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HomeMy WebLinkAbout01-05528:.. . ~, ,~a.,,,..., Randy L. Cousins, Plaintiff vs. Susan L. Cousins, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, OF PENNSYLVANIA IN CUSTODY EMERGENCY EX PARTE ORDER AND NOW, to wit, this day of 2001, upon Application for Emergency Ex Parte Order, temporary custody of the minor child, Trevor Cousins, is granted to the Father, with visitation rights for the Mother to be determined at a subsequent hearing. It is further ordered that the Mother shall not remove or attempt to remove the child from school or babysitters or any other place. A copy of this Order shall be delivered to the school that the child attends. BY THE COURT: J. Randy L. Cousins, Plaintiff vs. Susan L. Cousins, Defendant APPLICATION FOR IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, OF PENNSYLVANIA No. ~t'S~a O GLV i' IN CUSTODY EX PARTE CUSTODY ORDER c~ ~. _ C r._ t-:' v ~ ~ ? m;-; , - :. U -. cr7_` r,~ - . -~,. .. ' C:~ _ ~ yti '. -~ `" C~ -i7 The Plaintiff, Randy L. Cousins, by his Attorney, James M. Bach, hereby files within Application for Emergency Ex Parte Custody Order: 1. The natural parents of the child herein, Trevor Cousins, are the Plaintiff and the Defendant respectively. 2. The child, Trevor Cousins, was born on 1/30/96 and is now 5 years and 9 months old. The Father and the child have lived together in Cumberland County, Pennsylvania at 386 Pin Oak Lane, Carlisle, PA 17013, since April of 1998. 3. From February 1997 until April 1998, Trevor and his Father lived with the Father's sister and brother until such time as the Father purchased a mobile home wherein Trevor and his Father have lived continuously since that time. 4. Trevor has been in the continuous custody of his natural Father, Randy L. Cousins, since he has been 2 .. years of age. He has not lived with his Mother, Susan L. Cousins, since sometime before February 1997. 5. Susan L. Cousins has threatened to remove the child from the babysitter and/or school and take physical custody of him. 6. The Father herein fears that the Mother will remove or attempt to remove the child from school. As a result of the fear and apprehension regarding the Mother's stated purposes, Father needs this Ex Parte Custody Order in order to alert school officials of his situation. 7. The best interest, health and welfare of the child dictate that he remain in custody, full-time, of his Father, as it has been for many years. 8. This Court should enter an Ex Parte Order prohibiting the natural Mother herein, Susan L. Cousins, from removing the child from school and attempting to change schools and removing the child from a babysitter or attempting to remove the child from,a babysitter and removing the child from the Father's custody, pending a further hearing of this Court. FORE, your Petitioner, Randy L. Cousins, respectfully prays that this Court enter an Emergency Ex Parte Order granting temporary legal custody of the child to the Father, with visitation rights to the Mother to be determined at a subsequent hearing, and that the Mother not be allowed to remove the child from school, babysitter or any other place, pending further hearing of this Court. ~:.~.. Respectfully submitted, JAMES BACH, SQUIRE Attorney I.D.# 18727 352 S. Sporting Hill Road Mechanicsburg, PA 17050 (717)737-2033 ._.. _ .............~W..4_,.__. .. .. -~~:.~. V Randy L. Cousins, IN fiHE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, OF PENNSYLVANIA vs. No. Susan L. Cousins, Defendant IN CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached COMPLAINT, it is hereby directed that the parties and their respective Counsel appear before the Conciliator, at on the_ day of 199_, at a.m./p.m., for a Pre- Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a temporary Order. All children aged five or older may also be present at the conference. Failure to appear at. the conference may provide grounds for entry of a temporary or permanent Order. FOR THE COURT: BY CUSTODY CONCILIATOR YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE THIS OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: OFFICE OF THE COURT ADMINISTRATOR CUMBERLAND COUNTY COURT HOUSE FOURTH FLOOR ONE COURT HOUSE SQUARE CARLISLE, PA 17013 (717)240-6200 Randy L. Cousins, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, OF PENNSYLVANIA vs. Susan L. Cousins, Defendant No. IN CUSTODY COMPLAINT FOR CUSTODY C3 c. , ; c. cn rnrr; L ~:: _o - z~ :tea , - r_ C _ _ ="~ ~" c .: to -~ r~ -. AND NOW comes the Plaintiff, Randy L. Cousins, by his/her Attorney, JAMES M. BACH, and respectfully represents as follows: 1. The Plaintiff is Randy L. Cousins, residing at 386 Pin Oak Lane Carlisle, PA 17013. 2. The Defendant is Susan L. Cousins, residing at RR #2, Box 279-5 Newport, PA 17074. 3. Plaintiff seeks custody of the following child: 4. The child is presently in the custody of Randy L. Cousins, who lives at 386 Pin Oak Lane, Carlisle, PA 17013. 5. The natural Mother of the child is Susan L. Cousins. 6. The natural Father of the child is Randy L. Cousins. 7. The relationship of Plaintiff to the child is that of Father. 8. The relationship of Defendant to the child is that of Mother. 9. The Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the child in this, or any other Court. 4 ,.y.~ 10. Plaintiff has no information of a 'custody proceeding concerning the custody of said child pending in a Court of this Commonwealth, or in any other jurisdiction. 11. Plaintiff does not know of a person, not a party to the proceedings, who has physical custody of the child, or claims to have custody or visitation rights with respect to the child. 12. The best interest and permanent welfare of the child will be served by granting the relief requested, because the Plaintiff can provide a stable and wholesome home environment for the child. 13. Each parent whose parental rights of the child have not been terminated, and the person who has physical custody of the child, have been named as parties to the action. Further, the child has lived exclusively with the father since the child was age 2. WHEREFORE, Plaintiff requests this Honorable Court to enter an Order, granting Plaintiff primary physical custody of the subject minor child: Respectfully submitted, DATE: September 24, 2001 By ~~'" ~ "`~ `-' AMES M. EACH, ESQUIRE Attorney I.D.# 18727 352 S. Sporting Hill Rd. MECHANICSBURG, PA 17055 (717)737-2033 1~ _;~ ~:~ T ,~,~ ~~ ~ `~' i ~ ~ ~ r 1'r ~ ~ N c~ ~ ~o ati ~~~ =a m=a ~, ~~~ ~o~ ~ ~- U_ ~ ~ C i ~ L ~ N N Q M ~n u> -o 0 Q =a L U m ~ ~ w ~ OJ ~ ~ ~ fl- U ~ C -~j ~ L N U N Q M ;. 0 Randy L. Cousins, Plaintiff vs. Susan L. Cousins, Defendant SEP 2of ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, OF PENNSYLVANIA No. ®~"`v~~V ~LX~ IN CUSTODY EMERGENCY EX PARTE ORDER AND NOW, to wit, this day of 2001, upon Application for Emergency Ex Parte Order, temporary custody of the minor child, Trevor Cousins, is granted to the Father, with visitation rights for the Mother to be determined at a subsequent hearing. It is further ordered that the Mother shall not remove or attempt to remove the child from school or babysitters or any other place. A copy of this Order shall be delivered to the school that the child attends. BY THE COURT: J. ~A.. ~;. A z ,~ Randy L. Cousins, Plaintiff vs. Susan L. Cousins, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, OF PENNSYLVANIA IN CUSTODY.. L. APPLICATION FOR EMERGENCY EX PARTE CUSTODY ORDER The Plaintiff, Randy L. Cousins, by his Attorney, James M. Bach, hereby files within Application for Emergency Ex Parte Custody Order: 1. The natural parents of the child herein, Trevor Cousins, are the Plaintiff and the Defendant respectively. 2. The child, Trevor Cousins, was born on 1/30/96 and is now 5 years and 9 months old. The Father and the child have lived together in Cumberland County, Pennsylvania at 386 Pin Oak Lane, Carlisle, PA 17013, since April of 1998. 3. From February 1997 until April 1998, Trevor and his Father lived with the Father's sister and brother until such time as the Father purchased a mobile home wherein Trevor and his Father have lived continuously since that time. 4. Trevor has been in the continuous custody of his natural Father, Randy L. Cousins, since he has been 2 w.~ss years of age. He has not lived with his Mother, Susan L. Cousins, since sometime before February 1997. 5. Susan L. Cousins has threatened to remove the child from the babysitter and/or school and take physical custody of him. 6. The Father herein fears that the Mother will remove or attempt to remove the child from school. As a result of the fear and apprehension regarding the Mother's stated purposes, Father needs this Ex Parte Custody Order in order to alert school officials of his situation. 7. The best interest, health and welfare of the child dictate that he remain in custody, full-time, of his Father, as it has been for many years. 8. This Court should enter an Ex Parte Order prohibiting the natural Mother herein, Susan L. Cousins, from removing the child from school and attempting to change schools and removing the child from a babysitter or attempting to remove the child from a babysitter and removing the child from the Father's custody, pending a further hearing of this Court. WHEREFORE, your Petitioner, Randy L. Cousins, respectfully prays that this Court enter an Emergency Ex Parte Order granting temporary legal custody of the child to the Father, with visitation rights to the Mother to be determined at a subsequent hearing, and that the Mother not be allowed to remove the child from school, babysitter or any other place, pending further hearing of this Court. Respectfully submitted, / e~_ JAMES BACH, SQUIRE Attoraeg I.D.# 18727 352 S. Sporting Hill Road Mechanicsburg, PA 17050 (717)737-2033 $ ,:`h~'~.~i4d iWr.~'Ys~r~ 9ya~q!E~+W~#~°.kt~ Eix fi=~~ ft~.~9~)S~6E14tAt~:'s8-- 6~-- _ _ ..,.:. .. .,: ~-~ ~-~ ~ ~ ~ 6~' Uv ~> ~-. <f_ _- -~, ~L ~~ ~~ - ~~. , ~r, - r' ~ _. .. ' : , ~ , N _ ~ Randy L. Cousins, Plaintiff vs. Susan L. Cousins, _ Defendant SEP 2 7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, OF PENNSYLVANIA No . ~~- ~1~C~ v IN CUSTODY EMERGENCY EX PARTE ORDER AND NOW, .to wit, this day of 2001, upon Application for Emergency Ex Parte Order, temporary custody of the minor child, Trevor Cousins, is granted to the Father, with visitation rights for the Mother to be determined at a subsequent hearing. It is further ordered that the Mother shall not remove or attempt to remove the child from school or babysitters or any other place. A copy of this Order shall be delivered to the school that the child attends. BY THE COURT: J. Randy L. Cousins, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, OF PENNSYLVANIA V S . C? C r' C. -ri ccyy //~~ i Susan L. Cousins, ~'~~- ~~~ '"`~ Defendant IN CUSTODY Gs- N ,_ ?' ' ~._ r ~ 'r - - y'f-~ ~ C) ~ ~_ '-.-~-. - C. .. _ "~ ~' ",i -< cx~ APPLICATION FOR EMERGENCY EX PARTE CUSTODY ORDER The Plaintiff, Randy L. Cousins, by his Attorney, James M. Bach, hereby files within Application for Emergency Ex Parte Custody Order: 1. The natural parents of the child herein, Trevor Cousins, are the Plaintiff and the Defendant respectively. 2. The child, Trevor Cousins, was born on 1/30/96 and is now 5 years and 9 months old. The Father and the child have lived together in Cumberland County, Pennsylvania at 386 Pin Oak Lane, Carlisle, PA 17013, since April of 1998. 3. From February 1997 until April 1998, Trevor and his Father lived with the Father's sister and brother until such time as the Father purchased a mobile home wherein Trevor and his Father have lived continuously since that time. 4. Trevor has been in the continuous custody of his natural Father, Randy L. Cousins, since he has been 2 years of age. He has not lived with his Mother, Susan L. Cousins, since sometime before February 1997. 5. Susan L. Cousins has threatened to remove the child from the babysitter and/or school and take physical custody of him. 6. The Father herein fears that the Mother will remove or attempt to remove the child from school. As a result of the fear and apprehension regarding the Mother's stated purposes, Father needs this Ex Parte Custody Order in order to alert school officials of his situation. 7. The best interest, health and welfare of the child dictate that he remain in custody, full-time, of his Father, as it has been for many years. 8. This Court should enter an Ex Parte Order prohibiting the natural Mother herein, Susan L. Cousins, from removing the child from school and attempting to change schools and removing the child from a babysitter or attempting to remove the child from a babysitter and removing the child from the Father's custody, pending a further hearing of this Court. WHEREFORE, your Petitioner, Randy L. Cousins, respectfully prays that this Court enter an Emergency Ex Parte Order granting temporary legal custody of the child to the Father, with visitation rights to the Mother to be determined at a subsequent hearing, and that the Mother not be allowed to remove the child from school, babysitter or any other place, pending further hearing of this Court. Respectfully submitted, JAMES SACH, ^SQUIRE Attorney I.D.# 18727 352 S. Sporting Hill Road Mechanicsburg, PA 17050 (717)737-2033 RANDY L. COUSINS, : IN THE COURT OF COMMON PLEAS OF Plaintiff vii. :CUMBERLAND COUNTY, PENNSYLVANIA SUSAN L. COUSINS, NO 01-5528 CIVIL Defendant IN CUSTODY RULE TO SHOW CAUSE By the Court, AND NOW, this ~~ day of October, 2001, upon consideration of Defendant's Answer and Counterclaim filed in response to Plaintiffls Application for Emergency Ex Parte Custody Order, a Rule is entered on Plaintiff to show cause why the relief requested by Defendant should not be granted. The rule is returnable at a conference in chambers on the __ ~~~ day of October 2001, at ~ ' ~ ~t . m. in the Cumberland,County Courthouse. Joan Carey, Attorney for Defendant MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 James M. Bach, Attorney for Plaintiff 352 South Sporting Hill Rd Mechanicsburg , PA 17050 ~~ ~~5 ,o \ ~ ~~~a~ '~'~' \ Co ~~.o~ '~ ~~ s^ ~- [J ~~ ;,., : . ~ 7 ,~ ~~ RANDY L. COUSINS, : IN THE COURT OF COMMON PLEAS OF Plaintiff vi. :CUMBERLAND COUNTY, PENNSYLVANIA SUSAN L. COUSINS, NO 01-5528 CIVIL Defendant IN CUSTODY ANSWER AND COUNTERCLAIM Defendant, Susan L. Cousins, by and through her attorney, Joan Carey, answers Plaintiffls Petition for Emergency Ex Parte Custody Order as follows: 1. Admitted. 2. Admitted in part; denied in part. It is denied that the child has lived with the father since April of 1998. In fact, since approximately January of 2001, Defendant/Mother and Plaintiff/Father have shared physical custody of the child on a week on/week off basis. 3. Denied. From the mother and father's separation in approximately February of 1997 until approximately April of 1998 the father and the child lived with the father's brother and his girlfriend. The mother had regular periods of custody including weekends and other agreed upon times during this period. From 1998 until January 2001 the father lived with the child and the mother had regular periods of custody including weekends and other agreed upon times. From January 2001 until August 11, 2001, the mother and father shared custody of the child on a week/on week/off basis. From August 11, 2001, through August 25, 2001, the child resided with the mother and her three other children, Trevor's half siblings. __ u,,,.. ,, 4. Denied. See paragraphs 3 and 4 above. 5. Denied. The mother never threatened to remove the child from school. On or about August 11, 2001, the mother asked the father to return the child to her custody because Cumberland County Children and Youth Services told her and the father that this would be advisable to insure his safety during the investigation of an allegation of sexual abuse by the father against the mother's daughter, Hayley Toy. The mother did, however, remove the child from the baby sitter since there was no custody order and Children and Youth were recommending that Trevor stay with her until a determination could be made after their investigation. The child stayed with the mother from August 11, 2001, until August 25, 2001, with no contact by the father. Because of her concern for her son's safety, the mother filed a complaint for Custody in Perry County where the mother had lived for two years and where Trevor had lived with her in a shared custody arrangement from January 2001. By way of further answer, on August 25, 2001, the father removed the child from the front yard of one of the mother's neighbor without the mother's consent. The father took the child to Pittsburg to stay with his parents, and refused to return the child to the mother in spite of the request by Children and Youth that he do so and his initial agreement to the caseworker that he would comply with her request. The father has since brought the child back to Cumberland County, enrolled him in school, and continues to refuse the mother any contact with her son. The mother has not and will not remove the child from school without a Court Order. 6. The mother lacks sufficient knowledge to know what the father fears. See paragraph five (5) above by way of further answer. 7. Denied. The mother has concerns for her son's safety since Cumberland County Children and Youth Services has filed an indicated report of sexual abuse against the father involving Hayley Toy, the mother's daughter, including fondling the child's vaginal area, indecent assault and molestation. A copy of the Indicated Report is attached hereto and incorporated herein by reference. Additionally, the mother has concerns regarding the father's ability to have custody since he has a serious drinking problem. The parties' separation occurred because he raped her while he was intoxicated. The recent incident with Hayley occurred when he had been drinking. The mother is fearful that the stress undoubtedly felt by the father as a result of the Children & Youth investigation and Indicated Report and the pending criminal investigation involving the same incident will exacerbate his drinking problem. For reasons including, but not limited to, the above the mother feels that it is not in the child's best interest to be in the father's custody. Furthermore, it is in the child's best interest to be in the mother's custody since she is the parent who can best provide for the child's well being- including a home with her and the child's half siblings with whom he has a loving and close relationship. 8. Denied. The court should return the child to his mother's custody pending further Order after the completion of the criminal investigation. COUNTERCLAIM 9. Defendant/Mother incorporates paragraph 1-8. 10. The mother filed a Complaint for Custody in the Perry County Court on August 27, 2001, before Plaintiff filed his complaint in Cumberland County. A copy of the Complaint is attached hereto and incorporated herein by reference. 11. The mother requests that the Courts determine the appropriate venue for this case and that the court then enter an order granting her primary physical and legal custody of her child for the reasons including those articulated in paragraphs 1 through 10 in the above Answer and Counterclaim. 12. The Mother requests that this court grant her Temporary Custody for reasons stated in this Answer and Counterclaim without prejudice to her claim for long- term custody that she filed in the Perry County Court. WHEREFORE, Defendant/Mother requests that the Court enter an Order awarding her temporary custody of Trevor pending further Order of Court. In addition, Defendant/Mother requests that the Plaintiff/Father be ordered to undergo a drug and alcohol evaluation and comply with any recommendations regarding treatment and/or counseling resulting from the evaluation. Defendant/Mother further requests that the Cumberland County Judge communicate with the Perry County Judge to determine the proper venue for long-term resolution of this case. Defendant/Mother requests any other relief that is just and proper. Respectfully submitted, i G an Carey Attorney for Petitioner MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 v ~ ~. ~:: y s - 'i'u-sJas~~nkwakart~+atlm,'~etE=.~~N=tea=r>~~axs~a.sr~m,t~ .. - X11\{'dR~~S~~lPJ3~ 1.1.N~`ln'7 .fin r, f,,.;~;^U~.a~~~ ~i_ ~ ..,_ . I'~ .~...Cl.'t; .i:J RANDY L. COUSINS, : IN THE COURT OF COMMON PLEAS OF rl Plaintiff viii. : CUMBERLAND COUNTY, PENNSYLVANIA f`; SUSAN L. COUSINS, NO 01-5528 CIVIL Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Joan Carey, Attorney for Defendant, do hereby certify that a true and correct copy of the within Answer and Counterclaim was mailed to counsel for Plaintiff, James Bach, by first class U.S. mail, postage pre-paid, addressed as follows: ,Tames M. Bach, Attorney at Law 352 S. Sporting Hill Rd. Mechanicsburg, PA 17050 Respectfully submitted, n !1 Jpan Carey Attorney for Defendant LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VERIFICATION The above-named Defendant/Respondent, Susan Cousins, verifies that the statements made in the above Answer/Petition are true and correct. Respondent understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. 1(2 (1-C>> Date Susan Cousins, Defendant/Respondent AA111 rs COMMONWrJ-LTH OF PENNSYLVANIA DEPARTMENT OF PUaLtC WELFARE NARRt3BURa, PENNSYLVANIA 17120 OPFICE Of CHILDREN, YCUTH 6 FANIUlb Mailing Date October 12, 2001 SUSAN COUSINS RR 2 BOX 279/5 MANSVILLE ROAD NEWPORT PA 17074 DEAR MS. COUSINS CHlLgLINE 8, AMUSE REGISTRY DlPARTNENT OF FG®UC WELFAF HiLtcREBT, aND PLOOR P.O. eOX 2B7! HARRIIDBURO, PA lrlQ6-2675 TlLEPHONE NO. (71'n 7A4.19M Ghild : HAYL.EY TOY Report No :2'10005445 Status : INDICATED Agency : CUMBERLAND COUNTY GYA A report of suspected abuse involving the above named child was investigated by the agency listed above. The status is Indicated. This means the agency de#ennined that the child was abused. The report wilt remain on file in the state and county offices until 23 years after the child's birth. At that time, the report will be expunged. However, the Information on the perpetrator wlli remain on file indeflnitety iF the sodaf security number or date of birth is known. You are fisted on the report as the Mother. You may have the right to receive services, which are intended to prevent further abuse or neglect, through the county children and youth agency. You also have the right to receive a copy of the report by writing to that agency or this office. Please refer to the report number fisted above when making your request. Shou(tl your address change before the child becomes age 23, please inform this office. if you have questions about your rights, involvement in the report, or this letter; we suggest you contact the investigating agency at (717} 240-6120. to Ley de Servicios para la Prateccion de Wino. Si usted es nombrado wmo el perpetrador del abuso en gists reports, seta va a afectar su oportunidad de obtaner empleo en agencla o programa para Guido de Wino y en escuela publics a pmrada. Copia de gists Carta es disponible en espanot, Par favor pongase en contacto can nosotros tan pronto Como le sea posible a la direction mecionada arrtba. Issued by Childfine & Abuse Registry t0 39Cd Q~3IdW00'1H 9ZbLZ84 - 7E:ZZ 1?66IlLIlCO Narriaew , PA 77 ~oe0a, aw nth r.v. COx xa/p 8 1 OS wrtnie 70 QaY• of N. reC[ipi of an Orel r[pprt o/ au•p•m~d~~uu. Olu•. tYP• er y:.y U.. e..w Iwm veI Incltl•nc. ' ]. ]DENTIFYING INFORMATION a. l7A TE Of tNGOENT DATE OF RAL REPORT REGtgTFA NUMHER 7128!01 8 ~ 1 3 - 0 1 2'1-05445 9. NAME O CNILOlSTUOENT O.wt, Firat. Middle tniH[R 1 A EX To Ha le N. 6 1 8 - 9 3 QM®F ADDRESS ilnelutle Strast, City, State, Zip Cetl~ gOC1AL SE RITY NO- RR2 Box 279-5 Newport PA 17074 Perr 188-74-0154 0. IOL 1 ALA 1 aeq !rat, rtl • mtul Cousins Susan (.. A 183-62-8899 IR NO 1~ ~5 72Y ADDRESS (inctuds Strwt, City, State, Z.p Ceaat COUNTY RR~2. Box 279-5 Newport PA 17074 Perr D. of OLOGICALlAOOPTIVE FATNER (LasU Firat, Middle Initleq To James E. ~ SOCIAL aECWiITY NO. 200-56-2262 eIRTNOATE ~M ~Le3 6% ADDRESS fine Wd• 5VaeL City, SO(a, Zrp CeW COUNTY - •-. 17 N. Market Street A t. C, Ouncannon PA 17020 Perr A L A I L t tn[r tnen u rp 9endY OCTAL SECURITY NO. ADDRESS Iinewde Strap Clty, Sn<e, Z1p Ced•1 COUNTY OIRiNDATE MM I 0O 1 M'r . PERPETRAiOAI$CNOOL EMPLOYE Lose, Firai, !COI. Initi[t A /11. - Cousins, Rand 1. ®MOF ste fatherlbah i t 167-56-0396 ADOFESS 1lneiud• Str•as, city, gts[e, Zip Oddel puNrr lIATNDATE 386 Pin Oak Lane Carlisle, PA 17013 Cumberland 5 0$ 6~l G. FAMILY HOUSEHOLD COMPOSITION IDO NOT COMPLETE FOR STUDENT ABU SE) NAME (Last First InitiaU RELATIONSHIP TO VICTIM NAME 0.ast First Initial) RELATIONSHIP TO VICTIM To wes_le M, Brother Tov Se h M. Brother TYPE OF A USE/N LE T t. PMsical Bnjuries of Burns/Scalding ae Welts/Eechymosis a Asphyxiation/Sufferatlon to Drowning a2 Fractures o7 lacerations/Abrasions tz lnterita; Injw[eslHemorrhage t7 Other os Skull Fractures oa PunctursslBit95 to Dismemherntant 04 Subdural Hematoma o9 Brain Damage a Sprains/Dislorationa as Bruisos to Poisoning is Drugs/Aleohof to 2 Mental injuries (DO NOT COMPLETE FOR STUDENT ABUSE) 3. Sexual A6us~ or Expfoftation to Rape Zt Incest ~ Saxuat Asgault zs Pornography z0 Statutory Rape zz Deviate Sexwi lntarcoursa 34 Promoting Prostitution 4. Plrysica) Neglect tD0 NOT COMPLETE FOR STUDENT ABUSD LxK of Supervision za Malm,vition sa (resulting in a physical z7 Fai)ure to Thrive condRion) ~~~ Medical Ne I l.~ in a piP/tilGl COnditioN rag ao Other 5. 9mminent Risk iD0 NOT COMPLETE FOP STUDENT ABUSE) st physical Injury a2 Sexual Abuses ar Exploitation B DESCRIBE THE IN.IURIES/CONDITIONS CHEC ED ABOVE The erne rotor fondled the C)111d'S Va lndl area indecent assault and molestation . Sly tYtX x~ W - os oe CDUnse)ing v7 08 09 to n t2 Referra! to 5elt-Help Group fa a es t\ fl to Referral to IntrrageneY Services Xa( X9( za is Referral t0 Community XD( X~( Services PLlFR as at MultidisCipl)lury Team Cass Review zs ze Z7 2a Homemaker/Caretaker Sorvieea )f9( Hd( at sz Instruction and Edueaeien for Parenth00d ® Emergency Medical Care 3a 35 7e 37 19 as ether ^ No Services Platuted or Provided ,. x .,,,.,IV::CASEiSTATt15'J."i.5t:'`?;.:ir.~~.:E.x~m^.;t::~,~raY^aax:,...wn,:~•; ~,~.a,~..,.: PENDING JUVENILE COURT ACTION (Updated P NDIN RIMINAL U A TI N FOUNDED (Court Findmg- 'a ^ CY 48 required when court xtion Completed) B' ^ (Updated CY 48 required when CeuR C. ^ specify belpw) -_ ._ -. action eemomtadl INDICATED t Medical Evidence 2. CPS Investigation 9 Perpetrator D' ~ (II checked, answer 1, 2, or 3) : ^ X^ ~^ Admission ~ ~ UNFOUNDED PLEASE EXPLAIN IN DETAIL THE BASIS FOR 7HE CASE STATUS YOU CHECKED AND SPECIFY CRIMINAL ACTION, The indicated status is supported by the consistent description .by the child of the sexual acts that occurred. The, perpetrator had ample access to the child, while the child was spending the night with the perpetrator. The mother confirmed that the child was with the perpetrator on those dates. The perpetrator refused to be interviewed. A criminal investigatioli has begun but has yet to be concluded. WA5 THERE A RELIGIOUS BASIS FOR CHILD'S CONDITION] fApplieable only if E is checked) ^ YES ~ NO DID THE CHILD OIE AS A RESOLT OF THIS INCIDENT OF ABUSE/NEGLECTT tApplieable only If,C or D is checked) ^ YES X[] NO Please check as many as three Ixtors and rank them in order of relevanoe P 1' being most relavartt). Evidence must exist t0 confirm the selection of the fxtar(sl which appears to contribute to abuse. SUeSTANCfi ABUSE (INCLUDES DRUGS, CHEMICALS, ALCOHOL, ETC.1 STRE$$ (DUE TO FINANCIAL PRDeLEMS, UNEMPLOYMENT, DIVORCE, ETC.( L-1 MARGINAL PARENTAL SKILLS OR KNOWLEDGE (INCLUDES UNREALISTIC EXPECTATIONS, LIMITED KNOWLEDGE OF CHILDN000 DEVELOPMENT, ETC) VULNERABILITY OF CHILD (DUE TO CHILD'S ACE, PHYSICAL LIMITATION, DEVELOPMENTAL D0.AYS, ETC.( SEXUAL DEVIANCY OF PERPE7PATOR (BASED ON A DIAGNOSIS OR CRIMINAL CONVICTION ABUSE BETWEEN PARENT FIGUPE$ aVISTORY OF FIGHTING BETWEEN PARENTS OR PARENT sUb571TU7E$I IN$UFPICIENT FAMILY/SOCIAL SUPPORT (SUCH A9 FAMILY AND FRIENDS UNAVAILABLE TO HELP WITH FAMILY OR PERSONAL NEEDS) IMPAIRED JUDGEMENT OF PERPEYPATOR (CAUSED BY PHYSICAL. MENTAL OR EMOTIONAL LI MITATION$1 . pEiIPETAATOR AEU$ED A$ A CHILD UNTy WHERE ABUSE OCCURRED INVLSTIGATIMG COIRIry Cumberland Cumberland Audra Hennesse couNrv .eENCr suFSRwspx Dianne Rupp OwTE FORM COMRETEO -'~-~ ~aEe 2 Deese CY a8 ChpCk this block H e report CHILD PROTECTIVE SERVICE INVESTIGATION REPORT Q for student abuse (Title 23 Pa C.S.A. Chapter 63) ~ Check this block for child rouse INSTRUCTIONS: Sena onw copy ql Mif cgmpletad farm ro CA~ild4ine a AAUfP PeplaV y, 0\p.Itm\ne Of Publle Wdffra. Lenvv Leep\, 7rd Flr., P.D. Box tB7B Huiifbur$, PA 171pi 'Nittlla as a\T\ \f lilt i\CeiaT 0} M Oi 111 iepo[S o/ fufPPef ae eEUU. PIeNn @yPR a Y:~t, C>~~ and Iorm pq InElgmr. I. IIDENTGh`V°VNG INFYJWRAAT`I'OIV 111. CPS SERVICES ID;O. HOT COMPLETE FOR STUDENT ABUSq' ~- q w,a5 C!-iILD ALLEGEDLY ABUSED WH4E INA'CHILD CARE SERVICE' (as defined by CPSU. Q YES ©NO 8. WAS CHILD REMOVED FROM THE ALLEGED A9USIVE SEITING7 lineludes move 6y self, agency, others) ~ YES ~ NO G. WERE LAW ENFORCEMENT OFFICIALS NOTIFIED OF THIS REPORtt (CY 1D4 sontl ~ YES ^ No D. SERVICES PLANNED OR PROVIDED: (Pleas check the apprapriata blocks. (Abbreviations: PL=Planned. PR=Provided; and PERP~Perpetratarl. CHILD PARC:NT PERP. CHILD PARENT PERP. PL/PR PL/PR, PL/PR PL/PR PL/PR PUPR ~>X 1C~ ~( 13X • 00 Oe Counseling xs xe 27 28 Homemaker/C~otakar Sorvieas T Tt I-f""~l Referral to Salf-kely rT„vl ~i-~ ~r,:rrr,en~~ a=d Fd..,-~r~.,~ a.,r ,. CPLS 717-232-7921 5 W1,L5(1~S Plaintiff •v _ Vl n , nl~ ~uj~J(,5 D'e'fendant 10/01/01 10:06A P.006 IN'.THE COURT OF COMMON PLEAS FOR THE 91st JUDICIAL DISTRICT OF PENNSYLVANIA. PERRY COUNTY BRANCH ' CIVIL ACTION -CUSTODY COMELt#INT FOR CUSTODY 1 ~ (j~~ ~ G~(~~ j 1_ -The Plaintiff is , o residing at ~~~ (~ )~. ~ ~ - ~ ~j,i )Y ~ ~ ~ ~~~ - 2 _ The Defendant is ~ ~f L.U(~$l,.j'~S , .. _ ~ residing at ~~~o P ti ~K~(, (_~1~ l"Q. ~ ~a3 3. Plaintiff seeks (custod (partial custody)(visitation) of the following child(ren):. NAME PRESENT ADDRESS' AGE d ,. -.. ~ .... '' - -=~ .~: ~ c. -: - • ~~=V :. ~ O f^• .~{~ n J ... ....i.•n~~a. ~~~. .' ......... ... .. ..... .. ......~ ~...~~.. g :-_., - zn o}}t o~ wedlock_ ~ The chld[ren). was was .not __ -~ « ~'" The child(ren) is presently~in t~ custody of ~~(l,~ (~( 1~ ('~S ,who resides at L~ n ~ ~1 ~~L During the past five years the child(ren) has resided with ,= the following persons and at the following addresses: ;fie... ,;y~.~ . .t: ..: ~:. w _. ~~~,;. CPLS 717-232-7821 10!01/01 10:06A P.007 LIST ALL PERSONS ADDRESSES DATES The mother of the chri~ld(ren) is ~u~~rv ~ ~ ~~ currently residing at ~~~o~ -~U k, ~~`~ ~S She is (single)• (married).'(divorced) _ n i Theefather of..the child{'ren) is ~~t~ [ 1~11S~~1C /~ r currently residing at Se• is (single) (married) (divorced) . s~_ The relationship of Plaintiff to the child(ren) is h'l~'h~ The. Plaintiff currently resides with: NAME RELATIONSIiTP - ~ - 5_ -The relationship of Defendant to. the child(ren) is ' _~~ ~ The Defendant currently resides with NAME.' RELATLONSHIP `. 6. Plaintiff (has)(has not) pazticipated as a party or wztne5s, or is another capacity,. in other litigation concerning CPLS 717-232-7921 n _ ~~ 10101/01 10:06A P.008 the custody o£ this minor child(ren) in this or another court.. The Court, term and number, and its relationship to this action is: - The court, term and number, and its relationship to this action is- P~.aiatif£ (knows)(.does not know) of a person not a party to the ..,. proceedings who has .physical custody of the child(ren) or cTa.r^ to have. custody oz visitation rights with respect to the children}_ The name and address of such person is_ 7_ The best. interest and permanent .welfare of the child(ren) will be served by granting they relief requested becausee ~~d\~ 15 hP ~d f Y-1 ~[]~,~T 1 Cf Q~P~ ~'i17 '` - 8`~.". Each. parelit whose parental rights to the child(ren) .}save-,nat.,been•te~m*~~*+~ted and-the::persaa who has physicai custody-=,-=:-3 ,, .:.. .;,.. , ,. of the:'Child(ren) have been named as parties to this action.. ALI- ~'[ other persons, named beloor,. who• are: known to have or clazm a ~ .~ ,:~ ~..__right to' Custody-or visitation of the• child(ren) will be given .. -, ~r notice o£ the penderic.y of this action and the right to intervene-'=. ::may.: NAB ADDRE'SS' AA^S'IS Ok" CLAIM'S,`':; -... ,: y - .-, .. • .. :«:. .. .. _L, .J _ ., ,•, ' ~.if `.:.'. ~`.+.n ':ice:` -: ,..P, ... u ..: ~. ... .~V,. i. .. ...~. 1.' .~ ~ CPLS 717-232-7821 10/01/01 10:06A P.009 n ... '. .... ^ WHEREFOiiE, Plaintiff requests this court to grant (custody (temporary custody)(visitation) oP,the child(ren) to the PlaintifE_ Respectfully submitted, Data Pla~.n~i ~ Z veri£y^that.the statements made in this Complaint are true and correct.. L understand that false statements herein are made subject to the penalties .of T8 Pa_C_S. §4904 relating to unsWOrn falsification to autlorities_ laintif£ . ... ::.T.:.:..... :1 i:. ... ..., 7 YAM '~ :' ... ~.'.. .,, ~'' ,z; _ .. f; ~.,. ,.. • ~ ; . •. 'D...i.. .a --~ '... v _.._ ,.p _ W n r- },:a -- i a -~. - .~ - -c.~ t ~ c-~ - I~t7 rr. ~~rJ ~: '~^. Y _~, z~ =._rn, =? ":i = -G (,] G _, - ,.~~. Randy L. Cousins, Plaintiff vs. Susan L. Cousins, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, OF PENNSYLVANIA No. 2001-05528 IN CUSTODY CERTIFICATE OF SERVICE I, James M. Bach, Attorney for Plaintiff, do hereby certify that a true and correct copy of the within Reply to Counterclaim was mailed to counsel for Defendant, Joan Carey, by first class U.S. mail, postage pre-paid, addressed as follows: Joan Carey, Attorney at Law Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 RespectfullTyys~ubmi~tted~ AMES M. BACH Attorney for Plaintiff 352 South Sporting Hill Road Mechanicsburg, PA 17055 (717)737-2033 ~Skat§k3-1aa~d,Sx -t~s E.~,.S_r~m,_u.~,~., r, ~-.~> ..~ .=~e.,.a _a~uav_Rf&ka~zsP. .-xuv:°.dt.~,T'. _. ._ -r .- °C C% r7 ~ ~~ ' S-' ._,i y !" `] •~ a -~ ~~ ., Randy L. Cousins, Plaintiff va. Susan L. Cousins, . Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, OF PENNSYLVANIA No. Q'' ~~~L} CiV~) IN CUSTODY COMPLAINT FOR CUSTODY AND NOSH comes the Plaintiff, Randy L. Cousins, by his/her Attorney, JAMBS M. BACH, and respectfully represents as follows: 1. The Plaintiff is Randy L. Cousins, residing at 386 Pin Oak Lane Carlisle, PA 17013. 2. The Defendant is Susan L. Cousins, residing at RR #2, Sox 279-5, Newport, PA 17074. 3. Plaintiff seeks custody of the following child: 4, The child is presently in the custody of Randy L. Couaina, who lives at 386 Pin Oak Lane, Carlisle, PA 17013. 5. The natural Mother of the child is Susan L. Cousins. 6. The natural Father of the child is Randy L. Couaina. 7. The relationship of Plaintiff to the child is that of Father. 8. The relationship of Defendant to the child is that of Mother. 9. The Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the child in this, or any other Court. 10. Plaintiff has no information of a custody proceeding concerning the custody of said child pending in a Court of this Commonwealth, or in any other jurisdiction. 11. Plaintiff does not know of a person, not a party to the proceedings, who has physical custody of the child, or claims to have custody or visitation rights with respect to the child. 12. The best interest and permanent welfare of the child will be served by granting the relief requested, because the Plaintiff can provide a stable and wholesome home environment for the child. 13. Each parent whose parental rights of the child have not been terminated, and the person who has physical custody of the child, have been named as parties to the action. Further, the child has lived exclusively with the father since the child was age 2. VT~iEREFORE, Plaintiff requests this Honorable Court to enter an Order, granting Plaintiff primary physical custody of the subject minor child. Respectfully submitted, DATE: September 24, 2001 By '"~- AMES M. HACH, ESQUIRE Attorney I.D.# 18727 352 S. Sporting Hill Rd. MECHANICSHUR6, PA 17055 (717)737-2033 .~ ~ .. ~ u~ ~,:~~:~ . . .. ~T- ~.. ,~~ E,: 1\1 G-, I~ rr. -, I 7 ~~ :", t i~ r7 J `,- C!) ::~ 1lLl ~:i.. >j (3 v ~~ U m . n Randy L. Cousins, Plaintiff va. Susan L. Cousins, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, OF , PENNSYLVANIA "' No. ©I `~~~C~ vwC~ IN CUSTODY APPLICATION FOR EMERGENCY EX PARTE CUSTODY ORDER The Plaintiff, Randy L. Cousins, by his Attorney, James M. Bach, hereby files within Application for Emergency Ex Parte Custody Order: 1. The natural parents of the child herein, Trevor Cousins, are the Plaintiff and the Defendant respectively. 2. The child, Trevor Cousins, was born on 1/30/96 and is now 5 years and 9 months old. The Father and the child have lived together in Cumberland County, Pennsylvania at 386 Pin Oak Lane, Carlisle, PA 17013, since April of 1998. 3. From February 1997 until April 1998, Trevor and his Father lived with the Father's sister and brother until such time as the Father purchased a mobile home wherein Trevor and his Father have lived continuously since that time. 4. Trevor has been in the continuous custody of his natural Father, Randy L. Cousins, since he has been 2 n r, years of age. He has not lived with his Mother, Susan L. Cousins, since sometime before February 1997. 5. Susan L. Cousins has threatened to remove the child from the babysitter and/or school and take physical custody of him. 6. The Father herein fears that the Mother will remove or attempt to remove the child from school. As a result of the fear and apprehension regarding the Mother's stated purposes, Father needs this Ex Parte Custody Order in order to alert school officials of his situation. 7. The best interest, health and welfare of the child dictate that he remain in custody, full-time, of his Father, as it has been for many years. 8. This Court should enter an Ex Parte Order prohibiting the natural Mother herein, Susan L. Cousins, from removing the child from school and attempting to change schools and removing the child from a babysitter or attempting to remove the child from a babysitter and removing the child from the Father's custody, pending a further hearing of this Court. WHER~FOR6, your Petitioner, Randy L. Cousins, respectfully prays that this Court enter an Emergency Ex Parte Order granting temporary legal custody of the child to the Father, with visitation rights to the Mother to be determined at a subsequent hearing, and that the Mother not be allowed to remove the child from school, babysitter or any other place, pending further hearing of this Court. ~~~ ~~~~: Respectfully submitted, ~o JAMBS S. BACH, SQUIRE Attorney I.D.# 18727 352 S. Sporting Hill Road Mechanicsburg, PA 17050 (717)737-2033 k I'v Pte' ` _ ' !A ~ ~5W'e#~(A}"~P}i~ ~ ~' tS F+c+e,ais air. s~~.~ .. , r r ,_ r ,_ .. .- ., .,.. ~ ~ ... -~vatrvst ~;y H~.~».u,t:~rrer k= " ~ .. - l =7 tiw/_ ~~ ~ . ~_.i c_ __ -n - r ~ o . [iirr~ ~~ r ' ^~i c`n _: ... a ,::.~ lT C: _ ~ ~ ~ I _ ~~ ~ iJ~ ~ ~~ ~ M1 i~ n ... YsYa~bW.J.~uL~:.::.e ....... .. y...,,. ___ .. I _ _ ...~t iW'Kdlw34i-.~: w RANDY L. COUSINS, : IN THE COURT OF COMMON PLEAS OF Plaintiff vi. :CUMBERLAND COUNTY, PENNSYLVANIA SUSAN L. COUSINS, NO 01-5528 CNIL Defendant IN CUSTODY ANSeVER AND COUNTERCLAIM Defendant, Susan L. Cousins, by and through her attorney, Joan Carey, answers Plaintiff's Petition for Emergency Ex Pane Custody Order as follows: 1. Admitted. 2. Admitted in part; denied in part. It is denied that the child has lived with the father since April of 1998. In fact, since approximately January of 2001, DefendanbMother and Plaintiff/Fatherpave shared physical custody of the child on a week on/week off basis. 3. Denied. From the mother and father's separation in approximately February of 1997 until approximately April of 1998 the father and the child lived with the father's brother and his girlfriend. The mother had regulaz periods of custody including weekends and other agreed upon times during this period. From 1998 until January 2001 the father lived with the child and the mother kad regular periods of custody including weekends and other agreed upon times. From January 2001 until August 1 I, 2001, the mother and father shared custody of the child on a week/on week/off basis. From August 11, 2001, through August 25, 2001, the child resided with We mother and her three other children, Trevor's half siblings. ti 4. Denied. See paragraphs 3 and 4 above. 5. Denied. The mother never threatened to remove the child from school. On or about August 11, 2001, the mother asked the father to return the child to her custody because Cumberland County Children and Youth Services told her and the father that this would be advisable to insure his safety during the investigation of an allegation of sexual abuse by the father against the mother's daughter, Hayley Toy. The mother did, however, remove the child from the baby sitter since there was no custody order and Children and Youth were recommending that Trevor stay with her until a determination could be made a8er their investigation. The child stayed with the mother from August 1 Il, 2001, until August 25, 2001, with no contact by the father. Because of her concern for her son's safety, the mother filed a complaint for Custody in Perry County where the mother had lived for two years and where Trevor had lived with her in a shared custody arrangement from January 2001. By way of further answer, on August 25, 2001, the father removed the child from the front yard of one of the mother's neighbor without the mother's consent. The father took the child to Pittsburg to stay with his pazents, and refused to return the child to the mother in spite of the request by Children and Youth that he do so and his initial agreement to the caseworker that he would comply with her request. The father has since brought the child back to Cumberland County, enrolled Ivm in school, and continues to refuse the mother any contact with her son. The mother has not and will not remove the child from school without a Court Order. 6. The mother lacks sufficient knowledge to know what the father fears. See paragraph five (5) above by way of further answer. 7. Denied. The mother has concerns for her son's safety since Cumberland County Children and Youth Services has filed an indicated report of sexual abuse against the father involving Hayley Toy, the mother's daughter, including fondling the child's vaginal area, indecent assault and molestation. A copy of the Indicated Report is attached hereto and incorporated herein by reference. Additionally, the mother has concerns regarding the father's ability to have custody since he has a serious drinking problem. The parties' separation occurred because he raped her while he was intoxicated. The recent incident with Hayley occurred when he had been drinking. The mother is fearful that the stress undoubtedly felt by the father as a result of the Children & Youth investigation and Indicated Report and the pending criminal investigation involving the same incident will exacerbate his drinking problem. For reasons including, but not limited to, the above the mother feels that it is not in the child's best interest to be in the father's custody. Furthermore, it is in the child's best interest to be in the mother's custody since she is the pazent who can best provide for the child's well being- including a home with her and the child's half siblings with whom he has a loving and close relationship. 8. Denied. The court should return the child to his mother's custody pending further Order after the completion of the criminal investigation. COUNTERCI,AT1bI 9. Defendant/Mother incorporates paragraph 1-8. 10. The mother filed a Complaint for Custody in the Perry County Court on August 27, 2001, before Plaintiff filed his complaint in Cumberland County. A copy of the Complaint is attached hereto and incorporated herein by reference. i i. The mother requests that the Courts determine the appropriate venue for this case and that the court then enter an order granting her primary physical and legal custody of her child for the reasons including those articulated in paragraphs 1 through 10 in the above Answer and Counterclaim. 12. The Mother requests that this court grant her Temporary Custody for reasons stated in this Answer and Counterclaim without prejudice to her claim for long- term custody that she filed in the Perry County Court. WHEREFORE, Defendant/Mother requests that the Court enter an Order awarding her temporary custody of Trevor pending further Order of Court. In addition, DefendantiMother requests that the PlaintifflPather be ordered to undergo a drug and alcohol evaluation and comply with any recommendations regarding treatment and/or counseling resulting from the evaluation. Defendant/Mother further requests that the Cumberland County Judge communicate with the Perry County Judge to determine the proper venue for long-term resolution of this case. Defendant/Motherrequesrs any other relief that is just and proper. Respectfully submitted, I an Carey Attorney for Petitioner MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 ,: s• ~rmn7~,sn~N3d uNnm ci~,,:n`a~~wn~ vU.q ~d 81 1~0 !0 3~.~~:+i~ i~~1ij v.~,~,a.~Lw.w ' ~,e.>i RANDY L. COUSINS, : IN THE COURT OF COMMON PLEAS OF Plaintiff viii. : CUMBERLAND COUNTY, PENNSYLVANIA SUSAN L. COUSINS, : NO O1-5528 CIVIL Defendant IN CUSTODY CERTIFICATB OF S$RVICE I, Joan Carey, Attorney for Defendant, do hereby certify that a true and correct copy of the within Answer and Counterclaim was mailed to counsel for Plaintiff, James Bach, by first class U.S. mail, postage pre-paid, addressed as follows: James M. Baoh, Attorney at Law 352 S. Sporting Hill Rd. Mechanicsburg, PA 17050 Respectfully submitted, /1 /.~ Jean Carey Attorney for Defendant LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 ~~, VERIFICATION The above-named Defendant/Respondent, Susan Cousins, verifies that the statements made in the above Answer/Petition are true and correct. Respondent understands that false statements herein are made subject to the penalties of 18 Pa. C.s. §4904, relating to unsworn falsification to authorities. bC~-(1-C» ~ ~nnA \ C~~~r. Date Susan Cousins, Defendant/Respondent coMrolrwrt~ratt oo<r~tevty~ oerutv~tarrr of euitr<ac vr~A~ HMitls®tlRt~, PENNSYLVANIA 'INFO oFr~ of GXN-DRfiN, 1b1fTllaFAaN.ilS Malting Date October f 2, 2001 SUSAN COUSINS RR 2 BOX 279/5 MANSVILLE ROAD NEWPORT PA 17074 QF~4R MS. COUSINS CXHALIN6 RAeftg[ R6C16TRy uzsattTUesvr of ru~uc MI~tFAF Xa.~cvurar; ans~oolt lq, eoxam 14/1leat<eaae, ~AST10Gi{TS TfLEFM011i NO. Q7T) T61.5Kt Child : HAYL.EY TOY Report NO :2104105443 Status : INWCATED Agency : CilMLSERLANG COtlNTY CYA A report of suspected abuse involving the above named child was investigated by the agency listed above. The status is indicated. This means the agency determined 4hat the child was abused. The report will remain on flte in the state and county otflces until 23 years after the chikt's birth. At that time, the report will be expunged. However, the lnforrnatlon on the perpetrator will ramaln on file Indefinitely if the social security number or date of birth is known. You are listed on the report as the Mother. You may have the right to receive services, whid~ are intended to prevent further abuse or neglect, through the county chlhlren and youth agency. You also have the right t0 receive a copy of the report by writing to that agency or this office. Please refer t0 the report number listed above when making your request. Should your address change before the child becomes age 23, please inform this ofl9ce. if you have questions about your rights, involvement in the report, or this letter; we suggest you contact fhe investigating agency at (717) 240-6120. is Ley de Servicios Para fa Proteaion de vino, Si oiled es nombrado Como e! perpetrador del abuse en eats reports, esto va a afectarsu oporhmidad d® obiener empleo en agenda o programs pera Guido de Wino y en escueta puWtca o privada. Gopla de sate certa ei dliponipte en eapenol. Por favor pongeie en conlacto con nowtroi fan pronto oomo le sea posible a fa diretxlon meclonada am-ba. issaed by Childline & Abuse Registry i0 3'JCd Ql3i.~W001fi 4ZbLZ85 VE ~LZ b66i/TT/t0 ...... .. -........... _.. ~..... _,.~..: ~.~,.. ua•vf..ntl qr., ..v, mex zerm N\Ri•mUrf. PA 4t0a wN~in ]e a..f of lnf rfefim •4 m m•1 r•eer< nt • •afru ruu. atfwa •wa as Y:wa. 11.- - . w.- w .. .,... ~ ~ 1. ~VGL~ r (r S ~H~S INFV[~ifx/-Tlya~ .. ,-. or.Ta OR xNC1DENT A qF REP RT 13TFR NVMeEx 7!28!01 8 1 3 - 0 1 21-05445 e. NAM O NILOISNOE LLut, irf1. Mitl b tnit4lY ax To Ha le N, 6 1 8 - 9 3 ^M ®" AODPESS ilntllutla StM•L CixY. Slate, Iip Ced•1 30cU1 3 I Y NO. RRZ $ox 279-5 Newport PA 17074 Perr 188-74-0154 C. IOL A 1 ~ If•T. . • nrtlal Cousins Susan L. 183-62-8899 1 ~ ~ 7~LY A0011 InelUtl• Sbbt. City, Stab, ie CtlaN c uN RR2 Bax 279-5 Newport PA 17074 Perr ' o. a1pLOGICALlA00~ IV fATNEF 0.+at Fist, Middl• )niUU) To James E. O IAL 3aC ITV N0. 20 -56-2262 alaTfgA yN g'3 6/~ A O 53 (In•IUtl. SVbQ GaY, Sate, Ip CodN Y ~ ~ ~-~ ' 17 N, Market Street A t. C dun noon PA 17020 Perr n • s roar mfn m e•neY O[ L 3 WI AOOxE53 111161uaa Sb••t, CItY, 3t•t•, Ilp CatlN COU/1rY all! Mr m I w A pL Lb4 f fii, Itltlla Iniiifl A Cousins, Rand L. ®M OF s ather/bab itte 167-56-0396 • .[ { netuda vac, uy, Sbb, z:p vNl 38b Pin Oak Lane Carlisle, PA 17013 Y Cumberland nITNOATB '~, 0e$ 6~G FAMILY XgUS@iOLD OMPOSITtON IGO NOT COMR£!E FOR STl10iN7 /NU SEI ' NAME !last ~FiraL Initlap AELATlONSHIP 7D VICTIM iVAAAE 0. ast F'ust initia8 RELATIONSHIP TO VICTIM To fJesle M. Brother Ta th M rother TYPE O A U E/ 7. tMtysiul InjuNes of burnalScatdina ee WeltalEecixymosis tl Asphyxlatlon/5uffoeatlon le prowninp of FraeWres of laceratlona/AlxsafoNS sz Intemai Injuries/Hamorrhape tr Odler p3 Skull Fractures w Pwcturea/8itw t3 Dlamanlb~mtant to Subdura{ Namatoma M Brain Oamps a Spraine/Oiatacatlons es Bruifea to POisoninp as Orlega/Alephnt se 2 Mental injuries Ip0 NOT COMPLETH FOR 9TLIOENT ABUSEI i Sexwl Abuse or t?xptoitstion to RaP3 39 Incest Sexual Assavh as Pornapraphy av Stanrtpry Rape as >Seviata Saxwl intercourse ~ u PTOmotiny Prostiwtion 4. Plryaiw) Neyloet IDO NOT COMPLETE FOR 9TUDEIVr ABUSE) xe Ma(nutri6on ~ Cxk of SuParviaian ~ Medical Neplaet (raw!' (rasultin9 in a physical u in a plrydcai conditianl~ ~~ Failure to Thrive condition) '0 ~1° 5. Imminent Risk IOO NOT CgMPLbTE POp STUpENT ABUSEi 3t PhyaiW Injury ~~a""s''''~~ Sexual AWse or ExploiUtion a OFSCp1aE THa INJ RIR$lCONOITIONS QN£ Eq A90YE The erne rotor fondled th~c"child's va inai area ind n s ~t an molestation . IfL~ J YL~ - oa oe Counasltny 07 oa se to tt tx Referral to Self-Help Croup is to to to tT is Referral tp Wire-aganeY Smiees 1~% %91 K1f %)f u u Referral w ComrtMnlty Ssrviesa PL/PR ao at Multidisciplinary Tsm Case RaYiew xa xs n x9 HOmenNAtar/fxetdtar Ssrviess Y9Y yd( 3t ax Inatrueapn and Edueaaen far Para1a100d ® EmsrEeney Medical Cre 3e 39 3a 3T >• 7a Qqq ^ No Services Planna4 tx Pravldad 1'tl'SJIIYta JUVtrvq.t cLAJNI Acllurv lupaetaa rcrn+mu nlmnrnl, LAXJn'I Mc11Lm POUNDED (Court a' ^ CY 49 required vvhan c01rt setfon epmpistsd) B' ^ ~ti r~i semol ~s~aquirsd organ eeurt C. ^ ~edlfy Mlow) ~~ °' ©at1ND1Cehe ~ anawsr 1. 2, er 3) 1. ^ Medical Evidence 2 ^ CPS 1lwastiBeaon 3.^ Psrperatpr I ^ % Admission E. UNBOUNDED PLEASE EXPLAIN IN DETAIL THE eAS15 fOR 171E CASE STATUS YOU CFECKED AID SPECIE/ CRIIiAINAL ACTION. --- The indicated status is supported by the consistent descriotion.by the child of the sexual acts that occurred. The. perpetrator had ample access to the child, while the child was spending the night with the perpetrator. The mother cgnfirmed that the child was with the perpetrator On those dates. The perpetrator refused to be interviewed. A criminal investigatiori has begun but has yet to be I;oncluded. WAS THERE 4 RftIG10US BASIS FOR CHa.D'$ CONDITION? fApplicabir only if E re eheekadl ©YES Q NO OID TjiE CHLLO DIE AS A RESULT OF THIS WCIDENT OF ABUSE/NeGLECT7 (Applicable eNY If,C w 0 is ehackedl ~ YES [~] NO Plsae cheek as mNry M area teeters and rink alem in erdsr of ralavsfloa Cl' bsinp moat rslawla). Evldenw mint eieist to confirm tAe a111etion pf the laetarfs3 which appeara tp aentriflute to abuse. ' p~ 81RETANCE AWSE bNatiDEd DRYOa, ti1EMICALa, ALCONOL, RTC.) Lr,~J1 6TIBEaS IOaE TO FINANCIAL, fN10aLFMa, UNEMPLOYMENT, OtYORCE, tTC.I U MJUCINAL PMENTw4 SKLLI$ OR KNOWL6~E IIN0.UOEa UNgiALlaTlO EXPECTATION, LIMITED IWOWLEOt6 OF I;NILON000 OEYELOPMENT, rrCl Q vULNe11A91uri OF GIIIIA OXJa TO CNILp'a A04. PNYSICAI, LIMITATION. bEVELOPMENTAL OELAYt 8TC.1 SEXUAL DEYIANeY OP -{7@aTAATOq p1AaiD ON A DIAIxN081i OR CRIMINAL LONVIC71010 AWaE aETWPJpI PARENT FIOIl11E6 a/16TDeY OP RIGNTIMIi aETWELN PAgaNT$ ON /AgaNT 6UMfiTIYUTE61 IN6YFFIeIENT FAMILY/SOCIAL atnPeXT IaUea1 A8 PAMILY ANO FRIaNOa Ip'SAYAILAELe TO NLLP W17N FAMILY 011 PEgaONAI NaaOp IM/AIkEO JUO6aMENT OF PEM'ETXATOX (eAU9ED 0Y PNY6ICAL, MaNTAI Oq EMOTIONAL LLMITATIONSI . PeXPETRATOR AEUSW AS A CN11,0 - and ~ Cumberland Audra Hennessey e. elxam .coca. awalYlaw G Dianne RUDD D, /ACS S oaaix Cheek ado bleat if a report CHILD PROTECTIVE SERVICE INVESTIt'apT10N REPORT ^ Iw attldeet oboes ITltla 23 Pa C.3.Il C~tapter 831 ® L:Iieek tide black lur ohlld abwi INaiaUCT10Na: $MC Me 0eey al laic aameleled form r0 Calleline a Ahes.e MalatrY, pNartmeal M Pubt(a Welfare. Laeee Lseea, Ira PM. P.O. es>< xaTa Mmrirswy PA 17106. wlMln oa Aera er ma feaaiM Or all erel revert of ~ueYeree ieeu. Elw. ryn M M:wi, Us «y I«m P•r Ix. Wier. ICENT1fgiNG IAffORMATiON __ A was CH46 ALI-EC£DLY ABUSED wwLE W A •CHILO CARE SERYICE' {u d~Rnad by CPSU. ^ YES ®NO 8. WAS CHILD REb10VED FROM THE ALLEGED ABUSNE SETTING? IlncluWs mope by salt, aealuy, ofhna) ©YES ^ NO ~ WERE LAW ENFDRCEMENi OFFIGIAL9 NOTIFIED OF T)115 REPORI7 (GY 104 senU ®YES ^ NO O. SERVICES PLANNED OR PROVIDED: (Pisa. check dte spproprlaq blocks. WbbraviRlons: PL~Plamsd PRaProWded, and PERP~PerpeaatarL CH)tA PARENT PERP. PL/PR /L/PR, PL/PR d(tK )(i( 1Li( 111( • oa os Colmasling 1TT.1 ~~ rT'l Raterral to Sslt-Help CH)LD PARENT PDIP. PL/PR PL/PR PUPR ' xs xs xT 3r Homemaker/Caretaker Se+vicn V.v VY ~-~ In:trunrlrvt rtA FeLu.~Nnn Inr CPLS 717-292-7621 ~(A,~! W~~ Plaintiff v_ d n . ~i~ ~~(J(,S Defendant ~49~~° + 10!01!03 10~06A P.006 IN'.THE COURT OF COMMON FLEAS FOR THE 91st JUDICIAL DISTRICT OF PENNSYLVANIA,. PARRY COUrrTY BRANCH No _ ~i.. ?sa : CIVTI~ ACTION -CUSTODY COMPLAINT FOR CUSTODY 1.. .The Plaintiff is , ' n~ 1~1 A~ ((~~,~~j(111~ , +~~. . _• residing at ~~ X r2~ `-I,' ~ 11~1P(A ~'~ ! ~G7~ 2. The Degandaat is ~~~(~(~'" ~/~o~ ll S , ~ .' . residing at :-7a (D Pi n- C~C~K I n~. , ~Q.r (~^-~~ Pct. ~ ~~13 3_ Plaintiff seeks (custod (partial custody)(visitation) o£ the following child(ren)c c.c.,: ~ ~.,r. '-.. ~ :., .. y .~ , NAME PRESENT ADDRESS' ~ AGE ' ,.. .. L ,i ~~ ... .. y._ . ~... _.... ... .. __ . _ _ _ •~-- The Child(=ea.1 was was.not ~ za oE}t o~wedTock_ -_ `~ . ~.,., The child(ren) is presently ~ t~ Cu`s_LOdy of _„ ' ! 1 (`~~~. C{}, + who resides at ~ V ' During the past five years, the child(ren) has resided witlr.~`• the following persons and at the following addresses: '- .. ~ - ... . ... •~,. ._. ' CPL3 717-232-7821 iq/03/01 10s 06A P.007 - LIST ALL PERSONS ADDRESSES DATES i-~--- The mother of the child(ren) is ~`-~S,}SQ[V (j~f ~S ~j ~ ^1 /n1 currently residing at C~o~. ~U X ~~"1 s ... She is (single)• (married)'(divorced) . The:~father of-.the child('ren) is +~ ~~ 1 1(~,~_ currently residing at ~S3.P Y111L ~ I~~ ~1rLL~I`e ~~b~~ - He• is (siagle•)• (married} (divorced) . 4_ The relationship of Plaintiff to the child(ren) is _~'hek - The Plaintiff currently resides with: NAME RELATIONSHIP • 5•_ The relationship of Defendant to. the child(ren) is .. ' L~.-~{'~~r The 1~efendaat currently resides with ' NAB REr.Ax=oNS~zz~ -- ,. 6. Plaintiff (has)(has not) participated as a party or - witness, ar in. another capacity,. in other litigation concerning ...T~ • ~.-~ - k •... dr CPLS 717-282-7821 10!01!01 10i06A P.008 ' ' _ . _ 'f the custody of this minoz child(ren) in this or another court. The Court, term and number, and its relationship to this action fs: The count, term and number, and its relationship to this action is. _ Plaintiff (Jozows) (:does not know) of a person not a party to the ' ,_ .. proceedings who has .physical. Custody of the children} or eTaims to have custody or visitation rights with respect to the child(renA_ The: name and; address of such, person is_ 7._ The best. interest and permanent welfare of the child(ren+)~will be served by granting tha relief requested because= K(~tY1C~~l ~ hP IYY) If1 ~~~ ~GO~-~1 ©n ~'} ~8' !... Each'pareiit whose parental rights• to the child(ren) ' • ~ ~ ~` '. • .ve .oat,been' tezmfnated and`•the; person who has physical custodlF•-° "+~qj ~YrF:•wi~a'.....LrT",H V,min'+; }i~.!T^:•~ll~,y,..•;• ..a..:.~~•; .~-~~; .Ji.. • ] .. • .•' •'.4 .. L.. r: .~..~ ~ :.r~ .•~'.] of the: child(ren) havembeea named as parties to this action.• A1l• '; ^ other persons, named below,. whop are: known, to have or claim a rr.~ '_,_right to' ctxstody•or visitation•of the child(rerL) will be given ^~~` uatiea of the peadericy of this action.and the right to interveaeeT~ - NAB ADDRESS NY1s..'f„^,:.4n^'",i~,.ry 'IJJ~ .~i4 ~'~•~'~wY.iv ~ ..r' i.... . . y:. oY. ~t . gA5'IS OE' CT,nrnr ' CPL8 ' n • n~ WFIEREFORE, Plaintiff requests this court to grant cuatod (temporary custody)(visitation) of the child(ren) to the 8laintifE. '~ Respectfully submitted, Date 1 a =verify that the statements•made in this Complaint are true and correct. i undezstaad that false statements herein ate made subfect.to the peaalties.of T9 Pa_C_S. §4904 relating to'uasworn , talsificatioa to authorities_ i ~~ ~~~~~~ ::~:.. ~o` . . . .. ,c ,+f ' . o , . . ' ~ i "21 L C '•, r Irj u Y ' ~ e +l~ r. ~.YyI ,.~~~w , 1 4. M ~ M~ . 717-232-7821 10/01!01 10i06A P.009 .. . ~D.. ~.i ~.. ~. -r ~ -~ V - ,.~ ~ _~ ..... >f .. ._ -. ~ ,,,-~, ,: -.. .., ,, ,ti. 6 'dx ~b i3~v>v§~~~.,a,#eadm.~=mma.i~s.'axa~,w3~+-s.~uuG.+cs,~e3: u~.c ~+.. .,tsti- ~.,,~.,Hi ~ r, C '"" -n 'O'C : J O 7 -± "5~-n ~i ( ~ ~ ~ ' iT' ~ l~ " i ~ n 3 ~_y l7 n ~~ ~ i <~ ~_ RANDY L. COUSINS, : IN THE COURT OF COMMON PLEAS OF Plaintiff , ~i• :CUMBERLAND COUNTY, PENNSYLVANIA SUSAN L. COUSINS, : NO O1-5528 CIVIL Defendant IN CUSTODY RULE TO SHOR' CAUSE AND NOW, this ~~ day of October, 2001, upon consideration of Defendant's Answer and Counterclaim filed in response to Plaintiff s Application for Emergency Ex Parte Custody Order, a Rule is entered on Plaintiff to show cause why the relief requested by Defendant should not be granted. The rule is returnable at a conference in chambers on the ~~ day of October 2001, at ~ ' ~ q , m. in the Cumberland County Courthouse, Kevin Joan Carey, Attorney for Defendant MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 James M. Bach, Attorney for Plaintiff 352 South Sporting Hill Rd Mechanicsburg , PA 17050 C°~ ,o. ~I\\\l~5\ ,~,~ 0~ \ 0 }~~6 ~ ~d 4" ~1S .U a ~ ~o~~ 0.5 By the Court, ~~`z-max >,.:,,.~<. .,a -.,,, ~- . .._~- .... rYrCC ~- Q iC'- ~ ~ 3 (~~ CJxd .. . u.,,..t_ a. . O W,' r ~ " - ~,,., I~ 'JJ ~ i. L O ~ ` .... __ .. Randy L. Cousins, Plaintiff vs. Susan L. Cousins, Defendant i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, OF PENNSYLVANIA No. 2001-05528 1N CUSTODY AND NOW, comes the Plaintiff, RANDY L. COUSINS, by his Attorney, JAMES M. BACH, and filed the within REPLY TO COUNTERCLAIM 9. Admitted. It is admitted that Defendant has incorporated in her pleading paragraphs I through 8. The contents of these paragraphs are certainly in dispute factually. 10. Admitted. It is admitted with clarification. The Defendant has filed a Preliminary Objection to the Complaint, said Preliminary Objection remains outstanding. A hearing has not been set to our knowledge in Perry County on the Preliminary Objections filed by the Defendant and Mother's Complaint. A copy of the Preliminary Objection is attached to our Reply. 11. Denied. It is not in the best interest of the child to have Mother with primary physical custody. It is believed that the Mother abuses alcohol and drugs, namely crack cocaine and marijuana excessively. It is also believed that there have been charges of neglect and/or abuse filed by social agencies in the past against Mother for her care and maintenance of her other two children. The reasons articulated for Mother in paragraphs 1 through 10 aze not true and correct. Therefore, this Court cannot rely on them to awazd Mother primary physical custody. 12. Admitted with Qualification. It is admitted that Mother is entitled to certain periods of temporary visitation with her child. Effective Friday, October 26 through Sunday, October 28, 2001, Mother will exercise visitation from Friday evening, 5:00 p.m. until Sunday evening at 7:00 p.m. Father has agreed to allow this weekend visitation to be ongoing until such time as the Court orders and directs otherwise, or the parties may come to some other mutual agreement. ~~ ~; WHEREFORE, Plaintiff/Father respectfully requests that the Court enter an order granting primary physical custody to him and awarding periods of temporary visitation and custody to the Mother pending further order of the Court. FURTHER, on account of Mother's abuse of alcohol, crack cocaine and marijuana, it is urged that the Court order and direct that she undergo an evaluation for drugs and alcohol in order to determine her readiness and fitness as a parent. Plaintiff/Father requests any and all further relief as this Court may deem necessary, just, and appropriate and that keeps in mind the best interest of the child. Respectfully submitted, ~ Y/4/ J S M. BACH orney for Plaintiff 52 South Sporting Hill Road Mechanicsburg, PA 17055 (717)737-2033 C) C3 C _.. ~ . _ ~ '~ L~. _ _ __._ - ~ y.-`-~ J f J: ~ __ -~: .~ -~ _' CPLS 10/01/01 10: 06A P.006 _ IN'.THE COURT OF COMMON PLEAS (1 FOR THE 41st JUDICIAL DY5TRICT 5(,~~ Cc7~~~ Plaintiff . OF PENNSYLVANIA. _ PERRY COUNTY BRANCH v_ ~ C~w~ 717-232-7821 No ~ ~/~ 75a D'e'fendant - . CIVIL ACTSON -CUSTODY COMPLASNT E'OR CUSTODY 1 The Plaintiff is 1 l (~n.l~L~ L ' . . residing at ' /~~ n' 2_ The Defendant is til-~(~FY{ll C_1)~lnS ' . -- I n~~ lJr 2¢/ Pi f (~r l'.1e~Pa 7as residing ,~ ti at . 3. Plaintiff seeks (custod {partial custody) {visitation) of the following child(ren) Np,~ PRESENT ADDRESS' AGE r. ~: -. .. ....... . ~< .., ...~G .. - rr; ci ~ ~ .... Th Q -i ~~ was was .not; ~ rn child(ren) v oft o~wedlock_ __ ..._._- e . _~ The child(ren) is presently ~in trite cusCodv of 1C~U ~~~ ~ who resides at s: .. _., During the past five years, the child(ren) has resided witti:- the following persons and at the: following addresses EPLS 717-232-7821 10/01!01 10:06A P.007 LIST AT,L PERSONS ADDRESSES DATES The mother of the child(ren) is ,CjlASQl~t SJlfiUll$ ~ /1, currently residing at ~,~-o~. ~Ux c7~~`'1's She is (singlep (married).' (divorced) _ They.father of..the child('ren) is nrrl~~ ~ 1~ ~C currently residing at He is (single)(married)(divorced). ~1_ The relationship of Plaintiff to the child(ren) is m~~ _ The. Plaintiff currently resides with: ~~ RELATIONSHIP . ' ._.Chrr~ . ham. ~~t-- . • - - 5_ .The relationship of Defendant. to. the child(ren) is .••.~(`A `~.e i" The Defendant currently resides with NAME. RELATIONSHIP ,. . 6. Plaintiff (has)(has not) participated as a party or - witness, or in another capacity, in other litigation concerning ' CPLS r .~ 717-232-7821 10/01/01 10:06A P.008 the custody o£ this minor child(ren) in this or another court_ The court, term and number, and its relationship to this action is: - _ The court, term and numherr and its relationship to this action is- Plaiatiff (knows)(.does not know) of a person not a patty to the ,: . proceedings who has.physzcal Custody of the child(ren) or claims to have custody or visitation rights with respect to the child('ren)_ The. name and address e£ such person is_ 7_ The best. interest and permanent .welfare of the child(ren) will be served by granting the f requested relie becaixset K(~rld~l )_`7 ~ IY Y~i ~n 1~'Pri~ t iClQT{'~ ~i17 " 5~.~..Each parezit whose parental rights to the child(ren) .. ia;7c:,-`, .'{iY~O.-'S;~ ~~~''~,'~F±'w?H[ ~P~7r:= i; ~ : 'l'r: ~'ti~~..~i~ ^':' - ,,, ,: .:.. .:..... lsave .nat, been terminated and the:: person who has physical custody-=, - =,-,, of the: child(ren) have been2named as parties to this action~~ AlI-t other persons, named below,. who~are known to have or clazm a :.: ;.-~ ..,..:. ..__right to• Custody.or visitation. of the child(ren) will be given i - - -~ _..: notice of the pendelic.y of this action. and the right to interveae_~;=; ;;;~. L ADDRE'SS' HAS'IS O$' CLAT.M ! ~`~', .., ,... H. .. 717-232-7 ~~ ~ I CFL~_ _ 821 10/01/01 10:06A P.009 r ~~ WHEREFORE, Plaintiff requests this court to grant (custody (temporary custody)(visitation) oE,the child(ren) to the Plaintiff_ ' Respectfully submitted, ... .. Date Plain~i~~` z verify that. the statements made in this Complaint are true and cortect_ L understand that false statements herein are made subject to the penalties .of T8 Pa_C_S. §4904 relating to'unsworn . falsification to authorities- ~~"" ~~n l..C,l,~911~5 Plaintiff - 1 .. .. . „ J ~~ ): . ...'.'1 ~'?~ ~T ~ O ,z ~ ' -< r:.. ~ ~ ~ , .i` . . L r D.:.. . 'O ^-I 5 -~ -N.i 'D W ~- -- ~'~~ -±~ - -~- :.. ~r - JAlvtES M. BACH ~- Attorney At Law 352 S. Sporting Hill Rd., Mechanicsburg, PA 17050, Tel: September 24, 2001 OFFICE OF THE PROTHONOTARY PERRY COUNTY COURTHOUSE P. O. BOX 325 NEW BLOOMFIELD, PA 17068-0325 RE: Susan L. Cousins vs. Randy L. Cousins No. 2001-752 Civil Action -Custody Dear Prothonotary: Enclosed herewith please find a Preliminary Objection to Venue. Kindly process in your normal fashion. 737-2033 Respectfully, /~ ames M. Bach Attorney At Law JMB/sjr CC: Randy L. Cousins Enclosures: Preliminary Objection to Venue /Gnl. ~'Gi~/~ C~-''~°/ ~~ ~./ ?' f d - i _ _ us~r~ah'. 'R Susan Cousins, Plaintiff vs. Randy Cousins, Defendant IN THE COURT OF COMMON PLEAS FOR THE 41sT JUDICIAL DISTRICT OF PENNSYLVANIA PERRY COUNTY BRANCH No. 2001-752 CIVIL ACTION - CUSTODY PRELIMINARY OBJECTION TO VENUE AND NOW, comes the Defendant, Randy Cousins, by his Attorney, James M. Bach, and files the within Preliminary Objection to Venue in this case. The Defendant, Randy Cousins, has been served an Order of Court requesting a conference on October 1, 2001 at 9:00 A.M. regarding his son, Trevor A. Cousins, age 5-1/2, born on 1/30/96. Randy Cousins is the natural father of the child and at all times relevant hereto father and child have resided at 386 Pin Oak.Lane, Carlisle, PA. The Plaintiff is the complaining party and the natural mother of the child, Susan Cousins. There are presently no Child Support actions in any County regarding the financial obligations of Susan Cousins for the support of this child. Susan Cousins has failed to financially support this child. The child has resided on a regular, continuous basis with his natural father since he has been age 2. ~,. The place of residence has been Cumberland County, Pennsylvania, namely 386 Pin Oak Lane, Carlisle, Pennsylvania 17013 since April 1998 to the present. Cumberland County, Pennsylvania has more significant contact with the child and the father, as they are well-established permanent residents. Cumberland County is the proper County to determine this type of action. WHEREFORE, the Defendant herein, Randy L. Cousins, respectfully prays that this honorable Court dismiss the within Complaint for Custody or in the alternative, transfer this Complaint for Custody to the Office of the Cumberland County Court Administrator. Re pectfully submitted, 71~ ES M. BACH, ESQUIRE Attorney I.D.# 18727 352 S. Sporting Hill Road Mechanicsburg, PA 17050 (717)737-2033 RANDY L. COUSINS, Plaintiff vs. SUSAN L. COUSINS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-5528 CIVIL CIVIL ACTION -LAW ORDER AND NOW, this ,? 0 "~ day of October, 2001, following conference in Chambers with counsel, the following temporary order is entered without prejudice and notwithstanding the action docketed in Perry County to number 2001-752: 1. The parties shall share legal custody of the child, Trevor, born January 30, 1996. 2. The mother, Susan L. Cousins, shall have shared custody of said child three out of every four weekends, said three weekends to be consecutive and to be deemed to have commenced on the weekend of October 27-28. Said periods of weekend shared custody shall extend from Friday at 5:00 p.m. until Sunday at 7:00 p.m. 3. The parties shall divide equally the entire Thanksgiving holiday of 2001 with the mother having shared custody during the first half of said vacafion, which shall include Thanksgiving day. 4. The parties shall divide equally the Christmas holiday for 2001/2002 with the father enjoying the first half of said holiday. This provision notwithstanding, the parties shall divide the period from noon on Christmas Eve until noon on Christmas Day, and noon on Christmas Day until noon on December 26~~', with the period from noon on Christmas Eve to noon on Christmas Day being in the father. ..t The parties shall shaze transportation of the child with the party receiving custody providing transportation. Neither party shall use controlled substances nor drive while intoxicated during their respective periods of custody. It is requested that conciliation in this case be expedited. BY THE COURT, C~~~~ John Scheidemann, Esquire For the Plaintiff Joan Carey, Esquire For the Defendant :rhn ~-~t s -~~ o Syr ~ '~sr~nL:,,e~E~S=±tdaw,r~~«r ,. - ~ ~s~,. ~'~... .. _.. _:.. _.... .~r~. ~ C~ C"r i') c_: .~._ ~ ?~~ ;~ --a ~, __. .~ V7 E. ~. C.> ; ~ -!' ~:~ ~ _ _..~ ~ ~,Y _' '~, '-„' `-- . ~~ - . ~ ~ ~ ~ ' C J L7 _~ p~~ F ~'~ / RANDY L. COUSINS IN THE COURT OF COMMON PLEAS OF PLAINTIFF ; CUMBERLAND COUNTY, PENNSYLVANIA V. • 01-5528 CIVIL ACTION LAW SUSAN L. COUSINS DEFENDANT IN CUSTODY ORDER OF COiTRT AND NOW, Wednesday, November 07, 2001 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. ,the conciliator, at 39 West Maiu Street, Mechanicsburg, PA 17055 on Tuesday, December 04, 2001 at 1:00 PM for aPre-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 nan-ow 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/ awn unda 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 ]east 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 c i~Raxisth~: a:~x~ _ta.r ~,~-. ...~ H _r „o-~~:e~.c .~.,t «,~.~. ~~Yar~~a'S~~a~~xsi~~ti~~a~a~u~~rswanre. _._, _.;~.y. ,,.,....-. ~,...~.a ~s° ~ ~ r 108->/ i ..,, _ _, __ ., ..~ l~j~( ,_ .~ „~, r ~ Randy L. Cousins, Plaintiff vs. , Susan L. Cousins, . Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, OF PENNSYLVANIA No. ~~`~~g ~dUt~ IN CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached COMPLAINT, it is hereby directed that the parties and their respective Counsel appear before the Conciliator, at on the_ day of 199_, at a.m./p.m., for a Pre- Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a temporary Order. All children aged five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent Order. FOR THE COURT: BY CUSTODY CONCILIATOR YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE THIS OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: OFFICE OF THE COURT ADMINISTRATOR CUMBERLAND COUNTY COURT HOUSE FOURTH FLOOR ONE COURT HOUSE SQUARE CARLISLE, PA 17013 (717D240-6200 Randy L. Cousins, . Plaintiff vs. . Susan L. Cousins, . Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, OF PENNSYLVANIA No. Q~ _ ~~~ V l.iv O IN CUSTODY COMPLAINT FOR CUSTODY AND NOW comes the Plaintiff, Randy L. Cousins, by his/her Attorney, JAMES M. BACH, and respectfully represents as follows: 1. The Plaintiff is Randy L. Cousins, residing at 386 Pin Oak Lane Carlisle, PA 17013. 2. The Defendant is Susan L. Cousins, residing at RR #2, Box 279-5, Newport, PA 17074. 3. Plaintiff seeks custody of the following child: 4. The child is presently in the custody of Randy L. Cousins, who lives at 386 Pin Oak Lane, Carlisle, PA 17013. 5. The natural Mother of the child is Susan L. Cousins. 6. The natural Father of the child is Randy L. Cousins. 7. The relationship of Plaintiff to the child is that of Father. 8. The relationship of Defendant to the child is that of Mother. 9. The Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the child in this, or any other Court. :~;~ I 10. Plaintiff has no information of a custody proceeding concerning the custody of said child pending in a Court of this Commonwealth, or in any other jurisdiction. 11. Plaintiff does not know of a person, not a party to the proceedings, who has physical custody of the child, or claims to have custody or visitation rights with respect to the child. 12. The best interest and permanent welfare of the child will be served by granting the relief requested, because the Plaintiff can provide a stable and wholesome home environment for the child. 13. Each parent whose parental rights of the child have not been terminated, and the person who has physical custody of the child, have been named as parties to the action. Further, the child has lived exclusively with the father since the child was age 2. WHEREFORE, Plaintiff requests this Honorable Court to enter an Order, granting Plaintiff primary physical custody of the subject minor child. Respectfully submitted, DATE: September 24, 2001 By ~'w" AMES M. BACH, ESQUIRE Attorney I.D.# 18727 352 S. Sporting Hill Rd. MECHANICSSURG, PA 17055 (717)737-2033 5 kK7~k3i~9#~t2ty-,.i-~€...-: .:. 1~ ~ -. ~t s.. ., enemas ~a area ____ ~ _ _ _ -- f W ~~ ^~\~ ,`~} ~G~ ~. C~ C S` 'c: `, n~~ ~:: Z T', 7 i~` Ur ~~ ~C ~: i- r~ c~ a.~ tv !Si <T r°; :-n ~> JAN ~ ~ ~Oa~ RANDY L. COUSINS, Plaintiff vs. SUSAN L. COUSINS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5528 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 7TH day of January, 2002, the Conciliator, having received no request from either party to reschedule the Custody Conciliation Conference originally scheduled for December 4, 2001, hereby relinquishes jurisdiction. Either party may file a Petition for the scheduling of a Conference, if necessary. FOR THE COURT, ~~' Dawn S. Sunday, Esquire Custody Conciliator AI s l~ r~ ~, \~ +© ,+? a s RANDY COUSINS, Plaintiff vs. SUSAN COUSINS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-5528 CIVIL ACTION LAW IN CUSTODY ORDER_OF COURT AND NOW, this /s` day of /srgR~ 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated October 30, 2001 is vacated and replaced with this Order. 2. The Father, Randy Cousins, and the Mother, Susan Cousins, shall have shared legal custody of Trevor Cousins, born January 30, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 3. The parties shall have physical custody of the Child during the school year as follows: A. The Mother shall have custody of the Child on alternating weekends, beginning Friday, March 15, 2002, from Friday at 4:30 p.m., when the Mother shall pick up the Child from the babysitter through Monday morning when the Mother shall transport the Child to school. The Mother shall also have custody of the Child for an additional weekend beginning Friday, March 8, 2002. B. The Mother shall have custody of the Child every Wednesday from 4:30 p.m. until 7:30 p.m. C. If the Child does not have school on a Friday preceding the Mother's weekend period of custody, the custodial period shall begin on Thursday at 4:30 p.m. In the event the Child does not have school on a Monday immediately following the Mother's weekend period of custody, the custodial period shall extend through Monday at 7:30 p.m. S.."i'.~...iv .J.".,~...e ,"-, ubad .t am}vs 4- m.L:-"*m&Yrii~nnA'YI~®:ne`s'. ::e.:..- .u.~ - ,~, n.: .w ,. ..._.~. a..^- ~a'Y9i ' Nk?~ . icx'.x:~vmrv w_tir.;c:s:.::ras~v~~ ' A "~ u ~ _ ~ `.J(an) .,.:d.I- t,} :'T 1, , _ _ '. 3.s ~.,r -,._ , i ;,' - D. The Father shall have custody of the Child at all times not otherwise specified for the Mother. 4. The parties shall share having physical custody of the Child during the summer school break on an alternating weekly basis, with the exchange of custody to take place every Friday at 6:00 p.m. The summer custody schedule shall begin on the first Friday after the last day of school and shall terminate on the last Friday before the new school year resumes with the Father having custody of the Child over the weekend before the first day of school. Thereafter, the school year custody schedule shall resume with the Mother having custody on the first weekend after the first day of school. 5. The parties shall share or alternate having custody of the Child on holidays as follows A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from Christras Eve at 4:00 p.m. through Christmas Day at 2:00 p.m., and Segment B, which shall run from Christmas Day at 2:00 p.m. through December 26 at 4:00 p.m. The Mother shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. The Father shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. The parties shall equally share having custody of the Child during the remainder of the Christmas school break as arranged by agreement. B. THANKSGIVING: The Thanksgiving holiday shall be divided into Segment A, which shall run from the Wednesday before Thanksgiving at 4:00 p.m. through Thanksgiving Day at 2:00 p.m., and Segment B, which shall run from Thanksgiving Day at 2:00 p.m. through the following Friday at 4:00 p.m. The Mother shall have custody of the' Child during. Segment A in odd numbered years and during Segment B in even numbered years. The Father shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. C. EASTER: The Easter holiday shall be divided into Segment A, which shall run from the Saturday before Easter at 4:00 p.m. through Easter Sunday at 2:00 p.m., and Segment B, which shall run from Easter Sunday at 2:00 p.m. through the following Monday at 4:00 p.m. The Mother shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. The Father shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. D. MEMORIAL DAY/LABOR DAY: The Mother shall have custody of the Child every year on Memorial Day and the Father shall have custody of the Child every year on Labor Day, with the specific times to be arranged by agreement of the parties. E. JULY 4TH: The parties shall share having custody of the Child on July 4th as arranged by agreement. F. MOTHER'S DAY/FATHER'S DAY: The Mother shall have custody of the Child every year on Mother's Day and the Father shall have custody of the Child every year on Father's Day, with the specific times to be arranged by agreement. G. MISCELLANEOUS SCHOOL HOLIDAYS: In the event the Mother is available and the Father is working on any school holiday not otherwise addressed in this Order, the Mother shall have custody of the Child from the evening before the holiday through the day of the school holiday, with the specific times to be arranged by agreement. H. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 6. For vacation each year, each party may extend his or her weekly periods of custody to include three days of the other party's adjacent week of custody up to 2 times each summer upon providing at least 2 weeks advance notice to the other party. 7. For exchanges of custody during holidays and alternating weeks in the summer, the party receiving custody shall be responsible to provide transportation unless otherwise agreed. The Mother shall provide all transportation for Wednesday evening periods of custody during the school year and for returning the Child to school after her alternating weekends. 8. Neither party shall use controlled substances nor drive while intoxicated during his or her periods of custody. 9. Neither party shall do or say anything which may estrange the Child from the other pazent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 10. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, /"T' Kevin .Hess, J. can Carey, Esquire -Counsel for Mother n " r /Yolui Scheidemann, Esquire -Counsel for Father 7 / " r CCCOJ--~`~~.02 R~s ~- t RANDY COUSINS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-5528 CIVIL ACTION LAW SUSAN COUSINS, Defendant IN CUSTODY PRIOR JUDGE: Kevin A. Hess CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Trevor Cousins January 30, 1996 Father 2. A Conciliation Conference was held on March 7, 2002, with the following individuals in attendance: The Father, Randy Cousins, with his counsel, John Scheidemann, Esquire and the Mother, Susan Cousins, with her counsel, Joan Carey, Esquire. 3. The parties agreed to entry of an Order in the form as attached. ~ ~~- ~ Date Dawn S. Sunday, Esquire Custody Conciliator ~:~~. RANDY COUSINS EQ THE COURT OF COMMON PLEAS OF PLAINTIFF ~ CUMBERLAND COUNTY, PENNSYLVANIA V. • 01-5528 CIVIL ACTION LAW SUSAN COUSINS DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, February 12, 2002 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. ,the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, March 07, 2002 at 1:00 AM for aPre-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/ Dawn S. Sunda 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 fit. '~'~°~ .tlhl~AiL+§f~aass.4YaYa~'Si=Yrvrn ~.,i~s ~f.-~ ,~w.~u _, ~m4"-. ~.•46'au0ak ."x. .•~r`~v.§~:mo '^ v~: #° ~/!i~,'S:,'~ LcP~i,jr7 ~ t,_~..v_,c, r ~,_^. l~il~ ~o h/ c° ~v~r ~ ~~. ~h ~'I,,~. RANDY COUSINS, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA vs. NO.O1-5528 CIVIL TERM SUSAN COUSINS, Defendant/Petitioner :CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at on the _ day of , 2002, at .m., for aPre- 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. This court hereby directs the parties to furnish any and all existing Protection from Abuse Orders or Custody Orders to the Conciliator. By the Court, Date Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO F1ND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 OR (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. RANDY L. COUSINS, Plaintiff/Respondent vs. SUSAN L. COUSINS, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-5528 CIVIL CUSTODY PETITION FOR RESCHEDULING OF CONCILIATION CONFERENCE Petitioner, Susan Cousins, by and through her counsel, Joan Carey of MidPenn Legal Services, states the following: 1. Petitioner is the above-named Defendant, Susan Cousins, hereinafter referred to as the mother, who currently resides at RR 2, Box 279-5, Newport, Cumberland County, Pennsylvania, 17074. 2. Respondent is the above-named Plaintiff, Randy Cousins, hereinafter referred to as the father, who resides at 386 Pin Oak Lane, Carlisle, Cumberland County, Pennsylvania, 17013. 3. The above-named parties are the natural parents of Trevor Cousins, born January 30, 1996. 4. A complaint for custody was filed by the mother on August 27, 2001 in Perry County. A complaint for custody was filed by the father on September 24, 2001 in Cumberland County. 5. In addition, the father filed a Petition for an Emergency Ex Parte Custody Order on September 27, 2001 in Cumberland County. In response, the mother filed an answer and counterclaim to the father's petition and this court entered a Rule to Show Cause on the father as to why the relief requested by the mother should not be granted. The Rule was made returnable at a conference in chambers on October 30, 2001. 6. A temporary custody order was entered by Judge Hess on October 30, 2001, pending an expedited conciliation conference. The October 2001 temporary order in pertinent part, granted the mother shared legal custody and a schedule of partial physical custody three out of four weekends and a shared holiday schedule for 2001 and referred the matter to conciliation. A copy of the order is attached and incorporated herein by reference. 7. A conciliation conference was scheduled for December 4, 2001, but that conference was continued because the parties indicated that they were attempting to finalize a Stipulation to resolve the remaining custody issues. However, negotiations broke down between __ ~ , .. .. --W-- _ i the parties and no agreement was signed. 8. When MidPenn Legal Services contacted the Conciliator and asked to reschedule a conciliation conference, the Conciliator explained that she had relinquished jurisdiction on January 7, 2001. A copy of the letter from the Conciliator is attached and incorporated herein by reference. 9. Mother requests that an expedited conciliation conference be scheduled since the father is denying her time with the child on the holidays not specified in the Order of October 30, 2001. Furthermore, the father has denied the mother contact with the child for two (2) of her court ordered weekends. 10. The mother feels it is in the child's best interest for the child to be in her primary care. 11. Counsel for the father, John Scheidemann at the Law Offices of James Bach, has been notified of the filing of this petition and has agreed to the rescheduling of a conciliation conference. WHEREFORE, Petitioner respectfully requests that the court schedule a conciliation conference. Petitioner also requests any other relief this court deems just and proper. Respectfully submitted, 8 Irving Row Carlisle, PA 17013 Attorney for Petitioner MIDPENN LEGAL SERVICES, INC. ,~ ~ , RANDY L. COUSINS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-5528 CIVIL CIVIL ACTION -LAW SUSAN L. COUSINS, Defendant ORDER AND NOW, this .3 a'°~ day of October, 2001, following conference in Chambers with counsel, the following temporary order is entered without prejudice and notwithstanding the action docketed in Perry County to number 2001-752: 1. The parties shall share legal custody of the child, Trevor, born January 30, 1996. 2. The mother, Susan L. Cousins, shall have shared custody of said child three out of every four weekends, said three weekends to be consecutive and to be deemed to have commenced on the weekend of October 27-28. Said periods of weekend shared custody shall extend from Friday at 5:00 p.m. until Sunday at 7:00 p.m. 3. The parties shall divide equally the entire Thanksgiving holiday of 2001 with the mother having shared custody during the first half of said vacation, which shall inchide Thanksgiving day. 4. The parties shall divide equally the Christmas holiday for 2001/2002 with the father enjoying the first half of said holiday. This provision notwithstanding, the parties shall divide the period from noon on Christmas Eve until noon on Christmas Day, and noon on Christmas Day until noon on December 26`x', with the period from noon on Christmas Eve to noon on Christmas Day being in the father. s The parties shall share transportation of the child with the party receiving custody providing transportation. Neither party shall use controlled substances-nor drive while intoxicated during their respective periods of custody. It is requested that conciliation in this case be expedited. BY THE COURT, . ' /~Z~ Hess, J. John Scheidemann, Esquire For the Plaintiff Joan Carey, Esquire For the Defendant :rlm , ; r .... y. '~ d ~' WILLIAM L. SUNDAY DAWN S. SUNDAY ~ ` ~IOtt ~' a'1 2Lftp ~ Attorneys - at -Law ~~~, ~ .._.:.-J W a,,. w . ' _, ,'r 39 West Main Street, Ste. 1 ~ p'~'PFioTt~"t79°7~ 766-9622 Mechanicsburg, PA 17055-6230 Phone (717) 766-9698 Fax (717) 795-7280 November 29, 2001 lames M. Bach, Esquire. 352 South Sporting Hill Road Mechanicsburg, PA 17050 loan Carey, Esquire Mid-Penn Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 )tE: Cousins vs. Cousins -Cumberland County Docket No. 01-5528, In Custody pear Counsel: As you have indicated that the parties in the above-referenced matter are attempting to finalize a Stipulation resolving all outstanding custody issues, the Custody Conciliation Conference scheduled for December 4, 2001 has been continued. I will hold this matter in my office for thirty (30) days from the date of this letter. If I have not received a request by either party during that time to reschedule the Conference, I will automatically relinquish jurisdiction. I would appreciate it very much if you would notify me if the Stipulation is finalized prior to that time. Sincerely, Dawn S. Sunday DSS/cg __ , ~., VERIFICATION The above-named PETITIONER, Susan Cousins, verifies that the statements made in the above PETITION are true and correct. Petitioner understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Dater ~~\ O~~U,at3 Susan Cousins ~l ~ (" (~ f4J .. ~~ fir.,.-; t"?~ .. . I7li i', ~~ ~ , - _ ...r, . - - ; , i c~ Ga `~;.:. ~, , , ca FEB # ~. 2002 ~, RANDY COUSINS, Plaintiff/Respondent vs. SUSAN COUSINS, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5528 CIVIL TERM CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Susan Cousins, Petitioner, to proceed in forma pauperis: I, Joan Carey, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal service to the party. an Carey, Attorney for Petitioner MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 ~ ) ~ 3 _ :~~ _~''l' ~ rr: r; '7 i ~ -. s~ / i G1 ~; -1.- _ ~` ~ ~ ~ i G7-, i'4) __ ~ (.ti JUN 112007 `~~ RANDY L. COUSINS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-5528 CIVIL ACTION LAW SUSAN L. COUSINS N/K//A SUSAN L. WOODWARD, . Defendant IN CUSTODY ORDER AND NOW, this 7th day of June, 2007, the conciliator, being advised by plaintiff's counsel that all custody issues have been resolved by agreement between the parties, hereby relinquishes jurisdiction. The custody conciliation conference scheduled for June 12, 2007, is cancelled. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator u ._.., ~> fif" j f ~~t=- _ ,r _~, , ~,; ..: - --=,: --a `, . ~_ ~~ ~, ~~ Quintana M. Laudermilch, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717)657-4795 tlaudermilch(rz~dzmmglaw. com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RANDY L. COUSINS, PlaintifflPetitioner Docket No. 01-5528 v. CIVIL ACTION-LAW SUSAN L. COUSINS, (In Custody) N.K.A. SUSAN L. WOODWARD, DefendantlRespondent STIPULATION AND AGREEMENT FOR CUSTODY THIS STIPULATION AND AGREEMENT FOR CUSTODY is entered into this ~ day of , 2007, by and between Randy L. Cousins (hereinafter referred to as "Father") and Susan L. Woodward (herein after referred to as "Mother"). NOW THIS AGREEMENT WITNESSETH THAT: WHEREAS, the Parties are the natural parents of one (1) minor child, namely, Trevor Cousins, whose date of birth is December 30, 1996; and WHEREAS, Petitions to Modify Custody were filed by both Mother and Father on May 10, 2007 and aPre-hearing Custody Conference is currently scheduled for June 12, 2007; and WHEREAS, the Parties hereto have been able to bring this matter to resolution without the need for Court intervention; and WHEREAS, the Parties wish to work together to make decisions that they believe are currently in the best interest of the Child; and WHEREAS, the Parties have reached an agreement with regard to legal and physical custody of the Child; and WHEREAS, the Parties now wish to formalize and memorialize the terms of their agreement; and WHEREAS, both Father and Mother request that the following Custody Stipulation and Agreement be entered as a Court Order. NOW THEREFORE, with the aforegoing recitals being hereinafter incorporated by reference and deemed an essential part hereof and in consideration of the covenants and promises hereinafter to be mutually kept and performed by each Party, as well as for other good and valuable consideration, receipt of which is hereby acknowledged, the Parties, intending to be legally bound, hereby agree as follows: 1. The Parties hereby agree to share legal custody of the Child. Major decisions concerning the Childs health, welfare, education and religion shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the Child's best interest. 2. Primary custody of the Child shall be with Father. 3. Mother shall have physical custody of the Child on alternating weekends beginning Fridays at 6:00 p.m. and ending on Sundays at 8:00 p.m. 4. Mother shall have the Child for seven (7) consecutive days during the summer for vacation purposes. The selected day(s) will be mutually determined by the Parties and notice must be provided to Father at least thirty (30) days in advance. 5. The following holidays shall be alternated between the Parties: New Year's Day, Easter, Memorial Day, July 4`h, Labor Day, and Thanksgiving. Mother shall have the following holidays in all odd years and Father shall have the following holidays in all even years: New Year's Day, Memorial Day, and Labor Day. Father shall have the following holidays in all odd years and Mother shall have the following holidays in all even years: Easter, July 4~', and Thanksgiving. 6. The Christmas Holiday will be divided into Segment A, which shall run from Christmas Eve at 4:00 p.m. through Christmas Day at 2:00 p.m., and Segment B, which shall run from Christmas Day at 2:00 p.m. through December 26 at 4:00 p.m. Mother shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. Father shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. 7. Father shall have custody of the Child on Father's Day and Mother shall have custody of the Child on Mother's Day. 8. The holiday schedule shall take precedence over the regular custody schedule. 9. Transportation for all visits shall be provided by the Parties. Unless otherwise agreed to by the Parties, the parent who is to receive custody at the time of the exchange is to provide transportation to and from the residence of the other parent. No one transporting the Child shall be intoxicated while transporting the Child. 10. During any period of custody or visitation, the Parties shall not possess or use controlled substances or consume alcoholic beverages to the point of intoxication. The Parties shall likewise assure, to the extent possible, that the other household members and/or house guests comply with this provision. 11. The Parties shall refrain from making derogatory comments about the other Party in the presence of the Child and, to the extent possible, shall prevent third parties from making such comments in the presence of the Child. 12. It is understood and stipulated by the Parties that upon mutual agreement, an expanded or altered schedule may be agreed upon between the Parties and that such mutual agreement would be in the best interest of the Children. Any major, long-term modifications of this Stipulation and Agreement need to be in writing, agreed to by both Parties, and executed with the same formalities as this Stipulation. In the event that either Party is not in agreement with a proposed change, this Stipulation and Agreement will control the custodial arrangement until such time as the Parties are able to agree, or until further Order of the Court. 13. Both Parties are entitled to reasonable telephone or a-mail contact with the Child when the Child is in the custody of the other Party. The Parties shall provide to one another an emergency contact telephone number, a-mail address or contact person. 14. Neither Party shall relocate from a current address if such relocation will necessitate a change in the custody schedule as set forth in this Order, or if the relocation will be to a location in excess of fifty (50) miles from the other Party's then-current address without (a) such Party's first giving prior written notice to the other Party not less than sixty (60) days prior to the planned relocation, and (b) either written consent of the other Party to such relocation or further Order of this Court. In the event of any intended relocation, either Party may seek modification of the terms of this custody Order by filing a Petition to Modify Custody with the Prothonotary. _~ L~~~X.C/~~~ uintina M. audermilch, Esquire Randy L. C sins, Plaintiff _ c- i ael John Whar ,Esquire Susan L. Woodward, Defendant C ~ z~ ~ ~z `~~ -J "` i ~.:~ iJ '"~ r, '~ i7 "" : t's'~ ._ [11 - ~. ~ ~r • .. SUN ;`~ Quintina M. Laudennilch, Esquire ~ ~ t DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717)657-4795 tl and enni l ch [a.dznungl aw. com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RANDY L. COUSINS, Plaintiff/Petitioner v. SUSAN L. COUSINS, N.K.A. SUSAN L. WOODWARD, Defendant/Respondent Docket No. 01-5528 CIVIL ACTION-LAW (In Custody) ORDER OF COURT AND NOW, this ~' day of , 2007, upon presentation and consideration of the within Stipulation and Agreement, and upon agreement of the Parties, it is hereby ORDERED and DECREED as follows: 1. The Parties hereby agree to share legal custody of the Child. Major decisions concerning the Childs health, welfare, education and religion shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the Child's best interest. 2. Primary custody of the Child shall be with Father. 3. Mother shall have physical custody of the Child on alternating weekends beginning Fridays at 6:00 p.m. and ending on Sundays at 8:00 p.m. 4. Mother shall have the Child for seven (7) consecutive days during the summer for vacation purposes. The selected day(s) will be mutually determined by the Parties and notice must be provided to Father at least thirty (30) days in advance. .'tl~~yji 1" b 3 b 1 ~~~ 5. The following holidays shall be alternated between the Parties: New Year's Day, Easter, Memorial Day, July 4`", Labor Day, and Thanksgiving. Mother shall have the following holidays in all odd years and Father shall have the following holidays in all even years: New Year's Day, Memorial Day, and Labor Day. Father shall have the following holidays in all odd years and Mother shall have the following holidays in all even years: Easter, July 4`h, and Thanksgiving. 6. The Christmas Holiday will be divided into Segment A, which shall run from Christmas Eve at 4:00 p.m. through Christmas Day at 2:00 p.m., and Segment B, which shall run from Christmas Day at 2:00 p.m. through December 26 at 4:00 p.m. Mother shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. Father shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. 7. Father shall have custody of the Child on Father's Day and Mother shall have custody of the Child on Mother's Day. 8. The holiday schedule shall take precedence over the regular custody schedule. 9. Transportation for all visits shall be provided by the Parties. Unless otherwise agreed to by the Parties, the parent who is to receive custody at the time of the exchange is to provide transportation to and from the residence of the other parent. No one transporting the Child shall be intoxicated while transporting the Child. 10. During any period of custody or visitation, the Parties shall not possess or use controlled substances or consume alcoholic beverages to the point of intoxication. The Parties shall likewise assure, to the extent possible, that the other household members and/or house guests comply with this provision. 11. The Parties shall refrain from making derogatory comments about the other Party in the presence of the Child and, to the extent possible, shall prevent third parties from making such comments in the presence of the Child. 12. It is understood and stipulated by the Parties that upon mutual agreement, an expanded or altered schedule may be agreed upon between the Parties and that such mutual agreement would be in the best interest of the Children. Any major, long-term modifications of this Stipulation and Agreement need to be in writing, agreed to by both Parties, and executed with the same formalities as this Stipulation. In the event that either Party is not in agreement with a proposed change, this Order will control the custodial arrangement until such time as the Parties are able to agree, or until further Order of the Court. 13. Both Parties are entitled to reasonable telephone or a-mail contact with the Child when the Child is in the custody of the other Party. The Parties shall provide to one another an emergency contact telephone number, a-mail address or contact person. 14. Neither Party shall relocate from a current address if such relocation will necessitate a change in the custody schedule as set forth in this Order, or if the relocation will be to a location in excess of fifty (50) miles from the other Party's then-current address without (a) such Party's first giving prior written notice to the other Party not less than sixty (60) days prior to the planned relocation, and (b) either written consent of the other Party to such relocation or further Order of this Court. In the event of any intended relocation, either Party may seek modification of the terms of this custody Order by filing a Petition to Modify Custody with the Prothonotary. BY THE COURT: ./