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HomeMy WebLinkAbout10-3582OF THE 1010 jUN - i Pty 3: 00 RONALD A. HUMES, IN THE COURT %MON PLEAS Plaintiff CUMBERLAND VS. NO. ! O- 3? eN t l erm BARBARA M. HUMES, CIVIL ACTION -LAW Defendant IN CUSTODYNISITATION COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, Ronald A. Humes, by and through his attorneys, Meyers, Desfor, Saltzgiver & Boyle and files the following Complaint for Custody and in support thereof avers as follows: 1. The Plaintiff, Ronald A. Humes, is an adult individual residing at 1781 Winterhaven Drive, Mechanicsburg, Pennsylvania 17055. 2. The Defendant, Barbara M. Humes, is an adult individual who's last know address is 412 Sharon Avenue, Mechanicsburg, Pennsylvania 17055. 'Defendant and the children have moved out of the former marital residence, located at 412 Sharon Avenue, Mechanicsburg, PA, and Defendant has refused to provide her new address. 3. Plaintiff seeks custody of the following children: Name Present Address Michael Lee Humes 412 Sharon Avenue Mechanicsburg, PA 17055 Alyssa Marie Humes 412 Sharon Avenue Mechanicsburg, PA 17055 Morgan Elizabeth Humes 412 Sharon Avenue Mechanicsburg, PA 17055 The children was were not born out of wedlock. Date of Birth January 6, 1999 March 9, 2000 October 17, 2003 The children are presently in the custody of Barbara Hume, with a last know address of 417q.00 NO A e# 02-Na MEYERS, DESFOR, SALTZGIVER & BOYLE 0 ayaa3o 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 412 Sharon Avenue, Mechanicsburg, PA 17055. Defendant has recently moved the children from their home and refused to disclose her address. During the past five years, the children have resided with the following persons and at the following addresses: Name Addresses Dates Plaintiff & Defendant 412 Sharon Avenue January 2005 to Mechanicsburg, PA 17055 January 17, 2010 Defendant 412 Sharon Avenue January 17, 2010 Mechanicsburg, PA 17055 to present The mother of the children is Barbara Humes, currently residing at 412 Sharon Avenue, Mechanicsburg, PA 17055. She is married. The father of the children is Ronald Humes, currently residing at 1781 Winterhaven Drive, Mechanicsburg, PA 17055. He is married. 4. The relationship of Plaintiff to the children is that of father. The Plaintiff currently resides with the following persons: Name Relationship Diane Stanton Mother William Stanton Step-Father 3 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 5. The relationship of Defendant to the children is that of Mother. The Defendant currently resides with the following persons: Name Relationship Michael Humes Son Alyssa Humes Daughter Morgan Humes Daughter 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 7. The best interest and permanent welfare of the children will. be served by granting the relief requested because he is their father and is closely bonded to them. Since the parties separated in January 2010, Plaintiff saw the children every day by picking them up from school and caring for them every evening. Plaintiff also exercised custody every other weekend. Plaintiff was unavailable for evenings during the week because he worked the night shift. However, Plaintiff has obtained a new job, with standard working hours, which makes him available in the evenings during the week. Now that Plaintiff is available on a regular basis, Defendant is withholding the children from him. Defendant is refusing access after school and has refused to allow Plaintiff to exercise custody over the Memorial Day weekend as previously agreed. 4 II MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff, Ronald A. Humes, respectfully requests this Honorable Court to grant him custody of the children. Respectfully submitted, Catherine A. Boyle, Esquire Attorney I.D. 76328 Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717)236-9428 Attorney for Plaintiff 5 II MEYERS, DESFOR, SALTZGIVER 8 BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 VERIFICATION I, Ronald A. Humes , verify that the statements made in this Complaint for Custody are true and correct to the bes of my knowledge, information and belief. I understand that fals statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 5/28/2010 ( X) Plaintiff ( ) Defendant MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX(717)236-2817 RONALD A. HUMES vs. BARBARA M. HUMES s IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA 2010-3582 CIVIL ACTION LAW r~ ~_~ C,.. Defendant IN CUSTODY ~ c ",- ~ ~. -_; ~ ,.,- ORDER OF COURT ' ' . ~ < -.. AND NOW, this ---~~~ day of ~ Gtf ~ 2010, u on P consideration of the attached Custody Conciliation Report, ' is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. 5 of the Cumberland County Court House on September 10, 2010 at 10:00 a.m. at which time testimony will be taken. For purposes of the hearing, the Father, Ronald A. Humes, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least seven days prior to the hearing date. 2. Pending the scheduled hearing, the Father, Ronald A. Humes, and the Mother, Barbara M. Humes, shall have shared legal custody of Michael L. Humes, born June 6, 1999, Alyssa M. Humes, born March 9, 2000, and Morgan E. Humes, born October 17, 2003. Major decisions concerning the Children including, but not necessarily limited to, their health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in each Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Children. Neither party shall attempt to alienate the affections of the Children from the other party. Each party shall notify the other of any activity or circumstance concerning the Children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 3. The custody provisions of the prior Order of this Court dated June 9, 2010 shall continue in effect until such time as the Father returns from his vacation with the Children on August 5, 2010 through August 12, 2010. Beginning on August 13, 2010 and continuing until the hearing is held, the parties shall share having custody of the Children on an alternating weekly basis with the exchanges to take place every Friday at the babysitter's residence after work or school. The alternating weekly schedule shall begin with the Mother having custody of the Children on August 13, 2010. 4. Pending further Order of Court or agreement of the parties, the Children shall continue to be enrolled in the Mechanicsburg Area School District. 5. The parties agree that they shall participate in a course of therapeutic family counseling with a professional to be selected between the parties. The purpose of the counseling shall be to assist the parties in establishing sufficient communication and cooperation to enable them to effectively co- parent their Children. Any costs of the counseling which are not covered by insurance shall be shared equally between the parties. 6. The parties agree that the Children shall continue to participate in their religious training (CCD) unless otherwise agreed between the parties or ordered by the Court. 7. The Father shall have custody of the Children for his period of vacation from August 5 through August 12, 2010. 8. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 9. The parties may modify the provisions of this Order by mutual consent in writing. In the absence of written mutual consent, the terms of this Order shall control. BY THE COURT, Albert H. Maslan J. cc: " C herine A. Boyle, Esquire -Counsel for Father ~amuel L. Andes, Esquire -Counsel for Mother 8~sl~v ~r~ ~ ~ f RONALD A. HUMES IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2010-3582 CIVIL ACTION LAW BARBARA M. HUMES Defendant IN CUSTODY Prior Judge: Albert H. Masland 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 subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Michael L. Humes January 6, 1999 Mother Alyssa M. Humes March 9, 2000 Mother Morgan E. Humes October 17, 2003 Mother 2. A custody conciliation conference was held on July 20, 2010, with the following individuals in attendance: the Father, Ronald A. Humes, with his counsel, Catherine A. Boyle, Esquire, and the Mother, Barbara M. Humes, with her counsel, Samuel L. Andes, Esquire. 3. The Father filed this Complaint seeking shared physical custody of the Children. 4. This Court previously entered an Order in Protection from Abuse proceedings providing for the Mother to have primary physical custody of the Children and the Father to have custody on alternating weekends and every Wednesday overnight. The Order dated June 9, 2010, specifically provides "The Custody Order will be a temporary Order until a conciliation takes place." 5. The parties were able to agree at the conference to participate in co-parenting counseling, to continue the Children's participation in their religious education (CCD) and to enable the Children to go on vacation with the Father from August 5 through August 12. The parties were not, however, able to reach an agreement as to ongoing custodial arrangements and it will be necessary to schedule a hearing on that issue. 6. The Father's position on custody is as follows: The Father indicated that prior to separation he had been an equal caregiver for the Children, picking the Children up from school everyday, taking them to their activities and feeding them dinner while the Mother was working. The Father desires to continue in that role and proposes that the parties equally share custody on an alternating weekly basis. The Father indicated that he only agreed to the temporary arrangements at the PFA proceedings because the Mother had denied him all contact with the Children at that point and he simply wanted to reinstate some contact pending the conciliation conference. The Father believes it would be in the Children's best interests to have equal access to both parties and to spend as much time with both parents as possible. The Father also believes that the Children should remain in the Mechanicsburg School District where they have previously attended school. 7. The Mother's position on custody is as follows: The Mother seeks primary physical custody of the Children and represented that she had been their primary caretaker prior to separation. The Mother denies that the Father participated in the Children's care to the extent represented at the conference. The Mother indicated her belief that the Father's Complaint for Custody is motivated by retaliation for the PFA proceedings and also to lower his support obligation. The Mother believes it would be in the Children's best interests to live primarily with her, which would require a change to the Cumberland Valley School District as she is presently renting an apartment in that area. 8. After consulting with the Court, the conciliator recommends an Order in the form as attached scheduling a hearing in this matter, reflecting the agreements reached by the parties at the conference on certain issues and providing for temporary custody arrangements pending hearing which will ensure that the Children remain in the Mechanicsburg School District until such time as the Court has made a determination on the physical custody issue. ~-~ ~ G . ~ is - - Date Dawn S. Sunday, Esquire Custody Conciliator RONALD A. HUMES, Plaintiff vs. BARBARA M. HUMES, Defendants : IN THE COURT OF COMMOM PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 2010-3582 IN CUSTODY ORDER OF COURT AND NOW, this C' day of :. , c 73 2010 upon , presentation and consideration of the within Stipulation and Agreement of the Parties, it is hereby ORDERED that the attached Stipulation and Agreement of the Parties is incorporated herein and made an Order of Court. It is further Ordered the hearing scheduled for September 10, 2010 is hereby canceled. BY THE COURT: he Honorable Albert H. Masland, Judge Distribution: "---6iane M. Dils, Esquire, 1400 North Second Street, Harrisburg, PA 17102 _,Catherine A. Boyle, Esquire, 410 N. Second Street, P.O. Box 1062, Harrisburg, Pa. 17108 r'vn-' d,LU ?a/?v 9 LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street, First Floor, Front Harrisburg, PA 17102 Telephone No. (717) 232-9724 Attorney for Defendant, Barbara M. Humes RONALD A. HUMES, Plaintiff vs. BARBARA M. HUMES, Defendants : IN THE COURT OF COMMOM PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 2010-3582 : IN CUSTODY STIPULATION AND AGREEMENT OF THE PARTIES AND NOW, this / ? day of September, 2010, comes Ronald A. Humes, after consulting with his attorney, Catherine A. Boyle, Esquire and Barbara M. Humes, after consulting with her attorney, Diane M. Dils, Esquire, and intending to be legally bound, do hereby stipulate and agree as follows: 1. The parties shall share legal custody of their children, Michael Humes, born January 6, 1999, Alyssa Humes, born March 9, 2000 and Morgan Humes, born October 17, 2003. The parties agree that major decisions concerning the children's health, welfare, education, religious training and upbringing shall be made by the parents jointly, after discussion and consultation with each other, with a view towards obtaining and following a harmonious policy to arrive at a decision that is in the children's best interest. Each party agrees to keep the other informed of the progress of the children's education and social adjustments. Each party agrees not to impair the other parties' right to share legal custody of the children. Further, each party agrees to give support to one another in the role as parents and to take into account the consensus of the other parent for the physical and emotional well being of the children. The parties agree not to either attempt to alienate the affections of the children from the other parent. Each party shall notify the other of any activity that could reasonably be expected to be of significant concern to the other. The parties agree that the children will be encouraged to contact the other parent by telephone and e-mail at all reasonable times. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions, which must be made, the parent having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa. C.S.A. Section 5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent as authorized by statute. 2 2. The parties agree to keep each other informed of daycare providers and babysitters utilized when the custodial parent is otherwise unavailable. The parties also agree to keep each other informed of the address, telephone number and their contact information for the daycare providers and babysitters for the children. In the event these daycare providers and babysitters change, the parties agree to provide reasonable notice and contact information. The parties understand and agree that they each have a right to know where the children are and who will be providing daycare when the custodial parent is unavailable. 3. The parties will share physical custody of their minor children, on a week on/week off basis, fifty/fifty with the exchanges to occur Fridays at 5:30 p.m. at the daycare provider. 4. The holidays of Easter, Thanksgiving and Christmas shall be shared and divided into two segments. Segment A shall include the day before the holiday at Noon until the day of the holiday at Noon and Segment B shall include the date of the holiday at Noon until the day after the holiday at Noon. Father shall have Segment A of these holidays in even years with Mother having Segment B in even years. Mother shall have Segment A of these holidays in odd years with Father having Segment B in odd years. 3 5. The holidays of New Year's Day, Memorial Day, July 4`" and Labor Day shall be alternated. In even years, Father shall have Memorial Day and Labor Day and Mother shall have New Year's Day and July 4t". In odd years, Mother shall have Memorial Day and Labor Day and Father shall have New Year's Day and July 4"'. These hours for these holidays shall be from 5:00 p.m. the evening before the holiday until 7:00 p.m. the evening of the holiday. 6. Mother's Day with Mother; Father's Day with Father from the hours of 9:00 a.m. until 7:00 p.m. on the day of the holiday. 7. The children shall continue to attend the Mechanicsburg School District. 8. The parties agree that the children shall continue to participate in their religious training (CCD) unless otherwise agreed by the parties or ordered by the Court. The party exercising custody at the time of the scheduled CCD classes shall provide transportation for the children. 9. Neither party shall do or say anything which may estrange the children from the other parent, injure the opinion of the children as to the other parent or hamper the free and natural development of the children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the children comply with these provisions. 4 IO.This Stipulation and Agreement shall be made an Order of Court and shall supersede all prior custody Orders in this matter. I L It is the intention of the parties to request a cancelation of the custody hearing scheduled for September 10, 2010 and to enter this Stipulation and Agreement in lieu of litigation. IN WITNESS WHEREOF, the parties hereto have signed their hands and seals the day and year first above written. atherine A. Boyle, Es ui e Ronald A. Humes ?'? Diane M. ils, E?Kqu-i-re Barbara M. Humes 5 RONALD A. HUMES, Plaintiff VS. BARBARA M. HLJMES, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2010-3582 Civil Action r1`2 C--) CIVIL ACTION - LAW _ CUSTODY t 97 r © C"? CD PRAECIPE c, c.? =xa Please withdraw the appearance of Samuel L. Andes, Esquire, on behalf of the Defendant, Barbara M. Humes, and enter the appearance of Diane M. Dils, Esquire, on behalf of Barbara M. Humes. Respectfully submitted, BY: <rQws-? Samuel L. Andes, Esquire 525 N. Twelfth Street Lemoyne, PA. 17043 (717) 761-5361 I.D. No. Respectfully submitted, BY: iane M. ils, Esquire 1400 N. Second Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 Date: b 2Qo 0 [ f LAW OFFICES OF PETER J. RUSSO, P.C. BY: Paul D. Edger, Esquire PA Supreme Court ID: 312713 Peter J. Russo, Esquire PA Supreme Court ID: 72897 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Attorneys for Plaintiff _'. r c RONALD A. HUMES, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BARBARA M. HUMES, NO. 2010-3582 Defendant IN CUSTODY PETITION FOR CONTEMPT Petitioner, Ronald Alan Humes, by and through his counsel, The Law Offices of Peter J. Russo, P.C., states the following: 1. Plaintiff/Petitioner, hereinafter referred to as Father, resides at 412 Sharon Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant/Respondent, hereinafter referred to as Mother, resides at 939 Herman Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The above-named parties are the natural parents of Michael L. Humes, born January 6, 1999, Alyssa M. Humes, born March 9, 2000, and Morgan E. Humes, born October 17, 2003, hereinafter referred to as the Children. 4. An Order was entered by the Court on August 4, 2010, after a conciliation hearing was held before Dawn S. Sunday, Esquire. A true and correct copy of said Order and Conciliation Report is attached hereto and incorporated herein as Exhibit "A". L ? 5. On September 10, 2010 the Court signed an Order incorporating the Stipulation and Agreement of the Parties (hereinafter known as "Custody Order") mutually agreed upon by both parties, as part of the record. A true and correct copy of said Order is attached hereto and incorporated herein as Exhibit "B". 6. Paragraph 8 of the Custody Order states, "The parties agree that the children shall continue to participate in their religious training (CCD) unless otherwise agreed by the parties or ordered by the Court. The party exercising custody at the time of the scheduled CCD classes shall provide transportation for the children." 7. Since September 26, 2011, Mother has violated said paragraph nine (9) times. 8. In the coming months, Michael will be entering into the Sacrament of Confirmation, and Morgan into the Sacrament of First Holy Communion through the Roman Catholic Church. However, every week that Mother has custody of the children, the children have not been in attendance of CCD. A true and accurate copy of the attendance sheet compiled by Saint Elizabeth Ann Seton Catholic Church for the children is attached hereto and incorporated herein as Exhibit "B". 9. Between September 26, 2011 and April 2, 2012 the children have been in Mother's custody for twelve (12) classes out of the twenty-four (24) classes held during that time. Out of those twelve (12) weeks with Mother, all three children have missed nine (9) classes. 10. Out of the twelve (12) classes that Father has had custody of the children, Alyssa and Morgan have never missed their CCD classes. 1 l . Michael has missed two (2) classes while in custody of Father, which Father avers was due to Michael having an away basketball game out of town, which resulted L I in his absence from class. Michael's teachers were notified in advance of his planned absence from class, and homework and class materials were obtained by Father to complete due to his absence. 12. Father has discussed the situation with Mother and expressed his concern of the complete lack of attendance at CCD, especially during this important time in the children's lives entering into the Sacraments. 13. Michael will be entering into the Sacrament of Confirmation in April of 2013. However, Michael is required to participate in thirty (30) hours of service prior to his Confirmation. Father has discussed this with Mother, has claimed she would not assist with in any way. 14. Morgan is required to attend a mandatory workshop in preparation for her First Holy Communion on Sunday April 22, 2012 at which time Mother has custody of the children. Mother has communicated with Father that she refuses to take Morgan to the workshop as the Custody Order only requires "classes" and if Morgan is going to the workshop, Father is to pick and drop her off that evening. 15. Morgan is also required to attend a mandatory practice walk-through for her First Holy Communion on Wednesday April 25, 2012 at which time Mother has custody of the children. Mother also refuses to transport Morgan to the practice, as it is not a "class" as required in the Custody Order and Father is to pick and drop off Morgan is she is to attend the practice walk-through that evening. 16. Father has agreed in order to assure Morgan attends the mandatory classes to take off work and transport Morgan to and from the class, even though Mother has custody of the children. 17. Mother has dismissed the Father on numerous occasions, and threatens to modify the current custody order if he pursues continuing to take the children to CCD, as she believes the Church is wrong and the Children shouldn't be exposed to their religious training. 18. It is believed and thus averred that Mother will continue to deny transportation to the children to their religious education, thus directly affecting Michael and Morgan the ability to enter into the Sacraments of Confirmation and First Holy Communion. 19. Father strongly desires for the children to continue their CCD religious education and to enter into the Sacraments of First Holy Communion and Confirmation. 20. The undersigned counsel on April 2, 2012 contacted Diane Dils, Defendant's previous counsel during the custody proceedings in September of 2010. Attorney Dils alerted counsel that she no longer represents Defendant and to serve the Petition upon Mother directly. It is assumed therefore that Mother would not concur with the within Petition. 21. The Honorable Judge Albert H. Masland has entered all related Orders. WHEREFORE, Father respectfully requests the following: a. That this Court find Mother in contempt of the Order; b. That this Court order Mother to present the children to CCD every week that Mother has custody of the children; c. That the September 10, 2010 Custody Order be appropriately modified; d. That Mother be responsible for reasonable counsel fees and costs; and .I e. Any other relief this Court finds just and proper. Respectfully submitted, Date: April 10, 2012 LAW,,,PII~FICE OF PETER J. RUSSO, P.C. Attorneys fo laintiff Peter J. Russo, Esquire ID # 72897 Paul D. Edger, Esquire ID # 312713 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 PH: (717) 591-1755 VERIFICATION I, Ronald Alan Humes 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. § 4904 relating to unsworn falsification to authorities. Ronald A. Humes Exhibit "A" S RONALD A. HUM)?S IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2010-3582 CIVIL ACTION LAW BARBARA M. HUMES ` Defendant IN CUSTODY QRD t OF COURT 3. ? , %t c AND NOW' , this ?-??!---..? day of ? ?Sr consideration of the attached Custody Conciliation Report, V is ordered and directed as follows: upon 1. A hearing is scheduled in Court Room No. 5 of the Cumberland County Court House on September 10, 2010 at 10;00 a.m. at which time testimony will be taken. For purposes of the hearing, the Father, Ronald A. Humes, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least seven days prior to the hearing date. 2. Pending the scheduled hearing, the Father, Ronald A. Humes, and the Mother, Barbara M. Humes, shall have shared legal custody of Michael L. Humes, born June 6, 1999, Alyssa M. Humes, born March. 9, 2000, and Morgan E. Humes, born October 17, 2003. Major decisions concerning the Children including, but not necessarily limited to, their health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in each Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Children. Neither party shall attempt to alienate the affections of the Children from the other party. Each party shall notify the other of any activity or circumstance concerning the Children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each parity shall be entitled to complete and full info mmation from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 3. The custody provisions of the prior Order of this Court dated June 9, 2010 shall continue in effect until such time as the Father returns from his vacation with the Children on August 5, 2010 through August 12, 2010. Beginning on August 13, 2010 and continuing until the hearing is held, the parties shall share having custody of the Children on an alternating weekly basis with the exchanges to Z6Z-3 810/Md 916-1 -WOH3 TOW 31,-51-E0 a take place every ]Friday at the babysitter's residence after work or school. The alternating weekly schedule shall begin with the Mother having custody of the Children on August 13, 2010. 4. Pending Au *or Order of Court or agreement of the patties, the Children shall continue to be enrolled in the Mechanicsburg Area School District. 5. The parties agree that they shall participate in a course of therapeutic family counseling with a professional to be selected between the parties. The purpose of the counseling shall be to assist the parties in establishing sufficient communication and cooperation to enable them to effectively oo- parent their Children. Any costs of the counseling which are not covered by insurance shall be shared equally between the parties. 6. The parties agree that the Children shall continue to participate in their religious training (CCD) unless otherwise agreed between the parties or ordered by the Court. 7. The Father shall have custody of the Children for his period of vacation from August 5 through August 12, 2010. 8. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both patties shall ensure that third parties having contact with the Children comply with this provision. 9. The parties may modify the provisions of this Order by mutual consent in writing. In the absence of written mutual consent, the terms of this Order shall control. BY THE COURT, Albert H. Maslan J. cc: ?erine A. Boyle, Esquire - Counsel for ]Father y?Saammuel L. Andes, Esquire - Counsel for Mother `jd I g.S enul?CL 94-1(6 ti5Z-3 8101E00d E16-1 -14083 TOW Zti,-SZ-EO ' a RONALD A. HUMES VS. Plaintiff BARBARA M. HUMES Defendant IN THE COURT OF COMMON PLEAS OF CUM]BERLAND COUNTY, PENNS'Y'LVANIA 2010-3582 CIVIL ACTION LAW IN CUSTODY Prior Judge: Albert H. Masland CUSIP-Dy QDIV'CILTATI0X XM ARY RRPQU IN ACCORDANCE WITR CUMBERLAND COUNTY RULE OF CIWL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: I. The pertinent information concerning the Children who are the subjects of this litigation is as follows: FAME DATE OF BiitTH -URRENTLY IN C,Ummy OF Michael L. Humes January 6, 1999 Mother Alyssa M. Humes March 9 ,2000 Mother Morgan E. Humes October 17, 2003 Mother 2. A custody conciliation conference was held on July 20, 2010, with the following individuals in attendance: the Father, Ronald A. Humes, with his counsel, Catherine A. Boyle, Psquire, and the Mother, Barbara M. Humes, with her counsel, Samuel L. Andes, Esquire. 3. The Father filed this Complaint seeking shared physical custody of the Children. 4, This Court previously entered an Order in protection from Abuse proceedings providing for the Mother to have primary physical custody of the Children and the Pather to have custody on alternating weekends and every Wednesday overnight. The Order dated June 9, 2010, specifically provides "The Custody Order will be a temporary Order until a conciliation takes place." 5. The parties were able to agree at the conference to participate in co parenting counseling, to continue the Children's participation in their religious education (CCD) and to enable the Children to go on vacation with the Father from August 5 through August 12. The parties were not, however, able to reach an agreement as to ongoing custodial arrangements and it will be necessary to schedule a hearing on that issue. TSZ-3 81OMOd E16-1 -W099 10:01 311-51-80 f •' .{ . r" t 6. The Father's position on custody is as follows: The Father indicated that prior to separation he had been an equal caregiver for the Children, picking the Children up from school everyday, taking them to their activities and feeding them dinner while the Mother was working. The Father desires to continue in that role and proposes that the parties equally share custody on an alternating weekly basis. The Father indicated that he only agreed to the temporary arrangements at the PI±A proceedings because the Mother had denied him all contact with the Children at that point and he simply wanted to reinstate some contact pending the conciliation conference. The Father believes it would be in the Children's best interests to have equal access to both parties and to spend as much time with both parents as possible. The Father also believes that the Children should remain in the Mechanicsburg School District where they have previously attended school. 7. The Mother's position on custody Is as follows: The Mother seeks primary physical custody of the Children and represented that she had been their primary caretaker prior to separation. The Mother denies that the Father participated in the Children's care to the extent represented at the conference. The Mother indicated her belief that the Father's Complaint for Custody is motivated by retaliation for the PFA proceedings and also to lower his support obligation. The Mother believes it would be in the Children's best interests to live primarily with her, which would require a change to the Cumberland Valley School District as she is presently renting an apartment In that area. 8. After consulting with the Court, the conciliator recommends an Order in the Morn as attached scheduling a hearing in this matter, reflecting the agreements reached by the parties at the conference on certain issues and providing for temporary custody arrangements pending hearing which will ensure that the Children remain in the Mechanicsburg School District until such time as the Court has made a determination on the physical custody issue. J" ..1, . wb Date Dawn S. Sunday, Esquire Custody Conciliator ISZ-d 810/500d £16-1 -W083 10:01 311-91-£0 Exhibit "B" i RONALD A. HUMES, plaintiff vs_ BARBARA M. HUMES, Defendants : IN THE COURT OF COMMOM PLEAS : CUMBERLAND COUNTY, : PENNS'Y'LVANIA NO. 2010-3582 2- ;,a Qr IN CUSTODY Er 0... Z ORDER OF COURT AND NOW, this l%r day. of 2010, upon presentation and consideration of the within Stipulation and Agreement of the Parties, it is hereby ORDERED that the attached Stipulation and Agreement of the Parties is incorporated herein and made an Order of Court. It is further Ordered the hearing scheduled for September 10, 2010 is hereby canceled. BY THE COURT: (the Honorable Albert H. Masland, Judge Distribution: _,,,--I:?Iane M. Dils, Esquire, 1400 North Second Street, Harrisburg, PA 17102, _,,-iffatherine A. Boyle, Esquire, 410 N. Second Street, P.O. Box 1062, Harrisburg, Pa. 17108 cof %'v-2 Isz-d 8t0/900d E16-1 -WOHA 10:01 Zt,-5t-E0 LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street, First Floor, Front Harrisburg, PA 17102 Telephone No. (717) 232-9724 Attorney for Defendant, Barbara M. Humes RONALD HUMES, Plaintiff vs. BARBARA M. HUMES, Defendants IN THE COURT OF COMMOM PLEAS CUMBERLAND COUNTY, PENNS'Y'LVANIA, NO. 2010-3582 IN CUSTODY $TIPUL,ATIO1N AND AGREE)VXNT OF THE PARTIES AND NOW, this ?daY of September, 2010, c ?? omes Ronald A, Humes, after consulting with his attorney, Catherine A. Boyle, Esquire and Barbara M. Humes, after consulting with her attorney, Diane M. Dils, Esquire, and intending to be legally bound, do hereby stipulate and agree as follows: The parties shall share legal custody of their children, Michael Humes, born January 6, 1999, Alyssa Humes, born March 9, 2000 and Morgan Humes, born October 17, 2003. The parties agree that major decisions t5Z-9 818ANd concerning the children's health, i 1 welfare, education, religious training -W083 10:01 Zi,-51-£0 and upbringing shall be made by the parents jointly, after discussion and consultation with each other, with a view towards obtaining and following a harmonious policy to arrive at a decision that is in the children's best interest. Each party agrees to keep the other informed of the progress of the children's education and social adjustments, Each party agrees not to impair the other parties' right to share legal custody of the children. Further, each party agrees to give support to one another in the role as parents and to take into account the consensus of the other parent for the physical and emotional well being of the children. The parties agree not to either attempt to alienate the affections of the children from the other parent. Bach party shall notify the other of any activity that could reasonably be expected to be of significant concern to the other. The parties agree that the children will be encouraged to contact the other parent by telephone and e-mail at all reasonable times. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions, which must be made, the parent having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa. C.S.A. Section 5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any__ reports given to either party as a parent as authorized by statute. 2 Z5Z-9 810/800d EL6-Z -WOH3 MOT Z11-51-E0 , 2. The parties agree to keep each other informed of daycare providers and babysitters utilized when the custodial parent is otherwise unavailable. The parties also agree to keep each other informed of the address, telephone number and their contact information for the daycare providers and babysitters for the children. In the event these daycare providers and babysitters change, the parties agree to provide reasonable notice and contact information. The parties understand and agree that they each have a right to know where the children are and who will be providing daycare when the custodial parent is unavailable. 3. The parties will share physical custody of their minor children, on a week on/week off basis, fifty/fifty with the exchanges to occur Fridays at 5:30 p.m. at the daycare provider. 4. The holidays of Easter, Thanksgiving and Christmas shall be shared and divided into two segments, Segment A shall include the day before the holiday at Noon until the day of the holiday at Noon and Segment B shall include the date of the holiday at Noon until the day after the holiday at Noon. Father shall have Segment A, of these holidays in even years with Mother having Segment B in even years. Mother shall have Segment A of these holidays in odd years with Father having Segment B in odd years. i 3 ISZ-9 8Z0/600d E16-1 -WOHq 30:01 Zj,-SL-£0 i S. The holidays of New F'ear's Day, Memorial Day, July 4`h and Labor Day shall be alternated. In even years, Father shall have Memorial Day and Labor Day and Mother shall have New 'R'ear's Day and July 4`h. In odd years, Mother shall have Memorial Day and Labor Day and Father shall have New Year's Day and July 4`h. These hours for these holidays shall be from 5:00 p.m. the evening before the holiday until 7:00 p.m. the evening of the holiday. 6. Mother's Day with Mother; Father's Day with Father from the hours of 9:00 a.m. until 7:00 p.m. on the day of the holiday. 7. The children shall continue to attend the Mechanicsburg School District. 8. The parties agree that the children shall continue to participate in their religious training (CCD) unless otherwise agreed by the parties or ordered by the Court. The parry exercising custody at the time of the scheduled CCD classes shall provide transportation for the children. 9. Neither party shall do or say anything which may estrange the children from the other parent, injure the opinion of the children as to the other parent or hamper the free and natural development of the children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the children comply with these provisions. i f ' 4 ti5Z-3 8ti9/0?0d Eti6-Z -WHA Z0:0t Z11-5L-E0 i IO.This Stipulation and Agreement shall be mnade an Order of Court and shall supersede all prior custody Orders in this matter. 1 ].It is the intention of the parties to request a cancelation of the custody hearing scheduled for September 10, 2010 and to enter this Stipulation and Agreement in lieu of litigation. IN WITNESS WHEREOF, the parties hereto have signed their hands and seals the day and year first above written. U?'athexine A. Boyle, Es u' e 2 Diane lvi. as, quire I I i i S L5Z-3 8L0ftt0d £L6-,L tenald ?AHuumes Barbara M. Humes -W0M 30:01 311-91-£0 Exhibit "C" 04/19/1995 16:34 7950800 SEAS PAGE 02 a C cc c a +a U C a 0 ?Q cr 0 c Q m 0 N' C CL 0 I I i ?F} C :1 r f T T -0 -0 -V ?. A T -o -v T a -v oct 0 ? ' -v -o ' v T "U _0 _0 -a -v 0 OV 14 ,'1' i?f; '} ,i:,? : X11 11,' r' •??!? ;:'? .: ?: M••, .?'1 i :.: .. w'" . . , Dec 1. :. rr _0 m m -0 -0 T T -0 -u -0 CD "•::4 '1'r; . ;•It? ' • '•'•'n ,? "tj? .?#?1 4 • .,? . . v 1 m l m m - - o D b.. . . 'r ;41 fir .. 31•x:;,: ... ; a ; ?? : '.: :I,an 30 -v v -u v -v -o -? -0 m a l j a; el a ? : INN, 1 41.1. _0 -0 c,f fA c T m -0 'o D -o 1 •.if(' 1• F•?. a ! .i l'. '?r• .. ? bAx.t • ? IS: 1 ro ". ' 1, 9 1 r.?t 1.*,.: --1 .1. , Q 0 : z'•:, " ?' a wl? :.' : •: ;:.sd' : `0 ^C1 2 Apr N o " cn m CL ?. CD Q (D fD j Q ^ W U) m CD 0 m s f,D n 04/19/1995 16:34 v r A V' V? .Al :D y 7950800 .rt ?m C -' Q N (D N :3 Cr -* (D CL w M 2O cn :3 fD ? CD C n SEAS PAGE 03 c m N Q. w t 0 w N 4 N N 0 7 i 04/19/1995 16:34 7950800 SEAS PAGE 04 O to d - N rn amm :.r..•..:. Q) 4MIji', ,; ; ;??: ? net G•' a D a?i 21 3 ??;, ????'?, ? ? ;?? ? : ?? : ?.: ,; `Fib 1.9 • ? .?,,, ?:: • Fdb 27 ? N co iin x: ;1+: MAP 6:!; N .D .fit. • ? •• N t, C) ? :?: ??~ • '??? , I . elf. ? ?• ? , Cni N CD CD N c CD Ck) CD > CL =3 0 CD Cf) c ?m c ? Q' v (1) ? o rn ? .., c . , . RONALD A. HUMES, Plaintiff BARBARA M. HUMES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2010-3582 IN CUSTODY CERTIFICATE OF SERVICE I, Derek M. Strouphauer, hereby certify that I am on this day serving a copy of the foregoing documents upon the person(s) listed below via US Regular Mail, and addressed as follows: Barbara M. Humes 939 Herman Drive Mechanicsburg, PA 17055 Pro Se Defendant er ??vYStrouphauer, Paralegal Date: `? Z. 0 LAW OFFICES OF PETER J. RUSSO, P.C. BY: Paul D. Edger, Esquire PA Supreme Court ID: 312713 Peter J. Russo, Esquire PA Supreme Court ID: 72897 5006 E. Trindle Road, Suite 100 , Mechanicsburg, PA 17050 s' Telephone: (717) 591-1755 r.,c Attorneys for Plaintiff " RONALD A. HUMES, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW BARBARA M. HUMES, NO. 2010-3582 Defendant IN CUSTODY TO THE PROTHONOTARY: 0 PQ '-' r' ?..o Please enter the appearance of Paul D. Edger, Esquire as Pro Bono Counsel on behalf of the Plaintiff, Ronald A. Humes, in the above-captioned action. LAW OFFICES OF PETER J. RUSSO, P.C. Date 112 Pet usso quire PA Suprem Court ID: 72897 Paul D. Edger, Esquire PA Supreme Court ID: 312713 5006 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: 717-591-1755 Attorneys for Plaintiff LAW OFFICES OF PETER J. RUSSO, P.C. BY: Paul D. Edger, Esquire PA Supreme Court ID: 312713 Peter J. Russo, Esquire PA Supreme Court ID: 72897 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Attorneys for Plaintiff RONALD A. HUMES, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW BARBARA M. HUMES, NO. 2010-3582 Defendant : IN CUSTODY I, Derek M. Strouphauer, hereby certify that I am on this day serving a copy of the Entry of Appearance as Counsel upon the person(s) and in the manner indicated below: US Regular Mail and addressed as follows: Ms. Barbara M. Humes 306 South High Street Mechanicsburg, PA 17050 Pro Se Defendant Date: c_')/'?' 11 011-1 LAW OFFICES OF PETER J. RUSSO, P.C. BY: Paul D. Edger, Esquire CZ PA Supreme Court ID: 312713 Peter J. Russo, Esquire PA Supreme Court ID: 72897 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 7 Telephone: (717) 591-1755 ci_ Attorneys for Plaintiff RONALD A. HUMES, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. BARBARA M. HUMES, Defendant TO THE PROTHONOTARY: : CIVIL ACTION -LAW NO. 2010-3582 IN CUSTODY Kindly allow Ronald A. Humes, Plaintiff, to proceed in forma pauperis. I, Paul D. Edger, Esquire, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal service to the party. LAW OFFICES OF PETER J. RUSSO, P.C. Date "I I &J12- Peter . Russo, E e PA Supreme Court ID: 72897 Paul D. Edger, Esquire PA Supreme Court ID: 312713 5006 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: 717-591-1755 Attorneys for Plaintiff RONALD A. HUMES IN THE COURT OF COMMON PLEAS OF PL:',INTIFF CUMBERLAND COUNTY PENNSYLVA?I% , V . 2010-3582 CIVIL ACTION LAW. BARBARA M. HUMES IN CUSTODY T 7') - DEFENDANT ORDER OF COURT AND NOW, Friday, April 13, 2012 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Friday, May 11, 2012 at 12:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunda Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street • Cop y Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ?vs s v ow w7r7ded -10 0? i I ec l ? dW' Sang %c-2-v' dh ?? l'P 7b At cl 1//3 /Z U RONALD A. HUMES IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2010-3582 CIVIL ACTION LAW BARBARA M. HUMES Defendant : IN CUSTODY ORDER OF COURT AND NOW, this l day of 2012, upon consideration of the attached Custody Conciliation Report, ,A is ordered and directed as follows: 1. The prior Orders of this Court dated August 4, 2010 and September 10, 2010 shall continue in effect as modified by this Order. 2. The parties agree that the Children shall continue to participate in their religious training (CCD) unless otherwise agreed by the parties or ordered by the Court. The custodial parent shall provide transportation for the Children for all CCD classes and required scheduled events such as rehearsals, retreats or services. The Father shall notify the Mother promptly upon receipt of a notice from the church of a scheduled mandatory activity. The parties agree that there shall be no exceptions to the Children's attendance at the above events unless the Child is too ill to participate or unless the parties agree otherwise in writing. The writing may be done by email but shall be clearly confirmed in writing by each party in a separate email. 3. The parties shall cooperate as necessary in facilitating the Children's completion of community service hour requirements. BY THE COURT, Alhart N NAndnnil T cc: V Paul D. Edger Esquire - Counsel for Father Jane Adams Esquire - Counsel for Mother dy, C s "'. le-d S/W c? C {TI ?rn ct5 y {--.) c:;D N "'t7 r n^ RONALD A. HUMES IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2010-3582 CIVIL ACTION LAW BARBARA M. HUMES Defendant IN CUSTODY Prior Judge: Albert H. Masland 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 subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Michael Humes January 6, 1999 Father/Mother Alyssa Humes March 9, 2000 Father/Mother Morgan Humes October 17, 2003 Father/Mother 2. A custody conciliation conference was held on May 11, 2012, with the following individuals in attendance: the Father, Ronald A. Humes, with his counsel, Paul D. Edger Esquire, and the Mother, Barbara M. Humes, with her counsel, Jane Adams Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator i 17 X] 19 A N Jane Adams ATTORNEY AT LAW Attorney I.D. No. 79465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 esgadams@gmail.com RONALD A. HUMES, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 2010 - 3582 Civil Term BARBARA A. HUMES, : CIVIL ACTION - LAW Defendant : IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW, comes Petitioner, Barbara A. Humes, by and through her counsel, Jane Adams, Esquire, and petitions the Court as follows: 1. Barbara A. Humes, (hereinafter referred to as "Mother"), is the Defendant in the above-captioned matter, and is an adult individual currently residing at 939 Herman Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Ronald A. Humes, Respondent, (hereinafter referred to as "Father") is the Plaintiff in the above-captioned matter, and currently resides at 412 Sharon Ave., Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. The parties are the natural parents of the following minor children: Michael Humes, born January 6, 1999, age 13; Alyssa Humes, born March 9, 2000; age 12; Morgan Humes, born October 17, 2003, age 8. 4 e3.00 Pal ht ? C# 9?q ,p#02 ?6930 4. The parties are subject to custody Orders, filed under the above-captioned docket number, which provide that the parties share physical and legal custody. 5. Mother no longer feels that the equally shared custody arrangement is in the best interest of the children, due to the parties' inability to communicate and difference in households and parenting styles. 6. In the prior court Order, Mother agreed to take the children to CCD classes. Mother is requesting that her obligation to provide transportation to the classes be removed from the current Order, due to Father's non-participation in the church. 7. Mother is seeking primary custody of the children, as she feels that she can better provide for the emotional and physical care of the children and that an equally shared custody schedule is too chaotic and stressful for the children. 8. Mother is requesting that the court set a conciliation conference to examine the issues regarding this matter. 9. Mother believes that her request for primary custody is in the best interest of the children. WHEREFORE, Plaintiff requests the court to set a conciliation date to examine issues regarding custody of the children. Respectfully submitted, Date: V (s /Z A.D. No. 79465 17 West South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. AA A A ^ Date: ! A ! `, arbarHumes, Petitioner 1?/ I ;? RONALD A. HUMES IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA __, V. 2010-3582 CIVIL ACTION LAW BARBARA A. HUMES IN CUSTODY DEFENDANT ?C-'? ? c ORDER OF COURT AND NOW, Thursday, June 21, 2012 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, July 18, 2012 at 10:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunda Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. j ??? s. svn da?1, est Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 6 1 '// 7 71?? 9 of C lgo?? pl 7-