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Home My WebLink About97-03368 . ~ .. ~ ~ cr ~ ~ ( ... ~ < It f .A< '. '.,~~I 'i':;il .'~\4 ~'7f~ J;j, "~ ;; '~ :.~ .~ ~ 'J~ I .~~ ;~ ".~ ~~}~ W '~ '" ;~)I ., '> . :) ,,;~ -"', t~ ~ ;~ .~ f.~ ....~ ;;:~ Z;~ '!";J! ~ .. ~':;~'! (~ ,;I: .,~ ':ji '::b :;1 .... ~ . -, ,~ 'j; '(1 "1 ~..' ~~ U)~ .};:: ,. co E 6: c.:. "" I-' :.:Joef" CI - 11.1.. - c; :~.! c..]c- .~ ...... ~~;" c_, .::: ;-~: ::1 l.t_r.: 0('-' '.0 ~<(/) fiH~ '-1% . -J#' _It. CL 0"_ I,;:U G:: -, LLI ~.: j (1.. f- er. 0'0 I.l_ co :J 0 0' U 'I I: " II I MA TIIIEW S, MANNING. IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA PIRinlifT V5 CIVIL ACTION - LAW NUMBER: 97 - 3368 CIVIL TERM CARRIE ANN MANNING. IN CUSTODY DefendRnl " II WAIVER OF NOTICE OF INTENTION TO REQUEST ! I ENTRY OF A DIVORCE DECREE UNDER Seclion 330l(c) OF TilE DIVORCE CODE I II I, I consent to the entry of a final decree of divorce without notice, 2, I understand that I may lose rights concerning alimony, division ofpropeny, lawyer's fees, or expenses if I do not claim them before a divorce is granted, I , I !I II ij 11 II !I I I i Date: ~ ~qj .;f ;f ~ y I ' , I I I I " . 3, I understand that I will not be divorced until a divorce decree is entered by the Coun and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary, I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of I g Pa, C.S, section 4904 relating to unsworn falsification to authorities, I; II II il II II I, I I, Ii II !I ~1) ~ ..... co f': i:.r; C"". "'. 1- ~Jr' (J l~j;/~ UJ.; ( )..,~ .~ p..:\ .(:: .":::j '!.r 'J)(' .~- \0 . tfJ ,,\ W;:- 1/ . ;;.::: :":"-!L! C- ~, ; I 1J I...., u.J "J'J.... [", Vl II, CO :':"l U c.;' (J MATTHEW S. MANNING Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO: q7 - .3J{j> (l{~ CARRIE ANN MANNING, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT REGARDING COUNSELING 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. .. 3. Being so advised, I do not require that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A Section 4904 relating to unsworn falsification to authorities. Dated: fil'~Jco 11t~~ J. ~1vf'~J MATTHEW S. MANNIJiG ~C\' ~ -- .1 l -- i r, -~ I -- . t.: -- , I , , r,J I ( - - , f' ( \-.. ( I . t.-- ~ , {, , ,- , I , ',l (~ U t.- O ~ '" Q ~ d z S <( " ~ ~ .J z :lti~ .. III .. ;J iii 1,1, D: !l :jln ~ It a. 1&1 Z o ~ 8 ffi ~ :l ii1 It. :5 III ID ci <(~z II:"::S <( a: lD 11I II: III <( ~ lD a ~ z . . , MATIHEW S, MANNING, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO: 97-3368 CARRIE ANN MANNING, Defendant CIVIL ACTION - LAW CERTlFICA TE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certifY that on this date, I served a true and correct copy of the foregoing Plaintiffs Praecipe to Withdraw Claim for Equitable Distribution, in the above-captioned matter upon the following individual by first -:Iass mail, postage prepaid, addressed as follows: Sally 1. Winder, Esquire 701 E, King Street Shippensburg, PA 17257 DATED: 10/7 /f f I arbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 Supreme Court I.D, No, 32317 Attorney for Plaintiff MATTHEW S, MANNING, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO, 97-3368 Civil CARRIE ANN MANNING, Defendant CIVIL ACTION - LAW : IN DIVORCE AFFIDA VIT OF CONSENT 1. A Complaint in Divorce under Section 330l(c) of the Divorce Code was filed on June 23, 1997, 2, The marriage of the Plaintiff and Defendant is irretrievably broken, Ninety days have elapsed since the filing and service of the Complaint, 3, I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree, , 4, I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted, 5, I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa, C,SA Section 4904 relating to unsworn falsification to authorities, DATE: q /Yt ~r{ I . '/~~ 111(. , MATIHEW S. MAN~ o.,i\ ;r.VI .' >- to ,-- ~~. -' , .:.:- ~ , , , ,.... -c. 0 0' " 0 () , .. \ , , ..-" l. , .. " -' ~o; ~ . MA TIHEW S, MANNING PLAINTIFF IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, I'ENNSYLV ANIA v, 97-3368 CIVIL ACTION LAW CARRIE ANN MANNING DEFENDANT IN CUSTODY ORnER OF COllin AND NOW. Monday, November 19. 2001 . upon consideration of thc attachcd Complaint, it is hcrcby dirccted that partics and thcir rcspcctive counscl appcar bcfore Huberl X, Gilroy. Esq, at 41h Floor. Cumberland County Courthouse, Carlisle on Thursda\'. Decen,ber 13, 2001 . thc conciliator. at 9:30 AM for a Prc-Hearing Custody Confcrcncc, At such confcrcnce. an effort will bc made to rcsolvc the issucs in disputc; or if this cannot be accomplishcd. to dcfinc and narrow thc issues to bc heard hy thc court. and to cntcr into a tcmpornry ordcr, All childrcn agc five or oldcr may also bc prcsent at the confcrcncc, Failurc to appcar at thc confcrcncc may providc grounds for cntry of a tcmpornry or pcmlancnt order, The court hcrcby dlrccls Ihe parties 10 furnish any and all existing Protcclion from Abuse ptdc{S; -l": Special Relief orders, and Cuslody ordcrs 10 Ihe concilialor 48 hours prior 10 schedulcd hearln~;' ' , " FOR THE COURT. .-) " By: Isl Hilbert X, Gilroy, Esqfjt^ Custody Conciliator / .- , . - ) - .. .. ; 'n /' -< cJ' -, Thc Courl of Common PIcas of Cumbcrland County is requircd by law to comply with thc Amcricans with DisabiIitcs Act of 1990, For infomlation about accessible facilitics and rcasonablc accommodations available to disabled individuals having busincss heforc thc court, pi case contact our officc, All arrangcmcnts must bc madc at Icast 72 hours prior to any hcaring or busincss bclorc thc court, You must attcnd thc schcdulcd confcrcncc or hcaring, YOU SHOULD TAKE TIllS PAPER TO YOUR ATroRNEY AT ONCE, IF YOU DO NOT HA VE AN A HORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIlE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Cumherland County nar Association 2 l.ihcrty A vcnue Carlisle, Pennsylvania 17013 Tclephone (717) 249-3166 MAlTHEW S. MANNING. Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V5. : CIVIL ACTION- LAW CARRIE ANN MANNING, DeCendant : NO.: 97-3368 CIVIL TERM : IN CUSTODY ORDER OF COURT AND NOW. ,2001. upon consideration of the attached Complaint it is hereby directed that the panies and their respective counsel appear before . the Conciliator. M .00 the day of .2001. at _.m.. for a Pre-Hearing Custody Conference. At such conference. an etTon \\ill be made to resolve the issues in dispute; or if this cannot be accomplished. to define and narrow the issues to be heard by the Court. and to enter into a temporary Order. All children age five or older may also be present at the conference, Failure to appear at the conference may provide grounds for entry of a temporary or pennanent Order, Tbe court hereby directs the parties to Curnish any and aU existing Protection Crom Abuse orders, Special RelieC orders. and Custody orders to the conciliator 48 hours prior to schedllled bearing, For the Coun. By: Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIA nON 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 MATIHEW S. MANNING, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA \'5. : CIVIL ACTION- LAW CARRIE ANN MANNING, Defendant : NO.: 97-3368 CIVIL TERM : IN CUSTODY ,', { { , COMPLAINT FOR CUSTODY - , COMES NOW, the Defendant. Carrie A. Manning, by and through his cOUoseI 'Sally J. Winder, Esquire. and does represent as follows: .. , " ' I. The Plaintiff is Matthew S. Manning. residing at 105 Greason Road. Plainfield. Cumberland County. Pennsylvania, 2. The Defendant is Carrie A. MaDning. residing at 130 Peach Orchard Road. Newville. Cumberland County. Pennsylvania, 3, Defendant seeks modification of the Custody Order dated Janwuy 13.2000, entered to the above captioned number and tenn \\ith resp.:ctto the partial custody and visitation schedule for Father \\ith the follo\\ing children: Brooklynn L. Manning. born August 29. 1993. and Matthew S. Manning, born July 5. 1996. The children are presently in the custody of Carrie A, Manning. who resides at 130 Peach Orchard Road. Newville, Pennsylvania. During the past five years. the children have resided \\ith the follo\\ing persons and at the follo\\1ng addresses: (list all persons. addresses. dates) With Mother. Carrie A, Manning, for the last five years and since binh, Mother and Father resided \\ith the children at 2 Hill Drive. Newville. Pennsylvania until they separated and Father moved out of the family home June 15. 1997, Since June 1997. Mother and the children have resided at 2 Hill Drive. Newville. Pennsylvania. until July 15.200 I. when Mother and the children moved to 130 Peach Orchard Road. Newville. Pennsylvania. where they reside \\ith Randall McKee, The mother of the children is Carrie A. Manning. currently residing at 130 Peach Orchard Road. Newville. Pennsylvania. She is not married, The father of the children is Matthew S, Manning, currently residing at 105 Greason Road. Plainfield. PelUlSylvania. the residence of his grandmother. He is not married, 4, The relationship of Plain tifT to the children is that of natural father, The Plaintiff currently resides y,ith the folloy,ing person(s): his grandmother, 5, The relationship of Defendant to the children is that of natural mother. The Defendant currently resides y,ith the folloy,ing person(s): the children and Randall McKee. 6, Defendant has not participated as a party or ",imess. or in another capacity, in other litigation concerning the custody of the child(ren) in this or another Court. The Court, tenn. and number. and its relationship to this action is: A prior order was entered in this maner and is altached hereto, Defendant has no infonnation of a custody proceeding concerning the child(ren) filed in a Court of this Commonwealth. The Court, tenn. and number. and its relationship to this action is: Defendant does not know of a person not a party to the proceeding who has physical custody of the child or claims to have custody or visitation rights y,ith respect to the child. The name and address of such person is: 7. The best interests and pennanent welfare of the child. ",ill be served by granting the relief requested because the Defendant Mother is concerned for the physical and emotional well-being of the children when they are under the partial custody and control of the Father. As acknowledged in the prior Custody Evaluation by Rieger. Shienvold & Associates. Father has a drinking problem and should not be consuming alcohol when he has the children. or be -partying" y,ith the children, However. the Father is consuming alcohol when he has the children and is so intoxicated that he cannot fix meals for the children or supervise them thus punting the children at risk. Father has no driver's license due to driving under the influence charges but is apparently part)ing all weekend and not properly caring for the children, Therefore. Mother is fearful for her children's welfare and safety. and requests that visitation or partial custody be limited to Palintiff's Mother's house and that Father be prohibited from consuming any alcohol at any time designated as his time for partial custody or visitation, Further. if Mother believes Father has been consuming alcohol immediately prior to designated periods of partial custody or visitation, then. Mother may refuse to allow the children to leave her home for designated periods of partial custody or visitation. VERIFICATION I veri/)' that the statements made in this complaint are true and corrcctto the best of my personal knowledge and belief. I W1derstand that false statements herein are made subject to the penalties of 18 Pa. C.S, Section 4904. relating to unsworn falsification to authorities. Date: /I/I/D/ I I cMtti:tf~(/~/i SALLY J. WINDER AI/orney ar Law 701 E. Kina Slreet Shippcnsbura, PA I72l7 JAN 1 3 20~~ . AND NOW, this 13~ay of within Stipu1ation and motion of Sally DIRECfED that: ~fJlJO. upon consideration of the MATIBEW S. MANNING, Plaintiff IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA : CIVIL ACTION . LAW v. : NO. 97.3368 CIVIL CARRIE ANN MANNING, Defendant : IN CUSTODY ORDER OF COURT 1. The Mother and Father are the natural parents of two (02) minor children, Brooklyoo L Manning, born August 29, 1993, and Mattbew S. MaDning, born July 05, 1996. 2, Came Ann Manning and Matthew S. Manning shall enjoy shared legal custody of the two (02) minor children, Brooklynn L. Manning and Mattbew S. Manning, 3. Motber, Carrie Ann Manning, shall exercise primary physical residential custody of the minor children, Brooklynn L Manning and Matt!iew S. Manning, 4, Fatber, Mattbew S. Manning, shall enjoy periods ofpanial custody and visitation as follows: a) on alternating weekends, beginning Friday, December 17, 1999, when he shall pick up the children after work and return them to Motber on Sunday at 04:00 o'clock P,M.; b} FlIther shllll enjoy Pllrtial custody with the minor children two (02) evenings per week, which shall normally be Wednesday and Thursday evenings, from the time he picks them up after work until he returns them to Mother at 07:30 o'clock P,M, Fatber shall notifY Motber if the evenings are not going to be Wednesday and Thursday, c) On alternating holidays from 09:00 o'clock A.M, through 08:00 o'clock P,M" which holidays include: Thanksgiving, New Year's Day, Memorial Day, Fourth of July, and Labor Day, Fatber's holiday to commence with New Year's Day, 2000, 5, Fatber shall have rights of partial custody and visitation with the minor children at such other times as the parties may mutually agree, Motber shall not unreasonably withhold rights of partial custody and visitation as requested by father. 6, Motber and Fatber shall accommodate requests for summer vacation time with the ininor children, Father shall make his requests for vacation with the children, to be taken in no greater than seven (07) day segments, known to Motber by May 01, of each year. By the Court, js/ TRUE CO?Y FROM R[CORD In Testimony whereof, I here r,lo $:;1 my hand ;'tlJ.~~ lhe..l,q,~f"S):;;f;t pa.~ .-ff.'~'" too Prethonotary , \ @SEP 0 3 1997 ~ MATTHEW S. MANNING, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA . . V :CIVIL ACTION - LAW CARRIE ANN MANNING, Defendant : :NO: 97-3368 CIVIL :IN CUSTODY COURT ORDER AND NOW, this ~ day of ~, 1997, consideration of the attached Custody Conciliation Report, ordered and directed as follows: upon it is 1. The Mother, Carrie Ann Manning, and the Father, Matthew S. Manning, shall enjoy shared legal custody of Brooklynn L. Manning, born August 29, 1993 and Matthew S. Manning, Jr., born July 5, 1996. 2. The parties shall enjoy shared physical custody with the minor children under the following schedule: A. An alternating week on/week off schedule with the day of change of custody to be Sunday evening at 4 :00 p.m. However, during Father's week of having the children, Mother shall enjoy custody with the children Monday, Tuesday and Wednesday during the day while Father is working. During Mother's week of having the children, Father shall enjoy custody on Monday evening from when he is off work until Tuesday morning and on Tuesday evening from when he is off work until Wednesday morning. B. The parties may alter this schedule in any way they may agree. Absent an agreement, the above schedule shall control. C. The parties shall meet with the Custody Conciliator on the 9th day of October, 1997 at 10:00 a.m., for another Conference. 3. This Order is pursuant to an agreement reached by the parties at a Custody Conciliation Conference and it is recognized that this is a temporary agreement. In the event the parties determine that this schedule as agreed to above is not appropriate and either party desires a Court hearing on the issue, neither party shall be prejudiced by their agreement to the schedule outlined above when the Court considers a permanent order at a Court hearing. BY THE COURT, J. cc: Sally J. Winder, Esquire _ C Barbara Sumple-Sullivan, Esquire . !"'. .,. , ~OCT 1 ~ 1997 MATTHEW S. MANNING, Plaintiff : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA . . V :CIVIL ACTION - LAW . . CARRIE ANN MANNING, Defendant :NO: 97-3368 CIVIL :IN CUSTODY AND NOW, this ~ l~'f COURT ORDER day of October, 1997, Conciliator being advised that the parties have reached an agreement, the Conciliator relinquishes jurisdiction. ?O Hubert x. Gilroy, Custody Conciliat ':'"'.' J, --. !"') .-) OJ , '1-' \~ \\l) >- tn tr, r:: '1.. c": 1.-- .. :,.;.-: t.uf~ ("; 7:] .~. ("). . , r-I . J.., .- (lsf Ie. , , ( . , r'=:l ,<J . , u.~ ' c" ~ 0;-:-_'1' u... . , ~ .. . '-'. t,_ 1- ~:-:' u u~ U ~~~ "0 ~ V\ .;) "n "") . .;::) ~\jj~ \S. ~~ ~ ~ ........ G: ...J. "\I ... - . ", <.l 'a ,. ~ ~ ~ f""\ -...9 r-.. r<'" ~ '<J Cl - z g < 0 > ... :i 0( ..J - :J ti ~ l,/) Ul 101 > 111 III a:;...r ~ ..J ~ ~ ... n. w z o:E8z ~:J~~ j Ul m . <mC n: ~ ~ < ..J m 0:: a: W < ~ m :J u ~ Z MATTHEW S. MANNING, Plaintiff v, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 77-33&8 CARRIE ANN MANNING, Defendant CIVIL ACTION - LAW IN CUSTODYIDIVORCE ORDER OF COURT You. CARRIE ANN MANNING. Defendant. have been sued in Court to obtain custody, partial custody or visitation of the children: BROOKL YNN L. MANNING and MATTHEW S. MANNING, JR. You are ordered to appear in person at on at O'clock for: [ ] a conciliation or mediation conference [ ] a pretrial conference [ ] a hearing before the Court If you fail to appear as provided by this Order an Order for Custody. partial custody or visitation may be entered against you or the Court may issue a warrant for your arrest. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, 4TH FLOOR CARLISLE, PA 17013 (717) 240.6200 MATTHEW S. MANNING. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA v. NO: q7-~9 CIVIL ACTION. LAW IN DIVORCE/CUSTODY CARRIE ANN MANNING, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. if you wish to defend against the claims set forth in the following pages. you must take prompt action. You are warned that if you fail to do so the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgement may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you. including custody and visitation of your children. When the grounds for a divorce is indignities or irretrievable breakdown of the marriage. you may request marriage counseling. A list of marriage counselors is available in the Domestic Relations Office at the County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY. DIVISION OF PROPERTY. LA WYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED. YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE COURT ADMINISTRATOR 4th Floor. Cumberland County Courthouse Carlisle, Penns)'l\'ania 17013 (717) 240-6200 13. The Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff requests this Court to equitably divide said property in accordance with Section 330J(d) of the Pennsylvania Divorce Code. COUNT III CUSTODY 14. The averments in paragraphs I through 13. inclusive, of Plaintiff's Complaint are incorporated herein by reference thereto. 15. Plaintiff seeks majority physical custody of the following children: NAME ADDRESS DOB Brooklynn L. Manning Matthew S. Manning 2 Hill Drive 2 Hill Drive August 29. 1993 July 5. 1996 One child was born out of wedlock. The children are presently in the custody of both parties who resides at 2 Hill Drive. Newville. Pennsylvania. During the past five (5) years, the children have resided with the following persons and at the following addresses: PERSONS Matthew S. Manning Carrie Ann Manning ADDRESSES 2 Hill Drive 2 Hill Drive DATES August 1993.Present August 1993.Present 3 The mother of the children is CARRIE ANN MANNING. currently residing at 2 Hill Drive. Newville. Pennsylvania. The father of the children is MATTHEW S. MANNING. currenlly residing at 2 Hill Drive. Newville, Cumberland County. Pennsylvania. 16. The relationship of the Plaintiff to that of the children is that of father. Plaintiff currently resides with the following persons: NAME RELATIONSHIP Carrie Ann Manning Brooklynn L. Manning Matthew S. Manning Wife Daughter Son 17. The relationship of the Defendant to the children is that of Mother. The Defendant currently resides with the following persons: NAME RELATIONSHIP Matthew S. Manning Brooklynn L. Manning Matthew S. Manning Husband Daughter Son 18. Plaintiff has not participated as a party or a witness. or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no inforrnation of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical cu;;tody of the children or claims to have custody or visitation rights with respect to the children. 4 . . MATTHEW S. MANNING, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: Q1..3 3(,1 CV;J T:..- CARRIE ANN MANNING, Defendant CIVIL ACTION - LAW IN DIVORCE VERIFICATION I, MATTHEW S. MANNING, hereby certify that the facts set forth in the foregoing COMPLAINT 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: t,/(J-fq 7 I I ~udu" J. fiL.,1,;-;Z MA THEW S. MANNI ~I(}. .::):. - .. <'"'; .. - " _'J 0 IU' :..'.1 Z ... " ~ 0 I.~! ... - '?: L. :i :$ ..J ( , .> :J Z II ti 0( ..' Ul w ?i G- '; .. W ~ w ~ >- i , u - iL ..J Ul ", IL Q. w Z U r-. 0 :E ~ z '-' 0 W U ~ :J ~ .. Ul m ci m < ~ z a: ~ :'i < 0:: m w a: lQ < " m :J u ~ z .i. tg~ ~ 1; '1 ~ ):" >- V) >- rr- .~ .:J '- ,-' ,~ U.l~-~ ~ .:-i..,. (,?r , [ ).~'. L ..... (j ':= ... ii.: .' C)~ . : ~.j (',r:: ..~ .... (') liJ:..... N rll~, L-~ c..' ,. " I. :" '. ~~ji'~ ~ c. ~:1 u.. -.. l'. (O~ :J 0 '-" U - I'l 01 - o z ... ~ ~ :i 0( ..J Z :Jt;o( In to w :; '" .!.:: >- U :J In en ~ n. IIJ Z o :E " Z ~:J~~ j Ul ., r:i 0( ~ z a: WI :'i < 0:: m w a: m < ~ m :J U ~ Z ~~1 . , . NOW THEREFORE, the parties intending to be legally bound. do agree as follows: I. It is in the best interest of the minor children to allow the parties to share legal and physical custody as hereinafter set forth. 2. The parties hereby agree that an Order of Court shall be entered setting forth the following terms: I. CUSTODY A. Leeal Custodv Defined. The parties agree that major decisions concerning the children's health. welfare. education, religious training and upbringing shall be made by the parents jointly, after discussion and consultation with each other. with a view towards obtaining and following a harmonious policy to arrive at a decision that is in the children's best interest. Each party agrees to keep the other informed of the progress of the children's education and social adjustments. Each party agrees not to impair the other parties' right to share legal custody of the children. Further. each party agrees to give support to one another in the role as parents and to take into account the consensus of the other parent for the physical and emotional well being of the children. The parties agree not to either attempt or alienate the affections of the children for the other parent. Each party shall notify the other of any activity that could reasonably be expected to be of significant concern to the other. The parties agree that the children will be encouraged to contact their mother and father by telephone at all reasonable times. B. Joint Phvsical Custodv. Joint physical custody of the minor children shall be shared by Mother and Father. The parties shall share rights of physical custody as follows: (1) Weeks. Alternating weeks from Sunday through Sunday. The exchange time shall be 4:00 P. M. each Sunday. The children shall be dropped off by the parent completing their week of joint custody. (2) Daycare. Because of the parties' work schedules. the parties agree that during Father's weeks when Mother is not working. Mother shall care for the children while Father is at work. During Mother's weeks when Father is not working. Father shall care for the children while Mother is at work. (3) Holidays. Alternating holidays from 9:00 AM through 9:00 PM. which holidays include: Thanksgiving, New Year's Day, Memorial Day. Fourth of July and Labor 2 Day. with Father's holiday to commence with Memorial Day, 1998. This holiday schedule shall superscde thc regular joint custody schedule. (4) Christmas. a. Even vears. In even years, Mother shall have custody each Christmas Eve from noon to 6:30 p.m. Father shall have the children each Christmas Eve from 6:30 p.m. until Christmas Day at 8:00 a.m. Mother shall have the children on Christmas day from 8 a.m. until 4 p.m. Father shall have the children on Christmas Day from 4 p.m. until 10 p.m. b. Odd vears. In odd years, Mother shall have cuslody each Christmas Eve from Noon until 6 p.m. Father shall have the children each Christmas Eve from 6:30 p.m. until 10 p.m. Mother shall have the children from 10 p.m. on Christmas Eve until 8 a.m. on Christmas Day. Father shall have the children from 8 a.m. on Christmas Day until 4 p.m. on Christmas Day. Mother shall have the children on Christmas Day from 4 p.m. until 10 p.m. (5) Easter. The parties shall share custody on Easter Day. MOlher shall have the children from 8 a.m. until 2 p.m. and Father shall have children from 2 p.m. until 8 p.m. (6) Summer school vacation, Each parent shall be entitled to two consecutive weeks during the summer school vacation upon thirty (30) days advance written notice to the other parent. (7) Mother/Father's Day. Mother shall always have the right of partial custody on Mother's Day and Father shall always have the right of partial custody on Father's Day. which date shall supersede the regular joint custody schedule. (8) Notice. In the event either party is unable to exercise custody at anyone of the aforesaid times, she/he agrees to provide the other party with at least forty.eight (48) hours advance notice. (9) Transportation. The parties shall share transportation in exercising the rights of custody set forth in the Stipulation. C. Positive Relationships. Each of the parties and any third party in the presence of the children and the party shall take all measures deemed advisable to foster a feeling of affection between the children and the olher party and neither will do anything which may estrange the children from the other party or impair the children's high regard for the other party. Neither party shall do anything which may estrangc the child from the otl1er party or injure the children's opinion the parent or which may hamper the free and natural development of the children's lovc and rcspect for the other parent. 3 t~ ~ " r; Ir: ~ ~ '5 turJ ~~i'\ b;:r ~ #)'"J H..-_ - ~.. C~I:: .-)- Sl: - '.- >:! :Sr,.') -. z ft!!, I C'J: Ie;.? ~ c. '!!liJ "'" :,':0... 1,_ 0'\ d LJ 0'\ 2..{J~,{ c9'.u,. alo/1:...t- ""'1",wc.,<lil..J ~ rJtsI nID (71'1) SJZ....,.. i! I, I I II i MATTHEW S. MANNING, 'I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs CIVIL ACTION - LAW I CARRIE ANN MANNING, I I II I NUMBER: CIVIL TERM 97 - 3368 IN CUSTODY Defendant PETITION FOR MODIFICATION COMES NOW, the Defendant, CARRIE A. MANNING, by and through her counsel, SALL Y J, WINDER, Esquire. and does request the Court modifY the Custody Agreement and Order between the parties based upon the following: I. The parties are the natural parents of two minor children, Brooklynn L. Manning. II' born August 29. 1993, and Matthew S, Manning. born July 05, 1996, II 2. Mother. under the existing agreement. shares custody with the father on an II alternating week basis. Sunday through Sunday, 3, Mother, in addition to her alternating weeks of custody, exercises custody of the I children on Tuesday and Thursday of each week the children are in the custody of Father from II after work until 08:00 o'clock P,M, ! I 4, During mother's week of shared custody. Father is permitted to see the children on , II Wednesday and Thursday evenings and is to return the children at 0800 o'clock P,M, in the evening, 5, The stipulation between the parties and the agreement between the parties is that the parent exercising custody or care of the children is not to consume any alcoholic beverages I I " 6, Mother believes and therefore avers that father abuses alcohol and is not capable of providing proper eare and custody of the children at any time that he is drinking alcohol. 7, Mother has refused to allow Father to take the children from her home on two previous dates in February 1999 because Father was consuming alcohol and would have been transporting the children while he was under the influence of alcohol which would have been unsafe for the children, 8. Further. on Friday. March 12. 1999, Mother had the children after work and was returning taking the children to Father for the evening to complete his week of custody until the following Sunday at 04:00 o'clock PM. Mother had taken Matthew to Carlisle Pediatrics on March II, 1999, where he was seen by the doctor and prescribed medication for his upper respiratory congestion and illness, On Friday, March 12. 1999, when Mother took the children to Father, at 07: 15 o'clock in the evening. she advised him of the child's condition, provided him with the medication, and asked him to assure him that he was staying home with the children that evening, Father assured her that he was staying home - that he was not going anywhere, On Saturday, March 13, 1999. Mother received a telephone call and went to the residence of her " brother in Carlisle, Pennsylvania, where she discovered Father. Matthew S Manning. hung over from having consumed alcohol and her children all in the house occupied by many other persons who were also in various states of intoxication or hung over from the consumption of alcohol and in no condition to care for her ill children, Mother took the children from the location and Father and took them home where she determined that Matthew had not been given his medication and that he was extremely ill 9, Mother has since discovered that at various times while Father has custody of the children or is in control of the children and is supposed to be providing for their care and Ii I I I I. I I MATTHEW S. MANNING, 'I I I I Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs CIVIL ACTION . LAW CARRIE ANN MANNING, NUMBER: 97 - 3368 CIVIL TERM IN CUSTODY Defendant I II I , I I I SALLY 1. WINDER, Esquire, and does requestlhe Court modifY the Custody Agreement and PETITION FOR MODIFICATION COMES NOW, the Defendant, CARRIE A. MANNING. by and through her counsel, :t- fJ';" .{ c9'..u,. cI o/f'u..I- I Order between the panies based upon the following: II ii' born August 29. 1993, and Matthew S Manning. born July 05. 1996 I II 2, Mother. under the existing agreement, shares custody with the father on an 'I - i i alternating week basis. Sunday through Sunday, 'II 3, Mother. in addition to her alternating weeks of custody. exercises custody of the II children on Tuesday and Thursday of each week the children are in the custody of Father from II after work until 08 00 o'clock P M, ! I 4, During mother's week of shared custody. Father is pennitted to see the children on ! I Wednesday and Thursday evenings and is to return the children at 08:00 o'clock P.M. in the i I everung, 1. The parties are the natural parents of two minor children. Brooklynn L. Manning, 5, The stipulation between the panies and the agreement between the parties is that ",J..,~_ ~ - ntS1 I the parent exercising custody or care of the children is not to consume any alcoholic beverages, I (717) ssz-...~ If " , . , " ,. ,: 6, Mother believes and therefore avers that father abuses alcohol and is not capable of providing proper care and custody of the children at any time that he is drinking alcohol. 7. Mother has refused to allow Father to take the children from her home on two previous dates in February 1999 because Father was consuming alcohol and would have been transporting the children while he was under the influence of alcohol which would have been unsafe for the children, 8, Further. on Friday. March 12. 1999. Mother had the children after work and was returning taking the children to Father for the evening to complete his week of custody until the following Sunday at 04:00 o'clock P.M. Mother had taken Matthew to Carlisle Pediatrics on March 11. 1999, where he was seen by the doctor and prescribed medication for his upper respiratory congestion and illness, On Friday. March 12. 1999, when Mother took the children to . Father. at 07: 15 o'clock in the evening, she advised him of the child's condition. provided him with the medication, and asked him to assure him that he was staying home with the children that evening, Father assured her that he was staying home - that he was not going anywhere On Saturday, March 13, 1999, Mother received a telephone call and went to the residence of her brother in Carlisle. Pennsylvania. where she discovered Father, Matthew S, Manning. hung over from having consumed alcohol and her children all in the house occupied by many other persons who were also in various states of intoxication or hung over from the consumption of alcohol and in no condition to care for her ill children, Mother took the children from the location and Father and took them heme where she determined that Matthew had not been given his medication and that he was extremely iII. 9, Mother has since discovered that at various times while Father has custody of the children or is in control of the children and is supposed to be providing for their care and , I. II I. >- M ~ ~~ ,.. N 8~ ( , Ie '.~ -'.. ( " ::t.: ~'j.: a.. r.~~ ,~:.< N 5 tr:t~. .r - , .:1 7' IUt ~ oCt Cf)o.. ,.. -, a (3 C:J C:J et"' C3J\J\ :1- . .,.. -:. ">- ( c.:.. ; ,.. I - '::J ;z I ~ , :,) 'In.. ') \ ~) ::.i <;) u MA1TIIEW S, MANNING, : IN TIlE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA Plaintiff v, CIVIL ACTION - LAW CARRIE ANN MANNING, Defendant NO. 97 - 3368 CIVIL IN CUSTODY ORDER OF COURT AND NOW, this -1~day of ~ ~)tu 2J 7 .1000. upon consideration of the within Stipulation and motion of Sally 1. Winder. Esquire. it is hereby ORDERED AND DIRECTED that: I, The Mother and Father are the natural parents of two (02) minor children, BrookIynn L. Manning, born August 29, 1993, and Matthew S. Manning, born July 05. 1996. 2, Carrie Ann Manning and Matthew S. Manning shall enjoy shared legal custody of the two (02) minor children. BrookIynn L. Manning and Matthew S, Manning, 3, Mother. Carrie Ann Manning. shall exercise primary physical residential custody of the minor children. BrookIynn L. Manning and Matthew S. Manning, 4, Father, Matthew S. Manning. shall enjoy periods of partial custody and visitation as follows: a) on alternating weekends. beginning Friday. December 17. 1999, when he shall pick up the children after work and return them to Mother on Sunday at 04:00 o'clock P,M,; b) Father shall enjoy partial custody with the minor children two (02) evenings per week, which shall normally be Wednesday and Thursday evenings. from the time he picks them up after work until he returns them to Mother at 07:30 o'clock P.M, Father shall notify Mother if the evenings are not going to be Wednesday and Thursday. c) On alternating holidays from 09:00 o'clock A.M. through 08:00 o'clock r.M,. which holidays include: Thanksgiving. New Year's Day. Memorial Day. Fourth of July, and Labor Day. Father's holiday to commence with New Year's Day, 2000. 5. Father shall have rights of partial custody and visitation with the minor children at such other times as the parties may mutually agree, Mother shall not unreasonably withhold rights of partial custody and visitation as requested by father, 6, Mother and Father shall accommodate requests for summer vacation time with the minor children. Father shall make his requests for vacation with the children, to be taken in no greater than seven (07) day segments. known to Mother by May 0 I, of each year. By the Court. I ()L~ ~)fll. ll~ %w.ilul J- / 'I'Ot) P.KS them up aOer work until he returns them to Mother at 07:30 o'clock P.M, Father shall notify Mother if the evenings are not going to be Wednesday and Thursday. c) On altemating holidays from 09:00 o'clock A.M. through 08:00 o'clock P,M.. which holidays include: Thanksgiving. New Year's Day. Memorial Day. Fourth of July. and Labor Day, Father's holiday to commence with New Year's Day, 2000, 4. Father shall have rights of partial custody and visitation with the minor children at such other times as the parties may mutually agree. Mother shall not unreasonably withhold rights of partial custody and visitation as requested by father. 5. Mother and Father shall accommodate requests for summer vacation time \vith the minor children, Father shall make his requests for vacation with the children. to be taken in no greater than seven (07) day segments. known to Mother by May 0 I. of each year. 6, This Agreement shall be entered as an Order of Court and supersede any Orders previously entered, 7, The parties acknowledge and agree that this Stipulation for custody and partial custody shall be entered as an order by the Court without the necessity of their presence. IN WITNESS WHEREOF. the parties hereto and each of them have hereunto set their hands and seals intending to be legally bound hereby, WITNESS: (SEAL) CARRIE ANN MANNING rt~l1lvtl Jt!~1-~t;;~(SEAL) i\JA TrIlEW S. MANNING ;- , ... It I: ~ () i'OUW MAITIIEW S. MANNINO. Pluintin" IN TilE COURT OF COMMON PI.EAS OF ClJMBERI.AND COUNTY. PENNSYI.V ANIA \' CIVIl. ACTION. I.A W CARRIE ANN MANNINO, Delcndunt NO, l)7 -- 33611 CIVIl. IN ClISTOI)Y COllIn OlmEI~ AND NOW. this ::.."": rt, day of Decemher. 2001. upon consideration of the attachL'lI Custody Conciliation Report. it is ordered und direcled as f(Jllows: I. This Court's prior Order of January 13. 2000 shall remain in effect subjL'Ct to the modilication as set forth below. 2. Neither party shall consume alcohol or he under the inlluence of alcohol when they ha\'e custody of the minor children. 3. In the e\'ent either party desires to modify this order, that party may pctition the court to have the case again schL'lIulL'lI with the custody conciliator for a conference. BY TIlE COURT. r / I , '/ C'' I.' /, /.//" .- J. cc: J!J esley Oler, ~r" / Sally J. Winder, Esquire " ~ Mauhew S, Manning t op-u-D -fYla R V 5 105 Greason Road 12.2~'OI UJj Plainlield. PA 17081 \.'._.,i, . ir~: .~-;~d . ~- .' .:......j '......' t : ~ ""..", ;\.. '., :~ :1 ... . . ,~ ~:' v ..1.:.u ' .I .\,~~' ' MA TIHEW S, MANNING, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA \'s. : CIVIL ACfION- LAW CARRIE ANN MANNING, Defendant : NO.: 97-3368 CIVIL TERM : IN CUSTODY COMPLAINT FOR CUSTODY COMES NOW. the Defendant. Carric A. Manning. by and through his counsel. Sa~' J. Winder, Esquire, and does represent as follows: I. The Plaintiff is Matthew S, Manning. residing at 105 Greason Road. Plainfield. Cumberland County. Pennsylvania. 2. The Defendant is Carrie A. Manning. residing at 130 Peach Orehard Road. Newville, Cumberland County. Pennsylvania. 3. Defendant seeks modification of the Custody Order dated JanuaJ)' 13. 2000. entered to the above captioned number and tcrrn with respect to the partial custody and visitation schedule for Father with the following children: Brooklynn L. Manning. born August 29. 1993. and Matthew S. Manning, born July 5. 1996. The children are presently in the custody of Carrie A. Manning. who resides at 130 Peach Orchard Road. Newville. Pennsylvania. During the past five years. the children have resided \\ith the follo\\ing persons and at the follo\\ing addresses: (list all persons. addresses. datcs) With Mother. Carrie A. Manning. for the last fivc ycars and since birth. Mother and Father resided \\ith the children at 2 Hill Dri\c. Nc\\"\'ille. Pcnnsylvania until they separated and Father moved out of the family homc June 15. 1997. Since June 1997. Mother and thc children havc residcd at 2 Hill Drivc. Ncwvillc. Pcnnsylvania. until July 15.2001. when Mothcr and thc children moved to 130 Pcach Orchard Road. Ncwvillc. Pennsylvania. whcre thcy reside \\ith Randall McKee. The mothcr of the children is Carric A. Manning. currently residing at 130 Peach Orchard Road. Ncwvillc. Pcnnsylvania. Shc is not marricd. The father of tile children is Matthew S. Manning. currently residing at 105 Greason Road. Plainfield. Pennsylvania. the residence of his grandmother. lie is not married. 4. The relationship of Pia intiIT to the children is that of natural father. The PlaintiIT currently resides with the following person(s): his grandmother. 5. The relationship of Defendant to the children is that of natural mother. The Defendant currently resides with the following person(s): the children and Randall McKL'C. 6. Defendant has not participated as a party or \\itness. or in another capacity. in other litigation concerning the custody ofthc child(ren) in this or another CoUrt. The CoUrt. term. and number. and its relationship to this action is: A prior order was entered in this mailer and is attached hereto. Defendant has no information of a custody procL'\.-ding concerning the child(ren) filed in a CoUrt of this Commonwealth. The CoUrt. term. and number. and its relationship to this action is: Defendant does not know of a person not a party to the proceeding who has physical custody of the child or claims to havc custody or visitation rights \\ith respect to the child. The name and address of such person is: 7. The best interests and permanent welfare of the child. will be served by granting the relief requested because the Dcfendant Mother is concerned for the physical and emotional well-being of the children when they are under the partial custody and control of the Father. As acknowledged in the prior Custody Evaluation by Rieger. Shiem'old & Associates. Father has a drinking problem and should not be consuming alcohol when he has the children. or be "partying" \\ith the children. Howcver. the Father is consuming alcohol when he has the children and is so intoxicated that he cannot fix meals for the children or supervise them thus puming the children at risk. Father has no driver's liccnse due to driving under the influence charges but is apparently partying all weekend and not properly caring for the children. Therefore. Mother is fearful for her children's welfare and safety. and requests that visitation or partial custody be limited to Palintiffs Mother's house and that Father be prohibited from consuming any alcohol at any time designated as his time for partial custody or visitation. FUrther. if Mother believes Father has been consunling alcohol immediately prior to designatcd periods of partial custody or visitation. then. Mother may refuse to allow the children to leave her home for designated periods of partial custody or visitation, '- . ~ ~ Q) .~ - .- 2 VJ ::>- (V) .,. - ,-" r-, ~ .' , (~, " .) .'~ ".. ",J ~ " ,1 ~ ~ . ':',.1 cr- . , ','l- e- ~ ~- ,- : j ~ <J- ':'.l (.J s:=- -.... - ti~ ~ ", MAY 2 1 ZOUt D MA'ITIIEW S. MANNING, Plaintiff IN TIlE COlJRT OF COMMON PLEAS OF ClIMBERLANI) COlJNTY,PENNSYLV ANIA \' CIVIL ACTION - LAW CAlum: ANN MANNING, ))efcmlnnt NO. 97-336f1 CIVIL IN ClISTO))Y ~OURT ORDER AND NOW, this )..'2, j day of !\lay, 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and dirccted as follows: 1. A ~earing is scheduled in the above matter on the J ft& day of '~}L&1- ,2002, at /; 1?: t,M, in Courtroom No, I ofthe Cumb'~rlarl'd Count~' Courthouse, At this hearing, the Mother, Canie Ann !\lanning, shall 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 the histol1' of custody in this case, the issues currently before the court, a list of witnesses who will be called to testify on behalf of each party and a summal1' of the anticipated testimony of each witness. This memorandum shall be filed at least fi\'C (5) days prior to the mentioned hearing date. 2. Pending further Order of this Court, this Court's Order of January 13, 2000 as modified b~' the Order of December 28, 2001 shall remain in effeet, , BY THE COURT, / IJ. A<latthew S. l\Ianning 105 Gn'uson Roud l'lainficld, I'A 170fll 7 I \ (/A I " c : ":) '. "-, " JJ\'esle~' Oler, Jr. i~~:~~ 5',23-0'z 0/\. cc: ~all~' J. Winder, Esquire .-- MATTIIEW S. MANNING, I'I1Iintiff IN TilE COURT OF COMMON PLEAS OF CUMIJERLAND COUNTY,I'ENNSYLV ANIA CIVIL ACTION - LAW ,. CARRIE ANN MANNING, Dcfendllnt NO. 97 -3368 CIVIL IN ClJSTODY Prior Judge: J, Wesle~' Oler, .Ir, CONCIUATION CONFERENCE SUI\IMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: I. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Brooklynn L. Manning, born August 29, 1993; and Matthew S, Manning, born July 5, 1996. 2. A Conciliation Conference was held on Ma~' 16, 2002, with the following individuals in attendllnce: The Mother, Carrie Aun Manning, with her counsel, Sally J. Winder, Esquire; and the Father, Matthew S. Manning who appeared without an attorney, 3. Mother is seeking to modif~' the cxisting custody arrangement in order to limit Fathcr's custody with the childrcn, I\lother asserts that Father currently has a drug problcm and that FlIthcr has been taking the children to homes on the weekends whcre thc children are not bcing properl~' supen'ised. Mothcr further asserts that Fathcr is in "iolation of the existing custody ordcr which restricts cither party from consuming alcohol whilc they ha,'c custody of the minor children, Mother desires t1ll1t Father not cxcrcise overnight custody. Father is unwilling to agree to Mother's request, aud FlIther gcnerally denies the allegations Mother is making with respect to reasons wh~' she feels FlIther's custod~' should be reduced, 4. The parties are unable to rCllch an agreement at the custody conciliation confcrence. The conciliator recommends the clltry of an order in the forn! as attached, ~{'11 (JJ. ~ Hubert X. Gilro " Esquire Custooy Conci 'ator ~ " " .' '0 Ll . MA1TIlEW S. MANNING IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF v. 97.3368 C1VILACTlONLAW CARRIE ANN MANNING DEFENDANT IN CUSTODY ORnER OF COURT AND NOW. Wednesday. April 24, 2002 . upon consideration of the attached Complaint. it is hereby directed that parties and their respective counsel uppear bel()re Hubert X. Gilro)'. Esq. . the conciliator. at 4th Floor. Cumberland County Courthouse. Carliste on Thursday. May t6, 2002 at to:30 AM for a Pre-Hearing Custody Conference. At such confcrcnee. an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issucs 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 TilE COURT. , By: Isl Hilbert X. GilrQY. Esq. Custody Conciliator "'\..... Thc Court of Common Pleas of Cumberland County is rcquired by law to comply with the Americans with Disabilitcs 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 uny hearing or business before the court. You must attend the schedulcd conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR AITORNEY AT ONCE. IF YOU DO NOT HAVE AN A lTORNEY OR C ANNUl' AFFORD ONE. GO TO OR TELEP110NE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET I.EGAL IIELP. Cumberland ('ounty Il<lr Association 2 Liberty ^ venue Carlisle.Pennsylvuni<l 17013 Telephone (717) 24l).31f,h MATTHEW S. MANNING, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION- LAW ,'s, CARRIE ANN MANNING, Defendant : NO.: 97-3368 CIVIL TERM : IN CUSTODY COMPLAINT FOR CUSTODY COMES NOW. the Defendant. Carrie A. Manning. by and through his counsel. Sally J, Winder, Esquire. and does represent as follows: I. The PlaintifTis Matthew S. Manning. residing at 105 Greason Road. Plainfield, Cumberland County. Pennsylvania. 2. The Defendant is Carrie A. Manning. residing at 130 Peach Orchard Road. Newville, Cumberland County. Pennsylvania. 3. Defendant seeks modification of the Custody Order dated January 13.2000. and modified by Court Order December 28. 2001. entered to the above-captioned number and term \\ith respect to the partial custody and visitation schedule for Father \\ith the follo\\ing children: Brookl~1ID L. Manning. born August 29, 1993. and Matthew S. Manning. born July 5.1996. The children are presently in the custody of Carrie A. Manning. who resides at 130 Peach Orchard Road. Newville. Pennsylvania. During the past five years. the children have resided \\ith the follo\\ing persons and at the follo\\ing addresses: (list all persons. addresses. dates) With Mother, Carrie A. Manning. for the last five years and since birth. Mother and Father resided \\ith the children at 2 Hill Drive. Newville. Pennsylvania until they separated and Father moved out of the family home June 15. 1997. Since June 1997. Mother and the children have resided at 2 lIiIl Drivc. Ncwville. Pennsylvania. until July 15.2001. when Mother and thc children movcd to 130 Peach Orchard Road. Newville. Pennsylvania. where they rcsidc with Randall McKce. Thc mother of the children is Carrie A. Manning. currently residing at 130 Peach Orchard Road. Newvillc. Pcnnsylvania. She is not married. The father of the children is Matthew S. Manning. currently residing at 105 Greason Road. Plainfield. Pennsylvania. the residence of his grandmother. He is not married. 4. The relationship of Plain tilT to the children is that of natural father. The PlaintilT currently resides with thc following person(s): his grandmother. 5. The relationship of Dcfendant to thechildrcn is thaI of natural mother. The Defendant currently resides with the following person(s): the children and Randall McKee. 6. Defendant has not panicipatcd as a pany or witncss. or in another capacity. in other litigation concerning the custody of the child(ren) in this or another CoUrt. The CoUrt. term. and number. and its relationship to this action is: A prior order was entcred in this matter and is attached hereto. Defcndant has no infonnation of a custody proceeding concerning the child(ren) filed in a CoUrt of this Commonweahh. The CoUrt. term. and number. and its relationship to this action is: Defendant docs not know of a person not a pany to the proceeding who has physical custody of the child or claims to have custody or visitation rights \\ith respect to the child. The name and addrcss of such person is: 7. The best intcrests and permanent welfare of the child. will be served by granting thc relief rcquested because the Dcfendant Mother is conccrned for the physical and emotional wcll.being of thc children whcn they are under the panial custody and control of the Father. As acknowledged in the prior Custody Evaluation by Rieger. Shicn\'Old & Associatcs. Father has a drinking problem and should not be consuming alcohol when he has the children. or be "panying" with the children. Ilowcvcr. the Father is consuming alcohol when he has the children and is so intoxicated that he cannot fix mcals for the children or supervise thcm thus puttting the children at risk. The children have called Mother requesting her to come get thcm because they arc fearful of the places where Father takes them and Fathcr and his friends are consuming alcohol and "smoking dopc", Father has no driver's license due 10 driving under the influence charges but is apparently panying all weekend and not properly caring for the children. Therefore. Mother is fearful for her children's welfare and safety. and requests that visitation or panial custody be limitcd to day time hours \\ith Father and that he not be permitted to have them at any location where alcohol is being consumed or illegal drugs are being used. In the alternative. Mother requests the Coun to order counseling and trealmcnt for Father and that he demonstmte that he is alcolhol and drug ~ . I' ;, I ,.,", I :.' ...." l,'i ': I :f.:,.: . ; ! :': , I . . ! I I, i! ,. i' I . I' ' , " '!.I: 1,1i , " . ,. . " "'" ,j '"I' ,1','" ,;'~ .' , ' I 1,. ' .,', I . . i, ~ i,;'"';. 1:' \ . ~ ". 'I' I'. '" ,"'" . , >',' ',II : 'l~ ' '. ' - . " ,,' I , , I , i' I , I , . I '. i , I " . I , . , , ,,,j-. ! , I ~, ~ i . , , , , ! , I : lei' " '1 . ': i i r~ ,'I, : ! i .' , , ! , I"~ " I ", I I , i them Up after work until he returns them to Mother at 07:30 o'clock P.M. Falber shallllOlifY Mother if the evenings are nol going to be Wednesday and Thursday. c) On alternating holidays from 09:00 o'clock AM through 08:00 o'clock P.M., which holidays include: Thanksgiving. New Year's Day, Memorial Day, Founh of1u1y, and Labor Day. Fatber'. holiday to commence with New Year's Day, 2000. S. Father shall have rights of partial custody and visitation with the minor dlildrCII at such other times as the parties may mutually agree. Mother shallllOt unreasonably withhn1d rights ofpartial custody and visitation as requested by father. 6. Motber and Falber shallllCCOmmodate requests for summer vacation time with the ininor children. Father shall make his requests for vacation with the children, to be taken in DO grcaterthan seven (07) day segments, known to Motber by May 01, ofeach year. IS! I DEG 20 200lf MATTIIEW S. MANNING. PlaintW' IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW CARRIE ANN MANNING, Defendant NO. 97 - 3368 CIVIl. IN CUSTODY COlJRT ORIlER AND NOW. this M day of December. 2001. upon consideralion of the attached Custody Conciliation Report. it is ordered and directed as follows: I. This Court's prior Order of January 13. 2000 shall remain in effcct subject to the modification as set forth below. 2. Neither party shall consumc alcohol or be under thc influence of alcohol when they have custody of the minor children. 3. In the event either party desircs to modify this order. Ihat party may petition thc court to have the case again scheduled with the custody conciliator for a conference. . 1. cc: Sally J. Winder. Esquire Matthew S. Manning 105 Greason Road Plainfield. PA 17081 ~ ~ ~ l"'\ ... j.: -. ;:.-:. \ .::>. - , .' ~ r;" <: ~ , ~ ' , '\ \. . . ~ '- ~ ~ ( , , , '-. I .) l.) .' MATTHEW S. MANNING, l'laintiff : IN TilE COURT OF COMMON PLEAS OF : CUMDERLANI) COUNTY,I'ENNSYLVANIA \'5. : CIVIL ACTION- LAW CARRIE ANN MANNING, Defendant : NO.: 97-3368 CIVIL TERM : IN CUSTODY CUSTODY MEMORANI)UM OF DEFENDANT I. FACTUAL DACKGROlINI) Plaintiff. Matthew S. Manning. is thc fathcr of Brooklyn L. Manning, agc 8. and Matthew S. Manning. agc 5. and currently di\'orccd from thc Defendant Mothcr. Carric A. Manning. Father began a pattern of abusing alcohol and illcgal drugs prior to the parties' marriagc May of 1995. Father has continucd to abuse alcohol and is denying its adverse effect on the childrcn and their safety when they arc with him. This denial is e\'idenced in the Custody e\'aluation which was completed by Riegler Schienvold & Associatcs in No\'ember 1999. In December 2001. afier a custody conciliation conference. an Order was entered prohibiting either party from consuming alcohol or being under the influence of alcohol when exercising custody of the children. Dcspite this order. Father has been consuming alcohol and been under the influence of alcohol while exercising custody of the minor children. Additionally. Father has been a user and abuscr of illegal drugs including crack cocaine. in the past nine months. . Fathcr docs not regularly scc thc children on the wcekday e\'cnings as set forth in thc Janual)' 2000 order. On some wcckcnds when thc children havc bccn with Fathcr he has failed to pro\'ide for their best intercst and physical safety by taking them to places where Father and his friends are drinking alcohol and consuming illegal drugs. Thc childrcn ha\'e called Mother from such places asking her to comc gct thcm. Father thcn tclls the childrcn that thcir ~lother will not let them see him ifthcy tcll hcr such things. As a rcsu\t thc childrcn hecomc afraid when thcy arc with Father hut are rc\uctantto " "tell on" Father and "get him in trouble with the Judge". Mother belie\'es that by limiting \'isitation to no o\'ernights the risk and danger to the children will be minimized, Mother belie\'es that Father needs to undergo drug and alcohol treatment but has no method of requiring Father to do so. Therefore. Mother is compelled to request an Order crafted to expose the minor children to the least hann and pro\'ide for some contact betwcen Father and the children. The histol)' of Father's beha\'ior and the ongoing problems with the \'isitation schedule in this matter bears witness to the accuracy (and prophecy) of the Custody e\'aluation done in No\'ember 1999. II. NAMES AND AGES OF THE CIIILDREN. Brooklyn L. Manning born August 29,1993. and Matthew S. Manning, born July 5, 1996. III. PROPOSED ORDER FOR RESOLUTION. Mother requests that an Order be entered for primal)' custody of the children in Mother. Father to be required to undergo Family counseling and alcohol and drug abuse treatment. Until Father has successfully completed a drug and alcohol treatment program and is drug and alcohol free for one year. Father shall exercise partial custody only during the day on alternating weekends and such other times as the parties may mutually agree, The prohibition against being under the influence or consuming alcohol to remain in efTcct. IV, NAMES AND ADDRESSES OF FACTlIAL WITNESSES. 1. Carrie Manning. 130 Peach Orchard Road. Newville. Pennsylvania. will testify concerning the relationship between herself and her children as primal)' caretaker. She is presently a student enrolled in a nursing program and employed parttime at Carlisle Regional Health Center. She will testify to the ongoing alcohol and drug use and abuse by Father which has apparently etlccted his ability to pro\'ide propcr care and supervision for thc children when they arc with him especially during evening hours. Mother will testify that there ha\'c been times when the children ha\'e callcd her asking her to come get them bccause they are afraid. She will testify that the children have been told by Father not to tell Mothcr what he is doing or whcrc they are so he will not gct in trouble. Mothcr will testify that she fcars for the childrcn's physical safety and well-being when they are with Fathcr ovcrnight. She will testify that hc has not regularly exercised the weekday evening visitation provided for in the January :1000 ordcr. 2. Phyllis Seiders. North Carolina, is Carrie Manning's mother and maternal grandmothcr of Brooklyn Manning and Matthew Manning. She will testify concerning the alcohol consumption by Father when he has the children and his history of irresponsible behavior and lack of care and supervision of the childrcn when they are with him. 3. Judy Quinney, Newville. Pennsylvania. will testify concerning the relationship of Mother with the children and as babysitter the information related to her by the children that thcir father is drinking beer all the time and they arc at his friends' houses: that other people look after them while Father is with his friends and that they are sometimes afraid. She will also testify that the children are apparently told not to tell Mommy and that ifthcy tell then they won't be ablc to see Daddy any morc. 4. Lisa Robenson. East Columbia Road. Enola. Pennsylvania. will tcstify as to the history of Father bringing the children to her house so Father could "party" with her husband while she watched the children. She will testify that not only was Scott Manning consuming alcohol but also drugs and that he would show up at her house in the middle of the night wanting to "party". She will testify that she told Scott Manning in October 2001 that she did not want him at her house or around her husband any morc because of the alcohol and drug consumption and the comings and goings in the middle of the night. She will tcstify that she knows that Fathcr takes the children to Jcm' Rohrcr's housc and that it is commonlv kno\111 that it is a placc whcrc . . a lot of "partying" takcs place and that it is not a place appropriatc for children. V. NAMES AND ADDRESSES OF EXPERT WITNESSES. None VI. LEGAL ANI> FACTUAL ISSUES, The primary issue is the extent of temporal)' custody of the Father and the father's ability to properly care for the children. Father has been exercising partial physical custody of the children on alternating weekends. Mother is requesting that the Court require counseling and treatment for Father and require him to demonstrate that he is alcohol and drug free as a condition of his being permitted to exercise any partial custody and that he not be permitted any overnights. The Court has the obligation to protect the children by fashioning an Order which is in their best interest and for their wcll.being. Entering such an Order is similar to the specific powers granted the Court under 23 Pa. C.S.A. Section 5303(c) where physical abuse is involved. VII. ESTIMA TEl> LENGTH OF HEARING. One.Half (1/2) day. VIII. NEED FOR HOME STUDY, Defendant believes a home study should be part of the Court ordered monitoring process required of Father to demonstrate he can and is properly caring for the children. IX, NEED FOR PSYCHOLOGICAL EVALUATION, Plaintiff does not requests that the Court take judicial notice of and consider the November 1999 custody evaluation part of the record in fashioning any Order of Court. Respectfully submitted. ~ J 'U4;j~ SALLY ,WINDER A ITO EY FOR DEFENDANT 9974 MOLLY PITCHER HIGHWAY SHIPPENSBURG. PA 17257 (717) 532-9476 / Elliot Riegler, Ph.D. Arnold T. Shienvpld. Ph.D. Melinlla Ea.h, M.S. Wpyne Trolla. M.S. Jam.s W. Eash, L.S.w. Michael J. A.ken, Ph.D, Bunni. Howald, I'h,D. Amy K. Keisling. A.C.S.W.. L.S.W. Tracy Richald., A.C.S.W.. L.S.W. Dyonne Seymore. L.S.W. Don Lawrence. L.S.W. Custody Evaluation Carrie A. Manning v. Matthew S. Manning I, Mutual consent of the parties foJlowing a custody conciliation conference 1'0 conduct a comprehensive custody evaluation and to make recommendations regarding the most IIppropriate parenting plan for Brooklyn Louise Manning, DOB 8/29/93 and Matthew Scott Mwming. Jr., 7/5/96. . . Carrie Manning 6/23/99,.7/21/99,7/22/99 Matthew "Scott" Manning 7/19/99,8/18/99, 10/5/99 Randall McKee 8/23/99 Brook Manning 8/24/99 Each parent was observed interacting with the children in the , office Minnesota Multiphasic Personality Inventory-2 (MMPI-2) · Both parents Each parents residence was evaluated for safety and ' observations were made of the parents interacting with the children. ' ",t" 1. Calendars provided by Carrie Ml\nning with notes on them 2. A picture of Matthew after being bitten by a dog 3. Notes regarding Carrie's treatment of Matthew after his dog bite . 4, Verbal contact with Sharon Mwnma, the children's babysitter , . '.', \" '" \.,. , , , N"O'. \,i' , q. "--.''', ,.' :. ,~., l. ", , iI" .,..j,'", J -';'"4, -.r \ .. \,' ~ . . t -' .;..- ~ ," f .. ' : ' . . , , 'v:Ml\111lIDg 1~c,2:," " ...' t,"~ . , ..-.:- ~ : ~"" ,!:rpc.J'l,=COIlUl)~ndations at Ihc conclusion of this rcport are based on all of these ,_~,9!,iAfprma~on. ,_" I ( .I t '\J. ~, 11.:f;.." .~"",' ..'JJ.,.' I .. . r"a'~':'1l :" ~~' .- . lIP, )~GrOqnd: , , '"4:'1, >'-'\"'" ~:. / ,; \~'::::~!::SQQ~:~d clUiie Manning havc known each other since 1991. They began dating \~4~~werc: 18 yc~ old and moved in with one another shortly after that. They both ... ,1;\W. ~'wef~ I:IfQblm,Js throughout their relationship. Carrie reports that the major ".~.ft1~'~ ~~~ was Scott's ~ng behavior. Sbereports that Scott. ' , ',~~~ ag~t her protestations. However, because Scott prllmised to ~:.~, '::~g$htWce4 to become pregnant with Brook. According to Carrie, Scott .. .~ffifffla~chis dJinking behavior after Brook was born. l:"'~~("~'.4.~.t;,.~..., ' ~~~'~.:.~:i~~~~le5S,. Clmi,c decided to go to nursing school. Shortly thereafter, Carrie " ,~t ~th'Mlltthcw. It was after she became pregnant that Carrie and Scott ..: "' " :" -.%M~>, 2~~.995. Carrie reported that getring married at that time, "just '.,,, apmo~.r.' ~g to Carrie, there was no change in Scott's behavior during l: PF,io(oft;ime. Sh\l tol~ him that ifhe did not "straighten out" he should file for, , :y~~~ waC? DU\lly separations and reconciliations during the relationship, the ,!!~I:~~.~g approximately two years ago. ~'('''''' ".1" " .. i ~.~,!,;; <~ ~.~.. ",' . 'i!..:.;nt.S~1;:statcd Ih!U Carrie was extremely moody and difficult to live with. He .. " ., ~." ,,~r~ \Vas li})9i1ed and vel)' c?ntrolling. According to Scott, C~e wantf.d a o .;~ l~~ hOIDe and many other things that they could not afford. This would lead to ., . 'M4then ~w'd want to control me." Scott indicated that she would become ., '.,wJ#:i'l'l{ewould invite friends to the house and "have a couple of beers: She'd go l~~'~,ritoP and~ve a couple of beers." Scott reported that Carrie was against :. 'il#. admitted tt\at he would occasionally get drunk on weekends, "but not all the :. ," ~.~ ~-,:.',~.~: ',' , .' :1":': .:', . -:'/_, _I," 'kV:';~they separated for the last time, Carrie agreed to a shared custodial . "0 ," '. According to Scott, he gave-up most of his rights to financial assets and l#~ ~~\rder to hive an equal amoWlt of time with the children. He wants that " r 0 "tQ ~nPn\lP be~ause. "It's fair and I have a right to the children.~' Hereports . ,'.~m:~WaYli invQlved with the children. He has changed diapers, fed ~em and , tJ\~fH9 d~nqt feel that there is a good reason to c~ge custody given that the i~ ~ to' be adjusting well to the current schedule. In fact, Scott believes that it ~lS 'not Cm:rie who is unhappy with the current arrangement, but her mother. '.' ~;.r .\ ~ .fc, 1:Jl:'" " " I.-J, I. ; <jJ, '" ~'\'l'r" i;li-l ,;r' ,,', ;~fj. .); , '." . ;~;11. r'HII"~;;'. ," - ':" ;~1 ,::-:!_.::, .; ," . ~ .' : ,-j",,; )',;~,. '.' :~: M~np'iDg Y: Manning .;r". P 3" ,'fA, ' age " "Hi ;_"' ; i~t: :t; :"i~~ ~.llI1tll tq ~~ve primwy custody of the children. C~e is extremely ~ ~ ~"t ~ Sl!fc..tY of the children ~hen they are with Scott.. According to Carrie, t$eott;~:~tIy "(lien he has the children. Not only does he drinks when they are ~:~ fU~~n, but she ~ieves that he will also drive with the children in the car after ~~~:~g; ,Corrie alleges that the individuals with whom Scott socializes also ' :,,~yjly when the; phildren are there. Scott will tell Brook adult information which .. " . >4ri..~~ uP~~,A.CC()fding to Carrie, Scott has told Brook and Matthew that she is ') "..,. ~'~)'oua\Vay from daddy." Carrie believes that Scott "runs the children all '~'~~~~:~~cY are in his company. She does not believe:: that he follows any t;.r ~,:'}\" .,.,>.' . ~. ~~ ".-, . '" - " .. . ~ ~ j~;j:;:}eamr st&ted that ,she was always uncomfortable with the shared arrangement t. ~,:om~:~.didnlltf~ that she could ~rove that Scott was an UIlfitpar~t More. , ,~'~9 becJun\l aware ofan evenmg when Scott had taken the children to a. .fti~tf"Iw~~, WhileJhere, all of the adults were drunk and left the children unattended. I il" ' ')i1P.Ptl1~ ~ti'!1~~F1y arrived the next morning and took the children from the: ' '," ,'~i'~ CI\IIlC for the children later that day and Carrie returned them to him. It "." ~ that incident that Carrie decided that she needed to gain primwy custody. .1.N~':-, . ';'., '.<" . ({ : '. 1 :'~! , , ~~~tion ll1ldAnl\lysis: . ,~t/;~>:;~:~ior aII~gation in this case is that Scott Manning drinks llIcohol when he has , "~~Wl~1!nd, as a~on of his drinking, does not closely sup~se the children. He ~iJr~,~ 'tiu:zn w potentially dangerous situations by driving after he has been . .~&~1&!,not tnAlc1l'1g the children wear seatbelts when they are in his truck, and by ~a ~tl,1c::r f.ypes of poor judgement. According to Carrie, this is a continuation of the '~it~~~~cott c:mibited during the marriage, but that she felt unable to prove until ,v','" 1 ' . 'f!" . ..... . , . .., , , t'" \;."..." .;. i~'''::~S~ttinitiaIly denied that he ever drinks when he has the children. In fact, he stated ~M Win often go for a.w.eek without even having a b~er. . At o~er ~es, he may drink :to;~ ~ofbeer at a SItting. After fwther confrontallon In the tnteIview, Scott . .,' .~thcrc may have been "a couple of times" that he drank when he had custody f;~'~>Howcver, h~ denied ever being drunk or exposing them to a dangerous 'P~~' I;Ie })QJjcved!Qat there was nothing "'Tong with having a couple of drinks when , . '~the ~~dren and aIleged that Carrie also drinks when the children are in her J. ,., .",: . . .-,e ':,' j,.~:" t' r 'I'. ",';.'" .~, , . " ~:;~ ':~:. ; 'ii I: .:.tl". ~f7~i,'t,m) E< , , . ~J.eff.-~~.:1.; - ~(,. " ", 'ii<(! ;.h,~-~:. " 1-~' '". . _, ~'~"{";" ')-" ~-'l'tT;~r~. ..f,.I! .' .' , ; ~.'~~!I~~.<<h ~~nip. f1 v. .:.MlIIU1ing , 'tm~~B:i '~a~e'4;r::' , ;t!;;~;\l! M'~~:':" ~rq?J. --;1' c ' . :~~l)}u' f;',~:: ': . 'ScO~ Jlas !llong histo'r of drinking and alcohol related problems. He admitted to .5.~Jil ~~g lIlIll,~er and bemg arrested for Wlderage drinking. At that time, he lost his . .{~~l' ., ~cq tb,r.?Odays. ,Howe~er, ~e w~ subsequently arrested "several times" for driving 'f.1f~ijf ,,!Pl?~~~~~ ~ Ipst his dri.vers. IIcen~e "alt?getller." He cWT~n.t1y uses a '::1/,,11 ',' . ~1:mIUY. lIcense and must lIst hiS vehicle With the local authonties. Scott added that ;'~~f.~:" ~:qf~,~'.q1!~stook place p~or ~o. his becoming 18 ~ears old, so he ~ttributes. them to '~1.(tit;, ' , <.1!'8~)!:l.v.g:tilJl, . Nonetheless, his driVing problems conttnue and he admitted earher that .:.~~ft~ :;(1;:,' ':~~a!major~Sj1e in the demise of his marriage. i;; .~~ :'\~{', ,'}tj~. iplpPflltnt to n?te that during the ~terviews with Brook, she spontaneously s.f\,;t~.' .. i"'_'~f,~, ~ beer all of the tune." She was able to relate that her father i~', . ~ .~;~ f'orn~s In ~e car ~er he has been drinking. Furthennore, in an . .~~~ '., r1V. ','.~!-f\',1Jle children s babysitter. she related that Brook has stated that her father IS ;i~Yi " :. . ~g ~:' These admissions by Brook tend to con~ct Scott's statements ;~~;' ~"f~ji~y~uoCcasionaJ1y" when he has the children. Furthennore, Scott's initial $;W~ '~ '!f.M~Jqng 3t lill.when he has the children leads one to feel that Scott is in denial ; ;"~:'l ' , . .,; .. ~Wi.~g ~vior. H~ has contradicted himse~ ~d Brook, ~ho loves her p: ~J,;~:~ ofm. bob,"". ,,,"""" "", tho drinking ofb""..Jm"" on ~l::~~i J;~' ;I~ ~S~tt's denial of drinking as a problem in his life, or as a daily activity in his ~.t,r:~ii'i:Jif~ 1hlIt leads to the greatest concern in this evaluation. Scott did not change his behavior ;'i.$lj,: .. ~-~ Y9\IUJ.\Wodlost ~ li~. He did not want to change his behavior during his ~'~';i" .,'.', ,lP,'#.~rd,ationship. Now, he continues to drink when he has c~ody of '~~. : . c1UJ~~~d '~p.UId pptentially lose them. Yet, he remains in denial and defiantly states , ,.~~.~~.?:}~~&;~iie wr~g with drinking while he has the children, "if I don't abuse it." ~~t,~' ;6L.:::S~~~ MMPI-2 results ar~ pertine~t with respect to this issue. To his credit, Scott ~~.;{;~,r\." J'}I~qpen apprQach to answenng ~u~stIons o.n thiS test. Ho~ever, two scales are !If;, /... " . "~~,~X(: tp~,1lQ!'JlI!Il range. IndIViduals Wl~ these eleva~o~ are often label~d as , '.. ;'fhCY seem resJIess and have excessive energy. Similar men have a difficult "X:, - ,.~ ~~~on and are likely to be imp~si~e. Th~y ~~bit a minor history of ,~~:q'^ ".' . ~ l'l,l1es, 'but llIso can appear to be farr tntnded mdiVlduals. These men are i ,f;!~;" . h~'J9 ~lf indulgence and they can exhibit emotional lability. Interpersonally, they tend ~,.{~~r .. . ~ be ~~~'lUld fl:iendly, ~ut their relationsh!ps m~y be somew~ superficial. . They !t;i::;)~' ,. ;;pay.expcn~ce SOCIal ~nflict due to an assertive attitude. Most Importantly, this profile ~.ft~" '~.~ ~~' ~iated with alcohol abuse or dependence. Ij;Ll...., rt,..' . I' '~>t;;"~, '3~-',' ,,'"f, "I .,,' ;'.',~' ,.'~ "\- I, ",' ;;~ ,'(' ~ " I. " : I; .c-. 1'-,1' l,~,.-;..\ tl' '!.~. . '."'~\'",''' (~ .' ", <,,\,1' ., t-, ,\: ....\ 'J,,' ~"" . ->~~'~_.'li' \,. . c.' . I"'~':""";' ,;.' ...,_. .: " , <,\':/'!~1" ~~~VMlUU1ing' ,'t?,.' 'D ' S.fl., , , ..~,..::,....~, ",,:age , ' . ' t " (, \_ ~4~'( '/~ .. . , ';;~~(q; t;::' .. Oil the other hand, Came's MMPI-2 noted that she took a somewhat defensive ~...~~(~:,r.~ ': .;~l<9.. .~~~~ q\lCStions. !his is actually the more common response set in custody ~'llIllJo!~' ~~~:t:Iridivid~ @I'C tIymg to look there "best," and tend to deny even common IS~~:$ ",' " ~fJiWics. lf9wever, her profil.e ~ay also in~ic.ate a genuine I.ack ~f insight and lI't'I..'.,' ~},} . !!,~. '. ~ :~,rJ1C pro~~ scores are wltlun nonnal limIts. Wom~n WIth this profile may , ,,:.)~ .. !J~mt;Jp'nAI ft~nl1l!me VAlues, but they are generally effectIve, well-functioning . ..4, 'yj(JIJ8!,: I ":'r. ' .'" ....~.1.. , J" ;;. '.". :' , r.'O\" v.;". ' . ":~"'I"~h l~~;, . ~> . ;.. , 'ft I,. I, '~)~;: ~.~cp~:!>OiJ:!~d eM, an~ Came concurred that the children have adjusted relatively ~;!~ to'~,p~t'll Aiwrcc and the shared custodial schedule. ' Brook is described as a '~~~l~~', ;~ ",' ;,o~~~li~~girl ~ho has ov~rcome ~me initial social p~oblems and. now enjoys .~~. ...' ~,J;ur,r fricq~.',She IS progressmg wellm school. No partlcular behaVIoral or ~;~)., '", tiBP,aJ,PfOQI~ were noted. She expresses herself well and.has met ~ of~er . l~~t~~ :~.~~;}~;Uuuleswnes. She loves botll of her paren~ and enJoys spending tIme WIth iir~t · '\~\>~Q~g hermt(:rac;tions with each parent demonstra~s that Brook is able to push , ~ 'l.' ~~~,~PfJatJu:r;than her mother. In fact, Scott did not enforce threa~ and , ';0:';,' ' " , he lie! in !Ill)' ctansistent fashion during the observatio~ made of him with the !Si. ; , ':f~, or in:~ office. Carrie, however, demonstrated the ability to set a , :~~~ ' ,1~jt ll11.4foUo}y ~ugh on the children obeying the limit. Both paren~ . .")~;. _. . .... ,~~ ~e-out and spanking in order to discipline their childrep. .' .. , . ;"t! ," . . , ll1so"~ as suffering no behavioral or emotional problems at this time. , .v \ ;, : '''':p'~~' w~~so made by the babysitter. She indicated, however, that it is I' '.'" ,~.. ...)~'l1....V.~I" :foithe c~ to be tired when they come to her home. She could not state : ','. ~;, ~ .~.~bl~ was more-consistently a result of one of the parent's care as opposed to the ~g:'~ ~f~~": "'~: .;'. ' ' i~?\~' l~:;:; ;'i~ WlIS pneimJlOrtant safety issue found on the visit to Mr. Manning's ~de.i~~~;l!.e,~ llll!rMgpn cabinet in the master bedroom which is .unlocked. it\l~~pom~ out that the guns were unloaded, there were multIple boxes of ,~~~QidirecUy om, to the gun cabinet within full sight. Additionally, there were ., ~ws lWQ arroWS, a baseball bat, a club and a martial arts weapon nearby. With a . '~'~Wt 'cin ~ part of the children. t1ley could obtain any of these items. No safety , "..... ,w~i.1o.tejl at Carrie's home. ~,~', j , ',' ~"" /, .. . ' 'tf-,:' " '..; ,; ,:'.' ~ !?t> . ,,;\~~' ;.~' ~ted,; Carrie and Scott n~w share physi~al c~s~ody. of the children o~ a weekly . .t~, $.,;~~h hav~ the OpportunIly for an evernng VISIt twice a week on theIr non- i!.y, "~ '., 'week. Additionally, because Scott works long hours on many days, the children .. .. f~" . .' f' .' ';'., , ' i~t' ";1;'~ ,', ",:" , ~ .t.: ':J"; ". '<',( "'I," ... :~ ,~j':'''-:~:;:~ . ~ " ~'\:,:;r:~;:. .~~-..?J' \. ;'. ~~i.~::..:tr i ::.;~H:\~~'fl' X~i:' T1ie Umiting of physical custody does not eliminate the problem of drinking alcohol ~",^-""!' '~tI,tP.chi1~ arein Scott's custody. Limiting the times does reduce the opportunities ~,.~~,i~';I;!~ ~~~~~~:;:'~';:~:':::l::;:=::'=~"Y ~l.l}~ :rnlPO}!'9f.!4i~~~ ~g, or drunken be~avior, then visitation shoul~ ~ fwther 'iirA~,~~l;~ ~"'~ this, It ~ hoped that Scott aVOIds such co~uences. The children .i:i::..'t '. v~, W~ wi~ theif father, and he loves to be with them. However, the chronic e~sure "~:'J~ i' ,"bi$ ~g behavior is not only a bad model for the children, but an on-going threat to :'. .;~~. ~ ~~~e1l.~. Additi?nally, Scott ~eeds to insure ~ all weapons in his , 'f:>ti, .~Q~.:~ ~~~"'~~, Jnloc~ed ca~mets or co~tamers. ~e should msure th.~ ~h . ,~~!-:' ~~tlp$'~~ unmedlately. ObVIously, ~th respect to the drinking, n~lther ~f~~{~: ~~~ ~ould use alcohol when they are solely responsIble for the welfare of the children. I,;~\~L,' " . Q L ~:!'t,,~-~'J~r.,. / / . 0 en-... ',-i' (~,(~ ,; !( f p, j;: I.~ f7 1\) ",~ \ J<~i\" . . Dated : Arnold T. Shienvold, Ph.D. ~" :J<rt: ./l'-L 1 ~ . 'f';; . <.,11 ',' , .11;.." ..:.', r : 1'<', ... 1J' . ~~1'."" _ ~',: '~.J',"~ .. MATTHEW S. MANNING, Plaintiff V5. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 97.3368 CIVIL TERM CARRIE ANN MANNING, Defendant : IN CUSTODY PLAINTIFF'S PRE-HEARING MEMORANDUM I. HISTORY OF THE CASE: The parties in this custody action lived together for ten years of which they were married two years. They are parents of Brooklynn L. Manning. born August 29, 1993 and Matthew S. Manning, born July 5.1996. The parties separated in 1997 and Matthew S. Manning, hereinafter Father, filed a Complaint for Custody. A conciliation was held and after that conciliation a temporary Order was entered on September 3, 1997 permitting the parties to equally share custody. The parties amended their conciliation agreement by Stipulation entered as an Order of Court on April 30, 1998. The parties continued to share custody on a week on/week off basis. On January 13, 2000, the parties stipulated to the entry of another Order, this SAlOIS SHUFF. FLOWER & LINDSAY one providing primary physical custody to Mother and partial custody to Father on alternating weekends and altemating holidays, ^1iOR~'[,'S.^y.L\~' 26 W.lflghSlrrt'1 C.ullslr, PA In November. 2001, Mother filed a Petition for Modification averring that Father was intoxicated during periods of partial custody with the children. In response, a conciliation Order was entered forbidding both parties from consuming alcohol or being under the influence of alcohol when in custody of the children, \~ ... ~\\\. MATTHEW S. MANNING. Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 97.3368 CIVIL TERM : IN CUSTODY V5. CARRIE ANN MANNING. Defendant CERTIFICATE OF SERVICE AND now. this ,J 7 day of A( ll...L-- . 2002, I, Carol J. Lindsay, Esquire, of the law firm~ SAlOIS SHUFF FLOWER & LINDSAY. Attorneys, hereby certify that I served the within Plaintiff's Pre-Hearing Memorandum this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Sally J. Winder, Esquire 701 West King Street Shippensburg, PA 17257 SAlOIS. SHUFF, FLOWER & LINDSAY, P.C. Attorneys for laintiff By: ire SAlOIS SHUFF, FLOWER & LINDSAY ATTORNEYS'AT'UW 26 w. IIIl,h SUttl C,ullslr.PA /t:J ~r: c r::: -. .' ~ ) ,- " " . - , , , '" :--.i -.,. , , ,.~ . , / l'1 , , 2 :_1 --' , , , MATTHEW S. MANNING Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY PENNSYLVANIA : CIVIL ACTION - LAW : NO. 97 - 3368 CIVIL TERM v. CARRIE ANN MANNING Defendant : IN CUSTODY ORDER OF COURT AND NOW, this :' I'll day of July, 2002, upon consideration of the attached Stipulation and Agreement of the parties and their counsel, it is ORDERED AND DIRECTED as follows: 1. The Mother and Father are the natural parents of two minor children, Brooklyn L. Manning. born August 29, 1993, and Matthew S. Manning born July 5, 1996. 2. Carrie A. Manning and Matthew S. Manning shall enjoy shared legal custody the minor children, Brooklyn L. Manning and Matthew S. Manning. ~ 3. Mother, Carrie A. Manning shall exercise primary physical and residential custody of the minor children, Brooklyn L. Manning and Matthew S. Manning. 4. Father, Matthew S. Manning, shall enjoy periods of partial custody and visitation as follows: A. On alternating weekends. beginning Friday. July 12,2002, when he shall pick up the children after work and return them to Mother on Sunday at 4:00 o'clock p.m. During such times of alternating weekend partial custody. the children shall spend the night and sleep at either the residence of Nancy Shank or Evelyn Manning, and not at any other residence, If neither Nancy Shank or Evelyn Manning are at home on a Friday or Saturday, Mother may pick up the children at 8:00 p,m. returning them to Father the following morning at 9:00 a.m. B. On two weekday evenings when he shall pick the children up after work and return them to Mother by 7:30 p,m. It is understood that such visits shall not interfere with school related activities, , C. Father shall assure that the children have no contact with Jerry Rohrer either at his home or in any other place. D. The parties shall allow each other liberal telephone contact with the children during all periods of partial custody. E. The parties shall refrain from any comments or remarks to the children which would tend to alienate the affections of the children or be derogatory of the other parent. Additionally the parties shall refrain from all statements or comments to the children that they should not tell the other parent where they are or what they are doing while with him or her or similar comments which would tend to make the children believe that any behavior by a party should not be made known to the other. 5. Neither party shall consume alcohol or be under the influence of alcohol or illegal drugs when they have custody of the minor children. 6. This Order shall super~ede all prior Orders of Court entered in this matter. rj. 7. Summer Vacation: Mother and Father shall accommodate requests for summer vacation time with the minor children. Father shall make his requests for vacation with the children, to be taken in no greater than seven day segments, known to Mother by May 151 of each year. All prior Orders in this matter are vacated. By the Court, (oPY 91vfn c!.aNi L,oti."y [<;;'6 [;<<lIy tj,c'/v ES; I p /(( y-{:.;R.JI- onr , .' " r\'" .,' . -- . "~I "'\'. , .' ,~ ,\ " ~, \ C","" ,.,," \.j\~' ~ " ,..' .,,-] \ ,." \"\;'1 ~\ .- \ i I I I I 1 , ".' '1,,,,,,,,,,,,,,,,,,"'''''-~h..'~.2200 ""'m"~~"~' rtJiI.~" "'''"~''.H~~4''.'j.'.''\'i''';;'l',.W[~..'.~''''li~' "'.:."!1, ' ""'"1m "",,., ,., 7)' "~,, .;' ,. .....' , 21lO""~-"F'H." , . ,,' h~ :';"""'l"e'''.," " ~'1. .(~- it" - :~Il:"^~' -f-c,......cr.:'l'.>:'.?i.. I . ~..'~;-! . -il\!-~;1\~~~;!,,~~'~~_;':2,'~'.z'/~~;i~..;;\~~;~Jt:";~~~~\.-JBr~~_~.:~:.?"F~~~1'il'~~';:~;;:-'4"t;;..;f", ' .~".... -..,...,.- -... -. -...."... ...~" U IOI:t...~. "'~"""'''''-''-'''''~'''''.'''''''''''''''"I.''~i\'' NEIL BOYD, . IN THE COURT OF COMMON PLEAS . CUMBERLAND COUNTY, . PENNSYLVANIA . . NO. 98-4389 . . CIVIL ACTION. LAW . IN CUSTODY Plaintiff V5. JILL H. BOYD Defendant CElnlFICATE OF SERVICE I. Wendy L. Shive. Legal Assistant to Jennifer L. Frechette. Esquire. hereby certify that on the date set forth below, I served a true and correct copy of the Order scheduling a Custody Conciliation Conference upon Jill H. Boyd, Defendant, by depositing same. postage pre-paid, Certified Mail. Return Receipt Requested as well as via regular mail in the United States Mail, Harrisburg, Pennsylvania. addressed as follows: Jill H. Boyd 2168 Chestnut Street Camp Hill, PA 17011 .... Date: 7 It / ()) . , MATTHEW S. MANNING, Plaintiff Vo CARRIE ANN MANNING, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO: : CIVIL ACTION - LAWi : IN DIVORCE/CUSTOI~Y NOTICE TO DEFEND AND CLAIM ~IGHTS YOU HAVE BEEN SUED IN COURT, if you wish to d~fend against the claims set forth in the following pages, you must take prompt action. You are ~varned that if you fail to do so the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgement may also be entered against y6u for any other claim or relief requested in these papers by the Plaintiff. You may lose mol important to you, including custody and visitation of your child When the grounds for a divorce is indignities or irretriev~ you may request marriage counseling. A list of marriage counse Relations Office at the County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM ley or property or other rights rea. ble breakdown of the marriage, .ors is available in the Domestic DIVISION OF PROPERTY, 0tNNULMENT IS GRANTED, YOU SHOULD TAKE THIS PAPER TO YOUR LAW~ER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FIND OUT WHERE yol~ CAN GET LEGAL HELP. OFFICE SET FORTH BELOW TO LAWYER REFERRAL SERVICE COURT AOMINISTRATOR 4th Floor, Cumberland County Cou~house Carlisle, Pennsylvania 17013 (717) 240-6200 MATTHEW S. MANNING, Plaintiff Vo CARRIE ANN MANNING, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAWi : IN DIVORCE/CUSTODY COMPLAINT 1. Plaintiff is MATTHEW S. MANNING, an adult indix4idual residing at 2 Hill Drive, Newville, Cumberland County, Pennsylvania 17241. 2. Defendant is CARRIE ANN MANNING, an adult individual residing at 2 Hill Drive, Newville, Cumberland County, Pennsylvania 17241 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this co~plaint. 4. The Plaintiff and Defendant were married on May 28, 1995, in Newville, Pennsylvania. 5. There are two (2) minor children born of this marriage: Brooklynn L. Manning, born August 29, 1993; and Matthew S. Manning, Jr., born July 5, i996. 6. The parties separated on June 15,1997. 7. The marriage is irretrievably broken. 8. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. Plaintiff has been advised that counseling is available and that Plaintiff has the right to request that the court require the parties to participate {n counseling. COUNT I - DIVORCE NO FAULT 10. The averments in paragraphs 1 through 9, inclusive, of Plaintiff's Complaint are incorporated herein by reference thereto. 11. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiff requests entry of a divorce de~ree in his favor in accordance with § 3301 of the Pennsylvania Divorce Code. COUNT II EQUITABLE DISTRIBUTIO1~ 12. The averments in paragraphs 1 through 11 incorporated herein by reference thereto. of Plaintiff's Complaint are 13. The Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff requests this Court to equitably divide said property in accordance with Section 3301(d) of the Pennsylvania Divorce Code. COUNT III CUSTODY 14. The averments in paragraphs 1 through 13, inclusive, of Plaintiff's Complaint are incorporated herein by reference thereto. 15. Plaintiff seeks majority physical custody of the fbllowing children: .NAME Brooklynn L. Manning Matthew S. Manning ADDRESS 'DOB 2 Hill Drive August 29, 1993 2 Hill Drive July 5, 1996 One child was born out of wedlock. The children are presently in the custody of both parties who resides at 2 Hill Drive, Newville, Pennsylvania. During the past five (5) years, the children have resided with the following persons and at the following addresses: PERSONS Matthew S. Manning Carrie Ann Manning ADDRESSES 2 Hill Drive 2 Hill Drive DATES August 1993-Present August 1993-Present The mother of the children is CARRIE ANN MANNING, currently residing at 2 Hill Drive, Newville, Pennsylvania. The father of the children is MATTHEW S. MANNING, currently residing at 2 Hill Drive, Newville, Cumberland County, Pennsylvania. 16. The relationship of the Plaintiff to that of the children is that of father. Plaintiff currently resides with the following persons: NAME Carrie Ann Manning Brooklynn L. Manning Matthew S. Manning RELATIOI~ 'SHIP Wife Daughter Son 17. The relationship of the Defendant to the chilflren is that of Mother. The Defendant currently resides with the following persons: NAME RELATIOI~SHIP Husband Daughter Son Matthew S. Manning Brooklynn L. Manning Matthew S. Manning 18. Plaintiff has not participated as a party or a wit other litigation concerning the custody of the children in this o ~ess, or in another capacity, in another court. Plaintiff has no information of a custody proceeding coficerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to th~ proceedings who has physical custody of the children or claims to have custody or visitation ri,hts with respect to the children. 19. Father plans to relocate to paternal grandparents' residence upon receipt of order outlining custody. 20. The best interest and pemianent welfare of the chlldren will be served by granting the relief requested because: a) The Father desires to maintain a constant and loving relationship with his children. c) Father is able to foster a good relationship between Mother and the children. d) Father is able to provide a stable environment for the children. 20. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, the Plaintiff requests the Court to giant FATHER shared physical custody of the children. Attorney fo~ 549 Bridge New Cumb~ mple-S~'~ivan, Esquire Plaintiff ;treet rland, PA 17070-1931 (717) 774-1,[45 Supreme Cc/urt I.D. No. 32317 MATTHEW S. MANNING, Plaintiff V. CARRIE ANN MANNING, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO: q~' ~$~i ~ ~ : : CIVIL ACTION ~ LAW : IN DIVORCE VERIFICATION I, MATTHEW S. MANNING, hereby certify that the facts set forth in the foregoing COMPLAINT are true a~d correct to the best of my knowledge, inform&tion 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: MATTHEW S. MANNING, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : 4? v. : NO: - .3 56 ?( : CARRIE ANN MANNING, : CIVIL ACTION - LAWl Defendant : IN CUSTODY O~ER OF COURT AND NOW, C~ [ ~ Icl-I , upon consideration of the iattached complaint, it is hereby directed that the. p._artj.es and tl~eir resvective qg_unsel appear before ~l~ok-,~e~c-& xd ,C~{co~.:lff{. the concd~ator, at c~u-n~e~cc, a co.c~c:o.~e- on the ~ d~y of ~, 1997, at~_/L., for a Pre-Hearing Custody Conference· At such conference, al, effort w,ll 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 conferenc~ may provide grounds for entry of a temporary or permanent order. ' FOR THE COURT, By: 2:{0 Custody The Court of Common Pleas of Cumberland County is requi American with Disabilities Act of 1990. For information reasonable accommodations available to disabled individuals h~ please contact our office. All arrangements must be made at le~ or business before the court. You must attend the scheduled c~ :ondiliatoro~,b~j ' _ :ed by law to comply with the about accessible facilities and tving business before the court, st 72 hours prior to any hearing nference or hearing. YOU SHOED TAKE THIS P~ER TO YOUR LAiRI AT ONCE. IF YOU DO NOT HA~ A LAiR OR CABOT ~O~ ONE, GOl TO OR TELEPHO~ THE OFFICE SET FORTH BELOW TO FIND OUT ~E~ YOU CAN GET LEGAL HELP. OFFICE OF ~E COURT ~MINIS~TOR COUR~OUSE, 4TH FLOO[ CA.ISLE, PA 17013 (717) 240-6200 MATTHEW S. MANNING Plaintiff V. CARRIE ANN MANNING, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND~COUNTY, PENNSYLVANIA : : NO: q7- 3~ : : CIVIL ACTION _ LAW : IN DIVORCE~ AFFIDAVIT REGARDING COUNS~LINC 1. I have been advised of the availability of marriage counseling and understand that I may requestithat the Court require that my spouse and I participate in counselkng. 2. I understand that the Court maintains a list of marriage counselors in the Domestic Relations O~fice, which list is available to me upon request. 3. Being so advised, I do not require ~hat the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements here~n are made subject to the penalties of 18 Pa. C.S.A Section 4904 relating to unsworn falsification to authorities. Dated: MATTHEW S. MATTHEW S. MANNING, : IN THE COURT OF C( Plaintiff : CUMBERLAND COUN v. : NO: 97 - 3368 Civil : CARRIE ANN MANNING, : CIVIL ACTION - LAW Defendant : IN DIVORCE/CUSTOI~ AFFIDAVIT OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certif Complaint In Divorce in the above-captioned matter by United Certified No. P 425 986 241, Return Receipt Requested, on the A. Manning, on July 8, 1997, at Defendant's last known addr 17241. A copy of the original receipt and return receipt card Dated: July 14, 1997 549 Bridge New Cumb~ (717)-774-1, Supreme Co IMMON PLEAS I~Y, PENNSYLVANIA that I served a copy of the ates Mail, Restricted Delivery, hove-named Defendant, Carrie ss: 2 Hill Drive, Newville, PA are attached hereto as Exhibit ?e-Sulliva~ ,treet rland, PA 17070-1931 ~45 art ID #32317 SENDER: · Complete items I and/or 2 for additional services. · Complete items 3, 4a, and 4b. · print your name and address ~ the reverse of this form so that we card to you. · Alt·ch this form to the front of the mailplece, or on the back if space permit. · Witte'Retum Receipt Requested' on the mailpiece below the a~licie · The Retum Ranelpt will show to whom the allicte wes delivered ant delivered. 3. Article Addressed to: 2 ~TTT.T, DR~VB NDN'VTT,T,~. PA 17241 5. Re. qeived By: (Print Name). 6. S~gnature.~Addressee or Agent) PS Form 3811, December 1994 P 425 98 US Postal Service Receipt for Ce No ~nsurance Coveragt Donor use for Intemeti~ Seat to does not number. the date I also wish to receive the following services (for an extra fee): 1. [] Addressee's Ad.d~'ass 2.~ Restricted Delivery Consult postmaster for fee. ~3.. A~cle Number P 425 986 241 Cb. Service Type [] Registered ~[~ Certified [] Expre~ Mall [] Insured [] Retum Receipt for Merchandise [] COD 7. Date.o~D_eli?ry ~ ~ Addressee's Address (Only if requested and fee is paid) Domestic Return Receipt :ified Mail Provided. 1997 MATTHEW S. MANNING, Plaintiff V CARRIE ANNMANNING, Defendant :IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY~ PENNSYLVANIA : :CIVIL ACTION - LAW : :NO: 97-3368 CIVIJ :IN CUSTODY COURT ORDER AND NOW, this (5 day of October, 1997, ~onciliator being advised that the parties have reached an agreement, the Conciliator relinquishes jurisdiction. Hubert X. Gil~ Custody Conci. [iat~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MATTHEW S. MANNING, Vo CARRIE ANN MANNING, : NO. 97-3368 PLAINTIFF : : : CIVIL ACTION - LAW DEFENDANT : CUSTODY STIPULATION REGARDING CUSTODy THIS AGREEMENT is made this __ day of , 1998 by and between CARRIE ANN MANNING, (hereinafter referred to as "Mother") an adult indivi~lual residing at 2 Hill Drive, Newville, Pennsylvania, and MATTHEW S. MANNING, (hereinafter re~erred to as "Father") an adult individual residing at 1820 Mountain Road, Newburg, Pennsylvania. WITNESSETH WHEREAS, Mother and Father are the natural parents of two (2) children, Brooklyn L. Manning, (bom August 29, 1993), and Matthew S. Manning, (born July 5, 1996); WHEREAS, Mother and Father presently share custody of their children; WHEREAS, an Interim Order for Custody was entered the Honorable J. Wesley Oler, Jr. on September 3, 1997; and WHEREAS, the parties now desire to modify the September 3, 1997 Order and resolve all matters concerning custody which are before the Court. NOW THEREFORE, the parties intending to be legally bound, do agree as follows: 1. It is in the best interest of the minor children to allow the parties to share legal and physical custody as hereinafter set forth. tefff~S: I. 2. The parties hereby agree that an Order of Court shall be ent¢ CUSTODY red setting forth the following Legal Custody Defined. The parties agree that major decis ions concerning the children's health, welfare, education, religious training and upbringing shall be made by the parents jointly, after discussion and consultation with each other, with a view towards obtaining and following a harmonious policy to arrive at a decision that is in the children's best interest. Each party agrees to keep the other informed of the progress social adjustments. Each party agrees not to impair the oth custody of the children. Further, each party agrees to give su as parents and to take into account the consensus of the otb emotional well being of the children. The parties agree not t affections of the children for the other parent. Each party activity that could reasonably be expected to be of signific~ parties agree that the children will be encouraged to cont~ telephone at all reasonable times. )f the children's education and .~r parties' right to share legal ~port to one another in the role er parent for the physical and ~ either attempt or alienate the shall notify the other of any nt concern to the other. The ct their mother and father by B. Joint Physical Custody. Joint physical custody of the mir/or children shall be shared by Mother and Father. The parties shall share rights of physical custody as follows: (1) (2) (3) Weeks. Alternating weeks from Sunday through SUgday. The exchange time shall be 4:00 P.M. each Sunday. The children shall I~e dropped off by the parent completing their week of joint custody. Daycare. Because of the parties' work schedules Father's weeks when Mother is not working, Mother~, Father is at work. During Mother's weeks when Fatl care for the children while Mother is at work. Holidays. Alternating holidays from 9:00 AM thrt include: Thanksgiving, New Year's Day, Memorial the parties agree that during :hall care for the children while ter is not working, Father shall .ugh 9:00 PM, which holidays Day, Fourth of July and Labor Day, with Father's holiday to commence with Memorial Day, 1998. This holiday schedule shall supersede the regular joint custody schedule. (4) Christmas. a. Even years. In even years, Mother shall have custody each Christmas Eve from noon to 6:30 p.m. Father shall have the children each Christmas Eve from 6:30 p.m. until Christmas Day at 8:00 a.m. Mother shall have the children on Christmas day from 8 a.m. until 4 p.m. Father shall have the chilOren on Christmas Day from 4 p.m. until 10 p.m. ~ b. Odd years. In odd years, Mother shall have custody each Christmas Eve from Noon until 6 p.m. Father shall have the children each ~2hristmas Eve from 6:30 p.m. until 10 p.m. Mother shall have the children from 1~) p.m. on Christmas Eve until 8 a.m. on Christmas Day. Father shall have the children from 8 a.m. on Christmas Day until 4 p.m. on Christmas Day. Mother shall l~ave the children on Christmas Day from 4 p.m. until 10 p.m. (s) (6) Easter. The parties shall share custody on Easter Day. Mother shall have the children from 8 a.m. until 2 p.m. and Father shall h~ tve children from 2 p.m. until 8p.m. ~ Summer school vacation. Each parent shall be entitled to two consecutive weeks during the summer school vacation upon thirty (30) lays advance written notice to the other parent. ~ (7) Mother/Father's Day. Mother shall always have the right of partial custody on Mother's Day and Father shall always have the right[ of partial custody on Father's which date shall supersede the regular joint cu!tody schedule. Day, (8) .Notice. In the event either party is unable to exercise custody at any one of the aforesaid times, she/he agrees to provide the other pa/ty with at least forty-eight (48) hours advance notice. ' (9) Transportation. The parties shall share transportation in exercising the rights of custody set forth in the Stipulation. i Positive Relationships. Each of the parties and any third party in the presence of the children and the party shall take all measures deemed advisable to foster a feeling of affection between the children and the other party and neither w, ill do anything which may estrange the children from the other party or impair the chil~lren s high regard for the other party. Neither party s,hall do anything which may estrange the child from the other party or injure the children s opinion the parent or which may hamper the free and natural development of the children's love and respect for the othe~ parent. Consultation. The parties shall consult with each other as often as may be necessary regarding matters pertaining to the children, which shall include the following: (2) Access. Reasonable telephone calling privileges; access to report cards and other relevant infommtion concerning the progress of the children in school; approval of extraordinary medical and/or dental treatment provided that such approval shall not be unreasonably withheld; approval of summer camp and schools provided that such approval shall not be unreasonably withheld. Matters of importance. On all matters of importance relating to the children's health, education and welfare, the parties have the d*aty to confer with each other, with a view to adopting a harmonious policy calculated to promoting the children's best interests. This duty shall include the requirement th, at the parties advise and discuss with each other all important events in the children s lives, including by way of example, but not limitation to: school meetings, travel plans, medical condition, education progress and plans, summer camp arrangen{ents, extracurricular activities, vacation plans, etc. tmbers where the children may :nown to both parties and each .f possible, or telegram, of any te children are in her or his (3) Location. The residences, addresses and telephone m be reached shall at all times, including vacations, be l party shall immediately notify the other by telephone, illness or other emergency that may arise while ti custody. ' Alcoholic Beverages. Alcoholic beverages shall only be consumed by a parent when the children are in the opposite parents' care. o be entered as an Order of Court. IN WITNESS WHEREOF, the parties hereto, after full disclosure have signed, sealed and acknowledged this Stipulation. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: The parties hereto acknowledge and agree that this Stipulatiorl For Support and Custody shall Witness intending to be legally bound, ~I~ ANN MAI~N~NG - \ MATTHEW S. MANNII~G ACKNOWLEDGEMENTS COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF CUMBERLAND : On this, the __ day of , 1998, before me, the undersigned officer, personally appeared CARRIE ANN MANNING known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged tltat she executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official se:ti. (SEAL) Notary Public MCE: COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF CUMBERLAND : On this, the/E"A~ day of /~r,'/ , 1998, before personally appeared MATTHEW S. MANNING, known to me (or satisfa¢ whose name is subscribed to the within instrument, and acknowledged purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official se,d. Ime, the undersigned officer, torily proven) to be the person hat he executed same for the ~ ~ ~ 'c,~---- (SEAL) Notary Publ'ic MCE' I HELEN B. 8t-IULENBEFIGER I I ~ du~.~be oe-3-o2 1 I :,7 w. 1'4ev~t,e, 'I:IA 17241 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MATTHEW S. MANNING, Vo CARRIE ANN MANNING, : NO. 97-3368 PLAINTIFF : : CIVIL ACTION - LAW .- DEFENDANT : CUSTODY ORDER ADOPTING STIPULATION OF PARTIES AND NOW, to wit, this ay of I~. p r t _ ,1998, upon consideration of the foregoing Stipulation for Custody and on motion of Barbara Sumple-Sullivan, Esquire, counsel for Plaintiff, Matthew S. Manning, and Sally J. Winder, Esquire, counsel for Defendt~nt, Carrie Ann Manning, it is hereby ordered, adjudged and decreed that the terms, conditions and provisions of the foregoing Stipulation for Custody are adopted as an Order of Court ias if set forth herein at length. BY THE !COURT, MA~W S. MANNING, Plaintiff V$ CARRIE ANN MANNING, Defendant · IN THE COURT OF COMMON PLEAS OF i CUMBERLAN]D COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NUMBER: : IN CUSTODY AFFIDAVIT OF CONSENT 1. A eomplaim in divorce under Section 3301(c) of the I 23, 1997. 2. The marriage of Plaintiff and Defendant is irretrievabl, elapsed from the date of filing the Complaim. 97 - 3368 CIVIL TERM Divorce Code was filed on June broken and ninety days have 3. I consem to the emry of a final decree of divorce af~e request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 P~. C.S. section 4904 relating to unswom fals'dication to authorities. service of notice ofimention to Date: CA~'Rll~ ANN MANNING 3 MATTHEW S. MANNING, Plaintiff Vo CARRm ANN MANNING, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PE gNSYLVANIA : : NO: 97-3368 Civil : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUE~,T ENTRY OF A DIVORCE DECREE UNDEi~ §3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, diXt sion of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decr,~e is entered by the Court and that a copy of the decree will be sent to me immediately after it is fih :d with the prothonotary. I verify that the statements made in this affidavit are true and corre et. I understand that false statement herein are made subject to the penalties of 18 Pa.C.S. §4704 relating to unsworn falsification to authorities. MATTHEW S. MANNING, Plaintiff ¥$ CARRIE ANN MANNING, Defendant : IN THE COU~ : CUMBERLAN : CMl, ACTIO : : NUMBER: : : IN CUSTODY OF COMMON PLEAS OF COUNTY, PENNSYLVANIA N - LAW 97 - 3368 CIVIL TERM / WAIVER OF NOTICE OF INTENTION T° REQUEST ENTRY OF A DIVORCE DECREE UNDER Section 33011c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce wittlout notice. 2. I understand that I may lose fights concerning alimon,. fees, or expenses if I do not claim them before a divorce is grant, 3. I understand that I will not be divorced umil a divorc~ and that a copy of the decree will be sent to me immediately I verify that the statements made in this affidavit are tree false statements herein are made subject to the penalties of 18 Pa unsworn falsification to authorities. division of property, lawyer's decree is entered by the Court · it is filed with the prothonotary. ~nd correct. I understand that C.S. section 4904 relating to CARR1F~ ANN MANNI] MATTHEW S. MANNING, Plaintiff V. CARRIE ANN MANNING, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO: 97-3368 : CIVIL ACTION - LAW pRAECIPE TO WITHDRAW CLAIM FOR EOUITABLE DISTRIBUTIO]~ To the Prothonotary: Please withdraw Plaintiff s claim for Equitable Distribution from the Complaint which was filed on June 23, 1997. 549 Bridge Street New Cumberland, (717)-774-1445 Supreme Court 113 Attorney for Plainti above-captioned Divorce :ed, livan, Esquire [17070-1931 52317 MATTHEW S. MANNING, Plaintiff V. CARRIE ANN MANNING, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO: 97-3368 : : CIVIL ACTION - LAWl CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on thi~ correct copy of the foregoing Plaintiffs Praecipe to Withdraw Claim for in the above-captioned matter upon the following individual by first cl~ addressed as follows: Sally J. Winder, Esquire 701 E. King Street Shippensburg, PA 17257 //d~i54arbara Sumple-Su 9 Bridge Street New Cumberland, (717) 774-1445 Supreme Court I.[ Attorney for Plaint! date, I served a tree and Equitable Distribution, ss mall, postage prepaid, llivan, Esquire DA 17070 fi,No. 32317 'SEP 0 3 1997 MATTHEW S. MANNING, Plaintiff V CARRIE ANNMANNING, Defendant :IN THE COURT OF COMMO~ PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :NO: 97-3368 CIVIL :IN CUSTODY COURT ORDER , AND NOW, this ~__~ day of ~,~&~' , 1997, upon consideration of the attached Custody-- ~'ConciliatiOn Report, it is ordered and directed as follows: 1. The Mother, Carrie Ann Manning, and the Fa':her, Matthew S. Manning, shall enjoy shared legal custody of Brooklynn L. Manning, born August 29, 1993 and Matthew ~. Manning, Jr., born July 5, 1996. 2. The parties shall enjoy shared physical custc~ywith the minor children under the following schedule: A. An alternating week on/week off schedul~ with the day of change of custody to be Sunday eveniug at 4:00 p.m. However, during Father's week of having the children, Mother shall enjoy custody with the ~hildren Monday, Tuesday and Wednesday during the day while Father is working. During Mother's week of hav'ng~n the children, Father shall enjoy custody on Monday eyeing from when he is off work until Tuesday morning and o~1 Tuesday evening from when he is off work until Wednesday morning. cc: Be The parties may alter this schedule in agree. Absent an agreement, the abov control. The parties shall meet with the Custoc the 9th day of October, 1997 at i0:00 Conference. This Order is pursuant to an agreement reacl at a Custody Conciliation Conference and it i this is a temporary agreement. In the e detei~ine that this schedule as agreed ~ appropriate and either party desires a Couz issue, neither party shall be prejudiced by t the schedule outlined above when the Cc permanent order at a Court hearing. BY THE COURT, Sally J. Winder, Esquire Barbara Sumple-Sullivan, Esquire any way they may schedule shall Conciliator on ~.m., for another ~d by the parties s recognized that ~ent the parties :o above is not t hearing on the heir agreement to urt considers a MATTHEW S. MANNING, Plaintiff V CARRIE ANNMANNING, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW : :NO: 97-3368 CIVIL :IN CUSTODY i CONCInTaTION COb~-~W~ENCE SUM~ARYREP IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL ~ 1915.3-8(b), the undersigned Custody Concilia following report: 1. The pertinent information pertaining to the the subject of this litigation is as follow: Brooklynn L. Manning, born August 29, 1993 Manning, Jr., born July 5, 1996. 2. A Conciliation Conference was held on Augu~ the following individuals in attendance: The Mother, Carrie Ann Manning, with her Winder, Esquire, and the Father, Matthew S. counsel, Barbara Sumple-Sullivan, Esquire. 3. The parties agreed to the entry of an Ord, attached. DATE ub~ert X. Gi~j] Custody Conc~ ~T ~LE OF PROCEDURE ~or submits the ~hildren who are and Matthew S. 23, 1997, with ~ounsel, Sally J. ~anning, with his in the fo~m as ~.~,Esquire ~tor MATTHEW S. MANNING, Plaintiff CARRIE ANN MANNING, Defendant · IN TIlE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-3368 Civil CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Div June 23, 1997. 2. The marriage of the Plaintiff and Defendant is irretfievabl, have elapsed since the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after se: intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, di lawyer's fees or expenses if I do not claim them before a divorce is grant, 5. I verify that the statements made in this affidavit are true. that false statements are made subject to the penalties of 18 Pa. C.S.A. unsworn falsification to authorities. ~rce Code was filed on broken. Ninety days dce of notice of vision of property, ~'d. md correct. I understand ection 4904 relating to MATTHEW S. MANNING, Plaintiff vs CARRIE ANN MANNING, Defendant : IN THE COUR : CUMBERLAN] : : CIVIL ACTIO~ : : NUMBER: : : IN CUSTODY PETITION FOR MODIFICATIt COMES NOW, the Defendant, CARRIE A. MANNIN~ SALLY J. WINDER, Esquire, and does request the Court modiO Order between the parties based upon the following: 1. The parties are the natural parents of two minor bom August 29, 1993, and Matthew S. Manning, bom July 05, 2. Mother, under the existing agreement, shares cust~ alternating week basis, Sunday through Sunday. 3. Mother, in addition to her alternating weeks of cra children on Tuesday and Thursday of each week the children are after work until 08:00 o'clock P.M. 4. During mother's week of shared custody, Father Wednesday and Thursday evenings and is to remm the children evening. 5. The stipulation between the parties and the agreen the parent exercising custody or care of the children is not to con~ F OF COMMON PLEAS OF COUNTY, PENNSYLVANIA 7 - 3368 CIVIL TERM )N ?,, by and through her counsel, the Custody Agreement and dldren, Brooklynn L. Manning, }96. ~dy with the father on an ~tody, exercises custody of the n the custody of Father from is ~ermitted to see the children on al 38:00 o'clock P.M. in the ent between the parties is that ume any alcoholic beverages. of providing proper care and custody of the children at any time 7. Mother has refused to allow Father to take the chi previous dates in February 1999 because Father was consuming transporting the children while he was under the influence of alco unsafe for the children. Mother believes and therefore avers that father abuses alcohol and is not capable hat he is drinking alcohol. [dren from her home on two lcohol and would have been hol which would have been 8. Further, on Friday, March 12, 1999, Mother had t Ne children after work and was returning taking the children to Father for the evening to complet his week of custody until the following Sunday at 04:00 o'clock P.M. Mother had taken Mattl ~w to Carlisle Pediatrics on March 11, 1999, where he was seen by the'doctor and prescribed medication for his upper ,hen Mother took the children to ld's condition, provided him with tome with the children that evening. Father assured her that he was staying home - that he as not going anywhere. On Saturday, March 13, 1999, Mother received a telephone call and a~ent to the residence of her brother in Carlisle, Pennsylvania, where she discovered Father, i~ atthew S. Manning, hung over from having consumed alcohol and her children all in the house o :cupied by many other persons respiratory congestion and illness. On Friday, March 12, 1999, v Father, at 07:15 o'clock in the evening, she advised him of the ck the medication, and asked him to assure him that he was staying who were also in various states of intoxication or hung over frorr il in no condition to care for her ill children. Mother took the child I! and took them home where she determined that Matthew had nol i! that he was extremely ill. "~ 9. Mother has since discovered that at various times ii.! children or is in control of the children and is supposed to be pro, the consumption of alcohol and 'en from the location and Father been given his medication and ~vhile Father has custody of the 5ding for their care and supervision, he has been conmming alcohol and not been properl~ supervising or caring for the children. Father has, from time to time, had the children in his ve consumed alcohol and is incapable of sale driving, endangering m children, by these actions. 10. Father is residing with his mother and step-father arrangements for the children to have separate bedrooms wherea.. and does provide the children with a home where they have their 11. Mother has provided for the majority of the nurtm including their physical well-being and is in a better position to e~ residential custody of the children than Father. WIIEREFORE, Mother prays this Honorable Court ent~ and residential custody subject to Father exercising visitation and weekend basis. hide at a time when he had ~t only himself, but his minor md has not made proper ; Mother is capable of providing own separate bedrooms. ing and care of the children, ercise primary physical and an Order awarding her primary lartial custody on an alternat'mg Respectfully submit[ ~ J.~Vlnder, E~quire Attorney for Defe~ dant VERIFICATION I, CARRIE ANN MANNING, verify that the statement., and correct to the best of my personal knowledge and belief. I un herein are made subject to the penalties of 18 Pa. C.S. Section 4~ falsification to'authorities. CARRIE A made in this Petition are tree terstand that false statements 09, relating to unswom NN MANNING MATTHEW S. MANNING, Plaintiff V$ CARRIE ANN MANNING, : CIVIL ACTIOI~ : NUMBER: : IN CUSTODY IN THE COURT OF COMAMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ~-LAW ~ - 3368 CIVIL TERM Defendant : ORDER OF COURT AND NOW, ~ ~'~ , , 1~99, upon consideration oftbe attached Complaint for Modification of Custody Order, it is hereby directed that the ~arties and the4r respective counsel appear before ~t:~ ~, ~'~f ~6q~ ~,fl_ ¢, the Concili, tot, at ' ~'1 day of"/t'ACA"~ ,1999, at ~, ~C3 Cl.m, for a Pre-Heating Cu,tody Conference. At such conference, an effort will be made to reso} re the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be ht ~d by the Court, and to enter into a temporary Order. All children age five or older may also q ~e present at the ¢onferenoe. Failure to appear at the conference may provide grounds for ent ~¢ of a temporary or permanent Order. For the Court, Custody C~ndliatSr - YOU SltOULD TAKE THIS PAPER TO YOUR LAwYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPltONE THE OffiCE SET FORTII BELOW TO FIND OUT WHERE ~ ~OU CAN GET LEGAL HELP. OffiCE OF THE COURT ADMI1HSTRATOR COURTHOUSE, 4TH FLOOR CARLISLE, PA 17013 (717) 240-6200 MAY ! MATTHEW S. MANNING, Plaintiff V CARRIE ANN MANNING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 97-3368 CIVIL IN CUSTODY COURT ORDER AND NOW, this ~ [~ay of May, 1999, upon consideration Conciliation Report, it is ordered and directed as follows: Both parties in the above case may engage custody . evaluation of the custody situation in this case. Ea themselves and also provide the cooperation of the evaluations. Each party shall pay for the evaluation of th they personally retain. However, any evaluation done s independent evaluation and the evaluator shall have the ab for both parties all information relating to that evaluatior this information will be shared at the conclusion of the ew are produced. Upon the conclusion of the evaluations and: unable to reach an agreement on a permanent custody or& may contact the Custody Conciliator to conduct a Conc telephone conference call and, if necessary, have a hem court. CC: Pending further order of this Court, this Court's prior Ord remain in effect. BY THE COURT, Sally Winder, Esq. Barbara Sumple-Sullivan, Esq. ,f the attached Custody valuators to perform an .h party shall cooperate ninor children in those ~ particular evaluator that hall be deemed to be an lity to share with counsel · It is contemplated that luations when the reports n the event the parties are r at that time, either party iliation Conference via a ing scheduled before the er of April 13, 1998 shall MATTHEW S. MANNING, Plaintiff CARRIE ANN MANNING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COLIN fY, PENNSYLVANIA CIVIL ACTION - LAW NO. 97-3368 CIVIL IN CUSTODY 1 Prior Judge: J. Wesley Oler, Jr. 1 CONCHJATION CONFERENCE SUMMARYREI'oRT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL ~ ULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following re x)rt: 1. The pertinent information pertaining to the children who are the lbject of this litigation is as follows: Brooklynn L. Manning, bom August 29, 1993; and Matthew S. M 2. A Conciliation Conference was held on May 7, 1999, with thc attendance: The Father, Matthew S. Manning, with his counsel, Barbara Sum' the Mother, Carrie Ann Manning, with her counsel, Sally J. Winde 3. The Mother is petitioning to modify the existing custody order. evaluation would be helpful. However, the parties could not evaluator to perfom~ the evaluation or on an allocation of costs. have their own independent evaluations performed. The Concili~ in the form as attached. DA~E4 ~ C~uuU~beo~yX~~quire nning, bom July 5, 1996. following individuals in ~le-Sullivan, Esquire; and r, Esquire. ~he parties agreed that an tgree upon the particular 3th parties are prepared to for recommends an order MATTHEW S. MANNING, Plaintiff V. CARR1F~ ANN MANNING, Defendant IN ~ COUR~ OF COMMON PLEAS OF i CUMBERI,AND COUNTY PENNSYLVANIA · I :. CIVIL ACTION- LAW : NO. 97 - 3368 ICIVIL : IN CUSTODY ORDER OF COURT AND NOW, this ~ ~[¢'lday of ~ ~'~ u 29 ~ , '~. within Stipulation and motion of Sally J. Winder, Esquire, it is he DIRECTED that: 1. The Mother and Father are the natural pa Brooldynn L. Manning, bom August 29, 1993, and Matthew S 2. Carrie Ann Manning and Matthew S. M custody of the two (02) minor children, Brooklynn L. Manning 3. Mother, Carrie Ann Manning, shall exer custody of the minor children, Brooldynn L. Manning and Maii visitation as follows: Father, Matthew S. Manning, shall enjoy b) on alternating weekends, beginning i 1999, when he shall pick up the chil, return them to Mother on Sunday Father shall enjoy partial custody ~ two (02) evenings per week, which: Wednesday and Thursday evenings, veto, upon consideration of the 'eby ORDERED AND rems of two (02) minor children, Manning, born July 05, 1996. inning shall enjoy shared legal md Matthew S. Manning. ase primary physical residential ,ew S. Manning. ~eriods of partial custody and riclay, December 17, lren after work and 04:00 o'clock P.M.; th the minor children ~hall normally be fi.om the time he picks c) them up after work umil he return: 07:30 o'clock P.M. Father shall evenings are not going to be Wedt On alternating holidays from 09:0( 08:00 o'clock P.M., which holidw New Year's Day, Memorial Day, Day. Father's holiday to comme 2000. I them to Mother at notify Mother if the esday and Thursday. o'clock A.M. through s include: Thanksgiving, 'ourth of July, and Labor ee with New Year's Day, children at such other times as the parties may mutually agree. withhold rights of partial custody and visitation as requested by Father shall have rights of partial custody and visitation with the minor Other shall not unreasonably ther. 6. Mother and Father shall accommodate re~ with the minor children. Father shall make his requests for vacat taken in no greater than seven (07) day segments, known to Moti By the Court, uests for summer vacation time )n with the children, to be ter by May 01, of each year. 1-1q-oo MATTFIEW S. MANNING, Plaintiff V. CARRIE ANN MANNING, Defendant : CIVIL ACTIO~ : NO. 97-3368 : : IN CUSTODY : IN ~ COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA - LAW STIPULATION AND AGREEM] CMl, ~NT THIS STIPULATION AND AGREEMENT, is made MANNING, (hereinafter referred to as "Mother"), a adult indi Newville, Pennsylvania, and MATTHEW S. MANNING, (here an adult individual residing at 1820 Mountain Road, Newburg, P The Mother and Father are the natural parents of two (£ Manning, bom August 29, 1993, and Matthew S. Manning, b( 1. Carrie Ann Manning and Matthew S. 1~ custody of the two (02) minor children, Brooklynn L. Manning 2. Mother, Carrie Ann Manning, shall em ,y and between CARRIE ANN ~dual residing at 2 Hill Drive, hafner referred to as (Father"), ~nnsylvania. 2) minor children, Brooldynn L. ,rn July 05, 1996. [anning shall enjoy shared legal and Matthew S. Manning. cise primary physical residential custody of the minor children, Brooklynn L. Manning and Matthew S. Manning. / 3. Father, Matthew S. Manning, shall enjo, periods of partial custody and b) visitation as follows: on alternating weekends, beginnin~ 1999, when he shall pick up the ch remm them to Mother on Sunday Father shall enjoy partial custody x two (02) evenings per week, which Wednesday and Thursday evenings, Friday, December 17, dren after work and tt 04:00 o'clock P.M.; ~ith the minor children shall normally be from the time he picks c) them up after work until he retum~ them to Mother at 07:30 o'clock P.M. Father shall notify Mother if the evenings are not going to be Wednesday and Thursday. On alternating holidays from 09:0~ o'clock A.M. through 08:00 o'clock P.M., which holiday'; include: Thanksgiving, New Year's Day, Memorial Day, 1~ ourth of July, and Labor Day. Father's holiday to commen :e with New Year's Day, 2000. children at such other times as the parties may mutually agree. M withhold rights of partial custody and visitation as requested by fa Father shall have rights of partial custody, md visitation with the minor ~ther shall not unreasonably :her. 5. Mother and Father shall accommodate ret with the minor children. Father shall make his requests for vacati taken in no greater than seven (07) day segments, known to Moth 6. This Agreement shall be entered as an Order Orders previously entered. 7. The parties acknowledge and agree that thi~, partial custody shall be entered as an order by the Court without the IN WITNESS WHEREOF, the parties hereto and each of hands and seals intending to be legally bound hereby. WITNESS: CARRII~ ANN MA~ i~'IA'I'I'H EW S. MAN uests for summer vacation time ~n with the children, to be ~'r by May 01, of each year. of Court and supersede any Stipulation for custody and : necessity of their presence. :hem have hereunto set their (s .nt0 MATTHEW S. MANNING, P~intiff C~ ~ MANN. G, Defendant 1 : IN THE COURT OF COMMON PLEAS OF : CUMBERI.AND ~OUNTY, PENNSYLVANIA · : CIVIL ACTION~ LAW : NO.: 97-3368 CIN 1L TERM : IN CUSTODY COMPLAINT FOR CUSTOD] COMES NOW, the DefeodanL Carrie A. Manning, by m Winder, F. zquire, and does represcm as follows: 1. The Plaintiff is Matthew S. Manning, residing at 10.~ Cumberland County, Penn~lvani~ 2. The Defen&mt is Carrie A. Maturing, residing at 130 Cumberland County, Penn~lvania. 3. Defendant seeks modification of the Custody Order d_a the above captioned number and term with respect to the partial c for Father with the following children: Brooklynn L. Manning, bom August 29, 1993, and Matthew S. 1~ The children are presently in the custody of Carrie A. Ma Orchard Road, Newville, Penn~lvania. During the past five years, the children have resided with following addresses: (list all persons, addresses, dates) With Mother, Carrie A. Manning, for the last five years and sinc~ resided with the children at 2 Hill Drive, Newville, Perm.sylvania moved out of the family home June 15, 1997. Since June 1997, I~ resided at 2 Hill Drive, Newville, Pennsylvania. until July 15, 20t children moved to 130 Peach Orchard Road, Newville, Penn,Iv,' 1~ andall McKee. The mother of the children is Carrie A. Manning, currentl Road, Newville, Penn~lvanim She is not married. G-reason Road, Plainfield, Peach Orchard Road, Newville, red Jan,tory 13, 2000, entered to ustody and visitation schedule tanning, bom July 5, 1996. aning, who resides at 130 Peach the following persons and at the birth. Mother and Father mtil they separated and Father [other and the children have }1, when Mother and the nia, where they reside with residing at 130 Peach Orchard The father of the children is Matthew S. Manning, current Road, Plainfield, Pennsylvania, the residence of his grandmother. 4. The relationship of Plalntiffto the children is that ofm currently resides with the following person(s): his grandmother. 5. The relationship of Defendant to the children is that of currently resides with the following person(s): the children and R 6. Defendant has not participated as a party or witness, or litigation concerning the custody of the chiM(ren) in this or anoth~ number, and its relationship to this action is: A prior order was ex attached hereto. Defendant has no information of a custody proceeding con Court of this Commonwealth. The Court, tes,,,, and number, and Defend_ant does not know of a person not a party to the pfc custody of the child or claims to have custody or visitation rights name and address of such person is: 7. The best interests and permanent welfare of the child,' relief requested because the Defendant Mother is concerned for th, well-being of the children when they are under the partial custody acknowledged in the prior Custody Evaluation by Rieger, Shienv, drinking problem and should not be consuming alcohol when he ! "partying" with the children. However, the Father is consuming al and is so intoxicated that he cannot fix meals for the children or s< children at risk. Father has no driver's license due to driving unde~ apparently partying all weekend and not properly caring for the ch~ fearful for her children's welfare and safety, and requests that visit limited to Palintiff' s Mother's house and that Father be prohibited at any time designated as his time for partial custody or visitation. Father has bccn consuming alcohol immediately prior to designate visitation, then, Mother may refuse to allow the children to leave h of partial custody or visitation. ,y residing at 105 Greason He is not married. rural father. The Plaintiff aatural mother. The Defendant andall McKee. in another capacity, in other x Court. The Court, term, and ,tered in this matter and is eeming the child(ren) filed in a .ts relationship to this action is: ccc, ding who has physical vith respect to the child. The ill be served by granting the physical and emotional md control of the Father. As Id & Associates, Father has a · q the children, or be :ohol when he hag the children pervise them thus puttting the the influence charges but is ldren. Therefore, Mother is ~tion or partial custody be from consuming any alcohol ?urther, if Mother believes t periods of partial custody or er home for designated periods 8. Each parent whose parental rights to the children have person who has physical custody of the child have been named as persons, named below, who a~re known to have or claim a right to child have l~cn given notice of the pendency of this action and th ___(name) (address). .(basis of cl~ WHEREFORE, Defendant requests the Court to confirm Brooklynn L. Manning and Matthew S. Manning in Mother, subj partial custody in the Father such that he may exercise periods of with the children so long as such partial custody or visitation occt and that Father shall not consume any alcohol during such times r times of partial custody or visitation.. aot I~cn terminated and the parties to this action. All other custody or visitation of the e right to intervene: Custody of the children, ut to rights of visitation and ~a'tial custody or visitation r at Father's Mother's home or immediately prior to such Respectfully submitt Sally J. ~mder, Esq~fire Attorney for Plaintiff VERIFICATION I verify that the statements made in this complaint are true personal knowledge and belief. I understand that false statements and correct to the best of my herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to nn~wom falsification to authorities. SALLY J. WINDER Attorney at Law 701 E. King Street Shippensburg, PA 17257 MA'ITn~. _ _~W $. MANNING, Plaintiff ¥o : IN ~ COURT 0F COMMON PLEAS OF : CUMBERLAND COUNTy PENNSYLVANLA : CIVIL ACTION -/~AW : NO. 97-3368 CI~L : IN CUSTODY ORDER OF COURT A.N~ NOW, this __L~'l'hday of ~9,/~j/1~ / j , ~0'/]~ upon cons/de~afion of the within Stipulation and motion of Sally/gFmder, E~uire, it is he~eb~-ORDERED AND DIRECTED that: 1. Tho Mother and Father are the natural parent: Brooklynn L. Manning, bom August 29, 1993, and Matthew S. MI 2. Carrie Ann Manning and Matthew S. Mare custody of tho two (02) minor children, Brooklynn L. Manaing and 3. Mother, Carrie Ann Manning, shah exercise custody of tho minor children, Brooldynn L. Manning and Matt.hew v/aitafion aa follows: Father, Matthew S. Manning, shall enjoy peri b) on alternating weekends, belinning Frkb 1999, when he shall pick up the children return them to Mother on Sunday at 04: Father shall enjoy partial custody with ti two (02) evenings per week, which shall Wednesday and Thursday evenings, fro~ of two (02) minor tnning, born Juiy 05, 1996. lng shall enjoy shared legal Matthew S. Manning. )rimaty physical residential S. Manning. ~ds of partial custody and ,y, D~cemhor 17, a/ret work and. O0 o'clock P.M.;' ~e minor children normally be the time he picks 5. Father shall have rights of partial custody children at such other times as the parties may mutually a~ee. bi withhold ril~,hts of partial custody and visitation as requested by fi 6. Mother and Father shall accommodate re~ with the minor childre~ Father shall make his requests for vacati taken in no ~eater then seven (07) day se~ents, known to Mote them up after work until he retur~ them to Mother at 07:30 o'clock P.M. Father shn_l! notify Mother if the evenings are not going to be Wednesday and Thursday. ! On alternating holidays from 09:00 o'clock A.M. through 08:00 o'clock P.M., which holi'day ~ include: Thanksgiving, New Year's Day, Memorial Day, T ounh of Suiy, and Labor Day. Father's holiday to commen :e with New Year's Day, 2000. md visitation with the minor other shall not um'e_~nably ther, ,,ests for summer vacation time )n with the children, to be er by May 01, of each year. By the Court, TRUE CC In Testimony wh and the seal of: ,?Y FROM RECORD ,,reof, I herelnto set my haad ~id Court/~C~ ~rJ~,, P,~j MATTHEW S. MANNING PLAINTIFF CARRIE ANN MANNING DEFENDANT IN THE COURT OF COMM CUMBERLAND COUNTY, : : 97-3368 CIVIL ACTION : 1N CUSTODY _. ORDER OF COURT AND NOW, Monday, November 19, 2001 , upon consideratio~ it is hereby directed that parties and their respective counsel appear before Hubert at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, Deeeml for a Pre-Hearing Custody Conference. At such conference, an effort will be made tc if this cannot be accomplished, to define and narrow the issues to be heard by the cou order. All children age five or older may also be present at the conference. Failure t~ provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protec Special Relief orders, and Custody orders to the conciliator 48 hours prior to scl FOR THE COURT, DN PLEAS OF 'ENNSYLVANIA LAW of the attached Complaint, :. Gilroy, Esq. , the conciliator, Der 13, 2001 at 9:30 AM resolve the issues in dispute; or rt, and to enter into a temporary appear at the conference may tion from Abuse ~_der~ Om eduled hearin -- By: /s/ Hubert X. Gilrov. Custody Conciliator '~)~ 5,,,'a~ ~_< 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 Oi~ [CE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHOI ~E 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 MATTHEW S. MANNING, Plaintiff VS. CARRIE ANN MANNING, Defendant : IN THE COURT[ OF COMMON PLEAS OF : CUMBERLAND[ COUNTY, PENNSYLVANIA : : CIVIL ACTION~ LAW : NO.: 97-3368 CP : IN CUSTODY COMPLAINT FOR CUSTOW COMES NOW, the Defendant. Carrie A. Manning, by a Winder, Esquire, and does represent as follows: 1. The Plaintiff is Matthew S. Manning. residing at 10 Cumberland County, Pennsylvania. 2. The Defendant is Carrie A. Manning, residing at 13( Cumberland County, Penn~lvania. 3. Defendant seeks modifcafion of the Custody Order ct the above captioned number and term with respect to the partial for Father with the following children: Brooklynn L. Manning, bom August 29, 1993, and Matthew S. The children are presently in the custody of Carrie A. !~ Orchard Road, Newville. Pennsylvania. During the past five years, the children have resided wit[ following addresses: (list all persons, addresses, dates) With Mother, Carrie A. Manning, for the last five years and sin, resided with the children at 2 Hill Drive, Newville. Pennsylvani~ moved out of the family home June 15, 1997. Since June 1997. i resided at 2 Hill Drive, Newville. Pennsylvania. until July 15, 2~ children moved to 130 Peach Orchard Road, Newville, Pennsyb Randall McKee. The mother of the children is Carrie A. Manning, curren Road. Newville. Pennsylvania. She is not married. through his coun~l, Sally J. 5 Greason Road. Plainfield. Peach Orchard Road. Newville, tted January 13, 2000, entered to :ustody and visitation schedule alarming, bom July 5, 1996. arming, who resides at 130 Peach the following persons and at the :e birth. Mother and Father until they separated and Father /lother and the children have ~01, when Mother and the · ania, where they reside with ly residing at 130 Peach Orchard The father of the children is Matthew S. Manning, currently residing at 105 Greason Road. Plainfield. Pennsylvania. the residence of his grandmother.] He is not married. 4. The relationship of Plaintiff to the children is that of natural father. The Plaintiff currently resides with the following person(s): his grandmother. 5. The relationship of Defendant to the children is that of currently resides with the following person(s): the children and 6. Defendant has not participated as a party or witness, ol litigation concerning the custody of the child(ren) in this or anoth number, and its relationship to this action is: A prior order was e attached hereto. Defendant has no information of a custody proceeding co~ Court of this Commonwealth. The Court, term, and number, and Defendant does not know of a person not a party to the pv custody of the child or claims to have custody or visitation rights name and address of such person is: 7. The best interests and peimanent welfare of the child., relief requested because the Defendant Mother is concerned for ti well-being of the children when they are under the partial custod3 acknowledged in the prior Custody Evaluation by Rieger, Shienw drinking problem and should not be consuming alcohol when he "partying" with the children. However, the Father is consuming ~ and is so intoxicated that he cannot fix meals for the children or s children at risk. Father has no driver's license due to driving unde apparently partying all weekend and not properly caring for the cl fearful for her children's welfare and safety, and requests that visi limited to PalinfiWs Mother's house and that Father be prohibite( at any time designated as his time for partial custody or visitation Father has been consuming alcohol immediately prior to designat, visitation, then. Mother may refuse to allow the children to leave of partial custody or visitation. natural mother. The Defendant andall McKee. in another capacity, in other Court. The Court, tetra, and ~tered in this matter and is tceming the child(ren) filed in a its relationship to this action is: ~ceeding who has physical ~th respect to the child. The viii be served by granting the e physical and emotional and control of the Father. As fid & Associates, Father has a ~as the children, or be cohol when he has the children apervise them thus puttting the r the influence charges but is Jldren. Therefore, Mother is tation or partial custody be · fi'om consuming any alcohol Further, if Mother believes :d periods of partial custody or her home for designated periods 8. Each parent whose parental rights to the children have person who has physical custody of the child have been named as persons, named below, who are known to have or claim a right to child have laccn given notice of the pendency of this action and tt .(name). .(address). .(basis of cl~ WHEREFORE. Defendant requests the Court to confir~ Brooklynn L. Manning and Matthew S. Manning in Mother,· sub partial custody in the Father such that he may exercise periods of with the children so long as such partial custody or visitation occ~ and that Father shall not consume any alcohol during such times times of partial custody or visitation.. Respectfully submit Attomey for Plaintii not been terminated and the parties to this action. All other custody or visitation of the right to intervene: ~im). Custody of the children, ect to rights of visitation and partial custody or visitation tr at Father's Mother's home lor immediately prior to such VERIFICATION I verify that the statements made in this complaint are trm personal knowledge and belief. I understand that false statement., penalties of 18 Pa. C.S. Section 4904. relating to unswom falsifi¢ and correct to the best of my herein are made subject to the ation to authorities. SALLy J. WINDER Attorney at Law 701 E. King Street Shippensburg, PA 17257 MATT~2W S. MANNING, Plaintiff ¥o CAR~W~ ANN MANNING, Defendant IN ~ COURT OF COMMON PLEAS OF :: CUMBERI.AND COUNTY PENNSYLVANIA : : NO. 97-3368 C1~ : IN CUSTODY ORDER OF COURT NOW, of VmJ , within Sfip~fion ~d motion of S~y ~ ~nd~, E~uire, it is hereb DIRECTED that: 1. The Mother and Father are the natural pare~ Brooklynn L. Manning, bom August 29, 1993, and Matthew S. W 2. Carrie Ann Manning and Matthew S. Man custody of the two (02) minor children, Brooklynn L. Manning am 3. Mother, Carrie Ann Manning, shall exereis custody of the minor children, Brooklynn L. Manning and Matt.he Father, Matthew S. Manning, shall enjoy p~ visitation as follows: on alternating weekends, beginning Fr 1999, when he shall pick up the childr, return them to Mother on Sunday at ( b) ~ upon consideration of the ORDERED AND s of two (02) minor children, anning, bom july 05, 1996. ning shah enjoy shared legal Matthew S. Manning. primary physical residential n S. Manning. xiods of partial custody and day, December 17, :n after work and 4:00 o'clock P.M.; Father shall enjoy partial custody wit~ ti~e minor children two (02) evenings per week, which shall normally be Wednesday and Thursday evenings, fr~m the time he picks them up after work until he return 07:30 o'clock P.M. Father shall evenings are not going to be Wed~ On alternating holidays from 09:01 08:00 o'clock P.M., which holida New Year's Day, Memorial Day, Day. Father's holiday to eomme 2000. 5. Father shall have rights of partial custod children at such other times as the parties may mutually agree. withhold rights of partial custody and visitation as requested by 6. Mother and Father shall accommodate with the minor children. Father shall make his requests for va¢ taken in no greater than seven (07) day segments, known to Mo By the Court, TRUE In Testimony and the s~al ; them to Mother at notify Mother if the ,esday and Thursday. o'clock A~M. through 's include: Thanksgiving, ~ourth of July, and Labor ,ce with New Year's Day, and visitation with the minor luther shall not unreasonably ~ther. quests for summer vacation time tion with the children, to be :her by May 01, of each year. :OPY FROM ~.ECORD vhereof, I he~e/rdo set my ha~d said Court MATTHEW S. MANNING PLAINTIFF V. CARRIE ANN MANNING DEFENDANT · IN THE COURT OF COMMQN PLEAS OF CUMBERLAND COUNTY, i~ENNSYLVANIA 97-3368 CIVIL ACTION ~AW IN CUSTODY : ORDER OF COURT AND NOW, Monday, November 19, 2001 , upon consideratior it is hereby directed that parties and their respective counsel appear before Hubert at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, DeeeTM for a Pre-Hearing Custody Conference. At such conference, an effort will be made t¢ if this cannot be accomplished, to define and narrow the issues to be heard by the cot order. All children age five or older may also be present at the conference. Failure provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Prot~ Special Relief orders, and Custody orders to the conciliator 48 hours prior to scl FOR THE COURT, of the attached Complaint, L Gilroy, Esq. , the conciliator, ~er 13, 2001 at 9:30 AM resolve the issues in dispute; or rt, and to enter into a temporary appear at the conference may tion from Abuse orders, teduled hearing. By: /s/ Hubert X. Gilroy. Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by lay with Disabilites Act of 1990. For information about accessible facilities and rea available to disabled individuals having business before the court, please contac must be made at least 72 hours prior to any hearing or business before the court. scheduled conference or heating. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT O HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPH£ 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 to comply with the Americans ~onable accommodations our office. All arrangements You must attend the NCE. IF YOU DO NOT NE THE OFFICE SET MATTHEW S. MANNING, Plaintiff v CARRIE ANN MANNING, Defendant IN THE COURT OF CC CUMBERLAND COUlX CIVIL ACTION - LAW NO. 97- 3368 CIVIL IN CUSTODY COURT ORDER AND NOW, this Z~5~' day of December, 2001, upon consideration Conciliation Report, it is ordered and directed as follows: This Court's prior Order of January 13, 2000 shall rema modification as set forth below. Neither party shall consume alcohol or be under the inflm have custody of the minor children. In the event either party desires to modify this order, th court to have the case again scheduled with the ct conference. CC: MMON PLEAS OF TY, PENNSYLVANIA of the attached Custody in in effect subject to the nce of alcohol when they ~t party may petition the .stody conciliator for a BY THE COURT, Sally J. Winder, Esquire ~ ~..,~O~,~~ 105 6reason Road 1,~'2 ~' O Plainfield, PA 17081 4 VINVA'IASNf'¢~ A.t. NI'"}O3 MATTHEW S. MANNING, Plaintiff CARRIE ANN MANNING, Defendant Prior Judge: J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAV~ : : NO. 97-3368 CIVIL : IN CUSTODY CONCILIATION CONFERENCE SUMMARY RI IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL 1915.3-8(b), the undersigned Custody Conciliator submits the followint 1. The pertinent information pertaining to the children who are the as follows: Brooklynn L. Manning, bom August 29, 1993; and Matthew 1996. A Conciliation Conference was held on December 13, 2 individuals in attendance: The Father, Matthew S. Manning, who appeared without counsel Ann Manning, with her counsel, Sally J. Winder, Esquire. After consulting with the custody conciliator, the parties agree the form as attached. DATE Hubert X. Gilroy, Es~ire Custody Conciliator ;PORT [ULE OF PROCEDURE report: subject of this litigation is Manning, bom July 5, 1, with the following and the Mother, Carrie the entry of an order in MATTHEW S. MANNING, Plaintiff CARRIE ANN MANNING, Defendant : IN THE COUR~ OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION- LAW NO.: 97-3368 C~VII, TERM IN CUSTODY ! COMPLAINT FOR CUSTOD COMES NOW, the Defendant, Carrie A. Manning, by ~ Winder, Esquire. and does represent as follows: 1. The Plaintiff is Matthew S. Manning, residing at lO Cumberland County. Penn~lvania. 2. The Defendant is Carrie A. M~nning, residing at 13~ Cumberland County, Pennsylvania. 3. Defendant seeks modification of the Custody Order modified by Court Order December 28, 2001, entered to the abo with respect to the partial custody and visitation schedule for Fa Brooklynn L. Manning, bom August 29. 1993, and Matthew S. The children are presently in the custody of Carrie A. 1~ Orchard Road. Newville. Pennsylvania. During the past five years, the children have resided with following addresses: (list all persons, addresses, dates) With Mother. Carrie A. Manning. for the last five years and sinc resided with the children at 2 Hill Drive. Newville. Pennsylvania moved out of the family home June 15, 1997. Since June 1997. resided at 2 Hill Drive, Newville. Pennsylvania. until July 15.2~ children moved to 130 Peach Orchard Road. Newville. Pennsylw Randall McKee. The mother of the children is Carrie A. Manning. current] Road. Newville. Penn~lvania. She is not married. Y nd through his counsel, Sally Greason Road. Plainfield, Peach Orchard Road. Newville, ted January 13, 2000. and ~e-captioned number and term ther with the following children: ~lanning, born July 5. 1996. tuning, who resides at 130 Peach the following persons and at the birth. Mother and Father mtil they separated and Father ~other and the children have ) 1. when Mother and the mia. where they reside with residing at 130 Peach orchard The father of the children is Matthew S. Manning, currently residing at 105 Greason Road, Plainfield, Pennsylvania. the residence of his grandmother. He is not married. 4. The relationship of Plaintiff to the children is that of 6atural father. The Plaintiff currently resides with the following person(s): his grandmother. 5. The relationship of Defendant to the children is that c currently resides with the following person(s): the children and 6. Defendant has not participated as a party or witness, ~ litigation concerning the custody of the child(ren) in this or anot number, and its relationship to this action is: A prior order was, attached hereto. Defendant has no information of a custody proceeding c( Court of this Commonwealth. The Court. term, and number, am Defendant does not know of a person not a party to the p~ custody of the child or claims to have custody or visitation rights name and address of such person is: 7. The best interests and pesmanent welfare of the child. relief requested because the Defendant Mother is concerned for t well-being of the children when they are under the partial custo& acknowledged in the prior Custody Evaluation by Rieger. Shien~ drinking problem and should not be consuming alcohol when he "partying" with the children. However. the Father is consuming ~ and is so intoxicated that he cannot fix meals for the children or s children at risk. The children have called Mother requesting her t, are fearful of the places where Father takes them and Father and alcohol and "smoking dope". Father has no driver's license due to driving under the inl partying all weekend and not properly caring for the children. Th children's welfare and safety, and requests that visitation or pacdz hours with Father and that he not be permitted to have them at an' being consumed or illegal drugs are being used. In the alternative order counseling and trealment for Father and that he demonstrat~ f natural mother. The Defendant Randall McKee. in another capacity, in other er Court. The Court, term, and .~ntered in this matter and is nceming the child(ren) filed in a its relationship to this action is: ~ceeding who has physical with respect to the child. The ,-ill be served by granting the ~e physical and emotional and control of the Father. As aid 8: Associates, Father has a ~as the children, or be icohol when he has the children upervise them thus puttting the come get them because they ds friends are consuming uence charges but is apparently refore, Mother is fearful for her I custody be limited to day time , location where alcohol is Mother requests the Court to that he is alcolhol and drug free as a condition of his being permitted to exercise any partial ~ustody of the children in the same nature as the provisions for parental counseling in the in.~'ta children 23 Pa.C.S.A. Section 5303(c). 8. Each parent whose parental rights to the children have person who has physical custody of the child have bcca named a persons, named below, who are known to have or claim a right t~ child have bccn given notice of the pendency of this action and ld (name)_ .(address). (basis of cl WHEREFORE, Defendant requests the Court to confirn Brooklynn L. Manning and Matthew S. Manning in Mother, sub partial custody in the Father such that he may exercise periods ol with the children so long as such partial custody or visitation occ overnights,and that Father shall not consume any alcohol during prior to such times of partial custody or visitation, that he not cox that he not take the children anywhere where they will be in the consuming alcohol or using illegal drugs. ace of physical abuse of not been tec,~finated and the ; parties to this action. All other , custody or visitation of the le right to intervene: tim) ~ Custody of the children, iect to rights of visitation and partial custody or visitation ar during daylight hours with no ;uch times nor immediately ~ume or use illegal drugs and resence of anyone who is Respectfully subm ted. SallY J' ~i)aAttomey flS?;~'a~EfiS~uire VERIFICATION I verify that the statements made in this complaint are true and c~ knowledge and belief. I understand that false statements herein of 18 Pa. C.S. section 4904. relating to unsworn falsification to Date: CARRII~ A. MANNING ~rrect to the best of my personal re made subject to the penalties athorifies. . ~ . ~ ~ Attorney at L~w · ~ - 701 E. King Street Shipl~nSburg. PA 17257 ~:': ii ~i MATTm~-W S. MANNING, i IN THE COURT OF COMMON PLEAS OF CUM~_ ~ ~.4.N~ COUNTY P~NSYLV~ V, Defendant : CIVIL ACTION- L : : NO. 97- 5.36S ClV : : IN CUSTODY ORDER OF COURT within Stipulagon and moti°n of Sally J'. Wmdar, ~quire, it is horoby. DXRF. CFED that: ' 1. Tbe Mother and'Father arc the rmmral parent., Brooldyan L. Manning,. bom Ausust 29, 1993, and Mat~thew S. Ma 2. Car~ Ann Manning and Matthew S. Mann] CO.~-~._t~ly oftbe two (02) mlnnr ahildrea, Brooldynn L. Manning and ] 3. Mother, Carrie Ann Manning, shall cxer~ i ~ustody oftbe minor childr~, Brooidynn L. Manning and Marrow visitation as follows: Father, Matthew S. Manning, shall enjoy pari~ kW IL upon ~n~deration of tho of two (02) minor children, nnin& bom July 05, 1996. ag shall enjoy shared legal ~latthew S. Manning. ,rimary physical residential ~ds of panini ~ustody and on alternating weekends, beginning Friday, D~m~ber 17, 1999, when he shall pick up t_h_e c2fildrc aflerworkand. return them to Mother on Sunday at'04: Father shall enjoy partial custody with ti two (02) evenings per week, which shall Wednesday and Thursday evenings, fro~ )0 o'clock P.M.; ~e minor children aonnally be the time he picks them up atior work until ho r~lurnsl ~ to Mother at 07:30 o'clock P.M. Father slugl ~aolify biother if tho cranings nfo not goins to ho W~lay and Thursday. On altomatin8 holidays from 09:00 08:00 o'clock P.M., which holidayi New Year's Day, Memorial Day, 1~ Day. Father's holiday to commeaa 2000. $. Father shall have fights of partial cuszody childrm at mc, h oth~ ~ as tho parties may mutually agroo. M : .,~ ':~ righ~ of ~ ~ustody aad visiu~ion as requested by f~ 6. Mother and Father shall accommodato r~ with tho ~nlnor childr~a. Father shall mako his requests for vaca~ ~ ia no sroaar than sovon (07) day soSmeats, known to Moth o'~ock A.M. through include: Thanks~ivin~ mrth of July, and Labor with New Yem"s Day, ~d visitation with *_~_ minor tther sludl not um',~onably her. ~ for summer vacation time with**h_~ childr~ to bo by May 01, of each year. By the Court, / TRUE CCPY FROM RECORD In Testimony wh .~reof, I here,iht° set my ham and the seal of said Court a)fC. ariisie, Pa. · ~.~J.. f MATTHEW S. MANNING, Plaintiff V CARRIE ANN MANNING, Defendant DEC 2 0 ZO01 :.IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW. : : NO. 97-3368 CIVIL : IN CUSTODY COURT ORDER AND NOW, this ff,~day of December, 2001, upon consideration Conciliation Report, it is ordered and directed as follows: 1. This Court's prior Order of January 13, 2000 shall remai modification as set forth below. CC: Neither party shall conSume alcohol or be under the influ, have custody of the minor children. of the attached Custody in effect subject to the ~ce of ~lcohol when they 3. In the event either party desires to modify this order, ~ It party may petition the court to have the case again scheduled with the custody conciliator for a conference. BY TI-IrE COURT, J./Wesley Ole~rJr.- - Sally J. Winder, Esquire Matthew S. Manning · 105 Greason Road Plainfield, PA 17081 TRUE COt, ti I ROM'RECOR In Testimony whereo(,~'heie ~to Set my'bend and tl~eal of said G6urt at/(:arlifle, MATTHEW S. MANNING PLAINTIFF V. CARRIE ANN MANNING DEFENDANT 1N THE COURT OF COMIv CUMBERLAND COUNTY, : : 97-3368 CIVIL ACTION : IN CUSTODY : ORDER OF COURT AND NOW, Wednesday, April 24, 2002 , upon considerati, it is hereby directed that parties and their respective counsel appear before Ituberl at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, M~ for a Pre-Hearing Custody Conference. At such conference, an effort will be made if this cannot be accomplished, to define and narrow the issues to be heard by the cc order. All children age five or older may also be present at the conference. Failure t, provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Prote~ Special Relief orders, and Custody orders to the conciliator 48 hours prior to scl FOR THE COURT, JON PLEAS OF PENNSYLVANIA LAW of the attached Complaint, ~. Gilroy, Esq. , the conciliator, 16, 2002 at 10:30 AM resolve the issues in dispute; or rt, and to enter into a temporary appear at the conference may 5on from Abuse orders, teduled hearing. By: Is/ Hubert X. Gilroy. Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by lab Americans with Disabilites Act of 1990. For information about accessible facili' accommodations available to disabled individuals having business before the col All arrangements must be made at least 72 hours prior to any hearing or business, attend the scheduled conference or heating. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT Ol HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHO 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 to comply with the ies and reasonable at, please contact our office. before the court. You must ~CE. IF YOU DO NOT qE THE OFFICE SET MAY 2 1 2002' MATTHEW S. MANNING, Plaintiff CARRIE ANN MANNING, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW l : NO. 97 - 3368 CIVIL ' : IN CUSTODY COURT ORDER ! AND NOW, this ~2. ~ A day of May, 2002, upon consideration o Conciliation Report, it is ordered and directed as follows: A hearing is scheduled in the above matter (~ , 2002, at ,/~ ,~/~ ~___.M. in C.umb.erlad.d County Courthouse. At this hearing, t Manmng, shall be the moving party and shall proceed Counsel for the parties shall file with the court memorandum setting forth the history of custody currently before the court, a list of wimesses who w behalf of each party and a summary of the ant·cig witness. This memorandum shall be filed at least fi mentioned hearing date. Pending further Order of this Court, this Court's Or. as modified by the Order of December 28, 2001 shall cc: ~ally J. Winder, Esquire 7 COURT, {~esley Oler, ~.~' ~vlatthew S. Manning 105 Greason Road Plainfield, PA 17081 the attached Custody n the o~/g~ day of Courtroom No. 1 of the ~e Mother, Carrie Ann initially with testimony. nd opposing counsel a n this case, the issues I be called to testify on ated testimony of each ~e (5) days prior to the ler of January 13, 2000 ~main in effect. MATTHEW S. MANNING, Plaintiff CARRIE ANN MANNING, Defendant Prior Judge: J. Wesley Oier, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAw NO. 97 - 3368 CIVIL 1N CUSTODY CONCILIATION CONFERENCE SUMMARY RF IN ACCORDANCE WITH THE CUMBERLAND COUNT~ PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator report: The pertinent information pertaining to the children who litigation is as follows: e Brooklynn L. Manning, born August 29, 1993; and Matthew 5, 1996. A Conciliation Conference was held on May 16, 2002, with l in attendance: PORT CIVIL RULE OF submits the following are the subject of this S. Manning, born July he following individuals ,tricts either party from ildren. Mother desires ng to agree to Mother's making with respect to conciliation conference. as attached. cH~~~squir The parties are unable to reach an agreement at the custod The conciliator recommends the entry of an order in the for~ The Mother, Carrie Ann ~M .~ng, with her counsel, Sally ~. Winder, Esquire; and the Father, Matthew S. Manmng who appeared without an a~torney. 1 Mother is seeking to modif..y the existing custody arrang_qment in order to hmit' Father's custody with the children. Mother asserts that Fa~er currently has a drug problem and that Father has been taking the children to homes on the weekends where the children are not being properly supervised. Mother further asserts that Father is in violation of the existing custody order which re consuming alcohol while they have custody of the minor c~ that Father not exercise overnight custody. Father is unwilli request, and Father generally denies the allegations Mother reasons why she feels Father's custody should be reduced. MATTHEW S. MANNING, Plaintiff Vo CARRIE ANN MANNING, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO: 97-3368 : CIVIL ACTION - LAW! To the Prothonotary: PBAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information, t¢ divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301~ 2. Date and manner of service of the complaint: United Statl Restricted Delivery on June 23, 1997. 3. Date of execution of the affidavit of consent required by § 3301 by Plaintiff: September 29, 1998. 4. Related claims pending: All matters have been resolved. T claims pending. 5. Date Plaintiffs Waiver of Notice in §3301(c) Divorce was October 7, 1998. Date Defendant's Waiver of Notice in §3301(c) Prothonotary: October 7, 1998. the court for ent~ of a c) of the Divorce Code. ~s Mail, Certified Mail, (c) of the Divorce Code: ~ere are no outstanding filed with Prothonotary: Divorce was filed with B~uire 549 Bridge Street New Cumberland, (717)-774-1445 Supreme Court ID Attorney for Plainti 'A 17070-1931 ¥32317 ff MATTHEW S. MANNING, Plaintiff CARRIE ANN MANNING, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO: 97-3368 : CIVIL ACTION - LAW l CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this correct copy of the foregoing Plaintiffs Praeeipe to Transmit Record, in th~ upon the following individual by first class mail, postage prepaid, address~ Sally J. Winder, Esquire 701 E. King Street Shippensburg, PA 17257 549 Bridge Street 1 New Cumberland, P (717) 774-1445 Supreme Court I.D. Attorney for Plalntif date, I served a true and ~ above-captioned matter ~'d as follows: ivan, Esquire ~ 17070 No. 32317 IN THE COURT OF COMMON PLEAS Of CUmberlaNd COUNTY STATE OF ~ PENNA MATTHEW S. MANNING ......................................................................... N(). 97-336 Plaintiff Versus CARRIE ANN MANNING .......................... .Defendant ................ DECREE IN DIVORCE AND NOW ..... .~..c~.e~ .~.c~...1.4~. ....... 19.9.8 ..... it is ordered ond decreed that MATTHEW S. MANNING plaintiff, and CARRIE ANN MANNING defendant, are divorced from the bonds of matrimony. The court retains jurisdiction of the following chiims which have been raised of record in this action for which a final wder has not yet been entered; Ail matters have been resolved. There are no SAIDIS SHUFF, FLOWER & LINDSAY A~eATeLAW 26 W. High Street Carlisle, PA MATTHEW S. MANNING, Plaintiff VS. CARRIE ANN MANNING, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 97-3368 CIVIL TERM : : IN CUSTODY PRAEClPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Plaintiff, Matthew Manning, in the above captioned case. SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for PJaintiff By:. Carol J.~_~dsay, Esquire ID# 44693 26 West High Street Carlisle, PA 17013 (717) 243-6222