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HomeMy WebLinkAbout00-00931 , JAMIE LEIGH MYERS, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. RICK ANDREW KROUT, DEFENDANT 00-0931 CIVIL TERM IN RE: CUSTODY JURISDICTION BEFORE BAYLEY. J. AND HESS. J. ORDER OF COURT AND NOW, this U'k- day of May, 2000, IT IS ORDERED that a hearing on the objection of defendant to jurisdiction shall be conducted in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania, on Thursday, June 1, 2000, at 1 :30 p.m. ':\r/1. By the.Court, i/ .. ,/ ~, ,// I . Mary A. Etter Dissinger, Esquire For Plaintiff ~. 3-4'00 RKS Thomas E. Flower, Esquire For Defendant :saa -'0'-1" ., f_"."_,< -. -,' ~~-<"~,,,.;,,"...'tI ltUi. _otl$!lillil<!&J~""'~' ';"-l~ UAU" .", " , , fIL\i.O':'OFt\CE Oi: 1'"'\" or:>'Q,,<!Oi ,(\'1'.oV if ,\ '- . \' ,. .....1'RJ1t\,\\1 ~J"iI- - QO lIt~~ -l\ P\~ 3~ 33 C\J\J,oERLPND COUNIY PENNS'{lVANII\ JAMIE LEIGH MYERS, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. RICK ANDREW KROUT, DEFENDANT 00-0931 CIVIL TERM IN RE: CUSTODY JURISDICTION BEFORE BAYLEY. J. AND HESS. J. OPINION AND ORDER OF COURT Bayley, J., May 4, 2000:-- On February 17, 2000, plaintiff, Jamie Leigh Myers, filed a complaint against defendant, Rick Andrew Krout, seeking custody of their two children, Jessica M. Krout, age 15, and Daniel J. Krout, age 14. An amended complaint was filed on February 25, 2000. Plaintiff lives in Wormleysburg, Cumberland County. Defendant and the children live in EI Paso, Texas. The parties were divorced on December 28, 1988. For the next nine years the children lived in Pennsylvania. They spent time with each parent pursuant to a written agreement that was made part of the parties' Pennsylvania property settlement agreement. On September 26, 1988, the parties had executed an addendum to that agreement whereby the father would have "majority physical custody wherever he may reside," with the mother having "reasonable rights of minority physical custody as the parties may agree." The agreement provided: ~, '; "" '", 1 'co T ","_-""~_ Lo" , "" or ,,' ',.'C"', ^ ~'"' ,,, _~_I" 00-0931 CIVIL TERM Mother specifically acknowledges and agrees that she will permit the children to reside with father outside the Commonwealth of Pennsylvania, provided father adheres faithfully to the terms and conditions herein set forth. One of those terms and conditions is that "The father shall provide each child with a roundtrip ticket every summer to visit there [sic] mother until the age of eighteen years old." In January, 1998, the father moved with the children to Arizona where they lived until December 26,1999. During that period the children visited their mother in Pennsylvania under the terms of the September, 1988 custody agreement. On December 27,1999, the father moved with the children to EI Paso, Texas. The father has filed an objection challenging the jurisdiction of this court to hear the custody issue raised in the mother's amended complaint filed on February 26, 2000. The parties chose to brief and argue the objection without developing a record. Pennsylvania, at 23 Pa.C.S. Section 5341-5366, and Texas at V.T.CA, Family Code SS 11.51 to 11.75, have enacted the Uniform Child Custody Jurisdiction Act. Section 5344 of the Act provides: (a) General rule.-A court of this Commonwealth which is competent to decide child custody matters has jurisdiction to make a child custody determination by initial or modification decree if: (1) this Commonwealth: (i) is the home state of the child at the time of commencement of the proceeding; or (ii) had been the home state of the child within six months before commencement of the proceeding and the child is absent from this Commonwealth because of his removal or retention by a person claiming his custody or for other reasons, and a parent or person acting as parent continues to live in this Commonwealth; -2- . ".' ~ ~"'I -,,- ""~ . ,--, - 00-0931 CIVIL TERM (2) it is the best interest of the child that a court ofthis Commonwealth assume jurisdiction because: (i) the child and his parents, or the child and at least one contestant, have a significant connection with this Commonwealth; and (ii) there is available in this Commonwealth substantial evidence concerning the present or future care, protection, training and personal relationships of the child; (3) the child is physically present in this Commonwealth, and: (i) the child has been abandoned; or (ii) it is necessary in an emergency to protect the child because he has been subjected to or threatened with mistreatment or abuse or is otherwise neglected or dependent; (4) (i) it appears that no other state would have jurisdiction under prerequisites substantially in accordance with paragraph (1), (2) or (3), or another state has declined to exercise jurisdiction on the ground that this Commonwealth is the more appropriate forum to determine the custody of the child; and (ii) it is in the best interest of the child that the court assume jurisdiction; or (5) the child welfare agencies of the counties wherein the contestants for the child live, have made an investigation ofthe home of the person to whom custody is awarded and have found it to be satisfactory for the welfare of the child. (b) Physical presence insufficient.-Except under subsection (a)(3) and (4), physical presence in this Commonwealth of the child, or of the child and one of the contestants, is not alone sufficient to confer jurisdiction on a court of this Commonwealth to make a child custody determination. (c) Physical presence unnecessary.-Physical presence of the child, while desirable, is not a prerequisite for jurisdiction to determine his custody. "Home state" is defined in Section 5343 as: The state in which the child immediately preceding the time involved lived with his parents, a parent or a person acting as parent, or in an institution, for at least six consecutive months, and, in the case of a child less than six months old, the state in which the child lived from birth -3- " .'~'~, ,,,,," ,- -", '-~' 1',,," - '".t-,' """ '.' 00-0931 CIVIL TERM with any of the persons mentioned. Periods of temporary absence of any of the named persons are counted as part of the six-month or other period. There is no home state jurisdiction in Pennsylvania under Section 5344(a)(1) of the Uniform Child Custody Jurisdiction Act because neither Jessica nor Daniel have lived in Pennsylvania for six months prior to the mother filing this complaint on February 17,2000.' There is also no jurisdiction under Section 5344(a)(3) of the Act as the children are not physically present in the Commonwealth. Under Section 5344(a)(2), this court can assume jurisdiction in the best interest of the children if the children and the mother have a significant connection with this Commonwealth and there is available in this Commonwealth substantial evidence concerning the present or future, protection, training and personal relationships of the child. In In the matter of D.L.S., 278 Pa. Super. 446 (1980), the Superior Court of Pennsylvania noted that it is not necessary that the criteria in both the home state test (Section 5344(a)(1)), and the strength of contacts test (Section 5344(a)(2)), be present before a court can properly. find jurisdiction because each test is an independent basis of authority. The court stated that the strength of contacts test "[i]s employed when the home state test cannot be met or as an alternative to that test." See also Warman v. Warman, 294 Pa. Super. 285 (1982). In the case sub judice, there is no record on which to determine if it is in the best interest of the children to assume jurisdiction under the criteria in Section , For the same reason, Texas, where the children now live, also does not have home state jurisdiction. -4- ~ - '"," 7C'~ ~"~' '.: '_"'1- . ' ~,. 00-0931 CIVIL TERM 5344(a)(2) of the Uniform Child Custody Jurisdiction Act. Likewise, without a record, we cannot assume jurisdiction under Section 5344(4) of the Act on the basis that no state would have jurisdiction under the prerequisites substantially in accordance with Section 5344(1), (2) or (3), and that it is in the best interest of the children to assume jurisdiction. Even if this court has jurisdiction it may, on its own motion under Section 5348 of the Uniform Child Custody Jurisdiction Act, "[d]ecline to exercise its jurisdiction anytime before making a decree if it finds that it is an inconvenient forum to make a custody determination under the circumstances of the case and that a court of another state is a more appropriate forum." In this case, depending on the evidence, that could be a court in Texas.2 Such a determination, however, requires a record that we do not have. Accordingly, because the record is insufficient to make a determination on the father's objection to jurisdiction, we will schedule a hearing. ORDER OF COURT AND NOW, this ~ day of May, 2000, IT IS ORDERED that a hearing on the objection of defendant to jurisdiction shall be conducted in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania, on Thursday, June 1, 2000, at 1 :30 p.m. 2 Both parties agree, as does this court, that this custody issue should not be litigated in a court in Arizona, despite the fact that Arizona has home state jurisdiction, because neither the children nor either party now live in Arizona. -5- - f . ";"_~"" 1-.-1-"-,,,- - ,. ,'-' ~ " 00-0931 CIVIL TERM Mary A. Etter Dissinger, Esquire For Plaintiff Thomas E. Flower, Esquire For Defendant :saa '. " k<", _ I'" -.' ., -,' . .,", By the Gourt, .\ / ./ -6- n I' ,'I 1 : , JAMIE LEIGH MYERS, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY PENNSYLVANIA vs. . . : CIVIL ACTION - CUSTODY RICK ANDREW KROUT, Defendant . . NO. 2000-931 ORDEll OF COURT AND NOW, ~\ &Q. 2000, upon the attaohed complaint, it is hereby directed and their respective counsel ap ear be ore - ". ~ the conciliator, at \~ day of , 2000, at for a Pre-Hearing ustody 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 sy the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, , 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 sefore the court, please contact our office. All arrangements must by made at least 72 hours prior to any hearing or business before the court. You must attend scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 ,'.("j"~-~ J:"t' " , -~"-'''''''-"'-" - ~^ " ',~~n -- ."' ,'" '~"""~li.<!l$I:!3:0~~!I!ll;~~_~liitB ;; . dtJ.tftCJ dlotl/Q:? ;('d, 9 .t!J t:! , "., " " F 29 Pr'l 3~ 30 CUiVl~,:;~Ti:-,"\: <:) Ci,;UN"fY PErli'~SYLW,N!!1 ~ -.. ~ ~.".,.".., -"'.~.Ii .,' ,. w.~~-t;4-~ '?1niu ~ ?J 1:11 ~ '. ~ ~~ ~. a1" -I n . .. I' ; rID 2 3 20~J~' ~ ORDER OF COURT AND NOW, 2000, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before the conciliator, at on the day of , 2000, at ___.m., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with 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 by made at least 72 hours prior to any hearing or business before the court. You must attend scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 !I " ., I . JAMIE LEE MYERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA . . . . vs. : CIVIL ACTION - CUSTODY RICK ANDREW KROUT, Defendant . . NO. ~_92,/~-rb-- . . NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE PA 17013 717-249-3166 '---->> ( ?l ~.4. Mary A. Etter Dissingei"'----" Attorney for Plaintiff '. !I 'I I JAMIE LEE MYERS, : IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY : PENNSYLVANIA vs. . . CIVIL ACTION - CUSTODY RICK ANDREW KROUT, . ~ 1.-<-- . 2fruv - q.]J Defendant . NO. . COMPLAINT FOR CUSTODY 1. Plaintiff is Jamie L. Krout, residing at 22 Fourth Avenue, Wormleysburg, Cumberland County, Pennsylvania. 2. Defendant is Rick Andrew Krout, residing 3305 Aberdeen Street, El Paso, Texas. 3. Plaintiff seeks custody of the following children: Name Jessica M. Krout Present Residence 3305 Aberdeen Street EI Paso, Texas79925 15 Age Daniel J. Krout 3305 Aberdeen Street EI Paso, Texas79925 14 4. The child were not born out of wedlock. children are presently at 3305 Aberdeen Street, in the custody of El Paso, Texas. Defendant who 5. The resides 6. During the past five years, the children have resided with the following persons at the following addresses: Persons Rick Krout Jessica M. Krout Daniel J. Krout Addresses Date Willow Avenue Strasburg, PA Jan. 1995 to Jan. 1996 -.~ '" I~ -. ~~ - -1.,,< , Jamie L. Myers Jason Myers Jessica M. Krout Daniel J. Krout Rick Krout Jessica M. l<rout Daniel J. Krout Rick Krout Jessica M. Krout Daniel J. Krout Wendy* Matt* Becka* Rick Krout Jessica M. Krout Daniel J. Krout Wendy* Matt * Becka* Rick Krout Jessica M. Krout Daniel J. Krout Wendy* Matt* Becka* 434 Bridge street spring city, PA 19475 15202 N. 40th st., Apt. 118 Phoenix, AZ 85032 15202 N. 40th st., Apt. 118 Phoenix, AZ 85032 2836 East Surrey Avenue Phoenix, AZ 85032 3305 Aberdeen street EI Paso, TX 79925 (*Last name of Wendy, Matt and Becka unknown.) Jan. 1996 to Jan. 1998 Jan. 1998 to Jan. 1999 Jan. 1999 to Nov. 1999 Nov. 1999 to Dec. 27, 1999 Dec. 27, 1999 to Present 7. The mother of the children is Jamie L. Myers, Plaintiff who currently resides at 22 Fourth Avenue, Wormleysburg, Cumberland County, Pennsylvania. 8. She is married to Jason Myers. 9. The father of the children is Rick Krout who currently resides at 3305 Aberdeen Street, EI Paso, Texas. 10. He is not married. ." . ~-~,; - T ,H, , -1 I p .1 11. The relationship of Plaintiff to the children is that of mother. The Plaintiff currently resides with her husband, Jason Myers and their daughter, Samantha Myers. 12. The relationship of Defendant to the children is that of father. The Defendant currently resides with his children, Jessica M. Krout and Daniel J. Krout and his girlfriend, Wendy and her two (2) children, Matt and Becka. 13. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court, except that a Separation Agreement dated February 1, 1988 (copy attached as Exhibit A), was incorporated into the Decree in Divorce which Decree is dated December 28, 1988 and represents that a Settlement Agreement dated September 26, 1988 is incorporated therein (see copy of Divorce Decree attached as Exhibit B). However, the Separation Agreement attached as Exhibit A dated February 1, 1988 is the only Separation Agreement signed by the parties prior to the Decree in Divorce being entered. The parties amended their agreement by a "Second Addendum to Separation and Property Settlement Agreement" dated January 9,1998 (copy attached as Exhibit C). 14. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or in any other jurisdiction. 15. Plaintiff does not know of a person not a party to the proceedings who has physical custOdy of the children or claims to have custody or visitation rights with respect to the children. 16. The best interest and permanent welfare of the children will be served by granting the relief requested because the father has requested the mother to take custody of the children. The children want to come reside with mother but the father refuses to transfer n T- custody unless the mother, plaintiff herein, waives all rights to child support. Furthermore, on January 31, 2000 the mother, Plaintiff herein, spoke with the parties' minor children and they told her that if they did not start bugging her to relinquish all of her rights to child support and all her rights to have the children covered by their father's health insurance provider, their father was going to ground them. 17. Each parent whose parental rights to the children has not been terminated and the person who has physical custody of the children have been named as parties to this action. All other persons, named below who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene: None. WHEREFORE, Plaintiff requests the Court to grant custody of the children to mother, Plaintiff herein. Respectfully Submitted: DISSINGER & DISSINGER B;;/11 ~I (J ~ A Mary A.' Etter Dissinger Attorney for Plaintiff Supreme Court I.D. #27736 400 South State Road Marysville, PA 17053 (717) 957-3474 ~~ II 1- VERJ:FJ:CATION I, Jamie L. Myers, verify that the statements made in the Complaint for custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S4904 relating to unsworn falsification to authorities. ~~~ . V-4A'J"' . e L. My rs, PI ntiff - 1. That Jamie, the party of the second part is to have the care custody and control of Jessica and Daniel, minor children of the parties hereto, subject to the right and privilege of Rick, party of the first part, to visit the children upon any and all reasonable times and occasions, and to have the children visit him for reasonable periods of time away from the home of Jamie; it being understood that Rick is on active duty in the U.S. Army and subject to orders to duty in foreign countr i es, ci rcumstances may prevent hi s regular exerci.se of the right and privilege but this is in no way an abandonment of -the right and privilege; and party of the second part, Jamie, subject to the terms, agreements and conditions hereinafter stated, accepts the custody of the children and agrees to properly care for, support, rear, train and educate the children to the best of her ability, it being further understood and agreed that party of the second part shall have the right and privilege to select the domicile or.place of residence of the children at whatsoever place within the state of pennsylvania she may desire, but shall and will inform par~y of the first part of any change in the place of ~~~.~, resldence. ~~..:.g~ SEPARATION AGREEMENT This agreement, ,made and entered into on this !~ day of ~~--- 1988, by and between Rick A. Krout, party of the first part, and Jamie Krout, party of the second part, witnesseth: That whereas, the parties to this agreement are husband and wife, having been married on 25 February 1984 in Cumberland County, Pennsylvania 1 but are now living separate and apart from each other, and it is their intention to so continue to live separate and apart; and Whereas, the parties hereto have this day reached a satisfactory agreement and settlement between themselves concerning custody, support and maintenance of their children, Jessica and Daniel, and the support and maintenance of party of the second part hereto, Jamie, as well as for a di v is ion of and settlement of property rights, claims or. demands of any nature, either past, present or future, as hereinafter set out; Now,. therefore, in consideration of the mutual promises and agreements hereinafter contained, the parties hereto each agree with the other, as follows, to wit: EXHIBIT .JAN 19 2000 @a~ I A :.:( :',. ~ , I' I I DISSINGER & DISSINGER 2. Party of the first part, ~ick further,agrees to and with party of the second part, Jamle, that he wlll contlnue to pay over to her $150.00 every two weeks, as he has been paying since 1 December 1987, for child support and household expenses. This payment will continue every two weeks until 1 March 1989. By that time the parties hereto will attempt to resolve their relationship. If the continuation of this separation agreement is necessary at that time this provision for financial support will be renegotiated. 3. The parties hereto further agree that all household goods except the waterbed hereby are the property of Jamie. The waterbed hereby is the property of Rick. Jamie agrees to pay the current bill for furniture payable to Norwest Financial Service. In addition, Jamie agrees to pay the subscription fees for magazines currently being received by her under subscription with Magazine Service Club. Further Jamie agrees that she will not open new charge accounts or add purchases to existing charge accounts in the name of Rick A. Krout or jointly in her name and that of Rick A. Krout. 4, The parties hereto further agree that their 1986 VW Jetta is to be used by Jamie and that the $255.00 per month car payments are to be made by Rick. The parties further agree that their 1968 Montego is to be used or disposed of by Rick as he sees fit. 5. The parties hereby agree and acknowledge that, so long as Rick remains on active duty with the Army and the marriage between Jamie and Rick continues, Jamie is entitled to medical treatment at military medical facilities where available and through CHAMPUS if military medical facilities are not available. The same medical care is available for Jessica and Daniel so long as Rick remains on active duty until they reach their majority. Jamie agrees to limit medical attention to the above mentioned resources except as may be further agreed between the parties for special circumstances which at this time are unforeseen. 6. The parties hereto further agree that the foregoing convenants and agreements constitute a complete settlement of equitable property distribution, child custody, and support and maintenance responsibility of Rick for Jamie, Jessica (/2ta ~ ~ ,-- I _~ _____L , I I I I I i I I I ~. ...T.. -.' ',.:'" ! , , i' I I I I I ~ and Daniel. agreement is matters. It is the intention bf the parties that this to be pleaded in any suit regarding these In witness where of I~et my hand and seal this /S/- day of reb 1988. ~. {:C f24'~ '?f-z- W;ITNESS . '--8~-~- (7--1 ()~ (SEAL) Subscribed to before me free acts and deeds. this date and acknowledged as his __I .7 C('!lljtirfwh~ritI~~fARy PUBLIC ----/ bly. .commission Expires November 14, 1~8~ HaW ~umPer!anQ. M &umi1.,j,nq CQunty NOTARY PUBLIC In Witness where of I set my hand and seal this day of 1988. WITNESS (SEAL) r. < 5':' >",..: WITNESS I ! ' i , , ! Subscribed to before me this date and acknowledged as her free acts and deeds. (SEAL) NOTARY PUBLIC '" '.:~~>:€~' X+::< ~.:.::<X.:::""":~.':.;{,~:(,.:{>::C~~,~:i ~ ,'. :'.1 ~ ~~ .v ~ t.; ~ ~) ~ to: ~ ~ ~-~ ~.t. ~ (-: ti ~.~ '" ~ ~ ;.~ ti ~-~ \/ ~ ~.; ~ t-; ~ i'''; ~/. ~ \."i i ~.~ ~ ",.\ ~ b ~ r",: ~.,. ~ y t~ ~ f5 ~ ~ ~ ...~ N ~ ~.I. ~ 5-~ .v ~ g ~ ..~ V ~ ? ~.; ~ :"~ ~ f" ~ ~ "', i -< ~ ?, ~ " ~' ~ i i :ij ~ ~ ,..,"~ ", ,....~ ,..-' ..~.....".z.~~....." ~"'." _ "<X.:(;,:+X,::':.XX...xx4i<x.:.<x.~,:x.x::'~=co-:.X€(" . . .&.<X+1~}~X.;'~X"X,>;:.~~.;-';.A.x.:<:;~~::,};1 .<."'. ~ ~{ i :'''i ~ .,.., IN THE COURT OF COMMON ,', * PLEAS OF ~ :'; ~ ~..; i ,., CUMBERLAND it COUNTY STATE OF ~ ~.~ *. ~~ ~ ~ ~-~ PENNA. .--.... _ _ _~!\MU..UJG_~. _K[\Q~T. -..... -. -'" -..- ,-.. --..... __u.._. -... II ............_....._..._._m........_...____m....._m__......_....__..u__....- If ...HICK.,,"'~.;,~:,................................. II N (),.....Z9.~.9..JJYi L_,_,....._.... 1988 ~ ~.~ ".' ~ ~ t.; ~~.. ~ !:) ~ B ~ (.~ rt1 ~~ ~.'~ ~ <.j ~ t1 ~ ~."'. ~ V. ~ a ~ ~', '-' r-s (:; ,', ~ i ~., '.' ~ ~ ~.~ ~ DeCREE IN DIVORce AND NOW, ,.... . ~~~~!". ~!3!. .. ...... '. 19. ?? ", it is ordered and decreed that. .. ,. ... ,J,A.M.I.E. .L.E.rJ~H. .I\R.QlP:.. . .,.... ........ .,.. . '. plaintiff, and. ........ ....... . , _ _ ,RICK.MOREI,- n<OUT. .. ... , '" , ., ....... defendant, are divorced from the bonds of matrimony. The court retains ;urisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; ....~9D~,.~JJ.~)~j~"."~ttJ~p.p~r?~p~~ ~~.q.~~~R~~~Y..~~~~~~~~~~.~g~~~~~~~., .. .. entered. into. on, September. 2.6.,. .1.9.8.8,.... .. " .. .. ....... '" .. ....... ..... . ~ [t; " '. ~ B By The Court: ~ /s/ Edgar B. Bayley ... ~~~,~'ooo;;;;' l ~ ertified Copy issued J,~uQry 10,.1989_ ~ ~ :to>;:.':.;-,,: ;.:.::.....::.;... ".:+::." '..:::+;.,;-:.::- :-:::+:::<>::+::-::,::+::,";..:+::<;:.::+::.;:;<+::. '.:'.;" ,:.::+>: ._;:+;'. _,_::.~.~ .'-1 . SECOND ADDEl'iL>UM TO SEPARATION AND PROPERTY SETTLEMENT AGREEMENT RECITAL \VHEREAS, on September 26, 1988, Rick A. Krout (hereinafter "father") and Jamie L. Myers (nee Fortney) (hereinafter "mother") entered into a Voluntary Separation and Property Settlement Agreement and an Addendum to same for the purpose of determining, among other matters, mutual custody rights over their two children, Jessica M. Krout and Daniel 1. Krout (hereinafter "children"), and WHEREAS, it is the desire of both parties now to modify the custody arrangements heretofore agreed on, THEREFORE, the parties herein agree that in consideration of the mutual promises and concessions made to each other, the following terms and conditions shall henceforth govern their mutual custody rights, to which they each intend to be legally bound: TERMS AND CONDITIONS 1. Father shall henceforth be responsible for the care, supervision and guidance of the parties' children, and shall, therefore, exercise majority physical custody wherever he may reside. 2. Mother shall have reasonable rights ofrninority physical custody and shall be responsible for the care, supervision and guidance of the children during all such periods EXHIBIT I ('_ as the parties may from time to time agree. 3. Mother shall have at least the following specific periods of custody, ~ ~~MmiY~~ID:>~~: The children will have seperate living quarters at all times. The father will provide each child with a rOQ~d trip ticket every summer to visit there mother until the age of eighteen years old. The child support paid to the father will be withheld by the mother as payment or a debt in the amount or one thousand dollars. Once the child support has paid this debt, the support will then be paid directly to the father. The mother is responSible for all orthodontic expenees for daughter. lfooo1heo:i:sxmor:exthoo::m:ro:!r_tOO:lbI_t&::f~~\AJ4."~~~~ ~~. 4. Custody shall at all times occur in an appropriate and suitable environment for the children. 5. Mother shall have the right to reasonably consult with school officials and health providers concerning the children's condition, welfare, educational status and progress, including access to student records. 6, Father shall consult with mother before milking major decisions concemingthe educational and nonemergency health needs of the children. 7. Mother shall have rights of communication with the children by telephone, which shall never be unreasonably withheld by father. -2- - ',- ." 8. Each party shall keep the other party informed of his or her address and telephone number, and when the children are with that party, then that party shaIl inform the other party of the address and telephone number where the children may be found, 9. The parties agree that neither of them will attempt to hann, hinder, decrease or destroy the natural love of the children for the other parent. Neither parent will deprecate the other parent to the children. Both parents will strive to maintain harmonious relations for the children, and agree to urge the children and all third parties to encourage sllch efforts. 10. Mother specifically acknowledges and agrees that she will permit the children to reside with father outside the Commonwealth of Pennsylvania, provided father adheres faithfully to the terms and conditions herein set forth. IN WITNESS WHEREOF, the parties hereto have set forth their hands and seals this q ~y of -JrLn U4 ILl ,.<1 n1:-~ / q 9 't , - 52:~~"f;;7fj<a6 ;//// Wltliess \ ~(Juk: A. Krout . r -3- , . , . TH OF PENNSYLVANIA ) m I~ ) On-this, the Q. day V. 199 -.y, before me, 7fT\) ktf-e j. GhbQ~the undersigned fficer, personally appeared Jamie 1. Myers, known to me (or satisfactorily proven) to pe the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set m hand and official seals. /;-- /;1 .'"'- by: 7//~ / . ~, - .' AL . ,pAULETTE J. GIBBONS County Royerslord Borough. ~on~om~,1 2001 .C! misaion Ex Ires QV, , Title 0 fficer VANIA ) ) On thi" th, <i-I,",y oJ (f,jlU!'j 1 ' 199 L b<fm, m" ~fH...ll-e.:Yf J. CJ lbliV15 ' the undersigne officer, personally appeared . Rick A. Krout, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto se hand and official seals. . //.,-/20. by: .I11/1JJ1;CE: ..1 - AL SEAL . PAULETTE J. 18B ,oW)' Public' Aoyerslord Borough. ~ontgome1 ~~~ty M Commis.on ExpIres Nov. 1 . Title of Officet -4- ','~," ~ -, ., "ol",,__~'-'-'._o"C'" _.,...1 . , . ~ c.., ~: n I-d 0 H lJ> OHt<:I'"'JZ CJ :.: . <Z ~ H HZCJ>-3 ~ t<:I t<tnC::i:l: lJ> <: ><:.:t<:I 0 CJ Z III t< :J>t<1:Xl 0 0 . t<:I CJ<t<:ICJ ",,,, V1 :.: ::0 t<:I >-3:J>::OO :S8 Vl CJ'"O t<:I HZt<c:: ~~lS~z c::t< :;;: :.: OH:J>::O tnlJ> 0 '"0>< Z:J>Z>-3 w~ CO G) >-3H (0 ~ i-'t<:I 0 ~2J!~~ OZ ""'::0 P> ::0 I 0 0>-3 (0 0 1-" tn CJ'"'J ~ZVlt;iQo >< ::l c:: ::l- CJ 0 -0 tn ~ >- '"'J 0.>-3 IT c:: C::CJ ~~~~g 0 P> - I-" tn ZO ~<m>Vl ::0 ::l ,.." >-3 >-3:': ...>",,,,!:!! IT ,.." 0 ><:.: m~O Z 0 0 >> G'l >< Z - o m .... ;U '"0 0 t< '" t<:I w :J> tn t U\ ~ V-,;-.t ~ ~ ~ \ \~ \ ' I ~ ~ 1 ~ ~ ~ ~ .~ Lv ~ ~ ~ C) ~~ Q:it.. --, --j '_.J (fJ ~:.._' -< r-: ~l ~:~~, )> (~:: 2: :::2 " .. :-:';, f \~~ ~~:~ "-',-<; ::< '0 r JAMIE LEIGH MYERS, : IN THE COURT OF COMMON PLEAS Plaintiff . OF ctlMBERLAND COUNTY . : PENN,SYLVANIA vs. . . . CIVIL ACTION - CUSTODY . RICK ANDREW KROuT, . . Defendant . NO. 2000-931 . NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to de so the case may proceed without you and a judgment maybe entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE PA 17013 717-249-3166 ?J~j - ~;:rEtter DJ.ss:i.~r Attorney for Plaintiff tl r JAMIE LEIGH MYERS, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CIDmERLANDCOUNTY : PENNSYLVANIA vs. . . : CIVIL ACTION - CUSTODY RICK ANDREW KROUT, Defendant . . NO.2000-931 HENDEl) COJlPLAIN'l' FOR CUSTODY 1. Plaintlff is Jamie Leigh Myers, residing at 22 Fourth Avenue, Wormleysburg, Cumberland County, Pennsylvania. 2. DefeR<iant is Rick Andrew Krout, reslding 3305 Aberdeen Street, EI Paso, Texas. 3. Plaintiff seeks custody of the following chlldren: Name Jessica M. Krout Present Residence 3305 Aberdeen Street EI Paso, Texas79925 15 Age Daniel J. Krout 3305 Aberdeen Street EI Paso, Texas79925 14 4. The child were not born out of wedlock. children are presently at 3305 Aberdeen Street, in the custody EI Paso, Texas. 5. The resides of Defendant who 6. Durlng the past five years, the children have resided with the followlng persons at the following addresses: Persons Rick Krout Jessic.a M. Krout Daniel J. Krout Addresses Date Willow Avenue Strasburg, PA Jan. 1995 to Jan. 1996 f1 Jamie L. Myers JasEm Myers .;ressica M. Krout Daniel J. Krout Rick Krout Jessica M. Krout Daniel J. Krout Rick Krout Jessiea M. Krout Daniel J. Krout Wendy* Matt* Becka* Riek Krout Jessica M. Krout Daniel J. Krout Wendy* Matt* Beeka.* Rick Krout Jessica M. Krout Daniel J. Krout Wendy* Matt. Becka* 434 Bridge street Jan. 1996 to spring city, PA 19475 Jan. 1998 15202 N. 40th st., Apt. 118 Jan. 1998 to Phoenix, AZ 85032 Jan. 1999 15202 N. 40th st., Apt. 118 Phoenix, AZ 85032 Jan. 1999 to Nov. 1999 2836 East surrey Avenue Phoenix, AZ 85032 Nov. 1999 to Dec. 27, 1999 3305 Aberdeen street EI Paso, TX 79925 Dec. 27, 1999 to Present (*Last name of Wendy, Matt and Becka unknown.) 7. The mother of the children is Jamie L. Myers, Plaintiff who currently resides at 22 Fourth Avenue, Worm1eysburg, Cumberland County, Pennsylvania. 8. She is married to Jason Myers. 9. The father of the children is Rick Krout who currently resides at 3305 Aberdeen Street, El Paso, Texas. 10. He is not married. "d0'Ji~lIl '_,_, fI 11. Tile relationship of plaintiff to the children is that of mother. The Plaintiff currently resides .with her husband, Jason Myers and their daughter, Samantha Myers. 12 . The relationship of Defendant to the children is that of father. The Defendant currently resides with his children, Jessica M. Krout and Daniel J. Krout and his girlfriend, Wendy and her two (2) children, Matt and Becka. 13. plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court, except that a Separation Agreement dated February 1, 1988 (copy attached as Exhibit A), was incorporated into the Decree in Divorce which Decree is dated Decemliler 28, 1988 and represents that a Settlement Agreement dated September 26, 1988 is incorporated therein (see copy of Divorce Decree attached as Exhibit El). However, the Separation Agreement attached as Exhibit A dated February 1, 1988 is the only Separation Agreement siqned by the parties prior to the Decree in Divorce being entered. The parties amended their agreement by a "Second Addendum to Separation and Property Settlement Agreement" dated January 9, 1998 (copy attached as Exhibit C). 14. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or in any other jurisdiction. 15. Plaintiff does not know of a person not a party to the proceedinqs who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 16. The best interest and permanent welfare of the children will be served by grantinq the relief requested because the father has requested the mother to take custody of the children. The children want to come reside with mother but the father refuses to transfer n custody unless the mother, Plaintiff herein, waives all rights to child support. Furthermore, on January 31, 2000 the mother, plaintiff herein, spoke with the parties' minor children and they told her that if they did not start bugging her to relinquish all of her rights to child support and all her rights to have the ehilcken covered by their father' s health insurance provider, their father was going to ground them. 17. Each parent whose parental rights to the children has not been terminated and the person who has physical custody of the children have been named as parties to this action. All other persons, named below who are known to have or claim a right to CQstody or visitation of the children will be given notice of the pendency of this action and the right to intervene: None. WHEREFORE, Plaintiff requests the Court to grant custody of the children to mother, Plaintiff herein. Respectfully Submitted: DISSINGER , DISSINGER - BY~~~~'_ .~ ary A. E ter D1ss1nger Attorney for Plaintiff Supreme Court I.D. #27736 400 South State Road Marysville, PA 17053 (717) 957-3474 ,.t,~ 1I f VERIPICA'UOB I, Jamie Leigh Myers, verify that the statements made in the complaint for CUstody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S4904 relating to unsworn falsification to authorities. -'"''''. n JAMIE LEIGH MYERS, . IN THE COURT OF COMMON PLEAS . Plaintiff . OF CUMBERLAND COUNTY . . PENNSYLVANIA . vs. . . : CIVIL ACTION - CUSTODY RICK ANDREW KROUT, . . Defendant . NO. 2000-931 . CERTXFXCATB OF SERVXCE I, Mary A. Etter Dissinger, Esquire, hereby certify that on the date set forth belOW I served a true and correct copy of the foregQing dlXlument upon the defendant, by First Class United States mail addressed as follows: Mr. Rick Andrew Krout 3305 Aberdeen street EI Paso, Texas 79925 Date: 2/..).5) ()V , ?~ Mary A. Etter Dissinger, Esq. ~ ^ . c H 21 :;0 c., (l H ;J>' >-3 ~ 0 (l :s: 0 ::r: :s: ~ H "J t'j ~ 0 '1J t'j I:" ;J>' '1J (l (l en'" Vl ;J>' 21 I:" t'j c:: 0 <0 Vl FO - H 0 t'j 21 :s: c:: ~h;~~z 21 )> 0 :;0 <: '1J H 21 tll :;0 >-3 :s: (i) t'j m r-'C;) CIl t'j >-3 w" COG) t'j I'll :;: . '" ::r: >< :;0 ~2:t!~ ~ "J 21 (i) ,.... I:" I:" 0 0 0 ::; ~ ::; :s: <: ;J>' "J gZIJ\~Qo :;0 t'j p..:;o ("1'>< ;J>' 21 -oVl-l> 0 '" 0 ,.... t'j 21 0 (l ~~~-tg (l ::; c:: 1'11:;0 H 0 ~<m>Vl c:: ("1'>-3 I'11C1l ;J>' (l :s: -....:>~~Vl CIl - - 0 :s: ~?;O Z >-3 c:: 0 >> Gl 0 21 21 - o m 0 >-3 ...., ;>:J >< >< '1J 0 I:" '" '" t'j ;J> CIl '~I Ci~ '\) (: . , --1 Uj ~!.,- ;fc, {~<; .."~' ~; ':':-i -< . , - .: (-") t~J ( ) ~ .., , co ,-=:_:'i ::0 -< .... RICK ANDREW KROUT, Defendant. ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMIE LEIGH MYERS, Plaintiff, v. CIVIL ACTION - CUSTODY No. 2000-931 OBJECTION TO JURISDICTION - SPECIAL APPEARANCE TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW RICK KROUT, Defendant in the captioned case, and enters his special appearance for the sole purpose of objecting to this Court's subject-matter jurisdiction and venue in this case pursuant to Pennsylvania Rules of Civil Procedure 1915.2 and Pennsylvania common law. In support, Defendant shows that the Defendant and the children the subject ofthis suit have resided outside the State of Pennsylvania and the County of Cumberland for more than six months prior to the time Plaintiff filed her petition, No court has continuing, exclusive jurisdiction over the children, No grounds exist for Pennsylvania to assume jurisdiction in this case pursuant to 23 Pa.C.S. s5344(a): The "home state" of the children is Texas. It is not in the children's best interest that Pennsylvania assume jurisdiction because the children are residents of the State of Texas and therefore live too great a distance as to render it inconvenient and expensive to travel to Pennsylvania for this proceeding, and the children have no significant connection with the Commonwealth of Pennsylvania. The children's mother, who is a resident of Pennsylvania, does not pay child support for the children or provide any other support for the children's welfare or protection. The sole provider of support, welfare, protection and training of the children is and has been the Defendant, who is also a resident of the State of Texas. Finally, there is no emergency requiring Pennsylvania to assume jurisdiction under the "parens patrie" doctrine, ~~ --, . ",~ ,. Defendant further shows that Plaintiff is aware that this Court has no jurisdiction, but has nonetheless chosen an improper forum for this suit. Defendant prays that this case be dismissed for want of jurisdiction. e=......)(J({!IC-- RICK KR UT 3305 Aberdeen Street El Paso, Texas 79925 STATE OF TEXAS ) ) COUNTY OF EL PASO ) Before me, the undersigned Notary Public, on this day appeared Rick Krout, who stated on his oath that the statements contained in the foregoing Objection to Jurisdiction - Special Appearance are within his personal knowledge and are true and correct. C OCW' RickKrout SV(~Al'~~ SUBSCRIBED T\Sefor me this<\~ day of March, 2000. " ""v.....~'O/"", $0~.:\I',RY .o..:-~/-:. :: :;:f-.'~o u<s>.:Y. -:, . ::~. *.-:.?,:-:, E [~O~~E Notary P blic, State of exas : 0 j7~ 0 ,.l>: ': 00 ~ .-l~" ~ ':. .. OFT'C-l-.o :: ~ of Jr. . ~ " o,~.~/res 00. ...... , IJ 00000 "''' "" . 7 5-03 "" I'"".""" CERTIFICATE I hereby certifY that I mailed a true copy of the forego~ to Mary A. Etter Dissinger, 400 South State Road, Marysville, Pennsylvania, 17053 on March'1D.., 2000; and to Dawn S. Sunday, 39 W. Main St. Mechanicsburg, Pennsylvania, c ,CRew Rick Krout 2 'f ~ I ~ ,- ,,- 0."' " C" ~"'''''''' - , ""." ,....,..-.~~ft" ''''''1'....''''''~ r '>'"~"'"<-~ '-.-- :.::j -, , '-"- ., . C) q o --;" ::.:1 s:? :I1 (D ~~. ",--(,.11 .. ~ ... n JAMIE LEIGH MYERS, Plaintiff vs. RICK AWDREW KROUT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERlJIND COUNTY PENNSYLVANIA : CIVIL ACTION - CUSTODY : NO. 2000-931 CBRTXFXCATE OF SERVXCE / I, Mary A. Etter Dissinger, Esquire, hereby certify that on the date set forth below I mailed the Order of Court dated February 28, 2000 scheduling the Conciliation Conference for April 13, 2000 to the following individuals: Date: 3, /7 /0-0 , Jamie Leigh Myers 22 Fourth Avenue Wormleysburg, PA 17043 Rick Andrew Krout 3305 Aberdeen street EI Paso, Texas 79925 ~ ~~~ Ma~. Etter D1ss1n~, Esq. -- ...... " -. JAMIE LEIGH MYERS, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA vs. . . : CIVIL ACTION - CUSTODY RICK ANDREW KROUT, Defendant . . : NO. 2000-931 ORDER OP COURT AND NOW, <:9/;;).fi 2000, upon the attached complaint, it is hereby directe and their respective counsel appear efore the conciliator, at 37.' -. '7Y!. ~ /J . day of , 2000, at for a Pre-Hearing stody Conference. At such 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. consideration of that the parties :5. FOR THE COURT, By:15r ~ 5.~~ ~ Custody Conciliator . . \ em..! /eL- . The Court of Common Pleas of cumberland County is required by law to comp~y 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 by made at least 72 hours prior to any hearing or business before the court. You must attend scheduled conference or hearing. YOU SaOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO , NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TaE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE TE:.;';.; C':>'! q:--'.~ ""'~ CARLISLE, PA 17QiP-csr',cc.;./ ,. i:,'...-~, '::' ,., ;<:.,ORD 717-249-3166 _ J,.-'''',.. '; '-"~";; ':JS ';'-,1., sd ilIV h nd allG die S2C;, 0:: s~.:,:: C:}U(~ at (2(;;:3;7\ Pa' This _c??___., day of(::j;t:~ "', ' ....,......~~-..K__ ~.j.~~-;, ~ ~~r' Prothonotary or "'" ~_ijUH!1 ,_~ ~ .- () C) 0 c C) ".., :g:: ::JC: :~ "T! -VCO ~ rom m~ z:n zs:; .s:- =B~ UJ. "" Sl. "< L,. \<0 -u ':::r:-n ~8 ::.t ~0 ~ orn :>c ~ ~ <:) 0> ~ ='-' '" ~-~ ~ .~ '--""'. .. l! JAMIE LEIGH MYERS, Plaintiff VS. RICK ANDREW KROUT, Defendant ,-- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - CUSTODY NO. 2000-931 CERTIFICATE OF SERVICE I, Mary A. Etter Dissinger, Esquire, hereby certify that on the date set forth. below I mailed the Order of Court dated February 28, 2000 scheduling the Conciliation Conference for April 13, 2000 to the following individuals: Date: J/7 / {f1J , Jamie Leigh Myers 22 Fourth Avenue Wormleysburg, PA 17043 Rick Andrew Krout 3305 Aberdeen street EI Paso, Texas 79925 =-;41 ~ Mary ~ Etter D~s ~ngeL, E..y'~ - , ... ~ ~. JAMIE LEIGH MYERS, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA vs. : CIVIL ACTION - CUSTODY RICK ANDREW KROUT, Defendant NO. 2000-931 ORDER OF COURT AND NOW, C;>/;;Jr:; 2000, upon the attached complaint, it is hereby directe and their respective counsel appear before the conciliator, at...37: -. a '. 1.1 day of , 2000, at //;tpA ~.m., for a Pre-Hearing custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. consideration of that the parties :s: FOR THE COURT, By:/$( ~ 5.<$~~'~ Custody Conciliator (7b)/EL- 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 by made at least 72 hours prior to any hearing or business before the court. You must attend scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE T;:;'::C~')v 'c")r, ' , ",. CARLISLE PA 17Q'....:: ..' ,- .' ,,'., (i>' ",'.)', ;.;~'-:('l"D , ?-~2.-ST:i:'Yjr"! \' L"""-.__.F : ',. , ... '. to< I. 717 249 3166 ...., ..,'-",." ; ,,,erG :,.',..., C,;' ".. h nd - - and lhe s2a! of S~.::: C~}Jft 2t C~r;is;;:'lr~:r I i This ,.<:27' I, t "-'cd _ / . .........:. coY oi..~~.....h.' .. U ...........~.ht.4....k... .~ ~ ~ ~?' PiOthonotary 1_ 'II!l . ~,H'_ -, --~ ........- .... ,"'-"- 0 0 '? c 0 <" ::c ::::! -of'; ,,. S2ri~ ;:.!-'t1 :0 :00 ' ;1;= ZC;-~ 8~ ~,d"':'; &:' ?C. \<0 -0 ::;:!-T' :zO ::a: ~~ :;:;g tf! ~ ~ 0 ~ CT\ ~ ;_ k _ __ '''_-' ._ .mIITI!I!"'_ ,_ _Ill J "_._,= - ~- ~"'~'''''~ .~, . ""' JAMIE LEIGH MYERS, Plaintiff vs. RICK MDREW KROUT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - CUSTODY NO. 2000-931 AFFIDAVIT OF MAILING COMMONWEALTH OF PENNSYLVANIA COUNTY OF p~ ss . . . . Matthew D. strohm, Esquire, being duly sworn according to law, says that he mailed by certified, restricted mail, return receipt requested, a true and correct copy of Plaintiff's Complaint for Custody in this action to the Defendant. at his residence, and that Defendant did receive same as evidenced by the signed receipt attached hereto as Exhibit "A". ~J;~~ Matthew D. Strohm 400 South State Road Marysville, PA 17503 717-957-3474 to and sub~~rAPe.d e this ~ day , 2000. NOT "'R~\l SEAL JODI A. 1A<"':El Y, Notor;' Public Mary;:''1i11tl morc, Perry County My Cem,ni.cion Expire. April 7, 2003 c;; '0 'Iii .. '0> -Ii ~ .. = 8 '0 $: .. ;;: S. o " SENeEf:l: --~.-- ..-'"~'~ to- ... . .' , I also wish to receive the follow~ Ing services (for an extra fee): a Complete items 1 and/or 2 for additional services. Complete items 3, 4a, and 4b. [l Prill!: your name and address on the reverse ot !his form 50 that we can return this ca<<fki you. --~ l:l Attach this form to the front of the mailpiece, or on the back if spaCe does not permit. Cl Write "Return ReceiPt Requested" on the maUpiece below the article number. [J T\1e Return Receipt wI" show to whom the article- was delivered and the date _ delivered. 3. Article Addressed to: 1~(e.K.. AiVOt<.GfAJ /{/Cwr 33D5 f1l>ae/)E~N 5rR..E~I ,E;L fA-sO 7X '1qq~ 'T 1. 0 Addressee's Address 2. ~ Restricted Dell very 4a. Article Number 7-4'-/" 4b. Service Type o Registered o Express Mail o Return Receipt for Merchanr.llse 9/5 Gf Certified 6 Insured DeOD B. Addressee's Address (Only jf requested and fee is paid) 102?95-99-B-0223 ,'"i' "" oj " os: , iii -<I) , -, 0.' 'iii' " .. 0:: < ~ 0> = ~ .2 = g, )<' " .. .<: I- Domestic 'l.oMn 'leceipt . 3-otJ-/L~~~ 0 <::> 0 c 0 -n -> X $... ~" "Om '::D i~-n g:Jm 'AJ "r _...v --('ltn ZC- -o~ m5;: ,J:'- b -<- \<0 --f -) --0 ---31 -'- ?2:0 -'.,.... q~ - :,>0 ca <:5 c ~ z 0 =<! (J1 -< PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CIVIL LAW -CUSTODY Jamie Leigh MYers (Plaintiff) vs. Rick Andrew Krout (Defendant) NO. 2000-931 Civil Custodv 2000 1. state matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Objections to jurisdiction 2. Identify counsel who will argue case: (a) for plaintiff: Mary A. Etter Dissinger Address: Dissinger & Dissinger 28 N. 32u street Camp Hill, PA 17011 (b) for defendant: Karen A. Pelletire Address: 4157 Rio Bravo EI Paso, TX 79902 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: April 26, 2000 eJtl::i~t: Dated: 3/23/00 ,~, ~~ ...",,,"'! . " - """ ~"","",,fij~( , n_'tTI'Wlll---..q , --0 c ;s:: -a-CD 9.2-!:P, z~- ~~ !<CJ ?c Le.S Pc z =;! . .. ~~~r..'.iP;lJlp"'Wl)'f!i!~.., __."., ~'F .,._"._""'~ .C>. o :::l!: """ ?O N .c- -0 ::r; b -n :.:J :".hfI! '(,1m ',~'l CJ ;;':1(~) -..,.. -j-, i~-::;;; ::n >4(") Orn 5'" ::0 -< f:-? .",", .S:- ~1!1',_~~f7~~i! " ,. JAMIE LEIGH MYERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. CIVIL ACTION - CUSTODY RICK ANDREW KROUT, Defendant NO. 2000-931 MOTION TO DISMISS DEFENDANT'S OBJECTION TO JURISDICTION AND SUPPORTING MEMORANDUM OF LAW AND NOW, the Plaintiff, Jamie Leigh Myers, by her counsel, Mary A. Etter Dissinger, Esquire, moves the Court to dismiss the Defendant's Objection to Jurisdiction based on the following facts: 1. Plaintiff is Jamie Leigh Myers who resides at 22 Fourth Avenue, Wormleysburg, Cumberland County, Pennsylvania. 2. Defendant is Rick Andrew Krout who resides at 3305 Aberdeen Street, El Paso, Texas. 3. Plaintiff is Daniel J. Krout. the natural mother of Jessica M. Krout and Defendant is the natural father of Jessica M. Krout and Daniel J. Krout. 4. On Custody County, February 17, 2000, Plaintiff filed a Complaint for of Jessica M. Krout and Daniel J. Krout in Cumberland Pennsylvania. 5. On March 14, 2000, Plaintiff received Defendant's Objection to Jurisdiction and Special Appearance. 6. From January 1995 to January 1998, the children resided in Pennsylvania. (See Amended Complaint for Custody, paragraph 6) . , ,... 7. From January 1998 to December 27, 1999 the children resided in Arizona. (See Amended Complaint for Custody, paragraph 6) . 8. From December resided in Texas. 27, 1999 to the present, the children haVe (See Amended Complaint for Custody, paragraph 6) . 9. No court has continuing, exclusive jurisdiction over the children. 10. The children and one contestant resided in Texas for a mere six weeks before this custody action was initiated. 11. Texas is not the children's home state and there is no close connection of the family in Texas. 12. Texas lacks the presence of a substantial amount of evidence concerning the present and future care and training of the children. 13. The children resided in Pennsylvania for ten to twelve years prior to 1998. 14. A substantial amount of evidence regarding the present and future care of the children exists in Pennsylvania. 15. The children and both contestants have maximum significant contacts with Pennsylvania due to their long-time residence in the Commonwealth. 16. It is in the best interests of the children to continue jurisdiction in the Commonwealth. WHEREFORE, Plaintiff moves this Court to dismiss Defendant's Objection to Jurisdiction because the children and u \- ". both contestants have significant contacts with the Commonwealth- and it is in the best interest of the children for jurisdiction to remain in the Commonwealth. Respectfully Submitted, DISSINGER & DISSINGER By: M ry Atto ney for Plainti 400 South State Roa Marysville, PA 17503 (717) 957-3474 squire [. -.... I-;,,_~. 'T"''- n " ., VERIFICATION I, Jamie L. Myers, verify that the statements made in the Motion to Dismiss the Defendant's Objection to Jurisdiction and Supporting Memorandum 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. ~d~f{/5 n JAMIE LEIGH MYERS, Plaintiff vs. RICK ANDREW KROUT, Defendant f , '- -' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - CUSTODY NO. 2000-931 CERTIFICATE OF SERVICE I, Karen L. Koenigsberg, of the law firm of Dissinger and Dissinger, hereby certify that on the date set forth below I mailed by United States First Class mail, postage prepaid, the Motion to Dismiss Defendant's Objection to Jurisdiction and Supporting Memorandum and Proposed Order upon the defendant and the attorney for defendant: Date: March 21, 2000 Rick Andrew Krout 3305 Aberdeen Street El Paso, Texas 79925 Karen A. Pelletire, Esquire 4157 Rio Bravo El Paso, TX 79902 ~ '" 0 ~.... Vi ::;8 Ul ~~~~o ~ w C m ':'''''C-f~;o ~~:r:~_, ~ZVlVlQO -oV1-f)>. ~rS~:--i 0 ~<m>v; ;j>;!;I<~ ~~o<z >> Gl _0 m " ;0 o <.n w 1\ ."" . "~ '.' ,; . " t"':J;;0:S: :J;;Ztl10 :>::Ot..o>-3 OjH Ul()O C>-3Z "OH "00>-3 OZO ;0 >-3>-30 HOH Z Ul c;)t..o:s: CH :S:;oUl OjHUl :S:Ul 000 ;oHOj :J;;()"'J Z>-3Oj OHZ coo :S:Z:J;; Z o >-3 "'J - Ul ;0 H () ~ :J;; Z o ;0 OJ 0:>:: (1) Hl~ (1) ;0 ::l 0 o.c 0> >-3 ::l- rt <: {Jl t..o :J;; :3: H OJ t"' OJ H c;) "O::t: f-' 0> :s: .....><: ::l OJ rt;o ..... Ul Hl- Hl Z()"OOH o H OJ "'J.Z . -< Z HZ()>-3 '" t"' Ul C ;::t: o ; ><: :3: OJ O:J;;t"'1:Jj on:-<Ojn I >-3.:J;;::<l..o \DHZt"'C WOH:J;;::<l ~ Z;:J;; Z>-3 o I 0 ()"'J () 0 C e() Ul z.o >-3 >-3:3: .0 ><::3: o 0 ><: Z "0 t"' OJ :J;; Ul n 0 C) ,- ,; (=) "T1 __:.l.o :'4 c. ~:,):.J "J =,'] ;',,) hi , ':::J , , I 0 '''0 'Ii -- 2J () S-? z,:i~~~ ~; ;:';:"1 ::::j ~') ~~ -<: VI :0 -< ;:)"'-.,,;~>,. '~.' '$J .~.. .~. ,~ f ..ie" ~-, ~)~ : !t.. t t m. '1' iiL i. . Id I' .1...'..... ., ,,""'" ...... '.'.' . . f '1". L.';.,. , " .;- ~-~ J: '....., .- - - ~-';>~---;:;;:.;'~~~';~'!f,;:--rl1:.,..";;';.~' "",'r__,,~ ~~~~ ~~ f ~-.~~ ~ ~"~ ,~ \~,/~\~ _~I ~-..~ ~ t~;l: It':'~:'';;~;, :"';~:" ;,;.... " , ',,:,;;::, " ~ '~~~l~,lsii~f 't.. :"";';~,i~~~?l! r-'.- . -:~~~;;> . J~.;" .-..... !E. h ~iS f"", ~... !J!'" z~ ~; ;;;" zg ~'" ~ o i:l ~'. ~ ..... lj\ t:l lj\ lj\ (J'> lj\.... . >. ..... ::::: ~~~ ::::: t<:) +-t +-t ~"'~, . '::"~_. ~ ~;;..:. .---, I i>- ~ol>oll>'t:l OI-3H 01-300 t< 000 ooOO!:dH <:02:2: HSt>JG'l ~:I:~rd t>J00ll>'''' 1-31-3 'tlll>' t:l ll>'I-3I:"'H t>;!ll>'00 ~oo i-'!:d H ""0 2: oll>' G'l ~t:l rd 111 .-":"n '" .. .~- .'J.' M:-_ --.. i ,._ . "~"'~~-_-~~__---'---'"-4-. ..,;-\. <: ii:e' ;'t fI r JAMIE LEIGH MYERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. CIVIL ACTION - CUSTODY RICK ANDREW KROUT, Defendant NO. 2000-931 PROPOSED ORDER AND NOW, 2000, upon consideration of the attached motion and legal memorandum, it is hereby ORDERED that Defendant's Objection to Jurisdiction is DISMISSED and it is directed that the parties and their respective counsel appear as scheduled before Dawn Sunday, the conciliator, on April 13, 2000, at 11:00 a.m., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: J. , f! I JAMIE LEIGH MYERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. CIVIL ACTION - CUSTODY RICK ANDREW KROUT, Defendant NO. 2000-931 PROPOSED ORDER AND NOW, 2000, upon consideration of the attached motion and legal memorandum, it is hereby ORDERED " '! that Defendant's Objection to Jurisdiction is DISMISSED and it , is directed that the parties and their respective counsel appear as scheduled before Dawn Sunday, the conciliator, on April 13, 2000, at 11:00 a.m., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: J. ~- ~, i, JAMIE LEIGH MYERS, " Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. CIVIL ACTION - CUSTODY RICK ANDREW KROUT, Defendant NO. 2000-931 PROPOSED ORDER AND NOW, 2000, upon consideration of the attached motion and legal memorandum, it is hereby ORDERED that Defendant's Objection to Jurisdiction is DISMISSED and it is directed that the parties and their respective counsel appear as scheduled before Dawn Sunday, the conciliator, on April 13, 2000, at 11:00 a.m., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: J. . .'1 JAMIE LEIGH MYERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. CIVIL ACTION - CUSTODY RICK ANDREW KROUT, Defendant NO. 2000-931 PROPOSED ORDER AND NOW, 2000, upon consideration of the attached motion and legal memorandum, it is hereby ORDERED that Defendant's Objection to Jurisdiction is DISMISSED and it is directed that the parties and their respective counsel appear as scheduled before Dawn Sunday, the conciliator, on April 13, " 2000,. at 11: 00 a.m., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: J. w - II I JAMIE LEIGH MYERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. CIVIL ACTION - CUSTODY RICK ANDREW KROUT, Defendant NO. 2000-931 PROPOSED ORDER ANDN~, 2000, upon consideration of the attached motion and legal memorandum, it is hereby ORDERED that Defendant's Objection to Jurisdiction is DISMISSED and it is directed that the parties and their respective counsel appear as scheduled before Dawn Sunday, the conciliator, on April 13, 2000, at 11:00 a.m" for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: J. . " - - JAMIE LEIGH MYERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. CIVIL ACTION - CUSTODY RICK ANDREW KROUT, Defendant NO. 2000-931 PROPOSED ORDER AND NOW, 2000, upon consideration of the attached motion and legal memorandum, it is hereby ORDERED that Defendant's Objection to Jurisdiction is DISMISSED and it is directed that the parties and their respective counsel appear as scheduled before Dawn Sunday, the conciliator, on April 13, 2000, at 11:00 a.m., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: J. 7.~ ?~0,;~}z:;n;;Slf,:;f'(;Y :;:T~< ,~rig:iE ~,~!:'t~\~Vj~1YiJ:::;;:--';' ;_:o~~~::,~" ... <::> <::> '" o " S" ~ ~ ~ '" 8 2' ;3 ~~ 0:: ., ~ ~ ~ ~ " ~ ~ ...., <::> en w , '" - (f) r:.J'J - Z o tT1 :::0 t'JW>O t<WH on 't1(J1~ ~ Ul~~ Otll2: t'JO >0>0 ot'J >-3t'J=-: xt'J 2:~ >0 -..JUlO "'>-3e "'>0>-3 lVt'J (J1t'J >-3 , .. " ,- '--........ .>f-,.....-..... i '4. , e, :1 c :t JlW'{":~;:~:/_,-' ~"~S:'i-:~i~~-;:~:;;1"'-~:I';;~"c_r',S";Ji~,i~~>i!.,}j~;;~'B'_;:f-?t<-::;~-;!i0;7:,l ,'fi~'0Tf:;I;.j~1fJ'&~f:{; ~;';; 5:~;"~-i';;i ~~;:;: ~i:f~;'!J/{~i;f' i'i"ill! .. <:> o en o " ;;. en g :> '" ~ ~ g~ o..~ . '" :s:: '" " ~ -a t-< ~. '" if!: ;; ~ ...., o '" '" , :"',~",c",^- ,,:Or"'" ~. :,~, - (J) OJ - Z o tT1 :::0 t>1..,.~ I:""'~~ U1~ 'tJ-..Jt>1 ~~Z OH~ o 'tJ I-3tJ:1t>1 :x,~ I:""' ~I:""' -..JC3t>1 \0 ~ \0 l:<l a t>1 N t>1 Ul iO c:: H ~ t>1 II l~ : ~' ~' r:, I , I , , i I I ''';;;r~;'''' ,- ., '~\ ",,\2~i((;~\1-4~i:,;r!jj;t;.':~1' .'~i'}~~d;f!\i'!2iJ;;a?J;':ir] Praecipe for Rick Krout (4/20/00) JAMIE LEIGH MYERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COIUNTY, PENNSYLVANIA v. RICK ANDREW KROUT, Defendant CIVIL ACTION - CUSTODY NO. 2000-931 PRAECIPE TO ENTER AN APPEARANCE To the Prothonotary: Please enter my appearance specially as attorney for Defendant for the limited purpose of arguing jurisdiction in the captioned case, \ FLOWER, FLOWER & LINDSAY Attorneys for Defendant 'i I I I j II 1 , BY:~~ , Thomas E. Flower, Esquire 11 East High Street Carlisle, PA 17013 (717) 243-5513 I.D.#B3993 ;j ., :j , ti 11 Jr""'" ""'1'._1" . ,~ -_c'; li ,'.'" ,~..:......~ f~ ;',;;d ,',;". """ ,; ",""","", ,o,,_,~',.<_1 "''''OW C) '::-) t".' \( ~; 0 Ti ::->.. LJ [r:~ ~'-D =;d rn "i~ :::.) ~ f'...) y' ,,, , C) ; ~ - () r:: c_ -u :.; ~; C~: ~..j.b. - - C) C) " {",j J> C '.:~ '=:! " -I ,:,-'0 :0 -, f>..:, ..< Ii .^> .:~!F;JJJ -, "^.' ~ . ' V~ ' , - ,-,,~. >-\-""",,;>'-.,. ~ , ~ - JAMIE LEIGH MYERS, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. RICK ANDREW KROUT, Defendant CIVIL ACTION - CUSTODY NO. 2000-931 ORDER OF COURT ""d .".~ thJll '1.'1 d" of ~"" 2000, .tc ~~~,~;;;; i:: "~"'t, th;, ~I1VVV"UL-) --:C"S \) fftt, idt) _ aclliW-.is continued l:IRtil May 31, 29ga... By the Court: /_~/ /-' ! 0Ct ? ~ 6,00 \.~ ~t~ J. i~ I': f;: fl '" , " I! I': " " i., iJ t' , i.: ! i,~ i': i;:, : ~i ':1 i I::' Ii! I'" I : ~ . , JIiii Lmc..ccwc ., -~ ~- Ii II JiIJIIllt!lii! ',-, -~,- -.- , ". n7 , ;"c 1"(.') it!9;', il /;' ;'.. , /j. "/f///, '<1h:,. 'I I: '() I~;/\J' ". _ ',;.-;. I- f.:tt7V0)ii;;,2~tj\!;y i{tYi ,--,. --, , .,. -~",. c JAMIE LEIGH MYERS, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. RICK ANDREW KROUT, Defendant CIVIL ACTION - CUSTODY NO. 2000-931 RULE TO SHOW CAUSE And now, this day of April, 2000, a rule is granted to show cause why this action should not be continued, Rule returnable day of , 2000, at (place), at (time). All proceedings to stay meanwhile. By the Court: J. . . ~etition for Continuance for Rick Krout (4/20/00) JAMIE LEIGH MYERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. RICK ANDREW KROUT, Defendant CIVIL ACTION - CUSTODY NO. 2000-931 , Ii Ii I I PETITION FOR CONTINUANCE , ! i To the Judges of Your Honorable Court: ! This Petition respectfully represents: 1. I was retained yesterday in the afternoon of April 19, 2000, to represent Defendant in the captioned case, which is scheduled for argument on the question of this Court's jurisdiction on April 26, 2000. 2. Defendant resides in EI Paso, Texas and had difficulty obtaining local representation. 3. Defendant's attorney in EI Paso, Texas, Karen Pelletier, by special appearance, filed an objection to this Court's jurisdiction, but she is not admitted to practice in Pennsylvania. 4. Local Rule 210.6 requires Defendant, as responding party, to submit a brief no later than tomorrow, when the Courthouse will be closed for Good Friday. I .I , Ii 11 II iJ ,! Ii 1:1 :) I" I ,~ Ii I;~ ri I,C 5. The issues are complex and I have had no chance to develop the factual basis necessary for determining this Court's jurisdiction over Defendant and his children, who reside in Texas. Petition for Continuance for Rick Krout (4/20/00) 6. Opposing counsel refuses to consent to this continuance. 7. I know of no reason why granting this continuance would result in prejudice to Plaintiffs cause. B. I therefore respectfully ask that this Court grant a continuance on this matter until the next following Argument Court. FLOWER, FLOWER & LINDSAY Attorneys for Defendant Date: if ~ "2--0 - ZcrfH) B~~ Thomas E. Flower, Esquire Petitioner 11 East High Street Carlisle, PA 17013 (717) 243-5513 I.D.#83993 I . . JAMIE LEIGH MYERS, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. RICK ANDREW KROUT, Defendant CIVIL ACTION - CUSTODY NO. 2000-931 CERTIFICATE OF SERVICE '"L,,;1h day of IL' 0 AND now, this ~ ~ , 2000, I, Thomas E. Flower, of the law firm of FLOWER, FLOWER & LINDSAY, P.C., Attorneys, hereby certify that I served the within Petition this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Mary A. Etter Dissinger, Esquire Dissinger & Dissinger 400 South State Road Marysville, PA 17053 FLOWER, FLOWER & LINDSAY Attorneys for Defendant I. ,. I f I I BY~~ Thomas E. Flower, Esquire ~ ID # 83993 11 East High Street Carlisle, PA 17013 (717) 243-5513 I I I I.' ,I , r'.'. , ['I ,I I'., I' I' ,:, [")- ~ . , ,,', ". .' " .. ,'. '.. ........."....' .' '''. '. '^- -0(';" ~~;:i ~r~ ::--="""C: Pc z- --I -< () r-~ " ,~-~, nM II !I :-:-~.,. .J "",) c.-=, l~~~ Ct) !1 . -.~'_.".~~. - '"'~, "^""""'-.~ JAMIE LEE MYERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW RICK ANDREW KROUT, Defendant NO. 00-0931 CIVIL TERM ORDER OF COURT AND NOW, this 1st day of June, 2000, following a hearing on the merits, this court assumes custody jurisdiction on the within cause of action. The case is referred to conciliation before Dawn Sunday, Esquire. Pending the entry of a final order, temporary physical custody of Jessica Krout, born September 4, 1984, and Daniel Krout, born November 9, 1985, is awarded to their mother, Jamie Lee Myers. The father shall have periods of temporary physical custody as agreed to between the parties. By the Court, (" '. J.~~ It, -). -dO ~K3 Edgar Mary A. Etter Dissinger, Esquire For Plaintiff Thomas E. Flower, Esquire For Defendant Sheriff prs ,.1. - 1, "', "c- -~ ",~'. j" ", ..'~ ~. '~>>" \:\' t:r\A"':r.!("C ,,' d:.:Jf"-,,I",/t.- I'V= 't' iC' ""0("'" "~"'O",(')\{ Vr .:-'F_._ ;>';'<,,)1(<.,}li" It"", 00 JUt! -I Pi1 31 50 CUM8E.HLA.I\)D couNTY PENNSYL\JANlA !!! JAMIE LEIGH MYERS, . IN THE COURT OF COMMON PLEAS OF . Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 00-931 CIVIL TERM . . RICK ANDREW KROUT, . CIVIL ACTION - LAW . Defendant : IN CUSTODY aIDER OF CCiURT AND J:ID'l, this Ot"--daY of consideration of the attached CUstody and directed as follows: li4- 1 2000, upon Conciliation Report, it is ordered :t. The Mother, Jamie Leigh Myers, and the Father, Rick Andrew Krout, shall have shared legal custody of Jessica M. Krout, bom September 4, 1984 and Daniel J. Krout, bom November 9, 1985. 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. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. The Father shall first contact the Children's school district to request that a copy of all school records and information pertaining to the Children be forwarded to the Father directly. In the event the school district is not willing to comply with the Father's request, the Father shall notify the Mother, who shall provide copies of the requested information to the Father. The Mother shall notify the Father of all major developments conceming the Children's conduct, performance in school and other social developments. 2. The Mother shall have primary physical custody of the Children. 3. The parties agree that it is desirable for the Father to have custOdy of the Children during the summer school breaks. AccordinglYI the parties shall cooperate in continuing their attempts to reach an agreement as to specific custody arrangements for the summers. In the event the parties have not finalized a signed agreement establishing summer custody arrangements by March :t, 2001, either party may contact the Conciliator to schedule an additional CUstody Conciliation Conference to address the summer custody issue. 4. The Father shall have partial custody of the Children at any time the Father travels to Pennsylvania upon providing reasonable notice to the --,-,~ bSJi'''''';''' , lIiIIilli"'''"''' ~z_ ~;'l~'~o ~"-~" -~- -< ~, -~,~- .,"-- - " ,-~~"" ~ ~MI'1-",'~ -flt~~1Y - . ~..- -~ - "":->- '\ - ,-,' , '. ,.' . ,. ., ~" Ch / . AC /') '~'f/' vi;? .;;: <'<:? .AI .,~/, Y) (J./' ~ ..,..~;., '~''''''X' l4 ~ "~ X>. ".,,,,,. /0 ::;:,,/~ ~'13--A'A l.!ff '" ' ~~- A 01; ~~ ;y.(. ~)- ~4Ib '$ v~~ !iJ , . Mother. 5. The patties shall alternate having custody of the Children over the entire Christmas school break, with the Father having custody of the Children in odd numbered years and the Mother having custody in even numbered years. 6. The Father shall be responsible to pay the costs of transportation for the Children for exchanges of custody until such time as a Child Support Order is entered by the Court, at which time the airline or other transportation costs shall be apportioned between the parties in accordance with the child support allocation percentages. 7. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. J. cc: Mary A. Etter Dissinger, Esquire - Counsel Rick Andrew Krout, Father for Mother ~ 00 Cb'\O~\ c ~1f ^~" ~ " , . JAMIE LEIGH MYERS, : IN THE mURT OF mMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA . . vs. : NO. 00-931 CIVIL TERM : RICK ANDREW KROUT, : CIVIL ACTION - LAW Defendant . IN CUSTODY . PRIOR JUDGE: Edgar B. Bayley CUSTODY CCECILIATIQiI SUMMARY REPCRT IN ACCORDANCE WITH CUMBERLAND CXlUN'l'Y 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 subjects of this litigation is as follows: NAME DATE OF BIRTH CURREl!iTLy IN CUSTODY OF Jessica M. Krout Daniel J. Krout September 4, 1984 November 9, 1985 Mother Mother 2. A Conciliation Conference was held on July 26, 2000, with the following individuals in attendance: The Mother, Jamie Leigh Myers, with her counsel, Mary A. Etter Dissinger, Esquire. The Father 1 Rick Andrew Krout, who currently resides in Texas, participated in the Conference by telelphone and advised that he is not represented by counsel at this time. 3. The parties agreed to entry of an Order in the form as attached with the exception of the provision regarding responsibility for payment of the airfare for exchanges of custody which is the recommendation of the Conciliator. Each party believes the other party should be responsible to pay for the cost of transportation. Da~ ,=If. ~) , M~dH:;;;/!~ CUstody Conciliator h'l'jll'P'l " . JAMIE LEIGH MYERS, : IN TIlE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY 1 PENNSYLVANIA : vs. . NO. 00-931 CIVIL TERM . . . RICK ANDREW KROUT, . CIVIL ACTION - LAW . Defendant . IN CUSTODY . CIIDER OF COORT AND liDi, this ~ consideration of the attached and directed as follows: day of Custody ~ Conciliation Report, , 2001, upon it is ordered 1. The prior order of this COurt dated August 9, 2000 shall continue in effect as modified by this Ocder. 2. The Father shall be entitled to have custody of the Children during the s\llllIner school break, with the specific dates to be arranged by agreement of the parties. The Father may make arrangements for Jessica to complete her s\llllIner school biology class requirements in Texas. If the Father is unable to make arrangements for a course which satisfies the Child's school district requirements 1 Jessica shall attend summer school in pennsylvania and the parties shall adjust the summer custody schedule accordingly. The Mother shall be responsible for the cost of Jessica's summer school up to the amount of the fee for the course in Pennsylvania. If Jessica completes the course requirements in Texas, the Father shall be responsible to pay any amount over and above the cost of the Pennsylvania course. The Father shall contact the Mother by telephone specifically to discuss the summer school arrangements and costs and the Mother shall cooperate in making those arrangements. 3. All airfare expenses for transportation of the Children for exchanges of custody shall be shared by the parties with the Father being responsible for 65% and the Mother being responsible for 35% of the total cost. The Father shall be responsible to purchase the airline tickets and shall mail documentation of the purchase and cost of the tickets to the Mother. The Mother shall reimburse the Father for her 35% share within 20 days of receipt of the proof of purchase from the Father. 4. Unless agreed otherwise between the parties, for all exchanges of custody over the Christmas school break, the Children's roundtrip flight shall be between Harrisburg International airport and El Paso International airport. For all exchanges during the summer school break, the Children's roundtrip flight shall be between Baltimore/Washington International airport and El Paso International airport. 5. Each party shall ensure that the Children take all medication prescribed by their physicians during that party's periods of custody. '"<;<;: ~. 6. Both parties shall ensure that the Children do not smoke cigarettes during his or her periods of custody. 7. 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 lIUltual consent. In the absence of lIUltual consent 1 the terms of this order shall control. J. cc: Mary A. Etter Dissinger, Esquire - Counsel for Mother CMlu:' ~ Rick A. Krout, Father -r- <1/.:>461 '1""'" . . ,~ ~ ~^ -">""-IIi[" liltillMr , ~~. "-"<iDlli~ "~,.."""", ~-, ~ln"""""-'_l~ ",,' , -_.or " 1'- " ~ iYlfr!c (,.;" h i~~ r... ....i'-A.. '-"k...,. /. 1""-'" ' 'i. '~~S>)~ J '';''(:; 0/ "~/OA;o~,., 4PR <~ A 'orfy C~ 7'! lu 0< PSitA~V.Q 901 ' "VOiz~<l47y ~. .- ~ JAMIE LEIGH MYERS, : IN THE a::URT OF a::MMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. . NO. 00-931 CIVIL TERM . . . RICK ANDREW KROUT, . CIVIL ACTION - LAW . Defendant : IN CUSTODY PRICR JUDGE: Edgar B. Bayley ClJSTODY cctilCILIATION SUMMARY REPCRT IN ACCORDANCE WITH CUMBERLAND <XJ(JNTY RULE OF CIVIL PROCEOORE 1915.3-8, the undersigned Custody Conciliator submits the following report: I. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN ClJSTODY OF Jessica M. Krout Daniel J. Krout September 4, 1984 November 9, 1985 Mother Mother 2. A Conciliation Conference was held on April 18, 2001, with the following individuals in attendance: The Mother 1 Jamie Leigh Myers, with her counsel, Mary A. Etter Dissinger, Esquire. The Father, Rick Andrew Krout, lives in El Paso, Texas and participated in the Conference by telephone. The Father is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. Date (JpJ d-fJ) d-d7J ( ~A Dawn S. Sunday, EsquVe Custody conciliator '- , -~ , ',e, JAMIE LEIGH MYERS, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-931 RICK ANDREW KROUT, Defendant/Petitioner CIVIL ACTION - LAW IN CUSTODY ORDER AND NOW, this L day of ,2001, by agreement of the parties as evidenced by the stipulation incorporated herein, it is hereby ordered and decreed that Rick Andrew Krout, Petitioner, is awarded primary physical custody of the parties' minor child, Daniel J. Krout. Daniel J. Krout shall remain in the physical custody of Petitioner until Daniel J. Krout receives his high school diploma. Jamie Leigh Myers, Respondent, shall be entitled to have physical custody of Daniel J. Krout during the summer school break. /,- BY THE WURT' / J. ',~-~- I-I r." , , db: '"^ "-.-J lnl1imelli<l-~~~~~!Il"""'"~"<-I'-MII"~EMm""H!"i-.".:j,"""jiill...~Iimi~, ", lilllill!......___-."..,."" FILED-DfFiCE ~'f- -."" "'""Yi<-"""O"oy U. ':--- >-:",(Jli iUl~ ltm o I SEP I 0 Al1 9; ! 9 CUMBERLAND COUNlY PENNSYLVANIA ,.." o I Q _1 ~\..7' J J- tl JAMIE LEIGH MYERS, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-931 RICK ANDREW KROUT, Defendant/Respondent CIVIL ACTION - LAW IN CUSTODY PETITION TO MODIFY CUSTODY ORDER AND NOW, comes the Petitioner, Rick Andrew Krout, by and through his attorneys, Hoffman Long 11.J>, who respectfully request a modification in the existing custody order and in support thereof aver the following: 1, Petitioner Rick Andrew Krout, hereinafter "Father", was divorced from Respondent Jamie Leigh Myers, hereinafter "Mother", by Decree in Divorce. 2. Pursuant to a Custody Order dated August 9, 2000, Mother has primary physical custody of Daniel J. Krout, born November 9, 1985, hereinafter "Daniel." Legal custody of Daniel is shared. 3. Father and Mother have reached an agreement that grants Father primary physical custody. Daniel would remain in the physical custody of Father until Daniel receives his high school diploma. The agreement provides mother with physical custody of Daniel during the summer school break. The agreement, titled "Custody Stipulation", is attached hereto as Exhibit "A". 4. Father and Mother aver that this modification is in the best interests of Daniel. (' ;'~_~~ III -1- . WHEREFORE, the Petitioner respectfully requests your honorable court modify the existing custody order and place Daniel J. Krout in the primary physical custody of Rick Andrew Krout, Petitioner. Respectfully submitted, By: HOFFMAN LONG LLP K~M RICHARD W. LONG, QUIRE Supreme Court I. D. # 79152 105 North Front Street P. O. Box 11475 Harrisburg, P A 17108-1475 (717) 233-1112 L J t. 2.0<>1 DATED: ~'lCM-lJ>r I Attorney for DefendantlPetitioner '~m ," "r',. ,-'- - VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A, Ii 4904, relating to unsworn falsification to authorities. w~<:7 Rick Andrew Krout Date: %/0/ / ' "~""m' ... . , JAMIE LEIGH MYERS, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-931 RICK ANDREW KROUT, Defendant/Petitioner CIVIL ACTION - LAW IN CUSTODY CUSTODY STIPULATION r-7/r (::; AND NOW, this ;) day of J!Pft,.J1f3VL , 2001, with regard to the best interests of the minor child Daniel J. Krout, born November 9,1985, the above-listed parties agree as follows: 1. The prior orders of this court dated August 9, 2000 and April 24, 2001 shall continue in effect as modified by this stipulation. 2. Rick Andrew Krout (hereinafter "Father'') shall have primary physical custody of the minor child Daniel J. Krout. Daniel shall remain in the physical custody of his father until Daniel receives his high school diploma. 3. Jamie Leigh Myers (hereinafter "Mother") shall be entitled to have physical custody of Daniel during the summer school break:, with the specific dates to be arranged by agreement of the parties. The Mother shall contact the Father by telephone specifically to discuss the summer school break: arrangements. \i~'r ,. ~" , 4, The parties aver that this stipulation is in the best interests of the minor child Daniel J. Krout. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. 12;." W, -/ -1~__~_._ WITNESS (~~ RICK ANDREW KROUT ~al'~~ WITNESS ' ~ 7) ~~/ o JAMIE LEIGH MYERS <" 666161 -2- -'F~_' ....... 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