HomeMy WebLinkAbout01-06550
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NOV 2 1 2001 J
JESSICA 1. LACAVA,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CNIL ACTION - LAW
: IN CUSTODY
; NO. ol-Cos66cNIL TERM
JON M. FOX,
Defendant
TillS AGREEMENT, made this
CUSTODY AGREEMENT AND ORDER OF COURT
/9'/'4
day of November, 2001, between Jessica J.
Lacava, hereinafter Mother, and Jon M. Fox, hereinafter Father, concerns the custody of their
child, Marina Eve Fox, born February 25, 2000.
Mother and Father are the biological parents of the child and desire to enter into an
agreement as to the custody of the child.
Mother and Father agree to the following:
1. Mother and Father shall have shared legal custody of the child.
2. Mother shall have primary physical custody of the child, and Father shall have
partial physical custody of the child, as set forth in this Agreement.
3. Mother shall have custody of the child each week from Sunday evening through
Friday evening.
4. Father shall have custody of the child each weekend, from Friday evening thfough
Sunday evening, at times agreed upon by the parties.
5. Mother and Father shall share custody of the child on holidays, as the parties
agree.
6 The parties may modify this Order by mutual consent. In the absence of mutual
consent, the terms of this Order control.
7. No party to this Agreement and Order will do anything which may estrange the
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child from the other party, or injure the opinion of the child as to the other party
or which may hamper the free and natural development of the child's love and
respect for the other party.
8. Father has been informed and understands that the Family Law Clinic represents
Mother in this matter, and cannot give him legal advice, except that he should
contact his own attorney. Understanding this, Father has decided to proceed
without an attorney.
9. The parties intend to be bound by the terms of this Agreement and intend that this
Agreement be entered as an Order of the Court.
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Jessica 1. Lacava, Plaintiff
f~K;rt ~
Certified Legal Intern
;:;; L I J-
Thomas M. Place
Robert E. Rains
Teri L. Henning
Supervising Attorneys ~
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, Pa 17013
(717) 243-2968
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fn M. Fox, Defendant
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AND NOW, this
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ORDER
day of Novc.....,~u ,2001 the above custody agreement
is approved and entered as an Order of the Court.
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NOV 21 2001 O.
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JESSICA 1. LACAVA,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
: IN CUSTODY
JON M. FOX,
Defendant
: NO. 01- 'Co560CIVIL TERM
ORDER OF COURT
AND NOW, this
day of
, 2001, upon consideration of the
attached complaint, it is hereby directed that the parties and their respective counsel appear
before, , the conciliator, at
on the _ day of
,2001, at
m., for a Pre-Hearing Custody
Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this
cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter
into a temporary order. All chlldren age five or older may also be present at the conference.
Failure to appear at the conference may provide grounds for entry of a temporary or permanent
order.
FOR THE COURT:
By:
Custody Conciliator
YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with
the Americans with Disabilities Act of 1990. For information about accessible facilities and
reasonable accommodations available to disabled individuals having business before the court,
please contact our office. All arrangements must be made at least 72 hours prior to any hearing
or business before the court. You must attend the scheduled conference or hearing.
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JESSICA 1. LACAVA,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION -LAW
: IN CUSTODY
JON M. FOX,
Defendant
: NO. OI-(063() CIVIL TERM
COMPLMNTFORCUSTODY
The plaintiff, Jessica 1. Lacava, by her attorneys, the Family Law Clinic, sets forth the
following cause of action:
1. The plaintiff is Jessica 1. Lacava, residing at 267 Plaza Drive, Boiling Springs,
Cumberland County, Pennsylvania 17007.
2. The defendant is Jon M. Fox, residing at 60 South Pin Oak Drive, Boiling Springs,
Cumberland County, Pennsylvania 17007.
3. Plaintiff seeks custody of the following child:
Name
Present Residence
Date of Birth
Marina Eve Fox
267 Plaza Drive
Boiling Springs, PA 17007
February 25, 2000
The child was born out of wedlock.
The child is presently in the custody of Jessica 1. Lacava.
During the past five years, the child has resided with the following persons and at the
following addresses:
Persons
Addresses Dates
Jessica Lacava
Jon Fox
Cinda Fox
11 Slllrley Lane February-March 2000
Boiling Springs, P A 17007
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Jessica Lacava
Jon Fox
267 Plaza Drive March 2000-September 2000
Boiling Springs, P A 17007
Jessica Lacava
Jon Fox
John Fox
60 South Pin Oak Drive September 2000 -February 2000
Boiling Springs, PA 17007
Jessica Lacava
267 Plaza Drive February 2000-present
Boiling Springs, P A 17007
4. The relationship of the plaintiff to the child is that of mother. She is single. She
currently resides with the following persons:
Name Relationshiu
Marina Fox Daughter
5. The relationship of defendant to the child is that of father. He is single. He currently
resides with the following persons:
Name Relationshiu
John Fox Father
6. Plaintiff has not participated as a party or witness, or in another capacity, in other
litigation concerning the custody of the child in this or another court.
Plaintiff has no information of a custody proceeding concerning the child pending in a
court of this Commonwealth or any other state.
Plaintiff does not know of a person not a party to the proceedings who has physical
custody of the child or claims to have custody or visitation rights with respect to the child.
7. The best interest and permanent welfare of the child will be served by granting the
relief requested because:
a) Mother has been the primary care giver of the child since birth;
b) Mother has agreed to the Father having frequent contact with the child so that he may
develop a strong bond with the child;
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c)Mother and Father have entered into a Custody Agreement concerning the child.
8. Each parent whose parental rights to the child have not been terminated and the person
who has physical custody of the child have been named as parties to this action.
WHEREFORE, plaintiff requests that the court grant her shared legal and primary
physical custody of the child.
Date:
11/'2.1:> /0 I
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VA1M d V wk
~L Kurts :1J-w
Certified Legal Intern
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THOMAS M. PLACE
ROBERT E. RAINS
TERI L HENNING
Supervising Attorneys
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
717/243-2968
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VERIFICATION
I verifY that the statements made in this 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 unswom
falsification to authorities.
Date: 1/-/ Cf1J1
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Jessica 1. Lacava, Plaintiff
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mSSICA 1. LACAVA,
Plaintiff
v.
JON M. FOX,
Defendant
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: IN CUSTODY
: NO. 01-6550 CIVIL TERM
PROOF OF SERVICE
Understanding that the making of any false statement would subject her to the penalties
of 18 Pa. C. S. Section 4904 (relating to unsworn falsification to authorities), the undersigned
verifies that Karen L. Kurts mailed a true copy of the Custody Complaint to the Defendant by
placing the same in the U.S. Mail, certified no. 70993400001849969350, restricted delivery,
return receipt requested, postage prepaid, on the 20th day of November, 2001 addressed as
follows:
JonM. Fox
60 South Pin Oak Dr.
Boiling Springs, P A 17007
Sender's receipt no. 70993400001849969350 is attached hereto and incorporated by reference.
On or about the 2()'h day of November, 2001, green return receipt card no. 7099 3400
001849969350 was delivered to the Family Law Clinic, bearing the signature of Jon Fox and
showing a date of service of November 23,2001. The return receipt is attached hereto and
incorporated by reference.
Date: AJmJf.nJ/fA dCf :}fj)/
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. Complete.'tems1, 2, and 3. AlsO complete
item 4 if Restricted Delivery Is desired,
. Print your name and address 00 the reverse
50 that we can return the card to you.
. Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
JOI"\ m. fQ;<
100 Sovth P.n QJ..\:"])r,
Eotlinq Sf"()1$j PA 17007-
Certified Legal Intern
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FAMILY LAW CLINIC
45 N. Pitt St.
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2. Article Number (Copy from service labelj
70'lQ 3L.JDO OOllll./q% GJ35D
PS Form 3811 , July 1999 Domestic Return Receipt
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FEB 0 4 2002 tfJ
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JESSICA J. LACAVA,
PlaintifflRespondent
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
NO. 2001 -6550
IN CUSTODY
J. WESLEY OLER, JUDGE
JON M. FOX,
Defendant!
ORDER OF COURT
AND NOW, this
day of
,2002,
upon consideration of the attached Petition for Special Relief Seeking Custody of the Minor
Child, Petitioner's requested relief is hereby GRANTED.
Petitioner, Jon M. Fox, is awarded temporary physical custody of the minor child, Marina
Eve Fox, until further Order of Court.
Petitioner, Jon M. Fox, shall be entitled to utilize the services of the police or sheriffs
department in order to obtain and retain custody of the subject minor child until further Order of
Court.
BY THE COURT,
J. WESLEY OLER, JUDGE
Distribution List:
Peter J. Russo, Esquire - Counsel for Petitioner
Teri L. Henning, Esquire - Counsel for Respondent
Jessica J. Lacava - Plaintiff/Respondent
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JESSICA J. LACAVA,
PlaintifinRespondent
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CML ACTION - LAW
NO. 2001 -6550
IN CUSTODY
J. WESLEY OLER, JUDGE
JON M. FOX,
DefendantIPetitioner
PETITION FOR SPECIAL RELIEF
SEEKING CUSTODY OF MINOR CHILD
AND NOW, COMES, Jon M. Fox, by and through his attorney, Peter J. Russo, Esquire,
and respectfully submits the following in support of Defendant's Petition for Special Relief Seeking
Custody:
1. The petition of Jon M. Fox respectfully represents that on November 19, 2002, a
Custody Order was entered by this Honorable Court setting forth the parties respective
custody rights. A true and correct copy of which is attached as Exhibit 1.
2. Respondent has failed to comply with the above-referenced Custody Order and a
Petition for Modification and Contempt has been filed with this Court. A true and correct
copy of which is attached as Exhibit 2.
3. Jessica J. Lacava, mother, has removed Marina Eve Fox, daughter, from the State of
Pennsylvania and has kept her in the Commonwealth of Virginia, thereby separating her
from Jon M. Fox, father.
4. This past weekend, Respondent invited Petitioner to drive to Virginia to pick up the
subj ect minor child.
5. Upon father's arrival, Mother refused to deliver the child.
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6. To the best of Petitioner's knowledge, Respondent is without a pennanent residence
and lives with friends while in Virginia.
7. To the best of Petitioner's knowledge, the temporary residence that Respondent
utilizes in Virginia, is inappropriate for the subject minor child.
8. Petitioner is currently unaware of the physical well-being of the subject minor child.
9. The best interests of this child would be served if the child were returned to the
Commonwealth ofPeunsylvania, as all relevant contacts are with Pennsylvania.
10. The Respondent and the subject minor child have no ties to the Commonwealth of
Virginia.
11. Cwnberland County, Pennsylvania is the home county of the subject minor child, as
this child has resided in Cwnberland County her entire life.
WHEREFORE, Petitioner requests this Honorable Court to order the return of the minor
child, Marina Eve Fox to the jurisdiction of this Court or that physical custody of the minor child be
placed with Petitioner until further hearing on this matter.
Date: J./1/ 10 :;;l.
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Peter J. Russo
Attorney for Defendant/Petitioner
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JESSICAJ. LACAVA
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
IN CUSTODY
JON M. FOX
Defendant
NO. 2001 - 6550
CIVIL TERM
VERIFICATION
I, Jon M. Fox. verify that the statements made in the foregoing document are true
and correct. I understand that false statements made herein are subject to the penalties
of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities.
Date: 1-3/-0L
1,--Om!-
ON M. FOX
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J ISSIC.\ .I. L\C\ V.\.
PI"int;ll
i,', ['HE COIRT 01 ( O\L\/U..... l'U,.'\:-' 01
CU1\lBERL.\\D C()\\l Y. PC\\SYl.\'X\!.\
\
CIVIl. ACTIO", - I -\ II
1'-< n STOD)
J(),'.; ,\1 FOX,
Defendant
. NO. 01- (/OOL> CIVIL TERM
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CUSTODY AGREEI\.1ENT AND ORDER OF COURT
Nth
THIS AGREEMENT, made this
day ofNovemb~r. 200 \, between Jessica J
I.;l\.'~l\"~l. hc;'rcinafkr Mother, and Jon 1\1. Ft':--':. hereinafter father. COIlClTrlS the custody or-their
,:I1i1e!. 'vl;]rinn Ev~ Fox. bOI11 Fehruary c'. cl.)])I).
Mother' and Father are the biological parcnts of the child and desire to enter into an
agreement as to the custody of the child.
Mother and Father agree to the following:
Mother and Father shall have shared legal custody of the child
2. Mother shall have pr'imalY physical custody of the child. and Father shall h:J\'e
partial physical custody of the child, as set forth in this Agreement.
J. Mother shall have custody of the child each week from Sunday evening through
Friday evening.
4. Father shall have custody of the child each weekend. from Friday evening through
Sunday evening, at times agreed upon by the paliies.
5. Mother and Father shall share custody of the chilclon lwliclays, as the parties
agree.
6 The patiies may modi!"y this Order by mutual consent. 1n the Jbsence ofrnLLtual
consent, the teJ111S of this Order control.
7. No patty to this Agreement and Order will do anything which nwy estrange the
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rCSpL'ct l"ur Ill!; olher p~lrty
8. Father has been infolmed and understands that the Family Law Clinic represents
i"'lother in this matter, and cannot give him legal advice, except that he should
contact his own attorney. Understanding this, Father has decided to prl'ceed
without an attol11ey.
9. The parties intend to he bound by the temlS of this Agreement and intend that this
Agreement be entered as all Order of the Couli.
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Jessica 1. Lacava, Plaintiff
X~LY\ ;;(f~~";b
Ka 'en L. Kurts
CeJ1ified Legal Intem
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Thomas M. Place
Robel1 E. Rains
T eri L. Henning
Supervising Attomeys
FAMIL Y LA W CLINIC
45 N011h Pitt Street
Carlisle, Pa ] 70 I 3
(717) 243-2968
rr!2S:___.1_____ .____
Fox, Defendant
ORDER
AND NOW, this ~ 1 <C:"
day llf ~ , 200 I the above custody agreement
is approved and entered as an Order "rthc (""Wi
BY THE COURT
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COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
JESSICA J. LACAVA,
Plaintiff/Respondent
CIVIL ACTION - LAW
IN CUSTODY
v.
JON M. FOX,
Defendant/Petitioner
NO: 2001 - 6550 CIVIL TERM
J. WESLEY OLER, JUDGE
ORDER OF COURT
You, Jessica J. Lacava, have been sued in court to modifY custody, partial custody or visitation of
the child: Marina Eve Fox.
You are ordered to appear in person at
on
at
.m., for
a conciliation or mediation conference.
a pretrial conference.
a hearing before the court.
If you fail to appear as provided by this order, an order for custody, partial custody or visitation
may be entered against you or the court may issue a warrant for your arrest.
FOR THE COURT,
By:
J. WESLEY OLER, JUDGE
Distribution List:
Peter J. Russo, Esquire - Counsel for Petitioner
Teri 1. Henning, Esquire - Counsel for Respondent
Jessica J. Lacava - PlaintifflRespondent
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COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JESSICA J. LACAVA,
Plaintiff/Respondent
CIVIL ACTION - LAW
IN CUSTODY
v.
JON M. FOX,
Defendant/Petitioner
NO: 2001 - 6550 CIVIL TERM
J. WESLEY OLER, JUDGE
PETITION FOR MODIFICATION OF A PARTIAL CUSTODY
OR VISITATION ORDER and CONTEMPT
AND NOW, COMES, Jon M. Fox, by and through his counsel, Peter J. Russo, Esquire and
aver the following in support of their petition for Modification and Contempt:
1. The petition of Jon M, Fox respectfully represents that on November 19, 2002, a Custody
Order was enter by this Honorable Court which set forth the parties respective custody rights. A
true and correct copy of which is attached as Exhibit 1.
2, Respondent has failed to comply with the Custody Order in the following manner:
a) Pursuant to paragraph 4, Jessica J. Lacava, mother, consistently over the last three
weekends has not allowed Jon M, Fox, father, to share in the custody of their daughter,
Marina Eve Fox.
b) Pursuant to paragraph 7, Jessica r Lacava, mother, has removed Marina Eve Fox,
daughter, from the State of Pennsylvania and separated her from Jon M. Fox, fathec
3. A copy of this Petition has been provided to Respondent's last counsel of record, Teri 1.
Henning, Esquire via telecopier on the undersigned day.
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WHEREFORE, Petitioner requests that the Court modify the existing Order for a
modification of the custody schedule providing Petitioner with primary custody, as it will be in the
best interest of the child.
Respectfully submitted,
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Peter J. Russo,
Attorney for Defendant/Petitioner
Date: \ I' S I I (j .~
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JESSICA J. LACAVA
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
IN CUSTODY
JON M. FOX
Defendant
NO. 2001 - 6550
CIVIL TERM
VERIFICATION
I, Jon M. Fox, verify that the statements made in the foregoing document are true
and correct. I understand that false statements made herein are subject to the penalties
of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities.
Date:ll- I -=-
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JON M. FOX
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THIS ,\(iREf:\IF.NT, made l]lIS
("L'STOOY ACREE:\It:::"T Ai\'O ORDER OF (01 In
/ '! 'Iii
day ("'If''l()\'t..'rnhvJ', ~Il{jl, hetween Jl'~."il...';l
., .:\,1. ih:rcIJt,\(tL'I' '\1\,l!h,']'. ;lI\d JI')11 \1 1:\,\. l1l'J"l'iJ1drtl...'J' [~a[)ll'r, ,-'\\11\ \."1'1,') Ihv clIstlli..l,\ \)1 i1h.'I'
'): \l.II!I1;ll'\l' 1:\'1\, h(l['JlI:vhnJ:ll\ .~..., .:;',/"1
,\1\)t!1l'l' dlh.J Fathtr ~1I'C the hi()I\)gH.:~lt P,ll\.'llIS \)(lhe child ell)",,] lk...llt' II' eJlh.,:r 111\1.) ,Ill
:<glcemel1t as III the custody 01" Ihe child
1\101her al1d Falher agree to the 1"\111 l1\1'i ng,
.\kHher and Father slwll have shared legal c\lslt1d\ 1,1" Ih,' ,'11I Ii!
o
..\IOl11er 5hall h:lIe prim:lI}" phnil"<11 cllstody 01" the child. dlli! I:ather shall ,,:ne
partial physical cLlstody "t' the chilJ, as set forth ill this '\12' (1'lI1el1t
.\ \hilher shall have cLlstlJdy of' Ihl' child each \l'eek l'nHll "11111.1.1\ \'\l'nlng 1111 ',Iugh
Friday evening.
4 Falher shall have cuslndy nl" Iho child c:1eh weekend. i"n'll1 FrilL,)' eyening Ihl\1U,,1-,
Sunday evening, at limes agreed upon by the panics
:::; t\-'11..)thcl' rind Father Sh:l11 SI1;1I\' (ll....;!t.)dy-' ()[the child l)lllh"!i(la.\'o..;, ;1;-; the p,ll'lll':->
agrt't.::
() The panies 111.t)' modi!';rllns ()n..kr by mutual CiH1scnl 11\ till' ..d~sellcc ...,j'Il111tu,d
COl1sel1t, the terms of thiS Order lllntn'[
7 1'\,) pl\i1)' 1\1 this Agreemel1l and (Jrder will do :111)'thillg \I hlclt 111:,,' estral1g1' Ihe
1
\hlid 1\'I\m d",.: I,)\hl'l' 1',1\"\:, I'! ',ll,ill\'\.: \h~ uj)\Ii\\\I\ \\1' II\\,.' \'11!11\ l" \ '11\\' 1\1h\.'r )\11'
1"1 HliILI111Ll.\ !l:lJlllll'1 111,.' i ,'I' ,111.11\.11\11'.]/ d...'\\.:i\lPIn(Tit
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1...'SP,:l.'! j'()1" 111-.: \)[l1l'r Il-Irl.\
8. Father hus been informed 'lnd understands that the [:'lm;l\ [:111' ('Iinic represell"
:VJnthcr in this matttr, :llld ,,:annul give him kg~l) ndvic,-'. L'\l.:ep! thai he sl](1111d
l'olltaC( his nwn nttl)r11cy 1.:nd~i'SI:lnding this. F~lthcl' 11,1" dt.'t.'idl'd tll proceed
\\'lthUlLr an Dt(orney,
() The p:lni", Inlend 10 he b()l!nd 11) Ihe tenl1S of this Agreell1enl alld ;1I1end tkl1 [hI.'
.-\grcement be entered ;15 :\11 Order. ,,['the lOur1
~ 0." (C"--.\ \ C\ ((\ ,,\1...__
Jessica J [.:lell.,1. PI'lilltil'l'
_~~_~1i~,~:b.
K~l L Kul1s I
Certified L~g'i.ll Intern
(':::-.d--::.:.: ! ~c::
Thomas M PI:lce
Raben E Rains
Teri L Henning
Supervising Att')ll1eys
F;\MIL Y L/\ W CLINIC
45 NOl1h Pitt Street
Carlisle, Pa ] 70 1:1
(7 \ 7) 243-2908
(J,~_1a:rx:
J..011 M F,)x, Deklld"I'1
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ORDER
AND 1"0\\', this
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IS ~lppro\'cd .1111.1 t...'llll'I't..'d :1:-; :l!) Order t)(tht.' ('1\1.111
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COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
JESSICA J. LACA VA,
Plaintiff/Respondent
CIVIL ACTION - LAW
IN CUSTODY
v.
JON M. FOX,
Defendant/Petitioner
NO: 2001 - 6550 CIVIL TERM
J. WESLEY OLER, JUDGE
CERTIFICATE OF SERVICE
I, Melissa M. Mehaffey, hereby certify that I am on this day serving a copy of the
foregoing Petition for Modification of Custody upon the person (s) and in the manner indicated
below:
Teri L. Henning, Esquire
Family Law Clinic
45 North Pitt Street
Carlisle, P A 17013
Jessica Lacava
267 Plaza Drive
Boiling Springs, P A 17007
L:l1 'C:}
Date
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COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JESSICA J. LACAVA,
PlaintiffJRespondent
CIVIL ACTION - LAW
IN CUSTODY
v.
JON M. FOX,
Defendant/Petitioner
NO: 2001 - 6550 CIVIL TERM
J. WESLEY OLER, JUDGE
CERTIFICATE OF SERVICE
I, Melissa M. Mehaffey, hereby certify that I am on this day serving a copy of the
foregoing Petition for Special Relief Seeking Custody upon the person (s) and in the manner
indicated below:
Teri L. Henning, Esquire
Family Law Clinic
45 North Pitt Street
Carlisle, P A 17013
Jessica Lacava
267 Plaza Drive
Boiling Springs, P A 17007
:::)-?)l~
Date
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JESSICA J. LACAVA
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
01-6550 CIVIL ACTION LAW
JON M. FOX
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW, Tuesday, February 12, 2002 , upon consideration of the attached Complaint,
it is hereby ilirected that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, March 06, 2002 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 bereby 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 TIIE COURT,
By: Isl
Jacqueline M. Verney. Esq. ()f^
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 ATIORNEY AT ONCE. IF YOU DO NOT
HA VB AN ATIORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIIE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JESSICA J. LACAVA,
PlaintiffIRespondent
CIVIL ACTION - LAW
IN CUSTODY
v.
JON M. FOX,
Defendant/Petitioner
NO: 2001 - 6550 CIVIL TERM
J. WESLEY OLER, JUDGE
ORDER OF COURT
You, Jessica J. Lacava, have been sued in court to modifY custody, partial custody or visitation of
the child: Marina Eve Fox.
You are ordered to appear in person at
on
.2002,
at
.m.,for
a conciliation or mediation conference.
a pretrial conference.
a hearing before the court.
If you fail to appear as provided by this order, an order for custody, partial custody or visitation
may be entered against you or the court may issue a warrant for your arrest.
FOR THE COURT,
By:
J. WESLEY OLER, JUDGE
Distribution List:
Peter J. Russo, Esquire - Counsel for Petitioner
Teri L. Henning, Esquire - Counsel for Respondent
Jessica J. Lacava - Plaintiff/Respondent
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COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JESSICA J. LACAVA,
Plaintiff/Respondent
CIVIL ACTION - LAW
IN CUSTODY
v.
JON M. FOX,
Defendant/Petitioner
NO: 2001 - 6550 CIVIL TERM
J. WESLEY OLER, JUDGE
PETITION FOR MODIFICATION OF A PARTIAL CUSTODY
OR VISI1'ATION ORDER and CONTEMPT
AND NOW, COMES, Jon M. Fox, by and through his counsel, Peter J. Russo, Esquire and
aver the following in support of their petition for Modification and Contempt:
1. The petition of Jon M. Fox respectfully represents that on November 19,2002, a Custody
Order was enter by this Honorable Court which set forth the parties respective custody rights. A
true and correct copy of which is attached as Exhibit 1.
2. Respondent has failed to comply with the Custody Order in the following manner:
a) Pursuant to paragraph 4, Jessica J. Lacava, mother, consistently over the last three
weekends has not allowed Jon M. Fox, father, to share in the custody of their daughter,
Marina Eve Fox.
b) Pursuant to paragraph 7, Jessica J. Lacava, mother, has removed Marina Eve Fox,
daughter, from the State of Pennsylvania and separated her from Jon M. Fox, father.
3. A copy of this Petition has been provided to Respondent's last counsel of record, Teri L.
Henning, Esquire via telecopier on the undersigned day.
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WHEREFORE, Petitioner requests that the Court modify the existing Order for a
modification of the custody schedule providing Petitioner with primary custody, as it will be in the
best interest of the child.
Respectfully submitted,
.~
Peter J. Russo,
Attorney for DefendantJPetitioner
Date: .J.J "3, II 0 0.
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JESSICAJ. LACAVA
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN CUSTODY
JON M. FOX
Defendant
NO. 2001 - 6550
CIVIL TERM
VERIFICATION
I, Jon M. Fox, verify that the statements made in the foregoing document are true
and correct. I understand that false statements made herein are subject to the penalties
of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities.
Date:ll -UL
~1--r1d-
N M. FOX
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Dd~lldallt
NO 01- u:.55"L-' ("\\"IL\TR~l
CUSTODY AGREEi\IENT AND ORDER OF CO[:RT
jytll
TIllS AGREEMENT, made this
day of November. 2()() I. bet\\een Jessica J
I "ll';]"l. hcrcina!'ter r'vlothcr, and Jun 1\'1 J:lH,:. hereinafter Father. Cl)JlLl.TllS the cllstud.\ ll11l1cir
,'I1i1d. \brin" Evc I;ox. bom February 25. 2lJl)().
Mother and Falher are the biological parents of the child und deSire to enter into an
agreement as to the custody of the child.
Mother and Father agree to the following:
Mother and Father shaJl have shared lega] custody uf thc child
2. Mother shall have primary pllysical custody of the child. and Father shall have
partial physical custody of the child, as set forth in this Agreement.
3. Mother shall have custody of Ihe child each week from Sunday cvening through
Friday evening
4 Father shall have custody of the child each weekend. fle"1l1 l-1llby evening thr"ugh
Sunday cycning, at timcs agreed upon by the parties
5. Mother and Father shal] sharc custody oflhe child onlwlidays. as the partie,
agree.
(, The par1ies may modifv this Order by Jl1utual C<Hl.sent. In the "hsence llfnllltu,11
consen!, the lenllS ol'this Ordcr con(rol
7 No pa11y to thi" .\grCCJl1C11t and Order will do anythl11", \\hlch Illay estrange the
1
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:
.
l'l1ll,..1 rl"lllll the llthl.'I 1';l!1:. ,I] InjUl'e' (he opl1lil1ll l,\f'lhl' l'hllll ::" i,) llll' ,1111\.'1 1';li'l\
("1 '.\Ilich llLI~ h,J!ll)"l'l th.' I:,'C' ,111d n:i!ural dl.'\l'L1prrltTI:
):j . I'll,!...., 1,,\ l' ,llld
,'l:""pL'l.'1 !~ll' till.' ()tllCJ 1);11'1>
8 Father has been inf0rmeu ,mu understanus that the F.\\11I1y I_aw Clinic represenb
Mother in this matte!'. and cannot give him legJ.l ad\'il.'t:. except tlwt he should
contact his own atlurney Unuerstanuing this, rather has ueciueu tll proeeeu
withuut an anurney.
<) The parties intenu tv be buunu by the tellllS ufthis Agreement anu intenu Ihm t1m
Agreement be entercu as an Order of the COUlt
J.., ,~^" (n \ \ ('AI' (\ uC\.
Jessica J Lacava, Plaintiff
_~':':'\ :;:(J<,<",h_~__u
K~I;'l L. KUl1s Ll
Cel1ified Legal Inlt:l1l
~'l_/~.
Thomas M Place
Robelt E. Rains
Teli L. Henning
Supervising Attumeys
FAMIL Y LA \V CLINIC
45 NOlth Pitt Street
Carlisle, POl 17() 1\
(717) 243-2968
ORDER
AND NOW. this
J.1~
day of ~ , 200 I the Clbove.custuuy agreement
is approved anu entered as an Oruer ,\f tile ('uurt
BY Till' COllin
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COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
JESSICA J. LACAVA,
Plaintiff/Respondent
CIVIL ACTION -LAW
IN CUSTODY
v.
JON M. FOX,
DefendantJPetitioner
NO: 2001 - 6550 CIVIL TERM
J. WESLEY OLER, JUDGE
CERTIFICATE OF SERVICE
I, Melissa M. Mehaffey, hereby certify that 1 am on this day serving a copy of the
foregoing Petition for Modification of Custody upon the person (s) and in the manner indicated
below:
Teri L. Henning, Esquire
Family Law Clinic
45 North Pitt Street
Carlisle, P A 17013
Jessica Lacava
267 Plaza Drive
Boiling Springs, P A 17007
L2J-o~
Date
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FEB 05'02
"rAMiLY LAW CLINIC
15:58 No.005 P.02
v
A RCrvi~ 1.0 tho oQanmunity by students
rrom The Dic:kinoon Soh..1 .r Law
of The PcnnsylvlUiia State Univcraity
11ul Dale F. ShuRlwt Community law (:WI...
45 North Pill b'lr"'"
Carli,l., PA 17013.2899
(717) :14~.2968
Fax: (71'7) 743-3639
BV FACSIMILE
February 5,2002
The Honorable J. Wesley Oler
Cumberland County Court House
3 South Hanover Street
Cadisle,PA 17013
Rc: Lacava v. FOll
I)o~k",t No_ 01-M50
Dear Judge Qlor,
The Family Law Clinic rcpnJsents Jessica J. Lacava, the Plaintiff/Respondent in
the above referenced matter. On Thursday, ),m\lllry 31,2002, we received a fa."lld copy
of the Petition for Modification/Contempt filed hy Mr. Russo (on behalf of Mr. Fox).
Yosterday, we reeeivtxl i1 wpy Ufl1H~ Plllitiun for Special Relief, flIed on January 31,
2002, by Mr. Russo. We intend to file a wriHen response to the Petition for Special
Relief and ask that you give us until Friday, Fehruary 8, 2002, to do so.
In the meantime, it is Our understanding that Mr. Fox currently has temporary
physillal custody oftlle parties' child, Marina ti. Fox (DOB 2/25/00), pursuant to an
agreement ofthe parties. As a result, wc do no! helieve that there is any need for
immediate action by the Court.
Thank you in advance for your consideration of our request.
Respectfully,
, 'h-/.O~----
(/~17'I)Ot.J ---->
HliRaheth T.. R{lwley
Cettitied Legal Intern
co: Peter J. Russo, Esquire (By Facsimile)
Pf-NNSrATE
.. The Dickinsnn Schonl nfLaw
An FAlllAl Opportunity Univtniity
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MAR 0 6 2002
JESSICA J. LACAVA,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
: NO. 2001-6550 CIVIL TERM
JON M. FOX,
Defendant
: CIVIL ACTION - LAW
: IN CUSTODY
ORDER OF COURT
ANDNOW,this l(ftt dayof Wlv c.-L. ,2002, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as
follows:
l. The Mother, Jessica 1. Lacava, and the Father, Jon M. Fox, shall have
shared legal custody of Marina Eve Fox, born February 25, 2000. Each parent shall have
an equal right, to be exercised jointly with the other parent, to make all major non-
emergency decisions affecting the Child's general well-being including, but not limited
to, all decisions regarding her health, education and religion.
2. The parties shall have shared physical custody of the child on the
following schedule:
A. The parties shall alternate physical custody of the Child every two weeks
consistent with the present schedule, with the transfer occurring on
Sundays at 11 :00 a.m., unless otherwise agreed by the parties.
B. The receiving party shall be responsible for transportation of the child.
Exchanges shall occur at each party's residence unless otherwise agreed
by the parties.
3. The parties shall share physical custody of the Child on holidays as follows:
A. Thanksgiving. Mother and Father shall alternate custody of Marina on
Thanksgiving Day. In odd numbered years, Father shall have custody of
Marina on Thanksgiving Day, in even numbered years, Mother shall have
custody of Marina on Thanksgiving Day.
B. Christmas. Mother and Father shall alternate custody of Marina on
Christmas as follows: The Christmas holiday will be divided into two time
periods each year. Period "A" will be December 24th at noon until
December 25th at noon. Period "B" will be December 25th at noon until
December 26th at noon. In even numbered years, Mother will have
custody of Marina during Period B, and Father will have custody during
Period A. In odd numbered years, Mother will have custody of Marina
during Period A, and Father will have custody during Period B.
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C. Easter. Mother and Father shall alternate custody of Marina on Easter
Day. In odd numbered years, Father shall have custody of Marina on
Easter Day, in even numbered years Mother shall have custody of Marina
on Easter Day.
D. Mother shall have custody of Marina each Mother's Day and Father shall
have custody of Marina each Father's Day.
E. Mother and Father shall share all other holidays as they agree.
4. The parties agree that Cumberland County shall remain the home county
so long as the child spends 35% of her time in Cumberland County.
5. Neither party shall do anything that may estrange the child from the other
party, or injure the opinion ofthe child as to the other party, or may hamper the free and
natural development of the child's love or affection for the other party.
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.
BY THE COURT,
cc: Pe~sso, Esquire, Counsel for Father
./Cfeor~owells, certified legal intern
;r:etfHenning, Esquire, Family Law Clinic, Counsel for Mother
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MAR 0 6 2002
JESSICA J. LACA VA,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
: 2001-6650 CIVIL TERM
JON M. FOX,
Defendant
: CIVIL ACTION - LAW
: IN CUSTODY
PRIOR JUDGE: J. Wesley OIer, Jr., 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:
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
Marina Eve Fox
February 25, 2000 shared
2. A Conciliation Conference was held in this matter on March 6, 2002, with
the following individuals in attendance: Father's counsel, Peter J. Russo, Esquire and the
Mother, Jessica J. Lacava, with her counsel, Georgina Howells, certified legal intern, Teri
Henning, Esquire, Dickinson Family Law Clinic.
3. A prior Order of Court, dated November 27, 2002 was entered by the
Honorable 1. Wesley Oler, Jr. that provided the parties with shared legal custody, Mother
with primary physical custody of the child, and Father with every weekend from Friday
to Sunday. When Mother withheld weekend custody, Father filed an Emergency
Petition. Without having the Emergency Petition heard, the parties agreed to a shared
physical custody arrangement, two weeks on/two weeks off. The Emergency Petition
was then referred to Conciliation. Prior to the Conciliation Conference, the parties were
unable to reach agreement on the issue of continuing jurisdiction since Mother has moved
to Virginia.
4.
The parties agreed to the entry of an Order in the form as attached.
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Custody Conciliator
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