Loading...
HomeMy WebLinkAbout02-3490 DAVID CHUBB Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA VS : NO.: 0 J. - .3Lf'tO C,.()~L 'T~ : LEANNE CHUBB Defendant : CIVIL ACTION - LAW IN CUSTODY TO THE HONORABLE JUDGE OF SAID COURT: COMPLAINT FOR CUSTODY I. The Plaintiff is David Chubb, residing at 2603 Shingus Circle, Grantham, Cumberland County, Pennsylvania 17027. 2. The Defendant is Leanne Chubb residing at 405 Mt. Allen Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The Plaintiff seeks custody of the following children Name: Present Residence: Age: Austin Jacob Chubb & Corey Nicholas Chubb 2603 Shingus Circle, Grantham, P A 17027 Austin 7 & Corey 3 out of wedlock. The Austin Chubb was born out of wedlock, Corey Chubb was not born The children are presently in the custody of mother & father During the past five years, the child has resided with the following persons and at the following address: Name: Address: Dates: Name: Address: Dates: David & Leanne Chubb 2603 Shingus Circle, Grantham, P A 17027 David & Leanne Chubb 222 West State Street, Apart. 3 West Fairview, PA 17025 The Mother of the children is Leanne Chubb, currently residing at 405 Mt. Allen Drive, Mechanicsburg, P A. She is married. The Father of the children is David Chubb, currently residing at 2603 Shingus Circle, Grantham, P A. He is married. 4. The relationship of the Plaintiff to the children is that of Father. ThePlaintiff currently resides with the following: Name: Relationship: Leanne Chubb & Austin & Corey Chubb wife & children 5. The relationship of the Defendant to the children is that of Mother. The Defendant currently resides with the following: Name: Relationship: David Chubb & Austin & Corey Chubb husband & children 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning custody of the child in this or another court. The Court, term and number, and its relationship to this action is: N/A Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other State. The Court, term and number, and its relationship to this action is; N/ A Plaintiff does not know of a person not a party to the proceedings who has physical custody of the Child or claims to have custody or visitation rights with respect to the child. The name and address of such person is: N/A 7. The best interest and permanent welfare of the Children will be served by granting the relief requested because (set forth facts showing that the granting of the relief requested will be in the best interest and permanent welfare of the child): The Defendant/Mother has not job to provide a stable living environment for the children. The Defenant/Mother does not have a driver's license and is unable to provide transportation. Eldest son is enrolled in an Individual Education Program (IEP) at his present school. While all schools have an IEP program, to move him out of his established environment may jitrther delay his goal of main stream classroom integration. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the Child will be given notice of the pendency of this action and the right to intervene: N/A WHEREFORE, the Plaintiff, David Chubb respectfully requests this Honorable Court grant him custody of the minor children, Austin Chubb and Corey Chubb. Attorney at Law Walnut Street Harrisburg, PA 17101 (717)238-5113 LD. No. 63881 VERIFICATION The undersigned verifies that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties at 18 Pa.C.S. A., -?:4904 relating to Unsworn Falsification to Authorities. DATE: '7/;;2d j();2.. ??{~c/ (.:) 'is. (") a (\:J C N 0 rt ~ ?" " fi- -c.,lif; "- :-,j n1rp ;:.~ ~ 2:.:: :-1-1# 2:[- ,'-' d (F' ), C.W iT! "- ;::-; ? 8 JU ~ ~:;~ -:"' c) ~ , ,- -.,.., <~ ~.,,., .:!2 " F! _c... :oJ (-) -- 0;1] .0 :-,-( -.0 o-.J :0 -< $ ~ DAVID CHUBB PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 02-3490 CIVIL ACTION LAW LEANNE CHUBB DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, July 26, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Tuesday, August 27, 2002 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a ternporary or permanent order. The court hereby directs the parties to furnish any and aU 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. Greevy. Esq. >> Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TOYOURATIORNEY AT ONCE. IFYOUOONOT HA VB AN ATIORNEY 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 II ...1< ~fr ~ ~'v.v ~ '~--r~$ ~~~ #{YP?- ~~-pI} ~r/-/['.c. ('!7'Ic:-<: r:<V'I['L ViNv~\'7(r\Sj\!r\Jjd }JNnC'<~i r)" !u"~:'~'-~3~~v\rnJ ryl' .?' ;',J I {".i"/[' 7rj ,c, '(,1,-, (, II V.. " ..:., :k) SEP 0 9 2002 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3490 CIVIL TERM CIVIL ACTION - LAW DAVID CHUBB, v. LEANNE CHUBB, IN CUSTODY Defendant INTERIM ORDER OF COURT AND NOW, this /CP'1 day of September, 2002, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, David Chubb and Leanne Chubb, shall have shared legal custody of the minor Children, Austin Jacob Chubb, born April 24, 1995 and Corey Nicholas Chubb, born July 17, 1998. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa. C. S. ~5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. Father shall have custody of the Children from Friday at 4:00 p.m. or after work until Monday morning each week when he returns the Children to school, the day-care provider or to Mother. At all times when Father does not have custody, Mother shall have custody. 3. This Order may be modifiable in the event that Mother obtains employment and the parties are not able to reach an agreement modifying the custodial schedule. This Order is meant to be an Interim Order pending the outcome of a custody evaluation, and hearing if necessary. 4. Austin Jacob Chubb shall be enrolled in Shepardstown Elementary School so that he may continue to receive the IEP services in the environment with which he is familiar and has made substantial progress. ,~: " V1NV/\lASNN3d AlNnOJ C"\f;::nq~'~nC) i l:; :S lid 0 \ d.:lS 20 A'r.Ji.LC',', J'J ~:;:)1'! NO. 02-3490 CIVIL TERM 5. The parties shall participate in an independent custody evaluation. The parties shall submit themselves and their minor Children to an independent custody evaluation to be performed by Reigler, Sheinvold & Associates. The parties shall sign all necessary releases and authorizations for the evaluator to obtain medical and psychological information pertaining to the parties. Additionally, the parties shall extend their full cooperation in completing this evaluation in a timely fashion and in the scheduling of appointments. Father will bear the costs of the evaluation. The parties shall contact the evaluator's office within one week of the receipt of the Court Order so that they may begin scheduling of the evaluation in an expeditious fashion. 6. A hearing is sCheduled~' Co rtroom Number ~ of the Cumberland County G.ourthouse, on the dE) tt\. day of 1,.L... 200....&.. at r ~() o'clock L.M., at which time testimony will e t ken. For the purposes of the hearing. the Mother. , shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody. a list of witnesses who are expected to testify at the hearing. and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. 7. breaks. The parties shall share equally the Thanksgiving and Christmas holiday school J. Disl.: Lee E. Osterling, Esquire, 42 E. Main Street, Mechanicsburg, PA 17055 Joan Carey, Esquire, 8 Irvine Row, Carlisle, PA 17013 ~ ~ 9~ 1~,6~ 9- Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3490 CIVIL TERM DAVID CHUBB, v. CIVIL ACTION - LAW LEANNE CHUBB, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Austin Jacob Chubb Corey Nicholas Chubb April 20, 1995 July 17,1998 Mother Mother 2. A Custody Conciliation Conference was held on August 26, 2002 pursuant to Father's Complaint for Custody filed on July 23, 2002, seeking primary custody of the parties Children. Present for the conference were the Father, David Chubb, and his counsel, Lee E. Osterling, Esquire; the Mother, Leanne Chubb, and her counsel, Joan Carey, Esquire. 3. The parties did not reach an agreement as to the custodial arrangement. Therefore, a recommended Interim Order is attached to this report pending the outcome of the hearing which will be set before the Court. However, prior to the hearing, the parties are going to participate in an independent custody evaluation. 4. Father's position on custody: Father believes he is better suited to have primary custody. Father is presently employed from 7:30 a.m. to 4:00 p.rn. at the Team Pennsylvania Foundation. He does not work weekends. He has some flexibility in his work hours. He believes he is the parent better situated to care for the Children because Mother is unemployed and does not have a driver's license. He is also concerned that when she elected to move, she also enrolled the parties' son, Austin, in a different school in spite of the fact that the school district would have continued to provide transportation so that he could attend the school he attended last year where he received special education services for his learning disabilities. Father produced a letter from the school principal NO. 02-3490 CIVIL TERM indicating that the Child has difficulty with change and through the placement at the Shepardstown Elementary School and that through the school year at Shepardstown he had made great progress academically and socially. Father has voiced his concern that if Mother is the primary custodial parent that she will not be able to actively pursue employment outside the home. Father reports that Mother removed the Children from his custody following his vacation and for some period of weeks refused to allow him any contact with the Children. It was only after counsel became involved that Father was able to see the Children again. 5. Mother's position on custody. Mother claims the reason she denied Father contacted until counsel made arrangements for some periods of partial custody for Father was because she did not want the Children to be snatched back and forth between the parents until there was an agreement about a schedule. Mother states that she is within walking distance of the Northside Elementary School. She reports that Austin knows some of the children at Northside Elementary and believes this familiarity will ease his transition there. He was placed in a multiage classroom. She resides in a two (2) bedroom home with the Children. She is presently not employed outside the home, but does plan to seek employment. 6. The p rties are going to participate in a custod ~ Date elissa Peel Greevy, Esquire Custody Conciliator :162407 David Chubb, : In the Court of Common Pleas of Plaintiff : Cumberland County, Pennsylvania v. : No. 02-3490 Civil Term Leanne Chubb, Defendant : Custody MOTION FOR CONTINUANCE Defendant, Leanne Chubb, by and through her attorney, Joan Carey of MidPenn Legal Services, moves the Court for an Order rescheduling the hearing in the above- captioned case on the grounds that: l. An Interim Order was issued by this Court on September 10, 2002, which in pertinent part scheduled a hearing in the above-captioned case and ordered a custody evaluation. 2. The parties request a continuance of the hearing because more time is needed to fulfill the court-ordered requirement to complete the custody evaluation prior to a hearing. 3. The parties agree, by and through their respective counsel, that the hearing be rescheduled for February 12, 2002, at I :30 p.m. WHEREFORE, Plaintiff requests that the Court grant this Motion and reschedule this matter for hearing on February 12, 2002, at 1 :30 p.m. ad Carey, Attorney r Defendant MIDPENN LEGAL SERVICES 8 Irvine Row Carlis1e,PA 17013 (717) 243-9400 or 1-800-822-5288 (") 0 0 C N -n ~ 0 ---f -o'~~".' ('") -r: :z:! mf=r; -I 11 2::(: , I -i"_lfT1 2C ',0 (fJ.J-.-" .J:"' \~ ~f~: -:4\ -;"J ~.~~ d:;l-:' -~ 9;0 ~? ;''-\ rn (:-= ~~ % -;;1 :J -~ \D -< David Chubb, : In the Court of Common Pleas of Plaintiff : Cumberland County, Pennsylvania v. : No. 02-3490 Civil Term Leanne Chubb, Defendant : Custody ORDERFORCONT~ANCE AND NOW, this"lt-day of October, 2002, upon consideration of the attached Motion for Continuance, the hearing is hereby rescheduled for February 12,2002, at 1:30 p.m. in Courtroom No. 2 on the 4th Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. Edgar B. Bayley, Judge Joan Carey, Attorney for Defendant MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, P A 17013 Lee E. Osterling, Attorney for Plaintiff LEE E. OSTERLING AND ASSOCIATES 42 E. Main Street Mechanicsburg, P A 17055 .~ ~ It>- Ij,O.v ~, /' ... V'IN'r/;n,'SNN3d ALNnO~) O~"n!!:JPi'''In:) 52 :01 ~JV i -. 12U )JN1Ci';C:, .., 3C.N:d::'(}-C.U;i:,'} DAVID CHUBB PlaintifflFather IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 02-3490 CIVIL ACTION LAW LEANNE CHUBB DefendantIMother IN CUSTODY COMPLAINT FOR MODIFICATION AND FINALIZATION OF INTERIM ORDER AND NOW COMES, the PetitionerlFather, David Chubb, by and through his attorney, Herbert Corky Goldstein, Esquire, and files the following Complaint For Modification and Finalization of the Interim Order, which is attached to this Complaint and was signed by Judge Edgar B. Bailey on the 10th day of September 2002, after a Conciliation Hearing before Custody Conciliator, Melissa Peel Greevy held on august 26th, 2002. 1. PlaintifflFather, age 34, lives at 107 East Allen Street #9, Mechanicsburg, P A. 17055. 2. DefendantIMother, age 30, lives in apartment #34 in the Oxford Manor Apts., Mechanicsburg, P A. 17055. DefendantIMother lives there with Emil Lauffer, age 22. 3. The parties, according to the Interim Order of Court, have Shared Legal Custody and have Shared Physical Custody. The two children stay with their mother, the Defendant, Monday night through Thursday night, and then Friday night through Sunday night live with their Father, the Petitioner. 4. The parties, according to the Interim Order equally share the Thanksgiving and Christmas Holiday School breaks. 5. The extended summer vacation periods have to be resolved by the Conciliator, as well as the rest of the school holidays, national holidays, and religious holidays and then the Interim Order will be ready to be made into a Final Order of Court. 6. Also to be resolved is the issue of the claiming of the children for tax purposes. 7. There is also the issue regarding psychological evaluation referred to in the "Interim Order" to be discussed with the Conciliator. 8. PlaintifflFather will bring to the Conciliation Agreement a suggested vacation schedule for the summer months, and a suggested holiday schedule. It is recommended that each parent claim for tax purposes one child as a dependent. 9. The two children are: Austin Jacob, age 10, born 4/20/95 Corey Nicholas, Age 6, born 7/17/98 WHEREFORE, PlaintifflFather requests the Court to send this case back to the Custody Conciliator, Melissa Peel Greevy, for an expedited hearing to resolve the outstanding issues, and prepare the documents for a Final Order of Court. Respectfully Submitted, /I /! ~ I Otf1 .}pot; ate /'~I;i,} /" I / HElmERT GOLDSTEIN, ESQ. 59 Central Boulevard Camp Hill, P A 17011 (717) 236-6491 I.D. # 07182 Attorney for PlaintifflFather David Chubb VERIFICATION COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND I, Herbert Corky Goldstein, Esquire, attorney for Plaintiff/Father, verifies that this Complaint is true and correct. I understand that false statements herein are made subject to the penalties of 18 P A. C.S. Section 4904, relating to unsworn falsification to authorities. Date r Nfl ,JO()!; cl{'4~~ HERBERT CO Y GOLDSTEIN, ESQ. CERTIFICATE OF SERVICE I, Herbert Corky Goldstein, Esquire, do hereby certify that a true and Correct copy of this Custody Complaint For Modification and Finalization of Custody Order was serviced by U. S. postal delivery, certified restricted delivery from Harrisburg, P A., Postage-prepaid to the following person: Ms. Leanne Chubb Oxford Manor Apts. 5238 Oxford Circle, #34 Mechanicsburg, P A 17055 * fJ Date \ 'Y\,! /0 :!ODS H-~ /!..At ;! ~ "--'.-, .~-.:7l/() 7 /~r-' Herbert Corky <1'oldstein, Esquire Counsel for the PlaintifflFather FROM : ~=E E OESTERLING LLC FAX HI]. 717--79121-0577 Sep. 12 2602 11: 0::'::At'1 P2 .-; ':"_4 C; ~ /nCl? " Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3490 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY DAVID CHUBB, v_ LEANNE CHUBB, Defendant INTERIM ORDER OF COU.BI AND NOW this If) ~ day of September, 2002, upon considerati.on of the attached Custody' Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, David Chubb and Leanne Ch~bbf shall have shared legal custody of the minor Children, Austin 'Jacob Chubb, born April 24,.1995 and Corey Nicholas Chubb, born July 17, 1998. Each parent shall have an eq~~1 rIght, to .be exercised jointly with the other parent, to make all major non-emergency deCISions affecting the child's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa. C. S.S5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Phvslcal Custody. Father shall have custody of the Children from Friday at 4:00 p.m. or after work until Monday morning each week when he returns the Children to schoof, the day-care provider or to Mother. At all times when Father does not have custody, Mother shall have custody. 3. This Order may be modifiable in the event that Mother obtains employment and the parties are not able to reach an agreement modifying the custodial schedule. This Order is meant to be an Interim Order pending the. outcome of a custody evaluation, and hearing if necessary. 4. Austin Jacob Chubb shall be enrolled in Shepardstown Elementary School so that he may continue to receive the IEP services in the environment with which he is familiar and has made substantial progress. RECEIVED TIMESEP I? l?'nIPM , ...... ..... I ",,1.. !"'l DR! ~1 T T I ~1E ~ E" '~, . c " ",. .. . PI 1\ 0 r. 1 t.. , 1 !.. : U 4 r'lV1 . . --- t" - ~ ..~ ~~ ,," .- pw~ shall SUbmIt themsel~es and t~eir minor Child~en to an indepe.ndent cust.ody evaluation to rz1 tbe performed by Relgler, Shetnvold & Associates. The partIes shall sign all necessary .. releases and authorizations for the evaluator to obtain medical and psychological information pertaining to the parties. Additionally, the parties shall extend their full cooperation in completing this evaluation in a timely fashion and in the scheduling of appointments. Father will bear the costs of the evaluation. The parties shall contact the evaluator's office within one week of the receipt of the Court Order 50 that they may begin scheduling of the evaluation in an expeditious fashion. 6. A hearing is scheduled in Courtroom Number _ of the Cumberland County Courthouse. on the day of , 200_. at o'clock _.M" at which time testimony will be taken. For the purposes of the hearing, the Mother, , shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. 7. breaks. The parties shall share equally the Thanksgiving and Christmas holiday school BY THE COURT: lrl fl,A' /J 4f; f ! J, Dist.: Lee E. Osterling, Esquire, 42 E. Main Street, Mechanicsburg, PA 17055 Joan Carey, Esquire, 8 Irvine Row, Carlisle, PA 17013 ;:,;,o.1fI""CJ."'~ "",q;" -.,..-..-:'., J..~ \-.-' "'- & !;~i:!. ';'" .. ;'.. i--"'~ sO: '-'i( ',;0. r: ':": ." ".":.,,"" ....,~'...~ Ir; T;'~l~';;;:;~::;.e(;;c{ : i,~;~~~~\\ '~."_~)'i~'::,~,f;c {~"':~~:'; (~h~~ ~~.'~~ !)! ~5'!,~ {'.<lO)'-.,'t..",~ ."r, ;"', ''''',.,,: _, .-~,.. r"ish~?~,-JV:iI:~~ ~~ ProthcnDtartf 'j I RECEIVED TIMESEP. 12, 12:D4PM D~!NT T1HT"",EP ,,; .~-."" lK dl~~. l~. It..:Ui -,::) (":) ""S ~ '- 8 - ........ 8 n r--' ~ .:t: = ~ c:. C"-"" :::--.r ,;.)1 V') ...a ~ j.'. c....- -::1 - P C-- :3- :n .;:;:,.;. 01{- ~ ---- _..,m -'~C( (J) ':S __,e> ~ -0 -;r~ ~, ::1>: :i ~-') t.o:> ("n ~::\ __r ( ~) ~o - <Jt :~ --- DAVID CHUBB PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 02-3490 CIVIL ACTION LAW LEANNE CHUBB DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, JDne 20, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at DJ Manlove's, 1901 State St., Camp Hill, PA 17011 on Friday, ADeDst 12, 2005 at 11:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing ProtectIon from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinl!. FOR THE COURT. By: Isl Melissa P. Greevy, ESQ. flD Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infonnation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 4~~.p~~~ JoOC".~ . ~:t ~ ~ Sr? <Z'-,? ~P<' fP ;e. ~ 4 -n _)0. OC"-7 S 1 oil Hd 02 ril'iI ~ooz AUVLCii;U;LJdd 3H1 ::10 :tii':iD-(J31L-J DAVID CHUBB PlaintifflFather IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 02-3490 LEANNE CHUBB DefendantIMother CIVIL ACTION-LAW CUSTODY AFFIDAVIT OF SERVICE I, Herbert Corky Goldstein, Esquire, hereby affirm that the Law Offices of Herbert Corky Goldstein, served the above docketed CUSTODY COMPLAINT and covering Letter notifying the DefendantIMother of the Hearing on August 12tb at 11:00 A.M. and where the Hearing was to be held, on June 29th, 2005, by Certified Mail on the above named DefendantIMother. Return receipt signed by the DefendantIMother is attached. Date~. J5~c6 LDSTEIN, ESQ. ather, David Chuhb . Complete Itema 1, 2, and 3. Also complete ..... 4 If Restrtcted Delivery Is deoIl1ld. .' PIlnl your name and add..... on the reveroe 110" we can return the card to you. . _ this card to the beck 01 the mellplece, '" on the front If spece pennlts. liJ'r7h::: ~ s;2 83 Oi-tt (}pt 9t3tf-OY:~ ~ ~)ft;'/70S5 ~ ce.: Melt C ExpIMa MIll ..g ;;::;:"".<1 C -.", ReceIpt for Merchandloo c__ CC.D.D. 4. R_ Delivery? (&tIa Fee) C Yes 2.ArtIoleNu_ (1IBt.-from -18beI) PS Form 3811 , February 2004 7004 0750 0002 7280 3296 ~ Allum AeoeIpt 102595-0241640 2 s: 4) ~"D CJrT..: ';;\ ~ ~ <:>> z(": cf' ):. ;~~,:", ~\.- -:p" ,.'" ~\~.:' ~...:LJ P'C: ~ - C1' ::; :.>- ~ ~ T1' ::o~ :g o ~:;\ o~=.; :t:rr> o .'-\ ~ - - U'\ W Plaintiff RECEIVED "'US 23 mU5t' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3490 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY DAVID CHUBB, v. LEANNE CHUBB, Defendant BAYLEY, J. --- ORDER OF COURT AND NOW, this Z. ""- day of August, 2005, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. This Court's Order of September 10, 2002 is VACATED. 2. Leaal Custodv. The parties, David Chubb and Leanne Chubb, shall have shared legal custody of the minor Children, Austin Jacob Chubb, born April 20, 1995 and Corey Nicholas Chubb, born July 17, 1998. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa. C. S. ~5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. The requirements imposed upon Father with regard to involving Mother in the decision-making regarding issues of health, education, and religious upbringing of the Children shall be contingent upon Mother providing him with current contact information including telephone numbers where she can regularly be reached and a residential address. To the extent that Mother does not initiate contact with Father and provide this information to him, Father is relieved of responsibility to include her in decision-making. 3. Phvsical Custodv. Father shall have primary physical custody of the children. Mother shall be permitted periods of partial custody with the children as mutually agreed and NO. 02-3490 CIVIL TERM arranged by the parties, provided however, that neither Child shall have any contact whatsoever with Emil Lauffer, whether or not Mother shall be present. Disl.: Abert Corky Goldstein, Esquire, 59 Central Boulevard, Camp Hill, PA 17011 ,~eanne Chubb, 5283 Oxford Court, # 34, Mechanicsburg, PA 17055 \,~r'jV I\~l,~.si '"it,; ,~d A.L!\F\~:::": ,'-:' C'_, i''''~:iJn8 8 'I :01 \.IV ~ Z ~lnV SOOl ,ibVlONOillOdd 3Hl:lO 38\330-031\:1 RECEIVED f\::G 23 ms JI' } Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3490 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY DAVID CHUBB, v. LEANNE CHUBB, Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Austin Jacob Chubb Corey Nicholas Chubb April 20, 1995 July 17, 1998 Father Father 2. Father filed a Complaint for Modification and Finalization of Interim Order on June 13,2005. The Custody Conciliation Conference was held on August 12, 2005. The last Order in this matter was September 10, 2002. Attending the Custody Conciliation Conference were: the Father, David Chubb, and his counsel, Herbert Corky Goldstein, Esquire. The Mother, Leanne Chubb, did not attend. Counsel did not attend on her behalf. 3. Service of Process. Father's counsel served a copy of the Custody Complaint for Modification and Finalization of Custody Order upon Mother at her last known address via United States Mail on June 10, 2005. The Order scheduling the Conciliation Conference was sent to Mother via restricted delivery mail on or about June 23, 2005. Mother signed the green card indicating completion of the service of process on June 29, 2005. Mr. Goldstein produced the card for the Conciliator and has agreed to file a Return of Service regarding the Order scheduling the Conciliation Conference. 4. Father's position on custody is as follows: Father reports that he has had sole custody of the Children since June 22, 2005. He reports that the Children have seen their mother three times since that date. He has called her on numerous occasions to offer additional visits with the Children however she has declined his offers. During these last few months Father has arranged for the Children to spend time with Mother's extended family and allowed them to participate in an out-of-town family wedding. He is also keeping NO. 02-3490 CIVIL TERM in contact with the maternal grandparents who reside in Mechanicsburg. Father reports that Mother has been residing with a 22-year-old male who has twice been in drug rehab and was recently incarcerated for a parole revocation on his drug charges. This gentleman's name is Emil Lauffer. As a result of alleged bite marks on one of the Children's legs, Children and Youth Services has been involved with the family. That Mother continues to remain in a relationship with this man causes great concern to Father for the Children's safety during periods of custody. He also reports that Mother has been evicted from two different residences in a period of four months and that she recently informed him that they had been evicted from their most recent address in the Oxford Manor apartments in Mechanicsburg. Father produced a report indicating that Children and Youth had investigated alleged abuse of the Children by Mr. Lauffer. The report was marked as indicated. However, the agency has allegedly taken no action because the boys have been placed with the Father. Austin continues to receive special educational services through his local school district. Mother participated in the IEP meeting which occurred at the end of the 2004-2005 school year. Mother apparently recently contacted Father to inform him of her recent eviction. Unfortunately, he does not have a current address for her, nor a place of employment. It is his understanding that Mr. Lauffer has been released from prison. 5. Mother's position on custody is not known as she elected not to attend the Conciliation Conference. The Conciliator provides the attached recommended Order of Court based on the understanding that Father will continue to facilitate periods of partial custody with Mother provided that the Children are not exposed to Mr. Lauffer. r!'1IoS' ~ Date MPG:ead:256800