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CHARLES E. "E'fIUE
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ATIOK.'r.'I' AT tAW
35~S BRISlIAN SlREET
IIARRISBURG, PENNSYLVANIA 171 I I
MAR 11 199~
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VICTORIA L. FRANCART,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NUMBER II t- If Cl~.d It)? '/
vs.
MARTIN A. FRANCART,
Defendant
CUSTODY
ORDER OF COURT
AND NOW, upon consideration of the attached Complaint, it is
hereby directed that the parties and their respective counsel
appear before Samuel L. Andes, Esquire, the conciliator, at~5
North Twelfth Street, Lemoyne, PA, on the g201'lfjay of /lpr,'/,
1994, at ~ p. .M., for a Pre-Hearing Custody Conference. At
such conference, an effort will be made to r~Bolve 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.
BY THE COURT:
A~LL4 J}-nJM C~(.
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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.
COURT ADMINISTRATOR, 4th Floor
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717) 240-6200
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VICTORIA L. FRANCART,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
vs.
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Inr; &;"''..1 1'1'1,/
NUMBER
MARTIN A. FRANCART,
Defendant
: CUSTODY
COMPLAINT POR CUSTODY
NOW COMES the Plaintiff, VICTORIA L. FRANCART, by her
attorney, Charles E. Petrie, and respectfully represents as
followsl
1. Plaintiff is VICTORIA L. FRANCART, who currentlY resides
at 25 North View Drive, Carlisle, County of Cumberland,
Pennsylvania.
2. Defendant is MARTIN A. FRANCART, who currently resides at
9145 S.W. 72nd Avenue, #V-4, Miami, County of Dade, Florida.
3. Plaintiff seeks to have custody of JACQUELINE RUTH-MAE
FRANCART, born October 5, 1987; ABIGAIL MARIE-LYNN FRANCART, born
February 21, 1989; and LIZA LYNN-JOAN FRANCART, born October 1,
1991.
The children were not born out of wedlock.
The children are presently in the custody of Plaintiff, VICTORIA
L. FRANCART.
During the past five years, the children have resided with the
followin~ persons and at the following addresses I From March,
1989, until July, 1992, with Plaintiff and Defendant at Various
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addresses in the followin~ states I Florida, Vir~inia,
Pennsylvania, Iowa, California, and Wisconsin. From July, 1992,
until August, 1993, with Plaintiff at 6175 Hocker Drive,
Miami, Pennsylvania; from August, 1993, until the present at
25 North View Drive, Carlisle, Pennsylvania.
The mother of the children is VICTORIA L. FRANCART, who
currently resides at 25 North View Drive, Carlisle, Pennsylvania.
She is married.
The father of the children is MARTIN A. FRANCART, who currently
resides at 9145 S.W. 72nd Avenue, #V-4, Miami, Florida. He is not
married.
4. The relationship of the Plaintiff to the children is that of
mother. The Plaintiff currently resides with the children and with
her husband, Jerry Moyer.
5. The relationship of the Defendant to the children is that of
father. He currently resides with his girlfriend, Susan Cook.
6. The Plaintiff has not participated as a party or witness,
or in another capacity, in other litigation concerning the custody
of the children in this or in another court.
The Plaintiff has no information of a custody proceeding
concerning the children pending in a court of this Commonwealth.
Plaintiff does not know of a person not a party to these
proceedings who has physical custody of the children or who claims to
have custody or visitation ri~hts with respect to the children.
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7. The best interest and permanent welfare of the children will
be served by confirminy in Plaintiff custody of the children because
Plaintiff can better care for the children and provide a suitable
environment for the children.
8. Each parent whose parental rights to the children have not
been terminated and the person who has physical custody of the
children have been named as parties to this action.
WHEREFORE, Plaintiff requests the Court to grant to Plaintiff
custody of the children.
Respectfully submitted,
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CHARLES E. PETRIE
3529 Brisban Street
Harrisburg, PA 17111
(717) 561-1939
Attorney for Plaintiff
""--------
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
I verify that the statements in the foregoing Complaint are
true and correct. I understand that false statements herein are
made subject to the penalties of 18 Pa.C.S. 64904, relating to
DATE
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to .uthorit~
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I I L. FRANCART
unsworn falsification
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CHARLES E. PETRIE
^1TOIl."IY AT lAW
3529 BRISDAN STREET
HARRISBURG. I'ENNSYL VANIA 17111
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717-561-1939
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VICTORIA L. FRANCART,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
I CIVIL ACTION - LAW
vs.
NUMBER
1169 CIVIL 1994
MARTIN A. FRANCART,
CUSTODY
Defendant
ORDER
AND NOW, this "2",,:1 day of r')",(....O ' 1994, upon
consideration of the within Motion and stipulation, it is hereby
Ordered as follows:
1. That primary physical custody of JACQUELINE RUTH-W.E
FRANCART, born october 5, 19B7; ABIGAIL MARIE-LYNN FRANCART, born
February 21, 19B9; and LIZA LYNN-JOAN FRANCART, born October 1,
1991, shall be and remain with their mother, VICTORIA L. FRANCART.
2. Each of the parties agrees that he or she shall exert
every effort to maintain free access and unhampered contact
between the children and the other parent and to foster a feeling
of affection between the children and the other parent. Neither
parent shall do anything that would estrange the children from the
other, that would injure the opinion of the children as the
children's mother or father, or that would impair the natural
development of the children's love and respect for each of the
parents. At all times, the parents shall strive for a working
relationship in the best interest of the children. The parents
shall also restrain other persons from denigrating the other
parent in the presence of the children.
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3. Each parent a~rees to allow open, but reasonable, right
of telephonic communication with their children.
4. It is agreed that the "Nother," VICTORIA L. FRANCART,
shall be the primary residential parent and the "Father," NARTIN
A. FRANCART, shall have liberal visitation to include but not be
limi ted to I
a. Two (2) weeks each year during school summer
vacation are to be arranged with sixty (60) days advance notice by
the non-residential parent.
b. The primary residential parent (mother) shall give
the non-residential parent (father) sixty (60) days' notice of
vacations or special plans for the child to avoid planning
conflicts.
c. special Holidays: In even-numbered years, "Father"
has the first half of Christmas vacation with the children and in
the odd-numbered years the second half of Christmas vacation until
the children reach the age of majority.
d. Said visitations with the non-residential parent
shall be at the exclusive expense of the non-residential parent
and the non-residential parent shall continue to pay child support
to the residential parent during this time.
e, If the non-residential parent does not plan to
exercise his visitation he must give the residential parent
(mother) thirty (30) days' advance notice.
f. Father shall not obtain medical or dental services
for the children without Mother's prior knowledge and consent.
The Father will be authorized to provide medical and/or dental
services under emergency situations.
g. It is further agreed that neither party shall remove
the children from the United States without prior written
permission of the other parent or by Order of the Court.
5. Upon receipt of same, the residential parent (mother)
shall provide copies of all school and medical records of the
children to the non-residential parent (father).
6. That the Court of Common Pleas of Cumberland County,
Pennsylvania, shall retain jurisdiction over this custody matter.
BY THE COURT:
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VICTORIA L. FRANCART,
Plaintiff
IN THE COURT OF CONMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
vs.
I NUMBER
1169 CIVIL 1994
MARTIN A. FRANCART,
Defendant
CUSTODY
MOTION
NOW COMES the Plaintiff, VICTORIA L. FRANCART, by her
attorney, Charles E. Petrie, and respectfully represents as
followsl
1. That Plaintiff is VICTORIA L. FRANCART, an adult
individual currently residing at 25 North View Drive, Carlisle,
County of Cumberland, Pennsylvania.
2. That Defendant is NARTIN A. FRANCART, who currently
resides at 9145 S.W. 72nd Avenue #V-4, Niami, County of Dade,
Florida.
3. That the parties are the natural parents of three minor
children, JACQUELINE RUTH-MAE FRANCART, born October 5, 1987;
ABIGAIL NARIE-LYNN FRANCART, born February 21, 1989; and LIZA
LYNN-JOAN FRANCART, born October I, 1991.
4. That the parties have entered into a Stipulation
concerning the matters of custody and visitation with respect to
the minor children, and the said Stipulation is attached hereto.
5. That the parties desire that said Stipulation be entered
as an Order of Court.
WHEREFORE, Plaintiff respectfully requests that Your
Honorable Court enter an Order pursuant to the attached
Stipulation.
Respectfully submitted
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CHARLES E. PETRIE
3529 Brisban Street
Harrisburg, Ph 17111
(717) 561-1939
Attorney for Plaintiff
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IN THE COURT OF COMMON PLEAS
aJt3ERlW COUNTY. PENNSYLVANIA
CIVIL ACTION - LAW
VICTORIA L. FRANCART.
Plaintiff
Numher: 1169 CIVIL 1994
vs.
CUSTODY
MARTIN A. FRANCART.
Defendant
STIPULATION
AGREEMENT made this ,,17/{ day of fipnl . 19....2!... hy and hetween
MARTIN A. FRANCART. hereinafter referred to as "father" and VICTORIA L.
FRANCART. hereinafter referred to as "mother."
WITNESSETH:
WHEREAS. the parties hereto are the natural parents of three (3) minor children:
Jacqueline Ruth-Mae Francart
Born: 10/05/87
Ahigail Marie-Lynn Francart
Born: 02/21/89
Liza Lynn-Joan Francart
Born: 10/01/91
and
WHEREAS. the parties have come to an agreement concerning the issues of
custody and temporary physical custody with respect to these children;
NOW THEREFORE. intending to he legally hound and intending that an Order
of Court he entered hy the Court of Common Pleas of OJIterlarxlCounty. Pennsylvania.
it is herehy agreed as follows:
WILLIAM G, NELSON. ATTORNEV AT LAW. SB2S SUNSET DRIVE, SUITE 302, SOUTH MIAMI. FLORIDA 33143
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Numher: 1169 CIVIL 94
1. That prim8ry physical custody of JACQUELINE RUTH-MAE FRANCART,
horn Octoher 5, 1987; ABIGAIL MARIE-LYNN FRANCART, horn Fehruary 21, 1989;
and L1ZA LYNN-JOAN FRANCART, horn Octoher I, 1991, shall he and remain with
their mother, VICfORIA L. FRANCART.
2. Each of the parties agree that Ihey shall exert every effort to maintain free
access and unhampered contact hetween the children and the other parent and to foster
a feeling of affection hetween the children and the other parent. Neilher parent shall do
anything which would estrange the children from the other, which would injure the
opinion of the children as the children's mother or father, or which would impair the
natural development of the child's love and respect for each of the parent~. At all
times, the parents shall strive for a working relationship in the hest interest of the
children. The parents shall also restrain other persons from denigrating the other parent
in the presence of the children,
3. Each parent agrees to allow open, hut reasonahle, right of telephonic
communication with their children.
4. II is agreed that the "mother", VICTORIA L. FRANCART, shall he the
primary residential parent and the "father", MARTIN A. FRANCART, shall have liberal
visitation to include hut not he limited to:
a. Two (2) weeks each year during school summer vacation
are to he arranged with sixty (60) days advance
2
WILLIAM G, NELSON, ATTORNEY AT LAW, 5825 SUNSET ORIVE, SUITE 302, SOUTH MIAMI, FLORIDA 33143
t-~.-'.~.>..'<.
Number: 1169 CIVIL
notice by the non-residenlial parent,
b. The primary residential parenl (mother) shall give the non-
residential parent (father) sixty (60) days notice of
vacations or special plans for the child 10 avoid planning
contlicL~.
c, Special Holidays: In even-numhered years, "father" has the
first half of Christma~ vacation with the children and in
the odd-numbered years the second half of Chrislma~
vacation unlil the children reach the age of majority,
d. Said visitations with the non,residential shall he at the
exclusive expense of the non-residential parent and the
non-residential parent shall continue to pay child support
to the residential parent during this time.
e, If the non-residential parent doesn'l plan 10 exercise his
visitation he must give the residential parent (mother)
thirty (30) days advance notice.
f. Father shall not ohtain medical or dental servicc.~ for the
children without Mother's prior knowledge and consent.
The Father will be:
3
WILLIAM G, NELSON. ATTORNEY AT LAW, SB2S SUNSET ORIVE, SUITE 302, SOUTH MIAMI, FLORIDA 33143
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Number 1169 Civil 94
authorized to provide medical 8nd/or dental services under emergency
situations,
g. It is further agreed that neither party shall remove the children from
the United States without prior wrillen permission of the other parent
or by Order of the Court.
5, Upon receipt of same, the residential parent (mother) shall provide copies of
all school and medical records of the children to the non-residential parent (father).
6, That the Court of Common Pleas of ClrrI:erlarIl County. Pennsylvania, shall
retain jurisdiction over this custody mailer.
IN WITNESS WHEREOF, the parties have hereunto set their hand 8nd seal this
day and year first above wrilten.
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Witness
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MARTIN A. FRANCART
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Witness
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WILLIAM G, NELSON. ATTORNEY AT LAW, 5825 SUNSET DRIVE, SUITE 302. SOUTH MIAMI. FLORIDA 33143
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VICTORIA L. FRANCART,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
vs.
1169 CIVIL 1994
NUMBER
MARTIN A. FRANCART.
Defendant
CUSTODY
ORDER
AND NOW, thi s :;J..".)...day of (71 ~
, 1994, upon
consideration of the within Motion and Stipulation, it is hereby
Ordered as followsl
1. That primary physical custody of JACQUELINE RUTH-MAE
FRANCART, born October 5, 1987; ABIGAIL MARIE-LYNN FRANCART, born
February 21, 1989; and LIZA LYNN-JOAN FRANCART. born October 1,
1991, shall be and remain with their mother, VICTORIA I.. FRANCART.
2. Each of the parties agrees that he or she shall exert
every effort to maintain free access and unhampered contact
between the children and the other parent and t.o foster a feeling
of affection between the children and the other parent. Neither
parent shall do anything that would estrange the children from the
other, that would injure the opinion of the children as the
children's mother or father, or that would impair the natural
development of the children's love and respect for each of the
parents. At all times, the parents shall strive for a working
relationship in the best interest of the children. The parents
shall also restrain other persons from denigrating tho other
parent in the presence of the children.
I
PLAINTIFF'S
IBIT
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3. Each parent a~rees to allow open, but reasonable, right
of telephonic communication with their children.
4. It is agreed that the "Mother," VICTORIA L. FRANCART,
shall be the primary residential paront and the "Father," HARTIN
A. FRANCART, shall have liberal visitation to include but not be
l1.m I ted to,
a. Two (2) weeks each year during school summer
vacation are to be arranged'with sixty (60) days advance notice by
the non-residential parent.
b. The primary residential parent (mother) shall give
the non-residential parent (father) sixty (60) days' notice of
vacations or special plans for the child to avoid planning
conf Ucts.
c. Special HOlidays, In even-numbered years, "Father"
has the first half of Christmas vacation with the children and in
the odd-numbered years the second half of Christmas vacation until
the children reach the age of majority.
d. Said visitations with the non-residential parent
shall be at the exclusive expense of the non-residential parent
and the non-residential parent shall continue to pay child support
to the residential parent during this time.
e, If the non-residential parent does not plan to
exercise his visitation he must give the residential parent
(mother) thirty (30) days' advance notice.
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f. Father ahall not obtain medical or dental services
for the children without Hother's prior knollledge and consent.
The Father will be authorized to provide medical ~nd/or dental
services under emergency situations.
g. It is further agreed that neither party shall remOVD
the children from the Unitod States without prior written
permission of the other parent or by Order of the Court.
5. Upon receipt of same, the residential parent (mother)
shall provide copies of all schaal and medical records of the
children to the non-residential parent (father).
6. That the Court of Common Pleas of Cumberland County,
Pennsylvania, shall retain jurisdiction over this custody matter.
BY THE COURTI
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SWllllel Alllde.I' c.~!S.(?> .
41h Floor, Cumberlwul County Courlhouse
Carlisle,!'A 17013
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/Jear Air, "mdes,
I lwei culled your aJ.(I'1I1)' amI I was loltllll semI you a leller with reJ.(ardl'lo problellls I
tIIll havinJ.( wilh myfimner II'ili!, Vicloria Francurl. I have nol seen or ,Ipoken 10 my
dliltlren,l'ince AUJ.(usl 1!f1994. I tlllI elldo.l'inJ.( a mpy l!flhe CUsltll(I' aJ.(f'eelllell/ fill' your
review. I hal'/! Iried repealinJ.(l)' 11I.lpeak 11111I)' killl'. I alii eXlremel)' concerned aboul
Ihem. My fiJrmer wife ,vimp(I' refilses 10 J.(ive lIIe a mealls of commllllicalion and I am
afraid as lime J.(oes b)', 11I.1' chiltlrenwilllhink I haw abamloned Ihelll alld do nol care
aholt/ Ihem, Alii have is a posloj.fice box. I have .Ipellllllllldredv of dollars on allof'1ley:v
fies ,I'imp(I' IryillJ.( 10 oblain a plullle nUlllber. Nt JONI:' is able 10 help. I dOIl'1 have Ihe
lIIolley IlIsed III hal'/! amI cali/wi ajJiml allorne)'s WI)' ItIllJ.(er, Furlher, iI is III)' righllo
have contacl wilh II~I' childreJl. I am Iheir falher.
III Altgusl 1!f94 I was jillal(I', 1!/i", a alljillleJ.(al hallh', able III have my killl' clime down
10 vlsilllle, II had beelllwlI years sint'e I huve seenlhem. Allhallillle, bOlh hadfimale
illfet'/ions. 71zc:y itdzc:d.m hudly Ihe)' were ill all:{1I1 di.I'ctJ/lifiJrl. 71zc:ir elolhes smelled
lerrible, I had 10 lake Ihem 10 Ihe slore 10 buy Ihem new cfO/hes alld slwes und
ullderlhing.I'. I also dumped Iheir elllire suitcase illlo Ihe wu,\hinJ.( lIIachine und wu,\hed
Ihe cfolhes Ihey did brinJ.(. 71ley lalkeel of pmblellls willllhe lIIallll(J' ex-wife wa,\ lIIurried
10 allhallillle, 71le babysil/er called,from !'enJl.~vlvania.\lalinJ.( Ihul n~v ex-wife had left
11I.1' cfliltlrenll'ith Izc:rjilr days amI IIlIce .\Iwwed III' .I"tlllles,\ed up Ihal she pas,\ed oul 1111
Ihe balhroomjlaor ami did 11111 cOllie 10 ulllillhe nexl day. 71le hahysilll'r Will/led In
reporl her bUI n~v ex-wife Ihreulened her, MI'. Francarlhad deslroyed Ihe properly of
people inlhe neiJ.(hhorluwd II'helllhey lIIade lrouble fill' her umllhe habysil/er II'a.\
ajraid Sillce AUJ.(u,\1 r!f94, my e.r-wife had lIIoved Iwice more. She leji behind a hugh
debl uml moved 10 uuolher m/lllly wilhllUI payinJ.( Ihelll. ;I,(v children are t'll/lslalll(V
beillg uprooled alld pulled 011I l!fscfwol ami plat'eel illlo yel tIIwlher selwIII. 71ley hal'/!
IW rotJ/s or slahilily. N(V cuslody agreelllelll slales Ihall Ullllo have tlllletll/.\ 10 contacl
my childrell:\ leuchers tlllhey ,\duwll/zc:y allelld, I~(V middle dauJ.(hler, Abbey is
(,(//l.l/al//(I' gellillJ.( broken hOlies amI illiuries. I hael mllltlCled HRS illl'elll/.lyl\,{/lIiajilr
help bUllhey said Ihey would 1101 do allylhillJ.(. I am willinJ.( 10 drive up Ihere myselflll
Iry 10 J.(el help blllllulI'e 110 idl'a where she lil'es III' hilII' 10 reach h", III' who IlIlalk 10.
I have plume numbers ulld leller,l' ami I can prove Ilwsl l!fmy alleJ.(atiolls.
t'^"'
I hal'e heel/everJ~I'here I ml/lhil/k '!tlo Iry 10 ~el help wilh Ihi,\', Meal/while. lilY
children Ihink Iheir falher has ahandoned Ihem, Please help me wilh Ihis ancllell me
whll/IO do, nil! few people I have 'IfJtJken 10 slaled Ihal her di.l'uppearin~ with my kid.v is
"/J/lsidered kidr/Clppin~. I really clon'lwl//lllo ~el illlo a 1I~/yjighl, AliI wanl is 10 be
ahle 10 see and lalk 10 my kid.v and 10 lellhem know Ihall care abolll/hem. I also want
10 make sllre Ihllllhey are alrighl,
I am allXiollsly awaiting IlII allSwer on whallo clO. My mailin~ address is;
Marlill A, Frallmrl
PO Box 486
Chipley. fo1orMa 32428
Plume; (9(14) 773-1231
I IlILriollsly await YOllr reply. Anyaclvice or ~1Ii1dence YOII are able 10 gil'l! me wOllld be
greallyapprecialed.
il;:;if~
Marlin A. Francarl
Case no.: 1/60
Cllmher/and COllllly
MAFlpc
End
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VICTORIA L. FRANCART,
Plaintiff
IN THE COURT OF CONNON PLEAS OF
CUMBERLAND COUN'I'Y, PENNSYLVANIA
CIVIL ACTION - LAW
vs.
NUMBER
1169 CIVIL 1994
MARTIN A. FRANCART,
De fondant
CUSTODY
ORDER
AND NOW, this tJ.,.)...day of 1714.cr
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consideration of the within Motion and Stipulation, it is h~reby
Ordered as follows I
1. That primary physical custody of JACQUELINE RUTH-MAE
FRANCART, born October 5. 1987; ABICAIL MARIE-LYNN FRANCART, born
February 21. 1989; and LIZA LYNN-JOAN FRANCART. bor~ October t,
1991, shall be and remain with their mother. VICTORIA L. FRANCART.
2. Each of the parties agrees ttat he or she shall exert
every effort to maintain free access and unhampered contact
between the chiLdren and the other parent and to fostor a foeling
of affection between the children and the other parent, Neither
parent shall do anything that would estrange th~ chiJdr~n from the
other. that would injure the opinion of the children as the
children's mother or father. or that W0111d tmpatr the natural
development of the children's love and respect for each of the
parents, At all t1mes, the parents shall strive for a working
relationship in the best interest of the children. 'rhe parents
shall also restrain other persons from denigrating tho ot~er
parent in the presence of the children.
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3. Each parent a~rees to allow open, but reasonable, right
of telephonic communication with their children.
4. It is agreed that the "Mother," VICTORIA L. FRANCART,
shall be the primary residential parent ilnd the "Fa thel'," HARTIN
A. FRANCART, sllall have liberal visitation to include but not be
Hmi ted to I
a. Two (2) weeks each year during school summer
vacation are to be arranged with sixty (60) days advance notice by
the non-residential parent.
b. The primary r~sidential parent (mother) $l1all give
the non-residential parent (father) sixty (60) ctay&' notice of
vacations or s~ecial plans for the child to avoid pla~niny
conf licts,
c. Speci,11 Holidays I In even-numbered yuars, "~'atl.Qr"
has the first half of Christmas vacation with the children and in
the odd-numbered years the second half of Chrt~tmas vacation until
the children reach the age of majority.
d. Said visitations with the non-re~ldentia1 parent
shall be at the exclusive expense of the non-residential parent
and the non-residential parent shall continue to pay child support
to the residential parent during this time.
e, (f the non-residential parent does not plan to
exercise his visitation he must give the residential parent
(mother) thirty (30) days' advance notice.
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f. Father shall not obtain medical or dental services
for the children without Kother's prior knowledge and consent.
The Father will be authorized to provide medical ~nd/or dental
services under emergency situations.
g, It is further agreed that neither party shall removo
the children from the United Statas without prior written
permission of the other parent or by Order of the Court.
5. Upon receipt of same, the residential parent (mother)
shall provide copies of all school and aedical records or the
children to the non-residential parent (father).
6. That the Court of Common Pleas of Cumberland County,
Pennsylvania, shall retain jurisdiction over this custody matter.
BY THE COURTI
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VICTORIA L. FHA~CART,
Plaintiff
I IN TilE COURT OF COmlON pr.RAS 01'
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
vs.
NUMl3Er<
11(:,9 CIVIL 1994
MARTIN A, FHANCART,
Defendant
CUSTODY
MOTION
NOW COHRS the Plaintiff, \'ICTORI!\ L, FR/\NCAR1', by hor
attorney, Charles E. Petrie, and respectfully re?resonts as
fo11o\ls:
1. That Plaintiff is VICTORIA L. FRANCART, an adult
individual currently residing at 25 North View Drive, Carlisle,
County of Curnberl~nd, Pennsylvania.
2. Th'IL Defendant I:; N,\RTIN ,\. FRAN~ART, 1>1:0 clln:entlj'
residus at 91'1:' S.I~. 72nd Avenue ~t\'-4, Hiami, County of !Jade.
Flor ida.
3, That the parties are the natural parents of throo minor
C'h 11 dren. J ,\(~QlJF.r.1 :I!F; HUTIl-~l!\E FRANC,\RT, born Dc tober 5, 19B7;
AIlIGAIL HARlE-LYNN FRANCART, born February 21. 1909; and LIZiI
LYNN-JOAN FR!\NCilRT, born October :, 1991.
'l. That the parties have entered into a Stipulation
concerning the matters or custody and visitation with respect to
the minor children, and the said StipUlation is attached hereto,
5. That the parties desire that said StipUlation be entered
&~ an Order of Court,
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WHEREFORE, Plaintiff respectfully requests that Your
Honorable Court enter an Order pursuant to the attached
Stipulation.
Hespeccfully submitLed
"
/ ;..Gl~' ,.~/d:.;
CHARLES E. PETRIE
3529 Rrisban Street
Harrisburg, Ph 17111
(717) 561-1939
Attorney for Plaintiff
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IN THE COURT OF COMMON PLEAS
0l1mA'D COUNTY. PENNSYLVANIA
CIVIL ACTION - LAW
VICTORIA L, FRANCART,
Plainliff
Numhcr: 1169 CIVIl. 1994
\'S.
CUSTODY
MARTIN A. FRANCART,
IJefcndam
STU'ULATION
AGREEMENT mude this .; 71i day of
19ft,../ ,,19...2L. hy and helwcen
MAlfrlN A. FRANCAlrr, hcn~inuflcl referred 10 as 'falher" and VICTOI~J^ J..
FRANCART, hercinafter rcfcrred 10 as "molher."
WITNESSETH:
WHEREAS, Ihc parties lu..n~hl Ul'\~ the nalural parents of Ihrcc (3) minor childrcn:
Ja~qut:line RUlh, Mae Flall~1lI1
Born: 10105/87
Ahigail Maric-Lynll Francart
Dom: 02/21/89
Lila Lynn.Joan Franc;1I1
Dom: 10/01/9\
and
WHEREAS, Ihe panics ha\'c come \0 an agn!cment ,:ollcerning thc issues of
cuslody and IClllpulary physical cusludy wilh respcct to Ihese childrcn;
NOW THEREFORE, intcnding to hc legally hound and intcnding Ihat an Order
of Cuurt be cnWrcl! hy Ihe Court of Common Picas of 0Jtter1an:lCounly, Pennsylvania,
it is hcrehy agreed as follows:
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NUl1lh~r: ) 169 CIVIL 94
\. That primary physical cusllldy uf JACQUELINE RIlTH,MAE FRANCAln,
hurn Oclllher 5, 1987; ABIGAIL M^I~IE.L YNN FRANCART, hum Fehruar)' 21, IlJ8!J:
and L1ZA LYNN.JOAN FRANCAR1', hurn Octohel I, 1991, shall he ami rcmain with
Iheir mllther, VICTORIA J.. FJtANCART.
2. Each of the panies agree thut thl'y shall exerl ev~r)' efflln III maintain free
access and unhampered contact he tween the childr~n and lhe olher (larent and hI fuster
a feeling Ill' affectilln hetween thl.' childrl.'lI and Ihe uther parelll. Neither parcnt shall U(I
anything which wlluld estrange the children from the other, which w(luld injure the
(lpinion of tile children as Ihe children's muther ur fUlher, (II' which would impair the
natural develllpment Ill' the child's Illve and respel.'l fill' each Ill' the parents. At all
limes, the parents shall strive fur a working relationship in Ihc hest imcrest III the
l'hlldren, The parents shall also reslrain otller persons from denigrating thl: uther pinenl
in the presence of the children.
3. Each parelll agrees III alll'w upen, hUI reasonahle, righl (If teleph(lnic
communication with Iheir children,
4. It is agreed that the "mother", VICTORIA J., FRANCART, shall he Ihe
primary residelllial parelll and the "father", MARTIN A. FRANCAR1', shall have liberal
\'isilalion to include bul nol he limited 10:
a. Two (2) weeks each year during SChlll)1 slimmer vacali,lIl
arc 10 be arranged with sixly (60) days advance
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notice hy the nlllHc.~illenlial parent.
h. The primary residt:nlial parent (muther) shall give the non-
residcntial parent (father) sixly (60) days 111 II ice uf
vacalions or spccial pluns fur the child to avuid planning
conlliets.
c. Speciul Holidays: In evcn-llIl1uhered years, "father" ha~ the
lirst half of Christll1a~ vacatj('n wilh the children ami in
the mld-numhered years the secund half of Chrislmas
vacatiun unlil the children reach the age uf lIlujurity,
d, Said visitatiuns with the nun-residential shall hl~ at the
exclusive ellpense Ill' the non,residentiul p:ucnt and the
11Im-residential parenl shall cuntinue to pay l~hild suppurt
III the residelllial parent during this time.
e, If the non-residential purent duesn't plan tll exercise hi~
visitatiulI lit: musl give the residential purent (lIluther)
thirty (30) days advance nutice,
f. Father shall not obtain medical ur dental services for the
children without Mothcr's prim knuwledge ami conselll
The Father will be:
3
WILLIAM G, NELSON. ...TfORNEY ...T L"'W, se2S SUNSET DRIVE, SUITE 302. SOUTH MIAMI. FLORID'" 33143
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Numhcr IHilJ Civil 94
aUlhuri7ed to providc mcdical and/lIr t1cnl:ll servlcc~ unclcr emergcney
snuatiuns,
g. II i\ further agreed Ihal neither party shall rClllow tile dlildren from
till' I nitcll S!.ltC\ withuut pliur wrillcn pellllbsinn III Ihe Illhcr parent
1)1' hy Urder of Ihe ClIUrt.
5, Upon rcccipl lit \amc. Ihe residcntial parent (mlllher) shall PI'Ol'ilk' COpil'\ ,II
;.11 scholll and IIIcdkal reclll'ds 01 the children h) thc nllll-residcntial parent (fallll'"
6. That Ille ("lUl'l 1'1' Cumlllon Picas uf Olil:erJarrl Counly. I'cllnsylval\lil. shall
retain jurisdiction nvel "
. ,Oldy mallcr.
IN WIU';ESS WUEI~EOI, lhe parties ha~e hereunlo set their h,1I1d .,,"1 ~cill 111IS
day and year lirst ahl)ve \Hillcn,
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MARTIN A. FRANCART
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WILLIAM G, NELSON ATTORNEV AT LAW, 5025 SUNSET DRIVE, SUITE 302, SOUTH MIAMI, FLORIDA 331013
,
*\hC\o~i~ L. Ff""'Y'lCAr-\-
Plaintiff
: IN 'rHS COUR'r OF COMMON PLEAS OF
:CUHBERLAND COUN'rY, PENNSYLVANIA
V
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:CIVIL AC'rION - LAW
q '""' -11(.,,\
:NO. CIVIL 19
:CUSroDY/VISX'rAUON
* 1'f'o..Y'\) 1'"1 II, "'-1((' '^ M ..-\-
t'"' Vl' ''-^1:Jefendant
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ORDER OF COURT
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AND NOW, this (date) , upon consideration of the
attached complaint, it is hereby directed that the parties and
their re:.:p,;c. ti ve counsel appear before (Y"(')(Y.I~~ 1('1'\ ~ I ~~. ,
the conc~).~ator, at ~ ,~. /8"I-h 5+ '\ :f::I,Q;;;:i iL_<.J __
on the G 'f" day of ' )V\"" , 19 , at l. M
M., for a Prehearing CtfStody 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 temporazy order. Either
party may bring the child who is the subject of this custody
action to the conference, but the child/children's attendance is
not mandatory. Failure to appear at the conference may provide
grounds for entry of a temp~rary or permanent order.
FOR 'rHB COUR'r:
By:
;!:~(t~~1 d g~'Il1# t'~J
ustody Conciliator
YOU SHOULD 'rAKE THIS PAPER ro YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO ro OR 'rELEPHONE 'rHE OFFICE
SET FOR'rH BELOW '1'0' FIND OU'r WHERE YOU CAN GET LEGAL HELP.
OFFICE OF THE COUR'r ADHINISTRA'1'OR
COURTHOUSE, FOUR'rH FLOOR
CARLISLE PA 17013
(717 )240-6200
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April 26, 1996
Thomas E. ChefCins, Esq.
Court Administrator
One Courthouse Square
Carlisle, PA 17013
Dear Mr. Cheffins,
I have petitioned to the Cumberland County Court with regard to my
custody agreement with my ex-wife (No 94-1169). A date was set for
next week for me to appear before Michael Bangs, Esq. I am unable to
attend due to financial hardship. I had contacted Mr. Bangs and he
advised me to repetition when I am able. While he stated that he would let
the court know, he asked me to contact you also.
Sincerely,
Martin A. Francart
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VICTORIA L. FRANCART,
Plaintiff
vs.
MARTIN A. FRANCART,
Defendant
AND NOW, this /3iL day of
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY.
PENNSYLVANIA
CIVIL ACTION. LAW
NO. 1169 CIVIL 1994
CUSTODY
ORDER
-"'n~ ' 1996, upon receipt of
the Conciliator's Report, it appearing that the Defendant/Petitioner failed to appear
at the conciliation conference despite the fact that he requested the conciliation
confarence and was given notice of the time and place of the conciliation by mail
and by telephone contact with the Conciliator, it is hereby ordered that his Petition
for Modification is dismissed and the Order entered by this Court dated 2 May
1994 shall remain in full force and effect.
Bradley L. Griffie, Esquire
Attorney for Plaintiff
Mr. Martin A. Francart. pro se
mlb
PLAINTIFFS
J ~BIT
BY THE COURT,
I.!> I rku.i.l <F, ..r.JI N i:J -
Harold E. Sheely, P.J.
, ,'ri\!Jr: ('r\py FROM RECORD
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Th' 13 it-
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VICTORIA L. FRANCART,
Plaintiff
vs.
MARTIN A. FRANCART,
Defandant
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)
)
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)
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
P.ENNSYL VANIA
CIVIL ACTION - LAW
NO. 1169 CIVIL 1994
CUSTODY
JUDGE PREVIOUSLY ASSIGNED: The Honorable Harold E. Sheely, P.J.
CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-Slb), the undersigned Custody Conciliator submits the
following report:
1. The pertinent information concerning the childlren) who islare) the
subject of this litigation is as follows:
NAME
Jacqueline Ruth-Mae Francart
Abigail Marie-Lynn Francart
Liza Lynn-Joan Francart
BIRTHDA TE
CURRENTLY IN
CUSTODY OF
5 October 19S7
21 February 19S9
1 October 1991
Plaintiff
Plaintiff
Plaintiff
, 2. A Conciliation Conference was held on 2 May 1996, and the following
individuals' were present: the Plaintiff and her attorney, Bradley L. Griffie, Esquire.
The Defendant did not appear.
3. Items resolved by agreement: See attached Order.
4. Issues yet to be resolved: See attached Order.
1
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5. The Plaintiff's position on custody Is as follows: See attached Order.
6. The Defendant's position on custody is as follows: See attached Order.
7. Need for separate counsel to represant children: None requested and the
Conciliator does not believe any Is necessary.
8. Need for Independent psychological evaluation or counseling: None
requested and the Concillator does not believe any Is necessary.
9. Other matters and comments: The Defendant filed this petition via letter.
The Defendant had also contact with the Conciliator by phone, and the Conciliator
indicated to him that he had to appear or that he had to have an attorney represent
him at the conciliation. Despite this contact, the Defendant did not appear.
Date: 7 May 1996
~ tLLcJ~(J.L# L. /Jh-'41
Micllael L. Bangs
Custody Conciliator
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VICTORIA L. FRANCART,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
MARTIN A. FRANCART,
Defendant
CIVIL ACTION - LAW
NO. 1169 CIVIL 1994
CUSTODY
ORDER
AND NOW, this ~ ,...c:t day of
9,.-L-
, 1996, upon receipt of
the Conciliator's Report, it appearing that the Defendant/Petitioner failed to appear
again at a conciliation conference despite the fact that he requested the conciliation
conference and was given notice of the time and place of the conciliation by mail, it
is hereby ordered that his Petition be dismissed and the Order entered by this Court
dated 2 May 1994 shall remain in full force and effect.
BY THE COURT,
J.JJ ~ E. 1.1,,~
Harold E. Sheely, P.J.
Bradley L. Griffie, Esquire
Attorney for Plaintiff
Mr. Martin A. Francart, pro se
TRUE COpy FROM RECORD
In Tnl'rnony whereof, I here unto set my hal)d
and the seal of said Court at Carlisle, Pa,
This ...~,!.~.. da~ Of,...G. .." ...,~ 19..~~
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PLAINTIFF's
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VICTORIA L. FRANCART,
Plaintiff
)
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 1169 CIVIL 1994
MARTIN A. FRANCART,
Defendant
CUSTODY
JUDGE PREVIOUSLY ASSIGNED: The Honorable Harold E. Sheely, P.J.
CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the
following report:
1, The pertinent information concerning the child(ren) who is(are) the
subject of this litigation is as follows:
NAME
BIRTHDA TE
CURRENTLY IN
CUSTODY OF
Jacqueline Ruth-Mae Francart
Abigail Marie-Lynn Francart
Liza Lynn-Joan Francart
5 October 1987
21 February 1989
1 October 1991
Plaintiff
Plaintiff
Plaintiff
2. A Conciliation Conference was scheduled for 6 June 1996, however
neither the Plaintiff and her Counsel nor the Defendant appeared.
3, Items resolved by agreement: See attached Order.
4. Issues yet to be resolved: See attached Order.
5. The Plaintiff's position on custody is as follows: See attached Order.
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6. The Defendant's position on custody is as follows: See attached Order.
7. Need for separate counsel to represent children: None requested and the
Conciliator does not believe any is necessary.
8. Need for independent psychological evaluation or counseling: None
requested and the Conciliator does not believe any is necessary.
9. Other matters and comments: This is the second time the Defendant has
filed a Petition with the Court Administrator requesting a conciliation and not
appeared. It is very apparent to the Conciliator that the Defendant is using the
system to harass or annoy his former spouse. While the Conciliator is aware that
the matters will be scheduled, it is important that the Court be aware of the abuse
of the system by the Defendant.
Date: 10 June 1996
~L~]lJLC1 L, b~~
Michael L. Bangs
Custody Conciliator
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VICTORIA L. FRANCART,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
MARTIN A. FRANCART,
Defendant
CIVIL ACTION - LAW
NO, 1169 CIVIL 1994
CUSTODY
AND NOW, this
ORDER
"1' r' I Q
"'-, '~day of ~~
, 1 996, upon receipt of
the Conciliator's Report, it appearing that the Defendant/Petitioner failed to appear
again at a conciliation conference despite the fact that he requested the conciliation
conference and was given notice of the time and place of the conciliation by mail, it
is hereby ordered that his Petition be dismissed and the Order entered by this Court
dated 2 May 1994 shall remain in full force and effect,
BY THE COURT,
"CLUV/,C . }1~
H' Id E, Shee y, P.J.
Bradley L. Griffie, Esquire
Attorney for Plaintiff
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Mr. Martin A. Francart, pro se
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VICTORIA L, FRANCART,
Plaintiff
vs.
)
)
)
)
)
)
)
)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
MARTIN A. FRANCART,
Defendant
CIVIL ACTION - LAW
NO. 1169 CIVIL 1994
CUSTODY
JUDGE PREVIOUSLY ASSIGNED: The Honorable Harold E. Sheely, P.J.
CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the
folloWing report:
1. The pertinent information concerning the child(ren) who is(are) the
subject of this litigation is as follows:
NAME
BIRTHDATE
CURRENTLY IN _
CUSTODY OF
Jacqueline Ruth-Mae Francart
Abigail Marie-Lynn Francart
Liza Lynn-Joan Francart
5 October 1987
21 February 1989
1 October 1991
Plaintiff
Plaintiff
Plaintiff
.
2. A Conciliation Conference was scheduled for 6 June 1996, however
neither the Plaintiff and her Counsel nor the Defendant appeared.
3. Items resolved by agreement: See attached Order.
4. Issues yet to be resolved: See attached Order.
5, The Plaintiff's position on custody is as follows: See attached Order.
1
6. The Defendant's position on custody is as follows: See attached Order.
7. Need for separate counsel to represent children: None requested and the
Conciliator does not believe any is necessary.
8. Need for independent psychological evaluation or counseling: None
requested and the Conciliator does not believe any is necessary,
9. Other matters and comments: This is the second time the Defendant has
filed a Petition with the Court Administrator requesting a conciliation and not
appeared. It is very apparent to the Conciliator that the Defendant is using the
system to harass or annoy his former spouse. While the Conciliator is aware that
the matters will be scheduled, it is important that the Court be aware of the abuse
of the system by the Defendant.
Date: 10 June 1996
Michael L. Bangs
Custody Conciliator
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VICTORIA L. FRANCART,
Plaintiff
vs.
I
I
I
I
I
I
I
I
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
MARTIN A. FRANCART,
Defendant
CIVIL ACTION - LAW
NO. 1169 CIVIL 1994
CUSTODY
ORDER
AND NOW, this I S Tfl day of fl'\iF, 1996, upon receipt of
the Conciliator's Report, it appearing that the Defendant/Patitloner failed to appear
at the conciliation conference despite the fact that he requested the conciliation
conference and was given notice of the time and place of the conciliation by mail
and by telephone contact with the Conciliator, it is hereby ordered that his Petition
for Modification is dismissed and the Order entered by this Court dated 2 May
1 994 shall remain in full force and effect.
BY THE COURT,
fI ~1 (--: . 2/r-
liar Id E. She Iy, P.J.
Bradley L. Griffie, Esquire
Attorney for Plaintiff
c.<>t..c:.~ rw-<:<J<.t ,')/13/9'"
,&.6',
Mr. Martin A. Francart, pro se
mlb
t....;...~....~,...
. .
VICTORIA L. FRANCART,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs,
MARTIN A. FRANCART,
Defendant
CIVIL ACTION - LAW
NO. 1169 CIVIL 1994
CUSTODY
JUDGE PREVIOUSLY ASSIGNED: The Honorable Harold E. Sheely, P.J.
CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the
following report:
1, The pertinent information concerning the child(ren) who is(are) the
subject of this litigation is as follows:
NAME
BIRTHDA TE
CURRENTLY IN
CUSTODY OF
Jacqueline Ruth-Mae Francart
Abigail Marie-Lynn Francart
Liza Lynn-Joan Francart
5 October 1987
21 February 1 989
1 October 1991
Plaintiff
Plaintiff
Plaintiff
2. A Conciliation Conference was held on 2 May 1996, and the following
individuals were present: the Plaintiff and her attorney, Bradley L. Griffie, Esquire.
The Defendant did not appear.
3. Items resolved by agreement: See attached Order,
4. Issues yet to be resolved: See attached Order.
1
. .
5. The Plaintiff's position on custody is as follows: See attached Order.
6. The Defendant's position on custody is as follows: See attached Order.
7. Need for separate counsel to represent children: None requested and the
Conciliator does not believe any is necessary.
8. Need for independent psychological evaluation or counseling: None
requested and the Conciliator does not believe any is necessary.
9. Other matters and comments: The Defendant filed this petition via letter.
The Defendant had also contact with the Conciliator by phone, and the Conciliator
indicated to him that he had to appear or that he had to have an attorney represent
him at the conciliation. Despite this contact, the Defendant did not appear.
Date: 7 May 1996
\11L17b/J
Michael L. Bangs
Custody Conciliator
2
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VICTORIA L. FRANCART,
Plaintiff
vs,
)
)
)
I
I
I
)
)
CUSTODY
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
MARTIN A. FRANCART,
Defendant
CIVIL ACTION - LAW
NO. 1169 CIVIL 1994
AND NOW, this
ORDER
Jl/.....l day of
9'~'U- ,1996, upon receipt of
the Conciliator's Report, it appearing that the Defendant/Petitioner failed to appear
again at a conciliation conference despite the fact that he requested the conciliation
conference and was given notice of the time and place of the conciliation by mail, it
is hereby ordered that his Petition be dismissed and the Order entered by this Court
dated 2 May 1994 shall remain in full force and effect.
BY THE COURT,
,.
/.~ I 7,,h,'1 "-fA_I.' .-di.,ue..;.
Harold E, S~eely, P,J. '
Bradley L. Griffie, Esquire
Attorney for Plaintiff
Mr, Martin A. Francart, pro se
TRUE COpy FROM RECORD
In T srlllollY whereof, I here unlo scl my hand
and t1,~ sEal of said Court al Carlisle, Pa.
Il1is ..~I::~!.., day oL.~/",,,,-.., 19..2,~
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VICTORIA L. FRANCART,
Plaintiff
vs.
)
)
)
)
)
)
)
)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
MARTIN A, FRANCART,
Defendant
CIVIL ACTION - LAW
NO. 1169 CIVIL 1994
CUSTODY
JUDGE PREVIOUSLY ASSIGNED: The Honorable Harold E. Sheely, P.J.
CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-Slb), the undersigned Custody Concllletor submits the
following report:
1. The pertinent information concerning the childlrenl who Is (ore) the
subject of this litigation is as follows:
NAME
BIRTHDA TE
CURRENTLY IN
CUSTODY OF
,.
Jacqueline Ruth-Mae Francart
Abigail Marie-Lynn Francart
Liza Lynn-Joan Francart
I
5 October 19S7
21 February 1 9S9
1 October 1991
Plaintiff
Plaintiff
Plaintiff
2. A Conciliation Conference was scheduled for 6 June 1996, however
neither the Plaintiff and her Counsel nor the Defendant appeared,
3. Items resolved by agreement: See attached Order.
4, Issues yet to be resolved: See attached Order,
5. The Plaintiff's position on custody Is as follows: See attached Order.
1
,~'~-.... .., ~"',,. .
6. The Defendant's position on custody is as follows: Saa attached Order.
7. Need for separate counsal to represent children: None requested and the
Conciliator does not beliave any is necessary.
8, Need for indepandent psychological evaluation or counseling: Nona
requasted and the Conciliator does not believe any is necessary.
9, Othar matters and comments: This is the second time the Defendant has
filed a Petition with the Court Administrator requesting a conciliation and not
I
appeared. It Is very apparent to the Conciliator that the Defendant is using the
system to harass or annoy his former spouse. While the Conciliator is aware that,
the matters will be schadulad, it Is important that the Court be aware of the abuse
of the system by the Defendant.
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Michael L. Bangs
Custody Conciliator
O~
Date: 10 June 1996
'~
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2
*
:IN THB COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
V ILhTi'l L, Fr.,nrR('" Plaintiff
V
.
.
:CIVIL ACTION - LAW
.
. , ,
:NO. 'i'Ll-fib I CIVIL
:CUSTODY/VISI-TATION
19
*
/Yhthn A, H,ne..' r
Defendant
ORDER OF COURT
F.t' b ,~, \(1'1(,.
AND NOW, this (date) , upon consideration of the
attached complaint, it is hereby directed that the parties and
their respective counsel appear before ,
the conciliator, at :-
on the --=zth.....:.day of , 9 "I <. , at , "'I
M., for a Prehearing 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 temporazy order. Bither
party may bring the child who is the subject of this custody
action to the conference, but the child/children's attendance is
not mandatozy. Failure to appear at the conference may provide
grounds for entry of a temporary or permanent order.
FOR THE COURT:
By: ~:d:r;I!:'nc~~' ~.ie
YOU SHOULD TAKE THIS PAPBR 'l'O YOUR LAWYER AT ONCB. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELBPHONE THB OFFICB
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GBT LEGAL HELP.
OFFICE OF THE COURT ADMINISTRATOR
COURTHOUSE, FOURTH FLOOR
CARLISLE PA 17013
(717) 240-6200
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JUL 0 8 1006 pt...-
June 28,1996
Michael Bangs, Esq.
302 South 18th Streel
Camp Hill, Pennsylvania 17011
Dear Mr. Bangs,
I am deeply concerned aboul a document which I received from the courts of
Cumberland County. This document claims thaI I had requested a second petition to
the court regarding my ex-wi(e. It also slates that I am "using the system to harass or
annoy my former spouse". The only letter which I senl was the first one which I was
requesting help becausa my ex-wife had moved and refused to let me know where my
children were. I had cancelled that hearing both In writing to Thomas Cheffins and by
calling your office. If there Is any proof that I had requested this second petition, I would
like this information sent to me immediately.
I take these accusations very seriously. I am presently helpless to be blamed for such
behavior, I can prove through my phone bills that I DID NOT request any more court
dates. In fact, I told you through my last letter that I am broke and cannol afford to gel
up to Pennsylvania to take care of some serious issues involving my children thaI have
been going on for a very long time.
Also, I never recieved any documentation aboul a new time or date for a new hearing to
begin with. Had I recleved one I would of been able to straighten this oul from the slart,
NO letters ever came from the Courts of Pennsylvania informing me of a new hearing.
This letter regarding the second hearing that I failed to attend Is the first I even heard
that such an Incident occurred, In facl, I told you in my last letter thaI I would let you
know when I would be able to pelitlon to the court again, To date, I had not requested
,. anolher petition.
Please be Informed, I do not play games, I do nol, under any circumstances use the
court to harass my former wife or abuse the system in any way. She does a good job of
that on her own.
I demand that this leller be placed in my file along with some form of documentation that
a mistake has been made. I have been falsely accussed of something I did not do. I
would like to know how I can correclthis. I would like to know who requested this
second petition since I did not. I would like all documenls sent 10 me involving this
matter. I will NOT take party to this game. How may I go aboul having an investigation
done to correct this.
Also, it is obvious that Issues were discussed withoul my being present. I would also like
all documents which are pertient to my case to be mailed to me. I have recieved no
allached orders. Please mail all attached orders 10 me as soon as possible.
!::-..~....".~ ""~<!t"''''_
Again, I am deeply concerned about the most recenllncldents which have occurred,
Please Inform me how to correct them so that my Innocence may be apparent. Further,
all future correspondence will be wriUen by feUer In order to prevent any further
confusion or problems.
Regretrully, ~
1Ik:~{s qpc""'~'UC-
Martin Francart
No. 1169 Civil 1994
MAF/sc
Encl
CC: Thomas E, Cheffins, Esq,
Court Admlnlslrator
Both rellers sent via certified mail
CC: file
.'
PRACIPE
Please withdraw my appearance previously entered on behalf
of the above-named Plaintiff, Victoria L. Francart.
VICTORIA L. FRANCART, . IN THE COURT OF COMMON PLEAS
.
plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
.
.
vs. CIVIL ACTION - LAW
.
.
MARTIN A. FRANCART, . NO. 1169 CIVIL 1994
.
Defendant CUSTODY/ VISITATION
Date: .hl/~7
~-et:/~
Charles E. Petrie, Esquire
Please enter my appearance on behalf of the above-named
Plaintiff, Victoria L. Francart.
Date: ?J17?
(
~e, ire
over Street
C sle, PA 17013
(717) 243-5551
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CHARLES E. PETRIE
NAA J. 7 199"lfY
AnoR.\1!.Y AT l-\W
3528 BRISBAN STREET
HARRISBURG, PENNSYLVANIA 17111
.
.,
.
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VICTORIA L. FAANCART,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NUMBER 1169 CIVIL 1994
CUSTODY
vs.
MARTIN A. FAANCART,
Defendant
ORDER OF COURT
AND NOW, upon consideration of the attached Petition, it is
hereby directed that the parties and their respective counsel
appear before \-\. )lyr-\ 'I. . (;1 Icc,-/. ~It[" the conciliator, at ~fRN c.
Qf'I,(\\'l\\-q-'<l\~\Crll\\'1 Ch rl~Yn'S.(" " on the d2>l'\<\ day of
~' 199~, at ~~~.H" for a Pre-Hearing Custody
Conference. At such conference, an effort will be made to
resolve the issues in disputR; or if this cannot be accomplished,
to define and narrO\1 the iSSll':'S 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.
BY THE COURT:
YOU SHOULD TAKE THIS
1-it l (t~LJ/ ,~ Y a~ tI:D)
PAPER TO YOUR LAWYER AT ONCE. I YOU'
DO NOT HAVE A LAWYER OR Cl\.NNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BE~:J\'I TO n::.., GUT 11HERE YOU CAN GET LEGAL HELP.
COURT 1\[JtnNl~;'l'd\.TOj\, '1th Floor
CUMBSRL!\l'!U '';,;'_':-!'1'Y ('O:)'JRTHOUSE
CF.RLlSLi::, PPHI;:YLV!'.NIA 17013
TELEPHONE NUN:;;::,,; (71'1) 240-6200
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VICTORIA L. FRANCART,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
vs.
NUMBER: 1169 CIVIL 1994
MARTIN A. FR1\J-1CART,
Defendant
CUSTODY
PETITION TO MODIFY CUSTODY ORDER
NOW COME::;, the Plainti ff, VICTORIA L. FAANCART, by and
through her attorney, Charles E. Petrie, and respectfully
represents as follows:
1. That Plaintiff is VICTORIA L. FRANCART, who currently
resides at R,D. 2, Newport, County of Perry, Pennsylvania.
2. That Defendant is HARTIN A. FAANCART, who currently
resides at P.l. Box 486, Chipley, County of Washington, Florida.
3. That on May 2, 19~4, an Order of Custody was entered by
the Honorable Harold E. Sheely, a copy of which is attached
hereto.
4. ThaI Plaintiff desires to amend said Order as follows:
a. Defendant has not seen the children since 1994, and
has never SEt::l the youngest child. Prior to Defendant's
exercising hl:; rights under paragraph 4 (a) and (c) of the Order,
Defendant shculd re-acquainc himself with the children by
spending tim,' \1ith them in Pennsylvania. These visits should be
not fewer th,,,, three in number.
Respectfully submitted,
WHEREFORE, Plaintiff respectfully requests that Your
Honorable COll!~t amend the custody Order as set forth in paragraph
4(a) hereinal0ve.
o<r".. ~ C~~ ~
CHARLES E. PETRIE
3528 Brisban Street
Harrisburg, PA 17111
(717) 561-1939
Attorney for Plaintiff
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
I verify that the statements in the foregoing Petition are
true and correct. I understand that false statements herein are
made subject to the penalties of 18 Pa.C.S. Section 4904,
relating to unsworn falsification
DATE
)/,)/97
~~
v
v
~i ,00
. .
.
VICTORIA L. FRANCART,
Plaintiff
I~ THE COURT OF COMMO~ PLEAS OF
CUMBERLA~D COU~TY, PE~~SYLVANIA
CIVIL ACTION - LAW
vs.
MARTIN A. FRANCART,
~UHBER
CUSTODY
1169 CIVIL 1994
Defendant
ORDER
AND NOW, this :J.nJ...day of ""P1 OCr
, 1994, upon
consideration of the within Motion and Stipulation, it is hereby
Ordered as follows!
1. That primary physical custody of JACQUELINE RUTH-MAE
FRA~CART, born October 5, 1987; ABIGAIL MARIE-LYNN FRANCART, born
February 21, 1989; and LIZA LYN~-JOA~ FRANCART, born October 1,
1991, shall be and remain with their mother, VICTORIA L. FRANCART.
2. Each of the parties agrees that he or she shall exert
every effort to maintain free access and unhampered contact
between the children and the other parent and to foster a feeling
of affection between the children and the other parent. Neither
parent shall do anything that would estrange the children from the
other, that would injure the opinion of the children as the
children's mother or father, or that would impair the natural
development of the children's love and respect for each of the
..
parents. At all times, the parents shall strive for a working
relationship in the best interest of the children. The parents
shall also restrain other persons from denigrating the other
parent in the presence of the children.
~
~
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.
3. Each parent a~rees to allow open, but reasonable, right
of telephonic communication with their children.
4. It is agreed that the "Mother," VICTORIA L. FR^~C^RT,
shall be the primary residential parent and the "Father," MARTIN
A. FRANCART, shall have liberal visitation to include but not be
limited tOI
a. Two (2) weeks each year during school summer
vacation are to be arranged'wit~ sixty (60) days advance notice by
the non-residential parent.
b. The primary residential parent (mother) shall give
the non-residential parent (father) sixty (60) days' notice of
vacations or special plans for the child to avoid planning
conflicts.
c. Special Holidaysl In even-numbered years, "Father"
has the first half of Christmas vacation with the children and in
the odd-numbered years the second half of Christmas vacation until
the children reach the age of majority.
d. Said visitations with the non-residential parent
shall be at the exclusive expense of the non-residential parent
~
and the non-residential parent shall continu~ to pay child support
, to the residential parent during this time.
e. If the non-residential parent does not plan to
exercise his visitation he must give the residential parent
(mother) thirty (30) days' advance notice.
',-,
v
.'
.
t. Father shall not obtain medical or dental services
tor the children without Mother's prior knollledge and consent.
The Father will be authorized to provide medical and/or dental
services under emergency situations.
g. It is further agreed that neither party shall remove
the children from the Unitod States without prior written
permission of the other parent or by Order of the Court.
5. Upon receipt of same, the residential parent (mother)
shall provide copies of all school and medical records of the
children to the non-residential parent (father).
6. That the Court of Common Pleas of Cumberland County,
Pennsylvania, shall retain Jurisdiction over this custody matter.
BY THB COURTI
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and the s~~i ci ~:;(! [1,').: ~I Clrlislo, I'd.
This ,..c1.~~~,~ -n'\r;<1'd~ 19 ,~,':t:
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J.
AFFIDAVIT OF SERVICE
Charles E. Petrie, Esquire, being duly sworn according to
law, deposes and states that he served a true and correct copy of
the ORDER OF COURT and PETITION TO MODIFY CUSTODY ORDER upon
MARTIN A. FRANCART, defendant in the above-captioned matter, by
mailing a true and correct copy of same by U.S. certified Mail,
return receipt requested, Article Number F 186 873 583, postage
prepaid, on April 7, 1997 to the following address:
Name: Martin A. Francart
Address: PO Box 2842, Sarasota FL 34230-2842
Defendant personally received said documents on April 14,
1997, as evidenced by his signature on the certified mail return
receipt card which is attached hereto and marked Exhibit "A".
I verify that the statements in
true and correct. I understand that
made subject to the penalties of
relating to unsworn falsification to
the foregoing Affidavit are
false statements herein are
18 Pa.C.S. Section 4904,
authorities.
(r 9- 917
DATE
~~ ~ ~~
CHARLES E. PETRIE
ATTORNEY FOR THE PLAINTIFF
Sworn to and subscribed
before me, a notary public,
this ~~ day of June, 1997.
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VICTORIA L. FRANCART,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
NO. 1169 CIVIL TERM 1994
MARTIN A. FRANCART,
Defendant
CIVIL ACTION - LAW
CUSTODY/VISITATION
ORDER
AND NOW, this 5 t;A day of ,{"'2-?"hrYl,!;ur..- , 1997,
a hearing is scheduled for the d./.c, t:h day OfS~z......n JE./t.
1997, at /.' {) tJ 0' clock fJ. M., in Court Room Number d..
of the Cumberland County Court House, Carlisle, Pennsylvania.
Both parties, through counsel, will provide each other and the
court with a list of witnesses ten (10) days prior to the date of
the hearing along with a statement as to their expected
"
testimony. Additionally, both parties will submit their proposal
for a resolution of the matter.
BY THE COURT,
,
, P.J.
Bradley L. Griffie, Esquire
Attorney for Plaintiff
. ~ qI5/q~,
C~oJ IT' ~:~.
Lindsay Baird, Esquire
Attorney for Defendant
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.
--
VICTORIA L. FRANCART, ) IN THE COURT OF COMMON PLEAS
Plaintiff I OF CUMBERLAND COUNTY,
) PENNSYLVANIA
VS. I
I NO. 1169 CIVIL TERM 1994
MARTIN A. FRANCART, I
Defendant I CIVIL ACTION - LAW
I CUSTODY/VISITATION
JUDGE PREVIOUSLY ASSIGNED: The Honorable Harold E. Sheely
CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8(bl, 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:
~
BIRTHDATE
CURRENTLY IN
CUSTODY OF
Jacqueline Ruth-Mae Francart
Abigail Marie-Lynn Francart
Liza Lynn-Joan Francart
October 5, 1987
February 21, 1989
October 1, 1991
Plaintiff
Plaintiff
Plaintiff
2. A Conciliation Conference was held on July 3, 1997, and
the following individuals were present: the Plaintiff and her
attorney, Bradley L. Griffie, Esquire; the Defendant appeared
with his attorney, Lindsay Baird, Esquire.
3. Items resolved by agreement: None.
4. Issues yet to be resolved: An ultimate custody and
visitation schedule.
5. The Plaintiff's position on custody is as follows: The
Plaintiff's position is that the Father has not had any contact
with the children for three years and apparently has never had
any contact their youngest daughter, Liza, since she was
approximately five or six months old. She believes that the
children should be reacquainted with their Father before he
reestablishes the custody arrangement whereby he is getting the
children essentially for half the Christmas holiday and for a
block of time over the summer. She offered to permit the
children to have contact with the Father when he was here for the
4th of July weekend and for some other time, either over Labor
Day or in the fall sometime.
6. The Defendant's position on custody is as follows: The
Father acknowledges that he has not had contact with the
children, but suggests that it is entirely the fault of the
Mother. He does not believe that he should be put in a position
where he has to reacquaint himself with the children but feels
that he should be able to start up right away with the schedule
as contained in the Order of May 2, 1994, which is the current
custody Order in the case.
7. Need for separate counsel to represent children:
Neither party requested.
B. Need for independent psychological evaluation or
counseling: None requested and the Conciliator does not believe
any is necessary.
9. A hearing in this matter will take one-half day.
10. Other matters or comments: The Conciliator has had a
long history with this case and I would refer the Court to the
previous conciliation Orders. The fact remains that the Father
has not had any contact with the children regardless of who is at
fault. The Conciliator suggested that the Father take some steps
to reacquaint himself and, assuming that he would follow through
with the visitation, that he would get back on track for regular
and consistent contact with the children. Once the Conciliator
suggested that provision, the Mother's attorney indicated that
she would be amendable to permitting contact for the 4th of July
weekend and for some time at the end of the summer or early fall.
The Father became upset by the whole process and for some reason
did not want to pursue the weekend visitation with the children
over the July 4th weekend and wanted the Mother to bring the
children down to visit with him in Florida sometime in the fall.
There is a clear need to reacquaint the children with
their Father in this case. Because of the lapse of time in which
he has seen them, it is strongly suggested that he take the steps
necessary to reacquaint himself before the children spend a block
of time with him down in his home in Florida. Given the distance
that he has to travel, however, it seems that if he would take
the steps necessary to reacquaint himself for a few visits, he
can get the regular schedule back on track so that he can have a
block of time over their Christmas holiday and extended time over
the summers. The Court will still have to figure out how it will
deal with the youngest child since that child has had virtually
no contact with her Father at all.
The Conciliator made it clear to counsel that if Father
would have a few contacts with the children there should be no
reason why he cannot get back on a schedule, but, in the
alternative, that it is unrealistic for Father to think that he
can simply expect the regular visitation plan to go into effect
after not having seen his children for three years.
Date: July 30, 1997
VICTORIA L. FRANCART.
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY. PENNSYLVANIA
vs.
: No, 1169 CIVIL 1994
MARTIN A FRANCART.
Defendant
: IN CUSTODY
Order of Court
AND NOW this ;./rday of November 1997, upon conference with counsel
-
and the court's meeting with the child, Liza Lynn-Joan Francart. born October 1. 1991, it
is hereby ORDERED AND DIRECTED that paragraph 4(c) of the Court's Order of May
2, 1994 shall be implemented for Christmas 1997 by Father having physical custody of the
children from approximately noon on Sunday. December 28. 1997 through approximately
noon on Saturday, January 3, 1998, Father shall secure physical custody by advancing to
Mother two round trip airline tickets with appropriate reference to the arrangements made
for stewardess' assistance for the children. Mother shall be responsible for transporting
the children to the Harrisburg International Airport or another local airport as the airline
tickets may require. Father shall use departure and arrival from and to Harrisburg
International Airport unless that necessitates a transfer of flights, The parties, under those
circumstances, shall reach agreement for a departure and arrival from and to another
appropriate local airport, It is understood that Father will attempt to have the departure
and arrival times coordinated with the noon time set forth above, but Father shall be in
compliance with the Court's Order as long as the departure and arrival times are within a
short period of time of the noon time set forth above.
It is specifically directed that the child. Liza Lynn-Joan Francart. shall not
participate in this period of physical custody unless she requests to be so involved,
cc: Bradley L, Griffie, Esquire
Attorney for Plaintiff
Lindsay D. Baird. Esquire
Attorney for Defendant
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GRIFFIE & ASSOCIATES
Attorneys and Counselors At Law
200N_II_..._
c..-. PA 17013
(717)243-5551
1(100) ,.7-5552
FAX 717-20-!063
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Robin J, Coohom
Oftkt MlUlC'r
November 20, 1997
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a.-Ilm..... PA 17201
(717) 267..31lO
RapIJlol CuIIoIo
The Honorable Harold E, Sheely
1udges' Chambers
One Courthouse Square
Carlisle, PA 17013
RE: Francart v, Francart
Dear 1udge Sheely:
As I recall our meeting on Friday afternoon, November 14, 1997 with opposing
counsel and the parties' six year old child, Liza Francart, we presented some information
and testimony on the record but no Order was actually entered, You may recall that we
agreed the period of physical custody when Mr. Francart will have the older girls will
extend from Sunday, December 28, 1997 at approximately noon until Saturday,1anuary 3,
1997 at approximately noon. The approximate time is based upon the fact that Mr.
Francart will need to secure airline tickets and we may be at the mercy of the airlines as to
the exact departure and arrival times.
We also discussed the fact that you are not going to require the child Liza to
attend this period of physical custody at this time, She is certainly able to do so if she
wishes to do so, but you are not going to actually force her,
Therefore. in anticipation of possible clarification and an order signed by you
regarding these tenns, I have prepared the Order and ask that the Court consider entering
the Order accordingly.
By copy of this correspondence, I am advising opposing counsel of my forwarding
of this correspondence and providing her with a copy of the proposed Order, I only ask
that she notify you immediately if there is some type of objection to the Order and that she
likewise advise me, Otherwise. I ask that the Order be executed so all parties and counsel
can have a certified copy of the Order within the next few days.
.
h'O~' " 'I L""
I. I ~~"W
,1- _._.~.",. ..-
Page Two
November 20, 1997
Your attention and courtesy throughout this matter is appreciated.
BLGllam
Enclosure
cc: Lindsay D. Baird, Esquire (via facsimile)
Victoria L. Francart
. .
.
VICTORIA L. FRANCART,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
.
.
V.
: CIVIL ACTION - LAW
: IN CUSTODY
MARTIN A. FRANCART,
Defendant
.
.
: 94-1169 CIVIL TERM
IN RE: VISITATION
ORDER OF COURT
AND NOW, this 26th day of September, 1997, a
brief hearing was held today. Both parents appeared. Both
parents were represented by counsel. This involves three
chi1drenl Jacqueline R. Francart, born October 5th, 19871
Abigail M. Francart, born February 21st, 19891 Liza L. Francart,
born October 1st, 1991.
The mother lives in Newport, Perry County,
Pennsylvania. The father lives in Sarasota, Florida. The
father has not visited with the children since 1994. He has
been paying his support, $500.00 a month, even though perhaps
not always on time, but he has always paid support.
He is now in the area, and will be here until
Sunday morning when he leaves to fly ba~k to Florida. I think
both he and the mother have agreed that he may have partial
custody of the children tomorrow, September 27th, 1997, from
12:00 noon until 6:00 p.m. The mother will bring the children
to the square in Carlisle, and he will pick up the children here
at the square. and he will return the children to the square at
6:00 p.m.
It is clear that the mother has full custody of
these children. and this order only permits the father to have
them tomorrow as indicated. If this visit goes well, I would
like to talk to counsel sometime afterwards, and I will then
- ,
'.
prepare a new order which will permit the father to have at
Christmas partial custody of the children, and we will set the
date~ at that time.
As has been testified, the father has not seen
the younger daughter, uiza, since she was approximately 8 months
old, but I believe as long as her two older sisters come along
tomorrow with their father, that uiza will not be afraid or
scared to go along.
By the Court,
--.
. .
Bradley L. Griffie, Esquire
For Plaintiff
Lindsay Dare Baird, Esquire
For the Defendant
mal
VICTORIA L. FRANCART
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
.
.
I
MARTIN A. FRANCART
: NO. 1169 CIVIL 1994
:
ORDER OF COURT
AND NOW, this 17th day of OCTOBER, 1997, pursuant to my
order of September 26, 1997, a meeting with counsel is set for
Monday, October 20, 1997, at 11:00 a.m. in Chambers.
If Counsel for the mother has no objection to the proposed
Florida Christmas period of partial custody, I will sign an order
permitting it.
By t e Court,
CtA-v
(~
H raId E. Sheely, P.J.
Lindsay D. Baird, Esquire
For the Defendant
~ -(.vW-- 10/1'1/'11 .
Bradley L. Griffie, Esquire
For the Plaintiff
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VICTORIA L. FRANCART,
Plaintiff
v
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: IN CUSTODY
: N~1169 CIVILTERM /9"
MARTIN A. FRANCART.
Defendant
IN RE: VISITATION
ORDEROF COURT
AND NOW, this ,_ _____, day of October. 1997, following a successful one-day
visitation as ordered on September, 26, 1997. partial custody is hereby ordered for Martin A.
Francart to pennit visitation with Jacqueline R. Francart, Abigail M. Francart, and Liza L.
Francart during the 1997 Christmas holidays. The visit will be conducted in Sarasota, Florida,
during the first halfofthe Christmas vacation as ordered in the custody agreement of May 2,
1994. 'I"~ !dcv1}/
By the Court,
Harold E. Sheely, P.J.
Lindsay Dare Baird, Esquire
For Defendant
Bmdley L. Griffie, Esquire
For Plaintiff
,;
".
LINDSAY DARE BAIRD
ATTORNEY AT LAw
37 SOUTH HANOVER
CAHLISLE, PENNSYLVANIA 17010'0007
TEL (717) 240'11702
FAX (717) 240'0110
October 13. 1997
The Honorable Harold E. Sheely
President Judge
Cumberland County Courthouse
One Courthouse Square
Carlisle. PA 17013
RE: Francnrt v. Francnrt
No. 94-1169 Civil
Dear Judge Sheely:
Following the hearing on the above-referenced matter on September 26. 1997, you
ordered that the three children be pennitted to visit with their father and step-mother during the
day of September 27. 1997. and following that visit. for eounsel to speak with you eoncerning
the success of the visit. That completed, you envisioned setting dates for the children to visit with
their father in Florida during the Christmas holiday period.
1 am delighted to advise that the visit on September 27. 1997 was an overwhelming
success. 1 was privileged to observe the interaction between the children and their father and
step-mother as they exchanged embraces and'kisses when the natural mother arrived to pick them
up at the end of the visit.
Despile efforts to get counsel for Ms. Francnrt to meet with me to discuss the visit and
our requirement to advise you as to the outcome of the visit, I have been unsuccessful. Mr.
Francart is understandably anxiolls to have the visitation over Christmas con finned so he mllY
make the necessary transportation arrangements and make the required notification to the
childrens' mother.
To this end. I respectfully request an order be issued, pennitting visitation by Jacqueline
R.. Abigail M. and Liza L. Francart with their father and step-mother in Sarasota, Florida during
the first half of the Christmas vacation as ordered in the custody agreement of May 2. 1994.
Thank you for your concern and attention.
cc: Bradley L. Grime. Esquire
Very truly YOurs'r
'~~~~t,d~,(.d
findsay Dare Baird
GRIFFIE & ASSOCIATES
Attol'Deys and Counselors At Law
2I1ON...II__
~.PA 17013
(717) UU551
1(100) 347-5552
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November 6. 1997
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~""""'PA 17101
(717) 267.1350
....,.to. ~
The Honorable Harold E, Sheely
Judges' Chambers
One Courthouse Square
Carlisle. PA 17013
RE: Francart v. Francart
Dear Judge Sheely:
You may recall that the only remaining issues in the above-captioned matter relates
to whether the youngest child will be required to participate in the period of temporary
physical custody over Christmas break. and the exact time frame for the period of
temporary physical custody to occur, I believe that opposing counsel and I have resolved
the time frame which will be used for the present Christmas arrangement. Hopefully we
will likewise be able to come to an agreement as to the exact language that will be used to
determine the temporary custody period for future Christmases.
In the meantime. however. based upon the visit that occurred while Mr. Francart
was here in Pennsylvania, my client is extremely apprehensive. to say the least. to force the
youngest child to involve herself with a week visit in Florida away from her mother, You
may recall that the child was approximately eight months old when she last saw her father.
and the five or six hour visit that he had with her. along with her sisters. included an
incident wherein the child missed her mother and no longer wanted to be on that visit.
The child. of course, can explain this to you in greater detail.
Based upon this situation. it appears that we do need for you to speak with the
child regarding this situation as you indicated you would be willing to do, With this in
mind. I have talked with my client and have been advised that the child does not have
school on November 14. 1997. If you would have some period of time on that day when
you might briefly meet with the child; that could assist in resolving this situation, Please
feel free to have your secretary contact my office to advise us of a time when you might be
available on that day for this brief meeting,
,-
. -
Page Two
November 6. 1997
Your attention and courtesy are appreciated.
BLGnam
cc: Lindsay D. Baird, Esquire
Victoria Francart
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PIl:OTlIOHOtAItY
CUMBERLAND COUNTY
CARLISLE, PA 17013
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: IN THE COURT OF CO#HON PLEAS OF
:CUHBERLAND COUN'l'Y, PENNSYLVANIA
V
* Morn" A. FrOf"\(or+
Defendant
.
.
:CIVIL AC'l'ION - LAW
~NO. I \ Gq CIVIL
:CUSTODY/VISI-'l'A'l'ION
19Cfl../
ORDER OF COURT
AND NOW, this (date) L-/ I Lj 19l, upon consideration of the
attached complaint, it is hereby directed that the parties and
their respective coul'sel appear before _t''''hr hop \ L. lV),.....QSI t:::sq..,
the conciliator, at ~C~ ~i \&~ S-\-, I ~ !-+ill OA ' 7- .
on the ~day of MO'J.. ' 19Crt ' at 9.; on
A . M., for a Prehearing Custot:ly Conference. At such conference,
an effort will be ~ade tu 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 entt:'r into II temporazy order. Either
party may bring the child who ,is the subject of this custody
action to the conference, but the child/children's attendance is
not mandatozy. Failure to appear at tho conference may provide
grounds for entry of a tempqrazy or permanent order.
FOR 'l'HE COUR'l':
By:
YOU SHOULD 'l'AKE 'l'HIS PAPER 'l'O YOUR LAWYER AT ONCE. IF l"OU DO NO'l'
HAVE A LAWYER OR CANNO'l' AFFORD ONE, GO TO O~ TELEPHONE 'l'HE OFFICE
SET FOR'l'H BELOW TO FIND OUT WHERE YOU ('AN GET LEGAL HELP.
OFFICE OF THE COUR'l' ADMINIS'l'RATOR
COUR'l'HOUSE, FOURTH FLOOR
CARLISLE PA 17013
(7H.l240-620a
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Attorneys and Counselors At Law
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The Honorable H3rold E. ShP.ely
Judges' Chambers
One Courthouse Square
Carlisle, PA 17013
RE: Francart v. Francart
Dear Judge Sheely:
You may be aware that the above-caplioned case is being scheduled for a hearing
before you. In fact you may wish to request a review of the file or at least the most recent
conciliation order in order to very briefly familiarize yourself with this custody case.
The reason I write is that a hearing has been scheduled in this matter for 1 :30 p.m.
on Friday, September 26, 1997. I must appear in front of the Court of Common Pleas of
Franklin County at 11:00 a,m, on Friday, September 26, 1997. I indicated to my staff that
I cannot assure my presence in any hearing back in Carlisle that afternoon. My staff
member who spoke with your secretary, Sandy, in scheduling this hearing thought that she
had made Sandy aware of this and, in fact. thought she did not offer the afternoon of
Friday, September 26, 1997 as a date for the hearing. When Sandy telephoned our office
to confinn that this was the date for the hearing, my secretary immediately brought this to
my attention. I spoke with Sandy and Sandy indicated that the Order had already been
signed for the hearing date and requested that counsel attempt to resolve this matter.
I have been unable to gain the cooperation of opposing counsel in reschedu1ing this
matter. Therefore, I write to alert you to the fact that I will do everything within my
power to be back from Franklin County by 1:30 on Friday. September 26, 1997 in order
to conduct this hearing, Opposing counsel has advised me that her client alleges he
immediately purchase "non-transferable, non-redeemable airline tickets" for that trip and,
therefore, she cannot agree to a continuance, My client is not about to entertain any type
,.
'.
Page Two
September 18, 1997
of demand by her fonner husband to compensate him for airline tickets and, therefore, as I
indicated, we will do everything within our power to be present to proceed with the
hearing at 1:30.
I believe it is appropriate for you to be advised that the matter I am addressing in
Franklin County on the late morning of the 26th is a matter that was referred to me by
counsel in Chambersburg and, in fact, was referred specifically to me based upon the fact
that I concentrated my practice in the domestic field, That cue truly does not lend itself
to being handled by other counsel here in my office,
Furthennore, I have been representing Ms. Francart for quile some time and am
intimately familiar not only with the facts in this cue but also the legal maneuvers that
have occurred over the past several months. Therefore I do not believe it would be in my
client's best interest and would feel that I am not filling my professional obligation if I
were to have one of my other attorneys attend to the Francart matter before you,
As I indicated, I will do eveIything within my power to be present at 1 :30, but I
certainly feel an obligation to notifY the court in advance ofthis difficult situation.
Your courtesy and attention is appreciated.
BLGnam
cc: Lindsay D. Baird, Esquire
Victoria Francart
* Vic-\ona L.
Fr Q~C.a r-\-
Plaintiff.
: IN THE COURT OF CO!!MON PLEAS OF
:CUHBERLAND COUNTY, PENNSYLVANIA
.
.
v
* Mart)r'\ A. FrOf"\cor+
Defendant
:CIVIL ACTION - LAW
.
;NO. II GCj CIVIL
: CUS'l'ODY I VI SI-TATION
19"l'-l
"
ORDER OF COURT
AND NOW, this (date)L.../ Iy 19l, upon consideration of the
attached complaint, it is hereby directed that the parties and
their respective counsel appear before ~\r hot='\ L. ~l"\aSI~sq..,
the conciliator, at SO~~. \&-1'1-1 S{ , ~ Hill 01:1.. '7
on the ~q day of M o:;;::L , 19Cf7 ' at g; 00
A. H., for a prehearing Custol:iy Conference. At such conference,
an e:ffort will be made to resolve the issues in dispute; or i:f
this cannot be accomplished, to define and narrow the issues to be
heard 'by the court, and to enter into a temporazy order. Either
party may bring the child who is the subject of this custody
action to the conference, but the child/children's attendance is
not mandatory. Failure to appear at the conference may provide
grounds for entry o:f a temp~rary or permanent order.
FOR THE COURT:
By: ~oO.;;J -fSQ.If\"'>; I'lv1'I ,
Custody Conciliator ~
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 'l'O FIND OUT WHERE YOU CAN GET LEGAL HELP.
OFFICE OF THE COURT ADHINISTRA'l'OR
COURTHOUSE, FOURTH FLOOR
CARLISLE PA 17013
(717)240-6200
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DEe 1 3 199aJP
VICTORIA L. FRANCAllT, now
VICTORIA L. TWIGG,
Plaintiff
IN Till! COUIlT 01' COMMON I'LEAS OF
CUMUI!IlLAND COUNTY, I'ENNSYLVANIA
v
CIVIL ACTION. LAW
IN CUSTODY
No. 9~' II (.9 CIVIL TERM
MARTIN A. FRANCAIlT,
Defendant
ORDER AND NOTICE
AND NOW, this ~ day of _~ c"('f\V-C- r ,19 q~ . upon consideration of
the attached eomlllalnt, It Is hereby directed that the parties and their respective
counsel ap car b~e ,the conciliator,
at . ,. on the \ 'R day
of R-'c-tun~ ,I , at ',' -O,m., for a Pre-Hearing Custody Conference. At
such conference, an effort wll1 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 live 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.
FOil THE COURT,
)
The Court of Common Pleas of Cumberland County Is required by Illw to comply wIth
the Americans with Disabilities Act of 1990. For Information about acccssible facilities
and reasonable accommodations available to disabled Individuals having business
before the court, please contact our office. A1lllrrangements 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 TAl<E THIS I'APER 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, PENNSYLVANIA 17013
TELEPHONE: (717) 249-3166
cc: Lindsay Dare Baird, Esquire
Attorney fOf Petitioner
Bradley L. Griffie, Esquire
Attorney fpf Respondent
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VlCTORlAL.~CART,now
VICTORIA L. TWIGG,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN CUSTODY
No.1- 1169
ORDER AND NOTICE
v
MARTIN A. FRANCART,
Defendant
CIVIL TERM
AND NOW, this _ day of ,19_. upon consIderation of
the attached complaint, it is hereby directed that the parties and their respective
counsel appear before ,the conciliator,
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of ,19_. at _ m., for a Pre-Hearing Custody Conference. At
such conference, an effort wlll 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.
FOR THE COURT,
By;
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with
the Americans with Disabilltles 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 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, PENNSYLVANIA 17013
TELEPHONE: (717) 249-3166
cc; Lindsay Dare Baird, EsquIre
Attorney for Petl tloner
Bradley L. Griffie, Esquire
Attorney fpr Respondent
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VICTORIA L. FRANCART, now
VICTORIA L, TWIGG,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
: CIVIL ACTION - LAW
: IN CUSTODY
: No. ~ - 1169 CIVIL TERM
Plaintiff
v
MARTIN A. FRANCART,
Defendant
PETITION TO MODIFY AND ENFORCE CUSTODY ORDERS
AND NOW, comes the Petitioner, Martin A. Francart, the Defendant in the above-
captioned action, by and through his attorney, Lindsay Dare Baird, Esquire, and respectfully
represents as follows:
I. Your Petitioner, Martin A. Francart (hereinafter "father"), is the Defendant iothe
above-captioned action and he resides at 2613 Clippership Way, Sarasota, Florida 34231.
2. The Respondent, Victoria L. Franeart, now named Victoria L. Twigg due to
remarriage, (hereinafter "mother"), is the Plaintiff in the above-captioned action and resides at
RD#2, 78L, Newport, Pennsylvania 17074.
3. The parties, who arc divorced, arc the parents ofthree minor children, Jacqueline R,
Francart, born October 5,1987, Abigail M. Francart, born February 21,1989 and Liza L.
Franeart, born October I, 1991.
4. The custody rights of the parties have been established by Court Order dated May 2,
1994 and amended by Orders of Court dated September 26, 1997 and November 21, 1997. All
three orders are attached hereto and marked as "Exhibits A, Band C" respectively.
5. By virtue of the May 2, 1994 Custody Order, the parties share legal custody of the
children.
6. By virtue ofthe same order, father is to have unhampered telephone contact with all 3
children. Mother has not cooperated to penn it this contact.
7. By virtue of the same order, "Neither parent shall do anything that would estrange the
children from the other, that would injure the opinion of the children as (sic) the children's
mother or father, or that would impair the natural development of the children's love and respect
for each of the parents". Mother has impaired the natural development of the children's love and
respect for the father by discouraging meaningful contact, returning gifts, impeding visitation. not
forwarding school and medical records to the father and not allowing any contact or visitation
with the youngest child in any way.
8. Due to the above described difficulties, Father's relationship with the children is being
damaged.
9. Therefore, father requests the custody orders be amended to provide:
a. Father shall have a scheduled time to telephone and speak with all three
children, and all three children shall be available at that time to speak to father without
interference by or from mother.
b. Father shall have unimpeded visitation with all three children over the Easter
vacation period, for one month in the summer and for one-half of the Christmas vacation period.
c. Mother shall not cause delay in the purchasing of airplane tickets for visitation
by the three children, and to that end shall pay one-half of the ticket prices to father.
d. The three custody orders are consolidated into one.
e. Any other relief this Honorable Court deems appropriate.
WHEREFORE, the father respectfully requests that the Custody Orders be amended as
set forth above.
Respectfully submitted,
~.d~C
Lindsay Dare ~ilird, Esquire
Attorney for the Petitioner
37 South Hanover Street
Carlisle, PA 17013
717-243-5732
,
Lindsay Dare Baird, Esquire
For Petitioner
Bradley L. Griffie, Esquire
For Respondent
Michael L. Bangs, Esquire
Conciliator
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F'rom
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Dee.1S 1998 6:33I'M Pel
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May-06-97 09,24A GriFFin & JOQls
941 957 1621
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VICTORIA L. FRANCART,
l'laintift
IN Tilt COURT OF COMMON PLU..S OF
CUMBERLAND COUNTY, r~NNSYLVANIA
CIVIL ACTION - LAW
NUHIJf.R -1.lG9 CIVtL l'1lJ<I
VB,
HARTIN A. FRANCART,
l1l,fcndllnt
ClJS1'ODY
ORDER
AND NOI~, tilts a.,..J...dilY o! ,.7"\ ad'
, 199'1, UpOll
consideration or the ~Ithin Motion and Stipulation, it is hereby
Ordered as follows.
1. Tha~, prlma1')' phY:iieal cust.ody oC J,\CQU~;L,rNF. RUTH-HAt
FRANCART. born October 5, 1lJ07; ^HIGAIL MARIr,-LYNN FPANCART, born
February 21, 1909; and LI~A LYNN-JOAN FRANCART. born October 1,
1991. shall be and remain with tlleir mother. VIC'I'OlltA L. FRANCAllT.
2. Each oC the parties ayrees t.hat he or she shall exert
every etfort to mllintain tree access lInd unhampered contact
between the children and the othar parent and to to~tor II teel1ng
of affection between the children and the other parent. Neither
parent shall do anything that would estrange tll'.! children from the
other, that vould injure the opinion of tho children as the
children'S mother or father, or that would impair the natural
developmellt of the children's love and respect for each of tile
parents. At all times, tho parents sh~ll strlvn for a vor~ing
relationship In Lhe best lntcrQ~t of tho children, ThQ parants
shall also restrain other pOrsOns from denigrating the other
parent In the prcs~nce of the children.
EXHIBIT "A"
~9:24~ Griffin & JOQls
941 957 1621
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3, Each I'lIrent a\lL'IJI.:S to cillo" open, hut rlHIson.lhle, right.
of telephonic communic~tion with thflir children.
'I. It is agreed that the "Hothor," HeTOIlI" I.. fRANCAll1',
shalt bp. the primary residential part!nt 'lnd thll "F;;th.;,'r," NMl'rn:
A. FRANCART, shall havo liberal visitation to includ~ but not bt!
11 m 1t.ed to I
a, Two (2) woek~ each YCilr during schooL s~rnmr.:r
vacation lire to bo arranged with 5h:ty' (60) d"ys "dvr.lIlr.e notice by
thp. non-residential parent.
b. The primary rnsidentlal parnnt (mothnr) ~hall yivn
the non-residential parent (fathor) sixty (GO I days' notice ot
vacations or sFecial plans for the child Lo avoid Flanning
conflicts.
c. Special Holidays. In even-numbered yoars, "rather"
has the first holf of Christmas vacation with the ~hiidren and in
the Odd-numbered years the second halt of Chrt~tmas vacatiun until
tho children reach the age oC majority,
d. Said visttdtions with the non-residential parent
shall be at the exclusive expense of the non-residential parent
and the non-rc:sidentlal parent Shilll conti'"I" 'I) 1''')' ,-,hild SUp(lo,"t
to the residential parent during this time.
e, If the non-resldontial parent does not plan to
exercise his v19itatlon he must give the renldential parent
(mother) thirty (30) days' advance notice.
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t. Father shall not obtain medical or dontal sorvlce~
(or the chlldron wltbout Hotber's prior knoul~dge and con~~nt.
The Fnther will be authorized to provide medical ~nd/or dentul
services under emergchcy situations.
g. It is further dgreed that n'lithel' p"rey Shdll remuv.1
tho children from the United States without prior written
Fermlsslon of the other parent or by Order of the Court,
5, Upon rflccipt of same, tho rosidential parent (motherl
shall provide copies of all school and madical records of the
children to the non-residential parent (lather).
6. That the Court of Common Pleaa of Cumberland COunty.
PennSYlvania. shall retain juriSdiction over this custody matter.
BY THe COURT,
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IN RE: VISITATION
ORDER OF COURT
AND NOW, this 26th day of September, 1997, a
brief hearing was held today. Both parents appeared. Both
parents were represented by counsel. This involves three
c~ildren; Jacqueline R, Francart, born October 5th, 1987;
Abigail M. Francart, born February 21st, 1989; Liza L. Francart,
born October 1st, 1991.
The mother lives in Newport, Perry County,
Pennsylvania. The father lives in Sarasota, Florida. The
father has not visited with the children since 1994. He has
been paying his support, $500.00 a month, even though perhaps
not always on time, but he has always paid support.
He is now in the area, and will be here until
Sunday morning when he leaves to fly back to Florida. r think
both he and the mother have agreed that he may have partial
custody of the children tomorrow, September 27th, 1997, from
12:00 noon until 6:00 p.m. The mother will bring the children
to the square in Carlisle, and he will pick up the children here
at the square, and he will return the children to the square at
6:00 p.m.
It is clear that the mother has full custody of
.'
these children, and this order only permits the father to have
them tomorrow as indicated. If this visit goes well, I would
like to talk to counsel sometime afterwards, and I will then
EXHIBIT "B"
.
-
prepare a new order which will pe'rmit the father to have at
Christmas partial custody of the children. and we will set the
dates at that time.
As has been testified, the father has not seen
the younger daughter, ~iza, since she was approximately 8 months
old, but r believe as long as her two older sisters come along
tomorrow with their father, that ~iza will not be afraid or
scared to go along.
By the Court,
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~dley L. Griffie,
For Plaintiff
Esquire
Lindsay Dare Baird, Esquire
For the Defendant
mal
TRUE COpy FROM RECORD
In Testimony whereof, I horll unlose/ my haM
and /he seal of said Cou / Carlisle, Pa.
Thl .day of 'k~-Lqv7
Pro/Ii
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VICTORIA L. FRANCART,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs,
No. 1169 CML 1994
MARTIN A FRANCART,
Defendant
IN CUSTODY
Order of Court
AND NOW this .;l ,.ak day of November 1997, upon conference with counsel
and the court's meeting with the child, Liza Lynn-Joan Francart, born October I, 1991, it
is hereby ORDERED AND DIRECTED that paragraph 4(c) of the Court's Order of May
2, 1994 shall be implemented for Cltristmas 1997 by Father having physical custody of the
children from approximately noon on Sunday. December 28. 1997 through approximately
noon on Saturday,January 3, 1998. Father shall secure physical custody by advancing to
Mother two round trip airline tickets with appropriate reference to the arrangements made
for stewardess' assistance for the children. Mother shall be responsible for transporting
the children to the Harrisburg International Airport or another local airport as the airline
tickets may require, Father shall use departure and arrival from and to Harrisburg
International Airport unless that necessitates a transfer of flights. The parties, under those
circumstances, shall reach agreement for a departure and arrival from and to another
appropriate local airport. It is understood that Father will attempt to have the departure
and arrival times coordinated with the noon time set forth above, but Father shall be in
compliance with the Court's Order as long as the departure and arrival times are within a
short period of time of the noon time set forth above,
It is specifically directed that the child, Liza Lynn-Joan Francart, shall not
participate in this period of physical custody unless she requests to be so involved,
BY THE COURT,
151 'J.ktd".{ I' ..JJu~.4.
Harold E, Sheely, President Judge {J
cc: Bradley L. Griffie, Esquire
Attorney for Plaintiff
Lindsay D. Baird, Esquire
Attorney for Defendant
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VICTORIA L. FRANCART, now
VICTORIA L. TWIGG,
Plaintiff
vs.
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYL V AN[A
ORDER
AND NOW, this / I? -.IJ day of -LlJA~
, [999, upon review of the
NO. [169 CIVIL TERM [994
MARTIN A. FRANCART,
Defendant
CIVIL ACTION. LAW
CUSTODYNIS[T A TION
Conciliator's Report, it appearing that a hearing is necessary. it is hereby ordered and directed as
follows:
A hearing is scheduled for the ~ I II f day of mAY
[999, at F: 3tJ o'c1ock-A-.M., in Court Room Number 5 of the
Cumberland County Court House. Carlisle, Pennsylvania. Both parties, through
counsel, will provide each other and the court with a list of witnesses ten (10)
days prior to the date of the hearing along with a statement as to their expected
testimony. Additionally, both parties will submit their proposal for a resolution of
the matter.
Pending said hearing, the parties agree to modify the existing Orders in
accordance with the following:
I. Father is entitled to have telephone contact one (I) evening per week
which shall occur from Monday through Friday at 7:30 p,m.
(J .q'l
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~ Lindsay Dare Baird. Esquire
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VICTORIA L. FRANCART, now
VICTORIA L. TWIGG,
PlaintilT
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
)
)
)
)
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CIVIL ACTION - LAW
CUSTODYIVISIT A TION
vs.
NO. 1169 CIVIL TERM 1994
MARTIN A. FRANCART,
Defendant
JUDGE PREVIOUSL Y ASSIGNED: The Honoroble Harold E. Sheely, P.J.
CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the child(ren) who is(are) the subject of this
litigation is as follows:
NAME
BIRTHDA TE
CURRENTLY IN
CUSTODY OF
Jacqueline Ruth-Mae Froncnrl
Abigail Marie-Lynn FrnnCnrl
Lila Lynn-Joan Froncart
October 5, 1987
February 21, 1989
October 1,1991
PlaintilT
PlaintilT
PlaintilT
2. A Conciliation Conference was held on February 18, 1999, and the following
individuals were present: the PlaintilT and her aUomey, Brodley L. Griffie, Esquire; the
Defendant did not appear but was available by telephone and represented through his counsel,
Lindsay Dare Baird, Esquire,
3. Items resolved by agreement: See aUached Order.
4. Issues yet to be resolved; See aUached Order.
5. The PlaintilTs position on custody is as follows: PlaintilTs position is that the Father
. -
has not seen the children since December of 1997. Mother's position is that Father has made
little attempt to see the children and does not believe it is appropriate for the children to go from
having very little contact with their Father to spending a month with him in the summer. In
addition, the youngest child has almost had almost no contact with the Father since she was eight
(8) months old,
6. The Defendant's position on custody is as follows: Father's position is that he was
prevented from pursuing any periods of custody because he was financially unable to do so.
Apparently, he tried to work out some type of arrangement, from his perspective, over this
Christmas but again when it came time to buy tickets, he could not afford the transportation. He
also indicates that the Mother is interrupting his phone contact with the children,
7, Need for sepamte counsel to represent child(ren); Neither party requested,
8. Need for independent psychological evaluation or counseling: None requested and the
Conciliator does not believe any is necessary.
9. A hearing in this matter will take one-half day.
10. Other matters or comments: There is a long history of this case. Rather than restate
what has occurred in this case. the Court may want to look at the previous reports filed by this
Conciliator.
Essentially, the Father has not had any meaningful and regular contact with the ehildren.
The Father has maintained a variety of reasons of why that has not occurred, but the fact remains
that the children have not had much contact with the Father. The Court, therefore, will have to
ascertain whether it is appropriate for the children to go from having almost no contact with their
Father to spending a month with him in the summer. In addition, apparently there is a
reluctance on the oldest child's part to even have to go and apparently, the youngest child has
never really gone to Florida at all.
The Conciliator was able to get the parties to agree to telephone contact. This is reflected
in the Order that is attached.
Date: March 9, 1999
['/1 j I
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Custody Conciliator '
if
MICHAEL L, BANGS
ATIORNEV AT LAW
302 SOUTH 18TH STIlEET ' CAMP IIILL PA 17011
PHONE 717-730-7310
FAX 717-730-7374
March 11, 1999
Richard J. Pierce, Court Administrator
Cumberland County Court House
I Courthouse Square
Carlisle, P A 17013
RE; Francart v. Francart
No. 1169 Civil 1994
Dear Rick:
This case needs a hearing; it was previously Judge Sheely's case. The hearing needs to
oeeur prior to this summer.
~veA truly/ours,
/ l/ltv
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Enclosure
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Richard J. Plerca
Court Admlnislralor
OFFICE OF THE COURT ADMINISTRATOR
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
1 Courthouse Square' Carlisle, PA 17013
Phona Taryn N. Dixon
(717) 240.6200 Asslslanl Court Admlnlslralor
(717) 697.0371
(717) 532.7286
(717) 240.6462 FAX
April 27, 1999
Jenice M. Wolgemuth
119 Sholly Dr.
Mechanicsburg, P A 17055
Dear Ms. Wolgemuth,
I am writing to confinn your appointment to serve as an interpreter for the Francart
#94-1169 case custody hearing before the Honorable Judge Edward E. Guido. The hearing is
scheduled to take place on Friday, May 21, 1999 at 8:30 A..M. in Courtroom Fiv", According to
attorney Lindsay Dare Baird, Esq., the hearing impaired individual is Ms. Susan Cook, the
current wife of Mr. Martin Francart.
Thank you for your service. If you have any questions or concerns before the hearing, please
do not hesitate to contact me.
Sincerely,
,
r'~0,~'
Taryn N. Dixon
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VICTORIA L. FRANCART, now
VICTORIA L. TWIGG,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v
CIVIL ACTION. LAW
IN CUSTODY
q..,
No.9'1. 1169 CIVIL TERM
MARTIN A. FRANCART,
Defendant
ORDER OF COURT
AND NOW, this II ~ day of May, 1999, upon consideration of the attached
petition, the Court Administrator is hereby authorized to arrange for the presence of a
Real Time Reporter for the custody hearing scheduled for May 21,1999, at 8:30 A.M.,
in Courtroom No. S.
J,
cc: Lindsay D. Baird, Esq.
Attorney for M. Francart
Bradley L. Griffie, Esq.
Attorney for V. Twigg
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VICTORIA L. FRANCART, now
VICTORIA L. TWIGG,
Plalnllff
IN THE COURT OF COMMON PLEAS OF
CUMBERlAND COUNTY, PENNSYLVANIA
v
CIVIL ACTION - LAW
IN CUSTODY
MARTIN A. FRANCART,
Defendant
No. 97 - 1169 CIVIL TERM
PETITION FOR REAL TIME REPORTER
The Petitioner, Martin A. Francart, by and through his attorney, Lindsay Dare
Baird, Esquire, respectfully represents the following;
I. A hearing Is scheduled In the above-captioned matter for May 21,1999,
at 8:30 A.M., In Courtroom No. S, before the Honorable Edward E. Guido.
2. The wife of Petitioner, Susie Cook, will be testifying at said hearing.
3. Ms. Cook is hearing ImpaIred and does not use sign language. While Ms.
Cook Is very adept at reading lips, It will be Impractical for her to be able to follow all
of the possible speakers during the course of the hearing.
WHEREFORE, your Petitioner prays that the Court Administrator be authorized
to arrange for a Real Time Reporter for the above time and date.
Date: ,:,-:'/,;1, , 9 ')
Respe ctfully S~b ed, ~
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( .'1 cY1(ul 'V'<-U Uk..I<:.J
qsay Dare alrd, Esquire
~~n:OUth Hanover Street
Carlisle, PA 17013
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VICTORIA L. FRANCART.
Plaintifi'
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v
: CIVIL ACTION - LAW
IN CUSTODY
No.9t- 1169 CIVIL TERM
MARTIN A. FRANCART,
Defendant
ORDER OF COURT
AND NOW, this l'ilf.. day of May, 1999, upon consideration of the attached Petition to
Withdraw Custody Petition, it is hereby directed that the Petition to Modity and Enforce Custody
Orders filed December 16, 1998, be withdrawn.
J.
cc: Lindsay Dare Baird, Esq.
Attorney for Petitioner
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Bradley L. Griffie, Esq.
Attorney for Respondent
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: IN CUSTODY
VICTORIA L. FRANCART,
PlaintilT
MARTIN A. FRANCART,
Defendant
: No. 97 - 1169 CIVIL TERM
PETITION TO WITHDRAW CUSTODY PETITION
The Petitioner, Martin A. Francarl, by and through his allomey, Lindsay Dare Baird,
Esquire, requests the withdrawal of the Petition to Modify and Enforce Custody Orders, filed on
December 16, 1998.
Date: May 19,1999
Respectfully submilled,
~fl:~aI~,,~.~~q
/~~n~say Dar;;?a;;;'~squire
37 South Hanover Street
Carlisle, Pennsylvania
Attorney for Petitioner
cc: Bradley L. Griffie, Esq.
Attorney for Respondent
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VICTORIA L. FRANCART
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v,
94-1169 CIVIL ACTION LAW
MARTIN A. FRANCART
DEFENDANT
IN CUSTODY
ORDER OF COIIRT
AND NOW,
Monday, November 26, 2001
, upon cons idem lion of the auached Complaint,
it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator.
at 214 Senate Avenue, Sulle 105, Camp HilI, PA 17011 on Monday, January 07. 2002 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 deline and narrow the issues to be heard by the court, and to cnter into a tempomry
order, All children age livc or older may also be present at the conference. Failure to appear at the conferencc may
providc grounds for entry of a tempomry or pennanent 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: Isl
Melissa P. Greev)l. Esq. f)f^
Custody Conciliator
The Court of Common Pleas of Cumbcrland County is required by law to comply with the Americans
with Disabilites Aet of 1990. For infonnation about accessible facilities and rcasonable 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 auend the
scheduled conference or hearing,
YOU SHOULD TAKE THIS PAPER TO YOUR A TroRNEY AT ONCE, IF YOU DO NOT
HAVE AN A TIORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIlE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP,
Cumberland County Bar Association
2 Liberty A vcnue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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VICTORIA L, FRANCART,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
v.
NO, 1169 CIVIL 1994
MARTIN A, FRANCART,
Defendant
CIVIL ACTION . LAW
CUSTODY
ORDER OF COURT
AND NOW, this _ day of ,2001, upon consideration of the
attached Petition, it is directed that the parties and their respective counsel appear before
, the Conciliator, at
on the day of ,2001, at o'clock, _,m" 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, Either party may bring the child who is the subject of this
custody action to the Conference, but the child/children's attendance is not mandatory, Failure to
appear the Conference may provide grounds for entry of a temporary or permanent order,
FOR THE COURT
By:
Custody Conciliator
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HA VE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TilE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOt.: CAN GET LEGAL HELP.
Office of the Court Administrator
Cumberland County Courthouse
Fourth Floor
Carlisle, P A 17013
(717) 240-6200
cc: Bradley L. Griffie, Esquire
Paul 1. Esposito, Esquire
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VICTORIA L, FRANCART,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 1169 CIVIL 1994
v.
MARTIN A, FRANCART,
Defendant
CIVIL ACTION - LAW
CUSTODY
PETITION TO MODIFY CUSTODY ORDER
AND NOW, comes Petitioner/Defendant. Martin A, Francart, by and through his allorneys,
Goldberg, Katzman & Shipman, P,C, and Paul J, Esposito. Esquire, who petitions the Court as
follows:
I, Petitioner is Martin A, Francart, Defendant in the above-captioned custody
matter,
2 Respondent is Victoria L. Tigg. formerly Victoria L. Francart, Plaintiff in the
above-captioned custody matter,
3, The parties hereto are the parents of the following minor children:
JACQUELINE RUTH-MAE FRANCART, born October 5, 1987
ABIGAIL MARIE-LYNN FRANCART. born February 21, 1989
L1ZA LYNN-JOAN FRANC ART. born October I, 1991
4 Numerous Petitions have been filed and Orders entered by this Court regarding
custody of the aforementioned children.
,
5, The initial Order was issued by the Honorable Harold E, Sheely on May
2,1994, which Order resulted from the Stipulation of the panies, A copy of said Order is attached
hereto, made a pan hereof and marked Exhibit "A",
6, On July 3, 1997. a Custody Conciliation Conference was held pursuant to
Petitioner's Petition to ModifY the Order of May 2, 1994, At issue was how Petitioner and the
children could be reacquainted in that a substantial amount of time had elapsed since Petitioner and
the children had been together,
7. On November 21, 1997, President Judge Sheely issued another Order setting
fonh the arrangements lor a visit during the Christmas vacation A copy of said Order is attached
hereto, made a pan hereof and marked Exhibit "8,"
8, The visit did not take place in that the cost of airfare was prohibitive for
Petitioner due to the shon amount of time between President Judge Sheely's Order and the Christmas
vacation, A year earlier. Petitioner had purchased airline tickets for the children which he was unable
to use in that Respondent did not send the children for the visit.
9, On December 16, 1998, Petitioner tiled a Petition to ModifY and Enforce
Custody Orders.
10, Subsequently, Petitioner tiled a Petition to Withdraw the afore-mentioned
Petition to ModifY and Enforce Custody Orders in that his fonner counsel withdrew from the case,
II Pursuilnlto Petitioner's request. the Honurable Edward Guido issued an
Order on May 19. 1999 directing that the Pelition be withdrawn,
12, During the period from May 1999 through February 8, 2000, the parties
engaged in discussions regarding the possible termination of Petitioner's parental rights; however,
thOSll negotiations eventually failed,
13. By leller dated August 8, 2000, Plllitioner's former counsel informed
Respondent's counsd that Petitioner wishlld to have his custodial rights set forth in the Order of May
2, 1994 enforced, including having thll children for one-halfofthll Christmas, 2000 vacation, A copy
of said correspondence is all ached hereto, made a part hereof and marked Exhibit "c,"
14, Respondent, through her counsel, responded by leller dated August 14, 2000,
indicating that she had no interest in Petitioner having any contact with her children and that she
would take legal action to ensure IIml Petitioner would not have contact with the children, A copy
of said correspondence is all ached hllrelo, made a part hereof and marked Exhibit "D,"
15 Petitioner has been continually thwarted by Respondent in his efforts to
reestablish a relationship with his daughters and she has made it abundantly clear that she will take
whatever action she deems appropriatllto preclude him from having a relationship with them,
16, Petitionllr sellks the llntbrcement of this Court's Order of May 2, 1994 and also
to modit}t same 10 enable him to reestablish and mainlain a meaningful and ongoing relationship with
his daughters,
WHEREFORE, Petitioner, Martin Francart, respectfully requests that this Honorable Court
issue an Order enforcing the Order of this Court dated May 2, 1994 and modit}ting same so as to
ensure that he can establish and maintain a custodial relationship with his daughters,
Respectfully submitted,
GOLDBERG, KATZMAN & SHIPMAN, P,C,
By p€~illRE
320 Market Street
Post Office Box 1268
Harrisburg, P A 17108-1268
Supreme Court 10 #25454
Attorneys for DefendantlPetitioner
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VERIFICATION
I verify that the statements contained in the foregoing PETITION TO MODIFY
CUSTODY ORDER are true and correclto the best of my knowledge, information and belief. I
understand that false statements contained herein are made subject to the penalties of 18 Pa,C,S,
S"",'" 4904 "'''''' .. 'M~" r.l,m,,,;,,.. ~th~rit:! .~-
Dale ,I '/ '5 /01 -t2!nZ c? ..,. ~ .-:;>
, , ARTIN A, FRANCART
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Exhibit A
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CHARLES E. I'E'I'IUE
..Ii A110lCMlY AT "'''1
3528 BRISIIAN SmOOT
HARRISBURG, PENNSYLVANIA 11111
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111-561.1939
. MAY 2 - 1004~
VICTORIA L. FRANCART,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
vs.
NUMBER
1169 CIVIL 1994
MARTIN A. FRANCART.
Defendant
CUS'rODY
ONDER
AND NOW, this :;..,.)....day of tr1~
, 1994, upon
consideration of the within Motion and Stipulation, it is hereby
Ordered as follows:
1. That primary physical custody of JACQUELINE RUTII-MAE
FRANCART, born October 5, 1967; ABIGAIL MARIE-LYNN FRANCART, born
February 21, 1969; and LIZA LYNN-JOAN FRANCART, born October I,
1991, shall be and remain with their mother, VICTORIA L, FRANCART,
2. Each of the parties agrees that he or she shall exert
every effort to maintain free access and unhampered contact
between the children and the other parent and to foster a feeling
of affection between the children and tho othor parent, Neither
parent shall do anything that would ostrango the children from the
other, that would injure the opinion of tho children as the
children's mother or father, or thllt would impair the natural
development of the children's love and respect for each of the
parents. At all times, the parents shull strive for a working
relationship in the best interest of tho children, The parents
shall also restrain other persons from donigrating the other
parent in the presence of the children,
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3. Each parent a~rees to allow open, but reasonable, right
of telephonic communication with their children.
4. It is agreed that the "Mother," VICTORIA L. FRANCART,
shall be the primary residential parent and the "Father," MARTIN
A. FRANCART, shall have liberal visitation to include but not be
limi ted to:
a. Two (2) weeks each year during school summer
vacation are to be arranged with sixty (60) days advance notice by
the non-residential parent.
b. The primary residential parent (mother) shall give
the non-residential parent (father) sixty (60) days' notice of
vacations or special plans for the child to avoid planning
conflicts.
c. Special Holidays: In even-numbered years, "Father"
has the first half of Christmas vacation with the children and in
the odd-numbered years the second half of Christmas vacation until
the children reach the age of majority.
d. Said visitations with the non-residential parent
shall be at the exclusive expense of the non-residential parent
and the non-residential parent shall continue to pay child support
to the residential parent during this time.
e. If the non-residential parent does not plan to
exercise his visitation he must give the residential parent
(mother) thirty (30) days' advance notice.
f. Fathor Dh~ll not obt~ln modical or dental services
for the childron wlthulIl.. Hul..lHlr'n prior knlJ\/lod~Jo and consent.
"he Father will be 111I1,hurl.wd tu provltll' In"dlc~l and/or dental
services under emory"n!!y Hltll,.l..lulIll,
y, It io fllrthur ~qroud l..hal.. ,wither party shall remove
the children from the UniLod status without prior written
permission of tho othor IJilront or by Order of the Court.
5. Upon receipt of Hame, the rosidential parent (mother)
shall provido copios of all school and medical records of the
children to the non-residontlal paront (father).
6. That tho Court of Common Pleas of Cumberland County,
Pennsylvania, shall rotain juriSdiction over this custody matter.
BY TilE COURT:
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VICTORIA L. FRANCART,
Plaintiff
vs.
IN TilE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
MARTIN A. FRANCART,
Defendant
NUMUEII
1169 CIVIL 1994
CUS1'ODY
MOTION
.
I attorney, Charles E. Petrie, and respectfully represents as
NOW COMES the Plaintiff, VICTORIA L. FRANCART, by her
follows:
1, That Plaintiff is VICTORIA L. FRANCART, an adult
individual currently residing at 25 North View Drive, Carlisle,
..
County of Cumberland, Pennsylvania.
2. That Defendant is MARTIN A. FRANCART, who currently
resides at 9145 S.W. 72nd Avenue IV-4, Miami, County of Dade,
Florida.
3, That the parties are the natural parents of three minor
children, JACQUELINE RUTH-MAE FRANCART, born October 5, 1987;
ABIGAIL MARIE-LYNN FRANCART, born February 21, 1989; and LIZA
LYNN-JOAN FRANCART, born October 1, 1991.
4. That the parties have entered into a Stipulation
concerning the matters of custody and visitation with respect to
the minor children, and the said Stipulation is attached hereto.
5. That the parties desire that said Stipulation be entered
as an Order of Court.
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WHEREFORE;-'P1'ii1ri€Tn respectfullyrecjiiesi:stnat your..... ,--
......-......."--
Honorable Court enter an Order pursuant to the attached
StipUlation.
Respectfully submitted
f.:.:..GJ F~..;L
CHhRLES E. PETRIE
3529 Brisban Street
Harrisburg, Ph 17111
(717) 561-1939
httorney for Plaintiff
.' ._._M...._._
_.........______.___......_.......'uuno.--..
011lfR1JW COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
VICTORIA L. FI~ANCART,
Plaintiff
Numhcr: 1169 CIVil. 1994
vs.
CUSTODY
MARTIN A. FRANCART,
Defendant
STIPULATION
AGREEMENT made this .n/( day of /1,1>,.,1 ,19....24..... h}' and hetween
MARTIN A. FRANCART, hereinafter referred to as "father" and VICTORIA L.
FRANCART, hereinafter referred to as "mother,"
WITNESSETH:
WHEREAS. the parties hereto are the natural parents of three (3) minor children:
Jacqueline Ruth-Mae Fmncart
Born: 10/05/87
Ahigail Marie-Lynn Francart
Born: 02/21/89
Liza Lynn-Joan Francart
Born: 10/01/91
and
WHEREAS, the parties have come to an agreement concerning the issues of
custody and temporary physical custody with respect to these children;
NOW THEREFORE. intending to he legally hound and intending that an Order
of Court he entered hy the Court of Common Pleas of Q.rri:erlardCounty, Pennsylvania.
it is hereby agreed as follows:
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I. That primary physical cllslmly of JACQUELINE RUTH-MAE FRANCART,
horn Octoher 5, 1981; ABIGAIL MARIE.LYNN I'RANCART, horn I'ehnmry 21, ll)lllJ;
amI L1ZA LYNN-JOAN I'RANCART, horn (kloher I. 1991, shall he ami relll,.ill wilh
their mother, VICTORIA L. FRANCART,
2, Each of the parties agree that they shall exert every effort to maintain free
access and unhampered contact hetween the children and the ot~er parent and III fosler
a feeling of affection hetween the children and the other parent. Neither parent shall do
anything which would estrange the children from the other, which would injure the
opinion of the children as the children's mother or father, or which would impair the
natural development of the child's love and respect for each of the parenl~, At all
times, the parents shall strive for a working relationship in the hest interest of the
children. The parents shall also restrain other persons from denigrating the other parent
in the presence of the children.
3. Each parent agrees to allow open, hut reasonable, right of telephonic
communication with their children,
4. It is agreed that the "mother", VlcrORIA L, FRANCART, shall he the
primary residential parent and the "father", MARTIN A. FRANCART, shall have liberal
visitation to include but not he limited to:
a, Two (2) weeks each year during school summer vacation
arc to he arranged with sixty (60) days advance
2
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nlltice hy thc nlln,rc.~idcntial parcnt,
h. The primary residcntial parcnt (mllther) shall give the nlln.
residential parcnt (father) sixty (611) days nlltice IIf
vacatillns ur special plans fur the child tu avuid planning
conl1icL~,
c. Special Hulidays: In even-numhered ycars, "father" has the
first half of Christmas vacation with the children and in
the odd-numhered years the second half IIf Christmas
vacatiun until the children reach the agc IIf majority.
d. Said visitations with the non-residential shall he at the
exclusive expense of the non-residential parent and the
non-residential parent shall continue to pay child support
to the residential parent during this time,
e. If the non-residential parent doesn't plan to exercise his
visitation he must give the residential parent (mother)
thirty (30) days advance notice,
f. Father shall not obtain medical or denlal services for the
children without Mother's prior knowledge and consent.
The Father will be:
3
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i1uthori1.cd to provide medicill iIoll/or lIenlill services onller clllergency
situations,
g, It is further agreed that neither party shall relllove the chilllren from
the United States without prior written permission of the other parent
or by Order of the Court,
5. Upon receipt of same, the residential parent (mother) shall provide copies of
all school and medical records of the children Ul the non-residential parent (father),
6. That the Court of Common Pleas of ClIlt:erlan:! County, Pennsylvania, shall
retain jurisdiction over this custody matter.
IN WITNESS WHEREOF, the parties have hereunto set their hand and seal this
day and year first above written, ,
02e~J ()~
Witness
/!!Lr~~
MARTIN A, FRANCART
b.' ,
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Witness
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Exhibit B
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Exhibit C
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CLIENT'S COpy
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r('(.~ueSling.lh;u I\tr~. T'~f u:i;r:n:~(1\'\:ly jndi~,ll.~ h~r J;::.-em;:r-: who: r..'qu,,'~,:. .if1d (wn :Iskin~ thnl :ih~ J,l S" b~\
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sh~ is, !ll't c.{'in~ to ,,'(,,-,r-Jl..'r:t:c. m1J \..h. !"~['trl:.!rr \'. iil :lee:, ill'! Order (tfC{,"ltlrt n,';.',': iri:1!! n,,'r ~(".,t:')Ii:ti1C~ wilh t~tl.:
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100 Nortb I1ll1onr ~'reel'
Carlisle, PA 17013
(717) W.5551
11800) 3~7-5551
.',\X (717) 1~J.506J
H.ply 10: Carlbl.
V.1'U..1'.1'.1'c' &X fi':)':)V\..-lA 1 ~~
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Attomeys and COl/nselors At Lalli
,
Bradley L. Grlflie:Esqulre
. .
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38 Nonb 1\o1lln Slreel
Chlntbcnbull:. P,\ 11101
(717) 167.1350
Robin J, COlborn
Lq;oJ Aulsi.nt
August 14,2000
James D. Wolman, Esquire
53 North Duke Street, Suite 309
Lancaster. P A 17602
RE; Victoria A. Twigg/Martin A, Francart
r'~~~
Dear Mr, Wolman:
Your correspondence to me of August 8, 2000, suggests that you have not been provided
with the volumes of information from Mr, Francart relative to this case and what has occurred
since May 2, 1994. I would be happy to share with YOll all of the infonnation associated with the
fact that Mr, Francart has not attempted to see the children from several years, that prior to that
his attempts to see the children were determined to be less than genuine by the custody
conciliator involved in this case, that Mr, Francart was involved in extensive negotiations for the
past year to voluntarily terminate his parental rights to the children and that the children have not
had any contact whatsoever with him for approximately two (2) years. The last time this matter
was at issue, Mr. Francart withdrew his request for a hearing to secure time with the children on
the eve of the hea~ing.
Ms. Twigg is not interested in Mr. Francart having any contact with her children. The
children have finally gotten over the emotional roller coaster that Mr. Francart put them on
several years ago when he came in and out of their life. My client is not going to put them back
on that roller coaster.
Please advise if your client intends to insist on enforcing the language of the May 2,
1994, Order. If he is going to do 50, we will, as we have in the past, file a Petition for
Modification of Custody so that an Order can be entered clearly evidencing the fact that Mr.
Francart should have no contact with the children.
BLG/kjl
cc: Victoria A. Twigg
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ORDER/NOTICE TO WITHHO.!.,o INCOME FOR SUPPORT
lJld, 'II,! - ~O() t( (lII"lL
State Commonwealth of Penn.vlvanla 1;}.X'C;fS' "'/S-/ooccJ.J- 3
Co.lCily/oist, of CUMBERLAND 2lA:. .;tC; :'> . '
Date of Order/Notice 12/03/01 ' ~((J I
Coun/Case Number (See Addendum (or case summary)
o Ori81",,1 OnlN/Nollco
o Amended Order/Nolice
o Termln.1le OnJer/NoUcc
Employo,lWilhholdo,', Fodo,.1 EIN Numhor
DPAS-RETIREMBNT
Emplol"'rlWlthholder" N.mo
CLEVELAND CENTER CODE LG
Emplol"',lWilhholdor', Md",..
PO BOX 998002
CLEVELAND OH 44199-8002
) RE: ROZMAN, JOHN J.
) Emplol"'('/OblI8or', N.mo IL.SL Flrsl, Mil
) 184-26-5728
) Emplol"'_/ObIl80r" Sod.,Socurily Numoo,
) 4620000026
I Emplol"'e/OblI8or', C...ld_nIlOo,
I IS.. Addtndum (IX plilntHf n....' iuodittd with cu., on illimm.nfl
) Custadl.1 P.",nl', N.me ILuL First, Mil
)
See Addendum (or dependent names and birth dates assodated with cases on attachment.
ORDER INFORMA TION: This is an Order/Notice 10 Wilhhold Income for Suppon based upon an order for suppon
(rom CUMBERLAND COUnly, Commonwealth o( Pennsylvania, By law, you are required to deduct Ihese
amounts from the above.named employee's!obligor's income until (unher notice even i( the Order/Notice Is not
issued by your State,
S 1,580.00 per monlh in currenl suppon
So. 00 per month in past-due suppon Arrears 12 weeks or greaterl 0 yes (X) no
S 0,00 per month in medical suppon
S 0,00 per month (or genetic test costs
S per monlh in other (specify)
for a total of S 1,580.00 per month to be forwarded to payee below.
You do not have to vary your pay cycle 10 be in compliance wilh Ihe suppon order. If your pay cycle does not match
the ordered suppon payment cycle, use the following to determine how much to wilhhold;
S 364,62 per weekly pay period.
S 729 23 per biweekly pay period (every two weeks),
S 790,00 per semimonlhly pay period (twice a monlh),
S 1,580,00 per monlhly pay period,
REMITTANCE INFORMATION:
You must begin withholding no later than the firsl pay period occurring ten (10) working days after Ihe date of this
Order/Notice. Send payment wilhin seven (7) working days of the paydateldale of wilhholding, You are entitled to
deduct a fee to defray the cost of withholding, Refer 10 Ihe laws governing Ihe work stale of your employee for the
Ihe allowable amounl, The 101011 withheld amount, and your fee, cannot exceed 55% of the employee's! obligor's
aggregate disposable weekly earnings. For Ihe purpose of the Iimllation on withholding, the follOWing Information is
needed (See #9 on pg, 2),
If remilling by EFTlEoI, please call Pennsylvania State Collections and ~isbursement Unit (SCoU) Employer
Cuslomer Service at I.B77.676-9580 for instructions.
Make Remittance Payable to: PA SCDU
Send check to: Pennsylvania SCDU, P.Q, Box 69112, Harrisburg, Pa 17106-9112
IN ADDITION, 1',1, YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE pACSES MEMBER 10 (shown
above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED.
DO NOT SEND CASH BY MAIL.
Date of Order:
DEe 4 2001
BY~rtn
~~ \f\(&'1~
~U\o-A..e ,),81ME.Y J(.}fX.,{;
Form EN.028
a.''''.'."...". Worker 10 $OINC
hpiFlliono.te:l2fHIOO
,
ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
o I( checked you are required 10 provide a copy o(lhi. form 10 your employee,
1, Priorily: Wilhholding under this Order/Nolice ha. priorily over any olher legal process under Slale law against Ihe .ame income,
Federallolx levie. in effect before recelpl o(lhi. order have priorily, If there are Federal lax levle. in effect plea.e conlact the reque'ling
agency listed below,
2, Combining Paymenls: You can combine wilhheld amount. from more Ihan one employee/obligor'. income in a .ingle polymenl
10 each agency reque.ting Wilhholdlng, You mu.l, however, .epolralely idenlify the ponion of Ihe .ingle payment Ih., i. a<<ribulable 10
each employee/obligor,
), . -Report;, 'R II,e Po rdate'allM1>fWithholding:-Yottm...t~rt the pa rdateldalet>fwithholding .. I ,e., sending-II ,e pay.,e, ,I, The-
paydateldalc vf "ilhl,oldi.'R is Ihe dalo 01< ..hidnlmounlwas ..ilhheldlrontthe-emplu,o.'s "ages, You must comply with Ihe taw o(lhe
stale o( Ihe employee's/obllgor'. principoll place o( employmenl with re.pect 10 Ihe lime period. wilhin which you mu,' implementlhe
wilhholding order and forward the .uppon polymenls,
4,' Employee/Obligor with Multiple Suppon Holdings: I( Ihere is more Ihan one Order/Nolice 10 Withhold Income (or Suppon
against Ihis employee/obligor and you are unable to honor allsuppon Order/Notice. due to Federal or SloIle wilhholding limit., you must'
(ollow Ihe law o( Ihe .tale o( employee's/obllgor'. principal place o( employmenl, You mu.t honor all Orders/Nolice. 10 the grealest
exlenl possible, (See #9 belowl
5, Terminallon NOlificalion: You must promplly nOlify Ihe Requesling Agency when Ihe employee/obligor Is no longer working for
you, Please provide Ihe informalion requested and relurn a copy ollhi. OrderlNolice 10 Ihe Agency idenlified below,
WITHHOLDER'S 10: 2014100094
EMPLOYEE'S/OBLIGOR'S NAME: ROZMAN. JOHN J ,
EMPLOYEE'S CASE IDENTIFIER: 4620000026 DATE OF SEPARATION:
LAST KNOWN HOME ADDRESS:
NEW EMPLOYER'S NAME/ADDRESS:
6, Lump Sum Paymenls: You may be required to repon and wilhhold (rom lump .um polymenl. .uch as bonu.e., commissions, or
severance pay, 1fyou have any questions about lump .um paymenls, conlolct Ihe person or aUlhorily below,
7, Uabilily: I( you (ail to wilhhold income a. Ihe OrderlNolice directs, you are liable (or bolh Ihe accumulaled amount you should
have wilhheld (rom Ihe employee/obligor'. income and olher penaltie. set by Pennsylvania SloIle law, Pennsylvania SloIte law governs
unless Ihe obligor is employed in anolher SloIle, in which case Ihe law o( the SloIle in which he or she is employed govern.,
8, Anli-discrimlnalion: You are .ubjecllo a fine delermlned under SloIte law (or discharging an employee/obligor from
employmenl, refu.ing to employ, or IoIklng di.cipllnary action against any employee/obligor becau.e o( a support withholding,
Pennsylvania SloIle law govern. unle" Ihe obligor is employed in anolher Slale, in which ca.elhe law o( Ihe SloIle in which he or .he is
employed govern.,
9,' Wilhholding Umi,,: Vou may not wilhhold more than Ihe le"er 0(: 11 the amounll allowed by Ihe Federal Con.umer Credil
Proleclion Act (15 U,S,C, S 1 67) (bl1; or 211he amounllallowed by Ihe SloIle o( Ihe employee's/obllgor's principal place o( employment.
The Federal limit applies to Ihe a88regale di.posable weekly earnings (ADWE), ADWE is the net Income leh aher making mandatory
deductions such as: SloIle, Federal, locallolxes; Social Securily IoIxes; and Medicare IoIxes,
10,
'NOTE: I( you or your agent are served with a copy o( Ihis order In the state that Issued the order, you are 10 follow the
law of the state that issued Ihis order with respect 10 these items.
Requesting Agency:
DOMESTIC RELATIONS SECTION
13 N, HANOVER ST
P,O, BOX 320
CARLISLE PA 17013
If you or your employee/obligor have any questions,
contact WAGE ATTACHMENT UNIT
by lelephone at (71 71 240-6225 or
by FAX at 17171 240-6248 or
by Inlernel @
Page 2 of 2
Form EN,028
Worker 10 SOINe
Service Type M
OMR '0.: 0910.o1!<1
hpir.allorlD..~1!': 11I)IIOO
.
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ADDENDUM
Summary 01 Cases on Attachment
Defendant/Obligor: ROZMAN, JOHN J,
/
PACSES u.e Number 451DDDD2J/g7 Ct:;J(p f
Plaintiff Name
DORRBL F. ROZMAN
~ Attachment Amount
94 r::v 3004 S 1.580,00
Childlren)'s Name(s): DOB
PACSES u.e Number
Plaintiff Name
Dorket Attachmenl Amount
S 0.00
Childlren)'s Name(s):
DOB
o If checked, you Jre required 10 enrolllhe childlren)
Identified above In any heahh Insurance coverage available
through the employee'slobllgor's employment.
o If checked, you Jre required to enroll the child(ren)
Identified above In any heahh Insurance coverage available
through Ihe employee'slobllgor's employment,
PACSES u.e Number
Plainliff Name
Dorket Attachment Amount
S 0.00
Chlldlren)', Name(s):
PACSES u.e Number
Plaintiff Name
J2!2d!!:l Attachment Amount
S 0.00
Chlld(ren)'s Name(s):
DOB
DOB
o If checked, you are required to enroll the child(ren)
identified above in any heahh Insurance coverage available
through the employee'slobligor's employment,
o II checked, you are required to enroll the chlld(ren)
Identified above in any heahh insurance coverage available
Ihrough the employee'slobligor's employment.
PACSES u,e Number
Plaintiff Name
~ Attachment Amount
S 0.00
Childlren)', Name(s):
PACSES u.e Number
Plaintiff Name
Docket Attachment Amount
S 0.00
Chlld(ren)'s Name(s):
DOB
DOB
o If checked, you are required 10 enrolllhe child(ren)
identified above In any heahh Insurance coverage available
through the employee'slobllgor's employment.
o II checked, you are required to enroll the child(ren)
Identified above In any heahh Insurance coverage available
Ihrough Ihe employee'slobligor's employment.
Addendum
Form EN.028
Worker 10 $OINe
Service Type M
O.\lB'<l.:0970.0IU
hpir.lionO.If!: 12/)1.100
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VICTORIA L. (FRANCART) TWIGG, : IN THE COURT OF COMMON PLEAS OF
Plaintiff/Respondent: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
MARTIN A. FRANCART, : NO. 1169 of 1994
Defendant/Petitioner : IN CUSTODY
AND NOW comes Respondent, Victoria L. Twigg, by and her counsel ofreeord, Bradley
L. Griffie, Esquire, and files the following Preliminary Objection.
OBJECTIONS TO VENUE
1. Petitioner, Martin A. Franeart, has initiated a Petition to Modify Custody under the
above docketed number in the Court of Common Pleas of Cumberland County,
Pennsylvania.
2. Respondent and the children at issue, have resided in Perry County, Pennsylvania,
since 1995.
3. While there have been prior Orders entered in this case in Cumberland County,
Pennsylvania, the last proceedings in Cumberland County oeeurred through the entry
of an Order of November 21, 1997.
4. A subsequent hearing scheduled in this mailer for May 19, 1999, based upon
Petitioner's Petition for Modilication of Custody, was abandoned and withdrawn by
Petitioner.
r;""'''''' ,,~,~jltA'ifO!"":':':
5. Respondent has initiated a custody proceeding in Perry County, Pennsylvania, the
proper county of venue, which has caused a conference to be scheduled on the issue
of modification of custody.
6. Pursuant to 23 Pa.C.S. ~~5341 et. seq. and Pa.R.C.P. ~ 191 5.5, proper jurisdiction and
venue to hear this matter is the Court of Common Pleas of Perry County.
WHEREFORE, Respondent requests your Honorable Court to dismiss the Petition to
ModifY Custody filed by Petitioner in the above captioned action.
Respectfully submitted,
Date: 12-\J.jj 0 (
Iffie, E uire
o e or PlaintijJlRespondent
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
r;'"'~'::'? '~_",",._. :$tl1{~~~;~_
I veritY that the statements made in the foregoing document arc true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904, relating to unsworn falsification to authorities.
DATE:~
({r
vICT RIA TWIGG
VICTORIA L. (FRANCART) TWIGG, : IN THE COURT OF COMMON PLEAS OF
Plaintiff/Rcspondcnt : CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
MARTIN A. FRANCART, : NO. 1169 of 1994
Defendant/Petitioner : IN CUSTODY
CERTIFICATE OF SERVICE
11-
I, Bmdley L. Griffie, Esquire, hcreby certify that I did, the l.'i- day of December, 200 I,
cause a copy of Plaintiff/Respondent's Preliminary Objections, to be served upon counsel for
Defendant by first class mail, postage prepaid at the following address:
Paul J. Esposito, Esquire
Goldberg, Katzman, and Shipman
P.O. Box 1268
Harrisburg, P A 17108-1268
DATE:~
. rime, Esquire
A IICY r Plailltiff
RIFFlE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717)243-555 I
(800)347-5552
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: IN THE COURT OF COMMON PLEA~J(W 1 8 ZUO} ~~
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
VICTORIA L. (FRANCART) TWIGG,
Plaintiff/Pctitioncr
MARTIN A. FRANCART, : NO. 1169 of 1994
Defendant/Respondent : IN CUSTODY
ORQER OF COURT
AND NOW thiS~~y of ~LCL~fIt
, 2001/2002, upon presentation
and considemtion of the within Petition, a Rule is hereby issucd upon the Respondent, Martin A.
Fmncart, to show cause, if any he has, as to why the pending Petition for Modification of
Custody should not be tmnsfcrred to the Court of Common Pleas of the 41" Judicial District of
Pennsylvania, Perry County Bmnch, as the Court of proper venue.
Rule returnable at a hearing to be held on /J1tJJ.Jt:I.r.. tJ , the ~day of
1-;:A1G/..lA~Y ,2002, at B: ~O A._.m. in Courtroom #s...of
the Cumberland County Courthouse, Carlisle, Pennsylvania.
Scrvice to be made upon counsel of record for the Respondent by first class mail, postage
prepaid.
cc:
Bmdley L. Grime, Esquire
AI/orney for PlailllijJlPetitioller
Paul J. Esposito, Esquirc
AI/orney for Defelldalll/Respolldellt
t.JIAdI/UJE. ~'eld J~
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CUi!.:'::"'J' 'iu COUi\'1Y
PENNSYLIfAN:A
VICTORIA L. (FRANCART) TWIGG,
PlaintifflPctitioner
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION . LAW
MARTIN A. FRANCART, : NO. 1169 of 1994
Defendant/Respondent : IN CUSTODY
f.l!RSUAIST TQ Pa.R.C.e.JJ915.2(~)
AND NOW comes Pctitioner. Victoria L. Twigg, by and through her counsel, Bmdley L.
Grime, Esquirc, and files thc following Pctition:
I. Pctitioncr is the above named Plaintiff, an adult individual currently residing at 482
Limekiln Road, Newport, Pcrry County, Pennsylvania.
2. Rcspondent is thc above named Defcndant, an adult individual whose last known
mailing address is P.O. Box 2842, Samsota, Florida, 34230.
3. Respondent is rcpresented in the abovc captioned proccedings by his counsel, Paul J.
Esposito, Esquirc, and the law firm ofGoldbcrg, Katzman, and Shipman.
4. Respondent filcd a Petition for Modification of Custody, which has caused a
conciliation confercnce to be schcduled for January 7, 2002, at I :00 p.m. beforc
Melissa P. Grecvy, Esquire, thc Court's custody conciliation omcer.
5. Pctitioncr has filcd a Pctition for Modification of Custody with the Court of Common
Picas of thc 41" Judicial District of Pcnnsylvania, Pcrry County Bmnch, which has
caused a confercnce to bc schcdulcd in this same maltcr.
6. Thc childrcn and thc Petitioncr havc rcsidcd in Pcrry County, Pennsylvania, sincc
1995.
7. Thc last proceeding schedulcd bcforc thc Court in this matter was a hcaring on a
Pctition for Modification of Custody filed by Rcspondent hercin, which causcd a
hcaring to be schedulcd for May 19, 1999, but which action was withdmwn on May
19,1999, by Rcspondcnl.
8. The last Ordcr cntcred in this matter by thc Court rclativc to custody was on
Novcmbcr 21,1997, by the Honomblc Harold E. Shccly.
9. The last hcaring in this mattcr where thc parties were heard was in September 1997.
10. All of the witncsses, nil documentation, and all partics who would testify on behalf of
the Pctitioncr in this mallcr, as well as in support of the childrcn's position are in
Pcrry County, Pcnnsylvania.
II. Respondent rcsides in Florida.
12. There arc no witnesscs, cxhibits, documents, or information known to Petitioner that
cxists in Cumberland County, Pennsylvania, that would cause Cumberland County,
Pcnnsylvania, to havc the propcr jurisdiction for this mattcr.
WHEREFORE, Petitioner requcsts your Honomble Court to issue a Rule upon
Respondcnt, to show causc, if any he has, as to why this mattcr should this mallcr should not be
,.....
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tmnsfcrrcd to the Court of Common Picas of the 41" Judicial District of Pennsylvania, Perry
County Bmnch.
Respcetfully submitted,
riffic, Esquire
y for PlailltijJlPetltioller
FFIE & ASSOCIATES
200 North Hanovcr Strcct
Carlislc, PA 17013
(717) 243-555 I
(800) 347-5552
I verify that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904, relating to unsworn falsification to authorities.
DATE: 17...1,~/c I ~ -
vr&6~A TWIGG
VICTORIA L. (FRANCART) TWIGG, : IN THE COURT OF COMMON PLEAS OF
Plaintiff/Respondcnt : CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
MARTIN A. FRANCART, : NO. 1169 of 1994
Dcfendant/Pctitioner : IN CUSTODY
!El:rIFICA'I:E OF SERVlCE
.,...
I, Bmdley L. Griffic, Esquirc, hercby ccrtify that I did, thc ~ day of December, 2001,
cause a copy of PlaintifflPetitioncr's Pctition to Transfcr to Propcr Vcnuc, to bc scrved upon
counsel for Defendant by first class mail, postagc prcpaid at thc following address:
Paul J. Esposito, Esquirc
Goldbcrg, Katzman, and Shipman
P.O. Box 1268
Harrisburg, PA 17108-1268
DATE:~
Ie,
ley j) Plaillti
FFI & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717)243-555 I
(800)347-5552
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OOLDBBRO. !(ATZMAN & SIIIPMAN. P.C.
PouIl. Bopaoilo, EoquiR
Supreme Coun lO'250U4
320Markd SlNd. P.O. 801. 1%61
I~PA 11101.1261
^""""" r.. Dd'aodw
VICTORIA L. FRANCART,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 1169 CIVIL 1994
v.
MARTIN A. FRANCART,
Defendant
CIVIL ACTION - LAW
CUSTODY
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
)
)
)
SS:
COUNTY OF DAUPHIN
Personally appeared before me, a Notary Public, in and for said Commonwealth and
County, PAUL J. ESPOSITO, ESQUIRE, who being duly sworn according to law deposes and says
that on December 5, 2001, he sent a certified copy ofa Petition to Modify Custody Order by certified
mail, return receipt requested, restricted delivery, to Ms. Victoria Tigg, c/o Doug Tigg, R.
D. 2, Newport, PA 17074, and the return receipt card signed by Victoria Twigg and shoWDas being
delivered December 10, 2001, is attached heretolnd ade a ~a ereof.
J' d/.
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PAULJ. POS
Sworn to and subscribed
before me this J~
day of December, 200 I.
(I 6-b'i il?~:~ ",-,
- Notary Public
My Commission Expires:
HIdD NOISSIVO'l >>'I
A1Nnro NIHdnvo 'llllnesIHlIV!!..
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Item 4 n Reetrtcted Delivery II d..lred.
. PrInt your name end .dd.... on the rev....
10 that w. can mum the card to you.
. Attech thll card to the back 01 the mellplece.
or on the lront n lpece pennlts.
1. MJcle_lo:
0, d'lI...nlflom Item 17
If YES. ...1.. dullvery llCld.... buIow:
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: PS Fonn 3811, July 1999
~~. Victoria Tigg
c/o Doug Tigg
R.D. 2
Newport, PA 17074
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UcertilIod Mall lJ ExpIUU Mall
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4. Res_ DuIvery'I (FxtRI Fee) UVea
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GRIFFIE & ASSOCIATES
Attorneys and Counselors At Law
JAM - 8 2002,3
Bradle9'L Grime, Elquire
Marylou Malaa, E.qulre
200N___
eu.Ie,'A 17013
(7t7) 2005551
1(IClO)347-555Z
3IN_~_
~'A 17201
(717) 267.1350
Fa (117) WoSlIQ
Robia J. GoIbora
u,alAU/1/IJIIl
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January 4, 2002
Thc Honorablc Edward E. Guido
Cumberland County Courthousc
One Courthouse Square
Carlislc, PA 17013
RE: Twigg v. Fmncart
No. 1169 of 1994
Dcar Judge Guido:
You havc schedulcd a hcaring bascd upon our Pctition for Special Rclief in the nature of
objection to jurisdiction or vcnuc in thc above captioned mattcr. I belicvc it is important for thc
Court to bc aware that we havc initiated a proceeding in Pcrry County, the county wc believc to
havc jurisdiction. I am alcrting you to this based upon the cncloscd corrcspondence that was
forwarded from the Honomble Kcith B. Quiglcy to his Prothonotary's omce and to thc
Cumbcrland County Court Administmtor's omcc. Attached to the correspondencc is an Order
in whieh hc is csscntinlly rcfcrring this matter to a rcsolution through thc Cumberland County
Courts in conjunction with Judge Quigley's contact with thc Cumbcrland County Court.
I providc you with this information in an cffort to kecp cach Court advised of thc
proccedings in front of thc othcr Court.
Your courtcsy in this matter is apprcciated.
BLGlkjl
....~-~~
Enclosure
cc: Victoria L. Twigg
Paul J. Esposito, Esquirc
Thc Honomblc Kcith B. Quiglcy
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KEITH B. QUIGLEY
PIIESlDl!."II' n:OOB
COURT OF COMMON PLEAS
41slJUDICIAL DISiRlCTOF PENNSYLVANlA
luni.:lta and Peny Counties
(717) 582-2131
P.O. Box 668
NEW BLOOMl'lEUl, PA 17068
December 28, 2001
Mrs. Brenda Albright
Prothonotary's Office
Perry County Courthouse
New Bloomfield, Pat 17068
Re: Victoria L. (Francart) Twigg
v.
Martin A. Francart
Perry Co. 2001-1132
Dear Mrs. Albright,
I am enclosing an order in the above matter for filing. I directed copies of this order
to counsel for petitioner and also to the Cumberland County Court Administrator.
I think the order is generally self-explanatory and I am sure that Mr. Griffie will
move the issue of jurisdietion before the Cumberland County Courts promptly.
In the meantime, all parties are advised that this court is prepared to discuss the
issue of jurisdiction with Cumberland County and to assume jurisdiction or not assume
jurisdiction as would appear to be appropriate.
All parties are advised that no further action will take place in Perry Count). ,until
the above issue has been resolved.
Very Truly Yours,
KBQ: mlf
enclosure
Cc: Cumberland County Court Administrator
. Brad Griffie, Esq.
(with enclosure)
"
VICTORL\ L. (FRANCART) TWIGG
: IN THE COURT OF COMMON PLEAS
: OF THE .nST JUDICIAL DISTRICT
: OF PENNSYLVANIA
: PERRY COUNTY BRA1'lCH
: NO. 2001-1132
v.
I
I
I MARTIN A. FRANCART
I
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I
ORDER
,UID NOW, December 28, 2001, from the allegations in the within petition it would
; appear that an extensive custody history exists between the parties which, until the present
,
,
petition, have been the subject of numerous orders in Cumberland County pursuant to
i :"lumber 1169 CIvil 1994. It further appears that jurisdiction may well exist in Perry
: County based on recent cireumstances but it further appears that defendant in the within
: custody action has apparently attempted to address the Cumberland County Court
,
i recently on the custody issue. It is therefore
: DIRECTED that this action, although filed in Perry County, be held in abeyance
,
! until the Court of Cumberland County has an opportunity to address the issue of ,
,
: jurisdiction. It is noted that this court is wilIing to proceed with the within matter
, forthwith depending on Cumberland County's position in the matter.
T,
\
, Cc:~1)radley L. Griffie, Esq.
Defendant
File
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GRIFFIE & ASSOCIATES
AttJJrneys and Counselors At Law
Bradley i.. Griffie, Esquire
1001'1_0-.._
c-.'A 170lJ
(7t7) ~t
t(800)347-5SS1
311'1___
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(717) 167.tJSO
Fu(717)14WOO
Marylou Malal, Elquire
Robin J. GOIbOI'll
LoJolAJI'''''1lI
RapIJlol ~
January 4, 2002
The Honorable Keith B. Quigley
Perry County Courthouse
Center Square
New Bloomfield, PA 17068
." ..
.
RE: Twigg v. Francart
NO. 2001-1132
Dear Judge Quigley:
In response to your correspondence of December 28, 2001, to the Prothonotary's omce,
which was copied to the Cumberland County Court Administmtor's omce and to me, as well as a
copy of the Order that was entered in this case dated December 28, 200 I, please be advised that we,
in fact, have filed Preliminary Objections in Cumberland County to the Petition for Modification
filed there. We have also filed a Petition objecting to jurisdiction and venue in this maner, which has
been scheduled for a hearing before the Honomble Edward E. Guido in Cumberland County on
February 4, 2002, at 8:30 a.m. I enclosed a copy of that Petition and Order for your considemtion
and to keep you abreast of all our efforts to conclude this mailer in Cumberland County.
Also, enclosed is a copy of correspondence I senlto Judge Guido to keep him abreast of our
proceedings in Perry County.
Finally, please be advised that Anomey Paul J. Esposito is counsel of record for Mr. Francart
in Cumberland County. I realize as of this date he is not of record in Perry County in this case, but I
have provided him with a copy of your correspondence and Order of Court of December 28"h as well
as suggesting that he consider tiling a Pmecipe to enter his appearance in this maner. If possible, as
there are further proceedings in Perry County, I would appreciate if the Court would deem it
appropriate to copy Mr. Esposito on matters associated with the Perry County proceedings.
Your anention is appreciated.
. .
BLG kjl
Very,91Jly yours,
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Enclosures
cc: Victoria L. Twigg
Paul J, Esposito, Esquire
The Honorable Edward E. Guido v
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: CIVIL ACTION - LAW
VICTORIA L. (FRANCART) TWIGG,
Plaintiff
MARTIN A. FRANCART,
Dcfcndant
: NO. 1169 of 1994
: IN CUSTODY
ORDER OF COURT
AND NOW this l3"'day of f~
, 2002, upon presentation and
considemtion of the within Pctilion for Continuance prcviously schcduled in this matter for
Monday, February 4, 2002, at 8:30 a.m. is continued gcnemlly to be rcscheduled at the request
of either party or counsel.
EDWARD E. GUIDO, Judge
cc: Bmdley L. Griffic, Esquire
AI/ort/ey for Plaill/iff
Paul J. Esposito, Esquire Ar'~ ';-/3' oJ-
AI/oriley for Defelldal/t q.,
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VICTORIA L. (FRANCART) TWIGG,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
MARTIN A. FRANCART,
Dcfendant
: NO.11690f1994
: IN CUSTODY
AND NOW comcs Pctitioncr, Bmdlcy L. Grime, Esquirc, and Pctitions the Court as
follows:
1. Your Pctitioncr is counscl ofrccord for thc abovc named Plaintiff, Victoria L. Twigg.
2. Thc Dcfcndant, Martin A. Fmncart, is reprcsentcd in thcsc proceedings by Paul J.
Esposito, Esquire, of GOLDBERG, KATZMAN, & SHIPMAN PC, P.O. Box 1268,
Harrisburg, P A 17108-1268.
3. The partics belicve thatthcy have rcachcd a comprchcnsivc agreement relativc to a
wide varicty of issues relative to their children, which suggests that the hearing
presently scheduled in this mattcr for Monday, Fcbruary 4,2002, will be unnecessary.
4. The parties are in thc proccss of documenting their agrccmcnt, but will nccd a fcw
more days to securc the signatures on thc final written agrecment, as Dcfendant,
Martin A. Fmncart, rcsides in the statc of Florida.
5. The partics jointly requcst that the hearing in this mattcr schcdulcd for Monday,
February 4, 2002, be continucd genemlly to bc rclistcd or reschcduled at the requcst
"
of either party or counscl in the evcnt thc parties are unable to consummate their
cxpectcd Agrecmenl.
6. Paul J. Esposito, Esquirc, has bccn provided with a copy of this Pctition for
Continuance and concurs in this rcquesl.
WHEREFORE, Pctitioncr rcquests your Honomblc Court to continuc the hearing in the
above captioned mattcr, gcncmlly, pcnding reccipt of notification from the partics to counsel that
this matter has been resolvcd.
Iy submittcd,
'-"'-"~'''''''',^,;' "
VERI FICA TIOl'1
I verify that the statcmcnts madc in the forcgoing document are trul.l and corrcct. I
understand that falsc statements herein are made subject to the penalties of 18 Pa.C.S. Section
4904, relating to unsworn falsifications to authoritics.
DATE: 11110 do.
I ,
FIE, ESQUIRE
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MAR 2 8 2007 ;>
VICTORIA L. FRANCART,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94-1169 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
Plaintiff
v.
MARTIN A. FRANCART,
Defendant
ORDER TO RELINQUISH JURISDICTION
AND NOW, this 26'h day of March, 2002, the counsel for parties having requested a thirty
(30) day continuance on December 31, 2001, and the Conciliator having received no further request
for the Custody Conciliation Conference to reconvene, hereby relinquishes jurisdiction of the above
captioned maUer,
FOR THE COURT:
'11JR..,..
eUssa Peel Greevy, Esquire
Custody Conciliator
: 156327