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HomeMy WebLinkAbout99-00108 (2) `\ ?Y ;? i I ., ?.?. ', ,. ,. ,` ' , F 1 ? + l ?i _. '?+ ? ? ?.. i. Iii i J i ' ? I-! JOSEPH A. FINKEY, IN 'rm COURT OF COMMON PLEAS OF Plaintiff' CUMBERLAND COLINTY, PENNSYLVANIA CIVIL AC'T'ION - LAW V. CIJSTODYNISIT'ATION MELISSA S. FINKEY, Defendant NO, "( t )(D9 C LA ? Te (rn ORDER OF COURT AND NOW, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before the conciliator, at )(I Q P (:U_\ 1%dU .. r a on the . Vo day of j(.ct(j 1991, at T 0-a- o'clock,cA.m., fur 1 c-l ]caring Custody Conference. At sudh 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. FOR TI It" COURT: 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 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. CLJMBF.RLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 JOSEPH A. FINKEY, Plaintiff V. MELISSA S. FINKEY, Defendant NO. C? 1 u? COMPLAINT FOR CUSTODY 1. The Plaintiff is JOSEPH A. FINKEY, residing at 13 South Hanover Street, #501, Carlisle, Cumberland County, Pennsylvania, 17013, 2. The Defendant is MELISSA S. FINKEY, residing at 154B West Penn Street, Carlisle, Cumberland County, Pennsylvania, 17013. IN THE COURT OF COMMON PLEAS OF CUMBFRLANU COUNTY, !TNNSYLVANIA CIVIL ACTION - LAW 3. Plaintiff seeks custody of the following children: Name Present Residence An CHEYENNE N. FINKEY 154B West Penn St. Carlisle, PA 17013 SENECA R. FINKEY 154E West Penn St. Carlisle, PA 17013 Cheyenne N, Finkey was horn out of wedlock. Seneca R. Finkey was not born out of wedlock. The children are presently in the custody of Melissa S. Finkey who resides at 154B West Penn St., Carlisle, Cumberland County, Pennsylvania. 10/3/96 2yr. 3 mths. 8/22/98 Oyrs.4mths, During the past five years, the children have resided with the following persons and at the fallowing addresses: Persons d r o. s Dato Plaintiff, Defendant, Cheyenne, 3 South High Street, Oct, 3, 1996- Plaintiff's parents, Mary & Ncwville, PA 17241 August of Donald Finkey and Plaintiffs 1997 brother, John Finkey Plaintiff, Defendant, Cheyenne & 2 Fast Main Street Aug, of 1997. Plaintiff's cousin, Glen Sphar Newville, PA 17241 March of I"ll Plaintiff, Defendant, Cheyenne, 3 South High Street March of 1998 Plaintiffs parents, Mary and Newville, PA 17241 to Sept. 18, Donald Finkey and Plaintifl's 1998 brother, John Finkey(and Seneca after Aug, 22, 1998) Plaintiff, Defendant, Cheyenne & 13 S, Hanover Street, #518 Sept. 18, 1998 Seneca Carlisle, PA 17013 to Oct. of 1998 Plaintiff, Cheyenne, Seneca, 13 S, Hanover Street, 4501 Oct. of 1998 Plaintiffs parents, Mary and Carlisle, PA 17013 To 11/27/98 Donald Finkey and Plaintiffs brother, John Finkey Defendant, Cheyenne, Seneca 136 West North St, Nov, 27, 1998 Penny (last name unknown) Carlisle, Pa 17013 to early Jan„ 1999 Denny (last name unknown) Adam Myers; and John (last Name unknown) Defendant, Cheyenne, Seneca, 154B West Penn St. Early Jan., 1999 to Adam Myers, Dawn Savage, Carlisle, PA 17013 present and Timothy Savage The mother of the children is Melissa S. Finkey currently residing at 154B West Penn St., Carlisle, Cumberland County, Pennsylvania. She is married to Plaintiff, The father of the children is Joseph A. Finkey currently residing at 13 South Hanover Street, #501, Carlisle, Cumberland County, Pennsylvania. lie is married to Defendant. 4, The relationship of the P laintiff to the children is that of Father. The Plaintiff currently resides with the following persons; Name Relationship Donald Finkey Father Mary Finkey Mother John'Finkcy Brother 5. The relationship of the Defendant to the children is that of Mother, The Defendant currently resides with the following persons: Name Dawn Savage Timothy Savage Adam Myers Cheyenne and Seneca Relationship None None None The parties' children 6a. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court, 6b. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 6c. 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, 7. The best interest and permanent welfare of the children will be served by granting the relief requested for the following reasons: a. Plaintiff has undertaken and performed the primary parental responsibilities for (each of) the children; and b. Plaintiff is best able to provide the care and nurture which the children need for healthy development; c. A Court ordered determination of custody is required to avoid continuing conflict between the parties regarding parental responsibility for custody and support. d. Defendant on several occasions in the past moved from the marital residence, leaving the children in the custody of Plaintiff for lengthy periods each time. e. Defendant has a history of erratic behavior and is more concerned with her own welfare than that of the children. f Defendant has refused to grant Plaintiff any significant amounts of partial custody with his children since she took the children with her on November 27, 1998. 8. Each parent whose, parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. All other persons named below who are known to have or claim to have a right to custody or visitation of the children given notice of the pendency of this action and the right to intervene: None WHEREFORE, Plaintiff requests the Court to grant custody of the children to the Plaintiff subject to structured pmlial custody to the Defendant. Respectfully submitted, VStephen B, Lipson, Esq, Attorney for Plaintiff, Joseph A, Finkcy 501 S. Hanover Street Carlisle, PA 17013 (717) 249-3929 COMMONWEALTH OF PENNSYLVANIA) : SS. COUNTY OF C.. , ('r, 1, I i 1 verify that the statements made in the foregoing Complaint are true and correct, I understand that false statements herein arc made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities, DATE: I ?- Jy ph, . Finkcy, Plaintiff' (. Sheriff's Return- Regular CASE NO: 1999-00108 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FINKEY JOSEPH A VS. FINKEY MELISSA S CPL, MICHAEL BARRICK Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within ORDER OF COURT, COMPLAINT was served upon FINKEY MELISSA S the defendant, at ___ 10:10_ HOURS, on the 27th day of Januarv 1999 at 96 PRINCESS BOULEVARD ___ KECHANj RG PA_17055 AJ CUMBERLAND County, Pennsylvania, by handing to MELISSA A. FINKEY a true and attested copy of the ORDER OF COURT, COMPLAINT together with FOR CUSTODY and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So answers• 18.00 / j j? 6.82 . 00 8.00 FF omae" W37.-IIT-STEPHEN B. LIPSON 01/28/1999 A by /?. Sworn and oubscribed-to before me this _.,1rr day of Q, 19__ i A. D? ProtT ono .ar•^' y " ne, i o CCCSSS j i 4 04 m 1 t?j FED 2 ? 1U99, r J08EPH A. FINKEY, _ Plaintiff va. MELISSA S. FINKEy, , Defendant IN THE COURT OF CoPMpN PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-108 CIVIL TERM CIVIC, ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this 2 r ` day of (LA w 1999, upon consideration of the attached Custody , and directed as follows: Conc at o Report, t is ordered The shall l have shared rlegalecustody i ofeyCh any Cheyenne h N MoFinkey,born Melissa October e3, 1996, and Seneca R. Finkey, born August 22, 1998. 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. 2. The Father shall have primary physical custody of Cheyenne N. Finkey and the Mother shall have primacy physical custody of Seneca R. Finkey. 3. The parties shall alternate having custody of both Children on weekends from Saturday at 10:00 a.m. through Monday at 10:00 a.m., beginning with the Mother having custody of both Children on Saturday, February 20, 1999. The parties shall cooperate to make adjustments to accommodate the Father's work schedule as necessary. Each party nay have additional periods of custody with both Children as arranged by mutual agreement of the parties. 4. The parties shall equally share having custody of the Children over the following holidays with the specific times and dates to be scheduled by agreement of the parties: Christmas, New Years, Easter, Thanksgiving, and July 4th. 5. In the event either party is unavailable to provide care for the Children during his or her periods of custody for a period longer than two hours, that party shall first contact a relative to provide care for the Children. If no relatives are available, that party shall contact the other parent to offer the opportunity to provide care. Neither party shall arrange for unrelated persons to provide care for the Children without the advance approval of the other parent. 6. Neither party shall permit any unrelated persons to discipline the flllf??1 ri?li'C Children during that party's period of custody. 7. Neither party shall leave the Children in the unsupervised custody of Floyd Barrick, Glenn Spahr, or Adam Byro. 8. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent or hamper the free and natural development of the Children's love and respect for the other parent. Each party shall ensure that third parties having contact with the Children during his or her periods of custody shall also comply with this paragraph. 9. 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, i cc: Stephen B. Lipson, Esquire - Counsel for Father James K. Jones, Esquire - Counsel fo¢ Mother JOSEPH A. F'INKEY, Plaintiff Vs. MELISSA S. FINKEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-108 CIVIL TERM CIVIL ACTION - LAW CUSTODY CUSTODY O()NCILIATION SUMMARY RBpMT IN ACCORDANCE WITH CEPMEiLAND COUNTY RULE OF CIVIL PROCEmM 1915.3-8, the undersigned Custody Conciliator submits the following report: I. The pertinent information concerning the Children who are the subjects of this litigation is as follows: HAM DM1TE OF BIRPB CURRENTLY IN C Cheyenne N. Finkey October 3, 1996 Mother Seneca R. Finkey August 22, 1998 Mother 2. A Conciliation Conference was held on February 16, 1999, with the following individuals in attendance: The Father, Joseph A. Finkey, with his counsel, Stephen B. Lipson, Esquire, and the Mother, Melissa S. Finkey, with her counsel, James K. Jones, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date ?-i-"-F Dawn S. Sunday, Esau re Custody Conciliator JOSEPH FINKEY, IN T1 IF COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNrY, PENNSYLVANIA V. CIVIL Ac'rION-LAW DIVORCE MELISSA FINKEY, Defendant NO, 99-108CIVILTERM CERTIFICAT'F, OF SFRVICE 1, Sarah Rubright, Certified Legal Intern, Family Law Clinic, hereby certify that 1 served a tnie and correct copy of the Withdrawal and Entry of Appearance on the following person, by depositing a copy of the same in the United States mail, postage prepaid, on this the 31st day of January 2006, The attorney of record for Plaintiff, Stephen Lipson, indicated that he no longer represents Mr, Finkey and recommended that we serve Mr. Finkey directly, JOSEPII FINKEY, plaintiff 38 North Penn Street Shippensburg, PA 17257 _ -L,. r / 1OHF AINS TFIO AS M. PLACE LUCY JOHNSTON-WALSI-1 ANNE MACDONALD-FOX FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Sarah Rubright Certified Legal Intern a M 1..: ?' '' - --) Q I,LI ,. x.111. y JOSEPI I A. FINKEY, Plaintiff V. MELISSA S. FINKEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN'T'Y, PENNSYLVANIA CIVIL AC'T'ION-LAW :NO, 99-108 CIVILTERM WITHDRAWAL AND FN'1'RY OF APPFARANCF 'f0 THE PROTI IONo'fARY OF SAID COURT: PLEASE withdraw my appearance as attorney of record for the Petitioner, Ms. Melissa Oswalt (f rrmerly known as Melissa Failor and Melissa Finkey), at the above captioned docket. Respectfully-s ibmfitted Jam„e 1{. Jones, Es i 71 me Row Dated: Carlisle, PA 17013 PLEASE enter my appearance as attorney of record on behalf of the Petitioner, Melissa Oswalt (formerly known as Melissa Failor and Melissa Finkey), at the above captioned docket, Respectfully submitted by: Sarah L, Rubright Certified Legal Intern RORER NS 'fIJOMA M. PLACE LUCY JOIINSTON-WALSFI ANNE MACDONALD-FOX FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 JOSEPH A, FINKEY, Plaintiff V. MELISSA S. FINKEY, Defendant IN THE COURTOF COMMON PLEAS Or CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO. 99-108 CIVIL TFRM WITHDRAWAL AND ENTRY OF APPEARANCE TO THE. PROT'1IONOTARY OF SAID COURT: PLEASE, withdraw my appearance as attorney of record for the Petitioner, Ms, Melissa Oswalt (formerly known as Melissa Failor and Melissa Finkey), at the above captioned docket. RespectfuJJysNbmitted , , ,r Dated: Jamey.-IC, Jones, Ls 7 lKinc Row 0 Carlisle, PA 17013 PLEASE enter my appearance as attorney of record on behalf of the Petitioner, Melissa Oswalt (formerly known as Melissa Failor and Melissa Finkey), at the above captioned docket, Sarah L. Rubright Certified Legal Intern ROBER NS THOMA M, PLACE LUCY JOIINSTON-WALSI-1 ANNE MACDONALD-FOX FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 Respectfully submitted by: CS GL lfl /? /?. Y ?- 1?.fU -t? - _? ` GV Gf ? ?? C °t' ? '? . ? u,/[L M rq ? CaG? ? i _. ,y _ ° ._y ?` N U i_: , 0 RECEIVED FED 5 Joseph A, Finkey, ; IN TI IF COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL, ACTION - LAW IN C'IISTODY Melissa S. Finkey, Defendant NO, 99-105 CIVIL TERM PRAT:?CIPE T'O ATTACI I EXHIBITS TO THE PROTHONOTARY: Kindly attach Exhibit A to the Petition to Modify Custody Order filed February, 14, 2006. Respectfully submitted, ` Date a Ito] ab Sarah L, Rubright Certified Legal Intern ROBERT E. AINS THOMAS M, PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSI-I Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 ?7. C) -;: r, ko i LL i JOSEPH A. FINKEY, : IN THE COURT OF COf*m PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Va. NO. 99-108 CIVIL TERM MELISSA S. FINKEY, CIVIL ACTION - LAW Defendant CUSTODY ORDER OF COURT COPY AND NOW, this 2 day of r"A r,, , 1999, upon consideration of the attached Custody Con- 1 at o Report is ordered and directed as follows: 1. The Father, Joseph A. Finkey, and the Mother, Melissa S. Finkey, shall have shared legal custody of Cheyenne N. Finkey, born October 3, 1996, and Seneca R. Finkey, born August 22, 1998. 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. 2. The Father shall have primary physical custody of Cheyenne N. Finkey and the Mother shall have primary physical custody of Seneca R. Finkey. 3. The parties shall alternate having custody of both Children on weekends from Saturday at 10:00 a.m. through Monday at 10:00 a.m., beginning with the Mother having custody of both Children on Saturday, February 20, 1999. The parties shall cooperate to make adjustments to accommodate the Father's work schedule as necessary. Each party may have additional periods of custody with both Children as arranged by mutual agreement of the parties. 9. The parties shall equally share having custody of the Children over the following holidays with the specific times and dates to be scheduled by agreement of the parties: Christmas, New Years, Easter, Thanksgivings and July 9th. 5. In the event either party is unavailable to provide care for the Children during his or her periods of custody for a period longer than two hours, that party shall first contact a relative to provide care for the Children. If no relatives are available, that party shall contact the other parent to offer the opportunity to provide care. Neither party shall arrange for unrelated persons to provide care for the Children without the advance approval of the other parent. 6. Neither party shall permit any unrelated persons to discipline the Children during that party's period of custody. 7. Neither party shall leave the Children in the unsupervised custody of Floyd Barrick, Glenn Spahr, or Adam gyro. B. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent or hamper the free and natural development of the Children's love and respect for the other parent. Each party shall ensure that third parties having contact with the Children during his or her periods of custody shall also comply with this paragraph. 9. 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, J. cc: Stephen B. Lipson, Esquire - Counsel or Father _?rr aaPaee/??19Q• James K. Jones, Esquire - Counsel fo Mother r ?y!!.C''.., 41 JOSEPH A. FINKEY, Plaintiff Va. MELISSA S. FINKEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, P, SYLVANIA : NO. 99-108 CIVIL TERM i CIVIL ACTION - LAW : CUSTODY CU67MY'CONCILIATION SUMMARY REPORT WITH C?MHRLAND 1915.3-8, the undersigned :off Co to wit ,thevfolC lo XM wing report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: DAME MTE OP BIRTH Cheyenne N. Finkey October 3, 1996 Mother Seneca R. Finkey August 22, 1998 Mother 2. A Conciliation Conference was held on February 16, 1999, with the following individuals in attendance: .The Father, Joseph A. Finkey, with his counsel, Stephen B. Lipson, Esquire, and the Mother, Melissa S. Finkey, with her counsel, James K. Jones, Esquire. 3. The parties agreed to entry of an order in the form as attached. Date Dawn S. Sunday, Esquire '7 -- Custody Conciliator JOSFPII A. FINKI Y PLAINTIFF V. MELISSA S, I'INKEY IN "I`I-Ili COURT' OI' COMMON PLEAS OF ' CLIMHI;RI,ANI) C'O(IN'I'Y, 1'I'.NNSYLVANIA 1' 99-ION CIVIL ACTION LAW DFITNDANT IN CUSTODY I ORDER OF C )URT AND NOW, Tuesday, February 21, 2006 upon Coll sideradon of file attached Complaint, it is hereby directed that parties and their respective counsel appear helbre Dawn S. Sunday, Esq, 39 West Main Street, Mechanicsburg, P4 17055 on Tuesday, March 14, 2006 at 12:00 PM for it Pre-I lei ring Cuslo(ly ('onference, At such conference, an cflbrt will be ma(le to resolve the ISSneS in dispute; or if this cannot be accomplishe(I, to dcline and narrow the issues to be heard by the court, and to enter into it temporary order, All children age five or older may also he present el the conference. Failure to appear at the eonl'erence may provide grounds for entry of a temporary or permanent ordcr. 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 prlor In scheduled hearing, FOR 'I'i IF; COURT, fly: /s/ Damn S. Srindpy1 Evq. Custody Concllimor The Court of'Common Pleas of Cumberland County is required by law to comply with the Americans with Disahilites Act of 1490. For information shout accessible fitcllities and reasonable accommodations available to disabled indivi(fuals having husincss before the court, please contact our office. All arrangements must he mn(le a! least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKIi THIS PAPF'R'fU'YOUR A'I'TORNFY AT ONCE. IF YOU DO NOT HAVE AN A'f"l'ORNFY OR CANNO"I' AI I'OI<D ONE, (i(l'f0 Olt "I'FLITHONE'I'IIE OFFICE. SFT FORTH RI:LOW TO FIND OUT WI11'.RF: YOU CAN (i1:1' ITOA1, IIli T, Cumherlnnd Connly Rm Association 32 South Ilcdford Street Clirlisle, Pcnnsvlvanin 17013 Telephone (717) 2-!4-3166 , the conciliator, RECEIVED FEB 15 M Joseph A. Finkey, ; IN TI Ili COURT OF COMMON PLEAS OF Plaintiff ; CUMBERLAND COUNTY, I'FNNSYI,VANIA V, ; CIVIL ACTION - LAW IN CUSTODY Melissa S, Finkey, Defendant :NO. 99.108 CIVIL TERM ORDER OF C,oUR'f AND NOW, this clay of 2006, 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 , 2006, at m., for a Pre-Bearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or ifthis cannot be accomplished, to define and narrow thcy issues to he 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 TI I1 COURT: By: Custody Conciliator The Court of Common :'leas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. I'or 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 bel'ore the court. You must attend the scheduled conference or hearing. YOU SI IOULD TAKI: THIS PAI'I:R TO YOUR LAWYER AT ONCE. IF YOU DO NOT I IAVE, A LAWYER OR CANNOTAFFORD ONE, GO TO OR TELfa'HONE THE OFFICE SET FORTI I BELOW TO FIND OUT WHERF YOU CAN GET LEGAL IIELP. ('timberland County Bar Association 32 South Bedibrd Street Carlisle, PA 17013 . , Joseph A. Finkey, IN TIIt COURT OF COMMON PLEAS Or Plaintiff ; CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION • LAW IN CUSTODY Melissa S, F'inkey, Defendant : NO. 99-108 CIVIL TERM PETITION TO MODIFY CUSTODY ORDrR Melissa S, Oswalt, formerly Melissa S, rinkey, by her attorneys, the Family Law Clinic, respectfully represents the following in support of her petition. I . Defendant/Petitioner is Melissa S. Oswalt (hereinafter "Mother"), who resides at 7 West Green Street, Mechanicsburg, PA 17055. 2. Defendant/Petitioner married Lawrence F'ailor on December 22, 2002 and changed her name to Melissa tailor, She divorced Lawrence Failor on April 20, 2005. On October 12, 2005 a Praecipe to Retake Fortner Name was recorded in the Cumberland County Prothonotary's Office which changed Defendant/Petitioner's name to Melissa S, Oswalt. 3. Plaintifl7Respondent is Joseph A. Finkey (hereinafter "rather"), who resides at 101 Goodheart Road, Shippensburg, PA 17257. 4. Mother and Father are the natural parents of Cheyenne N, Finkey, born October 3, 1996, and Seneca R. rinkey, born August 22, 1998. 5. On February 25, 1999, an Order of Court was entered for custody of Cheyenne N. Finkey and Seneca R. Finkey, a true and correct copy of which is attached, as Exhibit A. 6. The current custody Order provides that Father has primary physical custody of Cheyenne and Mother has primary physical custody of Seneca. 7. This Order should be modified because: a. "rhe parties are no longer following the current order and Cheyenne is not currently living with Father. b. While Cheyenne was to he in the physical custody of Father, pursuant to the current Custody Order, Father sent Cheyenne to live with his mother, Mary Keebaugh (Cheyenne's paternal grandmother), and nine other people. One of these nine people that resides with Mary Keebaugh is Donald Keebaugh, a convicted sex offender. c. Father has maintained contact with children and has expressed a desire to have visitation with the children, but Mother believes that Father cannot maintain a safe and healthy residence Ibr the children at this time. d. Mother obtained custody of the child on December 25, 2005, as per the holiday schedule of the order. When her holiday visitation period ended, no family member came to retrieve custody of Cheyenne. Maternal Grandmother indicated Cheyenne should stay with Mother. Mother then enrolled child in Mechanicsburg School District, e. Both children are currently living with Mother and she is providing the children with a healthy and safe home environment. f Mother believes and therefore avers that it would be in the children's best interest to modify the current custody order so that she would have primary physical custody of both Cheyenne and Seneca with Father having periods of partial physical custody of both children every other weekend, assuming he has a safe residence for these custodial periods. WHE,REIFORF., Petitioner asks that the Court modify the existing Order for Custody and grant Mother primary physical custody because it will be in the best interest of the children; and Petitioner respectfully requests that the court change the caption from Joseph A. Finkey v. Melissa S. Finkey to Joseph A Finkey v. Melissa S. Oswalt. VERIFICATION I verify that the statements made in this petition are true and correct, I understand that false statements herein are subject to the penalties of 18 Pa, C.S. § 4904 relating to unswom falsification to authorities, Date; _? Nefissa S, Oswalt Joseph A, Finkey, IN THE COURTOF COMMON PLEAS OF Plaintiff ; CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY Melissa S, Finkey Defendant NO, 99-108 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Ms. Melissa S. Oswalt, formerly Melissa S. Finkey, Defendant, to proceed in forma pauperis. 'fhe Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party, Date /4 0k?^ Respectfully submitted, Sarah L. Rubright ?- Certified Legal Intern RORER E. INS 'THOMAS M. PLACE ANNE MACDONALD-FOX Lucy joi-fNs,rON-WAI,SH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243.2968 s? u aE JOSEPH A, FINKEY Plaintiff VS. MELISSA S, OSWALT formerly FINKEY Defendant I MAR 2 71006 I .) IN THE COURT OF Comm "L£A1?1F CUMBERLAND COUNTY, PENNSYLVANIA 99-108 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 7--_ day of _____ k?„g2eN 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated February 25, 1999 is vacated and replaced with this Order. 2. The Father, Joseph A, Finkey, and the Mother, Melissa S. Oswalt, shall have shared legal custody of Cheyenne, N. Finkey, born October 3, 1996, and Seneca R. Finkey, born August 22, 1998. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education, and religion, Pursuant to the terms of this paragraph, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. 3. Until such time as the Father relocates from his current residence with relatives to his separate housing, the Mother shall have primary physical custody of the Children and the Father shall have partial physical custody on adlemating weekends from Saturday at 12:00 noon through Sunday at 7:00 p.m. (when the Father is working the Friday night to Saturday morning shift) and from Friday at 4:00 p.m. through Sunday at 7:00 p.m, (when the Father is not working on the Friday night through Saturday rooming shift). In the event the Father has to work during any portion of his weekend period of custody, the Father shall contact the Mother in advance to offer the Mother the opportunity to provide care for the Children. In the event the Mother is also working on that weekend, then the parties agree to make arrangements for the Mother's grandmother to provide care for the Children. 4. At such time as the Father relocates and obtains separate housing, the parties shall share having physical custody of the Children during the school year (beginning in the 2006-2007 school year) on an alternating weekly basis, with the exchange to take place every Sunday at 4:00 p.m. During the Father's weeks of custody under this provision, the Father shall transport the Children to the Mother's residence before school each day to enable them to ride the school bus and the Father shall pick tip the Children after school each clay at the Mother's residence no later than 4:45 p.m. The school year alternating weekly schedule shall begin cacti year with the Mother having custody of the Children during the first week of school. In the event the Children are lardy or absent from school (which is documented as unexcused by the school) two or more times during the school year, the parties agree that the Mother shall thercaller assume primary physical custody of the Children to ensure future school attendance. 5, The parties shall share having custody of the Children during the summllor each year, with the Mother having custody during the first half of the summer school break and the Father having custody during the second half of the school break, with the specific exchange date to be arranged by agreement between the parties, 6. Tile parties shill share having custody of the Children on holidays as arranged by agrecment, The Father shall have custody of the Children on Easter in 2006 from 8:00 a.m. until 2:00 p,m, 7. The Father shall he responsible to provide 1111 transportation for exchanges of custody unless otherwise agreed between the parties. 8, Unless otherwise agreed between the, parties, the Children shall remain enrolled in the Mechanicsburg School District. 9. The Mother shall provide Seneca's social security number to the Father within ten days of the date of the custody conciliation conference. 10. Neither party shall permit unrelated third parties to discipline the Children. 11, Neither party shall leave the Children in the unsupervised custody of Glenn Spahr, Adam Byro, James Russell or Donald Keebaugh. 12. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 13. 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, cc: tks ih A rnh L. . Finkey, Father Rubright and\Lucy Johnston-Walsh, Esquire - Counsel for Mother ?n BY THE COURT, JOSEPH A. FINKEY Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MELISSA S. OSWALT, formerly FINKEY Defendant Prior Judge; Kevin A. Hess 99.108 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: follows: 1. The pertinent information concerning the Children who are the subjects of this litigation is as NAME. Cheyenne N. Finkey Seneca R. Finkey DATE OF BIRTH October 3, 1996 August 22, 1998 CURRENTLY IN CUSTODY OF Father Mother 2. A Custody Conciliation Conference was held on March 14, 2006, with the following individuals in attendance: The Mother, Melissa S, Oswalt, fomaerly Finkey, with her counsel, Sarah L. Rubright and Lticy Johnston Walsh, Esq., and the Father, Joseph A. Finkey, who is not represented by counsel in this matter. 3. The panics agreed to entry of an Order in the form as attached. L ? &Azlic .20 moo l_? Date ?? - - Dawn Sunday, Esquire Custody Conciliator Fil"ikey vs l i'n t?Ce y conyIa!n f - C usTodl All fi I "'q s for f, a ? - ly- ?2 ooh C,-C C A64 SCCnneA Joseph A. Finkey, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY Melissa S, Finkey, Defendant : NO. 99-108 CIVIL TERM PETITION TO MODIFY CUSTODY ORDER Melissa S. Oswalt, formerly Melissa S. Finkey, by her attorneys, the Family Law Clinic, respectfully represents the following in support of her petition. 1. Defendant/Petitioner is Melissa S. Oswalt (hereinafter "Mother"), who resides at 7 West Green Street, Mechanicsburg, PA 17055. 2. Defendant/Petitioner married Lawrence Failor on December 22, 2002 and changed her name to Melissa Failor. She divorced Lawrence Failor on April 20, 2005. On October 12, 2005 a Praecipe to Retake Former Name was recorded in the Cumberland County Prothonotary's Office which changed Defendant/Petitioner's name to Melissa S. Oswalt. 3. Plaintiff/Respondent is Joseph A. Finkey (hereinafter "Father"), who resides at 101 Goodheart Road, Shippensburg, PA 17257. 4. Mother and Father are the natural parents of Cheyenne N. Finkey, born October 3, 1996, and Seneca R. Finkey, born August 22, 1998. 5. On February 25, 1999, an Order of Court was entered for custody of Cheyenne N. Finkey and Seneca R. Finkey, a true and correct copy of which is attached, as Exhibit A. 6. The current custody Order provides that Father has primary physical custody of Cheyenne and Mother has primary physical custody of Seneca. 7. This Order should be modified because: a. The parties are no longer following the current order and Cheyenne is not currently living with Father. b. While Cheyenne was to be in the physical custody of Father, pursuant to the current Custody Order, Father sent Cheyenne to live with his mother, Mary Keebaugh (Cheyenne's paternal grandmother), and nine other people. One of these nine people that resides with Mary Keebaugh is Donald Keebaugh, a convicted sex offender. c. Father has maintained contact with children and has expressed a desire to have visitation with the children, but Mother believes that Father cannot maintain a safe and healthy residence for the children at this time. d. Mother obtained custody of the child on December 25, 2005, as per the holiday schedule of the order. When her holiday visitation period ended, no family member came to retrieve custody of Cheyenne. Maternal Grandmother indicated Cheyenne should stay with Mother. Mother then enrolled child in Mechanicsburg School District. e. Both children are currently living with Mother and she is providing the children with a healthy and safe home environment. f. Mother believes and therefore avers that it would be in the children's best interest to modify the current custody order so that she would have primary physical custody of both Cheyenne and Seneca with Father having periods of partial physical custody of both children every other weekend, assuming he has a safe residence for these custodial periods. WHEREFORE, Petitioner asks that the Court modify the existing Order for Custody and grant Mother primary physical custody because it will be in the best interest of the children; and Petitioner respectfully requests that the court change the caption from Joseph A. Finkey v. Melissa S. Finkey to Joseph A Finkey v. Melissa S. Oswalt. ?(v ?a/?tz h ? ? ?? Gp Date: a 14-IL Sarah L. Rubright Certified Legal Intern THOWSM. PLACE ROBERT E. RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities. Date: U Joseph A. Finkey, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY Melissa S. Finkey Defendant NO. 99-108 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Ms. Melissa S. Oswalt, formerly Melissa S. Finkey, Defendant, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Respectfully submitted, 141 ?a 1 Date 10 Sarah L. Rubright Certified Legal Intern ROBERYE. t?ArNs THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 .? _> ;-, -, ?; 'r, .? n Joseph A. Finkey, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY Melissa S. Finkey, Defendant NO. 99-108 CIVIL TERM PRAECIPE TO ATTACH EXHIBITS TO THE PROTHONOTARY: Kindly attach Exhibit A to the Petition to Modify Custody Order filed February, 14, 2006. Date a I b Ob Respectfully submitted, Sarah L. Rubright Certified Legal Intern ROBERT E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 i.. t EXHIBIT JOSEPH A. FINKEY, Plaintiff VS. MELISSA S. FINKEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-108 CIVIL TERM CIVIL ACTION - LAW CUSTODY ORDER OF COURT COPY AND NOW, this 2 day of , 1999, upon, consideration of the attached Custody Conciliatio Report, it is ordered and directed as follows: 1. The Father, Joseph A. Finkey, and the Mother, Melissa S. Finkey, shall have shared legal custody of Cheyenne N. Finkey, born October 3, 1996, and Seneca R. Finkey, born August 22, 1998. 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. 2. The Father shall have primary physical custody of Cheyenne N. Finkey and the Mother shall have primary physical custody of Seneca R. Finkey. 3. The parties shall alternate having custody of both Children on weekends from Saturday at 10:00 a.m. through Monday at 10:00 a.m., beginning with the mother having custody of both Children on Saturday, February 20, 1999. The parties shall cooperate to make adjustments to accommodate the Father's work schedule as necessary. Each party may have additional periods of custody with both Children as arranged by mutual agreement of the parties. 4. The parties shall equally share having custody of the Children over the following holidays with the specific times and dates to be scheduled by agreement of the parties: Christmas, New Years, Easter, Thanksgiving, and July 4th. 5. In the event either party is unavailable to provide care for the Children during his or her periods of custody for a period longer than two hours, that party shall first contact a relative to provide care for the Children. If no relatives are available, that party shall contact the other parent to offer the opportunity to provide care. Neither party shall arrange for unrelated persons to provide care for the Children without the advance approval of the other parent. 6. Neither party shall permit any unrelated persons to discipline the Children during that party's period of custody. 7. Neither party shall leave the Children in the unsupervised custody of Floyd Barrick, Glenn Spahr, or Adam Byro. 8. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the children as to the other parent or hamper the free and natural development of the Children's love and respect for the other parent. Each party shall ensure that third parties having contact with the Children during his or her periods of custody shall also comply with this paragraph. 9. 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: Stephen B. Lipson, Esquire - Counselor Father_ lTQzt? a/?? IF9 James K. Jones, Esquire - Counsel fo Mother /J JOSEPH A. FINKEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 99-108 CIVIL TERM MELISSA S. FINKEY, : CIVIL ACTION - LAW Defendant CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACOORDANCE WITH CUME JJM COUNTY RULE CF CUM PROCEDURE 1915.3-8; the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF B11M CLUUZE TLY IN CUSTODY OF Cheyenne N. Finkey October 3, 1996 Mother Seneca R. Finkey August 22, 1998 Mother 2. A Conciliation Conference was held on February 16, 1999, with the following individuals in attendance: The Father, Joseph A. Finkey, with his counsel, Stephen B. Lipson, Esquire, and the Mother, Melissa S. Finkey, with her counsel, James K. Jones, Esquire. 3. The parties agreed to entry of an order in the form as attached. f !?. !9 nt i Date ' Dawn S. Sunday, Esquire ?- Custody Conciliator JOSEPH A. FINKEY PLAINTIFF V. MELISSA S. FINKEY DEFENDANT IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA 99-108 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, _ Tuesday, February 21, 2006 _, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, March 14, 2006 at 12:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: lsl Dawn S. Sunday, E Custody Conciliator The Court of Common Pleas of Cwmberland County is required by law to comply with the Americans with Disabilitcs 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 LLf f /? w 'tL -,? i JOSEPH A. FINKEY Plaintiff vs. MELISSA S. OSWALT formerly FINKEY Defendant I IN THE COURT OF COMM0ISY'LZ A ff CUMBERLAND COUNTY, PENNSYLVANIA 99-108 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this _Z 7v day of N?,g/tN 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated February 25, 1999 is vacated and replaced with this Order. 2. The Father, Joseph A. Finkey, and the Mother, Melissa S. Oswalt, shall have shared legal custody of Cheyenne N. Finkey, born October 3, 1996, and Seneca R. Finkey, born August 22, 1998. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education, and religion. Pursuant to the terms of this paragraph, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. Until such time as the Father relocates from his current residence with relatives to his separate housing, the Mother shall have primary physical custody of the Children and the Father shall have partial physical custody on altemating weekends from Saturday at 12:00 noon through Sunday at 7:00 p.m. (when the Father is working the Friday night to Saturday morning shift) and from Friday at 4:00 p.m. through Sunday at 7:00 p.m. (when the Father is not working on the Friday night through Saturday morning shift). In the event the Father has to work during any portion of his weekend period of custody, the Father shall contact the Mother in advance to offer the Mother the opportunity to provide care for the Children. In the event the Mother is also working on that weekend, then the parties agree to make arrangements for the Mother's grandmother to provide care for the Children. 4. At such time as the Father relocates and obtains separate housing, the parties shall share having physical custody of the Children during the school year (beginning in the 2006-2007 school year) on an alternating weekly basis, with the exchange to take place every Sunday at 4:00 p.m. During the Father's weeks of custody under this provision, the Father shall transport the Children to the Mother's residence before school each day to enable them to ride the school bus and the Father shall pick up the Children after school each day at the Mother's residence no later than 4:45 p.m. The school year alternating weekly schedule shall begin each year with the Mother having custody of the Children during the first week of school. In the event the Children are tardy or absent from school (which is documented as unexcused by the school) two or more times during the school year, the parties agree that the Mother shall thereafter assume primary physical custody of the Children to ensure future school attendance. A', !ilJ 5. The parties shall share having custody of the Children during the summer each year, with the Mother having custody during the first half of the summer school break and the Father having custody during the second half of the school break, with the specific exchange date to be arranged by agreement between the parties. 6. The parties shall share having custody of the Children on holidays as arranged by agreement. The Father shall have custody of the Children on Easter in 2006 from 8:00 a.m. until 2:00 p.m. The Father shall be responsible to provide all transportation for exchanges of custody unless otherwise agreed between the parties. 8. Unless otherwise agreed between the parties, the Children shall remain enrolled in the Mechanicsburg School District. 9. The Mother shall provide Seneca's social security number to the Father within ten days of the date of the custody conciliation conference. 10. Neither party shall permit unrelated third parties to discipline the Children. 11. Neither party shall leave the Children in the unsupervised custody of Glenn Spahr, Adam Byro, James Russell or Donald Keebaugh. 12. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 13. 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. cc: ? h A. Finkey, Father XQI L. Rubright anA.,,Tr Johnston-Walsh, Esquire - Counsel for Mother V BY THE COURT, JOSEPH A. FINKEY Plaintiff vs. MELISSA S. OSWALT, formerly FINKEY : Defendant Prior Judge: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-108 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Cheyenne N. Finkey October 3, 1996 Father Seneca R. Finkey August 22, 1998 Mother 2. A Custody Conciliation Conference was held on March 14, 2006, with the following individuals in attendance: The Mother, Melissa S. Oswalt, formerly Finkey, with her counsel, Sarah L. Rubright and Lucy Johnston Walsh, Esq., and the Father, Joseph A. Finkey, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn Sunday, Esquire Custody Conciliator JOSEPH FINKEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY Melissa Finkey (Kuhn), Defendant : NO. 99 - 108 CIVIL TERM CUSTODY AGREEMENT THIS AGREEMENT, made this 15th day of December, 2008, between Melissa Kuhn, hereinafter Mother, and Joseph Finkey, hereinafter Father, concerns the custody of their children Cheyenne N. Finkey, born October 3, 1996 and Seneca R. Finkey, born August 22, 1998. Mother and Father desire to enter into an agreement as to the custody of the children. Mother and Father agree to the following: 1. Mother shall have full legal custody over the children. 2. Mother shall have primary physical custody of the children. 3. Father shall have periods of partial physical custody of the children as mutually agreed upon by the parties. 4. This agreement replaces the March 27, 2006 Order of Court. 5. Father recognizes that the Family Law Clinic represents Mother and has given him no legal advice other than to contact an attorney of his own. 6. Mother and Father desire to have this agreement entered as an Order of Court. seph inkey, Plaintiff elis a Kuhn, Defendant ??'3 Rebecca Faull er Certified Legal Intern Counsel for Plaintiff MEGA RIESMEYER Supervising Attorney Counsel for Plaintiff FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717)243-2968 Fax(717)243-3639 t"t t s r?-? Joseph Finkey, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY Melissa Finkey (Kuhn) Defendant NO. 99-108 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Ms. Melissa Kuhn, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Dated , A S Respectfully submitted, Rebecca Faul ner Certified Legal ntern MEGA RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 :?? ?' -, r.,? ?--{ art ?`'iti _- ,; __: ?,?; -?-? ?x? ;; DEC as 2o0B JOSEPH FINKEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY MELISSA FINKEY (KUHN), Defendant : NO. 99 - 108 CIVIL TERM ORDER OF COURT AND NOW, this Z 9 ` day of `? c c.?,?? , 200f upon consideration of the attached Custody Agreement, it is hereby ordered that: Mother and Father desire to enter into an agreement as to the custody of the children. Mother and Father agree to the following: 1. Mother shall have full legal custody over the children. 2. Mother shall have primary physical custody of the children. 3. Father shall have periods of partial physical custody of the children as mutually agreed upon by the parties. BY THE COURT: ;- -- e - ;-- , ? ? . = a ` :?::;. _ ,- _ e = _ -??-? `+? r',? C'rS DEC 2 2 2008 JOSEPH FINKEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY MELISSA FINKEY (KUHN), Defendant :NO. 99-- 108x. CIVILTERM ORD R OF COURT AND NOW, this day of , 204upon consideration of the attached Custody Agreement, it is hereby ordered that: Mother and Father desire to enter into an agreement. as to the custody of the children. Mother and Father agree to the following: 1. Mother shall have full legal custody over the children. 2. Mother shall have primary physical custody of the children. 3. Father shall have periods of partial physic4l, custody of the children-as mutually agreed upon by the parties. cuRTIS R. LONG Prothonotary Cumberland County One Courthouse Square Carlisle, PA 17013 t Flt.)-CF-riGE OF THE M, R3 OT " 7001 JAN 12 AM 10' ?_ 3 SAP PN rr=== its. vlow "EMONOW MTN . 02 1A 0004631598 DE' MAILED FROM ZIP CI Joseph A. Finkey 13 South Hanover Street #501 Carlisle, PA 17013 NIXSE 176 CE 1 84 01, RETURN TO SENDER NOT DEUNAOLLEDT© FORWARDESSEI BC: 17013 *0219-0023:3 r., r.r• ?ttt??lttt???......11?tlltlttltl COOS JOSEPH FINKEY, Petitioner vs. MELISSA FINKEY (KUHN), Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSY~VAIA -_ --~ NO.99-108 CIVIL TERM ~ ° ~; t ~~, r=- H s_~- ~~, ~::~ , . CUSTODY ~ ` "~=_~ - ~ ~a~'+~-: r ry c J _ y - ..~ ~~: ` ~ . J - ~ ~ - - .. --~ ~ ~ ~~~ ~ ..__i R PETITION FOR CONTEMPT AND MODIFICATION Petitioner, Joseph Finkey, by and through his counsel, MidPenn Legal Services, states the following: 1. Petitioner, hereinafter referred to as Father, resides at 325 Fort Street, Shippensburg, Cumberland County, Pennsylvania 17257. 2. Respondent, hereinafter referred to as Mother, is believed to reside at 48 East Penn Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. The above-named parties are the natural parents of Cheyenne N. Finkey, born October 3, 1996 and Seneca R. Finkey, born August 22, 1998. 4. Three prior custody orders have been entered in this case. The first was entered on February 25, 1999, by Judge Kevin A. Hess. The second was entered on March 22, 2006, by Judge Kevin A. Hess. The third was entered on December 29, 2008, by Judge Kevin A. Hess. The most recent Order, in pertinent part, gives Mother sole legal custody and primary physical custody of the children and Father has periods of partial custody as agreed upon by the parties. (Copies of all orders are attached as Exhibits A, B, C). 5. Mother has willfully disobeyed the current Order, and is not acting in the children's best interests in ways including, but not limited to, the following: a. Mother has unilaterally decided to refuse Father any opportunity to exercise his periods of partial physical custody of the children. b. Mother's behavior suggests an attempt to cause Father to become estranged from the children and she is deliberately interfering with the father/child relationships Mother had previously established with the children. 6. Father is entitled to a modification of the current order, which is in the children's best interest, for reasons including but not limited to the following: a. Father has sought to maintain a relationship with the children, despite various situations that have negatively impacted his own life. b. In the initial custody order, Father had primary custody of Cheyenne and Mother had primary custody of Seneca. When Father had issues with his living situation, he had partial custody but upon obtaining a better housing situation, he was granted shared physical custody of the children. c. Mother moved from Shippensburg to Carlisle and unilaterally decided that Father could not have his alternating weeks of custody and instead limited Father to weekend time with the children during the school year and shared during the summers. d. Father had shared custody of the children for the summers of 2006, 2007, 2008 and 2009 and during his periods of shared custody, he was primarily responsible for the welfare of the children. e. During Father's period of incarceration from July 8, 2009 until January 8, 2010, Father was unable to maintain contact with the children but admits that it was his request that the children not see him in the prison environment. f. Since Father's period of incarceration, Mother appears to be trying to erase Father from the children's lives and replace him with her current paramour who does not seem to be the most positive influence on these teenage children. 7. It is believed that Mother is currently unrepresented and counsel for Father has confirmed that Mother's prior counsel through the Family Law Clinic does not have an open file for Mother at this time. It is believed that Mother would not concur with the relief requested in this Petition. WHEREFORE, Father respectfully requests that this Court find the following: a. Respondent is in contempt of the December 29, 2008, Custody Order. b. This matter is scheduled for a conciliation conference. c. Until the time of the conciliation conference, Mother and Father shall share legal custody of the children. d. Father's visits with the children shall immediately be reinstated and if the parties cannot reach an agreement for Father's periods of partial physical custody, he shall have the children every Sunday from 11:00 a.m. unti13:00 p.m. Receiving party shall be responsible for providing transportation. e. The parties shall have reasonable contact via telephone and written correspondence with the children when they are in the other parent's custody. f. Any other relief this Court finds just and proper. submitted, L' e~al Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 VERIFICATION The above-named PETITIONER, JOSEPH FINKEY, verifies that the statements made in the above Petition for Contempt and Modification are true and correct. PETITIONER understands that false statements herein are made subject to the penalties of 18 Pa. C.s. §4904, relating to unsworn falsification to authorities. Date: ~~ "~~ `~~ OSE IN EY JOSEPH FINKEY, Petitioner vs. MELISSA FINKEY (KUHN), Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.99-108 CIVIL TERM CUSTODY CERTIFICATE OF SERVICE I, Jessica Holst, Esquire, of MidPenn Legal Services, attorney for Petitioner, Joseph Finkey, hereby certify that I have served a copy of the forgoing Petition for Contempt and Modification by: LISPS First Class Mail: Melissa Finkey Kuhn 48 East Pe t eet Carlisle, P 3 Date: ~ 1.2.1 Jesse ~ Iflolst, Esquire Mid enn Legal Services 401 East Louther Street Carlisle, PA 17013 (717)243-9400 0 JOSEPH FINKEY, Petitioner vs. MELISSA FINKEY (KUHN), Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.99-108 CIVIL TERM a ~-w ..~~ ~. ~ -~- CUSTODY ~" ' ~ ~ ~ ~~9 ~.. ~~ ~x v .ie. ~ _.. _ PRAECIPE TO PROCEED IN FORMA PAUPERIS .,. ~^~`; '=- ~, ::~ ,.~~ To the Prothonotary: Kindly allow, Joseph Finkey, Petitioner, to proceed in forma au eris. I, Jessica Holst, attorney for the party proceeding in forma au eris, certify that I believe the party is unable to pay the costs and that I am prod ~d~g free legal services to the party. MidP hn Legal Services 401 st Louther Street Carlisle, PA 17013 (717) 243-9400 JOSEPH FINKEY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, P ENNSYLVAN`L-`? V. 1999-108 CIVIL ACTION LAW -° MELISSSA FINKEY (KUHN) m IN CUSTODY" DEFENDANT ORDER OF COURT AND NOW Thursday, November 04, 2010 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator, at 39 West Main Street Mechanicsburg, PA 17055 on Thursday, December 09, 2010 at 1:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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/ Daum S. Sunda Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disablites 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. IFYOU 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 C Telephone (717) 249-3166 "9 ?1P? rJrI?YL 4 Joseph Finkey, Plaintiff V. Melissa Finkey (Kuhn), Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY : NO. 99-108 CIVIL TERM DEFENDANT'S ANSWER TO PLAINTIFF'S PETITION FOR CONTEMPT AND MODIFICATION AND NEW MATTER C) Defendant, Melissa Kuhn (formerly Melissa Finkey), by her attorney, the Fa ily V"aw n Clinic, hereby responds to Plaintiff's Petition for Contempt and Modification. -v3: = M s=ue ,: . CD 1. Defendant admits the allegations in paragraph 1. ?$ 3 5-n C n 2. Defendant admits the allegations in paragraph 2. C:) ) +rn c y 3. Defendant admits the allegations in paragraph 3. ?C 4. Defendant admits the allegations in paragraph 4. 5. Defendant denies the allegations in paragraph 5 and by way of further answer and will answer each allegation in turn. The custody order states that "Father shall have periods of partial physical custody of the children as mutually agreed upon by the parties." a. Defendant has offered to let father come to her house to visit with the girls for supervised visits. b. Defendant denies the allegations in paragraph 5 (b). 6. Defendant admits in part and denies in part the allegations in paragraph 6. Defendant will answer each allegation in turn. a. Defendant is without sufficient knowledge or belief to respond. b. Defendant admits allegations in paragraph 6(b). 4, c. Defendant admits that she moved from Shippensburg to Carlisle, but denies any implication that Mother was not acting in the best interest of the children or that she violated the current custody order. d. Defendant admits allegations in paragraph 6(d). e. Defendant admits the allegations in paragraph 6(e) f. Defendant denies the allegations in paragraph 6(f). 7. Defendant denies the allegations in paragraph 7. By way of further answer, the Family Law Clinic continues to represent Mother in this matter NEW MATTER - THREAT OF HARM OF THE CHILDREN 8. Paragraphs 1 through 7 are incorporated as if fully set forth herein. 9. On January 27, 2010, Father was found guilty of Endangering the Welfare of Children. 18 Pa.C.S. § 4304. A true and correct copy of Father's Criminal Docket showing this conviction is attached hereto as Defendant's Exhibit A and is incorporated herein by reference. 10. Father was sentenced to a period of 6 months of incarceration. 11. Endangering the Welfare of Children is a crime listed under 23 Pa.C.S. § 5303 (b) which requires a determination by the court "that the parent does not pose a threat of harm to the child before making an order of custody, partial custody or visitation to that parent." 23 Pa.C.S. § 5303 (b). 12. The Pennsylvania Superior Court has determined that the inquiry into the "a threat of harm" requires "the appointment of a qualified professional. The provision of counseling to the offending parent in the present, and the taking of testimony from the qualified professional regarding the same." Ramer v. Ramer 914 A.2d 894 (Pa. Super. Ct. 2006). 13. Priscilla A. Finkey, hereinafter referred to as Step-Mother, is married to Father. fl 14. Step-Mother serves in a parental role, or at least would have access to the Children while the Children are in Father's custody. 15. On January 27, 2010, Step-Mother was found guilty by a jury of Endangering the Welfare of Children. 18 Pa.C.S. § 4304. A true and correct copy of Father's Criminal Docket showing this conviction is attached hereto as Defendant's Exhibit B and is incorporated herein by reference. 16. Step-Mother was sentenced to 6 months of incarceration. 17. Mother believes that Step-Mother poses a substantial threat to the health and safety to the children because of her recent conviction of Endangering Children Welfare. 18. The best interest of the children is to have supervised visits with Father only. Supervised visits should occur only after required counseling and the testimony of a qualified professional that Father does not pose a threat of harm to the children. WHEREFORE, Defendant respectfully requests this Honorable Court to: a. Dismiss Plaintiff s Petition for Contempt. b. Prior to permitting any visitation or partial custody by Father, Order Father to undergo counseling to satisfy the requirements of section 5303(c). c. And only after a qualified professional has deemed that Father "does not pose a threat of harm to the child[ren]" can he be allowed supervised visitation, at Mother's residence, with the children 23 Pa.C.S. § 5303 (b) and (c) d. Order that Step-Mother shall not have access to the children, or, in the alternative, Step-Mother should be held to the standards established in 23 Pa.C.S. § 5303 (b) and (c). Step-Mother must undergo counseling to satisfy the requirements of section 5303(c) and only upon completion of these requirements and after a qualified professional has deemed that Step-Mother "does not pose a threat of harm to the child[ren]" may she have access to the children. 23 Pa.C.S. § 5303 (b) and (c). Respectfully submitted, Date: November 19, 2010 do __ Kelly s Certie Legal Intern OBERT E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorneys THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 „ RT OF Cross Court Docket Nos: CR-0000255-09 Judge Assigned: OTN: K7781535 Initial Issuing Authority: Harold E. Bender Arresting Agency: Carlisle Psp Case Local Number Type(s) Date Filed: 07122/2009 Initiation Date: 07/14/2009 Lower Court Docket No: CR-0000255-09 Final Issuing Authority: Harold E. Bender Arresting Officer: Affiant Case Local Number(s) RELATED CASES Related Docket No Related CP-21 -CR-0001 897-2009 I Case Status: Closed Related Case Caption Comm. v. Finkey, Priscilla Ann Status Date 03/23/2010 01/27/2010 09/10/2009 07/22/2009 07/22/2009 07/22/2009 Case Calendar Event Schedule Start Type Start Date Time Formal Arraignment 09/10/2009 9:00 am Pre-Trial Conference 10/20/2009 8:30 am Pre-Trial Conference 10/22/2009 1:30 pm Trial 11/02/2009 9:00 am Pre-Trial Conference 01/12/2010 8:30 am Pre-Trial Conference Trial Sentencing 01/14/2010 9:00 am 01/25/2010 9:00 am 03/23/2010 1:30 pm Related Court Association Reason CP-09-21-Crim Trial Joinder STATUS INFORMATION Processing Status Sentenced/Penalty Imposed Awaiting Sentencing Awaiting Pre-Trial Conference Awaiting Formal Arraignment Awaiting Filing of Information Awaiting ARD Hearing CALENDAR EVENTS Room Judge Name Contact Visiting Room 4th Floor 4th Floor Contact Visiting Room 4th Floor 4th Floor Courtroom 2 Complaint Date: 07/14/2009 Schedule Status Scheduled Scheduled Moved Scheduled Scheduled Judge M. L. Ebert Jr Moved Scheduled Scheduled 999n _ Rau 11/nront7 Printed: 11105/2010 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. ??FicnlD,q ?`? s ??(1+1?1 T ? MON PLEAS OF CUMBERLAND COUNTY DOCKET Docket Number: CP-21-CR-0001898-2009 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania Page 1 of 10 V. Joseph Aaron Finkey CASE 1NFORNIATI0N COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DOCKET Docket Number: CP-21-CR-0001898-2009 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania Page 2 of 10 V. Joseph Aaron Finkey CONFINEMENT INFOiiN!IATION j Confinement Confinement Destination Confinement Still in Known As Of Type Location Reason Custody DEFENDANT INFORMAX ON Date Of Birth: 11/08/1973 City/State/Zip: Shippensburg, PA 17257 Alias Name Finkey, Joseph A. CASE PARTICIPANfiS Participant Type Name Defendant Finkey, Joseph Aaron BAIL INFORMATION Finkey, Joseph Aaron Nebbia Status: None Bail Action Date Bail Type Percentage Amount Bail Posting Status Posting Date Set 07/16/2009 Unsecured $5,000.00 Posted 07/16/2009 CHARGES Sea. Orig Seg. Grade Statute Statute Description Offense OTN Date 1 1 F3 -->48§4304 §§A1 Endangering Welfare of Children - 07/08/2009 K7781535 Parent/Guardian/Other Commits Offense 2 2 M2 18 § 2705 Recklessly Endangering Another Person 07/08/2009 K7781535 AOPC 2220 - Rev 11 rnmea: 7 i/utvzu1u Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. OF COMMON PLEAS OF DOCKET Docket Number: CP-21-CR-0001898-2009 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania V. Joseph Aaron Finkey DISPOSITION SENTENCINOMENALPES Disposition Case Event Sequence/Description Sentencinq Judae Sentence/Diversion Program Type Sentence Conditions Linked Offense - Sentence Lower Court Proceeding (generic) Lower Court Disposition 1 / Endangering Welfare of Children - Parent/Guardian/Other Commits Offense 2 / Recklessly Endangering Another Person Proceed to Court Information Filed 1 / Endangering Welfare of Children - Parent/Guardian/Other Commits Offense 2 / Recklessly Endangering Another Person Guilty Trial 1 / Endangering Welfare of Children - Parent/Guardian/Other Commits Offense Ebert, M. L. Jr. Confinement Page 3 of 10 Disposition Date Final Disposition Offense Disposition Grade Section Sentence Date Credit For Time Served Incarceration/Diversionary Period Start Date Link Type Linked Docket Number 07/20/2009 Not Final Waived for Court (Lower Court) F3 18§4304§§A1 Waived for Court (Lower Court) 09/08/2009 Proceed to Court Proceed to Court 01/27/2010 Guilty M2 18§2705 Not Final F3 18§4304§§A1 M2 18§2705 Final Disposition F3 18§4304§§A1 03/23/2010 Min of 6.00 Months Max of 23.00 Months Other 03/29/2010 Work Release Eligible - Re-Entry Plan 2 / Recklessly Endangering Another Person Ebert, M. L. Jr. Not Guilty 03/23/2010 M2 18§2705 - Rey 1trosnm n rnntea: ivusrlutu Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. COURT OF ON DOCKET Docket Number: CP-21-CR-0001898-2009 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania V. Joseph Aaron Finkey COMMONWEALTH INFORMATION Name: Derek R. Clepper, Esq. District Attorney Supreme Court No: 090810 Phone Number(s): Address: Cumberland County District Attorney's Office One Courthouse Square Carlisle PA 17013 Name: Cumberland County District Attorney's Office Prosecutor Supreme Court No: Phone Number(s): (717) 240-6210 (Phone) Address: One Courthouse Square Carlisle PA 17013 2220 - Rev ATTORNEY INFOR TM Name: Brian Oliver Williams Public Defender Supreme Court No: 209610 Rep. Status: Active Phone Numbers Address: Cumberland County Public Defender's Office Cumberland County Courthouse Carlisle PA 17013 Representing: Finkey, Joseph Aaron Page 4 of 10 rrRneb: 7 7 NbrN1 u Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DOCKET Sequence Number CP Filed Date 1 07/22/2009 Original Papers Received from Lower Court Commonwealth of Pennsylvania V. Joseph Aaron Finkey ENTRIES Document Date Page 5 of 10 Court of Common Pleas - Cumberland County 1 09/08/2009 Information Filed 2 09/08/2009 Notice of Trial Joinder Clepper, Derek R. Cumberland County District Attorney's Office 1 09/10/2009 Acknowledgment of Arraignment and Public Defender Appointment, filed. Defendant to appear 10/22/09 at 9:00 a.m. for PTC and 11/2/09 at 9:00 a.m. for trial Williams, Brian Oliver 2 10/13/2009 Notice to appear for Pre-trial Conference on 10/20/09 copies delivered/mailed by Court Admin Court of Common Pleas - Cumberland County 1 10/20/2009 Pre-Trial Conference Order of Court, Filed 10/20/09. In Re: For Trial. The Def. is to apper for trial on 11/2/09, at 9:00am, and to remain until excused. Bayley, Edgar B. 2 11/09/2009 Notice to appear for Pre-trial Conference on 01/14/2010 at 9:00 AM copies delivered/mailed by Court Admin Court of Common Pleas - Cumberland County AOPC 2220 -Rev 11105!2010 rnn[ea: i vow1olu Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. Docket Number: CP-21-CR-0001898-2009 CRIMINAL DOCKET Court Case URT OF MON PLEAS OF CUMBERLAND COUNTY DOCKET Commonwealth of Pennsylvania V. Joseph Aaron Finkey ENTRIES Court Case Page 6 of 10 Sequence Number CP Filed Date Document Date 1 11/10/2009 11/04/2009 Order of Court, filed 11/4/09. In Re: Appear for Trial On the defense motion for continuance, not opposed by the DA, the motion is granted, the defendant is ordered to appear for Trial on 1/25/10 at 9:00 AM and further ordered to appear for PTC on 1/14/10 at 9:00 AM. 11/10/09 - copies delivered. Bayley, Edgar B. 2 01/06/2010 Notice to appear for Pre-trial Conference on 1/12/2010 at 8:30 AM copies delivered/mailed by court admin Court of Common Pleas - Cumberland County 1 01/14/2010 Order of Court, filed 1/14/10. In Re: Pre-Trial Conference/Trial The parties having indicated that the case is ready for Trial, the defendant is directed to appear for Trial on 1/25/10, at 9:00 AM, and to remain until excused. Hess, Kevin A. 1 01/27/2010 Guilty Ebert, M. L. Jr. 1 0112812010 Verdict, filed. 1126110 - 1127110 13 Jurors Ebert, M. L. Jr. 1 01/29/2010 Verdict Order, filed 1/27/10. The defendant shall appear for sentencing on 3/23/10 at 1:30 pm. PSI ordered. Bail will continue as stated. 1/29/10 copies delivered 1 03/23/2010 Order - Sentence/Penalty Imposed Docket Number: CP-21-CR-0001898-2009 CRIMINAL DOCKET Ebert, M. L. Jr. Ebert, M. L. Jr. AOPC 2220 - Rev t, ntea: 1Uob/zolo Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. COURT OF COMMON PLEAS OF CUMBERLAND DOCKET Sequence Number 1 Penalty Assessed CP Filed Date 03/24/2010 Docket Number: CP-21-CR-0001898-2009 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania Page 7 of 10 V. Joseph Aaron Finkey ENTRIES' Document Date Court of Common Pleas - Cumberland County 1 03/25/2010 Sentence Order, filed 3/23/10. 3/26/10 copies delivered 03/23/2010 Ebert, M. L. Jr. 1 04/06/2010 Guideline Sentence Form Cumberland County District Attorney's Office 2 04/06/2010 Amended Guideline Sentence Form Cumberland County District Attorney's Office 1 08/30/2010 Pre-Parole Investigation and Order of Court, filed 8/30110. The defendant is granted parole effective 8/30/10. The def. is ordered to be and to remain on good behavior and comply with court conditions of parole. 8/30/10 copies delivered AOPC 2220. Rev 11/05/2010 Ebert, M. L. Jr. rnnteo: 11/05/2010 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. COMMON PLEAS OF CUMB DOCKET Commonwealth of Pennsylvania Docket Number: CP-21-CR-0001898-2009 CRIMINAL DOCKET Court Case V. Page 8 of 10 Joseph Aaron Finkey PAYMENT PLAN SUMMARY Payment Plan No Payment Plan Freq. Next Due Date Active Overdue Amt Responsible Participant Suspended Next Due Amt 21-2009-P369 Monthly 10101/2010 True $120.00 False $60.00 Payment Plan History: Payment Date Payor Name Participant Role Amount 11/18/2005 Payment $50.00 06/05/2006 Payment $40.00 07/03/2006 Payment $40.00 12/08/2006 Payment $60.00 03/02/2009 Payment $500.00 03/17/2010 Payment $30.00 05/10/2010 Payment $13.75 05/21/2010 Payment $32.92 06111/2010 Payment $124.32 06/18/2010 Payment $208.32 07/0712010 Payment $166.32 07/16/2010 Payment $257.07 07/30/2010 Payment $96.52 07/3012010 Payment $17.30 AOPC 2220 - Rev 1 Printed: 11/05/2010 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. URT OF COMMON PLEAS OF CUMBERLAND COU DOCKET Docket Number: CP-21-CR-0001898-2009 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania Page 9 of 10 V. Joseph Aaron Finkey CASE FINANCIAL INFORMATION Last Payment Date: 07/30/2010 Total of Last Payment: -$113.82 Finkey, Joseph Aaron Assessment Payments Adjustments Non Monetary Total Defendant Payments Costs/Fees Sheriff Costs (Cumberland) $30.00 -$30.00 Sheriff Costs (Cumberland) $18.00 -$18.00 State Court Costs (Act 204 of 1976) $12.30 $0.00 Commonwealth Cost - HB627 (Act 167 $18.40 $0.00 of 1992) County Court Cost (Act 204 of 1976) $26.80 $0.00 Crime Victims Compensation (Act 96 $35.00 -$35.00 of 1984) Domestic Violence Compensation (Act $10.00 $0.00 44 of 1988) Victim Witness Service (Act 111 of $25.00 -$25.00 1998) Firearm Education and Training Fund $5.00 $0.00 (158 of 1994) Judicial Computer Project $8.00 -$8.00 ATJ $2.00 -$2.00 District Attorney (Cumberland) $38.00 -$38.00 Administrative Fee (Cumberland) $45.00 -$45.00 Sheriff Costs (Cumberland) $1.50 -$1.50 Automation Fee (Cumberland) $5.00 -$5.00 Jury/Non-Jury Fee (Cumberland) $225.00 -$225.00 Non DUI Central Processing Cost $200.00 -$38.02 (Cumberland) DNA Detection Fund (Act 185-2004) $250.00 $0.00 Costs of Prosecution - CJEA $50.00 $0.00 Costs/Fees Totals: $1,005.00 -$470.52 Fines Crimes Code, etc. $150.00 $0.00 Fines Totals: $150.00 $0.00 Grand Totals: $1,155.00 -$470.52 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $10.00 $0.00 $5.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $161.98 $250.00 $50.00 $534.48 $0.00 $0.00 $150.00 $0.00 $0.00 $150.00 $0.00 $0.00 $684.48 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $12.30 $18.40 $26.80 $0.00 AOPC 2220 - Rev 1110512010 rnntea: ivuwzuiu Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. V OMMON PLEAS OF CUMB DOCKET Commonwealth of Pennsylvania V. Joseph Aaron Finkey *• - Indicates assessment is subrogated COUNTY Docket Number: CP-21-CR-0001898-2009 CRIMINAL DOCKET Court Case Page 10 of 10 AOPC 2220 - Rev 11 /05/2010 Printed: 11/0512010 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. COURT OF COM Related Case Caption Commonwealth of Pennsylvania Page 1 of 9 V. Priscilla Ann Finkey CASE INFORMATION, Cross Court Docket Nos: CR-0000254-09 Judge Assigned: OTN: K7781524 Initial Issuing Authority: Harold E. Bender Arresting Agency: Carlisle Psp Case Local Number Tvpe(s) Related Docket No Related CP-21 -CR-0001 898-2009 Case Status: Closed PLEAS OF CUMBERLAND COUNTY DOCKET Docket Number: CP-21-CR-0001897-2009 CRIMINAL DOCKET Court Case Date Filed: 07/22/2009 Initiation Date: 07/14/2009 Lower Court Docket No: CR-0000254-09 Final Issuing Authority: Harold E. Bender Arresting Officer: Affiant Case Local Number(s) RELATED CASES Comm. v. Finkey, Joseph Aaron Case Calendar Event Schedule Type Start Date Formal Arraignment 09/10/2009 Pre-Trial Conference 10/22/2009 Trial 11/02/2009 Pre-Trial Conference 01/14/2010 Trial 01/25/2010 Sentencing 03/23/2010 Confinement Confinement Known As Of Tvpe Related Court C P-09-21-Crim Association Reason Trial Joinder STATU INFOWATION Status Date Processina Status Complaint Date: 07/14/2009 03/23/2010 Sentenced/Penalty Imposed 01/27/2010 Awaiting Sentencing 09/10/2009 Awaiting Pre-Trial Conference 07/22/2009 Awaiting Formal Arraignment 07/22/2009 Awaiting Filing of Information 07/22/2009 Awaiting ARD Hearing CALENDAR EVENTS Start Room Judge Name Schedule Time Status 9:00 am Scheduled 9:00 am 4th Floor Scheduled 9:00 am 4th Floor Scheduled 9:00 am 4th Floor Scheduled 9:00 am 4th Floor Scheduled 1:30 pm Courtroom 2 Judge M. L. Ebert Jr. Scheduled CONFINEMENT INFOfWATION Destination Location Confinement Still in Reason Custody Printed: 11/05/2010 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. 'DEWtZ4N?'S ?'XN?817" COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DOCKET Docket Number: CP-21-CR-0001897-2009 CRIMINAL DOCKET Court Case Date Of Birth: Alias Name McKibben. Priscillia Particioant Type Defendant I Finkey, Priscilla Ann Bail Action Set CHARGES Page 2 of 9 1 Nebbia Status: None Amount Bail Posting Status Posting Date $2,500.00 Posted 07/15/2009 Seg. Ong Seg. Grade Statute 1 1 F3 18 §4304 §§A1 2 2 M2 18 § 2705 - Ram 11 mv?m n Statute Description Endangering Welfare of Children - Parent/Guardian/Other Commits Offense Recklessly Endangering Another Person Offense OTN Date 07/08/2009 K7781524 07/08/2009 K7781524 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. Commonwealth of Pennsylvania V. Priscilla Ann Finkey DEFENDANT I VO ATION 01/07/1986 City/State/Zip: SHIPPENSBURG, PA 17257 CASE PARTICIPANTS Name Finkey,, Priscilla Ann BAIL INFORMATION Date Bail Type Percentage 07/15/2009 Unsecured COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DOCK' Docket Number: CP-21-CR-0001897-2009 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania Page 3 of 9 V. Priscilla Ann Finkey DISPOSITION SENTENCINGWEVALPES Disposition Case Event Sequence/Description Sentencing Judge Sentence/Diversion Program Type Sentence Conditions Linked Offense - Sentence Lower Court Proceeding (generic) Lower Court Disposition 1 / Endangering Welfare of Children - Parent/Guardian/Other Commits Offense 2 / Recklessly Endangering Another Person Proceed to Court Information Filed 1 / Endangering Welfare of Children - Parent/Guardian/Other Commits Offense 2 / Recklessly Endangering Another Person Guilty Trial 1 / Endangering Welfare of Children - Parent/Guardian/Other Commits Offense Ebert, M. L. Jr. Confinement Disposition Date Final Disposition Offense Disposition Grade Section Sentence Date Credit For Time Served Incarceration/Diversionary Period Start Date Link Type Linked Docket Number 07/20/2009 Not Final Waived for Court (Lower Court) F3 18§4304§§A1 Waived for Court (Lower Court) M2 18§2705 09/08/2009 Not Final Proceed to Court F3 18§4304§§A1 Proceed to Court 01/27/2010 Guilty 03/23/2010 Min of 4.00 Months Max of 18.00 Months Other Work Release Eligible - Re-Entry Plan 2 / Recklessly Endangering Another Person Ebert, M. L. Jr. Not Guilty 03/23/2010 M2 18§2705 Final Disposition F3 18§4304§§A1 03/26/2010 M2 18§2705 1voWn1n rnnrea: 7 ituoizuiu Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. URT OF COMMON PLEAS OF DOCKET Commonwealth of Pennsylvania V. Priscilla Ann Finkey COMMONWEALTH INFORMATION Name: Derek R. Clepper, Esq. District Attorney Supreme Court No: 090810 Phone Number(s): Address: Cumberland County District Attorney's Office One Courthouse Square Carlisle PA 17013 Name: Cumberland County District Attorney's Office Prosecutor Supreme Court No: Phone Number(s): (717) 240-6210 (Phone) Address: One Courthouse Square Carlisle PA 17013 ATTORNEY INFORMATION Name: Allen Welch, Esq. Court Appointed - Private Supreme Court No: 034962 Rep. Status: Active Phone Number(s): (717) 350-1002 (Phone) (717) 234-3650 (Fax) Address: 1101 N Front Street Harrisburg PA 17102 Representing: Finkey, Priscilla Ann Page 4 of 9 - Rwv t imSom n rnntea: 11/052010 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. ND COUNTY Docket Number: CP-21-CR-0001897-2009 CRIMINAL DOCKET Court Case OF COM Sequence Number CP Filed Date 1 07/22/2009 Original Papers Received from Lower Court PLEAS OF CUMBERLAND DOCKET Docket Number: CP-21-CR-0001897-2009 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania Page 5 of 9 V. Priscilla Ann Finkey ENTRIES Document Date Court of Common Pleas - Cumberland County 1 07/23/2009 Appointment of Counsel, Filed 7/23/09. Allen C. Welch, Jr., Esq. is appointed. 7/23/09 - Copies delivered/mailed. 1 09/08/2009 Information Filed 2 09/08/2009 Notice of Trial Joinder Bayley, Edgar B. Clepper, Derek R. Cumberland County District Attorney's Office 1 09/10/2009 Acknowledgment of Arraignment, filed 9/10/09. You and your attorney are directed to appear on 10/22/09 at 9:00 AM for PTC and on 11 /2/09 at 9:00 AM for Trial. Welch. Allen 1 10/27/2009 10/22/2009 Pre-Trial Conference Order of Court, filed 10-22-09 In re: for Trial Def. is directed to appear for trial on 11-2-09 at 9:00 am and to remain until excused. 10-28-09 copies delivered/mailed Guido, Edward E. 2 11/09/2009 Notice to appear for Pre-trial Conference on 01/14/2010 at 9:00 AM copies delivered/mailed by Court Admin Court of Common Pleas - Cumberland County AOPC 2220 - Rev 11/05/2010 Printed: 11/05/2010 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. NC 1 ? ` OF COMMON PLEAS OF DOCKET Commonwealth of Pennsylvania V. Priscilla Ann Finkey ENTRIES Page 6 of 9 Sequence Number CP Filed Date Document Date 1 11/10/2009 11/04/2009 Order of Court, filed 11/4/09. In Re: Appear for Trial On the defense motion for continuance, not opposed by the DA, the motion is granted, the defendant is ordered to appear for Trial on 1/25/10 at 9:00 AM and further ordered to appear for PTC on 1/14/10 at 9:00 AM. 11/10/09 - copies delivered. Bayley, Edgar B. 1 01/14/2010 Pre-Trial Conference Order of Court, Filed 1/14/10. In Re: For Trial. The Def. is to appear for trial on 1/25/10, at 9:00am, and to remain until excused. Hess, Kevin A. 1 01/27/2010 Guilty Ebert, M. L. Jr. 1 01/28/2010 Verdict, filed. 1/26/10 - 1/27/10 13 Jurors Ebert, M. L. Jr. 1 01/29/2010 Verdict Order, filed 1/27/10. The defendant shall appear for sentencing on 3/23/10 at 1:30 pm. PSI ordered. Bail will continue as stated. 1/29/10 copies delivered 1 03/23/2010 Order - Sentence/Penalty Imposed ERLAND COU Docket Number: CP-21-CR-0001897-2009 CRIMINAL DOCKET Court Case Ebert, M. L. Jr. Ebert, M. L. Jr. DA.41 • 141n9Mn4n 03/24/2010 Court of Common Pleas - Cumberland County 1 Penalty Assessed Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. i •F OF COMMON PLEAS OF CUMBERLAN DOCKET Sequence Number CP Filed Date 1 03/25/2010 Sentence/Parole Order, filed 3/23/10. 3/26/10 copies delivered Commonwealth of Pennsylvania V. Priscilla Ann Finkey ENTRIES Document Date Docket Number: CP-21-CR-0001897-2009 CRIMINAL DOCKET Court Case Page 7 of 9 Ebert, M. L. Jr. 1 04/06/2010 Guideline Sentence Form Cumberland County District Attorney's Office 2 04/06/2010 Amended Guideline Sentence Form Cumberland County District Attorney's Office Active Overdue Amt Suspended Next Due Amt PAYMENT Pi: A* MMA f Payment Plan No Payment Plan Freq. Next Due Date Responsible Participant 21-2009-P2092 Monthly 10/01/2010 True $80.00 Finkey, Priscilla Ann False $40.00 Payment Plan History: Payment Date Payor Name Participant Role Amount 01/11/2010 Payment Finkey, Priscilla Ann Defendant $40.00 03/17/2010 Payment Finkey, Priscilla Ann Defendant $80.00 04/19/2010 Payment $93.80 0511412010 Payment $65.42 05/28/2010 Payment $93.05 05/28/2010 Payment $54.58 06111/2010 Payment $161.86 06/11/2010 Payment $40.00 06/25/2010 Payment $197.67 08/20/2010 Payment Finkey, Priscilla Ann Defendant $60.00 08/26/2010 Payment Finkey, Priscilla Ann Defendant $40.00 08/26/2010 Payment Finkey, Priscilla Ann Defendant $20.00 Merl. ccGv - Rev i uvwzvI u Printed: 11105/2010 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. RT OF COMMON PLEAS OF CUMBERLAND COUNTY DOCKET Docket Number: CP-21-CR-0001897-2009 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania Page 8 of 9 V. Priscilla Ann Finkey CASE FINANCIAL INFORMATION Last Payment Date: 08/26/2010 Total of Last Payment: -$60.00 Finkey, Priscilla Ann Assessment Payments Adjustments Non Monetary Total Defendant Payments Costs/Fees Sheriff Costs (Cumberland) $30.00 -$30.00 $0.00 $0.00 $0.00 Sheriff Costs (Cumberland) $18.00 -$18.00 $0.00 $0.00 $0.00 State Court Costs (Act 204 of 1976) $12.30 $0.00 $0.00 $0.00 $12.30 Commonwealth Cost - HB627 (Act 167 $18.40 $0.00 $0.00 $0.00 $18.40 of 1992) County Court Cost (Act 204 of 1976) $26.80 $0.00 $0.00 $0.00 $26.80 Crime Victims Compensation (Act 96 $35.00 -$35.00 $0.00 $0.00 $0.00 of 1984) Domestic Violence Compensation (Act $10.00 $0.00 $0.00 $0.00 $10.00 44 of 1988) Victim Witness Service (Act 111 of $25.00 -$25.00 $0.00 $0.00 $0.00 1998) Firearm Education and Training Fund $5.00 $0.00 $0.00 $0.00 $5.00 (158 of 1994) Judicial Computer Project $8.00 -$8.00 $0.00 $0.00 $0.00 ATJ $2.00 -$2.00 $0.00 $0.00 $0.00 District Attorney (Cumberland) $38.00 -$38.00 $0.00 $0.00 $0.00 Administrative Fee (Cumberland) $45.00 -$45.00 $0.00 $0.00 $0.00 Sheriff Costs (Cumberland) $1.50 -$1.50 $0.00 $0.00 $0.00 Automation Fee (Cumberland) $5.00 -$5.00 $0.00 $0.00 $0.00 Jury/Non-Jury Fee (Cumberland) $225.00 -$225.00 $0.00 $0.00 $0.00 Non DUI Central Processing Cost $200.00 -$23.38 $0.00 $0.00 $176.62 (Cumberland) DNA Detection Fund (Act 185-2004) $250.00 $0.00 $0.00 $0.00 $250.00 Costs of Prosecution - CJEA $50.00 $0.00 $0.00 $0.00 $50.00 OSP (Cumberland/State) (Act 35 of $337.50 $0.00 $0.00 $0.00 $337.50 1991) OSP (Cumberland/State) (Act 35 of $337.50 $0.00 $0.00 $0.00 $337.50 1991) Costs/Fees Totals: $1,680.00 -$455.88 $0.00 $0.00 $1,224.12 Fines Crimes Code, etc. $150.00 $0.00 $0.00 $0.00 $150.00 AOPC 2220 - Rev 11/05/2010 .,...?..... Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. f w- COURT Finkey, Priscilla Ann Defendant OMMON PLEAS OF CUMBERLAND COU DOCKET Fines Totals: Grand Totals: *' - Indicates assessment is subrogated Docket Number: CP-21-CR-0001897-2009 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania V. Priscilla Ann Finkey CASE FINANCIAL INFORMATION Assessment Payments Adjustments Non Monetary Payments $150.00 $0.00 $0.00 $0.00 $1,830.00 -$455.88 $0.00 $0.00 Page 9 of 9 Total $150.00 $1,374.12 AOPC 2220 - Rev 11/05/2010 Printed: 11/05/2010 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. -J- 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 unworn falsification to authorities. Melissa Kuhif -.. Joseph Finkey, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW : CUSTODY Ms. Melissa Finkey (Kuhn), Defendant : NO. 99-108 CIVIL TERM CERTIFICATE OF SERVICE I, Kelly Towns, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the forgoing Defendant's Answer to the Plaintiff's Petition for Contempt and Modification and New Matter on Jessica Holst, Esq., Attorney for Joseph Finkey, at MidPenn Legal Services, 401 East Louther Street, Suite 103, Carlisle, PA 17013, by depositing a copy of the same in the United States mail, postage prepaid, this 19u' day of November, 2010. Kelly o s Cert' ed egalIntern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 DEC 13 2010 JOSEPH FINKEY vs. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA MELISSA FINKEY (KUHN) Defendant 1999-108 CIVIL ACTION LAW -0?i c 3 Q7 1n • Cra r c? -? /-- te rn r - IN CUSTODY ? CD x? ORDER OF COURT ) 11,10, PV v ?ac?h6, c AND NOW, this day of 2010, consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: Zt:° -'' S?-rl -We Q) C-3 upon 1. Counsel for the parties shall identify a qualified professional with expertise specific to providing counseling for the Father and guidance to the Court in connection with the Father's conviction for endangering the welfare of a child as required by 23 Pa.C.S. §5303(c). Upon selecting a professional by agreement between counsel for the parties, counsel shall contact the conciliator, who shall obtain Court approval for appointment of the qualified professional. 2. The Father shall sign any authorizations necessary to enable Children's Services to release information to the qualified professional appointed by the Court. 3. The Mother shall have primary physical custody of the Children. 4. The Father shall have periods of visitation with the Children at the Mother's residence on December 18, from 12:00 noon until 2:00 p.m., December 23, from 12:00 noon until 2:00 p.m., January 1, 2011, from 12:00 noon until 2:00 p.m. and continuing thereafter on alternating Saturdays from 12:00 noon until 2:00 p.m. Unless otherwise agreed between the parties in writing, the Father shall not bring third parties to his periods of visitation. 5. Each parent shall ensure that the other parent has his or her current telephone number on an ongoing basis. 6. The Father's Petition for Contempt is dismissed as it has been withdrawn by the Father. BY THEJQOURT, Hess J. cc: J Jessica Holst, Esquire - Counsel for Father V Kelly Towns and Robert E. Rains, Esquire - Counsel for Mother eop; es met , ,keo1 ia1,V/iO Y ,e/GG JOSEPH FINKEY vs. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA 1999-108 CIVIL ACTION LAW MELISSA FINKEY (KUHN) Defendant Prior Judge: Kevin A. Hess 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: follows: 1. The pertinent information concerning the Children who are the subjects of this litigation is as NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Cheyenne M. Finkey October 3, 1996 Mother Seneca R. Finkey August 22, 1998 Mother 2. A custody conciliation conference was held on December 9, 2010, with the following individuals in attendance: the Father, Joseph Finkey, with his counsel, Jessica Holst, Esquire, and the Mother, Melissa Finkey, with her counsel, Kelly Towns and Robert:E. Rains, Esquire. 3. The parties agreed to entry of an Order in the form as attached. ce= I0 poi C? Date Dawn S. Sunday, Esquire Custody Conciliator JOSEPH FINKEY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANI. ev 1999-108 CIVIL ACTION LAW MELISSA FINKEY (KUHN) 477 IN CUSTODY DEFENDANT = ORDER OF COURT AND NOW, Wednesday, June 20, 2012 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, July 17, 2012 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/ Dawn S. Sunday, 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 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 IJessi ca 141's-1 ?5$ 7/0/ ? ??wr? 5 . su.k?ay,/moo/%? t JOSEPH FINKEY vs. Plaintiff MELISSA FINKEY (KUHN) Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVA 1999-1d8 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this ~S~ day of ~ 2012, consideration of the attached Custody Conciliation Report, it s ordered and directed as follows: 1. The prior Order of this Court dated September 19, 2011 shall continue in effect as by this Order. 2, The parties shall make arrangements for Seneca, and other family membe s as recornded by the counselor, to participate in therapeutic family counseling with a professio al to be ~t~ by agreement between the parties. The purpose of the counseling shall be to sess Seneca's needs and emotional well-being in the context of the custodial arrangements and pr vide guidance to the parents as they make necessary decisions regarding the custody schedule. T'he ies shall select the counselor and contact the counselor's office within one week of the date of the c tody conciliation conference to schedule the initial sessions. Unless otherwise agreed between the p ies, any costs of the counseling which are not covered by insurance shall be shared equally betwe the parties. 3. Pending completion of the counseling and receipt by the parties of guidance fro the counselor regarding Seneca's needs, during the school yeaz, the Father shall have primary ph sical custody of Cheyenne Finkey, born October 3, 1996, and the Mother shall have primary ph sical custody of Seneca Finkey, born August 22, 1998. 4. The summer custody schedule in 2012, under which the parties had been. sharing pY custody of the Children shall terminate on August 19, 2012 and the school yeaz schedule shall thereafter. 5. Paragraph 7 of the prior Order of this Court dated September 18, 2011 is vacate and removed. 6. The Father's stepfather shall not be permitted to stay overnight at the residence of the and the Child or Children and shall not have any unsupervised contact with the Children. 7. Within four months of the date of this Order and after completion of the therapeutic f~mily counseling required by this Order, counsel for either party may contact the conciliator to sche ule a ~,. follow-up custody conciliation conference, if necessary, to review the custodial following counseling. 8. The parties shall not discuss the legal proceedings or custodial issues with the Ch shall insulate them as much as possible from the conflicts between the parties on these issues. 9. The parties shall follow all treatment recommendations of either Child's including the administration of prescription medications unless otherwise agreed between the 10. No party shall be permitted to relocate the residence of the Child which signifi impairs the ability to exercise custody unless every individual who has custodial rights to the consents to the proposed relocation or the Court approves the proposed relocation. A person prod to relocate MUST comply with 23 Pa. C.S. § 5337. and 11. Neither party shall do or say anything which may estrange the Children from the othe parent, injure the opinion of the Children as to the other pazent, or hamper the free and natural development of the Children's love and respect for the other pazent. Both parties shall ensure tha third parties having contact with the Children comply with this provision. 12. 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 absen mutual consent, the terms of this Order shall control. BY THE COURT Common Pleas ]w+~e cc: Y Jessica Holst Esquire -Counsel for Father c > / Christen Rafuse and Megan Riesmeyer Esquire -Counsel for Mother ~~ ,, ~4pr S ~ ~1is'~ ~ ~~ u, ~L "~~' -v ~ ~ ~~ / ~M.~ A~ / ~ ~Y ^'^{ rV of ., ~= ~_, ~~.. ~.~'`;' --a F':"±~ ..k' •r=.: .~_ ,• JOSEPH FINKEY vs. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVAr 1999-108 CIVIL ACTION LAW IN CUSTODY MELISSA FINKEY (KUHN) Defendant Prior Judge: Kevin A. Hess CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND. COUNTY RULE OF PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this liti follows: NA11'!~ DATE OF BIRTH CURRENTLY IN CUSTODY OF Seneca Finkey August 22, 1998 Mother Cheyenne Finkey October 3, 1996 Father is as 2. A custody conciliation conference was held on August 7, 2012, with the foll 'ng individuals in attendance: the Father, Joseph Finkey, with his counsel, Jessiea Holst Esquire, an the Mother, Melissa Kuhn, formerly Finkey, with her counsel, Marissa Burkett, Christen Rafus and Megan Riesmeyer Esquire. 3. The parties agreed to entry of an Order in the form as attached. -.,~.~u~- . ~ ~a- Date Dawn S. Sunday, Esquire Custody Conciliator JOSEPH FINKEY, : IN THE COURT OF COMMON PLEA Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNV4rIA:::- vs. : NO 91 log CIVIL TERM U) MELISSA KUHN • (n/k/a MELISSA SHOVER), • / c _ Defendant/Respondent : CUSTODY / PETITION FOR MODIFICATION Petitioner, Joseph Finkey,by and through his counsel, Jessica Holst of MidPenn Legal Services, states the following: 1. Plaintiff/Petitioner is Joseph Finkey, hereinafter referred to as Father, resides at 21114 Main Street, Shade Gap, Huntingdon County, Pennsylvania 17255. 2. Defendant/Respondent is Melissa Kuhn (n/k/a Melissa Shover), hereinafter referred to as Mother, resides at 48 East Penn Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. The above-named parties are the natural parents of Seneca R. Finkey, born August 22, 1998 and Cheyenne N. Finkey, born October 3, 1996. 4. Two prior custody orders have been entered in this case. a. The first order, entered by The Honorable Kevin A. Hess, is dated September 19, 2011. The Order, in pertinent part, grants the parties shared legal custody of the children. During the school year Mother was to have primary custody of Seneca R. Finkey and Father was to have primary custody of Cheyenne Finkey. During the summer, Mother and Father were to share custodial time equally as agreed upon by the parties. b. The second order, entered by The Honorable Thomas A. Placey, is dated August 15, 2012 and incorporated the terms of the September 19, 2011 , order but modified it to arrange for Seneca R. Finkey to participate in therapeutic family counseling sessions with other family members as recommended by the counselor. Within four months of the Order and completion of the therapeutic family counseling, either party could contact the conciliator to schedule a follow-up custody conciliation conference if necessary. c. Copies of the two orders are attached hereto as Exhibits A and B. 5. Father is entitled to a modification of the current order to grant him primary custody of Seneca and Cheyenne, which is in their best interest, for reasons including,but not limited to, the following: a. Since the entry of the August 15, 2012 order, Father has become aware of illegal drug activities occurring in Mother's house and on Mother's property. b. Since the entry of the August 15, 2012 order, Mother began dating George Edward Shover. On July 16, 2013, Mother married Mr. Shover. c. Mr. Shover has multiple convictions that fall under the offenses listed in 23 Pa.C.S.A. §5329. In 2006 and 2011, Mr. Shover pled guilty to manufacturing, delivering, or possessing a controlled substance with the intent to manufacture or deliver. In 2008, Mr. Shover pled guilty to possessing marijuana. (See Exhibits C) d. Father has been convicted of an offense listed under 23 Pa.C.S.A. §5329. In 2009, Father was found guilty of endangering the welfare of children. However, this was addressed in the last custody order, and Father has since followed all provisions of the custody order and has met the requirement of completing a parenting class. (A copy of the completion certificate dated September 28, 2011 is attached as Exhibit D) e. In 2012, Mother and Cheyenne were both charged with retail theft. Cheyenne was in Mother's custody at the time. (Docket sheets regarding the charges for Cheyenne and Mother are attached as Exhibit E) f. On July 4, 2013, Cheyenne used her cell phone to take three photographs depicting drug activities occurring on Mother's property. Mother was at home on this occasion and knew that illegal controlled substances were within her property and in her house. i. The first photograph shows marijuana openly lying on the surface of a table inside the house. (See Exhibit F) ii. The second photograph shows Nathan Cramer, a friend of Mr. Shover's, holding a bag of marijuana immediately outside the house, within Mother's property. (See Exhibit F) iii. The third photograph shows a marijuana water pipe lying on the same table that is shown in the second photograph. (See Exhibit F) g. The drug activities occurring on Mother's property take place while the children are present. h. Mother is unable to provide a safe home environment for the children. i. The frequent drug use that the children are exposed to during their custodial time with Mother is significantly detrimental to their welfare. 6. Father is the parent who can best provide for Seneca and Cheyenne for reasons including, but not limited to, the following: a. Father has a stable and safe home environment in which to raise the children. b. Father is willing to work cooperatively with Mother to ensure that she has frequent periods of supervised time with the girls in order to maintain their mother/daughter relationships. 7. Counsel for Father has confirmed that Mother is actively represented by the attorney of record in this case and is able to determine that Mother does not concur with the relief requested. WHEREFORE, Father respectfully requests that this Court: a. Schedule this matter for conciliation; b. Until the conciliation conference, order that Father have primary custody of the girls and that Mother have periods of supervised partial custody as agreed upon by the parties; c. Any other relief this Court finds just and proper. Respe•tij1 4j itted, of I„la` essi 3i7 o st, Esquire Mid'enn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 VERIFICATION The above-named PLAINTIFF/PETITIONER, JOSEPH FINKEY, verifies that the statements made in the above Petition for Contempt and Modification are true and correct. PLAINTIFF/PETITIONER understands that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: 7/z--//3 JodiPH F KEY EXHIBIT A Joseph Finkey, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION—LAW : IN CUSTODY Melissa Finkey(Kuhn), Defendant. : NO. 99-108 CIVIL TERM ORDER OF COURT AND NOW, this IQi1, day of /el/112er , 2011 upon consideration of the attached Custody Agreement,it is hereby ordered that this Custody Agreement shall take effect immediately and supersede all prior agreements and Orders. Mother, Melissa Kuhn, and Father, Joseph Finkey, desire to enter into an agreement as to the custody of Children, Cheyenne N. Finkey,born October 3, 1996 and Seneca R. Finkey,born August 22, 1998. Mother and Father agree to the following: 1. Mother and Father shall share legal custody of Children. 2. Mother shall have primary physical custody of Seneca R. Finkey. 3. Until Father completes counseling to satisfy the requirements of 23 Pa.C.S. § 5303(c), • Cheyenne N. Finkey shall reside at the residence of Father's mother,Mary Finkey. This agreement does not grant Father's mother primary custody of Cheyenne. It is further understood that upon the satisfactory completion of Father's counseling, custody will be reevaluated to determine whether Father will maintain primary physical custody of Cheyenne N. Finkey. Cheyenne N. Finkey will continue to reside with Father's mother until this reevaluation occurs. 4. Mother and Father will split primary physical custodial time with Children equally during the summer. The summer schedule will be agreed upon by the parties,in writing, one month prior to the completion of school for each child. If the parties cannot agree to a satisfactory summer schedule, one month prior to the completion of the school year the parties shall submit all dates regarding the completion and commencement of Children's school years to their attorneys so counsel can negotiate an agreement. 5. Mother and Father will work out a holiday schedule amongst themselves and put the finalized schedule in writing no later than one month prior to the holiday in question. If the parties cannot agree to a schedule that is satisfactory for both parties,the following holiday schedule will be used for all Major Holidays: a. Mother will have physical custody of Children for all Major Holidays in odd numbered years. b. Father will have physical custody of Children for all Major Holidays in even numbered years. 6. Major Holidays include: a. Thanksgiving b. Christmas c. New Years d. Easter e. Memorial Day 7. Step-Mother, Priscilla Finkey, shall not be left unsupervised with Children. 8. Mother and Father will notify each other of all medical care Children receive while in the parent's care. Mother and Father will notify the other immediately of medical emergencies which arise while Children are in that parent's care. 9. Neither parent will do anything which may estrange Children from the other party, or injure the opinion of Children as to the other parent or which may hamper the free and natural development of Children's love and respect for the other parent. 10. Father is represented by Jessica Hoist and Mother is represented by the Family Law Clinic. 11. The parties may modify the provisions of this agreement by mutual consent. In the absence of mutual consent,the terms of this Agreement shall control. BY THE COURT: -eemAL• A. ile,s8 TRUE COPY FROM RECORD +Y whereat there unto set my hand and the Nat Of sad Cotn at Carlisle,Pa. Cc: Jessica Holst,Esq. —Counsel for Plaintiff This--•�dayof; ,4,11;i7 20 IL The Family Law Clinic—Counsel for Defendant 1�. .�, , Prothonotary EXHIBIT B i /`� JOSEPH FINKEY • IN THE COURT OF COMMON PLEAS OF Plaintiff ▪ CUMBERLAND COUNTY, PENNSYLVANIA • vs. • 1999-108 CIVIL ACTION LAW • MELISSA FINKEY (KUHN) Defendant • IN CUSTODY ORDER OF COURT AND NOW, this l� day of A(A_Oi , 2012, upon consideration of the attached Custody Conciliation Report, it I's ordered and directed as follows: 1. The prior Order of this Court dated September 19, 2011 shall continue in effect as modified by this Order. 2. The parties shall make arrangements for Seneca, and other family members as recommended by the counselor, to participate in therapeutic family counseling with a professional to be selected by agreement between the parties. The purpose of the counseling shall be to assess Seneca's needs and emotional well-being in the context of the custodial arrangements and provide guidance to the parents as they make necessary decisions regarding the custody schedule. The parties shall select the counselor and contact the counselor's office within one week of the date of the custody conciliation conference to schedule the initial sessions. Unless otherwise agreed between the parties, any costs of the counseling which are not covered by insurance shall be shared equally between the parties. 3. Pending completion of the counseling and receipt by the parties of guidance from the counselor regarding Seneca's needs, during the school year, the Father shall have primary physical custody of Cheyenne Finkey, born October 3, 1996, and the Mother shall have primary physical custody of Seneca Finkey, born August 22, 1998. 4. The summer custody schedule in 2012, under which the parties had been sharing physical custody of the Children shall terminate on August 19, 2012 and the school year schedule shall begin thereafter. 5. Paragraph 7 of the prior Order of this Court dated September 18, 2011 is vacated and removed. 6. The Father's stepfather shall not be permitted to stay overnight at the residence of the Father and the Child or Children and shall not have any unsupervised contact with the Children. 7. Within four months of the date of this Order and after completion of the therapeutic family counseling required by this Order, counsel for either party may contact the conciliator to schedule a follow-up custody conciliation conference, if necessary, to review the custodial arrangements following counseling. 8. The parties shall not discuss the legal proceedings or custodial issues with the Children and shall insulate them as much as possible from the conflicts between the parties on these issues. 9. The parties shall follow all treatment recommendations of either Child's physician, including the administration of prescription medications unless otherwise agreed between the parties. 10. No party shall be permitted to relocate the residence of the Child which significantly impairs the ability to exercise custody unless every individual who has custodial rights to the Child consents to the proposed relocation or the Court approves the proposed relocation. A person proposing to relocate MUST comply with 23 Pa. C.S. § 5337. 11. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 12. 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 jaT oma ' • Placdy Common pleas ]udga cc: Jessica Holst Esquire—Counsel for Father Christen Rafuse and Megan Riesmeyer Esquire—Counsel for Mother L_3 r f_'- -ewe' --aL. ED-1' a L`' r-,C TRUE COPY FROM RECORD In Testimony whereof,I here unto set my hand and the seal of said at Carlisle.Pa. The 1✓� day of 20 4,41_ Prothonotary EXHIBIT C Cumberland County Court of Common Pleas Court Summary Shover,George Edward DOB:05/11/1977 Sex:Male Carlisle,PA 17013 Eyes:Brown Aliases: Hair:Brown George E.Shover Race:Black George Edward Shover George Everett Shover Closed Cumberland CP-21-CR-0001161-2000 Proc Status:Migrated Final Disposition DC No: OTN:L0585491 Arrest Dt:03/21/2000 Disp Date:08/22/2000 Disp Judge:Oler,J Wesley J Jr. Def Atty:Andrews,Taylor Putney-(PR) Seq No Statute Grade Description Disposition 1 18§2701 M2 Simple Assault Quashed,Dismissed, Demurrer Sustained 2 18§2701 M2 Simple Assault Quashed,Dismissed, Demurrer Sustained 3 18§2709 S Harassment/Strike,Shove,Kick,Etc. Guilty Plea CP-21-CR-0001429-2006 Proc Status:Sentenced/Penalty Imposed DC No: OTN:K3921212 Arrest Dt:05/18/2006 Disp Date:09/11/2006 Disp Judge:Hess,Kevin A. Def Atty:Waller,Ada M.-(PD) Seq No Statute Grade Description Disposition Sentence Dt. Sentence Type Program Period Sentence Length 1 35§780-113 F Manuf/Del/Poss/VV Int Manuf Or Del Guilty Plea 11/28/2006 Confinement Other Min: 1 Year(s)Max:2 Year(s) 2 35§780-113 F Manuf/Del/Poss/VV Int Manuf Or Del Quashed 3 18§7512 F3 Criminal Use Of Communication Quashed Facility 4 18§7512 F3 Criminal Use Of Communication Quashed Facility CP-21-CR-0000777-2008 Proc Status:Completed DC No: OTN:K7277756 Arrest Dt: Disp Date:03/19/2008 Disp Judge:Brewbaker,Jessica E. Sea No Statute Grade Description Disposition, 1 35§780-113 M Poss Of Marijuana Guilty Plea(Lower Court) 2 18§5123 F2 Possess Control Subs, Withdrawn Contraband/Inmate CP-21-CR-0002770-2010 Proc Status:Sentenced/Penalty Imposed DC No: OTN:S1415993 Arrest Dt: Disp Date:03/03/2011 Disp Judge:Guido, Edward E. Def Atty:Abeln,Attorney Greg-(PR) Sea No Statute Grade Description Disposition Sentence Dt. Sentence Type Program Period Sentence Length 1 35§780-113 F Manufacture,Delivery,or Possession Guilty Plea With Intent to Manufacture or Deliver CPCMS 3541 1 Printed:7/25/2013 1:48 PM Recent entries made in the court filing offices may not be immediately reflected on the court summary report. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Court Summary Report information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S.Section 9183. Please note that if the offense disposition information is blank, this only means that there is not a "final disposition" recorded in the Common Pleas Criminal Court Case Management System for this offense. In such an instance, you must view the public web docket sheet of the case wherein the offense is charged in order to determine what the most up-to-date disposition information is for the offense. Cumberland County Court of Common Pleas Court Summary Shover,George Edward(Continued) Closed(Continued) Cumberland(Continued) Sea No Statute Grade Description Disposition Sentence Dt. Sentence Type Program Period Sentence Length 06/14/2011 Confinement Other Min:3 Month(s)Max:23 Month(s) CP-21-CR-0002855-2010 Proc Status:Sentenced/Penalty Imposed DC No: OTN:S1416170 Arrest Dt: Disp Date:03/03/2011 Disp Judge:Guido,Edward E. DefAtty:Abeln,Greg-(PR) Seq No Statute Grade Description Disposition Sentence Dt. Sentence Type Program Period Sentence Length 1 35§780-113 F Manufacture, Delivery,or Possession Nolo Contendere With Intent to Manufacture or Deliver 06/14/2011 Probation Other Min:24 Month(s)Max:24 Month(s) 2 35§780-113 M Use/Poss Of Drug Paraph Dismissed 99999 35§780-113 M Manuf Etc Controlled Substance Charge Changed Archived CP-21-CR-0000297-1997 Comm.v.Shover,George CP-21-CR-0001438-1997 Comm.v.Shover,George CP-21-CR-0001420-1998 Comm.v.Shover,George CP-21-JV-0030111-1990 In the Interest of:Shover,George,a Minor CPCMS 3541 2 Printed:7/25/2013 1:48 PM Recent entries made in the court filing offices may not be immediately reflected on the court summary report. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Court Summary Report information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S.Section 9183. Please note that if the offense disposition information is blank, this only means that there is not a "final disposition" recorded in the Common Pleas Criminal Court Case Management System for this offense. In such an instance, you must view the public web docket sheet of the case wherein the offense is charged in order to determine what the most up-to-date disposition information is for the offense. EXHIBIT D lternative Toll Free: 1-866-470 11 eha�T :1C Phone:241-6t FAX:241-6i nsultai14ts 224 South Hanover Street, Carlisle PA 170' COI PLETION NOTICE for POSITIVE PARENTING CLASS TO: S•C55 i CQ RE: Dare of Class a114 I 1 The above named individual was referred to our Positive Parenting Class Please note in their records that they DID ATTEND the above stated class and completed all the requirements of the classes. If you have any questions,please feel free to contact us at 241-6870. Thank you for your refer al, Kim Sweger LCSW,BCD Program Administrator N� 1 J es3i ca t fb ��. ALTERNATIVE � BEHAVIOR am CONSULTANTS S 224 S. Hanover St. Carlisle PA 17013 Phone: (717)241-6870 Fax: (717)241-6794 POSITIVE PARENTING This is a three hour group class designed to address the foundations of parental responsibilities and positive practices that set the framework for an effective family system. This is a group class, kept to a maximum of 10 participants. It is not a lecture only context, and group discussion is required. We do not address specifics of each participant's familial need, but do try to use daily examples given to add meaning to the discussion The Positive Parenting class is a prerequisite for many of our other classes that are more specific to topics on behavior management, co-parenting and other issues. Topics Covered include: • Setting limits and boundaries at home • Importance of structure and organization to environments • Positive communication techniques • Understanding Child Development • Positive Behavioral Management Strategies • Parenting effectively without physical punishment • How to set age appropriate expectations for children • Authority vs Power and Teaching vs Punishing Go to ABChelps.ccm to see a list of other parenting classes offered. ABCheips.corn EXHIBIT E • Magisterial District Judge 09-2-02 ?;:*4-.4`,!.:1.-"N14'.. .. ,4.. Docket Number: MJ-09202-NT-0000871-2012 Non-Traffic Docket Commonwealth of Pennsylvania e Che y enne•N Finkey Page 1 of 1 Judge Assigned: Magisterial District Judge Jessica Issue Date: Brewbaker OTN: File Date: 10/09/2012 Arresting Agency: Carlisle Boro Police Dept Arrest Date: Citation#: P 9010634-3 Disposition: Coun : Cumberland Disposition Date: Township: Carlisle Boro p Case Status: Active _ 3 �4 10. ,!) 4Ar;4§jini Case Status Status Date Processing Status Active 10/09/2012 Awaiting Plea Case Calendar Schedule Schedule Event Tvpe Start Date Start Time Room Judge Name Status Hearing 12/10/2012 8:00 am Magisterial District Judge Scheduled y .y W ffi q T Jessica Brewbaker .u.. Name: Finkey,Cheyenne N Sex: Female Date of Birth: 10/03/1996 Race: White Address(es): Home Carlisle,PA 17013 yy Participant Type Participant Name - Arresting Officer Bucher,Joshua J Defendant a Finkey,Cheyenne N(Juvenile) #Charge .. Grade Description Offense Dt. Disposition 1 18§3929§§Al .. S RETAIL THEFT-TAKE MDSE •y 10/07/2012 .. 4-�- t.> ?'.[w {. •�. �{_U., rld'a Filed Date ntry filer Applies o 10/09/2012 Non-Traffic Citation Filed Magisterial District Court 09-2-02 MDJS 1200 Printed:10/11/2012 4:09 pm Recent entries made in the court filing offices may not be immediately reflected,on these docket sheets.Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assumes any liability for inaccurate or delayed data,errors or omissions on these docket-sheets.Docket sheet information should not be used in place-of-a criminal history background check,which can-only be provided by the Pennsylvania State Police. Employers who do not comply with the provisions of the Criminal History Record Information Act (18 Pa.C.S. Section 9101 et seq.)may be subject to civil liability as set forth in 18 Pa.C.S.Section 9183. Magisterial District Court 09-2-02 Public Court Summary .t a „,S�' ,+��+ W4 ;;^� ryy.,•'' bW ?jj- .;,� .:; ..gp 4t "'mot ' '� � ,.- k ®. v a c� '4 '4§Via` zx�. � ,, sa"? �*' �` as^ .�`S" tt" '� _v"y(� 5:+'+4��-'�. `w '""�V v v �x 0,t w 'k.. 5`y Court:MDJ-09-2-02 Closed MJ-09202-CR-0000245-2008 Processing Status:Completed OTN:K 827580-5 Arrest Date: Disp.Event Date:09/02/2008 Last Action:Hearing Last Action Date:09/03/2008 Next Action: Next Action Date: Statute Grade Description Disposition Counts 18§3924 Theft Property Lost Etc By Mistake Dismissed 1 MJ-09202-CR-0000114-2009 Processing Status:Completed OTN:L 472072-6 Arrest Date:03/16/2009 Disp.Event Date:04/29/2009 Last Action:Preliminary Hearing Last-Action Date:04/29/2009 Next Action: Next Action Date: Statute Grade Description Disposition Counts 18§2701 §§A3 Simple Assault Withdrawn 1 18§2709§§Al S Harassment-Subject Other to Physical Move to Non-Traffic 1 Contact MJ-09202-NT-0000314-2009 Processing Status:Completed OTN: Arrest Date: Disp.Event Date:04/29/2009 Last Action: Last Action Date: Next Action: Next Action Date: Statute Grade Description Disposition Counts 18§2709§§Al S Harassment-Subject Other to Physical Guilty Plea 1 Contact MJ-09202-NT-0000869-2012 Processing Status:Completed OTN:T 249652-4 Arrest Date: Disp.Event Date:05/01/2013 Last Action:Hearing Last Action Date:05/02/2013 Next Action: Next Action Date: Statute Grade Description Disposition Counts 18§3929§§A1 S Retail Theft-Take Mdse Dismissed 1 County:Cumberland Closed MJ-09303-NT-0000585-2012 Processing Status:Completed OTN: Arrest Date: Disp.Event Date:01/03/2013 Last Action:Hearing Last Action Date:01/03/2013 Next Action: Next Action Date: MDJS 1210. 1 Printed:07/25/2013 2:15:10PM Recent entries made in the court filing offices may not be immediately reflected on the court summary report. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assumes any liability for inaccurate or delayed data, errors or omissions on these reports. Court summary report information should not be used in place of a criminal history background check, which can only be provided by the Pennsylvania State Police. Employers who do not comply with the provisions of the Criminal History Record Information Act(18 Pa.C.S.Section 9101 et seq.)may be subject to civil liability as set forth in 18 Pa.C.S.Section 9183. Please note that if the offense disposition information is blank, this only means that there is not a "final disposition" recorded in the-Magisterial District Court Case Management System for this offense. In such an instance, you must view the public web docket sheet of the case wherein the offense Public Court Summary ut n M ttss�+}t Say t $2ift9 ` g 4 i ?Fetia 1.47 x ' rs .� ? `, '� r r'< 'x. ? ? 5 a V v r , � '¥. ..x 0 1 •44,405 1� County:Cumberland Closed Statute Grade Description Disposition Counts 18§5505 S Public Drunkenness And Similar Guilty Plea 1 Misconduct MDJS 1210 2 Printed:07/25/2013 2:15:10PM Recent entries made in the court filing offices may not be immediately reflected on the court summary report. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assumes any liability for inaccurate or delayed data, errors or omissions on these reports. Court summary report information should not be used in place of a criminal history background check, which can only be provided by the Pennsylvania State Police. Employers who do not comply with the provisions of the Criminal History Record Information Act(18 Pa.C.S.Section 9101 et seq.)may be subject to civil liability as set forth in 18 Pa.C.S.Section 9183. Please note that if the offense disposition information is blank, this only means that there is not a "final disposition" recorded in the Magisterial District Court Case Management System for this offense. In such an instance, you must view the public web docket sheet of the case wherein the offense EXHIBIT F r 4 1 , . , , . ...„.. y , „6, • , / • I i I . y. i r JOSEPH FINKEY, : IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNS fLV IA' order but modified it to arrange for Seneca R. Finkey to participate in therapeutic family counseling sessions with other family members as recommended by the counselor. Within four months of the Order and completion of the therapeutic family counseling, either party could contact the conciliator to schedule a follow-up custody conciliation conference if necessary. c. Copies of the two orders are attached hereto as Exhibits A and B. 5. Mother is not acting in the children's best interests for reasons including but not limited to, the following: a. Since the entry of the August 15, 2012 order, Father has become aware of illegal drug activities occurring in Mother's house and on Mother's property. b. Since the entry of the August 15, 2012 order, Mother began dating George Edward Shover. On July 16, 2013, Mother married Mr. Shover. c. Mr. Shover has multiple convictions that fall under the offenses listed in 23 Pa.C.S.A. §5329. In 2006 and 2011, Mr. Shover pled guilty to manufacturing, delivering, or possessing a controlled substance with the intent to manufacture or deliver. In 2008, Mr. Shover pled guilty to possessing marijuana. (See Exhibits C) d. Father has been convicted of an offense listed under 23 Pa.C.S.A. §5329. In 2009, Father was found guilty of endangering the welfare of children. However, this was addressed in the last custody order, and Father has since followed all provisions of the custody order and has met the ! l requirement of completing a parenting class. (A copy of the completion certificate dated September 28, 2011 is attached as Exhibit D) e. In 2012, Mother and Cheyenne were both charged with retail theft. Cheyenne was in Mother's custody at the time. (Docket sheets regarding the charges for Cheyenne and Mother are attached as Exhibit E) f. On July 4, 2013, Cheyenne used her cell phone to take three photographs depicting drug activities occurring on Mother's property. Mother was at home on this occasion and knew that illegal controlled substances were within her property and in her house. i. The first photograph shows marijuana openly lying on the surface of a table inside the house. (See Exhibit F) ii. The second photograph shows Nathan Cramer, a friend of Mr. Shover's, holding a bag of marijuana immediately outside the house, within Mother's property. (See Exhibit F) iii. The third photograph shows a marijuana water pipe lying on the same table that is shown in the second photograph. (See Exhibit F) g. The drug activities occurring on Mother's property take place while the children are present. h. Mother is unable to provide a safe home environment for the children. i. The frequent drug use that the children are exposed to during their custodial time with Mother is significantly detrimental to their welfare. 6. Father is the parent who can best provide for Seneca and Cheyenne for reasons including,but not limited to, the following: a. Father has a stable and safe home environment in which to raise the children. b. Father is willing to work cooperatively with Mother to ensure that she has frequent periods of supervised time with the girls in order to maintain their mother/daughter relationships. 7. Without this Court's intervention, Seneca and Cheyenne will continue living in an unsafe environment while being exposed to illegal drug activities. 8. Counsel for Father has confirmed that Mother is actively represented by the attorney of record in this case and is able to determine that Mother does not concur with the relief requested. WHEREFORE, Father respectfully requests that this Court: a. Schedule this matter for an expedited custody conciliation; b. Until the conciliation conference, order that Father have primary custody of the girls and that Mother have periods of supervised partial custody as agreed upon by the parties; c. The local police or other appropriate law enforcement agency shall assist Father in regaining custody of Seneca and Cheyenne from Mother or another adult who may have custody of the girls; d. Any other relief this Court finds just and proper. Respectfully submitted, A1111g� J; si•. e lst, Esquire MidP; Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 • VERIFICATION The above-named PETITIONER, Joseph Finkey, verifies that the statements made in the above PETITION FOR EMERGENCY RELIEF are true and correct. Petitioner understands that false statements herein are made subject to the penalties of 18 Pa. C. S. §4904 , relating to unsworn falsification to authorities . Date: 7/°2(/ 3 os�ph Finkey EXHIBIT A Joseph Finkey, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION—LAW : IN CUSTODY Melissa Finkey (Kuhn), Defendant. : NO. 99-108 CIVIL TERM ORDER OF COURT AND NOW, this jQ day of 4erylbEr , 2011 upon consideration of the attached Custody Agreement,it is hereby ordered that this Custody Agreement shall take effect immediately and supersede all prior agreements and Orders. Mother, Melissa Kuhn, and Father, Joseph Finkey, desire to enter into an agreement as to the custody of Children, Cheyenne N. Finkey,born October 3, 1996 and Seneca R. Finkey,born August 22, 1998. Mother and Father agree to the following: 1. Mother and Father shall share legal custody of Children. 2. Mother shall have primary physical custody of Seneca R. Finkey. 3. Until Father completes counseling to satisfy the requirements of 23 Pa.C.S. § 5303(c), Cheyenne N. Finkey shall reside at the residence of Father's mother,Mary Finkey. This agreement does not grant Father's mother primary custody of Cheyenne. It is further understood that upon the satisfactory completion of Father's counseling, custody will be reevaluated to determine whether Father will maintain primary physical custody of Cheyenne N. Finkey. Cheyenne N. Finkey will continue to reside with Father's mother until this reevaluation occurs. 4. Mother and Father will split primary physical custodial time with Children equally during the summer. The summer schedule will be agreed upon by the parties,in writing, one month prior to the completion of school for each child. If the parties cannot agree to a satisfactory summer schedule, one month prior to the completion of the school year the parties shall submit all dates regarding the completion and commencement of Children's school years to their attorneys so counsel can negotiate an agreement. 5. Mother and Father will work out a holiday schedule amongst themselves and put the finalized schedule in writing no latter than one month prior to the holiday in question. If the parties cannot agree to a schedule that is satisfactory for both parties, the following holiday schedule will be used for all Major Holidays: a. Mother will have physical custody of Children for all Major Holidays in odd numbered years. b. Father will have physical custody of Children for all Major Holidays in even numbered years. 6. Major Holidays include: a. Thanksgiving b. Christmas c. New Years d. Easter e. Memorial Day 7. Step-Mother, Priscilla Finkey, shall not be left unsupervised with Children. 8. Mother and Father will notify each other of all medical care Children receive while in the parent's care. Mother and Father will notify the other immediately of medical emergencies which arise while Children are in that parent's care. 9. Neither parent will do anything which may estrange Children from the other party, or injure the opinion of Children as to the other parent or which may hamper the free and natural development of Children's love and respect for the other parent. 10. Father is represented by Jessica Hoist and Mother is represented by the Family Law Clinic. 11. The parties may modify the provisions of this agreement by mutual consent. In the absence of mutual consent,the terms of this Agreement shall control. BY THE COURT: -ee,NAL• A. litga TRUE COPY FROM RECORD TAY w(sO(.I here unto set my hand r nd the Seat of said •_ at Carlisle,Pa. Cc: Jessica Holst,Esq. —Counsel for Plaintiff this day of b ,201L , The Family Law Clinic—Counsel for Defendant �/ , �; Prothonotary V EXHIBIT B JOSEPH FINKEY • IN THE COURT OF COMMON PLEAS OF Plaintiff • CUMBERLAND COUNTY, PENNSYLVANIA • vs. 1999-108 CIVIL ACTION LAW • • MELISSA FINKEY (KUHN) Defendant • IN CUSTODY ORDER OF COURT AND NOW, this `S day of Akci , 2012, upon consideration of the attached Custody Conciliation Report, it rs ordered and directed as follows: 1. The prior Order of this Court dated September 19, 2011 shall continue in effect as modified by this Order. 2. The parties shall make arrangements for Seneca, and other family members as recommended by the counselor, to participate in therapeutic family counseling with a professional to be selected by agreement between the parties. The purpose of the counseling shall be to assess Seneca's needs and emotional well-being in the context of the custodial arrangements and provide guidance to the parents as they make necessary decisions regarding the custody schedule. The parties shall select the counselor and contact the counselor's office within one week of the date of the custody conciliation conference to schedule the initial sessions. Unless otherwise agreed between the parties, any costs of the counseling which are not covered by insurance shall be shared equally between the parties. 3. Pending completion of the counseling and receipt by the parties of guidance from the counselor regarding Seneca's needs, during the school year, the Father shall have primary physical custody of Cheyenne Finkey, born October 3, 1996, and the Mother shall have primary physical custody of Seneca Finkey, born August 22, 1998. 4. The summer custody schedule in 2012, under which the parties had been sharing physical custody of the Children shall terminate on August 19, 2012 and the school year schedule shall begin thereafter. 5. Paragraph 7 of the prior Order of this Court dated September 18, 2011 is vacated and removed. 6. The Father's stepfather shall not be permitted to stay overnight at the residence of the Father and the Child or Children and shall not have any unsupervised contact with the Children. 7. Within four months of the date of this Order and after completion of the therapeutic family counseling required by this Order, counsel for either party may contact the conciliator to schedule a follow-up custody conciliation conference, if necessary, to review the custodial arrangements following counseling. 8. The parties shall not discuss the legal proceedings or custodial issues with the Children and shall insulate them as much as possible from the conflicts between the parties on these issues. 9. The parties shall follow all treatment recommendations of either Child's physician, including the administration of prescription medications unless otherwise agreed between the parties. 10. No party shall be permitted to relocate the residence of the Child which significantly impairs the ability to exercise custody unless every individual who has custodial rights to the Child consents to the proposed relocation or the Court approves the proposed relocation. A person proposing to relocate MUST comply with 23 Pa. C.S. § 5337. 11. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 12. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT T oma Common Pleas Judge cc: Jessica Holst Esquire—Counsel for Father Christen Rafuse and Megan Riesmeyer Esquire—Counsel for Mother rTi r if) Ul '73 n C re) F. CD TRUE COPY FROM RECORD In Testimony whereof,I here unto set my hand and the seal of said rt at Carlisle,Pa. TIC IS day of�,20 4 Prothonotary EXHIBIT C • Cumberland County Court of Common Pleas A Court Summary Shover,George Edward DOB:05/11/1977 Sex:Male Carlisle,PA 17013 Eyes:Brown Aliases: Hair:Brown George E.Shover Race:Black George Edward Shover George Everett Shover Closed Cumberland CP-21-CR-0001161-2000 Proc Status:Migrated Final Disposition DC No: OTN:L0585491 Arrest Dt:03/21/2000 Disp Date:08/22/2000 Disp Judge:Oler,J Wesley J Jr. Def Atty:Andrews,Taylor Putney-(PR) Seq No Statute Grade Description Disposition 1 18§2701 M2 Simple Assault Quashed,Dismissed, Demurrer Sustained 2 18§2701 M2 Simple Assault Quashed,Dismissed, Demurrer Sustained 3 18§2709 S Harassment/Strike,Shove,Kick,Etc. Guilty Plea CP-21-CR-0001429-2006 Proc Status:Sentenced/Penalty Imposed DC No: OTN:K3921212 Arrest Dt:05/18/2006 Disp Date:09/11/2006 Disp Judge:Hess, Kevin A. Def Atty:Waller,Arla M.-(PD) Seq No Statute Grade Description Disposition Sentence Dt. Sentence Type Program Period Sentence Length 1 35§780-113 F Manuf/Del/Poss/W Int Manuf Or Del Guilty Plea 11/28/2006 Confinement Other Min: 1 Year(s)Max:2 Year(s) 2 35§780-113 F Manuf/Del/Poss/VV Int Manuf Or Del Quashed 3 18§7512 F3 Criminal Use Of Communication Quashed Facility 4 18§7512 F3 Criminal Use Of Communication Quashed Facility CP-21-CR-0000777-2008 Proc Status:Completed DC No: OTN:K7277756 Arrest Dt: Disp Date:03/19/2008 Disp Judge:Brewbaker,Jessica E. Seq No Statute Grade Description Disposition 1 35§780-113 M Poss Of Marijuana Guilty Plea(Lower Court) 2 18§5123 F2 Possess Control Subs, Withdrawn Contraband/Inmate CP-21-CR-0002770-2010 Proc Status:Sentenced/Penalty Imposed DC No: OTN:S1415993 Arrest Dt: Disp Date:03/03/2011 Disp Judge:Guido, Edward E. Def Atty:Abeln,Attorney Greg-(PR) Sea No Statute Grade Description Disposition Sentence Dt. Sentence Type Program Period Sentence Length 1 35§780-113 F Manufacture,Delivery,or Possession Guilty Plea With Intent to Manufacture or Deliver CPCMS 3541 1 Printed:7/25/2013 1:48 PM Recent entries made in the court filing offices may not be immediately reflected on the court summary report. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Court Summary Report information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S.Section 9183. Please note that if the offense disposition information is blank, this only means that there is not a "final disposition" recorded in the Common Pleas - Criminal Court Case Management System for this offense. In such an instance, you must view the public web docket sheet of the case wherein the offense is charged in order to determine what the most up-to-date disposition information is for the offense. Cumberland County Court of Common Pleas ,4tr Court Summary Shover,George Edward(Continued) Closed(Continued) Cumberland(Continued) Sea No Statute Grade Description Disposition Sentence Dt. Sentence Type Program Period Sentence Length 06/14/2011 Confinement Other Min:3 Month(s)Max:23 Month(s) CP-21-CR-0002855-2010 Proc Status:Sentenced/Penalty Imposed DC No: OTN:S1416170 Arrest Dt: Disp Date:03/03/2011 Disp Judge:Guido, Edward E. DefAtty:Abeln,Greg-(PR) Sea No Statute Grade Description Disposition Sentence Dt. Sentence Type Program Period Sentence Length 1 35§780-113 F Manufacture, Delivery,or Possession Nolo Contendere With Intent to Manufacture or Deliver 06/14/2011 Probation Other Min:24 Month(s)Max:24 Month(s) 2 35§780-113 M Use/Poss Of Drug Paraph Dismissed 99999 35§780-113 M Manuf Etc Controlled Substance Charge Changed Archived CP-21-CR-0000297-1997 Comm.v.Shover,George CP-21-CR-0001438-1997 Comm.v.Shover,George CP-21-CR-0001420-1998 Comm.v.Shover,George CP-21-JV-0030111-1990 In the Interest of:Shover,George,a Minor CPCMS 3541 2 Printed:7/25/2013 1:48 PM Recent entries made in the court filing offices may not be immediately reflected on the court summary report. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Court Summary Report information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S.Section 9183. Please note that if the offense disposition information is blank, this only means that there is not a "final disposition" recorded in the Common Pleas Criminal Court Case Management System for this offense. In such an instance, you must view the public web docket sheet of the case wherein the offense is charged in order to determine what the most up-to-date disposition information is for the offense. EXHIBIT D 0..4,,I...,1...,...,,ISA.ISO, .,J L. , � ,-L .�-.;: ., �..:. I• Iternative Toll Free: 1-866-470 T,3 B Phone:241-Si eha�j£.. r FAX:241-Si enStlitantS a(-i 3 401-C I 224 South Hanover Street, Carlisle PA 170' COI , PLETION NOTICE for POSITIVE PARENTING CLASS TO: Se55(Ca lib 1L. t RE: Joseph r;()Ite.-C\ l Date of Class 1��1 I f The above named individual was referred to our Positive Parenting Class Please note in their records that they DID ATTEND the above stated class and completed all the requirements of the classes. If you have any questions, please feel free to contact us at 241-6870. 1 I Thank you for your referral, Kim Sweger L(SW,BCD Program Administrator � � 1 i I V VI.G. I I VJ.T IGI 1111Ci111G11IV G 1JGI IQV IVI VOL. / IIL'P ITV/.7 t N. I s% • • All ; Jess(ca 1 f ��- ��� ALTERNATIV cA1IIIHE AVIOR .j CONSULTANTS. • - 224 S Hanover St. Carlisle PA 17013 Phone: (717)241-6870 Fax: (717)241-6794 POSITIVE PARENTING This is a three hour group class designed to address the foundations of parental responsibilities and positive practices that set the framework for an effective family system. This is a group class, kept to a maximum of 10 participants. It is not a lecture only context, and group discussion is required. We do not address specifics of each participant's familial need, but do try to use daily examples given to add meaning to the discussion The Positive Parenting class is a prerequisite for many of our other classes that are more specific to topics on behavior management, co-parenting and other issues. Topics Covered include: • Setting limits and boundaries at home • Importance of structure and organization to environments • Positive communication techniques • Understanding Child Development • Positive Behavioral Management Strategies • Parenting effectively without physical punishment • How to set age appropriate expectations for children • Authority vs Power and Teaching vs Punishing Go to ABChelps.ccm to see a list of other parenting classes offered. ABChelps.com EXHIBIT E Magisterial District Judge 09-2-02 � {; Ei s. .8 � +* Docket MJ-09202-NT-0000871-2012 � �i Non-Traffic Docket ,ri! P* om` ct, �, W,, Commonwealth of Pennsylvania v. ° (J e Ala Cheyenne•N Finkey Page 1 of 1 � <'a�s�,,,`"s�, Judge Assigned: Magisterial District Judge Jessica Issue Date: Brewbaker OTN: File Date: 10/09/2012 Arresting Agency: Carlisle Boro Police Dept Arrest Date: Citation#: P 9010634-3 Disposition: Coun : Cumberland Disposition Date: Township: Carlisle Boro Case Status: Active Case Status Status Date Processing Status • Active 10/09/2012 Awaiting Plea Case Calendar Schedule Schedule Event Type Start Date Start Time Room Judge Name Status Hearing 12/10/2012 8:00 am Magisterial District Judge Scheduled Jessica Brewbaker �® aV g p ys�r , .. � .R`..U�n. .✓.,R� .... Name: Finkey,Cheyenne N ex: Female Date of Birth: 10/03/1996 Race: White Address(es): Home • • Carlisle,PA 17013 Participant Type Participant Name - Arresting Officer Bucher,Joshua J Defendant a Finkey,Cheyenne N(Juvenile) ? s, #Charge Grade Description Offense Dt. Disposition 1 18§3929§§Al S RETAIL THEFT-TAKE MDSE 10/07/2012 Filed Date Entry Filer Applies To 10/09/2012 Non-Traffic Citation Filed Magisterial District Court 09-2-02 MDJS 1200 Printed:10/11/2012 4:09 pm Recent entries made in the court filing offices may not be immediately reflected,on these docket sheets.Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assumes any liability for inaccurate or delayed data,errors or omissions on these docket sheets.Docket sheet information should not be used in place of a criminal history background check,which can only be provided by the Pennsylvania State Police. Employers who do not comply with the provisions of the Criminal History Record Information Act (18 Pa.C.S. Section 9101 et seq.)may be subject to civil liability as set forth in 18 Pa.C.S.Section 9183. • . • Magisterial District Court 09-2-02 ;.5 Public Court Summary Kuhn,Mel S$a Sue i &1©/x21/19'79 Sex I e Car st"iPA.17#1$ ye� i Race White Court:MDJ-09-2-02 Closed MJ-09202-CR-0000245-2008 Processing Status:Completed OTN:K 827580-5 Arrest Date: Disp.Event Date:09/02/2008 Last Action:Hearing Last Action Date:09/03/2008 Next Action: Next Action Date: Statute Grade Description Disposition Counts 18§3924 Theft Property Lost Etc By Mistake Dismissed 1 MJ-09202-CR-0000114-2009 Processing Status:Completed OTN:L 472072-6 Arrest Date:03/16/2009 Disp.Event Date:04/29/2009 Last Action:Preliminary Hearing Last Action Date:04/29/2009 Next Action: Next Action Date: Statute Grade Description Disposition Counts 18§2701 §§A3 Simple Assault Withdrawn 1 18§2709§§Al S Harassment-Subject Other to Physical Move to Non-Traffic 1 Contact MJ-09202-NT-0000314-2009 Processing Status:Completed OTN: Arrest Date: Disp.Event Date:04/29/2009 Last Action: Last Action Date: Next Action: Next Action Date: Statute Grade Description Disposition Counts 18§2709§§Al S Harassment-Subject Other to Physical Guilty Plea 1 Contact MJ-09202-NT-0000869-2012 Processing Status:Completed OTN:T 249652-4 Arrest Date: Disp. Event Date:05/01/2013 Last Action:Hearing Last Action Date:05/02/2013 Next Action: Next Action Date: Statute Grade Description Disposition Counts 18§3929§§Al S Retail Theft-Take Mdse Dismissed 1 County:Cumberland Closed MJ-09303-NT-0000585-2012 Processing Status:Completed OTN: Arrest Date: Disp.Event Date:01/03/2013 Last Action:Hearing Last Action Date:01/03/2013 Next Action: Next Action Date: MDJS 1210 1 Printed:07/25/2013 2:15:10PM Recent entries made in the court filing offices may not be immediately reflected on the court summary report. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assumes any liability for inaccurate or delayed data, errors or omissions on these reports. Court summary report information should not be used in place of a criminal history background check, which can only be provided by the Pennsylvania State Police. Employers who do not comply with the provisions of the Criminal History Record Information Act(18 Pa.C.S.Section 9101 et seq.)may be subject to civil liability as set forth in 18 Pa.C.S.Section 9183. Please note that if the offense disposition information is blank, this only means that there is not a "final disposition" recorded in the Magisterial District Court Case Management System for this offense. In such an instance, you must view the public web docket sheet of the case wherein the offense Public Court Summary Ulhn, e0ss $ue 008:,44,11/1979 ' x Female C.arttsle l�A 170"13 y „ fl Brown ,,,,Race:White County:Cumberland Closed Statute Grade Description Disposition Counts 18§5505 S Public Drunkenness And Similar Guilty Plea 1 Misconduct MDJS 1210 2 Printed:07/25/2013 2:15:10PM Recent entries made in the court filing offices may not be immediately reflected on the court summary report. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assumes any liability for inaccurate or delayed data, errors or omissions on these reports. Court summary report information should not be used in place of a criminal history background check, which can only be provided by the Pennsylvania State Police. Employers who do not comply with the provisions of the Criminal History Record Information Act(18 Pa.C.S.Section 9101 et seq.)may be subject to civil liability as set forth in 18 Pa.C.S.Section 9183. Please note that if the offense disposition information is blank, this only means that there is not a "final disposition" recorded in the Magisterial District Court Case Management System for this offense. In such an instance, you must view the public web docket sheet of the case wherein the offense EXHIBIT F t • . �.t , '' ...4 . ..,...„...... . .;„,,,,._. . ., . ,, . . _ „.,,,,, . ... _.... . . ..,,, ,,p.,:ft. . . . .. ._,, ..., ,... . _ _, _ , „,,,,. . :,.......,,,. .: , , .. , ,. .... ., , *° u».wa? , v"" R y r+ . 0 JOSEPH FINKEY, : IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. (Q- /08 CIVIL TERM • MELISSA KUHN (n/k/a MELISSA SHOVER), Defendant/Respondent : CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Joseph Finkey, Plaintiff/Petitioner, to proceed in forma pauperis. I, Jessica Holst, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. A Jca , Esquire MidPenn egal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 r:x e.., r\.) ` • -- -`> JOSEPH FINKEY, Plaintiff/Petitioner V. IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL COURT MELISSA KUHN 1999-00108 CIVIL TERM (n/k/a MELISSA SHOVER), Defend ant/Respondent IN CUSTODY IN RE: PETITION TO SCHEDULE CUSTODY HEARING. ORDER OF COURT AND NOW, this day of 2013, upon consideration of Petitioner's Petition for Emergency Relief, it is ORDERED that a CUSTODY CONSILATION CONFERENCE will be held on 13 August 2013, at 1:00pm at the office of Dawn Sunday located at 39 W. Main Street, Mechanicsburg, PA. Until a resolution is achieved, it is further ORDERED that neither child, Cheynne N. Finkey or Seneca R. Finkey, is to reside at the same location as a person who has not had an evaluation under 23 Pa.C.S. § 5329. Appearing that George Edward Shover has multiple convictions that require a § 5329 evaluation and that no evaluation has been completed, it is ORDERED that the children may not reside in the same house as Mr. Shover. Until resolution is achieved, the children may live with their father, but the children may only live with their mother if Mr. Shover resides elsewhere. Y THE C-01 , VMVAUSNN]d Thomas A. Placey C.P.J. Distribution: `11,"n 33 0'4V I d3@gn-. ,/Jessica Hoist, Esq. L�C :01 ,-IV Community Law Clinic JOSEPH FINKEY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. M 1999-108 CIVIL ACTION LAW Cn f C� MELISSA KUHN N/K/A/MELISSA SHOVER IN CUSTODY DEFENDANT X C= —ir-A C* ORDER OF COURT AND NOW, Thursday,August 01,2013 —, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S.Sunday,Esq. the conciliator, at 39 West Main Street, Mechanicsburg,PA 17055 on Tuesday,August 13,2013 1:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished,to define and narrow the issues to be heard by the court,and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or pen-nanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders,and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunday, 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 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 IT/ 3 32 South Bedford Street Carlisle, Pennsylvania 17013 14e4� 4-6 60AJ%4V4-11 X Telephone (717)249-3166 4- N 14 d S .4 (6 P-aJ14 su Joseph Finkey, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLPAN, V. caa �► r,i rnrn C= _s CIVIL ACTION - LAWa„r�— , c Melissa Kuhn --r� 3 N/K/A/Melissa Shover No. 99-108 Defendant c Q. , PETITION FOR PAYMENT OF §5329 EVALUATION AND NOW, this 27" day of August, 2013, comes Defendant, Melissa Shover, by and through her attorney, the Community Law Clinic, and petitions this court for partial payment of a §5329 evaluation. In support thereof, Defendant avers the following: 1. Plaintiff is Joseph Finkey, who resides at 21114 Main Street, Shade Gap, Huntingdon County, Pennsylvania 17255. 2. Defendant is Melissa Kuhn, (n/ka/Melissa Shover), who resides at 48 East Penn Street, Carlisle, PA, 17013. 3. Defendant's husband is George E. Shover. 4. On August 13, 2013, Plaintiff and Defendant attended a custody conciliation. 5. The conciliator, Dawn Sunday, Esq., directed Defendant's husband to undergo a §.5329 evaluation. 6. Until the §5329 evaluation is completed, the parties receive the results, and the parties meet with the conciliator, Mr. Shover cannot be at the marital home if Cheyenne and Seneca Finkey, the parties' children, are there. Defendant has primary physical custody of Seneca Finkey. 7. George Shover has made an appointment for the §5329 evaluation at Spirit and Associates for August 31, 2013 1 8. The evaluation costs $375.00, but the Shovers can only afford to pay $185.00. 8. $375.00 is believed to be the least expensive price for this type of evaluation in this geographic area. 9. Without the court's assistance, the §5329 evaluation may be delayed indefinitely. 10. Plaintiff's attorney concurs with this request. 11. The Honorable Judge Placey has previously ruled in this matter. Wherefore, Defendant respectfully requests that this Honorable Court provide $185.00 toward the cost of Mr. Shover's §5329 evaluation. August 27, 2013 "X42< McKen ' Clark Certified Legal Intern �1 Megan 'esmeyer Supervising Attorney COMMUNITY LAW CLINIC 371 West South Street Carlisle, PA 17013 (717) 243-2968 JOSEPH FINKEY IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY PENNgL ,,NI-A VS. 1999-108 CIVIL ACTION 1-4f C,n MELISSA KUHN (n/k/a MELISSA SHOVER Defendant/Respondent IN CUSTODY ;Z:F3 ORDER OF COURT AND NOW, this day of ),� lx,� , 2013, upon consideration of the attached Custody Conciliation eport, it ordered and directed as follows: 1. The prior Orders of this Court shall continue in effect as modified by this Order. 2. The Mother's husband, George Shover, shall obtain an evaluation pursuant to 23 Pa.C.S. Section 5329 and shall provide the results of the evaluation to the Father through counsel. 3. The Mother shall ensure that Mr. Shover is not residing in her household at any time the Children are present. Seneca Finkey may continue to be enrolled in her current school in the Mother's district on the condition that the Mother and her husband, George Shover, strictly comply with this provision. 4. The Mother shall not use or possess illegal drugs and/or paraphernalia. The Mother shall prohibit all third parties having contact with the Children from using or possessing illegal drugs and/or paraphernalia. 5. The Father shall ensure that the Children have no contact, including written communication or telephone calls, with his stepfather, Donald Keebaugh. 6. Upon completion of the evaluation ordered herein, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference, if necessary. Thoml�s A. Cornmon pleas 3ud9 e cc: �XSsica Holst Esquire--Counsel for Father McKenzie Clark and Timothy Smith Esquire—Counsel for Mother ca -es mat LCCL JOSEPH FINKEY IN THE COURT OF COMMON PLEAS OF I Plaintiff/Petitioner CUMBERLAND COUNTY PENNSYLVANIA vs. 1999-108 � CIVIL ACTION LAW MELISSA KUHN (n/k/a MELISSA SHOVER Defendant/Respondent IN CUSTODY Prior Judge: Thomas A. Placey CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8,the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is,as follows: NAME AGE CURRENTLY IN CUSTODY OF Cheyenne Finkey 16 Father Seneca Finkey 15 Mother 2. A custody conciliation conference was held on August 13, 2013, with the following individuals in attendance: the Father, Joseph Finkey, with his counsel, Jessica Holst Esquire, and the Mother, Melissa Kuhn, n/k/a Melissa Shover, with her counsel, McKenzie Clark and Timothy Smith Esquire. 3. This Court previously entered an Order in this matter on September 19, 2011 under which during the school year, the Mother has primary physical custody of Seneca and the Father has primary physical custody of Cheyenne, with the parties sharing the summer school vacation. A subsequent Order was entered on August 15, 2012 incorporating the terms of the September 19, 2011 Order, providing for Seneca to participate in counseling, and prohibiting overnights or unsupervised contact with the Father's stepfather. 4. The Father filed this Petition for Modification and Special Relief seeking primary physical custody of both Children. This Court entered an Order on the Father's Petition for Emergency Relief on July 31, 2013 scheduling a conciliation conference and prohibiting the Children from residing in the same household as George Shover, the Mother's husband, due to multiple convictions under Section 5329 of the Custody Act. 5. The Father's Petition for Primary Custody was based upon photographs taken by the older Child of marijuana and drug paraphernalia at the Mother's home and allegations of drug use in the Mother's home as well as criminal histories of men with whom the Mother was associating at the time, including the Mother's new husband. The Mother's position was that the"drugs" in the photographs taken by Cheyenne was not marijuana but tobacco. 6. The conciliator met with the Mother's husband to initially assess whether there was a risk of harm to the Children which would require further evaluation under 23 Pa.C.S. Section 5329. Following the initial assessment of George Shover,the conciliator recommends a full evaluation pursuant to Pa.C.S. Section 5329. Pending completion of the evaluation, and contingent upon the results, it is recommended that Mr. Shover reside in a separate residence from the Mother when either Child is in the Mother's custody as previously ordered by the Court. 7. The conciliator's assessment is based upon the following: To his credit, Mr. Shover was completely candid in acknowledging that the items in the Child's photographs were marijuana and also that he had used marijuana on one occasion in July in violation of his probation for prior drug offenses. Mr. Shover indicated that his parole officer is working with him, due to his honesty, to prevent further instances. Mr. Shover acknowledged using poor judgment regarding both the drug use and the fact that the Children were exposed. Mr. Shover has a separate residence which is an apartment which he maintains for the use of his brother. Mr. Shover agreed to obtain the evaluation and to reside in his apartment and not in the Mother's residence pending the evaluation and further Order of Court. 8. The parties agreed to entry of the additional provisions in the proposed attached Order. 9. Mr. Shover has requested that the costs of the evaluation be paid in full or at least in part by the County as his financial circumstances make it difficult to pay the full costs. The Mother is represented by the Community Law Clinic in this matter. QA Date Dawn S. Sunday, Esquire Custody Conciliator JOSEPH FINKEY, r Plaintiff V. IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL COURT MELISSA KUHN 1999-00108 CIVIL TERM (n/k/a MELISSA SHOVER), Defendant IN CUSTODY IN RE: PETITION FOR PAYMENT OF §5329 EVALUATION ORDER OF COURT AND NOW, this 3rd day of September 2013, upon consideration of Defendant's Petition for Payment of§5329 Evaluation, the Petition is DENIED. The amended Cumberland County Local Rule 1915.3-2, effective this date, calls for the § 5329 evaluation to be done "at the initial in-person contact with the court." Because this language includes evaluations of"household members" even though the conciliation is complete, the evaluation of Mr. George Shover is referred back to the Custody Conciliator, Dawn Sunday. COURT, Thomas A. Placey C.P.J. Distribution: CD Jessica Hoist, Esq. m� x Community Law Clinic � XMI ✓ c.�-a Q c42 • r--� —ate 6 A { ,fe..S DC . t 3/13 - 1 JOSEPH FINKEY, sort>> "���� ��� Plaintiff 6311 - nizt v. IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL COURT MELISSA KUHN 1999-00108 CIVIL TERM (n/k/a MELISSA SHOVER), Defendant IN CUSTODY IN RE: PAYMENT OF §5329 EVALUATION ORDER OF COURT AND NOW, this 30th day of September 2013, following a discussion at the Board of Judge's meeting, and a review of the facts that indicates the evaluation was done prior to the effective date of the new rule, the Court Administrator is DIRECTED to pay, in this case only, up to $175.00 for the §5329 Evaluation that was done prior to the effective date of the new rule upon being presented with an appropriate invoice for payment from the billing entity. Thomas A. Placey C.P.J. Distribution: ssica Holst, Esq. ommunity Law Clinic -c - - ��awn Sunday, Esq. , C o(La W 4/VNA N kbkt 1A+i dtit - 6C.. t kl `Ir AL r CC? "ES n&I ir-CL Q/3o/!3 JOSEPH FINKEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 1999-00108 CIVIL ACTION LAW c MELISSA KUHN, (n/k/a MELISSA SHOVER) — c { Defendant CUSTODY ' ty � °c A C"3 c� PRAECIPE TO ENTER APPEARANCE y >f TO THE PROTHONOTARY: Please enter my appearance on behalf of the Plaintiff, Joseph Finkey, in the above captioned case. Respectfully submitted, ::p - Pamela Fleck, Esq. St Ct# 309017 MidPenn Legal Services 213-A North Front St. Harrisburg, PA 17101 (717) 232-0581. Ext 2105 Counsel for Plaintiff