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Home My WebLink About01-4272 AS OF /J, - ~8-()~ CASE# D/- 4d.7~ HAS BEEN SCANNED. A LEARL R FILIN 0 THIS CASE A E BEEN ~ M ROFIL ED. ~. STACY B. WOLF, ESQUIRE ATTORNEY In NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF MICHAEL]. FRANZ, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW DAWN M. POGUE, Defendant : NO. 2001- 4272 CIVIL TERM : IN CUSTODY PETITION FOR MODIFICATION AND NOW comes the plaintiff, Michael]. Franz, by his attorney, Stacy B. Wolf, Esquire, and presents the following complaint for custody, representing as follows: 1. The plaintiff/petitioner is MichaelJ. Franz, an adult individual with a mailing address of P.o. Box 1995, Prince Frederick, Maryland, 20678. 2. The plaintiff/respondent is Dawn M Pogue, an adult individual residing at 453 North Pitt Street, Carlisle, Gnnberland County, Pennsylvania, 17013. 3. The parties are the natural parents of two minor children, namely: Name Present Residence Age Hannah Jacoby Franz 453 North Pitt Street 8 years Carlisle, PA 17013 Summer Meadows Franz same 6 years 4. The children are presently the subject of an Order for Custody issued July 17,2001, adopting a Child Custody Stipulation and Agreement of the parties providing for primary physical custody of the children with Father and periods of temporary physical custody of the children with ~ . Mother by agreement of the parties. A true and correct copy of the order of which modification is sought is attached hereto as Exhibit A 5. Pursuant to the July 17,2001 Order, neither party shall move his or her residence from Ounberland County, Pennsylvania, without first giving sixty (60) days notice to the other party; either party may petition the Court of Common Pleas of Cumberland County, Pennsylvania for modification of custody. 6. The children resided in Father's primary custody from July, 2001 until May, 2002 when Father was incarcerated. 7. By agreement of the parties, Mother was the children's custodian during Father's incarceration. 8. In March, 2006, Father was released from prison and now resides in Prince Frederick, Maryland. 9. Father seeks a modification of custody to confinn primary physical custody of the children with him and to allow him to move the children to Prince Frederick, Maryland. 10. It is Father's understanding that Cumberland County Children and Youth Services is currently investigating Mother's household and the care she is providing for the children, and has recommended counseling for the children. 11. Father has concerns about the welfare of his children because Mother has been abusing her prescription medications, attempted suicide in late November, 2006, and never sought medical treatment or hospitalization following this incident. 12. Father is concerned because Mother's residence has no heat, Mother has no transportation, and Mother will likely be evicted in the summer of 2007 due to having no income to pay her rent. 13. Father has a steady income, a suitable home for the children in Prince Frederick, Maryland, has already spoken to the school about registering the children, and has already spoken to a counselor . . about providing counseling to his children in accordance with the recommendation of Cumberland County Children and Youth Services. 14. Pather avers that the basis for his actions concerning his children is solely motivated by his concern for the children's best interests and permanent welfare. 15. Pather believes and therefore avers that it would be in the best interests of the children for the Court to issue an order confinning shared legal custody of the children to the parties, continuing primary physical custody of the children with Father, granting Father the ability to reside with the children in Prince Frederick, Maryland, granting periods of supervised visitation to Mother, and confirming shared custody of the children on holidays. 16. Father believes and therefore avers that the best interests and permanent welfare of the children would be best served by the entry of an order as aforesaid. WHEREFORE, plaintiff, Michael J. Franz, prays this Honorable Court enter an Order granting the relief requested herein granting the parties shared legal custody, and for physical custody of the child to be set forth herein, and any other relief the Court deems appropriate. Dated: December ~ 1, 2006 Stacy B. W , Esquire 10 West High Street Carlisle, PA 17013 Supreme Court LD. No. 88732 (717) 241-4436 Attorney for Plaintiff O?/08/1gg4 23:1g 888-577-2278 ACCEPT PAGE 02 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA MICHAEL 1. FRJ\NZ, Petitioner v. CIVIL ACTION - LAW NO. 2001- 4.J. 7:.l-- C-<.-v-:..i ILL'~ DAWNM. POGUE, Respondent IN CUSTODY ORDER OF COURT AND NOW, this 17~ day of--h- ,200]. pursuant to a Stipulation and Custody Agreement reached by the parties IT IS HEREBY Ordered and Directed as follows: L FATHER and MOTHER shall share legal cllstody of their minor children, HANNAH JACOBY FRANZ and SUM1\1ER MEADOV';S FRANZ, and pursuant to this grant of shared legal custody, each parent shall ha\'e equal access to aJ I pertinent infonnation and reports that may be generated by medical. educationaL psychological and other professionals who may work with their child. Each parent shall discu.ss major decisions effecting the children's well being in the areas of medical, educational, emotional, spiritual, social. and material needs with the opposite parent. 2. F A TIlER shall have primary physical custody of HANNAI-I and SUMMER. 3. Except as provided her(~inbelow, MOTHER shall have partial custody ~:\V..rPoWOlll'l,.. o..a~I''';:2I-HOO< I."l"l 8<Hl6ITA O~/08!1994 23:19 888-577-2278 ACCEPT of the children as can agreed. 4. Custody during Holidays shall be shared equally. 5. The parties shall each have a reasonable period of time with the children on their birthdays and on the children's birthday to celebrate these events. 6. Neither Party shall move his or her residence from Cumberland County~ Pennsylvania, without first giving sixty (60) days' notice to the other Party. At that time, either Party can petition the Court of Common Pleas of Cumberland County, Pennsylvania for moditkation of custody, if necessary. 7. Neither party shall doanyihing which may estrange the children horn the other parent, or injure the opinion of the children as to the other parent or \vhich may hamper the free and natural development of the children's love or respect for the other parent. J. .,. t .. 1... JI -.- "'I: r _. t. '-- _,__ T.... A 4+........._ ,...,......... ~ ,\)- r~~' ~s \.../ f\ .1'1,0 I for ~tition~r Dawn M. Pogue, Respondent, Pro Se P'IU_'........ ~OOII11U.l_.I...,.. 2 PAGE 03 VERIFICATION I, the defendant in the above-referenced action, do hereby verify that the facts set forth in this petition are true and correct to the best of my information and belief. I rmderstand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. December -d-L, 2006 ~J~ MichaelJ.Fra J ~. " . STACY B. WOLF, ESQUIRE ATTORNEY In NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF MICHAEL]. FRANZ, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW DAWN M. POGUE, Defendant : NO. 2001- 4272 CIVIL TERM : IN CUSTODY CERTIFICATE OF SERVICE I, the undersigned, hereby certify that I served a copy of the foregoing Petition for Modification on the following party on this date and in the manner indicated. SERVICE BY FIRST aASS MAIL: Dawn M. Pogue 453 North Pitt Street Carlisle, PA 17013 Date: December 1J-, 2006 ~ l- 7'} -- ~ \'" ~ ...t\ ~ -- Oq -C: ~ .(IJ. V( \) C> C) -u r- =.t? -r-- ~ MICHAEL J. FRANZ PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 01-4272 CIVIL ACTION LAW DAWN M. POGUE DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, January 02, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on. Thursday, January 25, 2007 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot bc 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 penn anent 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 hearinf!. FOR THE COURT, By: Is/ ac ueline M. Veme 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 infonnation 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 A TTORNEY AT ONCE. IF YOU DO NOT HA VE 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 .~~fp~~~ (0['1': -h 1 ~ ~ t.O.E'.~ k p-? ~ ~.1'P9 LOr:-e VlNVAlASNN3d AlNfIOD (1~.l'rH:B8V1no LO :C Wd c- NVr tOOl AtN10NOH10Od 3Hl:ID 308:0-0311:1 JAM 262007 ~ '7 MICHAEL J. FRANZ, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : NO. 2001-4272 CIVIL ACTION - LAW DAWN M. POGUE, Defendant IN CUSTODY ORDER OF COURT ANDNOW,thiSLdaYO[ f~ ,2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated July 17,2001 is hereby vacated. 2. The Father, Michael 1. Franz and the Mother, Dawn M. Pogue, shall have shared legal custody of Hannah Jacoby Franz, born September 29, 1998 and Summer Meadows Franz, born August 10,2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of23 Pa.C.S. ~5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to- school nights, and the like. Father has the right to relocate the children to Prince Frederick, Maryland. 3. Father shall have primary physical custody of the children. 4. Mother shall be entitled to periods of partial physical custody as follows: .... A. Beginning the first weekend in March, 2007 alternating weekends from Friday at 8:00 p.m. to Sunday between 3:00 and 4:00 p.m. For the month of March Father shall do all of the transporting. B. If mother is without transportation, then beginning in April, 2007, and continuing thereafter until Mother obtains transportation, Father will only be obligated to transport the children one weekend per month, said weekend to be agreed to by the parties. C. If Mother has transportation, her alternating weekends shall continue and the parties shall exchange custody at the McDonalds at the Shrewsbury exit of 1-83 or such other location as the parties agree. D. Such other times as the parties agree. 5. Holidays shall be shared equally as agreed by the parties. 6. Mother shall have physical custody of the children for Mother's Day weekend. Father shall have physical custody of the children for Father's Day weekend. 7. The parties shall have time with the children on their birthdays as agreed. 8. Both parties shall have reasonable telephone contact with the children. 9. 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 Edward E. Guido, J. cc: Stacy B. Wolf, Esquire, Counsel for Father Charla Corwin, certified legal intern; Thomas Place, Esquire, Family Law Clinic, Counsel for Mother ~ ~ .2.0/- 0 '7 ~ I 0 :01 I ,Pi I - 833 LDOl AtNIONC:- UJJUd 3Hl :JO ~l81J:jC)..CI].1~:J .. MICHAEL J. FRANZ, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : NO. 2001-4272 CIVIL ACTION - LAW DAWN M. POGUE, Defendant : IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Hannah Jacoby Franz Summer Meadows Franz September 29, 1998 August 10, 2000 Mother Mother 2. A Conciliation Conference was held in this matter on January 25, 2007, with the following in attendance: The Father, Michael J. Franz, with his counsel, Stacy B. Wolf, Esquire, and the Mother, Dawn M. Pogue, with her counsel, Charla Corwin, certified legal intern and Thomas Place, Esquire, Family Law Clinic. 3. A prior Order of Court was entered by the Honorable Edward E. Guido dated July 17,2001 providing for shared legal custody, Father having primary physical custody and Mother having partial physical custody as agreed. Subsequent to that Order, Father was incarcerated and by agreement of the parties Mother assumed primary physical custody. 4. The parties agreed to an Order in the form as attached. / - ~ (p -0 1 Date if~ A, V~ cqu . eM. Verney, Esquire Custody Conciliator