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HomeMy WebLinkAbout04-1476REBEKAH SEAUX, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION -LAW JASON SEAUX, 0, NO. CJ7 " / 4/ 7 ?o L r,l Defendant IN CUSTODY NOTICE 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 have been served. To defend against the aforementioned claims, a written appearance stating your defenses and objections must be entered and filed in writing by you, the Defendant, or by an attorney. You are warned that if you fail to take action against these claims, the court may proceed without you and a judgment for any money claimed in the complaint or for another claim required by the Plaintiff may be entered against you in Court without further notice. 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. LAWYER REFERRAL SERVICE 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 NOTICIA Le ban demandado a usted en In corte. Si usted quiere defenderse de estas demandas eapuastas en Ins paginas siguientes, usted tiene viente (20) dias de plazo al partir de In fecba de In demanda y In notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a Ins demandas en contra de su persona. Sea avisdao que si usted no se defiende, In corte tomara medidas y puede entrar una orde contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en In peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO 07MEDIAMENTE. SI NO TIENNE ABOGAD O SI NO TIENNE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONE A LA OFICINA CUYA PUEDA CONSEGUIR ASSISTENCIA LEGAL: LAWYER REFERRAL SERVICE 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Date: 4-.5--w Darrell C. Dethlefs, Esquire Law Office of Darrell C. Dethlefs Attorney I.D. 58805 3805 Market Street Camp Hill, PA 17011 (717) 975-9446 REBEKAH SEAUX, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION - LAW JASON SEAUX, NO. o 1'`?7b Defendant IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, this 5A- day of -41wi( , 2004, comes Plaintiff, Rebekah Seaux, by and through her attorney, The L*w Office of Darrell C. Dethlefs in support of her custody complaint avers the following: 1. The Plaintiff, Rebekah Seaux, is an adult individual with a residence located at 201 Denison Drive, Dauphin, Pennsylvania 17018. 2. Defendant, Jason Seaux, is an adult individual with an unknown address in Carlisle, Pennsylvania, 17013. 3. Plaintiff and Defendant are the natural parents of Briana Leigh Seaux, born December 8, 1999. 4. Plaintiff and Defendant were married on February 19, 1998 in Newville, Pennsylvania. 5. From birth until April 1, 2003, the child here resided with Plaintiff and Defendant. 6. Since April 1, 2003 until the present, the child here resided with Plaintiff with visitation with father three days weekly. 7. On or about Friday, April 2, 2004, Defendant was evicted from his residence located at 264 South Hanover Street, Apartment 3, Carlisle, PA 17013. 8. Defendant is without a permanent residence. Defendant is living temporarily with friends. 9. On or about Friday, April 2, 2004, Defendant was terminated from his employment at Manpower, Inc. 10. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldier's and Sailor's Civil Relief Act of 1940 or any amendments thereto. 11. Plaintiff and Defendant are citizens of the United States of America. 12. The best interest in the permanent welfare of the child will be served by granting full physical custody to the Plaintiff, Rebekah Seaux. WHEREFORE, Plaintiffs request that the Court grant full physical custody of the child to Plaintiff, Rebekah Seaux. Darrell C. Dethlefs, Esquire Attorney ID # 58805 Law Office of Darrell C. Dethlefs 3805 Market Street Camp Hill, PA 17011 (717) 975-9446 ATTORNEY FOR THE PLAINTIFF REBEKAH SEAUX, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. JASON SEAUX, : CIVIL ACTION -LAW . NO. Defendant : IN CUSTODY VERIFICATION I hereby verify that the statements of fact made in the foregoing Complaint for Custody, are true and correct to the best of my knowledge, information and belief I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C. S. Section 4904, relating to unswom falsification to authorities. Date: Al-,674:5W/' QL? Rebe eaux `? //? f1 W ? N ? ? °u '"- ?. -. ,(\ 1, V ,. --.1 .? <.? ,:. ?? ?' REBEKAH SEAUX IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 04-1476 CIVIL ACTION LAW JASON SEAUX IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday April 16, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before _ Dawn S. Sunday, Esq. the conciliator, at 39 West Main Street Mechanicsburg, PA 17055 on Wednesday, May 12, 2004 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S Sunda!; , Esq.mhc 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 ho.oCh ?o Pnh • ' h"' 7 0 r MAY 1 7 2004 REBEKAH SEAUX IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 04-1476 CIVIL ACTION LAW JASON SEAUX Defendant IN CUSTODY ORDER OF COURT AND NOW, this /8r day of ma» , 2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall participate in a course of co-parenting counseling with a professional to be selected by agreement. The purpose of the counseling shall be to assist the parties in establishing sufficient communication and cooperation to enable them to effectively co-parent their Child. Within thirty days of the date of this Order, the Mother shall provide information concerning applicable insurance coverage for the counseling to the Father, the parties shall select a counselor by agreement and shall contact the counselor to schedule the initial counseling session. All costs of the counseling which are not covered by insurance shall be shared equally between the parties. The parties agree to keep the interests of the Child as their main priority in the counseling and to commit themselves fully to the success of the counseling process. 2. Pending the additional custody conciliation conference scheduled in this Order, the Mother shall have primary physical custody of the Child and the Father shall have partial physical custody of the Child at the maternal grandmother's residence every week from Sunday at 12:00 noon through Tuesday before school. The parties shall cooperate in scheduling additional periods of custody for the Father by agreement. The Father shall be entitled to pick up the Child at school on Mondays and as otherwise agreed between the parties. 3. The non-custodial parent shall have liberal reasonable telephone contact with the Child. 4. The parties and counsel shall attend an additional custody conciliation conference in the office of the conciliator, Dawn Sunday, on Tuesday, August 17, 2004 at 10:30 am. 5. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. W 6. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: e'Ivlichael Pykosh, Esquire - Counsel for Mother VJ'ason Seaux, Father V? 05-19-0`? REBEKAHSEAUX Plaintiff VS. JASON SEAUX Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-1476 CIVIL ACTION LAW IN CUSTODY 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 Briana Leigh Seaux December 8, 1999 Mother 2. A Conciliation Conference was held on May 12, 2004, with the following individuals in attendance: The Mother, Rebekah Seaux, with her counsel, Michael Pykosh, Esquire. The Father, Jason Seaux, participated in the conference by telephone and is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator AUG 2 5 i"^ REBEKAHSEAUX Plaintiff VS. JASON SEAUX Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-1476 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this Z6` day of _ Q?F&-g0v 2004, consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: upon 1. The prior Order of this Court dated May 18, 2004 is vacated and replaced with this Order. 2. The Mother, Rebekah Seaux, and the Father, Jason Seaux, shall have shared legal custody of Briana Leigh Seaux, born December 8, 1999. 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 this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 3. The Mother shall have primary physical custody of the Child. 4. Unless otherwise agreed between the parties, the Father shall have partial physical custody of the Child every Sunday from 12:00 noon until 6:00 p.m. The parties shall exchange custody of the Child in front of the residence located at 223 South Hanover Street in Carlisle. 5. The Father shall be entitled to contact the Child up to one time per day (except for emergencies) by telephone only between the hours of 6:00 p.m. and. 8:00 p.m. The Father shall contact the Mother's residence by telephone only for the purpose of speaking with the Child, discussing issues related to the custody schedule or in the event of an emergency. The Father shall refrain from using vulgar or inappropriate language in telephone voice mail messages. 6. The Father may file a petition with the Court to request the scheduling of an additional custody conciliation conference, if necessary to address proposed changes to the custody schedule. BY THE COURT, 5 &,-?/ Hess J, cc: Michael J. Pykosh, Esquire - Counsel for Mother Jason Seaux, Father F- d 7- ©y . t.<t S-a7-oy WWA'USNN3d AiNnoo n .rfiH3ewno 91 .1 Hd 9Z 9nv woo Atld10NM dd 3NL1 d0 301-L40-CGIIJ REBEKAHSEAUX Plaintiff VS. JASON SEAUX Defendant Prior Judge: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-1476 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT ACCO PROCEDURE11915 3-8, the undersigned Custody Conciliator rssubmitss the following Lepo OF CIVIL follows: I. The pertinent information concerning the Child who its the subject of this litigation is as NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Briana Leigh Seaux December 8, 1999 Mother 2. A conciliation conference was held on August 17, 20041, with the following individuals in attendance: The Mother, Rebekah Seaux, with her counsel, Michael J. Pykosh, Esquire. The Father, Jason Seaux, who is not represented by counsel in this matter, did not attend the conference or contact the conciliator. The present conciliation date and time was scheduled, with both parties present, at the initial conciliation conference on May 12, 2004. 3. This Court previously entered an Order in this matter on May 18, 2004, based upon the parties' agreement at a prior conciliation conference. Under the prior Order, the parties were to participate in a course of co-parenting counseling, the Mother had primary physical custody of the Child, and the Father had partial custody every week at the paternal grandmother's home from Sunday through Tuesday. A follow-up conciliation conference was also scheduled in the Order. 4. At the conference, the Mother stated that she went to the scheduled co-parenting counseling session with Sally Rooney on July 6, 2004 but the Father failed to attend. The Mother advised that she sent a letter to the Father requesting that he reschedule the counseling session but to date he has not done so. The Mother stated that she was certain that the Father no longer resides with the paternal grandmother although the Father has adamantly refused to reveal his current residence. As she does not know where the Father currently resides, the Mother transports the Child to and from the paternal grandmother's residence for the Father's periods of custody. The Mother stated that the Father did not exercise his right to the periods of custody which he had under the prior Order and usually just saw the Child for a few hours on Sundays. According to the Mother, the paternal grandmother expressed concern that the grandmother was providing care for the Child during what should have been the Father's custodial periods. The Mother further expressed concern that the Father had been recently criminally charged with stalking, terroristic threats, and harassment (not in connection with the Mother or the Child). The Mother stated that she is unable to contact the Father on an ongoing basis because he has no telephone, no residence and no employer. 5. Based upon the representations made by the Mother at the conference and the fact that the Father did not attend the conference or contact the conciliator, the conciliator recommends an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator REBEKAH SEAUX, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JASON SEAUX, No. 04-J *7T CIVIL TERM Defendant IN CUSTODY PETITION TO MODIFY CUSTODY 1. Petitioner is Jason Seaux who resides at 351 East Louther Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Respondent is Rebekah Seaux who resides at 408 Walnut Street, Boiling Springs, Cumberland County, Pennsylvania 17007. 3. On August 26, 2004, the Honorable Kevin A. Hess entered the Custody Order attached as Exhibit "A". 4. Since the entry of said Order, there has been a significant change in circumstances in that: a. The Petitioner has had 50/50 custody of the child since December 2006. b. The Mother is threatening to leave the state with the child. 5. The best interest of the child will be served by the Court in modifying said Order. WHEREFORE, Plaintiff prays this Court to grant the modification of the Custody Stipulation and Court Order of August 1, 1996 as follows: Petitioner is granted primary physical custody of Jeannette and Samantha Hockley with Mother has periods of partial physical custody. Respectfully submitted, Rominger & Associates Date: January 15, 2008 7 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant REBEKAH SEAUX, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JASON SEAUX, No. 04-1479 CIVIL TERM Defendant IN CUSTODY VERIFICATION I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. o" f Jason Seaux, Defendant REBEKAH SEAUX, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW JASON SEAUX, No. 04-1479 CIVIL TERM Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Defendant, Jason Seaux, do hereby certify that I this day served a copy of the Petition to Modem Custody upon the following by First Class Mail delivery at Carlisle, Pennsylvania, addressed as follows: Ay /7?a Rebekah Seaux 408 Walnut Street Boiling Springs, Pennsylvania 17007 Date: January 15, 2008 Respectfully submitted, Rominger & Associates Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant AUG 2 5 REBEKAH SEAUX IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 04-1476 CIVIL ACTION LAW JASON SEAUX Defendant IN CUSTODY ORDER OF COURT AND NOW, this Z&- day of elw"&- , 2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated May 18, 2004 is vacated and replaced with this Order. 2. The Mother, Rebekah Seaux, and the Father, Jason Seaux, shall have shared legal custody of Briana Leigh Sc=, born December 8, 1999. 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 this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 3. The Mother shall have primary physical custody of the Child. 4. Unless otherwise agreed between the parties, the Father shall have partial physical custody of the Child every Sunday from 12:00 noon until 6:00 p.m. The parties shall exchange custody of the Child in front of the residence located at 223 South Hanover Street in Carlisle. 5. The Father shall be entitled to contact the Child up to one time per day (except for emergencies) by telephone only between the hours of 6:00 p.m. and 8:00 p.m. The Father shall contact the Mother's residence by telephone only for the purpose of speaking with the Child, discussing issues related to the custody schedule or in the event of an emergency. The Father shall refrain from using vulgar or inappropriate language in telephone voice mail messages. 6. The Father may file a petition with the Court to request the scheduling of an additional custody conciliation conference, if necessary to address proposed changes to the custody schedule. BY THE COURT, A. Hess J. cc: Michael J. Pykosh, Esquire - Counsel for Mother F_ -Z 7_ O Y Jason Seaux, Father as .7....-aN 1 11 FllK?OU OF RE PPOTNO UPY 200+ AUG 26 PH 1: 16 CUMBEFLMD COUMY PDM** VAW W c ?+X °r t +` G c ?l f i l:.J Ul -77 ?J ;s= _.t3 REBEKAH SEAUX, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-1476 JASON SEAUX, : CIVIL ACTION - LAW Defendant : IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDER AND RELOCATION 1. The Plaintiff/Petitioner is Rebekah Seaux, hereinafter referred to as Mother, an adult individual who currently resides at 408B Walnut Street, Boiling Springs, Cumberland County, PA 17007. 2. The Defendant/Respondent is Jason Seaux, hereinafter referred to as Father, an adult individual who resides at 351 E. Lowther Street, Carlisle, Cumberland County, Pennsylvania, 17013. 3. The parties are the natural parents of Briana Leigh Seaux, born December 8, 1999. 4. An Order of Court was entered on August 26, 2004, giving the parties shared legal custody of the child, with Mother having primary physical custody of the child. Said Order is attached hereto as Exhibit A. 5. Mother has been unable to secure adequate full-time employment in the Harrisburg area and desires to relocate with the child to Virginia where her parents reside. 6. Mother will be able to reside with her parents and with the child and will be able to resume her college education, while her parents help with childcare, something Mother has been unable to do on her own in Harrisburg. 7. Mother offered liberal periods of partial physical custody to Father as per the terms of the attached (Exhibit B) Stipulation for Custody Modification. WHEREFORE, Mother requests that this Honorable Court issue an Order in accordance with the Stipulation for Modification of Custody Order, attached as Exhibit B and permit Mother to relocate to Virginia with the child. Respectfully Submitted, oC.Q? Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 (717) 657-0632 Id. No. 63522 Dated: I to - U ly VERIFICATION I verify that the statements made in the foregoing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. By: Re ek aux Date: 1 /-7 G? EXHIBIT A r AUC 2 5 2004 REBEKAH SEAUX Plaintiff vs. JASON SEAUX Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-1476 IN CUSTODY ORDER OF COURT CIVIL ACTION LAW AND NOW, this day of Q4,, 2004, upon consideration of the attached Custody Conciliation Rep rt, it is ordered and directed as follows: 1. The prior Order of this Court dated May 18, 2004 is vacated and replaced with this Order. 2. The Mother, Rebekah Seaux, and the Father, Jason Seaux, shall have shared legal custody of Briana Leigh Seaux, born December 8, 1999. 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 this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 3. The Mother shall have primary physical custo:7.y of the Child. 4. Unless otherwise agreed between the parties, the Father shall have partial physical custody of the Child every Sunday from 12:00 noon until 6:00 p.m. The parties shall exchange custody of the Child in front of the residence located at 223 South Hanover Street in Carlisle. 5. The Father shall be entitled to contact the Child up to one time per day (except for emergencies) by telephone only between the hours of 6:00 p.m. and 8:00 p.m. The Father shall contact the Mother's residence by telephone only for the purpose of speaking with the Child, discussing issues related to the custody schedule or in the event of an emergency. The Father shall refrain from using vulgar cr inappropriate languabe in telephone voice snail mcssages. 6. The Father may file a petition with the Court to request the scheduling of an additional custody conciliation conference, if necessary to address proposed changes to the custody schedule. BY THE COURT, Kevin A. Hess J. cc: Michael J. Pykosh, Esquire - Counsel for Mother Jason Seaux, Father ?l the sal 0( said ' tl &I G:rr s a, Pa. itis `-? _day F'rtlttfOV?l3!?11 EXHIBIT B REBEKAH SEAUX, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-1476 JASON SEAUX, : CIVIL ACTION - LAW Defendant : IN CUSTODY STIPULATION FOR CUSTODY MODIFICATION THIS AGREEMENT, is made and entered into between REBEKAH SEAUX and JASON SEAUX, hereinafter referred to as Mother and Father. The parties are the natural parents of Briana Leigh Seaux, born 12/8/99. The parties desire to enter into an agreement vacating the Custody Order entered by the Court of Common Pleas of Cumberland County on August 26, 2004 and attached as Exhibit A. The parties agree as follows: 1. Mother and Father shall have shared legal custody of the minor child. They shall consult with each other relative to all important decisions concerning the subject minor children, including such matters as health, education and religion. 2. Mother shall have primary physical custody of the child. Father shall have periods of partial physical custody. 3. During the summer vacation, the child shall be with Father from the first full weekend after the end of school until one full week prior to the resumption of school. 4. The holidays of Easter, Memorial Day, Labor Day and Thanksgiving shall be shared as per the agreement of the parties. The child shall always be with Father for the July 4' holiday. 5. Christmas shall be alternated between the parties such that the child shall be with Father every odd year from the beginning of Christmas vacation until the day prior to the resumption of school. 6. Mother shall be permitted to relocate with the child outside the Commonwealth of Pennsylvania. 7. Father shall be able to visit with the child during Mother's custodial periods at any time as long as he gives Mother reasonable notice of his intention to do so. 8. Mother shall be able to visit with the child during Father's custodial periods at any time as long as she gives Father reasonable notice of her intention to do so. 9. The non-custodial parent shall have liberal phone and email access to the child. 10. Transportation shall be shared by the parties in an equal manner. Specific arrangements as to transportation of the child for custodial exchanges shall be agreed upon by the parties in a timely manner. 11. The parties may agree to change the terms of this Custody Stipulation for as long as they both agree to a proposed change. In the event that the parties cannot agree to a change, the terms of this agreement shall prevail. 12. This Stipulation shall be entered as an Order of Court. 2 IN WITNESS WHEREOF, and intending to be bound hereby, the parties have signed and seated this Agreement on the ? day of , 24(O• 61 6 In the presence of: (SEAL) WITNESS Re x (SEAL) WITNESS Jason Seaux 3 o W ig l? d r"a ti.f ? y REBEKAH SEAUX IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JASON SEAUX DEFENDANT 2004-1476 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, January 22, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, February 12, 2008 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 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/ Dawn! S. Sunda Es q. 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 4, 1 Xr ?r s a . Oe, r: IN WIT H101 3Hi -10 f 17114 WY 8 3 200A REBEKAH SEAUX Plaintiff vs. JASON SEAUX Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2004-1476 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this ?v day of e -,, , 2008, upon consideration of the attached Custody Conciliation Report, it s ordered and directed as follows: 1. The prior Order of this Court dated August 26, 2004 is vacated and replaced with this Order. 2. The Mother, Rebekah Seaux, and the Father, Jason Seaux, shall have shared legal custody of Briana Leigh Seaux, born December 8, 1999. Major decisions concerning the Child including, but not necessarily limited to, her health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child 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 possible. In accordance with 23 Pa.C.S.A. §5309, 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 or information given to either party as a parent as authorized by statute. 3. From the date of the custody conciliation conference through February 29, 2008, the parties shall have shared physical custody of the Child in accordance with custody arrangements which the parties had been using at the time of the conference. Beginning February 29, 2008, at the anticipated time of the Mother's relocation to Virginia, the parties shall have custody of the Child as follows: A. During the school year, the Father shall have primary physical custody of the Child and the Mother shall have partial custody on alternating weekends from Friday at 7:00 p.m. through Sunday at 4:00 p.m. B. During the summer school break, the Mother shall have primary physical custody of the Child and the Father shall have custody on his continuing alternating weekends from Friday at 7:00 Iatt? ? 6S- :6 116Z A 14aj0Z AEV,- ? ?N ? jr p.m. through Sunday at 4:00 p.m. The summer custody schedule shall begin with the Mother having custody on her first regularly scheduled alternating weekend after the last day of school, and the school year custody schedule shall begin with the Father having custody one (1) full week before the school year resumes. 4. The parties shall share or alternate having custody of the Child on holidays as arranged by agreement. 5. Unless otherwise agreed between the parties, all exchanges of custody shall take place at a mutually agreeable halfway point between the Father's residence in Pennsylvania and the Mother's residence in Virginia as designated by Mapquest.com. 6. This Order is entered-without prejudice to either party with regard to the status quo of the custodial arrangements in the event either party requests a review of the custody schedule prior to June, 2009. 7. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 8. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: ? Marianne E. Rudebusch, Esquire - Counsel for Mother , Aarl E. Rominger, Esquire - Counsel for Father es rat `tt t,L£GV REBEKAH SEAUX Plaintiff vs. JASON SEAUX Defendant Prior Judge: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2004-1476 CIVIL ACTION LAW IN CUSTODY 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 Briana Leigh Seaux December 8, 1999 Mother/Father 2. A custody conciliation conference was held on February 12, 2008, with the following individuals in attendance: the Mother Rebekah Seaux, with her counsel, Marianne E. Rudebusch, Esquire, and the Father, Jason Seaux, with his counsel, Karl E. Rominger, Esquire. 3. The parties agreed to entry of an Order in the form as attached. It was requested that the conciliator delay submission of the Report and Order pending notification by counsel as to the agreed upon holiday arrangements. The Mother's counsel submitted a proposed holiday schedule on February 21, 2008. Having received no response from the Father or counsel since that time, the proposed Order is being submitted with a general holiday provision rather than a specific schedule. Date Dawn S. Sunday, Esquire Custody Conciliator ?)Ziek-ck `h4EAUX Plaintiff vs. R*H SEAUX Defendant IN ' IMACOURT OF COMMON PLEAS OF CUI BLAND COUNTY, PENNSYLVANIA 2004-1476 CIVIL ACTION LAW IN CUSTODY Petition for Special Relief Petitioner is Jason Seaux, who resides at 351 E. Louther St. Carlisle, Cumberland County, Pennsylvania, 17013. 2. Respondant is Rebekah Seaux, who resides at 8020 Woodsedge Dlr., #306, Charlotte, North Carolina, 28216. As of February 29, 2008, plaintiff has primary physical custody of the child. The defendant has partial physical custody on alternating weekends, from Friday at 7:00pm until Sunday at 4:00pm. As per the original agreement, the defendant was to have primary custody for the duration of the child's summer vacation and the pWntiff was to have partial physical custody on alternating weekends. 4. Defendant has not moved to Virginia, as was believed she would at the custody conciliation. She told the plaintiff that the child would be in the *e of maternal grandparents while she was at work. She instead moved to North Carolina with a boyfriend, Daniel Lescalleet, and the plaintiff is not comfortable leaving the child in the care of the boyfriend. 5. On June 19d`, plaintiffs attorney, Karl Rominger, Esq. sent a letter attorney, Marianne Reudebusch, Esq. stating that the defendant wg agreed custody order, and the plaintiff should not be required to all spend the summer with her mother in North Carolina. The letter st not comfortable with the child spending time alone with the mother was at work, due to the boyfriend's past criminal history, which inc served for simple assault and terroristic threats agmw former gift 6. -On July 5*', 2008, the plaintiff gave custody to the defendant for her defendant told the plaintiff that she would be staying in Pennsylvani the weekend and be returning the child Monday, July 7'h at 12:00pn unable to come to pick up the child on Friday, as she was supposed allowing her an extra day. On July 6'`, 2008 in a phone conversatio: plaintiff was informed by the child that she had been taken to North o defendant's in violation of the ?w the child to go ted that the plaintiff is s boyfriend while she udes charges and time weekend. The for the duration of The defendant was o, so the plaintiff was with the child, the ?arolina by her 'i mother(defendant). 7. Plaintiff is requesting the court order the defendant to return the child to the state of Pennsylvania immediately, until a new agreement can be reached. WHEREFORE, Plaintiff prays this Court to grant the Petition for Special'' Relief, because the child may be in danger. Respectfully submitted, Jason Seaux Date: duly 7, 2009 d `?, ra c.... ???? ' -r? -? ?' N GJ t ?? .4 Ift P4"k alt SEAUX IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA ,., 2004-1476 CIVIL ACTION LAW' ?- vs. 4U9B -SEAUX IN CUSTODY C ?`? Defendant ?, ..c t r Petition for Syecial Relief 1. Petitioner is Jason Seaux, who resides at 351 E. Louther St. Carlisle, Cumberland County, Pennsylvania, 17013. 2. Respondant is Rebekah Seaux, who resides at 8020 Woodsedge Dr'., #306, Charlotte, North Carolina, 28216. 3. As of February 29, 2008, plaintiff has primary physical custody of child. The defendant has partial physical custody on alternating weekends, frFriday at 7:00pm until Sunday at 4:00pm. As per the original agreement, the defendant was to have primary custody for the duration of the child's summer vacation and the plaintiff was- to have partial physical custody on alternating weekends. 4. Defendant has not moved to Virginia, as was believed she would at the custody conciliation. She told the plaintiff that the child would be in the care of maternal grandparents while she was at work. She instead moved to North Carolina with a Daniel Lescalleet, and the plaintiff is not comfortable iviving the child in the boyfriend, care of the boyfriend. 5. On June 19', plaintiffs attorney, Karl Rominger, Esq. sent a letter to defendant's attorney, Marianne Reudebusch, Esq. stating that the defendant w in violation of the agreed custody order, and the plaintiff should not be required to low the child to go spend the summer with her mother in North Carolina. The letter ted that the plaintiff is not comfortable with the child spending time alone with the mother's boyfriend while she was at work, due to the boyfriend's past criminal history, which i udes charges and time served for simple assault and terroristic threats against former gir ends. 6. On July 5', 2008, the plaintiff gave custody to the defendant for er weekend. The defendant told the plaintiff that she would be staying in Pennsyly a for the duration of the weekend and be returning the child Monday, July 7 h at 12:006m. The defendant was as unable to costae to pick up the child on Friday, as she was supposed on with o, so tthe he plchild aintiff the allowing her an extra day. On July 6'h, 2008 in a phone conver plaintiff was informed by the child that she had been taken to Noa h Carolina by her / ,4 qk. - mother(defendant} 7. Plaintiff is requesting the court order the defendant to return the child to the state of Pennsylvania immediately, until a new agreement can be reached. WHEREFORE, Plaintiff prays this Court to grant the Petition for Special Relief, because the child may be in danger. Respectfully submitted, Jason Seaux Date: July 7, 2009 Y s REBEKAH SEAUX IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2004-1476 CIVIL ACTION LAW JASON SEAUX IN CUSTODY DEFENDA T ORDER OF COURT AND NOW, Tuesday, Jul 22, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Monday, August 11, 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 accomplis d, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry o fa 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/ Dawn S. Sunday, Esq. Custody Conciliator The Court o Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act o 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 2 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 IND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Z : i i WV £Z IAr 8001 SEP 2 5 20086 REBEKAH SEAUX IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2004-1476 CIVIL ACTION LAW JASON SEAUX Defendant IN CUSTODY ORDER OF COURT AND NOW, this 75"1, day of 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. All prior Orders are vacated and replaced with this Order. 2. The Mother, Rebekah Seaux, and the Father, Jason Seaux, shall have shared legal custody of Briana Leigh Seaux, born December 8, 1999. Major decisions concerning the Child including, but not necessarily limited to, her health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child 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 possible. In accordance with 23 Pa.C.S.A. §5309, 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 or information given to either party as a parent as authorized by statute. 3. The parties shall have physical custody of the Child in accordance with the following schedule: A. During the school year, the Father shall have primary physical custody of the Child and the Mother shall have partial custody on alternating weekends from Saturday at 9:00 a.m. through Sunday at 4:00 p.m., beginning September 13, 2008. Unless otherwise agreed between the parties, the Mother's weekend periods of custody shall take place in Pennsylvania. B. During the summer school break, the Mother shall have primary physical custody of the Child and the Father shall have custody on his continuing alternating weekends, for which the t?r1' SS :9 WV 9Z 83S ROOZ 3Nl JO ?lr'Y??./,+.t?{Y?# i 6.,{..aylryt?ry?,.,..y?ry{Jy+ Mother shall transport the Child to Pennsylvania. This provision is contingent upon the Mother maintaining a daytime work schedule. C. The summer custody schedule shall begin with the Mother having custody on her first regularly scheduled alternating weekend after the last day of school, and the school year custody schedule shall begin with the Father having custody two (2) full weeks before the school year resumes, to enable the Father to have a week of vacation custody and prepare the Child for school. 4. The parties shall share or alternate having custody of the Child on holidays as follows: A. Thanksgiving: In even-numbered years, the Mother shall have custody of the Child from Wednesday evening at a time to be arranged by agreement through Sunday at 4:00 p.m. Unless otherwise agreed between the parties, the Mother shall exercise her period of holiday custody over Thanksgiving in Pennsylvania or in Virginia with the Mother's family. In odd-numbered years, the Father shall have custody of the Child for the entire Thanksgiving holiday school break. In the event the Mother's alternating weekend period of custody falls on the Father's Thanksgiving holiday, the parties shall reschedule a make-up weekend period of custody for the Mother. B. Christmas: In even-numbered years, the Father shall have custody of the Child from the last day of school before the Christmas break through December 27, and the Mother shall have custody from December 27 for one (1) full week, which for the 2008 Christmas holiday would run through January 3, 2009. In odd-numbered years, the Mother shall have custody of the Child for a full week at the beginning of the Christmas holiday school break, to include Christmas Eve and Christmas Day and the Father shall have the remainder of the Child's holiday break from school. The parties shall cooperate in scheduling the specific dates and times for exchanges of custody for the Christmas holiday on an ongoing basis to ensure that the Mother has one (1) full week, alternating between the beginning and the end of the holiday break each year. C. Easter: In even-numbered years, the Father shall have custody of the Child for the entire Easter break from school and in odd-numbered years, the Mother shall have custody of the Child for the entire Easter holiday break from school. In the event the Mother misses a period of alternating weekend custody which falls on the Father's Easter holiday period of custody, the parties shall cooperate in scheduling a make-up weekend for the Mother. D. Spring Break: In the event the Child has a spring recess from school separate from the Easter holiday break, the Mother shall have custody of the Child for the spring recess in every year. E. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. The parties shall cooperate in making arrangements by agreement for the Child's care during the summer when the Mother is working. 6. The Father shall not leave the Child alone in the care of Matthew Renner. 7. Within one (1) week of the date of the custody conciliation conference, the Father shall provide the Mother with the school calendar for the 2008-2009 school year. The Father shall ensure that the Mother is provided with copies of all school documents, including report cards or other notices/information regarding the Child's progress, notices of conferences and special events, school pictures and any other significant information pertaining to the Child's development and academic progress. The Father shall either ensure that the school is providing the foregoing information directly to the Mother or, if not, the Father shall provide the information to the Mother. 8. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 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. BY THE COURT, cc: -4bekah Seaux - Moth ,A'ason Seaux - Father 4 REBEKAH SEAUX Plaintiff VS. JASON SEAUX IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2004-1476 CIVIL ACTION LAW IN CUSTODY Defendant Prior Judge: Kevin A. Hess 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 Briana Leigh Seaux December 8, 1999 Father 2. A custody conciliation conference was held on September 8, 2008, with the following individuals in attendance: the Father, Jason Seaux. The Mother, Rebekah Seaux, resides in North Carolina and participated in the conference by telephone. Neither party was represented by counsel in this matter. 3. The parties were able to reach an agreement at the conference and a Recommended Order and Report were previously forwarded to the Court for signature. Subsequently, the parties contacted the conciliator to advise of an error in paragraph 6 of the Order which provided that the Mother shall not leave the Child alone in the care of Matthew Flenner. Mr. Flenner is actually the friend of the Father and therefore the provision should have read that the Father should not leave the Child alone in his care. As both parties are unrepresented in this matter but indicated to the conciliator that they agreed to add an additional week of custody for the Father in the summer for vacation, that revision to paragraph 3 C is also included in the proposed attached Order, along with the correction to paragraph 6. Sr a1?1? tea, ?tv? Date Dawn S. Sunday, Esquire Custody Conciliator REBEKAH SEAUX IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. 2004 -1476 CIVIL ACTION LAW JASON SEAUX Defendant IN CUSTODY PETITION TO MODIFY CUSTODY ORDER AND NOW, this ET day of April 2009, comes the Defendant, Jason Seaux, with the request to modify an existing Court Order, dated 09/25/08, as follows: 1. Petitioner is Jason Seaux, hereinafter referred to as Father, an adult individual residing at 351 East Louther Street, Carlisle, Pennsylvania, 17013. 2. Respondent is Rebekah Seaux, hereinafter referred to as Mother, an adult individual residing at D,lat ?ln lr c? nle 2d . (' )MEIOA-a C Z 2 i6 3. They are the natural parents of the Child, Briana Leigh Seaux, born 12/08/99. 4. Father is requesting a modification to the current summer custody schedule. He would like have custody of the Child for the first half of the summer, due in part to the Child's softball schedule and also in part to the Child stating she wants to spend half the summer with her Father and half the summer with her Mother. Father has attempted to make this modification with the Mother out of Court, to no avail. 5. Father would like to modify the current holiday schedule to include Mother's and Father's Days, granting custody on those days to the appropriate parent. 6. Father would like to add a stipulation that when the Child is in the custody of the Mother in North Carolina, she will not be left alone in the care of Mother's paramour, Daniel Lescalleet. WHEREFORE, the Father requests that the Court schedule a custody conciliation conference between the parties prior to the end of the Child's school year, June 10, 2009. Respectfully submitted, Jason Seaux ALCP- C rr ?CE: OF THE F`:`A-H.n',0!APY 2009 APR 29 'PM 3 19 cut p/- a-6 F? 4 REBEKAH SEAUX IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JASON SEAUX DEFENDANT 2004-1476 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, May 04, 2009, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 _ on _ _ Thursday, June 04, 2009 at 12:00 PM 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/ Dawn S. Sunday, 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 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 It -TAP 2009 MAY -S PM 3: G i JUN 15 2009 , "f REBEKAH SEAUX Plaintiff VS. JASON SEAUX Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2004-1476 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this day of 9?& 2009, upon consideration of the attached Custody Conciliation Re ort, it is ordered and directed as follows: 1 A.hearing is sc duled in Court Room No. 4_ of the Cumberland County Court House Jl on the c;2/A16 day of IL& , 2009, at which time testimony will be taken. For purposes of the hearing, the F ther, Jason Seaux, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party or each party pro se, shall submit a Memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least seven (7) days prior to the hearing date. 2. Pending the hearing and further Order of Court or agreement of the parties, the prior Order of this Court entered in September 2008 shall continue in effect. Neither party shall unilaterally make changes to the summer custody schedule set forth in that Order. Any agreements to change the custody schedule shall be made in writing. BY THE COURT, Kevin X. Hess J. cc: ?Ji?on Seaux -Father /Rebekah Seaux - Mother ?? I?QS nt4aLLfjCL REBEKAH SEAUX Plaintiff vs. JASON SEAUX Defendant Prior Judge: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2004-1476 CIVIL ACTION LAW IN CUSTODY 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 Briana Leigh Seaux December 8, 1999 Father/Mother 2. A custody conciliation conference was held on June 4, 2009, with the following individuals in attendance: the Father, Jason Seaux, who is not represented by counsel in this matter. The Mother, Rebekah Seaux, is also not represented by counsel and participated in the conference by telephone as she resides in North Carolina. The Father filed this Petition to Modify the prior Order of this Court entered following a conciliation conference in September, 2008 under which the Father has primary custody of the Child during the school year and the Mother has primary custody during the summer. The parties were not able to reach an agreement at the conference and it will be necessary to schedule a hearing, although the Father recognizes that his Petition was not filed in sufficient time to have the Court determine the custody schedule for this summer. 3. The Father's position on custody is as follows: Under the current Order, the Father has primary custody of the Child during the school year and for the first week following the end of school and the last two weeks of the summer prior to the beginning of the next school year. The Father seeks to modify that Order so that he would have custody of the Child for the first full half of the summer each year. The Father stated that the Child has continuing softball activities through the first half of the summer and also that the Child has expressed a preference to split the summer. The Father stated that he would like to have some vacation time with the Child which does not fall immediately following the end of school or immediately before the beginning of the next school year. According to the Father, some of the Child's friends are leaving the area and the Child had wanted to spend time with them while they are still here. In addition to requesting custody of the Child for one-half of the summer (which would amount to two additional weeks under the existing Order), the Father would like to add Mother's Day and Father's Day to the holiday custody schedule as well as a prohibition against the Child being left in the care of the Mother's paramour, Daniel Lescalleet. Neither of those issues related to the holiday schedule or the Mother's paramour were raised or addressed during the time of the conference. 4. The Mother's position on custody is as follows: The Mother adamantly opposes the Father's request for additional time in the summer. As the Father has custody of the Child for one and one-half weeks at the beginning of the summer and two weeks at the end of the summer, the Mother believes that the Father can schedule his vacation time during that period as well as time for the Child with her friends. The Mother believes that the Child's softball on her current team is over at the end of the school year and that the Father is attempting to sign up the Child for an additional team which would extend further into the summer. The Mother alleged that she has been denied some of her scheduled periods of custody throughout the year, including holiday time at Christmas. The Mother believes that the Father is attempting to alienate the Child from her by telling the Child frightening things about the Mother's paramour which are untrue. The Mother seeks to have an additional provision added to the existing Order stating that the Order is enforceable by a sheriff, which the Mother stated that she was advised to do when attempting to enforce her prior periods of custody. 5. The conciliator recommends an Order in the form as attached scheduling a hearing in this matter. It should be noted that the Mother will be traveling for the hearing from her home in North Carolina and requests that the hearing be scheduled taking travel distance into consideration (i.e. scheduling the conference if possible during the beginning or end of the week and not during the early morning). It is anticipated that the hearing will require at least one-half day. 9 _-;10oJ Date Dawn S. Sunday, Esquire Custody Conciliator OF T iu t -7' Y 2009 JUN 17 AN io* 22 REBEKAH SEAUX : IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. : 2004-1476 CIVIL ACTION - LAW JASON SEAUX : IN CUSTODY Defendant PETITION FOR CONTEMPT NOW COMES the Plaintiff, hereinafter, "Mother", pm se, and moves this Honorable Court for an Order compelling Defendant herein to appear and show cause why he should not be held for civil and/or criminal contempt of this Court. In support of this Petition, Mother respectfully shows unto the Court as follows: 1. Mother is a citizen and resident of Mecklenburg County, North Carolina. 2. Father is a citizen and resident of Cumberland County, Pennsylvania. 3. The parties were previously husband and wife and resided in the Commonwealth of Pennsylvania at the time of their separation and subsequent divorce in July of 2003 and are the parents of Briana Leigh Seaux, born December 8, 1999. 4. Orders were issued on August 26, 2004, May 29, 2008 and September 25, 2008 regarding this custody matter by this Court. 5. On numerous occasions, Father has demonstrated his contemptuous behavior by failing to allow Mother's periods of custody. 6. On numerous occasions, Father has demonstrated his contemptuous behavior by saying things to estrange the Child from Mother. WHEREFORE, Plaintiff respectfully rays the Court as follows: e > 1. That the Court schedule a hearing on this matter to occur simultaneously with Defendant's pending Petition as to use the Court's time most effectively. 2. That the Court issue an Order Requiring the Defendant to appear and show cause, if any exists, why he should not be held in Contempt of this Court. 3. That an Order be issued holding the Defendant in civil and criminal contempt of this Court. 4. That the Court issue an Order modifying custody of the parties' minor child by placing primary physical custody with the Plaintiff. 5. That all costs be taxed to the Defendant. 6. Such other and further relief the Court deem just and proper. Respectfully submitted, Rebe , Pro Se Pl . W CERTIFICATE OF SERVICE I hereby certify that I have served a copy of the foregoing document on the person or persons listed below, by depositing said documents in the United States mail, first class, postage prepaid, addressed as set forth below, at the place and address stated below: Jason W. Seaux 351 East Louther Street Carlisle, Pennsylvania 17013 This the S day of August, 2009. sy: Z. "4- ? N49 Rebekah Seaux, Pro Se ^ ?' 't- aT'y C*o lAo REBEKAH SEAUX IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JASON SEAUX DEFENDANT 2004-1476 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, August 20, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanics bur , PA_ 17055 on Monday, September 21, 2009 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 entrv 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/ Dawn S. Sunday, 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 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 MARY 2009 AUG 21 PM 1: 3 5 fuU4TY F'cNI :SYU \0NIA ja ?t - C y /rib LLSCJL 4rj 11. SF-k my Na?-? ,,?z ( - J. S'C44 y REBEKAH SEAUX, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION - LAW 2004-1476 CIVIL TERM JASON SEAUX, IN CUSTODY Defendant IN RE: PETITION TO MODIFY ORDER OF COURT AND NOW, this 21st day of August, 2009, after hearing, the motion of the defendant for modification of the underlying custody order is denied. Action on the pending contempt petition filed by the plaintiff is deferred, and the conciliation conference scheduled in this matter for September 21, 2009, is canceled, in light of the defendant's assurance that he will abide by the custody order and not modify it unilaterally. By the Court, Rebekah Seaux, Pro se 8020 Woodsedge Drive #306 Charlotte, North Carolina 28216 ? Karl Romminger, Esquire For the Defendant Dawn S. Sunday, Esquire Custody Conciliator :bg +rr OF THE 2009 AUG 24 PH 3: 23 SEP 0 4 2009 REBEKAH SEAUX IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2004-1476 CIVIL. ACTION LAW JASON SEAUX Defendant IN CUSTODY ORDER AND NOW, this 26th day of August, 2009 , upon notification from the Court that the conciliation conference in this matter is no longer necessary, the conciliator hereby relinquishes jurisdiction. The conciliation conference scheduled for September 21, 2009 is cancelled. FOR THE COURT, Z i Dawn S. Sunday, Esquire Custody Conciliator RLE - sCE OF THE P R , l ?,iON'D'TTY 2009 SLEP -9 PM 2: 72 '•_.t iry?. • ?. ,art, ,,,?? REBEKAH SEAUX, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW JASON SEAUX, Defendant N0.04-1476 CIVIL ORDER AND NOW, this ~~ day of June, 2010, in consideration of the within petition, the parties are directed to cooperate in facilitating the transportation of the child, Briana, on June 10, 2010, the day for which an airline ticket has already been purchased. In the event that the child does not make use of the airline ticket, the Court will entertain the plaintiff's petition that the defendant reimburse her the cost of the plane ticket that she purchased. BY THE COURT, • /7 Kev' A. Hess, P. J. ''Rebekah Seaux, Pro Se Plaintiff / Karl Rominger, Esquire For the Defendant n p ~ -fl~=~ ~-- :rlm ~` ~ ri~~ :•, ~, ~ . ~ q~~~ lL3 r.:i,~e ~' ~ ~. REBEKAH LESCALLEET, f/k/a REBEKAH SEAUX IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Petitioner, V. JASON SEAUX, Defendant/Respondent. 2004-1417 CIVIL ACTION - LA CD ern rn r-n- ? r- rn ? IN CUSTODY CDo C 3 -2771 O ? po am EMERGENCY PETITION FOR RELOCATION and MODIFICATION OF CUSTODY NOW COMES the Plaintiff, pro se, in the above-captioned case and in support of her Petition avers and says the following: 1. Plaintiff is a citizen and resident of Mecklenburg County, North Carolina. 2. Defendant is a citizen and resident of Cumberland County, Pennsylvania. 3. The parties were previously husband and wife and resided in the Commonwealth of Pennsylvania at the time of their separation and subsequent divorce in July of 2003 and are the natural parents of Briana Leigh Seaux, born December 8, 1999. 4. Orders were issued on August 26, 2004, May 29, 2008, September 25, 2008, August 24, 2009, and June 8, 2010. By stipulation, Defendant has had primary physical custody of the Minor Child since approximately May of 2008. 5. Plaintiff has exercised her periods of custody and unsuccessfully attempted to negotiate additional periods of visitation despite the 460 mile separation. PM/ Cye 630 iv ??? ?sj BLS 6. Despite attempts to resolve all matters personally, the Plaintiff has had to Petition the Court for intervention due to Defendant's clear violations of the Court's orders and contemptuous behavior on several occasions. 7. On November 8, 2010, Defendant notified Plaintiff via telephone that he would be moving out of the home of his girlfriend "sometime soon" and that he just wanted to give her "the heads up." 8. Defendant's girlfriend has been primarily responsible for the day to day care of the minor Child for quite some time, especially the last several months while Defendant has been working second-shift. 9. On the morning of Thanksgiving Day Defendant's girlfriend notified Plaintiff that Defendant has been caught cheating and would be changing his residence, "effective immediately." 10. Later that morning, Defendant contacted Plaintiff directly to indicate that he will be moving out of his girlfriend's house with the minor Child (and his second child on a 50/50 basis) as soon as he can locate another short-term residence. 11. Defendant is employed by Frog Switch, working "shift-work" which is not conducive to raising the minor Child in a stable environment. On any shift to which Defendant is scheduled, he will require the assistance of family and/or daycare, sometimes in conjunction, in order to provide daily care and proper supervision to the Minor Child. 12. Plaintiff's work schedule allows her to drop the Minor Child off at her bus stop, pick her up after 2.5 hours at her afterschool care and provide a consistent structured household in which to support and encourage the Minor Child in her academics and extra-curricular activities. 13. Since the date of the stipulation wherein the parties agreed that the minor Child's best interests would be served by remaining in PA with the Defendant while Plaintiff sought to secure gainful employment, the Defendant on numerous occasions attempted to frustrate, annoy and harass the Plaintiff and repeatedly attempted to alienate the child from Plaintiff. 14. There has been a material change in circumstances warranting a full evidentiary hearing regarding relocation and modification of the current custody Order. 15. Plaintiff believes it to be in the best interest of the minor Child to relocate to North Carolina to reside with Plaintiff. 16. Time is of the essence. Plaintiff is greatly concerned for the physical, mental and emotional health of the minor Child. 17. Furthermore, in the event primary physical custody is granted to Plaintiff, as proposed, she will need to register the minor Child in Charlotte-Mecklenburg Schools ("CMS") before January 31, 2010 in order to ensure eligibility into Charlotte Mecklenburg's charter schools for the 2011-2012 academic year. 18. Defendant's actions in preventing the relocation are based in his desire to prevent Plaintiff from caring for the Minor Child, not in the child's best interest. WHEREFORE, Plaintiff prays the Court for relief as follows: 1. That a hearing be scheduled in order to determine the best interest of the child as soon as practically possible to ensure the minor Child's mental, emotional and physical health (and in an effort to meet academic deadlines). 2. Plaintiff respectfully requests that, if possible, said hearing immediately be scheduled for the first available Friday or Monday to minimize Plaintiff's leave from employment and in order to accommodate the approximate seven hours of travel time required for Plaintiff's attendance. 3. Such other and further relief as the Court may deem just and proper. This thq_?y of , 2010. By: ]52WEescal et Pro se Plaintiff 2121 Oakdale Road Charlotte, North Carolina 28216 RLescalleet@wbbatty.com 704-844-1400 Phone 704-845-1503 Facsimile CERTIFICATE OF SERVICE I hereby certify that I have served a copy of the Petition for Modification and Relocation on the person or persons listed below, by depositing said documents in the United States mail, via first class mail, postage prepaid, addressed as set forth below, at the place and address stated below: Karl Rominger, Esquire Rominger & Associates 155 South Hanover Street Carlisle, Pennsylvania 17013 Jason W. Seaux 351 East Louther Street Carlisle, Pennsylvania 17013 Thit_J'd"ay of ?L4e?- '2010. l By: Rebekah Lesgalleet' Pro se Plaintiff 2121 Oakdale Road Charlotte, North Carolina 28216 RLescalleet@,wbbpgty.com Phone 704-845-1503 Facsimile REBEKAH LESCALLEET F/K/A REBEKAH IN THE COURT OF COMMON PLEAS OF SEAUX PLAINTIFF CUMBERLAND COUNTY, PENNSYLVAI@A rv o O =-n 0i =3 rnF 2004-1476 CIVIL ACTION LAW-., t JASON SEAUX - ?-n z -) c IN CUSTODY -ri DEFENDANT c?a O F .. m { ` 70 ORDER OF COURT AND NOW, Tuesday, December 07, 2010 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Monday, December 27, 2010 at 12:00 PM 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 pennanent 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/ Dawn S. Sunda 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. QTY':ej YIAF Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 T e1??Fj Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLERFO I FEB ? 0 PH 3: M ARTSON LAW OFFICES ."UNSER I.D. 87445 10 East High Street PEN"jS 1'L V COUNTY Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff REBEKAH LESCALLEET f/k/a REBEKAH SEAUX Plaintiff V. JASON SEAUX, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-1476 CIVIL ACTION - LAW IN CUSTODY PETITION TO MODIFY CUSTODY ORDER Plaintiff, Rebekah Lescalleet, by her attorneys, Martson Law Offices, sets forth the following: 1. Plaintiff is Rebekah Lescalleet, "Mother," an adult individual residing at 2121 Oakdale Road, Charlotte, North Carolina. 2. Defendant is Jason W. Seaux, "Father," an adult individual believed to be residing at 351 E. Louther Street, Carlisle, Cumberland County, Pennsylvania. 3. Mother and Father are the natural parents of Briana Leigh Seaux, born December 8, 1999. 4. On December 1, 2010, Mother filed a petition for modification of the existing custody Order, pro se, and appeared for a custody conciliation conference on January 3, 2011, pro se, at which time, pursuant to the agreement of the parties, an Order was entered directing the parties to make arrangements for the child to participate in counseling. Attached hereto and marked Exhibit A is the most recent Order of Court issued by the Honorable Kevin A. Hess and dated January 12, 2011. 7-eV p-? .a4 d #ggs-75F )Of* 511 991 5. Mother believes the current custodial situation in the Father's home is so disruptive to the minor child that merits a change in the custody arrangements to grant Mother primary physical custody of the minor child. 6. The child is struggling in school, for the first time getting bad grades, getting detentions and other disciplinary actions, and failing to turn in assignments. 7. The child's teachers have indicated she is exhibiting angry and aggressive behavior at school. 8. Mother believes, and therefore avers, that the child is staying at various different residences on different nights, including Father's ex-girlfriend's house and his mother's house. 9. Mother believes, and therefore avers, that Father is moving to Newville which would require the child to switch schools or Father will have to pay tuition for her to attend in Carlisle School District. 10. Mother has a stable home and excellent job, and can provide a better lifestyle for the child than she previously has had. 11. Mother requests that she be awarded primary physical custody and will continue to provide some of the alternating weekend transportation for the child to see her Father. Mother currently does all of the transportation without help from Father for all visits. 12. Mother believes that it is imminent that the custody be changed before the child continues to destroy her school record and cannot wait for months of counseling therapy. However, Mother has scheduled the child for counseling to begin on February 14, 2011 with Sally Rooney as she also does not want to postpone counseling until a custody hearing is held. 13. Father's attorney is Karl Rominger, Esquire, who does not concur with the requested relief in this Petition. 14. The Honorable Kevin A. Hess signed the most recent custody Order. WHEREFORE, Plaintiff requests your Honorable Court to enter an Order modifying the existing custody Order and granting her primary physical custody of the minor child. Respectfully Submitted, MARTSON LAW OFFICES By Je6i]Vr L. pears, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: February 10, 2011 VERIFICATION The foregoing Petition To Modify Custody Order is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if 1 make knowingly false averments, I may be subject to criminal penalties. ?--- Rebek Le alleet CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Petition to Modify Custody Order was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Karl Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 MARTSON LAW OFFICES By Tricia D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: February 10, 2011 REBEKAH LESCALLEET FWA REBEKAH IN THE COURT OF COMMON PLEAS OF SEAUX PLAINTIFF V. JASON SEAUX DEFENDANT CUMBERLAND COUNTY, PENNSYLVANIA 2004-1476 CIVIL ACTION LAW rn -*? 77L. -Tj _. e r3 r-- X:-? w a E r9 r-- q xT IN CUSTODY , .•'. 1. .J-n C.J ? I i ORDER OF COURT AND NOW, Friday, February 11, 2011 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesdav, March 15, 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 hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Daum S. Sunday, E'9T]P _ 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. n/ Cumberland County Bar Association -lel- %( S 32 South Bedford Street aAxt4?J -t v Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Y REBEKAH LESCALLEET a/k/a REBEKAH SEAUX Plaintiff VS. JASON SEAUX Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2004-1476 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT C-) c a C) Zp ? ? v x rn A cs C) r*? '4 N C1 ? 4 AND NOW, this i1p( day of Qh 2011, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Courtroom Number 4 of the Cumberland County Courthouse on the 19 0f day of !2? a-a._, 2011, at 1:36q.m., at which time testimony will be taken. For purposes of the hearing, the Mother shall be deemed to 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 each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least seven days prior to the hearing date. 2. Pending the hearing and further Order of the Court or agreement of the parties, neither parent shall change the Child's current school enrollment in the Carlisle School District. BY THE COURT, Kevin A. Aess J. cc: ? Jennifer L. Spears, Esquire - Counsel for Mother . ?? ? Robert A. Kulling, Esquire - Counsel for Father eqlea,,aal? ? REBEKAH LESCALLEET a/k/a REBEKAH SEAUX Plaintiff vs. JASON SEAUX Defendant Prior Judge: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2004-1476 CIVIL ACTION LAW IN CUSTODY 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 Briana L. Seaux December 8, 1999 Father 2. A custody conciliation conference was held on March 15, 2011, with the following individuals in attendance: the Father, Jason Seaux, with his counsel, Robert A. Kulling, Esquire, and the Mother's counsel, Jennifer L. Spears, Esquire. The Mother, Rebekah Lescalleet, who currently resides in North Carolina, participated in the conference by telephone. 3. The Mother filed this Petition to Modify seeking to relocate the Child to North Carolina where the Mother has resided since 2008. Under the existing Custody Order, the Father has primary physical custody of the Child in Pennsylvania during the school year and the Mother has custody during the summer and on alternating weekends. The Father strongly objects to the Mother's request to have primary custody of the Child in North Carolina and the parties were not able to reach an agreement at the conference. It will be necessary to schedule a hearing on the modification/relocation issue. 4. The Mother's position on custody is as follows: The Mother believes that the Child's school performance has drastically degenerated over the past few months in that the Child's grades have gone down and she has been getting detentions. The Mother opposes the Father's desire to change the Child's school from Carlisle to Newville, where the Father has recently moved. The Mother believes that if there is going to be a change in school it should be to the school district in North Carolina where the Mother resides. The Mother indicated that she has a stable home and an excellent job and would be able to provide for the Child's needs. The Mother expressed concern that the Child has been shuttled between the Father's former girlfriend and the paternal grandmother as the Father works swing shift and is not able to provide care for the Child much of the time. The Mother believes that the Child is at an age now when she needs more time with her Mother and stability in her life. The Mother seeks primary physical custody of the Child in North Carolina. 5. The Father's position on custody is as follows: The Father does not believe it would be best for the Child to relocate to North Carolina to be in her Mother's primary care. The Father believes it would be traumatic for the Child to disrupt her ties to family and friends in Cumberland County. The Father believes that any of the problems recently experienced by the Child in school have more to do with the Child's being angry with the Mother for leaving her at the time she moved to North Carolina in 2008. The Father acknowledged that there have been some changes in the Child's living situation over the recent months as the Father has made a move from Carlisle to Newville but explained that now the situation has stabilized. The Father does not believe it would be best for the Child to be separated from her younger brother. The Father therefore opposes the Mother's request for primary custody and relocation of the Child to North Carolina. 6. The conciliator recommends an Order in the form as attached scheduling a hearing on the modification and relocation issue. It is anticipated that the hearing will require at least one-half day. Date Dawn S. Sunday, Esquire Custody Conciliator REBEKAH LESCALEET (SEAUX) : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW JASON SEAUX, Defendant NO. 04-1476 CIVIL IN RE: PETITION TO MODIFY ORDER AND NOW, this Z0' day of May, 2011, following hearing, the petition of the plaintiff to modify the custody order is DENIED without prejudice to the plaintiff to request rehearing on the matter on or after September 1, 2011, in the event the father has been unable to change his work shift. BY THE COURT, Kevin Hess, P. J. Jennifer Spears, Esquire For the Plaintiff M ? Karl Rominger, Esquire ?P} For the Defendant :rlm cs c rnw =r. M Z? -?•c -vim QO x-n Zc r".) CD M. "4 N F:\FILES\Clients\14217 Lescalleet\14217.1.specialreliefwpd/tde Revised: 8/15/11 10:40ANI Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff t. ) Pte..;) ""P'.I c-n CJ , ' - - <r7l REBEKAH LESCALLEET f/k/a REBEKAH SEAUX Plaintiff V. JASON SEAUX, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-1476 CIVIL ACTION - LAW IN CUSTODY PETITION FOR SPECIAL RELIEF: EMERGENCY CUSTODY AND NOW, comes Rebekah Lescalleet, by and through her attorneys, Martson Law Offices, and requests a hearing before the Honorable Kevin A. Hess, President Judge, as follows: Movant is the Plaintiff, Rebekah Lescalleet ("Mother"). 2. A several hour-long hearing was held on May 19, 2011, before the Honorable Kevin A. Hess, President Judge, on Plaintiff's request to modify the current Custody Order and allow the child, Briana Seaux, to relocate with Plaintiff in Charlotte, North Carolina. 3. By Order of May 20, 2011, Plaintiff's request to modify custody was denied, with Mother being allowed to request another hearing after September 1, 2011. 4. On or about June 6, 2011, Mother filed a Motion for Reconsideration, which has not been ruled on. 5. On or about July 16, 2011, Mother filed a Motion for Hearing requesting that a two- hour hearing be scheduled before August 23, 2011, before the start of school, which has not been ruled on. ark %-?0,60F 6. Since May, Father has moved into and out of a residence in Newville which he was renting, in and out of a new girlfriend's home, has stayed with relatives and/or friends, and has, as of last week, moved into a trailer in Newville in the Betty Nelson trailer park. 7. Further, Father has failed to provide Mother with the address of his residence, despite numerous requests, and did not allow Mother to drop the child off there this past weekend. 8. Father was fired from his job at Frog Switch several weeks ago for failing to show up or call off work. It is believed Father may be working for a roofing company, but Father's employment history has always been spotty and temporary. 9. Mother believes the child needs stability that she can offer and Father cannot, and that the child would now prefer to live with her and go to school in North Carolina. 10. Mother has learned that while Father had custody of the child for the prior school year, the child was always staying with a third party, that Father often went out partying. 11. Father is not truthful with Mother about who is watching the child when he is not with her, and in fact has told the child to lie about it on occasion. 12. Mother feels this evidence and testimony significantly impacts the best interests of the child and where she should reside during the school year. 13. Father is exhibiting further lack of stability in jobs, residence and people he relies upon to care for the child while he has custody of her. 14. Mother requests a re-hearing in order to call her new witness, and to re-call the child prior to the start of the school year. 15. Mother's information has not changed, therefore she only expects to call one new witness and re-call the child, and any testimony Mother would offer, if any, would be very brief. 16. Mother requests a two-hour hearing to be held before August 23, 2011, and respectfully submits that Conciliation would be of no use. Moreover, the Order of May 20, 2011, permits Mother to request another hearing. 17. The hearing on May 19, 2011, was held before the Honorable Kevin A. Hess, who entered the Order of May 20, 2011. 18. Karl Rominger, Esquire, attorney for Jason Seaux, does not concur with the relief requested herein. WHEREFORE, Plaintiff respectfully requests this Honorable Court to schedule another hearing prior to August 23, 2011. MARTSON LAW OFFICES t By V &14-? Jennifer L. ars, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: August 15, 2011 CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Petition for Special Relief. Emergency Custody was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Karl Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 MARTSON LAW OFFICES By Tricia D. Ecke oad en East High Street Carlisle, PA 17013 (717) 243-3341 Dated: August 15, 2011 I y REBEKAH LESCALLEET f/k/a IN THE COURT OF COMMON PLEAS OF REBEKAH SEAUX CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 2004-1476 JASON SEAUX CIVIL ACTION - LAW , Defendant IN CUSTODY :'iii ORDER ' AND NOW, this day of August, 2011, upon consideration of Plaintiff a'Pe titron E_ :1 fo"- Special Relief. Emergency Custody, a hearing will be held on August ay, 2011, at - ?% ,m• in Courtroom No. 4. Witness lists and exhibits shall be exchanged between counsel and submitted to the Court L days prior to hearing. BY THE COURT, Kevin A cc: ? Jennifer L. Spears, Esquire kAwsil` Karl E. Rominger, Esquire E11 7 ?aX6 President Judge v REBEKAH LESCALLEET f/k/a REBEKAH SEAUX, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JASON SEAUX, Defendant CIVIL ACTION - LAW NO. 2004-1476 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this 24th day of August, 2011, after hearing, our order of September 25th, 2008, is modified to provide that primary physical custody of the child, Briana Leigh Seaux, born December 8, 1999, shall be in her mother. The father shall enjoy such rights of partial custody in said child as were heretofore in the mother according to the order of September 25th, 2008, and the Court will invite further submissions in writing from counsel concerning other modifications that should be made to our earlier order with an eye to fostering an ongoing relationship between Briana and both of her parents. By the Court, Kevin A. Hess, P.J. Jennifer L. Spears, Esquire For the Plaintiff Karl E. Rominger, Esquire For the Defendant : lfh c* n C -n V Z 3 C-) C-- r C=) --? n. I -< tV cr% - ;~, i REBEKAH LESCALLEET f/k/a REBEKAH SEAUX ~ Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. JASON SEAUX, Defendant N0. 2004-1476 CIVIL ACTION -LAW IN CUSTODY ORDER J'yr~4f AND NOW, this ~i~ day of.~4~ug~at, 2012, ,upon consideration of Petitioner-Attorney's Petition to Withdraw as Plaintiffls counsel, Jennifer L. Spears, Esquire, of Martson Law Offices, is hereby withdrawn as counsel for Plaintiff, Rebekah Lescalleet f/k/a Rebekah Seaux, and Plaintiff shall be considered pro se unless and until she retains counsel. cc: / Jennifer L. Spears, Esquire -Attorney for r Karl Rominger, Esquire -Attorney for Defendant / Ms. Rebekah Lescalleet -Plaintiff Apr ~'S Nn~t.'~~d 9f711 ~ ~~ N ~~ -C ~ -~-~~, ~~ a. Q z ~- ~ m -< ~ N p --~; BY THE COURT, REBEKAH LESCALLEET f/k/a , IN THE COURT OF COMMON PLLAS OF REBEKAII SEAUX, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v NO. 2004-1476 CIVIL ACTION-LAW JASON SFAUX. wi Defendant IN CUSTODY `' WITHDRAWAL AND ENTRY OF APPEARANCE TO TH1 PROTHONOTARY OF SAID COURT: P1.i:ASE withdraw my appearance as attorney of record for the Defendant. .1ason"Beaux, at the above captioned docket. Respectfully submitted by, arRominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Dated: Sled Z6 l3 i Y PLEASE enter my appearance as attorney of record on behalf of the Defendant. .Jason Seaux, at the above captioned docket. Respectfully submitted by: Cara Chrormak Certified Legal Intern MEGAN RIESMEYER COMMUNITY LAW CLINIC 371 West South Street Carlisle, PA 17013 717-243-2968 Fax: 717-243-3639