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HomeMy WebLinkAbout03-3438 MARY LYNN CASEY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2003 - 2,L.\if CIVIL TERM DON L. CASEY, Defendant IN CUSTODY COMPLAINT FOR CUSTODY AND NOW comes the Plaintiff, Mary Lynn Casey, by her attorneys, Irwin, McKnight and Hughes, and presents the following Complaint for Custody. 1. The Plaintiff is Mary Lynn Casey, an adult individual residing at 1471 Pine Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is Don 1. Casey, an adult individual residing at 1471 Pine Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are the natural parents of one (1) minor child, namely Autumn D. Casey, born January 16, 1990. 4. The Plaintiff desires primary physical custody of the minor child, Autumn D. Casey, and joint legal custody with periods of visitation to Defendant as can be mutually arranged between the parties. 5. The best interests and permanent welfare of the minor child requires that the Court grant the Plaintiff's request as set forth above. WHEREFORE, Mary Lynn Casey respectfully requests that she be awarded primary physical custody and shared legal custody of Autumn D. Casey, as provided herein, with periods of temporary custody to Defendant as provided herein. Respectfully submitted, By: e Date: July 18. 2003 VERIFICATION The foregoing Complaint for Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. /~~ Date: JULY 18, 2003 79~S t- - p, ~ ~ 8 & r fIl J- o ,'. c ","\11 . - I:;: I,; , ./ I.); /(;j MARY LYNN CASEY PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA V. 03-3438 CIVIL ACTION LAW DON L. CASEY DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, July 24, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, Aultust 29, 2003 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court 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 hearinl!.. FOR THE COURT. By: /s/ Hubert X. Gilroy. Esq. Custody Conciliator i/ 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, plea.se 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 - W. ~# ~~~ &-S('.L. ~ P ~ /p'~~ ~~ cO .5C-L ~W r ~ ~vV ~ -/'P E(?,YC>-L ViNv'/p (('^' , Ii;" 'I"'."'"' .~.' ,/ ,,]1 \'f'{:Jd ..\. '\." ': " ' r'.: '.:_ ,-.J~~ ...." . ..; '. ";C/^'n" '_.'"~, IV : "1 . " ' ,'. '}.' '-"., I~ iii'!' C("I , <..,.'. :}O MARY LYNN CASEY Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-3438 CIVIL ACTION - LAW DON L. CASEY Defendant, IN CUSTODY CONSENT ORDER AND NOW, this I~" day of August, 2003, the parties have reached an agreement and request the Court to accept this proposed order regarding custody of the parties' minor child, Autumn D. Casey, born January 16, 1990: 1. The Parties shall have shared legal custody of the minor child; 2. The Parties shall have shared physical custody ofthe minor child; 3. The shared physical custody shall entail the minor child spending three and one-half days with each party each week or any other equal division of time as the parties may decide. ~ ,d&A 1Mt MaryLY~~P'[ ~ p~;( tC Don L. Casey' 7 ~/~ Witness 7 AUG U 7 2003 ~ MARY LYNN CASEY Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-3438 CIVIL ACTION - LAW DON L. CASEY Defendant, IN CUSTODY AND NOW this ORDER , ,~ dayof ~003, it is ORDERED that the attached Consent Order of the parties is accepted by the Court and shall be the Custody Arrangement for the parties' minor child. J. Marcus A. McKnight, III, Esq. Attorney for Plaintiff, Mary Lynn Casey .~ . /YVl-tJ.~ 4- 11-03 John C. Porter, Esq. ~ Attorney for Defendant, Don L. Casey Q-- ViNV;\lASNN3d AJN.nC)~-\ n~,J\,!11j::in~Nno 82 :Z fid 11:J1lU CO ':::0 SEP 0 5 2003 ~ MARY LYNN CASEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW DON L. CASEY, Defendant NO. 2003 - 3438 CIVIL IN CUSTODY COURT ORDER AND NOW, this C)i day of , 2003, upon consideration of the a~ Custody Conciliation Re rt, it is ordered and directed that this court's prior order of August 11, 2003 is vacated and replaced with the following order: 1. The Mother, Mary Lynn Casey, and the Father, Don L. Casey, shall enjoy shared legal and shared physical custody of Autumn D. Casey, born January 16, 1990. 2. Physical custody shall be handled with the parties sharing custody on a week on/week off basis. Absent an agreement between the parties otherwise, the parties shall exchange custody of the minor child on Sunday evenings at 6:00 p.m. 3. Until Father obtains a driver's license, Mother shall handle transportation for exchange of custody. Once Father obtains a license, the non-custodial parent shall pick up the child at the other parent's home. 4. This order may be modified by the parties in the event the parties reach an agreement for a modification. However, absent an agreement between the parties, this order shall control. 5. The parties shall cooperate with Autumn going to counseling with the counselor Autumn has been seeing. Costs of the counseling shall be paid for by Mother. 6. For purposes of residency and in light of the fact that this is a shared physical and shared legal custody arrangement, it is agreed that Autumn's residency shall be in the Big Spring School District for purposes of attending school. 7. This order is issued pursuant to an agreement reached by the parties at a custody conciliation conference. In the event the parties desire to modify this agreement, the parties may petition the court to have the case again scheduled with the conciliator. cc: ......rohn C. Porter, Esquire ..Jdarcus A. McKnight, Esquire v. ~ R~ 09-09-(53 Edgar B. Bayley J. ,'-_I CI,! i?';: ~ "'-, '-,-.' I., ' ~~-\ o t() tr ,--~, i'?:: C? '5 _ :.)~ ~- ) '2"- _. ~:;: .....::;;;:. :-.;::s= -'~rl) -.~~J?; .;','irb no.. :s.;- ::5 o "I~ q:.:c ,:J"~ c' <>. MARY LYNN CASEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v CIVIL ACTION - LAW DON L. CASEY, Defendant NO. 2003 - 3438 CIVIL IN CUSTODY Prior Judge: Edgar B. Bayley CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent infonnation pertaining to the child who is the subject of this litigation is as follows: Autumn D. Casey, born January 16,1990. 2. A Conciliation Conference was held on August 29, 2003, with the following individuals in attendance: The Mother, Mary Lynn Casey, with her counsel, Marcus A. McKnight, Esquire; and the Father, Don L. Casey, with his counsel, John C. Porter, Esquire. 3. The parties agree to the entry of an order in the fonn as attached. plf'-( 6) DATE 0cf k1 fl Hubert X. Gilroy, E Custody Conciliat / MARY LYNN CASEY Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-3438 CIVIL ACTION - LAW DON L. CASEY Defendant, IN CUSTODY PETITION FO EMERGENCY RELIEF TO BE DIRECTED IMMEDIATLEY TO A JUDGE: C ILD CUSTODY ORDER MODIFICATION PURSUANT TO Pa. R.c.P. 1915.4(e) i 1. On September~, 2003, by Order of this Court, per the Honorable Edgar B. Bayley, after considera~on of Hubert X. Gilroy's Conciliation Report, the Parties were granted shared legal and physical custody of the minor child, Autumn D. Casey, born , , January 16, 19~0. i 2. The minor chilf is 13 (thirteen) years old. 3. The Plaintiff s period of shared custody of the minor child is currently every other , week, with excfumges to be made at 6:00 P.M. Sunday evenings. 4. Defendant has ~ustodY of the minor child the week beginning November 3m and i ending Novem~er 9th, 2003. 5. Since this cof's September 9th Order, the circumstances affecting the best interests and permanent!welfare of the minor child have substantially changed. ! ! 6. Plaintiff has asrumed two jobs which require her to be absent from her apartment- home from ap~roximatelY the time the minor child is dropped-off by her school bus until 9:00 P.Mj and from approximately Midnight until 5:00 A.M. i 7. Consequently, the minor child is substantially alone each week-day evening the Plaintiff has custody -- from the time the minor child is dropped-off by her school bus until the time sbe goes to bed/until she has to ready herself for school the next day. 8. The minor child is extremely distraught by these periods of abandonment. 9. Plaintiff has failed to consider the best interests of the minor child when choosing employment. ! , I , 10. Defendant is rerdy, willing, and able to care for the minor child and to be present in i the home durinf the evenings every day he has physical custody of the minor child. 11. Defendant beg~ the court to grant him primary physical custody of the child, , Autumn D. C~ey, subject to Plaintiffs partial periods of custody, which shall be when Plaintiff Will not leave the minor child to fend for herself. ! 12.The best interefts and permanent welfare of the minor child, Autumn D. Casey, will be served by ~s Court granting an expedited emergency conference or hearing I regarding her fstOdY arrangement. , WHEREFORE, Dtfendant requests this court to schedule as soon as possible an emergency confer4nce, in person or by telephone, with counselor an emergency hearing , I to take testimony. ! Co Jo C. Porter, Esq. Pa Sup. Ct.lD# 90152 61 West Louther Street Carlisle, Pennsylvania 17013 (717) 249-1177 VERIFICATION I verify that the statements made in this complaint are true and correct. I understand that false statements mll-de herein are subject to the penalties under 18 Pa. C. S. ~ 4904 relating to unsworn falsification to authorities. 7)- - MARY LYNN CASEY Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-3438 CIVIL ACTION - LAW DON L. CASEY Defendant, IN CUSTODY CERTIFICATE OF SERVICE I, John C. ~orter, counsel for Don 1. Casey, hereby certify that a copy of the Petition For Emer~ency Relief To Be Directed Immediately To A Judge: Child Custody i Order Modificatiot Pursuant To Pa. RC.P. 1915.4(e), directed to Plaintiff, Mary Lynn , Casey, was served rpon Plaintiff via her Attorney-of-Record, Marcus A. McKnight, at Attorney MCKnig~'S Office at West Pomfret Professional Building, 60 West Pornfret I I Street, Carlisle, Pj 17013-3222, this 3'" day of November, 2003, by first-class mail, postage prepaid, d hand delivery. Co se1 for the Defendant John C. Porter, Esq. Pa Sup. Ct. ID# 90152 61 West Louther Street Carlisle, Pennsylvania 17013 (717) 249-1177 8 0 0 <.oJ -n ",.. :;r: "4 ;H6" c::; ~.l: ""Tl (T~ --=: . 'f-- Z:;:l I ..-,I"n -"5> ;.1(2 W _~ w ,:-." ~. ''':'1''.) "':-" ..- t.:; :%>0 .~~~ ~8 ::J:: ? 2 l:"" ~ =< c..> -< NOV 0 3 2003 D ~ MARY LYNN CASEY Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-3438 CIVIL ACTION - LAW DON L. CASEY Defendant, IN CUSTODY ORDER . 3" AND NOW thiS day of tJ~ , 2003, it is ORDERED that the parties shall appear for an Emergency Child Custody Hearing Pursuant to Pa. R.C-P. , ."... 1915.4(e) on the -17 day of November, 2003, at.1..:~A..m. in Courtroom Number,s- inithe Cumberland County Courthouse, Courthouse Square, Carlisle, PA 17013. By the'C~, ( .\. , - ~ ,~~~f~ J. (1 !t. ~~ \'~ ~ .l\' I:) 'j-! ~ ~ ~~ 'VIMtAiASNN3d ALNnct) m'Yli-I]8wno 15 :c Wd t- ~ON to 'UV'C""'''j'"", C'J :10 /\CJV..L,. iJ\jvt'I.~'U:::!G :::H.jl 30/:130-0:171:1 MARY L YNN CAS~Y, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW DON L. CASEY, Defen4ant 2003 - 3438 CIVIL TERM IN CUSTODY ~ETITION FOR MODIFICATION OF CUSTODY AND NOW cpmes the Plaintiff, Mary Lynn Casey, by her attorneys, Irwin, McKnight and Hughes, and pres~ts the following Complaint for Custody. 1. The Plaintiff i~ Mary Lynn Casey, an adult individual residing at 820 Belvedere Street, Apartment 2, Carlisle, ~umberland County, Pennsylvania 17013. 2. The Defendant lis Don 1. Casey, an adult individual residing at 1471 Pine Road, Carlisle, Cumberland County, P~nnsylvania 17013. 3. The parties are ~e natural parents of one (1) minor child, namely Autumn D. Casey, born January 16, 1990. 4. Currently, by Order of Court dated September 9, 2003, signed by Judge Edgar B. Bayley, the parties have shared legal and shared physical custody ofthe minor child. See attached Order of Court and Conciliation Conference Summary Report attached as Exhibit "A". , 5. The Plaintiff dpsires primary physical custody of the minor child, Autumn D. Casey, and joint legal custody wi~ periods of visitation to Defendant as can be mutually arranged between the parties. 6. It is in the bes~ interest of Autumn D. Casey to reside primarily with the Plaintiff, Mary Lynn Casey, for the f0110wing reasons: A. The Defendant, Don L Casey, is repeatedly under the influence of alcohol while , the minor child is in hi$ custody; B. The Defendant, Don L Casey, has an ongoing problem with anger while the minor child is in his cUftody; C. The PlaIntiff is able to provide the structure necessary for the minor child to I , succeed in school; and i I D. The De~ndant has refused to participate in counseling regarding the needs of the minor child. 7. The best interes~ and permanent welfare of the minor child requires that the Court grant the Plaintiff's request ~ set forth above. I I WHEREFORE, Plaintiff, Mary Lynn Casey, respectfully requests that she be awarded primary physical custody and shared legal custody of the minor child, Autumn D. Casey, as provided herein, with !periods of temporary custody to Defendant as provided herein. Respectfully submitted, IRWIN, McKNIGHT & HUGHES Date: f~~ ~ ;1003 : , Marcus 1\. McKni t, III, Attorney for Plainti 60 West Pomfret Stree Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Supreme Court L D. No. 25476 By: EXHIBIT "A" MARY LYNN CASEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW DON L. CASEY, Defendant NO. 2003 - 3438 CIVIL IN CUSTODY COURT ORDER AND NOW, this ~ day of d 1?/Jlm9 J<A J , 2003, upon consideration of the ,attached Custody ConciIi tion Report, it is ordered and directed that this court's prior order of August 11, 2003 is vacated and replaced with the following order: 1. The Mjother, Mary Lynn Casey, and the Father, Don L. Casey, shall enjoy shared I legal and shared physical custody of Autumn D. Casey, born January 16, 1990. 2. Physical custody shall be handled with the parties sharing custody on a week on/wee\<: off basis. Absent an agreement between the parties otherwise, the partieslshall exchange custody of the minor child on Sunday evenings at 6:00 p.m. 3. Until Father obtains a driver's license, Mother shall handle transportation for exchange of custody. Once Father obtains a license, the non-custodial parent shall pitk up the child at the other parent's home. 4. This order may be modified by the parties in the event the parties reach an agreement for a modification. However, absent an agreement between the parties,. this order shall control. 5. The pllrties shall cooperate with Autumn going to counseling with the counselor Autumn has been seeing. Costs of the counseling shall be paid for by Mother. 6. For pUrJPoses of residency and in light of the fact that this is a shared physical and sh~red legal custody arrangement, it is agreed that Autumn's residency shall belin the Big Spring School District for purposes of attending school. 7. This order is issued pursuant to an agreement reached by the parties at a custody conciliation conference. In the event the parties desire to modify this agreement, the parties may petition the court to have the case again scheduled with the conciliator. BY THE COURT, l5! mf'h J -fJ, &1 f Edgar B. ayley cc: John C. Porter, Esquire Marcus A. McKnight, Esquire TRUE COpy FROM RECORD d In T estimony w~e eol, I here unt? set my han ;n ~~.sg.~.~f stEC uf~~.~a. . \ .~......... .~. . . "pr thonotary MARY LYNN CASEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW DON L. CASEY, Defendant NO. 2003 - 3438 CIVIL IN CUSTODY Prior Judge: Edgar B. Bayley CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WIlli THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent' infonnation pertaining to the child who is the subject of this litigation is as follows: Autumn D. Casey, born January 16, 1990. 2. A Conciliation Conference was held on August 29, 2003, with the following individuals in attendance: The Mother, Mary Lynn Casey, with her counsel, Marcus A. McKnight, Esquire; and the Fathet, Don L. Casey, with his counsel, John C. Porter, Esquire. 3. The parties agree to the entry of an order in the fonn as attached. t! f'/6) ATE ~ ~f2 Hubert X. Gilroy, E Custody Conciliat VERIFICATION The foregoing!document is based upon information which has been gathered by counsel and myself in the pre~aration of this action. I have read the statements made in this document and they are true and ~orrect to the best of my knowledge, information and belief. I understand ! that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. I _,,/c". _/' Date: November 7, 2003 ~ ~ ::c -C: w V\ o ~ '^""" 5i--::l ~ o ~; ~t!~; "" ~ 8 .......-o?- ~ <' ....c- :5 ' e--S' -r- --r S;!::':. ~~ ~ ,- ~~ ;, I ---J ~ :;. -n '. -q /.if~ .-::t )::. ::-JJ -< 1".) (;0 MARY L YNN CAS~Y, Plainl!iff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW , DON L. CASEY, i. Defen~ant I I 2003 - 3438 CIVIL TERM IN CUSTODY ETITION FOR MODIFICATION OF' CUSTODY AND NOW ~omes the Plaintiff, Mary Lynn Casey, by her attorneys, Irwin, McKnight and Hughes, and pres~nts the following Complaint for Custody. ! ! ! , I I 1. The Plaintiff i~ Mary Lynn Casey, an adult individual residing at 820 Belvedere Street, Apartment 2, Carlisle, I Cumberland County, Pennsylvania 17013. I ! I 2. ! The Defendant is Don L. Casey, an adult individual residing at 1471 Pine Road, Carlisle, Cumberland County, ennsylvania 17013. ! 3. The parties are ~e natural parents of one (1) minor child, namely Autumn D. Casey, born January 16, 1990. 4. Currently, by brder of Court dated September 9, 2003, signed by Judge Edgar B. Bayley, the parties have sharel:llegal and shared physical custody of the: minor child. See attached Order of Court and Concili1ion Conference Summary Report attached as Exhibit "A". i , I I The Plaintiff ~sires primary physical custody of the minor child, Autumn D. Casey, and joint legal custody Wi~ periods of visitation to Defendant as can be mutually arranged between 5. the parties. 6. It is in the be~t interest of Autumn D. Casey to reside primarily with the Plaintiff, Mary Lynn Casey, for the follOWing reasons: A. The Defendant, Don L. Casey, is repeatedly under the influence of alcohol while the minor child is in hi~ custody; B. The Dfendant, Don L. Casey, has an ongoing problem with anger while the minor child is in his cuftodY; C. The PI+ntiff is able to provide the structure necessary for the minor child to succeed in school; and i D. The Detndant has refused to participate in counseling regarding the needs of the minor child. i 7. The best interes s and permanent welfare of the minor child requires that the Court grant the Plaintiff's request a set forth above. WHEREFOQ:E, Plaintiff, Mary Lynn Casey, respectfully requests that she be awarded primary physical custiody and shared legal custody of the minor child, Autumn D. Casey, as provided herein, with periods of temporary custody to Defendant as provided herein. Respectfully submitted, IRWIN, McKNIGHT & HUGHES By: Date: ;/~'J.w ~. ;1(0) EXHIBIT "A" MARY LYNN CASEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v CIVIL ACTION - LAW DON L. CASEY, Defendant NO. 2003 - 3438 CIVIL IN CUSTODY COURT ORDER AND NOW, this ~ day of d~ltm9J-e.J , 2003, upon consideration of the !attached Custody Concili tion Report, it is ordered and directed that this court's prior order of August 11, 2003 is vacated and replaced with the following order: 1. The M!other, Mary Lynn Casey, and the Father, Don L. Casey, shall enjoy shared! legal and shared physical custody of Autumn D. Casey, born January 16, 1990. 2. Physical custody shall be handled with the parties sharing custody on a week on/week off basis. Absent an agreement between the parties otherwise, the partieslshall exchange custody of the minor child on Sunday evenings at 6:00 p.m. 3. Until Fnther obtains a driver's license, Mother shall handle transportation for exchan~e of custody. Once Father obtains a license, the non-custodial parent shall pkk up the child at the other parent's home. 4. This Oljder may be modified by the parties in the event the parties reach an agree~nt for a modification. However, absent an agreement between the partiesj this order shall control. 5. The p~rties shall cooperate with Autumn going to counseling with the counselOr Autumn has been seeing. Costs of the counseling shall be paid for by Motfier. 6. For pu~poses of residency and in light of the fact that this is a shared physical and sh~red legal custody arrangement, it is agreed that Autumn's residency shall be in the Big Spring School District for purposes of attending school. 7. This order is issued pursuant to an agreement reached by the parties at a custody conciliation conference. In the event the parties desire to modify this agreement, the parties may petition the court to have the case again scheduled with the conciliator. BY THE COURT, cc: John C. Port~r, Esquire Marcus A. MtKnight, Esquire TRUE COpy FROM RECORD d In Testimony w0e eof, I here unt? set my han an he ~I of stEC urt~h e, Pa. T f. .. .,. ..........:...~..:...~... MARY LYNN CASEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW DON L. CASEY, Defendant NO. 2003 - 3438 CIVIL IN CUSTODY Prior Judge: Edgar B. Bayley ru~CILlATION CONFERENCE SUMMARY REPORT , IN ACCORDANCt WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915f3-8{b), the undersigned Custody Conciliator submits the following report: , 1. The pertinen~ infonnation pertaining to the child who is the subject of this litigation is as follows: : I Autumn D. C~ey, born January 16,1990. 2. I A Conciliati1n Conference was held on August 29, 2003, with the following individuals in I attendance: i The Mother, IMary Lynn Casey, with her counsel, Marcus A. McKnight, Esquire; and the Father, Don L. Casey, with his counsel, John C. Porter, Esquire. I The parties a~ree to the entry of an order in the form as attached. 3. t!r/6 ) ATE 0t kJ {l Hubert X. Gilroy, E Custody Conciliat / VERIFICATION The foregoing document is based upon information which has been gathered by counsel and myself in the pre aration of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, infbrmation and belief. I understand that false statements erein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, ro""'., to ,,_ro tifi"tinn to ",t1""'ti~. Date: November 7, 2003 0 " r;f"r ~: ~ (::> VI ;:g ~"c~, .- i' ~ ~ 0 Z",: Qj\ I '>i"F- 8 ._J - r:: l.., -J2 5l-::l .-----= ~;~(~. '.1:1 -r: ~ ?- :t <:i ~ c: ~ -7 "- ~~ ::;! 1" '" ():) -K"" :> <:.::;;..-~ r.- -r- () -,:;, ,.... '.:/ . -q --~ () ,"jrn .'t:! :.iJ -< ~ti MARY LYNN CASEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-3438 CIVIL TERM DON L. CASEY, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 7th day of November, 2003, the order of September 9, 2003, shall be amended to add the following provision: The child shall not be left in the home without adult supervision between the hours of 8:30 p.m. and 6:00 a.m. This provision shall apply to both parties when the child is in their custody. In all other respects, the order of September 9, 2003, shall remain in full force and effect. This matter may be referred to conciliation for further modification of the September 9, 2003, order upon the request of either party. Edward E. Guido, J. ~rcus A. McKnight, III, For PlaintifflRespondent ~ C. Porter, Esquire For Defendant/Petitioner Esquire "7 F~ L.'.P'\RKS 1/-/~-{f3 srs VIN\lA1ASNN3d VlNGt..,'i ,'"'1\ 1',J"lJ::-':ir~!~" I '''-..-j, "',",1 .~1'__,~,!'~r IV LO:6 Hl1 Z I flON to ^t1V1Gi\Uh.~\..,:' J' ~';~:l :10 3~lIj~Cr'Gj'.'tL~1 MARY LYNN CASEY PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 03-3438 CIVIL ACTION LAW DON L. CASEY DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, November 20, 2003 , upon consideration of the attached Complaint, , the conciliator, at 9:30 AM it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, December 18,2003 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. An 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 bours prior to scbeduled bearing. FOR THE COURT. By: /s/ T-l ubert X. Gilroy, Esq. Custody Conciliator L- 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. An 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 TIUS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIIE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 '~~#~.~~ . .~ ~~ .~'S ~J!/ ~ ?z~4~ V1N\l,'H\SM ~3d Nil I!OI'~) "" ,.., '_'_"11'" ., 'J) :,.J" !_,:<': ,L':h',~lJ.{I., h.J S;; :[ lid I Z 11011 SO :!O <<?'/!?/I [<?/{>-// E'cJ'/~ II DE~3 2003 MARY LYNN CASEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v CIVIL ACTION - LAW DON L. CASEY, Defendant NO. 2003 - 3438 CIVIL IN CUSTODY COURT ORDER AND NOW, this -z.., day of December, 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. This court's prior Orders of September 9, 2003 and November 7, 2003 shall remain in effect subject to the modifications as set forth below. 2. The holiday scheduled for the upcoming holiday shall be as follows: A. The Mother shall have custody of the minor child from Christmas Eve at 2:00 p.m. until Christmas Day at 2:00 p.m. Father shall have custody on Christmas Day at 2:00 through December 26'" at 2:00 p.m. B. Mother shall have custody of the minor child from December 30, 2003 at 6:00 p.m. until January 1, 2004 at 6:00 p.m. Father shall have custody from January 1, 2004 at 6:00 p.m. and resume his time with the child pursuant to the regular bi-weekly schedule. 3. The parties shall submit themselves to a custody evaluation to be performed by Dr. Arnold Shienvold. Costs of the evaluation shall be paid for by the Mother. However, this shall be an independent evaluation performed by Dr. Shienvold with the results of the evaluation shared with legal counsel for both parties. Upon the conclusion of the evaluation and in the event the parties are unable to reach an agreement on a permanent custody order at that time, legal counsel for either party may contact the conciliator directly to have a custody conciliation conference sChed~~d~el~hone conference call. BY Tl:IE C~URT~P / /' cc: John C. Porter, Esquire Marcus A. McKnight, Esquir C~t<J ~. IcL-J-f-d3 Ok J. ..,-;. 2.\'J~. fEi~:: j)c3 L)O:~ LJjIJ... El! ~L'! i-~ l,- (,-) 0", (''\1 <:..:> I.,~ c.::) ""' "'" '= "" . (.~~") - ...~- r~. ", ~;"- ,.'...... ''-l.;..(' -'':"'''-'.(" , ; ~ .:. ,::'i (~2 .;j::E ::;) o MARY LYNN CASEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v CIVIL ACTION - LAW DON L. CASEY, Defendant NO. 2003 - 3438 CIVIL IN CUSTODY Prior Judge: Edgar B. Bayley CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent infonnation pertaining to the child who is the subject of this litigation is as follows: Autumn D. Casey, born January 16, 1990. 2. A Conciliation Conference was held on Decembel' 19, 2003, with the following individuals in attendance: The Mother, Mary Lynn Casey, with her counsel, Marcus A. McKnight, III, Esquire; and the Father, Don L. Casey, with his counsel, John C. Porter, Esquire. 3. Based upon the discussion with the parties at the custody conciliation conference, the conciliator recommends the entry of an order in the fonn as attached. ~ DATE a~/~ Hubert X. Gilroy, E Custody Concillat MARY LYNN CASEY, Plaintiff /Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLANlI> COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2003 - 3438 CIVIL TERM DON L. CASEY, DefendantlRespondent IN CUSTODY PETITION FOR MODIFICATION OF' CUSTODY AND NOW comes the PlaintifflPetitioner, Mary Lynn Casey, by her attorneys, Irwin & McKnight, and presents the following Petition for Modification of Custody. 1. The Plaintiff is Mary Lynn Casey, an adult individual residing at 1032 West Pomfret Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is Don L. Casey, an adult individual residing at 1471 Pine Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are the natural parents of one (1) minor child, namely Autumn D. Casey, born January 16,1990. 4. By Order of Court dated September 9, 2003, signed by Judge Edgar B. Bayley, the parties have shared legal and shared physical custody of the minor child. See attached Order of Court and Conciliation Conference Summary Report attached as Exhibit "A". 5. The Order of Court dated September 9, 2003, was amended by Order of Court dated November 7, 2003, and signed by Judge Edward E. Guido. See attached Order of Court attached as Exhibit "B". 6. An Order of Court dated December 29, 2003, signed by Judge Edgar B. Bayley, mQdified the two previous Orders of Court. See attached Order of Court attached as Exhibit "C". 7. The Plaintiff desires primary physical custody of the minor child, Autumn D. Casey, and joint legal custody with periods of visitation to Defendant as can be mutually arranged between the parties. 8. It is in the best interest of Autumn D. Casey to reside primarily with the Plaintiff, Mary Lynn Casey. 9. The best interests and permanent welfare of the minor child requires that the Court grant the Plaintiff's request as set forth above. WHEREFORE, Plaintiff, Mary Lynn Casey, respectfully requests that she be awarded primary physical custody and shared legal custody of the minor child, Autumn D. Casey, as provided herein, with periods of temporary custody to Defendant as provided herein. Respectfully submitted, By: Date: September 13, 2005 MARY LYNN CASEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW DON L. CASEY, Defendant NO. 2003 - 3438 CIVIL IN CUSTODY COURT ORDER AND NOW, this ~ day of d.:g/J/m9J-e.AJ . 2003, upon consideration of the attached Custody Concili ion Report, it is ordered and directed that this court's prior order of August 11, 2003 is vacated and replaced with the following order: I. The Mother, Mary Lynn Casey, and the Father, Don L. Casey, shall enjoy shared legal and shared physical custody of Autumn D. Casey, born January 16, 1990. 2. Physical custody shall be handled with the parties sharing custody on a week on/week off basis. Absent an agreement between the parties otherwise, the parties shall exchange custody of the minor child on Sunday evenings at 6:00 p.m. 3. Until Father obtains a driver's license, Mother shall handle transportation for exchange of custody. Once Father obtains a license, the non-custodial parent shall pick up the child at the other parent's home. 4. This order may be modified by the parties in the event the parties reach an agreement for a modification. However, absent an agreement between the parties, this order shall control. 5. The parties shall cooperate with Autumn l~oing to counseling with the counselor Autumn has been seeing. Costs of the counseling shall be paid for by Mother. 6. For purposes of residency and in light of the fact that this is a shared physical and shared legal custody arrangement, it is agreed that Autumn's residency shall be in the Big Spring School District for purposes of attending school. 7. This order is issued pursuant to an agreement reached by the parties at a custody conciliation conference. Iri the event the parties desire to modify this agreement, the parties may petition the court to have the case again scheduled with the conciliator. BY THE COURT, cc: John C. Porter, Esquire Marcus A. McKnight, Esquire TRUE COpy IFROM RECORD d In Testimony w~e eof, .1 here unt? set my han an he ~l of Sad C urt~h e, Pa. ~f .. .," T "'UiJl . .._..~... MARY LYNN CASEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW DON L. CASEY, Defendant NO. 2003 - 3438 CIVIL IN CUSTODY Prior Judge: Edgar B. Bayley CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE, WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent infonnation pertaining to the child who is the subject of this litigation is as follows: Autumn D. Casey, born January 16, 1990. 2. A Conciliation Conference was held on August 29, 2003, with the following individuals in attendance: The Mother, Mary Lynn Casey, with her counsel, Marcus A. McKnight, Esquire; and the Father, Don L. Casey, with his counsel, John C. Porter, Esquire. 3. The parties agree to the entry of an order in the form as attached. tf f'-( 6) ATE H~. ~ro$re Custody Conciliat~ / MARY LYNN CASEY, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-343Ei CIVIL TERM DON L. CASEY, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 7th day of November, 2003, the order of September 9, 2003, shall be amended to add the following provision: The child shall not be left in the home without adult supervision between the hours of 8:30 p.m. and 6:00 a.m. This provision shall apply to both parties when the child is in their custody. In all other respects, the order of September 9, 2003, shall remain in full force and effect. This matter may be referred to conciliation for further modification of the September 9, 2003, order upon the request of either party. By the Co t ) \ J. ~arcus A. McKnight, III, For PlaintifflRespondent Esquire . . '". .. !.. ' _' .,it... John. ~ .;;j?~ter, Esquire .- For Defen&l~t/Peti tioner .; , . T T~UE COpy FROM RECORD In I cst/mony whueof, I h~re nte set my hand and he seal of said Court a Carlisle, Pa. i!ql2.... . .. .. . .011......, '. .., . " .... P othonotary ~.,' srs DEe 2 3 2003 MARY LYNN CASEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW DON L. CASEY, Defendant NO. 2003 - 34:18 CIVIL IN CUSTODY COURT ORDER AND NOW, this a q day of December, 2003, upon consideration of the attached Custody Conciliation Repo~s ordered and directed as follows: 1. This court's prior Orders of September 9, 2003 and November 7, 2003 shali remain in effect subject to the modifications as set forth below. 2. The holiday scheduled for the upcoming holiday shall be as follows: A. The Mother shall have custody of the minor child from Christmas Eve at 2:00 p.m. until Christmas Day at 2:00 p.m. Father shall have custody on Christmas Day at 2:00 through December 26'" at 2:00 p.m. B. Mother shall have custody of the minor child from December 30, 2003 at 6:00 p.m. until January I, 2004 at 6:00 p.m. Father shall have custody from January 1, 2004 at 6:00 p.m. and resume his time with the child pursuant to the regular bi-weekly schedule. 3. The parties shall submit themselves to a custody evaluation to be performed by Dr. Arnold Shienvold. Costs of the evaluation shall be paid for by the Mother. However, this shall be an independent evaluation performed by Dr. Shienvold with the results of the evaluation shared with legal counsel for both parties. Upon the conclusion of the evaluation and in the event the parties are unable to reach an agreement on a permanent custody order at that time, legal counsel for either party may contact the conciliator directly to have a custody conciliation conference scheduled via a telephone conference call. BY THE COURT" cc: John C. Porter, Esquire Marcus A. McKnight, Esquire 'S lBt UA-- P b~ Edgar B. ~y y , I - J 0 TRtJ!e (,oPY FROM RECORe In l'esti!li\)I\~ wh..roof. , hElfll unto set my IWlCI ';j.~~' ^,," . "'"~J'-",.? ,- '~tr MARY LYNN CASEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW DON L. CASEY, Defendant NO. 2003 - 3438 CIVIL IN CUSTODY Prior Judge: Edgar B. Bayley CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent infonnation pertaining to the child who is the subject of this litigation is as follows: Autumn D. Casey, born January 16, 1990. 2. A Conciliation Conference was held on December 19, 2003, with the following individuals in attendance: The Mother, Mary Lynn Casey, with her counsel!, Marcus A. McKnight, III, Esquire; and the Father, Don L. Casey, with his counsel, John C. Porter, Esquire. 3. Based upon the discussion with the parties at the custody conciliation conference, the conciliator recommends the entry of an order in the fonn as attached. ~ DATE a I{J)/J Hubert X. Gilroy, I~Uire Custody Concili~~ . ,.~.. ~,~\ .; ..Ji J""<< ...___. .,J, ""( VERIFICATION The foregoing Petition for Modification of Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the bi~st of my knowledge, information and belief. I understand that false statements herein made arf' subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authOlities. ~ih' Date: September 13, 2005 ~ ~ \.) -bq. (~., " '" ~ .... ik ~i;~, _.._- D '" ""- Ii'- "" \> "'9 ~ ~ '....', -, \l .... :~J W .", '-0 ~ ----. MARY LYNN CASEY PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 03-3438 CIVIL ACTION LAW DON L. CASEY DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, September 21, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, October 20, 2005 , the conciliator, at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All ehildren 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: /s/ Hubert X Gilrov. Esq. . y 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 HA VE 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 . # k~)I. ~ ~ -'6;l 5&J. eef; . h .;2- ~_?:>->f/ 7!L, 50' ee. f; ~z7W P1~~'fW 9/'t't'.O \7'il\~\'!!\'..ll {'>:-, I~ I '.J 1 _ _,. _,.\,"~l"-'C- }.!,\i\\if-, ,.-.. ',. ...: ....... ~r i'~/.,' . 01 :[; Hd ZZ d3S SOOl AU\ilONOHlOUd 3Hl :10 3JH:iO-G31I:l OCT 2 6 2005 IT MARY LYNN CASEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v NO. 03-3438 CIVIL ACTION - LAW DON L. CASEY, Defendant IN CUSTODY ORDER OF COURT AND NOW, this ~ day of October, 2005, upon consideration of the attached Custody Conciliation Report, this Court's prior Order of September 9, 2003 is vacated and replaced with the following Order: 1. The Mother, Mary Lynn Casey, and the Father, Don L. Casey, shall enjoy shared legal and shared physical custody of Autumn D. Casey, born January 16, 1990. 2. The child shall reside with Mother. 3. Father shall have periods of temporary custody with the minor child as agreed upon by the parties. 4. For purposes of schooling, the child shall remain in the Big Spring School District, and Big Spring shall be deemed the child's residence for school attendance under this shared custody arrangement. 5. In the event the Father desires to modify this Order, the Father may petition the Court to have the case again scheduled with the Custody Conciliator for a conference. BY THE COl!ltT-: .' ~/ . /' / .... / ,~ Cc: ~arcus A. McKnight, Esquire ..--Mr. Don L. Casey \...:::: Edgar B. L_ T) '- ..;J " . MARY LYNN CASEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v NO. 03-3438 CIVIL ACTION - LAW DON L. CASEY, Defendant IN CUSTODY Prior Judge: The Honorable Edgar B. Bayley CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Autumn D. Casey, born January 16, 1990 2. A Conciliation Conference was held on October 20, 2005 with the following individuals in attendance: The Mother, Mary Lynn Casey, with her counsel, Marcus A. McKnight, Esquire The Father did not attend. The Father notified Mother the day of hearing that he was not planning on attending. 3. The circumstances of this case are that the minor child voluntarily went to live with the Mother in August of this year, and the parties just need an Order reflecting the realities of the existing custody. 4. The Conciliator recommends an Order in the fonn as attached. Date: to -:J ~- D~