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04-2208
DONALD L. FARLLING, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW DIANA D. FARLLING, : NO. CIVIL TERM Defendant : IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Donald L. Farlling, an adult individual currently residing at 699 Bloserville Road, Newville, Cumberland County, Pennsylvania. 2. Defendant is Diana D. Farlling, an adult individual currently residing at 15523 Natural Well Road, Williamsport, Maryland. 3. The parties are the natural parents of two children, namely, Tayler Joseph Farlling, born December 8, 1997, and Amber Lee Farlling, born January 29, 2002. The child, Tayler, was born out of wedlock. The child, Amber, was not born out of wedlock. 4. For the past five (5) years, or since the children's birth, the children have resided with the following persons at the following addresses for the following periods of time: NAME Diana D. Farlling Maternal Grandparents Diana D. Farlling Donald L. Farlling ADDRESS DATES 15523 Natural Well Road 4/11/04 Williamsport, MD to present 699 Bloserville Road 1999 to Newville, PA 4/11/04 DONALD L. FARLLING, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW 04-2208 CIVIL DIANA D. FARLLING, Defendant IN CUSTODY IN RE: PETITION FOR SPECIAL RELIEF ORDER AND NOW, this /ff day of May, 2004, a rule is issued on the defendant to show cause why the relief requested in the within petition ought not to be granted. This rule returnable ten (10) days after service. BY THE COURT, 1 0,5. 1 S"o 9 e :01 ?;,4 01 AN "0Z ?J1Y i 0iI C)i j.La CId JHI ?O ;aiaaa-a3?? DONALD L. FARLLING IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 04-2208 CIVIL ACTION LAW DIANA D. FARLLING IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday May 27 2004 _, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, Cumberland County Courthouse, Carlisle on Friday, July 09, 2004 at 8:30 AM 4th Floorat for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, rovFso-----mhc By: /s/ Hubert X ,il ,._?--J 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 ?-,),/ -,w- le-w? 44V --? ITrvw .LLPIn'°; ,l?Ni l? °© :Z P41 LZ AUINh,?1Ot A6G O? JH1G5d 3Hl 20 0 yo--GRA moo. ??-s ?? CAS DONALD L. FARLLING, Plaintiff/Petitioner, V. DIANA D. FARLLING, Defendant/Respondent. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-2208 CIVIL TERM IN CUSTODY ANSWER TO PETITION FOR SIPECIAL RELIEF NOW COMES, Defendant, Diana D. Fariling, hereinafter "Mother," and answers the Petition for Special Relief as follows: 1. Admitted. 2. Admitted. 3. Admitted, except that the correct spelling of the son's first name is "Taylor." 4. Admitted. 5. Admitted. 6. Admitted in part and denied in part. Mother admits that she removed the children from the home on Easter Sunday, April 11, 2004, and moved them to her parents' residence in Maryland. By way of further answer, Mother was assisted by her parents and Petitioner himself in the removal of the children from the home, along with items of personalty such as beds, clothing, and toys, by U-Haul vehicle. Mother denies that she removed the children from the home and moved them to Maryland without Petitioner's prior knowledge or consent. By way of further answer, Petitioner told Mother to leave the marital home, using words to the effect that "all I want is you out of my life." Mother refused to leave the marital home without the children, and Petitioner permitted Mother to take the children from the home. Petitioner assisted all parties involved in the move by transporting the children in Mother's car to his in-laws' residence in Williamsport, Maryland. 7. Denied that the parties ever discussed a two-week "cooling off' period. By way of further answer, Petitioner told Mother to leave the home with the intent of effecting a permanent separation and obtaining a divorce. Petitioner filed for divorce in Cumberland County, Pennsylvania, on May 17, 2004. 8. Admitted in part and denied in part. Mother admits that the parties communicated during the time period between the separation date and the filing of this Petition, but denies that the substance of the communications included Petitioner's urging her to return to Pennsylvania with the children. By way of further answer, Petitioner's initial communications with Mother after the separation led her to believe that he was amenable to resolving custody issues by stipulation and agreement, specifically that Mother would have primary physical custody and that Petitioner would have visitation. Petitioner's later communications with Mother included threats that he planned to take the children from her. 9. Denied. By way of further answer, after the separation, Mother attempted to establish a home in Pennsylvania for herself and the children, but was unsuccessful in finding affordable housing. Since the separation, Mother has transported the children to Pennsylvania approximately two evenings per week for visitation with Petitioner. Sometimes Mother meets Petitioner at the halfway-point between the parties' homers (Scotland, Pennsylvania) to exchange custody; other times she travels all the way to Newville, Pennsylvania, to take Taylor to T-ball games and to accommodate Petitioner's desire to see the children. 10. Denied. By way of further answer, since the separation, Mother has attempted to maintain as much normality as possible in the children's lives. As described in Paragraph 9, she has taken action to ensure the children's availability for visitation with Petitioner during week nights. She has also transported the children to and from Scotland, Pennsylvania, every other weekend to exchange custody with Petitioner. Taylor has been attending Fountain Rock Elementary School, Washington County Public School system, since April 17, 2004. He is enjoying school, making new friends, and performing; well. Amber receives work-related daycare from a reputable and dependable childcare provider in Maryland and has also adjusted well. Mother's removal of the children from Petitioner., his family, and the marital home was effected with Petitioner's permission. 11. Admitted. 12. Admitted. 13. Denied. By way of further answer, Taylor's last day at Bethel Christian Academy was April 14, 2004. When Mother discontinued Taylor's attendance at Bethel Christian ,Academy, the contractual obligation to pay tuition terminated. 14. Admitted. 15. Admitted, but Petitioner's use of the words "permitted" and "only" connote the perception that Mother is controlling Petitioner's access to the children. To the contrary and by I way of further answer, Mother has cooperated and continues to cooperate with Petitioner to maintain the current custody arrangement, despite Petitioner's threats to take the children from her and despite his creation of apprehension in her by feigning willingness to resolve custody issues by stipulation and agreement while simultaneously pursuing litigation. 16. Denied. By way of further answer, Mother has not refused Petitioner the opportunity to exercise custody of the children as a result of Petitioner's filing this Petition and the Complaint for Custody. 17. Denied that it is in the children's best interest to be returned immediately to Petitioner's home in Pennsylvania. 18. Denied that it is in Taylor's best interest to be re-enrolled in Bethel Christian Academy to finish kindergarten and participate in graduation. By way of further answer, Taylor is settled and flourishing in his kindergarten class at Fountain Rock Elementary School, Washington County Public School system, and will have an opportunity to participate in kindergarten graduation with his new classmates. Taylor's best interest will not be served by uprooting him for the second time in as many months and putting him through the process of re- enrolling at Bethel Christian Academy, particularly this chose to the end of the school year. 19. Denied. By way of further answer, Mother has always been the children's primary caregiver and has provided most of the ongoing care for them when they are sick, including taking them to health care providers. She has bathed them, cooked for them, and played with them. Mother continues to fill the role of primary caregiver. Petitioner was rarely present when the parties' were living in the marital home, choosing instead to work on his car during week nights and to attend races on the weekends. Mother is concerned about Petitioner's ability to provide a stable home environment for the children. Her concern arises in part from Petitioner's act of bringing a woman, at least on one occasion, into the parties' marital home and into the children's presence while Mother was working and Mother's grandmother was caring for the children in the parties' marital home. 20. Unable to admit or deny due to Mother's lack of knowledge of the averment. 21. Admitted in part and denied in part. Mother admits that, without court order, she will not remove Taylor from his established home and school in Maryland for the purpose of returning him to Pennsylvania to finish the school year at Bethel Christian Academy. Such action is not in Taylor's best interest, and Petitioner agreed to Taylor's enrollment in the Washington County Public School system. Mother derdes that, without court order, she will refuse contact between Petitioner and the children. 22. Denied. By way of further answer, Mother has not and is not restraining the children against their wills, as is evidenced by Mother's willingness to exchange custody of the children under the parties' current arrangement. The conflict between Petitioner and Mother has 11 iarisen as a result of Petitioner's misrepresentations to Mother that he was amenable to working lout custody by agreement when, in reality, he was preparing to take legal action against her to (obtain custody of the children. Mother has not subjected and is not subjecting the children to an lunstable environment. On the contrary, the children's environment is as stable as it can be, given circumstances between the parties. 23. Denied. 24. Admitted. WHEREFORE, Mother requests your Honorable Court to enter an Order denying itioner's request for temporary primary physical custody of the children. Mother further tests your Honorable court to enter an Order granting the parties shared legal custody, iting Mother temporary primary physical custody of the children, and granting Petitioner porary partial physical custody on alternating weelkends from Friday at 5:30 p.m. until day at 6:00 p.m. and two (2) evenings per week at times mutually agreeable to the parties, ding further order of court or agreement of the parties. Respectfully submitted, Ken all Ann Desaulmers, Esqu JANES K. REED, P.A. 1101 Opal Court, Hub Plaza Hagerstown, MD 21740 (301) 714-1141 Attorney for Defendant/Respondent Verification I verify that the statements made in this Answer to Petition for Special Relief are true and I understand that false statements herein are subject to the penalties of 18 Pa. C.S. § relating to unsworn falsification to authorities. Diana D. Farlling n ti hcz) ? f'v LD L. FARLLING, IN TILE COURT OF COMMON PLEAS OF Plaintiff/Petitioner, CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 04-2208 CIVIL TERM k D. FARLLING, Defendant/Respondent. IN CUSTODY ANSWER TO COMPLAINT FOR CUSTODY NOW COMES, Defendant, Diana D. Farlling, hereinafter "Mother," and answers the tint for Custody as follows: 1. Admitted. 2. Admitted. 3. Admitted, except that the correct spelling of the son's first name is "Taylor." 4. Admitted. 5. Admitted that Plaintiff's relationship to the children is that of natural father. to admit or deny whether Plaintiff currently resides alone due to Mother's lack of edge of the averment. 6. Admitted. 7. Denied. Plaintiff filed a Petition for Special Relief contemporaneously with this aint, seeking temporary primary physical custody of the children. 8. Denied. Plaintiff's Petition for Special Relief is pending in this Court. 9. a) Denied that Plaintiff has been a primary custodian for the children since their births. By way of further answer, Mother has always been the children's primary caregiver and has provided most of the ongoing care for them when they are sick, including taking them to health care providers. She has bathed them, cooked for them, and played with them. Plaintiff was rarely present when the parties were living in the marital home, choosing instead to work on his car during week nights and to attend races on the weekends. Mother continues to fill the of primary caregiver. b) Denied that Mother removed the children from their home and their environment without consideration for their best interest. By way of further answer, on April 11, 2004, the date that Mother and the children left the marital home, Plaintiff told Mother to leave the marital home, using words to the effect that "all I want is you out of my life." Mother refused to leave the marital home without the children, and Plaintiff permitted Mother to take the children from the home. Plaintiff assisted Mother and her parents in removing the children and their personal belongings from the home. Mother and the children left the marital home, family, friends, school, and childcare providers at Plaintiff's behest and by his permission. Mother's removal of the children from an environment in which Plaintiff refused to permit Mother, the primary caregiver, to reside and care for the children could not be more indicative of Mother's consideration of the children's best interest. c) Denied that Mother removed the children from their family, friends, Ischool, and childcare providers without Plaintiff's prior knowledge or consent. By way of jfurther answer, Plaintiff told Mother to leave the marital home, using words to the effect that "all I want is you out of my life." Mother refused to leave the marital home without the children, and Plaintiff permitted Mother to take the children from the home. Plaintiff assisted Mother and her parents in the removal of the children from the home, along with items of personalty such as beds, clothing, and toys, by U-Haul vehicle. Plaintiff assisted Mother and her parents by transporting the children in Mother's car to his in-laws' residence in Williamsport, Maryland. Mother and the children left the marital home, family, friends, school, and childcare providers at Plaintiff's behest and with his permission. Plaintiff told Mother to leave the home with the intent of effecting a permanent separation and obtaining a divorce. Plaintiff filed a Complaint in Divorce No Fault in Cumberland County, Pennsylvania, contemporaneously with this I Complaint. d) Denied that Plaintiff can provide a more stable environment for the children. By way of further answer, Mother is concerned about Plaintiff's ability to provide a stable home environment for the children. Her concern arises in part from Plaintiff's act of bringing a woman, at least on one occasion, into the parties' marital home and into the children's presence while Mother was working and Mother's grandmother was caring for the children in the parties' marital home. Plaintiff has been deceptive toward Mother about his intentions regarding custody of the children, leading Mother to believe that he was amenable to resolving custody issues by stipulation and agreement, and even telling her that she would have primary physical custody and that he would have visitation. Meanwhile, Plaintiff was preparing to take legal action against Mother to obtain custody of the children. Plaintiff has threatened Mother that he will take the children from her, thereby placing the children at the center of the parties' contentions. Mother can provide a more stable environment for the children and has been doing so since the parties' separation. She is not antagonistic toward Plaintiff and has taken action, since the separation, to ensure the children's availability for visitation with Plaintiff approximately two (2) evenings per week and alternating weekends. Mother provides transportation to the half-way point between the parties' homes to exchange custody and sometimes drives all the way to Plaintiff's home town in Pennsylvania to take Taylor to T-ball games and to accommodate Plaintiff's desire to see the children. Within six (6) days after the parties' separation, Taylor began attending kindergarten at Fountain Rock Elementary School in Washington County's Public School system. Taylor is enjoying school, making new friends, and performing well. Mother has placed Amber with a reputable and dependable work-related childcare provider, and Amber has adjusted well. Mother and the children currently reside with Mother's parents who are providing a much-needed support system for Mother and the children. Mother has cooperated and continues to cooperate with Plaintiff to maintain their current custody arrangement and to ensure that the children's routine and environment remain as stable as possible in light of the circumstances between the parties. e) Denied that Plaintiff is better able; to provide for the financial, physical, and emotional needs of the children. By way of fin-ther answer, Mother acquired gainful employment within two (2) weeks of moving from the marital home and leaving her previous employer. She continues to excel in her new position and expects her income to remain steady. Mother has been the children's primary caretaker since their births and continues to provide for Ithe children's physical needs as a single parent. She also continues to provide for the children's emotional needs as she has always done and is minimizing the emotional impact of the parties' separation upon the children by ensuring their regular interaction and visitation with Plaintiff. 10. Admitted. WHEREFORE, Mother requests your Honorable Court to schedule a Custody ation Conference followed by a hearing at which time she should be granted shared legal primary physical custody with Plaintiff having shared legal and partial physical custody on mating weekends from Friday at 5:30 p.m. until Sunday at 6:00 p.m. and two (2) evenings week at times mutually agreeable to the parties. 5 ?? o Respectfully submitted, Keridall Ann Desaulniers, Eire JAws K. REED, P.A. 1101 Opal Court, Hub Plaza Hagerstown, MD 21740 (301) 714-1141 Attorney for Defendant/Respondent Verification I verify that the statements made in this Answer to Complaint for Custody are true and I understand that false statements herein are subject to the penalties of 18 Pa. C.S. § relating to unworn falsification to authorities. 5-a5-0? -JOACV Ck -0.30 ? Diana D. Farlling - T 00 j. C>' 1'v ' l i?'rl f•.a ? .. CI E DONALD L. FARLLING, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW DIANA D. FARLLING, : NO. 04-2208 CIVIL TERM Defendant : IN CUSTODY PETITION TO WITHDRAW AS COUNSEL AND NOW, comes Petitioner, Marylou Matas, Esquire, and the law firm of Griffie & Associates and petitions the Court as follows: 1. Your Petitioner is counsel of record in the above-captioned action for Plaintiff, Donald L. Farlling. 2. Your Respondent is Donald L. Farlling, an adult individual currently residing at 699 Bloserville Road, Newville, Cumberland County, Pennsylvania. 3. The above-named Defendant, Diana D. Farlling„ is represented by Kendall Ann Desaulniers, Esquire, whose mailing address is Hub Plaza, 1101 Opal Court, Hagerstown, MD 21740. 4. Respondent has advised Petitioner by correspondence dated August 4, 2004, that Petitioner's services will no longer be required to assist him with regard to his divorce, custody and support matters. A copy of said correspondence is attached hereto and incorporated herein by reference as Exhibit "A." 5. Respondent has requested that Petitioner return his retainer and forward his file to him. 6. Petitioner is unable to take any additional action to proceed on behalf of the Respondent due to his demand for his original documents to be turned over to him and his failure to maintain the required retainer to Petitioner. WHEREFORE, Petitioner requests your Honorable Court to enter a Rule upon the Respondent, Donald L. Farlling, to Show Cause, if any he has, as to why Petitioner should not be permitted to withdraw as counsel in the above-captioned matter. Respectfully submitted, Marylou atas, Esquire GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsifications to authorities. DATE: 64 MAR "O MATAS, ESQUIRE Marylou Matas, 08-04-04 Thank you for your time and attention to my matters. However, I have decided that your services will no longer be required. Please forward my files to myself. Please return the credit balance on my account to me upon your receipt of this letter. Very Truly Yours, Donald L. r'r r.? r- 4.? ' -c C_i - - `rt _? ,, .,. ri':_ r -- _ ``.r:n V VIJ i ?1'i ` j ; ."' r? ? ?'i c] V AUG 2 0 2004 DONALD L. FARLLING, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW DIANA D. FARLLING, : NO. 2004 - 2208 Defendant : IN CUSTODY COURT ORDER AND NOW, this 2 y' day of A-0 &4", r _, 2004, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. A hearing is scheduled in this case in Courtroom No. 4 of the Cumberland County Courthouse on the day of 6ZZ22' /, 2004 at 9; 3 J.m. At this hearing, the father shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel memorandum setting forth the history of custody in this case, the issues currently before the Court, a list of witnesses will testify on behalf of each party and a summary of the anticipated testimony will be witnessed. This memorandum shall be filed at least 5 days prior to the mentioned hearing date. 2. Pending further order of this Court, the following temporary custody order is entered. a. The father, Donald L. Farlling, and the mother, Diana D. Farlling, shall enjoy shared legal custody of the minor children, Tayler Joseph Farlling born December 8, 1997, and Amber Lee Farlting, born January 29, 2002. b. For the remainder of the summer months, physical custody shall be handled such that father shall have custody of the minor children from 9:00 a.m. on Sunday thru 6:00 p.m. on Wednesday of every week. Mother shall have custody from 6:00 p.m. on Wednesday until 9:00 a.m. on Sunday of every week. The parties may modify this schedule as they agree. ,: ?? ,? ,.4 },,.` r,.. ? ??; c. Upon the commencement of school on August 25, 2004, physical custody shall be handled with the mother having primary physical custody such that the mother may enroll the minor children in a school in Hagerstown. Father will enjoy periods of physical custody 3 out of 4 weekends from Friday at 5:00 p.m. until Sunday at 6:00 p.m. This provision does not prejudice father to asserting a contrary position at the hearing and is based solely upon the recommendation of the Conciliator. BY THE COURT, / F7' ?-I Judge evin A. Hess cc: Kendall Ann Desaulniers, Esquire Law Offices of James K. Reed, P.A. Hub Plaza 1101 Opal Court Hagerstown, MD 21740 Marylou Matas, Esquire Griffie and Associates 200 North Hanover Street Carlisle, PA 17013 Donald L. Farlling 699 Bloserville Road Newville, PA 17241 0 2004 DONALD L. FARLLING, : IN THE COURT OF COM LEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW DIANA D. FARLLING, NO. 2004 - 2208 Defendant IN CUSTODY Prior Judge: Kevin A. Hess CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Tayler Joseph Fartling, born December 8, 1997, and Amber Lee Farlling, born January 29, 2002. 2. A Conciliation Conference was held on July 9, 2004, with the following individuals in attendance: The father, Donald L. Fartling, with his counsel, Marylou Matas, and the mother, Diana D. Farlling, with her counsel, Kendell Ann Disaulniers. 3. This is a situation where the parties separated this past April. Mother suggests that there was an agreement that she would relocate to her parents in Hagerstown. She did relocate with the two minor children and has obtained a new full time employment situation in Hagerstown. One month after separation, father initiated his custody petition and is now seeking primary custody suggesting the children should not have been moved out of the Newville area. Accordingly, we essentially have a new location case that needs to go before the court. The parties have been working on a visitation arrangement over the past two months, but the Custody Conciliator recommends a more regimented periods of visitation based primarily on the parties work schedule and the fact that they are 1 hour apart travel time. 4. When the Court realized that a hearing could not be scheduled prior to the commencement of school, the Court sent the initial conference summary report and proposed order back to the Conciliator for further recommendation. The Conciliator conducted a telephone call with legal counsel for both parties and obtained additional information. In that conference call, Attorney Mattas indicated that she had recently received a letter from Mr. Farlling indicating that he was terminating her as his attorney, but such letter did not identify any replacement counsel. Based upon the information the Conciliator had from the original conference and in recognition of the fact that some decision must be made with respect to where the children are starting school (either in Hagerstown or Newville), the Conciliator recommends that the children start school in Hagerstown and be in the primary custody of the mother at that time subject to the father having custody of the children 3 out of 4 weekends. -210 DATE Hubert X. Gilroy, E Custody Conciliator AUG 1 8 2004 DONALD L. FARLLING, Plaintiff V. DIANA D. FARLLING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-2208 CIVIL TERM IN CUSTODY ORDER OF COURT AND RULE TO SHOW CAUSE AND NOW, this %y* day of , 2004, upon presentation and consideration of the within Petition, a Rule is hereby issued upon the Respondent, Donald L. Farlling, to Show Cause, if any he has, as to why Petitioner, Marylou Matas, Esquire, and the law firm of Griffie & Associates should not be permitted to withdraw as counsel in the above- captioned matter. Rule returnable Zo days after service by first-class mail, postage prepaid upon Respondent at his last known address. Cc: vdarylou Matas, Esquire Petitioner Anald L. Farlling Defendant/Respondent .,I endall Ann Desaulniers, Esquire Attorney for Plaintiff ? 0$4011 LI?-tX1? By the Court. z F, ? '.i ??:, . - ;_ 'rsi ?,.., %`_. J _ DONALD L. FARLLING, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. NO. 04-2208 CIVIL TERM DIANA D. FARLLING, Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Marylou Matas, Esquire, hereby certify that I did, the (c? day of September, 2004, cause a copy of the Order of Court dated August 24, 2004, and related petition to Withdraw as counsel to be served upon the following individuals by first class mail, postage prepaid at the following address: Donald L. Farlling 699 Bloserville Road Newville, PA 17241 Kendall Ann Desaulniers, Esquire Hub Plaza 1101 Opal Court Hagerstown, MD 21740 DATE: Glyn (717)243-5551 (800)347-5552 Marylo1 atas, Esquire GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle PA 17013 L. FARLLING Plaintiff V. DIANA D. FARLLING Defendant IN THE COURT OF COMMON PLEAS F CUMBERLAND COUNTY, P-IA CIVIL ACTION - LAW NO. 04-2209 CIVIL TERM IN CUSTODY RES r '" " her attorneys comes the Defendant, Diana D. Farlling, by and through AND NOW, resents unto Kendall A. Desaulniers, Esq. and the Law Office of James K. Reed, P.A., and rep this Honorable Court that she does not oppose the withdrawal of Marylou Maras, Esquire, from the above-captioned case. CERTIFICATE OI' SERVICE certify that a copy of the foregoing Response tOrder of Court and I hereby tember, fast class postage Rule to Show Cause was mailed atsGriff eaand 9 Associates, 2 Bloserville 00 RoadNorth Hanover e, Street 241 Pf? prepaid, to Marylou Maras, Esq., Carlisle, PA, 17013 and Donald L. Farlling at 69, Newvi A. Desaulniers, MI, _ -u t 17 f?t! 7 T r ' n r''` N U N "J DONALD L. FARLLING, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW DIANA D. FARLLING, : NO. 04-2208 CIVIL TERM Defendant : IN CUSTODY PETITION TO MAKE RULE ABSOLUTE AND NOW comes Petitioner, Marylou Maras, Esquire, and the law fine of Griffie and Associates and petitions the Court as follows: 1. Petitioner filed a Petition to Withdraw as counsel in the above captioned action and received an Order of Court and Rule to Show Cause dated August 24, 2004. A copy of said Order of Court and Rule to Show Cause is attached hereto and incorporated herein by reference as Exhibit "A." 2. A copy of the said Petition was served by first class mail, postage prepaid and certified mail, restricted delivery upon Respondent, Donald L. Farlling, with service accepted on September 18, 2004, a copy of which receipt is attached hereinto and incorporated herein by reference as Exhibit "B." 3. A copy of said Petition was served by first class mail, postage prepaid upon Kendall Desaulniers, Esquire, attorney for the Plaintiff in the above captioned matter by correspondence dated September 16, 2004. 4. Respondent notified Petitioner by correspondence dated September 20, 2004, that he does not wish for Petitioner to continue to represent him in any matter and has asked for Petitioner to withdraw as his counsel. A copy of said correspondence is attached hereto and incorporated herein by reference as Exhibit "C." 5. By Praecipe dated September 20, 2004, Attorney Desaulniers has not objected to Petitioner's withdraw as counsel for Respondent in the above captioned matter. A copy of said Praecipe is attached hereto and incorporated herein by reference as Exhibit "D." WHEREFORE, Petitioner requests your Honorable Court to make the Rule absolute allowing Petitioner to withdraw as counsel for Respondent, Donald L. Farlling, in the above captioned action. Respectfully submitted, Ma atas„ Esquire Petition GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsifications to authorities. DATE: I I J A M U MATAS, ESQUIRE DONALD L. FARLLING, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW DIANA D. FARLLING, : NO. 04-2208 CIVIL TERM Defendant IN CUSTODY ORDER OF COURT AND RULE TO SHOW CAUSE AND NOW, this4e?day of 2004, upon presentation and consideration of the within Petition, a Rule is her y issued upon the Respondent, Donald L. Farlling, to Show Cause, if any he has, as to why Petitioner, Marylou Matas, Esquire, and the law firm of Griffie & Associates should not be permitted to withdraw as counsel in the above- captioned matter. Rule returnable days after service by first-class mail, postage prepaid upon Respondent at his last known address. By the Court, J. Cc: Marylou Matas, Esquire Petitioner Donald L. Farlling Defendant/Respondent Kendall Ann-Desaulniers, Esquire __ Attorney for Plaintiff TRUE COPY FPC` l FAECORn 3yy+Q4"` ise? C' ?C?i 11 ?Ft?t6«YN? ru el[l a 0 a O 0 0 hostaGe i $ kest [ 1 U y F )') ?F I "Jul I'll 1111 M Total Postage & Fees x , 1L -1 IH " ? Sam f _ v ? II`? aa ? 1 r I}ill ' t?? ??L- ? I ¦ Complete items 1, 2, and 3. Also complete Item 4 If Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: ?e????e' ?? 1241 A. ? Agent .Oz B. Received by (Printed Name) C.e/ey/f Delivery D. Is delivery address diffakrit from hem 17 ? Yes If YES, enter delivery address below: 13 No 3. Service Type `Certified Mail ? Express Mail Registered Return Receipt for Merchandise OI Insured Mail C.O.D. 4. Restricted Delivery? (Extra Fee) es 2. Article Number I by& 2-q D 6002 ii ? 6 G ¢CZ (transfer from service label 0 ll OO 00 PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-1940 EXHIBIT Dear Marylou Matas, Esquire. 09-20-04 From my understanding, I am to respond to you by mail, letting you know the reason I have asked you to withdrawal as my lawyer. I sent a letter on 08-05-04 letting you know I did not need your services. The reason being is that Diana and I have come to an agreement on the custody matter and she has informed me that her lawyer can draw up the divorce papers since she was already doing the custody papers. Also I have no more money to pay for your services. I am asking again for you to withdrawal as my lawyer. If any questions, please call me. Thank-you for vour services. Thanks. Donald L. Farlling G DONALD L. FARLLING Plaintiff V. DIANA D. FARLLING Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-22013 CIVIL TERM IN CUSTODY RESPONSE TO ORDER OF COURT AND RULE TO SHOW CAUSE AND NOW, comes the Defendant, Diana D. Farlling, by and through her attorneys Kendall A. Desaulniers, Esq. and the Law Office of James K. Reed, P.A., and represents unto this Honorable Court that she does not oppose the withdrawal of Marylou Matas, Esquire, from the above-captioned case. CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Response to Order of Court and Rule to Show Cause was mailed this 27`" day of September, 2004, first class postage prepaid, to Marylou Maras, Esq., at Griffie and Associates, 200 North Hanover Street, Carlisle, PA, 17013 and Donald L. Farlling at 699 Bloserville Road, Newville, P)q 17241. A. Desaulniers, EXHIBIT rl N n C: acs ? 1 _.0 (1l rn 177 Tj ?, jl *1 1J OCT 0 5 20041 DONALD L. FARLLING, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. NO. 04-2208 CIVIL TERM DIANA D. FARLLING, Defendant : IN CUSTODY ORDER OF COURT on presentation and consideration of ANDNOWthis / / ` day of-SeptefHer, 2004, up the within Petition to Make Rule Absolute, it is hereby ORDERED and DIRECTED that Marylou Matas, Esquire, and the law firm of Griffie and Associates, are permitted to withdraw as counsel for the Respondent, Donald L. Farlling, in the above captioned action. Cc: ?lAarylou Matas, Esquire Petitioner v16onald L. Farlling Defendant/Respondent ./endall Ann Desaulniers, Esquire Attorney for Plaintiff A ? 0 BY THE COURT, Cu =6 N''i Z I `'li Idol 01 DONALD L. FARLLING, Plaintiff/Petitioner, V. DIANA D. FARLLING, Defendant/Respondent. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CASE NO. 04-2208 CIVIL TERM IN CUSTODY CUSTODY STIPULATION AND AGREEMENT THIS STIPULATION AND AGREEMENT, made this _ day of 2004, by and between DONALD L. FARLLING of 699 Bloserville Road, Newville, Pennsylvania 17241, hereinafter referred to as "Father," -AND- DIANA D. FARLLING of 15523 Natural Well Road, Williamsport, Maryland 21795, hereinafter referred to as "Mother." Father and Mother, intending to be legally bound, hereby agree as follows: 1. Two (2) children were born to the parties: Taylor Joseph Farlling born December 8, 1997, out of wedlock, and Amber Lee Farlling born January 29, 2002, during wedlock. 2. The children have resided with the following persons and at the following addresses during the past five (5) years: Name Address Date Mother and Maternal 15523 Natural Well Rd. April 11, 2004, Grandparents Williamsport, MD 21795 to Present Mother and Father 699 Bloserville Rd. Until April 11, Newville, PA 17241 2004 3. Neither party has participated as a parry or witness or in any other capacity in any litigation concerning the custody of the children in this or any other court. They have no information of a custody proceeding pending in a court of this Commonwealth concerning the children. Furthermore, they know of no person not a party to this Stipulation and Agreement who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 4. Father and Mother have agreed upon the following custody arrangement: a. Father and Mother shall share legal custody of the children as that term is defined by statutory and case law. b. Mother shall have primary physical custody of the children. C. Father shall have partial physical custody of the children according to the following schedule: i. During the school year, every weekend, beginning the first weekend after the date of this Stipulation and Agreement, from Friday at 5:30 P.M. to Sunday at 6:00 P.M., and beginning the second weekend after the date of this Stipulation and Agreement, from Saturday at 3:00 P.M. to Sunday at 6:00 P.M. The parties shall follow this alternating weekend schedule for the duration of the school year. If there is no school on a. Monday because of a holiday, Father's weekend custody shall extend through Monday at 7:00 P.M. ii. During summer vacation, beginning the first full week after the last day of school, and every other week thereafter, from Friday at 5:30 P.M. to the following Friday at 5:30 P.M. The parties shall follow this alternating weekly schedule for the duration of summer vacation. d. The parties shall split vacations during the school year equally between them as they can agree and as the parties' and children's schedules and activities permit. e. Father shall pay Mother Three Hundred Fifty Dollars ($350.00) per month in child support through Cumberland County Domestic Relations beginning August 30, 2004, and on the 3& day of each month thereafter. f. Father and Mother agree to be flexible in the exercise of custody, taking into consideration the plans and activities of the parties and the children. g. Neither Father nor Mother shall attempt to undermine the mutual love and affections that the children have for each parent. Neither parry shall, in the presence of the children, make any disparaging or negative remarks concerning the other party or the other party's family. Neither shall either party permit a third party to do the same. h. Father and Mother shall provide each other with a current address and telephone number. i. Father and Mother shall have reasonable rights to telephone communication with the children when they are not exercising physical custody. Each parent shall be able to call the children between the hours of 6:00 P.M. and 8:00 P.M. j. Transportation shall be provided by the parent beginning exercise of custody. 5. Father and Mother acknowledge that they have read and understood the Court Order attached to this Stipulation and Agreement and do consent to the filing of this Stipulation and Agreement and the entry of the attached Court Order without either party being present in court. ORDER OF COURT AND NOW, this _ day of 2004, it appearing to the Court that DONALD L. FARLLING, hereinafter referred to as "Father," -AND- DIANA D. FARLLING, hereinafter referred to as "Mother," intending to be legally bound hereby, consent to the entry of the following Court Order establishing a custody arrangement of the minor children, Taylor Joseph Farlling born December 8, 1997, and Amber Lee Farlling born January 29, 2002, without either party being present in Court: 1. Father and Mother shall share legal custody of the children as that term is defined by statutory and case law. 2. Mother shall have primary physical custody of the children. 3. Father shall have partial physical custody of the children according to the following schedule: a. During the school year, every weekend, beginning the first weekend after the date of this Stipulation and Agreement, from Friday at 5:30 P.M. to Sunday at 6:00 P.M., and beginning the second weekend after the date of this Stipulation and Agreement, from Saturday at 3:00 P.M. to Sunday at 6:00 P.M. The parties shall follow this alternating weekend schedule for the duration of the school year. If there is no school on a Monday because of a holiday, Father's weekend custody shall extend through Monday at 7:00 P.M. b. During summer vacation, beginning the first full week after the last day of school, and every other week thereafter, from Friday at 5:30 P.M. to the following Friday at 5:30 P.M. The parties shall follow this alternating weekly schedule for the duration of summer vacation. 4. The parties shall split vacations during the school year equally between them as they can agree and as the parties' and children's schedules and activities permit. 5. Father shall pay Mother Three Hundred Fifty Dollars ($350.00) per month in child support through Cumberland County Domestic Relations beginning August 30, 2004, and on the 30'n day of each month thereafter. 6. Father and Mother agree to be flexible in the exercise of custody, taking into consideration the plans and activities of the parties and the children. 7. Neither Father nor Mother shall attempt to undermine the mutual love and affections that the children have for each parent. Neither party shall, in the presence of the children, make any disparaging or negative remarks concerning the other party or the other party's family. Neither shall either party permit a third party to do the same. 8. Father and Mother shall provide each other with a current address and telephone number. 9. Father and Mother shall have reasonable rights to telephone communication with the children when they are not exercising physical custody. Each parent shall be able to call the children between the hours of 6:00 P.M. and 8:00 P.M. 10. Transportation shall be provided by the parent beginning exercise of custody. By the Court, J. WHEREAS, both parties have had the opportunity to consult with an attorney as to the contents of this Stipulation and Agreement; and IN WITNESS WHEREOF, the parties have set their hands and seals, intending to be legally bound hereby. WITNESS: Donald L. Farlling Diana D. Farlling State of Maryland County of Washington ss. On this, the 27th day of August, 2004, before me, the undersigned officer, personally appeared DONALD L. FARLLING, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained. I have hereunto set my hand and official seal. NOTARY PUBLIC !y ': O State of Maryland County of Washington Notary Public My commission expires: /b1/'yo ss. On this, the 27th day of August, 2004, before me, the undersigned officer, personally appeared DIANA D. FARLLING, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes therein contained. I have hereunto set my hand and official seal. NOTARY PUBLIC ,sy?•.........•'0- V ''•.,,NGTON G..p Notary Public My commission expires: l0?/? C? N o -n 'O Fn rr -. ? ? 7 a K CA U1 - < '? DONALD L. FARLLING, Plaintiff/Petitioner, V. DIANA D. FARLLING, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CASE NO. 04-2208 CIVIL TERM Defendant/Respondent. IN CUSTODY ORDER OF COURT AND NOW, this r a day of A16 ? ? 2004, it appearing to the Court that DONALD L. FARLLING, hereinafter referred to as "Father," -AND- DIANA D. FARLLING, hereinafter referred to as "Mother," intending to be legally bound hereby, consent to the entry of the following Court Order establishing a custody arrangement of the minor children, Taylor Joseph Farlling born December 8, 1997, and Amber Lee Farlling born January 29, 2002, without either party being present in Court: 1. Father and Mother shall share legal custody of the children as that term is defined by statutory and case law. 2. Mother shall have primary physical custody of the children. Father shall have partial physical custody of the children according to the following schedule: a. During the school year, every weekend, beginning the first weekend after the date of this Stipulation and Agreement, from Friday at 5:30 P.M. to Sunday at 6:00 P.M., and beginning the second weekend after the date of this Stipulation and Agreement, from Saturday at 3:00 P.M. to Sunday at 6:00 P.M. The parties shall follow this alternating weekend schedule for the duration of the school year. If there is no school on a Monday because of a holiday, Father's weekend custody shall extend through Monday at 7:00 P.M. b. During summer vacation, beginning the first full week after the last day of school, and every other week thereafter, from Friday at 5:30 P.M. to the following Friday at 5:30 P.M. The parties shall follow this alternating weekly schedule for the duration of summer vacation. 4. The parties shall split vacations during 'the school year equally between them as they can agree and as the parties' and children's schedules and activities permit. ? ? r ?? ?` s ?? n 5. Father shall pay Mother Three Hundred. Fifty Dollars ($350.00) per month in child support through Cumberland County Domestic Relations beginning August 30, 2004, and on the 3& day of each month thereafter. 6. Father and Mother agree to be flexible in the exercise of custody, taking into consideration the plans and activities of the parties and the children. 7. Neither Father nor Mother shall attempt to undermine the mutual love and affections that the children have for each parent. Neither party shall, in the presence of the children, make any disparaging or negative remarks concerning the other party or the other party's family. Neither shall either party permit a third party to do the same. 8. Father and Mother shall provide each other with a current address and telephone number. 9. Father and Mother shall have reasonable rights to telephone communication with the children when they are not exercising physical custody. Each parent shall be able to call the children between the hours of 6:00 P.M. and 8:00 P.M. 10. Transportation shall be provided by the parent beginning exercise of custody. By the Court, J. l Farlling v. Farlling Case No. 04-2208 Stanley J. A. Laskowski, Esquire Attorney I.D. No. 37422 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 (717) 232-2766 (fax) Attorney for Plaintiff, Donald L. Farlling DONALD L. FARLLING, Plaintiff, V. DIANA D. FARLLING, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 04-2208 - CIVIL TERM CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW comes Plaintiff, Donald L. Farlling, by his attorney, Stanley J. A. Laskowski, Esquire, Caldwell & Kearns, P.C., and respectfully represents as follows: Plaintiff, Donald L. Farlling, is an adult individual, presently residing at 699 Bloserville Road, Newville, Pennsylvania, 17241 (hereinafter "Father"). Defendant, Diana D. Farlling, is an adult individual, presently residing at 433 R. North Potomac Street, Hagerstown, Maryland, 21740 (hereinafter "Mother"). On or about August 27, 2004, Father and Mother entered into a Custody Stipulation and Agreement resulting in a Custody Order issued November 1, 2004. A true and correct copy of the Custody Stipulation Agreement and ensuing Order of Court are attached hereto marked as Exhibit "A" 4. The following minor children are the subject of this Petition: Taylor Joseph Farlling, born December 8, 1997, and Amber Lee Farlling, born January 29, 2002. 8. Father desires extended time during children's Christmas school beak to utilize vacation time-share, which the parties enjoyed and used as a family prior to separation. Father also desires uninterrupted vacation time during summer school recess. 9. Mother has relocated her residence to 433 R. North Potomac Street, Hagerstown, Maryland, since entry of the prior Order. 10. Since the August 2004 Custody Stipulation, the parties have been sharing transportation, meeting at Chambersburg, Pennsylvania (Route 81 - McDonalds restaurant) as an approximate mid-way point between Father and Mother's residence; Mother fails and/or refuses to continue with such exchanges or make reasonable accommodations, particularly in light of Mother's recent relocation, to the detriment of the parties and the best interest of the children. WHEREFORE, Plaintiff, respectfully requests that Your Honorable Court modify the existing Order of Court dated November 1, 2004, as to the partial periods of physical custody of the Plaintiff for the reasons that such modification will be in the best interest of the minor children. Respectfully submitted, Date: December 8, 2005 By: Stanley J. A. a kowski, Esquire Attorney L D. # 37422 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Attorney for Plaintiff, Donald L. Farlling 04666/94387 VERIFICATION The undersigned, Donald L. Farlling, hereby verifies that the facts set forth in the foregoing document are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: / /'C? ?'615- E, e,,: n (i;; i ? `+ %004 DONALD L_ FARLLING Phuntiff/Petitioner, V. DLANA D FARLLiNG, DefendantJRespondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW CASE NO 04-2208 CIV FL 'PERM IN CUSTODY ORDER OF COURT AND NOW, this _ day of 00M*-) V, 2004, it appearing to the Court that DONALD L FARLLNG, hereinafter referred to as "Father," -AND- DIANA D FARLI-INCT, hereinafter referred to as "Mother," intending to be legally bound hereby, consent to the entry of the following Court Order 1 establishing a custody arrangement of the minor children, Taylor Joseph Farlling born December 8, 1997, and Amber Lee Fariling bom January 29, 2002, without either party being present in Court. I Father and Mother shall share legal custody of the children as that term is defined by statutory and case law 2 Mother shall have primary physical custody of the children - 3 Father shall have partial physical custody of the children according to the following schedule a. During the school year, every weekend, begitning the first weekend after the date of this Stipulation and Agreement, from Friday at 530 Y.M. to Sunday at 6.00 P M., and beginning the second weekend after the date of this Stipulation and Agreement, from Saturday at 3.00 PM. to Sunday at 6-00 P.M. The parties shall follow this alternating weekend schedule for the duration ol'the school year if there is no school on a Monday because of a holiday, Father's weekend custody shall extend through Monday at 7.00PM_ b- During summer vacation, beginning the first full week after the last day of school, and every other week thereafter, from Friday at 530 P M. to the following Friday at 530 P.M. The parties shall follow this alternating weekly schedule for the duration of summer vacation- 4_ The patties shall split vacations during the school year equally between them as they can agree and as the parties' and children's schedules and activities permit. 5 Father shall pay Mother Three Hundred Fifty Dollars ($350 00) per month in child support through Cumberland County Domestic Relations beginning August 30, 2004, and on the 30" day of each month thereafter 6. Father and Mother agree to be flexible in the exercise of custody, taking into consideration the plans and activities of the parties and the children. 7. Neither Father nor Mother shall attempt to undermine the mutual love and affections that the children have for each parent. Neither party shall, in the presence of the children, make any disparaging or negative remarks concerning the other party or the other party's family. Neither shall either party permit a third party to do the same. 8. Father and Mother shall provide each other with a current address and telephone number 9 Father and Mother shall have reasonable rights to telephone communication with the children when they are not exercising physical custody. Fach parent shall be able to call the children between the hours of 600 P M. and 8 00 P M. 10 Transportation shall be provided by the parent beginning exercise of custody. By the Cou Fabling v Farlling Case No. 04-2208 TRUE C In Testimony v e ho sc51 of FF.OM RECORD I here unto set my hand curt at urli1slre, Pa. / of .../a?JQ.?t..., CERTIFICATE OF SERVICE AND NOW, this 8th day of December 2005, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Diana D. Farlling 433 R. North Potomac Street Hagerstown, MD 21740 CALDWELL & KEARNS By.4 `i n a ?„ '_? ? p? ?; 6. (`` --_?' -? ?_ DONALD L. FARLLING IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DIANA D. FARLLING DEFENDANT 04-2208 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, December 14, 2005 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, al 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, January 19, 2006 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearin¢. FOR THE COURT. By: /s/ Hubert Gilroy, sq. u\ Custody Conciliator T 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 :)Oq r lamw 4p -/?r so _si?r P\FILES\DATAFILE\Geneml\Curzen,\119551 11.1 Crcmed 9/20/04 006PM Revised 1/4/06438PM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant DONALD L. FARLLING, Plaintiff V. DIANA D. FARLLING, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2208 CIVIL ACTION - LAW IN CUSTODY PRAECIPE Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on behalf of Defendant in the above matter MARTSON DEARDORFF WILLIAMS & OTTO Date: January 4, 2006 By . Je if U Spears, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Ik CERTIFICATE OF SERVICE I, TriciaD. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, herebycertify that a copy ofthe foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Stanley J. A. Laskowski, Esquire CALDWELL & KEARNS, P.C. 3631 North Front Street Harrisburg, PA 17110 MARTSON DEARDORFF WILLIAMS & OTTO 1FTQia D. Eckenroad n East High Street Carlisle, PA 17013 (717) 243-3341 Dated: January 4, 2006 ?, ?? f_ _-± --, ;,°?-= __,,- cry ' _ ? : -' . , -? `-`. -:? ?? ??? CJ ?' 8N, 2, 1 GJUI DONALD L. FARLLING, Plaintiff v DIANA D. FARLLING, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-2208 CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 2 o' day of January, 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in courtroom #4 of the Cumberland County Courthouse on May 3, 2006 at 1:30 p.m. At this hearing, the Mother shall proceed initially with testimony. Counsel for the parties shall file with the Court and with opposing counsel a Memorandmn setting forth the history of custody in this case, the issues currently before the Court, a summary of each party's position on those issues, a list of witnesses who will be called on behalf of each party, and a summary of anticipated testimony of each witness. This Memorandum shall be filed at least five (5) days prior to the mentioned hearing date. 2. Pending further Order of this Court, this Court's Order of November 1, 2004 is ratified and affirmed subject to the following modifications: A. It is specifically noted that this is a shared legal custody situation and, as such, all school officials, health providers and any other entity or individual dealing with the minor children shall share with both parents all information, either verbally or in writing, concerning the minor children. B. The parties shall participate themselves in family counseling to address some communication issues and parenting issues the parties are currently experiencing. Cost of this counseling, after the payment by any applicable insurance, shall be shared equally between the parties. The counselor is hereby authorized to share the results of that counseling with legal counsel for both parties. 3. The parties and their counsel shall meet again with the Custody Conciliator on Thursday, April 6, 2006 at 9:30 a.m. At this conference, if the Conciliator is able to work out all issues with the parties, the Conciliator can notify the Court and the May 3' hearing may be cancelled. Cc: ti9finley J. A. Laskowski, ?,rennifer Spears, Esquire BY THE COURT: _ I, , i?-i '. .. DONALD L. FARLLING, Plaintiff v DIANA D. FARLLING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2208 CIVIL ACTION - LAW : IN CUSTODY Prior Judge: the Honorable Kevin A. Hess CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Taylor Joseph Farlling, born December 8, 1997 Amber Lee Farl6ng, born January 29, 2002 2. A conciliation conference was held on January 19, 2006, with the following individuals in attendance: The Mother, Diana D. FarlGng, with her counsel, Jennifer Spears, Esquire The Father, Donald L. Farlling, with his counsel, Stanley J. A. Laskowski, Esquire 3. There are a number of issues that need to be addressed with the parties. The parties are in agreement to go to counseling. However, the Mother is requesting that a hearing be scheduled so that the Court will have an opportunity to modify the schedule as requested by Mother in the event the parties cannot resolve that issue through counseling. There are some other issues which the parties raised at the conciliation conference, and the Conciliator will address those issues in the proposed Order. 4. The Conciliator recommends an Order in the form as attached. Date: January t , 2006 KI-A 4 Hubert X. roy, Esquire Custody C nciliator 11- f Y APR 1 0 2006 DONALD L. FARLLING, Plaintiff VS. DIANA D. FARLLING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-2208 CIVIL ACTION - LAW : IN CUSTODY ORDER AND NOW, this day of April, 2006, the Conciliator being advised that the parties have reached an agreement, the Conciliator relinquishes jurisdiction in this case. Hubert X. Gi oy, Esquire Custody C ciliator C,. ,. _ ??? ? 1 `'•? jj'. MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff/Petitioner DONALD L. FARLLING, Plaintiff/Petitioner, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DIANA D. FARLLING, Defendant/Respondent. :NO. 04-2208 CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY PETITION TO MODIFY CUSTODY AND NOW, comes Petitioner, Donald L. Farlling, by and through his attorney, Maria P. Cognetti, Esquire, with this Petition to Modify Custody and hereby avers as follows: 1. Petitioner is Donald L. Farlling (hereinafter "Father"), an adult individual currently residing at 699 Blosserville Road, Newville, Pennsylvania 17241. 2. Respondent is Diana D. Farlling, (hereinafter "Mother"), an adult individual currently residing at 15523 Natural Well Road, Williamsport, Maryland 21795. 3. The parties hereto are the natural parents of the following minor children: Taylor J. Farlling, born December 8, 1997; and Amber L. Farlling, born January 29, 2002. 4. The above minor children are the subject of a Stipulated Order of Court entered on November 1, 2004, which vests primary physical custody of the children in Mother, subject to periods of partial physical custody in Father. The parties share legal custody of the children. A true and correct copy of said order is attached hereto, made a part hereof, and marked Exhibit "A." 5. Father seeks to modify the current Order of Court to transfer primary physical custody of the children to him, while granting Mother periods of partial physical custody. 6. The best interests and permanent welfare of the children will be served by granting the relief requested. WHEREFORE, Father respectfully requests that this Honorable Court grant him primary physical custody of the minor children. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: March 23, 2007 By: /I MARIA P OG E TI, ESQUIRE Attorney I.D. No. 14 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff/Petitioner a PLAINTIFF'S W J EXHIBIT Q H A Q 0C i 2 jr 2004 DONALD L. FARLLING, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner, CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW CASE NO. 04-2208 CIVIL TERM DIANA D. FARLLING, Defendant/Respondent. IN CUSTODY ORDER OF COURT AND NOW, this day of 2004, it appearing to the Court that ipe DON?AJ_D L. F T I ING, hereinafter referred to as "Father," -AND- DIANA D. FARLLING, hereinafter referred to as "Mother," intending to be legally bound hereby, consent to the entry of the following Court Order establishing a custody arrangement of the minor children, Taylor Joseph Farlling born December 8, 1997, and Amber Lee Farlling born January 29, 2002, without either parry being present in Court: 1. Father and Mother shall share legal custody of the children as that term is defined by statutory and case law. 2. Mother shall have primary physical custody of the children. 3. Father shall have partial physical custody of the children according to the following schedule: a., During the school year, every weekend, bu ng the first weekend after the date of this Stipulation and Agreement, from Friday at 5:30 P.M. to Sunday at 6:00 P.M., and beginning the second weekend after the date of this Stipulation and Agreement, from Saturday at 3:00 P.M. to Sunday at 6:00 P.M The parties shall follow this alternating weekend schedule for the duration of the school year. If there is no school on a Monday because of a holiday, Father's weekend custody shall extend through Monday at 7:00 P.M. b. During summer vacation, beginning the first full week after the last day of school, and every .other week thereafter, from Friday at 5:30 P.M to the following Friday at 5:30 P.M. The parties shall follow this alternating weekly schedule for the duration of summer vacation. 4. The parties shall split vacations during the school year equally between them as they can agree and as the parties' and children's schedules and activities permit. 5. Father shall pay Mother Three Hundred Fifty Dollars ($350.00) per month in child support through Cumberland County Domestic Relations beginning August 30, 2004, and on the 30a` day of each month thereafter. 6. Father and Mother agree to be flexible in the exercise of custody, taking into consideration the plans and activities of the parties and the children. 7. Neither Father nor Mother shall attempt to undermine the mutual love and affections that the children have for each parent. Neither party shall, in the presence of the children, make any disparaging or negative remarks concerning the other party or the other party's family. Neither shall either party permit a third party to do the same. 8. Father and Mother shall provide each other with a current address and telephone number. 9. Father and Mother shall have reasonable rights to telephone communication with the children when they are not exercising physical custody. Each parent shall be able to call the children between the hours of 6:00 P.M. and 8:00 P.M. 10. Transportation shall be provided by the parent beginning exercise of custody. By the Co J. Farlling v. Fariling Case No. 04-2208 a DONALD L. FARLLING, : IN THE COURT OF COMMON PLEAS OF PlaintifffPetitioner, CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW CASE NO. 04-2208 CIVIL TERM DIANA D. FARLLING, Defendant/Respondent. IN CUSTODY CUSTODY STIPULATION AND AGREEMENT THIS STIPULATION AND AGREEMENT, made this day of , 2004, by and between _ :B DONALD L. FARLLING of 699 Bloserville Road, Newville, Pennsylvania 17241, hereinafter referred to as "Father," -AND- DIANA D. FARLLING of 15523 Natural Well Road, Williamsport, Maryland 21795, hereinafter referred to as "Mother." Father and Mother, intending to be legally bound, hereby agree as follows: 1. Two (2) children were born to the parties: Taylor Joseph Fulling born December 8, 1997, out of wedlock, and Amber Lee Farlling born January 29, 2002, during wedlock. 2. The children have resided with the following persons and at the following addresses during the past five (5) years: Name Address Date Mother and Maternal 15523 Natural Well Rd. April 11, 2004, Grandparents Williamsport, MD 21795 to Present Mother and Father 699 Bloserville Rd. Until April 11, Newville, PA 17241 2004 3. Neither party has participated as a party or witness or in any other capacity in any litigation concerning the custody of the children in this or any other court. They have no information of a custody proceeding pending in a court of this Commonwealth concerning the children. Furthermore, they know of no person not a party to this Stipulation and Agreement who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 4. Father and Mother have agreed upon the following custody arrangement: a. Father and Mother shall share legal custody of the children as that term is defined by statutory and case law. b. Mother shall have primary physical custody of the children. C. Father shall have partial physical custody of the children according to the following schedule: i. During-the school year, every weekend, beginning the first weekend after the date of this Stipulation and Agreement, from Friday at 5:30 P.M. to Sunday at 6:00 P.M., and beginning the second weekend after the date of this Stipulation and Agreement, from Saturday at 3:00 P.M. to Sunday at 6:00 P.M. The parties shall follow this alternating weekend schedule for the duration of the school year. If there is no school on a Monday because of a holiday, Father's weekend custody shall extend through Monday at 7:00 P.M. ii. During summer vacation, beginning the first full week after the last day of school, and every other week thereafter, from Friday at 5:30 P.M. to the following Friday at 5:30 P.M. The parties shall follow this alternating weekly schedule for the duration of summer vacation. d. The parties shall split vacations during the school year equally between them as they can agree and as the parties' and children's schedules and activities permit. e. Father shall pay Mother Three Hundred Fifty Dollars ($350.00) per month in child support through Cumberland County Domestic Relations beginning August 30, 2004, and on the 30`h day of each month thereafter. f. Father and Mother agree to be flexible in the exercise of custody, taking into consideration the plans and activities of the parties and the children. g. Neither Father nor Mother shall attempt to undermine the mutual love and affections that the children have for each parent. Neither party shall, in the presence of the children, make any disparaging or negative remarks concerning the other party or the other party's family. Neither shall either party pernut a third party to do the same. h. Father and Mother shall provide each other with a current address and telephone number. i. Father and Mother shall have reasonable rights : to telephone communication with the children when they are not exercising physical custody. Each parent shall be able to call the children between the hours of 6:00 P.M. and 8:00 P.M. 5. Father shall pay Mother Three Hundred Fifty Dollars ($350.00) per month in child support through Cumberland County Domestic Relations beginning August 30, 2004, and on the 30'h day of each month thereafter. 6. Father and Mother agree to be flexible in the exercise of custody, taking into consideration the plans and activities of the parties and the children. 7. Neither Father nor Mother shall attempt to undermine the mutual love and affections that the children have for each parent. Neither party shall, in the presence of the children, make any disparaging or negative remarks concerning the other party or the other party's family. Neither shall either party permit a third party to do the same. 8. Father and Mother shall provide each other with a current address and telephone number. 9. Father and Mother shall have reasonable rights to telephone communication with the children when they are not exercising physical custody. Each parent shall be able to call the children between the hours of 6:00 P.M. and 8:00 P.M. 10. Transportation shall be provided by the parent beginning exercise of custody By the Court, J WHEREAS, both parties have had the opportunity to consult with an attorney as to the contents of this Stipulation and Agreement; and IN WITNESS WHEREOF, the parties have set their hands and seals, intending to be legally bound hereby. WITNESS: ?x? ?-- Donald L. Farlling Diana D. Farlling State of Maryland County of Washington : ss. On this, the 27th day of August, 2004, before me, the undersigned officer, personally appeared DONALD L. FARLLING, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained. ?,•`'? awi reof, I have hereunto set my hand and official seal. 911, % NOTARY PUBLIC • Notary Public ca -y '• •' My commission expires: 1611106 1401 NGTON State of Maryland County of Washington ss. On this, the 27th day of August, 2004, before me, the undersigned officer, personally appeared DIANA D. FARLLING, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes therein contained. ???••'SI?it,xyhereof, I have hereunto set my hand and official seal. ti fir', ? !•••aaar•aaa•a ? +,•? NOTARY PUBLIC Notary Public My commission expires: A// •,,?y?NGTO? GV*.??4 +'?t=IINtI??s?9?? 1 i VERIFICATION I, DONALD L. FARLLING, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn verification to authorities. DONALD L. FARLLING DATE: 31,?-5107 CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, Attorney for Plaintiff/Petitioner herein, do hereby certify that on this date I served the foregoing Petition to Modify Custody by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Jennifer L. Spears, Esquire MARTSON, DEARDORFF, WILLIAMS & OTTO, P.C. 10 East High Street Carlisle, PA 17013 Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Y Date: March 23, 2007 By: lflz? AQ MARIA P COG E TI, ESQUIRE Attorney I.D. No. 14 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff/Petitioner a Y" 't W F? r -1=) Lj=? DONALD L. FARLLING IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DIANA D. FARLLING DEFENDANT 04-2208 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, April 02, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at. 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, April 10, 2007 at 1:30 PM - _??-_T?.------ _ _..--._..... for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ jacqueline M, Verney, Esq. Custody Conciliator 1 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 90 :011- C- u'4v LOOZ ?u 10 L1 APR E0 1007Idf DONALD L. FARLLING, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2004-2208 CIVIL ACTION - LAW DIANA D. FARLLING, Defendant IN CUSTODY ORDER OF COURT AND NOW, this /,&& day of 2007, upon consideration of the attached Custody Conciliation eport, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. y , of the Cumberland County Court House, on the F'M day of -t , 2007, at y % 96 o'clock, +. M., at which time testimony will be A en. 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 ten days prior to the Hearing date. 2. The prior Orders of Court dated January 20, 2006 and November 1, 2004 are hereby vacated. 3. The Father, Donald L. Farlling and the Mother, Diana D. Farlling, shall have shared legal custody of Taylor J. Farlling, born December 8, 1997 and Amber L. Farlling, born January 29, 2002. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled AUNJit 0 Z. I I WV I -- A V14 LOOZ extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 4. The parties shall share physical custody of the children on a week on/week off basis beginning April 29, 2007 with Father having the first week. The exchange day and time shall be Sundays at 7:00 p.m. during the school year and 8:00 p.m. in the summer. 5. The parties shall cooperate with a custody evaluation to be conducted by Dr. Shienvold, the extent of which shall be determined by counsel for the parties. The cost of said evaluation shall be shared by the parties. 6. During Mother's week of physical custody on Mondays, Tuesdays and Wednesdays, Father shall pick up Taylor after school and have physical custody until 6:00 p.m. when Mother will pick him up, unless it is a Karate practice night, in which case Mother will pick up Taylor at Karate. 7. Neither party shall discuss custody with the children. 8. Transportation shall be shared such that the receiving party shall transport. No one shall get out of their cars at custody exchanges, unless they are spectators at the children's extracurricular activities. 9. The parties shall have liberal telephone contact between 6:00 p.m. and 8:00 p.m. 10. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, Kevin A. ess, J. cc: Maria P. Cognetti, Esquire, Counsel for ather Jennifer Spears, Esquire, Counsel for other -'n? 6 -. 4- DONALD L. FARLLING, Plaintiff V. DIANA D. FARLLING, Defendant PRIOR JUDGE: Kevin A. Hess, J. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2004-2208 CIVIL ACTION - LAW : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Taylor J. Farlling December 8, 1997 Mother Amber L. Farlling January 29, 2002 Mother 2. A Conciliation Conference was held in this matter on April 17, 2007 and April 26, 2007, with the following in attendance: The Father, Donald L. Farlling, with his counsel, Maria P. Cognetti, Esquire, and the Mother, Diana D. Farlling, with her counsel, Jennifer Spears, Esquire. 3. Prior Orders of Court were entered by the Honorable Kevin A. Hess dated November 1, 2004 and January 20, 2006 for shared legal custody, Mother having primary physical custody and Father having every weekend alternating two overnights one weekend and one overnight the next weekend. 4. Father's position on custody is as follows: Father seeks shared legal and primary physical custody. Father asserts that Mother has moved several times, requiring the school age child to change schools multiple times and creating an unstable environment for both children. Father believes he can provide a more stable living situation. Pending a custody evaluation, Father is willing to accept a shared physical custody arrangement on a week on/week off schedule. 5. Mother's position on custody is as follows: Mother seeks shared legal and primary physical custody. She asserts that she has maintained a stable home for the children despite various relocations. She maintains that she has always accommodated Father so he could maximize his period of partial physical custody. Pending a custody evaluation, Mother agrees to a shared physical custody arrangement on a week on/week off schedule. 6. The parties agreed to an Order in the form as attached pending a custody evaluation and a court hearing. It is expected that a hearing will last one day. It is requested that it be scheduled in late August before the start of school. 14-3o Date cqu ne M. Verney, Esquire Custody Conciliator DONALD L. FARLLING, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW 04-2208 CIVIL DIANA D. FARLLING, Defendant IN CUSTODY IN RE: PETITION TO MODIFY CUSTODY ORDER AND NOW, this -?1'4 day of July, 2007, hearing in the above-captioned matter set for August 8, 2007, is continued to Friday, August 10, 2007, at 10:30 a.m., in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, aria Cognetti, Esquire For the Plaintiff nnifer Spears, Esquire For the Defendant rlm FILED-OF FICE OF THE t??(';?r'1'i'? 2r)?'r 20101 AUG -1 Pl 1: 30 DONALD L. FARLLING, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW 04-2208 CIVIL DIANA D. FARLLING, Defendant IN CUSTODY IN RE: PETITION TO MODIFY CUSTODY ORDER AND NOW, this JP'r day of August, 2007, following telephone conference with counsel, hearing in the captioned matter is continued generally, the matter to be relisted by either party. Pending further hearing, it is directed that the children, Taylor Joseph Farlling, born December 8, 1997, and Amber Lee Farlling, born January 29, 2002, will attend the Big Spring School District. BY THE COURT, aria Cognetti, Esquire For the Plaintiff /ennifer Spears, Esquire For the Defendant :rim i J 71tfi yylt? ai a C. -no !\ LS :01 WV 6- TV LODZ 3Hi JO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA DONALD L. FARLLING Plaintiff * CIVIL ACTION - LAW 04-2208 CIVIL VS. DIANA D. FARLLING Defendant NOTICE TO PLEAD TO: Maria P. Cognetti, Esquire Attorney for Plaintiff You are hereby notified to plead to the enclosed Notice to Plead, within twenty (20) days from service hereof or a judgment may be entered against you. Timothy S. Gordon, Esq. Counsel for the Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA DONALD L. FARLLING Plaintiff * CIVIL ACTION - LAW 04-2208 CIVIL VS. DIANA D. FARLLING Defendant MMION rOR RS8RARING PURSM%NT TO Pa R.C.P 1522 COMES NOW, the Defendant, Diana D. Farlling, by and through her attorney, Timothy S. Gordon, Esq. pursuant to Pa. R.C.P. 1522 and would request a re-hearing regarding the Order of Court dated August 8, 2007 and would state: 1. The Defendant in this matter, Diana D. Farlling, was previously represented by Jennifer Spears, Esquire. 2. That Defendant has since terminated Ms. Spears representation at the suggestion of Ms. Spears. 3. The Court entered an Order on or about August 8, 2007 following a telephone conference which materially affected the well-being of the minor children who are the subject of these proceedings. Said Order directed that the children will attend the Big Spring School District. 4. That the children are currently enrolled in and expected to attend the Shippensburg area school district wherein they had been enrolled since March of 2007. 5. That both Taylor and Amber are also engaged in significant other activities including midget football and cheerleading as well as other association with their friends in the Shippensburg area. 6. That the Defendant and her fiance are permanently settled in the Shippensburg district with no plans or intentions on relocating outside of that district. 7. That the minor child, Taylor Farlling, is and has been looking forward to commencement of the school year at his current school. 8. Neither parent has advised Taylor of the proposed change. 9. It is in Taylor and Amber's best interest that the children continue in their current school setting until such time as a hearing can be held with the input of Dr. Arnold Schienvold who was appointed to evaluate this case. 10. That upon contact with Dr. Schienvold he has advised undersigned counsel that no report was ever prepared in this case. 11. That upon information and belief the Defendant feels that her prior counsel "sold her out" and failed to adequately represent her interests. Certainly the Defendant never consented to the August 8, 2007 Order. 12. That such a significant change in the children's routine should not be undertaken based upon a telephone conference with no actual testimony or contact between the Court and the minor children. 13. The school year is set to commence on August 27, 2007 in Shippensburg and August 28, 2007 in Big Springs. 14. That the Defendant would request an evidentiary hearing on the issue of transfer of school prior to the commencement of schools this year or in the alternative if that is impractical, that the Order of August 8, 2007 be stayed and the children be allowed to continue in Shippensburg until such time a hearing can be held on the transfer. 15. That undersigned counsel has attempted contact with counsel for the Plaintiff and she is not expected to consent to the substance of this Motion. WHEREFORE, the Defendant, Diana D. Farlling, respectfully requests this Honorable Court reset this matter for an evidentiary hearing or in the alternative re-stay the Order of August 8, 2007 until such time as a hearing on this matter can be held. VER371CATION I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: zz 0z i Q Diana D. Farlling Timothy S. Gordon, Esq. 24 N. Jonathan Street P.O. Box 398 Hagerstown, MD 21740 301-714-1102 CERTIFICATE OF SERVICE I HEREBY CERTIFY, that on this /day of -u, , 2007, a copy of the aforegoing Motion for Rehear was faxed to Maria Cognetti, Esquire, 210 Grandvie Penue, Suite 102, Camp Hill, PA 17011 and Jennifer Spears, Esquire, at 10 East High Street, Carlisle, PA 17013. Timothy S. Gordon, Esq. r- Z7 ' r9t^ 1 MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff DONALD L. FARLLING, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA DIANA D. FARLLING, Defendant :NO. 04-2208 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PLAINTIFF'S ANSWER TO DEFENDANT'S MOTION FOR REHEARING AND NOW, comes Plaintiff, Donald L. Farlling, by and through his attorney, Maria P. Cognetti, Esquire, and files the following Answer to Defendant's Motion for Rehearing: 1. Admitted. 2. The truth of this averment is strictly within the knowledge of Mother and therefore no answer is required. 3. Admitted with clarification. Said Order was entered after discussion with counsel and the Court, which discussion included both that the parties had knowingly and voluntarily entered into such agreement and that, after much discussion with Dr. Shienvold, it was understood that this agreement was in line with his recommendation. 4. Admitted in part, denied in part. Mother unilaterally placed Taylor in the Shippensburg School District with only one month to go at his prior school in Maryland. This was done with no prior notice to Father nor with any input from Father. Since Mother could have clearly waited the extra month for Taylor to finish school in Maryland, Father believes that the move to the Shippensburg school was a move made simply to position Mother in this case. The fact that Mother hid the change of school from Father is further support of this motive. 5. Denied. It is denied that both Taylor and Amber are "engaged in significant other activities... in the Shippensburg area." To the contrary, Taylor has been in karate in Newville since approximately January of 2007; he has also been in the youth group of Palmstown Church in Newville since approximately September of 2006; he has also participated in flag football in Newville from June through August of both 2006 and 2007. Father attempted to put Taylor in baseball in Newville and Mother blocked this by advising Father that she would not make Taylor available for such activity. Also, Amber was involved in dance in Newville from September through December of 2006 until Mother also made that impossible. Furthermore, the only reason that Taylor is in midget football and Amber is in cheerleading in Shippensburg is because Mother signed them up for these activities unilaterally and without any advance notice to Father. Again, Father believes that this was done to position Mother in this custody matter. 6. Denied. It is specifically denied that Mother and fianc6 are "permanently settled" with no plans to move. One of the most crucial factors leading up to settlement was the last minute revelation that, contrary to her comments to the conciliator, to Father, and to her own counsel, Mother and her fianc6 had the children living in a two bedroom home wherein three girls shared one bedroom and Taylor was sleeping in the same room as Mother and her fianc6, with a "movable divider" being the only privacy provided. Mother had previously advised all parties that she was living in a three bedroom home. Once Mother was caught in her lie she quickly stated that this was of no moment because she and her fianc6 did, in fact, plan to move again to a larger home. In fact, Mother had falsely told the conciliator that she and her fianc6 had a home under contract and that they planned to move into said home immediately. That was many months ago and it now comes to light that there is no such home under contract. Finally, Mother has moved so often in the past, and with little reason, that it is more appropriate to believe that Mother will certainly move again. Plaintiff is concerned that Mother's relationship is not stable and that she will move again subjecting the children to additional upheaval. 7. The truth of this averment is strictly within the knowledge of Mother and therefore no answer is required. However, if the child is making these statements Father has no doubt that it is under pressure and coaching from Mother. 8. Admitted with clarification. It is admitted that neither party has advised Taylor ofhis coming school arrangements. However, it is most important to note that the parties had agreed and arranged to meet on Monday, August 13, 2007, in order to show Taylor around his new school. Mother did not appear for this meeting and further advised Father that she would no longer comply with the earlier agreement to meet on that date, under advice of her new counsel. 9. Denied. The parties and counsel have already had the input of Dr. Shienvold. To the best of Father's knowledge, Father knows of no reason that the recommendations of Dr. Shienvold would now change. Both parties, counsel and Dr. Shienvold, were of the belief that the best interest of the children was served by placing them in Father's school district. Father believes that, after Mother entered into this agreement, her family, not being fully advised of some of the factors that went into the agreement, pressured Mother into recanting her agreement. 10. Admitted in part, denied in part. It is admitted that no written report was prepared. It is denied however, that no report was given. Both counsel and parties were aware of the fact that Dr. Shienvold had not written his formal report but that said report and recommendations were delivered to counsel via numerous, lengthy telephone conferences. Dr. Shienvold was prepared to have his written report done for trial but was then advised by both counsel that the case had settled. Furthermore, having checked with the office of Dr. Shienvold, counsel is advised that, as of Thursday, August 16, 2007, Dr. Shienvold has not spoken with opposing counsel but has had to communicate via voicemail. 11. The truth of this averment is strictly within the knowledge of Mother and therefore no answer is required. However, to the extent that Mother states that she never consented to the agreement, Mother's agreement was clearly conveyed to her counsel who then conveyed such agreement to counsel for Father. 12. Denied. The "significant change" referenced by Mother was brought about through an agreement entered into after many components came into play including, but not limited to, the input of Dr. Shienvold after completing his evaluation, the realization of how many times Mother had already moved these children, and the numerous lies that Mother was caught in during the preparation of this case. To suggest that a decision should not be made until the Court can speak with two young children is reaching at best. 13. Admitted. 14. This is more properly a prayer for relief and, therefore, no answer is required thereto. 15. Admitted. It is admitted that counsel for Father would not have agreed to this Motion. However, counsel would note that she has been unable to reach counsel for Mother by phone and has had to leave voice messages for him. WHEREFORE, Plaintiff respectfully requests that this Honorable Court deny Defendant's requested relief. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: Y1o2 v/ 7 By: MARIA P. C091 ETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff VERIFICATION I, DONALD L. FARLLING, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. DATE: YI02 6/° 7 CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, Attorney for Plaintiff herein, do hereby certify that on this date I served the foregoing Plaintiff s Answer to Defendant's Motion for Rehearing, by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Timothy S. Gordon, Esquire 24 North Jonathan Street P.O. Box 398 Hagerstown, MD 21740 Jennifer L. Spears, Esquire MARTSON, DEARDORFF, WILLIAMS & OTTO, P.C. 10 East High Street Carlisle, PA 17013 MARIA P. COGNETTI & ASSOCIATES Date: 71,,201-7 By : MARIA P. CO N TTI & ASSOCIATES Attorney I.D. No. 7914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff "=' -•? ?,_. ? -rE ?? r- S'`.? ? , ? ,...- ',?-. i t '.7 ?? y "`- < ? . . > j.,7 `r`_ ? -? ?:- . - ` ? x_, .?. ? 'i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA DONALD L. FARLLING Plaintiff * CIVIL ACTION - LAW 04-2208 CIVIL VS. DIANA D. FARLLING Defendant A1?BNDNRNT TO WMION FOR RERRARING PURSUANT TO_RIILE 20`9.3(A) COMES NOW, the Defendant, Diana D. Farlling, by and through her attorney, Timothy S. Gordon, Esq. pursuant to Rule 208.3(a) files this Amendment to Motion for Rehearing and would state as follows: 1. That undersigned counsel has contacted opposing counsel, Maria P. Cognetti, concerning the filing of the Defendant's Motion for Rehearing prior to said filing and was unable to discuss this matter. Contact with Attorney Cognetti was again attempted on August 21, 2007 at 1:20 p.m. Attorney Cognetti was unavailable and was advised that she would be out of the office for the next two days. 2. That on or about August 8, 2007, the Honorable Judge Kevin A. Hess entered an Order directing the minor children, Taylor Joseph Farlling born December 8, 1997 and Amber Lee Farlling, born January 29, 2002 to attend Big Spring School District. 3. That it is undersigned counsel's understanding that two prior Orders of Court was entered by the Honorable Kevin A. Hess dated November 1, 2004 and January 20, 2006 for shared legal custody, Mother having primary physical custody and Father having every weekend alternating two overnights one weekend and one overnight the next weekend. li`A ARe t endanF n 0. Fa riling,, respectfully r+ ?rSt2 this Saner le reset this matter for an ideat y earing yr altar ativ* re-stag the order of Ain' t St 2067 such time as a bealrin.4; Cc% this tier m to held,. :Z rIfy that ter .&ti are t. uo And r ct. herein are :ate Subvert SOCtiOn 004 relaititig t Mithovities. S thy is. 40 *124 Saga 24 . Jbttetbza9 Suet 2.0, sox 390 Magavatown, NO 21740 301-7,14-1102 mts mad* in this tomzalnt rstaad that 4alvia state ntr the 4'42%ties c Is pa.C.S. sworn falsiti tion to r1l"l, mum 1 RIMY C.ZRITIFY, that t 2007 s a copy o the at r a :riml was faxed to Mar: Grandview Avwtue: Suite 10, ze'anifor this 429A4 00 txt to Moti for C Hill, Pik 17011 azd 3.0 East Hi9b Str is C4r:lifler timothy S. don, sq. .. 4p% J M ax .. 4m- - 7/Z M V9=8 LOOZ/ZZ/8 PRX 4V UopsoO miS 7% 0-4 2u-eTQ 3 uosvy moz,q C? No CZZP C? F: \FI LES\ 11955\ 11955.1. pra Created: 9/20/04 0:06PM Revised: 8/15107 LOOPM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant DONALD L. FARLLING, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-2208 CIVIL TERM DIANA D. FARLLING, CIVIL ACTION - LAW Defendant IN CUSTODY PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please withdraw the appearance of MARTSON LAW OFFICES on behalf of the Defendant in the above action. MAR LAW OFFICES BY J er . Spears, Esquire 10 East High Street .Carlisle, PA 17013 (717) 243-3341 Date Attorneys for Defendant Please enter the appearance of the Law Office of Timothy S. Gordon, P.A., on behalf of the Defendant in the above matter. Date: LAW OFFICE OF TIMOTHY S. GORDON, P.A. By Timothy S. Gordon, Esquire 24 North Jonathan Street, P.O. Box 398 Hagerstown, MD 21741 (301) 714-1102 Attorneys for Defendant (7D }f_ X? , f? 34 DONALD L. FARLLING, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW 04-2208 CIVIL DIANA D. FARLLING, Defendant IN CUSTODY IN RE: MOTION FOR REHEARING ORDER AND NOW, this Z 1` day of September, 2007, argument on the defendant's motion for rehearing is set for Monday, November 26, 2007, at 3:30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, ?Maria Cognetti, Esquire For the Plaintiff Timothy Gordon, Esquire For the Defendant Am (ILt?VJV1Y?.+ .? Ji? ?? 11 Ci DONALD L. FARLLING, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW 04-2208 CIVIL DIANA D. FARLLING, Defendant IN CUSTODY ORDER AND NOW, this L S V day of November, 2007, hearing in the above-captioned matter is set for Thursday, February 28, 2008, at 9:30 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, aria Cognetti, Esquire For the Plaintiff imothy Gordon, Esquire For the Defendant . Arnold Shienvold v :rlm • s c et ? .? 6-Z fpA L91 DONALD L. FARLLING, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW 04-2208 CIVIL DIANA D. FARLLING, Defendant IN CUSTODY ORDER AND NOW, this //' day of March, 2008, after hearing and consideration of the testimony adduced, it is ordered and directed that, following the spring of 2008, the children in this case, Taylor Joseph Farlling born December 8, 1997, and Amber Lee Farlling born January 29, 2002, will attend the Shippensburg Area School District. Maria Cognetti, Esquire For the Plaintiff VxTimothy Gordon, Esquire For the Defendant :rlm Co t es m ? ? LAC, S 3// a j ?07 BY THE COURT, ,'? ;04'4?/' Kevi . Hess, J. t 1 3?I??r?3li? DONALD L. FARLLING, Plaintiff V. DIANA D. FARLLING, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2208 CIVIL ACTION - LAW IN CUSTODY PRAECIPE FOR WITHDRAWAL/ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appearance on behalf of Donald L. Farlling, Plaintiff in the above- captioned matter. Respectfully Submitted: MARIA P. WGNETTI & ASSOCIATES Date: March 26, 2008 By: 1(k6ml? MARIA P. C091 ETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Ave, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Donald L. Farlling, pro se Plaintiff in the above-captioned matter. Date: 3d /a- By: NALD L. FARLLING, pro e 699 Bloserville Road Newville, PA 17241 Telephone No. (717) 776-3614 s?? ??? ?? . .C" C3 ??,, ??'? ? ? ? ?? ?` ' "? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD L. FARLLING Plaintiff * CIVIL ACTION - LAW 04-2208 CIVIL VS. DIANA D. (FARLLING) PARSON Defendant AMZNDED ORDER AND NOW, this J day of Qkbd- , 2008, after hearing and consideration of the est mony adduced, it is ordered and directed that following the Spring of 2008, the children in this case, Taylor Joseph Farlling born, December 8, 1997 and Amber Lee Farlling, born January 29, 2002, will attend the Shippensburg Area School District, and it is further ORDERED, that the parties agree to share legal custody of the minor children as well as all decisions effecting the children's growth and development including, but not limited to medical, dental, psychiatric psychological therapy or treatment of any kind; decisions relating to actual or potential litigation involving the minor children, directly or as a beneficiary other than custody and litigation; education both secular and religious; choice of camp, if any; athletic pursuits and extra curricular activities shall be considered major decisions and shall be made by the parties jointly, after discussion and consultation with each other and a view toward obtaining and following a harmonious policy in the children's best interest. The parties shall endeavor to speak with one another before making any decisions effecting the schedule of the children, and it is further ORDERED, that the parties agree that neither shall unilaterally make decisions regarding the children's time that would effect the custodial time of the other parent, and it is further OEDERED, that the parties shall share physical custody of the minor children as follows: A. The parties shall share physical custody of the minor children on a 50/50 basis. All periods of physical custody shall continue to alternate weekly with the custodial change taking place each Sunday at 7:00 p.m. during the school year and 8:00 p.m. in the summer. The receiving party is to pick up the children at the giving party's address. This place of exchange can be altered occasionally if a different place has been agreed upon by both parties. B. The parties agree that the mother's residence at 85 Airport Road, Shippensburg, Pennsylvania 17257 shall be the primary residence of the children for the purposes of the minor children attending Shippensburg Area School District. C. The Father shall drop the children off at their school(s) on time by providing transportation to and from school. If tardiness becomes an issue during Father's period of physical custody the minor children will be dropped off at the Mother's home in time for the children to get the morning bus. Father agrees to not take the children to his place of employment. With this understanding if at any time the children are at the Father's place of business during business hours the children will return to the Mother's home after school and the Father or step- mother will pick the children up after they get off work between 4:30 p.m. and 5:30 p.m.; D. The parties agree not to move from outside of their present residential home within a 25 mile radius. Should either party choose to move outside the 25 mile radius, then that party will exercise partial custody of the children on alternating weekends with primary physical custody remaining with the other parent, and it is further ORDERED, that the Father shall provide health insurance for the minor child, Taylor Farlling, including dental and eye care coverage, and it is further ORDERED, that the Mother shall provide health insurance for the minor child, Amber Farlling, including dental and eye care coverage, and it is further ORDERED, that the Father shall claim Taylor Farlling, as his dependent tax exemption for the year 2008 and each year thereafter and the Mother shall claim Amber Farlling as her tax exemption for the year 2008 and each year thereafter, and it is further ORDERED, that the following holiday and vacation schedule shall apply to the minor children unless otherwise agreed by the parties: A. CHRISTMAS The parties shall divide Christmas into three parts: Part A shall extend from the beginning of the Christmas vacation (meaning the first day that the. children are not required to attend school) until 2:00 p.m. on Christmas Day. Part B shall run from 2:00 p.m. on Christmas Day and extend a total number of days such that it shall be one-half of the total Christmas school holiday. Part C shall run from the close of Part B until the evening before the children would be required to return to school after Christmas break. It is the intent of the parties being that segment A and C will generally, to the greatest extent possible, equal segment B. One party shall have the right to custody during segments A and C, with the other party exercising right to custody with segment B, with these rights alternating each year. Mother shall exercise segment A and C in odd numbered years with Father having segment B. Father shall exercise segment A and C in even number years with Mother having segment B. B. EASTER If it is a three (3) day holiday and the children would be off for Good Friday this time will be split so both parents are able to spend family time together. The day of Easter will alternate each year with father exercising Part A on odd number years and mother exercising Part A even numbered years. The split would begin (part A) on Thursday night at 7:00 p.m. until 9:00 a.m. Saturday morning; Part B would begin Saturday morning at 9:00 a.m. until Sunday at 7:00 p.m. On a four (4) day Easter holiday, Part A would extend to 7:00 p.m. Saturday evening and Part B would extend to 7:00 p.m. Monday evening after which the children will resume their custodi8al time with the correct parent for the week. C. THANKSGIVING: With the understanding that the day will be split, the party exercising physical custody of the children the week of Thanksgiving shall keep the children until 3:00 p.m. Thanksgiving Day. The other parent would then exercise custody from 3:00 p.m. Thanksgiving Day until 7:00 p.m. Sunday. D. MEMORIA DAY, FOURTH OF JULY AND LABOR DAY: Memorial Day and Fourth of July will alternate each year from 7:00 p.m. Sunday (the evening before the holiday) to 7:00 pm. on the given holiday. Father will exercise custody on Memorial Day 2008 and Labor Day 2008. Fourth of July: This day will be determined each year. Mother shall exercise this day in the year 2008. Each parent may have the children from 8:00 a.m. until 8:00 p.m. the day of the holiday. E. MOTHER'S DAY, FATHER'S DAY, CHILDREN'S BIRTHDAYS The children will be with the mother on Mother's Day from 8:00 a.m. until 8:00 p.m. The children will be with the father on Father's day from 8:00 a.m. until 8:00 p.m. CHILDREN'S BIRTHDAYS: Which ever parent who does not have physical custody on the day of either child's birthday will be allowed to pick the child up for a "breakfast outing" on said day and return the child within a two (2) hour period. If this birthday should fall on a school day the receiving parent will insure the child's return before the scheduled bus boarding time, unless it is agreed by both parties that the receiving parent will take the child to school, insuring the child will attend and not be tardy, and it is further ORDERED, that each party shall be entitled to one uninterrupted, non-consecutive week of vacation with the children during their summer break from school. Said periods of vacation shall be taken during the parties' custodial week. Should either party travel away from home during their period of custody, they shall provide the non- custodial parent with a land-line telephone number where they can be reached, if available, and/or cell phone number, and it is further ORDERED: that the parties may modify the schedule set forth above as they may agree to be in the best interest of the children and the parties are encouraged to be flexible in accommodating reasonable requests for scheduled changes, and it is further ORDERED, that the non-custodial parent shall have reasonable telephone contact with the minor children from 6:00 p.m. to 8:00 p.m. and the minor children should not be precluded from telephoning the non-custodial parent at reasonable times. Should the minor children be unavailable to receive a telephone call from a parent, the custodial parent shall be responsible for having the child return the telephone call, and it is further ORDERED, each of the parties shall advise the other of any change in address, and it is further ORDERED, that the parties shall communicate directly by email or documented letters with each other regarding the minor children. If it is an emergency either parent can contact the other parent by phone or in person. Neither party shall allow any interference from any third person(s). The minor children shall not be used as intermediaries. All contacts between the parties, whether in person or by telephone, shall be polite, civil and respectful, and it is further ORDERED, the parties shall not conduct or permit arguments or heated conversations in the presence of the minor children, and it is further ORDERED, that neither party shall do anything to estrange the children from the other parent, and both parties shall encourage the children's relationship with the other parent, and it is further ORDERED, that neither party shall make or permit any other person or persons in the household to make any remarks or do anything which in any way could be construed as derogatory or uncomplimentary to the other party. It shall be the one express duty of each parent to uphold the other as one whom the children shall respect and love. Additionally, neither parent shall make any derogatory or uncomplimentary remarks about a friend, companion or relative of the other party in the presence of the children, and it is further ORDERED, that each party shall keep'the other advised on an ongoing basis of the schedule of all curricular and extra curricular activities and events in which the minor children are engaged. Both parties shall have the right to attend these activities and events and participate in them to the extent parents are normally allowed or encouraged to do so. During scheduled periods of custody, both parties shall be responsible for the children's attendance at regularly scheduled activities and special events that have been mutually agreed upon. If any medical and/or family emergency or situation occurs, the other parent must be understanding and respect the other family's decision. Should a party who has custody of the children on that current week has family plans, activities or events already scheduled of their own, on their time, the other parent must be understanding in these situations, and it is further ORDERED, each of the parties shall advise the other promptly of any illness suffered or injury sustained by the minor children, and it is further ORDERED, with regard to any emergency decision which must be made, the parent with whom the children are physically residing at the time shall be permitted to make the decision necessitated by the emergency but must call the other parent immediately. If the person placing the call cannot reach the other parent a message must be left with as much information as possible as well as a call back number, and it is further ORDERED, the parties agree (biological parents) to meet at the beginning of the new school year to discuss the activities of the children. Each party shall have the opportunity to decide which activities for their residential area the children shall be involved in. Neither party shall decide for the other. The parties agree to execute a schedule for all changes and each parent will follow this schedule until the next school term. If the parties cannot come to an agreement regarding the activities of the children, the children shall remain in the activities listed below: Amber - gymnastics in Carlisle Amber - cheerleading in Shippensburg Taylor - Flag Football in Newville Taylor - Midget Football in Shippensburg, and it is ORDERED, that both parties have the right to be involved in all activities of the children, and it is further ORDERED, the parties agree to communicate and discuss all issues involving the minor children and thus allowing the minor children to voice their opinions concerning any and all activities; however, all final decisions will be made by the parties, and it is further ORDERED, that the parties agree to provide transportation to and from the children's activities during their respective custody period, and it is further ORDERED, the parties agree to not put the children in the middle of any decision-making, and it is further ORDERED, that the parties agree to allow each other to assist in all activities or events concerning the minor children and to allow other family members or friends to be a part of the minor children's events and activities, and it is further ORDERED, that the parties agree to help each other in cases of emergencies and to allow any other family member including step-parents, to help should a party not be available, and it is further ORDERED, that the parties agree to share all materials purchased for said activities regardless of who purchased them, and it is further ORDERED, that the parties will ensure that the children will have all equipment needed for any activities in which they are involved, and it is further ORDERED, that any previously scheduled family plans and/or family time that a party may believe would be more beneficial to the child/children would occur, these family plans/family time will supercede any after school or community activities or events, and it is further ORDERED, that the parties agree that should either child not maintain a "C" average on their report cards all after school and community activities will cease until the next marking period and the grades are brought up, and it is further ORDERED, that the parties agree that should either child received a "D" or below on a test grade or if there is a problem with their behavior for any reason will result in said child not participating in any activities for a period of two weeks, and it is further ORDERED, that should either party have plans, vacation, family trip, etc., the other party and/or step-parent shall not harass, badger or question the minor children or make a child feel bad for missing any event or activity, and it is further ORDERED, that the provisions of prior Orders of this Court are hereby extinguished. BY THE COURT, _X4 • /?i vin A. Hess, J. 0?0 Aimothy S. Gordo. ,Aonald L. Farlli A U-L &9 9 / goci c CbMMONWEAI.TH (?F NOTARIAL SEAL BARBAR,= =,, A "I .I, y Public Boro of ; }wwewosioutp 1 u';, " 3: 0 COunty My Commission Expires Aug. 8, 2011 Copies to: P ! 'zv Cif.' nr IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD L. FARLLING 701 Bloserville Road Newville, PA 17241 Plaintiff/Respondent * CIVIL ACTION - LAW 04-2208 CIVIL VS. DIANA D. (FARLLING) PARSON; 85 Airport Road Shippensburg, PA 17257 Defendant/Petitioner PETITION FOR CONTENT COMES NOW, the Defendant/Petitioner, Diana D. (Farlling) Parson , by and through her attorney, Timothy S. Gordon, Esquire files this Petition for Contempt and would state: 1. That the parties to this action, Diana D. Parson , (hereafter referred to as "Petitioner and Donald L. Farlling, (hereafter referred to as "Respondent") are the natural parents of Taylor Joseph Farlling born, December 8, 1997 and Amber Lee Farlling, born January 29, 2002. 2. That an Amended Order of Court dated July 30, 2008 was entered by this Court concerning custody of the minor children. A copy of this Order is attached hereto as Exhibit No. 1. 3. That since the entry of this Order of Court certain circumstances have been brought to the attention of the Petitioner that warrants the filing of this Modification of Custody, those changes being as follows: a. The minor children were diagnosed with asthma in August, 2008 at Franklin County Pediatrics and Graham Medical Center. That the father has written a letter to Petitioner stating that he contacted Graham Medical refusing copies of the minor child, Taylor's medical records for the purposes of a second opinion. This was discussed with the Father by e-mail by the Petitioner before request was made to the doctor's office. b. That the Petitioner exercised care and custody of the minor children the week of September 15 through September 19, 2008. The Father had asked the Petitioner to watch the children until he got off work. During that week the father failed to provide the children's asthma medication for four days. C. That the Father no longer allows the Petitioner to watch the minor children when the father has to work. The Father now has a 16 year old male watching the children until the father or step-mother comes home from work. The Petitioner has concerns about the welfare of the minor children when she is available to care for the children and has offered in the past many times. d. That the father refuses to allow Graham Medical to release copies of the minor child, Amber's medical records from Graham Medical to Franklin Pediatrics as she provides medical coverage for Amber. e. That the father favors the minor child, Taylor over his daughter, Amber, in that he punishes her for things that he would not punish Taylor for. The father sends negative remarks about his children to the Petitioner in e- mails and letters. f. That the minor child, Amber, is experiencing separation anxiety when she has to go with her father. It is the Petitioners' understanding that Amber has discussed this issue with her father and step-mother, only to be verbally punished. g. That the minor child, Amber, is struggling in school and needs a more structured and stable environment. h. That the father has allowed the minor child, Taylor, drive a car in the field behind their house. i. That the Plaintiff/Respondent has violated the Court Order by not taking the minor children to their respective extra-curricular activities. j. That the Plaintiff/Respondent has violated the Court order by failing to pick the children up from school himself as Court Ordered and allowing other family members to pick the children up, allowing the minor child, Taylor, to sit in the front seat. This has been witnessed by the Defendant/Petitioner twice. k. That the Defendant/Petitioner believes that there are a number of issues concerning communication between the parties, medical care issues, discipline issues by the Plaintiff/Respondent, issues of the father regarding his ability to continue caring for the minor children, holiday issues, and the safety of the children. 4. That the Defendant/Petitioner believes that all the issues of concerns referenced above warrants the filing of this Petitioner for Modification of Custody. 5. That the Defendant/Petitioner believes that it would be in the best interest of the minor children that she be granted full custody and that a more simplified order of court be entered granting the father regular scheduled visitation. WHEREFORE, the Defendant/Petitioner, Diana (Farlling) Parson , respectfully requests this Honorable Court find the Plaintiff/Respondent, Donald L. Farlling, be held in Contempt of the Court Order dated July 30, 2008 and grant the Defendant/Petitioner sole physical custody of the two minor children with reasonable visitation with the Plaintiff/Respondent. DEC- I-a-MS ? O: e4A rpOM 1,71MOTHY [CROON PA 301 714 1140 T0:17175 969 P.7 VERIFICATION I verify that the statements made in this Petition for Contempt are true and correct. I understand that false statements herein are made subject to the penalties of le Pa.C.S.Section 4904 relating to unsworn falsifiCation to authorities. Date: ? Cpl 1 Timothy S. Gordon, Eaqu.ire 112 N. Potomac Street Hagerstown, MD 2 740 301-114-1102 Diana Marllinga Pa n TO THE PERSON ALLEGED TO BE IN CONTEMPT OF COURT: 1. It is alleged that you have disobeyed a court order, are in contempt of court and should go to jail until you obey the Court's Order. 2. You have the right to have a lawyer. If you already have a lawyer, you should consult the lawyer at once. If you do not have a lawyer, please note: (a) A lawyer can be helpful to you by: 1. explaining the allegations against you; 2. helping you determine and present any defense to those allegations; 3. explain to you the possible outcomes; and 4. helping you at the hearing. (b) Even if you do not plan to contest that you are in contempt of court, a lawyer can be helpful. (c) If you want a lawyer but do not have the money to hire one, the Public Defender may provider a lawyer for you. * To find out if the Public Defender will provide a lawyer for you, you must contact the Public Defender after any pre-hearing conference or master's hearing and at least ten (10) business days before the date of a hearing before a Judge. * If no pre-hearing conference or master's hearing is scheduled you should contact the Public Defender as soon as possible, at least ten (10) business days before the hearing before the Judge. * The clerk will tell you hour to contact the Public Defender. (d) If you want a lawyer but you cannot get one and the Public Defender will not provide one for you, contact the clerk's office as soon as possible. (e) DO NOT WAIT UNTIL THE DATE OF YOUR HEARING TO GET A LAWYER. If you do not have a lawyer before the hearing date, the court may find that you waived your right to a lawyer, and the hearing may be held with you unrepresented by a lawyer. 3. IF YOU DO NOT APPEAR FOR A SCHEDULED PRE-HEARING CONFERENCE, MASTER'S HEARING OR COURT HEARING BEFORE THE JUDGE, YOU WILL BE SUBJECT TO ARREST. J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD L. FARLLING Plaintiff * CIVIL ACTION - LAW 04-2208 CIVIL VS. DIANA D. (FARLLING) PARSON Defendant ?AMENDED ORDER AND NOW, this jo_t? day of ` kc , 2008, after hearing and consideration of the&/ est mony adduced, it is ordered and directed that following the Spring of 2008, the children in this case, Taylor Joseph Farliing born, December 8, 1997 and Amber Lee Farlling, born Januarv 29, 2002, will attend the Shippensburg Area School District, and it is further ORDERED, that the parties agree to share legal custody of the minor children as well as all decisions effecting the children's growth and development including, but not limited to medical, dental, psychiatric psychological therapy or treatment of any kind; decisions relating to actual or potential litigation involving the minor children, directly or as a beneficiary other than custody and litigation; education both secular and religious; choice of camp, if any; athletic pursuits and extra curricular activities shall be considered major decisions and shall be made by the parties jointly, after discussion and consultation with each other and a view toward obtaining and following a harmonious policy in the children's best interest. The parties shall endeavor to speak with one another before making any decisions effecting the schedule of the children, and it is further ORDERED, that the parties agree that neither shall unilaterally make decisions regarding the children's time that would effect the custodial time of the other parent, and it is further ORDERED, that the parties shall share physical custody of the minor children as follows: A. The parties shall share physical custody of the minor children on a 50/50 basis. All periods of physical custodv shall continue to alternate weekly with the custodial change taking place each Sunday at 7:00 p.m. during the school year and 8:00 p.m. in the summer. The receiving party is to pick up the children at the giving party's address. This place of exchange can be altered occasionally if a different place has been agreed upon by both parties. B. The parties agree that the mother's residence at 85 Airport Road, Shippensburg, Pennsylvania 17257 shall be the primary residence of the children for the purposes of the minor children attending Shippensburg Area School District. C. The Father shall drop the children off at their school(s) on time by providing transportation to and from school. If tardiness becomes an issue during Father's period of physical custody the minor children will be dropped off at the Mother's home in time for the children to get the morning bus. Father agrees to not take the children to his place of employment. With this understanding if at any time the children are at the Father's place of business during business hours the children will return to the Mother's home after school and the Father or step- mother will pick the children up after they get off work between 4:30 p.m. and 5:30 p.m.; D. The parties agree not to move from outside of their present residential home within a 25 mile radius. Should either party choose to move outside the 25 mile radius, then that party will exercise partial custody of the children_ on alternating weekends with primary physical custody remaining with the other parent, and it is further ORDERED, that the Father shall provide health insurance for the minor child, Taylor Farlling, including dental and eye care coverage, and it is further ORDERED, that the Mother shall provide health insurance for the minor child, Amber Farlling, including dental and eye care coverage, and it is further ORDERED, that the Father shall claim Taylor Farlling, as his dependent tax exemption for the year 2008 and each year thereafter and the Mother shall claim Amber Farlling as her tax exemption for the year 2008 and each year thereafter, and it is further ORDERED, that the following holiday and vacation schedule shall apply to the minor children unless otherwise agreed by the parties: A. CHRISTMAS The parties shall divide Christmas into three parts: Part A shall extend from the beginning of the Christmas vacation (meaning the first day that the. children are not required to attend school) until 2:00 p.m. on Christmas Day. Part B shall run from 2:00 p.m. on Christmas Day and extend a total number of days such that it shall be one-half of the total Christmas school holiday. Part C shah run from the close of Part B until the evening before the children would be required to return to school after Christmas break. It is the intent of the parties being that segment A and C will generally, to the greatest extent possible, equal segment B. One party shall have the right to custody during segments A and C, with the other party exercising right to custody with segment B, with these rights alternating each year. Mother shall exercise segment A and C in odd numbered years with Father having segment B. Father shall exercise segment A and C in even number years with Mother having segment B. B. EASTER If it is a three (3) day holiday and the children would be off for Good Friday this time will be split so both parents are able to spend family time together. The day of Easter will alternate each year with father exercising Part A on odd number years and mother exercising Part A even numbered years. The split would begin (part A) on Thursday night at 7:00 p.m. until 9:00 a.m. Saturday morning; Part B would begin Saturday morning at 9:00 a.m. until Sunday at 7:00 p.m. On a four (4) day Easter holiday, Part A would extend to 7:00 p.m. Saturday evening and Part B would extend to 7:00 p.m. Monday evening after which the children will resume their custodi8al time with the correct parent for the week. C. THANKSGIVING: With the understanding that the day will be split, the party exercising physical custody of the children the week of Thanksgiving shall keep the children until 3:00 p.m. Thanksgiving Day. The other parent would then exercise custody from 3:00 p.m. Thanksgiving Day until 7:00 p.m. Sunday. D. MEMORIA DAY, FOURTH OF JULY AND LABOR DAY: Memorial Day and Fourth of July will alternate each year from 7:00 p.m. Sunday (the evening before the holiday) to 7:00 pm. on the given holiday. Father will exercise custody on Memorial Day 2008 and Labor Day 2008. Fourth of July: This day will be determined each year. Mother shall exercise this day in the year 2008. Each parent may have the children from 8:00 a.m. until 8:00 p.m. the day of the holiday. E. MOTHER'S DAY, FATHER'S DAY, CHILDREN'S BIRTHDAYS The children will be with the mother on Mother's Day from 8:00 a.m. until 8:00 p.m. The children will be with the father on Father's day from 8:00 a.m. until 8:00 p.m. CHILDREN'S BIRTHDAYS: Which ever parent who does not have physical custody on the day of either child's birthday will be allowed to pick the child up for a "breakfast outing" on said day and return the child within a two (2) hour period. If this birthday should fall on a school day the receiving parent will insure the child's return before the scheduled bus boarding time, unless it is agreed by both parties that the receiving parent will take the child to school, insuring the child will attend and not be tardy, and it is further ORDERED, that each party shall be entitled to one uninterrupted, non-consecutive week of vacation with the children during their summer break from school. Said periods of vacation shall be taken during the parties` custodial week. Should either party travel away from home during their period of custody, they shall provide the non- custodial parent with a land-line telephone number where they can be reached, if available, and/or cell phone r_umber, and it is further ORDERED: that the parties may modify the schedule set forth above as they may agree to be in the best interest of the children and the parties are encouraged to be flexible in accoinmodating reasonable requests for scheduled changes, and it is further ORDERED, that the non-custodial parent shall have reasonable telephone contact with the minor children from 5:00 p.m. to 8:00 p.m. and the minor children should not be precluded from telephoning the non-custodial parent at reasonable times. Should the minor children be unavailable to receive a telephone call from a parent, the custodial parent shall be responsible for having the child return the telephone call, and it is further ORDERED, each of the parties shall advise the other of any change in address, and it is further ORDERED, that the parties shall communicate directly by email or documented letters with each other regarding the minor children. If it is an emergency either parent can contact the other parent by phone or in person. Neither party shall allow any interference from any third person(s). The mi nor children shall not be used as intermediaries. All contacts between the parties, whether in person or by telephone, shall be polite, civil and respectful, and it is further ORDERED, the parties shall not conduct or permit arguments or heated conversations in the presence of the minor children, and it is further ORDERED, that neither party shall do anything to estrange the children from the other parent, and both parties shall encourage the children's relationship with the other parent, and it is further ORDERED, that neither party shall make or permit any other person or persons in the household to make any remarks or do anything which in any way could be construed as derogatory or uncomplimentary to the other party. It shall be the one express duty of each parent to uphold the other as one whom the children shall respect and love. Additionally, neither parent shall make any derogatory or uncomplimentary remarks about a friend, companion or relative of the other party in the presence of the children, and it is further ORDERED, that each party shall keep'the other advised on an ongoing basis of the schedule of all curricular and extra curricular activities and events in which the minor children are engaged. Both parties shall have the right to attend these activities and events and participate in them to the extent parents are normally allowed or encouraged to do so. During scheduled periods of custody, both parties shall be responsible for the children's attendance at regularly scheduled activities and special events that have been mutually agreed upon.. If any medical and/or family emergency or situation occurs, the other parent must be understanding and respect the other family's decision. Should a party who has custody of the children on that current week has family plans, activities or events already scheduled of their own, on their time, the other parent must be understanding in these situations, and it is further ORDERED, each of the parties shall advise the other promptly of any illness suffered or injury sustained by the minor children, and it is further ORDERED, with regard to any emergency decision which must be made, the parent with whom the children are physically residing at the time shall be permitted to make the decision necessitated by the emergency but must call the other parent immediately. If the person placing the call cannot reach the other parent a message must be left with as much information as possible as well as a call back number, and it is further ORDERED, the parties agree (biological parents) to meet at the beginning of the new school year to discuss the activities of the children. Each party shall have the opportunity to decide which activities for their residential area the children shall be involved in. Neither party shall decide for the other. The parties agree to execute a schedule for all chancres and each parent will follow this schedule until the next school term. ?f the parties cannot come to an agreement regarding the activities of the children, the children shall remain in the activities listed below: Amber - gymnastics in Carlisle Amber - cheerleading in Shippensburg Taylor - Flag Football in Newville Taylor - Midget Football in Shippensburg, and it is ORDERED, that both parties have the right to be involved in all activities of the children, and it is further ORDERED, the parties agree to communicate and discuss all issues involving the minor children and thus allowing the minor children to voice their opinions concerning any and all activities; however, all final decisions will be made by the parties, and it is further ORDERED, that the parties agree to provide transportation to and from the children's activities during their respective custody period, and it is further ORDERED, the parties agree to not put the children in the middle of any decision-making, and it is further ORDERED, that the parties agree to allow each other to assist in all activities or events concerning the minor children and to allow other family members or friends to be a part of the minor children's events and activities, and it is further ORDERED, that the parties agree to help each other in cases of emergencies and to allow any other family member including step-parents, to help should a party not be available, and it is further ORDERED, that the parties agree to share all materials purchased for said activities regardless of who purchased them, and it is further ORDERED, that the parties will ensure that the children will have all equipment needed for any activities in which they are involved, and it is further ORDERED, that any previously scheduled family plans and/or family time that a party may believe would be more beneficial to the child/children would occur, these family plans/family time will supercede any after school or community activities or events, and it is further ORDERED, that the parties agree that should either child not maintain a "C" average on their report cards all after school and community activities will cease until the next marking period and the grades are brought up, and it is further ORDERED, that the parties agree that should either child received a "D" or below on a test grade or if there is a problem with their behavior for any reason will result in said child not participating in any activities for a period of two weeks, and it is further ORDERED, that should either party have plans, vacation, family trip, etc., the other party and/or step-parent shall not harass, badger or question the minor children or make a child feel bad for missing any event or activity, and it is further ORDERED, that the provisions of prior Orders of this Court are hereby extinguished. Diana ( Farlli s Donald L. Farlling Copies to: BY THE COURT, Kevin A. Hess, J. Timothy S. Gordon, Esquire Donald L. Farlling W, GC1ty1MJ1NWE-• LTH r'+-S`ii' ar a , Ac SON, vi e U 2011", i .F hard r °r 7" and 3. Pr howUry u? ? DONALD L. FARLLING IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2004-2208 CIVIL ACTION LAW DIANA D. (FARLLING) PARSON IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, January 21, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, February, 17, 2009 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ ac ueKne M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 _x r«tt 1el?Jtf) dt`F tt fr?? C t 0 ZZf FEB 19 2008 DONALD L. FARLLING, Plaintiff/Respondent VI. DIANA D. FARLLING, Defendant/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2004-2208 : IN CUSTODY ORDER OF COURT CIVIL ACTION - LAW AND NOW, this ZS-' day of 7-&6n , 2009, upon consideration of the attached Custody Conciliation R port, it is ordered and directed as follows: 1. Mother's Petition for Contempt shall be held in abeyance. 2. The prior Order of Court dated July 30, 2008 shall remain in full force and effect with the following modifications and additions: 3. Paternal Grandfather may drive the children to school during Father's week of physical custody, provided the children are seated in the back seat of the car and in appropriate car seats. During Father's week of physical custody, the children shall go the mother's house after school and Father will pick them up after work. 4. Amber's primary care physician shall be Franklin Pediatrics. Father shall arrange for copies of her medical records from Graham Medical Clinic to be sent to Franklin Pediatrics. Taylor's primary care physician shall be Graham Medical Clinic. Father shall arrange for a copy of Taylor's medical records to be sent to Franklin Pediatrics so that a second medical opinion can be obtained regarding possible asthma. 5. The parents shall discuss all extracurricular activities before either parent commits to a program. Once an extracurricular activity is agreed upon, the parents shall transport the children. The parents shall meet weekly to discuss the children's educational issues. 6. This Order is entered pursuant to an agreement of the parties. 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 k 4 r M1snF*? 9S 43 V 9Z 83J 600Z BY THE COURT, Kevin. ..l Hess, J. cc:Xl'm'othy S. Gordon, Esquire, Counsel for Mother P6n"ald L. Farlling, pro se 701 Blosserville Road Newville, PA 17241 FEB f 9 2008 DONALD L. FARLLING, Plaintiff/Respondent V. DIANA D. FARLLING, Defendant/Petitioner PRIOR JUDGE: Kevin A. Hess, J. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2004-2208 CIVIL ACTION - LAW : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Taylor Joseph Farlling December 8, 1997 shared Amber Lee Farlling January 29, 2002 shared 2. The Honorable Kevin A. Hess entered a prior Order of Court dated July 30, 2008 providing for shared legal and shared physical custody. Mother filed a Petition for Contempt. 3. The parties agreed to the entry of an Order in the form as attached. -(?-0q 14, Date Jac eline M. Verney, Esquire Custody Conciliator DONALD L. FARLLING : IN THE COURT OF COMMON PLEAS Plaintiff/Respondent : CUMBERLAND COUNTY, PENNA Vs. :NO. 13-3456 CIVIL TERM DIANA D. FARLLING : CIVIL ACTION - LAW Defendant/Petitioner : IN CUSTODY PETITION TO MODIFY CUSTODY AND NOW, this day of , 2009, the following Petition to Modify, is presented by the Petitioner, Donald L. Farlling, as follows: 1. Petitioner is Donald L. Farlling an adult individual currently residing at 701 Bloserville Rd., Newville, Cumberland County, Pennsylvania, 17241. 2. Respondent is Diana D. Farlling, an adult individual currently residing at 85 Airport Rd., Shippensburg, Cumberland County, Pennsylvania, 17257 3. Petitioner seeks to modify custody of the following children: Name Present Residence Age Taylor J. Farlling 11 yrs; DOB 12/8/1997 Amber L. Farlling 7 yrs; DOB 1/29/2002 The children were born out of or in wedlock. 4. Pursuant to the Order of Court entered on February 25", 2009 & July 3&, 2008, the parties have shared legal and physical custody. (See copy of Order attached hereto as Exhibit 1). 5. Petitioner seeks modification of the current Order for the following reasons: A. To seek transportation to be provided by Shippensburg School District, to and from father's home. (see attached letter from Shippensburg School District as Exhibit 2). B. To seek order concerning activities and finical situation. C. To seek child support to stop due to finical situation. D. To seek a new schedule for Holidays and special events. I E. To allow any family or friends to help out in transporting the children to and from school, homes, and any special event. WHEREFORE, Petitioner requests the court to grant the modification of his request listed in this Petition. Date: 3- /3--M Respectfully submi Donald L. Far lin 701 Bloserville Rd. Newville, PA 17241 (717)776-6772 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD L. FARLLING Plaintiff * CIVIL ACTION - LAW 04-2208 CIVIL VS. DIANA D. (FARLLING) PARSON Defendant AMZND$D ORDBR AND NOW, this -, 11-4 day of , 2008, after hearing and consideration of the est mony adduced, it is ordered and directed that following the Spring of 2008, the children in this case, Taylor Joseph Farlling born, December 8, 1997 and Amber Lee Farlling, born January 29, 2002, will attend the Shippensburg Area School District, and it is further ORDERED, that the parties agree to share legal custody of the minor children as well as all decisions effecting the children's growth and development including, but not limited to medical, dental, psychiatric psychological therapy or treatment of any kind; decisions relating to actual or potential litigation involving the minor children, directly or as a beneficiary other than custody and litigation; education both secular and religious; choice of camp, if any; athletic pursuits and extra curricular activities shall be considered major decisions and shall be made by the parties jointly, after discussion and consultation with each other and a view toward obtaining and following a harmonious policy in the children's best interest. The parties shall endeavor to speak with one another before making any decisions effecting the schedule of the children, and it is further ORDERED, that the parties agree that neither shall unilaterally make decisions regarding the children's time that would effect the custodial time of the other parent, and it is further I OEDERED, that the parties shall share physical custody of the minor children as follows: A. The parties shall share physical custody of the minor children on a 50/50 basis. All periods of physical custody shall continue to alternate weekly with the custodial change taking place each Sunday at 7:00 p.m. during the school year and 8:00 p.m. in the summer. The receiving party is to pick up the children at the giving party's address. This place of exchange can be altered occasionally if a different place has been agreed upon by both parties. B. The parties agree that the mother's residence at 85 Airport Road, Shippensburg, Pennsylvania 17257 shall be the primary residence of the children for the purposes of the minor children attending Shippensburg Area School District. C. The Father shall drop the. children off at their school(s) on time by providing transportation to and from school. If tardiness becomes an issue during Father's period of physical custody the minor children will be dropped off at the Mother's home in time for the children to get the morning bus. Father agrees to not take the children to his place of employment. With this understanding if at any time the children are at the Father's place of business during business hours the children will return to the Mother's home after school and the Father or step- mother will pick the children up after they get off work between 4:30 p.m. and 5:30 p.m.; D. The parties agree not to move from outside of their present residential home within a 25 mile radius. Should either party choose to move outside the 25 mile radius, then that party will exercise partial custody of the children on alternating weekends with primary physical custody remaining with the other parent, and it is further ORDERED, that the Father shall provide health insurance for the minor child, Taylor Farlling, including dental and eye care coverage, and it is further ORDERED, that the Mother shall provide health insurance for the minor child, Amber Farlling, including dental and eye care coverage, and it is further ORDERED, that the Father shall claim Taylor Farlling, as his dependent tax exemption for the year 2008 and each year thereafter and the Mother shall claim Amber Farlling as her tax exemption for the year 2008 and each year thereafter, and it is further ORDERED, that the following holiday and vacation schedule shall apply to the minor children unless otherwise agreed by the parties: A. CHRISTMAS The parties shall divide Christmas into three parts: Part A shall extend from the beginning of the Christmas vacation (meaning the first day that the children are not required to attend school) until 2:00 p.m. on Christmas Day. Part B shall run from 2:00 p.m. on Christmas Day and extend a total number of days such that it shall be one-half of the total Christmas school holiday. Part C shall run from the close of Part B until the evening before the children would be required to return to school after Christmas break. It is the intent of the parties being that segment A and C will generally, to the greatest extent possible, equal segment B. One party shall have the right to custody during segments A and C, with the other party exercising right to custody with segment B, with these rights alternating each year. Mother shall exercise segment A and C in odd numbered years with Father having segment B. Father shall exercise segment A and C in even number years with Mother having segment B. B. EASTER If it is a three (3) day holiday and the children would be off for Good Friday this time will be split so both parents are able to spend family time together. The day of Easter will alternate each year with father exercising Part A on odd number years and mother exercising Part A even numbered years. The split would begin (part A) on Thursday night at 7:00 p.m. until 9:00 a.m. Saturday morning; Part B would begin Saturday morning at 9:00 a.m. until Sunday at 7.00 p.m. On a four (4) day Easter holiday, Part A would extend to 7:00 p.m. Saturday evening and Part B would extend to 7:00 p.m. Monday evening after which the children will resume their custodi8al time with the correct parent for the week. C. THANKSGIVING: With the understanding that the day will be split, the party exercising physical custody of the children the week of Thanksgiving shall keep the children until 3:00 p.m. Thanksgiving Day. The other parent would then exercise custody from 3:00 p.m. Thanksgiving Day until 7:00 p.m. Sunday. D. MEMORIA DAY, FOURTH OF JULY AND LABOR DAY: Memorial Day and Fourth of July will alternate each year from 7:00 p.m. Sunday (the evening before the holiday) to 7:00 pm. on the given holiday. Father will exercise custody on Memorial Day 2008 and Labor Day 2008. Fourth of July: This day will be determined each year. Mother shall exercise this day in the year 2008. Each parent may have the children from 8:00 a.m. until 8:00 p.m. the day of the holiday. E. MOTHER'S DAY, FATHER'S DAY, CHILDREN'S BIRTHDAYS The children will be with the mother on Mother's Day from 8:00 a.m. until 8:00 p.m. The children will be with the father on Father's day from 8:00 a.m. until 8:00 p.m. CHILDREN'S BIRTHDAYS: Which ever parent who does not have physical custody on the day of either child's birthday will be allowed to pick the child up for a "breakfast outing" on said day and return the child within a two (2) hour period. If this birthday should fall on a school day the receiving parent will insure the child's return before the scheduled bus boarding time, unless it is agreed by both parties that the receiving parent will take the child to school, insuring the child will attend and not be tardy, and it is further ORDERED, that each party shall be entitled to one uninterrupted, non-consecutive week of vacation with the children during their summer break from school. Said periods of vacation shall be taken during the parties' custodial. week. Should either party travel away from home during their period of custody, they shall provide the non- custodial parent with a land-line telephone number where they can be reached, if available, and/or cell phone number, and it is further ORDERED: that the parties may modify the schedule set forth above as they may agree to be in the best interest of the children and the parties are encouraged to be flexible in accommodating reasonable requests for scheduled changes, and it is further ORDERED, that the non-custodial parent shall have reasonable telephone contact with the minor children from 6:00 p.m. to 8:00 p.m. and the minor children should not be precluded from telephoning the non-custodial parent at reasonable times. Should the minor children be unavailable to receive a telephone call from a parent, the custodial parent shall be responsible for having the child return the telephone call, and it is further ORDERED, each of the parties shall advise the other of any change in address, and it is further ORDERED, that the parties shall communicate directly by email or documented letters with each other regarding the minor children. If it is an emergency either parent can contact the other parent by phone or in person. Neither party shall allow any interference from any third person(s). The minor children shall not be used as intermediaries. All contacts between the parties, whether in person or by telephone, shall be polite, civil and respectful, and it is further ORDERED, the parties shall not conduct or permit arguments or heated conversations in the presence of the minor children, and it is further ORDERED, that neither party shall do anything to estrange the children from the other parent, and both parties shall encourage the children's relationship with the other parent, and it is further ORDERED, that neither party shall make or permit any other person or persons in the household to make any remarks or do anything which in any way could be construed as derogatory or uncomplimentary to the other party. It shall be the one express duty of each parent to uphold the other as one whom the children shall respect and love. Additionally, neither parent shall make any derogatory or uncomplimentary remarks about a friend, companion or relative of the other party in the presence of the children, and it is further ORDERED, that each party shall keep'the other advised on an ongoing basis of the schedule of all curricular and extra curricular activities and events in which the minor children are engaged. Both parties shall have the right to attend these activities and events and participate in them to the extent parents are normally allowed or encouraged to do so. During scheduled periods of custody, both parties shall be responsible for the children's attendance at regularly scheduled activities and special events that have been mutually agreed upon. If any medical and/or family emergency or situation occurs, the other parent must be understanding and respect the other family's decision. Should a party who has custody of the children on that current week has family plans, activities or events already scheduled of their own, on their time, the other parent must be understanding in these situations, and it is further ORDERED, each of the parties shall advise the other promptly of any illness suffered or injury sustained by the minor children, and it is further ORDERED, with regard to any emergency decision which must be made, the parent with whom the children are physically residing at the time shall be permitted to make the decision necessitated by the emergency but must call the other parent immediately. If the person placing the call cannot reach the other parent a message must be left with as much information as possible as well as a call back number, and it is further ORDERED, the parties agree (biological parents) to meet at the beginning of the new school year to discuss the activities of the children. Each party shall have the opportunity to decide which activities for their residential area the children shall be involved in. Neither party shall decide for the other. The parties agree to execute a schedule for all changes and each parent will follow this schedule until the next school term. If the parties cannot come to an agreement regarding the activities of the children, the children shall remain in the activities listed below: Amber - gymnastics in Carlisle Amber - cheerleading in Shippensburg Taylor - Flag Football in Newville Taylor - Midget Football in Shippensburg, and it is ORDERED, that both parties have the right to be involved in all activities of the children, and it is further ORDERED, the parties agree to communicate and discuss all issues involving the minor children and thus allowing the minor children to voice their opinions concerning any and all activities; however, all final decisions will be made by the parties, and it is further ORDERED, that the parties agree to provide transportation to and from the children's activities during their respective custody period, and it is further ORDERED, the parties agree to not put the children in the middle of any decision-making, and it is further ORDERED, that the parties agree to allow each other to assist in all activities or events concerning the minor children and to allow other family members or friends to be a part of the minor children's events and activities, and it is further ORDERED, that the parties agree to help each other in cases of emergencies and to allow any other family member including step-parents, to help should a party not be available, and it is further ORDERED, that the parties agree to share all materials purchased for said activities regardless of who purchased them, and it is further ORDERED, that the parties will ensure that the children will have all equipment needed for any activities in which they are involved, and it is further 0 ORDERED, that any previously scheduled family plans and/or family time that a party may believe would be more beneficial to the child/children would occur, these family plans/family time will supercede any after school or community activities or events, and it is further ORDERED, that the parties agree that should either child not maintain a "C" average on their report cards all after school and community activities will cease until the next marking period and the grades are brought up, and it is further ORDERED, that the parties agree that should either child received a "D" or below on a test grade or if there is a problem with their behavior for any reason will result in said child not participating in any activities for a period of two weeks, and it is further ORDERED, that should either party have plans, vacation, family trip, etc., the other party and/or step-parent shall not harass, badger or question the minor children or make a child feel bad for missing any event or activity, and it is further ORDERED, that the provisions of prior Orders of this Court are hereby extinguished. BY THE COURT, A. Hess, J. Timothy S. Gordon, Esquire Donald L. Farlling ?? f a 0? ziaj--Q- COMMONWEALTH of PENIN-1-2-, -------------- 40-1 6AI SEAI SAR$pc;.;.? ak y Public , Borb 0 1flwl,: ?;O# "` 'd'10 40Un1y My Commission Expires Aug. 8, 2011 In {rv hand zeai of ..+i Coui * a',Iji.i ry ca. 79 AA A I ? nAw /1 A AM ?'' w Copies to: FEB 4 9 2008 DONALD L. FARLLING, PlaintifVRespondent VI. DIANA D. FARLLING, Defendant/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2004-2208 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT A AND NOW, this A day of 10 ? n" , 2009, upon consideration of the attached Custody Conciliation Report, it' ordered and directed as follows: 1. Mother's Petition for Contempt shall be held in abeyance. 2. The prior Order of Court dated July 30, 2008 shall remain in full force and effect with the following modifications and additions: 3. Paternal Grandfather may drive the children to school during Father's week of physical custody, provided the children are seated in the back seat of the car and in appropriate car seats. During Father's week of physical custody, the children shall go the mother's house after school and Father will pick them up after work. 4. Amber's primary care physician shall be Franklin Pediatrics. Father shall arrange for copies of her medical records from Graham Medical Clinic to be sent to Franklin Pediatrics. Taylor's primary care physician shall be Graham Medical Clinic. Father shall arrange for a copy of Taylor's medical records to be sent to Franklin Pediatrics so that a second medical opinion can be obtained regarding possible asthma. 5. The parents shall discuss all extracurricular activities before either parent commits to a program. Once an extracurricular activity is agreed upon, the parents shall transport the children. The parents shall meet weekly to discuss the children's educational issues. 6. This Order is entered pursuant to an agreement of the parties. 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, Kevin Hess, J. cc: Timothy S. Gordon, Esquire, Counsel for Mother Donald L. Farlling, pro se 701 Blosserville Road Nevwille, PA 17241 {{,? ? 6R' D In 3', (7 i U Sit My haw an -Jie s .?Qi of d OUrt at la t"sle1'3_ 42.4 da of.1? ., mill jrw; nnim? ./ DONALD L. FARLLING, Plaintiff/Respondent V. DIANA D. FARLLING, Defendant/Petitioner PRIOR JUDGE: Kevin A. Hess, J. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2004-2208 CIVIL ACTION - LAW : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: I . The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Taylor Joseph Farlling December 8, 1997 shared Amber Lee Farlling January 29, 2002 shared 2. The Honorable Kevin A. Hess entered a prior Order of Court dated July 30, 2008 providing for shared legal and shared physical custody. Mother filed a Petition for Contempt. ;. The parties agreed to the entry of an Order in the form as attached. Date Jac eline M. Verney, Esquire Custody Conciliator SHIPPENSBURG AREA 317 North Morris Street SCHOOL DISTRICT Shippensburg, PA 17257 Telephone 717-530-2710 Fax 717-530-2847 February 19, 2009 Donald and Danielle Farlling 701 Bloserville Rd Newville, PA 17241 Dear Mr. and Mrs. Farlling, I was contacted by Danielle Farlling on Tuesday February 17 to discuss the transportation arrangements in Amber and Taylor's custody agreement. The District was advised by our School Solicitor to fully abide by the current custody agreement dated July 30, 3008, which specifically states that "the Father shall drop the children off at their school(s) on time by providing transportation to and from school." Following that specific wording the District was advised to not provide transportation for Amber and Taylor on the weeks they reside at their father's house. The District's transportation policy #810 does allow for students to have multiple bus assignments if- • The route operates from the students assigned school • The route does not have to be changed or extended • The number of students does not exceed the legal limits for the vehicle • The request is the result of a court approved custodial agreement that stipulates shared custody in increments of one week or more. As mentioned previously, even though the custody agreement is in increments of one week or more the District was advised to follow the specific wording within the agreement. A copy of this letter is being sent to Diana Parson, the mother of Amber and Taylor, to share this information with her. Please keep the District informed if there are any changes to Amber and Taylor's custody agreement. Sincerely, Nicole L Weber Assistant Business Administrator CC: Diana Parson r T O 7 DONALD L. FARLLING IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DIANA D. FARLLING DEFENDANT 2004-2208 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, March 17, 2009 _,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, April. 20, 2009 at 9:30 AM for a Pre-Hearing Custody Conference, At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and CustodV orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ac uelrne M. Verne Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 61 : Wd 61W 60Z 60 k1 yQ-df£' . SAY ZUU9 (?, DONALD L. FARLLING, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2004-2208 CIVIL ACTION - LAW DIANA D. FARLLING, Defendant/Petitioner/Respondent : IN CUSTODY ORDER OF COURT AND NOW, this a6 -a day of , 2009, upon consideration of the attached Custody Conciliation port, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. of the Cumberland County Court House, on the day of , 2009, at l 13 el o'clock, /?. M., at which time testimony will be eiz for purposes of this Hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Orders of Court dated July 30, 2008 and February 25, 2009 shall remain in full force and effect. 3. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: Timothy S. Gordon, Esquire, Counsel for /Donald L. Farlling, pro se 701 Bloserville Road Newville, Pa 17241 s?? s?o9 --;' Vt- 4?/A Kevin . Hess, J. ca Lt3 r'; c-i DONALD L. FARLLING, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2004-2208 CIVIL ACTION - LAW DIANA D. FARLLING, Defendant/Petitioner/Respondent : IN CUSTODY PRIOR JUDGE: Kevin A. Hess, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Taylor J. Farlling December 8, 1997 shared Amber L. Farlling January 29, 2002 shared 2. A Conciliation Conference was held May 11, 2009 with the following individuals in attendance: The Father, Donald L. Farlling, pro se, and the Mother, Diane D. Farlling, by telephone, whose attorney, Timothy Gordon, Esquire was not available. 3. The Honorable Kevin A. Hess previously entered Orders of Court dated July 30, 2008 and February 25, 2009 providing for shared legal custody and shared physical custody on a week on/week off schedule. Mother filed a Petition for Contempt. At the first conciliation conference the parties agreed to a modification of the Custody Order dealing with who was the primary care physician for the children, and the scheduling of extracurricular activities. Father thereafter filed a Petition to Modify seeking a revision of language dealing with transportation to school, extracurricular activities and a new schedule for holidays. 4. Mother's position on custody is as follows: Mother seeks shared legal and shared physical custody and a finding that Father is in Contempt of the Order of Court dated July 30, 2008 because Father failed to take the children to their extracurricular activities and failed to personally pick up the children after school. She disagrees with Father's request for modification. 5. Father's position on custody is as follows: Father seeks the continuation of shared legal and shared physical custody. Father denies the allegations of contempt. Father is seeking a modification of the Court Orders concerning the transportation language because he believes the school district will transport the children if the restrictive language is deleted from the Court Order. He also wishes to have a say in the extracurricular activities that Mother enrolls the children in because transporting them to the activities creates a financial burden on him. Lastly he seeks a change in the holiday schedule. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and maintaining the current Orders. It is expected that the Hearing will require one day. ,5-- D ate Jac line M. Verney, Esquire oo' Custody Conciliator DONALD L. FARLLING, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW 04-2208 CIVIL DIANA D. FARLLING, Defendant IN CUSTODY ORDER AND NOW, this y" day of August, 2009, at the request of counsel for the defendant, hearing in the above matter set for August 5, 2009, is continued generally. BY THE COURT, Kevin A/ Donald Farlling, Pro Se Plaintiff Timothy Gordon, Esquire For the Defendant Am (? II l:. t 'S's enat LCL 9/.T/o.7 tzq) J. i? T H`` AUG -5 Fps i t]: 1 3 DONALD L. FARLLING, Plaintiff/Respondent V. DIANA D. FARLLING (PARSON), Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2004-2208 CIVIL IN CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Diana D. Farlling (Parson), Petitioner, to proceed in forma au eris. I, Jessica Holst, attorney for the party proceeding in forma ap uperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. Jess' olst, Esquire Mid Penn Legal Services 401 East Louther Street Carlisle, PA 17013 n (717) 243-9400 ' ` u3r ° -- C2 '. : DONALD L. FARLLING, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW DIANA D. FARLLING (PARSON), NO. 2004-2208 CIVIL ` r~- Defendant/Petitioner IN CUSTODY PETITION FOR CONTEMPT AND MODIFICATION ' Petitioner, DIANA D. FARLLING (PARSON), by and through her counsel, Jessica lolst, _< , of MidPenn Legal Services, states the following: 1. Defendant/Petitioner, hereinafter referred to as Mother, resides at 85 Airport Road, Cumberland County, Shippensburg, Pennsylvania 17257. 2. Plaintiff/Respondent, hereinafter referred to as Father, resides at 701 Bloserville Road, Cumberland County, Newville, Pennsylvania 17241. 3. The above-named parties are the natural parents of Taylor J. Farlling, born December 8, 1997 and Amber Lee Farlling, born January 29, 2002. 4. Prior custody orders were entered in this case on July 30, 2008 and February 25, 2009, by The Honorable Kevin A. Hess. The Orders, in pertinent part, grant the parties shared legal and physical custody of the children with periods of custody alternating weekly each Sunday at 7:00 p.m. during the school year and 8:00 p.m. during the summer. (Copies of both orders are attached as "Exhibit A"). On February 6, 2011 the parties entered into a signed agreement changing the time and date of the exchanges to Monday at 4:00 p.m. (Copy of signed agreement attached as "Exhibit B"). 5. The parties followed the shared custody schedule until early April 2012 when Father unilaterally decided to keep custody of Taylor while continuing shared custody of Amber. P-P 6. Father has willfully disobeyed the Court Order, and is not acting in Taylor's best interest, in ways including, but not limited to, the following: a. Refusing to permit Mother to exercise her periods of physical custody since early April of 2012 by withholding Taylor from Mother. b. Refusing to work cooperatively with Mother to ensure an ongoing mother-son relationship. c. Acting in a manner that suggests a desire to estrange Taylor from Mother and to interfere with their mother-son relationship. 7. Mother is entitled to the shared physical custody schedule with both children. 8. Counsel for Mother has confirmed that Father is represented by Attorney Stanley J. A. Laskowski, and is able to determine that Father does not concur with the relief requested. WHEREFORE, Mother respectfully requests that this Court: a. Find Respondent in contempt of the current Custody Orders; b. Schedule the matter for expedited conciliation; c. Order the parties to return to the custody schedule; d. Grant mother make-up time for what she has lost since early April as a result of Father's actions; e. Any other relief this Court finds just and proper. Jess * Holst, Esquire Mid nn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 VERIFICATION The above-named PETITIONER, DIANA D. FARLLING (PARSON), verifies that the statements made in the above Petition for Contempt are true and correct. PETITIONER understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: C) C? ?az azy ; DIANA D. FARLLING (PARSON) FEB t e zoos y DONALD L. FARLLING, Ph&tWReapondent VI. DIANA D. FARLLING, Defeadant/Petidoaer : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2004-2208 IN CUSTODY ORDER OF COURT CIVIL ACTION - LAW AND NOW, this Air" day of V-thw 2009, upon consideration of the attached Custody Conciliation R ort, it is ordered and directed as follows: 1. Mother's Petition for Contempt shall be held in abeyance. 2. The prior Order of Court dated July 30, 2008 shall remain in full force and effect with the following modifications and additions: 3. Paternal Grandfather may drive the children to school during Father's week of physical custody, provided the children are seated in the back seat of the car and in appropriate car seats. During Father's wed: of physical custody, the children shall go the mother's house after school and Father will pick them up after work. 4. Amber's primary care physician shall be Franklin Pediatrics. Father shall arrange for copies of her medical records fi+om Graham Medical Clinic to be sent to Franklin Pediatrics. Taylor's primary care physician shall be Graham Medical Clinic. Father shall arrange for a copy of Taylor's medical records to be sew to Franklin Pediatrics so that a second medical opinion can be obtained regarding possible asthma. 5. The parents shall discuss all extracurricular activities before either parent commits to a program. Once an extracurricular activity is agreed upon, the parents shall transport the children. The parents shall meet weekly to discuss the children's educational issues. 6. This Order is entered pursuant to an agreement of the parties. 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 EXhi bi+ A FiL ..t.? .ir-r;i,c i;F THE F:,'} i ., OTARY 2009 F8 26 AM 8: 50 cc-Tlt othy S. Gordon, Esquire, Counsel fot PdQa L. Fulling, pro se 701 Blosserville Road Nevwille, PA 172 A BY THE COURT, FEB [ 9 2008 DONALD L. FARLLING, PlaintiH/Rapoadent V. DIANA D. FARLLING, Defe?dait/Petitf Deer PRIOR JUDGE: Kevin A. Hess, J. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2064-2208 CIVIL ACTION - LAW : IN CUSTODY IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Taylor Joseph Failing December 8, 1997 shared Amber Lee Farlling January 29, 2002 shared 2. The Honorable Kevin A. Hess entered a prior Order of Court dated July 30, 2008 providing for shared legal and shared physical custody. Mother filed a Petition for Contempt. 3. The parties agreed to the entry of an Order in the form as attached. 'a -18 -oq Date line M. Verney, Esquire Custody Conciliator IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD L. FARLLING Plaintiff * CIVIL ACTION - LAW 04-2208 CIVIL VS. DIANA D. (FARLLING) PARSON Defendant AND NOW, this J94 day of 99A. , 2008, after hearing and consideration of the est ny adduced, it is ordered and directed that following the Spring of 2008, the children in this case, Taylor Joseph Farlling born, December 8, 1997 and Amber Lee Farlling, born January 29, 2002, will attend the Shippensburg Area School District, and it is further ORDERED, that the parties agree to share legal custody of the minor children as well as all decisions effecting the children's growth and development including, but not limited to medical, dental, psychiatric psychological therapy or treatment of any kind; decisions relating to actual or potential litigation involving the minor children, directly or as a beneficiary other than custody and litigation; education both secular and religious; choice of camp, if any; athletic pursuits and extra curricular activities shall be considered major decisions and shall be made by the parties jointly, after discussion and consultation with each other and a view toward obtaining and following a harmonious policy in the children's best interest. The parties shall endeavor to speak with one another before making any decisions effecting the schedule of the children, and it is further ORDERED, that the parties agree that neither shall unilaterally make decisions regarding the children's time that would effect the custodial time of the other parent, and it is further OEDERED, that the parties shall share physical custody of the minor children as follows: A. The parties shall share physical custody of the minor children on a 50/50 basis. All periods of physical custody shall continue to alternate weekly with the custodial change taking place each Sunday at 7:00 p.m. during the school year and 8:00 p.m. in the summer. The receiving party is to pick up the children at the giving party's address. This place of exchange can be altered occasionally if a different place has been agreed upon by both parties. B. The parties agree that the mother's residence at 85 Airport Road, Shippensburg, Pennsylvania 17257 shall be the primary residence of the children for the purposes of the minor children attending Shippensburg Area School District. C. The Father shall drop the children off at their school(s) on time by providing transportation to and from school. If tardiness becomes an issue during Father's period of physical custody the minor children will be dropped off at the Mother's home in time for the children to get the morning bus. Father agrees to not take the children to his place of employment. With this understanding if at any time the children are at the Father's place of business during business hours the children will return to the Mother's home after school and the Father or step- mother will pick the children up after they get off work between 4:30 p.m. and 5:30 p.m.; D. The parties agree not to move from outside of their present residential home within a 25 mile radius. Should either party choose to move outside the 25 mile radius, then that party will exercise partial custody of the children on alternating weekends with primary physical custody remaining with the other parent, and it is further ORDERED, that the Father shall provide health insurance for the minor child, Taylor Farlling, including dental and eye care coverage, and it is further ORDERED, that the Mother shall provide health insurance for the minor child, Amber Farlling, including dental and eye care coverage, and it is further ORDERED, that the Father shall claim Taylor Farlling, as his dependent tax exemption for the year 2008 and each year thereafter and the Mother shall claim Amber Farlling as her tax exemption for the year 2008 and each year thereafter, and it is further ORDERED, that the following holiday and vacation schedule shall apply to the minor children unless otherwise agreed by the parties: A. CHRISTMAS The parties shall divide Christmas into three parts: Part A shall extend from the beginning of the Christmas vacation (meaning the first day that the. children are not required to attend school) until 2:00 p.m. on Christmas Day. Part s shall run from 2:00 p.m. on Christmas Day and extend a total number of days such that it shall be one-half of the total Christmas school holiday. Part C shall run from the close of Part B until the evening before the children would be required to return to school after Christmas break. It is the intent of the parties being that segment A and C will generally, to the greatest extent possible, equal segment B. One party shall have the right to custody during segments A and C, with the other party exercising right to custody with segment B, with these rights alternating each year. Mother shall exercise segment A and C in odd numbered years with Father having segment B. Father shall exercise segment A and C in even number years with Mother having segment B. B. EASTER If it is a three (3) day holiday and the children would be off for Good Friday this time will be split so both parents are able to spend family time together. The day of Easter will alternate each year with father exercising Part A on odd number years and mother exercising Part A even numbered years. The split would begin (part A) on Thursday night at 7:00 p.m. until 9:00 a.m. Saturday morning; Part B would begin Saturday morning at 9:00 a.m. until Sunday at 7:00 p.m. On a four (4) day Easter holiday, Part A would extend to 7:00 p.m. Saturday evening and Part B would extend to 7:00 p.m. Monday evening after which the children will resume their custodi8al time with the correct parent for the week. C. THANKSGIVING: With the understanding that the day will be split, the party exercising physical custody of the children the week of Thanksgiving shall keep the children until 3:00 p.m. Thanksgiving Day. The other parent would then exercise custody from 3:00 p.m. Thanksgiving Day until 7:00 p.m. Sunday. D. MEMORIA DAY, FOURTH OF JULY AND LABOR DAY: Memorial Day and Fourth of July will alternate each year from 7:00 p.m. Sunday (the evening before the holiday) to 7:00 pm. on the given holiday. Father will exercise custody on Memorial Day 2008 and Labor Day 2008. Fourth of July: This day will be determined each year. Mother shall exercise this day in the year 2008. Each parent may have the children from 8:00 a.m. until 8:00 p.m. the day of the holiday. E. MOTHER'S DAY, FATHER'S DAY, CHILDREN'S BIRTHDAYS The children will be with the mother on Mother's Day from 8:00 a.m. until 8:00 p.m. The children will be with the father on Father's day from 8:00 a.m. until 8:00 p.m. CHILDREN'S BIRTHDAYS: Which ever parent who does not have physical custody on the day of either child's birthday will be allowed to pick the child up for a "breakfast outing" on said day and return the child within a two (2) hour period. If this birthday should fall on a school day the receiving parent will insure the child's return before the scheduled bus boarding time, unless it is agreed by both parties that the receiving parent will take the child to school, insuring the child will attend and not be tardy, and it is further ORDERED, that each party shall be entitled to one uninterrupted, non-consecutive week of vacation with the children during their summer break from school. Said periods of vacation shall be taken during the parties' custodial week. Should either party travel away from home during their period of custody, they shall provide the non- custodial parent with a land-line telephone number where they can be reached, if available, and/or cell phone number, and it is further ORDERED: that the parties may modify the schedule set forth above as they may agree to be in the best interest of the children and the parties are encouraged to be flexible in accommodating reasonable requests for scheduled changes, and it is further ORDERED, that the non-custodial parent shall have reasonable telephone contact with the minor children from 6:00 p.m. to 8:00 p.m. and the minor children should not be precluded from telephoning the non-custodial parent at reasonable times. Should the minor children be unavailable to receive a telephone call from a parent, the custodial parent shall be responsible for having the child return the telephone call, and it is further ORDERED, each of the parties shall advise the other of any change in address, and it is further ORDERED, that the parties shall communicate directly by email or documented letters with each other regarding the minor children. If it is an emergency either parent can contact the other parent by phone or in person. Neither party shall allow any interference from any third person(s). The minor children shall not be used as intermediaries. All contacts between the parties, whether in person or by telephone, shall be polite, civil and respectful, and it is further ORDERED, the parties shall not conduct or permit arguments or heated conversations in the presence of the minor children, and it is further ORDERED, that neither party shall do anything to estrange the children from the other parent, and both parties shall encourage the children's relationship with the other parent, and it is further ORDERED, that neither party shall make or permit any other person or persons in the household to make any remarks or do anything which in any way could be construed as derogatory or uncomplimentary to the other party. It shall be the one express duty of each parent to uphold the other as one whom the children shall respect and love. Additionally, neither parent shall make any derogatory or uncomplimentary remarks about a friend, companion or relative of the other party in the presence of the children, and it is further ORDERED, that each party shall keep'the other advised on an ongoing basis of the schedule of all curricular and extra curricular activities and events in which the minor children are engaged. Both parties shall have the right to attend these activities and events and participate in them to the extent parents are normally allowed or encouraged to do so. During scheduled periods of custody, both parties shall be responsible for the children's attendance at regularly scheduled activities and special events that have been mutually agreed upon. If any medical and/or family emergency or situation occurs, the other parent must be understanding and respect the other family's decision. Should a party who has custody of the children on that current week has family plans, activities or events already scheduled of their own, on their time, the other parent must be understanding in these situations, and it is further ORDERED, each of the parties shall advise the other promptly of any illness suffered or injury sustained by the minor children, and it is further ORDERED, with regard to any emergency decision which must be made, the parent with whom the children are physically residing at the time shall be permitted to make the decision necessitated by the emergency but must call the other parent immediately. If the person placing the call cannot reach the other parent a message must be left with as much information as possible as well as a call back number, and it is further ORDERED, the parties agree (biological parents) to meet at the beginning of the new school year to discuss the activities of the children. Each party shall have the opportunity to decide which activities for their residential area the children shall be involved in. Neither party shall decide for the other. The parties agree to execute a schedule for all changes and each parent will follow this schedule until the next school term. If the parties cannot come to an agreement regarding the activities of the children, the children shall remain in the activities listed below: Amber - gymnastics in Carlisle Amber - cheerleading in Shippensburg Taylor - Flag Football in Newville Taylor - Midget Football in Shippensburg, and it is ORDERED, that both parties have the right to be involved in all activities of the children, and it is further ORDERED, the parties agree to communicate and discuss all issues involving the minor children and thus allowing the minor children to voice their opinions concerning any and all activities; however, all final decisions will be made by the parties, and it is further ORDERED, that the parties agree to provide transportation to and from the children's activities during their respective custody period, and it is further ORDERED, the parties agree to not put the children in the middle of any decision-making, and it is further ORDERED, that the parties agree to allow each other to assist in all activities or events concerning the minor children and to allow other family members or friends to be a part of the minor children's events and activities, and it is further ORDERED, that the parties agree to help each other in cases of emergencies and to allow any other family member including step-parents, to help should a party not be available, and it is further ORDERED, that the parties agree to share all materials purchased for said activities regardless of who purchased them, and it is further ORDERED, that the parties will ensure that the children will have all equipment needed for any activities in which they are involved, and it is further ORDERED, that any previously scheduled family plans and/or family time that a party may believe would be more beneficial to the child/children would occur, these family plans/family time will supercede any after school or community activities or events, and it is further ORDERED, that the parties agree that should either child not maintain a "C" average on their report cards all after school and community activities will cease until the next marking period and the grades are brought up, and it is further ORDERED, that the parties agree that should either child received a "D" or below on a test grade or if there is a problem with their behavior for any reason will result in said child not participating in any activities for a period of two weeks, and it is further ORDERED, that should either party have plans, vacation, family trip,-etc., the other.party and/or step-parent shall not harass, badger or question the minor children or make a child feel bad for missing any event or activity, and it is further ORDERED, that the provisions of prior Orders of this Court are hereby extinguished. BY THE COURT, A. Hess, J. Diana (Farll' Donald L. Farlling Copies to: /Timothy S. Gordo VDonald L. Farlli A t6 =or , XCX J ) 01 L 0? Va U'U_ COMMONWEAk1M 0 PENNw I" Mivu NOTA Ai SEAL - BARBA4.0 STAKE. , .a -any Public 800 of Alovenstw k. L;U'.w•*.! dliQ cowty My Commission ExWes Aug- S. 2011', . OF THE 'n- MARY 2099 jUL 30 AM i0.4 5 a Amber and Taylor Parent's of Taylor and Amber fariling agree to modify the custody exchange days from Sunday to Monday's at 4:00pm. Parent's also agree that during the summer of 2011 for a trial they will start custody exchanges on Mondays at 5:30 pm every two weeks. The parent that has the first full week of no school will start the first 2 week periods then so forth and so forth. Then tN first week of school the exchange will go pack to 4:00 pm on Monday and 1 week on 1 week off custody exchanges will resume. Mother's Signature: ItLCCL TIA.^'t- Date 1 Father's Signature Dn Date /` f/ it EX 4104 13 It Documented letters Page 1 0 DONALD L. FARLLING, Plaintiff/Respondent V. DIANA D. FARLLING (PARSON), Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2004-2208 CIVIL IN CUSTODY CERTIFICATE OF SERVICE I, Jessica Holst, Esquire, of MidPenn Legal Services, attorney for Petitioner, Diana D. Farlling (Parsons), hereby certify that I have served a copy of the forgoing Petition for Contempt and Modification by: USPS First Class Mail, Electronic Receipt: Stanley J. A. Laskowski, Esquire 363 North Front Street Harrisburg, PA 17110 Date: 113 ) Z Jessica H Esquire MidPenn egal Services 401 East Louther Street Carlisle, PA 17013 (717)243-9400 DONALD L. FARLLING IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA 2004-2208 CIVIL ACTION LAW w, DIANA D. FARLLING (PARSON) IN CUSTODY] DEFENDANT - ' c..a - ORDER OF COURT AND NOW, Friday, June 15, 2012 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at__ 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, July 25, 2012 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ acqueline M. Verney, Esq. ?j 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 eS Telephone (717) 249-3166 fe.ss 1'ea ?s-6"l G2s?oLos??; fs? D I dn ' 7{a?s? n ?o i Pf ?c?i ?P 60 G Stanley J. A. Laskowski, Esquire Attorney I.D. #37422 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 (717) 232-2766 (fax) slaskowskigckle ag l.net Attorney for Plaintiff a .... ,art DONALD L. FARLLING, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-2208 - CIVIL TERM CUSTODY DIANA D. FARLLING, n/k/a DIANA PARSON, CIVIL ACTION - LAW Defendant CERTIFICATE OF SERVICE I hereby certify that on June 14, 2012, a true and correct copy of the Petition for Modification of Custody Order, filed June 11, 2012 was served upon the following by First Class U.S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: Jessica Holst, Esquire MidPenn Legal Services 401 E. Louther Street Suite 103 Carlisle, PA 17013 Attorney for Defendant Diana D. Farlling, n/k/a Diana Parson Respectfully submitted, CALDWELL & KEARNS, P.C. By: Stanley J. A.' skowski, Esquire 04666-001/191132 DONALD L. FARLLING, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VI. : NO. 2004-2208 CIVIL ACTION' - LAW DIANA D. FARLLING (PARSON),: Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 12- ' day of (0) , 2012, upon consideration of the attached Custody Conciliat on eport, it is ordered and directed as follows: 1. Mother's Petition for Contempt is herby withdrawn. 2. The prior Orders of Court dated July 30, 2008 and February 25, 2009 shall remain in full force and effect with the following modifications and additions: 3. During the summer, the parties shall share physical custody of the children on a week on/week off basis with Sunday at 7:00 p.m. being the exchange day and time. The party who has the weekend after school ends shall have the first full week in the summer. Except that, Father shall have physical custody of Taylor from Friday to Sunday on race weekends. 4. During the school year, Father shall have primary physical custody of Taylor and Mother shall have primary physical custody of Amber. The parties shall alternate weekends with both children from Friday at 6:00 p.m. to Sunday at 6:00 p.m. Mother shall have the first weekend of physical custody of both children once school begins. 5. Generally the receiving party shall transport, except on race weekends when Father shall pickup and drop off Taylor. 6. The parties shall continue cooperating with Amber's counseling. The parties shall begin counseling for Taylor and family therapeutic counseling with a counselor/counselors selected by the parties' attorneys. 7 RELOCATION: No party shall be permitted to relocate the residence of the child which significantly impairs the ability to exercise custody unless every individual who has custodial rights to the child consents to the proposed relocation or the court approves the proposed relocation. A person proposing to relocate MUST comply with 23 Pa. C. S. § 5337. 8. This Order is entered pursuant to an agreement of the parties. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control BY THE COURT, J. f cc Stanley J. A. Laskowski, Esquire, Counsel for Father ?Jessica Holst, Esquire, MidPenn Legal Services, Counsel for Mother l.Cl? ??? )JAa t /Pill 7//a ?l C'7 r s c c ? f d N --4 Gam-' "V C? C) ?.. O N ::. DONALD L. FARLLING, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2004-2208 CIVIL ACTION - LAW DIANA D. FARLLING (PARSON),: Defendant : IN CUSTODY PRIOR JUDGE: Kevin A. Hess, P.J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Taylor Joseph Farlling December 8, 1997 Father Amber Lee Farlling January 29, 2002 shared 2. A Conciliation Conference was held on July 10, 2012 with the following in attendance: Mother, Diana D. Farlling (Parson), with her counsel, Jessica Holst, Esquire, MidPenn Legal Services, and Father, Donald L. Farlling, with his counsel, Stanley J. A. Laskowski, Esquire. 3. The Honorable Kevin A. Hess, P.J., previously entered Orders of Court dated July 30, 2008 and February 25, 2009 providing for shared legal and shared physical custody. 4. The parties agreed to the entry of an Order in the form as attached. Date acq line M. Verney, Esquire Custody Conciliator DONALD L. FARLLING, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION—LAW G r"a. � r=-n DIANA D. FARLLING (PARSON), NO. 2004-2208 CIVIL Z= :Z0-In Defendant IN CUSTODY wry. � M c= r -x MOTION TO WITHDRAW AS COUNSEL FOR RESPONDENT DIANA D. PARSON PURSUANT to Pa. R.C.P. 1012 AND NOW, comes Movant, Jessica C. D. Holst, Esquire, of MidPenn Legal Services, and hereby moves the Court as follows: 1 1. Movant is Jessica C. D. Holst, Esquire, attorney for Defendant, Diana Farlling (Parson), with a business address of MidPenn Legal Services, 401 East Louther Street, Suite 103, Carlisle, PA 17013. 2. Respondent is the above-named Defendant, Diana Farlling (now known as Diana Parson), who presently resides at 85 Airport Road, Shippensburg, PA 17257. 3. On or about April 24, 2013, Movant received a signed Praecipe from Respondent indicating her agreement to discharge Movant as her attorney. Said Praecipe is attached hereto as Exhibit A and incorporated herein by reference. 4. Pursuant to Pa.R.C.P. 1012, Movant may not withdraw as counsel without leave of court unless another attorney is entering his/her appearance. 5. Movant is not aware of any other attorney entering his/her appearance on behalf of Respondent. 6. Movant has met all obligations under the retainer agreement between Movant and Respondent and there is no current pending action before this Court. 7. Movant's withdrawal as counsel would not negatively impact Respondent's position in this matter. 8. Stanley J. A. Laskowski, attorney for Plaintiff,has been provided with a copy of the Motion. A copy has also been mailed to Respondent. WHEREFORE, Movant respectfully requests this Honorable Court to allow her appearance as counsel for Respondent in this matter to be withdrawn pursuant to the agreement of Respondent. Respectfully Submitted, Jessi 'C D. st Atto ey ID 82214 Mid nn Legal Services 401 East Louther Street Suite 103 Carlisle, PA 17013 (717) 243-9400 x2514 VERIFICATION I verify that the statements made in the foregoing complaint are true and correct, to the best of my knowledge, information and belief. I understand making any false statement would subject me to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: A J�ti 113 ss' C. D. Holst, Esquire EXHIBIT A DONALD L. FARLLING, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION—LAW DIANA D. FARLLING (PARSON), NO. 2004-2208 CIVIL Defendant IN CUSTODY Praecipe To the Prothonotary: I, Diana D.Parson,Defendant in this matter,hereby discharge my attorney,Jessica Holst. All future correspondence should be sent to me at 85 Airport Road, Shippensburg, PA 17257. Respectfully submitted, Diana D. Parson DONALD L. FARLLING, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION—LAW DIANA D. FARLLING(PARSON), : NO. 2004-2208 CIVIL Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Jessica Holst, Esquire, of MidPenn Legal Services hereby certify that I have served a copy of the foregoing Motion for Leave to Withdraw on the following date and in the manner indicated below: U.S.First Class Mail,Postatze Pre-Paid Stanley J. A. Laskowski, Esquire 3631 North Front Street Harrisburg,PA 17110 Diana Parson 85 Airport Road Shippensburg, PA 17257 Date: Jessic o s , squire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717)243-9400 DONALD L. FARLLING, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA V. CIVIL ACTION—LAW DIANA D. FARLLING (PARSON), NO. 2004-2208 CIVIL Defendant IN CUSTODY ORDER AND NOW, this 3'n' day of Ae,% 2007, after consideration of the attached Motion,the Court hereby ORDERS: 1. The appearance of Jessica C. D. Holst, Esquire, as counsel for Respondent Diana Parson, is deemed withdrawn. 2. All further correspondence for Defendant shall be sent directly to her at 85 Airport Road, Shippensburg,PA 17257. C-- By the Court, U_ 6� p C= cz!: tom. -Jcn CL ck:.z W = -cc CO U-j W Kevi A. Hess, President Judge U_ Distribution: Jessica C.D.Holst;MidPenn Legal Services,401 East Louther Street,Suite 103,Carlisle,PA 17013 �Stanley J.A.Laskowski,Esquire,3631 North Front Street,Harrisburg,PA 17110 V/6iana Parson,85 Airport Road,Shippensburg,PA 17257