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HomeMy WebLinkAbout00-05225 :,,_........' . . V~. ..........~,.. ~~l . ~ ., ,.,. . -, -, ,.-" 12:ivo' -~. JEANNE B. COSTOPOULOS, ESQUIRE The Executive Offices at Rossmoyne 5000 Ritter Road, Suite 202, P.O. Box 779 Mechanicsburg, PA 17055 E-mail: jbclegal@aoLcom Facsimile: (717) 790-6019 West Shore (717) 790-9546 East Shore (717) 221-0900 March 3, 2004 The Honorable Kevin A. Hess Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Re: Veronica J. Murray and Alma A. Murray v. Anthony E. Seaton, Jr. Docket No. 2000-5225 Civil Term Dear Judge Hess: Following the custody hearing yesterday afternoon, you directed each party to write you a letter containing his or her closing statements. Alma Murray, the maternal grandmother of the subject child, Tiana Seaton, has been acting as a pro se Plaintiff thus far. She requested that I forward the enclosed handwritten letter on her behalf, despite her continued pro se status in this case. Therefore, enclosed please find a handwritten letter by Alma Murray containing her closing remarks. Every witness at the hearing, including father, testified that the child has repeatedly requested a change of custody from her father to her mother. During the in- chambers interview, the child's sole question to you was that you permit her to reside with her mother. Although the child may not have expounded on her reasoning in the presence of father's attorneys during the in-chambers interview past the fact that she feels freer at her mother's house, she did provide more details during her two extensive interviews with Deb Salem. In the last paragraph on page two of Deb Salem's report, the reasons for Tiana's evidently deep felt desire to transfer custody to her mother are not based on superficial outcomes such as relief from discipline or structure, but that she is seeking emotional security in the transfer. In essence, she feels more loved and secure with her mother. She openly expressed to Deb Salem that there are nightly loud parties in father's trailer and that he drinks and smokes too much. Father admittedly has historically consumed alcohol on a daily basis except during terms of probation and parole and except for the last two or three weeks when he allegedly quit suddenly at the request of Tiana. Father testified that prior to quitting drinking a couple weeks ago, he would only have a few beers while getting dinner ready and that he didn't really drink until after the kids went to bed. He also testified that he and his friends smoked in the house after the kids were in bed. This testimony is consistent with Tiana's report of ~~~, -"" , . - ,. ~-I- . =~ - liJ PAGE TWO March 3, 2004 nightly parties and her concern that her father drinks and smokes too much. Mother quit drinking several years ago. In addition, mother has a valid driver's license, something father admittedly won't have for several years, if ever. Regarding the residences of the parties, mother lives in a large four bedroom house in what the child perceives as a safe East Pennsboro neighborhood whereas father lives in a trailer with his girlfriend, three children, four cats, and two dogs in a trailer park in which father admits there are a lot of bad kids. This testimony is consistent with the child's statements to Deb Salem as set forth in the last sentence of the fust full paragraph on page two of Deb Salem's report: that "because of the weird people" that live in her father's trailer court, she is only allowed to go a certain distance from his trailer for safety reasons. Furthermore, the maternal grandmother testified that the house smelled of animal urine. In sum, the child has consistently and repeatedly over the course of at least the last year and a half expressed several complaints about her father and his residence to anyone who would listen. During this same period, she has expressed no concerns to anyone about her mother or her residence. The child believes she made a mistake relocating to her father's residence in July of 2002 and she now has no recourse to change the situation other than pleading her cause to those around her. At a minimum, the child has made this plea to her mother, her maternal grandmother, to Deb Salem, to her father, to father's counsel, and now also to your honor. For the child's continued emotional health, custody should be transferred to mother. Perhaps to ease the child from one household to the other, the child could complete the current school term under the current schedule, then the summer schedule could be a shared week on/week off custody arrangement with each party having the right of first refusal to babysit the child if the other will not be available for a period of four or more hours, then, beginning in fall of 2004, primary custody could be transferred to mother subject to alternating weekend custody with father. The child indicated that she was not concerned about changing school districts, especially since she is now in her last year at her current school and will be changing schools for 5th grade regardless of in which school district she resides. I have enclosed a proposed order, which incorporates the above suggested custodial arrangement. cc: Abigail Salawage - Family Law Clinic Veronica Murray Alma Murray File e B. Costopoulos, Esquire j~;>:j;~ltfu_~j,;;'f,!lWBr""!L-l-:'-'l""_L,",!~1'--?lM~~,,~~,,,i;11~.r:t1"'-'>Of.ti""'''''''bi"-'"<:J"k':,:""""*,,,l'l'f~""",;,,,4_"'c,;'~,,,~' T"'-&2.F,,+;M.,-)o;,lid~,<.w\i#,'i!1<m1HN;~~_~-4$.W1P''';;_ji'>!<i!i'.-;mm~"Iii~ ~~-,". O^" ,~ ,,_~~. .,. ,. ,~. ,-~ ,. <, .0 "" ,-- .-."_C "---~-~ rlJiras~lL- r I' "'iiIIII\i', - ~- ~" '-' "L , ,,' J' ~ " ,cc,. ~y .;. -.-,' --- ; 0 -',,-,- _~. _,_ 'c' ;.. -'o".~o,i,,-,'_, _, -"" .',,;C <~, _ c_"-''') _, ,__j~'. - - !;~'';,L-<__,., . -: '--'0; PENN STATE ~ The Dickinson ~ School of Law Family Law Clinic A service to the community by students from The Dickinson School of Law of The Pennsylvania State University The Dale F. Shughart Community Law Center 45 North Pitt Street Carlisle, PA 17013-2899 (717) 243-3696 Fax: (717) 243-3639 March 8, 2004 The Honorable Kevin A. Hess Cumberland County Courthouse 1 Courthouse Square Carlisle, P A 17013 Re: Murray v. Seaton No. 00 - 5225 Custody Dear Judge Hess: The Family Law Clinic represents the defendant, Anthony E. Seaton, Jr., in the custody action listed above. On March 1,2004, a custody hearing was held in front of you; following that hearing, you suggested that the parties file letters addressing their proposals for an expanded custody schedule for the plaintiff, Veronica Murray, particularly over the summer months. We filed a letter doing so on March 3, 2004. On March 5, 2004, we received Plaintiff's letter to the Court. This is Defendant's response to Plaintiff's letter. First and foremost, we object to any consideration of the handwritten letter from Alma Murray, which was included with the letter from Attorney Jeanne Costopoulos. Alma Murray has not been acting as a pro se plaintiff in this case: in fact, Plaintiffs counsel specifically stated at the hearing that Alma was no longer acting as a plaintiff in this matter and was only appearing as a witness. Alma Murray was sequestered with the other witnesses; she did not remain in the courtroom during the hearing. She had the opportunity to testify at the hearing, where she was subject to cross-examination. We believe that Ms. Murray's letter is an ex-parte communication that is an attempt by Plaintiffs to continue testimony beyond the hearing and to make unsubstantiated allegations against the defendant. As such, it should not be given any consideration by the Court. Obviously, counsel for Plaintiff and Defendant had different interpretations of what you were requesting in the letters submitted to you after the hearing. We did not believe that you were requesting closing statements, particularly since you said that closing statements were not useful in custody cases. It was our understanding that you were requesting proposals for an expanded custody schedule for Mother. We provided such a proposal and have attached a proposed order to this letter that is consistent with the custody arrangement we suggested in our March 3, 2004 letter. The Dickinson School of Law of The Pennsylvania State University An Equal Opportunity University ..C_',"_ ~, .~ - :, .,,',- , ". ',~,,-~ ,'C. _" "_,_~",_,_ - '" --." If our interpretation of your request following the custody hearing was incorrect, we would appreciate the opportunity to provide the Court with the closing statement of Defendant Anthony Seaton. As you know, it is Mr. Seaton's position that Tiana Seaton has thrived while he has been her primary caretaker and that it is in her best interest to remain in his care. We request that the Court maintain the status quo in this case by directing that Defendant Anthony Seaton retain primary physical custody of the child. Thank you for your attention to this matter. Sincerely, ~j)Cf~?J Abigail J.W. Salawage Certified Legal Intern ~ft: Anne MacDonald-Fox Supervising Attorney Enclosure cc: Anthony E. Seaton, Jr. Jeanne B. Costopoulos, Esquire, Via Facsimile (', " J . ,. ". . '-'"'~ ,-'""~^-" - .... VERONICA J. MURRAY and ALMA A. MURRAY, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY v. NO. 00 - 5225 CIVIL ACTION - LAW ANTHONY A. SEATON, JR., Defendant : IN CUSTODY ORDER AND NOW, this _ day of March, 2004, following a hearing regarding custody of the parties' minor child, Tiana Rae Seaton, born September 30, 1994, it is ordered and directed as follows: I. All previous court orders and agreements are replaced by this order. 2. Mother, Veronica J. Murray, and Father, Anthony E. Seaton, Jr., shall have shared legal custody of the child. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of this paragraph, each parent shall be entitled to all records and information pertaining to the Child, including, but not limited to, school and medical records. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. They shall also, in a timely fashion, share information , , ,- ';'.-."-, "'-., ,/ " with each other regarding the Child's extracurricular activities, school schedule, homework, and parent-teacher conferences. 3. Father shall have primary physical custody of the child. 4. Mother shall have periods of partial physical custody as follows: a. Alternating weekends during the school year, beginning March 12, 2004 from Friday after school to Sunday at 7:30 p.m. b. Every Tuesday and Thursday evening during the school year from 4:00 p.m. to 7:30 p.m. c. On Monday school holidays that follow Mother's scheduled weekend custody period, Mother's weekend custody shall continue until Monday at 7:30 p.m. d. During the child's school summer vacations, on alternating weeks, from Sunday at 7:00 p.m. until the following Sunday at 7:00 p.m. In 2004, Mother's summer custody shall begin on June 13, 2004. In subsequent years, the alternating week summer schedule shall be arranged to coincide with the weeks that Father has custody of his youngest daughter. e. Such other times as the parties mutually agree. 5. Holidays shall be shared by the parties as follows: a. Christmas 1. On odd numbered years, Father shall have custody ofthe child from 7:00 p.m. on Christmas Eve until 2:00 p.m. on Christmas Day, and Mother shall have custody from 2:00 p.m. on Christmas Day until 7:00 p.m. on December 26th. "." . . -'~ - ,; . --", ", 11. On even numbered years, Mother shall have custody of the child from 7:00 p.m. on Christmas Eve until 2:00 p.m. on Christmas Day, and Father shall have custody from 2:00 p.m. on Christmas Day until 7:00 p.m. on December 26th. b. If Mother's Day does not fall on Mother's scheduled weekend, Mother shall have custody of the child from 9:00 a.m. until 7:00 p.m. c. If Father's Day does not fall on Father's scheduled week, Father shall have custody of the child from 9:00 a.m. until 7:00 p.m. d. All other holidays will alternate between the parties as they mutually agree. The holiday custody schedule shall supersede the regular custody outlined in Paragraphs three (3) and four (4) above. 6. Transportation shall be shared by the parties so that the party obtaining custody of the child shall be responsible for transportation. BY THE COURT, Kevin A. Hess, 1. Jeanne B. Costopoulos, Esq. Attorney for Plaintiff Abigail 1.W. Salawage Certified Legal Intern For the Defendant , FAMILY LAW CLINIC A service to the community by students from The Dickinson School of Law of The Pennsylvania State University The Dale F. Shughart Community Law Center 45 North Pitt Street Carlisle, PA 17013-2899 (717) 243-2968 Fax: (717) 243-3639 March 3, 2004 The Honorable Kevin A. Hess Cumberland County Courthouse I Courthouse Square Carlisle, PA 17013 Re: Murray v. Seaton No. 00 - 5225 Custody Dear Judge Hess: The Family Law Clinic represents the defendant, Anthony E. Seaton, Jr., in the custody action listed above. On March I, 2004, a custody hearing was held in front of you; following that hearing you requested that the parties file letters addressing their proposals for an expanded custody schedule for the plaintiff, Veronica Murray, particularly in the summer months. This is the defendant's response to the Court's request. Mr. Seaton agrees that Mother's summer custody periods may be expanded substantially. As you may remember from testimony at the hearing, he and his daughters enjoy outdoor activities such as fishing and rafting at their undeveloped property during the warmer months. Therefore, we are proposing that the parties share custody ofTiana Seaton during the summer months on an alternating week schedule so that Tiana may continue to be involved with outdoor family activities with her family on her father's side, and also have additional time to spend with her family on her mother's side. Father would prefer that his weeks of custody coincide with the weeks that he has ct:lstody of his younger daughter, which means that, under his proposal, Mother's custody periods would begin the week of June 13,2004 at 7:00 p.m. Over the summer school vacation, Mother would have six full weeks of custody, and Father would have five weeks. We are also proposing a change in the parties' schedule regarding holidays. On Monday school holidays throughout the school year, Mother may have custody of the child. Christmas will be shared between the parties and will alternate from year to year, so that during odd numbered years, Father will have custody of Tiana from 7:00 p.m. on Christmas Eve until 2:00 p.m. on Christmas Day and Mother will have custody from 2:00 p.m. on Christmas Day until 7:00 p.m. on December 26th. During even numbered years, Mother will have custody from 7:00 p.m. on Christmas Eve until 2:00 p.m. on Christmas Day and Father will have custody from 2:00 p.m. on Christmas Day until 7:00 p.m. on December 26th. All other holidays will be alternated PENNSTATE ., The Dickinson School of Law An Equal Opportunity University .-, , _'_r ,.:-.-0--.,' H, , ... , , ~-<'- -.',' ,"':i.i;'::'-" d_:;;";~ ,. -,--<-'-,' , , ;;., between the parties. In addition, if Mother's Day does not fall on Mother's scheduled weekend, Mother will have custody from 9:00 a.m. until 7:00 p.m. that day. If Father's Day does not fall on Father's scheduled weekend, Father will have custody from 9:00 a.m. until 7:00 p.m. that day. Additional custody may be had at any other times that are mutually agreed upon by the parties. We would also like to make it clear that Ms. Murray is welcome to begin exercising her scheduled Tuesday and Thursday custody periods that she has not been exercising under the current order. Sincerely, ~J~~ Abigail J.W. Salawage ~'d~g:;:_It cc: Anthony E. Seaton, Jr. Jeanne B. Costopoulos, Esq. Anne MacDonald-Fox Supervising Attorney - ,',-'i .-'-' . " IilllfiililiWiilmil to cite additional examples without first giving warning to both parents and the maternal grandmother that if any retribution comes to Tiana, in the form of anger, blaming, or shaming for her responses, it will be a dishoIior'to the intent of this assessment which was agreed to by all parties.) . Tiana was a good informant on her own behalf. She was articulate, open, emotionally attuned and able to describe, her preferences with clarity. She denied being coached by her mother or maternal grandmother. She stated that her mother told her to "tell the truth." She spent a great deal of time describing her caution about how her father may react to her desire to live with her mother. She reported that "on the day of court" her father was upset with her. She descnbed him as "bawling" and telling her that "when she goes to court she has to say that she wants to be with him" She worried that her father and her step mother would be sad and angry about her preferences. Despite that concern, she reported feeling a strong desire to be with her mother. Her reasons were not superficial but rather revolved around her desire to feel emotionally safe, more nurtured and directly cared for, and to have a less chaotic environment where she is able to go outside and play without fear of being banned. She described her father's home as a place where his friends are there (almost daily) "drinking and being loud." She added that she thinks her father smokes and drinks too much and that he gets angry in a way thatis uncomfortable to her. She added that, "because of the weird people" that live in her father's trailer court, she is only allowed to go a certain distance from his trailer for safety reasons. Tiana was a good historian reporting the incidents that led to her transfer to her father's and her desire to return to her mother. She described her maternal grandmother as the person who "raised her." She admitted that, over the years, she rarely lived with her mother and was looking forward to it. She described that prior to moving to her father's, she was with her maternal grandmother and had to go to the babysitter a lot because of her grandmother's work. Tiana believed there would be someone with her at her father's because he doesn't work. She added that this was not always true and that her father does not spend as much time with her as she thought he would. This, and the other reasons listed above led to Tiana' request to live with her mother. Tiana was able to report that she loves both of her parents and has sadness about leaving her father's. She doesn't like having to leave her step siblings and half sibling but does not believe it is a strong enough feeling to remain at her father's. Additionally, she feels good that she will be able to return to her father's on a regular basis and will get to see her siblings. She reported hoping that her father will understand her wishes and not be upset with her. She fears his rejection because of her desire to live with her mother. With regard to friendships and school, Tiana admitted that she would have to switch schools. She denied any concerns about such. SUMMARY: In summary, it is evident from her reporting that Tiana has a deep felt desire to transfer her custody to her mother. Her reasons are well founded in the sense that she is seeking emotional security in the transfer, not more superficial outcomes such as relief from discipline or a kind of structure with father that is uncomfortable for her. She knows what it takes for her to feel loved and secure and she finds those qualities most abundantly at her mothers. 2 ~ -~, >-".",~~ ~ _.",~~-- , '" ',.1 -~^~ ~;>,~_ Finally, the parents do not appear to have the ability to deal with their conflicts and differences regarding Tiana's requests for her living arrangements. In general, it is not best to give children the illusion that they can control their custody. To some extent, this has occurred for 'fiana. Because the parents could not work out their differences, Tiana was placed in the position to "report her preferences." As a result, Tiana is living with anxiety that she will be responsible for her father's unhappiness if she tires to proffer her own dl::sires. This was supported by father's alleged crying and comments to Tiana. As a result of her anxiety, it is imperative that every effort be made for both parents to understand how frightening it is for 'fiana to speak her mind when it appears that she is rejecting one parent for the other. The loyalty bind is profound and needs special attention. It is not Tiana's fault that she must choose one over the other. She is a loving child who wants to please everyone but who also has the courage to try and please herself. She should be affirmed for her willingness to speak up and not bear the brunt of anyone's reactions. Despite the fact that parental reactions are understandable, it is hoped that the adults will find other adults with whom to share their reactions. Deborah 1. Salem, CAC, LPC 12-03-03 3 - ,-. -~" " , ~ - - ,-'"'' ",c', ':!Ii u.. 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"( "" "WF l VERONICA J. MURRAY and ALMA A. MURRAY, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 2000-5225 CIVIL TERM ANTHONY E. SEATON, JR., Defendant : CIVIL ACTION - LAW : DIVORCE PRE-HEARING CUSTODY MEMORANDUM AND NOW, comes the Plaintiff, Veronica Murray, by and through her attorney, Jeanne B. Costopoulos, Esquire, and files the following Pre-Hearing Memorandum as requested by this Honorable Court, prior to the hearing which is currently scheduled on March 1,2004 at 8:45 a.m. before the Honorable Edgar B. Bayley. FACTUAL WITNESS LIST At the time of the hearing, attorney for the Plaintiff Veronica J. Murray intends to call the following witnesses, all who are expected to testify regarding the subject child's complaints about residing Defendant and her strong, heartfelt desire to reside with her mother, Plaintiff Veronica 1. Murray: I. Veronica 1. Murray, Plaintiff - mother of subject child. 2. Alma A. Murray, Plaintiff - materna! grandmother of subject child. 3. Tiana Rae Seaton - the subject minor child (in chambers). EXPERT WITNESS LIST At the time of the hearing, Deb Salem of InterWorks in Harrisburg, Pennsylvania is expected to testify by phone in accordance with her report dated December 3, 2003 and attached hereto as Exhibit A, a copy of which was previously provided to Defendant through counsel. - -~ ~ f' Counsel for Defendant indicated no objection to Ms. Salem being permitted to offer her testimony by phone instead of in person. SUMMARY OF POSITION Plaintiff V eronica J. Murray (hereinafter referred to as "Mother"') originally agreed on a temporary basis to transfer custody of their daughter, Tiana Rae Seaton (hereinafter referred to as "Child"), to Defendant Anthony E. Seaton (hereinafter referred to as "Father") as set forth in the October 10, 2002 Order of Court. At that time, the child indicated a willingness to try living with Father, with the understanding that if the move didn't work out, Father would not force her to remain with him and instead would allow her to return to Mother. Subsequently, the child believed the arrangement was not what she expected and she has since consistently and adamantly insisted that she wants to reside with Mother, where she feels she will be in a safer and more nurturing environment. The child has expressed her to preference to several people, including Mother, Father, and her maternal grandmother, Plaintiff Alma A. Murray. Since Father refused to accept the fact that the child was unhappy living in his home, it was determined at the first of two conciliation conferences leading to the instant hearing that the child should see Deb Salem of InterWorks to obtain an unbiased determination of the child's concerns and desires. The child expressed her desire for a change in custody to Ms. Salem, listing numerous reasons for her preference. Following receipt of Ms. Salem's report by both parties, a second conciliation conference was held at which time Father indicated that despite Ms. Salem's report, he still felt the child was better off with him and, therefore, he refused to transfer custody to Mother. .." 11l!.>l" To date, Father continues to disrespect the child's feelings and has openly expressed to the child his disappointment with her for rejecting him. The child is suffering continued emotional repercussions from Father for her open expression of her concerns about residing with him. The emotional environment in Mother's home is more nurturing than Father's home. The child is aware that a change in custody will result in a transfer to another school district and she is looking forward to changing schools. Furthermore, Father has alienated himself from the child's matemal grandmother, Plaintiff Alma A. Murray, with whom the child shares an extremely close relationship. If custody is transferred to Mother, the child will have a greater opportunity to obtain the strong emotional support offered by her grandmother. In conclusion, Mother's position is that custody of the child should be transferred to her with a liberal partial schedule for Father. RESPECTFULLY SUBMITTED: ~~ Jeanne B. Costopoulos, Esquire 5000 Ritter Road, Suite 202, Box 779 Mechanicsburg, PA 17055 P A Supreme Court ill No. 68735 Telephone: (717) 790-9546 Fax: (717) 790-6019 ATTORNEY VERONICA J. MORRAY Dated: z(i1/0f VERONICA J. MURRAY and ALMA A. MURRAY, Plaintiffs v. ANTHONY E. SEATON, JR., Defendant ^'[ " : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 2000-5225 CIVIL TERM : CIVIL ACTION - LAW : DIVORCE CERTIFICATE OF SERVICE I, Jeanne 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 P A 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: Family Law Clinic The Dale F. Shughart Community Law Center 45 North Pitt Street Carlisle, P A 17013 BY: Dated: -Jr rloy {2 Jeailile B. Costopoulos, Esquire" 5000 Ritter Road, Suite 202, Box 779 Mechanicsburg, PA 17055 P A Supreme Court ill No. 68735 Telephone: (717) 790-9546 Fax: (717) 790-6019 ATTORNEY VERONICA J. MURRAY """ vv IGE - -~ . -rr . ~ - o -Q- UII ~ == ~ ->> Ir~ ~ ~ * It:. .... . 1ft <t II . . ,~ . "--if.,;1 "",-=-" ~ '~""~_ ~ ~ ~~ <~- . INT~RKS 4335A North Front St. Harrisbnrg PA 17110 Tel 717-236-6630 Fax 717-236-6677 Clinical Director < io Debordh L Salem, CAe, LPC. Associates Anthea L Stebbins, LSW Rebecca A Green, LCSW Thomas Toone, MS ~~> DATE: 12-03-03 TO: Jeanne Costopoulis, Esq Lara Mammano, Certified Law Intern FROM: Deborah L. Salem, CAC, LPC RE: Seaton v Murray Minor Child - Tiana Seaton, DOB 09-30-94 a Below, please find my report on the above referenced matter. If you wish to hold a conference call about the report, please confer between you about a date and time and let me know. I am usually able to accommodate a conference call on Tuesdays between lOAM and 2PM Thank you. f!l .". Identifyinf: Information and Procedure: .'- J This assessment was completed upon the agreement of both parents, Anthony Seaton and Veronica Murray as well as the maternal grandmother, Alma Murray. The purpose was to have an objective and neutral professional listen to and represent the emotional needs and custodial wishes of Tiana Seaton, age 9. Despite the fact that the assessment was strictly about Tiana's perceptions, it is noted that all three adults were interviewed for one hour each. This was done at the request of the maternal grandmother who believed that background information was necessary. FINDINGS AND IMPRESSIONS: ~ Generally speaking, Tiana was clear that she wants to transfer her primary custody to her mother. She was able to cite several examples that supported her preference. Most specifically she reported that her mother is more available than her father and that she gets more child oriented attention at her mothers. She focused a lot on her emotional safety and the fact that she has much more of that safety with her mother. Emotional safety is defined as a child's ability to say what they are thinking, feel what they are feeling, and desire what they desire without fear of parental retribution. Tiana clearly sees her mother as more capable of providing that safety than her father. Her best example is that when she asked her mother for a trial of living with her father, her mother allowed it. However, when she asked her father for the same, he wouldn't let her transfer to her mother's and would not listen to her needs. She added that when she asked to live with her father he told her "it should be her decision" but when she asked to live with her mother, he said "no." (Tiana's concerns about her father not approving of her thoughts and feelings were so profound that this evaluator was cautious ,& ,.., I CONSECUTIVE WITH ~ I~ -J/M jJ~ Certi fled: A True Copy Vb MAR 0 1 2004 DEFENDANl tl/!;d /lJ lell- (J1t{ ~R!lrf , JUDGE ~ j(.). V. CLERK INFORMATION rA YES PLEA [ ]NO PLEA f>( GUILTY / COLLOQUY ~ WRITTEN [ ] NOLLO [ ] ORAL J>(COS'fS / FINE (amount).:I ~O D [ ] RESTITUTION [ ] CON'fINUANCE [ ] RULE 1100 WAIVED [ ] CAPIAS TO ISSUE [ '] FORFEIT BAIL PROBATION - COUNTY STATE REVOKE: [] PROBATION [] PAROLE [] IP SERVE BALANCE [ ] MOTOR VEmCLE INVOLVED - [ ] COMM [ ] HAZ [ ] ACT 122 TREATMENT (drug / alcohol) [ ] COMMUNITY SERVICE hr.. ['I] DCP [ 1 SCI not not not not not not more less more less more less than than than than than than DAYS DAYS MOS. MOS. YEARS YEARS 11- I COMPUTED FROM CONCURRENT WITH ~1~~q-f7 CC 17 10/97 , ~.~'""~. ,- '* DOCKET# /7/ I C!. ff 91 DATE 'l-i7' '1<1 DISTRICT ATTY tLJ ~A.Lde DEFENSE ATTY nCi CHARGE OTN #: E 3 f .3 () 3 f- .6- /ffe# 6i; it( t: /IIV' SUMMARY APPEAL [ ] DISTRICT JUSTICE DECISION UPHELD (same) [ ] APPEAL SUCCESSFUL (fuvorable to defendant) [ J APPEAL UNSUCCESSFUL (DJ decision amended) FINE OFF NOL PROS - COSTS TO: [ ] COUNTY [ J DEFENDANT [ ] SENTENCE DEFERRED PRE-SENTENCE REPORT: [ ] COUNTY [] STATE [ ] CONFISCATE [ ] DESmOY [ ] DRUGS [] PARA [ ] MONEY [ ] LICENSE [ ] OTHER [ ] INTERMEDIATE PUNISHMENT mos. [ ] WORK RELEASE (RIP) mos....followed by -',: ,-", ,-..". ~!!~e Court)' JUDGE rs- '? Hi) \ t.. ,.- -- "- ~ .> DEF1lliPANT U:rtP?/;~- ~~y JUDGE t?;? CLERK INFORMATION [ ]NO ~ / PLEA ~ILTY I COLLOQUY VWRlTIEN ./] NOLLO vr60STS I FINE (amount) [] ORAL 5CJi!!: [ ] RESTmITION [ ] CONTINUANCE [ ] RULE IlOO WAIVED [ I CAPIAS TO ISSUE [ I FORFEIT BAIL PROBATION - COUNTY GIup. STATE REVOKE, [] """. [] W SERVE BALANCE . .'. - -. -:;'h- kiP, [ ] MOTOR VEmCLE INVOLVED - [ ] COMM [ ] HAZ [ I ACT 122 lREA1MENT (drug I alcohol) [ ] COMMUNITY SERVICE hrs. [ ] DCP [ ] SCI not not not not nol not more . less more less more less than than than than than than DAYS DAYS MOS. MOS. YEARS YEARS COMPUTED FROM av~~f9 CONCURRENTWITH I ~ CC 17 10/97 -:lMMJ,,<-L ----- 11oJ;,l1- [ I DISTRICT JUSTICE DECISION UPHELD (same) [ I APPEAL SUCCESSFUL (favorable to defendant) [ ] APPEAL UNSUCCESSFUL (OJ decision amended) FINE OFF NOL PROS - COSTS TO: [] COUNTY [ ] DEFENDANT [ ] SENTENCE DEFERRED PRE-SENTENCE REPORT: [ I COUNTY [] STATE [ ] CONFISCATE [ I DESTROY [ ] DRUGS [] PARA [ I MONEY [] LICENSE [ I OTHER [ I INTERMEDIATE PUNISHMENT mos. [ I WORK RELEASE (RIP) mos....followed by CONSECUTIVE WITH fffqf=: fJE~ {; 1999 ENTERED BY JUDGE - .,~ ,. " "'~~'~-- I' I.:...., (") 0 c... N rT'I c:: 0 "Tl 0 1~~ c rT'I (i) . ::J Z rT'I .'..... 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CD C ~ o .., R C .., (") rtro 1;; -.::J < rt ~ ~ t ro :E 0 . :E -. R . -.rt rt :T ,.; ~ :T rT'I -I rT'I ... ~ ~ ~ '\\\ ;;0 \ CD '" V> ~ ~ rt -. rt C ~ (") rt n -. I ,0 I ::J '-, I . '-' I [ I i ~. -. ~--~- .' PENNSYLVANIA COMMISSION ON SENTENCING . GUIUELINE SENTENCE FORM [5th Edition, 6/13197] ",'-. "''*11!2-'_ Commission Form 1D Number 201497 ENHANCEMENT None o Deadly Weapon/Possessed o Deadly WeaponlUsed Weapon: Type: o Vouth/Drug Distribution o SchooUDrU Distribution Ves No OTHE/lINFORMATlON o 0 DrOg Dependent o 0 IP Eligible o 0 Baal Camp Eligible o 0 PSi Completed o 0 D&A Eval. Completed o 0 Sexual~ Viol, Predator ONFINEMENT/INTERMEOIATE PUNISHMENT o Confinement/St!te facility Boot Camp Authorized ilfinemenVCounty Facility Work Reiease Authorized Minimum: J Maximum: / ~ Credit for lime Served: ;;J,). Cf0y ') o Intermediate Punishment RiP Period: Program(s): RS Perio<l: Progmm(s): DRUG DEPENDENT: is IP consistent with clinical recommendatiOl1? DYes RECEIVED Sf? 2 It 1999 L 0-1=0 4-6=2 Other Misd. . 2.3=1 7+ =3 PRIOR RECORO SCORE: If A is B points or greater, and the OGS = 9 or more: Otherwise, if A + B is 6 points or greater: Otherwise, PRS A + B -I- C [maximum 5J: IT] PRS = REVOC PRS = RFE' PRS= 0 '!.~'Li":' ;" "';-.-::'!:'~': c):' ',', ',':-: - ----'i:,< ':\_ ':~_ - ,__:-;_~_, . . 'g~iP~;\i~d~i~ ..,':M1nimum C6n~in.rne~t '. ""'~~:': \-/" _, , ,/,.'::t' , ':", '~w',:': "',~'h~~'> :'~:.',:~~~~~'~~ ~ -,,' ,'--,- .--, ;--,~,,:,..;,,~ ' >)'J ,-:,;--,,:,!,' --~ -, : MaxilnumG9niinelliedt; : bther: ,',--, -c/o':'- PCS 6 6/97' OVes OVes 'LEaK OF COURTS DAIJPHIl\ICOuNIY COPY A-CLERK DNa DNa [mos.] [mos.) [days] [mos.] [mos.] DNa [mos.] (~q;; -: -_:~-\:>- ':, . ','.' ;::';/Hiid$;_)~ . . {fuO$.)c. ';"~<':;,: ' CONFINEMENTIINTERMEOIATE PUNISHMENT o ConfinementlState FaCility' Boot Camp Authorized o ConfinemenVCounty facility Work Release Authorized Minimum: Maximum: Credit for Time Served: o Intermediate Punishment RIP Period: Program(s): RS Period: Program(s): If.DRUG DEPENDENT: is IP consistent with clinical recommendation? REST JIVE SANCTIONS Probation Penod: i () "'- Condition(s): nes [Amt] $ 5 (l o Restitution [Aml.] $ Costs [Am!.] $ o Guilty without further penaity [NFP] GUlOEUNE CONFORMITY CONCURRENT/CONSECUTIVE . 0 Standard ~ This sentence is: PRS = REVOC 0 Aggravated 0 Beiow 0 Concurrent to: PRS = RFEL l 0 Mitigated 0 Above 0 Consecutive to: l'l\S = Write reasons on back of form. 0 TOTALLY CONCURRENT "';.;g~~~~,~~g~.)" ;::::~~!:~~;t~Q~\~~W~~~:f~~~#~~1~~~!k~JV#'P(Atp~09E1~:~ .M.'aximUnic.b""do":';".ot.: . .., . .... . ..(nio.'.s.S ,,,,,..y. ....~~'l;t.:. '''' "W . Other: (ClIos.); ~~ - PENNSYLVANIA COMMISSION ON SENTENCING . GUIDELINE SENTENCE FORM [5th Edition, 6/13/97] Pollee Photo iD Number Felony 25 + DX2= DX3= Fe!. Drugs [>= 50gr.J D D+ Other Felony drugs Felony 35 M1 - Death M!- Weapon M! - Children M1- DUi t~f/II~:'.,i;;, . ~'c,~WfiJ.'F"~,,_,!.._c._,~'1L \, \,.. 0-1=0 Other Misd. .Jl'l,. 2.3=' PRIOR RECORD SCORE: If A is 8 points or greater, and the OGS = 9 or more: OIhetwise,ifA+ Bis6poifltsorgreater: OtllelWlse, PRS A + B + C Imaximum 5): ,e" ,0,' ':';~;~ ,;:,:: ','i-' TYPE OF"iit~p~~lfi~fi;: " ,. o Ne . )~e\~ Non'N.g.A~l\iypi.. '. :,>' :::, '\',:~:",t::_~___;, JUDGE'S'SIGN'A'l'ull;tC'. .. " v,v,-, ','" ,. "',"", "-;c,:'f"-.,''''',':',;', 'C",' \g~~~ot!aI1; pes 6 6/97 !llja~1_ Commission Form 10 Number 201190 Form ~of;t o Hispanic 0 Am. Indian o Asian 0 Other Date of Sentence ENHANCEMEIIT l:?f None o Deadly Weapon/Possessed o Deadly WeaponlUsed Weapon: Type: o Youth/Drug Distribution o SchoollDru Distribution Yes No OTHER INFORMATION o 0 Drug Oependent o 0 IP Eligible O' 0 Boot Camp Eligible o 0 PSi Completed o 0 D&A Eva!. Completed o 0 Sexually Viol. Predator DYes DYes ONo ONo [mos.] [mos.] [days] [mos.] [mos.] DYes ONO [mos.] ___u . _. ~_" ,'--~~- _._~ , '. PENNSYLVANIA COMMISSION ON SENTENCING . :GUiDELINE SENTENCE FORM [5th Edition, 6113/97] iI~' - llilIlmi1ii Commission Form 10 Number 201191 Sex 0 Male Female Race 0 White 0 Black 0 pe.rson.iJPl"Pletlng Form IJ-q.?~. CONFINEMENT/INTERMEDIATE PUNISHMENT o Confinement/State facility Boot Camp Authorized o ConfinemenVCounty facility Work Release Authorized Minimum: Maximum: Credit for Time Served: o Intermediate PuniShment RIP Period: program(s):' RS Period: Program(s): If DRUG DEPENDENT: Is IP consistent with clinical recommendation? . REST0R411VE SANCTIONS robation Period: Condltion(s): Fines [Amt.] $ o Restitution [Am!.] $ osts [Am!.] $ o Guilty without further penalty fNFP] GUIDELINE CONFORMITY CONCURRENT/CONSECUTIVE o Standard ~ This sentence is: o Aggravated 0 Below 0 Concurrent to: o Mitigated 0 Above 0 Consecutive to: Write reasons on back of form. 0 TOTALLV CONCURRENT "PlEAsElliililfAT~irW~1iMtitAf~iiil~Sr~i1;~[~ifi~~JAi!~~ECING: Police Photo ID Number Felony 2s Fel. Drugs 1>= 50gr.] Other Felony drugs Felony 3s MI.- Death M1- Weapon M! - Children Ml- DUI ...Ji2I....II~!i!.i,ll?!!",...~. '1:iJiiIJJi.". .... ...""'.....if.J1l!fiifi1!ri1ij..... '........ ....' '. ,~f~i~tw~~~}J?,~~~ < ,:,"lU Other Misd. _ 0-1=0 2-3=1 D= 4-6=2 7+ =3 PRIOR RECOlO SCORE: If A is 8 pOints or greater, arul the OGS '" 9 Dr more: otherwise, if A + B is 6 points or greater: otherwise, PRS A + B + C [maximum - 5]: PRS = REVOC PRS= RFEL PRS= ;',C ~~~\~ ',!If,: , _':'.' t.! 'i~PL:::;;;)(~,:S;7,{:;!<'. ': :::' D:.~~'~~~~,~fl~:,:::;-.-:~~', :./ . q~J~~r~f ..' c,,.",,,"-" -'.' -,",'",.-.(",..\.,:".,"C_",'f'- TYPE.PF)II~l'e$,rJ~jK J" . '~~:i~J.fi,tYt;jf~{,-'<:';.:'" ~~~'~~.€I~_:9'~ji~tl,~~-' I JUDG!i's;!jitffi;ii,'ftil:\W' ". .- e.' 'i>""";,>,;,,,';},".,", ,J,'" PCS 6 6/97 Form ENHANCEMENT None o Deadly Weapon/Possessed o Deadly Weapon/Used Weapon: Type: o Youth/Drug Distribution o SchooVDru DistJibutlon Ves No OTHER INFORMATION o 0 Drug Dependent o 0 IP Eligible o 0 Boot Camp Blgible o 0 PSI Completed o 0 D&A Eval. Completed o 0 Sexually Viol. Predator (jJ OVes DNa DYes DNa [mos.] [mos.] [days] [mos.] [mos.] OVes DNa [mos.] ,,-,-,', (mos.) -_, ___Imos,) -'(toos.) N - - "0;. DEFENDANT !11)/U{) leA- (flu. ~,eil r:f JUDGE ~ /t). t(). CLERK INFORMATION ~ YES PLEA [ ]NO PLEA J>( GUILTY / COLLOQUY.-A1 WRITTEN [ ] NOLLO [ ] ORAL J>(COSTS / FINE (amount).t :;0 D [ ] RESTITIJTION [ ] CONTINUANCE [ ] RULE 1100 WAIVED [ ] CAPIAS TO ISSUE [ ] FORFEIT BAIL PROBATION - COUNTY STATE REVOKE: [] PROBATION [] PAROLE [] IF SERVE BALANCE [ ] MOTOR VEmCLE INVOLVED - [ ] COMM [ ] HAZ [ ] ACT 122 TREA1MENT (drug / alcohol) [ ] COMMUNITY SERVICE hrs. [il DCP [ 1 SCI not not not not not not more less more less more less than than than than than than DAYS DAYS MOS. MOS. YEARS YEARS I~ 1 COMPUTED FROM CONCURRENT WIlli ~1~:;..q - 9'r CC 17 10/97 " L.. DOCKET#/7// C! IY 11 DATE (l-17.Q<j DISTRICT ArTY tLJ ~A-Jk DEFENSE ATTY ~Ji CHARGE OTN #: E 3 f .3 tJ 3 f - .6- /fk# 61::; it{ -I: /I'N SUMMARY APPEAL [ ) DISTRICT JUSTICE DECISION UPHELD (same) [ ) APPEAL SUCCESSFUL (favorable to defendant) [ ) APPEAL UNSUCCESSFUL (DJ decision amended) FINE OFF NOL PROS - COSTS TO: [ ] COUNTY [ ] DEFENDANT [ ] SENTENCE DEFERRED PRE-SENTENCE REPORT: [ ] COUNTY [] STATE [ ] CONFISCATE [ ] DESTROY [ ] DRUGS [] PARA [ ] MONEY [] LICENSE [ ] OTHER [ ] INTERMEDIATE PUNISHMENT mos. [ ] WORK RELEASE (RIP) mos....foUowed by CONSECUTIVE WIlli ~ I~ -diu fl~ Certified: A True Copy ~ "" ., .. ,MAR 0 1 2004 . , . . . .~J~e Court) JUDGE ',yo - ,~ -. > DEFENDANT ~rt>H/;'~. ~~y JUDGE t?;? CLERK INFORMATION JJM /' PLEA ~ILTY I COLLOQUY ~WRITIEN /] NOLLO vr60STS I FINE (amount) [] ORAL SCJe- [ ] RESTITUTION [ ] CONTINUANCE [ ] RULE lIDO WAIVED [ ] CAPIAS TO ISSUE [ ] FORFEIT BAIL PROBATION - COUNTY ?.hrd. STATE REVOKE: [] PROBA~~..;.] IF SERVEBALANCE ~;;~~h- /dP. [ ] MOTOR VEIDCLE INVOLVED - [ ] COMM [ ] HAZ [ ] ACT 122 TREAlMENT (drug I alcohol) [ ] COMMUNITY SERVICE hrs. [ ] DCP [ ] SCI not not not not not not more . less more less more less than than than than than than DAYS DAYS MOS. I MOS. YEARS YEARS COMPUTED FROM 12~~-f' CONCURRENT WITH T' .,. . ... DOCKET # ;;2~o/ C/J 99 DATE /~~-4?y - DISTRICT ATIY /J, M.p:~ DEFENSEATIY 4f 4~ . CHARG~ 01N#: 1/ /;!..~? 7-'61- j- @ J;;;'~t2n~ WI)-j; - k,/hnc~ SUMMARY APPEAL [ ] DISTRICT JUSTICE DECISION UPHELD (same) [ ] APPEAL SUCCESSFUL (favorable to defendant) ( IAPPEAL UNSUCCESSFUL (DJ <le<;ision amended) FINE OFF NOL PROS - COSTS TO: [ ] COUNTY [ ] DEFENDANT [ J SENTENCE DEFERRED PRE-SENTENCE REPORT: [ ] COUNTY (] STATE [ J CONFISCATE [ ] DESTROY ( ] DRUGS [] PARA [ J MONEY [J LICENSE [ ] OTHER [ ] INTERMEDIATE PUNISHMENT mos. [ ] WORK RELEASE (RIP) mos....followed by CONSECUTIVE WITH I ...- ff~r= DE~ (; 1998 ENTERED BY -:('(y\ M ell <- L ?j V...q)\c.. CC 17 10/97 ------ JUDGE ,~ ;1 JL-.' ~j " ~ I . n n I N N .~ N .~ '."::f1.N Do6! ~ ~30 ~ .31.:1 ~ ~ ~ \ . ~~ . ." '" ." '" ." '" ." '" ." '" ." '" ." U> ." '" ." '" ." '" ." I~ ., CD ., CD ., CD ., CD ., CD ., CD ., CD ., CD ., CD ., CD ., 0 :J 0 :J 0 :J 0 :J 0 :J 0 :J 0 :J 0 :J 0 :J 0 :J 0 :J <T rt <T rt <T rt if rt <T rt <T rt <T rt <T rt <T rt <T rt <T rt . . ~ .~ i n n n n n n n n n n n n n n n n n n n n :1(""') n 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 10 0 :J :J :J :J :J :J :J :J :J :J :J :J :J :J :J :J :J :J :J :J I:J :J '" 0 '" 0 '" 0 '" 0 '" 0 '" 0 '" 0 '" 0 '" 0 '" 0 ~'" 0 CD c CD c CD c CD c CD C CD c CD c CD c CD C CD c :CD c 0 ., 0 ., 0 ., 0 ., 0 ., 0 ., 0 ., 0 ., 0 ., 0 ., rn ., . . , :;: :;: :;: :;: :;: :;: :;: :;: :;: :;: :;: :;: :;: :;: :;: :;: :;: :;: I:;: :;: [,~ :;: .1' , I{J ~ , , i^- i, t I I i I ! ! ! ! , ! ! I I I i , I I I , , , , , I i I I I i ~. ~.. I-."~-' n C '- c:l c: 0 as c I'T1 :J Z I'T1 rt ~ Z -I n :r OJ ., to CD n o '" rt ." :J CD .,,'" ""\ CD o :J <T rt OJ CD rt:J -'0 o CD :J n n o 0 :J :J '" 0 CD c o ., C ""\ ("") rtCD > -.:J Vl < rt ~ CD :;: C :;: -. R -. rt rt :r '" ~ :r ~ ... ;:0 CD '" rt rt C rt ~ ~ o :J '"I~j~fi!9IiIl1r JIiIIlllI' ~ " - ~,' oM :ti PENNSYLVANIA COMMISSION ON SENTENCING . GUlUELINE SENTENCE FORM [5th Edition, 6/13/97] Commission Form 10 Number 201497 " Inchoate to 4 pt off's Arson (Fl/no person) Robbery (otherFl) Robbery _rVehlcle (no SB~ Agg.Assau~ (all. SB~ Burglary (other Fl) Agg. Indecent Assau~ Sexual_u~ OIherFeIOl1Y ls ~NDATDRY ~None o Drugs to Minors (IB-6314) o Drug Trafficking (18-750B) o Visible Firearm (42-9712) '1 0 TwofThree Strikes (42.9714) o Elderly (42-9717) o Children (42-971 B) o DUI (75-3731) (beiow): 1st 3rd 2nd 4th+ ENHANCIMENT None o Deadly Weapon/Possessed o Deadly WeaponlUsed Weapon: Type: o Vouth/Drug Distribution o SchoollDru Distribution Ves No OTHER INFORMATION o 0 Drug Dependent o 0 IP Eligible o 0 Boot Camp Eligible o 0 PSI Completed o 0 D&A Eval. Completed o 0 Sexually Viol. Predator Fel. Drugs [>= 50gr.) D+ D+ m D38- D x3= III CONRNEMENTIINTERMEOIATE PUNISHMENT o ConllnemenVState facility 8001 Camp Authorized nfinemenVCounty facility Work Release Authorized Minimum: } Maximum: / ~ Credit for Time Served: ;;) ,.(. ctCiy ') o Intermediate Punishment RiP Period: Program(s): RS Period: " Prog,am(s): .11 DRUG DEPENDENT: is IP consistent with clinical recommendation? 0 Ves RECEIVED SEI'> 2 2 1999 OVes OVes ONO ONo [mos.] [mos.J [days] [mos.J [mos.] other Felony drugs Felony 35 MI. Death Ml-Weapon Ml - Children Ml-DUI ~~'.t.:;.,.;., L 0.1=0 4-6=2 Other Misd. 2.3=1 7+ =3 PRIOR RECORD SCORE: If A is 8 pOints or greater, al1d the oes = 9 or more: Otherwise, ifA+ Bis6pointsorgreater: Otherwise, PRS A + B + C [maximum - 5J; ONo CD = . RESTORATIVE SANCTIONS o Probation Period: Condttlon(s): ines [Amt) $ . '? () [) o RestiMion [Amt) $ Costs [Am!.] $ o Guilty without furlher penalty [NFP] GUlDELlIIE CONFORMITY o Standard !&OOOO o Aggravated 0 Below o Mitigated 0 Above Write reasons on back of form. [mos.J CLEQK OF COURTS DAUPHIN GOlJN I Y CONClIRRENTICDNSECUTlVE This sentence is: o Concurrent to: o Consecutive to: o TOTALLV CONCURRENT ~~"'i~ COPY A-CLERK illftUi.llllliil!,ltW'"' ~ .- . .'- ~ . PENNSYLVANIA COMMISSION ON SENTENCING . ,GUIDELINE SENTENCE FORM [5th Edition, 6/13/97] Commission Form ID Number 201190 !'Dlice Photo 10 NUlT!ber Fonn ~of~ o Hispanic 0 AlT!. Indian o Asian 0 Other Date of Sentence Murder & inchoates Vol. Manslaughter Rape Kidnapping LD.S.L Arson (F.l/person) RObbery (SBI) Rob. Motor Veh (SBI) Agg. Assauit (SBI) Drug Del. Death Burglary (house/person) Ethnic Intimidation to F1 DATORY None o Drugs to Minors (18-6314) o Drug Trafficking (IB-75D8) o Visible Firearm (42.9712) o TwolThree Strikes (42-9714) o Elderly (42.9717) o Children (42.9718) o DUI(75-3731) (below): 1st 3rt! 2nd 4th+ ENHANCIMENT ~ None D Deadly WeaponlPossessed o Deadly WeaponlUsed Weapon: Type: o Youth/Drug Distribution o SchooVDru Distribution Yes No OTHER INFORMAl/ON o 0 Drug Dependent o 0 IP Eligible o 0 Boot Camp Eligible o 0 PSI Completed o 0 D&A Eval. Completed o 0 Sexually Viol. Predator 0.1=0 4-6=2 2.3=1 7+ =3 CONFINEMENTIINTERMEOlAlE PUNISHMENT o ContinemenUSlate Facility Boot Camp Authonzed D Confinement/County Facility Work Release Authorized Minimum: Maximum: Credit for Time Served: Intermediate Punishment RIP Penod: Pro9ram(s): RS Period: Program(s): DRUG DEPENDENT: is IP consistent with clinical recommendation? EST TIVE SANCTIONS Probation Panod: i (] "'\ Condltion(s): ines [AmI.] $ 5 (l Restitution [Amt.] $ sts [Amt.] $ o Guilty without further penalty [NFP] GUIDELINE CONFORMITY o Slandard D.oarture o Aggravated 0 Below o Mitigated 0 Above Write reasons on back of form, o Yes OYes ONo ONo [mos.] [mos.] [days] [mos.] [mos.] OYes ONo [mos.] PRIOR RECORO SCORE: If A is 8 points or greater, and the OGS = 9 or more: Otherwise, jf A + B is 6 points or greater: Otherwise, PRS A + B + C [maximum 5J: CONCURRENT/CONSECUTIVE This sentence is: D Concurrent to: D Consecutive to: o TOTALLY CONCURRENT PCS 6 6/97 COpy A-CLERK ~llolcfillllllllj~&tiii;Ullliljir "1iIi' . --~'jil.i!;s' . . PENNSYLVANIA COMMISSION ON SENTENCING . GUiDELINE SENTENCE FORM [5th Edition, 6/13/97] Commission Fonn 10 Number 201191 Form Police Photo 10 Number other ENHANCEMENT None o Deadly Weapon/Possessed o Deadly Weapontused Weapon: Type: o Youth/Drug Distribution o School/Oru Distribution Ves No OTHER INFORMATION o 0 Drug Dependent o 0 IP Eligible o 0 Boot Camp Eligible o 0 PSI Completed o 0 O&A Eval. Completed o 0 Sexually Viol. Predator MANOATORV None Drugs to Minors (18-6314) o Drug Trafficking (18-7508) o Visible Firearm (42-9712) o Two/Three strikes (42-9714) o Elderly (42-9717) o Children (42-9718) o OUi (75.3731 )lbeiow): _lst_3rd 2nd 4th+ CONFINEMENTIINTERMEOIATE PUNISHMENT o Confinement/State Facility Boot Camp Authorized DYes o ConfinemenUCounty facility Work Release Authorized 0 Yes Minimum: Maximum: Credit for Time Served: o Intermediate Punishment RIP Period: PfOjJram(s): RS Period: Program(s): If DRUG DEPENDENT: is IP consistent with clinical recommendation? 0 Yes DNa DNa [mos.] [mos.] [days] [mos.] [mos.] DNa ESTOAATlVE SANCTIONS robation Period: Condition(s): Fines [Am!.] $ Restitution [Am!.] $ osts [Amt) $ . 0 Guilty without further penalty [NFP] GUlOELlNE CONFORMITY o Standard Deoarture o Aggravated 0 Below . 0 Mitigated 0 Above Write reasons on back offarm. 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'A:lUIOllU UU JO Uo!s!Al:ldns :llfll:lPun UI:llU{ lull:l'I p:lmj.l:lJ U ':llluM.u/uS "fft" r l!ull!qV JO :louul1l:lddu :llfl OllU:lSUOO Aq:ll:lll 1 zn: pUB In: 'll'V"S'Bd 113:<INIl 3::JNVllV3:ddV llOIl 'IV AOllddV <INY .LN3:SNO:J AGO.LSflJ NI : lUUPU:lJ:lG '""llf 'NO.LVtlS'V ANOH.LNV fft V'I- NOIlJV 'lIAlJ SZZS - 00 "ON: "A AINflOJ CINV'UItllIWflJ : dO SVtI'Id NOWWOJ dO lllilOJ ffill NI : SlJ!lU!llld 'A vmmW"V VW'N puu A vmmw "r VJINO"lltlA _ . ~H - ~ ~ ~ --", ,- ,,~,,-,..---.- ,~ - - -. ..- " ~, ' ..>'---"''' [~ '~-- .J "-:--, "'" ;,,, -', J ,,4i.J .'.' --, 1 ,', . Johnson, Duffie, Stewart & Weidner By: Keirsten W. Davidson LD. No. 78243 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiffs VERONICA J. MURRAY and ALMA A. MURRAY, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000- 5.:1.2.5' CIVIL TERM v. CIVIL ACTION - LAW ANTHONY E. SEATON, JR., IN CUSTODY Defendant COMPLAINT FOR CUSTODY 1. The Plaintiffs are Veronica J. Murray, hereinafter referred to as "MOTHER," who resides at 115 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania 17043; and Alma A. Murray, hereinafter referred to as "MATERNAL GRANDMOTHER," who resides at 115 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania 17043. 2. The Defendant is Anthony E. Seaton, Jr., hereinafter referred to as "FATHER," who resides at 779 Heck Hill, Apt. B, Lewisberry, Pennsylvania 17339. 3. Plaintiffs seek custody of the following child: TIANA RAE SEATON, age five and a half (5Y:.), whose date of birth is September 30,1994. 4. The child was born out of wedlock. 5. The child is presently in the custody of MOTHER and MATERNAL GRANDMOTHER, who reside together at 115 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania 17043. r ~ ~.. . " ", " , ~.,'" "~-,, ,~. --~---~' '-_N_~ - - "' ", .' li(i . , 6. Since birth, the child has resided with the following persons at the following addresses: A. From birth until approximately January of 1996, with MOTHER and FATHER at 12 Charles Street, Lot 7, Highspire, Pennsylvania. B. From approximately January 1996 until February 1996, with MOTHER in Highspire, Pennsylvania, and with FATHER at 12 Charles Street, Lot 7, Highspire, Pennsylvania. C. From approximately February 1996 until December of 1996, with MOTHER at 12 Charles Street, Lot 7, Highspire, Pennsylvania, and with FATHER in Strinestown- Newberry, Pennsylvania. D. From approximately January of 1997 until May 1997, with MOTHER on a primary basis at 12 Charles Street, Lot 7, Highspire, Pennsylvania, and with FATHER on a partial basis in New Cumberland, Pennsylvania. E. From approximately June 1997 through September 1997, with MOTHER in Harrisburg and Highspire, Pennsylvania, and with FATHER in York Haven, Pennsylvania and at 115 Bosler Avenue, Lemoyne, Pennsylvania with MATERNAL GRANDMOTHER. F. From approximately October 1997 through December 1997, with FATHER in York Haven and Manchester, Pennsylvania, and with MOTHER in Highspire, Pennsylvania. G. From approximately January 1998 until March 1998, with FATHER in York Haven, Pennsylvania, and with MOTHER in Harrisburg, Pennsylvania. H. From approximately March 1998 through November 1998, with Tammy Davidson, MOTHER's sister, at 615 N. Third Street, West Fairview, Pennsylvania. ,..,.- W,-' " ~ - - .__,,'. >. , ,_, ._, ,'_ 'C'<'" ,.,- __~ __,. _~ ,- ,~ ' - , j,-,,'!ii',- " , . . I. From GRANDMOTHER at 17043. December 1998 through January 2000, with 115 Bosler Avenue, Lemoyne, Cumberland County, MATERNAL Pennsylvania J, From January 2000 until present, with MATERNAL GRANDMOTHER and MOTHER at 115 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania 17043. 7. The mother of the child is Plaintiff, Veronica J, Murray, She is single. 8. The maternal grandmother of the child is Plaintiff, Alma A, Murray, She is single. 9, The father of the child is Defendant, Anthony E. Seaton, Jr, He is single, 10. The relationship of Plaintiffs to the child are that of natural mother and natural grandmother. Plaintiffs currently reside with the following persons: Each other and the minor child. 11, The relationship of Defendant to the child is that natural father, The Defendant currently resides with the following persons: Jamie Etter - girlfriend and Shaye Etter Seaton - daughter. 12, Plaintiffs have not participated as a party or witness, or in any other capacity, in any other litigation concerning the custody of the child in this or another court. 13. Plaintiffs have no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 14, Plaintiffs do not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child, .i , 15. The best interest and permanent welfare of the child will be served by granting the relief requested because: A, Plaintiff, MATERNAL GRANDMOTHER, has been the child's primary caretaker for the past approximately one and a half (1)1,,) years, ~<" " -. B. Plaintiff, MATERNAL GRANDMOTHER, has been the one and only stable force in the minor child's life since her birth. C. Plaintiff, MATERNAL GRANDMOTHER, is able to provide a stable and loving environment for the child. D. The child has developed a close emotional relationship with Plaintiffs. E. Plaintiffs' work schedule allows them to spend significant amounts of quality time with the child. F. FATHER has been in and out of jail repeatedly during the course of the child's life and has been unable to provide a stable environment for her since birth. G. FATHER fails to keep MOTHER and MATERNAL GRANDMOTHER informed with respect to his whereabouts. 16. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiffs request the Court to grant them primary custody of the minor child, TIANA RAE SEATON, subject to liberal periods of partial custody with the Defendant as the parties can mutually agree. Plaintiffs further request that a custody conciliation be scheduled in the immediate future. Given FATHER's recent move from the area to Lewisberry without any notice to Plaintiffs, Plaintiffs intend to keep the minor child with them until a custody conciliation has been scheduled. FATHER is welcome to visit with the child at Plaintiffs' home any time he would like. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER BY:~\k\~ eirsten W. Davidson : 136563 ~ - "'" - - -- - ,,~_.'''" - y "".<-,,"= - ".~ '-""-,-;' _'~~" ._,~n' ,='c;,..-,,'~ '_C"'!f, -""'='~i'-'- "'. ;,,,,.r .' '''''' ^.' '-'. ' VERIFICA TlON We, Alma A. Murray and Veronica J. Murray, verify that the statements made in the foregoing Complaint for Custody are true and correct to the best of our knowledge, information and belief. We understand that false statements made herein are subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. Dated: C -~ Y - d rJd 6 O.P#jI7/ ~ Alma A. Murray V. '~~ .' ~. Veronica J urray , ''-',<' - .Ii ~ ;.>.w.!; : ~' . ~ - " " ~ -', " '''" . '. /Y 2 (':':) ,~ (::J '-' ? -n ~ \ ,:gr.:'; s."-= ""j 70 ('I ..r: 2: ~,.... --:I] r r:, r-~ .tr , <;'\ ;;-"; ,,~ ,Tl C ()i' 0', . ..'C:J ::E 1:: ~ ~ c:: " I - ~i () C) ~ .).~ -'" ,~,i~: :;~ -. ~j~~: ~ V) V ""0 ~ ~ LO ism -, -,. ~ "l ~ ::< c- .~ :v S:J ... -< -7 nil - - . , -~" --,-.-- i ~> . ", JUlZ'l_ttI M VERONICA J, MURRAY and ALMA A. MURRAY, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-.a;. SJ.;? S'"' CIVIL TERM v. CIVIL ACTION - LAW ANTHONY E. SEATON, JR., IN CUSTODY Defendant ORDER OF COURT You, ANTHONY E.SEATON, JR., Defendant, have been sued in court to obtain custody, partial custody or visitation of the minor child, TIANA RAE SEATON. You are ordered to appear in person at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania on ,2000, at , _.M., for o a conciliation or mediation conference. o a pretrial conference. o a hearing before the court. If you fail to appear as provided by this Order, an Order for custody, partial custody or visitation may be entered against you or the Court may issue a warrant for your arrest. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. FOR THE COURT, By: J. .'" .--..~, 7>h~ ~"" -d~,,- '~i.. : '- VERONICA 1. MURRAY AND ALMA A. MURRAY IN THE COURT OF COMMON PLEAS OF PLAINTIFF V. ANTHONY E. SEATON, JR. DEFENDANT CUMBERLAND COUNTY, PENNSYL VANIA 00-5225 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 3rd day of August ,2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Melissa F. Greevy, Esq. , the conciliator, at 214 Senate Avenue, Suite 105, Camp Hill, FA 17011 on the 28th day of Aultust ,2000, at 11:00 a.m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to defme and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: Isl Melissa P. Greev Es Custody Conciliator The Court ofCo~on,Pleas of Cumberland COl!flty is reqwred by law to comply with the Americans With Disabilites Act of 1990. FOT information about accessible facilities and reasonable accommodations ava,iIable to disabled individuals having business before the court, please contact our office. All arrangements .' mustoe made at least?2 hours prior to any hearing or business before the court. You must attend the 'scheduled conferenc,e or. hearing.' YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ';;" ^ _ ,.~""-,,.d.'._~.~'_=~~.,=~,"-,.'" Ka.dl ..~~....... "il!' "--~I&li&!liilllll!idj ~i1~1 '"~'-~,;"1 - -ri:!i""",""""""",,,,~:,,,,,,,,,,",,.,,,,,~ " iIIliIIIJAiIlIIll illll/I" -....... - -' ; .. ". 1tJ ~ /..m~ ~tfj C'Y/-p~d /...dOU - ~fJ.,/J --iiJ3CL C?t- ;n;1-e:~/jO("y _ OOfH/; ~/(')~Q i.rw Of' ~n-.::w ~d07> ft'3V -w!I-r/J \tIN\fAlASNN3d AlNnm GW1H38t^JXl 68 :f; Wd 1- f:)n~ 00 'UW10N'u~';.ili',:,:,'1 :J'~I' .In I\UV. ; ; _....\..',.j,." .J' ';_ :1"", 301:l:lC....03ll:l . ""--,",-,',_ ,~~,< ~,~,'" _,~o,~_~,_,~ ,_,~ "_,,_ _~,,,,,-,",,-,,.-",~,~,~ ~ '" _. ,~,---, -,"~' ,,~_.. _^" . -,- !if ~,O; I fA:l.HJillillMhki -- .... .... ~ 2 2003 \? VERONICA J. MURRAY and, ALMA A. MURRAY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW ANTHONY A. SEATON, JR., Defendant : NO. 2000-5225 CIVIL TERM : IN CUSTODY ORDER OF COURT AND NOW, this J3f'tI day of ~ ,2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is sch~led in Court ij.oom No. (;(, of the Cumberland County Court House, on the Q -- day of .....b~ , 2004, at !J '1.5" o'clock, -1-. M., at which time testimony will be taken. For purposes of this Hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Order of Court dated OctobeT 10, 2002 shall remain in full force and effect. 1. cc: Jeanne B. Costopoulos, Esquire, counsel for Mother ] Laura Mammana, certified legal intern, counsel for Father /1, ~ - 63 Anne MacDonald-Fox, Esquire, Family Law Clinic C . . ~ 7~ Jk < . .""., ~ "liilll'~if-M"""'~~I!~-"" .>-- S; , ~<" ",0 ?,!-, 0<. --0 h---..:: '~,.J... 2;f;j LDO: ;:::::!W lC;:z:: ;-;. /&; '-' < <'") ~\J (.;) /"tJ Cj i;:] "-'> "" -- .~ - >- /<..... ~ -. - :r:: l~ ::;:-.--- ",.1.-;:_._ ::>2] -. : 'I-;~' i"().'l-' ~1'- G -~. 1- ~.",,",,-,,-, ~~"'-'-"<jlMi s.~,! --, -~--- ~, -~jllff""" .,." 'lit- ~ ,llIliiIIiP'....",;.... ;;-~ .... - ...., "I ~ ~ -, - ,~~ ~.~ ';"~~'!f~!fE! ~,' '...:,.. DEe 2 2 2003 VERONICA J. MURRAY and, ALMA A. MURRAY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW ANTHONY A. SEATON, JR., Defendant : NO. 2000-5225 CIVIL TERM : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, J. 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Tiana Rae Seaton September 30, 1994 Father 2. A Conciliation Conference was held December 18, 2003 with the following individuals in attendance: The Mother, Veronica Murray, with her counsel, Jeanne B. Costopoulos, Esquire, and the Father, Anthony A. Seaton, Jr. with his counsel Laura Mammana, certified legal intern and Anne MacDonald-Fox, Esquire, Family Law Clinic. 3. The Honorable Edgar B. Bayley entered Orders of Court dated October 10, 2002 and September 8, 2003 providing for shared legal custody, Father having primary physical custody, with Mother having periods of partial physical custody on alternating weekends and every Tuesday and Thursday evening. In October, Mother filed for a modification requesting primary physical custody be transferred to her. At that time, she maintained that the Child, age 9, had indicated a preference to live with Mother. The parties agreed in October for the Child to have a psychological evaluation. The Child completed the psychological evaluation with Deborah Salem, CAC, LPC. The psychological indicated that the Child did indicate a preference to the psychologist. 4. Mother's position on custody is as follows: Mother is seeking shared legal and primary physical custody ofthe Child. She maintains that the Child has indicated a ml\lWt:" . - ......... preference to live with her. The Child apparently complains that Father smokes and drinks and is frequently angry. Mother has appropriate living arrangements for the Child. Mother has custody of her other two children. 5. Father's position on custody is as follows: Father believes that the status quo should continue with him having primary physical custody. He suggest that the Child is emotionally stable and doing well academically and behaviorally in school. He maintains that a transfer of custody would empower the Child to control the situation. Mother has not exercised her visitation during the week for one year. There is no open case with Children & Youth. Father suggests that Mother does not have adequate housing for the Child. Father remodeled his trailer to accommodate the Child. A change in primary physical custody would necessitate a change of schools which would be disruptive to her. Father has had primary physical custody of the Child since October, 2002 and Father asserts that Mother has never had primary physical custody of the Child. Lastly Father does not work, he is on disability and is home at all times for the Child 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and continuing the status quo. It is expected that the Hearing will require one day. Jacqueline M. Verney, Esquire Custody Conciliator Date " ,~ - . ~ ,"-,-,_ \,. '~O' __'':<-. ". ';""-""'>'." ',- -;'i.~""%" .,,;c- "", "'"-'-~,,~,~'''~: -'-l'i: ;. ~':> Johnson, Duffie, Stewart & Weidner By: Keirsten W. Davidson J.D. No. 78243 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiffs VERONICA J. MURRAY and ALMA A. MURRAY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 2000-5225 CIVIL TERM v. CIVIL ACTION - LAW ANTHONY E. SEATON, JR., IN CUSTODY Defendant CERTIFICA TE OF SERVICE I hereby certify that on the 31st day of July, 2000, that I served a true and correct copy of the Complaint for Custody upon the Defendant, Anthony E. Seaton, Jr., by certified mail, restricted delivery, to his mailing address at 779 Heck Hill, Apt. B, Lewisberry, Pennsylvania 17339, return receipt requested, attached hereto and made a part hereof. JOHNSON, DUFFIE, STEWART & WEIDNER Date: August 10, 2000 By: ~~ (. )Ji""l Keirsten W. Davidson :136563-7 ,,~ ,0' "",,',- .'," '" ~"" ~ "" CO '-~ ~" '" " ,~ "~ " ; . ..r- -' J r -~_ Z 20,0 146 589 ' - Certified Fee Special Delivery Fee ~ 7 ~(J , l;'/17-/ 'll '0 iij ~ .. !\ 41\ 5',.j I also Wish-tiJ-;f~e{v~-the-fo"bW- ing services (for- an eXtra fee): [J Comph;tte items 1 andlor 2 for aqditional selVices. Comple1e:it.ems-3, 4a, and 4b. o P_rint:your:name and. addrl!ss on 1M reverse of this form so that we can return this , carditO"y6u. CL~ttactl this fonn to the front of the mailpiece, or on the i:lacldfspjiC8 does not . p,ennit. ". , C W{ite "Return Receipt Requastsd" 6n the tnailpi~ce below_the article number. s:: CI The Retum Receipt will show to whom the article was delivered and the date o delivered. "0 3. Article Addressed to: I AJI-I:[6J/(J- E. &{tto~ 1L " ~Ab. IJ / I 119 Htdc HI! L LEwi s {XU lit 5. ,. D Addressee's Address 2. ~ Restricted Delivery 48. zc:tO'Ober / </ /; 51"7 4b. Setvice Type o Registered o Express Mail o Return Receipt for Merchandise 7. Date of Delivery }t"certified o Insured DeaD B. Addressee's Address (Only If requ fee Is paid) il: .i ,-Ul , i OJ ~~ 't!i ai " ~ .. Ul ,a , ;; " I! c ~ j <II c 'iii " ~ of " o ,.. ... c .. fE ~'JiIWdi\~~'~ -";""o!l.<'i\i<~_~~f;;j"~~;"'~"~'.!iiiJiIl~~1i!t niil - WiI'W~" ~,-I " '~ _i~ ~. t , " () 0 0 C 0 -n ;;;;: ~ .-4 . "Um ~ :T:- mrn G) ;nf,Q 2::TJ 2~ -or,l en .~ c.n "DO -<.<.. .".:J i ~C) ~,_-J,C) "'" ~r::H :l>C' - \..);:::;~ -'- 20 -,,7"'J Pc 'P. Gin --I ~ :::> '5; \D -< , ~"- -"~ "-,- , FES 2 0 2004 ~. VERONICA J. MURRAY and ALMA A. MURRAY, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY v. : NO. 00 - 5225 CIVIL ACTION - LAW ANTHONY A. SEATON, JR., Defendant : IN CUSTODY PRE-HEARING CUSTODY MEMORANDUM OF DEFENDANT. ANTHONY E. SEATON. JR. Introduction Defendant, Anthony E. Seaton, Jr., by his attorneys, the Family Law Clinic, hereby submits the following Pre-Hearing Memorandum. The Plaintiffs are Veronica J. Murray (hereinafter "Mother") and Alma A. Murray (hereinafter "Maternal Grandmother"). The Defendant is Anthony A. Seaton, Jr. (hereinafter "Father"). The parties are the natural parents and maternal grandmother of the minor child, Tiana Rae Seaton, born September 30, 1994. History of the Case Father has been the child's primary caretaker for more than five ofthe child's nine years of life. Mother and Father were never married. They lived together for approximately four months after the child's birth. Father and the child then moved to live with friends for approximately one year. In 1996, Father and the child began residing with Maternal Grandmother, where they lived until September 26,1997. At that time, Father moved out of the home due to pending criminal charges and the child remained with Maternal Grandmother. During this time, Mother was not consistently involved in the child's life. On October 7, 1997, Father was incarcerated, but he made arrangements for the child to live with his former girlfriend, Jamie Etter, and with Mother's sister. >- . ~ "",,L~ -> ~. ~ ,ikl~ Upon his release on February 1999, Father, Ms. Etter and the child began living together. Father and Ms. Etter began to have relationship problems, and in July of 1999, Father allowed the child to move in with Maternal Grandmother. In November of 1999, Father was incarcerated for a parole violation, during which time the child remained with Maternal Grandmother. Father believes that Mother was also incarcerated during that time. When Father was released five months later, he resumed seeing the child regularly, but allowed her to remain with Maternal Grandmother during the week so that the child could remain in the same school district. Both Mother and Father have had criminal convictions. In 1997, Father was convicted of aggravated assault, simple assault and resisting arrest. In 1999, Mother was convicted of prostitution, tampering with evidence, possession of drug paraphernalia, and driving under the influence. In June 2000, Mother and Maternal Grandmother filed a complaint for custody, and on September 8, 2000, a custody order was entered. The parties were given shared legal custody and shared physical custody, with Father's periods of custody consisting of Tuesday and Thursday evenings from 4:00 p.m. until 7:30 p.m., and three offourweekends in a calendar month from Friday after school until Sunday at 7:30 p.m. At this time, Mother was living with Maternal Grandmother. The parties followed this order until the summer of2002, when the child began expressing wishes to remain with Father, and Father allowed her to remain at his home. Mother and Maternal Grandmother filed a Petition for Contempt in August 2002. A conciliation conference was held on October 8, 2002. At this time, the parties agreed that Father would have primary physical custody of the child. An order was entered on October 10,2002, granting Father primary physical custody ~- .~~ ~ ~ ~, -~~. " ~ ~- " "U" and Mother periods of partial custody consisting of alternating weekends from Friday after school until Sunday at 7:30 p.m. and every Tuesday and Thursday evening from 4:00 p.m. to 7:30 p.m.. On June 27,2003, Father arrived to pick up the child at the end of Mother' s weekend custody period. Mother and Maternal Grandmother refused to relinquish custody of the child. Father called the police, who enforced the October 19,2002 custody order and returned the child to Father. On July 7, 2003, Mother filed a Petition to Modify Custody Order, requesting that she be given primary physical custody of the child. A conciliation conference was held on September 3, 2003, after which the September 8, 2003 order was entered directing the parties to obtain a psychological evaluation for the child. Psychologist Deborah Saleem was retained by Mother and Maternal Grandmother to complete the evaluation. However, Ms. Saleem produced an assessment of the child's preference,. instead of a comprehensive psychological evaluation of the child. Upon completion of her report, a second conciliation conference was held on December 18,2003, and an order was entered on December 23, 2003 scheduling this hearing. A further order was entered on January 21, 2004 . continuing this hearing at Father's request. Since October 19,2002, Father has exercised primary physical custody of the child. Father and the child currently live in a three bedroom home with his girlfriend, Robin Piatt, her seven-year- old daughter, Chantel Piatt, and, on alternating weeks, Father's six-year-old daughter, Shey Seaton. Mother has exercised partial custody on her scheduled alternating weekends, but has not exercised any of her periods of partial custody on Tuesdays and Thursdays except for one Thursday in December of2003 when she took the child to meet with the psychological evaluator. The child has never lived with Mother alone full time: when Mother had primary custody of the child pursuant to the September 2000 custody order, the child lived at Maternal Grandmother's home. '0 .--, -u:~ Issue before the Court Whether it is in the best interest of the child to remove the child from the custody of her father, with whom she has been living since October of2002, when the child is doing well in school, is in good health with her father, and the child has never lived full-time with her mother. Position of the Father Defendant Anthony Seaton contends that it would be in the child's best interest for him to retain primary physical custody of the child. Fatherreceives disability income and is able to be home with the child after school, help her with homework, join in activities at school, and provide support and encouragement. Father believes that Mother is employed full-time and that she would leave the child in the care of a babysitter while she works. Mother is not involved in school activities and does not attend school functions, except for the occasional school play. She also does not attend parent teacher conferences, even though Father informs her of them. The Pennsylvania Courts have recognized the importance of continued care by the same parent and have held that the "continued residence of children with one parent is a factor which may, in certain cases, be controlling." Stolarick v. Novak. 401 Pa.Super. 171, 177,584 A.2d 1034, 1037 (1991), citing Commonwealth ex reI. Cutler v. Cutler, 246 Pa.Super. 82, 369 A.2d 821, 824 (1977). Father has been the primary caretaker of the child continuously since August 25,2002. Before that, he was the child's primary caretaker for most of her life. Even when Mother had primary physical custody of the child, Mother was living with Maternal Grandmother who was the child's primary caretaker during that time. In addition, Mother does not exercise all of her scheduled periods of custody under the current custody order. With one exception, Mother has not executed her weekday custody periods since the order establishing them was entered in October 2002. ,_. .~ " .'.-"" The child is doing well in Father's care. She is improving in school and has made many friends. Father has hired a tutor to help her improve her mathematical skills. She is looking forward to attending school with her cousin next year when she goes to the middle school. Her health has steadily improved, and her asthma has been well controlled when she is properly given her medications. If primary custody were to be transferred, the child would have to change school districts. In addition, when Mother has the child on alternating weekends, she often neglects to give the child her evening medication, which results in the child having difficulties with her asthma. Father believes that Mother and Mother's live-in boyfriend smoke cigarettes in the presence of the child, which further aggravates the child's condition. The child has established close relationships with Father's girlfriend, Robin Piatt, Ms. Piatt's daughter, Chantel, and the child's half-sister, Father's younger daughter, Shey. She considers Ms. Piatt and Chantel to be her step-family. She spends a great deal of time playing with her "sisters" and they have formed a close-knit family that enjoys doing things together, including watching movies, bowling, playing outside and spending surnrnervacations picnicking and fishing at property owned by Father and Ms. Piatt. Father believes that the child's desire to reside with Mother sterns from the fact that there are fewer rules and responsibilities at Mother's home. Father believes that the child is allowed to run the streets with Mother's boyfriend's children without any adult supervision during Mother's periods of partial custody. The Pennsylvania Supreme Court has said that in assessing the weight to be accorded a child's preference, the preference "must be based on good reasons, and the child's maturity and intelligence must be considered." McMillen v. McMillen, 529 Pa. 198, 203, 602 A.2d 845,847 (1992). Father is concerned that allowing a nine-year-old child to control her parents and choose where she wants to live is not in her best interests. As Deborah 1. Saleem, CAC, LPC, - I _,_ . 1-(' author of the custody assessment dated December 3, 2003, said in her report, "it is not best to give children the illusion that they can control their custody." Father will continue to encourage a relationship between Mother and the child as he has done in the past. Fatheris flexible when making custody arrangements with Mother, and often allows the child to remain at Mother's home when there is a Monday school holiday following Mother's weekend partial custody. Witnesses to be Called at the hearing and Summary of their Anticinated Testimonv 1. Anthonv A. Seaton. Jr.. Father. Mr. Seaton will testifY that it is the child's best interest to remain with him and that he has been the primary caretaker ofthe child for most of the child's life. He will address his parenting experience and methods in comparison with those of Mother. 2. Robin Piatt. Father's Girlfriend. Ms. Piatt will testifY to Father's parenting methods and interaction with the child, along with her relationship with the child. She will also testifY to the child's physical condition when returning from periods of custody with Mother. 3, Lynne Davis. Paternal Grandmother. Ms. Davis will testifY about Father's parenting methods and interaction with the child. Date: February 20, 2004 ~J)~J G,,~zr Abigail .W. S awage C","fi,' '""'" Int= 6 ?k&.ftt.e-&II;f- r/~ TO. PACE ROBERT E. RAINS ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 717/243-2968 ^,-,' . ~ -.-~~". "'"", , " VERONICA J. MURRAY and ALMA A. MURRAY, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY v. : NO. 00 - 5225 CIVIL ACTION - LAW ANTHONY A. SEATON, JR., Defendant : IN CUSTODY CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of Defendant's Pre-Hearing Memorandum is being served this date via regular mail and facsimile transmission on Plaintiffs Attorney, Jeanne B. Costopoulos, Esq., The Executive Offices at Rossmoyne, 5000 Ritter Road, Suite 202, P.O. Box 779, Mechariicsburg, P A 17055. Date: February 20, 2004 ~~~,{L Abigail J. . Sage <u !~" ~, w JI;an"'" ~" ,,- ,:o~, -~ - .. . , VERONICA J. MURRAY AND ALMA A. MURRAY IN TIIE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNIY, PENNSYL VANIA V. 00-5225 CML ACTION LAW AN1HONY A. SEATON, JR. DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, September 06, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their Tespective counsel appear before Jacqueline M. Veruey, Esq. , the conciliator, at 4th Floor, Cumberlaud Couuty Courthouse, Carlisle on Friday, September 20,2002 at 1:30 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 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 honrs prior to scheduled hearin2. FOR THE COURT, By: Isl ),<1 Jacqueline M. Verney, Esq. J' Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VB 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ,,:;~' " . ~ -. '1II~4\1~jj~~ ~'-:"~'"'';-'''-~:~!lj:-'~~''''''';'''o;:t. o_.~', ,~- ~ illiilh,- '~~fr~~rt;J !~'~ --#P?~~~ ~r~r:.v~.pp I ~~V~'))'81\1i\J3d AlNn,_,,) r Ii',I\I"l~J::;c;'M0"', - "_'_-J ~ ~, h,) 9Z :01 118 0 I dJS 20 ),8\..1/(.["". 'n j \UI-L.::- ;--~':"i' ~.:: ',' :;}.", "'1" ". '~.., "I -" :;vl:J:lO-o:lil"" ~" It;i" d . ~.~~ <:, " ' , . It ("0 rJ/6 . ("'0. (//-0 erJ. rJ/ tl ;NI~~ . .~,,-,,,, . . ,.-, i<j' ~. .., SEP 0 4 2002 VERONICA J. MURRAY and ALMA A MURRAY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 00-5225 Civil Term v. CIVIL ACTION - LAW ANTHONY A. SEATON, JR., IN CUSTODY Defendant INTERIM ORDER OF COURT AND NOW, this _ day of 2002, upon consideration of the attached Petition for Contempt, the Respondent/Defendant, Anthony A. Seaton, Jr., is ordered and directed to return the minor child, Tiana Rae Seaton, to the care, control. and custody of the Petitioner, Veronica J. Murray, until further Order of Court. BY THE COURT: J. :162186.1 '''"'il "' ~ < ~ > , , . "~ -, ilI..it,'c f .... OCT 0 8 2002 VERONICA J. MURRAY and ALMA A. MURRAY, Plaintiffs V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000-5225 CIVIL TERM ANTHONY A. SEATON, JR., Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this lO day of C?dJJ.-. ,2002, upon consideration ofthe attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated September 5, 2000 is hereby vacated, 2. The Petition for Contempt filed September 4, 2002 is hereby withdrawn. 3. The Mother, Veronica J. Murray and the Father, Anthony A. Seaton, Jr., shall have shared legal custody of Tiana Rae Seaton, born September 30, 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 Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of this paragraph, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records, To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. They shall also, in a timely fashion, share information with each other regarding the Child's extracurricular activities, school schedule, homework, and parent-teacher conferences, 4. Father shall have primary physical custody of the Child. 5. Mother shall have periods of partial physical custody as follows: A. Alternating weekends beginning October 11, 2002 from Friday after school to Sunday at 7:30 p.m. B. Every Tuesday and Thursday evenings from 4:00 p.m, to 7:30 p.m, C Such other times as the parties agree. ,,,,,~~,"", .."~ - "' " ,=~'~ "l1iii;k:" .~, , 6. Christmas shall be divided into two Blocks. Block A shall run from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall run from Christmas Day at 12:00 noon to December 27 at 8:00 p.m. Mother shall have Block A in even numbered years and Block B in odd numbered years. Father shall have Block A in odd numbered years and Block B in even numbered years. 7. Father shall have custody ofthe Child on Thanksgiving and Easter. Mother shall have custody of the Child on Mother's Day; Father shall have custody of the Child on Father's Day. All other holidays shall be as agreed by the parties. 8. Transportation shall be shared by the parties such that the receiving party shall be responsible for transportation. 9. The Child's maternal grandfather, Ronald Murray, shall not have overnight visitation with the Child. 10. This Order is entered pursuant to the agreement of the parties at a Custody Conciliation Conference. The parties may modify the terms of this Order by mutual consent. In the absence of mutual consent, the terms ofthis Order shall control. 1. cc: Jennifer Heverly, certified legal intern, for Father Lucy Johnston-Walsh, Esquire, Family Law Clinic Veronica 1. Murray, pro se 98 Front Street West Fairview, PA 17025 ~ ~ /O_/o.6:J- 7L i&,;,~~'hl'llil"ffij,;;",j&i~.w.;j.l;!"~,,",'1~~'_~lihifi'ni<\~~ti.fi.ilf:t:l-'>!ll'liiIWlri. -< 1>'~.!iitRli '~"". .....j11jjp. \f!/Ii'i""0' AINnnrll'I_~"'\}I\ltV:JrI '1\.-'l,j 1 '!'f:,.r1' ..;:J" " ' "".i<r';:'~'fl"" :-""H J ,.." ~ ~ :Uf U;.;, ., i', ~ I'~' . .J i liu" "1"1 V' (;;) ;\I:JI.nn:..., . 'U..I....iVi..,Ji-.:'_ . 3J{;~:,<~c~-',~]~~~; _. I,., ~"--' -. ~ "~ '~lilIIigil ..- '\ ." '-_.~' -._~ ~ ~ ._J' ,', """" -' f . VERONICA J. MQRRA Y and ALMA A. MURRAY Plaintiffs V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLV ANIA : 2000-5225 CIVIL TERM ANTHONY A. SEATON, JR., Defendant : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, J. 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Tiana Rae Seaton September 30, 1994 Father 2. A Conciliation Conference was held in this matter on October 8, 2002. The Mother, Veronica 1. Murray, appeared pro se. Father, Anthony A. Seaton, Jr., appeared with Jennifer Heverly, certified legal intern of the Family Law Clinic and Lucy J ohnston- Walsh, Esquire. Mother had filed a Petition for Contempt, but withdrew it at the conference. 3. A prior Order of Court, dated September 5, 2000, was entered by the Honorable Edgar B. Bayley, granting shared legal custody and shared physical custody of the child. 4. The parties agreed to the entry of the Order attached. /()- r '07- Date ~~.b acq line M. Verney, Esquire Custody Conciliator "Ji'" . . l;i '",'- , , ,.'.. r,#o, . r . SEP 0 1 2000fl r VERONICA J. MURRAY and ALMA A. MURRAY, Plaintiffs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No. 00-5225 Civil Action - Law ANTHONY A. SEATON, JR. Defendant. IN CUSTODY ORDER OF COURT AND NOW, this ~ day of ~~ ' 2000, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties shall have shared legal custody of the minor child, Tiana Rae Seaton, born September 30,1994. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of this paragraph, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. They shall also, in a timely fashion, share information with each other regarding the Child's extracurricular activities, school schedule, homework, and parent-teacher conferences, 2, Physical Custody. The parties shall share physical custody of their Daughter according to the following schedule: A. Father shall be entitled to custody three of four weekends in a calender month from Friday after school until Sunday at 7:30 p.m. It is expected that the parties shall be cooperative in choosing which weekends shall be Father's custodial weekend, ^."nllr - ~- ~ \ '".'l r c No. 00-5225 subject to reasonable notice to each other. B. Father shall be entitled to custody on Tuesday and Thursday evenings from 4:00 p.m until 7:30 p.m. In the event that Father's work schedule is such that he cannot be present for his mid-week custody, Mother shall cooperate to allow a compensatory evening with the goal in mind of allowing the child frequent and continuing contact with both parents. C. At all other times the child shall be with Mother, subject to the holiday schedule in paragraph D. D. Holidays. Christmas shall be divided into two segments, Segment A and Segment B. Segment A shall be from December 24 at Noon until December 25 at Noon. Segment B shall be from December 25 at Noon until 8:00 p.m. December 27 at 8:00 p.m. In even numbered years Father shall have Segment A and Mother shall have Segment B. In odd numbered years Mother shall have Segment A and Father shall have Segment B. The holidays of : Labor Day, Thanksgiving, New Year's Eve and New Year's Day, Easter, Memorial Day and July 4 shall be alternated as agreed upon by the parties. Father shall have July 4, 2001. 3. Transportation. Until such time as Father is able to obtain his Drivers' License again, Mother shall provide all transportation. After Father has a valid Drivers' License, he shall provide transportation at the beginning of his custodial periods. 4. Respectful interactions. Each of the parties and any third parties in the presence of the child and the party shall take all measures deemed advisable to foster a feeling of affection between the child and the other party. Neither party shall do anything wich may estrange the other party or injure the child's opinion of the parent or which may hamper the free and natural development of the child's love and respect for the other parent. 5. Intoxicating substances. During any period of custody the parties to this . order shall not possess or use any controlled substance, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the j"~ , \ 1- J .-'1' , _ _. i .~ - ._. " IV No. 00-5225 extent possible, that other household members and/or house guests comply with this prohibition. 6. This order is temporary in nature. The parties shall follow the schedule set forth herein for a period of at least 60 days. In the event either party believes the custody arrangements are not serving the best interest of the child, counsel for either party or a party, pro se, may contact the Conciliator within 30 days of the expiration of the 60 day period to schedule an additional Custody Conciliation Conference. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the terms of this order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: BY THE COU. RT'-ltl . )/?/ V<<: 4,(7' J. ~ C~-u,oo V- ~?; Keirsten W.Davidson, Esquire, Counsel for Plaintiffs Anthony E. Seaton, Jr. Defendant -"",,-<- .><" ~~'ib!iiili:!iliI-tl\1iI.)~~!M~~%lM'MJf!ii;'~ '" \.n"""~'r""rJ-cl v Ii\; \~', \ i,., ,,', '-f < ., '" ,~,' 'u A1NnO~-~1 (.:I'.~;~r1~<-iS'1~A~nr; , . ,',,'1\ ''-' !G .r' 'd WI 'I. :; .~. dJS 00 AH'il{::< ____ ,~ , "~,, " ,'" :~-.-. '. _,"c" " " _.~c ""- IIII11i1 \i;l I , , . ~~ ~~~-'...~ -"~~ ,," ' lU,^",__ SEP 0 1 2000 rI ,~. VERONICA J. MURRAY and ALMA A. MURRAY, Plaintiffs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-5225 Civil Term v. ANTHONY E. SEATON, JR. Defendant. IN CUSTODY CUSTODY CONCiliATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNT RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Tiana Rae Seaton September 30, 1994 Mother and Maternal Grandmother 1. A Conciliation Conference was held on August 28, 2000 with the following individuals present: Father, Anthony E. Seaton, Pro Se ; Mother, Veronica J. Murray, Maternal Grandmother Alma A. Murray and their counsel, Keirsten W. Davidson, Esquire. 2. The parties agreed to the entry of an Order in the form as attached. ~ Melissa Peel Greevy, Esquire Custody Conciliator ~ " .- .~ . , -''iJ~jL i VERONICA J. MURRAY and ALMAA. MURRAY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 00-5225 Civil Term v. CIVIL ACTION - LAW ANTHONY A. SEATON, JR., IN CUSTODY Defendant ORDER OF COURT You, Anthony A. Seaton, Jr., Defendant, have been sued in court to obtain custody, partial custody or visitation of the minor child: Tiana Rae Seaton. You are ordered to appear in person at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania on ,2002, at ,_.M., for o a conciliation or mediation conference. o a pretrial conference. o a hearing before the court. If you fail to appear as provided by this Order, an Order for custody, partial custody or visitation may be entered against you or the Court may issue a warrant for your arrest. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. FOR THE COURT, By: :162186.2 J. '~" '-'''T -"j' ~~, -" '";~ ~-!1L. Johnson, Duffle, Stewart & Weidner By: Mark C. Duffie 1.0. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717)761-4540 Attorneys for Plaintiffs VERONICA J. MURRAY and ALMAA. MURRAY. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 00-5225 Civil Term v. CIVIL ACTION - LAW IN CUSTODY ANTHONY A. SEATON, JR., Defendant PETITION FOR CONTEMPT AND NOW, this 30th day of August 2002, comes the Plaintiff, Veronica J. Murray, by and through her attorneys, Johnson, Duffie, Stewart & Weidner, and files this Petition for Contempt, and in support thereof avers as follows: 1. Petitioner/Plaintiff, Veronica J. Murray, is an adult individual currently residing at 98 Front Street, West Fairview, Cumberland County, Pennsylvania 17025. 2. Respondent/Defendant, Anthony A. Seaton, Jr., is an adult individual currently residing at 5145 Susquehanna Trail, Lot #70, Donna Street, York, York County, Pennsylvania 17402. 3. The Petitioner, Veronica J. Murray, and the Respondent, Anthony A. Seaton, Jr., are the natural parents of a minor child, Tiana Rae Seaton, whose date of birth is September 30, 1994. 4. On or about June 26, 2000, Petitioner and her mother, Alma A. Murray, filed a Complaint in Custody to the docket number captioned above. - . ,", '.- , ..", ~ ~. I~,,- 5. Following a custody conciliation conference held on August 28, 2000, an Order of Court was entered pursuant to Stipulation conferring primary physical custody of the minor child to the Petitioner, Veronica J. Murray, and partial physical custody to the Respondent, Anthony A. Seaton, Jr., on three of every four weekends in a calendar month from Friday after school until Sunday at 7:30 p.m., and Tuesday and Thursday evenings from 4:00 p.m. until 7:30 p.m. 6. On August 25, 2002, the Respondent failed to return the child to the custody of the Petitioner, and has continued to refuse to relinquish custody according to the existing Order. At the time of filing of this Petition, the child still has not been returned to the Petitioner, Veronica J. Murray, as per the Order of September 5, 2000, a true and correct copy of which is attached hereto and incorporated herein as Exhibit "A." 7. By virtue of the Respondent's actions, the child is not going to be promptly enrolled in school in the West Shore School District where she will again attend this year. WHEREFORE, the Petitioner, Veronica J. Murray, respectfully requests this Honorable Court enter an Interim Order directing that the child be returned to Petitioner's care, control, and custody according to the Order of Court dated September 5, 2000, and schedule a custody conciliation to further address the Respondent's actions. Respectfully submitted, JOHNSON, DUFFIE, STEWART By: ~c ark C. Duffie Attorney 1.0. No. 5 06 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 Attorneys for Plaintiff :162183 . ." '- "' d " _~ _0' '_'__ ~"~r--c VERIFICA TION I, Mark C. Duffie, attorney for Petitioner/Plaintiff, Veronica J. Murray, state that I am authorized to make this Verification on her behalf, and that the statements made in the foregoing Petition for Contempt are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.SA ~4904, relating to unsworn falsification to authorities. JOHNSON, DUFFIE, STEWART WEIDNER Dated: rI3/b"2... By: M C. Duffie Attorney I.D. No. ~ ~, . ~. - ., .:"'~,.',I SEP 0.1 2000(.t! VERONICA J. MURRAY and ALMAA. MURRAY, Plaintiffs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No. 00-5225 Civil Action - Law ANTHONY A. SEATON, JR. Defendant. IN CUSTODY ORDER OF COURT AND NOVY, this.:5 day ofdfJ~1fl1 ~J..PA J ,2000, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties shaill have shared legal custody of the minor child, Tiana Rae Seaton, born September 30,1994. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of this paragraph, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. They shall also, in a timely fashion, share information with each other regarding the Child's extracurricular activities, school schedule, homework, and parent-teacher conferences. 2. Physical Custodv. The parties shall share physical custody of their Daughter according to the following schedule: A. Father shall be entitled to custody three of four weekends in a calender month from Friday after school until Sunday at 7:30 p.m. It is expected that the parties shall be cooperative in choosing which weekends shall be Father's custodial weekend, ~".-.~. " I - -.~. , 'C';J No. 00-5225 subject to reasonable notice to each other. B. Father shall be entitled to custody on Tuesday and Thursday evenings from 4:00 p.m until 7:30 p.m. In the event that Father's work schedule is such that he cannot be present for his mid-week custody, Mother shall cooperate to allow a compensatory evening with the goal in mind of allowing the child frequent and continuing contact with both parents. C. At all other times the child shall be with Mother, subject to the holiday schedule in paragraph D. D. Holidays. Christmas shall be divided into two segments, Segment A and Segment B. Segment A shall be from December 24 at Noon until December 25 at Noon. Segment B shall be from December 25 at Noon until 8:00 p.m. December 27 at 8:00 p.m. In even numbered years Father shall have Segment A and Mother shall have Segment B. In odd numbered years Mother shall have Segment A and Father shall have Segment B. The holidays of: Labor Day, Thanksgiving, New Year's Eve and New Year's Day, Easter, Memorial Day and July 4 shall be alternated as agreed upon by the parties. Father shall have July 4, 2001. 3. Transportation. Until such time as Father is able to obtain his Drivers' License again, Mother shall provide all transportation. After Father has a valid Drivers' License, he shall provide transportation at the beginning of his custodial periods. 4. Respectful interactions. Each of the parties and any third parties in the presence of the child and the party shall take all measures deemed advisable to foster a feeling of affection between the child and the other party. Neither party shall do anything wich may estrange the other party or injure the child's opinion of the parent or which may hamper the free and natural development of the child's love and respect for the other parent. 5. Intoxicating substances. During any period of custody the parties to this order shall not possess or use any c~ntrolled substance, neither shall they consume alcoholic beverages to the point of intoxication, The parties shall likewise assure, to the -~... ,~ ,,- '1,# No. 00-5225 extent possible, that other household members and/or house guests comply with this prohibition. 6. This order is temporary in nature. The parties shall follow the schedule set forth herein for a period of at least 60 days. In the event either party believes the custody arrangements are not serving the best interest of the child, counsel for either party or a party, pro se, may contact the Conciliator within 30 days of the expiration of the 60 day period to schedule an additional Custody Conciliation Conference. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the terms of this order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, /S/rd~A} A. -&yy J. cc: Keirsten W.Davidson, Esquire, Counsel for Plaintiffs Anthony E. Seaton, Jr.. Defendant 'c .~~S});j f~(:':~::~i r;~,:(~;<~:;~~=~~;:;~~~ar!d ',: _ I '.,~~l.~_.__L~;"-,,,1'_i D::::. -.....'..-."..0.... r.',. ')"';;;1'" ''''','"' ;" 1<1 I';':.: vw,",' \." v..,"" .." '~- I .... ;i.:' t a" of.. d" tEJ- '..' d... ......, . . prothGi10[~r~d{J17 ~. . ~~~ ,-' ,-. " , h&:'-' VERONICAJ. MURRAY and ALMA A. MURRAY, Plaintiffs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-5225 Civil Term v. ANTHONY E. SEATON, JR. Defendant. IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNT RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Tiana Rae Seaton September 30, 1994 Mother and Maternal Grandmother 1. A Conciliation Conference was held on August 28, 2000 with the following individuals present: Father, Anthony E. Seaton, Pro Se ; Mother, Veronica J. Murray, Maternal Grandmother Alma A. Murray and their counsel, Keirsten W. Davidson, Esquire. 2. The parties agreed to the entry of an Order in the form as attached. 6! )fJ Melissa Peel Greevy, Esquire Custody Conciliator "'"''''''"''''''''' J"f:!B",~\J)f)"'1f.<;j1~&.~'i<i~"1ii~",""""fu~:ii>tAi;;~~=~1~..""~"-~j,,,",- 1 - ~- .~ ~ ~ 'lKifIlI ---- ~ liilIIlf!lil' ' ~ (") a 0 c f',J ? '"Cj ~ ~ cD'I"11 or.> 1\ :-., -0 -n zr-'.1 r;!;;::' ...t:. (.E:j~: l ~j-~ .~ --. Vol ;::~~ 'j..> <........ :D;> ~~~:~ " v ---"->-..-,, --.' t~ .,' ~- '0() ~() --~ ...... V -;....-\- ,) c.., <::.' -t= ::;0 rrn -.... '& z L,_~ --I ~j ~ -< --I :n -< ~, -'~ "" ',','" l!ot'" SEP 0 4 2003 't VERONICA J. MURRAY and ALMA A. MURRAY, Plaintiffs V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000-5225 CIVIL TERM ANTHONY A. SEATON, JR., Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this ~ day of ~ ,2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated October 10, 2002 shall remain in full force and effect with the following addition: 2. The parties shall cooperate in obtaining a psychological evaluation for the child with a psychologist of Mother' s choice. In the event that insurance does not pay for said evaluation, Mother shall be responsible for the cost. 3. This Order is entered pursuant to the agreement of the parties at a Custody Conciliation Conference. The parties may modify the terms ofthis Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. J. cc;L'aura Mammana, certified legal intern, counsel for Father Anne MacDonald-Fox, Esquire, Family Law Clinic ~anne B. Costopoulos, Esquire, counsel for Mother . > ~ - ~ "'.' ~ ~litIM~MI\i--...'\ifti.. ~~~'""".,~" ,'c _,~ '~ +"'+""~+'..' ~~ VINViiJASNN3d t "J~.~r- I'''' ._, '-,r-Wno l\Jj\ I' j~.J. ,: ',,!. .t: k:i.:"'~(Jr- 'it , i U :01 WV 8 - dJS 80 Ao.......'/.,.... "1"1::10 . "v11 ';\;'U'- I' ';-~'-": ~ ,>4 I -..'1 ~ J ...'.I...,.....J. ".J, I -'''I:I~~ Jl--,/~ .J\.J ~;V \J:J !_. ..,.,~ ~ ~ ., ." ^". - "'" c_ , 'w -,~ _Tn," 'C;" _~_, _,-'~' _,'_ ,,_ ", VERONICA J. MURRAY and ALMA A. MURRAY Plaintiffs V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYL VANIA : 2000-5225 CIVIL TERM ANTHONY A. SEATON, JR., Defendant : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, J. 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Tiana Rae Seaton September 30, 1994 Father 2. A Conciliation Conference was held in this matter on September 3, 2003. The Mother, Veronica J. Murray, appeared with Jeanne B. Costopoulos, Esquire. Father, Anthony A. Seaton, Jr., appeared with Laura Mammana, certified legal intern of the Family Law Clinic and Anne MacDonald-Fox, Esquire. 3. A prior Order of Court, dated October 10, 2002, was entered by the Honorable Edgar B. Bayley, granting shared legal custody with primary physical custody to Father and periods of partial physical custody to Mother. 4. The parties agreed to the entry ofthe Order attached. 9./1.{ -03 Date fil[. ~ acq line M. Verney, Esquire Custody Conciliator ~~ ' " , ~ " :'L:! VEROMCA J. MURRAY AND ALMA A. MURRAY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYL VANIA V. 00-5225 CML ACTION LAW ANTHONY E. SEATON, JR. DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, July 11, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, Augnst 12, 2003 at 8:30 AM for a Pre-Hearing Custody Conference. At such confcrcnce, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any aud all existing Protectiou from Abuse orders, Special Relief orders, aud Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: Isl Jacqueline M. VernlO" Esq. (I 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 TInS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. , Cumberland County Bar Association 32 South Bedford Street Carlisle, Peunsylvania 17013 Telephone (717) 249"3166 ~~-llwffil'>iiI''<'>i<~!!f,\;!II'<1o~,~OOItrl;i~\tM~~,"ijjijl"",~JI,-'..M~~ti;}~,~!W!ll'~'' dill - , ,~-fr ~ ~~? {'CJ>//'L ~ ;h fff/-- f2 /~ .~~ Cc;2J/'c... ~~~ If:!? ?/. ;P~ ~ .r? fYj/'L. ~ VINVlIlASNN::Jd Al jd(':n'j ('~:, ~,,-!..----.,t.r:J!.!l\In^ "~. ';, _,_'_. ,"; ,,; 8i'l n..) Gll:~ ~.Id i I lrir so AbVli)\!t,:"i-,_L1::'C.U' :.10 3Clj:l()~'{iJlh - .k"'" - ~~ ~__" '0 - ~~f Ij' VERONICA 1. MORRAY and ALMA A. MORRAY, Plaintiffs : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 2000-5225 CIVIL TERM ANTIIONY E. SEATON, JR, Defendant : CIVIL ACTION - AT LAW : CUSTODY ORnRR OF COITRT AND NOW, this day of ,2003, upon consideration of the Complaint in Divorce, specifically Count II - Custody, it is hereby directed that the parties and their respective counsel appear at before , the conciliator, on the day of ,2003, at .m., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to defme and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. 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 the scheduled conference. FOR THE COURT: BY: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 '- "" .- ~, ~~ o' li,j, VERONICA J. MORRAY and ALMA A. MORRAY, Plaintiffs : TIffi COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA vs. : No. 2000-5225 CIVIL TERM ANTHONY E. SEATON, JR., Defendant : CIVIL ACTION - AT LAW : CUSTODY PF,TTTTON TO MOnTFV CTTSTOnV ORnF.R AND NOW, the Petitioner, Veronica 1. Murray, by and through her attOlney, Jeanne B. Costopoulos, Esquire, makes the following Petition to Modify Custody: 1. The Petitioner, Plaintiff above, Veronica J. Murray (hereinafter referred to as "Mother") is an adult individual who currently resides at 98 Front Street, West Fairview, Pennsylvania 17025. 2. The Respondent, Anthony E. Seaton, Defendant above (hereinafter referred to as Father), is an adult individual who currently resides at 5145 North Susquehanna Trail, Lot 70, York, Pennsylvania 17402. 3. Mother seeks modification of an Order of Court dated October 10, 2002 regarding the following child: Name Prf':~fmt R p.~idf":n{',p, Age Tiana Rae Seaton 5145 N. Susquehanna Trail, Lot 70 York, PA 17402 8 years DOB 9/30/94 4. The relationship of the petitioner Mother to the child is that of natural mother. The relationship of the respondent Father to the child is that of natural father. 5. Mother previously filed a complaint jointly with her mother, Alma A. Murray, at the above docket number and an agreed upon order of court was entered on ""~, ~ ~. ,', " .'" u~~, October 10, 2002. This order is attached as Exhibit A. 6. Petitioner does not know of a person not a party to the proceedings who has physical custody of the child or claims to have physical custody or visitation rights with respect to the child. 7. The best interests of the child and permanent welfare of the child will be served by modifying the October 10, 2002 Order of Court such that Mother is granted primary physical of the child subject to periods of partial custody with Father for the following reasons: (a) The October 10, 2002 Order was entered pursuant to an agreement by the parties. Mother agreed to the Order for the sole reason that the child desired to reside with Father at that time. (b) The child no longer wishes to reside with Father and the child is not being properly cared for in Father home. (c) Father's home is unkempt with too many pets and the child shares a room with too many additional people. (d) The child's grades in school have dropped significantly since she moved in with Father. WHEREFORE, Mother respectfully requests this Honorable Court to modify its October lO, 2002 Order and grant her primary physical custody of her daughter subject to periods of partial physical custody with Father. ~~~~~\:ll~~~ill.~~~<' '~ , ,= v." ~J ~ ,,,.. ..............-...",,- <-~ . H , Dated: ~" Respectfully submitted, 7A/8 r;;:? Je~e B. Costopoulos, Esquire ATTORNEY FOR PLAINTIFF VERONICA 1. MORRAY 5000 Ritter Road, Suite 202 Mechanicsburg, P A 17055 Phone: (717) 790-9546 Supreme Ct. ill No. 68735 ...-" ' ~..~ -~ ""'--,- ~;' /-- " ~ ~.,- VERONICA J. MORRAY and ALMA A. MURRAY, Plaintiffs : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL V ANlA vs. : No. 2000-5225 CIVIL TERM ANTHONY E. SEATON, JR., Defendant : CIVIL ACTION - AT LAW : CUSTODY VRRTFTC:ATTON I, Veronica J. Murray, hereby verifY that the statements made in the foregoing Petition to ModifY Custody 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: J - ~- 03 Signature: ~~ - . ." . ',' ,,~, ~~, .,,-,.,' " " ',. ,--" -- "" ~ VERONICA J. MURRAY and ALMA A. MURRAY, Plaintiffs : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 2000-5225 CIVIL TERM ANTHONY E. SEATON, JR., Defendant : CIVIL ACTION-AT LAW : CUSTODY f"F,RTTFTCATF. OF SF.RVTCR I, Jeanne B. Costopoulos, Esquire, hereby certify that this day I served a copy of the attached Order of Court upon the person(s), and in the manner, indicated below, which service satisfies the requirements of the P A 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: Anthony E. Seaton, Jr. 5145 N. Susquehanna Trail, Lot 70 York, PA 17402 Alma A. Murray 115 Bosler Avenue Lemoyne, PA 17043 BY: JL",..~,_ 5000 Ritter Road, Suite 202 Mechanicsburg, P A 17055 Phone: (717) 790-9546 Supreme Ct. ill No. 68735 ---- DATED: 7A/tJ3 I Ii ii 'I 'I I, II !i II !J Ii Ii II 'I II II 'I I. ii !) il II II ,I II I' Ii Ii :i i! " i' II Ii ,I 'I I, II I: i: Ii il ii Ii II II II II ,/ II I) Ii , " "- "'';''''!I!ti OCI f1 il ZOO? , VERONICA J. MURRAY and ALMA A. MURRAY, Plaintiffs V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000-5225 CIVIL TERM ANTHONY A. SEATON, JR., Defendant : CIVIL ACTION -LAW : IN CUSTODY ORDER OF COURT AND NOW, this NJ 1!:-' day of ({)~ ,2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated September 5,2000 is hereby vacated. 2. The Petition for C011tempt filed September 4, 2002 is hereby withdrawn, , 3. The Mother, Verollica J. Murray and the Father, Anthony A. Seaton, Jr., ,shall have shared legal custody of Tiana Rae Seaton, born September 30, 1994. Each parent shall have an equal right, to ,be exercised jointly with the other parent, to make all major non-emerg,ency decisiot).s affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of this paragraph, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records. To the extent one parent has possession of any such records 01' information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. They shall also, in a timely fashion, share infoffilation with each other regarding the Child's extracurricular activities, s9hool schedule, homework, and parent-teacher conferences. 4. Father shall have primary physical custody of the Child. 5. Mother shall have periods of partial physical custody as follows: A. Alternating weekends beginning October 11,2002 from Friday after school to Sunday at 7:30 p.m. B. Every Tuesday and Thursday evenings from 4:00 p.m. to 7:30 p.m. C. Such other times as the parties agree. ~'""-.",....- I . '-', ,," ., q "'--.-^ I , , , I , I i I I i I I :1 6. Christmas shall be divided into two Blocks. Block A shall run from Christmas Eve at 12:001100\1 to Christmas Day at 12:00 noon. Block B shall run from Christmas Day at 12:00 noon to December 27 at 8:00 p.m. Mother shall have Block A in even numbered years and Block B in odd numbered years. Father shall have Block A in odd numbered years and Block B in even numbered years. 7. Father shall have custody of the Child on Thanksgiving and Easter. Mother shall have custody of the Child on Mother's Day; Father shall have custody of the Child on Father's Day. All other holidays shall be as agreed by the parties. 8. Transportation shall be shared by the parties such that the receiving party shall be responsible for transportation. 9. The Child's maternal grat'ldfather, Ronald Murray, shall not have overnight visitation with the Child. 10. This Order is entered pursuant to the agreement of the parties at a Custody Conciliation Conference. The parties may modify the terms of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, hi f'A1.1.Lo A Ait Mgar B. Bayley, J. II :1 cc: Jennifer Heverly, celiified legal intern, for Father Lucy Johnston- Walsh, Esquire, Family Law Clinic Veronica J. Murray, pro se 98 Front Street West Fairview, P A 17025 Ii ii " ': !I " :1 'I [I I: !; ........ <E ".". 'r." p ,...,~,~ ~ 'I Ir~-""'.~~I"lA ~ ~i'~P"J!"~',; t, ';",..}i"",,' r" ~ ~l(..Jr:fIJ 1'\~::f~A"...~u.l Illl'tV/:tir.ln',,'" i : i'l ,., ,iV+'~ ;'.I?r mr f;!.iOO "",,' P,'" ""'.' "('..li,.", ,,., nl-~I~{r ~ti~(i;i ~.. ,~. \ :.'" , .,d \",~,'!'i!'l,;;~w}~ ~"fl1,.. ""'id /1.19"" . t1i':.1':'1.. ,;Joe.)...., '. It .....M-t):.'.') \.Y.......;.~ , 'tA' ,.1L..lJuJ.h ) . ' ~. Pm~hIHWllr, -< ~~. " oL ~ . ,. '--"IIliW Vl!:RONICA J. MURRAY and ALMA A. MURRAY Plaintiffs V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLVANIA : 2000-5225 CIVIL TERM ANTHONY A. SEATON, JR., Defendant : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, J. CUSTODY CONCILIATION SUMMARY REPORT . IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the foHowing repOli: I. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Tiana Rae Seaton September 30, 1994 Father 2. A Conciliation Conference was held in this matter on October 8, 2002. The Mother, Veronica J. Murray, appeared pro se. Father, Anthony A. Seaton, Jr., appeared with Jennifer Heverly, certified legal intern of the Family Law Clinic and Lucy Johnston-Walsh, Esquire. Mother had filed a Petition for Contempt, but withdrew it at the conference. 3. A prior Order of Court, dated September 5, 2000, was entered by the Honorable Edgar B. Bayley, granting shared legal custody and shared physical custody of the child. 4. The parties agreed to the entry of the Order attached. jo -- f ~!J :;- Date ~0,.lk ' . acq line M. Verney, ES~ Custody Conciliator """",, _.~ "~~_""",""~ii:!ll\_j~m",,~,_...~;,,i!llli:.'H.~&d.,e;,f~\i!'I~~~~'"'1'~"'~""i- ~ ~ ~ -- ,,","~ ,','~ m~_ "'", ",-,,,," ~~-- <, - ~- 'tj 0 CJ 0 C GO -n " ~ :s: ~ -0 OJ (';:: T\ ~ ~ L!]rr: , r-~ I~ ..:.-~~ '-:-1 J\ ~~: I ~j -.J ,-, '--j i:;:;- t k\~j "U ~, ,-' -n )::'; ,~." ;)J;: n- --0 ~ 2,'-...< :2:n-1 ....... ;;;c Y? n ll\ c: ~ '" ~ ~ ':J1 5J )--> CD '< ~ ~ ~1 . ~ , . <'''" ',- -" :;,~ ,_',;,'- ;,-'-",^';;"i",':,;,j:,t,;.'- - - J"" ~ VERONICA J. MURRAY and ALMA A. MURRAY, PlaintiffsfRespondents : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY v. : NO. 00 - 5225 CIVIL ACTION - LAW ANTHONY A. SEATON, JR., Defendant/Petitioner : IN CUSTODY ORDER AND NOW, this ..al day of January 2004, the attached motion is granted. The hearing scheduled for February 5, 2004 at 8:45 a.m. has been rescheduled for the ~ day of ~ , 2004 at lli.?-.m. in Courtroom ;;) at the Cumberland County Courthouse, Carlisle, Pennsylvania. Ba7J~~ J. ~ ~~ ~ O/d- ,-',"".,;" "'''''''^'''': ., ~,:r--;;;;:.J -~, ,,' <. H<lwirwliiilltml!ilH"'" ~. ~~."" . J~';-- 0' '__ . i", '"~ .cc ",,' ~ ,c,,,~,, ',}r:;\ iJ E" r "'1 "r ~1-" l.", ':; ,v"" ".. (,6 \'\'0\' '1\\\]'1. 1!2\!K>iCi\\\Odd 3'r-\1. jO ::YJ\:1~O-QJ\'d aj ~, ' - ..' ^--~"'<";"",-,,, ,jr ._,;,,:..,.;'.. ,~,i.>h-o.;. ".' .i~_ _c;d_;,,"-__ ,~,', -~ VERONICA J. MURRAY and ALMA A. MURRAY, Plaintiffs/Respondents : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY v. : NO. 00 - 5225 CIVIL ACTION - LAW ANTHONY A. SEATON, JR., DefendantlPetitioner : IN CUSTODY MOTION FOR CONTINUANCE The Petitioner, Defendant Anthony A. Seaton, Jr., by his attorneys, the Family Law Clinic, hereby petitions this Honorable Court to grant a continuance of the hearing in this matter, currently scheduled for February 5, 2004 at 8:45 a.m. In support of his petition, Petitioner represents the following: l. The Petitioner is Anthony A. Seaton, Jr., ("Father"), who resides at 5145 North Susquehanna Trail, Lot #68, York, P A 17402. 2. The Respondents are Plaintiffs Veronica J. Murray, ("Mother"), who resides at 98 Front Street, West Fairview, P A 17025, and Alma A. Murray ("Grandmother"), who resides at 115 Bosler Avenue, Lemoyne, P A 17043. 3. On December 18,2003, a Conciliation Conference was held in the above named action. Father was represented at the Conciliation by Lara Mammana, certified legal intern with the Dickinson School of Law Family Law Clinic. ~ ., " , " .'-, \~"-''''4_~ "",,- , "'" "'" .,.'.;,'._ ~;." ;'"~:'~ "---"'CO, V, " '\J ,,"-, , ,~ >, "'j 4. On December 23, 2003, an Order of Court was entered, scheduling a hearing in this matter for February 5,2004 and directing that pre-hearing memoranda be submitted by each party by January 26, 2004. 5. The Family Law Clinic of the Dickinson School of Law is a student practice office. The Dickinson School of Law was on semester break from December 22, 2003 until January 12, 2004. 6. The student who represented Father, Lara Mammana, is not emolled in the Family Law Clinic for the Spring 2004 Semester. 7. A new legal intern, Abigail Salawage, was assigned to represent Father on January 13, 2004. 8. Because this matter was scheduled for hearing while the Family Law Clinic students were on winter break, and because a new certified legal intern could not be assigned to represent Father until January 13, 2004, Father's counsel needs additional time to adequately prepare for the hearing. 9. Plaintiffs/Respondents are represented by Jeanne B. Costopoulos, Esq. Pursuant to local rule 206-2( c), Petitioner sought concurrence of opposing counsel in this petition. Attorney Costopoulos does not concur. 10. Petitioner asks that this Court grant a continuance and schedule a hearing in this matter for a later date. _". 0---'-';"=-'--"-' !__"_",~~,," ",',.~"; -'''~'''''''_'''-",'' ",'-;; ,.,__>;,;',;._:,__,_.'. WHEREFORE, Petitioner respectfully requests that this Court grant a continuance in this matter and schedule a hearing for a later date so that the Family Law Clinic may have additional time to prepare for the hearing. Date: January 20, 2004 Respectfully Submitted, ('J.J.:;.:.....-f'OIA 1..&Q Abi;ai?J~!'S~awage '0 Legal Intern ~~~cW~ THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH Supervising Attorneys Family Law Clinic 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 '~ . . ""-, "L_.,,- ". ,-, I .,' '-6,:1 ,". -'-" -.-,^",','._C" "',~..' , VERIFICATION I verifY that the statements made in this petition are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa.C.S.. ~ 4904 relating to unsworn falsifications to authorities. Date: I !zjJ/ 0+ ~_~~c~ Lucy Jo 0 -Walsh ,--" ,C~ .:;..,' ,,' ~~~k!~ ',;,;;"J;. ,~_,- ~ " ~., "',,". \.~ ~i( (') ....., 0 .::;:;-j ~:? ~ " ..... ~ .. <- ::Cpt (" i' ~ ;E::; rn- . .- :gg, (.71 , f'~ C:) a! _.,0 r.: c_ , -,- -'Yi <,,- :t;:... j-:O;-,:o -",.' ~,,,,.' :;;:;.C) ~-~ S--' C_, ~~m' l::"':; :''-:::::j > :-.0 ~,:- '-0 -< "" " _" '_N - ,.. a-;,;~ A' 'I " VERONICA J. MURRAY and ALMA MURRAY, Plaintiffs vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA 00-5225 CIVIL CIVIL ACTION - LAW ANTHONY E. SEATON, JR., Defendant CUSTODY ORDER AND NOW, this z. 2 r! day of April, 2004, following a hearing regarding custody of the parties' minor child, Tiana Rae Seaton, born September 30, 1994, it is hereby ordered and decreed as follows: 1. All previous court orders and agreements will be replaced by this order which shall become effective commencing with the 2004 summer vacation from school. 2. The parties shall share legal custody of the child jointly. They shall consult with each other relative to all important decisions concerning the child, including such matters as health, education and religion. Although the party then having custody shall have authority to make routine decisions regarding the welfare of the child while in his or her care, each parent shall consult with the other on all non-routine decisions (to be defined as those decisions with a greater than a day-to-day effect including, but not limited to, such matters as surgery, major medical treatment, and selection of schools) with a view to having a harmonious policy calculated to promote the best interest of the child. If a dispute arises as to any matters regarding non-routine decisions regarding the child, the party then having custody may exercise final determination subject to review by a court of competent jurisdiction. Each of the parties shall have access to all the child's medical, dental, hospital and school records, including test results and report cards; each parent shall permit and encourage communication by the other parent with ~~,--'~ ',- '~ '-~" .~U!l '>>>;' 'v'lM"^1/SNNad JJNnOO ot'N1tEl9WliO o I :E: Wd ZZ ~dV ~Olll AtNIONQ\i.l.Ol:ld l3Hl :lO 3Olj~1:.I ." ,. . __ __ <,0 ~ ~ Jlillii'i........ . =, ~ r . .... ~i , "~'.'" "_,"~',_ji, _c " < \ doctors, teachers and school administrators regarding the child's health and education progress. Both parents are entitled to school records and medical records as well as portrait and class school pictures and shall cooperate with each other to ensure such records and pictures are provided to each other. 3. Each SUJ11ll1er, the parties shall share physical custody of the child on a week on/week off basis to coincide with the weeks father has custody of his other daughter on an alternating weekly basis. 4. Beginning the last Saturday prior to the first day of school in the fall of 2004, mother shall have primary physical custody of the child during each school year. Father shall have partial custody of the child to include the following: a. Beginning the first Friday following the first day of school, alternating weekends from Friday after school until Sunday at 7:30 p.m. b. Wednesday evenings from 4:00 p.m. to 7:30 p.m. c. Such other times as the parties mutually agree. 5. Christmas shall be divided into two blocks. Block A shall run from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall run from Christmas Day at 12:00 noon to December 27th at 8:00 p.m. Mother shall have Block A in even-numbered years and Block B in odd-numbered years. Father shall have Block A in odd-numbered years and Block B in even-numbered years. 6. Father shall have custody of the child on Thanksgiving and Easter in even-numbered years and mother shall have custody of the child on Thanksgiving and Easter in odd-numbered years. Mother shall have custody of the child on Mother's Day; Father shall have custody of the child on Father's Day. All other holidays shall be agreed to by the parties. ,~ -- . ','."'-- - " ~ , , ..., ,\ 7. Transportation shall be shared by the parties such that the receiving party shall be responsible for transportation. 8. During any period of custody, the parties shall not possess or use any controlled substance, neither shall they consume alcoholic beverages to the point of intoxication, neither shall they smoke in an enclosed area where the child is present. The parties shall likewise assure, to the extent possible, that other household members and guests comply with this prohibition. 9. Both father and mother shall provide each other with their home phone numbers and must keep each other informed of any changes of address or phone number. Any changes in address or phone number shall be exchanged immediately. 10. Both parties shall have the right to reasonable telephone contact with the child during the other party's period of custody or partial custody. Neither party shall interfere with the other party's telephone contacts with the child. Each party shall provide phone numbers where the child can be reached and shall make all reasonable efforts to promptly return calls or messages left by the child or by the other party regarding the child. 11. Neither father nor mother shall make any disparaging remarks regarding the other parent in the presence of the child, such as those that might tend to alienate the affections of the child toward the other parent. Also, each parent shall inform relatives and friends to also refrain from making any disparaging remarks regarding either parent in the presence of the child. BY THE COURT, t~ tyO,", D4.~ .J _2'~- _.~,~ .. ", Jeanne B. Costopoulos, Esquire For the Plaintiff Veronica Murray Alma Murry, Pro Se Plaintiff Abigail J. W. Salawag Certified Legal Intern Family Law Clinic For the Defendant :rlm ":- ,'"'~,,,' ""''"'' ~'~ ,'~:,; VERONICA 1. MORRAY and ALMA A. MURRAY, Plaintiffs : rHE COURT.oF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 00-5225 CIVIL ACTION - LAW ANTHONY A. SEATON, JR., Defendant : CUSTODY ORfiF.R OF C.OTJRT ANDNOW, this day of , 2004, it is hereby ORDERED that hearing in this matter is scheduled for the day of , 2004, at o'clock .mm Courtroom of the Cumberland County Courthouse. BY TIIE COURT: Kevin A. Hess, 1. Distribution: Jeanne B. Costopoulos, Esqnire Attorney for Plaintiff Abigail 1. W. Salawage, Esqnire Attorney for Defendant ~ "": VERONICA J. MURRAY and ALMA A. MURRAY, Plaintiffs THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 00-5225 CIVIL ACTION - LAW ANTHONY A. SEATON, JR., Defendant CUSTODY PI .ATNTlFF'S MOTION TO RF.OPFNRECORn AND NOW, comes the Plaintiff, Veronica J. Murray by and through her attorney, Jeanne B. Costopoulos, Esquire, and respectfully represents the following in support of Plaintiff's Motion to Reopen Record: 1. Plaintiff is Veronica J. Murray, who resides at 98 Front Street, West Fairview, Pennsylvania, 17025. 2. Defendant is Anthony E. Seaton, who formerly resided at 5145 North Susquehanna Trail, Lot 70, York, Pennsylvania, 17402; however, as a result of a Protection from Abuse Final Order, dated Apri12, 2004 (presented herewith as Exhibit "A") Defendant's new address is 140 Cloverleaf Road, York, Pennsylvania. 3. The parties are the parents of one child, Tiana Rae Seaton, 8 years of age, date of birth September 30, 1994. 4. The parties have shared legal custody of the child. 5. The custody of the child is the subject of ongoing litigation between the parties. 6. A hearing on this matter was held before This Honorable Court on March 1, 2004. 7. Subsequent to that hearing, on or about March 27,2004, Defendant's paramour, Robin Piatt, filed a Request for Emergency PF A, presented herewith as Exhibit "B," wherein she claims the Defendant "kicked in the front door and bedroom door.. .he started pushing her around, threw the TV and VCR on the floor, hit her with the laptop.. .got a screwdriver and held it to back of her head and threatened to kill her and her daughter... threatened to set trailer on fire and attempted to set a fire." See, Written Statement as to Events Leading up to Request for PF A, Exhibit "B." 8. It is also believed, and therefore alleged, that Defendant was arrested for criminal charges including DUl and Terroristic Threats (against Ms. Piatt) at some time during the last week of March, 2004. 9. It is Plaintiffs contention that, given Defendant's violence against his paramour, the entry of a PF A order, and the possibility that criminal charges have been filed against him, Defendant should be required to provide detailed information to This Honorable Court so that said information can be weighed and taken into consideration pending a final determination of custody. WHEREFORE, Plaintiff prays This Honorable Court will grant her Motion to Reopen Record, and require DefundmIt to provide detailed information regarding the basis of any criminal charges filed against \1im, either by permitting additional testimony in this matter or, in the ahernative, scheduling a ,conference call between This Honorable Court and counsel for the parties. Dated: ~ Respectfully submitted: ~ --- eanne B. Costopoulos, Esquire The Executive Offices at Rossmoyne 5000 Ritter Road, Suite 202, P.O. Box 779 Mechanicsburg, P A 17055 Phone: (717) 790-9546 Supreme Ct. ID No. 68735 ATTORNEY FOR PLAINTIFF '" -~': " ,-- - -' ~,"-- VERONICA 1. MURRAY and ALMA A. MORRAY, Plaintiffs : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 00-5225 CIVIL ACTION - LAW ANTHONY A. SEATON, JR., Defendant : CUSTODY VERTFJC.ATJON 1. Veronica 1. Murray, Plaintiff in the above-captioned case, hereby swear and affirm that the facts contained in the foregoing document are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of IS' Pa.C.S. ~4904 relating to unsworn falsification to authorities. DATED: j-2(J-Z~O~ ~o^~~ Veronica 1. Murray VERONICA 1. MORRAY and ALMA A. MURRAY, Plaintiffs v. ANTHONY A. SEATON, JR, Defendant ~ 0 - THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 00-5225 CIVIL ACTION - LAW : CUSTODY CRRTTFWATF. OF SRRVTCR I, Jeanne 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 ,-tW- ttj.quirements of the P A 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: Abigail 1. W. Salawage Family Law Clinic The Dale F. Shughart Community Law Center 45 North Pitt Street Carlisle, P A 17013-2899 BY: Dated: ~ / Jeanne B. Costopoulos, Esquire The Executive Offices at Rossmoyne 5000 Ritter Road, Suite 202, P.O. Box 779 Mechanicsburg, PA 17055 Phone: (717) 790-9546 Supreme Ct. ID No. 68735 ATTORNEY FOR PLAINTIFF ~, ~ '. Robin L Piatt : IN THE COURT OF COMMON : PLEAS ; YORK COUNTY, : PENNSYLVANIA Plaintiff v. : No. 2004-FC-000629-YI2 Anthony E Seaton Jr. : CIVIL ACTION - LAW : PROTECTION FROM ABUSE . Defendant FINAL ORDER OF COURT Defendant's Name: Anthony E Seaton Jr. Defendant's Date of Birth: May 22,1972 Defendant's Social Security Number: 186-58-7761 Names and Dates of Birth of All Protected Persons, including Plaintiff and minor children: 1. Names Robin L Piatt Dates of Birth September 12, 1974 Plaintiff or ProtectedPerson(s) is/are: [] spouse or former spouse of Defendant [] parent of a common child with Defendant [X] current or former sexual or intimate partner with Defendant [] child of Plaintiff [) child of Defendant [] family member related by blood (consanguinity) to Defendant [] family member related by marriage or affinity to Defendant [] sibling (person who shares biological parenthood) of Defendant [) current or former cohabitant (person who lives with) Defendant. Defendant was served in accordance with Pa. R.C.P. 1930.4 and provided notice of the time, date and location of the hearing scheduled in this matter. Appearances by Parties and/or Counsel: . Plaintiff appeared personally and is represented by: Anthony J Foschi, Attorney at Law . Defendant appeared personally and is unrepresented. AND NOW, this 2nd Day of April, 2004 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: ,<, . , Upon agreement of the parties for the entry of a consent order, this order will be entered with admission of liability by the defendant and with a finding of abuse by this court: This is a NO CONTACT ORDER. Plaintiff's request for a fmal protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten or attempt to use physical force that would reasonably be expected to cause bodily injury to the Plaintiff or any other protected person in any place where they might be found. 2. Defendant is prohibited from having ANY CONTACT with the Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiff's school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this order. 5145 Susquehanna Trail, York PA 17402 or any other residence where Plaintiff may live. 3. Defendant shall not contact the Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 4. The costs of this action are waived as to the Plaintiff and imposed on Defendant, as follows: DEFENDANT shall pay the costs of this action to the Prothonotary of York County within (6) months from the date of this Order pursuant to the following instructions. This Court Order requires you to pay the court costs with respect to a Protection from Abuse Action (PFA). The court costs are to be paid to the Prothonotary of York County, whose office is located on the 1st Floor of the York County Court House, 28 East Market Street, York, PA 17401; telephone number (717) 771-4393. It is your responsibility to contact the York County Prothonotary's Office to determine the exact amount of the costs and to make arrangements for payment. The Prothonotary will have the amount of your costs approximately 48 hours after the Court has entered its Order directing you to pay PFA costs. The usual court costs for a PFA Action are approximately $175.00. The costs may vary from case to case. You may make installment payments so long as the full amount of costs are paid within the time period set forth in the Court's Order. It is your obligation to notify the York County Prothonotary's Office of any change in you mailing address or place of residence within 48 hours ofsuch change. The Prothonotary's Office only accepts cash, money orders, or certified checks; they do not accept personal checks. ~ ~, " e "' ~ "< ;re: THE PROTHONOTARY'S OFFICE DOES NOT SEND OUT BILLS. IT IS YOUR OBLIGATION TO CONTACT THE PROTHONOTARY'S OFFICE AND ARRANGE FOR PAYMENT. 5. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Northern York Regional Police Department 6. THIS ORDER SUPERSEDES: I. ANY PRIOR PFA ORDER 7. All provisions of this order shall expire on; October 2, 2005 NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 P A.C.S. ~6l14. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. ~2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECf TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C ~~2261- 2262. IF YOU POSSESS A FIREARM OR ANY AMMUNITION WHILE THIS ORDER IS IN EFFECT, YOU MAY BE CHARGED WITH A FEDERAL OFFENSE EVEN IF THIS PENNSYL VANIA ORDER DOES NOT EXPRESSLY PROHIBIT YOU FROM POSSESSING FIREARMS OR AMMUNITION. 18 U.S.C. ~922(g)(8). NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over the plaintiff's residence OR any location where a violation of this order occurs OR where the defendant may be located, shall enforce this order. An arrest for violation of Paragraphs 1 through 3 of this order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. ~6113. Subsequent to arrest, the police officer shall seize all weapous used or threatened to be used during the violation of the protection order or during prior incidents of abuse. The Sheriff of York County shall maintain possession of the weapons until further order of this Court. When the defendant is placed under arrest for violation of this order, the defendant shall be taken to the appropriate authority or authorities before whom defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR the plaintiff. Plaintiff's presence and signature are not required to file the complaint. __'h "', ~.-" '-. '-' 'k' L.",k~i If sufficient grounds for violation of this order are alleged, the defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. Entered purs Plaintiff's Signature Distribution to: P]aintiffat 5]45 Susquehanna Trai], York, PA ]7402; Defendant at ]40 C]overleafRoad, York, PA ] 7402; PA State Police; York County Sheriff; Northern York Regional Police Department; Attorney Anthony Foschi at 3425 Simpson Ferry Road, Camp Hill, PA 1701I CERTIFIED from the records of the Court of COmmO?!leaS of York County, Pennsylvania cfi~ day of ~!.JAD. 200 Lf QmolQ Pamela S. Lee, Prothonotary ," - " ,~,' , "~ - . ~-- -- ~ ','"","" - '.- "~ 10'd lI:flOl REQUEST FOR EMERGENCY PFA PLEASE PRINT CLEARLY YOt-JR NAME R,,,[..; ,/0 ~ ~ f f l':>T~fJ ADDRESS n'i}- tV SVL>1lAe t"q "''''''c, . DEFENDANT I1rv. it cJ '1 Se.J-." VI. Jr ADDRESS .gt\~e.- r--- fr. DOB 9/,2/ ~ i c . l'HONE 2.<.. (. - 02 'f '7 DOB' ':J -/2 2-/1 L.- . PHONE s",-.,....,e. NA..~ OP CHILDREN AT HOME: €.he. ",I-,pj ((?, 'oj f 77~ -4.. ~~. ':_"1 AGE I ~ WRITTEN STATEMENT AS TO EVENTS LEADING UP TO REO~ FOR Pll'A f.~'~~J~_t ". _ :-::::',7 1{.~ ;!;t!El^~~~~~ ~~~1"~dv~:!;;_ ~}7::?v +l~::; : ~; :::::: ;f;~:~- ~? ,:;~ / ~~ it::::d .:t; ~ ~/ ----,- J:~~- k" fn- , ~ ~: 'yr. -H ' ~ SJONA~...:::. , DATE ~ ~- SJ1-D~ to/10'd Blvl Gr9 ~l~ l S0--~-61 ilInlP DI~la S1::Bl O'lre-rn--.L:lO ~~ ~ ~I COMMONWEALTH OFPENNSYtVANIA COUNTY OF: YORK ...,:::z,Mag.. DisI. No.' -- - ~ ,OJN"""':""" Barbara H Nixon . PETITION FOR EMERGENCY RELIEF FROM ABUSE NAME and ADDRESS Add".." Night Duty Court 118 Pleasant Acres Rd PLAINTIFF: r Robin Piatt ~145 Susquehanna TR LYork, PA 17402 '1;>.. ."'. Telephone. DEFENDANT: r Anthony Seaton, JR 5145 Susquehanna Tr YOrk, PA 17402 L VS. NAME and ADDRESS Docket No.: ER-16-0'4-400 Date Filed: 3/27/04 I Robin Piatt '. {Name or PfaIntffI.pJease Iype} ID on behalf of myself ~ on behalf of the following (child) (children) to whom I am a (parent) (adult household member) (guardian) o on behalf of the following incompetent adult to whom I am guardian Chante1 ~iatx. 7 years old 5145 Susquehanna Tr. York, PA ... _. _ >. (N....) (Add....) ''"'\.. I-\.. , 0 PLAINTIFF REQUESTS CONFIDENTlAUTY OF PERMANENTITEMPORARY ADDRESS. PETITION OF THE PLAINTIFF , hereby petition for emergency relief from abuse (N....) " " _) Emergency relief trom abuse is required because there is immediate anm~ abuse by the defendant to (me) and to the above listed (child) (children) (inc03nt ' . ' (Type additional names/addresses on a separate ~ :' " sheel of paper and attach hereto.) , . . '. ' ' (SignaIure,oI Plain6f1) .' FINDINGS OF ISSUING AUTHORITY At an ex parte hearing on MareR :n ~ '2_OA- ~ I hav!,! found upon good cause that it is necessary to protect the (plainti and above list (child) (children) (incompetent adult). .' 'y o I have NOT found that it is necessary to issue a protective order. t l ACTION OF ISSUING AUTHORITY . Having found upon good cause shown that it is necessary to protect the (plaintiff) and above listed (cfllild) ,(children) (incompetent adult), I have taken the following action ,on this petition: IE Ordered the defendant to refrain from abusing the plaintiff andlor minor child, children, Incompetent adult. ail Ordered the defendant to refrain from having any, contact with the plaintiff or minor children, including restraining the defendant from entering the place of employment or business or school of plaintiff or minor children and from harassing plaintiff, plaintiffs relatives or minor children. Gi! Ordered the eviction of the defendant from the (household) (residence) at 51 4 <; Sn "ql~';'h;mn'" 'Pr , :l_SS) , '. m Ordered restoration of possession to the (household) (residence) at <;14<; Sn"qn"h"!"m,,,' 'Pr -0 A11~~e ~fend~to provide suitable, alternate hOUSingbYCo~< '-. " ,. \ . . ISlgoal""'oI,'....ngAull1orllyl, . , o DERS OF I!I IC 0 AND I!I RES ,ORATIO OF POSS SSION Northern Reqional. (Sheriff) (Constable) (Police Officer) (Police Department). In c;ompliance.with , order(s) appearing above, you are hereby directed [X to evict AnThony Sp"'Ton .Tr " (Name 01 Defandlylt) (an~Xi to.restore premiSes piatt h , ' (and) (or) m the premises at 'i14'i Sn"qnph",nn", 'Pr. York, 5145 Susquehanna TR, York, PA (~.~ I"""'SS) PA to NOTICE TO DEFENDANT '. .,' ,: , . Orders issued are pursuant to the Protection from Abuse Act, Act No. 218 (1976). as amended. WARNING: Failure to comply wil/1 theselJ{ders may result in a finding of CRIMINAL CONTEMPT pursuant to 42 Pa. C.Sll 4137. This offense Is punishable by a line and/or imprisonment These orders expire at the end of the next business day the Court deems itself available. These orders will be immediately certified to the Court of Common Pleas, WHICH HAS THE EFFECT OF COMMENCING PROCEEDINGS AGAINST YOU UNDER THE ABOVE MENTIONED ACT. )1"' <:In'7A,..,,, ~ " '=~."",,!W~~ ~~ ~. - ,.,,,~~, ". "a~rll;&iI4li!;:!i"i14i.%illJ~koilo",,~'.'''~-~'i .ll~ ~,,- - e~, "r",o, ">< r' c'_ . <~Iil '"" ", "," ~ 1!IIliIIli!II~_ " -.' """"""flllhlilliilillllil!l: .~~~ -== () "-> <;';::-> 0 t~~ ~ " :p", .-j ---~" T ~"] j rl'1 ::~:J , , -0 ill '" -,'-' 0 C~/~ :::::~ ") :s ~~~ -]1 ( C) C,.:: r:;.) Cj rn S; :.<: "'- :D -< . fj '-" '~ '. ~ '..' i:., /' APR 221004 i VERONICA 1. MURRAY and ALMA A. MURRAY, Plaintiffs : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 00-5225 CIVIL ACTION - LAW ANTHONY A. SEATON, JR., Defendant : CUSTODY ORnER OF rOTIRT AND NOW, this day of . 2004, it is hereby ORDERED that hearing in this matter is scheduled for the day of , 2004, at o'clock .m III Courtroom of the Cumberland County Courthouse. BY THE COURT: Kevin A. Hess, 1. Distnbution: Jeanne B. Costopoulos, Esquire Attorney fur Plaintiff Abigail 1.W. Salawage, Esquire Attorney for Derendant "tiLl / APR 2 2 2004 '!{ VERONICA 1. MURRAY and ALMA A. MURRAY, Plaintiffs : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 00-5225 CIVIL ACTION - LAW ANTHONY A. SEATON, JR., Defendant : CUSTODY ORDER OF COTlRT AND NOW, this day of , 2004, it is hereby ORDERED that hearing in this matter is scheduled for the day of ,2004, at o'clock .m m Courtroom of the Cumberland County Courthouse. BY TIIE COURT: Kevin A. Hess, 1. Distribution: , Jeanne B. Costopoulos, Esquire Attorney for Plaintiff Abigail 1. W Salawage, Esquire Attorney for Defendant ~t.;r~v-J:~~m8r;J:Btw;%[;$'3'~tfc~li:j~I!Z2fi?-ib,1S1-'5fi1;;~ITt~,gj~;'- I, , ;,.;:, ~:' '.;~ , ~n ~I~o ~ l~t'~ ~ \ l.} . ~ '(~ --0 w Q~INnO :I il lit 0-.1" il N"'.... ...,...'" il "'-.1" N c: '- .Sl c: III Cl Q) ...J "C Q) l;::: 'E Q) U ....C') - U Q) ..... Q) .- ~ 0 o>C.....,,,,, III = C/)..... 3:U= III 3: .- <( mlllD..D.. C/) ...J.r:. - -~~Q) .- = 0 iij ~ '-E Z = .- Co .0 III It> " <(IJ.."""", '" ,~ N :::> ~ C' '" ' "'0'" w~('J8 ",Ol"" .Q3~ 5cn<( Q. -Q. o'C _ Ui~~ 00::: :::> U'--5J ai~ .I.! -cbo::ffi 2o.c tIlO 0 OloOl -,,,,:2; ~~~1S~)(tiJ;t~:TK&~F.w%;;W~:~1'ir;~?J;53'ld;i.~~1JE{-1,lt0: j~i:7X~~l?.Ji~.[WJi1if~,~~{t~t$"'~w~~~'},vq5-~ , ' ..1 "'_ "..", , ,,', '"'';''''_'.' .'",'-' ."" ~,:'; :~. _'~ c -, c.:.';'. " $:(}lc.... (1) om o g;:) ::r ;:) III ;;0 (I), ;:) -. -. ::; OJ 16 (1). 0'''''0 c: ;;0 0 U30u> - Q) 0 "'O.Q.'1:l )>(1)0 c:5.. -110;:;:0 .....(I)U> o - (}ll\>m (}lou> I I\> .0 Ol c: CO _. I\> CD I\> ~"'~ mom o gill ::T " 1ll;:O~ " -. -. :+ OJ &J CD ' g~(") ca6'g - Q) a "[IF'-'t) >000 c!:. ~:~ o - O1"'m 010", , "'.c Ol c: ~ _. '" (il '" OJ .t-... ... 0.",... .'0.-0 ... ~" 0 fit ... ~ OUNl~ ~: p~ ~J.;~ ! ~J;l d~ '" 00 "'>'-".. I ~! I \"1 "' 1: u J;' Ii r 1; ~ Ii << ! -,~'W$"1'~,*j,,,.~:;g,tf%~f7f,,;',*,,,!-,:,g.-j',R'1-,~ti!>""'2;:"'''''''''-i'n'"',o~"""-""""'''''-''--''' , , ~~ ~ , VERONICA J. MURRAY and ALMA A. MORRAY, Plaintiffs v. ANTHONY E. SEATON, JR., Defendant -., . .~~i r : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 2000-5225 CIVIL TERM : CIVIL ACTION - LAW : DIVORCE PRAECIPE TO WITHDRAW PETITION To the Prothonotary: Please mark the Petition to Re-open Record filed on behalf of V eronica J. Murray settled and withdrawn. Dated: S(?,!cdd i RESPECTFULLYSUBNnTTED: :::Z __ Jeanne B. Costopoulos, Esquire ------------- 5000 Ritter Road, Suite 202, Box 779 Mechanicsburg, PA 17055 P A Supreme Court ill No. 68735 Telephone: (717) 790-9546 Fax: (717) 790-6019 ATTORNEY VERONICA J. MURRAY -~. " ' . I , .~ -..". , .. , VERONICA J. MURRAY and ALMA A. MURRAY, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 2000-5225 CNIL TERM ANTHONY E. SEATON, JR., Defendant : CNIL ACTION - LAW : DIVORCE CERTIFICATE OF SERVICE I, Jeanne 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 P A Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through fust class mail, prepaid, and addressed as follows: Family Law Clinic The Dale F. Shughart Community Law Center 45 North Pitt Street Carlisle, P A 17013 BY: Dated: )!I/Z~'I eanne B. Costopoulos, Esquire 5000 Ritter Road, Suite 202, Box 779 Mechanicsburg, PA 17055 P A Supreme Court ill No. 68735 Telephone: (717) 790-9546 Fax: (717) 790-6019 ATTORNEY VERONICA J. MURRAY "' ~,,"'''-- '" , '..o;L'" ;--,'-" 'Iilii-.L .' '" , '~" .',,, _ _"m - .' ,,' I~";--,' ,: " -.' ., -~" " ,"'C - ',.' ~ '" '. ~" ~ .... , "' ,~ () r.: "D$: E2~R 65 ~~~: -.-~ -~ r;:t) ~".... ~> .?'C j..:';0 s:= z -< -< U1 C ...., = = -<:- ~ :x". --< I -.J 5! m::rJ r-- .." '" ::tIO ~6 6-f{ ZO om -, 15 --< :;0;,. :::;;;; - .. .. """""'! "I I, 'I i II 'I I 1 :1 ft1 Xl Johnson, Duffle, Stewart & Weidner By: K¢irstcn W. Davidson I.D. No. 78243 301 Market Street P. O. Box 109 Lemoyn¢, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiffs VERONICA d. MURRAY and ALMA A. MURRAy, Plaintiffs ANTHONY E. SEATON, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000- .~'.~.2~ CIVIL TERM CIVIL ACTION - LAW IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiffs are Veronica J. Murray, hereinafter referred to as "MOTHER," who resides at 115 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania 17043; and Alma A. Murray, hereinafter referred to as "MATERNAL GRANDMOTHER," who resides at 115 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania 17043. 2. The Defendant is Anthony E. Seaton, Jr., hereinafter referred to as "FATHER," who resides at 779 Heck Hill, Apt. B, Lewisberry, Pennsylvania 17339. 3. Plaintiffs seek custody of the following child: TIANA RAE SEATON, age five and a half (5~), whose date of birth is September 30, 1994. 4. The child was born out of wedlock. 5. The child is presently in the custody of MOTHER and MATERNAL GRANDMOTHER, who reside together at 115 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania 17043. 6. Since birth, the child has resided with the following persons at the following addresses: A. From birth until approximately January of 1996, with MOTHER and FATHER at 12 Charles Street, Lot 7, Highspire, Pennsylvania. B. From approximately January 1996 until February 1996, with MOTHER in Highspire, Pennsylvania, and with FATHER at 12 Charles Street, Lot 7, Highspire, Pennsylvania. C. From approximately February 1996 until December of 1996, with MOTHER at 12 Charles Street, Lot 7, Highspire, Pennsylvania, and with FATHER in Stdnestown- Newberry, Pennsylvania. D. From approximately January of 1997 until May 1997, with MOTHER on a primary basis at 12 Charles Street, Lot 7, Highspire, Pennsylvania, and with FATHER on a partial basis in New Cumberland, Pennsylvania. E. From approximately June 1997 through September 1997, with MOTHER in Harrisburg and Highspire, Pennsylvania, and with FATHER in York Haven, Pennsylvania and at 115 Bosler Avenue, Lemoyne, Pennsylvania with MATERNAL GRANDMOTHER. F. From approximately October 1997 through December 1997, with FATHER in York Haven and Manchester, Pennsylvania, and with MOTHER in Highspire, Pennsylvania. G. From approximately January 1998 until March 1998, with FATHER in York Haven, Pennsylvania, and with MOTHER in Harrisburg, Pennsylvania. H. From approximately March 1998 through November 1998, with Tammy Davidson, MOTHER's sister, at 615 N. Third Street, West Fairview, Pennsylvania. I. From December 1998 through January 2000, with MATERNAL GRANDMOTHER at 115 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania 17043. J. From January 2000 until present, with MATERNAL GRANDMOTHER and MOTHER at 115 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania 17043. 7. The mother of the child is Plaintiff, Veronica J. Murray. She is single. 8. The maternal grandmother of the child is Plaintiff, Alma A. Murray. She is single. 9. The father of the child is Defendant, Anthony E. Seaton, Jr. He is single. 10. The relationship of Plaintiffs to the child are that of natural mother and natural grandmother. Plaintiffs currently reside with the following persons: Each other and the minor child. 11. The relationship of Defendant to the child is that natural father. The Defendant currently resides with the following persons; Jamie Etter - girlfriend and Shaye Etter Seaton - daughter. 12. Plaintiffs have not participated as a party or witness, or in any other capacity, in any other litigation concerning the custody of the child in this or another court. 13. Plaintiffs have no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 14. Plaintiffs do not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 15. The best interest and permanent welfare of the child will be served by granting the relief requested because: A. Plaintiff, MATERNAL GRANDMOTHER, has been the child's primary caretaker for the past approximately one and a half (1¼) years. B. Plaintiff, MATERNAL GRANDMOTHER, has been the one and only stable force in the minor child's life since her birth. C. Plaintiff, MATERNAL GRANDMOTHER, is able to provide a stable and loving environment for the child. D. The child has developed a close emotional relationship with Plaintiffs. E. Plaintiffs' work schedule allows them to spend significant amounts of quality time with the child. F. FATHER has been in and out of jail repeatedly during the course of the child's life and has been unable to provide a stable environment for her since birth. G. FATHER fails to keep MOTHER and MATERNAL GRANDMOTHER informed with respect to his whereabouts. 16. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiffs request the Court to grant them primary custody of the minor child, TIANA RAE SEATON, subject to liberal periods of partial custody with the Defendant as the parties can mutually agree. Plaintiffs further request that a custody conciliation be scheduled in the immediate future. Given FATHER's recent move from the area to Lewisberry without any notice to Plaintiffs, Plaintiffs intend to keep the minor child with them until a custody conciliation has been scheduled. FATHER is welcome to visit with the child at Plaintiffs' home any time he would like. Respectfully submitted, :136563 JOHNSON, DUFFLE, STEWART & WEIDNER eirsten W. Davidson We, Alma A. Murray and Veronica J. Murray, verify that the statements made in the foregoing Complaint for Custody are true and correct to the best of our knowledge, information and belief. We understand that false statements made herein are subject to the penalties of 18 Pa.C.S. {}4904 relating to unsworn falsification to authorities. Dated: AIm~ ,~. Murray' VERONICA J. MURRAY and ALMA A. MURRAY, Plaintiffs ANTHONY E. SEATON, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-,~ 5,2,~ ~ CIVIL TERM CIVIL ACTION - LAW IN CUSTODY You, ANTHONY E. SEATON, JR., Defendant, have been sued in court to obtain custody, partial custody or visitation of the minor child, TIANA RAE SEATON. You are ordered to appear in person at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania on ,2000, at , .M., for a conciliation or mediation conference. a pretrial conference. a hearing before the court. If you fail to appear as provided by this Order, an Order for custody, partial custody or visitation may be entered against you or the Court may issue a warrant for your arrest. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. FOR THE COURT, By: J. VERONICA J. MURRAY AND ALMA A. MURRAY PLAINTIFF V. ANTHONY E. SEATON, JR. DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-5225 CIVIL ACTION LAW IN CUSTODY AND NOW, this 3rd day of_ August ,2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear beforeMelissa P. Greevy, Esq. _, the conciliator, at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on the ~28th day of August ,2000, at 11:00 a.m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: /s/ Melissa P. Greevv. EsaU. Custody Concili'ator ~ 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 betbre the court. You must attend the scheduled conference or hearing. ~ YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Johnson, Duffle, Stewart & Weidner By: Keirsten W. Davidson I.D. No. 78243 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attomeys for Plaintiffs VERONICA J. MURRAY and ALMA A. MURRAY, Plaintiffs ANTHONY E. SEATON, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-5225 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that on the 31st day of July, 2000, that I served a true and correct copy of the Complaint for Custody upon the Defendant, Anthony E. Seaton, Jr., by cedified mail, restricted delivery, to his mailing address at 779 Heck Hill, Apt. B, Lewisberry, Pennsylvania 17339, return receipt requested, attached hereto and made a part hereof. Date: August 10, 2000 JOHNSON, DUFFLE, STEWART & WEIDNER Keirsten W. Davidson :136563-7 Z 200 146 589 ~ US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. DO not use for International Mail SENDER: · o 3. Article Addressed to: I also wish to receive the follow- ing services (for an extra fee): 1. [] Addressee's Address 2. ~Restricted Delivery 4b. Service Type ~1 Registered ~[~j),"C ert if i ed [] Express Mail r-I Insured [] RetumReceiptforMerchandlse •COD 5. ~ecei~{e~ BY~l (Print ~ame)~, t %. ~ I8, Addressee s Address (Oniy if req~e~ted ~nd- -- PS ~o~ 3811, ~ember 19~ ~ 102595-gg-B 0223 Domestic Return Receipt ,) VERONICA J. MURRAY and ALMA A. MURRAY, Plaintiffs, ANTHONY A. SEATON, JR. Defendant. SEP 0 1 ZO00~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 00-5225 Civil Action - Law IN CUSTODY AND NOW, this 't""""""""'~ day of ,2000, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. ~. The parties shall have shared legal custody of the minor child, Tiana Rae Seaton, born September 30, 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 Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of this paragraph, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. They shall also, in a timely fashion, share information with each other regarding the Child's extracurricular activities, school schedule, homework, and parent-teacher conferences. 2. ~ The parties shall share physical custody of their Daughter according to the following schedule: A. Father shall be entitled to custody three of four weekends in a calender month from Friday after school until Sunday at 7:30 p.m. It is expected that the parties shall be cooperative in choosing which weekends shall be Father's custodial weekend, No. 00-5225 subject to reasonable notice to each other. B. Father shall be entitled to custody on Tuesday and Thursday evenings from 4:00 p.m until 7:30 p.m. In the event that Father's work schedule is such that he cannot be present for his mid-week custody, Mother shall cooperate to allow a compensatory evening with the goal in mind of allowing the child frequent and continuing contact with both parents. C. At all other times the child shall be with Mother, subject to the holiday schedule in paragraph D. D. Holidays. Christmas shall be divided into two segments, Segment A and Segment B. Segment A shall be from December 24 at Noon until December 25 at Noon. Segment B shall be from December 25 at Noon until 8:00 p.m. December 27 at 8:00 p.m. In even numbered years Father shall have Segment A and Mother shall have Segment B. In odd numbered years Mother shall have Segment A and Father shall have Segment B. The holidays of: Labor Day, Thanksgiving, New Year's Eve and New Year's Day, Easter, Memorial Day and July 4 shall be alternated as agreed upon by the parties. Father shall have July 4, 2001. 3. TransDortation. Until such time as Father is able to obtain his Drivers' License again, Mother shall provide all transportation. After Father has a valid Drivers' License, he shall provide transportation at the beginning of his custodial periods. 4. Respectful interactions. Each of the parties and any third parties in the presence of the child and the party shall take all measures deemed advisable to foster a feeling of affection between the child and the other party. Neither party shall do anything wich may estrange the other party or injure the child's opinion of the parent or which may hamper the free and natural development of the child's love and respect for the other parent. 5. Intoxicatina substances. During any period of custody the parties to this order shall not possess or use any controlled substance, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the No. 00-5225 extent possible, that other household members and/or house guests comply with this prohibition. 6. This order is temporary in nature. The parties shall follow the schedule set forth herein for a period of at least 60 days. In the event either party believes the custody arrangements are not serving the best interest of the child, counsel for either party or a party, pro se, may contact the Conciliator within 30 days of the expiration of the 60 day period to schedule an additional Custody Conciliation Conference. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the terms of this order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. CC: BY THE COURT, Keirsten W. Da¥idson, F:squire, Counsel for Plaintiffs ^nthony fi. Seaton, ,Ir. Defendant SEP 01 000 VERONICA J. MURRAY and ALMA A. MURRAY, Plaintiffs, ANTHONY E. SEATON, JR. Defendant. IN THE COURT OF' COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-5225 Civil Term IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNT RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLYIN CUSTODY OF Tiana Rae Seaton September 30, 1994 Mother and Maternal Grandmother 1. A Conciliation Conference was held on August 28, 2000 with the following individuals present: Father, Anthony E. Seaton, Pro Se; Mother, Veronica J. Murray, Maternal Grandmother Alma A. Murray and their counsel, Keirsten W. Davidson, Esquire. The parties agreed to the entry of an Order in the form as attached. Mel}'s~ Peel Gre~vy, Esquire Custody Conciliator VERONICA J. MURRAY AND ALMA A. MURRAY PLAINTIFF ANTHONY A. SEATON, JR. DEFENDANT IN THE COURT OF COMMON PLEAS OI CUMBERLAND COUNTY, PENNSYLVANIA 00-5225 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, September 06, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear be~bre g_acqueline M. Verney, Esq. _, the conciliator, at 4thFIoor, Cumberland County Courthouse, Carlisle on Friday, September20,2002 at 1:30 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 a~e five or older may also be l~resent at the conference. Failure to apl~ear 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 hearin~. FOR THE COURT, By: /s/ ]acqueline M. Verney, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE Tile OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 VERONICA J. MURRAY and ALMA A. MURRAY, Plaintiffs ANTHONY A. SEATON, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5225 Civil Term CIVIL ACTION - LAW IN CUSTODY INTERIM ORDER OF COURT AND NOW, this __ day of 2002, upon consideration of the attached Petition for Contempt, the Respondent/Defendant, Anthony A. Seaton, Jr., is ordered and directed to return the minor child, Tiana Rae Seaton, to the care, control, and custody of the Petitioner, Veronica J. Murray, until further Order of Court. BY THE COURT: :162186.1 VERONICA J. MURRAY and ALMA A. MURRAY, Plaintiffs ANTHONY A. SEAT©N, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5225 Civil Term CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT You, Anthony A. Seaton, Jr., Defendant, have been sued in coud to obtain custody, partial custody or visitation of the minor child: Tiana Rae Seaton. You are ordered to appear in person at the Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania on ,2002, at __, .M., for a conciliation or mediation conference. a pretrial conference. a hearing before the court. If you fail to appear as provided by this Order, an Order for custody, partial custody or visitation may be entered against you or the Court may issue a warrant for your arrest. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by taw to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. FOR THE COURT, By:. :162186.2 j, Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiffs VERONICA J. MURRAY and ALMA A. MURRAY, Plaintiffs ANTHONY A. SEATON, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5225 Civil Term CIVIL ACTION - LAW IN CUSTODY PETITION FOR CONTEMPT AND NOW, this 30th day of August 2002, comes the Plaintiff, Veronica J. Murray, by and through her attorneys, Johnson, Duffle, Stewart & Weidner, and files this Petition for Contempt, and in support thereof avers as follows: 1. Petitioner/Plaintiff, Veronica J. Murray, is an adult individual currently residing at 98 Front Street, West Fairview, Cumberland County, Pennsylvania 17025. 2. Respondent/Defendant, Anthony A. Seaton, Jr., is an adult individual currently residing at 5145 Susquehanna Trail, Lot #70, Donna Street, York, York County, Pennsylvania 17402. 3. The Petitioner, Veronica J. Murray, and the Respondent, Anthony A. Seaton, Jr., are the natural parents of a minor child, Tiana Rae Seaton, whose date of birth is September 30, 1994. 4. On or about June 26, 2000, Petitioner and her mother, Alma A. Murray, filed a Complaint in Custody to the docket number captioned above. 5. Following a custody conciliation conference held on August 28, 2000, an Order of Court was entered pursuant to Stipulation conferring primary physical custody of the minor child to the Petitioner, Veronica J. Murray, and partial physical custody to the Respondent, Anthony A. Seaton, Jr., on three of every four weekends in a calendar month from Friday after school until Sunday at 7:30 p.m., and Tuesday and Thursday evenings from 4:00 p.m. until 7:30 p.m. 6. On August 25, 2002, the Respondent failed to return the child to the custody of the Petitioner, and has continued to refuse to relinquish custody according to the existing Order. At the time of filing of this Petition, the child still has not been returned to the Petitioner, Veronica J. Murray, as per the Order of September 5, 2000, a true and correct copy of which is attached hereto and incorporated herein as Exhibit 7. By virtue of the Respondent's actions, the child is not going to be promptly enrolled in school in the West Shore School District where she will again attend this year. WHEREFORE, the Petitioner, Veronica J. Murray, respectfully requests this Honorable Court enter an Interim Order directing that the child be returned to Petitioner's care, control, and custody according to the Order of Court dated September 5, 2000, and schedule a custody conciliation to further address the Respondent's actions. :162183 Respectfully submitted, JOHNSON, DUFFLE, STEWART WEIDNER By: IV~rkC. Duffie (/ / Attorney I.D. No.'75906 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 Attorneys for Plaintiff I, Mark C. Duffle, attorney for PetitionedPlaintiff, Veronica J. Murray, state that I am authorized to 'hake this Verification on her behalf, and that the statements made in the foregoing Petition for Contempt are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Dated: JOHNSON, DU F FIE, ~_~,,~WEIDNER AMtfoa~rnCe~Di.UDff. i~lo.-~59(06 SEP 0 1 ~00~,~.~~ VERONICA J. MURRAY and ALMA A. MURRAY, Plaintiffs, ANTHONY A. SEATON, JR. Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 00~5225 Civil Action - Law IN CUSTODY ORDER OF COURT ANDNOW, this .~ day of _~/~Ur~ ~.~ ], 2000, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties shall have shared legal custody of the minor child, Tiana Rae Seaton, born September 30, 1994. Each parent shall have an equal right, to be exercised jointly with the other parent, to make ali major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of this paragraph, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. They shall also, in a timely fashion, share information with each other regarding the Child's extracurricular activities, school schedule, homework, and parent-teacher conferences. 2. Physical Custody. The parties shall share physical custody of their Daughter according to the following schedule: A. Father shall be entitled to custody three of four weekends in a calender month from Friday after school until Sunday at 7:30 p.m. It is expected that the parties shall be cooperative in choosing which weekends shah be Father's custodial weekend, No. 00-5225 subject to reasonable notice to each other. B. Father shall be entitled to custody on Tuesday and Thursday evenings from 4:00 p.m until 7:30 p.m. In the event that Father's work schedule is such that he cannot be present for his mid-week custody, Mother shall cooperate to allow a compensatory evening with the goal in mind of allowing the child frequent and continuing contact with both parents. C. At all other times the child shall be with Mother, subject to the holiday schedule in paragraph D. D. Holidays. Christmas shall be divided into two segments, Segment A and Segment B. Segment A shall be from December 24 at Noon until December 25 at Noon. Segment B shall be from December 25 at Noon until 8:00 p.m. December 27 at 8:00 p.m. In even numbered years Father shall have Segment A and Mother shall have Segment B. In odd numbered years Mother shall have Segment A and Father shall have Segment B. The holidays of: Labor Day, Thanksgiving, New Year's Eve and New Year's Day, Easter, Memorial Day and July 4 shall be alternated as agreed upon by the parties. Father shall have July 4, 2001. 3. Transportation. Until such time as Father is able to obtain his Drivers' License again, Mother shall provide all transportation. After Father has a valid Drivers' License, he shall provide transportation at the beginning of his custodial periods. 4. Respectful interactions. Each of the parties and any third parties in the presence of the child and the party shall take all measures deemed advisable to foster a feeling of affection between the child and the other party. Neither party shall do anything wich may estrange the other party or injure the child's opinion of the parent or which may hamper the free and natural development of the child's love and respect for the other parent. 5. intoxicating substances. During any period of custody the parties to this order shall not possess or use any controlled substance, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the No. 00-5225 extent possible, that other household members and/or house guests comply with this prohibition. 6. This order is temporary in nature. The parties shall follow the schedule set forth herein for a period of at least 60 days. in the event either party believes the custody arrangements are not serving the best interest of the child, counsel for either party or a party, pro se, may contact the Conciliator within 30 days of the expiration of the 60 day period to schedule an additional Custody Conciliation Conference. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the terms of this order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, CC~ Keirsten W.Davidson, Esquire, Counsel for Plaintiffs Anthony E. Seaton, Jr. Defendant VERONICA J. MURRAY and ALMA A. MURRAY, Plaintiffs, ANTHONY E. SEATON, JR. Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-5225 Civil Term IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNT RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Tiana Rae Seaton September 30, 1994 Mother and Maternal Grandmother 1. A Conciliation Conference was held on August 28, 2000 with the following individuals present: Father, Anthony E. Seaton, Pro Se; Mother, Veronica J. Murray, Maternal Grandmother Alma A. Murray and their counsel, Keirsten W. Davidson, Esquire. The parties agreed to the entry of an Order in the form as attached. Custody Conciliator OCT 0 8 ZO0~ VERONICA J. MURRAY and ALMA A. MURRAY, Plaintiffs V. ANTHONY A. SEATON, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2000-5225 CIVIL TERM : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this [[~) day of ~/~ ,2002, upon consideration of the attache--~ustody Conciliation Report, it is ordered and directed as follows: The prior Order of Court dated September 5, 2000 is hereby vacated. The Petition for Contempt filed September 4, 2002 is hereby withdrawn. 3. The Mother, Veronica J. Murray and the Father, Anthony A. Seaton, Jr., shall have shared legal custody of Tiana Rae Seaton, bom September 30, 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 Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of this paragraph, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. They shall also, in a timely fashion, share information with each other regarding the Child's extracurricular activities, school schedule, homework, and parent-teacher conferences. Father shall have primary physical custody of the Child. Mother shall have periods of partial physical custody as follows: A. Alternating weekends beginning October 11, 2002 from Friday after school to Sunday at 7:30 p.m. B. Every Tuesday and Thursday evenings from 4:00 p.m. to 7:30 p.m. C. Such other times as the parties agree. 6. Christmas shall be divided into two Blocks. Block A shall run from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall run from Christmas Day at 12:00 noon to December 27 at 8:00 p.m. Mother shall have Block A in even numbered years and Block B in odd numbered years. Father shall have Block A in odd numbered years and Block B in even numbered years. 7. Father shall have custody of the Child on Thanksgiving and Easter. Mother shall have custody of the Child on Mother's Day; Father shall have custody of the Child on Father's Day. All other holidays shall be as agreed by the parties. 8. Transportation shall be shared by the parties such that the receiving party shall be responsible for transportation. 9. The Child's maternal grandfather, Ronald Murray, shall not have overnight visitation with the Child. 10. This Order is entered pursuant to the agreement of the parties at a Custody Conciliation Conference. The parties may modify the terms of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: Jennifer Heverly, certified legal intern, for Father Lucy Johnston-Walsh, Esquire, Family Law Clinic Veronica J. Murray, pro se 98 Front Street West Fairview, PA 17025 VERONICA J. MURRAY and ALMA A. MURRAY Plaintiffs V. ANTHONY A. SEATON, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLVANIA : 2000-5225 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, J. 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 Child who is the subject of this litigation is as follows: NAME Tiana Rae Seaton DATE OF BIRTH CURRENTLY IN CUSTODY OF September 30, 1994 Father 2. A Conciliation Conference was held in this matter on October 8, 2002. The Mother, Veronica J. Murray, appeared pro se. Father, Anthony A. Seaton, Jr., appeared with Jennifer Heverly, certified legal intern of the Family Law Clinic and Lucy Johnston-Walsh, Esquire. Mother had filed a Petition for Contempt, but withdrew it at the conference. 3. A prior Order of Court, dated September 5, 2000, was entered by the Honorable Edgar B. Bayley, granting shared legal custody and shared physical custody of the child. 4. The parties agreed to the entry of the Order attached. Date ' '~ Esquire 3 m y, Custody Conciliator VERONICA J. MURRAY and ALMA A. MURRAY, Plaintiffs VS. ANTHONY E. SEATON, JR., Defendant : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 2000-5225 ,CIVIL TERM : : C1VIL ACTION - AT LAW : CUSTODY PETITION TO MOI~II?V CII~TOI~V ORDEI~ AND NOW, the Petitioner, Veronica J. Murray, by and through her attorney, Jeann6 B. Costopoulos, Esquire, makes the following Petition to Modify Custody: 1. The Petitioner, Plaintiff above, Veronica J. Murray (hereinafter referred to as "Mother") is an adult individual who currently resides at 98 Front Street, West Fairview, Pennsylvania 17025. 2. The Respondent, Anthony E. Seaton, Defendant above (hereinafter referred to as Father), is an adult individual who currently resides at 5145 North Susquehanna Trail, Lot 70, York, Pennsylvania 17402. 3. Mother seeks modification of an Order of Court dated October 10, 2002 regarding the following child: Name Tiana Rae Seaton Pre~ent Residence Age 5145 N. Susquehmma Trail, Lot 70 8 years York, PA 17402 DOB 9/30/94 The relationship of the petitioner Mother to the clhild is that of mttural mother. The relationship of the respondent Father to the child is that of natural father. Mother previously filed a complaint jointly with her mother, Alma A. Murray, at the above docket number and an agreed upon order of court was entered on October 10, 2002. This order is attached as Exhibit A. 6. Petitioner does not know of a person not a party to the proceedings who has physical custody of the child or claims to have physical custody or visitation rights with respect to the child. 7. The best interests of the child and permanent welfare of the child will be served by modifying the October 10, 2002 Order of Court such that Mother is granted primary physical of the child subject to periods of partial custody with Father for the following reasons: (a) The October 10, 2002 Order was entered pursuant to an agreement by the parties. Mother agreed to the Order for the sole reason that the child desired to reside with Father at that time. (b) The child no longer wishes to reside with Father and the child is not being properly cared for in Father home. (c) Father's home is unkempt with too many pets and the child shares a room with too many additional people. (d) The child's grades in school have dropped significantly since she moved in with Father. WHEREFORE, Mother respectfully requests this Hono:rable Court to modify its October 10, 2002 Order and grant her primary physical custody of her daughter subject to periods of partial physical custody with Father. Dated: Respectfully submitted, Jean~ B. Costopoulos, Esquire ATTORNEY FOR PLAI/qTIFF VERONICA J. MURRAY 5000 Ritter Road, Suite 2(}2 Mechanicsburg, PA 17055 Phone: (717) 790-9546 Supreme Ct. ID No. 6873.5 VERONICA J. MURRAY and ALMA A. MURRAY, Plaintiffs VS. ANTHONY E. SEATON, JR., Defendant : THE COURT OF COMMON PLEAS OF : CUMBERLAND, COUNTY, PENNSYLVANIA : : No. 2000-5225 CIVIL TERM : : CIVIL ACTION - AT LAW : CUSTODY VI~RIFIC lTIOhl I, Veronica J. Murray, hereby verify that the statements made in the foregoing Petition to Modify Custody are tree 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: '-]-,~_~' 0 ~ Signature: Veronica J. Murray VERONICA J. MURRAY and ALMA A. MURRAY, Plaintiffs VS. ANTHONY E. SEATON, JR., Defendant : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 2000-5225 CWIL TERM : CIVIL ACTION - AT LAW : CUSTODY CERTIi~ICATi~, OF ,~ERVld-~iZ I, Jeann6 B. Costopoulos, Esquire, hereby certify that this day I served a copy of the attached Order of Court upon the person(s), 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, ~xough first class mail, prepaid, and addressed as follows: Anthony E. Seaton, Jr. 5145 N. Susquehanna Trail, Lot 70 York, PA 17402 Alma A. Murray 115 Bosler Avenue Lemoyne, PA 17043 DATED: 7,5/03 BY: Jear(~e B. Costopoulos, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Phone: (717) 790-9546 Supreme Ct. ID No. 68735 EXHIBIT A VERONICA J. MURRAY and ALMA A. MURRAY, Plaintiffs V. ANTHONy A. SEATON, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000-5225 CIVIL TERM · CIVIL ACTION .- LAW : IN CUSTODY ORDER OFCOURT ANDNOW, this /~? dayof /r~e_~t~o~ ...,2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated September 5, 2000 is hereby vacated. 2. The Petition for Contempt filed September 4, 2002 is hereby withdrawn. 3. The Mother, Veronica J. Murray' and the Father, Anthony A, Seaton, Jr., shall have shared legal custody of Tiana Rae Seaton, born September 30, 1994. Each parent shall have an equal right, to be exercised jointly ,a 'th the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, bu not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of this paragraph, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the ot!her parent within such reasonable time as to make the records and information of reasonable use to the other parent. They shall also, in a timely fashion, share information with each other regarding the Child's extracurricular activities, school schedule, homework, mid parent-teacher conferences. 4. Father shall have primary physical custody of the Child. Mother shall have periods of partial physical custody as follows: A. Alternating 5veekends beginning October 11, 2002 from Friday after school to Sunday at 7:30 p.m. B. Every Tuesday and Thursday evenings fi'om 4:00 p.m. to 7:30 p.m. C. Such other times as the parties agree. 6. Christmas shall be divided into two Blocks. Block A shall mn from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall run from Christmas Day at 12:00 noon to December 27 at 8:00 p.m. Mother shall have Block A in even numbered years and Block B in odd numbered years. Father shall have Block A in odd numbered years and Block B in even numbered years. 7. Father shall have custody of the Child on Thanksgiving and Easter, Mother shall have custody of the Child on Mother's Day; Father shall have custody of the Child on Father's Day. All other holidays shall be as agre, ed by the parties. 8. Transportation shall be shared by the parties such that the receiving party shall be responsible for transportation. 9. The Child's maternal grandfather, Ronald Murray, shall not have overnight visitation with the Child. 10. This Order is eutered pursuant to the agreement of the parties at a Custody Conciliation Conference. The parties may modify the terms of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, dgar B?Bayley, ~ / cc: Jennifer Heverly, certified legal intern, for Father Lucy Johnston-Walsh, Esquire, Family Law Clinic Veronica J. Murray, pro se 98 Front Street West ~,airview, PA 17025 VERONICA J. MURRAY and ALMA A. MURRAY ' Plaintiffs V. ANTHONY A. SEATON, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA 2000-5225 CIVIL TERM CIVIL ACTION ' LAW IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, J. CUSTODY CONCILIATION SUMMARY REPOR,T. IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, thc undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME Tiana Rae Seaton DATE OF BIRTH CURRENTLY IN CUSTODY OF September 30, 1994 Father 2. A Conciliation Conference was held in this matter on October 8, 2002. The Mother, Veronica J. Murray, appeared pro se. Father, Anthony A. Seaton, Jr., appeared with Jennifer Heverly, certified legal intern of the Family Law Clinic and Lucy Johnston-Walsh, Esquire. Mother had filed a Petition for Contempt, but withdrew it at the conference. 3. A prior Order of Court, dated September 5, 2000, was entered by the Honorable Edgar B. Bayley, granting shared legal custody and shared physical custody of the child, 4. The parties agreed to the entry of the Order attached. Date (O~cqd~line M. Vemey, Esquire Custody Conciliator VERONICA J. MURRAY and, ALMA A. MURRAY, Plaintiff V. ANTHONY A. SEATON, JR., Defendant 2003 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2000-5225 CIVIL TERM : IN CUSTODY ORDER OF COURT AND NOW, this ~7~.~£~day of ~. ,2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in CourtRoom No. o~, , of the Cumberland County Court House, on the ~ day of ~-ff~ ~ ~f~ ,2004, at 5/.~ o'clock, /4[ . M., at which time testimony will be taken. For purposes of this Hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Order of Court dated October 10, 2002 shall remain in full force mad effect. BY. THE COUi~ i cc: Jeanne B. Costopoulos, Esquire, counsel for Mother Laura Mammana, certified legal intern, counsel for Father Anne MacDonald-Fox, Esquire, Family Law Clinic VERONICA J. MURRAY and, ALMA A. MURRAY, Plaintiff ANTHONY A. SEATON, JR., Defendant DEC 2 2 2003 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2000-5225 CIVIL TERM : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Concihator submits thc following report: I. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME Tiana Rae Seaton DATE OF BIRTH CURRENTLY IN CUSTODY OF September 30, 1994 Father 2. A Conciliation Conference was held December 18, 2003 with the following individuals in attendance: The Mother, Veronica Murray, with her counsel, Jeanne B. Costopoulos, Esquire, and the Father, Anthony A. Seaton, Jr. with his counsel Laura Mammana, certified legal intern and Anne MacDonald-Fox, Esquire, Family Law Clinic. 3. The Honorable Edgar B. Bayley entered Orde. rs of Court dated October 10, 2002 and September 8, 2003 providing for shared legal custody, Father having primary physical custody, with Mother having periods &partial physical custody on alternating weekends and every Tuesday and Thursday evening. In October, Mother filed for a modification requesting primary physical custody be transferred to her. At that time, she maintained that the Child, age 9, had indicated a preference to live with Mother. The parties agreed in October for the Child to have a psychological evaluation. The Child completed the psychological evaluation with Deborah Salem, CAC, LPC. The psychological indicated that the Child did indicate a preference to the psychologist. 4. Mother's position on custody is as follows: Mother is seeking shared legal and primary physical custody of the Child. She maintains that the Child has indicated a preference to live with her. The Child apparently complains that Father smokes and drinks and is frequently angry. Mother has appropriate living arrangements for the Child. Mother has custody of her other two children. 5. ather s pos~t~on on custody is as follows: Father believes that the status quo should continue with him having primary physical custody. He suggest that the Child is emotionally stable and doing well academically mad behaviorally in school. He maintains that a transfer of custody would empower the Cihild to control the situation. Mother has not exercised her visitation during the week for one year. There is no open case with Children & Youth. Father suggests that Mother does not have adequate housing for the Child. Father remodeled his trailer to accommodate the Child. A change in primary physical custody would necessitate a change of schools which would be disruptive to her. Father has had primary physical custody of the Child since October, 2002 and Father asserts that Mother has never had primary physical custody of the Child. Lastly Father does not work, he is on disability and is home at all times for the Child 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and continuing the status quo. It is expected that the Hearing will require one day. Date Jacqueline M. Verney, Esquire Custody Conciliator VERONICA J. MURRAY and ALMA A. MURRAY, Plaintiffs ANTHONY A. SEATON, JR., Defendant : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 00-5225 CIVIL ACTION - LAW : : CUSTODY PI ,A1NTII~g MOTION TO AND NOW, comes the Plaintiff, Veronica J. Murray by and through her attorney, Jeann6 B. Costopoulos, Esquire, and respectfully represents the following in support of PlainthTs Motion to Reopen Record: 1. Plaintiffis Veronica J. Murray, who resides at 98 Front Street, West Fairview, Pennsylvania, 17025. 2. Defendant is Anthony E. Seaton, who formerly resided at 5145 North Susquehanna Trail, Lot 70, York, Pennsylvania, 17402; however, as a result ora Protection fi.om Abuse Final Order, dated April 2, 2004 (presented herewith as Exhibit "A") Defendant's new address is 140 Cloverleaf Road, York, Pennsylvania. 3. The parties are the parents of one child, Tiana Rae Seaton, 8 years of age, date of birth September 30, 1994. 4. The parties have shared legal custody of the child. 5. The custody of the child is the subject of ongoing litigation between the parties. 6. A hearing on this matter was held before This Honorable Court on March 1, 2004. 7. Subsequent to that hearing, on or about March 27, 2004, Defendant's paramour, Robin Platt, filed a Request for Emergency PFA, presented here. with as Exhibit "B," wherein she claims the Defendant "kicked in the fi'ont door and bedroom door...he started pushing her around, threw the TV and VCR on the floor, hit her with the laptop...got a screwdriver and held it to back of her head and threatened to kill her and her daughter...threatened to set trailer on fire and attempted to set a fire." See, Written Statement as to Events Leading up to Request for PFA, Exhibit "B." 8. It is also believed, and therefore alleged, that Delbndant was arrested for criminal charges including DUI and Terroristic Threats (against Ms. Piatt) at some time during the last week of March, 2004. 9. It is Plaintiff's contention that, given Defendant's violence against his paramour, the entry ofa PFA order, and the possibility that criminal charges have been filed against him, Defendant should be required to provide detailed information to This Honorable Court so that said information can be weighed and taken into consideration pending a final determination of custody. WHEREFORE, Plaintiffprays This Honorable Court will 10~nt her Motion to Reopen Record, and require Defendant to provide detailed information regarding the basis of any criminal charges fled against him, either by permitting additional testimony in this matter or, in the alternative, scheduling a conference call between This Honorable Court and counsel for the parties. Dated: Respectfully submitted: The Executive Offices at Rossmoyne 5000 Ritter Road, Suite 202, P.O. Box 779 Mechanicsburg, PA 17055 Phone: (717) 790-.9546 Supreme Ct. ID No. 68735 ATTORNEY FOR. PLAINTIFF VERONICA J. MURRAY and ALMA A. MURRAY, Plaintiffs ANTHONY A. SEATON, JR., Defendant : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 00-5225 CIVIL ACTION - LAW : CUSTODY /'~F,I~TIFIUtATF~ OF ~ERVIC'E I, Jeann~ B. Costopoulos, Esquire, hereby certify that I tan this day serving a copy of the foregoing document upon the persons, and in the manner, indicated below, which service satisfies tl~ requirements of the PA Rules of Civil Procedure, by deposit:hag a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class marl, prepaid, and addressed as follows: Abigail J.W. Salawage Family Law Clinic The Dale F. Shughart Community Law Center 45 North Pitt Street Carlisle, PA 17013-2899 BY: Jeann6 B. Costopoalos, Esquire The Executive Offices at Rossmoyne 5000 Ritter Road, Suite 202, P.O. Box 779 Mechanicsburg, PA 17055 Phone: (717) 790-!9546 Supreme Ct. ID Nc,. 68735 ATTORNEY FOR PLAINTIFF EXHIBIT "A" Robin L Piatt Plaintiff Anthony E Seaton Jr. Defendant : IN' THE COURT OF COMMON : PLEAS : YORK COUNTY, : PENNSYLVANIA No. 2004-FC-000629-YI 2 CIVIL ACTION - LAW PROTECTION FROM ABUSE FINAl, ORDER OF COURT Defendant's Name: Anthony E Seaton Jr. Defendant's Date of Birth: May 22, 1972 Defendant's Social Security Number: 186-58-7761 Names and Dates of Birth of All Protected Persons, including Plaintiffand minor children: Names Robin L Platt Dates of Birth September 12, 1974 Plaintiffor Protected Person(s) is/are: [ ] spouse or former spouse of Defendant [ ] parent of a common child with Defendant IX] current or former sexual or intimate partner with Defendant [ ] child of Plaintiff [ ] child of Defendant [ ] family member related by blood (consanguinity) to Defendant [ ] family member related by marriage or affinity to Defendant [ ] sibling (person who shares biological parenthood) of Defendant [ ] current or former cohabitant (person who lives with) Defendant. Defendant was served in accordance with Pa. R.C.P. 1930.4 and provided notice of the time, date and location of the hearing scheduled in this matter. Appearances by Parties and/or Counsel: · Piaintiffappeared personally and is represented by: Anthony J Foschi, Attorney at Law · Defendant appeared personally and is unrepresented. AND NOW, this 2nd Day of April, 2004 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DiECREED as follows: Upon agreement of the parties for the entry of a consent order, this order will be entered with admission of liability by the defendant and with a finding of abuse by this court: This is a NO CONTACT ORDER. Plaintiff's request for a f'mal protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten or attempt to use physical force that would reasonably be expected to cause bodily injury to the Plaintiffor any other protected person in any place where they might be found. 2. Defendant is prohibited bom having ANY CONTACT with the Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiffs school, business, or place of~.nnployment. Defendant is specifically ordered to stay away from the following locations for the duration &this order. 5145 Susquehanna Trail, York PA 17402 or any other residence where Plaintiff may five. 3. Defendant shall not contact the Plaintiff, or any other person protected under this Order, by telephone or by any other means, including t]hrough third persons. 4. The costs of this action are waived as to the Plaintiffand imposed on Defendant, as follows: DEFENDANT shall pay the costs of this action to the Prothonotary of York County within (6) months from the date of this Order pursuant to the following instructions. This Court Order requires you to pay the court costs with respect to a Protection from Abuse Action (PFA). The court costs are to be paid to the Prothonotary of York County, whose office is located on the 1st Floor of the York County Court House, 28 East Market Street, York, PA 17401; telephone number (717) 771-4393. It is your responsibility to contact the York County Prothonotary's Office to determine the exact amount of the costs and to make arrangements for payment. The Prothonotary will have the amount of your costs approximately 48 hours after the Court has entered its Order directing you to pay PFA costs. The usual court costs for a PFA Action are approximately $175.00. The costs may vary from case to case. You may make installmen,t payments so long as the full amount of costs are paid within the time period sell forth in the Court's Order. It is your obligation to notify the York County Prothonotary's Office of any change in you mailing address or place of residence within 48 hours of such change. The Prothonotary's Office only accepts cash, money orders, or certified checks; they do not accept personal checks. THE PROTHONOTARY'S OFFICE DOES NOT SEND OUT BILLS. IT IS YOUR OBLIGATION TO CONTACT THE PROTHONOTARY,S OFFICE AND ARRANGE FOR PAYMENT. 5. A certified copy of this Order shall be provided to the'. police department where Plaintiff resides and any other agency specified hereafter: Northern York Regional Police Department 6. THIS ORDER SUPERSEDES: I. ANY PRIOR PFA ORDER 7. All provisions of this order shall expire on: October 2, 2005 NOTICE TO THE DEFEND.ANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WE[ICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. {}6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. §2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C §§2261- 2262. IF YOU POSSESS A FIREARM OR ANY AMMUNITION WHILE THIS ORDER IS IN EFFECT, YOU MAY BE CHARGED WY[I-I A FEDERAL OFFENSE EVEN IF THIS PENNSYLVANIA ORDER DOES NOT EXPRESSLY PROHIBIT YOU FROM POSSESSING FIREARMS OR AMMUNITION. 18 U.S.C. §922(g)(8). NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over the plaintiff's residence OR any location where a violation of this order occurs OR where the defendant may be located, shall enforce this order. An arrest for violation of Paragraphs 1 through 3 of this order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. §6113. Subsequent to arrest, the police officer shall seize all weapons used or threatened to be used during the violation of the protection order or during prior incidents of abuse. The Sheriff of York County shall maintain possession of the weapons until further order of this Court. When the defendant is placed under arrest for violation of this order, the defendant shall be taken to the appropriate authority or authorities before whom defendant is to · , ..... . be arrmgned. A Complaint for Indtrect Criminal Contempt" shall then be completed and signed by the police officer OR the plaintiff. Plaintiff's presence and signature are not required to file the complaint. If sufficient grounds for v/olation of this order are alleged, the defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. Plaintiffs Signature Distribution to: Thomas H. Kelle,,y,-Vl,?udge~)/ Date Plaintiffat 5145 Susquehanna Trail, York, PA 17402; Defendant at 1.40 Cloverleaf Road, York, PA 17402; PA State Police; York County Sheriffi Northern York Regional Police Department; Attorney Anthony Foschi at 3425 Simpson Ferry Road, Camp Hill, PA 17011 CERTIFIED from the records of the Court of Common pleas of York County, Pennsylvania Pamela S. Lee, Prothonotary EXHIBIT "B" AGE .wRrl"T~N $TATEM~_2~F AS TO EVENTS LEADING UP TO REO~ .FOR DATE.. 18,"~0'd 8I/:'I ~ AIA I COMMONWEALTH OF PENNSYLVANIA COUNTY OF: ~ -' N~:~'~arbara H Nixon ~d~'~:Night Duty Court 118 Pleasant Acres Rd PETITION FOR EMERGENCY PLAI /TIFF: RELIEF FROM ABUSE ~-- NAME and ADDRESS RObin Piatt .5145 Susquehanna TR LYork, PA 17402 VS. DEFENDANT: Anthony Seaton, JR 5145 Susquehanna Tr /YOrk, PA 17402 l D0cket N0.: ER- 16 - 04- 400 Date F ed: 3/27/04 ~ [] PLAINTIFF REQUESTS CONFIDENTIAUTY OF -- ~ ~ PERMANENT/TEMPORARY ADDRESS. I,. Robin Platt PETITION OF THE PLAINTIFF (.~.. ~ p~,~.p~ ~,.) . , hereby petition for ernergency relief from abuse ~] on behalf of myself ~on behalf of the following (child) (children) to whom'l am a (parent) (adult household member) (guardian) on behalf of the following incompetent adult to whom I am guardian cha~&cel .~iat,t, 7 years old 5145 Susquehanna Tr, York, PA ~ I have found upon good cause that If is necess~n~ tn nmf, ......... (incompetent adult). ----. -- ,-----u, [ne (~[~q) eno above Ii,tall (ghild) (children) [] I have NOT found that it is necessary to issue a protective order. ACTION OF ISSUING AU'THORJlTy Having found upon good cause shown that it is necessary to protect the (plaintiff} and above listed (child) ,(children) (incompetent adult),' I have taken the following action on this petition: _ [] Ordered the defendant to refrain from abusing the plaintiff and/or minor child, children, racom etent ad [] Ordered the defendant to refrain from havi ..................... ' P u t. ,,~ ,~.~, ~.,.~u~ w~[n [ne plalndn or minor children, including restraining the defendant from entering the place of employment or business or school of plaintiff or minor children harassing plaintiff, plaintiff's relatives or minor children ' and from [~ Ordered the eviction of the defendant from the (household) (res deuce) at 5145 .~,~.c~,,,2.ha n,~a m~- Iand) [] Ordered restoration of possession to the (household) (residence) at 5 ] 4 r~ .q..q,,.h.~,~,~- Tr (or) ~ Allots.ed 1he defendact to provide suJtabis, alternate hous!ng by co~~ ~- ~ -'- - ---'- [] ~ - RA,I 3 O ;. ;'O-- · ' :_Nort_hern Recf (Sheriff) (Constable) ('Police Officer) (Police Department). In compliancawith :°rde~(s)appearingabove,¥o'uaraherabydirect~d I-~ toevict ~-h,-my .~-,-,,~: ,'r~- the premises at 514~ .~,~,~h~ mr. ¥~-~. (an(~) ~E~tP,.restore.premises Orders issued are pursuant ,o the Protection from Abuse Ac(.NAC)~TINoC. EE1TSq. p...E, FENDANT - - - result in a finding of CRIMINAL CONTEMPT pursuant to 42 Pa. C.S~ 4137. This offense is pun~'sheb/e by a fine and/or in'~odSOnrnent~ These orders expire at the end of the next business day the Court deems itself availab/e. These orders will be irnrnndiately certified to the Court of Cornn'~n Pleas, .~W~I~IqH~ HAS THE EFFECT OF COMMENCING PROCEEDINGS AGAINST YOU UNDER THE ABOVE MENTIONED ACT. VERONICA J. MURRAY and ALMA MURRAy, Plaintiffs VS. ANTHONY E. SEATON, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-5225 CIVIL CIVIL ACTION - LAW CUSTODY ORDER AND NOW, this ,r z ~ day of April, 2004, following a hearing regarding custody of the parties' minor child, Tiana Rae Seaton, born September 30, 1994, it is hereby ordered and decreed as follows: 1. All previous court orders and agreements will be replaced by this order which shall become effective commencing with the 2004 summer vacation t¥om school. 2. The parties shall share legal custody of the childjointly. They shall consult with each other relative to all important decisions concerning the child, including such matters as health, education and religion. Although the party then having custody shall have authority to make routine decisions regarding the welfare of the child while in his or her care, each parent shall consult with the other on all non-routine decisions (to be defined as those decisions with a greater than a day-to-day effect including, but not limited to, such matters as surgery, major medical treatment, and selection of schools) with a view to having a harmonious policy calculated to promote the best interest of the child. Ifa dispute arises as to any matters regarding non-routine decisions regarding the child, the party then having custody may exercise final determination subject to review by a court of competent jurisdiction. Each of the parties shall have access to all the child's medical, dental, hospital and school records, including test results and report cards; each parent shall permit and encourage communication by the other parent with doctors, teachers and school administrators regarding the c ' ' · hfld s health and educatmn progress. Both parents are entitled to school records and medical records as well as portrait and class school pictures and shall cooperate with each other to ensure such records and pictures are provided to each other. 3. Each summer, the parties shall share physical custody of the child on a week on/week off basis to coincide with the weeks father has custody of his other daughter on an alternating weekly basis. 4. Beginning the last Saturday prior to the first day of school in the fall of 2004, mother shall have primary physical custody of the child during each school year. Father shall have partial custody of the child to include the following: a. Beginning the first Friday following the first day of school, alternating weekends from Friday after school until Sunday at 7:30 p.m. b. Wednesday evenings from 4:00 p.m. to 7:30 p.m. c. Such other times as the parties mutually agree. 5. Christmas shall be divided into two blocks. Block A shall run from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall run from Christmas Day at 12:00 noon to December 27th at 8:00 p.m. Mother shall have Block A in even-numbered years and Block B in odd-numbered years. Father shall have Block A in odd-numbered years and Block B in even-numbered years. 6. Father shall have custody of the child on Thanksgiving and Easter in even-numbered years and mother shall have custody of the child on Thanksgiving and Easter in odd-numbered years. Mother shall have custody of the child on Mother's Day; Father shall have custody of the child on Father's Day. All other holidays shall be agreed to by the parties. 7. Transportation shall be shared by the parties such that the receiving party shall be responsible for transportation. 8. During any period of custody, the parties shall not possess or use any controlled substance, neither shall they consume alcoholic beverages to the point of intoxication, neither shall they smoke in an enclosed area where the child is present. The parties shall likewise assure, to the extent possible, that other household members and guests comply with this prohibition. 9. Both father and mother shall provide each other with their home phone numbers and must keep each other informed of any changes of address or phone number. Any changes in address or phone number shall be exchanged immediately. 10. Both parties shall have the right to reasonable telephone contact with the child during the other party's period of custody or partial custody. Neither party shall interfere with the other party's telephone contacts with the child. Each party shall provide phone numbers where the child can he reached and shall make all reasonable efforts to promptly return calls or messages left by the child or by the other party regarding the child. 11. Neither father nor mother shall make any disparaging remarks regarding the other parent in the presence of the child, such as those that might tend to alienate the affections of the child toward the other parent. Also, each parent shall inform relatives and friends to also refrain from making any disparaging remarks regarding either parent in the presence of the child. BY THE COURT, evin~. Hes. s, J. Jeanne B. Costopoulos, Esquire For the Plaintiff Veronica Murray Alma Murry, Pro Se Plaintiff Abigail J. W. Salawag Certified Legal Intern Family Law Clinic For the Defendant :rim VERONICA J. MURRAY and ALMA A. MURRAY, Plaintiffs ANTHONY E. SEATON, JR., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 2000-5225 ,CIVIL TERM : CIVIL ACTION - LAW : DIVORCE PRAECIPE TO WITHDRAW PETITION To the Prothonotary: Please mark the Petition to Re-open Record filed on behalf of Veronica J. Murray settled and withdrawn. Dated: RESPECTFULLY' SUBMITTED: Jeann6 B. Costopoulos, Esquire ~ 5000 Ritter Road, Suite 202, Box 779 Mechanicsburg, PA 17055 PA Supreme Corral ID No. 68735 Telephone: (717) 790-9546 Fax: (717) 790-6019 ATTORNEY VERONICA J. MURRAY VERONICA J. MURRAY and ALMA A. MURRAY, Plaintiffs Vo ANTHONY E. SEATON, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2000-5225 CIVIL TERM CIVIL ACTION[ - LAW DIVORCE CERTIFICATE OF SERVICE 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 fn'st class mail, prepaid, and addressed as follows: Family Law Clinic The Dale F. Shughart Community Law Center 45 North Pitt Street Carlisle, PA 17013 Dated: BY: ~opoulos, Esquire 5000 Ritter Road, ;Suite 202, Box 779 Mechanicsburg, PA 17055 PA Supreme Court ID No. 68735 Telephone: (717)'790-9546 Fax: (717) 790-6019 ATTORNEY VERONICA J. MURRAY