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HomeMy WebLinkAbout97-05778 >'1 ." ... .... ( L1 \'1 ~ ., , I, IJ - . . .';) , II ~~) ^ ~, r Q: -t-~ J1l \./i r28-9 ''J ~Vj t>, ^ l'V) '''VJ VJ 1) .J V ..~ ~ ~ r::L ~ < ~ ~z ~ il ::: =~ :i 'J ;r. , ." >- ',/.""" ~ <.. Q ... 0 < .... ~ 1= :2 fo:S ' ... 0 S:::F. . t;; :i;i ~ 0 i:!z 7:;; Q ~ ~... ~< z z .~ z <( ~ ~ "'"' ;:; g~.....i> ~ ::::i u 8!2 6~ L:I.. I,"" of. ..: ::E;.o:zc ~ 0 ~~ 5:cz 0....0.... ~ " .... ~zu~z ~f:F~ :l: :..i ~ ~ Q ~ ~ :..........'-'~ Q, <( ~ ~ < Z . OP<'" ~ 3 ... '" ';j VI ~ O....Lil _1,J....lZ '" ::::i . wI-V) :':0""- 0 ... L':::i :l :;:t:::: ~ ::E '\ < 0 ~ 0<'-' 0 ~ I: < "'.. u ~ < U " ..: ~ =u.: "':xl ~::E -::> u " . " I' tl\l,\llo\IUtll--lil...llol 'I' ~'1~llll\.l1 11'-' I'u..~l IlIl' ,/1 <I: ~'I ~~ r\l ii~",",l 111 I r 'I' ,,~ ''f :11 P\l JOSEPH W. RAND, Plaintill' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 97- S'?7';> Cli.>~ L kn...n"} v. LISA K. SCALIA, Defendant IN CUSTODY ORDER OF COURT AND NOW, this ~ day of<1 h-f,r. 1997, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before \; " \ Cl'- ,theconciliator,al\\t>4I"tUu'\~l\f\(~QmClI~h',-\{rrMd (M~ on the li day of , 19(1) at Cj: eX) () ',m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve ihe issues in dispute; or ifthis cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By:-.J:{ i \ 0 eA~ J(. \)~ ~~ I~ Custody Conciliator (-,:\::>) ( The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 Telephone (717) 240-6200 , , )h;1.CJ.tj7 t}.:I'~ 4~;t; a'1"tJ/L /o,~'4? ~ ~a~ ~ ?1I!i /o!;JtJ47 ~ ~ ~~ c}i ).f/d''r ~ . v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 97- S"77[> (?,u; ( 'tc12."1 JOSEPH W. RAND, Plaintiff LISA K. SCALIA, Defendant IN CUSTODY PLAINTIFF'S COMPLAINT TO CONFIRM CUSTODY I. Plaintiff is Joseph W. Rand, an adult individual currently residing at 160 East North Street, Carlisle. Cumberland County, Pennsylvania. 2. Defendant is Lisa K. Scalia, an adult individual currently residing at I I Hot Point Avenue, Shippenshurg, Cumberland County, Pennsylvania 3. Plaintiff seeks cuslody of the child, Dominique Shay-Lisa Scalia, who was born on October 7,1997. The child was born out of wedlock. Since the child's birth, the child has resided with the following persons at the following addresses for the following periods of time: The child has resided with the Defendant at the above address since birth. The natural mother of the child is Defendant who resides as aforesaid. She is single and living separately. The natural father of the child is PlaintilT who resides as aforesaid. He is single and living separately. 4. The relationship of the Plaintiff to the child is that of mother. The Plaintiff currently resides with the following: Dominique Shay-Lisa Scalia Dominique Scalia Relationship Daughter Mother Name 5. The relationship of the Defendant to the child is that of father. Th;: Defendant currently resides with the following: Barbara Jo Rand Relationship Mother ~ Dennis Hamilton Mother's fiancee Robert L. Morrison, Jr. Friend 6. The parties have not participated in previous litigation concerning the custody ofthe child in this court or any court. The Plaintiff has no infonnation ofa custody proceeding concerning the child pending in any other court. 7. The best interest and pennanent welfare of the child will be served by granting shared legal and physical custody to Plaintiff because: the infant child needs to bond with both parents. 8. Plaintiff does not know of any person not a party to these proceedings who claims to have custody or visitation rights with respect to the child. WHEREFORE, Plaintiff requests your Honorable Court to set a time and place for a hearing at which Plaintiff requests the Court to grant Plaintiff the Custody Order. Pending said hearing, Plaintiff requests temporary custody, MARTSON, DEARDORFF, WILLIAMS & OTTO By "L... ~ wd~ ~ Thomas J. Willi s, EsqUIre Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: October 20, 1997 VERIFICATION The foregoing Complaint to Confirm Custody is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the Complaint and to the extent that the document is based upon information which I have given to my counsel, it is trUe and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, 1 have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa, e.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. ~_.. ~ '...) -t.-""-_ Joseph W. Rand " , IJEC ~ 3 199700 JOSEPH W. RAND, Plaintiff 'IN THE COURT OF COMMON PLEAS OF 'CUMBERLAND COUNTY, PENNSYLVANIA , 'NO, 97-5778 CIVIL TERN , , 'IN CUS'1'ODY V LISA K. SCALIA, Defendant Yf.:.1v\ COURT 0RLli:R AND NOW, this day of December, 2997, upon consideration of the attached ustody Conciliation Report, it is ordered and directed as follows: 2, This Order shall be a temporary custody Order subject to review at a later time by the Court after a Custody Conciliation and a Court hearing, if necessary. 2. The Mother shall enjoy primary physical custody of ths minor child, Dominique Shay-Lisa Scalia, born October 7, 2997. The Father shall enjoy periods of temporary physical custody of the minor child as follows: A. On December 29 from 22:00 noon until 4:00 p.m. B. On December 22 from 20:00 a.m. until 5:00 p.m. C. On Christmas Day, December 25, from 3:00 p.m. until 7:00 p.m. D. On the following weekends starting on January 27 and for every weekend thereafter from Saturday at 4 :00 p.m. overnight Sunday until 5:00 p.m. 3. The parties shall meet wi th the Custody Conciliator for another Conference on Tuesday, January 20, 2998 at 2:30 p.m. 4. Father shall handle all transportation for exchange of custody, Father shall ensure that he shall have the appropriate car seats for the minor child for handling transportation. Additionally, Father shall ensure that he shall have an appropriate sleeping arrangement for the minor child. If desired by the Mother, Mother may visit the Father's home on one occasion to review the living acconunodations. If requested by the Father, Father may do the same with the Mother, 4 5. The above Order is a temporary Order and should not prejudice either party from seeking a modification at further Court proceedings. The Mother may seek to have more limitations on the Father's time with the minor child or the Father may seek to have additional time if required. 6. Exchange of custody of the Mother's home at 11 Hot Pennsylvania. Father shall exchange of custody. minor Point handle child shall be at the Avenue, Shippensburg, all transportation for CCI Thomas J. Williams, Esquire J. Lisa lC. Scalla 11 Hot Point Avenue Shippensburg, PA 17257 -&~- I:A./ :J."'/'1'1. .J,. ('. .. v IIN THE COURT OF COHHON PLEAS OF ICUMBERLAND COUNTY, PENNSYLVANIA I INOI 97-5778 CIVIL TERM I I IIN CUSTODY JOSEPH W. RAND, Plaintiff LISA IC. SCALIA, Defendant CONCILIATION CONFERENCE SVMMA.Rl" REPOR1' IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCBDURE 1915.3-8{b), the undersigned Custody Conciliator submits the following reportl 1. The pertinent information pertaining to the child who is the subject of this litigation is as followsl Dominique Shay-Lisa Scalia, born October 7, 1997. 2. A Conciliation Confel'ence was held on December 19, 1997, with the following individuals in attendancel The Father, Joseph W. Rand, with his counsel, Thomas J. Williams, Esquire; and the Mother Lisa K. Scalia, who appeared without counsel but did have the benefit of consulting with her mother, Dominique Scalia. 3. The Mother is 18 years old and .the Father is 22. The parents were never married. The child has been in the custody of the Mother since the child was born. Father seeks shared custody on a 50/50 basis. Father has had limited contact with the child since the child was born. However, the child is only approximately two months old. 4. The Conciliator recommends that we have a interim period of time with the Father enjoying temporary physical custody with the minor child and then the parties come back for another Custody Conciliation Conference. This will give the Father an opportunity to demonstrate that he can take care of the child and will give the Mother an opportunity to judge the Father's abilities in this issue. Mother also indicated she may want to get an attorney for any further proceedings. The Conciliator notes that the Mother did have an attorney who corresponded with the Conciliator and had requested a rescheduling of the Conciliation Conference. However, that attorney withdrew his representation of the Mother prior to the Conference. S. The Conciliator recommends that the Court adopt an Order as attached. ~/ JJ./ q~ DATB ". . (~. >;o~ ,. . ~EII 0 ? 1998 - JOSEPH W. RAND, Plaintiff , IN THE COURT OF COMMON PLEAS OF 'CUMBERLAND COUNTY, PENNSYLVANIA , ,CIVIL ACTION - LAW , :NO, 97-5778 CIVIL TERM :IN CUS'l'ODY V LISA K. SCALIA, Defendant COURT ORDER AND NOW, this ~ day of f::J::r.~ 1998, upon the attached Custody Conciliation Report, it directed as follows: consideration of is ordered and 1. This Court's prior Order of December 24 , 1997, is vacated. 2. The Mother, Lisa K. Scalia, and the Father, Joseph W. Rand, shall enjoy shared legal custody of Dominique Shay-Lisa Scalia, born October 7, 1997. 3. The Mother shall snjoy primary physical custody of the minor child. 4. The Father shall enjoy periods of temporary physical custody of the minor child as follows: A. Ever.Y week from Saturday when the Father gets off work until Tuesday when the Father shall deliver the child back to the Mother prior to the Father conunencing work on Tuesday. B. At such other times as agreed upon by the parties. 5. It is noted that this Order is entered pursuant to the attached Custody Conciliation Report and that the Mother was unrepresented at the Custody Conciliation Conference. In the event the Mother retains counsel and desires to have this Order reviewed by a Court hearing, counsel for the Mother can contact the COhciliator to conduct a Conciliation Conference with opposing counsel over the telephone and the matter can r r then be set for a hearing. It is noted that Mother does not specifically agree with the Order as set forth herein. It is further noted that Mother reserves the right to file a petition for relocation in that she has suggested she may be considering moving out of the Commonwealth of Pennsylvania. BY THE COURT, J. cc: Thomas J. Williams, Esquire Lisa K. Scalia 11 Hot Point Avenue Shippensburg, PA 17257 {l~W,..o rm4.J.L .:1.1+/95" ,J - ..A 1~ v ,IN THE COURT OF COHHON PLEAS 01' ,CUMBERLAND COUNTY, PENNSYLVANIA , ICIVIL ACTION - LAW I INOI 97-5778 CIVIL TERM 'IN CUSTODY JOSEPH W. RAND, plaintiff LISA K. SCALIA, Defendant CONCILIATION CQNJ'ERJ:NCI: Stn+fARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submit. the following report' 1. The pertinent information pertalnlng to the child who i. the subject of this litlgation ls as followsl Dominique Shay-Lisa Scalla, borll October 7, 1997. 2. A Conciliatlon Conterence was Ileld on January 20, 1998, with the following indivlduals 111 attendance, The Mother, Lisa K. Scalia, w/lo dld not have counsel, and the Father, Joseph W. Rand, who appeared wlth Thomas J. Williams, Esquire. 3. The partie. were before the ConcillAt.ion in December of 1997. A copy of the Conciliation Conference Sununary Report is attached hereto and incorporated in thls report, 4. The Mother is still unrepresented by counsel. The Father has had extensive time. of overnlght custody with the child since December, He suggest. that there has been no problems when he has custody of the cll1ld, Hot/ler i. not indicating that there are any spel7it1c problem.. However, Mother suggests she may want to move to South Carollna. She i. not in agreement with a specific order at thls tlme. However, she does not have an attorney and is not prepared for a hearing especially since she is has not filed a petltlon for relocation. S. The Concl1iator reconunends an Order that would provide Father time with the chlld whl1e he is off work, Father works as a barber and i/l off work from Saturday afternoon through Tuesday afternoon, The Conclllator recommends that the Order include a provislon that the Mother may file a petition to have this Order reviewed or, ln the alternative, petition to allow her to relocate to South Carolina. The Conciliator has advised the Hother that she would be better served if she retained u &~ .' . FEB 2 9 2000t/' LISA K. SCALIA. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA v CIVIL ACTION - LAW JOSEPH W. RAND, Defendant NO. 97-5778 CIVIL IN CUSTODY COURT ORDER , 1 ~u- c l, AND NOW, this ~ day of T:b III'). 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I. This COUlt's prior Order of February 3. 1998 is vacated. 2. The Mother. Lisa K, Scalia. WId the Father. Joseph W. Rand. shall enjoy shared legal custody of Dominique Shay-Lisa Scalia. born October 7, 1997, 3. The Mother shall enjoy primary physical custody of the minor child. 4, The Father shall enjoy periods of temporary physical custody of the minor child as follows: A. On alternating weekends from Friday after work through the following Monday when the Father shall return the child to the Mother when Mother gets home from school at approximately 5:00 p.m, . 8, On the weekend Father does not have custody starting on Friday, Father shall have custody from Sunday evening starting approximately at 5:00 p.m. until Monday evening until approximately 5:00 p.m. c. At such other times as agreed upon by the parties. f1 g q However, -if(tbe ~ies:~j ~}'.' ::0 ,r,:n 2t~ I .roi6.' (;}." ,,, ",),.. ::!;C ,) ~.: ~ 6~ t. Cl :;; frl .Ji'r- N.. I.) " ,; =-1 :::.:j N ~ -< ~ 5. The parties may alter this Court Order as they may agree, cannot agree on any modification. this Order shall control. 6. This Order is entered pursuant to an agreement reached by the parties at a Custody Conciliation Conference. In the event either party desires to modify this Order, that party may petition the Court to have the case again scheduled with the Custody Conciliator. Joseph W, Rand 29 East North Street Carlisle, PA 17013 J. cc: Gregory L. Cutler, Esquire .~ v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW NO. 97-5778 CIVIL IN CUSTODY LISA K. SCALIA, Plaintiff JOSEPH W. RAND, Defendant Prior Judge: J. Wesley Oler CONCILIATION CONFERENCE SUMMARY 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 inforr'.ation pertaining to the child who is the subject of this litigation is lIS follows: Dominique Shay-Lisa Scalia, born Octobl:r 7, 1997. 2. A Conciliation Conference was held on February 24, 2000, with the following individuals in attendance: The Mother, Lisa K. Scalia, with her counsel, Gregory L. Cutler, Esquire; and the Father, Joseph W, Rand, who appeared without legal counsel. 3. The parties agree to the entry of an order in the fonn as attached. .<!:u/o 0 DATE ); iJ ~ I ... ---- .j ... -> -- -- .- - - _.-- __h~~_ .. --.--" ,. - --"- . -+-....- ~ 0 ... Q' :;;'" 0 oil ~j ~o"" g 0>- 1.f1!::~ \.1.0 0( =",,"i' Q i:l ",g.;co ... :i: .:q ~~ ~ >-~t:: ~ ;:j=:l ~.:s2 ~ '" l:l-o . . ~_'~:_" .,', ., ' .. " . JAN -7 '1llIIl'. ""'F.<&::".#;:~~ LISA K, SCALIA. : IN TilE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYl.VANIA : CIVIL ACTION. LAW : CUSTODY P~tilioll~r v. JOSEPH W. RAND. Respl1l1d~11I : NO. 97.5778 PETITION f'OR MODIFICATION OF CUSTODY I. The Petition~r is Lisa K. SClllill. r~sidin!! lit II lIot Point Av~nue, Shippensburll, Pennsylvania 17257, 2. The Respondelll is Joseph W. Rand, 29 East Nonh Stre~t. ClIrlisle. Pennsylvania. 3, Petition~r s~eks custody of the following child: NAI\IE RESIDENCE QQB ~ Dominique Shay.Lisa Scalia IllIot Point Avenue, Shippensburg. PA 10/7/97 2 yrs. 3 months 4, The child was born out of wedlock. 5, The child is presently in the cuslody of Lisa K, Scalia. 6. During her life. the child has resided with Ihe following persons and at the following addresses: NAME Lisa K, Scalia ADDRESS II 1I0t Point Avenu~. Shipp~nsburll. PA DATES Pres~ntly ~~9 to 12/99 10/97 to 09/99 Joseph W. Rand and Lisa K, Scalia 29 E, Nonh Street, Carlisl~, PA Lisa K. Scalia IllIot Point Avenue. Shippensburg. PA 7, The mother of the children is Lisa K, Scalill. currelllly residing atllllot Point Avenue, Shippensburg. Pennsylvania, She is unmarried, 8. The father of the children is Joseph W. Rand, currently residing at 29 East Nonh Street, Carlisle, Pcnnsylvllnill. lie is unmarried. 9, Thll rlllation.hip of thll Plltitiollllr I<l Ihll childn:n i. Ihat of mothllr, Tht: Pt:litiont:r curn:nlly resides with thlllollowinll Pllr.on.: Domilli'iue M, Scalia. mOlhllr; LaShae Scalia, .isler; Anlhony NimlllY, stllp-falher, 10, Thll relalionship of the Respondent to Ihll children is that offather, Thll Respondent currently resides with thll lollowinll person.: Nonll 11. On February 3, 1998. a Cuslody Ord.:r was entered in the above-captioned mailer granting shared legal custody to Petitioner and Respondent (See Attached and Marked as Exhibit "A"). 12, Petitioner does not know of 0 person not a party to the proceedinlls who has physical custody of the children or claims to have custody or visitalion rights with respect to the children, 13, The best interest and permanent welfare of the child will be served by granting the relief requested for the following rllaSOIlS: A. A court ordered determination of custody is required to avoid continuing contlict between parties regarding parental responsibility for custody and support. B. Respondent is erratic. and his abusive behavior poses a threat of harm to the child. 14. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the children have been named as parties to this action, 15. Additional av'erments supporting Petitioner's re'iuestlor temporary or special relief: A, On approximately December 15. 1999. thc Respondent assaulted the Petitioner; B, Respondent has been charged with Simple Assault. 18 Pa,C,S,A, Section 2701; C. Respondent has violated n~merous conditions ofbai! prior to the preliminary hearing; D. A preliminllry hearing is scheduled for January 12.2000 in front of District Justice Correal. Cuml:-erland County. Carlisle, Pennsylvania; . ,~ f " .. -- ~~ -- ~ ~-, ~f1 O?1998 JOSBPH tI. RAND, Pl.intitl V ,IN THB COURT OF COHHON PLEAS OF ,CUMBBRLAND COUNTY, PBNNSYLVANIA , 'CIVIL ACTION - LAW , 'NOI 97-5778 CIVIL TBRM ,IN CUSTODY LISA K, SCALIA, Detendant COURT ORDER AND NOW, this ~ day of ~:jtJ::t\~ 1998, upon oonsideration of the attaohed Custody Conciliation Report, it is ordered and directed as. follows I 1. This Court's prior Order of December 24 , 1997, is vacated. 2. The Mother, Lisa K. Scalia, and the Father, Joseph W. Rand, shall enjoy shared legal custody of Dominique Shay-Lisa Scalia, born October 7, 1997. 3. The Mother shall enjoy primary physical custody of the minor child. 4. The Father shall enjoy periods of temporary physical custody of the minor child as follows: A, Every week from Saturday when the Father gets off work until Tuesday when the Father shall deliver the child back to the Mother prior to the Father commencing work on Tuesday. B. At such other times as agreed upon by the parties. 5. It is noted that this Order is entered pursuant to the attached Custody Conciliation Report and that the Mother was unrepresented at the Custody Conciliation Conference. In the event the Mother retains counsel and desires to have this Order reviewed by a Court hearing, counsel for the Mother can contact the Conciliator to conduct a Conciliation Conference with opposi"g counsel over the telephone and the matter can hhtbit "An (,~~ " -I-:/.ny I ~ ~ft , 00.J."119 ili 3::15 CU"' r"t.:,~'tll" , ,",-, '\IN P..: .J~~'.J, \.A~...:I~J f tNN~'r'L'IA\!f:\ ' I. /Y,m d/ d4/7 .-~c.b ;;7~ ~t.lC' C2N " 11f'.<!tt1 ~-=1tL ,IIVI.d:'/~ ~ . . /.If.~ &~I' ~#..;..... ~ ~~ ~ . LISA K. SCALIA PLAINTIFF IN TIll: COURT OF ('OMMON PLEAS OF ClIMllERLAND COllNTY.l'ENNSYLVANIA V. 97-5778 CIVIL ACTION LAW JOSEPH W. RAND DEFENDANT IN CUSTODY ORDER OF C'OI'RT AND NOW. Monday. September U, 2003 . upon consideration of the attached Complaint, it is hereby directed that parties and their respectIve counsel appear before ..-!lIi.bert X. Gilroy, Eoq. , the conciliator. at 4th Floor, Cumberland County Courthouse. Carlisle on .'rlday, October 17, 2003 at 9:30 AM for a Pre.llearing Custody Conference. At such conference. an effort will be made to resolve the issues in dispu:e; 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 aile five or older may also be present at the con/crence. Failure 10 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 ail edstlng Protection from Abuse orders, Special Relief orders, and Custody orden to the eoneillator 48 hours prior to scheduled hcarlna. FOR TIlE COURT, By: IsI ..Hu1zert X. Gilroy, Esq. ('uslody Conciliator The Court of Common Pleas of Cumberland Counly is required by law to comply with the Americans with Disabilites Act of 1990. For in/ormation abollt accessible facilities and reasonable accommodations available to di~abled individuals having business beline the court. please contact our ollice. Ail arrangements must be mude 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 AHORNEY AT ONCE. IF YOU DO NOT HAVE AN A HOR~EY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTII BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELl'. .-. # Cumberland County Aar Association J2 South 13edrord Street Carlisle. Pennsylvania 17013 Telephone (717)249-3166 ( ,. . . '.." , y. .i)j.cU &/. (~~A~7~ Z 4 D~ f..;l.;l '4.3 ~R~ -..4/..,.,,;;f ~ f~~a:~ ~~~~ #.~~p. , I I r i I I I I " 9. The natural father of the child is Joseph W. Rand. He is single. 10. The relationship of the Petitioner to the child is that of natural father. Petitioner currently resides alone. 11. The relationship of the Respondent to the child is that of natural mother. Respondent currently resides with the child. 12. The Petitioner has not participated as a party or a witness in any other capacity in litigation conceming the child, 13, Petitioner has no information of any custody proceeding conceming the child pending in any Court of this Commonwealth. 14, The child's best interest and permanent welfare would be significantly improved by modifying the existing Custody Order to allow Petitioner more time to spend with the child. 15. Petitioner does not know of any person not a party to these proceedings who claims to have custody or visitation rights with respect to the child. WHEREFORE, Petitioner requests your Honorable Court to grant her request to enter an Order scheduling a Custody Conciliation regarding the custody modification, Respectfully submiued, SEP 1 5 2003 c:iP:C Thomas S. Diehl, Esquire Allorney for DefendantlPetitioner One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 Dated: EXHIBIT A - FEB 2 9 2000lt USA K. SCALL-\. Plaintiff v IN THE COL"RT OF CO~1."ION PLEAS OF CL'~IBERLA. 'm COUNTY, PEN:'oiS YL VANIA CIVIL ACTION. LAW NO. 97.5778 CIVIL IN CUSTODY JOSEPH W, RAND, Defendant COURT ORDER . 1 ~~c.L, AND NOW, this -!1iL day of r -1. 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I. This Court's prior Order of February 3. 1998 is vacated. 2, The Mother, Lisa K. Scalia, and the Father, Joseph W. Rand, shall enjoy shared legal custody of Dominique Shay.Lisa Scalia, born October 7, 1997. 3. The Mother shall enjoy primary physical custody of the minor child, 4. The Father shall enjoy periods of temporary physical custody of the minor child as follows: A. On alternating weekends from Friday after work through the fllllowing Monday when the Father shall return the child to the Mother when Mother gets home from school at approximately 5:00 p.m. B, On the weekend Father does not have custody Starling on Friday, Father shall have custody from Sunday evening Starling approximately at 5:00 p,m, until Monday evening until approximately 5:00 p,m, C. At such other times as agreed upon by the panies. (") :;:) a !;;; -=:I ..,., 5. The panies ma}' aller this Court Order as they may agree, However';lf~e Pities=r'T1 cannot agree on llny modification, this Order shall control. ;;,: :::, ::t1 , 11 f'" ze- I .,.,~ ('l::: N 8:r ~D ::jli ?:. C"' ~ l'-;tI (~c. ~M 'r:-" .~ ~ ~ ," ~ ._~-_-:.:..- "-,- -.- -:. -., ~ . . 6. This Order is entered pursuant to an agreement reached by the parties at a Custody Conciliation Conference, In the event either party desires to modil)' this Order, that pally may petition the COUlt to have the case again scheduled with the Custody Conciliator. Joseph W. Rand 29 East North Street Carlisle, PA 17013 J. cc: Gregory L. Cutler. Esquire LISA K. SCALIA. Plaintitf N nlE COURT OF COMMON PLEAS OF CFMBERLAND COUNTY. PEl';~SYL V ANlA CIVIL ACTION - LAW :-i0. 97-5778 CrvIL r.-; CUSTODY ... JOSEPH W. RA.'.-o, Defendant Prior Judge: J, Wesley Oler CONCILlA nON CONFERE;\iCE SUMMARY REPORT Ii'i .\CCORDA."ICE \\<lTH THE CUMBERLA~D COlJNTY CIVIL R!;LE OF PROCEDURE I 915.3-S(b), the undersigned Custody Conciliator submits the foUo....ing repon: I. The pertinent infonnation pertaining to the child who is the subject of this litigation is as follows: Dominique Shay-Lisa Scalia, born October 7, 1997. 2. A Conciliation Conference was held on February 24, 2000, with the following individuals in attendance: The Mother, Lisa K. Scalia, with her counsel, Gregory L. Cutler, Esquire; and the Father, Joseph W. Rand, who appeared without legal counsel. 3. The parties agree to the entry of an order in the fonn as attached. -'< ! :u/ () 0 DATE Hubert X. Gilroy, Custody Concilia VERIFICATION I verifY that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904. relating to uns\liorn falsitication tll authorities. ~ 'I:~ ~ \---.) i<..J2 JOSEPH W. RAND, Plaintiff - .. , ""'..' I [~ " " n t--) r~ '. " ""t> ~ -"'~jl ~ ~ r ~ l.l , \ ! ~~. , '., I.. _.... - -C ,... t..I C" o ~~ ~ OCT 2 9 2003 y' LISA K. SCALIA, Pllllntlff IN TilE COllRT OF COMMON PLEAS OF CUMJJERLAND COlJNTY,l'ENNSYLV ANIA v CIVIL ACTION. LAW .' . ,JOSEI'll W. RAND, Defendllnt NO. 1997-5778 CIVIL IN ClISTOny COllj{T ORpt:R AND NOW, thIs ~ day of 0 c:t~ ~v , 2003, upon consideration of the attached Custody Conciliation Report, It Is ordered and direeted as follows: 1. ThIs court's prior order of !\larch I, 2000 Is vacated. 2. The !\Iother, Lisa K. Scalia, aud the Father, Joseph W. Rand, shall enjoy shared legal custody of Dominique Shay-Lisa Scalia, born October 7, 1997. 3. The Mother shall enjoy primary physical custody of the minor child. , 4. The Father shall enjoy periods of temporary physical custody of the minor child as follows: A. On alteraating weekends from Friday when Father gets 01T of work untll!\londay morning when the Father shall deliver the child to school or day care, as appropriate. B. Following Father's weekend, Father shall also have custody of the minor child from Wednesday when Father gets 01T of work until Thursday morning when Father shall deliver the minor child to school or day care, a~ appropriate. C. At such other times as agreed. S. In the event Father's delivery of the child to school on !\Ionday and Thursday morning results in the minor child being late or Incurring an unexcused absence from school for more than 2 occasions, Father's periods of temporary custody shall revert to ending on the weekends on Sunday evening at 8:00 p.m. and on Wednesday evening at 8:00 p.m. 6. Each party shall enjoy equal time with the minor child on all major holidays, the tlmeframe 10 be arranged between the parties. : \f\I'Nt"'~~;'iN?~"""t'\ IJl'Irf.(! (1\\;>:\1" ,-.J \ \ :\: \\.)1 \ f, l.'j';) t,O ,,1.\ :'.0 ,:;..\~ ,,'.> ", .'. , :;.j\~:',.. :l \,: JOSEPH W. RAND, Plaintiff V. LISA K. SCALIA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97- ,5'"77.j IN CUSTODY PLAINTIFF'S COMPLAINT TO CONFIRM CUSTODY 1. Plaintiff is Joseph W. Rand, an adult individual ctm'ently residing at 160 East North Street, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Lisa K. Scalia, an adult individual currently residing at 11 Hot Point Avenue, Shippensburg, Cumberland County, Pennsylvania 3. Plaintiff seeks custody of the child, Dominique Shay-Lisa Scalia, who was born on October 7, 1997. The child was born out of wedlock. Since the child's birth, the child has resided with the fbllowing persons at the following addresses for the following periods of time: The child has resided with the Defendant at the above address since birth. The natural mother of the child is Defendant who resides as aforesaid. She is single and living separately. The natural father of the child is Plaintiff who resides as aforesaid. He is single and living separately. 4. resides with the following: Name Dominique Shay-Lisa Scalia Dominique Scalia The relationship of the Plaintiffto the child is that of mother. The Plaintiff currently Relationship Daughter Mother currently resides with the following: Name Barbara Jo Rand Dennis Hamilton Robert L. Morrison, Jr. The relationship of the Defendant to the child is that of father. The Defendant Mother Mother's fiancee Friend 6. The parties have not participated in previous litigation concerning the custody of the child in this court or any court. The Plaintiff has no information of a custody proceeding concerning the child pending in any other court. 7. The best interest and permanent welfare of the child will be served by granting shared legal and physical custody to Plaintiff because: the infant child needs to bond with both parents. 8. Plaintiff does not know of any person not a part2.? to these proceedings who claims to have custody or visitation rights with respect to the child. WHEREFORE, Plaintiff requests your Honorable Court to set a time and place for a hearing at which Plaintiff requests the Court to grant Plaintiff the Custody Order. Pending said hearing, Plaintiff requests temporary custody. MARTSON, DEARDORFF, WILLIAMS & OTTO BYThomas J. Willi2s, E/~squ'~re Ten East High Street Carlisle, PA 1'7013 (717) 243-3341 Attorneys for Plaintiff Date: October 20, 1997 The foregoing Complaint to Confirm Custody is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the Complaint and to the extent that the document is based upon information which I have given to my counsel, it is tree and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Joseph W. Rand F:/F[LES\DATAFILE/GEN DOC97~8981 -COM. I/tde Created: 10/17/97 02:29:27 PM t~.evised: ]0/17/97 02:39:20 PM JOSEPH W. RAND, Plaintiff IN THE COURt[ OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97- -~"~'77C~ CtL~ ~ LISA K. SCALIA, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this ~ day of~-'~C, 1997, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before .l~k:~C~ ')(. C3~ \~-C~l, ~q3, , the conciliator, at~:Ot on the ~ day of ~C~¢c-x~,t~ C- , 19q~ at El; CbqD ct. ,m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a temporary order. All children age five or older may also be lxesent at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact 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 heating. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 Telephone (717) 240-6200 OEC 3 1997 JOSEPH W. RAND, Plaintiff V LISA K. SCALIA, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :NO: 97-5778 CIVIL TERM : : :IN CUSTODY u~s~~ COURT ORDER AND NOW, this day of December, 1997, upon consideration of the attached ~ody Conciliation Report:, it is ordered and directed as follows: 1. This Order shall be a temporary custody Order subject to review at a later time by the Court after a Custody Conciliation and a Court hearing, if necessary. The Mother shall enjoy primary physical custody of the minor child, Dominique Shay-Lisa Scalia, born October 7, 1997. The Father shall enjoy periods of temporary physical custody of the minor child as follows: A. On December 19 from 12:00 noon until 4:00 p.m. e Be On December 22 from 10:00 a.m. until 5:00 p.m. On Christmas Day, December 25, from 3:00 p.m. until 7:00 p.m. D. On the following weekends starting on January 27 and for every weekend thereafter from Saturday at 4:00 p.m. overnight Sunday until 5:00 p.m. The parties shall meet with the Custody Conciliator for another Conference on Tuesday, January 20, 1998 at 2:30 p.m. Father shall handle all transportation for exchange of custody. Father shall ensure that he shall have the appropriate car seats for the minor child for handling transportation. Additionally, Father shall ensure that he shall have an appropriate sleeping arrangement for the minor child. If desired by the Mother, Mother may visit the Father's home on one occasion to review the living accommodations. If requested by the Father, Father may do the same with the Mother. ® The above Order is a temporary Order and should not prejudice either party from seeking a modification at further Court proceedings. The Mother may seek to have more limitations on the Father's time with the minor child or the Father may seek to have additional time if required. Exchange of custody of the minor child shall be at the Mother's home at 11 Hot Point Avenue, Shippensburg, Pennsylvania. Father shall handle all transportation for exchange of custody. cc: Thomas J. Williams, Esquire Lisa K. Scalia 11 Hot Point Avenue Shippensburg, PA 17257 Jm JOSEPH W. RAND, Plaintiff V LISA K. SCALIA, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :NO: 97-5778 CIVIL TERM : : :IN CUSTODY CONCILIATION CON~'mF~ENCE SUI~WARYREPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the child who is the subject of this litigation is as follows: Dominique Shay-Lisa Scalia, born October 7, 1997. A Conciliation Conference was held on December 19, 1997, with the following individuals in attendance: The Father, Joseph W. Rand, with his counsel, Thomas J. Williams, Esquire; and the Mother Lisa K. Scalia, who appeared without counsel but did have the benefit of consulting with her mother, Dominique Scalia. The Mother is 18 years old and.the Father is 22. The parents were never married. The child has been in the custody of the Mother since the child was born. Father seeks shared custody on a 50/50 basis. Father has had limited contact with the child since the child was born. However, the child is only approximately two months old. The Conciliator recommends that we have a interim period of time with the Father enjoying temporary physical custody with the minor child and then the parties come back for another Custody Conciliation Conference. This will give the Father an opportunity to demonstrate that he can take care of the child and will give the Mother an opportunity to judge the Father's abilities in this issue. Mother also indicated she may want to get an attorney for any further proceedings. The Conciliator notes that the Mother dld have an attorney who corresponded with the Conciliator and had requested a rescheduling of the Conciliation Conference. However, that attorney withdrew his representation of the Mother prior to the Conference. attached. DATE The Conciliator recommends that the Court adopt an Order as Hubert X,, Gilroy, E~uire Custody Conciliator JOSEPH W. RAND, Plaintiff V LISA K. SCALIA, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :CIVIL ACTIOW - LAW : :NO: 97-5778 CIVIL TERM :IN CUSTODY COURT ORDER AND NOW, this ~,~ day of ~ 1998, upon the attached Custody Conciliation Report, it directed as follows: consideration of is ordered and This Court's prior Order of December 24 , 1997, is vacated. The Mother, Lisa K. Scalia, and the Father, Joseph W. Rand, shall enjoy shared legal custody of Dominique Shay-Lisa Scalia, born October 7, 1997. ® The Mother shall enjoy primary physical custody of the minor child. The Father shall enjoy periods of temporary physical custody of the minor child as follows: Every week from Saturday when the Father gets off work until Tuesday when the Father si%all deliver the child back to the Mother prior to the Father commencing work on Tuesday. B. At such other times as agreed upon by the parties. It is noted that this Order is entered pursuant to the attached Custody Conciliation Report and that the Mother was unrepresented at the Custody Conciliation Conference. In the event the Mother retains counsel and desires to have this Order reviewed by a Court hearing, counsel for the Mother can contact the Conciliator to conduct a Conciliation Conference with opposing counsel over the telephone and the matter can then be set for a hearing. It is noted that Mother does not specifically agree with the Order as set forth herein. It is further noted that Mother reserves the right to file a petition for relocation in that she has suggested she may be considering moving out of the Commonwealth of Pennsylvania. cc: Thomas J. Williams, Esquire Lisa K. Scalia 11 Hot Point Avenue Shippensburg, PA 17257 JOSEPH W. RAND, Plaintiff V LISA K. SCALIA, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :CIVIL ACTI~ - LAW : :NO: 97-5778 CIVIL TERM :IN CUSTODY CONCILIATION CON~2RENCE SDI~4ARYREPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the child who is the subject of this litigation is as follows: Dominique Shay-Lisa Scalia, born October 7, 1997. e A Conciliation Conference was held on January 20, 1998, with the following individuals in attendance: The Mother, Lisa K. Scalia, who did not have counsel, and the Father, Joseph W. Rand, who appeared ~dth Thomas J. Williams, Esquire. The parties were before the Conciliation in December of 1997. A copy of the Conciliation Conference Summary Report is attached hereto and incorporated in this report. The Mother is still unrepresented by counsel. The Father has had extensive times of overnight custody with the child since December. He suggests that there has been no problems when he has custody of the child. Mother is not indicating that there are any specific problems. However, Mother suggests she may want to move to South Carolina. She is not in agreement with a specific order at this time. Howew~r, she does not have an attorney and is not prepared for a hearing especially since she is has not filed a petition for relocation. The Conciliator recommends an Order that would provide Father time with the child while he is off w~rk. Father works as a barber and is off work from Saturday afternoon through Tuesday afternoon. The Conciliator recommends that the Order include a provision that the Mother may file a petition to have this Order reviewed or, in the alternative, petition to allow her to relocate to South Carolina. The Conciliator has advised the Mother that she would be better served if she retained legal counsel in order to proceed on these issues. The Conciliator feels that in the event the Mother retains counsel, that counsel can contact the Conciliator and opposing counsel by phone and get the matter scheduled for a hearing before the Judge rather than coming back for another Conciliation Conference. DATE Hubert , Custody Conciliator LISA K. SCALIA, Plaintiff v JOSEPH W. RAND, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C1VIL ACTION - LAW NO. 97-5778 CIVIL IN CUSTODY' COURT ORDER AND NOW, this {s~ day of ~, 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. This Court's prior Order of February 3, 1998 is vacated. The Mother, Lisa K. Scalia, and the Father, Josep]h W. Rand, shall enjoy shared legal custody of Dominique Shay-Lisa Scalia, bom October 7, 1997. 3. The Mother shall enjoy primary physical custody of the minor child. The Father shall enjoy periods of temporary physical custody of the minor ch/Id as follows: On alternating weekends from Friday after work through the following Monday when the Father shall retum the child to the Mother when Mother gets home from school at approximately 5:00 p.m. On the weekend Father does not have custody starting on Friday, Father shall have custody fiom Sunday evening starting approximately at 5:00 p.m. until Monday evening until approximately 5:00 p.m. C. At such other times as agreed upon by the parties. The parties may alter this Court Order as they may agree. However,_qf~e pt~ties~ cannot agree on any modification, this Order shall control. o This Order is entered pursuant to an agreement reached by the parties at a Custody Conciliation Conference. In the event either party desires to modify this Order, that party may petition the Court to have the case again scheduled with the Custody Conciliator. CC: Gregory L. Cutler, Esquire Joseph W. Rand 29 East North Street Carlisle, PA 17013 BY THE COURT ~..]Wesley Ole~..)' c-,t~, J' LISA K. SCALIA, Plaintiff V JOSEPH W. RAND, Defendant Prior Judge: J. Wesley Oler IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 97-5778 CIVIL IN CUSTODY ~CONCILIATION CONFERENCE SUMMARY REPORI' IN ACCORDANCE WITH THE 1915.3-8(b), CUMBERLAND COUNTy CIVIL RULE OF PROCEDURE the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Dominique Shay-Lisa Scalia, bom October 7, 1997. A Conciliation Conference was held on February 24, 2000, with the following individuals in attendance: The Mother, Lisa K. Scalia, with her counsel, Gregory L. Cutler, Esquire; and the Father, Joseph W. Rand, who appeared without legal counsel. The parties agree to the entry of an order in the form as attached. DATE Hubert X. Gilroy, Custody Concilia59t LISA K. SCALIA, JOSEPH W. RAND, 17257. IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CUSTODY Respondent NO. 97-5778 PETITION FOR MODIFICATION OF CUSTODY 1. The Petitioner is Lisa K. Scalia, residing at 11 Hot Point Avenue, Shippensburg, Pennsylvania 2. The Respondent is Joseph W. Rand, 29 East North Street, Carlisle, Pennsylvania. 3. Petitioner seeks custody of the following child: NAME RESIDENCE DOB AGE Dominique Shay-Lisa Scalia 11 Hot Point Avenue, Shippensburg, PA 10/7/97 2 yrs. 3 months NAME Lisa K. Scalia 4. The child was born out of wedlock. 5. The child is presently in the custody of Lisa K. Scalia. 6. During her life, the child has resided with the following persons and at the following addresses: ADDRESS DATES 11 Hot Point Avenue, Shippensburg, PA Presently Joseph W. Rand and Lisa K. Scalia Lisa K. Scalia 29 E. North Street, Carlisle, PA 11 Hot Point Avenue, Shippensburg, PA 09/99 to 12/99 10/97 to 09/99 7. The mother of the children is Lisa K. Scalia, currently residing at 11 Hot Point Avenue, Shippensburg, Pennsylvania. She is unmarried. 8. The father of the children is Joseph W. Rand, currently residing at 29 East North Street, Carlisle, Pennsylvania. He is unmarried. 9. The relationship of the Petitioner to the children is that of mother. The Petitioner currently resides with the following persons: Dominique M. Scalia, mother; LaShae Scalia, sister; Anthony Nimley, step-father. 10. TherelationshipoftheRespondenttothechildrenisthatoffather. The Respondent currently resides with the following persons: None 11. On February 3, 1998, a Custody Order was entered in the above-captioned matter granting shared legal custody to Petitioner and Respondent (See Attached and Marked as Exhibit 12. Petitioner does not know ora person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 13. The best interest and permanent welfare of the child will be served by granting the relief requested for the following reasons: A. A court ordered determination of custody is required to avoid continuing conflict between parties regarding parental responsibility for custody and support. B. Respondent is erratic, and his abusive behavior poses a threat of harm to the child. 14. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the children have been named as parties to this action. 15. Additional averments supporting Petitioner's request for temporary or special reliefi A. On approximately December 15, 1999, the Respondent assaulted the Petitioner; B. Respondent has been charged with Simple Assault, 18 Pa.C.S.A. Section 2701; C. Respondent has violated numerous conditions of bail prior to the preliminary hearing; D. A preliminary hearing is scheduled for January 12, 2000 in front of District Justice Correal, Cumberland County, Carlisle, Pennsylvania; E. Detective Richard Killinger of the Shippensburg Police Department is currently investigating an incident that occurred on December :25, 1999, which may result in the Respondent being charged with, but not limited to, Harassment and Stalking, 18 Pa.C.S.A. Section 2709, Criminal Attempt, 18 Pa.C.S.A. Section 901, and Criminal Conspiracy, 18 Pa.C.S.A. Section 903. WHEREFORE, Petitioner requests the Court to grant sole castody of the children to ?etitioner. Respectfully submitted, Z2X : / /o /o o Attorney for Petitioner 50 East High Street Carlisle, PA 17013 Telephone: (717)258-8558 Supreme Court ID No. 73471 VERIFICATION I verify that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §49(}4, relating to unsworn falsification to authorities. JOSEPH W. RAND, Plaintiff V LISA K. SCALIA, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :CIVIL ACTION'- LAW : :NO: 97-5778 CIVIL TERM :IN CUSTODY COURT ORDER AND NOW, this ~,~ day of ~ 1998, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as4follows: i. This Court's prior Order of December 24 , 1997, is vacated. The Mother, Lisa K. Scalia, and the Father, Joseph W. Rand, shall enjoy shared legal custody of Dominique Shay-Lisa Scalia, born October 7, 1997. e The Mother shall enjoy primary physical custody of the minor child. The Father shall enjoy periods of temporary physical custody of the minor child as follows: Every week from Saturday when the Father gets off work until Tuesday when the Father shall deliver the child back to the Mother prior to the Father commencing work on Tuesday. Bm B. At such other times as agreed upon by the parties. It is noted that this Order is entered pursuant to the attached Custody Conciliation Report a.ud that the Mother was unrepresented at the Custody Conciliation Conference. In the event the Mother retains counsel and desires to have this Order reviewed by a Court hearing, counsel for the Mother can contact the Conciliator to conduct a Conciliation Conference with opposing counsel over the telephone and the matter can then be set for a hearing. It is noted that Mother does not specifically agree with the Order as set forth herein. It is further noted that Mother reserves the right to file petition for relocation in that she has suggested she may be considering moving out of the Commonwealth of Pennsylvania. cc: Thomas J. Williams, Esquire Lisa K. Scalia 11 Hot Point Avenue Shippensburg, PA 17257 BY THE COURT, ~ - .I'E LISA K. SCALIA, JOSEPH W. RAND, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CUSTODY Respondent : NO. 97-5778 ORDER OF COURT AND NOW, ,2000, upon consideration of the attached Petition to Modify Custody, it is hereby directed that the parties and their respective counsel appear before \.~xr'ff-~ ~ ,~'~\~'(O'-~ ~ ~2'-,0k, , the conciliator, at't~X tl~% ~('~1¥(~¥~_ ((l~ (.~~ on the ~)t-& day of x~-~.~) _, 2000, at q: 50 o'clock, ~ .m., for a Pre-Hearing Custody Conference. At such conference, :an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and nan'ow 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 tbe conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT: Custody Cortciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact 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 LAWYER AT ONCE. 1F 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 Cumberland County Court House, Fourth Floor Carlisle, PA 17013 (717) 240-6200 LISA K. SCALIA, Plaintiff/Respondent V. JOSEPH W. RAND, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CLrMBERLAND COUNTy, PENNSYLVANIA : CIVIL ACTION' - CUSTODY : NO. 97-5778 CIVIL TERM : : IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY 1. The Petitioner is the above-named Defendant, Joseph W. Rand, an adult individual currently residing at 29 East North Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Respondent is the above-named Plaintiff, Lisa K. Scalia, an adult individual currently residing at 46 Kensington Drive, Chambersburg, Franklin County, Pennsylvania 17201. 3. The parties are the natural parents of the child Dominique Shay-Lisa Scalia, bom October 7, 1997. 4. The parties are currently subject to a Custody Onter dated March 1, 2000, which was the result of an agreement reached at a Custody Conciliation Conference. A copy of the resulting Order is attached hereto and incorporated herein by reference as Exhibit "A." 5. There have been no additional actions relative to custody of the within named child in any jurisdiction to the Petitioner's knowledge. 6. Since the entry of the Court's Order of March 1, 2000, the child has primarily resided with the Respondent. The Petitioner desires to increase his periods of partial physical custody. The natural mother of the child is Lisa K. Scalia. She is single. 9. The natural father of the child is Joseph W. Rand. He is single. 10. The relationship of the Petitioner to the child is that of natural father. Petitioner currently resides alone. 11. The relationship of the Respondent to the child is that of natural mother. Respondent currently resides with the child. 12. The Petitioner has not participated as a party or a witness in any other capacity in litigation concerning the child. 13. Petitioner has no information of any custody proceeding concerning the child pending in any Court of this Commonwealth. 14. The child's best interest and permanent welfare would be significantly improved by modifying the existing Custody Order to allow Petitioner more time to spend with the child. 15. Petitioner does not know of any person not a party to these proceedings who claims to have custody or visitation rights with respect to the chikl. WHEREFORE, Petitioner requests your Honorable Court to grant her request to enter an Order scheduling a Custody Conciliation regarding the custody modification. Dated: 2003 Respectfully submitted, Attorney for Defendant/Petitioner One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 EXHIBIT A LISA K. SCALIA, Plaintiff V JOSEPH W. RAND, Defendant tN THE COURT OF COM2MON PLEAS OF CL.%IBERLAND COUNTY, PENNSYLVANIA CIVIL ACFION - LAW NO. 97-5778 CIVIL tN CUSTODY ~COURT ORDER AN-D NOW, this ~ day of~n~, 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. This Court's prior Order of February 3, 1998 is vacated. 2. The Mother, Lisa K. Scalia, and the Father, Joseph W. Rand, shal/enjoy shared legal custody of Dominique Shay-Lisa Scalia, bom October 7, 1997. 3. The Mother shall enjoy primary physical custody of the minor child. 4. The Father shall enjoy periods of temporary physical custody of the minor child as follows: On alternating weekends fi.om Friday ag[er work through the following Monday when the Father shall return the child to the Mother when Mother gets home 5:00 p.m. fi.om school at approximately On the weekend Father does not have custody starting on Friday, Father shall have custody from Sunday evening starting approximately at 5:00 p.m. until Monday evening until approximately 5:00 p.m. C. At such other times as agreed upon by the part/es. The parties may alter this Court Order as the · v cannot agree on any modig--.: ....... ~ ma. agree. However, .... -~v~, tins uruer shall control. This Order is entered pursuant to an agreement reached by the part/es at a Custody Conciliation Conference. In the event either party desires to modify th/s Order, that party may Petition the Court to have the case again scheduled with the Custody Conciliator. CC.' Gregory L. Cutler, Esquire Joseph W. Rand 29 East North Street Carlisle, PA 17013 BY TI-rE COURT,._. LISA K. SCALIA, Plaintiff CIVIL ACTION. LAW : JOSEPH W. RAND, : NO. 97-5778 CIVIL Defendant : IN CUSTODY Prior .fudge: J. Wesley Oler : IN TI-IE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CONCILIATION CONFERENCE SU3~[MARY REPORT IN' ACCORDANCE WITH THE CUMBERLAND COUNTY CML RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: I. The pertinent information pertaining to the child who, is the subject of this litigation is as follows: Dominique Shay-Lisa Scalia, bom October 7, 1997. A Conciliation Conference was held on February 24, 2000, with the following individuals in attendance: The Mother, Lisa K. Scalia, with her counsel, Gregory' L. Cutler, F_aquire; and the Father, Joseph W. Rand, who appeared without legal counsel. The parties agree to the entry of an order in the form as attached. DATE ert X. Gilroy, F_~so~tre -- Custody Conciliatfi~ VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. JOSEI~H ~. RAND, Plaintiff LISA K. SCALIA : IN 'DtE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. 97-5778 CIVIL. ACTION LAW JOSEPH W. RAND : IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, September 22, 2003 , upon ccmsideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, October 17, 2003 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be l~resent 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: /s/ Hubert X. Gilroy. Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FiND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17'013 Telephone (717) 249-3166