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HomeMy WebLinkAbout01-6550JESSICA J. LACAVA, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY JON M. FOX, : Defendant : NO. 01- 69~,.~ CIVIL TERM COMPLAINT FOR CUSTODY The plaintiff, Jessica J. Lacava, by her attorneys, the Family Law Clinic, sets forth the following cause of action: 1. The plaintiff is Jessica J. Lacava, residing at 267 Plaza Drive, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. The defendant is Jon M. Fox, residing at 60 South Pin Oak Drive, Boiling Springs, Nflme Marina Eve Fox Cumberland County, Pennsylvania 17007. 3. Plaintiff seeks custody of the following child: Present Residence 267 Plaza Drive Boiling Springs, PA 17007 Date of Birth February 25, 2000 The child was bom out of wedlock. The child is presently in the custody of Jessica J. Lacava. During the past five years, the child has resided with the following persons and at the following addresses: Persons Jessica Lacava Jon Fox Cinda Fox Addresses 11 Shirley Lane Boiling Springs, PA 17007 Dates February-March 2000 Jessica Lacava Jon Fox 267 Plaza Drive March 2000-September 2000 Boiling Springs, PA 17007 Jessica Lacava Jon Fox John Fox Jessica Lacava 60 South Pin Oak Drive Boiling Springs, PA 17007 267 Plaza Drive Boiling Springs, PA 17007 September 2000 -February 2000 February 2000-present 4. The relationship of the plaintiff to the child is that of mother. She is single. She currently resides with the following persons: Name Relationship Marina Fox Daughter 5. The relationship of defendant to the child is that of father. He is single. He currently resides with the following persons: Name Relationship John Fox Father 6. Plaintiff has not participated as a party or wimess, or in another capacity, in other litigation concerning the custody of the child'in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: a) Mother has been the primary care giver of the child since birth; b) Mother has agreed to the Father having frequent contact with the child so that he may develop a strong bond with the child; c)Mother and Father have entered into a Custody Agreement concerning the child. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, plaintiff requests that the court grant her shared legal and primary physical custody of the child. Date: / 1/'2.~/0 I Kar~[n L. Kurts J Certified Legal Intern THOMAS M. PLACE ROBERT E. RAINS TERI L. HENNING Supervising Attorneys FAMILY LAW CLINIC 45 Noah Pitt Street Carlisle, PA 17013 717/243-2968 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Jessica J. Lacava, Plaintiff JESSICA J. LACAVA, Plaintiff JON M. FOX, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY : NO. 01- (~'-~0 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPER[q To the Prothonotary: Kindly allow Jessica J. Lacava, Petitioner, to proceed in forma pauperis. I, Karen L. Kurts, of the Family Law Clinic, Certified Legal Intern, for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal service to the party. Date: Certified Legal Intern T . PLACE ROBERT E. RAINS TERI L. HENNING Supervising Attorneys THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Attorneys for Plaintiff JESSICA J. LACAVA, Plaintiff JON M. FOX, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : IN CUSTODY · NO. 01- (._O5~-~ CIVIL TERM CUSTODY AGREEMENT AND ORDER OF COURT THIS AGREEMENT, made this / ~ ?/i day o£November, 2001, between Jessica J. Lacava, hereinafter Mother, and Jon M. Fox, hereinafter Father, concems the custody of their child, Marina Eve Fox, bom February 25, 2000. Mother and Father are the biological parents of the child and desire to enter into an agreement as to the custody of the child. Mother and Father agree to the following: '1. Mother and Father shall have shared legal custody of the child. 2. Mother shall have primary physical custody of the child, and Father shall have partial physical custody of the child, as set forth in this Agreement. 3. Mother shall have custody of the child each week from Sunday evening through Friday evening. 4. Father shall have custody of the child each weekend, from Friday evening through Sunday evening, at fanes agreed upon by the parties. 5. Mother and Father shall share custody of the child on holidays, as the parties agree. 6 The parties may modify this Order by mutual consent. In the absence of mutual consent, the terms of this Order control. 7. No party to this Agreement and Order will do anything which may estrange the child from the other party, or injure the opinion of the child as to the other party or which may hamper the free and natural development of the child's love and respect for the other party. Father has been informed and understands that the Family Law Clinic represents Mother in this matter, and cannot give him legal advice, except that he should contact his own attorney. Understanding this, Father has decided to proceed without an attorney. 9. The parties intend to be bound by the terms of this Agreement and intend that this Agreement be entered as an Order of the Court. Jessica J. Lacava, Plaintiff J,~'n M. Fox, Defendant / L. Kurts Certified Legal Intern Thomas M. Place Robert E. Rains Teri L. Henning Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, Pa 17013 (717) 243-2968 ORDER AND NOW, this day of is approved and entered as an Order of the Court. ,2001 the above custody agreement BY THE COURT: ".. NOV ! ZO01 JESSICA J. LACAVA, Plaintiff JON M. FOX, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY : NO. 01- ~..05/~ CIVIL TERM CUSTODY AGREEMENT AND ORDER OF COURT THIS AGREEMENT, made this / ~? 'p/~ day of November, 2001, between Jessica J. Lacava, hereinafter Mother, and Jon M. Fox, hereinafter Father, concerns the custody of their child, Marina Eve Fox, bom Febmay 25, 2000. Mother and Father are the biological parents of the child and desire to enter into an agreement as m the custody of the child. Mother and Father agree to the following: 1. Mother and Father shall have shared legal custody of the child. 2. Mother shall have primary physical custody of the child, and Father shall have partial physical custody of the child, as set forth in this Agreement. 3. Mother shall have custody of the child each week from Sunday evening through Friday evening. 4. Father shall have custody of the child each weekend, from Friday evening through Sunday evening, at times agreed upon by the parties. 5. Mother and Father shall share custody of the child on holidays, as the parties agree. 6 The parties may modify this Order by mutual consent. In the absence of mutual consent, the terms of this Order control. 7. No party to this Agreement and Order will do anything which may estrange the ¥1NYA'I~gNN~t~! ~J. NNO0 BO:g~Ig 9gAONlO child from the other party, or injure the opinion of the child as to the other party or which may hamper the free and natural development of the child's love and respect for the other party. 8. Father has been informed and understands that the Family Law Clinic represents Mother in this matter, and cannot give him legal advice, except that he should contact his own attorney. Understanding this, Father has decided to proceed without an attorney. 9. The parties intend to be bound by the terms of this Agreement and intend that this Agreement be entered as an Order of the Court, Jessica J. Lacava, Plaintiff Fox, Defendant K~e~nL. Kurts ' Certified Legal Intern Th~"'mas M Place Robert E. Rains Tefi L. Henning Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, Pa 17013 (717) 243-2968 AND NOW, this ORDER 7.7 {{ d~y of go~,~(~O, 2001 the above c~tody agreement is approved and entered as an Order of the Court. BY THE COURT/"} /"Tt JESSICA J. LACAVA, Plaintiff JON M. FOX, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CWIL ACTION - LAW : IN CUSTODY : NO. 01-6550 CIVILTERM PROOF OF SERVICE Understanding that the making of any false statement would subject her to the penalties of 18 Pa. C.S. Section 4904 (relating to unswom falsification to authorities), the undersigned verifies that Karen L. Kurts mailed a tree copy of the Custody Complaint to the Defendant by placing the same in the U.S. Mail, certified no. 7099 3400 0018 4996 9350, restricted delivery, return receipt requested, postage prepaid, on the 20t~ day of November, 2001 addressed as follows: Jori M. Fox 60 South Pin Oak Dr. Boiling Springs, PA 17007 Sender's receipt no. 7099 3400 0018 4996 9350 is attached hereto and incorporated by reference· On or about the 26~ day of November, 2001, green return receipt card no. 7099 3400 0018 4996 9350 was delivered to the Family Law Clinic, bearing the signature of Jon Fox and showing a date of service of November 23, 2001. The return receipt is attached hereto and incorporated by reference. / Kar~n L. Kurts Certified Legal Intern FAMILY LAW CLINIC 45 N. Pitt St. ~'--':-'- "' '7013 · Comptete items 1, 2, and 3. Also complete Rem 4 if Restricted Delivery Is deelred. · Pflnt your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article ~:ldressed to: delivery addmes d YES, enter delivery 3. Service ' Certified Mall R~glster~:l [] Insured Mall 2. Article Number (Copy from service labeO PS FOrm 3811, JuLy 1999 Oom~stic Return Receipt [] C.O.D. Certified Fee Return Receipt Fee (Endorsement Required) Restricted ~elivery Fee (Endorsement Required) Total Postage & Fses .................... ........................................ JESSICA J. LACAVA, Plaintiff/Respondent JON M. FOX, Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001-6550 IN CUSTODY J. WESLEY OLER, JUDGE .PETITION FOR SPECIAL SEEKING CUSTODY OF MINOR AND NOW, COMES, Jon M. Fox, by and through his attorney, Peter J. Russo, Esquire, and respectfully submits the following in support of Defendant's Petition for Special Relief Seeking Custody: 1. The petition of Jon M. Fox respectfully represents that on November 19, 2002, a Custody Order was entered by this Honorable Court setting forth the parties respective custody rights. A true and correct copy of which is attached as Exhibit 1. 2. Respondent has failed to comply with the above-referenced Custody Order and a Petition for Modification and Contempt has been filed with this Court. A true and correct copy of which is attached as Exhibit 2. 3. Jessica J. Lacava, mother, has removed Marina Eve Fox, daughter, from the State of Pennsylvania and has kept her in the Commonwealth of Virginia, thereby separating her from Jon M. Fox, father. 4. This past weekend, Respondent invited Petitioner to drive to Virginia to pick up the subject minor child. 5. Upon father's arrival, Mother refused to deliver the child. 6. To the best of Petitioner's knowledge, Respondent is without a permanent residence and lives with friends while in Virginia. 7. To the best of Petitioner's knowledge, the temporary residence that Respondent utilizes in Virginia, is inappropriate for the subject minor child. 8. Petitioner is currently unaware of the physical well-being of the subject minor child. 9. The best interests of this child would be served if the child were returned to the Commonwealth of Pennaylvania, as all relevant contacts are with Pennsylvania. 10. The Respondent and the subject minor child have no ties to the Commonwealth of Virginia. 11. Cumberland County, Pennsylvania is the home county of the subject minor child, as this child has resided in Cumberland County her entire life. WItEREFORE, Petitioner requests this Honorable Court to order the return of the minor child, Marina Eve Fox to the jurisdiction of this Court or that physical custody of the minor child be placed with Petitioner until further hearing on this matter. Date: [12l ~ Peter J. Russo Attorney for Defendant/Petitioner JESSICA J. LACAVA Plaintiff JON M. FOX Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. 2001 - 6550 CIVIL TERM VERIFICATION I, Jon M. Fox, verify that the statements made in the foregoing document are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. {}4904 relating to unswom falsification to authorities. Date: N M. FOX Exhibit A J()N ,',.i l)cfcndam CUSTODY AGREEMENT AND ORDER OF COURT THIS AGREEMENT, made this / ~' ?J1 day of'Novemher. 2001, between Jessica J J ;Ik';l\il. ]lCl'eill~/['tcl' Mother. ;lllct Jon M Fox. J'lel'einLll'tei' Father. collCClllS thc custod? of' ihci~ Mother und Father are the biological parents of the child and dcs~rc to enter rolo ~m ugreement ~ to the custody of the child Mother and Father agree to the following: Mother and Father shall have shared legal custody of ll~e child Mother shall have primaly physical custody of the child. 'and Father shall haxc pm~ial physical custody of the child, ~ set folxh in this Agreement 3. Mother shall have custody of the child, each week fi'om Sunday evening through Friday evening 4 Father shall have custody of dm child each weekend, li'(mn Friday evening through Sunday evening, at times agreed upon by the pailics 5 Mother and Father shall share custody of the ch/id on hol/days, as the part/cs agree 6 Tim proxies may modify this Order by mutual consent In the absence of mutt~aJ consent, the tem]s of this Order control 7 No proxy to this Agreement and Order will do anydHng ~x hich may estrange lhe Father has been informed and understands that tile Falmlv l.aw Clinic represents Mother in this matter, and cannot g~ve him legal advice, except that he should contact his own attorney Understanding this, Father has decided to proceed without an a,orney. 9 Jessica J. Lacava, Plaintiff KaJ'en L. Kur/.s Certified Legal Intern Tliomas M. Plac~ Robert E. Rains Teri L. Henning Supervising Attorneys FAMILY I,AW CI,INIC 45 North Pitt Street Carlisle, Pa 17013 (717) 243-2968 Thc parties intend to he bound by tile telms of this Agreement and intend that this Agreement be entered as an Order of the Court nM Fox, Defendant ORDER AND NOW, this ~ 7'~ day of ~ , 2001 tile al)m,'e custody agreement is approved and entered as an Order o/'fl~e ('ourt BY THE COl RT J COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JESSICA J. LACAVA, Plaintiff/Respondent JON M. FOX, Defendant/Petitioner CIVIL ACTION - LAW IN CUSTODY NO: 2001 - 6550 CIVIL TERM J. WESLEY OLER, JUDGE ORDER OF COURT You, Jessica J. Lacava, have been sued in court to modify custody, partial custody or visitation of the child: Marina Eve Fox. You are ordered to appear in person at on __ ,2002, at .m., for a conciliation or mediation conference. a pretrial conference. a hearing before the court. If you fail to appear as provided by this order, an order for custody, partial custody or visitation may be entered against you or the court may issue a warrant for your arrest. FOR THE COURT, Distribution List: Peter J. Russo, Esquire - Counsel for Petitioner Teri L. Henning, Esquire - Counsel for Respondent Jessica J. Lacava - Plaintiff/Respondent By:. J. WESLEY OLER, JUDGE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JESSICA J. LACAVA, Plaintiff/Respondent Vo JON M. FOX, Defendant/Petitioner CIVIL ACTION - LAW IN CUSTODY NO: 2001 - 6550 CIVIL TERM J. WESLEY OLER, JUDGE PETITION FOR MODIFICATION OF A PARTIAL CUSTODY OR VISITATION ORDER and CONTEMPT AND NOW, COMES, Jon M. Fox, by and through his counsel, Peter J. Russo, Esquire and aver the following in support of their petition for Modification and Contempt: Order was enter by this Honorable Court which set forth the parties respective custody rights. true and correct copy of which is attached as Exhibit 1. The petition of Jon M. Fox respectfully represents that on November 19, 2002, a Custody A 2. Respondent has failed to comply with the Custody Order in the following manner: a) Pursuant to paragraph 4, Jessica J. Lacava, mother, consistently over the last three weekends has not allowed Jon M. Fox, father, to share in the custody of their daughter, Marina Eve Fox. b) Pursuant to paragraph 7, Jessica J. Lacava, mother, has removed Marina Eve Fox, daughter, from the State of Pennsylvania and separated her from Jon M. Fox, father. 3. A copy of this Petition has been provided to Respondent's last counsel of record, Ter/ L. Henning, Esquire via telecopier on the undersigned day. WHEREFORE, Petitioner requests that the Court modify the existing Order £or a modification of the custody schedule providing Petitioner with primary custody, as it will be in the best interest of the chi Id. Date: Respectfully submitted, Peter J. Russo, Attorney for Defendant/Petitioner JESSICA J. LACAVA : Plaintiff : . V. : . JON M. FOX : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. 2001 . 6550 CIVIL TERM VERIFICATION I, Jon M. Fox, verify that the statements made in the foregoing document are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: i 3J-" ~- JON M. FOX i 'x \) TH I~ A ¢ J t?. EI'!M ENF, made th i~ ('1 S'I'OI)Y A(;RI~EMENT AND ORDER OF ('(H RT agt cement as to the custody of die child Molher and Father agree to lhe following Mother and F'ad~er shall haxc ~;haled legal custody o{'lhc 2 Xlt ther shall have pFII)lilI5' physical custody of thc child dlld i:athcl' shah Flax c partial physical custody of the ch/Id, as set fo~xh in this 3 Mother shall have cttslody oJ thc child each ktcck fi'om Nundu} C~CI)Illg Friday evening 4 Father shah have ct~sIody oF the child each weekend. J'l't~rx~ Friday cvel~illg through Sunday evening, at times agreed upon by the panics 5 ~JOlhCl' and Father shah share distody nffl~e child on h~,rnhlx $ i/gl'cc }'he parties may modif'v lhis( )]dCI /~f Illtllllal COIISCIll Jrl :hc ;I]qSOIICU ol' Illlltudl M~thcr in /his manet, and cannot g~ve Mm legal adxqcu, cxcq)/ [hal hc ~}louL} JessicaJ l,acaxa. Thom~M Place Robe~l E Rains '['eri L t lenning S tlDel'VlSillg AHorl/eys FAMILY I,AW ('I,INI(' 45 No~th Pitt Street Carlisle, Pa 17013 (717) 243-2968 J/~n M F~)x, DelCnda~n / ORDER AND NO\V, this 17~ COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JESSICA J. LACAVA, Plaintiff/Respondent JON M. FOX, Defendant/Petitioner CIVIL ACTION - LAW IN CUSTODY NO: 2001 - 6550 CIVIL TERM J. WESLEY OLER, JUDGE CERTIFICATE OF SERVICE I, Melissa M. Mehaffey, hereby certify that ! am on this day serving a copy of the foregoing Petition for Modification of Custody upon the person (s) and in the manner indicated below: Teri L. Henning, Esquire Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 Jessica Lacava 267 Plaza Drive Boiling Springs, PA 17007 Date Mel~ssa M. Mehaffey ~. {.? ,.,/ COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JESSICA J. LACAVA, Plaintiff/Respondent JON M. FOX, Defendant/Petitioner CIVIL ACTION - LAW IN CUSTODY NO: 2001 - 6550 CIVIL TERM J. WESLEY OLER, JUDGE CERTIFICATE OF SERVICE I, Melissa M. Mehaffey, hereby certify that I am on this day serving a copy of the foregoing Petition for Special Relief Seeking Custody upon the person (s) and in the manner indicated below: Teri L. Henning, Esquire Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 Jessica Lacava 267 Plaza Drive Boiling Springs, PA 17007 D~tte lissa M. Mehaffey ~(~ ' COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JESSICA J. LACAVA, : Plaintiff/Respondent : ; V. ; ; JON M. FOX, : Defendant/Petitioner : CIVIL ACTION - LAW IN CUSTODY NO: 2001 - 6550 CIVIL TERM J. WESLEY OLER, JUDGE PETITION FOR MODIFICATION OF A PARTIAL CUSTODY OR VISITATION ORDER and CONTEMPT AND NOW, COMES, Jon M. Fox, by and through his counsel, Peter J. Russo, Esquire and aver the following in support of their petition for Modification and Contempt: 1. The petition of Jon M. Fox respectfully represents that on November 19, 2002, a Custody Order was enter by this Honorable Court which set forth the parties respective custody rights. A true and correct copy of which is attached as Exhibit 1. 2. Respondent has failed to comply with the Custody Order in the following manner: a) Pursuant to paragraph 4, Sessica J. Lacava, mother, consistently over the last three weekends has not allowed Jon M. Fox, father, to share in the custody of their daughter, Marina Eve Fox. b) Pursuant to paragraph 7, Sessica J. Lacava, mother, has removed Marina Eve Fox, daughter, from the State of Pennsylvania and separated her t}om ~on M. Fox, father. 3. A copy of this Petition has been provided to Respondent's last counsel of record, Teri L. Henning, Esquire via telecopier on the undersigned day. WHEREFORE, Petitioner requests that the Court modify the existing Order for a modification of the custody schedule providing Petitioner with primary custody, as it will be in the best interest of the child. Date: Respectfully submitted, Peter J. Russo, Attorney for Defendant/Petitioner JESSICA J. LACAVA : Plaintiff : : V, .' : JON M. FOX : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. 2001 - 6550 CIVIL TERM VERIFICATION I, Jon M. Fox, verify that the statements made in the foregoing document are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. {}4904 relating to unsworn falsification to authorities. Date: ,~[/C)N M. FOX Dc fen dan I iN I'IH:. COl R I ¢)1: ( ~)Mkl()X PI Ii \~ ()1 ('[X, II,A('II()X I IN ('I :S I ()I)~ NO 01- CUSTODY AGREEMENT AND ORDER OF COURT THIS AGREEMENT, made this / i '/]1 day ofNlovennhcn 20(¢ I, between Jess/ca J I.acaxa. hereinafter Mother, andJon M Fox. hereinaFterFalhct.concc~nsthccustodyo~d~cn child, Marina Eve Fox. bom Fdmnu'y 25.2{~0¢~ Mother and Father m'e the biological parents of the child and desire to enter into an agreement ~ to the custody of the child. Mother and Father agree to the following: Mother and Father shall have shared legal custody of thc child 2 Mother shall have pri~nm~ physical custody of the child, and Father shall ha~e pmtial physical custody of the child, ~ set forth in this Agreement 3. Mother shall have custody of the child each week fi'om Sunday evening fln'ough Friday evening 4 Father shall have custody of ibc child each weekend, ht~m F~ ktay evening through Sunday evening, at tim~s agreed upon by the panics 5 Mother and Father shall share custody of the child on holidays, as the pml~cs agree 6 Thc pmlies may modi[v ~his Om'der hy nmtual consent In thc absence oF mttlual consent, the terms of this Order control 7 No proxy to this Agreemcn~ a~lcl Order will do anything which may estrange thc 9 Jessica J Lacava, Plaintiff ~;~'en L. Kull~ / ' -- Certified Legal Intern ""T~mas M~ Place Robert E Rains Ter/L. Henning Supervising Attorneys FAMILY LAW CL1NIC 45 North Pitt Street Carlisle, Pa 17013 (717) 243-2968 ~cspcc/ liar thc olhc~ Father has been informed and understands that the Family l.aw ('lmic Mother in this matter, and cannot give him legal advice, except that he should contact his own attorney Understanding this, Father has decided to proceed without an attorney The parties intend to be bound b3 the te~s of this Agreement and intend that this Agreement be entered ~ an Order of the Coral. nM. Fox, Defendant ORDER AND NOW, this o/_ ~ ~ day of ~ ~s approved and emoted as an Order of the Court ,200I the above custody agreement BY TtlE ('OUP, T J COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JESSICA J. LACAVA, Plaintiff/Respondent JON M. FOX, Defendant/Petitioner CIVIL ACTION - LAW IN CUSTODY NO: 2001 - 6550 CIVIL TERM J. WESLEY OLER, JUDGE CERTIFICATE OF SERVICE I, Melissa M. Mehaffey, hereby certify that I am on this day serving a copy of the foregoing Petition for Modification of Custody upon the person (s) and in the manner indicated below: Teri L. Henning, Esquire Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 Jessica Lacava 267 Plaza Drive Boiling Springs, PA 17007 Date Mel~ssa M. Mehaffey Uu/~ PENNSYLVP~NIA COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JESSICA J. LACAVA, : Plaintiff/Respondent : V. ; JON M. FOX, : Defendant/Petitioner : CIVIL ACTION - LAW IN CUSTODY NO: 2001 - 6550 CIVIL TERM J. WESLEY OLER, JUDGE PETITION FOR MODIFICATION OF A PARTIAL CUSTODY OR VISITATION ORDER and CONTEMPT AND NOW, COMES, Jon M. Fox, by and through his counsel, Peter J. Russo, Esquire and aver the following in support of their petition for Modification and Contempt: 1. The petition ofJon M. Fox respectfully represents that on November 19, 2002, a Custody Order was enter by this Honorable Court which set forth the parties respective custody rights. A tree and correct copy of which is attached as Exhibit 1. 2. Respondent has failed to comply with the Custody Order in the following manner: a) Pursu_ant to paragraph 4, Jessica J. Lacava, mother, consistently over the last three weekends has not allowed Jon M. Fox, father, to share in the custody of their daughter, Marina Eve Fox. b) Pursuant to paragraph 7, Jessica J. Lacava, mother, has rvmoved Marina Eve Fox, daughter, fi.om the State of Pennsylvania and separated her from Jon M. Fox, father. 3. A copy of this Petition has been provided to Respondent's last counsel of record, Ted L. Henning, Esquire via telecopier on the undersigned day. WHEREFORE, Petitioner requests that the Court modify the existing Order for a modification of the custody schedule providing Petitioner with primary custody, as it will be in the best interest of the child. Date: Respectfully submitted, Peter J. Russo, Attorney for Defendant/Petitioner JESSICA J. LACAVA : Plaintiff : : v. : : JON M. FOX : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. 2001 - 6550 CIVIL TERM VERIFICATION I, Jon M. Fox, vedfy that the statements made in the foregoing document are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. ~4904 relating to unswom falsification to authorities. Date: ,~on M. FOX M Defendant IN l'lJt?. ('OIiRI ()F ( ()'xl'~l()N Plli.\~, ('I !MBERI.,.\NI) (.'{)t "x I Y, I'I.'NN~YI \'A XI..\ ('l\;ll. A("I I()'x - I .\\\ IN ('I :N'I'()I)'~' NO. 01- CUSTODY AGREEMENT AND ORDER OF ('OI;RT THIS AGREEMENT, made this / ~ day of November. 20q i, between Jessica J l.'acava, hcreinatierMother, andJon M Fox. hereinafterFalhcr, conccrnstl~ccustodx otlhcit child, Marina Eve Fox, bom February 25.2(~00 Mother and Father are the biological parents of the child and desire to enter into an agreement ~ to the custody of the child. Mother and Father agree to the following: Mother and Father shall have shared legal custodv of the child 2. Mother shall have primmy physical custody of the child, and Father shall have pmtial physical custody of the child, ~ set folth in this Agreement. 3. Mother shall have custody of the child each week fi'om Sunday evening fln'ough Friday evening, 4 Father shall have custody oi'll~c child each weekend, fi'om I:riday evening through Sunday evening, at tin]es agreed upon by the palsies Mother and Father shall share custody of the child on holidays, as the pm'tics agree. Thc pa~lies may modi(v tiffs Order hy mutual conscnl In thc absence consent, the terms of this Order control 7. No pmly to this Agreement and Order will do anything which may estrange Father has been informed and understands that the Family lx~w ('lmlc represents Mother in this mattel', and cannot give him legal advice, except that he should contact his own attorney. Understanding this, Father has decided to proceed without an attorney 9. The parties intend to be botmd by the terms of this Agreement and intend that this Agreement be entered as an Order of the Court. Jessica J. Lacava, Plaintiff kal'eh L. KunTs --~ Certified Legal Intern ~h~mas M. Place Robert E. Rains Te~i L. Henning Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Slrcc! Carlisle, Pa 17013 (717) 243-2968 nM. Fox, Defendant ORDER AND NOW, this R. 7 ~'~ day of ~ , 2001 tile above custody agreement is approved and entered as an Order cd'the ('ourt. 7. ~m. , I/Y 'I'I~1f~ ('OLIRT J COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JESSICA J. LACAVA, Plaintiff/Respondeut V. JON M. FOX, Defendant/Petitioner CIVIL ACTION - LAW IN CUSTODY NO: 2001 - 6550 CIVIL TERM J. WESLEY OLER, JUDGE CERTIFICATE OF SERVICE I, Melissa M. Mehaffey, hereby certify that I am on this day serving a copy of the foregoing Petition for Modification of Custody upon the person (s) and in the manner indicated below: Teri L. Henning, Esquire Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 Jessica Lacava 267 Plaza Drive Boiling Springs, PA 17007 Date MelisSa M. M~haffey ' £/[J ~/ A ~mrv~O I0 lbo ~ommu~tity by Mud~tu from TM Diddmo~ 8~ho~l of law or TI~e Pmm~ylvan ~ Unlvmhy ID: FEB FAMILY LAW CLINIC 05 '02 15:58 No.O05 P.02 February 5, 2002 BV FACSIMILE Thc Honorable J. Wesley Olcr Cumberland County Court House 3 South Hanover Street Carlisle, PA 17013 Re: Lacava v. Fox Docket No. 01-6550 Dc. ar Judge Oior, The Family Law Clinic represents Jessica J. Lacava, the Plaintiff/Rcspondent in thc above referenced matter. On Thur.~day, ]~,n,,,ry 31, 2002, we r~eived a f~ copy of~c Petition for ModJfiea~o~Conlempl filed by Mr. Russo (on behalf of Mr. Fox). Yv~caday, wc rc~iv~ a ~py office Putition for Special Relief, fll~ on J~u~ 31, 2~2, by Mr. Russo. We int~d lo file a wrillen response to ~c Petition for S~eial Relief ~d ask ~1 you ~ve ~ unfl Friday, February 8, 2002, to do In the meantime, it is our understanding tha! Mr. Fox currently has temporary physical custody of the parties' child, Marina E. Fox (DOB 2/25/00), pursuant to an agrvomont of the parties. As a resull, wc do not believe that thoro is any need for immediate action by the Court, Thank you in advance for your consideration of our request. Rcspeetft Elizabeth ,.. n~,~-~ C~ified Legal Intern g: c s. Olcc. , cc: Peter J, Russo, Esquir~ (By Facsimilc) PENN~TAll~ The Dickinson School of Law A. Pnu~i JESSICA J. LACAVA : : PLAINTIFF : V. : 01-6550 : JON M. FOX DEFENDANT : 1N CUSTODY _. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW AND NOW, Tuesday, February 12, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, March 06, 2002 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. 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/ ]acaueline M. Vernev. Esa. ~ 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 JESSICA J. LACAVA, Plaintiff/Respondent JON M. FOX, Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CML ACTION - LAW NO. 2001 -6550 IN CUSTODY J. WESLEY OLER, JUDGE PETITION FOR SPECIAL RELIEF SEEKING CUSTODY OF MINOR CHILD AND NOW, COMES, Jon M. Fox, by and through his attorney, Peter J. Russo, Esquire, and respectfully submits the following in support of Defendant's Petition for Special Relief Seeking Custody: 1. The petition of Jon M. Fox respectfully represents that on November 19, 2002, a Custody Order was entered by this Honorable Court setting forth the parties respective custody rights. A tree and correct copy of which is attached as Exhibit 1. 2. Respondent has failed to comply with the above-referenced Custody Order and a Petition for Modification and Contempt has been filed with this Court. A tree and correct copy of which is attached as Exhibit 2. 3. Jessica J. Lacava, mother, has removed Marina Eve Fox, daughter, from the State of Pennsylvania and has kept her in the Commonwealth of Virginia, thereby separating her from Jon M. Fox, father. 4. This past weekend, Respondent invited Petitioner to drive to Virginia to pick up the subject minor child. 5. Upon father's arrival, Mother refused to deliver the child. 6. To the best of Petitioner's knowledge, Respondent is without a p~nnanent residence and lives with fi'iends while in Virginia. 7. To the best of Petitioner's knowledge, the temporary residence that Respondent utilizes in Virginia, is inappropriate for the subject minor child. 8. Petitioner is currently unaware of the physical well-being of the subject minor child. 9. The best interests of this child would be served if the child were returned to the Commonwealth of Pennsylvania, as all relevant contacts are with Pennsylvania. 10. The Respondent and the subject minor child have no ties to the Commonwealth of Virginia. 11. Cumberland County, Pennsylvania is the home county of the subject minor child, as this child has resided in Cumberland County her entire life. WHEREFORE, Petitioner requests this Honorable Court to order the return of the minor child, Marina Eve Fox to the jurisdiction of this Court or that physical custody of the minor child be placed with Petitioner until further hearing on this matter. Peter J. Russo Attorney for Defendant/Petitioner JESSICA J. LACAVA : Plaintiff : ,, V. : JON M. FOX : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. 2001 - 6550 CIVIL TERM VERIFICATION I, Jon M. Fox, vedfy that the statements made in the foregoing document are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Date: ,~ON M. FOX I"OX, Defendant IN I'ttl:C()I:RI ()1 ( ()~IM()N 1)[t \~ ('I',MBERI.,.\NI) ('()/'NI Y, I'liNN,~YI V,.\\'I,\ ('IVII,A('TI()N- I ,\%,\ CUSTODY AGREEMENT AND ORDER OF COURT THIS AGREEMENT, made this / ~.~l! day of November. 2001, between Jess/ca J l.nc:lv~, hcrcinal'ter Mother, and Jon M l:c~x, hereinafter Father. concc~ ns thc custt)cty of thci~ , hild. M:n'ina I~vc Fox. bon~ l:chruarv 25.2(!~){) Mother and Father are the biological ~arents of the child and dcsn-e to enter into an agreement ~ to the custody of the child Mother and Father agree to the following: I Mother and Father shall have shared legal custody of the child 2. Mother shall have primmy physical custody of the ch/id, and Father shall have pmxial physical custody of the child, ~ set fo~lh in this Agreement. 3. Mother shall have custody of the child, each week fi'om Sunday evening through Friday evening. 4. Father shall have custody of the child each weekend, fi'cma Friday evening through Sunday evening, at times agreed upon by the pm~ies 5. Mother and Father shall share custody of the child on htdidays, as the panics agree 6 The pm~ies may modit~ this Order by mutual consent In the absence o[nltttual consent, the temas of this Order control. 7 No pa~ty to this Agreement and Order will do anything which may estrange the child 1'1'o111 lilt olJlt~l' txll'Iy. Ol IIl. jtll'c [hc OpllliOli ol'lbc chlhj .}:, ~ thc t~lJ/~.'l' JxH T', respect fi',r Ibc other Father has been informed and understands that tile Family l.aw (?linic represents Mother in this matter, and canno! give him legal advice, except that he should contact his own attorney. Understanding this, Father has decided to proceed without an attorney Jessica J. Lacava, Plaintiff L. Ku/'ts Certified Legal Intern ~6'~mas M. Place Robert E. Rains 'l'eri L. Henning Supervising Attorneys FAMILY LAW CI,INIC 45 North Pitt Street Carlisle, Pa 17013 (717) 243-2968 The part/es intend to be bound by the temps of this Agreement and intend that this Agreement be entered ms an Order of the Corn1. J~n M. Fox, Defendant ORDER AND NOW, this R. 7 '~ day of ~ , 2001 tile almve custody agreement is approved and entered as an Order of THE ('OL.IRT COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JESSICA J. LACAVA, : Plaintiff/Respondent : V. : JON M. FOX, : Defendant/Petitioner : CIVIL ACTION - LAW IN CUSTODY NO: 2001-6550 CIVIL TERM J. WESLEY OLER, JUDGE ORDER OF COURT You, Jessica J. Lacava, have been sued in court to modify custody, partial custody or visitation of the child: Marina Eve Fox. You are ordered to appear in person at on ,2002, at __.m., for a conciliation or mediation conference. a pretrial conference. a hearing before the court. If you fail to appear as provided by this order, an order for custody, partial custody or visitation may be entered against you or the court may issue a warrant for your arrest. Distribution List: Peter J. Russo, Esquire - Counsel for Petitioner Teri L. Henning, Esquire - Counsel for Respondent Jessica J. Lacava - Plaintiff/Respondent FOR THE COURT, By: J. WESLEY OLER~ JUDGE 2 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JESSICA J. LACAVA, : Plaintiff/Respondent : V. .' JON M. FOX, : Defendant/Petitioner : CIVIL ACTION- LAW IN CUSTODY NO: 2001 - 6550 CIVIL TERM J. WESLEY OLER, JUDGE PETITION FOR MODIFICATION OF A PARTIAL CUSTODY OR VISITATION ORDER and CONTEMPT AND NOW, COMES, Jon M. Fox, by and through his counsel, Peter J. Russo, Esquire and aver the following in support of their petition for Modification and Contempt: 1. The petition of Jon M. Fox respectfully represents that on November 19, 2002, a Custody Order was enter by this Honorable Court which set forth the parties respective custody rights. A true and correct copy of which is attached as Exhibit 1. 2. Respondent has failed to comply with the Custody Order in the following manner: a) Pursuant to paragraph 4, Jessica J. Lacava, mother, consistently over the last three weekends has not allowed Jon M. Fox, father, to share in the custody of their daughter, Marina Eve Fox. b) Pursuant to paragraph 7, Jessica J. Lacava, mother, has removed Marina Eve Fox, daughter, from the State of Pennsylvania and separated her from Jon M. Fox, father. 3. A copy of this Petition has been provided to Respondent's last counsel of record, Ted L. Henning, Esquire via telecopier on the undersigned day. WHEREFORE, Petitioner requests that the Court modify the existing Order for a modification of the custody schedule providing Petitioner with primary custody, as it will be in the best interest of the child. Date: Respectfully submitted, Peter J, Russo, Attorney for Defendant/Petitioner JESSICA J. LACAVA : Plaintiff : : v. .' : JON M. FOX : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. 2001 - 6550 CIVIL TERM VERIFICATION I, Jon M. Fox, verify that the statements made in the foregoing document are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: -, _ (, ::~ ~. ~¢. JON M. FOX TI-IFS ,'\(;P, EEM ENT, made ll~fs · ,'.\ d. ilUiCIII~IItCF ~]OlhCl', ~'llld loll ~1 N() ()l..(.f<_.),,.) ( IVll ('I~STOD¥ .A(;I~,EEM~NT AND ORDER ()1:("()1 P,T / ~./'/il day of'Novcr, fl'wr. £¢,()1. between .h.'~s c:/ I f't~X. !!CIC{IIdfIL'I' Falhcr, kt~llk Lq I1~ ',Ilk' CllS/Od\ Of ~,',i. \l,llln;i I ~c I'*~x born I:cbT'n;ll\ ',u :, Xlotllur and Father arc thc bioh>gfcal 0arunts o/'fl]c child m~d ,Ic<~v t,, Clllel' iiiio ;ti/ agrccnqent as to the custody of the child Molher and Father agree to the following Mother and Father shall have shared legal custoch' of~hc ~hih] 2 Mother shall have prmaa:T physical custody af thc chiId, und I"atiacrshail haxc partial physical custody of the child, as set fo~h in tills ..~ruunl~nl 3 Mother shall have cuslody oJ'thc child each week l'rom ~tllld;I} C~Cl)lllg lhlough Friday evening 4 Father shall have custody (d' t)~o child each weekend, liom Friday evening through Sunday evening, at times agreed upon by the paints Molher ;llld F;lthcr shall share custody office child on h~,lniax s. as the pan~<,s agree 0 Thc pluqies may modil'v this ()t'dcr by mutual conSenl In thc 4hsencc Ol'T]qUtUtd cansent, the terms of'this ()t'de~ control 7 No pznly ~O this Agreement illld ()i'deF will cio ;mything ~x h~c'h IUd)' estrange lbo Father has been infamtect and understands that the f:an~ib,' Mother in this matter, and cann(x ~ve him legal advice. contact his own attorney I ;ndcrslandmg th/s, Father ha~ duc;Mad to proceed w~thaut an Fhc ixn'ties mlcnd to bu bound h,, the terms of this Agreement ~nu.t intend that ~4;r~ M Fox, Dclcndunl Agreement be entered as an ()~dcr of thc Cotn't Jess/ca J l.ac:lv;/, Plaintiff ('enified l.cg;ll Inlcrn Thom~M Place Robe~lE Rains 'I'eri L. l-lennin~ Supervising Attorneys FAMILY 1.AW ('I,INI(' 45 Norlh Pitt Strcel Carlisle, Pa 17013 (717) 243-2968 ORDER AND NO\V, this ,2 7 ~ ctav of .7~.v.~,~ . 2001 thc ;ll'x~xu ~.uslodv ;Igrcumcn! ;q)provcd :'tnd cnlclc(! ;is ;tn Order ol'lhc (ii[i t;'Y l'llli ( t)/:l< I /¢__dt__ ...... ,I COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JESSICA J. LACAVA, : Plaintiff/Respondent : V. : JON M. FOX, : Defendant/Petitioner : : CIVIL ACTION - LAW IN CUSTODY NO: 2001 - 6550 CIVIL TERM J. WESLEY OLER, JUDGE CERTIFICATE OF SERVICE I, Melissa M. Mehaffey, hereby certify that I am on this day serving a copy of the foregoing Petition for Modification of Custody upon the person (s) and in the manner indicated below: Teri L. Henning, Esquire Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 Jessica Lacava 267 Plaza Drive Boiling Springs, PA 17007 Date Melissa M. Mehaffey /- ~]// COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JESSICA J. LACAVA, : Plaintiff/Respondent : V. ; JON M. FOX, : Defendant/Petitioner : CIVIL ACTION - LAW IN CUSTODY NO: 2001 - 6550 CIVIL TERM J. WESLEY OLER, JUDGE CERTIFICATE OF SERVICE I, Melissa M. Mehaffey, hereby certify that I am on this day serving a copy of the foregoing Petition for Special Relief Seeking Custody upon the person (s) and in the manner indicated below: Teri L. Henning, Esquire Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 Jessica Lacava 267 Plaza Drive Boiling Springs, PA 17007 D~tte Melissa M. Mehaffey ~ ~ MAR 0 G ?0O2 JESSICA J. LACAVA, Plaintiff V. JON M. FOX, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ._ : NO. 2001-6550 CIVIL TERM : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT ANDNOW, this [[~'h dayof ~t.~ &In ,2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Jessica J. Lacava, and the Father, Jon M. Fox, shall have shared legal custody of Marina Eve Fox, bom February 25, 2000. Each parent shall have an equal right, to be exemised 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. 2. The parties shall have shared physical custody of the child on the following schedule: A. The parties shall alternate physical custody of the Child every two weeks consistent with the present schedule, with the transfer occurring on Sundays at 11:00 a.m., unless otherwise agreed by the parties. B. The receiving party shall be responsible for transportation of the child. Exchanges shall occur at each party's residence unless otherwise agreed by the parties. 3. The parties shall share physical custody of the Child on holidays as follows: Thanksgiving. Mother and Father shall alternate custody of Marina on Thanksgiving Day. In odd numbered years, Father shall have custody of Marina on Thanksgiving Day, in even numbered years, Mother shall have custody of Marina on Thanksgiving Day. Christmas. Mother and Father shall alternate custody of Marina on Christmas as follows: The Christmas holiday will be divided into two time · ,, ,, . th il periods each year. Period A will be December 24 at noon unt December 25th at noon. Period "B' will be December 25th at noon until December 26th at noon. In even numbered years, Mother will have custody of Marina during Period B, and Father will have custody during Period A. In odd numbered years, Mother will have custody of Marina during Period A, and Father will have custody during Period B. VINVA'iASNN]d A,,bNN~ 9 ,,~i~ ,~,rl',~,~tNO C. Easter. Mother and Father shall alternate custody of Marina on Easter Day. In odd numbered years, Father shall have custody of Marina on Easter Day, in even numbered years Mother shall have custody of Marina on Easter Day. D. Mother shall have custody of Marina each Mother's Day and Father shall have custody of Marina each Father's Day. E. Mother and Father shall share all other holidays as they agree. 4. The parties agree that Cumberland County shall remain the home county so long as the child spends 3 5% of her time in Cumberland County. 5. Neither party shall do anything that may estrange the child from the other party, or injure the opinion of the child as to the other party, or may hamper the free and natural development of the child's love or affection for the other party. 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. cc: Pet~cr.J:Russo, Esquire, Counsel for Father ~Georgi~:ta~Howells, certified legal intem ~i~I-Ienning, Esquire, Family Law Clinic, Counsel for Mother BY THE COURT, J~Cesley Oler, J-.~ - NIAlt 0 $ 2002 JESSICA J. LACAVA, Plaintiff V. JON M. FOX, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ._ : 2001-6650 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY PRIOR JUDGE: J. Wesley Oier, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY 1N CUSTODY OF Marina Eve Fox February 25, 2000 shared 2. A Conciliation Conference was held in this matter on March 6, 2002, with the following individuals in attendance: Father's counsel, Peter J. Russo, Esquire and the Mother, Jessica J. Lacava, with her counsel, Georgina Howells, certified legal intern, Teri Henning, Esquire, Dickinson Family Law Clinic. 3. A prior Order of Court, dated November 27, 2002 was entered by the Honorable J. Wesley Oler, Jr. that provided the parties with shared legal custody, Mother with primary physical custody of the child, and Father with every weekend from Friday to Sunday. When Mother withheld weekend custody, Father filed an Emergency Petition. Without having the Emergency Petition heard, the parties agreed to a shared physical custody arrangement, two weeks on/two weeks off. The Emergency Petition was then referred to Conciliation. Prior to the Conciliation Conference, the parties were unable to reach agreement on the issue of continuing jurisdiction since Mother has moved to Virginia. 4. The parties agreed to the entry of an Order in the form as attached. Date ~cqd61ine M. Verney, Esquire d Custody Conciliator