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HomeMy WebLinkAbout08-5503NANNETTE DOWELL, PLAINTIFF VS. ROBERT DOWELL, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA NO. &,ie, 53-6 3 CIVIL TERM : CIVIL ACTION -LAW : IN CUSTODY NOTICE TO DEFEND AND CLAIM RIGHT'S You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money, property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle PA 17013 (717) 249-3166 1-800-990-9108 NANNETTE DOWELL, PLAINTIFF VS. ROBERT DOWELL, DEFENDANT COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, NANNETTE DOWELL, by and through her counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and files this Complaint for Custody upon a cause of action of which the following is a statement: 1. The Plaintiff (hereinafter sometimes referred to as "Mother") is NANNETTE DOWELL, who currently resides at 1958B Fry Loop Avenue, Carlisle, Cumberland County, Pennsylvania, 17013. 2. The Defendant (hereinafter sometimes referred to as "Father") is ROBERT DOWELL, who currently resides at 92 Beagle Club Road, Carlisle, Cumberland County, Pennsylvania, 17013. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA No. 0V_ 5 S 0 3 CIVIL TERM : CIVIL ACTION -LAW : IN CUSTODY 3. Plaintiff seeks Shared Legal and Shared Physical Custody of the following children: Name Present Residence Date of Birth CHELSEA DOWELL MAKENZIE DOWELL 1958B Fry Loop Avenue Carlisle, PA 1958B Fry Loop Avenue Carlisle, PA March 6, 1993 November 14, 2001 4. The children were born during the parties' marriage. 5. Physical custody of the children is presently shared between Plaintiff, who resides at 1958B Fry Loop Avenue, Carlisle, Cumberland County, Pennsylvania, 17013, and the Defendant, who resides at 92 Beagle Club Road, Carlisle, Cumberland County, Pennsylvania, 17013. 6. Since birth the children have resided with the following persons at the following addresses: PERSONS ADDRESS DATES Plaintiff and Defendant 92 Beagle Club Road January 2003 to January, 2007 Carlisle, PA (The parties Share Physical Custody of the Children since January, 2007.) Plaintiff 1958B Fry Loop Avenue January, 2007 to Present Carlisle, PA Defendant 92 Beagle Club Road January 2007 to Present Carlisle, PA 7. The Mother of the children is the Plaintiff, Nannette Dowell, who currently resides at 1958B Fry Loop Avenue, Carlisle, Cumberland County, Pennsylvania, 17013. Father and Mother are divorced. 8. The Father of the children is the Defendant, Robert Dowell, who currently resides at 92 Beagle Club Road, Carlisle, Cumberland County, Pennsylvania, 17013. 9. The relationship of the Plaintiff, Nannette Dowell, to the children is that of the Natural Mother. Mother resides at 1958B Fry Loop Avenue, Carlisle, PA 17013. 10. The relationship of the Defendant, Robert Dowell, to the children is that of the Natural Father. Father resides at 92 Beagle Club Road, Carlisle, PA 17013. 11. The Plaintiff does not know of a person not a parry to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 12. Plaintiff has not participated as a parry in any prior custody agreement concerning the custody of the children in any other court in Pennsylvania. 13. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth at this time. 14. The best interests and permanent welfare of the children will be served by granting the relief requested because: A. The parties only have the limited custody agreement contained within their marital settlement agreement, which is not sufficient to address many of the issues Mother and Father encounter regarding their children; B. Mother has great love and concern for the children and would like a specific custody agreement to insure the children do not get caught in the disagreements of their parents. 15. 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 a party to this action. WHEREFORE, Plaintiff, NANNETTE DOWELL, requests this Honorable Court award the Plaintiff, NANNETTE DOWELL and the Defendant, ROBERT DOWELL, SHARED LEGAL CUSTODY and SHARED PHYSICAL CUSTODY of the parties' minor children, CHELSEA DOWELL and MAKENZIE DOWELL. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Dated: September 1.6 2008 Counsel for Plai }J` PA I.D. # 64998 4010 Glenfinnan ace Mechanicsburg PA 17055 (717) 724-2278 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of his knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. D DATED: LA - NANNETTE DOWELL r c? ? ?b ? ? J?. ?' ? ?t ?l `. Q'' ?..,? ?' v ? _ ? a ? ' (?` i.n++ ` ? b , ? ?._ 1°-, r._7 3 .x,„1 ? .+ • V ^ \? l? ?^ ? ff r? l1 M1 q /h? ?i NANNETTE DOWELL IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT DOWELL DEFENDANT 2008-5503 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Monday, September 22, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, October 30, 2008 at 10:00 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: /s/ John. Mangan, r. 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 . -Z ..{'{ VVV41 30 £?, b ;?O-E 30- -b i NOV 0 7 2008 NANNETTE DOWELL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-5503 CIVIL ACTION LAW ROBERT DOWELL, IN CUSTODY Defendant ORDER OF COURT AND NOW this tj It day of November 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: a°a 9 1. A Custody Hearing is hereby scheduled on the day of at 1:30 wpm in Courtroom number _L in inu Cumberland County Co of Common Pleas, Carlisle, PA 17013 at which time testimony will be taken in regard to the physical custody for the subject Children. 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. Legal Custody: The Father, Robert Dowell, and the Mother, Nannette Dowell, shall have shared legal custody of Chelsea Dowell, born 03/06/1993 and Makenzie Dowell, born 11/14/2001. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of 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. 3. Physical Custody: Mother and Father shall share physical custody of the Children as follows: a. Commencing 10/31/08, in week one, Mother shall have physical custody of the Children from Friday evening until Monday morning. Father shall then have physical custody of the Children from Monday evening until Wednesday morning. Mother shall then have custody from Wednesday until Friday evening. b. In week two, Father shall have physical custody of the Children from Friday evening until Monday morning. Mother shall then have physical custody of the Children from Monday evening until Wednesday morning. Father shall then have physical custody from Wednesday until Friday evening. C. Mother and Father may alter said schedule as agreed in such a manner as necessary or proper with the focus on the Children's best interest. 'UN, "n" LS '-Z hM'MZ 3KI -40 4. Counseling: The parties have agreed to engage Chelsea in individual counseling. Furthermore, the parties have agreed and are directed to engage in therapeutic family counseling to address co-parenting issues with a mutually-agreed upon professional. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 5. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. 6. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. 7. Each parent shall have two non-consecutive weeks of vacation with the Children per year. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 8. In the event the custodial parent should take the Children out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 9. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 10. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 11. During any periods of custody or visitation, the parties shall not possess or use non-prescribed controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 12. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. By the Court, Distribution: Carol Lindsay, Esquire Susan Candiello, Esquire John J. Mangan, Esquire HOLIDAYS AND SPECIAL DAYS TEWES EVEN YEARS ODD YEARS Easter Da From 9 am until 9 m Mother Father Memorial Da From 9 am until 9 m Father Mother Independence Da From 9 am until 9 pm Mother Father Labor Da From 9 am until 9 m Father Mother Thanksgiving From 9 am until 9 m Mother Father Christmas 1St Half From noon on 12/24 to noon on 12/25 Father Mother Christmas 2" Half From noon on 12/25 to noon on 12/26 Mother Father New Year's From 6 pm 12/31 until noon January 1St (with the 12/31 year to control the even/odd determination) Father Mother Mother's Da From 9 am until 9 m Mother Mother Father's Da From 9 am until 9 m Father Father NANNETTE DOWELL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-5503 CIVIL ACTION LAW ROBERT DOWELL, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVII, 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: Name Date of Birth Currently in the Custody of Chelsea Dowell 03/06/1993 Shared Mother and Father Makenzie Dowell 11/14/2001 Shared Mother and Father 2. A Conciliation Conference was held with regard to this matter on October 30, 2008 with the following individuals in attendance: The Mother, Nanette Dowell, with her counsel, Susan Candiello, Esq. The Father, Robert Dowell, with his counsel, Carol Lindsay, Esq. 3. Father's position on custody is as follows: Father requests primary physical custody of both Children. Father indicates that Chelsea primarily would like to live with him and that the relationship between Mother and Chelsea is strained. Father indicates that Mother's home environment is stressful to the Children. Father avers that he would be better able to provide primary care of the Children. Both parents agreed to a holiday and vacation schedule and agreed in theory to attend counseling. Father indicates that he's agreeable to "co-parenting" counseling rather than "therapeutic family counseling" and does not feel that the professional chosen should be testifying as a witness at the custody hearing. 4. Mother's position on custody is as follows: Mother desires a set custody schedule and is willing to arrange custody in a shared manner equally between Mother and Father. Mother indicates that the Children are doing well in school and are adjusted. Mother acknowledges that her relationship with Chelsea can be strained at times, but feels that this is more of an issue with the age of Chelsea. Mother indicates that the older Child manipulates both parents against each other. Mother indicates that Father is too lenient with the Children, in that Father "enables" the Children. Mother indicates that the Children are used to the current custody schedule. Mother indicates that she thinks therapeutic family counseling would be a good idea and also wants Chelsea in individual counseling. Mother would have preferred coming back to conciliation after counseling has taken place 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and entering an Order of Court as outlined. It is the Conciliator's belief that this would be in the Children's best interest. It is expected that the Hearing will require one half day. 6. The proposed recommended Order may contain a requirement that the parties file a pre-trial memorandum with the Judge to whom the matter has been assigned. Date John J. g , Esquire Custody (Co iliator BARRY WHISTLER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-5503 LISA M. GREASON, : CIVIL ACTION - LAW Defendant : IN CUSTODY ACCEPTANCE OF SERVICE I, Bradley L. Griffie, Esquire, do hereby accept service of the Order of Court and Petition to Modify Existing Custody Order in the above-captioned custody action. I certify that I am authorized to accept service on behalf of my client, Lisa M. Greason, Defendant, therein. Date: J -Z' (i jo? 39``? (iril ,Esqu ire A ey for efendant Griffie & ssociates 200 North Hanover Street Carlisle, PA 17013 re NANNETTE DOWELL, PLAINTIFF VS. ROBERT DOWELL, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA NO. 08-5503 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY MOTION TO CONTINUE AND RE-SCHEDULE AND NOW, comes the Plaintiff, NANNETTE DOWELL, by and through her counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and files this Motion to Continue and Re-schedule and in support thereof, respectfully represents the following: The Plaintiff (hereinafter sometimes referred to as "Mother") is NANNETTE DOWELL, who currently resides at 1958B Fry Loop Avenue, Carlisle, Cumberland County, Pennsylvania, 17013. 2. The Defendant, (hereinafter sometimes referred to as "Father") is ROBERT DOWELL, who currently resides at 92 Beagle Club Road, Carlisle, Cumberland County, Pennsylvania, 17013. 3. A hearing was scheduled at Father's request for February I Vh at 9:00 a.m. 4. The present custody order states the daughter, Chelsea shall engage in counseling and the parents shall engage in co-parenting counseling. This has not yet occurred. The parties have agreed to begin this counseling. 5. The parties are requesting additional time to attend and engage in counseling and hopefully derive benefits from the counseling, before the hearing is scheduled. 6. Father's counsel joins in requesting this hearing be continued and rescheduled until the parties have had the opportunity to engage in counseling. WHEREFORE, Plaintiff, NANNETTE DOWELL, requests the hearing be continued and rescheduled. Dated: February , 2009 LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Susan Kay Candiel? Counsel for Plaintlff, PA I.D. # 64998 4010 Glenfinnan Place Mechanicsburg PA 17055 (717) 724-2278 NANNETTE DOWELL, : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 08-5503 CIVIL TERM ROBERT DOWELL, CIVIL ACTION -LAW DEFENDANT IN CUSTODY CERTIFICATE OF SERVICE I, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, attorney for the Plaintiff, Nannette Dowell, hereby certify I have served a copy of the foregoing Motion to Continue and Re-Schedule on the following date and in the manner indicated below: U.S. First Class Mail, Postage Pre-Paid Carol J. Lindsay, Esquire Saidis, Flower and Lindsay 26 West High Street Carlisle, PA 17013 Date: February , 2009 Susan Kay C 4010 Gle Mechanics Telephone No: PA J7055 G n S _._ 0 FEE)- _ _?? ?V NANNETTE DOWELL, PLAINTIFF VS. ROBERT DOWELL, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA NO. 08-5503 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY ORDER AND NOW, this day of 2009, upon consideration of the attached petition, it is hereby directed the hearing scheduled for the 1 l b of February, 2009, at 9:00 a.m. is continued and rescheduled for 6n 2009 at V'/ or -P-.m. in the Courtroom Number / of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT: J. r- o c a -- a-. .7 1 J-27 [L` 7 cr' C-A 0 NANNETTE DOWELL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW ROBERT DOWELL, Defendant NO. 08-5503 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this 7`h day of April, 2009, a further period of hearing in the above matter is scheduled for Wednesday, August 19, 2009, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, ,,,, san Kay Candiello, Esq. 4010 Glenfinnan Place Mechanicsburg, PA 17055 Attorney for Plaintiff arol J. Lindsay, Esq. 26 West High Street Carlisle, PA 17013 Attorney for Defendant :rc ANVAWNN?d A l ? S 1 r1h. ?T } C ? :al WV 9- AN 680Z AUViQ vQ ii d 3HI dC ^t-?O?JY I NANETTE DOWELL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW ROBERT DOWELL, Defendant NO. 08-5503 CIVIL TERM ORDER OF COURT AND NOW, this 4th day of May, 2009, upon consideration of the Plaintiff's complaint for custody with respect to the parties' children, Chelsea Dowell (date of birth March 6, 1993) and Makenzie Dowell (date of birth November 14, 2001), and following an initial period of hearing which has not yet been completed, the record shall remain open and counsel are requested to contact the Court's secretary for purposes of scheduling a further day of hearing. It is noted that at the time of adjournment on today's date, Defendant had testified and Plaintiff was in the process of testifying and was being subjected to direct examination by her counsel. Both parties have reserved the right to call additional witnesses in this case. It is noted further that at the time of adjournment on today's date, Defendant's Exhibits 1, 2, 3, 4, and 5 had been identified and admitted, and Plaintiff's Exhibit 1 had been identified and admitted. No other exhibits had been identified or admitted. Counsel for the Defendant has requested that the notes of the Plaintiff's testimony thus far be transcribed and filed. Neither counsel has requested that any other parts of the testimony be transcribed or filed. The Court may, or may not, enter an interim order based upon the testimony presented on today's date. In the absence of such an interim order, and pending further hearing and order of 40 Court, the terms of the order of Court dated November 11, 2009, shall remain in full force and effect. Carol J. Lindsay, Esquire 26 W High Street Carlisle, PA 170132922 For the Plaintiff Susan Kay Candiello, Esquire 4010 Glenfinnan Place Mechanicsburg, PA 17055 For the Defendant pcb By the Court, 11,r f1 6601 JTH NANNETTE DOWELL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW ROBERT DOWELL, Defendant NO. 08-5503 CIVIL TERM IN RE: CUSTODY BEFORE OLER, J. INTERIM ORDER OF COURT AND NOW, this 20th day of August, 2009, upon consideration of Plaintiff's Complaint for Custody, with respect to the parties' children, Chelsea Dowell (d.o.b. March 6, 1993) and Makenzie Dowell (d.o.b. November 14, 2001), and following a hearing held on May 4, 2009, and August 19, 2009, which has not yet been completed, it is ordered and directed as follows, pending further hearing and order of court: 1. With respect to Makenzie Dowell, the terms of the order of court dated November 11, 2008, shall remain in full force and effect; 2. With respect to Chelsea Dowell, a. Legal custody of the child shall be shared by the parties; b. Primary physical custody of the child shall be in Defendant, the father; c. Temporary or partial physical custody of the child shall be in the Plaintiff, the mother, on alternating weekends from Friday evening until Monday morning, to coincide with the weekend custodial periods with Makenzie Dowell; d. The non-custodial parent shall have liberal telephone contact with the child on a reasonable basis; e. Holidays: The parents shall arrange the holiday schedule as attached to the order of court dated November 11. 2008, consistent with the schedule as to Makenzie; f. Each parent shall have two non-consecutive weeks of vacation with the child per year, consistent with the arrangement as to Makenzie and subject to the terms C applicable to vacations with McKenzie as set forth in paragraph 7 of the order of court dated November 11, 2008; g. In the event the custodial period should take the child out of the state, the custodial parent shall notify the non- custodial parent within 24 hours of departure of the intended destination and a telephone number at which he or she can be reached; h. Neither party may say or do anything that may estrange the child from the other party or injure the opinion of the child as to the other party, or may hamper the free and natural development of the child's love or affection for the other party. To the extent possible, both parties shall not call third parties to disparage the other parent in the presence of the child; i. In the event of a medical emergency, the custodial party shall notify the other party as soon as practicable after the emergency is handled; j. During any periods of custody or visitation, the parties shall not possess or use non-prescribed controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure to the extent possible, that other household members and/or guests comply with the provision. 3. Nothing herein is intended to preclude the parties from deviating from the terms of this order by mutual agreement. Susan Kay Candiello, Esq. 4010 Glenfinnan Place Mechanicsburg, PA 17055 Attorney for Plaintiff - Carol J. Lindsay, Esq. 26 W. High Street Carlisle, PA 17013 Attorney for Defendant BY THE COURT/? J. Wesley Oler, J. .SLED- .:r'r.. OF THEE 2009 A U G 20 PH 2• mow- i. •% NANETTE DOWELL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW ROBERT DOWELL, Defendant 08-5503 CIVIL TERM IN RE: RECORD TO REMAIN OPEN ORDER OF COURT AND NOW, this 19th day of August, 2009, upon consideration of Plaintiff's Complaint for Custody with respect to the parties' children, Chelsea Dowell (date of birth, March 6, 1993) and Mackenzie Dowell (date of birth, November 14, 2001), and following a second period of hearing, which has not yet been completed, the record shall remain open, and counsel are requested to contact the Court's secretary for purposes of scheduling a further period of hearing. It. is noted that at the time of adjournment on today's date that Plaintiff was subjecting Defendant's witness, Vanessa Cassell to Cross Examination. It is noted further that at the time of adjournment on today's date Defendant's Exhibits 1, 2, 3, 4, 5, and. 7 had been identified and admitted, and Plaintiff's Exhibits 1 and 2 had been identified and admitted. No other exhibits had been identified or admitted. The Court will in the near future enter an interim order in this case pending a final custody order. Neither counsel has requested that a copy of the notes of testimony from today's proceeding be transcribed and filed. By the Court, r Jam. J. Wesley Oler Jr., J. -m /Susan Kay Candiello, Esquire 4010 Glenfinnan Place Mechanicsburg, PA 17055 For Nanette Dowell Carol J. Lindsay, Esquire 26 West High Street Carlisle, PA 17013 For Robert Dowell mae (2oPtFS en?-L I OF nr THE F---Dl•,..,.-?n? r '. ,? ,CRY 2009 A U G 20 AM i i . i PEI , NANNETTE DOWELL, Plaintiff V. ROBERT DOWELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-5503 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this 21" day of August, 2009, a cancellation having occurred in the court's schedule, a further period of hearing in the above matter is scheduled for Thursday, August 27, 2009, at 1:30 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. ." Susan Kay Candiello, Esq. 4010 Glenfinnan Place Mechanicsburg, PA 17055 Attorney for Plaintiff arol J. Lindsay, Esq. 26 W. High Street Carlisle, PA 17013 Attorney for Defendant BY THE COURT Cf THc P "' .,,r N() ARY 2009 AUG 21 ti' 2; ar NANNETTE DOWELL, Plaintiff V. ROBERT DOWELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-5503 CIVIL TERM IN RE: CUSTODY BEFORE OLER, J. ORDER OF COURT AND NOW, this 28th day of August, 2009, upon consideration of Plaintiffs Complaint for Custody, with respect to the parties' children, Chelsea Dowell (d.o.b. March 6, 1993) and Makenzie Dowell (d.o.b. November 14, 2001), and following a hearing held on May 4, 2009, August 19, 2009, and August 27, 2009, the interim order of court dated August 20, 2009, is entered as a final order. Ausan Kay Candiello, Esq. 4010 Glenfinnan Place Mechanicsburg, PA 17055 Attorney for Plaintiff /arol J. Lindsay, Esq. 26 W. High Street Carlisle, PA 17013 Attorney for Defendant BY THE COURT, OF THE 2009 AUG 28 PM 2: 5b NANETTE DOWELL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW ROBERT DOWELL, Defendant 08-5503 CIVIL TERM IN RE: COMPLAINT FOR CUSTODY ORDER OF COURT AND NOW, this 27th day of August, 2009, upon consideration of Plaintiff's Complaint for Custody with respect to the parties' children, Chelsea Dowell (date of birth, March 6, 1993) and Mackenzie Dowell (date of birth, November 14, 2001), and following a hearing held on May 4, 2009, August 19, 2009, and August 27, 2009, the record is declared closed, and the matter is taken under advisement. Pending further Order of Court, the interim Order of Court dated August 20, 2009, shall remain in full force and effect. /san Kay Candiello, Esquire 4010 Glenfinnan Place Mechanicsburg, PA 17055 For Nanette Dowell rol J. Lindsay, Esquire 26 X West High Street Jt Carlisle, PA 17013 For Robert Dowell mae By the Court, FILED-O=FICE OF Tf IE P (71.14NOTAPY 2009 AUG 20 PM 2: 03 CUP Y _.t,)vJ T ?f44 JF ??'?