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Home My WebLink About99-06271DREW B. FRANK, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVAI VS. No. - 1999-G??/ G'tv? TAMMY SUE FRANK, CIVIL ACTION Defendant CUSTODY ORDER OF COURT AND NOW, this fl day of C1c ?c p(_ , upon consideration of the attached complaint, ibis hereby that the above parties and their respective counsel appear before WQ , Esquire, the conciliator, at Pennsylvnaia, on the _?_ day of s , for a Pre-Hearing Custody Conference. At such onf ence, 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 be present at the conference. Failure to appear at the conference may provide grounds for the entry of a temporary or permanent order. FOR THE COURT: 1 k Custody Conciliator ? U `rb> 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 COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 (717)-240-6200 FIlE4-?11-0 OTPR'r Of -Br; 99 OCT 20 Pt1 2 22 cui? rm A0 A??- ?i 7 ur DREW B. FRANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. - 1999 TAMMY SUE FRANK, CIVIL ACTION Defendant CUSTODY ORDER OF COURT You, TAMMY SUE FRANK, Defendant, have been sued in court to obtain custody, partial custody or visitation of the minor children, Heather Frank and Zachary Frank. You are ordered to appear in person at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania on , 1999, at for a conciliation or mediation conference a pretrial conference a hearing before the court. If you fail to appear as provided by this order, an Order for Custody, partial custody or visitation may be entered against you or the Court may issue a warrant for your arrest. 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 COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 (717)-240-6200 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accomodations 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 attned the scheduled conference or hearing. DREW B. FRANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. - 1999-G'7/ TAMMY SUE FRANK, CIVIL ACTION Defendant CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, Drew B. Frank, by and through his attorney, Clayton W. Davidson, Esquire, and avers the following in support of his Complaint For Custody: 1. The Plaintiff, Drew B. Frank (hereinafter Father), is an adult individual residing at 5 Ian Drive, Mt. Holly Springs, Pennsylvania. 2. The Defendant, Tammy Sue Frank (hereinafter Mother), is an adult individual residing at 1020 Wayne Avenue, Apartment #4, Carlisle, Pennsylvania, 17013. 3. The Plaintiff and Defendant were married on July 28, 1984 in Boiling Springs, Pennsylvania. 4. On May 19, 1987 the Plaintiff and Defendant had a child by the name of Heather N. Frank and on March 12, 1991, the Plaintiff and Defendant had a second child by the name of Zachary R. Frank (hereinafter "children"). 6. Plaintiff seeks shared legal custody and primary physical custody of the children. 7. The children presently resides with Father at 5 Ian Drive, Mt. Holly Springs, Pennsylvania. 8. During the past two years the children have resided with Father and Mother at the following address: 1) 5 Ian Drive, Mt. Holly Springs, Pennsylvania. 9. Father has been actively involved in the lives of the children from birth until present. 10. Father has not participated as a party or in any other litigation concerning the custody of the minor children in this or any other court. 11. Father has no information of a custody proceeding concerning the minor children pending in a court of this or any other jurisdiction. 12. Father knows of no other person, not a party to this action, who has physical custody of or claims to have custody or visitation with the said minor children. 13. Father contends that the best interest of the children would be beat served if he is awarded primary physical and shared legal custody. 14. Father contends that he should be awarded primary physical custody of the children and Mother provided with the following schedule for her period of partial custody: i) every other weekend with Mother's period of custody to being at 9:00 a.m. Saturday morning and ending at 7:00 p.m. Sunday night ii) shared legal holidays iii) two (2) non-consecutive weeks during the summer months iv) no third party discipline v) no drinking to the point of intoxication in front of said child vi) midweek partial custody for Plaintiff for two (2) hours every week on Wednesday or mutually agreeable between the parties. vii) each party shall be entitled to reasonable telephone calls with said child, including, but not limited to two (2), ten (10) minutes phone conversations per week viii)neither party shall consume illegal drugs and/or drink to the point of intoxication in front of the children ix) neither party shall permit the children to be exposed to individuals who are known to consume illegal drugs 15. Father contends that each person whose parental rights to the children have not been terminated and who has physical custody of the children have been named as parties to this action. 16. Plaintiff contends that the Defendant will be served by first-class mail, return receipt with a copy of said complaint. WHEREFORE, Drew B. Frank requests this Honorable Court to grant him primary physical and shared legal custody of Heather N. Frank and Zachary R. Frank. Rertpl y submitted, Clayt W. Davidson, Esquire I. D. 9139 40 2201 N. Second Street Harrisburg, PA 17110 (717)-233-4141 Attorney for Plaintiff Date: October 8, 1999 DREW B. FRANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. No. - 1999 TAMMY SUE FRANK, CIVIL ACTION Defendant CUSTODY I, Drew B. Frank, Plaintiff, hereby verify that the facts contained in the foregoing Complaint for Custody are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the criminal penalties of 18 Pa.C.S.A. 54904 relating to unsworn falsification to authorities. .. -'S2 DREW B. FRANK Date: October 8, 1999 >y t ji .i3 { Jx t i„ny CERTIFICATE OF SERVICE I, Clayton W. Davidson, Esquire, hereby certify that a true and correct copy of the foregoing Custody Complaint was served to the following by first class, U.S. mail, return receipt: Tammy Sue Frank P.O. Box 1242 Carlisle, PA 17013 Date: October 14, 1999 71 q t:? a ?t• " M A 1 U " 0 ; t A ? NN y i N L s • U s iI•$ xe r t x V <??ar Y CN 1? W N C F / W uwwua •oww•vmmn mn neroi '7M T'..d•wrI W.urtt nr b ?.awW r Iron In1? l1r OC? I 5 1999.x,; DREW B. FRANK, ) Plaintiff ) va. ) TAMMY SUE FRANK, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6271 CIVIL TERM CIVIL ACTION - LAW CUSTODY ORDES AND NOW, this kV day of , 2000, upon review of the Conciliator's Report, it appearing that the parties have agreed to the terms and provisions of this Order which was dictated in their presence and approved by them, it is hereby ordered and directed as follows: 1. The parties shall share legal custody of their minor children; Heather N. Frank, d.o.b. May 19, 1987 and Zachary R. Frank, d.o.b. March 12, 1991 (hereinafter the "children"). The parties agree that major decisions concerning the children, including, but not necessarily limited to the children's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultations with each other, with a view toward obtaining and following a harmonious policy in the children's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the children. Each party agrees not to attempt to alienate the affections of the children from the other party. Each party shall notify the other of any activity or circumstance concerning their children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent. 2. Primary physical custody of the children, Heather N. Frank and Zachary R. Frank shall be with Father, Drew B. Frank. 3. Mother shall have a period of partial custody in accordance with the following schedule: A. Every other weekend beginning at 9:00 a.m. Saturday morning and ending on Sunday night at 7:00 p.m. In the event that Mother is not obligated to work on Ml?v the Friday immediately preceding her period of partial custody, Mother's period of partial custody shall begin that Friday at 5:30 p.m. and end on "z;:a Sunday at 7:00 p.m. Furthermore, Mother shall provide Father notice within twenty-four (24) hours of her intention to begin her custodial period on a Friday. B. One evening every week on Wednesday from 5:30 p.m. to 7:30 p.m., or as the parties mutually agree. 4. The parties agree to the following holiday schedule with respect to Christmas, New Year's and Thanksgiving: A. Father shall have the children on Christmas Day, New Year's Day and Thanksgiving Day until 2:00 p.m. and Mother shall have the children from 2:00 p.m. on Christmas Day, New Year's Day and Thanksgiving Day until 5:00 p.m. the following day. In the event that Father's period of custody for this holiday schedule occurs during Mother's period of custody, Father's period of custody for this holiday schedule shall begin at 8:00 a.m. and continue until 2:00 p.m. 5. Father shall have custody of the children on Father's Day and Mother shall have custody of the children on Mother's Day. 6. For all other remaining holidays, the custodial period shall be in accordance with agreement of the parties with respect to the following: Easter, Memorial Day, Fourth of July, and Labor Day. 7. Both parents are entitled to one (1) week of uninterrupted custody of the children for vacation in June, July and August each year for a total of two (2) weeks vacation during this summer period. It is understood that a week is defined as seven (7) days which must include the parent's regularly scheduled custodial weekend. Each parent shall provide the other with thirty (30) days written notice of his or her intention to exercise the extended custody period along with the beginning and ending date of the one (1) week period. 8. The holiday schedule shall take precedence over the regular custody schedule. 9. During any period of custody or visitation, the parties to this order shall not possess or use any controlled substance, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, that other household members and/or house guests do not drink to the point of intoxication and/or consume illegal drugs in front of the children. 10. Each parent shall be entitled to reasonable telephone contact with the children when they/he/she are in the custody of the other parent. 11. Neither parent shall permanently relocate if the relocations would necessitate a change in the visitation schedule or if the relocation would exceed a fifty (50) mile radius without a minimum notice of sixty (60) days to the other parent. The sixty (60) day notice is designed to afford the parents an opportunity to renegotiate the custodial arrangements or to have the matter listed for a Court hearing. 12. Both parents shall refrain from making derogatory comments about the other parent in the presence of the children and to the extent possible shall prevent third parties from making such comments in the presence of the children. BY THE CO J. Clayton W. Davidson, Esquire Attorney for Plaintiff • , ._ 0 J Tammy Sue Frank, pro se a-BOO RKS mlb ? 00Fc?2'; ;iii(? ? l [[ u , DREW B. FRANK, Plaintiff Vs. TAMMY SUE FRANK, Defendant JUDGE PREVIOUSLY ASSIGNED: None. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6271 CIVIL TERM CIVIL ACTION - LAW CUSTODY IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the children who are the subject of this litigation is as follows: I]8h1Fi BIRTHDATE CURRENTLY IN Heather N. Frank May 19, 1987 CUSTODY OF Plaintiff Zachary R. Frank March 12, 1991 Plaintiff 2. A Conciliation Conference was held on January 201 2000, and the following individuals were present: the Plaintiff and his attorney, Clayton W. Davidson, Esquire; the Defendant appeared pro se. 3. Items resolved by agreement: See attached Order. 4. Issues yet to be resolved: See attached Order. 5. The Plaintiff's position on custody is as follows: See attached Order. 6. The Defendant's position on custody is as follows: See attached Order. 7. Need for separate counsel to represent children: Neither party requested. 8. Need for independent psychological evaluation or counseling: None requested and the Conciliator does not believe any is necessary. Date: FebruaryJ7, 2000 c.a ?. u.aca u• rau Custody Concil "s Sry?C z I W,4 .4: L? I I?T? W w ps?? w ? $ e i. 6. FE8 2 2 ZUUU