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Home My WebLink About02-0562 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Tammy S. Frank, VS. Drew B. Frank, Plaintiff, Defendant. CIVIL ACTION - LAW NO. O.~- ~'¢ ~ ~ IN CUSTODY COMPLAINT FOR CUSTODY The Plaintiff is Tammy S. Frank, presently residing at 405 Juniper Street, Carlisle, Cumberland County, Pennsylvania 17013. Thc Defendant is Drew B. Frank, presently residing at 5 lan Drive, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. Plaintiff seeks custody of the following children: NAME PRESENT RESIDENCE Heather Nicole Frank 5 Ian Drive Mt Holly Springs, PA 17065 Zachary Ryan Frank 5 Ian Drive Mt Holly Springs, PA 17065 AGE 14 years 10 years The children were bom in wedlock. The children are presently in the shared legal custody of Plaintiff and Defendant, who both reside in Pennsylvania. Primary physical custody of the children is with the Defendant, Drew B. Frank. During the past five years, the children have resided with the following persons and at the following addresses: NAME Drew B. Frank and Tammy S. Frank Drew B. Frank Tammy S. Frank ADDRESS 5 Ian Drive Mt. Holly Springs, PA 17065 5 Ian Drive Mt. Holly Springs, PA 17065 Various hotels in Carlisle area DATE Birth to September 3, 1999 September 4, 1999 to present September 5, 1999 to September 28, 1999 WEIGLE, PERKINS & ASSOCIATES -- ATTORNEYS AT LAW -- 126 EAST KING STREET -- SHIPPENSBURG, PA 17257-1397 Tammy S. Frank Tammy S. Frank Ollie B. Martin (Tammy's boyfriend) Tammy S. Frank Ron Jumper ) Tammy's Linda Jumper ) parents Tammy S. Frank Ollie B. Martin, boyfriend 1020 Wayne Avenue, Apt 4 Carlisle, PA 17013 6 Koser Road Shippensburg, PA 17257 411 Mountain View Road Mt Holly Springs, PA 17065 405 Juniper Street Carlisle, PA 17013 September 29, 1999 to October 31, 2000 November 1, 2000 to March 6, 2001 March 7, 2001 to September 30, 2001 October 1, 2001 to Present The mother of the children is Tammy S. Frank, currently residing at 405 Juniper Street, Carlisle, Cumberland County, Pennsylvania 17013. She is married/separated from Defendant. The father of the children is Drew B. Frank, eurrentiy residing at 5 Ian Drive, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. He is married/separated from Plaintiff. The relationship of Plaintiff to the children is that of mother. The Plaintiff currently resides with the following persons: NAME RELATIONSHIP Ollie B. Martin Boyfriend The relationship of Defendant to the children is that of father. The Defendant currently resides with the following persons: NAME RELATIONSHIP unknown Plaintiff has participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court, i.e., In the Court of Common Pleas of Cumberland County, pennsylvania, No. 99-6271 Civil Term, dated February 25, 2000. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person, not a party to the proceedings, who has physical custody of the children or claims to have custody or visitation rights with respect to the children. WEIGLE, PERKINS & ASSOCIATES -- ATTORNEYS AT LAW -- 126 EAST KING STREET -- SHIPPENSBURG, PA ~7257-1397 The best interest and pemianent welfare of the children will be served by granting the relief requested for the following reasons: A. Plaintiff has continued to have a trusting and loving relationship with the children. B. Plaintiff has now established a residence which would permit a custody arrangement between herself and the Defendant on an alternating week basis. C. The children want to spend more time with their mother in her home. D. Periods of partial custody in Plaintiff to date have been at the whim of the Defendant herein and the time spent has not been quality time. Most of Plaintiff's time with the children is spent shuttling them to and from previously scheduled activities. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child(mn) will be given notice of the pendency of this action and the right to intervene: BASIS OF CLAIM NAME ADDRESS None WHEREFORE, Plaintiff requests the Court to grant both legal and primary residential custody of the minor children to the Plaintiff. WEIOLE, PERKINS & ASSOCIATf~ ~rry A. ~reigle, Esqul 126 East King Street Shippensburg, PA 17257 Telephone 717-532-7388 VERIFICATION I verify that the statements made in the foregoing Complaint for Custody are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unswom falsification to authorities. Dated: WEIGLE, PERKINS En ASSOCIATES -- ATTORNEYS AT LAW -- 126 EAST KING STREET -- SHIPPENSBURG, PA 17257-1397 .-Z ~TL: Z MARK, WEIGLE A~ND PERKINS, ATTORNEYS AT LAW 126 EAST KING STREET, SHIPPENSIIURG, PENNA. 17259 TELEPHONE: (717) 532-7388 FAX: (717) 532-655:Z TAMMY $. FRANK : PLAINTIFF : V. DREW B. FRANK DEFENDANT : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-562 CIVIL ACTION LAW IN CUSTODY AND NOW, Friday, February 08, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland Count}, Courthouse, Carlisle on Friday, March 01, 2002 at 9:30 AM for a Pre-Heating 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 ali existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilroy. Esa. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or heating. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MAR 0 6 ZOO?- TAMMY S. FRANK, Plaintiff V DREW B. FRANK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02 - 562 CIVIL iN CUSTODY CO~TO~ER AND NOW, this ~.~k day of March, 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The parties shall submit themselves and the minor children to a custody evaluation to be performed by an evaluator as agreed upon by legal counsel for the parties. Cost of this evaluation shall be shared equally between the parties. The evaluation shall be an independent evaluation with the evaluator sharing the results with both parties and their attorneys. Upon the conclusion of the evaluation and in the event the parties are not at that time able to agree upon the entry of a permanent order, legal counsel for both parties may contact the conciliator to schedule a conference call conciliation or a personal conciliation in the courthouse, whichever procedure they feel is appropriate at that time. Pending further order of this court, this court's prior order of February 25, 2000 shall remain in effect subject to the following modifications: The timeframe for the parents to enjoy custody on Mother's Day, Father's Day and holidays pursuant to Paragraphs 5 and 6 of the prior order shall be from 9:00 a.m. until 9:00 p.m. The holidays as set forth in Paragraph 6 shall be handled with Mother having Easter and July 4~' on even numbered years and Memorial Day and Labor Day on odd numbered years. The Father shall have Easter and July 4~' on odd numbered years and Memorial Day and Labor Day on even numbered years. The non-custodial party shall be afforded time with the minor children on the children's birthday, with the timeframe being at least from 5:00 p.m. umil 7:00 p.m. unless otherwise agreed on by the parties. ec~ Jerry A. Weigle, Esquire Francis M. Socha, Esquire TAMMY S. FRANK, Plaimiff V DREW B. FRANK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CiVIL ACTION - LAW NO. 02- 562 CIVIL IN CUSTODY Prior Judge: Edward E. Guido CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the children who are the subject of this litigation is as follows: Heather N. Frank, bom May 19, 1987; and Zachary R. Frank, bom March 12, 1991. A Conciliation Conference was held on March 1, 2002, with the following individuals in attendance: The Father, Drew B. Frank, with his counsel, Francis M. Socha, Esquire; and the Mother, Tammy S. Frank, with her counsel, Jerry A. Weigle, Esquire. 3. The parties agree to the entry of an order in the form as attached. DATE