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HomeMy WebLinkAbout05-2306MAGGIE RAE SARVER, IN THE COURT OF COMMON PLEAS C Plaintiff CUMBERLAND COUNTY, PENNSYLV V. : NO. 05- ,?-?,-)(o CIVIL TERM TIM CONNORS, Defendant : CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Maggie Rae Sarver, hereinafter referred to as Mother. Mother's residence is 208 Westminster Avenue, Hanover, York County, Pennsylvania 17331. 2. The defendant is Tim Connors, hereinafter referred to as Father. Father resides ?t 409 Miller Avenue, New Cumberland, Cumberland County, Pennsylvania 17070. 3. Mother seeks custody of the minor child: Name Present Residence Age Lucien Connors 409 Miller Ave 09/29/04 DOB, 7 mths New Cumberland, PA 17070 The child, Lucien, was born out of wedlock. The child is presently in the custody of Father. During his lifetime, Lucien has resided with the following persons and at the addresses: Name Address Date Maggie Rae Sarver Tim Connors Mya Sarver Madyson Sarver Tim Connors 409 Miller Ave. Birth to 4/21/05 New Cumberland, PA 17070 409 Miller Ave. 4/21/05-present New Cumberland, PA 17070 The parties were never married and no longer live together. 4. Mother currently resides with the following persons: Name Relationship Christina Tyson Friend Linda Tyson Friend's step-mother James Tyson Friend's father Loretta Tyson Friend's grandmother Mya Sarver Daughter Madyson Sarver Daughter 5. Father currently resides with the following persons: Name Lucien Connors Relationship Son with Mother 6. Mother has not participated as a party or witness, or in another capacity, inl other litigation concerning the custody of Lucien in this or another court. 7. Mother has no information of a custody proceeding concerning Lucien pending in a court of this Commonwealth. 8. Mother does not know of a person not a party to the proceedings who has custody of Lucien or claims to have custody or visitation rights with respect to Lucien. 9. The best interest and permanent welfare of Lucien will be served by granting th? relief requested for reasons including, but not limited to the following: a) Since Lucien was born, Mother has been the sole provider for Locien's emotional, physical, educational, and medical needs and provides al stable home environment for Lucien. b) Mother is the parent who can best facilitate any interaction between Lucien to ensure they maintain a fatherison relationship. c) Lucien has already developed a strong relationship with his half-sisters,) and Madyson. The three children have been together since Lucien was and it is important to maintain that family unit. d) Lucien was hospitalized in the isolation unit of Harrisburg Hospital April 5`h - April 8`t' 2005. Mother remained at the hospital Lucien's hospitalization while Defendant's only extended visit was prior to Lucien being discharged. e) Father has not acted in Lucien's best interest in ways including but not to the following: i) Father took Lucien at the end of April 2005, and has not Mother to see him or know his whereabouts. ii) Father threatens that he will not allow Mother to see she signs custody papers that he has drafted giving him custody of Lucien. iii) Lucien had a follow-up appointment scheduled for April 22, to ensure appropriate recovery from his hospitalization. cancelled the appointment and took the child with him to Pennsylvania, insisting that it was in the child's best interest. iv) Lucien has never been away from Mother for an extended of time. Mother fears that Father's actions in keeping from her is traumatic, stressful and unhealthy for him. V) Father did not help care for Lucien's daily needs and that he is unable to provide the appropriate and necessary an infant's day-to-day care. day until away fears for 11. Every person with rights to custody or having actual physical custody of Lucien been named as parties to this action. WHEREFORE, Mother requests this Court to grant her the following relief. 1) Grant the parties shared legal custody of Lucien. 2) Grant Mother primary physical custody of Lucien. 3) Grant Father periods of partial custody based on agreeme4t of the parties. 4) Grant the parties an appropriate custody schedule so thak the parties can spend time with the child on holidays. 5) Any further relief that this Court finds to be just and proper. JessiY1 Diamondstone Attorney for Plaintiff Mid Penn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VERIFICATION The above-named PLAINTIFF, MAGGIE RAE SARVER, verifies the statements made in the above complaint For custody are tru and correct. Plaintiff understands that false statements herei are made subject to the penalties of 18 Pa. C.S. §4904, relati to unsworn falsification to authorities. Date: 5?5. /(Y, D_ RAE SARVER MAGGIE RAE SARVER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVAN TIM CONNORS, V. NO. 05- CIVIL TERM Defendant CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Jessica Diamondstone, do hereby swear that I served Tim Connors with a Com laint For Custody on l'? ?'1 U-?A 2005 by certified mail, return receipt, restricted deliv ry, to the person and address below Tim Connors 409 Miller Avenue New Cumberland, PA 17070 I, Jessica Diamondstone, verify that the statements made in this Affidavit of true and correct. I understand that false statements herein are made subject to the Pa.C.S. Section 4904 relating to unworn falsification to authorities. l q ,V' Date: Signature: are of I8 ?? ~ 3 [1 ('1f T? ? r? y ' a of c. L ti,J _f. 7 71 ?? ?? :3 ?? ? ?7 . ?? \ MAGGIE RAE SARVER, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY PENNSYLVANIA V5. (ro No. 05- 3 tivIL TERM TIM CONNORS, Defendant /Respondent . IN CUSTODY PETITION FOR SPECIAL RELIEF Petitioner, Maggie Rae Sarver, by and through her counsel, Jessica of MidPenn Legal Services, states the following: 1. Petitioner is the above-named Plaintiff, hereinafter referred to as Mother, who resides at 208 Westminster Avenue, Hanover, York County, Pennsylvania, 17311. 2. Respondent is the above-named Defendant, who resides at 409 Miller Avenue, New Cumberland, Cumberland County, Pennsylvania, 17070. 3. The parties are the natural and biological parents of the minor child, Lucien Connors, born September 29, 2004. 4. Mother, her two biological daughters, Defendant and the minor child, Lucien Connors, resided at the 409 Miller Avenue address until April 2005, when Defendant took Lucien from the home and told Mother to leave. 5. Mother has not seen Lucien since April 21, 2005, when Defendant took the to Dubois, Pennsylvania, while Mother was at school. When Defendant left, he had been babysitting Mother's two daughters and he left them alone in the home until Mother returned from class at 10:00 p.m. 6. Defendant has threatened Mother that unless she agrees to his terms regarding custody and unless she signs papers that he has drafted, she will not be allowed see Lucien, r 7. Defendant is not acting in Lucien's best interest for reasons including, but not limited to, the following: a. Defendant took Lucien from Mother in a deceitful mariner, leaving late night while Mother was at school and leaving two minor children unsupervised in the home. b. Defendant refused to tell Mother where he was taking the child and returning to the local area with Lucien, he has refused to allow Mother contact with the child. Mother believes that when Defendant returned to the local area, he stayed with his parents before returning to the that the parties had shared. c. Lucien has never been away from Mother for any extended amount of time and Defendant does not know how to provide the necessary and appropriate day-to-day care required for an infant child. d. From April 5, 2005 until April 8, 2005, Lucien was hospitalized in the isolation unit at Harrisburg Hospital.. During that time, Mother stayed at the hospital while Defendant's only extended visit was the day before the child was discharged. e. On April 22, 2005, Lucien had a follow-up appointment to track the progress of his recovery. Defendant took Lucien on Thursday, April 21, 2005, and cancelled the appointment, insisting that taking the child to DuBois, Pennsylvania was in the child's best interest. f. Throughout the pregnancy, Mother had medical difficulties. The doctors advised the parties that Lucien should not be exposed to cigarette smoke. Despite these admonitions, Defendant allows Lucien to be exposed to cigarette smoke. 8. Mother is the parent who can best provide for Lucien for reasons including, not limited to, the following: a. Mother is presently able to provide for Lucien by giving him a and stable home environment and providing for his emotional, physical, medical and educational needs. b. Since Lucien's birth, Mother is the person who has provided for his needs and has done so without assistance from Defendant. c. Mother can best facilitate and maintain any contact between Lucien and Defendant. 9. Mother requests that the Court grant shared legal and primary physical custody the child to her and grant Defendant periods of partial physical custody at times agreed upon by the parties. 10. Without this Court's intervention, Mother and Lucien are at risk of irreparable harm by being denied contact with each other. 11. It is unknown whether Defendant has legal counsel and, therefore, there has not been an attempt to request concurrence for the relief requested. WHEREFORE, Mother respectfully requests that the Court order the following: a. That Defendant is ordered to immediately return the child to Mother. b. That the Court order the police to facilitate the transfer of custody pursuant to the Court Order. c. The parties shall have shared legal custody of the child. d. Mother shall have primary physical custody of the child. e. Defendant shall have periods of partial physical custody at times agreed upon the parties. f. Any other relief this court deems just and proper. Respectfully 77- -Jessica Di mondstone Attorney for Plaintiff/ Petitioner MidPenn Legal Services 8 Irving Row Carlisle, PA 17013 VERIFICATION The above-named PLAINTIFF, MAGGIE RAE SARVER, verifies hat the statements made in the above PETITION FOR SPECIAL RELIEF re true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: Maaaie Sarver MAGGIE RAE SARVER, Plainuff/Petitioner vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA No. 05- Civu TERM TIM CONNORS, Defendant /Respondent IN CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Jessica Diamondstone, do hereby swear that I served Tim Connors with a Petition for Special Relief on - U 2005 by certified mail, return receipt, restricted delivery, to the person and address below: Tim Connors 409 Miller Avenue New Cumberland, PA 17070 I, Jessica Diamondstone, verify that the statements made in this Affidavit of Service are true and correct. I understand that false statements herein are made subject the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: ?Q ^? Cxv; Signature: n )F= _ F d MAGGIE RAE SARVER, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLV TIM CONNORS, To the Prothonotary: V. NO. 05- 2304 CIVIL TERM Defendant : CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS Kindly allow, Maggie Rae Sarver, Plaintiff, to proceed in forma an uperis. I, Jessica Diamondstone, attorney for the party proceeding in forma ap uperis, certilfy that I believe the party is unable to pay the costs and that I am providing free legal services to the ply. Jessica Diamondstone Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 r? O ?- J L 7 -11 C_ ?_ T r> ? :1 J9 :? > a -y?i K' ; (-) y ?Yl ;4' ;a .?- ;{ ?_. cx? RECEIVED MAY 0 51005v, MAGGIE RAE SARVER, : IN THE COURT OF COMMON PLEAS OF Plaintiff TIM CONNORS, CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05- /<3(0L CIVIL TERM Defendant CUSTODY ORDER OF COURT AND NOW, this G.1day of a?upon consideration of the Petition For Speci 1 Relief, tI e-fe0e n inn ar&f -- ------ 4-:; r? r t tt ' r ta, rPr„ r? t 'ta__?laintifE C- 611, a custo y o the child. sica custody o child. pa is p ysica custo y o t e c imes parties. J. Jessica Diamondstone, Esquire MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 Tim Connors, pro se Defendant 409 Miller Avenue New Cumberland, PA 17070 . M1-J ?. . li .'. i z _, _? , C. . ,i ?.. p ", CT', '. r ; ? „ -r . ?, , ? MAGGIE RAE SARVER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005-2306 CIVIL TERM TIM CONNORS, Defendant CUSTODY ORDER OF COURT AND NOW, this 10th day of May, 2005, by agreement of the parties, the following Temporary Order shall control pending conciliation in this matter: 1. The parties shall have joint legal custody of their child, Lucien Connors, born September 29, 2004. 2. The parties shall have shared physical custody of the child on a week-on/week-off basis, with the exchange to be made on Monday evenings at 5:30 p.m. at the CLN parking lot in Mechanicsburg. ,<T'e-ssica Diamondstone, Esquire For the Plaintiff Fo V L 6?11R111 rk F. Bayley, Esquire For the Defendant srs By the Court, 1. E ?'? i.,'.i i 7 E ??f? ??'?v MAGGIE RAE SARVER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY. PENNSYLVANIA V. TIM CONNORS DEFENDANT 05-2306 CIVIL, ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, May 11, 2005 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, June 02, 2005 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: is/jacqueElne M. Verney, Esq. yv 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 most 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 so 61 y YRECEIVED AUG 04 i MAGGIE RAE SARVER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 2005-2306 CIVIL TERM TIM CONNORS, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT el? AND NOW, this J day of 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The prior Order of Court dated May 10, 2005 is hereby vacated. 2 The Mother, Maggie Rae Sarver, and the Father, Tim Connors, shall have shared legal custody of Lucien Connors, born September 24, 2004. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. 2. The parents shall have shared physical custody of the child on a week ontweek off basis. Father's week of physical custody shall begin Friday, August 5, 2005 at 12:00 noon. The exchange day and time is Friday at 12:00 noon. 3. Transportation shall be shared such that the parties or their designee shall exchange custody at the Giant grocery store located along Rt. 15 in Dillsburg. 4. Father shall have a psychiatric or psychological evaluation performed by a licensed individual in the state of Pennsylvania. The professional's qualifications shall be submitted to the Conciliator prior to the evaluation. The evaluation shall be submitted only to the Conciliator for review. The Conciliator shall not release the evaluation or the results or recommendations thereof to anyone. The parties agree that the evaluation is not discoverable for any use whatsoever, in any subsequent hearing or conciliation conference or otherwise. 5. The parties shall communicate only regarding custody arrangements for the child. If a party is unavailable, the party shall leave a specific message which the other party may respond to by voicemail. 6. 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. Another Conciliation Conference is scheduled for September 21, 2005 at 1:30 p.m. BY Edward E. Guido, J. crt;,Msssica Diamondstone, Esquire, Mid Penn Legal Services, Counsel for Mother ark F. Bayley, Esquire, Counsel for Father o$ [ j I ? ? ? ?n ? ,_il I! vu MAGGIE RAE SARVER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :2005-2306 CIVIL TERM TIM CONNORS, : CIVIL ACTION - :LAW Defendant IN CUSTODY PRIOR JUDGE: Edward E. Guido, 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Lucien Connors September 29, 2004 shared 2. A Conciliation Conference was held in this matter on August 3, 2005, with the following individuals in attendance: The Mother, Maggie Rae Sarver, with her counsel, Jessica Diamondstone, Esquire, Mid Penn Legal Services and Father, Tim Connors, with his counsel, Mark F. Bayley, Esquire. 1 The Honorable Edward E. Guido entered a prior Order of Court dated May 10, 2005, pursuant to a Petition for Special Relief providing for shared legal and shared physical custody. 4. The parties agreed to the entry of an Order in the form as attached. Date ac eline M. Verney, Esquire Custody Conciliator nine/ t 5 2005 MAGGIE RAE SARVER, : IN THE COURT OF COMM04k=E- F- - Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. TIM CONNORS, Defendant : NO. 2005-2306 CIVIL TERM : CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 4?fx day of 0 ffe4006 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated August 5, 2005 shall remain in full force and effect with the following modifications. 2. Beginning November 27, 2005 the exchange day and time shall be Sunday at 4:00 p.m. 3. Holidays: A. Thanksgiving: Mother shall have physical custody of the child for Thanksgiving 2005 from 9:00 a.m. to 8:00 p.m. Thereafter, Father shall have physical custody of the child every Thanksgiving. B. Christmas shall be divided into two Blocks. Block A shall be from 12:00 noon on Christmas Eve to 12:00 noon on Christmas Day. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Mother shall have Block A in odd numbered years and Block B in even numbered years. Father shall have Block A in even numbered years and Block B in odd numbered years. C. Mother's Day/Father's Day: Mother shall have physical custody of the child on Mother's Day and Father shall have physical custody of the child on Father's Day both at times as agreed by the parties. D. Halloween: Mother shall always have physical custody of the child on October 31. E. New Year's: Mother shall always have physical of the child on New Year's Eve. Father shall always have physical custody of the child on New Year's Day. F. Easter shall be shared and alternated from 9:00 a.m. to 3:00 p.m. and 3:00 p.m. to 9:00 p.m. Father shall have the earlier time in even numbered years and the later time in odd numbered years. Mother shall have the earlier time in odd numbered years and the later time in even numbered years. G. Memorial Day, July 0 and Labor Day shall be alternated with Father having Memorial Day in 2006. H. Child's Birthday: The parties shall share the child's birthday at times agreed by the parties. 4. In the event that either party is in need of a babysitter for a weekend, they shall contact the non-custodial parent and offer said time to that parent, except that Mother is relieved from this obligation if her parents are available to baby sit for the weekend. 5. 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: Jessica Holst, Esquire, Mid Penn Legal Servic , Counsel for Mother Mark F. Bayley, Esquire, Counsel for Father ifs 1 _ l_0 :cC II; { v ',r'iu'JJ)Z r,',I 5 20(15 MAGGIE RAE SARVER, :IN THE COURT OF COMMON-PLEA -- Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. TIM CONNORS, Defendant :2005-2306 CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Edward E. Guido, 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 Child who is the subject of this litigation is as follows: NAME Lucien Connors DATE OF BIRTH CURRENTLY IN CUSTODY OF September 29, 2004 shared 2. A Conciliation Conference was held in this matter on November 15, 2005, with the following individuals in attendance: The Mother, Maggie Rae Sarver, with her counsel, Jessica Holst, Esquire, Mid Penn Legal Services and Father, Tim Connors, with his counsel, Mark F. Bayley, Esquire. 3. The Honorable Edward E. Guido entered a prior Order of Court dated August 5, 2005, 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 Custody Conciliator STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT LITIA R. CONNER, : IN THE COURT OF COMMON PLEAS OF formerly MAGGIE RAE SARVER,: CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : CIVIL ACTION - LAW TIM CONNORS, : NO. 2005-2306 CIVIL TERM Defendant : CUSTODY PETITION FOR SPECIAL RELIEF AND NOW comes the Petitioner, Tim Connors, by his attorney, Stacy B. Wolf, Esquire, and files this petition for special relief respectfully representing as follows: 1. The plaintiff is Litia Conner, formerlyMaggie Rae Sarver, an adult individual with an unknown residence in or near West Chester, Pennsylvania. 2. The defendant is Tim Connors, an adult individual who resides at 6406 Glenwood Street, Mechanicsburg, PA 17050 and who has resided at this address for more than one and one-half years. . 3. The plaintiff and defendant are the natural parents of one minor child, namely. N= Present Residence -Agr. Lucien Connors Unknown 4 years D.O.B. 9/29/2004 4. The child is presently the subject of an Order for Custody issued August 5, 2005 by the Honorable Edward E. Guido, providing for shared legal custody and shared physical custody of the child on a week on/week off basis. A true and correct copy of the order of which modification is sought is attached hereto as Exhibit "A." 5. The child is also the subject of an Order for Custody entered November 21, 2005 by the Honorable Edward E. Guido, establishing a holiday schedule. A true and correct copy of this order is attached hereto as Exhibit "B." 6. Mother relocated to or near West Chester, Pennsylvania with the child in or around early October, 2008 without providing prior notice to or obtaining the consent of Father and without petitioning this Court for permission to relocate. Father was unaware of this situation until approximately early November, 2008. To date, despite repeated requests from Father, Mother has not provided Father with the address of the residence where she and the child are residing. 7. Despite the provisions in the August 5, 2005 Order providing that custody exchanges will take place at the Giant in Dillsburg, Mother is now demanding that custody exchanges take place in Lancaster, Pennsylvania. 8. Father believes and therefore avers that it would be in the best interests of the child for this Court to issue an Order for Special Relief, directing Mother to return the child to the jurisdiction and to grant temporary primary physical custody to Father and shared legal custody of the child to the parties pending the opportunity for a hearing before the Court on the permanent custody of the child. 9. Father has, simultaneously with the filing of the instant Petition, also filed a Petition for Modification of Custody with the Court. 10. Mother is unstable, has been neglecting the child's medical and dental care including not ensuring the child has his necessary immunizations, the child exhibits behavior problems and disrespect toward women when he returns from Mother's household, and Father has concerns the child is being physically hit by Mother, his half sisters, and the child reports also by Mother's boyfriend. 11. Father has a wonderful job at Northwestern Human Services Autism School where he works with Autistic children and has regular school day hours. 12. The child will be starting school this fall, and Father believes it would be in the child's best interests to attend school at Cumberland Valley School District, which is where the child would attend if residing with Father. 13. Due to Father's work schedule, he will be available to care for the child every afternoon, evening, and week end during the hours the child is not in school. 14. Father seeks primary physical and shared legal custody of the child and maintains a stable household in which he could provide for the medical, educational, emotional and physical needs of the child in a stable, safe, and nurturing environment. 15. The best interests of the child would be served by this Court granting the relief requested herein due to the fact that Mother has completely disregarded the August 5, 2005 Court Order, providing that the parties have shared legal custody, by relocating with the child without the consent of Father or prior Court approval, due to the fact the child's needs have been neglected and his permanent welfare is at risk if he remains in the custody of Mother. WHEREFORE, Petitioner, Tim Connors, prays this Honorable Court enter a Temporary Custody Order directing Respondent, Litia Conner, to return the child to this jurisdiction, and granting temporary primary physical custody of the child to Petitioner/Father pending the opportunity for a hearing before the Court on the. permanent custody of the child, granting periods of visitation to Respondent/Mother, and continuing shared legal custody of the child with the parties pending further Order of Court, and directing the Court Administrator to schedule an expedited hearing to address the issues raised in this matter. Respectfully submitted, Dated: December / ? , 2008 Stacy B. W lf, Esquire 10 West High Street Carlisle, PA 17013 Supreme Court I.D. No. 88732 (717) 241-4436 Attorney for Defendant 'RECEIVED AUG C 4 805 copy i w t.Py as MAGGIE RAE SARVER, : IN THE COURT OF COMMON PLEAS OF vvvvv . Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-2306 CIVIL TERM TIM CONNORS, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT .AND NOW, this day of , 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The prior Order of Court dated May 10, 2005 is hereby vacated. 2 The Mother, Maggie Rae Sarver, and the Father, Tim Connors, shall have shared legal custody of Lucien Connors, born September 29, 2004. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. 2. The parents shall have shared physical custody of the child on a week on/week off basis. Father's week of physical custody shall begin Friday, August 5, 2005 at 12:00 noon. The exchange day and time is Friday at 12:00 noon. 3. Transportation shall be shared such that the parties or their designee shall exchange custody at the Giant grocery store located along Rt. 15 in Dillsburg. 4. Father shall have a psychiatric or psychological evaluation performed by a licensed individual in the state of Pennsylvania. The professional's qualifications shall be submitted to the Conciliator prior to the evaluation. The evaluation shall be submitted only to the Conciliator for review. The Conciliator shall not release the evaluation or the results or recommendations thereof to anyone. The parties agree that the evaluation is not discoverable for any use whatsoever, in any subsequent hearing or conciliation conference or otherwise. 5. The parties shall communicate only regarding custody arrangements for the child. If a party is unavailable, the party shall leave a specific message which the other party may respond to by voicemail. 6. 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 B(H19? i „A4/ consent. In the absence of mutual consent, the terms of this Order shall control. Another Conciliation Conference is scheduled for September 21, 2005 at 1:30 p.m. BY Edward E. Guido, cc: Jessica Diamondstone, Esquire, Mid Penn Legal Services, Counsel for Mother Mark F. Bayley, Esquire, Counsel. for Father TIKu O ?Y on f Its snai cl sa` J. ".. oth notary MAGGIE RAE SARVER, Plaintiff V. TIM CONNORS, Defendant PRIOR JUDGE: Edward E. Guido, 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: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :2005-2306 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Lucien Connors September 29, 2004 shared 2. A Conciliation Conference was held in this matter on August 3, 2005, with the following individuals in attendance: The Mother, Maggie Rae Sarver, with her counsel, Jessica Diamondstone, Esquire, Mid Penn Legal Services and Father, Tim Connors, with his counsel, Mark F. Bayley, Esquire. 3. The Honorable Edward E. Guido entered a prior Order of Court dated May 10, 2005, pursuant to a Petition for Special Relief providing for shared legal and shared physical custody. 4. The parties agreed to the entry of an Order in the form as attached. Date ac eline M. Vern/e?y, E(s/quire Custody Conciliator Nn?? y 2Q(15 MAGGIE RAE SARVER, IN THE COURT OF COMM Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-2306 CIVIL TERM TIM CONNORS, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this 4RX day of 0 , 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated August 5, 2005 shall remain in full force and effect with the following modifications. 2. Beginning November 27, 2005 the exchange day and time shall be Sunday at 4:00 p.m. Holidays: A. Thanksgiving: Mother shall have physical custody of the child for Thanksgiving 2005 from 9:00 a.m. to 8:00 p.m. Thereafter, Father shall have physical custody of the child every Thanksgiving. B. Christmas shall be divided into two Blocks. Block A shall be from 12:00 noon on Christmas Eve to 12:00 noon on Christmas Day. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Mother shall have Block A in odd numbered years and Block B in even numbered years. Father shall have Block A in even numbered years and Block B in odd numbered years. C. Mother's Day/Father's Day: Mother shall have physical custody of the child on Mother's Day and Father shall have physical custody of the child on Father's Day both at times as agreed by the parties. D. Halloween: Mother shall always have physical custody of the child on October 31. E. New Year's: Mother shall always have physical of the child on New Year's Eve. Father shall always have physical custody of the child on New Year's Day. F. Easter shall be shared and alternated from 9:00 a.m. to 3:00 p.m. and 3:00 p.m. to 9:00 p.m. Father shall have the earlier time in even numbered years and the later time in odd numbered years. Mother shall have the earlier time in odd numbered years and the later time in even numbered years. G. Memorial Day, July 4'h and Labor Day shall be alternated with Father having Memorial Day in 2006. H. Child's Birthday: The parties shall share the child's birthday at times agreed by the parties. 4. In the event that either party is in need of a babysitter for a weekend, they shall contact the non-custodial parent and offer said time to that parent, except that Mother is relieved from this obligation if her parents are available to baby sit for the weekend. 5. 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. Co unsel for Mother cc: Jessica Hoist, Esquire, Mid Penn Legal Servf Mark F. Bayley, Esquire, Counsel for Father ?t"? 1--t1 Y ( f ifs Edward E. Guido, J. Ij 1_0 ;V 1 ! 1 Z, ,',ri., SDJ? 1 MAGGIE RAE SARVER, : IN THE COURT OF COMMON ---? Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. TIM CONNORS, Defendant :2005-2306 CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Edward E. Guido, 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Lucien Connors September 29, 2004 shared 2. A Conciliation Conference was held in this matter on November 15, 2005, with the following individuals in attendance: The Mother, Maggie Rae Sarver, with her counsel, Jessica Holst, Esquire, Mid Penn Legal Services and Father, Tim Connors, with his counsel, Mark F. Bayley, Esquire. 3. The Honorable Edward E. Guido entered a prior Order of Court dated August 5, 2005, 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 Custody Conciliator VERIFICATION I, the undersigned, do hereby verify that the facts set forth in this petition are true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. December, 2008 Tim Connors STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT LITIA R. CONNER, : IN THE COURT OF COMMON PLEAS OF formerly MAGGIE RAE SARVER,: CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. TIM CONNORS, : CIVIL ACTION - LAW Defendant :NO. 2005-2306 CIVIL TERM : CUSTODY CERTIFICATE OF SERVICE I, Stacy B. Wolf, Esquire, attorney for Defendant, do hereby certify that I have served a copy of the foregoing Petition for Special Relief upon the following individual by postage prepaid mail, addressed as follows: Jessica Hoist, Esquire MidPenn Legal Services 401 E. Louther Street, Suite 103 Carlisle, PA 17013 Respectfully submitted, Stacy B. lf, Esquire Attorney for Defendant Date: December 16, 2008 l W _ •'. cr cri y 1 Y STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT LITIA R. CONNER, : IN THE COURT OF COMMON PLEAS OF formerly MAGGIE RAE SARVER: CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : CIVIL ACTION - LAW TIM CONNORS, : NO. 2005-2306 CIVIL TERM Defendant : CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW comes the Petitioner, Tim Connors, by his attorney, Stacy B. Wolf, Esquire, and files this petition for modification of custody, respectfully representing as follows: 1. The plaintiff/ respondent is Litia Conner, formerly Maggie Rae Sarver, an adult individual with an unknown residence in or near West Chester, Pennsylvania. 2. The defendant/petitioner is Tim Connors, an adult individual who resides at 6406 Glenwood Street, Mechanicsburg, PA 17050 and who has resided at this address for more than one and one-half years. 3. The plaintiff and defendant are the natural parents of one minor child, namely: Na= Present Residence Agg Lucien Connors Unknown 4 years D.O.B. 9/29/2004 4. The child is presently the subject of an Order for Custody issued August 5, 2005 by the Honorable Edward E. Guido, providing for shared legal custody and shared physical custody of the child on a week on/week off basis. A true and correct copy of the order of which modification is sought is attached hereto as Exhibit "A." 5. The child is also the subject of an Order for Custody entered November 21, 2005 by the Honorable Edward E. Guido, establishing a holiday schedule. A true and correct copy of this order is attached hereto as Exhibit "B." 6. Father seeks a modification of custody based upon developments that have occurred since the issuance of said custody orders. 7. Mother relocated to or near West Chester, Pennsylvania with the child in or around early October, 2008 without providing prior notice to or obtaining the consent of Father and without petitioning this Court for permission to relocate. Father was unaware of this situation until approximately early November, 2008. To date, despite repeated requests from Father, Mother has not provided Father with the address of the residence where she and the child are residing. 8. Father has, simultaneously with the filing of the instant Petition, also filed a Petition for Special Relief with the Court seeking temporary primary physical and shared legal custody of the child. 9. Mother is unstable, has been neglecting the child's medical and dental care including not ensuring the child has his necessary immunizations, the child exhibits behavior problems and disrespect toward women when he returns from Mother's household, and Father has concerns the child is being physically hit by Mother, his half sisters, and the child reports also by Mother's boyfriend. 10. Father has a wonderful job at Northwestern Human Services Autism School where he works with Autistic children and has regular school day hours. 11. The child will be starting school this fall, and Father believes it would be in the child's best interests to attend school at Cumberland Valley School District, which is where the child would attend if residing with Father. 12. Due to Father's work schedule, he will be available to care for the child every afternoon, evening, and week end during the hours the child is not in school. 13. The best interest and permanent welfare of the child will be served by granting the relief requested because Father will be able to provide for the child's medical, educational, emotional and physical needs in a stable, safe, and nurturing environment. 14. The best interests and permanent welfare of the child would be served by this Court issuing an Order granting primary physical custody of the child to Father. WHEREFORE, Petitioner, Tim Connors, prays this Honorable Court enter an Order granting primary physical custody of the child to Petitioner/Father, granting periods of visitation to Respondent/Mother, and granting shared legal custody of the child to both parties and any additional relief as the Court deems appropriate. Respectfully submitted, Dated: December / 2009 Stacy B. off, Esquire 10 West High Street Carlisle, PA 17013 Supreme Court I.D. No. 88732 (717) 241-4436 Attorney for Defendant 1__(s co11y MAGGIE RAE SARVER, . Plaintiff V. TIM CONNORS, Defendant -YRECEIVED AUG 0 4 200! copy : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2005-2306 CIVIL TERM : CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this S day of A--? , 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The prior Order of Court dated May 10, 2005 is hereby vacated. 2 The Mother, Maggie Rae Sarver, and the Father, Tim Connors, shall have shared legal custody of Lucien Connors, born September 29, 2004. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. 2. The parents shall have shared physical custody of the child on a week on/week off basis. Father's week of physical custody shall begin Friday, August 5, 2005 at 12:00 noon. The exchange day and time is Friday at 12:00 noon. 3. Transportation shall be shared such that the parties or their designee shall exchange custody at the Giant grocery store located along Rt. 15 in Dillsburg. 4. Father shall have a psychiatric or psychological evaluation performed by a licensed individual in the state of Pennsylvania. The professional's qualifications shall be submitted to the Conciliator prior to the evaluation. The evaluation shall be submitted only to the Conciliator for review. The Conciliator shall not release the evaluation or the results or recommendations thereof to anyone. The parties agree that the evaluation is not discoverable for any use whatsoever, in any subsequent hearing or conciliation conference or otherwise. 5. The parties shall communicate only regarding custody arrangements for the child. If a party is unavailable, the party shall leave a specific message which the other party may respond to by voicemail. 6. 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 . f .:.l consent. In the absence of mutual consent, the terms of this Order shall control. Another Conciliation Conference is scheduled for September 21, 2005 at 1:30 p.m. BY Edward E. Guido, J. cc: Jessica Diamondstone, Esquire, Mid Penn Legal Services, Counsel for Mother Mark F. Bayley, Esquire, Counsel. for Father T3, u, i OU and 6ctcl? I"s sr^e; e'f sai ; Co rt a' )r,!isfs, Pa. 1 file .......V /. av ry MAGGIE RAE SARVER, Plaintiff V. TIM CONNORS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :2005-2306 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PRIOR JUDGE: Edward E. Guido, 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 Child who is the subject of this litigation is as follows: NAME Lucien Connors DATE OF BIRTH CURRENTLY IN CUSTODY OF September 29, 2004 shared 2. A Conciliation Conference was held in this matter on August 3, 2005, with the following individuals in attendance: The Mother, Maggie Rae Sarver, with her counsel, Jessica Diamondstone, Esquire, Mid Penn Legal Services and Father, Tim Connors, with his counsel, Mark F. Bayley, Esquire. 3. The Honorable Edward E. Guido entered a prior Order of Court dated May 10, 2005, pursuant to a Petition for Special Relief providing for shared legal and shared physical custody. 4. The parties agreed to the entry of an Order in the form as attached. S? 3 -0 Date ac eline M. Verney, Esquire Custody Conciliator Q.. krnv 20(15 MAGGIE RAE SARVER, : IN THE COURT OF COM Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-2306 CIVIL TERM TIM CONNORS, : CIVIL ACTION. LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated August 5, 2005 shall remain in full force and effect with the following modifications. 2. Beginning November 27, 2005 the exchange day and time shall be Sunday at 4:00 p.m. 3. Holidays: A. Thanksgiving: Mother shall have physical custody of the child for Thanksgiving 2005 from 9:00 a.m. to 8:00 p.m. Thereafter, Father shall have physical custody of the child every Thanksgiving. B. Christmas shall be divided into two Blocks. Block A shall be from 12:00 noon on Christmas Eve to 12:00 noon on Christmas Day. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Mother shall have Block A in odd numbered years and Block B in even numbered years. Father shall have Block A in even numbered years and Block B in odd numbered years. C. Mother's Day/Father's Day: Mother shall have physical custody of the child on Mother's Day and Father shall have physical custody of the child on Father's Day both at times as agreed by the parties. D. Halloween: Mother shall always have physical custody of the child on October 31. E. New Year's: Mother shall always have physical of the child on New Year's Eve. Father shall always have physical custody of the child on New Year's Day. F. Easter shall be shared and alternated from 9:00 a.m. to 3:00 p.m. and 3:00 p.m. to 9:00 p.m. Father shall have the earlier time in even numbered years and the later time in odd numbered years. Mother shall have the earlier time in odd numbered years and the later time in even numbered years. G. Memorial Day, July 4'h and Labor Day shall be alternated with Father having Memorial Day in 2006. H. Child's Birthday: The parties shall share the child's birthday at times agreed by the parties. 4. In the event that either parry is in need of a babysitter for a weekend, they shall contact the non-custodial parent and offer said time to that parent, except that Mother is relieved from this obligation if her parents are available to baby sit for the weekend. 5. 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: Jessica Holst, Esquire, Mid Penn Legal Servic , Counsel for Mother Mark F. Bayley, Esquire, Counsel for Father JtPs Edward E. Guido, J. Z, ?? n r 0 :,r, I t,; ?{ V ;,ri1" SJ31 "'.. "IA 2605 MAGGIE RAE SARVER, : IN THE COURT OF COMMON --?' SOF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. TIM CONNORS, Defendant :2005-2306 CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Edward E. Guido, 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: I . The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Lucien Connors September 29, 2004 shared 2. A Conciliation Conference was held in this matter on November 15, 2005, with the following individuals in attendance: The Mother, Maggie Rae Sarver, with her counsel, Jessica Hoist, Esquire, Mid Penn Legal Services and Father, Tim Connors, with his counsel, Mark F. Bayley, Esquire. 3. The Honorable Edward E. Guido entered a prior Order of Court dated August 5, 2005, 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 Custody Conciliator VERIFICATION I, the undersigned, do hereby verify that the facts set forth in this petition are true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. December, 2008 Tim Connors STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT LITIA R. CONNER, : IN THE COURT OF COMMON PLEAS OF formerly MAGGIE RAE SARVER,: CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. TIM CONNORS, Defendant : CIVIL ACTION - LAW : NO. 2005-2306 CIVIL TERM : CUSTODY CERTIFICATE OF SERVICE I, Stacy B. Wolf, Esquire, attorney for Defendant, do hereby certify that I have served a copy of the foregoing Petition for Modification of Custody upon the following individual by postage prepaid mail, addressed as follows: Jessica Holst, Esquire MidPenn Legal Services 401 E. Louther Street, Suite 103 Carlisle, PA 17013 Respectfully submitted, 4a4l?:9-?4 Stacy B. W631, Esquire Attorney for Defendant Date: December ! (o , 2008 ?•} ` ++•> ' 3 C . ? ? 1, ? ? ?'? ?? ?,? ., ?' cr.. ? ., ? } +.: ?' ?, ? ,. ...? --- aryl ?_ ? +? ' ? ,l , ?_ '^?-.. 2> DEC 16 ZM (n STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT LITIA R. CONNER, : IN THE COURT OF COMMON PLEAS OF formerly MAGGIE RAE SARVER,: CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. TIM CONNORS, Defendant : CIVIL ACTION - LAW : NO. 2005-2306 : CUSTODY CIVIL TERM ORDER OF COURT NOW this day of December, 2008 upon consideration of the Attached Petition for Special Relief, the following Order is hereby issued: l th . witkAwwJWdby 0-eeimntrHie pm , owever o er s on. Father is directed to file a Petition to Modify Custody within five (5) daays., The Court Administrator's office is directed to schedule an expedited ii 'a-in g in this matter to fully address the issues presented in this matter. By the Co _ , Stacy B. Wolf, Esquire Jessica C. Holst, Esquire Honorable Edward E. Guido F, 0 :6 'J 91 330 BOOZ LITIA R. CONNER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2005-2306 CIVIL ACTION LAW TIM CONNORS IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, December 19, 2008 , 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 _ Tuesday, January 20, 2009 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: /s/ Jacqueline M. Verney, Esc. 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 /OrW A4?V - 71'?T 5 (2 - Cf - r/ 1 /+y rll j1 ?J ?,Y r? JAN 1 9 2009 6 LITIA R. CONNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-2306 CIVIL ACTION - LAW TIM CONNORS, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this I q41day of ?' 2009, upon consideration of the attached Custody Con ' iation Rep, it is ordered and directed as follows: 1. A Hearing is sche uled in Court Room o. J , of the Cumberland County Court House, on theday of M , 2009, at Via o'clock, A . M., at which time testimony will be 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 five days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Orders of Court dated August 5, 2005 and November 21, 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. cc acy Wolf, Esquire, counsel for Father Jessica Holst, Esquire, MidPenn Legal Services, counsel for Mother ?'?? E8 /h? c LAC r ? `?oq 61 :8 WV 91 NVr 60OZ I?tfd?C df Ei L :iHI mlo LITIA R. CONNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO.2005-2306 CIVIL ACTION -'LAW TIM CONNORS, Defendant : IN CUSTODY PRIOR JUDGE: Edward E. Guido, 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 Lucien Conners September 29, 2004 shared 2. A Conciliation Conference was held January 12, 2009 with the following individuals in attendance: The Father, Tim Connors, with his counsel, Stacy Wolf, Esquire, and the Mother, Litia R. Conner, with her counsel, Jessica Holst, Esquire, MidPenn Legal Services. 3. The Honorable Edward E. Guido previously entered Orders of Court dated August 5, 2005, November 21, 2005 and December 17, 2008 providing for shared legal custody, shared physical custody, and a holiday schedule. Father filed for Special Relief and Modification and the Court ordered an expedited conciliation. 4. Father's position on custody is as follows: Father seeks shared legal and primary physical custody. He asserts that the child is neglected, and physically disciplined. He also maintains that the child is cared for by his nine year old half sibling while Mother is asleep. Although shared physical custody continues as this time, Mother relocated to West Chester without advising Father, an approximate two hour drive away. Father believes the child will begin school in the fall and requests an order of primary physical custody so enrollment can be pursued. 5. Mother's position on custody is as follows: Mother seeks shared legal custody and primary physical custody. She denies Father's allegations, but agrees that one parent will need to have primary physical custody when the child starts school. 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. -1a-o9 Date /4• V4",? acq line M. Verney, Esquire 17 Custody Conciliator t- _1 LITIA R. CONNER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS NO. 2005-2306 CIVIL ACTION - LAW TIM CONNORS, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 16th day of March, 2009, after hearing, all prior custody orders are vacated and replaced with the following: 1. Mother, Litia R. Conner, and Father, Tim Connors, shall have shared legal custody of Lucien Connors, born September 29, 2004. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major nonemergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education, and welfare. 2. Primary physical custody: School year: Father shall have primary physical custody subject to partial physical custody in Mother as follows: A. Every other weekend from Friday at 6:00 p.m. until Sunday at 6:00 p.m. B. Such other times as the parties agree. Summer: Mother shall have primary physical custody from the first Sunday in May in 2009 [and the first Sunday after school is out in the other years] until the first Sunday in August subject to partial physical custody in Father as follows: A. Every other weekend from Friday at 6:00 p.m. until Sunday at 6:00 p.m. B. Such other times as the parties agree. 3. Holiday schedule: A. Mother shall have the Child on Mother's Day r- h weekend. B. Father shall have the Child on Father's Day weekend. C. In even numbered years, Mother shall have the Child from 6:00 p.m. on December 23 until noon on Christmas Day. In odd numbered years, Mother shall have the Child from noon on Christmas Day until 6:00 p.m. on New Year's Day. D. Mother shall have the Child every other Thanksgiving from the day before Thanksgiving at 6:00 p.m. until the following Sunday at 6:00 p.m. E. Such other times as the parties may agree. 4. The custody exchanges shall take place at a mutually agreed upon point as close to halfway as possible between Mother and Father's residences. If the parties are unable to agree, each party shall submit a location to this Court and we will choose. 5. Father is to have Lucien evaluated by a counsellor agreeable to Mother to see if counselling would be in order. evaluation to be accomplished 0 days of this order. By Edward E. Guido, J. ssica Holst, Esqui For the Mother V8'Eacy Wolf, Equire, For the Father mlc Said v,4t/1 s, a ? :Z! W8 6 1 8VW 6001 Mvi fllu iiodd WHi J0 1 IN THE COURT OF COMMON PLEAS OF LITIA R. CONNER rz .. PLAINTIFF CUMBERLAND COUNTY, PENNSYLVAN IA rn c._ r v 2005-2306 CIVIL ACTION LAW TIM CONNORS IN CUSTODY •= c `` DEFENDANT -i rv -C tv ORDER OF COURT AND NOW, Monday, July 23, 2012 , upon consideration of the attached Complai it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the cc at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, August 24, 2012 - at 1:; for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in disl if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a tem order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ja!gqueKne M. Verney, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Amel 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 arrangem, must be made at least 72 hours prior to any hearing or business before the court. You must attend the sche 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. wo(? Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ?e COP, ?S 712V112 ri--- iator, PM ; or __ __ _ __ T_ LITIA R. CONNER, Plaintiff V. TIM CONNORS, Defendant IN THE COURT OF COMMQN PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2005-2306 CIVIL ACTION -LAW IN CUSTODY ORDER OF COURT AND NOW, this ~~ay of A ~_~ , 2012, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. Counsel for the parties shall submit letter memoranda setting forth their respective positions regarding exchange time and exchange location within 14 days of the date of this Order. 2. Pending further Order of Court or agreement of the parties, the prior Order of Court dated Mazch 16, 2009 shall remain in full force and effect with the following modification. 3. The exchange location shall be the Breezewood Interchange of the Pennsylvania Turnpike. The exchange time for Friday shall be 6:30 p.m. and the exchange time for Sunday shall be 5:30 p.m. 4. RELOCATION: No party shall be permitted to relocate the residence of the child which significantly impairs the ability to exercise custody unless every individual who has custodial rights to the child consents to the proposed relocation or the court approves the proposed relocation. A person proposing to relocate MUST comply with 23 Pa. C. S. § 5337. 5. 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 c .~~ ^~ y„ -rz Edward E. Guido, J. ~ ~ cc: Stacy Wolf, Esquire, counsel for Father r- wc~ t~ r/Allison Reynolds, Esquire, counsel for Mother ~~ 3 ~:45 tea . C~~ ~/30~ ~ ~'" ~ ,~LG -~ -~ c~ -~ __ -~ LITIA R CONNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2005-2306 CIVIL ACTION -LAW TIM CONNORS, Defendant : IN CUSTODY PRIOR JUDGE: Edward E. Guido, 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Lucien Connors September 29, 2004 Father 2. A Conciliation Conference was held August 24, 2012 with the following individuals in attendance: The Mother, Litia R. Conner, with her counsel, Allison Reynolds, Esquire, and the Father, Tim Connors, with his counsel, Stacy B. Wolf. 3. The Honorable Edward E. Guido previously entered an Order of Court dated Mazch 16, 2009 providing for shazed legal custody, Father having primary physical custody during the school year and Mother having primary physical custody during the summer, with the other pazent having alternating weekends. 4. Mother filed a Petition for Contempt citing Pazagraph 4 of the Mazch 16, 2009 Court Order providing for the parties to meet as close to halfway as possible. Mother has since relocated to the Pittsburgh azea and Father had only agreed to exchange custody at the Ft. Littleton exit of the Pa Turnpike (MP 180). Using that location, Mother drives 127 miles and Father drives 55.8 miles. 5. Mother's position on custody is as follows: Mother seeks to exchange the child at the Bedford Exit of the Pa Turnpike (MP 146). At that location Mother would drive 92.5 miles while Father would drive 90.3 miles. The current exchange times aze Friday at 6:00 p.m. to Sunday at 6:00 p.m. Mother is willing to change the exchange times if Father will agree to exchange at Bedford. Mother is willing to withdraw her Contempt Petition. ___ ~_ _ 6. Father's position on custody is as follows: Father does not believe he should be responsible for the additional mileage because he did not relocate. However he is willing to drive to the Breezewood Exit of the Pa Turnpike (MP 161). Using that exit, Father would drive 74.8 miles and Mother would drive 108 miles. Father is also seeking a change in the exchange times because it is dii~icult to make the exchange time on Fridays and he would like the child returned earlier on Sunday so the child can meet his bedtime, especially during the school year. If the exchange is at Breezewood, Father is suggesting 7:00 p.m. on Fridays and 5:00 p.m. on Sundays. 7. The Conciliator suggested the exchange be at Breezewood during the school year and Bedford in the summer, but neither party was in agreement with that suggestion. 8. The Conciliator recommends an Order in the form as attached directing counsel to submit their exchange time and location suggestions to the Court within 14 days of the Order and pending a determination by the Court, directing the exchange time and location be Friday at 6:30 p.m. and Sunday at 5:30 p.m. at the Breezewood Exit. No Hearing is requested. Date acq ine M. Verney, Esquire Custody Conciliator