HomeMy WebLinkAbout00-01180
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HAROLD S. IRWIN, III, ESQUIRE
ATTORNEY ID NO. 29920
35 EAST HIGH STREET
CARLISLE PA 17013
(717) 243-6090
ATTORNEY FOR PLAINTIFF
KARL N. ALBRIGHT,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
BARBARA K. ALBRIGHT,
Defendant
: CIVIL ACTION - LAW
: NO. 00 - IlfV CIVIL TERM
: IN DIVORCE
ORDER OF COURT
AND NOW, this ~ day of ~ooo upon presentation and
consideration of the attached stipulation and agreement and upon agreement of the
parties, it is hereby ordered and decreed that the attached agreement is made an Order
of Court.
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KARL N. ALBRIGHT,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION. LAW
BARBARA K. ALBRIGHT, : NO. 00. //tf""(:) CIVIL TERM
Defendant : IN DIVORCE
STIPULATION AND AGREEMENT
THIS STIPULATION AND AGREEMENT entered into this day of
2000, by and between KARL N. ALBRIGHT (hereinafter referred to as "Father") and
BARBARA K. ALBRIGHT (hereinafter referred to as "Mother").
NOW THIS AGREEMENT WITNESSETH THAT:
WHEREAS, the parties are the parents of two (2) children, namely, Lindsey Rae
Albright (age 10, born June 5,1989) and Katlyn Louise Albright (age 7, born April 8,
1993) and
WHEREAS, the parties wish to enter into an agreement relative to the custody
and partial custody of the children.
NOW, THEREFORE, in consideration ofthe mutual covenants, promises and
agreements as hereinafter set forth and intending to be legally bound, the parties hereto
agree as follows:
1. The parties shall have joint legal custody of the children, which shall
include, but not be limited to the mutual sharing of information and decisions with regard
to medical care, education, religious instruction.
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2. The Mother shall have primary physical custody of the children, subject to
liberal partial custody and visitation with the Father, including alternating weekends and
at other times in the evenings and on holidays as mutually agreed between the parties
from time to time, depending on Father's employment hours and considering the wishes
and other plans of the children. The Father shall also have the children for up to two
nonconsecutive two week periods in the Summer, with notice to the Mother by May 1st
of the weeks he wishes to have the children.
3. Both parties agree that each party shall have reasonable telephone
contact with the children while the children are in the other party's custody and that the
children will be permitted to call the noncustodial parent as desired while they are in the
custody of the other parent.
4. The parties will keep each other advised immediately relative to any
emergencies concerning the children and shall further take any necessary steps to
ensure that the health, welfare and well being of the children is protected.
5. The parties shall do nothing that may estrange the children from the other
parent or injure the opinion of the children as to the other parent or which may hamper
the free and natural development of the children's love or affection for the other parent.
6. Both parties have agreed to these terms in reliance upon each other's
representation and agreement that neither party will expose the children to any
unwholesome or unhealthy relationship involving another man or woman.
7. Both parties agree that they will not move or relocate beyond a thirty mile
radius of Carlisle, Pennsylvania without specific agreement between the parties or
further Order of Court. Notwithstanding this provision, the parties agree that should the
Mother decide to relocate to the town in which her mother currently resides, or if any
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move by either party is beyond a thirty mile radius of Carlisle but within thirty miles of
the other party, such relocation shall not require agreement of the parties or further
Order of Court.
8. Any modification or waiver of any of the provisions of this agreement shall
be effective only if made in writing and only if executed with the same formality of this
agreement.
9. The parties agree that in making this agreement there has been no fraud,
concealment, overreaching, coercion or other unfair dealing on the part of the other.
10. The parties desire that this agreement be made an order of Court through
the Court of Common Pleas of Cumberland County, and further acknowledge that the
Court of Common Pleas of Cumberland County has jurisdiction over the issue of
custody of the parties' minor children and shall retain such jurisdiction should
circumstances change and either party desire further or require further modification of
said Order.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the
terms hereof, set forth their hands and seals the day and year herein set forth.
WITNESSETH:
Date: '3~ 3-{)O
(SEAL)
Date:~
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BARBARA K. ALBRIGHT
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COMMONWEALTH OF PENNSYLVANIA
:SS:
COUNTY OF CUMBERLAND
On this, the3ft.dday of 4t.tQ, 2000, before me, the undersigned officer,
personally appeared Karl N. AI~nown to me (or satisfactorily proven) to be the
person whose name is subscribed to the within instrument and acknowledged that he
executed same for the purposes therein contained.
:SS:
NOTAIIIAL SEAL
MEflLENE J. MAIIHEVKA, NOTIRt PUBLIC
CMI'91 E. c:uM8ERlAND COUNTY. PA
/I( COMMI8SION ElCPlRESJUNE 8, 2lI02
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
On this, the~day ot)/~ooo, before me, the undersigned officer,
personally appeared Barbara K. Albright, known to me (or satisfactorily proven) to be
the person whose name is subscribed to the within instrument and acknowledged that
she executed same for the purposes therein contained.
IN WITNESS WHEREOF, I hereun 0 s my hand and official seal.
(SEAL)
Notarial Seal
Harold S. Irwin 1Il, Nota,1Y Public
Carlisle Bora, Cumberland County
My Commission Expires Sept. 23. 2002
Member, Pennsylvania .~ssociatlon ot Notaries
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KARL N. ALBRIGHT,
Plaintiff
: IN THE cx)ORT OF CX)MMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
vs.
: NO. 00-1180
CIVIL TERM
.
.
: CIVIL ACTION - LAW
BARBARA K. ALBRIGHT,
Defendant
.
.
: IN CUSTODY
ORDER OF COURT
AND ~, this 8th day of June, 2000, the Conciliator, not having
received a request from counsel for either party to reschedule the
Conciliation Conference originally set for May 9, 2000, hereby relinquishes
jurisdiction in this case.
FOR THE cx)ORT,
Da~
Custody Conciliator
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vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - DIVORCE
KARL N. ALBRIGHT,
Plaintiff,
NO. 2000 - //f'()
CIVIL TERM
BARBARA K. ALBRIGHT
Defendant.
IN CUSTODY
ORDER OF COURT
AND NOW, upon consideration of the attached Petition, it is hereby directed that
the parties and their respective counsel appear before 'C:I)"'-.(\~'\...."\..r-c\CkI '
Esquire, the Conciliator, on the g day of '--1, 2000, at
Cr;2.,O o'clock ~.m., in \,.j ,~ .
Cumberland County, Pennsylvania, for a pre-hearing custody con erenc 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 shall also be present at the Conference. Failure to appear at the
Conference may provide grounds for the entry of a Temporary or Permanent Order.
Date: ?l\(.oIOD
. .
BY THE COURT,
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Custody Concilia 0 C~)
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, Pennsylvania 17013
(717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County, Pennsylvania, is required by law to comply with the
Americans with Disabilities Act of 1990, For information about accessible facilities and reasonable accommodations
avaiiable to disabied individuais 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,
BY THE COURT:
Date:
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KARL N. ALBRIGHT,
Plaintiff,
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - DIVORCE
NO. 2000 - /) 70
CIVIL TERM
BARBARA K. ALBRIGHT
Defendant.
IN CUSTODY
COMPLAINT FOR CUSTODY
1, The Plaintiff is KARL N. ALBRIGHT, an adult individual residing at 344 "C"
Street, Carlisle, Cumberland County, Pennsylvania 17013.
2. The Defendant is BARBARA K. ALBRIGHT, an adult individual, residing at
830 Ash Avenue, Carlisle, Cumberland County, Pennsylvania 17013.
3. The Plaintiff seeks custody of the following children: LINDSEY RAE
ALBRIGHT, born June 5,1989, age 10; and KATLYN LOUISE ALBRIGHT, born April 8,1993,
age 6, both residing at 830 Ash Avenue, Carlisle, Pennsylvania 17013.
KATLYN LOUISE ABLRIGHT was born within the marriage of the parties, and
LINDSEY RAE ALBRIGHT is the Defendant's biological child from a prior relationship and
Plaintiff's adopted child. The children are presently in the custody of Defendant, BARBARA K.
ALBRIGHT, who resides at 830 Ash Avenue, Carlisle, Pennsylvania 17013,
During the past five years, the children have resided with the following persons
and at the following addresses: Since approximately February 13, 2000, with the Defendant,
BARBARA K. ALBRIGHT, at 830 Ash Avenue, Carlisle, Pennsylvania; and for the remainder of
the five years in question, with Plaintiff and Defendant, at 344 "C" Street, Carlisle, Pennsylvania
17013.
The mother of the children is BARBARA K. ALBRIGHT, currently residing at 830
Ash Avenue, Carlisle, Pennsylvania 17013, She is married.
The father of the children is KARL N. ALBRIGHT, currently residing at 344 "C"
Street, Carlisle, Pennsylvania 17013. He is rnarried.
4. The relationship of the Plaintiff to the children is that of father. The Plaintiff
currently resides alone,
5. The relationship of the Defendant to the children is that of Mother. The
Defendant currently resides with the children in question and with an adult individual by the
name of VIRGINIA BAKER. '
6, Plaintiff has not participated as a party or witness, or in any other capacity
in other litigation concerning the custody of the child in this or another jurisdiction.
7. The Plaintiff has no information of a custody proceeding concerning the
children pending in a court of this Commonwealth.
8. The 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 be served by
granting the relief requested because Plaintiff is better able to provide a stable and safe
environment for the children.
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10. Each parent whose parental rights to the children have not been terminated
and the person who has physical custody of the children have been named as parties to this
action.
WHEREFORE, the Plaintiff requests this Court to grant primary physical custody of
the children to him.
Respectfully submitted,
FLOWER, FLOWER & LINDSAY
Attorneys for Plaintiff
BY~~.~
I J James D, Flower, Jr.
'\ 11 East High Street
Carlisle, PA 17013
(717) 243-5513
I.D. No. 27742
Date: March 1, 2000
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VERI FICA liON
I, KARL N. ALBRIGHT, Plaintiff in the within action, hereby verify that the
statements made herein are true and correct. 1 understand that false statements herein are
made subject to the penalties of 18 Pa,C.S. 94904, relating to unsworn falsification to authorities.
I
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. Karl N, Albright
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Date: .2-),7- 00
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SHUFF, FLOWER
& LINDSAY
ATI'ORNEYS.AT-LAW
26 W. High Street
Carlisle, PA
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KARL N, ALBRIGHT,
Plaintiff/Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - DIVORCE
vs,
NO. 2000 - 1180 CIVIL TERM
BARBARA K. ALBRIGHT
Defendant/Respondent
IN CUSTODY
AND now, this
CERTIFICATE OF SERVICE
~f.JI. day of
2001, I, James D. Flower, Jr, Esquire, of the law firm of DIS, SHUFF, FLOWER &
LINDSAY, Attorneys, hereby certify that I served the within PETITION FOR
CONTEMPT and MODIFICATION this day by depositing same in the United States
Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to:
Thomas Diehl, Esquire
One West High Street
Carlisle, PA 17013
SAlOIS, SHUFF, FLOWER & LINDSAY, P.C.
Attorneys for Plaintiff
Date: August 8, 2001
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KARL N. ALBRIGHT
PLAINTIFF
V,
BARBARA K. ALBRIGHT
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
00-1180 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW,
Tuesday, September 04, 2001
, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Suuday, Esq. , the conciliator,
at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, September 13, 2001 at 10:30 a.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 defme 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: Isl
Dawn S. Sunday. Esq./J/l
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 TIllS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HA VB 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
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A1TORNEYS'AT'LAW
26 W. High Street
Carlisle. P A
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KARL N, ALBRIGHT,
Plaintiff/Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - DIVORCE
vs,
NO. 2000 - 1180 CIVIL TERM
BARBARA K. ALBRIGHT
Defendant/Respondent
IN CUSTODY
ORDER OF COURT
AND NOW, upon consideration of the attached Petition,
directed that the parties and their respective counsel appear before
, Esquire, the Conciliator, on the
, 2001 , at o'clock
it is hereby
day
of
.m., in
---;- Cumberland County,
Pennsylvania, 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 shall also be present at the Conference. Failure to appear
at the Conference may provide grounds for the entry of a Temporary or Permanent
Order,
BY THE COURT,
Custody Conciliator
Date:
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SHUFF, FLOWER
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ATIORNEYS'AT'LAW
26 w. High Street
Carlisle. P A
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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, Pennsylvania 17013
(717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County, Pennsylvania, is required by iaw to comply
with the Americans with Disabilities Act of 1990. For information about accessibie facilities and
reasonable accommodations available to disabled individuals having business before the court, please
contact our office, Ail arrangements must be made at least 72 hours prior to any hearing or business
before the Court,
BY THE COURT:
Date:
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SHUFF, FLOWER
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A1TORNEYS'AT'UW
26 W, High Street
Carlisle, PA
II
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KARL N. ALBRIGHT,
Plaintiff/Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - DIVORCE
vs.
NO. 2000- 1180 CIVIL TERM
BARBARA K. ALBRIGHT
DefendanVRespondent
IN CUSTODY
PETITION FOR CONTEMPT
AND MODIFICATION
NOW COMES Karl N. Albright, by and through his counsel, SAIDIS, SHUFF,
FLOWER & LINDSAY and petitions this Honorable Court as follows:
1, Plaintiff and Defendant are the parents of two children: Lindsey Rae
Albright, born June 5, 1989; and Katlyn Louise Albright, born April 8, 1993.
2. The parties entered into a Stipulation and Agreement concerning custody
of the aforesaid children which was entered as an Order of Court by the Honorable
Edgar B. Bayley, on August 14, 2000, a copy of which Stipulation and Agreement and
Order are attached hereto as Exhibit "A", Said Stipulation and Agreement provide that
the parties shall have joint legal custody of the children, and that mother shall have
primary physical custody of the children subject to liberal partial custody with the father,
including alternating weekends and such other times in the evenings and on holidays
as agreed between the parties, provided further that the father shall have up to two
non-consecutive two-week periods in the summer with notice to mother by May 1't of
the weeks he wishes to have the children.
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SHUFF, FLOWER
& LINDSAY
ATIORNEfStoAT.LAW
26 W. High Street
Carlisle, PA
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3. The parties were divorced on April 16, 2001.
4. Recently, Defendant has become hostile toward Plaintiff and has begun
denying him the liberal partial custody of the children which is agreed to in the
Stipulation. Defendant is permitting the older child, Lindsey, age 12 years, to decide
whether she wants to be with her father on the weekends when he is entitled to
exercise his partial custody. On a recent weekend of July 7, 2001, for example, it was
Plaintiff's weekend for partial custody, and Defendant simply told him that she had
made plans to take the children camping for the weekend, and that he could not see
them. She further observed to hirn that he would be lucky if he saw the children at all
the rest of the summer. Defendant has on other occasions arbitrarily and maliciously
denied Plaintiff the right to exercise partial custody of his children.
5. Plaintiff believes that it would be in the best interest of his children for him
to have primary custody of them for the following reasons:
(A) Plaintiff believes that the hostility which Defendant shows to him,
and her arbitrary and malicious interference with his right to
exercise partial custody of his children, is contrary to the best
interests of the children; and
(B) Plaintiff is remarried and is even more able than before to provide
a secure and stable family environment for the children which he
believes is in their best interest.
WHEREFORE, Plaintiff/Petitioner requests that Defendant/Respondent be held
in contempt of the Court Order of August 14, 2000, incorporating the Stipulation and
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SHUFF, FLOWER
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ATrORNEYS-AT.LAW
26 W. High Street
Carlisle, PA
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Agreement pertaining to custody, and further that the custody Stipulation and Order be
modified to grant Plaintiff primary physical custody of said children.
SAlOIS, SHUFF, FLOWER & LINDSAY, P.C.
Attorneys for Plaintiff
Date: August 8, 2001
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James D. Flower, Jr.
11 East High Street
Carlisle, PA 17013
(717) 243-5513
I.D. No. 27742
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SAIDIS
SHUFF, FLOWER
& LINDSAY
AITORNEYS-AT-LAW
26 W. High Street
Carlisle, P A
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VERIFICATION
I, KARL N. ALBRIGHT, Plaintiff in the within action, hereby verify that
the statements made herein are true and correct. I understand that false statements
herein are made subject to the penalties of 18 Pa.C.S. 94904, relating to unsworn
falsification to authorities.
1/ /1ft
arl . Ibright
Date:
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KARl. N. ALBRIGHT,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
BARBARA K. ALBRIGHT, : NO. CO -__._..___, CIVIl.. TERM
Defem:l,mt : IN DIVORCE
STIPULATION AND AGREEMENT
-
THiS STIPULATiON AND AGREEMENT et1tered into this _ day of
2000, by and between KARL N. ALBRIGHT (hereinafter referred to as "Father") and
BARBARA K. ALBRIGHT (hereinafter referred to as "Mother").
NOW THIS AGREEMENT WITNESSETH THAT:
WHEREAS, the parties are the parents of two (2) children, namely, Lindsey Rae
Albright (age 10, born June is, 1989) and Kallyn Louise Albright (age 7, born April 8,
'1993) and
WHEREAS, the parties wish to enter into an agreement relative to the custody
and partial custody of the children,
NOW, THEREFORE, in consideration of the mutual covenants, promises and
agreemf;mts as hereinafter set fortll and intending to be legally bound, the parties hereto
agree as follows:
1. The parties shall have joint legal custody of the children, which shali
include, but not be limited to the mutual sharing of information and decisions with regard
to medical care, education, religious instruction.
!EXHIBIT
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2. The Mother shall have primary physical custody of the children, subject to
liberal partial custody and visitation with the Father, including alternating weekends and
at other times in the evenings and on holidays as mutually agreed between the parties
from time to time, depending on Father's employment hours and considering the wishes
and other plans of the children. The Father shall also have the children for up to two
nonconsecutive two week periods in the Summer, with notice to the Mother by May 1st
of the weeks he wishes to have the children.
3. Both parties agree that each party shall have reasonable telephone
contact with the children while the children are in the other party's custody and that the
children will be permitted to call the noncustodial parent as desired while they are in the
custody of the other parent.
4. The parties will keep each other advised immediately relative to any
emergencies concerning the children and shall further take any necessary steps to
ensure that the health, welfare and well being of the children is protected.
5. The parties shall do nothing that may estrange the children from the other
parent or injure the opinion of the children as to the other parent or which may hamper
the free and natural development of the children's love or affection for the other parent.
6. Both parties have agreed to these terms in reliance upon each other's
representation and agreement that neither party will expose the children to any
unwholesome or unhealthy relationship involving another man or woman.
7. Both parties agree that they will not move or relocate beyond a thirty mile
radius of Carlisle, Pennsylvania without specific agreement between the parties or
further Order of Court. Notwithstanding this provision, the parties agree that should the
Mother decide to relocate to the town in which her mother currently resides, or if any
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move by either party is beyond a thirty mile radius of Carlisle but within thirty miles of
the other party, such relocation shall not require agreement of the parties or further
Order of Court.
8. Any modification or waiver of any of the provisions of this agreement shall
be effective only if made in writing and only if executed with the same formality of this
agreement.
9. The parties agree that in making this agreement there has been no fraud,
concealment, overreaching, coercion or other unfair dealing on the part of the other.
10. The parties desire that this agreement be made an order of Court through
the Court of Common Pleas of Cumberland County, and further acknowledge that the
Court of Common Pleas of Cumberland County has jurisdiction over the issue of
custody of the parties' minor children and shall retain such jurisdiction should
circumstances change and either party desire further or require further modification of
said Order.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the
terms hereof, set forth their hands and seals the day and year herein set forth.
WITNESSETH:
Date: 1f~ -.!rC) 0
(SEAL)
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BARBARA K. ALBRIGHT
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
On this, the3lr.dday of 4uC\.., 2000, before me, the undersigned officer,
personally appeared Karl N. AI~nown to me (or satisfactorily proven) to be the
person whose name is subscribed to the within instrument and acknowledged that he
executed same for the purposes therein contained.
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
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NOTAlIIALS&AI.
MElUNE J. MNlH-, NOT>>rtPU8IJC
CARUSLE. CUMllERlAND COUNlY, PA
r.rt COMMISSIONEXPIRESJUNE 8, 2002
On this, the ~day O~Gi./I~OOO, before me, the undersigned officer,
personally appeared Barbara K. Albright, known to me (or satisfactorily proven) to be
the person whose name is subscribed to the within instrument and acknowledged that
she executed same for the purposes therein contained.
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IN WITNESS WHEREOF, I hereunto ~?\my hand and official seal.
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Notary Public
(SEAL)
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Harold S. Irwin Ill, Notary Public
Carlisle Bora. Cumberland County
My Commission Expires Sept. 23, 2002
Member, Pennsylvania Association at Notaries
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KARL N, ALBRIGHT,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
00-1180
CNIL ACTION LAW
BARBARA K. ALBRIGHT,
Defendant
IN CUSTODY
ORDER OF COURT
AND NOW, this -z.o day of S ~ ' 2001,
consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
upon
I. The parties shall engage in a course of counseling with a professional to be selected by
agreement of the parties. The purpose of the counseling shall be to assist the parties in developing the
necessary communication and cooperation to enable them to effectively co-parent their Children. The
parties shall follow the recommendations of the counselor with respect to participation in counseling
by any additional individuals deemed necessary by the counselor. The parties shall also follow the
recommendations of the counselor with respect to the frequency and duration of counseling. All costs
of counseling which are not reimbursed by the Father's insurance coverage shall be shared equally
between the parties.
2. The parties shall submit themselves, their minor Children, and any other individuals deemed
necessary by the evaluator, to a custody evaluation to be performed by a professional selected by the
Father. The purpose of the evaluation shall be to obtain independent professional recommendations
concerning ongoing custody arrangements which will best serve the needs of the Children. The parties
shall sign any authorizations deemed necessary by the evaluator in order to obtain additional
information pertaining to the parties or the Children. The Father shall be responsible to pay the costs
of the evaluation initially but reserves the right to petition the Court for an allocation of costs in the
future.
3. Pending further Order of Court or agreement of the parties, the parties shall have custody of
the Children in accordance with the following schedule:
A. The Mother shall have primary physical custody of the Children.
B. The Father shall have partial physical custody of the Children on alternating
weekends, beginning September 14, 2001, from Friday at 7:00 p,m. through Sunday at 7:00 p.m. The
parties agree to cooperate in adjusting the exchange times when necessary to accommodate the
Children's activities, including, Lindsay's participation in ski club with the Father.
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C. The Father shall also have custody ofthe Children every Wednesday from 4:00 p.m.
through 7:30 p.m. The parties shall cooperate in adjusting the Father's weekday period of custody to a
different evening, if necessary, to accommodate the Children's activities.
D. In 2001, the Mother shall have custody of the Children on Thanksgiving Day from
9:00 a.m. until 2:00 p.m. and the Father shall have custody from 2:00 p.m. on Thanksgiving Day
through the following Sunday at 7:00 p.m.
E. Over the Christmas holiday in 2001, the Father shall have custody of the Children
from Friday, December 21 through Christmas Day at 2:00 p.m. and the Mother shall have custody
from Christmas Day at 2:00 p.m. through the end of the Mother's regular weekend period of custody.
F. The party relinquishing custody of the Children shall be responsible to provide
transportation for the exchange of custody, unless otherwise agreed between the parties.
Notwithstanding the foregoing, the Father shall be responsible to provide all transportation for
Wednesday evening periods of custody.
G. The parties shall cooperate in making necessary adjustments to the custody schedule
directly between the parties without involving the Children.
4. Within 60 days of receipt of the evaluator's written custody recommendations, counsel for
either party may contact the Conciliator to schedule an additional Custody Conciliation Conference, if
necessary.
BY THE CO~;
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Edgar B. Bayley,
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J.
Cc: James D. Flower, Jr., Esquire - Counsel for Father
Joan Carey, Esquire - Counsel for Mother
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KARL N. ALBRIGHT,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
00-1180
CIVIL ACTION LAW
BARBARA K. ALBRIGHT,
Defendant
IN CUSTODY
PRIOR JUDGE: Edgar B. Bayley
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
Lindsay Rae Albright
Katlyn Louise Albright
June 5, 1989
April 8, 1993
Mother
Mother
2. A Conciliation Conference was held on September 13, 2001, with the following individuals
in attendance: The Father, Karl N. Albright, with his counsel, James D, Flower, Jr" Esquire, and the
Mother, Barbara K. Albright, with her counsel, Joan Carey, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
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Date
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Dawn S. Sunday, Esquire ~
Custody Conciliator
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
KARL N. ALBRIGHT
v,
00-1180 CIVIL ACTION LAW
BARBARA K. ALBRIGHT
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW, Wednesday, September 25, 2002 , 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, Mechanicsbur2, PA 17055 on Thursday, October 24, 2002 at 10:00 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 pennanent 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 TIIE COURT.
By: Isl
Dawn S. Sunday. Esq.
Custody Conciliator
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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
HA VB 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
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HAROLD S. IRWIN, III, ESQUIRE
ATTORNEY ID NO. 29920
35 EAST HIGH STREET
CARLISLE PA 17013
(717) 243-6090
ATTORNEY FOR PLAINTIFF
s
KARL N. ALBRIGHT,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION. LAW
BARBARA K. ALBRIGHT, : NO. 00 -1180 CIVIL TERM
Defendant : IN DIVORCE
ORDER OF COURT
NOW, this day of , 2002, in consideration of the
attached petition, it is hereby directed that the parties and their respective counsel
appear before Hubert X. Gilroy, Esquire, the conciliator, on the 4th Floor, Cumberland
County Courthouse, on the day of , 2002, at . M. for a
P,1~-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 this
conference may provide grounds for entry of a temporary or permanent order.
By 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
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KARL N. ALBRIGHT,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION. LAW
BARBARA K. ALBRIGHT, : NO. 00. 1180 CIVIL TERM
Defendant : IN DIVORCE
PETITION FOR CUSTODY
NOW comes the defendant, Barbara K. Albright, by her attorney, Harold S. Irwin,
III, Esquire, and presents the following petition for custody, representing as follows:
1. The plaintiff, respondent herein, is Karl N. Albright, an adult individual
residing at 344 "C" Street, Carlisle, Cumberland County, Pennsylvania 17013.
2. The defendant, petitioner herein, is Barbara K. Albright, an adult individual
residing at 1125 Centerville Road, Newville, Cumberland County, Pennsylvania 17241.
3. The parties are the parents of two minor children, namely Lindsey Rae
Albright (born June 5,1989, age 13 years) and Katlyn Louise Albright (born April 8,
1993, age 9 years).
4. The present custody arrangement is previously agreed upon by the parties
and confirmed by Order of this Court dated August 14, 2000, a copy of which is
attached hereto and made a part hereof as Exhibit "A".
5. Petitioner seeks to modify the present custody order in effect for these
parties and their minor children to limit the amount of time that the children are with the
respondent in that the children, now age 9 and 13, no longer wish to spend as much
time with the respondent. Specifically, neither child wishes to spend any mid-week time
with the respondent or to stay with him for two nonconsecutive two week periods in the
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Summer. In addition, the oldest child has indicated that she does not want to spend any
time with the respondent because although the current order requires the parties to
consider the wishes and other plans of the children when scheduling visits with the
respondent, respondent refuses to do so.
6. Petitioner does not know of a person not a party to this proceeding who
has physical custody of the children or claims to have custody or visitation rights with
respect to the children.
7. Each parent whose parental rights to the children have not been
terminated and the persons who has physical custody of the children have been named
as parties to this action.
8. The best interests and permanent welfare of the children will be served by
granting the relief requested.
WHEREFORE, petitioner requests the Court to modify the current custody order
as aforesaid.
September 13, 2002
~
HAROLD S. IRWIN,
Attorney for defenda
35 East High Street
Carlisle, Pennsylvania 17013
(717) 243-6090
Supreme Court 1.0. No. 29920
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VERIFICATION
I do hereby verify that the acts set forth in this petition 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.
September 13, 2002
?--l1Jonl C'. ,-< OQJ.~\Y\.:-k,
BARBARA K. ALBRIGH
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HAROLD S. IRWIN, III, ESQUIRE
ATTORNEY ID NO. 29920
35 EAST HIGH STREET
CARLISLE PA 17013
(717) 243.6090
ATTORNEY FOR PLAINTIFF
KARL N. ALBRIGHT,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
BARBARA K. ALBRIGHT, : NO. 00 - ! I pO CIVIL TERM
Defendant : IN DIVORCE
ORDER OF COURT
AND NOW, this I'I~ day Of ~, 2000 upon presentation and
consideration of the attached stipulation and agreement and upon agreement of the
parties, it is hereby ordered and decreed that the attached agreement is made an Order
of Court.
BY THE COURT,
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TRUE COpy FROM RECORD
In Testimony whereof, I here unto set my hand
and .. .... of .... 5, r.rIisle Pa
This /~ 1!:- '~ ~
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KARL N. ALBRIGHT,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
BARBARA K. ALBRIGHT, : NO. 00 - t"/6-0 CIVIL TERM
Defendant : IN DIVORCE
STIPULATION AND AGREEMENT
THIS STIPULATION AND AGREEMENT entered into this day of
2000, by and between KARL N. ALBRIGHT (hereinafter referred to as "Father") and
BARBARA K. ALBRIGHT (hereinafter referred to as "Mother").
NOW THIS AGREEMENT WITNESSETH THAT:
WHEREAS, the parties are the parents of two (2) children, namely, Lindsey Rae
Albright (age 10, born June 5, 1989) and Katlyn Louise Albright (age 7, born April 8,
1993) and
WHEREAS, the parties wish to enter into an agreement relative to the custody
and partial custody of the children.
NOW, THEREFORE, in consideration of the mutual covenants, promises and
agreements as hereinafter set forth and intending to be legally bound, the parties hereto
agree as follows:
1. The parties shall have joint legal custody of the children, which shall
include, but not be limited to the mutual sharing of information and decisions with regard
to medical care, education, religious instruction.
- ," -, . ' -"",_ -:~_-. :.'C. . _' ,"'.c,'-, "
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2. The Mother shall have primary physical custody of the children, subject to
liberal partial custody and visitation with the Father, including alternating weekends and
at other times in the evenings and on holidays as mutually agreed between the parties
from time to time, depending on Father's employment hours and considering the wishes
and other plans of the children. The Father shall also have the children for up to two
nonconsecutive two week periods in the Summer, with notice to the Mother by May 1st
of the weeks he wishes to have the children.
3. Both parties agree that each party shall have reasonable telephone
contact with the children while the children are in the other party's custody and that the
children will be permitted to call the noncustodial parent as desired while they are in the
custody of the other parent.
4. The parties will keep each other advised immediately relative to any
emergencies concerning the children and shall further take any necessary steps to
ensure that the health, welfare and well being of the children is protected.
5. The parties shall do nothing that may estrange the children from the other
parent or injure the opinion of the children as to the other parent or which may hamper
the free and natural development of the children~s love or affection for the other parent.
6. Both parties have agreed to these terms in reliance upon each other's
representation and agreement that neither party will expose the children to any
unwholesome or unhealthy relationship involving another man or woman.
7. Both parties agree that they will not move or relocate beyond a thirty mile
radius of Carlisle, Pennsylvania without specific agreement between the parties or
further Order of Court. Notwithstanding this provision, the parties agree that should the
Mother decide to relocate to the town in which her mother currently resides, or if any
,
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move by either party is beyond a thirty mile radius of Carlisle but within thirty miles of
the other party, such relocation shall not require agreement of the parties or further
Order of Court.
8. Any modification or waiver of any of the provisions of this agreement shall
be effective only if made in writing and only if executed with the same formality of this
agreement.
9. The parties agree that in making this agreement there has been no fraud,
concealment, overreaching, coercion or other unfair dealing on the part of the other.
10. The parties desire that this agreement be made an order of Court through
the Court of Common Pleas of Cumberland County, and further acknowledge that the
Court of Common Pleas of Cumberland County has jurisdiction over the issue of
custody of the parties' minor children and shall retain such jurisdiction should
circumstances change and either party desire further or require further modification of
said Order.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the
terms hereof, set forth their hands and seals the day and year herein set forth.
WITNESSETH:
Date: 2)- :,-{)o
(SEAL)
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BARBARA K. ALBRIGHT
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COMMONWEALTH OF PENNSYLVANIA
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COUNTY OF CUMBERLAND
On this, the3Adday of ~Cl., 2000, before me, the undersigned officer,
personally appeared Karl N. AI~nown to me (or satisfactorily proven) to be the
person whose name is subscribed to the within instrument and acknowledged that he
executed same for the purposes therein contained.
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NOTARIAL 8EAL
lIERLENE J,IWlHEVI<A. NOTAFf'f PU8UC
CARUSLE. CI.IBERt.AND COUNtY. PA
II'( COMMI88ION I!XPIREII JUNE e. 2001
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
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On this, the ~day o~ c;;v2<2000, before me, the undersigned officer,
personally appeared Barbara K. Albright, known to me (or satisfactorily proven) to be
the person whose name is subscribed to the within instrument and acknowledged that
she executed same for the purposes therein contained.
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Notarial Seal
Harold S. Irwin ill, Notary Public
Carlisle Bora. Cumberlana County
My Commission Expires Sept. 23. 2002
1v1,;:mt:er, i1ennsylva.:-I;~ ~:s:Ciation O~ Notaries
IN WITNESS WHEREOF, I hereunto~mY hand and official seal.
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KARL N. ALBRIGHT,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
00-1180
CNIL ACTION LAW
BARBARA K. ALBRIGHT,
Defendant
IN CUSTODY
ORDER OF COURT
AND NOW, this ~ day of ~ ' 2002,
upon consideration of the attached Custody Conciliation Report, it is ordered"ltnd directed as follows:
1. The prior Order of this Court dated September 2001 is modified as provided in this Order.
2. Paragraph 1 of the prior Order is deleted and replaced with the following provision:
The parties shall engage in a course of joint counseling with Diane Libby, or other professional
selected by agreement of the parties. The purpose of this counseling shall be to address issues which
are causing conflict between the parties, address issues of concern to the Children in their relationships
with both parents, and to assist the parties in developing the necessary communication and cooperation
to enable them to effectively co-parent their Children. The parties shall follow the recommendations
of the counselor with respect to participation in counseling by the additional adults in each household
having substantial contact with the Children. The parties shall also follow the recommendations of the
counselor with respect to the frequency and duration of joint counseling sessions for the parties and
counseling involving the Children. The parties shall participate in a minimum of 6 joint sessions.
Within 2 weeks of the date of the Conciliation Conference, the parties shall select the counselor and
contact the counselor's office to schedule the initial session.
3. Paragraph 2 ofthe September 2001 Order is vacated.
4. The Father shall have custody of the Children over the Thanksgiving holiday from
Wednesday after school through Thanksgiving Day at 2:00 p.m. and the Mother shall have custody
from Thanksgiving Day at 2:00 p.m. through her regular weekend period of custody.
5. The Mother shall have custody of the Children over the Christmas holiday from December
20 through Christmas Day at 2:00 p.m. and the Father shall have custody from Christmas Day at 2:00
p.m. through New Years Day at 2:00 p.m.
6. 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 of the Children's love and respect for the other parent. Both parties shall ensure that third
parties having contact with the Children comply with this provision.
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7. 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 ofthis Order shall control.
Edgar B. Bayley,
J.
,----
BY THE COURT.....
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cc: Harold S. Irwin, III, Esquire - Counsel for Mother
James D. Flower, Jr.- Counsel for Father
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KARL N. ALBRIGHT,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
00-1180
CNIL ACTION LAW
BARBARA K. ALBRIGHT,
Defendant
IN CUSTODY
PRIOR JUDGE: Edgar B. Bayley
CUSTODY CONCILIATION SUMMARY REPORT
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IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
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1. The pertinent information concerning the Children who are the subjects of this litigation is
as follows:
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NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
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Lindsey Rae Albright
Katlyn Louise Albright
June 5, 1989
April 8, 1993
Mother
Mother
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2. A Conciliation Conference was held on October 24, 2002, with the following individuals in
attendance: The Mother, Barbara K. Albright, with her counsel, Harold S. Irwin, III, Esquire, and the
Father, Karl N. Albright, with his counsel, James D. Flower, Jr., Esquire.
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3. The parties agreed to entry of an Order in the form as attached.
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Date
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Dawn S. Sunday, EsqUIre
Custody Conciliator
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