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HomeMy WebLinkAbout02-5394 JOHN E. FOOSE, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW IN CUSTODY JESSICA M. FOOSE, Defendant NO, 02- 5Y1 Y CIVIL TERM COMPLAINT FOR CUSTODY The plaintiff, John E, Foose, by his attorneys, the Family Law Clinic, sets forth the following cause of action: I. The plaintiff is John E. Foose, residing at 4 West Main Street, Apartment 3, Newville, Cumberland County, Pennsylvania, 17241. 2, The defendant is Jessica M, Foose, residing at 8 East Main Street, Newville, Cumberland County, Pennsylvania, 17241. 3, Plaintiff seeks custody of the following children: Name Present Residence Date of Birth Katie Ann Foose 8 East Main Street 6/3/99 Newville, PA 17241 Noah Tyler Foose 8 East Main Street 6/14/01 Newville, PA 17241 The children were not born out of wedlock. The children are presently in the custody of Jessica M. Foose, who resides at 8 East Main Street, Newville, Cumberland County, Pennsylvania, 17241. During the past five years, the children have resided with the following persons and at the following addresses: Persons Address Dates John E, Foose and Jessica M, Foose 4 West Main Street, Apt. 3 Newville, PA 17241 March 1999- November 1,2002 November 1,2002- Present Jessica M, Foose, Donald Keebaugh, Mmy Keebaugh, and others, who are unknown, 8 East Main Street Newville, PA 17241 The mother of the children is Jessica M, Foose, currently residing at 8 East Main Street, Newville, Cumberland County, Pennsylvania, 17241. She is married, The father of the children is John E. Foose, currently residing at 4 West Main Street, Apartment 3, Newville, Cumberland County, Pennsylvania, 17241. He is married. 4, The relationship of the plaintiff to the child is that of father, The plaintiff resides with the following persons: Name Relationshin none 5, The relationship of defendant to the child is that of mother. The defendant currently resides with the following persons: Name Katie Ann Foose Noah Tyler Foose Donald Keebaugh Mary Keebaugh Others Relationshiu daughter son friend friend Unknown 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court, Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state, 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, 7, The best interest and permanent welfare of the children will be served by granting the relief requested because: a) Plaintiff recently learned that Donald Keebaugh, with whom the defendant resides, is a registered sex offender as per Megan's Law, 42 Pa, C.S,A. *9795,1, and the defendant has stated that she will not remove the children from Mr, Keebaugh's home, b) The children have resided at their apartment at 4 West Main Street, Apartment 3, Newville, Pennsylvania, with their father from the time of their birth until the defendant removed the children and placed them with her in Mr, Keebaugh's home, c) The plaintiff is willing to exercise primary custody of his children, and provide the children with the care that they need, d) The plaintiff has made arrangements for a babysitter while he is at work. e) The plaintiff is willing to make arrangements for the defendant to have partial custody in order for the children to develop strong parent/child relationships with both parents, 8. Each parent whose parental rights to the children have not been terminated has been named as parties to this action. WHEREFORE, Plaintiff requests this Honorable Court to grant him primary custody of the children Date~ L I' ..>JI.ly-r.nAU./..J' PhtJiL.r- Suzanne H. Rhodes Certified Legal Intern ~wM THOMA ,LACE ROBER E, RAINS LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 VERIFICATION I verity that the statements made in this Custody Complaint are true and correct to the best of my personal knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. n\ - Date: ,vOl) .:J, 'J.(!)02 , [Fil(P.Q. n c (' ;',) '/"': , '-. "-1', ',:1 (.' _:~ JOHN E. FOOSE, Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : CIVIL ACTION -LAW : IN CUSTODY JESSICA M. FOOSE, Defendant/Respondent : NO. 02- CIVIL TERM PETITION FOR SPECIAL RELIEF SEEKING EMERGENCY CUSTODY PURSUANT TO PA R.C.P.1915.13 AND NOW, this 6th day of November, 2002, pursuant to Rule 1915.13 of the Pennsylvania Rules of Civil Procedure, comes the Petitioner, John E, Foose, by his attorneys, the Family Law Clinic, seeking emergency custody of his minor children, Katie Ann Foose, born June 3, 1999, and Noah Tyler Foose, born June 14,2001. Petitioner states the following in support of his Petition for Special Relief: 1. Plaintiff/Petitioner is (hereafter "Father"), is an adult individual who resides at 4 West Main Street, Newville, Cumberland County, Pennsylvania 17241. 2, Defendant/Respondent is Jessica M. Foose (hereafter "Mother"), an adult individual whose residence is 8 East Main Street, Newville, Cumberland County, Pennsylvania, 17241. 3. Father and Mother are married, 4, The parties are the biological parents of Katie Ann Foose (hereafter "Katie"), born June 3, 1999, and Noah Tyler Foose (hereafter "Noah"), born June 14,2002. 5. On November 1, 2002, the Father and Mother separated, and the Mother moved with Katie and Noah to the home of Donald Keebaugh and Mary Keebaugh, 6, Pursuant to 42 Pa.C.S.A~9795.1, Donald Keebaugh is registered under Megan's Law as a sex offender, In 1996, Donald Keebaugh was convicted of indecent aggravated assault, corruption of minors, and two counts of indecent assault without consent. 7, Although Mother was informed by Officer Randy Finkey of the Newville Police Department that Donald Keebaugh is a registered sex offender, Mother has refused to remove the children from Mr. Keebaugh's home. 8. On November 4,2002, Father spoke to Mother and requested her to remove the children from the Keebaugh residence and she r,efused. 8. On November 6, 2002, Father, by and through his attorneys, filed a Complaint for Custody. He is currently awaiting the scheduling of a Custody Conciliation. 9. Father has been involved in the care of the children from their birth until the present time, and is very concerned about their welfare. 10. Despite the fact that Father has had Protection from Abuse Orders against him and has had criminal convictions, he has never been convicted ofhanning a child and he believes that he can provide the children with a safe and nurturing environment. 11. As Mother is knowingly living in the home of a. sex offender, Father believes that it is in Katie and Noah's best interests for Father to have shared legal and primary physical custody of Katie and Noah, with Mother having liberal periods of partial custody provided that it is not exercised at the home of, or in the presence of, Mr. Donald Keebaugh. Wherefore, Father requests the Court to order the immediate return of the children to the custody of Father and grant him shared legal and primary physical custody of the child pending a hearing on this matter. Date: II / & 101- ~1!:/WZL 11 R/71?t~ Suz ne H, Rhodes Certified Legal Intern 0. ctJU THO ROB T E. RAINS LUCY JOHNSTON- WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717)-243-2968 VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa, C.S. S4904 relating to unsworn falsification to authorities. tJou 5/ ~OO~ , r~ !:ale o c -oG"' t"!:l\ '; .0-::' ((\., (', "",-'~:c" :{~~ ~.~." >~ :.2 --..: ":1 () 11 ,OT'" \ Co: ..\, .~." (1) NOV 0 6 2002 ~ JOHN E. FOOSE, Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY : /' q~' : NO, 02'>~CIVIL TERM JESSICA M. FOOSE, Defendant/Respondent M O~~~OURT AND NOW, this r day of~, 2002, upon consideration of the attached Petition for Special Relief, it is hereby Ordered as follows: 1, Effective immediately, the DefendantlRespondent shall return the minor children, Katie Ann Foose and Noah Tyler Foose, to the Plaintiff/Petitioner, John E. Foose, and the Plaintiff/Petitioner shall have shared legal and primary physical custody of his minor children pending further order of this Court, Newville Police Department will be directed to assist with this transfer of custody if necessary, Defendant/Respondent shall have partial physical custody as the parties agree, The Cumberland County Sheriffs Department is directed to serve the Order of Court and Petition for Special Relief on the Defendant. .. V'; \',i\jt\l.\S\~ N~Jd \ \ \ 11~1 """\,,,-,., ~.1-11_ ."',.,r,.: t, \(\t"'\ 1\..:'..1 .~1J t ,_", -,,..,, '~t l\..J 9'1 :()\ \1'..1 -'.'-,1 9 - J\Ut~ ZQ 2. 1\..hearinp rOB_.:L."5 ILls PaHiu.. fu ~1'811i!!l It- r [' I t I d w.'" ", ";;11;; y "" 11;; U1t:U ror the _Ui:lY of . , 2002 at n'r:lnr:K- M in Conrtmr.- }' r _.i11;;1 ('11.... h-~ilM;l r'. b. r< ' _ _8~../ i"\l1rtnrm~p r'JIrl,cola DIM 1 . , RS)..u.H1i1l1UU, at which timetn r c;:: P,"=_.H ~H15 .. :.1. th~ir legal counsel, shall annear in T'~,R BY THE COURT , 1. Copy r'r'5d1 o.{ ~ ('err! (yvdeof fo fj(\/P/J +u f:""ly Lq.,) ~~)'(" fo.O}( JOHN E, FOOSE PLAINTIFF IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 02-5394 CIVIL ACTION LAW JESSICA M. FOOSE DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, November 14, 2002 , upon consideration ofthe attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, December 10, 2002 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. Tbe court bereby directs tbe parties to furnisb any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to tbe conciliator 48 bours prior to scbeduled bearin~. FOR THE COURT, By: Isl Jacqueline M. Verntry. Esq. c., 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 HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIlE OFFICE SET FORTIl 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 ._~ ) . ~ ~ r ~ ~ ~ -ea.)/'/l ,#p~ ~~ (O.}/./I 'X~ p". ~ ~e1 -f"?) et7.p/'l/ 'i1~!\f,\l,\S~!N?d , 11\10r""', ;""',", ,-. --;'f'J~r'\ /\.. " ,.}o)..,o;:o-:,::-:_/ll k) G (; :Z ! Jd 8 I l~oJ.:'~ MAY 1 3 2003~ JOHN E. FOOSE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2002-5394 CIVIL TERM JESSICA M. FOOSE, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this 13th day of May, 2003, the Conciliator not being contacted for another Conciliation Conference for 90 days, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, It, ! onciliator ;_.. U.,l( C);' u.:: ::-, ,. lJ._ --. Co';. C:J L.L\ i.. ;-,-J ;?;: l () W,~ C Lt- C .............. .. , CL.. <( ,.~ r (J) -,7 u,_~ .'--;<' ~~.J CG 1.10_ -::,: :':.j o '....::) ~--' ~';:. :c. (') (:J JOHN E. FOOSE, Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : CIVIL ACTION - LAW : IN CUSTODY JESSICA M. FOOSE, DefendantlRespondent : NO. 02-5394 CIVIL TERM PETITION TO MODIFY CUSTODY ORDER I, PlaintifflPetitioner, John E, Foose, by and through his counsel, the Family Law Clinic, respectfully represents that on November 8, 2002 an Order of Court was entered upon consideration of Plaintiff' s Petition for Special Relief Seeking Emergency Custody Pursuant to PA R.C.P. 1915.13 for custody of Katie Foose, born June 3,1999 and Noah Tyler Foose, born June 14,2002, a true and correct copy ofwhic:h is attached as Exhibit A. 2, This Order should be modified because: a, The parties now have an additional child, Logan Foose, born October 12, 2003, and the current Order only addresses Katie Foose and Noah Foose. b. Since their separation on July 4, 2005, the parties have been following the arrangement set forth in the current custody order for all three children, not just Katie Foose and Noah Foose. c. Plaintiff is ready, willing, and able to meet the needs of the children. d. Plaintiff is willing to encourage a relationship between the children and their mother, WHEREFORE, Petitioner asks that the Court modify the existing Order for Custody, granting Plaintiff/Petitioner, John E. Foose, primary physical custody and legal custody of Logan Foose, as it will be in the best interest of the child. Respectfully submitted, DateZ2J 1Z.)cn 15M ertifiell Legal Inte ~ . ~,fLt.,- ft ~ . PLACE . ROBERT RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 VERIFICATION I verify that the statements made in the foregoing complaint are true and correct, to the best of my knowledge, information and belief, I understand making any false statement would subject me tot he penalties of 18 Pa.C,S. ~4904, relating to unsworn falsification to authorities. Date f\ Ll% J,1 cQeo~ , -[~ E. Foose, Defendant j' NOV 0 6 2002 ~ JOHN E. FOOSE, Plaintiffi'P etitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY : ,.. cd : NO, 02.v'~bvIL TERM JESSICA M. FOOSE, DefendantlRespondent '" 'W'OURT AND NOW, this r day of . ,2002, upon consideration of the attached Petition for Special Relief, it is hereby Ordered as follows: 1, Effective immediately, the DefendarltJRespondent shall return the minor children, Katie Ann Foose and Noah Tyler Foose, to the Plaintiff/Petitioner, John E, Foose, and the Plaintiff/Petitioner shall have shared legal and primary physical custody of his minor children pending further order of this Court, Newville Police Department will be directed " to assist with this transfer of custody if necessary, DefendantlRespondent shall have partial physical custody as the parties agree, The Cumb(:rland County Sheriff's Department is directed to serve the Order of Court and Petition for Special Relief on the Defendant. , . 2, " ". \ ' h JUlea rof tlle Jay . mn 11.: p....+;f.!..&J. fer 8:fll]iji~ R....~J.yJ. J.>:t J.1;:avuy o:>!".. v ~ A heann" <02 _ -=t5 0 ' - n'rlnr:k M in r;(J'lrtr(),,",~ }T~J.J.bvJ._' pf . 20~ at - - - - , , ~' Cnnrth""'OP ro<l;olo. 1)1P''1s).~ll'irrl/uU, at which timetne p",ll' ('l1~'hDrloif 8. ~8.JP..... - I hnll T il111a~~- ~ .. it" their legal counsel. s <u annea .-- ~ BY THE COURT, P 1. -".. \-\ :-rf -v <1 ( :c.:::. --c ;; C:,. "',_...'; ~ <g;; :l": C 6' -- r-> t,'Y~ f,~>:-~; ."-' ~:.:_ 1,- /'~}. ...., :;;c. l';'? q. 9.'$l t' ~ ~-- -<.1<0 ?}) \ (~O ---c~ y< j,,?~ :~2l ~ ;\;) ~ l"-> cP - JOHN E, FOOSE PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V, 02-5394 CIVIL ACTION LAW JESSICA M, FOOSE DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, August 18, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before JaclIueliue M, Veruey, Esq, ,the conciliator, at 4th Floor, Cumberland County Courtbouse, Carlisle on Thursday, September 22, 2005 at 9:30 AM for a Pre, Hearing Custody Conference, At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference, Failure to appear at the conference may provide grounds for entry of a temporary or permanent order, The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Isl Tacqueline M, Verney, Esq. Custody Conciliator f:# The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990, For infonnation 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 .;ourt, You must attend the scheduled conference or hearing, YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE, IF YOU DO NOT HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (7 I 7) 249-3166 - ~ ~.~ - ~ ~ j;". C"''' ~~,~:- ~ JC>",,-, -? ~ ;7 ~ ~ "'P -'<> ""-< ~ .". C"'o i'I'-'~~rl 1"'\-','\11 "<,\. ".-".. ,..., \/1'1-.1 ;. , fl'",,', ___"-;",,1,""1. I '....:.;..:'~Yi! !v }JJJr\ ; " ! ld SZ :JfW SOOl LO'lJ ,- . ,,-, id 3Hl :10 ,\,tlVlOi'<u01J.Vc l"lll::l .,....,q(}{" :1..;.::J. - JOHN E, FOOSE, PlaintifflPetitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY JESSICA M. FOOSE, Defendant/Respondent : NO. 02-5394 CIVIL TERM PETITION FOR SPECIAL RELIEF SEEKING EMER(;ENCY CUSTODY PURSUANT TO PA R.C.P. 1915.13 AND NOW, this day of , 2005, pursuant to Rule 1915,13 of the Pennsylvania Rules of Civil Procedure, the PlaintifflPetitioner, John E, Foose, by his attorneys, the Family Law Clinic, files this petition seeking emergency custody of the minor child, Logan Foose, born October 12, 2003, In support of his Petition for Special Relief, Petitioner avers the following: I, The petitioner is Plaintiff John E, Foose (hereinafter "Father"), an adult individual who currently resides at 4 West Main Street, Apartment 2, Newville, Cumberland County, PA, 17241. 2, The respondent is Defendant Jessica M. Foose (hereinafter "Mother"), an adult individual who currently resides at 15 West Main Street, Newville, Cumberland County, PA 17241. 3, The parties are the parents of Logan Foose (hereinafter "the child"), born October 12,2003, The parties are also the parents of Katie Foose, born June 3,1999, and Noah Foose, born June 14,2002. 4, The parties originally separated on November I, 2002, Father filed a Complaint for Custody and a Petition for Special Relief on November 6, 2002. The resulting Custody Order, dated November 8, 2002, gave Father primary custody of the parties' two older children. 5. The parties later reconciled and had a third child, Logan Foose, the child subject to this petition. 6. The parties later separated again on July 4, 2005. 7. Since that time, Father has had primary custody of the parties' three children, except for a three day period in July when Mother removed the children from his custody without his permission. 8. On August 12,2005, Father, by and through his attorneys, filed and served a Petition to ModifY Custody Order with the purpose of including the child in the Order dated November 8, 2002. A Custody Condliation is scheduled for September 22,2005. 9, On August 25, 2005, Mother was released from the Cumberland County Prison after serving a sentence pursuant to a conviction on charges of simple assault after she physically struck Father, 10. After Mother's release, Father's babysitter, Jessica Metzner, overheard Mother's statement that she is going to remove Logan to her father's residence in the DelawarelMaryland area, as the current custody order does not cover Logan. II. Mother has contacted the police to confirm that they cannot enforce the current custody Order as to Logan. 12. Father firmly believes that Mother will attempt to remove the child from this jurisdiction, as she has in the past. 13. Father has been involved in the child's care since his birth and is concerned about his child's welfare, 14, Father avers that it is in the best interests of the minor child that Father be granted temporary legal and physical custody of the (:hild pending further Order of Court because: a. He has been the primary caretaker of the child since the child's birth; b, The child has lived with him since the parties' separation in July 2005; c, He is better able to care for the child; and d. Mother is threatening to disrupt the status quo by removing the child from Father's care to the Delaware/Maryland area, WHEREFORE, the petitioner, Plaintiff John E. Foose, respectfully requests that this Honorable Court enter an Order granting Father temporary II~gal and physical custody of Logan, order Mother to refrain from removing or threatening to remove Logan out of the jurisdiction of this Court, direct that the Sheriff or his deputy serve the Order on Mother, and schedule this matter for a hearing. Date: August 30, 2005 Respectfully submitted,f ~;&L THOMAS ]1,.1, PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 VERIFICATION I verify that the statements made in the foregoing Petition for Special Relief are true and correct, to the best of my knowledge, information and belief. I understand making any false statement would subject me to the penalties of 18 Pa. C,S, ~ 4904, relating to unsworn falsification to authorities. Date: ~ - 30 - oS L~ oose, PlaintiIDPetitioner () c-. , , , "" ,," ., , ". " :?~ (::':~ c.,., l".:) -n -f Ff~~ r [; )::;1. ('.- G::~ , , 'A~ C) :'~". S-;) .r:- eo JOHN E, FOOSE, Plaintiff : IN THE COURT OF COlvlMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : CIVIL ACTION - LA W : IN CUSTODY JESSICA M, FOOSE, Defendant : NO, 02-5394 CIVIL TERM MOTION FOR CONTINUANCE OF SEPTEMBER 8. 2005 HEARING Plaintiff, John E, Foose, by and through his attorneys, the Family Law Clinic, represent the following: 1. On August 12,2005, Plaintiff filed a Petition to Modify Custody Order. The Order of Court, dated August 18,2005, schedules a custody conciliation on Thursday, September 22, 2005 at 9:30 a,m. 2, On August 30, 2005, Plaintiff filed a Petition for Special Relief Seeking Emergency Custody Pursuant to PA R,C.P, 1915.13. The Order of Court, dated August 3 I, 2005, schedules a hearing for Thursday, September 8, 2005 at 11 :00 a.m. 3. The Order of Court, dated August 31, 2005, gives P1aintifflegal and primary physical custody of the parties' minor child, Logan Foose, born October 12, 2003, until further Order of Court, The Order also directs that Defendant shall not remove Logan Foose out of the jurisdiction of this court, 4. The Order of Court, dated August 31, 2005, also directs the Cumberland County Sheriff or his deputy to serve the Order on Defendant 5. Plaintiffleamed on September 6, 2005 that Defendant was admitted to the psychiatric ward of the Chambersburg Hospital on September 6, 2005, 6. The Sheriffs office as been unable to serve Defendant the Order scheduling the September 8, 2005 hearing, as of the time of the filing of this motion. 7. Plaintiff requests a continuance of the September 8, 2005 hearing, for the aforementioned reasons, and requests that paragraphs I and 2 of the Order of Court, dated August 31, 2005, giving Plaintifflegal and primary physical custody of Logan Foose and directing Defendant not to remove Logan Foose from this jurisdiction, remain in effect pending the conciliation scheduled for September 22, 2005, Date: September 7, 2005 ~luc~~ffi~vVI g,Z HO . PLACE ROBE ' E. RAlNS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX Supervising Attorneys F AMIL Y LAW CLlNIC 45 North Pitt Street Carlisle, P A 17013 717/243,2968 t;:"':~, (:;::J c.;" (j') r-n --r.:) I _J ~A -' :;r--"l] " \1 f'~':-: '-.-( () -;', ~,--,' ~ ':~~ " --'--\ ....r: "^' ,. '.0, :-<.. RECEIVED AUG~ f ~ I}- JOHN E. FOOSE, PlaintifflPetitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : CIVIL ACTION - LAW : IN CUSTODY JESSICA M, FOOSE, Defendant/Respondent : NO. 02-5394 CIVIL TERM ORDER OF COURT AND NOW, this :?\ day of ,2005, upon consideration of the attached Petition for Special Relief, it is hereby ordered as follows: 1, The petitioner, Plaintiff John E. Foose, shall have legal and primary physical custody of the parties' minor child, Logan Foose, bom October 12, 2003, until further Order of Court. 2. The respondent, Defendant Jessica M. Foose, shall not remove Logan Foose out of the jurisdiction of this court. 3. The Cumberland County Sheriff or his deputy shall serve this Order on Respondent without costs tothe Petitioner. 4. A hearing regarding this Petition for Special Relief is hereby scheduled for the o V- day of x1.p1;~ , 2005 at II: /) V / o'clock in Courtroom Number d, Cumberland County Courthouse, Carlisle, Pennsylvania, at which time the parties along with their legal counsel shall appear in person. f;: .:: l-".- LUS:,_~ (~C': Lt=2:~ ( ).c--.' 1,',': :]"_- tt!o-- dUJ u-fE lL o If) c~ ~ l:.c <:'J c') :.:=? ..,~,. "'" c;:::) =, c~ "1 C> J7" . v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LA W : IN CUSTODY JOHN E. FOOSE, Plaintiff JESSICA M. FOOSE, Defendant : NO. 02-5394 CIVIL TERM ORDER OF COURT AND NOW, this .---, day of (~~ 2005, upon consideration of the attached Motion for Continuance, the motion is granted. Pending conciliation on September 22, 2005 or further Order of Court, paragraphs I and 2 of the Order of Court, dated August 31, 2005, shall remain in full force and effect. \~ I *~ ~ /'1Rf2k ~ \ ~c.hz CA)U.-1~ ~ ~LM IUh1..J 1Ul- .W'~ ()~~ A.-rA p~c..Q AalI-<--1 9 \" 'q V' - BY THE COURT: . . /i:J- / ,""go (B.--' 'y ~--______ Date (') ('~) 0-J r- (./; (,.!"':, ,5 '''' " . v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LA W : IN CUSTODY JOHN E. FOOSE, Plaintiff JESSICA M. FOOSE, Defendant : NO. 02-5394 CIVIL TERM MOTION FOR CONTINUANCE OF SEPTEMBER 8. 2005 HEARING Plaintiff, John E. Foose, by and through his attorneys, the Family Law Clinic, represent the following: 1. On August 12,2005, Plaintiff tiled a Petition to Modify Custody Order. The Order of Court, dated August 18, 2005, schedules a custody conciliation on Thursday, September 22, 2005 at 9:30 a.m. 2. On August 30, 2005, Plaintiff tiled a Petition for Special Relief Seeking Emergency Custody Pursuant to PA R.C.P. 1915.13. The Order of Court, dated August 31, 2005, schedules a hearing for Thursday, September 8, 2005 at 11 :00 a.m. 3. The Order of Court, dated August 31, 2005, gives Plaintiff legal and primary physical custody of the parties' minor child, Logan Foose, born October 12,2003, until further Order of Court. The Order also directs that Defendant shall not remove Logan Foose out ofthe jurisdiction of this court. 4. The Order of Court, dated August 31, 2005, also directs the Cumberland County Sheriff or his deputy to serve the Order on Defendant. 5. Plaintifflearned on September 6,2005 that Defendant was admitted to the psychiatric ward of the Chambersburg Hospital on September 6, 2005. . - 6. The Sheriffs office as been unable to serve Defendant the Order scheduling the September 8, 2005 hearing, as of the time of the tiling of this motion. 7. Plaintiff requests a continuance of the September 8, 2005 hearing, for the aforementioned reasons, and requests that paragraphs 1 and 2 of the Order of Court, dated August 31, 2005, giving Plaintifflegal and primary physical custody of Logan Foose and directing Defendant not to remove Logan Foose from this jurisdiction, remain in effect pending the conciliation scheduled for September 22, 2005. Date: September 7, 2005 Respectfully Submitted, / //J ,>,;:;" ./ ~.6' 1..- ;;c; . " rIr:;J ~J, -eJ fyc THO . PLACE ROBE T E. RAINS LUCY JOHNSTON- WALSH ANNE MACDONALD-FOX Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 717/243-2968 ~~ - .------- r:? ';::~) ~\ '. \ _J '"":: c~) ...- r""l >;, - .1kECEIVED SEP 23 ZOOS }- JOHN E. FOOSE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : NO, 2002-5394 CIVIL TERM JESSICA M. FOOSE, Defendant : CIVIL ACTION - LAW : IN CUSTODY ! ORDER OF COURT , . AND NOW, this "Z-1 day of ~~ ~2005, upon consideration of the attached Custody Conciliation eport, It IS ordered and directed as follows: 1. The prior Orders of Court dated November 8, 2002, August 31, 2005 and September 7,2005 are hereby vacated. 2. Father, John E. Foose, shall have sole legal custody of Katie Foose, born June 3,1999, Noah Tyler Foose, born June 14,2002 and Logan Foose, born October 12, 2003. 3. Father shall have primary physical custody of the children. 4. Mother shall have periods of partial physical custody ofthe children, supervised by a competent adult. The parties shall agree upon who will be the supervising adult. The location and time ofthe custodial periods shall also be agreed upon by the parties. 5. Father and Mother shall keep one another advised oftheir current address and telephone number. 6. Neither parent will do or say anything, nor permit a third party to do or say anything that may estrange the children from the other party, 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 and respect for the other parent. 7. This Order is entered pursuant to 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. / BY THE <yURT, u;/ Edgar B. Bayley, c~. Gornall, certified legal intern, counsel for Father Lucy Johnston-Walsh, Esquire, Family Law Clinic ~sica M. Foose, pro se 15 West Main St. Newville, PA 17241 1. >. CL" :<J:: 1--- u.JC;~ CJt:"" t1: -12 Ore: T"j or:: WJ c.. ...J --lU u-if; t3 (") ..::r M ~ c:.: r-- N "L t~J (/) L.'":) = = "" ~:) o JOHN E. FOOSE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : 2002-5394 CIVIL TERM JESSICA M. FOOSE Defendant : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: I. The pertinent information concerning the Children who are the subj ect of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Katie Foose Noah Tyler Foose Logan Foose June 3, 1999 June 14,2002 October 12, 2003 Father Father Father 2. A Conciliation Conference was held in this matter on September 22, 2005, with the following individuals in attendance: the Father, John E. Foose, with his counsel, Renee M. Gornall, certified legal intern, Lucy Johnston-Walsh, Esquire, Family Law Clinic. Mother, although notified of the conference did not appear. 3. The Honorable George E. Hoffer entered an Order of Court dated November 8, 2002 regarding the two older children. The Honorable Edgar B. Bayley entered an Order of Court dated August 31, 2005 granting Father legal custody and primary physical custody. The Honorable Edgar B. Bayley entered an Order dated September 7, 2005 canceling the hearing scheduled on September 7, 2005. 4. The Father requested an Order of Court in the form as attached. q-.J.,;1-o5' Date ! 1 . ~ !0( tll~(. acq line M. Verney, Esquire ~ Custody Conciliator F\F1LES\DA T AFILE\General\Current\5492.71.pra Created, 9120104 0:06PM Revised, 12/7/05 1:53PM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 87445 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Defendant JOHN E. FOOSE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-5394 CIVIL ACTION - LAW JESSICA M. FOOSE, Defendant IN CUSTODY PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on behalf of Defendant Jessica M. Foose in the above matter. By Jen if< Ten E st igh Street Carlisle, P A 17013 (717) 243-3341 EARDORFF WILLIAMS & OTTO Attorneys for Defendant Dated: December 7, 2005 CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Rene M. Gornall, Certified Legal Intern Anne MacDonald- Fox, Esquire Family Law Clinic 45 North Pitt Street Carlisle, P A 17013 MARTSON DEARDORFF WILLIAMS & OTTO ~'11'((/~~ {[)t~ I (-- Tricia D. Eckenroad < Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: December 7, 2005 ;".' C' o JOHN E. FOOSE, PLAINTIFF V. JESSICA M. FOOSE, DEFENDANT AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-5394 CIVIL TERM ORDER OF COURT ta.. day of December, 2005, the request of Jessica M. Foose to reschedule a petition for special relief that was continued by an order of September 7,2005, IS DENIED.1 ~nnifer L. Spears, Esquire For Jessica M. Foose Rene M. Gornall Certified Legal Intern ForJohn E. Foose ,$mlljLOi.J CI,rJ1Q. :sal By the Court, ~l~ Edgar B. Bayley, J. " , Although the order of September ih indicated that the mother could seek an immediate court hearing on her petition for special relief, subsequently a conciliation conference was conducted on the merits of the case which resulted in an order of September 27,2005. That order supercedes any relief sought in the petition for special relief. >- a: N ,<( f-- CO w.J~') \2C~ :r:: ~r- ~1~ ..:.: (~) t~~~ I 2;,,: <::) WCl- N _JLU W u...r t~J I- 0 " u.. U? ~5 0 = = <--l (.) ~----------- -- __~__..~~c_~ JOHN E. FOOSE, Plaintiff /Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-5394 CIVIL ACTION - LAW JESSICA M. FOOSE, Defendant/Petitioner IN CUSTODY DEFENDANT'S PETITION TO MODIFY CUSTODY 1. Petitioner is Jessica M. Foose, an adult individual currently residing at 223 South Main Street, Chambersburg, Pennsylvania. 2. Respondent is John E. Foose, an adult individual currently residing at 4 West Main Street, Apt 2, Newville, Cumberland County, Pennsylvania. 3. The parties are the parents of Logan Foose, who was born on October 12, 2003, Katie Foose, who was born on June 3,1999, and Noah Foose, who was born on June 14,2002. 4. In his Order dated September 7, 2005, the Honorable Edgar B. Bayley directed that Defendant may seek an immediate court hearing, a copy of which is attached as Exhibit "A." Petitioner is requesting an immediate hearing regarding custody of her three children. 5. A Conciliation Conference was held on September 22, 2005, following which a Custody Order was entered, a copy of which is attached as Exhibit "B." 6. Petitioner was unable to attend said Conciliation Conference as Respondent left their three (3) young children with her at the time scheduled for the conference, and she had no vehicle to get to Carlisle from Newville, which Respondent knew and deliberately planned so she would be unable to attend. 7. Since that time, Petitioner has retained the undersigned and would like to see her children as soon as possible. 8. Petitionerrequests an expedited Conciliation Conference in this matter as she has had very little contact with her children since Respondent kicked her out of the marital residence. 9. Contrary to Respondent's allegations, Petitioner poses absolutely no physical or emotional threat to the children. 10. On the contrary, Respondent is attempting to alienate the Petitioner (Mother) from her children. WHEREFORE, Petitioner prays Your Honorable Court to reappoint the Custody Conciliator for an expedited Custody Conciliation Conference. MARTSO ~,N DEARDORFF WILLIAMS & OTTO By J nn Ten as High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Defendant/Petitioner Date: 12/28/05 ~ \.1 :::~~~~,"Apt. [~~ dart If- ,/ .- / JOHN E. FOOSE. Plaintiff : IN THE COURT OF COM}v10N PLEAS OF : Cl'MBERLAND COCr-iTY, PEi'-.'NSYL V fu"iIA : CIVIL ACTION - LA W : IN CUSTODY v. JESSICA M. FOOSE, Defendant : NO. 02-5394 CIVIL TERM ORDER OF COURT AND NOW, this .--, day Of~ 2005, upon consideration of the attached Motion for Continuance, the motion is granted. Pending conciliation on September 22, 2005 or further Order of Court, paragraphs 1 and 2 ofthe Order of Court, dated August 31, 2005, shall remain in full force and effect. ~.~~~.bfl1~~ kwn(~ ~'1 JJw f2~l-iimJr /lf~iAl ~. BY THE COURT: Date ..1 {\ Exhibit "A" ~ \,,, ::::::':,:::"" E><~) 01+- 13 '-(q ,- eEl \IE '0' ,':'J 93 .",oe , ,. c. _' v -.1 ~ .:.UUJ JOHN E. FOOSE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : NO. 2002-5394 CIVIL TERM JESSICA M. FOOSE, Defendant : CIVIL ACTION - LAW : IN CUSTODY f ORDER OF COURT { AND NOW, this J...7 day of~Jn11u) ,2005, upon consideration of the attached Custody Concili IOn Report, It IS ordered and directed as follows: I. The prior Orders of Court dated November 8, 2002, August 31, 2005 and September 7, 2005 are hereby vacated. 2. Father, John E. Foose, shall have sole legal custody of Katie Foose, born June 3, 1999, Noah Tyler Foose, born June 14,2002 and Logan Foose, born October 12, 2003. 3. Father shall have primary physical custody of the children. 4. Mother shall have periods of partial physical custody of the children, supervised by a competent adult. The parties shall agree upon who will be the supervising adult. The location and time of the custodial periods shall also be agreed upon by the parties. 5. Father and Mother shall keep one another advised of their current address and telephone number. 6. Neither parent will do or say anything, nor permit a third party to do or say anything that may estrange the children from the other party, 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 and respect for the other parent. 7. This Order is entered pursuant to 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. Exhibit "B" BY THE COURT, JS) ~'Jf3 {3n~9t Edgar B. ayley, J. cc: Rene M. Gornall, certified legal intern, counsel for Father / Lucy Johnston-Walsh, Esquire, Family Law Clinic Jessica M. Foose, pro.se 15 West Main St. Newville, PA 17241 JOHN E. FOOSE, Plain tiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 2002-5394 CIVIL TERM JESSICA M, FOOSE Defendant : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: I. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTL Y IN CUSTODY OF Katie Foose Noah Tyler Foose Logan Foose June 3, 1999 June 14,2002 October 12, 2003 Father Father Father 2. A Conciliation Conference was held in this matter on September 22, 2005, with the following individuals in attendance: the Father, John E. Foose, with his counsel, Renee M. Gornall, certified legal intern, Lucy Johnston-Walsh, Esquire, Family Law Clinic. Mother, although notified of the conference did not appear" 3. The Honorable George E. Hoffer entered an Order of Court dated November 8, 2002 regarding the two older children. The Honorable Edgar B. Bayley entered an Order of Court dated August 31, 2005 granting Father legal custody and primary physical custody. The Honorable Edgar B. Bayley entered an Order dated September 7, 2005 canceling the hearing scheduled on September 7, 2005. 4. The Father requested an Order of Court in the form as attached. -? --...... ./ <; - j ,"" -(, .) Date ,'\ , .' /' ~-t.,--<, /ci ,'C ,~y,(, 'lacq eline M. Verney, Esquire t! Custody Conciliator -' . VERIFICATION The foregoing Petition is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language ofthe document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties ofl8 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. ~ . \..-fJ1 . C:VCm-e.. Jessica M. Foose CERTIFICATE OF SERVICE I, Melissa A. Scholly, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Petition was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Rene M. Gornall, Certified Legal Intern Anne MacDonald- Fox, Esquire Family Law Clinic 45 North Pitt Street Carlisle, P A 17013 MARTSON DEARDORFF WILLIAMS & OTTO By l {\iC1dA{)(( a. Melis~a A. Scholly Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: 12/28/05 $) ~ 1'-'0 ~> ........, -l Y "'^ -..\ ~ u c::J ~ -.\ -:::t-. ~ <-' c:) ,-,:.:> <f1 cj r" \ (~") r'.) CO) o -n .-' :1:4'1 ~d~~ \:'\':~ ~ _ :... t 1'" \j.J '..'j )n"1 " ,~ :J-:} .-< JOHN E. FOOSE PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V AN[A V. 02-5394 C[VIL ACT[ON LA W JESSICA M. FOOSE [N CUSTODY DEFENDANT ORDER OF COURT AND NOW, .__X.r!day, December 30,2005 , upon consideration of the allached Complainl. it is hereby direcled Ihat parties and their respeclive counsel appear before Jacqueline M. Verney, Esq. . the conciliator, al 4th Floor, Cumberland County CourtbouseL<:'aEI!s-'.~, on .... ..I~II.r:sll~~,.~la!,uary 26, 2006 at 8:30 AM - --_.~--_.- for a Pre. Hearing Custody Conferencc. Al such confcrence, an effort will be made 10 resolvc the issucs in dispule; or if this cannot be accomplished. to detlne and narrow the issues 10 be heard by Ihe courl, and 10 enler into a lemporary order. All children age tlve or older may also be presenl al the conference. Failure 10 appear at Ihe conference may provide grounds for cnlry of a temporary or permanenl order. The court herehy 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 Jacqueline M. Verney, Esq. Custody Concilialor pf\ The Court of Common Pleas of Cumberland Counly is required by law to comply with Ihe Americans wilh Disabililes Acl of [990, For infomlalion abouI accessible facililies and reasonable accommodations available to disabled individuals having business before Ihe court, please conlact our omce. All arrangemenls must be made alleasl 72 hours prior 10 any hearing or business bet(we the court. You musl allend Ihe scheduled conference or hearing. YOU SHOULD TAKE TH[S PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFF[CE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Associalion 32 South Bedford Slreet Carlisle, Pennsylvania 170 I 3 Te[ephone (7[7) 249-3[66 ~~ - r'7~~~ 4ttf 't- ~7) ~lM I.c!olj S"v~3dJ'r )'tftj 9t-7J37.1l!:WJ,d~) l?3.]It-?f3() - ~QISI( '-1,,"\ I'.J 0'1.{rlll'" C.. t,<'ir ooe'l j' . _I ,t\V .,i Hit I j U f'," (:: f"" , L'" ~ JOHN E. FOOSE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO. 2002-5394 CIVIL TERM JESSICA M, FOOSE, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT ~ AND NOW, this (1 t-- day of ,2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated September 27,2005 shall remain in full force and effect with the following modifications. 2. Beginning January 28, 2006, Mother shall have supervised visitation every Saturday from 4:00 p.m. to 6:00 p.m. Father shall be the supervisor and the parties shall meet at the McDonald's at the entrance to the Chambersburg Mall. 3. Mother shall have supervised visitation as she arranges with Cumberland County Children & Youth Services. 4. This Order is entered pursuant to 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. Another Custody Conciliation Conference is scheduled for April 20, 2006 at 8:30 a.m. " ~ BY,ECOURT, / , ,./ '. / c~nifer L. Spears, Esquire, Counsel for Mother ,~ ..)1iuren Navalkowsky, certified legal intern, counsel for Father ~ I Lucy Johnston-Walsh, Esquire, Family Law Clinic fr.: <( f-'.- ,e ~:,-~: ~',~C) H- ::::~~ ~?C; On: WCL =:! LLl u...;I: ..... w_ o co co, ,c- o: I CO I"'; '-'- 0,0 = CC~ c-.J ;.1 .. ~-. :3 o JOHN E. FOOSE, Plaintiff /Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : 2002-5394 CIVIL TERM JESSICA M. FOOSE DefendantlPetitioner : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, J. 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 subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Katie Foose Noah Tyler Foose Logan Foose June 3,1999 June 14,2002 October 12,2003 Father Father Father 2. A Conciliation Conference was held in this matter on January 26, 2006 with the following individuals in attendance: the Mother, Jessica M. Foose, with her counsel, Jeffi1ifer L. Spears, Esquire and the Father, John E. Foose with his counsel, Lauren Navalkowsky, certified legal intern, Lucy Johnston-Walsh, Esquire, Family Law Clinic. 3. The Honorable Edgar B. Bayley entered an Order of Court dated September 27,2005 providing for Father to have sole legal custody and primary physical custody with Mother having supervised visitation. 4. The parties agreed to the entry of a Order in the form as attached. I-~~~O{P Date a~ j1~.U~L . acq line M. Verney, Esquire J Custody Conciliator APR 2 0 2005 r JOHN E. FOOSE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : NO. 2002-5394 CIVIL TERM JESSICA M. FOOSE, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this -z...\.. day of consideration of the attached Custody Conciliation follows: , 2006, upon eport, it is ordered and directed as 1. The prior Order of Court dated February I, 2006 is hereby vacated. The prior Order of Court dated September 27,2005 shall remain in full force and effect with the following modifications. 2. While Mother is residing in the same residence, she shall have periods of partial physical custody as agreed by the parties. 3. If Mother relocates to another residence, Mother shall have periods of partial physical custody for 40 hours per week at times agreed by the parties. 4. This Order is entered pursuant to 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. Edgar B. Bayley, 1. cc,:J€rinifer L. Spears, Esquire, Counsel for Mother ,J..a-6ren Navalkowsky, certified legal intern, counsel for Father William Martin, Esquire, Family Law Clinic "0 i.,"',.} H) (-'-...; ~ APR 2 () iOD6 (ftI JOHN E. FOOSE, Plaintiff /Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : 2002-5394 CIVIL TERM JESSICA M, FOOSE DefendantlPetitioner : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, J, CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: I. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Katie Foose Noah Tyler Foose Logan Foose June 3, 1999 June ]4,2002 October 12, 2003 Father Father Father 2. A Conciliation Conference was held in this matter on April 20, 2006 with the following individuals in attendance: the Mother, Jessica M. Foose, with her counsel. Jeooifer L. Spears, Esquire and the Father, John E. Foose with his counsel, Lauren Navalkowsky, certified legal intern, and William Martin, Esquire, Family Law Clinic. 3. The Honorable Edgar B. Bayley entered Orders of Court dated September 27,2005 and February 1,2006 providing for Father to have sole legal custody and primary physical custody with Mother having supervised visitation. 4. Mother is currently residing in the same house as Father and the children. 5. The parties agreed to the entry of an Order in the form as attached. L{ -'z.U~U rp Date ~MIh acqu ine M. Verney, ESq~ Custody Conciliator