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HomeMy WebLinkAbout97-05939h u ?c A7 i a v L lw v. n c!? 9 LEANN M. STEPHENS IN THE COURT OF COMP:ON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 5939 CIVIL 1997 DAVID H. STEPHENS CUSTODY AFFIDAVIT OF SERVICE STATE OF PENNSYLVANIA SS COUNTY OF CUMBERLAND FRANCES H. DEL DUCA, attorney for plaintiff, being duly sworn according to law, deposes and says tha* she is an attorney having her office at Ten West 111gh Street. Carlisle, Pennsylvania, and that she is admitted to practice in the courts of Cumberland County; that she served a copy the Complaint in Custody in the above matter by .-.ailing same Certified Mail, on November 4, 1997, and that said document was received by the defendant, David H. S::ephens, on November 5, 1997, as evidenced by return receipt card No. P198566079 attached hereto. ?nces H. Del DUC3, Esquire SUBSCRIBED and sworn to before me this day of November, 1997. Notary Pub is h) A. ETC°C+i SHIRLEY P. t V ..£R ?.)T+ U Pt: GIJC . cariWo 00, C 5':j M My Camm? i . 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SlcFhr(15 : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION LAW • pov c? `J?cFhcr?5 :NO. Sq 3c1 CIVIL 19011 Defendant : CUSTODY/VISITATION ORDER OF COURT AND NOW, this ? k day of OCkknc t' , upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before theconciliator,at*k4"l CCf4kKrtC?M,Cqn4xrVr'C\Co. Cc-1rwhWSe _ on the day of pe?e?ber", 19Rt , at > >'.OU AM., for a Prehearing 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 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: I IL&-33A X.?_Ogm.. Custody Conciliator (-Vx,,> 0 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 FOR BELOW TO FINS OUT WHERE YOU CAN GET LEGAL HELP. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, FOURTH FLOOR CARLISLE, PA 17013 (717) 240-8200 16 -31 /o .7 ?, LEANN M. STEPHENS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. No. 97-6-q 31 &cµd 7-44,? DAVID H. STEPHENS IN DIVORCE L? 6, S rety ORDER OF COURT AND NOW, this 3 ? day of c)ocv Der , 1997, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before the conciliator, at on the day of 1997, at m., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By 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 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 717-240-620 LEANN M. STEPHENS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 97- 5q3!! ('?U,QTev>r.. DAVID H. STEPHENS IN CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Leann M. Stephens, who resides at 121 Hunter Road, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is David H. Stephens, who resides at 7 Brookview Drive, Newville, Cumberland County, Pennsylvania, 17241. 3. Plaintiff seeks custody of the following child: Victoria Marie Stephens born January 25, 1993 The child was born of the marriage of the parties. The child is presently in the custody of plaintiff. The child has resided with both parents as follows: 138 Amy Drive, Carlisle, PA from January 1993 to October 1994; 121 West Hunter Road, Carlisle, PA from October 1994 to October 1996; and 7 Brookview Drive, Carlisle, PA from October 1996 to May 1997. The mother of the child is Leann M. Stephens. The father of the child is David H. Stephens. 4. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 5. The best interest and permanent welfare of the children will be served by granting the relief requested because the child should have a close and continuing relationship with both parents and plaintiff has been the primary caretaker of the children. 6. Each parent whose parental rights to the children have not terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, plaintiff requests the court to grant primary and or shared custody of the child. -- Frances H. Del Duca Attorney for Plaintiff Dated: October 27, 1997 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 10 Pa.C.S. Sec. 4904 relating to unsworn falsification to authorities. Dated: 1VI -R7/ " 7 C2.t/l 2V ?A /I?Lf/?J _ 0 4i ti L? DEC 111991' LEANN M. STEPHENS, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA t V :CIVIL ACTION - LAW t DAVID H. STEPNENS, tNO: 5939 CIVIL 1997 Defendant :IN CUSTODY COURT ORDER AND NOW, this /sue day of December, 1997, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, David H. Stephens, and the Mother, Leann M. Stephens, shall enjoy shared legal custody of Victoria Marie Stephens, born January 15, 1993. 2. The Mother shall enjoy primary physical custody of the minor child. 3. The Father shall enjoy periods of temporary physical custody of the minor child as follows: A. On two weekends our of four, from Thursday morning when the Father gets off work until Saturday at 3:30 p.m. B. On the other two weekends, from Thursday morning when the Father gets off work until Friday at 6:30 p.m. C. The above weekend schedule shall alternate so that Father shall have two days on one weekend and one day the following weekend. D. The parties shall share holidays. For Christmas 1997, the Father shall pick the child up on Wednesday morning when Father gets off work until Christmas Day at 3:30 p.m. Mother shall have custody on all day Christmas. Future holidays shall be shared or alternated on a schedule to be arranged between the parties. E. Father shall be afforded additional periods of temporary custody as agreed by the parties. 4. When the child is in the care of a parent and that parent requires day care for the child for a significant period of time, the custodial parent should contact the non-custodial parent and offer the opportunity to provide day care to that parent with the understanding that the custodial parent can dictate the time of delivery and pickup under those circumstances. 7. 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 for a conference with the Custody Conciliator. 8. While Father is in custody of the minor child, Father shall ensure that he is always present and does not leave the child in the custody of a third party. Furthermore, before the Father will allow his brother, Robert Stephens, to be in the presence of the minor child, Father will obtain permission from the Mother or have this Order modified by agreement of the parties or Order of Court. BY THE COURT, cc: Frances H. Del Duca, Esquire David H. Stephens 7 Brookview Drive Newville, PA 17241 ;r LEANN M. STEPHENS, Plaintiff V DAVID H. STEPHENS, Defendant :ZN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : tCIVIL ACTION - LAW t ;NO: 5939 CIVIL 1997 :IN CUSTODY 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: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Victoria Marie Stephens, born January 25, 1993. 2. A Conciliation Conference was held on December 5, 1997, with the following individuals in attendance: The Father, David H. Stephens, who appeared without counsel) and the Mother Leann M. Stephens, with her counsel, Frances H. Del Duca, Esquire. 3. The parties agreed to the entry of order in the form as attached. IOQg q7 - DATE' Hubert X. Gilroy, Esquire Custody Conci ator I -, . Sheri D. Coover, Esquire Attorney for Petitioner Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 (717) 960-0075 (telephone) (717) 960-0074 (facsimile) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LEANN M. STEPHENS, CIVIL ACTION Petitioner NO. 5939 CIVIL 1997 V. DAVID H. STEPHENS, CUSTODY Respondent PETITION FOR SPECIAL RELIEF AND NOW, comes Petitioner Leann M. Stephens, by and through her attorney, Sheri D. Coover, Esquire and files the following Petition for Contempt/Petition for Special Relief and in support thereof avers as follows: 1. By Order of Court dated December 12, 1997, Petitioner was granted primary physical custody of the minor child, Victoria Marie Stephens (DOB 1/25/93). 2. The December 12, 1997 Court Order granted Respondent periods of temporary physical custody including alternating weekends and Thursday evenings on the off weekends. 3. Respondent was also granted periods of temporary physical custody as agreed upon by the parties. 4. On or around March 23, 2009, the child got upset with a "time out" punishment that was imposed upon her by the Petitioner and as a result asked the Respondent to pick her up from the Petitioner's home. 5. The Petitioner expressed to the child that the child was not to leave the home at that time. 6. Respondent picked the child up from the Petitioner's home without consulting with the Petitioner and without receiving her consent. 7. The Petitioner did not consent to the Respondent exercising custody over the child at that time. 8. Upon information and belief, the Respondent took the child to his home in Shippensburg. 9. Petitioner attempted to contact the child numerous times by telephone at the Respondent's home and was informed that the child was there but was not able to speak to her. 10. On the one occasion that the child was allowed to be on the telephone, the Petitioner heard the Respondent say that the child did not have to talk to the Petitioner and the phone immediately went dead. 11. The child is enrolled at Boiling Springs High School in the Boiling Springs School District. 12. The child did not attend school on March 24, 2009 and the Petitioner is without knowledge of whether Respondent intends to take the child to school in the future. 13. The Petitioner is without knowledge as to when she will again have an opportunity to speak to the child or when the Respondent intends to return the child to the Petitioner's care and custody. 14. The Respondent is in contempt of the Court Order by taking the child from the care and custody of the Petitioner without obtaining the Petitioner's consent. . a WHEREFORE, Petitioner respectfully requests that this Court enter a an Order granting her Petition for Special Relief and enter an Order which directs that the child is to immediately return to her care and custody and that the Respondent be found in contempt of the December 12, 1997 Court Order and that fines and/or imprisonment be imposed upon the Respondent as this Court deems to be just and appropriate. submitted, ?tleri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 Sheri D. Coover, Esquire Attorney for Plaintiff Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 (717) 960-0075 (telephone) (717) 960-0074 (facsimile) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LEANN M. STEPHENS, Petitioner V. DAVID H. STEPHENS, Respondent CIVIL ACTION NO. 5939 CIVIL 1997 CUSTODY VERIFICATION I, Leann Jonas, verify that the., statements made in this complaint are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. 3-21/-2009 Date C 41-'n _J onAuZ) flan Leann (Stephens) Jonas Sheri D. Coover, Esquire Attorney for Petitioner Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 (717) 960-0075 (telephone) (717) 960-0074 (facsimile) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LEANN M. STEPHENS, Petitioner V. DAVID H. STEPHENS, Respondent CIVIL ACTION NO. 5939 CIVIL 1997 CUSTODY CERTIFICATE OF SERVICE I, Sheri D. Coover, Esquire hereby certify that on this 24th day of March 24, 2009, I caused the foregoing PETITION FOR CONTEMPT/PETITION FOR SPECIAL RELIEF to be served upon Respondent by United States First Class mail addressed as follows: David H. Stephens 309 S. Fayette Street Shippensburg, PA 17257 submitted, ?fieri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 7Z IA W J rs C.? Sheri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 (717) 960-0075 Attorney for Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LEANN M. STEPHENS, Petitioner V. DAVID STEPHENS, Respondent CIVIL ACTION CASE NO. 5939 CIVIL 1997 JUDGE HESS CUSTODY AMENDED PETITION FOR SPECIAL RELIEF AND NOW, comes Petitioner Leann M. Stephens (Jonas) by and through her attorney, Sheri D. Coover, Esquire and files the following Petitioner for Contempt/Sepcial Relief and in support thereof avers as follows: 1. On March 24, 2009, undersigned counsel filed a Petition for Special Relief. 2. It is the understanding of undersigned counsel that Judge Hess denied the request for Special Relief and referred the matter to be heard in conciliation. 3. Since the time of the filing of the Petition, Respondent had the minor child withdrawn from school at Boiling Springs and enrolled the child in school with the Shippensburg School system. 4. The minor child attended her first day of school on March 27, 2009. fi 5. Petitioner appeared at the Shippensburg school to retrieve the child as she still has custody under the last Court Order. 6. Representatives from the school district and solicitor's office made numerous calls to the office of undersigned counsel regarding the custody of the child. 7. Ultimately, the school released the child to the Respondent, because they were not able to determine if it was during his period of temporary physical custody. 8. It is anticipated that Petitioner will appear at the school again on Monday, March 30, 2009 to demand the child be returned to her custody as specified by the Court Order. 9. The school district desires that an Order be entered on Monday, March 30, 2009 to direct them with what to do regarding the custody of the child as it is anticipated that the school district will be placed in a dilemma with the parents regarding the custody of the child. 10. The child has been withheld from Petitioner's care and Petitioner has not been allowed to communicate with child since the child was wrongfully taken from her custody on March 23, 2009. 11. Upon information and belief, Respondent does not intend to return the child to Petitioner's care and custody or allow the child to reasonably communicate with the Petitioner. 12. The current Order which refers this matter for conciliation will not adequately address the problems that the Petitioner is currently facing or the issue to be resolved by the School District as the conciliation will not be able to be scheduled for a C Sheri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 (717) 960-0075 Attorney for Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LEANN M. STEPHENS, CIVIL ACTION Petitioner CASE NO. 5939 CIVIL 1997 V. : JUDGE HESS DAVID STEPHENS, Respondent CUSTODY CERTIFICATE OF SERVICE I, Sheri D. Coover, Esquire hereby certify that on this ')-I day of March, 2009, I caused the foregoing AMENDED PETITION FOR SPECIAL RELIEF to be served upon the following party by U.S. First Class mail addressed as follows: David H. Stephens 309 S. Fayette Street Shippensburg, PA 17257 6erni ly su bmitted, Coover, Esquire y ID 93285 44 S. Hanover Street Carlisle, PA 17013 LEANN M. STEPHENS, Plaintiff V DAVID H. STEPHENS, Defendant DEC 111997 :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :NO: 5939 CIVIL 1997 :IN CUSTODY COURT ORDER AND NOW, this /12A day of December, 1997, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, David H. Stephens, and the Kother, Leann M. Stephens, shall enjoy shared legal custody of Victoria Marie Stephens, born January 25, 1993. 2. The Mother shall enjoy primary physical custody of the minor child. 3. The Father shall enjoy periods of temporary physical custody of the minor child as follows: E A. On two weekends our of four, from Thursday morning when the Father gets off work until Saturday at 3:30 p.m. B. On the other two weekends; from Thursday morning when. the Father gets off work until Friday at 6:30 p.m. C. The above weekend schedule shall alternate so that Father shall have two days on one weekend and one day the following weekend. D. The parties shall share holidays. For Christmas 1997, the Father shall pick the child up on Wednesday morning when Father gets off work until Christmas Day at 3:30 p.m. Mother shall have custody on all day Christmas. Future holidays shall be shared or alternated on a schedule to be arranged between the parties. E. Father shall be afforded additional periods of temporary custody as agreed by the parties. 4. When the child is in the care of a parent and that parent requires day care for the child for a significant period of time, the custodial parent should contact the non-custodial parent and offer the opportunity to provide day care to that parent with the understanding that the custodial parent can dictate the time of delivery and pickup under those circumstances. W?:- 7. 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 for a conference with the Custody Conciliator. 8. While Father is in custody of the minor child, Father shall ensure that he is always present and does not leave the child in the custody of a third party. Furthermore, before the Father will allow his brother, Robert Stephens, to be in the presence of the minor child, Father will obtain permission from the Mother or have this Order modified by agreement of the parties or Order of Court. BY THE COURT, /51 I?cn? cn r a • )-tea J cc: Frances H. Del Duca, Esquire David H. Stephens 7 Brookview Drive Newville, PA 17241 0 T'PAJ E COPY FROM RECORD In i . st mony ?4.-i v r:-of, f here unto set my hand and the seal of said Court at Carlisle, Pa. This ..../. S di.. day of..... ?? ........ 1917. ,.., ..............?..? ....?....a......?-... ?............. Prothonotary ?..? ?, 4? w„.J .?? ;."?.: T 5,? ?? ?'?-;i c;-? _ 1, It I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LEANN M. STEPHENS, CIVIL ACTION - LAW Plaintiff/Petitioner CUSTODY/VISITATION vs. DAVID H. STEPHENS, NO. 5939 CIVIL 1997 Defendant/Respondent, PETITION TO MODIFY CHILD CUSTODY AND NOW, comes Defendant, DAVID H. STEPHENS, by and through his attorney, Fiona K. Line, and respectfully requests this Honorable Court to award him custody of the subject minor child, , and in support thereof avers as follows: 1. Plaintiff is Leann M. Stephens, an adult individual, who currently resides at 121 West Hunter Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is David H. Stephens, an adult individual, who currently resides at 309 South Fayette Street, Shippensburg„ Franklin County, Pennsylvania 17257. 3. The subject child is Victoria Marie Stephens, born January 25, 1993. 4. The relationship of the Plaintiff/Petitioner to the subject minor child is that of natural mother. 5. The relationship of the Defendant/Respondent to the subject minor child is that of natural father. 6. The minor child has resided primarily with Petitioner from on or about December 12, 1997. 7. Respondent was granted periods of temporary physical custody of the minor child on two weekends out of four, from Thursday morning when the Father gets off work until Saturday at 3:30 p.m. and on the other two weekends, from Thursday morning when the Father gets off work until Friday at 6:30 p.m. 8. Respondent's period of temporary physical custody was not always abided by as on many occasions, Petitioner made plans with the minor child and would inform Respondent that the minor child would not be visiting him and he would not have his awarded temporary physical custody. 9. A previous Order of this Honorable Court was entered in this case on December 12, 1997, a copy of which is attached hereto and marked Exhibit «A„ 10. The minor child has expressed her desire to her Mother to live primarily with her Father over the past several years on several occasions and most recently on or about March 11, 2009 and again on March 23, 2009. 11. Respondent arrived at Mother's residence to pick up the minor child on or around March 23, 2009, at which time the Mother allowed the minor child to go with the Father. 12. The minor child has resided with Respondent since March 23, 2009 and is enrolled in Shippensburg Senior High School as of March 24, 2009, with the minor child's first day at the school on Friday, March 27, 2009. 13. The Defendant/Respondent is not aware of the existence of any other individuals who have any type of claim whatsoever regarding the custody of the subject minor child. 14. The Defendant/ Respondent believes and therefore avers that he is much better able to meet the needs of the subject minor child than the Plaintiff/Petitioner. -_, 15. The Defendant/Respondent believes and therefore avers that it is in the best interest of the subject minor child that she be placed in his legal and physical custody. WHEREFORE, Defendant requests this Honorable Court to award him custody of the subject minor child. Respectfully submitted, Dated: ,?- Z r- oQ - ? ->< FION KIMBERLY LINE Attorney ID 65283 Attorney for Plaintiff 1817 Basin Hill Blvd. Carlisle, PA 17013 (717) 991-1382 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LEANN M. STEPHENS, Plaintiff/Petitioner VS. DAVID H. STEPHENS, Defendant/Respondent, CIVIL ACTION - LAW CUSTODY/VISITATION NO. 5939 CIVIL 1997 VERIFICATION 1, THE UNDERSIGNED, David H. Stephens, acknowledge that the facts stated in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: 3,- al- O 1 David H. Stephens DEC 11 M7 LEANN M. STEPHENS, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V :CIVIL ACTION - LAW DAVID H. STEPHENS, :NO: 5939 CIVIL 1997 Defendant :IN CUSTODY AND NOW, this /,22X day of December, 1997, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: i. The Father, David H. Stephens, and the Kother, Leann M. Stephens, shall enjoy shared legal custody of Victoria Marie Stephens, born January 25, 1993. 2. The Mother shall enjoy primary physical custody of the minor child. 3. The Father shall enjoy periods of temporary physical custody of the minor child as follows: A. On two weekends our of four, from Thursday morning when the Father gets off work until Saturday at 3:30 p.m. B. On the other two weekends, from Thursday morning when the Father gets off work until Friday at 6:30 p.m. C. The above weekend schedule shall alternate so that Father shall have two days on one weekend and one day the following weekend. D. The parties shall share holidays. For Christmas 1997, the Father shall pick the child up on Wednesday morning when Father gets off work until Christmas Day at 3:30 p.m. Mother shall have custody on all day Christmas. Future holidays shall be shared or alternated on a schedule to be arranged between the parties. E. Father shall be afforded additional periods of temporary custody as agreed by the parties. 4. When the child is in the care of a parent and that parent requires day care for the child for a significant period of time, the custodial parent should contact the non-custodial parent and offer the opportunity to provide day care to that parent with the understanding that the custodial parent can dictate the time of delivery and pickup under those circumstances. 04/1-7 7. 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 for a conference with the Custody Conciliator. 8. While Father is in custody of the minor child, Father shall ensure that he is always present and does not leave the child in the custody of a third party. Furthermore, before the Father will allow his brother, Robert Stephens, to be in the presence of the minor child, Father will obtain permission from the Mother or have this Order modified by agreement of the parties or Order of Court. BY THE COURT, a . ?eaoi J. cc: Frances H. Del Duca, Esquire David H. Stephens 7 Brookview Drive Newville, PA 17241 T7!..IE COPY FROM RECORD In 7- it many %-A, - r: of, I here unto set my hand and i r3 seal of said Court at Carlisle, Pa. This ..../. s .. day of..... .:..., 1917. .« ...................... ..a...... F..e:c?iC:4'................. Prothonotary OF TF !c r ^r „ ,???FY 2004 MAR 3 1 PH 2: Q G Lt,/ G,2 10,31 -7d 303 I ti IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LEANN M. STEPHENS, CIVIL ACTION - LAW Plaintiff/Petitioner CUSTODYNISITATION vs. DAVID H. STEPHENS, NO. 5939 CIVIL 1997 Defendant/Respondent, ANSWER TO PETITION FOR SPECIAL RELIEF AND NOW, comes Respondent, David H. Stephens, by and through his attorney, Fiona K. Line, Esquire and files the following Answer to Petition for Contempt/Petition for Special Relief: 1. Admitted 2. Admitted in part and Denied in part. Denied that the temporary physical custody included alternating weekends, as the temporary physical custody included Thursday and Friday overnights every other weekend and Thursday overnights on the off weeks. 3. Admitted 4. Denied. Respondent does not have sufficient information as to verify the truths of this statement. 5. Denied. Defendant, after reasonable investigation, is without knowledge or information sufficient to form a belief as to the truth of this averment 6. Admitted in part and Denied in part. Denied that Respondent did not have Petitioner's consent as Respondent communicated with Petitioner's husband, who informed Respondent than he could pick her up. 7. Denied. Respondent states that Petitioner did consent to Respondent exercising custody over the child, as Petitioner stated to the minor child that she was going with her Father when her Father arrives to pick her up. 8. Denied. Respondent took the child to his home in Shippensburg under the understanding that Petitioner had consented to the exercise in custody. s ' 9. Denied. Respondent did not inform Petitioner that the child was not able to speak to her. Petitioner was informed that the child did not want to speak to her since Petitioner's husband would not allow the child to talk privately with Petitioner by keeping the phone on speaker phone during the first call in which the child was speaking with Petitioner. 10. Denied. Respondent informed the child that the child did not have to talk to the Petitioner's husband who would not take the phone off speaker phone and allow the child to privately speak with Petitioner. 11. Denied. Respondent enrolled the child in Shippensburg High School on March 24, 2009. 12. Admitted in part and denied in part. Respondent has enrolled the child in Shippensburg High School as of March 24, 2009 and her first day of school was Friday, March 27, 2009. 13. Denied. Defendant, after reasonable investigation, is without knowledge or information sufficient to form a belief as to the truth of this averment 14. Denied. Averments include conclusion(s) of law to which no answer is required. NEW MATTER 15. Paragraphs 1-14 are incorporated herein by reference thereto. 16. Respondent has filed for custody modification simultaneously with the filing of this answer, a copy of which is attached hereto and marked Exhibit "A". WHEREFORE, Respondent respectfully requests that this Court deny the granting of Petitioner's Petition for Special Relief pending a conciliation conference that will be scheduled as a result of filing a Complaint for Child Custody Modification that has been filed simultaneously herewith. Respectfully submitted, Dated: 3- z 9-& -• --. FION kIMBE Y LINE Attorney ID 65283 Attorney for Plaintiff 1817 Basin Hill Blvd. Carlisle, PA 17013 (717) 991-1382 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LEANN M. STEPHENS, CIVIL ACTION - LAW Plaintiff/Petitioner CUSTODY/VISITATION vs. DAVID H. STEPHENS, NO. 5939 CIVIL 1997 Defendant/Respondent, VERIFICATION I, THE UNDERSIGNED, David H. Stephens, acknowledge that the facts stated in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa. C. S.A. Section 4904 relating to unworn falsification to authorities. Dated: 3 _ ?-II ` 01 David H. Stephens R r - " ? 11 - LH ", i'' -, "'T e4Q?? 2090d MAR '3 1 flil 2: LEANN M. STEPHENS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 1997-5939 CIVIL ACTION LAW DAVID H. STEPHENS IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, April 03, 2009 , upon consideration 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, May 08, 2009 _ at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: _ /s/ Hubert X. Gilro Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3'166 ?ry??,. r f ?C ,?? 2609 APR _3 PM 12: 3a y 3 Oy `74 fu?z? h ? LEANN M. STEPHENS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DAVID H. STEPHENS DEFENDANT 1997-5939 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Wednesday, April 08, 2009 , upon consideration 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, May 08, 2009 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: _/s/ Hubert X. Gilroy, Es . _ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ? PT-l OF .,. ,"jTA9Y 2009 APR - €3 Pry 3: 4 9 4/ v t 4?1 4??. ?-X? t MAY 1 2 2000 LEANN M. STEPHENS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW DAVID H. STEPHENS, NO.1997-5939 Defendant IN CUSTODY PRIOR JUDGE: Kevin A. Hess COURT ORDER AND NOW, this l 3 " day of May, 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that this court's prior order of December 12, 1997, is vacated and replaced with the following order: 1. The mother, Leann M Stephens, and the father, David H. Stephens, shall enjoy shared legal custody of Victoria Marie Stephens, born January 25, 1993. 2. The father shall enjoy primary physical custody of the minor child. 3. The mother shall enjoy periods of temporary physical custody of the minor child as the parties agree. The parties will consider the desires of the minor child in setting up the times and arrangements for visitation with the mother. Father is directed to insure that once the daughter suggests she wants to visit with her mother the father shall take all reasonable steps to insure that visitation takes place. 4. 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 schedules with the custody conciliator for a conference. BY THE COURT, Jud7,evin A. Hess cc: Sheri D. Coover, Esquire 3 Fiona K. Line, Esquire -09 FAF3LES\Clients\12321 Custody Conciliations\2009\12321.I.Stephens v Stephens Conciliation Report-Order r -k ?r ?? t ., r ,+ 11.1, L??? 11 ?? .'s ?? i ,, ?6e t11. ?? ??: r LEANN M. STEPHENS, Plaintiff VS. DAVID H. STEPHENS, Defendant PRIOR JUDGE: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.1997-5939 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), 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: Victoria Marie Stephens, born January 25, 1993. 2. A Conciliation Conference was held on May 8, 2009, with the following individuals in attendance: The mother, Leann M. Stephens, who appeared with her counsel, Sheri D. Coover, Esquire, and the father, David H. Stephens, with his counsel, Fiona K. Line, Esquire. 3. The parties agreed to the entry of an Order in the form as attached. Date: May r , 2009 Hubert X. Gil y, Esquire Custody Co iliator