HomeMy WebLinkAbout99-05749
r? Y HTy
u
f {
?'
t1 y 'r h
? g
,.
i I
7?
?r r
??k/?t?rri - rl ?a
'
FY
Sf ' ''H
?
I
1''^4u
d
{
r
ry -0 { p 5 ,kS`
t' p
a C?i•.,? (, >,, ,1}1';9
YiN
4
)f ,Y
1
?
?
Yy?
A ? .f icy IS
?
y
tir ' { S I 5/i
,l T ' c7'
W
C
S
t fs?
Nl
?
?
P ?
y
PU ltr.
?
r .J
?? C
\ ?
i
Y. i
? y.
at k7
'
h
T
P` 4 P-. v { I tt
?, ?, F Y I f f 1 ?Ml
z
i
` ,,j
y
?
y. S,
"
'e tr 1 4 1 SH
?
S
j,fp a
l
??h ' C y
A
'f?'L
lylk
?
^ F;K
t 4
II rl Uj
;
r'
q
l? t
? Y rl
j
f,s
04
n t -
it
<f
t ]y3
,
v
i
f
A
I.
>ry?•
JEFFREY E. JOHNSTON, ) IN THE COURT OF COMMON
Plaintiff ) PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
VS. ) CIVIL ACTION - LAW
ROBIN L. JOHNSTON, ) NO. 9 R- S 7 v 9 (-t „,a
Defendant ) IN CUSTODY
ORDER OF COURT
AND NOW, the QF day of ,?cpkm\ r (_ 1999, upon
consideration of the attached Complaint, it is hereby directed that the parties and their respective
counsel appear before Jtt(15,? l?c1 Esquire, the conciliator, at
3°1 V.1.1?\Cl, t l? CC??c1, Pennsylvania, on the o??o day
of ?C?O?oP (? 1999, at QC) o'clock -a_.m., for a Pre-Hearing
Custody Conference. At such conference, an effort will be made to resolve the issues in
dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the
Court, and to enter into a temporary order. Either party may bring this child who is the subject of
this custody action to the conference, but the children's attendance is not mandatory. Failure to
appear at the conference may provide grounds for entry of a temporary or permanent order.
FOR THE COURT,
BYYf3JJl(? st\ . j\z? U,
Custody Conciliator 0 , lA?
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.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: (717) 249-3166
OF ' R o-D-7- CE
F^ ; -?yOTFWY
99 SEP 29 tiN II:`m.?8
GL?1?iiCf'iLtiJL) G?JI'+'
PEIV&sy VAN'
JEFFREY E. JOHNSTON, )
Plaintiff )
vs. )
ROBIN L. JOHNSTON, )
Defendant j
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 9q- 5'7Y9 Cz,;,4 ?-?
IN CUSTODY
COMPLAINT FOR CUSTODY
AND NOW comes the Plaintiff, JEFFREY E. JOHNSTON, by his attorney, Samuel L.
Andes, and makes the following Complaint for Custody:
1. The Plaintiff is JEFFREY E. JOHNSTON, an adult individual who resides at 909
Derbyshire Avenue in Mechanicsburg, Cumberland County, Pennsylvania.
2. The Defendant is ROBIN L. JOHNSTON, an adult individual who resides at 606
Cooper Circle in Carlisle, Cumberland County, Pennsylvania.
3. The Plaintiff and Defendant are formerly Husband and Wife, having been married on
27 December 1980 and divorced in June of 1994.
4. The Plaintiff and Defendant are the natural parents of two minor children, Eric D. I -
Johnston, born 7 May 1985 and Anne L. Johnston, born 23 June 1988.
5. Plaintiff seeks custody of the two minor children, Eric D. Johnston and Anne L.
Johnston.
6. The children were not born out of wedlock and are presently in the joint custody of thi
Plaintiff and Defendant.
7. During the past five years, the minor children have resided with the following persons
at the following addresses:
2/91 to 8/98 1346 Zimmerman Road
Carlisle, PA 17013
8/98 to present 606 Cooper Circle
Carlisle, PA 17013
Defendant only
Defendant only
8. The father of the children is the Plaintiff who resides at the address set out above.
9. The mother of the children is the Defendant who resides at the address set out
above.
10. The Plaintiff is the natural father of the children. Plaintiff currently resides with his
present wife, Ellen G. Johnston and her two children, ages 17 and 12.
11. The Defendant is the natural mother of the children. Defendant currently resides
with the two children which are the subject of this action, with her present husband, James
McCanna and with his two children, ages 17 and 16.
12. At the time of the parties' divorce, they entered into a "settlement agreement" which,
among other things, contained provisions relating to custody of the children. That settlement
agreement was subsequently incorporated into the final decree in divorce between the parties
which was docketed to 910 Civil 1993 before this Court. Otherwise, Plaintiff has not participated
in any litigation involving the custody of the children, has no information of any custody
proceeding concerning the children pending in this Court or any other Court, and knows of no
person not a party to this action who has physical custody or claims to have any rights regarding
custody of the children.
13. Plaintiff desires an Order awarding him shared legal custody of the children and
either shared physical custody or substantially increased periods of partial custody with the
children, particularly over the summer. He believes such a schedule will be in the best interest
of the children because they need more time with their father to properly maintain the parent
child relationship and for him to have a proper parental influence on the children.
14. 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.
WHEREFORE, Plaintiff requests this Court to grant him shared legal and physical custody
of the two minor children, Eric D. Johnston and Anne L. Johnston and, to the extent necessary,
to modify the terms of the settlement agreement between the parties dated 29 April 1994
el L. Ande
Attorney for Plaintiff
Supreme Court ID # 17225
525 North 12"' Street
Lemoyne, PA 17043
(717) 761-5361
COMMONWEALTH OF PENNSYLVANIA )
) SS.:
COUNTY OF CUMBERLAND )
JEFFREY E. JOHNSTON, being duly sworn according to law, deposes and says that
the facts set forth in the foregoing document are true and correct to the best of his
knowledge, information, and belief.
E 11. J F NSTON
Sworn to and subscribed
before me this oT11?i day
of 0-u9a--?-- 1999.
Nota ublic.' -ixiseaaAL
uxraryno6aaGt?^'i^??`n,?A
EXHIBIT A
TUB Alf, made this p2y1day of 1994, by and
between JE@ M E. JOfINSM, hereinafter called Husband, and ROBIN L.
JOEIIi M, hereinafter called Wife;
WI H:
WEB, Husband and Wife were lawfully married on December, 27, 1980,
in Mermen County, Pennsylvania; and
IMERS, differences have arisen between Husband and Wife in consequence
of which they intend to live separate and apart from each other and have j
consented to a nutual consent divorce; and
Wf>ER M, Husband and Wife desire to settle and determine their rights
and cbligaticnns.
NOW, THEREFORE, the parties, intending to be legally bound hereby, agree
as follows:
1. Samration. It shall be lawful for each party at all times
hereafter to live separate and apart from the other at such place as he or she ;
may from time to time choose or deem fit. The foregoing provision shall not
be taken as admission on the part of either party of the lawfulness or
unlawfulness of the causes leading to them living apart.
2. Division of Pmmzty. The parties have divided between then to
their mutual satisfaction the household furniture, supplies and furnishings,
and other articles of hausehold property which have heretofore been used by
them in common, and neither will make any claim to any such items which are
now in possession or control of the other, except as otherwise set forth
herein.
The parties agree that the bank accounts existing at the time of their
separation have been equitably divided.
The parties shall retain the respective automobiles in their possession
and assume any obligations associated therewith. The parties hereto agree to
sign a Power-of-Attorney transferring all of their right, title and interest
in the other's vehicle at the signing of this Agreement or as requested at a
later date.
Exhibit "A" S '
The parties intend that the Husband's pension will be divided with each
establishing a separate account at SFPS based upon an equal division of the
marital portion of the pension. The parties acknowledge that they separated
on February 23, 1991. As of the date of separation, the Husband had 122
months of employment with the cam m wealth of Pennsylvania concurrent with the
parties' marriage. It is the parties' agreement that the Husband's retirement
account as of the date of separation be equally divided and separate accounts
for each party be established with the pension retirement fund (SERS). Any
contributions subsequent to the separation shall be Husband's separate
property. Any appreciation experienced in the marital portion of Husband's
account, subsequent to the parties' separation based on the investments, shall
be equally divided. The parties agree to cooperate in completing any
documentation that the pension/retirement plan may request so as to establish
a separate account for each party at the earliest possible time.
The Court shall retain continuing jurisdiction to enter an appropriate
order or orders as may be necessary to establish the respective parties'
accounts as a Qualified Danestic Relations Order (QDRD) and other controlling,
present or subsequent legislation, as well as to effectuate the intent of the
parties. The Participant Husband and Alternate Payee Wife may elect to
receive benefits in any form in which they nay be paid under the plan.
Husband agrees that, until such time as the pension is distributed by
QDPD, he will name the trust established herein for the children as j
beneficiary under any and all benefits having a death beneficiary designation, '
i
subject only to wife's marital coverture share. This designation of the
children shall be irrevocable until such time as the youngest child attains
the age of 22 years, dies or marries.
Husband has life insurance benefits through his employment, and wife has j
$100,000 of term insurance upon her life. The parties agree to continue in
full force and effect the aforesaid insurance coverage until the youngest
surviving child of the parties attains the age of twenty-two (22) years.
The parties further agree to pay all premiums due on said insurance
coverage. Within thirty (30) days after the date of execution of this
Agreement, the parties shall deliver to the respective attorneys of the other,
-2-
Exhibit "A" 6
satisfactory proof that the beneficiary designation has been properly endorsed
on such insurance coverage as the life insurance trust designated herein and
that the insurer has received notice of the restrictions placed upon ownership
of the insurance by the terms of this Agreement. The parties shall also
request that duplicate premium statements and receipts be mailed by the
insurer to the other.
The parties shall designate the attached life insurance trust as the
beneficiary of the foregoing insurance coverage upon their lives until the
youngest surviving child of the parties has attained the age of twenty-two
(22) years.
3. Peal Estate. The parties hereto shall retain joint ownership of the
marital residence located at 1346 Zimmerman Road, Carlisle, Pennsylvania, as
tenants in common. Wife shall have exclusive possession of the real estate
until the youngest surviving child of the parties is no longer in high school
and for so long as she shall maintain primary or joint custody of the children
of the parties.
In the event of the occurrence of any of the following option events,
the property shall be placed on the market for sale. In the event of the sale
of the property to third parties, the net proceeds after payment of the
mortgage and custanary closing costs shall be divided equally between the
parties hereto. Wife sta11 have ten (10) days to match any third party offers
which would be acceptable to Husband on the basis of a right of first refusal.
i
In offering to match any offers, Wife shall be entitled to a sixty (60) day
financing contingency for eighty (80%) percent financing at then prevailing
s
interest rates. In the event of the purchase of the property by Wife, the
consideration would be one-half the third party offer less one-half the then
principal balance of the mortgage.
F°
-3-
Exhibit "A" 7
..
&W'14:
The option events would be Wife's remarriage or cohabitation with a man
to whoa she is not related within the degrees of consanguinity, Husband's
bankruptcy, Husband's suffering a non-voluntary reduction of income affecting
his ability to pay child support or suffering a judgment to remain of record
against him for more than sixty (60) days, Husband's death, the cessation of
high school attendance by both of the children of the parties or the transfer
of primary physical custody of both of the children of the parties from Wife.
In the event of the death of Wife, her bankruptcy or her suffering a
judgment to remain of record against her for more than sixty (60) days, the
property shall be placed on the market for sale and Husband shall have the
same right of first refusal.
During Wife's exclusive possession, she shall be solely responsible for
the maatgege pM@nt. TheZhe parties shall share equally any necessary
maintenanae expenses in excess of $250.00. The real estate taxes and
insurance shall be the sole responsibility of Wife and any proration on
settlement shall be to her benefit or liability.
The law would entitle Wife to more than half the marital property in
equitable distribution, but the law would not require Husband to pay as much
as $655.00 every two weeks for support of the children.
A fundamental consideration in Wife's accepting what is essentially
1
equal division of marital property, is Husband's agreement to pay $655.00
every two weeks for support of the children. Husband does hereby agree to pay
Wife directly utilizing a direct deposit, $655.00 every two weeks for the
support of the children of the parties and to maintain health insurance
coverage on the children as available through his employer. Only if there are
-4-
Exhibit "A" O
Problem with Husband's paying will Wife utilize the Domestic Relations office
as a conduit for payment of child support. Husband further agrees to maintain
health insurance upon wife until the date of the divorce so that she will be
able to have the option of purchasing health insurance coverage for herself
through husband's employer under the applicable provisions of federal law.
zlhe agreed amount of child support may be modified by either party in
accordance with the current or amended support guidelines based upon a
substantial change in circumstances. din addition Wife's gross income up to
$15,000 per year, exclusive of child support, shall not be considered as a
basis for a reduction in child support. In the event of Husband's seeking a
reduction in support for a non-voluntary loss of income, then, to the extent
that the reduction is allowed by wife or ordered by Court, there shall be an
equal reduction in the share of the proceeds from the distribution of the
equity after the hone is sold or purchased by wife, provided Wife continued to
make the mortgage, tax and insurance payments. Likewise, should either party
fail to most his/her obligations in relation to the real estate, then
necessary adjustments at settlement to reflect same, shall be made prior to
equal division of the proceeds. In the event that Husband seeks and is
granted a reduction in support, other than for circumstances involving the
death of a child or a non-voluntary loss of income, he will be required to
immediately convey to Wife his interest in the marital dwelling.
So log as Husband continues to pay $655.00 every two weeks for d
support with none of it allocated to Wife as spousal support or alimony,
Husband shall be entitled to claim the children for federal incase tax
-5-
Exhibit "A"
i
exemption purposes and shall be entitled to claim the mortgage interest ad
real estate tax deductions.
Wife will also cooperate in executing an amended federal inane tax
return for 1992 to be prepared by Husband with the understanding that she will
rot be required to return the refund which she received for 1992 in the amount
of $58.77.
4• Debts. Except for the debts and obligations created hereunder, each
party agrees to pay and hereby agrees to hold the other harmless from anry and
all Personal debts and obligations incurred by him or her subsequent to the
date of separation, which shall be deemed to be March 1, 1991. If any, claim,
action or proceeding is hereafter brought seeking to hold the other party
liable on account of such debts or obligations, each party will at his or her
sole expense defend the other party against any such claim, action or
proceedings, whether or not well-founded, and indemnify the other party
against any loss or liability resulting therefrom.
5. Ecuitable Pror>e_rty. This Agreement constitutes an equitable
I
division of the parties' marital property. The parties have determined that
the division of this property conforms with regard to the rights of each
party. The division of existing marital property is not intended by the
parties to constitute in any way a sale or exchange of assets, and the
division is being effectuated without the introduction of outside funds or
other property not constituting the matrimonial estate.
Each party hereby acknowledges that this Agreement adequately provides
for his or her needs and is in his or her best interest, and that the
Agreement is not the result of any fraud or undue influence exercised by
-6-
Exhibit "A" (? !
either party upon the other or by any other person or persons upon either
party. Both parties hereby waive the following procedural rights:
A. lire right to obtain an inventory and appraisement of all
marital and separate property as defined by the Pennsylvania Divorce Code.
B. The right to obtain an income and expense statement of the
other party as provided by the Pennsylvania Divorce Code.
C. The riot to have the court determine which property is
marital and which is non-marital, and equitably distributable between the
parties that property which the court determines to be marital.
D. The right to have the oourt decide any other riots, remedies,
privileges or obligations covered by this Agreement, including but not limited
to possible claims for divorce, spousal support, alimony, alimony pendants
lite (temporary alimony), and counsel fees, costs and expenses.
6. tistodv of Children. The parties have two children, Annie L.
Johnston, born 6/23/88, and Eric D. Johnston, born 5/7/85. The parties shall
have joint legal custody of the children and the mother shall have custody of
the children with the exception of the following schedule:
A. The father shall have the children on an alternating weekend
schedule Coen Friday evening to Sunday evening.
B. An evening each week after school and before bedtime.
C. Two weeks (non-consecutive) during the summer.
D. the parties shall alternate the following holidays: New
Years, Presidents Day, Martin Luther King, July 4th, Memorial Day, Labor Day
and Veterans Day. On the following holidays, the children shall spend a
_7_
I`
Exhibit "A" ?'
Portion of each with the parents as they my agree to from time to time:
Christmas Eve through Christmas Day, Faster and Thanksgiving.
E. Irrespective of the weekend schedule, Fathers Day shall be
spent with Husband and Mothers Day with Wife.
F. In the event a parent is taking the children out of the area,
other than a day trip, they each agree to inform the other in advance and to
provide the other with a phone number.
G. In the event Wife intends to relocate away from the arm, ahe
agrees to provide Husband with ninety (90) days advance notice thereof in
writing.
H. The parties agree that this custody arrangement may be
modified
upon a change in circumstances and the parties agree to renegotiate I
the same. In the event that they cannot reach an agreement, then the matter
shall be submitted to the court for resolution.
7. Release of All Claim. Each party, except as otherwise provided for
?
in this Agreement, releases the other from all claims, liabilities, debts,
obligations, actions and causes of action of every kind that have been
incurred, or may be incurred, relating to or arising from the marriage between ?
the parties. However, neither party is relieved or discharged from any
obligations under this Agreement or under any instrument or docanent emecuted
pursuant to this Agreemmnt.
S. Breach. If either party breaches any provision of this Agreement,
the other party shall have the right, at his or her election, to sue for
damages for such breach, sd seek any other remedy allowed in law or equity.
The party breaching this contract shall be responsible for the payment of
-8-
Exhibit "A"
I? i
reasonable legal fees and oasts incurred by the other in enforcing his or her
rights under this Agreement, or seeking such other
remedy or relief as may be
available to him or her. Reasonable counsel fees hereunder shall be defined
as reasonable hours expended at the then hourly rate of counsel for the
prevailing party. such counsel fees shall extend to any independent
Proceedings necessary to collect counsel fees or to enforce any other judgment
or decree in connection with this Agreement. such counsel fees shall be
payable as alimony so as to constitute an exception to discharge in
bankruptcy. Waiver by one party of any breach of this Agreement by the other
party shall not be deemed a waiver of any subsequent, similar breach or other
breaches. f
9. Z!m u W&gj M=. Husband and Wife each represent and warrant to the
other that he or she has made a full and complete disclosure to the other of
all assets of any nature whatsoever in which such party has an interest, of
the source and amount of the income of such party of every type whatsoever and
all other facts relating to the subject matter of this Agreement.
30. Divot. This Agreement shall not be construed to affect or bar i.:
the right of either Husband or wife to a true and absolute divorce on legal y'
.
;a
`
and truthful grounds as they now exist or may hereafter arise. It is a
+.,
understood, however, that Husband, as of the signing of this Agreement, has
filed an action in divorce in the court of Common Pleas of Clmiberland county
in which he alleges that the marriage is irretrievably broken. Both parties
understand and agree that Husband shall
pursue said divorce on the grounds E&''
that the marriage is irretrievably broken, and that both parties will execute
,
deliver and file the necessary affidavits and all other petitions or documents
-9- „q
13.
Exhibit "A"
necessary to effectuate the divorce pursuant to Section 3301(c) of the Divorce
Oode. Wife agrees that the marriage is irretrievably broken.
11. Bouresentation of Parries by ro+nsel. Each party has had the
opportunity to have legal counsel to represent each of them in the negotiation
and' preparation of this Agreement and has either been so represented or has
voluntarily chosen not to be represented. Each party has carefully read this
Agreement and is completely aware, not only of its contents, but also of its
legal effect.
12. Additional M=EW . Each of the parties shall on danand or
within a reasonable period thereafter, execute and deliver any and all other
doamnents and do or cause to be done any other act or thing that may be
necessary or desirable to effectuate the provisions and purposes of this
Agreement. If either party fails on demand to comply with the provision, that
Party shall pay to the other all attorneys' fees, costs and other expenses
reasonably incurred as a result of such failure.
13. Modification and waiver. Modification or waiver of any provision
of this Agreement shall be effective only if made in writing and executed with
the same formality as this Agreement. The failure of either party to insist
upon strict performance of any of the provisions of this Agreement shall not
be construed as a waiver of any subsequent default of the same or similar
nature.
14. Dosscriotive Headings. Me descriptive headings used herein are for
convenience only. they shall have no effect whatsoever in determining the
rights or obligations of the parties. K,
-10-
Exbibit "A" I I
15. ors and Assigns. This Agreement, except as otherwise
expressly provided herein, shall be binding upon and shall inure to the
benefit of the respective legatees, devisees, heirs, executors,
administrators, assignees and successors in interest to the parties.
16. Governina Iaw. This Agreement shall be governed by and shall be
construed in accordance with the laws of the Commonwealth of Pennsylvania.
17. Order of oou_*±. With the approval of any court of competent
jurisdiction in which any divorce proceeding may now be pending or which may
hereafter be instituted, this Agreement may be incorporated in any decree of
absolute divorce which may be passed by said cart.
3N WIMMs hrttEMW, intending to be legally bound hereby, the parties
hereto have hereunto set their hands and seals the day and year first above
written.
JOHNSrON
ROBIN L..7/
(SEAL)
(VAL)
I
-11-
Exhibit "A"
IS
gnu of pennsy-1vaaia
OOMW OF Woberland = so.
AM NO=P, this aday
rnftreigned officer' Personall app or 1994, before me, the
nactorilly proven) to be the Person whose name E Is su scri knowbed to me (hi the contained. ' and clvlowledged that he executed same for the ea therein
IH *W''"' I hereunto set my hand and official seal-
no= or Nnneylv"ia
COMM Or gland = ss
ff this
undersigned officer' day of # 1994, before satisfactorily Proven) 100 Me Pen moose name is ' 'com to me (or
i unertt, and aGmowl - subs
cribed the
contained. edged that he executed same for the Pswi n th?arain
*O'mF' I hereunto set my hand and official seal.
IN W
t?ottu:y Public
Connie d-TrltLaNite arlpNJ#
MY C,mmiupn Expires 0 t, tit 1996
-12-
Exhibit "A" 11?
SEP 21 199
r
LC)
N
6At ?- %t
C] C L7
CW%
rn
P^ C3 1
n
S
i1j4 S \?
v
n
a
0
W ? <
Q .4 w x
Z .4
'n G p N
ark"
W a x ° w
p ? a a
H
n ?
a
DEC -3 199,
JEFFREY E. JOHNSTON, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
va. : CIVIL ACTION - LAW
: NO. 99-5742
ROBIN L. JOHNSTON,
Defendant IN CUSTODY
ORDER OF COURT
AMID NOW, this 30th day of November, 1999, the Conciliator, having
received no request from either the Plaintiff or the Plaintiff's counsel to
reschedule the Custody Conciliation Conference originally scheduled for
October 26, 1999 (which was canceled at the time of the Conference), hereby
relinquishes jurisdiction in this case.
FOR THE COURT,
Dawn S. Sunday, Esquire
Custody Conciliator
FILED- FICE
i,..,ru; ,p OT,4RY
OF T l'=
99f) f -9 AM If: 11 3
CUML n:_ ,::J CJUNW
PEN, YD,d !A
JEFFREY E. JOHNSTON, . IN THE ODURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
• 4 TA.
vs. NO. 99-5759 CIVIL TERM
ROBIN L. JOHNSTON,
Defendant CIVIL ACTION - LAW
IN CUSTODY
CRDF.R OF OOURT
AND NOW, this day of ?j , 2000, upon
cronsideration of the attached Custody Conch at on Report, it is ordered
and directed as follows:
1. The custody provisions of the parties' Settlement Agreement dated
April 29, 1994 (which were incorporated into their Divorce Decree) are
vacated and replaced with this Order.
2. The Father, Jeffrey E. Johnston, and the Mother, Robin L.
Johnston, shall have shared legal custody of Eric D. Johnston, born May 7,
1985, and Anne L. Johnston, born June 23, 1988. Each parent shall have an
equal right to be exercised jointly with the other parent, to make all
major non-emergency decisions affecting the Children's general well-being
including, but not limited to, all decisions regarding their health,
education and religion.
3. The Mother shall have primary physical custody of the Children.
4. The Father shall have partial physical custody of the Children on
alternating weekends from Friday after school through Monday morning when
the Father shall transport the Children to school. In addition, the Father
shall have custody of the Children every Tuesday (unless the parties select
another weekday by agreement) from between 5:00 p.m. and 5:30 p.m. through
9:00 P.M.
5. The parties shall have custody of the Children on holidays as
follows:
A. T'HANKSGIVM: The parties shall alternate having custody of
the Children on Thanksgiving Day from 9:00 a.m. until 9:00
p.m.
B. EASTER: The parties shall alternate having custody of the
Children on Easter Sunday from 9:00 a.m. until 9:00 p.m.
C. OTHER HOLIDAYS: The parties shall alternate having custody of
the Ch ldren on the following holidays from 9:00 a.m. until
9:00 p.m., beginning with the Father having custody of the
Children on Presidents' Day in 2000: New Years Day, Martin
Luther King Day, Presidents' Day, Memorial Day, July 4th,
Labor Day, and Collmibus Day. In the event the Father has
custody of the Children on a holiday under this provision
which falls immediately before or after the Father's regular
weekend period of custody, the Father's periods of holiday and
weekend custody shall run continuously without interruption.
D. MDTBffi S E1AY/FATBFR'S DAY: In every year, the Mother shall
have custody of the Children on Mother's Day from 9:00 a.m.
until 9:00 p.m. and the Father shall have custody of the
Children on Father's Day from 9:00 a.m. until 9:00 p.m.
E. The holiday custody schedule shall supersede and take
precedence over the regular custody schedule.
6. In the event either party intends to remove the Children from his
or her residence for an overnight period or longer, that party shall advise
the other party in advance of the address and telephone number where the
Children can be contacted.
7. In the event either party intends to relocate his or her residence
outside the local area, that party shall provide the other party with 90
days advance notice in writing.
8. The parties and their counsel shall attend a second Custody
Conciliation Conference in the office of the Conciliator, Dawn S. Sunday,
Esquire, on March 2, 2000 at 3:00 p.m.
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.
/-o[?? -v v
cc: Samuel L. Andes, Esquire - Counsel for Father RKS
Joseph D. Buckley, Esquire - Counsel for Mother
?.'( frig... - ?f??i'. ,?_0
!'Cn ??Sf2 ?'?tili? Ui? ?,
JEFFREY E. JOHNSTON, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
Va. NO. 99-5799 CIVIL TERM
ROBIN L. JOHNSTON,
Defendant CIVIL ACTION - LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-81 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
Eric D. Johnston May 7, 1985 Mother
Anne L. Johnston June 23, 1988 Mother
2. A Conciliation Conference was held on January 19, 2000, with the
following individuals in attendance: The Father, Jeffrey E. Johnston, with
his counsel, Samuel L. Andes, Esquire, and the Mother, Robin L. Johnston,
with her counsel, Joseph D. Buckley, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
The parties agreed to continue discussing custody arrangements for the
Christmas holiday and summer school breaks at the second Conciliation
Conference, along with other issues concerning the ongoing regular
schedule.
rJaiul.Q.un r7U. o'?OO CJ ??:5.?1
Date Dawn S. Sunday, Esqui
Custody Conciliator
o{
ROM
W y
44
w . G 0 E n g
a > s+ d1 IS
ing >i r:
v ? AI s
-: ?. 2120pp ? ?.
JEFFREY E. JOHNSTON, : IN THE COURT OF COMMA PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
5Y9y
VS. NO. 99-5399 CIVIL TERM
ROBIN L. JOf]NSTCN, : CIVIL ACTION - LAW
Defendant IN CUSTODY
ORDER of O0[ RT
AND NOW, this d day of ? 2000, upon
consideration of the attached Custody Jcatn Report, t,
is ordered
and directed as follows:
1. The prior order of this Court dated January 19, 2000 shall
continue in effect as modified by this Order.
2. The parties shall participate in a minimum of 4 mediation sessions
with Arnold Shienvold, PhD., or other professional selected by agreement of
both parties and counsel. The purpose of the mediation shall be to develop
camunication between the parties to enable them to effectively manage
custody arrangements and issues on an ongoing basis. The parties shall
share all unreimbursed costs of mediation.
3. Wring the summer 2000, the Father shall have custody of the
Children from Saturday, June 10 at 9:00 a.m. through Monday, June 19 at
9:00 a.m., from Monday, July 10 at 9:00 a.m. through Tuesday, July 18 at
9:00 p.m., from Friday, August 4 at 9:00 a.m. through Sunday, August 13 at
9:00 a.m., and at any other times arranged by agreement of the parties.
The regular alternating weekend and weekday evening custody schedule shall
be suspended during the summer school break in 2000 but shall resume with
the Father having custody of the Children on the first weekend after the
beginning of the 2000-2001 school year.
4. 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
Edward E. Gu1do, J"
G
cc: Samuel L. Andes, Esquire - Counsel for Father ./.QQ
Joseph D. Buckley, Esquire - Counsel for Mother -RKg
OF 0( O-Osrr,
„71H0?'OTARy
00 JU,'I _ Qh l0
?Uh94ifi'?(?V 17
P?NNSSY? ?wU?.
JEFFREY E. JOHNSTON,
Plaintiff
vs.
ROBIN L. JOHNSTON,
Defendant
PRIOR JUDGE: Eduard E. Guido
IN THE COURT OF COMMON PLEAS OF
• CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-5799 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
CUSTODY CONMIATICN SaHNARY REP w
IN ACCORDANCE WITH CIMMAND COUNTY RULB 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 CUSRODY OF
Eric D. Johnston may 7, 1985 Mother
Anne L. Johnston June 23, 1988 Mother
2. A Conciliation Conference was held on May 23, 2000, with the
following individuals in attendance: The Father, Jeffrey E. Johnston, with
his counsel, Samuel L. Andes, Esquire, and the Mother, Robin L. Johnston,
with her counsel, Joseph D. Buckley, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
-?Y awo
Date o ..
Dawn S. Sunday, Esquire
Custody Conciliator
a ?
'
1 g e a
` ? 4
4
a tea'
H
a
?? rya
1
A
1
4 a ?
i
MAY,3 0 ZOQO