HomeMy WebLinkAbout98-00849
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Mothcr with scvcn (7) days advancc noticc liS to an altcrnatc day in
which hc can cxcrcisc this pcriod of ovcrnight visitation.
3. Thc partics shall altcmatc thc major holidays, thosc holidays bcing
dcfincd as Eastcr, Mcmorial Day, Labor Day, Thanksgiving, and Ncw Ycar's
Day. Thcsc pcriods of custody shall bc from 9:00 a.m. until 7:00 p.m. This
altcmating schcdulc shall bcgin with Mothcr having Eastcr in 1998, and thc
schcdulc shall altcrnatc thcrcaftcr.
4. During thc summcr months, Fathcr shall bc cntitlcd to four (4) wccks
oftimc with thc childrcn. Two ofthosc wccks shall coincidc with his vacation
from work, Mothcr shall also be cntitlcd to two wccks ofunintcrruptcd vacation
with thc childrcn as wcll. Thc partics shall providc cach other with noticc as to
thc wccks in which thcy intcnd to cxcrcisc thcsc pcriods of custody by April 1 st of
cach ycar. In 1998, thc partics shall providc cach othcr with notice no later than
April 15th.
During thc two wceks in which Fathcr excrciscs this pcriod of vacation in
which hc is not going to bc away on formal vacation, Mothcr shall bc thc day care
providcr unlcss thc partics othcrwisc agrcc.
5. Mothcr shall bc cntitled to havc thc childrcn cvcry July 4th.
6. Thc partics shall sharc thc Christmas holiday as thcy mutually agrce.
7. Such othcr timcs as thc partics may agrcc.
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7. Need for separtlte eOllnsel to rcprcscnt child(ren): Neithcr party requested.
8. Nced lor indepcndcnt psychological cvaluation or cOllnscling: None rcqucstcd and thc
Conciliator docs not bclicvc any is ncccssary.
9. Other mattcrs or commcnts: Thc partics shall rcconvcnc for anothcr custody
conciliation confcrcncc bcforc Michacl L. Bangs, Esquirc, on Thursday, Octobcr 8, 1998, at
JI:OOa.m.
Date: April 15, 1998
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Plninliff
: IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
: PENNSYLVANIA
v.
+,o,c\ 'K, Lo~ e.. \ \c::.
Defendnnt
: CIVIL ACTION LA W
. c
: NO. c,L\ j CIVIL 19 q8
: CUSTODY VISITATION
ORDER OF COURT
And now, this dldL\\C1q upon consideration ofthc attachcd com laint, it is hercb dircctcd
that thc above partics and thcir respc~tive counsel appcar bcforc :J";' ,~L' ~~'\ '.... ,
Esquire,thcconciliator,at 2,~ ~.j!S.'\\"\~f.. CCI1,? \~\,\ _ ~_ ,
Pcnnsylvania, on thc ;::) day of A I' r i \' , 1998, at II' (J D .M. P.M.,
for a Pre-hearing Custody Confcrcncc. At such confcrcncc, an effort will be madc to rcsolve thc
issues in dispute; or if this cannot be accomplished, to dcfinc and narrow thc issucs to be heard
by the court, and to cntcr into a temporary order. All childrcn agc five or older may be prcsent at
thc conference. Failurc to appear at the confcrencc may provide grounds for thc entry of a
temporary or permanent ordcr.
FOR THE COURT:
By: TY1~rloOrt,'13~,~,
Custody Conciliator li:\:),)
YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER 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.
THE CUMBERLAND COUNTY BAR ASSOCIA nON
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
1-800-990-9108
MARK T. LAVELLE,
Plaintiff
IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PENNSYLVANIA
NO. fir - 1tjC) tlt~1 ~tlo-V
vs.
TARA K. LAVELLE,
Defendant
CIVIL ACTION - LAW
CUSTODY
ORDER OF COURT
You, are ORDERED to
appear in person in the Office of Custody Conciliator
, at Cumberland County Court
House, One Courthouse Square, CarliSle, Pennsylvania
17013-3387, in Courtroom , on
at O'clock a.m./p.m. for a
Custody Conciliation 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, at the request
of either attorney or party, be present at the Conference.
Failure to appear at the Conference may provide grounds for
the entry of a temporary or permanent Order.
If you fail to appear as provided by this Order, an
Order for custody may be entered against you or the Court
may issue a warrant for your arrest.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUR WHERE YOU
CAN GET LEGAL HELP.
Court Administrator
Cumberland County Court House
Fourth Floor
One Courthouse Square
CarliSle, Pennsylvania 17013-3387
FOR THE COURT:
Date:
J.
MARK T. LAVELLE,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. q .I' . ~"I 9 &'".;.1 Tt.u-
vs.
TARA K. LAVELLE,
Defendant
CUSTODY
COMPLAINT FOR CUSTODY
1. plaintiff is Mark T. Lavelle, who currently resides
at 1058 Hemlock Lane, Eno1a, cumberland county, Pennsylvania
17025
2. Defendant is Tara K. Lavelle, who resided at 1058
Hemlock Lane, Eno1a, Cumberland County, pennsylvania
17025
until February 7, 1998,
3. Plaintiff and Defendant were married on september
23, 1989 and there were two (2) children born of the
marriage to wit: Gregory S. Lavelle, born october 17, 1991,
and Maren B. Lavelle, born April 6, 1994.
4. The Plaintiff seeks custody of the parties I minor
children: Gregory S. Lavelle, born 10/17/91 and Maren B.
Lavelle, born 4/06/94.
5. The children were not born out of wedlock.
6. Plaintiff believes and therefore avers as follows:
a. The children have resided with Plaintiff and
Defendant at 1058 Hemlock Lane, Enola, Cumberland County,
pennsylvania until the weekend of February 7, 1998.
;
"
b. The children currently reside with Defendant, Tara
K. Lavelle, at a residence, current address unknown to
Plaintiff at this time,
7. The mother of the children is Tara K. Lavelle, who
currently resides at (current address unknown to Plaintiff
at this time).
B. The father of the children is Mark T. Lavelle, who
currently resides at 105B Hemlock Lane, Enola, Cumberland
County, Pennsylvania 17025.
9. The relationship of the Plaintiff to the children
is that of Father.
10. The relationship of the Defendant to the children
is that of Mother.
11. The parties have not participated as parties or
witnesses, or in any other capacity, in other litigation
concerning custody of the children in this Honorable Court.
12. The Plaintiff has no information of a custody
proceeding concerning the children pending in a court of
this Commonwealth.
13. The Plaintiff does not know of a person not a party
to the proceeding who has physical custody of the children,
or who claims to have custody or visitation rights with
respect to the children.
14. The best interests and permanent welfare of the
children will be served by granting the relief requested
I verify that the statements made in this Complaint are
true and correct. I understand that false statements herein
are made subject to the penalties of 18 Pa. C.S, Section
4904, relating to unsworn falsification to authorities.
Date: 2.//0/Q8
.-$~~~
MARK T. LAVELL"
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYL VANIA
MARK T. LAVELLE,
PllIintilr
)
)
)
)
)
)
)
CUSTODYIVISIT A nON
vs.
OCT 9 199{M--
TARA K. LAVELLE,
Dcfcndant
NO. 1998-849 CIVIL TERM
ORDER OF COURT
r-
AND NOW this 6" tl-o.
day of 0,- tlJ.a.^
, 1998, having not hcard from
the partics for some timc, thc undcrsigncd Conciliator assumcs thc matter has becn rcsolved and
hcreby rclinquishcs jurisdiction of the casc. If eithcr ofthc parties wishes further procecdings in
this action, thcy should petition thc Court anew.
FOR THE COURT,
MICHAEL L. BANG
Custody Conciliator
cc: R. Eric Pierce, Esquirc
Samucl L. Andcs, Esquire
Llnd'lI> Gingrich MllclllY, E'quirc
Dlllcy. Zuckcr & Gingrich. LLC
1029 Sccncry Drivc
IIl1rridlllrg. P^ 17109
(717)657-4795
IlI1l1cIIlY@!II/~III\\',cnll1
MAI{K T. LAVELLE,
Plaintiff
IN TilE COURT OF COMMON I'LEAS OF
CUMIJERLAND COUNTY, I'ENNSYLVANIA
CIVIL ACTION - LA W
v.
Dockct No. 1998-849 (Civil Tcrm)
TARA K. KNOWLES, formcrly
TARA K. LAVELLE,
Dcfcndant
(In Custody)
PRAECIPE TO ENTER APPEARANCE
TO THE PROTHONOTARY:
Kindly cntcr my appcarance on bchalf of the Plaintiff, Mark T. Lavcllc, in thc above-captioncd
mattcr.
DALEY, ZUCKER & GINGRICH. LLC
Datc:
. d ay Ging
ttomcy 1.0. o. 87954
1029 Sccncry Drivc
Harrisburg, Pcnnsylvania 17109
(717) 657-4795
By:
Allol'lleysfo/'l'lllilllifJ
cc: SUII/uel L. Andes, Esquire - Allomeyfor Deji!lldclI/l
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MARK T, LAVELLE
PLAINTIFF
IN TilE COURT OF COMMON PLEAS OF
CUMIlEI{I.AND COUNTY, PENNSYLVANIA
.'
,I
V,
98-849
CIVIL ACTION LA W
TARA K, KNOWLES. FORMERL Y TARA 10:,
LA VELLE
IN CUSTO[J\'
DEFENDANT
OIUlER OF counT
AND NOW,
Wednesday, March 29,2006
. upon consideration of the attach cd Complaint,
it is hereby directed that parties und their respective counsel appeur before Dawn S. Sunday, Esq.
ut 39 Wesl Main Slreet, Mechanlcsburg, PA 17055 on Thursday, May 04, 2006
, thc coneilimor,
at 10:00 AM
for a Pre-Hearing Custody Conference, At such conference. un effort will be made to resolvc the issues in dispute; or
if this cannot be (lecomplished, to deline and nurrow the issues w be heurd hy tIlt: court. and to enter into a temporary
order, All children age live or older muy ulso be present atlhe conference, Fuilure to uppeur utthe conference muv
provide grounds for entry of u tcmporary or permanent order.
The court hereby directs the purtles to furulsh uny und ull existlnlll'rotectlon rrom Ahuse orders,
Special nelleI' orders, nud Cuslody orders to Ihe conclllutor 48 hours prior 10 scheduled heurlng.
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FOR THE COURT.
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By: Isl
DIIlI'n S. Sund:lV. Esq,
Custody Conciliulor
{/11
The Court of Common Pleus of Cumberland County is required by law to comply with the Americans
wilh Disabilites Act of 1990, For infonnation aboutuccessible Iilcilities und reusonabk' aecommodutions
uvailuble to disabled individuuls having business berore the court, please contact our omce, All arrungemel1ls
must be made at least 72 hours prior to any hearing or business belore the court. YOllmust attcnd the scheduled
conference or hearing,
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YOU SHOULD TAKE THIS PAPER TO YOUR A rrORNEY AT ONCE, IF YOU DO NOT
HA VE AN A rrORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFF[CE SET
FORTI'I BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP,
Cumberland Coul1ly Bar Association
32 South Bedlllrd Street
Carlisle, Pennsylvaniu 17013
Telephone (717) 249.3166
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MARK T. LAVELLE,
Plaintiff
vs.
)
)
)
)
)
)
)
)
)
)
IN THE COURT OF COMMON
PI ,EAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
TARA K. KNOWLES, formerly
TARA K. LAVELLE,
Defendant
NO. 1998.849 CIVIL TERM
IN CUSTODY
ORDER OF COURT
AND NOW, this day of .. 2006, upon
consideration of the Petition filed in this matter, it is hereby directed that the parties and their
respective counsel appear before the undersigned on the day of
2006 at o'clock _.01,
BY THE COURT,
].
DISTRIBUTION:
Lindsay Gingrich Maclay, Esquirc (Attorncyfor Plaintiff)
1029 Sccncry Drivc, Harrisburg, PA 17109
Samuel L. Andcs, Esquirc (Attorncy for Dcfcndmlt)
525 North 12/h Strcet, Lcmoync, PA 17043
C6,uc..I'C, aJlbllJ
vs.
)
)
)
)
)
)
)
)
)
)
IN THE COURT or COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
MARK T. LA VELLE,
Plaintiff
CIVIL ACTION - LAW
NO. 1998-849 CIVIL TERM
TARA K. KNOWLES, formerly
TARA K. LAVELLE,
Defendant
IN CUSTODY
DEFENDANT'S PETITION TO ALLOW RELOCATION
WITH CHILDREN AND TO MODIFY PRIOR ORDER
AND NOW comes the above-named Defendant, by her attorney, Samuel L. Andes, and
petitions the court to allow her to relocate with the children and to modify its prior order in
this matter, based upon the following:
1. The Petitioner herein is Tara K. Knowles, formerly Tara K. Lavelle, (hereinafter
"Mother") an adult individual who currently resides at 911 Cherrington Drive in Harrisburg,
Pennsylvania,
2. The Respondent herein is Mark T. Lavelle, (hereinafter "Father"), an adult individual
who resides at 733 Hyden Drive in Hummelstown, Pennsylvania.
3. Mother and Father are formerly husband and wife are the parents of two minor
children, Gregory S. Lavelle, born 17 October 1991, and Maren B, Lavelle, born 6 April 1994.
The children are the subject of an order entered in this case on 27 April 1998, a copy of which is
attached hereto and marked as Exhibit A,
4. Mother plans to relocate from the Central Pennsylvania area to Newark, Delaware.
She plans to relocate to create a family and take up residence with her finance, Rick Bowers,
who is a long-term resident of Newark, Delaware and who owns and operates a business
there. Mother's plans to relocate are also based upon her financial and personal needs because
of her partial disability resulting from injuries she suffered in an automobile accident several
years ago.
5, Mother wants the children III relocate with her to Delaware ,1I1d believes such
relllc.1tion will be in their best interl'sls, Among the reasons she believes such a move will
serve the best interest of the children ,Ire:
A. Mother has been the primary custodial parent of both children since
their birth and they have bel'n in her primary physical custody since the parties'
separiltion in 1997. As a result. the children are more bonded to and reliant upon
her and she is better able to provide for their needs.
B, A relocation by Mother to Delaware will provide her with the support
she needs to overcome the limitations caused by her disability and to allow
Mother and the children to create a better and more secure family situation for
the children,
C. Because Mother does not work outside of her home, she is more
available than Father to provide for the children's needs and to support and
nurture their personal and educational growth,
D. Father is employed full time in a position with considerable
responsibility which requires substantial portions of his time and attention. As a
result, he is not as available as Mother to meet the needs of the children or to
support them in their academic and other activities.
E. The children currently attend the school in the Susquehanna Township
School District, which is not where Father resides, Even if Father arranges to
continue the children's enrollment in that school district, and pays tuition for
them to continue that enrollment, he will not be readily available to transport the
children to and from school, to provide care and supervision for them after
school, or to otherwise provide for their needs in a full time capacity.
F. Allowing the children to relocate with Mother will assure that they will
remain together. Father's position, at least up to this lime, is that the older child,
Gregory, shall live with him while the younger child, Maren, relocates to
Delaware with Mother. Mother believes that separating the children is contrary
to their best interests.
4' ."
(" Mother hils invcstigilted the schools, residenliill ilreilS, ilclivities, ,1Ild other miltters
l'c1illing to the Newark, Delilwilre arl'a and hils determined that il move there for the
children will benefit them by exposing them to cultuml, ilthletic, educillional, ilnd other
opportunities iltleilst equillto those availilble to the children where they now reside.
7, Other thiln Mother ilnd Filther, the children hilve no close relatives who reside in
Central Pennsylvilniil.
8, Mother has proposed, ilnd is willing to negotiilte, il schedule of custody which will
continue the current pilttern of custody whereby the children ilre in the Father's temporary
custody on a regular basis. Mother is willing to provide a portion of the tmnsportation and
make other adjustments as may be necessilry to continue the Father's relationship with the
children without significant disruption or interruption.
WHEREFORE, Defendant Tara K. Knowles asks this court to modify its prior order in
this matter, to allow her to relocate the children to continue in her primary custody in Newark,
Delaware, and to adjust the custody schedule in light of such relocation.
S~^A~~Q~
Attorney for Defendant
Supreme Court ID # 17225
525 North 12'h Street
Lemoyne, Pa 17043
(717) 761-5361
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
/
I r
I
MARK T. LAVELLE
Plaintiff
vs.
98-849
CIVIL ACTION LAW
TARA K. KNOWLES, FORMERLY
TARA K. LAVELLE
Dcfcndant
IN CUSTODY
ORDER OF COURT
AND NOW, this _/i'~ day of (il ~ ' 2006,
considcration ofthc attachcd Custody Conciliation Rcport, It is ordcrcd and dircctcd as follows:
upon
I. Thc prior Ordcr of this Court datcd April 27, 1998, is vacatcd and rcplaccd with this Ordcr.
2. Thc Fathcr, Mark T, Lavcllc, and thc Mothcr, Tara K. Knowlcs, shall havc sharcd Icgal
custody of Grcgory S. Lavcllc, born Octobcr 17, 1991, and Marcn B. Lavcllc, born April 6, 1994.
Each parent shall havc an cqual right, to bc cxcrciscd jointly with thc othcr parcnt, to makc all major
non-cmcrgcncy dccisions affccting thc Childrcn's gcncral wcll-bcing including, but not Iimitcd to, all
dccisions rcgarding their hcalth, cducation and rcligion. Pursuant to thc tcrms ofthis paragraph cach
parcnt shall bc cntitlcd to all rccords and information pcrtaining to thc Childrcn including, but not
Iimitcd to, school and mcdical rccords and information, Thc Mothcr shall kccp thc Fathcr adviscd of
all significant dcvclopmcnts conccming thc Childrcn including social, cmotional and cducational
dcvclopmcnts.
3. Thc Mothcr shall havc primary physical custody ofthc Childrcn. Thc Mothcr shall bc
pcrmittcd to rclocatc with thc Childrcn to Dclawarc. Thc partics agrcc that thcrc shall bc no furthcr
significant rclocation by cithcr parcnt without thc agrccmcnt of thc othcr parcnt or Court approval.
4. During thc school ycar, thc Fathcr shall havc partial physical custody of the Childrcn on
altcmating wcckcnds from Friday at 6:00 p.m. through Sunday at 7:30 p.m. Thc altcrnating wcckcnd
schcdulc for thc 2006-2007 school ycar, shall bcgin with thc Fathcr having custody ofthc Childrcn on
Friday, August 18, 2006.
5. During thc summcr school brcak, bcginning in 2007, cach party shall havc custody ofthc
Childrcn for onc halfofthc total numbcr ofwccks to bc calculated bcginning on thc first Friday aftcr
thc school ycar tcrminatcs and cnding on thc last Friday bcforc thc ncw school ycar rcsumcs. Thc
Mothcr shall havc custody ofthc Childrcn for thc wcck bcforc thc school ycar rcsumcs cach ycar. Thc
Fathcr shall dcsignatc and notify thc Mothcr of his sclcction of his summcr school brcak wccks of
custody by April 30 of cach ycar.
,
6, During thc summcr school brcllk in 2006, thc Pllrtics lIgrcc to slHlrc hllving custody ofthc
Childrcnlls arrangcd by lIgrccmcnt.
7. Thc partics shall shllrc hllving custody ofthc Childrcn on holidays liS follows:
A. ThllnksgivilH!!Christmlls: The partics shall altcnJatc having custody ofthc Childrcn
during thc cntirc holiday brcak from school, with thc Fathcr having custody ofthc
Childrcn ovcr thc Thllnksgiving brcllk in cvcn numbcrcd ycars and ovcr thc
Christmas brcak in odd numbcrcd ycars and the Mothcr having custody ovcr the
Thanksgiving brcak in odd numbcrcd ycars and ovcr the Christmas brcak in cvcn
numbcrcd ycars,
B. Spring Brcllk: Thc Fathcr shall havc custody ofthc Childrcn cvcry YCllr ovcr the
cntirc spring brcak from school, with thc cxccption that thc Mothcr may have
custody ofthc Childrcn for spring brcak in odd numbcrcd ycars if the Mothcr has
plans to travcl out of town with thc Childrcn ovcr the break.
C. Holidav wcckcnds: Thc Fathcr shall havc custody of the Childrcn for thc three day
wcckcnds ovcr Labor Day, October In-scrvice Day (Columbus Day), Presidcnt's
Day and Mcmorial Day cvcry ycar. In the cvcnt the forcgoing holiday wcckcnd
pcriods of custody fall on thc Mothcr's rcgular altcrnating wcckcnd period of
custody, thc partics shall adjust thc altcmating wcekcnd schedulc so that the Mothcr
hlls thc immcdiatcly following wcckcnd and thc altcmllting schcdule resumcs
thcrcaftcr, which will rcsult in cach party having two consccutivc wcckcnds bcfore
rcsuming thc rcgular schcdulc.
0, Vctcran's Dav/Martin Luthcr King. Jr. 's Birthday: Thc Fathcr shall have custody of
thc Childrcn for thc Vctcran's Day holiday wcckcnd and Martin Luthcr King, Jr. 's
Birthday holiday wcckcnd in odd numbcrcd ycars and thc Mothcr shall havc
custody on thc forcgoing holiday wcckcnds in evcn numbcrcd ycars. Thc partics
shall adjust thc altemllting weckcnd schcdule, ifnccessary, as provided in thc
prcccding paragraph rcgllrding holiday wcckcnds.
8. Unlcss othcrwisc agrccd bctwcen thc partics, for all exchangcs of custody, the Mother shall
transport the Childrcn to thc Fathcr's rcsidcncc and thc partics shall cxchange custody at thc Park City
Mall in Lancastcr for rctum ofthc Childrcn to thc Mothcr's custody.
9. Either party may file a rcqucst for a routine rcvicw and asscssmcnt or modification ofthc
custody arrangcmcnts aftcr following the schcdulc sct forth in this Ordcr for onc ycar.
10. Thc non-custodial parcnt shall bc cntitlcd to havc Iibcral and rcasonablc tclcphone contact
with thc Childrcn.
II. Thc partics agrcc that jurisdiction ovcr this custody mallcr shall remain in Cumberland
County.
12. This Ordcr is cntcrcd pursuant to un agrccmcnt ofthc partics at a custody concililltion
confcrcncc. Thc partics may modify thc provisions of this Order by mutual conscnt. In thc abscncc of
mutual conscnt, thc tcnns of this Ordcr shull control.
Edward E. Guido J.
cc: ~dsay Gingrich Maclay, Esquirc - Counscl for Fathcr
~mucl L. Andcs, Esquirc - Counscl for Mothcr
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Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
989-849
CIVIL ACTION LAW
TARA K. KNOWLES, FORMERLY
TARA K. LAVELLE
Dcfcndant
IN CUSTODY
Prior Judgc: Edward E. Guido
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, thc undcrsigncd Custody Conciliator submits the following rcport:
I. Thc pcrtincnt information conceming the Childrcn who arc thc subjccts of this litigation is as
follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
Grcgory S. Lavcllc
Maren B. Lavellc
Octobcr 17,1991
April 6, 1994
Mothcr
Mothcr
2, A custody conciliation confcrcncc was hcld on May 4, 2006, with thc following individuals
in attcndancc: The Fathcr, Mark T. Lavcllc, with his counscl, Lindsay Gingrich Maclay, Esquire, and
thc Mothcr, Tara K. Knowlcs, with hcr counscl, Samucl L. Andcs, Esquirc.
3, Thc partics agrccd to entry of an Order in thc foml as attachcd.
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Date
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Dawn S. Sunday, Esquirc
Custody Conciliator
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MARK T. LAVELLE,
Plaintiff
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IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 1998-849 crVIL TERM
TARA K. KNOWLES, formerly
TARA K. LAVELLE,
Defendant
IN CUSTODY
DEFENDANT'S PETITION TO ALLOW RELOCATION
WITH CHILDREN AND TO MODIFY PRIOR ORDER
AND NOW comes the above-named Defendant, by her attorney, Samuel L. Andes, and
petitions the court to allow her to relocate with the children and to modify its prior order in
this rnatter, based upon the following:
1. The Petitioner herein is Tara K. Knowles, formerly Tara K. Lavelle, (hereinafter
"Mother") an adult individual who currently resides at 911 Cherrington Drive in Harrisburg,
Pennsylvania,
2. The Respondent herein is Mark T. Lavelle, (hereinafter "Father"), an adult individual
who resides at 733 Hyden Drive in Humrnelstown, Pennsylvania.
3. Mother and Father are formerly husband and wife are the parents of two minor
children, Gregory S. Lavelle, born 17 October 1991, and Maren B. Lavelle, born 6 April 1994.
The children are the subject of an order entered in this case on 27 April 1998, a copy of which is
attached hereto and marked as Exhibit A.
4. Mother plans to relocate from the Central Pennsylvania area to Newark, Delaware,
She plans to relocate to create a family and take up residence with her finance, Rick Bowers,
who is a long-term resident of Newark, Delaware and who owns and operates a business
there. Mother's plans to relocate are also based upon her financial and personal needs because
of her partial disability resulting from injuries she suffered in an automobile accident several
years ago.
. II
5. Mother wants the children to relocate with her to Delaware and believes such
relocation will be in their best interests, Among the reasons she believes such a rnove will
serve the best interest of the children are:
A. Mother has been the primary custodial parent of both children since
their birth and they have been in her primary physical custody since the parties'
separation in 1997. As a result, the children are more bonded to and reliant upon
her and she is better able to provide for their needs.
B, A relocation by Mother to Delaware will provide her with the support
she needs to overcome the limitations caused by her disability and to allow
Mother and the children to create a better and more secure family situation for
the children.
C. Because Mother does not work outside of her home, she is more
available than Father to provide for the children's needs and to support and
nurture their personal and educational growth,
D, Father is employed full time in a position with considerable
responsibility which requires substantial portions of his time and attention. As a
result, he is not as available as Mother to meet the needs of the children or to
support them in their academic and other activities,
E. The children currently attend the school in the Susquehanna Township
School District, which is not where Father resides, Even if Father arranges to
continue the children's enrollment in that school district, and pays tuition for
them to continue that enrollment he will not be readily available to transport the
children to and from schoot to provide care and supervision for them after
schoot or to otherwise provide for their needs in a full time capacity.
F. Allowing the children to relocate with Mother will assure that they will
remain together, Father's position, at least up to this time, is that the older child,
Gregory, shall live with him while the younger child, Maren, relocates to
Delaware with Mother. Mother believes that separating the children is contrary
to their best interests.
.. II
6, Mother has investigated the schools, residential areas, activities, and other matters
relating to the Newark, Delaware area and has determined that a move there for the
children will benefit them by exposing them to culturat athletic, educationat and other
opportunities at least equal to those available to the children where they now reside,
7. Other than Mother and Father, the children have no close relatives who reside in
Central Pennsylvania.
8, Mother has proposed, and is willing to negotiate, a schedule of custody which will
continue the current pattern of custody whereby the children are in the Father's temporary
custody on a regular basis. Mother is willing to provide a portion of the transportation and
make other adjustments as may be necessary to continue the Father's relationship with the
children without significant disruption or interruption.
WHEREFORE, Defendant Tara K. Knowles asks this court to modify its prior order in
this matter, to allow her to relocate the children to continue in her primary custody in Newark,
Delaware, and to adjust the custody schedule in light of such relocation.
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Sa~u L. Andes
Attorney for Defendant
Supreme Court ID # 17225
525 North 12th Street
Lemoyne, Pa 17043
(717) 761-5361
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I understand that any false statements in this document are subject to the penalties
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I verify that the statements made in this document are true and correct. I
of 18 Pa. C.S. 4904 (unsworn falsification to authorities).
DATE: :3 /nfo(,
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Lindsay Gingrich Maclay, Esquire
Daley, Zucker & Gingrich, LLC
1029 Scenery Drive
Harrisburg, P A 17109
(717) 657-4795
Imaclav@dzglaw.com
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MARK T. LAVELLE,
Plaintiff
CIVIL ACTION - LAW
v.
Docket No. 1998-849 (Civil Term)
TARA K. KNOWLES, formerly
TARA K. LAVELLE,
Defendant
(In Custody)
PRAECIPE TO ENTER APPEARANCE
TO THE PROTHONOTARY:
Kindly enter my appearance on behalf of the Plaintiff, Mark T. Lavelle, in the above-captioned
matter.
DALEY, ZUCKER & GINGRICH, LLC
Date:
By:
Attorneys for Plaintiff
cO.' Samuel L. Andes, Esquire - Attorney for Defendant
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Lindsay Gingrich Maclay, Esquire
Daley, Zucker & Gingrich, LLC
1029 Scenery Drive
Harrisburg, P A 171 09
(717) 657-4795
Imaclavia1dzglaw,com
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MARK T. LAVELLE,
Plaintiff
CIVIL ACTION - LAW
v.
Docket No. 1998-849 (Civil Term)
TARA K. KNOWLES, formerly
TARA K. LAVELLE,
Defendant
(In Custody)
ACCEPTANCE OF SERVICE
I, Lindsay Gingrich Maclay, Esquire, counsel for the Plaintiff in the above-captioned matter, hereby
accept service of Defendant's Petition to Allow Relocation with Children and to Modify Prior Order as filed
by counsel for Defendant on March 22, 2006, and I certify that I am authorized to do so.
DALEY, ZUCKER & GINGRICH, LLC
Date:
By:
in ay Gin
Attorney LD. 0, 87954
1029 Scenery Drive
Harrisburg, Pennsylvania 17109
(717) 657-4795
Attorneys for Plaintiff
cc: Samuel L. Andes, Esquire - Attorney for Defendant
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MARK T, LAVELLE
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
98-849
CIVIL ACTION LA W
TARA K. KNOWLES, FORMERLY TARA K,
LA VELLE
IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW,
Wednesday, March 29, 2006
._' upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq.
at 39 West Main Street, Mechanicshurg, P A 17055 on Thursday, May 04, 2006
, the conciliator.
at 10:00 AM
for a Pre-Hearing Custody Conference, At such conference, all effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to bc heard by the court, and to enter into a temporary
order. All children age five or older mav also be present at the conference, Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT.
By: Isl
Dawn S. Sunday, Esq.
Custody Conciliator
11
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The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of] 990. For infonnation 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
HA VE AN ATTORNEY OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumbcrland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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MARK T. LAVELLE
Plaintiff
MAY I 5 2006
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
.-
vs.
98-849
CIVIL ACTION LAW
TARA K. KNOWLES, FORMERLY
TARA K. LAVELLE
Defendant
IN CUSTODY
ORDER OF COURT
AND NOW, this _I<j~ day of fit ~ ' 2006,
consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
upon
L The prior Order of this Court dated Apri127, 1998, is vacated and replaced with this Order.
2. The Father, Mark T. Lavelle, and the Mother, Tara K. Knowles, shall have shared legal
custody of Gregory S. Lavelle, born October 17,1991, and Maren B. Lavelle, born April 6, 1994.
Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major
non-emergency decisions affecting the Children's general well-being including, but not limited to, all
decisions regarding their health, education and religion. Pursuant to the terms ofthis paragraph each
parent shall be entitled to all records and information pertaining to the Children including, but not
limited to, school and medical records and information. The Mother shall keep the Father advised of
all significant developments concerning the Children including social, emotional and educational
developments.
3. The Mother shall have primary physical custody of the Children. The Mother shall be
permitted to relocate with the Children to Delaware. The parties agree that there shall be no further
significant relocation by either parent without the agreement of the other parent or Court approval.
4. During the school year, the Father shall have partial physical custody of the Children on
alternating weekends from Friday at 6:00 p.m. through Sunday at 7:30 p.m. The alternating weekend
schedule for the 2006-2007 school year, shall begin with the Father having custody of the Children on
Friday, August 18,2006.
5, During the summer school break, beginning in 2007, each party shall have custody of the
Children for one half of the total number of weeks to be calculated beginning on the first Friday after
the school year terminates and ending on the last Friday before the new school year resumes. The
Mother shall have custody of the Children for the week before the school year resumes each year, The
Father shall designate and notify the Mother of his selection of his summer school break weeks of
custody by April 30 of each year.
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6. During the summer school break in 2006, the parties agree to share having custody of the
Children as arranged by agreement.
7. The parties shall share having custody ofthe Children on holidays as follows:
A. Thanksgiving/Christmas: The parties shall alternate having custody ofthe Children
during the entire holiday break from school, with the Father having custody ofthe
Children over the Thanksgiving break in even numbered years and over the
Christmas break in odd numbered years and the Mother having custody over the
Thanksgiving break in odd numbered years and over the Christmas break in even
numbered years.
B. Spring Break: The Father shall have custody of the Children every year over the
entire spring break from school, with the exception that the Mother may have
custody ofthe Children for spring break in odd numbered years if the Mother has
plans to travel out of town with the Children over the break.
C. Holidav weekends: The Father shall have custody of the Children for the three day
weekends over Labor Day, October In-service Day (Columbus Day), President's
Day and Memorial Day every year. In the event the foregoing holiday weekend
periods of custody fall on the Mother's regular alternating weekend period of
custody, the parties shall adjust the alternating weekend schedule so that the Mother
has the immediately following weekend and the alternating schedule resumes
thereafter, which will result in each party having two consecutive weekends before
resuming the regular schedule.
D. Veteran's Dav/Martin Luther King, Jr.'s Birthdav: The Father shall have custody of
the Children for the Veteran's Day holiday weekend and Martin Luther King, Jr.'s
Birthday holiday weekend in odd numbered years and the Mother shall have
custody on the foregoing holiday weekends in even numbered years. The parties
shall adjust the alternating weekend schedule, if necessary, as provided in the
preceding paragraph regarding holiday weekends.
8. Unless otherwise agreed between the parties, for all exchanges of custody, the Mother shall
transport the Children to the Father's residence and the parties shall exchange custody at the Park City
Mall in Lancaster for return ofthe Children to the Mother's custody.
9. Either party may file a request for a routine review and assessment or modification of the
custody arrangements after following the schedule set forth in this Order for one year.
10. The non-custodial parent shall be entitled to have liberal and reasonable telephone contact
with the Children.
11, The parties agree that jurisdiction over this custody matter shall remain in Cumberland
County.
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12. This Order is entered pursuant to an agreement of the parties at a custody conciliation
conference. The parties may modify the provisions of this Order by mutual consent. In the absence of
mutual consent, the terms of this Order shall control.
Edward E. Guido J.
cc: .xrndsay Gingrich Maclay, Esquire - Counsel for Father
~lUel L. Andes, Esquire - Counsel for Mother
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MARK T. LAVELLE
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs,
989-849
CIVIL ACTION LAW
TARA K. KNOWLES, FORMERLY
TARAK. LAVELLE
Defendant
IN CUSTODY
Prior Judge: Edward E. Guido
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Children who are the subjects of this litigation is as
follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
Gregory S, Lavelle
Maren B, Lavelle
October 17, 1991
April 6, 1994
Mother
Mother
2. A custody conciliation conference was held on May 4, 2006, with the following individuals
in attendance: The Father, Mark T. Lavelle, with his counsel, Lindsay Gingrich Maclay, Esquire, and
the Mother, Tara K. Knowles, with her counsel, Samuel L. Andes, Esquire.
3, The parties agreed to entry of an Order in the form as attached.
1J1., 10 ;1.00 U
Date '
/1. '1-/<l,-~
Dawn S. Sunday, EsqUIre
Custody Conciliator