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HomeMy WebLinkAbout02-5490RODNEY V. FAUCON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 6A. ?qro CIVIL TERM SHERYL A. FAUCON, Defendant : IN CUSTODY COMPLAINT FOR CLSD 1. Plaintiff is Rodney V. Faucon, an adult individual currently residing at 22 Crescent Drive, New Cumberland, Cumberland County, Pennsylvania. 2. Defendant is Sheryl A. Faucon, an adult individual currently residing at 60 Pleasant View Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. The parties are the natural parents of two (2) children, namely, Jessica Lee Faucon, born April 11, 1987, and Nicole Elisabeth Faucon, born August 25, 1992. The children were not born out of wedlock. 4. For the past five (5) years, or since the children's birth, the children have resided with the following persons at the following addresses for the following periods of time: NAME ADDRESS DATES Rodney V. Faucon Sheryl A. Faucon Sheryl A. Faucon Sheryl A. Faucon Nicole E. Faucon Rodney V. Faucon Jessica L. Faucon Heather Smith Taylor Smith Ashton Smith 60 Pleasant View Drive Mechanicsburg, PA 17055 60 Pleasant View Drive Mechanicsburg, PA 17055 60 Pleasant View Drive Mechanicsburg, PA 17055 22 Crescent Drive New Cumberland, PA 17070 1997 to February 2002 February 2002 to June 2002 June 2002 to present June 2002 to present The natural mother of the child is Sheryl A. Faucon who resides as aforesaid. She is married. The natural father of the child is Rodney V. Faucon who resides as aforesaid. He is married. 5. The relationship of the Plaintiff to the children is that of natural father. The Plaintiff currently resides with his girlfriend, Heather Smith, her two minor children, Taylor Smith (age 6) and Ashton Smith (age 3), and with the child, Jessica, on an alternating weekly basis. 6. The relationship of the Defendant to the children is that of natural mother. Defendant currently resides with the child, Nicole, primarily, and with the child, Jessica, on an alternating weekly basis. 7. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning custody of the children. g. Plaintiff has no information of any custody proceedings concerning the children pending in any Court of this Commonwealth. 9. It is in the best interest and permanent welfare of the children to grant the relief requested because: a.) At the time of the parties' separation the parties negotiated a verbal agreement to exchange custody of the children on alternating weekends and at other times when the parties were available b.) During the time of the parties' marriage and following the parties' separation, the minor child, Jessica, had certain conflicts, resulting in verbal confrontations and extreme emotional upset, with Defendant (hereinafter referred to as "Mother"). c.) During the time of the parties' marriage and following the parties' separation, the minor child, Jessica, experienced behavioral problems at school. d.) On or about June 3, 2002, the minor child Jessica was admitted to the hospital on emergency basis following an attempted suicide. e.) Following the above incident, the minor child began therapy, counseling and medications. f.) At that time, the child, the parties and the child's counselor agreed that the child should reside with the Plaintiff (hereinafter referred to as "Father"). g.) Father had primary physical custody of minor child, Jessica, until approximately September 2002. h.) At that time, the parties agreed to share physical custody of Jessica on an alternating weekly basis. i.) The agreement to share physical custody on an alternating weekly basis was made following Jessica's consent and agreement to such an arrangement with the consent of her therapist. j.) Father considered the arrangement to be conditional in nature so that in the event Jessica's behavior deteriorated, she would return to his primary physical custody. k.) During the time the parties shared physical custody, Father allowed the child to remain in the Cumberland Valley School District, which allowed Mother the opportunity to visit with child after school every day during Father's weekly periods of his custody, at Mother's insistence. 1.) During this time of shared physical custody, Mother refused to provide transportation for the child on Father's weeks of custody although Mother insisted that the child come to her residence following school every day. m.) On or about October 24, 2002, the minor child, Jessica, engaged in a physical fight at school which resulted in an out-of-school suspension for three (3) days. n.) The minor child, Jessica, indicated to Father that she did not wish to return to the Cumberland Valley School District and that she would prefer to remain in Father's primary physical custody. o.) Father believes it is in Jessica's best interest to remain in his primary physical custody and further believes that the conflicts between Mother and Jessica are causing more stress and aggravation for the child. al health will improve if she is returned to his primary physical 's ment p.) Father believes Jessica custody. not a party to these proceedings who claims to have custody or . Plaintiff does not know any person 10 visitation rights with respect to the child. WHEREFORE, Plaintiff requests your Honorable Court to schedule Custody Conciliation Conference followed by a hearing at which time he should be granted primary physical custody of the minor child Jessica and partial physical custody of the minor child Nicole. Respectfully submitted, -AL-11L Marylo atas, Esquire Attorney or Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: ?! y d /,-, /? 6,q-- RODNEY V. FAUCON, Plaintiff 1 J ? n 0 RODNEY V. FAUCON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 02-5490 CIVIL ACTION LAW SHERYL A. FAUCON DEFENDANT . IN CUSTODY ORDER OF COURT AND NOW, Friday, November 22, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before _ Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, December 17, 2002 at 10:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunday, Esq. c. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 v'Ndi1lASNN3d AINnr- 0C'?t?fl' L 7 T Wa ZZ AON ZO 1011la-©311 RODNEY V. FAUCON, Plaintiff V. SHERYL A. FAUCON, Defendant IN THE COURT OF' COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-5490 CIVIL TERM IN CUSTODY PETITION FOR CONTEMPT OF CUSTODY 1. Petitioner is the above named Plaintiff, Rodney V. Faucon, an adult individual currently residing at 22 Crescent Drive, New Cumberland, Cumberland County, Pennsylvania. 2. Your Respondent is the above named Defendant, Sheryl A. Faucon, an adult individual currently residing at 60 Pleasant V iew Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. Petitioner filed a Complaint for Custody on November 13, 2002, requesting custody of the parties' minor children, Jessica Lee; Faucon, born April 11, 1987, and Nicole Elisabeth Faucon, born August 25, 1992. 4. By Order of Court, dated December 30, 2002, the parties were directed to submit themselves to a custody evaluation to be performed by Chrissie Hart, PhD, with the cost of the evaluation to be shared equally between the parties. A copy of the Order is attached hereto and incorporated herein by reference as Exhibit "A." 5. Since the entry of the aforementioned Order, the children have continued to reside in Cumberland County, thus providing this Court with ongoing jurisdiction of these proceedings. 6. Petitioner contacted Dr. Hart's office, made payment of the sum requested in the amount of $1,000.00, and attended his one scheduled visit, as Ordered. 7. Respondent contacted Dr. Hart's office and scheduled an appointment to begin her portion of the evaluation. 8. Respondent has refused to make payment for her portion of the evaluation. 9. Dr. Hart will not meet with Respondent without payment and will not meet again with Petitioner without first having met with Respondent. 10. Respondent has willfully failed to abide by the terms of the aforesaid Order. 11. Petitioner has made offers to Respondent to make payment on her behalf with reasonable repayment terms, including monthly payments, interest and terms for default. 12. Respondent refuses to enter into an agreement with Petitioner regarding repayment on his terms. 13. Petitioner was obligated to secure counsel to pursue the within Petition for Civil Contempt and Respondent should be responsible for payment of attorney's fees associated with these proceedings that were necessitated due to her failure to abide by the terms of the Court's Order. 14. Respondent is represented by Debra Denison Cantor, Esquire, who has been provided with a copy of this Petition in advance and who does not concur in the request for contempt. WHEREFORE, Petitioner requests Your Honorable Court to hold Respondent, Sheryl A. Faucon, in contempt of Court. Respectfully submitted, M o s, Esquire Attorneyfo laintiif/Petitioner GRIFFIE & ASSOCIATES 200 N. Hanover Street Carlisle, PA 117013 (717) 243-5551 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities.. Date: b l6 (? /d L%1 RODNEY V. FAUCON rV W c w ? mm x r?;=^ U til D J 'I1 a RODNEY V. FAUCON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 02-5490 CIVIL ACTION LAW SHERYL A. FAUCON IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday July 03 2003 upon. consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before _ Dawn S. Sundav Esq the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, August 14, 2003 for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in at 1:00 PM dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the tort, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn Q c ndav, •_Esq_ c, Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations availab to disable ind s having court plese must el made at least 721hourslprior to any hearingeoor business be ore the coourtt you must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 'oov ' 14*) d!rvyn?;srvnl?d 6 U vI l1J c - Inp Co a10 J3 i!:-1 RODNEY V. FALCON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW SHERYL A. FAUCON, : NO. 02-5490 CIVIL TERM Defendant : IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW, comes Petitioner, Rodney V. Faucon, by and through his counsel of record, Marylou Matas, Esquire, and the law firm of Griffie & Associates petitions the Court as follows: 1. Your Petitioner is the above-named Plaintiff, Rodney V. Faucon, an adult individual currently residing at 22 Crescent Drive, New Cumberland, Cumberland County, Pennsylvania. 2. Your Respondent is the above-named Defendant, Sheryl A. Faucon, an adult individual currently residing at 60 Pleasant View Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. The parties are the natural parents of two children, namely Jessica Lee Faucon, bom April 11, 1987, and Nicole Elisabeth Faucon, born April 25, 1992. 4. The parties are subject to an Order of Court dated December 30, 2002, a copy of said Order of Court is attached hereto and incorporal;ed herein by reference as Exhibit "A." 5. Since the entry of the aforementioned order, the children have continued to reside in Cumberland County, thus providing this Court with ongoing jurisdiction in these proceedings. 6. The parties abide by the provisions of the aforesaid Order in so far as they relate to physical custody of the children. 7. Since the entry of the aforesaid Order, Petitioner's circumstances have changed so that Petitioner believes and therefore avers that it is in the best interest of the minor child, Jessica, for him to exercise primary physical custody of this child and in the best interest of the minor child, Nichole for him to exercise shared physical custody of this child on an alternating weekly basis. 8. At the time of the aforesaid Order, Petitioner was employed as a truck driver with Schneider Trucking Company, which employment required him to be away from home for several days at a time. 9. On or about, August 1, 2003, Petitioner's employer removed him from this position and relocated him to a position where he is not driving and is working daylight shift only, thus making him available for the children every evening. 10. Pursuant to the Order of Court dated December 30, 2003, the parties were ordered to submit themselves, their minor children and any other individual deemed necessary by the evaluator to a custody evaluation to be performed by Chrissy Heart, Ph.D, Arnold T. Shienvold, Ph.D., or a professional selected by agreement of the parties. it. The parties agreed to use an evaluator from Dr. Shi envold's office. 12. Petitioner paid the requested fee of $1,000.00 and attended the first scheduled appointment on or about March 10, 2003. 13. Although Respondent scheduled an initial appointment with the evaluator, Respondent failed and refused to make payment of the requested fee for the evaluator and has not participated in the evaluation proceedings. 14. Petitioner filed a Petition for Contempt to address Respondent's contempt of the Order, so far as it relates to her failure to cooperate with the evaluation process on July 1, 2003. 15. A custody conciliation conference is scheduled for August 19, 2003. 16. Petitioner's original Complaint for Custody indicated his desire to be granted primary physical custody of the minor child of Jessica and partial physical custody of the minor child Nichole. 17. But for Respondent's willful contempt of the Order of Court dated December 30, 2002, it is likely that the evaluation would, have been completed and a recommendation would have been made by the evaluator as to Petitioner's request for primary custody. 18. The issues raised in Petitioner's Complaint for Custody continue to exist with regard to the minor child, Jessica, and have presented themselves with regard to the minor child, Nicole, in so far as those issues relate to constant confrontation and emotional upset between the children and their mother. 19. Petitioner is concerned about the children's safety and welfare while in the care of Respondent's physical custody. 20. It is in the best interest and permanent welfare of the children to provide Petitioner with primary physical custody of the minor child Jessica and shared physical custody of the minor child Nicole. WHEREFORE, Petitioner requests your Honorable Court to schedule a conciliation conference at which time an order should be entered providing him with primary physical custody of the minor child Jessica and shared physical custody of the minor child Nicole. Respectfully submitted, Ma o alas, Es 're Attorne rPlaintiff/Petitioner GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsifications to authorities. DATE: RODNEY V. FAUCON, Plaintiff/Petitioner ?- DEC ? 7 zn0? ? RODNEY V.FAUCON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 02-5490 CIVIL ACTION LAW SHERYL A.FAUCON, Defendant IN CUSTODY ORDER OF COURT AND NOW, this day ofm - 002 upon consideration of the attached Custody Conciliation Report, it is ordered and directed a follows: 1. The parties shall submit themselves, their minor children, and any other individ als deemed necessary by the evaluator to a custody evaluation to be performed by Chrissie Hart, PhD, Arnold Shienvold, PhD, or other professional selected by agreement of the parties. The purl ose of the evaluation shall be to obtain independent professional recommendations concerning ongo ng custody arrangements for the parties' Child, Jessica, and the need for co-parenting counseling for the parties. The parties shall sign all authorizations deemed necessary by the evaluator in order to obta' additional information pertaining to the parties or the Children. The cost of the evaluation shall be eq?ally shared between the parties. 2. The Father, Rodney V. Faucon and the Mother Sheryl A. Faucon shall have share legal custody of Jessica Lee Faucon, born April 11, 1987, and Nicole Elisabeth Faucon, born August 25, 1992 . Each parent shall have an equal right, to be exercised jointly with the other parent, t make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information I 3. The Mother shall have primary physical custody of Nicole. The Father shall ave partial physical custody of Nicole on alternating weekends from Friday at 5:00 pm through Sunday at 5:00 pm, and on the interim weekend from Sunday at 5:00 pm through the following Mond y morning when the Father shall transport Nicole to school. 4. Pending further Order of Court or agreement of the parties, the parties shall share having physical custody of Jessica on an alternating weekly basis, with the exchange to take lace every Sunday at 5:00 pm . The Mother shall have custody of Jessica during the Father's weeks of ustody on tuesdays, wednesdays, thursdays and fridays from after school until 5:00 pm, unless the Father gives the Mother one day notice that the Child will not be coming to the Mother's residence on the bus. The Father shall pick up Jessica at the Mother's residence at 5:00 pm. d X? ?c6 _T t11 r -M. 1 .1^ • ?/? V as 7. The parties shall have custody of the Children on holidays as follows: A. CHRISTMAS: In 2002, the Father shall have custody of the Children from Saturday, December 21 through Tuesday, December 24, when the Mother shall pick up the Children at the paternal grandmother's residence. The Mother shall have custody of the Children from Tuesday, December 24 through Friday, December 27 and the Father shall have custody from Friday, December 27 through Saturday, December 28 at 7:00 pm. B. EASTER: The party who has custody of the Children over the Easter weekend under the regular alternating weekend schedule shall have custody until Easter Sunday at 2:00 pm and the other party shall have custody beginning on Easter Sunday at 2:00 pm through his or her weekly period under the regular schedule. C. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 8. The non-custodial parent shall be entitled to have reasonable telephone contact with the Children. 9. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 10. Counsel for either party may contact the Conciliator within 60 days of receipt of the evaluator's written custody recommendation to schedule an additional Conciliation Conference, if necessary. 11. 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 TH 'y COURT, J. cc: Marylou Matas, Esquire - Counsel for Father Debra Cantor, Esquire - Counsel for Mother TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and a seal of sai Court a Car isle, Pa. Th' ... ?. a of...... , F thonotery RODNEY V. FAUCON, Plaintiff VS. SHERYL A. FAUCON, Defendant PRIOR JUDGE: NONE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-5490 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jessica Lee Faucon April 11, 1987 Father /Mother Nicole Elisabeth Faucon August 25, 1992 ]Mother " 2. A Conciliation Conference was held on December 17, 2002, with the following individuals in attendance: The Father, Rodney V. Faucon, with his counsel, Marylou Matas, Esquire, and the Mother, Sheryl A. Faucon, with her counsel, Debra Cantor, Esquire. 3. The parties agreed to entry of an Order in the form as attached. ?o_ rn l vvit l 1 .J&.4- Date t ?/ Dawn S. Sunday, Esquire Custody Conciliator Vl d X? tr " oo O ?°? 7. O u RODNEY V. FAUCON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 02-5490 CIVIL ACTION LAW SHERYL A. FAUCON DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday August 25 2003 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before _ Dawn S. Sunday Esq. at 39 West Main Street, Mechanicsbur , PA 17055 on Tuesday, August 19, 2003 for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues intd s1:0 PM pute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing, FOR THE COURT, By: ls/ a o n C Cit d Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations m available to disabled ust be made at least 721hours lp or t any hearing o? business be ore theCwurtt you mu t attend the fiche nts duled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 b?U,cNN3d kjmb11V , jVr a?na , RODNEY V. FAUCON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 02-5490 CIVIL ACTION LAW SHERYL A. FAUCON Defendant IN CUSTODY" ORDER OF COURT AND NOW, this 7_ day of A" 2003, upon consideration of the attached Custody Conciliation Report, i is of ied and directed as follows: 1. The prior Order of this Court dated December 30, 2002 shall continue in effect as modified by this Order. 2. The Father shall be responsible to pay the deposit and other initial costs of the custody evaluation, including the Mother's one-half share. The Mother shall make payments on her one-half share of the custody evaluation costs to the Father in the amount of $60.00 per month until the Mother's share is paid in full. The Mother shall make her first monthly payment under this provision on or before September 10, 2003 and each monthly payment thereafter shall be due on or before the tenth day of each month. 3. In the event the Mother fails to make timely payments as required by this Order and the Father files a Petition for Contempt thereon, the Mother shall be responsible to reimburse the Father for all filing costs and legal fees associated with the contempt proceedings. 4. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. RV TAP COT TRT cc: ,Xrylou Matas, Esquire - Counsel for Father ebra Denison Cantor- Counsel for Mother 09-03-ca VNVAIASNN3d l7 RODNEY V. FAUCON, Plaintiff VS. SHERYL A. FAUCON Defendant Prior Judge: J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-5490 CIVIL ACTION LAW IN CUSTODY 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 infonnation concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jessica Lee Faucon April 11, 1987 Mother / Father Nicole Elisabeth Faucon August 25, 1992 Mother 2. A Conciliation Conference was held on August 19, 2003 with the following individuals in attendance: The Father, Rodney V. Faucon, with his counsel, Marylou Matas, Esquire, and the Mother, Sheryl A. Faucon, and her counsel, Debra Denison Cantor, Esquire. 3. The parties agreed to entry of an Order in the form as attached. j4J'"!"t ?S ,003 Date Dawn S. Sunday, Esquir Custody Conciliator 0 RODNEY V. FAUCON IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 02-5490 CIVIL ACTION LAW SHERYL A. FAUCON Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of fMl - 2004, upon consideration of the attached Custody Conciliation Report, it is orc ered and directed as follows: 1. The prior Order of this Court dated December 30, 2002 is vacated and replaced with this Order. 2. The Father, Rodney V. Faucon, and the Mother, Sheryl A. Faucon, shall have shared legal custody of Jessica Lee Faucon, born April 11, 1987, and Nicole Elisabeth Faucon, born August 25, 1992. The parties agree that major decisions concerning their Children, including, but not necessarily limited to, the Children's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the Children's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the Children. Each party agrees not to attempt to alienate the affections of the Children from the other party. Each party shall notify the other of any activity or circumstance concerning their Children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then ]having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Children at the time of the emergency shall be permitted to make immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent. 3. The Mother shall have primary physical custody of the Children. ?R`r ? 'l>: ipSfnJ S1:01m zI a,Vwgoot -?'??? - is ci, 4. The Father shall have partial physical custody of the Children on alternating weekends from Friday at 5:00 pm through Sunday at 5:00 pm. 5. The parties shall have custody of the Children on holidays as follows: A. CHRISTMAS: In even numbered years, the Mother shall have custody of the Children on Christmas Eve and Christmas Day and in odd numbered years, the Father shall have custody of the Children on Christmas Eve and Christmas Day, with the specific times to be arranged by agreement. In every year, the parties shall share having custody of the Children during the remainder of the Christmas school break as arranged by agreement. B. THANKSGIVING: The Thanksgiving holiday period of custody shall run from the Wednesday before Thanksgiving through Thanksgiving Day at 5:00 pm. The Father shall have custody of the Children over Thanksgiving in even numbered years and the Mother shall have custody in odd numbered years. C. MOTHER'S DAY / FATHER'S DAY: The Mother shall have custody of the Children every year on Mother's Day and the Father shall have custody every year on Father's Day. D. EASTER/ JULY 4T": The party who has custody over Easter Sunday and July 4`h under the regular custody schedule shall have custody of the Children for the holiday. E. FEDERAL SCHOOL HOLIDAYS: The party who has custody of the Children over the weekend under the regular custody schedule shall have custody of the Children for all federal holidays which fall on the Friday immediately proceeding the weekend or the Monday immediately following the weekend, including but not limited to, Memorial Day, Labor Day, President's Day, Martin Luther King Day and Columbus Day. F. The holiday custody schedule shall supercede and take precedence over the regular custody schedule. 6. Each party shall be entitled to have uninterrupted custody of the Children for up to fourteen days (consecutive or nonconsecutive) during the summer school break each year. The Father shall notify the Mother of his selection of vacation dates by May 1 of each year and the Mother shall provide the Father with at least thirty days advance notice of her selection of vacation dates. 7. The party receiving custody of the Children shall be responsible to provide transportation for the exchange of custody. 8. The non-custodial parent shall be entitled to have reasonable telephone contact with the Children. 9. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 10. 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 COURT, L? - J esley Oler ?. cc: Marylou Matas, Esquire - Counsel for Father Q? bra Denison Cantor, Esquire - Counsel for Mother 06-J2-Q? RODNEY V. FAUCON Plaintiff vs. SHERYL A. FAUCON Defendant Prior Judge: J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-5490 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jessica Lee Faucon April 11, 1987 Mother Nicole Elisabeth Faucon August 25, 1992 Mother 2. A Conciliation Conference was held on May 6, 2004, with the following individuals in attendance: The Father, Rodney V. Faucon, with his counsel, Bradley Griffie, Esquire, and the Mother, Sheryl A. Faucon, with her counsel, Debra Denison Cantor, Esquire. 3. The parties agreed to entry of an Order in the form as attached. U ? Date Dawn S. Sunday, Esqu' Custody Conciliator RODNEY V. FAUCON, § PlaintifVRespondent § V. § SHERYL A. FAUCON, § Defendant/Petitioner § IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5490 CIVIL ACTION - LAW PETITION FOR MODIFICATION OF PARTIAL CUSTODY OR VISITATION ORDER PURSUANT TO 23 Pa.C.S. 5310 AND NOW, comes the Petitioner, Sheryl A. Faucon, by her attorney, Tanner Law Offices, LLC, and represents as follows: Petitioner, Sheryl A. Faucon, is an individual currently residing at 60 Pleasant View Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050-3106. 2. Respondent, Rodney V. Faucon, is an adult individual currently residing at 22 Crescent Drive, New Cumberland, Cumberland County, Pennsylvania 17070- 2701. Petitioner respectfully represents that on May 11, 2004 an Order of Court was entered for Custody based on a Custody Conciliation Conference held on May 6, 2004 attended by the parties and their respective counsels. 4. This Order should be modified because it is in the best interest of the child. A. Despite the Court Order of May 11, 2004, providing Respondent with partial periods of physical custody consisting of every other weekend, holidays, and two weeks during the summer months, Respondent made no contact or efforts to contact the child for more than one year prior to March 2008, and in fact, the last time he did contact her before March 2008, he told the child that he did not want to see her anymore. B. In March 2008, Respondent contacted Petitioner and stated his intentions to follow the custody schedule as outlined in the May 11, 2004 Order. C. In March 2008, the parties' minor child, who shall turn 16 in August, went to Respondent's home for the weekend. During this weekend, Respondent would not speak to her and was cold towards her. D. The child indicated that there was no bed for her to sleep in at Respondent's home. E. The child has stated that she does not want to go to Respondent's home and has threatened to run away if forced to go to his home. WHEREFORE, Petitioner requests that the Court modify the existing order for Custody because it will be in the best interest of the child. Respectfully submitted, %&/a f 1-ailii2o c . Tabetha A. Tanner, Esquire Supreme Court I.D. No.: 91979 Attorney for Plaintiff TANNER LAW OFFICES, LLC 1300 Market Street, Suite 6 Lemoyne, PA 17043 (717) 731-8114 VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements made herein may subject me to penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. „ Date: ? wOn "I I /, ? Sheryl Faucon 0 Q D r. ' n 3> { co RODNEY V. FAUCON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • ?qa 2002-54 *-CIVIL ACTION LAW SHERYL A. FAUCON IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, June 24, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, July 31, 2008 at 10:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunda Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 b'i VAUGNI"43d I S :4 Wj SZ 19f OOOZ M -40 lei ! vt?_ } RODNEY V. FAUCON, Plaintiff/Respondent V. SHERYL A. FAUCON, Defendant/Petitioner § IN THE COURT OF COMMON PLEAS OF § CUMBERLAND COUNTY, PENNSYLVANIA § NO. 2002-5490 § CIVIL ACTION - LAW PETITION FOR MODIFICATION OF PARTIAL CUSTODY OR VISITATION ORDER PURSUANT TO 23 Pa.C.S. 5310 AND NOW, comes the Petitioner, Sheryl A. Faucon, by her attorney, Tanner Law Offices, LLC, and represents as follows: 1. Petitioner, Sheryl A. Faucon, is an individual currently residing at 60 Pleasant View Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050-3106. 2. Respondent, Rodney V. Faucon, is an adult individual currently residing at 22 Crescent Drive, New Cumberland, Cumberland County, Pennsylvania 17070- 2701. 3. Petitioner respectfully represents that on August 12, 2008 an Order of Court was entered for Custody based on a Custody Conciliation Conference held on August 4, 2008 attended by the parties and their respective counsels. 4. This Order should be modified because it is in the best interest of the child. A. Pursuant to the August 12, 2008 Order, the Child has been attending counseling sessions. B. The Child has been reluctant to attend the counseling sessions, as the Child and counselor, Jamie Kunkel, are not connecting, specifically, the Child feels the counselor does not relate to her. . y C. The Child has refused to go to the counselor. D. The Child wants to go to another counselor, Jamie Orris, whom she has seen before. E. Attorney for Petitioner has contacted Attorney for Respondent repeatedly and asked for Respondent's agreement for Child to switch counselors. F. Attorney for Respondent has not responded to Attorney for Petitioner regarding this issue. G. Despite the Child's refusal, Petitioner continues to force the Child, against her will, to attend. WHEREFORE, Petitioner requests that the Court modify the existing order for Custody because it will be in the best interest of the child. Respectfully submitted, Tabetha A. Tanner, Esquire Supreme Court I.D. No.: 91979 Attorney for Defendant a_ q? VERIFICATION I verify that the statements made in this Petition for Modification of Partial Custody or Visitation are true and correct. I understand that false statements made herein may subject me to penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: `- Sheryl A. Faucon - 3 . 4 r,.'.', ?' pp ?? a ?' 0 ?', i 7.. ga ?y CA ? ? p ?.,, 3 ? ? ?? _? ", ?-, RODNEY V. FAUCON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. SHERYL A. FAUCON DEFENDANT 2002-5490 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, January 08, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, January 29, 2009 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunda Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 M. AN -8 Pit 2:4 7 CUMBF".. .i Gt?l f cop, I1!kk ' 2000 G, RODNEY V. FAUCON IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2002-5491 CIVIL ACTION LAW SHERYL A. FAUCON Defendant IN CUSTODY ORDER OF COURT AND NOW, this !I 14 day of m v c_ ? 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties agree to make arrangements for the Child and the Father to engage in therapeutic family counseling with Jamie Orris, if she participates under the Child's health insurance plan, or another counselor who does participate in the Child's health insurance plan as selected by the Mother. The Mother shall select the counselor and contact the counselor's office by March 6, 2009 to schedule the Child's initial appointment. The Mother shall notify the Father on or before March 6, 2009 as to the counselor whom she has selected, along with all contact information, to enable the Father to contact the counselor and schedule his initial session as soon as possible as well. The purpose of the counseling shall be to address issues which have arisen in the Father-Daughter relationship and to facilitate resumption of regular ongoing contact between the Father and the Child. The parties shall cooperate in scheduling all individual and joint sessions as recommended by the counselor. 2. In accordance with the Order establishing shared legal custody between the parties, the Mother shall share with the Father in a timely manner all pertinent information concerning the Child which could reasonably be expected to be of interest to the Father. The Mother shall notify the Father in advance of all medical, dental and other types of appointments scheduled for the Child and any other significant developments involving the Child including, but not limited to, information pertaining to her probation or community service. cc: ? rabetha M. Shultz, Esquire - Counsel for Father A. Tanner, Esquire - Counsel for Mother CT Ces YyyyLuat -?ls?oY BY THE COURT, at ? cn .? 1 -. RODNEY V. FAUCON Plaintiff VS. SHERYL A. FAUCON Defendant Prior Judge: J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2002-5491 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Nicole E. Faucon August 25, 1992 Mother 2. A custody conciliation conference was held on February 24, 2009, with the following individuals in attendance: the Father, Rodney V. Faucon, with his counsel, Sean M. Shultz, Esquire, and the Mother, Sheryl A. Faucon, with her counsel, Tabetha A. Tanner, Esquire. 3. The parties agreed to entry of an Order in the form as attached. . -P_W lr, - )0 Date Dawn".-Sunday, Esquir Custody Conciliator