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HomeMy WebLinkAbout99-06991GREGORY J. NAGS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 99-6991 Civil Tenn DIANE C. PARKER, CUSTODY Defendant ORDER OF COURT AND NOW, this 7 44 Day of a=; 1999, upon presentation and consideration of the within Motion, it-is-l?..F.1?..r r.?-ti'`raaraa-?r d `pis ^at+#'s ';der 9 5 u.T 3 30 ,D •m. 6aw.^ 13 S' pF ?4 Cc.w 1om(..1 C.,s? '-t?lw?, [aG.R.? ?a•? 70 3, n ` -? ? . - r ere a e parties are directed to BY THE COURT: The Honorable Edward E. Guido, Judge GREGORY J. NAGE, Plaintiff vs. DIANE C. PARKER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6991 Civil Term CUSTODY MOTION TO VACATE ORDER DATED NOVEMBER 24 1999 AND NOW, this 29" day of November, 1999, comes Diane C. Parker, by her attorney, Diane M. Rupich, Esquire, and respectfully requests the following: 1. Your Movant is Diane C. Parker, an adult individual, who currently resides at 6513 Van Dyke Street, Philadelphia, Pennsylvania 19135. 2. The Plaintiff, Gregory J. Nage, is an adult individual, who currently resides at 1548 Sheepford Road, Mechanicsburg, Pennsylvania 17055. 3. Your Honorable Court, The Honorable Edward E. Guido, entered an Order of Court dated November 24, 1999, after hearing, wherein it was Ordered that the above parties shall share custody of their minor children on a week on/ week off basis, commencing November 28, 1999, at which time, Gregory J. Nage, was to pick up the children at the mother's residence at 6:00 p.m. 3. Gregory J. Nage, with the assistance of the City of Philadelphia Police Department, served a copy of said Order upon your Movant personally at her address indicated in Paragraph one (1) above during the weekend of November 26, 1999. 4. Despite said personal service, said Gregory J. Nage failed to appear at said residence on November 28, 1999 at 6:00 p.m. to pick up the children, pursuant to said Order. 5. Gregory J. Nage failed to serve Diane C. Parker with a copy of the Petition and Order of Court scheduling a hearing for November 24, 1999. 6. As a result of said service, Diane C. Parker was unaware and did not appear for the hearing scheduled for November 24, 1999. 7. In addition, Diane C. Parker has not been served with a Complaint and Order setting forth a conciliation conference date. 8. The Plaintiff, Gregory J. Nage, indulges in the consumption of alcohol and marijuana on a regular basis, and has done so, throughout the parties relationship, i.e. five years. 9. Gregory J. Nage is not able to care for the parties' minor children without supervision and/or assistance of others. 10. Diane C. Parker has been the primary caretaker of the minor children since their births. 11. Diane C. Parker vacated the parties' residence as a result of the abuse and threats of Gregory J. Nage. 12. It was necessary that Diane C. Parker vacate the parties' residence without notice -3- to Gregory J. Nage, due to his violent reaction, temper and threats. 13. However, a note was left for Gregory J. Nage informing him that Diane C. Parker would be residing with her mother. 14. Despite notification of the whereabouts of his children, Gregory J. Nage did not contact Diane C. Parker or his children. 15. In the fall of 1999, Gregory J. Nage was under the influence of alcohol and Marijuana, and when he and Diane C. Parker were engaged in a verbal disagreement, the said Gregory J. Nage attempted to choke her and placed a pillow over her face attempting to suffocate her. 16. Within the last month, Gregory J. Nage caused a black and blue mark upon the face of the minor child, Miranda Lynn Nage, born July 18, 1998. Gregory J. Nage admitted to Diane C. Parker that he dropped the child in her crib. -4- 17. On December 17, 1999, the parties lease to the premises located in Mechanicsburg, Pennsylvania expires, and it is unknown where Gregory J. Nage will reside. 18. Diane C. Parker has been the primary caretaker of the parties' minor children, working only part-time, since the birth of the parties' first child in 1996. 19. Gregory J. Nape is a good father, so long as he has only limited responsibilities with the children, and so long as he is not under the influence of alcohol and marijuana. 20. When Gregory J. Nage is under the influence, he indicates that he "cannot handle" the children, should they deviate from the schedule. 21. Gregory J. Nage was able to serve Diane C. Parker with the Order of Court dated November 24, 1999 personally, but did not make the effort to serve her with the notice of the hearing scheduled for November 24, 1999, and as of this date, the said -5- i ?' Diane C. Parker has not seen or been served with the Petition and Order scheduling the hearing for November 24, 1999. 22. Gregory J. Nage may attempt to indicate that he served Diane C. Parker' stepfather, knowing full well that she was residing with her sister, as evidenced by his personal service of the Order dated November 24, 1999. 23. It is respectfully requested that your Honorable Court vacate the Order dated November 24, 1999 granting Gregory J. Nage custody of his children, week on/week off commencing November 28, 1999, and in the alternative, grant primary physical custody of the minor children to Diane C. Parker, with partial custody in Gregory J. Nage every other weekend, supervised in the home of his parents, Fridays at 8:00 p.m. until Sunday at 6:00 p.m. with the requirement that Gregory J. Nage submit to drug and alcohol testing prior to said partial custody rights. -6- WHEREFORE, Diane C. Parker, through her attorney, Diane M. Rupich, Esquire, prays your Honorable Court to grant her request herein. Respectfully submitted, BY: Diane M. R ich, qui 1017 North Fro Street Harrisburg, PA. 17102 (717) 232-9724 J.D. No. 71873 -7- 'i i : V E R I F I C AT_LO-N verify that the statements made in this motion are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA. C.S. Section 4904 relating to unsworn falsification to authorities. DATE: November 29, 1999 Diane C. Parker :f«s .t 1. I, Diane M. Rupich, Esquire, hereby certify that a true and correct copy of the within Motion has been served upon the following individuals by first class, United States mail, postage prepaid, by depositing a copy of same at the post office in Harrisburg, Pennsylvania on the Al-y day of November, 1999, addressed as follows: Gary L. Kelley, Esquire 132 Walnut Street Harrisburg, PA. 17101 Respectfully submitted, BY: Dian . R is squire 1017 North Front Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 Date: November Zj, 1999 7-It 1 l i i o r r. x k _ U 5 ? U c U U O ? .v J V ? `Y it I M 1r i- i 1 or r r r i i GREGORY J. NAGE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 99-6991 Civil Term DIANE C. PARKER, CUSTODY Defendant ORDER OF COURT AND NOW, this Day of November, 1999, upon presentation and consideration of the within Motion, it is hereby Ordered that this Court's Order dated November 24, 1999 is vacated, and that primary physical custody of the parties' minor children shall be in Diane C. Parker. Partial Custody shall be enjoyed by Gregory J. Nage every other weekend from Friday at 8:00 p.m. until Sunday at 6:00 p.m. supervised by his parents. It is further Ordered that the parties are directed to proceed through the conciliation process. BY THE COURT: The k Ionorable Edward E. Guido, Judge v r GREGORY J. NAGE, IN'I'1-1E COUl0' OF COMMON PLEAS Plaintiff CUMBE'14,AND COUNTY, PENNSYLVANIA vs. NO. 99-6991 Civil Term DIANE C. PARKER, CUSTODY ? Defendant ?- QU; MOTION TO VACATE ORUh:11 )ATED NOVEMBER 24. 1999 =? 'c{ Z: ?_t r.? ern ANID NOW, this 29'x' day of November, 1999, comes Diane C. Parker, by her attorney, Diane M. Rupich, Esquire, and respectfully requests the following: 1. Your Movant is Diane C. Purker, an adult individual, who currently resides at 6513 Van Dyke Street, Philadelphia, Pennsylvania 19135. 2. The Plaintiff, Gregory J. Nuge, is an adult individual, who currently resides at 1548 Sheepford Road, Mcchunicsburg, Pennsylvania 17055. 3. Your Honorable Court, The I lonorable Edward E. Guido, entered an Order of Court dated November 24, 1999, after hearing, wherein it was Ordered that the above parties shall share custody of their minor children on a week on/ week off basis, commencing November 28, 1999, at which time, Gregory J. Nage, was to pick up the children at the mother's residence at 6:00 p.m. 3. Gregory J. Nage, with the assistance of the City of Philadelphia Police Department, served a copy of said Order upon your Movant personally at her address indicated in Paragraph one (1) above during the weekend of November 26, 1999. 4. Despite said personal service, said Gregory J. Nage failed to appear at said residence on November 28, 1999 at 6:00 p.m, to pick up the children, pursuant to said Order. 5. Gregory J. Nage failed to serve Diane C. Parkenwith a COPY of the Petition and Order of Court scheduling a hearing for November 24, 1999. 6. As a result of said service, Diane C. Parker was unaware and did not appear for the hearing scheduled for November 24, 1999. 7. In addition, Diane C. Parker has not been served with a Complaint and Order setting forth a conciliation conference date. 8. The Plaintiff, Gregory J. Nage, indulges in the consumption of alcohol and marijuana on a regular basis, and has done so, throughout the parties relationship, i.e. five years. 9. Gregory J. Nage is not able to care for the parties' minor children without supervision and/or assistance of others. 10. Diane C. Parker has been the primary caretaker of the minor children since their births. 11. Diane C. Parker vacated the parties' residence as a result of the abuse and threats of Gregory J. Nage. 12. It was necessary that Diane C. Parker vacate the parties' residence without notice -3- to Gregory J. Nage, due to his violent reaction, temper and threats. 13. However, a note was left for Gregory J. Nage inforniing him that Diane C. Parker would be residing with her mother. 14. Despite notification of the whereabouts of his children, Gregory J. Nage did not contact Diane C. Parker or his children. 15. In the fall of 1999, Gregory J. Nage was under the influence of alcohol and Marijuana, and when he and Diane C. Parker were engaged in a verbal disagreement, the said Gregory J. Nage attempted to choke her and placed a pillow over her face attempting to suffocate her. 16. Within the last month, Gregory J. Nage caused a black and blue mark upon the face of the minor child, Miranda Lynn Nage, born July 18, 1998. Gregory J. Nage admitted to Diane C. Parker that he dropped the child in her crib. -4- 17. On December 17, 1999, the parties lease to the premises located in Mechanicsburg, Pennsylvania expires, and it is unknown where Gregory J. Nage will reside. 18. Diane C. Parker has been the primary caretaker of the parties' minor children, working only part-time, since the birth of the parties' first child in 1996. 19. Gregory J. Naje is a good father, so long as he has only limited responsibilities with the children, and so long as he is not under the influence of alcohol and marijuana. 20. When Gregory J. Nage is under the influence, he indicates that he "cannot handle" the children, should they deviate from the schedule. 21. Gregory J. Nage was able to serve Diane C. Parker with the Order of Court dated November 24, 1999 personally, but did not make the effort to serve her with the notice of the hearing scheduled for November 24, 1999, and as of this date, the said -5- Diane C. Parker has not seen or been served with the Petition and Order scheduling the hearing for November 24, 1999. 22. Gregory J. Nage may attempt to indicate that he served Diane C. Parker' stepfather, knowing full well that she was residing with her sister, as evidenced by his personal service of the Order dated November 24, 1999. 23. It is respectfully requested that your Honorable Court vacate the Order dated November 24, 1999 granting Gregory J. Nage custody of his children, week on/week off commencing November 28, 1999, and in the alternative, grant primary physical custody of the minor children to Diane C. Parker, with partial custody in Gregory J. Nage every other weekend, supervised in the home of his parents, Fridays at 8:00 p.m. until Sunday at 6:00 p.m. with the requirement that Gregory J. Nage submit to drug and alcohol testing prior to said partial custody rights. -6- WHEREFORE, Diane C. Parker, through her attorney, Diane M. Rupich, Esquire, prays your Honorable Court to grant her request herein. Respectfully submitted, BY: ?fwc Diane M. RupiOquirree 1017 North Fro Harrisburg, PA. 17102 (717) 232-9724 I.D. No. 71873 I I -7- VERI_ FIQA_T1.O.bl I verify that the statements made in this notion are true and correct. I understand tnat false statements herein are made subject to the penalties of 18 PA. C.S. Section 4904 relating to unsworn falsification to authorities. DATE: November 29, 1999 Diane C. Parker Al IQ CERIIFICATE OF SERVICE 1, Diane M. Rupich, Esquire, hereby certify that a true and correct copy of the within Motion has been served upon the following individuals by first class, United States mail, postage prepaid, by depositing a copy of same at the post office in Harrisburg, Pennsylvania on the day of November, 1999, addressed as follows: Gary L. Kelley, Esquire 132 Walnut Street Harrisburg, PA. 17101 Respectfully submitted, Diane M. Ru ie squire 1017 North Front Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 Date: November Z/, 1999 GREGORY J. NAGE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 99-6991 Civil Term DIANE C. PARKER, CUSTODY Defendant ORDER OF COURT AND NOW, this Day of November, 1999, upon presentation and consideration of the within Motion, it is hereby Ordered that this Court's Order dated November 24, 1999 is vacated, and that primary physical custody of the parties' minor children shall be in Diane C. Parker. Partial Custody shall be enjoyed by Gregory J. Nage every other weekend from Friday at 8:00 p.m. until Sunday at 6:00 p.m. supervised by his parents. It is further Ordered that the parties are directed to proceed through the conciliation process. BY THE COURT:. The Honorable Edward E. Guido, Judge ?f GREGORY J. NAGE, Plaintiff vs. DIANE C. PARKER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6991 Civil Tenn CUSTODY r.- r 40 •"7 c? , N V AND NOW, this 29" day of November, 1999, comes Diane C. Parker, by her attorney, Diane M. Rupich, Esquire, and respectfully requests the following: 1. Your Movant is Diane C. Parker, an adult individual, who currently resides at 6513 Van Dyke Street, Philadelphia, Pennsylvania 14135. 2. The Plaintiff, Gregory J. Nage, is an adult individual, who currently resides at 1548 Sheepford Road, Mechanicsburg, Pennsylvania 17055. :J l ri J .'(1 -G 3. Your Honorable Court, The 1-lonorable Edward E. Guido, entered an Order of Court dated November 24, 1999, after hearing, wherein it was Ordered that the above parties shall share custody of their minor children on a week on/ week off basis, commencing November 28, 1999, at which time, Gregory J. Nage, was to pick up the children at the mother's residence at 6:00 p.m. 3. Gregory J. Nage, with the assistance of the City of Philadelphia Police Department, served a copy of said Order upon your Movant personally at her address indicated in Paragraph one (l) above during the weekend of November 26, 1999. 4. Despite said personal service, said Gregory J. Nage failed to appear at said residence on November 28, 1999 at 6:00 p.m. to pick up the children, pursuant to said Order. 5. Gregory J. Nage failed to serve Diane C. Parker with a copy of the Petition and Order of Court scheduling a hearing for November 24, 1999. 6. As a result of said service, Diane C. Parker was unaware and did not appear for the hearing scheduled for November 24, 1999. 7. In addition, Diane C. Parker has not been served with a Complaint and Order setting forth a conciliation conference date. 8. The Plaintiff, Gregory J. Nage, indulges in the consumption of alcohol and marijuana on a regular basis, and has done so, throughout the parties relationship, i.e. five years. 9. Gregory J. Nage is not able to care for the parties' minor children without supervision and/or assistance of others. 10. Diane C. Parker has been the primary caretaker of the minor children since their births. 11. Diane C. Parker vacated the parties' residence as a result of the abuse and threats of Gregory J. Nage. 12. It was necessary that Diane C. Parker vacate the parties' residence without notice -3- to Gregory J. Nage, due to his violent reaction, temper and threats. 13. However, a note was left for Gregory J. Nage inforn,ing him that Diane C. Parker would be residing with her mother. 14. Despite notification of the whereabouts of his children, Gregory J. Nage did not contact Diane C. Parker or his children. 15. In the fall of 1999, Gregory J. Nage was under the influence of alcohol and Marijuana, and when he and Diane C. Parker were engaged in a verbal disagreement, the said Gregory J. Nage attempted to choke her and placed a pillow over her face attempting to suffocate her. 16. Within the last month, Gregory J. Nage caused a black and blue mark upon the face of the minor child, Miranda Lynn Nage, born July 18, 1998. Gregory J. Nage admitted to Diane C. Parker that he dropped the child in her crib. k i -4- 17. On December 17, 1999, the parties lease to the premises located in Mechanicsburg, Pennsylvania expires, and it is unknown where Gregory J. Nage will reside. 18. Diane C. Parker has been the primary caretaker of the parties' minor children, working only part-time, since the birth of the parties' First child in 1996. 19. Gregory J. Najc e is a good father, so long as he has only limited responsibilities with the children, and so long as he is not under the influence of alcohol and marijuana. 20. When Gregory J. Nage is under the influence, he indicates that he "cannot handle" the children, should they deviate from the schedule. 21. Gregory J. Nage was able to serve Diane C. Parker with the Order of Court dated November 24, 1999 personally, but did not make the effort to serve her with the notice of the hearing scheduled for November 24, 1999, and as of this date, the said -5- Diane C. Parker has not seen or been served with the Petition and Order scheduling the hearing for November 24, 1999. 22. Gregory J. Nage may attempt to indicate that he served Diane C. Parker' stepfather, knowing full well that she was residing with her sister, as evidenced by his personal service of the Order dated November 24, 1999. 23. It is respectfully requested that your Honorable Court vacate the Order dated November 24, 1999 granting Gregory J. Nage custody of his children, week on/week off commencing November 28, 1999, and in the alternative, grant primary physical custody of the minor children to Diane C. Parker, with partial custody in Gregory J. Nage every other weekend, supervised in the home of his parents, Fridays at 8:00 p.m. until Sunday at 6:00 p.m. with the requirement that Gregory J. Nage submit to drug and alcohol testing prior to said partial custody rights. -6- WHEREFORE, Diane C. Parker, through her attorney, Diane M. Rupich, Esquire, prays your Honorable Court to grant her request herein. Respectfully submitted, BY: Diane M. R 1017 North Harrisburg, PA. 17102 (717) 232-9724 I.D. No. 71873 -7- VERIFICAT_t..0-W I verify that the statements made in this Motion are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA. C.S. Section 4904 relating to unsworn falsification to authorities. ?" n x a OjA IK(? 0 Diane C. Parker DATE: November 29, 1999 CERTIFICATE OF SERVICE 1, Diane M. Rupich, Esquire, hereby certify that a true and correct copy of the within Motion has been served upon the following individuals by first class, United States mail, postage prepaid, by depositing a copy of same at the post office in Harrisburg, Pennsylvania on the ??=t day of November, 1999, addressed as follows: Gary L. Kelley, Esquire 132 Walnut Street Harrisburg, PA. 17101 Respectfully submitted, BY: z Dian . R is squire 1017 North Front Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 Date: November ZI, 1999 GREGORY J. NAGS, Plaintiff V. DIANE C. PARKER, Defendant i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 99-6991 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this 24th day of November, 1999, after hearing, it is ordered and directed that the parties shall have shared legal custody of the children, Cody James Nage, D.O.B. 1/10/96, and Miranda Lynn Nage, D.O.B. 7/18/98. They shall alternate primary physical custody on a week to week basis. Transfer of physical custody shall occur on Sunday evenings. Father shall pick the children up at mother's home at 6:00 on the Sunday beginning his week of custody, which shall commence on November 28, 1999, and alternating weeks thereafter. Mother shall pick the children up at father's home at 6:00 p.m. on the Sunday of her week of custody. This is a temporary order and shall remain in full force and effect until further Order of Court. The parties are directed to proceed through the conciliation process. By the Co Edward E. Guido, J. Gary L. Kelley, Esquire _ G6 ?`w`"??? ??/??/y?• For the Plaintiff Diane Parker 1401 Berwyck Court Sicklerville, N.J. 06081 :mae U-r CV 7 r?r C? c i'Jiu G o. - o, GREGORY J. NAGE, Plaintiff V. DIANE C. PARKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6991 CIVIL TERM AND NOW, this 19TH day of NOVEMBER, 1999, a hearing on Plaintiff's Petition for Special Relief is scheduled for Wednesday, November 24, 1999, at 1:00 p.m. in Courtroom #5. Defendant Diane C. Parker is ordered to appear in person at said hearing and to bring the children, Cody James Nage and Miranda Lynn Nage with her. Plaintiff is to serve this order upon Defendant at least forty-eight (48) hours prior to said hearing. By the Edward E. Guido, J. Gary L. Kelley, Esquire - (?Opr pv2sG,-)?zUy aloa-v For the Plaintiff Diane Parker - 1_)041tr_ n7?Lc 1401 Berwyck Court ""? //9/9F Sicklerville, N.J. 08081 :sld NOV 1 9 1999K GREGORY J. NAGE, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. DIANE C. PARKER, CIVIL ACTION - CUSTODY Defendant O R D E R AND NOW, this day of November, 1999, upon consideration of Plaintiffs Petition For Emergency Relief, it is hereby ORDERED and DECREED that Plaintiffs Petition is GRANTED. Defendant is ORDERED to immediately return to the jurisdiction of this Court with the minor children within twenty-four (24) hours after service of this Order and remain with the minor children pending further Order of Court. The parties shall share custody of the minor children on a week by week basis pending further Order of this Court. Should Defendant refuse to return to the jurisdiction of this Court as Ordered, Plaintiff is awarded custody of the minor children pending further Order of Court. BY THE COURT: JUDGE GREGORY J. NAGE, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA nn `T V. No. Q 4, rr49! l?iv?( ?? DIANE C. PARKER, CIVIL ACTION - CUSTODY Defendant PETITION FOR EMERGENCY RELIEF AND NOW, comes the Plaintiff, Gregory J. Nage, by and through his attorney, Gary L. Kelley, and files this Petition For Emergency Relief and in support thereof respectfully avers as follows: Plaintiff is Gregory J. Nage who resides at 1548 Sheepford Drive, Mechanicsburg, Pennsylvania 17055. 2. Defendant is Diane C. Parker whose last known address is 1548 Sheepford Drive, Mechanicsburg, Pennsylvania 17055. Plaintiff believes that Defendant is residing at the home of mother, Denise Vespa, at 1401 Berwyck Court, Sicklerville, New Jersey 08081. 3. The parties are engaged to be married. 4. The parties are the parents of two (2) minor children, Cody James Nage, DOB 1/10/96, and Miranda Lynn Nage, DOB 7118/98. 5. The children were born out of wedlock. 6. The parties have resided together in excess of five (5) years. 7. The parties have jointly purchased a home and are scheduled to attend closing on or about December 6, 1999. - If 8. On November 11, 1999, Plaintiff departed for work as usual. 9. Defendant informed Plaintiff that she would see him later in the day. 10. Plaintiff arrived home and discovered that Defendant had left the area with the minor children. 11. Defendant took few possessions for the minor children. 12. Defendant took no "special" items for the minor children such as toys or blankets. 13. Defendant did not give any prior notice of her intentions. 14. Since November 11, 1999, Plaintiff has had no contact with Defendant and the minor children. 15. Plaintiff has filed a police report with local police officials. 16. Since the children were born, they have rarely, if ever, been away from their father, the Plaintiff, overnight. 17. It has been in excess of one (1) week since Plaintiff has had any contact with his minor children. 18. It is not in the best interest of the minor children that they be prevented from having any contact with their father. 19. It is not in the best interest of the minor children that they be suddenly uprooted from familiar surroundings and transported out of the state. 20. Without the intervention of this Honorable Court, Defendant will not return to this jurisdiction and she will prevent Plaintiff from having any contact with the minor children. 21. Without the intervention of this Honorable Court, Plaintiff will never see his minor ¦ ? to F-.--- children again. WHEREFORE, Plaintiff requests this Court to grant legal and physical custody of the children to Plaintiff. Respectfully submitted, G.. t Kelley I 46801 132-134 Walnut Street Harrisburg, PA 17101 (717) 238-1484 Attorney for Plaintiff VFRIF? H I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. Date: ?? •-- ' -- / r f 1. -'\ DEC 0 3 1999?ry) GREGORY J. NAGE, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-6991 CIVIL TERM DIANE C. PARKER, CIVIL ACTION - CUSTODY Defendant 0RDEER AND NOW, this ?day A?499, upon consideration of Plaintiffs Petition for Contempt, it is hereby ORDERED and DECREED that a hearing on the Petition For Contempt is scheduled for December 15, 1999 at 3:30 P.M. in Courtroom Number 5 of the Cumberland County Courthouse. Defendant is Ordered to appear at the hearing with the minor children. BY THE COURT: Edward E. Guido, Judge o - r, D7 P GREGORY J. NAGE, Plaintiff, V. DIANE C. PARKER, Defendant' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6991 CIVIL TERM CIVIL ACTION - CUSTODY PETITION FOR CONTEMPT AND NOW, comes the Plaintiff, Gregory J. Nage, by and through his attorney, Gary L. Kelley, and files this Petition For Contempt and in support thereof respectfully avers as follows: Plaintiff is Gregory J. Nage who resides at 1548 Sheepford Drive, Mechanicsburg, Pennsylvania 17055. 2. Defendant is Diane C. Parker whose last known address is 1548 Sheepford Drive, Mechanicsburg, Pennsylvania 17055. Plaintiff has since learned that Defendant initiafly resided at the home of mother, Denise Vespa, at 1401 Berwyck Court, Sicklerville, New Jersey 08081 and is now residing at 6513 Vandike Street, Philadelphia, Pennsylvania. 3. The parties are the parents of two (2) minor children, Cody James Nage, DOB 6/10/96, and Miranda Lynn Nage, DOB 7/18/98- 4. The children were born out of wedlock. 5. The parties have resided together in excess of five (5) years and are engaged to be married. 6. On November 11, 1999, Defendant left the area with the minor children and without prior warning to Plaintiff. r I- 7. Defendant left a note for Plaintiff explaining that site was going to stay with her mother at the above listed address in New Jersey. 8. Plaintiff made attempts to contact Defendant and was unable to reach her. 9. During the period from November 11 through November 19, 1999, Plaintiff had no contact with Defendant or the minor children. 10. As a result, on November 19, 1999, Plaintiff filed a Petition For Emergency Relief. 11. On November 19, 1999, this Honorable Court signed an Order scheduling a hearing on Wednesday, November 24, 1999 at 1:00 P.M. on the issue of Plaintiffs Petition. 12. On Sunday, November 21, 1999, Plaintiffs step-father personally served Defendant's step-father at the above listed New Jersey address with notice of the hearing. 13. On November 24, 1999, a hearing was held before this Honorable Court on the issue of Plaintiffs Petition For Emergency Relief. 14. Plaintiff appeared at this hearing. Defendant did not appear despite having been served with notice of the hearing. 15. This Honorable Court received testimony from the Plaintiff. 16. At the conclusion of the hearing, this Honorable Court issued an Order which directed, inter alia, that the parties share custody of the minor children on a week by week basis with plaintiffs period of custody to commence on November 28, 1999 at 6:00 P.M. A true and correct copy of this Order is attached hereto as Exhibit "A." 17. Plaintiff subsequently learned that Defendant may be residing with her sister at a Philadelphia address. This address is 6513 Vandike Street, Philadelphia, Pennsylvania. 18. Plaintiff travelled to the sister's address and served the Order of Court on the Defendant at the sister's residence via a Philadelphia Police Officer named Officer Dodd. 19. The officer informed the Plaintiff that he had served the Defendant and that she had stated that she had no intentions of complying with the Order of Court. 20. Defendant's sister came onto the porch of the home while Officer Dodd was conversing with the Plaintiff and began verbally abusing Plaintiff. 21. Defendant requested that the officer arrest the Plaintiff for "stalking" Defendant's step-father and spending time at the New Jersey address in an attempt to serve Defendant. 22. Plaintiff believes that it is reasonable to infer from the sister's statements that Defendant had actual notice of the November 24, 1999 hearing. 23. On November 28, 1999, Plaintiff arrived at the sister's residence in Philadelphia approximately five (5) minutes before 6:00 P.M. 24. No one was at the residence. 25. Plaintiff waited-at the residence until approximately 6:15 P.M. 26. No one was at the residence and all blinds and curtains were closed. 27. Plaintiff subsequently departed from the area and was unable to obtain custody of his minor children in compliance with the Court's Order dated November 24, 1999. 28. Defendant has wilfully refused to obey two (2) lawful Orders of Court in that she refused to appear at a hearing with the minor children despite being ordered to appear and she has refused to obey a lawful Order of Court directing an exchange of physical custody. 29. As a result of her actions which occurred on November 28, 1999, Defendant is in contempt of the Court's Order dated November 24, 1999. 30. As a result of Defendant's wilful disobedience of a lawful Order of Court, Plaintiff has been forced to expend counsel fees. 31. Plaintiff has incurred counsel fees in the amount of five hundred ($500.00) dollars for the preparation and hearing of this matter. 32. Without the intervention of this Honorable Court, Defendant will not comply with this Court's Order dated November 24, 1999 and Plaintiff will be unable to see his children. WHEREFORE, Plaintiff requests this Court to find the Defendant in contempt of the Court's Order dated November 24, 1999, direct that she comply with the Court's Order dated November 24, 1999, and award the Plaintiff $500.00 in counsel fees as a result of Defendant's contemptuous action. Respectfully submitted, Gary . K Iley ID OI 132-134 Walnut Street Harrisburg, PA 17101 (717) 238-1484 Attorney for Plaintiff r Exhibit "A" r GREGORY J. NAGE, Plaintiff V. DIANE C. PARKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6991 CIVIL TERM AND NOW, this 19TH day of NOVEMBER, 1999, a hearing on Plaintiff's Petition for Special Relief is scheduled for Wednesday, November 24, 1999, at 1:00 p.m. in Courtroom #5. Defendant Diane C. Parker is ordered to appear in person at said hearing and to bring the children, Cody James Nage and Miranda Lynn Nage with her. Plaintiff is to serve this order upon Defendant at least forty-eight (48) hours prior to said hearing. By the Sjtrr?, E. Guido, J. Gary L. Kelley, Esquire For the Plaintiff Diane Parker 1401 Berwyck Court sicklerville, N.J. 08081 TRUE M°Y FROM RECORD s 1a In Testimony Whera t, I tars unto eet my hHna and the W1 of Eahi W41 ad Cagle.-°a y Drat notary ? / ? ? n c •.; ?J Cyr;: -- ,?;?n iC tr L' _ i;- 1-7 ri- L (T ' `, n ? U GREGORY J. NAGS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DIANE C. PARKER, Defendant NO. 99-6991 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this 15th day of December, 1999, upon consideration of the petition to hold the Defendant in contempt and the motion of the Defendant to vacate our order dated November 24, 1999, it is hereby ordered and directed as follows: 1. The Defendant is held in contempt of our prior order, and she is ordered and directed to pay the sum of $300.00 to the Defendant to cover his legal fees in connection with these proceedings. Said amount to be paid within 30 days of today's date. 2. The order entered on November 24, 1999, with regard to the custody of Cody James Nage, DOB: 6/10/96 and Miranda Lynn Nage, DOB: 7/18/98 shall be and is hereby vacated. Said order is replaced with the following order which shall be in full force and effect until further order of court: 1. The parties shall share legal custody of Cody James Nage and Miranda Lynn Nage. 2. Defendant/Mother shall have primary physical _ a ? A custody of said children subject to partial custody of said children with father every other weekend from Friday at 6:00 p.m. until the following Wednesday at 6:00 p.m., said visitation to commence on Friday, December 31, 1999. Provided, however, that father may keep the children in his custody until noon on Friday, December 17, 1999. Provided, further, that the Christmas holiday shall be shared with father having visitation from noon on Christmas Day until 9:00 a.m. on Monday, December 27, 1999. 3. Neither party shall use any illegal drugs when the children are in his or her physical custody. Furthermore, neither party shall operate a motor vehicle after having had any alcoholic beverages to drink while the children are in the car with them. 4. This matter is to proceed through the conciliation process forthwith. This order shall remain in full force and effect unless and until a new order of court is entered. 5. Each party shall at all times keep the other apprised of his or her residence and a phone number at which he or she can be reached. Edward E. Guido, J. i? 2R -q9 RN,? By the Conrt, Gary L. Kelley, Esquire For the Plaintiff Diane M. Rupich, Esquire For the Defendant :lfh Q 6 ) 44 u I Q6YL I'1J4 80? T . b rn( ? dads hour LL? w,((bQ oJJ - dj T ---l: Iff. acLn-s- W?Q 4w rn? imam ?,, hout)e. ta* pgr--Dn 4o ?1 GREGORY J. NAGE, Plaintiff, V. DIANE C. PARKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 47--?.? / 1 toc( "-7 l CIVIL ACTION - CUSTODY ORDER OF COURT 2? AND NOW, +999, upon consideration of the attached Complaint, it is hereby directed that the parties and their respectiv cunsel.ap r be ore W Esquire, the Conciliator, atthe''"I Aeg? Pennsylvania, on the day of at 1 Ob in., for a Pre-Hearing Custody Conference. At such co fere?l nce, an effort will be made to tesolve 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 entry of a temporary or permanent Order. FOR THE COURT: By: C7?- A 9\,) p C j Custody Conciliator (firm-) YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. OFFICE OF THE COURT ADMINISTRATOR CUMBERLAND COUNTY COURT HOUSE FOURTH FLOOR CARLISLE, PA 17013 (717) 240-6200 •"?? b:?TfiY CD tVlp -9 P.I 19 Pc?'N5YL:'.li.r4 I-? ?1 GREGORY J. NAGE, Plaintiff, V. DIANE C. PARKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA %lcH NO. 98- 4991 n 6'a CIVIL ACTION - CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, Gregory J. Nage, by and through his attorney, Gary L. Kelley, and files this custody complaint, and in support thereof, respectfully avers as follows: 1. Plaintiff is Gregory J. Nage who resides at 1548 Sheepford Drive, Mechanicsburg, Pennsylvania 17055. 2. Defendant is Diane C. Parker whose last known address is 1548 Sheepford Drive, Mechanicsburg, Pennsylvania 17055. Plaintiff believes that Defendant is residing at the home of mother, Denise Vespa, at 1401 Berwyck Court, Sicklerville, New Jersey 08081. 3. The parties are engaged to be married. 4. The parties are the parents of two (2) minor children, Cody James Nage, DOB 1/10/96, and Miranda Lynn Nage, DOB 7/18/98. 5. The children were born out of wedlock. 6. Plaintiff seeks custody of the following children: Name Present residence Age Cody J. Nage Unknown DOB 6/10/96 Miranda L. Nage Unknown DOB 7/18/98 The children were born out of wedlock. The children are presently in the custody of Defendant. 7. During the past five (5) years, file child has resided with the following persons and at the following addresses: Persons Addresses Dates Plaintiff and Defendant 85 Regency South DOB to 11/1 IM Carlisle, PA 17013 8. The mother of the children is Defendant. 9. The relationship of Plaintiff to the children is that of father. Plaintiff currently resides with the following persons: Name Relationship N/A 10. The relationship of Defendant to the children is that of mother. Defendant currently resides with the following persons: Name Relationship Unknown 11. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or who claims to have custody or visitation rights with respect to the children. 12. The best interest and permanent welfare of the child will be served by granting the 77 ? Al relief requested because: Plaintiff is a fit parent. Plaintiff has shared in the care of his minor children. Placing custody with Plaintiffs will provide continuity, stability and certainty to the children's lives. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiff requests this Court to grant legal and physical custody of the children to Plaintiff. Respectfully 132-1'nut street Harrisburg, PA 17101 (7) 7) 238-1484 Attorney for Plaintiffs i+ 1. VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. Date: R i f 1? C7 t v i Xex D, MAR 1 0 2000ib9 GREGORY J. NAGE, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-6991 CIVIL TERM DIANE C. PARKER, CIVIL ACTION - CUSTODY Defendant ORDER AND NOW, this ? 3? day of March, 2000, upon consideration of Plaintiffs Petition For Contempt, it is hereby ORDERED and DECREED that a Rule is issued upon Defendant to show cause, if any there be, as to why the relief requested in Plaintiffs Petition For Contempt should not be granted. Rule returnable at a hearing scheduled for April 12, 2000, at 8:30 A.M. in Courtroom 5 of thfe?Cumberland 1 County Courthouse I?+r Ce 31D co% -wP 14-'" r '?tM C&t )C-LL . BY THE COU Edward E. Guido, Judge 3??a ?5 I" N _, c; ?!. -. ', GREGORY J. NAGE, Plaintiff, V. DIANE C. PARKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6991 CIVIL TERM CIVIL ACTION - CUSTODY PETITION FOR CONTEMPT AND NOW, comes the Plaintiff, Gregory J. Nage, by and through his attorney, Gary L. Kelley, and tiles this Petition For Contempt and in support thereof respectfully avers as follows: On December 15, 1999, this Honorable Court issued an Order which included, inter alia, a finding that Defendant was in contempt of this Court's prior Order dated November 24, 1999 and directed Defendant to pay counsel fees in the amount of $300.00. A true and correct copy of this Order is attached hereto as Exhibit "A." 2. By a letter dated February 17, 2000, the undersigned informed Defendant's counsel that he had not received payment as directed by the Court and requested payment. A true and correct copy of this letter is attached hereto as Exhibit "B." 3. As of March 7, 2000, counsel has not received a response to his letter. 4. Defendant is in contempt of this Court's Order dated December 15, 1999. 5. Plaintiff will incur additional costs and fees as a result of pursuing this matter. WHEREFORE, Plaintiff requests this Honorable Court to find the Defendant in contempt of the Court's Order dated December 15, 1999, direct that she immediately comply with the Court's Order and forward the sum of $300.00 to Plaintiffs counsel, and award the Plaintiff J $500.00 in counsel fees as a result of Defendant's contemptuous action. Respectfully submitted, Ga L. Celley ID 6801 132-134 Walnut Street Harrisburg, PA 17101 (717) 238-1484 Attorney for Plaintiff -... VERIFICATION I hereby verify that the statements contained herein are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: J g- EXHIBIT "A" ®!:- GREGORY J. NAGE, Plaintiff V. DIANE C. PARKER, Defendant IN THE COURT OF COMMON FLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6991 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this 15th day of December, 1999, upon consideration of the petition to hold the Defendant in contempt and the motion of the Defendant to vacate our order dated November 24, 1999, it is hereby ordered and directed as follows: 1. The Defendant is held in contempt of our prior order, and she is ordered and directed to pay *the sum of $300.00 to the Defendant to cover his legal fees in connection with these proceedings. Said amount to be paid within 30 days of today's date. 2. The order entered on November 24, 1999, with regard to the custody of Cody James Nage, DOB: 6110196 and Miranda Lynn Nage, DOB: 7/18/98 shall be and is hereby vacated. Said order is replaced with the following order which shall be in full force and effect until further order of court: 1. The parties shall share legal custody of Cody James Nage and Miranda Lynn Nage. 2. Defendant/Mother shall have primary physical custody of said children subject to partial custody of said children with father every other weekend from Friday at 6:00 p.m. until the following Wednesday at 6:00 p.m., said visitation to commence on Friday, December 31, 1999. Provided, however, that father may keep the children in his custody until noon on Friday, December 17, 1999. Provided, further, that the Christmas holiday skiall be shared with father having visitation from noon on Christmas Day until 9:00 a.m. on Monday, December 27, 191?. 3. Neither party shall use any illegal drugs .*Iien the children are in his or her physical custody. Furthermore, neither party shall operate a motor vehicle after having had any alcoholic beverages to drink while the children are in the car with them. 4. This matter is to proceed through the conciliation process forthwith. This order shall remain in full force and effect unless and.until a new order of court. is entered. 5. Each party shall at all times keep the other apprised of his or her residence and a phone number at which he or she can be reached. , lam By the C Edward E. Guido, J. Gary L. Kelley, Esquire For the Plaintiff Diane M. Rupich, Esquire For the Defendant :lfh ?j i r, EXHIBIT "B" Law Offices of Gary L. Kelley 132-134 Walnut Street Harrisburg, Pennsylvania 17101 (717) 238-1484 Fax (717) 238-1761 February 17, 2000 Diane M. Rupich, Esq. 1017 N. Front Street Harrisburg, PA 17102 Re: Nage v. Parker Dear Diane: I have not received payment from your client as ordered by the Court. Pleaso direct your client to immediately forward payment to me consistent with the Court's Order or I will file a contempt action against her. Thank you for your attention to this matter. I look forward to hearing from you. Very truly yours, Gary )j. Kelley 0 GREGORY J. NAGE, Plaintiff, V. DIANE C. PARKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6991 CIVIL TERM CIVIL ACTION - CUSTODY CERTIFICATE OF SERVICE I, GARY L. KELLEY, Esquire, attorney for PLAINTIFF in the above-captioned matter, do hereby certify that I served a true and correct copy of PLAINTIFF'S Petition For Contempt on counsel for DEFENDANT by depositing same in the U.S. Mail, first class, postage prepaid, on the 7TH day of March, 2000, addressed as follows: Diane M. Rupich, Esq. 1017 N. Front Street Harrisburg, PA 17102 By: V GARY L. LLEY, quir I.D. #46801 132-134 Walnut Street Harrisburg, PA 17101 (717) 238-1484 Attorney for Plaintiff Lr • ` (a .rr c ' L. CJ J Law Offices of Gary L. Kelley 132-134 Walnut Street Harrisburg, Pennsylvania 17101 (717)238.1484 Fax (717) 238-1761 March 18. 2000 '1'hc I-lonorable Edward Guido Judges Chambers Cumberland County Courthouse One Courthouse Square Carlisle. PA 17103-3387 BY FIRST CLASS MAIL AND FACSIMILE TRANSMISSION TO (717) 240-6462 RE: NAGE v. PARKER No. 99-6991 Dear Judge Guido: Please cancel the hearing scheduled for April 12, 2000 at 8:30 A.M. on Plaintiffs Petition For Contempt. Recently. Ms. Rupich forwarded the outstanding fees due me. Thank you for your attention to this matter. Very truly yours, /j4.1. e? Gary L. Kelley GLK/amh Enclosure cc: Gregory Nage Diane M. Rupich. Esquire 03/16/2000 09:11 7172381761 KELLEY 1 Law Offices of Gary L. Kelley 132-134 Walnut Street Harrisburg, Pennsylvania 17101 (7171238-1484 Fax (717) 238-1761 March 18, 2000 The Honorable Edward Guido Judges Chambers Cumberland County Courthouse One Courthouse Square Carlisle, PA 17103-3387 r77 PAGE 01 BY FIRST CLASS MAIL AND FACSIMILE. TRANSMISSION TO (717) 240-6462 RE: Dear.ludge Guido: NAGE v. PARKER No. 99-6991 Please cancel the hearing scheduled for April 12, 2000 at 8:30 A.M, on Plainlirl's Petition For Contempt. Recently, Ms. Rupich forwarded the outstanding fees due me. Thank you for your attention to this matter. Very truly yours, /" / 14KL? Gary L. Kelley GLK/amh Enclosure cc: Gregory Nage Diane M. Rupich. Esquire GREGORY J. NAGS, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA Vs. NO. 99-6991 Civil Term DIANE C. PARKER, Defendant CIVIL ACTION-LAW ORDER OF COURT AND NOW, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before ?1kr the Conciliator, on the q day of -A \. -I.99400at '().m. in the office of said conciliator locked at -P 3q w. for a pre-hearing custody conference. At such onference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a Temporary Order. Failure to appear at the conference may provide grounds for the entry of a temporary or permanent order. FOR THE COURT: Date: ?11? I l,C> BY: c ?J(?tt?l1_.? ?. Custody Conciliator (?? 12: 1r CuiL: a ,rL?;, :I' 3 da Vic,,- p`v /l car e ?> 3 9d -Lb Lm v? rHa^ Q? Z'I r_a 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. Court Administrator Cumberland County Court House One Court House Square Carlisle, Pa. 17013 (717) 240-6200 GREGORY J. NAGS, Plaintiff Vs. DIANE C. PARKER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6991 CUSTODY COMPLAINT TO MODIFY CUSTODY ORDER L/ AND NOW, this /«,Day // of2000, comes Diane C. Parker, Defendant above named, and respectfully requests the following: 1. The Defendant, Diane C. Parker, is an adult individual, who currently resides at 6513 Van Dike Street, Philadelphia, Pennsylvania 19135. 2. The Plaintiff, Gregory J. Nage, is an adult individual, who currently resides at 206 Creek Drive, Glassboro, New Jersey 08028. 3. Plaintiff and Defendant are the parents of two minor children, born out of wedlock; namely: Cody James Nage, born June 10, 1996; and Miranda Lynn Nage, born July 18, 1998. 4. Attached hereto and marked Exhibit "A" is an Order of Court dated December 15, 1999 setting forth the current custody arrangement. 5. Diane C. Parker believes that it is in the best interest of her children that Gregory J. Nage, be granted partial custody rights with his children every other weekend from Friday until Sunday evening. 6. Diane C. Parker further respectfully requests that a partial custody schedule be set forth via an Order of Court in connection with holidays and summer. WHEREFORE, Diane C. Parker respectfully requests your Honorable -2- Court to grant her primary physical custody and to modify the current partial custody rights of Gregory J. Nage. Respectfully submitted, BY: Diane M. Mpich, squi 1017 North Front treet Harrisburg, PA. 7102 (717) 232-9724 I.D. No. 71873 Ilk or Dnrc L z3 GREGORY J. NAGE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DIANE C. PARKER, Defendant NO. 99-6991 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this 15th day of December, 1999, upon consideration of the petition to hold the Defendant in contempt and the motion of the Defendant to vacate our order dated November 24, 1999, it is hereby ordered and directed as follows: 1. The Defendant is held in contempt of our prior order, and she is ordered and directed to pay the sum of $300.00 to the Defendant to cover his legal fees in connection with these proceedings. Said amount to be paid within 30 days of today's date. 2. The order entered on November 24, 1999, with regard to the custody of Cody James Nage, DOB: 6/10/96 and Miranda Lynn Nage, DOB: 7/18/98 shall be and is hereby vacated. Said order is replaced with the following order which shall be in full force and effect until further order of court: 1. The parties shall share legal custody of Cody James Nage and Miranda Lynn Nage. 2. Defendant/Mother shall have primary physical custody of said children subject to partial custody of said children with father every other weekend from Friday at 6:00 p.m. until the following Wednesday at 6:00 p.m., said visitation to commence on Friday, December 31, 1999. Provided, however, that father may keep the children in his custody until noon on Friday, December 17, 1999. Provided, further, that the Christmas holiday shall be shared with father having visitation from noon on Christmas Day until 9:00 a.m. on Monday, December 27, 1999. 3. Neither party shall use any illegal drugs when the children are in his or her physical custody. Furthermore, neither party shall operate a motor vehicle after having had any alcoholic beverages to drink while the children are in the car with them. 4. This matter is to proceed through the conciliation process forthwith. This order shall remain in full force and effect unless and until a new order of court is entered. 5. Each party shall at all times keep the other apprised of his or her residence and a phone number at which he or she can be reached. 10 TC SI:IP 0:1'j l%.: (?i Gar, I Il .(Q ! ... _ .I of ,aid Court at 7t.. ....2? /?.;; ar....Duc....: 1992 frothcr.otar?y By the COttr , F'Edward E. Guido, J. I :s VERIFICATION I verify that the statements made in this Complaint to Modify Custody Order are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Q l QI0t(Ak Diane C. Parker J Dater \i GREGORY J. NAGS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 99-6991 CIVIL TERM DIANE C. PARKER, CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW. this If j?1 day of"'- 2000, upon consideration of the attached Custody Concili tion Report, it is ordered and directed as follows: 1. The prior order of this Court dated December 15, 1999 is vacated and replaced with this Order. 2. The Father, Gregory J. Nage, and the Mother, Diane C. Parker, shall have shared legal custody of Cody James Nage, born June 10, 1996 and Miranda Lynn Nage, born July 18, 1998. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 3. The parties shall have physical custody of the Children in accordance with the following schedule: A. The Father shall have custody of the Children on alternating weekends from Friday at 6:00 p.m., when the Father shall pick-up the Children at the mother's residence through the following Wednesday at 6:00 a.m. On the Monday, Tuesday and Wednesday mornings when the Father has custody under this provision (hereinafter referred to as "the Father's Monday, Tuesday and Wednesday"), the Mother shall pick up the children at the Father's employer (Strober Haddonfield Group) at 6:C0 a.m. On the Father's Monday, Tuesday and Wednesday when the Mother has to work, the Mother shall transport the Children to day care (TLC University) and the Father shall pick up the Children after work at day care on Monday or Tuesday. The Mother shall pick up the Children at day care on Wednesdays when she works. When the Mother has off work on the Father's Monday, Tuesday or Wednesday, the mother shall pick up the Children at the Father's employer at 6:00 a.m. and retain custody of the Children until the Father picks up the Children at the Mother's residence after work. B. The Mother shall notify the Father by the preceding Thursday of the mother's work schedule for the Monday, Tuesday and Wednesday during the Father's regular period of custody. C. During weeks following the Mother's weekend period of custody, the Father shall also have custody of the Children on Wednesday from after work, when the Father shall pick up the Children at either day care or the Mother's residence, until 8:00 p.m., when the Father shall return the Children to the Mother's residence. D. The Father may also have custody of the Children at any other times arranged by agreement of the parties. E. The Mother shall have custody of the Children at all times not otherwise specified for the Father in this order. F. The custody schedule set forth in this provision shall begin with the Mother having custody over the weekend beginning May 12, 2000. 4. The parties shall share or alternate having custody of the Children over holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. The Father shall have custody of the Children during Segment A in even numbered years and during Segment B in odd numbered years. The Mother shall have custody of the Children during Segment A in odd numbered years and during Segment B in even numbered years. B. THANKSGIVING: In even numbered years, the Father shall have custody of the Children on Thanksgiving Day from 9:00 a.m. until 3:00 p.m. and the Mother shall have custody from 3:00 p.m. until 9:00 p.m. In odd numbered years, the Mother shall have custody of the Children on'Thanksgiving Day from 9:00 a.m. until 3:00 p.m. and the Father shall have custody from 3:00 p.m. until 9:00 p.m. C. EASTER: In even numbered years, the Mother shall have custody of the Children on Easter Sunday from 9:00 a.m. until 3:00 p.m. and the Father shall have custody from 3:00 p.m. until 9:00 P.M. In odd numbered years, the Father shall have custody of the Children on Easter Sunday from 9:00 a.m. until 3:00 p.m. and the Mother shall have custody from 3:00 p.m. until 9:00 p.m. D. MOT'HER'S DAY/FATHER'S DAY: The mother shall have custody of the Children every year on Mother's Day from 9:00 a.m. until 8:00 p.m. and the Father shall have custody of the children every year on Father's Day from 9:00 a.m. until 8:00 p.m. I t E. The parties shall make custody arrangements for any remaining holidays by mutual agreement. F. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. Each party shall advise the other party promptly of any changes in his or her address or telephone number. 6. Each party shall be cooperative and considerate in providing notice to the other party in the event he or she is going to be late for an exchange of custody due to an emergency or exigent circumstances. 7. Neither party shall use illegal drugs when the Children are in his or her physical custody. Furthermore, neither party shall operate a motor vehicle after consuming any alcoholic beverages while the Children are in the car with that party. 8. 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 CO , Edward E. Guido, / / // I cc: Diane M. Rupich, Esquire - Counsel for Mother ` a,//L0-Q o„'- Gary L. Kelley, Esquire - Counsel for Father n q ` •. s / I ' ^ ? `; 111: ?? ? , `?; ; ` GREGORY J. NAGS, Plaintiff Vs. DIANE C. PARKER, Defendant PRIOR JUDGE: Edward E. Guido IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6991 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WrM CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning subjects of this litigation is as follows: DATE OF B11M Cody James Nage Miranda Lynn Nage June 10, 1996 July 18, 1998 the Children who are the CURRENTLY IN CUSTODY OF Mother/Father Mother/Father the 2. A Conciliation Conference was held on May 9 J•20000, with h his following individuals in attence: The Father, Gregory Mother, Diane C. Parker, with her counsel, Gary L. Kelley, Esqu Est counsel, Diane M. Rupich, Esquire. 3. The parties agreed to entry of an order in the form as attached. -IaQ2 -Da wn S. Sunday, Esquire Date Custody conciliator