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HomeMy WebLinkAbout03-2645TODD W. CRAIN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTIO - LAW s-? y? 2003 - /CIVIL TERM LISA MARIE CRAIN, Defendant IN CUSTODY COMPLAINT FOR CUSTODY AND NOW comes the Plaintiff, Todd W. Crain, by his attorneys, Irwin, McKnight and Hughes, and presents the following Complaint for Custody. 1. The Plaintiff is Todd W. Crain, an adult individual residing at 295 Kutz Road, Apt. #2, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is Lisa Marie Crain, an adult individual residing at 14 Piper Court, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are the natural parents of one (1) minor child, namely Nickholas William Crain, born August 28, 1997. 4. The Plaintiff desires primary physical custody of the minor child, Nickolas William Crain, and joint legal custody with periods of visitation to Defendant as can be mutually arranged between the parties. 6. The best interests and permanent welfare of the minor child requires that the Court grant the Plaintiff's request as set forth above. WHEREFORE, Todd W. Crain, respectfully requests that he be awarded primary physical custody and shared legal custody of Nickolas William Crain, as provided herein, with periods of temporary custody to Defendant as provided herein. Respectfully submitted, IRWIN, By: Marcus It. McKnLht, III, Esquu Attorney for Plaintiff 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Supreme Court I. D. No. 25476 Date: June 4, 2003 VERIFICATION The foregoing Complaint for Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. I have head the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification to authorities. 5:- d ?l. ?°ruusn TODD W. CRAIN Date: June 4, 2003 v J_ C? c /" ? ? ? ? ?, ? ?? a ? ? ? :_ 1 P TODD W. CRAIN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 03-2645 CIVIL ACTION LAW LISA MARIE CRAIN 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 Jacqueline M. Verney Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, July 07, 2003 at 9:30 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/ Jacqueline M. Verney. &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=1.66 ltP, bfP1y???S'P!P;? ?fl? AUG 2 7 2003 V TODD W. CRAIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-2645 CIVIL TERM LISA MARIE CRAIN, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this z °' day of A"« ? 2003, upon consideration of the attached Custody Conciliate Report, it is ordered and directed as follows: 1. The Father, Todd W. Crain and the Mother, Lisa Marie Crain, shall have shared legal custody of Nickholas William Crain, born August 28, 1997. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all majoe non-emergency decisions affecting the Child's general well-being including, but not limited to all decisions regarding his health, education and religion. 2. Father shall have primary physical custody of the Child. 3. Mother shall have the following periods of partial physical custody: A. Beginning Thursday, August 28, 2003 at 4:15 p.m. when the Child gets off of the school bus to Saturday, August 30, 2003 at 6:00 p.m. Thereafter, Mother shall have alternating weekends from Thursday at 4:15 p.m. to Monday morning when Mother takes the Child to school. The first full weekend will be Thursday, September 11 to Monday, September 15, 2003. B. Beginning Wednesday, September 3, 2003 from 4:15 p.m. to 8:00 p.m. and alternating Wednesdays thereafter at the same times. The next Wednesday will be September 17, 2003. C. Such other times as the parties agree. 4. Transportation shall be shared such that the receiving party shall transport the Child, unless otherwise agreed by the parties. 5. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Conciliation Conference is scheduled for November 13, 2003 at 9:30 a.m. VIN'r/A"IASNN3d C4 Jl.iNnG,, i?N,;," ,.'cVV 0 1 :II k,%' 8Z NV CO lit Ao BY THE COURT, Esquire, Counsel for Father y, 03 cc: Marcus A. Mc might, M d enn Legal services Joan Carey, Esquir TODD W. CRAIN, Plaintiff V. LISA MARIE CRAIN, Defendant PRIOR JUDGE: None IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :2003-2645 CIVIL TERM : IN CUSTODY : CIVIL ACTION - LAW 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 Nickholas William Crain August 28, 1997 Father 2. A Conciliation Conference was held in this matter on August 26, 2003, with the following individuals in attendance: The Father, Todd W. Crain, with his counsel, Marcus A. McKnight, III, Esquire. The Mother, Lisa Marie Crain, with her counsel, Joan Carey, Mid Penn Legal Services. 3. The parties agreed to the entry of an Order in the form as attached. Q-a-3 o Date cqu me M. Verney, Esquire Custody Conciliator NOV i E 2003 V TODD W. CRAIN, Plaintiff V. LISA MARIE CRAIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-2645 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this / 9 ? day of /jrv%_a- l , 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The prior order of Court dated August 28, 2003 is hereby vacated. 2. The Father, Todd W. Crain and the Mother, Lisa Marie Crain, shall have shared legal custody of Nickholas William Crain, born August 28, 1997. 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. 3. Father shall have primary physical custody of the Child. 4. Mother shall have the following periods of partial physical custody: A. Alternating weekends Friday from after school to Monday morning when Mother drops the Child off at school. B. Any school holiday (excluding Easter and Christmas vacations) Mother shall be entitled to the previous overnight and the overnight of the school holiday, transporting the Child to school on the next school day. C. Beginning the first Sunday after school recesses for the summer, week on/week off. The exchange day and time shall be Sunday at 6:00 p.m. Mother shall have the first week in the summer. This schedule shall coincide with Mother's custody schedule for her daughter. 5. The following holidays shall be alternated consistent with Mother's custody schedule for her daughter: Thanksgiving, New Year's Day, Memorial Day, July 4'' and Labor Day. 6. Christmas shall be divided into two Blocks. Block A shall be from 2:00 p.m. on Christmas Eve to 2:00 p.m. on Christmas Day and Block B shall be from 2:00 p.m. Christmas Day to December 26 at 2:00 p.m. Mother shall have Block A in even YNVi IASNN?d Oc :Q HV 0 Z PiOia FO numbered years and Block B in odd numbered years. Father shall have Block A in odd numbered years and Block B in even numbered years. The remaining Christmas vacation shall be split among the parties as agreed. 7. Easter shall be divided into two Blocks. Block A shall be from Saturday before Easter at 6:00 p.m. to Easter at 2:00 p.m. and Block B shall be from Easter at 2:00 p.m. to Easter Monday at 6:00 p.m. Mother shall have Block A from in odd numbered years and Block B in even numbered years. Father shall have Block A in even numbered years and Block B in odd numbered years. 8. Mother shall have physical custody of the Child on Mother's Day from 9:00 a.m. to 9:00 p.m. Father shall have physical custody of the Child on Father's Day from 9:00 a.m. to 9:00 p.m. 9. Transportation shall be shared such that the receiving party shall transport the Child, unless otherwise agreed by the parties. 10. Neither parent will do anything nor permit a third party to do anything which may estrange the Child from the other parent or the parent's significant other, or injure the opinion of the Child as to the other parent or which may hamper the free and natural development of the Child's love and respect for the other parent. 11. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terns of this Order shall control. BY THE COURT, J. ccHGlarcus A. McKnight, 111, Esquire, Counsel for Father Vldan Carey, Esquire, Mid Penn Legal Services 11.2) - Q3 TODD W. CRAIN, Plaintiff V. LISA MARIE CRAIN, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 2003-2645 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Nickholas William Crain August 28, 1997 Father 2. A Conciliation Conference was held in this matter on November 13, 2003, with the following individuals in attendance: The Father, Todd W. Crain, with his counsel, Marcus A. McKnight, III, Esquire. The Mother, Lisa Marie Crain, with her counsel, Joan Carey, Esquire,Mid Penn Legal Services. 3. The Honorable Kevin A. Hess entered a prior Order of Court dated August 28, 2003, providing for shared legal custody, Father having primary physical custody with Mother having alternating weekends, Thursday to Monday and alternating Wednesday evenings. 4. The parties agreed to the entry of an Order in the form as attached. Date acqi line M. Verney, Esquire Custody Conciliator TODD W. CRAIN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2003 - 2645 CIVIL TERM LISA MARIE CRAIN, Defendant IN CUSTODY PETITION TO MODIFY CUSTODY AND NOW comes the Plaintiff/Petitioner, Todd W. Crain, by his attorneys, Irwin & McKnight, and presents the following Petition to Modify Custody. 1. The Petitioner is Todd W. Crain, an adult individual residing at 295 Kutz Road, Apartment 2, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Respondent is Lisa Mane Crain, an adult individual residing at #3 Piper Court, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are the natural parents of one (1) minor child, namely Nickholas William Crain born August 29, 1997, who resides with the Petitioner. 4. The parties are currently governed by a custody Order of Court dated August 28, 2003, entered by Judge Kevin A. Hess, a copy of which is attached hereto and marked as Exhibit "A". 5. The Order of Court provides periods of temporary custody of the child to the Respondent. 6. The Respondent, Lisa Marie Crain, has repeatedly left her son during periods of custody in order to spend significant periods of time at bars and/or concerts held at bars. The child is often left with strangers as babysitters. The Petitioner seeks to be notified in advance that Respondent is going to a bar and seeks the return of the minor child for the remainder of the weekend. 8. The Respondent has repeatedly interrogated the minor child regarding his father. This has caused concern and fear on the part of the minor child. A letter was sent dated October 13, 2004, to the Respondent. She has continued to interrogate the child about the Petitioner and his household. The Petitioner seeks a modification of the Order of Court which ends this harassment of the minor child by the Respondent. 10. The best interests and permanent welfare of the minor children requires that the Court grant the Petitioner's request as set forth above. WHEREFORE, Petitioner, Todd W. Crain, respectfully requests a modification of the Order of Court dated August 28, 2003, as set forth above. Respectfully submitted, IRWIN & Mc IGHT By: Marcus . McKm , Esquii Attorne for Plaintiff 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Supreme Court I. D. No. 25476 Date: October 27, 2004 EXHIBIT "A" 141 TODD W. CRAIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-2645 CIVIL TERM LISA MARIE CRAIN, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of o?.91 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The prior Order of Court dated August 28, 2003 is hereby vacated. 2. The Father, Todd W. Crain and the Mother, Lisa Marie Crain, shall have shared legal custody of Nickholas William Crain, born August 28, 1997. 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. 3. Father shall have primary physical custody of the Child. 4. Mother shall have the following periods of partial physical custody: A. Alternating weekends Friday from after school to Monday morning when Mother drops the Child off at school. B. Any school holiday (excluding Easter and Christmas vacations) Mother shall be entitled to the previous overnight and the overnight of the school holiday, transporting the Child to school on the next school day. C. Beginning the first Sunday after school recesses for the summer, week on/week off. The exchange day and time shall be Sunday at 6:00 p.m. Mother shall have the first week in the summer. This schedule shall coincide with Mother's custody schedule for her daughter. 5. The following holidays shall be alternated consistent with Mother's custody schedule for her daughter: Thanksgiving, New Year's Day, Memorial Day, July 4`h and Labor Day. 6. Christmas shall be divided into two Blocks. Block A shall be from 2:00 p.m. on Christmas Eve to 2:00 p.m. on Christmas Day and Block B shall be from 2:00 p.m. Christmas Day to December 26 at 2:00 p.m. Mother shall have Block A in even numbered years and Block B in odd numbered years. Father shall have Block A in odd numbered years and Block B in even numbered years. The remaining Christmas vacation shall be split among the parties as agreed. 7. Easter shall be divided into two Blocks. Block A shall be from Saturday before Easter at 6:00 p.m. to Easter at 2:00 p.m. and Block B shall be from Easter at 2:00 p.m. to Easter Monday at 6:00 p.m. Mother shall have Block A from in odd numbered years and Block B in even numbered years. Father shall have Block A in even numbered years and Block B in odd numbered years. 8. Mother shall have physical custody of the Child on Mother's Day from 9:00 a.m. to 9:00 p.m. Father shall have physical custody of the Child on Father's Day from 9:00 a.m. to 9:00 p.m. I 9. Transportation shall be shared such that the receiving party shall transport the Child, unless otherwise agreed by the parties. 10. Neither parent will do anything nor permit a third party to do anything which may estrange the Child from the other parent or the parent's significant other, or injure the opinion of the Child as to the other parent or which may hamper the free and natural development of the Child's love and respect for the other parent. IL This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: Marcus A. McKnight, III, Esquire, Counsel for Father Joan Carey, Esquire, Mid Penn Legal Services In Testi!rnony Akre^., 1 here c +o set my hand and o sea! of said ovrt at Carlisle, Fa. Th' ..C.2..1...... d Q. ...., ?. Froth otary TODD W. CRAIN, Plaintiff V. LISA MARIE CRAIN, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :2003-2645 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Nickholas William Crain August 28, 1997 Father 2. A Conciliation Conference was held in this nnatter on November 13, 2003, with the following individuals in attendance: The Father, Todd W. Crain, with his counsel, Marcus A. McKnight, III, Esquire. The Mother, Lisa Marie Crain, with her counsel, Joan Carey, Esquire,Mid Penn Legal Services. 3. The Honorable Kevin A. Hess entered a prior Order of Court dated August 28, 2003, providing for shared legal custody, Father having primary physical custody with Mother having alternating weekends, Thursday to Monday and alternating Wednesday evenings. 4. The parties agreed to the entry of an Order in the form as attached. q-03 c L V Date acq line M. \/emey, Esquire Custody Conciliator VERIFICATION The foregoing Petition to Modify Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification to authorities. °?'• Fuwrtr TODD W. CRAIN Date: October 27, 2004 TODD W. CRAIN, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2003 - 2645 CIVIL TERM LISA MARIE CRAIN, Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Ms. Lisa M Crain #3 Piper Court Carlisle, PA 17013 Mid Penn Legal Services 8 Irvine Row Carlisle, PA 17013 IRWIN & By: 'MarcuA. McKnight, 1.11, Esquire 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: October 28, 2004 g, t y co h le S' i". C -< ? l TODD W. CRAIN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. LISA MARIE CRAIN DEFENDANT • 03-2645 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Thursday, November 04, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, :November 30, 2004 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/ Jacqueline M. Verney, Esq. mhc 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 I W-1 44V $17 e r .-71W ,20kr L?lty it•JA?.,r.,? ?y /i 0 -9,// NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 37 SOUTH HANOVER STREET, SUITE 201 CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT TODD W. CRAIN V. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA LISA MARIE CRAIN Defendant : NO. 2003-2645 CIVIL TERM IN CUSTODY PRAECIPE FOR WITHDRAW AND ENTRY OF APPEARANCE OF COUNSEL OF RECORD TO THE PROTHONOTARY: Please withdraw the appearance of MID-PENN LEGAL SERVICES as attorney of record for the mother, LISA MARIE CRAIN., in this matter. 2 -312004 CE D'ALO,5:?LSQUIRE GE -PENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 717-243-9400 SUPREME COURT ID # Please enter the appearance of NATHAN C. WOLF, ESQUIRE, as attorney for the defendant in this matter. November 30, 2004 LF, ESQUIRE Street, Suite 201 Carlisle, PA 17013 717-241-4436 SUPREME COURT ID #87380 "? ? ?_ -ra ; . ?,.? ?.± ':.r ,fi ?,.? . J?9 e DEC 1 4 2004 TODD W. CRAIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-2645 CIVIL TERM LISA MARIE CRAIN, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this 14' day of 7)ccc.?L , 2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated November 119, 2003 shall remain in full force and effect with the following additions and modifications: 2. In the event that either party is in need of a babysitter for more than two hours, they shall contact the non-custodial parent and offer said custodial time to the other parent. 3. Neither party may consume alcohol to the point of intoxication or use illegal drugs while the child is in their custody. 4. Neither party may interrogate the child concerning matters or other people in the respective homes. school. 5. The parties agree that Mother shall be listed as an emergency contact at 6. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, 17 Kevin . Hess, J. cc: Marcus A. McKnight, III, Esquire, Counsel Mr Father > 6 y Nathan C. Wolf, Esquire, Counsel for Mother t A i - . ? _ _ _ . _ .-. e"e 1??4?. ? l,d ` i S 1v?!v _ _ _ <r , .?'?,J'.. ,.. ,. .. .. .. DEC 1 4 '1004 TODD W. CRAIN, Plaintiff V. LISA MARIE CRAIN, Defendant PRIOR JUDGE: Kevin A. Hess, J. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :2003-2645 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 Child who is the subject of this litigation is as follows: NAME Nickholas William Crain DATE OF BIRTH CURRENTLY IN CUSTODY OF August 28, 1997 Father 2. A Conciliation Conference was held in this matter on December 14, 2004, with the following individuals in attendance: The Father, Todd W. Crain, with his counsel, Marcus A. McKnight, III, Esquire. The Mother, Lisa Marie Crain, with her counsel, Nathan C. Wolf, Esquire. 3. The Honorable Kevin A. Hess entered a prior Order of Court dated November 19, 2003, providing for shared legal custody, Father having primary physical custody with Mother having alternating weekends, Friday to Monday, a holiday and summer schedule. Father filed a Petition to Modify. 4. The parties agreed to the entry of an Order in the form as attached. Date acq line M. Verney, Esquire Custody Conciliator TODD W. CRAIN, Plaintiff/Petitioner V. LISA MARIE CRAIN, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2003 - 2645 CIVIL TERM IN CUSTODY PETITION TO MODIFY CUSTODY AND NOW comes the Plaintiff/Petitioner, Todd W. Crain, by his attorneys, Irwin & McKnight, and presents the following Petition to Modify Custody. 1. The Petitioner is Todd W. Crain, an adult individual residing at 295 Kutz Road, Apartment 2, Carlisle, Cumberland County, Pennsylvania 17015. 2. The Respondent is Lisa Marie Crain, an adult individual now residing at 409 Harker Avenue, Newell, West Virginia 26050 c/o Michelle Thayer. 3. The parties are the natural parents of one (1) minor child, namely Nickholas William Crain born August 29, 1997, who resides with the Petitioner. 4. The parties are currently governed by a custody Order of Court dated November 19, 2003, entered by Judge Kevin A. Hess, a copy of which is attached hereto and marked as Exhibit "A". 5. The Order of Court dated November 19, 2003 was modified by Order of Court dated December 16, 2004, a copy of which is attached hereto and marked as Exhibit "B". 3 i 6. The Order of Court provides periods of primary physical custody of the child to the Petitioner. 7. The Respondent, Lisa Marie Crain, left the Commonwealth of Pen sylvania on Monday, April 5, 2007, to live with her boyfriend who has been convicted of third degree sexual assault of a minor. 8. The Petitioner seeks a modification that the Respondent may no re ove the minor child from Cumberland County, Pennsylvania without the consent of the Petitio r. 9. The best interests and permanent welfare of the minor children req grant the Petitioner's request as set forth above. WHEREFORE, Petitioner, Todd W. Crain, respectfully requests Orders of Court dated as set forth above. that the Court a modification of the Respectfully submitte IRWIN & McKNIG By: Marc?s A. M g , Esquire Attorney for lain ff 60 West Pom tree Carlisle, Pennsylvania 7013-3222 (717) 249-2353 Supreme Court I. D. N . 25476 Date: April 11, 2007 4 EXHIBIT "A" ?? 7 2 0 0 1) ?, TODD W. CRAIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-2645 CIVIL TERM LISA MARIE CRAIN, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this 14 day of L)oQe_M?eg,2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated August 28, 2003 is hereby vacated. 2. The Father, Todd W. Crain and the Mother, Lisa Marie Crain, shall have shared legal custody of Nickholas William Crain, born August 28, 1997. 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. 3. Father shall have primary physical custody of the Child. 4. Mother shall have the following periods of partial physical custody: A. Alternating weekends Friday from after school to Monday morning when Mother drops the Child off at school. B. Any school holiday (excluding Easter and Christmas vacations) Mother shall be entitled to the previous overnight and the overnight of the school holiday, transporting the Child to school on the next school day. C. Beginning the first Sunday after school recesses for the summer, week on/week off. The exchange day and time shall be Sunday at 6:00 p.m. Mother shall have the first week in the summer. This schedule shall coincide with Mother's custody schedule for her daughter. 5. The following holidays shall be alternated consistent with Mother's custody schedule for her daughter: Thanksgiving, New Year's Day, Memorial Day, July 4th and Labor Day. 6. Christmas shall be divided into two Blocks. Block A sha 1 be from 2:00 p.m. on Christmas Eve to 2:00 p.m. on Christmas Day and Block B shall ' be from 2:00 p.m. Christmas Day to December 26 at 2:00 p.m. Mother shall have Block A in even numbered years and Block B in odd numbered years. Father shall have Block A in odd numbered years and Block B in even numbered years. The remaining Christmas vacation shall be split among the parties as agreed. 7. Easter shall be divided into two Blocks. Block A shall be from Saturday before Easter at 6:00 p.m. to Easter at 2:00 p.m. and Block B shall be ftom Easter at 2:00 p.m. to Easter Monday at 6:00 p.m. Mother shall have Block A from in odd numbered years and Block B in even numbered years. Father shall have Block A in even numbered years and Block B in odd numbered years.. 8. Mother shall have physical custody of the Child on Mother's Day from 9:00 a.m. to 9:00 p.m. Father shall have physical custody of the Child on Father's Day from 9:00 a.m. to 9:00 p.m. I 9. Transportation shall be shared such that the receiving party shall transport the Child, unless otherwise agreed by the parties. 10. Neither parent will do anything nor permit a third party, to do anything which may estrange the Child from the other parent or the parent's significant other, or injure the opinion of the Child as to the other parent or which may hamper the free and natural development of the Child's love and respect for the other parent. 11. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In',the absence of mutual consent, the terms of this Order shall control. BY THE COURT, S ' J. cc: Marcus A. McKnight, III, Esquire, Counsel for Father Joan Carey, Esquire, Mid Penn Legal Services TRUE COPY Frt'%3y1,-A FECG:- In Testimony ! here L: Iio sei r,y hand and a seal of said ourt at Carlisle, Pa. Th' ..?...... d Q....,. Proth otary TODD W. CRAIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : 2003-2645 CIVIL TERM LISA MARIE CRAIN, Defendant PRIOR JUDGE: None : CIVIL ACTION - LAW : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPO&T 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 Nickholas William Crain August 28, 1997 Father 2. A Conciliation Conference was held in this matter on November 13, 2003, with the following individuals in attendance: The Father, Todd W. Crain, with his counsel, Marcus A. McKnight, III, Esquire. The Mother, Lisa Marie Crain, with her counsel, Joan Carey, Esquire,Mid Penn Legal Services. 3. The Honorable Kevin A. Hess entered a prior Order of Court dated August 28, 2003, providing for shared legal custody, Father having primary physical custody with Mother having alternating weekends, Thursday to Monday and alternating Wednesday evenings. 4. The parties agreed to the entry of an Order in the form as attached. Date acq line M. Verney, Esq ire Custody Conciliator EXHIBIT "B" ULU 1 4 2004J/ TODD W. CRAIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-2645 CIVIL TERM LISA MARIE CRAIN, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this /6 ?- day of , 2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated November 19, 2003 shall remain in full force and effect with the following additions and modifications: 2. In the event that either party is in need of a babysitter for more than two hours, they shall contact the non-custodial parent and offer said custodial time to the other parent. 3. Neither party may consume alcohol to the point of intoxication or use illegal drugs while the child is in their custody. 4. Neither party may interrogate the child concerning matters or other people in the respective homes. 5. The parties agree that Mother shall be listed as an emergency contact at school. 6. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, s cc? ?1'? k6vin A. Hess, J. cc: Marcus A. McKnight, III, Esquire, Counsel for Father Nathan C. Wolf, Esquire, Counsel for Mother taM: ?,. 1'.10M RECORD clcl;lrt CV C.z.Iisie? Pa. Prothon?r PlF_C TODD W. CRAIN, Plaintiff V. LISA MARIE CRAIN, Defendant PRIOR JUDGE: Kevin A. Hess, J. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :2003-2645 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Nickholas William Crain August 28, 1997 Father 2. A Conciliation Conference was held in this matter on December 14, 2004, with the following individuals in attendance: The Father, Todd W. Crain, with his counsel, Marcus A. McKnight, III, Esquire. The Mother, Lisa Marie Crain, with her counsel, Nathan C. Wolf, Esquire. 3. The Honorable Kevin A. Hess entered a prior Order of Court dated November 19, 2003, providing for shared legal custody, Father having primary physical custody with Mother having alternating weekends, Friday to Monday, a holiday and summer schedule. Father filed a Petition to Modify. 4. The parties agreed to the entry of an Order in the form as attached. -.y-?? G/ Date acq line M. Verney, Esquire Custody Conciliator VERIFICATION The foregoing document is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. 017- TODD W. CRAIN Date: April 11, 2007 TODD W. CRAIN, Plaintiff/Petitioner V. LISA MARIE CRAIN, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2003 - 2645 CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Ms. Lisa Marie Crain c/o Michelle Thayer 409 Harker Avenue Newell, WV 26050 Nathan C. Wolf, Esq. Wolf & Wolf 10 West High Street Carlisle, PA 17013 IRWIN & McKNIGHT By: Marcu A. McKni t, III, Esquire 60 We Pomfret Street Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: April 11, 2007 5 ,. ? i id ..s '? _ ?,_? ?? .. ^?.y, i ._,. .n, ?'? --:w... ?, . r,, _?, ?.... _?_ r? ??... -:...1 ---,..i -.. _ i TODD W. CRAIN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 03-2645 CIVIL ACTION LAW LISA MARIE CRAIN DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, April 12, 2007 i upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, May 08, 2007 at 8:30 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/ ac ueline M. Verne 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 1?7 EX „u, ,, MAY 09 200??e TODD W. CRAIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-2645 CIVIL TERM LISA MARIE CRAIN, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT BY THE COURT, /- ?/OZII Hess, J. AND NOW, this i W day of r 2!?, , 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I . The prior Orders of Court dated November 19, 2003 and December 16, 2004 shall remain in full force and effect with the following additions and modifications: 2. Neither party may take the child out of the state of Pennsylvania without notification and consent of the other party and a Court Order, except for summer vacation. 3. Each party shall be entitled to one week vacation in the summer provided they give prior notification to the other parent and advise them where the child will be and a telephone number where the child may be contacted. 4. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: Marcus A. McKnight, III, Esquire, C Lisa Marie Crain, pro se #3 Piper Court Carlisle, PA 17013 ej for Father CZ :6 144 S I OW HOZ ii r !Di a TODD W. CRAIN, Plaintiff V. LISA MARIE CRAIN, Defendant PRIOR JUDGE: Kevin A. Hess, J. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :2003-2645 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Nickolas William Crain August 28, 1997 Father 2. A Conciliation Conference was held in this matter on May 8, 2007, with the following individuals in attendance: The Father, Todd W. Crain, with his counsel, Marcus A. McKnight, III, Esquire. The Mother, Lisa Marie Crain, did not appear but advised the Conciliator's office that she agreed with the proposed Order. 3. The Honorable Kevin A. Hess previously entered Orders of Court dated November 19, 2003 and December 16, 2004 providing for shared legal custody, Father having primary physical custody with Mother having alternating weekends, Friday to Monday, and week on/week off in the summer. 4. The parties agreed to the entry of an Order in the form as attached. .57- k-o -7 Date acq ine M. Verney, Esquire Custody Conciliator TODD W. CRAIN, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2003 - 2645 CIVIL TERM LISA MARIE CRAIN, Defendant/Respondent IN CUSTODY PETITION TO MODIFY CUSTODY AND NOW comes the Plaintiff/Petitioner, Todd W. Crain, by his attorneys, Irwin & McKnight, and presents the following Petition to Modify Custody. 1. The Petitioner is Todd W. Crain, an adult individual residing at 295 Kutz Road, Apartment 2, Carlisle, Cumberland County, Pennsylvania 17015. 2. The Respondent is Lisa Marie Crain, an adult individual now believed to be residing at 409 Harker Avenue, Newell, West Virginia 26050 c/o Michelle Thayer. 3. The parties are the natural parents of one (1) minor child, namely Nickholas William Crain born August 29, 1997, who resides with the Petitioner. 4. The parties are currently governed by a custody Order of Court dated November 19, 2003, entered by Judge Kevin A. Hess, a copy of which is attached hereto and marked as Exhibit "A", 5. The Order of Court dated November 19, 2003 was modified by Order of Court dated December 16, 2004, a copy of which is attached hereto and marked as Exhibit "B". 3 6. Those Orders of Court were supplemented by an Order of Court dated May 14, 2007, entered by Judge Kevin A. Hess, a copy of which attached hereto and marked as Exhibit "C". 7. The Order of Court provides periods of primary physical custody of the child to the Petitioner. 8. The Respondent, Lisa Marie Crain, left the Commonwealth of Pennsylvania on or about Wednesday, December 12, 2007, to live with her boyfriend who has been convicted of third degree sexual assault of a minor. She has not contacted the Petitioner or said minor child since she moved to West Virginia. 9. The Petitioner seeks primary physical custody and sole legal custody of the minor child, Nicholas Crain. 10. The best interests and permanent welfare of the minor children requires that the Court grant the Petitioner's request as set forth above. WHEREFORE, Petitioner, Todd W. Crain, respectfully requests a modification of the Orders of Court dated as set forth above. Respectfully submitted, IRWIN & McKNIGHT (717) 249-2353 Date: December 19, 2007 Supreme Court I. D. No. 25476 By: Marcu A. g t, Esquire Attorney f Plaintiff 60 West Porn treet Carlisle Pennsylvania 13-3222 4 EXHIBIT "A TODD W. CRaIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-2645 CIVIL TERIM LISA MARIE CRAIN, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this 19 day of y t°-M e t , 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The prior Order of Court dated August 28, 2003 is hereby vacated. 2. The Father, Todd W. Crain and the Mother, Lisa Marie Crain, shall have shared legal custody of Nickholas William Crain, born August 28, 1997. 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. 3. Father shall have primary physical custody of the Child. 4. Mother shall have the following periods of partial physical custody: A. Alternating weekends Friday from after school to Monday morning when Mother drops the Child off at school. B. Any school holiday (excluding Easter and Christmas vacations) Mother shall be entitled to the previous overnight and the overnight of the school holiday, transporting the Child to school on the next school day. C. Beginning the first Sunday after school recesses for the summer, week on/week off. The exchange day and time shall be Sunday at 6:00 p.m. Mother shall have the first week in the summer. This schedule shall coincide with Mother's custody schedule for her daughter. 5. The following holidays shall be alternated consistent with Mother's custody schedule for her daughter: Thanksgiving, New Year's Day, Memorial Day, July 4th and Labor Day. 6. Christmas shall be divided into two Blocks. Block A shall be from 2:00 p.m. on Christmas Eve to 2:00 p.m. on Christmas Day and Block B shall be from 2:00 p.m. Christmas Day to December 26 at 2:00 p.m. Mother shall have Block A in even numbered years and Block B in odd numbered years. Father shall have Block A in odd numbered years and Block B in even numbered years. The remaining Christmas vacation shall be split among the parties as agreed. 7. Easter shall be divided into two Blocks. Block A shall be from Saturday before Easter at 6:00 p.m. to Easter at 2:00 p.m. and Block B shall be from Easter at 2:00 p.m. to Easter Monday at 6:00 p.m. Mother shall have Block A from in odd numbered years and Block B in even numbered years. Father shall have Block A in even numbered years and Block B in odd numbered years.. 8. Mother shall have physical custody of the Child on Mother's Day from 9:00 a.m. to 9:00 p.m. Father shall have physical custody of the Child on Father's Day from 9:00 a.m. to 9:00 p.m. 9. Transportation shall be shared such that the receiving party shall transport the Child, unless otherwise agreed by the parties. 10. Neither parent will do anything nor permit a third party to do anything which may estrange the Child from the other parent or the parent's significant other, or injure the opinion of the Child as to the other parent or which may hamper the free and natural development of the Child's love and respect for the other parent. 11. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: Marcus A. McKnight, III, Esquire, Counsel for Father Joan Carev, Esquire, Mid Penn Legal Services K COPY i; O F-, f }7 7 In Testimony r?+?cr? ; here V00 Lei my raiid and a seal of said Court at Cadiele, Pa. ?h' .a..?...... d.J...,. Proth otary TODD W. CRaIN, Plaintiff V. LISA MARIE CRAIN, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :2003-2645 CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE NVITH 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 Niclholas William Crain August 28, 1997 Father 2. A Conciliation Conference was held in this matter on November 13, 2003, with the following individuals in attendance: The Father, Todd W. Crain, with his counsel, Marcus A. McKnight, III, Esquire. The Mother, Lisa Marie Crain, with her counsel, Joan Carey, Esquire,Mid Penn Legal Services. 3. The Honorable Kevin A. Hess entered a prior Order of Court dated August 28, 2003, providing for shared legal custody, Father having primary physical custody with Mother having alternating weekends, Thursday to Monday and alternating Wednesday evenings. 4. The parties agreed to the entry of an Order in the form as attached. It"1(4 -0 ?5 I U, Date acq line M. Verney, Esquire Custody Conciliator EXHIBIT KB" 4 ?004 TODD W. CRaIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-2645 CIVIL TERM LISA MARIE CRAIN, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this A day of 2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated November 19, 2003 shall remain in full force and effect with the following additions and modifications: 2. In the event that either party is in need of a babysitter for more than two hours, they shall contact the non-custodial parent and offer said custodial time to the other parent. 3. Neither party may consume alcohol to the point of intoxication or use illegal drugs while the child is in their custody. 4. Neither party may interrogate the child concerning matters or other people in the respective homes. 5. The parties agree that Mother shall be listed as an emergency contact at school. 6. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, vin A. Hess. J. cc: Marcus A. McKnight, III, Esquire, Counsel for Father Nathan C. Wolf, Esquire, Counsel for Mother ROM RECORD iii ,y' IC di ?vc;t? •2 K:: F ii('re unto set Frq ?!? {••`.:• >:.:a''' :sLG '?±' at CI?.?IiSiB +133. TODD W. CRAIN, Plaintiff V LISA MARIE CRAIN, Defendant PRIOR JUDGE: Kevin A. Hess, J. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 2003-2645 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Niclholas William Crain August 28. 1997 Father 2. A Conciliation Conference was held in this matter on December 14, 2004, with the following individuals in attendance: The Father, Todd W. Crain, with his counsel, Marcus A. McKnight, III, Esquire. The Mother, Lisa Marie Crain, with her counsel, Nathan C. Wolf. Esquire. 3. The Honorable Kevin A. Hess entered a prior Order of Court dated November 19, 2003, providing for shared legal custody, Father having primary physical custody with Mother having alternating weekends, Friday to Monday, a holiday and summer schedule. Father filed a Petition to Modify. 4. The parties agreed to the entry of an Order in the form as attached. ;a - I q -c:( LGI C1, Date acq line M. Verney, Esquire Custody Conciliator EXHIBIT "C" gar o9 2V? TODD W. CRAIN, Plaintiff V. LISA MARIE CRAIN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 2003-2645 CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY p ?¢aanz0 ORDER OF COURT IRWINY- AND NOW, this 11/' ' day of _, 2007, upon consideration of the attached Custody ConciliAion Report, it is ordered and directed as follows: 1. The prior Orders of Court dated November 19, 2003 and December 16, 2004 shall remain in frill force and effect with the following additions and modifications: 2. Neither party may take the child out of the state of Pennsylvania without notification and consent of the other party and a Court Order, except for summer vacation. 3. Each party shall be entitled to one week vacation in the summer provided they give prior notification to the other parent and advise them where the child will be and a telephone number where the child may be contacted. 4. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, "evin A. Hess, J. cc: Marcus A. McKnight, IIl, Esquire, Counsel for Father Lisa Marie Crain, pro se 43 Piper Court Carlisle, PA 17013 RUE COPY FROM RECORD.: 7eatkwnY A NW, I here unto seat my hanc the sail of 30 Court at Cafts, Pa. TODD W. CRAIN, Plaintiff V. LISA MARIE CRAIN, Defendant PRIOR JUDGE: Kevin A. Hess, J. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :2003-2645 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: The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY N CUSTODY OF Nickolas William Crain August 28, 1997 Father 2. A Conciliation Conference -was held in this matter on May 8. 2007, with the following individuals in attendance: The Father, Todd W. Crain, with his counsel, Marcus A. McKnight, III, Esquire. The Mother, Lisa Marie Crain, did not appear but advised the Conciliator's office that she agreed with the proposed Order. 3. The Honorable Kevin A. Hess previously entered Orders of Court dated November 19, 2003 and December 16. 2004 providing for shared legal custody, Father having primary physical custody with Mother having alternating weekends, Friday to Monday, and week on/week off in the summer. 4. The parties agreed to the entry of an Order in the form as attached. Date acgt ine M. Verney, Esquire Custody Conciliator TODD W. CRAIN, Plaintiff V. LISA MARIE CRAIN, Defendant PRIOR JUDGE: Kevin A. Hess, J. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :2003-2645 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Nickolas William Crain August 28, 1997 Father 2. A Conciliation Conference wvas held. in this matter on May 8.2007. with the following individuals in attendance: The Father, Todd W. Crain, with his counsel, Marcus A. McKnight, 111, Esquire. The Mother, Lisa Marie Crain, did not appear but advised the Conciliator's office that she agreed with the proposed Order. 3. The Honorable Kevin A. Hess previously entered Orders of Court dated November 19, 2003 and December 16, 2004 providing for shared legal custody. Father having primary physical custody with Mother having alternating weekends, Friday to Monday, and week on/v,,-eek off in the summer. 4. The parties agreed to the entry of an Order in the form as attached. Date acgt ine M. Verney, Esquire Custody Conciliator VERIFICATION The foregoing Petition for Modification of Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification to authorities. dArzict 6W, y° 80w TODD W. CRAIN Date: December 19, 2007 TODD W. CRAIN, Plaind"etitioner V. LISA MARIE CRAIN, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2003 - 2645 CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Ms. Lisa Marie Crain c/o Michelle Thayer 409 Harker Avenue Newell, WV 26050 Nathan C. Wolf, Esq. Wolf & Wolf 10 West High Street Carlisle, PA 17013 IRWIN & McKNIGHT , quire I By: Marcus . Mc tI 60 West Pomfre t Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: December 19, 2007 o ? $ m - T d { ao : TODD W. CRAIN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. LISA MARIE CRAIN DEFENDANT 2003-2645 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Friday, December 21, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, January 22, 2008 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. 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/ ac ueline M. Verne Es q. Custody Conciliator r-ft 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 19 :11 WV 93 330 LOOZ AdVio?iuaHiOM 3H1 3Q 3,IIA40-031H 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 scheduling conference or hearing. 2 TODD W. CRAIN, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2003 - 2645 CIVIL TERM LISA MARIE CRAIN, Defendant/Respondent IN CUSTODY PETITION TO MODIFY CUSTODY AND NOW comes the Plaintiff/Petitioner, Todd W. Crain, by his attorneys, Irwin & McKnight, and presents the following Petition to Modify Custody. 1. The Petitioner is Todd W. Crain, an adult individual residing at 295 Kutz Road, Apartment 2, Carlisle, Cumberland County, Pennsylvania 17015. 2. The Respondent is Lisa Marie Crain, an adult individual now believed to be residing at 409 Harker Avenue, Newell, West Virginia 26050 c/o Michelle Thayer. 3. The parties are the natural parents of one (1) minor child, namely Nickholas William Crain born August 29, 1997, who resides with the Petitioner. 4. The parties are currently governed by a custody Order of Court dated November 19, 2003, entered by Judge Kevin A. Hess, a copy of which is attached hereto and marked as Exhibit "A» 5. The Order of Court dated November 19, 2003 was modified by Order of Court dated December 16, 2004, a copy of which is attached hereto and marked as Exhibit "B". 3 6. Those Orders of Court were supplemented by an Order of Court dated May 14, 2007, entered by Judge Kevin A. Hess, a copy of which attached hereto and marked as Exhibit "C". 7. The Order of Court provides periods of primary physical custody of the child to the Petitioner. 8. The Respondent, Lisa Marie Crain, left the Commonwealth of Pennsylvania on or about Wednesday, December 12, 2007, to live with her boyfriend who has been convicted of third degree sexual assault of a minor. She has not contacted the Petitioner or said minor child since she moved to West Virginia. 9. The Petitioner seeks primary physical custody and sole legal custody of the minor child, Nicholas Crain. 10. The best interests and permanent welfare of the minor children requires that the Court grant the Petitioner's request as set forth above. WHEREFORE, Petitioner, Todd W. Crain, respectfully requests a modification of the Orders of Court dated as set forth above. Respectfully submitted, IRWIN & McKNIGHT By: =IyA . fight,Esquire f Plaintiff 60 West Pom treet Carlisle, Pennsylvania 1 013-3222 (717) 249-2353 Date: December 19, 2007 Supreme Court I. D. No. 25476 4 EXHIBIT "A" ?U'J 1 I LUU,3 TODD W. CRAIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CU:NIBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-2645 CIVIL TERM LISA MARIE CRAIN, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of V e??ea? , 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I . The prior Order of Court dated August 28, 2003 is hereby vacated. 2. The Father, Todd W. Crain and the Mother, Lisa Marie Crain, shall have shared legal custody of Nickholas William Crain, born August 28, 1997. 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. 3. Father shall have primary physical custody of the Child. 4. Mother shall have the following periods of partial physical custody: A. Alternating weekends Friday from after school to Monday morning when Mother drops the Child off at school. B. Any school holiday (excluding Easter and Christmas vacations) Mother shall be entitled to the previous overnight and the overnight of the school holiday, transporting the Child to school on the next school day. C. Beginning the first Sunday after school recesses for the summer, week on/week off. The exchange day and time shall be Sunday at 6:00 p.m. Mother shall have the first -week in the summer. This schedule shall coincide with Mother's custody schedule for her daughter. 5. The following holidays shall be alternated consistent with Mother's custody schedule for her daughter: Thanksgiving, New Year's Day, Memorial Day, July 4th and Labor Day. 6. Christmas shall be divided into two Blocks. Block A shall be from 2:00 p.m. on Christmas Eve to 2:00 p.m. on Christmas Day and Block B shall be from 2:00 p.m. Christmas Day to December 26 at 2:00 p.m. Mother shall have Block A in even numbered years and Block B in odd numbered years. Father shall have Block A in odd numbered years and Block B in even numbered years. The remaining Christmas vacation shall be split among the parties as agreed. 7. Easter shall be divided into two Blocks. Block A shall be from Saturday before Easter at 6:00 p.m. to Easter at 2:00 p.m. and Block B shall be from Easter at 2:00 p.m. to Easter Monday at 6:00 p.m. Mother shall have Block A from in odd numbered years and Block B in even numbered years. Father shall have Block A in even numbered years and Block B in odd numbered years. 8. Mother shall have physical custody of the Child on Mother's Day from 9:00 a.m. to 9:00 p.m. Father shall have physical custody of the Child on Father's Day from 9:00 a.m. to 9:00 p.m. 9. Transportation shall be shared such that the receiving party shall transport the Child, unless otherwise agreed by the parties. 10. Neither parent will do anything nor permit a third party to do anything which may estrange the Child from the other parent or the parent's significant other, or injure the opinion of the Child as to the other parent or which may hamper the free and natural development of the Child's love and respect for the other parent. 11. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, S J. cc: Marcus A. McKnight, 111, Esquire, Counsel for Father Joan Carey, Esquire, Mid Penn Legal Services TP.UE COPY F -1-A _ r In Testimony v-here-c , ; here U7,10 Lei m j rand and a seal of said oust at Carlisle, Pa. Th' .C J ..... d Q. ...., . » ........ ,.. . Proth otary . TODD W. CRAIN, Plaintiff V. LISA MARIE CRAIN, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :2003-2645 CIVIL TERN? : CIVIL ACTION - LAW : IN CUSTODY CUSTODY CONCILIATION SUM'VIARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: I . The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Nickholas William Crain August 28, 1997 Father 2. A Conciliation Conference was held in this matter on November 13, 2003, with the following individuals in attendance: The Father, Todd W. Crain, with his counsel, Marcus A. McKnight, III, Esquire. The Mother, Lisa Marie Crain, with her counsel, Joan Carey, Esquire,Mid Penn Legal Services. 3. The Honorable Kevin A. Hess entered a prior Order of Court dated August 28, 2003, providing for shared legal custody, Father having primary physical with Mother having alternating weekends, Thursday to Monday and alternating custody Wednesday evenings. 4. The parties agreed to the entry of an Order in the form as attached. Date t acq line M. Verney, Esquire Custody Conciliator EXHIBIT "B" ??? ?, i =? ?004 TODD W. CRAIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-2645 CIVIL TERM LISA MARIE CRAIN, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this /G day of ??,,? , 2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated November 19, 2003 shall remain in full force and effect with the following additions and modifications: 2. In the event that either party is in need of a babysitter for more than two hours, they shall contact the non-custodial parent and offer said custodial time to the other parent. 3. Neither party may consume alcohol to the point of intoxication or use illegal drugs while the child is in their custody. 4. Neither party may interrogate the child concerning matters or other people in the respective homes. 5. The parties agree that Mother shall be listed as an emergency contact at school. 6. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, vin A. Hess, J. cc: Marcus A. McKnight, III, Esquire, Counsel for Father Nathan C. Wolf, Esquire, Counsel for Mother F."» -ROM RECORE) . {:,`.? a ::;t?„r{ s is %c ° ? e: C,z,•lt,SiB my ham pa. It's ?U Fir, TODD W. CRAIN, Plaintiff V. LISA MARIE CRAIN, Defendant PRIOR JUDGE: Kevin A. Hess, J. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 2003-2645 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 Child who is the subject of this litigation is'as follows: NAME Nickholas William Crain DATE OF BIRTH CURRENTLY IN CUSTODY OF August 28. 1997 Father 2. A Conciliation Conference was held in this matter on December 14, 2004, with the following individuals in attendance: The Father, Todd W. Crain, with his counsel, Marcus A. McKnight, III, Esquire. The Mother, Lisa Marie Crain, with her counsel, Nathan C. Wolf. Esquire. 3. The Honorable Kevin A. Hess entered a prior Order of Court dated November 19, 2003, providing for shared legal custody, Father having primary physical custody with Mother having alternating weekends, Friday to Monday, a holiday and summer schedule. Father filed a Petition to Modify. 4. The parties agreed to the entry of an Order in the form as attached. ;a, - I y -Cq ls=?? LGI - b/ Date acq line M. Verney, Esquire Custody Conciliator EXHIBIT "C" SAY 09200p? TODD W. CRAIN, Plaintiff V. LISA MARIE CRAIN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003-2645 CIVIL TERM : CIVIL ACTION - LAW ??eQOtizO : IN CUSTODY ORDER OF COURT AND NOW, this day of 2007 u on consideration of the attached Custody Concili lion Report, it is ordered and directed as follows: 1. The prior Orders of Court dated November 19, 2003 and December 16, 2004 shall remain in frill force and effect with the following additions and modifications: 2. Neither party may take the child out of the state of Pennsylvania without notification and consent of the other party and a Court Order, except for summer vacation. 3. Each party shall be entitled to one week vacation in the summer provided they give prior notification to the other parent and advise them where the child will be and a telephone number where the child may be contacted. 4. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by'mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, -A-11 ?L?r • uv 444"a Kevin A. Hess, J. cc: Marcus A. McKnight, 111, Esquire, Counsel for Father Lisa Marie Crain, pro se #3 Piper Court Carlisle, PA 17013 , RUE COPY FROM RECORD 'Os ?ha t Y whsreof, I here unto set my h8nc Sep of SW Court at Carus, Pa. 2007 IRVv1 , ,? TODD W. CRAIN, Plaintiff V. LISA MARIE CRAIN, Defendant PRIOR JUDGE: Kevin A. Hess, J. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :2003-2645 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Nickolas William Crain August 28, 1997 Father 2. A Conciliation Conference was held in this matter on May 8. 2007, with the following individuals in attendance: The Father, Todd W. Crain, with his counsel. Marcus A. McKnight, III, Esquire. The Mother, Lisa Marie Crain, did not appear but advised the Conciliator's office that she agreed with the proposed Order. 3. The Honorable Kevin A. Hess previously entered Orders of Court dated November 19, 2003 and December 16, 2004 providing for shared legal custody, Father having primary physical custody with Mother having alternating weekends, Friday to Monday, and week onhvveek off in the summer. r 4. The parties agreed to the entry of an Order in the form as attached. Date acqd ine M. Verney, Esquire Custody Conciliator TODD W. CRAIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :2003-2645 CIVIL TERM LISA MARIE CRAIN, : CIVIL ACTION - LAW Defendant : IN CUSTODY PRIOR JUDGE: Kevin A. Hess, J. 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 Nickolas William Crain August 28, 1997 Father 2. A Conciliation Conference was held in this matter on May 8. 2007, with the following individuals in attendance: The Father, Todd W. Crain, with his counsel, Marcus A. McKnight, III, Esquire. The Mother, Lisa Marie Crain, did not appear but advised the Conciliator's office that she agreed with the proposed Order. 3. The Honorable Kevin A. Hess previously entered Orders of Court dated November 19, 2003 and December 16. 2004 providing for shared legal custody, Father having primary physical custody with Mother having alternating weekends. Friday to Monday, and week onAveek off in the summer. 4. The parties agreed to the entry of an Order in the form as attached. 62:1 ?_, A Date acqL i ne M. Verney, Esquire Custody Conciliator VERIFICATION The foregoing Petition for Modification of Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. TODD W. CRAIN Date: December 19, 2007 TODD W. CRAIN, Plaintiff/Petitioner V. LISA MARIE CRAIN, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2003 - 2645 CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Ms. Lisa Marie Crain c/o Michelle Thayer 409 Harker Avenue Newell, WV 26050 Nathan C. Wolf, Esq. Wolf & Wolf 10 West High Street Carlisle, PA 17013 IRWIN & McKNIGHT By: Marcus A. Mc ght, III, 60 West Pomfre treet Carlisle, PA 1701, (717) 249-2353 Supreme Court I.D. No. 25476 Date: December 19, 2007 5 ry? r.a C? orn "? y Yt N Urn r? JAN 2 2 2008 TODD W. CRAIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-2645 CIVIL TERM LISA MARIE CRAIN, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this 2 S` day of , 2008, upon consideration of the attached Custody Concilia ion Re ort, it is ordered and directed as follows: 1. The prior Orders of Court dated November 19, 2003, December 16, 2004 and May 14, 2007 are hereby vacated. 2. Father, Todd W. Crain shall have primary legal custody of Nickholas William Crain, born August 29, 1997. 3. Father shall have primary physical custody of the child. 4. Mother shall have reasonable telephone contact with the child. 5. Neither party may take the child out of the state of Pennsylvania without notification and consent of the other party and an Order of Court, except for su.-nmer vacation. 6. 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. Another Conciliation Conference is scheduled for February 21, 2008 at 10:30 a.m. BY THE COURT, ,? cc: Marcus A. McKnight, III, Esquire, Cc *-?athan C. Wolf, Esquire, Counsel for A. Hess, J. for Father ?O mid er 4468 ~I C• I t e d fjr UJUz TODD W. CRAIN, Plaintiff V. LISA MARIE CRAIN, Defendant PRIOR JUDGE: Kevin A. Hess, J. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :2003-2645 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: I. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Nickolas William Crain August 28, 1997 Father 2. A Conciliation Conference was held in this matter on January 22, 2008, with the following individuals in attendance: Marcus A. McKnight, III, Esquire, counsel for Father. The Mother, Lisa Marie Crain, and her counsel Nathan C. Wolf, Esquire did not appear but counsel advised the Conciliator's office that he and his client agreed with the proposed Order. 3. The Honorable Kevin A. Hess previously entered Orders of Court dated November 19, 2003, December 16, 2004 and May 14, 2007 providing for shared legal custody, Father having primary physical custody with Mother having alternating weekends, Friday to Monday, and week on/week off in the summer. 4. The parties agreed to the entry of an Order in the form as attached. (-ZZ 0k, Date ac line M. Verney, Esquire Custody Conciliator APR 18 2008 TODD W. CRAIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-2645 CIVIL TERM LISA MARIE CRAIN, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this 4 ? day of 6@-1 , 2008, upon consideration of the attached Custody Conciliat on Report, it is ordered and directed as follows: The prior Order of Court dated January 25, 2008 is hereby vacated. 2. Father, Todd W. Crain shall have primary legal custody of Nickholas William Crain, born August 29, 1997. Father shall keep Mother apprised of all information regarding the child's medical, educational and religious matters, if not prior to, then immediately after they occur. 3. Father shall have primary physical custody of the child. 4. Mother shall have periods of partial physical custody as follows: A. During school, the first full weekend per month from Friday after school to Sunday at 4:00 p.m. These periods shall occur in the Carlisle area. B. During the summer, one full week from Sunday to Sunday for the months of June, July and August. The June week shall be the first full week after school is recessed. The July and August weeks shall be the first full week of the month. Mother may exercise these weeks in West Virginia. 5. Christmas shall be divided into two Blocks. Block A shall be for a period of 72 hours and shall begin the day school recesses for the Christmas holiday. Block B shall be for a period of 72 hours beginning on December 26. Mother shall have Block A in even numbered years and Block B in odd numbered years. Father shall have Block A in odd numbered years and Block B in even numbered years. Mother may exercise her holiday time in West Virginia. 6. Mother shall have reasonable telephone contact with the child. 7. The child is to have no unsupervised contact with Clarence Thayer. F TH F?+Y 2 1103 APR 21 111: 11 8. 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 zcc: Marcus A. McKnight, III, Esquire, Counsel fo Nathan C. Wolf, Esquire, Counsel for Mother 0-0 1 tS ?rila 1,1ECL -Vla !/06 BY THE COURT, TODD W. CRAIN, Plaintiff V. LISA MARIE CRAIN, Defendant PRIOR JUDGE: Kevin A. Hess, J. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :2003-2645 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 Child who is the subject of this litigation is as follows: NAME Nickolas William Crain DATE OF BIRTH CURRENTLY IN CUSTODY OF August 28, 1997 Father 2. A Conciliation Conference was held in this matter on April 17, 2008, with the following individuals in attendance: The Father, Todd W. Crain, with his counsel, Marcus A. McKnight, III, Esquire, and the Mother, Lisa Marie Crain, and her counsel Nathan C. Wolf, Esquire. 3. The Honorable Kevin A. Hess previously entered an Order of Court dated January 25, 2008 providing for Father having primary legal custody and primary physical custody with Mother having reasonable telephone contact. 4. The parties agreed to the entry of an Order in the form as attached. Date acq line M. Verney, Esquire Custody Conciliator