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HomeMy WebLinkAbout03-2651L. LUKENS, JR., : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY : PENNSYLVANIA vs. : CIVIL ACTION LUKENS, : NO. Defendant : IN DIVORCE NOTICE OF RIGHT TO COUNSELING You are one of the parties in the above captioned action in divorce. By virtue of Section 202 of the Pennsylvania Divorce Code, it is a duty of the Court to advise both parties of the availability of counseling and upon request of either provide both parties a list of qualified professionals who provide such services. Accordingly, if you desire counseling a list of marriage counselors is available in the office of the Prothonotary at: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013-3387 Prothonotary L. LUKENS, JR., : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY : PENNSYLVANIA VS. CIVIL ACTION LUKENS, NO. ®3 Qp?r-l Defendant IN DIVORCE CONSOLIDATED COMPLAINT IN DIVORCE Plaintiff is Gary L. Lukens, Jr., a citizen of Pennsylvania, siding at RD 4, Box 4411, Duncannon, Perry County, Pennsylvania. Defendant is Laura Lukens, a citizen of Pennsylvania, residing t 864 Erford Road, Camp Hill, Cumberland County, Pennsylvania. 113. Plaintiff and Defendant are sui 'uris and have been bonafide residents of the Commonwealth of Pennsylvania for at least six months immediately preceding the filing of this Complaint. 4. The parties are husband and wife and were lawfully married on February 14, 2000, in Perry County, Pennsylvania. 5. The marriage is irretrievably broken. 6. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. The Plaintiff has been advised of the availability of nseling and of the right to request that the Court require the ties to participate in counseling. COUNT I Request for a Fault Divorce Under 3301(a)(6) of the Divorce Code The prior paragraphs of this Complaint are incorporated herein reference thereto. 10. Defendant has offered such indignities to the Plaintiff, who is the innocent and injured spouse, as to render Plaintiff's condition intolerable and life burdensome. 11. This action is not collusive. 12. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree of Divorce, pursuant to 3301(a)(6) of the Divorce Code. COUNT II Request for Divorce Due to Irretrievable Breakdown Under 3301(c) of the Divorce Code 13. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 14. The marriage of the parties is irretrievably broken. 5. After ninety (90) days have elapsed from the date of the filing f this Complaint, Plaintiff intends to file an affidavit consenting o a divorce. Plaintiff believes that Defendant may also file such n affidavit. 16. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, if both parties file affidavits to a divorce after ninety (90) days have elapsed from the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301(c) of the Divorce Code. COUNT III Request for Divorce Due to Irretrievable Breakdown Under 3301(d) of the Divorce Code 17. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 18. The marriage of the parties is irretrievably broken. 19. After a period of two (2) years has elapsed from the date of separation, Plaintiff intends to file his affidavit of having lived separate and apart. 20. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, if two (2) years have elapsed from the date of separation and Plaintiff has filed his affidavit, Plaintiff fully requests the Court to enter a Decree of Divorce, t to 3301(d) of the Divorce Code. COUNT IV Request for Equitable Distribution of Marital Property Under 3104, 3323, 3501, 3502 and 3503 of the Divorce Code 21. The prior paragraphs of this Complaint are incorporated herein Dy reference thereto. 2. Plaintiff and Defendant have acquired property, both real and ersonal during their marriage from the date of said marriage until he date of their separation. 3. Plaintiff and Defendant have been unable to agree as to an quitable distribution of said property. WHEREFORE, Plaintiff respectfully requests the Court to equitably distribute the marital property of the parties, pursuant to 3104 and 3502(a) of the Divorce Code. COUNT VI Request for Counsel Fees, Costs and Expenses Under 3104, 3323, 3502(e) and 3702 of the Divorce Code 24. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 25. Plaintiff has employed Mary A. Etter Dissinger, Esquire of the law firm of Dissinger & Dissinger to represent him in this matrimonial cause. 26. Plaintiff is unable to pay the necessary counsel fees, costs, and expenses and Defendant is more than able to pay them. WHEREFORE, reserving the right to apply to the Court for mporary counsel fees, costs and expenses, prior to final hearing, aintiff requests that, after final hearing, the Court order fendant to pay Plaintiff's reasonable counsel fees, costs and COUNT VII Request for Confirmation of Custody Under 3104 Divorce Code 27. The prior paragraphs of this Complaint are incorporated herein Dy reference thereto. 8. Plaintiff is Gary L. Lukens, Jr., residing at RD 4, Box 4411, uncannon, Perry County, Pennsylvania. 9. Defendant is Laura Lukens, residing at 864 Erford Road, Camp ill, Cumberland County, Pennsylvania. 0. Plaintiff seeks custody of the following children: Present Residence Austin J. Lukens 31 32 t L. Lukens RD 4, Box 4411 Duncannon, PA 17020 RD 4, Box 4411 Duncannon, PA 17020 Austin J. Lukens was born out of wedlock. Garrett L. Lukens was not born out of wedlock. Age 5 1 year 11 months 3. The children are presently in the custody of Father, Gary L. ukens, Jr. who resides at RD 4, Box 4411, Duncannon, Perry County, ennsylvania. 4. During the past five years, the children have resided with the ollowing persons at the following addresses: ix-son Address Date ry Lukens, Jr. 220 South Enola Drive c. summer 5/1/98 ura Lukens Enola, PA 17025 to c. summer 99 stin Lukens ight Stewart cole Stewart alyn Stewart ry Lukens, Jr. 864 Erford Road c. summer 99 to ura Lukens Camp Hill, PA 17011 6/25/01 stin Lukens ight Stewart cole Stewart alyn Stewart Gary Lukens, Jr. 864 Erford Road 6/25/01 to Laura Lukens Camp Hill, PA 17011 5/24/03 Austin Lukens Garrett Lukens Dwight Stewart Nicole Stewart Chalyn Stewart Gary Lukens, Jr. R.D. 4, Box 4411 5/24/03 to Austin Lukens Duncannon, PA 17020 present Garrett Lukens Gary Lukens, Sr. Donna Lukens 35. The mother of the children is Laura Lukens who currently resides at 864 Erford Road, Camp Hill, Cumberland County, Pennsylvania. 36. She is married to Plaintiff. 37. The father of the children is Gary L. Lukens, Jr. who currently resides at RD 4, Box 4411, Duncannon, Perry County, Pennsylvania. 8. He is married to Defendant. 9. The relationship of Plaintiff to the children is that of ather. The Plaintiff currently resides with his parents Gary ukens, Sr., Donna Lukens, and his children Austin Lukens, and arrett Lukens. 0. The relationship of Defendant to the children is that of other. The Defendant currently resides with her three other hildren Dwight Stewart, Nicole Stewart, and Chalyn Stewart. 1. Plaintiff has not participated as a party or witness, or in nother capacity, in other litigation concerning the custody of the hildren in this or another court. 42. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 43. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 44. The best interest and permanent welfare of the children will be served by granting the relief requested because Plaintiff is better able to nurture and meet the best interest of the children. 45. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. All other persons, named below who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene: NONE. . Defendant shall have the right to reasonable and liberal sitation with the children. WHEREFORE, Plaintiff respectfully prays your Honorable Court to rant custody to Plaintiff and that Defendant be granted reasonable ights of visitation. Respectfully submitted, DISSINGER & DISSINGER Mary A. Etter Attorney for Supreme Court 28 North 32nd Camp Hill, PA 717-975-2840 Dissinger ?laintiff ID # 27736 Street 17011 VERIFICATION I, Gary L. Lukens, Jr., verify that the statements made in the Divorce Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification. r? _ r i :' w ?C ? _ ? ? ?:; ? .? t w A b', 0 L. LUKENS, JR., : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY : PENNSYLVANIA VS. : CIVIL ACTION LUKENS, : NO. 03-2651 Defendant : IN DIVORCE AFFIDAVIT OF MAILING (COMMONWEALTH OF PENNSYLVANIA . ss .. ]COUNTY OF PERRY Mary A. Etter Dissinger, Esquire, attorney for Plaintiff, being duly sworn according to law, says that she mailed by United States Certified Mail, Restricted Delivery, a true and correct copy of the Plaintiff's Complaint in Divorce in this action to the Defendant at her residence, and that Defendant did receive same as evidenced by the signed receipt dated June 7, 2003, attached hereto as Exhibit "A Mary A.' Etter Dissinger, ; squire Attorney for Plaintiff 28 North 32nd Street Camp Hill, PA 17011 (717) 975-2840 Sworn to and subscribed before me this q0% day oft. ng, 2003. L 1 otary Public NOTARIAL SEAL UNHANN SNYDEPR?NyobryPift my Can Non Ems MaYO 16 y2005 ComPlefe kern 4If rterns 1 • so thaiou R?me tetl ?e/Po 3. Also co Attach we can retntl adely o?i? Plete or o this c urn the On the n the and to fh cartl s ev e I. "_icl front if spec back of the [y, 'I a gyo,??? to: a Penhits. the Mallp;ece p(oej j 0a ft-P //,,/ I , 104 RESTRICTE?o„ ? 2 ^^An'i``Nr O b' 166" 3Q r r" Ju/y 1999 aft' °I S l 4. A' Rsce;vetl.y "°?ae r'nnr C' SI nature C?ByY/ B• Date o D. Is tle if FS ", Treys Off* ant Yeliv y A t aoOre., ?"e i? egdras No . Ce"iey all Rag;stareo Fxp nyumd Mai/ 'Cl Returess Mail Nctad\ ?D Receiptf Msrc / handiye yea Dcmestic Retum Rfte,Pt loasys.ee\ EXHIBIT "A." v c' - , m r. :lf - T - i U! art - =/ I 1 GARY L. LUKENS, JR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 03-2651 CIVIL ACTION LAW LAURA LUKENS IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday June 11, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before _Melissa P. Greevy, Esq. the conciliator, at 301 Market Street Lemoyne PA 17043 on Thursday, July 17, 2003 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Melissa P Gravy- Fso cl Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 L j: i P," 71 iii I!' ?O GARY L. LUKENS, JR., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Plaintiff CIVIL ACTION NO 03 2651 IN DIVORCE Vs LAURA LUKENS, Defendant ANSWER TO COMPLAINT IN DIVORCE 1. In response to paragraph one of Plaintiffs complaint, Defendant neither admits nor denies the same and leaves Plaintiff to his proofs. 2. In response to paragraph two of Plaintiffs complaint, Defendant admits the same. 3. In response to paragraph three of Plaintiffs complaint, Defendant admits the same. 4. In response to paragraph four of Plaintiffs complaint, Defendant admits the same. 5. In response to paragraph five of Plaintiffs complaint, Defendant admits the same. 6. In response to paragraph six of Plaintiffs complaint, Defendant admits the same. 7. In response to paragraph seven of Plaintiffs complaint, Defendant admits the same. 8. In response to paragraph eight of Plaintiffs complaint, Defendant admits the same. COUNTI 9. In response to paragraph nine of Plaintiffs complaint, Defendant admits the same. 10. In response to paragraph ten of Plaintiffs complaint, Defendant denies the same, as it is untrue as plead. 11. In response to paragraph eleven of Plaintiffs complaint, Defendant neither admits nor denies the same and leaves Plaintiff to his proofs. 12. In response to paragraph twelve of Plaintiffs complaint, Defendant admits the same. WHEREFORE, as all of the allegations contained in paragraph ten are untrue and the Plaintiff is the exclusive basis for the dissolution of this marriage, Defendant asks that this court not enter a decree of Divorce pursuant to 3301 (a) (6) of the Divorce Code. COUNT II 13. In response to paragraph thirteen of Plaintiffs complaint, Defendant admits the same. 14. In response to paragraph thirteen of Plaintiffs complaint, Defendant admits the same. 15. In response to paragraph fourteen of Plaintiffs complaint, Defendant neither admits nor denies this allegation and leaves Plaintiff to his proofs. 16. In response to paragraph sixteen of Plaintiffs complaint, Defendant admits the same. WHEREFORE, the Defendant cannot speculate on who will sign what and when. To this extent she requests that this prayer for relief be denied. COUNT III 17. In response to paragraph seventeen of Plaintiffs complaint, Defendant admits the same. 18. In response to paragraph eighteen of Plaintiffs complaint, Defendant admits the same. 19. In response to paragraph nineteen of Plaintiffs complaint, Defendant neither admits nor denies the same and leaves Plaintiff to his proofs. 20. In response to paragraph twenty of Plaintiffs complaint, Defendant admits the same. WHEREFORE, Defendant cannot speculate on the status of the parties or this case after two years and to this extent asks this honorable court to deny this relief. COUNT IV 21. In response to paragraph twenty-one of Plaintiffs complaint, Defendant admits the same. 22. In response to paragraph twenty- two of Plaintiffs complaint, Defendant admits the same. 23. In response to paragraph twenty-three of Plaintiffs complaint, Defendant admits the same. WHEREFORE, as Defendant is the fit and proper person to have full custody of the party's minor children, she respectfully requests that this court distribute the marital property to reflect the needs of her family unit and the minor children in her custody. COUNT VI 24. In response to paragraph twenty-four of Plaintiffs complaint, Defendant admits the same. 25. In response to paragraph twenty-five of Plaintiffs complaint, Defendant neither admits nor denies this allegation and leaves Plaintiff to his proofs. 26. In response to paragraph twenty-six of Plaintiffs complaint, Defendant denies the same, as it is untrue as plead. In further response to paragraph twenty-six, Defendant affirmatively states that the Plaintiff is gainfully employed and well and able to pay all of his attorney fees and costs. Defendant also states that she is responsible for the maintenance and care of herself and five children and is incapable of paying the Plaintiffs attorney fees now or anytime in the future. WHEREFORE, Defendant respectfully requests this relief be denied. COUNT VII 27. In response to paragraph twenty-seven of Plaintiffs complaint, Defendant admits the same. 28. In response to paragraph twenty-eight of Plaintiffs complaint, Defendant neither admits nor denies this allegation and leaves Plaintiff to his proofs. 29. In response to paragraph twenty-nine of Plaintiffs complaint, Defendant admits the same. 30. In response to paragraph thirty of Plaintiffs complaint, defendant neither admits nor denies this allegation and leaves Plaintiff to his proofs. 31. In response to paragraph thirty-one of Plaintiffs complaint, Defendant neither admits nor denies this allegation and leaves Plaintiff to his proofs. 32. In response to paragraph thirty-two of Plaintiffs complaint, Defendant admits the same. 33. In response to paragraph thirty-three of Plaintiffs complaint, Defendant responds as follows: Plaintiff wrongfully and with design and forethought removed Austin Lukens, age 5 and Garrett Lukens age 2 from the marital residence without the consent of the Defendant. Defendant has repeatedly asked for the return of the children. Plaintiff does not have legal custody of the children. Plaintiff is currently holding the children as a result of his wrongful acts only. 34. In response to paragraph thirty-four of Plaintiffs complaint, Defendant neither admits nor denies the same and leaves the Plaintiff to his proofs. 35. In response to paragraph thirty-five of Plaintiffs complaint, Defendant neither admits nor denies the same and leaves Plaintiff to his proofs. 36. In response to paragraph thirty-six of Plaintiffs complaint, Defendant admits the same. 37. In response to paragraph thirty-seven of Plaintiffs complaint, Defendant responds as follows: Plaintiff admits the Plaintiff is the father of the children. In response to Plaintiffs current residence, Defendant neither admits nor denies this allegation and leaves Plaintiff to his proofs. 38. In Response to paragraph thirty-eight of Plaintiffs complaint, Defendant admits the same. 39. In response to paragraph thirty-nine of Plaintiffs complaint, Defendant neither admits nor denies this allegation and leaves Plaintiff to his proofs. 40. In response to paragraph forty of Plaintiffs complaint, Defendant admits that she is the mother of five children, including Austin and Garrett Lukens. 41. In response to paragraph forty-one of Plaintiffs complaint, Defendant neither admits nor denies this allegation and leaves Plaintiff to his proofs. 42. In response to paragraph forty-two of Plaintiffs complaint, Defendant neither admits nor denies this allegation and leaves Plaintiff to his proofs. 43. In response to paragraph forty-three of Plaintiff complaint, Defendant neither admits nor denies this allegation and leaves Plaintiff to his proofs. 44. In response to paragraph forty-four of Plaintiffs complaint, Defendant denies the same as is untrue as plead. The best interest of the minor children will be served by granting full custody to Defendant mother. The Defendant is more than qualified to nurture the needs and best interest of her sons Austin and Garrett Lukens. 45. In response to paragraph forty-five of Plaintiffs complaint, Defendant admits the same. 46. In response to paragraph forty-six of Plaintiffs complaint, Defendant states as follows: Defendant is a fit and proper party of this marriage to be vested with full custody of the parties minor children. The Plaintiff shall enjoy the degree of visitation recommended by the court. To the extent that Plaintiff asserts that he should have primary custody and Defendant shall enjoy visitation, the Defendant denies the same, as it is untrue as plead. WHEREFORE, Defendant respectfully requests this honorable court grant full custody of Austin and Garrett Lukens to her and deny Plaintiffs requested relief in regard to custody. Respectfully Submitted, LD.68721 Attorney for Defendant Law Offices of Paul Bradford Orr 50 East High Street Carlisle, PA 17013 717-258-8558 VERIFICATION I, Laura Lukens, verify that the statements made in the Answer to Divorce Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA. C.S. 4904 relating to unsworn falsification. Lb.? k..u-xR Laura Lukens, Defendant c? « r, _T J =3 o to ? JUL22m,,4 GARY L. LUKENS, JR., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. LAURA LUKENS, Defendant ORDER OF COURT NO. 03-2651 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY AND NOW, this 'Z day of 2003, upon consideration of the attached Custody Conciliation Summary Report, i is hereby ordered and directed as follows: 1. Legal Custody. The parties, Gary L. Lukens, Jr. and Laura Lukens, shall have shared legal custody of the minor children, Austin J. Lukens, born May 1, 1998 and Garrett L. Lukens, born June 25, 2001. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. The parties shall share parenting time in accordance with the following schedule: During the weeks when Father works Tuesday through Saturday, Father will have custody from 10:00 a.m. Sunday until Wednesday when Mother gets off work, and Mother shall have custody from Wednesday evening after work until 10:00 a.m. on Sunday. During the weeks when Father works from Monday through Friday, or Sunday through Thursday, Father shall have custody from Wednesday at 8:00 p.m. until Sunday at 10:00 a.m., and Mother shall have custody from Sunday at 10:00 a.m. until Wednesday at 8:00 p.m. Father works a schedule which changes each four (4) weeks. June 15, 2003 was the second week of the Tuesday through Saturday schedule. This schedule will then be followed by four (4) weeks of the Sunday through Thursday schedule and four (4) weeks of the Monday through Friday schedule. NO. 03-2651 CIVIL TERM 3. Holidays. A. Christmas. Christmas will be divided into two segments, Segment A and Segment B. Segment A shall be from December 24th at 8:00 p.m. until December 25th at 12:00 p.m. Segment B shall be from December 25th at 12:00 p.m. until December 26th at 12:00 p.m. In odd-numbered years, Mother will have Segment A and Father will have Segment B. In even- numbered years, Father will have Segment A and Mother will have Segment B. B. Easter. Easter will be divided into two segments, Segment A and Segment B. Segment A shall be from 8:00 p.m. Easter Saturday until 12:00 p.m. Easter Sunday. Segment B shall be from 12:00 p.m. Easter Sunday until 8:00 p.m. Easter Sunday, or if there is no school on Monday following Easter, the custodial period will be extended until 12:00 p.m. the Monday following Easter. In odd-numbered years, Father will have Segment A and Mother will have Segment B. In even-numbered years, Mother will have Segment A and Father will have Segment B. C. Alternating Holidays. The following holidays will alternate beginning with Father having custody for Labor Day 2003: Labor Day, Thanksgiving, New Year's Day, Memorial Day and Independence Day. D. Children's Birthdays. Mother shall have custody of the children on their birthdays from Noon or after school until 8:00 p.m. 4. During any period of custody or visitation the parties to this Order shall not possess or use controlled substances, neither shall they consume alcoholic beverages. The parties shall likewise ensure, to the extent possible, that the other household members and/or house guests comply with this prohibition. 5. Mother's children, Dwight or Nicole, may baby-sit the younger children for periods of not more than two (2) hours. In the event either party is unavailable to provide care for the children for two (2) hours or more during his or her period of custody, that party shall first make a reasonable effort to contact the other party to offer the parent the opportunity to provide care for the children before contacting third-party caregivers. NO. 03-2651 CIVIL TERM 6. This Order is temporary in nature. The parties may deviate from the terms of the Order by their mutual agreement. In the absence of mutual agreement, the terms of the Order shall control. 7. A hearing is scheduled in Courtroom Number J of the Cumberland County Courthouse, on the 1-3--l' day of August, 2003, at I-ys o'clock A .M., at which time testimony will be taken. For the purposes of the hearing, the Father, Gary L. Lukens, Jr., shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. BY J. Dist: Mary A. Etter Dissinger, Esquire, 28 N. 32na Street, Camp Hill, PA 17011 Rich Gan, Esquire, 50 E. High Street, Carlisle, PA 17013 1 RKS 07 .25 -ct3 J 'j- '•- JUL 7 2003 GARY L. LUKENS, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. LAURA LUKENS, Defendant NO. 03-2651 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Austin J. Lukens May 1, 1998 Father and Mother Garrett L. Lukens June 25, 2001 Father and Mother 2. A Custody Conciliation Conference was held on July 17, 2003 following Father's Complaint filed on June 5, 2003. Present for the conference were: the Father, Gary L. Lukens, Jr., and his counsel, Mary A. Etter Dissinger, Esquire; the Mother, Laura Lukens, and her counsel, Rich Gan, Esquire. district. The parties reached an agreement as to all issues except the choice of school 4. Father's position with regard to the school district choice is as follows: Father would prefer that the children attend school in the Susquenita School District. This is the school district where he resides and where he expects he will continue to reside for the foreseeable future. His preference is partly based on his disappointment in the response of the East Pennsboro School District to some of the difficulties that were present with his wife's two older children this past academic year. Father has offered to do all of the transportation for the children to attend the Susquenita School District so that Mother does not have to drive back and forth. He has also offered to ask for a shift change at work if it is necessary to facilitate the arrangements. Father presently works 3:00 p.m. to 11:15 p.m. 5. Mother's position with regard to the school district choice is as follows: Mother prefers that the children attend the East Pennsboro School District, where she resides. This is also the school district where the children had been living up until the point of separation on May 24, 2003. NO. 03-2651 CIVIL TERM 6. A hearing on the sole issue of choice of school district will be necessary. The five year old son will be starting kindergarten in the coming academic school year and has presently been enrolled in the East Pennsboro School District Date Melissa Peel Greevy, Esquire Custody Conciliator :216097 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA GARY L. LUKENS, JR., Plaintiff Vs LAURA LUKENS, Defendant CIVIL ACTION NO 03 2651 IN DIVORCE MOTION TO COMPEL PAYMENT OF MARITAL DEBT 1. That the Plaintiff vacated the marital residence without notice on May 23, 2003. 2. That the Defendant has been unable to make a first or second mortgage payment since the Plaintiff's date of departure. 3. That her entire salary is utilized for food, utilities, day care and collateral home expenses. 4. That the first and second mortgage payments have not been made for the months of June, July and August 2003 in the amount of $711 and $374 respectively. 5. That as a result, the marital residence has been placed in foreclosure status. 6. That the Plaintiff, with specific design and intent is depriving the Defendant a place to live and she (and her children) will eventually become homeless during this proceeding. 7. That Plaintiffs actions are designed to disrupt, demoralize and destroy Plaintiffs household in an effort to gain custody of the parties minor children 8. That Plaintiffs actions are without remorse, reservation or moral content. 9. That the Plaintiff is well and able to assist in the payment of the first and second mortgages during the pendency of this proceeding and until the house is sold. WHEREFORE, Defendant respectfully requests this honorable court compel the Plaintiff to pay one half of the first and second mortgage payments on the marital residence during the pendency of this proceeding and up and through the time the home is sold. The Defendant further requests that the Plaintiff be required to immediately bring the first and second mortgage payments up to date in order to remove the "in foreclosure" status on the mortgages. Respectfully Submitted, --Kchard R.Gan, Esquire I.D.68721 Attorney for Defendant Law Offices of Paul Bradford Orr 50 East High Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA GARY L. LUKENS, JR., Plaintiff Vs LAURA LUKENS, Defendant CIVIL ACTION NO 03 2651 IN DIVORCE NOTICE OF HEARING MOTION TO COMPEL PAYMENT OF MARITAL DEBT Defendants motion to compel payment of marital debt shall be l?ar?n the 181h day of August 2003 at 2:30 in the afternoon. ( t / Respectfully Submitted, Richard R.Gan, Esquire Copy I °A.-)%2 LCy 91 -10 ,(1},j ( r.D.6a?z1 ? y Attorney for Defendant COPY rn??` ?v I\_(]? Law Offices of Paul Bradford Orr J/?T/ -?/ ! 50 East High Street G ° = r , 5 a LC t _ 3- mil IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA GARY L. LUKENS, JR., Plaintiff CIVIL ACTION NO 03 2651 IN DIVORCE Vs LAURA LUKENS, Defendant NOTICE OF HEARING CHILD CUSTODY The hearing previously scheduled in this matter for the 13`h d; shall now be held on the 18`h day of August 2003 at 2:30 in a.m (Spy Pc1Lze.3tzC(x 910'r-j 40 ,cry g44-) oc>Py M:a-ft? ?be44- Honorable Edgar B. Bayley Prepared by: Richard R.Gan, Esquire c am G ., n c: v(, ?, _, rn;' z ? _ ? .. ??, T -->.. ` _ r. , c ' ..?, , s ?. r_ ? L -?, ,:.r, - ?, .. r -c f U -17 AUG' 1 4 2003 GARY L. LUKENS, JR., Plaintiff Vs. LAURA LUKENS, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA : CIVIL ACTION : NO. 03-2651 : IN DIVORCE ORDER AND NOW, this I 1 day of Aha 2003, a hearing on Plaintiff's New Matter and Request for Defendant to Relinquish Pre-Marital Property of Plaintiff to Plaintiff is scheduled for August 18, 2003, at 2:30 p.m. B J. O? GARY L. LUKENS, JR., IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. LAURA LUKENS, DEFENDANT 03-2651 CIVIL TERM ORDER OF COURT AND NOW, this -71-0 day of August, 2003, other then the distribution of premarital property which was resolved by agreement at the hearing, the motion of each party for pendente economic relief, IS DENIED. By Edgar B. Bayley, J. Mary A. Etter Dissinger, Esquire Cam mc0.%I ec. g.a .03 For Plaintiff 1 a 7 RIBS Richard R. Gan, Esquire - ,fe(k50n6AI +O For Defendant :sal 'r ?? •" 'l ' Jl?v '... r'c` ? GARY L. LUKENS, JR., IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. LAURA LUKENS, DEFENDANT 03-2651 CIVIL TERM ORDER OF COURT AND NOW, this '1? day of August, 2003, IT IS ORDERED: (1) The temporary order of July 23, 2003, is vacated and replaced with this order. (2) Gary L. Lukens, Jr., and Laura Lukens shall have shared legal custody of Austin J. Lukens, born May 1, 1998, and Garrett L. Lukens, born June 25, 2001. (3) The parents shall share physical custody of Austin and Garrett as follows: (a) During the weeks when father works Tuesday through Saturday, he shall have the children from 10:00 a.m. Sunday until Wednesday when mother gets off work, and she shall have them from Wednesday evening after work until 10:00 a.m. on Sunday. During the weeks when father works from Monday through Friday, or Sunday through Thursday, he shall have the children from Wednesday at 8:00 p.m. until Sunday at 10:00 a.m., and mother shall have them from Sunday at 10:00 a.m. until Wednesday at 8:00 p.m. Father works a schedule which changes each four (4) weeks. June 15, 2003 was the second week of the Tuesday through Saturday schedule. This schedule will be followed by four (4) weeks of the Sunday through Thursday schedule and four (4) weeks of the Monday through Friday schedule. (b) Holidays: (A) Christmas Christmas will be divided into two segments, Segment A and Segment B. Segment A shall be from December 24th at 8:00 p.m. until December 25th at 12:00 p.m. Segment B shall be from December 25th at 12:00 p.m. until December 26th at 12:00 p.m. In odd numbered years, mother will have Segment A and father will have Segment B. In even numbered years, father will have Segment A and mother will have Segment B. (B) Easter Easter will be divided into two segments, Segment A and Segment B. Segment A shall be from 8:00 P.M. Easter Saturday until 12:00 p.m. Easter Sunday. Segment B shall be from 12:00 p.m. Easter Sunday until 8:00 p.m. Easter Sunday, or if there is no school on Monday following Easter, the custodial period will be extended until 12:00 p.m. the Monday following Easter. In odd numbered years, father will have Segment A and mother will have Segment B. In even numbered years, mother will have Segment A and father will have Segment B. (C) Alternating Holidays The following holidays will be alternate with father having the children for Labor Day 2003: Labor Day, Thanksgiving, New Year's Day, Memorial Day and Independence Day. (D) Children's Birthdays Mother shall have the children on their birthdays from noon or after school until 8:00 p.m. (4) Austin and Garrett shall attend school in the East Pennsboro School District where the mother lives. By Edgar B. Bayleyr J. ?- 8'.2I-03 Mary A. Etter Dissinger, Esquire - M R For Plaintiff ? ?anc?ec?. t o Richard R. Gan, Esquire - PC k5on For Defendant sal .r.) GARY L. LUKENS, JR., Plaintiff VS. LAURA LUKENS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION NO. 03-2651 IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Grounds for divorce: Irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: June 7, 2003, by United States Certified Mail, Restricted Delivery. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: By Plaintiff December 16, 2005; by Defendant December 15, 2005. 4. Related claims pending: NONE. 5. Date Plaintiff's Waiver pf Notice in § 3301(c) Divorce filed with the Prothonotary: /x?i4/a 5 Date Defendant's Waive f Notice in § 3301(c) Divorce filed with the Prothonotary: 7) IA 5 Respectfully submitted, DISSINGER AND DISSINGER te: arN y A. Etter Dissinger Attorney for Plaintiff Supreme Court ID # 27736 28 North Thirty-second Street Camp Hill, PA 17011 717-975-2840 cc: Richard R. Gan, Esquire GARY L. LUKENS, JR., : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY : PENNSYLVANIA VS. : CIVIL ACTION LAURA LUKENS, : NO. 03-2651 Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Mary A. Etter Dissinger, hereby certify that on the date set forth below I served a true and correct copy of the foregoing document upon the attorney for the Defendant, Richard R. Gan, Esquire, by First Class United States Mail addressed as follows: Attorney Richard R Gan 17 W. South Street Carlisle, PA 17013 Date:: '2 Nfl/0 5 Mary A. Etter Dissinger P fl ' I T t G3 'fi- ( r a :` (GARY L. LUKENS, JR., Plaintiff vs. LAURA LUKENS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA : CIVIL ACTION : NO. 03-2651 : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A Complaint in divorce under § 3301(c) of the Divorce Code was filed on June 5, 2003 and served on June 7, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing .and service of the Complaint. 1 3. I consent to the entry of a final decree in divorce without notice. 4. I understand that I may lose rights concerning alimony, alimony pendente lite, marital property, division of property or lawyer fees and expenses if I do not claim them before a divorce is granted. 5. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. 6. Plaintiff's and Defendant's Waiver of Notice in §3301(c) Divorce are being filed with the Prothonotary as a part of their respective consent documents. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn (falsification to authorities. te: G r L. Luker Jr., q?flaintif CS "ca' O 4 b T L l"i p 2 Fil W ar ?-. C; v ? ` L W - i rsa GARY L. LUKENS, JR., Plaintiff VS. LAURA LUKENS, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA CIVIL ACTION NO. 03-2651 IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A Complaint in divorce under § 3301(c) of the Divorce Code ,was filed on June 5, 2003 and served on June 7, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably 11 ,broken and ninety (90) days have elapsed from the date of filing !and service of the Complaint. ;13. I consent to the entry of (''notice. 4. I understand that I may alimony pendente lite, marital lawyer fees and expenses if I is granted. a final decree in divorce without lose rights concerning alimony, property, division of property or do not claim them before a divorce 5. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. 6. Plaintiff's and Defendant's Waiver of Notice in 53301(c) Divorce are being filed with the Prothonotary as a part of their respective consent documents. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: Laura Luker4 Defendant c? d c v rtS ?C'',-t ??? ? n ?cU ^,. t_ 1 -v ?; C3C} r ? 2 t'? ? h-y C? y ? CJ p YS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. NO. 03-"1.651 VERSUS Laura Lukens DEFENDANT DECREE IN DIVORCE AND NOW, IT IS ORDERED AND DECREED THAT Cary T._ Lukenst Jr_ _, PLAINTIFF, AND Laura Lukens DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENT D; ` ? t) - BY THE COU ATTEST: J. } PROTHONOTARY L ?Exmot, acra? GARY L. LUKENS JR. Plaintiff/Petitioner VS. LAURA LUKENS Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY : NO. 2003-2651 CIVIL TERM PETITION TO MODIFY CUSTODY ORDER Petitioner, Gary L. Lukens Jr. by his attorney Gail Guida Souders, Esquire, respectfully avers the following counts through Civil Procedure Rule 1915.15 (a): 1. Petitioner is Gary L. Lukens Jr. (hereinafter called "Father") residing at 37 Morris Road, Duncannon, Pennsylvania 17020. 2. Respondent is Laura Lukens (hereinafter called "Mother") residing at 465 State Street, Enola, Pennsylvania 17025. 3. During the marriage, they gave birth to the following child: Austin J. Lukens., d.o.b. May 1, 1998 and Garrett L. Lukens d.o.b. June 25, 2001. 5. On August 20, 2003, an Order of Court was entered for shared legal and physical custody for the children, a true and correct copy of which is attached. 6. The Order should be modified because: a. The original custody order stated for the children to attend East Pennsboro School District. b. In 2003, Mother moved to West Shore School District without consent of Father and has lived in that school district for the past four years. c. During summer of 2007, Mother is moving out of West Shore School District and has informed Father the children will be attending East Pennsboro School District. d. The children have no real ties to East Pennsboro. e. Father wants the children to attend Susquenita School District where he lives because he can offer more stability. f. Father does not approve of the baby sitter Mother has watching the children. g. Father wants to have right of First Refusal to watch the children. . h. It would be in the best interest of the children because Father can offer more stability. i. Father wants a new order to reflect the current shared schedule since the parties have modified it for some time. WHEREFORE, Petitioner requests that the Court modify the existing Order for shared physical custody and shared legal custody of Austin J. Lukens and Garrett L. Lukens because it would be in the best interest of the children and to allow the children to attend Susquenita School District. P1 Gail Guida Souders Attorney for Petitioner Guida Law Offices, P.C. 111 Locust Front Street Harrisburg, PA 17101 717-236-6440 Supreme Court ID # 68740 I, Gary L. Lukens Jr., verify that the statements made in this Petition to Modify Custody Order are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities. DATE: ?'4" J GARY ATT RNEY OR PLAINTIFF A? fi .? G -? ?.. 'tA- c... ca '? d ? ? ? ? . b ? 3 GARY L. LUKENS, JR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. LAURA LUKENS DEFENDANT 03-2651 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, August 03, 2007 , 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 Tuesday, September 04, 2007 at 12:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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 q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 -;?,ftv I MW---Yv 1? Lp_d1•9 (-v" "go " 91:11 IN 9- onv LODZ AdVIG"lior.Lo'?id 3.Hi 3o GARY L. LUKENS JR. Plaintiff/Petitioner VS. LAURA LUKENS Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY NO. 2003-2651 CIVIL TERM CERTIFICATE OF SERVICE I hereby certify that on August 16, 2007, I served a copy of the Petition to Modify Custody Order upon Laura Lukens and in the manner indicated below, which service satisfies the requirements of Pennsylvania Rule of Civil Procedure. 403. Service by U.S. Certified Mail to: Laura Lukens 465 State Street Enola, PA 17025 Gail Guida Souders, Esquire Guida Law Offices, P.C. 111 Locust Street Harrisburg, PA 17101 717-236-6440 Dated: August 20, 2007 I .A?' 1 CERTIFIED MAIL, RECEIPT (Domestic Mail Only; No Insurance Coverage Providec n.1 E3 a Postage $ M RISg O COMM Fee 1- 2 ? 61 --J ? j9 C3 (Endor?meM R?ulrFed) ? 2. l -5 -O CO (Endorment®R quired 17 = I! p,UG 171.1 Total Postage & Fees t. _ ! I /2 C M USQ J O O t o t`- 9lrset Api No.---- - •- or PO Box No. "' `"' . P F) ¦ Complete Items 1, 2, and 3. Also complete Item 4 If Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can retum the card to you. ¦ Attach this card to the back of the mallpiece, or on the front If space permits. 1. Ardole Addressed to: ?"Xli L&M +06 5eff 6vef Ewa V? I 015 A. Signature 11 Mort X kAddressee B. Recelved by (Printed Name) hatteV Delivery D. Is delivery address different frorn Item 1? G Yes If YES, enter delivery address below: ? No 3. SeMce Type 0 Certified mail 0 Express Mall ? Registered ? Retum Reoelpt for Merchandise 0 Insured Mail ? C.O.D. 4. RestrIcted Delivery? (Fxfra Fee) ? Yes 2. Article 7004 2890 0002 8002 9498 (ffarrMb? tram arnbr lrtb? PS Fomt 3811, February 2004 Dontestlc Return PAOW 10¢ses-02-W154o C .,y Y ? ` ^w co SEP 10 20074 P GARY L. LUKENS, JR. Plaintiff VS. LAURA LUKENS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-2651 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this It day of ? a t t," L-r , 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated August 20, 2003 is vacated and replaced with this Order. 2. The parties shall participate in a course of therapeutic family counseling with a counselor at Guidance Associates or other professional selected by agreement. The purpose of the counseling shall be to assist the parties in developing communication techniques which will enable them to establish sufficient cooperation and communication necessary for effective co-parenting. Any costs of the counseling which are not covered by insurance shall be shared equally between the parties. The parties shall attend a minimum of four (4) joint sessions. The parties shall contact the counselor's office by Friday, September 7, 2007 to schedule the initial appointments. 3. The Father, Gary L. Lukens, Jr., and the Mother, Laura Lukens, shall have shared legal custody of Austin J. Lukens, born May 1, 1998, and Garrett L. Lukens, born June 25, 2001. Major decisions concerning the Children including, but not necessarily limited to, their health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in each Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Children. Neither party shall attempt to alienate the affections of the Children from the other party. Each party shall notify the other of any activity or circumstance concerning the Children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 4. The parties shall share having physical custody of the Children on an alternating weekly basis, with the exchange to take place every week on Friday after work or school, with the parent receiving custody providing transportation. 5. The parties shall share having custody over the Christmas holiday as follows: in even numbered years, the Father shall have custody of the Children from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon and the Mother shall have custody from Christmas Day at 12:00 noon through December 26 at 12:00 noon. In odd numbered years, the Mother shall have custody of the Children from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon and the Father shall have custody from Christmas Day at 12:00 noon through December 26 at 12:00 noon. The parties shall follow the regular custody schedule on the remaining holidays unless otherwise agreed. 6. The non-custodial parent shall be entitled to have custody of each Child on the Child's birthday for up to two (2) hours, for which that party shall provide all transportation. 7. Each parent shall be entitled to have vacation periods with the Children during that parent's regular weeks of custody. In the event a vacation rental period runs from Friday through Friday or Saturday through Saturday, the parent shall be entitled to eight (8) consecutive days of vacation, with the other parent to receive a makeup period of custody as soon as possible. 8. The non-custodial parent shall be entitled to have reasonable telephone contact with the Children, which shall be two (2) times per week unless otherwise agreed between the parties. 9. In the event either parent intends to remove the Children from his or her residence for an overnight period or longer, that parent shall provide the other parent with advance notice of the address and telephone number where the Children can be contacted. 10. Both parties shall refrain from smoking in the presence of the Children during their periods of custody and shall ensure that third parties having contact with the Children comply with this provision as well. 11. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 12. Within sixty (60) days of completion of the therapeutic family counseling required by this Order, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference, if necessary. 13. Pending a follow-up conciliation conference, the Children shall remain enrolled in the East Pennsboro School District, unless otherwise agreed between the parties. 14. 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 mu?nsent. In the absence of mutual consent, the terms of this Order shall control. Edgar B. Bayley J. cc: A Guida Souders, Esquire - Counsel for Father Xourtney Kishel Powell, Esquire - Counsel for Mother A wm GARY L. LUKENS, JR. Plaintiff VS. LAURA LUKENS Defendant Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-2651 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Austin J. Lukens May 1, 1998 Mother/Father Garrett L. Lukens June 25, 2001 Father/Mother 2. A custody conciliation conference was held on September 4, 2007, with the following individuals in attendance: the Father, Gary L. Lukens, Jr., with his counsel, Gail Guida Souders, Esquire, and the Mother, Laura Lukens, with her counsel, Courtney Kishel Powell, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator