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HomeMy WebLinkAbout06-6472` ~ Olo - to ~'~~, Cli ~ ~ L T ~~1. Date: 10/23/06 COURT OF COMMON PLEAS OF LEBANON COUNTY Time: 14:21:08 THERESA L FOLLETT Action No. 2005-20646 vs. FAMILY DIVISION GREGORY C FOLLETT Docket Entries 1 through 12 8/24/05 COMPLAINT IN DIVORCE FILED. 991/0352 MELISSA L. VAN ENCK 8/24/05 ATTORNEY SERVICE, NOTATION FOR THE RECORD. 8/24/05 COMPLAINT FOR CUSTODY, FILED. 992/0154 MELISSA L. VAN ENCK 8/24/05 ORDER DTD 08/24/2005, ATTY: MEGAN RYLAND-TANNER ESQ, IS APPOINTED AS 992/0154 CUSTODY CONCILIATOR IN THIS MATTER, FILED. /S/ ROBERT J. EBY, P.J. 8/25/05 PROTHONOTARY'S CERTIFICATE OF SERVICE, MEGAN RYLAND-TANNER ESQ, VAN 992/0154 ECK & VAN ECK, GREGORY FOLLETT NOTIFIED. 8/30/05 LETTER OF CORRESPONDENCE TO PARTIES RE CUSTODY CONCILIATOR CONFERENCE 992/0375 SCHEDULED FOR 09/13/2006, IN ROOM 312 @ 9:00 AM/PM BY CONCILIATOR. MEGAN E. RYLAND-TANNER ~ 9/19/05 CUSTODY CONCILIATION SUMMARY REPORT, FILED. 995/0410 MEGAN E. RYLAND-TANNER 9/19/05 ORDER OF CUSTODY DTD 09/19/2005, IN RE RECOMMENDATIONS OF CUSTODY 995/0410 CONCILIATOR, FILED. /S/JOHN C. TYLWALK, J. 9/20/05 PROTHONOTARY'S CERTIFICATE OF SERVICE, MEGAN RYLAND-TANNER, ESQ., 995/0410 THERESA L. FOLLETT, MELISSA L. VAN ECK, ESQ., GREGORY C. FOLLETT AND DONALD JONES, ESQ., NOTIFIED. 2/02/06 AFFIDAVIT OF CONSENT, FILED. 1015/0255 2/02/06 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE 1015/0255 UNDER 3301(C) OF THE DIVORCE CODE, FILED. 2/09/06 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE 1016/0039 UNDER 3301(C) OF THE DIVORCE CODE, FILED. r • Date: 10/23/06 COURT OF COMMON PLEAS OF LEBANON COUNTY Time: 14:21:08 THERESA L FOLLETT Action No. 2005-20646 vs. FAMILY DIVISION GREGORY C FOLLETT Docket Entries 13 through 24 2/09/06 AFFIDAVIT OF CONSENT, FILED. 1016/0039 2/09/06 PROOF OF MAILING DATED 02/08/2006, FILED. 1016/0039 MELISSA L. VAN ENCK 2/09/06 PRAECIPE TO TRANSMIT RECORD, FILED. 1016/0039 '''''j' '~ ' MELISSA L . VAN ENCK 2/08/06 AFFIDAVIT OF SERVICE DATED 02/08/2006, FILED. 1016/0039 MELISSA L. VAN ENCK 2/09/06 PROPERTY SETTLEMENT AGREEMENT FILED. 1016/0039 2/09/06 FINAL DIVORCE DECREE DTD 02/10/2006, FILED. 1016/0039 /S/ ROBERT J. EBY, P.J. 2/10/06 PROTHONOTARY'S CERTIFICATE OF SERVICE, DONALD JONES ESQ, MELISSA VAN 1016/0039 ECK ESQ NOTIFIED. 2/13/06 PRAECIPE TO ENTER THE APPEARANCE FOR THERESA FOLLETT, IN FAMILY, 1016/0040 FILED. MELISSA L. VAN ENCK ~.r~~ 1036/0066 PETITION TO TRANSFER ORDER OF CUSTODY FROM CUMBERLAND COUNTY, FILED. 7/25/06 RULE TO SHOW CAUSE DTD 07/25/2006, FILED. 1036/0166 RULE RETURNABLE: 14 DAYS AFTER SERVICE. /S/ ROBERT J. EBY, P.J. 7/25/06 PROTHONOTARY'S CERTIFICATE OF SERVICE, KENNETH SPARLER ESQ, DONALD 1036/0166 JONES ESQ NOTIFIED. 8/10/06 PROOF OF MAILING DATED 07/31/2006, FILED. 1038/0053 ~ v Date: 10/23/06 COURT OF COMMON PLEAS OF LEBANON COUNTY Time: 14:21:08 THERESA L FOLLETT Action No. 2005-20646 vs. FAMILY DIVISION ~,.„i., GREGORY C FOLLETT Docket Entries 25 through 27 10/17/06 PETITION TO MAKE RULE ABSOLUTE, FILED. 1049/0303 10/17/06 ORDER DTD 10/17/2006, IN RE RULE TO MADE ABSOLUTE, CUSTODY MATTER 1049/0303 SHALL BE TRANSFERRED TO CUMBERLAND COUNTY, FILED. /S/ ROBERT J. EBY, P.J. 10/18/06 PROTHONOTARY'S CERTIFICATE OF SERVICE, ATTY'S KENNETH J. SPARKLER AND 1049/0303 DONALD JONES, NOTIFIED. ~r ~~. a o ~ ~ ~ ""' C7 (~ f ~=' r..._ C.....? ""(~ ['-"` --~ ~ ~: ,,,, z ~:= ~, ,,_ ~: ,_ r ~~-, - , =_ -:. ~.-, _~~. =~ :}< { . ~ .~ • 1 ~ 5 1 IN THE COURT OF COMMON PLEAS OF LEBANON COUNTY, PENNSYLVANIA FAMILY LAW DIVISION THERESA L. FOLLETT, Plaintiff, vs. ~o~q No. 2005-20646 31? 3 Action in Custody..-~,~ ~+ GREGORY C. FOLLETT, ° ~ r= o r~ o n Defendant. v o _~ oD J z~ ~ ~ D '~ N ~-, .. n r'J MOTION AND ORDER TO MAKE R ULE ABSO~ tTTE' J rn z ---i r-}-i rn 0 _~ r fTl O AND NOW, TO WIT, this 17th day of October, 2006, upon consideration of the Petition to Transfer Order of Court filed July 25, 2006 and the Court Order of July 25, 2006, said Petition to Transfer Order and Rule Returnable having been served on the Defendant pursuant to an Affidavit of Service filed August 10, 2006, a copy of which is attached hereto and incorporated herein as Exhibit "A", there being no answer to said Rule Returnable filed within the time set forth therein, and upon Motion of Plaintiff, IT IS HEREBY ORDERED AND DIRECTED THAT the custody matter docketed in Lebanon County to the above term and number shall be and is hereby transferred to Cumberland County, Commonwealth of Anstine & ~, Sparler A~a~NE~A~~w ,'.J i 1 1 ~ ~' f l~ ~ t~ 1~ V yt ~.5 ,~ . v lS .~ ~ ~, ~~~J q9~1 Z,~ '° _~ s 1. _'°~s • Pennsylvania, said transfer to be effective upon execution of this Order. The Court of Common Anstine & $parler n~~Nr~sA,~w Pleas of Lebanon County relinquishes jurisdiction of this matter. BY THE COURT, 2 ~ ~ IN THE COURT OF COMMON PLEAS OF LEBANON COUNTY, PENNSYLVANIA FAMILY LAW DIVISION THERESA L. FOLLETT, Plaintiff, No. 2005-20646 vs. . Action in Cusf~vdy GREGORY C. FOLLETT, ~ ~, P r~~~ Defendant. rnG c ~;, A C: -^.i ('1 AFFIDAVIT OF SER VICE BY CERTIFI ~ ~L ~ _ ~ `~ ,-- D ~ -~ CONIMONWEALTH OF PENNSYLVANIA ~:~::, o r=- o ~ SS: `~~ ~ ~a COUNTY OF YORK Before me, the subscriber, a Notary Public in and for said County and Commonwealth, nstine & $parler A~saGw personally appeared Kenneth J. Sparler, Esquire, Counsel for Plaintiff in the above action, who being duly sworn according to law, deposes and says that he served the Petition to Transfer Order of Custody filed July 25, 2006 and the Rule Returnable dated July 25, 2006 in the above matter on Gregory C. Follett, the Defendant, by mailing to him, by certified mail, return receipt requested, a true and correct copy thereof on the 28th day of July, 2006; that attached hereto are the mailing receipt and return receipt therefore; that said return receipt has been signed by Sarah Yost on behalf of the Defendant on July 31, 2006. Sworn and subscribed to before e this day of i~.L~S'~ , 2006 Public E%HIBIT "A" . i . ~ ~ ~ ~ ~ ,. ., ~. • ~ ~ ~ Postage $ ~r'1 -~ Certified Fee p(• 't ~•I Postmark Return Receipt Fee Here N (Endorsement Required) p Restricted Delivery Fee / _ p (Endoreement Required) Q lfJ ~~~~ p Total Postage & Fees ~ 8 8 Dom-. Sent To ,~ ~-c~~~ - le Street, Apt. No.; O'` 9 ~ ~ L ~ or PO Box No. ----- 0 (~,~ tt.~~ p C/ty, State, ZIP+ 4 ~- wrri b~ A~- ~~r6 :,, - . . ~ ... ~. ^ Complete items 1, 2, and 3. Also complete A. Signatu item 4 if Restricted Delivery is desired. ^ Agent 'r ~ Print your name and address on the reverse X ^ Addr~assee so that we can return the card to you. g, eceived by (Prin ame) C. Date o Delivery ^ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is-delivery address different from kern 1? Yes 1. Article Addressed to: If YES, enter delivery address below: ^ No ~~f~~bY~ C. ~~ l ~e.~ ~~/r ~bc~q , ~~ . 1 ~l~q s. ~e rype - J rt~fed Mail ^ Express Mail Registered ^ Return Receipt for Merchandise ^ Insured Mail ^ C.O.D. 4. Restricted Delivery? (Extra Fee) ^ Yes 2. Artiole Number r _ - _ __ 701 194 X007 4651 4438 ~ (fiansfer from service label) Lnstine & PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 Sparler ArnxrvenarlAw . ~ ~ ~ ~ R IN THE COURT OF COMMON PLEAS OF LEBANON COUNTY, PENNSYLVANIA THERESA L FOLLETT Action No. 2005-20646 vs. GREGORY C FOLLETT CERTIFICATE OF SERVICE DEBRA A. ROTHERMEL an Employee in the Office of the Prothonotary of Lebanon County, Pennsylvania, hereby certifies that the foregoing ORDER DTD 10/17/06; MOTION TO MAKE RULE ABSOLUTE was served as follows: KENNETH J. SPARLER, ESQ. by Mailing 117 EAST MARKET ST. on 10/18/2006 YORK, PA 17401 DONALD JONES, ESQ. 339 WEST GOVERNOR ROAD, STE 201 HERSHEY, PA. 17033 by Mailing on 10/18/2006 Dated: 10/18/2006 . _ F ~... ,. v,~ 1 THERESA L. FOLLETT, Plaintiff, URif,INAL ~ ~ FIL~IE~7 IN THE COURT OF COMMON PLEAS LEBANON COUNTY, PENNSYLVANIA vs. NO. 2005-20646 GREGORY C. FOLLET, CIVIL ACTION Defendant DIVORCE/CUSTODY PRAECIPE TO ENTER APPEARANCE Kindly enter the appearance of Melissa L. Van Eck, Esquire on behalf of Theresa Follett, Plaintiff in the above referenced matter. Respectfully submitted Date: ~ ' l ,, l By: Melissa L. Van Eck, Esquire Attorney ID No.: 85869 7810. Allentown Blvd. Suite B. Harrisburg, PA 17112 (717)540-5406 Attorney for Plaintiff ~-, !~'..'7 C.,J .` . . ~~ -r""' {`V ~ +J _,1 ~~1 (.._7 5{ sA THERESA L. FOLLETT, Plaintiff VS. GREGORY C. FOLLETT, Defendant IN THE COURT OF COMMON PLEA-- : LEBANON COUNTY, PENNSYLVA ' CIVIL ACTION -FAMILY DNISION r--~ No. 2005-20646 ~~ : IN CUSTODY ORIGINg~ AND NOW, to wit, this 19tYYlay of September , 2005, upon consideration of the recommendation of the Custody Conciliator in the within matter following a conference held September 13, 2005, and upon agreement of the parties, it is hereby ORDERED: 1. Theresa L. Follett ("Mother") and Gregory C. Follett ("Father") shall have shared physical and legal custody of Ashley M. Follett, born July 1, 2002 (the "Minor Child"). Mother/Father shall have partial custody and visitation liberally and at such times as the parties shall reasonably agree, and if the parties are unable to agree, then as follows: a. The Minor Child's primary residence for purposes of school shall be in the Palmyra School District. b. Father shall have partial custody beginning Tuesday, September 20, 2005 where he shall pick the Minor Child up from daycare and continue to exercise his period of partial custody until Wednesday when he drops the Minor Child off at daycare. Father shall also have partial custody of the Minor Child beginning Friday, September 23, 2005 when he picks the Minor Child up at daycare and continuing until Sunday at 7:00 p.m. The parties shall continue this schedule on an alternating week basis. ~~~ ~~ ,~ -.~ .~~ ~ ~ ..a ~ ~; ~:~ ~ _ ~ _- ~= .._ :~ . ~• , ~= ~:~ ~, ~~ ~ ~_ .. r~ ~~ c. The following week, Father shall pick the Minor Child up Tuesday at daycare and continue to have the Minor Child until Thursday when he drops her off at daycare, and continue to alternate this schedule on a week on week off basis. d. All other times shall be with Mother. e. Mother and Father shall alternate holidays commencing at 7:00 p.m. on the night prior to the holiday and ending at 7:00 p.m. on the holiday, holidays shall include New Year's Day, Easter Day, Memorial Day, Independence Day, Labor Day and Thanksgiving Day. Father's holidays shall be New Year's Day, Memorial Day and Labor Day in even numbered years and Easter Day, Independence Day and Thanksgiving Day in odd numbered years. Mother's holidays shall be Easter Day, Independence Day and Thanksgiving Day in even numbered years and New Year's day, Memorial Day and Labor in odd numbered years. f. Mother shall have the Minor Child on Mother's Day from 7:00 p.m. on the day prior to Mother's Day until 7:00 p.m. on Mother's Day and Father shall have the Minor Child on Father's Day from 7:00 p.m. on the day prior to Father's Day until 7:00 p.m. on Father's Day. g. The Christmas holiday shall be divided into two (2) parts, the first running from 10:00 a.m. on Christmas Eve until 4:00 p.m. on Christmas Day and the second running from 4:00 p.m. on Christmas Day until 7:00 p.m. on December 27. In even numbered years Father shall enjoy the first portion of the holiday and Mother shall enjoy the second portion of the - 2 - holiday. In odd numbered years the schedule shall be reversed and so on annually thereafter. h. Mother and Father shall each receive three (3) non-consecutive uninterrupted weeks to exercise custody and take vacation with the Minor Child. A week shall run from Sunday evening at 7:00 p.m. until the following Sunday at 7:00 p.m. Each party shall provide the other parent with written notice at least 30 days in advance of the week they wish to exercise vacation. In the event both parents wish to exercise vacation during the same week, the parent that made the request first shall have priority. i. Jurisdiction of this custody case shall remain in Lebanon County. 2. Both parties shall communicate with one another regarding all major decisions that affect the child. Major decisions include, but are not limited to, medical and dental treatment, therapy, litigation (other than custody litigation), education, religious and spiritual matters, extra curricular pursuits and/or activities. 3. Day-to-day decisions of a routine nature shall be made by the parent having physical custody at the time. In the event of an emergency, the party with physical custody of the child has the authority to make decisions regarding the health and welfare of the child. However, any party making emergency decisions shall notify the other parent as soon as practical and shall involve the other parent in any subsequent decisions that have to be made. 4. Neither parent shall engage in a course of conduct designed to alienate the child from the other parent. - 3 - i' w• • 5. Each parent is to provide the other with their telephone number, cell phone number and/or an email address via which each party can communicate with respect to issues that arise regarding the child. In addition, the parent having physical custody of the child shall not unreasonably withhold telephone and email communication between the child and the non- custodial parent. 6. Transportation to effectuate exchanges of physical custody shall be arranged amicably between the parties with due consideration given to each party's scheduling commitments. As much as practical, the parties shall divide transportation responsibilities as equally as possible. Failing an agreement, it shall be the responsibility of the person obtaining physical custody to pick up the child for periods of physical custody. 7. In case there is a conflict between the holiday, vacation and weekend or weekday schedules as set forth above, precedence shall first be given to the holiday schedule, then the vacation schedule and then the weekend and weekday schedule, and the parties shall take the same into consideration prior to picking their uninterrupted weeks of summer vacation. 8. During any period of custody or visitation the parties to this Order shall not possess or use any illegal drugs, nor shall they consume alcoholic beverages to the point of intoxication, nor smoke cigarettes inside the residence or vehicle. The parties shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. 9. Neither parent shall permanently relocate if the relocation would necessitate a change - 4 - ~ w • in the visitation schedule or if the relocation would result in a change of school for the children or exceed a thirty (30) mile radius without a minimum notice of ninety (90) days to the other parent. The ninety (90) day notice is designed to afford the parents an opportunity to renegotiate the custodial arrangements or to have the matter listed for a court hearing. For the child's welfare, neither parent should consider moving far from the other until the child has reached adulthood. 10. This Order shall become a final Order of Court unless either party, within fourteen (14) days of the date of this Order, files a written request for a hearing with the Prothonotary and serves a copy of the same upon counsel for the opposing party and the Conciliator. BY THE COURT, J. - 5 - • ~ ~ r THERESA L. FOLLETT, Plaintiff VS. GREGORY C. FOLLETT, Defendant IN THE COURT OF COMMON PLEAS LEBANON COUNTY, PENNSYLVANIA CIVIL ACTION -FAMILY DIVISION No. 2005-20646 IN CUSTODY ,~~'~ The above-referenced custody action was commenced by Theresa L. Follett, who filed a Custody Complaint on August 24, 2005. A Custody Conciliation Conference was held on September 13, 2005. Present were Plaintiff and her counsel, Melissa L. Van Eck, Esquire and Defendant, and his counsel, Don Jones, Esquire. The parties were able to reach an agreement regarding the custody of the Minor Child, which is as substantially as set forth in the proposed Custody Order attached hereto. It being the intent of the parties that the Custody Order be entered as a final Order of Court, the Conciliator respectfully recommends the Court enter the attached Custody Order as a final Order of Court. GERBER, FERRY, & TANNER LAW OFFICES nn o' Dated:`-'t' S ~s ~..i~y: ~ Meg . Ryland T er, Esq. I.D. #87424 46 East Main Street Palmyra, PA 17078 (717) 838-5411 Custody Conciliator - 6 - « ~ IN THE COURT OF COMMON PLEAS OF LEBANON COUNTY, PENNSYLVANIA THERESA L FOLLETT Action No. 2005-20646 vs. GREGORY C FOLLETT CERTIFICATE OF SERVICE ~ • '~- JODY L KLINE an Employee in the Office of the Prothonotary of Lebanon County, Pennsylvaniap hereby certifies that the foregoing RECOMMENDATIONS OF CUS CON ADOPTE~I AS AN ORDER OF COURT DTD 9-19-05 / was served as follows: GERBER,FERRY & TANNER by Mailing LAW OFFICES on 9/20/2005 46 EAST MAIN STREET PALMYRA PA 17078 THERESA L FOLLETT by Mailing 2 MANOR CIRCLE on 9/20/2005 PALMYRA PA 17078 MELISSA L. VAN ECK, ESQUIRE by Mailing 7800 A ALLENTOWN BOULEVARD on 9/20/2005 SUITE B HARRISBURG, PA 17112 GREGORY C FOLLETT by Mailing 2917 LOCUST LANE on 9/20/2005 HARRISBURG PA 17109 DONALD JONES ESQ by Mailing 905 W GOVERNOR RD on 9/20/2005 HERSHEY PA 17033 Dated: 9/20/2005 PURSUANT TO RULE 236 You are hereby notified that th~~ order has been entered in this case. GERBERF Daryl J. Gerber John J. Ferry, Jr. Megan E. Ryland-Tanner Jennifer A. Wentzel ERQTANNER CX LqW pFFICES August 29, 2005 Theresa L. Follett 2 Manor Circle Palmyra, PA 17078 Melissa L. Van Eck, Esquire 7810 A Allentown Blvd., Suite B Harrisburg, PA 17112 Gregory C. Follett 2917 Locust Lane Harrisburg, PA 17109 Re: Follett v. Follett Case No. 2005-20646 4~ Fast ~~1ain Street Palrn;~ro. PA 1 ?O: 8 71 '.33x.541 I '~ ?-838.304' Fax Toll Free 888.864.430 ~.v~~~~N~ gerberferry.cem NOTICE OF CONFERENCE Dear Sir or Madam: 99 q ~ ~ d~ ~~2 ~~5 ~ W~ ~: ~ e:~ ~ ° ' - _ ~ ^' ~ . - ~:: tom} :~,~ : i~ : ,~: ~„ _ ~ ~ .. ~ ~ ~ ~~ ; ; s ~ ~;~ -< ° ` I have been appointed to act as Custody Conciliator regarding the pending Petition between the parties. A Custody Conciliation Conference will be held in Room 312, Lebanon County Courthouse, 400 South Eighth Street, Lebanon, Pennsylvania on September 13, 2005 at 9:00 a.m. The purpose of this conference will be to attempt to reach a resolution to the Custody Petition. One (1) hour has been allotted for this conference. The parties to the Petition, together with their counsel, must attend this conference. Failure of a party to appear at the conference may provide grounds for the entry of a recommendation of a temporary or permanent order. Absent unusual circumstances, non-parties will not participate in the conference and shou_ ld not attend this initial conference. In addition, the children that are the subject of the Petition are normally not expected to attend. No continuances or extensions shall be granted exce t in extraordin Thereupon, the conference date scheduled in this letter will be changed only upon agreement of both parties. Any party seeking to change the conference date will have the burden of seeking the consent of the opposing party and scheduling a new date suitable to all parties and myself. GERBER, FERRY & TANNER Page 2 August 29, 2005 Counsel are encouraged to agree to rescheduling that does not result in any significant delay of the initial conference. However, rescheduling will require the concurrence of the opposing party. Any agreement to reschedule the conference date should be confirmed in writing by the party who arranged for the new date. That writing should be directed to the opposing party only after confirming with both the opposing party and myself that the date is suitable. The letter should be directed to me. A copy should be sent to the opposing party, as well as the Lebanon County Prothonotary. All parties should promptly notify me, in writing, of representation by counsel not reflected on this notice. In the event we are able to successfully resolve the issues raised in the Petition at the time of the initial conference, a Stipulation will need to be executed. Counsel are encouraged to bring a proposed Stipulation with them to the initial conference. Subject to negotiations that would occur, a Stipulation could serve as a framework for finalizing any agreement in appropriate circumstances. In the event that an agreement is not reached at the time of the initial conference, it is expected that an Interim Order will be entered. Counsel are also directed to bring with them, in written form, the information required by Local Rule 1915.4-3 C. Failure to provide this information may result in the exclusion of evidence as indicated in that Rule. The issue of home studies and psychological counseling/evaluations maybe discussed at the time of the conference. It is not expected that home studies will be ordered in every case. In advance of the conference, the parties should consider the need for the same and the allocation of the cost associated with them. Depending on the complexity of the case and the time that maybe involved in conducting a full hearing, one or both of the parties may be required to deposit fees, designed to cover the expense of proceedings, with the Lebanon County Prothonotary. This may be a topic of discussion at the time of the initial conference. Telephone contact with me is discouraged. Discussions regarding the substantive issues in the case should be limited to the scheduled conference and further hearing, if required. Counsel and the parties may correspond with me in writing regarding procedural matters, if necessary. GERBER, FERRY & TANNE~ Page 3 August 29, 2005 At the time of the conference Petitioner will be required to provide proof of service of the Custody Petition on Respondent. Copies of all papers filed in this custody proceeding shall be served upon the Conciliator. Very truly yours, ~~ ~ ~,~ ~~~ ~~ -r ~~ Megan E. Ryland Tanner Esquire Attorney ID: 87424 /tlk cc: Prothonotary \~`~ S • ~~ c ~ ~. THERESA L. FOLLETT, IN THE COURT OF COMMON PLEAS Plaintiff, LEBANON COUNTY, PENNSYLVANIA vs. CIVIL ACTION -CUSTODY FAMILY DIVISION '` ~ ~-.y ~~ GREGORY C. FOLLETT ~} ~ ~-----~ -_._ Defendant NO.: ~U~S`~~~ q'Ci'~ ~ - ~~ ~~ ORDER FOR APPOINTMENT OF CONCILIATOR You, Holly M. Bechtel, have been sued in court to obtain custody of the confirmation of MEGAN RYLAND-TANNER, ESQ. legal and primary physical custody of the child, Ashley M. Follett/ Is hereby appointed as the Custody Conciliator in this matter. The Custody Conciliator will notify you of the date, time and place for a custody conference. ~~ If you fail to appear as provided by this Order, an order for custody, partial cus~p~ly or r-- -- visitation maybe entered against you or the Court may issue a warrant for your.arrest. t:. -~ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. YOL~HAV~A ~- RIGHT TO AN ATTORNEY REPRESENT YOU AT THE HEARING. IF YOU DO NOT HAVE AN LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. MidPenn Legal Services 513 Chestnut Street Lebanon, Pennsylvania 17042 717-274-2834 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Lebanon County is required by law to comply with the Americans With Disabilities 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 arrangement must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. BY T: .~--- Date: `August 24, 2005 R ERT EBY ~, P.J. ~ ~ ~~ ~r,~ r., . ... .: , .. • • THERESA L. FOLLETT, IN THE COURT OF COMMON PLEAS Plaintiff, LEBANON COUNTY, PENNSYLVANIA vs. CIVIL ACTION -CUSTODY FAMILY DIVISION GREGORY C.FOLLETT Defendant NO.: CUSTODY COMPLAINT 1. Plaintiff is Theresa L. Follett who currently resides at 2 Manor Circle, Palmyra, r_s Lebanon County, Pennsylvania 17078. .~ 2. Defendant is Gregory C. Follett whose current address is 2917 Locust Land, .-- Harrisburg, Dauphin County, Pennsylvania 17109. - -- 3. Plaintiff seeks primary physical custody of the following child: Ashley M.1~,-ellett '~_~ !5' (d.o.b. 7-1-02). Plaintiff and Defendant are the natural parents of the above-mentioned minor child. The child was born during the marriage. The child is presently in the custody of Plaintiff who resides at 2 Manor Circle, Palmyra, Lebanon County, Pennsylvania 17078. 4. During the past three (3) years, the child has resided with the following persons and at the following addresses: NAME ADDRESSES Theresa L. Follett 754 Ironstone Road Gregory C. Follett New Cumberland, PA Theresa L. Follet Springford Terrace Gregory C. Follett Harrisburg, PA Theresa L. Follet 2 Manor Circle DATES Birth -August 2004 August 2004 -Nov. 2004 Nov. 2004 -present Palmyra, PA i~~ .. • 5. The mother of the child is Plaintiff, Theresa L. Follett who resides at 2 Manor Circle, Palmyra, Lebanon County, Pennsylvania 17078. She is married. The father of the child is Defendant, Gregory C. Follett who resides at 2917 Locust Lane Harrisburg, Dauphin County, Pennsylvania 17109. 6. The relationship of Plaintiff to the child is that of mother. The Plaintiff currently resides with the following persons: Name Relationship Ashley M. Follett Daughter 7. The relationship of Defendant to the child is that of father. The Defendant currently resides with the following persons: Name Relationship Sally Yost Mother 8. 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. Plaintiff does not know of a person not a party to these proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 9. The best interest and permanent welfare of the child will be served by granting the relief requested because ~ !, ~ ~ a. Petitioner can provide a stable, safe, and secure environment and can provide for the child's emotional, financial, psychological and spiritual needs. b. The child views the Plaintiff as a source of stability, a source of love, and a source of emotional support. 10. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child has 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 child has been given notice of the pendency of this action and the right to intervene: None. WHEREFORE, Plaintiff, Theresa L. Follett, respectfully requests this Honorable Court to grant her primary physical custody and shared legal custody of the child with reasonable visitation rights to Defendant. Date: ' ~ Q -~ Respectfully submitted, VAN ECK & VAN ECK, P.C. Melissa L. Van Eck, Esquire Attorney ID No.: 85869 7810 A Allentown Blvd., Suite B. Harrisburg, PA 17112 (717)540-5406 ~ ~ VERIFICATION I, Theresa L. Follett, verify that the statements made in the foregoing Custody Complaint are true and correct to the best of my knowledge, information and belief. 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: ~ ~ ~ ~ ~ 05 ~ ~ l ~~` Theresa L. Follett THERESA L. FOLLETT VS. GREGORY C. FOLLETT Action No. 2005-20646 CERTIFICATE OF SERVICE MICHELLE L. GUNDRUM an Employee in the Office of the Prothonotary of Lebanon County, Pennsylvania, hereby certifies that the foregoing ORDER FOR APPOINTMENT OF CONCILIATOR was served as follows: MEGAN E. RYLAND-TANNER, ESQUIRE 46 E MAIN ST PALMYRA, PA 17078 GREGORY C. FOLLETT 2917 LOCUST LANE HARRISBURG, PA 17109 VAN ECK & VAN ECK, PC 7810 ALLENTOWN BLVD STE. B HARRISBURG, PA 17112 • IN THE COURT OF COMMON PLEAS OF LEBANON COUNTY, PENNSYLVANIA by Mailing on 8/25/2005 by Mailing on 8/25/2005 by Mailing on 8/25/2005 Dated: 8/25/2005 ~~ `i` ~~~ ~~. ~~ ~ ~~~~~~ a ~ ___ ~_ 35.E ___ THERESA L. FOLLETT, IN THE COURT OF COMMON PLEAS Plaintiff, LEBANON COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW DIVORCE FAMILY DIVISION r,.,.> GREGORY C. FOLLETT, ~] 0 ~ ~ _ ~] ~ ~~~ Defendant NO. (J~ 0~ W ~ . NOTICE ~- ~ ~~'~~~~ r ~~ YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set-, forth in the following pages, you must take prompt action. You are warned that if yob fail to do so, the case may proceed without you and a decree in divorce or annulment maybe entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at Dauphin County, Front and Market Streets, Harrisburg, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. MIDPENN LEGAL SERVICES 120 N. 8TH STREET LEBANON, PA 17046 (717) 274-2834 i ~ w THERESA L. FOLLETT, IN THE COURT OF COMMON PLEAS Plaintiff, LEBANON COUNTY, PENNSYLVANIA vs. CNIL ACTION -LAW DIVORCE FAMILY DIVISION GREGORY C. FOLLETT, Defendant NO. COMPLAINT IN DIVORCE 1. Plaintiff is Theresa L. Follett who currently resides at 2 Manor Circle, Palmyra, Lebanon County, Pennsylvania 17078. 2. Defendant is Gregory C. Follett who currently at 2917 Locust Lane Harrisburg, Dauphin County, Pennsylvania 17109. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 1, 1994, in West Fairview, Cumberland County, Pennsylvania. 5. One (1) child was born during the marriage Ashely M. Follet (d.o.b. 7-1-02). 6. Neither Plaintiff nor Defendant are in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 and it amendments. 7. The marriage is irretrievably broken. • • Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. Plaintiff requests the court to enter a Decree of Divorce divorcing Plaintiff and Defendant. WHEREFORE, Plaintiff requests that this Court enter a Decree in Divorce divorcing Plaintiff and Defendant and such other Orders as are just and appropriate. COUNT II EQUITABLE DISTRIBUTION 10. The averments of paragraphs 1-9 are incorporated herein by reference. 11. During the marriage the parties acquired marital property, assets and debts which Plaintiff requests the Court equitably distribute and assign. • • WHEREFORE, Plaintiff requests the Court to enter a Decree in Divorce divorcing Plaintiff and Defendant, enter an Order equitably distributing marital property and such other orders as maybe just and appropriate. Date: '' ( `~ Respectfully submitted, f Melissa L. Van Eck, Esquire Attorney ID No. 85869 7810 Allentown Blvd. Suite B P.O. Box 6662 Harrisburg, PA 17112 (717)540-5406 Attorney for Plaintiff • • VERIFICATION I, Theresa L. Follett, verify that the statements made in the foregoing COMPLAINT in DIVORCE are true and correct to the best of my knowledge, information and belief. 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: ~ - l to -o S ~ -~-~ ~ ~~~ Theresa L. Follett IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAMILY LAW DIVISION THERESA L. FOLLETT, Plaintiff, vs. GREGORY C. FOLLETT, Defendant. No. D{0 _ 1.P Action in Custody PETITION FOR MODIFICATION AND NOW, TO WIT, this ~ day of , 2006, comes the Plaintiff, Theresa L. Follett, and files this Petition for Modification to a prior Order of Custody dated September 19, 2004 previously entered in Lebanon County and to modify the same upon the following statements, to wit: 1. Petitioner, Theresa L. Follett, is the Plaintiff in the above-referenced custody action and Defendant, Gregory C. Follett, the Respondent therein. 2. An Order of Custody was entered September 19, 2005 (hereinafter referred to as "Order"), a copy of which is attached hereto and incorporated herein as Exhibit "A". Anstine & $parler Al7ORNEYS A/ LAW 3. At the time that the aforesaid Order was entered, both Plaintiff and Defendant resided in Lebanon County. 4. Petitioner currently resides at 1102 Quincy Circle, New Cumberland, Cumberland County, Pennsylvania, and Respondent currently resides at 2917 Locust Lane, Harrisburg, Dauphin County, Pennsylvania. 5. The Court of Common Pleas of Lebanon County entered an Order on October 17, 2006 directing that the custody matter docketed to No. 2005-20646 be transferred to Cumberland County, a copy said Order being attached hereto and incorporated herein as Exhibit "B". 6. The Court of Common Pleas of Cumberland County has jurisdiction over this matter by virtue of the aforesaid Order. 7. The prior Order provided that the minor child's primary residence for purposes of school shall be in Palmyra, Lebanon County. 8. The parties, by mutual agreement, have not followed the partial custody provisions as set forth in the Order. 9. Petitioner will be moving to Etters, York County, Pennsylvania, in December, 2006, where she is presently constructing a home. The residence where Petitioner will and currently resides is served by the West Shore School District. 10. The child is presently enrolled in the West Shore School District. WHEREFORE, Petitioner prays your Honorable Court that the Order of Lebanon County be modified to provide a schedule of visitation as follows: Anstine & $parler Arromvtrsnr!_4w 2 1. the child shall attend the Red Land School/Fishing Creek Elementary School which is incorporated into the West Shore School District. 2. Father shall have rights of partial custody on the following schedule: a. Based upon a two (2) week schedule, Mother, in week one, shall have partial custody from Sunday at 7:00 p.m. through Wednesday morning when the child shall attend daycare. b. Father shall have rights of partial custody from Wednesday morning to Thursday morning when he shall return the child to daycare. c. Mother shall have Thursday morning until Friday morning when she shall return the child to daycare. d. Father shall have custody from Friday after daycare through Sunday evening at 7:00 p.m. e. During the second week, Mother shall exercise custody from Sunday at 7:00 p.m. to Wednesday morning. f. Father shall have Wednesday after school to Friday morning when he shall return the child to daycare. g. Mother shall then have Friday morning through the following Wednesday morning. 3. The summer vacation, alternate holidays and Christmas shall be the same as set forth in the prior Order of Lebanon County Court of Common Pleas dated September 19, 2005. Anstine & $parler f~RORNEY$AT Law 3 4. The parties agree to split the child's birthday as nearly equal as possible with one parent having the child in the morning in the even numbered years and the other parent having the child in the afternoon, the schedule to be reversed in odd numbered years. Respectfully submitted, ANSTINE & SPARLER ~ ~' By: ~` ~ ~~ e ~ etly . ar r, Esquire 117 East Market Street York, PA 17401 (717) 846-8811 I.D. No. 07435 Anstine & $parler Anomrtvs ar Law 4 VERIFICATION I, Kenneth J. Sparler, Esquire, hereby verify that I am the attorney for Plaintiff, Theresa L. Follett, in the foregoing action and that the attached Petition for Modification is based on information which has been given to me, provided by me or which has been gathered in the preparation of this lawsuit. The language of the attached document is mine. I have read the document and to the extent that it is based upon information which has been given to me, provided by me or which has been gathered in the preparation of this lawsuit, it is true and correct to the best of my knowledge, information and belief. I understand that all statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsifications to authorities. l~~ e eth J. par r, squire r. Anstine & $parler Arroarrevs ar Law 5 ~~ ~ ~ ~ THERESA L. FOLLETT, Plaintiff VS. GREGORY C. FOLLETT, Defendant _, IN THE COURT OF COMMON{)r ~~~ ~- LEBANON COUNTY, PENNSYLVANIA CNIL ACTION -FAMILY DIVISION No. 2005-20646 IN CUSTODY f)RDFR nF C'US..TS?n~ AND NOW, to wit, this l C~ day of `~_~-~' is t=1 i 113~~ 2005, upon consideration of the recommendation of the Custody Conciliator in the within matter following a conference held September 13, 2005, and upon agreement of the parties; it is hereby ORDERED: 1. Theresa L. Follett ("Mother") and Gregory C. Follett ("Father") shall have shared physical and legal custody of Ashley M. Follett, born July 1, 2002 (the "Minor Child"). Mother/Father shall have partial custody and visitation liberally and at such times as the parties shall reasonably agree, and if the parties are unable to agree, then as follows: a. The Minor Child's primary residence for purposes of school shall be in the Palmyra School District. b. Father shall have partial custody .beginning Tuesday, September 20, 2005 where he shall pick the Minor Child up from daycare and continue to exercise his period of partial custody until Wednesday when he drops the Minor Child off at daycare. Father shall also have partial custody of the Minor Child beginning Friday, :September 23, 2005 when he picks the Minor Child up at daycare and continuing until Sunday at 7:00 p.m. The parties shall continue this schedule on an alternating week basis. ffiIBIT "A" --' c. The following week, Father shall pick the Minor Child up Tuesday at daycare and continue to have the Minor Child until Thursday when he drops her off at daycare, and continue to alternate this schedule on a week on week off basis. d. All other times shall be with Mother. e. Mother and Father shall alternate holidays commencing at 7:00 p.m. on the night prior to the holiday and ending at 7:00 p.m. on the holiday, holidays shall include Ne~v Year's Day, Easter Day, Memorial Day, Independence Day, Labor Day and Thanksgiving Day. Father's holidays shall be New Year's Day, Memorial Day and Labor Day in even numbered years and Easter Day, Independence Day and Thanksgiving Day in odd numbered years. Mother's holidays shall be Easter Day, Independence Day and Thanksgiving Day in even numbered years and New Year's day, Memorial Day -and Labor in odd numbered years. f. Mother shall have the Minor Child on Mother's Day from 7:00 p.m. on the day prior to Mother's Day until 7:00 p.m. on Mother's Day and Father shall have the Minor Child on Father's Day from ?:00 p.m. on the day prior to Father's Day until 7:04 p.m. on Father's Day. g. The Christmas holiday shall be divided into two (2) parts, the first running from 10:00 a.m. on Christmas Eve until 4:00 p.m. on Christmas Day and the second running from 4:00 p.m. on Christmas Day until 7:00 p.m. on December 27. In even numbered years Father shall enjoy the first portion of the holiday and Mother shall enjoy the second portion of the 2 .~ holiday. In odd numbered years the schedule shall be reversed and so on annually thereafter. h. Mother and Father shall each receive three (3) non-consecutive uninterrupted weeks to exercise custody and take vacation with the Minor Child. A week shall run from Sunday evening at 7:00 p.m. until the following Sunday at 7:00 p.m. Each party shall provide the other parent with written notice at least 30 days in advance of the week they wish to exercise vacation. In the event both parents wish to exercise vacation during the same week, the parent that made the request first shall have priority. i. Jurisdiction of this custody case shall remain in Lebanon County. 2. Both parties shall communicate with one another regarding all rnajar decisions that affect the child. Major decisions include, but are .not limited to, medical and dental treatment, therapy, litigation (other than custody litigation), education, religious and spiritual matters, extra curricular pursuits andlor activities. 3. Day-to-day decisions of a routine nature shall be made by the parent having physical custody at the time. In the event of an emergency, the party with physical custody of the child has the authority to make decisions regarding the health and welfare of the child. However, any party making emergency decisions shall notify the other parent as soon as practical and shall involve the other parent in any subsequent decisions that have to be made. 4. Neither parent shall engage in a course of conduct designed to alienate the child from the other parent. - 3 - 5. Each parent is to provide the other with their telephone number, cell phone number and/or an email address via which each party can communicate with respect to issues that arise regarding the child. In addition, the parent having physical custody of the child shall not unreasonably withhold telephone and email communication between the child and the non- custodial parent. 6. Transportation to effectuate exchanges of physical custody shall be arranged amicably between the parties with due consideration given to each party's scheduling commitments. As much as practical, the parties shall divide transportation responsibilities as equally as possible. Failing an agreement, it shall be the responsibility of the person obtaining physical custody to pick up the child for periods of physical custody. 7. In case there is a conflict between the holiday, vacation and weekend or weekday schedules as set forth above, precedence shal'1 first be given to the holiday schedule, then the vacation schedule and then the weekend -and weekday-schedule, and the parties shall take the same into consideration prior to picking their uninterrupted weeks of summer vacation. $. During any period of custody or visitation the parties to this Order shall not possess or use any illegal drugs, nor shall they consume alcoholic beverages to the point of intoxication, nor smoke cigarettes inside the residence or vehicle. The parties shall likewise assure, to the extent possible, that other household members andlor houseguests comply with this prohibition. 4. Neither parent shall permanently relocate if the relocation would necessitate a change - 4 - in the visitation schedule or if the relocation would result in a change of school for the children or exceed a thirty (30) mile radius without a minimum notice of ninety (90) days to the other parent. The ninety (90) day notice is designed to afford the parents an opportunity to renegotiate the custodial arrangements or to have the matter listed for a court hearing. For the child's welfare, neither parent should consider moving far from the other until the child has reached adulthood. 10. This Order shall become a final Order of Court unless either party, within fourteen (14) days of the date of this Order, files a written request for a hearing with the Prothonotary and serves a copy of the same upon counsel for the opposing party and the Conciliator. BY THE COURT, ur'~`~...1t'~r~,'.~~~ u. r. - 5 - THERESA L. FOLLETT, Plaintiff VS. GREGORY C. FOLLETT, Defendant IN THE COURT OF COMMON PLEAS LEBANON COUNTY, PENNSYLVANIA CIVIL ACTION -FAMILY DIVISION No. 2005-20646 IN CUSTODY The above-referenced custody action was commenced by Theresa L. Follett, who filed a Custody Complaint on August 24, 2005. A Custody Conciliation Conference was held on September 13, 2005. Present were Plaintiff and her counsel, Melissa L. Van Eck, Esquire and Defendant, and his counsel, Don Jones, Esquire. The parties were able to reach an agreement regarding the custody of the Minor Child, which is as substantially as set forth in the proposed Custody Order attached hereto. It being the intent of the parties that the Custody Order be entered as a final Order of Court, the Conciliator respectfully recommends the Court enter the attached Custody Order as a final Order of Court. GERBER, FERRY, & TANNER LAW OFFICES ., '~ ~; --'~y: %~ , ~~- Lam. Megan . Ryland T er, Esq. LD. #87424 46 East .Main Street Palmyra, PA 17078 (717) 83:8-5411 Custody-Conciliator .~ Dated: ~'(~ ,~ f ~~ - 6 - $ ~ 7 ~ r Af IN THE COURT OF COMMON PLEAS OF LEBANON COUNTY, PENNSYLVANIA FAMILY LAW DIVISION THERESA L. FOLLETT, Plaintiff, vs. GREGORY C. FOLLETT, Defendant. No 2005-2064 ? . : r s ca y m ~ cos "'' rn Action in Custot~D _ J ~, z Rd ~ ..~ -n v ~, ~ .. r r~ . i ~ o J MOTION AND ORDER TO MAKE R ULE ABSOL UTE AND NOW, TO WIT, this ~ day of October, 2006, upon consideration of nstine & $parler n~«~,~~W the Petition to Transfer Order of Court filed July 25, 2006 and the Court Order of July 25, 2006, said Petition to Transfer Order and Rule Returnable having been served on the Defendant pursuant to an Affidavit of Service filed August 10, 2006, a copy of which is attached hereto and incorporated herein as Exhibit "A", there being no answer to said Rule Returnable filed within the time set forth therein, and upon Motion of Plaintiff, IT IS HEREBY ORDERED AND DIRECTED THAT the custody matter docketed in Lebanon County to the above term and number shall be and is hereby transferred to Cumberland County, Commonwealth of E%HIBIT "B" Pennsylvania, said transfer to be effective upon execution of this Order. The Court of Common Pleas of Lebanon County relinquishes jurisdiction of this matter. BY THE COURT, J. nstine & Sparler Arroar~vs a Law }ANT T4 MULE c~6 ~~- are ~eneby notified ~t taisn~'~,bis case been ~~~er e 2 IN THE COURT OF COMMON PLEAS OF LEBANON COUNTY, PENNSYLVANIA FAMILY LAW DIVISION THERESA L. FOLLETT, Plaintiff, No. 2005-20646 vs. Action in Cusf~~'dy ,~, GREGORY C. FOLLETT ~ o -- r~ Defendant. ---~ ; o o c m ~ Do c~ _ ~ ~ AFFIDAVIT OF SERVICE BY CERTIFI~A ~ ° D ~~ COMMONWEALTH OF PENNSYLVANIA ~ , SS: '~~ ~ o COUNTY OF YORK Before me, the subscriber, a Notary Public in and for said County and Commonwealth, personally appeared Kenneth J. Sparler, Esquire, Counsel for Plaintiff in the above action, who being duly sworn according to law, deposes and says that he served the Petition to Transfer Order of Custody filed July 25, 2006 and the Rule Returnable dated July 25, 2006 in the above matter on Gregory C. Follett, the Defendant, by mailing to him, by certified mail, return receipt requested, a true and correct copy thereof on the 28th day of July, 2006; that attached hereto are the mailing receipt and return receipt therefore; that said return receipt has been signed by Sarah Yost on behalf of the Defendant on July 31, 2006. Sworn and subscribed to before e this day of i~iics~ .2006 nstine & 9~az'Y Public $parler ,a.~t.~ ~. r ra Pope a -~ certin~d Fee ~• ~Q ~ ~ [~- (EndoPrs nentReq~~ecl) Pcstmerk Ham / / _ O 'Ibtal Postage d Foes ~ 6 8 l ~~ro ~,~~ _ ~ ~ le ~ Street' Apt No.; - -.. or PO eox IVa ~ ~ ~ fi _ ~ ~..__.,-»_....r . `~ (~. ~~ O City, Sfate, Z/P+ ~ /1~`,1~~~ 1'`. ~/ I -( ` v~ ~nstine & Sparler ANA ^ Complete Items 1, 2, and 3. Also complete ~. item 4 if Restricted Delivery is desired. ~ Print your name and address op the reverse so that we can return the card to you. ^ Attach this card to the back of the mailpiece, or on the front ff space permits. 1. Article Addressed to: .--- ~~~~~dY~ C. I-ti <<~ (~~tr~b~ , Q~ ~ I ~~~~ 9 A. Sf X ^ Agent ^ Addreessee ' B. ed by (Prm erne) C. Date of Delivery D. Is~delivery address different from Item 1? D Yes If YES, enter delivery address below: ^ No .I 3. .Type ... ~]ifred Mail ^ F~cpress M811 Registen3d O Return Recelpt for Merchandise ^ Insured Mail ^ C.O.D. 4. Restricted Delivery? (Extrg Fee) ^ Yes 2. Artit~le Number r _- . _. . , . --~ (Ifa»sfer~romseMoe~ 7001 1940 000? 4651 4438 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540: N ~ ~ ~. o O -r-- ~- N r- c,.: r t' c:._ - ,~~., ~..,.. .,~i ~" --1 _ --rt °~ i - 31 ' y { ''`~ _ ~} ..~ THERESA L. FOLLETT 1N THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. GREGORY C. FOLLETT DEFENDANT • 06-6472 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, November lb, 2006 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. ,the conciliator, at 39 West Maiu Street, Mechanicsburg, PA 17055 on Thursday, December 14, 2006 at 9:00 AM for aPre-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 ale 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/ Dawn S. Sunda 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 ~, ~ ~ ~~v ~ ~~j ~ is ti t~ y ry~~. ~ i ~'.d >~+,.I ~~ ,, kt 3 nEC r s aoos~. THERESA L. FOLLETT Plaintiff vs. GREGORY C. FOLLETT Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-6472 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT . r ~!''r AND NOW, this day of 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of the Lebanon County Court of Common Pleas dated September 19, 2005 shall continue in effect as modified by this Order. 2. The parties shall have physical custody of the Child in accordance with the following schedule: A. Based upon atwo-week schedule, the Mother, in week one, shall have custody of the Child from Sunday at 7:00 p.m. through Wednesday morning before daycare. The Father shall . have custody from Wednesday morning through Thursday morning when the Father shall transport the Child to daycare. The Mother shall have custody of the Child from Thursday morning until Friday morning when the Mother shall transport the Child to daycare and the Father shall have custody from Friday morning through Sunday evening at 7:00 p.m. B. During week two, the Mother shall have custody of the Child from Sunday at 7:00 p.m. until Wednesday morning when she shall transport the Child to daycare. The Father shall have custody from Wednesday morning until Friday morning when the Father shall transport the Child to daycare and the Mother shall have custody from Friday morning through the following Wednesday morning. 3. The parties shall equally share having custody of the Child on the Child's birthday in each year, with the specific times to be arranged by agreement between the parties. 4. Unless otherwise agreed between the parties, the Child shall be enrolled in the West Shore School District where the Mother resides. ... 5. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. J. cc: Kenneth J. Sparler, Esquire -Counsel for Mother ~ Gregory C. Follett -Father / ~~ `l Cl ~'0 ~ ~ ~ ~~S i, ~~.~ifa k'ru.:, iA.-~-. ~ ~ ~ ~ ~ ~~~~~ ~ ~ ~~~ ~~~Z THERESA L. FOLLETT Plaintiff vs. GREGORY C. FOLLETT Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-6472 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Ashley M. Follett July 1, 2002 Mother/Father 2. A custody conciliation conference was held on December 14, 2006, with the following individuals in attendance: the Mother, Theresa L. Follett, with her counsel, Kenneth J. Sparler, Esquire. The Father, Gregory C. Follett, did not attend the conference or contact the conciliator. 3. The Mother filed this petition for modification seeking to modify an Order that was previously entered by the Lebanon County Court of Common Pleas on September 19, 2005, which has been registered in Cumberland County. The September 19, 2005 Order entered in Lebanon County requires that the Child attend the Palmyra School District where the parties resided at the time. The Mother represented that neither party currently resides in Lebanon County and the Mother desires to enroll the Child in the West Shore School District where she presently lives. The Mother also requests that the Order be modified to reflect the shared custody schedule under which the parties have been operating for the last one and a half years and finally that a provision be added for custody on the Child's birthday. The Mother stated that the Father does not object to any of the foregoing modifications. 4. Based upon the Mother's representations at the conference and the fact that the Father did not attend the conference or contact the conciliator, the conciliator recommends an Order in the form as attached. ~,~~,c~,w.h~r i `f, a oo (~ Date Dawn S. Sunday, Esquire Custody Conciliator Y + ~ f , ~ Y~ COURT COPY THERESA L. FOLLETT IN THE COURT OF COMMON PLEAS Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-642 GREGORY C. FOLLETT Defendant/Petitioner CIVIL ACTION -LAW IN CUSTODY CUSTODY COMPLAINT AND PETITION FOR RECONFERENCE ~. The Plaintiff/Respondent is Theresa L. Follett, who currently resides at 319 Braddock Drive, Etters, York County, Pennsylvania, 17319. 2. The Defendant/Petitioner is Gregory C. Follett, whose current address is 2004 Mount Vernon Circle, Harrisburg, Dauphin County, Pennsylvania, i~iio. 3. A custody complaint was originally filed in this matter in Lebanon County, Pennsylvania to No. 2005-20646 which resulted in an agreed custody order being entered dated September i9, 2005. A copy of the order is attached as Exhibit "A". 4. On or about July 24, 2006 the Plaintiff filed a Petition in Lebanon County to transfer the order of custody to Cumberland County. 5. A motion and order approving the transfer is entered in Lebanon County on October i~, 2006. A copy of the motion and order are attached as Exhibit "B". 6. Approximately November of 2006, the Defendant believes that a Petition to Modify Custody was filed in Cumberland County to the above number. The Petition was not served upon the Defendant nor has he ever received a copy. ~. On or about November 21, 2006, the conciliator, Dawn S. Sunday, Esquire, mailed the Order of Court dated November i6, 2006, scheduling a conciliation conference for December i4, 2006 at g:oo a.m. to Donald L. Jones, Esquire, who had previously represented the Defendant when the original order was entered in Lebanon County. 8. Donald L. Jones, Esquire attempted to contact the Defendant to determine whether or not he had received notice of the hearing and wished to be represented, however Counsel was unable to contact Mr. Follett prior to the date of the hearing. 9. Donald L. Jones, Esquire, has not heretofore filed an appearance in this matter in Cumberland County and was not the Defendant's attorney of record to receive service of the Plaintiff s modification complaint. 10. The conciliation conference was held on December i4, 2006 and in the absence of the Defendant, an Order modifying custody was entered. A copy of said order is attached as Exhibit "C". ii. As the Defendant did not receive notice of the conference or have the opportunity to appear at the time of the conference to protect his interests, his due process rights were violated and he requests that the case be reconferenced and the Order of December 18, 2006 be vacated. 12. The Defendant wishes to modify the existing Order which provides for shared physical and shared legal custody, however Defendant wishes to expand the time which he has custody of the child to a more equal schedule than currently exists. ig. The minor child is now approximately 41/2 years old and it would be in the child's best interest to be able to spend more time with her father. 14. Each parent whose rights to the child has not been terminated and the person who has physical custody of the child has been named as a party to this action. All other persons, named below, who are known to have or claim a right of custody or visitation of the child has been given notice of the pendency of this action and their right to intervene: None. WHEREFORE, Defendant/Petitioner, Gregory C. Follett, respectfully requests this Honorable Court to grant his Petition to reconference the above matter for failure of the Plaintiff to serve the Defendant with notice of the hearing and grant his petition for shared legal custody and equal shared physical custody of the child. Respectfully submitted, JONES & HENNINGER, P.C. By: Donald L. Jones, Esqu Attorney for the Defe ant I.D. # 24415 339 W Governor Rd., Suite 201 Hershey, PA 1033 0717) 533-7113 trans.FOLLETT.complaint.custody.oo568.02.06.0~ ~. ~~~~ ' ~ y w~ ~~ THERESA L. FOLLETT, : IN THE COURT OF COMMON PLEAS `'"' Plaintiff :LEBANON COUNTY, PENNSYLVANIA CNII, ACTION - FAMILY DNISION VS. _. No. 2005-20646 ~ ~ ~ ' ' ~~ ~~-, ..; . -~, '~ GREGORY C. FOLLETT, . _ v Defendant : IN CUSTODY ~ ~~- '.~' Mid _.) . nRnF,R (?F C.TT4TnnY ~ '-~ .~.' ~ r: .. ~-„ ..... ~ AND NOW to wit, this 1 ~ da of y ,~--PrE-l1'?f3~~, 2005, upon consideration of the recommendation of the Custody Conciliator in the within matter following a conference held September 13, 2005, and upon agreement of the parties, it is hereby ORDERED: 1. Theresa L. Follett ("Mother") and Gregory C. Follett ("Father"} shall have shared physical and legal custody of Ashley M. Follett, born July 1, 2002 (the "Minor Child"). Mother/Father shall have partial custody and visitation liberally and at such times as the parties shall reasonably agree, and if the parties are unable to agree, then as follows: a. The Minor Child's primary residence for purposes of school shall be in the Palmyra School District. b. Father shall have partial custody beginning Tuesday, September 20, 2005 where he shall pick the Minor Child up from daycare and continue to exercise his period of partial custody until Wednesday when he drops the Minor Child off at daycare. Father shall also have partial custody of the Minor Child beginning Friday, September 23, 2005 when he picks the Minor Child up at daycare and continuing until Sunday at 7:00 p.m. The parties shall continue this schedule on an alternating week basis. ., Exhibit "A" ~, c. The following week, Father shall pick the Minor Child up Tuesday at daycare and continue to have the Minor Child until Thursday when he drops her off at daycare, and continue to alternate this schedule on a week on week off basis. d. .All other times shall be with Mother. e. Mother and Father shall alternate holidays commencing at 7:00 p.m. on the night prior to the holiday and ending at 7:00 p.m. on the holiday, holidays shall include New Year's Day, Easter Day, Memorial Day, Independence Day, Labor Day and Thanksgiving Day. Father's holidays shall be New Year's Day, Memorial Day and Labor Day in even numbered years and Easter. Day, Independence Day and Thanksgiving Day in odd numbered years. Mother's holidays shall be Easter Day, Independence Day and Thanksgiving Day in even numbered years and New Year's day, Memorial Day and Labor in odd numbered years. f. Mother shall have the Minor Child on Mother's Day from 7:00 p.m. on the day prior to Mother's Day until 7:00 p.m. on Mother's Day and Father shall have the Minor Child on Father's Day from 7:00 p.m. on the day prior to Father's Day until 7:00 p.m. on Father's Day. g. The Christmas holiday shall be divided into two (2) parts, the first running from 10:00 a.m. on Christmas Eve until 4:00 p.m. on Christmas Day and the second running from 4:00 p.m. on Christmas Day until 7:00 p.m. on December 27. In even numbered years Father shall enjoy the first portion of the holiday and Mother shall enjoy the second portion of the - 2 - ~' S holiday. In odd numbered years the schedule shall be reversed and so on annually thereafter. h. Mother and Father shall each receive three (3) non-consecutive uninterrupted weeks to exercise custody and take vacation with the Minor Child. A week shall run from Sunday evening at 7:00 p.m. until the following Sunday at 7:00 p.m. Each party shall provide the other parent with written notice at least 30 days in advance of the .week they wish to exercise vacation. In the event both parents wish to exercise vacation during the same week, the . parent that made the request first shall have priority. i. 3urisdiction of this custody case shall remain in Lebanon County. 2. Both parties shall communicate with one another regarding all major decisions that . affect the child. Major decisions include, but are not limited to, medical and dental treatment, therapy, litigation (other than custody litigation), education, religious and spiritual matters, extra curricular pursuits andlor activities. 3. Day-to-day decisions of a routine nature shall be made by the parent having physical custody at the time. In the event of an emergency, the party with physical custody of the child has the authority to make decisions regarding the health and welfare of the child. However, any party making emergency decisions shall notify the other parent as soon as practical and shall involve the other parent in any subsequent decisions that have to be made. 4. Neither parent shall engage in a course of conduct designed to alienate the child from the other parent. - 3 - 5. Each parent is to provide the other with their telephone number, cell phone number and/or an email address via which each party can communicate with respect to issues that arise regarding the child. In addition, the parent having physical custody of the child shall not unreasonably withhold telephone and email communication between the child and the non- custodial parent. 6. Transportation to effectuate exchanges of physical custody shall be arranged amicably between the parties with due consideration given to each party's scheduling commitments. As much as practical, .the parties shall divide transportation responsibilities as equally as possible. Failing an agreement, it shall be the responsibility of the person obtaining physical custody to pick up the child for periods of physical custody. 7. In case there is a conflict between the holiday, vacation and weekend or weekday schedules as set forth above, precedence shall first be given to the holiday schedule, then the vacation schedule and then the weekend and weekday schedule, and the parties shall take the same into consideration prior to picking their uninterrupted weeks of summer vacation. 8. During any period of custody or visitation the parties to this Order shall not possess or use any illegal drugs, nor shall they consume alcoholic beverages to the point of intoxication, nor smoke cigarettes inside the residence or vehicle. The parties shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. 9. Neither parent shall permanently relocate if the relocation would necessitate a change - 4 - t, y in the visitation schedule or if the relocation would result in a change of school for the children or exceed a thirty (30) mile radius without a minimum notice of ninety (90) days to the other parent. The ninety (90) day notice is designed to afford the parents an opportunity to renegotiate the custodial arrangements or to have the matter listed for a court hearing. For the child's welfare, neither parent should consider moving far from the other until the child has reached adulthood. 10. This Order shall become a final Order of Court unless either party, within fourteen (14) days of the date of this Order, files a written request for a hearing with the Prothonotary and serves a copy of the same upon counsel for the opposing party and the Conciliator. BY THE COURT, /~® JQ~N C. TYi.VV~~~~ ~~: J. J .}¢~.~. ,.-~ j. c 5 '` , .. THERESA L. FOLLETT, Plaintiff VS. GREGORY C. FOLLETT, Defendant IN THE COURT OF COMMON PLEAS LEBANON COUNTY, PENNSYLVANIA CIVII, ACTION -FAMILY DIVISION No. 2005-20646 IN CUSTODY The above-referenced custody action was commenced by Theresa L. Follett, who filed a Custody Complaint on August 24, 2005. A Custody Conciliation Conference was held on September 13, .2005. Present were Plaintiff and her counsel, Melissa L. Van. Eck, Esquire and Defendant, and his counsel, Don Jones, Esquire. The parties were able to reach an agreement regarding the custody of the Minor Child, which is as substantially as set forth in the proposed Custody Order attached hereto. It being the intent of the parties that the Custody Order be entered as a final Order of Court, the Conciliator respectfully recommends the Court enter the attached Custody Order as a final Order of Court. GERBER, FERRY, & TANNER LAW OFFICES y, Meg . Ryland T er, Esq. LD. #87424 46 East Main Street Palmyra, PA 17078 (717) 838-5411 Custody Conciliator Dated: ,S b~ - 6 - • M II W ~ IN THE COURT OF COMMON PLEAS OF LEBANON COUNTY, PENNSYLVANIA FAMILY LAW DIVISION THERESA L. FOLLETT, Plaintiff, vs. GREGORY C. FOLLETT, Defendant. No. 2005-20646 r o d Action in Custo o ~; z ~ : ~ ~z ~ A o _ ~ o~ J ~ ? ~ k'~ ~ D `~, ~ f ~ rn ~ ~ D rT; ~ MOTIONAND ORDER TO .MAKE RULE AB50LUTE IT this ~Yj day of October 2006 u on consideration of AND NOW, TOW ~ _ ~ P the Petition to Transfer Order of Court filed July 25, 2006 and the Court Order of July 25, 2006, said Petition to Transfer Order and Rule Returnable having been served on the Defendant pursuant to an Affidavit of Service filed August 10, 2006, a copy of which is attached hereto and incorporated herein as Exhibit "A", there being no answer to said Rule Returnable filed within the time set forth therein, and upon Motion of Plaintiff, IT IS HEREBY ORDERED AND DIRECTED THAT the custody matter docketed .in Lebanon County to the above term and number shall be and is hereby transferred to Cumberland County, Commonwealth of nstine & Sparler A~~UW Exhibit "B" ~J 'y Pennsylvania, said transfer to be effective upon execution of this Order. The Court of Common Pleas of Lebanon County relinquishes jurisdiction of this matter. BY THE COURT, J. nstine & $parler A~auW ~~ ~~~ -~ p ~~,~ h ~ ~ e'e y ~e Y'QV a'~~`S ~;~ C~s4~, ~n~e~ed icy t;~~s ALL ~ ed Motif has been G3`~~• 2 ~ ~ ~ N IN THE COURT OF COMMON PLEAS OF LEBANON COUNTY, PENNSYLVANLA FAMILY LAW DIVISION THERESA L. FOLLETT, Plaintiff, No. 2005-20646 vs. : Action in Cusf~"dy ,,,, GREGORY C. FOLLETT, ° n Defendant. A O fYi AFFIDAVIT OF SERVICE BY CERTIFI _ ~ ° _ ~~ ~ ~ D ® ~~ COMMONW)~ALTH OF PENNSYLVANIA ~_, ~ n1 d SS: `~' COUNTY OF YORK Before me, the subscriber, a Notary Public in and for said County and Commonwealth, nstine & $parler Arraa~vsuUw personally appeared Kenneth J. Sparler, Esquire, Counsel for Plaintiff in the above action, who being duly sworn according to law, deposes and says that he served the Petition to Transfer Order of Custody filed July 25, 2006 and the Rule Returnable dated July 25, 2006 in the above matter on Gregory C. Follett, the Defendant, by mailing to him, by certified mai, return receipt requested, a true and correct copy thereof on the 28th day of July, 2006; that attached hereto are the mailing receipt and return receipt therefore; that said return receipt has been signed by Sarah Yost on behalf of the Defendant on July 31, 2006. Sworn and subscribed to before e this day of ~i~d'~-~ , 20(-~ - - .~ ~. ~ Ponape S ~, ~ ~o .~ ~ ~ Postmark' M1 ~rbor~rneirtRequYetA Hero D rro ~~le ~ or PO Bwr No. a 9 ~ ~ ~^~ ~ ~~ ^ Complete items 1, 2, and 3. Also complete ~. item 4 if Restricted Delivery is desired. i~ Print your name artd~ address an the reverse so that we can return the card to you. ^ Attach this card to the back of the mailpiece, or on the front if space permits. i. Article Addressed to: A. - X D Agent O Addrasaee ' B. bI+ (Frio erne) C. Date Delivery D. Is~delivery address differerd from Item 1? Yes If YES, enter delivery addn>ss below: ^ ho ~~~~~ L. I~~~Lt~ ~ ~ lnstine & $parler ArmavE~s~rGw ~~~Y 4S 13~q ~ ertiHed Mail S ~, _ Registered O Insured Mail 4. ResMcted Delive 2. Artlule Number r - _... _. -:. . (lYansfer from servloe label) ~ 7 0 01 19 4 CI 0 0 D 7 ~} 6 51 PS Form 3811, February 2004 Domestic Return Receipt ^ Express Mail O Return Receipt for Merohend(se ^ C.O.D. ry? (Extra Fee) ^ Yes 4438 ~ -~-~ 102595-02-M-1540 ~• •• JHN 03 2007 09 25 FR PHARACY TO 917175337233 P.01i04 • _~ ~~~ ~ ~ '~u~C~ ~~ THERESA L. FOLLETT LN' TIDE COURT OF COMMON PLEAS Op' Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 06-6472 CNIL ACTION LAW GREGORY C. FOLLETT Defendant IN CUSTODY ORDER OF COURT' D NOW this ~ ~ da of 2006 u on AN , Y P consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of the Lebanon County Court of Common Pleas dated SeptemUer 19, 2005 shall continue in effect as modified by this Order. 2. The parties shall have physical custody of the Child in accordance with the following schedule: A. Based upon atwo-week schedule, the Mother, in week one, shall have custody of the Child from Sunday at 7:00 p.m. through Wednesday morning before daycare. The Father shall have custody from Wednesday morning through Thursday morning when the Father shall transport the Child to daycare. The Mother shall have custody of the Child from Thursday morning until Friday morning when the Mother shall transport the Child to daycaze and the Father shall have custody from Friday morning through Sunday evening at 7:00 p.m. B. During week two, the Mother shall have custody of the Child from Sunday at 7:00 p.m. until Wednesday morning when she shall transport the Child to daycare. The Father shall have custody from Wednesday morning until Friday morning when the Father shall transport the Child to daycare and the Mother shall have custody from Friday morning through the following Wednesday morning. ~~~ ~~ ~ 3': ~ The parties shall equally share having custody of the Child on the Child's birthday in each year, with the specific times to be arranged by agreement between the parties. 4. Unless otherwise agreed between the parties, the Child shall be enrolled in the West Shore School District where the Mother resides. ,~ Exhibit "C" J HfV 4'J.J ~'1/J~I ! VJ'~ % ~~ rK F'FiHKHl.7 i u yi~~i~r~ssi~.~.s N. a~iaa 5. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control THE COURT, 3. ,a ~ ~~ F~ A . ~w~Aeneot, ~ ~,~ u E~;p~ ~ ~ o- sai~ ; ~ ~ aet r11y~MO ~ , o ...~~~°. ~~ cc: Kenneth J. Spaxler, Esquire -Counsel for IV.(other Gregory C. Follett -Father JHfV VJJ GvJV_I/ VJ`j~G~ rK F''HHKHI.Y IU 917175337233 P.~3/04 Tl-IERESA L. FOLLETT IN THE COURT OF COMMON PLEAS OF plaintiff' CUMBERLAND COUNTY, PENNSYLVANIA vs. 06-6472 CNIL ACTION LAW GRBC30RY C. FOLLETT . Defendant 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 Child who is the subject of this litigation is as follows: NAM DATE OF BIRTH CURRENTLY IN CUSTODY OF Ashley M. Follett July 1, 2002 Mother/Father 2. A custody conciliation conference. was held on December 14, 2006, with the following individuals in attendance: the Mother, Theresa L. Follett, with her counsel, Kenneth J. Spazler, Esquire. The Father, Gregory C. Follett, did not attend the conference or contact the conciliator. 3. The Mother filed this petition for modification seeking to modify an Order that was previously entered by the Lebanon County Court of Common Pleas on September 19,.2005, which has been registered in Cumberland County. The September 19, 2005 Order entered in Lebanon County requires that the Child attend..tle Palmyra School District where the parties resided at the time. The Mother represented that neither party currently resides in Lebanon County and the Mother desires to enroll the Child in the West Shore School District where she presently lives. The Mother also requests that the Order be modified to reflect the shared custody schedule under which the parties have been operating for the last one and a half yeah and finally that a provision be, added for custody on the Child's birthday. The Mother stated that the Father does not object to any of the foregoing modifications. ~ r~rv bs ~~a~r ey ~ 25 FR PHARACY TO 917175337233 P.04/04 ,.. . • • . ' ' ~ • ~ 4. Based upon the Mother's representations at the conference and the fact that the Father did not attend the conference or contact the conciliator, the conciliator recommends an Order in the form as attached. J~ ~`f, a ooCr Date Dawn S, Sunday, Esquixe Custody Conciliator ** TOTAL PAGE.04 ~* VERIFICATION I Gregory C. Follett, verify that the statements made in the foregoing Custody Complaint and Petition for Reconference are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of i8 Pa.C.S.A. § 49o4~ relating to unsworn falsification to authorities. Date: ~^ 7 v 7 Grego .Follett ~ _ ~ ~~ (''~ . ~~ W ~~' ~ ~~ ~ -, ~r•... ~ _ ..- ;`~ ~? ~ ~ ~ ~ `.,,~ ...~ THERESA L. FOLLETT IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. GREGORY C.FOLLETT DEFENDANT • 06-6472 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, February 20, 2007 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. ,the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, March 21, 2007 at 10:30 AM for aPre-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/ Dawn S. Sunda 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 °~ ~~' ~~~.d~t, u~n,!~~J~~ s ~ ~~ ~~d oz ~~~ cooz ~ Jl~?-~~-~:I~'1L-~ _, APR ~f 200)~V THERESA L. FOLLETT IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 06-6472 CIVIL ACTION LAW GREGORY C. FOLLETT Defendant IN CUSTODY ORDER OF COURT ~` yam. AND NOW, this ~J V • ` day of 2007, upon consideration of the attached Custody Conciliation Repo , it is ordered and directed as follows: 1. All prior Orders in this matter are vacated and replaced with this Order. 2. The Mother, Theresa L. Henry (formerly Follett), and the Father, Gregory C. Follett, shall have shared legal custody of Ashley M. Follett, born July 1, 2002. 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 her health, education and religion. Each parent shall be entitled to have equal access to all records and information pertaining to the Child including, but not limited to, school and medical records and information. In the event of an emergency, the custodial parent shall have the authority to make decisions regarding the health and welfare of the Child. However, the party making emergency decisions shall notify the other parent as soon as possible and shall involve the other parent in any subsequent decisions required by the emergency. 3. The parties shall have physical custody of the Child in accordance with the fallowing biweekly schedule: A. WEEK I: During Week I, the Mother shall have custody of the Child from Friday at 5:00 p.m. through Tuesday at 5:00 p.m., the Father shall have custody from Tuesday at 5:00 p.m. through Thursday at 5:00 p.m., and the Mother shall have custody from Thursday at 5:00 p.m. through Friday at 5:00 p.m. B. WEEK II: During Week II, the Father shall have custody of the Child from Friday at 5:00 p.m. through Sunday at 7:00 p.m., the Mother shall have custody from Sunday at 7:00 p.m. through Wednesday at 5:00 p.m. and the Father shall have custody from Wednesday at 5:00 p.m. through Friday at 5:00 p.m. C. When the exchange time is designated at 5:00 p.m. in this provision, the parent receiving custody shall be entitled to obtain custody of the Child after schooUdaycare if that parent is available prior to 5:00 p.m. ., 4. The parties shall share or alternate having custody of the Child on holidays as follows: A. Christmas: The parties shall continue to alternate having custody of the Child during the overnight periods from Christmas Eve and Christmas Day in accordance with the current alternating schedule. The specific times for exchanges to take place on Christmas Eve and Christmas Day shall be arranged by agreement between the parties. The Father shall have custody of the Child every year on Christmas Eve for the paternal grandmother's Christmas Eve celebration. B. Alternating holidays: In even-numbered years, the Father shall have custody of the Child for New Years, Memorial Day and Labor Day and the Mother shall have custody for Easter, Independence Day and Thanksgiving. In odd-numbered years, the Mother shall have custody of the Child for New Years, Memorial Day and Labor Day and the Father shall have custody for Easter, Independence Day and Thanksgiving. Unless otherwise agreed, the periods of holiday custody under this provision shall run from 7:00 p.m. on the evening prior to the holiday through 7:00 p.m. on the holiday. C. Mother's Day/Father's Day: In every year, the Mother shall have custody of the Child for Mother's Day and the Father shall have custody of the Child for Father's Day from Saturday at 7:00 p.m. through Sunday at 7:00 p.m. D. The holiday custody schedule shall supersede and take precedence over the regular custody schedule and the vacation schedule. 5. Each parent shall be entitled to have custody of the Child for three nonconsecutive uninterrupted weeks each year for vacation, upon providing at least thirty days advance written notice to the other parent. Unless otherwise agreed, each week shall run from Sunday at 7:00 p.m. until the following Sunday at 7:00 p.m. The party who provides notice first shall be entitled to preference on his or her selection of vacation dates. Unless otherwise agreed between the parties, vacation periods of custody under this provision shall not be scheduled to interfere with the other party's period of holiday custody. 6. Each party shall ensure that the other party has his or her current residential telephone number, cell phone number and email address on an ongoing basis to enable the parties to communicate concerning issues involving the Child. 7. The non-custodial parent shall be entitled to have reasonable liberal telephone and email contact with the Child. 8. The parties shall share the responsibility to provide transportation for exchanges of custody of the Child. 9. Neither party shall possess or use illegal drugs, consume alcoholic beverages to the point of intoxication or smoke cigarettes inside the residence or vehicle during periods of custody with the Child. The parties shall ensure that third parties having contact with the Child comply with this provision. 10. Neither parent shall permanently relocate if the relocation would require a change in the custodial schedule, result in a change of school for the Child or exceed a thirty mile radius without a minimum written notice of ninety days to the other parent. The ninety day notice is designed to give the parents an opportunity to negotiate changes to the custodial arrangement or, in the absence of an agreement, to obtain resolution through the legal process. For the Child's welfare, neither parent should consider moving far from the other parent until the Child has reached adulthood. 11. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 12. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BYRE COURT, E. Guido J. cc:~e eth J. Sparler, Esquire -Counsel for Mother onald L. Jones, Esquire -Counsel for Father ~ ~tE~i~~1~nS~`~~~~~ Q~ :~ d SZ ~ld'~ L~O~ t}a~a~--~3~11~ ,~ THERESA L. FOLLETT Plaintiff vs. GREGORY C. FOLLETT Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-6472 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Ashley M. Follett July 1, 2002 Mother/Father 2. A custody conciliation conference was held on April 12, 2007 with the following individuals in attendance: the Mother, Theresa L. Henry, formerly Follett, with her counsel, Kenneth J. Sparler, Esquire, and the Father, Gregory C. Follett, with his counsel, Donald L. Jones, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator