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HomeMy WebLinkAbout00-01903 IN'THE COURT,OF COMMON PLEAS OF cukBERLAND COUNTY, PENNSYLVANIA -\~ CIVIL ACTION - tiw ANNA c. NEWTON, Plaintiff v. NO. fHJ _ ;Q03 ~ -rL-- ROBERT L. NEWTON, Defendant : IN CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached Complaint, it is hereby directed that the parties and their. respective counsel appear before ~~~~~. ~~q, ,the Conciliator, at ~q \t..J . \J.o\\"\.2>\ \-.\: . on the \ '8 day of \-AD'-I, ' 2000, at r, )\:) ~.m., for ,a Pre-Hearing Custody Conference. At such Conference, an effort wlll be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court and to enter into a temporary Order. Failure to appear at the Conference may provide grounds for entry of a temporary or permanent Order. BY THE COURT: ~~ 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 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact the office set forth above. 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. . .'"C,", .;.., ~. OO;iMflll~ -llib_~~iiil%~~_ij]~G~"';""-' ~~., - -'=."""~"""~r'-.It '-.-~ "=~>:.....'t :tIb\iiiai ,~w, ,~," (if: .' Fi-l r-n--t;cF1t'\f: ,..,-'-, '.r'f h.JL. ,'0"','" 'f" '()-AIRY ,-'I . -\.::\-. IA DO !1f1R 80 PH 3: r 5 (','U~I!i;<;:'",i !',"', "",~' INTY y ''-'--.., 'v;: -';U l.../Jll PENNSYlVl,NIA ' 3' - 3D, tC(:J J '3::) . (0 3'so.oa , 6d ~~Z ,ps. ~ ~ .z: dzII. {?~ ~ -t; 4!"~, . " ~c IN THE 'COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ANNA c. NEWTON, Plaintiff v. . ; NO. (}1J - No.3 Ct;J I.L<-> ROBERT L. NEWTON, Defendant IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, this /). R'-It day of VK.~ , 2000, comes the Plaintiff, ANNA c. NEWTON, by and through her attorney, Maryann Murphy, Esquire, of Legal Services, Inc., and respectfully files this Complaint for Custody, and in support thereof avers as follows: 1. The Plaintiff is ANNA c. NEWTON whose current address is 537 North Hanover Street, Apartment #9, Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is ROBERT L. NEWTON whose current address is 59 Branford Avenue, Groton, New London County, Connecticut. 3. The Plaintiff seeks primary physical custody of the following children: ZACHARY NEWTON, born November 26, 1994 and ALEXANDER NEWTON, born March 22, 2000 . ,,~ - "', ~ "",' A__, ,-'" ,-- "~~ttt. 4: ZACHARY was born otit of 'wedlock. ALEXANDER was born' in wedlock. 5. Plaintiff currently resides with the minor children. 6. Defendant resides with his girlfriend and their child. 7. During the lifetime of the children, they have resided at the following addresses with the following persons: Time Address With Whom birth-8/99 Connecticut Plaintiff/Defendant 8/99-11/23/99 537 N. Hanover St. Plaintiff/Defendant Apt. #9 Carlisle, PA 11/23/99-present 537 N. Hanover St. plaintiff Apt. #9 Carlisle, PA 8. The father of the children is ROBERT L. NEWTON. He is married to Plaintiff. 9. The mother of the children is ANNA c. NEWTON. She is married to Defendant. 10. Plaintiff has not participated as a party or witness or in any other capacity, in other litigation concerning the ,custody of the children in this or any other Court, except as set forth above. 11. The Plaintiff has no information of a custody proceeding ,-' """,.-,' -. .~ '. -- .", ; ','"- -- " " - concerning the children pending in a Court of this Commonwealth or in any other State. 12. 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. 13. Each parent whose parental rights to the children have not been terminated, and the persons who have physical custody of the children, have been named as parties to this action. There are no other persons known to have or claim a right to custody or visitation of the children and therefore, no further notice of the pendency of this action and the right to intervene shall be given, other than to the parties named herein. 14. The best interest and permanent welfare of the minor children will be served by granting Plaintiff primary physical custody of ZACHARY and ALEXANDER. WHEREFORE, Plaintiff requests this Honorable Court to grant her primary physical custody of the minor children. Respectfully submitted, Maryann urphy, Legal Services, 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 LD. # 61900 Attorney for Plaintiff , "", ~" .~~._~ ',," <:"'-' -- .~ VERIFICATION I, ANNA c. NEWTON, verify that the statements made in the foregoing Custody Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. ,~~~~ ANNA C. NEWTON -'-" -', ~ , ---."~'~- ,~~,"~ - - ~, v._" IN ~HE.cOURT OF COMMON PLEAS 'O'F c'OMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ANNA c. NEWTON, Plaintiff . .. : v. : NO. ROBERT L. NEWTON, Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Maryann Murphy, Esquire, do hereby certify that on the day of , 2000 I served a true and correct copy of the foregoing Complaint in Custody on the Defendant, ROBERT L. NEWTON at the address set forth below, by placing a copy of same in the united States Mail, postage prepaid, certified/restricted delivery. Robert L. Newton 59 Branford Avenue Groton, Connecticut 06340 Respectfully submitted, Maryann rphy, Legal Services, 8 Irvine Row Carlisle, PA 17013 (717) 540-8600 LD. # 61900 "t"1 --" "' ~ -:<-< . ,. -~- --', " ' - " ~ 4 ,Q ~ l}~! n'L~~~;:; ::"2:" ':"~.' II .~ , ",. ..Aill~i_~ll11WUl!~!!li~~,.'l'~, ~,-'1'-,. .".... 1" .~~liJ-t$!l~ftI~ ,r::- - .~ - a a ::~ :!:;;;., ::v "" Q) "2 .... o ~-q -~,! ,~'t 11 . 1) ~__ J""-' '.,-In') };[~ ,::;:;'C) (jrn '-i "'. :0 -< ~ ~ I'!L___~~~,._"_ ,_1!l~~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ANNA C. NEWTON, Plaintiff : NO. 0-0 - ;r163 ~ I~ v. : IN CUSTODY ROBERT L. NEWTON, Defendant PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, ANNA C. NEWTON, Plaintiff, to proceed in forma DauDeris. I, Maryann Murphy, Esquire, of Legal Services, Inc., attorney for the party proceeding in forma DauDeris, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. The party's affidavit showing inability to pay the costs of litigation is attached hereto. / Maryann urphy, Esquire Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 J.D. #61900 Attorney for Plaintiff " '.-, . _, -J -~, , ~- ~" u () ~ -DEl rtlrr; Z::..C &is -<.""" r-....... ~'--. )> zO -'~O :J-"'c: :z: ~ c" !IlI~..Iml\~r~)I~~ll;!.mfLJ ,i!l,"_~,~H~ .., r.:;,. o ::1t ;r>> :0'" N co () "n ---4 ~.:!; -t., "Jr= ::gf3 ~~~~ C:2~~ cSm ~ ~ 'v :::: ::: ':..51 o '""~~!IlIIl""",.'"":~"_.",~..l ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ANNA C. NEWTON, Plaintiff : NO. v. : IN CUSTODY ROBERT L. NEWTON, Defendant AFFIDAVIT IN SUPPORT OF PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS 1. I am ANNA C. NEWTON, Plaintiff in the above matter and because of my fmancial condition am unable to pay the fees and costs of prosecuting, defending, or appealing the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct. (a) Name: ANNA C. NEWTON Address: 537 N. Hanover St.. Apt #9. Carlisle. PA 17013 (b) Social Security Number: 176-54-3786 If you are presently employed, state Employer: Dickinson College Address: Carlisle. PA 17013 Salary or wages per month: $760.00 Type of work: food service -.-" -'~' ---,- -,"- - it , -_ ' - -, " . ~_,- _,_ _. ,,cc_, ,,~ If you are presently unemployed, state N/ A Date of last employment: N / A Salary or wages per month: N/ A Type of work: N/A (c) Other income within the past twelve months Business or profession: -0- Other self-employment: -0- Interest: -0- Dividends: -0- Pension and annuities: -0- Social Security benefits: -0- Support payments: -0- Disability payments: -0- Unemployment compensation and supplemental benefits: -0- Workman's compensation: -0- Public Assistance: -0- Other: -0- (d) Other contributions to household support NONE (Wife)(Husband) Name: N/A the Darties are seDarated If your (husband) (wife) is employed, state Employer: N/A '_'1. . ,.c-. , ~ - ,",-'" , -,~ " ~ - Salary or wages per month: N/A Type of work: N/A Contributions from children: -0- ( e) Property owned Cash: -0- Checking Account: $5.00 Savings Account: -0- Certificates of Deposit: -O- Real Estate (including home): -0- Motor vehicle: Make Ford Taurus Cost unknown Year 1993 Amount owed -0- Stocks; bonds: Other: (f) Debts and obligations Mortgage: -0- -0- -0- Rent: Loans: $450.00 month Balance is $1.000.00 - vavments of $25.00 ver month Monthly Expenses: $1.200.00 (g) Persons dependent upon you for support (Wife) (Husband) Name: N/A Children, if any: Name: Zachary Age: 5 vears old Name: Alexander Age: 6 davs old 4. I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date: 3\;:~ls\I)U , ~~ ,,\\IJ)\Q{\ ANNA C. NEWTON ~, '" 'eo, , ,.""",--~-~ ~, , '",_N " - c c.-: <.- a~&j ~~' ("'s l.- .' ~__c; "~, ;> .- <',"\") ~c;~~ ""':::::. -" -< . rlUl!f'~~ilrf'~,~~IQI~. , lli C) ~"') ::~ :;:;;.,. '"""<j --.., o .n -'-I r ~D8 ~~~ Ofil -. )->> :D -;: '~0 CO -n ::i': w ':-'1 <:l ~"""'!'l~HfQ!ilI..... _N~'" ,;j~~ , ~ 1-"--' ~ ~J,,~ " ~...' '...J..__ ;"~;; . ~o.. "-LlJ U-j!: lL. o '''111~ .. , ANNA C. NEWTON, Plaintiff : IN THE CXlURT OF OOMMON PLEAS OF : CUMBERLAND CXlUNTY, PENNSYLVANIA : VB. : NO. 00-1903 CIVIL TERM . . 89BERT L. ~ Z ~ 8i Cl.. 0>' Z,-:, <.~:~ '-'-'? NEWION, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF <XXlRT ("') >- e:r :C., ." -. ,] AND bUl, this ~b 1 consideration of the attached and directed as follows: day of Custody , 2000, upon on Report, it is ordered 1. The Mother, Anna C. Newton, and the Father, Robert L. Newton, shall have shared legal custody of Zachary Newton, born November 26, 1994. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. The Mother shall have sole legal custody of Alexander Newton, born March 22, 2000, pending the resolution of the paternity issue. 2. The Mother shall have primary physical custody of the Children. 3. The Father shall have partial physical custody of Zachary from sunday, May 21, 2000 at 12:00 noon through Thursday, May 25, 2000 at 8:00 p.m. For this period of custody, the Father shall pick up the Child at the Mother's residence and return custody of the Child to the Mother's residence. The Mother acknowledges that the Father is traveling from Massachusetts to pick up the Child and agrees to wait at her residence with the Child until at least 3:00 p.m. on May 21, in case the Father is late due to unavoidable circumstances. 4. In the event the Father is going to be late due to unavoidable circumstances for either the exchange of custody on May 21, 2000 or on May 25, 2000, the Father shall contact the Child's maternal grandmother, as the Mother does not have a telephone at her residence. 5. The Father shall ensure that his girlfriend is not present for either exchange of custody under this order. 6. The Father shall contact the Mother by telephone at the Child's maternal grandmother's home on Sunday evening, May 21, when the Child arrives at the Father's sister's home in Massachusetts and on Monday, May 22, 2000 and Wednesday, May 24, 2000 at 7:00 p.m. to ensure that the Mother has telephone contact with the Child. 7, The parties shall continue to discuss and attempt to reach an agreement as to ongoing partial custody arrangements for the Father and 0., -,- ~ , . - r 'WJ ~ . zachary. 8. This order is entered pursuant to an agreement of the parties at a Custody conciliation Conference. The parties may modify the provisions of this order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. 9. The provisions of this order shall be effective as of May 18, 2000, the date of the Custody Conciliation Conference. BY THE OJURT, cc: Maryann Murphy, Esquire - COunsel for Mother Thomas Flower, Esquire - Counsel for Father J. ~ !qaJJ t-j-()O 1?K3 .- , ANNA C. NEWTON, . IN THE COURT OF COMMON PLEAS OF . Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 00-1903 CIVIL TERM : ROBERT L. NEWTON, : CIVIL ACTION - LAW Defendant . IN CUSTODY . CUS'.l'ODY <nlCILIATICN SUMMARY REl'CRT IN AccamANCE WITH CUMBERLAND COUNTY RIlLE OF CIVIL PROCEDURE 1915.3-8, the undersignea 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 zachary Newton Alexander Newton November 26, 1994 March 22, 2000 Mother Mother 2. A Conciliation Conference was held on May 18, 2000, with the following individuals in attendance: The Mother, Anna C. Newton, with her counsel, Maryann Murphy, Esquire, and the Father's counsel, Thomas Flower, Esquire. The Father, Robert L. Newton, who resides in Massachusetts, participated in the Conference by telephone. 3. The parties agreed to entry of an Order in the form as attached. ;'J'htr cJol, -2A,-,r) Date t i1,~ Dawn S. Sunday, Esquire Custody Conciliator '-''''',.1'lI'Y'l!l!lfl..- - "~- --- .-r- ANNA C. NEWTON IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF v. ROBERT L. NEWTON 00-1903 CIVIL ACTION LAW DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, this 20th day of July ,2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 onthe 25th dayof July ,2000, 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. FOR THE COURT, llwn S. Sunda Es. Custody Conciliato~ 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. By: Isl 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 -h~,,,,,,,,,,,,,,, " , . ~_'<>iWl'~II!ti&<!~i!!il~~ llijD~IiliJIJl~ID'jjj,!!i~IiI~M.,.WlI~~~., _ . 7 'Ol/-~t1 )'o/r .tPtJ 7'oIf.C~ "~"" J, ri~ iilil.'-Ilt~ilJIi!iu.il""~' ':J"ii'\nr 00 JPl I:! :;: n5 ('I i:', '",:'::i':'_:'_'~ ,\ ....';-~ n~\! l11TY' .........!~I,__;,.... L....,',I.;L.,! I.,,;UU\J, PENNSYLV/~N!I~ tV-~~ -k:4~ 7r~~~.~~ ~~ /h~ ~. ~~ -- ~..._~ . vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-1903 CIVIL ANNA C. NEWTON, Plaintiff, ROBERTL. NEWTON, Defendant. CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached Motion, it is hereby directed that the parties and their respective counsel appear before Dawn S. Sunday, Esquire, the Conciliator, on the day of ,2000, at o'clock _.m., at 39 West Main Street, Mechanicsburg, 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. FOR THE COURT, By Custody Conciliator Date: I I I' II 11 I , I I I 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 ACTOF 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 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. BY THE COURT: Date: J. ",,~ ,-. -~-'-"-' vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-1903 CIVIL ANNA C. NEWTON, Plaintiff, . ROBERT L. NEWTON, Defendant. CIVIL ACTION - LAW IN CUSTODY MOTION FOR ADDITIONAL CONCILIATION 1. The Plaintiff is ANNA C. NEWTON, an adult individual, residing at 202 West North Street, Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is ROBERT L. NEWTON, an adult individual, residing at 2 Nelson Street, Clinton, Massachusetts 01510. 3. Paragraph 7 of a Custody Order entered May 31, 2000, states that '1he parties shall continue to discuss and attempt to reach an agreement as to ongoing partial custody arrangements for the Father and Zachary." 4. Discussions have broken down and no agreement to provide for Father's partial custody is forthcoming. WHEREFORE, Defendant requests this Honorable Court to direct that the parties and respective counsel appear at the earliest possible date before Dawn S. Sunday, Esquire, the Custody Conciliator, to resolve this issue in dispute. . ~ ! ~ i, ! ; i ~ ! ! ! , ~ ~ ~ i , I I 1,< I , ~.. - FLOWER, FLOWER & LINDSAY Attorneys for the Defendant B~~~ Thomas E. Flower 11 East High Street Carlisle, PA 17013 (717) 243-5513 1.0.#83993 ,..____~'~ M' _ _ ,__ '~" ' ""'c' . " -- - ~ -. -,.-, [^&,..,; c '~;P'_'" ~~" ". ., ".' "" ,.~~~-" ,~ -~,< ,~ ~ ~ o c: z -OCG rnrT~ ~:;:'\ -_C.t (/) . it~; )>c:: ~~\ -<. ~l~I.ilIJr!m .1.1 o o ,- s:; , () '-:1 --.-j ",~ip~ :~:~,8 - , '~~;~S ~~~;?, -< w ~~ \.0 ::> ,::;; ...,,1r ,,~ ~ ANNA C. NEWTON , . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . : vs. : NO. 00-1903 CIVIL TERM : ROBERT L. NEWTON , . CIVIL ACTION - LAW . Defendant . IN CUSTODY . aIDER OF COURT AND lOi, this 1ft consideration of the attached and directed as follows: day of --11 ~at- So f Custody Concili ion Report, , 2000, upon it is ordered 1. The prior Order of this Court dated May 31, 2000, is vacated and replaced with this Order. 2. The Mother, Anna c. Newton, and the Father, Robert L. Newton, shall have shared legal custody of Zachary Newton, born November 26, 1994. The Mother shall have sole legal custody of Alexander Newton, born March 22, 2000. 3. The Mother shall have primary physical custody of the Children. 4. The Father shall have partial physical custody of Zachary from sunday, August 6, 2000 at 10:00 a.m. until Sunday, August 20, 2000 at 6:00 p.m. In addition, the Father shall have partial physical custody of Zachary in Pennsylvania at any time the Father is visiting Pennsylvania upon providing 1 week advance notice to the Mother. The specific dates and times shall be arranged by agreement of the parties. 5. The parties shall alternate having custody of Zachary on holidays as follows: A. CIIRISTMAS: In 2000 and in even numbered years thereafter, the Father shall have custody of Zachary for 1 week during the Christmas holiday, to include Christmas Day. In 2000, the Father shall have custody of zachary from Saturday, December 23 through Saturday, December 30 at 6:00 p.m. The Mother shall have custody of Zachary over the Christmas holiday in odd numbered years. B. THANKSGIVING: In 2001 and in odd years thereafter, the Father shall have custody of Zachary for the Thanksgiving holiday frcm the Wednesday before Thanksgiving through 6:00 p.m. on the Monday after Thanksgiving. In even numbered years, the Mother shall have custody of zachary over the Thanksgiving holiday. , ,~ " ,... ~o ~. ,-~~ . ~ , .- ~, .' ,,-.,-~ ''1'-- , 'v1N\fAlASNN3d A1Nn08 ON'ifltl38V'In:) 9S:6 HV 0 I tlil~ 00 'I:J\I'C,:'.'''',:,:" JO ^ .L . ~'-" ~.;..\..."_.'~- jCiIJ:Kt{fj ;~~~ """f'il!I!- !II ~"""'_" H~" ~, ,~ ~ _~ _ill!i'Nffi~~'ill""#:;$ll~",~rnl!!f!~ ~ Jl~~'q~!~j . c. SPRING BREAK: In even numbered years, the Father shall have custody of zachary for the entire Spring Break from school until 6:00 p.m. on the day before school resumes. In odd numbered years, the Mother shall have custody of zachary over the Spring Break. 6. During the summer 2001, the Father shall have custody of zachary for 2 consecutive weeks during the middle of June and 3 consecutive weeks, which will include the last week of July and first two weeks of August. The Father shall give the Mother notice of the specific days for his 2001 summer custody schedule by May 1, 2001. Beginning in 2002 and continuing thereafter, the parties plan for the Father to have custody of Zachary for 5 consecutive weeks during each summer, subject to zachary's satisfactory adjustment to prior extended visits with the Father. The parties shall cooperate with each other in determining when the consecutive weeks should begin. 7. The Father shall provide all transportation for exchanges of custody, which shall occur at the McDonald's restaurant at the Plaza Mall in Carlisle. The Father shall contact the Mother by telephone when he arrives at McDonalds and the Mother shall bring Zachary to the Father. The Father's girlfriend shall remain inside McDonalds and the parties shall remain at their cars in the parking lot to transfer custody. 8. In the event the Father is going to be late for a custody transfer due to unavoidable circumstances, the Father shall contact the Mother to advise her of the situation. Because the Father is traveling from Massachusetts to pick up Zachary, the Mother shall wait at her residence for 2 hours beyond the time that the Father is scheduled to pick up Zachary in the event that the Father is late due to unavoidable circumstances. 9. The Father shall contact the Mother by telephone when Zachary arrives at the Father's sister's home in Massachusetts and the Father shall also contact the Mother at least 2 times each week while zachary is in his custody so that the Child can speak with the Mother. 10. While in the presence of Zachary, neither party shall make, or permit any other person to make, any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom Zachary should respect and love. 11. Each parent shall provide the other with a current telephone number and address where Zachary will be staying. 12. The parties shall comrrnmicate directly with one another regarding Zachary. Neither party shall permit third parties to become involved in custody issues which should be discussed solely between the parents. 13. Both parents shall Zachary and the other parent. Zachary on Sundays. permit reasonable telephone access between It is anticipated that the Father shall call ~ - ~., .,..,...-~ . ~ . ~ __~';""r.,,,," c 14. This Order is entered purs.uant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, J J. cc: Thomas E. Flower, Esquire - Counsel for Father Maryann Murphy, Esquire - Counsel for Mother .~ /' . ~ 0 L- ~ ,\\\Dk .. ANNA C. NEWTON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 00-1903 CIVIL TERM . . ROBERT L. NEWTON, . CIVIL ACTION - LAW . Defendant : IN CUSTODY PRIOR.:JUDGE: J. wesley O1er, Jr. CUSTODY CCIiICILIATIOO SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND <XXlNTY RULE OF CIVIL PROCEDURE 1915.3-8, the lD1dersigned 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 Zachary Newton Alexander Newton November 26, 1994 March 22, 2000 Mother Mother 2. A Conciliation Conference was held on July 25, 2000, with the following individuals in attendance: The Mother's colD1sel, Maryann Murphy, Esquire. The Mother was lD1able to attend the Conference due to her employment. The Father, Robert L. Newton, who currently resides in Massachusetts participated in the Conference by telephone. The Father's colD1sel, Thomas E. Flower, Esquire, was lD1able to attend the Conference due to a scheduling conflict. 3. It should be noted that paternity of Alexander may be at issue in this matter and at the present time, the Father is not requesting legal or physical custody of Alexander. 4. The parties agreed to entry of an Order in the form as attached. ~ ,?, QCX\7) , ~..qf~dPO Custody Conciliator , ROBERT L. NEWTON PLAINTIFF V. ANNA C. NEWTON DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-1903 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 12th day of January, 2001, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsbur2, PA 17055 on the 13th day of February ,2001, at 1:00 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 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. FOR THE COURT, By: /s/ Dawn S. Sunda Es Custody Conciliato 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 ATIORNEY AT ONCE. IF YOU DO NOT HAVE AN ATIORNEY 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 - ~_l i~j~"-~"iii~_lliIilMtstlAf.~;iii~i!illlimlsl".h~l~il'b4!~~.M"'IlO<f~" ~ ,"".~~ - UL - ~,^, ~,~"~ j.!frtJl )'/1/ .,pl j. II; . () ( ~ ~ -~ ,,--~.-.~ """'~ _1""'''''~'IIilU 1Ij':.:t~r= - "~~lIII U \ : ,~, \~ ll,:, \" ;'1 r,. r:; "j 1..." _,j i , - '-'I 't r"v CU1'.i:,,-.:;:'j~I' ,':",\J,) [~UJI\~1 , t\ tl-,.~,. 1'- ' ... <^~N\ ,t"VI' 1~\~\11L\ f't.\ i\:.:J.UJr;111\ M-t~~ -k4~~ 7l~)?1CutJ, Z; X:5. t:~ ~ ~ 46'~ -,~ " ~ ,'.'.," _ ','."_~ ,~, " . _ _..~M ~ .~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Robert L. Newton, Petitioner v. Anna C. Newton, Respondent No. 00 -1903 In Custody Civil Term ORDER OF COURT AND now, this day of , 2001, upon consideration of the attached Motion, it is hereby directed that the parties and their respective counsel appear before the conciliator, at , on the day of , 2001, at o'clock _' m. for a pre-hearing custody conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. For the Court, 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. By: Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 1,:1<' ,c_ --,- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Robert L. Newton, Petitioner v. Anna C. Newton, Respondent No. 00 -1903 In Custody Civil Term 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 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, By the Court, Date: J. ;"i"<" ". . , ~.. In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action - Law Robert L. Newton, Petitioner v. Anna C. Newton, Respondent No. 00 - 1903 In Custody Civil Term PETITION FOR CUSTODY CONCILIATION CONFERENCE NOW COMES, Robert L. Newton, Petitioner, by and through his attorney, Thomas E. Flower, of Saidis, Shuff, Flower & Lindsay, and avers as follows: 1. The Petitioner is Robert L. Newton, residing at 117 E. Westwood Dr., Wilmington, North Carolina. 2. The Respondent is Anna C. Newton, residing at _ North Street, Carlisle, Pennsylvania. 3. Petitioner and Respondent are the parents of the following child: Zachary Newton, born November 26, 1994, and presently in the custody of Respondent Anna C. Newton, and residing with her at _ North Street, Carlisle, Pennsylvania. 4. A custody conciliation conference was held before Dawn Sunday, Esquire. 5. An order of court was entered on August 9, 2000, by the Honorable Judge Oler, pursuant to the agreement of the parties. 6. This order called for Zachary to visit his father, Petitioner, during the Christmas holiday of the year 2000, and also provided that the parties were to maintain regular telephone contact between Zachary and the non-custodial parent. .'.f<'1 _ ~, ,-",- - . " -- 7. Respondent refused to permit the scheduled Christmas visit between Zachary and Petitioner, although Petitioner provided an airline ticket and paid for the personal escort of the child by an airline stewardess. 8. Respondent has changed her telephone number to a private unlisted number, which she has refused to provide to Petitioner, thereby preventing regular telephone contact between Zachary and Petitioner. 9. Petitioner requests that another Custody Conciliation Conference be scheduled as soon as it feasibly can be, so that the parties can resume compliance with this Court's Order of August 9,2000. WHEREFORE, the Petitioner, through his counsel, requests this Court to schedule a custody conciliation conference at the earliest convenient date. Respectfully submitted, ~~ Thomas E. Flower Counsel for Petitioner, Robert L. Newton Date: January 5, 2001 2 -':!{:" ~ , _,'___n_ .d,-' "i -. .,," ~ Ci.\wp51\hy~e\complaint.cus file #5310-97-01 January 5,2001 VERI FICA TION I, the undersigned, hereby verify that the statements made herein are true and correct, to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904, relating to unsworn falsification to authorities. ~~ Thomas E. Flower, Counsel for Robert L. Newton Date: January 5, 2001 c""" ~" , ~ CERTIFICATE OF SERVICE On this 5th day of January, 2001, I, Thomas E. Flower, hereby certify that I served a true and correct copy of the foregoing Petition upon Counsel for Respondent, Maryann Murphy, Esquire, by facsimile transmission, and by placing a copy of same in the United States Mail, postage prepaid, addressed as follows: Maryann Murphy, Esquire Legal Services, Inc. 8 Irvine Row Carlisle, P A 17013 SAIDlS, SHUFF, FLOWER & LINDSAY BY:~~ Thomas E. Flower, Esquire _"iI;'~ ., ,- ~ ~ ~ - ~, ~ .-.- ..j ,,-, . """P'r"l~'" ;,'f.~- . " .- r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ROBERT L. NEWTON, Plaintiff : No. 2000-1903 Civil Term v. ANNA C. NEWTON, Defendant : IN CUSTODY PRAECIPE TO WITHDRAW APPEARANCE To the Prothonotary: Please withdraw my appearance as counsel for Defendant in the above action in Custody. Respectfully submitted: ~,fltA Mary urphy, Esquire \../"3 MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 PRAECIPE TO ENTER APPEARANCE To the Prothonotary: Please enter my appearance as counsel for Defendant in the above action in Custody. Respectfully submitted: ~~1 Terti Henning, Esquire Family Law Clinic 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 ., "'0 ' ", i I I I I I l~ ,~~- ~ ~''''~_~~ !Il-,,,",,,,,~, ,= 'I' ,_ . ~. ~_. ~,~""''!'.,,~. R _" '.- ,. C) f:: :J:J.:<:: t!'if!! >t,. ~.:J-r' t5 c:~:- ;S~;: os: t:;, $0 '$: c5 c' .~ l " c::;, - S:) " .;:.- ~._,""" '~i:: <..) ';:) ;:;j!:"~~: - 5~:S ::~' -. - -~:{!~} ~:_, "~_i(-:'~' _~}ni :.0 '" S5 ,\:, 0;> f''l'~'~~!1l'_~~~lmi!)l~~~_~! _"'_'" II!! . ROBERT L. NEWTON, plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 00-1903 CIVIL TERM : ANNA C. NEWTON, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND Nai, this :A 0 It day of fib r v e ,~, 2001, upon consideration of the attached Custody Conciliation Reportt, it is ordered and directed as follows: 1. The prior order of this Court dated August 9, 2000 is vacated and replaced with this order. 2. The Mother, Anna C. Newton, and the Father, Robert L. Newton, shall have shared legal custody of Zachary Newton, born November 26, 1994. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. 3. The Mother shall ensure that the Father has the name and telephone number of the school in which the Child is enrolled, as well as the names and telephone numbers of all physicians, counselors, psychologists or other medical or psychological professionals providing evaluation or treatment for the Child. Both parties shall ensure that the other party has his or her current address and telephone number at all times. 4. The Mother shall have primary physical custody of the Child. 5. The Father shall have partial physical custody of the Child in Pennsylvania at any time the Father is visiting Pennsylvania upon providing one week advance notice to the Mother. The specific dates and times shall be arranged by agreement of the parties. 6. The parties shall alternate having custody of Zachary on holidays as follows: A. CBRIS'l'MAS: In 2001 and in odd numbered years thereafter, the Mother shall have custody of Zachary over the Christmas holiday. In 2002 and in even numbered years thereafter, the Father shall have custody of Zachary for 1 week during the Christmas holiday, to include Christmas Day. B. T8ANKSGIVING: In 2001 and in odd numbered years thereafter, the Father shall have custody of Zachary for the Thanksgiving holiday from the Wednesday before Thanksgiving through 6:00 p.m. on the Monday after Thanksgiving. In even numbered years, the Mother shall have custody of Zachary over the ; "'. . '. - ~ . .' ,,' " " ~ , 1)'ff~~I;\7AS;\J:\Pc! 'J"'I' 'I,' ~, ,..;" ^ .1 Ii I<. r, 1 , ';'-~"r"""~ ""'~l" " ','", :~-;-I/'\J'I"" -. ",-J, (tl..,J 9c :f: " , I if": : ., ,--, J ,,' r (. ~ "!J I I, II', I\t\ q , ~ ~"'~-""~, ,~-~....,.,~..... ~~~ ~ ""---"'~'~ ~,.,,,~_r,~IW"",WI\f'IW'''ffil'-''''''~''','~I!',~",,,_.....i!i,,,~IIl'6il~ii!l'\l!l'M,,,,,..,~""'iillll'm~~p~N!!;!]fltllJ!fj!fl~! . , Thanksgiving holiday. c. SPRING BREAK: In even numbered years, the Father shall have custody of zachary for the entire Spring Break from school until 6:00 p,m. on the day before school resumes. In odd numbered years, the Mother shall have custody of zachary over the Spring Break. 7. Unless the Child's counselor determines that it would be emotionally/psychologically harmful for Zachary to be transported by plane (under the supervision and care of a stewardess or steward providing special escort service) to the Father's residence in North Carolina for the Spring Break 2001, the Father shall have custody of the Child for Spring Break in 2001 and the even/odd numbered year designations of all other holidays in the preceding paragraph shall be changed accordingly. 8. During the summer 2001, the Father shall have custody of zachary from June 16 through June 30 and from July 29 through August 12. The parties shall cooperate in adjusting the period of custody in August to an earlier date if the Child's football practice begins earlier than August 12. Beginning in 2002 and continuing thereafter, the parties plan for the Father to have custody of Zachary for 5 consecutive weeks during each surrnner, subject to Zachary's satisfactory adjustment to prior extended visits with the Father. The parties shall cooperate with each other in determining when the consecutive weeks shall begin. 9. The Father shall provide all transportation for exchanges of custody under this order. The parties agree that the Child may travel by plane under the specially arranged supervision and care of a qualified airline employee on a non-stop flight unless recommended otherwise by the Child's counselor after evaluation of the Child's emotional well-being. The Father shall provide the name and telephone number of the individual at the airline with whom the Father has made arrangements for the special escort service to enable the Mother to confirm the arrangement and obtain additional information if necessary. 10. The non-custodial parent shall be permitted to have telephone contact with the Child 2 days per week. Unless agreed otherwise, the Father shall contact the Child by telephone every Sunday and Tuesday at 7:00 p.m. The custodial parent shall not interfere in any way with the telephone conversation between the Child and the non-custodial parent. 11. While in the presence or hearing of zachary, neither party shall make, or permit any other person to make, any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent. It shall be the duty of each parent to uphold the other parent as one whom Zachary should respect and love. 12. The parties shall communicate directly with one another regarding Zachary. Neither party shall permit third parties, including but not limited to, the Father's girlfriend, to become involved in custody issues which should be handled solely between the parents. ,,- , 13. This order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this order by mutual consent. In the absence of mutual consent, the terms of this order shall control. BY THE Q)URT, J. ~ ~~I0) ~-O\ Or D~ 't:~ cc: Thomas E. Flower, Esquire - Counsel for Father Matthew Goodrich and Teri Henning, Esquire - Counsel for Mother '1 "'?, ROBERT L. NEWTON, . IN THE COURT OF COMMON PLEAS OF . Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 00-1903 CIVIL TERM . . ANNA C. NEWTON, . CIVIL ACTION - LAW . Defendant : IN CUSTODY PRIOR JUDGE: J. wesley Oler I Jr. CUSTODY CCtiCILIATlOO SUMMARY REPORT IN ACCORDANCE WITH CllMBERLAND COONTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned CUstody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Zachary Newton November 26, 1994 Mother 2. A Conciliation Conference was held on February 13, 2001, with the following individuals in attendance: The Father's counsel, Thomas E. Flower, Jr., the Mother, Anna c. Newton, and the Mother's counsel, Matthew Goodrich and Teri Henning, Esquire. The Father, Robert L. Newton, resides in North Carolina and participated in the Conference by telephone. 3. The parties agreed to entry of an Order in the form as attached. F'c-JJ r'U ~ Date / t.f{ 'J...oc) I ~ Dawn S. Sunday, Esquire CUstody Conciliator ",~- "- "" ~. eo_' n' _ . ,," c "~ , 'On, n', "_~ " ~'" ... ANNA C. NEWTON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY ROBERT L. NEWTON, Defendant : NO. 2000-1903 PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Anna C. Newton, Plaintiff, to proceed in forma pauperis. I, Michelle L. Anderson, Certified Legal Intern in the Family Law Clinic, for the party proceeding in forma pauperis, certify that I believe the party is nnable to pay the costs and that I am providing free legal services to the party. Date:~1' VJ. Z())I LftrlJiJjL {J ~dLhxJJ1__ Michelle L. Anderso Certified Legal Intern ~I L M- THOMAS M. PLACE ROBERT E. RAINS TERI L. HENNING Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 717-243-2968 , - ^ -"" ~ , ',' ,,;~-:,~- -c',,;~:_>: _: .- -""--\-_h,;__:\:{-L\,~-.,:>~ ,-. ,,-' _-~ "',,, _~_,; ",> '- : .: '-' - c, ".~,' ~" " , """""""""""",", ". ",,''',. "'<'7 .~ -!,',:,r'_ "'","":~~Y_ w. ." _ - ~ I ,l._:.;,-", o C ? VB] n! fT~ z:;. -7,' Cry)> -<:>' r:C ~~i ;So .J>S;; /- -' -< ~~,~, ,_I' :. ",-^ ,~- .," C) "'" ~:-f5 N C) _.'(,J ~:.) -~ - , ~,,>' fi :..-:)rn , 53 -< ....!.... :-v ...J W.,.~,,,,,,,.IU,J , /lUG 2 0200fl) ANNA C. NEWTON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2000-1903 CIVIL TERM ROBERT L. NEWTON, Defendant IN CUSTODY CUSTODY AGREEMENT At'ID ORDER ('-. TIDS AGREEMENT, made this -5' day of August, 2001, between plaintiff, Anna C. Newton (hereinafter Mother), and defendant, Robert L. Newton (hereinafter Father), concerns the custody of their child, Zachary Newton, born November 26,1994. WHEREAS, the Mother and Father desire to enter into an agreement as to the custody of the child, Zachary Newton, and to have this agreement made an order of the court. Mother and Father agree to the following. ...." 1. Mother and Father shall share legal custody of Zachary. r 2. Beginning on bA"5v;' .\ , Father shall have primary physical custody of Zachary. 3. Mother shall have partial physical custody of Zachary as set forth in this Agreement and Order. 4. The parties understand and agree that they are entering into this Agreement and Order because Mother is re-entering the United States Navy, and that she is required to temporarily relinquish primary physical custody of Zachary in order to do so. 5. While this Agreement and Order is in effect, Mother shall have partial physical custody of Zachary as follows (as her work schedule permits): a. Mother shall have physical custody of Zachary on aU holidays, including Thanksgiving weekend (Thursday through Sunday), Christmas week (December _O'",n . 24th through January 1"), Zachary's Spring Break week, Easter weekend, Memorial Day Weekend, the Fourth of July, and Labor Day weekend. b. Mother shall have physical custody of Zachary during his entire summer vacation from school. 6. Transportation relating to custodial exchanges shall be shared by the parties, as agreed upon by the parties. 7. Mother and Father shall be entitled to reasonable telephone access with the child while the child is in the other's custody. Reasonable telephone access is anticipated to be one to two phone calls per week. 8. Mother and Father will notify each other of all medical care the child receives while in that parent's care. Mother and Father will notify the other immediately of medical emergencies which arise while the child is in that parent's care. 9. Neither parent will do anything which may estrange the child from the other party, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love and respect for the other parent. Both parents will make all reasonable efforts to prevent third parties from doing or saying anything negative about the other parent. 10. Each parent shall provide the other with their current telephone number and address. 11. The parties shall communicate directly with one another regarding Zachary. Neither party shall permit third parties to become involved in custody issues, which should be discussed solely between the parties. : ~ 'T_U c_ ,-,,~ ~ - <.. H:" ,-,.0" ',Y,"_" ,""~ ,-_,,.,,,,,,,,."!!'_ 'l'~=_,,-_~,^,? ..c,,' ".,"':'""''''-t':;L-''''il'.'-'"<- ,I ~ '""1',,0- - ~_ ___ ,.,.,,_ e , --,',",- -" ,- --- ,,' -~-", -, . 12. 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. 13. The parties intend to be bound by the terms of this Agreement and intend for this Agreement to be made an Order of Court. AwaN~ ~ JJUMk~- /Michelle L. Anders Certified Legal Intern d= t. ~- Thomas M. Place Robert E. Rains Teri L. Henning SUPERVISING ATTORNEYS Saidis, Shuff, Flower and Lindsay 2109 Market Street Camp Hill, PA 17011 717-737-3405 FAMILY LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 ORDER ANDNOWtbis .1..11 Ii dayOf.Jj.JO<.0 t ,2001,theaboveCustodyAgreementis ~- ~ :-.: . ~')' . . . ?'"~'~~'" .~c,,'''' , . . w_"';'.,"o ,. , , .,. >., , - , , , . k " l , ~ <- , T ~~_ !'I.,..""..""we,~,!ilfl~.-'t!!' -""'\'I r ~~~~, ~'" , - '."-1 AUG - 9 2001 0 C':} ,'~'''' ,--,' C --11 -'~ ~ ~"'" "1:J (r' '.' p'l r -I'~ '7) 2-. ~l: ;",) Z (/) ~l . ,=) -< ,- ~ c~: J:;:C) , ~C) ,-) PC --I ::--..::: "" ;;r::;:: =2 ~,,-J ...l ~~ -,-~"-" :"IIII~_I!l!I_ !_~~I" AUG 2 0 2001 tt7 ANNA C. NEWTON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2000-1903 CIVIL TERM ROBERT L. NEWTON, Defendant IN CUSTODY S:-l C) ~:;;: ;1j ~~~c: AND NOW, this 20 ("day of SJ:~"c: i'-J ~t ~~~ .~) :'::';;.: r-'-, Pc: j"\..) "..C? ~".. - ::;J- L ' ()) ~ "'" 0 ...> ..> 2001, upon consideration of the ORDER attached Agreement between Anna C. Newton and Robert L. Newton, and the Custody Agreement (Exhibit A) between Anna C. Newton (hereinafter Mother) and Charity Wade, formerly Charity Coble, (hereinafter Aunt), the following Order is hereby entered: 1. Mother shall have sole legal custody of Alexander Newton, born March 22, 2000. 2. Beginning on A" d.$" I 2:0,) {, Aunt shall have primary physical custody of Alexander. 3. Mother shall have partial physical custody of Alexander as set forth in this Agreement. 4. While this Order is in effect, Mother shall have partial physical custody of Alexander as follows (subject to her work schedule): a. Mother shall have physical custody of Alexander on all holidays, including Thanksgiving weekend (Thursday through Sunday), Christmas week (December 24th through January I"), Easter weekend, Memorial Day weekend, the Fourth of July, and Labor Day weekend. b. Mother shall have physical custody of Alexander during the entire swnmer. 5. Transportation relating to custodial exchanges shall be shared by Mother and Aunt, as agreed upon by Mother and Aunt. Co "--r '-'-' ,'" ,.~ -', ''::-' '~-,/~!,-",' ,"':"'::- ," ""'.:- ,. '. --." e" ',;-.:- ;'--r:- c) Tl "> .- .:?::; -'n j'::-;: ,., I.~ ~, ! ~~;> -n t5 ;~.5 r~>1 :.;,.:j :D -< 6. Aunt will notify Mother of all medical care the child receives while in her care. Aunt will notify Mother immediately of medical emergencies which arise while the child is in her care. 7. Aunt will do nothing which may estrange the child from Mother, or injure the opinion of the child as to Mother or which may hamper the free and natural development of the child's love and respect for Mother. Aunt will make all reasonable efforts to prevent third parties from doing or saying anything negative about Mother. 8. Mother and Aunt shall provide each other with their current telephone number and address. 9. Mother and Aunt 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 COURT: rJ/~ / , '7!~ ". "'.'_ - -", 0,:_ ," . " ", 0 " ~ ~ ANNAC. NEWTON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2000-1903 CIVIL TERM ROBERT L. NEWTON, Defendant IN CUSTODY AGREEMENT THIS AGREEMENT, made this ~ day of A"i-' r ,2001 between Anna C. Newton (hereinafter Anna) and Robert L. Newton (hereinafter Robert) concerns the custody of the child, Alexander Newton (hereinafter Alexander). WHEREAS, Anna and Robert desire to enter into an agreement as to the custody of the child, Alexander Newton, Anna and Robert agree to the following: 1. Anna and Robert were married on September 23, 1994. 2. Anna and Robert were separated in November 1999. 3. Alexander was born to Anna on March 22,2000. 4. Anna and Robert were divorced in September 2000. 5. Under Pennsylvania law, Robert is the putative father of Alexander; however, Robert denies, and has always denied, paternity of Alexander. 6. There is no existing court order establishing Alexander's paternity. 7. While Robert continues to deny paternity of Alexander, he consents to the terms of the attached Custody Agreement (Exhibit A) between Anna and Alexander's aunt, ,-~"" ,'r,~':,,__,U,-~"'.c_"'-",pc; ',. ,--,,;.--~. '''':')',;'' ~-,,- ~ -1-" _,,,_,~ ',."; ,~'''' ,--...,~,.~- -," , , l' - Charity Wade. Charity Wade (formerly Charity Coble), which vests primary physical custody of Alexander in ,--. ...J- ,(,11""1 h~,..~ ..,,-. 5":y^ '":;) ;7", /D /fc..L"~ Cc,~r.ll J"L.7"c-( ('_ '" ,-" J? ",,c /tI,~.,,_.!...- y_ cL, < r~ -.1_ -:::. /L.. ~ J cI" ad'"'" , ;" tl,', " I-C~ Robe Michelle L. Anders Certified Legal Intern er-ct1N-0\ . o~Flower,Esq. . ~/~&4 S M. PLA~ ROBERT E. RAINS TERI L. HENNING Supervising Attorneys Saidis, Shuff, Flower and Lindsay 2109 Market Street Camp Hill, P A 17011 717-737-3405 F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 717-243-2968 !~<>",--- .' :- ~'O -,':8'- ,'b~____1~,'~'fm_' "~' - ,~'J' -j--,il",--,",',. ~ ""-,' :'I"~,_"" '=_h _'~,~' ,~1' ,? '_;' '0 ~,_____ _ ~"~,.,, ,- r-.,-,' _ _~t F-"_'__",-".. .~, ,"-, '- '-'-' , """,, CUSTODY AGREEMENT TillS AGREEMENT, made this ~ day of August, 2001, between Anna C. Newton (hereinafter Mother), and Charity Wade, formerly Charity Coble, (hereinafter Aunt) concerns the custody of the child, Alexander Newton (hereinafter Alexander), born March 22, 2000. WHEREAS, Mother and Aunt desire to enter into an agreement as to the custody of the child, Alexander Newton, Mother and Aunt agree to the following: 1. Mother shall have sole legal custody of Alexander. 2. Beginning on S2.pt- J j{)}Aunt shall have primary physical custody of Alexander. , 3. Mother is aware that Aunt's three children were removed from Aunt's home by Cumberland County Children's Service in the mid-1990s, and that subsequently Aunt voluntarily relinquished parental rights to her children. Knowing this fact, Mother nonetheless believes that it is in Alexander's best interests to be in the primary physical custody of Aunt while Mother is unavailable. Mother believes that Aunt is capable and interested in caring for Alexander in her absence. 4. Mother shall have partial physical custody of Alexander as set forth in this Agreement. 5. Mother and Aunt understand and agree that they are entering into this Agreement because Mother is re-entering the United States Navy, and that she is required to temporarily Exhibit A , ;"...,~ _~,' ",,-"!~ ',"""'_',_,11 ',,'0'" -",,'~_5~__, '-"',_,h'~'-'",,--,,^" -'-"~~'~"'~- "',-'-<- ",-- ... -, -~, .,'1' -. .-- '" ",' " - '" ... , , ~ relinquish primary physical custody of Alexander in order to do so. 6. While this Agreement is in effect, Mother shall have partial physical custody of Alexander as follows (subject to her work schedule): a. Mother shall have physical custody of Alexander on all holidays, including Thanksgiving weekend (Thursday through Sunday), Christmas week (December 24th through January I"), Easter weekend, Memorial Day weekend, the Fourth of July, and Labor Day weekend. b. Mother shall have physical custody of Alexander during the entire summer. 7. Transportation relating to custodial exchanges shall be shared by Mother and Aunt, as agreed upon by Mother and Aunt. 8. Aunt will notify Mother of all medical care the child receives while in her care. Aunt will notify Mother immediately of medical emergencies which arise while the child is in her care. 9. Aunt will do nothing which may estrange the child from Mother, or injure the opinion of the child as to Mother or which may hamper the free and natural development of the child's love and respect for Mother. Aunt will make all reasonable efforts to prevent third parties from doing or saying anything negative about Mother. 10. Mother and Aunt shall provide each other with their current telephone number and address. 11. Mother and Aunt may modify the provisions of this Agreement by mutual consent. In the absence of mutual consent, the terms of this Agreement shall control. '-- "-','_,";!__}""". '. -'___"~__'" -'nf"'/,L -'-"~~'''-''% -s,,:,]':-_",' ,-~-, ,. '~"-' - --.-.''-".'-.-1,':',.- "0 ", '"-- . ~ ,. -- - - 12. Aunt acknowledges that she has been infOIDled that the Family Law Clinic only represents Mother in this matter, and that the Family Law Clinic has given Aunt no legal advice other than to seek her own legal counsel, which she has decided not to do. 13. Mother and Aunt intend to be bound by the terms of this Agreement, and to have it entered as an Order of Court. J1f!jmil'~Jh~ ichelle L. Anderso Certified Legal Intern ~/J L ~ / -/ Thomas M. Place V Robert E. Rains Teri L. Henning SUPERVISING ATTORNEYS FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 l"-'" ." -,"," "' ,-",.,,,...-",. f'- :"'~ -\~" '-~~"'=-" ~ -_'"_~-":':"'l"r "1'00'- ,~~,-- ,-~ " . ,- , __n'";'. --. _,,- ',m' 1 p , _', ,___", ._d '__, _ " 1 .,' ~- 'I I, I II I, ji !I ! ,_\~ ~, .-, ., -,r ~ !!i'<"",,_= , ,,'f" - 9 2001 o c-:-: ~. ~!::; C() -~ r' ~:: ~~ _S=~ J';.c-: ~ ,-~ ~'- ...,. r"-, J.;!!o :";':;':; 0'0 (:::> n _,-::::J , , ~_.:~ C) -':) --~-~ ::~~l() l'~:l'n -, ?if -< ,"j -.J I!IJ,.......... ._~_ ~. ~~~!IIl!I r_,!,~,-_i8lI!~ , AUG 2 0 2001/IJ ~ ANNA C. NEWTON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. NO. 2000-1903 CIVIL TERM ROBERT L. NEWTON, Defendant IN CUSTODY CUSTODY AGREEMENT AND ORDER r-- THIS AGREEMENT, made this Ii day of August, 2001, between plaintiff, Anna C. Newton (hereinafter Mother), and defendant, Robert L. Newton (hereinafter Father), concems the custody of their child, Zachary Newton, bom November 26, 1994. WHEREAS, the Mother and Father desire to enter into an agreement as to the custody of the child, Zachary Newton, and to have this agreement made an order of the court. Mother and Father agree to the following. 1. Mother and Father shall share legal custody of Zachary. r' 2. Beginning on &J\"'5vs" .1 ,Father shall have primary physical custody of Zachary. 3. Mother shall have partial physical custody of Zachary as set forth in this Agreement and Order. 4. The parties understand and agree that they are entering into this Agreement and Order because Mother is re-entering the United States Navy, and that she is required to temporarily relinquish primary physical custody of Zachary in order to do so. 5. While this Agreement and Order is in effect, Mother shall have partial physical custody of Zachary as follows (as her work schedule permits): a. Mother shall have physical custody of Zachary on all holidays, including Thanksgiving weekend (Thursday through Sunday), Christmas week (December '''!! ",-, t 24th through January 1"), Zachary's Spring Break week, Easter weekend, Memorial Day Weekend, the Fourth of July, and Labor Day weekend. Mother shall have physical custody of Zachary during his entire sununer vacation from school. 6. Transportation relating to custodial exchanges shall be shared by the parties, as agreed upon by the parties. 7. Mother and Father shall be entitled to reasonable telephone access with the child b. while the child is in the other's custody. Reasonable telephone access is anticipated to be one to two phone calls per week. 8. Mother and Father will notify each other of all medical care the child receives while in that parent's care. Mother and Father will notify the other immediately of medical emergencies which arise while the child is in that parent's care. 9. Neither parent will do anything which may estrange the child from the other party, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love and respect for the other parent. Both parents will make all reasonable efforts to prevent third parties from doing or saying anything negative about the other parent. 10. Each parent shall provide the other with their current telephone number and address. 11. The parties shall communicate directly with one another regarding Zachary, Neither party shall permit third parties to become involved in custody issues, which should be discussed solely between the parties. O:--w<J t 12. 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. 13. The parties intend to be bound by the terms of this Agreement and intend for this Agreement to be made an Order of Court. r\ fi ~ ,~ Anna Newton ~ r" r ~ I " "If \~ \;\.Altv-...<I'A . \}..lfl'-!--Z/~ Th mas Flower, Esquire , L!J;1JJJR~jitk)jf-- /Michelle L. Anders Certified Legal Intern ~l-~' Thomas M. Place Robert E. Rains Teri L. Henning SUPERVISING ATTORNEYS Saidis, Shuff, Flower and Lindsay 2109 Market Street Camp Hill, P A 17011 717-737-3405 FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 ORDER AND NOW this day of , 200 I, the above Custody Agreement is approved and entered as an Order of Court. Judge ',~,.._- 1-0' , ANNA C. NEWTON, Plaintiff SET' I 3 2D~/l1l : IN THE COURT OF COMMON PLEAS OF U' v \ : CuMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2000-1903 CIVIL TERM ROBERT L. NEWTON, Defendant : IN CUSTODY ORDER AND NOW, this \5. tf. day of <,,-? p.-l;...., L() ,2001, upon consideration of the attached Uncontested Petition to Modify Custody, it is hereby ordered that paragraph 12 of the August 20,2001 Custody Order in this case is vacated and that all other provisions of the August 20,2001 Order shall remain in effect. BY THE COURT: tI/~ J. f- I~OI ? ~s.eM-~ k ~?-, W (4JAL ~ U i,_"._-" C," "',__--~,'~"_,,~. < ~"'__~.__~._"__~_A<__ ,>_,~'" ',CO;,;"'. ' ,__,. -, --",-". .', ",-~-- WI V!Nli/ilASNN3d JJNnCO C1~iI(!H=18Y'lm 6 I : II ~IV S I d3S ! 0 A8'I/IO' ''-' .......,. :',\i, 11'1:1 "1- J. II"; .i"'-.,.<-"" ::K)I:i:;(}{1311_:J . ,. .0. .,"~"_"__).,,'! ., ~, ~"I;TO': _',,'~ ,_.';. _,.~_!T_'" ::10 l-1~ fII'!~",_,,,,,....,,,~ '''''''''','"",",,~ ~. ~!IlDP"'__1 ~lt1!1 ANNA C. NEWTON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2000-1903 CIVIL TERM ROBERT L. NEWTON, Defendant : IN CUSTODY UNCONTESTED PETITION TO MODIFY CUSTODY AND NOW comes Petitioner, Anna C. Newton, by and through her attorneys, the Family Law Clinic, and respectfully submits this Uncontested Petition to ModifY Custody Order, and in support thereof avers the following: 1. The petition of Plaintiff, Anna C. Newton (hereinafter "Mother"), respectfully represents that on August 20, 2001, this Court entered a Custody Order concerning the minor child, Zachary Newton, born November 26, 1994, a true and correct copy of which is attached hereto as Exhibit "A". 2. The August 20,2001 Custody Order should be modified because: a) Mother intends to re-enter the United States Navy. In order to do so, the Navy must approve the Custody Order entered in this action. b) The Navy has informed the Family Law Clinic that paragraph 12 should be removed from the August 20,2001 Custody Order. That paragraph states that Mother and Father may modifY the provisions of the August 20, 2001 Order by mutual consent, but that in the absence of mutual consent, the terms of the Order shall control. c) Thomas Flower, Esquire, counsel for Robert L. Newton, has informed the Family Law Clinic that Robert L. Newton does not contest the proposed --: - ~ , . .._ v _H.C'. '" ~_ _ """, ~_ _';_~' '._ _,' ,_ , .'-"-' ,,- -'~'-'-- ''^'- . - modification. WHEREFORE, Petitioner respectfully requests that the Court modify the August 20, 2001 Order for custody and enter an Order in the form attached hereto. Respectfully submitted, Date:~. f~f 2M1 Jbk~~ Michelle L. Ande s Certified Legal Intern ~/ ('\ t-iv T S M. PLACE ROBERT E. RAINS TERI L. HENNING Supervising Attorneys F AMll- Y LAW CLINlC 45 North Pitt Street Carlisle, P A 17013 717-243-2968 -'-' ,-,~,>s_ '"e _. _0""., '. .... VERIFICATION I verifY that the statements made in this Uncontested Petition to ModifY Custody are true and correct. I understand that false statements made herein are made subject to the penalties ofPa.C.S. 94904 relating to unsworn falsification to authorities. Date: ~./3( UJal Jrf;WJif!~ ichelle L. Andersov Certified Legal Intern I II I I I " I I I I I I' I -, ,-.' ,--J---"""""-" - - -, - ,-~ -, ',- .-.-' "- "','" .,J) : " If' ANNA C. NEWTON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Y5. NO. 2000-1903 CIVIL TERM ROBERT L. NEWTON, Defendant IN CUSTODY TillS AGREEMENT, made this CUSTODY AGREEMENT AND ORDER f'-. " day of August, 2001, between plaintiff, Anna C. Newton (hereinafter Mother), and defendant, Robert L. Newton (hereinafter Father), concerns the custody of their child, Zachary Newlon, born November 26, i994. WHEREAS, the Mother and Father desire to enter into an agreement as to the custody of the child, Zachary Newton, and to have this agreement made an order of the comt. Mother and Father agree to the following. L Mother and Father shall share legal custody of Zachary. 2. Beginning on 5A"5v' , "' ,Father shall have primary physical custody of Zachary. 3. Mother shall have partial physical custody of Zachary as set forth in this Agreement and Order. 4. The parties understand and agree that they are entering into this Agreement and Order because Mother is re-entering the United States Navy, and that she is requirl'd to temporarily relinquish primary physical custody of Zachary in order to do so. 5. While this Agreement and Order is in effect, Mother shall have partial physical custody ofZachi1ry as follows (as her work schedule permits): a. Mother shall have physical custody of Zachary on all holidays, including Thanksgiving: weekend (Thursday through Sunday), Christmas week (December Exhibit A -,- .--~, --. ..-..--..----.-- -- - ~.-,.-.-.- 1 ~_ ,- 24th through January 1 't), Zachary's Spring Break week, Easter weekend, Memorial Day Weekend, the Fomth of July, and Labor Day weekend. b, Mother shall have physical custody of Zachary during his entire summer vacation from school. 6, Transportation relating to custodial exchanges shall be shared by the parties, as agreed upon by the parties. 7. Mother and Father shall be entitled to reasonable telephone access with the child while the child is in the other's custody. Reasonable telephone access is anticipated to be one to two phone calls per week 8. Mother and Father will notifY each other of all medical care the child receives while in that parent's care. Mother and Father will notifY the other immediately of medical emergencies which arise while the child is in that parent's care. 9. Neither parent will do anything which may estrange the child from the other party, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love and respect for the other parent. Both parents will make all reasonable efforts to prevent third parties from doing: or saying: anything negative about the other parent 10. Each parent shall provide the other with their current telephone number and address. 11. The parties shall communicate directly with one another regarding Zachary. Neither party shall permit third parties to become involved in custody issues, which should be discussed solely between the parties, - ----- . .- - ------- -- -----.._._,_..~ . - -- ~ ~","'-- 12. 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. 13. The parties intend to be bound by the terms of this Agreement and intend for this Agreement to be made an Order of Court. (,/' ( I~ ,\JJl,Lvt.a-U' - Anna Newton . ..--~, !- , \ 1 L';';l,v~d>" ~,/'(J:c'vc..-c. I Tlibmas Flower, Esquire \ Ll.taoJj!t'f!l2ad&fM- /MicheUe L. Anders Certified Legal Intern Saidis, Shuff, Flower and Lindsay 2109 Market Street Camp Hill, PA 17011 717-737-3405 d= t ~~ Thomas M. Place Robert E. Rains Teri L. Henning SUPERVISING ATTORNEYS F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 I ~I AND NOW this ~ day Of~, 2001, the above Custody Agreement is approved and entered as an Order of Court. '" _ u . . . ._-~" -~- ., .. - ..'.-" - .. ,..- ~c ~:. -~'-1=~t~-~--~); ~~.~t~-5;s ~--~-~,~==-,"" '- .::. -~~ ::: ... ~~_., . ANNA C. NEWTON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2000-1903 CNIL TERM ROBERT 1. NEWTON, Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Michelle 1. Anderson, hereby certifY that I am serving a true and correct copy of Plaintiff s Uncontested Petition to ModifY Custody on the following: person, counsel for Defendant, by depositing a copy of the same in the United States mail, postage prepaid, this 13th day of September, 2001: Thomas E. Flower, Esquire Saidis, Shuff, Flower and Lindsay 2109 Market Street Camp Hill, PA 17011 V~t}vd/)A Michelle L. Ander n Certified Legal Intern FAMILY LAW CLINJC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 I I !. -'"'~o'_ "~-:-,__'__"J___ "-'''-'''''';-~t''.~.:~"_,..,,:,,,,?~,,,.,~,..,-\"",0 ".";',"," _,,~,.,_,-_,~_ - -".' '---'_'_'__. ":o"!',_ _,'U --'- j:'j 0 0 c ~ -oS:: U) rn FT~ ,,, :~ ~~ ""0 fJ1:ft! r--:- ~,g -':7m c,..) ~;jO .~ . :<> >;cj ::;,; r 'l p, () - '~iq '- - 2: s;! =< ::::> <::::> ::0 -< ~~~ ~ ~rt!fillffli~_IN'lIIl~:'" "'!.,,- "-,~I!" . SEP 1 3 ZOOl 'XV'/" : IN THE COURT OF \d~MMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ANNA C. NEWTON, Plaintiff v. : NO. 2000-1903 ROBERT L. NEWTON, Defendant : IN CUSTODY \, '. ORDER AND NOW, this \ S14 day of -:;(' ft ---.Ld CIVJL TERM ,2001, upon consideration of the attached Uncontested Petition to ModifY Custody, it is hereby ordered that paragraph 9 of the August 20,2001 Custody Order in this case is vacated and that all other provisions of the August 20,2001 Order shall remain in effect. BY THE COURT: ~ l' _/3vo/ l!\., _ ,- " ., " - _7I"""""_,_,,~,~c_,,,~. ._,"__,~"" ,."t'.. -- ---, , ",~' ~, ,y"" , " ", .-,- 1. ~Vtc.l:. +<1 r;"",I~ law CofY -"-, eI '1, , ,~, '-". ~- \!IN'i/\lASNNjd AlNilQ8 (IN',i;H=i8VvilO ~ I : II Hi;! S f d3S I 0 A!:It/I(Y""" . -'" ,r, ""(('II! ;'-1': '."...iI -"v .1. JI 'l .' ....'- ~""" -Ill...... .... 3~)I:!:lO-031!j " ,. . ~~~~J!II,I&lli<~~Il^ 111....,_...... ~ .~,.,.-JmIII...~F, ,1l""_~~~lfI!I ANNA C. NEWTON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2000-1903 CIVIL TERM ROBERT L. NEWTON, Defendant : IN CUSTODY UNCONTESTED PETITION TO MODIFY CUSTODY AND NOW comes Petitioner, Anna C. Newton, by and through her attorneys, the Family Law Clinic, and respectfully submits this Uncontested Petition to ModifY Custody Order, and in support thereof avers the following:: 1. The petition of Plaintiff, Auna C. Newton (hereinafter "Mother"), respectfully represents that on August 20,2001, this Court entered a Custody Order concerning the minor child, Alexander Newton, born March 22, 2000, a true and correct copy of which is attached hereto as Exhibit "A". 2. The August 20,2001 Custody Order should be modified because: a) Mother intends to re-enter the United States Navy. In order to do so, the Navy must approve the Custody Order entered in this action. b) The Navy has informed the Family Law Clinic that paragraph 9 should be removed from the August 20,2001 Custody Order. That paragraph states that Mother and Aunt may modifY the provisions of the August 20, 2001 Order by mutual consent, but that in the absence of mutnal consent, the terms of the Order shall control. c) Thomas Flower, Esquire, counsel for Robert L. Newton, has informed the Family Law Clinic that Robert L. Newton does not contest the proposed "l . 'e'.'"- ''''C_',,-''-__,;,'" '''..,. .. .", - _,cf _'_~__" - . ,L, -.,""__-"_~, ,_' '" e__" modification. WHEREFORE, Petitioner respectfully requests that the Court modifY the August 20, 2001 Order for custody and enter an Order in the form attached hereto. Respectfully submitted, Date:5t.pt. /8, ?J;o ( ( Jiw~</?~ "-../Michelle L. AndefSt'llf" Certified Legal Intern r:d- Lj rj- TH S M. PLACE ROBERT E. RAINS TERI L. HENNING Supervising Attorneys FAMIL Y LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 , I It.___ ____"u "".".",'c__ - - ~'"--, < . , - --,,~ ,- - , ~ - VERIFICATION I verifY that the statements made in this Uncontested Petition to ModifY Custody are true and correct. I understand that false statements made herein are made subject to the penalties ofPa.C.S. 94904 relating: to unsworn falsification to authorities. Date:Sp4.IB, UOI I~~ VMichelle L. An Certified Legal Intern ~,'" "",""".,~'g.~,","_,,,~ -~,,- .--~".' :(,- ",' '._ r '__'I-,_",._,,_~?~",~"_ ',- " !'~UG .2 {j ?!JOjpO ANNA C. NEWTON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA YS. NO. 2000-1903 CIVIL TERM ROBERT L. NEWTON, Defendant IN CUSTODY ORDER AND NOW, ililli W*' d'Y of ~ ' .-'~ ,2001, "P~ .~i'=<ioo ofili. attached Agreement between Anna C. Newton and Robert L. Newton, and the Custody Agreement (Exhibit A) between Anna C. Newton (hereinafter Mother) and Charity Wade, formerly Charity Coble, (hereinafter Aunt), the following Order is hereby entered: 1. Mother shall have sole legal custody of Alexander Newton, born March 22, 2000. 2. Beginning ons;t-a S 2COJ Aunt shall have primary physical custody of Alexander. 3. Mother shall have partial physical custody of Alexander as set forth in this Agreement. 4. While this Order is in effect, Mother shall have partial physical custody of Alexander as follows (subject to her work schedule): a. Mother shall have physical custody of Alexander on all holidays, including Thanksgiving weekend (Thursday through Sunday), Christmas week (December 24th through Janmuy 1 't), Easter weekend, Memorial Day weekend, the Fourth of Jnly, and Labor Day weekend, b. Mother shall have physical custody of Alexander during the entire summer. 5. Transportation relating to custodial exchanges shall be shared by Mother and Aunt, as agreed upon by Mother and Aunt. Exhibit A ,;"p" '1 ., - 6, Aunt will notifY Mother of all medical care the child receives while in her care. Aunt will notifY Mother immediately of medical emergencies which arise while the child is in her care. 7. Aunt will do nothing: which may estrange the child from Mother, or injure the opinion of the child as to Mother or which may hamper the free and natural development of the child's love and respect for Mother. Aunt will make all reasonable efforts to prevent third parties from doing or saying anything negative about Mother. 8. Mother and Aunt shall provide each other with their current telephone number and address. 9. Mother and Aunt may modifY the provisions of this Order by mutual consent In the absence of mutual consent, the terms of this Order shall control. \ ~, ANNA C. NEWTON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLV ANJA v. : NO. 2000-1903 CIVIL TERM ROBERT L. NEWTON, Defendant : IN CUSTODY CERTIFICATE OF SERVICE I I I . i I I I , i i I I i I I I I i I, Michelle L. Anderson, hereby certifY that I am serving a true and correct copy of Plaintiff's Uncontested Petition to ModifY Custody on the following person, counsel for Defendant, by depositing: a copy of the same in the United States mail, postage prepaid, this 13th day of September, 2001: Thomas E. Flower, Esquire Saidis, Shuff, Flower and Lindsay 2109 Market Street Camp Hill, P A 17011 ~Y?~dJl Michelle L. And~n Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 717-243-2968 I I , I , ;'tl . . , -', " ""-~':"'.J~_;'''J<"",~',~, --~"7 'i"" .. "",,",,-' '""," _"""__~-~-_'< ,'.0"'", ~:'<,,-~_-,-;F':!!___", - "'__ c' _""'_ ',~_" ~, 0__' ,. o. , a "N" """., ~. ~,~ n ""'''.'.'"=' \~4'-'lj"f'.> . , ....' ~~' ",,~,~~., .". ,!\'Il!I~l!Il~"T~ ''I"' '. '.~- o S;; <:", -r:Jtb f2:L! ~~ z<c.,} 5h2 c" z =< -,-~ , -",....,~~~ .-. c> o "!1 (I) ''T) "U 1'1 ~ '",n'!-n ~_ol C:.J ~~ . } ~ :n -< C,--': ~ --Ji;. :::> t;J "-"!!M'!'... ...........flI .' NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR', 'LA'''''I~'' ANNA C. NEWTON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW ROBERT L. NEWTON, Defendant : NO. 2000-1903 CIVIL : IN CUSTODY ORDER OF COURT AND NOW this <6 tt, day of April, 2002, upon consideration of the attached Stipulation and Agreement, the provisions of the Agreement are incorporated herein and are made an Order of Court. By the Court, ;jJ~ L~ 04-69 -62 ~-eR- . ~ W:;J€.) C.hD-R" '" ~ . '& ~' ,. '-'I' ,,~ \iiNVA1ASNN3d AlNn08 ON\f1H38YtJn:J OC :8 leU 8- Ud~ 20 t LVI n,.rnu. {'.': :.-1 :Jc,; i -10 AOV..L", , .'.....1 ,.L\..- '.,..... .,1, '-_ .~ 3~JL:L~O-{J311:1 J'~,',. >, 'L,~"""~' " ~ ,~ " . -~- ''''''l''" ~,J_ , , ,~!"'I!iII ,..,_~~Iffl ~"-..,.,,^~ NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243.6090 ATTORNEY FOR hfimn PF ANNA C. NEWTON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW ROBERT L. NEWTON, Defendant : NO. 2000-1903 CIVIL : IN CUSTODY STIPULA TION AND AGREEMENT THIS STIPULATION AND AGREEMENT entered into this I~ day of 'M6rc..h, 2002, by and between ANNA C. NEWTON (hereinafter referred to as "Mother") and CHARITY WADE (hereinafter referred to as "Aunt"). NOW THIS AGREEMENT WITNESSETH THAT: WHEREAS, the Mother is the natural parent of Alexander Newton, born March 22,2000; and, WHEREAS, the Mother and Aunt were parties to an Agreement signed August 5, 2001 and confirmed by Order of Court dated August 20, 2001, establishing the Aunt's right to primary physical custody of the child and providing that the parties could modify the provisions of the agreement and Order by mutual consent. A true and correct copy of the Agreement and Order are attached hereto as Exhibit "A"; and, WHEREAS, the parties wish to enter into an agreement modifying the August 5, 2001 agreement and August 20, 2001 Court Order. > , - .~ ,'-~ --'-",--~ ,- - """"n_ ',"", . '-', _, ,,_ ~ ~. " _,'" ,--' 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 seek to modify their agreement as follows: A. Mother shall retain sole legal custody of the child. 8. Mother shall be restored to primary physical custody of the child. 2. All remaining provisions of the August 5, 2001 agreement shall remain in effect. 3. 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. 4. 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. 5. 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 child 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. ..-,,/ (SEAL) ~1 0rt~ CHA WADE (SEAL) i ~ ~.-, ,- -..'-;P- . -, -, " - -, ,. -- ,", ,_<,"~ . ~;'f"'_,';~-c:--' .,."". >" c' . COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this, the ~,,/). day of Jpn I :55: , 2002, before, the undersigned officer, appeared ANNA C. NEWTON, known to me (or satisfactorily proven) to be the same person whose name is subscribed to the within instrument, and acknowledged that she executed this agreement for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set y hand and official seal. Notarial Sool Halllld S. trwln III, Notary Public Carilsia BolO. Cumbariand COUnty My CommIsalpn Etcplras Sept. 23. 2002 Member, Pennsylvania Association ot Notartes COMMONWEALTH OF U~ COUNTYOF ~N'-'<:'''<.. ~~ :55: On this, the -l~~day of ~2002, before, the undersigned officer, appeared CHARITY WADE, known to me (or satisfactorily proven) to be the same person whose name is subscribed to the within instrument, and acknowledged that she executed this agreement for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. N~;(r~~~L) I -,-..-'-- . '"'~ 0', -". . ., , ,,",~ ,,,'''' ,. . -1"- ~. ~.. ANNA C. NEWTON, Plaintiff Sf)) ~1 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLV Pi v. : NO. 2000-1903 CIVIL TERM ROBERT L. NEWTON, Defendant : IN CUSTODY ORDER AND NOW, this 13 fA day of Sfk/l1.bf/ , 2001, upon consideration of the attached Uncontested Petition to ModifY Custody, it is hereby ordered that paragraph 9 of the August 20, 2001 Custody Order in this case is vacated and that all other provisions of the August 20,2001 Order shall remain in effect. BY THE COURT: /5!/~, ~ }/1 1. TRUE t,OPY FROM RECORD In Testimony whereof. I here unto set my hanO "'~d~~;~~ rhi~ ~a'M}. ~j L Prothonotary I I I I I I , c ~.. ~)-, ANNA C. NEWTON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2000-1903 CNlL TERM ROBERT L. NEWTON, Defendant : IN CUSTODY UNCONTESTED PETITION TO MODIFY CUSTODY AND NOW comes Petitioner, Anna C. Newton, by and through her attorneys, the Family Law Clinic, and respectfully submits this Uncontested Petition to ModifY Custody Order, and in support thereof avers the following:: 1. The petition of Plaintiff, Auna C. Newton (hereinafter "Mother"), respectfully represents that on August 20, 2001, this Court entered a Cnstody Order concerning the minor child, Alexander Newton, born March 22, 2000, a true and correct copy of which is attached hereto as Exhibit "A". 2. The August 20, 2001 Custody Order should be modified because: a) Mother intends to re-enter the United States Navy. In order to do so, the Navy must approve the Custody Order entered in this action. b) The Navy has informed the Family Law Clinic that paragraph 9 should be removed from the August 20,2001 Custody Order. That paragraph states that Mother and Aunt may modifY the provisions of the August 20,2001 Order by mutual consent, but that in the absence of mutual consent, the terms of the Order shall control. c) Thomas Flower, Esquire, counsel for Robert L. Newton, has informed the Family Law Clinic that Robelt L. Newton does not contest the proposed \, "" p ~. ~, modification. WHEREFORE, Petitioner respectfully requests that the Court modifY the August 20, 200 I Order for custody and enter an Order in the form attached hereto. Respectfully submitted, Date:Sepr. 18/ UO ( ( hB~rf!~ \...--/Michelle L. AnderStltf Certified Legal Intern . -7- LJ rj- ~S M. PLACE ROBERT E. RAINS TERI L. HENNING Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA17013 717-243-2968 " " ~ ~. ff'" VERIFICATION I verifY that the statements made in this Uncontested Petition to ModifY Custody are true and correct. I understand that false statements made herein are made subject to the penalties ofPa.C.S. 94904 relating to unsworn falsification to authorities. Date:...5:p4. 1'8, UO I ~ Certified Legal Intern ~. . . tJUG i' it 21JOJrP ANNA C. NEWTON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO, 2000-1903 CIVIL TERM ROBERT L. NEWTON, Defendant IN CUSTODY ORDER AND NOW, ili" 20th <by of ~ ' ,.,r ,2001, """" "..'<krnli.. oflli, attached Agreement between Anna C. Newton and Robert L. Newton, and the Custody Agreement (Exhibit A) between Anna C. Newton (hereinafter Mother) and Charity Wade, formerly Charity Coble, (hereinafter Aunt), the following Order is hereby entered: 1. Mother shall have sole legal custody of Alexander Newton, born March 22, 2000. 2. Beginning onduO S 2C()JAunt shall have primary physical custody of Alexander. 3. Mother shall have partial physical custody of Alexander as set forth in this Agreement. 4. While this Order is in effect, Mother shall have partial physical custody of Alexander as follows (subject to her work schedule): a. Mother shall have physical custody of Alexander on all holidays, including Thanksgiving weekend (Thursday through Sunday), Christmas week (December 24th through January l't), Easter weekend, Memorial Day weekend, the Fourth of July, and Labor Day weekend. b. Mother shall have physical custody of Alexander during the entire summer. 5. Transportation relating to custodial exchanges shall be shared by Mother and Aunt, as agreed upon by Mother and Aunt. Exhibit A "it , . - - - - ~ . 6, Aunt will notifY Mother of all medical care the child receives while in her care. Aunt will notifY Mother immediately of medical emergencies which arise while the child is in her care. 7. Aunt will do nothing which may estrange the child from Mother, or injm-e the opinion of the child as to Mother or which may hamper the free and natm-al development of the child's love and respect for Mother. Aunt will make all reasonable efforts to prevent third parties from doing or saying anything negative about Mother. 8. Mother and Aunt shall provide each other with their current telephone number and address. 9. Mother and Aunt may modifY the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. ~ ....,. ,- , . . , . - ~. ANNA C. NEWTON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2000-1903 CNIL TERM ROBERT L. NEWTON, Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Michelle L. Anderson, hereby certifY that I am serving a true and correct copy of Plaintiff s Uncontested Petition to ModifY Custody on the following person, counsel for Defendant, by depositing a copy of the same in the United States mail, postage prepaid, this 13th day of September, 2001: Thomas E. Flower, Esquire Saidis, Shuff, Flower and Lindsay 2109 Market Street CampHiII,PA 17011 ~Cf?IJ~Ad/l Michelle L. Ands:man Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 - ",," ~ (') c -'"," ..:.,.~ == "~~,1F].~i~!l!'~~w t'-.,J -., ,--~ -:4"1 --:,-j , C,: , . ("1 ~J . ::.:::J, ','.) ,0 ~:C:. -<... ,_""rAllIll!lIlilll~,"",'lij!l~tJl~W;! NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF J~ 2002 ANNA C. NEWTON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW . . ROBERT L. NEWTON, Defendant : NO. 2000 -1903 CIVIL TERM : IN CUSTODY ORDER OF COURT NOW, this ~ I~ay of -J [1 J) L ,2002, 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, ~ ~ - I, -0 ~ 7 PM"".t vWLLL-" N0J4... \/J.Lt. ~ j N6htu~h ~ ,,'< --, . " \!lNlfAlASNN3d t 'r.lrln" (.I~.Vl""'8'I"'V' I\.J.. 'II ..),) ~II'{V )1..]::1 .j:;~llv t: S :(Jll~\I 6 t r{fJr 20 AHVlCi;\;l~;c;,; :i0 :JCJb:iG-031t:l -"',","-'1"'""""" _~~'lJ!_t!l ~ "~-"" ~~ "-, .....~~I!IIlfi!.l!!IIi!!!_~~~1ltl NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF ANNA C. NEWTON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . v. : CIVIL ACTION - LAW : ROBERT L. NEWTON, Defendant : NO. 2000 - 1903 CIVIL TERM : IN CUSTODY STIPULATION AND AGREEMENT THIS STIPULATION AND AGREEMENT entered into this IS tl.. day of June, 2002, by and between ROBERT L. NEWTON (hereinafter referred to as "Father") and ANNA C. NEWTON (hereinafter referred to as "Mother"). NOW THIS AGREEMENT WITNESSETH THAT: WHEREAS, Mother and Father are the natural parents of Zachary Newton, born November 26, 1994; and, WHEREAS, Mother and Father were parties to an agreement signed August 5, 2001 and confirmed by Order of Court dated August 20, 2001, establishing Father's right to primary physical custody of the child and providing that the parties could modify the provisions of the agreement and Order by mutual consent. A true and correct copy of the agreement and Order are attached hereto as Exhibit "A"; and, WHEREAS, the parties wish to enter into an agreement modifying the August 5, 2001 agreement and August 20, 2001 Court Order. :_j"C .",.. -- t:.-- ,.,- - ,'--,~. '. . 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 child. 2. Mother shall have primary physical custody of the child. 3. Father shall have temporary physical custody of the child as follows: A. Christmas: In 2003, and odd numbered years thereafter, Father shall have temporary physical custody of the child for one week during the Christmas holiday, to include Christmas day. B. ThanksQivinQ: In 2002, and even numbered years thereafter, Father shall have temporary physical custody of the child for the Thanksgiving holiday from Wednesday before Thanksgiving through 6:00 p.m. on the Monday after Thanksgiving. C. SprinQ Break: In 2003, and odd numbered years thereafter, Father shall have custody of the child for the entire Spring Break from school until 6:00 p.m. on the day before school resumes. D. Summer: In 2003, and each year thereafter, Father shall have temporary physical custody of the child for five consecutive weeks during the Summer, scheduled by the mutual agreement of the parties. 4. The parties shall share equally in all transportation expenses related to exchanges of custody. 5. Both parties release each other from any claim for child support obligations for the care of the child. Mother hereby waives any entitlement she may have to child support arrearages owed by Father for the support of the child. if:, ,-, ",",' - - ... .. " v,, ~,_ , "-- '" '"., 'u" 6. Both parties release each other from any claim for child support obligations for the care of Alexander Newton, born March 22, 2000. Father denies paternity of this child and no visitation rights are sought by Father with regard to Alexander. Mother hereby agrees to waive any entitlement she may have to child support arrearages owed by Father with regard to the support of Alexander. 7. Mother will provide health insurance coverage for Zachary and will provide copies of his insurance cards to Father when Zachary is in the custody of Father. 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 by 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 child 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: (SEAL) (SEAL) E,.,-e_ "." '., . . . STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER :SS: On this, the / '7 day of June, 2002, before, the undersigned officer, appeared ROBERT L. NEWTON, known to me (or satisfactorily proven) to be the same person whose name is subscribed to the within instrument, and acknowledged that he executed this agreement for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA 1'l11uA-o!'~ .~ . (SEAL) ~~t;;rY JiLblic f ~ My Commission ./ Expires On (p~o :SS: COUNTY OF CUMBERLAND On this, the / ~ day of June, 2002, before, the undersigned officer, appeared ANNA C. NEWTON, known to me (or satisfactorily proven) to be the same person whose name is subscribed to the within instrument, and acknowledged that she executed this agreement for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set hand and official seal. WOtana\Seal . Harald S. Irwin 11\, Notary p~~~ cam~eBoro.Cumlben~~PtC23 2602 My CommIssion Exp res . '. . Member, pennsylvanIa Association at Notanes (SEAL) "'".. '", " . - ".h "'1"-~ "~ . --- _~". ,,_ .".. ~ ''"'I" ~ " ~- -= n_ ':~~ - ,.--- .,"- 'I" ~-. _~~~Q'IllIl!:I ",.", '-~._ ~H ~-~, _h 0 c~ ~~? C r...._l ~ L. 'lJ !..Xi c: filn'\ -::>'" -~< ~.. zr (I)" CO -?<- ,L ~CJ !;;:1 )> 2Q -.,,=- -L' )>C "'" ~:3 -,. L =<! ~11 ;J.- en :D -< , "",_Ill'~'~'_~.m ~u.III!!!!~r'"" ',_r~ ~~I!\F , RECE!VED M! 3 0 ~OC6 q CHARITY L. WADE Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 00-1903 CIVIL ACTION LAW ANNA C. NEWTON Defendant IN CUSTODY ORDER OF COURT AND NOW, this 5~ day of l' ...> l ~ ' 2006, upon consideration ofthe attached Custody Conciliation Report, it is ordered ~d directed as follows: 1. The prior Order of this Court dated June 18, 2002, shall continue in effect as modified by this Order. 2. The Stipulation signed by Anna C. Newton and Charity L. Wade on May 11,2006, a copy of which is attached hereto as Exhibit A, is entered as an Order of this Court. 3. An additional Custody Conciliation Conference shall be scheduled upon the Petition of the Father, Robert L. Newton, to review the custodial arrangements set forth in the Stipulation hereby entered as an Order. BY THE COURT, lP _hiD 0(.\Y o 1"-,. . . ~~.- - "'=~-, , I}! "'''''.'t'".., ,-,,;\,.) ~7 Z : lll--1!1 ',j". s"~ .};.--il'.... 0.1111;- '" ",'UUt., lP\.,iI(1-\ ',,; _ \w if_L\,p H -,~,-," -'j J I r :1l:,7.'~ )I'~~),:':;G ::;/il ..,iii ',"" , 1"-"/1 _c - _.L"'-"-.F'J::1 1:1 ""'l'!'C"."""~ .,. ,. ~". ",", +""y- .-. t,.._.~, ;!It'!~tIlM~~.I!le'~~lI.!l!'II"I~ ",~~!l!fl CHARITY L. WADE Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 00-1903 CIVIL ACTION LAW ANNA C. NEWTON Defendant IN CUSTODY Prior Judge: 1. Wesley Oler, Jr. 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 conceruing the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Zachary Newton Alexander Newton November 26,1994 March 22, 2000 Mother Mother 2. A custody conciliation conference was held on June 21, 2006, with the following individuals in attendance: The Maternal Aunt's counsel, Charles E. Petrie, Esquire, and the Mother, Anna C. Newton, who is not represented by counsel. The Maternal Aunt resides in Indiana and did not attend the conference. The Father, Robert L. Newton, did not attend the conference or contact the conciliator. The Maternal Aunt's counsel advised the conciliator that he mailed notice of the conference to the Father at his address of record in the prior custody proceedings at this docket number, however the postal service returned a notice stating that the mailing was "undeliverable". The Father's last known address is 117 E. Westwood Drive, Wilmington, N.C. 28405. The Maternal Aunt's counsel also advised that he served notice of the conference upon the Father's counsel of record in the prior proceedings. Counsel will file affidavits of service accordingly. The Mother stated at the conference that after the Father's marriage in 2002, he has made no attempt to contact her or the Children. The Mother does not know where the Father resides at this time. 3. The Maternal Aunt filed this Petition requesting that the Stipulation between the Mother and Matemal Aunt be entered as a Court Order. The Stipulation provides for the Maternal I:~' ",-' "-<~' '~ ,-, -~~-"- " " Aunt to assume primary and legal custody of the Children, with the Mother having liberal rights to partial custody as arranged by agreement. The Mother stated at the conference that she is going into military training, during which she will be unable to provide care for the Children and the Father has not exercised his rights to custody since 2002. The Mother requests that her sister assume custody and care of the Children until the Mother is available following her military training and assignment. The Maternal Aunt's counsel confirmed that the Maternal Aunt is ready and willing to assume custody as reflected in the Stipulation signed on May 11, 2006. 4. Based upon the representations made by the Mother and the Maternal Aunt's counsel at the conference, and the fact that notice of the Petition and the Conciliation Conference was provided to the Father's counsel in prior proceedings and to the address given by the Father in the prior proceedings, the conciliator recommends an Order in the form as attached. ~ c2 {;. ( rJ-no(.f Date ~~ Dawn S. Sunday, Esquire Custody Conciliator :vr ,< ",., .~- "". I ' CHARITY L. WADE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NUMBER: ANNA C. NEWTON, Defendant IN CUSTODY STIPULATION AGREEMENT, made this 11th day of Mav, 2006, by and between ANNA C. NEWTON, hereinafter referred to as "Custodial Parent;" and CHARITY L. WADE, hereinafter referred to as "Mother;" WITNESSETH: WHEREAS, the parties hereto are the maternal aunt and natural mother of two rninor children, ZACHARY NEWTON, born November 26, 1994; and ALEXANDER NEWTON, born March 22,2000; and WHEREAS, the parties have reached an agreement concerning the issues of custody and desire that this Stipulation be entered as Order by the Court of Common Pleas of Curnberland County, Pennsylvania; NOW, THEREFORE, intending to be legally bound, the parties hereby agree as follows: 1. Custodial Parent, CHARITY L. WADE, shall have primary physical and legal custody of ZACHARY NEWTON, born November 26, 1994; and ALEXANDER NEWTON, born March 22, 2000. Said rights oflegal custody shall include the right to obtain health insurance coverage and the right to make all decisions and to authorize medical treatment for the minor children, " ,. , ',~.' the right to educate the minor children in the public school district of the Custodial Parent, or at such other educational institution as she may deem fit, and to provide a religious upbringing for the children as the Custodial Parent shall deem appropriate. 2. Mother, ANNA C. NEWTON, shall have liberal rights of temporary physical custody of the minor children as the parties shall from time to time agree. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. ~!.~ WITNESS AAAaJi ~ ~~~ WITNESS :;'- - . " , ~ - ~, - t, ,_=_ _~ , _ --{