Loading...
HomeMy WebLinkAbout01-7192 FX ~ ~ < I,,~ , .~J>,,;" '_id-'i~,,' " BRINTON E. FOX PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA V. 01-7192 CIVIL ACTION LAW MELISSA A. FOX DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, January 08, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before JacqueUne M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, January 30, 2002 at 2:30 PM for a Pre-Hearing; Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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 existiug Protection from Abnse orders, Special Relief orders, and Custody orders to the conciliator 48 honrs prior to schednled hearing. FOR THE COURT, By: Isl Jacqueline M. Verney. Esq. ~lI\ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ;i~1:,...,..~;;';f;;'![J.ib~'tl:.-%);~jbililL'it61h\ :!~]':::;m,-/,"'J~Jl'''t\;'':l~''''e'~'''~'. ""',"'," ,',' ,'d,-; - " ~ ".? -~'" ".,-.- . ;,,'__ll , ,,'_, ,,~_!.O ',-_4',~\b~~-h~~,~$,MW!~~\,~,~"'Hi<1;<;~.!:t>J;\'<I'-l'li1<>;~..jfM;il\j~iliiW)litijMl~!'.._~,m " .~ c4~'l1_p ~ ~ ~ ~:e /?~~~ ~'.~~ ~Mp-~ \iiNVi\lASNN3d }"lr\JnO~) Ci~,1\lli~~3R~r~nJ S i :(; t'l!d 8 'l"~ .." _ ", 'j! ,lr,! I ..l \...v ;,.L;~fj ~~ ".~""~~,-N",~,,,,,,,,,,,,","_",_~_n "" ""'.~"~,, ,~, "~, ..~. "o~ ,,", ~'_,~I"M~~~'" _ '"' ^ _~"'._""" ('if~. I t'i'll>. I eCJ.3/ ,,~_. ~ ,,'c_ _ _'.'. SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS-AT-LAW 26 W. High Street Carlisle, PA " " , .. , , . "' ,'''''~-''.L- ,.1 , ':'-'~ , . ,"-", , , ,,-__.3 ~- '" '~l, BRINTON E. FOX, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiff V5. MELISSA A. FOX, NO. 01- 1(92" CIVIL TERM Defendant IN CUSTODY ORDER OF COURT AND now, this day of consideration of the attached Motion, It is hereby directed that the respective counsel appear before conciliator, at , on the day of , LUU1, at o'clock. 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. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. , 2001, upon parties and their , the For the Court, By: {;ustody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Office of the Court Administrator Courthouse, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County, Pennsylvania, 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. By the Court, Date: SAIDIS SHUFF, FLOWER & LINDSAY ATIORNEYS-AT-LAW 26 W. High Street Carlisle, P A ~ , " , , -~ k " ",}"I;,':;-, ~. , "; ~",:- . , . " BRINTON E. FOX, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiff vs. ; NO. 01- 7/9d-. CIVIL TERM MELISSA A. FOX, Defendant : IN CUSTODY COMPLAINT FOR PARTIAL CUSTODY 1. The Plaintiff is Brinton E. Fox, residing at 138 Pine Grove Road, Gardners, Cumberland County, Pennsylvania. 2. The Defendant is Melissa A. Fox, residing at 388 Oxford Road, Gardners, Cumberland County, Pennsylvania. 3. The Plaintiff seeks partial custody of the following children: Allyson Olivia Fox, born June 1, 1991; and Shane Brinton Fox, born March 16, 1993 who resides at 388 Oxford Road, Gardners, Cumberland County, Pennsylvania. Allyson was born prior to the parties' marriage and out of wedlock, but Shane was born in wedlock. The children are presently in the custody of mother who resides at 388 Oxford Road, Gardners, Cumberland County, Pennsylvania. During the past five years, the children have resided with the following persons and at the following addresses: NAME ADDRESS FROM/TO Brinton Fox and Melissa A. Fox birth to 10-29-01 138 Pine Grove Road Gardners, PA Melissa A. Fox Maternal grandparents 388 Oxford Road Gardners, PA 10-29-01 to present " J'r SAlOIS SHUFF, FLOWER I & LINDSAY ii ATIORNEYS-Kr-LAW !! 26 w. High Street Carlisle, P A --'-~;' The mother of the children is Melissa A Fox, currently residing at 388 Oxford Road, Gardners, Cumberland County, Pennsylvania. She is married. The father of the children is Brinton E. Fox, currently residing at 138 Pine Grove fli Ii Road, Gardners, Cumberland County, Pennsylvania. He is married. 4. The relationship of the Plaintiff to the children is that of Father. The Plaintiff currently resides alone. 5. The relationship of the Defendant to the children is that of Mother. The Defendant currently resides with the children and her parents. 6. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation concerning the custody of the children in this or another jurisdiction. 7. The Plaintiff has no information of a custody proceeding concerning the !i children pending in a court of the Commonwealth. II i! 8. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. il il 'I , :\ Ii SAIDIS SHUFF, FLOWER & LINDSAY ATIORNEYSIATlLAW 26 W. High Street Carlisle, P A ~~" "' ,,'--. ,.. >, .',",- ",',ii";'" ,-jo,__,;,.:,; -"'0' ~', ,,~ <" '-r.", ,,,;,,co-,j"_ -J' ~,',,, ,,-' lrJ'li . . 9. The best interest of the children will be served by granting the relief requested because: a) Plaintiff is a good and loving father. b) The children's best interest will best be served by an expanded relationship with his father. 10. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children has been named as parties to this action. WHEREFORE, the Plaintiff requests this Court to grant partial physical custody of the children to the Plaintiff. Respectfully submitted, SAlOIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By: uire SAlOIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 w. High Street Carlisle, P A M~L_ ,--- "~" ' t" , '. '., "__,, ^ J " , , ~ ,-,I ,,- +,_. VERI FICA TION , "', ,,, :-" '."~~'-~~'d-",,__ ~_~ " ,,"'--' i~~;J I, the undersigned, hereby verify that the statements made herein are true I ii and correct. 1[- I il II ,I " ii il' I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 9 4904, relating to unsworn falsification to authorities. 13~~. Brinton E. Fox Date: 1.7. ~ /,+ 0 I II c ~ ,;,X,!..i;kJ!?-Bri~~~~.-:o~~ij!':!.;j;~Jti;~i~tliB,_""~W,'""":ut{<,,,,j~(<f.'''~~fi'Wl'W,,,,~,:~-i,.'t..y.~-' .~~)jlmillll:illlJJllii[litM~ .7"\::) 1:1::,. ~ ~ - ~: 5J....:; 0 ~ - :>-.J ~ Cq -...0 "~, ,- C3:. ~ V. \j ~ (") f: s:: -00::: lJJn: Z'J:1 Zt" ,~S ~Q <;:-u Pr.' :Z :;! ~ ~ ;;; J ~ 1'> ~ ~ ~ i- t'. :> .~ -"", ~I ~IT 1 [!: :.J - J :L)!le l~m-~,~~,ll"",.,,, "=-",,L,;~,- ",-", J]L~,_,,~'_ri,llf~IT ,.,: ,-,~_ _,~,:, """,~,,,'-;,,,' ',,-"'_ ,\~,,,,,,,,",,,,;~ 'WW^'" - N'~ ,,'I') ,',,,",", ""_"-_<"_~"'"'" o ~ '..,.1 -q C> 1'1 n N -.l Hl ;TI :---:t c-. .... ~\.~~:~ ~:;,;.'(--) i::5cn -4 ~ -< -0 =r ~ => '0 J< I , ~ --", ~~~=, ~,~o;",,-,,",,",,;,-, . fEB 0 1 200Z ~jv BRINTON E. FOX, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2001-7192 CIVIL TERM MELISSA A. FOX, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this ~.. day of r~~ ' 2002, upon consideration of the attached Custody Conciliation Rep rt, it is ordered and directed as follows: I. The custody provisions of the PF A Order dated January II, 2002 and the stipulated custody provisions in the Mutual PFA Order (undated at the time of the writing of this Order), are hereby vacated. 2. The Father, Brinton E. Fox, and the Mother, Melissa A. Fox, shall have shared legal custody of Allyson Olivia Fox, born June 1, 1991 and Shane Brinton Fox, born March 16, 1993. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 3. The parties shall have shared physical custody of the children on the following schedule: A. Father shall have physical custody of the children January 30, 2002 to Friday, February 1,2002 after school when Mother shall pick up the children at school. B. Mother shall have physical custody ofthe children from after school on February 1, 2002 to Sunday, February 3, 2002 at 6:00 p.m. C. Thereafter the parties shall have physical custody of the children on a week on/week off basis. Father's week shall begin Sunday February 3, 2002 at 6:00 p.m. Thereafter the parents shall alternate physical custody of the children on a week on/week off basis with the exchange day and time being Sunday at 6:00 p.m. D. The parties shall split the Easter Sunday holiday such that the exchange time shall be at 2:00 p.m. 4. The exchange of physical custody shall take place with the "receiving parent" providing transportation so that the parties have no contact with each other. The parties shall remain in their vehicles at pick up, remain parked on the roadway or at the end of the driveway while the children walk to the parent's vehicle. +krki --,- -;.,;'J'~i<,ihIJ;j"'#;!\C"'~8i.eJ,1!J1ej"'ikI,;,:Y.fiJb"'"h,V"'k"''''''''':''-';_''~,~"S","il'd_h,!'~)1:' ,,' /~,,:;[j@o;,-,"i-_," ,;"_",-",'",;"vgim:.~,,,~M;t;1.ifa-~ii.~,'~~~~IMil.~''W _.LL,,,~... .... ""'''' " "1" ,rl'C'''II~:J v N\/\ /,,-,,,:J'~ ., jl I~.\ ~\!e[r('; I"; 1,.j'1.1JJ(~:^\(1'" ",'J~I ,.~'i .- ~ "'__"-';'~l ~) G I :'1 c.." ';:i:11 J I:ll , d_.J"". ,J"cJVJCI; ~,'''"'~~' ,_, ,,'<=_'- ''"""',,'~,,'l" ,,"i"*,.- ___" "",.'Y<"..n,"', "''''' "OW ,,,,""'c," ~_""",~__'_____"''i'',~,__~__=,"" _" ,"',.^' '"~~"~" " 11'-"""""__ > . ~ J L _.,t '"""^'~,,' < "~~ " -tti...~l"";j,.\"''''''''''), ., 5. While the children are in Mother's physical custody, she shall arrange to transport the children to and from schooL 6. The parties shall be entitled to nightly telephone contact with the children. 7. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions ohhis Order by mutual consent In the absence of mutual consent, the terms of this Order shall controL Another Conciliation Conference is scheduled for May 8, 2002 at 8;30 a.m. BY THE COURT, 4~ J. ~l Lindsay, Esquire, Counsel for Father ~ebecca Hughes, Esquire, Counsel for Mother " tr ~ 01../. o(),/?- ~5 , . """'-.d....."""L,;;,-"',~U,,'" < BRITON E. FOX, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : 2001-7192 CIVIL TERM MELISSA A. FOX, Defendant : CIVIL ACTION - LAW : 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Allyson Olivia Fox Shane Brinton Fox June 1, 1991 March 16, 1993 Mother Father 2. A Conciliation Conference was held in this matter on January 30, 2002, with the following individuals in attendance: The Father, Brinton E. Fox, with his counsel, Carol Lindsay, Esquire and the Mother, Melissa A. Fox, with her counsel, Douglas Miller, Esquire for Rebecca Hughes, Esquire. 3. A prior Order of Court, dated January 11,2002 was entered by the Honorable Kevin A. Hess, in a Temporary PF A that included physical custody of Shane to Father. The parties further signed a Stipulation at the conciliation conference that entered mutual PF A Orders and custody provisions. That Stipulation had not been entered as an Order of Court at the time of the conciliation conference. 4. The parties agreed to the entry of an Order in the form as attached. ;2. -(-O;;l.. Date Lfh,iC acq line M. Verney, Esquire Custody Conciliator f: ~" '-~~~~iMtLW:i,"" " BRINTON E. FOX PLAINTIFF IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 01-7192 CIVIL ACTION LAW MELISSA A. FOX DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, November 06, 2002 , 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 Connty Courthouse, Carlisle on Wednesday, December 04, 2002 at 2:30 PM for a Pre-Hearing Cttstody 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 TIIE COURT. By: Isl Jacqueline M. Verney, Esq. (/ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact ottr 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 TIllS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIlE 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 Lf ;~t;;i:iJ;u,!&"'2~!i:t!Jj!;'>iI_'i0"d~li,nf"ji:!),ii~""';J-jk,';"',~-"~-,,,~:,,, -,;,,, "'-,"",;;,.1'''' -d'-'-",I"":"'I',,'~MM!!_~_MlIl. :m'-~-___""""'""""'"""'~'___ '''',,:',~~'''-'-, " ~ ~~!l fr ~ p~ ~ ('c7- ?,J/ ~~ P 'P~'YtJJ ~tL, -ec7- '7.;/ ~,p ~ ~ ~? -rJ ("~ 1.// . ,~, C'''N3d 'v'IN\J/ \ ~i\?~~. \~':lj\ir;8 ""> "~rl ".;\-, 1'''' !)",,,::,:~_, 1 \ I I \1\ 'I;, ,_, ' ,1\JJ\l '", '" ~ .--'f.ll -J('\ ,,' (', _ I\;l~, G..., , '\ .r' 'j",':.j) .... t-,\"o() I ::0 -, .,'" U::C\\:l ;;!S' j/ L.- ~t'- - ~ "Jl L1IAf IUilA D. ~ ~J ~ "_r-<'~,,"<_ _~"~""_" ,_h~""",r-;-, _, ",,,""',_'_~,,. __~_ ,,"",,_~_=<< t,!~,~JgJL~,_)jJ~lJ~~~,L,:LLL,~,,,J.lt;:e_,Ji,Ji"_~_,""~:~J~!_;,,,AJK,,. _~ '~'" -", ".'c_:"- ,_"~,', :"""" r&"^,' - ",~~ ~~~'"'-"' " ,. ~, , ..:~,L""~,,- BRlNTON E. FOX, Plaintiff/Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLV ANlA vs. : No. 2001-7192 .MEIlSSA A. FOX, Defendant/Petitioner : CIVIL ACTION - LAW : CUSTODY ORDER OF COURT AND NOW, this day of ,2002, upon consideration of the attached Petition, it is hereby directed that the parties and their respective counsel appear before , the conciliator, on the day of , 2002, 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 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 the scheduled conference. FOR THE COURT: BY: Custody Conciliator 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. YOU SHOULD TAKE TillS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 de "'~-<'~~t;_, BRINTON E. FOX, Plaintift7Respondent : IN TIlE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 2001-7192 MELISSA A FOX, DefendantJPetitioner : CIVIL ACTION - LAW : CUSTODY PETITION TO MODIFY CUSTODY ORDER The DefendantJPetitioner, Melissa Fox, by and through her attorney, Jeanne B. Costopoulos, Esquire, avers the following in support of this Petition: 1. The Petitioner, Defendant above, is Melissa Fox, an adult individual who currently resides at 14 Larken Lane, Mt Holly Springs, Cumberland County, Pennsylvania 17065. 2. The Respondent, Defendant above, is Brinton E. Fox, an adult individual who currently resides at 138 Pine Grove Road, Gardners, Cumberland County, Pennsylvania 17324. 3. Plaintiff and Defendant are married. However, a divorce action is pending between the parties at Cumberland County Docket No. 02-3875. 4. The Petitioner seeks modification of an Order of Court dated February 5, 2002 regarding the following children: Allyson Fox, born June 1, 1991, and Shane Fox, born March 16, 1993. 5. The relationship of the Petitioner to the child is that of natural mother. The relationship of the Respondent to the child is that of natural father. " , '" ..'" Zk~'ii~:~ ;'", 6. Respondent previously filed a complaint at the above docket number and an agreed upon order of court was entered on FebIUa.Iy 5, 2002. This order is attached as Exhibit A. 7. Petitioner does not know of a person not a party to the proceedings who has physical custody of the children or claims to have physical custody or visitation rights with respect to the children. &. The best interests of the children and pennanent welfare of the children will be served by modifYing the FebIUaIy 5, 2002 Order of Court by granting primary physical custody of the children to Petitioner subject to periods of partial custody/visitation with Respondent, preferably on an alternating weekend basis. The reasons for Petitioner's request are as follows: (a) The children are unhappy under the current order. They feel they are living from a suitcase and have requested Petitioner to change their current situation. (b) The child Allyson has told Petitioner that Respondent has said that "[her mother] doesn't want her and that [he's] going to find a new mom for [them]." (c) Respondent recently violated the Protection from Abuse Order and as a result of spending a night in jail is now punishing Petitioner by not allowing her any contact with the children during his periods of partial custody. WHEREFORE, Petitioner respectfully requests this Honorable Court to modify its FebIUaIy 5,2002 Order as stated above. . ", ,- ~,., --';.,-: RESPECTFULLY SUBMITTED: Dated: t~1z!112- ~ JeJe B. Costopoulos, Esquire COSTOPOULOS & WELCH 1400 North Second Street Harrisburg, Pennsylvania 17102 PA Supreme Court ill No. 68735 Telephone: (717) 221-0900 Fax: (717) 221-0904 ATTORNEY FOR DEFENDANT/PETITIONER , <' ^, J' I ,_ ~, - ",I" , ' ~:: BRINTON E. FOX, Plaintiff/Respondent : IN THE COURT OF COMMON PlEAS : CUMBERLAND COUNTY, PENNSYLV ANlA vs. : No. 2001-7192 MELISSA A FOX, DefendantlPetitioner : CIVIL ACTION - LAW : CUSTODY VF.RWIC-A nON L Melissa Fox, Petitioner, hereby verify and state that the facts set forth in the foregoing Petition are true and correct to the best of my knowledge, information, and belief. I am aware that false statements herein are made subject to the penalties of 18 PaC.S. ~904 relating to unsworn falsification to authorities. BY: rY'id \~~ f(\jL Melissa Fox Dated: ~ ,-<,I. , :i;!' '''''';' ,,~'''' &' BRINTON E. FOX, Plaintift7Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 2001-7192 MELISSA A FOX, DefendantJPetitioner : CIVIL ACTION - LAW : CUSTODY CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, hereby certifY that this day I served a copy of the foregoing docwnent upon the persons, and in the manner, indicated below, which service satisfies the requirements of the P A Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Hanisburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Carol J. Lindsay, Esquire 26 West High Street Carlisle, PA 17013 BY: ? JearlD.eB. Costopoulos, ~ ATTORNEY FOR DEFENDANTIPETITlONER 1400 N. Second Street Harrisburg, PA 17102 (717) 221-0900 Supreme Ct ill No. 68735 DATED: it) / 21/rJ.1 . , " EXHIBIT A C-'",-,' " I'-:\'_~:!k o' 'i% .-" L ~ - .,~' " ,- -"''''--'-~"'<~"~';''',; OCT-2!-2002 11:50AM FROM-IRWIN, tlCKNI.GHT a HUGHES LAW OFFiCES . +7172496354 T-tSS P.OOI/003 F-722 . -- " ... "UU[ r BRINTON E. FOX, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : V. : NO.2001-7191 CML TERM : CML ACTION - LAW : IN CUSTODY MELISSA A. FOX, Defendant ANDNOW,this51-~ day of ,2002, upon consideration of the attached Custody Conciliation Report, i is ordered and directed as follows: 1. The custody provisions or the PFA Order dated January 11,2002 and the stipulated custody provisions in the Mutual PF A Order (undated at the time of the writing of this Order), lite hereby vacated. 2. The. Father, Brinton E. Fox, and the Mother, Melissa A. Fox, shall have shared legal custody of Allyson Olivia Fox, bom June 1, 1991 and ShaIle Brinton Fox, bom Marcb 16. 1993. Each parent shall bave an.equal right, to be exerc:isedjointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health. education and religion. 3. The parties shall have shared physiCal custody of the children on the following schedule: A. Father shall have physical custody of the children January 30, 2002 to Friday, February 1,2002 after school when Mother shall pick up the children at school. B. Mother shall have physical custody of the children from after school on February I, 2002 to Sunday, F~bruary 3, 2002 at 6:00p.m. C. Thereafter the parties shall have physical custody of the children on a week on/week off basis. Father's week shall begin Sunday February 3, 2002 at 6:00 p.m. Thereafter the parents shall alternate pbysical custody of the children on a week on/week offbBsis with the exchange day and time being Sunday at 6:00 p.m. D. The parties shall split the Easter Sunday holiday such that the exchange time shall be at 2:00 p.D!. . .4. The ex~ge of physical custody shall take place with the "receiving parent" providing transpOrtation so that the parties have 110 contact with each other. The parties shall remain In their vehicles at pick up, remain parked on the roadway Of at the end of the driveway while the children walk to the parent's.vehicle. . "~; -,-' -1! . ~~.tt- OCT-2!-200! 11:50AM FROM-IRWIN, ~KNI.GHT & HUGHES LAW OFF'ICES +T172496354 T-686 P.002/003 F-T!! 5. While the children are in Mother's physical custody, she shall arranse to transport the children to and ftom school. 6. The parties shall be entitled to nigbdy telephone contact with the children. 7. 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 May 8, 2002 at 8:30 a.m. J. 00; Carol Lindsay, Esquire, Counsel for Father Rebecca Hughes, Esquire, Counsel for Mother . .,~"" .. -.- . -. . ". ...."...,-.. ~~ 'I .' ,iri/j- - '--ii.i~-"""'';''tl;'-~. OCT-22-2002 11:51AM FROM-IRW~N, MCKNI~HT & HUGHES LAW OFFicES .' +1112496154 T-ISS P.ODl/OOS F-122 BRITON E. FOX, Plaintift' : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA V. . . : 2001-7192 CIVIL TERM MELISSA A. FOX, Defendant : CIVIL ACI'ION . LAW : IN CUSTODY PRIOR JUDGE: Kevin A. Hess, J. CUSTODY CONCILIATIO~ S~Y REPOJ3.I IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following ~n: . 1. The pertinent informa1io~ concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Allyson Olivia Fox Shane Brinton Fox' June I, 1991 Mother March 16. 1993 Father 2. A ConciliationConfenmce was held in this matter on January 30, 2002, with the following indlvidualsin attendance: The Father, Brinton E. Fox, with his couilsel, Carol Lindsay, Esquire and the Mother, Melissa A. Fox, with her counsel, Douglas Miller, Esquire for Rebecca Hughes, Esquire. 3. A prior oi-der of Court, elated January II, 2002 was entered by the Honorable Kevin A. Hils, in a Temporary PFA that included physical custody of Shane to Father. The parties f\lrther signed a Stipulation at ~ conciliation conferenoe that entered mutual PF A Orders and custody provisions. That Stipulation bad not been entered as an Order ofeourt at the 1iIne of the conciliation conference. 4. The parties agreed to the entry of an Order in the form as attached. p..-i -0;;" Date ~~.J~~'~, aoq line M. Verney, Esquire Custody Conciliator ."1; H,,~:oJi;~L'~~i)1,"&j\,_~"lW,,"i__....l.l.;;(;'!Il$~~ 11 ,~~U.LI.:~I!!!I!U [l!II!J..IilL,J.m.J.M.,.. MJtt..,L,....." .....,,_~.........~,~...._....~...., ""~'~"..' ,....... ~}f.~ :\:t- if- 0 S W .c::: ~fd ~ ~ (') c <'" ~ufil (TIfT! Z':J~i ~i~; ""'C' ~: --' Z:CJ ;p;o C ~; -~ , ,,7,""_ ~f' ,",'" ,', ~","",_,,.,?-"""",'P<'H,,'~~''rl_ "~,, ~_=-. ,,"~ ,>>,~""""'_~ """'"., _ . C) h,; :::> ", -.... t..f) " ::.J (,..) t:) 5:2 Xl -< .. ~, . ~--'-, J', '-I" ~,~, "~~' _-~_"-,,,"'_'~,",..;~.._\"n'~',,_H_" ,__1 ,- 'l~:'i " DEe 0 5 2002 t BRINTON E. FOX, Plaintiff/Respondent V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW MELISSA A. FOX, DefendantlPetitioner : NO. 2001-7192 CIVIL TERM : IN CUSTODY ORDER OF COURT AND NOW, this S-. day of '])~ ,2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I. A Hearing is scheduled in Court Room No. '-/ , of the Cumberland County Court House, on the ;;J./.c-t. day of 'tn., /I -<' JL. , 2003, at 1;.3 0 o'clock,..f-. M., at which time testimony will be taken. For purposes of this Hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing, a summary of the anticipated testimony of each witness and any new theories of the case. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. This Order supercedes the custody provisions contained in the Exhibit attached to the Order of Court dated November 12, 2002. Pending further Order of Court or agreement of the parties, the Order of Court dated February 5, 2002 is reaffirmed except as modified by the Order of November 12, 2002, with the following additional modification: 3. The children shall initiate a telephone call to the non-custodial parent at 6:00 p.m. every day. In the event that they will not be available to call at 6:00 p.m., they shall call earlier to advise the non-custodial parent that they will be unable to call at the designated time. If they do not speak to the non-custodial parent they shall leave a message and attempt to call again at a later time. 4, The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. ';;; -', - """-"--' ~_~~,,,,~;l;'-;"""'hdiRiliili~l!i&:!MIi.! ; '-,: ~nii__~~-r"""--~l ' '",,-~~~~WQ~~iilli-,,"-~j"'~I.!L:ii!IWi~ . _~_~ri"~.~ VINViY1\SNN3d ALNnO::! rlt\hlH~?gi/\JnO ""(1 -h OV", ),ti\fl c.:!t,\r:~:~_ r.lr! .,- 6- J3U 2:0 , ',-,,\_~ ,~o ._..,~',~,,~ ,,-~,,~,I", M-<.e-_.""",,,,__,~.,_~ ~,~. ~- . -,-~, ~,,~~"' ~~ , ^"""","__""_"'~"",,'~ ,"'_"",,<i''','',' ""-'t',"" ' " . -- .. -,- , {',~ ,:,,' 'I '""" ,">'_"'- ~_' _"'- ,,';c ,. BY THE COURT, ccv.reanne B. Costopoulos, Esquire, counselor Mother ..",caroll Lindsay, Esquire, counsel for Father /lL J. 7~~~ -fY/ R~s J ~ - q -0 d.- ,~'(" ., ... ~ < " ,..-',', -, ,~' ~ I '<c'_ 'I,,"", . , -. , ,-', ';'- ,- -,," , , ] .' ~'f.1 , BRINTON E. FOX, Plaintiff/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CNIL ACTION - LAW MELISSA A. FOX, Defendant : NO. 2001-7192 CIVIL TERM : 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF AlIyson Fox Shane Fox June 1, 1991 March 16, 1993 shared shared 2. A Conciliation Conference was held December 4, 2002 with the following individuals in attendance: The Mother, Melissa A. Fox, with her counsel, Jeanne B. Costopoulos, Esquire, and the Father, Brinton E. Fox, with his counsel, Carol!. Lindsay, Esquire. I' 3. The Court previously entered Orders on February 5, 200L,i.lnd November 12,2002, providing for shared legal and physical custody of the childre~. 4. Mother's position on custody is as follows: Mother seeks shared legal and primary physical custody with Father having alternating weekends. She maintains that the children oppose the week on/week off arrangement, wishing to not live out of a suitcase, that the children want a permanent home. 5. Father's position on custody is as follows: Father believes that the shared arrangement has worked well since February, 2002. That there is not reason to change it now. -;,;; ^ '~ ,- ',',-10 ,1 -- "'", __,A, '-.'~'-" . d,C;"-'c"'';-",^,~, ""_"0,"",-1-:.,-" - "ib , 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing continuing the present Orders with a modification allowing for daily telephone contact. It is expected that the Hearing will require one half day. ( ,;;.. - 5--0 ?- Date ~~.u~ cqu ine M. Verney, EsqUIre Custody Conciliator .', " "f I < ~, ~o'",.; ,,'1'..-'"""'" ~ - .. , - BRINTON E. FOX, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA vs. : No. 2001-7192 MELISSA A. FOX, Defendant : CIVIL ACTION - LAW : CUSTODY PRAECIPE TO WITHDRAW PETITION TO THE PROmONOTARY: Please mark the Petition for Modification filed on October 31, 2002 by Defendant, Melissa A. Fox, withdrawn and settled and cancel the Hearing currently scheduled to take place before the Honorable Kevin A. Hess on March 21, 2003 at 1 :30 p.m. per Order of Court dated December 5, 2002. RESPECTFULLY SUBMITTED: Dated: Z-/2-/ / rJ :5 ~- ~ Jeanne B. Costopoulos, Esquire ATTORNEY FOR DEFENDANT 5000 Ritter Road, Suite 202 Mechanicsburg, P A 17055 Phone: (717) 790-9546 Supreme Ct ill No. 68735 - '~ ~-.' , illi, ~ .J - ., ~-:~' 'Jl~!a'j~!~: ''';, ot, "" BRINTON E. FOX, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA vs. : No. 2001-7192 MELISSA A. FOX, Defendant : CIVIL ACTION - LAW : CUSTODY CERTIFICAlE OF SERVICE I, Jeanne B. Costopoulos, Esquire, hereby certifY that this day I served a copy of the foregoing document upon the persons, and in the manner, indicated below, which service satisfies the requirements of the P A Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Harrisburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Carol J. Lindsay, Esquire 26 West High Street Carlisle, PA 17013 BY: ~ ~ Jeanne B. Costopoulos, Esquire ATTORNEY FOR DEFENDANT 5000 Ritter Road, Suite 202 Mechanicsburg, P A 17055 Phone: (717) 790-9546 Supreme Ct. ill No. 68735 Dated: 2-(2/1 J3 i~W~~l~~\j;~}1jI!:;;~1b~~1,;~j,6.t;"W,;;I,,;,-;d',~liJll~ill!lllt1t-~tdJ![';] ~~ j - iiILI!U.",~.,...,H~T. .,.",...~IU,l!llJt_.lt!I)J:;Ln,,\ ""';'~J ..,.", ...."'~"...w",l",",.," '.,,'.M'. '" ,~~"~ ~ ~-"~'.'b~!r-Ui.ili ,. o ajl~; ~_. (;~ i~~ .... ~"" '-1 -' '. .r.:- f-j' '1 f'l .:0 1"\,) ;;g ::0 G "h -d'_ C) ~~ 'D "< '" < ~;",,"h""_ _"",,_07,~""__"~' ,'''^'<^,~,''' "<~,_,"",,, _"" ~,,_,"_ <~,e""",<_,,^~~" , ,"~,' ~."'~~~,. w SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS'AT-LAW 26 w. High Street Carlisle, PA ,,. -,,-. '-",~ '-""'. ,-",,~,-~>, , ",-_,"_, ,~,_- ~.. ,-L,~ I, i ,,' -~' "...";'-"',';',.~--, ",., ,,;.;-- ,,;,j,o'''''''';;-'_:';;':'!ll'w-'j " c MATTHEW MARTENAS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION. LAW : NO. 11. 7191 CIVIL TERM vs. NICOLE MARTENAS, Defendant : IN CUSTODY ORDER OF COURT AND NOW this 11~ ,2002, 9.-.... day of upon consideration of the within Stipulation of the Parties, the terms of the Stipulation are hereby made an Order of Court. By the Court, ~~-/]d / J. t~ 1'l~ lo-IQ-02 ~ to: ,Gltttt. 41~\e. :.30..; 1:l\s, .3huFF F low:eR ~ litJJsy " .M~' f'~~<"'~Iil:~"_~llrf.ii!l!f.u_~~~~ll~~'rl~mill.~~<<ifj]~l*itr--r ~'--"=' "'j - \l'li'I'\IIilASNN3d AlNnOO Gr\P(flH::SWno i I : ~ hid f i 1"ji'lf' -'n f 11 I tt )1 "f[('."" " . \,0. . il',!, .'c-"[ " "" .- '~jDL;,:~8"~rJJ";i"~ ,-~~,. " ". ' 'or,' _._, or,. "",,_..__,__~,, ". . "M"n.'.." _"..,.. "",,or or_ .........=w M,', ",,,- ",...J!...".""".lL J~UL.LUIUml11.1J.JI:t.1 . 6 ~ .,,, ),. SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEVS-AT-LAW 26 W. High Str..t Carlisle, P A '"",.."",. 1,-.', (, -0 ,~....,,-. '- '--_~'"":,,;__,, ",;,~,;",~"" ,-,., '", MATTHEW MARTENAS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION. LAW : NO. Q1 . 7191 CIVIL TERM VS. NICOLE MARTENAS, Defendant : IN CUSTODY STlPULA TION OF THE PARTIES THIS AGREEMENT is made this ;;{ <is" day of ,2002, by and between MATTHEW MARTENAS, of 1401 Ritner Highway, Shippensburg, Cumberland County, Pennsylvania 17257 and NICOLE MARTENAS, of 13655 Dream Highway, Newburg, Cumberland County, Pennsylvania 17240. The parties hereto stipulate as follows: 1. They are the parents of two children: GABRIELLE MARTENAS, born June 27,1994, and TRAVIS MARTENAS, born October 15,1997. 2 The parties shall share legal custody of the children. 3. The parties will share physical custody of the children on a "week on/week off" basis so that the children reside with Matthew Martenas one week, and the following week with Nicole Martenas. The parties will exchange custody of the children on Fridays at 6:00 p.m. the parent whose week is ending shall transport the children to the parent whose week is beginning. 4. The children will continue to attend school in Matthew Martenas' school district, and to that end, Nicole Martenas, during her periods of custody of the children, will deliver Gabrielle, and, when he is in kindergarten, Travis, to Matthew Martenas' home from which they will take the school bus. After school, Gabrielle, and later Travis, will return to Matthew Martenas' house where Nicole Martenas will pick them up SAlOIS SHUFF, FLOWER & LINDSAY AlTO~YS.AT.LAW 26 w. Uigh Stret!t Carlisle. PA '-""-' "" ~",~-"o c ..-;c,''''.~'"","-4 c',-."-'h'm'>, ,'" '--'L~! after work. Until such time as he attends school, however, Travis, during Nicole Martenas' periods of custody, shall be cared for by a babysitter chosen by Nicole Martenas. 5. In the event that one party cannot provide care for the children for a period of two hours or more, he or she will provide to the other party the first right to care for the children before a third party is used for that purpose. 6. Nicole Martenas will provide to Matthew Martenas the name and address of the babysitter who will be watching Travis while she works. The parties agree that the children will no longer be cared for while Nicole Martenas works by the Witter family. 7. The parties will alternate holidays so that in 2002 and even numbered years thereafter, Matthew Martenas will have custody of the children on New Year's Day, Memorial Day, and Labor Day from 8:00 a.m. to 6:00 p.m., and in even numbered years, Nicole Martenas will have custody of the children on Easter, Fourth of July and Thanksgiving from 8:00 a.m. to 6:00 p.m. Matthew Martenas will have custody of the children from 8:00 a.m. to 6:00 p.m. in odd numbered years on Easter, Fourth of July and Thanksgiving, and Nicole Martenas will have custody of the children in odd numbered years from 8:00 a.m. to 6:00 p.m. on New Year's Day, Memorial Day, and Labor Day. 8. The parties will share custody of the children over the Christmas holiday by alternating blocks of time, block one being from Christmas Eve at 6:00 p.m. until noon on Christmas Day, and block two being from noon on Christmas Day till 6:00 p.m. on December 26. Nicole Martenas will exercise custody of the children during block one in odd numbered years, and Matthew Martenas will exercise custody of the II SAlOIS SHUFF, FLOWER & LINDSAY AITORNEYS.AT.LAW 26 W. High Street Carlisle. P A children in block one in even numbered years. Matthew Martenas will have block two custodial time in odd numbered years, and Nicole Martenas will have custody during block two in even numbered years. 9. The parties will take their vacation periods with the children during his or her alternating weeks of custody. 10. The parties agree that neither will criticize the other nor make disparaging remarks about the other in the presence of the children. 11. The parties agree to share any and all communications from school with the other immediately upon receipt and to communicate all concerns with respect to the children with the other as soon as possible. 12. The parties agree that the terms of this Stipulation of the Parties shall be entered as an Order of Court. WITNESS: ~~ Date: fi(~ S - 0 ;.... ~,.~ Nicole Martenas Date: 5 -d g -Or!;{ II ;~: -;,ft&~~t'.c'i*.tl"~~i,m&l!jj&l:litt~i:ii!;~~~!MiM''';~m~<'I,_;t:.~,:>,>>E~i~':' ' ~ ~ji '"''" '-'- es- fi?~L ,: '1 ~.iiIil!Ij "ilj1;q,,",b~ g i;t ~.~ Z:i] ZC ~~. <. -I"';:r r- 1'7 "i!j; - Z(;) --.( ) ::J>(= '7 =i .< ""'" o N c.;.. c:: Z 1 -J 0__. -nPf:.";:':: .....t:~ ::f" "- !11~ {--':" ......m -.'.'0 ;0') 1 ::::,0 ~:C=H '~:i (~ om --i 55 -:< 1:) :); N I,:::} ():) ". ~ ,,,' ~"""''' ~_ ~ __ ,,~, ,~ _ 0" ~ . " ,",-",,,,",,,-,, <-'k ~',"".~, ~ ~,,~ ~o "'-""'-',""""-'0"'" "'._",, <="" ',' j ,".._.,.~JIU!..J;.L. ...__J!lJIILHW.l!UIlILIJJ ! .!lIUII 111 I.LLiLL, .. .