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HomeMy WebLinkAbout01-0889MILTON H. FRANKLIN, Plaintiff v. SYLVIA D. FRANKLIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-889 Civil Term CUSTODY 1. Brittany Franklin's "Outstanding Academic Excellence" award 2. Brittany Franklin's "Certificate of Achievement" 3. Brittany Franklin's "Choral Award" 4. Jasmine Franklin's report card for the last two semesters 5. Brittany Franklin's report card for the last two semesters 6. 2000 greeting card from Sylvia Franklin to Milton Franklin with hand-written expression of respect for his parenting 7. 1999 greeting card from Sylvia Franklin to Milton Franklin with hand-written expression of appreciation for his parenting 8. May 22, 2000 E-mail from Sylvia Franklin to Milton Franklin expressing thanks for his wonderful parenting 9. July 13, 2000 E-Mail from Sylvia Franklin to Milton Franklin expressing thanks for his wonderful parenting 10. Fishing Creek Elementary School notice of classes regarding children's maturation issues Notice of base picnic ("town meeting picnic") August, 2001 DDSP Youth Services calendar 12. 13. 14. 15-18. August, 2001 school age services calendar Family Advocacy Program Events bulletin Numerous photographs of the New Cumberland home (living areas, family room, kitchen, etc.; the children's rooms; the computer area; the yard and outdoor areas; the "play areas" (playgrounds, youth center, etc.) PLAINTIFF'S EXHIBIT #1 D~ 0 4J 0 Hotmall Drafts Page I of I MS~N Home Hotmall Web Se_arch h~b~pj~in~_g Mo_gp~y Navigation Canceled + M~ inform~ation Hotrnail' miltonfranMin@hotmail.com Inbox Compose Addresses Folders Options Drafts P_e~ple & Chat Calendar Help From: "sylvia franklin" <sdfranklin89(~hotmail.com> Save Address - Block Sender To: miltonfranklin(~hotmail.com _Save Address Subject: I love you very much Date: Mon, 22 May 2000 04:27:46 GMT Reply Reply All Forward Delete Previous Next Close Hey sweetheart how are you doing today. I just got back from the play and decided to drop you a few lines. I miss my family very much and I miss being with my husband if you know what I mean. I know that I said that I need this and it is doing me some good but I didn't realize how much I would miss you guys. Once agin though I want to thank you for being -~ch a wonderful father to our girls. I will always love you for that. Well sweetheart I am going to try to call you now and then go to bed because I am sleepy. Reme~er that I love you very much... Syl Get New Hotmail Notifications and Free Instsnt Messaging at ht_!Ip://messenger, msn.com ~'~ ~' v " i~i~:/~(M° e to S~lected F01de0 ~ inbox Compose Addresses Folders Options Calendar Help Get notified when you have new Hotmail or when your triends are on-line, Send in.slant messages C ick her_ e o ge your FREE download of MSN Messem3er Servicel Meet new friends at the new MSN Cha[L Other Links: ~u3 MusLc il t~P~.~= Free~Uy_8_o9 k~s D_own lo a_d~sic. Game_s Pharmaqy _MoLe:._~ 2000 Microsoft Corporation. All rights reserved. Terms of Service Privac3 Statement Special Features: When Cu i~ig~arrow has failed Find and compare homes onl~ ,~ummer tunes, tours & the tube! Od YOU have ther~ Idnd of {nsucance_? Get the info ouou~t, wheq you want! PLAINTIFF'S EXHIBIT #8 ~/getmsg?disk=2 ~ 6 3 3~236 68-d892&~gin--mi~t~n~ank~in&~5632~&curmb~x=drA~T&-~ang= 7/13/00 II('~N(5 IO (50 IO I3ED BUI' OF COURSE I AM NOT SLEEPY AT All,. I MISS YOU AND MY BABIES SO MUCH ALREADY· DID TflEY ttAVE A GOOD TIME AT JAIMES IIOUSE7 GOSH I WlSfl YOU ALL WERE HERE WITH ME. THE 17:LO_OD THJ2gG AB_OIjT~2OL~ IS 'I'_H.J~AT I DDNT_I:IA_VE To~TqOR.~Y ABOUT__ LEA~VIN~3,ELTELYOU._B~CAUSE YOU2KR E Tide .~¢._R=F_ ECT DADD2I~. DEBBIE HOUSE IS REA[,LY NICE I AM tlAPI:'Y TIIAT SHE FINALLY GOT TIlE KIND OF tIOUSE THAT SIlL WANTS. IS TItERE ANYTHING THAT YOU NEED ME TO GET YOUTWEi,L SWEETI1EART MAKE SURE THAT YOU llAVE THE GIRLS CAI,L ME TOMORROW I LOVE YOU LOTS DON'T FORGET THAT WRITE BACK SOON Ill BABY I .lUST GOT OFF TIlE PItONE WITH YOU AS YOU CAN SEE WE ARE DOING FINE YES TItE GIRL'S HAD A BLAST HANGING OUT ~VITII JAMIE I CALLED TttEM[ TODAY AND THANKED THEM AND YVttEN YOU GET BACK YVE YVILL HAVE THAT CRYING DESERIE OVER TO SPEND THE NITE.HOW IS TIlE LEDGEND LOOKING? 1 MISS IVIY BABY. SO ARE YALL GOING TO ATLANTIC CITY I KNOW YAIJL ARE . DO CItUCK STILL HAVE THOSE PORK-N-BEANS IN TItE CABINIET. TIlE GIRL'S }lAVE REALLY NICE TO EACH OTHER SO FOR CALl. MOT AND GET SttAVON'S,~/SO MAYBE YOU CAN FIND THE SIIOES .SITE WANT'S AT FRANKI~INI~{ILL~S I'v[OTIS # IS 850-263- 2247. TIlE BOY'S REALLY LIKED THEIR STUFF I SENT THE~,~I . TELL EVERYONE1 SA1DHE[I.O. LOVEYAMILT[H[[[[![[![![[!HU[[[[! HELLO SWEETHEART HOW IS MY FAMILY DOING? OF COURSE I AM MISSING YOU ALL. TODAY 1 DID;TDO ANYTIIING BUT TRY TO SLEEP, I WAS WORE OUT FROM THAT TRAVEl,lNG· 1 BUSTED CHARI,ES AND DEB OUT ABOUT TIIOSE VIDEOS THEY JUST DIED. I TOLD TIIEM TtlAT THEY HAVE SOME FREAKY FREAK IN THEM. SO tlOW WAS WORK TODAY. DID YOU TELl, THAT DAMN TALKING CtlEIF ABOUT HIMSELF. JUST MAKE SUR,E THAT WHEN YOU DO YOU BE RESPECTFUL BUT TO THE POINT SO THAT YOU DONT IIAVE PROBLEMS WITtt }tiS ASS. I WILL CALL MOT AND SEE IIOW StIE IS DOING AND FIND OUT WHAT SHAVON WANTS, I AM GLAD TIIAT THE BOYS LIKED THERE STUFF, EVEN PISSY7 · ./getmsg dlsk--, 16 .~,~.2,~6 47_d I ,98&logmuazz828~&f-56,~20&curmbox--A( T1VE&_lang= 7/13/00 PLAINTIFF'S EXHIBIT #9 West Shore School District Fishing Creek Elementary School April 20, 2001 PLAINTIFF'S EXHIBIT #10 Dear Fifth Grade Parents and Guardians: On May 3, 2001, Eric Bomberger, Physical Education Instructor, and Ann Heidecker, School Nurse, will conduct classes dealing with physical growth and the maturation process. Boys' and girls' classes will be held separately. Students will be shown a brief, tasteful video followed by a discussion which will address body changes, cleanliness, nutrition, exercise, and some of the products students will be expected to uso as they go through this sensitive phase of growth. Students will be given booklets entitled "Always Changing" that you may wish to read together at home. Parents are welcome to view the video presentation, but are requested to leave during the discussion to allow a free flow of questions from the students. If you do not wish your child to participate in this class, please send a written request so that he/she may be excused. I hope your child's participation in this class will give you an opportunity to share some special time together. Sincerely, Tom Peifer, R.N. School Nurse KATItLEEN D. WAGNER Principal 510 Fishing Creek Road tewisberry, Pennsylvania 17339-9518 Phone (717) 938-6565 www.wssd.kl 2.pa,us An equal opportunify employer LARRY A. SAYRE Superintendent JEAN M. DYSZEL Assistant Superintendent PLAINTIFF'S EXHIBIT #11 UPCOMING FAMILY HOUSING EVENTS'. 6TH ANNUAL TOWN MEETING PICNIC THUI~SDAY 30 AUGUST 2001 6:00 PM SUSQUEHANNA CLUB A Picnic Dinner will be served Prizes will be presented to the Yard of the Year for each area Area Mayors and Coordinators will be announced NEWCOMEr,5 LUNCHEON WEDNESDAY 12 SEPTEMBER 2001 11:30 AT THE SUSQUEHANNA CLUB Free childcare is available on a limited basis Call Ms. ,Tordan at 770-7360 to reserve your space If you need additional information or have any questions contact the Family Housing Office ~770-8938 PLAINTIFF'S EXHIBIT #13 PLAINTIFF'S EXHIBIT #14 UPCOMING FAMILY ADVOCACY PROGRAM EVENTS STUFF FOR PARENTS! The Family Advocacy Program offers services and events that help keep your children safe and healthy. As a parent, is there anything you do that is more important and valuable than raising children to be the best they can be - emotionally, intellectually, and morally? Just like our children, we are learning and growing - adding new tools to use when coping with the challenges that raising children can bring. Here are some opportunities for parents and grandparents to pick up some information that may be helpful In raising children. Family Advocacy Program Manager, Rick Pedzwater, has set some times to be a~ailable to parents to give them the information they could use to help kids stay safe and healthy. Stop by at pickup time (between 4:00 and 5:15) at the Child Development Center (CDC - Bldg. 351) or School Age Services (SAS - .-... Bldg286) to exchange ideas and get information. Free of charge and ~ open to all parents and grandparents. It'll be iuick and ~asy! WED AUG 8 SAS THUR AUG 9 CDC Communicating with Your SchooI-Ager Bedlam at Bedtime WED SEPT 1 2 CDC THUR SEPT ! 3 SAS Fostering Your Preschooler's Friendships Protecting Your Child from Molestation WED OCT 10 SAS THUR OCT ! ! CDC Helping Your Child Be Successful in School Food, Glorious Food - Making Meals Special Questions? Call Rick Pedzwater, Family Advocacy Program, at 770-7066 ,l ~'LAINTIFF'S EXH. #15 (2 pages) PLAINTIFF'S EXH. #16 (2 pages) PLAINTIFF'S EXHISIT #17 PLAINTIFF'S EXHIBIT ~18 (2 pages) STATE OF NORTH CAROLINA COUNTY OF CUMBERLAND STATE OF NORTH CAROLINA EX REL: IN THE GENERAL COURT OF JUSTICE DISTRICT COURT DIVISION FILE NO.: 96 CVD 6859 IV~D NO.: 1765871 Sylvia D. Franklin PLAINTIFF vs. ORDER TO TERMINATE Milton H. Frfinklin DEFENDANT THIS CAUSE coming on to be heard and being heard this the 29th day of August, 2000, before the undersigned Judge Presiding over the Civil, Non-Jury Session of Paternity and Child Support of District Court for C~mberland County, North Carolina, upon Defendant's Motion to Terminate Child Support Payments, the Court makes the following FINDINGS OF FACT: 1. That this cause is properly before the Court and the Court has jurisdiction over the Plaintiff, Defendant and the subject matter. 2. That when this matter was called for hearing Defendant was not present since he is stationed overseas and was not represented by counsel; that Plaintiffs counsel, Sonya M. Alien appeared on behalf of North Carolina Child Support Enforcement/Cumberland County Agency. 3. That on October 5, 1996, an Order was entered in this cause whereby Defendant was ordered to pay the sum of $600.00 per month for the support and maintenance of his minor children, beginning November 5, 1996, and continuing until further orders of this Court. 4. That on July 8, 2000, Defendant filed a Motion requesting the Court to terminate his child support payments due to him and the Plaintiff never being separated when child support was established, and that the children are currently in his custody. 5. That the Judge presiding ordered for child support to be terminated and arrears to be set at zero. WHEREFORE, BASED UPON THE FOREGOING FINDINGS OF FACT, THE COURT CONCLUDES AS A MATrER OF LAW: 1. That the child support payments ordered in the above said Order should be terminated effective July 1, 2000. 2. That the arrears in this matter should be zeroed out and any monies on hold should be refunded to Defendant. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED: 1. That the Child Support Order entered by this Court on October 5, 1996 is hereby terminated effective July 1, 2000. I 2. That the arrears in this matter are hereby zeroed out and any monies on hold shall be refunded to Defendant. 3. That this cause is retained for any further and subsequent orders of this Court, SO ORDERED this, the~ ~y~gust, 2000, signed nunc pro tunc on this the ~y of ' ' ,2000. C.E, DONALDSON, JUDGE PJ~IDING 96 CVD 6859 CERTIFICATE OF SERVICE I hereby certify that I have served the Order upon the below named part~(ie)) by mailing ~b~pj,, po_stage prepaid, to the party(les) at the address below on the-~-- q of ~40/::f;~,,~' ,2000: day Assistant Attorney General North Carolina Child Support Enforcement/ Cumberland County Agency P. O. Box 2545 Fayetteville, NC 28302 Telephone: (910) 486-1092 SERVICE UPON: Milton H. Franklin PSC 560 Box 722 APO, AE 96376 A TRUE COPY CLERK OF SUPERIOR COURT CUMBERLAND~ QOU NT,.Y ~ ASSISTANT, DEPUTY I Milton Howard Franklin and Sylvm Darmta Franldm agree tlmt &rang our separatmn from one another · two daughters Brittany Kierra Franklin age 10 and due to xmlrital problems, the living an-angements of ~urlows.: The children will reside with their father in Jasmine Nicole Franklin age 7, Tile agreement xs as · . ~' 0. 1 Milton Howard Franklin agrees to escort our Okinawa Japan from July 15a' ttll November 15 . 200 · children to live with ~t~l~xtn)~On~ro~l:~itaemDea~.ta Frankhn no lather titan No-,e,~lf: 2.~. !.(~.t~t.Q. ~rther ¢llstodv malters are se · ' ....................................... ¢/ITlt TI4E U.S. ARMED FORCES) OYgp~A5 AT 0KtNAg'A. JAPAN) SS: Subscribed and sworn to before me on 1 4 JUL R[TeOI ?PH A. WARTELLA, IV Legal Assistance Attorney Powers of a Notary FAMILY ADVOCACY PROGRAM - CASE RECORD INDEX For use of thi~ form see MEDCOM Para 608-1 SECTION ITEM {Left side of folder) DATE ACCOMPLISHED Family Advocacy Intake (MEDCOMForm 650-R) Risk Assessment (MEDCOM Form 665-R or 664-R) CAN Protocol/Spouse Abuse Protocol MTF Spouse Abuse Incident Report ER Encounter Sheet (SF$$8) Laboratory Work Photographs X-ray Reports Social History (MEDCOM Form 647-R-E) Psychosocial Assessment Child/Spouse Abuse Incident Reports (DD Form 2486) 1. Initial 2. Subsequent 3. Transfer 4. Closure Documentation of Telephone Collaterals (Da Form SO08) Letter to Commander (copies) [-~ Referral to Psychology/Psychiatry (SF 515) Psychological Test Results Psychiatric Consultation Community Health Nurse Referrals (D,4 Form $765) Community Health Nurse Replies Referral to Alcohol and Drug (SFS-S) Referral to Civilian Medical Care (CMC) (Dt~ Form 216l) Civilian Medical Care Replies Copies of Civilian/Military Written Communications FAP Transfer Letter to Gaining CRC ] Family Advocacy Case Problem List t~a£Dco~ Form 625-R) MEDCOM Form 604-R (MCHO*CL) Feb 96 Previous editions ara obsolete, 77 FAI¢IILY ADVOCACY CASE PROBLEM LIST For use of this form see MEDCOM Reg 608-18 Case Number: 00-0019 Case Manager: Miyagi ACR Check: 20 July 2000 Type: Physical, emotional, and sexual spouse abuse Date Opened: 12 July 2000 CO Notified: 13 July 2000 1. SUBJECTIVE: Spouse stated that husband has been emotionally abusive to her by calling her names, having affairs, and following her around. Spouse stated that she has not been physically abused but that husband is very jealous and conducts "vaginal checks" after she has been out in the evening. Spouse stated that husband has had sex with her when she has told him "No." Spouse stated that she does not consider this rape. Service member declined to participate in asssessment. 2. OBJECTIVE: Spouse has experienced considerable emotional abuse over the course of her marriage. Spouse exhibits the classic signs of victimology. Spouse has also been repeatedly physically abused and has experienced several incidents of sexual abuse. Spouse' s aim at this time appears to be to leave the island and get away from husband. 3. ASSESSMENT: 4. The well being of the children needs to be addressed in mother's absence b. CRC evaluation: 4. The well being of the children needs to be addressed in mother's absence 4. TREATMENT PLAN: b. Command to provide regular in home checks on well being of children c. Children to attend the Children Who Witness Domest~iolence Group Case Manager ' '-' t DON?iA PETERS. MIYAGI, M.ED., NCC, LPG 3-Ar¢.*ILY ADVOCACY COUNSELOR MEDCOM FORM 626-R (MCHO-CL) OCT 94 Previous editions are obsolete ~liyagi Donna Contractor 10th ASG(n) re: DurffJ@awc.~;adisle.army.mil -~ubject: Transfer letter ~,PAJ-GOF-A MEMORANDUM FOR: Chairperson, CRC at Carlisle Barracks SUBJECT: Transfer of Family Advocacy Program Case and Record. 1. Pursuant to AR 608-18, Army Family Advocacy Program, you are advised that SFC Milton Franklin, SSN 261-47-7693 has been reassigned to your area of responsibility for treatment and follow-up for substantiated physical, emotional, and sexual spouse abuse. 2. SFC Franklin has been assigned to 2D BN (TS) FA 315th REGT New Cumberland Depot. A copy of soldier's orders are to follow by fax. 3. It is the opinion of the CRC that further treatment is warranted. 4. Point of contact is Donna Peters-Miyagi, DSN 644-4743. Donna P, Miyagi, M.Ed., NCC, LPC Family Advocacy Treatment Counselor Community Mental Health Counselor 644-4743 REPLY TO ATrENTIQN DEPARTMENT OF THE ARMY HEADQUARTERS, lOTH AREA SUPPORT GROUP UNIT #35115 APO AP 96376-5115 APA3-GOF-A (608-18) 14 August 2000 MEMORANDUM FOR: Commanding Officer, 1~ Battalion, Ft Special Forces Group, HSC Unit 35123 APO AP 96376-5123 SUBJECT: Case Review Committee (CRC) Findings for SFC Franklin, Milton, SSN 261- 47-7693. 1. Reference AR 608-18, par 3-29(lb), dtd 1 Sep 95, which states communication with command will include a written outline of the case determination, treatment plan and team recommendations. b. Command be advised to provide regular in-home checks with family in order to ensure that children are being properly cared for and are provided a safe environment. c. Service member be advised to allow children to participate in Children Who Witness Domestic Violence Group. This may be scheduled through Army FAP Treatment office. 4. IAW AR 608-18, a DD Form 2468, Child/Spouse Abuse Incident Report, will be forwarded to the U.S. Army Central Registry, Ft. Sam Houston, Texas. 5. Commanders are reminded of the sensitive and confidential nature of all family advocacy information and information should be shared only on a need to know basis. APAJ-GOF-A (608-18) 6. Involvement in the resolution of family violence is a command responsibility, which is outlined in AR-608~18, 1~7. I am the POC for this action at. 644-4743. Donna Peters-Miyagi, M.Ed., NEC, LPC Family Advocacy Treatment Counselor DEPARTMENT OF THE ARMY HEADQUARTERS, 1sT SPECIAL FORCES BATTALION 1s'r SPECIAL FORCES GROUP (AIRBORNE), Is? SPECIAL FORCES I INIT 35123, APO AREA PACIFIC 96376-5123 APSO-SFI-HCO 11 December 2000 6. POC this action is the undersigned at 644-5134. CPT, SF Commanding APAJ-GOF-A 7 December 2000 MEMORANDUM FOR CPT Childs, 1st Battalion, 1st Special Forces Group, HSC Unit 35123 APO AP 96376-5123 SUBJECT: Treatment Recommendation for SFC Milton Franklin, SSN 261-47-7693 POC for this action is the undersigned. Donna Peters-Miyagi, NCC, LPC Family Advocacy Treatment Counselor Army Community Mental Health DSN 644-4743 DEPARTMENT OF THE ARMY HI~ADQUARTI=RS, lOTH AREA SUPPORT GROUP UNIT #35115 APO AP 96376-5115 APAJ-GOF-A (608-18) MEMORANDUM FOR Chairperson, Case Review Committee (CRC) SUBJECT: Reply to CRC recommendations for SFC Franklin, Milton, SSN 261-47-7693, 1st Battalion, 1~ Special Forces Group, HSC 1. C[~NC~O NOT CONCUR with the treatment recommendations of the Case Review Committee. Accordingly, the above named service member HAS / HAS NOT been directed to contact your office to begin the recommended treatment. ' 2. Additionally, all family members liste(~HAVE~tAVE NOT been requested to participate with their sponsor. CPT Ma3k Childs 1st Battalion, 1st Special Forces Group REPLY TO ATTENTION OF: DEPARTMENT OF THE ARMY H~ADQUARTERS, IOTH AREA SUPPORT GROUP UNIT #3§115 APO AP 96376-5115 APAJ-GOF-A (608-18) 14August2000 MEMORANDUM FOR Commander, CPT Childs, 1st Battalion, 1st Special Forces Group, HSC SUBJECT: Reply to CRC recommendations for SFC Milton Franklin, 261-4%7693, 1s' Battalion, Ist Special Forces Group, HSC. 1. Per AR 608-18 par 1-7 (8b), please complete the attached concurrence / non-concurrence memorandum by circling the appropriate designation in items 1 and 2 and providing your signature. 2. Please return this memorandum in the enclosed folder to the address below. Per the above referenced regulation, these documents must be maintained in the Family Advocacy Treatment file.. APAJ-GOF-A ATTN: Donna Miyagi, FAP Treatm~.~ Counselor Donna Miyagi, M.Ed., NCC, LPC Family Advocacy Treatment Counselor DEC-28-2000 ~0t21 P,04 ~.DMINI~'~RATIVE 1.CASE NUMBER I SEQ: 20000019 4..TYPE OF VICT~M Spouse 7a. SOURCE OF REFERRAL: 9,INCIDENT CHRONOLOGY CRC DATE 811 a. CASE STATUS Substantiated gc. INVESTtC~ATIONS: CPS: MIL LAW: CIV L~W: NONE SPONSOR: 1Q.SSN: 11 ,NAME: 12.GRADE: 261-47~7693 Franklin, MEton VICTIM: 16.FMp: 17.SSN: 241-47-9023 18.NAME: Franklin, $1YVfa lg,DOB: 20.SEX: 21 .RACE: 22.ALCOHOL: 23.DRLIGS: ALLEGED PRIMARY OFFENDER: 27,SSN: 28,NAk~E: 29,D~B: 30.SEX: 31 .RACE: $2.ALCOHOL: 33.DRUGS; 35.BRANCH: 37.MARITAL STATUS: 41 .AUTHENTICATING OFFICIAL; a. NAME Rose Palos C, FASS: ACR: Ft Sam HouSton, TX DA Form 2486-R, 9;50~01 (.~)ta~) Far~mile CHILD/SPOUSE A~USE INCIDENT REPORT 2.INSTALLATION / MTF CODE: A071^ OKINAWA 5.FATN.tTY OFF KNOWN: VICT KNOWN: Th.INITIAL ALLEGATION(s) OF MALTREATMENT: PHYSICAL SEXUAL EMOTIONAL NEGLECT 9b.T~E OF REPORT: Closure I Transfer-Out l'mn~er Out I MTF Transferre~ TO: CARLISLE BARRACKS 9al.VICTIM PROTECTIVE ACTIONS: CHILD REMOVED: SPOUSE REMOVED~ OFF RENt/HOME OFF REMIACT OTHER: NONE: 13.ROLE Alleged Offender 14. BRANCH: 24.DISABILITY: 25, INTERVENTION: a,FAP: ;;,OTHER c, NON DoD: d. NONE 26.INCIDENT OCCURRED: 38. INTERVENTION; a. FAP: b.OTHER DoD: c, NON DoD: d.NONE 3g.TYPE/$EVERITY OF MALTREATMENT: PHYSICAL SEXUAL 40.RELATION 'TO VICTIM: t),$1GNATURE 3.DATE REPORTEO: 7113/00 6.NBR 2ARY OFF: EMOTIONAL NEGLECT c.0ATE SIGNED '~ FOR OFFICIAL USE ON~.Y TOTAL P. **** FOR OFFICIAL USE ONLY **** 8/16/2000 CHILD/SPOUSE ABUSE INCIDENT REPOR, **** )MINISTRATIVE DATA: 1CASE NUMBER/SEQ: 20000019 A 2.INSTALLATION / MTF CODE: A071A OKINAWA TYPE OF VICTIM 5.FATALITY OFF KNOWN: Spouse VtCT KNOWN: a. SOURCE OF REFERRAL: Mil Law Enforcement 7b. INITIAL ALLEGATION(s) OF MALTREATMENT: PHYSICAL SEXUAL EMOTIONAL Y Y Y NEGLECT N 3.DATE REPORTED: 7It 3/2000 6.NBR2ARY OFF: ).INCIDENT CHRONOLOGY CRC DATE a. CASE STATUS 81101;2000 Substantiated 9c. INVESTIGATIONS: CPS: N MIL LAW: Y CIV LAW: N SWS: N NONE: N 9b.TYPE OF REPORT: initial Report 9d.VICTIM PROTECTIVE ACTIONS: CHILD REMOVED: N SPOUSE REMOVED: N OFF REM/HOME N OFF REM/ACT N OTHER: N NONE: y SPONSOR: IO.SSN: 261-47-7693 11.NAME: Franklin, Milton 12.GRADE: Enlisted - 07 13.ROLE: Alleged Offender 14.BRANCH: Army / Regular VICTIM: 16.FMP: 30 17.SSN: 241-47-9023 i18.NAME: Franklin, Slyvia 20,SEX: Female 21 .RACE: Black, Not Hispanic 22.ALCOHOL: No 23,DRUGS: No ALLEGED PRIMARY OFFENDER: 27.SSN: 26t-47-7693 28.NAME: Franklin, Milton 29,DOB: 9/30/1963 30.SEX: Male 31.RACE: Black, Not Hispanic 32.ALCOHOL: No 33.DRUGS: No 34.GRADE: Enlisted - 07 35.BRANCH: Army / Regular 37.MARITAL STATUS: Married 41 .AUTHENTICATING OFFICIAL: a. NAME Rose Paros C, FASS; ACR; Ft Sam Houston, TX 24.DISABILITY: No 25.INTERVENTION: a,FAP: Y b. OTHER DoD: N c,NON DoD: N d. NONE N 26.INCIDENT OCCURRED: On Installation 38.INTERVENTION: a,FAP: Y b. OTHER DoD: N c. NON DoD: N d,NONE N 39.TYPE/SEVERITY OF MALTREATMENT: PHYSICAL SEXUAL Severe Severe 40.RELATION TO VICTIM', Spouse b. SIGNATURE EMOTIONAL Severe NEGLECT c. DATESIGNED DA Form 2486-R, 980601 (Draft) Facsimile Page 1 of 9 pages FAMILY ADVOCACY PROGRAM' (TAP) SOCIAL HISTORY (See Privacy Act Statement - FAP Case File# , TAB L) Section I. Identifying Data: A. Name of Sponsor social security Nu er Home Phone Nu~er Duty Phone Nu~er Level of Education B. Na~ of spouse ~ Social Security N~er Work Phone Nu~er Level of Education C. The Presenting Problem as Identified by Each: D. Referral Source: E. Problem (Event) Identified by Referral MEDCOM FORM 647-R-E (MCHO) OCT 94 63 II. Current Problems: Financial Unit (Job) Child Care Recent Move Pending Move Loneliness/Isolation Pending Discharge Legal Medical Family Disagreements Religious Differences Racial/Cultural Differences Deaths in the Family Page 2 of 9 pages III. History of Violence in the Family, 1. Did you witness abuse as a child? 2. Were you abused as a child? 3. If you were abused, how? a. Physically b. Sexually c. Emotionally d. Needs neglected if any: Y 64 Page 3 of 9 pages 4. Have you had any previous involvement with the Family Advocacy Program or the Child Protective S~rvices? IV. Substance Use/Abuse: In the current family does anyone use/abuse alcohol/drugs? use/abuse alcohol/drugs? V. History of Mental Illness (Include Suicide and Homicide Attempts): · VI. A Description of the Family of Origin (Incl6de how dis¢ipline/Dunishment was handled. Also include their location and their contacts with our client's family): Husband: 65 9 pages VII. Past Marriages death, how?): Husband: (reasons why they ended: divorce, why?; VIII. A. Description of the Current Family: Husband Date of Birth Wife Date of Marriage q % Length of Time Known Prlor to Marriage~%l~ Current relationships (define how listed members relate. Include relationships of parents to each other and to each c.hild in _t~e fami%y., T~ll who is "in .oha~ge" ~nd haw): I~ ! ! 66 Page 5 of 9 pages B. LChildre~ ~D B ~ C. Answer the following questions: 1. Were any of these children unplanned/unwanted? 2. Do any of these children have medical problems? 3. Are any of these children difficult or exceptional in any way? 4. Are there any present special problems? 5. Did marital relationship change after ~a child's birth? Explain any yes answer: D. Li~t any othe%r person~ in t~e household. Define their relationsh~p~;~nd tell.,~h~ they aNe in the household and how they How ,is ,discipline administered.and by, whom? 67 Page 6 of 9 pages G. How 'are emotions/feelings handled in .the family? / (W/h, ich emo~ons are .expressed! by whqm, when?) . ,t/ /,/ / / / y Wha,',',%, d.oes eac.h; parent,/l~ke/¢i~lSke about paNen~%ing.?/' ,.~ Who dpes, theI family rely o9 for~h.elp w~th problems? K. How,is spare time spe.ntr?,/ . , / ' , , 68 L. Experience ~ith counseling, if any: Page 7 of 9 pages Chaplains Alcohol/Drug SchOol counselors Marriage and family counseling Social work service Community mental health / Court mandated counseling ._ / ~_~ .Exl~l~in~ny yes. answer~ ! '~/~ IX~ Areas of strength (Include what the clients believe and what yo~ see, no,te~th~ di~inct~on.~ , 69 X. Geneogram (optiOnal) Page 8 of 9 pages 70 Page 9 of 9 pages XI. Social worker ~escription of each partner's affect (include how they present themselves, their cognitive functioning, their professed and displayed value system, their dependency roles, their ability to participate with peers, their willingness to participate in treatment: Husband: · comp et'ing fo~rm~ual 7/ SPOUSE ABUSE MANUAL ISPAM! AB.~ESSMENT WORKSHEET . FREQUENCY OF ABUSE No~a~ STRESSFUL L ~: cv ~ [ ' ' O. SUBSTANCE ABU'SE No~e. I. IMPULSE CONTROL ANO ~t~olled_ ~MPULslv~TY CURRENT OR PREVIO~ I None. MENTAL HEALTH DIAGNOSIS LEVEL OF INVOLVEMENT IN Fl'i~nds fmm, e than twoL A]I[IUDETOWARO EVALUATION 1 7. WORK PERFORMANCE 18. FAMILY STRENGTHS OASE NUMBER: LEVEL I] PROVIDER'S NAME , X AUTHENTiCATION Impu,~ve, Significan~. U~treated er q~di_agnosed. NO friefi~, NeVer hal y~t~l ov~. Ooea not beJ~ng to frat~li group S. ReligiositY. Stern an~ rigid prac~cea. Uncoo~erauve and/or mani~ulaaVe . Poor performer. J DATE j "~ RISK FACTORS History of Abuse/FAP history Substance use Extent of physical injury Speuse Abuse Risk Assessment For use of this form see MEDCOM Para 608-1 LOW (L) No prior reports or injuries None MODERATE (M) Prior minor injuries* No medical treatment needed Some use, non- contributing factor Minor physical injury/treatment* Use of weapons Emotional maltreatment None None/infrequent Weapons available, not used Frequent/chronic Location of children Forced sex Family stressors Location of perpetrator Assault history of perpetrator Fear of perpetrator Known/no risk Known, minimal risk No evidence or Allegation with no allegation evidence None Minimal Known, no access Known, access to to victim victim None Infrequent/ occasional episodes HIGH (H) Subsequent incident with major injuries* Significant use, contributing factor Major physical injury* or hospitalization. Injury during pregnancy Weapon used or threat to use Threats of death or serious injury/stalking Unknown or with perpetrator Evidence of forced sex Multiple Unknown or "Atlarge" Frequent/chronic episodes None Minimal Significant Safety plan Appropriate Vague None CODE RECOMMENDATIONS'. This form has been reviewed by me and I understand the risks and recommendations SIGNATURE: DATE: MEDCOM FORM 665-R IMCHO-CLI OCT 94 60 ~cv,.~c> FAMILY A~DVOCACY INTAKE (Privacy act statement contained in case rite fotder. For use of this form see MEDCOM Para 608-11 Grade: P7 Social Secudty Number: ~ / - (/~7" '7~ Time in Service: s~s ~,~: PCS Dat.: Unit: ETS Date: .~ PCS Date: DEROS Date: CHILDREN Name {Last, First, Middle initial) SSN Sex Child 1 Child 2 Child 3 Child 4 Child 5 {Use additional sheet, it necessary) List others living in the home {Aunt, Grandfather, etc}: School Living at Age & DOB Race Grade ~e NO iA MEDCOM FORM 660-R (MCHO-CL} OCT 94 PREVIOUS EDITIONS ARE OBSOLETE FAMILY ADVOCACY INTAKE ICONTINUEO} CURRENTPROBLEMS Child Abuse Spouse Abuse Financial Unk (Job) Child Care Recent Move Pending Move Loneliness/Isolation Pending Discharge Legal Physical Medical Problems Mental Health Problems Family Member Illness YES NO NA Family Disagreements Religious Differences RaciatlCulturat Differences Housing/Neighborhood issues Alcohol/Drags Sexual Problems Child Rearing Methods Suicide Attempts Criminal F~obiems EFMP UCMJIDieciplinery Actions YES NO NA F.,XPERtENCE WITH COUNSELING Chaplains Alcohol/Drug School counselors Marriage end family counseling YES NO Social Work Service Community Mental Health Court Mandated counsefing Child Protective Services YES NO MARITAL INFORMATION What is your marital status? [] Single [] Divorced Is spouse residing with you? ~ YES [] NO ] Widow/Widower [] Separated Number of previous marriages ~/ ~Married MEDICATIONS THAT YOU ARE CURRENTLY TAKING BRIEFLY DESCRIBE WHY YOU ARE HERE MEDCOM FORM SSO-R IMCHO-CLI OCT 94, Page 2 Mc vl.~o SECTION (Right side of folder) ITEM DATE ACCOMPLISHED Family Advocacy Treatment Plan (MEDCOM Form 626-R) Counseling Documentation ($F 600) Documentation of CRC Minutes ($F 600} Legal Documentation (M~ Blotter, CID Report, SJ.4 ,~ction, Court Documents, etc.) Limits of Comfidentiality/Privaey or Privacy Act (DD Form 2005) Information Paper Receipt Other Information Pertinent to the Case 2 MEDCOM Form 604-R {MCHO-CI.] Feb 96, Page 2 7¸8 Case Number: 00-0019 Name: Wilson, Siyvia SSN: 261-47-7693 Case Manager: Donna Miyagi, M.Ed., NCC, LPC TREATMENT PLAN Problem 1. Spouse Abuse Objectives Prevent future incidents Responsible Method/ Agent Review 1.2 Inappropriate use of children in parental disagreements and involvement of children in following of spouse 1.3 S/M's children have witnessed incidents of extreme verbal arguing Ensure that children are being appropriately cared for in mother's absence and that father decreases use of children in relationship difficulties Prevent the children from repeating cycle of violence and allow them to express thoughts and feelings. Command member to conduct regular in-home visits Date: Dec 2000 Accomplished? Yes Comments: Command continues with visits and finds no concerns Children Who Witness Domestic Violence Group, Army FAP Initials: D.M. Date: Dec 2000 Accomplished? No ConllBents: Continues to refuse group for children Initials: D.M. Donna Miyagi, M.Ed., NCC,, LPC Family Advocacy Counselor Case Number: 00-0019 Name: Wilson, Slyvia SSN: 261-47-7693 Case Manager: Donna Miyagi, M.Ed., NCC, LPC TREATMENT PLAN Problem 1. Spouse Abuse Objectives Prevent future incidents Responsible Method/ Agent Review 1.2 Inappropriate use of children in parental disagreements and involvement of children in following of spouse 1.3 S/M's children have witnessed incidents of extreme verbal arguing Ensure that children are being appropriately cared for in mother's absence and that father decreases use of children in relationship difficulties Prevent the children from repeating cycle of violence and allow them to express thoughts and feelings. Command member to Conduct regular in-home visits Date: Nov 2000 Accomplished .~ Comments: ~'~- Children Who Witness Domestic Violence Group, Army FAP Date: Nov 2000 Accomplished? AJlD Initials: D.M. Donna Miyagi, M.Ed., NCC,"LPC Family Advocacy Counselor HEALTH RECORD DATE CHRONOLOGICAL RECORD OF MEDICAL CARE SYMPTOMS, DIAGNOSIS, TREATMENT TREATING ORGANIZATION (Sign each entry) DOMESTIC VIOLENCE ASSESSMENT INTRODUCTION tst SGT CHARGES PENDING POLICE INVOLVEMENT COURT DATE MARITAL HISTORY POWER/CONTROL ISSUES ~J~ PROBLEMS & wAYS CONF~TS ~RE SOLVE~ ~E PRI 'LEGE (include housework/parenting)~%~l, ~1,~ PATIENT'S IDENTIFICATION (Use this space for Mechanical Imprint) RECORDS MAINTAINED AT: DE AR SE ICE / S~,/IDEN7IFICATION NO IDATE OF BIRTH DA~E SYMPTOMS, DIAGNOSIS, TREATMENT TREATING ORGANIZATION (Siqn each entry) ~G~/[~[H[D~[O~ ~e~ des~=oy~ p~o~y) PHYSICAL ABUSE: INDICATE FREQUENCY SLAPPING ~ PUSHING RES~NI~G t,~AlI o~H~ WEAPONS: In House.~n Used during HEALTH RECORD DATE CHRONOLOGICAL RECORD OF MEDICAL CARE SYMPTOMS, DIAGNOSIS, TREATMENT TREATING ORGANIZATION (Sign each entry) NATURE OF SITUATION WHICH pRECIPiTATeS VIOLENCE (alcohol invplvement? EFPECTS OF VIOLENCE ON: PERPETRATOR - OTHER - VIOLENCE IN PREVIpUS kELATtONSHIPS (Inc. fighting i~ school, bar~) >ATIENT'S IDENTIFICATION (Use this space for Mechanical rnprl'nt) RECORDS MAINTAINED AT= PATIENT'S NAMt: (Lest. Fir~. Middle Initial) RELATIONSHIP TO SPONSOR SPONSOR'S NAME DEPART/SERVICE ~ SSN/IDENTIFICATION NO I STATUS SEX RANK/G R~,D E DATE OF E~IRTH OAIE FilMILY HISTORY (of respondent SYI~fOM$, DIAGNOSIS, TREATMENT TREATING ORGANIZATION (Siqn each enlry) HOW p ,~NTS RESOLVED CONFLICTS (violence?) INDIVIDUAL ' S HISTORY 600'-108 CHRONOLOGICAL RECORD OF MEDICAL CARE SYMPTOMS/DIAGNOSIS, TREATMENT, TREATING ORGANIZATION (Sign ~chent~/) DONNA P~S - MI~AGI, ~.~ NC~, ~. C ~AM!LY ADVOCACY COUNS~O~ DONNA PE l ERS - MIYAGI, ~.E~-'., i';CC, FAMILY ADVOCACY COUNSELOR MAINTAINED HEALTH RECORD I CHRONOLOGICAL RECORD OF MEDICAL CARE DATE SYMPTOMS, DIAGNOSIS, TREATMENT, TREATING ORGANIZATION ($i~n each entry) ~AMILY ADVO~CY COUNSELOR HEALTH RECORD DATE 600-10 CHRONOLOGICAL RECORD OF MEDICAL CARE SYMPTOMS, DIAGNOSIS, TREATMENT, TREATING ORG~.NtZATION (Sign each entry) DONNA PETERS. MIYAGI, M.ED., NC~ L~C FA~IILY ADVOCACY COUNSEl. OR DONNA PETERS- MIYAG~, M.'R~., 1"(,~C, L~C FAMILY ADVOCACY COUNSELOR I CHRONOLOGICAL RECORD OF MEDICAL CARE HEALTH RECORD DATE SYMPTOMS, DIAGNOSIS, TREA,'I'MEI~IT, TREATING OF~GAN IZATION ($i~n each~ntry)~ / ' I DONNA PETERS-M~AGI, M.E~.,~C, L,C F~IL~i ADVOCACY COUNSELOR HEALTH RECGRD DATE I CHRONOLOGICAL RECORD OF MEDICAL CARE · .SYMPTOMS, DIAGNOSIS, TREATM~NT, TREATIN~ORGANI~ATION(figneachent~) DONNA PETERS. MIYAGI, IW~BD., NCC, I~PC FAMTI.~' AlqV~CACV OOtTNSELOR F~ILY ~VOCACY COUNSELOR MAINTAINED 7~ HEALTH RECORD DATE 6OO-lO8 CHRONOLOGICAL RECORD OF MEDICAL CARE SYMPTOMS,,DIAGNOSIS, TREATMENT, TREATING ORGANIZATION (Sign each entry) FAMILY ADVOCACY COUNSELOR ./ FAMILY ADVOCACY COUNSRLOR RE~TION]HIP T~PONSO[ STATUS RANK/~RA~E SPON~bR'S NA~ I I IOR~NIZA'ION I CHRONOLOGICAL RECORD OF MEDICAL CARE REC~)RD HEALTH DATE SYMPTOMS,,DIAGNO$1S( TREATMENT, TREATING ORGANIZATION ($i~n~achent~/) DONNA PETERS- MIYAGI, M.Ed. ~- FAMILY BDVOCACY COUNSELOi. DONNA PETERS-MIYA'GI, [v].,~l~'~(-~-, b u. ~AMII,Y ADVOCACY COUNSEL'O~ I CHRONOLOGICAL RECOP~ OF MEDICAL CARE RECORD HEALTH DATE SYMPTOMS, OIAG NOSIS, TREATMENT, TREATIN~)RGAN IZA~ION (Sign each entry) ~' ' DONNA PETERS- MIYAGI, M.Ed., ~, LPC FAMILY ADVOCACY COUNSELOR ~ DO~A PETERS- MIYAGI, M.ED., NCC, ~P~ F~ILY ~VOCACY COUNSELOR II | DONNA PETERS-~IYAGI, F~ILY ADVOCACY RTIErNT'$ IOEN~TIFICATION ([,'le thl4 apace fo~ Meeltenlee! RECORDS MAINTAINED AT: P TA..T~ENT'S NA~Iy~E (~oat, ~lr~t, MiddJ~ InltMI) SEX :~TiONSHI TO S~NSOfl ISTATUS RA~K/'G fiADE NSN 754~-00-634-41~6 ,EALT, RECORD I CHRONOLOGICAL RECORD OF MEDICAL CARE DATE SYMPTOMS,,DIAGNOSIS, TREATMENT, TREATING ORGANIZATION ($i~.fl, eacl~entry) PA~IENT*S NAM~ (~t, ~imt, MMd~ I~ltil) SEX ' HEALTH RECORD DATE I CHRONOLOGICAL RECORD OF MEDICAL CARE · SYMPTOMSCD IAGNOSIS~ T~REATMENT, TREATING ORGANIZATION (Sign each entry) . DOiqN'~2PETERS-MWAGI, M.ED, N~PC FAMILY ADVOCACY COUNSELOR DONNA PETERS. MIYAGI, ~.~ NCC, LPG F~Z ADVOCACY RECORDS MAINTAINED AT: ~'ATI~:NT'S N/~, ,Mi~ (l~t, ~l~l~t, MIddl~ ~l~l) SEX _,,~w~ I~/ u~.~ / HEALTH RECORD DATE CHRONOLOGICAL RECORD OF MEDICAL CARE SYMPTOMS% DIAGNOSIS, TREATMENT, TREATING ORGANIZATION (Sign ~ae~ entry) 1:,,,~ V .... ./%,~.,~ P.. ~,/~ F~Y ~VOCACY COUNSELOR 8QO-IQE HEALTH RECORD DATE CHRONOLOGICAL RECORD OF MEDICAL CARE SY MPTOM~',_D IAGNOSI~, TREATMENT, TREATING ORGAN IZATION ($/~n ~c/~ F~Y ~VOCACY COUNSELOR I CHRONOLOGICAL RECORD OF MEDICAL CARE HEALTH RECORD DATE SYMPTOMS,.DIA(~NOSIS, TREATMENT, TREATING ORC.~NIZATION ($i~neacl~entry) F~Y ~VOCACY COUNS~.~.~,, Case #: 00-0019 Case Manager: Donna Miyagi CASE SUMMARY Date: 10 August 2000 Allegation: Emotional, Physical, Sexual Spouse Abuse Date of Presenting Incident: Emotional abuse occurring over course of marriage with sexual assaults occurring in Feb/Mar. Date Assessments Completed: Spouse: 13 July 2000 Service Member: Declined PART I: INFORMATION AND EVIDENCE REGARDING THE INCIDENT A. DEMOGRAPHIC INFORMATION ON FAMILY 1. Husband Name: Milton Franklin Rank: E7 Age: 36 Military of Civilian Employment: HSC 1/1 SFG 2. Wife Name: Sylvia Franklin Rank: Civ Age: 31 Military or Civilian Employment: Omega Travel 3. Date Married: 4 August 1989 Children living at Home: Name/Age: Brittany Franklin/age 10 Jasmine Franklin/age 7 5. Address: On Base X OffBase B. SUMMARY OF INFORMATION RELATED TO THE INCIDENT: 1. INTERVIEW WITH SPOUSE: Spouse stated that husband has been emotionally abusive throughout the couple's marriage. Spouse stated that husband continually criticizes her about her weight. Spouse stated that husband calls her "Fat bitch" often and compares her size with that' of other woman. Spouse stated that husband openly flirts with other women in front of her. Spouse stated that husband has had numerous extramarital affairs and that she ran into husband with his girlfriend in January 2000. Spouse stated that she has received several phone calls at work from husband's girlfriends and girlfriend's husbands confronting her with husband's activities. Spouse stated that she has found husband masturbating to pornography while on the computer and has discovered semen stains on husband's clothing while doing the laundry. Spouse stated that "things" have worsened since January 2000. Spouse stated that husband has been following her when she goes out with friends to the club. Spouse stated that husband will call around looking for her and will come into the club and question people about her and her activities. Spouse reported that during husband's most recent TDY in January he called the house leaving approximately 20-30 messages on the answering machine demanding to know where she was and threatening "I'am going to hurt myselfi" Spouse stated that one evening in March she returned home to find husband hiding outside in the bushes with a baseball bat. Spouse stated that when she asked husband what he was doing he stated that he was waiting for her to come home and that he wanted to be ready in case she was with another man. Spouse stated that during this same time frame, March 2000, husband held her down on the floor by sitting on top of her, took her pants off, removed her panties, and inserted his fingers into her vagina to check if she had had sex. Spouse stated that she told her husband to "gtop', and that he replied "If you didn't have anything to hide, I wouldn't have to do this." Spouse stated that husband has had sex with her without her consent on two occasions, the last one in February 2000. Spouse stated that she told her husband "I don't want it" and that he proceeded to have sex with her anyway. Spouse stated that husband said, "You know you get into it. You are just trying to be hard." Upon leaving counselor's office, spouse returned with a written message that husband had left on her car while in the office. The message stated that "I know that you are in there. I waited for you in the lobby. Meet me over at the motor pool when you are finished." Contact with spouse was made again by phone the next day upon learning from command that spouse was being sent hack to the states the following morning without her children. Spouse spoke in a soft and hurried voice and appeared fearful that husband would over hear the conversation. Spouse stated that husband told her that she could not take the children if she were going to leave. Spouse stated that she did not tell CID what she had told case manager about the marital rape. When asked again if the sexual acts reported were non-consensual, spouse stated that they were but that she did not want to press charges against husband. During this conversation, husband could be heard in the background demanding to know who was on the phone and telling spouse to "get off the phone." 2. INTERVIEW WITH SERVICE MEMBER: Service member declined to participate in the clinical assessment, stating "I have nothing to say." If it wasn't for my wife I wouldn't even be here." 3. COLLATERAL INTER'VIEW: C. POWER AND CONTROL TACTICS USED: ISOLATION: Spouse stated that husband tries to keep her from making friends, always finding something wrong with everyone she meets. FINANCES: Spouse stated that husband controls all of the financial decisions and that she must ask husband's permission before using the ATM. Spouse stated that in the past husband has taken away her ATM card, all credit cards, and the keys to the mailbox. MALE PRIVILEGE: Nothing significant reported USE OF CHILDREN: Spouse stated that husband continually uses the children to control her. Spouse stated that husband informs the children that it is their mother that is breaking up the family. Spouse stated that husband has informed the children that "Mommy doesn't want to be a family anymore." Spouse stated that recently husband woke the children up in the middle of the night and told them to get down on the floor and pray for their mother because she does not want to be part of the family anymore. Spouse stated that husband has taken the children with [0im when he has gone out to follow her or find her. THREATS: Spouse stated that husband told her that if she is ever with anyone else that he will "lose it." ANGER/INTIMIDATION: Spouse reported that she has thrown objects in the home out of anger. EMOTIONAL/VERBAL: See text of CRC report. SEXUAL: See text of CRC report D. HISTORY OF ABUSE: There is no prior FAP case reported to the ACR. Spouse reported that in 1991 while stationed in Germany husband became angry after returning home from the club and finding the door to the quarters locked. Spouse stated that husband accused her of talking to a man on the phone and pulled a kitchen knife on her and held it against her throat. Spouse stated that she tried to move the knife from her throat and cut her hand, requiring 4-6 stitches. Spouse stated that the MPs were called by the neighbors and that she lied to them about the injury to her hand. Spouse stated that around the same time frame husband pulled a sawed off shotgun on her because he was angry about a phone call she had received. Spouse stated that husband held the unloaded weapon to her head and said, "I will kill you and kill me." Spouse stated that she never reported the incident. Spouse reported that husband has restrained her on numerous occasions throughout their marriage and has choked her one time. E. FAMILY HISTORY:' Spouse stated that she did not witness or experience any violence in the home while growing up F. OBSERVATIONS AND ASSESSMENT: Spouse appeared to believe that coming to FAP was necessary in order to begin an ERD request. Spouse stated that legal had advised her to come to FAP. The purpose of FAP was explained to spouse and she was asked if she was experiencing domestic violence in the home. Spouse appeared hesitant at first and then admitted that she felt that she was being emotionally abused. When asked if she had ever been physically abused spouse stated that she had not. The physical and sexual abuse came out only after spouse was describing an incident of what she considered to be emotional abuse. Spouse seemed genuinely unaware that the indecent assault and forced sex were in fact abusive behaviors. Time was required to explain to spouse that these behaviors were abusive and punishable under UCMJ. Spouse stated that she was afraid of husband and was worried what he would do when he finally realizes that she is serious about ending the marriage. Husband appeared very angry and hostile when appearing in the office and declined to participate in the assessment. G. RECOMMENDATIONS: 1. Service member be command directed to attend Marine Corps 16 Week Domestic. Violence Intervention Group. This may be scheduled through FAP treamaent. 2. Command be advised to provide regular in-home checks with family in order to ensure that children are being properly cared for and are provided a safe environment. 3. Service member be advised to allow children to participate in Children Who Wimess Domestic Violence Group. This may be scheduled tlxrough FAP treatment. HEALTH RECORD DATE CHRONOLOGICAL RECORD OF MEDICAL CARE SYMPTOMS, ~IAGNOSIS, TREATMENT, TREATING ORGANIZATION(Sign ~achentry) b. Case 00-0019; Case Opened 12 July 2000 (1) Discussion: Spouse reported that service member has been emotionally abusive over time, calling her names, commenting on her weight, and having extra-marital affairs. She further reported that service member indecently assaulted her in March and has engaged in sex without her consent on two occasions. SPouse has sulSsequently returned tO the U.S. and the couple's two daugh!ers, aged 7 and 10, remain in Okinawa with the service member. (3) Command Attendance: GPT Childs, 1/1 SFG, HSC and 1SG Meadows, 1/1 SFG, HSC. (4) Recommendations: All of the following recommendations are to be scheduled through Army FAP Treatment Counselor, Ms. Miyagi at 644-4743. Cb) Service member be command directed to consent to regular in-home inspection of living quarters to ensure proper care of daughters. (c) Service member be command directed to consent to have children participate in Children Who Witness Domestic Violence Intervention Group. MAINTAINED SEX RANK/O RADE HEALTH RECORD DATE [ CHRONOLOGICAL RECORD OF MEDICAL CARE SYMPTOMS, D'JAGNOSIS, TREATMENT, TREATING ORGANIZATION (Sign each entry) b. Case 00-0019; Case opened 12 July O0 (1) CRC Determination: Substantiated physical, emo~o~l, sexual spouse abuse, service member to wife; level IV treatment. (2) Summary: Wife reported that service member has been emotionally abusive over time, calling her names, commenting on her weight, and having extra-marital affairs. Wife further reported that service member indecently assaulted her in March, by digitally penetrating her in order to discover if she had been sexually active with another man. Wife reported that SM has had sex with her without consent on 2 occasions. Wife has subsequently returned to the states and the couples two daughters,ages 7 and 10, remain with the SM. 600-109 - - ..... Regular in-home visits have been conducted by service member's command and nothing conceding has been noted. This case has been reviewed by CRC chairperson per service member's written request and a second review has been denied based on the fact that service member does not fit the criteria for a second review and has been unable to produce any new evidence to dispute his wife's allegations. On 3 November, this office received a congressional inquiry concerning this case that is currently in the response process. The next review for this case is Feb 2001 or the case will be transferred. DOIqI~A PETERS- MIYAG!,--IvJ.E~', NCC, L FAMILY ADVOCACY COUNSELOR RECORDS MAINTAINED PATIENT'S NAM~ PRIVACY ACT STATEMENT - HEALTH CARE RECORDS THIS FORM I$ NOTA CONSENT FORM TO RELEASE OR USE HEALTH CARE INFORM.4TION PERTAINING TO YOU. 1. AUTHORITY FOR COLLECTION OF INFORMATION INCLUDING SOCIAL SECURITY NUMBER [SSAq Sections 133, 1071-87, 3012, 5031 and 8012, title 10, United States Code and Executive Order 9397. 2. PRINCIPAL PURPOSES FOR WHICH INFORMATION IS INTENDED TO BE USED This form provides you the advice required by The Privacy Act of 1974. The personal information will facilitate and document your health care. The Social Security Number (SSN) of member or sponsor is required to identify and retrieve health care records. 3. ROUTINE USES The primary use of this information is to provide, plan and coordinate health care. As prior to enactment of the Privacy Act, other possible uses are to: Aid in preventive health and communicable disease control programs and report medical conditions required by law to federal, state and local agencies; compile statistical data; conduct research; teach; determine suitability of persons for service or a~signments; adjudi- cate claims and determine benefits; other lawful purposes, including, law enforcement and litigation; con- duct authorized investigation~; evaluate care rendered; ~letermine professional certification and hospital accreditation; provide physical qualifications of patients to agencies of federal, state, or local govern- ment upon request in the pursuit of their official duties. WHETHER DISCLOSURE IS MANDATORY OR VDLUNTAR¥ AND EFFECT ON INDIVIDUAL OF NOT PROVIDING INFORMATION In the case of military personnel, the requested information is mandatory because of the need to document all active duty medical incidents in view of future rights and benefits. In the case of all other personnel/ beneficiaries, the requested information is voluntary. If the requested information is not furnished, compre- hensive health care may not be possible, but CARE WILL NOT BE DENIED. This all inclusive Privacy Act Statement will apply to all requests for personal information made by health care treatment personnel or for medical/dental treatment purposes and will become a permanent part of your health care record. Your signature merely acknowledges that you have been advised of the foregoing. If requested, a copy of this form will be furnished to you. SIGNATURE OF PATIENT OR SPOMSOR DD FORM 2005, FEB 76 SSN OF MEMBER OR SPONSOR DATE d b O0 ACKNOWLEDGEMENT OF RECEIPT OF FAMILY A~VOCACY (CRC) PROCEDURES SPONSOR: I ACKNOWLEDGE THAT I HAVE RECEIVED A COPY OF THE FAMILY ADVOCACY (CRC) PROCEDUP~Es FACT SHEET. SPOUSE: I ACKNOWLEDGE THAT I HAVE RECEIVED A COPY OF THE FAMILY ADVOCACY (CRc) PROCEDURES FACT SHEET. Signature Printed Na~e ? a'-'~,,.,,t..., o o Date PRIVACY ACT STATEMENT- HE'ALTR CARE RECORDS THIS FOP~4'I~ NOT A CONSENT FORM TO RELEASE OR USE HEALTH CARE INFORMATION PERTAINING TO YOU. 1. AOTHORITY FOR COLLECTION OF INFORMATION ~NCLUOING ~OCIAL SECHRITY NUMBER [S~N) Sections 1.23, 1071-87, 301Z S031 and 8012, title ~.0, United States Code and l~xecutive Order 9397, 2. PRINCIPAL PURPOSES FOR WHICH INFORMATION IS INTENDER TO BE USEO This form provides you the advice required by The Privacy Act of 1974. The personal information will facilitate and document your health care. The Social Security Number (SSN) of member or sponsor is required to identify and retrieve health care records. 3. ROUTINE USES The primary use of this information is to provide, plan and coordinate health care. As prior to enactment of the Priyacy Act, other possible uses are to: Aid in preventive health and communicable disease control programs and report medical conditions reo~uired by law to federal, state and local agencies; compile statistical data; conduct research; teach; determine suitability of persons for service ur assignments; adjudi-' cate claims end determine benefits; other lawful purposes, including inw enforcement and litigation con- duct authorized investigations; evaluate care rendered; determine professional certification and hospital accreditation; provide physical qualifications of patients to agencies of federal, state, er local govern- ment upon request in the pursuit of their official duties. 4. WHETHER DISCLOSURE IS MANDATORY OR VOLUNTARY AND EFFECT ON INDIVIDUAL O~ NOT PROVIDING ~NFDRMATIDN In the case of military personnel, the re~idested information is mandatory because of the need to document all active duty medical incidents in view of future rights and benefits. In the case of all other personnel/ beneficiaries, the requested information is voluntary. If the requested information is not furnished, compre- hensive health care may not be possible, but CARE WILL NOT BE DENIED. This ail inclusive Privacy Act Statement will apply to all requests, for personal information made by health care treatment personnel or for medical/dental treatment purposes and will become a permanent part of your health care record. Your signature merely acknowledges that you have been advised of the foregoing. If requested, a copy of this form will be furnished to you. SSN OF MEMBER OR SPONSOR PR EVIO~J$ EDITION IS OB$(ILETE. - Stand tall like a giraffe... Page 4 of 5 ~ive I~d a b~g smileeeeceece OK on..r ~ to ~il ~ ~ llf~ ~M'~t I~t ~ talk ~. Y~ al~ ~ ~ ~'t ~... ~t ~ ~. - Milton From:miltonfranklin@hotmail.com [As entered by WebSite user] Reply with a ~pk Yop card We al~o recommend: Kid's Game I Summer I H! pert of the ~©ite family "Stand tall like a giraffe..." by Ashley http://www7.bluemountain.com/cards/boxg225 593c4/thkhtc93 3 5tdch.html 6/22/2001 - Cool Kids Page 2 of 3 ...but T know you're the best! Love Dad misses his little ladies like Dad promised, you guys will be home soon. Love ya Dad - A4//toa From:miltonfranklin@hotrnail.com [As entered by WebSite user] http://www3.bluemountain.com/cards/~xc225575h6/githZjcp665cf6.html 6/23/2001 - A Special Kiss Page 1 of 2 Send a fmp eCard Reply to Milton To Britt & ,Tazz And one for you! Thank's for the sweet card daddy also misses & love his girls very much and I can't wait to see you guy's either. Just hang in therefor ten more day's Dad's promise to you guy's will come true. Love yal 'D,~D' - Milton From:miltonfranklin@hotmail.com [As entered by WebSite user] Reply with a Send a Kiss card ( Sendtl!i; ;ard to someone else We also recommend: Hi I Summer I Thank You Out of Sight Page 1 of 1 Send a free eCa~ l lueZ 'Mountain- Reply to Dad To Britt & Jazz You're outta my sight, and Fm outta my mind! Miss You Love y~ bed - Dad From:miltonfranklin@hotmail,com [As entered by WebSite user] Reply with a Thinking of You card , Send this card to someone else We also recommend: IMLss~ You~ ~ S_ummer J E~pres~ Ca~ Make~r Dlue; ,ountain'" '"Out of Sight" by David and Terri MIDI Music ~Devils Playg~oui~d composed, ~ . g.~.~ end programmed I>F 24-Hour Muzik Frequently Ask~e~d Questions Techptcal Support Feedbaqk Advertise on B!ue Mountain Press Releases Jobs@Excite Fxcv',~: Network Blue MountainArts Webs_hots Excite Ge[Broadband Web Acces~ Disclai _r~er Cop~dghtAgent http:llwww6.bluemountain,eom/cards/boxf225636h6/mi6jb2zkshw6cd.html 6/22/2001 - pigs.., just for you Page 1 of 2 Send a free eCard To 3'azz & Britt Reply to Dad just for you... Z sent these pigs to do a jig... have a great day! bi/daddies 9irl'~, dad call you .quy's back a few m/nutes after yell called last n/te but the//ne was busy and_r a/~o /eft a message on your mom's ce/phone. ~r don't know if yall.qat the massatde are not. ~Vell on)neay dad m/sses and love you ~0"$ very much and w/l~ see yo (SOON). /~emember dad's prom/se ok. Love yell Dad. - From:miltonfranklin~hotmaiLcom [As entered by WebSite user] Reply with a Thank You card I Send this card to someone else We also recommend: Have a Nice Day 1 4th of July I Hi "pigs... just for you" bttp://www] .bluemotmtaJn. com/cm'ds/boxa225085m3/e6gt~t298{~pr.htm! 6/27/2001 - An Angel Watching Over You Page 1 of 2 Send a free eCard Reply to DAD To Britt & 3' .z There is an angel watching over you Iii babies, Just a few lines to let you know that dad loves and misses you guy's. Britt &.jazz )7~u guy's know dad has' never tried lo keep yall from your mom and I never will so what ever yall think you s'een are heard will be cleared up on thursday ok. Just rememember like [all way's tell and teach you guy's' to tell the truth. Ipromise you guy's' dad's not worried at all because I let God handle all my troubles. 1 hate you guy's' are going though this. Just remember I love yall and I would like to here yall voices but mom said not to call her ....... house anymore. So when yall think about me call me. I love ya and cain't wait ro see on thursday. Love Dad p. s. Dad will call yall once mom cool's' qff From:miltonfranklin@hotmail.com [As entered by WebSite user] Reply wiih a Thank You card } Send this card i=O someone else We also recommend: Angels J Summer J Thinking of You http://www3,blucmount~n.¢om/¢ardslboxe225673w4/rga6u6jb65d9¢e.hunl 6/25/2001 LAW OFFICE OF DOUGLAS P. EARL, P. Co By: DOUGLAS P. EARL, ESQUIRE Attorney I.D. 55742 1015 Chestnut Street, Suite 902 Philadelphia, PA 19107 (215) 627-5970 Attorney for Plaintiff SYLVIA D. FRANKLIN SYLVIA D. FRANKLIN 7758 Larzelere Lane Wyncote, PA 19095 241-47-9023 VS. MILTON H. FIL42qKLIN P.S.C. 560 Box 722 APO, AP 96376 IN THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY, PENNSYLVANIA : FAMILY COURT DMSION : tJlll]tlllllglllllllll;rlgl [llllJllll[ltl[ll ll[llllllll[l[lll cx 2000-230, s:?o0 ~,~ ) Complaint for C usto~, Mc~tgoinery Cc~mVy t'~ othonot~ Wilham E Donnellv Thur~lay. November 16:, 2(/00 ~l 1:2I:01) AM CO~LA~T FOR PR~ARY ~STO~Y 1. Plaintiff-mother SYLVIA D. FRANKLIN resides at 7758 Larzelere Lane, Wyncote, PA19095. 2. Defendant-father MILTON H. FRANKLIN resides at P.S.C. 560, Box 722, APO, AP 96376. 4. Plaintiff seeks primary custody of the following children BRITTANY K. FRANKLIN IASMINE N. FRANKLIN PRESENT RESIDENCE P.S.C. 560, Box 722 AP96376 P.S.C. 560, Box 722 AP96376 AGE 10 yrs. Old fD.O.B. 1/18/9o) 7 yrs. Old (DOB. 4/12/93) The children were not bom out of wedlock to the Plaintiffand Defendant. During the past five years the children have resided at the following addresses: ALL PERSONS MILTON H. FRANKLIN ALL ADDRESSES P.S.C. 560, Box 722 AP 96376 DATES 7/15/00 to Present SYLVIA D. FRANKLIN MILTON H. FRANKLIN SYLVIA D. FRANKILN SYLVIA D, FRANKLIN MILTON H. FRANKLIN P.S.C 560, Box 722 AP 96376 810 Opal Court Fayetteville, N,C. 28311 810 Opal Court Fayetteville, N.C. 28311 4/97 to 7/15/00 8/96 to 1/97 6/92 to 8/96 5. The relationship of Plaintiff-mother to the child is that of mother. The Plaintiff-mother currently resides with the following persons: DEBBIE M. WILLIA/VIS CHARLES WILLIAMS, JR. RAYNER J. WILLIAMS RELATIONSHIP Sister Brother-in-Law Nephew 6. The relationship &Defendant MILTON H. FRANKLIN to the child is that of father. The Defendant currently resides with the following persons: ~ ~ELATIONSHIP BRITTANY K. FRANKLIN Daughter JASMINE N. FRANKLIN Daughter 7. Plaintiffdoes not know ora person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation fights with respect to the children who is not a party to this case. Plaintiff'has not participated as a party or witness, or in mother capacity, in other lit/gat/on concerning the custody of the children in this court. 9. The best interest and permanent welfare of the children would best be served by granting the Plaintiff-mother primary custody because I have been their primary caretaker their entire lives, and I provide better emotional support for them. I can provide a more stable, nurturing and loving environment for the children. Defendant-father is using the children in an effort for me to return to him. 10. Each parent whose parental rights to the child has not been terminated and the person DOUGLAS P. EARL, ESQUIRE 1015 Chestnut Street Suite 902 Philadelphia, PA 19107 Attorney I.D. No.: 54808 Attorney for PlaintS: SYLVIA D. FRANKLIN IN THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY, PENNSYLVANIA SYLVIA D. FRANKLIN IN CUSTODY VS. NO: MILTON H. FRANKI,1N NOTICE TO DEFEND~ND CLAIM RIGHTS YOU MILTON H. FRANKLIN, defendant have been sued in Court by SYLVIA D. FRANKLIN who seeks primary custody of BRITTANY K. FRANKLIN (D.O.B. 1/18/90), and IASMINE N. FRANKLIN (DOB 4/12/93). You will be ordered to appear in person at Montgomery County Fatuity Court. If you fail to appear as provided for by the Court, an order for custody, primary custody, partial custody or visitati,on may be entered against you or the Court may issue a warrant for your arrest. YOU SHOULD TAKE TEllS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. LAWYER REFERENCE SERVICE MONTGOMERY COUNTY BAR ASSOCIATION 409 CHERRY STREET NOR.RISTOWN, PA 19401 (610) 279-9660 IN THE COURT OF COMMON PLEAS OF MONTCK)MERY COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FAMILY COURT COVER SHEET SYLVIA D. FRANKLIN 7758 Larzelere Lane Wyncote, PA 19095. 241-47-9023 VS CASE NUMBERS (CP) (DR) DOUGLAS P, EARI~ ESOUIRE Attorney for Plaintiff MILTON H. FRANKLIN P.S.C. 560 ID#: 54808 Box 722 APO, AP 96376 Phone#: 215-627-5970 DOUGLAS P, EARL, ESQUIRE Attorney for Defendant ID#: 54808 Phone/t: 215-627-5970 AVERMENT OF CONSOLIDATION On the spaces below, please identify all companion case numbers associated with this case that relate to: 1. Divorce/Annulment 2. Support 3, Equitable Distribution 4. Paternity 5. Custody/Visitation/Habeas Corpus 6, Special Relief 7. Abuse I certify that the information provided above is comprehensive and complete to the best of my knowledge, and that I have formally emered my appearance for the case above. ' DOU AS v. EAP. L, ES0umE MILTON H. FRANKLIN, VS. SYLVIA D. FRANKLIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-889 : : CIVIL ACTION - LAW Defendant : CUSTODY TEMPORARY ORDER OF COURT AND NOW, this [ [ ~[~ day of April, 2001, in appearing the parties are in need of a hearing, it is hereby ordered and directed as follows: 1. The parties shall submit themselves and their minor Children to an evaluation. Counsel shall reach an agreement with regard to who the custody evaluator will be. This shall be an independent custody evaluation. The parties shall sign all necessary releases and authorizations for the evaluator to obtain medical and psychological information pertaining to the parties. The cost of this evaluation shall be shared equally by the parties. 2. A hearing is scheduled in Co, u~troom No. / of the Cumberland County Courthouse on the /~'-/~ day of ~ ,2001, at ¢'.,~ o'clock ¢z.,.m., at which time testimony will be taken. For the p(:d'poses of the hearing, the Father, Milton H. Franklin, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party 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 ten days prior to the hearing date. 3. Legal Custody. Pending further Order of this Court or an agreement of the parties, the Father, Milton H. Franklin, and the Mother, Sylvia D. Franklin, shall have shared legal custody of their minor Children, Brittany K. Franklin, born January 18, 1990, and Jasmine N. Franklin, born April 12, 1993. 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 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 of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. No. 01-889 4. Physical Custody. Mother shall have custody from March 30, 2001, through April 1,2001, at 9:00 a.m., and shall provide transportation incident to that custodial period. Mother shall have custody three of four weekends per month from Friday at 8:00 p.m. until Sunday at 3:30 p.m. Father's custodial weekends for April and May shall be as follows: April 6, 2001, through April 8, 2001; April 21, 2001, through April 23, 2001; May 4, 2001, through May 6, 2001. Mother shall have physical custody for the Children's Easter break from school, April 12, 2001, through April 16, 2001. Father shall have physical custody for Memorial Day weekend, May 25, 2001, through May 28, 2001. 5. The parties shall share transportation incident to their periods of custody with the party assuming physical custody of the Children providing transportation, unless otherwise agreed. 6. The parties shall decide on how to arrange the summer custody schedule by April 23, 2001. In the event that the parties are unable to resolve this on or before that date, either party may, through counsel, request an additional Custody Conference to resolve the summer custody arrangement. Dist: BY THE COURT Kenneth F. Lewis, Esquire. 1101 N. Front Street, Harrisburg, PA 17102 Thomas S, Diehl, Esquire, PO Box 1290, Carlisle, PA 17013 MILTON H. FRANKLIN, VS. SYLVIA D, FRANKLIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-889 : : CIVIL ACTION - LAW Defendant : 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 CURRENTLYIN CUSTODY OF Brittany K. Franklin Jasmine N. Franklin January 18, 1990 April 12, 1993 Father Father 2. A Custody Conciliation Conference was held on March 26, 2001, with the following individuals in attendance: the Father, Milton H. Franklin, and his counsel, Kenneth F. Lewis, Esquire; the Mother, Sylvia D. Franklin. Mother's counsel, Thomas S. DieM, Esquire, participated for most of the Conference by telephone. 3. The parties reached an agreement only as to a temporary Order pending a custody evaluation and hearing. 4. Father's position on custody is that he should have primary physical custody of the Children. Father presently resides on the base at the New Cumberland Army Depot. The Children are attending school in the West Shore School District. Father states that Mother left the marriage in July 2000, and that the parties agreed that the Children would remain in his care at that time. Since the parties' separation, Father states that Mother has seen the girls only twice. Father's tour of duty in Japan ended at the end of December 2000. Subsequently, Father returned to the United States and was stationed in New Cumberland. 5. Mother's position on custody is as follows: Mother states that the parties had a written agreement which was produced by Father's counsel at the Conference indicating that the two Children would reside with Father in Japan until November 15, 2000. The agreement further states that Father would return the Children to live with their Mother no later than November 28, 2000, "until further custody matters are settled." When Father returned to the United States and refused to turn the Children over in accordance with their agreement, Mother filed a custody action in Montgomery County where she was then residing. However, No. 01-889 that custody action was dismissed for lack of jurisdiction. Father then filed the instant matter on February 14, 2001. Mother states that Father refuses to provide transportation to bring the Children to see her and at times will not let her have periods of overnight custody with the girls because of his complaints regarding her sister. Mother also wants primary physical custody of the girls. 6. The parties agreed to participate in a custody evaluation, with counsel to agree on who will be the evaluator. Additionally, this matter shall be scheduled for a hearing before the Court. It is not expected that the hearing will require more than a full day of testimony. Melissa Peel Greevy, Esquire Custody Conciliator MILTON H. FRANKLIN, : Plaintiff : : v. : : SYLVIA D. FRANKLIN, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-889 Civil Term CUSTODY JOINT NOTION FOR CONTINUANCE TO: THE HONORABLE J. WESLEY OLER, JR. 11, 2001 obtain a matter. AND NOW, this 1st day of June, 2001, comes the Plaintiff, by his attorney, Kenneth F. Lewis, who files this Motion for Continuance and avers as follows: 1. This custody case is scheduled for June 13, 2001 at 9:30 a.m. before the Honorable J. Wesley Oler, Jr. 2. Pursuant to the Temporary Order of Court dated April (and upon agreement of the parties), the parties were to custody evaluator to assist the Court in resolving this 3. The parties have chosen Dr. Stan Schneider to perform the evaluation, but he will not be able to complete the evaluation until late summer (he is out of the country the month of June). 4. Thomas Diehl, Mother/Defendant's attorney also requests a continuance for the above reason. WHEREFORE, the parties request the June 13, 2001 hearing be continued until such time as an evaluation may be completed. DATE: 6/1/01 Respectfully submitted, K LEWIS, ESQUIRE I.D. #69383 Attorney for Plaintiff 1101 N. Front St. Harrisburg, PA 17102 (717) 234-3136 VERIFICATION I hereby 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 unsworn falsification to authorities. Dated: 6/1/01 K LEWIS, ESQ. Counsel for Plaintiff CERTIFICATE OF SERVICE I certify I have served a true and correct copy of the within Motion upon attorney for Defendant by mailing same by U.S. Mail, postage prepaid at Harrisburg, Pennsylvania addressed to: Thomas S. Diehl, Esq. P.O. Box 1290 Carlisle, PA 17013 KE~ETF~.'LEWIS, Dated: 6/1/01 ESQUIRE MILTON H. FRANKLIN, Plaintiff SYLVIA D. FRANKLIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-889 Civil Term CUSTODY ORDER AND NOW, this ~ ~ day of June, 2001, upon request of both parties to continue this matter until a psychological evaluation has been completed, it is hereby ORDERED that the hearing scheduled for June 13, 2001 is continued. The parties' counsel shall contact the Court when they know when the evaluation will be completed so that the hearing may be rescheduled. DISTRIBUTION: Kenneth F. Lewis, Esq., Thomas S. Diehl, Esq., BY THE COURT: 1101 N. Front St., P.O. Box 1290, Carlisle, PA Hbg. , PA 17102 17013 MILTON H. FRANKLIN,: Plaintiff SYLVIA D. FRANKLIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-0889 CIVIL TERM ORDER OF COURT AND NOW, this 14th day of June, 2001, upon consideration of Plaintiff's Emergency Petition for Contempt and for Return of Children, a hearing is scheduled for Thursday, June 28, 2001, at 3:15 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. IT IS FURTHER DIRECTED that the children referenced in the attached petition are required to be present at the above-scheduled hearing. Kenneth F. Lewis, Esq. 1101 N. Front Street Harrisburg, PA 17102 Attorney for Plaintiff Thomas S. Diehl, Esq. 1 West High Street Suite 208 Carlisle, PA 17013 Attorney for Defendant BY THE COURT, J '~e s 1 e~v O~1 er,~~~.)~ :rc KENNETH F. LEWIS, ESQUIRE I.D. ~69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff MILTON H. FRANKLIN, Plaintiff V. SYLVIA D. FRANKLIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-889 Civil Term CUSTODY F~EHGENC¥ PETITION FOR CONTEMPT ~ FOR RETURN OF CHILDREN TO: THE HONORABLE J. WESLEY OLER, JR.: AND NOW, this 14th day of June, comes the Plaintiff, Milton H. Franklin, by and through his attorney, Kenneth F. Lewis, averring as follows: 1. The parties are the natural parents of two children, BRITTANY K. FRANKLIN, born January 18, 1990 and JASMINE N. FRANKLIN, born April 12, 1993. The children have resided with Father since the parties separated in July of 2000. Mother resides in the Philadelphia area. Father resides in Cumberland County. 2. Following a custody conciliation conference, a custody Order was entered with the children continuing to reside primarily with Father in Cumberland County (copy of April 11, 2001 Order signed by the Honorable J. Wesley Oler, Jr. is attached hereto). 3. The April 11, 2001 Order gave Mother specified weekend periods of physical custody, with the children remaining with Father during the weekdays. 4. The case was scheduled for Court on June 13, 2001, but the parties obtained a continuance because Mother never followed through with the custody evaluation process. 5. Mother requested additional time with the children from Sunday, June 10, 2001 until Wednesday morning, June 13, 2001, at which time she would return them to Father. Father agreed to this request. 6. On the evening of June 12, 2001, Father received a frantic call from one of the children stating Mother would not be returning them. Mother then got on the telephone and confirmed she would not return the children and, instead, would be keeping them for the summer. Since the telephone conversation referred to above in Plaintiff's numerous telephone messages have gone paragraph #6, unreturned. 8. Father's counsel telephoned Mother's counsel the morning of June 13, 2001 in an attempt to get Mother to return the children. Mother's counsel advised that he was unable to convince Mother to return the children. WHEREFORE, Plaintiff respectfully requests the following interim and final relief: Interim Relief: a) That Plaintiff/Father be given full legal and physical custody of the subject children and that Defendant's rights thereto be terminated until further Order of Court; b) That Defendant/Mother be permitted supervised visits in Cumberland County with an appropriate Cumberland County agency; c) That this Court Order any police representatives to take custody of the subject children and transfer them to Plaintiff; d) Any further relief this Court deems just. Final Relief after Hearinq: a) That Defendant be failure to abide by the April 11, b) That Plaintiff be held in contempt of Court for 2001 Custody Order; given sole legal and physical custody of the subject child, subject to supervised visitation with Defendant; c) fees for this That Defendant reimburse Plaintiff for the filing Petition and for legal expenses incurred regarding this Petition; and d) For any further relief this Court deems just. DATED: 6/14/2001 Respectfully submitted, K . LEWIS Attorney for Plaintiff 1101 N. Front St. Harrisburg, PA 17102 (717) 234-3136 VERIFICATION I hereby 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 unsworn falsification to authorities. Dated: 8/13/2001 MILTON H. FRANKLIN CERTIFICATE OF SERVICE I hereby certify that I have served or caused to be served a true and correct copy of the within Petition to attorney for Defendant by mailing same by U.S. Mail, postage prepaid at Harrisburg, Pennsylvania addressed to: Thomas S. Diehl, Esq. P.O. Box 1290 Carlisle, PA 17013 Dated: 8114/2001 KE LEWIS, ESQUIRE Attorney for Plaintiff MILTON H. FRANKLIN, VS. SYLVIA D. FRANKLIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-889 : : CIVIL ACTION - LAW Defendant : CUSTODY TEMPORARy ORDER OF COURT AND NOW, this )} ~:~ day of April, 2001, in appearing the parties are in need of a hearing, it is hereby ordered and directed as follows: 1. The parties shall submit themselves and their minor Children to an evaluation. Counsel shall reach an agreement with regard to who the custody evaluator will be. This shall be an independent custody evaluation. The parties shall sign all necessary releases and authorizations for the evaluator to obtain medical and psychological information pertaining to the parties. The ~ost of this evaluation ~,hall be shared equally by the parties, 2. A hearing is scheduled in Courtroom No. J of the Cumberland County Courthouse on the J. ;J ~-~ day of ~-LL~_ ,2001, at ?:30 o'clock. ,~.m., at which time testimony will be taken. For the purposes of the hearing, the Father, Milton H. Franklin, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party 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 ten days prior to the hearing date. 3. Legal Custody. Pending further Order of this Court or an agreement of the parties, the Father, Milton H. Franklin, and the Mother, Sylvia D. Franklin, shall have shared legal custody of their minor Children, Brittany K. Franklin, born January 18, 1990, and Jasmine N. Franklin, born April 12, 1993. 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 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 of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. No. 01-889 4. Physical Custody, Mother shall have custody from March 30, 2001, through April 1, 2001, at 9:00 a.m., and shall provide transportation incident to that custodial period. Mother shall have custody three of four weekends per month from Friday at 8:00 p.m. until Sunday at 3:30 p.m. Father's custodial weekends for April and May shall be as follows: April 6, 2001, through April 8, 2001; April 21, 2001, through April 23, 2001; May 4, 2001, through May 6, 2001. Mother shell have physical oustody for the Children's Easter break from school, April 12, 2001, through April 16, 2001. Father shall have physical custody for Memorial Day weekend, May 25, 2001, through May 28, 2001. 5. The parties shall share transportation incident to their periods of custody with the party assuming physical custody of the Children providing transportation, unless otherwise agreed. 6. The parties shall decide on how to arrange the summer custody schedule by April 23, 2001. In the event that the parties are unable to resolve this on or before that date, either party may, through counsel, request an additional Custody Conference to resolve the summer custody arrangement. BY THE COURT, / Dist: Kenneth F. Lewis, Esquire, 1101 N. Front Street, Harrisburg, PA 17102 Thomas S. Diehl, Esquire, PO Box 1290, Carlisle, PA 17013 TRUE COPY FROM RECORD ill T~ti,(llOm/wherepl~, I here unto sel my hancl alid ~1 of ~ C~d at C~rl~, MILTON H. FRANKLIN, VS. SYLVIA D. FRANKLIN, Plaintiff Defendant AUG 0 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-889 CIVIL ACTION - LAW CUSTODY ORDER OFCOURT Oler, J.- AND NOW, this ~ ) ~ day of August, 2001, upon consideration of the attached Custody Conciliation Summary Report and it appearing that the parties are in need of a hearing, it is hereby ordered and directed as follows: 1. Legal Custody, The parties, Milton H. Franklin and Sylvia D. Franklin, shall have shared legal custody of the minor Children, Brittany K. Franklin, born January 18, 1990, and Jasmine N. Franklin, born April 12, 1993. 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 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 Child and of the other parent. Each parent shall be equally entitled to receive educational information from the Children's school including, but not limited to, report cards, educational records and teacher conference information. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. Physical custody shall continue on a week-on/week-off basis for the remainder of the summer 200t. Exchange day shall be Thursdays. 3. A hearing is scheduled in Courtroom Number I of the Cumberland County Courthouse, on the 13th day of August, 2001, at 9:30 a.m., at which time testimony will be taken. For the purposes of the hearing, Father 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 by August 9, 2001. No. 01-889 BY THE COURT, Dist: Thomas S. Diehl, Esquire, PO Box 1290, Carlisle, PA 17013 \ Kenneth F. Lewis, Esquire, 1101 N. Front Street, Harrisburg, PA 17102/ ~ ,P.o.a-ol MILTON H. FRANKLIN, VS, SYLVIA D. FRANKLIN, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF L~ CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-889 CIVIL ACTION - LAW 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 Brittany K. Franklin Jasmine N. Franklin January 18, 1990 April 12, 1993 Father Father 2. A Custody Conciliation Conference was held on July 31, 2001, with the following individuals in attendance: the Father, Milton H. Franklin, and his counsel, Kenneth F. Lewis, Esquire; the Mother, Sylvia D. Franklin, and her counsel, Thomas Diehl, Esquire. 3. The parties were not able to reach an agreement as to the primary custodial parent. Therefore, a hearing has been scheduled for Judge Oler for August 13, 2001, at 9:30 a.m, 4. Mother's position on custody is that she has been the primary caregiver of these Children since birth and that because of her husband's duties in the military he was frequently absent and therefore less of a participant in the care and upbringing of the Children. Mother is presently employed with Budget Rent-A-Car on the 3:00 to 11:00 shift and is off on Wednesdays and Thursdays. However, effective September 8, 2001, she will be changing to the 7:30 a.m. to 3:30 p.m, shift, which she states would be more conducive to her being the primary caregiver if the Children were moved into her care. Mother is uncertain whether she will have days off on the weekends when her shift changes in September. Of great concern to Mother is Father's failure to abide by an agreement which the parties executed on July 14, 2000. The agreement provides that during separation the Children would reside with Mother after her return to the United States but no later than November 28, 2000, pending the resolution of their custody plan. 5. Father contends that he has been involved with the Children throughout their lives and has done everything that Mother has done with regard to their care. He reports that the Children are doing well in school and attending the West Shore School District. No. 01-889 Father is reluctant to make a school change at this time. Father reports that he is presently working approximately five hours per day from 9:00 a.m. until 2:00 p.m. Monday through Friday as a Brigade Maintenance non-commissioned officer with an Army Reserve Unit. His assignment here continues until he is eligible for retirement in two years. 6. The parties agreed that pending further Order of Court, the summer schedule for the remainder of summer 2001 would continue on a week-on/week-off basis. The exchange date is Thursday. Date eevy, 'Esquire Custody Conciliator MILTON H. FRANKLiN Plaintiff SYLVIA D. FRANKLiN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-889 CIVIL ACTION-LAW CUSTODY PETITION OF COUNSEL FOR LEAVE TO WITHDRAW Thomas S. Diehl, Esquire, hereby respectfully petitions this Honorable Court for Leave to Withdraw as Counsel for the Defendant, Sylvia D. Franklin, and in support thereof, avers as follows: 1. 2. 3. Petitioner is Thomas S. Diehl, Esquire. Respondent is Sylvia D. Franklin. Petitioner was retained by the Respondent on or about February 26, 2001 to represent her relative to a custody matter. 4. A Custody Trial has been scheduled for August 13, 2001 before the Honorable Judge J. Wesley Oler, Jr. 5. Petitioner has requested additional attorney's fees from Respondent, and Respondent has indicated to Petitioner that she intends to pursue this matterpro se. 6. Petitioner's continued representation of the Respondent without compensation would result in an unreasonable financial burden to the Petitioner. WHEREFORE, the Petitioner, Thomas S. Diehl, Esquire, respectfully requests this Honorable Court to issue a Rule upon the Respondent to show cause, if any, why the Petitioner should not be granted leave to withdraw as counsel. One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 I.D. Number: 78942 VERIFICATION I verify that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4909 relating to unsworn falsification to authorities. MILTON H. FRANKLIN Plaintiff SYLVIA D. FRANKLIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-889 CIVIL ACTION-LAW CUSTODY PETITION OF COUNSEL FOR LEAVE TO WITHDRAW Thomas S, Diehl, Esquire, hereby respectfully petitions this Honorable Court for Leave to Withdraw as Counsel for the Defendant, Sylvia D. Franklin, and in support thereof, avers as follows: 1. 2. 3. Petitioner is Thomas S. Diehl, Esquire. Respondent is Sylvia D. Franklin. Petitioner was retained by the Respondent on or about February 26, 2001 to represent her relative to a custody matter. 4. A Custody Trial has been scheduled for August 13, 2001 before the Honorable Judge J. Wesley Oler, Jr. 5. Petitioner has requested additional attorney's fees from Respondent, and Respondent has indicated to Petitioner that she intends to pursue this matter pro se, 6. Petitioner's continued representation of the Respondent without compensation would result in an unreasonable financial burden to the Petitioner. WHEREFORE, the Petitioner. Thomas S. Diehl, Esquire, respectfully requests this Honorable Court to issue a Rule upon the Respondent to show cause, if any, why the Petitioner should not be granted leave to withdraw as counsel. Date: Respectf~,. Tl:Fomas-S. Die-ifF, Esquire One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 I.D. Number: 78942 VERIFICATION I veri~ that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4909 relating to unswom falsification to authorities. MILTON H. FRANKLIN Plaintiff SYLVIA D. FRANKLIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01~889 CIVIL ACTION-LAW CUSTODY PETITION OF COUNSEL FOR LEAVE TO WITHDRAW Thomas S. Diehl, Esquire, hereby respectfully petitions this Honorable Court for Leave to Withdraw as Counsel for the Defendant, Sylvia D. Franklin, and in support thereof, avers as follows: 1. 2. 3. Petitioner is Thomas S. Diehl, Esquire. Respondent is Sylvia D. Franklin. Petitioner was retained by the Respondent on or about February 26, 2001 to represent her relative to a custody matter. 4. A Custody Trial has been scheduled for August 13, 2001 before the Honorable Judge J. Wesley Oler, Jr. 5. Petitioner has requested additional attorney's fees from Respondent, and Respondent has indicated to Petitioner that she intends to pursue this matterpro se. 6. Petitioner's continued representation of the Respondent without compensation would result in an unreasonable financial burden to the Petitioner. WHEREFORE, the Petitioner, Thomas S. Diehl, Esquire, respectfully requests this Honorable Court to issue a Rule upon the Respondent to show cause, if any, why the Petitioner should not be granted leave to withdraw as counsel. Respectf~, Th-'6 m as"S. Die"'hT, E sq fix r e One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 I.D. Number: 78942 VERIFICATION I verify that the statements made in the foregoing Petition are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4909 relating to unswom falsification to authorities. MILTON H. FR3iNKLIN, : Plaintiff : SYLVIA D. FR.g2q'KLIN, : Defendant : No. ORDER OF CUMBERLAND COUNTY, CIVIL ACTION - LAW IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA AND NOW, this 28th day of June, 2001, upon consideration of the Plaintiff's Emergency Petition for Contempt and for Return of Children, and following a hearing at which counsel indicated they request the Court to determine a summer schedule for custody with respect to the parties' children, Brittany K. Franklin and Jasmine N. Franklin, as well as to rule upon the issue of contempt, and it appearing to the Court that neither party requested a conciliation conference prior to April 23, 2001, for the purpose of establishing a summer custody schedule, it is ordered and directed as follows: 1. Pursuant to the request of counsel that a summer schedule be adopted, it is ordered and directed that physical custody of the said children shall alternate on a weekly basis between the parties until the commencement of the school year, with the father to have the first week of custody henceforth. 3. conciliator for the purpose of The petition for contempt is denied. This matter is referred to the custody establishing a more 01-889 CIVIL TERM COURT permanent schedule. It is noted that it is the Court's understanding that Dr. Stanley Schneider is performing a custody evaluation in this case. 4. The court facilitate the scheduling of conference in this case. Kenneth F. Lewis, Esquire For the Plaintiff Thomas S. Diehl, Esquire For the Defendant Court Administrator administrator is requested to a custody conciliation By the Court, wcy MILTON H. FRA/qKLIN, Plaintiff SYLVIA D. FP~ANKLIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-889 CIVIL TERM ORDER OF COURT AND NOW, this 13th day of August, 2001, upon consideration of Plaintiff's custody complaint with respect to the parties' children, Brittany K. Franklin (D,O.B. January 18, 1990) and Jasmine N. Franklin (D.O.B. April 12, 1993), and following a hearing held on this date, the record is declared closed and the matter is taken under advisement. Kenneth F. Lewis, Esquire 1101 North Front Street Harrisburg, PA 17102 For the Plaintiff Sylvia D. Franklin Fair Oaks Apts 228 Eastern Road, Al04 Horsham, PA 19044 Defendant, Pro Se pcb By the Court, J~ esl y ~ . . MILTON H. FR3%NKLIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW SYLVIA D. FRAI~KLIN, : Defendant : NO. 01-889 CIVIL TERM ORDER OF COURT AND NOW, this 13th day of August, 2001, upon consideration of the motion to withdraw by Defendant's counsel, Thomas S. Diehl, Esquire, and with the agreement of the Defendant, Attorney Diehl is excused from further representation of the Defendant in this matter. Kenneth F. Lewis, Esquire 1101 North Front Street Harrisburg, PA 17102 For the Plaintiff Sylvia D. Franklin Fair Oaks Apts 228 Eastern Road, A104 Horsham, PA 19044 Defendant, Pro Se By the Court, J~,Wesley ~g~r, Ji~. , Thomas S. Diehl, Esquire 1 West High Street, STE 208 Carlisle, PA 17013 pcb MILTON H. FRANKLIN PLAINTIFF V. SYLVIA D. FRANKLIN DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-889 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, July 18, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on Tuesday, July 31, 2001 at 1:00 p.m. 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: Is~ Melissa P. Greevy. Esq.~r~/ Custody Conciliator The Court of Common Piea~ 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 disabled4ndividuals having business before the court, please contact our office. All arrangements must be made at least 72 hou,rs prior to any hearing or business before the court. You must attend the scheduled conference or hearing. ' ~ ' ~ ' YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT oNcE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (7 l 7) 249-3166 MILTON H. FRANKLIN, Plaintiff SYLVIA D. FRANKLIN, Defendant BJqD NOW, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - IJ%W this 28th day of June, 2001, upon oonmideration of fha Plmintiff'A Emergenoy Petition for Contempt and for Return of Children, and following a hearing at which counsel indicated they request the Court to determine a summer schedule for custody with respect to the parties' children, Brittany K. Franklin and Jasmine N. Franklin, as well as to rule upon the issue of contempt, and it appearing to the Court that neither party requested a conciliation conference prior to April 23, 2001, purpose of establishing a summer custody schedule, ordered and directed as follows: 1. Pursuant to the request of counsel that a summer schedule be adopted, it is ordered and directed that physical custody of the said children shall alternate on a weekly basis between the parties until the commencement of the school year, with the father to have the first week of 2. 3. conciliator for the purpose of custody henceforth. The petition for contempt is denied. This matter is referred to the custody establishing a more for the it is ORDER OF COURT No. 01-889 CIVIL TERM permanent schedule. understanding that custody evaluation in this case. It is noted that it is the Court's Dr. Stanley Schneider ia psrformin~ a facilitate conference in this case. 4. The court administrator is requested to the scheduling of a custody conciliation Kenneth Fo Lewis, Esquire For the Plaintiff Thoma~ S. Diehl, ~quire For the Defendant Court Administrator wcy By the Court, tRUE COPY FROM RECORD In Testimony whereof, I here unto set my har~ a~d the t?l of sam C~IA:'I ~ Cld~, ~. KENNETH F. LEWIS, ESQUIRE I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff MILTON H. FRANKLIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-889 civil Term SYLVIA D. FRANKLIN, : Defendant : CUSTODY EMERGENCY PETITION FOR CONTEMPT AND FOR R__ETURN OF CHILDREN TO: THE HONORABLE J. WESLEY OLER, JR.: Milton H. averring as 1. BRITTANY FRANKLIN, AND NOW, Franklin, born this 14th day of June, comes the Plaintiff, by and through his attorney, Kenneth F. Lewis, follows: The parties are tbs natural parents of two children, FRANKLIN, born January 18, 1990 and JASMINE N. April 12, 1993. The children have resided with Father since the parties separated in July of 2000. Mother resides in the Philadelphia area. Father resides in Cumberland County. 2. Following a custody conciliation conference, a custody Order was entered with the children continuing to reside primarily with Father in Cumberland County (copy of April 11, 2001 Order signed by the Honorable J. Wesley Oler, Jr. is attached hereto). 3. The April 11, 2001 Order gave Mother weekend periods of physical custody, with the children with Father during the weekdays. specified remainin~ 4. The case was scheduled for Court on June 13, 2001, but the parties obtained a continuance because Mother never followed through with the ~u.tody evaluation process. 5. Mother requested additional time with the children from Sunday, June 10, 2001 until Wednesday morning, June 13, 2001, at which time she would return them to Father. Father agreed to this request. 6. On the evening of June frantic call from one of the children 12, 2001, Father received a stating Mother would not be returning them. Mother then got on the telephone and confirmed she would not return the children and, instead, would be keeping them for the summer. 7. Since the telephone conversation referred to above in paragraph #6, Plaintiff's numerou~ telephone message~ have gone unreturned. 8. Father's counsel telephoned Mother's counsel the morning of June 13, 2001 in an attempt to get Mother to return the children. Mother's counsel advised that he was unable to convince Mother to return the children. WHEREFORE, Plaintiff respectfully requests the following interim and final relief: Interim Relief: a) That Plaintiff/Father be given full legal and physical custody of the subject children and that Defendant's rights thereto be terminated until further Order of Court; b) That Defendant/Mother be permitted aupervleed vieite in Cumberland County with an appropriate Cumberland County agency; c} That this Court Order any police representatives to take custody of the subject children and transfer them to Plaintiff; d) Any further relief this Court deems just. Final Relief after Hearinq: a) That Defendant be held in contempt of Court for failure to abide by the April 11, 2001 Custody Order; b) That Plaintiff be given sole legal and physical custody of the subject child, subject to supervised visitation with Defendant; fees for this That Defendant reimburse Plaintiff for the flling Petition and for legal expenses incurred regarding this Petition; and d) For any further DATED: 6/14/2001 relief this Court deems just. Respectfully submitted, ~ LEWIS Attorney for Plaintiff 1101 N. Front St. Harrisburg, PA 17102 (717) 234-3136 yERIFICATION I hereby 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 unsworn falsification to authorities. Dated: ~/13/2001 CERTIFICATE OF ~ERVICE I hereby certify that I have served or caused to be served a true and correct copy of the within Petition to attorney for Defendant by mailing same by U.S. Mail, postage prepaid at Harrisburg, Pennsylvania addressed to: Thomas S. Dishl, Esq. P.O. Box 1290 Carlisle, PA 17013 Dated: 6/14/2001 KEN~ET}~ F. LEWIS, ESQUIRE Attorney fo~ ~l#lnttf£ MILTON H. FRANKLIN, Plaintiff V. SYLVIA D. FRANKLIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-0889 CIVIL TERM ORDER OF COURT AND NOW, this 14m day of August, 2001, upon consideration of Plaintiff's custody complaint with respect to the parties' children, Brittany K. Franklin (d.o.b. January 18, 1990) and Jasmine N. Franklin (d.o,b. April 12, 1993), and following a hearing held on August 13, 2001, it is ordered and directed as follows: 1. Legal custody of the children shall be shared by the parties. 2. Primary physical custody of the children shall be in Plaintiff (the father). 3. Temporary or partial physical custody of the children shall be in Defendant (the mother) at the following times: a. During the school year (1) On alternating weekends, from Friday at 7:00 p.m. until Sunday at 7:00 p.m.; provided, that where such weekend is followed by a Monday which is a federal holiday, the period of temporary or partial physical custody shall extend to 7:00 p.m. on Monday. (2) From Thanksgiving Day at 3:00 p.m. tmtil the following Sunday at 7:00 p.m. b. During the summer, for four consecutive weeks at the beginning of the stnnmer and for four consecutive weeks at the end of the summer. 4. Notwithstanding the foregoing, Plaintiff(the father) shall have custody of the children until 3:00 p.m. on Christmas Day, and Defendant (the mother) shall have custody of the children from 3.'00 p.m. on Christmas Day until December 30 at 7:00 p.m. 5. Exchanges of custody shall take place at the McDonald's Restaurant at the Morgantown Interchange of the Pennsylvania Turnpike. 6. Nothing herein is intended to preclude the parties from deviating from the terms of this order by mutual agreement. 7. All prior custody orders are vacated. Kenneth F. Lewis, Esq. 1101 N. Front Street Harrisburg, PA 17102 Attorney for Plaintiff Sylvia D. Franklin 7758 Larzelere Lane Wyncote, PA 19095 Defendant, Pro Se :rc BY THE COURT, MILTON H. FRANKLIN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : v. : NO. 01-889 civil Term : : DIVORCE SYLVIA D. FRANKLIN, Defendant SETT~F~ENT A~REF~ENT THIS AGREEMENT, is made this 5th day of September , 2003, by and between Milton H. Franklin ("Husband") and Sylvia D. Franklin ("Wife") . # 'r T N E S S E T H: WHEREAS, the parties, currently Husband and Wife, will be obtaining a decree in divorce; and WHEREAS, by this Agreement, the parties have intended to effectuate and equitably divide their marital property and marital debts; and WHEREAS, diverse unhappy differences and difficulties have arisen between the parties and it is their intention to live separate and apart for the rest of their lives and to settle any claims by one against the other or against their estates. NOW THEREFORE, with the foregoing recitals being incorporated by reference and deemed as an essential part hereof and in consideration of the premises and of the mutual promises set forth herein and for other good and valuable consideration, receipt of which is hereby acknowledged, the parties, each intending to be legally bound hereby, covenant and agree as follows: 1. EFFECT OF DIVORCE DECREE. The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a Final Decree in Divorce may be entered with respect to the parties. This Agreement shall be incorporated, but not merged into the final decree in divorce. 2. FINANCIAL DISCLOSURE. The parties confirm each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to executing this Agreement. No representations have been made by either party to the other, or by anyone else, as to the financial status of the other except as set forth in this Agreement. 3. ADVICE OF COUNSEL. Husband has been advised regarding this Agreement by his attorney, Kenneth F. Lewis. Attorney Lewis has advised Wife that it is in her best interest to retain counsel to review this agreement. Wife has been advised regarding this agreement by counsel or has chosen not to seek such advise. Both parties acknowledge this Agreement is, under the circumstances, fair and equitable and that it is being entered into freely and voluntarily, after having received independent legal advice, or choosing not to do so. The parties acknowledge this Agreement is not the result of duress or undue influence and is not the result of any collusion or improper or illegal agreement(s). 4. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS. The parties understand each has the right to obtain from the other party a complete inventory of all the property either or both parties now own or owned as of the date of separation, and that each has the right to have such property valued by appraisals or otherwise. The parties understand they have the right to have a Court hold hearings and make decisions on the matters covered by this Agreement. Both parties understand a Court's decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Both parties waive the following procedural rights: a. The right to obtain an Inventory and Appraisement of all marital and separate property as defined by the Pennsylvania Divorce Code. Statement of Divorce Code. bo The right to obtain an Income and Expense the other party as provided by the Pennsylvania c. The right to have the Court determine which property is marital and which is non-marital and equitably distribute between the parties that property which the Court determines to be marital. d. The right to have the Court decide any other rights, remedies, privileges, or obligations covered by this Agreement, including but not limited to possible claims for divorce, spousal support, alimony, alimony pendente lite, counsel fees, costs and expenses. 5. PERSONAL RIGHTS. Husband and Wife, may live separate and apart. They shall be free from any interference, direct or indirect, by the other in all respects as if they were unmarried. Husband and Wife shall not harass, disturb or malign each other or the respective families of the other nor attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. 6. MUTUAL RELEASES. Husband and Wife each mutually release and forever discharge the other and the other's estate from any rights (including income and gain from property hereafter accruing) of the other or against the other's estate, which he/she now has or may hereafter have against the other or the other's estate, arising out of any circumstance, including dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, regardless of the jurisdiction. The release includes any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. 7. PERSONAL PROPERTY. The parties make the following disposition and settlement with respect to their personal property. a) Husband and Wife agree they have equitably divided all their personal property to each's satisfaction and that each shall retain the property in his/her possession at the time of this Agreement (except as provided otherwise in this Agreement). b) Vehicles. Each party acknowledges that he/she owns his/her own vehicle, titled solely in his/her own name, and that the other party is not liable for any debt regarding such vehicle. Each party shall indemnify and hold the other harmless from any debt arising from the ownership and/or use of the vehicles in his/her possession. c) Retirement Accounts. Husband waives any rights he may have to any pension/retirement plan owned by Wife. With regard to Husband's military pension, Ms. Franklin will receive a share of such pension based upon the following fraction: The numerator shall be 144 (representing 12 years of 144 months). The denominator will be Husband's total period of creditable military service. Wife shall receive fifty percent (50%) of this fraction, with Husband receiving the remainder of this retirement. Husband understands that, in addition to dividing the marital portion of his pension, Wife is receiving a portion of his pension earned post-separation. Each party shall sign any and all documents and take any and all actions that are necessary to give effect to this paragraph. d) The parties shall retain all bank accounts currently in each's individual name. Each party waives any and all interest he/she may have in the other party's accounts. e) Husband shall become owner of the parties' jointly held college/insurance savings plan for the benefit of the parties' children. When the children become age 18, Husband shall transfer ownership of these savings plan to the children. f) As part of the personal property distribution, Husband shall pay to Wife the sum of Four Thousand Five Hundred Dollars on the date of the execution of this Agreement and all documents necessary to finalize the parties' divorce. 4 8. AFTER-ACOUIRED PERSONAL PROPERTY. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were not married. 9. REAL ESTATE. Husband shall retain the home located in North Carolina which he purchased prior to the parties' marriage and which is titled solely in his name. Husband shall be solely responsible for all costs associated with this property, including but not limited to the first mortgage and the home equity loan. Husband shall indemnify and defend Wife against all debts and/or monetary obligations of whatever kind regarding the property, wife waives any interest she may have in the property. 10. ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT. The parties hereby waive and surrender any rights and/or claims they may have to interim or final alimony, alimony pendente lite and spousal support. 11. ATTORNEY'S FEES AND COSTS. The parties waive and surrender any rights and/or claims they may have to interim or final counsel fees and/or costs. 12. DEETS. a) The parties acknowledge that no joint or marital debts exist other than specifically provided for in this agreement. b) Each party shall be solely responsible for all debts listed in his/her sole name. Each party shall indemnify and hold the other harmless against all actions or collections of whatever kind arising out of the above debts. o) Each party represents he/she has not incurred any liability for which the other may be responsible except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, except for the obligations arising out of this Agreement. 5 13. WARRANTIES TO FUTURE OBLIGATIONS. Husband and Wife each agree that each will now and at all times hereafter save harmless and keep the other indemnified from all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and that neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. 14. WAIVER OR MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 15. BREACH. The parties agree that if either fails in the due performance of any of his or her obligations under this Agreement, the other party shall have the right at his or her election to sue for damages for breach thereof, to sue for specific performance, or to seek any other legal remedies as may be available and said other party shall have the right to recover his or her reasonable legal fees and costs for any services rendered by his or her attorney. 16. MUTUAL COOPERATION. Each party shall, at any time and from time to time hereafter, take all steps and execute, acknowledge and deliver to the other party any further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. laws 17. LAW OF PENNSYLVANIA APPLICABLE. This Agreement shall be construed in accordance with the of the Commonwealth of Pennsylvania. 18. AGREEMENT BINDING ON HEIRS. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 6 [~. INTEGlq~T~ON. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior Agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 20. NO WAIVER OF DEFAULT. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance or any other obligations herein. 21. SEVER~BILITY. If any term or provision of this Agreement shall be determined to be invalid, then only that term or provision shall be stricken and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. 22. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. MILTON H. FRANKLIN ~. FRANKLIN MILTON H. FRANKLIN, : Plaintiff : SYLVIA D. FRANKLIN, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-889 Civil Term DIVORCE PRAECIPE TO TRANSMIT RECORD To The Prothonotary: Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: irretrievable breakdown under Section ~X) 3301(c) () 3301(d) of the Divorce Code. 2. Date and manner of service of the Complaint: Certified Mail; received by Defendant on February 16, 2001. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code and Waiver of Notice of Intention to Request Entry of a Divorce Decree: by the Plaintiff on 9/5/03; by the Defendant on 9/5/03; with this Praecipe. 4. Related claims pending: AGreement incorporated all filed contemporaneously NONE, Property Settlement into decree resolving all issues. DATED: 9/8/03 At~~yF~i. D. #69383Q' 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff MILTON H. FRANKLIN, : Plaintiff : : v. : : SYLVIA D. FRANKLIN, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-889 Civil Term CIVIL LAW - DIVORCE/CUSTODY AFFIDAVIT OF SERVICE I, KENNETH F. LEWIS, ESQUIRE, depose and say that I am the attorney for Plaintiff and that I did mail a true and correct copy of the above Complaint to the Defendant via certified mail. The return receipt signed by the defendant is attached hereto indicating her date of receipt. I verify that the statements made herein 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. DATED: 9/18/01 K~N~ET~F~.'LEWIS, ESQ. I.D. ~69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 ...... aintiff I also wish to receive ltm fo#owing san,Ices (for an ,it. &rzelere C, on~ult po~t~naster for fee. 4~. Ar'd(~ Number g~m~m: (Addreseee ~r Domestic Return Receipt KENNETH F. LEWIS, ESQUIRE Attorney I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff MILTON H. FRANKLIN, : Plaintiff : : v. : : SYLVIA D. FRANKLIN, : Defendant : (c) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-889 Civil Term DIVORCE 1. A Complaint in Divorce was filed under Section of the Divorce Code on February 13, 2001. 3301 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a Final Decree in Divorce after service of notice to intention to request entry of the decree. 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. Dated: ~/~/0 ~ MILTON H. FRANKLIN KENNETH F. LEWIS, ESQUIRE Attorney I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff MILTON H. FRANKLIN, : Plaintiff : SYLVIA D. FRANKLIN, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-889 Civil Term DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (o) OF THE DIVORCE CODE 1. I consent to entry of a final without notice. 2. I understand that I may lose alimony, division of property, lawyer's fees not claim them before a divorce is granted. 3. I understand that I will not or Decree of Divorce rights concerning expenses if I do be divorced until a Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. 4. 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 unsworn falsification to authorities. Dated: ~'/'~/0~ KENNETH F. LEWIS, ESQUIRE Attorney I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff MILTON H. FRANKLIN, : Plaintiff : : v. : SYLVIA D. FRANKLIN, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-889 Civil Term DIVORCE (c) irretrievably broken and ninety (90) days have date of the filing and service of the Complaint. AFFIDAVIT OF CONSENT 1. A Complaint in Divorce was filed under Section 3301 of the Divorce Code on February 13, 2001. 2. The marriage of Plaintiff and Defendant is elapsed from the 3. I consent to the entry of a Final Decree in Divorce after service of notice to intention to request entry of the decree. 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. Dated: 2-- ~- dg~ S~L~A D. FRANKLIN KENNETH F. LEWIS, ESQUIRE Attorney I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff MILTON H. FRANKLIN, : Plaintiff : : v. : : SYLVIA D. FRANKLIN, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-889 Civil Term DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (o) OF THE DIVORCE CODE 1. I without notice. 2. I consent to entry of a final Decree of Divorce understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. 4. 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 unsworn falsification to authorities. FRANKLIN Dated: IN THE COURT OF COMMON PLEAS of CUMBERLAND COUNTY STATE Of ~~ PENNA. MILTON H. FRANKLIN NO. 01-889 Civil Term VERSUS SYLVIA D. F~N~T.T~ AND NOW, DECREED THAT DECREE IN DIVORCE MILTON H. FRANKLIN 2003 ~/I.'o I/t. ~1 . , IT IS ORDERED AND , PLAI NTI F~F, AND SYLVIA D. FRANKLIN ,DEFENDANT, ARE DIVORCED FrOM THE BONDS Of MATriMONY. THE COURT RETAINS JURISDICTION OF THE FOLIOWING CLAIMS WHICH HAVE BEEN RAISED Of RECORD IN THIS ACTION FOr WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; none. The Settlement Agreement dated 9/5/03 and filed with this Court is incorporated, but not merged, into this Decree. PROTHONOTARY