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Home My WebLink About01-0497 FX "' ,..1- ,,1 ~ \ ..' "'-,' _oF-' ;ti ;ti:li ;ti :Ii IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . STATE OF . DANIELLE M. FINK, now by resumption of maiden name, DANIELLE M. LOMBARDI, Plaintiff . Vi;:R$U$ KEITH D. FINK, Defendant PENNA. NO, 01-497 CIVIL TERM DECREE IN DIVORCE . AND NOW, ~Q \,'-'\ DANIELLE M. FINK, now by Di;:CREED THAT of maiden name, DANIELLE . . . AND KEITH D. FINK ~7, IT IS ORDERED AND resumption M. LOMBARDI PLAINTIFF, , DEFENDANT, . AR!:: DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAI~ED OF Rl;::CORD IN THIS ACTiON FOR WHICH A FINAL ORDER HAS NOT YET I3~EN ENTERED; . . No issues have been raised in this case, and no issues are outstanding. AmST ~ '- ' '(Jt ~ ~- PROTHONOTARY ! . . . . . , ;f. Of. :+!:Ii . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. . . . . " "~' - -" T- .-' ~-~ " ,.~ -~- , ,*' . --" "- .~ .~, , " 3 f7-cJ] twf- t~ ~/ :t 4 ~ 3i)CJJ ~ ~ ~f '.-, '- - ~~~,'~ ~ "0" ,ol~~~~1IjIlil!"'~-,.,,~, ,,~~lIMJllnll\R'\ll~^" " -"1 ,.___J , """"t~: . ".l' #- , CATHERINE L. SWARTZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 01-496 CIVIL TERM KENNETH P. SWARTZ, Defendant IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE OF COUNSEL To the Prothonotary: Please enter my appearance on behalf ofthe Defendant, Kenneth P. Swartz. Dated: '11 ~/.d D 3 --v~ ~ Richard 1. Web~, Jr., Esq Attorney ID #49634 WEIGLE & ASSOCIATES, P.C. 126 East King Street Shippensburg, P A 17257 717-532-7388 WEIGLE & ASSOCIATES, He. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257~1397 I J J H!ED-Or'FICE ."','1" .. d' '''' '"'' '~"~'">RY .'1..,. i /,., " , ! :, r il-~' _h'J) 1/--\ ,.,.... '0", ,): 'M 9' ,'" tJJ .a r ;r{ (~J Hi j ,; "" CUlvitjEh.i~j'iU COUN1Y PENNSYLYANIA . f ,'-. ,,'-'~. ,'~, ,',,-. - '- ' "'~, CATHERINE L. SWARTZ, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION - LAW KENNETH P. SWARTZ, Defendant 01-0496 CIVIL TERM IN DIVORCE IN RE: MOTION TO COMPEL COMPLIANCE & IMPOSE SANCTIONS ORDER OF COURT AND NOW, this 10th day of April, 2003, counsel for the plaintiff shall within fifteen days furnish to the defendant a marked-up copy of her request for discovery indicating those items which have not yet been made available. The defendant is ordered and directed to respond and to furnish those items sought in discovery within forty-five days of his receipt of that list. By the Court, nday, Esquire Plaintiff ,Ad Kenneth P. Swartz 303 North Fayette Street Apartment 3 Shippensburg, PA 17257 :bg ~~ ,\.6' ~.\"'I o ~~ 'J i,iL,,-<:-,,~ ':...L1s'~~f:li!li1C1:Ji!i1lli!llW"."""~=1I1iW1:t:;iii'~!'{JlII!~i>ii'.i'i~;~~~~t";;'~~c ',~ ". " ~';'.~,'~b'. , ,,~""".:;''"' .-- A' .H."~' I , ~7Nb'i\'" /1}f'l(!(_:01' (j'(;p~\~~=!E. _'_-:"--i/I!I"'~ ~ ...., I,) U!:;,' .~, .C ),INL_;\I' :'-"" "-. ",'~~i! "n'i < " l~!:SJ "0' ..- -, ~ 1-, . :. - '0 , , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA DANIELLE M. FINK, now by resumption of maiden name, DANIELLE M. LOMBARDI Plaintiff : NO. 01-497 CIVIL TERM V. : CIVIL ACTION - LAW : IN DIVORCE/CUSTODY KEITH D. FINK, Defendant ORDER OF COURT AND NOW, , upon consideration ofthe attached Complaint, it is hereby directed that the parties and their respective legal counsel shall appear before , the conciliator, at w ,~ for a Pre-Hearing Custody Conference. At such Conference an effort will be made to resolve the issue 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 ages 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 American 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 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 (717) 249-3166 . ' -...1 ",- - ' , . i ,,- ,.L~--'~;,;::;'c-(. '-- ,~"" SOCIAL SECURITY INFORMATION SHEET PURSUANT TO 23 Pa.C.SA SECTION 4304.1, ALL DIVORCES MUST INCLUDE THE PARTIES' SOCIAL SECURITY NUMBERS. PLEASE FILL IN THE APPROPRIATE INFORMATION AND RETURN TO THE PROTHONOTARY'S OFFICE. DATE January 27,2003 COUNTY Cumberland County, PA DOCKET NUMBER No. 01-497 Civil Term PLAINTIFF'S NAME Danielle M. Fink, (now by resumplion of maiden name, Danielle M. Lombardi) PLAINTIFF'S SS # 044-82-9293 DEFENDANT'S NAME Keith D. Fink DEFENDANT'S SS# 293-88-2375 ~ "" ~ ,. ~ ,~., . ..I 1- i&~~o; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DANIELLE M. FINK, Plaintiff : No, 0/-'-197 Civil Term v. KEITH D. FINK, : IN DIVORCE Defendant NOTICE TO DEFEND AND CLAIM RIGHTS YOU HA VE BEEN SUED IN COURT, If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 ;"~'< ,. I . . w ~ - ."r~-",',; Le han demandado a usted a la corte. Si usted quiere defenderse en contra estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. U sted 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 suya. Se has avisado que si usted no se defienda, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier que ja 0 alivio que es pedido en la peticion do demanda. USTED PUEDE PERDER DINERO 0 PROPIENDADES 0 OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE 0 CONOCES UN ABOGADO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUlR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled Conference or Hearing. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 ,-;;,,~ - ~- .... "< ""-"-:-~~~" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DANIELLE M. FINK, Plaintiff : No. 01-'-191 Civil Term v. KEITH D. FINK, : IN DIVORCE Defendant COUNT I COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE AND NOW comes DANIELLE M. FINK, by and through her attorney, Maryann Murphy, Esquire of MidPenn Legal Services, who respectfully avers as follows: 1. Plaintiff is DANIELLE M. FINK whose current address is 890 Acri Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is KEITH D. FINK whose current address is unknown. He is employed by East pennsboro Ambulance, 750 South Humer Street, Enola, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on August 17, 1996 in Cumberland County, Pennsylvania. 5. There have been no prior actions for divorce or for annulment between the parties. ~ , ~~ ......~lll"$!I'i\lk;,, 6 . Defendant is not a member of the Armed Forces of the United States of America or any of its Allies. 7. The marriage is irretrievably broken. 8. Plaintiff has been advised of the availability of marriage counseling and that she may have the right to request the Court to require the parties to participate in such counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a Divorce Decree being handed down by the Court. 9. Plaintiff requests this Court to enter a Decree in Divorce from the bonds of matrimony. COUNT II CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502 OF THE DIVORCE CODE 10. Plaintiff hereby incorporates by reference all of the averments contained in Count I of this Complaint. 11. Plaintiff and Defendant are the owners of motor vehicles and other personal property acquired during the marriage which are subject to equitable distribution by this Court. 12. Plaintiff and Defendant have been unable to agree as to an equitable division of said property as of the date of the filing of this Complaint. ". ,~ . =~.." , ...), ,_I, " ~~:jl'l!~$' 13. Plaintiff requests this Court to equitably distribute the parties' marital property. COUNT III CLAIM FOR ALIMONY PENDENTE LITE UNDER SECTION 3702 OF THE DIVORCE CODE 14. Plaintiff hereby incorporates by reference all of the averments contained in Counts I and II of this Complaint. 15. Plaintiff does not have sufficient funds to support herself during the pendency of this action. 16. Defendant does have a sufficient source of income to aid Plaintiff in supporting herself during the pendency of this action. 17. Plaintiff requests this Court to grant her alimony pendente lite during the pendency of this action. COUNT IV CLAIM FOR ALIMONY UNDER SECTION 3701 OF THE DIVORCE CODE 18, Plaintiff hereby incorporates by reference all of the averments contained in Counts I, II and III of this Complaint. 19. Plaintiff does not have a sufficient source of income or earning capacity at the present time to maintain the standard of living enjoyed by the parties during their marriage. 20. Defendant does have a sufficient source of income and " ' " J,;] ~_L~o~ ""'1b.~"-!N earning capacity to aid Plaintiff in maintaining the standard of living enjoyed by the parties during their marriage. 21. Plaintiff requests this Court to grant her alimony to enable her to maintain the standard of living enjoyed by the parties during their marriage. WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree: a. dissolving the marriage between the Plaintiff and Defendant; and b. equi tably distributing all property owned by the parties hereto; and c. directing the Defendant to pay alimony pendente lite during the pendency of this action; and d. granting alimony to Plaintiff; and e. for such further relief as the Court may determine to be equitable and just. Respectfully submitted, ~~~~~~l~ MID PENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 I.D. # 61900 Attorney for Plaintiff "" ~",I I i, M;10;~ AFFIDAVIT I, DANIELLE M. FINK, verify that the statements made in the foregoing Complaint in Divorce are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. \\8-3\0\ Date r'7'nN\.". ~ Q Q ,t.../ .J.A~:.v...~ DANIELLE M. FINK ,,,,Mif"-- H -'--. --- -',- '" ",- " " .k_u, 'IDlE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DANIELLE M. FINK, Plaintiff : No. Civil Term v. KEITH D. FINK, : IN DIVORCE Defendant CERTIFICATE OF SERVICE I, Maryann Murphy, Esquire, do hereby certify that a true and correct copy of the within Divorce Complaint was mailed to the Defendant, KEITH D. FINK, by first class U.S. mail, postage pre- paid, certified/restricted delivery, addressed as follows: Keith D. Fink c/o East Pennsboro Ambulance 750 South Humer Street Enola, PA 17025 Respectfully submitted, Maryann Murphy, Esquire MID PENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 LD. # 61900 Attorney for Plaintiff r/, "^, 0 -""~E ~j t'I-1 I..t,;! '- .,..-." . ,'V ~,.. '1" V" ''''''''T'J-\'''J'r,'''ClY Vr ,,:",'I: ;-t"IU,f'I!"A''l( 'rvl 01 JMi 24 P/1 IZ: 58 CUMBEfiLAND COUNTY PENNSYLVANIA . I I ,~ I I . ~ i " . , ~ . I I ! ~ 1 ~ ~ ~1' ~ ~ J I ~ (? J!,V -~....- - . " , --< , ~"'-" ~' t ~ , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DANIELLll: M. FINK, : Plaintiff/Petitioner v. No. 0 \ - L\- q 1 Civil Term KEITH D. FINK, Defendant/Respondent IN DIVORCE PETITION FOR APL CONFERENCE NOW COMES, DANIELLE~ ffi'fr!i:J/~tiff/petitioner, by and through her attorney, Maryann~~ arsquire, of Mid-Penn Legal Services, and avers as follows: 1. Petitioner is DANIELLE M. FINK who resides at 890 Acri Road, Mechanicsburg, Pennsylvania 17050. 2. Respondent is KEITH D. FINK whose current residence is unknown. Respondent is employed by East pennsboro Ambulance, 750 South Humer Street, Enola, Pennsylvania 17025. 3. Petitioner and Respondent were married on August 17, 1996 in Cumberland County, Pennsylvania. 4. petitioner and Respondent are the parents of two (2) minor children, namely: COLLIN FINK, born March 26, 1999; and MARIE LOMBARD!, born October 27, 1995. 5. The parties separated on January 10, 2001. 6. On January 24, 2001, petitioner filed a Complaint ,IOiiiWlillm'4 ~ "~ ...cL , ~ I", "" " f in Divorce which includes a Count for Alimony Pendente Lite. 7. A DRS Attachment for APL Proceedings has been filed with the Court simultaneously with this Petition. WHEREFORE, Petitioner, through her counsel, requests a conference be held at the Domestic Relations Section to address her claim for APL. Respectfully submitted: By: Maryan Murphy, Esqu re Mid-Penn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 Attorney I.D. #61900 Attorney for Plaintiff/Petitioner J~ 1i;!J/M-",O".=" < ~- -- ~ .l I ',- "~ . 1 ~U'~~ ~{'" , VERIFICATION I, the undersigned, do hereby verify that the statements made in the foregoing instrument are true and correct to the best of my knowledge, information and belief. I understand that statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. fY~M .~\L.... ~~~^'~. DANIELLE M. FINK <. ..., '" <-. " "~~i':'-, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DANIELLE M. FINK, Plaintiff/Petitioner : v. KEITH D. FINK, Defendant/Respondent . . No. 0 I - Lj q 7 Civil Term IN DIVORCE CERTIFICATE OF SERVICE I, Maryann Murphy, Esquire, do hereby certify that on the day of , 2001 I served a true and correct copy of the foregoing petition for APL Conference on the Defendant, KEITH D. FINK, at the address set forth below, by placing a copy of same in the United States Mail, first class, postage prepaid" Keith D. Fink c/o East pennsboro Ambulance 750 South Humer Street Enola, PA 17025 Respectfully submitted, urphy, Esqui e Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 540-8600 I.D. # 61900 &s ~---- " . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA bCU\\~~\\e N, ~;[)l< , Plaintiff NO. .. v. \'-i.~~'+~ t), (:=; (\ \Z CIVIL ACTION - LAW IN DIVORCE Defendant DRS ATTACHMENT FOR APL PROCEEDINGS PETITIONER NAME ~ ADDRESS 95 q () ~ i A J BIRTH DATE 1- ?5 -llff-j ':) SOCIAL SECURITY NUMBER 0 4-Lj- - 'ad. - q:::l q .3 HOME PHONE ,.., B ~ - '1 ~O WORK PHONE I{ 9 - & to 00 EMPLOYER NAME , ~ Ie. e e. S EMPLOYER ADDRESS ~Q)\S \'I.':dt. ~; Ue Ne.J1 A !if)S7J JOB TITLE/POSITION toO k. DATE EMPLOYMENT COMMENCED '6 - \ -d-.. - \ <4;..1 1 G~OSS PAY I bOG, 00 NET PAY OTHER INCOME N'f\ H,ll/'i i.U.n (;.J 9 :r l"v ~ \'le.- R& UJ Lt") A~ ~oO e.nn . Q Se-l'V I te-.J PA 111913 ATTORNEY'S NAME ATTORNEY'S ADDRESS ATTORNEY'S PHONE NUMBER -- " , oj .~ - .. . : RESPONDENT t<e~% D, t:\\J\Z NAME ADDRESS BIRTH DATE SOCIAL SECURITY NUMBER HOME PHONE WORK PHONE EMPLOYER NAME EMPLOYER ADDRESS JOB TITLE/POSITION DATE EMPLOYMENT COMMENCED GROSS PAY NET PAY OTHER INCOME vJ: \(.,h 0 Lv h ~~3-\q<7'1 :J.. q 1- 8 ~.~ ~~ ~ 5 lkl'l kA'l 0 W I) .. loL\-8. fQ~ PViflSb r h ult1llltE-- r-nS s, 14 /MY! €--I st-, fh 01'1 F~tt-tR...~ .. -- pA 11p;}.~ ATTORNEY'S NAME ATTORNEY'S ADDRESS ATTORNEY'S PHONE NUMBER III 1'1/01 MARRIAGE INFORMATION DATE OF MARRIAGE ~-I'1-\qqb PLACE OF MARRIAGE t UJnhu\ CL.i\ cL ~ L PA DATE OF SEPARATION '\10\0 I ADDRESS OF LAST MARITAL SCfO At{L'1 ~Ov' HOME tv\e-c1CU\1 G s b (,U-~ ~A 11050 , ~O Y\'\ ~ \ (l,11\ +- " \"I ~'I \JOt-tv DESCRIPTION OF DOCUMENT RAISING APL CLAIM DATE APL DOCUMENT FILED {-J,4-o\ .... I . OF Ti!~~L r~~'r~~~~~g:~~ .~~ <"",',j'\J:pRV OlJMI21j Prl I; 0' . ~:Ui\48ERL/-\ft\ r"V"', prN'NS" ,Jl.oUUN1Y , t: YLVANiA ~ i 1 . . i I ~ ~ ,~ , ~ W ,:1' \'g , .l ~ 'l! ~ ',~ j t , , &1 , ~ Ii i _-q ..J~ ~I 0... "I~~ <..~~ -~i; , , DANIELLE M. FINK, P1aintifti'Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV ANlA VS. CIVIL ACTION - DIVORCE KEITH D. FINK, IlefendanVllespondent NO. 01-497 CIVIL TERM IN DIVORCE DR# 30396 PacseS# 766103017 .I ORDER OF COURT AND NOW, this 26th day of January, 2001, upon consideration of the attached Petitinn for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shaddav on Februarv 28.2001 at 10:00 A,M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. NOTE: The support conference previously scheduled before David Hatch will not be heard by RJ Shadday on the same date and time. YOU are further ordered to bring to the conference: (1) a true cop)' of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statem~!lt attached to this order, completed as required by Rule 191O.l1@ (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, President Judge f,~~~~li'i~",on ;i_tlj,~~1~t0~\, Petitioner < Respondent Maryann Murphy, Esquire Gary Kelley, Esquire -)1 (I. 1L-A f.. fd' R. J hadday, Conference Officer Ilate of Order: January 26, 2001 YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU, 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIA nON 2 LIBERTY AVE. CARLISLE, PENNSYL VANIA 17013 (717) 249-3166 -'';'" ",' l-.."......-~lm~1iI@:iiI~Mi1!~>ro4i:l~""jjW~,,,""_~,>.i'"'!\"""',~;.\!p.i'~<i%:~I.'li'1~luWlu: "~, , ,-~~~, ~ .,~ -, -~~ .y~<-"" --,",' ",~', V1N'1/11),SNN3d J.J.NflOJ (T"YI1~3tll,"lm iO:~ Wd 62N~r 10 lJl,.ll r~t, I;'~:' ," ",- ~ --' )..QV..!.......i;\h"..,J..;..\.)U.J 38i'J:!O-o:rld .-~" ,1''''--,- '_ " . ,~ , .., ","',,,,,,..- " :10 "."'.11' '0- ~;, , , ", ., ,~-..- , '- , DANIELLE M. FINK, * IN THE COURT OF COMMON PLEAS Plaintiff, * CUMBERLAND COUNTY, PA * DOMESTIC RELATIONS SECTION vs, * No, 00911 S 2000 * ol-tfq'1 KEITH DANIEL FINK, * PACSES Case No 472102744 Defendant * DR No 30136 PRAECIPE FOR WITHDRAW OF APPEARANCE Please withdraw my appearance on behalf of Plaintiff, Danielle M. Fink, in the above captioned matter without prejudice. Date:# ~ PRAECIPE TO ENTER APPEARANCE Please enter my appearance on behalf of Plaintiff, Danielle M. Fink, in the above captioned matter. Date: Z-(O-D\ ~,", '-'~i1liimiI' ""'--',~....,. .~ili11~-'1ii-fi;jalW__H',"~~W<t...-"iw ',-jjj " ~ , ~, ~. ,~- - .,,~ , - ~, ,- ~,. iiI~ , 0 C) () c: -';"1. s: -n -ocr.:; ,-;-j , rnrn cO ,---'.. ~t:: N ,'""; '.~ vJc::-.- G? =<C/' r2C; " "'T\ 2;;:C :::t: 0 ~S:l ry ) t T~ --I .- L- :?.: 2, -'-' =< \c -< I>;!\ . , ~-_I ',~ - L ._ -_/;\L' DANIELLE M. FINK, * IN THE COURT OF COMMON PLEAS Plaintiff, * CUMBERLAND COUNTY, PA * vs. * No. 01-497 * KEITH DANIEL FINK, * CIVIL ACTION LAW Defendant * IN DIVORCE PRAECIPE FOR WITHDRAW OF APPEARANCE Please withdraw my appearance on behalf of Plaintiff, Danielle M. Fink, in the above captioned matter without prejudice. Date:~ " PRAECIPE TO ENTER APPEARANCE Please enter my appearance on behalf of Plaintiff, Danielle M. Fink, in the above captioned matter. Date: 2- 2.0-0\ J~ Tonia M. Torqu ...'~:O;,,="~ L" 'c'~.' Nilj:jl~- -, ~~~iii;~'S1~~@i",MliillllO~~ .~,- "'1",,, '"5,? ,'''''''''' ~__" W"~' ~~~.,.~"". r~ .~ ,",,,_, ", ,~'""'~ ,_"'< "_~',",,,' .~o, ..""~" ".. .~ ' 'i>':;-~' - ~'~iJ ,~. - -~ ~ l!kl'f . 0 C~ () ,..- "Ti 7 :0. ""l , 0::' '?j u, co T m fn :::0 7~- ~_.l___- 1'0 :z Si' ;2: ~c:. 'C,' p- -",' Z\..:' ~.J.'L -u f;.? )->c 2~ '" -< C -~,'''" ~<>~~"~ ~ ,., _.J_ .,,1.., ..,'- ._"-,,.--- ~-" '--'" -'" - , -~-~ni , .- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DANIELLE M. FINK, Plaintiff : No. 2001-497 Civil Term v. KEITH D. FINK, : IN DIVORCE Defendant AFFIDAVIT OF SERVICE I, Maryann Murphy, Esquire, depose and say: 1. That I am an adult individual residing in Cumberland County, Pennsylvania. 2. That on February 2,2001, I sent a true and correct copy of the Complaint In Divorce under Section 3301(c) of the Divorce Code to counsel for the Defendant, Gary Kelley, Esquire, by first class U.S. mail, postage pre-paid to the following address: Gary Kelley, Esquire 132-134 Walnut Street Harrisburg, PA 17101 3. That on February 6, 2001, counsel for the Defendant personally accepted service of this Complaint in Divorce on behalf of the Defendant. The Acceptance of Service is attached to this Affidavit. Respectfully submitted: ~~,rt MIDPENN LEGAL SERVICES ~ (J 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 J.D. # 61900 . .' ,---.,1 ~, " -, ~1ilIIliiM_:' " I - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DANIELLE M. FINK, Plaintiff : No. 2001 - 497 Civil Term v. KEITH D, FINK, : IN DIVORCE Defendant ACCEPTANCE OF SERVICE I, Gary Kelley, Esquire, counsel for the Defendant in the above-captioned case, do hereby depose and say that, on behalf of and on the authorization of the Defendant, I personally received and accepted service of a true and correct copy of the Complaint in Divorce and the Petition for APL Conference on the date written below. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating unsworn falsification to authorities. 2--10-01 Date ~ ~lIihIlf,ilEful,,,~..,,,,,;,,";_;"-'tii.i"4s.:.l:;,"',{J<J;J"_W.i~&!!,"'ili&"""':"J,,iM,n-,.!,l'~,,:';';-,8!.n';1~-_'_!,;.iili:k"""-""'h.";'0ili~ItiIii~liI!1illli!l~A!\i.fitjlill!"'Wl!!<;~t~~';" ~&" [Iii! -~ ~. 0 c:. ~T~ C s: 3: "CT' ~i;~~ n1rcC ;;:..":) "~l Z::::c: zr-- N \~ (f)::> CO -<2 (c) kCJ -".., ., , )>0 ~'"-~ ~-~~ C) ;:;;6 0,-"1 )>c: - .. Z t='" ~! =< f-.:> ..AJ -< ", ~_. ". .^~. . "'~ -,-" " " , I " , ,~ I , ..L ,,- .', ~ ""'-'- c_ "" ,~ In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION DANIELLE M. FINK ) Docket Number 01-49'7 CIVIL Plaintiff ) VS. ) PACSES Case Number '76610301'7 jD'10396 KEITH D. FINK ) Defendant ) Other State ill Number ORDER AND NOW, to wit on this 28TH DAY OF FEBRUARY, 2001 IT IS HEREBY ORDERED that the 0 Complaint for Support or 0 Petition to Modify or (i) Other ALIMONY PENDENTE LITE REQUEST filed on JANUARY 24, 2001 in the above captioned matter is dismissed without prejudice due to: PARTIES' INCOMES AND DEFENDANT HAVING AN OBLIGATION FOR CHILD SUPPORT FOR THE PARTIES TWO CHILDREN. o The Complaint or Petition may be reinstated upon written application of the plaintiff petitioner, BY THE COURT: DRO: RJ Shadday xc: plaintiff defendant Tonia Torquato, Esquire Gary Kelley, Esquire om. ~7' 4/4. JUDGE MAILED ci3 - '7- o~ Service Type M Form OE-506 Worker ill 21005 ~b~~~llMoi,~@;M<h,1l~ii~",~!,lt",a&J/i"'M""i;i"'-0,j~~,,,,,_~.dli'It~Jlilli~'''' "_i....,.. "=-ilIll1illili!ilIlKil."lWJ!i~-l ".~ _J.., .~-.~""",;- "' - "~ .,,," (') 0 0 ~ TI ~!B :II: .-/ ::- 7: :>3 fp ." I " -<.~ CO ~g~ ~O 0 -0 ~:--'lt iB ::z: 05 r:- om ~ - ~ 0 -< ., ., 1',1 --".;:, 'j< DANIELLE M, FINK, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-497 v. KEITH D, FINK, Defendant : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE FOR WITHDRAW OF APPEARANCE Please withdraw my appearance on behalf of Plaintiff, Danielle M. Fink, in the above captioned matter without prejudice. Date: J 11 ( Edward J. Weintraub, Esquire PRAECIPE TO ENTER APPEARANCE Please enter my appearance on behalf of Plaintiff, Danielle M. Fink, in the above captioned matter. Date: #, ( ,:.-,',.,;~,"-;", ~''';.r~iiiiWi '- ,- ~C' ;-!~lfj.iIii:1M.1&l1.:"~1!C.md;_;!W;~u~li!iii~liIiIlJil1>.w " ." -~ ~,~ " >~ - ~~,," ,- ~, -~_.. .tiii(~' " TI ,~."" " C) c) ~:;. "'." ('-- -- , - C{\ " ~ ~- - I::' - .-< CC> ~ ~ ;.1E'M" ~~ "",," " ...l " . I ~ >-'. .- .-- ~",,"'d'''~~,'- o ... to '. f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION - LAW DANIELLE M. FINK, Plaintiff : NO. D/-l/97 ~~ v. : IN DIVORCE KEITH D. FINK, Defendant PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, DANIELLE M. FINK, Plaintiff, to proceed in forma pauperis. I, Maryann Murphy, Esquire, of MidPenn Legal Services, attorney for the party proceeding in forma pauperis, certifY that I believe the party is unable to pay the costs and that I am providing free legal services to the party. The party's affidavit showing inability to pay the costs of litigation is attached hereto. ~~l~ MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 I.D. # 61900 Attorney for Plaintiff -,c... '" ~ ~~ ~ , ..1 " I ~_ , e -~'-'"'W'T._:lllil~-"":*-' . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DANIELLE M. FINK, Plaintiff : NO. bl-lf?7 ~l4t ~ v. : IN DIVORCE KEITH D. FINK, Defendant AFFIDAVIT IN SUPPORT OF PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS 1. I am DANIELLE M. FINK, the Plaintiff in the above matter and because of my fInancial condition am unable to pay the fees and costs of prosecuting, defending, or appealing the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct. (a) Name: DANIELLE M. FINK Address: 890 Acri Road. Mechanicsburg. PA 17050 (b) Social Security Number: 044-82-9293 If you are presently employed, state Employer: Aoolebees. Address: Carlisle Pike. Mechanicsburg. PA 17055 Salary or wages per month: $ 1500.00 Type of work: cook '~lml:iilIM:l.jI.... -~ ~I L.. . . If you are presently unemployed, state N/A Date ofJast employment: N/A Salary or wages per month: N/A Type of work: N/A (c) Other income within the past twelve months Business or profession: -0- Other self-employment: -0- Interest: -0- Dividends: -0- Pension and annuities: -0- Social Security benefits: -0- Support payments: -0- Disability payments: -0- Unemployment compensation and supplemental benefits: -0- Workman's compensation: -0- Public Assistance: -0- Other: -0- (d) Other contributions to household support (Wife)(Husband) Name: N/A If your (husband) (wife) is employed, state Employer: N/A L ','. ~-" Iii;[; .,~, .illlIll!'l'h~~1l"l . Salary or wages per month: N/A Type of work: N/A Contributions from children: -0- (e) Property owned Cash: $5.00 Checking Account: Savings Account: Certificates of Deposit: $100.00 $130.00 -0- Real Estate (including home): -0- Motor vehicle: Make Chevv Blazer Year 2000 Cost N/A Amount owed $330.00 per month - lease Stocks; bonds: -0- Other: -0- (t) Debts and obligations Mortgage: Rent: Loans: Monthly Expenses: -0- $200.00 $ 100.00 per month $1200.00 (g) Persons dependent upon you for support (Wife) (Husband) Name: N/A 111'--'" ~ "I~jjllim'lli:!liJi';;jM~&,~,.[,'lJ;i"',~~'Ml%iEt#itlii;ii<~~I~~'ii;l&I;il'f*~M'"",. ~ ci "\;,1". ,,~ ~1"''''~,,",''',' """" , ~ . ,,',~'" -y" "~ ?","",," ,', "'-~" < ~.__UMl\!iiIr1 l' ~ ~, ',- illl~i\1PJIil , " ~, J~~_ .... ,~, " ,. ~, ~~~ ' ~-" '(, 0 0 ~ c: ..... "'Om <- ~-l mr;--;, "'" ff1~~ Z::n ::z ?i~ N :~):'=n +- _,J,;J f.< tJ " ~$ ~o ::x >8 IY '~,-o c3rn z -'~ ~ Ul ~ (]Q _lJ -< ~4__ , -"~ , .",,",-,.. B ~ 1:1 ,~ " ",] " ',~ ....,~~~"'-, Children, if any: Name: MARIE Age: 5 years Name: COLLIN Age: 1 vear 4. I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date:_\ I 616) () ( Anr;\l; ~ ~~ .~~ DANIELLE M. FINK :i~:...'~'~'" "."~~~&.{,~'.s.~~L~""lPl"@iHM",,~1f.::~i>J<!;R:;ii~j,~'~'jilii;)<iO;,:@.'~~~~ JLJ -"""""'<'lMtil:liN~~.~"'ij7"~~ "";;<~ lt~JU i r ll'.l~ ~ J!!l''',c,-'.-e-~'- ..,,,,,,,,,,,* ~= . ,,- ,,- . . ,~ '." , , - , , ~ '=- --< ~~, ~ ~. 0 0 Q c g: ..., -r;...,...! ::.... --4 rnm ",. .,,' Z,:Ci :r;: rl"t:t1 ZC;::: N ';-- (fJ .;..- .~- -;;I-:!1 ~~ ~.~?(~ :<:~ -0 ~o :::: ;5:p ):>0 ~ .'J:'"( ) ~ Om .. ~ Ul 0) b DIANE G, RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737-0100 ~ .~, L ,. .' - " '~,b '-i!tri._t, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DANIELLE M. FINK, plaintiff NO. 01-497 CIVIL TERM V. CIVIL ACTION - LAW IN DIVORCE KEITH D. FINK, Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 24, 2001 and served on the Defendant on February 6, 2001 by Acceptance of Service executed by Gary Kelley, Esquire, attorney for Defendant. 2. The marriage of plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated:~ i~ ~Q ,V)Jj. c:L~ DANIELLE M. FINK i:" ~-, .,' _h ";-,k.*"",",,'.u""-~llWJ;::~~~>iltli;l~!It.~~,\''';''-''lili-)m(i,;ti.-iNiJii1i'IIfH ~ ~,~~ ,_He " ~ ,~, ~ ,""" -'"~""'.~ ....,., ~, ~~ 18IIIiIll'1 0 C.:l ( ; C -T-! ~ ~ ' . -Or:: I:::: {""nn; 4"') Z-j", r~,J ,'., ~~~ ('j) i.2C'; .~O , -. )>n "",.," ",,/ !.....: ~l~'i :Tr ~';) ',-.... >c ::.,::1 Z '-,,) 5:J ~ (:;-0 -< !t'~ DIANE G, RADCLIFF 3448 TRlNDLE ROAD CAMP HILL, PA 170ll (717) 737-0100 ~- ,~^ ~ - ,"--"---1' _AI _i1J!f>..-<<:l$i""i~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DANIELLE M. FINK, Plaintiff NO. 01-497 CIVIL TERM ~" V. CIVIL ACTION - LAW IN DIVORCE KEITH D. FINK, Defendant WAIVER OF NOTICE OF INTENTION TO.REQUEST ENTRY OF A DIVORCE DECR~~ UND~R SEC'l'~O.N .:L:SUJ. (C) 01" 'l'H~ D~VOKCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statewBnts made in this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, Dated:~1 0 l ~~ff,-,>nL~~~.l D1Uol LE M. FI j.i'~l ,- J~L".,~ -~:,",~1i>1iI\j,,1. ~ . ~ " ~, ~_ftJ1~J-:(i!li,*lkii:l~;f~,","!~~"'" _..........'""--',,;.,."'-"i;.'~~j '" 1IIl:::.- o ~~ 0,!1~ --<::-; ,- C::':c--, -;::;- 2:{~;' .>0 c 2: --, -< c' 'J::,u. ~_f3 f".....,) C-, ::\! i"'''..) ':',,) ,:h ~'; ;.. :---,; s:! ::q , ~ . 8.10.01. Fink v. Fink Resum~ion\of Maiden Name DANIELLE M. FINK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-497 KEITH D. FINK, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE OF ELECTION TO RETAKE FORMER NAME Notice is hereby given that the Plaintiff in the above captioned Divorce Action, hereby elects to retake and hereafter use her previous name of Danielle Marie Lombardi. This election is made pursuant to the provisions of 54 P.S. ~704. tJ~ GYY\~ -=:r~ f'll'\N'\~ ,H. cyr,,(\,..'" =::r:~L Signature-(married name) b~crn~ ~ Wo f'Y'l '0 Hr. ern 0".. ~ .1."<<1'\ q~, >-(rJ.;. Signature (former name) COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND ss: On the dO day of lu~!.t$r 2001, before a Notary Public, personally appeare Danlelle Marle Flnk known to me to be the person whose name is subscribed to the within document, and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal i.. Notary Notarial Seal Kenneth L. Schlegel, Notary Public Hampden Twp., Cumberland County My Commission Expires Apr. 4, 2005 Member, PennsylvanIa Association of NotaneS OiiJiliii!'-..........,k ''-~-~1Ll1ii'f--~"';~'''' i I ,- ~"~.","-~~ , -.".,?,,,-..~..<,-",.',,,,", <<~,-~-~.~,,"'- '. ,~,-. > -i_.t-, ..~& ""."""'"~1I. ,._ '" , ' '.,i_~," ^,- ,-,=., , ,:',,- l ~ :-J a ~ "'- w ~ --. " \) "'- ~ St ~ ~ ".--- .. ~'-,2'",-~~ ,-~-" . '(){--/:- nv:.:: 3iC:' ci:; ~'__ ,:...:-' r-'~": :.s:-c- _l_-~ 1f6J c- ;}:";." -.OJ -' , , ", (') f;~ C'::: ,\-'2 -' :;; (; ~' ,", , _~J i\:5 '0 ') ~ r ;'~~5 }3ilj ::0 --'" 0- . . ,.. -~ , 'i ~ ~~ _."",,~" , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA DANIELLE M. FINK, now by resumption of maiden name, DANIELLE M. LOMBARDI Plaintiff NO. 01-497 CIVIL TERM V. CIVIL ACTION - LAW IN DIVORCE/CUSTODY KEITH D. FINK, Defendant CUSTODY COMPLAINT 1. The Plaintiff is Danielle M. Lombardi, formerly Danielle M. Fink, residing at 890 Acri Road, Mechanicsburg, P A 17050. 2. The Defendant is Keith D. Fink, residing at 143 North 21 st Street, Apt. #2, Camp Hill, P A 17011 3. PI' 'ff ks t d fth fill h'ldr amtl see cus Oly 0 e 0 owmg c 1 en: " ' -':' ,,'; . " . ".., ,,' '. . NAME , l''LAeE<OF:R;E;~;!I)~NCE, . AGE D:O.B. Marie Rose Lombardi 890 Acri Road 7 10/27/95 Mechanicsburg, P A 17050 Collin Michael Fink 890 Acri Road 3 3/26/99 Mechanicsburg, P A 17050 4. The child, Marie Rose Lombardi, was born out of wedlock. The child, Collin Michael Fink, was not born out of wedlock. 5. The children are presently in the custody of the Plaintiff, who resides at 890 Acri Road, Mechanicsburg, PA 17050. 6. During the past five years, the children have resided with the following persons and at the following addresses: - 1 - """"'''''ie, . .", . - PERSON'S ,A:D~~S$eS DATES , d',' ", ...'.. " Danielle M. Lombardi 890 Acri Road Mechanicsburg, 1/8/00 Laura Lombardi P A 17050 to Daniel Lombardi Present Michael Lombardi Keith D. Fink 890 Acri Road Mechanicsburg, 1997 to 1/8/00 Danielle M. Lombardi PA 17050 Laura Lombardi Daniel Lombardi Michael Lombardi Keith D. Fink 890 Acri Road Mechanicsburg, 10/27/95 to 1997 Danielle M. Lombardi PA 17050 Laura Lombardi Daniel Lombardi Michael Lombardi Joey Lombardi 7. The mother of the children is Danielle M. Lombardi, currently residing at 890 Acri Road, Mechanicsburg, PA 17050. 8. The mother is married. 9. The father of the children is Keith D. Fink, currently residing at 209 Fetrow Lane, New Cumberland, P A 17070. 10. The father is married. 11. The relationship of Plaintiff to the children is that of Mother. 12. The Plaintiff currentl resides with the followin ersons: N'AM:E$ RELA TIONSHrP Marie Rose Lombardi daughter Collin Michael Fink son Laura Lombardi Daniel Lombardi mother father - 2 - ~~.__......... .,;:1 -""~~.MlE"> ,"~," ~''''D,o 'l~.f1.;l,~'W!ilipi, "-"-,,j, <~:",:'< ,''-- Y "S;'?',,";;,!;i;;'.;, ~~~i~~[II1~.W ' .".".Lb"__,,,' '", _".",,},,,.d,^,,'" Michael Lombardi brother 13. The relationship of Defendant to the children is that of Father. 14. The Defendant current! resides with the following ersons: N:t\M:E81 ? ::,;:;>:}'" ;"ii':!:;;:t:i' ",:;;/;;'i--<'";;''''' ' ,int'LA ntlNSHEP "'-,- _co, "" ", None 15. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court other than the Protection from Abuse Action filed in Cumberland County, PA and docketed to No. 01-344, in which action an Protection from Abuse Order dated January 17, 2001 was entered which order contains provisions regarding custody. A true and correct copy of said order is attached hereto, marked Exhibit "A" and made a part hereof. 16. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 17. 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. 18. The best interest and permanent welfare of the children will be served by granting the relief requested because: a. Plaintiff has been the primary caretaker of the children. b. Plaintiff is better able to provide for the physical and emotional needs of the children. c. Defendant works 3 jobs and cannot care for the children. d. Defendant does not have a proper environment for the children to live in. e. Father is not stable. - 3 - i ,. --, " ....l ~1;;Sjt~"-1df;:,," a. Plaintiff has been the primary caretaker of the children. f. Father is not capable of providing adequate care and supervision of the children. 19. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests the Court to grant custody of the children to the Plaintiff in accordance with the proposed order attached hereto, marked Exhibit "B" and made a part hereof. Respectfully submitted, 448 Trindl Road . , PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 ID No. 32112 Attorney for Plaintiff - 4 - , , .iLi . . &'<."-,~"""-"L VERIFICATION I verify that the statements made in this Custody 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: I~ \,;}'3/ca .t% rv-. 10J P , I ro-1A 0 rru-U'L . DANIELLE M. LOMBARDI , ~, , 1 ~I - - ~- ~, , Danielle Fink, Plaintiff : INnm COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2001- CIVIL TERM Keith Daniel Fink, Defendant :PROTECTION FROM ABUSE AND CUSTODY NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the fol1~wing pap~s, you must appear at the hearing scheduled herein, If you fail to do so, the case may proceed agamst you and a FINAL Order may be entered against you granting the relief requested in the Petition. In particular, you may be evicted from your residence and lose other important rights, . !>-HEARING ON THIS MATTER IS SCHEDfLED ON 1.:JqIl /)') _AT 1./, 00 .Ji.M., IN COURTROOM NO.' OF THE CUMBERLAND COUNTY COUR OUSE, CARLISLE, PENNSYLVANIA. You MUST obey the Order that is attached until it is modified or terminated by the court after notice and hearing. If you disobey this Order, the police may arrest you. Violation of this Order may subject you to a charge of indirect criminal conteJl1pt which is punishable by a fine of up to $1,000.00 andlorupto six months injail under 23 Pa.C.S, ~6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C, ~2265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If yon travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 D.S.C. ~ 2261-2262. You should take this paper to your lawyer at once. You have the right to have a lawyer represent you at the hearing. The court will not, however, appoint a lawyer for you. !fyou 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. UYOD cannot f'md a lawyer, you may have to proceed without one. CUMBERLAND COUNTY BAR ASSOCIATION 2 LffiERTY AVENUE, CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717)249-3166 AMERICANS wITH DlS.t\BlLITIES 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 le!!st 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. ,----,,-------;;-~,-~--- - .--- ',- -",-~-"' <~~-"-~------ ------- - -., .' 0- " DanieIle Marie Fink, Plaintiff : IN THE COURT OF' COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA v. Keith Daniel Fink, Defendant : No. : CIVIL ACTION - LAW : PROTECTION FROM ABUSE : TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: Keith Daniel Fink Defendant's Date of Birth is: Febmary 3, 1977 Defendant's Social Security Number is: 291--88-2375 Name(s) of All protected persons, including Plaintiff and minor children: 1. Dan.ielle Marie Fink AND NOW, on 17th Day of January, 2001 upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: Plaintiff's request for a temporary protection order is granted. 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. 2. Except for such contact with the minor child/ren as may be permitted under paragraph 4 of this Order, Defendant is prohibited from having ANY CONTACT with Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiff's school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this order. Plaintiff's residence located at 890 Acri Road, Mechanicsburg. Pennsylvania, owned by Plaintiff's llarents. Plaintiff's place of employment located at Applebees, Carlisle Pike, Mechanicsburg, Pennsylvania. -- ~~ - + < ~ ~" "'.-, ~'" ~ 3, Except for such c,ontact with the minor child/ten as may be permitted under paragraph 4 of this Order,. Defendant shall not contact Plaintiff, or any other person protected under this Order, by telephone or by any other means including through third persons. ' 4. Pending the outcome of the final hearing in this matter, Plaintiff is awarded temporary custody of the following minor child/ren: 1. Marie Rose Lombardi 2. Collin Michael Fink Until the final hearing, all contact between Defendant and the child/ten shall be limited to the following: Plaintiff shall have primary physical and legal custody of the minor children. Defendant shall have supervised visitation with the minor children at the maternal grandparents residence when the mother is at work or at other times agreed upon by the parties. . The local law enforcement agency in the jurisdiction where the child/ren are located shall ensure that the child/ten are placed in the care and control of the Plaintiff in accordance with the terms of this Order. 5. The following additional reliefis granted: The Cumberland County Sheriff's Department shall attempt to make service at Plaintiff's request and without pr~payment of fees, but service may be accomplished under any applicable Rule of Civil Procedure. This Order shall be docketed in the office of the Prothonotary and forWarded to the Sheriff for service. The Prothonotary shall not send a copy of this Order to Defendant by mail. This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that Defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to Plaintiff. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiff's relatives. 6. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: East Pennshoro and Hampden Township police. . 7. The sheriff, police or other law enforcement agencies are directed to serve the Defendant with a copy of the Petition, any Order issued, and the Order f?r Hearing without prepayment of costs. The Petitioner will ,inform the designated authority of any addresses, other than the Defendant's reSIdence, where Def~dant can be served. The Prothonotary is directed to file this Petition and Order Wlthout prepayment of costs. ~ ~ , ~ -~I .' < L '''" 8. THIS ORDER APPLffiS lMMEDlATEL Y TO DEFENDANT AND SHALL REMAIN IN EFFEGr UNTIL JULY 17,2002 OR UNTIL OTHERWISE MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND . HEARING, NOTICE TO THE DEFENDANT Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months in jail. 23 Pa.C.S, ~6114. Consent of the Plaintiff to Defendant's return to the residence shall Dot invalidate this Order, wllich can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C,S. ~6113. Defendant is further notified that violation of this Order may subject himlher to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. ~~2261- 2262. NOTICE TO LAW ENFORCEMENT OFFlCIALS This Order shall be enforced by the police who have jurisdiction over the plaintiff's residence OR any location where a violation of this order occurS OR where the defendant may be located. If defendant violates Paragraphs 1 through 4 of this Order, defendant shall be arrested on the charge ofIndfrect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence oflaw enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse, Weapons must forthwith be delivered to the Sheriff's office of the county , which issued this Order, which office shall maintain possession of the weapons until further Order of this court, unless the weaponls are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. . BY THE COURT: W} Jl~"lL_-judge l1"4", .tDtrlI {+, tlrJo 1 , Date Distribution to: Legal Services Faxed & Mailed to PSP TRUE COpy FROM RECORD In Testimony Wll6reof, I here unto set my haRe) ~. lid 1Ite of said Court" CartI8lI, JIJ... .... ~~ >>f~ JJmthonota~ . "''C- -,~--~-=---__~"- -'-' I ~" 0__" - .!ol ~ L -- . ' PF AD Number: MXll83823M Danielle Marie Fink, Plaintiff : IN THE COURT OF COMMON .: PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA v. . .' : No. Keith Daniel Fink, Defendant : : CML ACTION - LAW : PROTECTION FROM ABUSE . PETITION FOR PROTECTION FROM ABUSE 1. Plaintiff's name is: Danielle Marie Fink 2. I, (the Plaintiff), am filing this Petition on behalf of: - myself 3. Name(s) of ALL person(s), including minor children, who seek protection from abuse, a. Danielle Marie Fink 4, Plaintiff's Address is : 890 Acri Rd. . Meehanicsburg, P A 17055 5. Defendant's Name is: Keith Daniel Fink 6. Defendant's address is: unknown. 7. Defendant's Social Security Number is: 291-88-2375 8. Defendant's Date of Birth is: '..--~,-~-_____c7~'=-"'_ -____ - e_~_ c_~,_"_~~__,>,~~.,r__~_ .... Ai' _ 1 ~ 'L, -. ~ P', , February 3, 1977 9. Defendant's Place of employment is: White Rose Ambulance Service & East Penn Amublance Servo 10. Defendant is an adult. 11. The relationship between the Plaintiff and the Defendant is: Spouse Parents ofthe same children 12. The defendant has not been involved in a criminal court action, 13. Plaintiff and Defendant are the parents of the following minor chi1dJren: a. Marie Rose Lombardi Age:5 yrs. old Child's address is: 890 Acri Road, Mechanicsburg, P A 17055 b, Collin Michael Fink Age:l yr. old Child's address is: 890 Aeri Road, Mechanicsburg, P A 17055 14. Plaintiff is seeking an Order of child custody as part of this petition. The following is a list of the children and where they have live for the past 5 years: a, Marie Rose Lombardi For the past 5 years, this child has lived with: Plaintiff, DefCDdant, and Maternal grandparents, at 890 Acri Rd., Mechanicsburg, Pennsylvania, from Birth until present. Defendant moved out of the residence on January 10, 2001. b. Collin Michael Fink For the past 5 years, this child has lived with: Plaintiff, Defendant, and Maternal grandparents, at 890 Acri Rd., Mechaniesburg, Pennsylvania, from Birth until present. Defendant moved out of the residence on January 10, 2001. 15.. The facts of the most recent incident of abuse are as follows: On or about January 9, 2001, DefCDdant brushed up against Plaintiff and screamed in her face. Defendant followed Plaintiff upstairs into the bedroom and pushed her backwards into the closet causing her to fall and cut her finger. When Plaintiff left the room, Defendant followed her downstairs, got in front of her, clenched his fists, and screamed in her face causing her to fear for her safety. Plaintiff contacted the policewho came to the residCDce and filed an incident ~ " ~ J .... ,.;.j -~ ' -- .' . . report. 16. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor child/ren, (including any threats, injuries, or incidents of stalking) are as follows: On or about June 2000, Defendant pushed and shoved Plaintiff into the dresser. In or about August 1998, While Plaintiff was pregnant, Defendant grabbed Plaintiff's neck with both his hands, shoved her backwards, pushed his knee into her stomach to restrain her on the bed while he held her down hy her neck. In or about May 1998, Defendant screamed at Plaintiff and pushed her in the chest into the bathroom waD with such force he eausing bruising on her chest. From 1998 through the present, Defendant has abused Plaintiff in ways including the following: grabbed, pushed, choked, threw her down, and restrained her. Defendant has grabbed IUld pushed their minor daughter causing bruises on her arms and knees. On numerous occasions, Defendant kicked and hit he family dog. 17, The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: East Pennsboro and Hampden Township pollee, 18. There is an immediate and present danger of further abuse from the Defendant 19. The Defendant oweS a duty of support to Plaintiff and/or minor child/ren. 20. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A TEMPORARY ORDER, and AFTER BEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: i I' , Ii r I; , I I I I I a. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or minor child/ren in any place where Plaintiff may be found. b. Award Plaintiff temporary custody of the minor child/ren and place the following restrictions on contact between Defendant and child/ren: Plaintiff shall have primary l:fisieal and legal custody of the minor children. Defendant s have supervised visitation with the minor children at the maternal grandparents residence when the mQther is at work or other times agreed upon by the parties. c. Prohibit Defendant from having any contact with Plaintiff and/or minor child/ren, either in person, by telephone, or in writing, personally or through third persons, including but not limited to any contact at Plaintiff.s school, business, or place of employment, except as the court may find necessary with respect to partial custody ,and/or visitation with the minor child/ren. d. Order Defendant to pay temporary support to Plaintiff and/or the minor child/ren, including medical support . e, Order Defendant to pay the costs of this action, including filing and service fees, ,;;1 f. Order the following additional relief, not listed above: Defendant shaD not harass Plaintiff's relatives. Defendant shall not damage or destroy any property owned by the parties or solely by P1ainitiff. Defendant shall pay $250.00 to one ofMIDPENN LEGAL SERVICES funders as reimbursement for litigation in this cllse. g. Grant such other relief as the court deems appropriate. h. Order the police or other law enforcement agency to serve the Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. The petitioner will infonn the designated authority of any addresses, other than the Defendant's residence. where Defendant can be served. Respectfully submitted, Date: / /17 ~/ . / ~ Uloan Carey, Attorney for MID-PENN LEGAL 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 'pistributjon to: Mid-Penn Legal Services Fax and Mail PSP ,~, . J. VERIFICATION I verify that I am the ?etitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the bc;:st of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S, 94904, relating to unsworn falsification to authorities. Dated: ~.OL !:Y'OJv.-,;P ~ -Jl..~ O. . Danielle Fink, Plaintiff ~l L~ ~-~ ~ ""~' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DANIELLE M. FINK, Plaintiff NO. 01-497 CIVIL TERM V. CIVIL ACTION - LAW IN DIVORCE/CUSTODY KEITH D. FINK, Defendant .cUSTODY ORDER AND NOW, this _ day of _, 2002, upon consideration ofthe within Stipulation for Entry of Custody Order executed by Danielle M. Lombardi, formerly Danielle M. Fink (hereinafter referred to as "Mother") and Keith D. Fink (hereinafter referred to as "Father")(Mother and Father are sometimes hereinafter referred to individually "Parent" and collectively "Parents") pertaining to their minor children, Marie Lombardi, born October 27, 1995, and Collin Fink born March 26, 1999 (hereinafter referred to as the "Children"), IT IS HEREBY ORDERED AND DECREED as follows: A. LRGAL CUSTODV: The Parents shall share and have joint legal custody of the Children. Each Parent shall be entitled to participate, jointly with the other Parent, in all major non-emergency decisions affecting the Children's health, education, religion and general well being. Pursuant to the foregoing the following shall apply: 20. Access to Information: Each Parent shall be entitled to access to any and all information, persons, entities and documentation regarding the same so that informed decisions can be made. 21. Non-major Decisions: Non-major decisions involving the Children's day to day living shall be made by the Parent then having custody, but to the extent possible, the Parents shall attempt to make such rules and follow such schedules as would provide the Children with continuity regardless of the then - 1 - - - J _ ~ j~ . - --O_"'~""1t; existing custodial Parent. 22. Emergency Dec,isions: Emergency decisions regarding the Children shall be made by the Parent then having physical custody, but that PaI"ent shall immediately communicate to the other PaI"ent the nature and extent of the emergency and shall provide that other Parent with all infonnation pertaining to the treatment so that the other Parent may be involved in the decision making process at the earliest possible time. 23. Copies ofDoc,uments: To the extent not reasonably available to the other parent, upon receipt by a Parent, copies of the Children's school schedules, special events notifications, report cards and the like shall be provided to the other Parent, unless the documents are otherwise reasonably available to the other Parent. Each Parent shall share with the other Parent any other infonnation and documentation, or copies thereof, that each PaI"ent possesses regarding the Children within such reasonable time as to make the records and infonnation of reasonable use to the other Parent. 24. Notice of Activities: Each Parent shall provide the other Parent with at least 48 hours advance notice of school or other activities whenever possible if notice thereof is not reasonably available to the other Parent. 25. No Derogatory Comments: Neither PaI"ent shall make any derogatory comments about the other Parent in the presence of the Children and to the extent possible shall prevent third parties from making any such comments in the presence ofthe Children. 26. No Discussion: Neither Parent shall discuss any aspect ofthe custodial situation with the Children and shall not utilize the Children for purposes of conveying infonnation or inquiries pertaining to the Children to the other Parent. 27. Appointments: Each Parent shall notify the other Parent of any medical, dental, optical and psychological appointments and/or treatment for the Children sufficiently in advance thereof so that the other Parent can attend. 28. Care Providers: Each Parent shall provide the other Parent with the name, address and phone number of any babysitter or other daycare providers that regularly watch the Children for that Parent 29. Tel<:phone Contact: Both Parents shall be afforded reasonable telephone contact with the Children while in the other Parent's custody and for said purposes each Parent shall provide the other Parent - 2 - -'-'"' with his or her home phone number where the Children can be reached when in the that Parent's custody. 30. Temporary Ahsence from Commonwealth: If either Parent intends on removing the Children from the Commonwealth of Pennsylvania for a period in excess of forty-eight (48) hours that Parent shall provide the other Parent with the address and phone number where the Children can be reached during the period of absence. 31. Relocation: Neither Parent shall relocate with the Children from Cumberland County, Pennsylvania on a permanent basis without providing the other Parent with at least ninety (90) days advance notice thereof. Said ninety (90) day time period is designed to allow the Parents to negotiate a modification of this Stipulation, or in absence thereof, to be able to petition the Court for a modification if such modification is appropriate under the circumstances. B. PHVSICAT, ClTSTODV: The folJowing shall apply regarding physical custody of the Children: I. Primary Custody: Mother shall have primary physical custody ofthe Children, subject to the custody schedule hereafter set forth. 2. Partial Custody: Father shall have rights of partial physical custody ofthe Children, subject to the custody schedule hereafter set forth. 3. Custody Schedule: The Parents rights of custody shall be in accordance with the following schedule: a. Primary Custodian's Periods: Mother shall have custody ofthe Children for all periods not specifically reserved for Father in herein. b. Phase-in Period: For the four weeks commencing with the first Saturday following the date of this Order, Father shall have custody ofthe Children during the days every Saturday and Sunday from 9:00 a.m. until 6:00 p.m. each day. c. Alternating Weekends: Commencing with the fifth (5th) Friday after the date of this order, each parent shall have custody on alternating weekends from Friday at 4:00 p.m. until Sunday at 6:00 p.m., with the first alternating weekend being Mother's custodial weekend. - 3 - , ~ " .' L __w ~" ~--=~". d. Mid-Week Period: Father shall have custody on Thursday evenings following his alternating weekend from 4:00 p.m. until 6:00 p.m. During the phase in period set forth in subparagraph b above, the Thursday evening shall be the Thursday following the third and fifth week following the date of this order. e. Holidays/Special Days: The following shall apply regarding major holidays, Mother's Day and Father's Day: 1. Custody for major holidays and special days shall be in accordance with the following schedule: . .,/. ,. ~ ,. ". . , HObIDAYS TIMES ,EVEN ODD , ,.,. ,,' . . YEARS YEARS Easter Day 9:00 a.m. to 4:00 p.m. Mother Mother Segment 1 Easter Day 4:00 p.m. to 9:00 p.m. Father Father Segment 2 Memorial Day Friday at 4:00 p.m. to Memorial Day Father Mother Weekend Monday at 6:00 p.m. Independence 9:00 a.m. to 6:00 p.m. Mother Father Day Observed Labor Day Friday at 4:00 p.m. until Monday at Father Mother Weekend 6:00 p.m. Trick or Treat 4:00 p.m. to 9:00 p.m. Shared Shared Night-Same Night for Both Parties Trick or Treat 4:00 p.m. to 9:00 p.m. Mother Father on Night-Different on her his night Night for Each night Party Thanksgiving 4:00 p.m. on the Wednesday before Mother Father Thanksgiving Day to 6:00 p.m. on Thanksgiving Day Christmas I" 3:00 p.m. to 9:00 p.m. on 12/24 Father Father Segment Christmas 2nd 9:00 p.m. on 12/24 to 4:00 p.m. on Mother Mother Segment 12/25 - 4 - <~"""""''""'" Christmas 3 ,d 4:00 p.m. to 9:00 p.m. on 12/25 Father Father Segment Mother's Day 9:00 a.m. to 6:00 p.m. Mother Mother Father's Day 9:00 a.m. to 6:00 p.m. Father Father 2. Special Provisions Regarding Weekend Switching: The foregoing notwithstanding, ifthe Memorial Day and Labor Day holiday weekend periods herein provided result in a parent having custody for more than two (2) consecutive weekends, the party entitled to the holiday weekend shall switch weekends with the other Parent so that neither Parent has custody of the Children for more than two (2) consecutive weekends. f Summer Vacation Time: Each Parent shall be entitled to one (01) uninterrupted week of custody of the Children during the summer under and subject to the following terms and conditions: 1. ~: The summer week shall commence on Friday at 4:00 p.m. and shall end on the followmg Fnday at 4.00 p.m. 2. Summer of2002: Father shall not be entitled to a custodial week during the summer unless he has completed the phase in period set forth in subparagraph B.3.b. above. 3. Encompassing R~gular Weekend: To the extent possible the summer week shall be scheduled to encompass the selecting Parent's regular alternating weekend. 4. Excluded Week: Father shall not schedule his summer week for the last week before the start of the school year except upon mutual agreement of the parties. 5. Weekend Switching: If said scheduling set forth in subparagraph 3 above is not possible or practical, then the Parent selecting the custodial time period that encompasses the other Parent's regular alternating weekend shall switch weekends with the other Parent so that neither Parent has custody of the Children for more than two (2) consecutive weekends. 6. Advance Written Notice: Each Parent must provide the other Parent with at least - 5 - ~I ~ i . .~-"",^~~,. thirty (30) days advance written notice of his or her intention to exercise each of these custodial weeks. 7. Conflict: Should conflict arise between the selection of said weeks the first Parent to notify the other Parent of his or her selection shall have the right to exercise custody on the weeks selected and the other Parent shall select other times for his or her weeks so as to avoid any conflicts. c. MISCEU,ANEOnS CnSTODV TERMS: 1. Transportation: The transportation necessary for the custodial exchanges herein set forth shall be shared by the Parents. The Parent receiving custody of the Children shall provide the transportation for that custodial exchange. 2. Precedence: The holiday schedule shall take precedence over any other custodial period set forth herein. The other miscellaneous custodial periods shall take precedence over the regular alternating weekend and midweek custodial periods set forth herein. 3. Modification: The Parents shall be at liberty to modify the custodial periods herein provided to accommodate their respective schedules and special events, subject, nonetheless in all respects to the mutual agreement of the Parents for any such modifications. BY THE COURT: J. Distribution To: DIANE G. RADCLIFF, ESQUIRE 3448 Trindle Road Camp Hill, P A 117011 Attorney for Plaintiff Gary L. Kelley, Esquire 132 Walnut Street Harrisburg, PA 17101 Attorney for Defendant - 6 - . '~ ~.""'""._,~ - ~ I 11 ",~ - ~I= ,,---~ ~- ~ .,.' ",",,,..< ,-,,~ '. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DANIELLE M. FINK, Plaintiff NO. 01-497 CIVIL TERM V. CNIL ACTION - LAW IN DNORCE/CUSTODY KEITH D. FINK, Defendant STIPULATION FOR ENTRY OF CUSTODY ORDER AND NOW This _ day of _, 2002, Plaintiff, Danielle M. Lombardi, formerly Danielle M. Fink, ("Mother") and Defendant, Keith D. Fink, ("Father") hereby stipulate and agree that the foregoing Custody Order shall be entered by the Court in the above captioned matter regarding their children, Marie Lombardi, bom October 27, 1995, and Collin Fink born March 26, 1999 (the "Children"). IN WITNESS WHEREOF the Parents, intending to be legally bound hereby, have set their hands and seals the day and year below written. WITNESS: (SEAL) DANIELLE M. LOMBARDI Date: (SEAL) KEITH D. FINK Date: - 7 - liItlil.. '-~&;if;",,",,'liot4_Ml~!ilifum,n,,,,I!\\~""'~JW,'l0:l%~Wii;'""~~V"'tMa""'N~~f.f.&'0ill.~J;;;;;I,\;'~ '~"~" ~- ,~..~ -~ ,,- "'ltdIi'~ ~'O ~.Jillliilllii""'- , !HAl ~~ oJ, ~'=~~''"rd~ ,w'_ ~ .~'. ~....-. -~""".~ - ,,' .' (') c:> 0 c w '" ~ ? , R ~ -O~i :c; :~J mfj' Z :-;-j:D Z::t " ZC I ~":'"~ 1'1 ~~~ W :-r..!CJ --, --- ~ C)(L, vJ !;::OO --0 i3~ "2J :> -, vJ ....\~. :x ~ >() Ofn C Z -'I -- :::> 55 (). -f'---J =< In -< 0 2 'i>~ ~ ~~-~ l. " ~ -~' _ - ,_0 -.. " ,~ ii:<' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DANIELLE M: FINK, now by resumption of maiden name DANIELLE M, LOMBARDI Plaintiff NO. 01-497 CIVIL TERM v. CIVIL ACTION - LAW IN DIVORCE KEITH D. FINK Defendant NOTICE IF YOU WISH TO DENY ANY OF THE STATEMENTS SET FORTH IN THIS AFFIDAVIT, YOU MUST FILE A COUNTER-AFFIDAVIT WITHIN TWENTY DAYS AFTER THIS AFFIDAVIT HAS BEEN SERVED ON YOU OR THE STATEMENTS WILL BE ADMITTED. AFFIDAYIIllNDER SECTION 3301(d) OF THEIDVORCE CODE I. The parties to this action separated on January 10,2001 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. I verify that the statements made in this affidavit are tme and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsifications to authorities. Date: January 11, 2001 f3l,..JY\ i ~ ~1 R . em J"1YVI t~.... CA .- DANIELLE M. LOMBARDI, (Formerly Danielle M. Fink) PLAINTIFF ,,"~~~"""211<~iifu~~olilll~tj);~~!l!l;~~j~i!!ill '-__';__"i-"'_"","'~.Ji~'_"", ~'"...."_~_ "~_,,,<,. _~-.,~ -<.~~~_,;, ., ^~ ~ ,H," ~-,~ ~, "' ' <. ,:,~~-" ~~'-""'~'I''"~ <- " ~ ]--> ~' , -," , 0 G 0 C W ~'n ~ -U Cr-' ~c;:'.. m<" '..;<" -, .' z~;:, J". 1'0 , 2~ L~",: . , co -<" c::; r~:; [-~-:', ~71 ::;:;m- e, -" ~:r~ :Jc. c> ;--- (~ "'.-' ---I Z '::::> ;;;e, ___.1 ~I -< "--.1 -< ~ ~~ ~m..--'-~ > "" '"----"'" i DIANE G, RADCLIFF 3448 TRINDLE ROAD CAMP HILL. PA 17011 (717) 737-0100 .d ~"""~~, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DANIELLE M. FINK, now by resumption of maiden name DANIELLE M. LOMBARDI, Plaintiff NO. 01-497 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE V. KEITH D. FINK, Defendant c 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. DetedLJ~{)> i~Q~'L ~ii:'~"';;'I1,f;l>ii~l,j;iw~J&i~~..i!stB!.~""~',_,~""\;"Bi;,j_"");lci<&l;tkd{lj\j!i&;-' ,.b." ~,_, - c.,~ ,," , ~""' '0 _ ~ ~~~"P_~,"_ ~"'I.rrYl '1 ""'....."'~--'- irjll' ~- " g '$: -oi'~ , :0 C .? - - '..2- ~C:i ::;:>:0 ~O J>C ~, - .:::> c..:> '- """ :% N3 W "'D :J: ~ r:- ()'1 " . t \?, cc1 fi~~, "iC~ :L....:,{ C)- ':'-.,..C) ".-r:n o -I ~ ::<: M -~ l..~ -'__~,~ DIANE G. RADCLIFF 3448 TRINDlE ROAD CAMP Hill, PA 17011 (717) 737-0100 , ,J . l~ '."" .~-~,--, l^~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DANIELLE M. FINK, now by resumption of maiden name DANIELLE M. LOMBARDI, Plaintiff NO. 01-497 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE V. KEITH D. FINK, Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 24, 2001 and served on the Defendant on February 6, 2001 by Acceptance of Service executed by Gary Kelley, Esquire, attorney for Defendant. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated:~ ~t.~~: :il'j~'MI\I1#.Jw"~~-,"illfr,,*;Hll~~!i~j,~iffi>l~<liUl\ZW'}'OI*b~,,~~;iJm~~,i,j't~~1liifu:~AiIi11Mllil"' .lIlliilillllllilH' - -^ '~'!lUilll il' "iitl"'~~ .,,-~ ,,-v'. .,~ ~ ~_. , '_'O',~ ~~ "".>' . . ~ ~-- . ~ ~ - .,,,,,,-~," ' g Cl ~ w :s: t..- ,'"" "'tlw, S; 'f~:n ron r 2:ri N ....;rr1 C -"0 Cf.1J?; w 16 ~B -0 V' Ii !< - .~ ---rJ; i8 ::;r;; sto ~ Om ~ ,;:- ~ (;l'l III ~~ , - DIANE G, RADCLIFF 3448 TRINDlE ROAD CAMP Hill, PA 17011 (717) 737-0100 ..i.1 1 ,-- .1 " ilIlIlJ"iliL~r:' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DANIELLE M. FINK, now by resumption of maiden name DANIELLE M. LOMBARDI, Plaintiff NO. 01-497 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE V. KEITH D. FINK, Defendant c 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated:~\O~ b~.~ DEL .LO I .".- . ~_Jil~",,,,,,-~cl.l.\,'fI;;l~~!'#-~;~~<JlrJffi'iffi!!&~O!,,~"IO,,"~~~ ."'- Ili' - .- lie'lf"" "-.;; Q 0 ~ ~ W '- __.t ~O:J or.. .T:pl ~fT1 % ;-:;:} -;:0 N 'gf'!1 ZS;: - 0 01> W ~:~~;~ ~ ~Z l.i:::O -c> :r:-n ~g ::JI,: Q- 20 ::P>C ~ Om -; ~ ~ ~ en ~- - ,~ "--"I ~ . 'M'~, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DANIELLE M. FINK, now by resumption of maioen name DANIELLE M. LOMBARDI, Plaintiff V. NO. 01-497 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE KEITH D. FINK, Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 24, 2001 and served on the Defendant on February 6, 2001 by Acceptance of Service executed by Gary Kelley, Esquire, attorney for Defendant. 2. The marriage of Plaintiff and Defendant lS irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: 1.:z..'-..lo1, ~~~lD{l~,- DIANE G, RADCLIFF 3448 TRINDlE ROAD CAMP HILL. PA 17011 (717) 73H100 c~U~;W",jC;~l;"1lliR!AA-;!ii!:~$i.~~"""Ji;I,",I,-;'"",Mdi-"""",'~"~,':-~~",,",,f0~'i;jf,,i;!ooi'-"" "~ ",._-,:;__< '~~<" _"_"~H~ ,,~, .~ --">~" ," ,~"",-~- -, ~-=" -~ ,., ','_ "0, ~~-~~Illlliil'lliIillIll:!iIIa,::..I'illlIliJIlII" , =- - W" '1 -r~~ -" ' ~ . e 0 0 ,W -n t... ~ "'tHP "'" .''f'" __ mrn z '11~ Z:n , ill:; N .',:;p::l V,:i ~D ,J p-~~ -J. -<2 :"'u [<C :s! ::r.::::w c~8 ..... 00 :z '>c: ~ am ,:::j ~ z:- ?Xi (J'I -< ~ . '-, J I~ 1.,-' _. "-,:..,. ~ ~ <. '-..( . " 1 r' . ( r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DANIELLE M. FINK, now by resumption of maiden name, DANIELLE M. LOMBARDI Plaintiff : NO. 01-497 CIVIL TERM V. : CIVIL ACTION - LAW : IN DIVORCE/CUSTODY KEITH D. FINK, Defendant ORDER OF COURT ~ JAu"-"~ .:200::' AND NOW, , upon cortsideration of the attached Petition, IT IS HEREBY ORDERED that pending the custody conciliation conference in this case, Plaintiff, Danielle M. Lombardi, shall have primary physical custody of the parties' minor children, Marie Rose Lombardi, born on October 27, 1995, and Collin Michael Fink, born on March 26, 1999. Defendant shall have supervised visitation with the minor children at the maternal grandparents residence when the Plaintiff is at work or at other times agreed upon by the parties. J. DISTRIBUTION TO: ~ ~ /_09-03 / Attorney For Plaintiff: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Plaintiff: Danielle M. Lombardi 890 Acri Road Mechanicsburg, P A 17050 Defendant: Keith D. Fink 143 North 21" Street, Apt. #2 Camp Hill, PA 17011 ~. _c_ , "' ~--, ~ " 1"','- ,'. ,- 11') Itlifj V-;.J '->'(!i-' .~q f, ;"1 " t" 1[': I1Q ~ 1...1-..., CU", 'I'",', ' IV', '~'H: c" -' - P5VNSViJ!j~~I':Ui'Ynl ~t ,JV ,.oj I " .... - ~' - ,<, " '. ,~~~ .~, :f~ cJ~ 1 ~ ~ . :f5 1 ~ d~ I'r) t ... --- ", -::":.. ~ ~ :m-~t!l!ll~I!!I!J\~~ _n_~~_~Ifl,,(,91'~~'X$"'fn:-m~',>Ii~"li'li!'~WI!!!~\'1~j~II~2!ll"III;i!!'ffifmWIt~Wl'1"'i;i"'-" "~~: _ _ ~~,~~1!1i "'" ~ -~- - ~..."> --~I .J. llhi; f' r , 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA , DANIELLE M. FINK, now by resumption of maiden name, DANIELLE M. LOMBARDI Plaintiff NO. 01-497 CIVIL TERM V. CIVIL ACTION - LAW IN DIVORCE/CUSTODY KEITH D. FINK, Defendant fEIITION FOR SPECIALRELIEF AND NOW, THIS j day of , 2003 , comes the Plaintiff, Danielle M. Lombardi, and files this Petition or Special Relief and represents that: 1. Your Petitioner is Danielle M. Lombardi, formerly Danielle M. Fink, residing at 890 Acri Road, Mechanicsburg, P A 17050 and is the Plaintiff in the above captioned action. Petitioner is hereinafter referred to as "Mother". 2. Your Respondent is Keith D. Fink, residing at 143 North 21 5t Street, Apt. #2, Camp Hill, P A 17011, and is the Defendant in the above captioned action. Respondent is hereinafter referred to as "Father". 3. Concurrently herewith Mother has filed a Complaint for Custody. A true and correct copy of the Custody Complaint is attached hereto, marked Exhibit" A" and made a part hereof. 4. In the Custody Complaint Mother is seeking custody of the following children (hereinafter referred to as the "Children"): - 1 - _'~_J " .ii' I ~' , " I' '. " ) , , NAME ]l[,t'tCE'OF',RESIDEl'ITCB flGB IDOB ".,,':." . Marie Rose Lombardi 890 Acri Road 7 10/27/95 Mechanicsburg, P A 17050 Collin Michael Fink 890 Acri Road 3 3/26/99 Mechanicsburg, P A 17050 5. The Children have been in the primary custody of Mother since Mother and Father separated on January 10,2001, and reside with Mother at her residence located at 890 Acri Road, Mechanicsburg, P A 17050. 6. On January 17,2001, at or near the time of the parties' separation, the Honorable 1. Wesley Oler, Jr. entered a Temporary Protection from Abuse Order against Father in the case docketed to No. 01-344. A tme and correct copy of the January 17, 2001 Order and PFA Petition is attached hereto, marked Exhibit "B" and made a part hereof. 7. In Paragraph 4 of the January 17, 2001 Order the following appears and was ordered: "4. Pending the outcome of the final hearing in this matter, Plaintiff is awarded temporary custody of the following child/ren: 1. Marie Rose Lombardi 2. Collin Michael Fink Until the final hearing, all contact between the Defendant and the child/ren shall be limited to the following: Plaintiff shall have primary physical and legal custody of the minor children. Defendant shall have supervised visitation with the minor children at the maternal grandparents residence when the mother is at work or at other times agreed upon by the parties." 8. The PF A case was continued two times by Orders dated January 25, 2001 and February 28, 2001 respectively, in which Orders the terms ofthe January 17,2001 Order were continued - 2 - ( , in full force and effect. A tme and correct copy of the January 25, 2001 Order is attached hereto, marked Exhibit "C" and made a part hereof. A true and correct copy of the February 28, 2001 Order is attached hereto, marked Exhibit "D" and made a part hereof. 9. Since the entry of the aforesaid PPA orders and the parties separation on January 10,2001, Father has had only supervised visitation with the Children. Father's last arranged visitation period was on October 27,2002. 10. Generally when Father has arranged or attempted to arrange for visitation he does so at the last moment, usually the day before or on the day of the requested visitation period. 11. Recently Father has become belligerent (verbally abusive) with Mother when she has been unable to accommodate his last minute requests for visitation with the Children. 12. Recently without Mother's knowledge and consent, Father has shown up at the Children's school. These actions included the following: a. Father went to the Collin's day care on Thursday 12/19/02. He asked what food services the day care offered. He then asked to see Collin but was not able to do so since Collin was not in day care that day. b. On Wednesday 12/20102 Father he went to see Marie in school and had lunch with her. Father told her that he would be back to see her at school on Friday, December II, 2002. Father did not show up or call. As a result the child became distraught and was not able to do her school work. He subsequently left message on Mother s answering machine stating that he was just checking and wanted to know when the parties would meet on Christmas day so he could visit with the Children. 13. Approximately four (4) years ago Father threatened to take the Children away from Mother. Mother was warned of this by Father's then extramarital girlfriend who told Mother not to leave the kids alone with him because if things got bad he would take the kids and leave. - 3 - J.>" , T " 14. Father has family living in Ohio, Connecticut and Florida. Father was to move to Connecticut in October of2002 to live with his brother, but canceled that move when he met with his girlfriend. 15. Given Father past abuse, his current belligerent behavior and his otherwise unstable life, Mother is fearful that Father may attempt to leave with the Children out of state, or will try to remove them from their schools and not return them to her if a temporary Order is not entered. 16. A copy of this Petition was mailed to Father on January 3, 2003. He has not otherwise to been contacted to detennine his position regarding this Petition as he had been contacted numerous tirnes in the past about signing a stipulation for custody and has failed and refused to discuss the terms thereof or otherwise respond to those inquires. It is therefore believed that any attempt to inquire as to his consent to this Order would be fruitless. 17. The only judge involved in this case is the Honorable 1. Wesley Oler, Jr., who entered a Temporary Protection from Abuse Order against Father in the case docketed to No. 01-344 on January 17,2001, and continuance PPA orders on January 25, 2001 and February 28, 2001 respectively, copies of which are attached to this Petition as exhibits "B", "c" and "D" respectively WHEREFORE, Plaintiff requests the Court to grant temporary legal and physical custody of the Children to the Plaintiff pending the custody conciliation conference to be scheduled in this case. - 4 - '"" ,_..........1 ". 1"'<10""",",,,,,-- VERIFICATION j)L+;~ ~ ~<L(! ~~ I verify that the statements made in this e~~lv omll nt 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: t ';;l\:>>\\O;:} rro.~-" u,Jl CVY\ f.~~~Jr...r<ftJv..' DANIELLE M. LOMBARDI - 5 - ,- ~ ~-- "~! ~ I .I ~--' ,--; '. . ,-- -i-;i , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA DANIELLE M. FINK, now by resumption of maiden name, DANIELLE M. LOMBARDI Plaintiff : NO. 01-497 CIVIL TERM V. : CIVIL ACTION - LAW : IN DIVORCE/CUSTODY KEITH D. FINK, Defendant ORDER OF COURT AND NOW, , upon consideration of the attached Complaint, it is hereby directed that the parties and their respective legal counsel shall appear before , the conciliator, at on , at for a Pre-Hearing Custody Conference. At such Conference an effort will be made to resolve the issue 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 ages 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: CUSTODYCONC~IATOR The Court of Common Pleas of Cumberland County is required by law to comply with the American 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 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 " ,,"' . ,~, " ,~ ~" ~" .~ ~ , "--, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DANIELLE M. FINK, now by resumption of maiden name, DANIELLE M. LOMBARDI Plaintiff NO. 01-497 CIVIL TERM V. CIVIL ACTION - LAW IN DIVORCE/CUSTODY KEITH D. FINK, Defendant CUSTODY COMPLAINT 1. The Plaintiff is Danielle M. Lombardi, formerly Danielle M. Fink, residing at 890 Acri Road, Mechanicsburg, PA 17050. 2. The Defendant is Keith D. Fink, residing at 143 North 21 st Street, Apt. #2, Camp Hill, P A 17011 3. Pl'fff k t d fth fi 11 h'ldr am! see s cus OJY 0 e 0 owmg c 1 en: , , NAME PLACE OF RESIDENCE AGE D.O.B. Marie Rose Lombardi 890 Acri Road 7 10/27/95 Mechanicsburg, P A 17050 Collin Michael Fink 890 Acri Road 3 3/26/99 Mechanicsburg, P A 17050 4. The child, Marie Rose Lombardi, was born out of wedlock. The child, Collin Michael Fink, was not born out of wedlock. 5. The children are presently in the custody of the Plaintiff, who resides at 890 Acri Road, Mechanicsburg, P A 17050. 6. During the past five years, the children have resided with the following persons and at the following addresses: - 1 - - I _0'_ . ~~ 1~~, . , PERSONS ADDRESSES DATES Danielle M. Lombardi 890 Acri Road Mechanicsburg, 1/8/00 Laura Lombardi PA 17050 to Daniel Lombardi Present Michael Lombardi Keith D. Fink 890 Acri Road Mechanicsburg, 1997 to 1/8/00 Danielle M. Lombardi PA17050 Laura Lombardi Daniel Lombardi Michael Lombardi Keith D. Fink 890 Acri Road Mechanicsburg, 10/27/95 to 1997 Danielle M. Lombardi PA 17050 Laura Lombardi Daniel Lombardi Michael Lombardi Joey Lombardi 7. The mother of the children is Danielle M. Lombardi, currently residing at 890 Acri Road, Mechanicsburg, P A 17050. 8. The mother is married. 9. The father of the children is Keith D. Fink, currently residing at 209 Fetrow Lane, New Cumberland, P A 17070. 10. The father is married. 11. The relationship of Plaintiff to the children is that of Mother. 12. The Plaintiff currentlv resides with the following persons: NAMES RELATIONSHIP Marie Rose Lombardi daughter Collin Michael Fink son Laura Lombardi mother Daniel Lombardi father - 2 - ,_,4 , - I , 01- , , I'. j ~( , NAMES RELATIONSHIP , Michael Lombardi brother 13. The relationship of Defendant to the children is that of Father. 14. Th D fI d t e e en an curren IV res! es Wit e 0 OWIng persons: , I , " , , NAMES , RELATIONSHIP None t1 'd 'hth fill 15. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court other than the Protection from Abuse Action filed in Cumberland County, P A and docketed to No. 01-344, in which action an Protection from Abuse Order dated January 17,2001 was entered which order contains provisions regarding custody. A tme and correct copy of said order is attached hereto, marked Exhibit "A" and made a part hereof. 16. Plaintiff has no information ofa custody proceeding concerning the children pending in a court of this Commonwealth. 17. Plaintiff does not lmow 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. 18. The best interest and permanent welfare of the children will be served by granting the relief requested because: a. Plaintiff has been the primary caretaker of the children. b. Plaintiff is better able to provide for the physical and emotional needs of the children. c. Defendant works 3 jobs and cannot care for the children. d. Defendant does not have a proper environment for the children to live in. e. Father is not stable. - 3 - ., , "-,:.,,> a. Plaintiff has been the primary caretaker ofthe children. f. Father is not capable of providing adequate care and supervision of the children. 19. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests the Court to grant custody of the children to the Plaintiff in accordance with the proposed order attached hereto, marked Exhibit "B" and made a part hereof. Respectfully submitted, 448 Trindl Road . , PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 ID No. 32112 Attorney for Plaintiff - 4 - 1_._ iU.:i i.. ~. VERIFICATION I verify that the statements made in this Custody 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: i~ 0s1ca ,t% ^^ I Qll . I nio\ 0 ITv-<-(' J A ' DANIELLE M. LOMBARDI . i or, ~~~ Danielle Fink, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2001- CNIL TERM Keith Daniel Fink, Defendant :PROTECTION FROM ABUSE AND CUSTODY NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. !fyou wish to defend against the claims set forth in the following papers, you must appear at the hearing scheduled herein. Jfyoufail to do so, the case may proceed against you and a FINAL Order may be entered against you granting the relief requested in the Petition. In particular, you may be evicted from your residence and lose other important rights. ,AHEARlNG ON TmSMATTER IS SCHEDf'ED ON J41l 2'1" ,nu,AT t../,OO /H'M., IN COURTROOM NO.' " OF THE CUMBERLAND COUNTY COUR OUSE, CARLISLE, PENNSYLVANIA. You MUST obey the Order that is attached until it is, modified or terminated by the court after notice and hearing. If you disobey this Order, the police may arrest you. Violation of this, Order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00 andlorupto six months injaiI under 23 Pa.C.S. g6114. Violation may also subject you to prosecution and criminal penaitiesunder the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. ~2265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. !fyou travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.C. g 2261-2262. You should take this paper to your lawyer at once. Yon have the right to have a lawyer represent you at the hearing. The court will not, however, appoint a lawyer for you. 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. H you cannot find a lawyer, you may have to proceed without one. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE,CARLISLE,PENNSYLVANIA 17013 TELEPHONE NUMBER: (717)249-3166 AMIJ:RICANS 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. Allarrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearirig. ." .--------"-----,-"_.,--,,-,,~_. ". -. '"'" Danielle Marie Fink, Plaintiff : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA v. Keith Daniel Fink, Defendant : : No. : CIVIL ACTION - LAW : PROTECTION FROM ABUSE . . TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: Keith Daniel Fink Defendant's Date of Birth is: February 3,1977 Defendant's Social Security Number is: 291-418-2375 Name(s) of All protected persons, including Plaintiff and minor children: 1. Danielle Marie Fink AND NOW, on 17th Day of January, 2001 upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: Plaintiff's request for a temporary protection order is granted. 1. Defendant shall not abuse, harass, stalk orthreaten any of the above persons in any place where they might be found. 2. Except for such contact with the minor child/ren as may be permitted under paragraph 4 of this Order, Defendant is prohibited from baving ANY CONTACT with Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiff's school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this order. Plabrtiff's residence located at 890 Acri Road, Mechaniesburg, Pennsylvania, owned by Plaintiff's parents. Plabrtiff's place of employment located at Applebees, Carlisle Pike, Mechanicsburg, Pennsylvania. . ,,~,___,___~__".~_._,__r~_._~__ ~""'l' ~." ..-' , 3. Except for such contact with the minor child/ren as may be permitted under paragraph 4 of this Order,. Defendant shall not contact Plaintiff, or any other person protected under this Order, by telephone or by any other means including through third persons.' " 4. Pending the outcome of the final hearing in this matter, Plaintiff is awarded temporary custody of the following minor child/ren: I. Marie Rose Lombardi 2. Collin Michael Fink Until the final hearing, all contact between Defendant and the child/ren shall be limited to the following: Plaintiff shall have primary physical and legal custody of the minor children. Defendant shall have supervised visitation with the minor children at the maternal grandparents residence when the mother is at work or at other times agreed upon by the parties. . The local law enforcement agency in the jurisdiction where the child/ren are located shall ensure that the child/ren are placed in the care and control of the Plaintiff in accordance with the terms of this Order. 5. The following additional relief is granted: The Cumberland County Sheriff's Department shall attempt to make service at Plaintifi"s request and without pre-payment of fees, but service may be accomplished under any applicable Rule of Civil Procedure. This Order shall be docketed in the office of the Prothonotary and forWarded to the Sheriff for service. The Prothonotary shall not send III copy of this Order to Defendant by maiL This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that Defendant has committed an aet of abuse or has engaged in a pattern or praetiee that indicates risk of harm to Plaintiff. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiff's relatives. 6. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: East Pennsboro and Hampden Township police. . 7. The sheriff, police or other law enforcement agencies are directed to serve the Defendant with a copy of the Petition, any Order issued, and the Order f?r Hearing without prepayment of costs. The Petitioner will.inform the deSIgnated authority of any addresses, other than the Defendant's rCSldence, where Def~dant can be served. The Prothonotary is directed to file this Petition and Order WIthout prepayment of costs. " ~I - " . - "'.~~~ 8. THIS ORDER APPLIES lMMEDIATEL Y TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL JULY 17, 2002 OR UNTIL OTHERWISE MODIFIED OR TERMlNATEDBY THIS COURT AFTER NOTICE AND . HEARING. NOTICE TO THE DEFENDANT Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is punishable by. a fine ofup to $1,000.00 and/or up to six months in jail. 23 Pa.C.S. ~61l4. Consent of the Plaintiffto Defendant's return to the residence shall not invalidate this Order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S. ~6113. Defendant is further notified that violation of this Order may subject himlher to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. ~~2261- 2262. NOTICE TO LAW ENFORCEMENT OFFICW"S This Order shall be enforced by the police who have jurisdiction over the plaintiffs residence OR any location where a violation of this order occurS OR where the defendant may be located. If defendant violates Paragraphs I through 4 ofrbis Order, defendant shall be arrested on the charge ofIndfrect Criminal Contempt An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of law enforcement Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriffs office of the county . which issued this Order, which office shall maintain possession of the weapons until further Order of this court, unless the weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. ' BY THE COURT: atj_:j{~L_ fudge LJ:;,." ;'&tr1 / J'+, t:lt?o 1 I Date Distribution to: Legal Services Faxed & Mailed to PSP TRUE COpy FROM RECORD In Teatimony wllarIIof, f here unto SIIlt my halJll ~ of saMf ~~ ~~~I ...' :z 1{~~ ProthonDl8~ -- ~ ' , Ai ~ I, . PFAD Number: MXl183823M Danielle Marie Fink, Plaintiff : IN THE COURT OF COMMON .: PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA : v. . .' : No. Keith Daniel Fink, Defendant : CNIL ACTION - LAW : PROTECTION FROM ABUSE " \ PETITION FOR PROTECTION FROM ABUSE 1. Plaintiff's name is: DanieJIe Marie Fink 2. r, (the Plaintiff), am tiling this Petition on behalf of: - myself 3. Name(s) of ALL person(s), including minor children, who seek protection from abuse. a. Danielle Marie Fink 4. plaintiff's Address is: 890 Aeri Rd.. Mechanicsburg, PA 17055 5. Defendant's Name is; Keith Daniel Fink , 6. Defendant's address is: unknown. 7. Defendant's Social Security Number is: 291-88-2375 8. Defendant's pate of Birth is: "' February 3, 1977 9. Defendant's Place of employment is: White Rose Ambulance Service & East Penn Amublance Servo 10. Defendant is an adult. 11. The relationship between the Plaintiff and the Defendant is: Spouse Parents of the same children 12. The defendant has not been involved in a criminal court action. 13. Plaintiff and Defendant are the parents of the following minor child/ren: a. Marie Rose Lombardi Age:5 yrs. old Child's address is: 890 Acri Road, Mechanicsburg, P A 17055 b. Collin Michael Fink Age:l yr. old Child's address is: 890 Acri Road, Mechanicsburg, P A 17055 14. Plaintiff is seeking an Order of child custody as part of this petition. The following is a list of the children and where they have live for the past 5 years: a. Marie Rose Lombardi For the past 5 years, this child has lived with: Plaintiff, Defendant, and Maternal grandparents, at 890 Aui Rd., Mechanicsburg, Pennsylvania, from Birth until present. Defendant moved out of the residence on January 10, 2001. b. Collin Michael Fink For the past 5 years, this child has lived with: Plaintiff, Defendant, and Maternal grandparents, at 890 Acri Rd., Mechanicsburg, Pennsylvania, from Birth until present. Defendant moved out of the residence on January 10,2001. 15.. The facts of the most recent incident of abuse are as follows: On or about January 9, 2001, Defendant brushed up against Plaintiff and screamed in her face. Defendant followed Plaintiff upstairs into the bedroom and pushed her backwards into the closet causing her to fall and cut her finger. When Plaintiff left the room, Defendant fonowed her downstairs, got in front of her, clenched his rlSts, and screamed in her face causing her to fear for her safety. Plaintiff contacted the policewho came to the residence and filed an incident '. . report. 16. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor child/ren, (including any threats, injuries, or incidents of stalking) are as follows: On or about June 2000, Defendant pushed and shoved Plaintiff into the dresser. In or about August 1998, While Plaintiff was pregnant, Defendant grabbed Plaintiff's neck with both his hands, shoved her backwards, pushed his knee into her stomach to restrain her on the bed while he held her down by her neck. In or about May 1998, Defendant screamed at Plaintiff and pushed her in the chest into the bathroom wail with such force he causing bruising on her chest. From 1998 through the present, Defendant has abused Plaintiff in ways including the following: grabbed, pushed, choked, threw her down, and restrained her. Defendant has grabbed and pushed their minor daughter causing bruises on her arms and knees. On numerous occasions, Defendant kicked and hit he family dog. 17. The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: ' East Pennsboro and Hampden Township police, 18. There is an immediate and present danger of further abuse from the Defendant. 19. The Defendant owes a duty of support to Plaintiff and/or minor child/ren. 20. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: a. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or minor child/ren in any place where Plaintiff may be found. b. Award Plaintiff temporary custody of the minor child/ren and place the following restrictions on contact between Defendant and child/ren: Plaintiff shall have primary physical and legal custody of the minor children. Defendant shall have supervised visitation with the minor children at the maternal grandparents residence when the mother is at work or other times agreed upon by the parties. c. Prohibit Defendant from having any contact with Plaintiff and/or minor child/ren, either in person, by telephone, or in writing, personally or through third persons, including but not limited to any contact at Plaintiff's school, business, or place of employment, except as the court may find necessary with respect to partial custody .and/ or visitation with the minor child/ren. ' d. Order Defend~t to pay temporary support to Plaintiff and/or the minor child/ren, including medical support . . e. Order Defendant to pay the costs of this action, including filing and service fees. -~ (~ 1: Order the following additional relief; not listed above: Defendant shaH not harass Plaintiff's relatives. Defendant shall not damage or destroy any property owned by the parties or solely by Plainitiff. Defendant shall pay 5250.00 to one ofMlDPENN LEGAL SERVICES funders as reimbursement for litigation in this Cllse. g. Grant such other relief as the court deems appropriate. h. Order the police or other law enforcement agency to serve the Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. The petitionerwiU infonn the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. Respectfully submitted, / Date: 1/17/0/ . I Uloan Carey, Attomey for MID-PENN LEGAL S 8 Irvine Row Carlisle,PA 17013 (717) 243-9400 'pistribution to! Mid-penn Legal Services Fax and Mail PSP . VERIFICATION I verify that I am the :'etitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S. g4904, relating to unsworn falsification to authorities. Dated: ~, Ol /YD..fn. ;0 L ":. h "~I\ 0. . Danielle Fink, Plaintiff ". ~ - . "~, " , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DANIELLE M. FINK, Plaintiff NO. 01-497 CIVIL TERM V. CIVIL ACTION - LAW IN DIVORCE/CUSTODY KEITH D. FINK, Defendant CUSTODY ORDER AND NOW, this _ day of --:-,2002, upon consideration of the within Stipulation for Entry of Custody Order executed by Danielle M. Lombardi, formerly Danielle M. Fink (hereinafter referred to as "Mother") and Keith D. Fink (hereinafter referred to as "Father")(Mother and Father are sometimes hereinafter referred to individually "Parent" and collectively "Parents") pertaining to their minor children, Marie Lombardi, born October 27,1995, and Collin Fink born March 26, 1999 (hereinafter referred to as the "Children"), IT IS HEREBY ORDERED AND DECREED as follows: A. LEGAL CUSTODY: The Parents shall share and have joint legal custody of the Children. Each Parent shall be entitled to participate, jointly with the other Parent, in all major non-emergency decisions affecting the Children's health, education, religion and general well being. Pursuant to the foregoing the following shall apply: 20. Access to Tnfonnation: Each Parent shall be entitled to access to any and all information, persons, entities and documentation regarding the same so that informed decisions can be made. 21. Non-major Decisions: Non"major decisions involving the Children's day to day living shall be made by the Parent then having custody, but to the extent possible, the Parents shall attempt to make such rules and follow such schedules as would provide the Children with continuity regardless of the then - 1 - =' ..~ .~ " , fI1', . existing custodial Parent. 22. Emergency Decisions: Emergency decisions regarding the Children shall be made by the Parent then having physical custody, but that Parent shall immediately communicate to the other Parent the nature and extent of the emergency and shall provide that other Parent with all information pertaining to the treatment so that the other Parent may be involved in the decision making process at the earliest possible time. 23. Copies of Documents: To the extent.not reasonably available to the other parent, upon receipt by a Parent, copies of the Children's school schedules, special events notifications, report cards and the like shall be provided to the other Parent, unless the documents are otherwise reasonably available to the other Parent. Each Parent shall share with the other Parent any other information and documentation, or copies thereof, that each Parent possesses regarding the Children within such reasonable time as to make the records and information of reasonable use to the other Parent. 24. Notice of Activities: Each Parent shall provide the other Parent with at least 48 hours advance notice of school or other activities whenever possible if notice thereof is not reasonably available to the other Parent. 25. No Derogatory Comments: Neither Parent shall make any derogatory comments about the other Parent in the presence of the Children and to the extent possible shall prevent third parties from making any such comments in the presence of the Children. 26. No Discussion: Neither Parent shall discuss any aspect of the custodial situation with the Children and shall not utilize the Children for purposes of conveying information or inquiries pertaining to the Children to the other Parent. 27. Appointments: Each Parent shall notify the other Parent of any medical, dental, optical and psychological appointments and/or treatment for the Children sufficiently in advance thereof so that the other Parent can attend. 28. Care Providers: Each Parent shall provide the other Parent with the name, address and phone number of any babysitter or other daycare providers that regularly watch the Children for that Parent 29. Telephone Contact: Both Parents shall be afforded reasonable telephone contact with the Children while in the other Parent's custody and for said purposes each Parent shall provide the other Parent - 2 - ~ .' .u.:I_1 .~r._ e . with his or her home phone number where the Children can be reached when in the that Parent's custody. 30. Temporaty Ahsence trom Commonwealth: If either Parent intends on removing the Children from the Commonwealth of Pennsylvania for a period in excess of forty-eight (48) hours that Parent shall provide the other Parent with the address and phone number where the Children can be reached during the period of absence. 31. Relocation: Neither Parent shall relocate with the Children from Cumberland County, Pennsylvania on a permanent basis without providing the other Parent with at least ninety (90) days advance notice thereof. Said ninety (90) day time period is designed to allow the Parents to negotiate a modification of this Stipulation, or in absence thereof, to be able to petition the Court for a modification if such modification is appropriate under the circumstances. B. PHYSICAL CnSTODY: The following shall apply regarding physical custody ofthe Children: 1. Primaty Custody: Mother shall have primary physical custody of the Children, subject to the custody schedule hereafter set forth. 2. Partial Custody: Father shall have rights of partial physical custody of the Children, subject to the custody schedule hereafter set forth. 3. Custody Schedule: The Parents rights of custody shall be in accordance with the following schedule: a. Primary Custodian's Periods: Mother shall have custody of the Children for all periods not specifically reserved for Father in herein. b. Phase-in Period: For the four weeks commencing with the first Saturday following the date of this Order, Father shall have custody of the Children during the days every Saturday and Sunday from 9:00 a.m. until 6:00 p.m. each day. c. Alternating Weekends: Commencing with the fifth (5th) Friday after the date of this order, each parent shall have custody on alternating weekends from Friday at 4:00 p.m. until Sunday at 6:00 p.m., with the first alternating weekend being Mother's custodial weekend. - 3 - =,...,..,,~" ""I ~)- . d. Mid-Week Period: Father shall have custody on Thursday evenings following his alternating weekend from 4:00 p.m. until 6:00 p.m. During the phase in period set forth in subparagraph b above, the Thursday evening shall be the Thursday following the third and fifth week following the date ofthis order. e. HolidaYR/Special DaYR: The following shall apply regarding major holidays, Mother's Day and Father's Day: 1. Custody for major holidays and special days shall be in accordance with the following schedule: HOLIDAYS TIMES EVEN ODD YEARS YEARS Easter Day 9:00 a.m. to 4:00 p.m. Mother Mother ' Segment I Easter Day 4:00 p.m. to 9:00 p.m. Father Father Segment 2 Memorial Day Friday at 4:00 p.m, to Memorial Day Father Mother Weekend Monday at 6:00 p.m. , Mother Father Independence 9:00 a.m. to 6:00 p.m. Day Observed Labor Day Friday at 4:00 p.m. until Monday at Father Mother Weekend 6:00 p.m. Trick or Treat 4:00 p.m. to 9:00 p.m. ' Shared Shared Night-Same Night for Both Parties Trick or Treat 4:00 p.m. to 9:00 p.m. Mother Father on Night-Different on her his night Night for Each night Party Thanksgiving 4:00 p.m. on the Wednesday before Mother Father Thanksgiving Day to 6:00 p.m. on Thanksgiving Day Christmas 1'1 3:00 p.m. to 9:00 p.m. on 12/24 Father Father Segment Christmas 2"d 9:00 p.m. on 12/24 to 4:00 p.m. on Mother Mother Segment 12/25 - 4 - , , ..i , ,~ n:'~ . Christmas 3" 4:00 p.m. to 9:00 p.m. on 12/25 Father Father Segment Mother's Day 9:00 a.m. to 6:00 p.m. Mother Mother Father's Day 9:00 a.m. to 6:00 p.m, Father Father 2. Special Provisions Regarding Weekend Switching: The foregoing notwithstanding, if the Memorial Day and Labor Day holiday weekend periods herein provided result in a parent having custody for more than two (2) consecutive weekends, the party entitled to the holiday weekend shall switch weekends with the other Parent so that neither Parent has custody of the Children for more than two (2) consecutive weekends. f. Summer Vacation Time: Each Parent shall be entitled to one (01) uninterrupted week of custody of the Children during the summer under and subject to the following terms and conditions: 1. ~: The summer week shall commence on Friday at 4:00 p.m. and shall end on the following Friday at 4:00 p.m. 2. Summer of 2002: Father shall not be entitled to a custodial week during the summer unless he has completed the phase in period set forth in subparagraph B.3.b. above. 3. Encompassing Regular Weekend: To the extent possible the summer week shall be scheduled to encompass the selecting Parent's regular alternating weekend. 4. Excluded Week: Father shall not schedule his summer week for the last week before , the start of the school year except upon mutual agreement of the parties. 5. Weekend Switching: If said scheduling set forth in subparagraph 3 above is not possible or practical, then the Parent selecting the custodial time period that encompasses the other Parent's regular alternating weekend shall swit~h weekends with the other Parent so that neither Parent has custody of the Children for more than two (2) consecutive weekends. 6. Advance Written Notice: Each Parent must provide the other Parent with at least - 5 - , _ _ J , '"'~ ~" thirty (30) days advance written notice of his or her intention to exercise each of these custodial weeks. 7. Conflict: Should conflict arise between the selection of said weeks the first Parent to notify the other Parent of his or her selection shall have the right to exercise custody on the weeks selected and the other Parent shall select other times for his or her weeks so as to avoid any conflicts. c. MTSCELLANROnS CnSTODY TERMS: 1. Transportation: The transportation necessary for the custodial exchanges herein set forth shall be shared by the Parents. The Parent receiving custody of the Children shall provide the transportation for that custodial exchange. 2. Precedence: The holiday schedule shall take precedence over any other custodial period set forth herein. The other miscellaneous custodial periods shall take precedence over the regular alternating weekend and midweek custodial periods set forth herein. 3. Modification: The Parents shall be at liberty to modifY the custodial periods herein provided to accommodate their respective schedules and special events, subject, nonetheless in all respects to the mutual agreement of the Parents for any such modifications. BY THE COURT: J. Distribution To: DIANE G. RADCLIFF, ESQUIRE 3448 Trindle Road Camp Hill, P A 117011 Attorney for Plaintiff Gary 1. Kelley, Esquire 132 Walnut Street Harrisburg,PA 17101 Attorney for Defendant - 6 - ~ ~ ~e: . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DANIELLE M. FINK, Plaintiff NO. 01-497 CIVIL TERM V. CIVIL ACTION - LAW IN DIVORCE/CUSTODY KEITH D. FINK, Defendant STIPULATION FOR ENTRY OF CUSTODY ORDER AND NOW This _ day of _, 2002, Plaintiff, Danielle M. Lombardi, formerly Danielle M. Fink, ("Mother") and Defendant, Keith D. Fink, ("Father") hereby stipulate and agree that the foregoing Custody Order shall be entered by the Court in the above captioned matter regarding their children, Marie Lombardi, born October 27, 1995, and Collin Fink born March 26,1999 (the "Children"). IN WITNESS WHEREOF the Parents, intending to be legally bound hereby, have set their hands and seals the day and year below written. WITNESS: (SEAL) DANIELLE M. LOMBARDI Date: (SEAL) KEITH D. FINK Date: - 7 - " ~~, ~ ~ . Danielle Marie Fink, Plaintiff : IN THE COURT OF'COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYL V ANlA : v. Keith Daniel Fink, Defendant : No. : CIVIL ACTION - LAW ~ PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: Keith Daniel Fink Defendant's Date of Birth is: February 3, 1977 Defendant's Social Security Number is: 291-'88-2375 Name(s) of All protected persons, including Plaintiff and minor children: 1. Danielle Marie Fink AND NOW, on 17th Day of January, 2001 upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: Plaintiff's request for a temporary protection order is granted. 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. 2. Except for such contact with the minor child/ren as may be permitted under paragraph 4 of this Order, Defendant is prohibited from having ANY CONTACT with Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiff's school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this order. Plaintiff's residence located at 890 Acri Road, Mechanicsburg, Pennsylvania, owned by Plaintiff's parents. Plaintiff's place of employment located at Applebees, Carlisle Pike, Mechanicsburg, Pennsylvania. ..-,. ".. -"" - ~ I ,.., .1 . 3. Except for such c~ntact with the minor child/ren as may be permitted under paragraph 4 of this Order,. Defendant shall not contact Plaintiff, or any other person protected under this Order, by telephone or by any other means including through third persons. ' 4. Pending the outcome of the final hearing in this matter, Plaintiff is awarded temporary custody of the following minor child/ren: I. Marie Rose Lombardi 2. Collin Michael Fink Until the final hearing, all contact between Defendant and the child/ren shall be limited to the following: Plaintiff shan have primary physical and legal custody of the minor children. Defendant shall have supervised visitation with the minor children at the maternal grandparents residence when the mother is at work or at other times agreed upon by the parties. . The local law enforcement agency in the jurisdiction where the child/ren are located shall ensure that the child/ren are placed in the care and control of the Plaintiff in accordance with the terms of this Order. 5. The following additional reliefis granted: The Cumberland County Sheriff's Department shall attempt to make service at Plaintiff's request aud without pre-payment of fees, but service may be accomplished under any applicable Rule of Civil Procedure. TWs Order shall be docketed in the office of the Prothonotary and forWarded to the Sheriff for service. The Prothonotary shall not send a copy of this Order to Defendant by mail. TWs Order shan remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that Defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to Plaintiff. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiff's relatiVes. 6. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: East Pennsboro and Hampden Township police. , 7. The sheriff, police or other law enforcement agencies are directed to serve the Defendant with a copy of the Petition, any Order issued, and the Order f?r Hearing without prepayment of costs. The Petitioner will.inform the deSIgnated authority of any addresses, other than the Defendant's restdence, whereDefC?Udant can be served. The Prothonotary is directed to file this Petition and Order WIthout prepayment of costs. -. ,;..,-...... .- ~- , ~~-! " I.' - .","" - :&,0_; 8. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL JULY 17, 2002 OR UNTIL OTHERWISE MODIFIED OR TERMINATED BY lHIS COURT AFTER NOTICE AND , HEARING. NOTICE TO THE DEFENDANT Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is punishable by a tine ofup to $1,000.00 and/or up to six months injaiJ. 23 Pa.C.S. ~6114. Consent of the Plaintiff to Defendant's return to the residence shall not invalidate this Order, wbich can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S. ~6113. Defendant is further notified that violation of this Order may subject himlher to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. ~92261- 2262. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintiff's residence OR any location where a violation of this order occurS OR where the defendant may be located. If defendant violates Paragraphs I through 4 of this Order, defendant shall be arrested on the charge ofIndfrect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of law enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriff's office of the county . which issued this Order, which office shall maintain possession of the weapons until further Order of this court, unless the weaponls are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. BY THE COURT: /sl-j-" J{~&~M fL- jUdge ~, .I...r-t / ,/+.. PrJo 1 { Date Distribution to: Legal Services Faxed & Mailed to PSP TRUE COpy FROM RECORD In Testimony Wllersof, , here unto set my RaRCl ~ of said COll~f1l11 ~J2L,1 ..' ~ >>'1~~ DnlthcnOl8r.y I~ , ~, "-. " .^"~ "',.:..~" '-"'^\~, Danielle Marie Fink, Plaintiff : IN THE COURT OF : COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA v. : No. 01-344 Keith Daniel Fink, Defendant : CIVIL ACTION - LAW : PROTECTION FROM ABUSE : AND CUSTODY CONTINUED TEMPORARY ORDER AND NOW, this 25th Day ofJanuary, 2001, pursuant to 23 Pa.C.S. S6107(c), the terms and conditions of the Temporary Order issued on 17th Day ofJanuary, 2001, in the above-captioned case are hereby continued in full force and effect until further order of the court. A hearing on this matter is scheduled for the March 2,2001, at 4:00PM in Courtroom 1 of the Cumberland County Courthouse, One Courthouse Square, Carlisle. BY THE COURT: /j ~tufto@.J,,- ~ / 'J. es ey ler,Jr., Ju ge Distribution To: MIDPENN LEGAL SERVICES Faxed & Mailed to PSP Gary Kelley, Attorney for Defendant ,.,,' F'::2t"" ~ O'~.i"""~"'~','" rRUE COif::) <>'''~V?lfi 'l~t.\~,~_!:~,./~ :,,::,} IF \ ,~",r t 1 '",,"".' ..,o~,,"\ ~$~>:-~d in T{O)~~tm(}filYi{iljl!_~n~\.;J,. t fV:!,.~~ ~.:'~I,~". .'r-C.""'" ~!'i.tI ~~~1~~ 'tL.!.:'~i i}~ C,,<.;td ~>;;(.~t,~~, P~3. <,)1,1'1..,. "-.'"-";.'-~--;.w . _ ~vl Th~~~.a[," ,~, ---- (' 4/~ ? -~r~-'- / Protl1oOllJUlry " , ~ ~- ,-" ,.'" ,-'c -,,-- "L- "'-,,<, . DANIELLE FINK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYL VANIA vs. : NO. 2001- CIVIL TERM KEITH EDWARD FINK, JR, Defendant : PROTECTION FROM ABUSE AND CUSTODY MOTION FOR CONTINUANCE The Plaintiff, Danielle Fink, by and through herattomey, Joan Carey of MidPenn Legal Services, moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: 1. A Temporary Protection From Abuse Order was issued by this Court on Januaryl7, 2001, scheduling a hearing for January 25,2001, at 4:00 p.m. " 2. The Cumberland County Sheriffs Department served Defendant with a certified copy of the Temporary Protection From Abuse Order and Petition for Protection From Abuse at 890 Acri Drive, Mechanicsburg, on January 18,2001, at 1:06. 3. The parties agree, by and through their respective counsel, that the hearing be rescheduled pending further Order in this matter. 4. The Plaintiff requests that the Temporary Protection From Abuse Order remain in effect for a period of eighteen months from the date it was entered or until further Order of Court, whichever comes first. .f.-- ~ .Ai 1- - , ~ , ~~- ~, " . WHEREFORE, the Plaintiff requests that the Court grant this Motion and reschedule this matter for hearing, and that the Temporary Protection From Abuse Order remain in effect for a period of eighteen months from the date it was entered or until further Order of Court, whichever comes first. c:::JS(Jed, ;:roan Carey, Attorney for <MIDPENN LEGAL S 8 Irvine Row Carlisle,PA 17013 (717) 243-9400 . , I'" 1./': FES 2 6 2aa~ /" (. ; .i\1\,J 'I'~.{ I~ .f) ~ I"", -___.....,J. tDWt{RD J. v:/E)NTR!~.118 ~': ~~ <'-""..' DANIEllE M. FINK, Plaintiff, vs. * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, PA * * No. 01-344 * * CIVIL ACTION LAW * PROTECTION FROM ABUSE AND * CUSTODY KEITH DANIEL FINK, Defendant CONTINUED TEMPORARY ORDER AND NOW, thisJ..~fh day oftcl:J ,2001, pursuant to 23 Pa. C.S. s6107(cl. the terms and conditions of the emporary Order issued on the 17th day of January, 2001, in the above-caption ase are hereby continued in full force and effect until further Order of the Court. ~, ~hearing onf/1is matter is rescheduled for rY'\o. [lI h 3d , 2001, at 3' 4.:2 -L..M. in Courtroom { of the Cumberland County Courthouse, One Courthouse Square, Carlisle. BY THE COURT: J. k: "'1', '-..;~;' ", :' '.-",'~:::, k.,~", - - 1W:i'J~_: '" If) .I " 'IJ ,. J., DANIELLE M. FINK, * IN THE COURT OF COMMON PLEAS Plaintiff, * CUMBERLAND COUNTY, PA * vs. * No. 01-344 * KEITH DANIEL FINK, * CIVIL ACTION LAW Defendant * PROTECTION FROM ABUSE AND * CUSTODY MOTION FOR CONTINUANCE The Plaintiff, Danielle M. Fink, by and through her attorney, Tonia M. Torquato, Esquire, moves the Court for a Order rescheduling the hearing in the above-captioned case on the grounds that: 1. A Temporary Protection from Abuse Order was issued by this Court on January 25, 2001, scheduling a hearing on March 2, 2001, at 4:00 p.m. 2. Counsel for the Plaintiff has only recently been retained and is scheduled for a conference in a different matter in Dauphin County on March 2, 2001. 3. Counsel for the Defendant, Gary Kelley, Esquire, has no objection to a continuance of this matter. ' 4. The Plaintiff requests that the Temporary Protection from Abuse Order remain in effect for a period of eighteen months from the date it was entered or until further Order of Court. ~........ --, . ~"" , #' r ,:1lI .. . J. WHEREFORE, the Plaintiff requests that the Court grant this Motion and reschedule this matter for hearing, and that the Temporary Protection from Abuse Order remain in effect for a period of eighteen months from the date it was entered or until further Order of Court, whichever comes first. Respectfully submitted, Dated: ('-'W-OI bluR- LLI.. Tonia M. Torqua ,Esquire WEINTRAUB & A SOCIA TES 2650 N. Third Street Harrisburg, pA 17110 (717)238-2200 ID #84406 ~..,~Ii!I!!!!!!lIi~'il'i;m;~.."",""""~~~,,i,1"l'i$i<flJ1'M~.1Jn!!i>;~'ilIii*!M'~jjlJlillil ~ ~- ' .. ) ,~~.........- ~~~'~ T~'Of--'~-~~ ,..il, """~ ", . ~?~ ........~~ ......... ~ ~ CX:I ~ ~ . ". () c s:: '"00.' nln-; Z:;:; ?i<;'~ -/,,>. r"F", ~--' ,,0 ""0 Pc Z =< '-' w '- ". ~ I W "" :E: o '"'<' :'\~ ;~~ S5?j ;.'::.:m '" -I -. 5J -< => ex> ~ .._ ~t __ --., -~ - ., "" "---'''",. -" ~- -1 i 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DANIELLE M. FINK, now by resumption of maiden name DANIELLE M. LOMBARDI, Plaintiff NO. 01-497 CIVIL TERM V. CIVIL ACTION - LAW IN DIVORCE/CUSTODY KEITH D. FINK, Defendant CUSTODY ORDER AND NOW, this .r?day 0~003, upon consideration of the within Stipulation for Entry of Custody Order executed by Danielle M. Lombardi, formerly Danielle M. Fink (hereinafter referred to as "Mother") and Keith D. Fink (hereinafter referred to as "Father")(Mother and Father are sometimes hereinafter referred to individually "Parent" and collectively "Parents") pertaining to their minor children, Marie Lombardi, born October 27, 1995, and Collin Fink born March 26, 1999 (hereinafter referred to as the "Children"), IT IS HEREBY ORDERED AND DECREED as follows: A. LEGAL CUSTODY: The Parents shall share and have joint legal custody of the Children. Each Parent shall be entitled to participate, jointly with the other Parent, in all major non-emergency decisions affecting the Children's health, education, religion and general well being. Pursuant to the foregoing the following shall apply: 1. Access to Information: Each Parent shall be entitled to access to any and all information, persons, entities and documentation regarding the same so that informed decisions can be made. 2. Non-maior Decisions: Non-major decisions involving the Children's day to day living shall be made by the Parent then having custody, but to the extent possible, the Parents shall attempt to make 1 ,~"~......... , , ] '0; _" I -.., , 1 such rules and follow such schedules as would provide the Children with continuity regardless of the then existing custodial Parent. 3. Emergency Decisions: Emergency decisions regarding the Children shall be made by the Parent then having physical custody, but that Parent shall immediately communicate to the other Parent the nature and extent of the emergency and shall provide that other Parent with all information pertaining to the treatment so that the other Parent may be involved in the decision making process at the earliest possible time. 4. Emer~encv Contact: On the Children's school records, Father shaH be designated as the second person to be contacted in the event of any emergency involving the Children. If as the result of said emergency Father is required to pick up the children, or either of them at school, he shaH deliver the Child or Children to Mother's home directly from school. 5. Copies of Documents: To the extent not reasonably available to the other parent, upon receipt by a Parent, copies ofthe Children's school schedules, special events notifications, report cards and the like shall be provided to the other Parent, unless the documents are otherwise reasonably available to the other Parent. Each Parent shall share with the other Parent any other information and documentation, or copies thereof, that each Parent possesses regarding the Children within such reasonable time as to make the records and information of reasonable use to the other Parent. 6. Notice of Activities: Each Parent shall provide the other Parent with at least 48 hours advance notice of school or other activities whenever possible if notice thereof is not reasonably available to the other Parent. 7. No Derogatory Comments: Neither Parent shall make any derogatory comments about the other Parent in the presence of the Children and to the extent possible shall prevent third parties from making any such comments in the presence of the Children. 8. No Discussion: Neither Parent shall discuss any aspect of the custodial situation with the Children and shall not utilize the Children for purposes of conveying information or inquiries pertaining to the Children to the other Parent. 9. Appointments: Each Parent shall notify the other Parent of any medical, dental, optical and psychological appointments and/or treatment for the Children sufficiently in advance thereof so that the other Parent can attend. 10. Care Providers: Until the later of Aprill, 2005, or further Order of court, Father shall not use any babysitter or other care provider to care for or watch the children during his custody periods herein provided. Rather during said custody periods Father shaH be with the children at aH times. If Father is unavailable to care for the children himself, he shaH notify Mother and provide her or her family members with the opportunity to have custody of the children 2 ...-~~ ~ , , , . ' ~Io\.n, , for the period of his unavailability. Otherwise, each Parent shall provide the other Parent with the name, address and phone number of any babysitter or other daycare providers that regularly watch the Children for that Parent 11. Telephone Contact: Both Parents shall be afforded reasonable telephone contact with the Children while in the other Parent's custody and for said purposes each Parent shall provide the other Parent with his or her home phone number where the Children can be reached when in the that Parent's custody. 12. Alcohol and Dru!!s: During any period of custody or visitation, neither party shall possess or use any controlled substance, or consume alcoholic beverages nor permit any other household members and guests or other persons to possess or use any controlled substance, or consume alcoholic beverages in the presence ofthe Children. Further both Parents are prohibited from giving the minor Children alcoholic beverages or controlled substances to use and/or consume. , ! 13. Supervision: Neither party shall leave the minor children unattended in a vehicle or public facility. Neither parent shall leave the children unsupervised. 14. Seat Belts: During periods of transportation, both Parents shall ensure that the minor Children are wearing seatbelts and properly protected. 15. Temporary Absence from Commonwealth: If either Parent intends on removing the Children from the Commonwealth of Pennsylvania for a period in excess of forty-eight (48) hours that Parent shall provide the other Parent with the address and phone number where the Children can be reached during the period of absence. 16. Relocation: Neither Parent shall relocate with the Children from Cumberland County, Pennsylvania on a permanent basis without providing the other Parent with at least ninety (90) days advance notice thereof. Said ninety (90) day time period is desigued to allow the Parents to negotiate a modification of this Stipulation, or in absence thereof, to be able to petition the Court for a modification if such modification is appropriate under the circumstances. B. PHYSICAL CUSTODY: The following shall apply regarding physical custody of the Children: 1. Primary Custodv: Mother shall have primary physical custody ofthe Children, subject to the custody schedule hereafter set forth. 2. Partial Custodv: Father shall have rights of partial physical custody of the Children, subject to the custody schedule hereafter set forth. 3 , _ d~ J ~, , -'c'-, _, ,~ >>' ,-~ , 3. Custodv Schedule: The Parents rights of custody shall be in accordance with the following schedule: a. Primarv Custodian's Periods: Mother shall have custody of the Children for all periods not specifically reserved for Father in herein. b. Phase-in Period: For the four weekends commencing with the later of January 31,2003 or the first Saturday following the date of this Order, Father shall have custody of the Children every Saturday and Sunday from 9:00 a.m. until 6:00 p.m. each day. c. Alternatine: Weekends: Commencing with the first Friday after the cornpletion of the exercise of four weekend periods of the phase-in period, each parent shall have custody on alternating weekends from Friday at 4:00 p.m. until Sunday at 6:00 p.m., with the first alternating weekend being Mother's custodial weekend. Father's alternating weekends shall not commence until he has completed the four weekend phase-in period. d. Mid-Week Period: Father shall have custody on Thursday evenings following his alternating weekend from 4:00 p.m. until 6:00 p.m. During the phase in period set forth in subparagraph b above, the Thursday evening shall be the Thursday following the third and fifth weekend period. e. Suecial Events: In the event the Children have any special events they need to attend while in Father's care, Father shall deliver custody ofthe Children to Mother sufficient in advance of that event to permit the Children's attendance at the special event. In the event there is time remaining in Father's custodial period at the end ofthe event, Father may pick up the Children from Mother and keep them for the remainder of his custodial period. It is understood that the foregoing special events shall include dance pictures on May 18, 2003 and a dance rehearsal and recital to occur during the period between June 19 and June 22, 2003. f Holidavs/Suecial Davs: The following shall apply regarding major holidays, Mother's Day and Father's Day: 1. Custody for major holidays and special days shall be in accordance with the following schedule: 4 ,.=~~ I ",' . ' -1Y'~t'>\""- , HOUDA YS TIMES EVEN ODD YEARS YEARS Easter Day 9:00 a.m. to 4:00 p.m. Mother Mother Segment 1 Easter Day 4:00 p.m. to 9:00 p.m. Father Father Segment 2 Memorial Day Friday at 4:00 p.m. to Memorial Day Father Mother Weekend Monday at 6:00 p.m. Independence Day 9:00 a.m. to 6:00 p.m. Mother Father Observed Labor Day Friday at 4:00 p.m. until Monday at Father Mother Weekend 6:00 p.m. Trick or Treat 4:00 p.m. to 9:00 p.m. Shared Shared Night-Same Night for Both Parents Trick or Treat 4:00 p.m. to 9:00 p.m. Mother Father on Night-Different on her his night Night for Each night Party Thanksgiving 4:00 p.m. on the Wednesday before Mother Father Thanksgiving Day to 6:00 p.rn. on Thanksgiving Day Christmas 1" 3:00 p.m. to 9:00 p.m. on 12/24 Father Father Segment Christmas 2nd 9:00 p.m. on 12/24 to 4:00 p.m. on Mother Mother Segment 12/25 Christmas 3 ,d 4:00 p.m. to 9:00 p.m. on 12/25 Father Father Segment Mother's Day 9:00 a.m. to 6:00 p.rn. Mother Mother Father's Day 9:00 a.m. to 6:00 p.m. Father Father 2. Special Provisions Regarding Weekend Switching: The foregoing notwithstanding, if the Memorial Day and Labor Day holiday weekend periods herein provided result in a parent having custody for more than two (2) consecutive weekends, the party 5 , IiIl<G. entitled to the holiday weekend shall switch weekends with the other Parent so that neither Parent has custody of the Children for more than two (2) consecutive weekends. g. Summer Vacation Time: Each Parent shall be entitled to two (2) uninterrupted weeks of custody of the Children during the summer under and subject to the following terms and conditions: 1. Times: Each week shall commence on Friday at 4:00 p.m. and shall end on the following Friday at 4:00 p.m. 2. Consecutive or Non-Consecutive Weeks: The weeks are to be exercised in two (2) non-consecutive one (1) week periods. 3. Summers: The foregoing custodial weeks are to be exercised during the months of June through August except as hereafter provided. Commencing on or after April 1, 2005, and in odd years only, Father shall be entitled to exercise one of his custodial weeks at any time during the year, provided that the exercise thereof does not conflict with any of Mother's custodial periods herein provided, or with the Children's school attendance. 4. Summer of2003: Father shall not be entitled to custodial weeks during the summer of 2003 unless and until he has completed the phase-in period set forth above. 5. Encompassing Regular Weekend: To the extent possible, these custodial weeks shall be scheduled to encompass the selecting Parent's regular alternating weekend. 6. Excluded Week: Father shall not schedule his weeks during the last week before the start of the school year or so as to encompass any holiday designated as Mother's holiday herein, except upon mutual agreement ofthe Parents. 7. Weekend Switching: If the scheduling of these custodial weeks to encompass the selecting Parents' alternating weekend set forth above is not possible or practical, then the Parent selecting the custodial week that encompasses the other Parent's regular alternating weekend shall switch weekends with the other Parent so that neither Parent has custody of the Children for more than two (2) consecutive weekends. The alternating weekend that the weekend of the custodial week is to be switched with shall be the weekend immediately before or after the weekend of the custodial week and shall be as selected by the other Parent. 8. Advance Written Notice: Each Parent must provide the other Parent with at least 6 . I" L l., thirty (30) days advance written notice of his or her intention to exercise each of these custodial weeks. 9. Conflict: Should conflict arise between the selection of said weeks the first Parent to notifY the other Parent of his or her selection shall have the right to exercise custody on the weeks selected and the other Parent shall select other times for his or her weeks so as to avoid any conflicts. C. MISCELLANEOUS CUSTODY TERMS: 1. Transportation: The transportation necessary for the custodial exchanges herein set forth shall be provided by Father and the exchanges shall be made at Mother's residence unless the Parents otherwise agree. 2. Precedence: The holiday schedule shall take precedence over any other custodial period set forth herein. The other miscellaneous custodial periods shall take precedence over the regular alternating weekend and midweek custodial periods set forth herein. 3. Modification: The Parents shall be at liberty to modifY the custodial periods herein provided to accommodate their respective schedules and special events, subject, nonetheless in all respects to the mutual agreement ofthe Parents for any such modifications. 1. Distribution To: DIANE G. RADCLIFF, ESQUIRE 3448 Trindle Road Camp Hill, PA 117011 Attorney for Plaintiff KEITH D. FINK 3607 North 6th Street Harrisburg, PA 17110 Defendant, Pro Se 7 ~ ^ ~,~ ~" ,,'. ,-'0.~ "'''-_~ ......-r.'rc - i ", '::-'~'~",~":i;-l~gy ;-\'-, r" -~, \ 0 ".' '. ",a i. ;1... ~ ~' "11"\1 __,_'" ,.".""- f'( \UI\,\, ,1''''',1 \lv;,":h"'" -",:\:,.) V'~ . '-'V".~:,",!^ :;:>:::Vl \/;,.NiA (C''tI\\VIL...~' ' ~'," " -~' , ,,, ",oJ;; ,.'0 ,-~. - C'_'",""" ',,'.s,,",',,- ""H["<' --r'IDH,jfi JI.[ - -l;~:-r"' ,.- >;u ,n' ,_ q".'_ C,', " ~r; ,.w~JOO",itwm:~'''il,;W![,!"'8'I'i"&'>l,~~,'~~tll,,,_,..,, __~_"~Iffl~~Il!m!t_.._p~_~_T?' ."- "" , -. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA DANIELLE M. FINK, now by resumption of maiden name DANIELLE M. LOMBARDI, Plaintiff NO. 01-497 CIVIL TERM V. CIVIL ACTION - LAW IN DIVORCE/CUSTODY KEITH D. FINK, STIPULATION FOR ENTRY OF CUSTODY ORDER AND NOW, this 31st day of January, 2003, Plaintiff, Danielle M. Lombardi, formerly Danielle M. Fink, {"Mother") and Defendant, Keith D. Fink, ("Father") hereby stipulate and agree that the foregoing Custody Order shall be entered by the Court in the above captioned matter regarding their children, Marie Lombardi, born October 27, 1995, and Collin Fink born March 26, 1999 (the "Children"). IN WITNESS WHEREOF the Parents, intending to be legally bound hereby, have set their hands and seals the day and year below written. ~ I<=r& N\ :. u. R. . m. 1-rY'V\ p 1f"JJ-(L'J.. ;." DANIELLE M. LOMBARDI Date: ,/?, II(,:J~ ~dl\)~L KEITH D. FINK Date: :.31 ~ O~ (SEAL) )y (SEAL) 8 ~:J.1ESJ'~;1&1i.~1iI;1liMJilill!=."'- - " _.,-~"".,. ..~"N._ '~n~._.m~.'"'_ ~ ,;;:.ll~i!'&!!ll!illi\';;;~d;$l<j<,;l\~",...w!~M<:-!l- ~.~~>!J ," ~~ '""., 'Jlllllli' j o ~ ::J2m ~!.+i 0~~ ~~~ ):;.~ - LC-, __f-'. p(~' Z =2 ~ ~L o w :x ;c. :0 I tIt o Tl :~Ei.Jd :.';.:QJ "~ '_,,,1 'Oe':> 7"f"1 - ;;:--n ~o ~jm ~ -< =<> :z '?? (:0 !3' {~~e "~ ' ~,,~t&;;. ~ ~ DANIELLE M. FINK, NOW BY RESUMPTION: OF MAIDEN NAME, DANIELLE M. LOMBARDI PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. 01-497 CIVIL ACTION LAW KEITH D, FINK DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, January 10, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39WestMainStreet,Mechanicsburg,PA 17055 on Monday, March 10,2003 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: Isl Dawn S. Sunday. Esq. 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~~ ~ - - ~ - -- ~-~ ...- -_.~-,-,-, -'"""-~-,,', ,-"~"'''' -,. ",.~=<,;"".~,. ~,~~_.~~'" """.,"~ ,-' OF ifT !?i]--OFrCICE /,>r\':,JTAgy 03 JMI13 Pi'l j" t::]t:; ", . .,...... C11,'1'"''-''' UJifretl''';':I,!\;:"-; ('(';j J,\IT\I P_ ' . n.. '-'.....;.))\'., tN~JSYLVAN!A l /,/303 w.t'~~~4~ j '/3 ~3 tt!7<1 ~ z dft; /'/3.tJ3 ~ ~ ') q-~ t " ~. _"'C' ,~, "" !, ~,"'" , ~~~!i'>'~!'I'1I,.mIiWi;r;,,;'''~~~_~~'!!:,!lI'[;--IF(ij~~~~ _<<~ ~"""""~~ ""'!"1' _~ -= ,-, " "-=o.11.,~ --~ -J~ "- ~, "L IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DANIELLE M. FINK, Plaintiff NO. 01-497 CIVIL TERM V. CIVIL ACTION - LAW IN DIVORCE/CUSTODY KEITH D. FINK, Defendant ACCEPTANCE OF SERVICE I, Keith D. Fink, the Defendant, hereby, and on February 6, 2001, accept service of the Complaint duly endorsed with a Notice to Plead" which Endorsed Complaint was filed in the above captioned matter on January 24, 2001. Date: 2/6/01 ~V\O/~ ~~L KEITH D. FINK '" S:~"", IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DANIELLE M. FINK, now by resumption of maiden name DANIELLE M. LOMBARDI, Plaintiff NO. 01-497 CIVIL TERM V. CIVIL ACTION - LAW IN DIVORCE KEITH D. FINK, Defendant PRAECIPE OF TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. GROUND FOR DIVORCE: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. DATE OF FILING AND MANNER OF SERVICE OF THE COMPLAINT: a. Date of filinq of Complaint: January 24, 2001 b. Manner of service of Complaint: Defendant's Acceptance of Service c. Date of Service of Complaint: February 6, 2001 3. DATE OF EXECUTION OF THE AFFIDAVIT OF CONSENT REQUIRED BY SECTION 3301 (C) OF THE DIVORCE CODE: a. Plaintiff: January 22, 2003 b. D~fendant: January 22, 2003 4. RELATED CLAIMS PENDING: No issues have been raised in this case, and there are no issues outstanding. 5. DATE WAIVER OF PROTHONOTARY: a. Plaintiff's b. Defendant's NOTICE IN SECTION 3301(C) DIVORCE WAS FILED WITH THE waiver: January 23, 2003 Waiver: January 23, 2003 LIFF, ESQUIRE indle Road ~ll, PA 17011 Supreme Court ID # 32112 Phone: (717) 737-0100 "~ -I ,__ .' '.- " . - -.:; "':\0-, DANIELLE M. FINK, NOW BY RESUMPTION OF MADIAN NAME, DANIELLE M. LOMBARDI Plaintiff MAR 1 4 7nnl W IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-497 CIVIL ACTION LAW KEITHD. FINK Defendant IN CUSTODY ORDER AND NOW, this 10TH day of March 2003 , the conciliator, being advised by plaintiff 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 today, March 10, 2003 is cancelled. FOR THE COURT, D.~A( Custody Conciliator ;;".....-.'" il'li!!iIL~~~iL"""&ljt~~!M:lii~~ilill1ii;iii1!t\~ill.jit;,'.il!l~~.4M.a~~ " -~~- '-'--~ ""'" . <, . ~ ~- ""' -~~ . iIliIiI~~' ~' -'.111 T "'""',- _(~- -J ~~ " ~" 0 C) C ' " :s~. -- ",".., --01:1, ',:::~' mc-, ,,;) ," " _!- 2~ CO C~) (fl" ==< ,~ <;2' ' ::e~ Ci ~;C" -:--~ <:\\'\ A-C' _-I '----;", :PC:: ~.. t...,.'1 ;;q "",,~\ :2. ,}1 -, ~ ~ - 'f- ~ I I " ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT ~f")aIDal4' Q{(sB6lJD CJ/fl..o t03Qfl VI-Jql uvJl See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMA TlON: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBEll.LAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's!obligor's income until further notice even if the Order/Notice is not issued by your State. $ 663.01 per month in current support $ 0.00 per month in past"due support $ 0 . 00 per month in medical support $ 0 . 00 per month for genetic test costs $ per month in other (specify) for a total of $ 663.01 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 153 .00 per weekly pay period. $ 306.00 per biweekly pay period (every two weeks). $ 331. 51 per semimonthly pay period (twice a month). $ 663.01 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's! obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #10 on pg. 2). State Commonwealth of Pennsylvania Co.lCity/Dist. of CUMBERLAND Date of Order/Notice 12/26/03 Tribunal/Case Number (See Addendum for case summary) RE: FINK, KEITH D. EmployerM'ithholder's Federal EIN Number EAST PENNSBORO AMBULANCE PO BOX 47 ENOLA PA 17025-0047 o Original Order/Notice @ Amended Order/Notice o Terminate Order/Notice Employee/Obligor's Name (last, first, MI) 291-88-2375 Employee/Obligor's Social Security Number 0829100632 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First. Mil Arrears 12 weeks or greater? 0 yes QQ no If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. ' Date of Order: JAM 02 2001t BY THE C~. ./ Service Type M OMBNo.:0970.0154 /9.4... Form EN-028 Worker ID $IATT If /\ '7 I~ ,\ ! l~-' ~Wikffi""~""'''-'''","~''',,,-.' .-"""",=,->bL",,;,,~-,-~dM;&c_"'~""'",,,l:">i!+ _,,-:,':.2'<';,-.,,"i;,-",-,~1'::'_,,,,,~,,;,~,,,_,"'-ti_,'h.",;j~\;~li;J,-~~;ml!il~~;;~~~It~",.l1li!ll~~ ;mH.ia/,!!IlI.~"--= -"'_~- ",I,,' '" ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS o If \;hecked you are required to provide a copy of this form to your employee. If your employee works in a state that is ditterent from the state that issued Ihis order, a copy must be provided to your employee even if the box is not checked. 1. We appreciate the voluntary compliance of Federally recognized Indian tribes, tribally-owned businesses, and Indian-owned businesses located on a reservation that choose to withhold in accordance with this notice. " ~ , 2. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax jevies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 3. Combining payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 4. * Ropolti"g tt,e raydate'Dm.. of Will ,I ,.:;Iding, '/ou IolUst 10pOlt tl ,0 paldateldate of "itl" ,oldil '5 ,,1,010 selodilog tl,e payl"e,,!. II ,0 payd.rteld""" oj ..ithl,oldil,g i. t1,,, dole 01, "I ,lei , amount..as "itl,hold flon, t1,e ololployee'. "age.. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments, 5. * Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #1 0 below) 6. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you, Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. WITHHOLDER'S ID: 2324645450 EMPLOYEE'S/08L1GOR'S NAME: FINK , KEITH D. EMPLOYEE'S CASE IDENTIFIER: 0829100632 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 7. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 8. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 10. * Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.c. 91673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such (1S: State, Federal, local taxes; Social Security taxes; and Medicare taxes. 11. Additional Info: 'NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE fA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Worker ID $IATT Service Type M OMB No.: 0970-0154 1-~_. ,,~, ,___ .,o~_,,~"""."_"__,,'_,~~ 'r_" '"J",,'_ ""C>,_, "-'_'.'_.. "_F"1' . "--' .,,,, ~, -,. , .~ . , #f ! / "- "- , , -~ ~- ADDENDUM Summary of Cases on Attachment Defendant/Obligor: FINK, KEITH D. PACSES Case Number 472102744 Plaintiff Name DANIELLE M. LOMBARDI Docket Attachment Amount 00911 S 2000 $ 663.01 Child(ren)'s Name(s): ~B~N,~~~~ai1~~~;o~ DOB """'/Ii"i"'i""'{'"/'{""""i(',,/{~~,~,~~y~;~ tJ;;~~:~~~~~~~~;~~~~i;;~;~~~;~i,;~;~~i,~;;;~;; identified above in any health insurance coverage available through the employee's1obiigor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB o If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's1obiigor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB El,i~~~~~~:~~~:;;;;~~:~~~~~~;~il;~~~~:i~~;;~;\"""'(;""" identified above in any health insurance coverage available through the employee's/obiigor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB d;i~~;~~;;;;,;:~~;~;~~:i;;~;;':~;~;,;~:~~;,~(;:~i' identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB o If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's1obligor's employment. PACSES Case Number Plaintiff Name ,Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB "bi;~~:~~;J:"~:'~';;::~~~i;~";~"~~;;II;~:~~il~i;:~;""",; ',', ' , ,,' identified above in any health insurance coverage available through the employee's1obiigor's employment. Service Type M OMB No.: 0970-0154 Addendum Form EN-028 Worker ID $IATT ~""",,m' '1iilr'~..tiL'.dl'1::"';;'",1,jili"H<;~~iJM\~jj;I!lI:~~:!<\lli,-m~',";iMllhlJ;jiiii>:,jJ;d1lmii!il;~rit: ,- ~ ~ 1Il",M1iiIiliii"" ~ .- 11il-~ J , lii,lUitj ~...:' .. - "" - , \ .. 0 "" C = 0 = -n U~;: or- rnf'i! <- :r:n ~EL >- :;;;e:: m,.... v'J.t:"; , :am -<:z N O? kC~ -<0 ~8 v :r=H :3: S?o .;> -- Om L_ w Z c-I =2 rJ) E' ..D """ -< m