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Home My WebLink About08-7391MARLIN E. RUSSELL, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW CIVIL TERM o F . 93 .9 6'?a %.¢,._ COURTNEY N. JONES, Defendant. IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, Marlin E. Russell, Jr., by and through his attorneys, IRWIN & McKNIGHT, and presents the following Complaint for Custody: 1. The Plaintiff is MARLIN E. RUSSELL, JR., an adult individual residing atl844 Basin Hill Blvd, Carlisle, Pennsylvania 17015. 2. The Defendant is COURTNEY N. JONES, an adult individual residing at 131 Ridge Drive, Apt. 2, Carlisle, Pennsylvania 17015. 3. The parties are the natural parents of a minor child, namely JAYDEN M. RUSSELL, born November 5, 2004, age 4 years. 4. The child has resided since birth at the following address: 5. Plaintiff desires shared legal and physical custody of the minor child. 2 6. Plaintiff knows of no other person who has a right to custody or partial custody of the child. 7. The best interest of the minor child requires that the court grant the Plaintiffs request as set forth above. WHEREFORE, Plaintiff respectfully seeks the entry of an Order of Court seeking primary physical custody of the minor child and primary legal custody with periods of visitation to Defendant as can be mutually arranged between the parties. Respectfully submitted, IRWIN & McKNIGHT By: Matthew A. NfilCnight, Esquire Attorney for Plaintiff, Marlin E. Russell, Jr. 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Supreme Court I. D. No. 93010 Date: December 19, 2008 3 VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. MARLINE. RUSSELL, JR. Date: t? ?? O f'..7 r`a ,3 9 3 f t'1 Y Crl 4 f ?- MARLIN E. RUSSELL, JR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-7391 CIVIL ACTION LAW COURTNEY N. JONES IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, December 30, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, January 19, 2009 at 11:30 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/ ohn . Man an r. Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ??, ? ?y? -?' '?,'" ?a? (/ `'r? .??'/c` ° fir' z. ?? ?. ??, . ? ,.. - ?.z i 'JAN 9 n 2009 MARLIN E. RUSSELL, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-7391 CIVIL ACTION LAW COURTNEY N. JONES, IN CUSTODY Defendant ORDER OF COURT AND NOW this Z fday of January 2009, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Legal Custody: The Father, Marlin E. Russell, Jr., and the Mother, Courtney N. Jones, shall have shared legal custody of Jayden M. Russell, born 11/05/2004. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's physical custody per a repeating two (2) week cycle as follows: a. In week one, commencing 01/20/2009, Father shall have physical custody of Jayden from Tuesday at 5:30 pm (Father to pick Jayden up at maternal grandmother's residence or day care) until Wednesday morning (Father to drop off Jayden at day care). Father shall have physical custody of Jayden on Thursday 5:30 pm until 8:00 pm. (Father shall pick Jayden up at maternal grandmother's or at day care and Mother shall pick Jayden up at Father's residence at 8:00 pm). Father shall have physical custody of Jayden from Saturday 5:00 pm until Monday morning. (Father shall pick Jayden up from Mother's residence on Saturday and drop Jayden off at day care Monday morning. b. In week two, Father shall have physical custody of Jayden from Tuesday at 5:30 pm (Father to pick Jayden up at maternal grandmother's residence or day care) until Wednesday morning (Father to drop off Jayden at day care). Father shall have physical custody of Jayden from Thursday at 5:30 pm (Father to pick Jayden up at maternal grandmother's residence or day care) until Friday morning (Father to drop off Jayden at day care). C. Father shall have physical custody of the Child at such other times as the parties may mutually agree. 3. Right of first refusal: In the event that the custodial parent should require a care- taker/babysitter (excluding regular day care) for the Child a period of time in excess of two hours, the custodial party shall first offer said opportunity to the non-custodial parent. to t*%3 u c3 z A (77, C%i R UA CJ N 1 4. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 5. Holidays: The parents shall arrange the holiday schedule as mutually agreed upon. 6. Vacation: The parents shall schedule vacation periods as mutually agreed upon. 7. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 8. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 9. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. 10. A status update conference is hereby scheduled with the assigned conciliator on March 23, 2009 at 10:00 am, Fourth Floor of Cumberland County Court of Common Pleas, Carlisle, PA 17013. Dis bution: ichael Whare, Esquire Otthew McKnight, Esquire .;16hn J. Mangan, Esquire f y MARLIN E. RUSSELL, JR., Plaintiff V. COURTNEY N. JONES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-7391 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Jayden M. Russell 11/05/2004 Primary Mother 2. A Conciliation Conference was held with regard to this matter on January 19, 2009 with the following individuals in attendance: The Mother, Courtney Jones, with her counsel, Michael Whare, Esq. The Father, Marlin E. Russell, with his counsel, Matthew McKnight, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date Jo J. angan, Esquire ,Xn ust v Conciliator MAR 2 4 2009 ` MARLIN E. RUSSELL, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-7391 CIVIL ACTION LAW COURTNEY N. JONES, IN CUSTODY Defendant Prior Judge: J. Wesley Oler, Jr., J. ORDER OF COURT AND NOW this. 2 qla day of March 2009, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. All prior Orders of Court are hereby VACATED and replaced with this Order. 2. Legal Custody: The Father, Marlin E. Russell, Jr., and the Mother, Courtney N. Jones, shall have shared legal custody of Jayden M. Russell, born 11/05/2004. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's physical custody per a repeating two (2) week cycle as follows: a. In week one, commencing 01/20/2009, Father shall have physical custody of Jayden from Tuesday at 5:30 pm (Father to pick Jayden up at maternal grandmother's residence or day care) until Wednesday morning (Father to drop off Jayden at day care). Father shall have physical custody of Jayden on Thursday at 5:30 pm (Father to pick Jayden up at maternal grandmother's residence or day care) until Friday morning (Father to drop off Jayden at day care). Father shall have physical custody of Jayden from Saturday 5:00 pm until Monday morning. (Father shall pick Jayden up from Mother's residence on Saturday and drop Jayden off at day care Monday morning. b. In week two, Father shall have physical custody of Jayden from Tuesday at 5:30 pm (Father to pick Jayden up at maternal grandmother's residence or day care) until Wednesday morning (Father to drop off Jayden at day care). Father shall have physical custody of Jayden from Thursday at 5:30 pm (Father to pick Jayden up at maternal grandmother's residence or day care) until Friday morning (Father to drop off Jayden at day care). C. Mother shall have periods of physical custody not outlined above. The parties have agreed to be flexible in regard to altering this schedule when necessary or appropriate and acknowledge that cooperation between the parents is in Jayden's best interest. Vl?ll no I 1 .DI WV SZ avw 60oz mv1j"t- i A 4. Right of first refusal: In the event that the custodial parent should require a care- taker/babysitter (excluding regular day care) for the Child a period of time in excess of two hours, the custodial parry shall first offer said opportunity to the non-custodial parent. 5. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 6. Holidays: The parents shall arrange the holiday schedule as mutually agreed upon. 7. Vacation: The parents shall schedule vacation periods as mutually agreed upon. 8. Neither parry may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 9. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 10. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Distribution: 'Michael Whare, Esquire Matthew McKnight, Esquire ?hhn J. Mangan, Esquire Monday Tuesda Wednesday Thursda Friday Saturda Sunda M M D D M M D D M M D D D M M D D M M D D M M M ?. 1 r I ? :01 WV SZ M 60OZ .r .16 MARLIN E. RUSSELL, JR., Plaintiff V. COURTNEY N. JONES, Defendant Prior Judge: J. Wesley Oler, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-7391 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVII. PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custodyoof Jayden M. Russell 11/05/2004 Primary Mother 2. A Conciliation Conference was held with regard to this matter on January 19, 2009, an Order issued January 21, 2009 and a status conference was held March 23, 2009 with the following individuals in attendance: The Mother, Courtney Jones, with her counsel, Michael Whare, Esq. The Father, Marlin E. Russell, with his counsel, Matthew McKnight, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date Jo J. Milanan, Esq ' C tody ConciliatoL ?.t? a?i570 ch #ib17 y MARLIN E. RUSSELL, JR. Plaintiff V. COURTNEY N. JONES, Defendant O Tl C o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Action- Law No. 2008-7391 IN CUSTODY PETITION TO MODIFY CUSTODY AND NOW, comes Courtney N. Jones by and through her counsel, Michael J. Whare, Esquire and in support of her Petition to Modify Custody avers as follows: 1. Petitioner is Courtney N. Jones, hereinafter referred to as "Mother". 2. Respondent is Marlin E. Russell, Jr., hereinafter referred to as "Father". 3. The parties are the natural parents of Jayden M. Russell, born November 5, 2004 4. On March 24, 2009, The Honorable J. Wesley Oler, Jr., entered a Custody Order based on an agreement entered into by the parties at the conciliation conference. (Attached as Exhibit A) 5. Since the entry of said Order, there has been a significant change in circumstances in that: a) Father has made threatening remarks towards Mother and Mother is fearful that Father may act on those threats during custody exchange. b) Mother is concerned that Father is using and/or selling illegal drugs during Father's periods of physical custody of the child. C) Further, Mother has learned that the police recently executed a search warrant on Father's residence looking for illegal drugs. d) Mother avers that she is best able to provide the care, nurture and stability that the child needs for healthy development. 6. Mother proposes modifying the Order so that Father has every other weekend from Friday evening until Sunday evening. 7. The best interest of the child will be served by the Court modifying said Order. WHEREFORE, Petitioner respectfully requests this Honorable Court grant her Petition to Modify Custody. Respectfully submitted, Date: -3 Michael J. Whare, E wire 37 East Pomfret Street Carlisle, PA 17013 Supreme Ct. Id No. 89028 Attorney for Petitioner MARLIN E. RUSSELL, JR. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : Civil Action- Law COURTNEY N. JONES, : No. 2008-7391 Defendant IN CUSTODY ATTORNEY VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: r' q., o ltl---LJ /? Michael J. Whare, E )(q. MARLIN E. RUSSELL, JR. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law COURTNEY N. JONES, : No. 2008-7391 Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Michael J. Whare, Esquire, attorney for Petitioner, do hereby certify that I this day mailed a copy of the within Petition to Modify Custody upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Matthew A. McKnight, Esquire 60 W. Pomfret Street Carlisle, PA 17013 Dated: ) y o /? L-, Michael J. Whare, squire Attorney for Petitioner MAR Z .2009 MARLIN E. RUSSELL, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-7391 CIVIL ACTION LAW COURTNEY N. JONES, IN CUSTODY Defendant . Prior Judge: J. Wesley Oler, Jr., J. ORDER OF COURT AND NOW this day of March 2009, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. All prior Orders of Court are hereby VACATED and replaced with this Order. 2. Le alg_Gwstody: The Father, Marlin E. Russell, Jr., and the Mother, Courtney N. Jones, shall have shared legal custody of Jayden M. Russell, born 11/05/2004. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custodv: Mother shall have primary physical custody of the Child subject to Father's physical custody per a repeating two (2) week cycle as follows: a. In week one, commencing 01/20/2009, Father shall have physical custody of Jayden from Tuesday at 5:30 pm (Father to pick Jayden up at maternal grandmother's residence or day care) until Wednesday morning (Father to drop off Jayden at day care). Father shall have physical custody of Jayden on Thursday at 5:30 pm (Father to pick Jayden up at maternal grandmother's residence or day care) until Friday morning (Father to drop off Jayden at day care). Father shall have physical custody of Jayden from Saturday 5:00 pm until Monday morning. (Father shall pick Jayden up from Mother's residence on Saturday and drop Jayden off at day care Monday morning. b. In week two, Father shall have physical custody of Jayden from Tuesday at 5:30 pm (Father to pick Jayden up at maternal grandmother's residence or day care) until Wednesday morning (Father to drop off Jayden at day care). Father shall have physical custody of Jayden from Thursday at 5:30 pm (Father to pick Jayden up at maternal grandmother's residence or day care) until Friday morning (Father to drop off Jayden at day care). C. Mother shall have periods of physical custody not outlined above. The parties have agreed to be flexible in regard to altering this schedule when necessary or appropriate and acknowledge that cooperation between the parents is in Jayden's best interest. E&ti r l 4. Right of first refusal: In the event that the custodial parent should require a care- taker/babysitter (excluding regular day care) for the Child a period of time in excess of two hours, the custodial party shall first offer said opportunity to the non-custodial parent. 5. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 6. Holidays: The parents shall arrange the holiday schedule as mutually agreed upon. 7. Vacation: The parents shall schedule vacation periods as mutually agreed upon. 8. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 9. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 10. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. By the Court, tlllk J. Distribution: Michael Whare, Esquire Matthew McKnight, Esquire John J. Mangan, Esquire Regular Physical Custodial Schedule Monday Tuesda Wednesda Thursda Friday Saturday Sunda .M M D D M M D D M M D D D M M D D M M D D M M M y hid ?E MARLIN E. RUSSELL, JR., Plaintiff V. COURTNEY N. JONES, Defendant Prior Judge: J. Wesley Oler, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-7391 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUAC IARY REPORT IN ACCORDANCE WITH CUbMIMLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Jayden M. Russell 11/05/2004 Primary Mother 2. A Conciliation Conference was held with regard to this matter on January 19, 2009, an Order issued January 21, 2009 and a status conference was held March 23, 2009 with the following individuals in attendance: The Mother, Courtney Jones, with her counsel, Michael Whare, Esq. The Father, Marlin E. Russell, with his counsel, Matthew McKnight, Esq. 3. The parties agreed to the entry of an Order in the form as attached. 3li y Date Jo J. - thiato N] MARLIN E. RUSSELL, JR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-7391 CIVIL ACTION LAW COURTNEY N. JONES IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, _ Friday, May 07, 2010 _ upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, June 18, 2010 at 1:00_ 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/ john J. Mangan, jr. 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 FORTfI BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CA:N Cumberland County Bar Association a 32 South Bedford Street . l Carlisle, Pennsylvania 17013 t Telephone (717) 249-3166 ? . 7 j O ?Uo-}; cam. malo l ec? -? ?. ?a a)?W Qlace i n Man aus -?'%e JUN 2 2 2010 1 O MARLIN E. RUSSELL, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-7391 CIVIL ACTION LAW COURTNEY N. JONES, IN CUSTODY N Defendant Prior Judge: J. Wesley Oler, Jr., J.''.r' ORDER OF COURT < N upon consideration of the attach custay AND NOW this day of June 2010 , Conciliation Report, it is Ordered and Directed as follows:' 1 -; 1. All prior Orders of Court are hereby VACATED and replaced with this Order. 2. This Order is entered pursuant to a Custody Conciliation Conference. A Custody Hearing is hereby scheduled on the 2?A- day of 2010 at I J6 am?pm in Courtroom number 1 in the Cumberland County Court of Common Pleas, Carlisle, PA 17013 at which time testimony will be taken in regard to the physical custody for the subject Child. For purposes of this hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the hearing date. 3. Legal Custody: The Father, Marlin E. Russell, Jr., and the Mother, Courtney N. Jones, shall have shared legal custody of Jayden M. Russell, born 11/05/2004. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's physical custody per a repeating two (2) week cycle as follows: a. In week one, commencing 01/20/2009, Father shall have physical custody of Jayden from Tuesday at 5:30 pm (Father to pick Jayden up at maternal grandmother's residence or day care) until Wednesday morning (Father to drop off Jayden at day care). Father shall have physical custody of Jayden on Thursday at 5:30 pm (Father to pick Jayden up at maternal grandmother's residence or day care) until Friday morning (Father to drop off Jayden at day care). Father shall have physical custody of Jayden from Saturday 5:00 pm until Monday morning. (Father shall pick Jayden up from Mother's residence on Saturday and drop Jayden off at day care Monday morning. b. In week two, Father shall have physical custody of Jayden from Tuesday at 5:30 pm (Father to pick Jayden up at maternal grandmother's residence or day care) until Wednesday morning (Father to drop off Jayden at day care). Father shall have physical custody of Jayden from Thursday at 5:30 pm (Father to pick Jayden up at maternal grandmother's residence or day care) until Friday morning (Father to drop off Jayden at day care). C. Mother shall have periods of physical custody not outlined above. The parties have agreed to be flexible in regard to altering this schedule when necessary or appropriate and acknowledge that cooperation between the parents is in Jayden's best interest. 4. Right of first refusal: In the event that the custodial parent should require a care- taker/babysitter (excluding regular day care) for the Child a period of time in excess of two hours, the custodial party shall first offer said opportunity to the non-custodial parent. 5. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 6. Holidays: The parents shall arrange the holiday schedule as mutually agreed upon. 7. Vacation: The parents shall schedule vacation periods as mutually agreed upon. 8. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 9. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 10. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Pk 9-1n bution: hael Whare, Esquire hew McKnight, Esquire John J. Mangan, Esquire ?F.T' rn?,.c• ? Regular Physical Custodial Schedule Monday Tuesday Wednesday Thursday Friday Saturday Sunday M M D D M M D D M M D D ,-B--F M M D D M M D D M M M MARLIN E. RUSSELL, JR., Plaintiff V. COURTNEY N. JONES, Defendant Prior Judge: J. Wesley Oler, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-7391 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Jayden M. Russell 11/05/2004 Primary Mother 2. A Conciliation Conference was held with regard to this matter on January 19, 2009, an Order issued January 21, 2009, a status conference was held March 23, 2009, an Order was issued March 24, 2009 and a conference was held June 18, 2010 with the following individuals in attendance: The Mother, Courtney Jones, with her counsel, Michael Whare, Esq. The Father, Marlin E. Russell, with his counsel, Matthew McKnight, Esq. Father's position on physical custody is as follows: Father indicates that he would like at least shared 50150 custody of Jayden. Father initially indicated that he wanted a day on/day off schedule but would consider a 2/2/3 schedule. Father indicates that the parties had not been adhering to the previous Order by agreement and that he would see the Child almost every day. Father indicates that he is currently unemployed and that he has the ability to care for Jayden on a regular basis. Father refused to agree to anything less than a true shared physical custody situation. 4. Mother's position on custody is as follows: Mother also acknowledges that the parties had not been following the previous Order of Court and that she has been extremely flexible in regard to arranging custody. Mother indicates that Jayden will be starting kindergarten in the fall and Jayden needs more stability and a set schedule during the week. Mother requests that Father has alternating weekends with some evening time during the week, possibly would agree to two or three overnights during the week in a two week schedule. Mother indicates that this would cut down on the constant back and forth for the Child and limit the parents' interaction for the custody exchanges. Mother also has concerns in regard to Father's allegedly pending charges and lack of discipline and structure at Father's residence. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and entering an Order of Court regarding custody as outlined. It is the Conciliator's belief that this would be in the Children's best interest. It is expected that the Hearing will require one half day. 6. The proposed recommended Order may contain a requirement that the parties file a pre- trial memorandum with the Judge to whom the matter has been assigned. CI/ Date John gan, Esquire Cu ody Conciliator FILED-OFFICE 017 THE PIRMTHONOTAPY 2919 OCT -I AM 10:1, 3 ERLA'40 ?JMB C0U"rT`' .-'Ef JSv'VAN1 "5 MARLIN E. RUSSELL, JR. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law No. 2008-7391 COURTNEY N. JONES, : IN CUSTODY Defendant Prior Judge: J. Wesley Oler, Jr., J. MOTION FOR CONTINUANCE AND NOW, comes the petitioner/defendant, Courtney N. Jones, by and through her counsel, Michael J. Whare, Esquire and avers as follows: 1. A custody hearing is scheduled for October 7, 2010 at 1:30 p.m. before the Honorable J. Wesley Oler, Jr. in regards to the above captioned matter. 2. Petitioner/Defendant, Courtney N. Jones, is scheduled to be out of town that week and is unavailable for the hearing. 3. At this time, Petitioner/Defendant requests that the custody hearing be continued until a future date and time. 4. Opposing counsel, Matthew McKnight, Esquire, has been contacted and does not oppose the continuance request. WHEREFORE, based on the above information, Petitioner/Defendant respectfully requests that this Honorable Court grant her motion to continue the custody hearing. Respectfully submitted, Date: x--30 -/ y 41'+?o Michael J. Whare, Esq re Attorney for Defendant 37 East Pomfret Street Carlisle, PA 17013 Supreme Ct. Id No. 89028 (717) 243-3561 MARLIN E. RUSSELL, JR. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law : No. 2008-7391 COURTNEY N. JONES, : IN CUSTODY Defendant : Prior Judge: J. Wesley Oler, Jr., J. VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: ? 3? MARLIN E. RUSSELL, JR. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law No. 2008-7391 COURTNEY N. JONES, : IN CUSTODY Defendant Prior Judge: J. Wesley Oler, Jr., J. CERTIFICATE OF SERVICE I, Michael J. Whare, Esquire, attorney for Petitioner, do hereby certify that I this day mailed a copy of the within Motion for Continuance upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Matthew A. McKnight, Esquire 60 W. Pomfret Street Carlisle, PA 17013 Dated: Michael J. Whare, E uire Attorney for Petitioner OCT 0 4 2010. MARLIN E. RUSSELL, JR. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law No. 2008-7391 COURTNEY N. JONES, : IN CUSTODY Defendant Prior Judge: J. Wesley Oler, Jr., J. ORDER OF COURT AND NOW, this day of n , 2010, upon consideration of the within Motion for Continuance, Petitioner/Defendant's motion is granted and the custody hearing is continued until the l9.'t/'Ll day of '92611 29+0•at/ 3d wpm in Courtroom number I in the LIT Cumberland County Court of Common Pleas, Carlisle, PA 17013. By the Court Distribution: 7ichae /w McK night, Esquire O l J. Whare, Esquire ?-, O rrico r "- f Tl 171 CZ ro C -4FF1`; FILED #9E PR T {'a' X011 JAN 12 PM 12: I ! CUUMSERLAND COUNT PEN!NSYLAVA t- I!% MARLIN E. RUSSELL, JR. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law No. 2008-7391 COURTNEY N. JONES, : IN CUSTODY Defendant Prior Judge: J. Wesley Oler, Jr., J. MOTION FOR CONTINUANCE AND NOW, comes the petitioner/defendant, Courtney N. Jones, by and through her counsel, Michael J. Whare, Esquire and avers as follows: 1. A custody hearing is scheduled for January 13, 2011 at 1:30 p.m. before the Honorable J. Wesley Oler, Jr. in regards to the above captioned matter. 2. Due to a scheduling conflict, undersigned counsel is respectfully requesting a continuance. 3. Opposing counsel, Matthew McKnight, Esquire, has been contacted and does not oppose the continuance request. 4. Further, the parties are hopeful, with the additional time, an agreement can reached between the parties prior to the new hearing date. WHEREFORE, based on the above information, Petitioner/Defendant respectfully requests that this Honorable Court grant her motion to continue the custody hearing. Date: - Respectfully submitted, .1?? t.,.A Michael J. Wh e, Esquire Attorney for Defendant 37 East Pomfret Street Carlisle, PA 17013 Supreme Ct. Id No. 89028 (717) 243-3561 MARLIN E. RUSSELL, JR. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law : No. 2008-7391 COURTNEY N. JONES, : IN CUSTODY Defendant : : Prior Judge: J. Wesley Oler, Jr., J. ATTORNEY VERIFICATION I, Michael J. Whare, Esq., verify that the statements made in this Motion are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: /-/J-11 Michael J. Wh , Esq. MARLIN E. RUSSELL, JR. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law No. 2008-7391 COURTNEY N. JONES, : IN CUSTODY Defendant Prior Judge: J. Wesley Oler, Jr., J. CERTIFICATE OF SERVICE I, Michael J. Whare, Esquire, attorney for Petitioner, do hereby certify that I this day mailed a copy of the within Motion for Continuance upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Matthew A. McKnight, Esquire 60 W. Pomfret Street Carlisle, PA 17013 Dated: lV ?oZ -?? t Michael J. Wh e, Esquire Attorney for Petitioner MARLIN E. RUSSELL,JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner; : CUMBERLAND COUNTY,PENNSYLVANIA V. : CIVIL ACTION -LAW r,- CO CIVIL TERM 2008- 7391 `" Fri COURTNEY N. JONES, �'',� e Defendant/Respondent. IN CUSTODY r—,;r 7! ?-c--a ' PETITION FOR MODIFICATION OF CUSTODYj ' , AND NOW, comes the Plaintiff/Petitioner, Marlin E. Russell, Jr., by and through his attorneys, IRWIN & McKNIGHT, P.C., and presents the following Petition for Modification of Custody: 1. The Plaintiff/Petitioner is MARLIN E. RUSSELL, JR., an adult individual residing atl844 Basin Hill Blvd, Carlisle, Pennsylvania 17013. 2. The Defendant/Respondent is COURTNEY N. JONES, an adult individual residing at 3051 Spring Road, Carlisle, Pennsylvania 17013. 3. The parties are the natural parents of a minor child, namely JAYDEN M. RUSSELL, born November 5, 2004. 4. The parties are currently governed by a custody Stipulation and Custody Agreement dated May 19, 2011, a copy of which is attached hereto and marked as Exhibit"A". 3 5. The Petitioner desires that primary physical custody of said minor child or additional time with said minor child, Jayden M. Russell, with shared legal custody and with periods of custody to Respondent as can be mutually arranged between the parties. 6. The best interests and permanent welfare of the minor child requires that the Court grant the Petitioner's request as set forth above. WHEREFORE, Petitioner, Marlin E. Russell, Jr., respectfully requests that he be granted primary physical custody and shared legal custody of said minor child, Jayden M. Russell, as provided herein, and with periods of visitation to Respondent as can be mutually arranged between the parties. Respectfully submitted, 4Attomeyv&for IGHT, P.C. By: it t, III Esquire t er, Marlin E. Rus sell, Jr. 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717)249-2353 Supreme Court 1. D. No. 25476 Date: July 22, 2013 4 EXHIBIT "A" MARLIN E.RUSSELL,JR. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action-Law COURTNEY N. JONES, :No. 2008-7391 Defendant IN CUSTODY STIPULATION AND CUSTODY AGREEMENT This Stipulation and Custody Agreement is made this day of d� , 2011 by and between Courtney N. Jones(Hereinafter referred to as "Mother")and Marlin E. Russell,Jr. (Hereinafter referred to as"Father"). WHEREAS,Mother and Father are the natural parents of one Child,namely, Jayden M. Russell, date of birth,November S, 2004, age 6; and WHEREAS, Mother and Father have reached an agreement relative to the future care, custody and visitation of their Child,the terms of which agreement both parties desire to set forth in the present Stipulation and Custody Agreement, and; WHEREAS, Mother and Father desire the provisions of the present Stipulation and Custody Agreement be approved by the Honorable Court of Common Pleas of Cumberland County and entered as a Court Order,with the same force and effect as though said Order had been entered after Petition,Notice and Hearing. This Stipulation and Custody Agreement replaces the previous Order of Court entered on June 22, 2010 by the Honorable J. Wesley Oler, Jr. NOW THEREFORE,the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein,hereby agree to the custody order as follows: L 1. LEGAL CUSTODY: Mother and Father shall have shared legal custody of the Child. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including,but not limited to,all decisions regarding his health,education and religion. Pursuant to the terms of 23 Pa.C.S. §5309,each parent shall be entitled to all records and information pertaining to the Child including,but not limited to, medical, dental,religious or school records,the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information,that parent shall be required to share the same,or copies thereof,with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. PHYSICAL CUSTODY: Mother shall have primary physical custody of the Child subject to Father's physical custody as follows: a. Father shall have physical custody every other weekend from Friday at 5:00 pm until Sunday at 5:00 pm. b. During the weeks that Father has the Child on the weekend,he shall have custody of the Child every Wednesday from 4:30 pm until 7:30 pm c. During the weeks that Father does not have the Child on the weekend,he shall have custody of the Child every Monday from 4:30 pm until 7:30 pm and Wednesday from 4:30 pm until Thursday at 8:00 am. d. At such other times as mutually agreed upon by the parties. 3. HOLIDAYS: Mother and Father shall arrange the holiday schedule as mutually agreed upon. 4. VACATION: Mother and Father shall each have two non-consecutive weeks of vacation when that parent may have uninterrupted custody of the Child. Each parent shall incorporate the parent's regularly scheduled weekend as part of the vacation week. Each parent shall give at least thirty(30)days written notice of intent to take the period or periods of vacation to the other parent. The parry who first gives notice to the other shall take precedence, and the other party shall not schedule a period of vacation during that time. 5. TRANSPORTATION: Transportation shall be shared by the parties,with the parent who is to receive custody at the time of exchange,responsible for providing transportation. At all times,the Child shall be secured in the appropriate passenger restraints. No person transporting the Child shall consume alcoholic beverages prior to or while transporting the Child. 6. EXTRACURRICULAR ACTIVITIES: Each parent shall provide to the other at least forty-eight(48)hours advance notice of school or other activities,whenever possible. Both parties shall agree to honor and participate in the activities that the Child wishes to engage in. During the times that the parents have custody of the Child,they will make certain that the Child attends any extracurricular activities. The parties agree that they will be supportive of the activities and will transport the Child to and from such activities, and the preparations and practice for the activities that are scheduled, in such time so that the Child is able to participate in those events. Neither parent,however, shall sign up the Child for any activity unless the Child definitely desires to attend the activity. Participation in activities which take place during the school year is contingent upon the Child maintaining passing grades in school. Neither parent shall sign up the Child for activities that fall on the other parent's period of custody,without the consent of the other parent,which consent shall not be unreasonably withheld. If the Child is involved in an activity which occurs during both parents' periods of custody,both parents shall cooperate in providing transportation of the Child to the activity. However,the custodial parent shall not be required to take the Child to that activity if the custodial parent and Child are out of town during that activity, for a previously scheduled vacation. In the event that the custodial parent is unable to deliver the Child to a particular activity, the parent who has custody of the Child at that time shall notify the non-custodial parent,who shall be entitled to pick up and deliver the Child to the designated activity. The custodial parent shall make certain that the Child is ready for pickup in time sufficient to enable the Child to timely attend the activity. 7. TELEPHONE/E-MAIL CONTACT: The custodial parent shall assure that the non-custodial parent has reasonable access to the Child via telephone and/or email. 8. DISPARAGING REMARKS: Each of the parties and any third parry in the presence of the Child shall take all measures deemed advisable to foster a feeling of affection between the Child and the other party. Neither parent shall do nor shall either parent permit any third person to do or say anything which may estrange the Child from the other parent,their spouse or relatives, or injure the Child's opinion of the other parent or which may hamper the free and natural development of the Child's love and respect for the other parent. 9. WELFARE OF THE CHILD TO BE CONSIDERED: The welfare and convenience of the Child shall be the prime consideration of the parties in any application of the provisions of this Order. Both parents are directed to listen carefully and consider the wishes of the Child in addressing the custodial schedule, any changes to the schedule and any other parenting issues. 10. ALCOHOL/SMOKINGALLEGAL SUBSTANCES: Neither parent shall smoke in any part of confined area with the Child present and neither party shall permit another person a to smoke in any part of a confined area with the Child present. Neither parent shall drink alcoholic beverages to excess or consume illegal substances when in the presence of the Child and no party shall be under the influence of alcoholic beverages or illegal substances when in the presence of the Child. Neither parent shall allow others to drink alcoholic beverages to excess or consume illegal substances when in the presence of the Child. 11. MODIFICATION OF ORDER: The parties are free to modify the terms of this Order but in order to do so the Court makes it clear that both parties must be in complete agreement to any new terms. That means that both parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. 12. GOVERNING LAW: This Agreement shall be governed and controlled by the laws of Pennsylvania. IN WITNESS WHEREOF ,the parties have hereto duly executed the present Stipulation and Custody Agreement the day and year first above written. WITNESS: ILA Courtne . Jones Michael J. Whare,tsquire Attorney for Mother Martin E. Busse , Jr. Matthew- c ght,Esquire Attorney fo a ier VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. J MARLINE. RUSSELL, JR. Date: 71;, 5 MARLIN E. RUSSELL,JR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA c- u' 2008-7391 CIVIL ACTION LAW r y rT; n COURTNEY N.JONES IN CUSTODY DEFENDANT . ORDER OF COURT AND NOW, Tuesday,July 30,2013 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J.Mangan,Jr.,Esq. ,the conciliator, at 4th Floor,Cumberland County Courthouse,Carlisle on Friday,August 30,2013 9:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders,and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ john J. Mangan,jr., Esq.�,I�✓ 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 1701.3 • 1"t �Q'n9 Telephone (717) 249-3166 . ��, . arCt�.s �� l�r� 1�� , 11L, ES t - 0 '30 MARLIN E. RUSSELL,JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY,PENNSYLVANIA V. CIVIL ACTION V-0 LAW—IN CUSTODY COURTNEY N.JONES, .{ Defendant/Respondent NO. 2008 - 7391 CIVIL TEfAW �? ' f , PETITION FOR CONTEMPT AND NOW, comes the Plaintiff/Petitioner, Marlin E. Russell, Jr., by and tlkoufi his attorneys, Irwin&McKnight, P.C., and files this Petition for Contempt as follows: 1. The Petitioner, Marlin E. Russell, Jr., is an adult individual with an address of 1844 Basin Hill Boulevard, Carlisle, Pennsylvania 17013. He is the natural father of Jayden M. Russell, born November 5, 2004. 2. The Respondent, Courtney N. Jones, is an adult individual who resides at 3051 Spring Road, Carlisle, Pennsylvania 17013. The Respondent is the natural mother of the minor child, Jayden M. Russell. 3. The Petitioner filed a Petition for Modification of Custody on July 23, 2013. A Custody Conciliation Conference is scheduled for Friday, August 30, 2013, at 9:00 a.m. 4. The parties are currently governed by a Custody Order of Court dated May 19, 2011, a copy of which is marked as Exhibit"A" and attached hereto. 5. The Custody Order provides that Petitioner will have physical custody of the minor child on alternate weekends from Friday at 5:00 p.m. to Sunday at 5:00 p.m. The Respondent has constantly changed, altered or cut short Petitioner's periods of weekend custody. The most recent violation of the Custody Order occurred on Friday, August 9, 2013. ^ 2 9 6. The child has participated in baseball and football, but the Respondent has not been supportive and has had her son excluded from participating in the football program. 7. The Respondent refuses to discuss important decisions with the Petitioner and will not support the minor child's interests and activities. WHEREFORE, Plaintiff/Petitioner, Marlin E. Russell, Jr., respectfully requests this Honorable Court grant the following: a. Prohibit Respondent from changing or altering the Petitioner's Court Ordered periods of weekend custody; b. The Respondent be Ordered to transport or permit the Petitioner to transport the minor child to his activities; and C. The Respondent be Ordered to pay the amount of Two Hundred Fifty and no/100 ($250.00) Dollars for the preparation of this Petition for Contempt. Respectfully submitted, IRWIN & M IG HT, .C. By: Marcus cKnight,M Vsq. 60 West omfret Stre Carlisle, PA 17013 717-249-2353 Attorney I.D. #: 25476 Attorney for the Plaintiff/Petitioner Date: August 13, 2013 3 EXHIBIT"A" MARLIN E.RUSSELL,JR. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. Civil Action-Law COURTNEY N. JONES, No. 2008-7391 Defendant IN CUSTODY ORDER OF COURT AND NOW,this day of UaLL 2011,based upon the 0 Stipulation of the parties,all prior Orders are hereby vacated and replaced with this Order: I LEGAL CUSTODY: Mother and Father shall have shared legal custody of the Child. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including,but not limited to,all decisions regarding his health,education and religion. Pursuant to the terms of 23 Pa.C.S. §5309,each parent shall be entitled to all records and information pertaining to the Child including,but not limited to, medical,dental,religious or school records,the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information,that parent shall be required to share the same,or copies thereof,with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. ft7- -4 MAY 2 4 2011 IRWIN -9--M c V,i\f I G n r LAW OFFICES 2. PHYSICAL CUSTODY: Mother shall have primary physical custody of the Child subject to Father's physical custody as follows: a. Father shall have physical custody every other weekend from Friday at 5:00 pm until Sunday at 5:00 pm. b. During the weeks that Father has the Child on the weekend,he shall have custody of the Child every Wednesday from 4:30 pm until 7:30 pm c. During the weeks that Father does not have the Child on the weekend,he shall have custody of the Child every Monday from 4:30 pm until 7:30 pm and Wednesday from 4:30 pm until Thursday at 8:00 am. d. At such other times as mutually agreed upon by the parties. 3. HOLIDAYS: Mother and Father shall arrange the holiday schedule as mutually agreed upon. 4. VACATION: Mother and Father shall each have two non-consecutive weeks of vacation when that parent may have uninterrupted custody of the Child. Each parent shall incorporate the parent's regularly scheduled weekend as part of the vacation week. Each parent shall give at least thirty(30)days written notice of intent to take the period or periods of vacation to the other parent. The party who first gives notice to the other shall take precedence, and the other party shall not schedule a period of vacation during that time. 5. TRANSPORTATION: Transportation shall be shared by the parties,with the parent who is to receive custody at the time of exchange,responsible for providing transportation. At all times,the Child shall be secured in the appropriate passenger restraints. No person transporting the Child shall consume alcoholic beverages prior to or while transporting the Child. 7. TELEPHONE/E-MAIL CONTACT: The custodial parent shall assure that the non-custodial parent has reasonable access to the Child via telephone and/or email. 8. DISPARAGING REMARKS: Each of the parties and any third parry in the presence of the Child shall take all measures deemed advisable to foster a feeling of affection between the Child and the other party. Neither parent shall do nor shall either parent permit any third person to do or say anything which may estrange the Child from the other parent,their spouse or relatives,or injure the Child's opinion of the other parent or which may hamper the free and natural development of the Child's love and respect for the other parent. 9. WELFARE OF THE CHILD TO BE CONSIDERED: The welfare and convenience of the Child shall be the prime consideration of the parties in any application of the provisions of this Order. Both parents are directed to listen carefully and consider the wishes of the Child in addressing the custodial schedule,any changes to the schedule and any other parenting issues. 10. ALCOHOL/SMOKINGALLEGAL SUBSTANCES: Neither parent shall smoke in any part of confined area with the Child present and neither party shall permit another person to smoke in any part of a confined area with the Child present. Neither parent shall drink alcoholic beverages to excess or consume illegal substances when in the presence of the Child and no party shall be under the influence of alcoholic beverages or illegal substances when in the presence of the Child. Neither parent shall allow others to drink alcoholic beverages to excess or consume illegal substances when in the presence of the Child. 11. MODIFICATION OF ORDER: The parties are free to-modify the terms of this Order but in order to do so the Court makes it clear that both parties must be in complete agreement to any new terms. That means that both parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. 12. GOVERNING LAW: This Agreement shall be governed and controlled by the laws of Pennsylvania. BY THE COURT, Wahm61 J . J. TRUE COPY FROM RECORD in Testimony whereof,I here unto set my hand yiof Wrothonotary Clisle Pa. cc: Michael J. Whare,Esq., Counsel for Mother Matthew McKnight,Esq., Counsel for Father VERIFICATION The foregoing document is based upon information, which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. By: MARLIN E.RUSSELL,JR. Date: Migust 13, 2013 MARLIN E. RUSSELL,JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY,PENNSYLVANIA V. CIVIL ACTION LAW—IN CUSTODY COURTNEY N.JONES, Defendant/Respondent NO. 2008-7391 CIVIL TERM CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire,hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class,postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Michael J.Whare,Esq. 37 East Pomfret Street Carlisle,PA 17013 IRWIN.& McKN HT,P.C. arcus A. Knig , sq.� 60 West Pomfret Street Carlisle, PA 17013 717-249-2353 Attorney I.D. 4: 25476 Attorney for the Plaintiff/Petitioner Date: August 13, 2013 MARLIN E. RUSSELL,JR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANf:A,, rri V. 2008-7391 CIVIL ACTION LAW COURTNEY N.JONES IN CUSTODY N) DEFENDANT A ORDER OF COURT AND NOW, Friday,August 16,2013 —1 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan,Jr.,Esq. the conciliator, at 4th Floor,Cumberland County Courthouse,Carlisle on Friday,August 30,2013 9:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished,to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders,and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ _&bn j Man an -Jr.,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 rnL1St 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 h44yd fl&Sqt-,.J a MARLIN E. RUSSELL, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. NO. 08-7391 CIVIL COURTNEY N. JONES, Defendant ORDER AND NOW,this So day of September, 2013,the above-captioned case is assigned to the Honorable J. Wesley Oler, Jr., Senior Judge. BY THE COURT, Kevin . Hess, P. J. The Honorable J. Wesley Oler, Jr. Court Administrator :rlml,' F's -off w M CD :zm . rn ..: N �t MARLIN E. RUSSELL, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-7391 CIVIL ACTION LAf =� COURTNEY N. JONES, IN CUSTODY =rn Defendant 70 Prior Judge: J. Wesley Oler, Jr., Sr. J. ORDER OF COURT C) c v AND NOW this tA-7 day of September 2013,upon consideration of the a ae edeCusf'o�dy Conciliation Report, it is Ordered and Directed as follows: 1. All prior Orders of Court are hereby VACATED and replaced with this Order. Father's petition for contempt is hereby held in abeyance until the next scheduled conference. 2. Legal Custody: The Father, Marlin E. Russell, Jr., and the Mother, Courtney N. Jones, shall have shared legal custody of Jayden M. Russell,born 11/05/2004. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including,but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including,but not limited to,medical, dental,religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information,that parent shall be required to share the same, or copies thereof,with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's physical custody per a repeating two (2) week cycle as follows: a. In week one, Father shall have physical custody Wednesday from 4:30 pm until 7:30 pm and from Friday 5:00 pm until Sunday 5:00 pm. b. In week two, Father shall have physical custody of Jayden from Monday from 4:30 pm until 7:30 pm and Wednesday from 4:30 pm until Thursday at 8:00 am. C. Father shall additional periods of custody by mutual agreement. 4. Right of first refusal: In the event that the custodial parent should require a care- taker/babysitter(excluding regular day care) for the Child a period of time in excess of two hours,the custodial party shall first offer said opportunity to the non-custodial parent. 5. Transportation: Transportation shall be shared by the parties,with the parent who is to receive custody at the time of the exchange,responsible for providing transportation. At all times, the Child shall be secured in appropriate passenger restraints. No person transporting the Child shall consume alcoholic beverages prior to or while transporting the Child. 6. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 7. The parties are directed to not involve Jayden in discussion regarding the custody litigation nor attempt to influence Jayden one way or another about spending time with each parent. 8. Counseling: The parties are strongly encouraged to engage in therapeutic family counseling (the focus on co-parenting) with a mutually-agreed upon professional. Mother has agreed to, and shall, identify and set up an:intake appointment within ten days of the instant Order. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 9. Holidays: The parents shall arrange the holiday schedule as mutually agreed upon. 10. Vacation: Each parent shall have two non-consecutive weeks of vacation with the Child per year. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure,the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 11. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible,both parties shall not allow third parties to disparage the other parent in the presence of the Child. 12. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 13. Relocation. The parties are advised that neither party shall hereafter relocate the child or children if such relocation will significantly impair the ability of a non-relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the child/children consents to the proposed relocation or(b)the court approves the proposed relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S. §5337. 14. A status conference with the assianed conciliator is hereby scheduled for November 15, 2013 at 1:00 pm. The purpose of said conference is to see how the counseling is going and whether to expand Father's custodial time. In the event an agreement is not reached, an expedited hearing will be scheduled. 15. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. By the Court, Sr. J. • p Di tnbution: LL chael Whare, Esquire I L,--garcus McKnight, Esquire n / /1-3 L,4'6 5D.J. Mangan, Esquire `Z f Regular Physical Custodial Schedule Monday Tuesday Wednesday Thursday Friday Saturday Sunday M M M D M M D D D M M D M M D : D M M M M MARLIN E. RUSSELL, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-7391 CIVIL ACTION LAW COURTNEY N. JONES, IN CUSTODY Defendant Prior Judge: J. Wesley Oler,Jr., Sr. J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b),the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Jayden M. Russell 11/05/2004 Primary Mother 2. A Conciliation Conference was held with regard to this matter on January 19, 2009, an Order issued January 21, 2009, a status conference was held March 23, 2009, an Order was issued March 24, 2009, a conference was held June 18, 2010, an Order issued June 22, 2010, a stipulated Order issued May 23,2011 and a conference was held August 30, 2013 with the following individuals in attendance: The Mother, Courtney Jones,with her counsel, Michael Whare, Esq. The Father,Marlin E. Russell,with his counsel, Marcus McKnight, Esq. 3. The Conciliator recommends, and the parties agreed to, an Order in the form as attached. z'Y 4�- � Date J0 J. anjan, Esquire Cu tad Conciliator �. MARLIN E. RUSSELL,JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY,PENNSYLVANIA v. CIVIL ACTION LAW—IN CUSTODY COURTNEY N. JONES, Defendant/Respondent NO. 2008 - 7391 CIVIL TERM PRAECIPE TO WITHDRAW APPEARANCE To the Prothonotary: Please withdraw my appearance from this case on behalf of the Plaintiff, Marlin E. Russell, Jr. C 3 r•-.2 fir, Res ectfull bmitted IRWIN IGHT, P.C. l C �t- By: / , c s Marcu. A. lc 41117.114, Esq. > = & 60 Wes Pom'ret S eet -< c Carlisle, PA 1 i 3 Date: November 14, 2013 PRAECIPE TO ENTER APPEARANCE To the Prothonotary: Please enter my appearance on behalf of myself,the Plaintiff, Marlin E. Russell, Jr. Respectfully submitted, By: s / '/ r� arlin E. Russell,Jr., pro se 1844 Basin Hill Boulevard Carlisle, PA 17013 Date: /7— - " 13 MARLIN E. RUSSELL,JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY,PENNSYLVANIA v. CIVIL ACTION LAW—IN CUSTODY COURTNEY N. JONES, Defendant/Respondent NO. 2008 - 7391 CIVIL TERM CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class,postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Michael J. Whare, Esq. 37 East Pomfret Street Carlisle, PA 17013 IRWIN & Mc 4 IG T, P.C. "nip Marcus . Mc ight,III,Esq. 60 West Pomfret Street Carlisle, PA 17013 717-249-2353 Attorney I.D. #: 25476 Date: November 14, 2013 2 MARLIN E. RUSSELL, JR., • IN THE COURT OF COMMON PLEAS OF Plaintiff • CUMBERLAND COUNTY, PENNSYLVANIA c-) ,... • v. • No. 08-7391 CIVIL ACTION LAYK Y --3 •. X rrl CD COURTNEY N. JONES, • IN CUSTODY "‹ cn Defendant • c� T›,�- Prior Judge: J. Wesley Oler, Jr., Sr. J. cD �- ORDER OF COURT c fir, AND NOW this day of November 2013, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. All prior Orders of Court are hereby VACATED and replaced with this Order and Father's petition for contempt is hereby DISMISSED. 2. Legal Custody: The Father, Marlin E. Russell, Jr., and the Mother, Courtney N. Jones, shall have shared legal custody of Jayden M. Russell,born 11/05/2004. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including,but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including,but not limited to,medical, dental,religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof,with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: Absent written agreement otherwise or further Order of Court, Mother shall have primary physical custody of the Child subject to Father's physical custody per a repeating two (2)week cycle as follows: a. In week one, Father shall have physical custody Wednesday from 4:30 pm until 7:30 pm and from Friday 5:00 pm until Sunday 5:00 pm. b. In week two, Father shall have physical custody of Jayden from Monday from 4:30 pm until 7:30 pm and Wednesday from 4:30 pm until Thursday at 8:00 am. c. Father shall additional periods of custody by mutual agreement. It is the parties' intention that each parent shall have equal physical custody of Jayden by agreement of the parties. 4. Right of first refusal: In the event that the custodial parent should require a care- taker/babysitter(excluding regular day care) for the Child a period of time in excess of two hours,the custodial party shall first offer said opportunity to the non-custodial parent. 5. Transportation: Transportation shall be shared by the parties,with the parent who is to receive custody at the time of the exchange,responsible for providing transportation. At all times, the Child shall be secured in appropriate passenger restraints. No person transporting the Child shall consume alcoholic beverages prior to or while transporting the Child. 6. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 7. The parties are directed to not involve Jayden in discussion regarding the custody litigation nor attempt to influence Jayden one way or another about spending time with each parent. 8. Counseling: The parties are strongly encouraged to continue to engage in therapeutic family counseling (the focus on co-parenting)with a mutually-agreed upon professional (currently FFS)until the counseling is no longer necessary. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 9. Holidays: The parents shall arrange the holiday schedule as mutually agreed upon. 10. Vacation: Each parent shall have two non-consecutive weeks of vacation with the Child per year. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure,the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 11. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible,both parties shall not allow third parties to disparage the other parent in the presence of the Child. 12. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 13. Relocation. The parties are advised that neither party shall hereafter relocate the child or children if such relocation will significantly impair the ability of a non-relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the child/children consents to the proposed relocation or(b)the court approves the proposed relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S. §5337. 14. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. By the Court, LV O A. 1 �IJ�S�e &Li 3t Sr. J. I , -, grstribution: chael Whare, Esquire ‘/Marlin Russell, 1844 Basin Hill Blvd., Carlisle, PA 17013 hn J. Mangan, Esquire Co l'ss Mat(. i! avit3 Regular Physical Custodial Schedule Monday Tuesday Wednesday Thursday Friday Saturday Sunday M M M D M M D D D M M D M M D D M M M M MARLIN E. RUSSELL, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff • CUMBERLAND COUNTY,PENNSYLVANIA • v. • No. 08-7391 CIVIL ACTION LAW • COURTNEY N. JONES, • IN CUSTODY Defendant • Prior Judge: J. Wesley Oler, Jr., Sr. J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Jayden M. Russell 11/05/2004 Primary Mother 2. A Conciliation Conference was held with regard to this matter on January 19, 2009, an Order issued January 21, 2009, a status conference was held March 23, 2009, an Order was issued March 24, 2009, a conference was held June 18, 2010, an Order issued June 22, 2010, a stipulated Order issued May 23, 2011, a conference was held August 30, 2013, an Order issued September 05, 2013 and a status conference was held November 15, 2013 with the following individuals in attendance: The Mother, Courtney Jones, with her counsel, Michael Whare, Esq. The Father, Marlin E. Russell, self-represented party 3. The parents have recently engaged in therapeutic family counseling and seems to be going well. At this point in time, it appears to the undersigned that the parents are mostly ably to arrange custody between themselves;however, in the event that their parental relationship deteriorates,both need a fall back Order. The intention of the parties is to share equally physical custody of Jayden. The Conciliator recommends, and the parties agreed to, an Order in the form as attached. Date Jo J. "P.ng.n, Esquire C .tod Conciliator Gourk oFcpm r P)es .S o Corvw lev\O Coon,, Pennsciix,,r$ o c-ML Ac-tav - LAW trAP,L►q E Rv55dt Du c uu , ,s--6nG5 Ofen�o,r\* No 73,9i r, v c) 21. TN-1 - Otei'n1 wn gyp- d-F pow -- �,° i o o mod I 1/ E osse,ll �� ern in t( 605°10 1i l( RL %. vD 09 ) P� / ?do Mq�L i � Nr KO, G92 /.s ); A60�ns1- cpo�e, 5onos fork 305/ S� '� , pi9 / ?c� Sever ‘HL now Cour hcx3 ({qp -- 6-Agckr1 42r orA irk For-' 101 per°tods exArvi)Ls 4c. D }5 13 oil fe b a T cOiats d-o 7e- qin 04- Y- 30 oAd neivtc-' yol- hiPA. TteiR on Fes). �eb� )ti s wqS I-0 ye ,4 s axte e,1- i ri 011 ,CM. //. 71b9A She lei- r'or .lOr-°4 For -' pu /(hi h°rl dui school to do so whew rt' 19.sled 1 e,-"in no+ do so , She, never' nve 1"1:2 30 dAtf ooi- oe.; Thi2A ire, (,oQ,s be. b 14c)) FI (ow, cri ca1,d h e, n etc (lof' A `t f ( rut nlorn4 cosoly htli iv Also /%lSS fneadl fi'Isd was Me ?c0\5/ roe, tic was not s cAe4 vie' off d /ys, tvio ' hsL r?s d wcL,S 3/3/'Y. t wCcicf as � a3 rid Sk r=efus€ in ?Yrc A,51 fir c lica QAd ' Sew/ riteE s, r fos-e. )0 J c p decal ►-cf talk 7Ats-e 7/9P1Zi Acvf frlec Pled QAd ` -5 why Tin 2e 1 ue +9n9 Got but se= dA / 5 ciAci TS . L' d f Ai oit, sok, a Zfs (lob) avid S - id- nnt ?d- A frt. , 10- stervkpl in 6 (.4 1( 11014a s %tee re 44- plesscq es 76 ,0)-01,-(_ 7- wts /47 k y01 . 3-Do pd. ,/ j cd4-4 3 0 3 ga.1' m19/.0i0 C �q/uss2ll LEK matiir E R0550 : IN THE COURT OF COMMON PLEAS Plaintiff Vs an-9-6 Defendant CUMBERLAND COUNTY, PA No.Og 7311 CIVIL TERM • CIVIL ACTION - LAW IN CUSTODY CRIMINAL RECORD / ABUSE HISTORY VERIFICATION Ni & USStLL hereby swear or affirm, subject to penalties of law including 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act 42 Pa.C.S. § 6307 to any of the following crimes in Pennsylvania or a substantially Check all that apply equivalent crime in any other jurisdiction, including pending charges: Crime Self Other Date of entce r-r1- W:a* .1----: household conviction, cnr- x c member guilty plea, no -1_-..„; is contest plea or -, — pending charges 7,--(7) s--- --e!, El 18 Pa.C.S. Ch. 25 fl (relating to criminal homicide) E 18 Pa.C.S. §2702 E. (relating to aggravated assault) 17,7 18 Pa.C.S. §2706 (relating to terroristic threats) 18 Pa.C.S. §2709.1 (relating to stalking) 18 Pa.C.S. §2901 (relating to kidnapDing) 18 Pa.C.S. §2902 (relating to unlawful restraint) fl 18 Pa.C.S. §2903 (relating to false imprisonment) 18 Pa.C.S. §2910 (relating to luring a child into a motor vehicle or structure) r- 18 Pa.C.S. §3121 7 (relating to rape) 18 Pa.C.S. §3122.1 relating to statutory sexual assault) 18 Pa.C.S. §3123 (relating to involuntary deviate sexual intercourse} 18 Pa.C.S. §3124.1. (relating to sexual assault) 18 Pa.C.S. §3125 (relating to aggravated indecent assault} 18 Pa.C.S. §3126 (relating to indecent assault) rT 18 Pa.C.S. §3127 (relating to indecent exposure} fl 18 Pa.C.S. §3129 fl (relating to sexual intercourse with animals) 18 Pa.C.S. §3130 (relating to conduct relating to sex offenders) 18 Pa.C.S. §3301 (relating to arson and related offenses) fl 18 Pa.C.S. §4302 (relating to incest) 18 Pa.C.S. §4303 (relating to concealing death of child) n 18 Pa.C.S. §4304 E1 E (relating to endangering welfare of children) fl 18 Pa.C.S. §4305 — (relating to dealing in infant children) 18 Pa.C.S. §5902(b) iT (relating to prostitution and related offenses) 18 Pa.C.S. §5903 (c) or (d) (relating to obscene and other sexual materials and performances) fl 18 Pa.C.S. §6301 fl El (relating to corruption of minors) 18 Pa.C.S. §6312 (relating to sexual abuse of children) 18 Pa.C.S. §6318 (relating to unlawful contact with minor) 18 Pa.C.S. §6320 (relating to sexual exploitation of children) fl 23 Pa.C.S. §6114 171 (relating to contempt for violation of Protection order or agreement) Driving under the influence of drugs or alcohol Manufacture, sale, delivery, holding, offering for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have •a history of violent or abusive conduct including the following: Check Self Other all that household apply member A finding of abuse by a Children & Youth Agency or similar agency in Pennsylvania or similar statute in another jurisdiction Abusive conduct as defined under the fT Protection from Abuse Act in Pennsylvania or similar statute in Date another jurisdiction �7 ' ' Other: �� _� / . 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party state that person's name, date of birth and relationship to the child : 5. If you are aware that the other party or members of the party's household has or have a criminal / abuse history, please explain: ( verify that the information above is true and correct to the best of my knowledge information or belief. y understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Signature �� ,\ ^,,'r/,`�~. �_~ Printed Name MARLIN E. RUSSELL, JR., : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. COURTNEY N. JONES, DEFENDANT : NO. 08 -7391 CIVIL ORDER OF COURT AND NOW, this 31st day of March, 2014, upon consideration of Marlin Russell's Pro Se "Filing for Contempt of Court/Filing for Petition to Modify," IT IS HEREBY ORDERED AND DIRECTED that a custody conciliation hearing on the matter shall be held before custody conciliator John Mangan, Esquire on Friday, April 11, 2014, at 2:30 p.m. on the 4th Floor of the Cumberland County Courthouse, Carlisle, Pennsylvania. IT IS FURTHER ORDERED AND DIRECTED that pending the custody conciliation conference, Judge Oler's Order of November 20, 2013, shall be strictly adhered to with Father having physical custody on Wednesday, April 2, 2014, from 4:30 p.m. until 7:30 p.m. and on Friday, April 4, 2014, from 5:00 p.m. until Sunday, April 6, 2014, at 5:00 p.m. By the Court, Marlin E. Russell, Jr., Pro Se Plaintiff Michael Whare, Esquire Attorney for Defendant It ../.6cUrtney Jones Defendant ..0--1Shn Mangan, Esquire Custody Conciliator bas MARLIN E. RUSSELL, JR, : IN THE COURT OF COMMON PLEAS OFD PLAINTIFF V. COURTNEY N. JONES DEFENDANT : CUMBERLAND COUNTY, PENNSYLVA 2008-7391 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT am. AND NOW, Monday, March 31, 2014 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, April 11, 2014 2:30 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. You must file with the Court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in-person contact with the court (including, but not limited to, a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition. No party may make a change in the residence of any child which significantly impairs the ability of the other party to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and Pa.R.C.P. No. 1915.17 regarding relocation. FOR THE COURT, By: /s/ John): Mangan,Jr., Elav 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. CO ES irLb. PlIgAS) LL a:x.04.4_1y JcAus-s 41/17/ Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MARLIN E. RUSSELL, JR., • IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA • • v. • No. 08-7391 CIVIL ACTION LAW • • £� COURTNEY N. JONES, • IN CUSTODY -ate ' Defendant : zrri = 3> ' • CDs, Prior Judges: J. Wesley Oler, Jr., Sr. J. i-- .,..1 �,,, M.L. Ebert, Jr., J. -1 1 TEMPORARY ORDER OF COURT f- '# x< AND NOW this s� day of May 2014,upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. All prior Orders of Court are hereby VACATED and replaced with this Order and.Father's petition for contempt is hereby DISMISSED. 2. Legal Custody: The Father, Marlin E. Russell, Jr., and the Mother, Courtney N. Jones, shall have shared legal custody of Jayden M. Russell,born 11/05/2004. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including,but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including,but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: Absent written agreement otherwise or further Order of Court, Mother and Father shall arrange physical custody of the Child as follows on a repeating two (2) week cycle: a. Commencing the first Monday after school is let out for the summer, in week one, Mother shall have custody Monday through Wednesday, Father shall have Wednesday through Friday and Mother shall have Friday through Monday. b. In week two, Father shall have physical custody of Monday through Wednesday, Mother shall have custody Wednesday through Friday and Father shall have Friday through Monday. c. Unless otherwise agreed to by the parties, the exchanges shall occur at 5:00 pm with the non-custodial parent picking up Jayden from the other parent. d. The parties are free to alter the above schedule by written mutual agreement. 4. Right of first refusal: In the event that the custodial parent should require a care- taker/babysitter(excluding regular day care) for the Child a period of time in excess of two hours, the custodial party shall first offer said opportunity to the non-custodial parent. 5. Transportation: Transportation shall be shared by the parties, with the parent who is to receive custody at the time of the exchange,responsible for providing transportation. At all times, the Child shall be secured in appropriate passenger restraints. No person transporting the Child shall consume alcoholic beverages prior to or while transporting the Child. 6. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. In the absence of agreement, the non-custodial parent shall call at 7:00 pm and any missed calls shall be returned promptly. 7. The parties are directed to not involve Jayden in discussion regarding the custody litigation nor attempt to influence Jayden one way or another about spending time with each parent. 8. Counseling: The parties are strongly encouraged to continue to engage in therapeutic family counseling (the focus on co-parenting) with a mutually-agreed upon professional (currently FFS) until the counseling is no longer necessary. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 9. Holidays: The parents shall arrange the holiday schedule as mutually agreed upon. 10. Vacation: Each parent shall have two non-consecutive weeks of vacation with the Child per year. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 11. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible,both parties shall not allow third parties to disparage the other parent in the presence of the Child. 12. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 13. Relocation. The parties are advised that neither party shall hereafter relocate the child or children if such relocation will significantly impair the ability of a non-relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the child/children consents to the proposed relocation or(b) the court approves the proposed relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S. §5337. 14. A status conference with the assigned conciliator is hereby scheduled for Tuesday August 12, 2014 at 9:00 am to see how the shared summer went. The parties have the option of contacting the assigned conciliator to have a telephone conference if the custodial arrangement is not working well between now and the scheduled conference date. 15. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. By the Court, Al J. Distribution: chael Whare, Esquire �Pvlarlin Russell, 1844 Basin Hill Blvd., Carlisle, PA 17013 ..11:111n J. Mangan, Esquire Regular Physical Custodial Schedule Monday Tuesday Wednesday Thursday Friday Saturday Sunday D M M M D D D M M M M D D D M M M D D D s i/iy MARLIN E. RUSSELL, JR., • IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA • v • No. 08-7391 CIVIL ACTION LAW • COURTNEY N. JONES, • IN CUSTODY Defendant • Prior Judges: J. Wesley Oler, Jr., Sr. J. M.L.Ebert, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b),the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Jayden M. Russell 11/05/2004 Primary Mother 2. A Conciliation Conference was held with regard to this matter on January 19;-2009, an Order issued January 21, 2009, a status conference was held March 23, 2009,-an Order was issued March 24, 2009, a conference was held June 18, 2010, an Order issued June 22, 2010, a stipulated Order issued May 23, 2011, a conference was held August 30, 2013, an Order issued September 05, 2013, a status conference was held November 15, 2013, an Order issued November 20, 2013, Father filed a contempt petition, an'Order issued March 31, 2014 and a conference was held April 14, 2014 with the following individuals in attendance: The Mother, Courtney Jones, with her counsel, Michael Whare, Esq. The Father, Marlin E. Russell, self-represented party 3. The parents have agreed to try a new custody arrangement for the summer(shared 2/2/3). At the conference it was discussed and the parents agreed that this new arrangement is not the "status quo" and is temporary until the scheduled status conference. Mother maintains that the Order dated 11/20/13 controls as the status quo. The Conciliator recommends, and the parties agreed to, an Order in the form as attached. 4./Date John . ngan, Esquire Cu ody onciliator 0 MARLIN E. RUSSELL, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff v. COURTNEY N. JONES, Defendant Prior Judges: J. Wesley Oler, Jr., Sr. J. M.L. Ebert, Jr., J. CUMBERLAND COUNTY, PENNSYLVANIA No. 08-7391 CIVIL IN CUSTODY ORDER OF COURT ACTION LA � a rn� r r� <c) r-" C> ANCD "71 D NOW this �Ak\ day of August 2014, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Legal Custody: The Father, Marlin E. Russell, Jr., and the Mother, Courtney N. Jones, shall have shared legal custody of Jayden M. Russell, born 11/05/2004. The parties shall have an equal right to make all major non -emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: Absent written agreement otherwise or further Order of Court, Mother and Father shall arrange shared physical custody of the Child as follows on a repeating two (2) week cycle: a. In week one, Mother shall have custody Monday through Wednesday, Father shall have Wednesday through Friday and Mother shall have Friday through Monday. b. In week two, Father shall have physical custody of Monday through Wednesday, Mother shall have custody Wednesday through Friday and Father shall have Friday through Monday. c. The parties are free to alter the above schedule by written mutual agreement. 4. Right of first refusal: In the event that the custodial parent should require a care- taker/babysitter (excluding regular day care) for the Child a period of time in excess of two hours, the custodial party shall first offer said opportunity to the non-custodial parent. 5. Transportation: During the school year, the exchanges shall be at school with both Mother and Father are each responsible for getting Jayden to and from school on time when Jayden is in their respective custody. When there is no school, the exchanges shall occur at 7:30 am. The parents are free to modify the exchange times to fit their respective schedules. Transportation shall be shared by the parties, with the parent who is to receive custody at the time of the exchange, responsible for providing transportation. At all times, the Child shall be secured in appropriate passenger restraints. No person transporting the Child shall consume alcoholic beverages prior to or while transporting the Child. 6. Each parent shall be responsible for making sure that Jayden's homework and class assignments are completed each day when Jayden is in their custody. 7. Each parent shall make sure that Jayden takes his medication as prescribed and recommended, especially during the school year. 8. Each parent shall give due consideration to Jayden's requests to participate in extra -curricular activities. 9. Telephone calls: The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. In the absence of agreement, the non-custodial parent shall call at 7:00 pm and any missed calls shall be returned promptly. 10. The parties are directed to not involve Jayden in discussion regarding the custody litigation nor attempt to influence Jayden one way or another about spending time with each parent. 11. Counseling: The parties are strongly encouraged to continue to engage in therapeutic family counseling (the focus on co -parenting) with a mutually -agreed upon professional (currently FFS) until the counseling is no longer necessary. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 12. Holidays: The parents shall arrange the holiday schedule as mutually agreed upon. 13. Vacation: Each parent shall have two non-consecutive weeks of vacation with the Child per year. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 14. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 15. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 16. Relocation. The parties are advised that neither party shall hereafter relocate the child or children if such relocation will significantly impair the ability of a non -relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the child/children consents to the proposed relocation or (b) the court approves the proposed relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S. §5337. 17. Since Father inadvertently did not attend the conference 08/12/14 and Mother is unsure how the schedule will work for the school year, this custody action shall be held open for a period of two months whereby either party may contact the assigned conciliator for a conference. Thereafter, the parties must file a petition for modification. 18. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Distribution: I/Michael Whare, Esquire -rlin Russell, 1844 Basin Hill Blvd., Carlisle, PA 17013 v-Jdhhn J. Mangan, Esquire By the Court, ‘N\t\ 1. u4 \ j Regular Physical Custodial Schedule Monday Tuesday Wednesday Thursday Friday Saturday Sunday D M M M D D D M M M M D D D M M M D D D MARLIN E. RUSSELL, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff v. COURTNEY N. JONES, Defendant Prior Judges: J. Wesley Oler, Jr., Sr. J. M.L.Ebert, Jr., J. CUMBERLAND COUNTY, PENNSYLVANIA No. 08-7391 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Jayden M. Russell 11/05/2004 Primary Mother Currently in the Custody of 2. A Conciliation Conference was held with regard to this matter on January 19, 2009, an Order issued January 21, 2009, a status conference was held March 23, 2009, an Order was issued March 24, 2009, a conference was held June 18, 2010, an Order issued June 22, 2010, a stipulated Order issued May 23, 2011, a conference was held August 30, 2013, an Order issued September 05, 2013, a status conference was held November 15, 2013, an Order issued November 20, 2013, Father filed a contempt petition, an Order issued March 31, 2014, a conference was held April 14, 2014, an Order issued May 01, 2014 and a conference was held August 12, 2014 with the following individuals in attendance: The Mother, Courtney Jones, with her counsel, Michael Whare, Esq. The Father, Marlin E. Russell, self -represented party did not appear CZ) 3. The Mother has indicated that she is willing to continue with the shared custody arrangement with certain clarifications/expectations moving forward into the school year for Jayden. Since Father inadvertently did not attend the conference and Mother is unsure how the schedule will work for the school year, the undersigned is willing to hold the case open for a period of two months whereby either party may contact the undersigned for a conference. Thereafter, the parties must file a petition for modification. The Conciliator recommends an Order in the form as attached. John Cust n, Esquire ciliator