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HomeMy WebLinkAbout05-1674PAULINE M. GALFORD, Plaintiff VS. FRANK M. BETANCOURT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. (? j I( 75? Civil Term :CUSTODY PETITION FOR CUSTODY 1. Plaintiff is Pauline M. Galford, who currently resides at 801 Brian Drive, Enola, Cumberland County, Pennsylvania, 17025. 2. Defendant is Frank M. Betancourt, who currently resides at 9 Rexford Road, Enola, Cumberland County, Pennsylvania, 17025. 3. Plaintiff is the Mother of the following children and seeks custody of the following children: NAME Francisco L. Betancourt, III Lorenzo A. Betancourt Tatiana L. Betancourt DOB ADDRESS 10/6/90 801 Brian Drive Enola, Pa. 17025 5/17/95 801 Brian Drive Enola, Pa. 17025 7/12/98 801 Brian Drive Enola, Pa. 17025 Mother and Father married on September 18, 1993. A Decree in Divorce was entered on February 4, 2003. Mother currently has primary physical custody of the children. During the past five years, the children have resided with the following persons and at the following addresses: NAME ADDRESSES DATES Pauline M. Galford 801 Brian Drive 2003 - present. Diane Miranda Enola, Pa. 17025 (Maternal grandmother) Pauline M. Galford 801 Brian Drive 2000 - 2003 Frank M. Betancourt Enola, Pa. 17025 The mother of the children is: Pauline M. Galford, and she currently resides at 801 Brian Drive, Enola, Pa. 17025. She is divorced. The father of the children is: Frank M. Betancourt, and he currently resides at 9 Rexford Road, Enola, Pa. 17025. He is divorced. 4. The relationship of Plaintiff to the children is that of Mother. The persons that the Plaintiff currently resides with are: the children and her mother, Diane Miranda. 5. The relationship of Defendant to the children is that of Father. The defendant currently resides with his girlfriend Wendy and her three children. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of these children in this or another court other than as follows: On February 4, 2003, a Divorce Decree was entered in Lebanon County Pennsylvania The parties' marriage settlement agreement which included custody provisions was incorporated into this Decree. The custody provisions were not veEY specific and do not reflect the current arrangements between the parties. Lebanon County would not be a proper jurisdiction for this action because neither the children or the parties have ever lived in Lebanon County Pennsylvania. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a parry to the proceedings who has physical custody of the child or anyone who claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: Mother has had primary custody of the children since the parties separated It would be in the best interest of the children to enter an undated court order confirming and specifically defining the custody arrangement. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiff requests the court to grant custody of the children. Respectfully submitted, Date: ? 7?,v 0 Adams, Esquire .D No. 79465 .64 South Pitt Street lisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF 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: 3 - C 05- Pauline A Galford, Pla' iff r?a r"`? c! 7 c :'s C„n3 C) .-ate J 0 _r Ra;T' i'_i PAULINE M. GALFORD PLAINTIFF V. FRANK M.BETANCOURT DEFENDANT IN THE COURT OF COMMON CUMBERLAND COUNTY 05-1674 CIVIL ACTION LAt IN CUSTODY ORDER OF COURT OF VANIA AND NOW,. Friday, April 01, 2005 upon consideration of t e attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. V ?rney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, May 03, 21 for a Pre-Hearing Custody Conference. At such conference, an effort will be made to reso) if this cannot be accomplished, to define and narrow the issues to be heard by the court, any order. All children age five or older may also be present at the conference. Failure to appe provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection Special Relief orders, and Custody orders to the conciliator 48 hours prior to schedu FOR THE COURT, By: /s! Custody Conciliator IS at 9:30 AM e the issues in dispute; or to enter into a temporary r at the conference may om Abuse orders, hearing. The Court of Common Pleas of Cumberland County is required by law to co ply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonabl 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 ust attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE 1 FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association YOU DO NOT OFFICE SET 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ,? ?.? _ ???? s? ?? ,?x? ?`? ?d ? ? ??' ?, .. p?? «> ??, ;?- _. -, }? ?, ?, f', ? ''<' ° ? to . PAULINE M. GALFORD Plaintiff V. FRANK M. BETANCOURT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. 05-1674 PRAECIPE FOR ENTRY OF APPEARANCE Please enter the appearance of SULLIVAN, SULLIVAN & SNELLING, P.C., whose address is 242 South Eighth Street, Lebanon, Pennsylvania as Attorney for Frank M. Betancourt, the Defendant in the above captioned custody action. Dated: (7 US t r? l - Adrienne C. Snelling, squire I.D. #28398 r? c. ? %> .: ? TI c.n r? ? " ? t .,.: ? rT. ?? (.!l _ G'a . ._ PAULINE M. GALFORD, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 05 - 1674 Civil Term FRANK M.BETANCOURT, :CUSTODY Defendant AFFIDAVIT OF SERVICE AND NOW, this April 19, 2005, I, Jane Adams, Esquire, hereby certify that on April 7, 2005, a certified true copy of the CUSTODY COMPLAINT and ORDER SETTING CUSTODY HEARING was served, via certified mail, restricted delivery, return receipt requested, addressed to Frank M. Betancourt 9 Rexford Road Enola, Pa. 17025 DEFENDANT 1. Article Addressed to: Fret n8 vtr) evoA 9 ??orc?R Enoka/ PA 1707-S ¦ Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery Is desired. [B. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mail piece, or on the front if space permits. Name) ? Agent D. Is deNverKaddreas werent from hem t? E3 Yen If YES, enter delivery address below: 13 No 3. Servkerype ,00eNfbd Mall 13 Exgess Melt O Regbisred 0 Return Rsoeptfor Merdrefae 13 insured Mail 0 oA= !. Reashaed Dalvsry? 03msAy O w 2. AmicisNumber 7003 3110 0004 5775 4498 (m'engbr rian aeMre la6df Ps Forth 3811, February 2004 Doessgo Rowe Rsow teaeeseeMgslo Respectfully Submitted: ams, Esquire o.No79465 64 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF RECEIVED MAY 0 4 2(105 PAULINE M. GALFORD, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-1674 CIVIL TERM FRANK M. BETANCOURT, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this -5-6. day of 2005, upon consideration of the attached Custody Conciliation Re ort, it is ordered and directed as follows: 1. The Mother, Pauline M. Galford and the Father, Frank M. Betancourt, shall have shared legal custody of Francisco L. Betancourt, III born October 6, 1990, Lorenzo A. Betancourt, born May 17, 1995 and Tatiana L. Betancourt, born July 12, 1998. Each party shall have an equal right, to be exercised jointly with the other party, 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. This means that both parents shall be entitled to all information from school and medical professionals. 2. The parents shall share physical custody of the children such that Father shall have physical custody of the children every Sunday at 9:00 a.m. to Wednesday at 4:00 p.m. Mother shall have physical custody of the children every Wednesday at 4:00 p.m. to Sunday at 9:00 a.m. 3. Both parties shall be entitled to 15 days vacation of which 2 may be taken during the school year and the remaining 13 during the summer. Neither parent may have the children for more than a total of 14 consecutive days when using vacation days in conjunction with their regularly scheduled days. 4. Thanksgiving shall be shared such that Mother shall always have physical custody of the children from 9:00 a.m. to 3:00 p.m. and Father shall always have physical custody of the children from 3:00 p.m. to 9:00 p.m. 5. The Christmas holiday shall be divided into two Blocks. Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon and Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Mother shall always have physical custody of the children for Block A and Father shall always have physical custody of the children for Block B. ON >. u A - t4_ CJ _? J " G'J 6. Easter shall be shared such that Mother shall always have physical custody of the children from 9:00 a.m. to 3:00 p.m. and Father shall have physical custody of the children from 3:00 p.m. to 9:00 p.m. 7. Mother shall always have custody of the children on Mother's Day from 9:00 a.m. to 5:00 p.m. Both parents shall give the children their medication as prescribed. 9. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, c ane dams, Esquire, Counsel for Mother rienne C. Snelling, Esquire, Counsel for Father 05 9-OS PAULINE M. GALFORD, Plaintiff V. FRANK M.BETANCOURT, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :2005-1674 CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Francisco L. Betancourt, III October 6, 1990 shared Lorenzo A. Betancourt May 17, 1995 shared Tatiana L. Betancourt July 12, 1998 shared 2. A Conciliation Conference was held in this matter on May 3, 2005, with the following individuals in attendance: Mother, Pauline M. Galford, with her counsel, Jane Adams, Esquire and Frank M. Betancourt, with his counsel, Adrienne C. Snelling, Esquire. 3. A prior Order of Court was entered as part of the divorce settlement in Lebanon County, Pennsylvania by the Honorable Robert J. Eby dated February 4, 2003 providing for shared legal and shared physical custody. 4. The parties agreed to the entry of an Order in the form as attached. Date acq line M. Verney, Esquire 61 Custody Conciliator PAULINE M. GALFORD, Plaintiff V. FRANK M. BETANCOURT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 2005 - 1674 Civil Term : IN CUSTODY PETITION FOR SPECIAL RELIEF 1. Plaintiff/Petitioner is Pauline M. Galford, (hereinafter referred to as "Mother"), who currently resides at 801 Brian Drive, Enola, Cumberland County, Pennsylvania, 17025. 2. Defendant/Respondent is Frank M. Betancourt, (hereinafter referred to as "Father"), who currently resides at 9 Rexford Road, Enola, Cumberland County, Pennsylvania, 17025. 3. Mother and Father are the natural parents of the following three children: Francisco L. Betancourt, born October 6, 1990; Lorenzo A. Betancourt, born May 17,1995; and Tatiana L. Betancourt, born July 12, 1998. 4. The parties previously attended a custody conciliation, which resulted in an Order of Court dated May 5, 2005. The custody Order is attached as Exhibit A. 5. The May 5, 2005 custody Order provides that Mother shall have physical custody of the children every Wednesday at 4:00 p.m. through Sunday at 9:00 a.m. 6. Mother recently filed for support and a support conference was held on July 27, 2006. At the support conference, father stated that "his son was moving in with him", although, "it has not happened yet." 7. Shortly after the support Order was entered Father refused to allow the couple's oldest son, Francisco L. Betancourt to stay overnights at Mother's home as provided by the current custody Order. Father only allowed the child to go to Mother's home during the day. 8. Mother has repeatedly requested that the Father return the child in accordance with the current custody Order. 9. Father has refused to abide by the current custody order and recently filed a petition to receive support from Mother based on his unilateral change of the custody arrangements. 10. To mother's knowledge, Father has not filed a Petition for Modification of custody. Rather, Father has attempted to' unilaterally change the custody arrangements. Mother does not agree with these changes. 11. Mother believes that Father's sole motivation for attempting to change the custody arrangements is so that he can avoid support payments. 12. Mother is requesting the following: a. An Order directing that the father follow the current custody order and that Francisco L. Betancourt shall be in her physical custody as provided by the May 5, 2005 custody Order. b. An Order directing that Father should reimburse Mother for additional costs And legal expenses which she has incurred to Father's direct violation of the custody Order. c. An Order which provides that Father shall not be entitled to receive child support for any child which he retains custody of in violation of a custody Order. d. Any other relief that this Honorable Court may deem appropriate. WHEREFORE, Plaintiff requests this Honorable Court enter an Order directly that the child shall be immediately returned to Mother in accordance with the current order as well as any other such relief as this Court may deem appropriate. Respectfully submitted, Date: Q f *6South ms, Esquire 9465 Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PETITIONER PAULINE M. GALFORD RECEIVED MAY 0 ?2W PAULINE M. GALFORD, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-1674 CIVIL TERM FRANK M. BETANCOURT, : CIVIL ACTION - LAW Defendant , IN CUSTODY ORDER OF COURT AND NOW, this day of 2005 u on consideration of the attached Custody Conciliati Report, it is ordered and directed as follows: 1. The Mother, Pauline M. Galford and the Father, Frank M. Betancourt, shall have shared legal custody of Francisco L. Betancourt, III born October 6, 1990, Lorenzo A. Betancourt, born May 17, 1995 and Tatiana L. Betancourt, born July 12, 1998. Each party shall have an equal right, to be exercised jointly with the other party, 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. This means that both parents shall be entitled to all information from school and medical professionals. 2. The parents shall share physical custody of the children such that Father shall have physical custody of the children every Sunday at 9:00 a.m. to Wednesday at 4:00 p.m. Mother shall have physical custody of the children every Wednesday at 4:00 p.m. to Sunday at 9:00 a.m. 3. Both parties shall be entitled to 15 days vacation of which 2 may be taken during the school year and the remaining 13 during the summer. Neither parent may have the children for more than a total of 14 consecutive days when using vacation days in conjunction with their regularly scheduled days. 4. Thanksgiving shall be shared such that Mother shall always have physical custody of the children from 9:00 a.m. to 3:00 p.m. and Father shall always have physical custody of the children from 3:00 p.m. to 9:00 p.m. 5. The Christmas holiday shall be divided into two Blocks. Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon and Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Mother shall always have physical custody of the children for Block A and Father shall always have physical custody of the children for Block B. ' i I I 6. Easter shall be shared such that Mother shall always have physical custody of the children from 9:00 a.m. to 3:00 p.m. and Father shall have physical custody of the children from 3:00 p.m. to 9:00 p.m. 7. Mother shall always have custody of the children on Mother's Day from 9:00 a.m. to 5:00 p.m. i 8. Both parents shall give the children their medication as prescribed. 9. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: Jane Adams, Esquire, Counsel for Mother Adrienne C. Snelling, Esquire, Counsel for Father TRUZ COPY FROM RECUD 10 ifogny whe-red, 1 hpmr unto set my 11a2d lid 5041. pi 4aid :=,' a. hi .,, I.... I= PAULINE M. GALFORD, Plaintiff V. FRANK M. BETANCOURT, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :2005-1674 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Francisco L. Betancourt, III October 6, 1990 shared Lorenzo A. Betancourt May 17, 1995 shared Tatiana L. Betancourt July 12, 1998 shared 2. A Conciliation Conference was held in this matter on May 3, 2005, with the following individuals in attendance: Mother, Pauline M. Galford, With her counsel, Jane Adams, Esquire and Frank M. Betancourt, with his counsel, Adrienne C. Snelling, Esquire. 3. A prior Order of Court was entered as part of the divorce settlement in Lebanon County, Pennsylvania by the Honorable Robert J. Eby dated February 4, 2003 providing for shared legal and shared physical custody. 4. The parties agreed to the entry of an Order in the form as attached. 5'- 3 -v s Date acq line M. Verney, Esquire Custody Conciliator 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 unworn falsification to authorities. Date: ?/ o (o Pauline M. Galford, Petit' er, Mother m _ c.17, t t 1 -r, 7 PAULINE M. GALFORD, Plaintiff V. FRANK M. BETANCOURT, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No. 2005 - 1674 Civil Term IN CUSTODY ORDER OF COURT AND NOW, this b 6 4 day of 2006, a hearing regarding Plaintiffs Petition for Special Relief is scheduled for thei day of .1P7, 2006, at '?.--5e OP.M in Courtroom No. of the Cumberland County Courthouse in Carlisle, Pennsylvania. cc: Jane Adams, Esquire Frank M. Betancourt, Defendant v s._° :. a ?'.. . _ >_ ?' _. .... ?' ? k i i ". .. ???. PAULINE M. GALFORD, Plaintiff V. FRANK M. BETANCOURT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 2005 - 1674 Civil Term : IN CUSTODY PETITION FOR SPECIAL RELIEF 1. Plaintiff/Petitioner is Pauline M. Galford, (hereinafter referred to as "Mother"), who currently resides at 801 Brian Drive, Enola, Cumberland County, Pennsylvania, 17025. 2. Defendant/Respondent is Frank M. Betancourt, (hereinafter referred to as "Father"), who currently resides at 9 Rexford Road, Enola, Cumberland County, Pennsylvania, 17025. 3. Mother and Father are the natural parents of the following three children: Francisco L. Betancourt, born October 6, 1990; Lorenzo A. Betancourt, born May 17,1995; and Tatiana L. Betancourt, born July 12, 1998. 4. The parties previously attended a custody conciliation, which resulted in an Order of Court dated May 5, 2005. The custody Order is attached as Exhibit A. 5. The May 5, 2005 custody Order provides that Mother shall have physical custody of the children every Wednesday at 4:00 p.m. through Sunday at 9:00 a.m. 6. Mother recently filed for support and a support conference was held on July 27, 2006. At the support conference, father stated that "his son was moving in with him", although, "it has not happened yet." 7. Shortly after the support Order was entered Father refused to allow the couple's oldest son, Francisco L. Betancourt to stay overnights at Mother's home as provided by the current custody Order. Father only allowed the child to go to Mother's home during the day. 8. Mother has repeatedly requested that the Father return the child in accordance with the current custody Order. 9. Father has refused to abide by the current custody order and recently filed a petition to receive support from Mother based on his unilateral change of the custody arrangements. 10. To mother's knowledge, Father has not filed a Petition for Modification of custody. Rather, Father has attempted to unilaterally change the custody arrangements. Mother does not agree with these changes. 11. Mother believes that Father's sole motivation for attempting to change the custody arrangements is so that he can avoid support payments. 12. Mother is requesting the following: a. An Order directing that the father follow the current custody Order and that Francisco L. Betancourt shall be in her physical custody as provided by the May 5, 2005 custody Order. b. An Order directing that Father should reimburse Mother for additional costs And legal expenses which she has incurred to Father's direct violation of the custody Order. c. An Order which provides that Father shall not be entitled to receive child support for any child which he retains custody of in violation of a custody Order. d. Any other relief that this Honorable Court may deem appropriate. WHEREFORE, Plaintiff requests this Honorable Court enter an Order directly that the child shall be immediately returned to Mother in accordance with the current Order as well as any other such relief as this Court may deem appropriate. Respectfully submitted, Date: ' sEsquire I./I Ad77794?65 No. 60 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PETITIONER PAULINE M. GALFORD RECEIVED MAY U gyp' PAULINE M. GALFORD, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO.2005-1674 CIVIL TERM FRANK M. BETANCOURT, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, thish day of 1Z , 2005, upon , Frank ordered M. and directed as Betancourt, shall have shared legal custody of Francisco L. Betancourt, III born October 6, 1990, Lorenzo A_ Betancourt, born May 17, 1995 and Tatiana L. Betancourt, born July 12, 1998. Each party shall have an equal right, to be exercised jointly with the other party, 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. This means that both parents shall be entitled to all information from school and medical professionals. follows: consideration 1. of The the attacMother,hed Pauline Custody M. Galford Conciliati and Rtheeport, Father, it is 2. The parents shall share physical custody of the children such that Father shall have physical custody of the children every Sunday at 9:00 a.m. to Wednesday at 4:00 p.m. Mother shall have physical custody of the children every Wednesday at 4:00 p.m. to Sunday at 9:00 a.m. 3. Both parties shall be entitled to 15 days vacation of which 2 may be taken during the school year and the remaining 13 during the summer. Neither parent may have the children for more than a total of 14 consecutive days when using vacation days in conjunction with their regularly scheduled days. 4. Thanksgiving shall be shared such that Mother shall always have physical custody of the children from 9:00 a.m. to 3:00 p.m. and Father shall always have physical custody of the children from 3:00 p.m. to 9:00 p.m. 5. The Christmas holiday shall be divided into two Blocks. Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon and Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Mother shall always have physical custody of the children for Block A and Father shall always have physical custody of the children for Block B. b. Easter shall be shared such that Mother shall always have physical custody of the children from 9:00 a.m. to 3:00 p.m. and Father shall have physical custody of the children from 3:00 p.m. to 9:00 p.m. 7. Mother shall always have custody of the children on Mother's Day from 9:00 a.m. to 5:00 p.m. 8. Both parents shall give the children their medication as prescribed 9. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: Jane Adams, Esquire, Counsel for Mother Adrienne C. Snelling, Esquire, Counsel for Father In' `l astimanv w!r ,reof,. ! 4r r?D, unto sei my iiaG?el PAULINE M. GALFORD, Plaintiff V. FRANK M. BETANCOURT, Defendant PRIOR JUDGE: None IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :2005-1674 CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Francisco L. Betancourt, III October 6, 1990 shared Lorenzo A. Betancourt May 17, 1995 shared Tatiana L. Betancourt July 12, 1998 shared 2. A Conciliation Conference was held in this matter on May 3, 2005, with the following individuals in attendance: Mother, Pauline M. Galford, with her counsel, Jane Adams, Esquire and Frank M. Betancourt, with his counsel, Adrienne C. Snelling, Esquire. 3. A prior Order of Court was entered as part of the divorce settlement in Lebanon County, Pennsylvania by the Honorable Robert J. Eby dated February 4, 2003 providing for shared legal and shared physical custody. 4. The parties agreed to the entry of an Order in the form as attached. 5'- 3 _U s Date acq line M. Verney, Esquire Custody Conciliator 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: ?1 iJ jP Pauline M. Galford, Petit' er, Mother DB PAULINE M. GALFORD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW FRANK M. BETANCOURT, Defendant NO. 05-1674 CIVIL TERM ORDER OF COURT AND NOW, this 2nd day of November, 2006, the petition for special relief is granted. The parties shall forthwith recommence the terms and conditions of the existing custody order absent any agreement to do otherwise or any relief that may be granted on a petition for modification. By the Court, ?111- ar B. Bayley, J. /ane Adams, Esquire For Plaintiff Xank M. Betancourt, pro se 9 Rexford Road Enola, PA 17025 Sheriff prs L.l.... , W',J v µC7 ? E i C ? 1 -, o,7CI ? gyp,} (J.? ?.? w PAULINE M. GALFORD, Plaintiff/Respondent V. FRANK M. BETANCOURT, Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-1674 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDER 1. The Respondent is Pauline M. Galford, who currently resides at 801 Brian Drive, Enola, Cumberland County, PA 17025. 2. The Petitioner is Frank M. Betancourt, who currently resides at 9 Rexford Road, Enola, Cumberland County, PA 17025. 3. Petitioner and Respondent are the parents of the following children: Name DOB Present Residence Francisco L. Betancourt III 10/6/90 801 Brian Dr., Enola, PA 17025 Lorenzo A. Betancourt 5117/95 801 Brian Dr., Enola, PA 17025 Tatiana L. Betancourt 7/12/98 801 Brian Dr., Enola, PA 17025 4. An Order of Court was entered on May 5, 2005, granting the parties shared legal and physical custody of the three minor children. A true and correct copy of that Order is attached as Exhibit "A". 5. Petitioner requests that he obtain primary legal and physical custody of the parties' oldest son, Francisco L. Betancourt III. 6. The best interest and permanent welfare of the child will be served by granting the relief requested because: Francisco L. Betancourt III is a sixteen year old son who wishes to reside with his Father. WHEREFORE, Petitioner requests the court to modify the existing Court Order and to grant primary legal and physical custody of the child, Francisco L. Betancourt III, to him. Respectfully submitted: AA11"Ll P-N drien a C. Snelling, squire Attorney for Defendant/Petitioner SULLIVAN, SULLIVAN & SNELLING, PC 242 South Eighth Street Lebanon, PA 17042 717- 273-1861 ID 28398 VERIFICATION I verify that the statements made in this Petition for Modification of Custody Order 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. Dated: `? Q7 Frank M. Betancourt RECEIVED MAY 047005 PAULINE M. GALFORD, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-1674 CIVIL TERM FRANK M. BETANCOURT, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this ?+?1 day of , 2005, upon consideration of the attached Custody Conciliation port, it is ordered and directed as follows: 1. The Mother, Pauline M. Galford and the Father, Frank M. Betancourt, shall have shared legal custody of Francisco L. Betancourt, III born October 6, 1990, Lorenzo A. Betancourt, born May 17, 1995 and Tatiana L. Betancourt, born July 12, 1998. Each party shall have an equal right, to be exercised jointly with the other party, 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. This means that both parents shall be entitled to all information from school and medical professionals. 2. The parents shall share physical custody of the children such that Father shall have physical custody of the children every Sunday at 9:00 a.m. to Wednesday at 4:00 p.m. Mother shall have physical custody of the children every Wednesday at 4:00 p.m. to Sunday at 9:00 a.m. 3. Both parties shall be entitled to 15 days vacation of which 2 may be taken during the school year and the remaining 13 during the summer. Neither parent may have the children for more than a total of 14 consecutive days when using vacation days in conjunction with their regularly scheduled days. 4. Thanksgiving shall be shared such that Mother shall always have physical custody of the children from 9:00 a.m. to 3:00 p.m. and Father shall always have physical custody of the children from 3:00 p.m. to 9:00 p.m. 5. The Christmas holiday shall be divided into two Blocks. Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon and Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Mother shall always have physical custody of the children for Block A and Father shall always have physical custody of the children for Block B. EXHIBIT 6. Easter shall be shared such that Mother shall always have physical custody of the children from 9:00 a.m. to 3:00 p.m. and Father shall have physical custody of the children from 3:00 p.m. to 9:00 p.m. 7. Mother shall always have custody of the children on Mother's Day from 9:00 a.m. to 5:00 p.m. 8. Both parents shall give the children their medication as prescribed. 9. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: Jane Adams, Esquire, Counsel for Mother Adrienne C. Snelling, Esquire, Counsel for Father and t' se i cf said C rt a ',Pisilc, P Th. .? Ida f.: .. ?.1. rrommotary --- PAULINE M. GALFORD, Plaintiff V. FRANK M. BETANCOURT, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :2005-1674 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Francisco L. Betancourt, III October 6, 1990 shared Lorenzo A. Betancourt May 17, 1995 shared Tatiana L. Betancourt July 12, 1998 shared 2. A Conciliation Conference was held in this matter on May 3, 2005, with the following individuals in attendance: Mother, Pauline M. Galford, with her counsel, Jane Adams, Esquire and Frank M. Betancourt, with his counsel, Adrienne C. Snelling, Esquire. 3. A prior Order of Court was entered as part of the divorce settlement in Lebanon County, Pennsylvania by the Honorable Robert J. Eby dated February 4, 2003 providing for shared legal and shared physical custody. 4. The parties agreed to the entry of an Order in the form as attached. 5'- 3 . ", /4- KA-?-e Date acq line M. Verney, Esquire Custody Conciliator T-0 PAULINE M. GALFORD, Plaintiff/Respondent V. FRANK M. BETANCOURT, Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :NO. 2005-1674 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I, Beth A. Harris, an employee of the law office of SULLIVAN, SULLIVAN & SNELLING, P.C., 242 South Eighth Street, Lebanon, PA, 17042, do hereby certify that I served by U.S. First Class Mail, postage prepaid, on this date, a true and correct copy of the Petition for Modification of Custody Order along with the proposed Order of Court in regard to the above referenced matter to the following: Jane Adams, Esquire 64 South Pitt Street Carlisle, PA 17013 2 Dated: 3 1 ??/Oq C- ? - _ Beth A. Harris --' ..-c ~?. .? T_ --? ? r? r ? '.? -. f``. _ .m _ ,.w+ ??5? ?? .«? ;?* s? . ?. ?? PAULINE M. GALFORD IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-1674 CIVIL ACTION LAW FRANK M.BETANCOURT IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, March 15, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at _ 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, April 18, 2007 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/ ac ueline M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 02, VINVAIASN1N3d c I I Wd 91 BVW Lool 1111,01"llo?1 ?o ?? MAY $a 2007 4 PAULINE M. GALFORD, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-1674 CIVIL ACTION - LAW FRANK M. BETANCOURT, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this day of A U-n ` , 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. , of the Cumberland County Court House, on the '' J day of , 2007, at/ 90 o'clock, 10. M., at which time testimony will taken. For purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Order of Court dated May 5, 2005 shall remain in full force and effect. 3. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. cc: Adrienne C. Snelling, Esquire, counsel for Father Jane Adams, Esquire, counsel for Mother L-/?-o7 BY THE COURT, „ ]d 8 C :Z t4d Z 11,< f LOOZ KdViClil'ile 1""d 3A ?O MAY 2 9 2007 PAULINE M. GALFORD, : IN THE COURT OF COMMON PLEAS OF . Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-1674 CIVIL ACTION - LAW FRANK M. BETANCOURT, Defendant : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Francisco L. Betancourt, III October 6, 1990 Lorenzo a. Betancourt May 17, 1995 Tatiana L. Betancourt July 12, 1998 shared shared shared 2. A Conciliation Conference was held May 29, 2007 with the following individuals in attendance: The Mother, Pauline M. Galford, with her counsel, Jane Adams, Esquire, and the Father, Frank M. Betancourt, with his counsel, Adrienne C. Snelling, Esquire. 3. The Honorable J. Wesley Oler, Jr. previously entered an Order of Court dated May 5, 2005 providing for shared legal custody, and shared physical custody with Mother having four overnights per week and Father having three overnights per week. 4. Father filed a Petition to Modify Custody Order requesting primary physical custody of Francisco L. Betancourt. 5. Father's position on custody is as follows: Father seeks shared legal and primary physical custody of Francisco. Father indicates that the child has requested to reside with him primarily. 6. Mother position on custody is as follows: Mother seeks to maintain the status quo: shared legal custody and shared physical custody of all three children. Mother asserts that Father is pressuring the child to say he wants to live with Father. 7. The Conciliator recommends an Order in the form as attached scheduling a Hearing and maintaining the status quo. It is expected that the Hearing will require one-half day. ,S - JAI Date ? c eline M. Verney, Esquire Custody Conciliator I ) PAULINE M. GALFORD, Plaintiff V. FRANK M. BETANCOURT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 05-1674 CIVIL TERM ORDER OF COURT AND NOW, this 31S` day of August, 2007, upon consideration of the attached letter from Adrienne C. Snelling, Esq., attorney for Defendant, the hearing previously scheduled for September 5, 2007, is CONTINUED GENERALLY. Counsel are directed to notify the Court by motion if a hearing in this matter is required or when a settlement has been reached. BY THE COURT, Jane Adams, Esq. 64 South Pitt Street Carlisle, PA 17013 Attorney for Plaintiff Adrienne C. Snelling, Esq. 242 South Eighth Street Lebanon, PA 17042-6010 Attorney for Defendant &/ Wesley Oler, r., J. :rc =' -? ? ae., ?? ????.w? ?? 08-30-'07 14:85 FROM-SULLIVAN/STEITZ AB 717-273-3126 T-182 P01/01 U-882 SULLI YA , SU •t I VA1V & SNELLING, PC. ROBERT StiL 1VAN ROBERT :SULLIVAN, JR. (1 B'7d-P.0001 ADRIENNE C. SNEUuNC n?u?van/y)mbeomp.cam ANIaRHW J. MORROW cumorrow?llmf.nFs August 30, 2007 VIA FACSIMILE The Honorable J. Wesley Oler, Jr. Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 RE: Gafford v. Bentancourt No. 2005-1674 Dear Judge Oler: The parties in the above custody action have reached an agreement, and will be signing an agreement as soon as it can be prepared and reviewed by both parties. Therefore, with the agreement of Jane Adams, Esq., attorney for the Respondent, Pauline M. Gafford, I am respectfully requesting that this matter be continued until the stipulation can be filed. If you have any questions, please do not hesitate to contact me. Very truly yours, (. 0"V Adrienne C. Snelling ACS/hd cc, Jane Adams, Esq. 242 SOUTH EIGHTH STREET • LEBANON. PA 17042.6010 c7M 273-1861 Noicv M7> 273-3126 (FAX) c ii,10TARY 2910 Fi AR 12 All 3 8: 51 JANE ADAMS ATTORNEY AT LAW Attorney I.D. No. 79465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 esgadams@gmail.com PAULINE M. GALFORD, Plaintiff vs. FRANK M. BETANCOURT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 05 - 1674 Civil Term CIVIL ACTION - LAW IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW, comes Petitioner, Pauline M. Galford, by and through her counsel, Jane Adams, Esquire, and petitions the Court as follows: 1. Pauline M. Galford, Petitioner, (hereinafter referred to as "Mother"), is the Plaintiff in the above-captioned matter, and is an adult individual currently residing at 801 Brian Drive, Enola, Cumberland County, Pennsylvania, 17025. 2. Frank M. Betancourt, Respondent, (hereinafter referred to as "Father") is the Plaintiff in the above-captioned matter, and is currently residing at 9 Rexford Road, Enola, Cumberland County, Pennsylvania, 17025. 3. The parties are the natural parents of the following minor children: Lorenzo A. Betancourt, born May 17, 1995, (age 14) and Tatiana L. Betancourt, born July 12, 1998 (age 11). 4. The parties are subject to an Order of Court which provides that the parties have shared legal custody and shared physical custody. 5. Since the entry of the prior Order, the children have become older. 70"V fd-44 A10 a 3?a_7 6. Since entry of the prior Order, Father has dedicated a substantial amount of time to his employment and his social life and has been unable to spend quality time with the children when they are at his home. 7. A substantial change of circumstances has occurred since the parties' prior agreement and subsequent Order. 8. Mother is requesting that the current custody Order be modified such that the children reside primarily with her, and that the children's schedule with their Father be better tailored to the children's wishes and schedules. 9. It would be in the best interest of the children to modify this Order because a substantial change of circumstances has occurred and the prior agreement and Order do not adequately provide for the children. 10. It is believed and averred that the best interest and permanent welfare of the children will be promoted by changes proposed in this custody petition because the modification will ensure the children's well being. WHEREFORE, Plaintiff requests the court to set a conciliation date to examine issues regarding custody of the children. Respectfully submitted, Date: -5 11011d J'a a Adams, Esquire I No. 79465 17 West South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: ?- /0 -/42 Pauline M. a for titioner JOANNE HARRISON CLOUGH, P.C. By: Joanne Harrison Clough, Esquire Attorney ID. No. 36461 3820 Market Street Camp Hill, PA 17011 717.737.5890 Attorney for Defendant FlLED-Ji-riC? 2019 r-11 i 1'i1 3: 10 7v PAULINE M. GALFORD, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-1674 CIVIL TERM FRANK M. BETANCOURT, : CIVIL ACTION - LAW Defendant : IN CUSTODY : Previously assigned to the Honorable Judge Oler PETITION FOR CONTEMPT OF CUSTODY ORDER AND NOW, this 16`h day of March, 2010, comes Petitioner/Defendant Frank M. Betancourt, by and through her attorney, Joanne Harrison Clough, and respectfully avers as follows: 1. Petitioner Frank M. Betancourt is the natural Father of the minor children, Lorenzo A. Betancourt, born May 17, 1995, age 14 and Tatiana L. Betancourt, born July 12, 1998, age 11. Petitioner Frank M. Betancourt currently resides at 9 Rexford Road, Enola, Cumberland County, PA 17025. 2. Respondent/Plaintiff Pauline M. Galford is the natural mother of the parties' minor children and currently resides at 801 Brian Drive, Enola, Cumberland County, PA 17025. 3. Petitioner Father and Respondent Mother have shared physical and shared legal custody of the parties' minor children pursuant to an agreement initially reached by the parties as part of their comprehensive Settlement Agreement in their divorce action and subsequently by Court Order entered before the Court of Common Pleas of Cumberland County, Pennsylvania, on May 5, 2005. A true and correct copy of said Custody Order is attached hereto, made part of and incorporated by reference as Petitioner Father's Exhibit No. 1. 4170.00 po Am arp- 55Yo "a39 03'1 4. Pursuant to the current Custody Order, the parties have shared physical and shared legal custody of the children and Petitioner Father has physical custody of the children every Sunday at 9:00 a.m. to Wednesday at 4:00 p.m. and Mother has physical custody of the children every Wednesday at 4:00 p.m. until Sunday at 9:00 a.m. 5. The parties have been following the May 5, 2005 Custody Order and it is the last Court Order in effect regarding the custody of the minor children in this action. 6. On Sunday, March 7, 2010 Respondent Mother Pauline M. Galford violated the May 5, 2005 Custody Order by refusing to permit Petitioner Father to take the children for his period of physical custody when he arrived at her residence at 801 Brian Drive, Enola, Cumberland County, Pennsylvania 17025, and instead, sent the parties' minor son, Lorenzo, out to Petitioner Father's vehicle and had him inform his Father that the children were not coming for their period of physical custody with their Father and that the children were not coming "ever again" for his periods of physical custody. 7. On or about, March 10, 2010, Petitioner Father retained legal counsel who immediately forwarded correspondence to Respondent Mother specifically advising her that Petitioner Father would be picking the children up for his regular period of shared physical custody on Sunday, March 14, 2010 and further notifying Respondent Mother that if she failed to provide the children to Petitioner Father at said time, Petitioner Father would have no choice but to Petition the Court for Contempt. A true and correct copy of said March 10, 2010 correspondence is attached hereto, made part of and incorporated by reference as Petitioner Father's Exhibit No. 2. 8. On March 14, 2010, Petitioner Father drove to Respondent Mother's residence and was again denied physical custody of the children and the children were not produced or provided to him. 9. In addition, on or about March 7, 2010, while Father was at the grocery store, prior to driving to Respondent Mother's to pick the children up for his period of shared physical custody, Petitioner Father is of the belief and therefore avers that the minor children and/or Respondent Mother entered his residence and removed numerous items of personal property including the children's trophies, ribbons and medals, and some of their clothing without Petitioner Father's knowledge or permission. Petitioner Father therefore believes and avers that it is Respondent Mother's intention not to permit the children to return to Father's residence for his periods of shared physical custody. 10. On March 15, 2010 when Petitioner Father went to the Prothonotary's office in Cumberland County to obtain a copy of the last Custody Order entered in his action, he learned that Respondent Mother had filed a Petition for Modification of Custody Order on or about March 12, 2010. A true and correct copy of said Petition to Modify Custody is attached hereto, made part of and incorporated by reference as Petitioner Father's Exhibit No. 3. 11. In Mother's Petition for Modification, she is seeking a change in custody for the following reasons: a. "the children have become older"; and b. She claims that Father "has dedicated a substantial amount of time to his employment and his social life and has been unable to spend quality time with the children when they are at his home"; and c. She claims "a substantial change of circumstances has occurred since the parties' prior agreement and subsequent Order". 12. None of the allegations set forth in Respondent Mother's Petition for Modification of Custody provide any factual averments or allegations that would warrant Respondent Mother unilaterally changing or denying Father his periods of shared physical custody with the children pending a hearing on this matter and yet Mother continues to refuse to produce or provide the children for Father's periods of shared physical custody. 13. Petitioner Father by and through his legal counsel attempted to avoid the necessity of petitioning the Court for Contempt by forwarding the March 10, 2010 correspondence to the children's Mother; however, Respondent Mother has failed and refused to permit Father to resume his periods of shared physical custody. 14. Respondent Mother's blatant violation of the Court Order of May 5, 2005 and her refusal to permit the children to attend their periods of shared physical custody with their Father or have any contact with him has caused Father to incur counsel fees, costs and expenses as a direct result of Mother's violation of the previous Custody Order and claim is made therefore. 15. This custody action was previously assigned to Judge Oler. 16. Petitioner's counsel contacted Respondent's counsel Jane Adams regarding her intent to file this Petition for Contempt. 17. Respondent Mother is not permitting telephone access by Petitioner Father and is alienating him from his children. WHEREFORE, Petitioner Father Frank M. Betancourt respectfully requests this Honorable Court issue an Order directing Respondent Pauline M. Galford to immediately comply with the May 5, 2005 Custody Order, return any and all of the children's personal property that was removed from Petitioner's residence and grant Petitioner Father an award of all reasonable counsel fees, costs and expenses he incurred as a direct result of Respondent Mother's failure to abide by the shared physical custody Order, and grant any further relief this Court deems appropriate. Respectfully submitted, HARRISON CLWIGH, PC Date: Attorney ID No.: 36461 3820 Market Street Joanne Harrison Clough, ?skuire Camp Hill, PA 17011 (717) 737-5890 Attorney for Petitioner Frank M. Betancourt CERTIFICATE OF SERVICE I, Joanne Harrison Clough, Esquire, do hereby certify that on this date I served a copy of the foregoing document via Facsimile and by United State First Class Mail to the following individual set forth below: VIA FACSIMILE: 241-2456 Jane Adams, Esquire 17 W. South Street Carlisle, PA 17013 Date: 3- `\"s Joanne Harrison Clough,?E uire Attorney ID No. 36461 ?J 3820 Market Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Frank M. Betancourt VERIFICATION I, Frank Betancourt, hereby verify and state that the facts set forth in the foregoing pleading are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn verification to authorities. DATE:,3 - I,s'- i v Frank Betancourt RECEIVED MAY 0 4 2005' PAULINE M. GALFORD, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-1674 CIVIL TERM FRANK M. BETANCOURT, : CIVIL ACTION - LAW Defendant : IN CUSTODY ORDER OF COURT AND NOW, this ?+? day of `MA I JZ , 2005, upon consideration of the attached Custody Conciliation port, it is ordered and directed as follows: 1. The Mother, Pauline M. Galford and the Father, Frank M. Betancourt, shall have shared legal custody of Francisco L. Betancourt, III born October 6, 1990, Lorenzo A. Betancourt, born May 17, 1995 and Tatiana L. Betancourt, born. July 12, 1998. Each party shall have an equal right, to be exercised jointly with the other party, 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. This means that both parents shall be entitled to all information from school and medical professionals. 2. The parents shall share physical custody of the children such that Father shal I have physical custody of the children every Sunday at 9:00 a.m. to Wednesday at 4:00 p.m. Mother shall have physical custody of the children every Wednesday at 4:00 p.m. to Sunday at 9:00 a.m. 3. Both parties shall be entitled to 15 days vacation of which 2 may be taken during the school year and the remaining 13 during the summer. Neither parent may have the children for more than a total of 14 consecutive days when using vacation days in conjunction with their regularly scheduled days. 4. Thanksgiving shall be shared such that Mother shall always have physical custody of the children from 9:00 a.m. to 3:00 p.m. and Father shall always have physical custody of the children from 3:00 p.m. to 9:00 p.m. 5. The Christmas holiday shall be divided into two Blocks. Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon and Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Mother shall always have physical custody of the children for Block A and Father shall always have physical custody of the children for Block B. EXHIBIT 6. Easter shall be shared such that Mother shall always have physical custody of the children from 9:00 a.m. to 3:00 p.m. and Father shall have physical custody of the children from 3:00 p.m. to 9:00 p.m. 7. Mother shall always have custody of the children on Mother's Day from 9:00 a.m. to 5:00 p.m. 8. Both parents shall give the children their medication as prescribed. 9. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: lane Adams, Esquire, Counsel for Mother Adrienne C. Snelling, Esquire, Counsel for Father TROE In ab nsry vii?_rt ?f, and t. sal of said Q Th. ...(da3? -- Prothtfttary. ?-' PAULINE M. GALFORD, Plaintiff V. FRANK M. BETANCOURT, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :2005-1674 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Francisco L. Betancourt, III October 6, 1990 shared Lorenzo A. Betancourt May 17, 1995 shared Tatiana L. Betancourt July 12, 1998 shared 2. A Conciliation Conference was held in this matter on May 3, 2005, with the following individuals in attendance: Mother, Pauline M. Galford, with her counsel, Jane Adams, Esquire and Frank M. Betancourt, with his counsel, Adrienne C. Snelling, Esquire. 3. A prior Order of Court was entered as part of the divorce settlement in Lebanon County, Pennsylvania by the Honorable Robert J. Eby dated February 4, 2003 providing for shared legal and shared physical custody. 4. The parties agreed to the entry of an Order in the form as attached. A • - 3 -6 sk?-? Date Acq line M. Verney, Esquire Custody Conciliator JOANNE HARRISON CLOUGH, PC ATTORNEY AND COUNSELOR AT LAW 3820 MARKET STREET CAMP HILL, PENNSYLVANIA 17011 717-737-5890 TELEFAX 717-737-5892 Joanne Harrison Clough. Esquire Email: ihcloughQ-comcast.net Website: www jharrisonclough.com March 10, 2010 Pauline M. Galford 801 Brian Drive Enola, PA 17025 Re: Violation of Custody Order Dear Ms. Galford: Please be advised that I have been retained by Frank M. Betancourt to represent him regarding your continued violation of the Custody Order which specifically provides that Mr. Betancourt has physical custody of Lorenzo and Tatiana every week from 9:00 a.m. Sunday through 4:00 p.m. on Wednesday. It is my understanding that you not only failed to release the children to Frank on Sunday morning when he arrived at your residence to pick them up for his period of physical custody, but that you took or permitted the children to go to his residence early Sunday morning while he was grocery shopping and had them remove their trophies, ribbons, medals and a significant portion of their clothing from his home. YOU ARE HEREBY ON NOTICE THAT IF YOU DO NOT SEND THE CHILDREN FOR THEIR PHYSICAL CUSTODY WITH THEIR FATHER THIS SUNDAY, MARCH 14, 2010 AND RETURN THE ITEMS YOU PERMITTED THEM TO REMOVE FROM HIS HOME, I WILL FILE A PETITION FOR CONTEMPT OF COURT AND SEEK AN AWARD OF COUNSEL FEES, COSTS AND EXPENSES FROM YOU. Although you may have repeatedly unilaterally failed to follow the Court Order in the past, please do not make the mistake of ignoring this Notice. You have no legal right to withhold the children from my client and he had the right under the Custody Order to have physical custody of Lorenzo and Tatiana and you are to produce them on Sunday for his next period of physical custody. As Judge Oler told Mr. Betancourt the last time this matter was before the Court, neither party has the right to unilaterally change the physical custody schedule. My client fully intends to enforce his rights to have his periods of shared physical custody with his son and Pauline M. Galford March 10. 2010 Page two daughter. Your decision to take this action after receiving notice from Domestic Relations certainly makes your motivation appear suspect. I trust the children will be available at 9:00 am Sunday morning for their three overnights with their father. If you have legal counsel please take this letter to him or her at once. JHC/pc RE)-4oFrul THE PF01'H.(",%1M0TARY 2010 MAR 12 Ail 8: 51 LANE ADAMS ATTORNEY AT LAW Attorney I.D. No. 79465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 esgadams®gmail.com PAULINE M. GALFORD, Plaintiff vs. FRANK M. BETANCOURT, Defendant ,w CUMI&n..:: ; I : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 05 - 1674 Civil Term CIVIL ACTION - LAW IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW, comes Petitioner, Pauline M. Gafford, by and through her counsel, Jane Adams, Esquire, and petitions the Court as follows: 1. Pauline M. Galford, Petitioner, (hereinafter referred to as "Mother"), is the Plaintiff in the above-captioned matter, and is an adult individual currently residing at 801 Brian Drive, Enola, Cumberland County, Pennsylvania, 17025. 2. Frank M. Betancourt, Respondent, (hereinafter referred to as "Father") is the Plaintiff in the above-captioned matter, and is currently residing at 9 Rexford Road, Enola, Cumberland County, Pennsylvania, 17025. 3. The parties are the natural parents of the following minor children: Lorenzo A. Betancourt, born May 17, 1995, (age 14) and Tatiana L. Betancourt, born July 12, 1998 (age 11). 4. The parties are subject to an Order of Court which provides that the parties have shared legal custody and shared physical custody. 5. Since the entry of the prior Order, the children have become older. 70-,90 pd,4 Aff a 30x`7 6. Since entry of the prior Order, Father has dedicated a substantial amount of time to his employment and his social life and has been unable to spend quality time with the children when they are at his home. 7. A substantial change of circumstances has occurred since the parties' prior agreement and subsequent Order. 8. Mother is requesting that the current custody Order be modified such that the children reside primarily with her, and that the children's schedule with their Father be better tailored to the children's wishes and schedules. 9. It would be in the best interest of the children to modify this Order because a substantial change of circumstances has occurred and the prior agreement and Order do not adequately provide for the children. 10. It is believed and averred that the best interest and permanent welfare of the children will be promoted by changes proposed in this custody petition because the modification will ensure the children's well being. WHEREFORE, Plaintiff requests the court to set a conciliation date to examine issues regarding custody of the children. Respectfully submitted, Date: 1011d dale Adams, Esquire No. 79465 17 West South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Date: Pauline M. a , titioner PAULINE M. GALFORD IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. FRANK M. BETANCOURT 1:)EFF.\DANT 2005-1674 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, i Tuesday, March 16, 2010 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, April 08, 2010 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing;. FOR THE COURT, By: _ls/ JacqueAne M. Vernev Es Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the schedules{ 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 iLE' 4ir r py 2a10 t''iA€t 16 F o co- r p ?t a C.'e- PAULINE M. GALFORD PLAINTIFF V. FRANK M. BETANCOURT DFFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2005-1674 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monda , March 22, 2010 _ upon consideration of the attached Complaint, it is hereby directed that parties and the r respective counsel appear before Jacqueline M. Verney, Esq. the conciliator, at 4th Floor Cumberland County ourthouse, Carlisle on Monday, April 26, 2010 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 defin and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conferee e may provide grounds for entry of a temporary or permanent order. The court hereby directs the p rties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody or ?ers to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ ac ueline M. Verne Es . Custody Conciliator The Court of Common Ple s of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For in rmation about accessible facilities and reasonable accommodations available to disabled individuals havi ng business before the court, please contact our office. All arrangements must be made at least 72 hours prior o any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE T IS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANN T AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT W ERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 "Telephone (717) 249-3 166 E 2010 1,1 3 Pil 1:04 Cb? U U ? Son 44) LoR ?,? -1 lxc-,e-? %- <\ pr" wyAct i APR U -9 2010 PAULINE M. GALFORD, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-1674 CIVIL ACTION - LAW FRANK M. BETANCOURT, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this day of , Q ' L-, 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. , of the Cumberland County Court House, on the day of , 2010, at ? 3 L) o'clock, _: M., at which time testimony will be t yen. For purposes of this Hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Order of Court dated May 5, 2005 shall remain in full force and effect. 3. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, esley Oler,1T ., J. 1 cc: J Adams, Esquire, counsel for Mother oanne Harrison Clough, Esquire, Counsel for Father 1 ?S rn?cc_?,_,,, 2 G? ??1 cr, PAULINE M. GALFORD, Plaintiff V. FRANK M. BETANCOURT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2005-1674 CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Lorenzo A. Betancourt May 17, 1995 shared Tatiana L. Betancourt July 12, 1998 shared 2. A Conciliation Conference was held April 8, 2010 with the following individuals in attendance: The Father, Frank M. Betancourt, with his counsel, Joanne Harrison Clough, Esquire, and the Mother, Pauline M. Galford, with her counsel, Jane Adams, Esquire. 3. The Honorable J. Wesley Oler, Jr. previously entered an Order of Court dated May 5, 2005 providing for shared legal custody and shared physical custody. Father filed a Petition for Contempt and Mother filed a Petition for Modification 4. Father's position on custody is as follows: Father seeks a continuation of the current custody order and a finding of contempt against Mother. Father asserts that when he requested a reduction in child support, Mother stopped transferring physical custody to Father pursuant to the Order of Court. Father believes Mother is alienating the children against him. Father maintains that Mother removed personal items belonging to the children from his home. Father seeks attorney's fees and costs and a return of the children's personal items and a resumption of the shared physical custody schedule. 5. Mother's position on custody is as follows: Mother seeks shared legal custody and primary physical custody with Father having alternating weekends. She L asserts that the children do not want to spend time with Father and that Father is not home during the time that the children are in his physical custody. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and maintaining the status quo. It is expected that the Hearing will require one day. lf-S' i o Date J cq line M. Verney, Esquire Custody Conciliator !~` ~ ' Y JOANNE HARRISON CLOUGH, P.C. By: Joanne Harrison Clough, Esquire Attorney ID. No. 36461 3820 Market Street Camp Hill, PA 17011 717.737.5890 Attorney for Defendant '' 2QID ~~JL 1-+ ~' ~ ~~ z~i c~;rz1j _ ~~_a~~;~ r~~ tl~~` ~' i ~ ` i;; ~=~ PAULINE M. GALFORD, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. N0.2005-1674 CIVIL TERM FRANK M. BETANCOURT, CIVIL ACTION -LAW Defendant IN CUSTODY Previously assigned to the Honorable Judge Oler MEMORANDUM OF FRANK M. BETANCOURT FOR CUSTODY TRIAL SCHEDULED FOR JULY 22, 2010 AND NOW, this ~ ~~ day of July, 2010, comes the Defendant/Respondent Frank M. Betancourt, by and through his attorney, Joanne Harrison Clough, Esquire, and files this Memorandum as directed by this Court's Order of April 11, 2010 and avers as follows: I. Defendant Father's position on custody: Defendant Father Frank M. Betancourt desires the parties to continue to have shared physical and shared legal custody of their minor children, Tatianna L. Betancourt, born July 12, 1998, age 12, and Lorenzo A. Betancourt, born May 17, 1995, age 15. The parties have had shared physical and legal custody of the children since they separated. The shared physical and shared legal custodial agreement was included in the parties' Property Settlement Agreement signed by the parties on January 30, 2003 and incorporated in to their Divorce Decree entered in Lebanon County, Pennsylvania. On May 5, 2005, Cumberland County Court entered a Custody Order after a Conciliation Conference confirming the shared legal and physical custody schedule of the parties. On March 6, 2010, Mother unilaterally violated the shared physical custody portions of the Order and stopped permitting the children to go to their Father's residence for any periods of his shared physical custody upon receiving notice that Father had filed a Petition to reduce his child support since the oldest child was 18 and now in college. Defendant Father filed a Petition for Contempt of Custody on March 17, 2010 requesting the Court hold Mother in Contempt of Court for violating the May 5, 2005 Custody Order. Shortly after filing the Petition for Contempt, Defendant Father was served with a copy of a Petition for Modification of Custody which had been filed by Mother on March 12, 2010. A Custody Conciliation Conference was held before Jackie Verney on March 23, 2010 at which time Mother was directed to immediately commence following the physical custody schedule. Petitioner Mother is seeking a modification of the Custody Order and seeking primary physical custody of the children. Plaintiff Mother has demonstrated a repeated pattern of engaging in activities in an attempt to alienate the children's affection from their Father and is non-supportive of their relationship with him. Father believes it is in the best interest and permanent welfare of the children that he continue to have shared physical custody of the children so that his relationship with them will not be estranged. The children have a loving relationship with their Father which was stressed in March of 2010 when Mother shared inappropriate adult information with the children in a further attempt to alienate the children from their Father. Father believes it would be in the best interest and the permanent welfare of the children to modify the shared physical custody schedule from the current overnight schedule where the children switch households two times in one week to a week on/week off physical custody schedule so the children only need to switch households one time each week. Father requests that the new physical custody schedule run from Friday to Friday and that the custody exchange take place on after school on Friday's when school is in session, and run to the following Friday. When school is in session the children would simply go home to the other parent's home to commence their week of custody. If it is a school holiday or school is not in session, then the receiving party shall provide transportation. The parties reside in the same school district and live approximately 500 yards from each other. II. Witnesses• Frank M. Betancourt: He will testify to the recent problems in March of 2010 when Mother unilaterally ceased following the Custody Order and denied him any physical custody access to his children which resulted in his need to file a Petition for Contempt. He will further testify regarding Mother's pattern of repeatedly sharing inappropriate legal and adult custody information with the children in an attempt to alienate the children from their father. Father will also testify to other actions Mother has repeatedly taken where she has spoken of Father in a derogatory and false manner, all which are contrary to the best interest and permanent welfare of the children. 2. David Leer: Friend and co-worker of Father. He will testify regarding his observations of Father and children in social settings and Father's parenting ability. He will also testify that Father's availability to exercise shared physical custody of his children is not being impeded by his work schedule. 3. Cathy Leer: Friend and wife of co-worker of Father. She will also testify to social interactions she has had with Father and the minor children and her observations of how the family unit functions when the children are in Father's care. 4. Carlos Perez: Former roommate and friend of Defendant Father, who resided with the Father and resided with the children during Father's periods of partial custody for approximately 8 months and can provide testimony regarding his first had observations of the children and their Father interacting as a loving family unit and Father's dedication to his children and his availability to them during his periods of custody. 5. Stacy Eldaubert: Stacy will testify to personal observations of the children and their interaction with their Father and the children's relationship with their Father as it relates to their relationship with their Mother. III. Father's Petition for Contempt: A Petition for Contempt was filed by Father in this action on March 17, 2010 and it is anticipated will also be addressed at this proceeding. Father believes the evidence will clearly show Mother was in Contempt of the Court Order of May 5, 2005 and denied Father any meaningful physical custodial access from March 2, 2010 until May 3, 2010 when the Custody Conciliator, Jackie Verney, directly instructed Mother to immediately commence following the physical custody scheduled set forth in the May 5, 2005 Court Order. Father missed approximately two months of his periods of shared physical custody and Mother should be held in contempt for this blatant violation of his parental rights and interference with his custodial access to his children. Father also incurred counsel fees, costs and expenses as a result of Mother's willful violation of the Custody Order and Mother should be held in contempt and Ordered to reimburse Father for $1,000.00 in counsel fees and expenses he incurred as a direct result of her behavior. Father also requests some type of make up time for the physical custody that he was denied as a result of Mother's contempt of the Court Order of May 5, 2005. Date: ~ -I~-~~ Respectfully submitted, JOANNE HARRISON CL~UGH, PC Joan1~1-Iarrison Clou Esquire Attorney ID No.: 364 3820 Market Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Frank M. Betancourt CERTIFICATE OF SERVICE . I, Joanne Harrison Clough, Esquire, do hereby certify that on this date I served a copy of the foregoing document to the following individual set forth below: By United States First Class Mail to: Cumberland County Prothonotary's Office Cumberland County Courthouse One Courthouse Square Carlisle, Pa 17013 The Honorable Wesley J. Oler, Jr. Judge Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Jane Adams, Esquire, 17 W. South Street Carlisle, PA 17013 Date:~~~ Joanne~arrison C Attorney ID No. 36461 3820 Market Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Frank M. Betancourt a -, w ,,,~ ~ 4 2010 ,,~,. PAULINE M. GALFORD, Plaintiff vs. FRANK M. BETANCOURT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 05 - 1674 Civil Term CIVIL ACTION -LAW IN CUSTODY ORDER OF COURT AND NOW, this day of _~ , 2010, upon consideration of the within Petition, Jane Adams, Esquire, counsel for Plaintiff, is permitted to withdraw as counsel for Pauline M. Galford. BY THE COURT: cc: Joanne Harrison Clough, Esquire ~ Jane Adams, Esquire ~ Pauline M. Galford, Plaintiff ~p~~s ~a~~ed 7~i~~o /~ c~ o _; c= a -~, : _ ,._;- ~' -~ ~;-: ~: _ - --'.a _ fy j ~ ~- -_..s ~ k=~ ~~~~ ~` 2010 J1L 2J ~]~i I!~~ r i ,, , Law Office of Bryan S. ' Attorney I.D. No. 63881 523 W. Chocolate Avem Hershey, PA 17033 (717)533-9040 Pauline M. Galford, Plaintiff Frank M. Betancourt, Defendant alk Suite 1500 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 05-1674 IN CUSTODY AND NOW, this 20`" day of July, 2010, comes the Plaintiff, by and through her attorney, Bryan S. Walk, Esquire, and respectfully requests this Honorable Court grant this Motion for Continuance and in sup~or 1. A custody h ari before this H n 2. On or about ri Plaintiff reg d' 3. On or about ul granted pe is~ 4. Undersigned Cc this matter. thereof avers the following: regarding the above mentioned matter is currently scheduled ble Court on Thursday, July 22, 2010 at 9:30 a.m. July 16, 2010 Undersigned Counsel was contacted by the ing representation for this custody matter. y 14, 2010 the Plaintiff's former counsel, Jane Adams, Esquire was to withdraw as counsel for the Plaintiff. has not had sufficient time in which to prepare for a hearing on 5. Due to the fact that Undersigned Counsel has just been retained, Undersigned Counsel is r spectfully requesting a continuance for the custody hearing scheduled for July 22, 010. 6. Undersigned) Counsel has spoken with Joanne Clough, Esquire, Counsel for the Defendant WHEREFORE, grant his Motion for she does not oppose this request to continue the custody hearing. Counsel is respectfully requesting this Honorable Court Respectfully Submitted, ~~~'~__ Bry alk I .# 63881 523 W. Chocolate Avenue, Suite 1500 Hershey, PA 17033 (717) 533-9040 Pauline M. Gafford, Plaintiff Frank M. Betancourt, Defendant I hereby certify Motion for Continuance below as the last known addressed as follows: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 05-1674 IN CUSTODY CERTIFICATE OF SERVICE on the 20`h day of July, 2010, a true and correct copy of the within served by first class United States Mail upon the person named ess, in accordance with the applicable Rules of Procedure, Joanne Harrison Clough, Esquire 3820 Market Street Camp Hill PA 17011 i~~,~~ Bry S: Walk, Esquire I. .# 63881 523 W. Chocolate Avenue, Suite 1500 Hershey, PA 17033 (717) 533-9040 '!F 2610 J;~4 ~~ ~;~11~~ i c,~; ~~, ~;[', PAM, ,~~~ t~ Law Office of Bryan S. Walk Attorney I.D. No. 63881 523 W. Chocolate Avenue, Suite 1500 Hershey, PA 17033 (717) 533-9040 Pauline M. Gafford, , Plaintiff ; Frank M. Betancourt, , Defendant , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 05-1674 IN CUSTODY PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Bryan S. Walk, Esquire, 523 West Chocolate Avenue, Suite 1500, Hershey, Pennsylvania, 17033, as attorney for Pauline M. Gafford, Plaintiff, in the above-reference matter. Date: ~~~~~~ Respectfully Submitted S' Walk, Esquire ~~ , ~~ •. -; . 2010 ..':jam ~u ~ ~' ~= 4g Law Office of Bryan S. Walk Attorney I.D. No. 63881 523 W. Chocolate Avenue, Suite 1500 Hershey, PA 17033 (717)533-9040 JUL 2 p 2010 ~ Pauline M. Galford, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO.: 05-1674 Frank M. Betancourt, IN CUSTODY Defendant . ORDER OF COURT AND NOW, this a ~ day of July, 2010, upon presentation and consideration of the within Motion for Continuance, it is hereby ORDERED that said Motion is granted and the Custody Hearing presently scheduled for Thursday, July 22, 2010 at 9:30 a.m. is continued and shall be heard on ,the ~/~-- day of ~DZ~.v~-~~,~~t~, 2010 at ` (~ a.m./ BY THE COURT: J. )OJVes7ey Oler, J Distribution: Chambers of J. Welsey Oler, Jr., Judge /~r3'an S. Walk, Esquire, 523 W. Chocolate Ave, Ste 1500, Hershey, PA 17033 /Joanne Harrison Clough, Esquire, 3820 Market Street, Camp Hill, PA 17011 ~d'~ ` PAULINE M. GALFORD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW FRANK M. BETANCOURT, Defendant NO.OS-1674 CIVIL TERM ORDER OF COURT AND NOW, this 3`d day of November, 2010, upon agreement of counsel, the hearing previously scheduled for November 3, 2010, is rescheduled to Monday, March 28, 2011, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, ~an S. Walk, Esq. 523 W. Chocolate Avenue Suite 1500 Hershey, PA 17033 Attorney for Plaintiff Joanne Harrison Clough, PC 3 820 Market Street Camp Hill, PA 17011 Attorney for Defendant :rc I~FrS /1~L~~l~L~--~ //~3~Id ~`/I ~~ ' ~ ~:_ ~E i ~n -~ -..aA w `~ r; ~ ' °-n c-~ ~c~ ~.. - ~c7 ~, c ~ 0 ~m -a -~ ~, ~;, ~ PAULINE M. GALFORD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW FRANK M. BETANCOURT, 2005-1674 CIVIL TERM Defendant IN CUSTODY ORDER OF COURT AND NOW, this 28th day of March, 2011, upon consideration of Defendant's Petition for Contempt and Plaintiff's Petition To Modify Custody and following a hearing held on this date, the record is declared closed and the matter is taken under advisement. By the Court, Bryan S. Walk, Esquire 523 Chocolate Avenue, STE 1500 Hershey, Pennsylvania 17033 For the Plaintiff ? Joanne Harrison Clough, Esquire 3820 Market Street Camp Hill, Pennsylvania 17011 For the Defendant oopio M '41,111 64 c C ..g3 ? --? Zrn `-v ? 2= ?' -vcz C5d 0 a° -a 31-n ra V, CD pcb PAULINE M. GALFORD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION ? _o FRANK M. BETANCOURT, Defendant NO. 2005-1674 CIVIL TERM C/)-r° b IN RE: PLAINTIFF'S PETITION FOR MODIFICATION t: --n r, "D `*i OF CUSTODY and DEFENDANT'S PETITION FOR CONTEND BEFORE OLER, J. ORDER OF COURT AND NOW, this 31" day of March, 2011, upon consideration of Plaintiff's Petition for Modification of Custody and Defendant's Petition for Contempt of Custody Order, and following a hearing held on March 28, 2011, it is ordered and directed as follows: 1. With respect to Defendant's Petition for Contempt of Custody Order, and the Court finding that Plaintiff intentionally, voluntarily and willfully failed to comply with the terms of the existing custody order, Plaintiff is adjudicated in contempt. The sanction of the court is that Plaintiff, within 60 days of the date of this order, pay a fine to the use of the county in the amount of $500.00 and attorney's fees to Defendant in the amount of $870.00. 2. With respect to Plaintiff's Petition for Modification of Custody Order, and based upon the court's view as to the best interests of the parties' children, Lorenzo A. Betancourt (d.o.b. May 17, 1995) and Tatiana L. Betancourt (d.o.b. July 12, 1998), at this time, it is ordered and directed as follows: a. Legal custody of the children shall be shared by the parties. Each party shall have an equal right, to be exercised jointly with the other party, 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. Both parties shall be entitled to all information from school and medical professionals. b. With respect to Lorenzo A. Betancourt, the parties shall share physical custody on an alternating weekly basis, from Sunday at noon until Sunday at noon. With respect to Tatiana L. Betancourt, Plaintiff shall have primary physical custody and Defendant shall have partial or temporary physical custody on alternating weekends from Friday at 6:00 p.m. until Sunday at noon, said weekends to coincide with periods when Defendant also has custody of Lorenzo A. Betancourt. c. Notwithstanding the foregoing physical custody terms, (1) Both parties shall be entitled to 15 days vacation with the children, of which two may be taken during the school year and the remaining 13 during the summer. Neither parent may have the children for more than a total of 14 consecutive days when using vacation days in conjunction with his or her regularly scheduled days. (2) Thanksgiving shall be shared such that Plaintiff shall always have physical custody of the children from 9:00 a.m. to 3:00 p.m. and Defendant shall always have physical custody of the children from 3:00 p.m. to 9:00 p.m. (3) The Christmas holiday shall be divided into two Blocks. Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon and Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Plaintiff shall always have physical custody of the children for Block A and Defendant shall always have physical custody of the children for Block B. (4) Easter shall be shared such that Plaintiff shall always have physical custody of the children from 9:00 a.m. to 3:00 p.m. and Father shall have physical custody of the children from 3:00 p.m. to 9:00 p.m. (5) Plaintiff shall always have custody of the children on Mother's Day from 9:00 a.m. to 5:00 p.m., and Defendant shall always have custody of the children on Father's Day from 9:00 a.m. to 5:00 p.m. d. Both parties shall give the children their medication as prescribed. e. Nothing herein is intended to preclude the parties from deviating from these custodial terms by mutual agreement. BY THE COURT, Bryan S. Walk, Esq. 523 West Chocolate Avenue Suite 1500 Hershey, PA 17033 Attorney for Plaintiff Joanne Harrison Clough, Esq. 3 820 Market Street Camp Hill, PA 17011 Attorney for Defendant HaJoct OW4-111-14NI( 06