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HomeMy WebLinkAbout03-1493LEANNE C. LAYNE, Plaintiff VS. LARKIN LAYNE, Defendant · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA · CIVIL ACTION - LAW · DIVORCE/CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action· You are warned that if you fail to do so, the case may proceed without you, and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANy OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 LEANNE C. LAYNE, Plaintiff VS. LARKIN LAYNE, Defendant · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA · CIVIL ACTION - LAW · DIVORCE/CUSTODY COMPLAINT IN DIVORCE UNDER SECTIONS 3301 c or 3301 d OF THE DIVORCE CODE The Plaintiff, Leanne C. Layne, by and through her attorney, Jeann6 B. Costopoulos, Esquire, avers the following: 1. The Plaintiff, Leanne C. Layne, is an adult individual who currently resides at 1398 Letchworth Road, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. The Defendant, Larkin Layne, is an adult individual who currently resides at 632 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania 17043· 3. The Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on June 7, 1993 in Cleveland, Bradley County, Tennessee. ,Count I - Divorce 5. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken· 8. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. The Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. 10. There are four (4) dependant children from this marriage, namely Audrey Layne, born July 23, 1994, Larkin M. Layne, born December 18, 1997, Nathaniel Layne, born November 20, 1999, and Gabrielle Layne, born October 27, 2001. 11. This action is not collusive. Count II - Custody 12. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 13. The Plaintiff seeks primary of the following children: Nanles Audrey Layne Larkin M. Layne Nathaniel Layne Gabrielle Layne present Residence 1398 Letchworth Road Camp Hill, PA 17011 1398 Letchworth Road Camp Hill, PA 17011 1398 Letchworth Road Camp Hill, PA 17011 1398 Letchworth Road Camp Hill, PA 17011 .Ages 8½ years DOB 7/23/1994 5 years DOB 12/18/1997 3 years DOB 11/20/1999 17 months DOB 10/27/2001 The children are presently in the custody of their mother, Plaintiff Leanne C. Layne, currently residing at 1398 Letchworth Road, Camp Hill, Cumberland County, Pennsylvania 17011. For the past five years, the children have resided with the following persons and at the following addresses: Name Plaimiff Plaintiff Pat & Jerre Miller (Plaintiff's parents) Address 1398 Letchworth Road Camp Hill, PA 17011 1011 Braggtown Road Dillsburg, PA 17019 Dates 12/01 to present 11/01-12/01 Plaintiff & Defendant Plaintiff & Defendant 81 E. Main Street Newville, PA 17023 1/01-11/01 Baltimore Street Franklintown, PA 6/98-1/01 The natural mother of the children is Leanne C. Layne, Plaintiff, curremly residing at 1398 Letchworth Road, Camp Hill, Cumberland County, Pennsylvania, 17011. The natural father of the children is Larkin Layne, Defendant, currently residing at 632 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania, 17043. 14. The relationship of the Plaintiff to the children is that of natural mother. The Plaintiff currently resides with the following persons: the subject children. 15. The relationship of the Defendant to the child is that of natural father. To Plaintiffs knowledge, Defendant resides alone. 16. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 17. Plaintiff does not know of a person not a party to the proceedings who has physical custody of any of the children or claims to have physical custody or visitation fights with respect to the children. 18. The best interests and permanent welfare of the children will be served by granting the relief requested because: (a) (b) (c) (d) (e) Plaintiff is the natural mother of the children. Plaintiffhas established a relationship with the children. Plaintiff desires to continue exercising parental duties and enjoys the love and affection of the children. The children should be permitted to enjoy the love, affection, and emotional support which can be provided by their natural mother. The Plaintiff has been the primary caretaker of the children since birth. 19. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. No other persons are known to have or claim a right to custody or visitation of the children to be given notice of the pendency of this action and the right to intervene. WHEREFORE, the Plaintiff respectfully requests this Honorable court to grant her primary physical custody of her children, subject to periods of partial custody with Defendant. Dated: RESPECTFULLY SUBMITTED: Jeann6 B. Costopoulos, Esquire COSTOPOULOS & WELCH 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 PA Supreme Court ID No. 68735 Telephone: (717) 790-9546 Fax: (717) 790-6019 ATTORNEY FOR PLAINTIFF LEANNE C. LAYNE, Plaintiff VS. LARKIN LAYNE, Defendant · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA · No. · CIVIL ACTION - LAW · DIVORCE/CUSTODY _VERIFICATION I, Leanne C. Layne, hereby verify that the statements made in the foregoing Divorce 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. Date: 3 I~x,, Io~ Signature: LEANNE C. LAYNE PLAINTIFF Vo LARKIN LAYNE DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-1493 CIVIL ACTION LAW i IN CUSTODY ORDER OF COURT AND NOW, Tuesday, April 08, 2003 , upon consideration of thei attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunda[, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, May 08, 20*3 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 ito enter into a temporary order. All children age five or older may also be present at the conference. Failure to appeal: 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 fri}m Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours l~rior to scheduled hearing. FOR THE COURT~ ~ By: /s/ Dawn S. Sunday, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to co~ply 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. ~F 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 170 l 3 Telephone (717) 249-3166 LEANNE C. LAYNE, Plaintiff VS. LARKIN LAYNE Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-1493 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this ,~ 0 f/ day of '~9.~d~rr , 2003, upon consideration of the attached Custody Conciliation Report, it is or red and directed as follows: 1. The parties shall participate in a course of coparenting counseling with a professional selected by agreement of the parties who is a designated provider under the Father's insurance plan. The purpose of the counseling shall be to assist the parties in establishing sufficient communication and cooperation to enable them to effectively coparent their Children. The parties shall attend a minimum of four joint sessions and shall thereafter follow the recommendations of the counselor with regard to the frequency and duration of counseling. The parties shall follow any recommendations of the counselor with regard to the necessity of individual counseling, if covered by the Father's insurance. 2. The Mother, Leanne C. Layne, and the Father, Larkin Layne, shall have shared legal custody of Audrey Layne, bom July 23, 1994, Larkin M. Layne, bom December 18, 1997, Nathaniel C. Layne, bom November 20, 1999, and Gabrielle Layne, bom October 27, 2001. 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 of this 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. 3. Pending completion of the coparenting counseling and further agreement of the parties or Order of Court, the Mother shall have primary physical custody of the Children. 4. The Father shall have partial physical custody of the Children as follows: A. The Father shall have custody of Audrey and Larkin on alternating weekends from Friday between 4:30 pm and 5:00pm through Sunday at 6:30 pm beginning Friday, May 9, 2003. Bo During every other alternating weekend period of custody, the Father shall also have custody of Nathaniel and Gabrielle on Sunday from 12:30 pm through 4:30 pm. C. Every Tuesday, the Father shall have custody of Gabrielle from 4:30 pm through 6:30 pm. D. Every Wednesday, the Father shall have custody of Audrey and Larkin from 4:30 pm through 6:30 pm. E. Every Thursday, the Father shall have custody of Nathaniel from 4:30 pm through 6:30 pm. 5. The parties shall alternate having custody of the Children on holidays as follows: A. CHRISTMAS: The Christmas holiday period of custody shall run from Christmas Eve at 12:00 noon through Christmas Day at 6:30 pm. In odd numbered years, the Father shall have custody of the Children over the Christmas holiday and in even numbered years, the Mother shall have custody. If either party intends to travel outside Pennsylvania for the Christmas holiday during his or her alternating Christmas holiday period of custody, the custodial period shall begin as soon as possible after school ends before the holiday and shall continue for seven consecutive days. A party intending to exercise his or her right to an extended period of custody under this provision shall provide at least two weeks advance notice to the other party. B. ALTERNATING HOLIDAYS: In odd numbered years, the Father shall have custody of the Children on New Years Day, Memorial Day, Labor Day, and Christmas and the Mother shall have custody on Easter, July 4th and Thanksgiving. In even numbered years, the Mother shall have custody of the Children on New Years Day, Memorial Day Labor Day, and Christmas and the Father shall have custody on Easter, July 4th and Thanksgiving. The period of custody for the alternating holidays (except Christmas) shall mn for the entire day, with the specific times to be arranged by agreement of the parties. Without altering the ongoing alternating holiday schedule, the parties agree that the Father shall have custody of the Children on July 4th in 2003. C. MOTHER'S DAY / FATHER'S DAY: The Mother shall have custody of the Children every year on Mother's Day and the Father shall have custody of the Children every year on Father's Day, with the specific times to be arranged by agreement of the parties. In 2003, the parties agree that the Father's weekend period of partial custody over Mother's Day shall not be interrupted for the holiday. D. The holiday custody schedule shall supercede and take precedence over the regular and vacation custody schedules. E. The parties acknowledge that the Father may not be able to have custody of all four children on holidays until he has obtained a motor vehicle with sufficient seating. 6. Each party shall be entitled to have custody of the Children for two non-consecutive weeks each year upon providing at least thirty days advance notice to the other party. The party providing notice first shall be entitled to preference on his or her vacation days. 7. Unless otherwise agreed, the party receiving custody shall be responsible to provide transportation for the exchange with the exception of the Father's periods of Sunday afternoon custody with all four Children, for which the Mother shall provide all transportation. 8. During exchanges of custody of the two older Children, the party receiving custody shall remain in his or her vehicle and the other party shall remain in his or her residence. During exchanges of custody of the two younger children, the parties' communication, shall be limited to information concerning the exchange of custody. The parties shall ensure that exchanges of custody are conducted in a civil and cooperative manner for the protection of the Children's well being. 9. Within three months after completion of coparenting counseling, counsel for either party may contact the conciliator to schedule an additional conciliation conference to review the custody arrangements, if necessary. 10. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 11. 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. BY THE COURT, J0 cc: Jeanne B. Costopoulos, Esquire - Counsel for Mother Jason p. Kutulakis, Esquire - Counsel for Father LEANNE C. LAYNE, Plaimiff VS. LARKIN LAYNE Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-1493 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCI!~IATION 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 Audrey Layne Larkin M. Layne Nathaniel C. Layne Gabrielle Layne DATE OF BIRTH July 23, 1994 December 18, 1997 November 20, 1999 October 27, 2001 CURRENTLY IN CUSTODY OF Mother Mother Mother Mother 2. A Conciliation Conference was held on May 8, 2003, with the following individuals in attendance: The Mother, Leanne C. Layne, with her counsel, Jeanne B. Costopoulos, Esquire and the Father, Larkin Layne, with his counsel, Jason P. Kutulakis, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date% 1'~I a'q'O0 3 Dawn S. Sunday Custody Conciliator LEANNE C. LAYNE, Plaintiff VS. LARKIN LAYNE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND, COUNTY, PENNSYLVANIA : : No. 03-1493 : : CIVIL ACTION - LAW : CUSTODY PETITION TO MODIFY CUSTODY AND NOW, the Plaintiff/Petitioner, Leanne C. Layne, by and through her attomey, Jeann6 B. Costopoulos, Esquire, makes the following Petition to Modify Custody: 1. The Petitioner, Plaintiff above, Leanne C. Layne, is an adult individual who currently resides at 1398 Letchworth Road, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. The Respondent, Defendant above, Larkin Layne, is an adult individual who currently resides at 632 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania 17043. 3. The Petitioner seeks modification of an Order of Court dated May 20, 2003 regarding the following children: Salnes Audrey Layne Larkin M. Layne Nathaniel Layne Gabrielle Layne Present Residence Ages 1398 Letchworth Road Camp Hill, PA 17011 1398 Letchworth Road Camp Hill, PA 17011 1398 Letchworth Road Camp Hill, PA 17011 1398 Letchworth Road Camp Hill, PA 17011 8½ years DOB 7/23/1994 5 years DOB 12/18/1997 3 years DOB 11/20/1999 17 months DOB 10/27/2001 o The relationship of the Petitioner to the child is that c.f natural mother. The relationship of the Respondent to the child is that of natural father. Petitioner previously filed a complaint at the above docket number and an agreed upon order was submitted following a custody conciliation conference held before Dawn S. Sunday on May 8, 2003. The Order of Court was entered on May 20, 2003 and is attached as Exhibit A. Since the custody conciliation conference held before Dawn S. Sunday on May 8, 2003, the following has occurred: (a) Respondent keeps making false allegations of possible sexual abuse against Audrey and wants Petitioner to schedule a doctor's appointment to be checked for such abuse. Respondent has no basis for such allegations and Petitioner refuses to put Audrey through ~te ordeal of such an examination just to appease Respondent's paranoia. (b) Despite being told by Petitioner to request information from her attorney, not from her directly, Respondent continues to harass Petitioner regarding information about Nathaniel's SSI. (c) Respondent tells the children "Nanny and Grampa (Petitioner's parents) steal". (d) On May 18, 2003, after Audrey and Nathaniel were fighting with each other in the back of the van, Petitioner's mother told Audrey to keep her hands to (e) herself. Audrey replied by saying that she did not hit her brother, but merely gave him the finger. Petitioner believes that Audrey believed it was no big deal to the give someone else the finger because she sees Respondent routinely doing it to Petitioner. On May 20, 2003, Petitioner went to Respondent's apartment to pick up the children at 6:30 p.m. She then permitted Larkin to visit with Respondent and Audrey also remained, until 8:00 p.m. provided Respondent would bring them home, which he agreed. While she was loading their bikes into the van, Respondent called Petitioner a whore, a bitch, fat and lazy and used the word "fuck" several times. When she arrived home, Respondent called her an apologized, then announced that he was keeping the kids over night. She told him she did not consent and that he had to follow the agreed upon order or else he could get in trouble. He indicated that he didn't have any order yet and that it was temporary in any event. He hung up, then called back saying that he had plans for the night so he would bring the children back by 8:00 p.m. as previously discussed. He further added that she was committing a felony by taping his telephone calls. While Respondent was taking the children home, he encountered Petitioner's friend, Franklin Charles Evans (aka "Chip") at an intersection. Respondent gave Chip the finger in front of the children then tailgated him the rest of the way to Petitioner's house. (0 (g) After Chip entered the house per Petitioner's request, Respondent gave Petitioner the finger as the children entered the house. In light of problems the previous evening, on May 21, 2003 Petitioner picked up a certified copy of the Order from undersigned counsel's office. Respondent called Petitioner at 6:00 p.m. to ask if he could keep the children an additional 15 minutes (until 6:45 p.m.) because he was just starting their dinner. At first Petitioner said no, but then called Respondent back and said that sine he was making them dinner they could stay until 6:45 p.m. at which time she would be over to pick them up. When Petitioner arrived to pick up the children, she honked her horn and the children came out, then went back in to get their things and say goodbye to Respondent. When they came back out, Respondent accompanied them. As he., walked towards the van with the children in front of him, Respondent gave; the finger to Petitioner and her friend Chip and said "Fuck you, fuck you both!" in front of Audrey. Petitioner informed the Respondent that the: court order provided that he was not supposed to come out of the house during custody exchanges. Respondent then leaned towards the car window and spit on Petitioner. Respondent then shut the van door and Petitioner left with the children. On May 22, 2003, Respondent did not call or show up to pick up Gabrielle as scheduled in the order. He later hinted that Petitioner had done something which resulted in his not coming to pick up Gabrielle, but he refused to specify what he meant, simply saying "you know what you did". 7. As a result of the above, the best interests of the children and permanent welfare of the children will be served by modifying the May 20, 2003 Order of Court as follows: (a) Petitioner does not feel co-parenting counseling with Respondent is possible at this time. Instead, Respondent should be ordered to immediately enroll in an anger management class. (b) Petitioner no longer wants to transport the children either to or from Respondent's residence as Respondent refuses to stay inside the house and Petitioner is afraid that future confrontations may escalate. (c) Respondent should be required to obtain his own car seats, strollers, etc. Petitioner will no longer provide these items to the children during their custodial periods with Respondent because., he does not take proper of said items and often threatens not to return said items. On one occasion, Respondent broke an umbrella stroller and Petitioner had to purchase another one. 8. Petitioner does not know of a person not a party to the proceedings who has physical custody of the children or claims to have physical custody or visitation rights with respect to the children. WHEREFORE, Petitioner respectfully requests the May 20, 2003 Order to be modified as stated above. DATED: BY: Respectfully submitted, Je~B. Costopoulos, Esquire ATTORNEY FOR PLAINTIFF 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Phone: (717) 790-9546 Supreme Ct. ID No. 6873:5 LEANNE C. LAYNE, Plaintiff VS. LARKIN LAYNE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 03-1493 : : CIVIL ACTION' - LAW : CUSTODY VERIFICATION I, Leanne C. Layne, Plaintiff, hereby verify and state thai the facts set forth in the foregoing Petition are true and correct to the best of my knowledge, information, and belief. I am aware that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Dated: BY: Leanne C. i~ LEANNE C. LAYNE, Plaintiff VS. LARKIN LAYNE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 03-1493 : : CIVIL ACTION[ - LAW : CUSTODY CERTIFICATE OF SERVICE I, Jeann~ B. Costopoulos, Esquire, hereby certify that I mn this day serving a copy of the foregoing document upon the persons, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylwmia, through first class mail, prepaid, and addressed as follows: Jason P. Kutulakis, Esquire 8 South Hanover Street, Suite 204 Carlisle, PA 17013 BY: Jear~/B. Costopoulos, Esquire ATTORNEY FOR PLAINTIFF 5000 Ritter Road, Suite 202 Mechanicsburg, PA 1705:5 Phone: (717) 790-9546 Supreme Ct. ID No. 68735; EXHIBIT A HAY 1 6 2003 LEAN-NE C. LAYNE, Plaintiff VS. LARKIN LAYNE Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-1493 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this oZo~---~ day of ']7~7 , 2003, upon consideration of the attached Custody Conciliation Rep6rt, it is ordered and directed as follows: 1. The parties shall participate in a course of coparenting counseling with a professional selected by agreement of the parties who is a designated provider under the Father's insurance plan. The purpose of the counseling shall be to assist the parties in establishing sufficient communication and cooperation to enable them to effectively coparent their Children. The parties shall attend a minimum of four joint sessions and shall thereafter follow the recommendations of the counselor with regard to the frequency and duration of counseling. The parties shall follow any recommendations of the counselor with regard to the necessity of individual counseling, if covered by the Father's insurance. 2. The Mother, Leanne C. Layne, and the Father, Larkin Layne, shall have shared legal custody of Audrey Layne, bom July 23, 1994, Larkin M. Layne, bom December 18, 1997, Nathaniel C. Layne, born November 20, 1999, and Gabrielle Layne, born October 27, 2001. 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 of this paragraph each parent shall be entitled to ail records and information pertaining to the Children including, but not limited to, school and medical records mad information. 3. Pending completion of the coparenting counseling and further agreement of the parties or Order of Court, the Mother shall have primary physical custody of the Children. 4. The Father shall have partial physical custody of the Children as follows: A. The Father shall have custody of Audrey and Larkin on alternating weekends from Friday between 4:30 pm and 5:00pm through Sunday at 6:30 pm beginning Friday, May 9, 2003. During every other alternating weekend period of custody, the Father shall also have custody of Nathaniel and Gabrielle on Sunday from 12:30 pm through 4:30 pm. C. Every Tuesday, the Father shall have custody of Gabrielle from 4:30 pm through 6:30 pm. D. Every Wednesday, the Father shall have custody of Audrey and Larkin from 4:30 pm through 6:30 pm. E. Every Thursday, the Father shall have custody of Nathaniel from 4:30 pm through 6:30 pm. 5. The parties shall altemate having custody of the Childrem on holidays as follows: A. CHRISTMAS: The Christmas holiday period of custody shall run from Christmas Eve at 12:00 noon through Christmas Day at 6:30 pm. In odd numbered years, the Father shall have custody of the Children over the Christmas holiday and in even numbered years, the Mother shall have custody. If either party intends to travel outside Pennsylvania for the Christmas holiday during his or her alternating Christmas holiday period of custody, the custodial period shall begin as soon as possible after school ends before the holiday and shall continue for seven consecutive days. A party intending to exercise his or her right to an extended period of custody under this provision shall provide at least two weeks advance notice to the other party. B. ALTERNATING HOLIDAYS: In odd numbered years, the Father shall have custody of the Children on New Years Day, Memorial Day, Labor Day, and Christmas and the Mother shall have custody on Easter, July 4th and Thanksgiving. In even numbered years, the Mother shall have custody of 'the Children on New Years Day, Memorial Day Labor Day, and Christmas and the Father shall have custody on Easter, July 4th and Thanksgiving. The period of custody for the alternating holidays (except Christmas) shall nm for the entire day, with the specific times to be arranged by agreement of the parties. Without altering the ongoing alternating holiday schedule, the parties agree that the Father shall have custody of the Children on July 4th in 2003. C. MOTHER'S DAY / FATHER'S DAY: The Mother shall have custody of the Children every year on Mother's Day and the Father shall have custody of the Children every year on Father's Day, with the specific times to be arranged by agreement of the parties. In 2003, the parties agree that the Father's 'weekend period of partial custody over Mother's Day shall not be interrupted for the holiday. D. The holiday custody schedule shall supercede and take precedence over the regular and vacation custody schedules. E. The parties acknowledge that the Father may not be able to have custody of all four children on holidays until he has obtained a motor 'vehicle with sufficient seating. 6. Each party shall be entitled to have custody of the Children for two non-consecutive weeks each year upon providing at least thirty days advance notice to the: other party. The party providing notice first shall be entitled to preference on his or her vacation days. 7. Unless otherwise agreed, the party receiving custody shall be responsible to provide transportation for the exchange with the exception of the Father's periods of Sunday afternoon custody with all four Children, for which the Mother shall provide all transportation. 8. During exchanges of custody of the two older Children, the party receiving custody shall remain in his or her vehicle and the other party shall remain in his ,or her residence. During exchanges of custody of the two younger children, the parties' communicatie.n shall be limited to information concerning the exchange of custody. The parties shall ensure that exchanges of custody are conducted in a civil and cooperative manner for the protection of the Children's well being. 9. Within three months after completion ofcoparenting counseling, counsel for either party may contact the conciliator to schedule an additional conciliation conference to review the custody arrangements, if necessary. 10. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 11. 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. BY THE COURT, Jo cc: Jeanne B. Costopoulos, Esquire - Counsel for Mother Jason p. Kutulakis, Esquire - Counsel for Father LEANNE C. LAYNE, Plaimiff VS. LARKIN LAYNE Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-1493 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMJ2RY 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 Audrey Layne Larkin M. Layne Nathaniel C. Layne Gabrielle Layne DATE OF BIRTH July 23, 1994 December 18, 1997 November 20, 1999 October 27, 2001 CURRENTLY IN CUSTODY OF Mother Mother Mother Mother 2. A Conciliation Conference was held on May 8, 2003, with the following individuals in attendance: The Mother, Leanne C. Layne, with her counsel, Je~mne B. Costopoulos, Esquire and the Father, Larkin Layne, with his counsel, Jason P. Kutulakis, Esquire. 3. The parties agreed to entry of an Order in the form as atIached. IF: 2o 3 Date O Dawn S. Sunday Custody Conciliator LEAN'NE C. LAYNE : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. 03-1493 CIVIL ACTION LAW LARKIN LAYNE : IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, June 06, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, July 02, 2003 at 12:00 PM 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 pemmnent urder. The court hereby directs the parties to furnish any and ali existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunday. Esq. 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 TItlS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIlE 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 LEANNE C. LAYNE, Plaintiff VS. LARKIN LAYNE Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-1493 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this II~ day of ~,,d9 , 2003, upon consideration of the attached Custody Conciliation Report, it 1" 's ordered and directed as follows: 1. The parties shall participate in a course of coparenting counseling with Helen Mort-is. The purpose of the counseling shall be to assist the parties in establishing sufficient communication and cooperation to enable them to effectively coparent their Children. The parties shall attend a minimum of four joint sessions and shall thereafter follow the recommendations of the counselor with regard to the frequency and duration of counseling. The parties shall follow any recommendations of the counselor with regard to the necessity of individual counseling, if covered by the Father's insurance. 2. The Father agrees to complete a course in anger management counseling with Helen Morris, and shall follow the recommendations of the counselor concerning the frequency and duration of sessions. 3. The Mother, Leanne C. Layne, and the Father, Larkin Layne, shall have shared legal custody of Audrey Layne, born July 23, 1994, Larkin M. Layne, born December 18, 1997, Nathaniel C. Layne, bom November 20, 1999, and Gabrielle Layne, bom October 27, 2001. Each parent shall have an equal right, to be exemised 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 of this 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 sign all authorizations needed by the Father in order to obtain medical or insurance information from the Children's doctors or other health care professionals. 4. The Mother shall have primary physical custody of the Children. 5. The Father shall have partial physical custody of the Children on altemating weekends from Friday between 4:30 pm and 5:00pm through Sunday at 6:30 pm beginning Friday, July 4, 2003. Every Tuesday, the Father shall have custody of Gahrielle from 4:30 pm through 6:30 pm. Every Wednesday, the Father shall have custody of Audrey and Larkin from 4:30 pm through 6:30 pm. Every Thursday, the Father shall have custody of Nathaniel from 4:30 pm through 6:30 pm. 6. The parties shall alternate having custody of the Children on holidays as follows: A. CHRISTMAS: The Christmas holiday period of custody shall run from Christmas Eve at 12:00 noon through Christmas Day at 6:30 pm. In odd numbered years, the Father shall have custody of the Children over the Christmas holiday and in even numbered years, the Mother shall have custody. If either party intends to travel outside Pennsylvania for the Christmas holiday during his or her alternating Christmas holiday period of custody, the custodial period shall begin as soon as possible after school ends before the holiday and shall continue for seven consecutive days. A party intending to exercise his or her right to an extended period of custody under this provision shall provide at least two weeks advance notice to the other party. B. ALTERNATING HOLIDAYS: In odd numbered years, the Father shall have custody of the Children on New Years Day, Memorial Day, Labor Day, and Christmas and the Mother shall have custody on Easter, July 4th and Thanksgiving. In even numbered years, the Mother shall have custody of the Children on New Years Day, Memorial Day, Labor Day, and Christmas and the Father shall have custody on Easter, July 4th and Thanksgiving. The period of custody for the alternating holidays (except Christmas) shall run for the entire day, with the specific times to be arranged by agreement of the parties. Without altering the ongoing alternating holiday schedule, the parties agree that the Father shall have custody of the Children on July 4th in 2003. C. MOTHER'S DAY / FATHER'S DAY: The Mother shall have custody of the Children every year on Mother's Day and the Father shall have custody of the Children every year on Father's Day, with the specific times to be arranged by agreement of the parties. In 2003, the parties agree that the Father's weekend period of partial custody over Mother's Day shall not be interrupted for the holiday. D. The holiday custody schedule shall supercede and take precedence over the regular and vacation custody schedules. 7. Each party shall be entitled to have custody of the Children for two non-consecutive weeks each year upon providing at least thirty days advance notice to the other party. The party providing notice first shall be entitled to preference on his or her vacation days. 8. On a temporary basis, the Father shall provide all transportation for exchanges of custody at the Mother's residence. The parties agree to cooperate in working toward restoring the shared transportation arrangement through the coparenting counseling process. 9. The Father shall schedule an appointment to meet with Audrey's pediathcian (and for an examination of the Child if deemed necessary by the physician) to obtain information and written recommendations regarding counseling or other treatment concerning behavioral concerns raised by the Father. 10. The parties agree to obtain counseling for Audrey. The Father shall identify a list of potential counselors from which the parties shall select a counselor by agreement. The Father shall be responsible to schedule the Child's initial appointment. 11. The Mother shall provide Nathaniel's walker, nebulizer, splints, front to back stroller, and any other equipment related to Nathaniel's walking disability to the Father for his use during his periods of custody. The Father shall return all items to the Mother at the end of his periods of custody. 12. In the event either party intends to remove a Child or the Children from the Commonwealth of Pennsylvania for an overnight period or longer that party shall provide the other party with the address and telephone number in advance where the Children or Child can be contacted. 13. Within three months after completion of coparenting counseling, counsel for either party may contact the conciliator to schedule an additional conciliation conference to review the custody arrangements, if necessary. 14. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 15. 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. BY THE COURT, cc: Jeanne B. Costopoulos, Esquire - Counsel for Mother Peter J. Russo, Esquire - Counsel for Father LEANNE C. LAYNE, Plaintiff VS. LARKIN LAYNE Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-1493 CIVIL ACTION LAW IN CUSTODY Prior Judge: Kevin A. Hess 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 Audrey Layne Larkin M. Layne Nathaniel C. Layne Gabrielle Layne DATE OF BIRTH July 23, 1994 December 18, 1997 November 20, 1999 October 27, 2001 CURRENTLY IN CUSTODY OF Mother Mother Mother Mother 2. A Conciliation Conference was held on July 2, 2003, with the following individuals in attendance: The Mother, Leanne C. Layne, with her counsel, Jeanne B. Costopoulos, Esquire, and the Father, Larkin Layne, with his counsel, Peter J. Russo, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday Custody Conciliator LEANNE C. LAYNE, Plaintiff VS. LARKIN LAYNE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No. 03-1493 : CIVIL ACTION - LAW : DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE ~ AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 1, 2003. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Date: Signature : Le~ LEANNE C. LAYNE, Plaintiff VS. LARK1N LAYNE, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No. 03-1493 CIVIL ACTION - LAW DIVORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. i understand that i may lose rights concerning alimony, division of property, lawyer's fees, or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. 4. I veri~ that the statements made in this Affidavit are t~ue and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Signature: Leanne C. Lay~e LEANNE C. LAYNE, Plaintiff VS. LARKIN LAYNE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 03-1493 : : CIVIL ACTION[ - LAW : DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 1, 2003. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed fi.om the date of the filing and service of the Complalm. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I verify that the statements made in this Affidavit are lxue and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Date: Signature: Larkin Layne LEANNE C. LAYNE, Plaintiff : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA VS. LARKIN LAYNE, Defendant No. 03-1493 CIVIL ACTION[ - LAW : DIVORCE AFFIDAVIT OF SERVICE TO THE PROTHONOTARY: I, Jeann6 B. Costopoulos, Esquire, verify that the Complaint in Divorce was served upon the Defendant indicated above on April 5, 2003, by first class, Certified Mail No. 7000 1530 0001 6001 8466, postage prepaid, return receipt requested, restricted delivery, pursuant to the requirements of Pa.R.C.P. §1930.4. Dated: By: Je ~ B~. Costopoulos, Esquire' Attorney for Plaintiff 5000 Ritter Road, Suite 202, Box 779 Mechanicsburg, PA 17055 Phone: (717) 790--9546 PA S.Ct. 1D No. 68735 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: D. Is detivery address different from item 17 [] Yes If YES, enter delivery address below: [] No 3. Service Type ~ifled Mail [] Express Mail [] Registered [] Return Receipt for Mor~i3a~0i~ [] Insured Mail [] C.O.D. 4. Restricted DelivaT? (E~tr~ Fee) 2. Article Number (Transfer from service label) PS Form 3811, August 2001 Domes'iic Return R~,~=~ 102595-01-M-2509 LEANNE C. LAYNE, Plaintiff VS. LARKIN LAYNE, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 03-1493 CIVIL ACTION - LAW DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for Divorce: Irrelrievable breakdown under §3301(c) of the Divorce Code. 2. Date and Manner of service of the Complaint: Service by certified mail no. 7000 1530 0001 6001 8466. See attached Affidavit of Service. 3. Date of execution of the Affidavit of Consent required by §3301 (c) ofthe Divorce Code: by the Plaintiff 8/12/03:; by the Defendant: 8/29/03. 4. Related claims pending: None. 5. Date Plaintiff's Waiver of Notice in §3301(c) divorce was filed with the prothonotary: 8/18/03. Date Defendant's Waiver of Notice in §3301(c) divorce was filed with the prothonotary: filed simultaneously with this Pmecipe to Transmit Record. Respectfully Submitted: Je 6~B. Costopoulos,' Esquire ~ ~ Attorney for Plaintiff 5000 Ritter Road, Suite 202, Box 779 Mechanicsburg, PA 17055 Phone: (717) 790-9546 PA S.Ct. ID No. 68735 Dated: IN THE COURT OF COMMON PLEAS LEA~NE C. LAYNE, Plaintiff VERSUS LARKIN LAYNE, OFCUMBERLANDCOUNTY STATE OF PENNA. N O. 03-1493 DECREE IN DIVORCE AND NOW, .~¢'~/,-~ DECREED THAT LEA~NE C. LAYNE ~¢_I., It IS ORDERED AND , PLAINTIFF, AND LARKIN LAYNE , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; ~ON~. BY THE/~OURT: / PROTHONOTARY LEANNE C. LAYNE, Plaintiff VS. LARKIN LAYNE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 03-1493 : : CIVIL ACTION - LAW : DIVORCE DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I eonsem to the entry of a £mal decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. 4. I verify that the statements made in this Affidavit are Irue and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Dated: "~7'0---~ Signaturce Larkin Layne LEANNE C. LAYNE, Plaintiff VS. LARK1N LAYNE, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 03-1493 CIVIL ACTION - LAW : CUSTODY PLAINTIFF'S EMERGENCY PETITION TO MODIFY LEGAL CUSTODY AND NOW, the Plaintiff/Petitioner, Leanne C. La)me, by and through her attorney, Jearm6 B. Costopoulos, Esquire, makes the following Emergency Petition to Modify Legal Custody: 1. The Petitioner, Plaintiffabove, Leanne C. Layne (hereinafter referred to as "Mother"), is an adult individual who currently resides at 1398 Letchworth Road, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. The Respondent, Defendant above, Larkin Layne (hereinafter referred to as "Father"), is an adult individual who currently resides at 632 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania 17043. 3. Mother seeks modification of an Order of Court dated July 11, 2003 regarding the following children: Names Audrey Layne Larkin M. Layne Nathaniel Layne Present Residence 1398 Letchworth Road Camp Hill, PA 17011 1398 Letchworth Road Camp Hill, PA 17011 1398 Letchworth Road Camp Hill, PA 17011 Ages 9½ years DOB 7/23/1994 6 years DOB 12/18/1997 4 years DOB 11/20/1999 Gabrielle Layne 1398 Letchworth Road 2 years Camp Hill, PA 17011 DOB 10/27/2001 4. Mother previously filed a complaint at the above docket number and an agreed upon order was submitted following a custody conciliation conference held before Dawn S. Sunday on May 8, 2003. Shortly after entry of the agreed upon order, Mother was forced to file a Petition to Modify Custody because Father repeatedly used foul language and made obscene gestures in the presence of the children during custody exchanges and made threats to not return the children as the times specified in the order. A second conciliation conference was held before Dawn S. Sunday on July 2, 2004 at which time another agreement was reached and an Order of Court signed July 11, 2004. A copy of this Order is attached as Exhibit A. 5. Since the custody conciliation conference held before Dawn S. Sunday on July 2, 2003, Father has interfered with the parties' sons Larkin and Nathaniel's physical well- being in that he has expressly told ail physicians and health care providers not to touch his children. As a result, some of the children's health care providers immediately ceased treatment and physical therapy of the children. 6. It is very important that the children's lxeatment and therapies not be interrupted. Larkin has been receiving treatment for ADHD and ODD for over two years and requires psychiatric treatment to regulate his medication. Nathaniel suffers from spastic cerebral palsy and has received special services since he was six months old including occupational and physical therapy as prescribed by his neurologist and pediatrician. 7. It is believed that Father's ections of directing health care providers to withhold necessary treatment from the children is being performed out of hatred and spite towards Mother and his desire to control Mother rather than fi.om a genuine concern for the children's best interests. 8. Father has historically not respected Mother's authority as primary custodian of the children and is constantly looking for opportunities to undermine her parenting of the children. Prior to the last conciliation conference, Father appeared at undersigned counsel's office making demands for documents and other items he had no legitimate need for, but wanted anyway just because he believed he had the right. Subsequent to the July 2, 2003 conciliation, at a joint counseling session for both parties, Father stated to the counselor that he wished Mother were dead. 9. As a result of the above, Mother believes the best interests of the children and permanent welfare of the children would be better served by modifying the July 11, 2003 Order of Court such that sole legal custody is granted to Mother, therefore preventing Father fi.om abusing his shared custody rights to the extent that he places said rights before the children's physical health and general well-being. WHEREFORE, Petitioner respectfully requests the July 1 I, 2003 Order be modified such that she is granted sole legal custody of the children. DATED: Respectfully submitted, ~eann6 B. Costopoulos, Esquire ATTORNEY FOR PLAINTIFF 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 '~//~ ~'/~' or~ Phone: (717)790-9546 PA Supreme Ct. ID No. 68735 LEANNE C. LAYNE, Plaintiff VS. LARKIN LAYNE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 03-1493 : : CIVIL ACTION - LAW : CUSTODY CERTIFICATE OF SERVICE I, Jeann6 B. Costopoulos, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the persons, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Larkin Layne 632 Hummel Avenue Lemoyne, PA 17043 DATED: BY: J~ann6 B. Costopoulos, Esquire ATTORNEY FOR PLAINTIFF 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Phone: (717) 790-9546 PA Supreme Ct. ID No. 68735 LEANNE C. LAYNE, Plaintiff VS. LARKIN LAYNE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 03-1493 : : CIVIL ACTION - LAW : CUSTODY VERIFICATION I, Leanne C. La)me, Plaintiff, hereby verify and state that the facts set forth in the foregoing Petition are tree and correct to the best of my knowledge, information, and belief. I am aware that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. BY: Leanne C. Layne ~ Dated: EXHIBIT A LEANNE C. LAYNE, Plaintiff LARK.IN LAYNE Defendant IN THE COURT OF COMMON PL~Ag DY CU3,fBERLAND COL~NTY, PENNSYLVANIA 03-1493 CIVIL ACTION LAW I~NCUSTODY ORDER OF COURT AND NOW, ti'tis /Ia day of consideration of the attached Custody Concil/ation Rep0r/, it is ordered , 2003, upon and directed as follows: 1. The parties shall participate in a course of coparenting counseling with Helen Morris. The purpose of the counseling shall be to assist the parties in establishing sufficient communiaation and cooperation to enable them to effectively coparent their Children. The panics shall attend a minimum of four joint sessions and shall thereafter follow the recommendations of the counselor with regard to the frequency and duration of counseling. The parties shall follow any recommendations of the counselor with regard to the necessity of individual counseling, if covered by the Father'S insurance. 2, The Father agrees to complete a course in anger management counseling with Helen Morals, and shall follow the recommendations of the counselor concern/nc the frequency and duration of sessions. 3. The Mother, Learmc C. Layne, and the Father, Larkin Layae, shall have shared legal custody of Audrey Layne, born July 23, 1994, Larkin M, Layne, born December 18, 1997, Nathaniel C. Layne, bom November 20, 1999, and Gabrielle Layne, bom Octobcr 27, 2001. Each parent shall have an cqual right, to be exercised jointly with thc other parent, to mak,, all major non-emcrgency decisions affcctin8 thc Children's general well-being including, but not limited to, all decisions regarding their health, cdusation and religion. Pursuant to thc terms of this paragraph each parent shall be entitled lo all records and information pertaining to the Children including, but not limited to, school and mcdical records and information. The Mother shall sign all authorizations needed by the Father in 0rdcr to obtain medical or insurance information from the Children's doctors or other health care professionals. 4. The Mother shall have primary physical custody of thc Children. 5. The Father shall have partial physical custody of thc Children on altcrnatlng weekends from Friday between 4:30 pm and 5:00pm through Sunday at 6:30 pm beginning Friday, July 4, 2003. Every Tuesday, the Father shall have custody of Gabrielle from g:30 pm through 6:30 pm, Every Wednesday, the Father shall have custody of Audrey and Larkin from 4:30 pm through 6:30 pm. Every Thursday, the Father shall have custody of Nathaniel from 4:30 pm through 6:30 pm. 6. Thc parties shall alternate having custody of the Children on holidays as follows: A. _~__HE!~__TMAS: The Christmas holiday period of custody shall run from Christmas Eve at 12:00 noon through Christmas Day at 6:30 pm. In odd numbered years, the Father shall have custody of thc Children over the Christmas holiday and in even numbered years, the Mother shall have custody. If either party intends to travel outside Pennsylvania for the Christmas holiday during his or her alternating Cludstmas holiday per/od of custody, the custodial period shall begin as soon as possible after school ends before the holiday and shall continue for s~ven consecutive days. A party intending to exercise his or bm' right to an extended period of custody under this provision shall provide at least two weeks advance notice to the other party. B. ALTERNATING HOLIDAYS: Ia odd numbered years, the Fa*her shall have custody of the Children on New Years Day, Memorial Day, Labor.D. ay, and Christmas and the Mother shall have custody on Easter, ~'uly 4th arid Thlh-lkSglVlflg. In even numbered years, the M0th~r shall have custody of the Child~n on Nvw Years Day, Memorial Day, Labor Day, and Christmas and thc Father shall have custody on Easter, July 4~ and Thanksgiving. The period of custody for the alternating holidays (except Christmas) shall run for the entire day, with the specific times to be arranged by agr~-xnent of the parties. Without altering the ongoing alternating holiday schedule the parties agree that the Father shall have custody of the Children on July 4~in 2003. ' C. MOTHER'S DAY / FATHER'S DAY: The Mother shall have custody of the Children every year on Mother's Day and the Father shall have custody of thc Children every year on Father's Day, with the specific times to be arranged by agreement of the par~ies. In 2003, the parties agree that the Father's weekend period of partial custody over Mother's Day shall not be interrupted for the holiday. D. The holiday custody schedule shall supercede and take precedence over the regular and vacation custody schedules. 7. Each party shall be entitled to have custody of the CMldren for two non-consecutive weeks each year upon providing at least thirty days advance notice to the other party. The party providing notice first shall be entitled to preference on his or her vacation days. 8. On a temporary basis, the Father shall provide all transportation for exchanges of custody at the Mother's residence. The parties agree to cooperate ha working toward restoring the shared transportation arrangement through thc coperenting counseling process. 9. Thc Father shall schedule an appointment to meet with Audrey's pediatriciaa (and for ~m examination of thc Child if deemed necessary by the physician) to obtain information and written recommendations regarding counseling or other treatment concerning behavioral concerns raised by the Father. 10. The parties agree to obtain counseling for Audrey. The Father shall identify a list of potential counselors fi.om which the parties ~.all select a counselor by agreement. The Father shall be responsible to schedule the Child's initial appointment. 11. The Mother shall provide Naihaniel's walker, nebulizer, splints, f~ont to back stroller, and any other equipment related to Nathaniel's walking disability to the Father for his use during his periods of custody. The Father shall return all items to the Mother at the end of his periods of custody. 12. In the event either party intends to remove a Child or the Children from the Commonwealth of Permsylvania for an overnight period or longer that party shall provide the other part),- with the address and telephone number in advance where the Children or Child can be contacted. 13. Within three months al~ter completion of cope. renting counseling, counsel for either party may contact the conciliator to schedule an additional conciliation conference to review the custody arrangements, if necessary. 14. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 15. This Order is entered pursuant to aa 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. TRUE[ COPY FROM RECORU In Tesilmony whereof, ! BY THE COURT, KT~ Hess cc: Jeanne B. Costopoulos, Esquire - Counsel for Mother Peter J. Russo, Esquire. Counsel for Father ./C,~, .~-~' '2-//.Da LEANNE C. LAYN~, Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLA.ND COIJ'NTY, PE"N'~dx~L'q 03-1493 CIVIL ACTION LAW LAP.KIN LAY'NE Defendant : IN CUSTODY Prior ludge: Kevln A. Hess CUSTODY CONCILIATION SUMMARY REPORT IN ACCOI~OA-NCE V~ITH CLrMBERL,~ND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1, The pertinent information concerning the Childrea who are the subjects of this litigation is as follows: NAME Audrey Layn¢ Larkin M. Layne Nathaniel C. Layne Gabrielle Layne DATE OF BIRTH July 23, 1994 December 15. 1997 November 20, 1999 October 27, 2001 CURRENTLYINCV~oPYOF Mother Mother Mother Mother 2. ".ak' 'COr~ciliati~n Conference was held on July 2, 2003, with thc f,ollowing ind v/duals in attendance: The Mother, Leanne C. Layne, with her counsel, Jeanne B. Costopoulos, Esquire, and the Father, Larkin La) ne, with his eotmsel, Peter $. Russo, Esquire. 3. Thc parties agreed to entry of an Order in the form as attached. Dawr~S. Sunday Custody Conciliator LEANNE C. LAYNE, Plaintiff VS. LARKIN LAYNE, Defendant AND NOW, this : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 03-1493 : : CIVIL ACTION - LAW : CUSTODY ORDER OF COURT day of ,,~8....0 ,2004, upon consideration of Plaintiff's Emergency Petition to Modify Legal Custody, a Rule is hereby issued on Defendant, Larkin Layne, to show cause why the requested relief should not be granted. Rule returnable 2- o days fi:om service. In the meantime, until further Order of Court, the Plaintiff, Learme C. Layne, shall have sole legal custody of Audrey Layne, bom July 23, 1994, Larkin M. Layne, bom December 18, 1997, Nathaniel C. Layne, bom November 20, 1999, and Gabrielle Layne, bom October 27, 2001. Plaintiff shall have the sole right, without participation of Defendant, to make decisions which have a greater than day-to-day effect on the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of this paragraph, Defendant shall not interfere with Plaintiff's sole right to make such decisions and shall not contact or communicate with any of the children's healthcare providers unless expressly permitted by Plaintiff. BY THE COURT: LEANNE C. LAYNE, Plaintiff VS. LARKIN LAYNE, Defendant THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 03-1493 : : CIVIL ACTION'- LAW : CUSTODY TO THE HONORABLE KEVIN A. HESS, JUDGE OF SAID C, OURT: PLAINTIFFL~i MOTION TO MAkTE RI~I' ,E AR,~OI,IITE AND NOW, the Plaintiff, Leanne C. Layne, by and through her attorney, Jeann~ B. Costopoulos, Esquire, makes the following Motion to Make Rule Absolute: 1. Plaintiff's Emergency Petition to Modify Legal Custody was filed on March 24, 2004. Said Petition is incorporated herein by reference as though fully set forth. 2. On March 31, 2004, the Honorable Kevin A. Hess issued a Rule on Defendant, Larkin Layne, to show cause why the relief requested in Plaintiff's Emergency Petition to Modify Legal Custody should not be granted. The Rule was returnable twenty (20) days from service. See Exhibit A. 3. Undersigned counsel served said Rule on Defendant via restricted delivery certified mail no. 7000 1530 0001 6001 8725 on April 9, 2004. See Exhibit B - Letter to Defendant and Exhibit C - return receipt. 4. Defendant has not filed a response to the March :31, 2004 Rule to Show Cause and more than twenty (20) days have elapsed since service thereof on Defendant. WHEREFORE, Plaintiffrespecffully requests this Honorable Court to grant the relief requested in her Emergency Petition to Modify Legal Custody. Respectfully submitted, Jeann~ B. Costopoulos, E~,~quire 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone: (717) 790-9547 PA Supreme Ct. ID No. 615735 ATTORNEY FOR PLAINTIFF LEANNE C. LAYNE, Plaintiff va.. LARKIN LAYNE, Defendant AND NOW, this : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ; : No. 03-1493 : : CIVIL ACTION - LAW : CUSTODY ORDER OF COURT day of ~ ,20(}4, upon consideration of Plaintiff's Emergency Petition to Modify Legal Custody, a Rule is hereby issued 6n Defendant, Larldn Layne, to show cause why the requested relief should not be granted. Rule returnable ~2 o days from service. In the meantime, until further Order of Court, the Plaintiff, Leanne C. Layne, shall have sole legal custody of Audrey La]me, bom July 23, 1994, Larkin M. Layne, bom December 18, 1997, Nathaniel C. Layne, bom November 20, 1999, and Gabrielle Layne, bom October 27, 200 I. Plaintiff shall have the sole right, without participation of Defendant, to make decisions which have a greater than day-to-day effect on the Children's general well-being including, but not limited to, ~11 decisions regarding their health, education and religion. Pursuant to the terms of this paragraph, Defendant shall not interfere with Plaintiff's sole right to make such decisions and shall not contact or communicate with any of the children's healthcare providers unless expressly permitted by Plaintiff. BY THE COURT: JEANNe, B. COSTOPOULOS, ~'SQUIRE The Executive Offices at Rossmoyne 5000 Ritter Road, Suite 202, P.O. Box 779 Mechanicsburg, PA 17055 West Shore (717) 790-9546 E-mail: jbclegal~aol, com East Shore (717) 221-0900 Facsimile: (717) 790-6019 April 5, 2004 Larkin Layne 632 Hummel Avenue Lemoyne, PA 17043 VIA CERTIFIED MAIL NO. 7000 1530 0001 6001 8725 Dear Mr. Layne: Enclosed please find the following: 1) Plaintiff's Emergency Petition to Modify Legal Custody 2) Order of Court dated March 31, 2004 issuing a rule to show cause why the relief requested in Plaintiff's Petition should not be granted If you retain an attorney, please have him or her contact me. cc: File Sincere~y~rs, EXHIBIT B · Complete items 1,2, and 3. Alan complete item 4 if Restricted Delivery is desired. · Pdnt your name and address on the rev~-se so that we can return the card to you. · At'bach this card to the back of the mailpiece, or on the front if space permits. 2. Article Number (Transfer from Serv/ce/abe/) PS Form 3811, August 2001 B. R~ceived by ( Pdn~ Name) D. Is d~ive~ addm~ dh3'em~t ~f YES, enter delivery address below: 3. Serv' ype edified Mail [] Insured Mail [] A~ent [] Addressee Date of Daiive~'y ~ C.O.D. /5'3o 00o/ ' 7z5" Domestic Return Receipt EXHIBIT (2; LEANNE C. LAYNE, Plaintiff VS. LARKIN LAYNE, Defendant : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 03-1493 : CIVIL ACTION - LAW : CUSTODY CERTIFICATI~, OF Rg~RVICF, I, Jeann6 B. Costopoulos, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the person and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Larkin Layne 632 Hummel Avenue Lemoyne, PA 17043 DATED: BY: ATTORNEY FOR PLAINTIFF 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Phone: (717) 790-9546 PA Supreme Ct. ID No. 68735 LEANNE C. LAYNE, Plaintiff VS. LARKIN LAYNE, Defendant : THE COURT OF COMMON PLEAS OF : CUMBERLAND' COUNTY, PENNSYLVANIA : No. 03-1493 : : CIVIL ACTION - LAW : CUSTODY AND NOW, this i~' day of t~ ,2004, upon consideration of PlalntiW s Emergency Petition to Modify Legal Custody and PlalntiWs Motion to Make Rule Absolute, it is hereby Ordered that paragraph 3 of this court's prior Order dated July 11, 2003 is rescinded and replaced with the following: 3. The Mother, Leanne C. Layne, shall have sole legal custody of Audrey Layne, bom July 23, 1994, Larkin M. Layne, bom December 18, 1997, Nathaniel C. Layne, bom November 20, 1999, and Gabrielle Layne, bom October 27, 2001. The Mother shall have the sole right, without participation of Father, to make decisions which have a greater than day-to-day effect on the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of this paragraph, Father shall not interfere wath Mother s sole right to make such decisions and shall not contact or communicate with any of the children's healthcare providers unless expressly permitted by Mother. All remaining provisions of the July 11, 2003 Order of Court shall remain in full force ande~ct. BY THE COURr: ./ H~,,~vin A. He NOV 1 8 LEANNE C. LAYNE, Plaintiff VS. LARKIN LAYNE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 03-1493 : : CIVIL ACTION - LAW : CUSTODY ORDER OF COURT /~' day of A(_~ ,2004, upon consideration of AND NOW, this Plaintiff's Emergency Petition to Modify Physical Custody, a Rule is hereby issued on Defendant, Larkin Layne, to show cause why the requested relief should not be granted. Rule returnable ~0 days from service. In the meantime, until further Order of Court, all contact between the Defendant, Larkin Layne, and the children, Audrey Layne, bom July 23, 1994, Laa'kin M. Layne, bom December 18, 1997, Nathaniel C. Layne, bom November 20, 1999, and Gabrielle Layne, bom October 27, 2001, shall be supervised by an agency unless otherwise agreed, by Plaintiff, Leanne C. Layne. BY THE COURT: Jo LEANNE C. LAYNE, Plaintiff VS. LARKIN LAYNE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 03-1493 : : CIVIL ACTION - LAW : CUSTODY ORDER OF COURT AND NOW, this day of ,2004, upon consideration of Plaintiff's Emergency Petition to Modify Physical Custody, it i:s hereby Ordered that the July 11, 2003 Order of Court is hereby temporarily suspended until further order of court. In the meantime, sole legal and primary physical custody of Audrey I,ayne, bom July 23, 1994, Larkin M. Layne, bom December 18, 1997, Nathaniel C. Layne, bom iNovember 20, 1999, and Gabrielle Layne, bom October 27, 2001, shall remain with Mother, Leanne C. Layne. The Father, Larkin Layne, shall have supervised visitation of the children. Supervision shall be conducted by an agency unless Mother agrees otherwise. All costs of supervision shall be borne by Father, Larkin Layne. Mother shall cooperate with the agency regarding the scheduling of supervised visits. BY THE COURT: LEANNE C. LAYNE, Plaintiff COMMON PLEAS ~UNTY, PENNSYLVANIA LARK1N LAYNE, kW De fen& PLAINTIFF'S EMERGENCY PETITION TO MODII~'~Y PHYSICAL CUSTODY AND NOW, the Plaintiff/Petitioner, Leanne C. Layne, by and through her attorney, Jeann~ B. Costopoulos, Esquire, makes the following Emergency Petition to Modify Physical Custody: 1. The Petitioner, Plaintiff above, Leanne C. Layne (hereinafter referred to as "Mother"), is an adult individual who currently resides at 1398 Letchworth Road, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. The Respondent, Defendant above, Larkin Layne (hereinafter referred to as "Father"), is an adult individual who resides at 632 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania 17043, although he is believed to be currently incarcerated in the Cumberland County Prison. 3. Mother seeks temporary suspension of an Order of Court dated July 11, 2003 regarding the following children: malTles Audrey Layne Larkin M. Layne Present Residence 1398 Letchworth Road Camp Hill, PA 17011 1398 Letchworth Road Camp Hill, PA 17011 Ages 10 years DOB 7/23/1994 6 ½ years DOB 12/18/1997 Nathaniel Layne 1398 Letchworth Road 4 ½ years Gabrielle Layne Camp Hill, PA 17011 1398 Letchworth Road Camp Hill, PA 17011 DOB 11/20/1999 3 years DOB 10/27/2001 4. Mother previously filed a complaint at the above docket number and an agreed upon order was submitted following a custody conciliatic.n conference held before Dawn S. Sunday on May 8, 2003. Shortly after entry of the agreed upon order, Mother was forced to file a Petition to Modify Custody because Father repeatedly used foul language and made obscene gestures in the presertce of the children during custody exchanges and made threats to not remm the children as the times specified in the order. A second conciliation conference was held before Dawn S. Sunday on July 2, 2003 at which time another agreement was reached and an Order of Court signed July 11, 2003. A copy of this Order is attached as Exhibit A. 5. On March. 24, 2004 Mother filed an Emergency 'Petition to Modify Legal Custody because Father refused to permit the children's health care providers to provide medical treatment to the children. A Rule to Show Cause was served on Father to which he failed to respond and an Order was signed May 17, 2004 granting sole legal custody of the children to Mother. A copy of this Order is attached as Exhibit B. 6. Mother is concerned for the children's safety while in Father's custody. He was recently incarcerated for physically abusing his gh'lfriend, who alleged that up to the date of the incident which resulted in his incarceration he had had been consuming a minimum of a case of beer per day. 7: Father has historically had anger management isSm~s and paragraph 2 of the July 11, 2003 Order of Court required him to complete anger management counseling. It is unknown if Father complied with this provision of the Order. 8. Mother believes it is in the children's best interes~I to have contact with Father in a controlled environment such that he cannot be ux~der the influence of alcohol or otherwise place the children at risk due to his ongoing alcohol and anger issues. WHEREFORE, Petitioner respectfully requests the cc.urt to suspend the July 11, 2003 Order and require all future visitation with the children to be supervised pending further order of COUrt. DATED: BY: Respectfully submitted, J~ann6 B. Costopouios, E:5quire ATTORNEY FOR PLAINTIFF 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Phone: (717) 790-9546 PA Supreme Ct. ID No. 68735 LEANNE C. LAYNE, Plaintiff VS. LARKIN LAYNE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 03-1493 : : CIVIL ACTION[ - LAW : CUSTODY VERIFICATION I, Leanne C. Layne, Plaintiff, hereby verify and state tlutt the facts set forth in the foregoing Petition are tree and correct to the best of my knowledge, information, and belief. I am aware that false statements herein are made subject to the pena/[ties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Dated: BY: EXHIBIT A LEANNE C. LAY'NE, Plaintiff vs. LAKICIN LAYI'qE Defendant IN THE COUR.T OF COlvI/VION PL~,Ag ~¥ CUMBERLAND COLrNTY, PtSNNSYLVANIA 03-1493 CIVIL ACTION LAW CUSTODY ORDER OF COURT AND NOW, this ii~ day of ..~_,./~ , 2003, upon consideration of the attachec~ Custody Conciliation Rep0fi, it is ordered and directed as follows: 1. The parties shall participate in a course of copaxenting counseling with Helen Morris. The purpose of the counseling shah be to assist the parties in establishing; sufficient comtnunieation and cooperation to enable them to effectively coparent their Children. The parties shall attend a minimum of four joint sessions and shall thereafter follow the recommendations oft he counselor with regard to the frequency and duration of counseling. The parties shall follow arty recommendations of the counselor with regard to the necessity of individual counseling, if covered by the Father's insurance. 2, The Father agrees to complete a course in anger management counseling with Helen Morris, and shall follow the recommendations of the counselor concerning the frequency and duration of sessions. 3. 'Cae Mother, Leanne C. Layne, and the Father, Larkin Layne, shall have shared legal custody of Audrey Layne, bom July'23, 1994, La-kin M. Layne, bom December 18, 1997, Nathaniel C. Layne, bom November 20, 1999, and Gabrielle Layne, bom October 27, 2001. 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 limit~l to, all decisions regarding their health, education and religion. Pursuant to the terms of this 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 sign all authorizations needed by the Father in 0rdcr to obtain medical or insurance information from the Children's doctors or other health care professionals. 4. The Mother shall have primary physical custody of the Children. 5. Tho Father shall have partial physical custody of the Childaren on alternating weekends from Friday between 4:30 pm and 5:00pm through Sunday at 6:30 pm beginning Friday, July 4, 2003. Every Tuesday, the Father shall have custody of Gabrielle from 4:30 pm through 6:30 pm. Every Wednesday, the Father shall have custody of Audrey and Larkin from 4:30 pm through 6:30 pm. Every Thursday, the Father shall have custody of Nathaniel from 4:30 pm through 6:30 pm. 6, The parties shall alternate having custody of the Children on holidays a~ follows: A. ~dI~.~]~-~: The Christmas holiday period ofc,ustody shall run from Christmas Eve at 12:00 noon through Christmas Day at 6:30 pm. In odd numbered years, the Father shall have custody of the Children over the Christmas holiday and in even numbered years, the Mother shah have custody. If either party intends to travel outside P~msylvania for the Christmas holiday during his or her alternating Christmas holiday period of custody, the custodial period shall beght as soon as possible after school ends before the holiday and shall continue for seven consecutive days. A party intending to exercise tfis or her Hght to an extended period o£custody under this provision shall provide at least two weeks advance notice to the othe~ party. B. ALTERNATiNG HOLIDAYS: In odd numbered, years, the Father shall have custody of the Children on New Years Day, Momori;~l Day, Labor Day, and Christmas and the Mother shall have custody on Easter, July 4e and Thanksgiving. In even numbered years, the Mother shall have custody of th, Children on New Years Day, Memorial Day, Labor Day, and Christmas and the Father shall have custody on Easter, .Iuly 4th and Thanksgiving. The period of custody for the alternating holidays (except Christmas) shall nm for the entire day, with the specific times to be arranged by agreement of the parties. Without altering the ongoing alternating belial_ay schedule, the parties agree that the Father shall have custody of the Children on July 4~" in 2003. C. MOTHER'S D.AY / FATHER'S DAY: The Mo~her shall have custody of the Children every year on Mother's Day and the Father shall have custody of the Children every year on Father's Day, with the specific tim~ to be arranged by agreement of the parties, In 2003, the parties agree that the Father's weekend period o£partial custody over Mother's Day shall not be interrupted for the holiday. D. The holiday custody schedule shall supercede andl take precedence over the regular and vacation custody schedules. 7. Each party shall be entitled to have custody of the Childr,m for two non-consecutive weeks each year upon providing at least thirty days advance notice to the other party. The party providing notice first shall be entitled to preference on his or her vacation day,,~. 8. On a temporary basis, the Father shall provide all transportation for exchanges of custody at the Mother's residence. The parties agree to cooperate/ri worldng toward restoring the shared transportation arrangement through the coparenting counseling process. 9. The Father shall schedule an appointment to meet with Audrey's pediatrician (and for an examination of the Child if deemed necessary by the physician) to Obtain information and written recommendations regarding counseling or other treatment concerni~Lg behavioral concerns raised by the Father. 10, The parties agree to obtain counseling for Audrey. The Father shall identify a list of potential counselors from which the parties shall select a counselor by agreement. The Father shall be responsible to schedule the Child's initial appointment. 11. The Mother shall provide Nathaniel's walker, nebulizer, splints, front to back stroller, and any other equipment related to Nathaniel's walking disability to the Father for his use during his periods of custody. The Father shall return all items to the Mother at the end of his periods o¢custody. 12. In the event either party intends to remove a Child or the Children from the Commonwealth 0f Pcrmsylvania for an ov~'nisht period or longer that party shaI1 provide, the other party with the address and telephone number in advance where tho Children or Child can bo contacted. 13. Within three months aider completion ofcoparenting cmmseling, counsel for either party may contact the conciliator to schedule an additional conciliation conference to review the custody arrangernen~, if necessary. 14. Neither party shall do or say anything which may estran~ge the Children from the o~er parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development o£the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 15. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Confererlce. 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, TRUE COPY FROM RECORiJ In Testirnofly whereof, I here unto se~ my ham: BY THE COURT, K~/~ Hess cc: Jeanne B. Costopoulos, Esquire - Counsel for Mother Peter $, Russo, Esquire '- Counsel for Father LEANNE C. LAYNE, Plaintiff VS. LARKIN LAYNE Defendant nq TI-IE COUI~kT OF COMMON PLEAS OF CLrlVIBERLA2qZ) COI~TY, PL:r~L'q/k~4,\lk 03-1493 CWIL ACTION LAW IN CUSTODY Prior Judge: Kevin A. Hess CUSTODy CONCILIAT, ION.. SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undm-signed Custody Conciliator submits the following report: 1, The pertinent information concerning the Children who are the subj~ts of this litigation is as follows: NAME Audrey Layn~ Larkin M. Layne Nathaniel C. Layne Gabriclle Layne D,ATE OF BIRTH July 23, 1994 December 18, 1997 November 20, 1999 October 27, 2001 CURreNTLY IN CUSTO_.Dy OF Mother Mother Mother Mother '2. "'A' 'C~'tciliation Conforonc~ was held on Yuly~.2, 2003, with tl~c fQllo~'ing individuals in attendance: The M0thgr, Leann¢ C. Layne, with her counsel, Jerome B. Cost0p0ul0s, Esquire, and thc Father, Larkin Layn% with his counsel, Peter $. Russo, Esquire. 3. The partios agreed to entry of an Order in the form as at~ached. Date Da~S. Sunday Custody Conciliator EXHIBIT B Jeann6 B. Costopoulos, Esquire 5000 Ritter~uite 202, P.O. Box 779 Meehanicsburg, PA 17055 (717) 790-9546 I~AY 1 0 200~, LEANNE C. LAYNE, Plaintiff VS. LARKIN LAYNE, Defendant : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 03-1493 : : CIVIL ACTION .- LAW : CUSTODY AND NOW, this /~/~ day of -)q4~ ,2004, upon consideration of Plaintiff's Emergency Petition to Modify Legal Custody and Plaintiff's Motion to Make Rule Absolute, it is hereby Ordered that paragraph 3 of this court's prior Order dated July 11, 2003 is rescinded and .replaced with the following: 3. The Mother, Leanne C. Layne, shall have sole; legal custody of Audrey Layne, born July 23, 1994, Larkin M. Layne, bom December 1 g,' 1997, Nathaniel C. Layne, bom November 20, 1999, and Gabrielle Layne, bom October 27, 2001. The Mother shall have the sole right, without participation of Father, to make decisions which have a greater than day-to-day'~ffect on the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of this paragraph, Father shall not interfere with Mother's sole fight to make such decisions and shall not contact or communicate with any of the children's healthcare providers unless expressly permitted by Mother. All remaining provisions of the July 11, 2003 Order of Court shall remain in full force and effect. BY THE COURT: Hon. Kevin A. Hess LEANNE C. LAYNE, Plaintiff VS. LARKIN LAYNE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 03-1493 : : CIVIL ACTION - LAW · CUSTODY CERTIFICATE OF SERVICE I, Jeann6 B. Costopoulos, Esquire, hereby certify that I mn this day serving a copy of the foregoing document upon the persons, and in the manner, indicated below, which service satisfies the requiremems of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mec.hanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Larkin Layne 632 Hummel Avenue Lemoyne, PA 17043 Larkin Layne c/o Cumberland County Prison 1101 Claremont Road Carlisle, PA 17013 BY: DATED: ATTORNEY FOR PLAINTIFF 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Phone: (717) 790-9546 PA Supreme Ct. ID No. 68735