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Home My WebLink About94-06645 ~ d ~ E. -I d .. ~ ..~ L. . ~t . ;~1~~Y: :' ~fY ... . .,>!,.;, . "~~"-..,, ^ :'i~\';'~'::: ,', ' .-; ",,'--,-,,-": '-',,' -~- ,','- :li~~;;::l.;:.~'-:" , ';" "~. ;':'- , ~ J l{) ,~ ~ ~ " tr \D ~ :it. 0 I-c M ,~\"1 -:> ( .,- :c lJ?2 I!:g "- (-) ...l. ~ .::l:::i 0 .:r .- < a: N :\-0; r-' ..- - lU Cl.- l1~\a1 U:if w (/) 10U_ U. ...T :..~ = ::J 0 = U "" 'V1N'/^l!'SNIBd 1l~lnO" !.,,, m! "'I"n" I\JJ' .' r' I. _'~'~:7' V G~ :0 \-IIJ L2 d3S ~OOZ !,\Niot,C\ \lO~id 3\-\l ~Q 38!,~,~c:.():\l1~ . 6, The parties are subject to an Order of Court dated November I, 2002, which was entered following agn:em~nt reached by the parties at a conciliation conference held on October 31, 200 I, a copy of said Order being attached hereto and incorporated herein by reference as Exhibit "A," 7, Shortly after the entry of the aforementioned Order, and without prior notice to Petitioner, Respondent moved to the State of California, moving on approximately February II, 2002, 8. Since the entry of the Order of November I, 200 I, the children have continued to reside with Petitioner, previously at their address of 312 North West Street, Carlisle, Cumberland County, Pennsylvania, and more recently at their address of 306 North West Street, Carlisle, Cumberland County, Pennsylvania; under such circumstances, the Court of Common Pleas of Cumberland County continues to have jurisdiction over the issue of custody of the children who have continued to reside in Cumberland County since the entry of the prior Order. 9. Petitioner resides at her current address solely with her children and Respondent was believed to have been residing with his paramour at his address in California. 10. From February 11,2002 until the summer of 2003, Respondent had only one period of physical custody with his children for approximately a one week period in the Carlisle area in the summer of2003, II. Respondent had limited telephone contact with the children in 2002 and 2003, . 12, In the fall of 2003, Respondent bcgan cxpressing an intcrest in the children by incrcasing his telcphonc contact and by beginning to contact thc children through their emailaccounts, 13. The children visited with Respondent for approximately one week over Christmas of 2003 and for a two week period in the summer of 2004. 14, In the past, Respondent had vacatcd the parties' fonner marital residence, where the parties were residing with the two children, and left the United States of America to reside for various periods of time outside the United States, being on different islands in the Caribbean. IS, At least two moves occurred in this fashion while the parties were residing together where Respondent gave literally no notice to Petitioner but simply left Petitioner and the children home, moved to an island in the Caribbean, and resided there for an extended period of time. 16, Respondent likewise made his move to California without any prior notice to Petitioner or the parties' children and without any discussion of the emotional or psychological impact upon the children with such a move, 17. Respondent's move to California occurred within three months of having conducted a conciliation conference, based upon his Petition for Modification of Custody, and establishing a comprehensive Custody Stipulation and Order. 18. The children have endured drastic and adverse emotional, psychological, and physical affects from Respondent's conduct. 19, In the past, Respondent has engaged in a course of conduct in his contact with the children that has included downgrading and denigrating Petitioner, attempting to undermine Petitioner's authority with the children, attempting to intervene with the children when Petitioner has corrected them or has provided them with appropriate guidance, and has otherwise altempted to adversely interfere with the relationship between Petitioner and her children. 20. Respondent has now filed a Petition for Modification of Custody requesting increased periods of time with the children. 2 L Contemporaneously with the filing of this Petition, and, in fact, on the day of the conciliation conference that was held on September 9, 2004 based upon Respondent's Petition, Respondent was in transit having decided to move from the State of California to the State of Florida, 22. The limited information that Petitioner has relative to Respondent's move was gained through cursory telephone messages or conversations that Respondent had with the parties' teenage children, 23. Petitioner has no specific information relative to Rcspondent's whereabouts at the time of filing this Petition other than the allegation that he has moved to the State of Florida. 24, Respondent, over the past several years, has illustrated an instability as described above which creates great concern for the safety, welfare, and care of the children, should R~spondent be penniued to have the children in his care and custody for any extended period of time. 25. The children had two visits with Respondent in California, one for a one week period over Christmas 2003 and one for a two week period in the summer of2004, 26, While the children love their father and wish to have contact with him, they also would prefer to have that contact be more limited and, if at all possible, to occur in the Commonwcalth of Pennsylvania. 27. Respondent has failed to comply with the tenns of the Court's Order of November 1, 2001, with respect to every other weekend contact with the children, with respect to contact over the minor holidays, and with respect to other times other than the visit he had with the children in the Carlisle area in the summer of2003, the visit he had with the children in California for the Christmas of 2003, and the two week visit he had with the children in the summer of 2004, 28. Petitioner has claimed to be disabled due to emotional and mental problems for which he is receiving psychiatric or psychological treatment and for which he is presently being medicated. 29. Respondent's instability has now created problems with his relationship with his paramour with whom he had been residing for some five or six years, such that the parties have now separated with the paramour now living back in the Harrisburg, Pennsylvania area, VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein nre made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to nuthorities, DATE: ()9.o9-oLj ktvnJ /)Uc., tLtL7Y1LV>..-tv SUSAN M. MACNAMERA . . ~ , i. .. , , NOV 0 1 2001 0lA^ SUSAN M. MacNAMARA, Rcs pond en tll'llIln II ff : IN THE COURT OF COMMON I'LEAS OF : CUMBERLAND COUNTY.I'ENNSYLV ANIA : NO. 1994.6645 CIVIL TERM v. MARK P. MllcNAMARA, I'cti lion cr/Dcfcnd II n I : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT ANDNOW,thisJ..:r day of tJ~ ,200l,upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: tlf,': . I, The prior Order of Court, dated September 18, 1996; is hereby vacated, 2, The Father. Mark P. MacNamara and the Mother, Susan M, MacNamara, shall have shared legal custody of Erin Gisela MacNamara, born March 29, 1990 and Markus Rudi MacNamara, born October 28,1991. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion, 3. Mother shall have primary physical custody of the children, 4, Father shall have periods of partial physical custody as follows: A, Beginning Saturday, November 3, 2001, alternating weekends, from Saturday at 8:00 a.m. to Sundays at 8:00 p.m. B, Two non-consecutive weeks in the summer. Father shall give Mother notice of his weeks by May 31 of every year, 5. Mother shall have physical custody of the children on Mother's Day; Father shall have physical custody of the children on Father's Day; both from 8:00 a,m, to 8:00 p.m, 6, The Christmas holiday shall be divided into two blocks. Block A shall be from 1 :30 p,m, Christmas Eve until 1:30 p,m, Christmas Day and Block B shall be from 1:30 p,m, Christmas Day to 1:30 p.m, December 30, Mother shall always have Block A and Father shall always have Block B, In addition, in odd numbered years, Father shall have physical custody of the children from December 25 at 1:30 p,m, until Jan. I at 8:00 P,I11, to correspond with his holida schedule in Para 'ra h 7, EXHIBIT I" A" . I, .. . . 7, The parties shall alternate the following holidays from 8:00 a.m. to 8:00 p,rn,: Thanksgiving, New Year's Day, Memorial Day. July 4, and Labor Day, Mother shall have physical custody of the childrcn on Thanksgiving, 2001, In addition, when the above holidays fall on a Monday that coincidcs with Father's alternating weekend schedule, Father shall have physical custody of the children overnight on Sunday. 8, The parties shall keep each other advised immediately relative to any medical care or medical emergencies concerning the children and shall further take any necessary steps to ensure that the health and well being of the children is protected. During such illness or medical emergency, both parents shall have the right to visil the child as often as he/she desires consistent with the proper medical care oCthe child, 9. Neither parent shall do or say anything nor let anyone in the children's presence to say or do anything that may e3trunge the children from the other parent, injure the opinion of the children as to the other parent or hamper the free and natural development of the children's love and respect for the other parent. 10. Father shall be responsible for all transportation unless otherwise agreed by the parties, Father shall arrive to pick up the children not later than thirty (30) minutes from the designated pickup time, unless he provides prior notice to Mother, 11. The children are not to be removed from the country without consent of both parents, If the custodial parent is taking the children out of state, they must provide the non-custodial parent with a telephone number and address where the children can be reached. 12, Both parties are entitled to liberal telephone contact with the children while in the other parent's custody. 13, The Conciliator does not make a finding of contempt in this matter. 14, This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, ,he ternlS of this Order shall control. TRUE COpy FROM RECORD In Testimony whereof, I hrrn nto set my hand end seal of sal COUl'l a Carlisle, Pa. Pro honotary J. cc: Robert J, Mulderig, Esquire, Counsel for Father Bradley L, Griffie, Esquire, Counsel for Mother NOV 0 1 2001 W^ V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 1994-6645 CIVIL TERM SUSAN M. MacNAMARA, RespondentIPlalntlff MARK P. MacNAMARA, PetltlonerlDcfendant : CIVIL ACTION . LAW : IN CUSTODY PRIOR JUDGE: George E. Hoffer, P.J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915,3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent infonnation concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Erin Gisela MacNamara Markus Rudi MacNamara March 29,1990 October 28, 1991 Mother Mother 2. A Conciliation Conference was held in this matter on October 31, 2001, with the following individuals in attendance: The Father, Mark P. MacNamara, with his counsel, Robert J. Mulderig, Esquire, and the Mother, Susan M. MacNamara, with her counsel, Bradley L. Griffie, Esquire. 3. A prior Order of Court, dated September 18, 1996, entered by the Honorable George E, Hoffer, provided for shared legal custody, with Mother having primary physical custody and Father having alternating weekends, one evening a week, and two non consecutive weeks in the summer. 4. The parties agreed to entry of an Order in the fonn as attached. 11-1-01 Date ~'~'_L~9J;.~ acqu ine M, Verney, Esquire Custody Conciliator (:J '- ~ ',- ~) , N> i,:' tJ ; ,. /~ ~ ~ ,. , \).' . - .', ,'- ., ~~ ,. "'\ ' , ') (.I( , (I) . ~ ~ .-,'\(,. u... -!ll! !d 'd"oi. '" ~ -.. 1-.' '. , u. ;::) U ~~\:9 u .-, ,,~'.4 . ~ SUSAN M, MACNAMARA, Plaintiff IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNiY, PENNSYI.YAl)IIj\ '.' C~ , " CIVIL ACTION - LAW'" , .u v, MARK p, MACNAMARA, Ddcnuant NO, 1994.6645 CIVIL TERM IN CUSTODY ,. , , -. : .. .. I>.' I . ~ -' Cl PETITION FOR MODIFICATION OF CUSTODY AND NOW, comes Pctitioncr, Susan M, MacNamara, by and through hcr legal counsel of record, Bradley L. Griffie, Esquire, and the law liml of Griffie & Associates petitions the Court as follows: 1. Your Petition~r is the above-named Plaintiff, Susan M, MacNamara, an adult individual currently residing at 306 North West Street, Carlisle, Cumberland County, Pennsylvania, 2. Your Respondent is the above-named Defendant, Mark P. MacNamara, an adult individual whose last known address was 17200 New I'lope Avenue, 27A, Fountain Valley, California 92708, 3, Respondent is believed to have recently moved to the State of Florida, 4, Respondent is represented in the presently pending proceedings in this matter by Attorney Aaron J. Neuharth, Esquire, 5, The parties arc the natural parents of two children, namely, Erin Gisela MacNamara, born March 29, 1990. and Markus Rudi MacNamara, born October 28, 1991. (.. .1\ .., ,. 'li'l1 -"i, "1,.' , . "II I . ..1 , ,1'1 , . 6, The partics arc subjcct to an Ordcr of Court datcd Novcmbcr I, 2002, which was cntercd following agrccmcnt rcachcd by thc panics at a conciliution confcrence held on Octobcr 31, 200 I, a copy of said Ordcr bcing uunchcd hcrcto und incorporatcd hcrein by refcrcncc as Exhibit "A," 7, Shortly aficr thc cntry of thc aforcmentioncd Ordcr, und without prior notice to Petitioner, Rcspondcnt movcd to thc Statc of Californiu, moving on approximately February II, 2002, 8, Since the cntry of the Ordcr of Novcmbcr I, 200 I, the children have continued to rcside with Petitioner, previously at their address of312 North West Strcct, Carlisle, Cumberland County, Pennsylvania, and more rccently at their address of 306 North West Street, Carlisle, Cumberland County, Pennsylvania; under such circumstances, the Court of Common Pleas of Cumberland County continues to have jurisdiction over the issue of custody of the children who have continued to reside in Cumberland County since the entry of the prior Order. 9, Petitioner resides at her current address solely with her children and Respondent was believed to have been residing with his paramour at his address in Califomia, 10, From February II, 2002 until the summer of 2003, Respondent had only one period of physical custody with his children for approximately a one week period in the Carlisle area in the summer of 2003, II, Respondent had limited telcphonc contact with the children in 2002 and 2003. . 12, In the full of 2003, Respondent begun expressing an interest in the childrcn by increasing his telcphonc contact and hy beginning to contact thc children through their emailuccounts. 13. The children visitcd with Rcspondent for approximutely one week over Christmas of 2003 und for a two weck pcriod in thc summcr of 2004, 14, In the past, Rcspondent had vacated the parties' former marital residence, where the parties were residing with the two childrcn, and len the United States of America to reside for various periods of timc outside the United States, being on different islands in the Caribbean, 15, At least two moves occurred in this fushion while the parties were residing together where Respondent gave literally no noticc to Petitioner but simply len Petitioncr and the children home, moved to an island in the Curibbean, and resided there for an extcnded period of time. 16, Respondent likewise made his move to California without any prior notice to Petitioner or the parties' children und without any discussion of the emotional or psychological impact upon the children with such a move. 17, Respondent's move to California occurred within three months of having condueted a conciliation conference, based upon his Petition for Modification of Custody, und cstablishing a comprchensive Custody Stipulationund Order. 18, The childrcn have endured drastic and advcrse cmotional, psychological, and physical affccts frolll Rcspondcnt's conduct. . 19. In the pust, Respondent has engaged in 1I course of conduct in his contact with the children that hus included downgrading und denigrating Pctitioner, uttcmpting to undermine Petitioner's uut:lOrity with the children, allempting to intervene with the children whcn Petitioner hus corrected them or has provided them with lIppropriate guidunce, lInd hus otherwise attempted to lIdversely interfere with the rellltionship between Pelitioner lInd her children. 20, Respondent has now filed a Petition for Modification of Custody requesting increased periods of time with the children, 21. Contemporuneously with the filing of this Petition, and, in fact, on the day of the conciliation conference that was held on September 9, 2004 based upon Respondent's Petition, Respondent was in transit having decided to move from the State of California to the State of Florida, 22, The limited infonnation that Petitioner has relative to Respondent's move was gained through cursory telephone messages or conversations that Respondent had with the parties' teenage children, 23. Petitioner has no specific infomllltion relative to Respondent's whereabouts at the time of filing this Petition other than the allegation thut he has moved to the State of Florida. 24, Respondent, over the plIst several years, has illustrated an instability liS described above which creates grellt concem for the sufely, welfure, und care of the children, . should Respondent be permilled to have the children in his care and custody for any extended period of time, 25, The children had two visits with Respondent in California, one for a one week period over Christmas 2003 nnd one for n two week period in the summer of2004, 26, While the children love their fnthcr and wish to have contact with him, they also would prcfer to have tlmt conlnct be more limited nnd, if nt all possible, to occur in the Commonwealth of Pennsylvania. 27, Respondent has fniled to comply with the ternlS of the Court's Order of November I, 200 I, with respect to every other weekend contnct with the children, with respect to contnet over the minor holidays, nnd with respect to other times other than the visit he hnd with the children in the Cnrlisle area in the summer of 2003, the visit he ha~ with the children in California for the Christmas of 2003, and the two week visit he had with the children in the summer of 2004, 28. Petitioner has claimed to be disabled due to emotional and mental problems for which he is receiving psychiatric or psychological treatment and for which he is presently being medicated. 29, Respondent's instability has now crcated problcms with his relationship with his paramour with whom he had bcen residing for some five or six ycars, such that the parties hnve now separated wilh the paramour now living back in the Harrisburg, Pennsylvania area, WHEREFORE, Petitioner requests your Honorable Court consolidate the within Petition for Modification of Custody with the pending Petition for Modification of Custody Iiled by Rcspondcnt hcrcin, thcrcby conducting hcarings on both mailers on Friday, the 29'11 day of October, 2004, Respectfully submilled, Ie, Esquire Petitioner/Plaintiff & ASSOCIATES 00 North Hanover Street Carlisle, P A 17013 (7 I 7) 243-5551 (800) 347-5552 SUSAN M, MACNAMARA, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLVANIA v, : CIVIL ACTION - LAW MARK p, MACNAMARA, Defendant : NO, 1994-6645 CIVIL TERM : IN CUSTODY CERTIFICATE OF SERVICE I, Bradley L. Griffie, Esquire, hereby certify that I did, the 141h day of September, 2004, eause a eopy of Plaintirrs Petition for Modification of Custody to be served upon Defendant's attorney of record by first class mail, postage prepaid at the following addresses: Aaron J, Neuharth, Esquire LopezNeuharth, LLP 401 East Louther Street, Suite 101 Carlisle, PA 17013 DATE:~ y. ' r' e, Esquire I Ie I laillly! GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, P A 17013 (717)243-5551 (800)347-5552 VEIUFICATION I verify thut the slutemcnts mude in the foregoing document IIrc truc IInd corrcct. I undcrstund thul fulsc stutcmcnts herein lire mude subject to thc pcnulties of 18 Pu,C,S. Section 4904, relnting to unsIVom fulsifieutions to lIuthorities, DATE: ()9'01'OL-/ A<Mtv n) J7 Joc.. ji' (l. nLCI,1.(v SUSAN M, MACNAMERA 7, The parties shull alternate the following holidays from 8:00 a,m, to 8:00 P,Ill,: Thanksgiving, New Year's Day, Memorial Day, July 4, and Luhor Day, Mother shull huve physical custody of the children on Thunksgiving, :lOOI. In uddition, when the above holidays fall on II Monday thut coincides with Father's lllternating weekend schedule, Father shall havc physical custody of the children overnight on Sunday, 8. The parties shall kcep cach othcr adviscd immediately relativc to any medical care or medical emergencies concerning the children and shall furthcr take any necessary steps to ensure that the health and well bcing of the children is protected, Daring such illncss or medical emcrgcncy, both parcnts shall have thc right to visit the child as often as hc/shc desires consistent with the proper medica! care of the child, 9, Neither parent shall do or say anything nor let anyone in the children's presence to say or do anything that may estrunge the children from the other parent, injure the opinion of the children as to the other parent or hamper the free and natural development of the children's love and respect for the other parent. 10. Father shall be responsible for all transportation unless otherwise agreed by the parties, Father shall arrive to pick up the children not later than thirty (30) minutes from the designated pickup time, unless he provides prior notice to Mother, II. The children are not to be removed from the country without consent of both parents, If the custodial parent is taking the children out of state, they must provide the non-custodial parent with a telephone number and address where the children can be reached, 12, Both parties are entitled to liberal telephone contact with the children while in the other parent's custody, 13. The Conciliator does not make a finding of contempt in this matter. 14, This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference, The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the temlS of this Order shall control. TRUE COpy FROM RECORD In Testimony wh~rcof, I h'rr nlo sel my hand and seal of sai Courl a Carlisle, Pa, Pro honotary J. cc: Robert J, Mulderig, Esquire, Counsel for Father Bradley L Griffie, Esquire, Counsel for Mother NDV 0 1 2001 Yv'^- V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 1994-6645 CIVIL TERM SUSAN M. MacNAMARA, RespondentlPlnlntirr MARK P. MacNAMARA, Petitioncrmefcndnnt : CIVIL ACTION. LAW : IN CUSTODY PRIOR JUDGE: George E. Hoffer, P.J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915,3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Erin Gisela MacNamara Markus Rudi MacNamara March 29, 1990 October 28,1991 Mother Mother 2, A Conciliation Conference was held in this matter on October 31, 2001, with the following individuals in attendance: The Father, Mark P. MacNwnarn, with his counsel, Robert J. Mulderig, Esquire, and the Mother, Susan M, MacNwnara. with her counsel, Bradley 1. Griffie, Esquire, 3, A prior Order of Court, dated September 18,1996, entered by the Honorable George E. Hoffer, provided for shared legal custody, with Mother having primary physical custody and Father having alternating weekends, one evening a week, and two non consecutive weeks in the summer. 4. The plLl1ies agreed to entry of an Order in the fonn as attached. {{-(-OJ Date ~.~..~~~ acqu ine M, Verney, Esquire Custody Conciliator , SEP 0 9 2004f V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION. LAW SUSAN M. MacNAMARA, Plaintiff MARK P. MacNAMARA Defendant : NO. 1994.6645 CIVIL TERM : IN CUSTODY ORDER OF COURT AND NOW, this / l1 th day of G..J7t~~L-' 2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is ~h1d~d in cQ~m No, S ,of the Cu!"berland County Court House, on the day of db ve. , 2004, at B . 3-'2 . o'clock,d-. M" at which time testimony will be taken, For purposes of this Hearinlt. the Father shall be deemed to be the moving party and shall proceed initially with testimony, Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness, These Memoranda shall be filed at least ten days prior to the Hearing date, 2. Pending further Order of Court or agreement of the parties, the prior Order of Court dated November I, 200 I shall remain in full force and effcct. 3, The parties may modify this Order by mutual agreement. In the absence of mutual consent. the tenns of this Order shall control. Edward E, Guido, J, cc:A'nron Neuharth, Esquire, counsel for Father ,> ~adley L. Griffie, Esquire, counsel for Mother 09-/3-0Lj SEP 0 9 2004 (' SUSAN M. MacNAMARA, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY , PENNSYLVANIA V. : CIVIL ACTION - LAW MARK P. MacNAMARA, Defendant : NO. 1994-6645 CIVIL TERM : IN CUSTODY PRIOR JUIlGE: Edward E. Guido, J. CllSTODY CONCILIATION SIlMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: I. The pertinent information concerning the Children who arc the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Erin Gisela MacNamara Marcus Rudi MacNamara March 29, 1990 October 28, 1991 Mothel' Mother 2, A Conciliation Conference was held September 9, 2004 with the following individuals in attendance: The Mother, Susan 1'1, MacNamara, with her counsel. Bradley L. Griffie, Esquire, and Father's counsel, Aaron Neuharth, Esquire, Father was unavailable due to prior travel plans, 3. The Honorable Edward E, Guido entered an Order of Court dated November 1,2001 providing for shared legal custody. Mother having primary physical custody and Father having alternating weekends, holidays and two non-consecutive weeks in the summer, Two weeks after the November I, 2001 Order of Court was entered, Father relocated to California, Since that time Father has not exercised his alternating weekends, but has recently enjoyed a period of time at Christmas and two consecutive weeks in the summer, Father tiled a Petition to Modify seeking more time in the summer, Christmas and Easter, Father is in the process of relocating to Florida, 4, Father's position on custody is as follows: Father seeks shared legal and partinl physical custody, Father requests seven consecutive weeks in the summer, an extended period of lime over the Christmns nnd Easter holidnys. Fnther believes that Mother is interfering with his rclntionship with his children, summer of 2003 and 2004. lie saw them in the summer of 2003 when he returned to Pennsylvania and had them for approximately two week. which is the period of time he requested. Mother has been extremely accommodating to Father, although his involvement with the children hus had various negative aspects to it. Father hus made comments to the children and directed the children in such a manner as to interfere in Mother's ability to maintain proper authority over the children, 1I0wever, the children have matured over the last several years and now those issues that Father attempted to use to drive a wedge between the Mother and the children are ineffective. Father's lifestyle is extremely disruptive, irresponsible, and unslllble. During the parties' marriage, after the children were born, Father moved to the Dominican Republic without his fwnily. He resided there for one year. Father was a scuba diving instructor and, to the best of Mother's knowledge, established some type of scuba diving employment that was in the Dominican Republic. Father retumed from the Dominican Republic and the parties remained sepuroted and ultimately divorced. Father had various girlfriends over a few year period and ultimately left with one of his girlfriends to live in Barbados. This wus done with little or no notice to Mother and the children. When the children becwne aware their Father was leaving again, they begged him to not move, particularly since he wus leaving on Christmas Eve, but he ignored their pleas. Father and his girlfriend retumed to Pennsylvania about six months later, only to move to California with limited notice to the family in early 2002, Father then. in the midst of the present proceedings, separated from his girlfriend in California and moved to Florida, To the best of Mother's knowledge, Father is living in a hotel somewhere in Florida. Neither she, nor the children. have an address for him, but they have been given telephone numbers for him, There is no family or other reasons for Father to move to Florida, Beyond Father's totally irresponsible conduct and failure to maintain the most bliSic stability in his lifestyle and residency, liS indicated previously, Father has been downgrading and denigrating Mother, and hliS attempted to undermine her authority with the children, Only through the children's maturity hIlS Mother avoided greater problems with the children thwl what might otherwise have occurred due to Father's conduct. At the time of filing Mother's Petition for Modification in this clISe. which is being heard contemporaneously with Father's Petition for Modification, Mother WliS unaware of any details whatsoever relative to Father's move to Florida, other than a cursory telephone message suggesting that he WIIS moving, Even with three or four more weeks having pllSsed since that time, Mother and Mother's counsel still have nothing more than a telephone namber for Father, although he continues, apparently, to insist that he should have some type of unsupervised contact with the children in the state of Florida. Father also hIlS taken action when the children are in his care that hIlS caused great concern for the children's safety, including their physical safety. Since Father claims to be disabled due to emotiollal and mental issues. including depression and feelings of rejection, his psychiatric problem may, in fact, have something to do with his inability to maintain stability and responsibility in his life and his inability to be responsible in the limited care that he has for the children, In fact, as the childrcn mature, they make comments to their Mother that make it obvious to her that the children are actually becoming more responsible and mature than their Father. SUSAN M. MACNAMARA, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW vs. MARK p, MACNAMARA, Defendant : NO, 1994-6645 : IN CUSTODY CIVIL TERM CERTIFICATE OF SERVICE I, Bradley L, Grime. Esquire, hereby certify that I did. the ~day of October, 2004, cause a copy of Plaintiff's Pre-Trial Memorandum to be served upon Defendant's attomey of record by facsimile and first class mail, postage prepaid at the following address: Aaron J. Neuharth, Esquire LopezNeuharth 40 I East Louther Street, Suite 101 Carlisle, PA 17013 Fax No, (717) 258-9993 DATE: 10 1/8 /6 L( , L. G' Ie, Esquire lIorneyfo Plaill/Iff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, P A 17013 (717)243-555 I (800)347-5552 . Florida, so the geographic distance bctween the parties is still a factor in this matter, Despite the existence of the above-mentioned Order. Mother has consistently and strongly attempted disregard the provisions of the Order. In order to exercise his period of physical custody of the children during the 2003 Christmas Holiday, Father had to continuously threaten Mother with a contempt action, Once Mother realized that she have no choice but to follow the Order or face a contempt action, she finally agrecd to follow the Order. The same was true for Father's period of summertime physical custody in 2004, In both cases, the children were left uncertain as to what they would be doing over the Christmas Holiday and summer because Mother never made the final decision to follow the Order regarding Father's physical custody until one to two days prior to the time the children were scheduled tl} fly out to Father's residence in Cali lamia, By cor.trast, Father notified Mother months in advance of his intent to exercise the above-mentioned periods of physical custody, Since Father relocated to California, he has continuously but unsuccessfully attempted to come to an agreement with Mother to extend his summertime periods of partial physical custody in the summers so that he is able to spend more time with the children. Mother has flatly and unreasonably refused to expand Father's periods of summertime partial physical custody and goes to extreme lengths to prevent Father from maintaining a meaningful relationship with the children, Father has also attempted to maintain reasonable telephone contact with the children. Mother has again limited the children's ability to have reasonable telephone contact with Father. As a result of Mother's strong desire to prevent the children from spending time with Father and maint~jning contact with Father, considerallle llnd unjustified alienation between the children and their father has occurred. The children have onen expressed to Father that they desire to spend more time with him and have more contact with him, . . Ills Father's pmltlonthutthe children wuuld henefit frum more consistent contact with him, withuut Mother's repeut,'d ullelllpls tll Inhihit the children's relationship with Father. Therelilre. Futher respectlilll)' rcquests thut he he umlrded not less than six weeks of sumr.lertime physicul cllstlld)' uml r.'usonuhle physicul cllstody liver the holidays, as the children's school schedule permlls, Addlllunull)', Futher respeett\llIy requests that the children be afforded more telephone cunluct with him, II, Wllnfnfll Murk I', MU~J1ll Mr, MueNulllurll will testily as to his efforts to maintain contact wllh the children, vlu hllth tclephune und physical cllstudy, Mr, MacNamara will also testi/)' to his relntlonshlp wllh the children, how the children have henefilled from contact with him, and how the children wuuld he henelilled from more contact with him, Finaily, Mr, MacNamara will testily liS tu Ms, MueNnmnru's repented IIl1empts hI thwnrt his efforts to maintain a relationship wllh the children, Respectfully submilled, ~ -- ~- --aIT n], Neuharth, Esq. Allorney for Defendant Law Offices of LopezNeuharth LLP 40 I East Louther Street, Suite 101 Cnrlisle. PA 17013 (717) 258-9991 . . . SUSAN M, MocNAMARA, Plointiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY. PENNSYLVANIA v, :NO. 94-6645 CIVIL TERM MARK p, MocNAMARA, Dcfendant :CUSTODY CERTIFICATION OF SERVICE I, Aaron J. Neuhorth, Esquire hereby certify thot I om on this day serving a true and correct copy of Defendont's Pre-Trial Memorandum on thc following individual(s) by focsimile and First Class U,S. mail, postage prepaid oddressed os follows: Bradley L. Griffie, Esquire Griffie & Associates 200 North Hanover Street Carlisle, PA 17013 Fox No: 717-243-5063 Dated: 1()/d-'/~oCo'-1 ~~ Aaron J, :iliarlh. E~~ 232 Lincoln Way Enst, Suite A Chambersburg, P A 17201 (717) 264-2939 08474910282004 PYHUJ~ Cumberland County ProthQnotary's Office Docket Entnes 197~~/2ooE . -. Case No 1994-06645 MACNAMAIlA HUSJ\N M (VS) MACN!\MARA MARK P -- - Date Filed -------------~~---------------------------------------------------------------- 1 11/22/94 COMPLAIN1' - DIVOHCE - --2-iii23i9~-PETrTrON-FOR-ExcLUSIvE-POSSESSrON-AND-ORDER-OF-cOURi-By-juDGE----~ GEO!WE E HOFFER _ -----------~------------------------------------------------------------------- 3 1/05/9'; COMPLAINT FOR CUSTODY AND ORDER OF COURT BY DAWN SUNDAY ESQ CUSTCl: CONCILIATOR -- ----------------------------------------------------------..--------------------. 4 1/10/9~ ArrIDAVIT OF SERVICE --5--jii3i95-CUSTODY-CONFERENcE-SUMMARY-REPORT-AND-ORDE~-OF-COURT-FOR-CUSTODY~, BY JUDGE GEORGE E HOFFER - COPIES MAILED 3/14/95 --. ... ............. .... .. .. .. .. - '. .. .. .. .. .. .. .. .. .. .... .. .. .. .. .... .. .. .... .... .. .. .. .... .. .. .. .. .. .. .. .... ...... .. ...... .. ........ ........ ........ .......... -~ 6 5/23/% ArrIDAVIT OF CONSENT - DEFENDANT .. .. .. .. .. .. .. .. .. .. .. .. .. .' ,. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .... .. .. .. .. .. ... .. .. .. .. .. .. .... .. - - - - - - - - - - - - - - - - - - - - .. - .. - - - - - - - -~ . 7 6/07/% AI'I"IDAVIT OF CONSENT - PLAINTIFF' .-. -----------....- --------------------------------------------------------------~ 8 6/oB/9!; I'I\AECIPE TO TRANSMIT RECORD BRADLEY GRIFFIE :-::::: .. - .... 00.. _ _ _ _ _ .. _ .. _ _ - - - - - 00 _ - - -.. - - - - - - - - - - - - - - - - - - - .. - - - - - -.... - - - - - - - - .. - - - - - - -.. - - --........ 9 6/191% n I VORCE DECREE ENTERED BY GEORGE E HOFFER J .- ----------------------------------------------------------------------------.--. 10 9/11/% CW,'l'OIW STIPULATION AND AGREEMENT := -ii--9ii9/9G-O~OER-OF-COURT-=-DATED-9ii8i96-=-IN-RE-CUSTODY-STIPULATION-AND-~=: AilHEEMENT - A9PROVED - ALL PRJ;ORS ORDERS ARE VACATED - BY GEORGE-f- 1I0FFEH J - NOTICE MAILED 9/18/96 -~ - ij - - Oi2~/O i - i'I~:'i'r'i'ioN - FOR - CONTEMPTiMoDIF'IcATroN - = - RON - TURO - ESO - FOR - PETITIONER-=:' ----------....------------------------------------------------------------------- 13 0/31/01 i'i':H'l'IFICATE OF SERVICE FOR PETITION OF CONTEMPTIMODIFICATION - BY InN 'l'URO ESQ FOR PETITIONER .:.: ------------------------------------------------------------------------------- 14 9/04/01 ClimER OF COURT - DATED 8/31/01 - IN RE PETITION FOR CONTEMPT - - IIEAIUGG AT 4TH FLOOR CUMBERLAND COUNTY COURTHOUSE SQUARE CARLISLE- (It! 10 3/01 AT 9: 30 AM - FOR THE COURT Jp,CQUELINE M VERNEY ESQ ~ c'U:;'l'O Y CONCILIATOR - COPIES MAILED 9/4/01 -. __-_00------ ._____________________________________________________-------------- 15 11/02/lJl CU~;TOIW CONCJ;LIATION CONFERENCE SUMMARY REPORT AND ORDER OF COUR'i'- - DA'l'I';U 11/1/01 - BY THE COURT EDWARD E GUIDO J COPIES MAILED - 1112/01 =- ~~~~~~?~~?~~~~~i~i~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~.~ 17 711310,1 OI\lJER OF COURT - DATED 7/13/04 - IN RE CUSTODY - HEP,RI~G AT 4TH =. l'LOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE PA ON 7/27 04 AT 10:""" AM - FOR THE COURT JACQUELINE M VERNEY ESQ CUSTODY CON ILIATOR .-- cOPIES Ml\ILED - , .. -.. -.... -.... - - - - - . - - .. - - - -- .... - - - -.. - - - - - - - - - - - - - - -.. - - - - - - - - - - - - - - - -.. - - - - - - -.. - - - -.. .~. 18 9/13/0,1 Cll."'I'<W', C0NC~LIATION CONFERENCE SUMMARY REPORT AND ORDER OF COt.m!t:. - IWl'I,i) 9/10 04 - HEARING 10/.29/04 8:30 AM CR 5 - BY EDWARD E .- ("lIlJO .f - CO IES MAILED 9/13/04--- .. - - - - - .. - .. - - .. - - .. - - - - - .. - .. - - - - - .. - .. - - - - - - - - - - - - - - - .. - - - - - - - - - .. - - - - - - - - - - - - .. - - - - - -'~' 19 9/27/04 OIWER '.JF COURT - DATED 9/24/04 - IN RE PETITION FOR MODIFICATION:: OF CUSTODY - PE~DIfG PROCEEbING WHICH HAS CAUSED A HEARING TO BE_ ~:ClmDIlr.D FOR 10 29 04 AT 8: 30 AM IN CR 5 OF THE CUMBERLAND COUNT'\.'- COUR'l'liOUSE IT I H' REBY DIRECTED THAT THE WITHIN PETITION TO - fm.lUE:,:T FOR RELIEF SHALL BE HEARD CONTEMPORANEOUSLY WITH THE .= I(E<.JUI';S;' 0:.' DEFT FOR A MODIFICATION OF THE COURT I S PRIOR CUSTODY - CoI':lJEI< i,;' '_'iIE TIME AND DATE SET FORTH ABOVE - BY THE COURT EDWARD J (,:)!DO ,J C(j!'IES MAILED _.._~-------~..--_..._--- .-------------------------------------------------------- ----------------------- End of Docket Entries , ~~.~,~._~._~~~~~*~~---~-~.~,.~~~~~~~.~~~ . - - -~~ _ 8 S IN THE COURT OF COMMON PLEAS g ~ ~ $ OF CUMBERLAND COUNTY ~ ~ * 8 ~ ~ : STATE OF 0-, ': __ PENNA. l 8 8 SUSAN M. MACNAMARA II $ ..ppp' ... . .. '..PP'P Ii N(),p.9.4::,6.~4.5...,., CIVIL 1')94 8 ~ i?laintHfp ': ............,. ~ ~ Vel'.<I'" ~ ~ t1ARKI?~ MAc:lWlARA'. .... .... 8 8 Defendant ~ 8 8 ~ ~ e DECREE IN. ~ AND NOW. ..' ,J~.,. ,~/1. ~. ~ l~Q~~ ,,( !'d:'e~:fl1 i " decreed that . ..~l,I~~IJ,~t .t:~yt:l~J;~....,...................,.." plaintiff, ~ 8 and, , Mark P,., MacNamara, , , , , ., . , , , . , , " , , , , , . , , , , , , . , , , , . . '" defendant, ~ are divorced from the bonds of matrimony. ~ W ',' ~ ~ tJ ~ ,. ~ ~ ~ , ~ ~ ~ ~ $ ~ ~ ~ @ ~ ~ . lk ... ... .-:' The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order hos not yet been entered; None ...... .... ............. ..,. ... ..... .... ". .... ..... ... ...... ...... ........, ... .........,.,. ... .......... ,. .... ...... .......... ..... ~ /" ~/YL [' jJ~f. P-<"~~J' ,/:".>>~ o,Z ; '~~notnry "-_....-.._ ....~~_."-_~~_. ~___. _" ,_. ,_ ..,__~_,~ "" ,_,,_.__'_~.d._' ., . .;~ ~~~~~~***.~.~.**w*~~.~~~.~~. . .;; ~ ,;, " ,;, !' ~ ,;, " ~ ;.:, ~ ~ I~ I" I~ '.' ~ * ~~r95 ad. {'"'.At;J/~ A.~ t{.C}f95' '71~ I"~ ~ 11" SUSAN M. MACNAMARA, . IN THE COURT OF COM!{ON PLEAS OF . Plaintiff : cmrnERLAND COUNTY, PENNSYLVANIA . . vs. NO. 94-6645 CIVIL MARK P. MACNAMARA, . . Defendant PRABCrPB TO TRANSMIT RECORD To the prothonotary: Transmit tho record, together with the tOllowing intormation, to the Court for entry at a divorce decree: 1. Ground for divorce: irretrievable breakdown under (strike out Section 3301(C} ila;O(k*,~~~ ot the Divorce Code. inapplicable section.) 2. Date and manner at service at the complaint: personal service bv hand delivery on December 12. 1994 3. (Complete either paragraph (a} or (bl.} (a) Date of execution at the aftidavit of consent required by Section 3301 (cl of the Divorce Code: by the Plaintiff: June 3. 1995 May 23, 1995 ; by Detendant (b} (1) Date at execution of the Plaintiff's affidavit required by Section 3301(dl ot the Divorce Code: N/A (2} Date ot service of the Plaintiff's affidavit upon the Detendant: N/A 4. Related claims pending: None 5. Indicate date and manner ot service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under Section 3301(d} (11 () at the Divorce Code. N/A Bradley L. Griffie, ~~l:ntiff) :H)~~IU~!~Rt,a ~ ~ ~ ~ ~ ,- "'~ .,~ 4, I-,~ (.:l(1 :..r ,a;: ~::';'Jo :f;.~C') :'1 . .. , '.'J):i..:;.:; .' "I"t:~ .~- la/Ill;;r. .'_?;'.JI.". ~~ ~Q.. ...'" ",<.' ~ ~ -. ... -. f,- i< L: ",s').. UJ~..i f'\J ' ,. ( ).J " . l IT: r~ ~( u... , " . "I lUl ., Cl" .;~ _.1 0_1 (l ~: d '1 I it! ". 1. .' I,I'J (. ) " '" '_J ~ J cr f I, ~:s ~L Ul I III .. ~ .. ~ .. ti~ a: U ;r .. '" .. to jUlC; a: ~ .... -I 0 .. !~~~ -IJ Ul ~ ~ ~ OUl~ Ul ~ is 0( Ul Z . ~~ Ul - u I~ c( " ~ .. .. .. a: I~ 1;;:1: ,,; .. :Ii: " ctl - i!: II Z .J " " UJ a: Z " BS III ~ .. - Ul a: a: a: .J 0" !I!~ ... ii: o a: Z II . ~ O(Z~ :d ~ II. 8 . 0: u :E: . N ~ ~~ m l>< eJ Cl I In ~ u2 :::> UJ .... . Ilo, : .,. . ~~r:'} U. " . q: / j'- ",:~! .' , ..... ." ,. ~ SUSAN M. MacNAMARA, PlaintHf IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94-6645 CIVIL TERM IN CUSTODY v. MARK P. MaoNAMARA, Defendant CUSTODY STIPULATION AND AGREEMENT THIS AGREEMENT AND STIPULATION entered into the day and year hereinafter set forth, by and between Susan M. MacNamara, (hereinafter referred to as "Mother") and Mark P. MaoNamara, (hereinafter referred to as "Father"}. WHEREAS, the parties are the natural parents of Erin Gisela MacNamara, born March 29, 1990, and Markus Rudi MacNamara, born October 28, 1991 (hereinafter the "children"); and WHEREAS, the parties are presently separated and living in separate residences; and WHEREAS, the parties wish to enter into an Agreement relative to custody and partial custody of the children; and NOW, THEREFORE, in consideration of the mutual covenants, promises .and agreements as hereinafter set forth, the parties agree as follows I 1. Mother shall have primary physical custody and the parties shall have shared legal custody of the children. 2. Father shall have periods of temporary or partial custody of the children on the fallowing basis I (a) Beginning with the first weekend after entry of this Order, for the period from 6100 p.m. on Friday evening until 8100 p.m. on Saturday evening every other weekend for a total period of six weeks; (b} Beginning with the seventh week following the entry of this order, from Friday evening at 6100 p.m. until sunday evening at P:OO p.m. on an alternating weekend basis; (c} Every Thursday evening from 6:00 p.m. until 9100 p.m.; and (d} At other times as the parties may agree. 3. Each party shall be entitled to have one continuous week of ph~'sical custody of the children for vacation during the summer of 1996 by providing the other party with advance notice by at least May 30th of each year. For the summer of 1997 and all summers thereafter, each party shall be entitled to two one- week periods of uninterrupted physical custody for purposes of summer vacation, with each party notifying the other by no later than May 30 of each year of their designated weeks of summer vacation. 4. Neither party shall remove the children from the Commonwealth of Pennsylvania without prior consent of the other party. 5. The parties will keep each other advised immediately relative to any emergencies concerning the children and shall further take any necessary steps to insure that the health and well being of the children is protected. 6. Neither parent shall do anything which may estrange the children from the other party, or injure the opinion of the children as to the other party, or which may hamper the free and natural development of the children's love or affection for the other party. . . 7. Any modification or waiver of any of the provieions of this Agreement shall be effective only if made in writing and only if executed with the same formality as this Stipulation and Agreement. 8. The parties desire that this stipulation and Agreement be made an Order of Court to the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleall of Cumberland county does, in fact, have jurisdiction over the issue of custody of the parties' minor children and shall retain such jurisdiction should circumstances change and either party desire or require modification of said Order. 9. The parties agree that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other. 10. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year herein mentioned. WITNESS I :-::7 -" --_.__..~~~./':(l.'." " , } J} .,/ / . 0/ " '/# /;\'/t'c- Date: << ~~~8~ ~r1)9n 9JtM.-I'lvnWLcv 'USAN M. M.cNAMARA ~ Date:,-~/r~~~~ ~b' MAR P. MacN f J COUNTY OF CUMBERLAND On this the J ~1~ ) } SS } day of I/zUftwl: officer, personally appeared Susan M. COMMONWEALTH OF PENNSYLVANIA , 1996, before me, the undersigned MacNamara, known to me (or satisfactorily proven} to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. (~dt II i!/;ilf/LI NOIArIA' S..I Luh A. Millor, NolAry Public Carlisle Boro, Cumberland County My Commission e'p".sAprlI17, 2000 COMMONWEALTH OF PENNSYLVANIA ) ) SS COUNTY OF CUMBERLAND ) On this the ~II day of Ot ?t.t)- , 1996, before me, : the undersigned officer, personally appeared Mark P. MacNamara, known to me (or satisfactorily proven} to be the person whose name is subscribed to tbe within Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. , {./ NOTARIAL SEAL SHIRIE/ p, CLEVENGER. NOTARY PUOUO Corllll, Borough, Cumbtrlond CounlV MV eommloolon Expllll Moroh &, 2llOO SUSAN M. MacNAMARA, Plaintiff v. MARK P. MacNAMARA, Defendant AND NOW, this .. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW I NO. 94-6645 CIVIL TERM IN CUSTODY ,r , 1\)96, the attached ,stipulation and Agreement ereby made an Order of Court and all prior Orders on this matter are hereby vacated. BY THE COURT, J. c.) , :. n '" . .,' " I "'. ." Ii!! f' ",1 , H":] i\ L~ \;J )r . !il t~ i .-, : '. ~ l-="} " ~)rn t,.' r" , , -~~ '~I' :.i .~ " . v, :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :No, 94-6645 SUSAN M, MACNAMARA, Plaintiff MARK p, MACNAMARA, Defendant :CIVIL ACTION-LAW :IN CUSTODY NOTICE AND ORDER TO APPEAR Legal proceedings have been brought against you alleging you have willfully disobeyed an Order of Court for custody, If you wish to defend against the claim set forth In the following pages, you may but are not required to file In writing with the Court your defenses or objections. Whether or not you file In writing with the Court your defenses or objections, you must appear In person In court on the day of , 2001 at ,m" In Courtroom , at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT APPEAR IN PERSON, THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST, If the Court finds that you have willfully failed to comply with Its Order for Custody, you may be found to be In contempt of Court and committed to jail, fined or both. FOR THE COURT, Custody Conciliator The Court of Common Pleas of Cumberland County Is required by law to comply with the Americans with Disabilities 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, By: YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717} 249-3166 " v. :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :No, 94-6645 SUSAN M. MACNAMARA, Plaintiff MARK p, MACNAMARA, Defendant :CIVIL ACTION-LAW :IN CUSTODY ORDER OF COURT AND NOW, this day of ,2001, upon consideration of the attached Complaint, it Is hereby directed that the parties and their respective counsel appear before , Esq., the Conciliator, at on the day of 2001, at .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. Failure to appear at the Conference may provide grounds for entry of a temporary or permanent order, FOR THE COURT, Custody Conciliator The Court of Common Pleas of Cumberland County Is required by law to comply with the Americans with Disabilities 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, By: YOU SHOULD TAKE THIS PAPER;O YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 " . v. :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :No, 94-6645 SUSAN M, MACNAMARA, Plaintiff MARK p, MACNAMARA. Defendant :CIVIL ACTION-LAW :IN CUSTODY PETITION FOR CONTEMPTI MODIFICATION 1, The Petitioner is Mark P. MacNamara defendant in the above-captioned custody matter who is the natural father of Erin Gisela MacNamara born March 29, 1990 and Markus Rudi MacNamara born October 28, 1991. 2, Respondent Susan M, MacNamara is the plaintiff In the above-captioned matter and the natural mother of the children mentioned above. 3, On September 1 B, 1996, the parties entered a Stipulation which was entered as an Order of Court on that date by the Honorable George E, Hoffer. A copy of the Order and Stipulation is attached hereto, 4. In the Agreement and Stipulation and Order of Court the father was provided with periods of partial custody which were set forth with specificity, 5, The natural mother respondent has failed to abide by the requirements of this Order by refusing to provide the children to the father during his periods of partial custody as set forth in the Court Order. 6. The mother has further failed to follow the Court Order by failing to provide the children to the father for a continuous week of summer visitation during the summer of 2001, 7, The father further requests modification in order to provide more appropriate custody of the children In that he, as the prime custodial parent will be In a better position to properiy provide for the needs and welfare of the children while providing mother with reasonable periods of partial custody and visitation, WHEREFORE, for all the above reasons the Petitioner, Mark p, MacNamara respectfully requests this Court to hold a hearing and, after hearing, find that the natural fJ ..( .c-, r-- :,- 1F fS: <j) !: I:- " '-- ~~ V> - ~ :.~ .. J:;:. - ,- - .. 1~j ~ ',", --- '-" , ,. .' '~(~ v..... i;"J] ~ (' -'[.:.... V,~ ~- '- :.i " u '\ (, ,'," .1. C.J;, ,." . ..." j:,.;;,,,:',L". tJ.if.tJl U. l~f ~e./~ 4 ~Ue7 tJ.l-/~)1 ~ 1JV'"..h, ~ rff , tJ'lf.tJl ~Pf ~ ...;... ~ ~ ~ . ) ":7- ~ r.:., ~ .. \\ ::-0- ~ u.:: I;, '.-.' ~ SJ ~ '\j ~ ~ ~~ "- ".1 " ('-'.I f'\,) "" ~l co, -.... -- - ~ ~~ ~~ ~ ti ~>- ti .... w ti 6 ih ~ :!;d!:1 w ~ "-' '"' U j ~ R ~ -< "-' ~1 o , w _ " III a. .,.j Cl ~ ~ > -( g z . ~'"' iii ~ n. I~ ~ :( ~ ~~~~ I~ t; <C W ~ :I ffi i I('l z :r -' :> % Ul a: I ~ III ~ 15 . w 0 ~ it ~ - l: 0 ,j o m ~i~ ~ ll. -< Z Z ~ !!: 0 ~ < - % . ll: 0 u :E . c> N P. ~ ~~Cl ~ ~ ~ .-l~ v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 1994 - (;~1/5 CIVIL TERM IN DIVORCE SUSAN M. MacNAMARA, plaintiff HARK P. MacNAMARA, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the olaims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case will proceed without you and a decree in divorce or annulment may be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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 Fourth Floor Cumberland county Courthouse Carlisle, Pennsylvania 17013 SUSAN M. MacNAMARA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT~, PENNSYLVANIA CIVIL ACTION - LAW 1994 - CIVIL TERM IN DIVORCE v. HARK P. MacNAMARA, Defendant COMPLAINT IN DIVORCE 1. plaintiff is Susan M. MacNamara, an adult individual currently residing at 7073 Carlisle Pike, Lot No. 137, Carlilse, cumberland county, pennsyl vania. 2. Defendant is Mark P. MacNamara, an adult individual currently at the Hotel Montemar, Dominican Republic, and with a mailing address ofl ActividadoB Acuaticas, Puerto Plata village, Playa Dorada, Puerta Plata, Dominican Republic. 3. plaintiff is a bona fide resident of the Commonwealth of pennsylvania and has been so for at least six months. 4. Plaintiff and Defendant were married on August 13, 1988, in camp Hill, Cumberland county, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Defendant is not a member of the Armed Forces of the United States of America or its Allies. 7. plaintiff has been advised of the availability of counseling and the right to request that the court require the parties to participate in counseling. Knowing this, 'Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. .t .* ~ , \ { .! ~~ ~ U) ~ l:J t; &! .... ... t; ii I ~d!:l ... ~ .... 4.1 ~ g j IE R ~ .. ~ ft!~ .... fti ~ ~ ~ ~ "Ul Q,' ..... ~ Z . ft4.1 U) I~ ~ E Z a. ~ ~ ~ .. . x ~ I~ ... ~ Z J: " .. ~~I~ IE g ~ ~ i ~ w 0 :; III ... ~ ~u . ~ - ~ 3 .. z x ~ "'''Z ! 3 ~ ~ ~ . ~ ~i<' :l: . Cl ~ p.. ~ g~~ ~ ~ -"U.'IO"I,..,.nU.' ""In ONlfM:l. O'JI\unlMH.nll'" - - "'11 vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 94- CIVIL TERM IN DIVORCE SUSAN K. MacNAMARA, plaintiff MARK P. MacNAMARA, Defendant PETITION FOR EXCLUSIVE POSSESSION AND NOW, comes Petitioner, Susan M. MacNamara, by and through her counsel of record, Bradley L. Griffie, Esquire, and petitions the court as followsl 1. Your Petitioner is the above named plaintiff, Susan M. MacNamara, an adult individual currently residing at 7073 Carlisle pike, Lot No. 137, Carlisle, Cumberland county, Pennsylvania. 2. Your Respondent is the above named Defendant, Mark P. MacNamara, an adult individual who previously resided at 7073 Carlisle pike, Lot No. 137, Carlisle, Cumberland county, Pennsylvania, and currently resides at the Hotel Kontemar, Dominican Republic, but who has a mailing address of Actividades Acuaticas, Puerto Plata village, Playa Dorada, Puerto Plata, Dominican Republic. 3. The parties are the same parties to a divorce action initiated at the above docketed number in the Prothonotary's Office of the Court of Common Pleas of Cumberland County, pennsylvania. 4. The parties are the natural parents of Erin Gisela MacNamara, born March 29, 1990, and Markus Rudi MacNamara, born Ootober 28, 1991. 5. In the past, Respondent has vaoated the marital residence, sometimes with instructions tor his family to follow, and sometimes with instruotions for his family to remain at that residence. 6. In June ot 1994, in a spur of the moment decision, Respondent determined that he would move to the Dominican Republic to accept a job as a scuba diving instruotor. 7. At the time ot this decision, Respondent was working at pennsylvania Blue Shield, making $7.00 per hour. 8. Respondent vacated the marital residence on approximatelY June 19, 1994, advising Petitioner that he was moving to the Dominican Republic. 9. Since June 19, 1994, there had been intermittent contact between the Respondent and the Petitioner. 10. On september 22, 1994, Respondent appeared at Petitioner's residence where he remained until October 4, 1994, at that time returning to the Dominican RepUblic. 11. During Respondent's brief visit, he provided no financial support to Petitioner. 12. petitioner, based upon this most reoent escapade ot Respondent and past experiences, has determined that it is necessary for her to pursue her children's best interest relative to residency and financial matter~. 13. The Respondent in the past has failed to provide for the financial needs of the family. 14. Respondent in the past has had an intermittent work record and has required the parties to move their residence with little or no prior notice and has left the family with little financial socurity. 15. The Respondent has returned unexpectedly in the past from the Dominican Republic, or with little notice in~icating his intention to move back into the marital residence, at 7073 Carlisle pike, Lot No. 137, Carlisle, Cumberland county, pennsylvania, where the petitioner and her two minor children reside. 16. To allow the Respondent to move back into the former marital residence would be extremely disruptive to the children who have just become accustomed to his l"esidence outside of ,the marital domicile. 17. Respondent's determination that he would vacate the marital residence more than five months ago, and his securing of a new residence of his own is indicative of his ability to secure a new residence outside of the former marital residence where the petitioner and her two minor children reside. 18. Respondent has shown an emotional and mental instability that has had a negative affect upon the Petitioner and her children relative to their security and the status quo of their lives, as well as the petitioner's and the children's financial security. 19. Petitioner recently secured full-time employment to assist her in providing for the immediate and necessary needs of her and her children. . ," .' NOV 0 1 2001 ~ SUSAN M, MacNAMARA, Respondent/Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PEi;NSYLVANIA : NO, 1994-6645 CIVIL TERM V. MARK P. MacNAMARA, Petilloner/Defendant : CIVIL ACTION . LAW : IN CUSTODY ORDER OF COURT ANDNOW,thisJ..:r day of tJ~ ,2001,upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I. The prior Order of Court, dated September 18, 1996, is hereby vacated. 2. The Father, Mark P. MacNamara and the Mother, Susan M. MacNamara, shall have shared legal custody of Erin Gisela MacNamara, born March 29, 1990 and Markus Rudi MacNamara, born October 28, 1991. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 3. Mother shall have primary physical custody of the children. 4. Father shall have periods of partial physical custody as follows: A. Beginning Saturday, November 3, 2001, alternating weekends, from Saturday at 8:00 a.m. to Sundays at 8:00 p.m. B. Two non-consecutive weeks in the summer. Father shall give Mother notice of his weeks by May 31 of every year. 5. Mother shall have physical custody of the children on Mother's Day; Father shall have physical custody of the children on Father's Day; both from 8:00 a.m. to 8:00 p.m. 6. The Christmas holiday shall be divided into two blocks. Block A shall be from I :30 p.m. Christmas Eve until I :30 p.m. Christmas Day and Block B shall be from I :30 p.m. Christmas Day to I :30 p.m. December 30. Mother shall always have Block A and Father shall always have Block B. In addition, in odd numbered years, Father shall have physical custody of the children from December 25 at I :30 p.m. until Jan. I at 8:00 p.m. to correspond with his holiday schedule in Paragraph 7. . .. " 7. The parties shall alternate the following holidays from 8:00 a.m. to 8:00 p.m.: Thanksgiving, New Year's Day, Memorial Day, July 4, and Labor Day. Mother shall have physical cllstody of the children on Thanksgiving, 200 I. In uddition, when the above holidays fall on a Monduy that coincides with Father's alternating weekend schedule, Father shall huve physical custody of the children overnight on Sunday. 8. The parties shull keep ellch other advised immediately relative to any medical care or medical emergencies concerning the children and shall further take any necessary steps to ensure that th\~ health IInd well being of the children is protected. During such illness or medical emergency, both parents shall have the right to visit the child as often as he/she desires consistent with the proper medical care of the child. 9. Neither parent shull do or suy anything nor let anyone in the children's presence to suy or do anything thut may estrange the children from the other pure nt, injure the opinion of the children as to the other parent or hamper the free and naturul development of the children's love and respect for the other parent. 10. Father shall be responsible for all transportation unless otherwise agreed by the parties. Father shall arrive to pick up the children not later than thirty (30) minutes from the designated pickup time, unless he provides prior notice to Mother. II. The children are not to be removed from the country without consent of both parents. If the custodial parent is taking the children out of state, they must provide the non-custodial parent with a telephone number and address where the children can be reached. 12. Both parties are entitled to liberal telephone contact with the children while in the other parent's custody. 13. The Conciliator does not make a finding of contempt in this matter. 14. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the ternlS of this Order shall control. .~ ~I .~ ~ . ~ BYT~ J. cc: Robert J. Mulderig, Esquire, Counsel for Father Bradley L. Griffie, Esquire, Counsel for Mother , '. ..::\' ~. ..:J (-, C' '. , . , , , " - ,J ",I ;'1 I , ~::; : i i ~j I " , _:i . ,::'1 () ;1 ~~ e ft~~ ~~I~ ~;~h ~ ~~8 ~ u~~ ~ ti I- .. <( Il 9 ~ ~ 6 en t!. w ~ U) 0( ~ 0( <( ~ ~ D.. ~ ~ J: ~ a % !! !!! g ~ ~ It <: z 3 ~ ~ ti ~ .. - 1Il~ <: " D. ~ ~ g ~ ~ ::I :; :t CD 1Il Ii ~ o .. z ~ ! g ..... fl ~ p.. . ~ d ~ . fl< ~ ~ 8 ~ I . ;(; ~ _Hln..l.O"., OfIMIO. O:JIo"";'.,.fll"'J11I1lIU 'trOll'''.'''''' v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACi'ION - LAW 94 - 6645 CIVIL TERM IN CUSTODY SUSAN M. MacNAMARA, plaintiff MARK P. MacNAMARA, Defendant COMPLAINT FOR CUSTODY 1. Plaintiff is Susan M. MacNamara, an adult individual currently residing at 7073 Carlisle pike, No. 137, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Mark P. MacNamara, an adult individual currently residing 41 Wagner Drive, Carlisle, Cumberland county, pennsylvania. 3. The parties are the natural parents of the children, Erin Gisela MaoNamara, born March 29, 1990, and Markus Rudi MacNamara, born october 28, 19911 The children were not born out of wedlock. since the children's births, the ohildren have resided with the following persons at the following addresses for the following periods of time. &1m ADDRESS ~ 7073 Carlisle Pike June 1994 to No. 137 Present Carlisle, PA 7073 Carlisle Pike Oct. 1991 to No. 137 June 1994 Carlisle, PA Main Street Aug. 1991 to shiremanstown, PA Oct. 1991 Susan M. MacNamara Susan M. MacNamara Mark P. MaoNamara Susan M. MacNamara Mark P. MacNamara Susan H. HacNamara Highland Trail Jun. 1991 to Hark P. HacN.~ra Mechanic.burg, PA Aug. 1991 Susan M. MacNamara Town , Country Apts. Jul. 1989 to Mark P. HacNamara Eagle Crest Court Jun. 1991 Harrisburg, PA The natural mother of the children is Susan M. MacNamara, who re.ides a. afore.aid. She is married. The natural father of the children is Mark P. MacNamara, who reside. as afor&said. He is married. 4. The relationship of the Plaintiff to the children is that of natural mother. The Plaintiff currently re.ides alone with the children. 5. The relationship of the Defendant to the children is that of natural father. The Defendant currently resides with his mother, Ann D. MacNamara. 6. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning custody of the children. 7. Plaintiff has no informaticn of a custody proceeding concerning the children pending in any Court of this Commonwealth. 8. The best interest and permanent welfare of the children will be .erved by granting the relief requested because I Ca> Plaintiff has been the primary caretaker of the children since their birthsl (b) Defendant has shown instability in his employment and in his life-style, includinq his present desire to reside in the Dominican Republic and maintain employment in the Dominican Republic I (c) Defendant has not provided appropriately for the financial support of the familYI (d) Defendant has not provided the necessary care, custody and control for the children as would be deemed appropriate from a natural parentI (e) Plaintiff has been the primary custodian and has provided tho necessary care, custody and control to see to the children's neods. 9. Plaintiff does not know of any person not a party to the proceedings who claims to have custody or visitation rights with respect to the children. WHEREFORE, Plaintiff requests your Honorable Court to schedule a custody conciliation followed by a hearing, at which time Plaintiff should be granted primary physical custody of her children. Respectfully submitted, GRIFFIE & ASSOCIATES fr , or Plaint f orth Hanover Street C isle, PennsYlvania 17013 (717) 243-5551 v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CXVIL ACTION - LAW SUSAN M. MacNAMARA, plaintiff MARK P. MacNAMARA, Defendant 94 - 6645 CIVIL TERM : IN CUSTODY ORDER OF COURT AND NOW, T"," w,r 1 ~. II, " \' , upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before 0"'-..,/1 )',,,-,."v,.'I t's;,\ ' the conciliator, ats"\ Lt" IV tv..' " 'il. rv\(.,Iw."'lc~b"',,> on the \ a \. ~ day of J",-I\'^Af~ 1995 at ~!l:0J 11, .m., for a pre-Hearing custody Conforence. At such conference, an effort will be made to reaolve the issues in dispute1 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, 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. OFFICE OF THE COURT ADMINISTRATOR Cumberland county Courthouse Fourth Floor carlisle, PA 17013 (717) 240-6200 ~~ ~ ~~ - ffi ~ >< I~ ;:; C-< I fi" :;I..B .. ~ ~~ ~~ ....l 8 ~ -s1~~~ H 5 I J.I""; > '/t '/(, 13 ,5": tdi H I ~~ ~..... . CJ i ;.i'liI;'!i -~ :> il'g e5 [:) c , - ~ . '11 ~ lfl H j ~ ~- ~ It! ...... ;'h E:1 El !; ..... A.~ ?J!A. '1' ..; ~ ~ '" '"~ ~ !;!l Pll, t, ~_ ~ <r ~l " 0'\ H > , H >t ~ CJ ~ 8 " .. " FEG 2 8 1995 I . ... SUSAN M. MacNI\MARA, Plaintiff IN THE COURT OF CCX'\MON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA v. No. 94-6645 CIVIL TERM MARK P. MacNAMARA. Defendant : CIVIL ACTION - CUSTODY PRIOR JUDGE: Judge George E. Hoffer aIDER Of!' roJRT AND NCM, this upon consideration of the attached ordered and directed as follows: day of , 1995. Custody Conference Summary Report. it is 1. The Mother, Susan M. MacNamara, and the Father. Mark P. MacNamara, shall have shared legal custody of Erin Gisela MacNamara, born March 29, 1990, and Markus Rudi MacNamara, born October 28. 1991. 2. The Mother shall have primary physical custody of the minor Children. 3. The Father shall have liberal partial physical custody during periods of time in which he is present in the Commonwealth of Pennsylvania as mutually agreed upon by the parties. 4. The Father shall not remove the Children from the Commonwealth of Pennsylvania or otherwise from the primary physical custody of the Mother without the Mother's written consent. 5. upon the return of the Father to Cumberland COllnty, Pennsylvania, and in the event the parties are not at that time able to reach an agreement on custody, counsel for the parties may contact the Conciliator to arrang r Custody Conciliation Conference. BY THE CXlURT. J. cc: Bradley L. Griffie. Esquire Frances H. Del Duca, Esquire Mark P. MacNamara SUSAN M. MacNAMARA. Plaintiff IN THE COURT OF COMMON PLCAS OF CUMBERLAND CornlTY. PBNNSYLVANIA v. No. 94-6645 CIVIL TERM MARK P. MacNAMARA. Defendant : CIVIL ACTION - CUSTODY PRIOR JUDGE: Judge George E. Hoffer CUS'IOOY CONFERmCE stH1ARY 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 pertaining to the Children who are the subjects of this litigation is as follows: NAME BIRTHDATE CURRENTLY IN CUSTODY OF Erin Gisela MacNamara Markus Rudi MacNamara March 29. 1990 October 2B, 1991 Plaintiff/Mother Plaintiff/Mother 2. A Conciliation Conference was held on February 22. 1995. with the following individuals in attendance: the Mother, Susan M. MacNamara, and her counsel, Bradley L. Griffie, Esquire. Frances H. Del Duca, Esquire. who apparently represents the Father, Mark P. MacNamara, notified the Conciliator that Mr. MacNamara would be out of the country until March. However, the Conciliator's efforts to reschedule the Conference for any time in March were unsuccessful. The Conciliator is uncertain as to Ms. Del Duca's status as Mr. MacNamara's legal counsel as she did not respond to efforts by the Mother's counsel to accept service of the Custody Complaint or enter into communications with respect to Mr. MacNamara's position on interim Custody arrangements until he returns to the United States. Because Ms. Del Duca was unwilling to reschedule the Conciliation Conference at this time, the Conciliator notified Ms. Del Duca that the Conference would proceed on February 22. 1995, at which time temporary custody arrangements would be addressed pending Mr. MacNamara's return. 3. The parties Dominican Republic. parties' separation. separated in June 1994 when the Father moved to the The Children have resided with the Mother since the 4. The Mother's position on custody is aD follows: The Father had a very unstable work record prior to leaving the country in June 1994. Based on this history. the Mother declined to take the Children and move to the Dominican Republic with the Father. although the Father requested that she do so. The Father has changed employment and residence two or three times since moving to the Dominican Republic and the Mother is concerned that this is not an appropriate lifestyle for the Children. During the Father's recent visit to Pennsylvania from Decetrber ll. 1994 through January ll. 1995, the Children spent considerable time in the custody of the Father at the paternal grandmother's home, and the Mother has no intention to prevent the Father from seeing the Children. The Mother is agreeable to liberal partial physical custody arrangements for the Father. but seeks an Order preventing the Father from taking the Children. without her consent, to the Dominican Republic or removing the Children from her primary physical custody. The Mother is unable to reach the Father by telephone but has his former work address in the Dominican Republic as well as an address in Miami. Florida. which the Father provided to her for forwarding his mail. 5, The Conciliator notes that she had been previously informed by Frances Del Duca. EsquJ.rfl, that Mr. MacNamara had no intention of removing the Children to the Dominican Republic without the Mother's consent, 6. I have attached an Order pro:>viding interim custody arrangements pending further Order of the Court after Mr. MacNamara's return to the cOlTlTlOnwealth. 7. As Ms. DelDuca, Esquire, has neither entered an appearance on Mr. MacNamara's behalf nor attended the Conciliation Conference, I am enclosing an additional envelope for service of the Court's Order on the Father at the forwarding address which he has provided in Miami. Florida. _ khrolU ,J"i 171,1) Date . (UM --1Jlv11 d~1 Dawn s. sunday, Esq re Custody Conciliator ...... C1") - ,. ...l.- 1E .... III r-.., - ". = - "'= ~ , SUSAN M. MacNAMARA, IN THE COURT OF COMMON PLEAS OF plaintiff CUMBERLAND COUNTY, PENNSYLVANIA : vs. . CIVIL ACTION - LAW . . . MARK P. MacNAMARA, . 94-6645 CIVIL TERM . Dftfendant IN DIVORCE urIDAVIT or COlr8111lT 1. A Complaint in Divorce under Section 3301(C) of the Divorce Code was filed on November 22, 1994. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final Decree of Divorce. 4. I have been advised of the availability of marriage counseling, that I may request that the Court require that my spouse and I participate in counseling, and that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I decline to request that the Court require that my spouse and I participate in counseling. 5. I understand that I may lose rights concerning alimony, division of property, lawyers' fees or expenses if I do not claim them before ft divorce is granted. I VERIFY THAT THE STATEMENTS HADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE HADE SUBJECT TO THE PENALTIES OF 18 Pa. C.S. 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: ~rtL 3/1995 &LJt1/){) 11), 9r.AC 'JWrJUl/(tLJ SUSAN M. MacNAMARA, Plaintiff '.'I, i; J" I !R :.::- "'- In COlI C") to- ~.(: ... ~I ~-:.' ~)~.':: 1"'0')- ~-; i~: ~:: .:~ '-I ';"'l\-' 'II _,1..1') _, .. q:'.r '.,h..~ 1-:: ;f'd: ..... ~....; l;'U "" ~ V8. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 94-6645 CIVIL TERM IN DIVORCE SUSAN M. MacNAMARA, plaintiff HARK P. MacNAMARA, Defendant U'J'IDAVIT OJ' COIIS.IIT 1. A Complaint in Divorce under section 3301(c) of the Divorce Code was filed on November 22, 1994. 2. The marriage of plaintiff and Defendant is irretrievably broken and ninety (90) days have elap8ed from the date of the filing of the complaint. 3. I consent to the entry of a final Decree of Divorce. 4. I have been advised of the availability of marria."e counseling, that I may request that the Court require that my spouse and I participate in counseling, and that the Court maintains a list of marriage counselors in the prothonotary's Office, which list is available to mo upon request. Being so advised, I decline to request that the Court require that my spouse and I participate in counseling. 5. I understand that I may lose rights concerning alimony, division of property, lawyers' fees or expenses if I do not claim them before a divorce is granted. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa. C.S. 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: "). , ),'- /;-~;., I . ./' /'. ' f.' ,) ... "0 )' -;..// .I /} . _u'J d:. / //<~;-"/;' "~"#L :'b~;-~ MARK P. MacN ,. , L._ Defendant .1"ffi.'~- ,'. ,:-.' ',' :di~-'-'\-" '~'h-,-:-~"-,~,,,,--,-'~-'l -", -"_, -'.- ~~--.:.;--,-.,.:~.-'.-~ ',-.::,/,,_ :~_i:___;':-~:"\~~----V:f;-Ij-\_-i4.~1 - '-f .,..; '.~- LT.-" .~ .''','. ,. ~.t..,.."t... ."'-. ~. '_' "- ,-'"'-','>,,.;::""",!. ' ':0; ,:,)'~'... ' '.."'..n. 'd' ., -, .~. '," ,,-.. ,_. .:'......'. ~,':-_(,..._,. _' --. " "'y-, ~.';n , ",il,~~'f{.\'(t' ,', ,/;,',':;li..t.t;d::-~:'};"'l ..{'.':<,;1'';'j'' :j'~ ,\,; ",';V. i:,', " ;;~:I:::I:i""Tlji~'1~~ . ,. '~"~~~~~fj&H\j~it$1~~1?:::~?;J;~~~,~~;~~;~).,;:t~;\~~!~f;~~';~'~~~~i~\t" ' .i"y"." ,'." .' I:>, ~,;, .1':"1, ;\""." ", ""~,, "',', ,O' :.' """i" ~':,. ",: ""');"''''\''h~C"...:)..( _.... '~~'J :~';;:-{:tt:"~'f}:~i:-.k>"'::~.;',J,'(-~<.)'Y':~~7;;!-/;';~~~,'/~':'i:.r::"',J:;'~"~~i':,i'_j:'~; L';.' -:;;;,'-- ':v ~ ,--;:."",,~_t:' 'd ',-' ' - PLAINTIFF IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 94-6645 CIVIL ACTION LAW MARK P. MACNAMARA DEFENDANT IN CUSTODY OIUlEIl OJ! ('Ot!ln' AND NOW, Tuesday, July 13,2004 . upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear beli)reJ~~,quellne M,. Verney, Es'l__" the conciliator, at 4th Floor, Cumherland County Courthouse, Carlisle on Tuesday, July 27, 2004 at 10:30 AM for a Pre-Hearing Custody Conference. At such conlercncc. an eflbrt will be made to resolve the issucs in dispute; or if this cannot be accomplished, to dcline and narrow the issues 10 be heard by the court. and to enler inlo a temporary order. All children nl(e live or older may also be present at the conlerence. Fnilurc 10 nppenr at the conlercnce mnv provide grounds for entry of a tempornry or permnnent order. The court hercby dlrccts the parties to furnish Rny and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 411 hours prior to scheduled hearIng, FOR THE COURT, By: /s/ faCQlleli11e M..~Q. Custody Conciliator mho The Court of Common Pleas of Cumberland County is required by law to comply with the Amcrieans with Disabilitcs Act of 1990. For information about acccssible liteilities and reasonable accommodntions availnble to disabled individuals having busincss bcfore Ihc court, pi case contact our office. All arrangements must be made alleast 72 hours prior to any hearing or business before the court. You must attend the scheduled eonfcrence or hearing. YOU SHOULD TAKE TillS PAPER TO YOUR ATroRNEY AT ONCE. IF YOU DO NOT HAVE AN ATroRNEY OR CANNOT AFFORD ONE, GO TO OR TELEI'IIONE THE OFFICE SET FORTH BELOW TO FIND OUT WIIERE YOU CAN GET LEGAI.IIELI'. Cumberland County Bar Association 32 South Bedlilrd Street Carlisle. Pennsylvania 170 I 3 Telephone (717) 249.3166 7. The parties shull allerllute the following holidays from 8:00 a.m. to 8:00 p.m.: Thanksgiving, New Year's Day, Memorial Day, July 4, and Labor Day. Mother shall have physical custody of the children on Thanksgiving, 200 I. In addilion, when the above holidays fall on a Monday that coincides with Father's allel'l1ating weckend schedule. Father shall have physical custody of Ihe children overnight on Sunday. 8. The parties shall keep each olher advised immediately relative to any medical care or medical emcrgencies concerning the childrcn and shall further lake any nec~ssary sleps 10 ensllre thatlhe heullh and well being of thc children is protecled. During sllch illness or medical emergency, both parcnls shall havc the right to visit the child as ofienns he/she desires consistent with thc propcr mcdical care of the child. 9. Neither parcnt shall do or say anything nor let anyone in the children'~ presence to sayar do anything that may estrange the children from the other parent, injure the opinion of (he children as to the other parent or hamper the free and natural development of the children's love and respcct for the other parent. 10. Father shall be responsible for all transportation unless otherwise agreed by the parties. Father shall arrive to pick up the children not later than thirty (30) minutes from the designated pickup time, unless he provides prior notice to Mother. II. The children are not to be removed from the country without consent of both parents. If the custodial parent is taking the children out of state, they must provide the non-custodial parent with a telephone number and address where the children can be reached. 12. Both parties are entitled to liberal telephone contact with the ehildren while in the other parent's custody. 13. The Conciliator does not make a finding of contempt in this matter, 14. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. .~~ ~? '.~ .~ J. ~ cc: Robert J. Mulderig, Esquire, Counsel for Father Bradley L. Griffie, Esquire, Counsel for Mother ~~ -/.-"" ~ r- .~ ~ '., , ~ " ~ .' , , ~ ~j I . .. , u.. IJ Q \, ' . "" . ~ ~ j I~n () C., ~ ..... "-1:, ,'.1 t ~ b u_ ~ , L.I! ,. r::': '--J ~ 'I. ~, l.J "6,. CJ C1 .. ,- v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO, 1994-6645 CIVIL TERM SUSAN M, MacNAMARA, Plaintiff MARK P. MacNAMARA, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 29th day of October, 2004, the Defendant having failed to appear, his motion for modification is dismissed, Mother's motion for modification is granted in part. The Order of November 1, 2001, shall remain in full force and effect with the proviso that father must give at least 30 days written notice of his intention to exercise periods of partial custody thereunder. By the Court, Edllard E. Guido, J. ~adley L. Griffie, Esquire For the Plaintiff -..1 ~ron Neuharth, Esquire For the Defendant srs SUSAN M. MacNAMARA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : CIVIL ACTION - LAW : MARK P. MacNAMARA, : 1994 - ~ CIVIL TERM Defendant : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case will proceed without you and a decree in divorce or annulment may be entered against you for any other claim or relief requested in these papers by the Plaintiff. other rights important to you, your children. You may lose money or property or including custody or visitation of When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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 Fourth Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 SUSAN M. MacNAMARA, Plaintiff MARK P. MacNAI~3%RA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 1994 - CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff currently residing at Cumberland County, Pennsylvania. 2. Defendant is Mark P.MaoNamara, currently at the Hotel Montemar, Dominican mailing address of: Actividades Acuaticas, Playa Dorada, Puerta Plata, Dominican Republic. 3. Plaintiff is a bonafide resident of the Commonwealth Pennsylvania and has been so for at least six months. 4. Plaintiff and Defendant were married on August 1988, in Camp Hill, Cumberland County, Pennsylvania. 5. There have been no prior actions for divorce is Susan M. MacNamara, an adult individual 7073 Carlisle Pike, Lot No. 137, Carlilse, and the right participate in annulment between the parties. 6. The Defendant is not the United States of America or 7. Plaintiff has counseling parties to a member of its Allies. an adult individual Republic, and with a Puerto Plata Village, of 13, or the Armed Forces of been advised of the availability of to request that the court require the counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. 10. Plaintiff desires a divorce based upon that Defendant will, ninety days from the date of the this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court a decree in divorce pursuant to 23 P.S. Section 3301(c). the belief filing of to enter COUNT II INDIGNITIES 11. Paragraphs i through 10 are incorporated herein by reference as if set forth in their full text. 12. Defendant has committed such indignities upon the person of the Plaintiff, the innocent injured spouse, as to make his condition intolerable and life burdensome. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in divorce pursuant to 23 P.S. 3301(a)(6) of the Divorce Code of 1980, as amended. Respectfully submitted, GRIFFIE & ASSOCIATES ~ire (7~) 243 5551 1-800-347-5552 I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING COMPLAINT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN MADE ARE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. SUSAN M. MacNAMARA, Plaintiff SUSAN M. MacNAMARA, Plaintiff VS. MARK P. MacNAMARA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : 94- CIVIL TERM : IN DIVORCE PETITION FOR EXCLUSIVE POSSESSION AND NOW, comes Petitioner, Susan M. MacNamara, by and through her counsel of record, Bradley L. Griffie, Esquire, and petitions the court as follows: 1. Your Petitioner is the above named Plaintiff, Susan M. individual currently residing at 7073 No. 137, Carlisle, Cumberland County, above named Defendant, Mark P. who previously resided at 7073 Carlisle, Cumberland County, MacNamara, an adult Carlisle Pike, Lot Pennsylvania. 2. Your Respondent is the MacNamara, an adult individual Carlisle Pike, Lot No. 137, Pennsylvania, and Dominican Republic, Acuaticas, Puerto Dominican Republic. currently resides at the Hotel Montemar, but who has a mailing address of Actividades Plata Village, Playa Dorada, Puerto Plata, 3. The parties are the same parties to a divorce action initiated at the above docketed number in the Prothonotary'$ Office of the Court of Common Pleas of Cumberland County, Pennsylvania. 4. The parties are the natural parents of Erin Gisela MacNamara, born March 29, 1990, and Markus Rudi MacNamara, born October 28, 1991. residence, and sometimes with residence. 6. In June In the past, Respondent has vacated the marital sometimes with instructions for his family to follow, instructions for his family to remain at that of 1994, in a spur of the moment decision, Respondent determined that he would move to the Dominican Republic to accept a job as a scuba diving instructor. 7. At the time of this decision, Respondent was working at Pennsylvania Blue Shield, making $7.00 per hour. 8. Respondent vacated the marital residence on approximately June 19, 1994, advising Petitioner that he was moving to the Dominican Republic. 9. Since June 19, 1994, there had been intermittent contact between the Respondent and the Petitioner. 10. On September 22, 1994, Respondent appeared at Petitioner's residence where he remained until October 4, 1994, at that time returning to the Dominican Republic. 11. During Respondent's brief visit, he provided no financial support to Petitioner. 12. Petitioner, based upon this most recent escapade of Respondent and past experiences, has determined that it is necessary for her to pursue her children's best interest relative to residency and financial matters. 13. The Respondent in the past has failed to provide for the financial needs of the family. an intermittent work their residence with with little intention to move back into the marital residence, at 7073 Carlisle Pike, Lot No. 137, Carlisle, Cumberland County, Pennsylvania, where the Petitioner and her two minor children reside. 16. To allow the Respondent to move back into the former marital residence would be extremely disruptive to the children who have just become accustomed to his residence outside of the marital domicile. 17. Respondent's determination that he would vacate the marital residence more than five months ago, and his securing of a new residence of his own is indicative of his ability to secure a new residence outside of the former marital residence where the Petitioner and her two minor children reside. 18. Respondent has shown an emotional and mental instability that has had a negative affect upon the Petitioner and her children relative to their security and the status quo of their lives, as well as the financial security. 19. Petitioner recently assist her in providing for the her and her children. Petitioner's and the children's secured full-time employment to immediate and necessary needs of 14. Respondent in the past has had record and has required the parties to move little or no prior notice and has left the family financial security. 15. The Respondent has returned unexpectedly in the past from the Dominican Republic, or with little notice indicating his WHEREFORE, Petitioner requests your Honorable Court to provide her with exclusive possession of the marital residence at 7073 Carlisle Pike, Lot No. 137, Carlisle, cumberland County, Pennsylvania, pending further Order of Court, agreement of the parties or finalization of the parties' divorce. Respectfully submitted, GRIFFIE & ASSOCIATES /~ey for Petitioner North Hanover Street Carlisle, PA 17013 (717) 243-5551 (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: SUSAN M. MacNAMARA, Plaintiff vs 0 MARK P. MacNAMARA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW presentation and consideration of the within Petition, Petitioner is granted exclusive possession of the residence located at 7073 Carlisle Pike, Lot No. 137, Carlisle, Cumberland County, Pennsylvania, pending further Order of Court. Further, a Rule is issued upon Respondent, Mark P. MacNamara, to show cause, if any he has, as to why he should not be excluded from the aforesaid residence pending the finalization of the divorce in this matter or further proceedings resulting in an Order of Court or Agreement. Rule returnable a~ m ~a~i~ , ~ ..... ,~ ~_..~! C~lr~,,~, Carlisle, Service is to be made by certified mail, restricted delivery upon the Respondent. BY THE COURT, SUSAN M. MacNAMARA, Plaintiff v. MARK P. MacNAMARA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 94 - 6645 CIVIL TERM IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Susan M. MacNamara, currently residing at 7073 Carlisle Pike, Cumberland County, Pennsylvania. 2. Defendant is Mark P. MacNamara, an currently residing 41 Wagner Drive, Carlisle, Pennsylvania. 3. The parties are the natural Erin Gisela MacNamara, born March 29, MacNamara, born October 28, 1991; The children were not born out of wedlock. Since the children's births, the following persons at the following periods of time. an adult individual No. 137, Carlisle, adult individual cumberland County, parents of the children, 1990, and Markus Rudi the children have resided with following addresses for the NAME ADDRESS Susan M. MacNamara Susan M. MacNamara Mark P. MacNamara Susan M. MacNamara Mark P. MacNamara 7073 Carlisle Pike No. 137 Carlisle, PA DATE June 1994 to Present 7073 Carlisle Pike Oct. 1991 to No. 137 June 1994 Carlisle, PA Main Street Shiremanstown, PA Aug. 1991 to Oct. 1991 Susan M. MacNa~ara Mark P. MacNamara Susan M. MacN~ara Mark P. MacNamara Highland Trail Jun. 1991 to Mechanicsburg, PA Aug. 1991 Town & Country Apts. Jul. 19S9 to Eagle Crest Court Jun. 1991 Harrisburg, PA The natural mother of the children is Susan M. MacNamara, who resides as aforesaid. She is married. The natural father of the children is Mark P. MacNamara, who resides as aforesaid. He is married. 4. The relationship of the Plaintiff to the children is that of natural mother. The Plaintiff currently resides alone with the children. 5. The relationship of the Defendant to the children is that of natural father. The Defendant currently resides with his mother, Ann D. MacNamara. 6. Plaintiff has not participated as a party or witness, or in any other capacity in o~her litigation, concerning custody of the childre~. ?. Plaintiff has no information of a custody proceeding concerning the children pending in any Court of this Commonwealth. 8. The best interest and permanent welfare of the children will be serve~ by granting the relief requested because= (a) Plaintiff has been the primary caretaker of the children since their births~ and the Republic; (b) Defendant has shown instability in his employment in his life-style, including his present desire to reside in Dominican Republic and maintain employment in the Dominican financial custody and control for the children as appropriate from a natural parent; (e) Plaintiff has been the primary (c) Defendant has not provided appropriately for the support of the family; (d) Defendant has not provided the necessary care, would be deemed custodian and has provided the necessary care, custody and control to see to the children's needs. 9. Plaintiff does not know of any person not a party to the proceedings who claims to have custody or visitation rights with respect to the children. WHEREFORE, Plaintiff requests your Honorable Court to schedule a custody conciliation followed by a hearing, at which time Plaintiff should be granted primary physical custody of her children. Respectfully submitted, GRIFFIE & ASSOCIATES ~e CaA'l is 1 ~, Pe~sylvania 17013 (717) 243-5S51 I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING COMPLAINT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN MADE ARE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. SUSAN M. MacNAMARA SUSAN M. MacNAMARA, Plaintiff MARK P. MacNAMARA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 94 - 6645 CIVIL TERM IN CUSTODY AND NOW, ~-~c~ attached complaint, it their respective counsel appear before the conciliator, at ~ ~. t~l~ 5~. for a Pre-Hearing Custody Conference. ORDER OF COURT ~. ~(~9f- , upon consideration of the is hereby directed that the parties and 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. FOR THE COURT, Custody COnClllat~W YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT RAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. OFFICE OF THE COURT ADMINISTRATOR Cumberland County Courthouse Fourth Floor Carlisle, PA 17013 (717) 240-6200 SUSAN M. MacNAMARA, : Plaintiff : MARK P. MacNAMARA, : Defendant : PRIOR JUDGE: Judge George E. Hoffer IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 94-6645 CIVIL TERM CIVIL ACTION - CUSTODY IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Children who are the subjects of this litigation is as follows: NAME BIRTHDATE CURRENTLY IN CUSTODY OF Erin Gisela MacNamara Markus Rudi MacNamara March 29, 1990 October 28, 1991 Plaintiff/Mother Plaintiff/Mother 2. A Conciliation Conference was held on February 22, 1995, with the following individuals in attendance: the Mother, Susan M. MacNamara, and her counsel, Bradley L. Griffie, Esquire. Frances H. Del Duca, Esquire, who apparently represents the Father, Mark P. MacNamara, notified the Conciliator that Mr. MacNamara would be out of the country until March. However, the Conciliator's efforts to reschedule the Conference for any time in March were unsuccessful. The Conciliator is uncertain as to Ms. Del Duca's status as Mr. MacNamara's legal counsel as she did not respond to efforts by the Mother's counsel to accept service of the Custody Complaint or enter into co~unications with respect to Mr. MacNamara's position on interim Custody arrangements until he returns to the United States. Because Ms. Del Duca was unwilling to reschedule the Conciliation Conference at this time, the Conciliator notified Ms. Del Duca that the Conference would proceed on February 22, 1995, at which time temporary custody arrangements would be addressed pending Mr. MacNamara's return. 3. The parties separated in June 1994 when the Father moved to the Dominican Republic. The Children have resided with the Mother since the parties' separation. 4. The Mother's position on custody is as follows: The Father had a very unstable work record prior to leaving the country in June 1994. Based on this history, the Mother declined to take the Children and move to the Dominican Republic with the Father, although the Father requested that she do so. The Father has changed employment and residence two or three times since moving to the Dominican Republic and the Mother is concerned that this is not an appropriate lifestyle for the Children. During the Father's recent visit to Pennsylvania from December 11, 1994 through January 11, 1995, the Children spent considerable time in the custody of the Father at the paternal grandmother's home, and the Mother has no intention to prevent the Father from seeing the Children. The Mother is agreeable to liberal partial physical custody arrangements for the Father, but seeks an Order preventing the Father from taking the Children, without her consent, to the DominJ. can Republic or removing the Children from her primary physical custody. The Mother is unable to reach the Father by telephone but has his former work address in the Dominican Republic as well as an address in Miami, Florida, which the Father provided to her for forwarding his mail. 5. The Conciliator notes that she had been previously informed by Frances Del Duca, Esquire, that Mr. MacNamara had no intention of removing the Children to the Dominican Republic without the Mother's consent. 6. I have attached an Order providing interim custody arrangements pending further Order of the Court after Mr. MacNamara's return to the Cor~nonwealth. 7. As Ms. Del Duca, Esquire, has neither entered an appearance on Mr. MacNamara's behalf nor attended the Conciliation Conference, I am enclosing an additional envelope for service of the Court's Order on the Father at the forwarding address which he has provided in Miami, Florida. F~o~l. Date Dawn S. Sunday, Esqu=re Custody Conciliator SUSAN M. MacNAMARA, : Plaintiff : MARK P. MacNAMARA, : Defendant : PRIOR JUDGE: Judge George E. Hoffer IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 94-6645 CIVIL TERM CIVIL ACTION - CUSTODY 3~ ~ m , 1995, Custody Conference Sun,nary Report, it is 1. The Mother, Susan M. MacNamara, and the Father, Mark P. MacNamara, shall have shared legal custody of Erin Gisela MacNamara, born March 29, 1990, and Markus Rudi MacNamara, born October 28, 1991. 2. The Mother shall have primary physical custody of the minor Children. 3. The Father shall have liberal partial physical custody during periods of time in which he is present in the Commonwealth of Pennsylvania as mutually agreed upon by the parties. 4. The Father shall not remove the Children from the Cor~nonwealth of Pennsylvania or otherwise from the primary physical custody of the Mother without the Mother's written consent. 5. Upon the return of the Father to Cumberland County, Pennsylvania, and in the event the parties are not at that time able to reach an agreement on custody, counsel for the parties may contact the Conciliator to arrange the scheduling of another Custody Conciliation Conference. cc: Bradley L. Griffie, Esquire Frances H. Del Duca, Esquire Mark P. MacNamara SUSAN H. MacNAMARA, Plaintiff vs. MARK P. MacNAMARA, Defendant IN THE COURT OF COMMON pT.~S OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 94-6645 CIVIL TERM IN DIVORCE A~FIDAVIT OF SERVICE I personally served a true and correct copy of a Complaint in Divorce filed in the above captioned action and a true and correct copy of a Petition for Exclusive Possession and resulting Order of Court upon the Defendant by personally handing it to him on December 12, 1994. Sworn .and s~scribed to before me this ~]-% day of I~i%~'~%,~, 1995. "' Notadal Seal Tracy L. Lehman, NotaW Public Carlisie ~ro Cumbe~nd County L MY Commission Expires May 16, 1998 SUSAN M. MacNAMARA, Plaintiff VS · MARK P. MacNAMARA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 94-6645 CIVIL TERM IN DIVORCE ~PFIDAVIT OF~ONS~NT 1. A Complaint in Divorce under Section Divorce Code was filed on November 22, 1994. 2. The marriage of Plaintiff and Defendant is broken and ninety (90) days have elapsed from the filing of the Complaint. 3. I 4. I counseling, spouse and maintains a office, which list is available to me upon request. advised, I decline to request that the Court require spouse and I participate in counseling. 3301(c) of the irretrievably date of the consent to the entry of a final Decree of Divorce. have been advised of the availability of marriage that I may request that the Court require that my I participate in counseling, and that the Court list of marriage counselors in the Prothonotary's Being so that my 5. I understand that I may lose rights concerning alimony, division of property, lawyers' fees or expenses if I do not claim them before a divorce is granted. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa. C.S. 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: SUSAN M. MacNAMARA, Plaintiff SUSAN M. MacNAMA~A, Plaintiff vs · MARK P. MacNAMARA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 94-664§ CIVIL TERM IN DIVORCE /%PFXD&VIT OY 6~ONOBMT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on Nove2~ber 22, 1994. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final Decree of Divorce. 4. I have been advised of the availability of marriage counseling, that I may request that the Court require that my spouse and I participate in counseling, and that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I decline to request that the Court require that my spouse and I participate in counseling. 5. I understand that I may lose rights concerning alimony, division of property, lawyers' fees or expenses if I do not claim them before a divorce is granted. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ~ TRUE AND CORRECT. I UNDEI~STAND THAT FALSE STATEMENTS HEP~IN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa. C.S. 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. MARK P. MacNAMARA, Defendant SUSAN M. MACNAMARA, Plaintiff VS. MARK P. MA(I~AMARA, Defendant IN THE COURT OF' COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA To the Prothonotary: NO. 94-6645 CIVIL PP~%~CIPE TO TRANSMIT RECORD Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Section 3301(c) ~k~ of inapplicable section.) 2. Date and manner of service of the complaint: service bvhand delivery on December 12, 1994 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit required Plaintiff: irretrievable breakdown under the Divorce Code. (Strike out personal of consent by Section 3301(c) of the Divorce Code: by the 3une 3, 1995 ; by Defendant May 23~ 1995 (b) (1) Date of execution of the Plaintiff's affidavit required by Section 3301(d) of the Divorce Code: N/A (2) Date of service of the Plaintiff's upon the Defendant: N/A 4. Related claims pending: None affidavit 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under Section 3301(d)(1)() of the Divorce Code. N/A Bradley L. Griffie~ ~~~r (~iff) SUSAN M. MACNAMARA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : C%~MB~LAND COUNTY, PENNSYLVANIA : vs. : NO. 94~6645 CIVIL MARK P. MACNAMARA, : Defendant : ~R~CZ~ TO %~%~SMIT ~CORD To the Prothonotary: Transmit the record, together with the following information, 1. Ground for divorce: Section 3301(c) ~k~k of inapplicable section.) to the Court for entry of a divorce decree: irretrievable breakdown under the Divorce Code. (Strike out 2. Date and manner of service of the complaint: service byhand delivery on December 12, 1994 3. (Complete either paragraph (a) or (b)-) (a) Date of execution of the affidavit personal of 3301(c) of the Divorce Code: ; by Defendant May 23~ 1995 of execution of the Plaintiff's of the Divorce Code: N/A service of the Plaintiff's Related claims pending: None requi~ed by Section Plaintiff: 3une 3, 1995 (b) (1) Date required by Section 3301(d) (2) Date of upon the Defendant: N/A 4. consent by the affidavit affidavit 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under Section 3301(d) (1) () of the Divorce Code. Bradley L. Griffie, SUSAN M MACNAMARA, Plaintiff MARK P. MACNAMARA, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA ; :No. 94-6645 :CIVIL ACTION-LAW :IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Petition of Contempt/Modification upon Susan M. MacNamara, by depositing same in the United Mail, first class, postage pre-paid on the ~2~/~'~- day of --,/~ ,~. ~'~ , 2001, States from Carlisle, Pennsylvania, addressed as follows: Susan M. MacNamara 312 Northwest Street Carlisle, PA 17013 TURO LAW OFFICES (717) 245-9688 Attorney for Petitioner SUSAN M. MACNAMARA, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v. :No. 94-6645 MARK P. MACNAMARA, Defendant :CIVIL ACTION-LAW :IN CUSTODY NOTICE AND ORDER TO APPEAR Legal proceedings have been brought against you alleging you have willfully disobeyed an Order of Court for custody. If you wish to defend against the claim set forth in the following pages, you may but are not required to file in writing with the Court your defenses or objections. Whether or not you file in writing with the Court your defenses or objections, you must appear in person in court on the day of , 2001 at __.m,, in Courtroom , at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT APPEAR IN PERSON, THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST. if the Court finds that you have willfully failed to comply with its Order for Custody, you may be found to be in contempt of Court and committed to jail, fined or both. FOR THE COURT, By: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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, PA 17013 (717) 249-3166 SUSAN M. MACNAMARA, Plaintiff MARK P. MACNAMARA, Defendant AND NOW, this :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :No. 94-6645 :CIVIL ACTION-LAW :IN CUSTODY ORDER OF COURT day of ,2001, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before , Esq., the Conciliator, at on the day of , 2001, at .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. 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 Disabilities 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, PA 17013 (717) 249-3166 SUSAN M. MACNAMARA, Plaintiff MARK P. MACNAMARA, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :No. 94-6645 : :CIVIL ACTION-LAW :IN CUSTODY PETITION FOR CONTEMPT/MODIFICATION 1. The Petitioner is Mark P. MacNamara defendant in the above-captioned custody matter who is the natural father of Erin Gisela MacNamara born March 29, 1990 and Markus Rudi MacNamara born October 28, 1991. 2. Respondent Susan M. MacNamara is the plaintiff in the above-captioned matter and the natural mother of the children mentioned above. 3. On September 18, 1996, the parties entered a Stipulation which was entered as an Order of Court on that date by the Honorable George E. Hoffer. A copy of the Order and Stipulation is attached hereto. 4. in the Agreement and Stipulation and Order of Court the father was provided with periods of partial custody which were set forth with specificity. 5. The natural mother respondent has failed to abide by the requirements of this Order by refusing to provide the children to the father during his periods of partial custody as set forth in the Court Order. 6. The mother has further failed to follow the Court Order by failing to provide the children to the father for a continuous week of summer visitation during the summer of 2001. 7. The father further requests modification in order to provide more appropriate custody of the children in that he, as the prime custodial parent will be in a better position to propedy provide for the needs and welfare of the children while providing mother with reasonable periods of partial custody and visitation. WHEREFORE, for ail the above reasons the Petitioner, Mark P. MacNamara respectfully requests this Court to hold a hearing and, after hearing, find that the natural mother is in contempt of this Court's Order of September 18, 1996 and to provide appropriate penalties to her including the payment of his attorney's fees and costs and in addition, award petitioner primary physical custody and such periods of partial custody and visitation as would be appropriate for the mother. Respectfully Submitted TURO LAW OFFICES Date Ron Turo, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Petitioner CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Petition of Contempt/Modification upon Susan M. MacNamara, by depositing same in the United States Mail, first class, postage pre-paid on the / day of /(~z../4. 2001, from Carlisle, Pennsylvania, addressed as follows: Susan M, MacNamara 312 Northwest Street Carlisle, PA 17013 TURO LAW OFFICES 28 South Pitt Street Carlisle, PA 17013 (717) 245~9688 Attorney for Petitioner SUSAN M. MACNAMARA PLAINTIFF V. MARK P. MACNAMARA DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 94-6645 CIVIL ACTION LAW IN CUSTODY ORDER OFCOURT AND NOW, Friday, August 31, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, October 03, 2001 at 9:30 a.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. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ]acqueline M. Verney, Esq.~ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FiND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 SUSAN M. MacNAMARA, Plaintiff MARK P. MacNAMARA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94-6645 CIVIL TERM IN CUSTODY CUSTODY STIPULATION AND AGREEMENT THIS AGREEMENT AND STIPULATION entered year hereinafter set forth, by and between Susan M. (hereinafter referred to as "Mother") and Mark P. (hereinafter referred to as "Father"). into the day and MacNamara, MacNamara, WHEREAS, the parties are the natural parents of Erin Gisela MacNamara, born March 29, 1990, and Markus Rudi MacNamara, born October 28, 1991 (hereinafter the "children"); and WHEREAS, the parties are presently separated and living in separate residences; and WHEREAS, the parties wish to enter into an A~reement relative to custody and partial custody of the children; and NOW, THEREFORE, in consideration of the mutual covenants, promises .and agreements as hereinafter set forth, the parties agree as follows: 1. Mother shall have primary physical custody and the parties shall have shared legal custody of the children. 2. Father shall have periods of temporary or partial custody of the children on the following basis: (a) Beginning with the first weekend after entry of this Order, for the period from 6:00 p.m. on Friday evening until 8:00 p.m. on Saturday evening every other weekend for a total period of six weeks; (b) Beginning with the seventh week following the entry of this Order, from Friday evening at 6:00 p.m. until Sunday evening at 8:00 p.m. on an alternating weekend basis; Every Thursday evening from 6:00 p.m. p.m.; and (d) until 9:00 At other times as the parties may agree. 3. Each party shall be entitled to have one continuous week of physical custody of the children for vacation during the summer of 1996 by providing the other party with advance notice by at least May 30th of each year. For the summer of 1997 and all summers thereafter, each party shall be entitled to two one- week periods of uninterrupted physical custody for purposes of summer vacation, with each party notifying the other by no later 30 of each year of their designated weeks of summer Neither party shall remove the children from the of Pennsylvania without prior consent of the other than May vacation. 4. Commonwealth party. 5. The parties will keep each other advised immediately relative to any emergencies concerning the children and shall further take any necessary steps to insure that the health and well being of the children is protected. 6. Neither parent shall do anything which may estrange the children from the other party, or injure the opinion of the children as to the other party, or which may hamper the free and natural development of the children's love or affection for the other party. 7. Any modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and only if executed with the same formality as this Stipulation and Agreement. 8. The parties desire that this stipulation and be made an Order Cumberland County, Co~on Pleas of jurisdiction over Agreement of Court to the Court of Common Pleas of and further acknowledge that the Court of Cumberland County does, in fact, have the issue of custody of the parties' minor children and shall retain such jurisdiction should and either party desire or require modification of change Order. 9. circumstances said IN WITNESS WHEREOF, the parties hereto legally bound by the terms hereof, set forth seals the day and year herein mentioned. intending to be their hands and WITNESS: The parties agree that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other. 10. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. COMMONWEALTH OF PENNSYLVANIA ) ) ss COUNTY OF CUMBERLAND ) On this the J~ day of ~ , 1996, before me, the undersigned officer, personally appeared Susan M. MacNamara, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and seal. official COMMONWEALTH OF PENNSYLVANIA ) ) COUNTY OF CUMBERLAND ) On this the ~ day of me, ~the undersigned officer, ~otarial Seal Leah A. Miller, Notary Public Carlisle I~oro, Cumberland County My Commission Expires April 17, 2000 SS ~6~/~ 1996, before personally appeared Mark P. MacNamara, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL SEAL SHIRLEY P, GLEVENGER, NOTARY Cadllla Borough, Cumberland Country My Gommleslon Expires Ma~h 5, SUSAN M. MacNAMARA, Plaintiff F~%RK P. MacNAFu~RA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94-6645 CIVIL TERM IN CUSTODY attached .Stipulation and Agreement i~hereby made , 1996, the an Order of Court and all prior Orders on this matter are hereby vacated. BY THE COURT, NOV 0 1 2001 SUSAN M. MacNAMARA, Respondent/Plaintiff MARK P. MacNAMARA, Petitioner/Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 1994-6645 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this I~'~ day of ~ ~ ,2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court, dated September 18, 1996, is hereby vacated. 2. The Father, Mark P. MacNamara and the Mother, Susan M. MacNamara, shall have shared legal custody of Erin Gisela MacNamara, bom March 29, 1990 and Markus Rudi MacNamara, born October 28, 1991. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 3. Mother shall have primary physical custody of the children. 4. Father shall have periods of partial physical custody as follows: A. Beginning Saturday, November 3, 2001, alternating weekends, from Saturday at 8:00 a.m. to Sundays at 8:00 p.m. B. Two non-consecutive weeks in the summer. Father shall give Mother notice of his weeks by May 31 of every year. 5. Mother shall have physical custody of the children on Mother's Day; Father shall have physical custody of the children on Father's Day; both from 8:00 a.m. to 8:00 p.m. 6. The Christmas holiday shall be divided into two blocks. Block A shall be from 1:30 p.m. Christmas Eve until 1:30 p.m. Christmas Day and Block B shall be from 1:30 p.m. Christmas Day to 1:30 p.m. December 30. Mother shall always have Block A and Father shall always have Block B. In addition, in odd numbered years, Father shall have physical custody of the children from December 25 at 1:30 p.m. until Jan. 1 at 8:00 p.m. to correspond with his holiday schedule in Paragraph 7. 7. The parties shall alternate the following holidays from 8:00 a.m. to 8:00 p.m.: Thanksgiving, New Year's Day, Memorial Day, July 4, and Labor Day. Mother shall have physical custody of the children on Thanksgiving, 2001. In addition, when the above holidays fall on a Monday that coincides with Father's alternating weekend schedule, Father shall have physical custody of the children overnight on Sunday. 8. The parties shall keep each other advised immediately relative to any medical care or medical emergencies concerning the children and shall further take any necessary steps to ensure that the health and well being of the children is protected. During such illness or medical emergency, both parents shall have the right to visit the child as often as he/she desires consistent with the proper medical care of the child. 9. Neither parent shall do or say anything nor let anyone in the children's presence to say or do anything that may estrange the children from the other parent, injure the opinion of the children as to the other parent or hamper the free and natural development of the children's love and respect for the other parent. 10. Father shall be responsible for all transportation unless otherwise agreed by the parties. Father shall arrive to pick up the children not later than thirty (30) minutes from the designated pickup time, unless he provides prior notice to Mother. 11. The children are not to be removed from the country without consent of both parents. If the custodial parent is taking the children out of state, they must provide the non-custodial parent with a telephone number and address where the children can be reached. 12. Both parties are entitled to liberal telephone contact with the children while in the other parent's custody. 13. The Conciliator does not make a finding of contempt in this matter. 14. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: Robert J. Mulderig, Esquire, Counsel for Father Bradley L. Griffie, Esquire, Counsel for Mother SUSAN M. MaeNAMARA, Respondent/Plaintiff MARK P. MacNAMARA, Petitioner]Defendant NOV IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 1994-6645 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PRIOR JUDGE: George E. Hoffer, P.J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 191 $.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Erin Gisela MacNamara March 29, 1990 Markus Rudi MacNamara October 28, 1991 Mother Mother 2. A Conciliation Conference was held in this matter on October 31,2001, with the fbllowing individuals in attendance: The Father, Mark P. MacNamara, with his counsel, Robert J. Mulderig, Esquire, and the Mother, Susan M. MacNamara, with her counsel, Bradley L. Griffie, Esquire. 3. A prior Order of Court, dated September 18, 1996, entered by the Honorable George E. Hoffer, provided for shared legal custody, with Mother having primary physical custody and Father having alternating weekends, one evening a week, and two non consecutive weeks in the summer. 4. The parties agreed to entry of an Order in the form as attached. Date ey, Esquire Custody Conciliator IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~ PENNA. ...................... P!~iqt.i. ff ............... Versus ........ ~ .l~ .~{_~.'~, ................. Defendant iN()...,9~D:7(tfi~':~ ..... q~t/~,L. ..... 1994 AND NOW, decreed that ,.. Sus..a~..H.:, .~..c.N.~.~r..a ............................. plaintiff, and .. Hark P... MacNar~r~ ...................................... defendant, are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; None DECREE IN. .... J.u.n.e ....... {...'~ ......... 19.9.5. .... it is ordered and SUSAN M. MacNAMARA, Plaintiff/Respondent MARK P. MacNAMARA, Defendant/Petitioner :iN THE COURT OF COMMON PLEAS OF : :CUMBERLAND COUNTY, PENNSYLVANIA : :NO. 94-6645 CIVIL TERM : :CUSTODY PETITION FOR MODIFICATION Defendant/Petitioner, Mark P. MacNAMARA, by and through his counsel, Aaron Neuharth, Esquire, of the Law Offices of LopezNeuharth LLP, states the following: 1. Petitioner is the above-named Defendant, Mark P. MacNamara, hereinafter referred to as Father, who currently resides at 11600 Warner Avenue # 441, Fountain Valley, Orange County, Califomia. 2. Respondent is the above-named Plaintiff, Susan M. MacNamara, hereinafter referred to Mother, who currently resides at 306 North West Street, Cat'lisle, Cumberland County, Pennsylvania. 3. The above-named parties are the natural parents of Erin Gisela MacNamara, bom March 29, 1990 and Markus Rudi MacNamara, October 28, 1991. 4. Mother currently has primary physical custody and shared legal custody of the children. 5. Father currently has partial physical custody and shared legal custody of the children. The current Order of Court allows Father, inter alia, two consecutive weeks in the summers. Father is required to give Mother notice of his weeks by May 2;1 of every year. See attached "Order of Court dated November 1,2001" hereinafter referred to as Exhibit A. 6. Father currently resides in California, so his ability to exercise physical custody of the children is limited to holiday periods and other times when then children are not in school. 7. Father have continuously asked Mother to extend his summertime periods of partial physical custody so that he is able to spend more time with the: children. 8. Mother has flatly and unreasonably refused to expand Father's periods of partial physical custody and goes to extreme lengths to prevent Father from maintaining a meaningful relationship with the children. 9. Father is currently scheduled to exercise his period of partial physical custody of the children from June 30, 2004 to July 14, 2004 in a manner that is prescribed by the November 1, 2001 Order. Father has repeatedly attempted come to an agreement with Mother to have this block of time extended to approximately mid August 2004, but Mother has flatly refused to any extended time for Father. 10. Father believes that the children would greatly benefit from more time with him during the summers and holidays. WHEREFORE, Petitioner respectfully requests that this honorable Court expand his period of partial physical custody during the summer of 2004 to encompass a period of time ranging from June 30, 2004 to August 16, 2004 and a period of seven (7) weeks every summer thereafter. Additionally, Father requests that he have the right to exercise partial physical custody of the children from the day after school ends for Christmas vacation until the day before school starts beginning in 2004 and all even years thereafter. In 2005 and all odd-numbered years thereafter, Father shall have the fight to exercise partial custody of the children from December 26 to the day before school starts after the end of the Christmas vacation. Father requests to have the right to exercise physical custody of the children on Thanksgiving in odd- numbered years beginning on the day that the children get out of school for the Thanksgiving Holiday and ending the day before the children return to school after the holiday. Father requests to have the fight to exercise physical custody of the children on Easter in 2005 and all odd- numbered years thereafter from the day that the children get out of school for the Easter Holiday and ending the day before they return to school after the holiday. Finally, Father respectfully requests that all cost of transportation be equally-shared by the parties. Respectfully submitted, Aarron J. Neuharth, Esq. Attorney for Defe, ndant/Petitioner Law Offices of LopezNeuharth LLP 401 East Louther Street, Suite 101 Carlisle, PA 17013 (717) 258-9991 VERIFICATION I, Aaron Neuharth, Attorney at Law, verify that the statements contained in the above pleading are tree and correct to the best of my knowledge. The information is based upon a conversation with Defendant, Mark P. MacNamara. This verification is made pursuant to Rule 1024 (c)(2) of the Pennsylvania Rules of Court since Defendant is out of Cumberland County and her verification cannot be obtained in a timely manner. I understand that any false statements are made subject to the penalties of 18 Pa.C.S.§4904, relating to unsworn falsification to authorities. Dated: Aaron~Neuharth, Attorney ~P~.~ Law Offices of LopezNeuharth LLP 401 East Louther Street, Suite 101 Carlisle, PA 117013 (717) 258-9991 NOV 0 1 SUSAN M. MacNAMARA, Respondent/Plaintiff MARK P. MacNAMARA, Petitioner/Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 1994-6645 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this I'~' day of ~0 ~'~ ,2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court, dated September 18, 1996, is hereby vacated. 2. The Father, Mark P. MacNamara and the Mother, Susan M. MacNamara, shall have shared legal custody of Erin Gisela MacNam~ra, bom March 29, 1990 and Markus Rudi MacNamara, bom October 28, 1991. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being inc][uding, but not limited to, all decisions regarding their health, education and religion. 3. Mother shall have primary physical custody of the children. 4. Father shall have periods of partial physical custody as follows: A. Beginning Saturday, November 3, 2001, altemating weekends, from Saturday at 8:00 a.m. to Sundays at 8:00 p.m. B. Two non-consecutive weeks in the summer. Father shall give Mother notice of his weeks by May 31 of eve:fy year. 5. Mother shall have physical custody of the children on Mother's Day; Father shall have physical custody of the children on Father's Day; both from 8:00 a.m. to 8:00 p.m. 6. The Christmas holiday shall be divided into two blocks. Block A shall be from 1:30 p.m. Christmas Eve until 1:30 p.m. Christmas Day and Block B shall be from 1:30 p.m. Christmas Day to 1:30 p.m. December 30. Mother shall always have Block A and Father shall always have Block B. In addition, in odd numbered years, Father shall have physical custody of the children from December 25 at 1:30 p.m. until Jan. 1 at 8:00 p.m. to correspond with his holiday schedule in Paragraph 7. 7. The parties shall alternate the following holidays from 8:00 a.m. to 8:00 p.m.: Thanksgiving, New Year's Day, Memorial Day, Jnly 4, and Labor Day. Mother shall have physical custody of the children on Thanksgiving, 2001. In addition, when the above holidays fall on a Monday that coincides with Father's alternating weekend schedule, Father shall have physical custody of the children overnight on Sunday. 8. The parties shall keep each other advised immediately relative to any medical care or medical emergencies concerning the children and shall further take any necessary steps to ensure that the health and well being of the children is protected. During such illness or medical emergency, both parents shall have the right to visit the child as often as he/she desires consistent with the proper medical care of the child. 9. Neither parent shall do or say anything nor let anyone in the children's presence to say or do anything that may estrange the children from the other parent, injure the opinion of the children as to the other parent or hamper the free and natural development of the children's love and respect for the other parent. I 0. Father shall be responsible for all transportation unless otherwise agreed by the parties. Father shall arrive to pick up the children not later than thirty (30) minutes from the designated pickup time, unless he provides prior notice to Mother. 11. The children are not to be removed from the country without consent of both parents. If the custodial parent is taking the children out of state, they must provide the non-custodial parent with a telephone number and address where the children can be reached. 12. Both parties are entitled to liberal telephone contact with the children while in the other parent's custody. 13. The Conciliator does not make a finding of contempt in this matter. 14. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: Robert J. Mulderig, Esquire, Counsel for Father Bradley L. Griffie, Esquire, Counsel for Mother SUSAN M. MacNAMARA, Respondent/Plaintiff MARK P. MacNAMARA, Petitioner/Defendant NOV 0~0~ : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 1994-6645 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY PRIOR JUDGE: George E. Hoffer, P.J. CUSTODY CONCILIATION SUMIVlARY 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 1N CUSTODY OF Erin Gisela MacNamara March 29, 1990 Markus Rudi MacNamara October 28, 1991 Mother Mother 2. A Conciliation Conference was held in this matter on October 31, 2001, with the following individuals in attendance: The Father, Mark P. MacNamara, with his counsel, Robert J. Mulderig, Esquire, and the Mother, Susan M. MacNamara, with her counsel, Bradley L. Griffie, Esquire. 3. A prior Order of Court, dated September 18, 1996, entered by the Honorable George E. Hoffer, provided for shared legal custody, with Mother having primary physical custody and Father having alternating weekends, one evening a week, and two non consecutive weeks in the summer. 4. The parties agreed to entry of an Order in the form as attached. Date te M. y, q ' Custody Conciliator SUSAN M. MACNAMARA PLAINTIFF V. MARK P. MACNAMARA DEFENDANT IN THE COUP,']? OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 94-6645 CIVIL AC'lION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, July 13, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear befbre Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, July 27, 2004 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an eflbrt 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 als() be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Jctcqueline M. Verney, Esq. Custody Conciliator mhc 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 befi~re the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing ur business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE TItlS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN AT']?ORNEY OR CANNOT AEFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL itELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 $,~i'vZCNO~.iiO!:id Elql JO SEP 0 9 2004 SUSAN M. MacNAMARA, Plaintiff V. MARK P. MacNAMARA, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 1994-6645 CIVIL TERM : : IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: l. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Erin Gisela MacNamara Marcus Rudi MacNamara March 29, 1990 October 28, 1991 Mother Mother 2. A Conciliation Conference was held September 9, 2004 with the following individuals in attendance: The Mother, Susan M. MacNamara, with her counsel, Bradley L. Griffie, Esquire, and Father's counsel, Aaron Neuharth, Esquire. Father was unavailable due to prior travel plans. 3. The Honorable Edward E. Guido entered an Order of Court dated November 1, 2001 providing for shared legal custody, Mother having primary physical custody and Father having alternating weekends, holidays and two non-consecutive weeks in the summer. Two weeks after the November 1, 2001 Order of Court was entered, Father relocated to California. Since that time Father has not exercised his alternating weekends, but has recently enjoyed a period of time at Christmas and two consecutive weeks in the summer. Father filed a Petition to Modify seeking more time in the summer, Christmas and Easter. Father is in the process of relocating to Florida. 4. Father's position on custody is as follows: Father seeks shared legai and partial physical custody. Father requests seven consecutive weeks in the summer, an extended period of time over the Christmas and Easter holidays. Father believes that Mother is interfering with his relationship with his children. 5. Mother's position on custody is as follows: Mother seeks shared legal custody and primary physical custody with Father having less time with the children than the current Order provides. Mother intends to file a Petition to Modify and ask that it be joined with this Petition for hearing. Mother asserts that Father is unstable mentally and emotionally and that the children do not want to spend any extended periods of time with him. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and continuing the prior Order of Court. It is expected that the Hearing will require one day. 5. Mother's position on custody is as follows: Mother seeks shared legal custody and primary physical custody with Father having less time with the children than the current Order provides. Mother intends to file a Petition to Modify and ask that it be joined with this Petition for hearing. Mother asserts that Father is unstable mentally and emotionally and that the children do not want to spend any extended periods of time with him. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and continuing the prior Order of Court. It is expected that the Hearing will require one day. Date (4/acqt~line M. Vemey, Esquire Custody Conciliator SUSAN M. MacNAMARA, Plaintiff V. MARK P, MacNAMARA Defendant SEP 0 9 2004~' : IN THE COURT OF COMMON PLEAS OF · . CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION ~ LAW : : NO. 1994-6645 CIVIL TERM : : IN CUSTODY ORDER OF COURT AND NOW, this/_ day of,.( 2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1 A Hearing is scheduled in Court Rom No. ~- , of the Cumberland County 6ourt House, on the ~,~day oft0C~O~ ~ ,2004, at ~ , o'clock, ~ . M., at which time testimony will be taken. For purposes of this Hearin~ the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be flied at least ten days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Order of Court dated November 1, 2001 shall remain in full force and effect. 3. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. Edward E. Guido, aron Neuharth, Esquire, counsel for Father adley L. Griffie, Esquire, counsel for Mother SUSAN M. MacNAMARA, Plaintiff MARK P. MacNAMARA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 1994-6645 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this 29th day of October, 2004, the Defendant having failed to appear, his motion for modification is dismissed. Mother's motion for modification is granted in part. The Order of November 1, 2001, shall remain in full force and effect with the proviso that father must give at least 30 days written notice of his intention to exercise periods of partial custody thereunder. By the Court, Edward E. Guido, J. radley L. Griffie, Esquire For the Plaintiff ~FoarOn Neuharth, Esquire r the Defendant srs I1-01'07