HomeMy WebLinkAbout02-2721MITCHELL LINDSEY
Plaintiff
V
KAREN LINDSEY
Defendant
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
:
:
:CIVIL ACTION - LAW
:CUSTODY ACTION
COMPLAINT FOR CUSTODY
The plaintiffis Mitchell Lindsey, residing at 1351 Zimmerman Road, Carlisle,
Pennsylvania 17013.
The defendant is Karen Lindsey, residing at 211 Fern Avenue, Carlisle, Pennsylvania
17013.
3. Plaintiff seeks custody of the following child:
Name Present Residence D/O/B Age
Cameron Lindsey 211 Fern Avenue 8/25/94 7yrs 9moths
Carlisle, PA 17013
The child was not bom out of wedlock.
The child is presently in the custody ofKaren Lindsey who resides at 211 Fern Avenue,
Carlisle, PA 17013.
During the past five years, the child has resided with the following persons and at the
following addresses:
List All Persons
Karen Lindsey
Mitchell and Karen Lindsey
List All Addresses
211 Fern Avenue Carlisle, PA 17013
1351 Zimmerman Road Carlisle, PA 17013
Dates
Apr. 98-presem
Aug. 94-Apr. 98
The mother of the child is Karen Lindsey, currently residing at 211 Fern Avenue Carlisle,
PA 17013.
She is single.
The father of the child is Mitchell Lindsey, curremly residing at 1351 Zimmerman Road
Carlisle, PA 17013.
He is married.
4. The relationship ofplaintiffto the child is that of Father.
The plaintiffcurremly resides with the following persons.
Name Relationship
Seleena Lindsey Spouse
5. The relationship of defendant to the child is that of Mother.
The defendant currently resides with the following persons.
Name Relationship
Cameron Lindsey Son
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.
Plaintiffhas no information of a custody proceeding concerning the child pending in a
court of this Commonwealth.
Plalntiffdoes not know of a person not a party to the proceedings who has physical
custody of the child and claims to have custody or visitation rights with respect to the
child.
The best interest and permanent welfare of the child will be served by granting the relief
requested.
7. Each parent whose parental rights to the child have not been terminated and the person
who has physical custody of the child 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
child have been given notice of the pendency of this action and the right to intervene:
Name Address Basis of Claim
WHEREFORE, plaintiff requests the court to grant Primary Physical custody of the child.
Date:
Respectfully Submitted,
Mark F. Bayley, Esquire
155 South Hanover Street
Carlisle, PA 17013
(717) 241-6070
Supreme Court ID# 87663
Attorney for Plaintiff
VERIFICATION
I verify that the statements made in this complaint are tree and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to
unsworn falsification to authorities.
Mit~c~!H L~ds c~y,~ p1 ·~
MITCHELL LINDSEY :
PLAINTIFF
V.
: 02-2721
KAREN LINDSEY
DEFENDANT : IN CUSTODY
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
AND NOW, Tuesday, June 11, 2002 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Jaequeline M. Verney, Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, July 09, 2002 at 2:30 PM
for a Pre-Heating 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 aisc 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/ facqueline 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
JUL 1
MITCHELL LINDSEY,
Plaintiff
KAREN LINDSEY,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 2002-2721 CIVIL TERM
:
: CIVIL ACTION - LAW
:
: IN CUSTODY
ORDER OF COURT
AND NOW, this _//_7_~ day of ~.~ ,2002, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as
follows:
1. The Father, Mitchell Lindsey, and the Mother, Karen Lindsey, shall have
shared legal custody of Cameron Lindsey, born August 25, 1994. Each parent shall have
an equal right, to be exemised jointly with the other parent, to make all major non-
emergency decisions affecting the Child's general well-being including, but not limited
to, all decisions regarding his health, education and religion.
2. Mother shall have primary physical custody of the Child.
3. Beginning July 19, 2002, Father shall have the following periods of partial
physical custody of the Child:
II.
During the months that Father has Mondays and Tuesdays off.'
a. During summer vacation: alternating weekends from Friday at 7:00 p.m. to
Tuesday at 7:00 p.m.
b. During summer vacation: on the off week from Sunday at 7:00 p.m. to
Tuesday at 7:00 p.m.
c. During the school year: alternating weekends from Friday at 7:00 p.m. to
Tuesday at 7:00 p.m.
d. During the school year: on the off week Monday and Tuesday evenings
from after school to 8:00 p.m.
During the months that Father has Thursdays and Fridays off:
a. During summer vacation: alternating weekends from Wednesday at 7:00
p.m. to Sunday at 7:00 p.m.
b. During summer vacation: on the off week from Wednesday at 7:00 p.m. to
Friday at 7:00 p.m.
c. During the school year: alternating weekends from Wednesday at 7:00
p.m. to Sunday at 7:00 p.m.
d. During the school year: on the off week, Wednesday and Thursday after
school to 8:00 p.m.
¥tNVAI~$NN3d
LU :8 !,)~ ~ I 'If'IF
......... O-l.~
4. Each party shall be entitled to two (2) non-consecutive weeks during the
year provided they give the other parent 30 days prior notification.
5. If either party remove the Child from the jurisdiction of Cumberland
County, Pennsylvania, they must notify the other parent and provide an address and
telephone number where the Child can be reached.
6. Mother shall have physical custody of the Child on Mother's Day from
9:00 a.m. to 7:00 p.m. Father shall have physical custody of the Child on Father's Day
from 9:00 a.m. to 7:00 p.m.
7. The parties shall alternate the following holidays: Labor Day, Memorial
Day and July 4th from 9:00 a.m. to 9:00 p.m. Father shall have physical custody of the
Child on Labor Day, 2002.
8. The Thanksgiving holiday shall mn from the Wednesday before the
holiday after school to the Friday after the holiday at 7:00 p.m. The parties shall alternate
the Thanksgiving holiday. Father shall have physical custody of the Child in 2002.
9. The Christmas holiday shall be split such that Mother shall always have
physical custody of the Child on Christmas Eve until 10:00 p.m. and Father shall always
have physical custody of the Child from Christmas Eve at 10:00 p.m. to Christmas Day
until 2:00 p.m. The remainder of the Christmas holiday break from school shall revert to
the summer schedule listed in Paragraph 3 above.
10. Transportation shall be shared by the parties such that the receiving party
shall pick up the Child at the other parent's home. There shall beno contact between the
parties at these exchanges. The receiving party shall park at the curb and the other party
shall send the Child out of the house to the car.
11. Neither party shall consume alcohol to the point of intoxication while the
Child is in their physical custody.
12. Both parties shall have liberal telephone contact with the Child.
13. 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 TH~COURT,
cc: Mark F. Bayley, Esquire, Counsel for Father
Thomas Diehl, Esquire, Counsel for Mother/
,tUL ! ! 2002
MITCHELL LINDSEY,
Plaintiff
KAREN LINDSEY,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: 2002-2721 CIVIL TERM
:
: CIVIL ACTION - LAW
:
: IN CUSTODY
PRIOR JUDGE: None
CUSTODY CONCll,IATION 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
Cameron Lindsey
DATE OF BIRTH CURRENTLY IN CUSTODY OF
August 25, 1994 Mother
2. A Conciliation Conference was held in this matter on July 9, 2002, with
the following individuals in attendance: The Father, Mitchell Lindsey, with his counsel,
Mark F. Bayley, Esquire and Mother, Karen Lindsey, with her counsel, Thomas Diehl,
Esquire.
3. The parties agreed to the entry of an Order in the form as attached.
Date
~'acqtl~line M. Vemey, Esquire
Custody Conciliator
MITCHELL LINDSEY,
Plaintiff
KAREN LINDSEY,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 2002-2721 CIVIL TERM
: CIVIL ACTION - LAW
:
: IN CUSTODY
PETITION FOR CONTEMPT
AND NOW, comes Mitchell Lindsey, by and through his attomey, Mark F. Bayley,
Esquire, and in support of this Petition avers as follows:
1. Petitioner has not been allowed to exercise his custodial rights as outlined in the July 22,
2002 Custody Order executed by the Honorable Judge Kevin A. Hess. (Attached as Exhibit
"A".)
2. In particular, Respondent has refused to mm over the child during Mr. Lindsey's periods
of visitation.
3. The Respondent is constantly late at transfers, which often interferes with Mr. Lindsey's
ability to schedule.
4. The Respondent is otherwise resistant to abide by the Order in general, and has no
interest in facilitating Mr. Lindsey's relationship with the child.
5. Petitioner is entitled to attorney fees from Respondent regarding legal expenses incurred
from this Petition.
6. Petitioner is entitled to make up time for days which Respondent refused to follow said
Court Order with regard to visitation.
7. Petitioner is entitled to all other appropriate relief to be determined by the Court.
WHEREFORE, Petitioner requests that this Honorable Court find the Respondent in
contempt of a Court Order and grant all proper and just relief, including attorney fees regarding
this Petition.
Respectfully submitted,
ROMINGER & BAYLEY
Mark F. Bayley, Esquire
155 S. Hmmver Street
Carlisle, PA 17013
(717) 241-6070
Supreme Court I.D. # 87663
Attorney for Petitioner
VERIFICATION
I verify that the statements made in this complaint are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to
unsworn falsification to authorities.
Mit~chell Lindsey, Plaintiff
CERTIFICATE OF SERVICE
I, Mark F. Bayley, Esquire, attorney for Petitioner, do hereby certify that I this day served
a copy of the Petition for Contempt upon the following by depositing same in the United States
Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows:
Karen Lindsey
211 Fern Avenue
Carlisle, PA 17013
Dated:
Mark F. Bayley, Esquire
Attorney for Petitioner
, Ul 1 ] 2002
MITCHELL LINDSEY,
Plaintiff
V.
KAREN LINDSEY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2002-2721 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this II-'~c~' day of ~ ,2002, upon
consideration of the attached Custody Conciliati%n R~'port, it is ordered and directed as
follows:
1. Thc Father, Mitchell Lindsey, and the Mother, Karen Lindscy, shall have
shared legal custody of Cameron Lindsey, bom August 25, 1994. Each parent shall have
an equal right, to be exercised jointly with the other parent, to make all major non-
emergency decisions affecting the Child's general well-being including, but not limited
to, all decisions regarding his health, education and religion.
2. Mother shall have primary physical custody of the Child.
3. Beginning July 19, 2002, Father shall have 'the following periods of partial
physical custody of the Child:
I. During the months that Father has Mondays and Tuesdays off:
a. During summer vacation: alternating weekends from Friday at 7:00 p.m. to
Tuesday at 7:00 p.m.
b. During summer vacation: on the offweek from Sunday at 7:00 p.m. to
Tuesday at 7:00 p.m.
c. During the school year: alternating weekends from Friday at 7:00 p.m. to
Tuesday at 7:00 p.m.
d. During the school year: on the off week Monday and Tuesday evenings
from after school to 8:00 p.m.
II.
During the months that Father has Thursdays and Fridays off:
a. During summer vacation: alternating weekends from Wednesday at 7:00
p.m. to Sunday at 7:00 p.m.
b. During summer vacation: on the offweek ii'om Wednesday at 7:00 p.m. to
Friday at 7:00 p.m.
c. During the school year: alternating weekends from Wednesday at 7:00
p.m. to Sunday at 7:00 p.m.
d. During the school year: on the offweek, Wednesday and Thursday after
school to 8:00 p.m.
4. Each party shall be entitled to two (2) non-consecutive weeks during the
year provided they give the other parent 30 days prior notification.
5. If either party remove the Child from the jurisdiction of Cumberland
County, Pennsylvania, they must notify the other parent and provide an address and
telephone number where the Child can be reached.
6. Mother shall have physical custody of the Child on Mother's Day from
9:00 a.m. to 7:00 p.m. Father shall have physical custody of the Child on Father's Day
from 9:00 a.m. to 7:00 p.m.
7. The parties shall alternate the following holidays: Labor Day, Memorial
Day and July 4th from 9:00 a.m. to 9:00 p.m. Father shall have physical custody of the
Child on Labor Day, 2002.
8. The Thanksgiving holiday shall mn from the Wednesday before the
holiday after school to the Friday after the holiday at 7:00 p.m. The parties shall alternate
the Thanksgiving holiday. Father shall have physical custody of the Child in 2002.
9. The Christmas holiday shall be split such that Mother shall always have
physical custody of the Child on Christmas Eve until 10:00 p.m. and Father shall always
have physical custody of the Child from Christmas Eve at 10:00 p.m. to Christmas Day
until 2:00 p.m. The remainder of the Christmas holiday break from school shall revert to
the summer schedule listed in Paragraph 3 above.
10. Transportation shall be shared by the parties such that the receiving party
shall pick up the Child at the other parent's home. There shall be.no contact between the
parties at these exchanges. The receiving party shall park at the curb and the other party
shall send the Child out of the house to the car.
11. Neither party shall consume alcohol to the point of intoxication while the
Child is in their physical custody.
12. Both parties shall have liberal telephone contact with the Child.
13. This Order is entered pursuant to an agreement of the parties at a Custody
Conciliation Conference. The parties may modify the provisions of this Order by mutual
consent. In the absence of mutual consent, the terms of this Order shall control.
BY THE COURT,
cc: Mark F. Bayley, Esquire, Counsel for Father
Thomas Diehl, Esquire, Counsel for Mother
TRUE COPY FROM RECORD,
In Tes'Hmony whereof, I here unto set my'
and the seal of said Court at Carlisle, Pa.
· /.~L~ _~ oo-.~--~
Th~s "75 ......... d? of .~.
Prothonotary
2002
MITCHELL LINDSEY,
Plaintiff
V.
KAREN LINDSEY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
2002-2721 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
PRIOR JUDGE: None
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
Cameron Lindsey
DATE OF BIRTH
August 25, 1994
CURRENTLY IN CUSTODY OF
Mother
2. A Conciliation Conference was held in this matter on July 9, 2002, with
the following individuals in attendance: The Father, Mitchell Lindsey, with his counsel,
Mark F. Bayley, Esquire and Mother, Karen Lindsey, witla her counsel, Thomas Diehl,
Esquire.
3. The parties agreed to the entry of an Order in the form as attached.
Date
~'acq~line M. Vemey, Esquire
Custody Conciliator
MITCHELL LINDSEY
PLAINTIFF
V.
KAREN LINDSEY
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:
02-2721 CIVIL ACTION LAW
:
: IN CUSTODY
ORDER OF COURT
AND NOW, Tuesday, August 05, 2003 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, Sel~tember 03, 2003 at 3:30 PM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. 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/ facqueline M. Verney, Esq.
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
w/th 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 21:IE 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
MITCHELL LINDSEY,
Plaintiff
V.
KAREN LINDSEY,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 2002-2721 CIVIL TERM
:
: CIVIL ACTION - LAW
:
: IN CUSTODY
ORDER OF COURT
/
AND NOW, this .~' day of J',e,~ ~ ,2003, upon
consideration of the attache~ustody Conciliation Report, it is ordered and directed as
follows:
1. The prior Order of Court dated July 11, 2002 shall remain in full force
and effect with the following additions:
2. Father's Petition for Contempt shall be held in abeyance.
3. In the event that either party intends to be out of the area overnight, they
shall contact the non-custodial parent in a timely manner and offer the time to the non-
custodial parent.
4. The parties shall initiate communication counseling with a counselor
mutually agreed upon by the parties. The Child shall be included in the counseling when
the counselor deems appropriate.
5. Neither parent will do anything nor permit a third party to do anything
which may estrange the Child from the other party, or injure the opinion of the Child as
to the other parent or which may hamper the free and natural development of the Child's
love and respect for the other parent.
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.
BY THE COURT, ~//
cc'~mhael Whare, Esquire, Counsel for Fathe/
t~omas Diehl, Esquire., Counsel for Moth6r
o9
MITCHELL LINDSEY,
Plaintiff
Vt
KAREN LINDSEY,
Defendant
PRIOR JUDGE: None
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
2002-2721 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
.CUSTODY CONCILIATION SUMMARY REPOR
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits thc following
report:
1. The pertinent information concerning the Child who is the subject of this
litigation is as follows:
NAME
Cameron Lindsey
DATE OF BIRTH
August 25, 1994
CURRENTLY IN CUSTODY OF
Mother
2. A Conciliation Conference was held in this matter on September 3, 2003,
with the following individuals in attendance: The Father, Mitchell Lindsey, with his
counsel, Michael Whare, Esquire and Mother, Karen Lindsey, with her counsel, Thomas
Diehl, Esquire.
3. The Honorable Kevin A. Hess entered a prior Order of Court dated July
11, 2002 providing for shared legal custody, with Mother having primary physical
custody and Father having partial physical custody.
4. Father filed a Petition for Contempt claiming that Mother delivered the
child consistently late and refused to turn over the child one weekend. Father agreed to
hold the contempt allegations in abeyance.
Date
The parties agreed to the entry of an Order in the form as attached.
~Jacqff~line M. Verney, EM d3
Custody Conciliator
MITCHELL LINDSEY,
Plaintiff
VS,
KAREN LINDSEY,
Defendant
,N THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2002-2721 CIVIL TERM
IN CUSTODY
PETITION TO MODIFY
AND NOW comes the above-named Plaintiff, by his attorney, Samuel L. Andes, and
petitions the court to modify its prior order of custody in this matter, entered on 11 July
2002, based upon the following:
1. The Petitioner herein is the Plaintiff, Mitchell L. indsey, who resides at 1351
Zimmerman Road in Carlisle, Pennsylvania 17013.
2. The Respondent herein is the Defendant, Karen Lindsey, who resides at 211
Fern Avenue in Carlisle, Pennsylvania 17013 and who is, to Plaintiff's knowledge,
represented by Thomas Diehl, Esquire.
3. The parties are the parents of one minor child, Cameron M. Lindsey, born 25!
August 1994.
4. The child is the subject of a prior order of this court, dated 11 July 2002, a
copy of which is attached hereto and marked as Exhibit A. That order was entered
following a conciliation conference before Jacqueline M. Verney, Esquire.
5. Since the entry of the last order, circumstances regarding the child have
changed which make a modification of the order appropriate and beneficial. The child is
older, the Plaintiff's has changed so that he is in a better position to care for the child
while in his custody, and the mother's situation has deteriorated. Moreover, mother's
conduct in criticizing father and his home and family, is estranging the child from the
father and disrupting the father's relationship with the child. As a result of these
changes, Plaintiff seeks a modification of the order to grant him shared legal custody,
both legal and physical, of the child.
6. Plaintiff also believes that the parties, the child, and the court will benefit from a
psychological evaluation of all of the parties and the members of their household. Plaintiff
believes the court should have that information to make an informed decision on this
Petition.
7. The best interest of the child will be served by an order granting the relief
requested by Plaintiff in this Petition.
WHEREFORE, Plaintiff prays this court to order the parties and the members of their
household to submit to a psychological or custody evaluation and to modify the terms of
its prior order to grant both parents equal shared physical and legal custody of the child.
SamUel I-. ~,nd~'~
Attorney for Plaintiff
Supreme Court ID # 17225
525 North 1 2th Street
Lemoyne, Pa 17043
(717) 761-5361
I verify that the statements made in this Petition are true and correct. I understand
that any false statements in this Petition are subject to the penalties of 18 Pa. C.S. 4904
(unsworn falsification to authorities).
Date:
MI~CH~:LL LINDSEY /
MITCHELL LINDSEY,
Plaintiff
V.
KAREN LINDSEY,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 2002-2721 CIVIL TERM
:
: CIVIL ACTION - LAW
: IN CUSTODY
ORDER OFCOURT
AND NOW, this I1 ;l~ day of ~rv~C.-
consideration of the attached Custody Conciliation Report,
tbllows:
· 2002, upon
it is ordered and directed as
1. The Father, Mitchell Lindsey, and the Mother, Karen Lindsey, shall have
shared legal custody of Cameron Lindsey, bom August 25, 1994. Each parent shall have
an equal right, to be exercised jointly with the other parent, to make all major non-
emergency decisions affecting the Child's general well-being including, but not limited
to, all decisions regarding his health, education and religion.
2. Mother shall have primary physical custody of the Child.
3. Beginning July 19· 2002, Father shall have the following periods of partial
physical custody of the Child:
I. During the months that Father has Mondays and Tuesdays off:
a. During summer vacation: alternating weekends from Friday at 7:00 p.m. to
Tuesday at 7:00 p.m.
b. During summer vacation: on the offweek from Sunday at 7:00 p.m. to
Tuesday at 7:00 p.m.
c. During the school year: alternating weekends from Friday at 7:00 p.m. to
Tuesday at 7:00 p.m.
d. During the school year: on the off week Monday and Tuesday evenings
from after school to 8:00 p.m.
II. During the months that Father has Thursdays and Fridays off.'
a. During summer vacation: alternating weekends from Wednesday at 7:00
p.m. to Sunday at 7:00 p.m.
"~ b. During summer vacation: on the offweek frmn Wednesday at 7:00 p.m. to
Friday at 7:00 p.m.
c. During the school year: alternating weekends from Wednesday at 7:00
p.m. to Sunday at 7:00 p.m.
d. During the school year: on the offweek, Wednesday and Thursday after
school to 8:00 p.m.
4. Each party shall be entitled to two (2) non-consecutive weeks during the
year provided they give the other parent 30 days prior notification.
5. If either party remove the Child from the jurisdiction of Cumberland
County, Pennsy vania they nmst notify the other parent and provide an address and
telephone number where the Child can be reached.
6. Mother shall have physical custody of the Child on Mother's Day from
9:00 a.m. to 7:00 p.m. Father shall have physical custody of the Child on Father's Day
from 9:00 a.m. to 7:00 p.m.
7. Tile parties shall alternate the following holidays: Labor Day, Memorial
Day and July 4th from 9:00 a.m. to 9:00 p.m. Father shall have physical custody of the
Child on Labor Day, 2002.
8. 'fhe Thanksgiving holiday shall run from the Wednesday before the
holiday after school to the Friday after the holiday at 7:00 p.m. The parties shall alternate
the Thanksgiving holiday. Father shall have physical custody of the Child in 2002.
9. The Christmas holiday shall be split such that Mother shall always have
physical custody of the Child on Christmas Eve until l 0:00 p.m. and Father shall always
have physical custody of the Child from Christmas Eve at 10:00 p.m. to Christmas Day
until 2:00 p.m. The remainder of the Christmas holiday break from school shall revert to
the summer schedule listed in Paragraph 3 above.
I 0. Transportation shall be shared by the parties such that the receiving party
shall pick up the Child at the other parent's home. There shall be.no contact between the
parties at these exchanges. The receiving party shall park at the curb and the other party
shall send the Child out of the house to the car.
1 I. Neither party shall consume alcohol to the point of intoxication while the
Child is in their physical custody.
12. Both parties shall have liberal telephone contact with the Child.
13. This Order is entered pursuant to an agreement of the parties at a Custody
Conciliation Conference. The parties may modify the provisions of this Order by mutual
consent. In the absence of mutual consent, the terms of this Order shall control.
BY THE COURT,
cc: Mark F. Bayley, Esquire, Counsel for Father
Thomas Diehl, Esquire, Counsel for Mother
cz.
J.
TRUE COPY FROM RECORD
In Testimony whereof, I here unto set mt' h~n~
j
~nd the seal of said Court at Carlisle, Pa. · !
Jh,s ............
~ ~ ............... ~ ....... ~ .......... ~ .......
Pr t onbt
2002
MITCHELL LINDSEY,
Plaintiff
V.
KAREN LINDSEY,
Defend:mt
PRIOR JUDGE: None
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: 2002-2721 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:
I. The pertinent information conceming the Child who is the subject of this
litigation is as follows:
NAME
Cameron Lindsey
DATE OF BIRTH
August 25, 1994
CURRENTLY IN CUSTODY OF
Mother
2. A Conciliation Conference was held in this matter on July 9, 2002, with
the following individuals in attendance: The Father, Mitchell Lindsey, with his counsel,
Mark F. Bayley, Esquire and Mother, Karen Lindsey, with her counsel, Thomas Diehl,
Esquire.
3. The parties agreed to the entry of an Order in the form as attached.
q-Il
Date
remey, E~squi~re
Custody Conciliator
MITCHELL LINDSEY
PLAINTIFF
V.
KAREN L1NDSEY
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:
02-2721 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Thursday, October 16, 2003 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the concili
at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, November 18, 2003 at 8:30
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute;
if this cannot be accomplished, to de£me and narrow the issues to be heard by the court, and to enter into a temporal
order. All children age five or older may also be present at the conference. Failure to ap~oear at the conference ma
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 hearinl/.
FOR THE COURT,
ttor,
M
)r
By: /s/ Jacqueline M. Verney, Esq.
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the American
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 schedule{]
conference or hear/ng. /
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 Stree~l
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
MITCHELL LINDSEY,
Plaintiff
KAREN LINDSEY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 02-2721 CIVIL TERM
IN CUSTODY
TO THE PROTHONOTARY:
PRAECIPE
WITHDRAWAL OF APPEARANCE
Please withdraw my appearance on behalf of the Plaintiff in the above-captioned matter.
Date:
Respe~ct.J~_~l_~ submitted,
Th~m~s S. Diehl, EsquireXx.._
-l'West High Street
P.O. Box 1290
Carlisle, PA 17013
ENTRY OF APPEARANCE
Please enter my appearance on behalf of the Plaintiff in the above-captioned matter.
Respectfully submitted,
Date:
GRIFF1E & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
MITCHELL LINDSEY,
Defendant/Respondent
VS.
KAREN LINDSEY,
Plaintiff/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
02-2721 CIVII., ACTION - LAW
1N CUSTODY
PETITION FOR MODIFICATION OF CUSTODY
AND NOW, comes the above-named Plaintiff, Karen Lindsey, by and through his
attorney, Brian C. Bornman, Esquire, and the law firm of Griffie & Associates and petitions the
Court as follows:
1. Your Petitioner is the above-named Plaintiff, Karen Lindsey, an adult individual
currently residing at 211 Fern Avenue, Carlisle, Cmnberland County, Pennsylvania.
2. Your Respondent is the above-named Defendant, Mitchell Lindsey, an adult
individual currently residing at 1351 Zimmerman Road, Carlisle, Cumberland
County, Pennsylvania.
3. The parties are the natural parents of one child, namely, Cameron M. Lindsey, bom
August 25, 1994.
4. The parties are subject to an Order of Court which ,vas entered by agreement on July
11, 2002, a copy of which is attached hereto and incorporated herein by reference as
Exhibit "A."
5. Since the entry of the aforementioned Order, Respondent has failed to utilize the
periods of time during which he has the child in his .custody and has instead chosen to
place the child in the care of other providers. Further, the child has expressed a desire
to spend less time with Respondent.
6. Petitioner believes and, therefore, avers that the above-mentioned child would benefit
from spending less time with Respondent.
7. Respondent had previously filed a Petition for Modification of Custody in this matter.
A conciliation in this matter is presently scheduled before Jacqueline M. Verney,
Conciliator, on January 20, 2004, at 9:30 a.m.
WHEREFORE, Petitioner requests your Honorable Court to schedule this Petition for
Modification to be heard concurrently with the conciliation in this matter, which is scheduled for
January 20, 2004, at 9:30 a.m. and to enter an Order reducing the amount of time that the child is
required to spend with Respondent.
Respectfully submitted,
Date
Brian C. Bornman, Esquire
Attorney for Defendant/Petitioner
Supreme Court ID # 89105
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717) 243<5551
(800) 347-:5552
VERIFICATION
I verify that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section
4904, relating to unsworu falsifications to authorities.
MITCHELL LINDSEY,
Plaintiff
V.
KAREN LINDSEY,
Defendant
: 1N THE COURT OF COMMON PLEAS OF
· ' CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2002-2721 CIVIL TERM
: CIVIL ACTION - LAW
: IN CUSTODY
ORDER OF COURT
A
AND NOW. this II;O~ dayof
cons~dcratmn of the attached Custody Concflmtion Report,
tbllows:
,2002, upon
it is ordered and directed as
1. The Father, Mitchell Lindsey, and the Mother, Karen Lindsey, shall have
shared legal cnstody of Cmneron Lindsey, bom Aogust 25, 1994. Each parent shall have
an equal right, to be exercised jointly with the other parent, 'to make all major non-
emergency decisions affecting the Child's general well-being including, but not limited
to, all decisions regarding his health, education and religion..
2. Mother shall have prirnary physical custody of the Child.
3. Beginning July 19, 2002, Father shall have the following periods of partial
physical custody of the Child:
I. During the months that Father has Mondays and Tuesdays off:
a. During summer vacation: alternating weekends from Friday at 7:00 p.m. to
Tuesday at 7:00 p.m.
b. During summer vacation: on the offweek from Sunday at 7:00 p.m. to
~' Tuesday at 7:00 p.m.
c. During the school year: alternating weekends from Friday at 7:00 p.m. to
Tuesday at 7:00 p.m.
d. During the school year: on the off week Monday and Tuesday evenings
from after school to 8:00 p.m.
II.
During the months that Father has Thursdays and Fridays off:
During summer vacation: alternating weekends from Wednesday at 7:00
p.m. to Snnday at 7:00 p.m.
During summer vacation: on the off week from Wednesday at 7:00 p.m. to
Friday at 7:00 p.m.
During the school year: alternating weekends from Wednesday at 7:00
p.m. to Sunday at 7:00 p.m.
During the school year: on the off week, Wednesday and Thursday after
school to 8:00 p.m.
4. Each party shall be entitled to two (2) non-consecutive weeks during the
year provided they give the other parent 30 days prior notitlcatlon.
5. If either party remove the Child from the jurisdiction of Cumberland
County, Pennsylvania, they must notify the other parent and provide an address and
telephone number where the Child can be reached.
6. Mother shall have physical custody of the Child on Mother's Day from
9:00 a.m. to 7:00 p.m. Father shall have physical custody of the Child on Father's Day
from 9:00 a.m. to 7:00 p.m.
7. The parties shall alternate the following holidays: Labor Day, Memorial
Da.',, and July 4 tro n 9 00 a.m. to 9:00 p.m. Father shall have physical custody of the
Clfild on Labor Day, 2002.
8. The Thanksgiving holiday shall run from the Wednesday before the
holiday after school to the Friday after the holiday at 7:00 p.m. The parties shall alternate
the Thanksgiving holiday. Father shall have physical custody of the Child in 2002.
9. The Christmas holiday shall be split such that Mother shall always have
physical custody of the Child on Christmas Eve until 10:00 p~m. and Father shall always
have physical custody of the Child from Christmas Eve at 10:00 p.m. to Christmas Day
until 2:00 p.m. The remainder of the Christmas holiday bre. ak from school shall revert to
the summer schedule listed in Paragraph 3 above.
10. Transportation shall be shared by the parties such that the r~ceiving party
shall pick up the Child at the other parent's home. There shall be.no contact between the
parties at these exchanges. The receiving party shall park at the curb and the other party
shall send the Child ont of the house to the car.
1 I. Neither party shall consume alcohol to the point of intoxication while the
Child is in their physical custody.
12. Both pm'ties shall have liberal telephone corttact with the Child.
13. This Order is entered pursuant to an agreement of the parties at a Custody
Conciliation Conference. The parties may modify the provisions of this Order by mutual
consent. In the absence of mutual consent, the terms of this Order shall control.
BY THE COURT,
cc: Mark F. Bayley, Esquire, Counsel for Father
Thomas Diehl, Esquire, Counsel for Mother
TRUE COPY FROM RECORD
In Testimony whereof, I here unto set my
and the seal of said Court at Carlisle, Pa.
Ihs Iz/'t~'2' day nf ~,,-~-~
r "l ..................................... 5"~"F'"' .......
Prothonotary
MITCHELL LINDSEY,
Plaintiff
V.
KAREN L1NDSEY,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
_.
: 2002-2721 CIVIL TERM
:
: CIVIL ACTION - ]LAW
:
: IN CUSTODY
PRIOR JUDGE: None
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 folloxvs:
NAME
Cameron Lindsey
DATE OF BIRTH
August 25 1994
CURKENTLY IN CUSTODY OF
Mother
2. A Conciliation Conference was held in this matter on July 9, 2002, with
the following individuals in attendance: The Father, Mitchell Lindsey, with his counsel,
Mark F. Bayley, Esquire and Mother, Karen Lindsey, with ]her counsel, Thomas Diehl,
Esquire.
3. The parties agreed to the entry of an Order in the form as attached.
Date
~acqtmline M. em y, q
Custody Conc:.iliator
MITCHELL LINDSEY
PLAINTIFF
V.
KAREN LINDSEY
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:
02-2721 CIVIL ACTION LAW
:
: IN CUSTODY
ORDER OF COURT
AND NOW, Thursday, January 08, 2004 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before J_a_cqueline M. Verney, Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, January 20, 2004 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 lyresent 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 Concflmto
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 TttE OFFICE SET
FORTH BELOW TO F1ND OUT WHERE YOU CAN GET LEGAL ttELP.
Cmnberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
~OW~O-C!3q!.4
MITCHELL LINDSEY,
Plaintiff
V.
KAREN LINDSEY,
Defendant
JAN~ 200
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 2002-2721 CIVIL TERM
:
: CIVIL ACTION - LAW
:
: IN CUSTODY
ORDER OF COURT
AND NOW, this :Z'~'4 da" -~
---. .~t,,
consideration of the attached Custody Concilia~ign ~epdrt,
follows:
,2004, upon
it is ordered and directed as
1. The prior Order of Court dated July 11, 2002 shall remain in full force
and effect with the following modifications and additions:
2. Paragraph 3 II (which is effective during the months that Father is off
from work on Thursdays and Fridays) shall be replaced in its entirety with the following:
A. Beginning Wednesday, January 21, 2004 Father shall have periods of
partial physical custody of the child on week one from Wednesday after
school to Friday at 8:00 p.m. and on week two beginning January 28,
2004, from Wednesday after school to Sunday at 8:00 p.m. Said weeks
shall alternate thereafter.
3. The parties shall initiate as soon as feasible and cooperate with co-
parenting counseling with Paul Hardick of PA Counseling Service or anyone else with
whom the parties mutually agree.
4. This Order is entered pursuant to an agreement of the parties at a Custody
Conciliation Conference. The parties may modify the provisions of this Order by mutual
consent. In the absence of mutual consent, the terms of this Order shall control. Another
Conciliation Conference is scheduled for April 22, 2004 at 9:30 a.m.
BY THE COURT,
ccvS/'amuel Andes, Esquire, Counsel for Father / ' ,C\
~ian Bo~, Esquire, Co~sel for Mother ~ ~~
MITCHELL LINDSEY,
Plaintiff
KAREN LINDSEY,
Defendant
PR/OR JUDGE: Kevin A. Hess, J.
JAN 2 2 ZOO4
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: 2002-2721 CIVIL TERM
:
: CIVIL ACTION - LAW
: IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPOR,
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
Cameron Lindsey
DATE OF BIRTH
August 25, 1994
CURRENTLY 1N CUSTODY OF
Mother
2. A Conciliation Conference was held in this matter on January 20, 2004,
with the following individuals in attendance: The Father, Mitchell Lindsey, with his
counsel, Samuel Andes, Esquire and Mother, Karen Lindsey, with her counsel, Brian
Bornman, Esquire.
3. The Honorable Kevin A. Hess entered a prior Order of Court dated July
11, 2002 providing for shared legal custody, with Mother having primary physical
custody and Father having partial physical custody.
4. Both parties filed Petitions for Modification.
5. The parties agreed to the entry of an Order in the form as attached.
Date
~d~/cqt/~.line M. Vemey, Esquire
Uustody Conciliator
MITCHELL LINDSEY,
Plaintiff
V.
KAREN LINDSEY,
Defendant
APR 2 3 2004
: IN THE COURT O]? COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
:
: NO. 2002-2721 CIN'IL TERM
:
: IN CUSTODY
ORDER OF COURT
AND NOW, this c~C~/day of ..~.~.~t~--~
consideration of the attached Custody Conciliation Report,
follows:
,2004, upon
it is ordered and directed as
1 A Hearing is schedpled in Com2t Room No. q , of the Cumberland
County ~ourt House, on the ~ day of ~_.~.~~, 2004, at__~: ~ O
o'clock, 24 - M., at which time testimony will be t~ken. For purposes of this Heating,
the Father shall be deemed to be the moving party and shall proceed initially with
testimony. Counsel for each party shall file with the Court and opposing counsel a
Memorandum setting forth each party's position on custody, a list of witnesses who will
be expected to testify at the Hearing and a summary of the anticipated testimony of each
witness. These Memoranda shall be filed at least ten days prior to the Hearing date.
2. Pending further Order of Court or agreement of the parties, the prior
Orders of Court dated July 11, 2002 and January 23, 2004 shall remain in full force and
effect.
3. The parties may modify this Order by mutual agreement. In the absence
of mutual consent, the terms of this Order shall control.
BY THE COURT,
MITCHELL LINDSEY,
Plaintiff
V.
KAREN LINDSEY,
Defendant
: IN THE COURT O]F COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
:
: NO. 2002-2721 CI'*qL TERM
:
: IN CUSTODY
PRIOR JUDGE: Kevin A. Hess, J.
CUSTODY CONCHiIATION 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
Cameron Lindsey
DATE OF BIRTH
August 25, 1994
CURRENTLY IN CUSTODY OF
Mother
2. A Conciliation Conference was held April 22, 2004 with the following
individuals in attendance: The Father, Mitchell Lindsey, with his cotmsel, Samuel Andes,
Esquire, and the Mother, Karen Lindsey, with her counsel, Brian Bornman, Esquire.
3. The Honorable Kevin A. Hess entered Orders of Court dated July 11, 2002
and January 23, 2004, (which modified the prior Order of Court.) Said Orders of Court
provide for shared legal custody, with Mother having eight (8) overnights in a fourteen-
day period and Father having six (6) overnights in a fourte~m-day period.
4. Father's position on custody is as follows: Father is satisfied with the
current Orders of Court. He maintains that the Child is doing well under the current
custodial arrangement. He maintains that the Child's grades have gone up in some
classes and down in some, but that he is still an A/B student. Co-parenting counseling
was ordered in January, 2004 and Father believes it is going well. Mother raises issues
concerning Father taking appropriate care of the Child citing a broken moth and illness
that Father did not attend to. Father asserts that he has tak{m proper care of the Child and
alleges he had no knowledge of the broken moth and now accuses Mother of not advising
him of the broken moth.
5. Mother's position on custody is as follows: IVlother seeks shared legal
custody and primary physical custody with Father having allemating weekends. She
believes that the multiple transfers between parents has disntpted the Child's education,
causing his grades to drop. She further alleges that Father did not adequately care for the
Child during a recent illness, not did he respond adequately to the Child's broken tooth.
6. The Conciliator recommends an Order in the form as attached scheduling
a Hearing and continuing the prior Order of Courts. It is expected that the Hearing will
require one day.
Date
~cqudi~e M. Vemey, Esquire
Custody Conciliator
MITCHELL LINDSEY,
Plaintiff
KAREN [LINDSEY] HOUK,
Defendant
: 1N THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
:
: NO. 02-2721 CIVIL TERM
: 1N CUSTODY
PRAECIPE
TO THE PROTHONOTARY:
Please make note that the above captioned action shall[ be changed to reflect Defendant,
Karen Lindsey's, name change of Karen Houk.
Date:
Respectfully subraitted,
Attorney for Defendant
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
MITCHELL LINDSEY,
Plaintiff
VS.
KAREN [LINDSEY] HOUK,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND ,COUNTY, PENNSYLVANIA
CIVIL ACTION .. LAW
NO. 02-2721 CIVIL TERM
IN CUSTODY
ORDER OF COURT
AND NOW this g' day of ~.s
and Agreement is hereby made an Order of Court.
,2004, the attached Custody Stipulation
BY THE COURT,
CCi
Brian C. Bomman, Esquire
Attorney for Defendant
',.,..8'amuel L. Andes, Esquire
Attorney for Plaintiff