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Home My WebLink About02-5192 Law Offices of Lee E. Oesterling, LLC 42 East Main Street Mechanicsburg, P A 17055 (717)-790-5400 IN THE COURT OF COMMON PLEAS FOR THE 9th JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. CALHOUN, Plaintiff / Petitioner, No. O;t. S-/ ?.u r:TVrr TFRM v. Civil Action - Special Relief CustodyNisitation Emergency Petition to Prevent Removal of Children from Jurisdiction ELLEN J. CALHOUN Defendant / Respondent FMRRr.FNr:V PFTTTTON FOR ['TTSTOnV AND NOW, comes Petitioner, John R Calhoun, by and through his attorney Lee E. Oesterling, Esquire, and in response and pursuant to Pa. RC.P. 1915.13 files this Emergency Petition for Custody and avers as follows: 1. Petitioner is John R Calhoun, father of the minor children Hayden J. Calhoun (5 y/o) and Christian A. Calhoun (3 y/o) (hereinafter" children")and Plaintiff in the underlying custody action, with a present mailing address of706 Meadow Drive, Camp Hill, PA 17011. 2. Respondent is Ellen J. Calhoun, mother of the children and Defendant in the underlying custody action, who left the custodial domicile at 706 Meadow Drive, Camp Hill, PA and who currently is secreting her whereabouts and is believed to be removing the children from the Commonwealth and from the jurisdiction of this court. 3. Father presently has maintained a residence with mother and their children at 706 Camp Hill, PA 17011. 4. Father has filed an action in custody contemporaneously with this Petition. 5. On or about October 19, 2002 mother surreptitiously removed the children from the marital and custodial domicile without father' s knowledge or consent. After several hours, mother notified Petitioner that she was en route to her parent' s home in Massachusetts. 6. After prompting from father, mother did return to the Camp Hill residence on or about October 20, 2002 with the children. 7. On or about October 23, 2002, mother again removed the children from the custodial domicile and again secreted her whereabouts. Through father' s communications with mother' s family father believes and therefore avers that mother is traveling with the children and staying at various hotel rooms. Father further believes that it is mother' s intention to permanently remove the children from Pennsylvania. 8. Despite the absence of a custody order, Pennsylvania is the " home state" in accordance with the Uniform Child Custody Jurisdiction Act as the parties have lived Cumberland County for at least 6 months and in fact have been residents of Cumberland County for several years. 9. Father believes and therefore avers that the removal of the oldest child from school and the removal of both children from the custodial domicile has a substantial impact upon the custodial status quo and therefore requires mother to seek redress from the court prior to relocation. 10. Father believes and therefore avers that mother' s present mental and emotional state makes her behavior erratic and makes her presently unable to care properly for the children. More specifically, mother has recently been involuntarily committed and hospitalized under 50 Pa.C.S. ~302 as being a threat to herself and others. Mother has further suffered from psychosis as evidenced by auditory hallucinations and other mood instability. II. Since her recent discharge from Holy Spirit Hospital, mother has been non-compliant with her medications and her follow up treatment thus leading to her further mood and affective instability . relief: 12. Father believes that mother' s current conduct is related to her condition and as such feels that her insight and judgment are impaired regarding the interests of the children 13. Father believes and therefore avers that best interests of the children, will be served by (a) Placing the child in the custody of father and limiting mother to supervised visitation pending a conciliation conference or until further order of this Court. WHEREFORE, Petitioner respectfully requests that the court grant the following (1) Enter an Order granting primary custody to the Petitioner and restricting physical custody of respondent to supervised visitation pending further hearing. . ted, Lee E. Oesterling, Esquire Attorney for Plaintiff Petitioner 42 East Main Street Mechanicsburg, PA 17055 (717) 790-5400 ID # 71320 VFRTFTrATTON I verifY that upon personal knowledge or infonnation and belief that the statements made in this Petiton 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. ~2~ Date: 10-7';-07 ..... Iv - 8 ~ ~ t9 ~ () ;p r (;W C'/ ~ (") c- ~ l:.,l -:~ ruF <-. Gji;, FS,:; ;,,-...-... ~, zc> ~.c) Pc=-' :z -.. -< :~=; ','::) .., -< f',) U. --' :~~-"- ~ r:- .;::- O. OC~DD2 IN THE COURT OF COMMON PLEAS FOR THE 9th JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYL VANIA JOHN R. CALHOUN, ~ Plaintiff / Petitioner, No. 0.1.- $/9:L rTVTT TFRM v. Civil Action - Special Relief CustodyNisitation Emergency Petition to Prevent Removal of Children from Jurisdiction ELLEN'J, CALHOUN ~~. . > Defendant / Respondent ORnRR ~ , ~ AND NOW, this ;).5 day of o~ , 2002, on consideration ~,' .. of the Emergency Petition to Prevent Removal of Children From Jurisdiction Pursuant to Pa. R.c.P. 1915.13, it is hereby ORDERED and DECREED that Petitioner John R. Calhoun, b~ d d h . 1 d fth . h.ldr d' ~, ^.n~) tIVl~ awar e temporary P YSlca custo IY?~ mInor C 1 en, pen mg.b--i.... ........ ...n.Oil 'ItlON. S .. -: '~"'"n. J _ J,.,JJ.I ~c:N. ~ VV' C>~ ~rJ ;'(0). ..;r. /: oal.,I/1. IJ.~- --, to "... Ilfjll.u'_JJ'lI~'^'M.V'lOta~, 1IR~-~0I1.118nll~llL~",l iiiRlhiJj!r__l.,~l'=uc". t, /l 17(J(3 ~ (4.... p::, + lO" t~~ ~ ~ ~ c.J.; I Co ~ BYTIIE~_ ~ J. , ,'..-..-......... \;IIN\ii\l'\S~~N3d I I N'r'~}" r\:'Jl!"~'J_8\l\ln~ /\JJ' jl~. ,-<' "'c" -...; ,., ~ .... ':.)'U "1") LlJ:'l Pd ,.(.;1 c )OlstlaJ ,b<""l~ "1iti ~"tJ J..T,~~c! ~'r~ Gf-~~'\V Q10100 I;: JOHN R. CALHOUN, Plaintiff/petitioner V. ELLEN J. CALHOUN, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-5192 CIVIL TERM ORDER OF COURT AND NOW, this 28th day of October, 2002, by agreement of the parties, our order of October 25, 2002, is vacated. The parties shall have shared legal and physical custody of the children, and neither party shall change the children's residence from 706 Meadow Drive, Camp Hill, pennsylvania, absent further Order of Court, Lee E. Oesterling, Esquire For the plaintiff/petitioner Susan Candiello, Esquire For the Defendant/Respondent lt Edward E. Guido, J, ~,~ /0 _ .2'?, (J.L> C)--. 'rJ!'!}I;f!J..SNNjd )J.Nn: J , , /, :""''' i~_,^,,",,, -'.-'.., '-',:" ''''',-'',':f; ~f Iv tjl' '7 t'.1 v .c.. '_I\] FJ21JD20 ),&''''IC I . '~i::i~::'~.UT;U U. :J C) Law Offices of Lee E, Oesterling & Associates, LLC 42 East Main Street Mechanicsburg, P A 17055 (717)-790-5400 IN THE COURT OF COMMON PLEAS FOR THE NINTH JUDICIAL DISTRICT, CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. CALHOUN : NO, 01. ' 5'1 q ~ rA:..;:1 Ie...- Plaintiff, v. : Civil Action - Custody ELLEN J. CALHOUN Defendant COMPL~FORCUSTODY 1. The Plaintiff is John R. Calhoun, an adult individual, sui juris, who resides at 706 Meadow Drive, City of Camp Hill, County of Cumberland, Commonwealth of Pennsylvania, 17011. 2, The Defendant is Ellen J. Calhoun, an adult individual, sui juris, whose known mailing address is 706 Meadow Drive, City of Camp Hill, County of Cumberland, Commonwealth of Pennsylvania, 17011, 3. Plaintiff seeks custody of the following children: Name Present Residence Age Hayden J. Calhoun 706 Meadow Drive, Camp Hill, P A 17011 5 y/o (12-5-96) Christian A. Calhoun 706 Meadow Drive, Camp Hill, P A 17011 3y/o (12-3-98) 4. The children were born in wedlock. 5, The children are presently in the custody of Plaintiff. 6. During the past five years, the children have resided with the following persons and at the following addresses: Person Address Dates John R. and Ellen J. Calhoun 706 Meadow Drive, Camp Hill, Pa John R. and Ellen Calhoun Allenview Drive, Mechanicsburg, Pa 1999 to present 1997-1999 7. The mother of the child is Ellen J. Calhoun. 8. She is married, 9. The father of the child is John R. Calhoun. 10. He is married. 11. The relationship of plaintiff to the child is that of biological father, 12. The plaintiff currently resides with the following persons: Name Relationship Ellen J. Calhoun Hayden Calhoun Christian Calhoun Wife Son Son 13. The relationship of defendant to the child is that of biological mother. 14, The defendant currently resides with the following persons: Name Relationship John R. Calhoun Hayden Calhoun Christian Calhoun Husband Son Son 15. Plaintiffhas 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. 16. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth, 17. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 18. The best interest and permanent welfare of the child will be served by granting the relief requested because: a, Plaintiffhas been the custodian and caregiver of the children since birth. b, Plaintiff has maintained a relationship with the children that has provided for the physical, intellectual, emotional and spiritual well being of the children, c. Plaintiff has maintained the children's contacts with extended family and friends, d. Plaintiff has legal right to continued residence in the marital residence to which the children are familiar and comfortable with, e, Plaintiff avers that defendant's conduct is erratic and unstable to the extent that s he was recently committed involuntarily to a mental health facility under 50 Pa C.S.9302. Plaintiff further avers that defendant poses a substantial risk of removing the children from the state and therefore attempting to thwart the jurisdiction of the Pennsylvania Court. 19. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, named who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: Name NONE Address Basis of Claim WHEREFORE, plaintiff, John R. Calhoun, requests the court to grant him custody of the children. Respectfully Submitted, bX' Lee . Oester , squire Attorney I.D,# 71320 42 East Main Street Mechanicsburg, P A 17055 (717) 790-5400 Attorney for Plaintiff, John R. Calhoun VRRTFTrATTON I verify that upon personal knowledge or infonnation and belief 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, 94904, relating to unswo fal' cation to authorities, t .fA 0 ::-:1 c:: Yo',:; - ;2' '-:> -r,'-:':"; 0 J~( , -< .~ ~C- f',_' (> -~ U r' ~ <' "'" ~~~: t -,- ;~~ (: ~ :..,,) z =< r-- ~~ -V () _..J -< F Law Offices of Lee E. Oesterling, LLC 42 East Main Street Mechanicsburg, PA 17055 (717) 790-5400 IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYL VANIA JOHN R. CALHOUN Plaintiff, No. ::>007.- 'i 19::> v. Civil Action - Custody ELLEN J. CALHOUN Defendant ACCRPT A NCR OF SRRVTCR _ I accept service of the Complaint in Custody in the above-captioned matter. I acknowledge that I am the Defendant in said matter or that I am authorized to accept on behalf of the Defendant. 1\ /04. Iou Dati ! MAILING ADDRESS r d f?c:l,~~ (t7D 1Vj~<YnL-<zd.?tJ '0 {> 11 If 0 '" 0 (") CJ '-l c: r.......) "::h ~~ Z -0 IT- C) rn r! ','JlJ:::: z--:r; I 7[- U~":: -.J -....... r- C~i ~ '-' s.~ C -'-':h ~"- 0 1:"T--::::; ;~t r C --;..- ~),.,~ L_ :.J1 :D -;I -, CO -< PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. CALHOUN v, 02-5192 CIVIL ACTION LAW ELLEN J, CALHOUN DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, November 14, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesd:lY, November 27, 2002 , the conciliator, at 1:00 PM for 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 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 existilllg Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Isl Dawn S, Sunda~y, Esq. Custody Conciliator o The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990, For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing, YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 <~~~~~; ~/~r-~~~ ~ ~~~~-n '\'" 1 ~i'<N3d "- Vl'1i\ I/\~ '''''''1''("\' I '_.(\' (-.,:'\'\r\~,,\-:::;'~-~';;,\ ,,V "li''1J.J' " I .,' , ~_,;, iq ~ . ,; 4 ',' ~'1 ' 'J " f',";' '\ '1 :U\ ' '. \C7 bI.// ('0- bl.// ~(J.J/ 'JI JOHN R. CALHOUN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 02-5192 CNIL ACTION LAW ELLEN J. CALHOUN, Defendant IN CUSTODY ORDER OF COURT AND NOW, this ~'" day of ~ I.~ .. 6' , 2J upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, John R. Calhoun, and the Mother, Ellen J. Calhoun, shall have shared legal and physical custody of Hayden J. Calhoun, born December 5, 1996, and Christian A. Calhoun, born December 3, 1998. 2. Within 30 days of the Custody Conciliation Conference, the parties shall select and retain the services of a licensed psychologist to assist the parties in resolving concerns regarding care of the Children and to monitor the mental health issues of the parents, Both parties shall sign all authorizations necessary for the psychologist to obtain relevant medical and psychological reports and records concerning the parties , 3. Neither party shall remove the Children from the residence for an overnight period or longer without the advance written consent of the other party, 4. 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. ~ Edward E, Guido, J. cc: Lee E. Oesterling, Esquire - Counsel for Father Ellen J. Calhoun, Mother ~ /YI~ J - D Cf, OJ ~. '" VIN\i''.tIlASNN3d I ! 'dnn'~' I'_'-"~. ""lIMfi'" 1\11'1 1 ",} \.),:'.' -1~' H \/f h..J s r"j:8 Ini 6 - t~O JOHN R.CALHOUN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 02-5192 CIVIL ACTION LAW ELLEN J. CALHOUN, Defendant IN CUSTODY PRIOR JUDGE: EDWARD E. GUIDO 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 Hayden J. Calhoun Christian A. Calhoun December 5, 1996 December 3, 1998 Father.l Mother Father.l Mother 2. A Conciliation Conference was held on December 18, 2002, with the following individuals in attendance: The Father, John R. Calhoun, with his counsel, Lee E. Oesterling, Esquire, and the Mother, Ellen J. Calhoun, who is not represented by counsel in this matter, 3. The parties agreed to entry of an Order in the form as attached. I~/.J-(L /0;)- . , Date Da~ Custody Conciliator Law Offices of Lee E. Oesterling, LLC 42 East Main Street Mechanicsburg, P A 17055 (717) 790-5400 IN THE COURT OF COMMON PLEAS }'OR THE 9th JUDICIAL DISTRICT CUMBERLAND COUNTY, PI:NNSYL VANIA JOHN R. CALHOUN, Plaintiff I Petitioner, No. 02-5192 CNIL TERM v, Civil Action - Petition to Modify CustodyNisitation ELLEN J. CALHOUN Defendant I Respondent PETITION TO MODIFY CHILD CUSTODY 1, Petitioner is John R. Calhoun, plaintiff in the underlying action. 2, Respondent is Ellen J. Calhoun, defendant in the underlying action, 3, On January 8,2003, the Honorable Edward E. Guido entered as an Order of Court a Stipulated Agreement for Temporary Custody, 4. Since the entry of said Order, there has been a significant change in circumstances for the following reasons as hereinafter outlined, (a) Petitioner and Respondent had reconciled and occupied the same residence during the pendency of the prior Order of Court. (b) Petitioner and Respondent are or soon will be living separate and apart, ( c) Petitioner believes that the best interests of the children will be served by a modification of the existing Order of Court as this would allow for consideration of the children's longer term needs, 5, The Court in modifying said Order for the aforementioned reasons will serve the best interests of the children, WHEREFORE, petitioner prays this Court 10 granllhe modification ofthe existing Custody Order to allow father primary custody of the parties children. Lee E. Oesterling, Esquire Supreme Court I.D, #71320 42 East Main Street Mechanicsburg, P A. 17055 (717) 790-5400 VRR TFTCA nON I verify that upon personal knowledge or information and belief 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, 9 4904, relating to unsworn falsification to authorities. ~!-~ Date:~ tb{Oj ~~ ~ Vol " ...J "'? V\. .;!! ~ ] OJ "" ~ ~ :;-.:: [ 5: .i~~- ,,(" ~) ;~~:.. Qi/' <-~: - /' (j; o c- '\.) (::J ~0 '~ r~'", (J'~) o ."'1 :-'/ J'"""}. :"J -.J "\) "1:) -~:...'" "<;; IN THE COURT OF COMMON PLEAS FOR THE 9th JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. CALHOUN, Plaintiff / Petitioner, No, oZ - 6192, (;TVTL TFRM v, Civil Action - Special Relief CustodyN isitation Emergency Petition to Prevent Removal of Children from Jurisdiction ELLEN J. CALHOUN Defendant / Respondent ORDRR AND NOW, this /0"" ,1 <7 day of /fjO I' I , , 2002, on consideration of the Emergency Petition to Prevent Removal of Children From Jurisdiction Pursuant to Pa. R.c.p, 1915.13, it is hereby ORDERED and DECREED that Petitioner John R. Calhoun, be awarded temporary physical custody of the minor children, wherever they may be found pending a hearing 2 '2 r::i ., ,2003 atr:.JilIf.m. Hearing to be held in on this matter before this Court on +~I Courtroom # 'I of the Cumberland County Courthouse, Carlisle, Pennsylvania 17013, BY THE COURT: J. tf t f r ~ r ~.~ t t -s ~ r t. f, ~ ~,~ $ ..[J f:. f pr rt 'P~ J~ e ..... f0 ~1M;,~ I . /.J.N(!(.' ';~:v~l}~.s!YN3c! ", ---,., 1 ~" uc :2'1 i , t:" I: _' "I' -....~ J JOHN R. CALHOUN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. 02-5192 CIVIL CIVIL ACTION - LA W ELLEN J. CALHOUN, Defendant ORDER AND NOW, this "Z"" day of April, 2003, hearing in the above captioned matter set for April 22, 2003, is continued to Wednesday, April 30, 2003, at 11:15 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, P A. BY THE COURT, ~~:f/L Lee E. Oesterling, Esquire For the Plaintiff Edward J, Mimnagh, Esquire F or the Defendant :rlm ~F ~ '1_.:13.0...3 ~1 Vit'.M\l/\S!\1t\l'Jd ('~' '''-'H~:'~~;l\Jr1:'J ~i S :(J ~!) ~. ,/ \,. V . I 'i..' ',:' ! JOHN R. CALHOUN PLAINTIFF IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, 02-5192 CIVIL ACTION LAW ELLEN J, CALHOUN DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, April 25, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, May 20, 2003 , the conciliator, at 1:00 PM for a Pre-Hearing Custody Conference, At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order, All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearin~. FOR THE COURT, By: /s/ Dawn S. Sunday, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is requin:d 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 HA VB AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIlE 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 ~."""fp '?- ~~. -h~~~ ~ ~~~tcl!pr; CO-be.1} c(J.bc-17 8J. 2e'17 \ilNV'^lASNN3d AlNnCO Ct\J'!n;'H8~n3 i;u:s !.ld BZ '~EO JOHN R. CALHOUN, Plaintiff vs. ELLEN J. CALHOUN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-5192 CIVIL CIVIL ACTION - LAW ORDER AND NOW, this 30 t day of April, 2003, hearing in the above matter is continued generally pending receipt by the court of a stipulated order. ~ E. Oesterling, Esquire F or the Plaintiff /Edward J, Mimnagh, Esquire F or the Defendant :rlm BY THE COURT, , Ad > Lfffl.i~ 11\ RKS 0.5 -Q~ -~ filed ftlQ.( :i, ;}003 o.."J,.rla.,d ColAn~ FROM LEE E OESTERLING LLC FAX NO. 717-790-0577 Apr. 30 2003 09:50AM P1 Law Offices 0 f Lee E. Oesterlinf! & Associate~" 1 J .(: 42 HAST MATN STlllillT MF.r.H ^ NTCS'RURG, PENNSYLVANIA 17055 LEI! I!. OCSTERLlNG. ESQ s<.:OTr ALAN SLY, ESQ I'AUIA C,A.IIIlt'LbS.t:.. !'AKALLKiAL TELEPHONE (717) 790~5400 FAX (717) 790-0577 lJirect e-Mal!: leolawllc(@netscape.nct April 30, 2003 THE HONORABLE KEVIN HESS TIJDGHS CHAMBERS CUMDDRLAND COUNTY COURT Of' COMMON PLEAS 1 COUR1'flOUSE SQUARE CARLISLE. PA 17013 Jlia fac.fimile 7 J Iw~4(J-646Z RE: Calhoun v. Calhoun / Motion for Emergency Custody #02.5]92 Dear Judge Hess, Please accept this letter as a formal request to discontinue the hearine Ret. fnr Aprilln, 2003 at 11:15 a.m. for the above rcfcrencr.n m:.ttp,,.. Atto1'l'ley Mimnaugh, (counsel for MI'!;. Calhoun), contac:t.c.~d me l::1~t p.vp.n;ng and indicated that his client had signed the stipulation which we pTCS<...'T1t1>.cI whinh addresses the issue of temporary cUlltody pending the conciliation hearing on Mr. Calhoun's petition to modiiy. Accordingly, we will b. submitting tho.t ngrecrru..'llt to the C.ourt for entry lIUI an order. Further more,l have received opposing counsel's conourrence to discontinue the emergency hearing_ Your attention to this matter is greatly i:tppn:uial~d. Sincerely, /.----. -.--........ LEE E{OICSl'.KKLfl'!lG, LLt;Y I \ / t,. " //21 . ~I ~ :r/ I.'~/L .......~. , . . ~ J ,/ J: .. ..' ,./ .......... .ill (1. ~ / Lee E. Oesteiiing. Esquire ,,' .- ,/ Cc: Eddie Mimnau~h, Rsquire (via facsimile) , i ;' JOHN R. CALHOUN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. 02-5192 CIVIL ACTION LAW ELLEN J. CALHOUN Defendant IN CUSTODY ORDER OF COURT AND NOW, this 2 '1" day of 1'1?~ . , 2003, upon consideration ofthe attached Custody Conciliation Report, it is ordered and dIrected as follows: 1. The prior Orders of this Court dated January 8,2003 and April 18, 2003 are vacated and replaced with this Order. 2. The Mother, Ellen J. Calhoun, and the Father, John R. Calhoun, shall have shared legal custody of Hayden J. Calhoun, born December 5, 1996, and Christian A. Calhoun, born December 3, 1998. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and infomlation. 3. The Father shall have primary physical custody ofthe Children. 4. The Mother shall have periods of supervised visitation with the Children at times arranged by agreement of the parties. The visitation shall be supervised by the Father or other adult selected by agreement of the parties. 5. The Father may move with the Children to Elizabethtown, Pennsylvania, following the parties' eviction from the marital residence. 6. The non-custodial parent shall be entitled to have reasonable telephone contact with the Children and the custodial parent shall make all reasonable efforts to ensure such contact. 7. The parties agree to establish a positive and amicable parenting relationship in order to promote the best interests of the Children. 8. Neither party shall smoke in the presence of the Children or subject the Children to an environment where smoking takes place. \-JlNVt\1ASNN3d MNnOQ (\~ .t';r\H39INn:) \"P~ \otd l Z ^ 'iW ~O J..'tN10;",C>;,'_C:':Y';(; :10 ?,Qt:HO-(]:nu 9. Neither party shall consume alcohol in the presence ofthe Children. 10. Neither party shall place the Children in the presence or care of any person known to the parties to be a danger to others or to present a threat to the Children's physical, mental, moral or emotional health. 11. Neither party 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 ofthe Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 12. The Mother may file a request for an additional conciliation conference to review the custody arrangements, at such time as she is available to have contact with the Children. 13. The parties may modify the provisions of this Order by mutual consent in writing. In the absence of written mutual consent, the terms of this Order shall control. BY THE COURT, J. ~esterling, Esquire - Counsel for Father > ~ /ward Mimnagh, Esquire - Counsel for Mother ~ ~~ S -:27--cJ!.:> JOHN R. CALHOUN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 02-5192 CIVIL ACTION LAW ELLEN J. CALHOUN 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 Hayden J. Calhoun Christian A. Calhoun December 5,1996 December 3, 1998 Father Father 2. A Conciliation Conference was held on May 20, 2003, with the following individuals in attendance: The Father, John R. Calhoun, with his counsel, Lee E. Oesterling, Esquire. The Mother, Ellen J. Calhoun, was notified of the conference through her counsel of record, Edward Mimnagh, Esquire. However the Mother was institutionalized at a hospital in Massachusetts on the date of the conference and therefore did not attend. The Mother's attorney did not attend on her behalf and there was no request to reschedule the conference. 3. This Court previously entered an Order on January 8, 2003 after a conciliation conference, under which it was agreed that neither party would remove the Children from the marital residence without the consent of the other party. Both parties were residing separately in the residence at the time. According to the Father, the Mother moved the Children to a series of motels in April 2003 but, as a result of communications between the parties' attorneys, the Mother returned to the marital residence with the Children. This Court subsequently entered a Temporary Emergency Order on April 18, 2003 under which the Mother was prohibited from removing the Children from the marital residence and a hearing was scheduled. The hearing was later discontinued pending receipt by the Court of a stipulation signed by the parties on April 29, 2003, under which the Father had primary physical custody of the Children subject to the Mother's right to have supervised visitation. According to the Father and his counsel, the Mother was recently institutionalized (involuntarily) at Holyoke Hospital in Massachusetts. The parties were evicted from the marital residence in Camp Hill, due to damage caused by the Mother's mental health problems and the Father has obtained a residence for himself and the Children in Elizabethtown. The Father believes that the Mother will be staying in Massachusetts under the care of her parents for some period of time after her release from the hospital. 4. Based upon representations made by the Father and his counsel and the fact that neither the Mother nor her counsel attended the conference or contacted the conciliator, the conciliator recommends an Order in the form as attached. The proposed Order contains most of the provisions of the parties' stipulation to which the Mother agreed on April 29, 2003. "'d ~/( J<>>3 f2.-~ Dawn S. Sunday, Esquire Custody Conciliator Date