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HomeMy WebLinkAbout08-4850JASON G. FOLK, Plaintiff V. LINDSAY LINK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2008 - gf66 CIVIL TERM IN CUSTODY COMPLAINT FOR CUSTODY AND NOW comes the Plaintiff, Jason G. Folk, by his attorneys, Irwin & McKnight, and presents the following Complaint for Custody. 1. The Plaintiff, Jason G. Folk, is an adult individual with an address of 1115 Petersburg Road, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. The Defendant, Lindsay Link, is an adult individual with an address of 1110 Cocklin Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The parties are the natural parents of one (1) child, namely, Brianna E. Folk, born August 15, 2001. 4. The Plaintiff, Jason G. Folk, desires that the parties have shared legal custody of Brianna E. Folk. 5. The Plaintiff, Jason G. Folk, desires temporary periods of physical custody of said minor child as the parties can agree. 6. The best interests and permanent welfare of the minor child requires that the Court grant the Plaintiff s request as set forth above. WHEREFORE, the Plaintiff, Jason G. Folk, respectfully requests that he be awarded shared legal custody of Brianna E. Folk and temporary periods of physical custody as provided herein. By: Respectfully submitted, IRWIN & Marcus A. cKnight, Attorney f Plaintiff 60 West Pomfret Stre Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Supreme Court I. D. No. 25476 Date: August 11, 2008 VERIFICATION The foregoing Complaint for Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. l J *90N G. FOLK Date: August 11, 2008 r? O -n ?y ? ?? ? ? ..-? ? ^y?, ,, ?? .• 41 ^y, ? ?? tt . 4 d -.•„? ?'?, l ?.:? ? ? ..j?. ,:-:y II C? _ r ?-' . O 4.0? • .. I „Y+v fr .! 4? ,?4 w?/' ham` `\ ?\ ??.?.? .."``. JASON G. FOLK IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-4850 CIVIL ACTION LAW LINDSAY LINK IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, August 15, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, September 16, 2008 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Is/ ac ueline M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 OCT 0 6 LUUB C4 JASON G. FOLK, Plaintiff V. LINDSAY LINK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-4850 : IN CUSTODY ORDER OF COURT CIVIL ACTION - LAW AND NOW, this t- ? day of O J I . , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The prior Order of Court dated October 2, 2006 at docket no. 06-4895 is hereby vacated. 2. The Father, Jason G. Folk and the Mother, Lindsay Link, shall have shared legal custody of Brianna E. Folk, born August 15, 2001. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. In the event that a major legal custody issue arises before the next conciliation conference, counsel for the parties may request a telephone conference with the Custody Conciliator. 3. Mother shall have primary physical custody of the child. I? - rwt`xI? k Li, 1-2, :01 P L--130 Glu9Z _ I t, 4. Father shall have three supervised visits with the child at InnerWorks with therapist, Anthea Stebbens supervising. The parties agree to follow all recommendations of the therapist, including more supervised visits. 5. If the supervised visits are successful and if the therapist recommends that visits may go to unsupervised, then Father shall have four hours of partial physical custody of the child every Tuesday from 4:00 p.m. to 8:00 p.m. and alternating Sundays from 1:00 p.m. to 5:00 p.m. 6. Father shall sign a release with his probation officer allowing the therapist, and counsel for Mother and Father to discuss with his probation officer the results of his random drug screenings. The probation officer is authorized to release positive drug screens to both counsel and the therapist and any new criminal arrests of Father. 7. Neither party may consume alcohol to the point of intoxication or use illegal drugs immediately prior to or during their periods of partial physical custody of the child. 8. Transportation shall be shared such that the parties shall exchange custody at the Giant grocery store on the Cumberland Parkway in Mechanicsburg. 9. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Conciliation Conference is scheduled for Tuesday, December 2, 2008 at 9:30 a.m. BY THE COURT, I , , J. Wesley Oler, J¢ - ' J. cc: arcus A. McKnight, III, Esquire, Counsel for Father Andrea Hudak Duffy, Esquire, Counsel for Father Co r,ks rn ?Lt L ,o/i/to$ P rt , _ j 10 LC 01 `V L- J.1, 0 0002 ' I Ir_i OCT n 6 2008 JASON G. FOLK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-4850 CIVIL ACTION - LAW LINDSAY LINK, Defendant : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Brianna E. Folk August 15, 2001 Mother 2. A Conciliation Conference was held in this matter on October 3, 2008, with the following in attendance: The Father, Jason G. Folk, with his counsel, Marcus A. McKnight, III, Esquire, and the Mother, Lindsay Link, with her counsel, Andrea Hudak Duffy, Esquire. 3. A prior Order of Court was entered by the Honorable J. Wesley Oler, Jr. at docket No. 06-4895 dated October 2, 2006 providing for shared legal custody, Mother having primary physical custody and Father having alternating weekends and evenings during the week. The parties acknowledged that this prior Order was not followed and were in agreement to proceed under the new docket number. 4. The parties agreed to an Order in the form as attached. /0-3-af Date ?-U ac eline M. Verney, Esquire Custody Conciliator CEC 0 2 20086 JASON G. FOLK, Plaintiff V. LINDSAY LINK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-4850 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this 3 c ?( day of e , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: and effect. The prior Order of Court dated October 6, 2008 shall remain in full force 2. In the event that a major legal or physical custody issue arises before the next conciliation conference, counsel for the parties may request a telephone conference with the Custody Conciliator. 2. This Order is entered pursuant to an agreement of counsel for 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. Another Conciliation Conference is scheduled for Monday, February 2, 2009 at 9:30 a.m. BY THE COURT, esley Oler, Z cc: ?4arcus A. McKnight, III, Esquire, Counsel for Father &, "Andrea Hudak Duffy, Esquire, Counsel for Mother Iles M za E'LL I J. ?-? _-.;? ?- c- `_ ' _ - ?. ?T?? ._. ._...... 1 ?_? ? ?_. I '- a -- C-. _ ._" .. C;l c . JASON G. FOLK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-4850 CIVIL ACTION - LAW LINDSAY LINK, Defendant : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME Brianna E. Folk DATE OF BIRTH CURRENTLY IN CUSTODY OF August 15, 2001 Mother 2. A telephone Conciliation Conference was held in this matter on December 2, 2008, with the following in attendance: Father's counsel, Marcus A. McKnight, III, Esquire, and Mother's counsel, Andrea Hudak Duffy, Esquire. 3. The Honorable J. Wesley Oler, Jr. entered an Order of Court dated October 6, 2008 providing for shared legal custody, Mother having primary physical custody and Father having supervised visits with a therapist and four hour unsupervised periods if and when the therapist recommended they begin. 4. Counsel for the parties agreed to an Order in the form as attached. /.?, -a ?k Date 9arelineM. lVerney, Esquire Custody Conciliator Fro 0 4 M16) JASON G. FOLK, Plaintiff V. LINDSAY LINK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-4850 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this day of Fc , 2009, upon consideration of the attached Custody Conciliation Report, ' is ordered and directed as follows: The prior Orders of Court dated October 6, 2008 and December 3, 2008 are hereby vacated. 2. The Father, Jason G. Folk and the Mother, Lindsay Link, shall have shared legal custody of Brianna E. Folk, born August 15, 2001. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 3. Mother shall have primary physical custody of the child. 4. Father shall have periods of partial physical custody as follows: A. Every Tuesday from 4:00 p.m. to 8:00 p.m. The parties shall meet at Weiser's Market in Mechanicsburg to exchange custody. B. Alternating Sundays from 1:00 p.m. to 7:30 p.m. These shall continue for 2 months. Y ' N U C. After two months of partial physical custody as permitted in paragraph 413, then alternating Sundays from 8:00 a.m. to 7:30 p.m. 5. Father has signed a release with his probation officer allowing counsel for Mother and Father to discuss with his probation officer the results of his random drug screenings. The probation officer is authorized to release positive drug screens and any new criminal arrests of Father to counsel for the parties. 6. Neither party may consume alcohol to the point of intoxication or use illegal drugs immediately prior to or during their periods of partial physical custody of the child. 7. Except as otherwise provided herein, transportation shall be shared such that the receiving party shall transport. 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. ccXarcus A. McKnight, III, Esquire, Counsel for Father .Xndrea Hudak Duffy, Esquire, Counsel for Father 4 RV TL71Q f`(1T TT? T JASON G. FOLK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-4850 CIVIL ACTION - LAW LINDSAY LINK, . Defendant : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME Brianna E. Folk DATE OF BIRTH CURRENTLY IN CUSTODY OF August 15, 2001 Mother 2. A Conciliation Conference was held in this matter on February 2, 2009, with the following in attendance: The Father, Jason G. Folk, with his counsel, Marcus A. McKnight, III, Esquire, and the Mother, Lindsay Link, with her counsel, Andrea Hudak Duffy, Esquire. 3. Prior Orders of Court were entered by the Honorable J. Wesley Oler, Jr. dated October 6, 2008 and December 3, 2008 providing for shared legal custody, Mother having primary physical custody, Father having 3 supervised visits with the child and a therapist and then periods of 4 hour partial physical custody. 4. The parties agreed to an Order in the form as attached. .?Z -3-D (Le?'"e?t /--V?? Date acq ine M. Verney, Esquire Custody Conciliator PY 2010 "f-4 Firi 2": ?7 p '' INA Y JASON G. FOLK, Plaintiff/Petitioner V. LINDSAY LINK, Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2008 - 4850 CIVIL TERM IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW comes the Petitioner, Jason G. Folk, by his attorneys, Irwin & McKnight, P.C., and presents the following Petition for Modification of Custody. 1. The Petitioner, Jason G. Folk, is an adult individual with an address of 755 Longs Gap Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Respondent, Lindsay Link, is an adult individual with an address of 1110 Cocklin Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The parties are the natural parents of one (1) child, namely, Brianna E. Folk, born August 15, 2001. ?7aoot Ir? ,2 #- av3as. 4. Custody of Brianna E. Folk, is pursuant to a Custody Order of Court dated February 5, 2009, signed by the Honorable J. Wesley Oler, Jr. A copy of said Order of Court is attached hereto and marked as Exhibit "A". 5. The Petitioner, Jason G. Folk, desires to extend his periods of physical custody of said minor child. 6. The best interests and permanent welfare of the minor child requires that the Court grant the Petitioner's request as set forth above. WHEREFORE, the Petitioner, Jason G. Folk, respectfully requests that an Order of Court be entered which expands his periods of physical custody of said minor child, Brianna E. Folk. Respectfully submitted, IRWIN & McKNIGHT, P.C. By: J ?--, Marcus A. ight, Esquire Attorney f Plaintiff 60 West Po t Street Carlisle, Pennsylvania 013-3222 (717) 249-2353 Supreme Court I. D. No. 25476 Date: June 4, 2010 EXHIBIT "A" FEB 0 4 2GDJ(,7 JASON G. FOLK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-4850 CIVIL ACTION - LAW LINDSAY LINK, ' Defendant : IN CUSTODY AND NOW, this 61), day of _ ru r , 2009, upon consideration of the attached Custody Conciliation Report, it ordered and directed as follows: 1. The prior Orders of Court dated October 6, 2008 and December 3, 2008 are hereby vacated. 2. The Father, Jason G. Folk and the Mother, Lindsay Link, shall have shared legal custody of Brianna E. Folk, born August 15, 2001. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 3. Mother shall have primary physical custody of the child. 4. Father shall have periods of partial physical custody as follows: A. Every Tuesday from 4:00 p.m. to 8:00 p.m. The parties shall meet at Weiser's Market in Mechanicsburg to exchange custody. B. Alternating Sundays from 1:00 p.m. to 7:30 p.m. These shall continue for 2 months. C. After two months of partial physical custody as permitted in paragraph 4B, then alternating Sundays from 8:00 a.m. to 7:30 p.m. 5. Father has signed a release with his probation officer allowing counsel for Mother and Father to discuss with his probation officer the results of his random drug screenings. The probation officer is authorized to release positive drug screens and any new criminal arrests of Father to counsel for the parties. 6. Neither party may consume alcohol to the point of intoxication or use illegal drugs immediately prior to or during their periods of partial physical custody of the child. 7. Except as otherwise provided herein, transportation shall be shared such that the receiving party shall transport. 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. cc: Marcus A. McKnight, III, Esquire, Counsel for Father Andrea Hudak Duffy, Esquire, Counsel for Father REECEN FEB 10 2009 {+ Teetfn,?ny whered, I hem unto set my ham r 1RWIN & NUNICHT fh at LAW OFFICES -l„ i• r BY THE COURT. JASON G. FOLK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. LINDSAY LINK, Defendant : NO. 2008-4850 CIVIL ACTION - LAW IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Brianna E. Folk August 15, 2001 Mother 2. A Conciliation Conference was held in this matter on February 2, 2009, with the following in attendance: The Father, Jason G. Folk, with his counsel, Marcus A. McKnight, III, Esquire, and the Mother, Lindsay Link, with her counsel, Andrea Hudak Duffy, Esquire. 3. Prior Orders of Court were entered by the Honorable J. Wesley Oler, Jr. dated October 6, 2008 and December 3, 2008 providing for shared legal custody, Mother having primary physical custody, Father having 3 supervised visits with the child and a therapist and then periods of 4 hour partial physical custody. 4. The parties agreed to an Order in the form as attached. - 3 -o q /4. I? Date acq ine M. Verney, Esquire Custody Conciliator VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: June 4, 2010 JASON G. FOLK, Plaintiff/Petitioner V. LINDSAY LINK, Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2008 - 4850 CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Petition was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Theresa Barrett Male, Esq. 513 North Second Street Harrisburg, PA 17101-1058 IRWIN & McKNIGHT, P.C. By: Marcus A. Mc ight,1 , squire 60 West Pomfre Street Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: June 4, 2010 F. ?? ? - 1? 2310 ,4;,o 1 - ?} , F E -, tt: u .vic vJ JASON G. FOLK, Plaintiff/Petitioner V. LINDSAY LINK, Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2008 - 4850 CIVIL TERM IN CUSTODY PETITION FOR CONTEMPT FOR VIOLATION OF THE CUSTODY ORDER DATED FEBRUARY 5.2009 AND NOW comes the Petitioner, Jason G. Folk, by his attorneys, Irwin & McKnight, P.C., and presents the following Petition for Contempt for Violation of the Custody Order Dated February 5, 2009: 1. The Petitioner, Jason G. Folk, is an adult individual with an address of 755 Longs Gap Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Respondent, Lindsay Link, is an adult individual with an address of 1110 Cocklin Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The parties are the natural parents of one (1) child, namely, Brianna E. Folk, born August 15, 2001. 4,,/46.66 cL+Cy cc4 Z--4 `sYy R *,:2y 2 125 4. Custody of Brianna E. Folk, is pursuant to a Custody Order of Court dated February 5, 2009, signed by the Honorable J. Wesley Oler, Jr. A copy of said Order of Court is attached hereto and marked as Exhibit "A". 5. The Respondent, Lindsay Link, over the course of the past six (6) weeks, has deliberately interfered with the periods of physical custody of the Petitioner, Jason G. Folk. She has scheduled other activities for Brianna E. Folk during the Petitioner's periods of custody and repeatedly lied about the child's whereabouts. 6. The Respondent has not filed to modify custody. 7. The Petitioner, Jason G. Folk, requests the following: A. A finding that the Respondent, Lindsay Link, has deliberately violated the Order of Court by withholding physical custody of Brianna E. Folk from the Petitioner, Jason G. Folk. B. That the Petitioner, Jason G. Folk, be given additional periods of custody to make up for the times of custody he lost with Brianna E. Folk. C. That reasonable legal fees be awarded to the Petitioner in the amount of Five Hundred and no/100 ($500.00) Dollars. WHEREFORE, the Petitioner, Jason G. Folk, respectfully requests that an Order of Court be entered for the relief requested above. Respectfully submitted, IRWIN & McKNIGHT, P.C. By: ?/ r/67- - Marcus c ht, II, Esquire Attorney for Pl intiff 60 West Pomfr et Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Supreme Court I. D. No. 25476 Date: June 4, 2010 EXHIBIT "A" FEB 0 4 2GN61 JASON G. FOLK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-4850 CIVIL ACTION - LAW LINDSAY LINK, , ' Defendant : IN CUSTODY AND NOW, this day of rte r , 2009, upon consideration of the attached Custody Conciliation Report, it ordered and directed as follows: 1. The prior Orders of Court dated October 6, 2008 and December 3, 2008 are hereby vacated. 2. The Father, Jason G. Folk and the Mother, Lindsay Link, shall have shared legal custody of Brianna E. Folk, born August 15, 2001. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 3. Mother shall have primary physical custody of the child. 4. Father shall have periods of partial physical custody as follows: A. Every Tuesday from 4:00 p.m. to 8:00 p.m. The parties shall meet at Weiser's Market in Mechanicsburg to exchange custody. B. Alternating Sundays from 1:00 p.m. to 7:30 p.m. These shall continue for 2 months. ? • G C. After two months of partial physical custody as permitted in paragraph 4B, then alternating Sundays from 8:00 a.m. to 7:30 p.m. 5. Father has signed a release with his probation officer allowing counsel for Mother and Father to discuss with his probation officer the results of his random drug screenings. The probation officer is authorized to release positive drug screens and any new criminal arrests of Father to counsel for the parties. 6. Neither party may consume alcohol to the point of intoxication or use illegal drugs immediately prior to or during their periods of partial physical custody of the child. 7. Except as otherwise provided herein, transportation shall be shared such that the receiving party shall transport. 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. cc: Marcus A. McKnight, III, Esquire, Counsel for Father Andrea Hudak Duffy, Esquire, Counsel for Father BY THE COT 1RT_ d JASON G. FOLK, Plaintiff V. LINDSAY LINK, Defendant PRIOR JUDGE: J. Wesley Oler, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: The pertinent information concerning the Child who is the subject of this : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-4850 CIVIL ACTION - LAW : IN CUSTODY litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Brianna E. Folk August 15, 2001 Mother 2. A Conciliation Conference was held in this matter on February 2, 2009, with the following in attendance: The Father, Jason G. Folk, with his counsel, Marcus A. McKnight, III, Esquire, and the Mother, Lindsay Link, with her counsel, Andrea Hudak Duffy, Esquire. 3. Prior Orders of Court were entered by the Honorable J. Wesley Oler, Jr. dated October 6, 2008 and December 3, 2008 providing for shared legal custody, Mother having primary physical custody, Father having 3 supervised visits with the child and a therapist and then periods of 4 hour partial physical custody. 4. The parties agreed to an Order in the form as attached. -3-D? 14-V Date acq ine M. Verney, Esquire Custody Conciliator VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. N G. FOLK Date: June 4, 2010 JASON G. FOLK, Plaintiff/Petitioner V. LINDSAY LINK, Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2008 - 4850 CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Petition was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Theresa Barrett Male, Esq. 513 North Second Street Harrisburg, PA 17101-1058 IRWIN & McKNIGHT, P.C. By: Marcus A. McKni II, Esquire 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: June 4, 2010 P 0 JASON G. FOLK IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-4850 CIVIL ACTION LAW IN CUSTODY LINDSAY LINK D[?Fh,NDANT ORDER OF COURT AND NOW, Wednesday, June 09, 2010 upon consideration of the attached Complaint, it is hcrcb} directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, July 08, 2010 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporarv or permanent order. The court herebv directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. Lt'to•l0 b. l0• 10 By: /s/ Jacqueline M. Verney, Esq.! Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act oil' 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements 111ust be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association ?? 32 South Bedford Street Carlisle Pennsylvania 17013 ?0+ Coe Telephone (717) 249-3166 n o C o °n 77 r _ C7 `r C) r- (0-to-lo cool '?laced "n 11" ) V??:s It. T -,," n J L Law Office of Theresa Barrett Male Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101-1058 (717) 233-3220 tbm(a7tbmesguire.com Attorneys for Defendant/Movant COURT OF COMMON OF PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JASON G. FOLK Plaintiff/Respondent V. NO. 2008-2850 Civil Term LINDSAY LINK Defendant/Movant CIVIL ACTION - CUSTODY DEFENDANT'S MOTION TO RESCHEDULE CUSTODY HEARING 1. Pending before this Honorable Court is Plaintiff's Petition for Modification of Custody. 2. By Order dated July, 9, 2010, The Honorable J. Wesley Oler, Jr. scheduled the custody hearing for October 20, 2010 at 1:30 p.m. A copy of the order is attached as Exhibit 1. 3. At the time the hearing date was set, Movant's counsel was available for the October 20 hearing date. 4. On September 8, 2010, Movant's counsel, who has been undergoing treatment for breast cancer since March 2010, received her six-week radiation therapy schedule, which will begin on September 16 and end on October 27, from her radiation oncologist at Hershey Medical Center Cancer Institute. 5. As a result of this schedule, counsel will not be able to represent Defendant at the October 20 hearing. 6. Marcus A. McKnight, III, Esquire, counsel for Plaintiff/Respondent, concurs in this Motion. Wherefore, Defendant/Movant respectfully requests the court to grant this Motion and reschedule the October 20, 2010 hearing. Law Office of Theresa Barrett Male Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101-1058 (717) 233-3220 Attorneys for Defend ant/M ova nt Date: September 13, 2010 2 JUL ? `LUlu JASON G. FOLK, Plaintiff V. LINDSAY LINK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-4850 CIVIL ACTION - LAW : IN CUSTODY FJU 14 2010 ORDER OF COURT AND NOW, this day of azlz , 2010, upon consideration of the attached Custody Con filiation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. of the Cumberland County Court House, on the a09'(1day of &09 '?- , 2010, at /-`.3d o'clock, P. M., at which time testimony will be taken. For purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Order of Court dated February 5, 2009 of the Honorable J. Wesley Oler, Jr. shall remain in full force and effect with the following modification. 3. Paternal Grandmother shall supervise Father's periods of partial physical custody. 4. 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 COURT, J. Wes ey Oler, Jr., J. ", I-Xle? cc: Marcus A. McKnight, III, Esquire, Counsel for Father Theresa Barrett Male, Esquire, Counsel for Mother In TRUE Copy PROO RECORD &d Iat 'u"... 4? 20 76 JASON G. FOLK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-4850 CIVIL ACTION - LAW LINDSAY LINK, Defendant : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Brianna E. Folk August 15, 2001 Mother 2. A Conciliation Conference was held July 8, 2010 with the following individuals in attendance: The Father, Jason G. Folk, with his counsel, Marcus A. McKnight, III, Esquire, and the Mother, Lindsay Link, with her counsel, Theresa Barrett Male, Esquire. 3. Father's position on custody is as follows: Father seeks shared legal and partial physical custody on alternating weekends. Father has filed both a Petition to Modify and a Contempt Petition, alleging that Mother has withheld the child from him during his periods of partial physical custody as set forth in the prior Order. Father is also seeking reasonable attorney fees if Mother is found to be in contempt. 4. Mother's position on custody is as follows: Mother seeks shared legal and primary physical custody, with Father having supervised visitation with his mother acting as the supervisor. Mother asserts that Father has failed to exercise all of his periods of custody and that he has four criminal charges pending involving drug issues. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and entering an Order of Court modifying the prior Order to allow for Father's periods of partial physical custody to be supervised. It is expected that the Hearing will require one-half day. I- F-16 Date V . Q?M? A. acqline M. Verney, Esquire Custody Conciliator PROOF OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.C.P. 440: Service by first-class mail addressed as follows: Marcus A. McKnight, III, Esquire Irwin & McKnight, P.C. 60 West Pomfret Street Carlisle, PA 17013-3222 Attorneys for Plaintiff Law Office of Theresa Barrett Male :fCeresa Barrett Male, Esquire, ID 4643 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Attorneys for Defendant Date: September _ , 2010 Law Office of Theresa Barrett Male Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101-1058 (717) 233-3220 tbm(&-tbmesguire.com Attorneys for Defendant/Movant FILED-OFFICE 0 i 1IE PR0P ti0N0TARY 2010 SEP 17 AM 11: 00 SUMSERLAND COUNTY PENNSYLVANIA 1 SEP 15 2010 COURT OF COMMON OF PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JASON G. FOLK Plaintiff/Respondent V. LINDSAY LINK Defendant/Movant NO. 2008-)850 Civil Term CIVIL ACTION - CUSTODY ORDER AND NOW, September, 2010, after consideration of Defendant's Motion to Reschedule Custody Hearing, the Court GRANTS the Motion. The custody hearing now scheduled for October 20, 2010 is RESCHEDULED to ?A &MT? , avl+ 269.6 at o'clock 0--,.m. in Court Room No.1, Cumberland County Courthouse. All terms and conditions of the Court's July 9, 2010 shall remain in full force and effect. BY THE COURT: Distribution: ."'M?a cus A. McKnight, III, Esquire, 60 West Pomfret Street, Carlisle, PA 17103-3222 Jffieresa Barrett Male, Esquire, 513 North Second Street, Harrisburg, PA 17101-1058 9 17 ?v 2 FILED-OFFICE I (27 THE 2N I JAN -5 PM 3: 54 t'. S" PENNSYi..VARIA JASON G. FOLK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2008 - 4850 CIVIL TERM LINDSAY LINK, Defendant IN CUSTODY PRAECIPE TO WITHDRAW PETITION TO MODIFY CUSTODY AND PETITION FOR CONTEMPT TO THE PROTHONOTARY: The Plaintiff, Jason G. Folk, is unable to pursue the Custody Modification and Contempt cases filed in this action. Both Petitions are hereby withdrawn. By: Attorney for Plaintiffv 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Supreme Court I. D. No. 25476 Date: January 5, 2011 Respectfully submitted, JASON G. FOLK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2008 - 4850 CIVIL TERM LINDSAY LINK, Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Praecipe was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Theresa Barrett Male, Esq. 513 North Second Street Harrisburg, PA 17101-1058 By: The Honorable J. Wesley Oler, Jr. Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 IRWIN & McKNIGHT, P.C. 60 West Pomfret S eet Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: January 5, 2011 JASON G. FOLK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW = y 7=-n LINDSAY LINK, "',' `-n" Defendant NO. 08-4850 CIVIL TERM IN RE: PETITION TO MODIFY CUSTODY AND PETITION FOR CONTEMPT: ;- - -= r 1 ORDER OF COURT AND NOW, this 6`' day of January, 2011, upon consideration of the Praecipe To Withdraw Petition To Modify Custody and Petition for Contempt, filed in the above matter on January 5, 2011, the hearing scheduled for January 6, 2011, is cancelled. BY THE COURT, Marcus A. McKnight, III, Esq. 60 West Pomfret Street Carlisle, PA 17013 Attorney for Plaintiff /Theresa Barrett Male, Esq. 513 North Second Street Harrisburg, PA 17101-1058 Attorney for Defendant J. aad Ip rc JUL ,x81010 JASON G. FOLK, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V, : N0.2008-4850 CIVIL ACTION -LAW LINDSAY LINK, ~ a Defendant : IN CUSTODY r. ~ ~' ~ ~_. ~ :~ I° ~. r~r~; ~ ORDER OF COURT "' ~ w ~ `~ tiJ ~• ..me. -- AND NOW, this ~ t~ day of T v ~, , 2010, upon ~-.. ~' consideration of the attached Custody Conciliation eport, it is arlered and di rect~d ash- follows: 1. A Hearing is scheduled in Court Room No. ~_, of the Cumberland County Court House, on the day of _L~~tev , 2010, at $ /: 3 d o'clock, ~. M., at which time testimony will be taken. For purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Order of Court dated February 5, 2009 of the Honorable J. Wesley Oler, Jr. shall remain in full force and effect with the following modification. 3. Paternal Grandmother shall supervise Father's periods of partial physical custody. 4. 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 COURT, J. esley Oler, J J. Ycc: Marcus A. McKnight, III, Esquire, Counsel or Father / Theresa Barrett Male, Esquire, Counsel for Mother CUPi~S n1a.~~~e0( 7~13/i0 ~~ JASON G. FOLK, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2008-4850 CIVIL ACTION -LAW LINDSAY LINK, Defendant : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Brianna E. Folk August 15, 2001 Mother 2. A Conciliation Conference was held July 8, 2010 with the following individuals in attendance: The Father, Jason G. Folk, with his counsel, Marcus A. McKnight, III, Esquire, and the Mother, Lindsay Link, with her counsel, Theresa Barrett Male, Esquire. 3. Father's position on custody is as follows: Father seeks shared legal and partial physical custody on alternating weekends. Father has filed both a Petition to Modify and a Contempt Petition, alleging that Mother has withheld the child from him during his periods of partial physical custody as set forth in the prior Order. Father is also seeking reasonable attorney fees if Mother is found to be in contempt. 4. Mother's position on custody is as follows: Mother seeks shared legal and primary physical custody, with Father having supervised visitation with his mother acting as the supervisor. Mother asserts that Father has failed to exercise all of his periods of custody and that he has four criminal charges pending involving drug issues. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and entering an Order of Court modifying the prior Order to allow for Father's periods of partial physical custody to be supervised. It is expected that the Hearing will require one-half day. ~~~~ ~ V Date acq line M. Verney, Esquire Custody Conciliator