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1;elsY (-'0';"1 'Defendant
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
:CIVX ACTION LAW
:NO. ervrr. ,e
:CUSTODY/VISITATION
ORDER OF COIIRT
M•tr. iv, m9.5-
AND NOW, this (date) , upon consideration of the
attached complaint, it is hereby directed that the arties and
their respective counsel appear before f?u?•. 7 S, .?140,
14 r k
the conciliator, at --S 'I to Me, S? iC-c kc," 4 1 '
on the day of , 19 J ; at
M., for a Prehearing Custody Conference. At such conference;
an effort will be made to resolve the issues in dispute; or if
this cannot be accomplished, to define and narrow the issues to be
heard -by the court, and to enter into a temporary order. Either
party may bring the child who is the subject of this custody
action to the conference, but the child/children's attendance is
not mandatory. Failure to appear at the conference may provide
grounds for entry of a temporary or permanent order.
FOR THE COURT:
By: .o N 5.
Custody Conciliator ?,pj
YOU SHOULD TARE 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
COURTHOUSE, FOURTH FLOOR
CARLISLE PA 17013
(717)240-6200 ?/ip
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MAR 13 1. lry 5
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NIP 49
MATTHEW C. LOSCH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
: IN CUSTODY
BETSY FRANKLIN,
Defendant
NO. 95-//U CIVIL TERM
ORDER OF COURT
You, Betsy Franklin, defendant, have been sued in court to obtain partial custody of the
child: Kyle Christian Franklin.
You are ordered to appear in person at Cumberland County Courthouse, Carlisle, PA,
Room , on , at M., for
() a conciliation or mediation conference.
() a pretrial conference.
() a hearing before the court.
If you fail to appear as provided by this order, an order for custody, partial custody or
visitation may be entered against you or the court may issue a warrant for your arrest.
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
717/240-6200
AMERICANS WITH DISABILITIES ACT OF 1990
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 THE COURT:
Date
MATTHEW C. LOSCH,
Plaintiff
V.
BETSY FRANKLIN,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: IN CUSTODY
: NO. 95- CIVIL TERM
AND NOW, the Plaintiff, Matthew C. Loush, by his attorneys, the Family Law Clinic,
sets forth the following cause of action:
1. The Plaintiff is Matthew C. Losch, residing at 60 Acomo Drive, Dillsburg, York
County, Pennsylvania 17019.
2. The Defendant is Betsy Franklin, residing at 654 North Hanover Street, Carlisle,
Cumberland County, Pennsylvania 17013.
3. The Plaintiff seeks joint legal and partial physical custody of the following child.
&W Present Residence An
Kyle Christian Franklin 654 North Hanover St. 3 months
Carlisle, PA 17013 D.O.& 102594
The child was bom out of wedlock.
The child is presently in the custody of Betsy Franklin, who resides at 654 North
Hanover Street, Carlisle, Pennsylvania 17013.
During the past five years, the child has resided with the following pedsons and at the
following addresses:
Addresses Persons Dates
Linwood & Joanne Franklin 654 North Hanover Stmt 10/25/94-Present
and Betsy Franklin Carlisle, PA 17013
The mother of the child is Betsy Franklin, currently residing at 654 North Hanover
Street, Carlisle, Cumberland County, Pennsylvania 17013.
She is single.
The father of the child is Matthew C. Losch, currently residing at 60 Acomo Drive,
Dillsburg, York County, Pennsylvania.
He is single.
4. The relationship of the Plaintiff to the child is that of father. The Plaintiff resides
with the following persons:
Charles A. and Sharon G. Losch Parents
5. The relationship of Defendant to the child is that of mother. The Defendant currently
resides with the following persons:
NMI
Linwood and Joanne Franklin Parents
Kyle Christian Franklin Son
6. The Plaintiff has not participated as a party or witness, or in another capacity, in
other litigation concerning the custody of the child in this or another court.
Plaintiff has no information of a custody proceeding concerning the child pending in a
court of this Commonwealth.
Plaintiff does not know of a person not a party to the proceedings who has physical
custody of the child or claims to have custody or visitation rights with respect to the child.
7. The best interest and permanent welfare of the child will be served by granting the
relief requested because the child should be permitted to develop a relationship with his father,
the Plaintiff, through regular periods of partial custody and joint legal custody. The mother of
the child, the Defendant, has not allowed the Plaintiff to visit with the child since December 24,
1994.
8. Each parent whose parental rights to the child have not been terminated and the
person who has physical custody of the child have been named as parties to this action.
WHEREFORE, Plaintiff requests the court to grant him joint legal and partial physical
custody of the child.
Datexw ??/ ?`ry5
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CARMEN L. VERA
Student Attorney
THOMAS M. PLACE
ROBERT E. RAINS
LINDA E. FISHER
Supervising Attorney
THOMAS L. PEELER
Staff Attorney
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
717/240-5204
COMMONWEALTH OF PENNSYLVANIA :
COUNTY OF CUMBERLAND: SS.
I verify that the statements made in this Complaint for Partial Custody are true and
correct to the best of my personal knowledge and belief. I understand that false statements
herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn
falsification authorities.
MATTHEW C. LOSCH
Date ^,x ?
MAR 9 1995
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MATTHEW C. LOSCH, :IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
V. :CIVIL ACTION - LAW IN
CUSTODY
BETSY FRANKLIN, i / 23 CIVIL TERM
Defendant :NO. 95-
AND NOW, this day of , 1995, after review of the attached petition in the
above captioned case, we order that the Respondent, Betsy Franklin, make available the
child, Kyle Christian Franklin, at her home every Saturday at 9:00 A.M. to be picked up by
Petitioner, Matthew C. Losch, for periods of partial custody to last until 4:00 P.M., at which
time he shall return the child to her, with transportation to be provided by one of Mr.
Losch's parents. This order shall remain in effect until further order of court.
By The Court:
J.
MATTHEW C. LOSCH, :IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
V. :CIVIL ACTION - LAW IN CUSTODY
BETSY FRANKLIN,
Respondent :NO. 95- /I qJ CIVIL TERM
Petitioner, Matthew C. Losch, by and through his attorneys, the Family Law Clinic,
pursuant to Pa.R.C.P. 1915.13, petitions for special relief to obtain temporary partial
custody of the parties' child, Kyle Christian Franklin, and avers in support thereof as
follows:
1. Petitioner is Matthew C. Losch, residing at 60 Acomo Drive, Dillsburg, York
County, Pennsylvania 17019, the Plaintiff in this action.
2. Respondent is Betsy Franklin, residing at 654 North Hanover Street, Carlisle,
Cumberland County, Pennsylvania 17013, the Defendant in this action.
3. The parties have never been married.
4. The parties are the natural parents of one child, Kyle Christian Franklin, born out
of wedlock on October 25, 1994.
5. Kyle resides with the Respondent, Betsy Franklin.
6. Mr. Losch visited the mother and Kyle in Carlisle Hospital when the child was
born, and he acknowledged paternity of Kyle in Carlisle Hospital at that time.
7. During November 1994, Mr. Losch visited Kyle twice in Ms. Franklin's home for
about two hours each time.
8. Mr. Losch and Kyle spent time together in Mr. Losch's home on three
consecutive Saturdays in December 1994, from approximately 10:00 A.M. to 7:00 P.M.
Mr. Losch fed and cared for Kyle during these visits to his home.
9. In late December 1994, the parties had verbal arguments over the phone
concerning child support and visitation. As a result, Ms. Franklin has wrongfully refused to
allow Mr. Losch visitation or partial custody with Kyle since December 24, 1994.
10. Mr. Losch has been unable to see the child despite several attempts to visit, to
the detriment of his rights as father and Kyle's best interests.
WHEREFORE, Petitioner, Mr. Losch, prays that the court enter an order pursuant to
Pa.R.C.P. 1915.13 directing the Respondent, Betsy Franklin, to make the child, Kyle
Christian Franklin, available at her home every Saturday at 9:00 A.M. to be picked up by
Petitioner, Matthew C. Losch, for periods of partial custody to last until 4:00 P.M., at which
time he shall return the child to her, with transportation to be provided by one of Mr.
Losch's parents, this order to remain in effect until further order of court.
DATE 17161VZ4 a/ I q 15'
LkARMEN L. RI ERA
Student Attorney
?t?xn
THOMAS M. PLACE
ROBERT E. RAINS
LINDA E. FISHER
Supervising Attorney
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
717/240-5204
COMMONWEALTH OF PENNSYLVANIA :
COUNTY OF CUMBERLAND: SS.
I verify that the statements made in this Petition for Special Relief Pursuant to Pa.R.C.P.
1915.13 are true and correct to the best of my personal knowledge and belief. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating
to unworn falsification authorities.
Date A., l ??s Rte
MATTHEW C. LOSCH
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MATTHEW C. LOSCH, :IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
V. :CIVIL ACTION - LAW IN
CUSTODY
BETSY FRANKLIN,
Defendant :NO. 95- 111-3 CIVIL TERM
AND NOW, this day of , 1995, after review of the attached petition in the
above captioned case, we order that the Respondent, Betsy Franklin, make available the
child, Kyle Christian Franklin, at her home every Saturday at 9:00 A.M. to be picked up by
Petitioner, Matthew C. Losch, for periods of partial custody to last until 4:00 P.M., at which
time he shall return the child to her, with transportation to be provided by one of Mr.
Losch's parents. This order shall remain in effect until further order of court.
j . (,
By The Court:
J.
MATTHEW C. LOSCH, :IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
V. :CIVIL ACTION - LAW IN CUSTODY
BETSY FRANKLIN,
Respondent :NO. 95- //`J CIVIL TERM
Petitioner, Matthew C. Losch, by and through his attorneys, the Family Law Clinic,
pursuant to Pa.R.C.P. 1915.13, petitions for special relief to obtain temporary partial
custody of the parties' child, Kyle Christian Franklin, and avers in support thereof as
follows:
1. Petitioner is Matthew C. Losch, residing at 60 Acomo Drive, Dillsburg, York
County, Pennsylvania 17019, the Plaintiff in this action.
2. Respondent is Betsy Franklin, residing at 654 North Hanover Street, Carlisle,
Cumberland County, Pennsylvania 17013, the Defendant in this action.
3. The parties have never been married.
4. The parties are the natural parents of one child, Kyle Christian Franklin, born out
of wedlock on October 25, 1994.
5. Kyle resides with the Respondent, Betsy Franklin.
6. Mr. Losch visited the mother and Kyle in Carlisle Hospital when the child was
born, and he acknowledged paternity of Kyle in Carlisle Hospital at that time.
7. During November 1994, Mr. Losch visited Kyle twice in Ms. Franklin's home for
about two hours each time.
8. Mr. Losch and Kyle spent time together in Mr. Losch's home on three
consecutive Saturdays in December 1994, from approximately 10:00 A.M. to 7:00 P.M.
Mr. Losch fed and cared for Kyle during these visits to his home.
9. In late December 1994, the parties had verbal arguments over the phone
concerning child support and visitation. As a result, Ms. Franklin has wrongfully refused to
allow Mr. Losch visitation or partial custody with Kyle since December 24, 1994.
10. Mr. Losch has been unable to see the child despite several attempts to visit, to
the detriment of his rights as father and Kyle's best interests.
WHEREFORE, Petitioner, Mr. Losch, prays that the court enter an order pursuant to
Pa.R.C.P. 1915.13 directing the Respondent, Betsy Franklin, to make the child, Kyle
Christian Franklin, available at her home every Saturday at 9:00 A.M. to be picked up by
Petitioner, Matthew C. Losch, for periods of partial custody to last until 4:00 P.M., at which
time he shall return the child to her, with transportation to be provided by one of Mr.
Losch's parents, this order to remain in effect until further order of court.
DATE NOrC-N -A, 1915'
7
/,'
C%ARMEN L. RI ERA
Student Attorney
THOMAS M. PLACE
ROBERT E. RAINS
LINDA E. FISHER
Supervising Attorney
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
717/240-5204
COMMONWEALTH OF PENNSYLVANIA :
COUNTY OF CUMBERLAND: SS.
I verify that the statements made in this Petition for Special Relief Pursuant to Pa.R.C.P.
1915.13 are true and correct to the best of my personal knowledge and belief. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating
to unswom falsification authorities.
Date
MATTHEW C. LOSCH
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MATTHEW C. LOSCH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
: IN CUSTODY
BETSY FRANKLIN,
Defendant : NO. 95-1193 CIVIL TERM
I, Sharon O. Losch, hereby certify that I am a competent adult who is not a party to
these proceedings and that I served a true and correct copy of the Custody Complaint on the
defendant Betsy Franklin, by hand delivering a copy of the same to Betsy Franklin at
&S4 At. 1PPvv¢r Sl (Arles /E Fk ,at3.:3uam/&on 3 -aa 01995.
[ADDRESS] [TIME] [DATE]
I verify that the statements made in this Return of Service are true and correct to the best
of my personal knowledge and belief. I understand that false statements herein are made subject
to the penalties of 18 Pa.C.S. ¢4904, relating to unswom falsification to authorities.
Date: J
Sharo,,?/n1? O. Losch
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Address
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MATTHEW C. LOSCH,
Plaintiff
V.
BETSY FRANKLIN,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: IN PARTIAL CUSTODY
: NO. 95-1193 CIVIL TERM
I, Carmen L. Rivera, Certified Legal Intern, Family Law Clinic, hereby certify that I
have served a true and correct copy of said Custody Complaint on Betsy Franklin, residing at
654 North Hanover Street, Carlisle, PA 17013 by depositing a copy of the same in the United
States mail, certified, restricted delivery, return receipt requested, postage prepaid, this
day of 20th day of March, 1995.
Z 32L 761 406
Receipt for
Certified Mail
No Insurance Coverage Provided
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(See Reverse)
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MS. BETSY FRANKLIN
liS`4'N. HANOVER STREET
IL1A171` f' Li7 PA 17013
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MATTHEW C. LOSCH,
Plaintiff
Vs.
BETSY FRANKLIN,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 95-1193 CIVIL TERM
CUSTODY/VISITATION
ORDER OF COURT
AND NOW, this ` 7 day of , 1995, upon
consideration of the attached Custody Concil'at on Report, it is hereby
ordered and directed as follows:
1. The Father, Matthew C. Losch, and the Mother, Betsy Franklin,
shall have shared legal custody of Kyle Christian Franklin, born October
25, 1994.
2. The Mother shall have primary physical custody of the Child.
3. The Father shall have partial physical custody of the Child on
alternating Saturdays beginning April 8, 1995, from 9:00 a.m. until 5:00
p.m.. Beginning June 3, 1995, the Father shall have partial physical
custody of the Child on alternating weekends from Saturday at 9:00 a.m.
until Sunday at 5:00 p.m. unless the weekend custody schedule is modified
by Order of this Court resulting from a second Custody Conciliation
Conference to be held in this matter on May 25, 1995 at 10:00 a.m. in the
office of Dawn S. Sunday, Custody Conciliator.
4. The parties shall have physical custody of the Child on an
alternating basis on the following holidays and times:
(a) Easter Sunday: 9:00 a.m. to 5:00 p.m.
(b) Memorial Day: 9:00 a.m. to 5:00 p.m.
(c) 4th of July: 9:00 a.m. to 5:00 p.m.
(d) Labor Day: 9:00 a.m. to 5:00 p.m.
(e) Thanksgiving Day: 9:00 a.m. to 5:00 p.m.
(f) Christmas Eve: 12:00 noon on December 24 to 12:00 noon on
December 25.
(g) Christmas Day: 12:00 noon on December 25 to 5:00 p.m. on
December 26.
In 1995, the Father shall have physical custody of the Child according to
the above schedule on Easter, 4th of July, Thanksgiving and Christmas
Day. In 1995, the Mother shall have physical custody of the Child
according to the above schedule on Memorial Day, Labor Day and
Christmas Eve. The holidays shall alternate annually
thereafter.
5. The mother shall have physical custody of the Child on every
Mother's Day from 9:00 a.m. to 5:00 p.m. and the Father shall have physical
custody of the Child on every Father's Day from 9:00 a.m. to 5:00 p.m.
6. The non-custodial parent shall have physical custody of the Child
on his birthday from 4:00 p.m. to 8:00 p.m.
7. The parties may arrange for additional periods of partial physical
custody or modify the foregoing custody schedule by mutual agreement. In
the absence of the mutual agreement of the parties, the custody schedule
set forth in this order shall control.
8. The Father shall provide all transportation for exchange of
custody of the Child and the Father shall be present during all periods of
transportation. A/
BY THE COURT,
cc: Robert E. Rains, Esq.
Carmen L. Rivera
Wayne Shade, Esq.
Gee 10 6; 2? ,1l'i 195
MATTHEW C. LOSCH, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
BETSY FRANKLIN, NO. 95-1193 CIVIL TERM
Defendant CUSTODY/VISITATION
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COCNPY RULE OF CIVIL PROCEDEME
1915.3-Be the undersigned Custody Conciliator submits the following report:
1. The pertinent information pertaining to the Child who is the
subject of this litigation is as follows:
NAME BIRTHDATE CURRENTLY IN CUSTODY OF
Kyle Christian Franklin October 25, 1994 Mother/Defendant
2. A Conciliation Conference was held on April 5, 1995, with the
following individuals in attendance:. The Father, Matthew C. Losch, with
his counsel, Robert E. Rains, Esquire and Carmen L. Rivera, student
attorney, and the Mother, Betsy Franklin, with her counsel, Wayne Shade,
Esquire.
3. The parties agree to the entry of an Order in the form as
attached.
4//3/95--
Date
Dawn S. Sunday
Custody Conciliator
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JUN - 5 1995
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MATTHEW C. LOSCH,
Plaintiff
Va.
BETSY FRANKLIN,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 95-1193 CIVIL TERM
CUSTODY/VISITATION
r
AND NOW, this 30th day of May, 1995, the Conciliator being
advised that the parties have resolved the outstanding Custody issues by
agreement and no longer require the second Custody Conciliation scheduled
for May 25, 1995, the Conciliator hereby relinquishes jurisdiction of this
case.
Dawn S. Sunday, Esquire
Custody Conciliator
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MATTHEW C. LOSCH, : IN THE COURT OF COMMON PLEAS
Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
V. NO: -N-1193
BETSY FRANKLIN, CIVIL ACTION -LAW
Respondent IN CUSTODY
PETITION TO MODIFY CUSTODY
1. Petitioner is Matthew C. Losch, who resides at 109 Third Street, Boiling Springs,
Pennsylvania 17007.
2. Respondent is Betsy (Franklin) Hurley, who resides at 520'12 Chestnut Street, Mt. Holly
Springs, Pennsylvania 17065.
3. On April 17, 1995, the Honorable J. Wesley Oler entered a Custody Order attached as
Exhibit "A".
4. Since the entry of said Order, there has been a significant change in circumstances in that:
a) The Child has been primarily residing with Petitioner since January, 2007.
5. The best interest of the child will be served by the Court modifying said Order.
WHEREFORE, Petitioner prays this Court to grant the modification of the Custody
Order of April 17, 2005, as follows: Petitioner is granted primary physical custody of the child
with Mother having periods of partial physical custody.
Pate: /
Respectfully submitted,
Rominger & Associates
arl E. Rominger, Esquire
155 South Hanover Street
Carlisle, PA 17013
(717) 241-6070
Supreme Court ID # 81924
Attorney for Petitioner
MATTHEW C. LOSCH, : IN THE COURT OF COMMON PLEAS
Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
ot?
V. NO: 45-1193
BETSY FRANKLIN, CIVIL ACTION - LAW
Respondent : IN CUSTODY
VERIFICATION
I verify that I am the petitioner and that the statements made in the foregoing Petition are true
and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S.
§ 4904, relating to unsworn falsification to authorities.
Date: /-4'a -o
Matthew C. Losch
MATTHEW C. L0SMo "- :
Plaintiff :
vs.
BETSY FRANKLIN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COLWY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 95-1193 CIVIL TERM
CUSTODY/VISITATION
ORm OF ART
AND NON, this 11 day of , 1995, upon
consideration of the attached custody Concil ton Report, it is hereby
ordered and directed as follows:
1. The Father, Matthew C. Losch, and the Mother, Betsy Franklin,
shall have shared legal custody of Kyle Christian Franklin, born October
25, 1994.
2. The Mother shall have primary physical custody of the Child.
3. The Father shall have partial physical custody of the Child on
alternating Saturdays beginning April 8, 1995, from 9:00 a.m. until 5:00
p.m.. Beginning June 3, 1995, the Father shall have partial physical
custody of the Child on alternating weekends from Saturday at 9:00 a.m.
until Sunday at 5:00 p.m. unless the weekend custody schedule is modified
by Order of this Court resulting from a second Custody Conciliation
Conference to be held in this matter on May 25, 1995 at 20:00 a.m. in the
office of Dawn S. Sunday, Custody Conciliator.
4. The parties shall have physical custody of the Child on an
alternating basis on the following holidays and times:
(a) Easter Sunday: 9:00 a.m. to 5:00 p.m.
(b) Memorial Day: 9:00 a.m. to 5:00 p.m.
(c) 4th of July: 9:00 a.m. to 5:00 p.m.
(d) Labor Day: 9:00 a.m. to 5:00 p.m.
(e) Thanksgiving Day: 9:00 a.m. to 5:00 p.m.
(f) Christmas Eve: 12:00 noon on December 24 to 12:00 noon on
December 25.
(g) Christmas Day: 12:00 noon on December 25 to 5:00 p.m. on
December 26.
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In 1995, the rather shall have physical custody of the Child according to
the abov e schedule on Easter, 4th of July, Thanksgiving and Christmas
Day. In 1995, the Mother shall have physical custody of the Child
according to the above schedule on Memorial Day, Labor Day and
Christmas eve. The holidays shall alternate annually
thereafte r.
5. The Mother shall have physical custody of the Child on every
Mother's Day from 9:00 a.m. to 5:00 p.m. and the Father shall have physical
custody of the Child an every Father's Day from 9:00 a.m. to 5:00 p.m.
6. The non-custodial parent shall have physical custody of the Gild
on his birthday from 4:00 p.m. to 8:00 p.m.
7. The parties may arrange for additional periods of partial physical
custody or modify the foregoing custody schedule by mutual agreement. In
the absence of the mutual agreement of the parties, the custody schedule
set forth in this Order shall control.
8. The Father shall provide all transportation for exchange of
custody of the Child and the Father shall be present duping all periods of
transportation. )7
BY THE COURT,
cc: Robert E. Rains, Esq.
Carmen L. Rivera P
Wayne Shade, Esq.
MATTHEW C. LOSCH, : IN THE COURT OF COMMON PLEAS
Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO: 05-1193
BETSY FRANKLIN, CIVIL ACTION -LAW
Respondent : IN CUSTODY
CERTIFICATE OF SERVICE
I, Karl E. Rominger, Esquire, hereby certify that I this day served a copy of the within Petition
to Modify Custody upon the folliwng by depositing the same in the United State Mail postage
prepaid, certified with return receipt, and first class mail, addressed as follows:
Betsy (Franklin) Hurley
5201/2. Chestnut Street
Mt. Holly Springs, Pennsylvania 17065
Date:
Respectfully submitted,
Rominger & Associates
Karl E. Rominger, Esquire
155 South Hanover Street
Carlisle, PA 17013
(717) 241-6070
Supreme Court ID # 81924
Attorney for Petitioner
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MATTHEW C. LOSCH IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
BETSY FRANKLIN
DEFENDANT
1995-1193 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Friday, January 25, 2008 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator,
at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, February 20, 2008 _ at 10:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT.
By: /s/ Dawn S. Sunda Es q. 10
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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FEB 8 B 2008
MATTHEW C. LOSCH IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. 1995-1193 CIVIL ACTION LAW
BETSY FRANKLIN
Defendant IN CUSTODY
ORDER OF COURT
AND NOW, this day of F C L 2008, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
1. The parties shall make arrangements for the Child to participate in counseling with Sally
Rooney, or other professional selected by agreement between the parties. The purpose of the
counseling shall be to provide the Child with a neutral third party to address issues which have arisen
with regard to the family situation and with regard to the Child's conduct at school. The Father shall
check his insurance coverage and provide the relevant information to the Mother promptly. The
Mother shall contact Sally Rooney's office within seven (7) days of the custody conciliation
conference to schedule the Child's initial session. The parties shall follow the counselor's
recommendations with regard to- their participation in the counseling process for the Child. All costs
of counseling under this provision which are not covered by insurance shall be shared equally between
the parties.
2. The parties shall engage in a course of co-parenting counseling with a professional to be
selected by agreement between the parties. The purpose of the counseling shall be to assist the parties
in establishing sufficient communication and cooperation to enable them to effectively co-parent the
Child. The Father shall make the initial contact with Franco and Associates to obtain information with
regard to co-parenting counseling and the Mother shall contact the Stevens Center with regard to
counseling information. Within seven (7) days of the date of this Order, the parties shall select a co-
parenting counselor and contact the counselor's office to make the first appointment. All costs of the
co-parenting counseling which are not covered by insurance shall be shared equally between the
parties.
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3. Counsel for either parry may contact the conciliator within six (6) months of the date of this
Order to schedule an additional custody conciliation conference, if necessary.
cc: ZKarl E. Rominger, Esquire - Counsel for Mother
Gregory S. Hazlett, Esquire - Counsel for Mother
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BY THE COURT,
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MATTHEW C. LOSCH
Plaintiff
VS.
BETSY FRANKLIN
Defendant
Prior Judge: J. Wesley Oler, Jr.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
1995-1193 CIVIL ACTION LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject of this litigation is as
follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Kyle Christian Franklin October 25, 1994 Mother
2. A custody conciliation conference was held on February 20, 2008, with the following
individuals in attendance: the Father, Matthew C. Losch, with his counsel, Vincent Monfredo, Esquire,
and the Mother, Betsy Franklin, with her counsel, Gregory S. Hazlett, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
v
Date Dawn S. Sunday, Esquire
Custody Conciliator
MATTHEW C. LOSCH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
CIVIL ACTION - LAW
BETSY FRANKLIN, No. 1995-1193 CIVIL
Defendant IN CUSTODY
STIPULATION AGREEMENT AS TO CUSTODY
The plaintiff, Matthew C. Losch, hereinafter referenced as "Father," and Defendant, Betsy
hereinafter referenced as "Mother," hereby agree to the entry of the following terms in a Court
Order defining custody and partial custody rights and responsibilities in relation to the parties' minor
child, Kyle Christian Franklin, born October 25, 1994, hereinafter referenced as "Child":
The parties hereto agree that the best interest and continuing welfare of the Child would be best
served with the custody arrangement as follows:
(a) Mother and Father will share legal custody of Child as defined in 23 Pa. C. S.A. §5302. All
decisions affecting the Child's growth and development, including but not limited to medical
treatment, education, and religious training, are major decisions which Mother and Father
shall make jointly after discussion and consultation with each other.
(b) As provided 23 Pa. C.S.A. §5309(a), each parent shall have full and complete access to the
Child's mental, dental, religious and school records. This includes the names, addresses and
telephone numbers of all medical and other providers.
(c) Father shall have primary physical custody of the Child.
(d) Mother shall have visitation as agreed upon by the parties.
2. The parties shall keep each other advised immediately relative to any emergencies concerning the
Child and shall further take any necessary steps to ensure that the health, welfare and well being
of the Child are protected. The parties shall do nothing that may estrange the Child from the
other party or hinder the natural development of the Child's love or affection for the other party.
3. Mother shall be responsible for all transportation of the minor child.
4. Mother shall make sure the child attends any sporting events or other activities the child is
enrolled in when the child is in her custody.
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8.
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Each parry shall not make any disparaging remarks or allow others to make any disparaging
remarks concerning the Child's parents in front of the Child.
Any modification or waiver of any of the provisions of the agreement of the parties shall be
effective only if made in writing and only if executed with the same formality of the agreement of
the parties.
All other provisions of the Order of Court of February 27, 2009, and Order of Court of April 17,
1995, not modified by the terms of this Stipulation shall remain in full force and effect.
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.
Both parties agree that the terms of this agreement have been fully explained to them by their
respective counsel or that both parties have had the opportunity to have legal counsel review and
fully explain the terms of this agreement. Father is represented by Karl E. Rominger, Esquire of
Rominger & Associates Law Office.
The parties hereto agree that this agreement shall be recorded and incorporated into an Order
enforceable by the Court.
11. Consented to:
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Ma . Losch ,
Rominger, Esquire
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Witness for Betsy FriOdm'
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FILE O"r*iCE
OF THE F D ' ? NOTARY-
2009 SEP 10 AM If: 31
U"jUNTY
IDENI §yCVAI
MATTHEW C. LOSCH,
Plaintiff
V.
BETSY FRANKLIN,
Defendant
SEP ? ? 2009
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
No. 1995-1193 CIVIL
IN CUSTODY
} ORDER OF COURT
AND NOW, this day of 2009, based on the Stipulation of the
parties, the Court hereby Orders as follows:
1. Plaintiff (hereinafter Mother) and Defendant (hereinafter Father) shall have shared legal
custody of their minor child, Kyle Christian Franklin, born October 25, 1994.
2. Father shall have primary physical custody of the child subject to Mother's periods of
visitation as agreed upon by the parties.
3. Mother shall be responsible for all transportation of the minor child.
4. Mother shall make sure the child attends any sporting events or other activities the child is
enrolled in when the child is in her custody.
5. All other provisions of the Order of Court of February 27, 2009, and Order of Court of April
17, 1995, not modified by the terms of this Stipulation shall remain in full force and effect.
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Distribution:
? Karl E. Rominger, Esquire
,----Betsy
520 'h Chestnut Street
Mt. Holly Springs, Pennsylvania
14 19 ?Tf soiie,
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2009 SEP IS Ail 11: 2 : 4