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HomeMy WebLinkAbout02-2105DAVID L. AUSTIN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. FRANCES J. AUSTIN Defendant CIVIL ACTION - LAW NO. 2002--uo-?r CIVIL TERM IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is David L. Austin, an adult individual, currently residing at 32 H Street, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Frances J. Austin, an adult individual, currently residing at 436 First Street, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the following children : Emily Taylor Austin, age 9 months, born July 11, 2001 and Zachary David Austin, age 2 years, born June 6, 1999. Zachary was born while the parties were unmarried and Emily during the marriage. The children are presently in the custody of the Mother. During the past five years, or since the children's births, they have resided with the following persons at the following addresses: (a) From June, 1999 to August, 1999 with the Mother at Safe Harbor, Carlisle, PA. (b) In August 1999 the Mother moved to her present address and the Father moved in shortly thereafter. The Father moved from the home on April 7, 2002. 4. The relationship of the Plaintiff to the children is that of natural father. He resides with his parents, Donald and Debra Austin. 5. The relationship of the Defendant to the children is that of natural mother. She resides with the children. 6. The parties have not participated as a party or witness, or in any other capacity in other litigation, concerning the custody of the children in this or in any other Court. 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 relief requested because: (a) The Father has been an active participant in raising his children. (b) The Father has relocated to his parent's home and his parents are supportive and willing to help him care for the children. With their assistance he seeks an equal shared custody order for the children. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene. NAME ADDRESS BASIS OF CLAIM None WHEREFORE, Plaintiff requests your Honorable Court to: A) grant joint legal and equally shared physical custody of the children to the Father. B) grant such other relief as is just and in the best interest of the children. Date: I a2- Respectfully submitted, Robert L. O'Brien, Esquire O'BRIEN, BARIC & SCHERER 17 West South Street Carlisle, PA 17013 (717) 249-6873 I verify that the statements made in the foregoing Complaint for Custody 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. David L. Austin DATE: a A Cam, -_? .:r ~ ? ?T C Cl- r^Y U DAVID L. AUSTIN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 02-2105 CIVIL ACTION LAW FRANCES J. AUSTIN DEFENDANT IN CUSTODY AND NOW, Wednesday, May 08, 2002 , 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 Friday, May 17, 2002 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 biNl?illl?SNNdd ,wvno;a n??? w no tS :Zl Wj 6- AVW ZO AdblC,r`O% , rr J, Sri rug KU-10 1.217) DAVID L. AUSTIN, Plaintiff V. FRANCES J. AUSTIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 02 - 2105 CIVIL ACTION - LAW IN CUSTODY PRAECIPE TO ENTER APPEARANCE To the Prothonotary: Please enter the appearance of the Family Law Clinic on behalf of Frances J. Austin, the Defendant in the above captioned matter. doz Date ' 11 Jenm er ever y Certifi Legal Intern M. PLACE LUUY JOHNSTON-WALSH Staff Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 DAVID L. AUSTIN, Plaintiff v. FRANCES J. AUSTIN, Defendant IN TI-'E COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 02 - 2105 CIVIL ACTION - LAW IN CUSTODY CERTIFICATE of WRVICE I, Jennifer Heverly, Certified Legal Intern, Family Law Clinic, hereby serving a true and correct copy certify that I am Robert L. Of Praecipe to Enter Appearance on the Attorney for Plaintiff, O'Brien, Esquire of O'Brien, Baric and Scherer, 17 West South Street, Pennsylvania, 17013, by depositing a copy of the same in Carlisle, the United this 14th day of May, 2002 States mail, postage prepaid, . Jen4irly Cerl Intern THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 a ,. C7 0 ? C N -?3 71 AC N `jrri ? ` ` ? D MAY 1 7 200't > DAVID L. AUSTIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2002-2105 CIVIL TERM FRANCES J. AUSTIN, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this (?O JAP% day of M , 2002, upon consideration of the attached Custody Conciliatio Report, it is ordered and directed as follows: 1. The Father, David L. Austin, and the Mother, Frances J. Austin, shall have shared legal custody of Emily Taylor Austin, born July 11, 2001 and Zachary David Austin, born June 6, 1999. 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. 2. Mother shall have primary physical custody of the children. 3. Father shall have periods of partial physical custody as follows: A. Beginning May 24, 2002 alternating weekends from Friday at 6:00 p.m. to Sunday at 6:00 p.m. B. On the off week from the alternating weekend, two weekdays every other week, the days and times as agreed by the parties. C. In the event that Father's weekend coincides with a Monday holiday, then Father shall have physical custody of the children overnight on Sunday until 2:00 p.m. on the Monday holiday. 4. Mother shall have physical custody of the children on Mother's Day from 9:00 a.m. to 7:00 p.m. Father shall have physical custody of the children on Father's Day from 9:00 a.m. to 7:00 p.m. 5. The parties shall share the July 4`t' holiday such that one parent will have physical custody from 9:00 a.m. to 2:00 p.m. and the other parent shall have physical custody from 2:00 p.m. to 7:00 p.m. 6. The parties shall keep one another advised of their current address and telephone number. 7. Neither party shall remove the children from the jurisdiction without prior notice to the other party of the location, address and telephone number. 8. Father and Mother will notify each other of all medical care the children receive while in that parent's care. Father and Mother will notify the other immediately of medical emergencies which arise while the children are in that parent's care. 9. Neither party will smoke in the presence of the children nor permit third parties to smoke in the presence of the children. 10. Neither parent will do anything which may estrange the children from the other party, or injure the opinions of the children as to the other parent or which may hamper the free and natural development of the children's love and respect for the other parent. 11. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Conciliation Conference is scheduled for July 17, 2002 at 8:30 a.m. J. cc: Robert L. O'Brien, Esquire, Counsel for Father; Jennifer Heverly, certified legal intern, Counsel for Mother Lucy Johnston-Walsh, Esquire, Dickinson Family Law Clinic, Counsel for Mother 1 nb'?Nun?;S?vN3,4 AINnav,r o ! cQ Wv 1 e j;Vq co JUL17Tr DAVID L. AUSTIN, Plaintiff V. FRANCES J. AUSTIN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-2105 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT a day of , 2002, upon AND NOW, this consideration of the attached Custody Conc cation Report, it is ordered and directed as follows: 1. The prior Order of Court dated May 20, 2002 shall remain in full force and effect with the following additions and modifications: 2. The Thanksgiving holiday shall be split such that Mother shall always have physical custody of the Children from 8:00 a.m. to 2:00 p.m. and Father shall have physical custody of the Children from 2:00 p.m. to 7:00 p.m. 3. The Christmas holiday shall be divided into two Blocks. Block A shall run from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall run from Christmas Day at 12:00 noon to December 26, at 12:00 noon. Mother shall have physical custody of the Children for Block A in even numbered years and Block B in odd numbered years. Father shall have physical custody of the Children for Block A in odd numbered years and Block B in even numbered years. 4. Father shall have physical custody of the Children on their birthdays for at least one hour as agreed by the parties. 5. Paragraph 7 of the Order of May 20, 2002 is deleted in its entirety and replaced with the following: Neither party shall remove the Children from the Commonwealth of Pennsylvania without prior written agreement of the parties, said agreement will not be unreasonably withheld. Each party shall provide the other party with 30 days prior request for agreement to remove the Children from the state. 6. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control J. cc: Robert L. O'Brien, Esquire, Counsel for Father Jennifer Heverly, certified legal intern, Lucy Johnston-Walsh, Esquire, Dickinson Family Law Clinic, Counsel for Mother VNIfM'kSNNGc! Gs III" 7e I{il GO 113 13] fl- 10e_ 1P002 DAVID L. AUSTIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :2002-2105 CIVIL TERM FRANCES J. AUSTIN, : CIVIL ACTION - LAW Defendant IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, 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 Emily Taylor Austin July 11, 2001 Mother Zachary David Austin June 6, 1999 Mother 2. A Conciliation Conference was held in this matter on July 17, 2002, with the following individuals in attendance: The Father, David L. Austin, with his counsel, Robert L. O'Brien, Esquire and the Mother, Frances J. Austin, with her counsel, Jennifer Heverly, certified legal intern and Lucy Johnston-Walsh, Esquire from the Dickinson Family Law Clinic. 3. A prior Order was entered by the Honorable Edgar B. Bayley dated May 20, 2002 which provided for shared legal custody, with Mother having primary physical custody and Father having an alternating weekend schedule and two evenings per week. 4. The parties agreed to the entry of a modified Order in the form as attached. -b? '7-17 Date ac eline M. Verney, Esquire Custody Conciliator DAVID L. AUSTIN, Plaintiff V. FRANCES J. AUSTIN, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :2002-2105 CIVIL TERM : CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Emily Taylor Austin July 11, 2001 Mother Zachary David Austin June 6, 1999 Mother 2. A Conciliation Conference was held in this matter on May 17, 2002, with the following individuals in attendance: The Father, David L. Austin, with his counsel, Robert L. O'Brien, Esquire and the Mother, Frances J. Austin, with her counsel, Jennifer Heverly, certified legal intern and Lucy Johnston-Walsh, Esquire from the Dickinson Family Law Clinic. 3. The parties agreed to the entry of an Order in the form as attached. "°? Date Esquire ac eline M. Verney, Custody Conciliator DAVID L. AUSTIN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO: 2002-2105 CIVIL TERM FRANCES J. CARTER, CIVIL ACTION - LAW Defendant IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDER 1. Plaintiff is David L. Austin, an adult individual currently residing at 2173 Newville Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Frances J. Carter, an adult individual currently residing at 88 Mooredale Road, Apt. 4, Carlisle, Pennsylvania 17015. 3. Plaintiff seeks a custody modification by way of primary physical custody for the following children: Zachary David Austin, age 7, born on June 6, 1999 and Emily Taylor Austin, age 5, born on July 11, 2001. The parties are the parents of Zachary and Emily. Zachary was born while the parents were unmarried and Emily during the marriage. The children are presently in the primary physical custody of the Defendant pursuant to Custody Order No: 2002-2105 dated the 22nd of July 2002 (see attached). Plaintiff and Defendant have followed this order since the order's issuance date. 4. The relationship of the Plaintiff to the children is that of natural father. 5. The relationship of the Defendant to the children is that of natural mother. 6. The parties participated as parties in the prior custody action, No. 2002-2105. 7. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or in any other state. 8. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 9. The best interest and permanent well-being of the children will be served by granting the relief requested for the following reasons: a. Plaintiff was remarried about one and one-half years ago to Bridget. The couple is able to provide a loving and caring environment for the children. b. Plaintiff's wife is a stay-at-home mother who can attend to the needs of the children. C. Plaintiff and his wife own a five-bedroom house together. The couple is able to provide stable, comfortable living accommodations to the children. d. The children will be covered by more comprehensive insurance under Plaintiff's family insurance policy. e. Plaintiff is concerned about the educational welfare of the children and is determined to work with them and help them in order that they perform proficiently in school. f. Defendant has moved from place to place five times within the past two years, creating an unstable environment for the children. g. While in the primary physical custody of the Defendant, Zachary was held back in kindergarten due to poor academic performance. h. While in the primary physical custody of the Defendant, Emily is likely going to be held back in kindergarten this year due to poor academic performance. i. Plaintiff worries that such unsatisfactory academic performances in kindergarten is a sign of things to come and seeks to ensure that the children get caught up in school. VVHEREFORE, Plaintiff requests this Honorable Court to grant him primary physical custody of the children. Respectfully submitted, O'BRIEN, BARIC & SCHERER s Robert J. Dai ey, Esquire I.D. # 203418 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff VERIFICATION I verify that the statements made in this Petition for Modification of Custody Order are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. David L. Austin Date: December 1n , 2006 JUL172p" DAVID L. AUSTIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2002-2105 CIVIL TERM FRANCES J. AUSTIN, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of , ation 2002, upon consideration of the attached Custody Cone Report, it is ordered and directed as follows: 1. The prior Order of Court dated May 20, 2002 shall remain in full force and effect with the following additions and modifications: 2. The Thanksgiving holiday shall be split such that Mother shall always have physical custody of the Children from 5:00 a.m. to 2:00 p.m. and Father shall have physical custody of the Children from 2:00 p.m. to 7:00 p.m. The Christmas holiday shall be divided into two Blocks. Block A shall run from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall run from Christmas Day at 12:00 noon to December 26, at 12:00 noon. Mother shall have physical custody of the Children for Block A in even numbered years and Block B in odd numbered years. Father shall have physical custody of the Children for Block A in odd numbered years and Block B in even numbered years. 4. Father shall have physical custody of the Children on their birthdays for at least one hour as agreed by the parties. 5. Paragraph 7 of the Order of May 20, 2002 is deleted in its entirety and replaced with the following: Neither party shall remove the Children from the Commonwealth of Pennsylvania without prior written agreement of the parties, said agreement will not be unreasonably withheld. Each party shall provide the other party with 30 days prior request for agreement to remove the Children from the state. 6. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control J. cc: Robert L. O'Brien, Esquire, Counsel for Father Jennifer Heverly, certified legal intern, Lucy Johnston-Walsh, Esquire, Dickinson Family Law Clinic, Counsel for Mother MAY 1 7 200?? DAVID L. AUSTIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2002-2105 CIVIL TERM FRANCES J. AUSTIN, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this 14% day of IIA , 2002, upon consideration of the attached Custody Conciliatio Report, it is ordered and directed as follows: 1. The Father, David L. Austin, and the Mother, Frances J. Austin, shall have shared legal custody of 'Emily Taylor Austin, born July 11, 2001 and Zachary David Austin, born June 6, 1999. 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. 2. Mother shall have primary physical custody of the children. 3. Father shall have periods of partial physical custody as follows: A. Beginning May 24, 2002 alternating weekends from Friday at 6:00 p.m. to Sunday at 6:00 p.m. B. On the off week from the alternating weekend, two weekdays every other week, the days and times as agreed by the parties. C. In the event that Father's weekend coincides with a Monday holiday, then Father shall have physical custody of the children overnight on Sunday until 2:00 p.m. on the Monday holiday. 4. Mother shall have physical custody of the children on Mother's Day from 9:00 a.m. to 7:00 p.m. Father shall have physical custody of the children on Father's Day from 9:00 a.m. to 7:00 p.m. 5. The parties shall share the July 4t' holiday such that one parent will have physical custody from 9:00 a.m. to 2:00 p.m. and the other parent shall have physical custody from 2:00 p.m. to 7:00 p.m. 6. The parties shall keep one another advised of their current address and telephone number. 7. Neither party shall remove the children from the jurisdiction without prior notice to the other party of the location, address and telephone number. 8. Father and Mother will notify each other of all medical care the children receive while in that parent's care. Father and Mother will notify the other immediately of medical emergencies which arise while the children are in that parent's care. 9. Neither party will smoke in the presence of the children nor permit third parties to smoke in the presence of the children. 10. Neither parent will do anything which may estrange the children from the other party, or injure the opinions of the children as to the other parent or which may hamper the free and natural development of the children's love and respect for the other parent. 11. 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. Anothei Conciliation Conference is scheduled for July 17, 2002 at 8:30 a.m. J. cc: Robert L. O'Brien, Esquire, Counsel for Father Jennifer Heverly, certified legal intern, Counsel for Mother ?`'1Z"' Lucy Johnston-Walsh, Esquire, Dickinson Family Law Clinic, Counsel for Mother DAVID L. AUSTIN IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA. V. • 02-2105 CIVIL ACTION LAW FRANCES J. AUSTIN DEFENDANT IN CUSTODY AND NOW, Wednesday, May 08, 2002 , 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 Friday, May 17, 2002 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: /si &Cauelim M. Verney, Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ?, ;? r `t .,? ?? ? =- __ a - -ti ? ?? ?`? ?- ?.. ..:. ;-. ?, -? .. ?., ._ # .J ._.? '=?..' DAVID L. AUSTIN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 02-2105 CIVIL ACTION LAW FRANCES J. AUSTIN IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, December 21, 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 Thursday, January 11, 2007 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ acqueline M. Verney, Esq., Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 I Z :7,I Hd 1 Z 330 3000 70-)-C - e( V -j -e --ci JAN S 8 WA d DAVID L. AUSTIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2002-2105 CIVIL TERM FRANCES J. AUSTIN, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of r"i do!a 44P , 2007, upon consideration of the attached Custody Conciliation Report, ft is ordered and directed as follows: The prior Orders of Court dated May 20, 2002 and July 22, 2002 are hereby vacated. 2. The Father, David L. Austin and the Mother, Frances J. Austin, shall have shared legal custody of Emily Taylor Austin, born July 11, 2001 and Zachary David Austin, born June 6, 1999. 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. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children 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 children. 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. 3. Mother shall have primary physical custody of the children. 4. Father shall have periods of partial physical custody as follows: A. Beginning February 1, 2007 alternating weekends from Thursday at 5:00 p.m. to Sunday at 4:00 p.m. B. On the off week from the alternating weekend, from Thursday at 5:00 p.m. to Friday at 5:00 p.m. C. Father shall be responsible for transporting the children to school when he has them on a school day. 5. During the summer the parties shall share physical custody on a week on/week off basis with the exchange day being Sunday unless otherwise agreed by the parties. The week on/week off schedule shall coincide with Mother's weekend work schedule. 6. The Thanksgiving holiday shall be split such that Mother shall always have physical custody of the Children from 8:00 a.m. to 2:00 p.m. and Father shall have physical custody of the Children from 2:00 p.m. to 7:00 p.m. 7. The Christmas holiday shall be divided into two Blocks. Block A shall run from Christmas Eve at 3:00 p.m. to Christmas Day at 3:00 p.m.. Block B shall run from Christmas Day at 3:00 p.m. to December 26, at 3:00 p.m. Mother shall have physical custody of the Children for Block A in even numbered years and Block B in odd numbered years. Father shall have physical custody of the Children for Block A in odd numbered years and Block B in even numbered years. 8. Mother shall have physical custody of the children on Mother's Day from 9:00 a.m. to 7:00 p.m. Father shall have physical custody of the children on Father's Day from 9:00 a.m. to 7:00 p.m. 9. The parties shall share the July 4h holiday such that one parent will have physical custody from 9:00 a.m. to 2:00 p.m. and the other parent shall have physical custody from 2:00 p.m. to 7:00 p.m. 10. The parties shall keep one another advised of their current address and telephone number. 11. Neither party shall remove the children from the jurisdiction without prior notice to the other party of the location, address and telephone number. Neither party may relocate the children outside of the jurisdiction without prior Order of Court. 12. Father and Mother will notify each other of all medical care the children receive while in that parent's care. Father and Mother will notify the other immediately of medical emergencies which arise while the children are in that parent's care. 13. Neither party will smoke in the presence of the children nor permit third parties to smoke in the presence of the children. 14. Unless otherwise provided in this Order, transportation shall be shared such that the relinquishing party shall transport. 15. Neither parent will do or say anything, nor permit a third party to do or say anything that may estrange the children from the other party, or injure the opinions of the children as to the other parent or which may hamper the free and natural development of the children's love and respect for the other parent. 16. 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 TI?Y>~ COUR Edward E. Guido, J. cc: Robert J. Dailey, Esquire, Counsel for Father 1 Paul Orr, Esquire, Counsel for Mother ? 1 0 =01 H"' ! - CIA LOOZ r?, ..i ]Hi J0 DAVID L. AUSTIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :2002-2105 CIVIL TERM FRANCES J. AUSTIN, : CIVIL ACTION - LAW Defendant IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Emily Taylor Austin July 11, 2001 Mother Zachary David Austin June 6, 1999 Mother 2. A Conciliation Conference was held in this matter on January 26, 2007, with the following individuals in attendance: The Father, David L. Austin, with his counsel, Robert J. Dailey, Esquire and the Mother, Frances J. Austin, with her counsel, Paul Orr, Esquire. 3. The Honorable Edward E. Guido previously entered Orders of Court dated May 20, 2002 and July 22, 2002 providing for shared legal custody, Mother having primary physical custody and Father having alternating weekends and two evenings per week. 4. The parties agreed to the entry of an Order in the form as attached. 1-a5-a7 ?1 U Date cqu e M. Verney, Esquire Custody Conciliator DAVID L. AUSTIN, Plaintiff V. FRANCES J. CARTER, f/k/a FRANCES J. AUSTIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW NO. 2002-2105 CIVIL TERM IN CUSTODY CUSTODY STIPULATION AND AGREEM!Toeday A THIS STIPULATION AND AGREEMENT, entered into this of August, 2007, by and between David L. Austin (hereinafter, "Father") and Frances J. Carter, f/k/a Frances J. Austin (hereinafter, "Mother") is executed in contemplation of becoming an Order of Court. WHEREAS, David L. Austin and Frances J. Carter (hereinafter, "the parties") are the natural parents of Emily Taylor Austin, born July 11, 2001 and Zachary David Austin, born June 6, 1999 (hereinafter, "the children"); and WHEREAS, the parties are divorced and living in separate residences; and WHEREAS, the parties wish to enter in this Stipulation and Agreement relative to the custody of the parties' children, Emily and Zachary. NOW THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties agree as follows: Father and Mother shall have shared legal custody of their children, Emily Taylor Austin and Zachary David Austin. 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. Pursuant to the terms of 23 Pa.C.S.A. § 5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children 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 and planning meetings and evaluations with regard to the minor children. 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, extra-curricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Father and Mother shall have shared physical custody of the children, Emily T. Austin and Zachary D. Austin. The custody shall be conducted on a week on / week off schedule with the exchange day being on Sunday at 5:00 p.m. unless otherwise agreed by the Parties. 3. The Thanksgiving holiday shall be split such that Mother shall always have physical custody of the children from 8:00 a.m. to 2:00 p.m. and Father shall have physical custody of the children from 2:00 p.m. to 7:00 p.m, or Ol s +Le- park le S ca o lA a 4. The Christmas holiday shall be divided into two blocks. Block A shall run from Christmas Eve at 3:00 p.m. to Christmas Day at 3:00 p.m. Block B shall run from Christmas Day at 3:00 p.m. to December 26`h at 3:00 p.m. Mother shall have physical custody of the children for Block A in even-numbered years and Block B in odd-numbered years. Father shall have physical custody of the children for Block A in odd-numbered years and Block B in even- numbered years. 5. Mother shall have physical custody of the children on Mother's Day from 9:00 a.m. to 7:00 p.m. Father shall have physical custody of the children on Father's Day from 9:00 a.m. to 7:00 p.m. 6. The parties shall share the July 4th holiday such that one parent will have physical custody from 9:00 a.m. to 2:00 p.m. and the other parent shall have physical custody from 2:00 p.m. to 7:00 p.m. 7. The parties shall keep each other advised of their current address and telephone number. 8. Neither party shall remove the children from the jurisdiction without prior notice to the other party of the location, address and telephone number. Neither party may relocate the children outside of the jurisdiction without prior Order of Court. 9. Father and Mother shall notify each other of all medical care the children receive while in that parent's care. Father and Mother shall notify the other immediately of medical emergencies that arise while the children are in that parent's care and physical custody. 10. Neither party shall smoke in the presence of the children nor permit any third parties to smoke in the presence of the children. 11. Unless otherwise provided in this Stipulation and Agreement, transportation shall be shared such that the relinquishing party shall transport the children to the receiving party. 12. Neither parent shall do or say anything, nor permit a third party to do or say anything that may estrange the children from the other party or injure the opinions of the children 13. -TIC PARIAE-S Atm, +?J 4 4010, -)-o +- Is -?yovej S ko.(1 s ,y 1 n s T wb iNs) i??i- (,?1 t l d'h?1n ? be- enroi S400L 4ea r 2W? ?O'e as to the other parent or which may hamper the free and natural development of the children's love and respect for the other parent. WHEREFORE, agreeing to be legally bound, the parties and their respective counsel do hereby affix their signatures. David L. Austin Fr ces J. Carter Robert ,Y. Respectfully submitted, O'BRIEN, BARIC & SCHERER Paul Orr, Esquire 1.L. 11V. r-UJT1V 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff (-? N O ? t ? t^ - 1//' O .'4 . , • AUG 2 3 2007 0*? DAVID L. AUSTIN, Plaintiff V. FRANCES J. CARTER, f/k/a FRANCES J. AUSTIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW NO. 2002-2105 CIVIL TERM IN CUSTODY kk ORDER OF COURT AND NOW, this _ day of , 2007, the following is hereby made an Order of this Court and all prior Orders in this case are hereby vacated: 1. Father, David L. Austin, and Mother, Frances J. Carter, (hereinafter, collectively "the parties") shall have shared legal custody of their children, Emily Taylor Austin, born July 11, 2001 and Zachary David Austin, born June 6, 1999 (hereinafter, collectively "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 the children's general well-being including, but not limited to, all decisions regarding their 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 children including, but not limited to, medical, dental, religious or school records, as well as the residence address of the children 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 and planning meetings and evaluations with regard to the minor children. 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, extra-curricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Father and Mother shall have shared physical custody of the children, Emily T. Austin and Zachary D. Austin. The custody shall be conducted on a week on / week off schedule with the exchange day being on Sunday at 5:00 p.m. unless otherwise agreed by the Parties. 3. The Thanksgiving holiday shall be split such that Mother shall always have physical custody of the children from 8:00 a.m. to 2:00 p.m. and Father shall have physical custody of the children from 2:00 p.m. to 7:00 p.m., or as the parties can mutually agree. 4. The Christmas holiday shall be divided into two blocks. Block A shall run from Christmas Eve at 3:00 p.m. to Christmas Day at 3:00 p.m. Block B shall run from Christmas Day at 3:00 p.m. to December 26th at 3:00 p.m. Mother shall have physical custody of the W 4 children for Block A in even-numbered years and Block B in odd-numbered years. Father shall have physical custody of the children for Block A in odd-numbered years and Block B in even- numbered years. 5. Mother shall have physical custody of the children on Mother's Day from 9:00 a.m. to 7:00 p.m. Father shall have physical custody of the children on Father's Day from 9:00 a.m. to 7:00 p.m. 6. The parties shall share the July 4th holiday such that one parent shall have physical custody from 9:00 a.m. to 2:00 p.m. and the other parent shall have physical custody from 2:00 p.m. to 7:00 p.m. 7. The parties shall keep each other advised of their current address and telephone number. 8. Neither party shall remove the children from the jurisdiction without prior notice to the other party of the location, address and telephone number. Neither party may relocate the children outside of the jurisdiction without prior Order of Court. 9. Father and Mother shall notify each other of all medical care the children receive while in that parent's care. Father and Mother shall notify the other immediately of medical emergencies that arise while the children are in that parent's care and physical custody. 10. Neither party shall smoke in the presence of the children nor permit any third parties to smoke in the presence of the children. 11. Unless otherwise provided in this Order, transportation shall be shared such that the relinquishing party shall transport the children to the receiving party. 12. Neither parent shall do or say anything, nor permit a third party to do or say anything that may estrange the children from the other party or injure the opinions of the children as to the other parent or which may hamper the free and natural development of the children's love and respect for the other parent. 13. The children shall be enrolled at Monroe Elementary School for the 2007-2008 school year. Transportation arrangements to and from Monroe Elementary School shall be by mutual agreement of the parties. 14. This Order is entered pursuant to the agreement of the parties in accordance with the parties' Custody Stipulation and Agreement. 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. obert J. Dailey, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, Pennsylvania 17013 /ul B. Orr, Esquire 50 East High Street Carlisle, Pennsylvania I Edward E. Guido, J. V NI Oq1 l 00 .C Wd L.Z SAY LOOZ 37Ni JO 311 ~' 3 JUN 2 g 2010 DAVID L. AUSTIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :2002-2105 CIVIL ACTION -LAW ~ a `~ T7 (, c_ -~ rr ~ r - : f-_ R~i =r FRANCES J. MABE A/K/A ~~_ -: r-- FRANCES J. CARTER %~ ~' ! ~ 3 ~' '~ r,'.t Defendant : IN CUSTODY '~~ ~- _-{ z_ .. ~ .c_ :~' r~ ORDER OF COURT AND NOW, this ~ day of , 2010, upon consideration of the attached Custody Con iliatio eport, it is ordered and directed as follows: 1. The prior Order of Court dated August 27, 2007 shall remain in full force and effect with the following addition: 2. Both parties shall meet with Cumberland Valley and Big Spring School Districts to discuss the available programs for both children. 3. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Conciliation Conference is scheduled for July 27, 2010 at 10:30 a.m. BY THE COU T, -~-•y~- J. cc: Susan Kay Candiello, Esquire, Counsel for Mother Michael A. Scherer, Esquire, Counsel for Father DAVID L. AUSTIN, Plaintiff V. FRANCES J. MABE A/K/A FRANCES J. CARTER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2002-2105 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Emily Taylor Austin July 11, 2001 shared Zachary David Austin June 6, 1999 shared 2. A Conciliation Conference was held in this matter on June 29, 2010, with the following individuals in attendance: The Mother, Frances J. Mabe A/K/A Frances J. Carter, with her counsel, Susan Kay Candiello, Esquire and the Father, David L. Austin, with his counsel, Michael A. Scherer, Esquire. 3. A prior Order was entered by the Honorable Edward E. Guido dated August 27, 2007 which provided for shared legal custody and shared physical custody on a week on/week off schedule. 4. The parties agreed to the entry of an Order in the form as attached. Date cq ine M. Verney, Esquire Custody Conciliator ..3 AUG 0 ~ 20-t~ DAVID L. AUSTIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :2002-2105 CIVIL ACTION -LAW FRANCES J. MABE A/K/~ ~? ~~; ~ _.. • -. FRANCES J. CARTER ~ o Defendant : IN CUSTODY -~~ ` ~':: ys =~ __ ., : ~ r ;- ~l ~ ORDER OF COURT ~ ~= t. ~ :, ~; AND NOW, this ~~~ day of , 2010, upon ~ ~~ consideration of the attached Custody Conciliatio Report, it is ordered and directed as follows: 1. The prior Order of Court dated August 27, 2007 shall remain in full force and effect with the following', additions: 2. The children shall start the school year at Plainfield Elementary. 3. Transportation during Mother's weeks of physical custody shall be shazed such that Mother will drop off the children at school and Father shall return the children to Mother after school. 4. Easter shall b~ shared from 9:00 a.m. to 3:00 p.m. and 3:00 p.m. to 9:00 p.m. The party who has custody Sunday morning shall have the earlier time. 5. Each party shall have a block of time with the children on the children's birthdays. 6. This Order is centered 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. The Conciliator shall hold jurisdiction for ninety days. Either party may contact the Conciliator and schedule angther conciliation conference within ninety days from the date of this order. ~!, I, '~ BY COURT, Edward E. Guido, J. cc: S Kay Candiello, Esquuire, Counsel for Mother ichael A. Scherer, Esquire, Counsel for Father I ~ FS rr~ ~ ~c~ F3/s/~ v _ ~r~ „ , DAVID L. AUSTIN, Plaintiff V. FRANCES J. MABE A/K/A'~ FRANCES J. CARTER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2002-2105 CIVIL ACTION -LAW IN CUSTODY PRIOR JUDGE: Edward ~. Guido, J. CUSTODY'CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent,information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Emily Taylor Austin July 11, 2001 Zachary David Austin June 6, 1999 shared shared 2. A Conciliatign Conference was held in this matter on August 2, 2010, with the following individuals in attendance: The Mother, Frances J. Mabe A/K/A Frances J. Carter, with her counsel, Swan Kay Candiello, Esquire and the Father, David L. Austin, with his counsel, Michael A. Scherer, Esquire. 3. Prior Orders;of Court were entered by the Honorable Edward E. Guido dated August 27, 2007 and ,duly 1, 2010 providing for shared legal custody and shared physical custody on a week on/week off schedule. 4. The parties agreed to the entry of an Order in the form as attached. ~'a -/O Date _V Jacq line M. Verney, Esquire Custody Conciliator