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HomeMy WebLinkAbout03-4135CHARLES L. LAUCK, Plaintiff` VS DEBORAH LYNN LAUCK, Defendant : IN THE COURT OF COMMON PLEAS OF : : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03 - :q 12~ ~'~ CIVIL TERM : CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Charles L. Lauck, currently residing at 219 Reno Street, New Cumberland, Cumberland County, Pennsylvania 17070. 2. The defendant is Deborah Lynn Lauck, currently believed to be residing at 683 Churchey Lane, Lewisberry, York County, Pennsylvania 17339. 3. The plaimiff seeks custody of the following children: maine Present Residence Nichole J. Lauck 219 Reno Street New Cumberland, PA 17070 Tanya L. Lauck 219 Reno Street 11 New Cumberland, PA 17070 Justin C. Lauck 219 Reno Street 9 New Cumberland, PA 17070 Ian M. Lauck 219 Reno Street 8 New Cumberland, PA 17070 Age 13 The children were bom in wedlock. The children are presently in the custody of the father, who resides at 219 Reno Street, New Cumberland, Cumberland County, Pennsylvania 17070. During the past five years, the children have resided with the following persons and at the following addresses: Name Charles Lauck Charles Lauck Deborah Lynn Lauck Address 219 Reno Street New Cumberland, PA 219 Reno Street New Cumberland, PA Date 7/20/03 - presem 1996 - 7/20/03 The mother of the children is Deborah Lynn Lauck, currently residing at 683 Churchey Lane, Lewisberry, Pennsylvania 17339. She is married. The father of the children is Charles Lauck, currently residing at 219 Reno Street, New Cumberland, Pennsylvania 17070. He is married. 4. The relationship of the plaintiff to the children is that of father. The plaintiff currently resides with the following persons: Name Relationship Nichole J. Lauck Daughter Tanya L. Lauck Daughter Justin C. Lauck Son Ian M. Lauck Son 5. The relationship of defendant to the children is that of mother. The defendant currently resides with the following persons: Name Relationship Kirby Beinhower Paramour 6. The plaintiff has participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. A Protection From Abuse action was filed against father in the Cumberland County Court of Common Pleas, and a Temporary Order was entered on August 5, 2003. The Honorable J. Wesley Oler, Jr. has stricken the custody provisions from the PFA, and it has not yet been determined whether the PFA matter will result in a Final Order. 7. The plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 8. The plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation fights with respect to the children. 9. The best interest and permanent welfare of the children will be served by granting the relief requested for reasons including, but not limited to the following: i.) The plaintiff is able to provide a stable living environment for the children. The defendant has left the marital home and the children on numerous occasions over the last year. ii.) The plaintiff has established rules and responsibilities for the children. iii.) The defendant has exhibited dangerous behaviors in the past with regard to the children, particularly with alcohol abuse. iv.) The defendant is currently residing with her paramour who violated a no contact letter sent to him by Plaintiff. (See exhibit A: Non-Traffic Citation and Certificate of Disposition.) v.) The defendant does not have suitable housing for the children and herself. 10. Each parent whose parental fights to the children have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, the plaintiff requests this Court to grant primary physical custody of the children to the plaintiff with partial custody in the defendant every other weekend and at times mutually agreed upon by the parties. Plaintiff further requests any other relief that is just and proper. Respectfully submitted, Attorneys for Plaintiff Law Offices of LopezNeuharth LLP 401 E. Louther Street, Suite 101 Carlisle, PA 17013 (717) 258-9991 VERIFICATION I, Charles L. Lauck, verify that I am the Plaimiff as designated in the present action and that the facts and statemems contained in the above Complaint are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S.§4904, relating to unswom falsification to authorities. 717774668'1 D J CLE),iENT ~002 P4019325. 2 tO('M~ &/T' A 13:55 FAX 7177746684 O J CLEMENT ~e95 CERTIFICATION OF DISPOSITION ADJUDICATION (Circle Appropriate Code) Found Gui~ .................................................................... Found NO~ Guilty .............................................................. ~.. 3 SENTENCE J.C.PJA.T,J ..................................................... $ 10.00 $ Paid i~ Full 20 .,, Date F~nal Payment Must be Made CHARLES L. LAUCK PLAINTIFF DEBORAH LYNN LAUCK DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-4135 CIVIL ACTION LAW iNCUSTODY ORDER OFCOURT AND NOW, Thursday, August 28, 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 Thursday, September 18, 2003 at 8:30 AM for a Pre-Hearing Custody Conferancc. 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 thc court, and to enter into a temporary order. All children age five or older may also bc present at thc conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanant 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 The Court of Common Pleas of Cumberland County is required by laxv 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 heating 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 17015t Telephone (717) 249-3166 CHARLES L. LAUCK, PLAINTIFF DEBORAH LYNN LAUCK, DEFENDANT :IN THE COURT OF COMMON PLEAS OF : :CUMBERLAND COUNTY, PENNSYLVANIA : : :No. 03-4135 CIVIL ACTION LAW : :IN CUSTODY Affidavit of Service I, David Lopez, Attorney for Plaintiff, hereby state that on September 3, 2003, I mailed by First Class U.S. Mail and by Certified Mail, No.7003-1010-0001-1203-7253, Return Receipt Requested, Addressee Only, a copy of the Complaint for Custody and an Order of Court, scheduling the custody conciliation conference, to 683 Churchey Lane, Lewisberry, Pennsylvania 17339, the last known address of Defendant, which documents were received on September 4, 2003, as evidenced by the attached Return Receipt Card. lfia~'~d Lopez, Es~. //~ kx.~J Attorney for Plaintiff U Law Offices of LopezNeuharth LLP 401 East Louther Street, Suite 101 Carlisle, PA 17013 (717) 258-9991 EXHIBIT A CHARLES L. LAUCK, Plaintiff V DEBORAH LYNN LAUCK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : :CIVIL ACTION - LAW : : NO. 2003-4135 CIVIL : IN CUSTODY CO~TO~ER AND NOW, this ~ day of ~ ., 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The Father, Charles L. Lauck, and the Mother, Deborah L. Lauck, shall enjoy shared legal custody of Nichole J. Lauck, born December 22, 1989; Tanya L. Lauck, born August 4, 1992; Justin C. Lauck, born February 8, 1994; and Ian M. Lauck, born June 21, 1995. 2. The Father shah enjoy prinmry physical custody of the minor children. Mother shall enjoy periods of temporary physical custody of the minor children as follows: A. Sunday, September 21, 2003 from Noon until 6:00 p.m. Starting Friday, September 26, 2003 on alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m. C. Every Wednesday evening from 4:30 p.m. until 8:30 p.m. D. At such other times as agreed upon by the parties. Both parties shall have reasonable telephone contact with the minor children when they are in the custody of the other parent. In the event Mother can make arrangements for transporting the minor children to school on Monday morning, legal counsel for the parties may contact the conciliator to address that issue with the conciliator having the ability to recommend a modification of this order to expand Mother's alternating weekends until Monday mornings. When Mother enjoys overnight custody with the minor children, the overnight shall be spent at the Maternal Grandmother's home unless Mother obtains other suitable living arrangements agreed to by the Father. The parties and their counsel shall meet with the conciliator for a second custody conciliation conference on Friday, November 21, 2003 at 8:30 a.m. For exchange of custody, the Father shall handle transportation unless agreed otherwise by the parties. This is a temporary order based upon an agreement of the parties and subject to further modification of this court in the event the parties are unable to reach un agreement on a permanent order. cc: CHARLES L. LAUCK, Plaintiff V DEBORAH LYNN LAUCK, Defendant Prior Judge: J. Wesley Oler, Jr. · IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2003- 4135 CIVIL : IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND C, OUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the children who are the subject of this litigation is as follows: Nichole J. Lauck, born December 22, 1989; Tanya L. Lauck, born August 4, 1992; Justin C. Lauck, born February 8, 1994; and Ian M. Lauck, born June 21, 1995. A Conciliation Conference was held on September 18, 2003, with the following individuals in attendance: The Father, Charles L. Lauck, with his counsel, David Lopez, Esquire; and the Mother, Deborah L. Lanck, wlth her counsel, Joan Carey, Esquire. The parties agree to the entry of an order in the form as attached. DEC 152003 CHARLES L. LAUCK, Plaintiff DEBORAH LYNN LAUCK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2003 - 4135 CIVIL : IN CUSTODY' CO~TO~ER AND NOW, this ~lay of December, 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that this court's prior Order of October 6, 2003 is ratified subject to the following modifications: The alternating weekend visitation that Mother enjoys with the minor children pursuant to Paragraph 3B of the prior Order shall start on a rotating basis on Friday, December 12, 2003. Exchange of custody for the minor children, except if the parties agree otherwise, shall be at the Karn's Grocery Store at Lewisberry Road in New Cumberland. The time shall be as set forth in the prior Order. The Christmas holiday shall be handled with Father enjoying custody of the minor children on Christmas Eve from Noon until Christmas Day at Noon. Mother shall enjoy custody from Christmas Day at Noon until December 26m at Noon, with Mother also having the children thereafter for her scheduled weekend. However, Mother's Wednesday evening visitation under Paragraph 3C of the prior Order shall be suspended on December 24~. The conciliator shall conduct a telephone conference with legal counsel for the parties on Thursday, February 5, 2003 at 8:30 a.m. At that time, the attorneys for the parties shall indicate if there is any need for modification of this order with the understanding that both parties reserve the opportunity to request that a hearing be scheduled before the court in the event they are unable to reach an agreement upon the entry of a final order. CC: BY THE COURT,~ -~aron J. Neuharth, Esquire J~esl~y O~- ./Jessica Di~on~tone, Esq~re~~~ CHARLES L. LAUCK, Plaintiff V DEBORAH LYNN LAUCK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2003 - 4135 CIVIL : IN CUSTODY Prior Judge: J. Wesley Oler, Jr. 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: The pertinent information pertaining to the children who are the subject of this litigation is as follows: Nichole J. Lauck, born December 22, 1989; Tanya L. Lauck, born August 4, 1992; Justin C. Lauck, born February 8, 1994; and lan M. Lauck, born June 21, 1995. A Conciliation Conference was held on December 9, 2003, with the following individuals in attendance: The Father, Charles L. Lauck, with his counsel, Aaron J. Neuharth, Esquire and Megan Malone, Esquire; and the Mother, Deborah Lynn Lauck, with her counsel, Jessica Diamonstone, Esquire. Based upon the strong recommendation of the conciliator, the parties agree to the entry of an order in the form as attached. Hubert X. Gil.r. oy, E~uire Custody Concilia~ CHARLES L. LAUCK, VS. DEBORAH LYNN LAUCK, : 1N THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 03- 4135 Defendant : IN CUSTODY PETITION TO WITHDRAW Petitioner, The Law Offices of LopezNeuharth, states the following in support of its Petition to Withdraw as counsel for the Plaintiff in the above captioned case, Charles Lanck. 1. Plaintiff`retained the services of Petitioner for a custody action on August 18, 2003. 2. Petitioner represented Plaintiff during the course of the custody action until February 5, 2004. 3. Plaintiffreconciled with Defendant in the above captioned case in February, 2004. 4. Due to the reconciliation of the parties to the custody action, P ' ' ' ' et~tloner s sermces are no longer required. 5. On February 5, 2004, Petitioner mailed to Plaintiff`a Praecipe to Withdraw as counsel. To date, Petitioner has had no response from Plaintiff` regarding the Praecipe to Withdraw. WHEREFORE, Petitioner respectfully requests this Honorable Court to issue a rule to show case upon Plaintiff`to show why the above Petition shall not be granted. Respectfully Submitted, Law Offices ofLopezNeuharth, LLP 401 East Louther Street, Suite 101 Carlisle, PA 17013 (717) 258-9991 CHARLES L. LAUCK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DEBORAH LYNN : LAUCK, : Defendant : NO. 03-4135 CIVIL TERM ORDER OF COURT AND NOW, this 15th day of March, 2004, upon consideration of the Petition to Withdraw, a Rule is hereby issued upon Plaintiff and Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 10 days of service. BY THE COURT, ~'~aron Neuharth, Esq. 401 East Louther Street Suite 101 Carlisle, PA 17013 Attorney for Plaintiff ,/~,,,C/harles Lauck ~qg~eborah Lauck 219 Reno Street New Cumberland, PA 17070 Plaintiff and Defendant J. Wesley Oler J(_J(_J(~ · V 03-t5'0 } irc CHARLES L. LAUCK, Plaintiff : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. DEBORAH LYNN LAUCK, Defendant CIVIL ACTION - LAW NO. 03- 4135 1N CUSTODY CERTIFICATE OF SERVICE I, Megan Malone of the Law Offices ofLopezNeuharth, LLP, do hereby swear that I have served a true and correct copy of the Order of Court and Petition to Withdraw in the above captioned matter upon Charles L. Lauck of 219 Reno Street, New Cumberland, Pennsylvania 17070 by placing a copy &the same in the United States mail, first class, postage prepaid on this 18t~ day of March, 2004. Mega~alone CHARLES L. LAUCK, Plaimiff VS. DEBORAH LYNN LAUCK, Defendam 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-4135 1N CUSTODY MOTION TO MAKE RULE ABSOLUTE Movant, the Law Offices of LopezNeuharth, LLP states the following in support of its Motion to Make the Rule Absolute: 1. On March 10, 2004, Movam petitioned this Honorable Court leave to withdraw as counsel in the above captioned case and requested the Court to issue a rule to show cause upon Plaintiff.to show why the Petition should not be granted. 2. On March 15, 2004, this Honorable Court issued an Order directing Plaintiff and Defendant in the above captioned case to show cause why the relief requested should not be granted within ten (10) days. 3. The specified number of days have elapsed and neither Plaintiff nor Defendant has shown cause why the relief requested should not be granted. WHEREFORE, Movant respectfully requests this Honorable Court to allow it to withdraw from representation of the Plaintiff in the above captioned case. Respectfully Submitted, Law Offices ofLopezNeuharth, LLP 401 East Louther Street Carlisle, PA 17013 (717)258~9991 CHARLES L. LAUCK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. DEBORAH LYNN LAUCK, Defendant : CIVIL ACTION - LAW · NO. 03-4135 : IN CUSTODY ORDER OF COURT '[ AND NOW, this ~ day of ~ ~ , _004,'~ upon consideration of the foregoing motion, it is hereby ordered that Movant's, the Law Offices of LopezNeuharth LLP appearance on behalf of Plaintiff is hereby withdrawn. All documents filed in this matter shall, from this day forward, be served directly upon Plaintiff, Charles L. Lauck. ~//Aaron Neuharth, Esquire 401 East Louther Street Suite 101 Carlisle, PA 17013 Attorney for Plaintiff ~/sessica Diamondstone, Esquire MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 Attorney for Defendant o~arles Lauck Deborah Lauck 219 Reno Street New Cumberland, PA 17070 Plaintiff and Defendant ,> BY THE COURT, /.~esley Oler, Jr? o4-o7-oq CHARLES L. LAUCK, Plaintiff /Respondent V. DEBORAH LYNN LAUCK, Defendant/ Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003 - 4135 rTi :x rn c"::' 7- f rl IN CUSTODY -,> CIVIL ACTION - LAW' .J.J COMPLAINT /PETITION TO MODIFY CUSTODY ORDER 1. Plaintiff /Respondent is Charles Lauck, an adult individual believed to be residing at 502 lyohn rr aw_PC a 5020 R1tter Road State 104 Mechardcsburg, PA 17055 PHONE: 717.766.4008 FAx: 717.766.4066 C Fifth Street, New Cumberland, Pennsylvania 17070 (hereinafter, "Father") 2. Defendant/Petitioner is Deborah Lynn Lauck, an adult individual residing at a confidential address in Cumberland County (hereinafter, "Mother"). At the time of the filing of this Complaint, Mother had a temporary Protection From Abuse (PFA) Order against Father, who was actively seeking to determine her residence. 3. The parties are the natural parents of the following minor children: Justin Lauck, born on February 8, 1994 and Ian Lauck, born on June 21, 1995. 4. The children were not born out of wedlock. 5. The children are presently in the custody of Defendant Mother, who resides at a confidential address in Cumberland County (see para. 2 above). 6. During the past five years, the children have resided with the following persons and at the following addresses: Names Deborah Lauck Charles Lauck Nicole Lauck Tanya Lauck Dates 06/06-06/06/11 Deborah Lauck Address Confidential 06/06/11-present Nicole Lauck 7. The mother of the children is Defendant /Petitioner, Deborah Lynn Lauck, who resides with the children at a confidential location in Cumberland County. She is married.. 8. The father of the children is Plaintiff/Respondent Charles L. Lauck, residing at 502 C Fifth Avenue, New Cumberland, Pennsylvania 17070.. He is married.. 9. The relationship of the Plaintiff /Respondent to the children is that of Father. The Plaintiff /Respondent currently resides with the following persons: Name Not Known. Defendant /Petitioner currently resides with the following persons: 10. The relationship of the Defendant /Petitioner to the children is that of Mother. The /johnrr aw. PC v So2O Ritter Road Suite 104 Mecharksbur$. PA 17055 P11om: 717.766.4008 FAX: 717.766.4066 Name Justin Lauck Ian Lauck Nicole Lauck Addresses 219 Reno Street. New Cumberland, PA 17070 Relationship Relationship Son Son Daughter 11. Defendant/Petitioner 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, with the exception of the prior proceedings in 2003 at this same docket. 12. Defendant/Petitioner has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. 13. Defendant/Petitioner does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 14. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. 15. On October 6 and December 17, 2003, respectively, Orders For Custody were entered following Conciliation in the present action (see copy of Orders appended to this Complaint). Those Orders related to custody of four children, including the two who are the subject of this Complaint. 16. Defendant/Petitioner seeks to modify the current Orders so that she would have sole legal and physical custody of the children. 17. The best interest and permanent welfare of the children will be served bygranting the relief requested because: a) Father is an alcoholic who has sexually assaulted Mother and is subject to a temporary Protection From Abuse Order and is awaiting disposition of criminal charges relating to the assault.. b) Father is in the business of selling pornography and has had it scattered allover the residence in the presence of the two children who are subject to this Complaint To Modify Custody. c) Father caused the family to be evicted from their home because he threatened the landlord with physical abuse. d) The younger son - Ian Lauck - is afraid of his Father and requires special needs. Yolu,rr,_pC e) The emotional, physical and mental well-being of the children will be furthered by 5020 RMter Road living in an environment in which Father has no contact with the children. State 104 McChaniCSburg, PA 17055 PHONE: 717.766.4005 Fnx: 717.766.4066 WHEREFORE, Defendant/Petitioner Mother requests that the Court grant to her sole legal and physical custody of the children, Justin and Ian Lauck. Respectfully submitted, - Q4 &.-g' -- Jo M. Kerr, Esquire At orney I.D. #26414 John Kerr Law, P.C. 5020 Ritter Road, Suite 194 Mechanicsburg, PA 17055 (717) 766-4008 Dated: June 22, 2011 ?ohnrr a??. PC: 5020 Ritter Road Sutte 104 Mechanicsburg, PA 17055 PRONE: 717.766.4008 FAx: 717.766.4066 VERIFICATION The undersigned, Deborah Lauck, hereby states that she is the Plaintiff in the foregoing custody action and, as such, is authorized to execute this Verification and that any factual statements contained in the preceding complaint are true and correct to the best of her knowledge, information and belief. She understands that false statements are subject to the penalties prescribed at 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Deborah Lauck nrT 0 3 2003 CHARLES L. LAUCK, : IN THE COURT OF COMMON PLEAS OF Plaintiff' : CUMBERLAND COUNTY, PENNSYLVANIA V : CIVIL ACTION -LAW DEBORAH LYNN LAUCK, : NO. 2003 - 4135 CIVIL Defendant : IN CUSTODY COURT ORDER AND NOW, this day of 00 A-, 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows. 1. The Father, Charles L. Lauck, and the Mother, Deborah L. Lauck, shall enjoy shared legal custody of Nichole J. Lauck, born December 22, 1989; Tanya L. Lauck, born August 4, 1992; Justin C. Lauck, born February 8, 1994; and Ian M. Lauck, born June 21, 1995. 2. The Father shall enjoy primary physical custody of the minor children. 3. Mother shall enjoy periods of temporary physical custody of the minor children as follows: A. Sunday, September 21, 2003 from Noon until 6:00 p.m. B. Starting Friday, September 26, 2003 on alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m. C. Every Wednesday evening from 4:30 p.m. until 8:30 p.m. D. At such other times as agreed upon by the parties. 4. Both parties shall have reasonable telephone contact with the minor children when they are in the custody of the other parent. 5. In the event Mother can make arrangements for transporting the minor children to school on Monday morning, legal counsel for the parties may contact the conciliator to address that issue with the conciliator having the ability to recommend a modification of this order to expand Mother's alternating weekends until Monday mornings. 6. When Mother enjoys overnight custody with the minor children, the overnight shall be spent at the Maternal Grandmother's home unless Mother obtains other suitable living arrangements agreed to by the Father. 7. The Parties and thy' counsel shall meet with the conciliator for' a second custody conciliation conference on Friday, November 21, 2003 at 8:30 a.m. 8. For exchange of custody, the Father shall handle transportation unless agreed otherwise by the parties. 9• This is a temporary order based u n an to further modification of this court in tha ereeven t of the parties and subject reach an agreement on a permanent order the parties are unable to . cc: David Lopez, Esquire n Carey, Esquire !0.07-43 BY THE COT TR T DEC 1 5 2003 CHARLES L. LAUCK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION - LAW DEBORAH LYNN LAUCK, : NO. 2003 - 4135 CIVIL Defendant IN CUSTODY" COURT ORDER AND NOW, this -day of December, 2003, upon consideration of the attached C Conciliation Report, it is ordered and directed that this courts prior Order of October 6y 2003 is ratified subject to the following modifications: 1• The alternating weekend visitation that Mother enjoys with the minor children pursuant to Paragraph 3B of the prior Order shall start on a rotating basis on Friday, December 12, 2003. 2. Exchange of custody for the minor children, except if the parties agree otherwise, shall be at the Karn's Grocery Store at Lewisberry Road in New Cumberland. The time shall be as set forth In the prior Order. 3. The Christmas holiday shall be handled with Father enjoying custody of the minor children on Christmas Eve from Noon until Christmas Day at Noon. Mother shall enjoy custody from Christmas Day at Noon until December 26th- at Noon, with Mother also having the children thereafter for her scheduled weekend. However, Mother's Wednesday evening visitation under Paragraph 3C of the prior Order shall be suspended on December 24*. 4. The conciliator shall conduct a telephone conference with legal counsel for the parties on Thursday, February 5, 2003 at 8:30 a.m. At that time, the attorneys for the parties shall indicate if there is any need for modification of this order with the understanding that both parties reserve the opportunity to request that a hearing be scheduled before the court in the event they are unable to reach an agreement upon the entry of a final order. . J. cc: 4aron J. Neuharth, Esquire /2essica Diamondstone, Esquire J eo. 1 RV TU rnrmm CHARLES L. LAUCK, plaintiff v DEBORAH LYNN LAUCK, Defendant Prior Judge: J. Wesley Oler, Jr. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL, ACTION - LAW NO. 2003 - 4135 CIVIL IN CUSTODY CONCILIATION CONFERENCE S UMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND PROCEDURE 1915.3,8(b), the undersigned Custody COUNTY CIVIL RULE OF report: tody Conciliator submits the following 1 • The pertinent information pertaining to the children who are the subject of litigation is as follows: this Nichole J. Lauck, born December 22, 1989; Justin C. Lauck, born Feb ' Tanya L. , August 4, 1992; February 8, 1994; and Lan Al. La born Lauck, born June 21, 1995. 2. A Conciliation Conference was held on September 18, 2003, with individuals in attendance: the following The Father, Charles L. Lauck, with his Mother, Deborah L. Lauck, with her counsel, Joan CDare d ??z' Esquire; and the Y, Esquire. 3. The parties agree to the entry of an order in the form as attached. b? DATE3a Hubert X. Gilroy, Custody Conciliate CHARLES L. LAUCK, Plaintiff/Respondent V. DEBORAH L. LAUCK, Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA a r-o Co NO. 2003-4135 CIVIL f. -t A r- rv IN CUSTODY {?' sue -., C7 ., CIVIL ACTION - LAW ,7a PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow, Deborah L. Lauck, Defendant/Petitioner in the above-captioned action, to proceed in forma pauperis. I, John M. Kerr, Esquire, attorney for the party proceeding in forma au ris, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. Respectfully submitted, ?ohn ?err?,ti_. PC 5020 Ritter Road Suite 104 Mechanicsburg, PA 17055 PHow-: 717.766.4008 FAx: 717.766.4066 Dated: June 22, 2011 U W. ?/k w John M. Kerr, Esquire Attorney I.D. # 26414 John Ken- Law, P.C. 5020 Ritter Road, Suite 104 Mechanicsburg, Pennsylvania 17055 (717) 766-4008 Attorney for Defendant/Petitioner, Deborah L. Lauck CHARLES L. LA.IUCK PLAINTIFF V. DEBORAH LYN LAUCK DF FNDANT I I AND NOW, I Frida IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2003-4135 CIVIL ACTION LAW rnw C- rte- -urn C!) ? p IN CUSTODY <> CZ O'AT' ORDER OF COURT July 01, 2011 upon consideration of the attached Complaint, it is hereby directed hat parties and their respective counsel appear before Hubert X. Gilroy, Esq, the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Sunday, July 31, 2011 at 9:30 AM - - ---------- for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court h?reby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orde?s, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ _ Hubert X. Gilroy Esq• Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disc bled individuals having business before the court, please contact our office. All arrangements must be made a least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or h °arina. YOB 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 BELO ' TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 eq2 A94 v 11015 mil ??d - cosx°ilia?o r >I eo f rya, /Pl /m y 7i?/,? z CHARLES L. LAUCK, Plaintiff vs. DEBORAH LYNN LAUCK, Defendant Prior Judge: The Honorable M. L Ebert, Jr. IN THE COURT OF COMMON PLF*S OF c- CUMBERLAND COUNTY, PENN L?Na cu ? CIVIL ACTION - LAW - -, cnr ? =?r:a NO. 2003-4135 r- - r -?. IN CUSTODY =Dt 7 Z , COURT ORDER AND NOW, this day of , 2011, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: A hearing is scheduled in Court Room No. 2 of the Cumberland County Courthouse on the day of &, 2011 at /.'3.m. At this hearing, the mother shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, a summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, the custody arrangement as set forth in the Protection from Abuse Order at Docket No. 2011-4993 shall remain in place. 3. Counsel for the parties having brought up the issue of possible criminal violations by the other party and having suggested at the custody conciliation that some type of evaluation is necessary, if counsel for the parties want to proceed along those lines they are directed to furnish the Custody Conciliator with documentation verifying any criminal convictions that would trigger an evaluation under the custody law along with a proposed method of evaluation, evaluator and a proposal with respect to how the cost of the evaluation will be paid. BY THE COURT, M. L. Ebert, Jr., Judge cc: Jeanne B. Costopoulos, Esquire John M. Kerr, Esquire MO?Ld l 8?'01P CHARLES L. LAUCK, Plaintiff vs. DEBORAH LYNN LAUCK, Defendant Prior Judge: The Honorable M. L Ebert, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2003-4135 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Justin Lauck, born February 8, 1994, and Ian Lauck, born June 21, 1995 2. A Conciliation Conference was held on July 27, 2011, with the following individuals in attendance: The father, Charles L. Lauck, with his counsel, Jeanne B. Costopoulos, Esquire, and the mother, Deborah Lynn Lauck, with her counsel, John M. Kerr, Esquire. 3. The parties were before Judge Ebert on June 29, 2011, at which time the father agreed to the entry of a PFA with no admission of abuse. At that same time, Judge Ebert awarded mother custody of the children and provided father periods of temporary custody on alternating weekends from Friday at 6:00 until Sunday at 6:00. 4. At the conciliation, the father indicated that he is seeking primary custody and the mother is seeking primary custody. The parties are directly at odds and a hearing is required in the case. 5. The Conciliator recommends the entry of an Order in the form as attached. Date: July, 2011 ubert . Gilroy, Esquire Custo Conciliator FILED-OFFICE JEANNE B. COSTOPOULOS, ESQUIRE OF THE PROTHONOTARY Attorney I.D. No. 68735 2011 AUG 24 PM 4: 16 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 CUMBERLAND COUNTY Telephone No. (717) 221-0900 PENNSYLVANIA Attorney for Petitioner, Charles L. Lauck CHARLES L. LAUCK, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. DEBORAH LYNN LAUCK, Defendant No 2003-4135 CIVIL ACTION - AT LAW CUSTODY TO THE HONORABLE M. L. EBERT, JUDGE OF SAID COURT: PLAINTIFF'S EMERGENCY PETITION FOR SPECIAL RELIEF AND NOW, comes the Plaintiff, Charles L. Lauck, by and through his attorney, Jeanne B. Costopoulos, Esquire, and files the within Emergency Petition for Special Relief and in support thereof avers as follows: 1. Petitioner is Charles L. Lauck, Plaintiff above, hereinafter referred to as Father, an adult individual currently residing at 209 5t" Street, Apt. C, New Cumberland, Cumberland County, Pennsylvania, 17070. 2. Respondent is Deborah Lynn Lauck, Defendant above, hereinafter referred to as Mother, an adult individual whose current address is unknown but who is believed to be residing in Camp Hill, Cumberland County, Pennsylvania. 3. The parties have two minor children, Justin Lauck, born February 8, 1994, and Ian Lauck, born June 21, 1995. 4. An agreed upon PFA order was entered on behalf of Mother against Father with no admission as to abuse at docket no. 2011-4993 which contains a provision regarding custody which grants Mother primary custody and Father partial custody. The PFA OK e sYo-v order is attached hereto as Exhibit A. Said custody provisions were confirmed per order at the custody docket on August 2, 2011 pending a full custody trial currently scheduled on November 9, 2011. The custody order is attached hereto as Exhibit B. 5. The children have historically always attended school in the West Shore School District and both children strongly desire to continue attending school in the West Shore School District. 6. The younger child, Ian, has been enrolled in special education curriculum for many years and has been attending classes with the same students and with the same teachers with whom he is familiar and comfortable. 7. Mother unilaterally relocated the children to Camp Hill Borough and withdrawn them from Cedar Cliff High School which started August 24, 2011 and enrolled them at Camp Hill which starts next week. 8. The children are ages 16 and 17 and are refusing to attend school at Camp Hill, claiming that they will run away and/or quit school rather than attend school in Camp Hill. 9. Both children desire to either reside with Father, who lives in the West Shore School District, or alternatively temporarily stay with their adult sister, Tanya Lauck, age 20, who resides on Hummel Avenue in Lemoyne in the West Shore School District, pending the custody hearing currently scheduled on November 9, 2011. 10. From August 16, 2011 through August 22, 2011, the children, on their own, moved to their sister Tanya's residence with the hope of returning to Cedar Cliff in the West Shore District. They brought most of their clothes and were ready to begin school at Cedar Cliff. 11. On August 22, 2011, Mother called the police and the children reluctantly returned to Mother's home after Tanya and her husband were informed by Officer Weaver of the New Cumberland Police Department that charges could be filed against them if they did not force the boys out of their home. 12. Father fears that the boys will run away or quit school if not returned to the West Shore School District immediately. 13. Tanya Lauck is willing for the children to temporarily reside with her pending the hearing in November, with the children having free access to both of their parents. 14. John Kerr, attorney for Mother, does not concur with the relief requested herein. WHEREFORE, Petitioner respectfully requests this Honorable Court to order the children to be immediately returned to the West Shore School District and that the orders at both the PFA and custody dockets be modified to reflect that Tanya Lauck has temporary physical custody of the children pending further order of court. RESPECTFULLY SUBMITTED BY: By: JEANN k . COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff/Petitioner Dated: ??? VERIFICATION I, CHARLES L. LAUCK, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. Date: Ar v " Z(/ CH E/I z S . LAU K CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, hereby certify that this day I personally served a copy of the foregoing document upon the person indicated below by depositing a copy of the same with the United States Post Office through first class mail, prepaid, and addressed as follows: John M. Kerr, Esquire 5020 Ritter Road, Suite 194 Mechanicsburg, PA 17055 By: JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg; PA 17055 Telephone No. (717) 221-0900 Attorney for Charles L. Lauck Date: ??2 Z? E X 1 B,1T A Final Protection From Abuse Order No: 2011-4993 Page I of 5 FINAL PROTECTION IN THE COURT OF COMMON PLEAS OF FROM ABUSE ORDER CUMBERLAND COUNTY, PENNSYLVANIA Extended Order ? Amended Order NO. 2011-4993 1. PLAINTIFF Deborah L Lauck 5/3111963 First Middle Last Suffix Plaintiff DOB Name(s) of All protected persons, including minor child/ren and DOB. Deborah L Lauck 5/31/1963 V. DEFENDANT Charles L Lauck First Middle Last Suffix Defendant's Address: 209 C 5th Street New Cumberland PA 17070 CAUTION: Weapon Involved Weapon Present on the Property El Weapon Ordered Relinquished DEFENDANT IDE NTIFIERS DOB 119/1957 HEIGHT 51ft.8 SEX Male WEIGHT 150 RACE White EYES Brown HAIR Brown SSN DRIVERS LICENSE # EXP DATE STATE PA The Court Hereby Finds: That it has jurisdiction over the parties and subject matter, and the Defendant has been provided with reasonable notice and opportunity to be heard. The Court Hereby Orders: ?X Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. 0 Except as provided in paragraph 5 of this order, Defendant shall not contact Plaintiff, or any other person protected under this order, by telephone or by any other means, including through third persons. ?X Additional findings of this order are set forth below. Order Effective Date June 29, 2011 Order Expiration Date June 29. 2014 NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S.A. §6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. A VIOLATION OF THIS ORDER MAY RESULT IN THE REVOCATION OF THE SAFEKEEPING PERMIT, WHICH WILL REQUIRE THE IMMEDIATE RELINQUISHMENT OF YOUR FIREARMS, OTHER WEAPONS AND AMMUNITION TO THE SHERIFF. PLAINTIFF'S CONSENT TO CONTACT BY DEFENDANT SHALL NOT INVALIDATE THIS ORDER WHICH CAN ONLY BE MODIFIED BY FURTHER ORDER OF COURT. 23 Pa.C.S.A. § 6108(8). THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS. U.S. TERRITORIES AND THE COMMONWEALFH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. §2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C §§2261-2262. IF YOU POSSESS A FIREARM OR ANY AMMUNITION WHILE THIS ORDER IS IN EFFECT, YOU MAY BE CHARGED WITH A FEDERAL OFFENSE EVEN IF THIS PENNSYLVANIA ORDER DOES NOT EXPRESSLY PROHIBIT YOU FROM POSSESSING FIREARMS OR AMMUNITION. 18 U.S.C. §922(€)(8). https://www.pfad.state.pa.usIPFADLivelfinalorder.asp?finalorderID=200157&cmdMove=... 7/21/2011 Final Protection From Abuse Order No: 2011-4993 Page 2 of 5 Plaintiff or Protected Person(s) is/are: [X] spouse or former spouse of Defendant [X] parent of a child with Defendant Defendant was served in accordance with Pa. R.C.P. 1930.4 and provided notice of the time, date and location of the hearing scheduled in this matter. Appearances by Parties and/or Counsel: . Plaintiff appeared personally and is represented by: MidPenn Legal Services . Defendant appeared personally and is represented by: Allen Welch AND NOW, this 29th Day of June, 2011 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: This order is entered by agreement without an admission. Without regard as to how the order was entered, this is a final order of court subject to full enforcement pursuant to the Protection From Abuse Act. Plaintiffs request for a final protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten or attempt to use physical force that would reasonably be expected to cause bodily injury to Plaintiff or any other protected person in any place where they might be found. 2. Defendant is completely evicted and excluded from the residence at: or any other residence where Plaintiff or any other person protected under this order may live. Exclusive possession of the residence is granted to Plaintiff. Defendant shall have no right or privilege to enter or be present on the premises of Plaintiff or any other person protected under this order. 3. Except as provided in Paragraph 5 of this order, Defendant is prohibited from having ANY CONTACT with Plaintiff either directly or indirectly, or any other person protected under this order, at any location, including but not limited to any contact at Plaintiffs or other protected party's school, business, or place of employment. 4. Except as provided in paragraph 5 of this order, Defendant shall not contact Plaintiff, either directly or indirectly, or any other person protected under this order, by telephone or by any other means, including through third persons. https://www.pfad. state.pa.us/PFADLivelfinalorder.asp?finalorderID=20015 7&cmdMove=... 7/21/2011 Final Protection From Abuse Order No: 2011-4993 Page 3 of 5 5. Temporary custody of the minor children: 1. Ian M Lauck 2. Justin C Lauck shall be as follows: Primary physical custody of the minor child/ren is awarded to Plaintiff. Defendant shall have the following partial physical custody/visitation rights: See Attached Court Order Order of Court - dated 06-29-11 - In Re: Protection From Abuse Hearing And now this 29th day of June, 2011, this being the time and place set for a hearing on a final Protection From Abuse Order, and the defendant being in agreement that the final Order may be entered with regard to the Plaintiff, Debra Lauck, It is hereby ordered and directed that the final Order shall issue. It is further ordered and directed that with regard to custody of the two children, ages 16 and 17, mother shall have primary physical custody of these children. Father will have visitation on alternating weekends beginning this weekend, July 1, 2011. The period of visitation shall be from 6:00 p.m. Friday evening until 6:00 p.m. Sunday evening. However, the children, given their ages, will have the choice about whether or not they want to stay overnight with father. The exchage point for exchange of the children shall be the Karns grocery store at Lewisberry Road in New Cumberland. Mother will be permitted to allow a third party to bring the children to and pick up the children at the exchange point. Again, the court notes for the record that a complaint in custody has been filed and that will be resolved at a later time. Given the fact that the defendant did not contest the protection from abuse order, the surcharge of $100.00 will not be levied. By the court, M.L. Ebert, Jr., J. 6. The following additional relief is granted as authorized by §6108 of the Act: - The Defendant shall not damage, destroy or dispose of in any manner, any property that is owned jointly by the parties or solely by the Plaintiff. 7- A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: https://wvvw.pfad. state.pa.us/PFADLive/finalorder.asp?finalorderID=200157&cmdMove=... 7/21/2011 Final Protection From Abuse Order No: 2011-4993 Page 4 of 5 PSP-Carlisle Barracks Camp Hill Police Department 8. THIS ORDER SUPERSEDES ANY PRIOR PROTECTION FROM ABUSE ORDER OBTAINED BY THE SAME PLAINTIFF AGAINST THE SAME DEFENDANT. 9. All provisions of this order shall expire in 3 years on June 29, 2014. NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S.A. §6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. A VIOLATION OF THIS ORDER MAY RESULT IN THE REVOCATION OF THE SAFEKEEPING PERMIT, WHICH WILL REQUIRE THE IMMEDIATE RELINQUISHMENT OF YOUR FIREARMS, OTHER WEAPONS AND AMMUNITION TO THE SHERIFF. PLAINTIFF'S CONSENT TO CONTACT BY DEFENDANT SHALL NOT INVALIDATE THIS ORDER WHICH CAN ONLY BE MODIFIED BY FURTHER ORDER OF COURT. 23 Pa.C.S.A. § 6108(g). THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. §2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C §§2261-2262. IF YOU POSSESS A FIREARM OR ANY AMMUNITION WHILE THIS ORDER IS IN EFFECT, YOU MAY BE CHARGED WITH A FEDERAL OFFENSE EVEN IF THIS PENNSYLVANIA ORDER DOES NOT EXPRESSLY PROHIBIT YOU FROM POSSESSING FIREARMS OR AMMUNITION. 18 U.S.C. §922(g)(8). NOTICE TO SHERIFF, POLICE AND LAW ENFORCEMENT OFFICIALS The police and sheriff who have jurisdiction over Plaintiffs residence OR any location where a violation of this order occurs OR where Defendant may be located, shall enforce this order. The court shall have jurisdiction over any indirect criminal contempt proceeding, either in the county where the violation occurred or where this protective order was entered. An arrest for violation of paragraphs 1 through 5 of this order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police or any sheriff. 23 Pa.C.S.A. §6113. Subsequent to an arrest, and without the necessity of a warrant, the police officer or sheriff shall seize all firearms, other weapons and ammunition in Defendant's possession that were used or threatened to be used during the violation of the https://www.pfad.state.pa.us/PFADLivelfinalorder.asp?flnalorderID=200157&cmdMove=... 7/21/2011 Final Protection From Abuse Order No: 2011-4993 Page 5 of 5 protection order or during prior incidents of abuse and any other firearms in Defendant's possession. The Sheriff of Cumberland County shall maintain possession of the firearms, other weapons or ammunition until further order of this court. When Defendant is placed under arrest for violation of this order, Defendant shall be taken to the appropriate authority or authorities before whom Defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer, sheriff OR Plaintiff. Plaintiffs presence and signature are not required to file the complaint. If sufficient grounds for violation of this order are alleged, Defendant shall be arraigned, bond set, if appropriate and both parties given notice of the date of the hearing. BY THE COURT: M. L. Ebert, Jr. JUNE 30, 2011 Date This verifies that the above document is on file with the Cumberland County Office of the Prothonotary. FILED: JUN 30,20112:46 PM Distribution to: Legal Services Allen Welch, Esq., Defendant's Attorney https://www.pfad.state.pa.us/PFADLivelfinalorder.asp?finalorderID=200157&cmdMove=... 7/21/2011 EXHIBIT B CHARLES L. LAUCK, Plaintiff vs. DEBORAH LYNN LAUCK, Defendant Prior Judge: The Honorable M. L Ebert, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2003-4135 IN CUSTODY COURT ORDER AND NOW, this _ day of Awos4 , 2011, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. 2 of the Cumberland County Courthouse on the _ " day of NpVprnber, 2011 at ?oD.m. At this hearing, the mother shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, a summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, the custody arrangement as set forth in the Protection from Abuse Order at Docket No. 2011-4993 shall remain in place. 3. Counsel for the parties having brought up the issue of possible criminal violations by the other party and having suggested at the custody conciliation that some type of evaluation is necessary, if counsel for the parties want to proceed along those lines they are directed to furnish the Custody Conciliator with documentation verifying any criminal convictions that would trigger an evaluation under the custody law along with a proposed method of evaluation, evaluator and a proposal with respect to how the cost of the evaluation will be paid. BY THE COURT, cc: Jeanne B. Costopoulos, Esquire John M. Kerr, Esquire L. Ebert, Jr., Judge TRlJE Copy FRW RECORD 1h T6W nxW m ro?,1 f+Nr unto set my hand srn! ? ?d?Md I'f?e. Pa. ebcct? CHARLES L. LAUCK, Plaintiff VS. DEBORAH LYNN LAUCK, Defendant Prior Judge: The Honorable M. L Ebert, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW NO. 2003-4135 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Justin Lauck, born February 8, 1994, and Ian Lauck, born June 21, 1995 2. A Conciliation Conference was held on July 27, 2011, with the following individuals in attendance: The father, Charles L. Lauck, with his counsel, Jeanne B. Costopoulos, Esquire, and the mother, Deborah Lynn Lauck, with her counsel, John M. Kerr, Esquire. 3. The parties were before Judge Ebert on June 29, 2011, at which time the father agreed to the entry of a PFA with no admission of abuse. At that same time, Judge Ebert awarded mother custody of the children and provided father periods of temporary custody on alternating weekends from Friday at 6:00 until Sunday at 6:00. 4. At the conciliation, the father indicated that he is seeking primary custody and the mother is seeking primary custody. The parties are directly at odds and a hearing is required in the case. 5. The Conciliator recommends the entry of an Order in the form as attached. 2?' Date: July 2011 ubert X/ Gilroy, Esquire Custo Conciliator CHARLES L. LAUCK, PLAINTIFF V. DEBORAH LYNN LAUCK, DEFENDANT :ZE: PLAINTIFF'; ( PETITION F( -C cn TEMPORARY ORDER OF COURT AND NOW, this 25th day of August, 2011, upon consideration of Plal?16ff's Emergency Petition for Special Relief, IT IS HEREBY ORDERED AND DIRECTED that the minor children, Justin C) -n z-n rn -, rn aj ?o -4 CD :T -n C? -°n :.:f-' Lauck, born February 8, 1994, and Ian Lauck, born June 21, 1995, shall be enrolled in the West Shore School District. IT IS FURTHER ORDERED AND DIRECTED THAT Mother provide transportation to and from the children's school or allow the children to remain in the home of Tanya Lauck pending further Order of Court. The Children shall have free access to both parents pending the hearing currently scheduled for November 9, 2011. By the Court, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-4135 CIVIL 11\ -1? ??A V M. L. Ebert, Jr., J. 'Jeanne B. Costopoulos, Esquire Attorney for Plaintiff '/John M. Kerr, Esquire Attorney for Defendant SI?°?IO'? bas CHARLES L. LAUCK, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. : DEBORAH LYNN LAUCK, : DEFENDANT : NO. 03-4135 CIVIL IN RE: PLAINTIFF'S EMERGENCY PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 9th day of November, 2011, this being the time and place set for a custody hearing in the above captioned matter, and the parties having reached a resolution prior to any testimony having been taken, IT IS HEREBY ORDERED AND DIRECTED that: 1. The prior custody Orders of October 6 and December 17, 2003, are vacated. 2. Leqal Custodv: The Mother, Deborah Lynn Lauck, and the Father, Charles L. Lauck, shall enjoy shared legal custody of Justin Lauck, born February 8, 1994, and lan Lauck, born June 21, 1995. Major decisions concerning their children, including, but not necessarily limited to, the children's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interest. Each party shall not impair the other party's rights to shared legal custody of the children. Each party shall not alienate the affections of the children from the other party. With regard to any emergency decisions that must be made, the parent having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as thereafter possible. I Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent. 3. Physical Custodv: The Father, Charles L. Lauck shall enjoy primary physical custody of the children subject to Mother's periods of partial custody as follows: a. Beginning the weekend of November 12 and 13, 2011, Mother shall enjoy one day of partial physical custody from 10:00 a.m. until 7:00 p.m., on either Saturday or Sunday depending on her work schedule. Mother will notify Father of which day she intends to exercise custody as soon as she knows her schedule. Such I notification shall be in the form of a message on Father's cell phone. b. Beginning January 1, 2012, Mother shall have overnight partial custody beginning on Saturday mornings at 8:00 a.m. until Sunday evening at 5:00 p.m. c. Beginning on March 2, 2012, Mother shall enjoy partial physical custody every other weekend for the entire weekend from Friday at 6:00 p.m. until i I Sunday at 5:00 p.m. d. Other: In addition to the partial custody schedule outlined above, i Mother shall have other times as mutually agreed upon by the parties. ' 4. Holiday Schedule: The parties will alternate holidays as follows: Thanksgiving Day from 10:00 a.m. until 7:00 p.m. 'I Christmas Segment A- Christmas Eve at Noon until Christmas Day at Noon I'Christmas Segment B- Christmas Day at Noon until December 26 at Noon ~ I Easter from 10:00 a.m. until 7:00 p.m. Fourth of July from 10:00 a.m. until 7:00 p.m. ~ ~ I Memorial Day from 10:00 a.m. until 7:00 p.m. Labor Day from 10:00 a. m. until 7:00 p.m. This will start with Father having Thanksgiving in 2011. Mother will have Christmas Segment A in 2011. The parties will then continue to alternate holidays. 5. Summer Vacation: Each party is entitled to exclusive custody for one week to include their regularly scheduled weekend. Each party will give notice to the other party of their choice on or before May 15 of each year. 6. Support: The parties agree that neither party shall file for child support, and that lan Lauck's social security checks will be paid to Father as primary custodian. I 7. Disparaqement: The Parties agree that neither will disparage each other in ' the presence of the children. ' 8. Transportation: The party who is obtaining custody shall provide the transportation or shall arrange for transportation to be made by a third party. The ' parties will not leave their car or their home. The children will simply go from one to the other on their own. I 9. Prior PFA: With regard to the current PFA pending against Charles Lauck, Father will be permitted to travel to the home of the Mother in order to facilitate custody exchange. It is specifically ordered that such legitimate travel will not constitute a ' violation of the Protection From Abuse Order docketed to 2011-1993 Civil. 10. This Court's Order of August 25, 2011, permitting the children to reside with the parties' daughter, Tanya Lauck is VACATED. IT IS FURTHER ORDERED AND DIRECTED that given the age of the children, they are directed to specifically adhere to the schedule provided above and neither party shall in any way encourage the children not to fulfill their responsibilities under this Order. By the Court, ~k -L M. L. Ebert, Jr., . Jeanne B. Costopoulos, Esquire , Attorney for Plaintiff CWW"o- I7 John M. Kerr, Esquire / ~~l al ~ 11 ~j,qS Attorney for Defendant bas •h , C') C 2~ 0 •C "p~ G7 •~{A ~ C:) ~ <n Z-n I D a 'Tt C'9 2Cy = ~=t'7 ~ CD c M A ~ ~ F- -C ~