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HomeMy WebLinkAbout02-5153AMANDA FAIR and BRADLEY FAIR, Petitioners JENNIFER L. LOPIANO and BRIAN V. HOUTZ, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. to;P,:9- - .5'"/5"-'/ CIVIL TERM : 1N 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 decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other 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. Where the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available at the Office of the Prothonotmy, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM THEM. 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 AMANDA FAIR and BRADLEY FAIR, Petitioners IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. O d - ~ 0~.~ CIVIL TERM JENNIFER L. LOPIANO and : 1N CUSTODY BRIAN V. HOUTZ, : COMPLAINT FOR CUSTODY 1. Plaintiffs are Amanda Fair and Bradley Fair, who currently live at 51 Hillside Drive, Carlisle, Cumberland County, Pennsylvania. 2. Defendants are Jennifer L. Lopiano and Brian V. Houtz, who are both currently incarcerated in Clinton County Prison, P.O. Box 419, McElhttan, Pa., 17748. 3. Defendants are the natural parents of Taylor Ann Houtz, date of birth, May 10, 2002. 4. Plaintiffs seek custody of Taylor Ann Houtz. 5. The child is currently in physical custody of Plaintiffs, Amanda Fair and Bradley Fair. 6. The relationship of Plaintiffs to the child is that of maternal aunt and uncle. 7. Plaintiffs have 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. 8. Plaintiffhas no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 9. Plaintiffdoes not know of 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. 10. because: The maternal and arents can rovide the child with a stable andthe The best interest and permanent welfare of the child will be served by granting relief requested 11. 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. WHEREFORE, Plaintiff requests the court to grant custody of the children. Date: Respectfully submitted, //~_ _an~ Adams, Esquire !.D/No. 79465 [,~ffSouth Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFFS AMANDA FAIR and BRADLEY FAIR, Petitioners JENNIFER L. LOPIANO and BRIAN V. HOUTZ, : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. O,~ '~ ~ffF0~'l CIVIL TERM IN CUSTODY STIPULATION AND CUSTODY AGREEMENT This Stipulation and Custody Agreement is made this ~ f~ day of tS)~ by and between: ,2002, AMANDA FAIR and BRADLEY FAIR (Hereinafter referred to as "Aunt and Uncle"); AND JENNIFER L. LOPIANO (Hereinafter referred to as "Natural Mother") and BRIAN V. HOUTZ (Hereinafter referred to as "Natural Father") WITNESSETH: WHEREAS, JENNIFER L. LOPIANO is the natural mother and BRIAN V. HOUTZ is the natural father of TAYLOR ANN HOUTZ, bom May 10, 2002; (hereinafter referred to as "Child"); And AMANDA FAIR and BRADLEY FAIR are the Aunt and Uncle of such child; WHEREAS, BOTH MOTHER and FATHER are currently incarcerated and have reached an agreement with AUNT and UNCLE relative to the future care, custody, and visitation of the child, the terms of which agreement both parties desire to set forth in the present Custody Agreement, and; NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree as follows: 1. ~ Aunt and Uncle currently have and shall continue to have primary physical custody of the child. Mother and Father are in agreement that the child shall continue to reside with Aunt and Uncle and remain in their custody. Mother and Father shall have liberal rights of visitation with the child as the parties deem appropriate, according to the child's age and best interest. 2. ~ Legal custody means the right to control and make decisions of importance in the life of their child, including educational, medical, and religious decisions. Mother and Father agree that Aunt and Uncle shall have legal custody and shall be empowered to make decisions of importance in the life of the child. Aunt and Uncle shall be entitled and authorized to obtain equal access to the child's school, medical, dental, and any other important records. Non-major decisions involving the child's day-to-day living shall be made by the party which has current physical custody consistent with the other provisions of this Agreement and in accordance with the child's best interest. 3. Illness of the Child. Emergency decisions regarding the child shall be made by the party then having custody. Aunt and/or Uncle shall be permitted and authorized to sign medical consents, releases, or any other paperwork or consent pertaining to the child. In the event of any emergency or serious illness of the child at any time, any party then having custody of the child, shall communicate with the other party by telephone or any other means practicable, informing the other party of the nature of the illness or emergency, so the other party can become involved in the decision making process as soon as possible. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the medical care of the child. 4. Welfare of the Child to be Considered. The welfare and convenience of the child shall be the prime consideration of the parties in any application of the provisions of this Agreement. 5. Bindin~ This Agreement and all of its terms and conditions shall extend to and be binding upon the parties hereto and their respective successors, executors, administrators, heirs, personal representatives, and assigns. 6. Governin___g_Law. This Agreement shall be governed and controlled by the laws of Pennsylvania. Any action regarding this matter shall be brought in Cumberland County, Pennsylvania. 7. Headings. Section and paragraph headings in this Agreement are included for the convenience of reference only and shall not constitute part of this Agreement for any other purpose. 8. Enforcement~ The parties agree that this Agreement may be adopted as an Order of Court without the necesssity of a Court hearing. 9. Entire A reement. This Agreement contains the entire understanding between the parties concerning the subject matter hereof, and no representations, inducements, promises or agreements, oral or otherwise, not embodied herein shall be of any force or effect. This Agreement supersedes any and all prior agreements, written or oral, between the parties hereto relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written: WITNESS: Je~i~ef L~ Lc~m~, Natural ~Vlother Date: /0- ~-- O ~ Bn~ V. Houtz, Natural ~at~ COMMONWEALTH OF ) COUNTY OF ):ss ) On/,tvis, the ~5/ day of 0 d .~. ' , 2002, beJiare..-m¢, t,~c-umlarsiened officer appeared ~(d ~'. ~ known to m~ ~ ...... ,-. ~. , personally · -- . . ~ ...... ,q.~ sanslactoruy p.[.~n) to t~e the person whose name ~;~abiSnCer}~ed to the w,thm Instrument, and acknowledged that he~ied me same for the purposes therein IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public My comm~$10n explres..~,l~ COMMONWEALTH OF I S~s MY COMMI$$g~ F2~$ F~$T M0~O~y COUNTY OF appeared~St~ ~O.d~f [ ~ 2002~ b~.~.~ed officer, personally . .. ~ ~ ~ ' ~,~o~ to me, ~or satlslactorily proven o be the person whose name ;;~[1;;~ to the wi~in instrument, and ac~owledged that he/rs~ne;;~ed t~J~-~r the p~.oses therein is IN WITNESS WHEREOF, 1 hereunto set my hand and official seal. Notary Public My commission expires: COMMONWEALTH OF tS 5 u.,~ ) UNTY OF ~ ) On~this'the~/qt~aY°f O~2'¢-Oh>q~"-,2002, beforeme th .... ' - ~ , c u.uerslgnen omcer, personally appeared Dr-~.c~ ~-.~-t..,.d.c:~ ~/-- known to me, (or satisfactorily proven) to be the person whose name is subscribed to the withi~ instrument, and acknowledged that he/she executed the same for the purposes therein contained. COMMONWEALTH OF ~'-J~-~,x ~ ,- -J ...... ~ C..,.;181¢.~ ~.,, · On this, ~e~q~day~ g(~ ~ , 2002, before me, the ~dersi ned officer, ers appeared ~ &~ ~,~ ~ , known to me, tot satisfac*~-:, ....... ~ .... p o~ally ...... ~ ~ . .u.,,y v~own) to oe me pemon wnose nme is suuscrmed to the withi~strument, ~d ac~owledged that he/she executed the same for IN WITNESS WHEREOF, I hereunto set my hand and official seal. x..._j ! UOT, Sm., J JNIE E. ADAI~$, NotaB,' J ~is~o,C~fla~ CO MONWE^L*. OF ):SS COUNTY OF On,is, the ~ay of , mm~rslgnea omcer, personally appeareo ~ ~om to me, (or satisfactorily proven) to be the person whose name m~th~ i~umen~owledged that he/she executed the same for the pu,oses therein 1N WITNESS WHEREOF, 1 here~ ~_.~ commission expire,,: COMMONWEALTH OF ) COUNTY OF ):ss ) On this, the day of ,2002, before me, the undersigned officer, personally appeared , known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and ac~owledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. AMANDA FAIR and BRADLEY FAIR, Petitioners Vo JENNIFER L. LOPIANO and BRIAN V. HOUTZ, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ~Oo2. D~/~'".Y CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this 0 ~ 44 day of O ~, 2002, it is hereby ORDERED and DECREED that the terms of the attached Stipulation between the parties, dated and filed October 24, 2002, is adopted in its entirety and incorporated herein as an Order of Court. AMANDA FAIR and BRADLEY FAIR, Petitioners Vo JENNIFER L. LOPIANO and BRIAN V. HOUTZ, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : :NO. 02- 5153 CIVIL TERM : : IN CUSTODY . AFFIDAVIT OF SERVICE AND NOW, this November 12, 2002, I, Jane Adams, Esquire, hereby certify that on November 4, 2002, a certified true copy of the PETITION' FOR CUSTODY, STIPULATION, AND ORDER were served, via certified mail, return receipt requested, addressed to: Jennifer Lynn Lopiano Clinton County Prison P.O. Box 419 McElhtta~, Pa. 17748 NATURAL MOTHER Brian Vincent Houtz Clinton County Prison P.O. Box 419 McElhttan, Pa. 17748 NATURAL FATHER o. 79465 uth Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFFS · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · print your name and address on the reverse so that we can return the card to you. . · Attach this card to the back of the mallp~ece, or on the front if space permits. 1. Article Add~SSed to: 2. Article Number (Transfer from service label) o~ ~ 3811, August 20(31 item 17 '] Yes if yES enter delivery address below: t~ No t-3 Express Mail i'-I Return Receipt for Merchandise [] Insured [] C.O.D. Restricted Delivery? (Extra Fee) [] Yes 7002 0660 0000 1~ 102595-02-M~0835 Domestic Return Receipt :- .~'] II II I Permit ~~· S · ~/ ! No.G-IO &TTO~Ey ~T LAW r , i~ , 36 S. PITTSTREET · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the maitpiece, or on the front if space permits. 1. Article Addressed to: rs x 2. Article Number (Transfer from service label) PS Form 3811, August 2001 of Delivery f~om item 17 Fl Yes D. ts delivery add,ress i"'J No if YES, enter delivery address betow: ifled Mail Express Mail ' ~ Return Receipt for Merchandise . I ~ ,n~ M~ n c.o.D. _~ __ .---------~ ~-I Yes i ~~(Extra F ) 7002 0~;6D DDDD t066 7188 102595-02-M-OSf;h Domestic Return R~eipt JANE ADAMS ATTORNEY AT LAW 36 S. PITT STREET CARLISLE, PA 17013 I'"tfh,,llh, .... Ih'lh"lh"t,h,hfihl,hh,l,l,,h,l,! + AMANDA FAIR BRADLEY FAIR, Plaintiffs/Respondents VS. JENNIFER LOPIANO, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 02-5153 CIVm TERM IN CUSTODY PETITION FOR SPECIAL RELIEF Petitioner, Jennifer Lopiano, by and through her counsel, Jessica Diamondstone of MidPenn Legal Services, states the following: 1. Petitioner is the above-named Defendant, hereinafter referred to as the mother, who resides at 110 West High Street #4, Carlisle, Cumberland County, Pennsylvania 17013. 2. Respondents are the above-named Plaintiffs, hereinafter referred to as the maternal aunt and uncle, who reside at 51 Hillside Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. The above-named Petitioner is the natural mother of Taylor Lopiano, born May 10, 2002. 4. The above-named Respondents are the maternal aunt and uncle of Taylor Lopiano. 5. In accordance with a custody stipulation and agreement filed on October 29, 2002, the Respondents retain primary legal and physical of the child because both the Petitioner and the biological father were incarcerated. Under the stipulation, both parents have liberal visitation rights as the parties deem appropriate in the best interest of the child. 6. The Respondents are not acting in the child's best interest for reasons including, but not limited to, the following: a. Respondents have not sought to establish a regular visitation schedule or permitted appropriate visitation between the child and the Petitioner. b. Respondents have discouraged visitation by Petitioner by repeatedly threatening to send her child to live with the child's biological father in State College, Pennsylvania. c. The Respondents have similarly discouraged Petitioner from seeking legal help by threatening to send the child to State College, Pennsylvania if Petitioner attempts to change the custody stipulation. d. Respondents permit the Petitioner only brief periods of visitation and minimal telephone contact. Even this restricted contact is arbitrarily denied by the Respondents on a regular basis. 7. The mother believes a regular visitation schedule with Taylor is in Taylor's best interest for the following reasons: a. The mother is presently able to provide for the child by giving the child a nurturing and stable home environment and providing for her child's emotional, physical, medical and educational needs. b. The mother has successfully completed a rehaOilitation program through Pyramid Healthcare, a rehabilitation center, and continues to maintain her rehabilitation through daily AA and NA meetings. The mother attends intensive weekly outpatient treatment through Roxbury, weekly treatment sessions at Pennsylvania Counseling Services and monthly spiritual wellness sessions at the First Church of the Brethemn. The mother has been clean and sober for over one-hundred and twenty days (120). c. The mother is active in her local church and intends to involve the child in the church programs/activities as they become age appropriate. Presently the mother actively attends services at her church and is a Youth Choir Assistant. d. The mother believes that a continued relationship between the child and her extended family is important and will facilitate and maintain any contact between the child and the Respondents. e. The mother believes that a continued relationship between the child and her biological father is important and necessary and will facilitate and maintain contact between the child and her biological father. 8. With°ut this Court's intervention, the mother and child are at risk of irreparable harm by being denied contact with each other. WHEREFORE, Petitioner respectfully requests the following: a. That the Court grant reasonable periods of visitation, for periods not less than four hours on Saturdays and Sundays of alternating weekends. b. That the Court order Respondents to participate in a planning process aimed at returning Taylor to her mother's ct~stody. c. That the Court order Respondents to return cnstody of Taylor to the child's maternal grandmother pursuant to the current custody stipulation if they can no longer provide for her care and custody. d. Petitioner also requests any other relief this court deems just and proper. Respectfully submitted, tstone ey for Plaintiff/Petitioner MidPenn Legal Services 8 Irving Row Carlisle, PA 17013 VERIFICATION The above-named Plaintiff, Jennifer Lopiano, verifies that the statements made in the above Petition are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. JJnJaifer Lo i~/~ifftiff~ ' - AMANDA FAIR BRADLEY FAIR, Plaintiffs/Respondents VS. JENNIFER LOPIANO, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COULNT~ PENNSYLVANIA No. 02-5153 ClVrL TERM IN CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Jessica Diamondstone, do hereby swear that I served Amanda Fair and Bradley Fair with a Petition for Special Relief on January 23, 2004, by certified mail, return receipt, restricted delivery, to the person and address below: Bradley and Amanda Fair 51 Hillside Drive Carlisle, PA 17013 I, Jessica Diamondstone, verify that the statements made in this Affidavit of Service are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Signature: JENNIFER LOPIANO, Petitioner, AMANDA FAIR and BRADLEY FAIR and BRIAN V. HOUTZ, Respondent :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :NO. 02-5153 CIVIL TERM :CUSTODY PRAECIPE TO PROCI~ED IN FORMA PAUPERI.q To the Prothonotary: Kindly allow, Jennifer Lopiano, Petitioner, to proceed in forma pauperis. I, Jessica Diamondstone, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. MIDPENN LEGAL SERVICES Jessica D~ffnonffstone, Attorney for Plaintiff 8 Irvine/Row Carlisle, PA 17013 AMANDA FAIR BRADLEY FAIR V. JENNIFER LOPIANO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-5153 CIVIL TERM ORDER OF COURT AND NOW, this 4TM day of FEBRUARY, 2004, upon review of Defendant's Petition for Special Relief, it appears to the Court that it is in effect on Petition to Modify Custody and will be treated as such. The Court Administrator is directed to schedule the matter for a conciliation conference at the earliest practical date. By t~ Edward E. Guido, J. ~essica Diamondstone, Esquire ~Bradley and Amanda Fair 51 Hillside Drive Carlisle, Pa. 17013 Court Administrator :sld AMANDA FAIR, BRADLEY FAIR PLAINTIFF JENNIFER LOPIANO DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND .OUNFY, PENNSYLVANIA 02-5153 CIVIL ACTION LAW : IN CUSTODY f)RDER OF COURT AND NOW, Friday, February 13, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. _, the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, March 25, 2004 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in ~isput~ 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/ Hubert X. Gilroy, Esq, Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT ][lAVE 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 AMANDA FAIR BRADLEY FAIR V. JENNIFER LOPIANO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-5153 CIVIL TERM ORDER OF COUR__TT AND NOW, this 4T.__~~ day of FEBRUARY, 2004, upon review of Defendant's Petition for Special Relief, it appears to the Court that it is in effect on Petition to Modify Custody and will be treated as such. The Court Administrator is directed to schedule the matter for a conciliation c_onference at the earliest practical dat~,. Jessica Diamondstone, Esquire Bradley and Amanda Fair 51 Hillside Drive 2arlisle, Pa. 17013 Edward E. Guido, J. :sld AHYLONOHLO~4 ~HL JO AMANDA FAIR, BRADLEY FAIR, Plaintiffs/Respondents JENNIFER LOPIANO, Defendant/Petitioner : 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-5153 CIVIL TERM : : CUSTODY ORDER OF COURT Now,. s Sayof ·upon consideration of the Motion to Amend, the following order is entered: 1. The Petitioner is granted leave to amend the previously filed petition to include the father, Brian V. Houtz. 2. The father, Brian V. Houtz, is ordered to attend the March 25, 2004, custody conciliation. Jessica Diamondstone, Esquire Attorney for Petitioner ~vlidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 ~?f~radley and Amanda Fair 51 Hillside Drive Carlisle, PA 17013 ,/Barian V. Houtz 2433 Heather Circle State College, PA 16801 AMANDA FAIR BRADLEY FAIR, Plaintiffs/Respondents VS. JENNIFER LOPIANO, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 02-5153 CIV1L TERM IN CUSTODY MOTION TO AMEND Petitioner, Jennifer Lopiano, by and through her counsel, Jessica Diamondstone of MidPeun Legal Services, states the following: 1. Petitioner is the above-named Defendant, hereinafter referred to as the mother, who resides at 110 West High Street #4, Carlisle, Cumberland County, Pennsylvania 17013. 2. Respondents are the above-named Plaintiffs, hereinafter referred to as the maternal aunt and uncle, who reside at 51 Hillside Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. The above-named Petitioner is the natural mother of Taylor Houtz, born May 10, 2002. 4. The above-named Respondents are the matenml aunt and uncle of Taylor Lopiano. 5. The natural father of Taylor Houtz is Brian V. Houtz, who resides at 2433 Heather Circle, State College, Centre County, Pennsylvania 16801. 6. On January 23, 2004, the mother filed a Petition for Special Relief, asserting that the Respondents violated the current custody agreement by refusing to permit the mother periods of visitation with the child and threatening to send the child to live with the father in State College. 7. The Court deemed the Petition to be a request to modify a custody order and scheduled the matter for a custody conciliation on March 25, 2004. 8. Since the date of filing, the Respondents have, in fact, sent the child to the father in State College and the mother continues to be denied contact with the child. 9. The mother requests the Court to permit her to mnend the previously filed petition to include the father. WHEREFORE, Petitioner respectfully requests that the Court permit an amendment to her petition to include the father, Brian V. Houtz, as a necessary party, and to appear for the custody conciliation on March 25, 2004. Respectfully submitted, MidPenn Legal Services 8 Irving Row Carlisle, PA 17013 AMANDA FAIR BRADLEY FAIR, Plffmtiffs/Respondents VS. JENNIFER LOPIAN0, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUlVIBERLAND COUNTY PENNSYLVANIA NO. 02-5153 CML TERM IN CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Jessica Diamondstone, do hereby swear that I served Brian Houtz with a Motion to Amend on March 19, 2004, by certified mail, return receipt, restricted delivery, to the person and address below: Brian Houtz 2433 Heather Circle State College, PA 16801 I, Jessica Diamondstone, verify that the statements made in this Affidavit of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Date: Signature: AMANDA FAIR BRADLEY FAIR, Plaintiffs/Respondents VS. JENNIFER LOPIANO, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 02-5153 CIVIL TERM IN CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Jessica Diamondstone, do hereby swear that I served Amanda Fair and Bradley Fair with a Motion to Amend on March 19, 2004, by certified mail, return receipt, restricted delivery, to the person and address below: Bradley and Amanda Fair 51 Hillside Drive Carlisle, PA 17013 I, Jessica Diamondstone, verify that the statements made in this Affidavit of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Signature: ~ ~~~ VERIFICATION The above-named PLAINTIFF, 9ennifer Lopiano, verifies that the statements made in the above Motion to Amend are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. (;" 7) fJ '73 HAR ? ? ZIIll4 ~ AMANDA FAIR BRADLEY FAIR, Plaintiffs/Respondents VS. JENNIFER LOPIANO, DefendanffPetitioner IN TIll! (~o[ RT (}F COMMON PLEAS OF Gl )MBI!RI AND {~()t !NTY PENNSYLVANIA No. 0~-3153 ('IVIL TERM IN ('USTOI)Y PRAECIPE TO PROCEED IN FORM_ A PAUPERIS To the Prothonotary: Kindly allow, Jennifer Lopiano, Plaintiff, to proceed in forma pauperis. 1, Jessica Diamondstone, attorney Ibr thc party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and lhat I am providing free legal services to the party. Jcssica Dial~ondstone Attorney for Plaintiff MidPcnn Legal Services 8 lrvine Row Carlisle, PA 17013 (717) 243-9400 AMANDA FAIR and BRADLEY FAIR, Plaintiffs V JENNIFER LOPIANO and, BRIAN V. HOUTZ, Defendant : IN THE COUI~[T OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION- LAW : NO. 02-5153 : : IN CUSTODY COURT ORDER AND NOW, this I day of/~.'0~ , 2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The father, Brian V. Houtz, and the mother', Jennifer Lopiano, shah enjoy shared legal custody of Taylor A. Houtz, born May 10, 2002. 2. Physical custody of the minor child shall be haa~died as follows: a. The child may remain in the physical custody of the father, with the father residing in Centre County during the week and one out of three weekends. b. The mother shall have physical custody ot~ the minor child on two out of three weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m. unless agreed otherwise by the parties. The parties shall exchange custody of the minor child at a halfway point to be agreed upon by the parties. The parties may alter this schedule if they agree. Absent an agreement, the schedule shah control. The mother's custody shall be for two weekends, with the father having the third weekend and the parties alternating that schedule thereafter. The mothers first weekend shall be March 26, 2004. 3. The parties shall meet again with the Custody Conciliator for a conference on June 17, 2004 at 8:30 a.m. 4. In the event the father retains an attorney an~l the attorneys desire to consult with the conciliator prior to the custody conciliation conference scheduled by this order, legal counsel for the parties may contact the conciliator directly to arrange a custody conciliation conference via telephone conference call. This is a temporary order issued only to initiate contact between the mother and the child, which has not taken place over the past few months. Both parties reserve the right to assert a different custodial arrangement in the event this case goes to a hearing. Both parties shall exchange telephone numbers and addresses and keep the other parent notified with respect to where they are when they have custody of the minor child. Judge Edward E. Guido ~ri~ica Diamondstone, Esquire v~r~an V. Houtz o'/Amanda and Bradley Fair ~ AMANDA FAIR and BRADLEY FAIR, Plaintiffs V JENNIFER LOPIANO and BRIAN V. HOUTZ, Defendants Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : : : NO. 02-5153 : IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the child who is the subject of this litigation is as follows: Taylor A. Houtz, born May 10, 2002. A Conciliation Conference was held on March 25, 2004, with the following individuals in attendance: The mother, Jennifer Lopiano, with her counsel Je~;sica Diamondstone, the father, Brian V. Houtz, who appeared without counsel, and the maternal aunt and uncle, Amanda and Bradley Fair, who appeared without cotmsel. This ease has a rather varied background. In October of 2002, mother and father were both in jail and custody was given to the mate~al aunt and her husband. In February of 2003, mother was out of jail and living on her own and she then had custody of the minor child through October 2003 (during which time the father was still incarcerated). The mother then had a drug/alcohol relapse and was inearcerated again, during which time the child went back with the maternal aunt and her husband. The father was released from prison i~t November of 2003, and the maternal aunt and uncle delivered custody of the minor child to the father in January of 2004. The father lives in Centre County. The mother is seeking visitation/custody. The maternal aunt and uncle, despite their efforts over the past two years, desire to not be involved in the case any further and any further custody order does not need to address their rights. The father believes he should maintain primary custody. He is living at home with his mother and is working full time· The mother is seeking primary custody, and is living at James Wilson Safe Harbor but is looking to obtain a more permanent residence. Upon the recommendation of the custody conciliator, the parties agree to a temporary order to be reviewed at a later date and the Custody Conciliator recommends the court enter an order in the form as attached. AMANDA FAIR and BRADLEY FAIR, Plaintiffs V JENNIFER LOPIANO and BRIAN V. HOUTZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERL3dqD COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2002- 5153 : : IN CUSTODY COURT ORDER AND NOW, this ,~day of ~, 2004, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. A hearing is scheduled in Courtroom No. ~ of the Cumberland County Courthouse on the ~ day of _~ ~, 2004, at /: .~ ~.m. at which time testimony will be taken in this ease. At this hearing, the mother, Jennifer Lopiano, shall be the moving party and shall proceed initially with testimony. Counsel for the parties, or the parties themselves if they don't have legal counsel, shall file with the Court a memorandum setting forth the history of custody in this case, the issues currently before the Court, each parties position on those issues, a list of witnesses who will testify at the hearing along with the summary of the anticipated testimony of each witness. The memorandum shall be flied at least 5 days prior to the mentioned hearing date. 2. Pending further order of this Court, this Court's prior order of April 14, 2004 shall remain in affect subject, however, to the requirement that father maintaining primary custody of the minor chi~ld is subject to the requirement the father continues to live with his mother and that the minor child remain in that home with the father and the paternal grandmother. If the father relocates from his mother's home, father shall advise the child's mother with his new address and shall ensure that father has custody of the child at the new address rather than leaving the child with the paternal grandmother. In the event mother's counsel obtains information to the contrary, mother's counsel may contact the Conciliator in advance of the hearing scheduled above relative to any requests for special relief prior to the hearing. CC: Jessica Dlamondstone, Esquire Brian V. Houtz AMANDA FAIR and BRADLEY FAIR, Plaintiffs V JENNIFER LOPIANO and BRIAN V. HOUTZ, Defendant Prior Judge: Edward E. Guido JUN 2 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 - 5153 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the child who is the subject of this litigation is as follows: Taylor A. Houtz, born May 2002. A Conciliation Conference was held on June 17, 2004, with the following individuals in attendance: The mother, Jennifer Lopiano, with her counsel, Jes.,~ica Diamondstone, Esquire, and the father, Brian V. Houtz, who appeared without counsel. = The parties were before the Conciliator this past March at which time a temporary order was entered giving father primary custody aud mother periods of temporary custody on two out of three weekends. Mother is'. now seeking primary custody. Father is unwilling to give mother primary custody. Mother asserts a variety of reasons as to why she should have primary custody at this point. It appears a hearing is necessary in this case. The Conciliator reeommends an order in the form as attached. AMANDA FAIR and BRADLEY FAIR, Plaintiffs VS. JENNIFER LOPIANO and BRIAN V. HOUTZ, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-5153 CIVIL TERM : CUSTODY CUSTODY AGREEMENT AND Olq3)ER AND NOW, this ~, ~/X day of ~ ,2004, the following Order is entered by consent of the parties with regard to custody of the minor child, Taylor Houtz, born May 10, 2002: 1. The Plaintiffs, Amanda and Bradley Fair attended a custody conciliation on March 25, 2004, and indicated their wish to extricate themselves from this custody matter. Neither Amanda nor Bradley Fair have been involved in the subsequent custody matters involving Jennifer Lopiano, Brian Houtz or Taylor Houtz. 2. Jennifer Lopiano, hereinafter referred to as the mother, and Brian Houtz, hereinafter referred to as the father, shall share legal custody of the child, Taylor Houtz. 3. The mother shall have primary physical custody of the child. 4. The father shall enjoy periods of temporary physical custody of the minor child on alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m. 5. Transportation will be provided by both parties on a shared schedule as follows: a. On Fridays, the parties will meet for the custody exchange in Newport, Pennsylvania at the Giant Food Store. b. On Sundays, the parties will meet for the custody exchange in Miffiintown, Pennsylvania at Sheetz. c. Both parties will be accompanied by a third party as required by any probation terms. 6. The father's periods of temporary physical custody shall rake place at the home of one of the father's family members until the father is able to find suitable housing. 7. At the Friday custody exchange, the father will provide the mother with the address and telephone number of the home where the temporary physical custody will take place. 8. During the father's weekends of temporary physical custody, the child will be in his care unless the father is required to work. If the father must work, he will provide the mother with contact information for the person providing childcm:e. 9. The parties shall alternate major holidays to include New Years Day, Easter, Memorial Day, July 4, Labor Day and Thanksgiving. Father shall have New Years Day, Memorial Day and Labor Day in even numbered years with Mother having Easter, July 4 and Thanksgiving in even numbered years. The parties shall alternate those days in odd numbered years. 10. The Christmas holiday shall be divided into two Blocks, Block 1 being from December 24 at noon until December 25 at noon, and Block 2 being from December 25 at noon until December 26 at noon. The parties shall alternate Blocks with the mother having the first segment in 2004 and the father having the second seg~ment in 2004. 11. The mother shall have custody of the child on Mother's Day and the father shall have custody of the child on Father's Day. 12. The mother and father agree that each shall notify the other immediately of medical emergencies that arise while the child is in that parent's care. 13. Each parent shall provide the other with a current address and telephone number. 14. Neither party shall do anything which may estrange the child from the other parent, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love or respect for the other parent. Both parties shall provide the child with a "safety zone" by discouraging third parties from making negative remarks about either parent when the child is within earshot. 15. The parties may modify the schedule in the event they reach an agreement between themselves. Absent an agreement, the custody schedule set forth above shall control. Judge This Order is entered pursuant to the consent of the parties: Je ti~ Attorney for Defendant Lopiano MidPenn Legal Services 8 Irvine Row Carlisle, Pennsylvania 17013 (717) 243-9400 Bradley Fair, Plaintiff Brian V. Houtz, Defendant t '