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HomeMy WebLinkAbout02-4469 RODNEY 1. LEATHERY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2002- zt...,ro'i CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY MARIL YN LEATHERY, Defendant COMPLAINT FOR CUSTODY I. Plaintiff is Rodney 1. Leathery, an adult individual currently residing at 648 Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Marilyn Leathery, an adult individual currently residing at an undisclosed address in Carlisle, Cumberland County, Pennsylvania 17013. 3. The Plaintiff is the natural Father of the following children: (a) Ferris Natalia Leathery, born September 7, 1989, age 13 years (b) Melissa Eran Leathery, born September IS, 1992, age 10 years (c) Arran Rodney Leathery, born September 21, 1994, age 7 years 4. The children were born in wedlock. 5. For the past five years, the children have resided with the following persons at the following addresses for the following lengths of time: NAMF Marilyn Leathery ADDRFSS Undisclosed Carlisle, P A DATFS August 2002 to present Rodney Leathery Marilyn Leathery 648 Alexander Spring Road Carlisle, P A August 2001 to August 2002 NAMF Rodney Leathery AnnRFSS 800 Linda Drive Mary Esther, FL nATFS March 200 I to August 200 I Rodney Leathery Marilyn Leathery 800 Linda Drive Mary Esther, FL January 1999 to March 200 I Rodney Leathery Germany October 1998 to January 1999 Rodney Leathery Marilyn Leathery Germany September 1997 to October 1998 6. The natural Father of the children is the Plaintiff, who resides as foresaid. He is married. 7. The natural Mother of the children is the Defendant, who resides as fore said. She is married. 8. The relationship of the Plaintiff to the children is that of natural Father. The Plaintiff currently resides with alone. 9. The relationship of the Defendant to the children is that of natural Mother. The Defendant currently resides with the children. 10. The Plaintiff has no information of a custody proceeding concerning the children pending in any Court of this Commonwealth. II. The 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, the Plaintiff, Rodney 1. Leathery, respectfully requests this Honorable Court to enter an Order scheduling the Parties for a Custody Conciliation. Respectfully submitted, ~ {'))cQR Date: J~ omas S. Diehl, Esquire Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 VERIFICATION I verifY that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 9 4904, relating to unsworn falsification to authorities. RODNEY L. LEATHERY, Plaintiff @ _.1 '.~ - .-. C. I, ,,- "".! (:; F /J '/) \ .') ~= \If ~J f ,',') . '.J '" fV) '" ~ r( ...... 'S! RODNEY L. LEATHERY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2002- Q'{67 CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY MARlL YN LEATHERY, Defendant PETITION FOR EMERGENCY RELIEF 1. The Petitioner is Plaintiff, Rodney L. Leathery, (hereinafter, "Father") an adult individual currently residing at 648 Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Respondent is Defendant, Marilyn Leathery (hereinafter, "Mother"), an adult individual currently residing at an undisclosed address in Carlisle, Cumberland County, Pennsylvania 17013. 3. The Parties are the natural parents of the following children: (a) Ferris Natalia Leathery, born September 7,1989, age 13 years (b) Melissa Eran Leathery, born September 15,1992, age 10 years (c) Arran Rodney Leathery, born September 21,1994, age 7 years 4. The Parties are not currently subject to an order of court regarding the custody and care of their children. Contemporaneously with filing this petition, Father has filed a Complaint in Custody with the office of the Prothonotary that is attached hereto as "Exhibit A". 5. The reasons for which Father request emergency relief are as follows: (a) Mother moved out of the marital residence located at 648 Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania on August 3, 2002. (b) When Mother moved from the residence, she took the parties children with her. (c) Since Mother left the residence, Father has had limited contact with the children, primarily while they are in school. (d) On September 3, 2002, the parties and their respective counsels had a four- party conference at which time they agreed to arrange for a "visitation" schedule, however Mother has failed to follow through with said agreement. (e) Children attend Lamberton Middle, and North Dickinson Elementary Schools, of the Carlisle School District. (1) Upon learning that all three children were absent from school on Monday, September 16,2002, Father contacted the children's respective school. (g) Father learned from school officials that Mother had recently, and without notice to Father, withdrawn the children from school. (h) Save for the custody complaint filed in conjunction with this petition, neither party has filed an action, nor obtained an order regarding custody of the children. (i) In 2001 Mother was arrested for domestic battery in the state of Florida. U) Mother has a positive history for mental health contraindications that have manifested themselves in violent behavior. (k) Upon moving, Mother had filed an action under the Protection From Abuse Act, and accordingly an Order was entered granting relief on August 16, 2002 (a copy is attached hereto as "Exhibit B"). (I) Mother is a citizen of Great Britain, whose immediate family resides in England, and it is therefore believed that Mother is a flight risk. (m) The PFA Order of August 16, 2002, does not address custody. 6. Mother is represented by Johnna Kopecky, Esquire, and Father by Thomas S. Diehl, Esquire. 7. Father requests Order of Court granting the following relief: (a) Immediately returning the Children back to their respective schools; (b) Returning the children back to Father at the marital residence; AND (c) Establishing a temporary Custody Order pending conciliation III this matter to ensure maximum contact between the children and the parties. WHEREFORE, the Petitioner/Plaintiff, Rodney L. Leathery, respectfully requests this Honorable Court to enter an Order immediately returning the Children into the primary physical custody of Father, to have the Children returned to their respective schools, and to issue a rule upon the Respondent/Defendant to show cause why other relief should not be granted. Date: >> II) ~Q)~ omas S. Diehl, Esquire Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 VERIFICATION 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. ~ 4904, relating to unsworn falsification to authorities. ~ RODNEY L. LEATHERY, Plaintiff RODNEY L. LEATHERY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2002- CIVIL TERM MARILYN LEATHERY, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this day of , 2002 upon consideration of the attached Petition it is hereby directed that the parties and their respective counsel appear before Esquire, the conciliator, at , Pennsylvania, on the day of , 2002, at o'clock _.m. for a Pre-Hearing Custody Conference. At such conference, an' effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a temporary order. All children age five or older may be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. t.". ':.b' .....ll' '. -'!" i ir . . \;$: " FOR THE COURT: By: Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE ALA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. THE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 1-800-990-9108 RODNEY L. LEATHERY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 2002- CIVIL TERM MARILYN LEATHERY, Defendant : CIVIL ACTION - LAW : IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Rodney L. Leathery, an adult individual currently residing at 648 Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Marilyn Leathery, an adult individual currently residing at an undisclosed address in Carlisle, Cumberland County, Pennsylvania 17013. 3. The Plaintiff is the natural Father of the following children: (a) Ferris Natalia Leathery, born September 7,1989, age 13 years (b) Melissa Eran Leathery, born September 15, 1992, age 10 years (c) Arran Rodney Leathery, born September 21, 1994, age 7 years 4. The children were born in wedlock. 5. For the past five years, the children have resided with the following persons at the following addresses for the following lengths of time: NAMF Marilyn Leathery A DDRFSS Undisclosed Carlisle, P A DA TFS. August 2002 to present Rodney Leathery Marilyn Leathery 648 Alexander Spring Road Carlisle, P A August 2001 to August 2002 NAMF ADDRFSS DATFS Rodney Leathery 800 Linda Drive March 2001 to Mary Esther, FL August 2001 Rodney Leathery 800 Linda Drive January 1999 to Marilyn Leathery Mary Esther, FL March 2001 Rodney Leathery Germany October 1998 to January 1999 Rodney Leathery Germany September 1997 to Marilyn Leathery October 1998 6. The natural Father of the children is the Plaintiff, who resides as foresaid. He is married. 7. The natural Mother of the children is the Defendant, who resides as foresaid. She is married. 8. The relationship of the Plaintiff to the children is that of natural Father. The Plaintiff currently resides with alone. 9. The relationship of the Defendant to the children is that of natural Mother. The Defendant currently resides with the children. 10. The Plaintiff has no information of a custody proceeding concerning the children pending in any Court of this Commonwealth. 11. The 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, the Plaintiff, Rodney L. Leathery, respectfully requests this Honorable Court to enter an Order scheduling the Parties for a Custody Conciliation. Respectfully submitted, Date: s,g-- I) )~~ omas S. Diehl, Esquire Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904, relating to unsworn falsification to authorities. RODNEY L. LEATHERY, Plaintiff EXHIBIT B " r. r AUG 1 4 2002 ~ . Marilyn Leathery, Plaintiff : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA v. Rodney Lee Leathery, Defendant : No. 02-3766 : CIVIL ACTION - LAW : PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name is: Rodney Lee Leathery Defendant's Date of Birth is: Decemher 31, 1960 Defendant's Social Security Number is: 187-52-0327 Name(s) of All protected persons, including Plaintiff and minor children: 1. Marilyn Leathery Appearances by Parties and/or Counsel: . Plaintiff appeared personally and is represented by: David Lopez, Esq. . Defendant appeared personally and is represented by: Thomas Diehl, Esq. AND NOW, this 14th Day of August, 2002 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED.flS follows: Plaintiffs request for a Final Protection Order is granted, after hearing upon finding abuse within the PF A Act. Plaintiffs request for a final protection order is granted. AUG 2 0 2002 r ( . 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found. 2. Defendant is prohibited from having ANY CONTACT with the Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiffs school, business, or place of employment. 3. Defendant shall not contact the Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 4. The following additional relief is granted as authorized by ~61 08 of the Act: _ Defendant is prohibited from having any contact with Plaintifl's relatives. _ Defendant shall not damage or destroy any property owned Jointly by the parties or solely by the Plaintiff. _ Defendant shall be assessed court costs and fees. Defendant shall also be assessed a S 25.00 surcharge under 23 Pa.C.S.A. Section 6106(d). 5. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Carlisle Borough Police 6. THIS ORDER SUPERSEDES: 1. ANY PRIOR PF A ORDER 7. All provisions of this order shall expire on: February 6, 2004 NOTICE TO THE DEFENDANT r ( . VIOLATION OF TIllS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WInCH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. ~6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYL VANIA CRIMES CODE. TIllS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND TIIE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. ~2265. IF YOU TRAVEL OUTSIDE OF TIIE STATE AND INTENTIONALLY VIOLATE TIllS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C ~~261- 2262. IF TIIE BRADY INDICATOR PARAGRAPH APPEARS IN TIlE OIllDER, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 U.S.C. ~922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT omClALs The police who have jurisdiction over the plaintiffs residence OR any location where a violation of this order occurs OR where the defendant may be located, shall enforce this order. An arrest for violation of Paragraphs 1 through 3 of this order may be without warrant, based soley on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. ~6113. Subsequent to arrest, the police officer shall seize all weapons used or threatened to be used during the violation of the protection order or during prior incidents of abuse. The shall maintain possession of the weapons until further order of this Court. When the defendant is placed under arrest for violation of this order, the defendant shall be taken to the appropriate authority or authorities before whom defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR the plaintiff. Plaintiffs presence and signature are not required to file the complaint. If sufficient grounds for violation of this order are alleged, the defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. r Distribution to: David Lopez Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 Thomas Diehl Attorney for Defendant One West High Street, Suite 208 P.O. Box 1290 Carlisle, P A 17013 Faxed & Mailed to PSP ~ ~."" I ,,- .' -~. . . . ~ ~ __ _l_~~_~.;~ ~ -- . ____I ;'"'1" , ( BY THE COURT: 10/ ,Hu~,~e~ ' George . Hoffer, .J. :eo.- I --, ~.....,' I t" ~'"' ..~'~'.-'~ . -, - '''I ..~ ~. "J-' ;, : ~ <~ . _ :. . ", . -~ -' '-! ' C?.-~~."~~ PrO'i'Ilc!1oa.-, .. . , .. . '. . CERTIFICATE OF SERVICE I hereby certify this 17th day of September 2002, that a true and correct copy of the foregoing document was served on the following individual via delivering a copy of the same to Attorney Kopecky' Courthouse mailbox: Johnna Kopecky, Esquire Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013 By ~ ~&~>- Kj.rfi"Derly L. Hough Legal Assistant 1".-, ~7"7 '. ' j;~~ :J , c; lb .."") 1 J C~ l" =---! "'- :i:l ...;. RODNEY L. LEATHERY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2002- -J'%? 2IVIL TERM : CNIL ACTION - LAW : IN CUSTODY MARlL YN LEATHERY, Defendant ORDER OF COURT AND NOW, this ~~-tfJdaY of {f f21rhl~:~:~ ~i::;:'..o~e~ attached Petition it is hereby directed that the Children of the above parties\... :'iiD}(.dii~l) l..Lilim"d i;} .::-,e ;k~~ e\iDte~ Be r ..ttlt,r, that the Children be immediately returned to their respective schools, at Lamberton Middle School and North Dickinson Elementary Schools, in the /\ ~ ~~ C1-..t rc.~ ~ ".~ ~s;:o~...+~~.' 0 ,c-.~__pAt ~ Furthermore, a Rule is hereby issued on the Defendant to show cause why the further relief ~ ~ requested in the attached petition should not be granted. Rule to be returned by appearance before L the Court on the II ~ day of O~ , 2002, at ~ o'clock A.-.m. in . /" ~, Court Room number ~ of the Cumberland County Courthouse. t$ q . ~\; D').: '.. lc.c ~,~ ~ {~I ~rf J. \f!NV^1ASNN3d ,uNnOJ (]h!Vl!::r:J8WnO 9 T}:8 ,~V 9Z d3S 20 AWlONOHJClC: 3H.L j() JOl:l:IO-0311:J PLAINTIFF IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RODNEY L. LEATIlERY v. 02-4469 CIVIL ACTION LAW MARILYN LEA TIlERY DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, September 25, 2002 , 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 Thursday, October 17, 2002 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a 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 hearinjZ. FOR THE COURT, By: Isl Tacqueline M. VernlO" Esq. Y 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 TIlE OFFICE SET FORTIl BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 .~~~ ~~4; ('~.(~.~ ~?r rJ; ~ ~u; ~o.(t'~ /rJY P ~~~ ~/.-PJ 'CO.Lt:>.tJ AlNn~'t~11~/jj8~rt) S?:/ Hd !.C d3S cO ,.{WlO'\ir, ,. ,,~(..,I; ',~U I:-' .:' " " 30I:l..-!~' ;;,'iL :dO . L 0:171:1 RODNEY L. LEATHERY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. MARILYN LEATHERY, Defendant 02-4469 CIVIL TERM IN RE: TEMPORARY CUSTODY ORDER consultation with counsel regarding the Petition for Emergency ORDER OF COURT AND NOW, this 11th day of October, 2002, after Relief filed by plaintiff, we enter the fOllowing temporary order: 1. The parties shall have joint legal custody of their children Ferris Natalia Leathery, Melissa Eran Leathery and Arran Rodney Leathery. 2. Mother shall have primary physical custody of her children subject to the fOllowing periods of partial physical custody in father: (a) every other weekend from after school until 8:00 p.m. on Sunday, commencing October 18, 2002. (b) Every Wednesday evening from after school until 8:00 p.m. (c) On the evenings where mother works, from after school until the end of mother's shift. Visitation with father shall commence by father picking the children up from school. It shall end by mother picking the children up at the end of father's driveway. anything derogatory about the other party in front of the children. 3. Neither party shall discuss this case or say Commonwealth of Pennsylvania without further order of this Court. 4. Neither party shall remove the children from the This is a temporary order entered to preserve the status quo pending conciliation and further proceedings in this matter. Nothing in this order shall be construed to prejudice the status quo. either party in regards to the further modification or change of Edward E. Guido, J. Thomas S. Diehl, Esquire For the Plaintiff Joan Carey, Esquire For the Defendant . ~~ 10. It,. bob It ~ '" VIN\{!\\\SNN'3d II ~,'n",'-\ ,..,;\~r'!, ,-"-,,,.\{\>"\ I\J..\ 'i \J,j ,_.',';, ;:'" ,..:~ i '1\ "'.) O \ '.8 \,rd c \ \ 'ciJ ;'n '. ill ,), .L..... '.' '.' F'o'V1C:':,' ~ ", j')i:LC)'-U.~~ RODNEY L. LEATHERY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2002-4469 CIVIL TERM MARlL YN LEATHERY, Defendant : CIVIL ACTION - LAW : IN CUSTODY AFFIDAVIT OF SERVICE I, Kimberly L. Hough, an adult individual, hereby certify that a certified copy of the Order of Court dated September 26, 2002 was served upon the above-captioned Defendant's manager, Sarah Sheriff, at the Defendant's place of employment, The Bon Ton, located at the Plaza Mall, Carlisle, Pennsylvania on October 1, 2002 at approximately 3:10 p.m. in the afternoon. DATE: October 1, 2002 By: Kimb . Hough, Leg Law Offices of Thomas S. iehl One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 (") C> ~ c: N s: 0 :...;1 -OW ("") cnp rn fT' -1 Z::r1 N JI,J:! Z<;:: .:1\.-1 CAc~. 7;~~~~ .:< ..t:.- !;2C -0 _Or" '; ~O :ll: S.JB 0 ;;-? ~rn )><:: ~ ..~ ~ :.n ~ CO '< NOV 0 7 2002 'if RODNEY L. LEATHERY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2002-4469 CIVIL TERM MARILYN LEATHERY, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this ~ day of ts ~ ,2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of Court dated September 26, 2002 and October 11, 2002 are hereby vacated. 2. The Father, Rodney L. Leathery, and the Mother, Marilyn Leathery, shall have shared legal custody of Ferris Natalia Leathery, born September 7,1989, Melissa Eran Leathery, born September 15, 1992 and Arran Rodney Leathery, born September 21, 1994. 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. Pending a custody evaluation, the parties shall share physical custody on a week on/week off basis with Father beginning his week on November 15, after school or approximately 3 :00 p.m. 4. The non-custodial parent shall be entitled to physical custody of the children two evenings during their off week from 3:00 p.m. to 9:00 p.m. provided they give the custodial parent reasonable prior notice. 5. In the event either party is in need of babysitting service during their custodial week for more than two hours, they shall contact the non-custodial parent (within a reasonable amount of time so that the offer may be accepted) and offer the non- custodial parent the opportunity to care for the children. 6. The Thanksgiving holiday shall be shared from 9:00 a.m. to 3:00 p.m. and 3:00 p.m. to 9:00 p.m. Father shall have the earlier time; Mother shall have the later time. 7. The Christmas holiday shall be divided into two Blocks. Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon and Block B shall be from Christmas Day at 12:00 noon to December 26, at 12:00 noon. Mother shall have Block A in even numbered years and Block B in odd numbered years. Father shall have Block A in odd numbered years and Block B in even numbered years. 8. The parties shall immediately schedule Ferris for counseling at the Stevens Center. The parties shall cooperate with her counselor and participate if so requested. 9. The parties, as soon as practicable, shall schedule co-parenting, communication counseling and cooperate and attend said counseling. 10. Counsel for the parties shall select a custody evaluator. The parties shall cooperate in the scheduling of appointments for themselves and the children with the custody evaluator. Father shall be responsible for all costs associated with the custody evaluation. 11. The parties may speak to each other to discuss custody matters pertaining to the children. Communication discussing custody shall not be a violation of any existing PF A Order. 12. The parties shall be entitled to liberal telephone contact with the Children. 13. Neither party shall remove the Children from the jurisdiction without prior notice to the other party ofthe location, address and telephone number. 14. F ather and Mother will notify each other of all medical care the Children receive while in that parent's care. Father and Mother will notify the other immediately of medical emergencies which arise while the Children are in that parent's care. 15. Neither parent will do anything nor permit a third party to do anything which may estrange the Children from the other party, or injure the opinion of the Children as to the other parent or which may hamper the free and natural development of the Children's love and respect for the other parent. 16. This Order is entered pending a Custody Evaluation. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms ofthis Order shall control. Either party may contact the Conciliator to schedule another Conciliation Conference, once the custody evaluation is completed. J. cc: Thomas S. Diehl, Esquire, Counsel for Father e..pu;. ~ Joan Carey, Esquire, Mid-Penn Legal Services, Counsel for Mothef C}-. _ j/._7-0.L- "'" U, i\~('\("\(l ; j '" ;',j-.j \/, t-: V/\l),:; \: r\!jd J,-:O<\Jtl8 ......... "7 "1 ::it. :" ,,', L' - .1:.1 7n ilu.i ~l..} f\H'il RODNEY L. LEATHERY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : 2002-4469 CIVIL TERM MARILYN LEATHERY, Defendant : CIVIL ACTION - LAW : 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: 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 Ferris Natalia Leathery Melissa Eran Leathery Arran Rodney Leathery September 7, 1989 September 15, 1992 September 21, 1994 Mother Mother Mother 2. A Conciliation Conference was held in this matter on November 6,2002, with the following individuals in attendance: The Father, Rodney L. Leathery, with his counsel, Thomas S. Diehl, Esquire and the Mother, Marilyn Leathery, with her counsel, Joan Carey, Esquire, Mid-Penn Legal Services. 3. The Honorable Edward E. Guido entered Orders dated September 26, 2002 and October 11, 2002 providing for the children to attend Carlisle school district schools, Mother to have primary physical custody, Father having alternating weekends, every Wednesday evening and evenings when Mother works. A PFA Order was also entered against Father by the Honorable George E. Hoffer, dated August 16,2002. 4. Father requested shared physical custody on a week on/week off basis. Mother objected believing such a schedule was disruptive to the children. However, Mother just moved a few doors down from Father and Father is retired. While the parties have difficulty communicating with each other, it is hoped that forcing the communication will resolve many conflicts. The parties agreed to attend co- parenting/communication counseling. Both parties also agreed to participate in a custody evaluation paid for by Father. 5. Although Mother disagreed with the shared physical custody, she did not request a hearing, pending a custody evaluation. It is recommended the court enter the Order as attached. /1- ~ 'b l.-- Date ~=~E~~' Custody Conciliator RODNEY 1. LEATHERY, Petitioner/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2002-4469 CIVIL TERM MARIL YN LEATHERY, Respondent/Respondent : CIVIL ACTION - LAW : IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY I. Petitioner is Rodney 1. Leathery, an adult individual currently residing at 648 Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Respondent is Marilyn Leathery, an adult individual currently residing at 651 Alexander Spring Road in Carlisle, Cumberland County, Pennsylvania 17013. 3. The Petitioner is the natural Father of the following children: (a) Ferris Natalia Leathery, born September 7,1989; (b) Melissa Eran Leathery, born September 15, 1992; and (c) Arran Rodney Leathery, born September 21, 1994. 4. The parties are currently subject to a Custody Order dated November 7, 2002. A copy of the Order is attached hereto and incorporated herein by reference as Exhibit "A." 5. There have been no additional actions relative to custody of the within named children in any jurisdiction to the Petitioner's knowledge. 6. Among the reasons why the Petitioner desires a modification of the existing Custody Order is due to the receipt of the custody evaluator's report. 7. The natural mother of the child is Respondent. She is married. 8. The natural father of the child is Petitioner. He is married. 9. The parties currently share custody of the children on an alternating week basis. EXHIBIT A NOV 0 7 2002 ~ RODNEY L. LEATHERY, Plain tiff : IN THE COURT OF COMMON PLEAS OF : cnmERL\.. "i]) COUNTY, PEi';~SYL VA,"iU v. : NO. 2002-~~69 CIHL TER\I ~L-\RIL YN LEATHERY, Defendant : CI\'IL ACTION - LAW : IN CUSTODY ORDER OF COL"RT A~D i\OW. this '7~ day of ~.,..tr~ ,2002. upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: !. The prior Orders of Court dated September 26, 2002 and October 11,2002 are hereby vacated. 2. The Father, Rodney L. Leathery, and the Mother, Marilyn Leathery, shall have shared legal custody of Ferris Natalia Leathery, born September 7, 1989, Melissa Eran Leathery, born September 15, 1992 and Arran Rodney Leathery, born September 2!, 1994. Each parent shall have an equal right, to be exer,;ised 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. Pending a custody evaluation. the panies shall share physical custody on a week on/week off basis with Father beginning his week on :\iovember IS, after schoo! or approximately 3:00 p.m. .... The non-custodial parent shall be entitled to physical custody of the children two evenings during their off week from 3:00 p.m. tL1 9:00 p.m. provided they gi\e [he custodia; parent reasonable prior notice. 5. In the event either party is in need of babysitLng service during their custodial week for more than two hours. they shall contact the non-custodial parent (within a reasonable amount of time so that the otTer may be accepted) and offer the non- custodial parent the opportunity to care for the children. I). The Thanksgiving holiday shall be shared Iron 9:00 a.m. to 3:00 p.m. and 3:00 p.m. to 9:00 p.m. Father shall have the earlier time; MOLier shall have the later time. 7. The Christmas holiday shaH be divided into t\vo Blocks. Block A shall be tram Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon and Block B shall be from Christmas Day at 12:00 noon to December 26. at 12:00 noon. .\-lother shall have Block A in even numbered years and Block B in odd nL:rnbered years. Father shall have Block A in odd numbered years and Block B in even numbered years. 8. The panies shall immediately schedule Ferris for counseling at the Stevens Center. The panies shall cooperate with her counselor and panicipate if so requested. 9. The panies, as Soon as practicable, shall schedule co-parenting, communication counseling and cooperate and attend said counseling. 10. Counsel for the panies shall select a custody evaluator. The panies shall cooperate in the scheduling of appointments for themselves and the children with the custody evaluator. Father shall be responsible for all costs associated ",ith the custody evaluation. II. The panics may speak to each other to discuss custody matters pertaining to the children. Communication discussing custody shall not be a violation of any existing PF A Order. 12. The panies shall be entitled to liberal telephone contact with the Children. 13. Neither party shall remove the Children from the jurisdiction without prior notice to the other party of the location, address and telephone number. 14. Father and Mother will notifY each other of all medical care the Children receive while in that parent's care. Father and Mother will notifY the other immediately of medical emergencies which arise ,,,hile the Children are in that parent's care. 1 5. \"either parent will do anything nor pennit a third pany to do anything which may estrange the Children from the other pany, or injure the opinion of the Children as to the other parent or which may hamper the tree and natural development of the Children' 5 love and respect for the other parent. 16. This Order is entered pending a Custody E ,aluarion. The parties may modit) the provisions of this Order by mutua! consent. In the absence of mutual consent. the terms of this Order shall control. Either party may Contact the Conciliator to schedule another C onciliarion Conference. once the custody C\'aluatioll is completed. '. ( I J, cc: Thomas S. Diehl, Esquire, Counsel for Father Joan Carey, Esquire, Mid-Penn Legal Services, Counsel for Mother ~. ,"', '1l{'. ".,~",,-L ~C'o.)... "~~:t;.:.. Z,(~ ~ , Pro(hOr.i::t3r,t RODNEY L LEATHERY, Plaintiff : I'" THE CO(;RT OF COMMON PLEAS OF : CVMBERLANO CO(;NTY, PENNSYL VANIA v. : 2002-......69 CIVIL TERM ~IARlL V:\' LEATHERY, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRIOR JVDGE: Edward E. Guido, J. CUSTODY CONCILIATION SU:vIMARY REPORT I:\' ACCORDANCE WITH CUMBERLAND COVNTY RULE OF CIVIL PROCEDURE 1915.3-8. the undersigned Custody Conciliator submits the following repo rt: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTL Y IN CUSTODY OF Ferris Natalia Leathery Melissa Eran Leathery Arran Rodney Leathery September 7. 1989 September 15. 1992 September 21, 1994 Mother Mother Mother ., A Conciliation Conference was held in this matter on November 6. 2002. with the following individuals in attendance: The Father. Rodney L. Leathery. with his counsel. Thomas S. Diehl. Esquire and the Mother. Marilyn Leathery. with her counsel. Joan Carey. Esquire. Mid-Penn Legal Services. .'. The Honorable Edward E. Guido entered Orders dated September 26. 2002 and Ocrober II. 2002 providing tor the children to atknd Carlisle school district schools. \Iother to have primary physical custody. Father ha\ing alternating weekends. every Wednesday evening and evenings when \lother works. A PFA. Order was also emered against Father by the Honorable George E. Hoffer. dated August 16. 2002. 4. Father requested shared physical custody on a week on'week otTbasis. \lother objected believing such a schedule \vas disruptive to the children. However. \lother just moved a tew doors down trom Father and Father is retired. While the parties have difticulty communicating with each other. it is hoped that tarcing the communication w ill resolve many contlicts. The parties agreed to attend co- ( parenting/communication counseling. Both parties also agreed to participate in a custody evaluation paid for by Father. 5. Although Mother disagreed with the shared physical custody, she did not request a hearing, pending a custody evaluation. It is n:commended the court enter the Order as anached. II - G -c y Date ~~ A\.[/~ Jacq~ine M. Verney. Esquire il Custody Conciliator " "- ~ 0 C) ~ ~ c: w 0 ~ ..- '" -vii; CJ nlf"" r-q ..; ...... J ~::h C) :r: "- - (f) t;. I -.J::: '"" I .1 -< . '..0 C:t '-", IJ,. ~~:~: ) ~ -.() -'0 ., "" ., ..c-::( .:t_,- ;:'J \.>J 0-, :'i'c, I,,:? '7() .~ ill I:::. ~ ,~ " :;;...~I ;' () ..... :.:..lJ -< RODNEY L. LEATHERY PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA V. 02-4469 CIVIL ACTION LAW MARILYN LEATHERY DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, December 12, 2003 , upon consideration ofthe attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland Counly Courthouse, Carlisle on Tuesday, January 13, 2004 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 nanow 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 heariuJ:(. FOR TIm COURT. By: Isl Jacqueline M. Verney, Esq. Custody Conciliator v 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 anangements must be made at least 72 hOUTS prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR AITORNEY AT ONCE. IF YOU DO NOT HAVE AN AITORNEY 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 ~ ~ ''''If fp "":" ~ ~l Co )/- r:/ - ~ jp 1:- ~J1/ ~~ f:'o- 7'/- e; ~F ~ J#1J" ~ ~- -4,7 ~ c;..c7- Y / -e/ \/t'J'7'1\l.~ -.'":,,\ i" ,-, I \!~'r''"''~' ! -I .',.' \)\I"r.-j I ~ .,', :"~I,} ('i;\"'_i-:I::;~:I~'~;/in,., _.A r l\J SI :1; I.' I ",~ S I JJa fODZ ibVIONOHlOtki ::lH' ="'1_1 '0-0 ~ 1 -<0 .J"; ~C, .311:! - JAN 14 200L RODNEY L. LEATHERY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : NO. 2002-4469 CIVIL TERM MARILYN LEATHERY, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this ,........... day of :r ~ 6 , 2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I. The prior Order of Court dated November 7, 2002 is hereby vacated. 2. The Father, Rodney 1. Leathery, and the Mother, Marilyn Leathery, shall have shared legal custody of Ferris Natalia Leathery, born September 7, 1989, Melissa Eran Leathery, born September 15, 1992 and Arran Rodney Leathery, born September 21, 1994. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all m~or non-emergency decisions affecting the Children's general well- being including, but not limited to, all decisions regarding their health, education and religion. 3. Father shall have primary physical custody of the Children. 4. Children: Mother shall have the following periods of partial physical custody of the A. Alternating weekends from Saturday mornings to Monday mornings at times agreed by the parties. Said alternating weekends shall begin the weekend Mother would have had the Children under the prior Order of Court. B. Mother shall have physical custody of Ferris every Monday from after school to Tuesday morning. C. Mother shall have physical custody of all of the Children every Tuesday from after school to 8:30 p.m. D. Mother shall have physical custody of Aaran every Thursday from after school to Friday morning. E. Mother shall have physical custody of Melissa every Friday from after school to Saturday morning. F. Such other times as the parties agree. 5. In the event either party is in need of babysitting service during their periods of custody for more than two hours, or a schedule change, they shall contact the non-custodial parent (within a reasonable amount of time so that the offer may be accepted, preferably 48-24 hours) and offer the non-custodial parent the opportunity to care for the children (Right of First Refusal). In the event that a babysitter is utilized, the non-custodial parent shall be advised of the babysitter's name and telephone number. In addition, the babysitter shall be advised of both parents' telephone numbers. 6. The Thanksgiving holiday shall be shared from 9:00 a.m. to 3:00 p.m. and 3:00 p.m. to 9:00 p.m. Father shall have the earlier time; Mother shall have the later time. 7. The Christmas holiday shall be divided into two Blocks. Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon and Block B shall be from Christmas Day at 12:00 noon to December 26, at 12:00 noon. Mother shall have Block A in even numbered years and Block B in odd numbered years. Father shall have Block A in odd numbered years and Block B in even numbered years. 8. Mother shall have physical custody of the Children on Mother's Day from 9:00 a.m. to 8:30 p.m. Father shall have physical custody of the Children on Father's Day from 9:00 a.m. to 8:30 p.m. 9. Easter Day shall be split from 9:00 a.m. to 3:00 p.m. and 3:00 p.m. to 8:30 p.m. Mother shall have the earlier time in even numbered years and the later time in odd numbered years. Father shall have the earlier time in odd numbered years and the later time in even numbered years. 10. Each party shall be entitled to three (3) consecutive or non-consecutive weeks of vacation provided they provide 30-day prior written notice to the other party. Neither party may select the week before school begins. II. Holidays and vacation periods shall take precedence over the regular custody schedule. 12. If a Child or Children become involved in counseling, the non-scheduling parent shall be advised of the counselor's name and telephone number and be pennitted to have full access to infonnation from the counselor. 13. The parents shall exchange house rules and each party shall honor and enforce the other parent's discipline provided it is discussed prior to it being imposed and agreed upon by both parents. 14. The parties must discuss and agree to extracurricular activities before the Child is registered for the activity. 15. The parties shall be entitled to liberal telephone contact with the Children and the Children shall be afforded privacy during said telephone contact. 16. Neither party shall remove the Children from the jurisdiction without prior notice to the other party of the location, address and telephone number. 17. Father and Mother will notifY each other of all medical care the Children receive while in that parent's care. Father and Mother will notifY the other immediately of medical emergencies which arise while the Children are in that parent's care. 18. Neither parent will do anything nor permit a third party to do anything which may estrange the Children from the other party, or injure the opinion of the Children as to the other parent or which may hamper the free and natural development of the Children's love and respect for the other parent. 19. Neither party will drink to the point of intoxication prior to or during their custodial periods. 20. 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. Another Conciliation Conference is scheduled for May 1 I, 2004 at 8:30 a.m. Edward E. Guido, J. cc:Aalerie Faden, Esquire, Counsel for Father fiessica Diamondstone, Esquire, Mid-Penn Legal Services, Counsel for Mother ~~ ~ OJ-/& -01 " ..'''C\ """!i:""; LZ :2 I,Ll S I l!'InUDZ ;\U\/lC:\F~>.i':'Ocd 3H1 jO 3JLi:I()-CJJii:J RODNEY L. LEATHERY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : 2002-4469 CIVIL TERM MARILYN LEATHERY, Defendant : CIVIL ACTION - LAW : 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: I. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Ferris Natalia Leathery Melissa Eran Leathery Arran Rodney Leathery September 7, 1989 September 15, 1992 September 2 I, 1994 shared shared shared 2. A Conciliation Conference was held in this matter on January 13, 2004, with the following individuals in attendance: The Father, Rodney 1. Leathery, with his counsel, Valerie Faden, Esquire and the Mother, Marilyn Leathery, with her counsel, Jessica Diamondstone, Esquire, Mid-Penn Legal Services. 3. The Honorable Edward E. Guido entered an Order dated November 7, 2002 providing for shared legal and physical custody with a week on/week off schedule. The parties have since obtained a custody evaluation recommending Father have primary physical custody and Mother have periods of partial physical custody. 4. The parties agreed to the Order in the form as attached. /-I'-I-oi Date ~ I~U~~~ . ac eline M. Verney, Esqu"fi:e Custody Conciliator MAY 1 2 2004 )il5 RODNEY L. LEATHERY, Plaintiff : IN THE COURT 011 COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW MARILYN LEATHERY, Defendant : NO. 2002-4469 CIVIL TERM : IN CUSTODY ORDER OF COURT AND NOW, this/ s7 day of Yu..AlL ,2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I. A Hearing is ~ in CA~&: ~/..;.r ,of the ~be~and County Court House, on the day of _,2004, atlJ:.3,O o'clock,~. M., at which time testimony will be taken. For purposes of this Hearing, 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 January 16, 2004 shall remain in full force and effect, except for the following modifications: 3. Beginning Saturday, June 12,2004 and continuing for the summer, or until further Order of Court, the parties shall alternate physical custody of the children on a 2-week on/2-week off schedule. Mother shall have the first 2-week period. The exchange day and time shall be Saturday at 10:00 a.m. The non-custodial parent shall be entitled to physical custody of the children every Wednesday overnight from 6:00 p.m. to Thursday at 6:00 p.m. 4. Each party shall be entitled to two uninterrupted weeks in the summer that coincide with their regular 2 week period, provided they give: the other party 30 days prior notice. 5. Mother is permitted to take the children outside of the country to England to visit relatives during the summer. 6. Transportation shall be shared such that the parties will transfer custody at the State Police Barracks in Carlisle. 7. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. J. cc~alerie Faden, Esquire, counsel for Father ./Grace D' Alo, Esquire, mid Penn Legal Services, counsd for Mother 9J.()- 9t/(,() J. ~.~,L ~ O~-O~ -0&./ <"j', ""'/ "" l"''''!i!' "(-,\;'I'J"'! , '['\'n ~ -' ',. ',< 'CO I\. I . ..( I' ,i ."......., ""."" '-';, ""-"/-,!J/,'/r;o 1 ~ :F; lid 1- Nnr MOc ;"W.1Q,~OiIJ.Olid 3HJ. :dO :tJ/:!dQ-{j:371:J RODNEY L. LEATHERY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW MARILYN LEATHERY, Defendant : NO. 2002-4469 C][VIL TERM : IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE ]915.3-8, the undersigned Custody Conciliator submits the following report: I. The pertinent infonnation concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRl8:NTL Y IN CUSTODY OF Ferris Natalia Leathery Melissa Eran Leathery Arran Rodney Leathery September 7, 1989 September 15, 1992 September 21, 1994 Father Father Father 2. A Conciliation Conference was held May II, 2004 with the following individuals in attendance: The Father, Rodney 1. Leathery, with his counsel, Valerie Faden, Esquire, and the Mother, Marilyn Leathery, with her counsel, Grace D'Alo, Esquire, Mid Penn Legal Services. 3. The Honorable Edward E. Guido entered an Order of Court on January 16, 2004 providing for shared legal custody with Father having primary physical custody and Mother having alternating weekends and one overnight per wl~ek with each child separately. The January Order was entered at a Conciliation Conference as a result of Father filing a Petition for Modification in December, 2003 following a custody evaluation. Another conciliation conference was scheduled for May, 2004 to detennine how the Children were adjusting to the January Order and to consider a summer schedule. 4. Father's position on custody is as follows: Father seeks a continuation of the status quo. He presents documents that show he has completed a ParentWorks program and that Mother is still exhibiting aggressive behaviors. He relies on the custody evaluation indicating that he should have primary physical custody. However, Mother presents a letter from the christian counseling program that the parties were attending showing Father's lack of progress in counseling. Despite all ofthe counseling, neither party can communicate with each other on issues involving the children! Recently, Mother attended a baseball game of one of the children and Father pulled him from the game and left the area. 5. Mother's position on custody is as follows: Mother seeks shared legal custody and shared physical custody. She maintains that her mental health issues are being treated. The parties live in close proximity, only blocks from each other. She also asserts that the children wish to spend more time with her and are upset over the parents' continued fighting over custody. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and granting the parents shared legal custody, Father primary physical custody but for the summer go to a 2 week on/2 week off custody arrangement. It is expected that the Hearing will require one day. ,$- r I:J. -0 <j Date ~ -. i L'11I.~' ~. Vemey,ESqUi~ Custody Conciliator RODNEY LEATHERY, Plaintlll: v. MARILYN LEATHERY, Defendant. TO THE PROTHONOTARY: : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO: 02-4469 : CIVIL ACTION .. LAW : IN CUSTODY PRAECIPE Please withdraw the appearance of the undersigned as counsel for the Plaintiff, Rodney Leathery, in the above-captioned matter. fiJ~y1()~ Valerle 1. F et( Esquire I.D. # 87442 Please enter the appearance of the undersigned as coun!;el for the Plaintiff, Rodney Leathery, in the above-captioned matter. Date 7 I z..2- I tJ t.f ! ' Respectfully submitted, ManCk~'/~ & Spreha B'/~ /~d Wagner, Esquire I.D. #23103 2233 NOlih Front Street Harrisburg, P A 17110 (717) 234-7051 () c ~ -oit~ 'Tlr-;, :7::~:): ~.~,. .." ~f! 5~~~ ~ '"'" => = ...... <- c:: r- G,) C) " :31:; Sl Ul ~ ~:tJ ::g~ r- b =:r. 9:H oPn ~-.., ?l5 -< SEP 3 0 2004 \1 Rodney Leathery, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYL V MIlA vs. : CIVIL ACTION LAW : No. 2002-4469 CIVIL TERM Marilyn Leathery, Defendant : IN CUSTODY CUSTODY ORDER AND NOW, this~~ay Of~' the following Order is entered by consent of the parties with regard to custody of the parties' children, Ferris, Melissa and Aaran. 1. Mother and Father shall share primary physical custody ofthe children. 2. The two-week on/two-week off schedule l:stablished in the June 1, Order of this Court will continue throughout the school year. 3. During the Mother's two-week periods, the Father shall be entitled to physical custody of the children every Wednesday after school until Thursday at 5:30 p.m. During the Father's two-week periods, the Mother shall be entitled to physical custody ofthe children every Wednesday after school until Thursday at 5:30 p.m. 4. The custody exchange day and time shaH be on Friday after school or 4:30 p.m. 5. When the Mother works to 3:00 p.m. or later on Monday to Thursday school days, the father shall be entitled to physical custody until 5:30 p.m. 6. Transportation shall be shared such that the parties will transfer custody at the State police Barracks in Carlisle. 7. In the event either party is in need of babysitting service during their periods of custody for more than two hours, or a schedule change, they shall contact the non-custodial parent (within a reasonable amount of time so that the offer may be accepted, preferably 24-48 hours) and offer the non-custodial parent the opportunity to care for the children (Right of First Refusal). In the event that a baby sitter is utilized, the non-custodial parent shall be advised of the babysitter's name and telephone number. In addition, the babysitter shall be advised of both parent's telephone numbers. 8. Each party shall be entitled to two uninterrupted weeks of vacation in the summer that coincides with their regular two week period, provided they give the other party thirty days notice. 9. Both parents are permitted to travel with the children outside of the country. An international travel consent document will be completed no later than 30 days before travel. 10. The Thanksgiving holiday shall be shared from 9:00 a.m. to 3:00 p.m. and 3:00 p.m. to 9:00 p.m. Father shall have the earlier time; Mother shall have the later time. 11. The Christmas holiday shall be divided into two Blocks, Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon and Block B shall be from Christmas Day at 12:00 noon to December 26th at 12:00 noon. Mother shall have Block A in even numbered years and Block B in odd numbered years. Father shall have Block A in odd numbered years and Block B in even numbered years. 12. Mother shall have physical custody of the children on Mother's Day from 9:00 a.m. to 8:30 p.m. Father shall have physical custody of the children on Father's Day from 9:00 a.m. to 8:30 p.m. 13. Easter Day shall be split from 9:00 a.m. to 3:00 p.m. and 3:00 p.m. to 8:30 p.m. Mother shall have the earlier time in even numbered years and later time in odd numbered years. Father shall have the earlier time in odd numbered years and the later time in even numbered years. 14. Holidays and vacation periods shall take precedence over the regular custody schedule. 15. If a child or children become involved in counseling, the non-scheduling parent shall be advised of the counselor's name and telephone number and be permitted to have full access to information from the counselor. 16. The parties must discuss and agree to extracurricular activities before any child is registered for the activity. 17. The parties shall be entitled to liberal phone contact with the children and the children shall be afforded privacy during the said telephone contact. 18. Neither party shall remove the children from the jurisdiction without prior notice to the other party of the location, address, and telephone number. 19. Father and Mother will notify each other of all medical care the children receive while in that parent's care. Father and Mother will notify each other immediately of medical emergencies, which arise while the children are in that parent's care. 20. Neither parent will do anything nor permit a third party to do anything which may estrange the children from the other party, or injure the opinion of the children as to the other parent or which may hamper the free and natural development of the children's love and respect for the other parent. 21. Neither party will drink to the point of intoxication prior to or during their custodial periods. ,Judge \ ),L\:n'.;~:X~:-;I!,!J. ~-';\ \i'~cl -.~"?\no gO :7!!d 02 ellS 7DDZ i1th.LO"JO/-'U.Cdd ~r-!l -1~~JijD--Gj7i~t ,~, .:1l.' This Order is entered pursuant to the consent of Plaintiff and Defendant; Y\ . Iff dW er Attorn or Plaintiff Mancke, Wagner & Spreha 2233 North Front Street Harrisburg, PA 17110 \~;' , , '. \ ":. ", \ ~~ \ ;t -:' , ,;ii-~':: 't:::, , '\ ) ) # " RODNEY L. LEATHERY, Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. MARILYN LEATHERY, Respondent : CIVIL ACTION. LAW : NO. 2002 - 4469 CIVIL TERM : CUSTODY (J c:. z d~;~;~' /-. ~; ~~,: ~ ~~;:. '. )> /:- -:'''"7 ~ NOW, comes the petitioner, by his attorney, Harold S. Irwin, III, Esquire, and presents this petition for modification of custody, representing as follows: PETITION FOR CUSTODY 1. Petitioner is RODNEY L. LEATHERY, an adult individual residing at 147 South East Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Respondent is MARILYN LEATHERY, an adult individual residing at 657 Alexander Springs Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are the natural parents of three children; namely, Ferris Natalia Leathery (born September 7, 1989 and currently living with the petitioner), Melissa Eran Leathery (born September 15, 1992 and currently living with the petitioner) and Arran Rodney Leathery (born September 21, 1994, and presently living two weeks with the petitioner, alternated by two weeks with the respondent. 4. The parties have been separated for several years and are currently subject to a custody order filed to this term and number, dated June 1, 2004, and modified September 30, 2004. Copies of both orders are incorporated herein by reference and attached hereto as Exhibit "A" and "B", respectively. Said orders provide, inter alia, that the parties will alternate physical custody of all of the children every two weeks. ~ "'" 0"' (/) (T1 -u I -l ~ ~~ f1~~ ?~t~ ~~~1 -r. _~-n ;~)(") om --i ?O -< "., ::l: '? r N , 5. By mutual agreement, the parties have modified the custody arrangement provided in the aforesaid orders in that the two oldest children, Ferris and Melissa, are now living primarily with the petitioner. 6. Petitioner does not know of a person not a party to this proceeding who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. Each parent whose parental rights to the children have not been terminated and the persons who has physical custody of the children have been named as parties to this action. 8. Petitioner believes and therefor avers that the best interests and permanent welfare of the children will be served by providing for a custody arrangement for the children such as they are presently following. WHEREFORE, petitioner requests the Court to modify the current custody order as aforesaid. HAROLD S. IRWIN, I Attorney for Petitioner 64 West Pitt Street Carlisle, PA 17013 (717) 243-6090 Supreme Court ID No. 29920 .. . 'f#RIEl~'CltlN I, Rodney L. Leathery, petitioner herein, verify that the facts contained herein are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. September 6, 2006 / , ~ ~ ....., ~ ~ 0 = = r;; ero :r!.." -;",..~ (/) . ("," rrl rnF I. -0 -Urn - ~ I -"y ...... (:;;C) ~ ::c:=r-{ l" ".. ~:~~ ~~ -;:t" ~ ~ (" (~ '? 8 ~u, c: ~ ...... ?~ r- c.:. -<. CJ1 ~ RODNEY L. LEATHERY PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 02-4469 CIVIL ACTION LA W MARIL YN LEATHERY DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, _._..__~~~~~~~_ep~e':'1l>~Ll_.t_,}J!Q~ ....' upon consideration of the attached Complaint, it is hereby directed that parties and their respeclive counsel appear before Jacqueline M. Verney, Esq. ,the conciliator, at ___'!~!~oo ':'.~~':'1 berla n d~(}lIll~.L~~lI.!:!!!().lI~.~'__~~ rlis!~__ on __ .... ...!~.':I rsd a y, _Q<:~()..l>~r..!1.!.2 006 ._______ at J: 3 0 ~ 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 mav 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 Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR TFIE COURT, BY:_~~__J.acque1ine M. Verney, E~~_ Custody Conciliator " Thc 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 HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedf()rd Street Carlisle, Pennsylvania ] 7013 felephonc (717) 249-3 I 66 _ rI'~ frr ---~~ 10-C;-& _ J:k f ~ ~"lL, 'W- el ~ ~ V"%- ~~.p{} 1cJ-CIO . I .." ~ , '\ t I' I { ,,~ -1 ,. c, -; ~ ,- , , '. ; i. (, I ( (.; ]Z .' \i . .;-1 .----- - . ."'- .KIlV os Zll\)\i ~ RODNEY L. LEATHERY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2002-4469 CIVIL TERM MARILYN LEATHERY, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this <i '^ day of ,J ~ ,2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated September 30, 2004 shall remain in full force and effect. 2. The 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. Edward E. Guido, J. cc: Harold S. Irwin, III, Esquire, Counsel for Father Marilyn Leathery, pro se 657 Alexander Spring Road Carlisle, P A 17013 >~ . ~ 1/-tJ?veJ(,.. ~ 90 : I , 8- lION 900l ::lO .. ., RODNEY L. LEATHERY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : 2002-4469 CIVIL TERM MARIL YN LEATHERY, Defendant : CIVIL ACTION - LAW : 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: 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 Ferris Natalia Leathery Melissa Eran Leathery Arran Rodney Leathery September 7, 1989 September 15, 1992 September 21, 1994 shared shared shared 2. A Conciliation Conference was held in this matter on November 2,2006, with the following individuals in attendance: The Father, Rodney L. Leathery, with his counsel, Harold S. Irwin, III, Esquire and the Mother, Marilyn Leathery, pro se 3. Honorable Edward E. Guido entered Orders dated September 30,2004, providing for shared legal custody and shared physical custody. 4. The parties agreed to continue the current Custody y Order. It - 3 -o~ Date ~l::~b Custody Conciliator