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Home My WebLink About01-0678 FX .-~~_..~ '" ,,',,~'l-",..' -','"":,,,--," '-'",~,~"'~_'"" ,.',". :-"",.," ;"F' '"-"'~ DAVID WILLIAM HANCOTTE, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01- 1".7P CIVIL TERM MICHELE R. CARL, Defendant : CIVIL ACTION - CUSTODY ORDER OF COURT AND NOW, this day of , 2001, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before , Esq., the Conciliator, at on the day of 2001, at .M., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a temporary order. Failure to appear at the Conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. I YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO f . 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 II o~ 1 T- J , L .i~1 "-'.:... ~ ~ , ~ '_r,-',.",,-,;__, -',', , ~":;.-'-::"-'1,' DAVID WILLIAM HANCOTTE, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01- & 7 Y CIVIL TERM : CIVIL ACTION - CUSTODY v. MICHELE R. CARL, Defendant COMPLAINT FOR CUSTODY 1. Plaintiff is David William Hancotte, an adult individual whose residence is at 1150 Boot Road, Downingtown, Chester County, Pennsylvania. 2. Defendant is Michele R. Carl, an adult individual whose residence is at 29 Betty Nelson Court, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff seeks joint legal custody and partial physical custody of his child Christina Marie Cutlip, born June 18, 1995, currently residing at 29 Betty Nelson Court, Carlisle, Cumberland County, Pennsylvania. 4. The child is presently in the custody of Defendant. 5. Since the child's birth, the child has resided at the following addresses: Name Address Dates Michele R. Carll Matt Fisher 29 Betty Nelson Court Carlisle, PA 17013 July 2000f to present Michele R. Carlf Matt Fisher Super 8 Motel I January 1997 f I July 2000 Michele R. Carl Spring City June 1995f January 1997 ' 6. The relationship of the Plaintiff to the children is that of natural father. 7. The relationship of the Defendant to the children is that of natural mother. 8. The Plaintiff has not participated as a party or in any other capacity, in. other litigation concerning the custody of the child in this or any other Court. 9. Plaintiff has no information of a custody proceeding concerning the child. pending in a Court of this Commonwealth. II , .1,. -,<<,I '--"Uli~'ii <.U ' 1 1 10. The best interest and permanent welfare of the child will be served by granting the following custody schedule: Primary physical custody of the child shall be in the Defendant subject to the following periods of partial custody with the Plaintiff: i. Ev.ery other weekend from Friday at 5:00p.m. through Sunday at 7:00p.m. ii. Alternating two consecutive week periods during the months of June, July and August with the Plaintiff's first two week period beginning with the last two full weeks in June. iii. Alternating holidays from 8:00a.m. to 7:00p.m. The holidays shall be New Year's Day, Memorial Day, 4th of July, Labor Day and Thanksgiving Day, with the father having custody on Memorial Day, 2001. iv. The parties shall alternate the Christmas holiday. The Plaintiff shall have custody of the child from 12:00 Noon Christmas Eve until 3:00p.m. Christmas Day in odd numbered years and the Defendant . shall have this period in even numbered years. The Defendant shall have custody of the child from 3:00p.m. Christmas Day until 6:00p.m. December 26 in odd numbered years and the Plaintiff shall have this period in even numbered years. v. Defendant shall have physical custody from 8:00a.m. until 7:00p.m. on Mother's Day and Plaintiff shall have physical custody from 8:00a.m. until 7:00p.m. on Father's Day. vi. The party receiving custody shall provide transportation from the custodial parent's residence. vii. The exchange of custody shall occur at the custodial parent's residence, unless other arrangements are made and agreed to by both parties for an alternate place for the exchange of custody. viii. The custodial parent shall inform the non-custodial parent immediately of all medical appointments and problems pertaining to I the child. I ,: i , II ,I , -,',,- 'Ll~~ ix. Neither parent shall do or say anything that may estrange the child from the other parent, injure the opinion of the child as to the other parent or hamper the free and natural development of the child's love and respect for the other parent. x. Both parents shall have liberal and reasonable telephone contact with the child when the child is in the custody of the other parent. xi. The custodial parent shall provide copies of the child's report card and other reasonable papers affecting the child's education, medical condition, or welfare. 11. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. Not other persons are known to have or claim to have any right to custody or visitation of the child other than the parties to this action. WHEREFORE, Plaintiff requests your Honorable Court to refer this case to a Custody Conciliator to schedule a conference. Respectfully Submitted TURO LAW OFFICES , , , C;/;hl Date ?1di/!(,f{~ 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff II ,I, 1--., li~r" VERIFICA liON I verify that the statements made in the foregoing Custody Complaint are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. 1- (q - 0 ) Date i)(JR~[J&~ David Hancotte II -. . CD ..., -r"lt'\C '~'! rTH)cc,u"'_'Rv ,.:"_... ,..,:Di'-K;l,J-. 1 C n t C'LQ -:'/ PH l: , \ \J t r Lu - . ,.",Jj COUNlY C1 !;'lit'~Li-'Lr\l ~'...... I v"'PENNSYLVAi'\l A $At6.S0 S:co '-- ~.o::)- S:~j--~~ fS.s o. 0D - Pc( 4--1-';; CJL -.tL :J..:3:l7 1<::11 I07lS~ " '~ . ~ .~ ., ..~ t ! :1 I ~ I , I ,I ~ , - ~ ."',:,,, -.;;:, . ,',-" , DAVID WILLIAM HANCOTTE, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-678 CIVIL TERM MICHELE R. CARL, Defendant : CIVIL ACTION - CUSTODY AFFIDAVIT OF SERVICE I HEREBY CERTIFY THAT I served a true and correct copy of the Custody Order filed in the above captioned case upon Michele R. Carl, by certified mail, return receipt requested on February 5, 2001 addressed to: Michele R. Carl 29 Betty Nelson Court Carlisle, PA 17013 and did thereafter receive same as evidenced by the attached Post Office receipt card dated February 9, 2001. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT I, OF SERVICE ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, I UNDERSTAND THAT FALSE STATEMENTS HEREIN MADE ARE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. TURO LAW OFFICES ;)//z/ot Date Robert J. Iderig, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff II .""'-.- " ." , II '! _J ,-,,,',-0',,,-:,, \" euSTnby 0 ~ Zlt52 4761'18 us Postal Service Receipt for Certified Mail No Insurance- Coverage Provided. Do not use for International Mail See reverse n to Ii!~Fn'omPleJ~, items ,1 ,~ndlor 2 for additional selVices. mplete items 3, 4~" ,and 4b. !ti ,rint y?_ur Ilame and'address on the reverse of this form so that we can return this -ptd,_to,you. 'l'iaCh this form to the front of the mailpiece, or on the back if,space does not rmit. &'Ii, ,rite "Return Receipt Requested" on the mailpiece below the article number. ErThe -Return Receipt will show to whom the article was delivered and the date Ilellvered. 3. Mrticle Addressed to: IIMUlttt. ~ . (j}le.L 2.-1'1 B/:J}y ru~1)10 UT. CAnlstt/A4- nM3 Certified Fee Special Delivery Fee Restricted Delivery Fee m Retum Receipt Showing to Whom & Date Delivered '[ Relllm Recei~ Showing to Whom. c:( Date,&Addressee'sAddress o Q TOTAL Postage & Fees GO C") Postmark or Date E o "- en a. F~ i I I Ii f . QER: $ 5,2JO/ I also Wish to reci;live the follow~ ing services (for an extra fee): ddress Restricted Delivery 4a. Article Number l. . 4-1/.p /qb 4b. Service Type D Registered lfCertilied D Express Mail D Insured Return Receipt for Merchandise 0 COO 7. Date of Delivery 1; 'f , " j il ., " -1~. Domestic Return Receipt ~~l{ j , I J r a I J i ;t I I I - O>~F!CE .:-:--<J!" !()l;\HY "I C"(:B I") fJ!,! 2: 4r.. U I : i... d' \1 i ._ ..... CUfl:8i:HU,ND COUN1Y PENNSYLVf\NIA . ,<if '. 'iOi ' .'L' ~ , . .;"",i, .' t DA Vill WILLIAM HANCOTTE PLAINTIFF V. MICHELE R. CARL DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA 01-678 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 14th day of February, 2001, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear beforeJacqueliue M. Verney, Esq. , the conci1iat at 4th Floor, Cumberlaud Couuty Courthouse, Carlisle 'on the 7th day of March ,2001, at 8:30 a.m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR 1HE COURT, ".,,,~' By: Isl ac ueline M. Ver e Custody Conciliator J The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE TIllS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FOR1H BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~ Ol.)s.tJ/ 02 /S..t?/ OJ ~?J/ . '\; ,"~~~_,."~ "!Ilffl'ffl . ~~"- 1~~' ~- - . ~" ~~-~~-'<--' ,___, r--;c;::\(',\~~ c,; \",;".-G\, ;,'---';"n-i'l'\r.tJ " lc.---,' '___, ~ ._:; ;\"',,\._; \I' ,\ \ , 1"). r.:1 O"~ }" ,. r" 1\' ., n. . ,', ( ft h ..J U\ """ ,,.,;.r . \"\ "-"\ \~ \\\.N "', ~':-"'L , \.J..JU C\j\~\~~\~NS~G!~N\h &d. ~ /1A~;d; 4 7~ ~ ~ ~&:'- , ~~~a1~P- , i,~"~ ~,_~,~'. ""T_'f,,~~~_~''''~''5'IiI!$l*1!'<I1f!'-'f'!Gl'ifH;llmt'#-'!'''!!jiO'!ffi<~~~~~;f'l;'l1.1Hi'''''1!i!!\IWtfI~__",.""",~ d'i<l'" ,. , --d, =~.. "'-= ~- - ,~ "'i~_'"~ ..~ '" '~ " "'~~.i: MAR 0 7 200~ DAVID WILLIAM HANCOTTE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. : NO. 2001-678 CIVIL ACTION - LAW MICHELE R. CARL, Defendant : IN CUSTODY ORDER OF COURT ANDNOW,this 7~ dayof ~ ,2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, David William Hancotte, and the Mother, Michele R. Carl, shall have shared legal custody of Christina Marie Cutlip, born June 18, 1995. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. 2. The Mother shall have primary physical custody ofthe child. 3. The Father shall have the following periods of partial physical custody: A. Alternating weekends from Friday at 5:00 p.m. to Sunday at 7:00 p.m., beginning March 9, 2001. B. Alternating two consecutive week periods during the months of June, July and August, from Friday at 7:00 p.m. to Friday at 7:00 p.m. beginning the first weekend after school is out. Father understands that his two week period in August may be cut short because he shall return the child the weekend before school starts. C. Alternating holidays from 8;00 a.m. to 7:00 p.m. The holidays shall be New Year's Day, Easter, Memorial Day, Labor Day and Thanksgiving, with Father having custody on Memorial Day, 2001. 4. The parties shall alternate the Christmas holiday. Block A shall be from 12:00 Noon Christmas Eve until 3:00 p.m. Christmas Day and Block B shall be from 3:00 p.m. Christmas Day until 6:00 p.m. December 26. Father shall have Block A in odd numbered years and Mother shall have Block A in even numbered years. Father shall have Block B in even numbered years and Mother shall have Block B in odd numbered years. ,.,&<",,,","'L,,"",-~~~' ==......... ."~~,~ L"~ .L ,.j <.. .~ 5. Mother shall have custody ofthe child on Mother's Day from 8:00 a.m. to 7:00 p.m. and Father shall have custody of the child on Father's Day from 8:00 a.m. to 7:00 p.m. 6. Father agrees to provide all transportation. 7. The exchange of custody shall occur at the Mother's residence unless other arrangements are made and agreed to by both parties. 8. The custodial parent shall inform the non-custodial parent immediately of all medical appointments and problems pertaining to the child. 9. Neither parent shall do or say anything nor let anyone in the child's presence to say or do anything that may estrange the child from the other parent, injure the opinion of the child as to the other parent or hamper the free and natural development of the child's love and respect for the other parent. 10. Both parents shall have liberal and reasonable telephone contact with the child when the child is in the custody of the other parent. II. The custodial parent shall provide copies of the child's report card and other reasonable papers affecting the child's education, medical condition, or welfare. 12. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: Robert J. Mulderig, Esquire, Counsel for Father Harold S. Irwin, Esquire, Counsel for Mother J. o'Y~ ... ~""1lIi! """~ '" c . ,., > '..~ Ie" " .'= "__'_~'_o~,_ .'" ,-","_< ,""""....."""""."""',---"--.~.~', ~,,,__, ~o ""'",,,~ ,,_' ~'_i_""-<~-" --t'..' ~-Flr'E i~t X.U....Ut "I'J O~ ,I r ;)'.('ifl~nNnTARY I ",_, ,_,_".1:"".11..." o I M~R - 7 PM 3.: 26 CUM8ERlJlNO COUNlY PENNSYLVANIA , " ~ ~ ~,,,~,,.-,,,. .. ",.,_l7'!fflm!,IfRl''&i'':Ji:~~'''1'fi!l'I'f.ffiU:!~OO1iIl~I~M' "'I'~~"""'~ -:-"",=".Ili ,,~ ?,' ,,,,,",,,,,, Ci~"""I"'W; "~.....",,.,,~y.'I'~liltl'" - '" "':lI\U<C . . . DAVID WILLIAM HANCOTTE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLV ANIA V. : 2001-678 CIVIL ACTION - LAW MICHELE R. CARL, Defendant : IN CUSTODY PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: I. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Christina Marie Cutlip June 18, 1995 Mother 2. A Conciliation Conference was held in this matter on March 7,2001, with the following individuals in attendance: The Mother, Michele R. Carl, with her counsel Harold S. Irwin, III, Esquire, and the Father, David William Hancotte, with his counsel, Ron A. Turo, Esquire, for Robert 1. Mulderig, Esquire. 3. The parties agreed to entry of an Order in the form as attached. ; I .~ 3 -1 -0 ( Date acq line M. Verney, Esquire Custody Conciliator