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HomeMy WebLinkAbout97-02120 C.? C 4 4,7 ?.r fC ?? t„ it s< 6 _ z? i by WILLIAM 1'. HAWTHORN, JR., Plaintiff v. MARYELLEN HAWTHORN, Defendant L'.1??1L'E_?:S21i_?'1liY_11d[Z W17'NDRAWAL gF API'EAiIANC? TO THE PROTHONOTARY: Please enter the appearance of the following attorney on behalf of the Plaintiff, William T. Hawthorn, Jr., In this matters Philip H. spare, Esquire Snelbaker, Brenneman & Spare, P. C. 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 and please withdraw the appearance of the following attorney on behalf of the Plaintiff, William T. Hawthorn, Jr., in this i IN THE COURT OF COMMON PLEAH OF' CUMBERLAND COUN'T'Y, PENNSYLVANIA NO. 97-2110 CIVIL TERM CIVIL ACTION - LAW CUSTODY matters Oary J. Imblum, Esquire Knupp & Kodak, 11. c. 407 North Front Street P. O. Box 11848 Harrisburg, PA 17108-1840 (717) 278-7151 IAW ".141 tti fill( 1 BAk111 13141 NW #AA?4 A 6PAIik Ph 1 qplQr?e, equTre_ Respectfully s ry J. ittied, Dates VVI)rUavy U, 1999 Esquire Dates F'(A'Uury 4, :99g r •? ? r t L i? f WILLIAM T. HAWPIKXU't, ,1H„ i ly 'FHL C?ll!!t'1' (W OL M N I'LLM 11y' Plaintiff t G't114HMANn tXXWI'Y, iEMSYLVANIA t ve. t 11x7, 97-212o CIVIL '1K M s MANY ULM HAW119"i t CIVIL AMON - LAW Defendant s t118JOIN tom[ ILIA1'1fN tNR l7?flY. M " rr IN I?i11i{ip K!m iN771 (IsUtl4tt.W) (11117°Y NI" C1!' CIVIL PVXX = 19150-of that underaiy[lef Natcoly C(gicillator a4dmits the follawirlcl reports 1. 7fia pet:tinant ilifutiliatit'll cs:,4itet0rq the Children who ere the atd;jscte of title litialatlr,ri in 4M follawel IYII K_ (?K _li I N IU CIr{ f4lf7.Y IN (IIJI AN op M" William 7ig»e Ilawthorq, III AprlI s?b, 191SH Mather Leah Adr Iearlru8 Iiawtharn utivrane or 4, 199 1 Mother 2. A C(,nciltaticai Cta4laresua was held on 13atrtentimr 1, 19go, with the tallnwlrM3 irullvldual¦ lit atteruiaricar 'ilia hathor, William 9'. Hawthorn, Jr., with hin 4?uuwal, r;ary I. I44t,lur, heyulta, arul tile Mother, Mary 4I1en NAwtl7ar17, with lair t?Cjunael, r't4arlea Hector, V'riquirm. 1. '1140 t,rlor Ortlut r,t Court waa ani.eted In tilt" nattee a-, Ju13e 'l, 1997 molar which the Fi!,tim had ptiuar.y lihynical custcxly of that ilifldren and the Fettle[ Bail l,artial IAryalaul rvatt.ty, fill alternatttu3 waskaruia and a weekday evenirpl Ivi week. 'Ilia tither tiled this Petition for Modification 0auktitl "haral 1#1yai(al (lint,<ty ,:t the t'hildrwn. 1140 Iart:lan sjenerally Aijrtead at. 1.110 Cont6rwn,_a that ilia halh0t w„uld I,rocwe+d with hill i4lana to fi4u1 a rergiil0l'ue within Iha 1`11110te44's ,Urtetit xC:ha)l district. After the Father'" raluratiiin iloawr tU the i'1(11,irrenr Ihu lartien axp,rasaed their tnteurhts4 to try t" eatahl(ah I,y A7reev4ic-nt fleuilde artau(Ieirmi is for i4tr,re fr6xt4ue41t seal c4rl„irwl a,:rita: t l.?kw?en then h'zathor and III" Children. In the avant thu t+arttim ais ul,al,la, ar ll,at I lmo, t„ work shut a "atlatactory atrangoilmut if, satlitty lr.ih I,a44lea ,=duertim, it waa ar;knowlrali-jNd that ettthat betty a'a'n1d the a r«el,mimt with the Court to have thte matter a,illtic:r,a1 t,,a?terwnaa. r0lintial for all 4. it waa :wlravxl ar tbk 4i.uferwrita that ho ailditit4ial Order to nac0rasary ak ihia tlow. Bate y, t"natcxly Conntlintur r('{ 4;ary .le ]nlhlusi, L•acll,ita Courimat for Isath&K- (liar Ca `-4#,1. yr<l,?( ??4??9Q. es Hadar, Laquite ix,unaal tc,r MIAI:or Y 6 . vj.1 Wltr v V. 1i4??_)\I,tt r11( Plaintiff ; IN'I III!! COUR I OF COMMON PLEAS 01,'C'i IMIIIsRI.ANI) COI IN I N', ;PENNSYLVANIA V. CIVII. ACTION LAW + t?,t?llrf? 4ky.???,car (? ; Defendant : NO. CIVIL. 19 h l CUS'T'ODY VISITATION n.R l: O R' And now, this -W?, upon consideration of the attached complaint, it is herby directed that the above parties and their respective counsel appear before Esyuire,life conciliator at,.33_,. _;;r"`.u;_..u. _LAj c Ypry 1( \ ifp Pennsylvania, on the day of A- , 1998, at ;1_ SL. A.M./ ' Y., for a Pro-hearing Custody Conference. At sue) conference, an cfti)rt will be made to resolve the issues in dispute; or if this cannot he accomplished, to define and narrow the Issues to he heard by the court, and to enter into a temporary order, All children age five or older may be present at the conference. Failure to appear at the conference may provide grounds for the entry of a temporary or pennancnt order, FOR TI IF COURT, By; c1:?G11K\ te.\. &INVin C-? Custody Conciliator Wk- YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER A'1' ONCE. IF YOU DO NOT I IAVE A LAWYER OR CANNOT AFFORD ONE, C10 TO Olt 'hELEPIIONE TI fE OFFICE SE 'r FORTH DFLOW TO FIND OUT WIMM YOU CAN OFT LFOAL 111 LP. 11IR CUMBERLAND COUNTY BAR ASSOCIA'T'ION 2 LIBERTY AVI?NUI, CARLISLE, PA 17013 (717) 249.3 166 1.800.990.9108 ul'I•` `.I'i ..,.emu ?•'?' ,??f11N i 5 1999 WILLIAM T. HAWTHORN, JR., IN TNN COURT OF COMMON PLEAS hlaintl> ; C1.IMUERLANU COUN'T'Y, PENNHYLVANIA v• t NO. 97-2120 CIVIL 'I'ENM e MARYi LLEN IIAWT1IORN, CIVIL ACTION - LAW Ua[ensiant s IN CUSTODY/V181TATION Ali Yciu, are ORDURED to til?I?aar in I?erao(t at Pannoylvania, on at ...._._.,.__..._.w .,.w._._.., o'clock u or a Custody C'urs±'1114tlon Cennratenc.e. At such Conference, an sftort will be nsad® tcs roaoIva the iesuem in diaputat or it this cannot be ar_r?,mplinFsed, to detine and narrow the issues to be heard by tha Court, and to ent.sr into a Temporary Order. All children age five ur c,ldar may, at the requast of either attortray or party, be pteaettt at the C01ltOuetl0e, Fatlure to appear at the Conference usey ptrvide elr'ntuds for the entry rif a tauq,otary or permanent (+t lot . 11 yc,u fail to appear as provided by tTtla Order, art Order t"I a out ody may Le 011tuted against yat7 or th" Crnlrt may issue a W41 1 410 f0l ytilir at te®l. YOU RHOVW TAX$ THIN PAPIR TO YOUR LAWYIR AT ONCI. IV YOU DO NOT RAVI A LAWYIR OR CANNOT AFFORD ONI, OO TO OR TILIPHONX THR OFFIC¦ MILT FORTH RILOW TO FIND OUT WHIM YOU CAN ONT LIOAL HRLP. CUNDMAM COUNTY MAR ANNOCIATION 7 LIMkRTY AVINUI CARLINLE, PA 17017 (117) 749-3166 I''Cdl '1`HD: (Y?UIf'1'i l iy t ?s c, l I WILLIAM T. HAWTHORN, JR., i IN THE COURT OF COMMON PLEAS Plaintff i CUMBERLAND COUNTY, PENNSYLVANIA i V. i NO. 97-2120 CIVIL TERM i MARYELLEN HAWTHORN, i CIVIL ACTION - LAW Defendant i IN CUSTODY/VISITATION PETITION FOR MODIFICATION OF A PARTIAL CUSTODY OR VISITATjON ORDER 1. The Petition of William 'r. Hawtharrt, Jr. respectfully represents that on dune 9, 1997 an Order of Court was entered for partial custody. A true and correct copy of which is attached. 2. The order should be modified becauset a. Mother fails to keep father advised of the children's activity schedules/ b. Father is unable to schedule the children for counselling sessions since the children have prescheduled activities every evenings C. Father desires to spend more time with his children and the children desire to spend more time their father/ and d. It is in the beet interest of the children that an order be entered for shared custody. WHEREFORE, Petitioner requests that this Court modify the existing Order for partial custody to an Order for shared custody because it will be in the best interest of the children. Respectfully submitted, KNUPP 6 KODAK, P.C. 4 By arp y%I Imb t n q Attorney I.I. No 42606 407 North Font treet P.O. Box 11049 Harrisburg, PA 17100 (717) 239-7151 Datedr May _jAp, 1900 Attorney for Plaintiff YUILWl=n I varify that the statements made in Chia complaint are true and correct. I understand that falss statements ttaroin are mach suhjeCt to the penalties of 18 pa, CAA, 4 4004 relating to unsworn falsifteat ion to Authorities, Date) WILLIAM T. HAWTHORN, JM. Ito THE (()"T of COMMON hI.EAFI OV PI a i tat if f cUPI "I.ANI) CC'UHTY, kENNEYI.VANIA s CIVIL ACTION - LAW r C'USTOVY/V1111TATION MARVILL 1M HAWTHORN r NO. Uetandant 1 ANI? Now, +??, w roll acyngidoratinn of the attached cr,tr?I,latnt, it to hate -y ditplaed that flip pa ties o 4y 1,f at temporary or permanent circlet, VDH TILE C"IRT, e_ -\ If y t uatudy Cony iat(ir 1`1 I. t atui their tpapa?.tiva c'fiurie?el appear before ? =_ . _L,rL,L:u,tt 1 t 11"s . c uttr? (I lMteir, at , on a 4ta Neat 1n0 t uatridy cpnterenlae At aua aanfetanl_ta, an attc4tt . . will tie made to resolve the ipeuea In dteplltaf tit it t:hta cannuk 14 accc,m (iltahpd, t.1:4 deftnp and nart3w the teauea t„ Ise heard by t i-so t^c,ttrt, end to orator itlCsa a tallai,t,raty i,rder, All ehtldr6n a0a five or older may aleri t4a pratsant at. the c?utlfetanua, I'atlura to sear at the cc3r+feranc a may lirr vtde gtrrunde fir draty of a The Court Pt Common Pleaae cif Cumijat't,aii,i eciunty to vocoiretd b 1RM to Comply with the Anlettuana with I)ieahtittiea Act 0t 1090. Vor I"totmati0li shout WXaarethte fac IIit to a and reasonable at;nolf1ltlptiat 14>tio aval lahle t s, <.Ilaa bled lnlividualn having business lieture tho coillt, l,leave a:1,14Loct out office. All alranUeuiell(v +auat I.a 1twiv at lodot 74 hollta prior to any hootitiy (it lauainaaa batore tilts court. You must attand tit* lawhaduled contotenae ur haatinU. YOU HHOULD TAXE TIIIJ1 PAPEP 11) YOM I.AWYRit AT ONCR, IF YOU VO NOT HAVM A LAWYER OR CANN1,T Ak i ti M 1449, (10 710 on 7'E119PHON9 THE Oyy14.E MET t1)IiIII LIC1,0W '10 k IND 01FT WHERE you CAN C1ET 14E[lAt. NBLI' . OVVIt.'9 (if' '11114 (A)MT AUMINIMTRATOR C'OMITHQU814, 41H FIAJOR C-ARLItt1.X, 1^A 17011 (ti'7) 140-62ltu j /?7 111 ??k?? WILLIAM T, HAWTHORN, JR Plaintiff V. MARY ELLEN HAWIHOJIN Voleridant IN THE COURT OF COMMON PLIFAA ; CUMAI*RLAND COUNTY, PgNNNYLVANIA NO. CUSTODY/VISITATION CO10 INNTIOtt FARTIAL-DUMOOX AND NOW, comes Plaimitf, WILLIAM I. HAWTHORN, JR,, by and thFRugh his attorneys, Kmipp & Kodak, P. C., and rospecifully reprasams; 1. Plaintiff is William 1, llswlhom, Jr., residing at 60 Mulligan Dilvo, Eliom Yolk County, Pennsylvania 3. Qefandant IN Mary Ellan Hawthorn, rosldinU at 1101 Columbus Avenue, Apartinant b, tontoyne, C'Unlhaliarid Cotndy, Pennsylvania. 3. Plaintiff soaks custody of tits foliOWinu Childs": WILLIAM THOMAS HAWTHORN, III, eus 0 years, of 1 1 U1 COluitit/ue Avernra, Apaltrnent 6, Lenmyne, Cumberland County, Pennsylvania and LEAH ADHIEANNL HAW114014N, aus b yea(s, of 1101 Cofun1bUs Avenue, Apsitmant b, tsmuyne, Curnharland County, Pennsylvania. 4. The children were horn in wedlock. 6. L)urinu tire past five 151 years tits chlldran have resided with this fttllOWinU palsona at ilia followmU addreues: Fir) Mulligan Drive, EUers, Pennsylvania, hcnt rsspeciive birlhdatae to hoptemher 21, 1000, with William 1. Hawthorn, Jr, and Mary Lllun Hawthorn. 1101 Columbus Avenue, Apartment ab, Lemoyne, Pow isylvanie, flume beplamber 21, 1Dad, to presenf Willi Mary fllan Hawthuin b. The inothsr of IIis chddtoil, Mary Olon Hawthorn, is cutiontly tesidinp at 1101 Columbus Avenue, Apartment b, tenmyna, Cumberiend County, Pennsylvania, and she is married. 7. The leftist of the children, William 1. ItawIhom, Jr., is currently 1 esidin0 at 60 Mulligan Drive, filers, York County, Pannsyivanie, end he is maniod, a. The relationship fit the Plaintiff to ilia childion is that of natural father. 01 Tho relationship of the Deferidaid to ilia children is that of natural mother. W. Thera has bean no othai Uhaalion concarninp the cuatody of ilia ehildian. 11, The bell hiterest and permanent welfare of the children will be served bV diantiny the relief iaquasted because; A. Ilia chiidion resided Willi the Plaintiff from theft teepectlva detea of birth mild September 21, 1900, b. ilia Plsintllf ties a stion0 relationship with the children. C, The Plaintiff provides a positive environment for the r:hlldrsn. I 1081MlPMMM I0 J,WW0RR41AWC11n1(N (UM 21Ap,91 2 D. Defendant is undstelaliy lonihng PlainldYa telephone anus and •aerctae of his partial custody lights with ilia ehudren. 13. Each parent whose pareillal Ilghis to the children have not bsen Iennineled and the parson who has physical custody of Ilia 1,1111101) tier been named so a party to this Notion All ulher persons, named below, who are known to have or claim a right to custody or voulalion of the childian will be given notice of Ilia pandancy of this action and the right to intervene: None. WHEREFORE, Plaintiff isquests this Honoiabis Couil to grant him partial custody of the childian. Respectfully submitted, KNUPP N KODAK, P.C. ?? Defy J. hnbiu/,4 Altornay 1.11. d d 407 North Fro af P.O. How 118 Harrisburg, PA 171011 1848 J71171138 7161 Attotlisys lot Plalnhll Dated: ?1?lFRJUNNffJpU1IViWPRNVUW11lONN 6UM 7 Mof 1 3 I, William T, Hawthorn, Jr., verify that the statements made in the oforegoing Petition for Partial Custody are true and correct. I understand that false statements herein are made subject to the penalties of 16 Pa. C. S. 14604, rolating to unsworn falsification to authorities. r '! ` ILL" William T. Hawthorn, Jr.,;/ j' Dated; F10#t kBONNIIJOWIVIWOMI(WAWINUAN. GUM /1001 i c Y ? t+n ?l C{ I ) 1 WILLIAM 7', HAWTHORN, .7R., Plaintiff V, MARY ELLEN HAWTHORN, Defendant fdl LH LAW W1111. 6Nel 0AKt11, 69k NNkMAN a BPA11k. AND NOW, thin _-A_^ day of .._t y[=±?_- , 1999, upon consideration of the attached Motion, Tt s ?ioreby directed that the parties an their respective counsel appear before c i-:nqulre, the conciliator, at ?>lc Pennsylvania, on ay c S- --' ?1r3y9, at o'clock - ?? M. for a 're Ilearing Cu eoy 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. i IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA i NO. 97-2120 CIVIL TERM CIVIL ACTION - LAW CUSTODY FOR THE COURT, By AL ator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilltion 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 BHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 11' YOU Do NOT HAVE A LAWYER Oil CANNOT AFFORD ONE., GO TO OR 'T'ELEPHONE THE OFFICE 81:'1' FORTH BELOW 710 FIND OUT WHERE YOU CAN GET LEGAL, HELP. Cumberland County liar Association 2 Liberty Avenue Carlisle, Pennsylvania 1.1013 (717) 249-3166 ; va ?w `/,;Oki 1we re C/o WILLIAM T. HAWTHORN, JR., Plaintiff V. MARY ELLEN HAWTHORN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-2120 CIVIL TERM CIVIL ACTION - LAW CUSTODY PLA I NTIfr! fl-1411211_F41i._iillliT.412X .lR4Ii?I11IAT14? CONFERENCE AND NOW, comes the Plaintiff, by his attorneys, Snelbaker, Brenneman 6 Spare, P. C. and respectfully moves your Honorable court to have this matter relisted for a Custody Conciliation Conference as follows 1. Plaintiff, William T. Hawthorn, Jr., relocated his residence to 500 Walnut Street, Apartment I1-2, Lemoyne, Pennsylvania on or about July 15, 1999. 2. The Custody Conciliation Summary Report dated September 21 1998 and signed by Dawn S. Sunday, Esquire, Custody Conciliator, provides, in pertinent parts "the parties generally agreed at the Conference that the Father would proceed with his plans to find a residence within the Childrens' current school district. After the Father's relocation closer to the Children, the parties expressed their intention to try to establish by agreement flexible arrangements for more frequent and ongoing contact between the Fattier and the Children. In the event the parties are unable, at that time, to work out a satisfactory arrangement to satisfy both parties concerns, it was acknowledged that either party could file a request to the Court to have this matter relisted for an additional conference." A copy of said Report is attached hereto as Fxhiblt "A". i.N "I 'W'. GNEI HAKLN ed 511AUn" 3, Despite Father's efforts, the parties have been unable rnNE to work out a satisfactory arrangement to satisfy both parties' concerns. WHEREFORE, Plaintiff-Movant, William 'r. Hawthorn, Jr., respectfully requests your Honorable court to relict this matter for an additional custody Conciliation Conference. Respectfully Submitted, SNELSAKER, BRENNEMAN 6 SPARE, P. C. 6y1 P??.'•W li.?-- q - Gs u re Pe Supreme Ct. ID 065200 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-0520 Attorneys for Plaintiff-Movant William T. Hawthorn, Jr. petal August R51 1999 l.,W b..O I. 13NEI DANI It. DUNNFMAN II A OPAIl! YUU 1CATIQN I verify that the statements made in the foregoing Motion are true and correct. I understand that false statements herein are made subject to the penalties of 10 114. C.B. 54904 relating to unsworn falsification to authorities. William S AM% ? T. awl obi rn, Jr. Dater Aulluel 25. 1999 6NCl R>MFR. ORk NNFI IAN 4 6pnNA CERTIFICATE OF SERYIC It PHILIP 11. SPARE, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Motion to be served upon the person and In the manner indicated below: URST CLASS MAIL. Y4flTASlld..kliki'All2._AUUIik?lzliki2 AH_ S2LL4N1@t Charles Rector, Esquire 1104 Fornwood Avenue Suite 20] Camp Hill, PA 17011-6912 KrIGpp Iti 6 9 SNELHAKEIt, RRENNEMAN 6 SPARE, P. C. 44 West Main Strout P. 0. Box ]10 Mechanicsburg, PA 11095 (717) 691-11520 Attorneys for Ilialntlff -Movant William T. Hawthorn Rate I August .26 , 1999 1 .W 1.4.1. 16 BNEI II A k E N. tilt E NNE MAN NI EJVAIRt f' ?' t?l ?" ??! (?• ( 1 1 . ri. ' '- ± .' ? ?, "? j ?i _ ??; l.' ' ? J i i . , I, ? WILLIAM T, IIAW-1'IIORN, JR. Plaintiff Vs. MARY 1?L1IiN I IAW-1.1IORN, Defendant IN TNli COURT OF COMMON PLEAS Of' CUMBERLAND COUNTY, PENNSYLVANIA NO, 97.2120 CIVIL TERM CIVIL ACTION - LAW CUSTODY The Prothonotary, LAW 01111,tL HNENNEMAN 4 SPANS Kindly withdraw Plaintiff's Motion For Custody Conciliation Conference filed on or about gust 26, 1999 in the above-captioned matter, Date: October 14, 1999 Respectfully submitted, SNELBAUR, HRPNNFMAN & SPARK, P.C. Ilyc?t I h ip I (. tipare, ?quirc I'a. Supreme Court LU. No. 65200 Attorney for 1'laintifi. William T. I lawthorn, Jr. ( lilt'I IElcn'fii Ol' SI;'It ICL I,1'1111.11' 11. SPARE, FSQUIRE. hereby certify that I have, on the below dale, caused a true and correct copy ol'the foregoing Praecipc to be served upon the persons and In the manner Indicated below: tS l' CLASS MAIL,. 'cLSTAU PAITAID, l1Ly!?USISM) ASIU .. MS Charles Rector. Esquire 1104 Fentwood Avenue Suite 203 Cump I till, I'A 17011.6912 Dawn S. Sunday, Esquire Custody Concillulor 39 W. Main Street Mechanicsburg, PA 17055 I'Qilip 11. "1 arc, l: uire - Snalbakcr, Brenneman & Sparc, P.C. 44 W. Multi Street 1'.0. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for I'luintll7', Wllliant'I', Iluwlhorn, Jr, Date. October , 1999 LAW urr,u.EA 8NELUAHLR, uRENNEMAN & BPAIIE ;'. ;. t. UU 1 21i I`)9g .,? f, WILLIAM T. HAWTHORN, JR., Plaintiff vs. MARY ELLEN HAWTHORN, Defendant i IN THE COURT OF COMMON PLEAS OF i CUMBERLAND COUNTY, PENNSYLVANIA i t CIVIL ACTION - LAW t NO. 97-2120 s i t IN CUSTODY ORDER or Caw AND Now, this 19th day of October, 1999, the Conciliator, being advised by Plaintiff's counsel that the motion for a Custody Conciliation Conference is being withdrawn, hereby relinquishes jurisdiction in this case. The Custody Conciliation Conference scheduled for October 20, 1999 is canceled. FOR THE COURT, 1/ NIy .ifs "??ff1 At ?nwn`Sun`daay9 y# Esquire Custody Conciliator ? , i.' +?? WILLIAM'1'. HAWTHORN, JR I IN'1'I11; COt1II1 01: COMMON PITAS OF PLAIN'FR'F I l'I IMIIliltl.ANI) ('UI IN'I'Y, I'I:NNSN'I.VANIA V. I MARY ELLEN HAWTIIORN t 97.2120 CIVIL AC UION LAW DIATNI)ANT t IN CUSI ODY lJBIJ> RMI YJl1BT AND NOW, this _ _23rd day of_ _ Mmy 12000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Down H, Sunrlwyi j%, _, the conciliator, at^ 39 Well Stain Slreel 111 _lerhudedvuryr 1'A _17055 _ on the 3rd _ day of July__ , 2000, at 9:30 An „_._. for a Pre-Hearing Custody ('olllet'ence. AI FUl'il CIIIIICICneC, all l'BUfI 1v'dl be made Irl I'l'Sa1VC the iY! IICe In d1aI1nIC or if this cannot be accomplished, to define and nonow the issues to be heard by the couti, and la enter into u temporary order. All children age five or older may also be present at the conlerence. failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR TI 11; ('011 RT, Ily: _ ni Di(trtn &Smfiday, ae__ Custody Concilialor T Ilse Court of Common Pleas of 011 libel Lund ('aunty is rcyuired by low to comply with the Anlericuos with Disubilites Act of 1990. For inlilnnation about accessible facilities end reasonable accommodations available to disabled individuals having business beiiuc the court, please contact our office. All arrangements must be made at least 72 hours prior to oily hcuning (ir himliess before the Colin. You musl allcud the scheduled conicrcnce or hearing. YOII SIIOl1LO'I'AKIi'I IIIS I'AI'h.k IC) Yl)tilt A"I'll H(Nlil' A'f UN('I' IF YOIi I)O NOT I IAVI'. AN A'I'1'ORNI;Y Olt C'ANNOT' AI•fOlti) D NF, t iO 10 OR 1 ITI.I'IIONI': T I W OFFICE SI 'i' FORTH IJITOW'I0 FIND 0I1'I' WIII'.Itli YOU CAN OF I I HiAl. IIIA P. Cumberland Counly Bur Association 2 Liberty Avenue Curlisie, I'ennsylvuniu 17011 Telephone (717049.1106 ? . r? c 00 MAY 30 PM 1155 CUN.ni,'^JO CUUNIY NtftV4M WII 1.(Ah1 'l IIAW I II()HN, )H , i'lainlilf No 07.2120CIVII.11ilthi lint b??i,??y N "v 1.-H1 MARY 11.LLN IIAW I IIDNN, Defendanl IN TIII ('OUHT 01' CUh1A1UN PI.HAS OF ('t)MIIIiHI.AND ('OtIN'I Y, ITNNSYLVANIA CIVII. AVI ION I AW CUSI11MY t KVI It AND NOW, Ihia day of 2000, upon camaider4lion of the suilched Petition, it It helehy dirccled that the paliiea and (heir respective counsel appear helme Dawn S Sundry, 1'.114111110, Ilia concdialul, YI 11) Weal Alain Stieel, Mecianlcabulg, Pennsylvania, on 11w day III , 2000, al o'clock M fill a III e- Ilost my Cuatody Ctmfelent0 At bush cu11i:rence, all Moll Will Ile Illatie to Ieaolve Ilia illmlles Ill dispute, of it Illla Caliliol be atcompllbhed. Ili define and nallow Ilia IsMaea to be lleald by the (bun, and 111 erltel 111111 it tempnlaly mdet All cluldlen age five of older may also he pieaew at Ilia Voldcielice I'all11le [it appeaf at the torilelelike Illay plovide glotillds Ills entry ofa temporary or pelmsnenl oidet 1,014 '11 IL COUKT, By (bblody Conciliator The Cuult ofColiunon 111041 illI unlberland (burly is required by law to comply with the Anlelican4 with Dibabilili0b Act of Il)'m hit information about accessible facilities and 104/01141110 4eamunudalionl available Ill disablad individuals having business bel'lue Ilia couil, plesae contacl our olllce All YIIYrI?t`II1e1111 mum be made at least 72 hour prior l0 any hearing of buahleaa blifilla Ilia t 11un You 1111111 ailr11d Ilia blhedoled Foillelence III hearing Y011 hill)( 11 D I AKI. MIS PAPI It 10 YI)UH I AW1'1'lt A'I (IN('I. 11 Y'UU DU NOT IIAVI A I AWYI'H (?H ( ANN(I AI'lOIII)UN) , (it) 10 0K 11-11`11I10NI.'I IIF OFFICE SI,I IOK 1111111OW 101'INDUll( WIII'HI'.Y(NICAN (iiiI IL(fAl.IU:I.i' CumhvilYnd ('uunly (lm Abboliamm 21ilmly Avenue ('slbble, Ilennaylv4nia 17011 (117) 2d'7-11116 WILLIAM T IIAWI IIOKN, JI(, Plaintiff v MARY 11.1.IIN IIAWTIIORN, DePendsnt IN'fllii COURI 01- C'OMk1ON I'lVAS OF CUMIJERLAND ('Of IN I Y, PENNSYLVANIA NO 07.2120C'IVII.II:RM CIVIL AVI ION I.AW CUSTOM LIAINTIE 'a]'IfT'1'llONt;GKAI)JUI)ICA'I IUN UV ILIVILLUNTIM1l AND NOW, cornea the Plaintiff, William l Iawthom, )I, by his afaornays, Snelbaker, Brenneman & Spare, 1' C, and flies the within Petition based upon llte (following I. The crslody arranaennent between the partiaa is set forth in the Older ot'Couil dated June 9, 1997, a copy orwhich is atlached hereto as Exhibil "A" and Incotporaled herein by reference. 2 Pursuant 111 the Order of C'ourr, Ialhcr was ?o have physical custody oCtha children, William'I'honoas Iawthorn, III (age 12) and Leah Adrica11na hawthorn (aye N) from Friday. May S, 200010 Sunday, hilly 7, 2001) at 7 to P l)1, AS part or the aheno11u11g weekend schedule enjoyed by Father I Despite file clear language ol'the current Order, Delondant wifltlrlly and knowingly violated the tempt orthe Order by unilaterally changing the custody 1, itcull) siancps in conform with her (Iesires. In blstaul disregard for l'ather's lights 11114 respomibdnies 4 '1 lie parties' daughter, 1 rah, was will) her Fa?he) nn lite weekend in tluas0on punsuanl L>W -I,11B SNLL©Akf N. 1111MMLMAN N ripARL to Ilse Cider- howcvvr, Derendaut m)iiaterally decided fist Iheir sun's soccer game was mane hnponant than file lime he would spend with his Father pursuant to the Order Dolsoldan? willfully still intentionally violated Cite Order by telllsing is allow iba parties, son 11) spend Friday evening and Saturday mooing will) fill Father S On the weekend at issue, father was planning to spend his allotted time with lire children and to have both children attend 1-cah's first Communion, a unique and special event 6. Despite father's verbal direction to Mother and written correspondence f}om father's counsel to Mother's counsel, Mother unilaterally decided to violate the clear terms of the Order WilERGFORF, Petitioner, William T. Ilawthorn, Jr, respeclRdiy requests your Ifononable Couri to hold Defendant-Respondent, Mary Mien Hawthorn, In Contempt olCourl and order appropriate relief to ensure that such action will not occur again. In addition, petitioner requests that Respondent be ordered to pay his reasonable attorney fees incurred in these contempt proceedings brought about by Respondent's conduct. Respectfully Submitted, SNIHIMAKI:R, BRUNN6MAN & SPARF, 1'. C. fly 1'I?p Ii. S are, Iisl InrC 1 44 W, Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Petitioner, Williaut T. Ilawthorn, Jr. Date: May 0, 2000 l?h i"... 1,, II 02- fill [n NAI, l H- il11FIINlMNy 11 bl'tlll. WILLIAM T. HAWTHORN, JR., I Plaintiff 1 Va. MARYE.LLM HAWTHORN, _ Defendant IN THE COURT OF OC(4WV PLEAS OF CUMBERLAND CO MM PENNSYLVANIA No. 97-2120 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY/VISITATION CF1DSR Or COURT AND NOM, this day of?on ..a_ 1997, upon consideration of t e s tac ed Custody Report, it is ordered and directed as followss 1. The Father, William T. Hawthorn, Jr., and the Mother, Mary Ellen Hawthorn, shall have shared legal custody of William Thomas Hawthorn, III, born April 26, 1989, and Lash Adrieanne Hawthorn, horn November 41 1991. 2. The Mother shall have primary p hyelcal custody of the Children. 3. The rather shall have partial physical custody of the Children on alternating weekends from Friday, at a time to be arranged by mutual agreement of the parties, to Sunday at 7030 p.m. The alternating weekend schedule shall begin with the Fattier having custody on Friday, June 6, 1997. 4. The parties shall cooperate with each other in scheduling an additional period of partial custody for the rather ah one week day evening per week as permitted by the Children's activities and the parties' work schedules. 5. Ilia parties shall share or alternate custody of the Children on holidays as follower j a% nd G? T Lr' n •. is L Y C u ,_ S2 a A. Christm>ast ilia Christmas holiday shall be divided into SagmenTX, which shall run from Christmas Eve at 1200 ncx)h until Christmas Day at 12101 noon, and Segment H, which shall run tram Christmas Day at 12100 noon until ihocember 26 at IWO noon. ilia Mother shall have custody of the Children during Segment A in add nuntAred years and during Sequent B In even ntnit,ered years. ilia rather shall have custody of the Children during Segment A in even nunt,ered years and during Segment H in odd nunf,ered years. D. Shared holidayyea?t The parties shall share custody on the To ow ng ho idays, with specific tines to be arranged b agreement of the parties in such a way that each party shell have custody of the Children for a minimmn of 5 1/2 hours on the holidays Fasten Memorial Day, July 4th, Labor Day and Thanksgiving. C. Mother's Day/Fat tier !e ayt 'Phe Mather shall have custody of h:xn1111W A the Children every cxi Mothers arid U'S shll hew custody of the Children ivery'yearyon Fattier'stItsr, with specific times to be arranged by agreement of the parties. D. C?' b rthda sit The parties shall share custody of on his or her birthday ash year u arranged by agreement of the parties in such a way that each party has an opportunity to sperm a reasonable period of time with the Child having the birthday. 6, tTach party stall have custody of tits Children for two weeks (consecutive or nonconsecutive) during the summer school break each year upon providing thirty (30) days advance notice to the other party. txcept an otherwise scheduled so as not agreed iby the nterior* with parties, holiday cuaatody schedule shall be 7, The party receiving custody of the Children shall be responsible to provide trap Wrtation and stall remain in his or her car during the exchange of custody. 8. If either party is going to be late for an exchange of custody, that party shall notify the other party as soon as possible. g. The parties shall be punctual in observing the time set forth in this order for exchanges of custody. 10. The noncustodial party shall be entitled to have telephone contact with the Children one time per day and the custodial party shall make a reasonable effort to ensure that the Children return the noncustodial parent's telephone messages. 11. The Father shall insure that beds are available to the children for overnight periods of custody at his residence. 12. The Mother shall keep the Father advised of the Children's activity schedule (including church activities) and the parties shall communicate with each other concerning scheduling changes. 13. The Mother shall make tits Children available for any counseling sessions scheduled cxr the Children's tahalf try the Fattier at the Father's sole cost. Tite rather shall avoid scheduling counseling aasions during the Children's pre-schedula9 activities. 14. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. T1he parties may modify the provisions of this Order by mutual agreement. In the ok,sence of mutual agreement, tits terms of this order shall control. By T9iE: (A=T, l e t cot Gary J. Charles lmbinm, Rector, Esquire - E quirs ° Counse Cohusel h r nr a for Mather ,fitj':li. '11S.1N I V6rif) that the 11116ni6i111 nlads Ill ills 11o6tloillo 110ilioll wii 11110 and vorlso Undsrlland that (kiss 111161,161111111016111 110 Iliad6 subject Ill the ppl111101 of IA Pit C R W-11011 4904) rslailny to onlwor» f111i(1callon to 1lnholiti6a Willi m-1, umw1horn, Jr pale t?11Y l8, 2000 Iti- I.,cnlM U11E1bM1G,F11 611,two,MGl1 A fiMAl,k CT? lkl??'KWI 01' SLOICU 1. IIIIIHP 11 SPARE, GSQUIRIi, hereby cenily that 1 have on the below data, caused a true and correct espy ortho roteyoiny l'etitlon to ho served upon the person and In the manner Indicated below: FIRAT C LAMS MAIL. P.(2STAUld PKI PAIL), AI)DIW51WU ASfQUUW 3. ('harles Rector, Fuctuire 1104 Pernwoud Avenue Suito 203 Camp Ilill, PA 17011-0912 ? A `16rrc, Ga ire SNPLIJAKI?R, IIRGNMih1AN & SPARK, P. C. 44 W, Mahn Street i' O Ilox 3 IN Mochanic.abmiA, PA 17051 (717)097•1152N Attorneys rm Willism "1' Hawthorn, Jr. 0416: May 113 , ZQtltl lib u„u,< Stat MAO Lit . NRF Lim M CI A bi!Allf ? ? F ? ? ? 1 . ??? 1.? ? ` . I; 4? 1. ifr, Q 1Ji? 4l i i3 6p X ? ??P F SIP WILLIAM T. HAWTHORN, JR., Plaintiff V. MARY I l.1TN IIAWIIIORN, Dcfendant IN'fllli COURT OF COMMON 111, :AS CUMHFKI-AND COUNTY, PENNSYLVANIA NO.97?212m CIVIL] I'RM CIVIL AC I ION • LAW IN C US I ODY J2"Xh1 AN1'SXUH1X AS12 Cf1GlY ERCL D TaTUI TIF _ISPETIHONFOR.C11U Cr NTEA110 AND NOW, cartes the Defendant, Mary F.Ilen I lawihortl, by and through liar anoniey, Charles Rector, Lsqutre, and respectfully represents the following as an Answer and Counterclaim to Plaintiff's Petition for Civil Contempt; Admitted, 2. Admitted. 3, Denied. Paragraph 3 constitutes a series of legal conclusions which require no answer and are deemed denied. By way of farther answer, Plaintiff specifically authorised his son, by telephone, that lie did not have to conform to the Order for the weekend in question Admitted in part and denied in Pun. It is admitted thus tile pallics daugincr, Leah, was Willi her father as scheduled on the weekend in question putsuanl to the Order. It is denied however, that Dcfendanl, at any little, unilaterally decided that her sun's soccer gunne was more important than the little he would spend with his father. II is further denied that Defendant willlldly and intentionally violated the Order of Court by refusing to allow tier son to spend Friday evening Willi I'laintiffand proof thereof, Is demanded. By way of further answer, Plaintiff specillcaily aulhorired his son to stay at home on Friday night and to attend the soccer game. Denied, It is denied that Pluintill's intention included having both children attend Tcah's First Communion and proof thereof is demanded. 6. Denied, Plaintiff, hiller, fails to acknowledge his directive to Ills soil it) not uppear on Friday night as scheduled so as to attend his soccer Value The remaining uverments of Paragraph 6 are denied and pouf thereof is requested. WIII:11VTOR13, Defendant respectfully requests first Your Ikmorabla Court dismiss I'laintill's Petition for Contempt. ILNAICUWW 1,;UUNIL-Atturlayi t" Paragraph I through 6 above are incotimrsted herein and made part thereof as If set forth In full. PlatntiiT's conduct in alleging u contempt violation by Defendant alter providing specifle verbal authority himself to his son that his soil did not have to appear as scheduled riming the hours ill question on the weekend referenced herein constiWtes obdurate and vexatious behavior under the Pennsylvania Judicial Code which conduct gives rise to I'laintifl's reimbursement to Defendant of her legal fees to defend this frivolous matter. WHERrwo n, Defendant respectibily requests that Your I lonorable Court dismiss Plaittdffs Petition fur Contempt and to award Defendant counsel Ices In the amount of $1,000.00, RESPUCIPULLY StJItMI'llFD, Charles Rector, Esquire 1104 Pernwood Avenue, Ste, 203 Camp Ilill, PA 17011.6912 (717) 761.9101 Date; I verify that the statements made herein arc true and correct. I understand that false statements herein are made subject to the penalties of 19 Pa.C.S. Section 4904, rclatiny to unswom falsification to authorities. try 41 en lawthom Date: ' h 1, Charles Kcclor, lisyuire, do hereby certify Ihat on lllck ? __ day olAunc, 2ooo, I caused a true and correct copy of the within Answer and Counterclaim to 1'laitttili's Petition for Civil Contempl to he served upon the following counsel of record by depositing same in first class, United States mail, postage paid, in Camp 1611, Pennsylvania. Philip H. Spare, Esquire Snelbaker, Brenneman & Spare 44 W Main Street Mechanicsburg, PA 17068 Dale: Ify ("MAO") t - Charles Rector, lisyuire 1104 Pemwood Avenue, Ste. 203 Camp Hill, I'A 17011.6912 (717) 761.8101 WILLIAM T. HAWTHORN JR.r i IN THE COURT Or COMMON PLEAS OF Plaintiff i CUMBERLAND COUNTY, PENNSYLVANIA t Va. i No. 97-2120 CIVIL TERM i MARY ELLEN HAWTHORNr i CIVIL ACHON - LAW Defendant i IN CUSTODY CROW Or OOURT MID NOW, day the Y of J;dk ,)r- r 2000r wort _ consideration of the attached custody Conciliation Report, it is ordered and directed as follower Plaintiff'a Petition for Adjudication of Civil Contempt is dismissed. BY THE COURTr car Philip H. sparer Esquire - Counsel for rather ?fi (?•? U v Charles Rector, Esquire - Counsel for Mother t'. r: r _.. . ? ?'. ?, ? WILLIAM T. HAWTHORN JR., Plaintiff va. MARY ELLEN HAWTHORN, Defendant PRIOR JUDMI Kevin A. Ileac IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA s NO. 97-2120 CIVIL TERM i CIVIL ACTION - LAW s IN CUSTODY CUSTODY OCNCILIATICN SUMMARY RETORT IN ACCORDANCE WIT71 CtPUIERLAND OOUtM RULE OF CIVIL PROCEDURE 1915.3-81 the undersigned custody Conciliator submits the following reports 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: DATE OF 1111MI William Thomas hawthorn, III April 26, 1988 Leah Adrieanne Hawthorn November 4, 1991 ClAUU21 LY IN CUSTODY OF Mother Mother 2. A Conciliation conference was held on August 24, 2000, with the following individuals in attendances The Father, William T. Hoffman, Jr., with his counsel, Philip it. Spare, Esquire, and the Mother, Mary Ellen Hawthorn, with her counsel, Charles Hector, require. At the request of both parties and counsel, the Conciliator spoke with the Child, William Thomas hawthorn during the Conference. 3. This Court previously entered an order in this matter on June 9 1997 under which the Mother had primary 1-liyaical custody of the Children and the Father had partial physical custody on alternating weekends from Friday through Sunday. The rather filed this Petition for contempt alleging that the Mother refused to transfer custody to the rather for his regular weekend period of custody beginning on May 5, 2000. 4. ilia Father's position with respect to the custody issue is as follower ilia Father acknowledged that the parties' eon, hilly, had a semi-final soccer match for the state championship on May 6 during the Father's regular weekend period of custody. On the same date, the parties' daughter, Leah, was scheduled to have tier First Communion and the Father believed it was important for Billy to attend the service. Billy asked his rather about playing in the soccer match one week before the game. Although the rather made it clear that he strongly preferred that Billy attend the First Communion rather than the soccer gamma, the Father acknowledged that the game was important to Billy and told Billy that he would not "raise a stink about it" and ruin Leah's First Communion weekend. A couple of days before the weekend, the Father indicated to Billy that the Mother and rather had a strong disagreement over whether Billy should attend the soccer game or the First Communion service. There were also discussions between the parties over the issue and on May 5, the Father's counsel advised the Mother's counsel of the dispute by letter raising the possibility of a Contempt Petition. The Mother's counsel replied that the Mother planned to take the eon to the soccer gains and return him to his sister's reception. As the Mother did take Billy to the soccer game over the Father's objection, the Father believed that a finding of Contempt is warranted. Tthe Father acknowledged that he may have given Billy the impression in the earlier telephone call that he could attend the soccer game even though the Father strongly preferred that he attend the First Communion service, but indicated that it was the Mother's responsibility to make the ultimate decision and she did so over his objection in violation of the Court order. 5. The Mother's position on the custody issue is as followst The Mother believes that a finding of Contempt is not appropriate in this situation as the child contends that the Father told Billy it was okay for him to go to the soccer game even though the Father preferred he attend the First Communion. According to the Mother, the Child attended the practices throughout the week before the game relying upon his ability to play in the aami-final game. The Mother stated that she also preferred that Billy attend the First Communion but that it was very important to Billy to play in the state soccer game and she felt it was appropriate. 6. The parties agreed at the Conference to have the conciliator speak with Billy about his conversation with his Father and the events leading up to the weekend period of custody which is the subject of this Contempt Petition. The parties requested that the Conciliator make a recommendation with respect to the Contempt Petition as a result of that conversation and discussions with the parties so that it would not be necessary to subject the Child to a Bearing on the matter. As a result of the discussion with Billy and subsequently, with the parties, the Conciliator recommends that no finding of contempt be made at this time based upon tlhe specific circumstances of this case. However, the Conciliator discussed with the parties the importance of following the Custody order strictly when there is a disagreement as well as the importance of the parties speaking directly with each other rather than involving the Child. As it became clear at the conference that an underlying concern is the Father's belief that the Children's activities and the limitations of the current custody schedule are preventing him from having sufficient time with the Children, the Conciliator raised issues with respect to increased flexibility to provide additional time as needed by agreement on an ongoing basis or adjusting the schedule to address the Father's concerns. No requests or proposals were made by either party for adjustments to the exising order. 7. Based tq,on the parties' request for a resolution of the contempt issue at the Conciliation Conference without the need for a Hearing thereon, the Conciliator reconmends an order in the form as attached. {?+ F- .? 9 ?G1p y ?1C.u?4-6i?r ?n to -??- pawn s. Sunday, Eaqu re Custody conciliator WILLIAM T. IIAWTIIORN, M. I IN'1'III? C OURTOF COMMON PLEAS OF PLAINI'lli; h CUMBURLANDCOUNTY, PE.NNSYLVANIA t V. t 97-2110 CIVIL ACTION LAW I MARY ELLEN IIAWTl10RN DI:FFNDA T t INCIKIODY I t ORDER OF COUIU AND NOW, Wednesday, March 20,1002 __^, upon consideration of the attached Complaint, it is hereby directed that purtics and their respective counsel appear before Down S. Sunday, Esq. the conciliator, at 39 West Main Sfreef, Mechanlcsbu_r?,I'A_1705_5 _ on Tuesday, April 13,1002 at M30 AM for a 1're-Ilcaring Custody Conference. At such confercnn, an el'fint 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 in furnish any and all existing Protection front Abuse orders, Special Rellef orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. 1,011,1111; COURT, Ily: _ s ___.___Ddsvt_S, Sunday. Elq. Custody Conciliator '17hc Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infonnatiom about accessible luciblics unit rcusonable accommodations available to disabled individuals having business before [lie court, please contact our office. All arrangements trust he made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOIJ SIIOIILI)'I'AKIi'fIIIS I'AI'ISI('I'O YOUI( A'1'1'ORNL)' Al'ON(7E. IF YOU OO NOT HAVE AN ATfORNFY Olt C'ANNO'T' AFF"ORI) ON[:, (IO "10OR] liITHIONE TMs OFFICE SGT FOR771 IIIiLOW TO FIND OUT WIIGI(G YOU CAN (IF: f LI'MA1.110,11. Cumberland County Bur Association 2 I.iberty Avenue Carlisle, I'mmsylvaniu 17013 'T'elephone (717) 249.3166 1 `t ..3 ??/ ?o,:? 7t??ic? .era.-?I ? ??-t?` ?? r ('-_ i ': (.. [::' ? '- ?x_f ?. ?h?. ? g: . i. R"_? _ ':: .d ?;.' iiai L:' ??, ? x:°:: ?,.: Y- ,i-..P ?.¢ fC./. ?: ±- 8. 1? 1? ?9 WILLIAM 'i'. IIA1N 1'IIUItN, Jlt., IN] IIf; COURT OI: COMMON 111.11AS Phtintiff CI1MFlI;RLANI) COUNTY, ITNNSYI.VANIA V. Nu. 97.2120 Civil Tcrm MARY GI.LIiN IIAWTIIORN, Dclcndant ORDER OF COVIU, ANI) NOW, this day of 0 2002, upon consideration of I'lalntifl'a Petition to Modify Custody Order, it is hcrchy directed that file parties and their respective counsel appear belbic , the conciliator, at oft the day of , 2002, at . M., for u Conciliation Conference. At such conference, all chili will be mule to resolve the issues in dispute; or if this cannot he accomplished, to delinc and narrow the issues to he heard by the court, and to enter lulu a temporary order, All children ayc lire or older may also be present of lire conference. Failure to appear at the conference may pmvldc grounds I'or entry of u temporary or Immunenl order. FOR TI11? COmt 1 Illy; C'usttaly Conciliator nalkila Semple Sul!Ir all. 1 4qulle Supirwc foul 1012117 5111 Il,idgc Sued NoH /lunlicl loud, PA 1711111 L717 71?„ d 14 V1 %Vll_I.IAM "1'. IIAW'I IlOl(N, JR., Plaintiff IN TIM COURT OF COMMON Pl-FAS CUMOVIALANU COUNTY,111INNSYLVANIA V. MARY KITN IIAW111ORN, lWivildant No, 97.2120 Civil Term 11"ETITION'10 NJOUIFV CI1N'10DV ORDER I. I'ctitioner is William T. Ilawthorn, Jr. (hcreinaftcr referrer) to as "Pallier"), an individual rcaldiny at 300 Walnut Nirceh Apt. 11-2, Lemoyne, Cumberland County, Pannsylvania, 11041. 2. Respondent is Mary hllcn Ilawthorn (hereinafter referred to as "Mother"), an individual rasidiny at 14011, clchworlh I(oad, ('anlp 11111, Cumbr, land County, l'ennsylvarlia, 17011, i I'vinioncr I% the nanual ialher of the Iwo (2) minor children, namely, Wiliianl'f. I Ia+vlho o, I I I (horn Apri126, 191A) unit l.cuh A. Iluwlhuiis (burn November 4, 1991). 4 1 Ili, ('cult plvc luuoly enlcred an ( biter in Ihia ounivi on June 9, 1997 whcrain the I,nlliCN khale Icaal vuollody, Nltilhct had primary I+hysical vusludy of the children and Father had till till phyuicill cu`u,rly till ulivrnaung wcekcod,l lions Friday Onowith Sunday. A vupy of said Order Ili anached livivir, as f Khibii "A " S. Petitioner bcckb to xpcn l linty wills Ills Lluldlvn all a Icpnlal bclscdule, five Item ronfliel wish 1lclcndanl in ouch OlciluIIng, I11clipile Illcvioubly filed contempt pull Iiunb, Hcepondent hay conbibicnlly and coulimwusly avoided conbuhalion wish 11elllioncr on fbbucb of major oupollancc Ibr the ObldienS liver;. Further. Petitioner ha% made 11 (nipobblblc to have oleaningfill coulaci Wish till' Withen Whllc being nllUrmud of their bvhcduhllg told aC11meN. Iiabcd on the cullcolty btated dcbiresr of file children, Pclliloncr dcblieg it) eblahlsbii a Owed equal pilyblLal c'nblody %t hedulc, Poilionci linher deurea lu be conbuhud and blare in the majoi dccibfon making of the cls ldivo to wipes lie 1% entitled purbuanf its a blared legal eublotly order. 7 DATE: March ?',1002 llarbare Kumpie-Sullivan, l:aquirv !49 pridgo lifrcel Now Cumberland, PA 17070.1911 (717) 774.1443 Wuptemv [bull 11). 32317 Attorney lirr I'lannill' .2- 0 EXHIBIT "Au WILLIAM T. RAWI'1U(N, JR., Plaintiff va. MARYELLEN HAWTHO(N, Defendant IN T11E CC")HT OF 0OK4 N 1' HAS OF CUMHFRI.AND C(A N'PY, ITNNSYLVANIA NO. 97-2120 CIVIL TU M CIVIL AC`rION - LAW IN CUSTODY/VISITATION (SIDER CW O=tT AND NOM, this I upon consideration of tie attac sd ordered and directed as follower day of J-0 , 1991, custody Conc IIation ReporF it is 1. She Father, William T. Hawthorn, Jr., and the Mother, Mary Ellen Hawthorn, shall have shared legal custody of William Thomas Hawthorn, III, born April 26, 1988, and Leah Adrisanne Hawthorn, born Novesber 4, 1991. 2. it,s mother shall have primary physical custody of the Children. 3. The rather shall have partial physical custody of the Children on alternating weekends from Friday, at a time to be arranged by mutual agreement of the parties, to Sunday at 7130 p.m. Its alternating weekend schedule shall begin with the Father having custody on Friday, June 6, 1997. 4. Tire parties shall cooperate with each other in scheduling an additional period of partial custody for the Father on one week day evening per week as permitted by the Children's activities and the parties' work schedules. 5. The parties shall share or alternate custody of the Children on holidays as followst A. Christmesr the Christmas holiday shall be divided into ant , which shall run from Christmas Eve at 12100 noon until Christmas Day at 12roO noon, and SegmenL B, which shall run from Christmas Day at 12100 noon until Docenber 26 at MOO noon. The mother shall have custody of the Children during Segment A in cxki numbered years and during Segment B in even nunbsrad years. The rather shall have custody of the Children during Segment A in even numbered years and durirKl Segment B in odd numbered years. B. Shared holi?dda st the parties shall share custody on the To-MTf,olilays, with specific times to be arranged try agreement of the parties in such a way that each party shall have custody of the children for a minimum of 5 1/2 hours on the holidayt Easter, Mam,orial Day, July 4th, Labor Day and Thanksgiving. C. Mother's Day/Father's lw t !ha mother shall have custody of ti a7ra'RRa?>a?r'? ' . r•°.TsF^x-pe'?'a?fe ' the (_jtildren every yont Litt Mr.,the,r'e Day and the Mather shall have uuetcAly of the, Children every year tra F'ather's Day, with el,etpifir tinwa to be arcanv,Iod by agLeetrtsnt of the parties, It. tai 1dran's bilthij!y1s Yhu tacties shall stare custody of sash M cur ads 4•r her birthday each year as arrartgsd toy agroestsnt of tit* tartiae In such a way that each party has an opportunity to Aland a ressonatils itoriod of tints with that Mild havtrrl tile hilthday. 6. Fauh party 90a11 144YO cuatajy of the Mildren for two weeks (conssautivs or r,tate,11socutlve) durinq ilia airnretr aclxr,l Week each year upon providing thirty f?) Lays advance notice to the rather tarty. Except as otherviss agrowi try the partiem, scxmtsc va:ation cuatcdy shall tw scheduled so as not to interfere with the IvAiday custoly achadule. 7, Ilia patty receivirxl custody of the (7hildre,n shall tie rexponsible to provide tranaixtttatton slid shall ranaln fn life or her tear during the excharv3e of custcxty. h. If either pairty is going to i.a lets for on exavanye of custody, that party shell notify the oth4r party 4m soon as jussible. 9. Stu parties shall bat ieutctuai in ca,servirvl the tine set forth in this order for olichanye,s of cu%"y. 10, Ilia racuaauatudial party shall tw wttitled to have telophonat contact with the Children ate tiuw tar day and the custodial party "ll make a reasonable effort to enaure that the Children return the noncustodial parent's telootono ntsaaagea. 11. Itce father shall insure, that bads ors available to the Children for ovsrutght iwriexls of t.ustudy at kits residence. 12. Ilia Wither shall keep the Father advised of tits (141dron's activity sdisdulee (Incluilirtt) churc=h activities) and the parties stall ccamnvtiaate with a.. it tither c<rac?e,rnitul achedultng eharu3sa. 13. Itte Mother stall noka the cahildroo available for any counsellrul sasaicuis eu'tuxduled cxa the chil.9ran's behalf try, ilia rather at the rather's kale cast. IIa Mathrar ahall avuld aL#anuIulir 3 cowasellrtg sessional during the Childron's pre, s.-h jutrtd acttvttirae. 14. This carder is unterasi putauarat. to an agreratent of the parties at a Custody Ctteualiation OinferenLL011. `Ilia parties say inodity tho provistora of title lrdat by nnittat aclratiment. In tits abssnrat of awctual agrswrwnt, the ternla (;f thin tarcjar ahali (ofitrol. by TIM ( Wil'l', ccl Gary J. Int?l4xn, t.a'lutto - Counaai fop iliac ? 00 y:in.+fiL( 4f e6???, Charles bettor, k.wpirs _. tx.urttaal for/m,thar .(1.t 4.- A f''< I WILLIAM T. HAWrl"(IJ, JR., Plaintiff Va. MARYELLEN RAWPHORN, Defendant COMODY WNCILIATIITI at"Wty REI'CIrr IN A000RDRNCH WI97I Ctiri 0U.AN11 C[X f1'Y WILB OF CIVIL PRO== 1915.3-8, the undersigned Custody Conciliator suNnits the following reports IN 7,11E (Unt7' OP Cr C,UMUNLAND CXAAJ19l, 110. 91-2120 CIVIL TEAM CIVIL AUITAI - LAW 114 CU:1'IU)Y/V191TATIO4 1. The pertinent information concerning the Children who are the subjects of this litigation in as followal NAIIB IIATB (V Him" L"402MY IN q! OAP William Thomas Hawthorn, III April 26, 191W Leah Adrieanne Hawthorn November 4, 1991 Defendant/Mother Defendant/Mother 2. A Conciliation Conference was held of June 3, 19971 with the following individuals in attendance: The Fattier, William T. Hawthorn, Jr,* with his counsel, Gary J. Indblum, Esquire, and Tony lbomas, Low Clerk, and the Mother, Mary Ellen Hawthorn, with tier counsel, Charles Rector, Esquire. 3. The parties agreed to entry of an Order in the (Orin as attached. S r! >! Data? vn . Sunda, squ re custody conciyistor liaib.un Sunq+lc Sulllkuu, I mlime 5iquewc a owl Hill 17 149 nndav SlIBYI idea ( umheiluad. PA 17070 X71? j„7 74- 11? WII.I.IAM'I'.IIAW'IIItMN,)I(, IN'fIli:COURT01'COMMGNPLEAS I'lainuti` CUMIJI'M AND COUNTY, PUNNSYLVANiA N. No. 47.2120 CivIi Term MARY 11-1.-I N IIAWTIIOKN, W*11i1ant VERIFICATION 1. WILLIAM 1'. IIAWT111OHN, JR., hereby certify that the facts set forth in the loregoiny PR'I'ITION TO MODIFY CUSTOM ORDER are true still correct to the best of my knowicdge, information aaui belief. I undvistutul that any false statements made herein are subject to iunaities of IN I'a. CS A. ScLion 4944 reiating to unswom falsification to authorities. Ltut?d ,l3 - , 24x)2`^'.. /_ WHAAAM T. IIAWT11011N, JR. 2- 11:ubaw Sunydc Sulbrm, I hipmv Supicnic l'uW 11112117 549 Midge Succt New r •umbet Inod, PA 1711741 (717)774.1441 WII.I.IAM '1'. IIAWTIRNIN, JR., 1'Inlmlll' IN 1 111;1'OIiR'1' 01; COMMON !'LEAS CtIMR1iR1.AND COUNTY, PENNSYLVANIA v. MARY ELLEN HAWTHORN. Defendant No. 9721211 Civil Tenn CERTIFICATE OF SURVICIC I, BARBARA SUMPLE SULLIVAN. If SQ111RIr, do hereby eertlly 001 ou this dew I served a true and correct copy of the 1114'I'1TION TO AMEND CUSTODY (!BURR, ht the above-cuptioned mullet upon the following hallviduullsl, via tms mill by United Status nrshchms mail, postage prepaid, addressed as hdlowt, C'hmrlrs Rccim, I(squite I IIW I'mmixal Avenuu, Suite 2113 Comp Ilill, PA 171111 Mr Maly l llun Ilawd111111 14111 IvIchwurds Road Cany111111, Pennsylvania, 171111 DATE: March Y , 2(102 ., s Rarbmra Sungtlu-Sulllvsn, IisNulru 149 Rridgu Sum Nuw Cumlurland, PA 111170-1931 11111174-1441 Supreme Coul l 1 1)..12317 Amrituy lur I'lalmili I R n ry i WII I IAM I . IIAW I IIOItN, Jll , I'lainlill v. MARY 1111'N IIAW1111)KN I OVIIdaul IN 1 III: ('011H] Of- COMMON PITAS Of-' ('11Mt11'.I(I ANI) (.'O11N 1 Y, p1iNNSYI.VANIA No. 97.2120 ('ivil "tent ( IVIi. ACI ION • I AW IN CI IS IODY PAUC.IPIL FOR VO MIMI 1112RAWAL Of AULARANCE 10. 1111144011I1)NI)IAI(YDI SAIDCOIII(l New NOhdraW Illy appearanm lilt heholl of the Dclendanl, MARY ITLGN IIAW1I1l)RN, in the above-l?aplionvd action. FlDated Cha or Roclort if (104 I'ernwmul Av it, , Suitc 2UJ C'anip Iliil, PA 17011 I'lcime ontor my appoarium on behalf of the Dclendunt, MARY ITL[.N I IAW fllt)RN. in tho aNwo•captluuod action. N1rtI•? I )atc?) 6an fir (?rlihwri- 2111 Piuc sticcl, 1' O Box 1186 Ilaiiiiibing, VA 171011 (717) 212-1 MS I Ally .1 D. oW48 I do certify that I served a true and correct copy of IJro within Nraee(pe for trury/Wlthdrawal of Appearance upon the following by depositing n copy of isms in the United States mail, postage prepaid, addressed as follows: Barbara Surnple-Sullivan, fist'. 549 Bridgo Street Now Cumberland, PA 17070 Peggy Ifilf, rotary to J. Paul Ilelvy, 11squiro KIIUan & (:ephart, L LP 218 Pino Sweet P. O. Box NN6 Ifarrisburg, l'A 17111M ONM6 (717)232-1M3 I I' Dated: April 15, 2(ft)2 :? ,, ,?_ ?, ,, ',; ?; `--s E i WILLIAM1. IIAW'11101(N, )R., IN 'Illy COURT OF COMMON I'LCAS OI' I'laintill, CCJMIIFI(l-AND c'OIJNI'Y, I't:NNSYI.VANIA ve. 97-2120 CIVIL ACTION LAW MARY ELLEN IiAWTlIORN, Defendant IN CIJSTODY ORIJER OF COUNT AND NOW, this day of , 2002, upon consideration of the attached Custody Conciliation Reporl, it is rh tl ed and directed as follows: 1. The prior Order of' (his Court dated June 9, 1997 is vacated and replaced with title Order, 2. 'I he parties shall participate in it course al' joint co parenting counseling with a professional at Guidance Associulcs or other pntfessional selected by agreement. The purpose of the counseling shall be to assist the patties in improving conmmunicalion and cooperation to enable them to effectively co-parent their Children. 'I he parties shall attend a minimum of 0 sessions as long as tile unrchilburscil cost of each session does not exceed $50.00. 'I he parties shall cooperate in applying all insurance coverage to the costs of counseling and any mucitubursed costs shall be equally shared between the parties. ]. 'I he Father, William 'I - I luwthorn, Jr., and the Molhcr, Mary Ullcn Ilawlhonu, shall have shared legal custody of William T. Iluwthorn, III, horn April 20, 1988, and Leah A. Iluwthorn, born November 4, 1991. The parties agree that major decisions concerning their Children, including, but not necessarily limited lo, the Children's hcullh, welfare, education, religious training and upbringing shall lie etude by them jointly, atlcr discussion and consultation with each other, with a view loward obtaining and following .u harmonious policy in the Children's hest Inletest. Hach putty agrees not Io impair the other party's tights to shared legal custody of the C hildrew Each puny agrees not to attempt to alienate the affections of the Children from the other putty. Fach party shall notify the other of ally 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 Ilse parent then having physical custody. Will regurd to ally emergency decisions, which emus be made, the parent having physical custody of the Children at the time of the ancrgency shall be pcrmiucd to make any immediate decisions nccessltaled 111etehy, However, that patent shall infirm the other of the emergency and consult with him or her as soon as I,ossibhe. Each panty shall be entitled to complete and flrll information from ally doctor, dentist, leacher, professional or authority and to have copies of any reports given to either party as it parent, 'I he parties shall consult with each other before committing the Children to activities or events which will take place during the other party's periods of custody, The parties shall notify each other in advance of any medical/dental appointments scheduled for the Children. li lii tn.,i:. ;tii?l j, ?, .:,i 4. 'flee parties shall have physical custody of the Children in acundar)ce Willi tile 161lowullif schedule; A. S0110OL VEAR: Danny file s(iool year, the Mother shall have primuty physical custody of the Children. 'I he father shall have partial cusludy or) alternating weekends Mont inlay between 5:30 Bull 0:00 P.nl, through Monday Inurning,'A hcr) the I alhet shall take the Children to school. In addition, file father Shull have custody every 1ucsduy ahuhlg the owning beginning between 5 10 and 0 011 p ill wall such lime as ugteed between file parties B. SUMAILH SCHOOL 11REAK: During the bloomer ?choul hicak cut 11 year, the iarires shall share having cusludy on all alternating weekly (agsls %1111 the ea(bilnge 11) lake plarc on Monday between 5:30 and 0,00 p nl. %hcr) the Pallier is reccfvnrg (usiody gild on Monday al 8:00 a.m. when the Mother is Icceiving custody. When the father Is wwking tin days dodos his custodial weeks, the father shall drop oil the Children at the Mothcl's Ichiliclice #1 If fit) g.nt. gild pick up file Children between 5 .10 and (I Oil p or Doling the MurhWil custodial weeks of custody (unless the Mother and file Children arc u%ay tin bac46011), the father shall have custody of the ('hlldrer I on 'I ucliday evenings frmn S (111 p m II IfoUgln 4 31111 o l, It it Willi 11 the father shall provide bur)sporlatiun In 2002, the alternating weekly summer custody schedule shall begin with the father having custody on Monday, July K. In 200.) only prior to comincocemcnl of the alternating weekly schedule, the father shall hove custody ill' Hill from June 24 between 5 10 and 6 (a) p n1. through Jule 28 at WOO a ml. unit shall IIBVe custody of Leah from June 28 in the evening through July i ill 8:00 it nn. In future years, beginning to 2003, file alternating weekly Wic'11r)le shall begin on the lirsl Monday following the end of the school year Willi the pauenf who dues not have custody of the ('hildien on the preccding weekend. 5. The parties shall share or alternate having custody of the ('1111dIC11 or) holidays as IhlioWS: A. CIIItiS•1•A1AS; 'I he Cluistntas holiday shall he divided into Segment A, which shall run front Christmas live at 12,00 noun until Chlisbwrs Day at 12 00 noun, and Scgulenf 11, which shall run front ('hristnros Day at 12.00 noun until December 26 at 12 00 noun the Mother shall have custody of the Children during Segment A io add numbered years mod duing Scgnlcml 11 in ever) rmmhercd years, 'I he I Other shall have cuslndy of tine Children (Julius Segment A fn even numbered years and dwios Segment If in 1)(111 Illlmbl'led ycros H. ALTEKNATIN(iJjQ1,1111AYS' rile parties shall uhenlalc having custody of the Children on Faster, Memorial Day, July 4', Labor Day and Thanksgiving. Ilse holiday periods of custody under this ptuvision 16111111 rut from 6:00 p m. on the day before 'he holiday thlough tile holiday at 7:00 1) Ili. 'I he alternating schedule shall begin Willa the I alhcl having custody of the Children for July 4a' In 2002. C. MOTHER'S PAl'LEA7.11E11'S M: 'I lie Mother shall have custody of the Children every year Im Mothcr's Day and the father shall have custody of the Children every year on Fulircr's Day, Willi spccilIC tinges to be arranged by agreemenl of the parties. 1! `W1 ilfN:N`MM,UVAVh I he lidntca ?hull ?hate ruatlxiy Id CALK (held till Ill* fir Iter birthday uuwh yc41 I$& atlalimVd by ayltsauicui of [lit; panhch Ut but Il a aAay [hat each patty flaw 411 opportunuy Iii ?peod 4 IcakiulidhIV IlcI iutl of Uuiu Aith diw t'h11d to 111# 1fig birthday u It Vahan patty 14 f,ouid to Ili! Ia[e till Lilt cuh+ulp of curlody, 11141 panty OWN Wilily the ofhstr p4uy all wools a% pomollilu I hu liAllicv ehall he pwit.wAl Ili olltiutiup the Iunea sui filth In fhir Otdat lilt 940141110106 tit toblody M I IIg IIUtI It it?tultIAI lid Ivii I .lull hu vi it IItell Iii have Iclcphnne IofIf"I %I Ill file ('111 dsurl 1 111110 pet day rill Ilie kuwuahal palvill 01411 make n Itamluahle vitiill ill abusing that file Onldleit lelulli Ifiu tiiiu IU61 0411411 li4f clfl'il Ic IVI111iiM 111>elill4lft:a 9 In the gYVfil cnliel 11411), IWO1,11t to IWIIjkt; the l'hUdteu front hill tit lict r@?idelue fur all ovcrluplll lteniid of liinjuf, dial l+dlunll eball nlddy Ihg other 1141erll In ddvatite of the addlom and Icluplimlo ouulbet %lieIg di4l'hildlfu cart lie tunldt felt 10 flint illdvi Ili culelcd pill budid Ill all a#r{tuillenl Ill` the 11411106 at a ClAbIllidy Collk:1114tiun t o"Iclowr. 'I he pall Igo may IIwill Iy Iha fillI clonr tit filly Ordel by Inulual cnnecul la the allsonw4 of uuuital collhotni, the ICIIIII Lit Ihla older Jiall would 11y'1111,f'Otjk1, Kevin , 110ee, ). Cc, ""final sumplo'sIulliviiIt, t1squirs - coun"I for Nattier 1 11041 tlelvy, tusqulrlr !"yf3w"I Af IY Wbor Ctr4#4 r ' 41'11 I IANI 1 IIAW III(11tN, JIt I'Iamlill \i MAIN 11 1 I:N IIAW'111014N, Defendant PRIOR AIDGE Kevin A lids IN I III: ( 4)l1I4 1 1 (MINION III VAS 01' VI INIIIVIt I AND t'(I IN 14', I'I;.NNSNTVANIA Y7-2120 CIVII. AC I I0N I-AW IN CUSIUUY (IUSTJI )Y LONt' LIM ION NUAIMARY KLEJ)R7' IN ACCORDANCE 41'1711 CUNIIIIEHI,AND COUNTY HULIt QN CIVIL PHM`FDURE 1')11 IN, Ilse loldelilanQd ( Ililudy ('oil%IIollol illlillllti 1110 following tepoW 1. the pelUlleln ollolmatlon c.1nlelnUla the ('lilldien who are the iuhi0c111 of (his liliyatitilt is ai IoIItiw'i'. 1IIA7 E O IIIH771 cuRIALIN-1 LY In lIA1;L)1)Y t>' ' William 1, Ilawt11titn, III Apiil26, 19118 Molticr I cab A Hawthorn Novelnbcl d, 1')')I Molhcr 2. A Conciliation Conlciumc wai held tilt little IN, 2002, with the following individuals in anendance 7110 ? ilhel, William 'I llawthurn, Jr, Willi his iIouniel, 1)alllara Sulnpledsullivall, Gsyuire, and the Mother, Maly (!Ilea Iluwilloill, Willi her rouniel, J Pool Ilelvy, hs/luua. 11 t flat Iiea aateell it) catty )hall 0I der to 1110 lot Ill as altacllvil. Jt Jr , t l t' Uaty r Dawn N. Sunday, laaqulre Custody Conciliator Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 WILLIAM T. HAWTHORN, JR., Plaintiff V. MARY ELLEN HAWTHORN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 97-2120 CIVIL TERM IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDER 1. Petitioner is Plaintiff, William T. Hawthorn, Jr., an individual residing at 604 Fourth Street, New Cumberland, Cumberland County, Pennsylvania 17070. 2. Respondent is Defendant, Mary Ellen Hawthorn, an individual residing at 1401 Letchworth Road, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Petitioner seeks to amend his current award of shared legal and gain primary custody of the following child: NAME ADDRESS DOB Leah A. Hawthorn 1401 Letchworth Road 11/4/1991 Camp Hill, PA 17011 The child is currently in the physical custody of Mother. Mother resides at the address referenced above. During the last five years, the child has resided with the following persons and at the following addresses: PERSONS ADDRESSES DATES Mother, William T. Hawthorn, III. (sibling) and child Mother and child 1401 Letchworth Road Camp Hill, PA 17011 1401 Letchworth Road Camp Hill, PA 17011 2003-9/2006 9/2006 to Present The Mother of the child is Mary Ellen Hawthorn, currently residing at 1401 Letchworth Road, Camp Hill, Cumberland County, Pennsylvania 1701 L The Father of the child is William T. Hawthorn, Jr., currently residing at 604 Fourth Street, New Cumberland, Cumberland County, Pennsylvania 17070. The parties are currently divorced from each other. 4. The relationship of the Petitioner to the child is that of Father. The Petitioner currently resides by himself. 5. The relationship of the Respondent to the child is that of Mother. The Respondent currently resides with the child. 6. Petitioner and Respondent had previously participated in a custody proceeding in this Court. A copy of the Custody Order dated July 1, 2002, is attached hereto as Exhibit "A" and 2 WILLIAM1. 11AWTHORN. JR.. : IN 'llid? ( OURT ()F COMMON 111TAS 01; Plaintiff : Ct)MIll:iRI.ANI) (*OI)N"I'Y,1'1?NNSYLVANiA vs. 97-2120 CIVIL ACTION LAW MANY IiI-I.FN 11AV111011N, Defendant IN CUSTODY ORUER OF { QUI41 AND NOW, thle., .. day of , 2002, upon - IL consideration of the attached Custodyottriiialiurt Report, it is r6 dha! and ditoetal as lbllowr 1. The prior Order of this Court datctd June s), 1997 is vacated and replaced with this Order. 2. The panics shall participate in a course of joint co-parenling counseling with a professional at Guidance Associates tit other professional selected by akreentcni. The purpose of the counseling shall be to assist the panics in improving cominunicalion and cooperation to enable them to effectively co-parent their ('hildren. The panics shall attend a minimum of G sessions as long as the unreimbursed cost of each scisiun dues not exceed S500). The parties shall cooperate in applying all insurance coverage to the costs of counseling and any mtreimbursed costs shall be equally shared between the panics. 3. The Father, William T. Hawthorn, Jr., and the Mother, Mary I-Ilen liawthont, shall have shared legal cuslody of William T. Ilawtlu?m, Ill, lions April 26, 1988, and Leah A. Hawthorn, born November A, 1991. The parties agree that major decisions concenting their Children, including, but not necessarily limilcd to, ilia Children's health, welfare, education, religious training atut upbringing shall be made by them jointly, alley discussion unit consultation with each other, with a view toward obtaining Bind li?llowing .n hWilttnious policy in the Children's best ittlerest. Each party agrees not to impair the other party's tights lit shared legal custody of the Children. Each puny agrees » ut to attempt to alienate the affections of the ('hildren from ilia other party. Each lrurty shall notify the othcr of arty activity or circumstance concerning their Children toll could teasonably he expected to lie of concern to the other, nay tit day decisions Shull he lIle icspo»tiihilnly of Ilia parent then having physical custody. With regard to any c»nergency decisions, which must be made, the parent having physical custody of the Children at the little of the emergency shall he petrniltc l to make any imutediale decisions necessitated lhcteby. However, that patent shall inform lite other of lite emergency and consull with him or her as soon as possible. Each patty shall be entitled to complele mid hell information front any doctor, dentist, leacher, pttilessional or authority aril to have copies of any repotle given to either party as a parent. The parties shall consult will) each other before committing the Children to activities or events which will take place during the other patty's periods of custody. The parties shall notify each other In advance of any medical/dental appointments scheduled for the Childre». 4. The parties shall have physical cuslotly of the Childteu in accold111tce with the fi?iluwing schedule: A. 5C1_ Q211. IBM: During tilt: school year, the Mother shall have primary phyaival custody of the Children. The Father shall have partial cuslotly oil allentaling weekends Ilunl Friday helwecn 3:30 and h:(N1 p.nl. thr11ugh Mtnldmy nairnhlg, when 1119 Father 6111111 Imko Cite Children to school. lit addition, ilia rather shall have custody every I uesilay during the evening beginning (+ctwec?n 3 to 011416-0011 nt. Will such time of aKtcc?I hclw MI the pa?Ilr; I)• ALIAIRms g-111101, uftm: !lilting ilia bummer ?chtttd 11mak each year, ilia patlics shall stare Ilaving Cuslody on an alternating weekly basis with the exchange to take place till Monday between 3:111 11114 (j:01) p.111. whet) ilia Pallier is ?accivulg E'ust?Hly 111111 till molulAy fit SAX) a.nl. when the Mother it receiving custody. When lhr 1-alhcl is winking on days thuing Ilia custodial weeks., late I ather shall drop off Ilia Children at the Moilm's icsidrnce at B NO A-111. acid pick up the Children between 1:10 and 601 p in, 01111118 the Mother's cusloifial weeks of custody (unicks ilia Mother and the Children are away im vevnihiti), (lie Pallier shell have custody of the Children ou 'I uesday CM 111181 fluid 101) p Ill Iltlough 9.3111) nt , lilt wl?ii:h the Father shall ptcivide Iransiionation. In 2(X)2, ilia alternating weekly summer custody schedule 1111111 begin with 1110 1`81110 having custody ot% Monday, July K. ht 21N)2 only prior to conuncnccnlenl of the alternating weekly schedule, trio lather shall have custody of Hill front Juuo 24 between 310 witl 6.00 it tn. through June 28 at 11:00 a.m. and shall have custody of I call front June 20 iu ilia everting through July 1 at Woo a nt. In future years, beginning in MA, Ilia alletrtmtiftg weekly lichelfule shall begin tin the first Monday folittwini; Ilia crud af'the School year with the parent w1w dims not have custody of the Childien on ilia preceding wceken11. S. '1110 parlies shall slune or uhctnalC havitlg custody of the Children on holidays as. fi?tlows: A. (11NI&I'MAS: 'I he Christmas holiday shall he divided into Sultmem A. which shall tuts front Christmas Pvc at 12:00 noon tintil Chrislnlal Day at 12.00 upon, and Scgnivill 11, which shall tun front C'Inimmus Day at 12.011 iaanl until Occcml?ct 26 at 12 00 ntttnl. The Mother shall have custody of ilia Childicn during Segment A in odd nutuherctl years mill during segluellf 11 in even nunlhcictf years. 'Ilia Father shall have cuxlmly of the Childivn during Segment A In even nundwred yeah and during Segmcut It in 111111 u?1n1hc1et) Yeats B. ALTERNA'I'111(:110141)AYS' 'I lie parties shall allenilale having cuslody of ilia Children on Laster, Memorial Day, July 4"', I.41?1ir Day Anil Thanksgiving. (110 holiday Imiods ill' custody urulcr this provision shall tun film 6:1X0 p.m. on ilia day belinr 'he holiday through the holiday at 70) p.m. 1 lie altemating schedule shall begin with lire Fathct having custody of the Children for July 4'" in 2(H)2. C. A1Q'1'1IF Rl§ 1)AYLNA'1'11g1t-1 11AY: 'I lie Mother stall have custody of rte C'hildrert every year on Mother's pay and 1119 Father shall have custody of the Children every year on Father's. Day, Willi siveilic times to be arlmnKed by agreentent (if the parlies. 1) l j '?R yj1141h t ila panlcr 614011 fbhrle cubwoily 4#1 viii II ( luId oil hlr fir but hirthday w h yartr 1111 aftaei jiuil by 111th allrlul 401 till; 11a111e11 Iii sui ll is way that Oach pwly hate all uI11K,flulilly to 6114aw a f4N11i1fu6blo tiu1it A uiItolo with 1110 t hild limillij Ow 14111u111y b if cilliat {duty 1s vuil?d til li4! 1iit4 fill 1111 r4Lloulso 411446114?41y, that dally sllaii I1411if'y 1h,41+1114=1- 111111y 06 04mm 116 juiNlhlu 4 urtildy I lid 11111111:6 611011 bo punk lual 111 1,146w%In# 11141 111111/11 644 1111111 IN Ohio thd61 for 4'Udliulps Of M I hr 1140114 a?ludlal paviit 11hall I;a willtlad t,?11av9 14:19111u,rl r 4114111161 with 1110 ('1111411911 1111110 (11%1 di?y luul ilia 4ualintlal Ill"vil 6hi1i1 114111u a it out i?ihla 4Sffutl 141 visum that 1116 t'h41dr61i m ant this 0011 LU1140411141 patail'o kla11holic melk11itict 9 hi 0110 r-mil viditt prlly liiivoijo 14, ivilatty 1!441 Childial fusal hla us hrr rasidaw0 fur mi 41VU 14111 1161-1441 i1/ limpf, dim paltl?) ?h;411 11411ily 1110 Miff pior{ful ill ildvows 111 th6 wldirm agfl 19lal,1111IN 11U11II301 4111940 !1111(111111014.000 tAt 41111141W 10 11110 1.lldot 16 villet ell pulbuiuit ill WI 60tvallwit of 1110 11w1100 ill N ('ulllidy Culwillrtlut+ ( `urllelawa. I hg pailil%1 may tlludif y Ih6111-4avuI4?ns 4?11111• (.fr416r h? tlttlt11111 1?N11iI9nt Iii the abmwo of mutual vi?lisol11, llte tellm of this "dot shall rutlltiil HV IIII, (10111(10 1 Pal 11sivy, * .. eti , W Aw Meow. C4f444 .RF#w?iln(.[J?p•l •0• WIIHAM 1 IIAWIII()KN,JK, 1'1811/1111 lE MA11Y I'.I I+N IiAW' HORN, i)oi'elulallt PNII)K J!1[1liM: Kevin A 116a?m IN IIII! ('t)11141 {)I. COMMON III VAS 01" VOM11144I.ANI)1'1411N'l V. PENNSYLVANIA Y7-1120 VIVII• At''l"K)N I-AW IN c'11K"dc.)I)Y CUT( = C )N '11.141! IN ti 1A1blA11Y I KtUBT IN ACCORDANCE WI-111 C1Milt' .Nd.AND CCIVNTV RVMC (IF (.1VII, PROCEDURE 1913 1 $, the undl'lriutlc?l l'ufilmly t'uncllralor iullnlili tiro rulh?willy ?61u?a1: I. I he prltlnrrll rulura?alwll vole mills 111C 0111drell %I?t) arc' 11w Subjects of this hliplioll is ar k?Iluv w CUPARKNUS IN Cllkl 1 )Y 1.x MIGalra 1.11?lwtlu,rtl, III April 26, 1'AA I vah A. Nawilumi Nuvemhct 4.1991 Mosher Mulhcl 2. A Conciliation Co ?leremo we% held ull June 18, 21MI, with ltlc 0111awillit ilulividual; in allcodmi e: 'Ilia Father, William T. Ilawthoirl. Jr., Willi hire cnunaol. Ii11rboo bun?plo-Sullivan. 1*uite,1111411116 Mudlcr, Mary I'Ilcn Nawillurn, with hor rourael, J. Paul Ilelvy, Faquha. J. 'rills putive agind to cully f?1' an lhdcr in the limlt as altachwl. )ate ' _ Nwtt Il. Thin day. 04414 ra _.?__......... Custody Cuncidialor Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 WILLIAM T. HAWTHORN, JR., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 97-2120 CIVIL TERM MARY ELLEN HAWTHORN, IN CUSTODY Defendant VERIFICATION I, WILLIAM T. HAWTHORN, JR., hereby certify that the facts set forth in the foregoing PETITION FOR MODIFICATION OF CUSTODY ORDER are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: November 13, 2008 WILLIAM T. HAWTHORN, JR. Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 WILLIAM T. HAWTHORN, JR., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. MARY ELLEN HAWTHORN, Defendant No. 97-2120 CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the PETITION FOR MODIFICATION OF CUSTODY ORDER, in the above- captioned matter upon the following individual, by United States first-class mail, postage prepaid, addressed as follows: J. Paul Helvy, Esquire McNees Wallace & Nurick, LLC P.O. Box 1166 100 Pine Street Harrisburg, PA 17108-1166 DATE: November 17, 2008 Ms. Mary Ellen Hawthorn 1401 Letchworth Road Camp Hill, PA 17011 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Attorney for Petitioner r a ? l ?C ..r t 1 te VIFA O- Y Cam- P4 "" V l - Z7 C IN WILLIAM T. HAWTHORN, JR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 1997-2120 CIVIL ACTION LAW MARY ELLEN HAWTHORN IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, November 21, 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, December 18, 2008 at 10:30 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. Sunday, Esq.,,ij 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 4n?- to DEC 2 $ 8008 WILLIAM T. HAWTHORN, JR. Plaintiff vs. MARY ELLEN HAWTHORN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 1997-2120 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this day of 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is sch du led in Courtroom No. 4, o the Cumberland County Courthouse on The !0-m day of a P. , ?Arich time testimony will betaken. For purposes of the hearing, the Father, William T. Hawthorn, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least 5 days before the hearing date. 2. The parties shall select a counselor to provide the Child with an opportunity for input as to her preferences with regard to the Father's request for primary custody and to address any identified issues between the Child and the Mother. 3. Counsel for either party may contact the conciliator, following the involvement of the counselor, to schedule a follow-up conference if both parties agree it would be useful in resolving the custody issues without the necessity of proceeding to the hearing scheduled in this Order. BY THE COURT, cc: rbara Sumple-Sullivan, Esquire - Counsel ?isten R. Reinhold, Esquire - Counsel for N 2,9 y?r, . WILLIAM T. HAWTHORN, JR. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 1997-2120 CIVIL ACTION LAW MARY ELLEN HAWTHORN Defendant 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 Leah A. Hawthorn November 4, 1991 Mother/Father 2. A custody conciliation conference was held on December 18, 2008, with the following individuals in attendance: the Father, William T. Hawthorn, Jr., with his counsel, Barbara Sumple- Sullivan, Esquire and the Mother, Mary Ellen Hawthorn, with her counsel, Kristen R. Reinhold, Esquire. 3. The parties are currently sharing custody of the Child on an alternating weekly basis. The Father filed this Petition for Modification seeking primary physical custody of the Child. 4. The parties agreed at the conference to obtain the services of a counselor to address the Child's stated preference to live with her Father without the necessity of proceeding to a hearing on the matter. However, as the Child is seventeen years of age with only one and a half years of high school remaining before graduation, the Father requested that a hearing date be scheduled to ensure resolution in a timely manner. 5. The Father's position on custody is as follows: The Father indicated that the Child has been expressing a preference to reside in his primary care for a long period of time. He feels that the Child is old enough and mature enough to make such a decision and that it should be honored. The Father shares the Mother's concerns regarding the Child's boyfriend and is willing to coordinate a plan with the Mother to handle the situation. The Father seeks to have the Child reside primarily in his residence. 6. The Mother's position on custody is as follows: The Mother believes that the Child's preference to live with the Father arose recently after the Mother prohibited contact between the Child and the boyfriend. The Mother indicated that the boyfriend lives only two blocks from the Father and that proximity is the basis for the Child's desire to live there. The Mother does not believe that the Father has been or will be as vigilant as the Mother in preventing contact with the boyfriend. The Mother opposes the Father's request for primary custody as she feels it is not in the Child's best interests. 7. The conciliator recommends an Order in the form as attached scheduling a hearing in this matter for resolution of the Father's petition in the event that involvement of the counselor is not sufficient to resolve the issues. It is anticipated that the hearing will require up to one-half day. Date Dawn S. Sunday, Esquire Custody Conciliator WILLIAM T. HAWTHORN, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. MARY ELLEN HAWTHORN, Defendant CIVIL ACTION - LAW NO. 97-2120 CIVIL IN CUSTODY ORDER AND NOW, this 1Z' day of February, 2009, after hearing, the Court being satisfied that the proposed modification of the current custody arrangement would seriously and irreparably harm the relationship between mother and daughter, the request of the plaintiff for modification is DENIED and it is directed that the parties continue the week on/week off custody arrangement with respect to the child, Leah A. Hawthorn, born November 4, 1991. Exchanges of custody to occur on Sunday evenings. BY THE COURT, bara Sumple-Sullivan, Esquire For the Plaintiff Kristin R. Reinhold, Esquire For the Defendant Am 6? - -i? L- lllj C? ?