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HomeMy WebLinkAbout00-06576f k2 1 2001 FRANKLIN A. PORTER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW LYDIA A. McFADDEN, NO.00 - 6576 CIVIL Defendant IN CUSTODY COURT ORDER AND NOW, this Zr day of December, 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. All prior custody orders entered in this case are vacated. 2. The Mother, Lydia A. McFadden, and the Father, Franklin A. Porter, shall enjoy shared legal custody of Oceana Ariella Porter, born July 21, 2000. 3. Physical custody of the minor child shall be handled as follows: A. Father shall have physical custody from every Tuesday at 4:00 p.m. through every Friday at 6:00 p.m. B. Mother shall have custody from every Friday at 6:00 p.m. through Tuesday at 4:00 p.m. 4. The parties may modify this schedule as they agree. Absent any agreement, the custody schedule set forth above shall control. 5. The Christmas holiday shall be alternated on a timeframe from Christmas Eve at 3:00 p.m. until Christmas Day at 3:00 p.m., and Christmas Day at 3:00 p.m. until December 26' at 3:00 p.m. Father shall enjoy the first segment for Christmas 2001, with the parties alternating thereafter. The New Year's holiday shall be handled the same way. The Mother shall have the first segment of New Year's starting December 31, 2001 at 3:00 p.m., with the parties alternating thereafter. 6. The parties shall alternate custody on major holidays, the timeframe being 10:00 a,m. until 6:00 p.m. The major holidays shall be Easter, Memorial Day, July 4', Labor Day, and Thanksgiving. Mother shall have custody with the minor child on Easter 2002, with the parties alternating the holiday schedule thereafter. C- r? ? tT' '- .rs Z ? - C (r fir 7. Each parent shall enjoy one full week of vacation time with the minor child. It is anticipated that the parents will advise each other at least thirty (30) days in advance as to when they intend to exercise this vacation. 8. The child's birthday shall also be split equally on custody along the same lines as New Year's and Christmas holiday. Mother shall have the first segment for the child's birthday in 2002. 9. Mother shall always have custody of the minor child on Mother's Day, with Father always having custody of the minor child on Father's Day. 10. Provisions relating to Mother's Day, Father's Day, the child's birthday and other holidays shall supercede the standard custody schedule. 11. In the event the municipalities where the parents reside conduct trick-or-treat on the same evening, the parties shall alternate the trick-or-treat holiday from 5:00 p.m. that night until 9:00 a.m. the following morning. Otherwise, each parent shall enjoy trick-or-treat with the minor child on the respective night that their municipality celebrates that event with the timeframe being 5:00 p.m. until 9:00 a.m. 12. In the event either party desires to modify this custody order, that party may petition the court to have the case again scheduled with the conciliator for a custody conciliation conference. The parties reason to request modification may include any reasonable basis for the party to assert a request for modification in court including, but not limited to, issues relating to the housing accommodations afforded to the minor child. BY THE COURT, J. Kevin .Hess cc: Marylou Matas, Esquire Nichole M. Staley O'Gorman, Esquire C J2-31-01 S a ' y FRANKLIN A. PORTER, Plaintiff v LYDIA A. McFADDEN, Defendant Prior Judge: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 00 - 6576 CIVIL IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Oceana Ariella Porter, born July 21, 2000. 2. A Conciliation Conference was held on December 20, 2001, with the following individuals in attendance: The Mother, Lydia A. McFadden, with her counsel, Nichole M. Staley, O'Gorman, Esquire; and the Father, Franklin A. Porter, with his counsel, Marylou Matas, Esquire. 3. With the understanding that Father is going to make some adjustments on the location where he lives by October 2002 to provide more private sleeping arrangements for the minor child, the parties agree to the entry of an order in the form as attached. la al 01 DA E ' OV-1 Hubert X. Gilroy Custody Concil0 s c FRANKLIN A. PORTER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. LYDIA A. MCFADDEN DEFENDANT 00-6576 CIVIL ACTION LAW • IN CUSTODY ORDER OF COURT AND NOW, this 29TH day APTEMBE-0, 2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on the 2ND day ol?gyEMBE 2000, at 9:30 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: Is/ Hubert X. Gilroy Esq.) Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 E-r?-CfFif: IU Uti.l i? ?lil 6UUN Ty C ENNISYLIJ, ;' lA ?47 00 ?j ago FRANKLIN A. PORTER, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2000- CIVIL TERM LYDIA A. McFADDEN, Respondent IN CUSTODY ORDER OF COURT AND NOW, this day of , 2000, upon consideration of the attached petition, it is hereby directed that the parties and their respective counsel appear before Esquire, the conciliator, at. , on the day of , 2000 at . M. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at this conference may provide grounds for entry of a temporary or permanent order. By the Court, Custody Conciliator 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 (717) 249-3166 1-800-990-9108 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 scheduling conference or hearing. FRANKLIN A. PORTER, Petitioner V. LYDIA A. McFADDEN, Respondent IN CUSTODY PETITION FOR CUSTODY h AND NOW, this d day of 2000, comes the Petitioner, Franklin A. Porterr, by his attorneys, Irwin, McKnight and Hughes, and presents the following Petition for Custody. 1. The petitioner is Franklin A. Porter, an adult individual residing at 221 East Louther Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The respondent is Lydia A. McFadden, an adult individual residing at 221 East Louther Street, Carlisle, Cumberland County, Pennsylvania 17013 3. The parties are the natural parents of one minor child, namely Oceana Ariella Porter, born : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2000- G S'?4CIVIL TERM July 21, 2000, age three (3) months. 4. Petitioner desires primary physical custody of the child and joint legal custody with periods of visitation to respondent as can be mutually arranged between the parties. 6. The best interest of the child requires that the court grant the petitioner's request as set forth above. WHEREFORE, petitioner respectfully seeks the entry of an Order of Court seeking primary physical custody of the child and joint legal custody with periods of visitation to respondent as can be mutually arranged between the parties. Respectfully submitted, IRWIN, McKNIGHT & HUGHES By: O Marcus A. Mc 'ght, Esgm Attorney for Petitioner, Franklin A. Porter 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Supreme Court I. D. No. 25476 Date: )rl? 2000 VERIFICATION The foregoing Petition for Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. I have head the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification to authorities. a FRANKLIN A. PORTER Date: September)-7,2000 ? C G) ? T[i y? _4 G a CT n r Nov 0 6 20000FRANKLIN A. PORTER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW LYDIA A. McFADDEN, : NO. 00 - 6576 CIVIL Defendant : IN CUSTODY COURT ORDER AND NOW, this I' day of November, 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. This Court's Order of October 11, 2000 is vacated. 2. The Mother, Lydia A. McFadden, and the Father, Franklin A. Porter, shall enjoy shared legal custody of Oceana Ariella Porter, born July 21, 2000. 3. Pending further order of this Court, the Mother shall enjoy primary physical custody of the minor child. 4. The Father shall enjoy periods of temporary physical custody as follows: A. On Wednesdays and Fridays from 8:00 a.m. until 8:00 p.m. B. On Tuesdays and Thursdays from 1:00 p.m. until 7:00 p.m. C. At such other times as agreed upon by the parties. D. For Thanksgiving 2000, the parties shall share Thanksgiving Day pursuant to an agreement reached by the parties. Absent any agreement, the Mother shall have custody from 9:00 a.m. until 3:00 p.m. and the Father shall have custody from 3:00 p.m. until 9:00 p.m. 5. The prior provision with respect to the child not being alone in the custody of the paternal grandmother shall remain in effect. 6. Counsel for the Father shall engage a professional who will perform a limited evaluation of the Father to attempt to address the Mother's concerns with respect to the appropriateness of the Father exercising custody with the minor child on an overnight basis. Father's counsel shall retain this professional and, if it is deemed appropriate by the professional, Mother shall be involved in any interviews/evaluation. Once the professional is retained, counsel for the Father shall determine the costs involved to accomplish this initial evaluation and discuss those ? ? h i4L x. ,AIRY -c AN 8: 1 o CU<49EE vl UOUlN;}• PENNSYLVANIA costs with counsel for the Mother in anticipation that there may be some type of cost sharing arrangement after any insurance benefits are paid. Counsel for the parties may contact the Conciliator directly for a telephone conference call to address this issue. The parties shall meet again with the Custody Conciliator on Thursday, November 30, 2000 at 10:30 am. BY THE COURT, cc: Marcus A. McKnight, III, Esquire Kara I. Kurtzman Dickinson School of Law Family Law Clinic H J. i 8 -ov OKs FRANKLIN A. PORTER, Plaintiff v LYDIA A. McFADDEN, Defendant Prior Judge: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 00 - 6576 CIVIL IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the child who is the subject of this litigation is as follows: Oceana Ariella Porter, born July 21, 2000. 2. A Conciliation Conference was held on November 2, 2000, with the following individuals in attendance: The Father, Franklin A. Porter, with his counsel, Marcus A. McKnight, III, Esquire; and the Mother, Lydia A. McFadden, with her representative, Kara I. Kurtzman. 3. The parties were before the Court in early October and reached an agreement. Father is now seeking expanded visitation and is seeking overnights. Mother has expressed certain concerns with respect to the history of the parties that, in Mother's view, suggest that she does not want to see overnights started. There was some discussion with respect to counseling/evaluation the Father may need. The Mother is starting work on a part-time basis but will be working everyday during the week. Father works over the weekends. 4. In light of the issues raised by the Mother, the Conciliator feels that it would be appropriate to have some type of limited evaluation performed but that the parties should come back before the Conciliator relatively soon to address the issue of overnight visitation. The Conciliator believes the Father should have additional time during the day especially in light of the fact that Mother is starting work. 5. The Conciliator recommends the entry of an order in the form as attached. 1162 ob DATE Hubert X. Gilroy, E; Custody Conciliator .M FRANKLIN A. PORTER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA BY THE COURT, v : CIVIL ACTION - LAW LYDIA A. McFADDEN, : NO. 00 - 6576 CIVIL Defendant : IN CUSTODY COURT ORDER AND NOW, this 3/O day of January, 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: This Court's prior Custody Order of November 7, 2000 shall remain in place. 2. The parties shall meet with the Custody Conciliator for another Custody Conciliation Conference on Thursday, March 8, 2001 at 9:30 a.m. 3. It is anticipated that Father shall continue with counseling/evaluation pending the next Custody Conciliation Conference and have his counselor/evaluator share information with legal counsel for both parties in this case. It is anticipated Mother will participate, as requested by the counselor/evaluator, in any evaluation process. cc: Marylou Matas, Esquire Nicole Staley, Esquire 4mil, J. Ke ' A. Hess e,? 1 .F.;' "1 L. / r OF J??'?Y (f 1 FF ?r FRANKLIN A. PORTER, Plaintiff v LYDIA A. McFADDEN, Defendant Prior Judge: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 00 - 6576 CIVIL IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the child who is the subject of this litigation is as follows: Oceana Ariella Porter, born July 21, 2000. 2. A Conciliation Conference was held on January 25, 2001, with the following individuals in attendance: The Father, Franklin A. Porter with his counselor, with his counsel, Marylou Matas, Esquire; and the Mother, Lydia A. McFadden, with her counsel, Nicole Staley, Esquire. 3. The parties agree to the entry of an order in the form as attached. Zvi _ -- 1/ 11 1?? &?? DATE Hubert X. Gilroy squire Custody Con?' ator Aa MAR 2 12001bO FRANKLIN A. PORTER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW LYDIA A. McFADDEN, NO. 00 - 6576 CIVIL Defendant IN CUSTODY COURT ORDER AND NOW, this 2 3" day of March, 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: This Court's prior Order on custody shall remain in place pending resolution of additional evaluation as set forth below. 2. The Father shall undergo an additional evaluation to be performed by a professional. The professional to perform the evaluation shall be agreed upon by legal counsel for the parties. Mother shall pay for the costs of this evaluation. Counsel may communicate with the evaluator in writing with respect to stating their position and the areas of concern that need to be addressed in the evaluation. 3. Upon the conclusion of the evaluation and in the event the parties are unable to reach an agreement at that particular time, counsel for either parry may contact the Conciliator by phone to schedule an expedited Custody Conciliation Conference. 4. It is noted that the primary focus of the evaluation is to identify whether there is any reason why Father should not enjoy overnight visitation with the minor child. It is also noted that a most recent evaluation indicated from that evaluator's standpoint that there were no issues present that would prohibit liberal contact and overnight care of the daughter by the Father. In the event this additional evaluation presents no objective evidence as to why Father should not have overnight custody, the Conciliator may recommend initiating of overnight custody in his discretion in the event the parties are unable to reach an agreement on that issue and a hearing needs to be scheduled before the Court. cc: Nicole M. Staley O'Gorman, Esquire Marylou Matas, Esquire BY THE COURT, J. Ke ' Hess n\ Do 03 gr -p -1' I s 2 12: 23 r ?1 ?/ a PENN?SYLV?"N A )w FRANKLIN A. PORTER, Plaintiff v LYDIA A. McFADDEN, Defendant Prior Judge: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 00 - 6576 CIVIL IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Oceana Ariella Porter, born July 21, 2000. 2. A Conciliation Conference was held on March 15, 2001, with the following individuals in attendance: The Father, Franklin A. Porter, with his counsel, Marylou Maras, Esquire; and the Mother, Lydia A. McFadden, with her counsel, Nicole Staley O'Gorman, Esquire. 3. The parties agree to the entry of an order in the form as attached. 3/, ?j DA Hubert X. f6ilroy, Esquire ; li - Ckf s.. a O z nm DOO 9 C N r = En D O N m v N o O D 9 rs ^ m 4' Q to 0 m r° 2 it n C A C ty ? 4 ?cU 4 tgk P pm b ?' _ ?I?V?? m t P f/ ?wa ??¢ iG If C ?? / CA+ a .3 rw K (D O O 9 -I S aw 0a 3 Z m O O O M T v? m G 8. wy Aa ?? ?5 r el{? 022D G $ ? ? m a t? ? m< M S ?? ? fTi H m L 4 C t t n a m m Y C C g, k t-A ' t 40 ttL ip r FRANKLIN A. PORTER, Plaintiff v LYDIA A. McFADDEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 00 - 6576 CIVIL IN CUSTODY COURT ORDER AND NOW, this .31A? day of January, 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. This Court's prior Custody Order of November 7, 2000 shall remain in place. 2. The parties shall meet with the Custody Conciliator for another Custody Conciliation Conference on Thursday, March 8, 2001 at 9:30 a.m. 3. It is anticipated that Father shall continue with counseling/evaluation pending the next Custody Conciliation Conference and have his counselor/evaluator share information with legal counsel for both parties in this case. It is anticipated Mother will participate, as requested by the counselor/evaluator, in any evaluation process. BY THE COURT, I . ? 4 -//0 A. a I J. Ke ' A. Hess cc: Marylou Matas, Esquire Nicole Staley, Esquire J TRUE COPY F (',V` In Testimony whr,.:eof, i h-r ser my band ?. ,nonGt?r?? FRANKLIN A. PORTER, Plaintiff v LYDIA A. McFADDEN, Defendant Prior Judge: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 00 - 6576 CIVIL IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the child who is the subject of this litigation is as follows: Oceana Ariella Porter, born July 21, 2000. 2. A Conciliation Conference was held on January 25, 2001, with the following individuals in attendance: The Father, Franklin A. Porter with his counselor, with his counsel, Marylou Matas, Esquire; and the Mother, Lydia A. McFadden, with her counsel, Nicole Staley, Esquire. 3. The parties agree to the entry of an order in the form as attached. l DATE Hubert X. Gilroy squire Custody Conc' ator =w s FRANKLIN A. PORTER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. LYDIA A. McFADDEN, Defendant, CIVIL ACTION - LAW NO. 00-6576 CIVIL IN CUSTODY OBJECTIONS TO SUBPOENA PURSUANT TO RULE 4009.21 Plaintiff objects to the proposed Subpoena that is attached to these Objections for the following reasons: 1. Pursuant to Pennsylvania Rules of Civil Procedure 1930.5(a), discovery is not permitted in this simple custody proceeding unless authorized by Order of Court. 2. Pursuant to Pennsylvania Rules of Civil Procedure 1915.5(c), discovery is not permitted in the above custody proceeding unless authorized by special Order of Court. 3. There has been no Order of Court authorizing discovery in the above captioned custody proceedings. 4. The information requested by the Subpoena for the production of documents and things exceeds the scope of discovery, as set forth in Pennsylvania Rules of Civil Procedure 4003.1(a), in that it is privileged information for which Plaintiff has not executed a written consent authorizing release of the information to Defendant, required by Pennsylvania Rules of Civil Procedure 4003.6. 5. The information requested by the Subpoena to produce documents and things exceeds the scope of discovery, as set forth in Pennsylvania Rules of Civil Procedure 4003.1(a), in that it is not relevant to the above custody proceedings. Date: L113161 tit?mo Marylo as, Esquire Attorney W Plaintiff 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 FRANKLIN A. PORTER, Plaincif vs. LYDI,_ A. McFADDEN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 00-6576 Civil IN CUSTODY CIVIL ACTION - LAW SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Franklin A. Porter c/o Marylou Matas, Esq. Griffie & Associates 200 North Hanover Street Carlisle, ?A 17013 within twenty (20) days after service of this subpoena, you are ordered by the Court to produce the following documents or things: 1. A complete copy of your file for Franklin A. Porter, DOB: 5/28/74; as it relates to his condition, diagnosis and treatment for drug and alcohol abuse as well as sexual abuse matters. at the office of Nichole M. Staley O'Gorman, Esquire, 1719 North Front Street, Harrisburg, PA 17102. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Nichols M. Staley O'Gorman, Esquire ADDRESS: 1719 North Front Street Harrisburg, PA 17102 TELE?HONE: (717) 234-4178 ID NO.: 79866 ATTORNEY FOR DEFENDANT BY THE COURT : thonotarv Deputy FRANKLIN A. PORTER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION -LAW LYDIA A McFADDEN, : NO. 00-6576 CIVIL TERM Defendant, : IN CUSTODY CERTIFICATE OF SERVICE I, Marylou Matas, Esquire, hereby certify that I did, the 13 Ith day of February, 2001, cause a true and correct copy of Plaintiff's Objections to Subpoena Pursuant to Rule 4009.21 to be served upon the Defendant, Lydia A. McFadden, by serving her attorney of record, by first class mail, postage prepaid, at the following address: Nichole M. Staley O'Gorman Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102-2392 DATE: z 3 ~l ° LCO Mary Was, squire GRIFF & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 ? :-, <? .v t? i ? ?i ?= ,? it=, _ v> o, -c:< r r: `" (_J ??_' ?? •• 1? -? i ^.? _? _? 1 ??:7 _? ?? FRANKLIN A. PORTER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW : IN CUSTODY LYDIA A. McFADDEN, Defendant NO. 00-6576 CIVIL TERM PRAECIPE TO THE PROTHONOTARY: Please enter the appearance of Nichole M. Staley O'Gorman, Esquire on behalf of Defendant, Lydia A. McFadden, in the above- captioned case. By NYchole M Sta((ly O?Gorman, Esquire I.D. #798P6 4503 Nor Front Street Harrisburg, PA 17110-1708 (717) 238-6791 Date: 600 FRANKLIN A. PORTER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. LYDIA A. MCFADDEN DEFENDANT 00-6576 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, June 23, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, August 11, 2005 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilroy, Esc >U Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 FI. FD-E1F icc OF THE FRCT.II-, T,??y 4 'OJ5 'U,,' 23 F =i J 2c? FRIEDMAN & KING, P.C. John F. King, Esquire ID #61919 600 N. Second Street Penthouse Suite P. O. Box 984 Harrisburg, PA 17108 Tel.: (717) 236-8000/Fax: (717) 236-8080 FRANKLIN A. PORTER, Plaintiff V. LYDIA A. McFADDEN, Defendant RECEIVED JUN 2 0 2005e 1 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-6576 Civil CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, , upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before the conciliator, at on at .M. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all, existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT: BY: 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 32 South Bedford Street Carlisle, PA 17013 Telephone (717) 249-3166 FRANKLIN A. PORTER, Plaintiff V. LYDIA A. McFADDEN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-6576 Civil CIVIL ACTION - LAW IN CUSTODY PETITION FOR MODIFICATION OFA CUSTODYAND VISITATION ORDER 1. The Petitioner is Franklin A. Porter, who resides at 5141 A Winding Way, Harrisburg, Dauphin County, Pennsylvania 17111. 2. The Respondent is Lydia A. Porter (formerly Lydia A. McFadden), who resides at 1163 Pond Road, Harrisburg, Dauphin County, Pennsylvania 17111. 3. The Petition of the Plaintiff, Franklin A. Porter, respectfully represents that on December 28, 2001, an Order of Court was entered for custody and visitation, a true and correct copy of which is attached. 4. The Order should be modified because: A. Since the date of the Order, the parties were married and resided together with the subject minor child. B. It is believed, and therefore averred, that Mother has entered into a meretricious relationship. C. The parties separated on or about June 10, 2005. D. The Petitioner/Father and the subject minor child have enjoyed a loving, close father/daughter relationship, the continuation of which would be in the child's best interest. WHEREFORE, Petitioner requests that the Court modify the existing Order for custody and visitation because it will be in the best interest of the child. Respectfully submitted, FRIEDMAN & KING, P.C. Date: V 3 J F. King, Esquire 00 N. Second Street Penthouse Suite P. O. Box 984 Harrisburg, PA 17108 (717) 236-8000 VERIFICATION I, Franklin A. Porter, hereby acknowledge that I am the Plaintiff in the foregoing action; that I have read the foregoing Petition for Modification of A Custody and Visitation Order; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Franklin A. Porter Dated: (?, (3.05 k 1 2001 FRANKLIN A. PORTER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW LYDIA A. McFADDEN, : NO. 00 - 6576 CIVIL Defendant : IN CUSTODY COURT ORDER AND NOW, this U` day of December, 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. All prior custody orders entered in this case are vacated. 2. The Mother, Lydia A. McFadden, and the Father, Franklin A. Porter, shall enjoy shared legal custody of Oceana Ariella Porter, born July 21, 2000. 3. Physical custody of the minor child shall be handled as follows: A. Father shall have physical custody from every Tuesday at 4:00 p.m. through every Friday at 6:00 p.m. B. Mother shall have custody from every Friday at 6:00 p.m. through Tuesday at 4:00 p.m. 4. The parties may modify this schedule as they agree. Absent any agreement, the custody schedule set forth above shall control. 5. The Christmas holiday shall be alternated on a timeframe from Christmas Eve at 3:00 p.m. until Christmas Day at 3:OQ p.m., and Christmas Day at 3:00 p.m. until December 26' at 3:00 p.m. Father shall enjoy the first segment for Christmas 2001, with the parties alternating thereafter. The New Year's holiday shall be handled the same way. The Mother shall have the first segment of New Year's starting December 31, 2001 at 3:00 p.m., with the parties alternating thereafter. 6. The parties shall alternate custody on major holidays, the timeframe being 10:00 a.m. until 6:00 p.m. The major holidays shall be Easter, Memorial Day, July 4, Labor Day, and Thanksgiving. Mother shall have custody with the minor child on Easter 2002, with the parties alternating the holiday schedule thereafter. y . 7. Each parent shall enjoy one full week of vacation time with the minor child. It is anticipated that the parents will advise each other at least thirty (30) days in advance as to when they intend to exercise this vacation. 8. The child's birthday shall also be split equally on custody along the same lines as New Year's and Christmas holiday. Mother shall have the first segment for the child's birthday in 2002. 9. Mother shall always have custody of the minor child on Mother's Day, with Father always having custody of the minor child on Father's Day. 10. Provisions relating to Mother's Day, Father's Day, the child's birthday and other holidays shall supercede the standard custody schedule. 11. In the event the municipalities where the parents reside conduct trick-or-treat on the same evening, the parties shall alternate the trick-or-treat holiday from 5:00 p.m. that night until 9:00 a.m. the following morning. Otherwise, each parent shall enjoy trick-or-treat with the minor child on the respective night that their municipality celebrates that event with the timeframe being 5:00 p.m. until 9:00 a.m. 12. In the event either party desires to modify this custody order, that parry may petition the court to have the case again scheduled with the conciliator for a custody conciliation conference. The parties reason to request modification may include any reasonable basis for the parry to assert a request for modification in court including, but not limited to, issues relating to the housing accommodations afforded to the minor child. BY THE COURT, 'K, , J. Kevin X. Hess cc: Marylou Matas, Esquire f I ap z? OLJ J Nichole M. Staley O'Gorman, Esquire / I -1 1 12-31-01 3 m $ F>tdd9P3n'? fiS3k t< t99Y M CiC kk+vY, ,rasp '1+14 -,ew 01 uld Own Al Wk ., - ?- r4, ` FRANKLIN A. PORTER, Plaintiff v LYDIA A. McFADDEN, Defendant Prior Judge: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 00 - 6576 CIVIL IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Oceana Ariella Porter, born July 21, 2000. 2. A Conciliation Conference was held on December 20, 2001, with the following individuals in attendance: The Mother, Lydia A. McFadden, with her counsel, Nichole M. Staley, O'Gorman, Esquire; and the Father Franklin A. Porter, with his counsel, Marylou Matas, Esquire. 3. With the understanding that Father is going to make some adjustments on the location where he lives by October 2002 to provide more private sleeping arrangements for the minor child, the parties agree to the entry of an order in the form as attached. to /a? ?l DATE Hubert X. Gilroy Custody Concitj4l N 4 w ?1 c c; cn J ca 0 m ? Q c,? _D -3 7 Em All. Y? RECEIVED AUC 25 W,,, FRANKLIN A. PORTER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW LYDIA A. MCFADDEN, : NO. 00-6576 Defendant : IN CUSTODY COURT ORDER AND NOW, this 2,1' day of August, 2005, upon consideration of the attached Custody Conciliation report, it is hereby Ordered and directed that this Court's prior Order of December 28, 2001 is modified as follows: 1. Paragraph 3 of the December 28, 2001 Order is modified such that physical custody of the minor child shall be handled on a two week schedule, with father having custody in week one from Tuesday at 5:00 p.m. until Friday at 5:00 p.m. and father having custody on week two from 5:00 p.m. on Monday until 5:00 p.m. on Friday. Mother shall have custody at all other times. For purposes of scheduling, week one shall commence on August 16, 2005. 2. Until such time as the parties have resolved issues through a counselor with the minor child, father shall insure that he should not take the minor child to the home of Zachary Bowers, nor shall he under any circumstances leave the child alone either at a residence or in a room itself with Zachary Bowers. In the event counseling progresses and the counselor feels this restriction can be modified, the parties can agree on a modification at that time. 3. In all other respects, the prior Custody Order of December 28, 2001 shall remain in effect. BY THE COURT, cc: John F. King, Esquire Lydia A. McFadden ?% 3D -bs Judge ,% FILED-OFFICE OF THE P ROT :O:"OT'URY 2000 AU0 30 A117 0: 22 FRANKLIN A. PORTER, Plaintiff v LYDIA A. MCFADDEN, Defendant PRIOR JUDGE: Kevin A. Hess : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 00-6576 : IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Oceana Ariella Porter, born July 21, 2000. 2. A Conciliation Conference was held on August 11, 2005, with the following individuals in attendance: The father, Franklin A. Porter, with his counsel, John F. King, Esquire, and the mother, Lydia A. McFadden M. Pogue, who appeared without counsel. 3. The parties agreed to the entry of an Order in the form as attached. g- 0 5-' //" , /I / DATE Hubert X. Gilroy, Esquire Custody nciliator FRANKLIN A. PORTER, Plaintiff V. LYDIA A. McFADDEN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-6576 Civil CIVIL ACTION - LAW IN CUSTODY PETITION FOR MODIFICATION OF A CUSTODYAND VISITATIONORDER The Petitioner is Franklin A. Porter, who resides at 5141 A Winding Way, Harrisburg, Dauphin County, Pennsylvania 17111. 2. The Respondent is Lydia A. Porter (formerly Lydia A. McFadden), who resides at 1163 Pond Road, Harrisburg, Dauphin County, Pennsylvania 17111. 3. The Petition of the Plaintiff, Franklin A. Porter, respectfully represents that on December 28, 2001, an Order of Court was entered for custody and visitation, a true and correct copy of which is attached. 4. The Order should be modified because: A. Since the date of the Order, the parties were married and resided together with the subject minor child. B. It is believed, and therefore averred, that Mother has entered into a meretricious relationship. C. The parties separated on or about June 10, 2005. D. The Petitioner/Father and the subject minor child have enjoyed a loving, close father/daughter relationship, the continuation of which would be in the child's best interest. WHEREFORE, Petitioner requests that the Court modify the existing Order for custody and visitation because it will be in the best interest of the child. Respectfully submitted, FRIEDMAN & KING, P.C. Date: O 'l 3 D 5 r F. King, Esquire N. Second Street thouse Suite P. O. Box 984 Harrisburg, PA 17108 (717) 236-8000 k2 1 2001 FRANKLIN A. PORTER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW LYDIA A. McFADDEN, : NO. 00 - 6576 CIVIL Defendant : IN CUSTODY COURT ORDER AND NOW, this Z8' day of December, 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. All prior custody orders entered in this case are vacated. 2. The Mother, Lydia A. McFadden, and the Father, Franklin A. Porter, shall enjoy shared legal custody of Oceana Ariella Porter, born July 21, 2000. 3. Physical custody of the minor child shall be handled as follows: A. Father shall have physical custody from every Tuesday at 4:00 p.m. through every Friday at 6:00 p.m. B. Mother shall have custody from every Friday at 6:00 p.m. through Tuesday at 4:00 p.m. 4. The parties may modify this schedule as they agree. Absent any agreement, the custody schedule set forth above shall control. 5. The Christmas holiday shall be alternated on a timeframe from Christmas Eve at 3:00 p.m. until Christmas Day at 3:00 p.m., and Christmas Day at 3:00 p.m. until December 26' at 3:00 p.m. Father shall enjoy the fast segment for Christmas 2001, with the parties alternating thereafter. The New Year's holiday shall be handled the same way. The Mother shall have the first segment of New Year's starting December 31, 2001 at 3:00 p.m., with the parties alternating thereafter. 6. The parties shall alternate custody on major holidays, the timeframe being 10:00 a.m. until 6:00 p.m. The major holidays shall be Easter, Memorial Day, July 4', Labor Day, and Thanksgiving. Mother shall have custody with the minor child on Easter 2002, with the parties alternating the holiday schedule thereafter. 7. Each parent shall enjoy one full week of vacation time with the minor child. It is anticipated that the parents will advise each other at least thirty (30) days in advance as to when they intend to exercise this vacation. 8. The child's birthday shall also be split equally on custody along the same lines as New Year's and Christmas holiday. Mother shall have the first segment for the child's birthday in 2002. 9. Mother shall always have custody of the minor child on Mother's Day, with Father always having custody of the minor child on Father's Day. 10. Provisions relating to Mother's Day, Father's Day, the child's birthday and other holidays shall supercede the standard custody schedule. 11. In the event the municipalities where the parents reside conduct trick-or-treat on the same evening, the parties shall alternate the trick-or-treat holiday from 5:00 p.m. that night until 9:00 a.m. the following morning. Otherwise, each parent shall enjoy trick-or-treat with the minor child on the respective night that their municipality celebrates that event with the timeframe being 5:00 p.m. until 9:00 a.m. 12. In the event either party desires to modify this custody order, that party may petition the court to have the case again scheduled with the conciliator for a custody conciliation conference. The parties reason to request modification may include any reasonable basis for the party to assert a request for modification in court including, but not limited to, issues relating to the housing accommodations afforded to the minor child. BY THE COURT, ?K, - J Kevin X. Hess cc: Marylou Matas, Esquire j1 p?e? q Nichole M. Staley O'Gorman, Esquire 1231-01 9 P- go, RFCC,'W? r,*..,(;F777)C?q Yr^ a'.=y!S t 1l'9 c UIfo± l91'Y rov", ,,. try ;iuridi :,0 Vial ('0-vn 31, (,41A.. tV, July FRANKLIN A. PORTER, Plaintiff v LYDIA A. McFADDEN, Defendant Prior Judge: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 00 - 6576 CIVIL IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Oceana Ariella Porter, born July 21, 2000. 2. A Conciliation Conference was held on December 20, 2001, with the following individuals in attendance: The Mother, Lydia A. McFadden, with her counsel, Nichole M. Staley, O'Gorman, Esquire; and the Father, Franklin A. Porter, with his counsel, Marylou Matas, Esquire. 3. With the understanding that Father is going to make some adjustments on the location where he lives by October 2002 to provide more private sleeping arrangements for the minor child, the parties agree to the entry of an order in the form as attached. is al 6/ DATE Hubert X. Gilroy 4y 0-11 Custody Conci 4a W 1 N C_. , ., t11 J ryc ra ,.-? 4` RECEIVED AUG 25 ? , FRANKLIN A. PORTER : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW LYDIA A. MCFADDEN, NO. 00-6576 Defendant IN CUSTODY COURT ORDER AND NOW, this Z9 , day of August, 2005, upon consideration of the attached Custody Conciliation report, it is hereby Ordered and directed that this Court's prior Order of December 28, 2001 is modified as follows: 1. Paragraph 3 of the December 28, 2001 Order is modified such that physical custody of the minor child shall be handled on a two week schedule, with father having custody in week one from Tuesday at 5:00 p.m. until Friday at 5:00 p.m. and father having custody on week two from 5:00 p.m. on Monday until 5:00 p.m. on Friday. Mother shall have custody at all other times. For purposes of scheduling, week one shall commence on August 16, 2005. 2. Until such time as the parties have resolved issues through a counselor with the minor child, father shall insure that he should not take the minor child to the home of Zachary Bowers, nor shall he under any circumstances leave the child alone either at a residence or in a room itself with Zachary Bowers. In the event counseling progresses and the counselor feels this restriction can be modified, the parties can agree on a modification at that time. 3. In all other respects, the prior Custody Order of December 28, 2001 shall remain in effect. BY THE COURT, cc: John F. King, Esquire Lydia A. McFadden Judge ('V Oz SAV 5007 3Hi ?o CA, FRANKLIN A. PORTER, Plaintiff v LYDIA A. MCFADDEN, Defendant PRIOR JUDGE: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 00-6576 : IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Oceana Ariella Porter, born July 21, 2000. 2. A Conciliation Conference was held on August 11, 2005, with the following individuals in attendance: The father, Franklin A. Porter, with his counsel, John F. King, Esquire, and the mother, Lydia A. McFadden M. Pogue, who appeared without counsel. 3. The parties agreed to the entry of an Order in the form as attached. a D s? 4 / DATE Hubert X. Gjltoy, Esquire Custody Conciliator FRANKLIN A. PORTER, Plaintiff V. LYDIA A. PORTER, Defendant IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA - - 6d - C? S-7 !o ca.?( : COMPLAINT IN DIVORCE PETITION FOR LEAVE TO WITHDRAW AS PLAINTIFF'S COUNSEL AND NOW comes the Petitioner, John F. King, Esquire, seeking leave of this Honorable Court to withdraw as counsel for Plaintiff, pursuant to the Rules of Professional Conduct Rule 1.16(b)(6), and avers as follows: 1. Petitioner is John F. King, Esq., with offices located at 19 S. Hanover Street, Suite 103, Carlisle, PA 17013 and is counsel of record for Plaintiff herein, by virtue of having filed a Modification Petition on behalf of Plaintiff, Franklin A. Porter, on June 13, 2005. 2. The Respondent is Plaintiff, Franklin A. Porter, an adult individual residing at 5136 Haverford Rd., Harrisburg PA 17109. 3. A Conciliation Conference was held on August 11, 2005, and a subsequent Custody Order was issued on August 29, 2005. 4. Plaintiff/Respondent has not been in contact with Petitioner since March 2006, at which time the Petitioner represented the interests of the Plaintiff/Respondent in a divorce action. 5. In March 2006, the Plaintiff/Respondent failed and refused to pay over to the Petitioner monies owing for fees and costs, as required by the fee agreement executed by the Plaintiff/Respondent. 6. Subsequent to March 2006, the Petitioner did withdraw his appearance in the aforesaid divorce action, which was filed in the Court of Common Pleas of Dauphin County, at number 2005-CV-2623-DV. 7. Subsequent to March 2006, the Plaintiff/Respondent did suggest to Petitioner to withdraw his appearance on behalf of the Petitioner/Respondent. 8. It would be a financial burden for Petitioner to continue to represent Plaintiff(Respondent. 9. The Honorable Kevin A. Hess signed the current Custody Order on August 29, 2005. WHEREFORE, Petitioner seeks leave of this Honorable Court to terminate Petitioner's representation of the Plaintiff/Respondent, and to withdraw his appearance as counsel in the above-captioned matter. Dated: August #, 2009 Respectfully submitted, JOHN F. KING LAW, P.C. By: _John F. King, Esquire IN 61919 19 S. Hanover Street Suite 103 Carlisle, PA 17013 VERIFICATION I, John F. King, Esq., hereby acknowledge that I am the Plaintiff in the foregoing action; that I have read the foregoing Petition for Withdrawal; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: August -tom, 2009 IWi'F. King, Esq. CERTIFICATE OF SERVICE I hereby certify that on the day of August, 2009, I am this day serving the foregoing petition to withdraw upon the person and in the manner indicated below which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service by First Class Mail addressed as follows: Mr. Franklin Porter 5136 Haverford Rd. Harrisburg PA 17109 John F. King, Esq. OF THE o?nHawRr AUG 19 PM 2*.46 Li t AUG 1 4 2009 FRANKLIN A. PORTER, Plaintiff V. LYDIA A. McFADDEN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-6576 Civil CIVIL ACTION - LAW IN CUSTODY RULE TO SHOW CAUSE AND NOW, this 17' day of ?u? u-? '? , 2009, upon consideration of the foregoing Petition for Leave to Withdraw as Plaintiff's Counsel, the Court grants a Rule to Show Cause why the appearance of John F. King, Esquire, on behalf of Plaintiff, should not be allowed to be withdrawn. RULE RETURNABLE WITHIN z O DAYS FROM THE DATE OF SERVICE OF THIS RULE. ALL PROCEEDINGS TO STAY MEANWHILE. L i FIL?CI it {=aC????F??Y 2OD9 Ali- 17 Mi I l • 19 IT IFS m'a tL4cc 4 p J , A44.,( .1. ??,?? h o/ SCARINGI & SCARINGI, P.C. Debra R. Mehaffie, Esquire Pa. I.D. No. 90951 2000 Linglestown Road, Suite 106 Harrisburg, Pa 17110 Attorney for Defendant Lydia A. McFadden, n/k/a Lydia A. Porter FRANKLIN A. PORTER, Plaintiff -v- LYDIA A. MCFADDEN, n/k/a LYDIA A. PORTER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 00-6576 IN CUSTODY PETITION TO TRANSFER CUSTODY ACTION PURSUANT TO Pa. R.C.P. 1915.2(c) AND NOW COMES, Your Petitioner Lydia A. McFadden, n/k/a Lydia A. Porter, by and through her counsel Scaringi & Scaringi, P.C. and Debra R. Mehaffie, Esquire, who files the following Petition to Transfer Custody Action and in support thereof avers as follows: 1. Your Petitioner is Lydia A. McFadden, n/k/a Lydia A. Porter, an adult individual who resides at 1163 Pond Road, Harrisburg, Dauphin County, Pennsylvania 17111, where she has resided for more than five (5) years. She is the Defendant in the above-captioned custody matter and the natural mother of the subject minor child. 2. The Respondent is Franklin A. Porter, who resides at 827 Samoset Drive, Harrisburg, Dauphin County, Pennsylvania 17109 and he has resided in Dauphin County, Pennsylvania for more than five (5) years. He is the Plaintiff in the above-captioned custody matter and the natural father of the subject minor child. 3. The parties hereto are the natural parents of the subject m i nor child Oceana Ariella Porter, born July 21, 2000. 4. The parties hereto were married on February 6, 2002 in Cumberland County, Pennsylvania and subsequently separated on or about June 10, 2005. 5. Pa. R.C.P. No. 1915.2(c) provides in pertinent part that "the court at any time may transfer an action to the appropriate court of any other county where the action could originally have been brought or could be brought if it determines that it is an inconvenient forum under the circumstances and the court of another county is the more appropriate forum." 6. Pa. R.C.P. No. 1915.2 further provides, in pertinent part, that an action may be brought in any County: "(1)(i) which is the home county of the child at the time of the commencement of the proceeding or (2) when the court of another county does not have venue under subsection (1), and the child and the child's parents, or the child and at least one parent or a person acting as a parent, have a significant connection with the county other than mere physical presence and there is available within the county substantial evidence concerning the child's protection, training and personal relationships." 7. Your Petitioner believes, and therefore avers, that the appropriate court for further filings in this matter is the Court of Common Pleas of Dauphin County, Pennsylvania, for the following reasons: a.) Petitioner, Respondent and the minor child relocated to Dauphin County; b.) The parties and the minor child have resided in Dauphin County for more than five (5) years; e.) Petitioner, Respondent and the minor child have significant connections in Dauphin County, Pennsylvania; d.) The minor child has attended school in Dauphin County for more than five (5) years; e.) The minor child's activities, medical providers and contacts are in Dauphin County; and £) It will be more convenient for the parties and witnesses for further filings to be in the Court of Common Pleas of Dauphin County Pennsylvania. 8. Petitioner intends to file her Petition to Modify Custody Icy address her current concerns regarding the minor child. 9. Petitioner's counsel sought concurrence from the Respondent to transfer venue from Cumberland County to Dauphin County. Respondent will not concur to Petitioner's request to transfer venue . 10. The Honorable Kevin A. Hess previously entered a custody order in this matter, dated December 28, 2001. Hubert X. Gilroy, Esquire has been the Custody Conciliator in this matter. 11. Petitioner believes and therefore avers that it is in the best interests of the subject minor child for this matter to be transferred from Cumberland County to Dauphin County, Pennsylvania. WHEREFORE, Your Petitioner respectfully requests that this Honorable Court issue a Rule to Show Cause upon Respondent to show cause, if any, within twenty (20) days of service, why Petitioner's request to transfer venue of this custody matter lrom Cumberland County to Dauphin County, should not be granted. Thereafter, Petitioner respectfully request that this Court transfer venue of this matter to the Court of Common Pleas of Dauphin County, Pennsylvania, and award all additional relief deemed appropriate by this Honorable Court. ' Petitioner's counsel contacted Respondent's counsel of record John F. King, Esquire, who indicated that he no longer represents Respondent and will be proceeding to withdraw. Attorney King did give Petitioner's counsel permission to contact the Respondent directly. Date: vf 07 2000 Linglestown Road, Suite Harrisburg, Pa 17110 Tele: (717) 657-7770 Fax: (717) 657-7797 Debrakscaringilaw. com Attorney for Petitioner Respectfully submitted FRANKLIN A. PORTER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA -v- CIVIL ACTION - LAW LYDIA A. MCFADDEN, NO. 00-6576 n/k/a LYDIA A. PORTER IN CUSTODY Defendant VERIFICATION I, LYDIA A. MCFADDEN, n/k/a LYDIA A. PORTER, verify that the statements made in the foregoing Petition to Transfer Venue are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904, relating lo unswom falsification to authorities. Date: A.A CFADDEN 3-n/kLYDIA A. PORTER FRANKLIN A. PORTER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA -v- : CIVIL ACTION - LAW LYDIA A. MCFADDEN, NO. 00-6576 n/k/a LYDIA A. PORTER IN CUSTODY Defendant CERTIFICATE OF SERVICE I, Amanda L. Emerson, Paralegal, do hereby certify that on this date, I served a true and correct copy of the foregoing PETITION TO TRANSFER VENUE AND PROPOSED RULE TO SHOW CAUSE, in the above-captioned matter upon the following individual(s) by first class mail, postage prepaid, addressed as follows: Franklin A. Porter 827 Samoset Drive Harrisburg, Pennsylvania 17109 COURTESY COPY TO: John F. King, Esquire 19 South Hanover Street Carlisle, Pa 1701 DATED: Amanda L. Emc rson, Paralegal Scaringi & Scaringi, P.C. OF THE 2009 A UG 28 PI 1: 2 4 A i V1 FRANKLIN A. PORTER, IN THE COURT 01" COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA -v- CIVIL ACTION - LAW LYDIA A. MCFADDEN, NO. 00-6576 n/k/a LYDIA A. PORTER IN CUSTODY Defendant ORDER AND NOW, this JV " day of A r o.... - , 2000, upon consideration of the foregoing Petition to Transfer Venue, it is hereby ORDERED that: 1. a rule is issued upon the respondent to show cause why the petitioner is not entitled to the relief requested; 2. the respondent shall file an answer to the petition within ? o days of this date; 3. the petition shall be decided under Pa. R.C.P. No. 206.7; 4. depositions shall be completed within days of this elate; 5. argument shall be held on R40 _in Courtroom of the Cumberland County Courthouse; 6. notice of the entry of this order shall be provided to all partic, by the petitioner. BY THE COURT: stribution: ./D bra R. Mehaffie, Esquire, 2000 Linglestown ad, Suite 106, Harrisburg, Pa 17110 hn F. King, Esquire, 19 South Hanover Street, Carlisle, Pa 17013 /lranklin A. Porter, 827 Samoset Drive, Harrisburg, Pennsylvania 17109 Court Administration - plucxd,. i; At !c ca,, ?es mbuLc 4/3/of =ry) J. FILEL. CAF THE, F; Ir 1- 7,'?,!,'.^'TARY 2009 SEA' -3 A 3.92 9 Cl. N Al y ?l zr. FRANKLIN A. PORTER, Plaintiff vs. LYDIA A. MCFADDEN, n/k/a LYDIA A. PORTER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 00-6576 IN CUSTODY IN RE: PETITION TO TRANSFER VENUE AMENDED ORDER AND NOW, this `J - day of September, 2009, our order of August 31, 2009, is amended to provide that argument shall be held on October 8, 2009, at 2:00 p.m., in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, John F. King, Esquire ./ 1~'ranklin A. Porter 827 Samoset Drive Harrisburg, PA 17109 ? Debra R. Mehaffie, Esquire For the Defendant rlm L -CL FILF,.? QG FCE OF 7NF PRT HO6O7ARY 2009 SEA -4 PM 2: 32 Cou'lm PENNSYLVANIA FRANKLIN A. PORTER, Plaintiff V. LYDIA A. McFADDEN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-6576 Civil CIVIL ACTION - LAW IN CUSTODY MOTION TO MAKE RULE TO SHOW CAUSE ABSOLUTE John F. King, Esquire, respectfully requests this Court to make absolute the Rule to Show Cause which was issued in the above-captioned matter on August 17, 2009, and in support states the following: 1. A Petition for Leave to Withdraw as Plaintiff's Counsel was filed by the Petitioner on August 13, 2009. 2. The Rule to Show Cause was issued on August 17, 2009, and was served on Plaintiff, Franklin A. Porter on August 19, 2009. See the Certificate of Service attached hereto as Exhibit "A". 3. To date, no response has been forthcoming from the Plaintiff to this Honorable Court's Rule to Show Cause, issued by Hon. Kevin A. Hess. WHEREFORE, Petitioner respectfully requests that this Court make the Rule to Show Cause Absolute. Dated: Respectfully submitted, JOHN F. KING LAW, P.C. By. ohn F. King, Esqu' e ID# 61919 19 S. Hanover Street, Suite 103 Carlisle, PA 17013 (717) 258-4343 Petitioner CERTIFICATE OF SERVICE I hereby certify that on this day of September, 2009, I served the foregoing Motion to Make Rule Absolute upon the person and in the manner indicated below which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service by First Class Mail addressed as follows: Mr. Franklin Porter 5136 Haverford Road Harrisburg PA 17109 Debra R. Mehaffie, Esq. 2000 Linglestown Road Suite 106 Harrisburg, PA 17110 Jo F. King EXHIBIT A CERTIFICATE OF SERVICE I hereby certify that on the q-4 day of August, 2009, I am this day serving the foregoing rule to show cause upon the person and in the manner indicated below which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service by First Class Mail addressed as follows: Mr. Franklin Porter 5136 Haverford Rd. Harrisburg PA 17109 John F. King, Esq. P&D-O r-ICE OF THE F?'TH," NOTARY 2009 SEP - 9 Ph 12'. 5 6 CUMP-1 r..1 tll ti.`t11 ?f I SEP 10 2009 6 ?L T FRANKLIN A. PORTER, Plaintiff V. LYDIA A. McFADDEN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-6576 Civil CIVIL ACTION - LAW IN CUSTODY ORDER AND NOW, this t 1. day of Ssrait,.Gr , 2009, upon consideration of the verified Petition for Leave to Withdraw as Plaintiff s counsel, and Rule to Show Cause, and there being no opposition thereto, it is hereby ORDERED and DECREED that said Petition is granted and that Petitioner, John F . King, Esquire, be permitted to withdraw their appearance of record for the Plaintiff in the above' matter and the Prothonotary shall so mark the docket.. BY THE COURT, FILED=-?) ? r'--! %",' CE OF THE OTW °NOTARY 2009 SEP i ! Ail 9: 44 CuMbl . i i?j ?'b4 s?4 C iiiIA, Q11flof - k y ,/ . ku` D Franklin Porter Plaintiff -v- Lydia Porter C.,- 1 44 "'0, cvr. 1 o? vr,4 , A Aosv4-4,- ?-,o Defendant ?fG•a6-1-e `- ?v 5 ?0 C This is my reply to the petition to transfer custody action pursuant to Pa. R.C.P.191.2(c) Lydia filed for modification after she received a letter from Domestic Relations. The letter for increase is sent to me every three years and I chose to exercise my right as stated in my petition. She told me she was going to take me to court to have my custody modified when 1 asked her, to ask her girl friend, Tina, that lives in her home and watches Oceana on Lydia's days, if she could watch Oceana a couple of Wednesday as I go to class. She told me, after some consideration, that she wanted cash to babysit Oceana. I told her I would continue to watch Oceana on Saturdays as she goes out to the bar with Tina and pick her up at 2am before I go to work and other occasions. At this time, she stated that the following reasons for modification; 1. 1 have college classes on Wednesday nights for three to four hours. She contends that I am breaking one or more of the rules setup in our custody order. The mediator told her last time that this was not a violation of the order because an education makes him a stronger father for Oceana and he does not see why she would have a problem with this. 2. She told me she had proof that I work on Fridays while I have Oceana. I don't work on Fridays and if I do it is for overtime after Oceana goes to her moms house at 5pm. My boss will give you my schedule to prove this and will testify that he has another employee scheduled to work the shift in question. 3. She was upset that the women I lived with disciplined my daughter be yelling at heron this one occasion, Lydia told me that no woman yells at my kid but me. This woman has known Oceana from the age of 9 month until now. She was a family friend of Lydia's for a number of years and she has business and person dealings with the family today. Lydia slandered her at the last mediation and the mediator found that Lydia was out of line and I could date whom I wanted. This has been the only girlfriend i have ever brought in front of Oceana and she has a great mother, daughter relationship with Oceana. She takes Oceana to Girl Scout group on Wednesdays as i am in class. The group lasts for about 1 % to 2 hours. 4. After Lydia and I separated, I moved from Pennswood apartments to live with the women Lydia is not found of so we could bring our families together. We stayed at this location for a year and we decided to pullback in our relationship. The first time homebuyer programs in Dauphin County and the $8000 tax credit from the Government made it homeownership available and I decided to take advantage of this opportunity. I told Lydia I found temporary housing in this' great housing development until I find the house I want to buy. Being a homeowner herself. 1 thought Lydia would understand but the two moves in the last 4- 5 years was not good for her. Oceana has had many of the same friends during this time; she has gone to the same school and has been one of the top students in her class every year. She has attended the same Girl Scout troop for 4 years and attended camp. I get her to school on time everyday and pick her up from school on time every day. Tuesday threw Friday I take care of Oceana's homework and studying and every other Monday for the last 5 years. Oceana has been a member of the Friendship Center for 5 years. Oceana has a very stable life with me and after I buy my home, she will own two houses, that is a lot better then most kids. 5. 1 have worked at my job for 15 years. As stated Pa. R.C.P. 191.2,1 believe Cumberland County is not a inconvenient forum for either party. The courthouse is less then 15 miles from our homes, we have gone back to the courthouse for a number of mediation meetings and Lydia never asked for a change or complained about anything. The Life of the mediation has been in Carlisle, the mediator is very informed with our case and is the best mediator for Oceana, all of our Families, friends, pediatrician and witnesses live in Carlisle and it would be an unwelcome expense and travel problem if we moved it to Dauphin County. The mediator has witnessed Lydia's overreaction and false claims in the past and he could see if she is doing it in the future. After; our psychological evaluations, the psychologist insisted it would be in Oceana's best interest for me to be in her life as much as possible and today we enjoy 50/50 custody. I have been kind, thoughtful and a great influence on my daughter and I believe Lydia has no physical proof beyond a reasonable doubt or the preponderance of the evidence that will give a Judge or mediator pause or reason to modify our custody agreement. I believe the request asked by Lydia Porter should not be granted. c? C? OF THE Pr,"'7;,': 7AAY 2009 SEP 18 PH 12: d 4 GUtV SCARINGI & SCARINGI, P.C. Debra R. Mehaffie, Esquire Pa. I.D. No. 90951 2000 Linglestown Road, Suite 106 Harrisburg, Pa 17110 Tele: (717) 657-7770 Fax: (717) 657-7797 debra@scaringilaw.com FRANKLIN A. PORTER, Plaintiff -v- LYDIA A. MCFADDEN, n/k/a LYDIA A. PORTER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 00-6576 IN CUSTODY PETITION FOR LEAVE TO WITHDRAW AS COUNSEL PURSUANT TO Pa. R.C.P. 1012 AND NOW COMES, Petitioner Debra R. Mehaffie, Esquire and Scaringi & Scaringi, P.C. who respectfully requests that this Honorable Court grant her permission to withdraw as counsel on behalf of Lydia A. McFadden n/k/a Lydia A. Porter and in support thereof avers as follows: 1. Your Petitioner is presently counsel of record for Defendant Lydia A. McFadden nWa Lydia A. Porter in the above-captioned matter. 2. Pennsylvania Rule of Professional Conduct 1.16(b) provides in pertinent part: a lawyer may withdraw from representing a client if withdrawal can be accomplished without material adverse effect on the interest of the client, or if: (6) other good cause for withdrawal exists. 3. Your Petitioner seeks to withdraw as counsel for Defendant in this matter because it is believed that grounds exist pursuant to Rule of Professional Conduct 1.16(b) (6). 4. Ms. Porter has executed an authorization for Petitioner's withdraw. The Defendant's authorization is attached hereto and marked as Exhibit "A". I 5. The Honorable Kevin A. Ness previously entered a custody order in this matter. 6. Petitioner believes that Plaintiff will not object to Petitioner's withdraw. WHEREFORE, your Petitioner respectfully requests that this Honorable Court grant Petitioner's request to withdraw as counsel on behalf of the Lydia A. Porter in the above- captioned matter. submitted: oetqe? Fbr "ehAffi; Esquire i0 Linglestown Road, Sui hfisburg, PA 17110 17) 657-7770 ,p 22 09 01:33p CCEvergreen (717) 238-4161 p.l FRANKLIN A. PORTER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA -v- CIVIL ACTION - LAW LYDIA A. MCFADDEN, NO. 00-6576 n/k/a LYDIA A. PORTER IN CUSTODY Defendant AUTHORIZATION I, Lydia A. Porter, formerly known as Lydia A. McFadden, the Defendant in the abovecaptioned matter, hereby request and authorize my attorneys Scaringi & Scaringi, P.C. and Debra R. Mehaffie, Esquire, immediately withdraw as my attorneys because I desire to represent myself in this matter. Furthermore, I intend to represent myself at the oral argument currently scheduled for October 8, 2009 at 2:00 p.m. Respectfully submitted: Date: A? " A. c adden y 'a A. Porter J FRANKLIN A. PORTER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA -v- CIVIL ACTION - LAW LYDIA A. MCFADDEN, NO. 00-6576 n/k/a LYDIA A. PORTER IN CUSTODY Defendant CER'T'IFICATE OF SERVICE I, Amanda L. Emerson, Paralegal for Scaringi & Scaringi, P.C. do hereby certify that a copy of the foregoing petition For Leave to Withdraw as Counsel in the above-captioned case has been duly served upon the following individual(s) by depositing same in the United States Mail, First Class, Postage Prepaid, addressed as follows: Lydia A. Porter 1163 Pond Road Harrisburg, Pa 17111 Franklin A. Porter 827 Samoset Drive Harrisbur , Pa 17109 Date: ? Z ?1%" Amanda L. Emerson, Paralegal OF THE G' "i Vim, 1 y r.. V/ • Str L a Zuuy FRANKLIN A. PORTER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA -v- CIVIL ACTION - LAW LYDIA A. MCFADDEN, n/k/a LYDIA A. PORTER Defendant NO. 00-6576 IN CUSTODY ORDER AND NOW THIS 2 9 ' day of September, 2009, upon consideration of the foregoing Petition for Leave to Withdraw as Counsel and Defendant's signed Authorization, it is hereby ORDERED that said Petition is GRANTED. Scaringi & Scaringi, P.C. and Debra R. Mehaffie, Esquire, are withdrawn as counsel for Defendant Lydia A. Porter in the above-captioned matter. Distribution: The Honorable Kevin A. Hess Debra R. Mehaffie, Esquire, aringi & Scaringi, P.C. 2000 Linglestown Road, Suite 106, Harrisburg, PA 17110 vtydia A. Porter, 1163 Pond Road, Harrisburg, Pa 17111 Franklin A. Porter, 827 Samoset Drive, Harrisburg, Pa 17109 J BY THE COURT: F, Ry 2 0 9 9 SLE P 29 Pi 1 ' FRANKLIN A. PORTER, Plaintiff VS. LYDIA A. MCFADDEN, n/k/a LYDIA A. PORTER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 00-6576 : IN CUSTODY IN RE: PETITION TO TRANSFER CUSTODY ACTION ORDER AND NOW, this 9. day of October, 2009, it appearing that both parties are residents of Dauphin County and that Dauphin County is and has been the home county of the minor child who is the subject of this case, the petition of the defendant to transfer this action is GRANTED and the Prothonotary of Cumberland County is directed to forward to the Prothonotary of Dauphin County certified copies of the docket entries, process, pleadings and other papers filed in this action. The costs and fees of the petition for transfer and the removal of the record shall be paid by the petitioner in the first instance to be taxable as costs in the case. BY THE COURT, Franklin A. Porter 827 Samoset Drive Harrisburg, PA 17109 ?dia Porter 1163 Pond Road Harrisburg, PA 17111 :rlm to rq *K'eviA. ? A4 s s, J. F LE[*r--" ; M THE P pY 2009 OGT -9 FM 12: v8 'ATY