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HomeMy WebLinkAbout04-5764EDWIN JOSEPH MacNAMARA, III, Plaintiff, V. HEIDI JANNA MacNAMARA, Defendant AND NOW, comes Petitioner, Edwin Joseph MacNamara, lH, by and through his attorney, Mark A. Mateya, and respectfully represents: 1. The Plaintiff is Edwin Joseph MacNamara, Ill, who presently resides at 215 Calvary Road, Carlisle, Cumberland County, Pennsylvania, 17013. 2. The Defendant is Heidi Janna MacNamara, presently residing at 226 West Ridge, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 0V - Sqt q e"- CIVIL ACTION - LAW :CUSTODY COMPLAINT FOR CUSTODY Carlisle, Cumberland County, Pennsylvania, 17013. 3. Plaintiff seeks custody of the following children: Name Delaney J. MacNamara Present Residence 215 Calvary Road Carlisle, PA 17013 Age D/O/B 2 Yrs 12/12/01 Sienna J. MacNamara 215 Calvary Road Carlisle, PA 17013 4. The children were born in wedlock. 1 Yr 8/21/03 5. The children are presently in the custody of Edwin Joseph MacNamara, 111, who presently resides at 215 Calvary Road, Carlisle, Cumberland County, Pennsylvania 17013. 6. During the past five (5) years the children have resided with the following persons at the following addresses: a. From birth until December, 2002, With Plaintiff and Defendant, at 415 Meadowbrook Road, Carlisle, Cumberland County, Pennsylvania 17013. b. From December 2002 to May 2004, with Plaintiff and Defendant, at 1011 Franklin Street, Carlisle, Cumberland County, Pennsylvania 17013. c. From May 2004 to October 1, 2004, with Plaintiff and Defendant at 215 Calvary Road, Carlisle, Cumberland County, Pennsylvania 17013. d. From October 1, 2004 to the present with Plaintiff at 215 Calvary Road, Carlisle, Cumberland County, Pennsylvania 17013. 7. The mother of the children, Heidi MacNamara, is currently residing at 226 West Ridge, Carlisle, Cumberland County, Pennsylvania, and she is married. 8. The father of the children is Ed MacNamara, who is currently residing at 215 Calvary Road, Carlisle, Cumberland County, Pennsylvania 17013 and he is married. 9. The relationship of the Plaintiff to the children is that of natural father. The Plaintiff currently resides with the minor children Delaney M. MacNamara and Sienna M. MacNamara. 10. The relationship of the Defendant to the children is that of natural mother. The defendant currently resides with her mother, Kathi Lawton. 11. The Plaintiff has not participated as a party or witness, or in another capacity in other litigation concerning the custody of the children in this or any other Court, with the exception of a Protection From Abuse hearing, Cumberland County Docket 04-5688. 12. Plaintiff has no information of a custody proceeding concerning the children pending in any Court of this Commonwealth or any other state, with the exception of a Protection From Abuse hearing, Cumberland County Docket 04-5688. -2- 13. Plaintiff does not know of a person not a party to the proceeding who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 14. The best interest and permanent welfare of the children will be served by granting the relief requested because: a. Plaintiff is the father of the children; b. Plaintiff has been involved in the raising of the children from the time of the children's birth to the present; C. Plaintiff is able to provide a stable home for the children. d. Plaintiff is fully employed and able to provide economically for the children. e. Plaintiff and Defendant informally agreed to share custody of the children. f. Defendant filed with the Domestic Relations office of Cumberland County for child support and ever since that date has not upheld the informal agreement to share custody. WHEREFORE, Plaintiff requests this Honorable Court to schedule a custody conciliation conference between the parties at the court's earliest convenience. Dated: [ l (? 6q Respectfully submitted, Mark A. Mateya Attorney I.D. No. 78931 P.O. Box 127 Boiling Springs PA 17007 (717) 241-6500 Attorney for Plaintiff -3- VERIFICATION I, EDWIN JOSEPH MacNAMARA, III, verify that the facts set forth in the foregoing COMPLAINT FOR CUSTODY are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. w5t-:?K Edwin Joseph MacNamara, III DATED: IY1610y -4- <"? c? ?.x _j C~3 -ii -.i. `- .: ` .x:. =?. . ? ? ?. ?_ ?' T? ^? r_; ..C 'q' 3 ° . _ ' ,? t [ 1 C?' '"'? A EDWIN JOSEPH MACNAMARA, III IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. HEIDI JANNA MACNAMARA DEFENDANT • 04-5764 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Thursday, December 02, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, December 17, 2004 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing; Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Hubert X. Gilroy, Esy. mhc Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166, z _`a C" -C/ h!?z e-rl 120 Z`7- r/ j ??ra a nutikP? IEDWIN JOSEPH MACNAMARA, III, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW HEIDI JANNA MACNAMARA, : NO. 04-5764 Defendant : IN CUSTODY COURT ORDER AND NOW, this a? / day of January, 2005, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. a of the Cumberland County Court House on the J"" day of `Azt-ck, 2005 at / at which time testimony will be taken in the above case. At this hearing, the father shall be the moving party and shall be proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before this Court, a summary of each parties position on these issues, a list of witnesses each party will call to testify and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further order of this Court, the custody arrangement as set forth in the Protection from Abuse Order at Docket No. 04-56881 shall remain in place. Judge cc/Bradley L. Grime, Esquire ,Mark A. Mateya, Esquire J 61 ,??- C ` =t;i nu ," EDWIN JOSEPH MACNAMARA, III, Plaintiff v HEIDI JANNA MACNAMARA, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 04-5764 : IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation are as follows: Delaney Janna MacNamara, born December 12, 2001 and Sienna Jade MacNamara, born August 21, 2003. 2. A Conciliation Conference was held on January 7, 2005, with the following individuals in attendance: The father, Edwin Joseph MacNamara, III, with his attorney, Mark A. Mateya, and the mother, Heidi Jams MacNamara, with her attorney, Bradley L. Griffie. 3. There is an existing Custody Order in an associated Protection from Abuse Action which gives mother primary custody and father significant periods of temporary custody. Once the Conciliator got into the conference, the Conciliator realized he had a conflict in this particular case. Regardless, the attorneys agreed that a hearing was required because father is seeking primary custody and mother seeks to reduce the time that father is afforded under the existing Custody Order. On that basis, the Conciliator recommends an Order in the form as attached. y bfj -Z// DATE ? h Hubert X. Custody C , Esquire EDWIN JOSEPH MacNAMARA, III Plaintiff, V. HEIDI JANNA MacNAMARA, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV : NO. 04-5764 CIVIL ACTION - LAW CUSTODY PRAECIPE TO WITHDRAW APPEARANCE NOW COMES Mark A. Mateya, Esquire, counsel for Plaintiff in the matter and avers the following: 1. Plaintiff initiated the present action on or about November 17, 2004, by way of complaint filed to the above term and number. 2. Plaintiff retained the legal services of his present counsel, Mark A. Mateya, 3. A custody hearing was scheduled in this matter for March 3, 2005, at which parties verbally agreed to an agreement and the hearing before the Honorable Edgar B. was cancelled. 4. Later that same day, Plaintiff contacted his present counsel and advised him did not want to enter into a custody agreement and wanted to move forward with a full 5. Attorney Mateya wrote to Plaintiff on March 9, 2005 and informed him of the suggested steps to move the case forward in preparation for a custody hearing before the As of the date of this writing counsel has not heard from Plaintiff as to whether he wishes the necessary steps to re-list the custody action for a hearing. 6. Attorney Mateya received correspondence from Defendant's counsel, Bradley indicating that Plaintiff had contacted his office and indicated that he no longer had an take and that future correspondence was to be mailed directly to the Plaintiff. 7. The withdrawal of Plaintiff's counsel from the present action will have not have an adverse effects on Defendant. WHEREFORE, upon consideration of the foregoing, it is respectfully requested that Mark A. Mateya, Esquire be allowed to withdraw his appearance on behalf of Plaintiff in the above-captioned matter. Respectfully submitted, Mark A. Mateya, Es46ir Attorney I.D. No. 78931 P.O. Box 127 Boiling Springs, PA 17007 h Dated: (717) 241-6500 ? h 4 CERTIFICATE OF SERVICE I, hereby certify that I have served a copy of the foregoing Praecipe to Withdraw Appearance on the following person(s) by facsimile and by depositing a true and correct copy the same in the United States Mail, first class, postage prepaid, at Boiling Springs, County, Pennsylvania addressed to: Edwin 7 MacNamara 215 Calvary Road Carlisle, PA 17013 Bradley L Griffie Esquire Griffie & Associates 200 North Hanover Street Carlisle PA 17013 Dated: ` ? 6? ?G . Mark A. Mateya, Esquire P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 p T K -5i =. il1f: ,C7 T ?. .++ -.:. ? 1. .. - . -r. Yl - .: • ?<j ? _ + `La ?J <_ i C,.7 RECEIVED APR 1 5 2005 ?a EDWIN JOSEPH MacNAMARA, III : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-5764 V. HEIDI JANNA MacNAMARA, : CIVIL ACTION - LAW Defendant :CUSTODY ORDER AND NOW this day of AAuA 2005, upon consideration of the foregoing Praecipe to Withdraw Appearance, IT IS HEREBY ORDERED AND DECREED that the Praecipe to Withdraw Appearance filed on behalf of Mark A. Mateya, Esquire is hereby GRANTED. BY THE COURT: J. Oy o" ,,,.., 4UP-. EDWIN J. MACNAMARA, III, Plaintiff V. HEIDI JANNA MACNAMARA, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA NO. 04-5764 CIVIL ACTION - LAW IN CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Edwin J. MacNamara, III, Petitioner, to proceed in forma. 12wiperis . Mr. MacNamara was referred to law firm, Abom & Kutulakis, by Mid Penn Legal services. I, John A. Abom, attorney for the party proceeding in forma 12apperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. John A, om, Esquire Attorn ID No. 77961 36 S th Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Petitioner EDWIN J. MACNANLARA, III, Plaintiff V. HEIDI JANNA MACNAMARA, Defendant IN TILE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 04-5764 CIVIL ACTION - LAW IN CUSTODY PETITION TO MODIFY CUSTODY AND NOW, the Plaintiff, Edwin J. MacNamara, III, by and through his attorney, John A. Abom, Esquire, of Abom & Kutulakis, LLP, avers the following: 1. The petition of Edwin J. MacNamara, III, Father, respectfully represents that on January 19, 2005, an Order of Court was entered granting the parties shared legal custody, Mother primary physical custody and Father partial physical custody. (Copy attached as Exhibit "A"), 2. This Order should be modified because: a) Father was called by Mother on October 3, 2005 and Mother asked Father to pick up their two (2) daughters, Delaney J MacNamara, age three (3), and Sienna J. MacNamara, age two (2), from daycare. b) Father picked up his daughters from daycare on October 3, 2005 and his daughters have lived with him since that date. c) Until October 26, 2005, Mother had not contacted Father since October 3, 2005. d) Father's multiple attempts to contact Mother since October 3, 2005 have been unsuccessful. e) Kathi Lawton, Maternal Grandmother, has tried to contact Mother several times. Maternal Grandmother's multiple attempts have also been unsuccessful. 0 The last known contact from Mother was a voice message that she left Maternal Grandmother on October 18, 2005. In that message, Mother did not give any information about her whereabouts or when or if she would be returning. g) Maternal Grandmother filed a missing person's report on Mother. h) Prior to October 3, 2005, Mother was living at 247 Plaza Drive, Boiling Springs, Pennsylvania, with her live-in boyfriend, Jeremy Lentvorsky, i) On April 21, 2005, Jeremy Lentvorsky was charged with numerous counts of burglary, criminal trespass, theft by unlawful taking, criminal mischief, and conspiracy to commit burglary. j) On May 18, 2005, Jeremy Lentvorsky was released on bail based on the terms that he agreed to refrain from criminal activity and having no further criminal charges brought against him. k) On September 18, 2005, Jeremy Lentvorsky violated his bail when Pennsylvania State Trooper, Jeffrey D'Alessandro, had probable cause to charge Jeremy with underage drinking, two (2) violations of controlled substance, drug, device, and cosmetic act, possession of drug paraphernalia, and possession of marijuana. 1) The above cited incident took place at Mother's apartment and Mother was present during the incident. m) This bail violation led to a bench warrant for Jeremy Lentvorsky's arrest to be issued by judge Kevin Hess on September 30, 2005. n) It is believed and therefore averred that the Sheriff attempted to arrest Jeremy Lentvorsky at the apartment where he and Mother lived on October 3, 2005. o) Mother then fled the area with her boyfriend, Jeremy Lentvorsky. p) Mother had no contact with Father since October 3, 2005. q) In the late evening of October 26, 2005, Mother placed a collect phone call to Father from Vista Detention Facility in San Diego, California, to inform him that she was being held there on prescription drug charges with her boyfriend, Jeremy Lentvorsky. r) Mother never notified or consulted with Father regarding her leaving the area or leaving their daughters in Father's care for an extended period of time. s) Father believes that it would be in the children's best interest to be in his sole physical custody, because he can provide a safe and stable home for his daughters and Mother has been gone for over twenty-three (23) days and has not had any contact with their daughters and called Father collect on October 26" to tell him that she was incarcerated in San Diego, California. This was the first time Mother contacted him since she disappeared. t) Father believes it would be in the children's best interests if Father were granted sole physical custody and sole legal custody. u) Father believes that it is in the children's best interest to not allow the Mother any physical custody of their daughters at this time, since she is in prison and if Mother is released on bail and has access to physical custody she may leave before Father knows where she is staying or she may leave the state with their daughters. WHEREFORE, the Petitioner requests that, in the best interest of the parties' minor children, this Honorable Court modify the existing Order of Court and grant Father primary physical custody of the children. i DATE O a S Respectfully submitted, Asom & KUTULAKIS, L.L.P. John A. j bom Attorney ID No. 77961 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney far Petitioner JAN 1 v 2UU5v?? r? EDWIN JOSEPH MACNAMARA, III, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW HEIDI JANNA MACNAMARA, NO. 04-5764 Defendant IN CUSTODY COURT ORDER AND NOW, this I'kday of January, 2005, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. a of the Cumberland County Court House on the 3'4( day of ?'/X txk, 2005 at / 3CZ.m. at which time testimony will be taken in the above case. At this hearing, the father shall be the moving party and shall be proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before this Court, a summary of each parties position on these issues, a list of witnesses each party will call to testify and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further order of this Court, the custody arrangement as set forth in the Protection from Abuse Order at Docket No. 04-5688 shall remain in place. Judge cc/Bradley L. Griffie, Esquire ,Mark A. Mateya, Esquire V- 61 z?-as Pursuant to consent of the parties, which does not constitute Defendant's admission to the averments of abuse in the petition, the following order will be entered: Plaintiffs request for a final protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten or attempt to use physical force that would reasonably be expected to cause bodily injury to the Plaintiff or any other protected person in any place where they might be found. 2. Defendant is completely evicted and excluded from the residence at: 226 West Ridge Street Carlisle PA 17013 or any other residence where Plaintiff or any other person protected under this Order may live. Exclusive possession of the residence is granted to Plaintiff. Defendant shall have no right or privilege to enter or be present on the premises of Plaintiff or any other person protected under this Order. 3. Except as provided in Paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with the Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiffs school, business, or place of employment. 4. Except as provided in Paragraph 5 of this Order, Defendant shall not contact the Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 5. Custody of the following minor children: 1. Delaney Janna MacNamara 2. Sienna Jade MacNamara shall begs full ws: I?t'hg, shall 5ha c (N?K d ?? t /t ?nar thi 1 d--en 0 y,rh, l?l-cl, ?anl ('la vin, Cvi(-v ('lv lw:? /115Lth ?? WQCk 'GtnC a Plaintiff - or tzlfe/;'If47 { wee%en 4 C e I l?i-wx `r?dry wti/ S; rnctn r^c t:.., aahl f th nartiac? xcG>pnfpS C.?. lI '?l ?luce ree{} 'Yht how 6. The following additional relief is granted as authorized by §6108 of the Act: "?f Th, p?rerme.r f t - Defendant is prohibited from having any contact with Plaintiffs relatives Pn va i w h I t11c and Plaintiff's children listed in this petition, except as the court may find (k h"`°'? a necessary with respect to partial custody and/or visitation with the minor Ur G, 1, Fl; child/ren. ?w c,tt,,1 OL/,?t 04 --6 ?&q. 7k, - Defendant shall not damage or destroy any property owned jointly by the Pin r 1`4' m" M, Co mgr 1-1. 1 U\'? ?t ?h r. .U t tM1. ?, : i; y?? ?? ??t??r c;;? EDWIN JOSEPH MACNAMARA, III, Plaintiff v HEIDI JANNA MACNAMARA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 04-5764 : IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation are as follows: Delaney Janna MacNamara, born December 12, 2001 and Sienna Jade MacNamara, born August 21, 2003. 2. A Conciliation Conference was held on January 7, 2005, with the following individuals in attendance: The father, Edwin Joseph MacNamara, HI, with his attorney, Mark A. Mateya, and the mother, Heidi Janna MacNamara, with her attorney, Bradley L. Griffie. 3. There is an existing Custody Order in an associated Protection from Abuse Action which gives mother primary custody and father significant periods of temporary custody. Once the Conciliator got into the conference, the Conciliator realized he had a confect in this particular case. Regardless, the attorneys agreed that a hearing was required because father is seeking primary custody and mother seeks to reduce the time that father is afforded under the existing Custody Order. On that basis, the Conciliator recommends an Order in the form as attached. y bj-- DATE Hubert X. Gil y, Esquire Custody Con 'ator VERIFICATION I, EDWIN J. MACNAMARA, III, verify that the statements made in this Petition to Modify Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. Date EDV J. MACNAMARA, III CERTIFICATE OF SERVICE i AND NOW, this day of 2005, I, John A. Abom, Esquire, of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Petition to Modify Custody, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Bradley L. Griffie, Esquire 200 North Hanover Street Carlisle, PA 17013 Respectfully submitted, Abom & Kutulakis, L.L.A. John A. Abo , Esquire Attorney l ?"No. 77961 36 Sout anover Street Carlisle, PA 17013 (717) 249-0900 I EDWIN J. MACNAMARA, III, Plaintiff V. HEIDI JANNA MACNAMARA, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 04-5764 CIVIL ACTION - LAW IN CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Edwin J. MacNamara, III, Petitioner, to proceed in forma au eris. Mr. MacNamara was referred to law firm, Abom & Kutulakis, by Mid Penn Legal services. I, John A. Abom, attorney for the party proceeding in forma a ris, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. John Am, Esquire Attorn j ID No-7796t- 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Petitioner 9 EDWIN J. MACNAMARA, III, Plaintiff V. HEIDI JANNA MACNAMARA, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 04-5764 CIVIL ACTION - LAW IN CUSTODY TO THE HONORABLE JUDGE OF SAID COURT: PETITION FOR SPECIAL RELIEF AND NOW, this 26`h day of October, 2005, comes the Petitioner, Edwin J. MacNamara, III, by and through his attorney, John A. Abom, Esquire, of ABOM & KUTULAKis, L.L.P., and respectfully petitions this Honorable Court to grant Petitioner special relief, and in support thereof avers the following: 1. The petition of Edwin J. MacNamara, III, Father, respectfully represents that on January 19, 2005, an Order of Court was entered granting the parties shared legal custody, Mother primary physical custody and Father partial physical custody. (Copy attached as Exhibit "A") 2. Simultaneously with this Petition, Father has filed a Petition to Modify Custody. (A copy of the Petition to Modify Custody is attached hereto as `Exhibit B'). 3. Father was called by Mother on October 3, 2005 and Mother asked Father to pick up their two (2) daughters, Delaney J. MacNamara, age three (3), and 2 Sienna J. MacNamara, age two (2), from daycare. 4. Father picked up his daughters from daycare on October 3, 2005 and his daughters have lived with him since that date. 5. Until October 26, 2005, Mother had not contacted Father since October 3, 2005. 6. Father's multiple attempts to contact Mother since October 3, 2005 have been unsuccessful. 7. Kathi Lawton, Maternal Grandmother, has tried to contact Mother several times. Maternal Grandmother's multiple attempts have also been unsuccessful. 8. The last known contact from Mother was a voice message that she left Maternal Grandmother on October 18, 2005. In that message, Mother did not give any information about her whereabouts or when or if she would be returning. 9. Maternal Grandmother filed a missing person's report on Mother. 10. Prior to October 3, 2005, Mother was living at 247 Plaza Drive, Boiling Springs, Pennsylvania, with her live-in boyfriend, Jeremy Lentvorsky. 11. On April 21, 2005, Jeremy Lentvorsky was charged with numerous counts of burglary, criminal trespass, theft by unlawful taking, criminal mischief, and conspiracy to commit burglary. 3 12. On May 18, 2005, Jeremy Lentvorsky was released on bail based on the terms that he agreed to refrain from criminal activity and having no further criminal charges brought against him. 13. On September 18, 2005, Jeremy Lentvorsky violated his bail when Pennsylvania State Trooper, Jeffrey D'Alessandro, had probable cause to charge Jeremy with underage drinking, two (2) violations of controlled substance, drug, device, and cosmetic act, possession of drug paraphernalia, and possession of marijuana. 14. The above cited incident took place at Mother's apartment and Mother was present during the incident. 15. This bail violation led to a bench warrant for Jeremy Lentvorsky's arrest to be issued by judge Kevin Hess on September 30, 2005. 16. It is believed and therefore averred that the Sheriff attempted to attest Jeremy Lentvorsky at the apartment where he and Mother lived on October 3, 2005. 17. Mother then fled the area with her boyfriend, Jeremy Lentvorsky. 18. Mother had no contact with Father since October 3, 2005. 19. In the late evening of October 26, 2005, Mother placed a collect phone call to Father from Vista Detention Facility in San Diego, California, to inform him 4 that she was being held there on prescription drug charges with her boyfriend, Jeremy Lentvorsky. 20. Mother never notified or consulted with Father regarding her leaving the area or leaving their daughters in Father's care for an extended period of time. 2L Father believes that it would be in the children's best interest to be in his sole physical custody, because he can provide a safe and stable home for his daughters and Mother has been gone for over twenty-three (23) days and has not had any contact with their daughters and called Father collect on October 262" to tell him that she was incarcerated in San Diego, California. This was the first time Mother contacted him since she disappeared 22. Father believes it would be in the children's best interests if Father were granted sole physical custody and sole legal custody. 23. Father believes that it is in the children's best interest to not allow the Mother any physical custody of their daughters at this time, since she is in prison and if Mother is released on bail and has access to physical custody she may leave before Father knows where she is staying or she may leave the state with their daughters. WHEREFORE, Petitioner prays that This Honorable Court grant his Petition for Special Relief and award him sole physical custody and sole legal custody of the minor children. DATE © O? Respectfully submitted, ABom& KuTUrArQS, L.L.P. John A. Abom squire Attorney ID o. 77961 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Petitioner JAN 1 ! Z[ll)5 P/? EDWIN JOSEPH MACNAMARA, III, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW HEIDI JANNA MACNAMARA, : NO. 04-5764 Defendant : IN CUSTODY COURT ORDER Uc AND NOW, this -?l day of January, 2005, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. a of the Cumberland County Court House on the .P"' day of `AEtek, 2005 at / 9CZm. at which time testimony will be taken in the above case. At this hearing, the father shall he the moving party and shall be proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before this Court, a summary of each parties position on these issues, a list of witnesses each party will call to testify and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further order of this Court, the custody arrangement as set forth in the Protection from Abuse Order at Docket No. 045688 shall remain in place. Judge ce, radley L. Griffie, Esquire Mark A. Mateya, Esquire EXHIBIT A Pursuant to consent of the parties, which does not constitute Defendant's admission to the averments of abuse in the petition, the following order will be entered: Plaintiffs request for a final protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten or attempt to use physical force that would reasonably be expected to cause bodily injury to the Plaintiff or any other protected person in any place where they might be found. 2. Defendant is completely evicted and excluded from the residence at: 226 West Ridge Street Carlisle PA 17013 or any other residence where Plaintiff or any other person protected under this Order may live. Exclusive possession of the residence is granted to Plaintiff. Defendant shall have no right or privilege to enter or be present on the premises of Plaintiff or any other person protected under this Order. 3. Except as provided in Paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with the Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiffs school, business, or place of employment. 4. Except as provided in Paragraph 5 of this Order, Defendant shall not contact the Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 5. Custody of the following minor children: 1. Delaney Janna MacNamara 2. Sienna Jade MacNamara shall be a foil ws: l? ti8 ?haN shat 0/jA41 cl -b, m.nur C,hn 1 &-e") Wyed ) ?,i P ,f WIC IC. x646 /lelAa{? wee%en ?? fY,d4y ??ti/ S: Puce ai 'fhV how ?, Hi. l?l-c.r?aanl I'Ia Vin, Cv?(-vd? C'lY hv:? (11ShIS ?'?. -P or l c wt?ft 1 r1T' euctnrl,?;,*?^• ahl t Oho artiec? r? a r-- 6. The following additional relief is granted as authorized by §6108 of the Act Th.? pyre "111 - Defendant is prohibited from having any contact with Plaintiffs relatives P(<va l ^ tilt and Plaintiff's children listed in this petition, except as the court may find 0`V" necessary with respect to partial custody and/or visitation with the minor e u,kull-) 1, <h child/ren. doclui n?? 04-5}6c? 7t, - Defendant shall not damage or destroy any property owned jointly by the Pc,I )` Y M, 1 L' EDWIN JOSEPH MACNAMARA, III, Plaintiff v HEIDI JANNA MACNAMARA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-5764 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-5(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation are as follows: Delaney Janna MacNamara, born December 12, 2001 and Sienna Jade MacNamara, born August 21, 2003. 2. A Conciliation Conference was held on January 7, 2005, with the following individuals in attendance: The father, Edwin Joseph MacNamara, III, with his attorney, Mark A. Mateya, and the mother, Heidi Janna MacNamara, with her attorney, Bradley L. Griffie. 3. There is an existing Custody Order in an associated Protection from Abuse Action which gives mother primary custody and father significant periods of temporary custody. Once the Conciliator got into the conference, the Conciliator realized he had a conflict in this particular case. Regardless, the attorneys agreed that a hearing was required because father is seeking primary custody and mother seeks to reduce the time that father is afforded under the existing Custody Order. On that basis, the Conciliator recommends an Order in the form as attached. /// 0 'S? DATE ? h Hubert X. Custody C Esquire EDWIN J. MACNAMARA, III, Plaintiff V. HEIDI JANNA MACNAMARA, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : N0.04-5764 CIVIL ACTION - LAW IN CUSTODY PETITION TO MODIFY CUSTODY AND NOW, the Plaintiff, Edwin J. MacNamara, III, by and through his attorney, John A. Abom, Esquire, of Abom & Kutulakis, LLP, avers the following: L The petition of Edwin J. MacNamara, III, Father, respectfully represents that on January 19, 2005, an Order of Court was entered granting the parties shared legal custody, Mother primary physical custody and Father partial physical custody. (Copy attached as Exhibit "A'J. 2, This Order should be modified because: a) Father was called by Mother on October 3, 2005 and Mother asked Father to pick up their two (2) daughters, Delaney J MacNamara, age three (3), and Sienna J. MacNamara, age two (2), from daycare. b) Father picked up his daughters from daycare on October 3, 2005 and his daughters have lived with him since that date. c) Until October 26, 2005, Mother had not contacted Father since October 3, 2005. EKNOIT d) F'ather's multiple attempts to contact Mother since October 3, 2005 have been unsuccessful. e) Kathi Lawton, Maternal Grandmother, has tried to contact Mother several times. Maternal Grandmother's multiple attempts have also been unsuccessful. f) The last known contact from Mother was a voice message that she left Maternal Grandmother on October 18, 2005. In that message, Mother did not give any information about her whereabouts or when or if she would be returning. g) Maternal Grandmother filed a missing person's report on Mother. h) Prior to October 3, 2005, Mother was living at 247 Plaza Drive, Boiling Springs, Pennsylvania, with her live-in boyfriend, Jeremy Lentvorsky. i) On April 21, 2005, Jeremy Lentvorsky was charged with. numerous counts of burglary, criminal trespass, theft by unlawful taking, criminal mischief, and conspiracy to commit burglary. J) On May 18, 2005, Jeremy Lentvorsky was released on bail based on the terms that he agreed to refrain from criminal activity and having no further criminal charges brought against him. k) On September 18, 2005, Jeremy Lentvorsky violated his bail when Pennsylvania State Trooper, Jeffrey D'Alessandro, had probable cause to charge Jeremy with underage drinking, two (2) violations of controlled substance, drug, device, and cosmetic act, possession of drug paraphernalia, and possession of marijuana. 1) The above cited incident took place at Mother's apartment and Mother was present during the incident. m) This bail violation led to a bench warrant for Jeremy Lentvorsky's arrest to be issued by judge Kevin Hess on September 30, 2005. n) It is believed and therefore averred that the Sheriff attempted to arrest Jeremy Lentvorsky at the apartment where he and Mother lived on October 3, 2005. o) Mother then fled the area with her boyfriend, Jeremy Lentvorsky. p) Mother had no contact with Father since October 3, 2005. fl) In the late evening of October 26, 2005, Mother placed a collect phone call to Father from Vista Detention Facility in San Diego, California, to inform him that she was being held there on prescription drug charges with her boyfriend, Jeremy Lentvorsky. r) Mother never notified or consulted with Father regarding her leaving the area or leaving their daughters in Father's care for an extended period of time. s) Father believes that it would be in the children's best interest to be in his sole physical custody, because he can provide a safe and stable home for his daughters and Mother has been gone for over twenty-three (23) days and has not had any contact with their daughters and called Father collect on October 26`x' to tell him that she was incarcerated in San Diego, California. This was the first time Mother contacted him since she disappeared. t) Father believes it would be in the children's best interests if Father were granted sole physical custody and sole legal custody. u) Father believes that it is in the children's best interest to not allow the Mother any physical custody of their daughters at this time, since she is in prison and if Mother is released on bail and has access to physical custody she may leave before Father knows where she is staying or she may leave the state with their daughters. WHEREFORE, the Petitioner requests that, in the best interest of the parties' minor children, this Honorable Court modify the existing Order of Court and grant Father primary physical custody of the children. DATE U O 5 Respectfully submitted, Aaom&KUTULAKis, L.L.P. John A. born Attorney ID No. 77961 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney forPetitzoner VERIFICATION I, Edwin J. MacNamara, III, verify that the statements made in this Petition for Special Relief are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. DATE d 7 0 Edwin ?.XacNamara, III 8 CERTIFICATE OF SERVICE AND NOW, this day of 2005, I, John A. Abom, Esquire, of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Petition for Special Relief, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Bradley L. Griffie, Esquire 200 North Hanover Street Carlisle, PA 17013 Respectfully submitted, Abom & Kutuiakis, L.L.P. John A. AhIm, Esquire Attorney No. 77961 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 7 5 EDWIN J. MACNAMARA, III, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. HEIDI JANNA MACNAMARA, DEFENDANT 04-5764 CIVIL TERM ORDER OF COURT AND NOW, this (-+I day of November, 2005, IT IS ORDERED: (1) The existing custody order of January 19, 2005, regarding Delaney J. MacNamara and Sienna J. MacNamara, IS VACATED. (2) Edwin J. MacNamara, III, is temporarily granted sole legal custody and sole physical custody of Delaney MacNamara and Sienna MacNamara pending further order of court. r By thurt, Edgar B J61?n A. Abom, Esquire For Plaintiff ,,Erradley L. Griffie, Esquire For Defendant :sal 4 fv1 _ r? M T ? 17 :_1 7i ? d v d ? EDWIN J. MACNAMARA, III IN THE COURT OF COMMON PLEAS OF PLAINTIFF CLJMlIFRI.,AND C'OLINI'Y, PENNSYLVANIA V. HEIDI JANNA MACNAMARA DItI-ENDANT 04-5764 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, October 31, 2005 upon consideration ofthe attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, December 02, 2005 at 10:30 AM for a Pre-Hearing Custody Confrence. 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 Relier orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FORT[ E COURT. I3y /s/ Hubert X. Gilroy, Esy.___? J Custody Conciliator fhe 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 Cur 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 hear in,,. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. If YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONF, GO TO OR TELEPHONE THE Off ICE SET FORTFI BELOW '10 FIND OUT WHERE YOU CAN GET LEGAL KELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 - , . v?ivdn?hswr??? SS :6 VII Z- AON 90OZ htfi?iU?aO;-iv?d 3H! 3Q ;?,JI L{-,p EDWIN J. MACNAMARA, III, Plaintiff V. HEIDI JANNA MACNAMARA, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 04-5764 CIVIL ACTION - LAW IN CUSTODY PETITION TO WITHDRAW AS COUNSEL AND NOW, comes Petitioner, Bradley L. Griffie, Esquire, and petitions the Court as follows; 1. Your Petitioner, Bradley L. Griffie, Esquire is the counsel of record for the above-named Defendant, Heidi Janna MacNamara. 2. Petitioner's last contact with Defendant was on October 3, 2005 at an office appointment when Petitioner gave substantial legal advice to Respondent. 3. Petitioner has had no contact from Respondent since that time and has been able to contact her by telephone, in writing or otherwise since that time. 4. A Petition has been filed in this action alleging that Respondent left the area, has had no contact her husband or children, and may in fact be incarcerated in San Diego, California, 5. Petitioner is unable to confirm any of this information due to the lack of contact between Petitioner and Respondent. 2 6. Petitioner was representing Respondent pro bono as a referral from MidPenn Legal Services in these proceedings for approximately the past sixteen (16) months. 7. Petitioner has no means of maintaining his representation of Respondent under the present circumstances and therefore desires to withdraw as counsel 8. Opposing counsel, John A, Abom, Esquire, has been provided with a copy of this Petition before filing. WHEREFORE, Petitioners requests your Honorable Court to enter a Rule upon Respondent to Show Cause, if any she has, as to why Petitioner should not be permitted to withdraw as counsel in the above-captioned matter. Date Respectfully submitted, 44wj%@?1t.,G'riffie, Esquire Aft6meyI.D. #34349 GRIME & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 3 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsifications to authorities. DATE: r' e . Gaiffie, Esquire 4 EDWIN J. MACNAMARA, III, Plaintiff V. HEIDI JANNA MACNAMARA, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 04-5764 CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I, Bradley L. Griffie, Esquire, hereby certify that I did, the day of November, 2005, cause a true and attested copy of Petitioner's Petition to Withdraw as Counsel to be served upon Plaintiffs attorney of record by first class mail, postage prepaid at the following addresses: John A. Abom, Esquire Abom & Kutulakis 36 South Hanover Street Carlisle, PA 17013 DATE: // 3 U ?? v? riffie, Esquire `ttor zey for Defendant GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 5 -:. ^? o -,-? ??. ;,. ? ^ G:J ^' l. C?1 -.: i ??; ? iW _ t ,'J ? _ • _,.n 1 CJ ' i:: . Z EDWIN J. MACNAMARA, III, IN THE COURT OF CO Plaintiff CUMBERLAND COUNTY, PA V. : NO. 04-5764 HEIDI JANNA MACNAMARA, CIVIL ACTION - LAW Defendant IN CUSTODY ORDFR AND NOW, the --'C day of l2005 upon presentation and consideration of the within Petition a Rule is hereby issued upon Heidi Janna MacNamara to Show Cause, if any, she has as to why the Request to Withdraw as Counsel filed by Petitioner in the matter should not be permitted. Rule returnable ? days after service by first class mail, postage prepaid to the last known address of Heidi Janna MacNamara. BY THE COURT: J. tribution: Bradley L. Griffie, Esquire Attorneyfor Defendant ,/eidi Janna MacNamara (a) ,,// Defendant ?Jchn A. Abom, Esquire Attorney for Plaint d RE IC V M NOV ? ? 2005 Y-? :., `t ?' _a =- w, ;' ' r: : ? ?? _, -- ?,,, _y ? <? ? _ ??__ <:-, i-?t EDWIN J. MACNAMARA, III, Plaintiff V. HEIDI JANNA MACNAMARi1, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 04-5764 CIVIL ACTION - LAW IN CUSTODY PRAECIPE TO WITHDRAW AND DISMISS TO THE PROTHONOTARY: Please withdraw and dismiss Plaintiff's Petition to Modify Custody in the above-referenced custody action. Date: Respectfully submitted, ABOM& KUTLILAKIS, L.L.P. John A. Mom, Esquire 36 Sou Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney far Plaintiff CERTIFICATE OF SERVICE AND NOW, this ? day of ?? / 2005, I, John A. Abom, Esquire, of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Praecipe to Withdraw and Discontinue the Petition to Modify Custody, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Bradley L. Griffie Griffie & Associates 200 North Hanover Street Carlisle, PA 17013 Heidi MacNamara 247 Plaza Drive Boiling Springs, PA 17007 Respectfully submitted, Abom & Kutulalds, L.L.P. John A. bo , Esquire Attornc?JD No. 77961 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 EDWIN J. MACNAMARA, III, Plaintiff V. HEIDI JANNA MACNAMARA, Defendant NOV t 6 2005 ?/ IN THE COURT OF C NffADN..-PLEAS CUMBERLAND COUNTY, PA NO. 04-5764 CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached Praecipe to Withdraw and Dismiss, it is hereby ordered that Plaintiffs Petition to Modify Custody is withdrawn and dismissed. John A. Abom, Esquire ABOM & KUTULAKIS, L.L.P. 36 South Hanover Street Carlisle, PA 17013 Bradley L. Griffie Griffie & Associates 200 North Hanover Street Carlisle, PA 17013 Heidi MacNamara 247 Plaza Drive Boiling Springs, PA 17007 (( I(1-r 1 0s' DEC 0 72005 Y EDWIN J. MACNAMARA, III, Plaintiff VS. HEIDI JANNA MACNAMARA, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-5764 CIVIL ACTION - LAW IN CUSTODY ORDER AND NOW, this _ L/_ day of December, 2005, the Conciliator being advised that the Plaintiff has withdrawn his Petition to Modify the Custody Order, the Conciliator relinquishes jurisdiction. Hubert X ilroy, Esquire Custod Conciliator i; ?' - C, '?? -? ' - - EDWIN J. MACNAMARA,III : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law : No.5764-2004 HEIDI LAWTON, : (formerly HEIDI MACNAMARA) Defendant : IN CUSTODY PETITION TO MODIFY CUSTODY AND NOW, comes Heidi Lawton by and through her counsel, Michael J. Whare, Esquire and in support of her Petition to Modify Custody avers as follows: Petitioner is Heidi Lawton, hereinafter referred to as "Mother", who resides at 49 North East Street, Apartment 2, First Floor, Carlisle, Cumberland County, Pennsylvania 17013. 2. Respondent is Edwin J. MacNamara, III, hereinafter referred to as "Father", who resides at 538 S. Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are the parents of Delaney MacNamara, born December 12, 2001 and Sienna MacNamara, born August 21, 2003. 4. On November 1, 2005, the Honorable Edgar B. Bayley entered a Temporary Custody Order granting Father sole physical and legal custody of the children. 5. This Order was entered because mother's whereabouts were unknown at the time. 6. Since the entry of said Order, there has been a significant change in circumstances in that: A. Father is using the children in a manipulative fashion. B. For approximately the past three years, Mother and Father have been following a shared custody schedule. C. Mother is best able to provide the care and nurture the children need for healthy development. WHEREFORE, Petitioner respectfully requests this Honorable Court grant modification of the Custody Order as follows: Mother shall have primary physical custody of child subject to periods of partial physical custody in Father as agreed upon by the parties. Respectfully submitted, Date: ?-A Micl Jw, squire 3 7 East Pomfret Street Carlisle, PA 17013 Supreme Ct. Id No. 89028 Attorney for Petitioner EDWIN J. MACNAMARA,III : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law HEIDI LAWTON No.5764-2004 , (formerly HEIDI MACNAMARA) : Defendant : IN CUSTODY VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S § 4904 relating to unsworn falsification to authorities. Date: .. Heidi La n, Petitioner n c y iv W ? ?? J' L O EDWIN J. MACNAMARA, III IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2004-5764 CIVIL ACTION LAW HEIDI LAWTON F/K/A HEIDI MACNAMARA IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, August 19, 2008 , 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 County Courthouse, Carlisle on Friday, September 12, 2008 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Hubert X. Gilroy Esq. 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 infonnation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 SS :C Wd 6 ! SO 0001 SEP 18 2a EDWIN J. MACNAMARA, III, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW HEIDI LAWTON F/K/A HEIDI MACNAMARA, NO. 2004-5764 Defendant IN CUSTODY COURT ORDER AND NOW, this ? day of September, 2008, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. 2 of the Cumberland County Courthouse on the 4-" day o\???, 2008 at ?-45 a.m. At this hearing, the mother shall 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 the history of custody in this case, the issues currently before the Court, a summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, this Court's prior Order providing the father with primary legal and physical custody shall remain in place subject to the following temporary Custody provided to the mother: A. The mother shall have temporary physical custody of the minor children on alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m. This visitation shall commence on September 19. B. Mother shall have custody of the minor children on one evening per week from when the children are off school until 7:30 p.m. If the parties cannot agree on an evening, the evening shall be Wednesday of each week. C. In the event there are any holidays prior to a further Order of Court, the parties shall share equally the holidays pursuant to a schedule arranged between the parties and their legal counsel. cc: " Aichael hn M. Glace, Esquire J. Whare, Esquire P ;as 41-.1210S? i ,? - ce) V EDWIN J. MACNAMARA, III, Plaintiff VS. HEIDI LAWTON F/K/A HEIDI MACNAMARA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2004-5764 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Delaney MacNamara, born December 12, 2001 and, Sienna MacNamara, born August 21, 2003. 2. A Conciliation Conference was held on September 16, 2008, with the following individuals in attendance: The father, Edwin J. MacNamara, with his counsel John M. Glace, Esquire, and the mother, Heidi Lawton, with her counsel, Michael J. Whare, Esquire. 3. There is a prior Order from 2005 giving father sole legal custody of the minor children. Since that time, mother suggests she has been actively involved in the children's life and she is now seeking a shared legal and shared physical custody arrangement. Father denies the mother's assertions and suggests that the children should not have a significant amount of contact with the mother because of a variety of issues. 4. The Conciliator has a conflict in this case and was prepared to reassign the case to another Conciliator. However, it was clear that the parties were not going to reach an agreement and a hearing would be necessary. Accordingly, the Conciliator only spoke with legal counsel for the parties and is prepared to recommend an Order in the form as attached which schedules a hearing and also provides mother with some limited physical custody pending a hearing. 5. The Conciliator recommends an Order in the form as attached. Date: September 16, 2008 MGb6ft X Troy, Esquire Custody 96nciliator