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Home My WebLink About01-4914JOHN D. MAINS, SR. PLAINTIFF V. LISA M. MAINS DEFENDANT 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-4914 CIVIL ACTION LAW IN CUSTODY AND NOW, Friday, August 24, 2001 , 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, September 19, 2001 at 9:30 A.M for a Pre-Hearing Custody Conference. At such conference, an effor~ 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/ ]acqueline M. Verney. Esq. ~ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 JOHN D. MAINS, SR. Plaintiff VS LISA M. MAINS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL DIVISION - LAW .. : no. 2ooI-qgt / civil TEmU : IN CUSTODY ORDER OF COURT AND NOW, this day of their respective counsel appear before , PA, on the day of ,2001, it is hereby directed that the parties and Conciliator, at 2001, at __ o'clock __.m., for a Prehearing 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. Either party may bring the children who are the subject of this custody action to the conference, but the children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT: BY: Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. cc: John H. Broujos, Esquire Lisa M. Mains CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 JOHN D. MAINS, SR. Plaintiff LISA M. MAINS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .. : CIVIL DIVISION - LAW : NO. 2001- ~ CIVIL TERM : CUSTODY NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth againgt you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: 717-249-3166 JOHN D. MAINS, SR. Plaintiff LISA M. MAINS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW No. 2oo2- civil TE M CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, by and through his attorney John H. Broujos, of Broujos & Gilroy, P.C., and avers as follows: 1. Plaintiffis John D. Mains, an adult individual residing at 10 Bill Dugan Drive, Etters, York County, Pennsylvania 17319. 2. Defendant is Lisa M. Mains, an adult individual residing at 35 Highland Drive, Camp Hill, Cumberland County, Pennsylvania 17011; and is known to reside outside the Commonwealth at times. 3. Plaintiff seeks custody of the children, John D. Mains, Jr., Steven T. Mains, and Sarah C. Mains, residing at 10 Bill Dugan Drive, Etters, York County, Pennsylvania 17319, with father. · John D. Mains, Jr. was born September 5, 1989 (age 11). Steven T. Mains was born July 16, 1991 (age 10). Sarah C. Mains was bom April 10, 1993 (age 8). The children are presently in the custody of Plaintiff. Plaintiff resides at 10 Bill Dugan Drive, Etters, York County, Pennsylvania. During the past five years, the children have resided with the following persons and at the following addresses: Person Address Dates_ Father & Mother 10 Bill Dugan Drive birth to 7-24-00 Etters, PA 17319 Father 10 Bill Dugan Drive 7-24-00 to present Etters, PA 17319 The mother of the children is Lisa M. Mains, currently residing at 35 Highland Drive, Camp Hill, Cumberland County, PA 17011. · She is married to Plaintiff. · The father of the children is John D. Mains, currently residing at 10 Bill Dugan Drive, Etters, York County, PA 17319. He is married to Defendant. The parties became separated when Defendant left the common marital residence July 24, 2000. 4. The relationship of Plaintiff to the children is that of father. The Plaintiff currently resides with the following persons: Name Relationship John D. Mains, Jr. son Steven T. Mains son Sarah C. Mains daughter 5. The relationship of Defendant to the children is that of mother. The Defendant currently resides with the following persons: Name Relationship Unknown Unknown 6. The Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another Court. 7. Plaintiff has no information of a custody proceeding concerning the children pending in a Court of this Commonwealth. 8. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody of visitation rights with respect to the children. 9. The best interest and permanent welfare of the children will be served by granting the relief requested because the children have been in the custody of the Plaintiff continuously since the children's birth and exclusively with Plaintiff since July 24, 2000; since Defendant has visited the children only about two times during the last year; and because the Plaintiff is capable of providing for the children. 10. Each parent who has parental rights to the children which have not been terminated and the person who has physical custody of the children are parties to the action. WHEREFORE, Plaintiff requests this Court to grant full legal custody and full primary physical custody of the children to Plaintiff with supervised visitation rights to Defendant. Date: August 20, 2001 t H. Broujos,. Esquire rney for Plfiintiff 3UJOS & GILROY, P.C. 4 North Hanover Street Carlisle, Pennsylvania 17013 717/243-4574; 717/766-1690 FAX# 717/243-8227 I verify that the statements made in this pleading are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. DATE: JOHN D. MAINS, SR. Plaintiff V. LISA M. MAINS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW NO. 2001-4914 CIVIL TERM CUSTODy ORDER AND NOW, this ~_~day ofa~~, 2001, upon Petition for Special Relief, it is ordered and directed that a hearing be held on the ~day of~, 2001 at /~ o'clock~m, in Courtroom No. ~_ in the Courthouse, Carlisle, Pennsylvania, on temporary physical custody. C~ Lisa M. Mains, Defendant John H. Broujos, Attorney for John D. Mains, Sr. BY THE COURT, / JOHN D. MAINS, SR. Plaintiff V. LISA M. MAINS, Defendant IN THE COURT OF COMMON PLEAs OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW NO. 2001-4914 CIVIL TERM : CUSTODY ORDER AND NOW, this ~ day of _, 2001 it is ordered that temporary physical custody of the children John D. Mains, Jr., born September 5, 1989 (age 11); Steven T. Mains, born July 16, 1991 (age 10); and Sarah C. Mains, born April 10, 1993 (age 8) is placed in Father, with visitation every other weekend from Friday at 6 pm to Sunday at 6 pm by Mother, who shall not remove the children from the state, pending custody conciliation conference and court order. By the Court, J C~ Lisa M. Mains John H. Broujos, Attorney for John D. Mains, Sr. JOHN D. MAINS, SR. Plaintiff LISA M. MAINS, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION. LAW NO. 2001-4914 CIVIL TERM : CUSTODY PETITION FOR SPECIAL RELIEF OF TEMPORARY PHYSICAL CUSTODY IN FATHER PENDING CUSTODy CONCILIATION CONFERENCE AND COURT ORDER Petitioner John D. Mains, Sr., through his attorney John H. Broujos ofBroujos & Gilroy, P.C., having filed for custody does now file this Petition for Special Relief: 1. Petitioner filed Complaint for Custody on Monday, August 20, 2001, copy of which is attached. 2. On Monday evening, August 20, 2001, Mother took physical custody of one of the three children, against the wishes of Father, who has been the sole caregiver of the children for over 14 months, without any support from Mother. 3. Mother left the marital homestead on July 24, 2000, staying at times with her own mother at Camp Hill and at times out of state with a boyfi-iend at some location. 4. On Monday, August 20, 2001, Mother came to children's football game; she had seen the children only once in 14 months; and had not entered the house for a year; she called the police; and, with police assistance, took the l l-year-old son John D. Mains, Jr. with her to her mother's home. 5. Mother threatens to take the children out of state. 6. There is a clear risk that the Mother will take the child John D. Mains, Jr. and may attempt to take the other two children out of state. 7. Father requests an order providing temporary physical custody of the children with the Father pending normal custody conciliation proceedings, with limited visitation with the children and an order not to take the children outside the state in the interim. l~ec~ily ¢-~d 4 North Hanover Street Carlisle, Pennsylvania 17013 717/243-4574; 717/766-1690 FAX# 717/243-8227 I verify that the statements in the foregoing pleading are tree and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS 4904 relating to unsworn falsification to authorities. Date: SHERIFF'S RETURN - CASE NO: 2001-04914 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MAINS JOHN D SR VS MAINS LISA M REGULAR SH3~NNON SUNDAY Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - CUSTODY was served upon MAINS LISA M the DEFENDANT , at 1735:00 HOURS, on the 21st day of August at C/O PATRICE SAURMAN 35 HIGHLAND DR , 2001 CAMP HILL, PA 17011 LISA MAINS a true and attested copy of COMPLAINT - by handing to CUSTODY together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.40 Affidavit .00 Surcharge 10.00 .00 38.40 Sworn and Subscribed to before me this 3D~ day of ~-~. ,, ~ 21 A.D. So Answers: R. Thomas Kline 08/22/2001 BROUJOS & GILROY Deputy Sheriff JOHN D. MAINS, SR., : Plaintiff : V. : LISA M. MAINS, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-4914 CIVIL TERM ORDER F CO RT AND NOW, this 28th day of August, 2001, by agreement of the parties, they shall have shared legal custody of their children with father having primary physical custody, subject to partial custody in mother as set forth in the agreement articulated on the record as attached hereto. This is a temporary order and may be modified by the parties or this Court after a hearing on the merits. Neither party shall remove the children from the Commonwealth of Pennsylvania without prior Order of Court. By the Court, Edward E. Guido, J. John H. Broujos, Esquire For the Plaintiff Paul J. Esposito, For the Defendant it Esquire · ?. 03:ol · JOHN D. MAINS, SR., Plaintiff Vo LISA M. MAINS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-4914 CIVIL TERM IN RE: DISCUSSION IN CHAMBERS August 28, 2001 MR. BROUJOS: Wife shall have visitation with the children every other weekend from Friday at 6:00 p.m. to Sunday at 6:00 p.m., commencing Friday, August 31, 2001, until Sunday, September 2, 2001, with the child, Sara C. Mains, and on each Wednesday from 5:00 to 7:00 p.m., commencing August 29, 2001. Transportation will be as follows: On weekends, mother shall pick up the three children and father shall return the children. On weekday visitation with Sara C. Mains, mother shall pick up and return the children. And at the beginning it would be temporary -- well, shared legal custody in both parents. Well, physical custody in the father. THE COURT: of 2001 Civil. I will just enter an order at number 4914 (Whereupon, the discussion concluded.) CERTIFICATE I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the above cause and that this is a correct transcript of the same. ~o~ 'ne K. Troutman, RPR The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. Date Edward E. Guido, J. Ninth Judicial District JOHN D. MAINS, SR., Plaintiff LISA M. MAINS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2001-4914 CIVIL TERM : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this ~l~"J~ day of ~5 ~ ,2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court, dated August 28, 2001 is hereby vacated. 2. The Father, John D. Mains, Sr., and the Mother, Lisa M. Mains, shall have shared legal custody of John D. Mains, Jr., bom September 5, 1989, Steven T. Mains, bom July 16, 1991 and Sarah C. Mains, born April 10, 1993. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Children's general well-being including, but not limited to, ail decisions regarding their health, education and religion. 3. Father shall have primary physical custody of the children. 4. Mother shall have periods of partial physical custody as follows: A. Every other weekend from Friday at 6:00 p.m. to Sunday at 6:00 p.m., provided Mother agrees to transport the children to their sports and other extra curricular activities. B. Every Wednesday evening from 5:00 p.m. to 8:00 p.m. except when the boys have sports activities, Mother will only have physical custody of Sarah. C. New Year's Eve from 4:00 p.m. to January 1 at 12:00 Noon. 5. The parties shall alternate the following holidays from 10:00 a.m. to 8:00 p.m.: Thanksgiving, Easter, Memorial Day, July 4, Labor Day. Mother shall have Thanksgiving in 2001 and the parties shall alternate the holidays thereafter. In the event any of the holidays coincide with Mother's other periods of custody, then she shall have an extra overnight with the children. 6. The Christmas holiday shall be split into two Blocks. Block A shall be Christmas Eve at 12:00 Noon to December 25 at 12:00 Noon. Block B shall be from December 25 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. 7. Mother shall have physical custody of the children on Mother's Day from 10:00 a.m. to 8:00 p.m. Father shall have physical custody of the children on Father's Day from 10:00 a.m. to 8:00 p.m. 8. During the summer months of June, July and August, Mother shall be entitled to physical custody of the children for two full weeks, either consecutive or non- consecutive, provided that she give Father notice of said weeks by May 1 of every year and provided further that Mother's weeks do not conflict with Father's vacation as determined in February each year. Father shall advise Mother of his vacation weeks as soon as he is aware of them. 9. Neither party shall do anything, nor permit anyone in the children's presence to do anything that may estrange the children from the other party, or injure the opinion of the children as to the other party, or may hamper the free and natural development of the children's love or affection for the other party. Each parent shall to the extent possible prevent obscene language or disparaging or divisive remarks from being used in the children's presence. 10. Unless otherwise agreed, transportation shall be shared by the parties such that the party receiving custody shall transport the children. Mother however, will be responsible for all transportation for the weekday evening custody period. 11. Prior to the children being taken out of state, the custodial parent shall provide a telephone number to the non-custodial parent where the children can be reached while out of state. 12. 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: John H. Broujos, Esquire, Counsel for Father Paul J. Esposito, Esquire, Counsel for Mother VtNVA'I,kSNN]d AINNOS L5 :~ F~c~ ~ 130 !0 JOHN D. MAINS, SR., Plaintiff V. LISA M. MAINS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2001-4914 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY 1N CUSTODY OF John D. Mains, Jr. Steven T. Mains Sarah C. Mains September 5, 1989 Father July 16, 1991 Father April 10, 1993 Father 2. A Conciliation Conference was held in this matter on October 17, 2001 with the following individuals in attendance: The Father, John D. Mains, Sr., with his counsel, John H. Broujos, Esquire, and the Mother, Lisa M. Mains, with her counsel, Paul J. Esposito, Esquire. 3. A previous Order of Court was entered by the Honorable Edward E. Guido, dated August 28, 2001 providing for the parties to have shared legal custody, Father having primary physical custody and Mother having periods of partial physical custody on alternating weekends. 4. The parties agreed to entry of an Order in the form as attached. Date ey, Esquire Custody Conciliator