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HomeMy WebLinkAbout06-2059SHANE D. MARTIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW COURTNEY ALBRIGHT, : NO. 06 - a ?S J CIVIL TERM Defendant : IN CUSTODY I COMPLAINT FOR CUSTODY NOW comes the plaintiff, Shane D. Martin, by and through his attorney, Mark F. Bayley, Esquire, and presents the following compalint for custody, representing as follows: 1. The plaintiff is Shane D. Martin, an adult individual residing at 19 White Oak Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is Courtney Albright, an adult individual residing at 1809 Pine Road, Newville, Cumberland County, Pennsylvania 17241. 3. The parties are the parents of one minor child, Brayden David Albright (born March 14, 2005, age one month). 4. The child has resided with mother and maternal grandparents since the time of his birth. 5. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth, other than the existing Order filed to this term and number. 6. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. Plaintiff believes and therefore avers that the best interests and permanent welfare of the child require plaintiff have primary physical custody and that defendant have specified periods of temporary custody and visitation with the child in accordance with a schedule and under certain conditions which may be agreed upon at a conciliation to be held in this matter. WHEREFORE, plaintiff respectfully requests that the court enter an order providing for the legal and physical custody of the child as aforesaid. IRWIN & BAYLEY April Z 2006 /1' L MARK F. BAYLE Attorney for plaintiff 64 South Pitt Street Carlisle, Pennsylvania 17013 (717) 243-6090 Supreme Court I.D. No. 87663 VERIFICATION I do hereby verify that the acts set forth in this petition 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. Dated: i"? ?, A,V SHANE D. MARTIN 'il 1("`? ? ' "? _ _ 1 ?} ?? ?-? d _ `_T' ? ? ? ??. ', ? ? ?,. ---?- SHANE D. MARTIN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 06-2059 CIVIL ACTION LAW COURTNEY ALBRIGHT IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, April 19, 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 Coun Courthouse, Carlisle on Thursday, May 18, 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, B}': /s/ _ ac ueG'ne M. Verney,_Esq Custody Conciliator dl t 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 4qv ;v ?y (,7r RECEIVED MAY 2 32006 SHANE D. MARTIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-2059 CIVIL ACTION - LAW COURTNEY ALBRIGHT, Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of /V t?, , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Shane D. Marin and the Mother, Courtney Albright, shall have shared legal custody of Brayden David Albright, born March 14, 2006. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Mother shall have primary physical custody of the child. 3. Father shall have periods of partial physical custody as follows: A. Beginning May 24, 2006 every Monday and Wednesday from 8:00 a.m. to 3:00 p.m. B. Beginning June 3, 2006 alternating weekends from Saturday at 9:00 a.m. to Sunday at 3:00 p.m. In the event that a Monday holiday coincides with Father's weekend, Father shall keep the child until 3:00 p.m. on the holiday. C. Such other times as the parties agree. 4. Each parry shall be entitled to two non-consecutive uninterrupted weeks during the year. Once the child starts school, these weeks shall be exercised during the summer. Each party shall give the other 30 days prior notice of exercising their weeks and shall proved the other party with a telephone number and address where the child may be contacted. 5. Holidays: A. Christmas shall be divided into two Blocks. Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Mother shall have Block A in even numbered years and Block B in odd numbered years. Father shall have Block A in odd numbered years and Block B in even numbered years. B. The following holidays shall be alternated among the parties: Memorial Day, July 4th, Labor Day, Thanksgiving and Easter. Mother shall have Memorial Day 2006 and the parties shall alternate the aforementioned holidays thereafter. C. Mother shall have physical custody of the child on Mother's Day and Father shall have physical custody of the child on Father's Day at times agreed by the parties. 6. Father shall be responsible for all transportation. 7. Nothing in this Order shall supersede any safety plan in place through Cumberland County Children & Youth Services. 8. 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. c7Xa4rl k F. Bayley, Esquire, Counsel for Father E. Rominger, Esquire, Counsel for Mother .o J. OZ :01 WV 9Z M 90OZ R ?:.1u F.zi --Hi JO SHANE D. MARTIN, Plaintiff V. COURTNEY ALBRIGHT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-2059 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW comes Petitioner, Shane D. Martin, by and through his attorney, Mark F. Bayley, Esquire, and in support of the within petition avers as follows: 1. Shane D. Martin, Petitioner, (hereinafter referred to as "Father"), is the Plaintiff in the above caption-matter, and is an adult currently residing at 19 White Oak Dr., Carlisle, PA 17013. 2. Courtney Albright, Respondent, (hereinafter referred to as "Mother"), is the Defendant in the above-captioned matter, and is an adult individual residing at 1809 Pine Rd., Newville, PA 17241. 3. The parties are the natural parents of. Brayden David Albright (date of birth 3/14/06). 4. A prior order was entered on May 7, 2007, by the Honorable Edward Guido (copy is attached as Exhibit "A"). 5. A change of circumstances has since occurred in that Father's employment schedule has changed and the previous order is now unworkable. 6. Father is requesting that the current order be modified as agreed upon by the parties or otherwise determined by the court to be in the best interests of the child. WHEREFORE, Petitioner requests this Honorable Court to schedule a custody conciliation conference. Date: ?- - C) Respectfully submitted, BAYLEY & MANGAN Mark F. Bayley, Esquire 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court ID # 87663 Attorney for Plaintiff SHANE D. MARTIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-2059 CIVIL TERM COURTNEY ALBRIGHT, : CIVIL ACTION - LAW Defendant IN CUSTODY ATTORNEY VERIFICATION Mark F. Bayley, Esquire, states that he is the attorney for Plaintiff in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa. C.S. §4904, relating to unworn falsification to authorities. Date: Im ? Mark F. Bayley, Esquire Attorney for Plaintiff SHANE D. MARTIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-2059 CIVIL TERM COURTNEY ALBRIGHT, ; CIVIL ACTION - LAW Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Plaintiff do hereby certify that I this day served a copy of the foregoing document upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 Mark F. Bayley, Esquire Attorney for Plaintiff Dated: R r r t` V' Q ?J C? ra ca Mc c.n co 0 -rt V r? SHANE D. MARTIN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. COURTNEY ALBRIGHT DEFENDANT 2006-2059 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, February 11, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, February 27, 2008 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ac ueUne 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 S :ZI Wd Z 1 83.E BBQZ Jv- r/- Z° 15 p- el- r Id :114i AO IG?k S 4 2008 3 SHANE D. MARTIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-2059 CIVIL ACTION - LAW COURTNEY ALBRIGHT, Defendant IN CUSTODY ORDER OF COURT AND NOW this 6 day of #".k _, 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated May 26, 2006 shall remain in full force and effect with the following modifications: 2. Father shall have periods of partial physical custody as follows: A. Beginning March 24, 2008, on an alternating week basis, every Monday and Wednesday from 4:00 p.m. to 8:30 p.m. B. On the off week, Father shall have physical custody on Wednesday from 4:00 p.m. to 8:30 p.m. C. Beginning March 29, 2008, alternating weekends from Saturday at 9:00 a.m. to Sunday at 3:00 p.m. D. Once Father has had two weekends of one overnight, then he shall have physical custody of the child on alternating weekends from Friday at 5:00 p.m. to Sunday at 4:00 p.m. E. Such other times as the parties agree. 3. Holidays: The previous holiday schedule shall remain in effect, but the parties may mutually agree to deviate from the holiday schedule. 4. The provision relating to a Children & Youth safety plan is hereby vacated. 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. BY THE CO , J. cc. Mark F. Bayley, Esquire, Counsel for Father ./Karl E. Rominger, Esquire, Counsel for Mother n , rn ? c? C ? -n 71 - , x 1 m ?`"? ?`?% ?- ?_ ?. ?-- ?? :?- ?-, a?s? __ ? _ .?.. ?- c?-? art s 4 2008 re SHANE D. MARTIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-2059 CIVIL ACTION - LAW COURTNEY ALBRIGHT, Defendant : IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Brayden David Albright March 14, 2006 Mother 2. A Conciliation Conference was held in this matter on March 21, 2008, with the following in attendance: The Father, Shane D. Martin, with his counsel, Mark F. Bayley, Esquire, and the Mother, Courtney Albright, with her counsel, Karl E. Rominger, Esquire. 3. The Honorable Edward E. Guido entered an Order of Court dated May 26, 2006 providing for shared legal custody, Mother having primary physical custody with Father having alternating weekends and two days during the week. 4. The parties agreed to an Order in the form as attached. Date acq ine M. Verney, Esquire Custody Conciliator BAYLEY & MANGAN Mark Bayley, Esquire Attorney I.D. #: 87663 17 West South Street Carlisle, PA 17013 (717) 241-2446 SHANE D. MARTIN, Plaintiff RLED-OFFICE OF THE PROTHONOTARY 2010 MAR -5 FM 3: 13 PEA NSYLV,"A!V,A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-2059 CIVIL TERM COURTNEY ALBRIGHT, : CIVIL ACTION - LAW Defendant IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW comes Petitioner, Shane D. Martin, by and through his attorney, Mark F. Bayley, Esquire, and in support of the within petition avers as follows: 1. Shane D. Martin, Petitioner, (hereinafter referred to as "Father"), is the Plaintiff in the above caption-matter, and is an adult currently residing at 614B North Baltimore Ave., Mt. Holly Springs, PA 17065. 2. Courtney Albright, Respondent, (hereinafter referred to as "Mother"), is the Defendant in the above-captioned matter, and is an adult individual residing at 1809 Pine Rd., Newville, PA 17241. 3. The parties are the natural parents of: Brayden David Albright (date of birth 3/14/06). 4. A prior order was entered on March 26, 2008, by the Honorable Edward Guido (copy is attached as Exhibit "A"). 5. A change of circumstances has since occurred. 6. Father is requesting that the current order be modified as agreed upon by the parties or otherwise determined by the court to be in the best interests of the child. WHEREFORE, Petitioner requests this Honorable Court to schedule a custody conciliation conference. Respectfully submitted, BAYLEY & MANGAN Date: Mark F. Bayley, Es?u?tfe 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court ID # 87663 SHANE D. MARTIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-2059 CIVIL TERM COURTNEY ALBRIGHT, : CIVIL ACTION - LAW Defendant IN CUSTODY VERIFICATION I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. 1 ??l S e Martin, laintiff SHANE D. MARTIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-2059 CIVIL TERM COURTNEY ALBRIGHT, : CIVIL ACTION - LAW Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, do hereby certify that I this day served a copy of the foregoing document upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 Dated: l..1' l v l 0- LIZ L-// '--/ Mark F. Bayley, Esqui SHANE D. MARTIN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2006-2059 CIVIL ACTION LAW COURTNEY ALBRIGHT IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, March 10, 2010 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, April 06, 2010 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 q. , LA Custody Conciliator rig ' 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 FORT11 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 FiLEL?-t?r?-iCL 20 10 MAR 12 Atli 10: 5 9 CUPa R?'1 4 A",ooo /.W- JUN 0 7 201U SHANE D. MARTIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V• : N0.2006-2059 CIVIL ACTION -LAW COURTNEY ALBRIGHT, . Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 7 ~ day of ~~~ , 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is sch~d~uled in Court oom _~ , of the Cumberland County Court House, on the 7 day of ~ , 2010, at /• •d y 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 five days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Orders of Court dated May 26, 2006 and March 26, 2008 shall remain. in full force and effect. 3. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE Edward E. Guido, /cc: Mark F. Bayley, Esquire, counsel for Father / Karl E. Rominger, Esquire, Counsel for Mother ~-~ 11~ct;~ Ls/~~/G? ~-~, ~_ ^~ `~ :: ca r ~ r ~. tl: •, 1 vim.' - . ~-- ~~•,} CYO - - J. _ - ~ . ~ ~_;= ~= ~~:a -~-~ e' c ~.~ . . ~'`- cm -~ ~~~ SHANE D. MARTIN, Plaintiff V. COURTNEY ALBRIGHT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2006-2059 CIVIL ACTION -LAW IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Brayden David Albright March 14, 2006 Mother 2. A Conciliation Conference was held June 7, 2010 with the following individuals in attendance: The Father, Shane D. Martin, with his counsel, Mark F. Bayley, Esquire, and the Mother, Courtney Albright, with her counsel, Karl E. Rominger, Esquire. 3. The Honorable Edward E. Guido previously entered Orders of Court dated May 26, 2006 and March 26, 2008 providing for shared legal custody, Mother having primary physical custody and Father having alternating weekends, Friday to Sunday and Monday and Wednesday evening one week and Wednesday evening the following week. 4. Father's position on custody is as follows: Father seeks shared legal and shared physical custody. Father asserts that he has always wanted shared physical custody with the child and that he has relocated to Newville so that both parents are in the Big Spring School District. Father further asserts that Mother's boyfriend causes problems at exchanges and the parties do not have good communication regarding the child. 5. Mother's position on custody is as follows: Mother seeks to maintain the status quo. She maintains that Father does not have a driver's license due to multiple DUIs. She asserts that Father has not returned the child on time on several occasions. She also maintains that the child has been on the same schedule for four years and is doing well. 6• The Conciliator recommends an Order in the form as attached scheduling a Hearing and maintaining the status quo. It is expected that the Hearing will require one day. ~'~~~ ~~ 7 -~ ! ~ ~~ ~- /p ; Date `.'-~ /~J(' !~ :`'4'zc-z '~ cq ine M. Verney, Esquire Custody Conciliator SHANE D. MARTIN, Plaintiff ,T . COURTNEY ALBRIGHT, :Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-2059 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 2nd day of September, 2010, hearing in this matter is continued generally to give the parties the opportunity to reach an agreement. By the Court, .1 Edward E. Guido, J. Mark F. Bayley, Esquire For the Plaintiff Karl E. Rominger, Esquire For the Defendant srs 0-6 r r'F:s m3L4 U'!T! --, t1? - QQ co t t J SEP 0 7 2010 SHANE D. MARTIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v, : NO.2006-2059 CIVIL TERM COURTNEY ALBRIGHT, :CIVIL ACTION -LAW Defendant IN CUSTODY ORDER OF COURT ~--- AND NOW, this 4~ day of , 2010, upon stipulation by the parties, the following order is hereby entered: 1. All prior orders at the above docket are hereby vacated; the hearing previously scheduled for Sept 2, 2010 is cancelled. 2. Shane D. Martin (hereafter "Father") and Courtney Albright (hereafter "Mother") shall have shared legal custody of Braydon David Albright, born March 14, 2006. Each parent shall have an equal right, to be exercised jointly with the other parent to make all major non- emergency decisions affecting the child's general well being including, but not limited to, all decisions regarding his health, education, and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation and all educational and medicaUtreatme~ planning meetings and evaluations with regard to the minor child. Each parent sha11 be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive any copies of notices which come from school with regard to school pictures, extracurricular activities, children's parties, music presentation, back to school nights, and the like. 3. Father shall have custodial periods with the child every Monday at 4:00 p.m. until Tuesday at 8:30 a.m., every Wednesday from 4:00 p.m. until Thursday at 8:30 a.m., and every other weekend from Friday at 4:00 p.m. until Sunday at 4:00 p.m. These times are to be adjusted to adhere to schedules relating to daycare/pre-school or school when applicable. Father shall provide transportation on Sunday at~ernoon exchanges. The party beginning their custodial period after daycac+e/pre-school or school shall provide transportation therefrom. The party ending their custodial period before daycare/pre-school or school shall provide transportation thereto. Mother shall have physical custody at all other times not otherwise mentioned herein. 4. Each party shall be entitled to two non-consecutive unintenvpted custodial periods during the year. Once the child starts school, these weeks shall be exercised during the summer recess. Each party shall give the other thirty days prior notice before exercising their weeks and shall provide the other party with telephone contact information and trip details. 5. Holidays: a. Christmas shall be divided into two blocks. Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall be from Chrishnas Day at 12:00 noon to December 26 at 12:04 noon. Mother shall have Block A in even numbered years and Block B in odd numbered years. Father shall have Block A in odd numbered years and Block B in even numbered years. b. The following holidays shall be alternated among the parties: Memorial Day, July 4th, Labor Day, `T'hanksgiving and Easter. The parties shall follow the sequence that was previously established in 2406. c. Mother shall have physical custody of the child on Mother's Day and Father shall have physical custody of the child on Father's Day at times agreed by the parties. b. The parties may modify the provisions of this order by mutual consent. In the absence of mutual consent, the terms of this order control. Edward E. Guido, J, ~ u r~ I)istri'bution~k F. Bayley, Esquire Y ~ `~' 'Y' l Karl Rominger, Esquire ~ ~~' w = ~ ~, ~ ~ "~ -~ .: ~# 4 ~/ ~~ C_ ~ ~ ~ SHANE D. MARTIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : N0.2006-2059 CIVIL TERM COURTNEY ALBRIGHT, :CIVIL ACTION -LAW Defendant IN CUSTODY STIPULATION The undersigned parties hereby agree to the entry of the following order: 1. All prior orders at the above docket are hereby vacated; the heazing previously scheduled for Sept 2, 2010 is cancelled. 2. Shane D. Martin (hereafter "Father") and Courtney Albright (hereafter "Mother") shall have shared legal custody of Braydon David Albright, born March 14, 2006. Each parent shall have an equal right, to be exercised jointly with the other parent to make all major non- emergency decisions affecting the child's general well being including, but not limited to, all decisions regarding his health, education, and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation and all educational and medicaUtreahnent planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive any copies of notices which come from school with regard to school pictures, extracumcular activities, children's parties, music presentation, back to school nights, and the like. 3. Father shall have custodial periods with the child every Monday at 4:00 p.m. until Tuesday at 8:30 a.m., every Wednesday from 4:00 p.m. until Thursday at 8:30 a.m., and every other weekend from Friday at 4:00 p.m. until Sunday at 4:00 p.m. These times are to be adjusted to adhere to schedules relating to daycare/pre-school or school when applicable. Father shall provide transportation on Sunday afternoon exchanges. The party beginning their custodial period after daycareJpre-school or school shall provide transportation therefrom. The party ending their custodial period before daycare/pre-school or school shall provide transportation thereto. Mother sha11 have physical custody at all other tunes not otherwise mentioned herein. 4. Each party sha11 be entitled to two non-consecutive unintemipted custodial periods during the year. Once the child starts school, these weeks shall be exercised during the summer recess. Each party shall give the other thirty days prior notice before exercising their weeks and shall provide the other party with telephone contact information and trip details. 5. Holidays: a. Christmas shall be divided into two blocks. Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Mother shall have Block A in even numbered years and Block B in odd numbered years. Father shall have Block A in odd numbered years and Block B in even numbered years. b. The following holidays shall be alternated among the parties: Memorial Day, July 4th, Labor Day, Thanksgiving and Easter. The parties shall follow the sequence that was previously established in 2006. c. Mother shall have physical custody of the child on Mother's Day and Father shall have physical custody of the child on Father's Day at times agreed by the parties. 6. 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. ( w( ~.~-4 ~GY (Q y~ ~~ Shane D. Martin ~5~.) Date: ./ Courtney Albright __ _ __ _. - -r _ - SHANE D. MARTIN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVAI~ c,*, v. rn , ~s 2006-2059 CIVIL ACTION LAW c' .~~ o COURTNEY ALBRIGHT ~ {G- y. 1N CUSTODY ~ ~ DEFENDANT ~ .,.- -~-+ ~ ..s.: cr' ORDER OF COURT AND NOW, Wednesday, August 29, 2012 ,upon consideration of the attached. Complair it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. ,the cor __ at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, September 25, 2012 at 1:3 for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispr if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temf 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/ zacqueline M. Yerney, Esg_~ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Amer. 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 arrangeme must be made at least 72 hours prior to any hearing or business before the court. You must attend the schec 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 ~~11ark ~ay~~-y, s8~ ~ ~~e~~s ~ddr~SS ~,~~,~o~n CO~ es /~o~iZ~ocr 8~30~,~ ~i "ern c~° cy ~, ~, -:~ iliator, PM or ed