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00-08117
~.:.. I~ . I ~il' '.' . " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN D. ANDERSON, IV, Plaintiff v. CIVIL ACTION - LAW IN CUSTODY NO. 2000- 1//7 Ci;;J t..u- MARIA S. ANDERSON, Defendant COMPLAThITFORCUSTODY AND NOW, this 16th day of November, 2000, comes Plaintiff, JOHN D. ANDERSON, IV, by and through his attorney, Michael J. Hanft, Esquire, and files the following Complaint for Primary Custody and in support thereof avers as follows: I. The Plaintiff is John D. Anderson, IV, an adult individual residing at 537 North Bedford Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is Maria S. Anderson, an adult individual residing at 204 Meals Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Plaintiff seeks physical and legal custody of the following children: Name John D. Anderson, V Present Residence 537 North Bedford Street Carlisle, P A 17013 Age 7 Date of Birth 03/28/1993 Mariah D. Anderson 537 North Bedford Street Carlisle, P A 17013 6 03/02/1994 The children were not born out of wedlock. The children are presently in the physical custody of the Plaintiff. ~- - ~. " . iIili-""-~",;,: .. .' r In addition to the children's present address, during the past five years, the children have resided with either Plaintiff or Defendant or both Plaintiff and Defendant at the following addresses: 1445 Trindle Road, Carlisle, P A 17013 The mother of the children is the Defendant, who resides at 204 Meals Drive, Carlisle, Cumberland County, Pennsylvania 17013. The father of the children is Plaintiff, who resides at 537 North Bedford Street, Carlisle, Cumberland County, Pennsylvania 17013. 4. The relationship of Plaintiff to the children is that of father. 5. The relationship of the Defendant to the children is that of father. 6. Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody ofthe children in this or another court. The Plaintiff has no information of a custody proceeding concerning the custody of the children in this or any other court. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interests and permanent welfare of the children will be served best by granting the relief requested because: a) The Plaintiff has had shared physical and legal custody of the children since the children's birth; b) The Plaintiff provides the children with a home with adequate moral, emotional and physical surroundings as required to meet the children's needs; c) The Plaintiff is, and has always been, willing to accept custody of the children; and ,"--oJ,- 1"_- ;;. , j .,. ->-"~'ltlrf~,,_c, .' d) The Plaintiff continues to exercise parental duties and responsibilities and enjoys the love and affection ofthe children. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children has been named as parties to this action. There are no other persons who are known to have or claim a right to custody or visitation ofthe children. WHEREFORE, Plaintiffrespectfullyrequests Your Honorable Court grantPlaintiffphysical and legal custody of John D. Anderson, V and Mariah D. Anderson. Respectfully submitted, ichael J. Hanft, squire Attorney ill No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, P A 17013-9142 (717) 249-5373 Attorney for Plaintiff ~I ~ " . ~~~ ~,~,--; . . . . VERIFICATION I VERIFY that the statements set forth in the attached document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. Section 4904 relating to F: \User Folder\Finn Docs\Forms\LitigationWerification.generic :"_o'"'<r"---- :;I('JI"- j , l_ " . _; "_'n .1_ ,- - --:Ehl': I'.' .' NOV' ! 0 203& 5 'j IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN D. ANDERSON, N, Plaintiff v. CNIL ACTION - LAW IN CUSTODY NO. 2000- Zl! / 7 C; () II MARIA S. ANDERSON, Defendant ORDER OF COURT AND NOW, this day of , 2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel shall appear before , 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 shall/may also be present at the Conference. Failure to appear at the Conference may provide grounds for entry of a temporary or permanent Order. FOR THE COURT, By: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ;.~,,' - I I~ -'"'. T' =i>i>li.J; '" ~&%-/-: _. ". IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN D. ANDERSON, IV, Plaintiff v. CIVIL ACTION - LAW IN CUSTODY MARIA S. ANDERSON, Defendant NO. 2000-8117 Civil CERTIFICATE OF SERVICE AND NOW, this 28th day of November, 2000, I, Michael J. Hanft, Esquire, hereby certify that the following person was served with a True and Correct copy of the Complaint for Custody filed in the above-referenced matter. The Complaint for Custody was mailed on November 16, 2000, but actual service took place on November 20, 2000, by Defendant signing for a copy of the Complaint for Custody which was mailed in the United States Mail, Certified Mail--Return Receipt Requested, Restricted Delivery, Postage Prepaid, addressed as follows: Maria S. Anderson 204 Meals Drive Carlisle, P A 17013 A copy of the signed Domestic Return Receipt is attached hereto as Exhibit "A" and by reference incorporated herein and made a part hereof. Respectfully submitted, ~* Michael J. Hanft, Esquire Attorney ill No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 F:\User Folder\Firm Docs\Gemlocs2000\1922-2ce1tificate.semce.wpd ,: ,,~b ,- -::!' ;>- rr Lr:: L-:;': 1:.--'::: (~1 "- " ::J <( /...! :3 -::::; ""-.. , ,,- .if "--- I~ :>. '=! ::cJ >- CJ \ -,- Cf) c-..; --=]2 , !_.:LZ L>_~ - '-lJLU c..~ (Del- z :~'E " C) =-) ,--;0;;- "--' 0 (,) ~'~-';""""'"~<"l 4' -, - ~. ~ :!! fI) 0 COQ!l~e items 1 and/or 2 far a(lditional services. Q) Complete items 3, 4a, and 4b. t!! 0 Print your name and address on the reverse of this form so that we can retum this ~ card to you. f I:J Attach this form tl;> the front of the mallpiece, or on the back. if space does not cu permit. i:i 0 Write "Return RSceipf Requested' on the mailpiece below the article number. c 0 The Return Receipt will show to whom the article was delivered and the date o delivered. 't:I 3. Article Addres13ed to: '* /"\ '6. fI/o..rlO- S. rrnd e,SO"J ~ ~4 (Y)~ bn~ ~ COf'll~:k.. ) ffi 1701 ~ Q Q .. Z II: .... W II: !s Q ... !!! ~-I L SEIilDE"R: -.~ - I also wish to receive the follow. ing services (for an extra fee): 1. 0 Addressee's Address 2~estricted Delivery ,"..} 4a. Article Number 1 3/{J) o::n;'.( 4& 4j). Service Type o Registered o Express Mail o Return Receipt for Merchandise 0 COD ~ertifjed o Insured (Only If requested ilI<d 102595-99-8-0223 Domestic Return Receipt oj o 'S: ~ In a "ijj o ~ p: c ~ ~ 1i II: g'; .iii, ~. l;. ~ ~ Q ... ... c .. .c .... >-- -.:T i::: cr;; lD ~~ Z '" N ::-:) .-r- , f~)-~ (S ( t)~ ~ "- ,"- "" ':J ::'::.J en S~ N ; IT: Z ..U LU ,,- c:::; 31 n.. -~ 0 .=) -'-~" 0 U r - ;;---~ _. .. .1L 1 _I' "I =", '-""'--~';i,,, .. .. ~ JOHN D. ANDERSON, IV PLAINTIFF V. MARIA S. ANDERSON DEFENDANT IN TIIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA 00-8117 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 28th day of November, 2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Dawn S. Snnday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on the 19th day of December, 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: Isl 'awn S. Sund'a Es Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE TillS 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 ~ 1,_.,,,,_.. ,. ~~~.,.,.~ J() IOe) IJ .;. () () /(). -;- ~() ,. "-, "4 ~~"' "= _ .~- ~-"~.;;'!1"",~'-"''''''''';'',-;.''--''''~M-~'~~-,",~'"~~'<";",,,"; ";,~"",;--.""K,,,-.dF~"""<;"~~'"'(/::::~_":j ~, FILED-0FFIGE OF ! j...)r: (v'v'YrWON . , 'L.. . ,"'\J ",,) orMY 00 DEC - I PH 2: 35 CUMSEHi..N'-JD COlJN1'( " ~YLVANIA wJ. &If1 ~ d; aIf' ~jIf Vl~ ~ ~~. t~ ~;.iJ/ ~ 4 ~ '. .. . I~ ':<1!i1'l1l~~~!F!l'~~~fS"ilf!'l'f@l'~~\f'\';""'iW1"IW"!\'i;s:"!l'~"jWj~~W'~'ffl'ff;lll'l~~~~t_, r!II;W.~_IJ!:"Jf4i!~ -~ .1- .i.- ,.1 -"--, " '" ..-."~",,";.......,- -'~k'"" ~ . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN D. ANDERSON, IV, Plaintiff v. CIVIL ACTION - LAW IN CUSTODY MARIA S. ANDERSON, Defendant NO. 2000- (J/J'7 C/ () [' I NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or obj ections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYERAT ONCE. IF YOU DO NOT HAVE ALA WYER 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 NOTlCIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion ypor cualguier quej a 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiendades 0 otros derechos importantes para usted. LLEVEESTADEMANDAA UN ABOGADOIMMEDIATAMENTE. SINOTIENEABOGADO o SINO TIENE ELDINERO SOFICIENTEDEPAGAR TALSERVICO, V AYAENPERSONAL '-~-.' ..,;.~ # . o LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRlTA ABAJO PARA A VERlGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 chael J. Hanft, squire Attorney ill No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 Attorney for Plaintiff . I , ~.' F,>-+ . , -'b DEe 1 4 20Q~ (fl JOHN D. ANDERSON, IV, Plaintiff : IN THE CDURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . . . . vs. : NO. 00-8117 CIVIL TERM : . . CIVIL ACTION - LAW MARIA S. ANDERSON, Defendant . . . . IN CUSTODY ClIDER OF WJRT AND liOi, this 7th day of December, 2000, the Conciliator, being advised by the petitioner's counsel that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction in this case. The Custody Conciliation Conference scheduled for December 19, 2000, is canceled. FOR THE COURT, il~ Custody Conciliator ;1 .', OF i-',::;::q[-.;t')i'.K)TARY U'.I"' nt"'." 18 "I' '1.2' J L-c.L f'fl t.> .,,4 CUlviBEF1NiD COUN1Y PENNSYLVANIA '" ftII "" ~ " ~fW_ illi(anu~L .~41 ~.., "~ [)lli~~<,;j!~<,,!;p;r{>'~Thwq'~^1J!"'1fl!j!j --, ,-- -'~~i .;. JOHN D. ANDERSON, IV PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 00-8117 CIVIL ACTION LAW MARIA S. ANDERSON DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, Jauuary 29, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Suuday, Esq. , the conciliator, at 39 West Maiu Street, Mechanicsburg, PA 17055 on Tbursday, February 21, 2002 at 10:00 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: Isl Dawn S. Sunday. Esq.,yV\. 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 TIIIS 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 "" j"cltl.o;Z /";)/l"();! I ";;q -tj) ~ ~ - ,"""" ~-~ " - . ,,". - ,- ~ ,"0-. .". _, _," % .. _ ~,. _',,_ r.~I'1 (:rt -_ OF -." ,..u-rl,r:cv'/O 7!~i;~ nnr-::'-; r '\;... ..., '-';.",'ONOTARY 02 ..ltlN 29 p,'" ? 5 n ~I. Q , - CUM," -. '. "',,,'. -0'-4 1L,.;~i\LJ ("(\j r 1 PENNSYLVA'N/AJNTY a/-~.~$4~ '/l~ ~ ;7')~o ~~~4~ ~ <~ ~,~,~~ ~~".- --,-" ,. IT. I ~=.4 _..~" ~. ~:~~~~_~~'~'~'11Y~fi')fI~~~~I.d",~r"..,.,,_ . - , r <'" ,-,'.=- , -. ,', ~ '~ ,3 JAN 2 3 200Z \IY John D. Anderson, IV : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : CUSTODYNISITATION Maria S. Anderson, DefendantlPetitioner : NO. 2000-8117 CIVIL TERM ORDER OF COURT AND NOW, ,2002, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before the conciliator, at on the _ day of 2002, at o'clock, _.m., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT: By: Custody Conciliator Tbe Court of Common Pleas of Cumberland Connty is required by law to comply with tbe Americans with Disabilities Act of 1990. For information about accessihle facilities and reasonable accommodations available to disabled individnals 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 TIDS PAPER TO YOUR LA WYERAT 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, P A 17013 Phone: (717) 249-3166 - John D. Anderson, IV : IN THE COURT OF COMMON PLEAS OF PlaintifflRespondent : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : CUSTODYNISITATION Maria S. Anderson, Defendant/Petitioner : NO. 2000-8117 CIVIL TERM COMPLAINT FOR CUSTODY 1. The Petitioner is Maria S. Anderson residing at 132 South Hanover Street, Apt. 1 , Carlisle, Cumberland County, Pennsylvania 17013. 2. The Respondent is John D. Anderson, residing at 537 North Bedford Street, Cumberland County, Pennsylvania 17013. 3. Petitioner seeks shared custody of the following children: NAME RESIDENCE DOB AGE John D. Anderson, V 537 North Bedford Street 3/28/93 8 yrs 10 months Carlisle, PA 17013 Mariah D. Anderson 537 North Bedford Street 3/2/94 7 yrs 10 months Carlisle, P A 17013 The children were not born out of wedlock. The children are presently in the custody of Respondent. ~ -, ., ,- . L' ~"I... " ,"" "" do __,__ _ ~<",-' ~ ,;',,", ./ , During their lives, the children have resided with the following persons and at the following addresses: NAME ADDRESS DATES John D. Anderson, IV 537 North Bedford Street Carlisle, P A 17013 November 2000 to present Maria S. Anderson and John D. Anderson, IV 537 North Bedford Street Carlisle, PA 17013 Summer 1998 to November 2000 Maria S. Anderson and John D. Anderson, IV 1445 Trindle Road Carlisle, P A 17013 1992 to summer of2000 The mother of the children is Maria S. Anderson, currently residing at 132 South Hanover Street, Carlisle, P A 17013. She is unmarried. The father of the children is John D. Anderson, IV, currently residing at 537 North Bedford Street, Carlisle, P A 17013. He is married. 4. The relationship of the Petitioner to the children is that of mother. The Petitioner currently resides with the following persons: Carl Michael Barnes, on weekends. 5. The relationship of the Respondent to the children is that of father. The Respondent currently resides with the following persons: wife of unknown name 6. Petitioner has participated as a party or witness, or in another capacity, in other litigation concerning tlle custody of the children in this or another court. This was the proceeding in 2000 at this same docket number. Petitioner has no information of a custody proceeding concerning the children pending in another court ofthis Commonwealth. -- , "' . i " . -.--, '" -''-, __'/_ E"';"":; Petitioner does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested for the following reasons: A. A Court ordered determination of custody is required to avoid continuing conflict between the parties regarding parental responsibility for custody and support. Though Respondent and Petitioner signed a written custody agreement dated December 6, 2000, and though Respondent's counsel filed the custody agreement and sought a Court order, no Court order has been obtained. B. The custody agreement provided for substantial partial custody by Petitioner [3 weekdays per week and alternate weekends, but no overnights], and approved shared physical custody. Despite these terms, the Respondent, John D. Anderson, IV, has refused to give Petitioner access to the children. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Petitioner requests the Court to grant shared custody of the children to Petitioner pending the hearing. Respectfully submitted, ANDREWS & JOHNSON By: T yl . 1\ndrews, Esquire (l\t rney for Plaintiff 8 West Pomfret Street Carlisle, PA 17013 Telephone: (717) 243-0123 Supreme Court ID No. 15641 iii.. ";', ,1 )--'- .,', ':-':_'i' ;- ",--;", '-,-'., -, '~, - ,- t) COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ) I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. DATE: III~ 1m I{ Of!,edt!!Jf1IJ "'~WM~_Wi\li;jl~'" ""- ,"-, ~,- Ji1iIliiIil__- ifrj}"-> ~ '$-- ,'^~"" ~", , .-"",e.._.,__. .,_~.',W,.""" .". __ "'~'<''"'',' -',~,"",""_'C, '~_,' "_,,,."'" .'"_."-'f.."",,. ~ -' __~ , " -- ,,- ,~ ~,,,-~~ """- . () C) ("", ~ C P0 --n ~ "'- - , "1J[C )":;-ao F riirn ::;;::: hl~J1 Z:D r ~ zc- !~i* ~i~: co ~o v .c. /l(\ ~(") ::l;: '7( ) 0 ~ ~8 ~ Om "? {" 9- ~ r:- 5.:! g :n .::- -< --~--- ~" [lri J ~ . , ~J ...' -~I , ~ ,~'- - iIi:ItL' ',",J-~--, ),] . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN D. ANDERSON, N, Plaintiff v. CNIL ACTION - LAW IN CUSTODY MARIA S. ANDERSON, Defendant NO. 2000-8117 Civil Term PRAECIPE TO THE PROTHONOTARY: Attached please find a Custody Agreement to be forwarded to the Court for entry as an Order. >ML~t1r1! Date: December 7,2000 AttorneyLD. No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, P A 17013-9142 (717) 249-5373 Attorney for Plaintiff, John D. Anderson, V F:\User Folder\Firm Docs\Gen(locs2000\1922-2praecipe.l ,wpd ~' I '"" J. ",I ",-,'" ,; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN D. ANDERSON, N, Plaintiff v. CNIL ACTION - LAW IN CUSTODY MARIA S. ANDERSON, Defendant NO. 2000-- 8117 Civil Term CUSTODY AGREEMENT I A-lh THIS AGREEMENT, made this Ul day of December, 2000, by and between John D. Anderson, N, of Carlisle, Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "Father," and Maria S. Anderson, of Carlisle, Cumberland County, Pennsylvania, party of the second part, hereinafter referred to as "Mother," or collectively referred to as "the Parties." WHEREAS, Father and Mother desire to provide for the custody their children, John D. Anderson, V, born March 28, 1993, (hereinafterreferred to as "John, V") and Mariah D. Anderson, born March 2, 1994 (hereinafter referred to as "Mariah"). NOW, THEREFORE, the Parties, in consideration of the mutually made and to be kept promises set forth herein and for other good and valuable consideration, intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree to the following with regard to the custody of their children: 1. The Parties agree to shared legal and physical custody ofJ ohn, V and Mariah. Except as provided hereinbelow, and unless otherwise agreed to in writing by the Parties, Father shall have F;\Uscr Folder\FimI DocsIGend<ICs200011922-2Cu.tooy.AgrccmCOI.wpd 1 -~ -~.d.~, ~ '*Ji I ~- ~ . I" "-""- ~, "I y.~t,- I primary physical custody of Jolm, V and Mariah, subject to Mother's periods of custody and visitation. Neither Party shall move his or her residence from Cumberland County, Pennsylvania, without first giving sixty (60) days' notice to the other Party. At that time, either Party can petition the Court of Common Pleas of Cumberland County, Pennsylvania for modification of custody, if necessary. Each Party shall be responsible for the day-to-day decisions while he or she has custody of Jolm, V and Mariah. Neither Party has the right to make a unilateral decision regarding medical treatment (other than emergency treatment). It is agreed between the Parties that any decisions regarding medical treatment (other than emergency treatment) to be rendered to Jolm, V and Mariah will be made jointly. 2. Each Party agrees to keep the other apprised of any and all matters relating to J olm, V's and Mariah's health, education, welfare, and activities. 3. Unless otherwise agreed to by the Parties, the following custody/visitation schedule for Jolm, V and Mariah shall apply: a. Weekdays. On Mondays, Wednesday and Fridays, Mother shall pick J olm, V and Mariah up from school at 3:25 p.m. and have visitation with the children until 6:30 p.m. at which time Mother will return the children to Father's residence, Father's parents' residence, or any other mutually agreed upon location. P,\Uso' Foldcr\Firm DocsIGend""s2000l1922-2CuslOOy.AgroomOOI.wpd 2 ~ .'_] J ILc" , . _~ ~ :L ~ - . ~. '. :; b. Weekends. On alternating weekends, when Mother is offfrom work, Mother shall have visitation and custody of John, V and Mariah, however, Mother shall return John, V and Mariah to Father or Father's parents no later than 7 :00 p.m. Friday night, Saturday night and Sunday night. b. Holidays. 1. Thanksgiving-The Parties agree to alternate custody of John, V and Mariah on an annual basis for Thanksgiving at such times as the parties may agree. H. Christmas--The Parties agree to alternate custody of John, V and Mariah on an annual basis for Christmas at such times as the parties may agree. If the parties can not agree, then Mother shall have custody of John, V and Mariah every Christmas Day from 3:00 p.m. until 8:00 p.m. HI. Other holidays. --The Parties agree to alternate custody of John, V and Mariah on an annual basis for the following other holidays each year: New Year's Day, Martin Luther King Day, Presidents' Day, Easter, Memorial Day, Independence Day, Labor Day, Columbus Day and Veterans' Day; with respect to this clause, a "Monday holiday" (holiday "observed") if any, is referred to, if it differs from the traditional date, and, in the case of a Friday or Monday holiday on which John, V and Mariah do not have school, and which immediately precedes or immediately follows a weekend on which said Party has custody, then the Friday holiday shall include the night between Friday and the weekend, and the Monday holiday shall include the night between the weekend and Monday. Once a schedule is established for any particular holiday, custody of John, V and Mariah shall alternate between Father and Mother every year according to that same schedule. F,\UserFolder\FirmDocs\GCl1docs2000\1922-2CuSlody.Agr~OIIlenlwpd 3 ~ .<~ ~ I'~ ,. , , , ~;,-;~ IV. Miscellaneous holidays. a. The Parties hereto agree that they will cooperate and be as flexible as possible with regard to custody of John, V and Mariah for any holiday or extended vacation period. In the event that any holiday discussed in this section or these Agreement falls on a weekend or evening visitation of the Party not having primary physical custody of John, V and Mariah, then the holiday schedule will take precedence over the normal custody schedule. b. Mother shall have custody of John, V and Mariah on every Mother's Day from 9:00 a.m. until 7:00 p.m. Father shall have custody of John, V and Mariah on every Father's Day from 9:00 a.m. until 7:00 p.m. c. Father and Mother shall discuss and agree on a custody schedule for John, V and Mariah at least two (2) weeks prior to any holiday not specifically mentioned in the Agreement. Once a schedule is established for any particular holiday not specifically discussed in this agreement, custody of John, V and Mariah shall alternate between Father and Mother every year according to that same schedule. d. It is the intent ofthe Parties that transportation of John, V and Mariah between parents for all purposes, but especially custody purposes, shall be as flexible and accommodating as possible. It is recognized that transportation will obviously be dependent upon each party's personal circumstances and employment. e. The Parties may agree to modify this schedule without the necessity of a Court Order. It is specifically agreed. between the Parties that visitation shall be as reasonable, liberal and frequent as possible. The periods outlined above are to take effect if the Parties can not agree as to a particular custody schedule. !',IUser !'olderIFiml DocsIGCIldoo;2000\1922-2Cusrody.Agrocrnent,wpd 4 ~ ,"'" " ,""""'-~- [" " =, " 'j,; ~,I 4. The Parties hereby agree that as long as there is no cost involved, both Father and Mother shall carry John, V and Mariah on their respective health insurance coverage as long as John, V and Mariah are eligible for said coverage. If and when health insurance becomes an out of pocket expense for either Party, the Parties will equally share the costs of providing John, V and Mariah with coverage similar to what they currently has as ofthe date of this Agreement. The Parties agree that they will equally share in any unreimbursed medical expenses incurred for the care of John, V and Mariah. 5. The Parties agree to equally share all costs of child care paid for by the Party exercising primary custody of John, V and Mariah for purposes of maintaining his or her employment. As of the date ofthis Agreement, any babysitter, governess or nanny, who may by law be deemed to be an "employee" shall be solely the employee ofthe Party having primary physical custody, notwithstanding the fact that the other Party may contribute to his or her compensation. 6. If and when the Parties begin filing separate income tax returns, it is agreed that the Party having primary physical custody for a majority of a particular calendar year may claim John, V and Mariah as his or her dependent for that particular income tax year. 7. The Parties agree that while they have custody of the children, they will not expose the children to cigarette smoke. F:\User FolderlFirm Docs\Gclldocs2000\1922-2Cnstody,Agreementwpd 5 \iI '~H" ,I dad': .1 lIiiJ""'"=^'" ,',' 8. The Parties hereto have had the opportunity to retain independent legal counsel. The provisions ofthis Agreement and their legal effect have been fully explained to the Parties by their respective counselor the Parties have waived their right to have legal advice regarding the meaning and implication of this Agreement. The Parties acknowledge and accept that this Agreement is, under the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. rs~ \f>~ seals the day and year first IN WITNESS WHEREOF, the Parties have set their han above written. WITNESSED BY: (SEAL) EAL) nUs..-Fold..-lFirmDocslGendocs2000\l922-2Custody.Agreem.enl.wpd 6 ~~~~'~'*ir"~~~~~"'~~""'*WJl<liiIt,;{,c:&",,,1ii'ffi~,,,k,,:).Ik"~h..~'~liIiiIl!;OOi;j,,,jltNi&~1-' -~ -~~,~,.,Iij;:~-'~~~"'~-'''~-'-""'-~-1l:: (") c: <?' '"<Jet fPrt' ;?;:-:) 051-" ;:::S.:;> ;$oe' ;<::() :SO !i ~ "'u ""~, ,- ~ ,.~- - ~ - ~-. _, u _". ~-~.~~ c::, C) <:::J ''"i 'C"') I ......, ;)::,. :.:l:; l.O -. ;:- <.0 Iiii~i. , r;? :-:::1 ",__'_,i,~:: :".' 'f"l ;:-;;;/'? -:'~.~; G,) i'<--i-f 32--:(~) ()rl1 -., 55 -<: t .~. ~ "~ - , I" L - ,~-~._- "".<>>l, - ~L , -.. - JOHN D. ANDERSON, IV, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 00-8117 CIVIL ACTION LAW MARIA S. ANDERSON, Defendant IN CUSTODY ORDER OF COURT AND NOW, this ~~ day of F~ ' 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The ,Father, John D. Anderson, IV, and the Mother, Maria S. Anderson, shall have shared legal custody of John D. Anderson, V, born March 28, 1993, and Mariah D. Anderson, born March 2, 1994. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emetgency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Both parties shall have equal access to all records pertillning to the Children, including medical and school records. 2. The Father shall have primary physical custody of the Children. 3. The Mother shall have partial physical custody of the Children in accordance with the following schedule: A. The Mother shall have custody of the Children on Friday, February 22,2002, from 3:30 p.m. unlil 5:00 p.m. at the Carlisle YMCA. For purposes of this period of custody, the Children shall be transported to the YMCA by their paternal grandmother, Betty Anderson, who may remain at the facility but shall not be present in the immediate vicinity of the Mother and the Children during the period of custody. B. The Mother shall have custody on Saturday, February 23, 2002 from 12:00 noon through 3:00 p.m. The Mother shall notify the Father in advance of the location where she intends to enjoy her period of custody with the Children. C. Beginning on Monday, February 25, 2002, the Mother shall have custody of the Children every Monday from after school (3:30 p.m.) until 6:30 p.m. The Mother may retain custody of the Children until 7:30 p.m. on Mondays when there is no school on the following day. Cj^~J.. _. '"-'."~'-~"'~ "_,_~~ __.1 ~ .1 ~~ - ~ ~-"b.~""""!lMi\'.1 .. D. Beginning on Friday, March 1,2002, the Mother shall have custody of the Children every Friday from after school (3:30 p.m.) until 7:30 p.m. E. Beginning on March 9 and 10, 2002, the Mother shall have custody of the Children on alternating weekends on Saturday from 11:00 a.m. until 7:00 p.m. and on Sunday from 10:00 a.m. unti16:00 p.m. 4. The parties shall share or alternate having custody ofthe Children on holidays as follows: A. SHARED HOLIDAYS: The parties shall equally share having custody of the Children on Easter, Thanksgiving, Christmas, and New Years Day each year, with the specific times for the exchange of custody to be arranged by agreement. B. ALTERNATING HOLIDAYS: The parties shall alternate having custody of the Children on Memorial Day, July 4th, Labor Day, Columbus Day, Veterans Day, Martin Luther King, Jr. Day and Presidents Day. The alternating schedule shall begin with the Father having custody of the Children on Memorial Day in 2002. The period of custody on the alternating holidays shall run from 9:00 a.m. until 6:30 p.m., on a school night or until 7:30 p.m., if there is no school the following day. C. MOTHER'S DAY/FATHER'S DAY: The Mother shall have custody of the Children every year on Mother's Day from 10:00 a.m. until 6:30 p.m. and the Father shall have custody of the Children every year on Father's Day from 10:00 a.m. until 6:30 p.m. D. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. Unless otherwise agreed between the parties, the Mother shall provide transportation for all exchanges of custody to or from the Father's residence, the Father's parents' residence, or any other mutually agreed upon location. 6. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 7. After the parties have followed the custody schedule set forth in this Order for a period of at least 3 months, counsel for either party may contact the Custody Conciliator within 6 months of the date of this Order to schedule an additional Conference if necessary to review the custody arrangements. .=&.~~""- .... ~-,=, .- ~ lI!b.._,.,.;o.-~"='H;i,h[- k ~ ~ 8. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. J. cc: Taylor P. Andrews, Esquire - Counsel for Mother Ryan Jones and Joan Carey, Esquire - Counsel for Father ~ ~3_D'f-O.t." ~. . "'" ~_~.k_~~~,~ ~ ~,._",,_i'~c~~', "_~.~ ~".-~.~,<. ~ '''','''', "" - ~ ,,.,,,. \II ~~ , . ". ~~ ~ ~" ~"., _, '-0 ~'~_""''';;'''' ~_ *~. ,< ~, C::= !"i._'~ , :- ~'-':C;N:'~)T/\RY -,~ 1"0 I U,:: "'~hll, - f.q Q. ?n Wl U. ,,~.:... CUMi:!t:Hu\I\;L.I COUNTY PENNSYLVANiA j':'J4 'i~V i" '., < m(fllJ[~~T 1~'f!C,,1)\R _,,'"'- .~J~.niL ![:v" _~ - ~ >-" .. ." ,. ..1 ,~~ ~ I. ,l. I,: .1 --~~~ ,~ ~.h.~I,. "~i'!.~",,,",,,..:jI' -~\!i~,; -... . JOHN D. ANDERSON, IV, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 00-8177 CIVIL ACTION LAW MARIA S. ANDERSON, Defendant IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF John D. Anderson, V Mariah D. Anderson March 28,1993 March 2,1994 Father Father 2. A Conciliation Conference was held on February 21,2002, with the following individuals in attendance: The Father, John D. Anderson, IV, with his counsel, Ryan Jones and Joan Carey, Esquire, and the Mother, Maria S. Anderson, with her counsel, Taylor P. Andrews, Esquire. 3. Much to their credit in difficult circumstances, the parties were able to reach an agreement on custody arrangements as reflected in the attached proposed Order. The parties acknowledged the extreme importance of putting aside their personal differences and past conflicts in order to work together to serve the Children's interests. H J.,m r-'-J rl'~ ~;:1' Date o~ J~ 0& Dawn S. Sunday, Esquire r Custody Conciliator IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN D. ANDERSON, IV, Plaintiff MARIA S. ANDERSON, Defendant CIVIL ACTION - LAW IN CUSTODY No. 2000- a'//7 c 0 [ { NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 NOTICIA Le ran demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar trna apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualguier quej a o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiendades o otros derechos importantes para usted. LLEVE ESTA DEMANDAA UN ABOGADO IMMEDIATAMENTE' SINO TIENE ABOGADO O SI NO TIENE EL DINERO SOFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONAL O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Attorney ID No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN D. ANDERSON, IV, Plaintiff MARIA S. ANDERSON, Defendant CIVIL ACTION - LAW IN CUSTODY NO. 2000- ?II7 COMPLAINT FOR CUSTODY AND NOW, this 16th day of November, 2000, comes Plaintiff, JOHN D. ANDERSON, IV, by and through his attorney, Michael J. Hanft, Esquire, and files the following Complaint for primary Custody and in support thereof avers as follows: 1. The Plaintiff is John D. Anderson, IV, an adult individual residing at 537 North Bedford Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is Mafia S. Anderson, an adult individual residing at 204 Meals Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Plaintiff seeks physical and legal custody of the following children: Namq John D. Anderson, V Mariah D. Anderson Present Residence_ 537 North Bedford Street Carlisle, PA 17013 537 North Bedford Street Carlisle, PA 17013 Age_ 7 Date of Birth 03/28/1993 03/02/1994 The children were not bom out of wedlock. The children are presently in the physical custody of the Plaintiff. The Plaintiff continues to exercise parental duties and responsibilities and enjoys the love and affection of the children. 8. Each parent whose parental fights to the children have not been terminated and the person who has physical custody of the children has been named as parties to this action. There are no other persons who are known to have or claim a right to custody or visitation of the children. WHEREFORE, Plaintiffrespectfullyrequests Your Honorable Court grant Plaintiffphysical and legal custody of John D. Anderson, V and Mariah D. Anderson. Respectfully submitted, Attorney ID No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 Attorney for Plaintiff © n~ 0 ~aolmImuoD XpolsnD ~s~t ' ,u~pun$ '$ uravlz '£MFIOD HILL J;llflOO 2IO X(IO.LSflO NI : : 3AV'I NOI, LDV 'IIAID LIIS-00 : : VINVA~IASNN~td 'AANflOD GNV~IMHItI~flD : ~IO SVH~Id NOIAIIAIOD ~[0 AMlqOO HI-IA NI : &NV(IN[Id~I(I NOSM~I(/NV 'S VPdVIaI 'A :I~tLLNIV"Id AI 'NOSM~(INV 'Q NHOf O0 BEC - i PN 2:35 . ~~,"'"' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN D. ANDERSON, IV, Plaintiff Vo MARIA S. ANDERSON, Defendant CIVIL ACTION - LAW IN CUSTODY NO. 2000-8117 Civil CERTIFICATE OF SERVICE AND NOW, this 28th day of November, 2000, I, Michael J. Hanft, Esquire, hereby certify that the following person was served with a True and Correct copy of the Complaint for Custody filed in the above-referenced matter. The Complaint for Custody was mailed on November 16, 2000, but actual service took place on November 20, 2000, by Defendant signing for a copy of the Complaint for Custody which was mailed in the United States Mail, Certified Mail--Return Receipt Requested, Restricted Delivery, Postage Prepaid, addressed as follows: Mafia S. Anderson 204 Meals Drive Carlisle, PA 17013 A copy of the signed Domestic Return Receipt is attached hereto as Exhibit "A" and by reference incorporated herein and made a part hereof. Respectfully submitted, Attorney ID No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 SENDER: [] Con~e items I and/or 2 for additional services. Complete items 3, 4a, and 4b. [3 Print your name and address on the reverse of this form so that we can return this card to you. [] Attach this form to the front of the mailpiece, or on the back if space does not [] Write 'Return Receipt Requested' on the mailpiece below the adicie number. [] The Return Receipt will show to whom the article was delivered and the date delivered. 3. ~.rticle Addressed to: , I also wish to receive the follow- ing services (for an extra fee): 1. [] Addressee's Address 2.~Restricted Delivery 4a. Article Number 4b. Service Type [] Registered ,~ertified [] Express Mail [] Insured [] Return Receipt for Merchandise r-I COD 7. Date of Delivery 8. Addressee's Addr~% (Onlyifrequ~tedalld fee/s a/d) 1025g5ogg-B-0223 Domestic Return Receipt IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN D. ANDERSON, IV, Plaintiff MARIA S. ANDERSON, Defendant CWIL ACTION - LAW IN CUSTODY NO. 2000-8117 Civil Term PRAECIPE TO THE PROTHONOTARY: Date: December 7, 2000 Attached please find a Custody Agreement to be forwarded to the Court for entry as an Order. Michael J. Hanft, E~quir~ V Attorney I.D. No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 Attorney for Plaintiff, John D. Anderson, V F:\User Folder\Firm Docs\Gendocs2000\1922-2praecipe I wpd IN THE COURT OF COMMON PLEAS OF CUMBERLAND cOUNTY, PENNSYLVANIA JOHN D. ANDERSON, IV, Plaintiff Vo MARIA S. ANDERSON, Defendant CIVIL ACTION - LAW IN CUSTODY NO. 2000- 8117 Civil Term C__USTO_.___DY A~GRE_EMENT THIS AGREEMENT, made this ~1)-}PI day of December, 2000, by andbetween John D. Anderson, IV, of Carlisle, Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "Father," and Maria S. Anderson, of Carlisle, Cumberland County, pennsylvania, P arty of the second part, hereinafter referred to as "Mother," or collectively referred to as "the Parties." WHEREAS, Father and Mother desire to provide for the custody their children, John D. Anderson, V, born March 28, 1993, (hereinafter referred to as "John, V") and Mariah D. Anderson, born March 2, 1994 (hereinafter referred to as "Mariah"). NOW, THEREFORE, the Parties, in consideration of the mutually made and to be kept promises set forth herein and for other good and valuable consideration, intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree to the following with regard to the custody of their children: 1. The Parties agree to shared legal and physical custody of John, V and Mariah. Except as provided hereinbelow, and unless otherwise agreed to in writing by the Parties, Father shall have primary physical custody of John, V and Mariah, subject to Mother's periods of custody and visitation. Neither party shall move his or her residence from Cumberland County, Pennsylvania, without first giving sixty (60) days' notice to the other Party. At that time, either Party can petition the Court of Common Pleas of Cumberland County, pennsylvania for modification of custody, if necessary. Each party shall be responsible for the day,to-day decisions while he or she has custody of John, V and Mariah. Neither Party has the right to make a unilateral decision regarding medical treatment (other than emergency treatment). It is agreed between the parties that any decisions regarding medical treatment (other than emergency treatment) to be rendered to John, V and Mariah will be made jointly. 2. Each Party agrees to keep the other apprised of any and all matters relating to John, V's and Mariah's health, education, welfare, and activities. Unless otherwise agreed to by the Parties, the following custody/visitation schedule for John, V and Mariah shall apply: a. Weekdays. On Mondays, Wednesday and Fridays, Mother shall pick John, V and Mariah up from school at 3:25 p.m. and have visitation with the children until 6:30 p.m. at which time Mother will return the children to Father' s residence, Father' s parents' residence, or any other mutually agreed upon location. b. Weekends. On alternating weekends, when Mother is off from work, Mother shall have visitation and custody of John, V and Mariah, however, Mother shall return John, V and Mariah to Father or Father' s parents no later than 7:00 p.m. Friday night, Saturday night and Sunday night. b. Holidays. i. Thanksgiving-The Parties agree to alternate custody of John, V and Mariah on an annual basis for Thanksgiving at such times as the parties may agree. ii. Christmas--The Parties agree to alternate custody of John, V and Mariah on an annual basis for Christmas at such times as the parties may agree. If the parties can not agree, then Mother shall have custody of John, V and Mariah every Christmas Day from 3:00 p.m. until 8:00 p.m. iii. Other holidays. --The Parties agree to alternate custody of John, V and Mariah on an annual basis for the following other holidays each year: New Year's Day, Martin Luther King Day, Presidents' Day, Easter, Memorial Day, Independence Day, Labor Day, Columbus Day and Veterans' Day; with respect to this clause, a"Monday holiday" (holiday "observed") if any, is referred to, if it differs from the traditional date, and, in the case of a Friday or Monday holiday on which John, V and Mariah do not have school, and which immediately precedes or immediately follows a weekend on which said Party has custody, then the Friday holiday shall include the night between Friday and the weekend, and the Monday holiday shall include the night between the weekend and Monday. Once a schedule is established for any particular holiday, custody of John, V and Mariah shall alternate between Father and Mother every year according to that same schedule. iv. Miscellaneous holidays. a. The Parties hereto agree that they will cooperate and be as flexible as possible with regard to custody of John, V and Mariah for any holiday or extended vacation period. In the event that any holiday discussed in this section or these Agreement falls on a weekend or evening visitation of the Party not having primary physical custody of John, V and Matlab, then the holiday schedule will take precedence over the normal custody schedule. b. Mother shall have custody of John, V and Mariah on every Mother's Day from 9:00 a.m. until 7:00 p.m. Father shall have custody of John, V and Mariah on every Father's Day from 9:00 a.m. until 7:00 p.m. c. Father and Mother shall discuss and agree on a custody schedule for John, V and Mariah at least two (2) weeks prior to any holiday not specifically mentioned in thc Agreement. Once a schedule is established for any particular holiday not specifically discussed in this agreement, custody of John, V and Mariah shall alternate between Father and Mother every year according to that same schedule. d. It is thc intent of the Parties that transportation of John, V and Mariah between parents for all purposes, but especially custody purposes, shall be as flexible and accommodating as possible. It is recognized that transportation will obviously be dependent upon each party's personal circumstances and employment. e. The Parties may agree to modify this schedule without the necessity of a Court Order. It is specifically agreed between the Parties that visitation shall be as reasonable, liberal and frequent as possible. The periods outlined above arc to take effect if the Parties can not agree as to a particular custody schedule. 4. The Parties hereby agree that as long as there is no cost involved, both Father and Mother shall carry John, V and Mariah on their respective health insurance coverage as long as John, V and Mariah are eligible for said coverage. If and when health insurance becomes an out of pocket expense for either Party, the Parties will equally share the costs of providing John, V and Mariah with coverage similar to what they currently has as of the date of this Agreement. The Parties agree that they will equally share in any unreimbursed medical expenses incurred for the care of John, V and Mariah. 5. The Parties agree to equally share all costs of child care paid for by the Party exercising primary custody of John, V and Mariah for purposes of maintaining his or her employment. As of the date of this Agreement, any babysitter, governess or nanny, who mayby law be deemed to be an "employee" shall be solely the employee of the Party having primary physical custody, notwithstanding the fact that the other Party may contribute to his or her compensation. 6. If and when the Parties begin filing separate income tax returns, it is agreed that the Party having primary physical custody for a majority of a particular calendar year may claim John, V and Mariah as his or her dependent for that particular income tax year. 7. The Parties agree that while they have custody of the children, they will not expose the children to cigarette smoke. 8. The Parties hereto have had the opportunity to retain independent legal counsel. The provisions of this Agreement and their legal effect have been fully explained to the Parties by their respective counsel or the Parties have waived their right to have legal advice regarding the meaning and implication of this Agreement. The Parties acknowledge and accept that this Agreement is, under the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 1N WITNESS WHEREOF, the Parties have set their above written. WITNESSED BY: jIt D//. ~s?, IV (Father) .(SEAL) /d/~. Anderson (Mo ) 6 JOHN D. ANDERSON, IV, Plaintiff vs. MARIA S. ANDERSON, Defendant DEC 1 2001 IN THE COURT OF ODMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-8117 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY A~ NGW, this 7th day of December, 2000, the Conciliator, being advised by the Petitioner's counsel that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction in this case. The Custody Conciliation Conference scheduled for December 19, 2000, is canceled. FOR THE O0{JRT, custody Conciliator ¥tNVA'IASNN]cl John D. Anderson, IV : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : CUSTODY/VISITATION Maria S. Anderson, : Defendant/Petitioner : NO. 2000-8117 CIVIL TERM COMPLAINT FOR CUSTODY 1. The Petitioner is Maria S. Anderson residing at 132 South Hanover Street, Apt. l, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Respondent is John D. Anderson, residing at 537 North Bedford Street, Cumberland County, Pennsylvania 17013. 3. Petitioner seeks shared custody of the following children: NAME RESIDENCE DOB John D. Anderson, V 537 North Bedford Street 3/28/93 Carlisle, PA 17013 Mariah D. Anderson 537 North Bedford Street Carlisle, PA 17013 3/2/94 AGE 8 yrs 10 months 7 yrs 10 months The children were not bom out of wedlock. The children are presently in the custody of Respondent. During their lives, the children have resided with the following persons and at the following addresses: NAME John D. Anderson, IV Maria S. Anderson and John D. Anderson, IV Maria S. Anderson and John D. Anderson, IV ADDRESS 537 North Bedford Street Carlisle, PA 17013 537 North Bedford Street Carlisle, PA 17013 1445 Trindle Road Carlisle, PA 17013 DATES November 2000 to present Summer 1998 to November 2000 1992 to summer of 2000 The mother of the children is Maria S. Anderson, currently residing at 132 South Hanover Street, Carlisle, PA 17013. She is unmarried. The father of the children is John D. Anderson, IV, currently residing at 537 North Bedford Street, Carlisle, PA 17013. He is married. 4. The relationship of the Petitioner to the children is that of mother. The Petitioner currently resides with the following persons: Carl Michael Barnes, on weekends. 5. The relationship of the Respondent to the children is that of father. The Respondent currently resides with the following persons: wife of unknown name 6. Petitioner has participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. This was the proceeding in 2000 at this same docket number. Petitioner has no information of a custody proceeding concerning the children pending in another court of this Commonwealth. Petitioner does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested for the following reasons: A Court ordered determination of custody is required to avoid continuing conflict between the parties regarding parental responsibility for custody and support. Though Respondent and Petitioner signed a written custody agreement dated December 6, 2000, and though Respondent's counsel filed the custody agreement and sought a Court order, no Court order has been obtained. The custody agreement provided for substantial partial custody by Petitioner [3 weekdays per week and alternate weekends, but no overnights], and approved shared physical custody. Despite these terms, the Respondent, John D. Anderson, IV, has refused to give Petitioner access to the children. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Petitioner requests the Court to grant shared custody of the children to Petitioner pending the hearing. Respectfully submitted, ANDREWS & JOHNSON TS~W~e .l~JAndrews, Esquire y for Plaintiff st Pomfret Street Carlisle, PA 17013 Telephone: (717) 243-0123 Supreme Court ID No. 15641 COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. {}4904, relating to unsworn falsification to authorities. DATE: M'aria S. Anderson, P[tifioner JOHN D. ANDERSON, IV, Plaintiff VS. MARIA S. ANDERSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-8117 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this2~O,,,~ day of~'7-~'~'--(~'"~--~ ., 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, John D. Anderson, IV, and the Mother, Maria S. Anderson, shall have shared legal custody of John D. Anderson, V, born March 28, 1993, and Mariah D. Anderson, bom March 2, 1994. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Both parties shall have equal access to all records pertaining to the Children, including medical and school records. 2. The Father shall have primary physical custody of the Children. 3. The Mother shall have partial physical custody of the Children in accordance with the following schedule: A. The Mother shall have custody of the Children on Friday, February 22, 2002, from 3:30 p.m. until 5:00 p.m. at the Carlisle YMCA. For purposes of this period of custody, the Children shall be transported to the YMCA by their paternal grandmother, Betty Anderson, who may remain at the facility but shall not be present in the immediate vicinity of the Mother and the Children during the period of custody. B. The Mother shall have custody on Saturday, February 23, 2002 from 12:00 noon through 3:00 p.m. The Mother shall notify the Father in advance of the location where she intends to enjoy her period of custody with the Children. C. Beginning on Monday, February 25, 2002, the Mother shall have custody of the Children every Monday from after school (3:30 p.m.) until 6:30 p.m. The Mother may retain custody of the Children until 7:30 p.m. on Mondays when there is no school on the following day. D. Beginning on Friday, March 1, 2002, the Mother shall have custody of the Children every Friday from after school (3:30 p.m.) until 7:30 p.m. E. Beginning on March 9 and 10, 2002, the Mother shall have custody of the Children on alternating weekends on Saturday from 11:00 a.m. until 7:00 p.m. and on Sunday from 10:00 a.m. until 6:00 p.m. 4. The parties shall share or alternate having custody of the Children on holidays as follows: A. SHARED HOLIDAYS: The parties shall equally share having custody of the Children on Easter, Thanksgiving, Christmas, and New Years Day each year, with the specific times for the exchange of custody to be arranged by agreement. B. ALTERNATING HOLIDAYS: The parties shall alternate having custody of the Children on Memorial Day, July 4th, Labor Day, Columbus Day, Veterans Day, Martin Luther King, Jr. Day and Presidents Day. The alternating schedule shall begin with the Father having custody of the Children on Memorial Day in 2002. The period of custody on the alternating holidays shall run from 9:00 a.m. until 6:30 p.m., on a school night or until 7:30 p.m., if there is no school the following day. C. MOTHER'S DAY/FATHER'S DAY: The Mother shall have custody of the Children every year on Mother's Day from 10:00 a.m. until 6:30 p.m. and the Father shall have custody of the Children every year on Father's Day from 10:00 a.m. until 6:30 p.m. D. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. Unless otherwise agreed between the parties, the Mother shall provide transportation for all exchanges of custody to or from the Father's residence, the Father's parents' residence, or any other mutually agreed upon location. 6. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 7. After the parties have followed the custody schedule set forth in this Order for a period of at least 3 months, counsel for either party may contact the Custody Conciliator within 6 months of the date of this Order to schedule an additional Conference if necessary to review the custody arrangements. 8. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: Taylor P. Andrews, Esquire - Counsel for Mother Ryan Jones and Joan Carey, Esquire - Counsel for Father ¥1NV^']ASNNSId JOHN D. ANDERSON, IV, Plaintiff VS. MARIA S. ANDERSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-8177 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF John D. Anderson, V Mariah D. Anderson March 28, 1993 Father March 2, 1994 Father 2. A Conciliation Conference was held on February 21, 2002, with the following individuals in attendance: The Father, John D. Anderson, IV, with his counsel, Ryan Jones and Joan Carey, Esquire, and the Mother, Mafia S. Anderson, with her counsel, Taylor P. Andrews, Esquire. 3. Much to their credit in difficult circumstances, the parties were able to reach an agreement on custody arrangements as reflected in the attached proposed Order. The parties acknowledged the extreme importance of putting aside their personal differences and past conflicts in order to work together to serve the Children's interests. Date O~ / Dawn S. Sunday, Esquire Custody Conciliator