Loading...
HomeMy WebLinkAbout96-00220 a i t I a, et • 1 t l (? 1 ,, , fl STEPHEN D. DAY, Plaintiff vs. PEGAN L. DAY, Defendant ORDER AND NOW, this : INTHE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 96-0220 CIVIL CIVIL ACTION - LAW IN CUSTODY 3'j day of April, 1997, the court having had hearing on the matter of the custody of Rebecca Lynn Day, horn June 22, 1996, it is ordered and directed that the parties shall have shared legal custody of said child. Because the child is not familiar with her father, the parties shall, unless they agree otherwise, abide by the following schedule with respect to periods of partial custody in the father, it being understood that at other times, custody of Rebecca shall he in her mother: 1. During the weeks when the father has physical custody of Krista, he shall have partial custody of Rebecca in the middle of the week for it period of three hours as the parties shall agree and, if they cannot agree, every Wednesday following the father's work day. 2. In addition, on the first Saturday, following today, that the father shall have custody of Krista, he shall have custody of Rebecca for a period of three hours, as the parties shall agree and, if the parties cannot agree, commencing at 11.00 a.m. 3. For the ensuing six Saturdays when the father has custody of Krista, the father's custody with Rebecca shall he extended for a period of one hour, for total periods of four, five, six, seven, eight and nine hours respectively. 4. Thereafter, during the father's next period of custody of Krista, he shall custody of Rebecca overnight on Wednesday ending at the time he must report to work on Thursday morning and on Saturday, ending on Sunday morning at 11.00 a.m. I 5. `rhereafter, and for it period of six months', during those weeks when he h;ts custody ut Krista, he shall have custody of Rebecca on Wednesdays, overnight, as aforesaid, and every other weekend from Friday at 6:00 p.m. until Sunday at 6:(X) p.m. 6. Thereafter, he shall have custody of both Krista and Rebecca at such times as he has been awarded custody of the child, Krista. This order is entered without prejudice to either parry to file a petition for modification of all existing custody orders in this case particularly in light of the fact that Krisnt is beginning school in the fall of 1997. BY THE COURT, John Broujos, Esquire For the Plaintiff James Kayer, Esquire For the Defendant Kev7A. Hess, J. Am STEPHEN D. DAY, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 88220 CIVIL TERM PECAN L. DAY, : CIVIL ACTION - I.AW Defendant : IN CUSTODY ORDER OF COURT AND NOW, this .2'41 day of Oak-o" , 1987, upon consideration of the within Stipulation it Is ordered and decreed as follows: 1. The Court's prior Orders in this case are vacated and replaced with this Order. 2. The Father, Stephen D. Day, and the Mother, Pegan L. Day, shall have shared legal and physical custody of Krista E. Day, born August 27, 1992 and Rebecca L. Day, born June 22, 1980. The parties shall have shared physical custody of the children on a bi-weekly basis, with the exchange of custody occurring on Sunday evenings at TGOp.m. The bi-weekly custody schedule shall begin with the Mother having custody of the children on November 2, 1997 at 7:00p.m. 9. The party receiving custody of the children shall provide transportation for the exchange of custody. 4. Birthdays, holidays and vacation shall be alternated or shared as the parties shall agree, depending upon their prospective work schedules. 5. If the parties cannot agree on the holiday schedules, the holidays shall be alternated as follows: a In odd numbered years, the Mother shall have custody on Easter, 4th of July and Thanksgiving from 8:00a m until 7:00p.m. and the Father shall have custody on New Year's Day, Memorial Day and Labor Day from 8:00am. until 7:OOp.m. ;t b. In even numbered years, the Father shall have custody on Easter, 4th of July and Thanksgiving from 8:00a.m until 7:00p.m. and the Mother ahall have custody on New Year's Day, Memorial Day and Labor Day from 8:00am. until 7:O0p.m. C. The parties have also agreed to alternate Christmas as follows: in odd numbered years, the Father shall have custody of the children from 7:00p.m. Christmas Eve until 7:00p.m. Christmas Day; in even numbered years, the Mother shall have custody of the children from 7:00p.m. Christmas Eve until 7:00p.m. Christmas Day. CL Mother shall have physical custody of the children from 8:00 am. through 7:00 p.m. on Mother's Day; and Father shall have physical custody of the children from 8:00 a.m. through 7:00 p.m. on Father's Day; 8. Neither parent shall do or say anything which may estrange the children from the other parent, injure the opinion of the children as to the other parent or hamper the free and natural development of the children's love and respect for the other parent. 7. This Order is entered pursuant to an agreement between the parties. The parties may modify the provisions of this Order by mutual agreement. In the absence of mutual agreement, the provisions of this Order shall control. BY THE COURT, X . Kevin A sae, J. STEPHEN D. DAY, Plaintiff, V. PEGAN L. DAY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-220 CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY AND NOW, this day of H 1907, it is hereby stipulated and agreed between the parties as follows: 1. The Court's prior Orders in this case are vacated and replaced with this Order. 2. The Father, Stephen D. Day, and the Mother, Pegan L. Day, shall have shared legal and physical custody of Krista E. Day, born August 27, 1992 and Rebecca L. Day, born June 22, 1998. The parties shall have shared physical custody of the children on a bi-weekly baais, with the exchange of custody occurring on Sunday evenings at 7:00p.m. The bi-weekly custody schedule shall begin with the Mother having custody of the children on November 2, 1997 at 7:00p.m. 9. The party receiving custody of the children shall provide transportation for the exchange of custody. 4. Birthdays, holidays and vacation shall be alternated or shared as the parties shall agree, depending upon their prospective work schedules. 5. If the parties cannot agree on the holiday schedules, the holidays shall be alternated as follows: a In odd numbered years, the Mother shall have custody on Easter, 4th of July and Thanksgiving from 8:00a.m until 7:00p.m. and the Father shall have custody on New Year's Day, Memorial Day and Labor Day from 8:00a m. until 7:00p.m. b. In even numbered years, the Father shall have custody on Easter, 4th of July and Thanksgiving from 8:00a m until 7:00p.m. and the Mother shall have custody on Now Year's Day, Memorial Day and Labor Day from 8:00a.m. until 7:OOp.m. c. The parties lave also agreed to alternate Christmas as follows: in odd numbered years, the Father shall have custody of the children from 7:00p.m. Christmas Eve until 7:00p.m. Christmas Day; in even numbered years, the Mother shall have custody of the children from 7:00p.m. Christmas Eve until 7:00p.m. Christmas Day. d. Mother shall have physical custody of the children from 8:00 am, through 7:00 p.m. on Mother's Day; and Father shall have physical custody of the children from 8:00 am. through 7:00 p.m. on Father's Day; 8. Neither parent shall do or say anything which may estrange the children from the other parent, injure the opinion of the children as to the other parent or hamper the free and natural development of the children's love and respect for the other parent. 7. This Order is entered pursuant to an agreement between the parties. The parties may modify the provisions of this Order by mutual agreement. In the absence of mutual agreement, the provisions of this Order shall control. Wi mess Pegan Day YJyy ! f C j. uj ,• I I i i V- t.? T ?J STEPHEN D. DAY, Plaintiff va. PECAN L. DAY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-220 CIVIL TERM CIVIL ACTION - LAW CUSTODY ORDER OF COURT AMID NOW, this day of !)4 , 1998, upon consideration of the attacged Custody Cot Kn at on Report, t is ordered and directed as follows: 1. A Hearing is scheduled in Courtroom No. of the Cumberland County Court House, on the f rh day of 1998, at C%; 3 0 o'clock c, .m., attwh ch time test any 1 be taken in this case. At the Hearing, the Father, Stephen D. Day, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be called to testify at the Hearing, and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten (10) days prior to the scheduled Hearing date. 2. Pending further Order of Court or Agreement of the parties, this Court's prior Order dated October 2, 1997 shall continue in effect with the additional provisions set forth in this Order. 3. The Father shall have custody of the Children from Friday, August 14, 1998 at 7:00 p.m. until Saturday, August 15, 1998 at 9:00 p.m. so that the Children can attend the Father's wedding. The Mother shall be entitled to have a make-up period of custody from Friday at 7:00 p.m. through the following Saturday at 9:00 p.m. during the Father's period of custody immediately following the wedding. 4. In the event either party requires care for the Children during his or her periods of regular custody, for an overnight period or longer, that party shall first contact the other party to provide an opportunity for the non-custodial parent to provide care prior to contacting third party caregivers. 5. Both parties shall ensure that the Children have separate sleeping accommodations and do not sleep in the same roan with an unrelated adult. 6. Both parties shall ensure that the Children are not exposed to cigarette smoke in their residence at any time and at other residences or public places for an extended period of time. 7. The parties shall notify each other of any medical or dental appointments scheduled for the Children and, if that party is not able to 0i ..? _G ..i.(: .Ur. ., fir'. . *":41 ?.? ? P .1: personally accompany the Children to the appointment, that party shall provide the other parent with an opportunity to take the Children to an appointment before making arrangements with third parties. 8. Both parties shall have liberal and reasonable telephone contact with the Children when the children are in the custody of the other party. cc: Ron Turo, Esquire - Counsel for Father ?7e"' k?Ccl Ruby D. weeks. Esquire - Counsel for Mother y. 11•sf BY THE CCURT# STEPHEN D. DAY, Plaintiff VS. PECAN L. DAY, Defendant PRIOR JUDGE: Kevin A. Hess : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COLM Y, PENNSYLVANIA N0. 96-220 CIVIL TERM CIVIL ACTION - LAW 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURP12MY IN CUSTODY OF Krista E. Day August 27, 1992 Mother/Father Rebecca L. Day June 22, 1996 Mother/Father 2. A Conciliation Conference was held on April 9, 1998, with the following individuals in attendance: The Father, Stephen D. Day, with his counsel, Ron Turo, Esquire and the Mother, Pegan L. Day, with her counsel, Ruby D. Weeks, Esquire. 3. This Court previously entered an Order in this matter on October 2, 1997, based upon a stipulation of the parties. under the existing Order, the parties share legal and physical custody and exchange custody of the Children on a bi-weekly basis. The Father filed this Petition for Modification and seeks primary physical custody of the Children. The Father raised several concerns at the Conference, most of which were resolved at the Conference as reflected in the proposed temporary order. However, it will be necessary to schedule a Hearing on the issue of primary custody. 4. The Father's position on custody is as follows: The Father believes that it would be in the Children's best interest to reside primarily with him, at least during the school year. The Father stated that, as the parties' oldest Child, Krista, will start kindergarten next fall, it will be important for the Children to have a stable primary custody arrangement. The Father believes he is in a better position to provide a stable home situation for the Children as he will be getting remarried in August 1998. The Father would like to enroll Krista in kindergarten at oakflat Elementary School (Big spring school District) or at Newville Elementary School both of which are in the Father's school district. The Father stated several reasons why he believed the primary custody situation would be in the Children's best interest. Although several of his concerns were resolved by agreement of the parties during the Conference, the Father's basic reason for seeking a primary custody situation is stability during the school year. 5. The Mother's position on custody is as follows: The Mother opposes the Father's request for primary custody and instead believes that it would be in the Children's best interest to continue the shared custody arrangements which the parties have had over the past years. The Mother believes the Children are doing well under the bi-weekly schedule and sees no reason to change the status quo. The Mother would prefer to have Krista enrolled in the Carlisle School District (Mt. Holly Springs Elementary) where the Mother resides. The Mother indicated that she would agree to enrollment in Oakflat Elementary School which would be reasonably close to the Mother's place of employment although it is in the school district where the Father resides. 6. The Conciliator recommends an Order in the form as attached which reflects the terms of the parties agreement on certain matters raised at the Conciliation Conference and also schedules a Hearing on the issue of primary custody. ,r? / `/ `lam Date' Dawn S. Sunday, Esquire/ Custody Conciliator it a a f, G , Ada kg a U 44 4J i , x a 44 ?H 'lf. rf?? q X 6° ? to w j t3 >4 d yt { rva? y 'da aiQ I " .9 g a 3 i . ??r 0 1998 f.,? STEPHEN D. DAY, Plaintiff vs. PECAN L. DAY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-220 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOw, this I ~ day of OJv I.o , 1996, upon consideration of the attached Custody Conc at on Report, it is ordered and directed as follows: 1. This Court's prior order dated March 14, 1996 is vacated and replaced with this order. 2. The Father, Stephen D. Day, and the Mother, Pegan L. Day, shall have shared legal and physical custody of Krista E. Day, tarn August 27, 1992. The parties shall have shared physical custody of the Child on a weekly basis, with the exchange of custody occurring on Sunday evenings at 7:00 P.M. The weekly custody schedule shall begin with the Father having custody of the Child on September 29, 1996 at 7:00 P.M. 3. The Mother shall also have custody of the Child during the Father's regular work hours. The Father shall take the Child to the Mother's residence on his way to work between 6:30 A.M. and 7:30 A.M. and shall pick up the Child from the Mother's residence on his way home fron work between 4:30 P.M. and 5:30 P.M. 4. Each party shall have an uninterrupted two week period of summer vacation with the Child each year, with the specific dates and times to be arranged by mutual agreement of the parties. 5. Except as specified otherwise in paragraph 3 of this Order, the party receiving custody of the Child shall provide transportation for the exchange of custody. 6. The parties shall share custody of the Child on holidays as follows: A. Tha iving Day 1996 - The Mother shall have custody of the Child Eton the Wednesday evening before Thanksgiving at 7:00 P.M. until Thanksgiving Day at 3:00 P.M. The Father shall have custody of the Child from Thanksgiving Day at 3:00 P.M. through the remainder of his regularly scheduled week of custody. B. Christmas 1996 - The Father shall have custody of the Child on ChrChr s-tmas Day until 3:00 P.M. The Mother shall have custody of the Child from Christmas Day at 3:00 P.M. until December 26 at 7:00 P.M. C. Mother's Day/Father's Day - The Mother shall have custody of the Child on Mother's Day in every year and the Father shall have custody of the Child on Father's Day in every year. D. The parties shall share or alternate custody of the Child on the remaining holidays and on Thanksgiving and Chriutmas in subsequent years as arranged by mutual agreement. 7. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. 8. If, after following the shared custody schedule for a period of at least two months, either party feels that the shared custody schedule is detrimental to the Child's best interePts and the parties are unable to make other arrangements by agreement, either party may petition the Court to have this matter listed with the Conciliator for a Conference. 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 agreement. In the absence of mutual agreement, the provisions of this order shall control. BY THE COURT, , ". 1-14 K7 A. Hess, J. cc: James Kayer, Esquire - Counsel for Defendant Lindsay Baird, Esquire - Counsel for Plaintiff ec-u.ta,,, ?AAJL-4- 101314( - sa..c-- y. .. I . STEPHEN D. DAY, Plaintiff vs. PEW L. DAY, Defendant PRIOR JUDOS: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-220 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH QPIDERLAIID COUNTY RULE OF CML 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 BIRTHDATE CURRENTLY IN rABTODY OF Krista E. Day August 27, 1992 Plaintiff/Defendant 2. The initial Conciliation Conference was held in this matter on March 6, 1996, and this Court entered an Order on March 14, 1996 reflecting the custody agreement reached at Conciliation. The Mother filed this Petition for Modification of the prior Custody Order and a second Conciliation Conference was held on September 26, 1996, with the following individuals in attendance: The Father, Stephen D. Day, with his counsel, Lindsay Baird, Esquire, and the Mother, Pegan L. Day, with her counsel, James Kayer, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date S. Sunday, Esqu Custody Conciliator i I J H C H ° ? ?n w ,' F STEPHEN D. DAY, IN THE Coma m. COMMON PI.EAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 96-220 CIVIL TERM PEGAN L. DAY, Defendant : IN CUSTODY PRE-TRIAL MEMORANDUM OF DEFENDANT 1. FACTUAL. HISTORY The Plaintiff in this case, the natural father initially filed a petition to modify the court's October I, 1996 order which confinned that the parties would have shared legal and physical custody with periods of physical custody being switched on a weekly basis. This order addressed the parties' oldest child, Krista, born August 27, 1992. At the time, the farther objected to the provision that required him to utilize the Defendant mother as it babysitter during his weeks of physical custody when he was at work and not available to be home with the child. A number of events have transpired since this initial petition. The father had previously contested paternity of it second child, Rebecca Day, bom June 22, 1996. However, as of January, 1997, after the conciliation conference in this matter had occurred, the blood test results curate back with it high probability of paternity and the father has since conceeded paternity. Additionally, the mother, who previously had been unemployed and had stayed at home with both children, has since obtained full-time employment. These changes in the parties circumstances have caused the parties to refocus the issues involved in this matter and to be presented before the court. The parties essentially agree that the question of whether the father has it right to decide who shall babysit the child while he is at work is essentially moot. However, the father has raised the issue of custody with regard to the youngest child, Rebecca, as well as his concerns about the oldest child, Krista. Similarly, the mother believes that it would he appropriate for the court to address custody of the youngest child, due to her tender age. Furthemtore, as the oldest child, Krista, will be entering into Kindergarten next I: II, the mother recognizes that the current shared custody arrangement for the oldest child will no longer he viable and it will he necessary it) address primary physical custody of the oldest child, or indeed both children, to be effective once the school year begins. Therefore, the issues as initially framed in the conciliator's report to the court have changed dramatically as we approach the date of the hearing. 11. WITNESS AND TESTIMONY TO IIE PRESENTED Defendant shall testify on her own behalf and describe her relationship with the children, her ability to care for the children, the children's relationship with each other, and any concerns that she has with regard to the father's ability to care for the parties' youngest child, Rebecca. William Russell Snyder, the Defendant's father, will testify with regard to the Defendant's living conditions, her relationship and interaction with the children, aid the interaction between the children. He will also testify about his limited observations of interaction between the children and the natural father. 111. ARGUMENT Of course, the paramount concern of any court addressing custody issues is the best interests and welfare of the children. While the mother recognizes that the children will benefit greatly from as much access to both parents as possible, :utd this is why she has always agreed to enter into a shared custody arrangement with regard to the parties oldest child, site also recognizes that with the upcoming school year, and the distance between the parent: residences, that such an arrangement will not he logistically viable. Furthermore, the youngest child is an infant less than one year of age who has always been in the mothers care and control. While the parties were married and still lived together, the mother was the primary caretaker of Krista, the oldest child. The Defendant does not dispute that the Plaintiff is u good father. While she is concerned with some behavioral abberations that occur after periods of prolonged contact with the father, she dos not believe that these abberations are such that should lead to the court to unduly restrict contact between children and father. However, the mother believes that she is best fit to care primarily for the children. As the eldest daughter's school attendance will most likely require her to stay primarily in one household, the widely accepted doctrine of keeping siblings together would necessitate the youngest daughter staying primarily in one household as well. Defendant will elicit testimony confirming that the girls have developed it significant bond since Rebecca's birth. 'this bond has been stressed on each occasion where Krista has been away from Rebecca for it period of one week when she stays with her father. As Rebecca gets older, it will become more and more important for her to continue to interact with her sister on it regular basis. For these reasons, the Defendant requests the following resolution: A. for the period from the present until the commencement of the academic school year for 1997-1998, that the parties continue to share legal custody of both children. Defendant world retain primary physical custody of the infant, Rebecca, subject to father's periods of partial physical custody to occur at least one evening per week with said visits occurring either at the Defendant's home or at her mother's home. The parties would continue to shame physical custody of the oldest daughter, Krista, continuing their "week on/week off" visitation schedule. The panies would alternate the July 4th and Labor Day holidays as well as Mother's and Fathers Day. B. For the period commencing at the start of the upcoming academic year, and continuing into the future, the parties would continue to share legal custody of the children. Defiudmu would obtain primary physical custody of both children. Father shall be of rrded reasonable visitation to both children. For the youngest child, upon her first birthday, a transition period would occur whereby father would initially enjoy periods of partial physical custody lasting four to six (4.6) hours at a location of his choice. This would be expanded gradually to include one and then two overnights consecutively. These periods of overnight visitation would be concurrent with the father's partial physical custody of the oldest child which would occur on alternating weekends as well as at least one evening each week. An alternating holiday schedule with special provisions to be made for Thanksgiving and Christmas as the parties had previously agreed in the October I, 1996 order would be provided. The father would be privileged to enjoy an extended period of physical custody with both children each summer whereby he would have a period of two (2) weeks of uninterrupted physical custody with the children during each summer month of June, July and August. Respectfully submitted, KAYER & BROWN f James CtAID. #50838 4 East) Libe 0 Avenue Curl r e, PAI 17013 (717) 243-7922 Attorney for Defendant Date: March 27, 1997 CERTIFICATE, OF SERVICE i hereby certify that a into copy of the foregoing Memorandum of Law for Defendant was served on the following person by First-class mail, postage prepaid addressed to: John Itroujos, Esquire Broujos & Gilroy, P.C. 4 North Hanover Street Carlisle, PA 17013 The Honorable Kevin A. Hess Cumberland County Courthouse I Courthouse Square Carlisle, PA 17013 Date: March 27, 1997 J. 4 E Libe Avenue Ca isle, A 17013 (7197) 243-7922 lh°. WW-*" A j 4i a :. I, w 4.1 C a w c c:. o Q ..? m o 3 = w _ O :c m w a m o L Ci a .-• N r U - rz C m LL C C f9 C F: U D .+• u rn L. o a ?r cm o O - uw ^rC ti. a Y r H r .? •.., ,- Q t u- .! STEPHEN 1). DAY, IN THE COURT 0h COMMON PLEAS OI' Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 96-220 CIVIL, TERM PEGAN L. DAY, Defendant IN CUSTODY PRE-TRIAL MEMORANDUM OF DEFENDANT 1. FACTUAL HISTORY The Plaintiff in this case, the natural father initially tiled a petition to modify the court's October 1, 1996 order which confirmed that the parties would have shared legal and physical custody with periods of physical custody being switched on a weekly basis. This order addressed the parties' oldest child, Krista, born August 27, 1992. At the time, the father objected to she provision that required him to utilize the Defendant mother as a babysitter during his weeks of physical custody when he was at work and not available to be home with the child. A number of events have transpired since this initial petition. The father had previously contested paternity of a second child, Rebecca Day, bom June 22, 1996. However, as of January, 1997, after the conciliation conference in this matter had occurred, the blood test results came back with a high probability of paternity and the father has since conceeded paternity. Additionally, the mother, who previously had been unemployed and had stayed at home with both children, has since obtained full-time employment. These changes in the parties circumstances have caused the parties to refocus the issues involved in this matter and to be presented before the court. The parties essentially agree that the question of whether the father has a right to decide who shall babysit the child while he is at work is essentially moot. However, the father has raised the issue of custody with regard to the youngest child, Rebecca, as well as his concerns about the oldest child, Krista. Similarly, the mother believes that it would be appropriate for the court to address custody of the youngest child, due to her tender age. Furthermore, as the oldest child, Krija, will be entering into Kindergarten next fall, the mother recognizes that the current shared custody arrangement for the oldest child will no longer be viable and it will be necessary to address primary physical custody of the oldest child, or indeed both children, to be effective once the school year begins. Therefore, the issues as initially framed in the conciliator's report to the court have changed dramatically as we approach the date of the hearing. 11. WITNESS AND TESTIMONY TO BE PRESENTED Defendant shall testify on her own behalf and describe her relationship with the children, her ability to care for the children, the children's relationship with each other, and any concerns that she has with regard to the fathers ability to care for the parties' youngest child, Rebecca. William Russell Snyder, the Defendant's father, will testify with regard to the Defendant's living conditions, her relationship and interaction with the children, and the interaction between the children. He will also testify about his limited observations of interaction between the children and the natural father. III. ARGUMENT Of course, the paramount concern of any court addressing custody issues is the best interests and welfare of the children. While the mother recognizes that the children will benefit greatly from as much access to both parents as possible, and this is why she has always agreed to enter into a shared custody arrangement with regard to the parties oldest child, she also recognizes that with the upcoming school year, and the distance between the parents residences, that such an arrangement will not be logistically viable. Furthermore, the youngest child is an infant less than one year of age who has always been in the mothers care and control. While the parties were married and still lived together, the mother was the primary caretaker of Krista, the oldest child. The Defendant does not dispute that the Plaintiff is a good father. While she is concerned with some behavioral abberations that occur after periods of prolonged contact with the father, she does not believe that these abberations are such that should lead to the court to unduly restrict contact between children and father. However, the mother believes that she is best fit to care primarily for the children. As the eldest daughters school attendance will most likely require her to stay primarily in one household, the widely accepted doctrine of keeping siblings together would necessitate the youngest daughter staying primarily in one household as well. Defendant will elicit testimony confirming that the girls have developed a significant bond since Rebecca's birth. This bond has been stressed on each occasion where Krista has been away from Rebecca for a period of one week when she stays with her father. As Rebecca gets older, it will become more and more important for her to continue to interact with her sister on a regular basis. For these reasons, the Defendant requests the following resolution: A. for the period from the present until the commencement of the academic school year for 1997-1998, that the parties continue to share legal custody of both children. Defendant would retain primary physical custody of the infant, Rebecca, subject to fathers periods of partial physical custody to occur at least one evening per week with said visits occurring either at the Defendant's home or at her mothers home. The parties would continue to share physical custody of the oldest daughter, Krista, continuing their "week on/week off' visitation schedule. The parties would alternate the July 4th and Labor Day holidays as well as Mothers and Fathers Day. B. For the period commencing at the start of the upcoming academic year, and continuing into the future, the parties would continue to share legal custody of the children. 1)cfe10a11t would obtain primary physic;d custody of both children. rather hall he ,forded rearonable visitation to both children. For the youngest child, upon her first birthday, a transition period would occur whereby father would initially enjoy periods of partial physical custody lasting four to six (4-6) hours at a location of his choice. This would be expanded gradually to include one and then two overnights consecutively. These periods of overnight visitation would be concurrent with the father's partial physical custody of the oldest child which would occur on alternating weekends as well as at least one evening each week. An alternating holiday schedule with special provisions to be made for Thanksgiving and Christmas as the parties had previously agreed in the October 1, 1996 order would be provided. The father would be privileged to enjoy an extended period of physical custody with both children each summer whereby he would have a period of two (2) weeks of uninterrupted physical custody with the children during each summer month of June, July and August. Respectfully submitted, KAYER & BROWN By; f,? Lr James . Kay d, -s ire Supre a Ct. D. #50838 4 ? Libe Avenue Carlin e, PA 17013 (717) 243-7922 Attorney for Defendant Date: March 27, 1997 (TRTIFICA'FF (1F SERVIC H I hereby certify that a true copy of the foregoing Memorandum of Law for Defendant was Nerved on the following person by First-class mail, postage prepaid addressed to: John Broujos, Esquire Broujos & Gilroy, P.C. 4 North Hanover Street Carlisle, PA 17013 The Honorable Kevin A. Hess Cumberland County Courthouse I Courthouse Square Carlisle, PA 17013 Date: March 27, 1997 J 4 E Libe Avenue isle, A 17013 (1 7) 243-7922 STEPHEN D. DAY : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUNHIERLAND COUNTY, PENNSYLVANIA v CIVIL DIVISION - LAW PEGAN L. DAY DOCKET NO. 96-120 CIVIL TERNI Defendant : CUSTODY : JUDGE KEVIN A. HESS PRE-HEARING b1EMORANDUM OF PLAINTIFF HISTORY The facts set forth in History of Defendant are generally accepted with the following modifications. With respect to the Father's contest of paternity of the second child, the conduct of the Mother and admissions by the Mother were sufficient to have the matter of paternity adjudicated. Plaintiff accepts the results of the blood tests and the paternity of the child and seeks his rights to the child which he accepts as his own. Father desires to have shared legal and physical custody of the child Rebecca similar to the shared legal and physical custody of the child Krista, which has worked out well. Father seeks shared custody at the present time and on a continuing basis even after the older child may enter Kindergarten. The only modification that is requested is the extension of time from one week alternating with each parent to perhaps one month for each parent of shared physical custody. For registration of the child Krista in Kindergarten, Father recognizes the necessity for early registration and consents to enrollment of the child in a local Carlisle Area School for Kindergarten, since Father comes daily to the Carlisle area, working at Adam Wholesalers. Since Father works in the Carlisle area, he has now a satisfactory system of pick up and delivery of Krista and can continue transporting the child to the Mother and to the school, a convenient arrangement which has worked very well. WITNESSES TO BE CALLED FATHER: He will testify that there has been a satisfactory arrangement of shared legal and physical custody. He does not desire the children to be separated. He was a nurturing and caring father for the child Krista during the period of cohabitation of Mother and Father with the child. He has adequate babysitting arrangements and house facilities. RELATIVES: Relatives of Father will testify as to the excellent relationship of Father to the child Krista during the early years living together; the excellent condition of the house in which Father resides with Krista with ample facilities for the baby Rebecca; and the convenience of pick up and delivery of the child Krista presently with the Mother and in the future with any educational arrangement. ARGUMENT 1. Children Should be Kept Together in Custody Arrangements Wherever Possible. The Courts favor placing children together as siblings to develop together in the parental environment. 2. The Distance Between the Parents Residences Has no Impact On the Sharing of Legal and Physical Custody. Testimony of Father and his witnesses will indicate that the distance between the Father's residence in Penn Township and Mother's residence in Carlisle has never been an obstacle to a shared legal and physical custody arrangement for Krista; nor would it be any problem in the future with respect to Rebecca. Where there is consideration of parents living separate and apart, the overriding consideration should be the development together of two children. Since they cannot share a common household with Mother and Father because of the marital situation, they can at least share a common living relationship, where the youngest child will have the excitement and experience of seeing her sibling arrive home after school and develop the bonds that exist only between two children. 3. The 'Child of Tender Years Doctrine" No Longer Controls. Defendant argues that "the youngest child is an infant less than one year of age who has always been in the Mother's care and control." "... the Mother was the primary caretaker of Krista ..." Father is capable of care of the child of tender years and the courts have supported the equal right of the Father to custody of such a child. He denies that Mother was the primary caretaker of Krista. On the contrary, Father took care of the child Krista during the first few years of her life in addition to the Mother's care, by changing diapers, feeding, and caring for the child while the Mother worked shift work, including night shift. Witnesses will testify as to his capability in this regard. The courts have granted shared physical custody of children while in school. The question is often what school the children will attend, rather than the type of custody. Father agrees that the child attend a school in the Carlisle area. This should have no effect on the shared physical custody for periods of time as set by the Court, whether it be one week or one month. The parties have demonstrated their ability to work together under a shared physical custody arrangement. Defendant's proposal in its Memorandum is fairly complicated. There is no reason that there cannot be a simple plan of shared legal and physical custody with the appropriate altemafing holidays and summer vacations, which the parents have handled generally without difficulty. April 1, 1997 BROUJOS, G--IILL?ROY & HOUSTON PC J Broujos, Esquire Att ey I.D. No. 06268 4 North Hanover Street Carlisle„ Pennsylvania 17013 71712434574 717/766-1690 FAX 717/243-8227 i STEPHEN D. DAY, Plaintiff VS. PECAN L. DAY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND CCUNTY, PEN14SYLVANIA NO. 96-220 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CRDER OF CC RP AND NDN, this day of 1 i e i 1 , 1996, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Pegan L. Day, and the Father, Stephen D. Day, shall have shared legal and physical custody of Krista E. Day, born August 27, 1992. The parties shall have shared physical custody of the Child on a bi-weekly basis, with the exchange of custody occurring on alternating Friday evenings at 5:00 p.m. on the interim weekend, (in the middle of one party's period of bi-weekly custody) the noncustodial party shall have custody of the Child from Friday evening at 5:00 p.m. until the following Sunday at 1:00 p.m. 2. The parties shall alternate custody of the Child on holidays as mutually agreed by the parties. The Mother shall have custody of the Child on Mother's Day in every year and the Father shall have custody of the Child on Father's Day in every year. 3. Each party shall have a two week period of summer vacation with the Child each summer, during which the interim weekend period of custody for the other party shall be eliminated. The parties shall make arrangements as to dates and times for the uninterrupted two week period of summer vacation each year by mutual agreement. 4. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. 5. If, after following the shared custody schedule for a period of four (4) months, either party feels that the shared custody schedule is detrimental to the Child's best interests and the parties are unable to make other arrangements by agreement, either party may contact the Conciliator to schedule a second Conciliation Conference. 6. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of ? i this Order by mutual agreement. In the absence of mutual agreement, the provisions of this order shall control. BY THE COURT, cc: John H. Broujos, Esquire James Kayer, Esquire J. STEPHEN D. DAY, Plaintiff vs. PECAN L. DAY. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-220 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CCNCILIATION SUMMARY REPORT IN ACCORDANCE WrrH CUMSERI" COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The relevant information pertaining to the Child who is the subject of this litigation is as follows: NAME BIRTHDATE CURRENTLY IN CUSTODY OF Krista E. Day August 27, 1992 Defendant/Mother 2. A Conciliation Conference was held on March 6, 1996, with the following individuals in attendance: The Father, Stephen D. Day, with his counsel, John H. Broujos, Esquire, and the Mother, Pegan L. Day, with her counsel, James Kayer, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Oct te:/t Date Dawn S. Sunday c. Custody Conciliator 4 y> I !? W L o m ' w 6rv ? r & C?Jw " 3? ar i ? / o u z a STEPHEN D. DAY : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL DIVISION - LAW PECAN L. DAY : DOCKET NO. 96- x•20 CIVIL TERM Defendant . : CUSTODY ORDER OF COURT AND NOW, this tL day of fJrlbbe:1199,? it is hereby directed ii that the parties and their respective counsel appear before ?CnU.)A S S? Ac%% 6?r , Conciliator, at CJ. Mc?,n S1.I116cLx•n• Sb` nthe?715CayofFC /ucir? 1996, at ',A7 .m., for a Preh.aring 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. Either party may bring the child who is the subject of this custody action to the conference, but the child's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT: BY: cu.vt'1 Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADNIINISTRATOR CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA 1 17 240-6200 -- ny ? ^u X ez S ? STEPHEN D. DAY : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL DIVISION - LAW PECAN L. DAY DOCKET NO. 96- CIVIL TERM Defendant : CUSTODY NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 717/240-6200 STEPHEN D. DAY : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL DIVISION - LAW PEGAN L. DAY DOCKET NO. 96- XJo CIVIL TERM Defendant : CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, by and through his attorneys, Broujos, Gilroy & Houston, P.C., and avers as follows: 1. Plaintiff is Stephen D. Day, an adult individual residing at 292 Smith Road, Shippensburg, Cumberland County, Pennsylvania 17257. 2. Defendant is Pegan L. Day, an adult individual residing at 50 Bonnybrook Road, Lot #26, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff seeks custody of the child Krista E. Day presently in the possession of Defendant at 50 Bonnybrook Road, Lot #26, Carlisle, Cumberland County, Pennsylvania 17013. Krista E. Day was bom August 27, 1992. The child was not bom out of wedlock. During the past five years, the child has resided with the following persons and at the following addresses: Person Address P90 Stephen D. Day & 50 Bonnybrook Rd 1992 to 9-16-95 Pegan L. Day Lot #26 Carlisle, PA 17013 Pegan L. Day same address 9-16 95 to present The mother of the child is Pegan L. Day, currently residing at 50 Bonnybrook Road, Lot #26, Carlisle, Cumberland County, Pennsylvania 17013. She is married to Plaintiff. The father of the child is Stephen D. Day, currently residing at 292 Smith Road, Shippensburg, Cumberland County, Pennsylvania 17257. He is married to Defendant. 4. The relationship of Plaintiff to the child is that of father. The Plaintiff currently resides with the following persons: Name Relationship Mr. Dana Gilbert Friend 5. The relationship of Defendant to the child is that of mother. The Defendant currently resides with the following persons: Name Jason Snyder Krista E. Day Relationship Brother Daughter 6. The Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another Court. 7. Plaintiff has no information of a custody proceeding concerning the chid pending in a Court of this Commonwealth. 8. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody of visitation rights with respect to the child. I- 9. The best interest and permanent welfare of the child will be served by granting the relief requested because the child will live in a better environment; since the Mother is apparently entertaining and sleeping with a man in the same room as the child; the child has told her grandmother that this man has been sleeping in the same room as the child and told her that she may have a new daddy; the environment is deliterious to the child's moral upbringing; and the Father is better able to provide the domestic situation necessary for raising the child. 10. Each parent who has parental rights to the child which have not been terminated and the person who has physical custody of the child are parties to the action. WHEREFORE, Plaintiff requests this Court to grant custody of the child to Plaintiff. Y DATE: JANUARY 11 1996 BROUJOS, ESQUIRE Y FOR PLAINTIFF BROUJOS, GILROY & HOUSTON, P.C. 4 NORTH HANOVER STREET CARLISLE, PENNSYLVANIA 17013 717/243-4574 717/766-1690 FAX# 717/243-8227 I verify that the statements in the foregoing pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS 4904 relating to unswom falsification to authorities. Stephen . a !, ? T JD j ,? M ti („ ti . ? ? ? v ?? ° - ; ? ; . + _ , c i?? ? ?? r U N .n E;?: ? i,' , ? 1 = , O4 (, ?, v :. Y -- r, . STEPHEN D. DAY : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL DIVISION - LAW PEGAN L. DAY : DOCKET NO. 96-220 CIVIL TERNI Defendant : CUSTODY ORDER OF COURT AND NOW, this 1'51t `day of , < , 1996, it is hereby directed that the parties and their respective counsel appear before Dawn S. Sunday, Esquire, Conciliator, at 39 W. Main Street, Mechanicsburg, PA 17055, on the day of 1997, at OQ c\. m m., for a Prehearing 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. Either party may bring the child who is the subject of this custody action to the conferener, but the child's attendence is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT: BY: Custody Conciliator v }-?i2,r7 YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA 717/240.6200 1,. II 42 X2 - STEPIIEN D. DAY : IN THE COURT OF COMNION PLEAS OF Plaintiff s CUMBERLAND COUNTY, PENNSYLVANIA v ; CIVIL DIVISION - LAW s PECAN L. DAY ; DOCKET NO. 96- CIVIL TERNI Defendant : CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff' by and through his attorneys, Broujos, Gilroy & Houston, P.C., and avers as fellows: Plaintiff is Stephen 1). Day, an adult individual residing at 292 Smith Road, Shippenshurg, Cumberland County, Pennsylvania 17257. 2. Defendant is Pegun L. Day, an adult individual residing at 50 Bonnybrook Road, Lot #26. Carlisle, Cumberland County, Pennsylvania 17013. 3. On October I, 1996, the Court in paragraph 3 ordered that "Mother shall also have custody of the child during Father's regular work hours... between 6:30 AM and 7:30 AM ... (to) ...4:30 I'M to 5:30 PM." This was based upon the Mother's claim that since she is not working Father would save money by not paying a babysitter. Mother then had the audacity to ask tier an increase in support, which was denied by the Domestic Relations examiner. d. In uddition, there have been conditions adverse to the best interests of the child during custody with the Mother. 5. Traditionally, custody of a child in a parent gives to that parent the right to determine who is to babysit the child. The parent has control of the child. The provisions of paragraph 3 are anathema to the rights of the custodial, possessory parent. WHEREFORE, Plaintiff asks the Court to terminate the provisions of paragraph 3 of the Order of October 1, 1996, and to permit Father to determine how lie is to handle babysitting of the child. December 5, 1996 John. Broujos, Esquire Atto ey I.D. No. 06268 4 North Hanover Street Carlisle, Pennsylvania 17013 717/243-4574 717/766-1690 FAX 717/243-8227 PC I verity that the statements in the foregoing pleading are true and correct. I understand that false statements herein are made subject to the penalties of l8 PaCS 4904 relating to unworn falsification to authorities. rtr ,,; STEPHEN D. DAY : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL DIVISION - LAW PEGAN L. DAY DOCKET NO. 96-220 CIVIL TERM Defendant CUSTODY BEFORE JUDGE KEVIN A. HESS ORDER ^41,1144 AND NOW, this W1 day ofE-b-ary, 1997, it is hereby ordered and directed: I. On e Petition gr Spgciai Relizf, for immediate and temporary visitation rights of the child Reb ca Lynn, ba-y,?earing is set f r the _ day oPl?farch, 1997, at _ o'clock,-m. ?. Ll- in Courts m No. 4, l?? 2 On the Petition to Add Child to the original petition for custody, the child Rebeca Lynn Day is added to the original petition as an additional child of the parents and hearing is set thereon for the 3rd day of April, 1997, at 9:30 a.m. in Courtroom No. 4. / Upon relation of the parties that Mother will no longer be available as a babysitter during the period of ustody of father the Court will noq hear the matt Loof Mother as a babysitter and the ?g will be f the purpose of determining custody of the child Rebeca L ,Day ' BY THE COURT, ire o: ;?_ ? ? , . 1 :_ ? _ _i (.i U' ?J STEPHEN D. DAY IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL DIVISION - LAW PEGAN L DAY DOCKET NO. 96-220 CIVIL TERM Defendant : CUSTODY : BEFORE JUDGE KEVIN A. HESS PETITION TO ADD CHILD TO CUSTODY ORDER AND PETITION FOR SPECIAL RELIEF AND NOW, comes the Plaintiff, by and through his attorneys, Broujos, Gilroy & Houston, P. C., and avers as follows: L PETITION TO ADD CHILD TO CUSTODY ORDER I. Plaintiff is Stephen D. Day, an adult individual residing at 292 Smith Road, Shippensburg, Cumberland County, Pennsylvania 17257. 2. Defendant is Pegan L. Day, an adult individual residing at 50 Bonnybrook Road, Lot 926, Carlisle, Cumberland County, Pennsylvania 17013. 3 Plaintiff seeks custody of the child Rebecca Lynn Day presently in the possession of Defendant at 50 Bonnybrook Road, Lot k26, Carlisle, Cumberland County, Pennsylvania 17013. • Rebecca Lynn Day was born June 22, 1996. • The child was not born out of wedlock. • Duting the past five years, the child has resided with the following persons and at the following addresses Person Address Dates Pegan L. Day 50 Bonnybrook Rd June 22, 1996 to present Lot #26 Carlisle, PA 17013 • The mother of the child is Pegan L. Day, currently residing at 50 Bonnybrook Road, Lot 926, Carlisle, Cumberland County, Pennsylvania 17013. • She is divorced from Plaintiff. • The father of the child is Stephen D. Day, currently residing at 292 Smith Road, Shippensburg, Cumberland County, Pennsylvania 17257. • He is divorced from Defendant. 4. The relationship of Plaintiff to the child is that of father. • The Plaintiff currently resides with the following persons: Name Relationship Mr. Dana Gilbert Friend The relationship of Defendant to the child is that of mother. • The Defendant currently resides with the following persons: Name Relationship Krista E. Day Daughter Rebecca Lynn Day Daughter 6. The Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another Court. 7. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. B Plaintiff does not know of a person not a parry to the proceedings who has physical custody of the child or claims to have custody of visitation rights with respect to the child. 9 The best interest and permanent welfare of the child will be served by granting the relief requested and the Father is able to provide adequate facilities and care necessary for raising the child. Both children should be together during periods of custody. 10. Each parent who has parental rights to the child which have not been terminated and the person who has physical custody of the child are parties to the action. IL PETITION FOR SPECIAL RELIEF 11. On October I, 1996, an Order was entered for custody and visitation for the first child Krista E. Day. 12. The second child Rebecca Lynn Day had been born on June 22, 1996. 13. Mother has refused to allow unsupervised visitation with that child, requiring Father to see the child only in the presence of Mothers parents and now refuses arbitrarily without reason any visition with the child. 14. This child has not been the subject of a prior petition. 15. Petitioner requests that the child be added to the current petition and that the Court render a visitation order therefore. 16. Petitioner requests that an immediate hearing for special relief for immediate unsupervised custody/visitation of the child. IT Hearing is scheduled for the original petition for the first child Krista E. Day on April 3, 1997. However, prior to that hearing before the Court, Petitioner requests a separate brief expedited hearing before the Court for the sole purpose of temporary immediate unsupervised visitation, since the action of Mother is arbitrary and deprives Father of an opportunity to visit with his new child. 18. Plaintiff has refrained from any confrontational action which would not be in the best interests of the child and seeks court action in the nature of special relief pendin;; custody conciliation conference. WHEREFORE, Plaintiff requests this Court to grant temporary immediate custody/visitation of the child Rebecca Lynn Day. Resp tfull{?( submitted, February 25, 1997 VV/ rat John . Broujos, Esquire Aw y for Plaintiff BROUJOS, GILROY & HOUSTON, P.C. 4 North Hanover Street Carlisle, Pennsylvania 17013 717/243-4574 717/766-1690 FAX# 717/243-8227 I verify that the statements in the foregoing pleading are true and correct. I understand that false statements herein are made subject to the penalties of Ig PaCg 4111)4 relating to unswom e > falsification to authorities. ?? ?`? p r) t r r STEPHEN D. DAY, Plaintiff vs. PECAN L. DAY, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : N0. 96-220 CIVIL TERM : IN CUSTODY ORDER OF COURT AND WM, this __/ C/t day of 1997, upon consideration of the attached Custody c at on port, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room # of the Cumberland County Court House on the ," I day of ?j A' ,, f 1997, at0 o'clock , m., at which time testimony will taken in this case. At th s Hearing, the Father, Stephen D. Day, shall be deemed to be the moving party for the purpose of presenting testimony. Counsel for the parties shall file with the Court and with opposing counsel a Memorandum setting forth each party's position on custody and also setting forth a list of witnesses who will be called to testify at the Hearing along with a summary of the anticipated testimony of each witness. The Memorandum shall also include an analysis of law pertaining to the primary custodial parent's discretion to make ongoing arrangements for care of the Child by a third party when the non-custodial parent is available and willing to provide care. This Memorandum shall be filed at least 10 days prior to the Hearing date. 2. Pending further Order of the Court or agreement of the parties, this Court's prior Order dated October It 1996, shall continue in effect. BY THE COURT, Kev r) A. Hess, J. cc: John H. Broujos, Esquire - Counsel, for Plaintiff _ ce_? James Kayer, Esquire - Counsel for Defendant .. i ?4 STEPHEN D. DAY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA PECAN L. DAY, Vs. Defendant NO. 96-220 CIVIL TERM IN CUSTODY CUS'DDDY CONCILIATION SUMMARY REPORT PRIOR JUDGE: Revin A. Hess IN A-UORDANC H WITH CUMBERLAND COl211'Y 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: BIRTfDATE CURREWLY IN CUSTODY OF Krista E. Day August 27, 1992 Plaintiff/Defendant 2. A Conciliation Conference was held in this matter on January 2, 1997, with the following individuals in attendance: The Father, Stephen D. Day, with his counsel, John H. Broujos, Esquire and the Mother, Pegan L. Day, with her counsel, James Kayer, Esquire. 3. This Court previously entered an order in this matter on October 1, 1996 under which the parties had shared legal and physical custody with the exchange of custody to take place each Sunday evening. The terms of the Order were agreed upon by the parties at a Custody Conciliation Conference. Paragraph 3 of the Order provided that the Mother would have custody of the Child, during the Father's regular week of custody, during the Father's work hours. The Father filed this Petition to have paragraph 3 deleted from the Order so that he can arrange to have the Child stay with a babysitter, rather than the Mother, during his weeks of custody. 4. The Father's position on custody is as follows: The Father does not seek to change the shared custody arrangement which alternates on a weekly basis but would like to delete the paragraph of the prior agreed upon order providing that he would take the Child to the Mother's residence for care during his regular work hours. The Father believes that he should have complete discretion to make child care arrangements during his employment and he now views paragraph 3 of the prior order as an impermissible restriction on his custody rights. The Father wants the Child to stay with the Father's grandmother approximately one day per week and with a babysitter for the remaining four days each alternating week when the Father has primary custody. The Father believes these arrangements would be in the Child's best interest because the Child should be able to spend more time with her paternal great grandmother and also should spend time with children close to her own age at the babysitter's home. The Father also expressed concerns regarding the Mother's alleged conduct during the periods when the Child is in her custody, including the Father's allegations that the Mother uses inappropriate language and makes derogatory comments concerning the Father in the Child's presence. The Father does not seek to limit the Mother's contact with the Child during her alternating weeks of primary custody. 5. The Mother's position on custody is as follows: Although the Mother expressed concerns regarding the Father's alleged noncompliance with the existing order (not returning the Child on time), the Mother bolieves it is in the Child's best interest to continue under the existing arrangement. It is the Mother's position that since she is not employed, it is in the Child's best interest to be cared for by the Mother during the Father's work hours rather than by a third party. The Mother also would like the Child to spend that additional time with the Child's infant sister (who is not yet the subject of a Custody Order). The Mother denied the Father's allegations concerning inappropriate behavior on the Mother's part during her periods of custody on the Father's work days. 6. The parties were not able to reach an agreement as to custody of the Child during the Father's hours of employment on alternate weeks when the Father is the primary caretaker of the Child. The issues before the Court include questions of law (whether the Father has absolute discretion during his periods of primary custody to have the Child cared for by a third party rather than the Mother) and questions of fact related to the Father's allegations concerning the effect of the Mother's conduct on the Child's best interests. It is expected that hearing in this matter will take less than one-half day. 7. The Conciliator recommends entry of an order in the form as attached. 1LrttaQ cu /94 7 Date r Dawn S. Sunday, Esquire' Custody Conciliator I ? I W 41 g H [y a' y C IM ro W i H i a e a 0 4 a a STEPHEN D. DAY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 96-220 CIVIL. TERM PECAN L. DAY, Defendant : IN CUSTODY SUPPLEMENTAL WITNESS LIST The mother, Pegan Day, has become aware of two additional witnesses that site will call to testify in the hearing schedule for April 3, 1997 at 9:10 a.m. These individuals are as follows: 1. Valerie Miller, an acquaintance of the mother's will testify concerning her observations of the mother interacting with both children, as well as the interaction between the two children. 2. Amy Showaker - this witness will testify as to her observations of mother - child interaction and child - child interaction. She will also testify as to her observations as to who is the primary caretaker of the children when the parties were married and still living together. Respectfully submitted, KAYER & BROWN James . Kayer, s lair Supret a Ct. I. NSO8': Libet Loft 4 Libert-Avenue Carlisle, PA 17013 (717) 243-7922 Attorney for Defendant Dane: April 3, 1997 CE?R'I'IE I('A'Fl Of- SF.RV'ICli I hereby certify that a true copy of the foregoing Supplemental Witness List was served on the following person by First-class mail, postage prepaid addressed to: John Broujos, Esquire Broujos & Cilroy, P.C. 4 North Hanover Street Carlisle, PA 17013 E. Robert Elicker, Ii, Esquire Office of the Divorce Master 9 North Hanover Street Carlisle, PA 17013 Date: April I, 1997 James J. 4. Libely Avenue C• rlisle, A 17013 (717) 243-7922 c `?' y u( co ,? 44 'r IL • G.. J ? J ? ?` _ ? r1. , ? G ? ? ' • [.. . ? ?t V ? ?J S'T'EPHEN D. DAY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 96-220 CIVIL TERM CIVIL ACTION - LAW PEGAN L. DAY, Defendant IN CUSTODY ANSWER TO COMPLAINT FOR CUSTODY COMES NOW, Defendant, Pegan L. Day, by and through her attorneys, Kayer & Brown, P.C. and avers as follows: 1. Admitted. 2. Admitted. 3. Admitted in part. It is admitted that the court order dated October I, 1996 speaks for itself with regard to the parties' custodial rights. It is denied that the mother was "audacious" in seeking an increase in support, as either parent has the right to petition for a modification at any time that they perceive a change in circumstances in the parties' earning capacities or economic situations. 4. Denied. It is specifically denied that there are any conditions adverse to the best interest of the parties child during those periods of time that the child stays with the mother. 5. Plaintiffs averment is a conclusion of law and does not require a response to the extent a response is deemed necessary by the court, it is denied. By way of further answer, while decisions regarding babysitting may be traditionally with the parent who has actual physical custody of the child, it is also traditional that the courts will tailor a custody order to allow the maximum exposure of time for a child to be with the natural parents, rather than a third party such as a babysitter. The parties and the custody conciliator, in crafting the agreement leading to the court's October 1, 1996 order, merely recognized this time honored concept and arranged for the child to spend additional time with her mother rather than with a third party. WHEREFORE, the Defendant asks the court to dismissed the Plaintiffs complaint insofar as it pertains to paragraph 3 of the court's order. Respectfully submitted, KAYER & BROWN a By: .M.,'. James, Kay , Es Lire Supre a Ct. LD. #50838 Libe Loft 4 East Liberty Avenue Carlisle, PA 17013 (717) 243-7922 Attorney for Defendant Date: December 23, 1996 CERTIFICATE OF SERVICE: 1 hereby certify that a true copy of the foregoing Answer was served on the following person by First-class mail, postage prepaid addressed to: John Broujos, Esquire Broujos, Gilroy & Huston, P.C. 4 North Hanover Street Carlisle, PA 17013 Date: December 23, 1996 Jame, J. Ka r, Es ire Libe y Lo 4 iberty Avenue Carlisle, PA 17013 (717) 243-7922 VERIFICATION OF PLEADINGS 1 have read the statements made in this document and to the extent that it is based upon information which has been given to me it is true and correct to the best of my knowledge, information and belief. I have executed this document on behalf of my client who is currently unavailable to execute a verification. The Defendant's signed verification shall be submitted to the court at a later date. I understand that false statements herein are made subject to the penalties of PA. C.S. Section 4908, relating to unworn falsification to authorities. Dated: '? ?t'-? , 1996 V5 ?7 C*1 y b C7 ? d `" s n _ ;. ? a a D x .-{ O r r R ?D -7 o •e o r s ;? fD o -! a n -4 tL4 4% 0 1• r - a r c N m 'a W ^? rn W ;-n N 61 ,? O C !? N• .Tl w 7 < O O ? C n R N r- ^3 C O m 1 • * ,?FCt ??C ?? l :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA { V :CIVIL ACTION - LAW J I 1 L Lr l :No. CIVIL 19 1'C C l Defendant •CUSTODY% ISITATION c)?? ORDER OF COURT AND NOW, this (date)Gtr) SIM , upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before L)CA\?. `C\\ , the conciliator, at =;q 4.,?c-`. k 1 If„ } r1c : t .r r _?q on the ?,y__day of 1-' , 19'11'1 , at 1 I'tx) l\. M., for a Prehearing 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. Either party may bring the child who is the subject of this custody action to the conference, but the child/children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT: By: C - _ N Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, FOURTH FLOOR CARLISLE PA 17013 (717) 240-6200 hurl . .. ' - ,'i A-Aiv STF.PHF.N D. DAY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 96-220 CIVIL TERM CIVIL. ACTION -LAW PF.GAN L. DAY, Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of 1997, upon considerution of the attached Petition, it is hereby directed that the parties and their respective counsel appear before Custody Conciliator, on of 1997, at o'clock _.M., 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 odder may also be present at the conference. Failure to appear at the conference may provide grounds for entry of it temporary or permanent order. FOR THE COURT, By: , Esquire Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, 4TH FLOOR CARLISLE, PA 17013 (717) 240-6200 S'l'[?PHEN D. DAY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 96-220 CIVIL TERM CIVIL ACTION - LAW PEGAN L. DAY, Defendant IN CUSTODY PETITION TO MODIFY CUSTODY COMES NOW, Defendant, PEGAN L. DAY, by and through her attorney, Jaynes J. Kayer, Esquire and avers as follows: 1. Defendant is Pegan L. Day, presently residing tit 503 Third Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Plaintiff is Stephen D. Day, whose last known address was 292 Smith Road, Shippensburg, Cumberland County, Pennsylvania, 17257. 3. Defendant seeks custody of the following children: Name Present Residence Age Krista Day, 502 3rd Street, Carlisle, PA 17013, born August 27, 1992; and Rebecca Day, 502 3rd Street, Carlisle, PA 17013, bom June 22, 1996. The children were born in wedlock. The children are presently in the custody of mother, Pegan L. Day, who resides at 502 3rd Street, Carlisle, PA 17013. During the past five years, the children have resided with the following person(s) at the above address: For Rebecca, from Birth to present with Mother, Pegan Day and sister, Krista Day, at 503 Third Street, Carlisle, PA, during those periods of physical custody with the mother. Fur Krista, from October 1995 to April 1996 with Mother, Pegan Day and Uncle, Jason Snyder, at 50 Honnybrook Road, Lot 26, Carlisle, PA, during those periods of physical custody with the mother and with Father, Stephen Day, at 292 Smith Road, Shippensburg, PA during those periods of physical cusnxly with the father. For Krista, from Birth to Wober 1995, with Mother, Pegan Day and Father, Stephen Day, at 50 Bin nybrook Road, LAit 26, Carlisle, PA. 4. 'rhe fattier of the children is Stephen D. Day, whose last known address was 292 Smith Road, Shippensburg, Cumberland County, PA. He is single. 5. The mother of the children is Pegan L. Day, currently residing at 502 3rd Street, Carlisle, PA 17013. She is single. 6. The relationship of Plaintiff to the children is that of father. The Plaintiff currently resides with the following person(s): Name Relationship Dana Gilbert Friend/Roommate 7. The relationship of the defendant to the children is that of mother. The Defendant currently resides with the following person(s): Name Relationship Krista E. Day Daughter Rebecca Lynn Day Daughter 8. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 9. The best interest and permanent welfare of the children will he served by granting primary physical custody of the children as the eldest child will commence Kindergarten this fall and continuing the shared custody schedule will prove to he disruptive to the child, to the mother. Additionally, the youngest has remained in the care and custody of the mother primarily. It would be against the children's lest interest to continue a visitation arrangement that would cause them to be separated for regular and prolonged periods of time . 10. Each parent whose parental rights to the children has not been temtinated and the person who has physical custody of the children have been named as parties to this action. All other persons, names below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene: Name Address Basis of Claim None WHEREFORE, Plaintiff requests the court to grant custody of the children to Plaintiff. Respectfully submitted, KAYER & BROWN By: F'7; Jam 1. Kayer, Esquet Supr me Ct. [.D. ff. 8: Libe y Loft 4 Ealsit Liberty Avenue Carlisle, PA 17013 (717) 243-7922 Attorney for Defendant Date: June 17, 1997 VERIFICATION OF PLEADINGS I have read the statements made in this document and to the extent that it is based upon information which has been given to me it is true and correct to the best of my knowledge, information and belief. I have executed this document on behalf of my client who is currently unavailable to execute a verification. The Defendant's signed verification shall be submitted to the court at a later date. I understand that false statements herein are made subject to the penalties of PA. C.S. Section 4908, relating to unswom falsification to authorities. Dated: &'I -! , 1997 ('ERTIFICATE OF S}:KVI('1{ I hereby certify that a true copy of the foregoing Order and Petition to Modify Custody was served on the following person by First-class nail, pe)stege prepaid addressed to: John Broujos, Esquire Broujos & Gilroy, P.C. 4 North Hanover Street Carlisle, PA 17013 Date: June 17, 1997 James`J. Kayer, dq Libe Loft ; 4 E. ibeny A? enui Card It PA II; 013 (717 243-7922 LIMOaa pUU r .. m C E- .. C o > CL 4) . _ -. n c.. C U J u _r w C ui _ m s+ ) _ 4 O ? I G M J ? -,? G a Y e J J ? 1 .Il i r. .r ia YIA STEPHEN D. DAN' : IN rHE COURT OF CONINIO:N PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL DIVISION - LAW PECAN L. DAY : DOCKET NO. 96-220 CIVIL TER!11 Defendant , CUSTODY JUDGE KEVIN A. HESS ORDER AND NOW, this 9 ` day of July, 1997, it is hereby ordered and decreed that Paragraphs I through 6 of the April 3, 1997 Order are deleted and the following substituted therefore. I. During the period of June 25. 1997 through July 12, 1997, Father shall have custody of the child Rebecca from 6:00 p.m. until 9:00 p.m. on Wednesday evenings. He will also have custody on June 28, 1997 from 8:00 a.m. until 4:00 p.m. and on July 12, 1997 from 8:00 a.m. until 5:00 p.m. 2. During the period of July 24, 1997 through November 8, 1997, Father shall have custody of the child Rebecca during the same week as when Father has custody of the parties' oldest child Krista from Thursday at 7:00 p.m. until Sunday at 7:00 p.m. 3. Beginning on November 9, 1997, Father shall have custody of the child Rebecca at the same time as when Father has custody of the parties' oldest child Krista for an entire week at a time, alternating every other week with Mother. 4. Birthdays, holidays, and vacation shall be alternated or shared as the parties shall agree, depending upon their prospective work schedules. transportation. Each puny shall provide transpotlation in the exercise of his%her rights of physical custody. BY THE COURT, 1. STEPHEN D. DAY : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL DIVISION - LAW PEGAN L. DAY : DOCKET NO. 96-220 CIVIL TERM Defendant : CUSTODY : JUDGE KEVIN A. IIESS STIPULATION FOR CUSTODY AND NOW, this lad day of .wit,' 1997, it is hereby Stipulated between the parties, Stephen D. Day, Plaintiff, and Pegan L. Day, Defendant, that this Honorable Court may modify the Order of April 3, 1997 as follows: I. Paragraphs I through 6 of the present order are deleted and the following substituted therefore: 1. During the period of June 25, 1997 through July 12, 1997, Father shall have custody of the child Rebecca from 6:00 p.m. until 9:00 p.m. on Wednesday evenings. He will also have custody on June 29, 1997 from 3:00 a.m. until 4:00 p.m. and on July 12, 1997 from 3:00 a.m. until 5:00 P.M. 2. During the period of July 24, 1997 through November R, 1997, Father shall have custody of the child Rebecca during the same week as when Father has custody of the parties' Oldest child Krista from Thursday at 7:00 p m until Sunday at 7.00 p.m. ?. Beginning on November 9. 1997, Father shall have custody of the child Rebecca at the same time as when Father has custody of the parties' oldest child Krista for an entire week at a time, alternating every other week with Mother. 4. Birthdays, holidays, and vacation shall be alternated or shared as the parties shall agree, depending upon their prospective work schedules.. 5. Transportation. Each party shall provide transportation in the exercise of his/her rights of physical custody. IN WITNESS WHEREOF, the parties hereto have hereunto set their respective hands and seals the day and year first above written and they hereby acknowledge and agree that the provisions of this modification shall be binding upon their respective heirs, assigns, executors and administrators. WITNESS: l AUG U 8 1997 STEPHEN D. DAY, Plaintiff va. PEOAN L. DAY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-220 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NDW# this 29th day of July, 1997, the Conciliator being advised by counsel for both parties that all custody issues have been resolved by Stipulation, hereby relinquishes jurisdiction in this case. Dawn S. Sunday, Esqu e Custody Conciliator r_ . 'i?i ^''" i ,? i rv . ?_ i `. , - +: STEPHEN D. DAY, : IN THE COURT OF COMMON PLEAS PWntif, : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 96-220 CIVIL TERM PEGAN L. DAY, : CIVIL ACTION • LAW Defendant : IN CUSTODY PRAECIPE FOR WITHDRAWAL OF APPEARANCE Kindly withdraw the appearance of John H. Broyjos, Esquire, on behalf of Stephen D. Day, in the above-captioned litigation. Respectfully submitted, (o -? a -] Date 4 NgrtJ Hanover Street Carlisle, PA 17013 (717) 243.4574 PRAECIPE FOR ENTRY OF APPEARANCE Kindly enter the appearance of Ron Turo, Esquire, on behalf of Stephen D. Day, in the above- captioned litigation. Respectfully submitted, TURD, LAW OFFICES Date Ron Turo, Esquire 32 South Bedford Street Carlisle, PA 17013 (717)245.9888 Attorney for Plaintiff ;: ?- .? ,? STEPHEN D. DAY, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 98-220 CIVIL TERM PEGAN L. DAY, : CIVIL ACTION - LAW Defendant : IN CUSTODY ORDER OF COURT AND NOW, this ?y day of February, 1998, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Dawn Sunday, Esquire, the conciliator, at 39 West Main Street, Mechanicsburg, on the ( day of P `t 1( i , 1998, at L it , for a Pre-Fzaring 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. FOR THE COURT, E By: a 1\\7A\ Custody Conciliator 7 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. 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. j 06-?s d v/ ,treit.? e 44?iAvtkl. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumb&iand County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 STEPHEN D. DAY, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 98-220 CIVIL TERM PEGAN L. DAY, : CIVIL ACTION - LAW Defendant : IN CUSTODY PETITION TO MODIFY CUSTODY 1. The Plaintiff, Stephen Day is an adult individual currently residing at 10 Mountainview Terrace, Newville, Cumberland County, Pennsylvania. 2. The Defendant, Pagan L. Day is an adult individual last known residing at 470 Pine Grove Road, Gardners, Cumberland County, Pennsylvania. 3. The parties are the natural parents of Krista E. Day, born August 27, 1992 and Rebecca L. Day, born June 22, 1996 who are both the subject of an Order of Court entered by the Honorable Kevin A. Hess on October 2, 1997 which set forth a stipulated agreement regarding the custody of the children. A copy of the Court's Order and parties Stipulation is attached and made a part hereto. 4. Since the entry of the Order the mother, Pegan L. Day, has undertaken conduct that has been detrimental to the welfare of the children and, further, has been unwilling to resolve the issue of school placement for the upcoming school year which will begin in September, 1998 which will require a change in permanent physical custody of the children. S. The father, Stephen Day, is in the best position to provide a stable home environment which will allow the children to prosper and, further, to begin their schooling in a single location with uninterrupted access by the father who is willing and capable of providing appropriate visitation arrangements to the mother. WHEREFORE, for all the above reasons, the father, Stephen Day, requests this Honorable Court to hold a hearing and, after hearing, grant him primary physical custody of the children. Respectfully submitted, TURO LAW OFFICES Date Ron 5-o, Esquire 32 South Bedford Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Petition to Modify Custody, upon James J. Kayer, Esquire, by depositing same in the United States Mail, first class, postage prepaid on the c)j day of February, 1999, from Carlisle, Pennsylvania, addressed as follows: James J. Kayer, Esquire Kayer & Brown 4 Liberty Avenue Carlisle, PA 17013 TURO LAW OFFICES Ron Tura, Esquire 32 South Bedford Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff STEPEEN D. DAY, : IN THE COURT OF COMMON PLEAS pt : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 96-220 CVM TERM PEGANL. DAY, : CIVIL ACTION-LAW Defendant : IN CUSTODY ORDER. OF COURT AND NOW, this ,;7^w L day of QcZZ7 ? , , 1997, upon consideration of the within Stipulation it is ordered and decreed as follower. L The Court's prior Orders in this case are vacated and replaced with this Order. 2. The Father, Stephen D. Day, and the Mother, Pegan L. Day, shall have shared legal and physical custody of Arista E. Day, born August 27, 1992 and Rebecca L. Day, born June 22, 1998. The parties shall have shared physical custody of the children. oa a. bi-weekly basis, with the exchange of custody occurring on Sunday evenings at TOOp.m. The bi-weekly custody schedule shall begin with the Mother having custody of the children on November 2, 1997 at T00p m_ 3. The party receiving custody of the children shall provide transportation for the exchange of custody. 4. Birthdays, holidays and vacation shall be alternated or shared as the parties shall agree, depending upon their prospective work schedules. S. If the parties cannot agree on the holiday schedules, the holidays shall be alternated as follows: a. In odd nu rnbered years, the Mother shad have custody, on. Easter, 4th of Scaly and Thanksgiving from 8:008 m until TOOp.m. and the Father shall have custody on New Year's Day, Memorial Day and Labor Day tram 8:00a w- until 7:00p.m. b. In even numbered years, the Father shall have custody on Easter, 4th of July and Thanksgiving Liam 8:00a m until 7.00p.m. and the Mother shall have custody on New Year's Day, Memorial Day and Tabor Day from: 8:OCam until - .:GPM-C. The parties have also agreed to alternate Christtas as follown: in odd numbered years, the Father shall have custody of the children from 7:00p.m. Christmas Eve until 7:00p.m. Christmas Day; in even numbered years, the Mother shall have custody of the children from 7:00p.m. Christmas Eve until 7:00p.m. Christmas Dap. d. Mother shall have physical custody of the children from 8:00 a m. through 7:00 p.m. on Mother's Day, and Father shall have physical custody of the children from 8:00 am through 7:00 p.m. am Father's Day, 6. Neither parent shall do or say anything which may estrange the children from. the other parent, injure the opinion of the children as to the other parent or hamper the free and natural development of the children's love and respect for the other parent. T. This Order is entered pursuant to an agreement between the parties. The parties may modify the provisions of this Order by mutual agreement. In the absence of mutual agreement; the provisions of this Order shall control- BY THE COURT, e6n Hen J. l c'. 14-14 R TRUE COPY FROM RECORD In Testimony wherent. I bare unto ,Lt my tacnd and tiro W1 of StW COUrt at F& This-2-,u,i-day _ u i2aai.-- 14 4 7 prothonotary STEPHEN D. DAY, : IN THE COURT OF COMMON PLEAS PWntK : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 96-220 CIVIL TERM PEGAN L. DAY, : CIVIL ACTION - LAW Defendant : IN CUSTODY AND NOW, this ? I day of T? 1997, it is hereby stipulated and agreed between the parties as follows: L The Court's prior Orders in this case are vacated and replaced with this Order. 2. The Father, Stephen D. Day, and the Mother, Pegan L. Day, shall have shared legal and physical custody of Arista E. Day, born August 27, 1992 and Rebecca L. Day, born June 22, 1998. The parties shall have shared physical custody of the children on a. bi•weekdy basis, with the exchange of custody occurring on Sunday evenings at 7:00p.m The bi weekdy custody schedule shall begin with the Mother having custody of the children. an November") INT at 7.00p.tu. 3. The party receiving custody of the children shall provide transportation for the exchange of custody. 4. Birthdays, holidays and vacation shall be alternated or shared as the parties shall agree, depending upon their prospective work schedules. 5. If the parties cannot agree on the holiday schedules, the holidays shall be alternated as follows: a In odd numbered years, the Mother shall have custody on Easter, 4th of July and Thanksgiving from 8:00a.m until 7:00p m. and the Father shall have custody an New Year's Day, Memorial Day and Labor Day l5rom 8:00a m until 7:OOp.m. b. Ln even membered years, the Father shall have custody on Easter, 4th of July and Thanlragiviag from 8:00a in until 7:00p.m. and the Mother shall have custody on Now Year's Day, Memorial Day and Labor Day from 8:00am. until 7:OOp.m. C. The parties have also agreed to alternate Christmas as follows: in odd numbered years, the Father shall have custody of the children from 7:00p.m. Christmas Eve until 7:00p.m. Christmas Day, in even numbered yearn, the Mother shall have custody of the children from 7.00p.m. Christmas Eve until 7.00p.m. Christmas Day. I Mother shall have physical custody of the children from 8:00 a m. through 7:00 p.m. on Mother's Day: and Father shall have physical custody of the children from 8:00 a m. through 7:00 p.m. on Father's Day: 6. Neither parent shall do or say anything which may estrange the children from the other parent, injure the opinion of the children as to the other parent or hamper the tree and natural development of the children's love and respect for the other parent. 7. This Order is entered pursuant to an agreement between the parties. The parties may modify the provisions of this Order by mutual agreement. In the absence of mutual agreement, the provisions of this Order shall control. Witness ' t 1 Pegan Day S'I'1?PHI?N D. DAY, Plaintiff VS. PECAN L. DAY, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL, ACTION - LAW NO. 96-220 CIVIL TERM IN CUSTODY PRAECIPE Please withdraw my appearance us counsel of record for the above-captioned Defendant. i Date: March 9, 1998T=' i James J. Kayer, Esquire i Please enter my appearance as counsel of record for the above-captioned Defendant. 44;t I Lw CI?s?IL? Date: A 1998 Ruby Weeks, Esquire "` -, -' ?_ ? ?., -- : ,; .:= .,_ n ;? ';:l C_: ?r? _ ' :I? cj STEPHEN D. DAY, Plaintiff V PEGAN L. DAY, Defendant IN RE: AGREEMENT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 96-0220 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this 24th day of July, 1998, this matter having been called for hearing, by agreement of the parties, as announced in open court and in their presence, it is ordered and directed that: 1) The father, Stephen D. Day, and the mother, Pegan L. Day, shall have shared legal and physical custody of Krista E. Day, born August 27, 1992, and Rebecca L. Day, born June 22, 1996. The parties shall have shared physical custody of the children on a biweekly basis, with the exchange of custody occurring on Friday evenings after the work day. 2) The party receiving custody of the children shall provide transportation for the exchange of custody. 3) Birthdays, holidays and vacation shall be alternated or shared as the parties shall agree, depending upon their respective work schedules. 4) If the parties cannot agree on a holiday schedule, the holidays shall be alternated as follows: a) In odd-numbered years, the mother shall have custody on Easter, July 4th and Thanksgiving, from 8:00 a.m. until 7:00 p.m. And the father shall have custody on New Year's Day, Memorial Day and Labor Day, from 8:00 a.m. until 7:00 p.m. .-A as gut, zi r„? 9: ?e f,EJ ,: rL 96-0220 CIVIL TERM b) In even-numbered years, the father shall have custody on Easter, July 4th and Thanksgiving, from 8:00 a.m. until 7:00 p.m. And the mother shall have custody on New Year's Day, Memorial Day and Labor Day, from 8:00 a.m. until 7:00 P.M. c) The parties shall alternate Christmas as follows: In odd-numbered years, the father shall have custody of the children from 7:00 p.m. Christmas Eve until 7:00 p.m. Christmas Day. In even-numbered years, the mother shall have custody of the children from 7:00 p.m. Christmas Eve until 7:00 p.m. Christmas Day. d) The mother shall have physical custody of the children from 8:00 a.m. until 7:00 p.m. on Mother's Day; and the father shall have physical custody of the children from 8:00 a.m. until 7:00 p.m. on Father's Day. 5) Neither parent shall do or say anything which may estrange the children from the other parent, injure the opinion of the children as to the other parent or hamper the free and natural development of the children's love and respect for the other parent. 6) The father shall have custody of the children from Friday, August 14, 1998, at 7:00 p.m., until Saturday, August 15, 1998, at 9:00 p.m., so that the children can attend the father's wedding. The mother shall be entitled to have a makeup period of custody from Friday at 7:00 p.m. until the following Saturday at 9:00 p.m. during the father's period of custody immediately following the wedding. 7) In the event that either party requires care for the children during his or her periods of regular custody, 96-0220 CIVIL TERM for an overnight period or longer, that party shall first contact the other party to provide an opportunity with the non-custodial parent to provide care prior to contacting third-party caregivers. 8) Both parties shall ensure that the children have separate sleeping accommodations and do not sleep in the same room with an unrelated adult. 9) Both parties shall ensure that the children are not exposed to cigarette smoke in their residence at anytime and at other residences or public places for an extended period of time. 10) The parties shall notify each other in advance of any medical or dental appointments scheduled for the children and, if that party is not able to personally accompany the children to the appointment, that party shall provide the other parent an opportunity to take the children to the appointment before making arrangements with third parties. 11) Both parties shall have liberal and reasonable telephone contact with the children when the children are in the custody of the other party. 12) The children, until further order of court or further agreement between the parties, shall attend Newville Elementary School. Further, the parties shall jointly select a daycare provider. Each party shall make payment arrangements with the daycare provider for their period of custody. The daycare provider selected shall be within the transportation area of the Newville Elementary School. 96-0220 CIVIL TERM By the Court, Kev n: . Hess, J. Ron Turo, Esquire For the Plaintiff Ruby D. Weeks, Esquire For the Defendant :bg STEPHEN D. DAY, PLEAS OF PENNSYLVANIA v. PEGAN L. DAY, Plaintiff Defendant COMMONWEALTH OF PENNSYLVANIA as COUNTY OF CUMBERLAND IN THE COURT OF COMMON CUMBERLAND COUNTY, CIVIL ACTION - LAW NO. 96-220 CIVIL TERM IN CUSTODY I, RUBY D. WEEKS, ESQUIRE, being duly sworn according to law, depose and say that a true and correct copy of Defendant Mother's Petition for Special Relief in Accordance with Pa. R.C.P. 1920.33(b), was served on Ron Turo, Esquire, attorney for Stephen D. Day, at 32 South Bedford Street, Carlisle, PA 17013, by mailing the same to him by first class mail, postage paid, on August 26, 1998. Ruby D. We ks, Esquire Sworn and Subscr'd to be re this day of , 1998. Notary Public NoWnat£est PuWfC Carol A. RNdeno?u;h, Notary yy Cad?slo Boro. GumcoogrlJun 28. 1499 M'? Ccmm?s?:mn E. P dN? dye, P.nmS.N?niaAs:??[iunar " ,.:? ,. ? : = ;=, ?. ?; r .-. , _._ STEPHEN D. DAY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 96-220 CIVIL TERM PEGAN L. DAY, : CwIL ACTION - LAW Defendant : IN CUSTODY AND NOW, this k- day of February, 1999, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Esq., the Conciliator, at 1 vvlv-'? c on the q day of March, 1999, at 00 .M., for a Pre-Hearing Cust y 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. FOR THE COURT, By: " Custody Conciliator 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. 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 LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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, PA 17013 (717) 249-3166 99 FFR 1 7 PSI 12: 55 CU r; !irG: i : J r" ;N11Y 41 siIds i le STEPHEN D. DAY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.96-220 CIVIL TERM PEGAN L. DAY, : CIVIL ACTION - LAW Defendant : IN CUSTODY PETITION FOR CUSTODY 1. Stephen D. Day, Plaintiff, is the natural father of Krista E. Day, born August 27, 1992 and Rebecca L. Day, born June 22, 1996, who are the subjects of the above captioned Order, 2. Pagan L. Day, Defendant, is the natural mother of the children referenced above. 3. On July 24, 1998, after hearing, the parties reached an agreement, which was entered into as an Order of Court outlining the custody arrangement between the parties. A copy of the Court Order is attached hereto and made a part hereof. 4. Since the time of the Court Order the Plaintiff has been the primary caregiver in terms of school, medical, and other matters. 5. The shared arrangement on a bi-weekly basis is not working for the children and consequently the Court should now grant the Plaintiff primary physical custody with reasonable visitation in the Defendant mother. WHEREFORE, for all the above reasons, the Plaintiff, Stephen D. Day, requests this Court to hold a hearing and, after hearing, grant him primary physical custody. Respectfully Submitted 319- 1?7- Date TURO LAW OFFICES Ron Turo, Esquire 32 South Bedford Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff I hereby certify that I served a true and correct copy of the Petition for Custody upon Ruby D. Weeks, Esquire, by depositing same in the United States Mail, first class, postage pre-paid on the 10+4 day of February, 1999, from Carlisle, Pennsylvania, addressed as follows: Ruby D. Weeks, Esquire 10 West High Street Carlisle, PA 17013 TURO LAW OFFICES 1AI-167 R6fi Turo, Esquire 32 South Bedford Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff STEPHEN D. DAY, Plaintiff V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 96-0220 CIVIL TERM PEGAN L. DAY, IN CUSTODY Defendant IN RE: AGREEMENT ORDER OF COURT AND NOW, this 24th day of July, 1998, this matter having been called for hearing, by agreement of the parties, as announced in open court and in their presence, it is ordered and directed that: 1) The father, Stephen D. Day, and the mother, Pegan L. Day, shall have shared legal and physical custody of Krista E. Day, barn August 27, 1992, and Rebecca L. Day, born June 22, 1996. The parties shall have shared physical custody of the children on a biweekly basis, with the exchange of custody occurring on Friday evenings after the work day. 2) The party receiving custody of the children shall provide transportation for the exchange of custody. 3) Birthdays, holidays and vacation shall be alternated or shared as the parties shall agree, depending upon their respective work schedules. 4) If the parties cannot agree on a holiday schedule, the holidays shall be alternated as follows: a) In odd-numbered years, the mother shall have custody on Easter, July 4th and Thanksgiving, from 8:00 a.m. until 7:00 p.m. And the father shall have custody on New Year's Day, Memorial Day and Labor Day, from 8:00 a.m. until 7:00 P.M. 96-0220 CIVIL TERM b) In even-numbered years, the father shall have custody on Easter, July 4th and Thanksgiving, from 8:00 a.m. until 7:00 p.m. And the mother shall have custody on New Year's Day, Memorial Day and Labor Day, from 8:00 a.m. until 7:00 p.m. c) The parties shall alternate Christmas as follows: In odd-numbered years, the father shall have custody of the children from 7:00 p.m. Christmas Eve until 7:00 P.M. Christmas Day. In even-numbered years, the mother shall have custody of the children from 7:00 p.m. Christmas Eve until 7:00 p.m. Christmas Day. d) The mother shall have physical custody of the children from 8:00 a.m. until 7:00 p.m. on Mother's Day; and the father shall have physical custody of the children from 8:00 a.m. until 7:00 p.m. on Father's Day. 5) Neither parent shall do or say anything which may estrange the children from the other parent, injure the opinion of the children as to the other parent or hamper the free and natural development of the children's love and respect for the other parent. 6) The father shall have custody of the children from Friday, August 14, 1998, at 7:00 p.m., until Saturday, August 15, 1998, at 9:00 p.m., so that the children can attend the father's wedding. The mother shall be entitled to have a makeup period of custody from Friday at 7:00 p.m. until the following Saturday at 9:00 p.m. during the father's period of custody immediately following the wedding. 7) In the event that either party requires care for the children during his or her periods of regular custody, 96-0220 CIVIL TERM for an overnight period or longer, that party shall first contact the other party to provide an opportunity with the non-custodial parent to provide care prior to contacting third-party caregivers. 8) Both parties shall ensure that the children have separate sleeping accommodations and do not sleep in the same room with an unrelated adult. 9) Both parties shall ensure that the children are not exposed to cigarette smoke in their residence at anytime and at other residences or public places for an extended period of time. 10) The parties shall notify each other in advance of any medical or dental appointments scheduled for the children and, if that party is not able to personally accompany the children to the appointment, that party shall provide the other parent an opportunity to take the children to the appointment before making arrangements with third parties. 11) Both parties shall have liberal and reasonable telephone contact with the children when the children are in the custody of the other party. 12) The children, until further order of court or further agreement between the parties, shall attend Newville Elementary School. Further, the parties shall jointly select a daycare provider. Each party shall make payment arrangements with the daycare provider for their period of custody. The daycare provider selected shall be within the transportation area of the Newvilie Elementary School. 95-0220 CIVIL TERM By the Court, Kevin Hess, J. Ron Tura, Esquire For the Plaintiff Ruby D. Weeks, Esquire For the Defendant :bg TRU° Copy ,SCM and tha scam Jr .a:d Cour, aat :ar`.rla, Pa. This ... r1.'7 ;0 day of ... .. .. , 19........ . Prothonotary Y lGl (? f r ? U C? !_ (: ?. i 1. L L ? 1_, , (' ' ?' U? STEPHEN D. DAY, Plaintiff vs. PECAN L. DAY, Defendant . IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-220 CIVIL TERM s CIVIL ACTION - LAW CUSTODY ORDER OF COURT , 1999, upon AND NNW, this '/,/ day of / , -? 1Y ' /I I consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. of the ?,, , Cumberland County Court House on the day of 1999, at `!• o'clock m., at which time testimony willbe taken. For purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth each party's position with respect to custody, a list of witnesses who are expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. Pending further order of Court or agreement of the parties, the prior Order of this Court dated July 24, 1998 shall continue in effect. 3. The party who is receiving custody of the Child shall be responsible to provide transportation for the exchange of custody. cc: Ron Turo, Esquire - Counsel for Father /Y11t lCc?. Ruby D. Weeks, Esquire - Counsel for Mother J BY THE COURT, rlJ ?yt.-. ?? 0;' ?l? X17 i ?? STEPHEN D. DAY, Plaintiff Vs. PECAN L. DAY, Defendant PRIOR JUDGE= Ravin A. Bees IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-220 CIVIL TERM CIVIL ACTION - LAW CUSTODY CUSTODY OCNCILIATICN SUMMARY REPORT IN ACCORDANCE WrrH CUMBERLAND COLD= RULE OF CML PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: MAKE DATE OF BIRTH CURRPM'LY IN CUSTODY OF Krista E. Day August 27, 1992 Mother,/Father Rebecca L. Day June 22, 1996 Mother/Father 2. A Conciliation Conference was held on March 9, 1999, with the following individuals in attendance: The Father, Stephen D. Day, with his counsel, Ron Turo, Esquire, and the Mother, Pegan L. Day, who appeared at the Conference without her legal counsel, Ruby Weeks, Esquire. 3. This Court has entered several prior orders in this matter. Under the existing order dated July 24, 1998, the parties have shared legal and physical custody on a bi-weekly basis. This case had been scheduled for Hearing on two previous occasions but the parties were able to reach an agreement both times. The Father filed this Petition for Modification seeking primary physical custody of the Children. The parties were not able to reach an agreement on primary custody and therefore it will be necessary to schedule another Hearing. 4. The Father's position on custody is as follows: The Father believes it would be in the Children's best interest if they were to reside primarily with him. One of the Father's main concerns is stability for the Children. The Father is now remarried and believes that a two parent household would be beneficial to the Children. According to the Father, the shared custody arrangement under which the parties have been working for the last three years, has resulted in problems with regard to scheduling and transportation for dental and medical appointments. Finally, the Father expressed numerous concerns with respect to the care received by the Children while in their Mother's custody. 5. The Mother's position on custody is as follows: The Mother opposes the Father's request for primary custody because she believes it is in the Children's best interest to continue the shared custody arrangement which the parties have had over the last three years. The Mother continues to believe that the Children are doing well under the bi-weekly schedule and sees no reason to change the status quo. 6. The Conciliator recommends an order in the form as attached scheduling a Hearing in this matter and adding a provision to the existing Custody order at the request of the parties concerning responsibility for transportation. It is expected that the Hearing will require one day. 6 fr 1( Lk lU J'lfi r1'4 Date Dawn S. Sunday, Esquire Custody Conciliator H ` N L1 f? A y a y U w ari U la H N '4 8 ? o ? w ,?`J-,h 1 5 ?yy.?? STEPHEN D. DAY, : IN THE COURT OF COMMON PLEAS PIWntiR : OF CUMBERLAND COUNTY, PENNSYLVANIA ra : CIVIL ACTION • LAW : NO. 96-220 CIVIL TERM PEGAN L. DAY, Defeadanl IN CUSTODY AND NOW, this 7# day of Mi.. '99P upon consideration of the within motion of Ruby D. Weeks, Esquire, the within motion to withdraw from counsel for Pegan L. Day, Defendant is granted. By,. the Court, ?y (J) cc: Pegan L. Day Ron Turo, Esquire Ctl ee JU S k" '?Y { ccf" Clb uJi STEPHEN D. DAY, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW : NO. 96-220 CIVIL TERM PEGAN L. DAY, Defendant IN CUSTODY AND NOW CAB, Ruby D. Weeks, Esquire, hereinafter referred to as attorney for the Defendant, Pegan L. Day, who moves this Court to grant her motion to withdraw as counsel and in support thereof respectfully represents the following: 1. On April 1, 1998, the client contracted with Ruby D. Weeks, Esquire to represent her in custody actions. 2. On June 18, 1999 there is a custody hearing scheduled, the Defendant has requested Ruby D. Weeks, Esquire, not attend on her behalf. The client has failed to respond to letters or phone calls from her attorney, Ruby D. Weeks, Esquire concerning these matters and has an outstanding balance of $1,559.22 in attorney fees; therefore, the attorney-client relationship has entirely broken down. 3. Continued representation by Ruby D. Weeks, Esquire is impossible under the circumstances. 4. Ruby D. Weeks, Esquire seeks to withdraw as counsel of record for the client. 5. Plaintiff and opposing counsel have been advised of the filing of this Motion. WHzatfow Ruby D. Weeks, Esquire prays this Honorable Court to grant her motion to withdraw as counsel in the above captioned matter. Respectfully submitted, Ruby D. Weeks, Esquire Ruby D. Weeks, Esquire 10 West High Street Carlisle, Pa 17013 (717) 243-1294 Attorney for Pegan L. Day/Defendant cc: Pegan L. Day Ron Turo, Esquire I verify that the statements made in the attached pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. S 4904, relating to unsworn falsification to authorities. Ruby D. eeks, Esquire Date: .`5 - / - / 1) f I { i Rr b 1 w O 0 N m b A & N Mq?a 1 ?pN N n1 fl?.?r lU N 1 1 ' N :min - .J 'D STEPEEA D. DAY, t IN TEE COURT OF COMMON PLEA/ OF Plaintiff CUMEERLAND COUNTY, PENNSYLVANIA t ?. t CIVIL ACTION - LAN t NO. 96-220 CIVIL TERM PROM L. DAY, t Defendant I IN CUSTODY AFFIDAVIT OF SERVICE BY HAIL PURSUANT TO PA A.C.P. 1920.4 (a) (1) (ii) COMMONWEALTH OF PENNSYLVANIA . ss COUNTY OF CUMBERLAND I, RUBY D. WEEKS, ESQUIRE, being duly sworn according to law, depose and say that a true and correct copy of Attorney Weeks' Motion to Withdraw as Counsel in Accordance with Pa. R.C.P. 1920.33(b), was served on Pegan L. Day, at 470 Pine Grove Road, Gardners, PA 17324-8819, by mailing the same to her by certified mail number Z 013 333 973, postage paid, on May 6, 1999. Service was accepted on May 8, 1999 and on Ron Turo, Esquire, attorney for Stephen D. Day, at 32 South Bedford Street, Carlisle, PA 17013, by mailing the same to him by certified mail number Z 013 333 971, postage paid, on May 6, 1999. Service was accepted on May 7, 1999. Ruby D. Seeks, Esquire Sworn and Subscril@gd to before me this _JLLLL day o , 1999. i r6 17 112 tl,? l . Notary Public Cwd Naomi A. SOW twy PLtwty? ?acn, nand noun 99 d2S, 1 GCEzP no Ndadee SOM, A SENDER: I receive the wish I also . C.n w own, r u w I br .d010oi.1 writ.. rvices (tor an "micas following . Cm.pNl.1193 J. b, and rs. • Pnre PAM nwn..ra aW,... w n. n w m ws lean w trot " nn r.Wm eu. extra too) '. 4N WgIO.rtn w d m. mWyNC.. IX on it • cam d?. Ir?nt e+. b.cx w+r:. dow rcx t C1 . Addressee's Address p?"'M- amcN1 riu i1P ENOM x N RW? ewrit. me ? Z ? Restricted Delivery Wo . w W. W .rx w *Nxn T. un • .rid eM J.w !h. 14"M "M A Rw.yl dwv .d N NO Consult postmaster for tee. d.NYNN 3. AroGe Addreesad W: ea. Amide N umber 'J tf / l L t JH?-' 1 IC?C'?t 4b. Sam" Type ''' ` Ll?C r p?i Nom. ? v ?, v ?. ??y,,/// ? Registered Acertified C?a?iJ1-E HST ?f} ?1y ?6I?? ? Express Mail ? Insured ?RNYnRscspttaMedsndw ?COD 7. ete of Delivery 1J-7 S. Received By: (Prbtl Name) U. A r 's Addrs" (Only it requested 41 ind al 0. Signal , 1 KAI FS Form 38j 'j, Decamba IM Domestic Retum Receipt m r- 07 m° M m y m r rl 08 C3 y a i r m pp.. m l0 m? m? mm CI rl mm ? m m ?p ? ' O "' n; ri ri ? .? w . ! ri H .a LL I M U I I I ? J ? I U j I } F- ?I J cn t- yr t- ,'! rt ?„? ? r I b +k [ l 'J ? I . i ? 1 1 G p I 1 I .?i ?. I SENDER: - - I also With to (active the •Cmat«. !«aa t abar ror rfr«rW rrvkee Coil~ 4nr 3, 4, &.4 b •. following services (tor an •P*A b u,neviM«1Qw{YW UIIh1V«N ad Ive form r ewe we can I oN "us fl • • i ? a Milan iN lrm a tM rtrp at to mWpNN. cr tin er OrY 1 150010 00114 M a a 1. ? Addressee a Address 1 ml •n.nxn w R m. m w below Rr .Aso numo«. e 2. ? Restricted Delivery Me &V;* M" a W wtw n w nr w NcW «q we rww Yu teals wr Jrv« b r,a ar G«s Consult potimaster for fee. O d. aw.«w 3. Article Addeeeed 4: K Article N umber ''.CI r 4 t l l 4b. Service Type 1 ? Registered big d f ?i 1 1 , ?' 1 I i • I ' ? Ewe" Meg Insured ? Ream Rel* for Merdurdles ? COD 7. Dale of Delivery 0. Received By. (Print Name) B. Add(aasee r (On it request and fee if Pale) 0. I . (Addressee or?NntJ F 3811. December 1994 t+ Domestic Return Receipt m fli m m d m V .e C3 7O.ZO rv ? Sdg? "'j ?- s 9 T F $ r 8 ?1} ? ,}]y? n ? 8 yE Ear O _ ¢3 dd SML NOV 009S =03 sd ! ' ? m m M I ? ? m '?j OJ CI C't I m m {? CV ti r1 M EI MM I '.06] M L H ti I ? I i i , ? -t Turo Law Offices RON TURD. Esquire ROBERT J MULDERIG, Esquire LISA M GREASON, Esquire DAVID A GREENE, Esquire July 29, 1999 The Honorable Kevin A. Hess Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 RE: Day v. Day No. 92-220 Civil Term In Custody Dear Judge Hess: 32 South Bsdford Street Carlisle, Pennsylvania 17013 (717) 245-9688 800 562.9778 Fax(717)245-2165 The above-captioned case had been scheduled before you for a hearing on June 18, 1999. The parties agreed to continue the case in the hopes that certain issues concerning residency could be resolved. Specifically Pagan Day, the mother, was attempting to move into the Big Spring School District in order to resolve certain babysitting and travel issues. Unfortunately, Ms. Day has indicated that she is unable to move into the District and therefore a hearing will be necessary. We will anticipate needing a half day for a custody hearing at the earliest possible time, hopefully before the beginning of school if your schedule would allow. On behalf of both Ken Lowis, Esquire and myself we ask that you reschedule this matter promptly as Pre-Trial Memos have already been filed and we will be in a position to move forward at your direction. RT/kad cc: Ken Lewis, Esquire Siricer y Yours ; ROO TURD, ESQUIRE Turp Lawa@aol.com I i STEPHEN D. DAY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 96-220 CIVIL. CIVIL ACTION -- LAW PECAN L. DAY, Defendant IN CUS'T'ODY Q= ill AND NOW, this /L' day of August, 1999, heuring in the above captioned matter is set for Monday. September 13, 1999, at 1:30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY] I If: COI IR 1'. Ron Turo, Esquire For the Plaintiff Kenneth F. Lewis, Esquire For the Defendant t -- -10? 141- keviiy" . Hess, ?. ., C o 1P. Arn 99 41IG / 6 p?• .1: 4 Ci/af,= STEPtIEN D. DAY, Plaintiff vs. PEGAN L. DAY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 96-220 CIVIL CIVIL ACTION - LAW IN CUSTODY ORDER AND NOW, this 314 day of August, 1999, hearing in the above captioned matter set for Monday, September 13, 1999, is continued to Thursday, September 30, 1999, at 1:30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Ron Turo, Esquire For the Plaintiff ( INX('tacl m4u. Kenneth F. Lewis, Esquire L'AN') For the Defendant Am cn rn t.. v, 4J i i .- J ?I _ L.: icy CT C) STEPHEN D. DAY, Plaintiff PEGAN L. DAY, v. Defendant TO THE PROTHONOTARY: . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-220 CIVIL TERM CUSTODY Please enter my appearance on behalf of the Defendant in the above matter. DATE: 6/l/99 KENNETH F. LEWIS, ESQUIRE I.D. #69383 1101 N. Front St. Harrisburg, PA 17102 (717) 234-3136 I CNJ I U., -' t (A r a) u STEPHEN D. DAY, IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 96-220 CIVIL TERM PECAN L. DAY, : CIVIL ACTION - LAW Defendant : IN CUSTODY AND NOW, this Zy• day of September, 1999, after presentation of the attached Custody Stipulation, the Stipulation is hereby made an Order of Court. r? BY THE COURT, I STEPHEN D. DAY, IN THE COURT OF COMMON PLEAS OF Plaintiff s CUMBERLAND COUNTY, PENNSYLVANIA PEGAN L. DAY, V. Defendant s s NO. 96-220 CIVIL TERM CUSTODY AND NOW, this )(/f day of September, 1999, STEPHEN D. DAY ("Father") and PEGANL.L:. DAY ("Mother") stipulate to the following provisions being made an Order of Court: 1. The parties shall share legal custody of their children, KRISTA E. DAY, born August 27, 1992 and REBECCA L. DAY, born June 22, 1996 , with both having the right to make major parenting decisions affecting the children's health, education and welfare. 2. Physical custody of the children shall be divided between the parties as follows: A. During the Schoolyears i. The parties' children shall reside with Father, subject to partial periods of physical custody as mentioned below. ii. Mother shall have the children two consecutive weekends, followed by Father having the children the following weekend. The weekend shall be defined as Friday at 6:00 p.m. until Sunday at 6:00 p.m. This two-to-one weekend ratio shall begin with Mother's visitation on the weekend of October 1-3, 1999. iii. Mother shall have the children from 6:00 p.m. until 8:00 p.m. each Wednesday that she does not have the children the upcoming weekend. Notwithstanding Paragraph 5 below ("Transportation"), Mother shall be responsible for picking up and returning the children to Father. iv. THANKSGIVING: In odd-numbered years, Mother shall have the children the Friday following Thanksgiving from 10:00 a.m. until 7:00 p.m. In even-numbered years, Mother shall have the children Thanksgiving Day from 10:00 a.m. until 7:00 p.m. V. CHRISTMASs In odd-numbered years, Father shall have the children December 24th at 4:00 p.m. until December 25th at 4:00 p.m and Mother shall have the children December 25th from 4:00 p.m. until December 26th at 4:00 p.m. In even-numbered years, Mother shall have the children December 24th at 4:00 p.m. until December 25th at 4:00 p.m and Father shall have the children December 25th from 4:00 p.m. until December 26th at 4:00 p.m. vi. NEW-YEARS: In odd-numbered years, Mother shall the children on December 31st from 10:00 a.m. until January let at 10:00 a.m. In even-numbered years, Mother shall have the children from January let at 10:00 a.m. until January 2nd at 10:00 a.m. Vii?? W NTER SCHOOL UREAK: in aaaltion to the anove, Mother shall have t" (4) consecutive days with the children over the Christmas/Winter break from school. In the event the parties cannot agree as to these days, they shall be December 27th through December 30th. viii. SPRING SCHOOL BREAK: Subject to Paragraph 3b below (alternating Easter), Mother shall have the children during Spring Break from school. B. During the summer break: i. The parties' children shall reside with Mother, subject to partial periods of physical custody as mentioned below. The summer break shall begin the first Monday following the end of school and shall end one week before the start of school. ii. Paragraph Ali shall be reversed with Father having the children on weekends in a two-to-one ratio. iii. Father shall have the children from 6:00 p.m. until 8:00 p.m. each Wednesday that he does not have the children the upcoming weekend. Notwithstanding Paragraph 5 below ("Transportation"), Father shall be responsible for picking up and returning the children to Mother. iv. Each party shall be permitted to have two weeks (consecutive or non-consecutive) uninterrupted vacation with the children. Each party shall notify the other in writing by May let of each year as to the two weeks to be used. Should Father's or Mother's vacation period encompass the other party's weekend with the children, that other party shall have the children on the vacationing party's next regularly-scheduled weekend following the vacation period. 2 3. HOLIDAYS/BIRTHDAYS: a) Father shall have custody of the children each Father's Day from 8:00 a.m.. until 7:00 p.m. Mother shall have custody each Mother's Day from 8:00 a.m. until 7:00 p.m. The non-custodial parent shall have two hours with both children on each of the children's birthdays and shall give at least one week's notice to the other parent of the two hours to be used. b) EASTER: Father shall have the children in odd-numbered years from 8:00 a.m. until 7:00 p.m. Mother shall have the children in even-numbered years from 8:00 a.m. until 7:00 p.m. c) The holiday/birthday provisions above shall take priority over any other paragraphs of this Agreement. 4. TELEPHONE: The parties shall not interfere with the children's rights to receive, initiate, or conduct reasonable telephone communications with the other parent, nor shall they permit anyone else to do so. If the children are not home and a telephone message is left by the other parent, the custodial parent shall have the children return the call with reasonable promptness, but in any event, within 24 hours from the time of the call. 5. TRANSPORTATION: The parties shall evenly divide the transportation duties with the party that is receiving the children to provide transportation. Unless otherwise agreed upon by the parties or absent exigent circumstances, the place of pick-tip shall be the parties' respective homes. The party being relieved of custody shall ensure the children are appropriately dressed for the weather. ILLNESS/INJURY: a. The parent having physical custody of the children shall have the duty to immediately advise the other parent of any unusual occurrence, illness or accident (other than e.g. minor cold, minor injury). b. The parties shall notify each other in advance of any medical or dental appointments scheduled for the children and, if that party is not able to personally accompany the children to tha appointment, that party shall provide the other parent an opportunity to take the children to the appointment before making arrangements with third parties. Moreover, the parents shall consult each other before scheduling any such appointments. C. Absent agreement of the parties or exigent circumstances, the children shall continue to use the same doctor's and dentist's offices. d. Both parties must be listed as the primary emergency contacts at any schools, hospitals, doctor's offices and on any other form requiring emergency contacts. S. The children's home residence shall be listed as Father's residence with regard to schools, hospitals, doctor's offices and on any other form requiring a home residence to ensure continuity regarding the children's records. Father shall have the duty to promptly provide Mother with copies of such records, including notification of all special school activities). 7. RIGHT OF FIRST REFUSAL: During each party's period of custody, should that party be unable to personally care for the children, that party shall first contact the other party to provide an opportunity for that other party to provide care prior to contacting third-party caregivers. This provision shall apply to the following situations: a) for any overnight period or longer; and b) where the children have special events scheduled (i.e. skating parties, birthday parties). 8. SLEEPING ARRANGEMENTS: The children shall not sleep in the same room with an unrelated adult. 9. TOBACCO/ALCOHOL: The parties shall not smoke any tobacco product nor use alcohol while caring for the children. The parties shall not permit others to smoke in the children's presence and shall ensure that the children are not exposed to smoke in public places for an extended period of time. 10. Mother shall not permit Krista E. Day to have physical contact with Tyler Mellott until such time as a) a licensed counselor or psychologist notifies both parties that this contact should be permitted, b) it is permitted by further Order of Court; or c) by consent of the parties. 4 11. 8CROOL: The children shall attend Newville Elementary School in the Big Spring School District until further Order of Court, absence written agreement of the parties to the contrary. 12. Each party shall keep the other informed as to their current addresses and telephone numbers. Moreover, the custodial parent shall notify the other parent when the children will be taken on a vacation or trip for more than two (2) days and shall provide the other parent with the destination and telephone number where the children will be staying. 13. Each party shall cooperate with the other to the maximum extent possible to assure that the best interests and welfare of the children. The welfare and convenience of the children shall be the prime consideration of the parties. Neither party shall do or say anything which may estrange the children from the other parent or other siblings the natural mother or father may have, injure the opinion of the children as to the other parent or other siblings or hamper the free and natural development of the children's love and respect for the other parent, nor shall the parties permit any third party to do so. 14. Nothing in the Order which will be entered pursuant to this Stipulation prevents the parties from mutually reaching agreements which supplement or even contradict the provisions of this agreement. In the absence of such a mutual agreement, the above provisions, which shall be entered as an Order of Court, shall control. 15. Mother will continue to claim Rebecca and Father will continue to claim Krista as tax exemptions on all tax returns. RONbTORO, ESQ. counsel for Father y lk' K NNETH LEWIS, ESQ. counsel for Mother PEG L. DAY i 5 S I HM EN D. DAY IN I IIE. ( (W R I 1 H (AIM( );4 VI I.A.S (A. PLAINTIFF (A NIHI Rt.:\\I)('()[ "YfY,PI-.NNSYLVANIA 96-220 CIVIL AC I ION LAW PE6AN L. DAY IN t'l'S f01)Y' DEFENDANT ORDER OF' CO AND ,NOW, Wednesday, March 10, 2004 upon con,tderauon of the attached Complaint, it is hcreny directed that parties and their respective counsel appear hefire Dawn S. Sunday, Esq. the conciliator at 39 West Main Street, Alechanicsburq, PA .17015 on Thursday, April 08, 2004 at 9:30 AM fir a Pre-Hearing Custody Conference. At such conference. an effort will he made to resolve the issues in dispute: or if this cannot be accomplished. to define and narrow the issues w he heard by the court, and to enter into a temporary order. All children axe 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: C'OUR 1. 13y: /s/ -_-Dawn.S, Snrcday.ES¢,-J custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1791). For information about accessible facilitic3 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 YO( !R ATTORNEY AT ONCE.. IF YOU DO NOT I IAVE AN A170RNEY OR CANNOT AFFORD ONF" GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT W11FRE YOU CAN GL'T 1+6AI. HELP. Cumberland County liar Association 32 South Hedfiu•d Street Carlisle. Pennsylvania 17013 Telephone (717) 249-3166 - ir-?_ 3 ?/p Oy ?'? ?z <? A STEPHEN D. DAY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V, : NO. 96-220 CIVIL TERM PEGAN L. DAY, : CIVIL ACTION - LAW Defendant : IN CUSTODY ORDER OF COURT AND NOW, this day of March, 2004, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before , Esq., the Conciliator, at! on the day of 2004, at .M., 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. FOR THE COURT, By: Custody Conciliator 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. All arrangements must be made at least 72 hours prior to any hearing or business before the Ccurt. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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 S. Bedford St. Carlisle, PA 17013 (717) 249-3166 STEPHEN D. DAY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 96-220 CIVIL TERM PEGAN L. DAY, : CIVIL ACTION - LAW Defendant : IN CUSTODY PETITION FOR MODIFICATION OF A CUSTODY ORDER 1. Stephen D. Day, Plaintiff, is the natural father of Krista E. Day, born August 27, 1992 and Rebecca L. Day, born June 22, 1996, who are the subjects of the above captioned Order. 2. Pegan L. Day, Defendant, is the natural mother of the children referenced above. 3 On September 29, 1999, a custody order was entered in the above caption case pursuant to a stipulation of the parties. A copy of said order and stipulation is attached hereto and incorporated herein as exhibit A. 4. Since the time of the Court Order, the children have reached an age whereby they participate in school extracurricular activities and sports. 5. Plaintiff desires that a new paragraph be added to the order be added to reflect the changed circumstances. 6. Said new paragraph shall read: "16. The custodial parent shall ensure that the children shall attend any scheduled extracurricular or sports activities that the children are involved in during his/her period of custody. If the custodial parent is unable for any reason to transport the children to the activity, then the custodial parent shall contact the non-custodial parent to see if he/she is able to provide transportation." WHEREFORE, for all the above reasons, the Plaintiff, Stephen D. Day, requests this Court to refer this case to a custody conciliator. Date Respectfully Submitted TURD LAW OFFICES ?. ; z - 4?- O&A Robe J. Mulderig, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff STEPHEN D. DAY, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 98-220 CIVIL TERM PEOAN L. DAY, : CIVIL ACTION - LAW Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 29' day of September, 1999, after presentation of the attached Custody Stipulation, the Stipulation is hereby made an Order of Court. EXHIBIT (I A I BY THE COURT, STEPHEN D. DAY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA PEGAN L. DAY, V. Defendant NO. 96-220 CIVIL TERM : CUSTODY ANDNOW, this 4day of September, 1999, STEPHEN D. DAY (??Father??) and PECAN L. DAY ("Mother") stipulate to the following provisions being made an Order of Court: 1. The parties shall share legal custody of their children, KPJSTA E. DAY, born August 27, 1992 and REBECCA L. DAY, born June 22, 1996 , with both having the right to make major parenting decisions affecting the children's health, education and welfare. 2. Physical custody of the children shall be divided between the parties as follows: A. During the Schoolyear: i. The parties' children shall reside with Father, subject to partial periods of physical custody as mentioned below. ii. Mother shall t children followed by Father having the children t the consecutive weekend. The weekend shall be defined as Friday at 6:00 p.m. until Sunday at 6:00 p.m. This two-to-one weekend ratio shall begin with Mother's visitation on the weekend of October 1-3, 1999. shall iii. Mother have the children from 6:00 p.m. until 8:00 p.m. each Wednesday that she does not have the children the upcoming weekend. Notwithstanding Paragraph 5 below ("Transportation"), Mother shall be responsible for picking up and returning the children to Father. . T: In shall have the vchildrenK the IFriday foll wings Thanksgiving ofrom 10:00 a.m. until 7:00 p.m. In even-numbered years, Mother shall have the children Thanksgiving Day from 10:00 a.m. until 7:00 p.m. v. CHRISTMAS: In odd-numbered years, Father shall have the children December 24th at 4:00 p.m. until December 25th at 4:00 p.m and Mother shall have the children December 25th from 4:00 p.m. until December 26th at 4:00 p.m. In even-numbered years, Mother shall have the children December 24th at 4:00 p.m. until December 25th at 4:00 p.m and Father shall have the children December 25th from 4:00 p.m. until December 26th at 4:00 p.m. vi. NEW-YEARS: In odd-numbered years, Mother shall the children on December 31st from 10:00 a.m. until January let at 10:00 a.m. In even-numbered years, Mother shall have the children from January let at 10:00 a.m. until January 2nd at 10:00 a.m. rk P? -b.) 07- vii. W?NTER SCHOOL BREAK: In addition to the above, Mother shall have t" (4) consecutive days with the children over the Christmas/Winter break from school. In the event the parties cannot agree as to these days, they shall be December 27th through December 30th. viii. SPRING SCHOOL BREAK: Subject to Paragraph 3b below (alternating Easter), Mother shall have the children during Spring Break from school. H. During the summer break: i. The parties' children shall reside with Mother, subject to partial periods of physical custody as mentioned below. The summer break shall begin the first Monday following the end of school and shall end one week before the start of school. ii. Paragraph Aii shall be reversed with Father having the children on weekends in a two-to-one ratio. iii. Father shall have the children from 6:00 p.m. until 8:00 p.m. each Wednesday that he does not have the children the upcoming weekend. Notwithstanding Paragraph 5 below ("Transportation"), Father shall be responsible for picking up and returning the children to Mother. iv. Each party shall be permitted to have two weeks (consecutive or non-consecutive) uninterrupted vacation with the children. Each party shall notify the other In writing by May let of each year as to the two weeks to be used. Should Father's or Mother's vacation period encompass the other party's weekend with the children, that other party shall have the children on the vacationing party's next regularly-scheduled weekend following the vacation period. 2 . j.? - !- 3. HOLIDAYB/BIRTHDAYS: a) Father shall have custody of the children each father's Day from 8:00 a.m.. until 7:00 p.m. Mother shall have custody each Mother's Day from 8:00 a.m. until 7:00 p.m. The non-custodial parent shall have two hours with both children on each of the children's birthdays and shall give at least one week's notice to the other parent of the two hours to be used. b) EASTER: Father shall have the children in odd-numbered years from 8:00 a.m. until 7:00 p.m. Mother shall have the children in even-numbered years from 8:00 a.m. until 7:00 p.m. C) The holiday/birthday provisions above shall take priority over any other paragraphs of this Agreement. 4. TELEPHONE: The parties shall not interfere with the children's rights to receive, initiate, or conduct reasonable telephone communications with the other parent, nor shall they permit anyone else to do so. If the children are not home and a telephone message is left by the other parent, the custodial parent shall have the children return the call with reasonable promptness, but in any event, within 24 hours from the time of the call. 5. TRANSPORTATION: The parties shall evenly divide the transportation duties with the party that is receiving the children to provide transportation. Unless otherwise agreed upon by the parties or absent exigent circumstances, the place of pick-up shall be the parties' respective homes. The party being relieved of custody shall ensure the children are appropriately dressed for the weather. 6. ILLNESS/INJURY: a. The parent having physical custody of the children shall have the duty to immediately advise the other parent of any unusual occurrence, illness or accident (other than e.g. minor cold, minor injury). 3 b. The parties shall notify each other in advance of any medical or dental appointments scheduled for the children and, if that party is not able to personally accompany the children to the appointment, that party shall provide the other parent an opportunity to take the children to the appointment before making arrangements with third parties. Moreover, the parents shall consult each other before scheduling any such appointments. C. Absent agreement of the parties or exigent circumstances, the children shall continue to use the same doctor's and dentist's offices. d. Both parties must be listed as the primary emergency contacts at any schools, hospitals, doctor's offices and on any other form requiring emergency contacts. e. The children's home residence shall be listed as Father's residence with regard to schools, hospitals, doctor's offices and on any other form requiring a home residence to ensure continuity regarding the children's records. Father shall have the duty to promptly provide Mother with copies of such records, including notification of all special school activities). 7. RIGHT OF FIRST REFUSAL: During each party's period of custody, should that party be unable to personally care for the children, that party shall first contact the other party to provide an opportunity for that other party to provide care prior to contacting third-party caregivers. This provision shall apply to the following situations: a) for any overnight period or longer; and b) where the children have special events scheduled (i.e. skating parties, birthday parties). S. BLEEPING ARRANGEMENTS: The children shall not sleep in the same room with an unrelated adult. 9. TOBACCO/ALCOHOL: The parties shall not smoke any tobacco product nor use alcohol while caring for the children. The parties shall not permit others to smoke in the children's presence and shall ensure that the children are not exposed to smoke in public places for an extended period of time. 10. Mother shall not permit Krista E. Day to have physical contact with Tyler Mellott until such time as a) a licensed counselor or psychologist notifies both parties that this contact should be permitted, b) it is permitted by further Order of Court; or c) by consent of the parties. 4 11. 5CBOOL: The children shall attend Newville Elementary School in the Big Spring School District until further Order of Court, absence written agreement of the parties to the contrary. 12. Each party shall keep the other informed as to their current addresses and telephone numbers. Moreover, the custodial parent shall notify the other parent when the children will be taken on a vacation or trip for more than two (2) days and shall provide the other parent with the destination and telephone number where the children will be staying. 13. Each party shall cooperate with the other to the maximum extent possible to assure that the best interests and welfare of the children. The welfare and convenience of the children shall be the prime consideration of the parties. Neither party shall do or say anything which may estrange the children from the other parent or other siblings the natural mother or father may have, injure the opinion of the children as to the other parent or other siblings or hamper the free and natural development of the children's love and respect for the other parent, nor shall the parties permit any third party to do so. 14. Nothing in the Order which will be entered pursuant to this Stipulation prevents the parties from mutually reaching agreements which supplement or even contradict the provisions of this agreement. In the absence of such a mutual agreement, the above provisions, which shall be entered as an Order of court, shall control. 15. Mother will continue to claim Rebecca and Father will continue to claim Krista as tax exemptions on all tax returns. ,o RbN TtJRO, ESQ. counsel for Father -/b4l u? KENNETH LEWIS, ESQ. counsel for Mother puxv) PEGAff DAY' 5 VERIFICATION 1 verify that the statements made in the foregoing Petition for Modification of a Custody Order are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date STEPHEN D. DAY- CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Petition for; i Modification of a Custody order upon Kenneth Lewis, Esquire, and Pegan Day by, depositing same in the United States Mail, first class, postage pre-paid on the, day of March, 2004, from Carlisle, Pennsylvania, addressed as follows: Kenneth Lewis, Esquire 1101 North Front Street Harrisburg, PA 17102 Pegan Day 470 Pine Grove Road Gardners, PA 17324 TURD LAW OFFICES Robert J ulderig, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff ? in ? ?_ 1 .: W . - 1? ? LI1 w= ?t It= F'' .''._? [? • u. 0 r U .? ICJ ?\Y V ?? APR ? ?004 STEPHEN D. DAY Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. PEGAN L. DAY Dcfendant 96-220 CIVIL ACTION LAW IN CUSTODY ORDER AND NOW, this 6T° day of April , 2004 the conciliator, being advised by counsel that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction. The Custody Conciliation Conference scheduled April 8, 2004 is cancelled. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator ?: _. •, .. -v ?J STEPHEN D. DAY, Plaintiff V. PEGAN L. DAY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-220 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER AND NOW this 2 day of Air 2004, after presentation of the Ii attached Custody Stipulation, this Stipulation is hereby made an Order of Court. By The ourt, Kevi . Hess . 0 a oa. i ILEI}Q,ri,i r_ 2004 AN !7 P;1 3; 30 STEPHEN D. DAY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 96-220 CIVIL TERM PEGAN L. DAY, : CIVIL ACTION - LAW Defendant ; IN CUSTODY PETITION TO MAKE A STIPULATION AN ORDER OF COURT 1. On March 4, 2004 a Petition for Modification of a Custody Order was filed in the above captioned case. 2. On March 29, 2004 the parties agreed to a Custody Stipulation the Original which is attached thereto and incorporated herein as exhibit A. Wherefore the Plaintiff respectfully request this Court to issue and order incorporating this Stipulation agreed to by the parties. Respectfully Submitted, G d C' D to Robert J ul erig, Es ire Turo La Offices 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff STEPHEN D. DAY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 96-220 CIVIL TERM PEGAN L. DAY, Defendant CUSTODY AND NOW, this do day of March, 2004, STEPHEN D. DAY ("Father") and PEGAN L. DAY ("Mother") stipulate to the following provisions being made an order of Court: 1. The parties shall share legal custody of their children, KRISTA E. DAY, born August 27, 1992 and REBECCA L. DAY, born June 22, 1998, with both having the right to make major parenting decisions affecting the children's health, education and welfare. 2. Physical custody of the children shall be divided between the parties as follows: A. During the echoolyear: i. The parties' children shall reside with Father, subject to partial periods of physical custody as mentioned below. ii. Mother shall have the children two consecutive weekends, followed by Father having the children the following weekend. The weekend shall be defined as Friday at 6:00 p.m. until Sunday at 6:00 p.m. This two-to-one weekend ratio shall begin with Mother's visitation on the weekend of October 1-3, 1999. iii. Mother shall have the children from 6:00 p.m. until 8:00 p.m. each Wednesday that she does not have the children the upcoming weekend. Notwithstanding Paragraph 5 below ("Transportation"), Mother shall be responsible for picking up and returning the children to Father. iv. THANKSGIVING: In odd-numbered years, Mother shall have the children the Friday following Thanksgiving from 10:00 a.m. until 7:00 p.m. In even-numbered years, Mother shall have the children Thanksgiving Day from 10:00 a.m. until 7:00 p.m. EXHIBIT A v. CHRISTMAS: In odd-numbered years, Father shall have the children December 24th at 4:00 p.m. until December 25th at 4:00 p.m and Mother shall have the children December 25th from 4:00 p.m. until December 26th at 4:00 p.m. In even-numbered years, Mother shall have the children December 24th at 4:00 p.m. until December 25th at 4:00 p.m and Father shall have the children December 25th from 4:00 p.m. until December 26th at 4:00 p.m. vi. NEW-YEARS: In odd-numbered years, Mother shall the children on December 31st from 10:00 a.m. until January 1st at 10:00 a.m. In even-numbered years, Mother shall have the children from January let at 10:00 a.m. until January 2nd at 10:00 a.m. vii. WINTER SCHOOL BREAK: In addition to the above, Mother shall have four (4) consecutive days with the children over the Christmas/Winter break from school. In the event the parties cannot agree as to these days, they shall be December 27th through December 30th. viii. SPRING SCHOOL BREAK: Subject to Paragraph 3b below (alternating Easter), Mother shall have the children during Spring Break from school. B. During the summer break: i. The parties' children shall reside with Mother, subject to partial periods of physical custody as mentioned below. The summer break shall begin the first Monday following the end of school and shall end one week before the start of school. ii. Paragraph Aii shall be reversed with Father having the children on weekends in a two-to-one ratio. iii. Father shall have the children from 6:00 p.m. until 8:00 p.m. each Wednesday that he does not have the children the upcoming weekend. Notwithstanding Paragraph 5 below ("Transportation"), Father shall be responsible for picking up and returning the children to Mother. iv. Each party shall be permitted to have two weeks (consecutive or non-consecutive) uninterrupted vacation with the children. Each party shall notify the other in writing by May let of each year as to the two weeks to be used. Should Father's or Mother's vacation period encompass the other party's weekend with the children, that other party shall have the children on the vacationing party's next regularly-scheduled weekend following the vacation period. 2 3. HOLIDAYS/BIRTHDAYB: a) Father shall have custody of the children each Father's Day from 8:00 a.m.. until 7:00 p.m. Mother shall have custody each Mother's Day from 8:00 a.m. until 7:00 p.m. The non-custodial parent shall have two hours with both children on each of the children's birthdays and shall give at least one week's notice to the other parent of the two hours to be used. b) EASTER: Father shall have the children in odd-numbered years from 8:00 a.m. until 7:00 p.m. Mother shall have the children in even-numbered years from 8:00 a.m. until 7:00 p.m. c) The holiday/birthday provisions above shall take priority over any other paragraphs of this Agreement. 4. TELEPHONE: The parties shall not interfere with the children's rights to receive, initiate, or conduct reasonable telephone communications with the other parent, nor shall they permit anyone else to do so. If the children are not home and a telephone message is left by the other parent, the custodial parent shall have the children return the call with reasonable promptness, but in any event, within 24 hours from the time of the call. 5. TRANSPORTATION: The parties shall evenly divide the transportation duties with the party that is receiving the children to provide transportation. Unless otherwise agreed upon by the parties or absent exigent circumstances, the place of pick-up shall be the parties' respective homes. The party being relieved of custody shall ensure the children are appropriately dressed for the weather. 6. ILLNESS/INJURY: a. The parent having physical custody of the children shall have the duty to immediately advise the other parent of any unusual occurrence, illness or accident (other than e.g. minor cold, minor injury). 3 b. The parties shall notify each other in advance of any medical or dental appointments scheduled for the children and, if that party is not able to personally accompany the children to the appointment, that party shall provide the other parent an opportunity to take the children to the appointment before making arrangements with third parties. Moreover, the parents shall consult each other before scheduling any such appointments. C. Absent agreement of the parties or exigent circumstances, the children shall continue to use the same doctor's and dentist's offices. d. Both parties must be listed as the primary emergency contacts at any schools, hospitals, doctor's offices and on any other form requiring emergency contacts. e. The children's home residence shall be listed as Father's residence with regard to schools, hospitals, doctor's offices and on any other form requiring a home residence to ensure continuity regarding the children's records. Father shall have the duty to promptly provide Mother with copies of such records, including notification of all special school activities). 7. RIGHT OF FIRST REFUSAL: During each party's period of custody, should that party be unable to personally care for the children, that party shall first contact the other party to provide an opportunity for that other party to provide care prior to contacting third-party caregivers. This provision shall apply to the following situations: a) for any overnight period or longer; and b) where the children have special events scheduled (i.e. skating parties, birthday parties). 8. SLEEPING ARRANGEMENTS: The children shall not sleep in the same room with an unrelated adult. 9. TOBACCO/ ALCOHOL: The parties shall not smoke any tobacco product nor use alcohol while caring for the children. The parties shall not permit others to smoke in the children's presence and shall ensure that the children are not exposed to smoke in public places for an extended period of time. 10. Each party shall keep the other informed as to their current addresses and telephone numbers. Moreover, the custodial parent shall notify the other parent when the children will be taken on a vacation or trip for more than two (2) days and shall provide the other parent with the destination and telephone number where the children will be staying. 4 11. Each party shall cooperate with the other to the maximum extent possible to assure that the best interests and welfare of the children. The welfare and convenience of the children shall be the prime consideration of the parties. Neither party shall do or say anything which may estrange the children from the other parent or other siblings the natural mother or father may have, injure the opinion of the children as to the other parent or other siblings or hamper the free and natural development of the children's love and respect for the other parent, nor shall the parties permit any third party to do so. 12. Nothing in the Order which will be entered pursuant to this Stipulation prevents the parties from mutually reaching agreements which supplement or even contradict the provisions of this agreement. In the absence of such a mutual agreement, the above provisions, which shall be entered as an Order of Court, shall control. 13. Mother will continue to claim Rebecca and Father will continue to claim Krista as tax exemptions on all tax returns. 14. The custodial parent shall ensure that the children shall attend any scheduled extracurricular or sports activities that the children are involved in during his/her period of custody. If the custodial parent is unable for any reason to transport the children to the activity, then the custodial parent shall contact the non- custodial parent to see if he/she is able to provide transportation. W koll-?6 OBERT MULDERIG, SQ. counsel for Father )Kla il KE NET LEWIS, ESQ. counsel for Mother S EPHEN D. D PEGAN L. DAY 5 CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Petition To Make A Stipulation An Order of Court upon Kenneth Lewis, Esquire, by depositing sa me in the United States Mail, first class, postage pre-paid on the day of 2004, from Carlisle, Pennsylvania, addressed as follows: Kenneth Lewis, Esquire 1101 North Front Street Harrisburg, PA 17102 TURO LAW OFFICES ;Ibirt J. erig, Es ire 28 South lit Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff ,, , -, ,; 1 r STEPHEN D. DAY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 96-220 CIVIL TERM PEGAN L DAY, Defendant : CUSTODY ORDER OF COURT AND NOW, this C day of December, 2004, upon consideration of the attached Custody Stipulation executed by the parties, the Custody Stipulation is approved and hereby made an Order of Court. BY THE COURT 7 1 FV5R'oto ? .. ? ? ,t I?1 .. ,. ? nl A Y? STEPHEN D DAY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA PEGAN L DAY, V. No. 98-220 CIVIL TERM Defendant : CUSTODY CUSTODY STIPULATION AND NOW, this --L- day of December, 2004, STEPHEN D. DAY ("Father') and PEGAN L DAY ("Mother) stipulate to the following provisions being made an Order of Court: 1. The parties shall share legal custody of their children KRISTA E. DAY, born August 27, 1992 and REBECCA L. DAY, tom June 22, 1998, with both having the right to make major parenting decisions affecting the children's health, education and welfare. 2. Physical custody of the children shall be divided between the parties as follows. A. During the Schoolyear: i. The parties' children shall reside with Father subject to partial periods of physical custody as mentioned below. ii. Mother and Father shall alternate weekend custody of the children on an "every other weekend" schedule. A weekend shall be defined as Friday at 6:00p.m. unfit Sunday at 6:00p.m. This alternating weekend schedule shall begin with Mother's visitation on the weekend of January 7-9, 2005. B. During the summer break: i. The parties' children shall reside with Mother subject to partial periods of physical custody as mentioned below. The summer break shall begin the first Monday following the end of school and shall end one week before the start of school. ii. Mother and Father shall alternate weekend custody of the children on an "every other weekend" schedule. A weekend shall be defined as Friday at 6.00p.m. until Sunday at 8 00p.m. This alternating weekend schedule shall continue uninterrupted from the schoolyear schedule. iii. Each party shall be permitted to have two weeks (consecutive or non-consecutive) uninterrupted vacation with the children. Each party shall notify the other in writing by May 1" of each year as to the two weeks to be used. Should Father's or Mother's vacation period encompass the other party's weekend with the children, that other party shall have the children on the vacationing party's next regularly-scheduled weekend following the vacation period. 3. HOUDAYSIBIRTHDAYS: a) EASTER: In odd-numbered years, Father shall have the children from B:OOa.m. until 7:00p.m. In even-numbered years, Mother shall have the children from B:OOa.m. until 7:00p.m. b) SPRING SCHOOL BREAK: Subject to Paragraph 3A above (alternating Easter), Mother shall have the children during Spring Break from school. C) THANKSGIVING: In odd-numbered years, Mother shall have the children the Friday following Thanksgiving from 10:00a.m. until 7:00p.m. In even-numbered years, Mother shall have the children Thanksgiving Day from 10:00a.m. until 7:00p.m. d) CHRISTMAS: In odd-numbered years, Father shall have the children December 20 from 4:00p.m. until December 25"' al 4:00p.m and Mother shall have the children December 25"' from 4:00p.m. until December 26"at 4:00p.m. In even-numbered years, Mother shall have the children December 24' from 4:00p.m. until December 25" at 4:00p.m and Father shall have the children December 25 h from 4:00p.m. until December 26t' at 4:00p.m. e) WINTER SCHOOL BREAK: In addition to the above, Mother shall have four (4) consecutive days with the children over the Christmas/Winter break from school. In the event the parties cannot agree as to these days, they shall be December 27"' through December 301'. f) NEW-YEARS: In odd-numbered years, Mother shall have the children on December 31" from 5:00p.m. until January 1" at 10:00a.m. and Father shall have the children on January 1" from 10:00a.m. until 7:00p.m. In even-numbered years, Father shall have the children on December 31" from 5:00p.m. until January 1" at 10:OOa.m. and Mother shall have the children on January 1" from 10:00a.m. until 7:00p.m. g) Father shall have custody of the children each Father's Day from 8:00a.m. until 7:00p.m. Mother shall have custody of the children each Mothers Day from 8:00a.m. until 7:00p.m. h) The non-custodial parent shall have two hours with both children on each of the children's birthdays and shall give at least one week's notice to the custodial parent of the two hours to be used. i) The holiday/birthday provisions above shall take priority over any other paragraphs of this Agreement. GENERAL PROVISIONS: 4. TELEPHONEIEMAIL: The parties shall not interfere with the children's rights to receive, initiate or conduct reasonable telephone/email communications with the other parent, nor shall they permit anyone else to do so. If the chiidren are not home and a telephone message is left by the other parent, the custodial parent shall have the children return the call with reasonable promptness, but in any event, within 24 hours from the time of the call. 5. TRANSPORTATION: The parties shall evenly divide the transportation duties with the party that is receiving the children to provide transportation. Unless otherwise agreed upon by the parties or absent exigent circumstances, the place of pick-up shall be the parties' respective homes. The party being relieved of custody shall ensure the children are dressed appropriately for the weather. 8. ILLNESSIINJURY: a) The parent having physical custody of the children shall have the duty to immediately advise the other parent of any unusual occurrence, illness or accident (other than e.g. minor cold, minor injury). b) The parties shall notify each other in advance of any medical or dental appointments scheduled for the children and, d that party is not able to personally accompany the children to the appointment, that party shall provide the other parent an opportunity to take the children to the appointment before making arrangements with third parties. Moreover, the parents shall consult each other before scheduling any such appointments. C) Absent agreement of the parties or exigent circumstances, the children shall continue to use the same doctor's and dentist's offices. d) Both parties must be listed as the primary emergency contacts at any schools, hospitals, doctor's offices and on any other form requiring emergency contacts. e) The children's home residence shall be listed as Fathers residence with regard to schools, hospitals, doctor's offices and on any other forth requiring a home residence to ensure continuity regarding the children's records. Father shall have the duty to promptly provide Mother with copies of such records, including notification of all special school activities. 7. RIGHT OF FIRST REFUSAL: During each party's period of custody, should that party be unable to personally care for the children, that party shall first contact the other party to provide an opportunity for that other party to provide care prior to contacting third-party caregivers. This provision shall apply to the following situation: a: for any overnight period or longer, and b) where the children have special events scheduled (i.e. skating parties, birthday parties, etc.) 8. SLEEPING ARRANGEMENTS: The children shall not sleep in the same room with an unrelated adult. 9. TOBACCOIALCOHOL: The parties shall not smoke any tobacco product nor use alcohol while caring for the children. The parties shall not permit others to smoke in the children's presence and shall ensure that the children are not exposed to smoke in public places for an extended period of time. 10. Each party shall keep the other informed as to their current addresses and telephone numbers. Moreover, the custodial parent shall notify the other parent when the children will be taken on a vacation or trip for more than two (2) days and shall provide the other parent with the destination and telephone number where the children will be staying. 11. Each party shall cooperate with the otter to the maximum extent possible to assure that the best interests and welfare of the children are considered at all times. The welfare and convenience of the children shall be the prime consideration of the parties. Neither party shall do or say anything which may estrange the children from the otter parent or otter siblings the natural mother or father may have, inure the opinion of the children as to the otter parent or other siblings or hamper the free and natural development of the children's love and respect for the other parent, nor shall the parties permit any third party to do so. 12. Nothing in the Order which will be entered pursuant to this Stipulation prevents the parties from mutually reaching agreements which supplement or even contradict the provisions of this agreement. In the absence of such a mutual agreement, the above provisions, which shall be entered as an Order of Court, shall control. 13. Mother will claim Rebecca and Father will claim Krista as tax exemptions on all tax returns. 14. The custodial parent shall ensure that the children attend any scheduled extracurricular/sports activities or events that the children ere involved in during his/her period of custody. If the custodial parent is unable to provide/arrange transportation to and from the activity, the custodial parent shall contact the non-custodial parent to see if he/she is able to provide transportation. STEPHEN D. DAY f 13I&ser v U, 41 Father Ift' w i l b ell 17)111 `)i/• /171 PE N . DAY Mother ' ifiat rlct lak Mt. /kIly 1vr,gr ?l?l7oos 9d- 00695 TEN A. DAY hlness for Father AAA j HWINE' WUrtess for Mother PFGAN L. DAY IN I III L'OI!R 10I C(1MN1l IN PLEAS Of- PI .A1N'I'IFF CUM13FRLANI) C(WNI'Y. PENNSYLVANIA V. 96-220 CIVIL ACTION LAW STEPHEN D. DAY IN C'UST'ODY DFFFNDANT ORDER OF COURT AND NOW. Tuesday, February28, 2006 upon consideration orthe attached Complaint, it is hereby directed that parties and their respecti?c counsel appear helbre Dawn S. Sunday, Esq. the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday. March 21, 2006 _ at 8:30 AM1I Ior a Pre-Hearing Custody Conference. At such conference, an Mort bill be made to resolve the issues in dispute; or it this cannot he accomplished, to define and narrors the issues to be heard by the court, and to enter into a temporary order. All children ace five or older may also he 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 evistinR Protection from Abuse orders, Special Rciief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR TI IE COURT. H A/ Daryn_S, Sundak,_Esq. Custody Conciliator f The Court ofCummon Pleas of Cumberland County is required by Ina to comply with the Americans with Disahiltics Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business More the court, please contact our ogice. All arrangements nmst be made at least 72 hours prior al any hearing or business before the court. You must attend the scheduled Conference or hearing. YOU SHOULD'I-AKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN A'rrORNF.Y OR CANNOT AFFORD ONE, GO TO OR TELEPHONE HIE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LFGAL HELP. Cumberland C'oun" [far Association 32 South Bedford Street C'arlislc, Pennsylvania 17013 1 clcphonc 17171 :39-3166 ??-,.f ?? ? , ? -? -OG ?ld?co srw? ? <? 1?11a....z °? ? ?`? ??'? ?'? .,?-...cur z- ??` ?.????, PEGAN L. DAY, IN THE COURT OF COMMON PLEAS OF Petitioner/Defendant CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 96-220 CIVIL TERM STEPHEN D. DAY, Respondent/Plaintiff CUSTODY AND NOW, this day of , 2006, upon consideration of the Petition to Modify Custody, it is directed that the parties and their respective counsel appear before , Custody Conciliator on the day of 2006, at _.m., for a Pre-Hearing Custody Conference at the Cumberland County Courthouse, 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. FOR THE COURT: By: Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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, PA 17013 (717) 249-3166 OR (800) 990-9108 KENNETH F. LEWIS, ESQUIRE 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Petitioner/Defendant PEGAN L. DAY, Petitioner/Defendant V. IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-220 CIVIL TERM STEPHEN D. DAY, Respondent/Plaintiff . CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you for any claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR PHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 OR (800) 990-9108 KENNETH F. LEWIS, ESQUIRE 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Petitioner/Defendant PEGAN L. DAY, Petitioner/Defendant V. STEPHEN D. DAY, Respondent/Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-220 CIVIL TERM CUSTODY PLAINTIPF'S PETITION TO NODIlY CUSTODY 1. The Petitioner/Defendant is Pegan L. Day, hereinafter referred to as "Mother." 2. The Respondent/Plaintiff is Stephen D. Day, hereinafter referred to as "Father." 3. The parties are parents of two children: KRISTA E. DAY, born August 27, 1992 and REBECCA L. DAY, born June 22, 1998. 4. By Court Order dated December 6, 2004 (pursuant to a signed Stipulation by the parties), the parties share legal custody, with Father having primary physical custody during the school year and Mother having primary physical custody during the summers (copy attached). 5. Mother believes and therefore avers it is in the children's beat interest that physical custody be shared by the parties on an alternating week (or alternating bi-weekly) schedule. 6. This Petition is being file as Mother now resides in the same school district as Father (within 5-10 minutes from Father's residence) and will be more able to assume a full-time parenting role without disruption regarding schooling, extra- curricular activities, etc. WHEREFORE, Mother requests the Court to grant her shared physical, as well as legal, custody of the parties' children. Respectfully submitted, DATE: Zh?lo6 io 41) KE ET F. LEWIS, ESQUIRE Attorney for Petitioner/Defendant I.D. 069383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 I hereby verify that the statements made in the foregoing document 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. Section 4904, relating to unsworn falsification to authorities. Dated: ?? II ( df'Q t PEGAN L. J Y ,/2008 09:51AM FAXCOM PAGE 2 OF 0 vFi; 11 :1 A411 `. STEPHEN D. DAY, Plaintiff V. PECAN L DAY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No 96220 CIVIL TERM CUSTODY Defendant ORDER OF COURT AND NOW, this day of December, 2004, upon consideration of the attadted Custody Stpulaton executed by the parties, the Custody Stipulation is approved and hereby made an Order of Court. TRUE COPY FRCM. RECnR0 In Ter ?rnr,.rv wh:reof ! P ,. unto art my hand ?1Li'1" L y7l 1011.. STEPHEN 0. DAY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA No. 96-220 CIVIL TERM PEGAN L. DAY, Defendant CUSTODY CUSTODY STIPULATION AND NOW, this 1,f day of December, 2004, STEPHEN D DAY ("Father) and PECAN L DAY ('Mother) stipulate to the following provisions being made an Order of Court: 1. The parties shall share legal custody of their children KRISTA E. DAY, bom August 27, 1992 and REBECCA L. DAY, born June 22, 1996, with both having the right to make major parenting decisions affecting the children's health, education and welfare. 2. Physical custody of the children shall be divided between the parties as follows: A. During the Schoolyear: 1. The parties' children shall reside with Father subject to partial periods of physical custody as mentioned below. ii. Mother and Father shall altemate weekend custody of the children on an "every other weekend" stdiedule. A weekend shall be defined as Friday at 6:00p.m. until Sunday at e:00p.m. This alternating weekend schedule shall begin with Mother's visitation on the weekend of January 7-9, 2005. B. During the summer break: i. The parties' children shall reside with Mother subject to partial periods of physical custody as mentioned below. The summer break shall begin the first Monday following the end of school and shall and one week before the start of school. ill. Mother and Father shall alternate weekend custody of the children on an "every other weekend" schedule. A weekend shall be defined as Friday at 6:00p.rn. until Sunday at 6 00p.m. This alternating weekend schedule shall continue uninterrupted from the schoolyear schedule, iii. Each party shall be permitted to have two weeks (consecutive or non-consecutive) uninterrupted vacation with the children. Each party shall notify the other in writing by May 1" of each year as to the two weeks to be used. Should Fathers or Mothers vacation period encompass the other party's weekend with the children, that other party shall have the children on the vacationing parry's next regularly-scheduled weekend following the vacation period /l 3 HOUDAYSIBIRTHDAYS: a) EASTER: In odd-numbered years, Father shall have the children from 8:00a.m. until 7.00p.m. In even-numbered years, Mother shag have the children from 8:00a.m. until 7:00p m. b) SPRING SCHOOL BREAK: Subject to Paragraph 3A above (alternating Easter), Mother shall have the children during Spring Break from school. c? THANKSGIVING In odd-numbered years, Mother shall have the children the Friday following Thanksgiving from 10,00a.m. until 7:OOp.m. In even-numbered years, Mother shall have the children Thanksgiving Day from 10:00a.m. until 7:00p.m. d) CHRISTMAS: In odd-numbered years, Father shall have the children December 24" from 4:00p.m. until December 25" at 4:00p.m and Mother shall have the children December 25" from 4:00p m. until December 26" at 4:00p.m. In even-numbered years, Mother shall have the children December 24" from 4:00p.m. until December 25" at 4.00p.m and Father shag have the children December 25' from 4:00p.m, until December 28" at 4:00p m. e) WINTER SCHOOL BREAK: In addition to the above, Mother shall have four (4) consecutive days with the children over the ChristmesWnter break from school. In the event the parties cannot agree as to these days, they shall be December 27" through December 30". f) NEW-YEARS: In odd-numbered years. Mother shall have the children on December 31' from S:OOp.m. until January 1r at 10:00a.m. and Father shall have the children on January 1' from 10:00a.m. until T00p.m in even-numbered years, Father shall have the &Adren on December V from 5:00p.m. until January 1" at 10:00a.m. and Mother shall have the children on January 1' from 10:00a.m. until 7:00p.m. g) Fattier shall have custody of the children each Father's Day from 8:00a.m. unfit 7:00p.m. Mother shall have custody of the children each Mother's Day from 8:00a.m. until7.00p.m. h) The non-custodial parent shall have two hours with both children on each of the children's birthdays and shall give at least one week's notice to the custodial parent of the two tours to be used. 1) The holiday/birthday provisions above shall take priority over any other paragraphs of this Agreement GENERAL PROVISIONS: 4. TELEPHONE/EMAIL: The parties shall not interfere with the children's rights to receive, initiate or conduct reasonable telephoneiemail communications with the other parent, nor Shell they permit anyone site to do to. If ft children are not home and a telephone message is left by the other parent, the custodial parent shag have the children return the cal( with reasonable promptness, but in any event, within 24 hours from the time of the call. 5 TRANSPORTATION: The parties shall eventy divide the transportation duties with the party that is receiving the children to provide transportation. Unless otherwise agreed upon by the parties or absent exigent circumstances, the place of pick-up shalt be the parties' respective homes. The party being relieved of aistody shall ensure the children are dressed appropriately for the weather. 8 ILLNESSANJURY: a) The parent having physical custody of the children shall have the duty to immediately advise the other parent of any unusual occurrence, illness or accident (other than e.g. minor cold, minor injury) b) The parties shall notify each other in advance of any medical or dental appointments scheduled for the children and, if that party Is not able to personally accompany the children to the appointment, that party shall provide the other parent an opportunity to take the children to the appointment before making arrangements with third parties. Moreover, the parents shall consult each other before scheduling any such appointments c) Absent agreement of the parties or exigent circumstances, the children shall continue to use the same dccces and dentist's offices. d) Both parties must be listed as the primary emergency contacts at any schools, hospitals, doctor's offices and on any other form requiring emergency contacts. e) The children's home residence shall be listed as Father's residence with regard to schools, hospitals, doctbi s offices and on any other form requiring a home residence to ensure continuity regarding the children's records. Father shall have the duty to promptly provide Mother with copies of such records, including notification of all special school activities. 7. RIGHT OF FIRST REFUSAL: During each party's period of custody, should that party be unable to personalty care for the children, that party shall first contact the other party to provide an opportunity for that other party to provide care prior to contacting third-party caregivers. This provision shall apply to the following situation: a: for any overnight period or longer, and b) where the children have special events scheduled (i.e. skating parties, birthday parties, etc.) 8. SLEEPING ARRANGEMENTS: The children shall not sleep in the same room with an unrelated adult. 9. TOBACCO/ALCOHOL: The parties shall not smoke any tobacco product nor use alcohol while caring for the children. The parties shall not permit others to smoke in the children's presence and shall ensure that the children are not exposed to smoke in public pieces for an extended period of time. 10. Each party shall keep the other informed as to their current addresses and telephone numbers. Moreover, the custodial parent shall notify the other parent when the children wig be taken on a vacation or trip for more than two (2) days and shall provide the other parent with the destination and telephone number where the children will be staying. it. Each party shall cooperate with this other to the maximum extent possible to assure that the best interests and welfare of the children are considered at all times. The welfare and convenience of the children shall be the prime consideration of the parties. Neitlrer party shall do or say anything which may estrange the children from the other parent or oher siblings the natural mother or father may have, injure the opinion of the children as to the other parent or other siblings or hamper the free and natural development of the children's love and respect for the other parent, nor shall the parties permit any third party to do so. 12. Nothing in the Order which will be entered pursuant to this Stipulation prevents the parties from mutually reaching agreements which supplement or even contradict Me provisions of this agreement In the absence of such a mutual agreement, the above provisions, which shall be entered as an Order of Court, shall control. 13. Mother will claim Rebecca and Father will claim Krista as tax exemptions on all tax returns. 14. The custodial parent shall ensure that the children attend any scheduled extracurricular/sports activities or events that the children are involved in during hluber period of custody. If the custodial parent is unable to providelanange transportation to and from the activity, the custodial parent shall contact the non-custodial parent to see If he/she is able to provide transportation. STEPHEN D. DAY Father ' PE N .DAY Mother '.t Al J 411b( ?G TEN A. DAY mess for Father ,ramR tiWINE, Vftiesa for Mother n v CJ v Cy ICJ STEPHEN D. DAY Plaintiff VS. PEGAN L. DAY Defendant APR 1 3 Zoo . Y IN 'fill., COURT OF CO .)N-PE, CUMBERLAND COUNTY, PENNSYLVANIA 96-220 CIVIL. ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 17' day of , 2006, upon consideration of the attached Custody Conciliation Report, t is ordered and directed as follows: 1. The parties shall submit themselves, their minor Children, and any other individuals deemed necessary to a custody evaluation to be performed by a professional to be selected by agreement between the parties. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will best meet the needs of the Children. All costs of the evaluation shall be shared equally between the parties. The parties shall sign any authorizations deemed necessary by the evaluator in order to obtain additional information pertaining to the parties or the Children. 2. Within 60 days of receipt of the evaluator's recommendations, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference, if necessary. BY THE COURT, 4io/- n A. Hess J. cc:,itcenneth F Lichacl J. Lewis, Esquire - Counsel for Mother Whare, Esquire - Counsel for Father J aAL? c ., ?' ? '.,?,. .1 _,. - STEPHEN D. DAY Plaintiff VS. PEGAN L. DAY Defendant Prior Judge: Kevin A. (less IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 96-770 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Krista E. Day August 27, 1992 Mothcr/Father Rebecca L. Day June 22, 1996 Father/Mother 2. A custody conciliation conference was held on April 11, 2006, with the following individuals in attendance: The Father, Stephen D. Day, with his counsel, Michael J. Whare, Esquire, and the Mother, Pegan L. Day, with her counsel, Kenneth F. Lewis, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator NOV 15 2006y STEPHEN D. DAY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 96-220 CIVIL TERM PEGAN L. DAY, Defendant CUSTODY ORDER OF COURT AND NOW, this Zo" day of , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall share legal custody of their children KRISTA E. DAY, born August 27, 1992 and REBECCA L. DAY, born June 22, 1996. Major non-emergency decisions concerning the Children, including, but not limited to, the Children's health, welfare, education and upbringing shall be made by the parties jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the Children's best interests. Each parent shall notify the other of any activity or circumstance concerning the Children that could reasonably be expected to be of concern to the other parent. 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 parent having physical custody of the Children 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 parent 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 parent as authorized by statute. 2. The parties shall have physical custody of the Children as follows: A. During the school year: i. The Father shall have primary physical custody of the Children subject to the Mother's periods of custody as specified in the following paragraph. ii. The Mother shall have custody of the Children on alternating weekends from Thursday at 6:00 p.m. until Sunday at 6:00 p.m. This alternating weekend schedule shall continue uninterrupted from the current weekend schedule. iii. The Mother also shall have custody of the Children on Thursdays preceding the Father's weekends from 6:00 p.m. until the following morning at which time the Mother shall transport the Children to school/daycare on her way to work. In the event that there is no school/daycare and the Mother is working, the Mother shall transport the Children to the Father's residence at 7:00 a.m. A d`t' i3 u, B. During the summer break: i. The Mother shall have primary physical custody of the Children, subject to the Father's periods of custody as specified in the following paragraph. The summer break shall begin the first Monday following the end of school and shall end one week before the start of school. ii. The Father shall have custody of the Children on alternating weekends from Thursday at 6:00 p.m. until Sunday at 6:00 p.m. This alternating weekend schedule shall continue uninterrupted from the current weekend schedule. iii. The Father also shall have custody of the Children on Thursdays preceding the Mother's weekends from 6:00 p.m. until the following morning at which time Father will return the children to Mother's residence on his way to work. If the Father is not working on a Friday on which the Mother is also not working, the Father's period of custody shall end at 7:00 a.m. iv. Each parent shall be permitted to have two weeks (consecutive or non-consecutive) of uninterrupted vacation with the children upon providing at least 30 days advance notice to the other parent. The parent providing notice first shall be given preference on his or her selection of vacation dates. The parties shall schedule their periods of custody under this provision to include their regularly scheduled weekends unless otherwise agreed. 3. HOLIDAYS/BIRTHDAYS: A. EASTER: In odd-numbered years, Father shall have custody of the Children from 8:00 a.m. until 7:00 p.m. In even-numbered years, Mother shall have custody of the Children from 8:00 a.m. until 7:00 p.m. B. SPRING SCHOOL BREAK: Subject to Paragraph 3A above (alternating Easter), Mother shall have physical custody of the children during Spring Break from school, which period shall not interfere with the weekend schedule. C. MEMORIAL DAY, FOURTH OF JULY & LABOR DAY: In odd-numbered years, Father shall have Fourth of July and Mother shall have Memorial Day and Labor Day. In even-numbered years, Mother shall have Fourth of July and Father shall have Memorial Day and Labor Day. The periods of custody under this provision shall run from 9:00 a.m. until 7:00 p. M. D. THANKSGIVING: In odd-numbered years, Father shall have custody of the Children on Thanksgiving Day from 10:00 a.m. until 7:00 p.m. and Mother shall have custody on the Friday following Thanksgiving Day from 10:00 a.m. until 7:00 p.m. In even- numbered years, Mother shall have custody of the Children on Thanksgiving Day from 10:00 a.m. until 7:00 p.m. and Father shall have custody on the Friday following Thanksgiving Day from 10:00 a.m. until 7:00 p.m. E. CHRISTMAS: In odd-numbered years, Father shall have custody of the Children from December 24th at 4:00 p.m. until December 25th at 4:00 p.m. and Mother shall have custody from December 25th at 4:00 p.m. until December 26th at 4:00 p.m. In even- numbered years, Mother shall have custody of the Children from December 24th at 4:00 p.m. until December 25th at 4:00 p.m. and Father shall custody from December 25th at 4:00 p.m. until December 26th at 4:00 p.m. F. WINTER SCHOOL BREAK: In addition to the above, Mother shall have custody of the Children for three (3) consecutive days over the Christmas break from school. In the event the parties cannot agree as to these days, they shall be December 27th through December 29th G. NEW YEARS: In odd-numbered years, Mother shall have custody of the Children from December 31St at 5:00 p.m. until January 1st at 10:00 a.m. and Father shall have custody on January 1st from 10:00 a.m. until 7:00 p.m. In even-numbered years, Father shall have custody of the Children from December 31st at 5:00 p.m. until January 1st at 10:00 a.m. and Mother shall have custody on January 1St from 10:00 a.m. until 7:00 p.m. H. Father shall have custody of the Children each Father's Day from 8:00 a.m. until 7:00 p.m. The Mother shall have the Children each Mother's Day from 8:00 a.m. until 7:00 p.m. 1. The non-custodial parent shall have two hours with both Children on each of the Children's birthdays and shall give at least one week's notice to the custodial parent of the two hours to be used. J. The holiday/birthday provisions above shall take priority over any other paragraphs of this Agreement. 4. The parties shall not interfere with the Children's rights to receive, initiate or conduct reasonable telephone/email communications with the other parent, nor shall they permit anyone else to do so. If the Children are not home and a telephone message is left by the other parent, the custodial parent shall have the Children return the call with reasonable promptness, but in any event, within 24 hours from the time of the call. 5. Recognizing it is not always possible or practical to do so, the parties agree to attempt to communicate information regarding the Children via e-mail. The parties agree that the number of emails shall be reasonable. The parties shall exert every reasonable effort to personally respond and review the a-mails of the other within 48 hours unless an immediate response is necessary. 6. The p arent r eceiving c ustody s hall b e r esponsible t o p rovide t ransportation for the exchange of custody. Unless otherwise agreed upon by the parties, or otherwise specifically set out by this Custody Order exchanges of custody shall take place at the parties' homes. The parent relinquishing custody shall ensure the Children are dressed appropriately for the weather. 7. The parent having physical custody of the Children shall have the duty to immediately advise the other parent of any unusual occurrence, illness or accident (other than e.g. minor cold, minor injury). The parents shall notify each other in advance of any medical or dental appointments scheduled for the Children. If the custodial parent is unable to personally accompany the Children to the appointment, the custodial parent shall provide the non-custodial parent the opportunity to personally accompany the Children to the appointment before making arrangements with third parties. Moreover, the parents shall inform each other in a timely manner after scheduling any such appointments.Absent agreement of the parties or exigent circumstances, the Children shall continue to use the same doctor's and dentist's offices.Both parties must b e I isted a s t he p rimary a mergency c ontacts a t a ny s chools, h ospitals, d octor's offices and on any other form requiring emergency contacts.The children's home residence shall be listed as Father's residence with regard to schools, hospitals, doctor's offices and on any other form requiring a home residence to ensure continuity regarding the children's records. Father shall have the duty to promptly provide Mother with copies of such records, including notification of all special school activities. 8. In the event that the custodial parent is unable to personally care for the Children during his or her period of custody for an overnight period of longer (or where the Children have special events or activities), that parent shall first contact the other parent to offer the opportunity to provide the care prior to contacting third-party caregivers. 9. The parties shall ensure that theChildren dol not sleep in the same room with an unrelated adult. 10. The parents shall not smoke any tobacco product nor use alcohol while caring for the Children. The parents shall not permit others to smoke in the Children's presence and shall ensure that the Children are not exposed to smoke in public places for an extended period of time. 11. Each parent shall keep the other informed as to their current addresses and telephone numbers. Moreover, the custodial parent shall notify the other parent when the Children will be taken on a vacation or trip for more than two (2) days and shall provide the other parent with the address where the Children will be staying. 12. Each parent shall cooperate with the other to the maximum extent possible to assure that the best interests and welfare of the Children are considered at all times. The welfare and convenience of the Children shall be the prime consideration of the parties. Neither parent shall do or say anything which may estrange the Children from the other parent or other siblings the natural mother or father may have, injure the opinion of the Children as to the other parent or other siblings or hamper the free and natural development of the Children's love and respect for the other parent, nor shall the parties permit any third party to do so. 13. The Mother shall be entitled to claim to claim Rebecca and the Father shall be entitled to claim Krista as tax exemptions on all tax returns until such time as Krista is no longer eligible as a dependent. At that time, Father and Mother will alternate claiming Rebecca with Father having that right the first year after being unable to claim Krista as a dependent. 14. The custodial parent shall ensure that the Children attend any scheduled extracurricular or sports activities, practices or events in which the Children are involved during his or her period of custody. If the custodial parent is unable or unwilling to provide or arrange transportation to and from the activity, the custodial parent shall contact the non-custodial parent to offer the opportunity to provide transportation. 15. 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. All prior Orders are vacated and replaced with this Order. BY THE COURT: Cc: Michael J. Whare, Esquire, Counsel for Father Kenneth F. Lewis, Esquire, Counsel for Mother 2 c -bG 1?_ , STEPHEN D. DAY Plaintiff VS. PEGAN L. DAY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 96-220 CIVIL ACTION LAW IN CUSTODY Prior Judge: Kevin A. Hess 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Krista E. Day August 27, 1992 Mother/Father Rebecca L. Day June 22, 1996 Father/Mother 2. A custody conciliation conference was held on November 10, 2006, with the following individuals in attendance: The Father, Stephen D. Day, with his counsel, Michael J. Whare, Esquire, and the Mother, Pegan L. Day, with her counsel, Kenneth F. Lewis, Esquire. 3. The parties agreed to entry of an Order in the form as attached. 13 aody f CSC Date Dawn S. Sunday, Esquire Custody Conciliator STEPHEN D. DAY, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. No. 96-220 CIVIL TERM PEGAN L. DAY, Defendant CUSTODY CUSTODY STIPULATION AND NOW, this day of December, 2004, STEPHEN D. DAY ("Father') and PEGAN L. DAY ("Mother') stipulate to the following provisions being made an Order of Court: 1. The parties shall share legal custody of their children KRISTA E. DAY, born August 27, 1992 and REBECCA L. DAY, born June 22, 1996, with both having the right to make major parenting decisions affecting the children's health, educalbon and welfare. 2. Physical custody of the children shall be divided between the parties as follows: A. During the Schoolyear: i. The parties' children shall reside with Father subject to partial periods of physical custody as mentioned below. ii. Mother and Father shall alternate weekend custody of the children on an "every other weekend" schedule. A weekend shall be defined as Friday at 6:00p.m. until Sunday at 6:00p.m. This alternating weekend schedule shall begin with Mother's visitation on the weekend of January 7-9, 2005. B. During the summer break: i. The parries' children shall reside with Mother subject to partial periods of physical custody as mentioned below. The summer break shall begin the first Monday following the end of school and shall end one week before the start of school. ii. Mother and Father shall alternate, weekend custody of the children on an "every other weekend" schedule. A weekend shall be defined as Friday at 6:00p.m. until Sunday at 6:00p.m. This alternating weekend schedule shall continue uninterrupted from the schoolyear schedule. iii. Each party shall be permitted to have two weeks (consecutive or non-consecutive) uninterrupted vacation with the children. Each party shall notify the other in writing by May 15' of each year as to the two weeks to be used. Should Father's or Mother's vacation period encompass the other party's weekend with the children, that other party shall have the children on the vacationing party's next regularly-scheduled weekend following the vacation period. 3. HOLIDAYS/BIRTHDAYS: a) EASTER: In odd-numbered years, Father shall have the children from 8:00a.m. until 7:00p.m. In even-numbered years, Mother shall have the children from 8:00a m. until 7:00p.m. b) SPRING SCHOOL BREAK: Subject to Paragraph 3A above (alternating Easter), Mother shall have the children during Spring Break from school. c) THANKSGIVING: In odd-numbered years, Mother shall have the children the Friday following Thanksgiving from 10:00a.m. until 7:00p.m. In even-numbered years, Mother shall have the children Thanksgiving Day from 10:00a.m. until 7:00p.m. d) CHRISTMAS: In odd-numbered years, Father shall have the children December 20 from 4:00p.m. until December 25"' at 4:00p.m and Mother shall have the children December 25'" from 4:00p.m. until December 26"' at 4:00p.m. In even-numbered years, Mother shall have the children December 24'° from 4:00p.m. until December 25"' at 4:00p.m and Father shall have the children December 25"' from 4:00p.m. until December 26"' at 4:00p.m. e) WINTER SCHOOL BREAK In addition to the above, Mother shall have four (4) consecutive days with the children over the Christmas/VVinter break from school. In the event the parties cannot agree as to these days, they shall be December 27th through December 30"'. f) NEW YEARS: In odd-numbered years, Mother shall have the children on December 31'' from 5:00p.m. until January 12' at 10:00a.m. and Father shall have the children on January 1*' from 10:00a.m. until 7:00p.m. In even-numbered years, Father shall have the children on December 316t from 5:00p.m. until January 1s' at 'I0:00a.m. and Mother shall have the children on January Id from 10:00a.m. until 7:00p.m. g) Father shall have custody of the children each Father's Day from 8:00a.m. until 7:00p.m. Mother shall have custody of the children each Mother's Day from 8:00a.m. until 7:00p.m. h) The non-custodial parent shall have two hours with both children on each of the children's birthdays and shall give at least one week's notice to the custodial parent of the two hours to be used. i) The holiday/birthday provisions above shall take priority over any other paragraphs of this Agreement GENERAL PROVISIONS: 4. TELEPHONEIEMAIL: The parties shall not interfere with the children's rights to receive, initiate or conduct reasonable telephonetemail communications with the other parent, nor shall they permit anyone else to do so. If the children are not home and a telephone message is left by the other parent, the custodial parent shall have the children return the call with reasonable promptness, but in any event, within 24 hours from the time of the call. 5. TRANSPORTATION: The parties shall evenly divide the transportation duties with the party that is receiving the children to provide transportation. Unless otherwise agreed upon by the parties or absent exigent circumstances, the place of pickup shall be the parties' respective homes. The party being relieved of custody shall ensure the children are dressed appropriately for the weather. 6. ILLNESSANJURY: a) The parent having physical custody of the children shall have the duty to immediately advise the other parent of any unusual occurrence, illness or accident (other than e.g. minor cold, minor injury). b) The parties shall notify each other in advance of any medical or dental appointments scheduled for the children and, if that party is not able to personally accompany the children to the appointment, that party shall provide the other parent an opportunity to take the children to the appointment before making arrangements with third parties. Moreover, the parents shall consult each other before scheduling any such appointments. c) Absent agreement of the parties or exigent circumstances, the children shall continue to use the same doctor's and dentist's offices. d) Both parties must be listed as the primary emergency contacts at any schools, hospitals, doctor's offices and on any other form requiring emergency contacts. e) The children's home residence shall be listed as Father's residence with regard to schools, hospitals, doctor's offices and on any other form requiring a home residence to ensure continuity regarding the children's records. Father shall have the duty to promptly provide Mother with copies of such records, including notification of all special school activities. 7. RIGHT OF FIRST REFUSAL: During each party's period of custody, should that party be unable to personally care for the children, that party shall first contact the other party to provide an opportunity for that other party to provide care prior to contacting third-party caregivers. This provision shall apply to the following situation: a: for any overnight period or knger, and b) where the children have special events scheduled (i.e. skating parties, birthday parties, etc.) 8. SLEEPING ARRANGEMENTS: The children shall not sleep in the same room with an unrelated adult. 9. TOBACCOIALCOHOL: The parties shall not smoke any tobacco product nor use alcohol while caring for the children. The parties shall not permit others to smoke in the children's presence and shall ensure that the children are not exposed to smoke in public places for an extended period of time. 10. Each party shall keep the other informed as to their current addresses and telephone numbers. Moreover, the custodial parent shall notify the other parent when the children will be taken on a vacation or trip for more than two (2) days and shall provide the other parent with the destination and telephone number where the children will be staying. 11. Each party shall cooperate with the other to the maximum extent possible to assure that the best interests and welfare of the children are considered at all times. The welfare and convenience of the children shall be the prime consideration of the parties. Neither party shall do or say anything which may estrange the children from the other parent or other siblings the natural mother or father may have, injure the opinion of the children as to the other parent or other siblings or hamper the free and natural development of the children's love and respect for the other parent, nor shall the parties permit any third party to do so. 12. Nothing in the Order which will be entered pursuant to this Stipulation prevents the parties from mutually reaching agreements which supplement or even contradict the provisions of this agreement. In the absence of such a mutual agreement, the above provisions, which shall be entered as an Omer of Court, shall control. 13. Mother will claim Rebecca and Father will claim Krista as tax exemptions on all tax returns. 14. The custodial parent shall ensure that the children attend any scheduled extracurricular/sports activities or events that the children are involved in during his/her period of custody. If the custodial parent is unable to providefarrange, transportation to and from the activity, the custodial parent shall contact the non-custodial parent to see if he/she is able to provide transportation. STEPH Father EN D. DAY qo l al low r v f x, 9 PECAN DAY Mother "7 MQtirl ce Mf 1-01 ??n f PA/1a?s SIa- 00b5 2it1$TEN A. DAY ness for Father i. //?, 4 --?, Z - ?- R tiWINE Witness for Mother rr cam.,-, `?;? C %ff Gni ..f DEC U 3 "M4? STEPHEN D. DAY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 96-220 CIVIL TERM PECAN L. DAY, Defendant CUSTODY ORDER OF COURT AND NOW, this C day of December, 2004, upon consideration of the attached Custody Stipulation executed by the parties, the Custody Stipulation is approved and hereby made an Order of Court. BY THE COURT Judge ?a ?o o? C hi? I } j 1 :3 V L- ?13 901 KENNETH F. LEWIS, ESQUIRE 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Petitioner/Defendant PEGAN L. DAY, Petitioner/Defendant V. STEPHEN D. DAY, Respondent/Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-220 CIVIL TERM CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you for any claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR PHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 OR (800) 990-9108 KENNETH F. LEWIS, ESQUIRE 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Petitioner/Defendant PEGAN L. DAY, Petitioner/Defendant V. STEPHEN D. DAY, Respondent/Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-220 CIVIL TERM CUSTODY PLAINTIFF'S PETITION TO MODIFY CUSTODY 1. The Petitioner/Defendant is Pegan L. Day, hereinafter referred to as "Mother." 2. The Respondent/Plaintiff is Stephen D. Day, hereinafter referred to as "Father." 3. The parties are parents of two children: KRISTA E. DAY, born August 27, 1992 and REBECCA L. DAY, born June 22, 1998. 4. By Court Order dated December 6, 2004 (pursuant to a signed Stipulation by the parties), the parties share legal custody, with Father having primary physical custody during the school year and Mother having primary physical custody during the summers (copy attached). 5. Mother believes and therefore avers it is in the children's best interest that physical custody be shared by the parties on an alternating week (or alternating bi-weekly) schedule. 6. This Petition is being file as Mother now resides in the same school district as Father (within 5-10 minutes from Father's residence) and will be more able to assume a full-time parenting role without disruption regarding schooling, extra- curricular activities, etc. WHEREFORE, Mother requests the Court to grant her shared physical, as well as legal, custody of the parties' children. Respectfully submitted, DATE: L?? I a? ?y) KE ET F. LEWIS, ESQUIRE Attorney for Petitioner/Defendant I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 I hereby verify that the statements made in the foregoing document 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 IS Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: h v? 1Y?? 64, PEGAN L. J Y /2005 09:51AM FARCOM STEPHEN D. DAY, Plaintiff V. PEGAN L DAY, Defendant PAGE 2 OF 6 Vt (; 1) 3 AV, t. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 96-220 CIVIL TERM CUSTODY ORDER OF COURT AND NOW, this ?( day of December, 2004, upon consideration of the attached Custody Stipulation executed by the parties, the Custody Stipulation is approved and hereby made an Omer of Court. TRUE COPY FRCM. RECORD In Tc limnnV whirr' of + h<r•± n io sei' m; ktar,d era /(r :'/c);?l cf s-si?! cart + ?: sjn ('a. 1. 01,.. :rzk!. yr??J ^u?;,rnpf dry f STEPHEN D. DAY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA PECAN L. DAY, T No. 96-220 CIVIL TERM Defendant CUSTODY CUSTODY STIPULATION AND NOW, this day of December, 2004, STEPHEN D. DAY ("Father) and PECAN L. DAY ("Mother) stipulate to the following provisions being made an Order of Court: 1. The parties shall share legal custody of their children KRISTA E. DAY, born August 27, 1992 and REBECCA L. DAY, bom June 22, 1996, with both having the right to make major parenting decisions affecting the children's health, education and welfare. 2. Physical custody of the children shall be divided between the parties as follows: A. During the Schoolyear: i. The parties' children shall reside with Father subject to partial periods of physics{ custody as mentioned below. ii. Mother and Father shall alternate weekend custody of the children on an "every other weekend" schedule. A weekend shag be defined as Friday at 6:00p,m. until Sunday at 6:00p.m. This alternating weekend schedule shag begin with Mother's visitation on the weekend of January 7-9, 2005. B. During the summer break: i. The parties' children shall reside with Mother subject to partial periods of physical custody as mentioned below. The summer break shall begin the first Monday following the end of school and shall and one week before the start of school. Ii. Mother and Father shall alternate weekend custody of the children on an "every other weekend" schedule. A weekend shaft be defined'as Frday at 6i0tlp,m: until Sunday at 6:00p.m. This alternating weekend schedule shall continue uninterrupted from the schoolyear schedule. iii. Each party shall be permitted to have two weeks (consecutive or non-consecutive) uninterrupted vacation with the children. Each party shall notify the other in writing by May 19 of each year as to the two weeks to be used. Should Father's or Mother's vacation period encompass the other party's weekend with the children, that other party shall have the children on the vacationing party's next regularly-scheduled weekend Following the vacation period. 3. HOUDAYSIBIRTHDAYS: a) EASTER: in odd-numbered years, Father shall have the children from 8:00a.m, unfit 7:00p.m. In even-numbered years, Mother shall have the children from 6:00a.m. until 7:00p. m. b) SPRING SCHOOL BREAK: Subject to Paragraph 3A above (alternating Easter), Mother shall have the children during Spring Break from school. c) THANKSGIVING: In odd-numbered years, Mother shall have the children the Friday following Thanksgiving from 10:00a.m. until 7:00p.m. In even-numbered years, Mother shall have the children Thanksgiving Day from 10:00a.m. until 7:00p.m. d) CHRISTMAS: In odd-numbered years, Father shall have the children December 24' from 4:00p.m. until December 25 h at 4:00p.m and Mother shall have the children December 251h from 4:00p.m, until December 2e at 4:00p.m. In even-numbered years, Mother shalt have the children December 24" from 4.00p.m. unfit December 25"' at 4:00p.m and Father shall have the children December 25"' from 4:00p.m, until December 28' at 4:00p.m. e) WINTER SCHOOL BREAK: In addition to the above, Mother shall have four (4) consecutive days with the children over the ChristmesAArinter break from school. In the event the parties cannot agree as to these days, they shall be December 27°i through December 31P. f) NEW-YEARS: In odd-numbered years, Mother shall have the children on December 31° from 5:00p.m. until January 1°' at 10:00a.m. and Father shall have the children on January 1" from 10:00a.m. until 7:00p.m. In even-numbered years, Father shall have the children on December 31" from 5:00p-m. until January 1" at 10:00a.m. and Mother shall have the children on January I' from 10:00a.m. until7:00p.m. g) Father shall have custody of the children each Father's Day from 8:00a.m. unfit 7:00p.m. Mother shall have custody of the children each Mother's Day from 8:00a.m. until7:00p.m. h) The non-custodial parent shall have two hours with both children on each of the chi!dren's birthdays and shall give at least one week's notice to the custodial parent of the two hours to be used. I)- The holiday/birthday provisions above shalt take priority' over any other paragraphs of this Agreement GENERAL PROVISIONS: 4. TELEPHONE/EMAIL: The parties shall not interfere with the children's rights to receive, initiate or conduct reasonable telephone/email communications with the other parent, nor shall they permit anyone also to do so. If the children are not home and a telephone message is left by the other parent, the custodial parent shall have the children return the call with reasonable promptness, but in any event, within 24 hours from the time of the call. 5 TRANSPORTATION: The parties shall evenly divide the transportation duties with the party that is receiving the children to provide transportation. Unless otherwise agreed upon by the parties or absent exigent circumstances, the place of pick-up shall be the parties' respective homes. The party being relieved of custody shall ensure the children are dressed appropriately for the weather. 6. ILLNESS/INJURY: a) The parent having physical custody of the children shall have the duty to immediately advise the other parent of any unusual occurrence, illness or accident (other than e.g. minor cold, minor injury), b) The parties shall notify each other in advance of any medical or dental appointments scheduled for the children and, if that party is not able to personally accompany the children to the appointment, that party shall provide the other parent an opportunity to take the children to the appointment before making arrangements with third parties. Moreover, the parents shall consult each other before scheduling any such appointments c) Absent agreement of the parties or exigent circumstances, the children shall continue to use the same doctor's and dentist's offices. d) Both parties must be listed as the primary emergency contacts at any schools, hospitals, doctor's offices and on any other form requiring emergency contacts. e) The children's home residence shall be listed as Father's residence with regard to schools, hospitals, doctbi s offices and on any other form requiring a home residence to ensure continuity regarding the children's records. Father shall have the duty to promptly provide Mother with copies of such records, including notification of all special school activities. T RIGHT OF FIRST REFUSAL: During each party's period of custody, should that party be unable to personalty care for the children, that party shall first contact the other party to provide an opportunity for that other party to provide dare prior to contacting third-party caregivers. This provision shall apply to the following situation: a: for any overnight period or longer, and b) where the children have special events scheduled (i.e. skating parties, birthday parties, etc.) 8. SLEEPING ARRANGEMENTS: The children shall not sleep in the same room with an unrelated adult9. TOBACCO/ALCOHOL: The parties shall not smoke any tobacco product nor use alcohol while caring for the children. The parties shall not permit others to smoke in the children's presence and shall ensure that the children are not exposed to smoke in public places for an extended period of time- 10. Each party shall keep the other informed as to their current addresses and telephone numbers. Moreover, the custodial parent shalt notify the other parent when the children will be taken on a vacation or trip for more than two (2) days and shall provide the other parent with the destination and telephone number where the children will be staying. 11. Each party shall cooperate with the other to the maximum extent possible to assure that the best interests and welfare of the children are considered at all times. The welfare and convenience of the children shall be the prime consideration of the parties. Neither party shall do or say anything which may estrange the children from the other parent or outer siblings the natural mother or father may have, injure the opinion of the children as to the other parent or other siblings or hamper the free and natural development of the children's love and respect for the other parent, nor shall the parties permit any third party to do so. 12. Nothing in the Order which will be entered pursuant to this Stipulation prevents the parties from mutually reaching agreements which supplement or even contradict the provisions of this agreement. In the absence of such a mutual agreement, the above provisions, which shall be entered as an Order of Court, shall control. 13. Mother will claim Rebecca and Father will claim Krista as tax exemptions on all tax returns. 14. The custodial parent shall ensure that the children attend any scheduled exhacunicular/sports activities or events that the children are involved in during histher period of custody. If the custodial parent is unable to provide/arrange transportation to and from the activity, the custodial parent shall contact the non-custodial parent to see if he/she is able to provide transportation. STEPHEN D. DAY Father PECAN DAY Mother . TEN A. DAY ss for Father R : ) HWINE Witness for Mother C? ? ? ?:. ?, _„ ?- o _ ,? 4 _} ? s --? - ? ??? PEGAN L. DAY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 96-220 CIVIL ACTION LAW STEPHEN D. DAY IN CUSTODY DI FFNDANT ORDER OF COURT AND NOW, Tuesday, February 28, 2006 _, 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 Tuesday, March 21, 2006 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: /s/ Dawn S. Sunday, Es 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 schedulec 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 47 Olin Ol? °' 7)ko9 ??J ?03?? 9 1 :4 11 0104 0" APR 12006 STEPHEN D. DAY vs. PEGAN L. DAY Plaintiff IN THE COURT OF CUMBERLAND COUNTY, PENNSYLVANIA 96-220 CIVIL ACTION LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this 1:' day of I '1 , 2006, upon consideration of the attached Custody Conciliation Report, rt is ordered and directed as follows: 1. The parties shall submit themselves, their minor Children, and any other individuals deemed necessary to a custody evaluation to be performed by a professional to be selected by agreement between the parties. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will best meet the needs of the Children. All costs of the evaluation shall be shared equally between the parties. The parties shall sign any authorizations deemed necessary by the evaluator in order to obtain additional information pertaining to the parties or the Children. 2. Within 60 days of receipt of the evaluator's recommendations, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference, if necessary. BY THE COURT, !, 4 n A. Hess J. cc: Kenneth F Michael J. Lewis, Esquire - Counsel for Mother Whare, Esquire - Counsel for Father J 0'\? STEPHEN D. DAY Plaintiff vs. PEGAN L. DAY Defendant Prior Judge: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 96-220 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Krista E. Day August 27, 1992 Mother/Father Rebecca L. Day June 22, 1996 Father/Mother 2. A custody conciliation conference was held on April 11, 2006, with the following individuals in attendance: The Father, Stephen D. Day, with his counsel, Michael J. Whare, Esquire, and the Mother, Pegan L. Day, with her counsel, Kenneth F. Lewis, Esquire. 3. The parties agreed to entry of an Order in the form as attached. __/ /a ,& Date' ZL-z"_ Dawn S. Sunday, Esquire Custody Conciliator NOV 15 20066f / STEPHEN D. DAY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 96-220 CIVIL TERM PEGAN L. DAY, Defendant CUSTODY ORDER OF COURT AND NOW, this .70' day of i , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall share legal custody of their children KRISTA E. DAY, born August 27, 1992 and REBECCA L. DAY, born June 22, 1996. Major non-emergency decisions concerning the Children, including, but not limited to, the Children's health, welfare, education and upbringing shall be made by the parties jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the Children's best interests. Each parent shall notify the other of any activity or circumstance concerning the Children that could reasonably be expected to be of concern to the other parent. 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 parent having physical custody of the Children 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 parent 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 parent as authorized by statute. 2. The parties shall have physical custody of the Children as follows: A. During the school year: i. The Father shall have primary physical custody of the Children subject to the Mother's periods of custody as specified in the following paragraph. ii. The Mother shall have custody of the Children on alternating weekends from Thursday at 6:00 p.m. until Sunday at 6:00 p.m. This alternating weekend schedule shall continue uninterrupted from the current weekend schedule. iii. The Mother also shall have custody of the Children on Thursdays preceding the Father's weekends from 6:00 p.m. until the following morning at which time the Mother shall transport the Children to school/daycare on her way to work. In the event that there is no school/daycare and the Mother is working, the Mother shall transport the Children to the Father's residence at 7:00 a.m. ? :1J 1'? V 1, ?,' W Ji: ?'CI B. During the summer break: i. The Mother shall have primary physical custody of the Children, subject to the Father's periods of custody as specified in the following paragraph. The summer break shall begin the first Monday following the end of school and shall end one week before the start of school. ii. The Father shall have custody of the Children on alternating weekends from Thursday at 6:00 p.m. until Sunday at 6:00 p.m. This alternating weekend schedule shall continue uninterrupted from the current weekend schedule. iii. The Father also shall have custody of the Children on Thursdays preceding the Mother's weekends from 6:00 p.m. until the following morning at which time Father will return the children to Mother's residence on his way to work. If the Father is not working on a Friday on which the Mother is also not working, the Father's period of custody shall end at 7:00 a.m. iv. Each parent shall be permitted to have two weeks (consecutive or non-consecutive) of uninterrupted vacation with the children upon providing at least 30 days advance notice to the other parent. The parent providing notice first shall be given preference on his or her selection of vacation dates. The parties shall schedule their periods of custody under this provision to include their regularly scheduled weekends unless otherwise agreed. 3. HOLIDAYS/BIRTHDAYS: A. EASTER: In odd-numbered years, Father shall have custody of the Children from 8:00 a.m. until 7:00 p.m. In even-numbered years, Mother shall have custody of the Children from 8:00 a.m. until 7:00 p.m. B. SPRING SCHOOL BREAK: Subject to Paragraph 3A above (alternating Easter), Mother shall have physical custody of the children during Spring Break from school, which period shall not interfere with the weekend schedule. C. MEMORIAL DAY, FOURTH OF JULY & LABOR DAY: In odd-numbered years, Father shall have Fourth of July and Mother shall have Memorial Day and Labor Day. In even-numbered years, Mother shall have Fourth of July and Father shall have Memorial Day and Labor Day. The periods of custody under this provision shall run from 9:00 a.m. until 7:00 p.m. D. THANKSGIVING: In odd-numbered years, Father shall have custody of the Children on Thanksgiving Day from 10:00 a.m. until 7:00 p.m. and Mother shall have custody on the Friday following Thanksgiving Day from 10:00 a.m. until 7:00 p.m. In even- numbered years, Mother shall have custody of the Children on Thanksgiving Day from 10:00 a.m. until 7:00 p.m. and Father shall have custody on the Friday following Thanksgiving Day from 10:00 a.m. until 7:00 p.m. E. CHRISTMAS: In odd-numbered years, Father shall have custody of the Children from December 24th at 4:00 p.m. until December 25th at 4:00 p.m. and Mother shall have custody from December 25th at 4:00 p.m. until December 26th at 4:00 p.m. In even- numbered years, Mother shall have custody of the Children from December 24th at 4:00 p.m. until December 25th at 4:00 p.m. and Father shall custody from December 25th at 4:00 p.m. until December 26th at 4:00 p.m. F. WINTER SCHOOL BREAK: In addition to the above, Mother shall have custody of the Children for three (3) consecutive days over the Christmas break from school. In the event the parties cannot agree as to these days, they shall be December 27th through December 29th G. NEW YEARS: In odd-numbered years, Mother shall have custody of the Children from December 31St at 5:00 p.m. until January 1St at 10:00 a.m. and Father shall have custody on January 1St from 10:00 a.m. until 7:00 p.m. In even-numbered years, Father shall have custody of the Children from December 31St at 5:00 p.m. until January 1St at 10:00 a.m. and Mother shall have custody on January 1St from 10:00 a.m. until 7:00 p.m. H. Father shall have custody of the Children each Father's Day from 8:00 a.m. until 7:00 p.m. The Mother shall have the Children each Mother's Day from 8:00 a.m. until 7:00 p.m. 1. The non-custodial parent shall have two hours with both Children on each of the Children's birthdays and shall give at least one week's notice to the custodial parent of the two hours to be used. J. The holiday/birthday provisions above shall take priority over any other paragraphs of this Agreement. 4. The parties shall not interfere with the Children's rights to receive, initiate or conduct reasonable telephone/email communications with the other parent, nor shall they permit anyone else to do so. If the Children are not home and a telephone message is left by the other parent, the custodial parent shall have the Children return the call with reasonable promptness, but in any event, within 24 hours from the time of the call. 5. Recognizing it is not always possible or practical to do so, the parties agree to attempt to communicate information regarding the Children via e-mail. The parties agree that the number of emails shall be reasonable. The parties shall exert every reasonable effort to personally respond and review the a-mails of the other within 48 hours unless an immediate response is necessary. 6. The p arent receiving c ustody s hall b e responsible to p rovide t ransportation for the exchange of custody. Unless otherwise agreed upon by the parties, or otherwise specifically set out by this Custody Order exchanges of custody shall take place at the parties' homes. The parent relinquishing custody shall ensure the Children are dressed appropriately for the weather. 7. The parent having physical custody of the Children shall have the duty to immediately advise the other parent of any unusual occurrence, illness or accident (other than e.g. minor cold, minor injury). The parents shall notify each other in advance of any medical or dental appointments scheduled for the Children. If the custodial parent is unable to personally accompany the Children to the appointment, the custodial parent shall provide the non-custodial parent the opportunity to personally accompany the Children to the appointment before making arrangements with third parties. Moreover, the parents shall inform each other in a timely manner after scheduling any such appointments.Absent agreement of the parties or exigent circumstances, the Children shall continue to use the same doctor's and dentist's offices.Both parties must be listed as the primary emergency contacts at any schools, hospitals, doctor's offices and on any other form requiring emergency contacts.The children's home residence shall be listed as Father's residence with regard to schools, hospitals, doctor's offices and on any other form requiring a home residence to ensure continuity regarding the children's records. Father shall have the duty to promptly provide Mother with copies of such records, including notification of all special school activities. 8. In the event that the custodial parent is unable to personally care for the Children during his or her period of custody for an overnight period of longer (or where the Children have special events or activities), that parent shall first contact the other parent to offer the opportunity to provide the care prior to contacting third-party caregivers. 9. The parties shall ensure that theChildren dol not sleep in the same room with an unrelated adult. 10. The parents shall not smoke any tobacco product nor use alcohol while caring for the Children. The parents shall not permit others to smoke in the Children's presence and shall ensure that the Children are not exposed to smoke in public places for an extended period of time. 11. Each parent shall keep the other informed as to their current addresses and telephone numbers. Moreover, the custodial parent shall notify the other parent when the Children will be taken on a vacation or trip for more than two (2) days and shall provide the other parent with the address where the Children will be staying. 12. Each parent shall cooperate with the other to the maximum extent possible to assure that the best interests and welfare of the Children are considered at all times. The welfare and convenience of the Children shall be the prime consideration of the parties. Neither parent shall do or say anything which may estrange the Children from the other parent or other siblings the natural mother or father may have, injure the opinion of the Children as to the other parent or other siblings or hamper the free and natural development of the Children's love and respect for the other parent, nor shall the parties permit any third party to do so. 13. The Mother shall be entitled to claim to claim Rebecca and the Father shall be entitled to claim Krista as tax exemptions on all tax returns until such time as Krista is no longer eligible as a dependent. At that time, Father and Mother will alternate claiming Rebecca with Father having that right the first year after being unable to claim Krista as a dependent. 14. The custodial parent shall ensure that the Children attend any scheduled extracurricular or sports activities, practices or events in which the Children are involved during his or her period of custody. If the custodial parent is unable or unwilling to provide or arrange transportation to and from the activity, the custodial parent shall contact the non-custodial parent to offer the opportunity to provide transportation. 15. 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. All prior Orders are vacated and replaced with this Order. BY THE COURT: Cc: Michael J. Whare, Esquire, Counsel for Father ?`?? n Kenneth F. Lewis, Esquire, Counsel for Mother -!___ ??- °??' "G? STEPHEN D. DAY vs. PEGAN L. DAY Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 96-220 CIVIL ACTION LAW IN CUSTODY Prior Judge: Kevin A. Hess 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Krista E. Day August 27, 1992 Mother/Father Rebecca L. Day June 22, 1996 Father/Mother 2. A custody conciliation conference was held on November 10, 2006, with the following individuals in attendance: The Father, Stephen D. Day, with his counsel, Michael J. Whare, Esquire, and the Mother, Pegan L. Day, with her counsel, Kenneth F. Lewis, Esquire. 3. The parties agreed to entry of an Order in the form as attached. /3 ?-rayC? C? ?( Jd Date Dawn S. Sunday, Esquire Custody Conciliator STEPHEN D. DAY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law No. 96-220 PEGAN L. DAY, Defendant : IN CUSTODY PETITION TO MODIFY CUSTODY AND NOW, comes Stephen D. Day by and through his counsel, Michael J. Whare, Esquire and in support of his Petition to Modify Custody avers as follows: 1. Petitioner is Stephen D. Day, hereinafter referred to as "Father". 2. Defendant is Pegan L. Day, hereinafter referred to as "Mother". 3. The parties are the parents of Krista E. Day, born August 27, 1992 and Rebecca L. Day, born June 22, 1998. 3. On November 20, 2006, The Honorable Kevin A. Hess entered a Custody Order based on an agreement entered into by the parties at the conciliation conference. (Attached as Exhibit A) 4. Since the entry of said Order, there has been a significant change in circumstances in that: a) Mother has been verbally and physically abusive to the children, particularly Krista E. Day. b) Father is concerned that the current custody schedule is not in the children's best interest due to Mother's anger issues. c) Father avers that he is best able to provide the care and nurture that the children need for healthy development. 5. The best interest of the children will be served by the Court modifying said Order. WHEREFORE, Petitioner respectfully requests this Honorable Court grant modification of the Custody Order as follows: Father shall have primary physical custody of children subject to periods of partial physical custody in Mother during the entire year. Respectfully submitted, Date:.,,?, ? 9? &"' Michael I Whare, squire 37 East Pomfret Street Carlisle, PA 17013 Supreme Ct. Id No. 89028 Attorney for Plaintiff STEPHEN D. DAY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law No. 96-220 PEGAN L. DAY, Defendant : IN CUSTODY VERIFICATION I verify that the statements made in this Complaint 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:-?-/?., log vgiiven D y, Petitioner pf 9 k dw&1- NOV 15 200 #1 STEPHEN D. DAY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 96-220 CIVIL TERM PEGAN L. DAY, Defendant CUSTODY ORDER OF COURT AND NOW, this ole 0" day of 7le„r ? , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall share legal custody of their children KRISTA E. DAY, born August 27, 1992 and REBECCA L. DAY, born June 22, 1996. Major non-emergency decisions concerning the Children, including, but not limited to, the Children's health, welfare, education and upbringing shall be made by the parties jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the Children's best interests. Each parent shall notify the other of any activity or circumstance concerning the Children that could reasonably be expected to be of concern to the other parent. 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 parent having physical custody of the Children 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 parent 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 parent as authorized by statute. 2. The parties shall have physical custody of the Children as follows: A. During the school year: i. The Father shall have primary physical custody of the Children subject to the Mother's periods of custody as specified in the following paragraph. ii. The Mother shall have custody of the Children on alternating weekends from Thursday at 6:00 p.m. until Sunday at 6:00 p.m. This alternating weekend schedule shall continue uninterrupted from the current weekend schedule. iii. The Mother also shall have custody of the Children on Thursdays preceding the Father's weekends from 6:00 p.m. until the following morning at which time the Mother shall transport the Children to school/daycare on her way to work. In the event that there is no school/daycare and the Mother is working, the Mother shall transport the Children to the Father's residence at 7:00 a.m. B. During the summer break: i. The Mother shall have primary physical custody of the Children, subject to the Father's periods of custody as specified in the following paragraph. The summer break shall begin the first Monday following the end of school and shall end one week before the start of school. ii. The Father shall have custody of the Children on alternating weekends from Thursday at 6:00 p.m. until Sunday at 6:00 p.m. This alternating weekend schedule shall continue uninterrupted from the current weekend schedule. iii. The Father also shall have custody of the Children on Thursdays preceding the Mother's weekends from 6:00 p.m. until the following morning at which time Father will return the children to Mother's residence on his way to work. If the Father is not working on a Friday on which the Mother is also not working, the Father's period of custody shall end at 7:00 a.m. iv. Each parent shall be permitted to have two weeks (consecutive or non-consecutive) of uninterrupted vacation with the children upon providing at least 30 days advance notice to the other parent. The parent providing notice first shall be given preference on his or her selection of vacation dates. The parties shall schedule their periods of custody under this provision to include their regularly scheduled weekends unless otherwise agreed. 3. HOLIDAYS/BIRTHDAYS: A. EASTER: In odd-numbered years, Father shall have custody of the Children from 8:00 a.m. until 7:00 p.m. In even-numbered years, Mother shall have custody of the Children from 8:00 a.m. until 7:00 p.m. B. SPRING SCHOOL BREAK: Subject to Paragraph 3A above (alternating Easter), Mother shall have physical custody of the children during Spring Break from school, which period shall not interfere with the weekend schedule. C. MEMORIAL DAY, FOURTH OF JULY & LABOR DAY: In odd-numbered years, Father shall have Fourth of July and Mother shall have Memorial Day and Labor Day. In even-numbered years, Mother shall have Fourth of July and Father shall have Memorial Day and Labor Day. The periods of custody under this provision shall run from 9:00 a.m. until 7:00 p.m. D. THANKSGIVING: In odd-numbered years, Father shall have custody of the Children on Thanksgiving Day from 10:00 a.m. until 7:00 p.m. and Mother shall have custody on the Friday following Thanksgiving Day from 10:00 a.m. until 7:00 p.m. In even- numbered years, Mother shall have custody of the Children on Thanksgiving Day from 10:00 a.m. until 7:00 p.m. and Father shall have custody on the Friday following Thanksgiving Day from 10:00 a.m. until 7:00 p.m. E. CHRISTMAS: In odd-numbered years, Father shall have custody of the Children from December 24th at 4:00 p.m. until December 256' at 4:00 p.m. and Mother shall have custody from December 25th at 4:00 p.m. until December 26th at 4:00 p.m. In even- numbered years, Mother shall have custody of the Children from December 24th at 4:00 p.m. until December 25th at 4:00 p.m. and Father shall custody from December 25th at 4:00 p.m. until December 26th at 4:00 p.m. F. WINTER SCHOOL BREAK: In addition to the above, Mother shall have custody of the Children for three (3) consecutive days over the Christmas break from school. In the event the parties cannot agree as to these days, they shall be December 27th through December 291h G. NEW YEARS: In odd-numbered years, Mother shall have custody of the Children from December 316t at 5:00 p.m. until January 1st at 10:00 a.m. and Father shall have custody on January 1" from 10:00 a.m. until 7:00 p.m. In even-numbered years, Father shall have custody of the Children from December 31st at 5:00 p.m. until January 1st at 10:00 a.m. and Mother shall have custody on January 1st from 10:00 a.m. until 7:00 p.m. H. Father shall have custody of the Children each Father's Day from 8:00 a.m. until 7:00 p.m. The Mother shall have the Children each Mother's Day from 8:00 a.m. until 7:00 p.m. 1. The non-custodial parent shall have two hours with both Children on each of the Children's birthdays and shall give at least one week's notice to the custodial parent of the two hours to be used. J. The holiday/birthday provisions above shall take priority over any other paragraphs of this Agreement. 4. The parties shall not interfere with the Children's rights to receive, initiate or conduct reasonable telephone/email communications with the other parent, nor shall they permit anyone else to do so. If the Children are not home and a telephone message is left by the other parent, the custodial parent shall have the Children return the call with reasonable promptness, but in any event, within 24 hours from the time of the call. 5. Recognizing it is not always possible or practical to do so, the parties agree to attempt to communicate information regarding the Children via e-mail. The parties agree that the number of emails shall be reasonable. The parties shall exert every reasonable effort to personally respond and review the a-mails of the other within 48 hours unless an immediate response is necessary. 6. The p arent r eceiving c ustody s hall b e r esponsible t o p rovide t ransportation for the exchange of custody. Unless otherwise agreed upon by the parties, or otherwise specifically set out by this Custody Order exchanges of custody shall take place at the parties' homes. The parent relinquishing custody shall ensure the Children are dressed appropriately for the weather. 7. The parent having physical custody of the Children shall have the duty to immediately advise the other parent of any unusual occurrence, illness or accident (other than e.g. minor cold, minor injury). The parents shall notify each other in advance of any medical or dental appointments scheduled for the Children. If the custodial parent is unable to personally accompany the Children to the appointment, the custodial parent shall provide the non-custodial parent the opportunity to personally accompany the Children to the appointment before making arrangements with third parties. Moreover, the parents shall inform each other in a timely manner after scheduling any such appointments.Absent agreement of the parties or exigent circumstances, the Children shall continue to use the same doctor's and dentist's offices. Both parties must be listed as the primary emergency contacts at any schools, hospitals, doctor's offices and on any other form requiring emergency contacts.The children's home residence shall be listed as Father's residence with regard to schools, hospitals, doctor's offices and on any other form requiring a home residence to ensure continuity regarding the children's records. Father shall have the duty to promptly provide Mother with copies of such records, including notification of all special school activities. 8. In the event that the custodial parent is unable to personally care for the Children during his or her period of custody for an overnight period of longer (or where the Children have special events or activities), that parent shall first contact the other parent to offer the opportunity to provide the care prior to contacting third-party caregivers. 9. The parties shall ensure that theChildren dol not sleep in the same room with an unrelated adult. 10. The parents shall not smoke any tobacco product nor use alcohol while caring for the Children. The parents shall not permit others to smoke in the Children's presence and shall ensure that the Children are not exposed to smoke in public places for an extended period of time. 11. Each parent shall keep the other informed as to their current addresses and telephone numbers. Moreover, the custodial parent shall notify the other parent when the Children will be taken on a vacation or trip for more than two (2) days and shall provide the other parent with the address where the Children will be staying. 12. Each parent shall cooperate with the other to the maximum extent possible to assure that the best interests and welfare of the Children are considered at all times. The welfare and convenience of the Children shall be the prime consideration of the parties. Neither parent shall do or say anything which may estrange the Children from the other parent or other siblings the natural mother or father may have, injure the opinion of the Children as to the other parent or other siblings or hamper the free and natural development of the Children's love and respect for the other parent, nor shall the parties permit any third party to do so. 13. The Mother shall be entitled to claim to claim Rebecca and the Father shall be entitled to claim Krista as tax exemptions on all tax returns until such time as Krista is no longer eligible as a dependent. At that time, Father and Mother will alternate claiming Rebecca with Father having that right the first year after being unable to claim Krista as a dependent. 14. The custodial parent shall ensure that the Children attend any scheduled extracurricular or sports activities, practices or events in which the Children are involved during his or her period of custody. If the custodial parent is unable or unwilling to provide or arrange transportation to and from the activity, the custodial parent shall contact the non-custodial parent to offer the opportunity to provide transportation. 15. 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. All prior Orders are vacated and replaced with this Order. BY THE COURT: 1S yam,.: Kevin A. Hess Cc: Michael J. Whare, Esquire, Counsel for Father Kenneth F. Lewis, Esquire, Counsel for Mother TRUE COPY FROM RECORD In Tom" wherw, I hen unto am my ha+d ind the a ll of said Court at CO Me. Pa. rhk X70 -- y n . Prathona?ar?r t STEPHEN D. DAY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 96-220 CIVIL ACTION LAW PEGAN L. DAY : Defendant IN CUSTODY Prior Judge: Kevin A. Hess 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Krista E. Day August 27, 1992 Mother/Father Rebecca L. Day June 22, 1996 Father/Mother 2. A custody conciliation conference was held on November 10, 2006, with the following individuals in attendance: The Father, Stephen D. Day, with his counsel, Michael J. Whare, Esquire, and the Mother, Pegan L. Day, with her counsel, Kenneth F. Lewis, Esquire. 3. The parties agreed to entry of an Order in the form as attached. /3 a-ovC? CSC ? r Date Dawn S. Sunday, Esquire Custody Conciliator r-a ?, ??'y ' ? p ? `?_ r`. - t ?i ?y r„?? C ., '? E " c} y "'r- b, ' " t 1 ? _? ? ? ..? -?? t ? ? ? t? ' '?..? C•' t --5. ('?+ STEPHEN D. DAY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. PEGAN L. DAY DEFENDANT 1996-220 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, February 28, 2008 , 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, March 26, 2008 at 12:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunda Es q. Custody Conciliator 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 ? ?? .?= ? ??y ?? ??? ? ?'???` ??J ??? ? ??? ? ^L ?:? .,, ;r?< _?.? APR 18 2008r STEPHEN D. DAY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 1996-220 CIVIL ACTION LAW PEGAN L. DAY Defendant IN CUSTODY ORDER OF COURT AND NOW, this 18` day of % , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall submit themselves and their minor Children to a supplemental custody evaluation to be performed by Deborah L. Salem. The purpose of the evaluation shall be to obtain independent professional guidance and recommendations concerning the issues raised by the Father in his Petition to Modify Custody. All costs of the supplemental assessment shall be shared equally between the parties. 2. Pending completion of the supplemental evaluation and further agreement of the parties, or Order of Court, the parties shall follow the Children and Youth Services' recommendations dated February 13, 2008. 3. The parties agree that, as recommended by Children and Youth Services, the Children will retain possession of their cell phones with the exception of the time period from bedtime until the next morning during which the parents may retain possession of the cell phones. The Father shall make the cellular phone records for the Child/Children's cell phones available to the Mother on an ongoing basis. 4. Within sixty (60) days of completion of the supplemental custody evaluation and receipt of the evaluator's written guidance/recommendations, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference, if necessary. BY THE COURT, Kevin A ss J. cc: 'Michael J. Whare, Esquire - Counsel for Father Kenneth F. Lewis, Esquire - Counsel for Mother t E??S' m.? t LAC, t. F t 1 ll AMY 2C,u Ulf, 2 aF i ' ? STEPHEN D. DAY Plaintiff vs. PEGAN L. DAY Defendant Prior Judge: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 1996-220 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Krista E. Day August 27, 1992 Father Rebecca L. Day June 22, 1998 Father 2. A custody conciliation conference was held on April 15, 2008, with the following individuals in attendance: the Father, Stephen D. Day, with his counsel, Michael J. Whare, Esquire, and the Mother, Pegan L. Day, with her counsel, Kenneth F. Lewis, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator STEPHEN D. DAY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law No. 96-220 PEGAN L. DAY, Defendant : IN CUSTODY STIPULATION AND CUSTODY AGREEMENT This Stipulation and Custody Agreement is made this day of TV4 2008 by and between Stephen D. Day (Hereinafter referred to as "Fathe and Pegan L. Day (Hereinafter referred to as "Mother"). WHEREAS, Mother and Father are the natural parents of two children, namely, Krista E. Day, date of birth, August 27, 1992, age 15; and Rebecca L. Day, date of birth, June 22,,LM, age l , and lq% 1A WHEREAS, Mother and Father have reached an agreement relative to the future care, custody and visitation of their children, the terms of which agreement both parties desire to set forth in the present Stipulation and Custody Agreement, and; WHEREAS, Mother and Father desire the provisions of the present Stipulation and Custody Agreement be approved by the Honorable Court of Common Pleas of Cumberland County and entered as a Court Order, with the same force and effect as though said Order had been entered after Petition, Notice and Hearing. This Stipulation and Custody Agreement modifies the previous Order of Court entered on November 20, 2006 by the Honorable Kevin A. Hess. NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree to modify the current custody order as follows: 1. During the summer of 2008, Father shall have primary physical custody of the children. Mother shall hake partial physical custody every other weekend from Friday at f K.V 6:00 p.m. until Sundty at 6:00 p.m. Also, Mother will have the children for vacation from August 1 through August 8, 2008. 2. Mother is directed to continue with Cumberland County Children and Youth's directive to attend anger management therapy. This therapy is not intended to include the children. 3. Mother is directed to secure a family therapist for her and the children who will assist them in improving mother's skills at dealing with their resistance and the children's response to past problems with mother. The goal of this therapy is to promote more productive relating between mother and the children so that the children's issues are resolved and they can return to the more expanded summer schedule with mother in 2009. 4. In order to recommend a summer schedule for 2009, the selected therapist is required to provide a report to Deborah L. Salem, the custody evaluator, no later than April 30, 2009. This report shall include: the number of sessions attended, the goals of the sessions, a synopsis of the accomplishments in therapy, and a prognosis/recommendation for the children's schedule with their mother for the summer of 2009. 5. Mother and Father are directed to establish a parallel parenting plan facilitated by no more than three sessions with a co-parenting therapist who will assist them in determining those areas of discipline that require consistency between the households. 6. All other provisions of the Order dated November 20, 2006, shall remain in full force and effect. 7. Both parties agree that the terms of this agreement have been fully explained to them by their respective legal counsel or that both parties have had the opportunity to have legal counsel review and fully explain the terms of this agreement. Mother is represented by Kenneth F. Lewis, Esquire. Father is represented by Michael J. Whare, Esquire. 8. The parties hereto agree that this agreement shall be recorded and incorporated into an Order enforceable by the Court. 9. Consented to: -Dat 9,bler 01 - Da te 10 b$ Date Date Steph Michael J. Whare i r- --; 71 P; 9 l'- co ` AUG 0 5 200867 STEPHEN D. DAY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law No. 96-220 PEGAN L. DAY, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this r day of,, , , 2008, based upon the Stipulation of the parties, the Court hereby modifies the current custody order of November 20, 2006 as follows: 1. During the summer of 2008, Father shall have primary physical custody of the children. Mother shall have partial physical custody every other weekend from Friday at 6:00 p.m. until Monday day at 6:00 p.m. Also, Mother will have the children for vacation from August 1 through August 8, 2008. 2. Mother is directed to continue with Cumberland County Children and Youth's directive to attend anger management therapy. This therapy is not intended to include the children. 3. Mother is directed to secure a family therapist for her and the children who will assist them in improving mother's skills at dealing with their resistance and the children's response to past problems with mother. The goal of this therapy is to promote more productive relating between mother and the children so that the children's issues are resolved and they can return to the more expanded summer schedule with mother in 2009. v 4. In order to recommend a summer schedule for 2009, the selected therapist is required to provide a report to Deborah L. Salem, the custody evaluator, no later than April 30, 2009. This report shall include: the number of sessions attended, the goals of the sessions, a synopsis of the accomplishments in therapy, and a prognosis/recommendation for the children's schedule with their mother for the summer of 2009. 5. Mother and Father are directed to establish a parallel parenting plan facilitated by no more than three sessions with a co-parenting therapist who will assist them in determining those areas of discipline that require consistency between the households. All other provisions of the Order dated November 20, 2006, shall remain in full force and effect. BY THE COURT, n irvA? Hess, J. cc c%* el J. Whare, Esq., Counsel for Father enneth F. Lewis, Esq., Counsel for Mothe i ce) ?i Ai STEVEN D. DAY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law No. 96-220 PEGAN L. DAY, Defendant : IN CUSTODY PETITION TO MODIFY CUSTODY lr J V1.C_..l AND NOW, comes Steven D. Day by and through his counsel, Michael J. Whare, Esquire and in support of his Petition to Modify Custody avers as follows: 1. Petitioner is Steven D. Day, hereinafter referred to as "Father". 2. Respondent is Pegan L. Day, hereinafter referred to as "Mother". 3. The parties are the parents of Krista E. Day, born August 27, 1992 and Rebecca L. Day, born June 22, 1996. 4. On November 20, 2006, The Honorable Kevin A. Hess entered a Custody Order based on an agreement entered into by the parties at the conciliation conference. (Attached as Exhibit A) 5. On August 7, 2008, The Honorable Kevin A. Hess entered a Custody Order based on an agreement entered into by the parties modifying some provisions of the prior Order dated November 20, 2006. (Attached as Exhibit B) 6. Since the entry of said Orders, there has been a significant change in circumstances in that: a) Mother has been verbally abusive to the children, particularly Krista E. Day. b) The children were forced to run away from mother's residence during the most recent visit due to continuing conflict between mother and children. c) Father is concerned that the current custody schedule is not in the children's best interest due to Mother's anger issues. d) Father avers that he is best able to provide the care and nurture that the children need for healthy development. 7. The best interest of the children will be served by the Court modifying said Order. WHEREFORE, Petitioner respectfully requests this Honorable Court grant modification of the Custody Order as follows: Father shall have primary physical custody of children subject to periods of partial physical custody for Mother with Rebecca and visitation with Krista as agreed upon by the parties. Respectfully submitted, Date: _ ' ?- Michael 3. Whar , Esquire 37 East Pomftet Street Carlisle, PA 17013 Supreme Ct. Id No. 89028 Attorney for Petitioner STEVEN D. DAY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law No. 96-220 PEGAN L. DAY, Defendant : IN CUSTODY ATTORNEY VERIFICATION 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. § 4904 relating to unworn falsification to authorities. Date: ?) t? ? LA Michael J. Whare, E S4. Cq 9 4 d"^' 61 NOV 15 20%^1 STEPHEN D. DAY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 96-220 CIVIL TERM PEGAN L. DAY, Defendant : CUSTODY ORDER OF COURT AND NOW, this ole = day of 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall share legal custody of their children KRISTA E. DAY, born August 27, 1992 and REBECCA L. DAY, born June 22, 1996. Major non-emergency decisions concerning the Children, including, but not limited to, the Children's health, welfare, education and upbringing shall be made by the parties jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the Children's best interests. Each parent shall notify the other of any activity or circumstance concerning the Children that could reasonably be expected to be of concern to the other parent. 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 parent having physical custody of the Children 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 parent 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 parent as authorized by statute. 2. The parties shall have physical custody of the Children as follows: A. During the school year: i. The Father shall have primary physical custody of the Children subject to the Mother's periods of custody as specified in the following paragraph. ii. The Mother shall have custody of the Children on alternating weekends from Thursday at 6:00 p.m. until Sunday at 6:00 p.m. This alternating weekend schedule shall continue uninterrupted from the current weekend schedule. iii. The Mother also shall have custody of the Children on Thursdays preceding the Father's weekends from 6:00 p.m. until the following morning at which time the Mother shall transport the Children to school/daycare on her way to work. In the event that there is no school/daycare and the Mother is working, the Mother shall transport the Children to the Father's residence at 7:00 a.m. B. During the summer break: i. The Mother shall have primary physical custody of the Children, subject to the Father's periods of custody as specified in the following paragraph. The summer break shall begin the first Monday following the end of school and shall end one week before the start of school. ii. The Father shall have custody of the Children on alternating weekends from Thursday at 6:00 p.m. until Sunday at 6:00 p.m. This alternating weekend schedule shall continue uninterrupted from the current weekend schedule. iii. The Father also shall have custody of the Children on Thursdays preceding the Mother's weekends from 6:00 p.m. until the following morning at which time Father will return the children to Mother's residence on his way to work. If the Father is not working on a Friday on which the Mother is also not working, the Father's period of custody shall end at 7:00 a.m. iv. Each parent shall be permitted to have two weeks (consecutive or non-consecutive) of uninterrupted vacation with the children upon providing at least 30 days advance notice to the other parent. The parent providing notice first shall be given preference on his or her selection of vacation dates. The parties shall schedule their periods of custody under this provision to include their regularly scheduled weekends unless otherwise agreed. 3. HOLIDAYS/BIRTHDAYS: A. EASTER: In odd-numbered years, Father shall have custody of the Children from 8:00 a.m. until 7:00 p.m. In even-numbered years, Mother shall have custody of the Children from 8:00 a.m. until 7:00 p.m. B. SPRING SCHOOL BREAK: Subject to Paragraph 3A above (alternating Easter), Mother shall have physical custody of the children during Spring Break from school, which period shall not interfere with the weekend schedule. C. MEMORIAL DAY, FOURTH OF JULY & LABOR DAY: In odd-numbered years, Father shall have Fourth of July and Mother shall have Memorial Day and Labor Day. In even-numbered years, Mother shall have Fourth of July and Father shall have Memorial Day and Labor Day. The periods of custody under this provision shall run from 9:00 a.m. until 7:00 p.m. D. THANKSGIVING: In odd-numbered years, Father shall have custody of the Children on Thanksgiving Day from 10:00 a.m. until 7:00 p.m. and Mother shall have custody on the Friday following Thanksgiving Day from 10:00 a.m. until 7:00 p.m. In even- numbered years, Mother shall have custody of the Children on Thanksgiving Day from 10:00 a.m. until 7:00 p.m. and Father shall have custody on the Friday following Thanksgiving Day from 10:00 a.m. until 7:00 p.m. Ir E. CHRISTMAS: In odd-numbered years, Father shall have custody of the Children from December 24th at 4:00 p.m. until December 25th at 4:00 p.m. and Mother shall have custody from December 25th at 4:00 p.m. until December 26th at 4:00 p.m. In even- numbered years, Mother shall have custody of the Children from December 24th at 4:00 p.m. until December 25th at 4:00 p.m. and Father shall custody from December 25th at 4:00 p.m. until December 26th at 4:00 p.m. F. WINTER SCHOOL BREAK: In addition to the above, Mother shall have custody of the Children for three (3) consecutive days over the Christmas break from school. In the event the parties cannot agree as to these days, they shall be December 27th through December 29th G. NEW YEARS: In odd-numbered years, Mother shall have custody of the Children from December 31St at 5:00 p.m. until January 1St at 10:00 a.m. and Father shall have custody on January 1St from 10:00 a.m. until 7:00 p.m. In even-numbered years, Father shall have custody of the Children from December 31St at 5:00 p.m. until January 1St at 10:00 a.m. and Mother shall have custody on January 1St from 10:00 a.m. until 7:00 p.m. H. Father shall have custody of the Children each Father's Day from 8:00 a.m. until 7:00 p.m. The Mother shall have the Children each Mother's Day from 8:00 a.m. until 7:00 p.m. 1. The non-custodial parent shall have two hours with both Children on each of the Children's birthdays and shall give at least one week's notice to the custodial parent of the two hours to be used. J. The holiday/birthday provisions above shall take priority over any other paragraphs of this Agreement. 4. The parties shall not interfere with the Children's rights to receive, initiate or conduct reasonable telephone/email communications with the other parent, nor shall they permit anyone else to do so. If the Children are not home and a telephone message is left by the other parent, the custodial parent shall have the Children return the call with reasonable promptness, but in any event, within 24 hours from the time of the call. 5. Recognizing it is not always possible or practical to do so, the parties agree to attempt to communicate information regarding the Children via e-mail. The parties agree that the number of emails shall be reasonable. The parties shall exert every reasonable effort to personally respond and review the a-mails of the other within 48 hours unless an immediate response is necessary. 6. The p arent r eceiving c ustody s hall b e r esponsible t o p rovide t ransportation for the exchange of custody. Unless otherwise agreed upon by the parties, or otherwise specifically set out by this Custody Order exchanges of custody shall take place at the parties' homes. The parent relinquishing custody shall ensure the Children are dressed appropriately for the weather. 7. The parent having physical custody of the Children shall have the duty to immediately advise the other parent of any unusual occurrence, illness or accident (other than e.g. minor cold, minor injury). The parents shall notify each other in advance of any medical or dental appointments scheduled for the Children. If the custodial parent is unable to personally accompany the Children to the appointment, the custodial parent shall provide the non-custodial parent the opportunity to personally accompany the Children to the appointment before making arrangements with third parties. Moreover, the parents shall inform each other in a timely manner after scheduling any such appointments.Absent agreement of the parties or exigent circumstances, the Children shall continue to use the same doctor's and dentist's offices.Both parties must be listed as the primary emergency contacts at any schools, hospitals, doctor's offices and on any other form requiring emergency contacts.The children's home residence shall be listed as Father's residence with regard to schools, hospitals, doctor's offices and on any other form requiring a home residence to ensure continuity regarding the children's records. Father shall have the duty to promptly provide Mother with copies of such records, including notification of all special school activities. 8. In the event that the custodial parent is unable to personally care for the Children during his or her period of custody for an overnight period of longer (or where the Children have special events or activities), that parent shall first contact the other parent to offer the opportunity to provide the care prior to contacting third-party caregivers. 9. The parties shall ensure that theChildren dol not sleep in the same room with an unrelated adult. 10. The parents shall not smoke any tobacco product nor use alcohol while caring for the Children. The parents shall not permit others to smoke in the Children's presence and shall ensure that the Children are not exposed to smoke in public places for an extended period of time. 11. Each parent shall keep the other informed as to their current addresses and telephone numbers. Moreover, the custodial parent shall notify the other parent when the Children will be taken on a vacation or trip for more than two (2) days and shall provide the other parent with the address where the Children will be staying. .r 12. Each parent shall cooperate with the other to the maximum extent possible to assure that the best interests and welfare of the Children are considered at all times. The welfare and convenience of the Children shall be the prime consideration of the parties. Neither parent shall do or say anything which may estrange the Children from the other parent or other siblings the natural mother or father may have, injure the opinion of the Children as to the other parent or other siblings or hamper the free and natural development of the Children's love and respect for the other parent, nor shall the parties permit any third party to do so. 13. The Mother shall be entitled to claim to claim Rebecca and the Father shall be entitled to claim Krista as tax exemptions on all tax returns until such time as Krista is no longer eligible as a dependent. At that time, Father and Mother will alternate claiming Rebecca with Father having that right the first year after being unable to claim Krista as a dependent. 14. The custodial parent shall ensure that the Children attend any scheduled extracurricular or sports activities, practices or events in which the Children are involved during his or her period of custody. If the custodial parent is unable or unwilling to provide or arrange transportation to and from the activity, the custodial parent shall contact the non-custodial parent to offer the opportunity to provide transportation. 15. 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. All prior Orders are vacated and replaced with this Order. BY THE COURT: Kevin A. Hess Cc: Michael J. Whare, Esquire, Counsel for Father Kenneth F. Lewis, Esquire, Counsel for Mother TRUE COPY FROM RECORD in Tadmolln? whereof, I hens un* set n y hand ind the sill of said Court at Carl*, Pa. rhk do-- y o i kaw Prothofarr STEPHEN D. DAY Plaintiff VS. PEGAN L. DAY Defendant Prior Judge: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 96-220 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Krista E. Day August 27, 1992 Mother/Father Rebecca L. Day June 22, 1996 Father/Mother 2. A custody conciliation conference was held on November 10, 2006, with the following individuals in attendance: The Father, Stephen D. Day, with his counsel, Michael J. Whare, Esquire, and the Mother, Pegan L. Day, with her counsel, Kenneth F. Lewis, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator AUG 0 5 200867 STEPHEN D. DAY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : Civil Action- Law No. 96-220 PEGAN L. DAY, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this '_--! '-1- day of 2008, based upon the Stipulation of the parties, the Court hereby modi At the current custody order of November 20, 2006 as follows: 1. During the summer of 2008, Father shall have primary physical custody of the children. Mother shall have partial physical custody every other weekend from Friday at 6:00 p.m. until Monday day at 6:00 p.m. Also, Mother will have the children for vacation from August 1 through August 8, 2008. - 2. Mother is directed to continue with Cumberland County Children and Youth's directive to attend anger management therapy. This therapy is not intended to include the children. 3. Mother is directed to secure a family therapist for her and the children who will assist them in improving mother's skills at dealing with their resistance and the r children's response to past problems with mother. The goal of this therapy is to promote more productive relating between mother and the children so that the children's issues are resolved and they can return to the more expanded summer schedule with mother in 2009. 4. In order to recommend a summer schedule for 2009, the selected therapist is required to provide a report to Deborah L. Salem, the custody evaluator, no later than April 30, 2009. This report shall include: the number of sessions attended, the goals of the sessions, a synopsis of the accomplishments in therapy, and a prognosistrecommendation for the children's schedule with their mother for the summer of 2009. 5. Mother and Father are directed to establish a parallel parenting plan facilitated by no more than three sessions with a co-parenting therapist who will assist them in determining those areas of discipline that require consistency between the households. All other provisions of the Order dated November 20, 2006, shall remain in full force and effect. BY THE COURT, 45, J. Kevin A/Hess, cc: Michael J. Whare, Esq., Counsel for Father Kenneth F. Lewis, Esq., Counsel for Mother T CO Y f. h1At 1 lees "s?9y' d Pa. Op THr 2009 DEC 23 A 9: 0 J fill, ???.// ° A?? be'- 7.35 39/ STEVEN D. DAY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. PEGAN L. DAY DFFFNDANT 1996-220 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, January 04, 2010 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, January 20, 2010 at 3:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinp,. FOR THE COURT. By: /s/ Dawn S. Sunda 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 .Aa>?'RK OF THE PROTHONOTARY 2010 JAN -6 AM 11' 27 PENN?,SYLVANA JAN 2 ? 2010% STEPHEN D. DAY Plaintiff vs. PEGAN L. DAY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Defendant 1996-220 IN CUSTODY ORDER CIVIL ACTION LAW n Q -0 IJ m -13 r , AND NOW, this 191h day of January, 2010 , the conciliator, being advised by Plaintiff/Petitioner's counsel that all custody issues have been resolved by agreement between the parties, hereby relinquishes jurisdiction. The custody conciliation conference scheduled for January 20, 2010 is cancelled. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator