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06-0936
In The Court Of Common Pleas Of The Judicial District of Pennsylvania- Cumberland County Branch David F. Donnelly, Plaintiff Civil Action Law V. Leslie L. Norton, Defendant Custody COMPLAINT FOR CUSTODY 1. The plaintiff is David F. Donnelly, an adult individual residing at 162 Cedar lane, Carlisle, Cumberland County, PA, 17013. 2. The defendant is Leslie L. Norton, an adult individual residing at RD4 Box 312, Huntingdon, Huntingdon County, PA, 16652. 3. Plaintiff seeks custody of the following children: Darien M. Donnelly RD4 Box 312 Huntingdon, PA, 16652 6 yrs. old Landon P. Donnelly RD4 Box 312 Huntingdon, PA, 16652 4 yrs. old Alexis M Donnelly RD4 Box 312 Huntingdon, PA, 16652 4 yrs. old The children were born out of wedlock. The children are presently in the custody of the Defendant who resides at RD4 Box 312, Huntingdon, PA, 16652. During the past five years, the children have resided with the following persons and at the following addresses: David F. Donnelly, Father & Leslie L. Norton, Mother until 06/02 501 Windy Hill Road, Lot 141, Shermans Dale, PA, 17090 Leslie L. Norton, Mother 06/02-07/02 501 Windy Hill Road, Lot 141, Shermans Dale, PA, 17090 Leslie L. Norton, Mother 07/02-08/02 Emergency Housing, Hanover, PA, 17331 Leslie. L. Norton, Mother / Grace Robbins, Aunt of David F. Donnelly 08/02-11/02 Robert Robbins, Uncle of David F. Donnelly / Mary Robbins, Mother of Robert Robbins / Vicky Lehmann, Cousin of David F. Donnelly 1618 The Strand, Westminster, MD, 21157 Leslie L. Norton, Mother / Alvin Clark, mothers boyfriend, 11/02-06/04 Vicky Lehmann, Cousin to childrens' father 101 Charles Street, Apt. , Westminster, MD, 21157 Leslie L. Norton, Mother / Alvin Clark, mothers boyfriend, 06/04-06/05 1422 Washington Road, Westminster, MD, 21157. David F. Donnelly, Father & Heather L. Klinger, Fiance 06/05-08/05 162 Cedar Lane, Carlisle, PA, 17013. Leslie L. Norton, Mother & Alvin Clark, mothers boyfriend, 08/05-01/06 1422 Washington Road, Westminster, MD, 21157. Leslie L. Norton, Mother / Defendant's Mother / Robbie, Defendant's 01/06-present Brother, Corrin, Defendant's sister RD4 Box 312, Huntingdon, PA, 16652 The mother of the children is the Defendant, Leslie L. Norton, currently residing at RD4 Box 312, Huntingdon, PA, 16652. She is single. The father of the children is the Plaintiff, David F. Donnelly, currently residing at 162 Cedar Lane, Carlisle, PA, 17013. He is unmarried. 4. The relationship of plaintiff to the children is that of father. The plaintiff currently resides with the following persons: Heather L. Klinger / Fiancd 5. The relationship of defendant to the children is that of mother. The defendant currently resides with the following persons: Robbie (last name unknown) Corrin( last name unknown) / sister (last name unknown) / mother 6. 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. Plaintiff has no information of a custody proceeding concerning the children in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the Plaintiff the relief requested for the following reasons: A. The defendant is known to have fled the state of Maryland due to child abuse charges. B. The defendant willingly endangers her children's' lives on a daily basis. Defendant allows her oldest child (Darien) to sit in her vehicle without the proper restraints. Defendant has been told on occasion about the PA Laws on child restraints. Defendant always has a different reason why the child/children are not in car/booster seats. Defendant also allows oldest child to sit in front seat of her vehicle. Plaintiff has witnessed Defendant allowing their oldest child (Darien) to sit on the lap of another person, due to the lack of seating in her vehicle. C. The defendant does not properly feed or dress children in question. On numerous occasions children have cried they didn't eat and their bellies hurt. Children come to plaintiff's home wearing clothing that is 2-5 times too big and/or shoes that are too big and stuffed with socks or their toes sticking out of the top. Example: Darien wears 6 pants and came to plaintiff's home wearing a 10. D. Defendant is aware of Landon's left eye crossing. Plaintiff asked if Defendant had made an appointment and she answered yes. It is now almost 4 months since Plaintiff requested his eye to be fixed and still nothing has been done about it. E. Defendant is aware of Darien's learning disability and does not help out with the school's requirements to read to Darien on a daily basis and help him study his pocket words. Plaintiff asks Darien if he has been being read to and his reply is always "Mommy doesn't let me read or study". Plaintiff has reminded Defendant on many occasions that it is their responsibility as Darien's parents to help him so he can be taken out of special education classes. F. Defendant has admitted to Plaintiff that she had turned locks on children's bedroom doors around so she could lock them in their rooms at night. Defendant complained to Plaintiff many times that children were wetting their beds at night and urinating in their toy boxes. Defendant refused to turn locks around due to the fact that she didn't want the children to come out of their rooms while she slept. G. Plaintiff and Defendant agreed to allow the twins (Landon & Alexis) to reside with him until the end of the school year(2205-2006). Plaintiff dropped off twins for the weekend as agreed. Defendant did not return the twins as requested on the proper day, instead Defendant told Plaintiff that she missed the twins and that the Plaintiffs time was up. H. Defendant doesn't have proper sleeping quarters for children in mention. Children tell Plaintiff that they sleep on the floor in the computer room or on the couch. Defendant has her own room with a bed. Daughter, Alexis, sleeps with Defendant's mother. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children has been named as parties to this action. Service of the Complaint will be made to the Defendant directly and by certified mail. Wherefore, plaintiff requests the court to grant sole legal and physical custody of the children to Plaintiff and supervised visitation to Defendant. Date.,? i 7 0 6 David F. Donnelly Plaintiff 162 Cedar Lane Carlisle, PA 17013 717-343-1370 r.) W i1 v N t DAVID F. DONNELLY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY. PENNSYLVANIA V. LESLIE L. NORTON DEFENDANT 06-936 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, February 24, 2006 __, 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, March 28, 2006 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Jacqueline M. Verney, Esq. __ Iff 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 77 Ile J • ., L 3 b" 1 L .. I JR-F cT7-TN7 MAR 3 0 2006 LY_ i DAVID F. DONNELLY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-936 CIVIL ACTION - LAW LESLIE L. NORTON, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this A_ k day of lhlz 6L , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I . A Hearing is scheduled in Court Room No. , of the Cumberland County Court House, on the. day of ?tr, 2006, at 3 0 o'clock, _&. M., at which time testimony will e 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 (or the party) shall file with the Court and opposing counsel (or the party) 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 following shall remain in effect: 3. The Father, David F. Donnelly, and the Mother, Leslie L. Norton shall have shared legal custody of Darien M. Donnelly, born July 31, 1999, Landon P. Donnelly, born June 19, 2001 and Alexis M. Donnelly, born June 19, 2001. 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, all decisions regarding their health, education and religion. 4. Mother shall have primary physical custody of the children. Father shall have the following periods of partial physical custody of the children: A. During the school year, every weekend from Friday at 7:00 - 7:30 p.m. to Sunday at 5:00 p.m. 2Cl,Jil;R 31 r1i 'J: 5 U B. During summer vacation, Father shall have primary physical custody of the children and Mother shall have physical custody every weekend at the same times as indicated in Paragraph 5A. C. Such other times as the parties agree. 6. Transportation shall be shared such that the parties shall meet at the Sheetz station in Mifflintown, Pennsylvania. 7. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. c avid F. Donnelly, pro se 162 Cedar Lane ?Carlisle, PA 17013 . <eslie L. Norton, pro se RD4Box312 Huntingdon, PA 16652 0 ?)?'V D 1I1T TT I YTnT DAVID F. DONNELLY, Plaintiff V. LESLIE L. NORTON, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-936 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 Darien M. Donnelly July 31, 1999 Mother Landon P. Donnelly June 19, 2001 Mother Alexis M. Donnelly June 19, 2001 Mother 2. A Conciliation Conference was held March 28, 2006 with the following individuals in attendance: The Father, David F. Donnelly, pro se and the Mother, Leslie L. Norton, pro se. 3. Father's position on custody is as follows: Father seeks shared legal and primary physical custody of the children. Father maintains that Mother is not properly caring for the children, that she has moved several times since the parties separated and she does not have car seats for the children. 4. Mother's position on custody is as follows: Mother seeks shared legal custody and primary physical custody with Father having every weekend during the school year. During the summer, Father would have primary physical custody and Mother would have every weekend. Mother asserts that she has been the primary caregiver for the children for 5 years and suggests that Father is only seeking primary physical custody to eliminate child support. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and granting the parents shared legal custody, Mother primary physical custody and Father having physical custody every weekend. It is estimated that the hearing will require one day. Date cqu4line M. Verney, Esquire Custody Conciliator V -. DAVID F. DONNELLY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : No.:2006-936 LESLIE L. NORTON, CIVIL ACTION Defendant CUSTODY TO THE PROTHONOTARY: Please enter the appearance of Shana M. Pugh, Esquire, in the above-captioned action for the Plaintiff, David F. Donnelly. Respectfully submitted, Date:M / adoh&?_ Shana M. Pugh, Esquir Law Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street Camp Hill, Pennsylvania 17011 ID# 200952 Tel. (717) 763-1800 DAVID F. DONNELLY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No.: 2006-936 LESLIE L. NORTON, CIVIL ACTION Defendant CUSTODY I, Shana M. Pugh, Esquire, hereby certify that a copy of the attached Praecipe for Entry of Appearance was served upon the following by depositing a true and correct copy of the same in the United States mail, Fist Class, postage pre-paid in Camp Hill, Pennsylvania on the date referenced below and addressed as follows: Grace D'Alo, Esquire MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 Respectfully submitted, Shang M. Pugh, Esquire 2108 Market Street, Azte Building Camp Hill, Pennsylvania 17011-4706 Date: 06/16[06 ID# 90919 Tel. (717) 763-1800 ?_ ? (_.1 ?J_ "^i t_ ? ,? L.. ? 51 s?; S P1 ?. .,.? .??1 ?!? ?. ?.,, C ? C- ?? <. i.? C:? -_- l r. :t %- Co: VID F. DONNELLY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v NO. 2006-936 CIVIL TERM SLIE L. NORTON, Defendant IN CUSTODY IN RE: COMPLAINT FOR CUSTODY ORDER OF COURT AND NOW, this 26th day of June, 2006, upon sideration of Plaintiff's Complaint for Custody filed ruary 17, 2006, with respect to the parties' children, rien M. Donnelly, Landon P. Donnelly, and Alexis M. nnelly, and following a hearing held on this date, the cord is declared closed, and the matter is taken under visement. ?hana M. Pugh, Esquire 2108 Market Street Camp Hill, PA 17011 For Plaintiff trace E. D'Alo, Esquire MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 For Defendant :mae By the Court, 0' >. N :r y' '? -_ J ? - } t7 :l?if -`? F_ r?? ?` ? _7 DAVID F. DONNELLY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW LESLIE L. NORTON, Defendant NO. 06-936 CIVIL TERM ORDER OF COURT AND NOW, this 28th day of June, 2006, upon consideration of Plaintiff's Complaint for Custody, filed February 17, 2006, with respect to the parties' children, Darien M. Donnelly (d.o.b. July 31, 1999), Landon P. Donnelly (d.o.b. June 19, 2001), and Alexis M. Donnelly (d.o.b. June 19, 2001), and following a hearing held on June 26, 2006, the custodial terms of the order of court dated March 31, 2006, are entered as a final order. /?hana M. Pugh, Esq. 2108 Market Street Aztec Building Camp Hill, PA 17011-4706 Attorney for Plaintiff .erace E. D'Alo, Esq. MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 Attorney for Defendant BY THE COURT, o? :rc :;:. ,n DAVID F. DONNELLY, Plaintiff vs. LESLIE L. NORTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA q3(v NO. 064Civil Term CIVIL ACTION - LAW PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW, comes the Plaintiff, David F. Donnelly, by and through his attorneys, Joseph D. Caraciolo, Esquire and Foreman & Foreman, PC, and files the instant Petition and in support thereof, avers as follows: 1. Plaintiff is David F. Donnelly, hereinafter referred to as "Father", who currently resides at 162 Cedar Lane, Carlisle, PA 17013. 2. Defendant is Leslie L. Norton, hereinafter referred to as "Mother", who currently resides at 101 Charles Street, Apartment N, Westminster, Maryland. 3. Defendant has been previously represented by Attorney Grace D'Alo of MidPenn Legal Services, 401 E. Louther Street, Carlisle, PA 17013 4. The Subject minor children of this action are: Darien M. Donnelly Landon P. Donnelly Alexis M. Donnelly Born: July 31, 1999 Born: June 19, 2001 Born: June 19, 2001 5. On February 17, 2006, Plaintiff filed a Complaint seeking custody of the minor children listed above. 6. The parties attended a Conciliation Conference before Jacqueline M. Verney on March 28, 2006 and no agreement was reached regarding custody. A Temporary Order of Court was entered giving the parties shared legal custody, and Mother primary subject to Father's periods of partial physical custody. (see Order of Court attached and incorporated hereto as "Exhibit A"). 7. On June 26, 2006, the parties participated, in a hearing before the Honorable Judge Oler of the Court of Common Pleas of Cumberland County. 8. On June 28, 2006, the Honorable Judge Oler issued an Order of Court entering the Order of March 31, 2006 (Exhibit A) as a Final Order of Court. 9. Father now desires a modification of the Order of Court dated March 31, 2006 for the following reasons: A. Mother has taken the children to another state without the consent of Father; B. Mother has been under investigation by Children and Youth Services for allegedly abusing the children; C. Mother has made false allegations to Children and Youth Services about alleged abuse of the children by Father, and all of said allegations have been proven false. D. Father is in a position to raise the children in a stable environment and has the ability to care for the children on a daily basis. 15. The best interest and permanent welfare of the subject minor children would be served by granting the relief requested as previously indicated. WHEREFORE, Plaintiff respectfully requests this Honorable Court modify the existing Order for Custody of the subject minor children granting Plaintiff greater periods of custody as is in the best interest of the children. Respectfully Date: U J eph D. Caraciolo, Esquire oreman & Foreman, P.C. ,12 Market Street, 6 h Floor Harrisburg, Pennsylvania 17101-2015 ID# 90919 Tel. (717) 236-9391 DAVID F. DONNELLY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 06-1743 Civil Term LESLIE L. NORTON, CIVIL ACTION -LAW Defendant VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. To the extent that any of the averments are based upon an understanding or application of law, I have relied upon counsel in making this Verification. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. ? e Date: q-/u, .C) DAV 'F. DONNELLY DAVID F. DONNELLY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 06-1743 Civil Term LESLIE L. NORTON, CIVIL ACTION -LAW Defendant CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Petition for Modification upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by mailing the same postage prepaid, first class mail, addressed as follows: Grace D'Alo MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 Date: C L7 Respect 1;'/submitted, l .r Yseph D. Cal"adiolo, Esgire foreman & Foreman, P.C. 112 Market Street, 6t' Floor Harrisburg, Pennsylvania 17101-2015 ID# 90919 Tel. (717) 236-9391 Exhibit A J -: MAP 3 U ??06 tDAVID F. DONNELLY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-936 CIVIL ACTION - LAW LESLIE L. NORTON, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this ,316? day of , 2006, upon consideration of the attached Custody Concil' tion Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Cou Room No. , of the Cumberland County Court House, on the day of , 2006, at 3 Q 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 (or the party) shall file with the Court and opposing counsel (or the party) 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 following shall remain in effect: 3. The Father, David F. Donnelly, and the Mother, Leslie L. Norton shall have shared legal custody of Darien M. Donnelly, born July 31. 1999. Landon P. Donnelly, born June 19, 2001 and Alexis M. Donnelly, born June 19. 2001. Each parent ;all lave an ef7ual right. to be exercised jointly with the other parent. to make all rnajor non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 4. Mother shall have primary physical custody of the children. 5. Father shall have the following periods of partial physical custody of the children: A. During the school year, everN- weekend from Friday at 7:00 - 7:30 p.m. to Sunday at 5:00 p.m. ` t T J B. During summer vacation, Father shall have primary physical custody of the children and Mother shall have physical custody every weekend at the same times as indicated in Paragraph 5A. Such other times as the parties agree. BY THE COURT 6. Transportation shall be shared such that the parties shall meet at the Sheetz station in Mifflintown, Pennsylvania. 7. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. /51j 14 (0'? cc: David F. Donnelly, pro se 162 Cedar Lane Carlisle, PA 17013 Leslie L. Norton, pro se RD 4Box 312 Huntingdon, PA 16652 ? 31 ?? Iv 7 o -? o C!? 'a7 DAVID F. DONNELLY, Plaintiff VS. LESLIE L. NORTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06- QVP Civil Term : CIVIL ACTION -LAW PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned, Joseph D. Caraciolo, Esquire on behalf of the Plaintiff, David F. Donnelly, in the above captioned matter Date: 0 Gf // 7/0 7 Jo h D. Caraciolo, Esquire F MAN & FOREMAN, P.C. 2 Market Street, 6`h Floor arrisburg, PA 17101 ID: 90919 TEL: (717)236-9391 G c? . 0 DAVID F. DONNELLY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 06-936 CIVIL ACTION LAW LESLIE L. NORTON IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, April 26, 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 Tuesday, May 29, 2007 at 8:30 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/ Jacqueline 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 0- 07C 47 G S :Z Wd 9Z M COQZ 3oi4-4C}- 3113 DAVID D. DONNELLY, Plaintiff VS. LESLIE L. NORTON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-936 : CIVIL ACTION -LAW : IN CUSTODY PETITION FOR LEAVE TO WITHDRAW Petitioner, MidPenn Legal Services, hereby petitions to withdraw from further representation of Leslie L. Norton, pursuant to Rule 1.16(b)(5) and (6) of the Pennsylvania Rules of Professional Conduct and Pa.R.C.P. 1012, and in support therefore avers the following: 1. On April 10, 2006, MidPenn Legal Services agreed to represent the Defendant Leslie L. Norton in the above-captioned custody matter. 2. The retainer agreement signed by both the MidPenn Legal Services attorney and the Defendant sets forth the limitations of MidPenn's representation. Paragraph five (5) of the retainer agreement states: "I understand that MidPenn Legal Services will not represent me in any other matter or in any appeal of this matter unless specifically agreed upon between us." A copy of the retainer agreement in this matter is attached as Exhibit A to this Petition. 3. A custody conciliation was held on March 28, 2006, that resulted in a final custody order being issued that granted Leslie L. Norton primary physical custody. 4. The MidPenn Legal Services file was closed in the above-captioned matter on July 6, 2006. 5. There has been no contact between defendant Leslie L. Norton and undersigned counsel since the file was closed. 6. On Plaintiff's motion, this case was set for another conciliation on April 26, 2007. 7. Undersigned counsel has forwarded all correspondence and pleadings to defendant Leslie L. Norton and asked her to get in touch with counsel. 8. Undersigned counsel has attempted to reach defendant Leslie L. Norton through repeated phone calls and by mail. 9. To this date, undersigned counsel has not received any communication from defendant Leslie L. Norton. WHEREFORE, MidPenn Legal Services requests the Court to grant its Petition For Leave to Withdraw and sign the attached order or issue the attached Rule To Show Cause. Fully Submitted, I,- -F D J;?-//, L7 /01 a E. D' Alo, Esquire 4 1 . Louther Street C 'sle, PA 17013 (717) 243-9400 DAVID D. DONNELLY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 06-936 LESLIE L. NORTON, : CIVIL ACTION -LAW Defendant : IN CUSTODY ORDER AND NOW, this day of May 2207, upon consideration of MidPenn Legal Services' Petition for Leave to Withdraw, such relief is hereby GRANTED. 1-1 By the Court: J. Distribution: Grace E. D'Alo, Esquire MidPenn Legal Services 401 E. Louther Street Suite 103 Carlisle, PA 17013 Nancy Stelter-Alger Foreman and Foreman 6th Floor, Veterans Building Harrisburg, PA 17101-2015 Leslie L. Norton, Defendant RD 4, Box 312 Huntingdon, PA 16652 VERIFICATION I verify that the statements made in the foregoing complaint are true and correct, to the best of my knowledge, information and belief. I understand making any false statement would subject me to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. ,e-, 5 ??e Date: D' Alo, Esquire ['> r.a C=` ? { `1 'T ? ,. fi?..r. ?? _ __ ` _. _-,. r _ _ _v f" t;1» h.1 t; ?*? ?`_ • _ ? ]I -." -C DAVID D. DONNELLY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 06-936 LESLIE L. NORTON, CIVIL ACTION -LAW Defendant IN CUSTODY AMENDED PETITION FOR LEAVE TO WITHDRAW Petitioner, MidPenn Legal Services, hereby petitions to withdraw from further representation of Leslie L. Norton, pursuant to Rule 1.16(b)(5) and (6) of the Pennsylvania Rules of Professional Conduct and Pa.R.C.P. 1012, and in support therefore avers the following: 1. A Petition for Leave to Withdraw was filed in the Prothonotary's Office of Cumberland County on May 16, 2007 which is incorporated herein by reference in its entirety. 2. Opposing counsel Nancy Stelter-Alger of Foreman and Foreman in Harrisburg has been contacted and does not oppose this Petition for Leave to Withdraw. 3. After hearing, a custody order was issued by Judge Oler on March 31, 2006, granting Leslie L. Norton primary custody and both parties shared legal custody. 4. Undersigned counsel has attempted to reach defendant Leslie L. Norton through repeated phone calls and by mail. 5. To this date, undersigned counsel has not received any communication from defendant Leslie L. Norton. WHEREFORE, MidPenn Legal Services requests the Court to grant its Petition For Leave to Withdraw and sign the attached order or issue the attached Rule To Show Cause. Submitted, e E. D' Alo, Esquire 4 E. Louther Street Carlisle, PA 17013 (717) 243-9400 t .. ti. DAVID D. DONNELLY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 06-936 LESLIE L. NORTON, CIVIL ACTION -LAW Defendant IN CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Grace E D'Alo, do hereby swear that I served Nancy Stelter-Alger and Leslie L. Norton with a Petition for Leave to Withdraw and an Amended Petition for Leave to Withdraw on )tLT2_QJ certified mail, return receipt, restricted delivery, to the person and address below: Leslie L. Norton, Defendant RD 4, Box 312 Huntingdon, PA 16652 And by regular mail to: Nancy Stelter-Alger Foreman and Foreman 6`h Floor, Veterans Building Harrisburg, PA 17101-2015 I, Grace E. D'Alo, verify that the statements made in this Affidavit of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: 4 107 Signature: " ra -TI 51 U MAY 172007 DAVID D. DONNELLY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 06-936 LESLIE L. NORTON, CIVIL ACTION -LAW Defendant IN CUSTODY RULE TO SHOW CAUSE AND NOW, this day of May, 2007, upon consideration of the Petition for Leave to Withdraw filed by MidPenn Legal Services: 1. A rule is issued upon the Plaintiff, David D. Donnelly, and Defendant, Leslie L. withdraw as counsel of record. 2. Any party desiring to file an answer to the Petition for Leave to Withdraw must do so Norton, to show cause why MidPenn Legal Services should not be granted leave to within seven (7) days of service of this Rule to Show Cause. 3. Notice of the entry of this Order shall be provided to all parties by MidPenn Legal Services. X?)_ ? r? _ ?1?? ?..?. ! C - v.a'"? ? ?^ ? ru ? %_ t? ^ ? ?? r {? - - r_-rc cam: Distribution: Grace E. D'Alo, Esquire MidPenn Legal Services 401 E. Louther Street Suite 103 Carlisle, PA 17013 Nancy Stelter-Alger Foreman and Foreman 6th Floor, Veterans Building Harrisburg, PA 17101-2015 Leslie L. Norton, Defendant RD 4, Box 312 Huntingdon, PA 16652 JUL 19 2007, m ? DAVID F. DONNELLY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-936 CIVIL ACTION - LAW LESLIE L. NORTON, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this %- 14 day of , 2007, upon consideration of the attached Custody Conciliation R port, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. f , of the Cumberland County Court House, on the X?LC day of , 2007, at •'3 d o'clock, _#. 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 ten days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Order of Court dated June 28, 2006 shall remain in full force and effect with the following modifications: 3. During the summer, Mother's weekend custodial periods shall be from Friday at 3:30 p.m. to Sunday at 5:00 p.m. 4. During the school year, Father's custodial times shall be from Friday at 3:30 p.m. to Sunday at 5:00 p.m. 5. Transportation shall be shared such that in the summer the relinquishing party shall transport and during the school year, the receiving party shall transport. 6. For Labor Day, Mother's weekend custodial time shall be extended through Labor Day at 5:00 p.m. 7. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. 1 s I : ,_1 ' Z ;il k` LJHZ BY THE COURT, cc oseph D. Caraciolo, Esquire, Counsel for Father --:fe'ssica Holst, Esquire, Mid Penn Legal Services, Counsel for Moth J DAVID F. DONNELLY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-936 CIVIL ACTION - LAW LESLIE L. NORTON, 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 Darien M. Donnelly July 31, 1999 Father Landon P. Donnelly June 19, 2001 Father Alexis M. Donnelly June 19, 2001 Father 2. A Conciliation Conference was held July 18, 2007 with the following individuals in attendance: The Father, David F. Donnelly, with his counsel, Joseph D. Caraciolo, Esquire, and the Mother, Leslie L. Norton, with her counsel, Jessica Holst, Esquire, Mid Penn Legal Services. 3. The Honorable J. Wesley Oler, Jr. previously entered an Order of Court dated June 28, 2006 providing for shared legal custody, Mother having primary physical custody during the school year, with Father having every weekend and Father having primary physical custody during the summer with Mother having every weekend. 4. Father's position on custody is as follows: Father seeks the reverse of the current Order: shared legal custody and primary physical custody during the school year with Mother having every weekend. Then in the summer, Mother having primary physical custody of the children with Father having every weekend. Father asserts that Mother has moved two times since the last Order one year ago, resulting in the children attending three different schools last school year. Father believes he can provide a stable home life to the children. Father also alleges that Mother has reported Father to Children & Youth for allegations of abuse several times, all of which have been unfounded and that she has coached the children to lie to Children & Youth caseworkers. 5. Mother's position on custody is as follows: Mother seeks to maintain the status quo. She indicates that Father encouraged her to move the first time as it made it closer to Father and the transportation was shorter. Mother asserts that she has had primary physical custody of the children for the past 6 years. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and maintaining the status quo, with minor modifications. It is expected that the Hearing will require one day. - l 4-b 7 Date Ja eline M. Verney, Esquire Custody Conciliator DAVID F. DONNELLY, Plaintiff v LESLIE L. NORTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2006-936 CIVIL TERM IN CUSTODY IN RE: PETITION FOR MODIFICATION ORDER OF COURT AND NOW, this 18th day of October, 2007, pursuant to an agreement reached in chambers by counsel for the parties in the above-captioned case, the father's Petition for Modification of Custody at issue,'herein is deemed withdrawn, and the custodial terms of the Order of Court dated July 24, 2007, shall remain in full force and effect. .40 eph D. Caraciolo, Esquire 112 Market Street 6th Floor Harrisburg, PA 17101 For Plaintiff ace E. D'Alo, Esquire °-IidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 For Defendant mae By the Court, > Cr tt3 7 . kJ CYIO ' lj? U -- c < Lu C? J I J-1? DAVID F. DONNELLY, Plaintiff VS. LESLIE L. NORTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. Civil Term 06- q3( : CIVIL ACTION - LAW PETITION FOR EMERGENCY INJUNCTIVE RELIEF Plaintiff, by and through his attorney, Joseph D. Caraciolo, Esquire, files this Petition for Emergency Injunctive Relief and avers as follows: 1. Plaintiff is David F. Donnelly, hereinafter referred to as "Father", who currently resides at 162 Cedar Lane, Carlisle, PA 17013. 2. Defendant is Leslie L. Norton, hereinafter referred to as "Mother", who currently resides at 101 Charles Street, Apartment N, Westminster, Maryland. 3. Defendant has been previously represented by Attorney Grace D'Alo of MidPenn Legal Services, 401 E. Louther Street, Carlisle, PA 17013 but, counsel for Plaintiff believes Defendant is presently unrepresented. 4. The Subject minor children of this action are: Darien M. Donnelly Landon P. Donnelly Alexis M. Donnelly Born: July 31, 1999 Born: June 19, 2001 Born: June 19, 2001 5. On October 18, 2007, the Court entered a Custody Order, granting joint legal custody, granting Defendant primary physical custody and granting Plaintiff partial physical custody. A copy of said Order, and all underlying Order's referred to therein, are attached hereto collectively as Exhibit "A." 6. Plaintiff believes that Defendant intends to relocate with the children to a distance of greater than two hours from Plaintiff's current home with the children. 7. Defendant has neither discussed the move of the children with Plaintiff,, nor the implications of changing the children's schooling once again. 8. Plaintiff suggests that such a move would be contrary to the children's best interests. 9. The move would seriously impair Plaintiffs ability to be an active parent for the children and his ability to see them on a regular basis. 10. Defendant intends to move the children to impair their relationship with Plaintiff and to avoid ongoing investigation by Children and Youth Services. 11. Plaintiff believes that Defendant is also under investigation by a Cumberland County Police Department and Cumberland County Children and Youth Services. 12. Defendant does not have a valid basis for the move which is not in the best interests of the children. 13. Under Plowman v. Plowman, 409 Pa. Super. 143, 597 A.2d 701 (1991), prior to removal of the children, the Court must hold an evidentiary hearing on the proposed relocation to examine the factors set forth in Gruber v. Gruber, 400 Pa. Super. 74, 583 A.2d 434 (1990). 14. Defendant should not be allowed to move the children pending the scheduling of this hearing. 15. The children have indicated to Plaintiff that they were not supposed to tell him about the move and that they would get in trouble if Defendant knew that the Children had informed Plaintiff. 16. The children have also informed Plaintiff that they were recently stopped while attempting to drive away from school by an agent of Children and Youth services and interviewed while in the Defendant's motor vehicle. 17. Since Defendant has not discussed the specifics of the move, Plaintiff does not know exactly when, or where, the children will be relocated. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an emergency injunction preventing Defendant from moving the children until such time as there can be a hearing to determine whether such a move is in the children's best interests. Date: #eph D. C 96iol&,tsquire 7oreman & Caraciolo, P.C. 112 Market Street, 6'1' Floor Harrisburg, PA 17101-2015 ID# 90919 Tel. (717) 236-9391 Sep 18 99 03:30p Tim Ricker 7175822921 p,1 "_ ='174-1E COURT' O C0,Wfiri01\F PLEAS C-I xa77.tlz.; .BEISI.?' ND tt tt-e?rr 1 ?..Uvt1-1, P1I'JJ zV.[iA 'i 'a. Na%D::6-:7'+3 Civil Te,- M NORTONYERPRICATION t'y u ct i,G. SitS.T,rieitaS lA3v' lf?° turv a: 9 drx?ament are true and come" to € c ,L; of r4' y To :.ae Lxkmt that any of the averments are based. pol; an C` : uli?#. v' i?a€s?r<d tip 3 i$ r f 4h, 7 }I+ 3 :3 4 f3tST75L'i in Y31a3&Ig tllS VC'P.hCw uaiderzstand 1ha, a1Se sjaiei"TF?" S : i z a <ac 7?38i subject to the penalties of 1.8 pa. C_S. t Dal, )AVID F. DO:ti'NFLLY Exhibit A DAVID F. DONNELLY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v 2006-936 CIVIL TERM LESLIE L. NORTON, Defendant IN CUSTODY IN RE: PETITION FOR MODIFICATION ORDER OF COURT AND NOW, this 18th day of October, 2007, pursuant to an agreement reached in chambers by counsel for the parties in the above-captioned case, the father's Petition for Modification of Custody at issue herein is deemed withdrawn, and the custodial terms of the Order of Court dated July 24, 2007, shall remain in full force and effect. Joseph._). Caraciolo, Esquire 1 arket Street th Floor Harrisburg, PA 17101 For Plaintiff Grace E. D'Alo, Esquire MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 For Defendant mae TRUE COPY FROM RECORD In Testi ny wh::reof, 1 ht.r,. unto set my and and t &I of sai a rtis , Pa. This _..: y 0 n n nrYl . . By the Court, DAVID F. DONNELLY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-936 CIVIL ACTION - LAW LESLIE L. NORTON, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this day of , 2007, upon consideration of the attached Custody Conciliatio eport, it is ordered and directed as follows: 1. A Hearing is scheduled in Cou Ro o. 1 , of the Cumberland County Court House, on the day of , 2007, at g ?30 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 ten days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Order of Court dated June 28, 2006 shall remain in full force and effect with the following modifications: 3. During the summer, Mother's weekend custodial periods shall be from Friday at 3:30 p.m. to Sunday at 5:00 p.m. 4. During the school year, Father's custodial times shall be from Friday at 3:30 p.m. to Sunday at 5:00 p.m. 5. Transportation shall be shared such that in the summer the relinquishing party shall transport and during the school year, the receiving party shall transport. 6. For Labor Day, Mother's weekend custodial time shall be extended through Labor Day at 5:00 p.m. 7. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. dy. A (J.9f3jiL J. cc: Joseph D. Caraciolo, Esquire, Counsel for Father Jessica Holst, Esquire, Mid Penn Legal Services, Counsel for Mother BY THE COURT, DAVID F. DONNELLY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW LESLIE L. NORTON, Defendant NO. 06-936 CIVIL TERM ORDER OF COURT AND NOW, this 28 h day of June, 2006, upon consideration of Plaintiffs Complaint for Custody, filed February 17, 2006, with respect to the parties' children, Darien M. Donnelly (d.o.b. July 31, 1999), Landon P. Donnelly (d.o.b. June 19, 2001), and Alexis M. Donnelly (d.o.b. June 19, 2001), and following a hearing held on June 26, 2006, the custodial terms of the order of court dated March 31, 2006, are entered as a final order. BY THE COURT, ,4hana M. Pugh, Esq. 2108 Market Street Aztec Building Camp Hill, PA 17011-4706 Attorney for Plaintiff grace E. D'Alo, Esq. MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 Attorney for Defendant J[ /Wesley Oler, , J. (?A4 0?T :rc i R C`P,T k7F?,Ia { MAR -3 0 2006 Al 13Y: j DAVID F. DONNELLY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-936 CIVIL ACTION - LAW LESLIE L. NORTON, . Defendant : IN CUSTODY ORDER OF COURT AND NOW, this _A day of IM2; _L2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I . A Hearing is scheduled in Court Room No. Z_, of the Cumberland County Court House, on the.-,V *_ day of ,e, , 2006, at 17: 3 C o'clock, $. 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 (or the party) shall file with the Court and opposing counsel (or the party) 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 following shall remain in effect: 3. The Father, David F. Donnelly, and the Mother, Leslie L. Norton shall have shared legal custody of Darien M. Donnelly, born July 31, 1999, Landon P. Donnelly, born June 19, 2001 and Alexis M. Donnelly, born June 19, 2001. 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, all decisions regarding their health, education and religion. 4. Mother shall have primary physical custody of the children. 5. Father shall have the following periods of partial physical custody of the children: A. During the school year, every weekend from Friday at 7:00 - 7:30 p.m. to Sunday at 5:00 p.m. B. During summer vacation, Father shall have primary physical custody of the children and Mother shall have physical custody every weekend at the same times as indicated in Paragraph 5A. C. Such other rimes as the parties agree. 6. Transportation shall be shared such that the parties shall meet at the Sheetz station in Mifflintown, Pennsylvania. 7. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. ccr avid F. Donnelly, pro se 162 Cedar Lane Carlisle, PA 17013 lie L. Norton, pro se RD4Box312 Huntingdon, PA 16652 D? nv Irur (`nr rDT i'i'' T1 01-- e ", THr .. '- f . 2015 fIA' R 31 Ari .10: 58 DAVID F. DONNELLY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 06-1743 Civil Term LESLIE L. NORTON, CIVIL ACTION - LAW Defendant CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Petition upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by mailing the same postage prepaid, first class mail, addressed as follows: Leslie L. Norton 101 Charles Street, Apartment N Westminster, Maryland Date: d D i i /- iviarxet zmreet, o-" door Harrisburg, PA 17101-2015 ID# 90919 Tel. (717) 236-9391 r? 1 S. 2DDD?' 2 F' 4. t t $ 70,06f 4 a-#-7 Fd e'ek4k ck A'- 17 (6 /2 f"t- -L 3 ?- )L--4 ;- DAVID F. DONNELLY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW LESLIE L. NORTON, Defendant NO. 06-936 CIVIL TERM ORDER OF COURT AND NOW, this 23`d day of October, 2009, upon consideration of Plaintiff's Petition for Emergency Injunctive Relierf, this matter is referred to the custody conciliation process pursuant to C.C.R.P. 1915.12-1, and the Court Administrator is requested to facilitate this referral for an expedited conciliation conference. BY THE COURT, Zioseph D. Caraciolo Esq. 112 Market Street 6d' Floor Harrisburg, PA 17101-2015 Attorney for Plaintiff Leslie L. Norton 101 Charles Street Apartment N Westminster, MD 21157 Defendant, pro Se Wesley Oler, Jr., Court Administrator :rc C ?s? a? OCT 29 0 21 0 I CX' , ?i.t??:t ciQY DAVID F. DONNELLY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. LESLIE L. NORTON DEFENDANT 2006-936 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, October 26, 2009 , 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, November 17, 2009 at 8:30 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/ 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 RZD- ICE OF THE PROTHONOTARY 2009 OCT 27 PM !2*.35 CUIV R --;i.. "JUNTY PENNSYLVANIA DAVID F. DONNELLY, Plaintiff V. LESLIE L. NORTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-936 CIVIL TERM ORDER OF COURT AND NOW, this 23`d day of October, 2009, upon consideration of Plaintiff's Petition for Emergency Injunctive PW€, this matter is referred to the custody conciliation process pursuant to C.C.R.P. 1915.12-1, and the Court Administrator is requested to facilitate this referral for an expedited conciliation conference. BY THE COURT, Wesley Oler, Jr., J? Joseph D. Caraciolo, Esq. 112 Market Street 6d' Floor Harrisburg, PA 17101-2015 Attorney for Plaintiff Leslie L. Norton 101 Charles Street Apartment N Westminster, MD 21157 Defendant, pro Se urt Administrator :rc Joseph D. Caraciolo, Esquire Foreman & Caraciolo, P.C. Attorney ID No. 90919 112 Market Street, 6th Floor Harrisburg, PA 17101 (717) 236-9391- Telephone (717) 236-6602 - Facsimile joseph®ffclaw.net DAVID DONNELLY, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. No. 2006-936 LESLIE L. NORTON, CIVIL ACTION-LAW Defendant. IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that a copy of the Order of Court dated October 26, 2009 has been served upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by mailing the same by first class mail, addressed as follows: Leslie L. Norton 101 Charles Street, Apt. N Westminster, MD 21157 Respectfully .P mu ?/j D e D. ID No. 90919 q12 Market Street, 6thFloor Harrisburg, PA 17101 Telephone (717) 236-9391 Facsimile (717) 236-6602 EXHIBIT "A" FOF AREMAN & ARACIOL( ATTORNEY YS AT LAW October 29, 2009 Leslie L. Norton ?) P K 101 Charles Street, Apt. N ?`?r/ L1 Westminster, MD 21157 Re. Donnelly v. Norton - Custody Dear Ms. Norton: 112 Market Street, 611' Floor Veterans Building Harrisburg, PA 17101 (717) 236-9391- Telephone (717) 236-6602 - Facsimile www.TheHarrisburgLawyers.com Please find enclosed an Order of Court scheduling a Pre-Hearing Custody Conference on November 17, 2009. If you have any questions, please contact an attorney. Enclosure ), PC Bruce D. Foreman, Esquire Joseph D. Caraciolo, Esquire Sincerely, bruce@FFClaw.net joseph@FFClaw.net DAVID F. DONNELLY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2006-936 CIVIL ACTION LAW LESLIE L. NORTON IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, October 26, 2009 , 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, November 17, 2009 at 8:30 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/ 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 170 ! 17, FP Tnr) elephone (717) 249 16&mcny .yih r;o I l rc iy bend and the seal of said Court at Carr ??, Pa. This .. .... day of ..... ........ t`...... ,,°,, Prothonotary LED" OF tae i''.. a,^ g , `i" AF Y 2009 NOV 10 NMI 10: 0 +, l DAVID F. DONNELLY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-936 CIVIL ACTION - LAW LESLIE L. NORTON, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this [ ?1% day of 0 ay, , 2009, 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 4 , 20L, at : Yd o'clock, A. M., at which time testimony will be taken. or purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party (or the party) shall file with the Court and opposing counsel (or the party) 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 October 18, 2007 shall remain in full force and effect with the following modifications: 3. Transportation shall be shared such that the receiving party shall transport, Mother shall pick up at Father's residence; Father shall pick up at Exit 5 (Greencastle) of I-81. 4. Exchange times shall be 5:00 p.m. 5. Mother shall have physical custody of the children for Thanksgiving. Father shall have physical custody of the children beginning on Christmas Eve at 5:00 p.m. and continue until Sunday, December 27, 2009 until 5:00 p.m. 6. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. cj?eseph Caraciolo, Esquire, counsel for Father , Ifeslie L. Norton, pro se 25227 Golden Cross Street SW Westernport, MD 21562 4 BY THE COURT, 111d+10 ?u?nh ha DAVID F. DONNELLY, Plaintiff V. LESLIE L. NORTON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-936 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 Darien M. Donnelly July 31, 1999 Mother Landon P. Donnelly June 19, 2001 Mother Alexis M. Donnelly June 19, 2001 Mother 2. A Conciliation Conference was held November 17, 2009 with the following individuals in attendance: The Father, David F. Donnelly, with his counsel, Joseph Caraciolo, Esquire and the Mother, Leslie L. Norton, pro se. 3. The Honorable J. Wesley Oler, Jr. previously entered an Order of Court dated October 18, 2007 providing for shared legal custody, Mother having primary physical custody and Father having every weekend during the school year. This schedule is reversed during the summer. Judge Oler entered an Order of Court dated October 23, 2009 referring Father's Petition for Emergency Relief to the conciliation process. 4. Father's position on custody is as follows: Father seeks shared legal and primary physical custody so that the children can be relocated to the Cumberland County area. Father complains that Mother did not advise him of the relocation and he was unable to obtain information of the children's new residence or school. 5. Mother's position on custody is as follows: Mother seeks to maintain the status quo. She indicates that there was a shooting in her prior apartment building and the rent was too high. She relocated to a house owned by a friend of her boyfriend and it is rent to own. She is currently looking for a job. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and maintaining the status quo with minor changes. It is estimated that the hearing will require one-half day and counsel for Father requests an expedited hearing. i" Date acq line A Verney, Esquire Custody Conciliator DAVID F. DONNELLY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA (? N Cr•?a vs. NO. 06-936 Civil Term rq rr rri i LESLIE L. NORTON, CIVIL ACTION - LAW c» -TJ ill Defendant ` CD MOTION FOR CONTINUANCE AND NOW, comes the Plaintiff, David F. Donnelly, by and through his attorneys, Foreman & Caraciolo, P.C. and avers as follows: 1. Defendant is David F. Donnelly, who currently resides at 162 Cedar Lane, Carlisle, Pennsylvania. 2. Plaintiff is Leslie L. Norton, who currently resides at 25227 Golden Cross Street SW, Westernport, Maryland, 21562. 3. The Honorable Judge Oler, Jr. of the Court of Common Pleas of Cumberland County scheduled a hearing on Plaintiff's petition to modify custody on February 18, 2010. 4. Counsel for Plaintiff contacted Defendant, who is Pro Se regarding this hearing and Defendant indicated that she believed the hearing to be scheduled for November 2010. 5. Counsel for Plaintiff is requesting a continuance in order to allow both parties the opportunity to fully investigate matters, including pending Children and Youth Services allegations of abuse. 6. Both parties concur with this request for a continuance. 7. No party has previously requested a continuance on this matter. 8. Neither party will be prejudice by the Court granting this continuance. WHEREFORE, Plaintiff, David F. Donnelly, respectfully requests that this Honorable Court continue the Hearing now scheduled for Thursday, February 18, 2010. 0-144 0-t& to Dat Respectfully Submitted, FOREMAN & T h D. Ca#ciolK, ire omey ID No. 909 12 Market Street, 6 h Floor Harrisburg, PA 17101 (717) 236-9391 - Telephone (717) 236-6602 - Facsimile P.C. % • A DAVID F. DONNELLY, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 06-936 Civil Term LESLIE L. NORTON, CIVIL ACTION -LAW Defendant CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the Motion for Continuance upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure by depositing the same in United States First Class mail addressed as follows: Leslie L. Norton 25227 Golden Cross Street SW Westernport, MD 21562 Respectfully/dub' FOREMAd'? & ;?L'A )L-//C X10 D to J h D. Cara io , EsgKre T12 ey ID No. 90919 Market Street, 6 h Floor Harrisburg, PA 17101 (717) 236-9391 - Telephone (717) 236-6602 - Facsimile rr-n. 9 2010 DAVID F. DONNELLY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 06-936 Civil Term LESLIE L. NORTON, CIVIL ACTION -LAW Defendant ORDER AND NOW, this t 9 day of F , , 2010, and based on the Plaintiff's Motion to Continue, and noting Defendant's concurrence with the same, the motion is hereby GRANTED and the matter currently scheduled for a hearing on February 18, 2010 is rescheduled to the 5-Vt- day of , 2010, at m., Courtroom _ I /of the Cumberland County Court of Common Pleas. Distribution: Joseph D. Caraciolo, Esquire (Attorney for Plaintiff) 112 Market Street, 6th Floor, Harrisburg, PA 17101 "--XLeslie L. Norton (Pro Se Plaintiff) 25227 Golden Cross Street SW, Westernport, MD 21562 ?7j IT-1 co `r a_-A,_j t 6) ra :`S n r X 7 TT TT !' fNT TI7' P DOUG TUTTLE, VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-936 Civil Term HEATHER BUTLER, CIVIL ACTION - LAW Defendant MOTION FOR CONTINUANCE INDEFINITELY ?-R rT -Tim -? c-n AND NOW, comes the Plaintiff, Doug Tuttle, by and through his attorneys, Foreman & Caraciolo, P.C. and avers as follows: 1. Defendant is Doug Tuttle, who currently resides at 162 Cedar Lane, Carlisle, Pennsylvania. 2. Plaintiff is Heather Butler, who currently resides at 5699 Creekview Road, Mechanicsburg, Pennsylvania 17050. 3. Plaintiff filed a Petition for Emergency Injunctive Relief on March 1, 2010. 4. The Honorable Judge Guido of the Court of Common Pleas of Cumberland County scheduled a hearing' on Plaintiff's Petition for Emergency Injunctive Relief for March 22, 2010. 5. The parties have reached an agreement and are preparing a stipulation for filing. 6. The parties believe the agreement is in the best interest of the children. 7. Counsel requires time to prepare the specific language of the agreement and obtain signatures by the parties. 8. No party has previously requested a continuance on this matter. 9. Neither party will be prejudice by the Court granting this continuance. Plaintiff 10. Counsel for Defendant, Jay Braderman, Esquire, and Defendant concur with the relief requested herein. WHEREFORE, Plaintiff, Doug Tuttle, respectfully requests that this Honorable Court continue the hearing now scheduled for Monday, March 22, 2010 indefinitely. 11!?61l0 Dat q?(ttorney ID No. 90919 1 12 Market Street, 6 h Floor Harrisburg, PA 17101 (717) 236-9391 - Telephone (717) 236-6602 - Facsimile Respectfully Submitted, DOUG TUTTLE, vs. Plaintiff HEATHER BUTLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-936 Civil Term CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the Motion for Continuance upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure by depositing the same in United States First Class mail addressed as follows: Jay R. Braderman, Esquire Attorney for Defendant P.O. Box 1245 Harrisburg, PA 17108-1245 Respectfully Submitted, FOREMAN & CARACI c3 i /'? 1-aw tv D to Jq1eph D. CVaciol6%Esquire ttorney ID No. 90919 112 Market Street, 6 b Floor Harrisburg, PA 17101 (717) 236-9391 - Telephone (717) 236-6602 - Facsimile P.C. A MAR 2 3 20% DOUG TUTTLE, Plaintiff vs. HEATHER BUTLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-936 Civil Term CIVIL ACTION - LAW ORDER AND NOW, thi4 "day of , 2010, and based upon the Motion of Plaintiff, Doug Tuttle, and noting the concurrence of Defendant, Heather Butler, and Defendant's counsel, Jay R. Braderman, Esquire, the hearing presently scheduled for March 22, 2010 is hereby continued INDEFINITELY pending a final resolution by the parties. BY THE COURT The Honorable Edward E. Guido, Judge Distribution: / ,/Joseph D. Caraciolo, Esquire (Attorney for Plaintifj) 112 arket Street, 6th Floor, Harrisburg, PA 17101 - Jay R. Braderman, Esquire (Attorney for Defendant) P.O. Box 1245, Harrisburg, PA 17108-1245 (20f i-es, ,a,LL 3?aYl?d N d7 N) RC`_ L} "f ' Q F: FILES Clients' 5492 Mid Penn\5492.81\5492.81.pra Revised: 430 10 1 03PM Thomas J. Williams, Esquire L0I0 APR 30 Ps 1 MARTSON DEARDORFF WILLIAMS OTTO GILROY & LER MARTSON LAW OFFICES a ?1 f`? I.D. 17512 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Leslie L. Norton DAVID F. DONNELLY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-936 CIVIL ACTION - LAW LESLIE L. NORTON, : Defendant IN CUSTODY PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON LAW OFFICES on behalf of Defendant Leslie L. Norton in the above matter for the limited purpose of attending the custody hearing scheduled for May 5, 2010 and any continuation thereof. MARTSON LAW OFFICES By ?'t?^, J'?A:• ?x.C? aril ti Thomas J. iams, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Dated: April 30, 2010 CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Praecipe was served this date via facsimile addressed as follows: Joseph D. Caraciolo, Esquire 112 Market Street, 6`h Floor Harrisburg, PA 17101 MARTSON LAW OFFICES (!Trnicia D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: April 30, 2010 F:\FILES\Ctients\5492 Mid Pear\5492.81\5492.BLpta2 Revised: 8/9/10 9:OSAM c :~~ , Thomas J. Williams, Esquire ~D G~ ~}"~ ~ 9 ~ ; . i~ MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLE~ ~ ~ ~ a.'v~~ ~ ~ ~ `~ MARTSON LAW OFFICES ~ ,, ~,R"' ` i,~, LD. 17512 GUR ~~`~:- ", 10 East High Street `~ ~- ~ ~' Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Leslie L. Norton DAVID F. DONNELLY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA ~, N0.06-936 CIVIL ACTION -LAW LESLIE L. ECKART, f/k/a LESLIE L. NORTON, Defendant IN CUSTODY PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please amend the caption of this matter to reflect the name change of the Defendant as a result of her marriage. MARTSON LAW OFFICES By 7~ ~ '~ .,~.,. Thomas J. illiams, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Dated: August 9, 2010 . 4 CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Praecipe was served this date via facsimile addressed as follows: Joseph D. Cazaciolo, Esquire 112 Mazket Street, 6`~ Floor Harrisburg, PA 17101 MARTSON LAW OFFICES ~~ By _ Tncia D. kenroad Ten East H' Street Cazlisle, PA 17013 (717) 243-3341 Dated: August 9, 2010 I DAVID F. DONNELLY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW LESLIE L. ECKART, 0 Defendant NO. 06-936 CIVIL TERM o Z ORDER OF COURT AND NOW, this 19`h day of August, 2010, upon consideration of Plaintiff s Petition for Emergency Injunctive Relief, with respect to the parties' children, Darien M. Donnelly (d.o.b. July 31, 1999), Landon P. Donnelly (d.o.b. June 19, 2001) and Alexis w M. Donnelly (d.o.b. June 19, 2001), and following a hearing held on May 5, 2010, and a August 16, 2010, it is ordered and directed as follows: 1. All prior custody orders are vacated. 2. The parties shall share legal custody of the children. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting their well-being including, but not limited to, all decisions regarding health, education and religion; 3. The Court finding that Defendant mother's relocation of her residence to Westernport, Maryland, from Westminster, Maryland, (a) is likely to significantly improve the quality of life for Defendant and the children, (b) was not motivated by a desire to frustrate the custodial rights of Plaintiff father or to impede the development of a healthy relationship between the children and Plaintiff, and (c) will not prevent feasible arrangements from being made to ensure a continuing, meaningful relationship between the children and Plaintiff, Defendant's relocation of her residence and that of the children during her custodial periods is approved; 4. During the school year, primary physical custody of the children shall be in Defendant, the mother, and temporary or partial physical custody of the children shall be in Plaintiff, the father, at the following times: a. Every other weekend from Friday at 5:00 p.m. until Sunday at 5:00 p.m.; b. During Christmas vacation, from Christmas Day at 5:00 p.m. until the day prior to the resumption of school at 5:00 p.m.; c. During any spring vacation, from the second day following the last day of school preceding the vacation at 5:00 p.m. to the day prior to the resumption of school at 5:00 p.m.; 5. During the summer, primary physical custody of the children shall be in Plaintiff, the father, and temporary or partial physical custody of the children shall be in Defendant, the mother, at the following times: a. For a period of two weeks during the month of July, the specific period to be noticed by Defendant in writing by the end of May; b. On the first weekends of June and August, from Friday at 5:00 p.m. until Sunday at 5:00 p.m.; 6. For purposes of exchanges, the receiving parent shall pick up the children. Mother shall pick up at Father's residence; Father shall pick up at Exit 5 (Greencastle) of I-81. 7. Neither party shall subject, or permit to be subjected, any of the children to corporal punishment; 8. Reasonable telephone contact with the children by the non- custodial parent shall be permitted by the custodial parent; 9. Nothing herein is intended to preclude the parties from deviating from the custodial terms provided in this order by mutual consent. ?Joseph Caraciolo, Esq. 112 Market Street Sixth Floor Harrisburg, PA 17101-2015 Attorney for Plaintiff ?Thomas J. Williams, III, Esq. 10 East High Street Carlisle, PA 17013 Attorney for Defendant n Co c Q.s /-n, z t LCL 8/;?3 fic) BY THE COURT, DAVID F. DONNELLY, Plaintiff v. LESLIE L. NORTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 06-936 CIVIL TERM IN CUSTODY IN RE: PLAINTIFF'S PETITION FOR EMERGENCY INJUNCTIVE RELIEF ORDER OF COURT AND NOW, this 16th day of August, 2010, upon consideration of the Plaintiff's Petition for Emergency Injunctive Relief and following a hearing held on May 5, 2010, and August 16, 2010, the record is declared closed and the matter is taken under advisement:. ?Joseph D. Caraciolo, Esquire 112 Market. Street 6th Floor Harrisburg, PA 17101 For the Plaintiff Thomas J. Williams, III, Esquire 10 East High Street Carlisle, PA 17013 For the Defendant pcb 0-0,, l,iLS fn.-LtL?CL V13 /r0 LTY1 C s 0 t? N r By the Court, DAVID F. DONNELLY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYL)(,?NIA V., - ? CIVIL ACTION - LAW r NO. 06-936 CIVIL TERM LESLIE L. ECKART , Defendant IN CUSTODY ° `Z, EMEGENCY PETITION FOR SPECIAL RELIEF NOW COMES, Petitioner, David F. Donnelly, by and through his counsel, Eric R. David, Esquire, and in support of his Emergency Petition for Special Relief avers as follows: 1. Your Petitioner is David F. Donnelly, who currently resides, at 249 Youngs Church Road, Shermansdale, Perry County, Pennsylvania 17090. 2. Your Respondent is Leslie L. Eckart who currently resides at 25227 Golden Cross Street SW, Westernport, Maryland 21540. 3. Your Petitioner filed a Petition for Emergency Injunctive Relief and an Order of Court was entered on August 19, 2010. Attached. 4. Your Petitioner is seeking primary physical custody of the minor children, Darien M. Donnelly, d.o.b. July 31, 1999, Landon P. Donnelly, d.o.b. June 19, 2001 and Alexis M. Donnelly, d.o.b, June 19, 2001. 5. Your Petitioner is the children' biological father. 6. Your petitioner believes and avers that the children are no longer safe living in Respondent's home. 7. Your petitioner believes and avers that the minor child, Alexis Donnelly has been sexually abused by a person residing in Respondent's home. f 10, 06 P c? -76 8. Respondent's husband is an alcoholic and very abusive to Respondent and the minor children. WHEREFORE, Your Petitioner respectfully requests that this Honorable Court grant a temporary order directing that the children remain at Petitioner's residence pending a hearing before the Court. Respectfully submitted, ROMINGER & ASSOCIATES, Date: Id 0 L??Z- ?4 Eric R. David, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 205748 Attorney for Plaintiff DAVID F. DONNELLY, Plaintiff V. LESLIE L. ECKART, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-936 CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE I, Eric R. David do hereby certify that I this day served a copy of the within Emergency Petition for Special Relief upon the following by depositing the same in the United States Mail, postage pre-paid, by first class mail, in Carlisle, Pennsylvania, addressed as follows: Thomas J. Williams, III, Esquire 10 East High Street Carlisle, PA 17013 Respectfully Submitted Rominger & Associates Date: December 20, 2010 Eric R. David, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717)241-6070 Supreme Court ID # 205748 Attorney for Plaintiff 10 DAVID F. DONNELLY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW LESLIE L. ECKART, Defendant NO. 06-936 CIVIL TERM ORDER OF COURT AND NOW, this 19th day of August, 2010, upon consideration of Plaintiff's Petition for Emergency Injunctive Relief, with respect to the parties' children, Darien M. Donnelly (d.o.b. July 31, 1999), Landon P. Donnelly (d.o.b. June 19, 2001) and Alexis M. Donnelly (d.o.b. June 19, 2001), and following a hearing held on May 5, 2010, and August 16, 2010, it is ordered and directed as follows: 1. All prior custody orders are vacated. 2. The parties shall share legal custody of the children. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting their well-being including, but not limited to, all decisions regarding health, education and religion; 3. The Court finding that Defendant mother's relocation of her residence to Westernport, Maryland, from Westminster, Maryland, (a) is likely to significantly improve the quality of life for Defendant and the children, (b) was not motivated by a desire to frustrate the custodial rights of Plaintiff father or to impede the development of a healthy relationship between the children and Plaintiff, and (c) will not prevent feasible arrangements from being made to ensure a continuing, meaningful relationship between the children and Plaintiff, Defendant's relocation of her residence and that of the children during her custodial periods is approved; 4. During the school year, primary physical custody of the children shall be in Defendant, the mother, and temporary or partial physical custody of the children shall be in Plaintiff; the father, at the following times: a. Every other weekend from Friday at 5:00 p.m. until Sunday at 5:00 p.m.; b. During Christmas vacation, from Christmas Day at 5:00 p.m. until the day prior to the resumption of school at 5:00 p.m.; c. During any spring vacation, from the second day following the last day of school preceding the vacation at 5:00 p.m. to the day prior to the resumption of school at 5:00 p.m.; 5. During the summer, primary physical custody of the children shall be in Plaintiff, the father, and temporary or partial physical custody of the children shall be in Defendant, the mother, at the following times: a. For a period of two weeks during the month of July, the specific period to be noticed by Defendant in writing by the end of May; b. On the first weekends of June and August, from Friday at 5:00 p.m. until Sunday at 5:00 p.m.; 6. For purposes of exchanges, the receiving parent shall pick up the children. Mother shall pick up at Father's residence; Father shall pick up at Exit 5 (Greencastle) of I-81. 7. Neither party shall subject, or permit to be subjected, any of the children to corporal punishment; 8. Reasonable telephone contact with the children by the non- custodial parent shall be permitted by the custodial parent; 9. Nothing herein is intended to preclude the parties from deviating from the custodial terms provided in this order by mutual consent. oseph Caraciolo, Esq. 112 Market Street Sixth Floor Harrisburg, PA 17101-2015 Attorney for Plaintiff Thomas J. Williams, III, Esq. 10 East High Street Carlisle, PA 17013 Attorney for Defendant TRUE COPY FROM RECORD In Testimony whored, I here unto set my hard and the seal pf said Court at Carlisle, Pa. Thisa.J of-L&A ? .?. 20 ."._ ?+ ProthonoMdrY BY THE COURT, VERIFICATION I verify that I am the Petitioner and that the statements made in the foregoing 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: 19-30 7 10 DAVID F. DONNELLY, Plaintiff V. LESLIE L. ECKART, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-936 CIVIL TERM IN RE: PLAINTIFF'S EMERGENCY PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 27?h day of December, 2010, upon consideration of Plaintiffs Emergency Petition for Special Relief, a hearing is scheduled for Tuesday, January 11, 2011, at 1:30 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. 'Eric R. David, Esq. 155 South Hanover Street Carlisle, PA 17013 Attorney for Plaintiff /Thomas J. Williams, III, Esq. BY THE COURT, J 10 East High Street C Carlisle, PA 17013 r , a Attorney for Defendant n 3 11?° Cp0e rYi G ' ° a a :rc c.) :2 C5-n rr C"3 ?" ? n A;r y CJ to Y DAVID F. DONNELLY, Plaintiff v LESLIE L. ECKART, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-0936 CIVIL TERM IN CUSTODY IN RE: EMERGENCY PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 11th day of January, 2011, upon consideration of Plaintiff's Emergency Petition for Special Relief, and following a hearing, at which Plaintiff was represented by Eric R. David, Esquire, and Defendant represented herself, the record is declared closed, and the matter is taken under advisement. By the Court, 'Eric R. David, Esquire 155 South Hanover Street Carlisle, PA 17013 For Plaintiff ? Leslie L. Eckart 25227 Golden Cross Street Southwest Westernport, MD 21562 Defendant, pro se :mae C n?a,?e? OP ?5 `~ I'? II 1? pyj CD e-? d -n ern C7 CD _ ---5 CD O -n CD C") rn CD -C DAVID F. DONNELLY IN THE COURT OF COMMON PLEAS O?, PLAINTIFF CUMBERLAND COUNTY, PENNSYLV.69A =- . n Z V. N 2006-936 CIVIL ACTION LAW s' °o LESLIE L. ECKART =© . _ --- ? IN CUSTODY .. DEFENDANT • " rU ORDER OF COURT AND NOW, __Friday, January 21, 2011 , 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, February 17, 2011 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. 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 a6 V? 32 South Bedford Street arlisle, Pennsylvania 17013 _ ,.. Telephone (717) 249-3166 co rb-4c-4 -'?' J-? '14r? I-, DAVID F. DONNELLY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-936 CIVIL ACTION - LAW 7 «, LESLIE L. ECKART, :; Defendant : IN CUSTODY r ORDER OF COURT AND NOW, this 1 day of 2011, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated January 12, 2011 is hereby vacated. The prior Order of Court dated August 19, 2010 shall remain in full force and effect with the following modifications. 2. Defendant shall not permit the parties' child, Alexis M. Donnelly, to be in the presence of Danny Spittler and shall not at any time leave the said child in her home without the supervision of an adult. 3. Any court order arising out of a proceeding instituted by a children's services agency which conflicts with this order shall supersede this order to the extent of the conflict. 4. Mother shall communicate with the Father concerning legal custody matters. Mother shall send book bags, school work and any prescription medication with the children for Father's periods of physical custody. 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 R. David, Esquire, Counsel for Father Leslie L. Eckart, pro se 25227 Golden Cross Street SW Westernport, MD 21562 ?d? i es m? ? ?.?cL DAVID F. DONNELLY, Plaintiff V. LESLIE L. ECKART, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-936 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 Darien M. Donnelly July 31, 1999 Mother Landon P. Donnelly June 19, 2001 Mother Alexis M. Donnelly June 19, 2001 Mother 2. A Conciliation Conference was held in this matter on February 17, 2011, with the following in attendance: The Father, David F. Donnelly, with his counsel, Eric R. David, Esquire, and the Mother, Leslie L. Eckart, pro se. 3. The Honorable J. Wesley Oler, Jr. previously entered Orders of Court dated August 19, 2010 and January 12, 2011 providing for shared legal custody, Mother having primary physical custody during the school year, Father having primary physical custody during the summer with Mother having two weeks in July and the first weekend in June and August, and for the child Alexis to have no contact with Danny Spittler and not be left unsupervised. 4. The parties agreed to an Order in the form as attached. Date: -! 7 iVerney, Esquire Custody Conciliator IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID F. DONNELLY: Plaintiff ` v5. p 2 � "" rt LESLIE L. ECKART No.06-936 `�cy CD Defendant C- � PETITION TO PROCEED IN FORMA PAUPERIS T� cs Petitioner, Leslie L. Eckart, requests the Court to allow her to proceed without payment of the costs in this matter and in support of such request, has completed the attached Affidavit of Financial Status. Date: C� --�— 1 J� Petitioner �- I., ' DAVID F. DONNELLY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. LESLIE L. ECKART No.06-936 Defendant AFFIDAVIT OF FINANCIAL STATUS 1. 1 am the Plaintiff/Defendant in the above matter and because my financial condition am unable to pay the fees and costs of prosecuting or defending the action or proceeding. 2. 1 am unable to obtain funds from anyone, including my family and associates,to pay the costs of litigation. 3. 1 represent that the information below relating to my ability to pay the fees and costs is true and correct. a. Name: Leslie L. Eckart Address: 25227 Golden Cross St. SW Westernport, MD 21562 b. Employment: If you are presently employed, state Employer: Address: Salary or wages per month: Type of work: If you are presently unemployed,state Date of last employment: April 2012 Salary or wages per month:8.46 per hour x 20 hours=676.80 Type of work: Dietary Assistant c. Other income within last twelve months: Business or profession: N/A Other self-employment: N/A Interest N/A Dividends: N/A Pension and annuities: N/A Social Security benefits: N/A Support payments: 53.12 per month Disability payments: N/A Unemployment Compensation and supplemental benefits: N/A Workman's compensation: N/A Public Assistance: N/A Other: N/A d. Other contributions to household support: Husband Name: Steven P. Eckart If your wife/husband is employed, state: Employer: N/A Salary or wages per month: N/A Type of work: N/A L Contributions from children: SSI Darien M. Donnelly 706.40 SSI Alexis M. Donnelly 706.39 Contributions from parents: N/A Other contributions: N/A e. Property owned: Cash:0.00 Checking account: 0.00 Savings account: 0.00 Certificates of deposit: N/A Real estate (including home): N/A Motor Vehicle Make Year: 2001 Nissan Frontier Cost:Approximately 15,000.00 Amount owed:0.00 Stocks and bonds: N/A Other: N/A f. Debts and Obligations: Mortgage: N/A Rent: 625.00 Loans:Approximately 4,000.00 in School Loans Other:)WAA LAfiU" 46-0 . OU g. Persons dependent upon you for support: Husband name: Steven P. Eckart Y 3 Children: Darien M. Donnelly(d.o.b.July 31, 1999) Landon P. Donnelly(d.o.b.June 19,2001) Alexis M. Donnelly(d.o.b.June 19, 2001) Other persons: N/A Name: N/A Relationship: N/A 4. 1 understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. 1 verify that statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa C.S.4909, relating to unsworn falsification to authorities. Date: 3 Petitioner:��a &Ixn, DAVID F. DONNELLY : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW LESLIE L. ECKART : NO. 06-936 CIVIL TERM Defendant : IN CUSTODY `` co EMERGENCY PETITION FOR SPECIAL RELIEF _r NOW COMES, Petitioner, LESLIE L. ECKART, respectfully representing that on August 19, 2010, an Order of the Court was entered for custody, a true and correct copy of which is attached. 1. Mr. Donnelly has been in contempt of said order 3 times. A. The first,being December 19, 2010. Mr. Donnelly refused to return the children to Mrs. Eckart following his weekend with the children. B. The second, after a hearing held January 11, 2011 at which time the Honorable Judge J. Wesley Oler, Jr. ordered the children to be returned to Mrs. Eckart on January 12, 2011. Mr. Donnelly still refused to return custody -to Mrs. Eckart. Only after being told by Jessica Holst, counsel for Mrs. Eckart, that contempt charges would be filed, did Mr. Donnelly return the children on January 21, 2011. The children were not attending school during this time. C. The third refusal to return the children was August 2, 2013. On July 30, 2013 Mr. Donnelly informed Mrs. Eckart he would not be in Greencastle, PA on August 2, 2013 at the designated place to transfer the custody of the children back to Mrs. Eckart. 2. Due to Mr. Donnelly's history, Mrs. Eckart, in the best interest of her children, is respectfully requesting: A. Mr. Donnelly be made to appear in court, with the children, Darien M. Donnelly (d.o.b. July 31, 1999), Landon P. Donnelly (d.o.b. June 19, 2001), and Alexis M. Donnelly (d.o.b. June 19, 2001). B. Mrs. Eckart also respectfully request that Mr. Donnelly be instructed to cease discussion of Mrs. Eckart's past sexual encounters. Darien Donnelly (age 14) asked his Mrs. Eckart about one particular encounter. Mrs. Eckart does not feel that this type of conversation with the children is appropriate. C. Mrs. Eckart respectfully request full custody of afore mentioned children. D. Mrs. Eckart also respectfully asks that Mr. Donnelly be given supervised visitation, in Maryland, where the children reside. Mr. Donnelly has shown a total disregard for the courts order and therefore cannot be trusted to return the children when required. Mr. Donnelly's disregard for the court order has prevented the children from attending school; therefore Mrs. Eckart is requesting special relief in this case in order for the children to be home in time for their first day of school on August 26, 2013. WHEREFORE, Petitioner respectfully requests that this Honorable Court grant special relief in the modification and contempt of the existing Order dated August 19th, 2010 for (primary)physical custody of the children, and in the best interest of the children. By Leslie L. Eckart (Defendant) 25227 Golden Cross St. SW Westernport, MD 21562 (717) 443-1154 Dated: 3 Name NO. 06-936 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. (:3 ..� DATE Plaintiff/Defendant C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID F. DONNELLY vs. No.06-936 LESLIE L. ECKART ORDER AND NOW,this/Y/4 day of(Leel' , 20/3, upon consideration of the attached Petition and Affidavit of Financial Status, it is hereby Ordered that the Petitioner, Leslie L. Eckart, is permitted to proceed with the filing of his/her action or appeal In Forma Pauperis,and shall not be required to pay the costs or fees payable in connection with such matter, but conditioned upon his/her payment of such costs from the proceeds of an financial recovery in this case. BY THE COURT: ,7) 6e,/,' ..=-4"-' ,,T; - 7,(A u _ • / �A DAVID F. DONNELLY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. NO. 06-0936 CIVIL LESLIE L. ECKART, Defendant ORDER AND NOW,this 1 day of August, 2013,the above-captioned case is assigned to the Honorable J. Wesley Oler, Jr., Senior Judge. BY THE COURT, Kev' A. Hess, P. J. The Honorable J. Wesley Oler, Jr. '111�_Ourt Administrator :rlm / r- p1 L`atC.�lIJ IL C*,). ,•.., r C -p 3 w CAS-- `�- 8-P -. mg C.) C,m CI .. i. C C= DAVID F.DONNELLY, IN THE COURT OF COMMON PLEAS OF n M r Mo. G Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA� C=) A V. CIVIL ACTION-LAW rte • LESLIE L.ECKART, NO.06-936 CIVIL TERM Defendant IN CUSTODY =p c-� EMERGENCY PETITION FOR SPECIAL RELIEF NOW COMES, Petitioner,David F..Donnelly,counseled by himself and in support of his Emergency Petition for Special Relief avers as follows: 1. Your Petitioner is David F.Donnelly,who currently resides at 249 Youngs Church.Road, Shermans Dale,Perry County,Pennsylvania 17090. 2.Your Respondent is Leslie L.Eckart,who currently resides at 25227 Golden Cross Street SW, Westernport,Maryland 21540. 3.Your Petitioner is seeking full custody of the minor children,Darien M.Donnelly,d.o.b. July 31, 1999,Landon P.Donnelly,d.o.b.June 19,2001 and Alexis M.Donnelly,d.o.b.June 19,2001. 4.Your Petitioner is the childrens'biological father. 5. Your Petitioner on behalf of afore mentioned children,is requesting they be able to speak with a Judge so their voices may be heard. The afore mentioned children are of age to decide where they wish to live. 6. Your Petitioner believes that Mrs.Eckarts husband Steven P.Eckart,presents danger to himself,Mrs.Eckart,afore mentioned children and anyone in his presence,due to history of drinking, verbal and mental abuse to all mentioned. 7. Your Petitioner also believes that Mr.Eckart has been incarcerated recently because of afore mentioned history. 8. Your Petitioner had enrolled afore mentioned children into school at West Perry High School and West Perry Middle School only to have Mrs.Eckart send school notification to deny enrollment of children. 9. Your Petitioner was under the impression from Leslie Norton and Dale Norton,Mrs.Eckarts' Step-mother and Father,that the afore mentioned children were to be staying at Petioners home and residing L+ 83. 0 0 { r7- n with Petitioner. Petitioner has records to back this up. WHEREFORE, Your Petitioner respectfully requests that this Honorable Court grant a temporary order directing that the children remain at Petitioner's residence pending a hearing before the Court. Respectfully submitted, Date: I — ���"'TTT��� David F.Donnelly 249 Youngs Church Road Shermans Dale,PA 17090 (717)343-1370 Plaintiff DAVID F. DONNELLY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION LESLIE L. ECKART, Defendant NO. 2006-936 CIVIL TERM IN RE: DEFENDANT'S EMERGENCY PETITION FOR SPECIAL RELIEF AND NOW, this 4th day of September, 2013, upon consideration of Defendant's Emergency Petition for Special Relief, filed August 8, 2013, the matter is referred to the custody conciliation process, and the Court Administrator is requested to facilitate this referral. BY THE COURT, Weslejoler, Jr.,-S.-J. z Court Administrator Cumberland County Courthouse David F. Donnelly 249 Young Church Rd. Shermansdale, PA 17090 Plaintiff Leslie L. Eckart 25227 Golden Cross St. SW ZZ rnw Cn Westernport, MD 21562 M M Defendant .., oseph Caraciolo, Esq. n -- al Sixth Floor - - , -t CD C .. - 112 Market St. lw, > Harrisburg, PA 17101-2015 Courtesy Copy e ep LCL DAVID F. DONNELLY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION—LAW LESLIE L. ECKART, Defendant NO. 06-936 CIVIL TERM IN RE: PLAINTIFFS' EMERGENCY PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 4h day of September, 2013, upon consideration of Plaintiffs' Emergency Petition for Special Relief, this matter is referred to the custody conciliation process, and the Court Administrator is requested to facilitate this referral. BY THE COURT, J(psley Ol , Jr. S.J. David Donnelly 249 Youngs Church Road Shermansdale, PA 17090 Plaintiff, pro Se Leslie L. Eckart 25227 Golden Cross Street SW Westernport, MD 21540 Defendant, pro Se Court Administrator :rc �c : eop;es LL 9��/�3 DAVID F.DONNELLY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2006-936 CIVIL ACTION LAW LESLIE L. ECKART IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday,September 05,2013 _, upon consideration of the attached Complaint, it is hereby directed that pat-ties and their respective counsel appear before Jacqueline M.Verney,'Esq.,the conciliator, at 4th Floor,Cumberland County Courthouse,Carlisle on Tuesday,October 01,2013 1:30 PM for a Pre-Hearing Custody Conference. At such conference, all 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/ faequeKne 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 OFFIC�SET" FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, • CM Cumberland County Bar Association 0 —o 32 South Bedford Street Carlisle, Pennsylvania 17013 -.4 C.D J. Telephone (717) 249-3166 Cn Ln DAVID F. DONNELLY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2006-936 CIVIL ACTION LAW LESLIE L.ECKART IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday,September 05,2013 —,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,October 01,2013 1:30 PM 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 02s, m-A-tta— 32 South Bedford Street -O:r MW Carlisle, Pennsylvania 17013 r- Telephone (717)249-3166 r— C) DAVID F. DONNELLY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-936 CIVIL ACTION - LAW LESLIE L. (NORTON) ECKART,: Defendant : IN CUSTODY ORDER OF COURT AND NOW,this 2c d day of t Lt. 1 c_r , 2013, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated August 19, 2010 is hereby vacated. 2. Father's Emergency Petition for Special Relief is hereby withdrawn. 3. The parties shall have shared legal and shared physical custody of Darien M. Donnelly, born July 31, 1999, Landon P. Donnelly, born June 19, 2001, and Alexis M. Donnelly, born June 19, 2001, as agreed by the parties. 4. 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, OZZ' S II ô 1 -, cc: David F. Donnelly, pro se 249 Youngs Church Road #Shermans Dale, PA 17090 = �. Leslie L. Eckart, pro se mT 25227 Golden Cross Street SW ---+ rn Westernport, MD 21540 -<> lc/ 2i J DAVID F. DONNELLY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-936 CIVIL ACTION - LAW LESLIE L. (NORTON) ECKART,: 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 Darien M. Donnelly July 31, 1999 shared Landon P. Donnelly June 19, 2001 shared Alexis M. Donnelly June 19, 2001 shared 2. A Conciliation Conference was held October 1, 2013 with the following individuals in attendance: The Father, David F. Donnelly, pro se and the Mother, Leslie L. (Norton) Eckart, pro se. 3. The Honorable J. Wesley Oler, Jr. previously entered an Order of Court dated August 19, 2010 providing for shared legal custody, Mother having primary physical custody during the school year and Father having primary physical custody during the summer with the other party having alternating weekends. 4. The parties agreed to an Order in the form as attached. fv t r3 114. Date Jac eline M. Verney, Esquire Custody Conciliator