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HomeMy WebLinkAbout01-5528Randy L. Cousins, Plaintiff Vs. Susan L. Cousins, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, OF PENNSYLVANIA No. Q? ??? l) l iv IN CUSTODY COMPLAINT FOR CUSTODY AND NOW comes the Plaintiff, Randy L. Cousins, by his/her Attorney, JAMES M. BACH, and respectfully represents as follows: 1. The Plaintiff is Randy L. Cousins, residing at 386 Pin Oak Lane Carlisle, PA 17013. 2. The Defendant is Susan L. Cousins, residing at RR #2, Box 279-S Newport, PA 17074. 3. Plaintiff seeks custody of the following child: 4. The child is presently in the custody of Randy L. Cousins, who lives at 386 Pin Oak Lane, Carlisle, PA 17013. 5. The natural Mother of the child is Susan L. Cousins. 6. The natural Father of the child is Randy L. Cousins. 7. The relationship of Plaintiff to the child is that of Father. 8. The relationship of Defendant to the child is that of Mother. 9. The Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the child in this, or any other Court. lo. Plaintiff has no information of a custody proceeding concerning the custody of said child pending in a Court of this Commonwealth, or in any other jurisdiction. 11. Plaintiff does not know of a person, not a party to the proceedings, who has physical custody of the child, or claims to have custody or visitation rights with respect to the child. 12. The best interest and permanent welfare of the child will be served by granting the relief requested, because the Plaintiff can provide a stable and wholesome home environment for the child. 13. Each parent whose parental rights of the child have not been terminated, and the person who has physical custody of the child, have been named as parties to the action. Further, the child has lived exclusively with the father since the child was age 2. WHEREFORE, Plaintiff requests this Honorable Court to enter an order, granting Plaintiff primary physical custody of the subject minor child. Respectfully submitted, DATE: September 24, 2001 By Alw-* " "- AMES M. BACH, ESQUIRE Attorney I.D.# 18727 352 S. Sporting Hill Rd. MECHANICSBURG, PA 17055 (717)737-2033 Ole W 177, it- -Z> V a 4G v? G Randy L. Cousins, Plaintiff Vs. Susan L. Cousins, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, OF PENNSYLVANIA No. 01 IN CUSTODY APPLICATION FOR EMERGENCY EX PARTE CUSTODY ORDER The Plaintiff, Randy L. Cousins, by his Attorney, James M. Bach, hereby files within Application for Emergency Ex Parte Custody order: 1. The natural parents of the child herein, Trevor Cousins, are the Plaintiff and the Defendant respectively. 2. The child, Trevor Cousins, was born on 1/30/96 and is now 5 years and 9 months old. The Father and the child have lived together in Cumberland County, Pennsylvania at 386 Pin Oak Lane, Carlisle, PA 17013, since April of 1998. 3. From February 1997 until April 1998, Trevor and his Father lived with the Father's sister and brother until such time as the Father purchased a mobile home wherein Trevor and his Father have lived continuously since that time. 4. Trevor has been in the continuous custody of his natural Father, Randy L. Cousins, since he has been 2 years of age. He has not lived with his Mother, Susan L. Cousins, since sometime before February 1997. 5. Susan L. Cousins has threatened to remove the child from the babysitter and/or school and take physical custody of him. 6. The Father herein fears that the Mother will remove or attempt to remove the child from school. As a result of the fear and apprehension regarding the Mother's stated purposes, Father needs this Ex Parte Custody Order in order to alert school officials of his situation. 7. The best interest, health and welfare of the child dictate that he remain in custody, full-time, of his Father, as it has been for many years. 8. This Court should enter an Ex Parte Order prohibiting the natural Mother herein, Susan L. Cousins, from removing the child from school and attempting to change schools and removing the child from a babysitter or attempting to remove the child from a babysitter and removing the child from the Father's custody, pending a further hearing of this Court. WHEREFORE, your Petitioner, Randy L. Cousins, respectfully prays that this Court enter an Emergency Ex Parts Order granting temporary legal custody of the child to the Father, with visitation rights to the Mother to be determined at a subsequent hearing, and that the Mother not be allowed to remove the child from school, babysitter or any other place, pending further hearing of this Court. Respectfully submitted, j? JAMES BACH, +SQUIRE Attorney I.D.# 18727 352 S. Sporting Hill Road Mechanicsburg, PA 17050 (717)737-2033 I? l? v -o' cn cg C: ' i RANDY L. COUSINS, : IN THE COURT OF COMMON PLEAS OF Plaintiff vi. : CUMBERLAND COUNTY, PENNSYLVANIA SUSAN L. COUSINS, NO 01-5528 CIVIL Defendant IN CUSTODY ANSWER AND COUNTERCLAIM Defendant, Susan L. Cousins, by and through her attorney, Joan Carey, answers Plaintiff's Petition for Emergency Ex Parte Custody Order as follows: 1. Admitted. 2. Admitted in part; denied in part. It is denied that the child has lived with the father since April of 1998. In fact, since approximately January of 2001, Defendant/Mother and Plaintiff/Father have shared physical custody of the child on a week on/week off basis. 3. Denied. From the mother and father's separation in approximately February of 1997 until approximately April of 1998 the father and the child lived with the father's brother and his girlfriend. The mother had regular periods of custody including weekends and other agreed upon times during this period. From 1998 until January 2001 the father lived with the child and the mother had regular periods of custody including weekends and other agreed upon times. From January 2001 until August 11, 2001, the mother and father shared custody of the child on a week/on week/off basis. From August 11, 2001, through August 25, 2001, the child resided with the mother and her three other children, Trevor's half siblings. 4. Denied. See paragraphs 3 and 4 above. 5. Denied. The mother never threatened to remove the child from school. On or about August 11, 2001, the mother asked the father to return the child to her custody because Cumberland County Children and Youth Services told her and the father that this would be advisable to insure his safety during the investigation of an allegation of sexual abuse by the father against the mother's daughter, Hayley Toy. The mother did, however, remove the child from the baby sitter since there was no custody order and Children and Youth were recommending that Trevor stay with her until a determination could be made after their investigation. The child stayed with the mother from August 11, 2001, until August 25, 2001, with no contact by the father. Because of her concern for her son's safety, the mother filed a complaint for Custody in Perry County where the mother had lived for two years and where Trevor had lived with her in a shared custody arrangement from January 2001. By way of further answer, on August 25, 2001, the father removed the child from the front yard of one of the mother's neighbor without the mother's consent. The father took the child to Pittsburg to stay with his parents, and refused to return the child to the mother in spite of the request by Children and Youth that he do so and his initial agreement to the caseworker that he would comply with her request. The father has since brought the child back to Cumberland County, enrolled him in school, and continues to refuse the mother any contact with her son. The mother has not and will not remove the child from school without a Court Order. 6. The mother lacks sufficient knowledge to know what the father fears. See paragraph five (5) above by way of further answer. 7. Denied. The mother has concerns for her son's safety since Cumberland County Children and Youth Services has filed an indicated report of sexual abuse against the father involving Hayley Toy, the mother's daughter, including fondling the child's vaginal area, indecent assault and molestation. A copy of the Indicated Report is attached hereto and incorporated herein by reference. Additionally, the mother has concerns regarding the father's ability to have custody since he has a serious drinking problem. The parties' separation occurred because he raped her while he was intoxicated. The recent incident with Hayley occurred when he had been drinking. The mother is fearful that the stress undoubtedly felt by the father as a result of the Children & Youth investigation and Indicated Report and the pending criminal investigation involving the same incident will exacerbate his drinking problem. For reasons including, but not limited to, the above the mother feels that it is not in the child's best interest to be in the father's custody. Furthermore, it is in the child's best interest to be in the mother's custody since she is the parent who can best provide for the child's well being- including a home with her and the child's half siblings with whom he has a loving and close relationship. 8. Denied. The court should return the child to his mother's custody pending further Order after the completion of the criminal investigation. COUNTERCLAIM 9. Defendant/Mother incorporates paragraph 1-8. 10. The mother filed a Complaint for Custody in the Perry County Court on August 27, 2001, before Plaintiff filed his complaint in Cumberland County. A copy of the Complaint is attached hereto and incorporated herein by reference. 11. The mother requests that the Courts determine the appropriate venue for this case and that the court then enter an order granting her primary physical and legal custody of her child for the reasons including those articulated in paragraphs 1 through 10 in the above Answer and Counterclaim. 12. The Mother requests that this court grant her Temporary Custody for reasons stated in this Answer and Counterclaim without prejudice to her claim for long- term custody that she filed in the Perry County Court. WHEREFORE, Defendant/Mother requests that the Court enter an Order awarding her temporary custody of Trevor pending further Order of Court. In addition, Defendant/Mother requests that the Plaintiff/Father be ordered to undergo a drug and alcohol evaluation and comply with any recommendations regarding treatment and/or counseling resulting from the evaluation. Defendant/Mother further requests that the Cumberland County Judge communicate with the Perry County Judge to determine the proper venue for long-term resolution of this case. Defendant/Mother requests any other relief that is just and proper. Respectfully submitted, 06an'Carey Attorney for Petitioner MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 kwoo ,i,,v7tP v4no u0 :1 Wd 8 1 130 10 RANDY L. COUSINS, : IN THE COURT OF COMMON PLEAS OF Plaintiff Viii. : CUMBERLAND COUNTY, PENNSYLVANIA SUSAN L. COUSINS, NO 01-5528 CIVIL Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Joan Carey, Attorney for Defendant, do hereby certify that a true and correct copy of the within Answer and Counterclaim was mailed to counsel for Plaintiff, James Bach, by first class U.S. mail, postage pre-paid, addressed as follows: James M. Bach, Attorney at Law 352 S. Sporting Hill Rd. Mechanicsburg, PA 17050 Respectfully submitted, Joan Carey Attorney for Defendant LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VERIFICATION The above-named Defendant/Respondent, Susan Cousins, verifies that the statements made in the above Answer/Petition are true and correct. Respondent understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. 1()-('I -C )l Date Susan Cousins, Defendant/Respondent OFFICE OF CR"RLK YOUTN i FAWL149 DEPARTMENT OF PUBLIC WILPVAW NARRISDURO, PENNSYLVANIA 171$0 SUSAN COUSINS RR 2 BOX 279/5 MANSVILLE ROAD NEWPORT PA 17074 DEAR MS. COUSINS : Mailing Date October 12, 2001 CHLOLINt • AMU" RONITRy DEPARnENT OF PUaLR: MRLPAF NLLORMT, = FLOOR P.O. Box 0870 NAFGMUM PA 17106-WS TIL"' a NO. (717) 783.100 Child : HAYLEY TOY ReportNo : 210005W Status : INDICATED Agency : CUMBERLAND COUNTY CYA A report of suspected abuse Involving the above named child was investigated by the agency listed above. The status is Indicated. This means the agency determined that the child was abused. The report will remain on flle in the state and county offices until 23 years after the child's birth. At that time, the report will be expunged. However, the Information on the perpetrator will remain on file indefinitely if the social security number or date of birth is known. You are listed on the report as the Mother. You may have the right to receive services, which are intended to prevent further abuse or neglect, through the county children and youth agency. You also have the right to receive a copy of the report by writing to that agency or this office. Please refer to the report number listed above when making your request. Should your address change before the child becomes age 23, Please inform this office. If you have questions about your rights, involvement in the report, or this letter; we suggest you contact the investigating agency at (717) 240-6120 Is Ley de Servicios quo as i po Para Is Proteccion de ni us en e s no. Si uated se nomtlrado oD? s *to reports, esto va a afeotar su oportunidad de o?sner empleo on mo el perPstrador del abbuao Guido de Wino y an eacuela publ?a o privada Copia cis sate cotta es dhag?a o programs pera Por favor pongase an oontado con nosotros tan ro poniNe on mecionsda amba. p nto oomo le sea posible a Is dire apol. Issaed by : Chlidline & Abuse Registry TO 39tld CI-13IJWOO-E 9ZVLZ09 GE:ZZ t,66TITT/T0 /nr i.bwl, PA 1710S within 70 aey of Ih• nc•ip: of m Oral neore b/ WYb•I .eY.e. aleN. r •-- • "" YF. U,- • " •Vea•, era rY., r. V, evx xere en• 1«m vw Inereenr. 1. IDENTIFYING INFORMATION A. DATE OF INCi OENT 7/28/01 A OF AL P RT GISTEq NUMBER 9. NAME OF CHILDISTUOENT LLNt, First, MGM. IniHe118 1 3 - 0 1 21-05445 To Ha le N, Ex ADDRESS Rnmbee street, qtr, state, VP cod•1 6 1 8 - 9 3 ?at ®F RR2 Box 279-5 Newport PA 17074 sactAl s 1 r No. a roL A? A 1 Nr, Ir•t, ,d • nltui Perr 188-74-0154 Cousins Susan 1. 1 gq A oR Ss Oneieee stneee. city, stata, ie cee.l 183-62-8899 '?°i I 7TCv RR-2, Box 279-5, Newport PA 17074 couN ADDRESS (In<IYd• strut. city, snr., ip c•d.t ZUU-56-2262 T ?e3 61" 7 N. Mar4at ftr,ee. n..« r .. _. _ U v Cousins, Ra A E S -I mWi 386 Pin Oak Carlisle. PA Cumberland •al se I w W." I ,? SECURITY U. 167-56-0396 s111TNDATf? 5 I Op$ 16 t• Physical Injuries of Burn/Scalding oe WelwEechyrnosis 02 Fractures 7 Lacerations/Abrasions tt Asphyxiation/Suffocadon =6 Drowning c7 Skull Fractures oa Puncturss/Bites t2 Internal Injurlee/Hemorrhage t7 Other a Subdural Hematoms o! Brain Damage t7 Diametrtberrnent 06 Bruises IQ Poisoning a Sprains/Oisloeations^-` t! a'uga/Aleohol IA -12- Mantel Injuries IDO NOT COMPLETE POR STUDENT ABUSE) 3. Sexual Abuse or Exploitation Is Raps 2t Incest -M Sexual Asaslllt 20 Statutory Rape 22 Deviate Sexual Intercourse 2s Pornography _* Promoting Prostitution e. Physical Neglect (DO NOT COMPLETE FOR STUDENT ABUSE) 2e Malnutrition IM Lack of Supervision Medical Ne IM (resulting in a IC 2s gleet ( physical Other 27 Failure to Thrive condition) 20 e in a Physical condition) S. Imminent Risk (DO NOT COMPLETE FOR STUDENT ABUSE) $7t Phyaicsl Injury ns7 Sexual DESCRIBE THE IN.lURTES/CONDITIONS CNE'C fjcED ABOVE The perpe rator fondled th`?"child s?va ginalpla ita elan indecent assault and molestation). XIX )(* Xi( !i - Os oe Counseling 07 m 0e Os 10 1I 12 Fiat rrsl to Self-Help Group F13-F14] +s 1e 17 1s Referral to infra-agency Services 5-m( FR( EE to Referral to Community Services PL/PR ap 41 Multidisciplinary Tom Case Review xs xe t7 3a Homemaker/Caretaker Services YA W 731 3x Instruction and education for Parenthood ® Emergency Medical Care 3e 3e 3e 37 3a 3 Other ? No Services Planted or provided IV:. WIEE:::STATIlS ,.""'.',..w?^i:.. aW,TRMq ow:v ,.,, •., e. R: PENDING JUVENILE COURT ACTION (Updated rtNUINU 1 AL A' ? COURT ACT ? (Updated CY 48 required when court C. FOUNDED (CgtYt FindMg- CY 48 required when court action compieted) S. a oon em bbd) ? specify below) D. X INDICATED 1'? X Medical Evidence 2. ? CPS Investigation 9 Perpetrator ? (If checked, answer 1, 2, or 3) ? Admission E' UNFOUNDED PLEASE EXPLAIN IN DETAIL THE BASIS FOR THE CASE STATUS You CHECKED AND SPECIFY CRIMINAL ACTION. The indicated status is supported by the consistent descriotion.by the child of the sexual acts that occurred. The.perpetrator had ample access to the child, while the child was spending the night with the perpetrator. The mother confirmed that the child was with the perpetrator on those dates. The perpetrator refused to be interviewed. A Criminal investigation has begun but has yet to be concluded. WAS THERE A RELIGIOUS BASIS FOR CHILO'S CONDITION? ULppiieable only if E is checked) ? YES C3 NO DID THE CHILD DIE AS A RESULT OF THIS INCIDENT OF ABUSE/NEGLECT? (Applicable only If;C or D is checked) ? YES ® NO Please check as many as three factors and rank them in order Of felevxl0e Cl' being most relevem), Evidence must exist to confirm the selection of the factor(s) which appears to contribute to abuse. SUBSTANCE ABUSE (INCLUDES DRUGS, CHEMICALS, ALCOHOL, STU STRESS (DUE TO FINANCIAL PROBLEMS, UNEMPLOYMENT, DIVORCE, rTCJ ? MARGINAL PARENTAL SKILLS OR KNOWLEDOE IINCLUOBS UNREALISTIC EXPECTATIONS. LIMITBD KNOWLEDGE OF CHILDHOOD OBVELOPMENT, ETC) O VULNERABILITY OF CHILD (Due TO CHILO'S AGE, PHYSICAL LIMITATION, DEVELOPMENTAL DELAYS, ETc.) ? SEXUAL DEVIANCY OF ?BRPBTRATOR ISASFD ON A DIAGNOSIS OR CRIMINAL CONVICTION) ? ABUSE BETWEEN PARENT FIGURES O/ISTORY OF FIGHTING 0ETWGEN PARENTS OR PARENT SUSS7tTUTEEE INSuFFi CISNT FAMILY/SOCIAL SUPPORT (SUCH AS FAMILY AND FRIENDS UNAVAILABLE TO HELP WITH FAMILY OR PERSONAL No" ? IMPAIRED JUDGEMENT OF PERPETRATOR (CAUSED BY PHYSICAL, MENTAL OR EMOTIONAL LIMITATIONSI . PERPETRATOR ABUSED AS A CHILD m.n TrI n MUSE occuRRea INVESTIOATIM COUNTY Cumberland Cumberland Audra Hennesse cOUN1Y AEeMCY SUPenvis0. Dianne RUDD PATE FOAM RACE 3 0004{0 CHILD PROTECTIVE SERVICE INVESTIGATION REPORT F7Chock this block it a report ITitie 23 Pa C.S.A. Chapter 83) for student abuse INSTRUCTIONS: Sena =61,16160219 oplaHd farm t0 CNiIOLina B Abu{ M Check this block for Child abuse HPrriPbury PA 17101 asYa Of IRa racsist Of an oral raixet as ...ma,.Ala.euu .se. t of Publle Walfr.. L&Iaa Leeea 3rd Mr.. P.O. BOX 2675 pM « U.. ... ferm per I;Zsent. -?esssss -- 1. IDENTIFYING INFORMATION III. CPS SERVICES (DO NOT COMPLETE FOR STUDENT ABUSE) ' A. WAS CHILD ALLEGEDLY ABUSED WHILE IN A 'CHILD CARE SERVICE' (as defined by CPSU. YES © NO B. WAS CHILD REMOVED FROM THE ALLEGED ABUSIVE SETTING? (includes move by Solt, agency, others) © YES ? NO C. WERE LAW ENFORCEMENT OFFICIALS NOTIFIED OF THIS REPOfM ICY 104 sent ® YES ? NO 0. SERVICES PLANNED OR PROVIDED: (Please check the appropriate blocks. (Abbreviations: PL= PERP-Perpetrator). pNnnsd PR=Provided, and CHILD PARENT PERP. CHILD PARENT PERP. PL/PR PL/PR, PL/PR PL/PR PL/PR PL/PR HE Y!( ix - oaoe Counseling xis -xe? n se Homemaker/Cretsker Services r- 7_71 I 1-?1 Referral to Self-Help r .7 i yy? Instrunrlnn and Fdne arinn Mr CPLS 717-292-7921 10101/01 10:06A P.006 8U500,A l of t? S Plaintiff tl'_ Defendant IN. THE COURT OF COMMON PLEAS FOR THE 91st JUDICIAL DISTRICT OF PENNSYLVANIA. PERRY COUNTY BRANCH No CIVIL ACTION - CUSTODY COMPLAINT FOR CUSTODY 1_ The Plaintiff is residing at K )?( 2_ The Defendant is res iding at ' XS (D P_! A 1- a 3_ Plaintiff seeks (cu.stod (partial custo dy) (visitation) of the following child(ren): NAME PRESENT ADDRESS' AGE LZI --- The child(ren), was was.not ra o}}t of-- wedlock- _,o The chiiLd(ren) is presently in tip custody of nand l (ti! 1?t S , who resides at Jn? . ('nr?? l-e ! a I'70t During the past five years, the child(ren) has resided with the following persons and at the following addresses= 4 CPLS 717-232-7821 10/01/01 10:06A P.007 LIST ALL PERSONS ADDRESSES DATES The mother of the child(ren) is iCjUsa(U Ul?llllS currently residing at _ e? o? & Y She is (single), (married).(divorced) The father of-the child(ren) is currently residing at He- is (single. (married) (divorced) . 4_ The relationship of Plaintiff to the child(ren) is h 1Q?hP _ The. Plaintiff currently resides with: NAME RELATIONSHIP The relationship of Defendant to, the child(ren) is A?'' The Defendant currently resides with NAME RELATIONSHIP 6. Plaintiff (has) (has not) participated as a party or witness, or in another capacity, in other litigation concerning CPLS w 717-232-7821 10/01/01 10:06A P.008 the custody of this minor child(ren) in this or another court- The court, term and number, and its relationship to this action is: _ The court, term and number, and its relationship to this action is: _ Plaintiff (knows)(:does not know) of a person not a party to the proceedings who has physical custody of the child(ren) or claa.ms to have custody or visitation rights with respect to the child (ren.) _ The name and: address of such person is= 7_ The best. interest and permanent welfare of the yµL 8Each parent whose parental rights to the child(ren) }?. -y:???': . , Yfu7:..^?:????1?j?'. ^j. .: ?r }tr:'r.;?'_?',fe':'C:: '. ...:. '+:., .'._?:. -;:1'. ?. :,d M? ..1111111. • .: ' '.have, not, been'tetmfmated and`the,person who has physical custody of the. child(ren) have been (named as parties to this action.. . A.LI - j other persons, named below', who are known. to have or claim. a right to custody.or visitation of the child(ren) will be given i. natice of the pendency of this action and the right to interveaec'° MM ADDRE'SS' BAS'IS' oP' cLAn-f child(ren) will be served by granting the relief requested because. Ran6i I-c) hY;r -, fir) v-'Pc,4ICioTeoH (';n CPLS 717-232-7821 10/01/01 10208A P.009 n WHEREFORE, Plaintiff requests this court to grant custod (temporary custody) (visitation) of the child(ren) to the Plaintiff. Respectfully submitted, Date Plain If I verify that.the statements' made in this Complaint are true and correct.. L understand that. false statements herein are made subject to the penalties.of 19 Pa.C_S. §4904 relating to unswora falsification to authorities- t Ift i n lat l S VM ' ... '•v'. M..'.'..:r. :. . ?? : ': ti ' '. ' .. .r:• r: a c Y ti' N LO f, 0 CO G O 'o =i -:i yy ? =>Cn Z y? c C?rn t? RANDY L. COUSINS, : IN THE COURT OF COMMON PLEAS OF Plaintiff vii. : CUMBERLAND COUNTY, PENNSYLVANIA SUSAN L. COUSINS, NO 01-5528 CIVIL Defendant IN CUSTODY RULE TO SHOW CAUSE By the Court, AND NOW, this day of October, 2001, upon consideration of Defendant's Answer and Counterclaim filed in response to Plaintiff's Application for Emergency Ex Parte Custody Order, a Rule is entered on Plaintiff to show cause why the relief requested by Defendant should not be granted. The rule is returnable at a conference in chambers on the o30-t4 day of October 2001, at 9 ' 6-0 0(. m. in the Cumberland County Courthouse. Joan Carey, Attorney for Defendant MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 James M. Bach, Attorney for Plaintiff 352 South Sporting Hill Rd Mechanicsburg, PA 17050 A A, B5, C7? 7 1 ?? ',116.5 G7 Randy L. Cousins, Plaintiff VS. Susan L. Cousins, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, OF PENNSYLVANIA No. 2001-05528 IN CUSTODY AND NOW, comes the Plaintiff, RANDY L. COUSINS, by his Attorney, JAMES M. BACH, and filed the within REPLY TO COUNTERCLAIM 9. Admitted. It is admitted that Defendant has incorporated in her pleading paragraphs 1 through 8. The contents of these paragraphs are certainly in dispute factually. 10. Admitted. It is admitted with clarification. The Defendant has filed a Preliminary Objection to the Complaint, said Preliminary Objection remains outstanding. A hearing has not been set to our knowledge in Perry County on the Preliminary Objections filed by the Defendant and Mother's Complaint. A copy of the Preliminary Objection is attached to our Reply. 11. Denied. It is not in the best interest of the child to have Mother with primary physical custody. It is believed that the Mother abuses alcohol and drugs, namely crack cocaine and marijuana excessively. It is also believed that there have been charges of neglect and/or abuse filed by social agencies in the past against Mother for her care and maintenance of her other two children. The reasons articulated for Mother in paragraphs 1 through 10 are not true and correct. Therefore, this Court cannot rely on them to award Mother primary physical custody. 12. Admitted with Qualification. It is admitted that Mother is entitled to certain periods of temporary visitation with her child. Effective Friday, October 26 through Sunday, October 28, 2001, Mother will exercise visitation from Friday evening, 5:00 p.m. until Sunday evening at 7:00 p.m. Father has agreed to allow this weekend visitation to be ongoing until such time as the Court orders and directs otherwise, or the parties may come to some other mutual agreement. WHEREFORE, Plaintiff/Father respectfully requests that the Court enter an order granting primary physical custody to him and awarding periods of temporary visitation and custody to the Mother pending further order of the Court. FURTHER, on account of Mother's abuse of alcohol, crack cocaine and marijuana, it is urged that the Court order and direct that she undergo an evaluation for drugs and alcohol in order to determine her readiness and fitness as a parent. Plaintiff/Father requests any and all further relief as this Court may deem necessary, just, and appropriate and that keeps in mind the best interest of the child. Respectfully submitted, r Plaintiff t52th BA CH Sporting Hill Road Mechanicsburg, PA 17055 (717) 737-2033 C? o O c= - ?? o _, T) G) mr?s C7 --r _..? i '? z? v ?- ;,? : ice', ?s, rte: ti„ -;? r`l r'L CJ -?f ii .. . -C G' -C Randy L. Cousins, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, OF PENNSYLVANIA Vs. Susan L. Cousins, Defendant No. 2001-05528 IN CUSTODY CERTIFICATE OF SERVICE I, James M. Bach, Attorney for Plaintiff, do hereby certify that a true and correct copy of the within Reply to Counterclaim was mailed to counsel for Defendant, Joan Carey, by first class U.S. mail, postage pre-paid, addressed as follows: Joan Carey, Attorney at Law Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 Respectfully submitted, AM ES M. BACH Attorney for Plaintiff 352 South Sporting Hill Road Mechanicsburg, PA 17055 (717) 737-2033 n p n G -? ? ? ?? f ? ?, -t ? , , I e-J. IV ----' i:? ?? : ?Si _ J?Ci rn t ? ?? ? ?_? _ C? ?.? .? RANDY L. COUSINS, Plaintiff VS. SUSAN L. COUSINS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-5528 CIVIL CIVIL ACTION - LAW ORDER AND NOW, this 30` day of October, 2001, following conference in Chambers with counsel, the following temporary order is entered without prejudice and notwithstanding the action docketed in Perry County to number 2001-752: 1. The parties shall share legal custody of the child, Trevor, born January 30, 1996. 2. The mother, Susan L. Cousins, shall have shared custody of said child three out of every four weekends, said three weekends to be consecutive and to be deemed to have commenced on the weekend of October 27-28. Said periods of weekend shared custody shall extend from Friday at 5:00 p.m. until Sunday at 7:00 p.m. 3. The parties shall divide equally the entire Thanksgiving holiday of 2001 with the mother having shared custody during the first half of said vacation, which shall include Thanksgiving day. 4. The parties shall divide equally the Christmas holiday for 2001/2002 with the father enjoying the first half of said holiday. This provision notwithstanding, the parties shall divide the period from noon on Christmas Eve until noon on Christmas Day, and noon on Christmas Day until noon on December 26 h, with the period from noon on Christmas Eve to noon on Christmas Day being in the father. The parties shall share transportation of the child with the party receiving custody providing transportation. Neither party shall use controlled substances nor drive while intoxicated during their respective periods of custody. It is requested that conciliation in this case be expedited. BY THE COURT, Hess, J. John Scheidemann, Esquire For the Plaintiff Joan Carey, Esquire For the Defendant Am Cep eS ? Ily C???et3 it MP I-S =??? (7 c' q tia O ten z.z! - [ CD w CD VFW Fn G ? RANDY L. COUSINS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 01-5528 CIVIL ACTION LAW SUSAN L. COUSINS DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, November 07, 2001 , 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 Tuesday, December 04, 2001 at 1:00 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/ Dawn I Sunda - X, Esq. 0 W1 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 ,'?eH,y fo'"s IO 8 II bINWAIASNN?d AiNnc i? b01 S-710?d 10 JAN09MU ? RANDY L. COUSINS, Plaintiff VS. SUSAN L. COUSINS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5528 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 7TH day of January, 2002, the Conciliator, having received no request from either party to reschedule the Custody Conciliation Conference originally scheduled for December 4, 2001, hereby relinquishes jurisdiction. Either party may file a Petition for the scheduling of a Conference, if necessary. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator y ?? ?? ?, A W ? N \? O RANDY L. COUSINS, Plaintiff/Respondent VS. SUSAN L. COUSINS, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-5528 CIVIL CUSTODY PETITION FOR RESCHEDULING OF CONCILIATION CONFERENCE Petitioner, Susan Cousins, by and through her counsel, Joan Carey of MidPenn Legal Services, states the following: 1. Petitioner is the above-named Defendant, Susan Cousins, hereinafter referred to as the mother, who currently resides at RR 2, Box 279-S, Newport, Cumberland County, Pennsylvania, 17074. 2. Respondent is the above-named Plaintiff, Randy Cousins, hereinafter referred to as the father, who resides at 386 Pin Oak Lane, Carlisle, Cumberland County, Pennsylvania, 17013. 3. The above-named parties are the natural parents of Trevor Cousins, born January 30, 1996. 4. A complaint for custody was filed by the mother on August 27, 2001 in Perry County. A complaint for custody was filed by the father on September 24, 2001 in Cumberland County. 5. In addition, the father filed a Petition for an Emergency Ex Parte Custody Order on September 27, 2001 in Cumberland County. In response, the mother filed an answer and counterclaim to the father's petition and this court entered a Rule to Show Cause on the father as to why the relief requested by the mother should not be granted. The Rule was made returnable at a conference in chambers on October 30, 2001. 6. A temporary custody order was entered by Judge Hess on October 30, 2001, pending an expedited conciliation conference. The October 2001 temporary order in pertinent part, granted the mother shared legal custody and a schedule of partial physical custody three out of four weekends and a shared holiday schedule for 2001 and referred the matter to conciliation. A copy of the order is attached and incorporated herein by reference. 7. A conciliation conference was scheduled for December 4, 2001, but that conference was continued because the parties indicated that they were attempting to finalize a Stipulation to resolve the remaining custody issues. However, negotiations broke down between the parties and no agreement was signed. 8. When MidPenn Legal Services contacted the Conciliator and asked to reschedule a conciliation conference, the Conciliator explained that she had relinquished jurisdiction on January 7, 2001. A copy of the letter from the Conciliator is attached and incorporated herein by reference. 9. Mother requests that an expedited conciliation conference be scheduled since the father is denying her time with the child on the holidays not specified in the Order of October 30, 2001. Furthermore, the father has denied the mother contact with the child for two (2) of her court ordered weekends. 10. The mother feels it is in the child's best interest for the child to be in her primary care. 11. Counsel for the father, John Scheidemann at the Law Offices of James Bach, has been notified of the filing of this petition and has agreed to the rescheduling of a conciliation conference. WHEREFORE, Petitioner respectfully requests that the court schedule a conciliation conference. Petitioner also requests any other relief this court deems just and proper. Respectfully submitted, n Joan Carey Attorney for Petitioner MIDPENN LEGAL SERVICES, INC. 8 Irving Row Carlisle, PA 17013 RANDY L. COUSINS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 01-5528 CIVIL CIVIL ACTION - LAW SUSAN L. COUSINS, Defendant ORDER AND NOW, this 30' day of October, 2001, following conference in Chambers with counsel, the following temporary order is entered without prejudice and notwithstanding the action docketed in Perry County to number 2001-752: The parties shall share legal custody of the child, Trevor, born January 30, 1996. 2. The mother, Susan L. Cousins, shall have shared custody of said child three out of every four weekends, said three weekends to be consecutive and to be deemed to have commenced on the weekend of October 27-28. Said periods of weekend shared custody shall extend from Friday at 5:00 p.m. until Sunday at 7:00 p.m. 3. The parties shall divide equally the entire Thanksgiving holiday of 2001 with the mother having shared custody during the first half of said vacation, which shall include Thanksgiving day. 4. The parties shall divide equally the Christmas holiday for 2001/2002 with the father enjoying the first half of said holiday. This provision notwithstanding, the parties shall divide the period from noon on Christmas Eve until noon on Christmas Day, and noon on Christmas Day until noon on December 26th, with the period from noon on Christmas Eve to noon on Christmas Day being in the father. The parties shall share transportation of the child with the party receiving custody providing transportation. Neither parry shall use controlled substances nor drive while intoxicated during their respective periods of custody. It is requested that conciliation in this case be expedited. BY THE COURT, John Scheidemann, Esquire For the Plaintiff Joan Carey, Esquire For the Defendant Am TRUE COPY FROM RECORD Tes*M" whereei, I here UM eet rR Kano A the srM ol said ; h omthnnntaiv 11 WILLIAM L. SUNDAY DAWN S. SUNDAY Attorneys - at - Law 39 West Main Street, Ste. 1 Mechanicsburg, PA 17055-6230 November 29, 2001 James M. Bach, Esquire. 352 South Sporting Hill Road Mechanicsburg, PA 17050 Joan Carey, Esquire Mid-Penn Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 - PFZ7 f,' 766-9622 Phone (717) 766-9698 Fax (717) 795-7280 9F7i ^pr a? NOV 200, RE: Cousins vs. Cousins - Cumberland County Docket No. 01-5528, In Custody Dear Counsel: As you have indicated that the parties in the above-referenced matter are attempting to finalize a Stipulation resolving all outstanding custody issues, the Custody Conciliation Conference scheduled for December 4, 2001 has been continued. I will hold this matter in my office for thirty (30) days from the date of this letter. If I have not received a request by either party during that time to reschedule the Conference, I will automatically relinquish jurisdiction. I would appreciate it very much if you would notify me if the Stipulation is finalized prior to that time. Sincerely, dae? Dawn S. Sunday DSS/cg VERIFICATION The above-named PETITIONER, Susan Cousins, verifies that the statements made in the above PETITION are true and correct. Petitioner understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unworn falsification to authorities. DateA`w-?)a Susan Cousins C _ <r C\ - C? C7.- Q7 'rn t ' Lu u.. RANDY COUSINS, Plaintiff/Respondent VS. SUSAN COUSINS, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5528 CIVIL TERM CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Susan Cousins, Petitioner, to proceed in forma pauperis: I, Joan Carey, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal service to the party. an Carey, Attorney for Petitioner MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 ?T rr; rn CID ' 9D , c y _ RANDY COUSINS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 01-5528 CIVIL ACTION LAW SUSAN COUSINS DEFENDANT IN CUSTODY AND NOW, Tuesday, February 12, 2002 , 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 Thursday, March 07, 2002 at 1:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunday. AMA s 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 f; ? rp.W i ,, vii .., i'i;.J+ !' t??Ui':S i? tic. ^IVSY'Lt ?''?,"\? y RANDY COUSINS, Plaintiff vs. SUSAN COUSINS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-5528 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this /$` day of Agite 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated October 30, 2001 is vacated and replaced with this Order. 2. The Father, Randy Cousins, and the Mother, Susan Cousins, shall have shared legal custody of Trevor Cousins, born January 30, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 3. The parties shall have physical custody of the Child during the school year as follows: A. The Mother shall have custody of the Child on alternating weekends, beginning Friday, March 15, 2002, from Friday at 4:30 p.m., when the Mother shall pick up the Child from the babysitter through Monday morning when the Mother shall transport the Child to school. The Mother shall also have custody of the Child for an additional weekend beginning Friday, March 8, 2002. B. The Mother shall have custody of the Child every Wednesday from 4:30 p.m. until 7:30 p.m. C. If the Child does not have school on a Friday preceding the Mother's weekend period of custody, the custodial period shall begin on Thursday at 4:30 p.m. In the event the Child does not have school on a Monday immediately following the Mother's weekend period of custody, the custodial period shall extend through Monday at 7:30 p.m. ;I1 ;Lil!d 1 ZO :v0 D. The Father shall have custody of the Child at all times not otherwise specified for the Mother. 4. The parties shall share having physical custody of the Child during the summer school break on an alternating weekly basis, with the exchange of custody to take place every Friday at 6:00 p.m. The summer custody schedule shall begin on the first Friday after the last day of school and shall terminate on the last Friday before the new school year resumes with the Father having custody of the Child over the weekend before the first day of school. Thereafter, the school year custody schedule shall resume with the Mother having custody on the first weekend after the first day of school. 5. The parties shall share or alternate having custody of the Child on holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 4:00 p.m. through Christmas Day at 2:00 p.m., and Segment B, which shall run from Christmas Day at 2:00 p.m. through December 26 at 4:00 p.m. The Mother shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. The Father shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. The parties shall equally share having custody of the Child during the remainder of the Christmas school break as arranged by agreement. B. THANKSGIVING: The Thanksgiving holiday shall be divided into Segment A, which shall run from the Wednesday before Thanksgiving at 4:00 p.m. through Thanksgiving Day at 2:00 p.m., and Segment B, which shall run from Thanksgiving Day at 2:00 p.m. through the following Friday at 4:00 p.m. The Mother shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. The Father shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. C. EASTER: The Easter holiday shall be divided into Segment A, which shall run from the Saturday before Easter at 4:00 p.m. through Easter Sunday at 2:00 p.m., and Segment B, which shall run from Easter Sunday at 2:00 p.m. through the following Monday at 4:00 p.m. The Mother shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. The Father shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. D. MEMORIAL DAY/LABOR DAY: The Mother shall have custody of the Child every year on Memorial Day and the Father shall have custody of the Child every year on Labor Day, with the specific times to be arranged by agreement of the parties. E. JULY 4TH: The parties shall share having custody of the Child on July 4"' as arranged by agreement. F. MOTHER'S DAY/FATHER'S DAY: The Mother shall have custody of the Child every year on Mother's Day and the Father shall have custody of the Child every year on Father's Day, with the specific times to be arranged by agreement. G. MISCELLANEOUS SCHOOL HOLIDAYS: In the event the Mother is available and the Father is working on any school holiday not otherwise addressed in this Order, the Mother shall have custody of the Child from the evening before the holiday through the day of the school holiday, with the specific times to be arranged by agreement. H. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 6. For vacation each year, each party may extend his or her weekly periods of custody to include three days of the other party's adjacent week of custody up to 2 times each summer upon providing at least 2 weeks advance notice to the other party. 7. For exchanges of custody during holidays and alternating weeks in the summer, the party receiving custody shall be responsible to provide transportation unless otherwise agreed. The Mother shall provide all transportation for Wednesday evening periods of custody during the school year and for returning the Child to school after her alternating weekends. 8. Neither party shall use controlled substances nor drive while intoxicated during his or her periods of custody. 9. 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. 10. 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 terns of this Order shall control. BY THE COURT, cc: an Carey, Esquire - Counsel for Mother /36hn Scheidemann, Esquire - Counsel for Father Kevin Hess, J. C LRX3 RANDY COUSINS, Plaintiff VS. SUSAN COUSINS, Defendant PRIOR JUDGE: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-5528 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 Trevor Cousins January 30, 1996 Father 2. A Conciliation Conference was held on March 7, 2002, with the following individuals in attendance: The Father, Randy Cousins, with his counsel, John Scheidemann, Esquire and the Mother, Susan Cousins, with her counsel, Joan Carey, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date : `"?? Dawn S. Sunday, Esquire Custody Conciliator Quintina M. Laudermilch, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 6574795 tlaudermilch(@dzmmalaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RANDY L. COUSINS, Plaintiff/Petitioner vi. SUSAN L. COUSINS, N.K.A. SUSAN L. WOODWARD, Defendant/Respondent Docket No. 01-5528 CIVIL ACTION-LAW (In Custody) NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Petition to Modify Custody and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Petition or for any other claim or relief requested by the Petitioner. You may lose money or property or other rights important to you. 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 DALEY ZUCKER MEILTON MINER & GINGRICH, LLC Date: 51q /o-:;'- By: intina M. Laudermilch, Esquire Attorney I.D. # 94664 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 Attorney for Plaintff/Petitioner Quintina M. Laudermilch, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 tlaudermilchAdammglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RANDY L. COUSINS, Plaintiff/Petitioner Docket No. 01-5528 V. CIVIL ACTION-LAW SUSAN L. COUSINS, (In Custody) N.K.A. SUSAN L. WOODWARD, Defendant/Respondent PETITION TO MODIFY CUSTODY AND NOW, this ? day of May, 2007, comes Plaintiff/Petitioner, Randy L. Cousins, by and through his attorneys, Daley Zucker Meilton Miner & Gingrich, LLC, and files the following Petition to Modify Custody and in support thereof avers as follows: 1. Plaintiff/Petitioner, Randy L. Cousins (hereinafter referred to as "Father"), an adult individual, who resides at 607 Water Street, New Cumberland, York County, Pennsylvania, 17070, is the natural Father of Trevor Cousins (hereinafter referred to as "Trevor") (DOB 12/30/1996). 2. Defendant/Respondent, Susan L. Woodward (hereinafter referred to as "Mother"), an adult individual, who resides at 350 Old Limekiln Road, Newport, Perry County, Pennsylvania, 17074, is Trevor's natural Mother. 3. The Child was not born out of wedlock. 4. In addition to Trevor, Mother resides with her husband, James Woodward, and her other two children, Wesley and Hayley Toy. 5. On March 15, 2002, the Court entered an Order granting the Parties shared legal custody of the children with Father receiving primary physical custody during the school year and Mother enjoying periods of partial physical custody on alternating weekends. The Order further directs that during the summer, the Parties are to share physical custody of Trevor on alternating weeks. A copy of the May 15, 2002 Order is attached hereto as Exhibit "A" and incorporated by reference. 6. Father believes that approximately two years ago the parties entered into a written agreement altering the custody schedule whereby Mother would have primary physical custody of the child during the school year with Father having the child on alternating weekends; however, Father does not have a copy of the Agreement and the Agreement was never entered as a Court Order. 7. As a result of recent incidents, Father has had primary physical custody of Trevor since on or about May 3, 2007 because he is concerned for the health, welfare and safety of Trevor when he is with Mother. 8. Father has received information from Trevor that Mr. Woodward is under the influence of alcohol a large amount of the time that Trevor is at the residence. 9. Mr. Woodward has also shown signs of aggression towards Trevor. One incident occurred on or about May 2, 2007 whereby Mr. Woodward pushed Trevor into the front door of the Defendant's home. 10. In addition, on April 8, 2007, Mr. Woodward deliberately destroyed cell phones belonging to Wesley and Hayley Toy that their Father purchased for them by smashing them with a hammer in front of all of the children. 11. On April 30, 2006, Children and Youth were called to the Mother's residence. Father believes that Children and Youth were contacted by either the school (Newport School District) or the police. 12. As of the date of this filing Father has not received any additional information from Children and Youth regarding the reason for the visit. 13. Should the Court grant the relief requested, it is Father's intention for Trevor to remain in his current school for the remainder of the school year and Father is prepared to provide or arrange for appropriate transportation to ensure Trevor's attendance at school. WHEREFORE, Petitioner respectfully requests the Honorable Court to grant the Petition to Modify Custody and enter an Order granting Father primary physical custody of the children with periods of supervised visits with Mother until Children and Youth complete their investigation, so long as the allegations are deemed unfounded, or until further Order of the Court.. Respectfully submitted, DALEY ZUCKER WILTON MINER & GINGRICH, LLC Date: 61410-7- By: Quintina M. Laudermilch, Esquire Attorney I.D. # 94664 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 Attorney for Plaintiff/Petitioner EXHIBIT "A" 5- 9-07; 2:26PM;Un1ted Rest EgUlp-PA RANDY COUSINS, Plaintiff VS. SUSAN COUSINS, Defendant PRIOR JUDGE: Kevin A. Hess ;717 233 3756 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-5528 CNIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUARY 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 DANE OF BIRTH CURRENTLY IN CUSTODY OF Tremor Cousins January 30, 1996 Father 2. A Conciliation Conference was held on March 7, 2002, with the following individuals in attendance: The Father, Randy Cousins, with his counsel, John Scheidernann, Esquire and the Mother, Susan Cousins, with her counsel, Joan Carey, Esquire- 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator 5- 9-07; 2!26PM;Un1ted Rest EgUIP-PA ;717 238 3756 # 2/ 5 RANDY COUSINS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUN'T'Y, PENNSYLVANIA vs. 01-5528 CIVIL ACTION LAW SUSAN COUSINS, . Defendant IN CUSTODY ORDER OF C„_ AND NOW, this IS"` day of Ad it q 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated October 30, 2001 is vacated and replaced with this Order. 2. The Father, Randy Cousins, and the Mother, Susan Cousins, shall have shared legal custody of Trevor Cousins, born January 30, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 3. The parties shall have physical custody of the Child dwring the school year as follows: A. The Mother shall have custody of the Child ou alternating weekends, beginning Friday, March 15, 2002, from Friday at 4:30 p.xn., when the Mother shall pick up the Child from the babysitter through Monday morning when the Mother shall transport the Child to school. The Mother shall also have custody of the Child for an additional weekcnd beginning Friday, March S, 2002. B. The Mother shall have custody of the Child every Wednesday from 4:30 p-m. until 7:30 p.m. C. If the Child does not have school on a Friday preceding the Mother's weekend period of custody, the custodial period shall begin on Thursday at 4:30 p.m. In the event the Child does not have school on a Monday immediately following the Mother's weekend period of custody, the custodial period shall extend through Monday at 7:30 p.m. 5- 9-07; 2:26PM;United Rest EgUIp-PA ;717 238 3756 # 3/ 5 D. The Father shall have custody of the Child at all times not otherwise specified for the Mother. 4. The parties shall share having physical custody of the Child during the summer school break on an alternating weekly basis, with the exchange of custody to take place every Friday at 6:00 p.m. The summer custody schedule shall begin on the first Friday after the last day of school and shall terminate on the last Friday before the new school year resumes with the Father having custody of the Child over the weekend before the first day of school. Thereafter, the school year custody schedule shall resume with the Mother having custody on the first weekend after the first day of school. 5. The parties shall share or alternate having custody of the Child on holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 4:00 p.m. through Christmas Day at 2:00 p.m., and Segment B, which shall run from Christmas Day at 2:00 p.m. through December 26 at 4:00 p.m. The Mother shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. The Father shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. The parties shall equally share having custody of the Child during the remainder of the Christmas school break as arranged by agreement. B. THANKSGIVING: The Thanksgiving holiday shall be divided into Segment A, which shall run from the Wednesday before Thanksgiving at 4:00 p.m. through Thanksgiving Day at 2:00 p.m., and Segment B, which shall run from Thanksgiving Day at 2:00 p.m. through the following Friday at 4:00 p.m. The Mother shall have custody of the Child during Segment A in odd numbered years and during Segment 13 in even numbered years. The Father shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. C. EASTER: TER: The Easter holiday shall be divided into Segment A, which shall run from the Saturday before Easter at 4:00 p.m. through Easter Sunday at 2:00 p.m., and Segment B, which shall run from Easter Sunday at 2:00 pm. through the following Monday at 4:00 p.m. The Mother shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. The Father shall have custody of the Child during Segment A in odd numbered years and during Segment. 13 in even numbered years. D- MEMORIAL DAY/LABOR DAY: The Mother shall have custody of the Child every year on Memorial Day and the Father shall have custody of the Child every year on Labor Day, with the specific times to be arranged by agreement of the parties. E. JULY 4rm: The parties shall share having custody of the Child on July 4`h as arranged by agreement. R MOTHER'S DAY/FATHER'S DAY: The Mother shall have custody of the Child every year on Mother's Day and the Father shall have custody of the Child every year on Father's Day, with the specific times to be arranged by agreement. 5- 9-07; 2:26PM;Unlted Rest EgUlp-PA ;717 230 3756 # 4/ 5 G. MISCELLANEOUS SCHOOL HOLIDAYS: In the event the Mother is available and the Father is working on any school holiday not otherwise addressed in this Order, the Mother shall have custody of the Child from the evening before the holiday through the day of the school holiday, with the specific times to be arranged by agreement. H. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 6. For vacation each year, each party may extend his or her weekly periods of custody to include three days of the other party's adjacent week of custody up to 2 times each summer upon providing at least 2 weeks advance notice to the other party. 7. For exchanges of custody during holidays and alternating weeks in the summer, the party receiving custody shall be responsible to provide transportation unless otherwise agreed. The Mother shall provide all transportation for Wednesday evening periods of custody during the school year and for returning the Child to school after her alternating weekends. 8. Neither party shall use controlled substances nor drive while intoxicated daring his or her periods of custody. 9. 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. 10. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Orden by mutual consent. In the absence of mutual consent, the terms of this Order shall control- 13Y THE COURT, ---10(A ?/;/ Mess, J. Ke7.. cc: oan Carey, Esquire - Counsel for Mother ,,J5hn Scheidem,ann, Esquire - Counsel for Father 03 IR Ca, P& VERIFICATION I, Randy L. Cousins, verify that the statements made in this Petition to Modify Custody 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. Section 4904, relating to unworn falsification to authorities. Date: ? Randy L. Cousins ainti/Petitioner CERTIFICATE OF SERVICE I, Jennifer L. Carl, Paralegal, hereby certify that on this day of May, 2007, a copy of the foregoing Petition to Modify Custody, along with the registration form for the Separated Parents course, was sent via United States First Class Mail, postage pre-paid, addressed as follows: Susan Woodward 350 Old Limekiln Rd. Newport, PA 17074 Defendant/Respondent 1 . n n _ Jer L. Carl, Paralegal 10 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 ra 0 RANDY COUSINS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law No. 01-5528 SUSAN WOODWARD, formerly Susan Cousins Defendant : IN CUSTODY PETITION TO MODIFY CUSTODY AND NOW, comes Susan Woodward by and through his counsel, Michael J. Whare, Esquire and in support of her Petition to Modify Custody avers as follows: 1. Petitioner is Susan Woodward, an adult individual who resides at 350 Old Limekiln Lane, Newport, Pennsylvania 17074. 2. Respondent is Randy Cousins, whose addressed is unknown by Petitioner. 3. On October 30, 2001, the Honorable Kevin A. Hess entered a Custody Order concerning their son, Trevor Cousins, born January 30, 1996. (Attached as Exhibit A) 4. Since the entry of said Order, there has been a significant change in circumstances in that: a) Father has taken the child and will not allow Mother any contact with Child despite a Court Order giving mother time with the Child. b) Mother is concerned that Father is abusing drugs and/or alcohol while the Child is in his custody and is therefore unreliable as a custodian of the Child. c} Mother avers that Father is unstable and is unsure where the Father and Child are currently residing. d) Mother has learned that the Child has missed at least two days of school since Father took the child on Thursday May 3, 2007. e) Since March 7, 2005, Mother and Father had been following a custody agreement that both parties signed. (Attached as exhibit "B") 5. The best interest of the child will be served by the Court modifying said Order. WHEREFORE, Petitioner respectfully requests this Honorable Court grant modification of the Custody Order as follows: Mother shall have primary physical custody of child subject to periods of partial physical custody every other weekend in Father. Respectfully submitted, J ?l Date: -/o-o-7 Aicfia, el I Whas- ,Esquire 37 East Pomfret Street Carlisle, PA 17013 Supreme Ct. Id No. 89028 Attorney for Plaintiff RANDY COUSINS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. Civil Action- Law No. 01-5528 SUSAN WOODWARD, formerly Susan Cousins Defendant : IN CUSTODY VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date; J" 10 - 0^l Cy ?, inn. ."?1? ,n nl Susan Woodward, Petitioner RANDY COUSINS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law : No. 01-5528 SUSAN WOODWARD, formerly Susan Cousins Defendant : IN CUSTODY CERTIFICATE OF SERVICE I Michael J. Whare, Esquire, attorney for Plaintiff, do hereby certify that I this day mailed a copy of the within Petition to Modify Custody upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Randy Cousins United Restaurant Equipment 2980 Jefferson Street Harrisburg, PA 17110 Dated: S??/O -D 7 Michael J. Whare, squire Attorney for Plaintiff RANDY L. COUSINS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 01-5528 CIVIL CIVIL ACTION - LAW SUSAN L. COUSINS, Defendant : ORDER AND NOW, this -70' day of October, 2001, following conference in Chambers with counsel, the following temporary order is entered without prejudice and notwithstanding the action docketed in Perry County to number 2001-752: 1. The parties shall share legal custody of the child, Trevor, born January 30, 1996. 2. The mother, Susan L. Cousins, shall have shared custody of said child three out of every four weekends, said three weekends to be consecutive and to be deemed to have commenced on the weekend of October 27-28. Said periods of weekend shared custody shall extend from Friday at 5:00 p.m. until Sunday at 7:00 p.m. 3. The parties shall divide equally the entire Thanksgiving holiday of 2001 with the mother having shared custody during the first half of said vacation, which shall include Thanksgiving day. 4. The parties shall divide equally the Christmas holiday for 2001/2002 with the father enjoying the first half of said holiday. This provision notwithstanding, the parties shall divide the period from noon on Christmas Eve until noon on Christmas Day, and noon on Christmas Day until noon on December 26"', with the period from noon on Christmas Eve to noon on Christmas Day being in the father. Fy\? b, The parties shall share transportation of the child with the party receiving custody providing transportation. Neither party shall use controlled substances nor drive while intoxicated during their respective periods of custody. It is requested that conciliation in this case be expedited. BY THE COURT, '000e '01t4 Z' .• Hess, J. John Scheidemann, Esquire For the Plaintiff Joan Carey, Esquire For the Defendant :rlm IRUE COPY FROM RECOa ?e?Y w• I here undo * " "M tie dS orpti?onc?t?w RANDY COUSINS, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY PENNSYLVANIA V. : . .: NO. 01-5528 SUSAN COUSINS, . .: CIVIL ACTION LAW Defendant :. IN CUSTODY ORDER OF COURT AND NOW, this day of RU( , 2005, the parties hereby stipulate the following: I . The Father, Randy Cousins, and the Mother, Susan Cousins, shall have shared legal custody of Trevor Cousins, born January 30, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 2. The parties shall have physical custody of the Child during the school year as follows: A. The Father shall have custody of the Child on alternating weekends, beginning Friday at 4:30 p.m through Monday morning when the Father shall transport the Child to school. B. The Father shall have custody of the Child every Wednesday from 4:30 p.m. Until 7:30 p.m. C. If the Child does not have school on a Friday preceding the Father's weekend period of custody, the custodial period shall begin on Thursday at 4:30 p.m. In the event the Child does not have kchool on a Monday immediately following the Father's weekend period of custody, the custodial period shall extend through Monday at 7:30 p.m. D. The Mother shall have custody of the Child at all times not otherwise specified for the Father. 3. The parties shall share having physical custody of the Child during the summer school break on an alternating weekly basis, with the exchange of custody to take place every Friday at 6:00 p.m. The summer custody schedule shall begin on the first Friday after the last day of school and shall terminate on the last Friday E,)< ki 6;4- "(3" before the new school year resumes with the Father having custody of the Child over the weekend before the first day of school. Thereafter, the school year custody schedule shall resume with the Mother having custody on the first weekend after the first day of school. 4. The parties shall share or alternate having custody of the Child on holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 4:00 p.m. through Christmas Day at 2:00 p.m., and Segment B, which shall run from Christmas Day at 2:00 p.m. through December 26 at 4:00 p.m. The Mother shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. The Father shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. The parties shall equally share having custody of the Child during the remainder of the Christmas school break as arranged by agreement. B. THANKSGIVING: The Thanksgiving holiday shall be divided into Segment A, which shall run from Wednesday before Thanksgiving at 4:00 p.m. through Thanksgiving Day at 2:00 p.m., and Segment B, which shall run from Thanksgiving Day at 2:00 p.m. through the following Friday at 4:00 p.m. The Mother shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. The Father shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. C. EASTER: The Easter holiday shall be divided into Segment A, which shall run from the Saturday before Easter at 4:00 p.m. through Easter Sunday at 2:00 p.m., and Segment B, which shall run from Easter Sunday at 2:00 p.m. through the following Monday at 4:00 p.m. The Mother shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. The Father shall have custody of the Child during Segment Awin odd numbered years and during Segment B in even numbered years. D. MEMORIAL DAY/LABOR DAY: The Mother shall have custody of the Child every year on Memorial Day and the Father shall have custody of the Child every year on Labor Day, with the specific times to be arranged by agreement of the parties. E. JULY 4TH: The parties shall share having custody of the Child on July 4t' as arranged by agreement. F. MOTHER'S DAY/FATHER'S DAY: The Mother shall have custody of the Child every year on Mother's Day and the Father shall have custody of the Child every year on Father's Day, with the specific times to be arranged by agreement. G. MISCELLANEOUS SCHOOL HOLIDAYS: In the event the Mother is available and the Father is working on any school holiday not otherwise addressed in this Order, the Mother shall have custody of the Child from the evening before the holiday through the day of the school holiday, with the specific times to be arranged by agreement. H. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. For vacation each year, each party may extend his or her weekly periods of custody to include three days of the other party's adjacent week of custody up to 2 times each summer upon providing at least 2 weeks advance notice to the other party. 6. For exchanges of custody during holidays and alternating weeks in the summer, the parry receiving custody shall be responsible to provide transportation unless otherwise agreed. The Mother shall provide all transportation for Wednesday evening periods of custody during the school year and for returning the Child to school after her alternating weekends. 7. Neither party shall use controlled substances nor drive while intoxicated during his or her periods of custody. 8. 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. 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. Witness arbara Wevodau, Esq. Rand 'Cox => 0 G Susan Cousins r--3 ? +.r "S r RANDY L. COUSINS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 01-5528 CIVIL ACTION LAW SUSAN L. COUSINS N/K/A SUSAN L. WOODWARD IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, May 16, 2007 upon consideration of the attached Complaint, it is herebv directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, June 12, 2007 at 12:00 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/ Dawn S. Sunda Es o. i1ruyl Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 S :I Ind L I ),v CGOI 2111 l a i 1110-1 CORH RANDY COUSINS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 01-5528 CIVIL ACTION LAW SUSAN WOODWARD, FORMERLY SUSAN COUSINS IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, May 16, 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 Tuesday, June 12, 2007 at 12:00 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 a?e 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 q. 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 y? c o-u s 6'3 .1 aid L I All 1002