HomeMy WebLinkAbout07-1472F ? y
1
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CHRISTOPHER PRIAR,
Plaintiff
V.
ALEXANDRA R. AUGUSTIN,
Defendant
: CIVIL ACTION AT LAW
uxl ??.
No. 0 1- /If
CUSTODY
PETITION FOR CUSTODY
AND NOW, comes Plaintiff, Christopher Priar, by and through his attorney, Sheri
D. Coover, Esquire and respectfully represents:
1. The Plaintiff is Christopher Priar who currently resides at 1055 Offs
Bridge Road, Mechanicsburg, Pennsylvania which is located in Cumberland County,
Pennsylvania.
2. The Respondent is Alexandra R. Augustin who currently resides at an
unknown address with friends in Cumberland County, Pennsylvania, but who receives
mail at 1055 Offs Bridge Road, Mechanicsburg, Pennsylvania.
3. Plaintiff seeks custody of the following children:
Name Address DOB
Gabriel Kole Priar 1055 Offs Bridge Road, Mech 3-16-04
Emily Brea Renee Priar 1055 Offs Bridge Road, Mech 3-20-06
The children were born out of wedlock.
Emily and Gabriel presently are in the custody of mother (defendant).
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During their lives (which they are both under the age of five), the children has
resided with the following persons and at the following addresses:
Name Address
Dates
Plaintiff and Defendant 1055 Offs Bridge Road, Mech
Plaintiff and Defendant 99 W. Portland Street, Apt 10 Sept 2006-present
March 2004-present
Mechanicsburg, PA
The mother of the children is Alexandra R. Augustin, defendant, who currently
resides at an unknown address in Cumberland County.
She is single.
The father of the children is Christopher Lee Priar, plaintiff, who currently resides
at 1005 Offs Bridge Road, Mechanicsburg, Pennsylvania.
He is single.
4. The relationship of plaintiff to the children is that of father. The plaintiff
currently resides by himself in the home.
5. The relationship of defendant to the child is that of mother. The person
with whom the defendant currently resides is unknown.
6. Plaintiff has not participated as a party or witness, or in another capacity,
in other litigation concerning the custody of the child in this or another court.
Plaintiff has no information of a custody proceeding concerning the children
pending in a court of this Commonwealth or any other state. 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 child.
7. The best interest and permanent welfare of the children will be served by
granting the relief requested because the children have resided with the plaintiff, their
2
father, since their birth. Plaintiff actively participates in parenting his children. Plaintiff
owns a home and can provide a healthy environment for the children. Additionally,
defendant mother has made threatening statements to the plaintiff about leaving the area
with the children. Defendant is not an American citizen, so plaintiff fears that she may
take action that would prohibit him from maintaining a relationship with the children.
8. Each parent whose parental rights to the child have not been terminated
and the person who has physical custody of the children have been named as parties to
this action.
WHEREFORE, plaintiff respectfully requests that this Court grant him custody of
the children.
S erVD. Coover, Esquire
311 N. Sixth Street
Harrisburg, PA 17110
(717) 221-9500
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CHRISTOPHER PRIAR,
Plaintiff : CIVIL ACTION AT LAW
. No.
V.
ALEXANDRA R. AUGUSTIN, : CUSTODY
Defendant
VERIFICATION
I, Christopher Priar, verify that the statements made in this Complaint are true and
correct. I understand that false statements therein are made subject to the penalties of 18
Pa.C.S. §4904 relating to unworn falsification to authorities.
-e
Date Chris pher Priar
r"")
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CHRISTOPHER PRIAR IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
07-1472 CIVIL ACTION LAW
ALEXANDRA R. AUGUSTIN
IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Wednesday, March 28, 2007 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator,
at-- 4th Floor, Cumberland County Courthouse, Carlisle on Monday, April 16, 2007 at 9:00 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT.
By: /s/ john j. Mangan, Jr., Es . Ile
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CHRISTOPHER PRIAR,
Plaintiff
V.
ALEXANDRA R. AUGUSTIN,
Defendant
CIVIL ACTION AT LAW
Case No. 07-1472
CUSTODY
REQUEST FOR CONTINUANCE
1. On March 14, 2007, Plaintiff filed a Petition for Custody with
the Cumberland County Prothonotary Office.
2. On or around April 3, 2007, Plaintiffs counsel received an
Order of Court which directed the parties and their respective counsel to
appear for a Pre-Hearing Custody Conference on Monday, April 16, 2007.
3. Plaintiff's counsel is already attached in Court on that date in
the case of Shankle v. Bell, Civil Action No. 04-1885, which is filed in the
United States District Court for the Western District of Pennsylvania. (a
copy of the notice of the arbitration hearing is hereby attached to this
Motion).
4. The judge in the case of Shankle v. Bell has directed that no
further continuances will be allowed for that case as it has previously been
continued on two occasions.
6
I f
WHEREFORE, due to the scheduling conflict, Plaintiff's counsel is
requesting that the Pre-Hearing Custody Conference be rescheduled.
y submitted,
Sri D. Coover, Esquire
Attorney ID 93285
4311 N. Sixth Street
Harrisburg, PA 17110
(717) 221-9500
(717) 221-9400 (fax)
Sheri D. Coover, Esquire Attorney for Plaintiff/Petitioner
Attorney ID 93285
44 S. Hanover Street
Carlisle, PA 17013
(717) 960-0075 (telephone)
(717) 960-0074 (facsimile)
CHRISTOPHER PRIAR,
Plaintiff
V.
ALEXANDRA R. AUGUSTIN,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,
: PENNSYLVANIA
: CASE NO. 07-1472
: CUSTODY
EMERGENCY PETITION FOR SPECIAL RELIEF PURSUANT TO PA.R.C.P.
1915.13
NOW COMES, Plaintiff/Petitioner, Christopher Priar, by and through his
attorney, Sheri D. Coover, Esquire and respectfully petitions your Honorable Court for
special relief and to revise Defendant's periods of custody to a limited, supervised basis,
if any, pending a professional assessement that indicates more time with the children is
warranted and such time at some point in the future to include perhaps unsupervised
periods and for reasons therefore states as follows:
1. Plaintiff/Petitioner (hereinafter referred to as "Father") and
Defendant/Respondent (hereinafter referred to as "Mother") attended a conciliation
hearing on August 1, 2007 in which the parties came to an agreement that Mother would
have primary physical custody of the children and Father would have partial physical
custody of the children on alternating weekends and on Tuesday and Thursday evenings.
2. The parties are the parents of the minor children, Gabrial Kole Priar (DOB
March 16, 2004) and Emily Brea Priar (DOB March 20, 2006).
3. On or around May of 2009, Mother moved into an efficiency apartment
where the children do not have a separate bedroom or room of their own.
4. While in the care of their Mother, both children are forced to sleep in a
bed with her.
5. On frequently recurring occasions, Mother has a male friend stay the night
at her apartment, in which cases the male friend also sleeps in the same bed as the two
minor children.
6. Mother is not able to properly provide care for the children and often
leaves the children unattended while she sleeps, including letting them run around outside
of her house which is on the main street of Dillsburg.
7. There is no fenced in yard at the property so the children are exposed to a
main street, a parking lot and an alley alongside the house and without proper parental
supervision are in danger of being struck by a car.
8. On or around March of 2008, Respondent was cited for leaving the
children in a car unattended of which the Petitioner only found out about recently.
9. The children are of a tender age and can not make decisions about safety
on their own.
10. On or around the end of July 2009, while in the care of Mother, Emily got
a razor from the bathroom and cut herself in the thumb with it while her mother was
sleeping.
11. After cutting herself, Emily then cut Gabrial's thumb with the razor,
which resulted in scars across the whole end of Gabrial's thumb.
12. On numerous occasions, Mother has expressed her inability to care for the
children and has left the children with others during her periods of physical custody of
the children.
13. On or around the end of June 2009, on a Monday evening following
Father's weekend of custody, Mother showed up at Father's mother's home and dropped
the children off unannounced saying that she "needed a break."
14. On another occasion, Mother offered to give Father's mother (paternal
grandmother) the child support she receives for the children if the children would stay
with grandmother during her periods of custody of the children.
15. From on or around July 6, 2009 until August 2, 2009, Mother only had the
children overnight on one occasion, because she either left the children with Father or
grandmother each night.
16. On or around early June 2009, Mother left the children alone with an
unknown woman while she worked night shift, although the custody order agreed upon
by the parties was that Father should have right of first refusal to have the children if
Mother is not available during her periods of custody.
17. In or around July of 2009, paternal grandmother enrolled the children in
the West Shore YMCA and Why-At-The-Well.
18. Mother has not allowed the children to participate in any of their extra-
curricular activities since the child were returned to her car on or around August 2, 2009
as follows:
a. Mother did not take Gabrial to YMCA on Monday, Tuesday or
Wednesday and he missed activity day on Tuesday that he enjoys.
b. Gabrial did attend the YMCA on Thursday, but that was only because he
had stayed overnight with paternal grandmother the previous evening.
C. Mother did not take Emily to Oak Wood Baptist on Monday, Tuesday or
Wednesday and she was not allowed to attend "Water Day" which Emily
greatly looks forward to each week.
d. Mother did take Emily to Oak Wood Baptist on Thursday, but Emily
arrived late.
19. Mother has not exercised her periods of physical custody of the children
on weekends for four months prior to filing of this petition as on each weekend she has
left the children in the care of paternal grandmother.
20. Mother is experiencing financial difficulties which have resulted in her
being behind on her rent and other payments.
21. Without Father's consent, on or around March 2009, Mother removed the
children from their day-care program in which they had been enrolled and placed them
into a private care area of Mechanicsburg.
22. The conditions at the private day-care were so deplorable that Gabrial
refused to go to the day-care and around May of 2009, Mother took the children out of
the day care.
23. As a result of being behind on payments, the financial institution that
financed the loan for Mother's car placed a code box into Mother's car whereby her car
would only start if Mother were up to date on her payments.
24. On or around August 3, 2009, Mother called paternal grandmother and
had her make her car payment as she was not able to start her car.
25. At the time that Mother was not able to start the car due to non-payment,
she had the children with her.
26. York County Children and Youth are currently investigating the
appropriateness of mother's home and caregiving as a result of a referral that they
received.
27. Previous to the involvement of York County Children and Youth, Mother
and Father had been able to work out arrangements to modify custody which allowed
Father to take the children to activities, including allowing Gabrial to attend football
practice.
28. After being contacted by York County Children and Youth, Mother told
Father that they would strictly go by the previous Order and that she would no longer
leave the children in his care during her periods of custody, including to allow Gabrial to
attend his football practices.
29. Mother has made untruthful statements to the children that Father is
attempting to take their Mother away from them in an attempt to alienate the children's
affections from the Father.
30. Mother has made threats to the Father that she will move to France with
the children so that the children are no longer with him.
31. It is believed and averred that Mother's abilities to raise the children has
deteriorated so much so that the children's health and welfare are in jeopardy while in
Mother's care.
32. It is believed and averred that Mother has a greater concern for herself and
her male friend over that of her children as evidenced by her allowing the friend to stay in
her home and retaliating against Father for the involvement of Children and Youth
Services in her life because she mistakingly believes that he was the one who made the
referral against her.
33. A Petition to Modify Custody is being filed simultaneously with the
instant petition.
34. It is clear to Father that Mother is doing everything possible to serve her
own interests over that of the children and in light of such, Father must take measures in
seeking the Court's intervention in Order to protect his children.
35. Awarding Father the emergency and necessary relief requested herein
pending the custody conciliation conference and professional guidance requested herein
will not jeopardize nor compromise Mother's interests provided she is truly and
genuinely well-intentioned when it comes to her children.
36. A professional assessment would be able to ascertain whether Mother is in
fact an appropriate and nurturing parent for the children.
37. Not awarding Father the relief requested herein immediately will
unequivocably jeopardize the futures of the children who are of a tender age and are not
able to properly make decisions for themselves on safety issues.
38. Your Honorable Court has the authority to grant the relief requested
herein.
39. Counsel for Mother, Suzanne Spencer Abel, Esquire has been notified and
has indicated that she does not concur in the foregoing motion.
40. To the best of undersigned counsel's knowledge, no judge had previously
been assigned to this case.
WHEREFORE, Father respectfully requests that this Honorable Court
Modify the existing August 1, 2007 Court Order;
2. Grant Father primary physical custody of the children until a
hearing can be held on the granting Mother periods of supervised
visitation with the children pending a professional assessment
which indicates that more time with the children is warranted and
such time at some point to include unsupervised periods; and
3. Grant such other relief as the Court may deem appropriate.
Y SUBMITTED,
Sh ri D. Coover, Esquire
*ftorney ID 93285
44 S. Hanover Street
Carlisle, PA 17013
Sheri D. Coover, Esquire Attorney for Plaintiff/Petitioner
Attorney ID 93285
44 S. Hanover Street
Carlisle, PA 17013
(717) 960-0075 (telephone)
(717) 960-0074 (facsimile)
CHRISTOPHER PRIAR,
Plaintiff
V
ALEXANDRA R. AUGUSTIN,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
CASE NO. 07-1472
CUSTODY
VERIFICATION
I verify that the statements made in the attached PETITION FOR EMERGENCY
RELIEF 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 unworn falsification to authorities.
C stopher Mar
7-og
Date
Sheri D. Coover, Esquire
Attorney ID 93285
44 S. Hanover Street
Attorney for Plaintiff/Petitioner
Carlisle, PA 17013
(717) 960-0075 (telephone)
(717) 960-0074 (facsimile)
CHRISTOPHER PRIAR,
Plaintiff
V
ALEXANDRA R. AUGUSTIN,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,
: PENNSYLVANIA
: CASE NO. 07-1472
: CUSTODY
CERTIFICATE OF SERVICE ,
I, Sheri D. Coover, Esquire hereby certify that on this. day of August, 2009, I
caused the foregoing EMERGENCY PETITION FOR SPECIAL RELIEF PURSUANT TO
PA. R.C.P. 1915.13 to be served upon opposing counsel via United States First class mail
addressed as follows:
Suzanne Spencer Abel, Esquire
22 East Street #6
Mt. Holly Springs, PA 17065
submitted,
he D. Coover, Esquire
Attorney ID 93285
44 S. Hanover Street
Carlisle, PA 17013
?Id
70. op Per .
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AUG 1 12009?.2i
Sheri D. Coover, Esquire Attorney for Plaintiff/Petitioner
Attorney ID 93285
44 S. Hanover Street
Carlisle, PA 17013
(717) 960-0075 (telephone)
(717) 960-0074 (facsimile)
CHRISTOPHER PRIAR, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY,
: PENNSYLVANIA
V. .
: CASE NO. 07-1472
ALEXANDRA R. AUGUSTIN, .
Defendant : CUSTODY
ORDER
AND NOW, this ll day of 2009, after review and
consideration of the foregoing PETITION FOR SPECIAL RELIEF, it is hereby
ORDERED c e un
A hearing be held on the matters addressed on the PETITION FOR SPECIAL
RELIEF on the day of 2009 at .m. in
courtroom number of the Cumberland Courthouse.
RT:
J.
Distribution List:
,Aeh"eri D. Coover, Esquire (Attorney for Plaintiff(Petitioner)
44 S,Hanover Street, Carlisle, PA 17013
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11
AUG 1p 20098
CHRISTOPHER PRIAR, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 07-1472 CIVIL ACTION LAW
ALEXANDRA AUGUSTIN, IN CUSTODY
Defendant
ORDER OF COURT
AND NOW this - 11. 1%_ day of August 2009, upon consideration of the attached Custody
Conciliation Report, it is Ordered and Directed as follows:
1. Legal Custody: The Father, Christopher Priar, and the Mother, Alexandra Augustin, shall have
shared legal custody of Gabriel Kole Priar, born 03/16/2004 and Emily Brea Renee Priar, born
03/20/2006. The parties shall have an equal right to make all major non-emergency decisions
affecting the Children's general well-being including, but not limited to, all decisions regarding
his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall
be entitled to all records and information pertaining to the Children including, but not limited
to, medical, dental, religious or school records, the residence address of the Children and of the
other parent. To the extent one parent has possession of any such records or information, that
parent shall be required to share the same, or copies thereof, with the other parent within such
reasonable time as to make the records and information of reasonable use to the other parent.
The parents shall notify and share information regarding the Children's events and extra-
curricular activities.
2. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's
physical custody as follows:
a. Father shall have physical custody of the Children every other weekend from after
day care Friday until Sunday at 6:30 pm. Father's weekends shall commence Friday
August 10, 2007.
b. Father shall have physical custody of the Children every Tuesday and Thursday
from after day care until 8:00 pm.
c. Absent mutual agreement otherwise, Father shall pick the Children up at day care
and the parties shall meet on Sunday and the 8:00 pm exchange at Dunkin'
Doughnuts on the Carlisle Pike.
d. Father shall have physical custody of the Children at such other times as the parties
may mutually agree.
3. Counseling: The parties have agreed to engage in therapeutic family counseling with a
mutually-agreed upon professional and adhere to the counselor's recommendations. The cost
of said counseling, after appropriate payment through insurance, shall be split equally between
the parties.
4. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable
basis. Said calls to the Children shall be no later than 9:00 pm.
5. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually
agreed upon. The Children's birthdays shall be splits and alternated every year. In even years,
Father shall celebrate Gabriel's and Mother shall celebrate Emily's birthdays. Both Children
shall be together for the birthdays. Odd numbered years shall be the opposite, with Mother
celebrating Gabriel's and Father celebrating Emily's birthdays. Each parent shall have physical
custody of the Children on the parents' respective birthdays from 6:00 pm until 8:00 pm.
6. Each parent shall have one week of vacation with the Children per year. The requesting parent
shall give the other parent 30 days advance notice of the requested time and this vacation week
shall supersede the regular physical custody schedule. In the event the parties schedule
conflicting vacations, the party first providing written notice shall have the choice of vacation.
Prior to departure, the parties will provide each other with information regarding the intended
vacation destination and a telephone number at which they can be reached during their
vacation. The parties may expand this vacation time by mutual agreement.
7. In the event the custodial parent should take the Children out of state, the custodial parent shall
notify the non-custodial parent within twenty-four hours of departure of the intended
destination and a telephone number at which they can be reached.
8. Neither party may say or do anything nor permit a third party to do or say anything that may
estrange the Children from the other party, or injure the opinion of the Children as to the other
party, or may hamper the free and natural development of the Children's love or affection for
the other party. To the extent possible, both parties shall not allow third parties to disparage
the other parent in the presence of the Children.
9. In the event of a medical emergency, the custodial party shall notify the other party as soon as
possible after the emergency is handled.
10. During any periods of custody or visitation, the parties shall not possess or use controlled
substances or consume/be under the influence of alcoholic beverages to the point of
intoxication. The parties shall likewise assure, to the extent possible, that other household
members and/or house guests comply with this provision.
11. Either party, or their respective counsel, may contact the assigned conciliator to schedule a
status update conference as necessary or proper.
12. This Order is entered pursuant to 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.
By the Court,
Distribution:
izanne Spencer-Abel, Esquire `
?8'heri Coover, Esquire 1
.?ohn J. Mangan, Esquire
0
HOLIDAYS AND TIMES EVEN ODD
SPECIAL DAYS YEARS YEARS
Easter Day From 6 pm the evening before the Father Mother
holiday to 6 pm the day of the
holiday
Memorial Day From 6 pm the evening before the Mother Father
holiday to 6 pm the day of the
holiday
Independence Day From 6 pm the evening before the Father Mother
holiday to6 m the day of the holiday
Labor Day From 6 pm the evening before the Mother Father
holiday to 6 pm the day of the
holiday
Thanksgiving 1St From 6 pm the evening before Father Mother
Half Thanksgiving Day to 3 pm on
Thanksgiving Da
Thanksgiving 2° From 3 pm on Thanksgiving Day to Mother Father
half 6 m the day after Thanksgiving Day
Christmas Father From noon on 12/24 until 10:30 pm Father Father
12/24 and from 3:00 pm 12/25 until
10:30 m 12/25
Christmas Mother From 10:30 pm 12/24 until 3:00 pm Mother Mother
12/25
Mother's Day From 6 pm the evening before the Mother Mother
holiday to 6 pm the day of the
holiday
Father's Day From 6 pm the evening before the Father Father
holiday to 6 pm the day of the
holiday
. 11
CHRISTOPHER PRIAR,
Plaintiff
V.
ALEXANDRA AUGUSTIN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 07-1472 CIVIL ACTION LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8(b), the undersigned Custody Conciliator submits the following report:
1. The pertinent information pertaining to the Children who are the subject of this litigation is as
follows:
Name Date of Birth Currently in the Custody of
Gabriel Kole Priar 03/16/2004 Primary Mother
Emily Brea Renee Priar 03/20/2006 Primary Mother
2. A Conciliation Conference was held with regard to this matter on August 1, 2007 with the
following individuals in attendance:
The Mother, Alexandra Augustin, with her counsel, Suzanne Spencer Abel, Esq.
The Father, Christopher Priar, with his counsel, Sheri Coover, Esq.
3. The Conciliator recommends, and the parties have agree to, an Order in the form as attached.
Date Jo , Esquire
C tody onciliator
tr
K ' S S A ~ dv it
r
CHRISTOPHER PRIAR,
Plaintiff
VS
ALEXANDRA AUGUSTIN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 07-1472 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
IN RE: PETITION FOR EMERGENCY RELIEF
ORDER OF COURT
AND NOW, this 19th day of August, 2009, after hearing,
the request for Emergency Relief is DENIED. Provided however, the
Defendant is to provide Plaintiff's counsel with a copy of the
correspondence from Children and Youth referred to on the stand
within the next 10 minutes. If counsel is not satisfied that the
letter says what the Defendant testified to, we will meet with
counsel in chambers to discuss e matter and review the letter.
By the ourt,
E war E. Gui o, J.
XSheri D. Coover, Esquire
4311 North Sixth Street
Harrisburg, PA 17110
For the Plaintiff
/Suzanne Spencer Abel, Esquire
P.O. Box 1161
Carlisle, PA 17013
For the Defendant
:mlc
,Of I
FILED-Ur=F!uE
OF THE PROTRI NARY
2009 AUG 25 AM 11: 15
ClsN4 ;:; : ) ' ' '-' U QTY
PENNSYLVANA
CHRISTOPHER PRIAR,
Plaintiff
V.
ALEXANDRA AUGUSTIN,
Defendant
Prior Judge; Edward E. Guido, J.
AUG 2 4 20096 3
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 07-1472 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW this a' day of August 2009, upon consideration of the attached Custody
Conciliation Report, it is Ordered and Directed as follows:
All prior Orders entered in this matter are hereby VACATED and replaced with this Order.
2. This Order is entered pursuant to a Custody Conci cation Conference. A Custody Hearing is
hereby scheduled on the aO4 day of , 2009 at VA) am/Pfis in Courtroom
number 3 in the Cumberland County Court of Common Pleas, Carlisle, PA 17013 at which
time testimony will be taken in regard to the physical custody for the subject Children. For
purposes of this hearing, the Father shall be deemed to be the moving party and shall proceed
initially with testimony. Counsel for each party shall file with the Court and opposing counsel
a Memorandum setting forth each party's position on custody, a list of witnesses who will be
expected to testify at the hearing and a summary of the anticipated testimony of each witness.
These Memoranda shall be filed at least five days prior to the hearing date.
3. Pursuant to the terms of 23 P.A.C.S. § 5303 (c),
is hereby court-appointed to perform an evaluation/counseling
as necessary of Father in regard to the instant custody matter. The qualified professional shall
give this Court testimony in regard to the instant custody matter once the evaluation/counseling
has been completed.
4. Leal Custody: The Father, Christopher Priar, and the Mother, Alexandra Augustin, shall have
shared legal custody of Gabriel Kole Priar, born 03/16/2004 and Emily Brea Renee Priar, born
03/20/2006. The parties shall have an equal right to make all major non-emergency decisions
affecting the Children's general well-being including, but not limited to, all decisions regarding
their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent
shall be entitled to all records and information pertaining to the Children including, but not
limited to, medical, dental, religious or school records, the residence address of the Children
and of the other parent. To the extent one parent has possession of any such records or
information, that parent shall be required to share the same, or copies thereof, with the other
parent within such reasonable time as to make the records and information of reasonable use to
the other parent. The parents shall notify and share information regarding the Children's
events and extra-curricular activities.
5. Physical Custodv: Mother shall have primary physical custody of the Child subject to Father's
physical custody as follows:
Fit PD Oli F CE
OF ME PrR-C TH NOTARY
2009 AUG 31 Ph 3: 36
<3
a. Father shall have physical custody of the Children every other weekend from after
day care on Friday 6:00 pm until Monday morning whereby Father shall take the
Children to school/day care. These locations for the exchanges shall commence
September 4, 2009. Until school starts, commencing August 21, 2009, Father shall
meet Mother at the McDonald's on Trindle Road on Friday at 6:00 pm and again
Monday morning at 8:00 am at the McDonald's on Trindle Road.
b. Father shall have physical custody of the Children every Thursday evening until
8:00 pm. While Gabriel is engaged in football and until regular day care is re-
established, Father shall pick the Children up at 6:00 pm at the McDonald's on
Trindle Road and Mother shall pick the Children up after football is over at
approximately 7:30 pm. While Gabriel is engaged in football and regular day care
is re-established, commencing 09/03/09, Father shall pick the Children up at day
care 6:00 pm and Mother shall pick the Children up after football is over at
approximately 7:30 pm. Once football season is over, Father shall pick the Children
up from day care and the parents shall meet at the McDonald's at the Bowmansdale
exit off of rte 15.
c. Father shall be able to go to his son's football practice every Tuesday and
Wednesday from 6:00 pm until 7:30 pm (Mother shall transport Gabriele to the
practice). In the event that Mother is not able to take Gabriele to practice, Mother
shall notify Father and Father is authorized to pick up Gabriele from day care and
Mother shall pick up Gabriele from practice at 7:30 pm.
d. The default location for any other exchange location shall be at the McDonald's at
the Bowmansdale exit off of rte 15.
e. Father shall have physical custody of the Children at such other times as the parties
may mutually agree.
6. The parties are specifically directed to not engage in any conflict, verbal or otherwise, or to
engage third parties in any conflict during custody exchanges.
7. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable
basis. Said calls to the Children shall be no later than 9:00 pm and the non-custodial parent
shall talk to the Children one (1) time per day.
8. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually
agreed upon. The Children's birthdays shall be splits and alternated every year. In even years,
Father shall celebrate Gabriel's and Mother shall celebrate Emily's birthdays. Both Children
shall be together for the birthdays. Odd numbered years shall be the opposite, with Mother
celebrating Gabriel's and Father celebrating Emily's birthdays. Each parent shall have physical
custody of the Children on the parents' respective birthdays from 6:00 pm until 8:00 pm.
9. Each parent shall have one week of vacation with the Children per year. The requesting parent
shall give the other parent 30 days advance notice of the requested time and this vacation week
shall supersede the regular physical custody schedule. In the event the parties schedule
conflicting vacations, the party first providing written notice shall have the choice of vacation.
Prior to departure, the parties will provide each other with information regarding the intended
vacation destination and a telephone number at which they can be reached during their
vacation. The parties may expand this vacation time by mutual agreement.
10. In the event the custodial parent should take the Children out of state, the custodial parent shall
notify the non-custodial parent within twenty-four hours of departure of the intended
destination and a telephone number at which they can be reached.
11. Neither party may say or do anything nor permit a third parry to do or say anything that may
estrange the Children from the other party, or injure the opinion of the Children as to the other
parry, or may hamper the free and natural development of the Children's love or affection for
the other party. To the extent possible, both parties shall not allow third parties to disparage
the other parent in the presence of the Children.
12. In the event of a medical emergency, the custodial party shall notify the other party as soon as
possible after the emergency is handled.
13. Right of first refusal: In the event that the custodial parent should require a care-
taker/babysitter (excluding regular day care and significant others) for the Child a period of
time in excess of two hours, the custodial party shall first offer said opportunity to the non-
custodial parent. It is specifically understood and directed that if either parent elects to utilize
this provision for care-giving to the other parent, this additional time for the other parent shall
not be held against the requesting parent for any reason.
14. During any periods of custody or visitation, the parties shall not possess or use controlled
substances or consume/be under the influence of alcoholic beverages to the point of
intoxication. The parties shall likewise assure, to the extent possible, that other household
members and/or house guests comply with this provision.
15. In the event that either party, or their respective counsel, feels that the scheduled court hearing
is not necessary or proper, they may contact the assigned conciliator directly to schedule a
conference.
16. This Order is entered pursuant to 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.
By the Court,
Dis bution:
anne Spencer-Abel, Esquire
en Coover, Esquire
,eohn J. Mangan, Esquire
y
J.
HOLIDAYS AND TIMES EVEN ODD
SPECIAL DAYS YEARS YEARS
Easter Day From 6 pm the evening before the Father Mother
holiday to 6 pm the day of the
holiday
Memorial Day From 6 pm the evening before the Mother Father
holiday to 6 pm the day of the
holiday
Independence Day From 6 pm the evening before the Father Mother
holiday to6 m the day of the holiday
Labor Day From 6 pm the evening before the Mother Father
holiday to 6 pm the day of the
holiday
Thanksgiving 1" From 6 pm the evening before Father Mother
Half Thanksgiving Day to 3 pm on
Thanksgiving Da
Thanksgiving 2n From 3 pm on Thanksgiving Day to Mother Father
half 6 m the day after Thanksgiving Day
Christmas Father From noon on 12/24 until 10:30 pm Father Father
12/24 and from 3:00 pm 12/25 until
10:30 m 12/25
Christmas Mother From 10:30 pm 12/24 until 3:00 pm Mother Mother
12/25
Mother's Day From 6 pm the evening before the Mother Mother
holiday to 6 pm the day of the
holiday
Father's Day From 6 pm the evening before the Father Father
holiday to 6 pm the day of the
holiday
CHRISTOPHER PRIAR,
Plaintiff
V.
ALEXANDRA AUGUSTIN,
Defendant
Prior Judge: Edward E. Guido, J.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 07-1472 CIVIL ACTION LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8(b), the undersigned Custody Conciliator submits the following report:
1. The pertinent information pertaining to the Children who are the subject of this litigation is as
follows:
Name Date of Birth Currently in the Custody of
Gabriel Kole Priar 03/16/2004 Primary Mother
Emily Brea Renee Priar 03/20/2006 Primary Mother
2. A Conciliation Conference was held with regard to this matter on August 1, 2007, a hearing
was held in regard to Father's petition for special relief, an Order was issued August 12, 2009
and a conciliation conference was held August 21, 2009 with the following individuals in
attendance:
The Mother, Alexandra Augustin, with her counsel, Suzanne Spencer Abel, Esq.
The Father, Christopher Priar, with his counsel, Sheri Coover, Esq.
3. Mother's position on custody is as follows: Mother is relatively fine with the status quo (with
Mother having primary custody) whereby Father has every other weekend, but requests that
Father's mid-week visits cease, as she deems it too disruptive to the Children. Mother has
concerns about Father's prior criminal matters and would like an evaluation by a professional
to opine on Father's appropriate contact with the Children. Pending the scheduled hearing,
Mother and Father have agreed to a voluntary custody schedule.
4. Father's position on custody is as follows: Father would like more time with his Children and
requests primary custody of the Children. Father requests that the Children (especially Gabriel)
be involved in extra-curricular activities. Father requests a hearing before this Honorable Court
and is prepared to comply with the requirements of 23 P.A.C.S. § 5303 (C).
5. The undersigned makes specific note that Mother and Father have severe communication/
relationship problems. Each parent feels that the other is being unreasonable and each parent
believes that they would be better able to care for the Children. There is a long history of
significant animosity between Mother and Father. At this point in time, the less the Mother and
Father are in contact with each other, the better. The undersigned is not sure if Mother and
Father realize the impact of their behaviors toward each other has on the Children. The
undersigned concern is that the on-going discord that is being perceived by the Children
between their parents may affect the Children's well-being.
6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and
entering an Order of Court regarding custody as outlined. It is the Conciliator's belief that this
would be in the Children's best interest. It is expected that the Hearing will require one day.
7. The proposed recommended Order may contain a requirement that the parties file a pre-trial
memorandum with the Judge to whom the matter has been assigned.
Date
Johri J. , E quire
Cust y C ciliator
Sheri D. Coover, Esquire Attorney for Plaintiff/Petitioner
Attorney ID 93285
44 S. Hanover Street
Carlisle, PA 17013
(717) 960-0075 (telephone)
(717) 960-0074 (facsimile)
CHRISTOPHER PRIAR,
Plaintiff
V.
ALEXANDRA R. AUGUSTIN,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,
:PENNSYLVANIA
CASE NO. 07-1472
CUSTODY
MOTION TO RESCHEDULE CUSTODY HEARING AND TO
MODIFY CUSTODY ORDER
AND NOW, comes Petitioner Christopher Priar, by and through his counsel,
Sheri D. Coover, Esquire and files the following MOTION TO RESCHEDULE
CUSTODY HEARING and in support thereof avers as follows:
1. On or around August 25, 2009, this Court issued an Order that scheduled a
custody hearing in the above-captioned case for December 2, 2009 at 9:30 a.m.
2. The Order also stated that pursuant to the terms of 23 Pa.C.S. § 5303(c ),
Thomas James was to by court-appointed to perform an evaluation/counseling as
necessary of Father in regard to the instant custody matter and was to give the Court
testimony in regard to the instant custody matter when the evaluation/counseling was
completed.
3. Despite numerous attempts, Petitioner had difficulty locating Thomas
James and scheduling the counseling and was not able to complete the evaluation as
directed by the August 25, 2009 Order.
4. Petitioner's counsel has located and made arrangements with Jane A.
Yeatter, a therapist from Triad Treatment Specialists, Incorporated who is agreeable to
perform the evaluation and make the recommendation to the court as directed by the
custody matter. (A true and correct copy of her Curriculum Vitae is attached.)
5. Ms. Yeatter has not previously treated the Petitioner and has indicated that
she would need approximately sixty days from this date to be able to complete the
evaluation/counseling and make the recommendation to the court as directed by the
August 25, 2009 custody Order.
6. Opposing counsel Suzanne Spencer Abel, Esquire has been contacted and
has indicated that she concurs with the continuance requested and with the request to
have the evaluation/counseling conducted by Jane A. Yeatter. Attorney Abel reserves the
right to question Ms. Yeatter on her qualifications and to object to her qualifications at
the time of the hearing.
WHEREFORE, Petitioner requests that this Court modify the August 25, 2009
Order to allow Jane A. Yeatter to perform the evaluation/counseling of Father and to give
the Court testimony in regard to her evaluation/counseling and that this matter be
continued for sixty days to allow Ms. Yeatter to complete her evaluation and reschedule
the custody hearing currently scheduled for December 2, 2009.
RESPECTFULLY SUBMITTED,
f tSed D. Coover, Esquire
.,Attorney ID 93285
44 S. Hanover Street
Carlisle, PA 17013
Sheri D. Coover, Esquire Attorney for Plaintiff/Petitioner
Attorney ID 93285
44 S. Hanover Street
Carlisle, PA 17013
(717) 960-0075 (telephone)
(717) 960-0074 (facsimile)
CHRISTOPHER PRIAR,
Plaintiff
V
ALEXANDRA R. AUGUSTIN,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,
: PENNSYLVANIA
: CASE NO. 07-1472
: CUSTODY
CERTIFICATE OF SERVICE
I, Sheri D. Coover, Esquire hereby certify that on this 3& day of November,
2009, 1 caused the foregoing MOTION TO CONTINUE CUSTODY HEARING AND
TO MODIFY COURT ORDER to be served upon opposing counsel via United States
First class mail addressed as follows:
Suzanne Spencer Abel, Esquire
P.O. Box 1161
Carlisle, PA 17013
Sh ri D. Coover, Esquire
A orney ID 93285
44 S. Hanover Street
Carlisle, PA 17013
AUG 2 4 2009
0
CHRISTOPHER PRIAR, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 07-1472 CIVIL ACTION LAW
ALEXANDRA AUGUSTIN, IN CUSTODY
Defendant
Prior Judge; Edward E. Guido, J.
ORDER OF COURT
•
•
AND NOW this day of August 2009, upon consideration of the attached Custody
Conciliation Report, it is Ordered and Directed as follows:
1. All prior Orders entered in this matter are hereby VACATED and replaced with this Order.
2. This Order is entered pursuanj to a Cust dy Co ciliation Conference. A Custody Hearing is
hereby scheduled on the day of 2009 atQ.,3G j;n in Courtroom
number 3 in the Cumberland County Court of Common Pleas, Carlisle, PA 17013 at which
time testimony will be taken in regard to the physical custody for the subject Children. For
purposes of this hearing, the Father shall be deemed to be the moving party and shall proceed
initially with testimony. Counsel for each party shall file with the Court and opposing counsel
a Memorandum setting forth each party's position on custody, a list of witnesses who will be
expected to testify at the hearing and a summary of the anticipated testimony of each witness.
These Memoranda shall be filed at least five days prior to the hearing date.
?momoz Samez
3. Pursuant to the terms of 23 P.A.C.S. § 5303 (c),
is hereby court-appointed to perform an evaluation/counseling
as necessary of Father in regard to the instant custody matter. The qualified professional shall
give this Court testimony in regard to the instant custody matter once the evaluation/counseling
has been completed.
4. Legal Custody: The Father, Christopher Priar, and the Mother, Alexandra Augustin, shall have
shared legal custody of Gabriel Kole Priar, born 03/16/2004 and Emily Brea Renee Priar, born
03/20/2006. The parties shall have an equal right to make all major non-emergency decisions
affecting the Children's general well-being including, but not limited to, all decisions regarding
their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent
shall be entitled to all records and information pertaining to the Children including, but not
limited to, medical, dental, religious or school records, the residence address of the Children
and of the other parent. To the extent one parent has possession of any such records or
information, that parent shall be required to share the same, or copies thereof, with the other
parent within such reasonable time as to make the records and information of reasonable use to
the other parent. The parents shall notify and share information regarding the Children's
events and extra-curricular activities.
5. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's
physical custody as follows:
• a. Father shall have physical custody of the Children every other weekend from after
day care on Friday 6:00 pm until Monday morning whereby Father shall take the
Children to school/day care. These locations for the exchanges shall commence
September 4, 2009. Until school starts, commencing August 21, 2009, Father shall
meet Mother at the McDonald's on Trindle Road on Friday at 6:00 pm and again
Monday morning at 8:00 am at the McDonald's on Trindle Road.
b. Father shall have physical custody of the Children every Thursday evening until
8:00 pm. While Gabriel is engaged in football and until regular day care is re-
established, Father shall pick the Children up at 6:00 pm at the McDonald's on
Trindle Road and Mother shall pick the Children up after football is over at
approximately 7:30 pm. While Gabriel is engaged in football and regular day care
is re-established, commencing 09/03/09, Father shall pick the Children up at day
care 6:00 pm and Mother shall pick the Children up after football is over at
approximately 7:30 pm. Once football season is over, Father shall pick the Children
up from day care and the parents shall meet at the McDonald's at the Bowmansdale
exit off of rte 15.
c. Father shall be able to go to his son's football practice every Tuesday and
Wednesday from 6:00 pm until 7:30 pm (Mother shall transport Gabriele to the
practice). In the event that Mother is not able to take Gabriele to practice, Mother
shall notify Father and Father is authorized to pick up Gabriele from day care and
Mother shall pick up Gabriele from practice at 7:30 pm.
d. The default location for any other exchange location shall be at the McDonald's at
• the Bowmansdale exit off of rte 15.
e. Father shall have physical custody of the Children at such other times as the parries
may mutually agree.
6. The parties are specifically directed to not engage in any conflict, verbal or otherwise, or to
engage third parties in any conflict during custody exchanges.
7. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable
basis. Said calls to the Children shall be no later than 9:00 pm and the non-custodial parent
shall talk to the Children one (1) time per day.
8. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually
agreed upon. The Children's birthdays shall be splits and alternated every year. In even years,
Father shall celebrate Gabriel's and Mother shall celebrate Emily's birthdays. Both Children
shall be together for the birthdays. Odd numbered years shall be the opposite, with Mother
celebrating Gabriel's and Father celebrating Emily's birthdays. Each parent shall have physical
custody of the Children on the parents' respective birthdays from 6:00 pm until 8:00 pm.
9. Each parent shall have one week of vacation with the Children per year. The requesting parent
shall give the other parent 30 days advance notice of the requested time and this vacation week
shall supersede the regular physical custody schedule. In the event the parties schedule
conflicting vacations, the party first providing written notice shall have the choice of vacation.
• Prior to departure, the parties will provide each other with information regarding the intended
vacation destination and a telephone number at which they can be reached during their
vacation. The parties may expand this vacation time by mutual agreement.
10. In the event the custodial parent should take the Children out of state, the custodial parent shall
• notify the non-custodial parent within twenty-four hours of departure of the intended
destination and a telephone number at which they can be reached.
11. Neither party may say or do anything nor permit a third party to do or say anything that may
estrange the Children from the other party, or injure the opinion of the Children as to the other
parry, or may hamper the free and natural development of the Children's love or affection for
the other party. To the extent possible, both parties shall not allow third parties to disparage
the other parent in the presence of the Children.
12. In the event of a medical emergency, the custodial party shall notify the other party as soon as
possible after the emergency is handled.
13. Right of first refusal: In the event that the custodial parent should require a care-
taker/babysitter (excluding regular day care and significant others) for the Child a period of
time in excess of two hours, the custodial party shall first offer said opportunity to the non-
custodial parent. It is specifically understood and directed that if either parent elects to utilize
this provision for care-giving to the other parent, this additional time for the other parent shall
not be held against the requesting parent for any reason.
14. During any periods of custody or visitation, the parties shall not possess or use controlled
substances or consume/be under the influence of alcoholic beverages to the point of
intoxication. The parties shall likewise assure, to the extent possible, that other household
• members and/or house guests comply with this provision.
15. In the event that either party, or their respective counsel, feels that the scheduled court hearing
is not necessary or proper, they may contact the assigned conciliator directly to schedule a
conference.
16. This Order is entered pursuant to 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.
By the Court,
1S
J.
Distribution:
Suzanne Spencer-Abel, Esquire
Sheri Coover, Esquire
John J. Mangan, Esquire
RR A
' C.,C)P FROM r , 11'"W,?)a''
"ai J :? ! tiff/ ,1`' oyn at Ga Pa
W:
P9GE2
eno'-r
RESUME
Jane A. Yeatber
EDUCA T/ON
Licensed Professional Counselor PA State Board of Social Workers, Marriage & Family
Therapists, and Professional Counselors - Issued 06/05106
Cad Sex Offender Treatment Provider - Board of Psychology, Number 0812000045,
Commonwealth of Virginia - Issued 7/03/98
M. S. Clinical PswAwloav, 1995. Millersville University, Millersville, PA. 4.0 GPA
M.H.S. Mssters 9f Human Services, 1980. Lincoln-Eagleville Master's Program, Lincoln
University, Lincoln University, PA 19352. 3.77 GPA
B. A. Sociolom, Cordfirals in Social Work, 1974. Elizabethtown
College, Elizabethtown, PA 17022. Graduated Cum Laude.
PROFESSIONAL ASSOCIATION
Association for the Treatment of Sexual Abusers, Clinical Member, since 01/09/99
EMPLOYMENT
Sex Offenders Assessment Board
Pennsylvania Board of Probation and Parole
1101 South Front Street, Suite 5700, Harrisburg, PA 17104
Member - appointed to four-year commitment by Govemor Schweiker on 12/01,
reappointed by Governor Rendell on 02/08/
Triad Treatment Specialists, Inc.
3644 North Progress Avenue, Suite 110, Harrisburg, PA 17110
Thera :t - 06/01/06 to present
The Counseling Center
[Atkinson College, Carlisle, PA 17013
-11 /30/06 to present (part-time)
Center for Juvenile Justice Training and Research
Juvenile Court Judges' Commission, 1871 Old Main Drive, Shippensburg, PA 17257
Trainer - from March 2007 to Present (as needed)
PA Child W*ftr+e Training Program
University of Pittsburgh School of Social Work
403 East Winding Hill Road, Mechanicsburg, PA 17055
Consuftent and Try, -10/06/08 to Present (as needed)
2001-08-18 03:41 TRIAD TREATMENT 7179017383 Page 2
PAGE3
Community Behavioral Healthcare Network of PA (CBHNP)
5425 Jonestown Road, Harrisburg, PA 17112
Member Services Specialist - (Temporary position) - 03/13/06 to 06/28/06
TnessierCare/Diakon Lutheran Social Ministries
960 Century Drive, Mechanicsburg, PA 17055
Program Director for Eosber Carty A Soscialbsd In-home TnNd ent Pronrama -11/03 to 6/05
Responsible for the clinical services and program direction provided to youth and
families in treatment foster care, intensive in-home program for juvenile sex offenders
(opened 4/99), and specialized out-patient services (for children and adolescents who
sexually act out and/or offend)
Employ and supervise part-time counselors (individual, group and family),
casemanagers, and clinical supervisory staff
Provide direct services, including group and individual therapy (since 1988),
assessments for juvenile sex offenders (since 1998) and assessments for adult sex
offenders (since 7001)
Facilitate Treatment Plan meetings, and develop and write treatment plans
Responsible for budgeting and administration of programs
Dimctar for Clinical Services li -1/98 to 11/03 (Title Update)
Assisont Director - for Clinical ServjcAs - 7/90 to 1198
Casernanaasment _ maialist - 12/86 to 7/90
Cassmanaasc -11/82 to 12/86
Contract Counselor - Gawp and Individual - 9/81 to 11 /82
Dauphin County Children and Youth Services
25 South Front Street, Harrisburg, PA 17101
Trainer - Independent Livig Skills Group - 6188 to 6/99
(Yearly January through September)
Guidance Associates of Pennsylvania
412 Erford Road, Camp Hill, PA 17111
Cmnatior - Indi,riduai S Group - (For sexuality and sex offending at Loysville Youth
Development Center) - 4/84 to 5/87
State Correctional Institution at Camp Hill
Camp Hill, PA 17011
Volunteer Group Co -Therapist (for pedophiles) - 4/85 -10/87
Dauphin County Commission on Drugs and Alcohol
Harrisburg, PA 17101
Drug and AW41 Community Prevention Specialist - 9/81 to 11/82
Girls Club of Harrisburg, Inc.
Harrisburg, PA 17104
Teen Prouram Dirr - 6176 to 9/81
Ascent Executive Director - 9179 to 3/81
Interim Director - 9/80 to 3/81
Training record S references upon request
2001-08-18 03:42 TRIAD TREATMENT 7179017383 Page 3
TRIAD TREATMENT SPEC 7179017383
Professional Workshops, Training, and Conferences
Attended
Jane A. Yeatker, MHS, MS, CSOTP, LPC
PArE4
Date Training/Seminar Sponsoring Organization Houn
and/or Trainer
10/22/09 Ethical Issues in Sex Offender Treatment Diane Domhach, SOAB 2
Clinical Director
09/30/09- Association for the Treatment of Sexual Abusers Various presenters 20
10/03/09 (ATSA) 28'h Annual Conference - Dallas, TX
08/28/09 The Static-2002 SOAB - R Karl Hanson, 6
PhD, C Psych
08/27/09 The Reports We Write: what Do "lacy Say To Others? SUAB Bruce Mapes, Phl), 2
Diane Dombach, Clinical
Director
03/05/09 STA'l'lC 2002, Ethical Issue Surrounding the Use of a Diane Dombach, SOAK 2
New Assessment 'T'ool Clinical Director
01/30/09 Understanding Female Sexual OtTendcrs (attended SUAB - Franca C'ortoni, 4
morning session) Phi), C.Psych.
01/29/09 SVP Ethical issues: Informed Consent, Dual Roles, SOAB - Diane Dombach 2
and Do No Harm and Bruce Mapes, PhD
11/06/08 Recent Ethical Cases: Ethical Practice and Issues SOAR - Diane Dombach 2
11/06/08 PCL-R: Review of research, Clinical Use, and Case SOAR - Shoba Sreenivasan, 6
Application PhD
10/22/08- Association for the Treatment of Sexual Abusers nffimlmwv?
Various Presenters 20
10/25/08 (ATSA) 27th Annual Conference - Atlanta, GA
08/22/08 Scoring and Use of the Static-99 SUAB - Amy Phenix, PhD 6
2001-08-18 03:43 TRIAD TREATMENT 7179017383 Page 4
08/21/08 Recent SOAR Cases: Ethical Practice and Issues SOAR - Diane Dombach 2
and Bridget Mickere, SOAR
staff
01111 /08 Polygraph and Pornography: An Examination of SOAR - Anna Salter, PhD 6
Ethical Issues Surrounding Best Practice Treatment of
Sex Olknders
01 / 10/08 Recent SUAB Cases: Ethical Review Issues SOAK - Diane Dombach 2
10/31/07- Association for the 't'reatment of Sexual Abusers Various Presenters 20
11/04/07 (ATSA) 26th Annual Conference - San Diego, CA
10/26/07 A Day with Anthony Beech: Process Issues in Sex SOAB - Anthony Beech, 6
Offender Therapy RSc, DPhil, FBPsS
10/25/07 Ethical Issues of Using the Polygraph in Sex Offender SOAR - Ray Solt 2
Treatment
06/28/07- The Dynamic Supervision of Sexual Offenders SOAR - Pamela Yates, PhD, 12.5
06/29/07 RD Psych
05/18/07 New Developments in Adult Sex Ole-&r Assessment SUAB - Michael C. Scto, 6
and Management PhD
05/17/07 Recent SOAB Cases: Ethical Issues Review SOAR - Diane L. Dom h, 2
MA
03/23/07 Suggested changes in Treatment of Adolescent Sexual SOAR - David L. Burton, 5.5
Abusers Based on Current Research MSW, PhD
03/22/07 Recent SOAR Cases: Ethical Issues Review SOAR - Diane L. Dombaeh, 2
SOAR Clinical Director
12/01/06 The Megan's Law Question: From Ditferential SOAR - Dennis Doren, PhD 5.5
Diagnosis through Scales, Tools, and 't'ests
11/30/06 Treating Sexually Violent Predators in PA: Ethical SOAR- Diane Dombach 2
Dilemmas in the Establishment of 't'reatment Standards
and Program Review
10/10/06 A Collaborative Approach to Stop Youthful Sexual Joann Schladalc, MS, LMFT 6
Harm Children's [tome of Reading
Sex-olfcnsc-specific related training Page 2 of 8
For Jane A. Yeatter, MHS, MS, CSOTP, L PC
2001-08-18 03:43 TRIAD TREATMENT 7179017383 Page 5
PACES
06/02/06 The Self-Regulation Model of the Offense and Rclapsc SOAR Pamela M. Yates, 5.5
Process BA (lions), MA, PhD, RD
Psych
01/24/05 Comprehensive Sex Offender Treatment SOAR - Dr. Anna .'alter 5.5
01/23/06* Sex Offender Assessments: Ethical Issues SOAR - Diane Dombach 2
01 /20/06 Understanding & Treating the Precarious Nature of SOAR - Jan Hindman, MS, 5.25
Children's Sexual Health LPC
01/19/06 Board Member Practice in Relationship to the SOAR - Diane Dombac:h 3
Governor's Code of Conduct: A Matter of* Ethics
11/06/05- Association for the Treatment of Sexual Abusers Various presenters & trainers 20
11/09/05* (ATSA) 23rd Annual Conference - Salt Lake City, UT
10/20/05- Child Predator Summit Attorney General's Office 8.5
10/21/05*
10/05/05 Scoring and Use of the Static-99 Instructor Course Department OI*C'orrections - 7
Amy Phenix, PhD
09/23/05 The Deadly Dilemma - Our American Society, Are SOAB - Jan IIindman, MS, 5.5
We Raising A Generation of Sexual Thieves? LPC
09/22/05 Ethical lmues in the Assessment of Sex Offenders SOAK - Diane Dombach 2
06/17/05 Risk Assessment of Sexual Offenders - Hot Topics SOAR - Dennis M. Doren, 6.5
PhD
05/13/05 Motivational Interviewing of Sexual Offenders SOAR - Robert McGrath 5.5
05/12/05 Children and Adolescents who Molest Children Juvenile Court Judges 5.5
Commission - Bill Crew
05103105 The Batterer as Parent: Evaluating Parenting Skills Advances Program, York 6.5
after Domestic Violence Lundy Bancroft
Sex-offense-specific related training Page 3 of 8
For Jane A. Yeatter, MI IS, MS, CSOTP, LPC
2001-08-18 03:44 TRIAD TREATMENT 7179017383 Page 6
P(?GE7
0904/05 The FRASOR: An Empirically Guided Risk SOAR - James Worling, 6
1 Assessment Tot)] to Estimate the Risk of Adolescent PhD
Sexual Offense Recidivism
01/21/05 Hare Psychopathy Checklist-Rcvised: Implications for SUAB - Adellc Forth, PhD 6
Risk Assessment
01/20/05 The Ethical Pursuit of Assessment and Treatment SOAR - Diane Dombach
2
L
11/19/04 Sex Offenders Online SOAB - David Delmonico & 6
F.li7abeth Griffin
11/18/04* Act 21 Issues SOAR staff 2
10/27/04 -- Association for the Treatment of Sexual Abusers Various presenters & trainers 20
10/30/04* (XI'SA) 23rd Annual Conference - Albuquerque, NM
10/07/04 Adolescent Sex Oll'ender Treatment with Anna Salter, Children's Home of Reading 6
PhD
09/2:3/04 Megan's Law & Act 21 of 2003 - SOAK Assessment SOAR - Staff
Protocol : n
08/04/04-.
Breaking the Victim/Victimi7er Cycle XVTT
SAPFN - Sexual Abuse .
4
08
/06/06
Prevention & Education
Network
05/12/04- Community Management of Juveniles who have CSOM for JCJC Center for 9
05/13/04 Committed Sex Offenses JJ Training & Research
01/16/04* Review of Assessment Protocol for Act 21, 2003 SUAB - Staff 5.5
11/21/03* Adolescent Sex Offender Strategies SOAK- Robert A. Prentky, 5.5
PhI)
11/20/03* PA Sex Offender Civil Commitment Law SOAB - Diane Dumbach, 2
MA
10/08/03 - Association for the Treatment of Sexual Abusers ATSA - various presenters 20
10/11/03* (ATSA) 22nd Annual Conference - St. Louis, MO
Sex-oftcnsc-specific related training Page 4 of 8
For Jane A. Yeatter, MHS, MS, CSO71'P, T.PC
2001-08-18 03:45 TRIAD TREATMENT 7179017383 Page 7
PACES
09/05/03* Using Research to Improve Sexual Wender Risk SOAB - Carl Hamm, PhD, 5.5
Assessments C Psych 1 :
09/04/03
Juvenile Assessments
SORB - Diane Dombaeh -
2
06/27/03 New Research of Offense Paths for Male, Female, and SOAB - Anna Salter, PhD 5.5
Adolescent Sex Offenders
06/26/03* Expert Witness Testimony SORB - DA Ellen West 3
03/28/0:1 Structured Risk Assessment SOAB - Dr. David Thornton 5.5
03/14/03 Assessment of Adolescents Who Commit Sexual Eden Forensic Institute 6
Offenses James Worling, PhD
01/24/03 Trends in Sex Offender Treatment and Management SOAB •- Dr. Richard Laws 5.5
11/15/02 Building an Assessment SOAR - Bruce Mapes, PhD, 5.5
Diane Dombach, & Bridget
Mickere
10/02/02 - Association for the Treatment of Sexual Abusers Various presenters & trainers 20
10/05/02* (ATSA) 215` Annual Conference - Montreal, Canada
09/20/02 Tn the Shadows of the Net: Assessing and "Treating SOA13 - David Delmonico, 5.5
1 Cybersex PhD & F.li7abeth Griffin,
MA, I,MFT
09105/02 & Sex Offense: Treatment, Assessment, Evaluation & Family Service of York & 12.5
09/06/02 Sale Management of Adolescents & Adults York County - Dr. Anna
Salter
06/28/02 Expert Witness Testimony in Sex Offender Risk SORB - Dr. Susan 5.5
Assessment Cases & Ethical Considerations in Expert Sachsenmaier
Witness Testimony in Sex Offender Risk Assessments
02/12/02 Cray and Lesbian Issues Family Care for Children & 5
Youth, Inc. - Vanessa White
02/08/02 PCL-R & Sex 011cnder Assessment SOAB - Bridget Mic:kere, 6
MA
Sex-offense-specific related training Page 5 of 8
For Jane A. Yeatter, MHS, MS, CSOTP, LPC
2001-08-18 03:45 TRIAD TREATMENT 7179017383 Page 8
PgOE9
11/10/01 Abel Assessment Site Meeting Gene Abel, MD, and staff 2
11/07/61 Association of the Treatment of Sexual Abusers Patrick Carnes, Ph[) & 20
11/10/01 (ATSA) 20`h Annual Conference, San Antonio Various presenters & trainers
08/02/01- Sex Offense: Treatment, Assessment, Evaluation & Family Services of York 5.5
08/03/01 Safe Management of Children, Adolescents & Adults Various presenters
06/08/01 Fxpert Witness Testimony SOAB - Stanley Brodsky, 7
Phi)
06/22/01- Advanced Training on the Abel Assessment./br sexual Gene Abel, MD, and staff 10
06/23/01 interest Atlanta, GA
11/04/00 Abel Assessment Site Meeting Gcne Abel, MD, and staff 2
11/01/00- Association of the Treatment of Sexual Abusers Various presenters & trainers 20
11/04/00 (ATSA) 19`h Annual Conference, San Diego. CA
08/24/0 0 - Sex Offiense: Treatment, Assessment, Evaluation & Family Services of YtA 12
08/25/00 Safe Management of Children, Adolescents & Adults Gene Abel, MD, & Various
resenters
01/14/00 Interviewing & Evaluating Sex Offenders SOAR -Anna Salter, PhD 6.5
04/25/99 Abel Assessment Site Meeting Gene Abel, MD, and staff 2
04/21 /99 - Association of the 't'reatment of Sexual Abusers Various presenters & trainers 20
04/25/99'" (ATSA) 18`h Annual Conference, Orlando, FL
01/08/99- Assessing Psychopathy: Clinical & Forensic Sinclair Seminars 9
01/09/99 Applications of the I Tare Psychopathy checklist - Robert Hare, PhD & Adele
Devised (PCT. R), including instruction in the proper Forth, PhD,
administration of the PCL-D
12/04/98- Abel As. sment fir sexual interest (licensing training Gene Abel, MD 16
12/05/98 for purchase and use of the testing & equipment) Atlanta
10/19/98 Children Who Act Out Sexually T.W. Poncssa 2.2
Sex-offense-specific related training Page 6 of 8
For Jane A. Yeatter, MHS, MS, CSOTP, LPC
2001-08-18 03:46 TRIAD TREATMENT 7179017383 Page 9
7179017383
PPGE 10
09/26/98* Predicting Sex Offender Re-offense Sinclair Seminars 6
R. Karl Hansen, PhD
06/05/98* Sexism and Divcrsity'I'raining William Proudman 5
10/30/97- Sex Offender Evaluation and Treatment Training Lloyd Sinclair, MSSW, 60
02/20/98 Program ACSW for Commonwealth
of VA certification
09/19/97* Sex Addictions 101 Patrick Carnes, PhD 8
10/30/95 Treatment of the Sex Ahu,e Victim & Perpetrator Chloe Madancs, Licensed 5.5
Psychologist
10/13/95 1lealing the Incest Wound: Treatment Strategics & the Christine Courtois, PhD 6.25
Delayed Memory Controversy
14/14/94 Using the DSM-lV with Children and Adolescents VA Polytechnic Institute & 6
State University
10/11/91 Male Sexual Assault Mike Lew &Thorn I larrigan 7
10/15/900 Courage to I leal Ellen Bass 7
040-6/90- Victims of Sexual Abuse & Assault - Sexual Offenders Dr. William Prendergost 12
04/27/90 Seminar
11/01/89- Education & Treatment of Children & Adolescents Drs. Su a me Sgroi & 17.5
11/03/89 Who Have Been Sexually Abused Jamshid Marvasti
04/28/89* The Intervention, Treatment & Protection of Sexually Chester County Youth 8
Victimized Children Services staff
02/03/89 Therapeutic Interventions with Male Victims of Incest Ralph Battinieri 5
and Sexual Abuse
09/16/87* Therapeutic Interventions in Child Sexual Abuse Linda Canfield Blick 7.5
Sex-offense-specific; related training Page 7 of 8
For Jane A. Yeatter, MHS, MS, CSOTP, LPC
2001-06-18 03:46 TRIAD TREATMENT 7179017383 Page 10
71790173
Pf?GE1 I
04/17/86- The Adolescent Sexual Offender Peter Loss, ACWS & 16
04/18/86 Johathan Ross, MA
03/14/85 Helping Adults Who Were Sexually Abused as Christine Courtois, PhD 6
Children
10/09/85" Child Sexual Abuse Louise Armstrong 6
0511,5/85- Sex Offenders Caroline Russell, Center of 20
05/17/85 Juvenile Justice '!'raining
04/16/95 Assessment & Treatment of Sexual 0111rnders Health & Education Council 7.5
04/15/85 Techniques for the Treatment of Adolescent Victims of Health & Education Council 7.5
Incest & Sexual Abuse
03/02/84 Adolescent Sexual Offender Institute Against Social 8
Violence
06/23/83- Adolescent Sexual 511'ender Center of Juvenile Justice 12
06/24/83 Training
*llenotes availability of training materials, but no certificate
Note: additional documentation available for other training related to counseling skill
development, substance abuse, working with adolescents, addressing other specific
behavioral and mental health issues, etc.
Scx-offense-speci lie related training Page 8 of 8
For Jane A. Yeatter, MHS, MS, CSOTP, LPC
2001-08-18 03:47 TRIAD TREATMENT 7179017383 Page 11
FILE D- -C'l-T'
c r
G- [ ?i i Jl1 i iy 11;A.{
2009 NOV 3G F' i 12: 24!
CL r; v ;.uiJY
t
L V,"
NOY 3 0 2009
Sheri D. Coover, Esquire Attorney for Plaintiff/Petitioner
Attorney ID 93285
44 S. Hanover Street
Carlisle, PA 17013
(717) 960-0075 (telephone)
(717) 960-0074 (facsimile)
CHRISTOPHER PRIAR,
Plaintiff
V.
ALEXANDRA R. AUGUSTIN,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,
: PENNSYLVANIA
CASE NO. 07-1472
: CUSTODY
ORDER
AND NOW, this t day of 009, after review and
consideration of the foregoing MOTION TO CONTINUE CUSTODY HEARING AND
TO MODIFY CUSTODY ORDER, it is hereby ORDERED that the Motion is
GRANTED and the August 25, 2009 Custody Order is modified to direct that Jane A.
Yeatter perform the evaluation/counseling pursuant to 23 Pa.C.S. § 5303( c) and that she
be directed to give the Court testimony in regard to the instant custody matter once the
evaluation/counseling has been completed and that the hearing currently scheduled for
December 2, 2009, is rescheduled for the jl day of , 2010 at
` 7c) a.m. in courtroom number of th
?Iand County Courthouse
J.
Distribution list:
Sheri D. Coover, Esquire (Attorney for Petitioner)
44 S. Hanover Street, Carlisle, PA 17013
?Sanne Spencer Abel, Esquire (Attorney for Respondent)
P.O. Box 1161, Carlisle, PA 17013
?p 11s' rn-%t gl?L
a
FILLD -?', ; a?
j' r^ (1vi??l?t 71
2999 DEC - 4 PPS 3: D I
i . i. Cell
CHRISTOPHER PRIAR,
Plaintiff
VS.
ALEXANDRA R. AUGUSTIN,
Defendant
To: Prothonotary of Cumberland County
C N
E _
1
COURT OF COMMON PLEAS
,
CUMBERLAND COUNTY, PF.NNSYLVANtt
CJ
DOCKETNO.: 07-1472
ern
C, co
CIVIL ACTION - LAW
IN CUSTODY Cr.
PRAECIPE TO WITHDRAW APPEARANCE
Please withdraw the appearance of the undersigned counsel on behalf of the Defendant
Alexandra R. Augustin, in the above matter.
R ectfully submitted,
Suzann Spencer bel. Esquire
P.O. x 1 161
Carlisle, PA 17013
Dated: (4/4-21
PRAECIPE TO ENTER APPEARANCE
Please enter the appearance of the undersigned on behalf of the Defendant, Alexandra R.
Augustin, in the above matter.
Respectfully submitted,
w Office of Joseph L. Hitchings
Joseph 11- itchin S, E wire
Attorney ID No. 65551
5000 Ritter Road, Suite 202
Mechanicsburg, PA 17055
Telephone: (717) 458-8123
Dated: % 4 /'k 1on
CHRISTOPHER PRIAR, COURT OF COMMON PLEAS,
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs.
DOCKET NO.: 07-1472
ALEXANDRA R. AUGUSTIN, CIVIL ACTION - LAW
Defendant IN CUSTODY
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving the foregoing document upon the person(s) and in the
manner indicated below, which service satisfies the requirements of Pa. Rules of Civil Procedure:
Service via US First Class Mail postage pre-paid as follows:
Sheri D. Coover. Esquire
44 S. Hanover Street
Carlisle, PA 17013
Dated: 0i ?:t 4 C) Respectfully submitted,
?;
Law Office o J eph L. Hitchings
J
seph L. ?itc s, squire
Attorney ID No. 65551
5000 Ritter Road, Suite 202
Mechanicsburg. PA 17055
Telephone: (717) 458-8123
Fax: (717) 790-6019
FfL - I
Sheri D. Coover, Esquire _ ?!
Attorney ID 93285
44 S. Hanover Street 2010 FEB 16 PH 3: 21
Carlisle, PA 17013
(717) 960-0075 (telephone) C
(717) 960-0074 (facsimile)
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CHRISTOPHER PRIAR, ACTION NO. 07-1472
Plaintiff
V.
FLl£.X WUA k.Uaub-l w
Wfibibb0i 0.
T : CUSTODY
MOTION TO WITHDRAW PETITION TO MODIFY CUSTODY
AND NOW comes Plaintiff Christopher Priar, by and through his attorney, Sheri
D. Coover, Esquire and files this Motion to Withdraw Petition to Modify Custody and in
support of that Motion hereby avers as follows:
1. On or around August 10, 2009, Plaintiff filed a Motion to Modify the
August 1, 2007 custody Order in the above-mentioned case.
2. On or around August 25, 2009, after a conciliation, this Court scheduled a
de novo custody hearing to be held before the Honorable Judge Guido on December 2,
2009 at 9:30 a.m. in Courtroom #3.
3. After a request of continuance by the Plaintiff, this Court issued an Order
on December 1, 2009 which rescheduled the de novo custody hearing to be held before
the Honorable Judge Guido to February 19, 2010 at 9:30 a.m. in Courtroom #3.
4. For personal reasons, the Plaintiff has decided that he does not want to
pursue modification of the custody Order at this time and would like to withdraw his
petition to modify custody.
5. No parties are prejudiced by the withdraw of Plaintiff's Petition to
Modify.
6. Undersigned counsel attempted to contact Attorney Hitchings, counsel for
Defendant but was unsuccessful, so she left a message which indicated her client's
intention to withdraw the Petition to Modify Custody. As of the time of the filing of this
petition, undersigned counsel has not received a return message from Attorney Hitchings.
It is assumed that he does not oppose the withdraw of the Plaintiff's Petition to Modify
and the cancellation of the custody hearing currently scheduled before the Honorable
Judge Guido on February 19, 2010 at 9:30 a.m.
WHEREFORE, Plaintiff Christopher Priar requests that this Court allow him to
withdraw his Petition to Modify Custody and cancel the custody hearing currently
scheduled before the Honorable Judge Guido on February 19, 2010 at 9:30 am.
submitted,
h D. mover, Esquire
orney ID 93285
44 S. Hanover Street
Carlisle, PA 17013
Sheri D. Coover, Esquire
Attorney ID 93285
44 S. Hanover Street
Carlisle, PA 17013
(717) 960-0075 (telephone)
(717) 960-0074 (facsimile)
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CHRISTOPHER PRIAR, ACTION NO. 07-1472
Plaintiff
V. .
AA*tOM AUGu?,511,t
1). 3A411f
and
T CUSTODY
CERTIFICATE OF SERVICE
I, Sheri D. Coover, Esquire hereby certify that on this 160' day of February 2010, I
caused the foregoing MOTION TO WITHDRAW PETITION TO MODIFY CUSTODY
to be served upon opposing counsel via United States First class mail addressed as
follows:
Joseph Hitchings, Esquire
5000 Ritter Road, Suite 202
Mechanicsburg, PA 17050
submitted,
S D.-Coover, Esquire
Attorney ID 93285
44 S. Hanover Street
Carlisle, PA 17013
HEED 010 ?LE FEB 17 2010 G,
Sheri D. Coover, Esquire
Attorney ID 93285 2010 FEB 13 PH 2: 16
44 S. Hanover Street
Carlisle, PA 17013
(717) 960-0075 (telephone)
(717) 960-0074 (facsimile)
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CHRISTOPHER PRIAR,
Plaintiff
V.
?LEX?UW?A kk&0 lU
and
T
: ACTION NO. 07-1472
: CUSTODY
1-I 'A i I
AND NOW, this eday of fgvtjn!!?? , 200% upon consideration
of Plaintiff's Petition to Withdraw Custody Modi cation, Plaintiff Christopher Priar's
Petition to Withdraw Custody Modification is hereby GRANTED and Plaintiff
Christopher Priar's Petition to Modify Custody is hereby withdrawn.
6? -J.
Distribution List:
Sheri D. Coover, Esquire (Plaintiff's counsel)
44 S. Hanover Street, Carlisle, PA 17013
Joseph Hitchings, Esquire (Defendant's counsel)
5000 Ritter Road, Suite 202, Mechanicsburg, PA 17050
I?YI? L LLL
3
CHRISTOPHER PRIAR, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
C? l
V. -r, t _Tt
NO. 07-1472 CIVIL TERM
rn
N t-'
ALEXANDRA R. AUGUSTIN, CIVIL ACTION -LAW
Defendant IN CUSTODY -°
PETITION TO MODIFY CUSTODY `
AND NOW, this r\- day of April 2010, comes the Defendant/Petitioner, Alexandra R.
Augustin, by and through her undersigned attorney, Joseph L. Hitchings, Esquire, and avers in
support of her Petition to Modify Custody as follows:
1. The Defendant/Petitioner is Alexandra R. Augustin, an adult individual residing at
15 Lilac Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050.
2. The Plaintiff/Respondent is Christopher Priar, an adult individual residing at 4604
North Clearview Drive, Camp Hill, Cumberland County, Pennsylvania 17011.
3. Defendant seeks to modify the current custody order to continue primary physical
custody, and relocate to the state of Florida with the following children:
Name: Gabriel Kole Priar.
Present Residence: 15 Lilac Drive, Mechanicsburg, PA 17050
Date of Birth: March 16, 2004
Age: 6 years old
Name: Emily Brea Renee Priar
Present Residence: 15 Lilac Drive, Mechanicsburg, PA 17050
Date of Birth: March 20, 2006
Age: 4 years old
4. The children were born out of wedlock.
5. The children are presently in the custody of the Defendant who resides with the
children at 15 Lilac Drive, Mechanicsburg, PA 17050. Plaintiff has periods of partial physical
custody. 416.00
erg ? ??? J
.2rvo-ml
6. The current custody Order was entered on August 25, 2009, following receipt of a
Conciliation Report, which granted primary physical custody to Defendant with Plaintiff having
periods of partial physical custody every other weekend, and every Thursday evening until 8:00
pm. A true and correct copy of the current Court Order is attached hereto as Exhibit "A".
7. Defendant has no information of a custody proceeding concerning the child
pending in any other Court of this Commonwealth or any other state. Plaintiff previously filed a
Petition to Modify Custody, which was scheduled for trial; however Plaintiff withdrew his
Petition before the case could be heard.
8. The best interest and permanent welfare of the children will be served by granting
the relief requested and permitting Mother/Defendant to relocate with the children to Virginia, as
the children will be closer to extended family and will improve the children's standard of living
with better employment opportunities.
9. Defendant respectfully requests that this Petition be forwarded to the Court for the
scheduling of a Custody Conciliation Conference.
WHEREFORE, Defendant, Alexandra R. Augustin, respectfully requests that This
Honorable Court grant her Petition and modify the existing Custody order to permit her to
relocate with the children to the state of Virginia.
Respectfully Submitted,
LAW OFFICE OF JOSEPH L. HITCHINGS
Date:-3 By: ? ? /I,, -
seph L. H chin quire
Attorney for Defenda etitioner
Attorney ID# 65551
5000 Ritter Road, Suite 202
Mechanicsburg, Pennsylvania 17055
Telephone: (717) 458-8123
Fax: (717) 790-6019
VERIFICATION
I Alexandra R. Augustin, verify that the statements made in this Petition to Modify
Custody are true and correct to the best of my knowledge information and belief and that I am
authorized to make this Verification. I understand that false statements herein are made subject
to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.
(5)OQ6 l l E)
Date
JAI;-e-xandra R. Au s 'n
EXHIBIT "A"
AUG 2 4 20096
CHRISTOPHER PRIAR, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 07-1472 CIVIL ACTION LAW
ALEXANDRA AUGUSTIN, IN CUSTODY
Defendant
Prior Judge; Edward E. Guido, J.
ORDER OF COURT
AND NOW this ?5? day of August 2009, upon consideration of the attached Custody
Conciliation Report, it is Ordered and Directed as follows:
All prior Orders entered in this matter are hereby VACATED and replaced with this Order.
2. This Order is entered pursuanj to a Cust dy Conciliation Conference. A Custody Hearing is
dM in Courtroom
hereby scheduled on the - 0 r% -- day of 2009 at4_3
number 3 in the Cumberland County Court of Common Pleas, Carlisle, PA 17013 at which
time testimony will be taken in regard to the physical custody for the subject Children. For
purposes of this hearing, the Father shall be deemed to be the moving party and shall proceed
initially with testimony. Counsel for each party shall file with the Court and opposing counsel
a Memorandum setting forth each party's position on custody, a list of witnesses who will be
expected to testify at the hearing and a summary of the anticipated testimony of each witness.
These Memoranda shall be filed at least five days prior to the hearing date.
Moma.s S0.m2.5
3. Pursuant to the terms of 23 P.A.C.S. § 5303 (c),
is hereby court-appointed to perform an evaluation/counseling
as necessary of Father in regard to the instant custody matter. The qualified professional shall
give this Court testimony in regard to the instant custody matter once the evaluation/counseling
has been completed.
4. Legal Custody: The Father, Christopher Priar, and the Mother, Alexandra Augustin, shall have
shared legal custody of Gabriel Kole Priar, born 03/16/2004 and Emily Brea Renee Priar, born
03/20/2006. The parties shall have an equal right to make all major non-emergency decisions
affecting the Children's general well-being including, but not limited to, all decisions regarding
their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent
shall be entitled to all records and information pertaining to the Children including, but not
limited to, medical, dental, religious or school records, the residence address of the Children
and of the other parent. To the extent one parent has possession of any such records or
information, that parent shall be required to share the same, or copies thereof, with the other
parent within such reasonable time as to make the records and information of reasonable use to
the other parent. The parents shall notify and share information regarding the Children's
events and extra-curricular activities.
5. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's
physical custody as -follows:
a. Father shall have physical custody of the Children every other weekend from after
day care on Friday 6:00 pm until Monday morning whereby Father shall take the
Children to school/day care. These locations for the exchanges shall commence
September 4, 2009. Until school starts, commencing August 21, 2009, Father shall
meet Mother at the McDonald's on Trindle Road on Friday at 6:00 pm and again
Monday morning at 8:00 am at the McDonald's on Trindle Road.
b. Father shall have physical custody of the Children every Thursday evening until
8:00 pm. While Gabriel is engaged in football and until regular day care is re%
established, Father shall pick the Children up at 6:00 pm at the McDonald's on
Trindle Road and Mother shall pick the Children up after football is river at
approximately 7:30 pm. While Gabriel is engaged in football and regular day care
is re-established, commencing 09/03/09, Father shall pick the Children up at day
care 6:00 pm and Mother shall pick the Children up after football is over at
approximately 7:30 pm. Once football season is over, Father shall pick the Children
up from day care and the parents shall meet at the McDonald's at the Bowmansdale
exit off of rte 15.
c. Father shall be able to go to his son's football practice every Tuesday and
Wednesday from 6:00 pm until 7:30 pm (Mother shall transport Gabriele to the
practice). In the event that Mother is not able to take Gabriele to practice, Mother
shall notify Father and Father is authorized to pick up Gabriele from day care and
Mother shall pick up Gabriele from practice at 7:30 pm.
d. The default location for any other exchange location shall be at the McDonald's at
the Bowmansdale exit off of rte 15.
e. Father shall have physical custody of the Children at such other times as the parties
may mutually agree.
6. The parties are specifically directed to not engage in any conflict, verbal or otherwise, or to
engage third parties in any conflict during custody exchanges.
7. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable
basis. Said calls to the Children shall be no later than 9:00 pm and the non-custodial parent
shall talk to the Children one (1) time per day.
Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually
agreed upon. The Children's birthdays shall be splits and alternated every year. In even years,
Father shall celebrate Gabriel's and Mother shall celebrate Emily's birthdays. Both Children
shall be together for the birthdays. Odd numbered years shall be the opposite, with Mother
celebrating Gabriel's and Father celebrating Emily's birthdays. Each parent shall have physical
custody of the Children on the parents' respective birthdays from 6:00 pm until 8:00 pm.
9. Each parent shall have one week of vacation with the Children per year. The requesting parent
shall give the other parent 30 days advance notice of the requested time and this vacation week
shall supersede the regular physical custody schedule. In the event the parties schedule
conflicting vacations, the party first providing written notice shall have the choice of vacation.
Prior to departure, the parties will provide each other with information regarding the intended
vacation destination and a telephone number at which they can be reached during their
vacation. The parties may expand this vacation time by mutual agreement.
10. In the event the custodial parent should take the Children out of state, the custodial parent shall
notify the non-custodial parent within twenty-four hours of departure of the intended
destination and a telephone number at which they can be reached.
11. Neither party may say or do anything nor permit a third party to do or say anything that may
estrange the Children from the other party, or injure the opinion of the Children as to the other
party, or may hamper the free and natural development of the Children's love or affection for
the other party. To the extent possible, both parties shall not allow third parties to disparage
the other parent in the presence of the Children.
12. In the event of a medical emergency, the custodial party shall notify the other party as soon as
possible after the emergency is handled.
13. Right of first refusal: In the event that the custodial parent should require a care-
taker/babysitter (excluding regular day care and significant others) for the Child a period of
time in excess of two hours, the custodial party shall first offer said opportunity to the non-
custodial parent. It is specifically understood and directed that if either parent elects to utilize
this provision for care-giving to the other parent, this additional time for the other parent shall
not be held against the requesting parent for any reason.
14. During any periods of custody or visitation, the parties shall not possess or use controlled
substances or consume/be under the influence of alcoholic beverages to the point of
intoxication. The parties shall likewise assure, to the extent possible, that other household
members and/or house guests comply with this provision.
15. In the event that either party, or their respective counsel, feels that the scheduled court hearing
is not necessary or proper, they may contact the assigned conciliator directly to schedule a
conference.
16. This Order is entered pursuant to 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.
Distribution:
Suzanne Spencer-Abel, Esquire
Sheri Coover, Esquire
John J. Mangan, Esquire
OM al Ca;i; F-A
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v
By the Court,
?s
J.
CHRISTOPHER PRIAR, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 07-1472 CIVIL TERM
ALEXANDRA R. AUGUSTIN, CIVIL ACTION -LAW
Defendant IN CUSTODY
CERTIFICATE OF SERVICE
I, Joseph L. Hitchings, Esquire, Attorney for the Defendant, Alexandra R. Augustin, do hereby
certify that I served a true and correct copy of the attached Petition to Modify Custody, by United States
Mail, First Class, postage prepaid and by certified mail, restricted delivery upon Plaintiff's counsel listed
below:
Sheri D. Coover, Esquire
44 S. Hanover Street
Carlisle, PA 17013
Respectfully Submitted,
LAW OFFICE OF JOSEPH L. HITCHINGS
Date: 1i - By:
J eph L. Hitchings, E 're
Attorney for Defendant/ *tioner
Attorney ID# 65551
5000 Ritter Road, Suite 202
Mechanicsburg, Pennsylvania 17055
Telephone: (717) 458-8123
Fax: (717) 790-6019
CHRISTOPHER PRIAR IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
2007-1472 CIVIL ACTION LAW
ALEXANDRA R. AUGUSTIN
IN CUSTODY __y,
ri1?1
DEFENDANT
c• 3
ORDER OF COURT 1 ho
AND NOW, __ Wednesday, April 14, 2010 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator,
at 4th Floor, Cumberland Count Courthouse, Carlisle on Thursday, May 27, 2010 at 9:00 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. Failure to appear at the conference may provide grounds for entrv ofa temporarv or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/ ohn .Man an r. Es .
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE 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.
,-f0
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4•ly•?o
VC VX, rev J Cumberland County Bar Association
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tj or%;Cf- ro-,? Le-d
Co?? ?Iac-P_j i n
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
A++ j Man a?1 , -?; It-
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~UL 0 ? 2010 ~
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CHRISTOPHER PRIAR, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v, No. 07-1472 CIVIL ACTION LAW
ALEXANDRA AUGUSTIN, IN CUSTODY
Defendant
Prior Judge; Edward E. Guido, J.
ORDER OF COURT
AND NOW this ~ 1 day of July 2010, upon consideration of the attached Custody
Conciliation Report, it is Ordered and, Directed as follows:
All prior Orders entered in this matter are hereby VACATED and replaced with this Order.
2. This Order is entered pursuant o a Custod Co Conference. A Custody Hearing is
hereby scheduled on the day of 10 at ~~ ~ ~ ~i/pm in Courtroom
number 3 in the Cumberland County Court o Common Pleas, Carlisle, PA 17013 at which
time testimony will be taken in regard to the physical custody for the subject Children and
whether it is appropriate for Mother to move to Virginia with the subject Children. For
purposes of this hearing, the Father shall be deemed to be the moving party and shall proceed
initially with testimony. Counsel for each party shall file with the Court and opposing counsel
a Memorandum setting forth each party's position on custody, a list of witnesses who will be
expected to testify at the hearing and a summary of the anticipated testimony of each witness.
These Memoranda shall be filed at least five days prior to the hearing date.
3. Pursuant to the terms of 23 P.A.C.S. § 5303 (b) and (c), Father shall comply with these
statutory provisions. A qualified professional is hereby appointed to provide counseling to
Father and said professional shall provide testimony to this Court to assist this Court in
fashioning an appropriate custody Order. For further clarification of. what this Court expects,
see Ramer v. Ramer, 914 A.2d 894 (2006).
4. Legal Custody: The Father, Christopher Priar, and the Mother, Alexandra Augustin, shall have
shared legal custody of Gabriel Kole Priar, born 03/16/2004 and Emily Brea Renee Priar, born
03/20/2006. The parties shall have an equal right to make all major non-emergency decisions
affecting the Children's general well-being including, but not limited to, all decisions regarding
their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent
shall be entitled to all records and information pertaining to the Children including, but not
limited to, medical, dental, religious or school records, the residence address of the Children
and of the other parent. To the extent one parent has possession of any such records or
information, that parent shall be required to share the same, or copies thereof, with the other
parent within such reasonable time as to make the records and information of reasonable use to
the other parent. The parents shall notify and share information regarding the Children's
events and extra-curricular activities.
5. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's
physical custody as follows:
a. Father shall have physical custody of the Children every Tuesday and Thursday
from 6:00 pm unti17:30 pm. Every other Tuesday, Father shall have custody of
Gabriel from 11:30 am unti17:30 pm. Father shall pick Gabriel up for the 11:30 am
exchange from day care/school. The parties shall exchange custody at the
McDonald's on Trindle Road at the other designated times.
b. Father shall have physical custody of the Children every other weekend from Friday
6:00 pm until Sunday 7:30 pm. The parties shall exchange custody at the
McDonald's on Trindle Road at the designated times.
c. Father shall have physical custody of the Children at such other times as the parties
may mutually agree.
6. The parties are specifically directed to not engage in any conflict, verbal or otherwise, or to
engage third parties in any conflict during custody exchanges.
7. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable
basis. Said calls to the Children shall be between 7:00 pm and 8:00 pm and the non-custodial
parent shall talk to the Children one (1) time per day.
8. Neither parent shall enroll the Children in extra-curricular activities without the other parent's
express consent.
9. Counseling for Children: The parents are strongly encouraged to engage the Children in
individual counseling and/or play therapy.
10. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually
agreed upon. The Children's birthdays shall be splits and alternated every year. In even years,
Father shall celebrate Gabriel's and Mother shall celebrate Emily's birthdays. Both Children
shall be together for the birthdays. Odd numbered years shall be the opposite, with Mother
celebrating Gabriel's and Father celebrating Emily's birthdays. Each parent shall have physical
custody of the Children on the parents' respective birthdays from 6:00 pm unti18:00 pm.
11. Each parent shall have one week of vacation with the Children per year. The requesting parent
shall give the other parent 30 days advance notice of the requested time and this vacation week
shall supersede the regular physical custody schedule. In the event the parties schedule
conflicting vacations, the party first providing written notice shall have the choice of vacation.
Prior to departure, the parties will provide each other with information regarding the intended
vacation destination and a telephone number at which they can be reached during their
vacation. The parties may expand this vacation time by mutual agreement.
12. In the event the custodial parent should take the Children out of state, the custodial parent shall
notify the non-custodial parent within twenty-four hours of departure of the intended
destination and a telephone number at which they can be reached.
13. Neither party may say or do anything nor permit a third party to do or say anything that may
estrange the Children from the other party, or injure the opinion of the Children as to the other
party, or may hamper the free and natural development of the Children's love or affection for
the other party. To the extent possible, both parties shall not allow third parties to disparage
the other parent in the presence of the Children.
14. In the event of a medical emergency, the custodial party shall notify the other party as soon as
possible after the emergency is handled.
15. Right of first refusal: In the event that the custodial parent should require acare-
taker/babysitter (excluding regular day care and significant others) far the Child a period of
time in excess of two hours, the custodial party shall first offer said apportunity to the non-
custodial parent. It is specifically understood and directed that if either parent elects to utilize
this provision for care-giving to the other parent, this additional time for the other parent shall
not be held against the requesting parent for any reason.
16. During any periods of custody or visitation, the parties shall not possess or use controlled
substances or consume/be under the influence of alcoholic beverages to the point of
intoxication. The parties shall likewise assure, to the extent possible, that other household
members and/or house guests comply with this provision.
17. In the event that either party, or their respective counsel, feels that the scheduled court hearing
is not necessary or proper, they may contact the assigned conciliator directly to schedule a
conference.
18. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify
the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of
this Order shall control.
J.
Distribution:
Esquire
Joseph Hitchings
,
Sheri Coover, Esquire
~ John J. Mangan, Esquire ~'
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HOLIDAYS AND TIMES EVEN ODD
SPECIAL DAYS YEARS YEARS
Easter Day From 6 pm the evening before the Father Mother
holiday to 6 pm the day of the
holida
Memorial Day From 6 pm the evening before the Mother Father
holiday to 6 pm the day of the
holiday
Independence Day From 6 pm the evening before the Father Mother
holiday to6 pm the day of the holiday
Labor Day From 6 pm the evening before the Mother Father
holiday to 6 pm the day of the
holida
Thanksgiving 1St From 6 pm the evening before Mother Father
Half Thanksgiving Day to 6 pm on
Thanksgivin Day
Thanksgiving 2° From 6 pm on Thanksgiving Day to Father Mother
half Sunda 6 m
Christmas Father From noon on 12/24 until 10:30 pm Father Father
12/24 and from 3:00 pm 12/25 until
10:30 m 12/25
Christmas Mother From 10:30 pm 12/24 unti13:00 pm Mother Mother
12/25
New Year's Eve From 6 pm on 12/31 until 6 pm Mother Father
(with the 12/31 year O 1 /01
to determine
even/odd)
Mother's Day From 6 pm the evening before the Mother Mother
holiday to 6 pm the day of the
holiday
Father's Day From 6 pm the evening before the Father Father
holiday to 6 pm the day of the
holiday
CHRISTOPHER PRIAR,
Plaintiff
v.
ALEXANDRA AUGUSTIN,
Defendant
Prior Judge: Edward E. Guido, J.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 07-1472 CIVIL ACTION LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8(b), the undersigned Custody Conciliator submits the following report:
1. The pertinent information pertaining to the Children who are the subject of this litigation is as
follows:
Name Date of Birth Currently in the Custody of
Gabriel Kole Priar 03/16/2004 Primary Mother
Emily Brea Renee Priar 03/20/2006 Primary Mother
2. A Conciliation Conference was held with regard to this matter on August 1, 2007, a hearing
was held in regard to Father's petition for special relief, an Order was issued August 12, 2009,
a conciliation conference was held August 21, 2009, an Order issued August 25, 2009, a
conference held October 16, 2009, a conference held May 27, 2010 with the following
individuals in attendance:
The Mother, Alexandra Augustin, with her counsel, Joseph Hitchings, Esq.
The Father, Christopher Priar, with his counsel, Sheri Coover, Esq.
3. Mother's position on custody is as follows: Mother desires to move to Virginia outside of
Washington, D.C., which is approximately two hours away. Mother indicates that she will be
able to have a much better job and that the Children would attend an excellent school district.
Mother also has extended family in the Virginia area. Mother asserts that she is willing to
foster a relationship between the Children and Father. Mother offers Father to have most of the
summer and alternating holidays. One factor that is complicating matters is that Father has a
conviction that falls under 23 § 5303 (b) and (c) that requires the appointment of a qualified
professional to provide counseling and the Court shall take testimony from said professional
prior to determining an appropriate Order for custody. Mother indicates that she would be
willing to waive said requirement if she would be allowed to move. The undersigned is not
convinced that this statutory requirement can be waived.
4. Father's position on custody is as follows: Father is adamant that the Children not move to
Virginia. Father indicates that the Children are doing well in school and have many friends and
family in this area. Father indicates that he is very much involved with his Children's lives.
Father indicates that his prior conviction was from many years ago and that Mother was well
aware of the conviction prior to the birth of his Children. Father indicates that Mother does not
feel he would be any sort of threat to the Children. Father does not feel that counseling would
be necessary, but would be willing to comply if it meant that he would have expanded time
with his Children.
5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and
entering an Order of Court regarding custody as outlined. It is the Conciliator's belief that this
would be in the Children's best interest. It is expected that the Hearing will require one day.
6. The proposed recommended Order may contain a requirement that the parties file apre-trial
memorandum with the Judge to whom the matter has been assigned.
~L~
Date Jo J. gan, Esqu' e
Cus od Conciliator
r-;
L,1
CHRISTOPHER PRIAR,
Plaintiff
V.
ALEXANDRA R. AUGUSTIN,
Defendant
Prior Judge: Edward E. Guido
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 07-1472 CIVIL TERM
AUG 3 U 2010 3
CIVIL ACTION - LAW
IN CUSTODY n
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ORDER OF COURT c
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AND NOW, this ? day of 2010 upon consideration of
Plaintiff's Motion to Continue Hearing, and Defendant's Answer thereto, it is hereby ORDERED Aild
Pending the hearing in this matter, the prior custody Order of July 12, 2010, is hereby
DECREED that said Motion is Granted and the hearing on this matter shall be held on the
of 'A) 2010, at • 3da.m./jA. in Courtroom No. 3 of the Cumberland
County Courthouse, Carlisle, Pennsylvania.
amended to authorize Mother to relocate with the children to the D.C./Northern Virginia metro
area. Father shall have periods of partial physical custody every other weekend from Friday at
7:00 p.m. until Sunday at 7:00 p.m. Mother shall be responsible for all transportation pending the
hearing in this matter. All other terms of the prior Custody Order of July 12, 2010 shall remain in
effect.
44- P. 060(jejZ-
Cd 1">_s /rla c tecL
g`3
day
Edward E. Guido, J.
Sheri D. Coover, Esquire Attorney for Plaintiff/Respondent
Attorney ID 93285
44 S. Hanover Street
Carlisle, PA 17013
(717) 960-0075 (telephone)
(717) 960-0074 (facsimile)
CHRISTOPHER PRIAR, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY,
: PENNSYLVANIA
V. C -n
CASE NO. 07-1472
ALEXANDRA R. AUGUSTIN, rT !
Defendant CUSTODY
-0
MOTION FOR RECONSIDERATION
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AND NOW, comes Petitioner Christopher Priar, by and through his c?jnseN
1±:?
Sheri D. Coover, Esquire and files the following MOTION FOR RECONSIDERATION
and in support thereof avers as follows:
1. This Court issued an Order on August 30, 2010, which granted the
Plaintiff's Motion to Continue a Hearing but granted Defendant the right to relocate with
the children to the D.C./Northern Virginia metro area allowing Plaintiff periods of partial
custody on alternating weekends. (A true and correct copy of the August 30, 2010 Order
is hereby attached to this Motion).
2. In the Defendant's Answer to Plaintiffs Motion to Continue Hearing,
Defendant alleged that Plaintiff has a track record of delaying and continuing proceedings
in this matter and has had over a year to complete the required evaluation. (See,
Defendant's Answer to Plaintiff s Motion to Continue Hearing ¶ 2).
3. Plaintiff admits that he had previously cancelled a custody hearing only
days prior to it occurring. That hearing had been scheduled as a result of a Petition to
Modify Custody that had been filed by the Plaintiff. Although Plaintiff had requested to
obtain primary custody of the children at that time, one of his main concerns was the lack
of communication between the parties. By the time that the custody hearing was getting
near, the parties had started working together better concerning custody issues and
Plaintiff's concerns were no longer an issue. Since the parties were working together and
had a custody Order in place which was agreeable to both parties, Plaintiff made the
decision to spend his money toward the benefit of the children instead of obtaining the
evaluation by Jane Yeatter. Foresight is 20/20 as at that time, Plaintiff had no knowledge
that Defendant would seek to amend the custody Order to permit her to move with the
children to Virginia or that this evaluation would be requested by the Court in the future.
4. Plaintiff has concerns about the Defendant moving with the children to
Virginia. The Plaintiff and his family have been a large part of these children's lives
since their birth. Since the parties separated, the Plaintiff has had the children at least on
alternating weekends and every Tuesday and Thursday. Plaintiff and his mother have
had the children at other times too at the request of the Defendant and have attended most
of the children's sporting and school (daycare) activities.
5. If the Defendant moves with the children to the Virginia/D.C. area, the
distance between the Plaintiff and his family and the children would hinder the their
ability to participate in the children's sporting and school (daycare) activities. This
would only harm the children.
b. The communication between the parties is very poor. Defendant has not
advised the Plaintiff where the children currently reside with her and has not provided a
telephone number where the Plaintiff can call his children. Instead, the Plaintiff has to
wait on telephone calls from the Defendant. Plaintiff is fearful that his ability to
communicate with the children will deteriorate even further if the Defendant is permitted
to move out of the area with the children.1
7. Plaintiff denies that he ever entered into an agreement with the Defendant
that she could home-school the children until the time of the custody hearing. The
Defendant had advised the Plaintiff that she was intending to enroll the oldest child in the
school which was closest to her home. Since Defendant refused to reveal to Plaintiff
where the children reside, Plaintiff did not know which school this was and Defendant
refused to tell him when he asked. When Plaintiff later questioned the Defendant about
the school, Defendant told the Plaintiff that she was thinking of home schooling the child.
Plaintiff told her that he objected to this idea, that he had the right to be part of the
decision-making about the child and he wanted the child to be enrolled in school and not
home-schooled. He never made any other agreement with the Defendant regarding the
schooling of the children.
8. Plaintiff denies that the Defendant could not maintain a job in this area
and that she can only maintain employment if she moves out of the area. As recently as
August 2010, Defendant was working in this area and asked the Plaintiff and his mother
to watch the children while she worked. The Defendant has experience working at a
daycare center and has a background in nursing. Plaintiff denies that it is necessary for
her to move with the children out of this area for her to find work.
9. This Court rescheduled the hearing in this case until November 8, 2010 at
9:30 a.m.. Undersigned counsel is attached in the York County Court of Common Pleas
on the criminal case of Comm v. Gebhart, et. al. before the Honorable Judge Snider. This
' Plaintiff does have a cell phone number for the Defendant, but the Defendant constantly does not have
any minutes on this telephone. Defendant has admitted to the Plaintiff that he will not be able to reach her
by using this number.
case has been scheduled for several months and involves multiple Defendant. Judge
Snider in that case specifically ordered that counsel for the three Defendants involved not
make any commitments to any other courts during the first two weeks of November
2010.2
10. Undersigned counsel contacted Jane Yeatter to discuss when she believes
that she can have her report completed and be prepared to testify. Jane Yeatter stated that
she could have her report completed and available to testify the last week in October
2010.
11. Undersigned counsel attempted to contact Attorney Hitchings by
telephone on September 1, 2010, and left a message with him. Attorney Hitchings
attempted to return undersigned counsel's call, and left a message as undersigned counsel
was not available at that time. In his message, Attorney Hitchings stated that he does not
concur with the Plaintiff's Motion for Reconsideration, but he does not oppose Plaintiff s
request to reschedule due to counsel's conflict.
2 On his own initiative, Judge Snider scheduled a status conference for the parties and their counsel for
September 8, 2010 at 8:00 a.m. Undersigned counsel does not know what the Judge intends to discuss at
this conference, but does not have any information that would lead her to believe that Judge Snider has any
intention on rescheduling the trial in that case.
Sheri D. Coover, Esquire Attorney for Plaintiff/Respondent
Attorney ID 93285
44 S. Hanover Street
Carlisle, PA 17013
(717) 960-0075 (telephone)
(717) 960-0074 (facsimile)
CHRISTOPHER PRIAR, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY,
: PENNSYLVANIA
VI. .
CASE NO. 07-1472
ALEXANDRA R. AUGUSTIN,
Defendant CUSTODY
VERIFICATION
I, Christopher Priar hereby verify that I have reviewed the facts contained in the
foregoing MOTION and they are true and correct to the best of my knowledge,
information and belief. I understand that I can be subject to the penalties of perjury both
civilly and criminally, under Pennsylvania and federal law for any false statements
contained herein.
2-Z
'stoph Priar
Date
Sheri D. Coover, Esquire Attorney for Plaintiff/Respondent
Attorney ID 93285
44 S. Hanover Street
Carlisle, PA 17013
(717) 960-0075 (telephone)
(717) 960-0074 (facsimile)
CHRISTOPHER PRIAR,
Plaintiff
V
ALEXANDRA R. AUGUSTIN,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,
: PENNSYLVANIA
: CASE NO. 07-1472
: CUSTODY
CERTIFICATE OF SERVICE
I, Sheri D. Coover, Esquire hereby certify that on this 3`d day of September,
2010, I caused the foregoing MOTION FOR RECONSIDERATION
to be served upon opposing counsel via United States First class mail addressed as
follows:
Joseph Hitchings, Esquire
5000 Ritter Road, Suite 2020
Mechanicsburg, PA 17055
submitted,
I /! J
he ' D. Coover, Esquire
A rney ID 93285
44 S. Hanover Street
Carlisle, PA 17013
S. L`oo I/C
AUG 3 U 2010
CHRISTOPHER PRIAR, : IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
: NO. 07-1472 CIVIL TERM
ALEXANDRA R. AUGUSTIN, CIVIL ACTION - LAW
Defendant IN CUSTODY
Prior Judge: Edward E. Guido
ORDER OF COURT
,*. hr,
AND NOW, this day of , 2010 upon consideration of
Plaintiff s Motion to Continue Hearing, and Defendant's Answer thereto, it is hereby ORDERED pfd
DECR'E'ED that said Motion is Granted and the hearing on this matter shall be held on the day
20 at a.m./. in Courtroom No. 3 of the Cumberland
of Am* 7-
County Courthouse, Carlisle, Pennsylvania.
Pending the hearing in this matter, the prior custody Order of July 12, 2010, is hereby
amended to authorize Mother to relocate with the children to the D.C./Northern Virginia metro
area. Father shall have periods of partial physical custody every other weekend from Friday at
7:00 p.m. until Sunday at 7:00 p.m. Mother shall be responsible for all transportation pending the
hearing in this matter. All other terms of the prior Custody Order of July 12, 2010 shall remain in
effect.
BY,-'P14E COURT:
.r`
Edward E. Guido, J.
WHEREFORE, Plaintiff respectfully requests that this Court reconsider its
August 30, 2010 Order and amend that Order to reschedule the hearing currently
scheduled for November 8, 2010 at 9:30 a.m. and modify the Order to Order the
Defendant to remain in the area until the time of the scheduled custody hearing.
XTF Y SUBMITTED,
Sheri D. Coover, Esquire
/Attorney ID 93285
44 S. Hanover Street
Carlisle, PA 17013
3
SEP 0 7 20,10
Sheri D. Coover, Esquire Attorney for Plaintiff/Respondent
Attorney ID 93285
44 S. Hanover Street
Carlisle, PA 17013
(717) 960-0075 (telephone)
(717) 960-0074 (facsimile)
CHRISTOPHER PRIAR, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY,
: PENNSYLVANIA
V
CASE NO. 07-1472
ALEXANDRA R. AUGUSTIN,
Defendant CUSTODY
ORDER
AND NOW, thisld "' day of tr<, 2010, after consideration
of Plaintiff's Motion for Reconsideration and Motio WQ9 ?Reschedule Custody Hearing, the
hearing in this case is hereby rescheduled until OC46.1'?t. ;If , 2010 at
'1: 4 .m. in Courtroom #3 of the Cumberland County Courthouse,
?kis ' e o e ete the au o
fil
'
t? -, J.
Judge Guido
Distribution List:
Sheri D. Coover, Esquire (Attorney for Plaintiff)
44 S Hanover Street, Carlisle, PA 17013
Joseph Hitchings, Esquire (Attorney for Defendant)
5000 Ritter Road, Suite 2020, Mechanicsburg, PA 17055
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CHRISTOPHER PRIAR, IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYL~.AI~IQ ~i
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AUGUSTIN, :CIVIL ACTION -LAW `r-'~> ~~''
ALEXANDRA R " :- r, ~,
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Defendant IN CUSTODY ' - ~"'= ~"'
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MOTION FOR CONTINUANCE
AND NOW, this ~~day of September, 2010 comes the Defendant, Alexandra
R. Augustin, by and through her undersigned attorney, Joseph L. Hitchings, Esquire and
files this Motion for Continuance and avers in support thereof as follows:
1. Pursuant to an Order of Court dated August 30, 2010, the hearing in this
custody matter was set for November 8, 2010.
2. Plaintiff filed a Motion for Reconsideration resulting in the hearing in this
matter being rescheduled to October 29, 2010. A true and correct copy of the
September 10, 2010 Order is attached hereto as Exhibit "A".
3. Undersigned counsel has a conflict for October 29, 2010 as he will be
traveling out of state.
4. Undersigned counsel contacted Plaintiff's counsel, Sheri D. Coover, Esquire,
who advised that she has no objection to the continuance, provided the
hearing is not moved to the first two weeks of November 2010, as counsel is
attached to a criminal trial in York County Court of Common Pleas.
5. Defendant and undersigned counsel have no objection to moving the hearing
to earlier in the week of October 25, 2010, should that fit into the Court's
schedule, as undersigned counsel is currently available for the entire week,
other than Friday, October 29, 2010.
6. This is Defendant's first request for continuance.
7. It is believed that there will be no prejudice to the Plaintiff should the
continuance be granted, particularly if the hearing can be moved to a date
earlier in the same week.
WHEREFORE, Defendant, Alexandra R. Augustin, respectfully requests that his
Motion for Continuance be granted and that the custody hearing currently scheduled
for October 29, 2010 at 9:30 a.m. be rescheduled.
Respectfully submitted,
Law Office of Joseph L. Hitchings
} _._... _
Date: 1'- ~ / - / o By: C _
oseph L itchings, uire
Attorney ID No.: 65551
5000 Ritter Road, Suite 202
Mechanicsburg, Pennsylvania 17055
(717) 458-8123
Fax: (717) 790-6019
Attorney for Defendant
EXHIBIT "A"
~_
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SEP 0 7 2U~t~
Sheri D. Coover, Esquire
Attorney for Plaintiff/Respondent
Attorney ID 93285
44 S. Hanover Street
Carlisle, PA 17013
(717) 960-0075 (telephone)
(717) 960-0074 (facsimile)
CHRISTOPHER PRIAR, IN THE COL~ZT OF COMIVION PLEAS
Plaintiff :CUMBERLAND COUNTY,
PENNSYLVANIA
V
CASE N0.07-1472
ALEXANDRA R AUGUSTIN,
Defendant :CUSTODY
ORDER
AI~TD NOW, this~~ day of t/4 , 2010, after consideration
of Plaintiff's Motion for Reconsideration and Motio ~~~p~~Reschedule Custody Hearing, the
hearing in this case is hereby rescheduled until C7~G~~'()"~c egg , 2010 at
`f .m. in Courtroom #3 of the (`'umberland County Courthouse,
Distribution List:
Sheri D. Coover, Esquire (Attorney for Plaintiff)
44 S. Hanover Street, Carlisle, PA 17013
3
Joseph Hitchings, Esquire (Attorney for Defendant)
5000 Ritter Road, Suite 2020, Mechanicsburg, PA 17055
CHRISTOPHER PRIAR, IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v, No.: 07-1472
ALEXANDRA R. AUGUSTIN, :CIVIL ACTION -LAW
Defendant IN CUSTODY
CERTIFICATE OF SERVICE
I, Joseph L. Hitchings, Esquire, hereby certify that service of this document has
been completed in compliance with the Pennsylvania Rules of Civil Procedure as
follows:
Via first class US mail postage pre-paid
Sheri D. Coover, Esquire
44 S. Hanover Street
Carlisle, PA. 17013
Respectfully submitted,
Law Office of Joseph L. Hitchings
Date J eph L. itchings, ~ e
000 Ritter Road, Sui 02
Mechanicsburg, Pennsylvam 7055
(717) 458-8123
Fax: (717) 790-6019
Attorney ID No.: 65551
Attorney for Defendant
SEP 2 4 2010
CHRISTOPHER PRIAR, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. No.: 07-1472
ALEXANDRA R. AUGUSTIN, CIVIL ACTION -LAW
Defendant IN CUSTODY
ORDER OF COURT
AND NOW, this day of September, 2010, upon consideration of the attached
Motion for Continuance, said Motion is hereby granted and the Custody Hearing in the
above case set for October 29, 2010 is hereby rescheduled to
2010 at d: a.m./t^ in Courtroom # 3 of the
Cumberland County Courthouse, Carlisle, Pennsylvania.
Edward E. Guido, J.
Distribution:
Court Administrator
Prot onotary
oseph L. Hitchings, Esquire
5? Ritter Road, Suite 202, Mechanicsburg, PA 17055
eri D. Coover, Esquire
44 S. Hanover Street, Carlisle, PA 17013
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CHRISTOPHER PRIAR,
Plaintiff
V.
ALEXANDRA AUGUSTIN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 07-1472 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
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it is hereby ORDER ED AfWD
AND NOW, this 3rd day of December, 2010, after hearing,
DIRECTED as follows:
Legal Custody: The Father, Christopher Priar, and the Mother, Alexandra Augustin, shall
have shared legal custody of Gabriel Kole Priar, born 03/16/2004 and Emily Brea Renee
Priar, born 03/20/2006. The parties shall have an equal right to make all major non-
emergency decisions affecting the Children's general well-being including, but not limited
to, all decisions regarding their health, education and religion. Pursuant to the terms of 23
Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to
the Children including, but not limited to, medical, dental, religious or school records, the
residence address of the Children and of the other parent. To the extent one parent has
possession of any such records or information, that parent shall be required to share the
same, or copies thereof, with the other parent within such reasonable time as to make the
records and information of reasonable use to the other parent. The parents shall notify
and share information regarding the Children's events and extra-curricular activities. It is
specifically ORDERED AND DIRECTED that Mother shall sign any documents necessary
to allow Father to access information regarding the children at their school and/or be
allowed to visit the children at their school.
2. Physical Custody:
a. During the school year, Mother shall have primary physical custody subject to
Father's periods of partial physical custody as follows:
i. Every other weekend from 7:00 p.m. Friday until 7:00 p.m. Sunday.
ii. From 6:00 p.m. until 8:00 p.m. any week night as long as Father gives
Mother at least 48 hours' notice. Said visitation to be exercised within 10
miles of Mother's residence.
iii. Each Thanksgiving from 6:00 p.m. Thanksgiving Day until 6:00 p.m. the
evening before Thanksgiving recess ends.
iv. Such other times as the parties agree.
b. Father shall have primary physical custody of the Children from 7:00 p.m. the
Friday after school is finished until 7:00 p.m. on the 14th day before school begins
subject to Mother's periods of partial physical custody as follows:
i. Every other weekend from Friday at 7:00 p.m. until Sunday at 7:00 p.m.
ii. Such other times as the parties may agree
r
3. Transportation: Except for the visitation set forth above in 2(a)(ii) above, the custodial
parent shall deliver the Children to the noncustodial parent.
4. Holidays: Absent an agreement of the parties to the contrary, the following holiday
schedule shall be observed and take precedence over the schedule set forth in 2 above:
a. Easter: Father shall have the Children from 6:00 p.m. the evening before Easter
until 6:00 pm. Easter night in even numbered years. Mother shall have the
Children from 6:00 p.m. the evening before Easter until 6:00 p.m. Easter night in
odd numbered years.
b. Father's Day: Father shall have the Children from 6:00 p.m. the evening before
until 6:00 p.m. the evening of Father's Day.
c. Mother's Day: Mother shall have the Children from 6:00 p.m. the evening before
until 6:00 p.m. the evening of Mother's Day.
d. Christmas Day: In even numbered years, Father shall have the Children from 4:00
p.m. on Christmas day until 6:00 p.m. New Year's Day. In odd numbered years,
Father shall have the Children from 4:00 Christmas Eve until 4:00 Christmas day.
5. The parties are specifically directed to not engage in any conflict, verbal or otherwise, or
to engage third parties in any conflict during custody exchanges.
6. The non-custodial parent shall have liberal telephone contact with the Children on a
reasonable basis. Said calls to the Children shall be between 7:00 pm and 8:00 pm and
the non-custodial parent shall talk to the Children one (1) time per day.
7. Each parent shall have one week of vacation with the Children per year. The requesting
parent shall give the other parent 30 days advance notice of the requested time and this
vacation week shall supersede the regular physical custody schedule. In the event the
parties schedule conflicting vacations, the party first providing written notice shall have the
choice of vacation. Prior to departure, the parties will provide each other with information
regarding the intended vacation destination and a telephone number at which they can be
reached during their vacation. Parties may expand this vacation time by mutual
agreement. Provided, however, that without Father's specific agreement, Mother shall not
schedule her vacation during Father's period of primary physical custody.
8. Neither party may say or do anything nor permit a third party to do or say anything that
may estrange the Children from the other party, or injure the opinion of the Children as to
the other party, or may hamper the free and natural development of the Children's love or
affection for the other party. To the extent possible, both parties shall not allow third
parties to disparage the other parent in the presence of the Children.
9. In the event of a medical emergency, the custodial party shall notify the other party as
soon as possible after the emergency is handled.
10. During any periods of custody or visitation, the parties shall not possess or use controlled
substances or consume/be under the influence of alcoholic beverages to the point of
intoxication. The parties shall likewise assure, to the extent possible, that other
household members and/or house guests comply with this provision.
11. This Court shall maintain jurisdiction.
Distribution:
---Jbseph Hitchings, Esquire
,,Sfiieri Coover, Esquire
mlc
Ma t LL
By:the Court
Edward E. Guido, J.
CHRISTOPHER PRIAR, IN THE COURT OF COMMON PLEAS
Petitioner CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 07-1472
ALEXANDRA AUGUSTIN, CIVIL ACTION - LAW =
' --
Respondent IN CUSTODY
PETITION FOR CONTEMPT OF EXISTING CUSTODY ORDER r-== =?'''
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AND NOW, comes the Petitioner, Christopher Priar, by and through his attorney,
Michael J. Pykosh, Esquire and the Dethlefs-Pykosh Law Group, LLC, who files this
Petition for Contempt of Existing Custody Order and avers as follows:
Petitioner is Christopher Priar, hereafter referred to as "Father", who
currently resides at 4604 N. Clearview Drive, Camp Hill, Cumberland County,
Pennsylvania 17011.
2. Respondent is Alexandra Augustin, hereafter referred to as "Mother", who
currently resides at (address unknown).
3. Parties are the parents of two minor children, Emily Brea Renee Priar,
born March 20, 2006, and Gabriel Kole Priar, born March 16, 2004, hereafter
collectively referred to as "Children".
4. On December 3, 2010 an Order of Court was entered giving Mother
primary physical custody and Father partial physical custody, for the school year, along
with Mother and Father having shared legal custody in accordance with said Order.
5. Paragraph 6 of the December 3, 2010 Order provides:
"The non-custodial parent shall have liberal telephone
contact with the Children on a reasonable basis. Said calls
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to the Children shall be between 7:00 pm and 8:00 pm and
the non-custodial parent shall talk to the Children one (1)
time per day".
6. Paragraph 8 of the December 3, 2010 Order provides:
"Neither party may say or do anything nor permit a third
party to do or say anything that may estrange the Children
from the other party, or injure the opinion of the Children as
to the other party, or may hamper the free and natural
development of the Children's love or affection for the other
party. To the extent possible, both parties shall not allow
third parties to disparage the other parent in the presence of
the Children".
7. On Saturday, October 8, 2011, Father traveled to Herndon, Virginia to
watch his son, Gabriel, participate in a football game and watch his daughter, Emily,
participate in cheerleading. Father's intent was to watch his Children participate in said
activities, not to exercise custody.
8. Mother identified Father at the stadium and approached Father. Mother,
from a distance and in the presence of the Children along with others, referring to
Father, said "Child molesters are not allowed around here. Keep your kids away from
him. Get his record you will see he is a child molester".
9. Respondent's actions on October 8, 2011 are in direct violation of
Paragraph 8 of the December 3, 2010 Order.
10. On several occasions during the month of October 2011 Father called
between the hours of 7:00 pm and 8:00 pm to talk to the Children. Father was denied
access to speak to his Children on said occasions.
11. Respondent's actions during the month of October 2011 in denying
access to Father as aforesaid are in direct violation of the December 3, 2011 Order.
-3-
WHEREFORE, Petitioner, Christopher Priar, respectfully request this Honorable
Court enter an Order finding Mother in contempt and schedule a Conciliation
Conference and any other remedies deemed appropriate including but not limited to
attorney's fees and costs.
Date: tl
Respectfully Submitted,
Michael T Pykosh, Esquire
I. D. # 58851
Dethlefs-Pykosh Law Group, LLC
2132 Market Street
Camp Hill, Pennsylvania 17011
Telephone: (717) 975-9446
Attorney for Petitioner
-4-
CHRISTOPHER PRIAR, IN THE COURT OF COMMON PLEAS
Petitioner CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 07-1472
ALEXANDRA AUGUSTIN, CIVIL ACTION - LAW
Respondent IN CUSTODY
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Petition for Contempt of Existing Custody
Order, was hereby served by depositing the same within the custody of the United States Postal
Service, First Class, postage prepaid, addressed as follows:
Joseph L. Hitchings, Esquire
Law Office of Joseph L. Hitchings
Rossmoyne Business Center
5000 Ritter Road, Suite 202
Mechanicsburg, PA 17055
Dater
Respectfull ,
Mich J. Pykos , Esquire
I.D. # 58851
2132 Market Street
Camp Hill, Pennsylvania 17011
Attorney for Petitioner
-5-
VERIFICATION
I, CHRISTOPHER PRIAR, verify that the statements made in the foregoing
Petition for Contempt of Existing Custody Order are true and correct. I understand that
false statements made herein are subject to the penalties of 18 Pa.C.S. §4904, relating
to unsworn falsification to authorities.
J
CHRISTO HER PRA WE
CHRISTOPHER PRIAR IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA C-) N ,
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ALEXANDRA AUGUSTIN IN CUSTODY z -r -ri
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ORDER OF COURT
AND NOW, Monday, November 14, 2011 , upon consideration of the attached Comp laint,
at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, December 16, 2011 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
it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator,
order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR. THE COURT.
By: /s/ John J. Man an r. Es .
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
6
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CHRISTOPHER PRIAR,
Plaintiff
V.
ALEXANDRA AUGUSTIN,
Defendant
Prior Judge; Edward E. Guido, J.
IN CUSTODY
ORDER OF COURT
AND NOW this /O-M day of January 2012, upon consideration of the attached Custody
Conciliation Report, it is Ordered and Directed as follows:
All prior Orders entered in this matter are hereby VACATED and replaced with this Order.
Father's Petition for Contempt is hereby DISMISSED without prejudice.
2. Legal Custody: The Father, Christopher Priar, and the Mother, Alexandra Augustin, shall have
shared legal custody of Gabriel Kole Priar, born 03/16/2004 and Emily Brea Renee Priar, born
03/20/2006. The parties shall have an equal right to make all major non-emergency decisions
affecting the Children's general well-being including, but not limited to, all decisions regarding
their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent
shall be entitled to all records and information pertaining to the Children including, but not
limited to, medical, dental, religious or school records, the residence address of the Children
and of the other parent. To the extent one parent has possession of any such records or
information, that parent shall be required to share the same, or copies thereof, with the other
parent within such reasonable time as to make the records and information of reasonable use to
the other parent. The parents shall notify and share information regarding the Children's
events and extra-curricular activities. It is specifically ORDERED and DIRECTED that
Mother shall sign any documents necessary to allow Father to access information regarding the
Children at their school and/or be allowed to visit the Children at their school and to attend the
Children's extra-curricular activities. Father shall notify Mother 24 hours in advance by email
or text of his intention to attend the Children's extra-curricular activities. Each parent shall
inform the other parent of any changes in residences and provide the residence address.
3. Physical Custody:
a. During the school year, Mother shall have primary physical custody subject to
Father's periods of partial physical custody as follows:
i. Every other weekend from 7:00 pm Friday until 7:00 pm Sunday.
ii. From 6:00 pm until 8:00 pm any week night as long as Father gives Mother at
least 48 hours' notice. Said visitation to be exercised within 10 miles of Mother's
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 07-1472 CIVIL ACTION LAW
0
residence.
iii. Each Thanksgiving from 6:00 pm Thanksgiving Day until 6:00 pm the evening
before Thanksgiving recess ends.
iv. Such other times as the parties agree.
b. Father shall have primary physical custody of the Children from 7:00 pm the Friday
after school is finished until 7:00 pm on the 1e day before school begins subject to
Mother's periods of partial physical custody as follows:
i. Every other weekend from Friday at 7:00 pm until Sunday 7:00 pm.
ii. Such other times as the parties may agree.
4. Transportation: Except for the visitation set forth above in 3(a)(ii), absent agreement
otherwise, the parents shall meet approximately half way for the custody exchanges at the
Sheetz convenience store in Thurmont, MD.
5. Holidays: Absent agreement of the parties to the contrary, the following holiday schedule shall
be observed and take precedence over the schedule set forth in 3 above:
a. Easter: Father shall have the Children from 6:00 pm the evening before Easter until 6:00
pm Easter night in even numbered years. Mother shall have the Children from 6:00 pm the
evening before Easter until 6:00 pm Easter night in odd numbered years.
b. Father's Day: Father shall have the Children from 6:00 pm the evening before until 6:00
pm the evening of Father's Day.
c. Mother's Day: Mother shall have the Children from 6:00 pm the evening before until 6:00
pm the evening of Mother's Day.
d. Christmas Day: In even numbered years, Father shall have the Children from 4:00 pm on
Christmas Day until 6:00 pm New Year's Day. In odd numbered years, Father shall have
the Children from 4:00 pm Christmas Eve until 4:00 pm Christmas Day.
6. The parties are specifically directed to not engage in any conflict, verbal harassment or
otherwise, or to engage third parties in any conflict, during custody exchanges or in the
presence of each other; especially when the Children are present.
7. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable
basis. Said calls to the Children shall be between 7:00 pm and 7:45 pm and the non-custodial
parent shall talk to the Children one (1) time per day. Any missed call shall be returned
promptly.
Each parent shall have one week of vacation with the Children per year. The requesting parent
shall give the other parent 30 days advance notice of the requested time and this vacation week
shall supersede the regular physical custody schedule. In the event the parties schedule
conflicting vacations, the party first providing written notice shall have the choice of vacation.
Prior to departure, the parties will provide each other with information regarding the intended
vacation destination and a telephone number at which they can be reached during their
vacation. The parties may expand this vacation time by mutual agreement. Provided, however,
that without Father's specific agreement, Mother shall not schedule her vacation during
Father's period of primary physical custody.
9. Neither party may say or do anything nor permit a third party to do or say anything that may
estrange the Children from the other party, or injure the opinion of the Children as to the other
party, or may hamper the free and natural development of the Children's love or affection for
the other party. To the extent possible, both parties shall not allow third parties to disparage
the other parent in the presence of the Children.
10. In the event of a medical emergency, the custodial party shall notify the other party as soon as
possible after the emergency is handled.
11. Neither parent shall attempt to influence the Children in regard to their preference for custody.
12. The parties have agreed to, and are strongly encouraged, to engage in therapeutic family
counseling with a qualified professional. The cost of said counseling, after appropriate
payment through insurance, shall be split equally between the parties. Mother shall contact and
set up an appointment within ten days of the instant Order.
13. The parties shall engage the Child/ren in individual counseling as necessary and follow the
counselor's recommendations.
14. During any periods of custody or visitation, the parties shall not possess or use illegal
substances or consume/be under the influence of alcoholic beverages to the point of
intoxication. The parties shall likewise assure, to the extent possible, that other household
members and/or house guests comply with this provision.
15. This Court shall maintain jurisdiction.
16. This Order is entered pursuant to 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.
B: yArd Court,
L J.
Distribution:
Joseph Hitchings, Esquire, Rossmoyne Business Center, 5000 Ritter Rd., Ste 202, Mechanicsburg, PA 17055
Michael Pykosh, Esquire, 2132 Market St., Camp Hill, PA 17011
? John J. Mangan, Esquire
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CHRISTOPHER PRIAR,
Plaintiff
V.
ALEXANDRA AUGUSTIN,
Defendant
Prior Judge: Edward E. Guido, J.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 07-1472 CIVIL ACTION LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8(b), the undersigned Custody Conciliator submits the following report:
1. The pertinent information pertaining to the Children who are the subject of this litigation is as
follows:
Name Date of Birth Currently in the Custody of
Gabriel Kole Priar 03/16/2004 Primary Mother
Emily Brea Renee Priar 03/20/2006 Primary Mother
2. A Conciliation Conference was held with regard to this matter on August 1, 2007, a hearing
was held in regard to Father's petition for special relief, an Order was issued August 12, 2009,
a conciliation conference was held August 21, 2009, an Order issued August 25, 2009, a
conference held October 16, 2009, a conference held May 27, 2010, an Order issued July 12,
2010, an Order issued August 30, 2010 allowing Mother to relocate to VA, an Order issued
September 10, 2010, an Order issued September 27, 2010, an Order issued December 03, 2010,
and a conference was held December 16, 2011 in regard to Father's petition for contempt with
the following individuals in attendance:
The Mother, Alexandra Augustin, with her counsel, Joseph Hitchings, Esq.
The Father, Christopher Priar, with his counsel, Michael Pykosh, Esq.
3. The parties have agreed to, and the undersigned recommends, the entry of an Order in the form
as attached.
Date
John J an, Esquire
Cust y onciliator
CHRISTOPHER PRIAR, IN THE COURT OF COMMON PLEAS
Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA <1}
_
?. r . 3
V. :
NO. 07-1472 CIVIL TERM
c >'? P
ALEXANDRA R. AUGUSTIN, CIVIL ACTION - LAW = r;
Defendant/Petitioner IN CUSTODY
?cW
PETITION TO TRANSFER JURISDICTION PURSUANT TO THE UNIFORM CHILD
CUSTODY JURISDICTION AND ENFORCEMENT ACT AND 23 PA.S.C. 5401 Et.
Seg.
AND NOW, this 3?day of April 2012, comes the Defendant/Petitioner, Alexandra R.
Augustin, by and through her undersigned attorney, Joseph L. Hitchings, Esquire, and avers in
support of her Petition to Transfer Jurisdiction as follows:
Petitioner and Respondent are the natural parents of two minor children, Gabriel
Kole Priar, born March 16, 2004 and Emily Brea Renee Priar, born March 20, 2006.
On April 14, 2010, Petitioner filed a Petition to Modify Custody with a request to
move the minor children with her to the State of Virginia.
Pursuant to an Order of this Honorable Court entered on December 3, 2010,
following a hearing, Mother was awarded primary physical custody of the minor children, and
authorized to move with the minor children to Virginia. Father was provided with periods of
partial physical custody. A true and correct copy of the December 3, 2010 Order is incorporated
herein and attached as Exhibit "A"
4. Petitioner currently resides with the minor children at 14818 Millicent Court,
Centreville, Fairfax County, Virginia 20120.
Petitioner and the children have resided continuously with the minor children in
the state of Virginia since December 2010.
6. Pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act (1997)
and 23 PA.C.S.A. § 5401 et.seg., Virginia is the Home State of the minor children.
As the Home State of the minor children, jurisdiction over custody of the minor
children is with the state of Virginia.
Pennsylvania is a likewise a non-convenient forum for the custody matter for both
the Petitioner and the minor children.
9. The Courts of the state of Virginia will not exercise jurisdiction over a custody
matter when a prior state has issued a Custody Order, unless that prior state relinquishes and
transfers jurisdiction to the Courts of the state of Virginia.
10. It is requested that the Court of Common Pleas of Cumberland County
Pennsylvania relinquish jurisdiction of this custody matter and transfer jurisdiction in this case to
the Circuit Court of Fairfax County Virginia.
WHEREFORE, Defendant/Petitioner, Alexandra R. Augustin, respectfully requests that
This Honorable Court grant her Petition and relinquish jurisdiction and transfer the same to the
Circuit Court of Fairfax County Virginia.
Respectfully Submitted,
LAW OFFICE OF JOSEPH L. HITCHINGS
Date: 41 - 3 - By9seph L. Hitchings, r
Attorney for Defendant/Petitio r
Attorney ID# 65551
5000 Ritter Road, Suite 202
Mechanicsburg, Pennsylvania 17055
Telephone: (717) 458-8123
Fax: (717) 790-6019
VERIFICATION
I, Alexandra R. Augustin, verify that the statements made in this Petition are true and
correct to the best of my knowledge information and belief and that I am authorized to make this
Verification. I understand that false statements herein are made subject to the penalties of 18
Pa.C.S. § 4904 relating to unworn falsification to authorities.
q) 131
Date
EXHIBIT "A"
CHRISTOPHER PRIAR, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 07-1472 CIVIL ACTION LAW
ALEXANDRA AUGUSTIN, IN CUSTODY
Defendant
ORDER OF COURT
AND NOW, this 3`d day of December, 2010, after hearing, it is hereby ORDERED AND
DIRECTED as follows:
1. Legal Custody: The Father, Christopher Priar, and the Mother, Alexandra Augustin, shall
have shared legal custody of Gabriel Kole Priar, born 03/16/2004 and Emily Brea Renee
Priar, born 03/20/2006. The parties shall have an equal right to make all major non-
emergency decisions affecting the Children's general well-being including, but not limited
to, all decisions regarding their health, education and religion. Pursuant to the terms of 23
Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to
the Children including, but not limited to, medical, dental, religious or school records, the
residence address of the Children and of the other parent. To the extent one parent has
possession of any such records or information, that parent shall be required to share the
same, or copies thereof, with the other parent within such reasonable time as to make the
records and information of reasonable use to the other parent. The parents shall notify
and share information regarding the Children's events and extra-curricular activities. It is
specifically ORDERED AND DIRECTED that Mother shall sign any documents necessary
to allow Father to access information regarding the children at their school and/or be
allowed to visit the children at their school.
2. Physical Custody:
a. During the school year, Mother shall have primary physical custody subject to
Father's periods of partial physical custody as follows:
i. Every other weekend from 7:00 p.m. Friday until 7:00 p.m. Sunday.
ii. From 6:00 p.m. until 8:00 p.m. any week night as long as Father gives
Mother at least 48 hours' notice. Said visitation to be exercised within 10
miles of Mother's residence.
iii. Each Thanksgiving from 6:00 p.m. Thanksgiving Day until 6:00 p.m. the
evening before Thanksgiving recess ends.
iv. Such other times as the parties agree.
b. Father shall have primary physical custody of the Children from 7:00 p.m. the
Friday after school is finished until 7:00 p.m. on the 14th day before school begins
subject to Mother's periods of partial physical custody as follows:
i. Every other weekend from Friday at 7:00 p.m. until Sunday at 7:00 p.m.
ii. Such other times as the parties may agree
3. Transportation: Except for the visitation set forth above in 2(a)(ii) above, the custodial
parent shall deliver the Children to the noncustodial parent.
4. Holidays: Absent an agreement of the parties to the contrary, the following holiday
schedule shall be observed and take precedence over the schedule set forth in 2 above:
a. Easter: Father shall have the Children from 6:00 p.m. the evening before Easter
until 6:00 pm. Easter night in even numbered years. Mother shall have the
Children from 6:00 p.m. the evening before Easter until 6:00 p.m. Easter night in
odd numbered years.
b. Father's Day: Father shall have the Children from 6:00 p.m. the evening before
until 6:00 p.m. the evening of Father's Day.
c. Mother's Day: Mother shall have the Children from 6:00 p.m. the evening before
until 6:00 p.m. the evening of Mother's Day.
d. Christmas Day: In even numbered years, Father shall have the Children from 4:00
p.m. on Christmas day until 6:00 p.m. New Year's Day. In odd numbered years,
Father shall have the Children from 4:00 Christmas Eve until 4:00 Christmas day.
5. The parties are specifically directed to not engage in any conflict, verbal or otherwise, or
to engage third parties in any conflict during custody exchanges.
6. The non-custodial parent shall have liberal telephone contact with the Children on a
reasonable basis. Said calls to the Children shall be between 7:00 pm and 8:00 pm and
the non-custodial parent shall talk to the Children one (1) time per day.
7. Each parent shall have one week of vacation with the Children per year. The requesting
parent shall give the other parent 30 days advance notice of the requested time and this
vacation week shall supersede the regular physical custody schedule. In the event the
parties schedule conflicting vacations, the party first providing written notice shall have the
choice of vacation. Prior to departure, the parties will provide each other with information
regarding the intended vacation destination and a telephone number at which they can be
reached during their vacation. Parties may expand this vacation time by mutual
agreement. Provided, however, that without Father's specific agreement, Mother shall not
schedule her vacation during Father's period of primary physical custody.
8. Neither party may say or do anything nor permit a third party to do or say anything that
may estrange the Children from the other party, or injure the opinion of the Children as to
the other party, or may hamper the free and natural development of the Children's love or
affection for the other party. To the extent possible, both parties shall not allow third
parties to disparage the other parent in the presence of the Children.
9. In the event of a medical emergency, the custodial party shall notify the other party as
soon as possible after the emergency is handled.
10. During any periods of custody or visitation, the parties shall not possess or use controlled
substances or consume/be under the influence of alcoholic beverages to the point of
intoxication. The parties shall likewise assure, to the extent possible, that other
household members and/or house guests comply with this provision.
11.This Court shall maintain jurisdiction.
Distribution: s Esquire
Joseph Hitching
Sheri Coover, Esquire
mlc
BY?thecourt
Edward E. Guido, I
TRUE COPY FROM RECORD
hereof,-i here unto set my hand
in and Testimony w w said rt of CBHisie, Pa?.??
? , of _.?
This s1 y of PrthonorY
04 1 .
Michael J. Pykosh, Esqut
2132 Market Street
Camp Hill, PA 17011
Respectfully Submitted,
LAW OFFICE OF JOSEPH L. HITCHINGS
By. ose h L. itching , uire
Date: p
Attorney for Defendant/Pe ioner
Attorney ID# 65551
5000 Ritter Road, suite 202
Mechanicsburg, Pennsylvania 17055
Telephone: (717) 458-8123
Fax: (717) 790-6019
CHRISTOPHER PoRIAR,
plaintiff/Respd
V.
ALEXANDRA R. AUGUSTIN,
Defendant/Petitioner
IN THE COURT OFCNMY ? NN yLVANIA
CUMBERLAND CO
. NO. 07-1472 CIVIL TERM
CIVIL ACTION -LAW
: IN CUSTODY
CERTIFICATE OF SERVICE
for the Defendant, Alexandra R. Augustin, do hereby
I, Joseph L. Hatchings, Esquire, Attorney
certify that I served a true and correct copy of the attached Petition by United States Mail, First Class,
Plaintiff s counsel listed below
certified mail, restricted delivery upon
id and by
postage prepa :
re
CHRISTOPHER PRIAR IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVAW
"
2007-1472 CIVIL ACTION LAW 22
ALEXANDRA AUGUSTIN
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'
IN CUSTODY -,
DEFENDANT C:>
-
n) '-
"°w Lam,
ORDER OF COURT
AND NOW, Monday, May 14, 2012 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, June 22, 2012 at 1:30 PM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/ John I. Mangy Jr., Esq
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
49/hpa/ 710
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Oo y
Pr
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CHRISTOPHER PRIAR,
Plaintiff
V.
ALEXANDRA R. AUGUSTIN
Defendant
Prior Judge: Edward E. Guido
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 07-1472 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this day of 12012, upon
consideration of the attached Petition, a hearing on this matter is scheduled for the day
of 2012, in Courtroom No. 3 of the Cumberland County
Courthouse, Carlisle, Pennsylvania. ?•? 'l? ??
BY THE COURT, d
Edward E. Guido, J
Distribution:
L/ Joseph L. Hitchings, Esquire
Michael J. Pykosh, Esquire
Prothonotary
3
//L
Michael J. Pykosh, Esquire
ID # 58851
Dethtefs-Pykosh Law Group, LLC
2132 Market Street
Camp Ml, Pennsylvania 17011
Telephone - (717) 975-9+446
Fax - (717) 975-2309
Plaintiff I Respondent
V.
''HE FROTH N*U
X312 MAY 23 PM 1: 39
CUPEKN SYLVAN A?
Attorney Plaintiff/ Respond
IN TW COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PE YLVANIA
No. 07-1472
ALEXANDRA AUGUSTIN, CIVIL ACTION LAW
Dint / Petitioner IN CUSTODY
REUSE TO PETITION TO TRANSFER JURISDICTION PUR T TO THE
UNIFORM' CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT AND 23
PA.S.C. §5401 Et. Seq. AND NEW MATTER
AND NOW, comes the Plaintiff / Respondent, Christopher Priar, by and through
his attorney, Michael J. Pykosh, Esquire and the Dethlefs-Pykosh Law Group, LLC, who
files this Response to Petition to Transfer Jurisdiction and avers as follows:
Admitted.
2. Admitted.
3. The Order entered on December 3, 2010, is a written document and
therefore speaks for itself. By the way of further response, Plaintiff / Respondent was
awarded "primary physical custody of the Children from 7:00 pm the Friday after school
is finished until 7:00 pm on the 14th day before school begins" pursuant to paragraph
3(b) of the December 3, 2010 Order.
4. Admitted. It is Admitted that Defendant / Petitioner currently resides with
the minor Children at 14818 Millicent Court, Centerville, Fairfax County,', Virginia
pursuant to the terms and conditions of the January 10, 2012 Order (a copy of said
Order is attached hereto and marked as "Exhibit "A"
-1-
5. Denied. It is specifically Denied that Defendant / Petitioner and the minor
Children have resided continuously in the state of Virginia since December, 2010. By
the way of further response, in accordance with paragraph 3(b) of the most recent Order
in this matter, dated January 12, 2012, Plaintiff / Respondent was awarded primary
physical custody during the Children's summer vacation from school, subject to
Defendant / Petitioner's periods of partial physical custody.
6. Denied. The averment as set forth in Paragraph 6 constitutes a
conclusion of law to which no response is required.
7. Denied. The averment as set forth in Paragraph 7 constitutes a
conclusion of law to which no response is required.
8. Denied. It is Denied that Pennsylvania is a likewise a non convenient
forum for the custody matter for both the Defendant / Petitioner and the minor Children.
By the way of further answer, transfer of jurisdiction from Cumberland County would
create a non-convenient forum for custody for Plaintiff / Respondent.
9. Denied. The averment as set forth in Paragraph 9 constitutes a
conclusion of law to which no response is required.
10. Denied. It is Denied that the Court of Common Pleas of Cumberland
County, Pennsylvania, should relinquished jurisdiction of this matter.
WHEREFORE, Plaintiff / Respondent, Christopher Priar, respectfully request this
Honorable Court enter an Order dismissing Defendant / Petitioner's Petition of Transfer
Jurisdiction and any other remedies the Court may deem appropriate.
-2-
Plaintiff / Respondent's Now Matter
11. The responds to Defendant / Petitioner's Petition to Transfer Jurisdiction
contained in paragraphs 1 through 10 are incorporated herein by reference thereto as
though herein set forth at length.
12. On or about December 3, 2010, an Order of Court was issued as a result
of a hearing with respect to a Modification Petition filed by Defendant / Petitioner,
Alexandra Augustin.
13. The purpose of the Modification Petition and hearing was to determine
whether Defendant / Petitioner would be permitted to move to Virginia as a result of the
reason of employment.
14. Defendant / Petitioner was permitted to move to Virginia pursuant to the
terms and conditions of the December 3, 2010 Order of Court.
15. On November 7, 2011, Plaintiff / Respondent, Christopher Priar, filed a
Petition for Contempt of Existing Custody Order in this matter as a result of difficulties
Plaintiff / Respondent was having with telephone contact with his Children along with
damaging remarks made by Defendant / Petitioner during a sporting / cheerleading
event in Virginia in the presents of the Children.
16. As a result of a said Petition for Contempt, the Order dated January 10,
2012, was entered by the Court.
17. On March 12, 2012, the undersigned counsel forwarded correspondence
to Defendant / Petitioner's Attorney indicating that Defendant / Petitioner was in violation
of the January 10, 2012, Order as a result of Defendant / Petitioner not taking steps with
regards to paragraph 12 of said Order to arrange counseling and also that Defendant /
-3-
Petitioner was continuing to deny Plaintiff / Respondent telephone communication with
the Children (a copy of said correspondence is attached hereto and marked as "Exhibit
„B„
18. On or about May 8, 2012, Plaintiff / Respondent filed a Petition of
Contempt of Existing Custody Order as a result of those items as set forth in the March
12, 2012 correspondence not being remedied by Defendant / Petitioner.
19. It is believed and therefore averred that the Defendant / Petitioner's
purpose in attempting to transfer jurisdiction is to further separate and sever contact
between the Children and Plaintiff / Respondent.
20. It is believed and therefore averred that the best interest of the Children
will not be served by the transfer of jurisdiction from Cumberland County, Pennsylvania.
WHEREFORE, Plaintiff / Respondent, Christopher Priar, respectfully request this
Honorable Court enter an Order dismissing Defendant / Petitioner's Petition of Transfer
Jurisdiction and any other remedies deemed appropriate.
Date: ?2,3
Respectfully Submitted,
M chael J. Pykosh, Esquire
I.D. # 58851
Dethlefs-Pykosh Law Group, LLC
2132 Market Street
Camp Hill, Pennsylvania 17011
Telephone: (717) 975-9446
Attorney for Plaintiff / Respondent
-4-
CHRISTOPHER PRIAR, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 07-1472 CIVIL ACTION LAW
ALEXANDRA AUGUSTIN, IN CUSTODY
Defendant
Prior Judge; Edward E. Guido, J.
ORDER OF COURT
AND NOW this day of January 2012, upon consideration of the attached Custody
Conciliation Report, it is Ordered and Directed as follows:
3
All prior Orders entered in this matter are hereby VACATED and replaced with this Order.
Father's Petition for Contempt is hereby DISMISSED without prejudice.
Legal Custody: The Father, Christopher Priar, and the Mother, Alexandra Augustin, shall have
shared legal custody of Gabriel Kole Priar, born 03/16/2004 and Emily Brea Renee Priar, born
03/20/2006. The parties shall have an equal right to make all major non-emergency decisions
affecting the Children's general well-being including, but not limited to, all decisions regarding
their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent
shall be entitled to all records and information pertaining to the Children including, but not
limited to, medical, dental, religious or school records, the residence address of the Children
and of the other parent. To the extent one parent has possession of any such records or
information, that parent shall be required to share the same, or copies thereof, with the other
parent within such reasonable time as to make the records and information of reasonable use to
the other parent. The parents shall notify and share information regarding the Children's
events and extra-curricular activities. It is specifically ORDERED and DIRECTED that
Mother shall sign any documents necessary to allow Father to access information regarding the
Children at their school and/or be allowed to visit the Children at their school and to attend the
Children's extra-curricular activities. Father shall notify Mother 24 hours in advance by email
or text of his intention to attend the Children's extra-curricular activities. Each parent shall
inform the other parent of any changes in residences and provide the residence address.
Physical Custody:
a. During the school year, Mother shall have primary physical custody subject to
Father's periods of partial physical custody as follows:
i. Every other weekend from 7:00 pm Friday until 7:00 pm Sunday.
ii. From 6:00 pm until 8:00 pm any week night as long as Father gives Mother at
least 48 hours' notice. Said visitation to be exercised within 10 miles of Mother's
b
residence.
iii. Each Thanksgiving from 6:00 pm Thanksgiving Day until 6:00 pm the evening
before Thanksgiving recess ends.
iv. Such other times as the parties agree.
Father shall have primary physical custody of the Children from 7:00 pm the Friday
after school is finished until 7:00 pm on the 14th day before school begins subject to
Mother's periods of partial physical custody as follows:
i. Every other weekend from Friday at 7:00 pm until Sunday 7:00 pm.
ii. Such other times as the parties may agree.
4. Transportation: Except for the visitation set forth above in 3(a)(ii), absent agreement
otherwise, the parents shall meet approximately half way for the custody exchanges at the
Sheetz convenience store in Thurmont, MD.
5. Holidays: Absent agreement of the parties to the contrary, the following holiday schedule shall
be observed and take precedence over the schedule set forth in 3 above:
a. Easter: Father shall have the Children from 6:00 pm the evening before Easter until 6:00
pm Easter night in even numbered years. Mother shall have the Children from 6:00 pm the
evening before Easter until 6:00 pm Easter night in odd numbered years.
b. Father's Day: Father shall have the Children from 6:00 pm the evening before until 6:00
pm the evening of Father's Day.
c. Mother's Day: Mother shall have the Children from 6:00 pm the evening before until 6:00
pm the evening of Mother's Day.
d. Christmas Day: In even numbered years, Father shall have the Children from 4:00 pm on
Christmas Day until 6:00 pm New Year's Day. In odd numbered years, Father shall have
the Children from 4:00 pm Christmas Eve until 4:00 pm Christmas Day.
6. The parties are specifically directed to not engage in any conflict, verbal harassment or
otherwise, or to engage third parties in any conflict, during custody exchanges or in the
presence of each other; especially when the Children are present.
7. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable
basis. Said calls to the Children shall be between 7:00 pm and 7:45 pm and the non-custodial
parent shall talk to the Children one (1) time per day. Any missed call shall be returned
promptly.
8. Each parent shall have one week of vacation with the Children per year. The requesting parent
shall give the other parent 30 days advance notice of the requested time and this vacation week
shall supersede the regular physical custody schedule. In the event the parties'schedule
conflicting vacations, the party first providing written notice shall have the choice of vacation.
Prior to departure, the parties will provide each other with information regarding the intended
vacation destination and a telephone number at which they can be reached during their
vacation. The parties may expand this vacation time by mutual agreement. Provided, however,
that without Father's specific agreement, Mother shall not schedule her vacation during
Father's period of primary physical custody.
9. Neither party may say or do anything nor permit a third party to do or say anything that may
estrange the Children from the other party, or injure the opinion of the Children as to the other
party, or may hamper the free and natural development of the Children's love or affection for
the other party. To the extent possible, both parties shall not allow third parties to disparage
the other parent in the presence of the Children.
10. In the event of a medical emergency, the custodial party shall notify the other party as soon as
possible after the emergency is handled.
11. Neither parent shall attempt to influence the Children in regard to their preference for custody.
12. The parties have agreed to, and are strongly encouraged, to engage in therapeutic family
counseling with a qualified professional. The cost of said counseling, after appropriate
payment through insurance, shall be split equally between the parties. Mother shall contact and
set up an appointment within ten days of the instant Order.
13. The parties shall engage the Child/ren in individual counseling as necessary and follow the
counselor's recommendations.
14. During any periods of custody or visitation, the parties shall not possess or use illegal
substances or consume/be under the influence of alcoholic beverages to the point of
intoxication. The parties shall likewise assure, to the extent possible, that other household
members and/or house guests comply with this provision.
15. This Court shall maintain jurisdiction.
16. This Order is entered pursuant to 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.
B e Court,
J.
Distribution:
Joseph Hitchings, Esquire, Rossmoyne Business Center, 5000 Ritter Rd., Ste 202, Mechanicsburg, PA 17055
Michael Pykosh, Esquire, 2132 Market St., Camp Hill, PA 17011
John J. Mangan, Esquire
TRUE COPY FROM RECORD
M Testimony wtwreof, i here unto set my hand
and the seal of said Cow at Cadisle, Pa.
This %1 day of , 20 L
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DETHLEFS-PYKOSH LAW GROUP, LLC
Darrell C. Dethlefs*
Of Counsel
Michael J. Pykosh* 2132 Market Street John R. Loganx"
Bryan W. Shook Camp Hill, PA 17011 Paul D. Daggs
Melanie L. Erb Phone: (717) 975-9446 Legal Staff
Heather N. Orisko Toll Free: (800) 287- 1202 Sherry L. Deckman*
Charles J. Hartwell Fax: (717) 975-2309 Crystal L. Mahoney
E-mail: ddethlefs?c)iaol.com Susan E. Disbrow
wwwAplglaw.com Christopher.). Damone
'Licensed P;1 "Fide ,deenis **II&WIted to the N/ Bar
March 12., 2012
Joseph L. Hitchings, Esquire
Law Office of Joseph L. Hitchings
Rossmoyne Business Center
5000 Ritter Road, Suite 202
Mechanicsburg, PA 17055
RE: Priar v Augustin
No.: 07-1472 - Civil Terni
Dear Mr. Hitchings:
I am writing to you as a result of Ms. Augustin failure to comply with the Order dated
January 10, 2012. It is my understanding that she has not taken steps to arrange for
counseling that was agreed upon at the Custody Conciliation. Item 12 of the Order
specifically indicates that she was to take such steps within ten (10) days of the date of
the Order.
Additionally, Ms. Augustin continues to fail to return Mr. Priar's phone calls. Since the
time of the Custody Conciliation, Mr. Priar has only been able to speak with the children
approximately three (3) times even though he calls several times a week.
Also, there was an incident that occurred on Sunday, March 4, 2012. During the drop-off
at Sheetz in Virginia, Mr. Priar's mother attempted to give your client one of the
children's bag of belongings and Ms. Augustin made an outburst of inappropriate
language and refused to leave her car to receive the children.
Please note that if this activity continues, we will file another Contempt Petition. Please
let me know if your client will comply with the January 10, 2012 Court Order. If you
have any questions or need any additional information, please feel free to contact me.
ours,
Very r
Mich yko
sh
MJP/clrn
White Rose Business Center 100 Lincoln Way East, Ste. A
I E. Market Street, Ste. 201 A Debt Relief Agency Chambersburg, PA 17201
York, PA 17401
The Dethlefs-Pykosh Law Group, LLC - "Your Full Service Law Firm"
VERIFICATION
I, CHRISTOPHER PRIAR, verify that the statements made in the foregoing
Response to Petition to Transfer Jurisdiction are true and correct. 1 understand that
false statements made herein are subject to the penalties of 18 Pa.C.S. §4904, relating
to unsworn falsification to authorities.
1ST ER P MAR
DATE
-5-
Plaintiff / Respondent . CUMBERLAND COUNTY, PENNSYLVANIA
V.
No. 07-1472
ALEXANDRA AUGUSTIN, CIVIL ACTION - LAW
Dstendent I Petitioner IN CUSTODY
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Response to Petition to Transfer
Jurisdiction, was hereby served by depositing the same within the custody of the
United States Postal Service, First Class, postage prepaid, addressed as follows:
Joseph L. Hitchings, Esquire
Law Office of Joseph L. Hitchings
Rossmoyne Business Center
5000 Ritter Road, Suite 202
Mechanicsburg, PA 17055
Respectf;*j$ubmitted,
Date: 5 f -13 1 Z
Michael J. Pykosh, Esquire
I. D. # 58851
2132 Market Street
Camp Hill, Pennsylvania 17011
Attorney for Plaintiff / Respondent
-6-
?J
CHRISTOPHER PRIAR, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 074472 CIVIL ACTION LAW
ALEXANDRA AUGUSTIN, IN CUSTODY
Defendant
Prior Judge; Edward E. Guido, J.
ORDER OF COURT
AND NOW this 3 Ov-? day of July 2012, upon consideration of the attached Custody
Conciliation Report, it is Ordered and Directed as follows:
Father's concerns regarding family counseling and telephone calls shall be addressed at
hearing regarding jurisdiction on July 11, 2012 at 1:30 pm.
2. Legal Custody: The Father, Christopher Priar, and the Mother, Alexandra Augustin, shall
shared legal custody of Gabriel Kole Priar, born 03/16/2004 and Emily Brea Renee Priar,
03/20/2006. The parties shall have an equal right to make all major non-emergency decisi
affecting the Children's general well-being including, but not limited to, all decisions rega
their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each pares
shall be entitled to all records and information pertaining to the Children including, but no
limited to, medical, dental, religious or school records, the residence address of the Childr
and of the other parent. To the extent one parent has possession of any such records or
information, that parent shall be required to share the same, or copies thereof, with the oth
parent within such reasonable time as to make the records and information of reasonable L
the other parent. The parents shall notify and share information regarding the Children's
events and extra-curricular activities. It is specifically ORDERED and DIRECTED that
Mother shall sign any documents necessary to allow Father to access information regardin
Children at their school and/or be allowed to visit the Children at their school and to atten,
Children's extra-curricular activities. Father shall notify Mother 24 hours in advance by e
or text of his intention to attend the Children's extra-curricular activities. Each parent sha
inform the other parent of any changes in residences and provide the residence address.
Physical Custody:
a. During the school year, Mother shall have primary physical custody subject to
Father's periods of partial physical custody as follows:
i. Every other weekend from 7:00 pm Friday until 7:00 pm Sunday.
ii. From 6:00 pm until 8:00 pm any week night as long as Father gives Mothe
least 48 hours' notice. Said visitation to be exercised within 10 miles of Moth
residence.
iii. Each Thanksgiving from 6:00 pm Thanksgiving Day until 6:00 pm the eN
before Thanksgiving recess ends.
iv. Such other times as the parties agree.
b. Father shall have primary physical custody of the Children from 7:00 pm the
after school is finished until 7:00 pm on the 140' day before school begins sul
Mother's periods of partial physical custody as follows:
to
the
the
sail
)S
to
i. Every other weekend from Friday at 7:00 pm until Sunday 7:00 pm.
ii. Such other times as the parties may agree.
4. Transportation: Except for the visitation set forth above in 3(a)(ii), absent agreement
otherwise, the parents shall meet approximately half way for the custody exchanges at the
Sheetz convenience store in Thurmont, MD.
Holidays: Absent agreement of the parties to the contrary, the following holiday schedule
be observed and take precedence over the schedule set forth in 3 above:
a. Easter: Father shall have the Children from 6:00 pm the evening before Easter until 6:00
pm Easter night in even numbered years. Mother shall have the Children from 6:00 p the
evening before Easter until 6:00 pm Easter night in odd numbered years.
b. Father's Day: Father shall have the Children from 6:00 pm the evening before until 6:)0
pm the evening of Father's Day.
c. Mother's Day: Mother shall have the Children from 6:00 pm the evening before until 5:00
pm the evening of Mother's Day.
d. Christmas Day: In even numbered years, Father shall have the Children from 4:00 pm on
Christmas Day until 6:00 pm New Year's Day. In odd numbered years, Father shall h ve
the Children from 4:00 pm Christmas Eve until 4:00 pm Christmas Day.
6. The parties are specifically directed to not engage in any conflict, verbal harassment or
otherwise, or to engage third parties in any conflict, during custody exchanges or in the
presence of each other; especially when the Children are present.
7. The non-custodial parent shall have liberal telephone contact with the Children on a rea;
basis. Said calls to the Children shall be between 7:00 pm and 7:45 pm and the non-cus
parent shall talk to the Children one (1) time per day. Any missed call shall be returned
promptly.
8. Each parent shall have one week of vacation with the Children per year. The requesting
shall give the other parent 30 days advance notice of the requested time and this vacation
shall supersede the regular physical custody schedule. In the event the parties schedule
conflicting vacations, the party first providing written notice shall have the choice of vacs
Prior to departure, the parties will provide each other with information regarding the inter
vacation destination and a telephone number at which they can be reached during their
vacation. The parties may expand this vacation time by mutual agreement. Provided, ho
that without Father's specific agreement, Mother shall not schedule her vacation during
Father's period of primary physical custody.
9. Neither party may say or do anything nor permit a third party to do or say anything that in
estrange the Children from the other party, or injure the opinion of the Children as to the c
party, or may hamper the free and natural development of the Children's love or affection
the other party. To the extent possible, both parties shall not allow third parties to dispar,
the other parent in the presence of the Children.
10. In the event of a medical emergency, the custodial party shall notify the other party as sooi as
possible after the emergency is handled.
11. Neither parent shall attempt to influence the Children in regard to their preference for custody.
12. The parties have agreed to, and are strongly encouraged, to engage in therapeutic family
counseling with a qualified professional. The cost of said counseling, after appropriate
payment through insurance, shall be split equally between the parties.
13. The parties shall engage the Childlren in individual counseling as necessary and follow
counselor's recommendations.
14. During any periods of custody or visitation, the parties shall not possess or use illegal
substances or consume/be under the influence of alcoholic beverages to the point of
intoxication. The parties shall likewise assure, to the extent possible, that other household
members and/or house guests comply with this provision.
15. Relocation. The parties are advised that neither party shall hereafter relocate the child or
children if such relocation will significantly impair the ability of a non-relocating party to
exercise his or her custodial rights unless (a) every person who has custodial rights to the
child/children consents to the proposed relocation or (b) the court approves the proposed
relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S.
§5337.
16. This Order is entered pursuant to a. Custody Conciliation Conference. The parties may
the provisions of this Order by mutual consent. In the absence of mutual consent, the t
this Order shall control.
B e court,
Distribution:
Joseph Hitchings, Esquire, Rossmoyne Business Center, 5000 Ritter Rd., Ste 202,
/ Michael Pykosh, Esquire, 2132 Market St., Camp Hill, PA 17011
John J. Mangan, Esquire
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CHRISTOPHER PRIAR.,
Plaintiff
V.
ALEXANDRA AUGUSTIN,
Defendant
Prior Judge: Edward E. Guido, J.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 07-1472 CIVIL ACTION LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCED
1915.3-8(b), the undersigned Custody Conciliator submits the following report:
1. The pertinent information pertaining to the Children who are the subject of this litigation i? as
follows:
Name Date of Birth Currently in the
Gabriel Kole Priar 03/16/2004 Primary
Emily Brea Renee Priar 03/20/2006 Primary
2. A Conciliation Conference was held with regard to this matter on August 1, 2007, a heari
was held in regard to Father's petition for special relief, an Order was issued August 12,
a conciliation conference was held August 21, 2009, an Order issued August 25, 2009, a
conference held October 16, 2009, a conference held May 27, 2010, an Order issued July
2010, an Order issued August 30, 2010 allowing Mother to relocate to VA, an Order issu
September 10, 2010, an Order issued September 27, 2010, an Order issued December 03,
a conference was held December 16, 2011, an Order issued January 10, 2012 and a confe
was held June 22, 2012 in regard to Father's petition for contempt with the following
individuals in attendance:
The Mother, Alexandra Augustin, with her counsel, Joseph Hitchings, Esq.
The Father, Christopher Priar, with his counsel, Michael Pykosh, Esq.
3. The parties have agreed to, and the undersigned recommends, the entry of an Order in the
as attached.
Date John M gan, Esquire
Cus dy onciliator
of
2,
10,
CHRISTOPHER PRIAR, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 07-1472 CIVIL TERM
ALEXANDRA AUGUSTIN,
Defendant IN CUSTODY
ORDER OF COURT
AND NOW, this 11th day of July, 2012, after
hearing, the Petition for Contempt is DISMISSED.
The parties are directed to e-mail each other
a daily basis regarding their children for the next 90 days.
The e-mail shall be initiated by the parent with primary
physical custody and shall be responded to within 24 hours by
the other parent. The parties are directed to save copies of
the e-mails to be presented as an exhibit at any future heari:
in this matter.
By the Court,
Edward E. Guido, J.
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'Michael J. Pykosh, Esquire rnCo C_
Attorney for Plaintiff =M rr--
I/Joseph L. Hitchings, Esquire ,n
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Attorney for Defendant < U
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CHRISTOPHER PRIAR, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 07-1472 CIVIL TERM
ALEXANDRA AUGUSTIN,
Defendant IN CUSTODY
ORDER OF COURT
AND NOW, this 11th day of July, 2012, it is
specifically ordered and directed that Father shall within 30
days make arrangements for co-parenting counseling to occur i
Fairfax County, Virginia. Father may participate in said
counseling sessions by phone unless the counselor thinks that
would not be appropriate. The parties shall share the cost o:
said counseling. Father shall front all payments for the
counselor, with one half to be credited against his child
support.
By the Court,
Edward E. Guido, J.
Michael J. Pykosh, Esquire
Attorney for Plaintiff
? Joseph L. Hitchings, Esquire
Attorney for Defendant
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CHRISTOPHER PRIAR, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 07-1472 CIVIL TERM
ALEXANDRA AUGUSTIN,
Defendant IN CUSTODY
ORDER OF COURT
AND NOW, this 11th day of July, 2012, after
hearing, Mother's Request for this Court to Relinquish
Jurisdiction is DENIED.
By the Court,
Edward E. Guido, J.
Michael J. Pykosh, Esquire n
Attorney for Plaintiff
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Joseph L. Hitchings, Esquire - --r
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Attorney for Defendant =;v r-
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