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Home My WebLink About97-04335 ~ cJ ~ J \J C " ~ :--- . .') .. tJ \l) ~ "1 '> ~ ~ ~ I , I ~ .11 .. .., .'" ~ I , , / I' f II 'I ~:!i 11 L a~~ I i! I II '. Il l5li~ ~ il ... ,I Ii II s.. '" ... I' ~; .:~S-~ HI ... ,r \' 1:! ii = ~ !- Ii Ii II :s = ~ II al ti... II 4l1S.tIle; il:~ ,r . ~a " I! .4l~.~.. I' .... ~ Ij II ,Do I ""4i t::Ej .!~ t! 't " E ., - II! (i " .!!j~:i,l:! II ~ ji H I' !! i! jliii~i 01 Ii ~;~ 'I . . !! I, 0< 0< Ii ::E Il~ i Ii If ii i!'i Q\ " I !1 I' " ;, ii II j: I l~ !j . . . . ';" ,- t7, , 1i...J ,,-';., ........ '.....'... AARON A. CHACE, Plainti ff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA vs. 97.4335 CIVIL ACTION LAW KATIE A. MC KISSICK, Defendant IN CUSTODY ORDER OF COURT AND NOW, this ~ day of ~ ~ , 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I. A Hearing is scheduled in Court Room #;t , of the Cumberland County County Court House, on the ~ day of AUl!l1st, 2002, at I :30 o'clock, -l!...m., at which time testimony will be taken. For purposes of this Hearing, the Mother, Katie A. Mc Kissick, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the Hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten (10) days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the Mother shall have custody of the Child through July 10,2002 and the Father shall have custody of the Child for a 1 month period from July 10,2002 through August 10,2002. cc: Howard B. Krug, Esquire .. Counsel for Father Samuel L. Andes, Esquire .. Counsel for Mother ~... -dJ... .,/9/0:.1.. ..&~ BY THE COUR) , , j ~ "~ "'''' . 'Y I ( J. , , , ;, Ii , " I I , I , AARON A. CHACE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA II II , I I i , II PRE-HEARING MEMORANDUr., :1 'I AND NOW comes the above-named Defendant, by her attorney, Samuel L. Andes, I, 11 and files the following Pre-Hearing Memorandum in this matter: II I. POSITION REGARDING CUSTODY. The child in this action, since birth, has resided in the primary physical custody of Defendant, without interruption. Although the Ii Plaintiff has had periOds of temporary custody, pursuant to orders previously entered in II this matter, the Plaintiff has not developed a close bond with the child. In fact, the child II spends more time with the Plaintiff's parents than with the Plaintiff himself during his II periods of temporary custody. Defendant has now married, a man with whom she has I, had a long and close relationship and Defendant and her husband have a child of their I I own, now less than one year of age. The child involved in this action, Madison has I developed a close bond \-1'lh Defendant, her husband, Jan Trobisch, M.D., and their new ",i/I child. I' ,/ II 'I I, iI 11 j: Ii " 'I I, ! vs. CIVIL ACTION - LAW KATIE A. McKISSICK, Defendant NO. 97-4335 CIVIL TERM IN CUSTODY Defendant's husband has taken a position as a medical resident and Defendant wishes to relocate the entire family, including Madison, there with him. She believes it will be in Madison's best interest because it will continue the relationship she has with Defendant's nuclear family. She is prepared to present evidence at the hearing about the fitness of her new home '1 California as a proper place for Madison to reside. II. WITNESSES, Defendant intends to testify herself to call the following " witnesses: [! I; " '! I' A. Margaret r:eam. Defendant's mother, who has a long and close relationship with Mldison ilnd is familiar with Defendant's living if ri ;i arrangements. <I-< WZ T. ...l< ::> ll.> 0 ~ ...l Z W Z;" < I>: Oll) I>: ~ ... T.Z 0 ::> T.Z ~ T. c:r OW ~ W "d lI) Uc. "- Uf-o T. W "- "'Z ~ "- ~ ~... 111< 111 < , 0 . Wf-o 1110 . t;) 0 UZ "'Z "- ::> f-oU ll"I <... :.i:W "- I>: I>: <"1 :c< U"- I-< ~ ~ ::>0 <"1 U...l :EW f-o OZ ~ C. 111 0 Z .~ . U< I . > . I-< a:l ...l ... < < < WI>: '" ...l 0 :cW Z W C. I>: f-oa:l 0 ... < T. . I>: f-o ;J: Z::> 0 < < 0 I-<U Z < :.i: :r: . . . _.,.... ~'&"'h.' ~"',......-",... (lIIo~fn."-"'.........~.."' . AUG 11 ;Villi; 'I " WITNESSES A. Aaron A. Chace, Father, will testify that he desires: 1. Partial physical custody consisting of eight (8) of the eleven plus (11+) weeks of summer vacation. (See current school calendar.) 2. Holidays consisting of: a) the longer of the seven (7) days or two-thirds (2/3) of the Christmas vacation; and b) all of the Spring Break. The Christmas vacation would be alternated with Defendant, such that in even years Father's custody period would include Christmas Day and in odd years Mother's period would include Christmas Day. 3. Mother to be responsible for the entire cost of transportation with adult chaperone. Economically, Father is in very poor straits and cannot afford to share in the cost of round-trip air transportation from Bakersfield, California for five (5) year old Madison. All of Mother's and Father's family live in Pennsylvania. Since Mother, a Registered Nurse, chose to move to California without prior consultation, owing solelv to the desires of her new physician-husband to be with ~ family (aunt and grandmother), she should be responsible for the resulting expenses. Mother has the income to afford this burden. deemed suitable care givers during any period of Father's custody. 7. Neither parent shall be entitled to take Child outside the United States without the prior written approval of the other parent, which approval shall not be unreasonably withheld. Advance written notice, forwarded thirty (30) days prior to such a trip, shall state all reasonable particulars, including but not limited to destination, telephone contacts, addresses, duration and purpose of trip, and the person(s) in whose custody Child may be placed during the trip. 8. Absent a new Court Order, neither party shall permanently remove the Child from the United States. 9. Mother shall keep Father fully informed of the Child's progress in school. She shall forward in a timely manner copies of all significant school related documents, including but not limited to report cards, progress reports, disciplinary notices, school calendars, curriculum information, activity schedules and picture order forms. She shall also provide Father with as much of the Child's individual work product, such as art work and graded papers. as reasonably possible. 10. The parties shall keep each other fully informed of all medical, dental and psychological treatment needed by the Child. 3 When reasonably possible, the parties shall endeavor to inform and consult with one another on these issues prior to the time of treatment. 11. The parties shall keep each other advised in the event of any serious illness or medical emergency concerning the Child and shall further take any necessary steps to ensure that the health and well-being of the Child is protected. During such illness or medical emergency, both parties shall have the right to visit the Child as often as he or she desires consistent with medical procedures. 12. The parent not having custody of Child shall be entitled to reasonable telephone contact and unlimited e-mail contact. Each party shall ensure that the other always has his or her current home address, telephone and cell phone numbers, and e-mail address. 13. The Court of Common Pleas of Cumberland County, Pennsylvania shall retain continuing jurisdiction of this matter for all purposes, including but not limited to modification and enforcement. 14. Mother shall during the year provide Father with duplicate photographs of Child, reflecting the Child's involvement in extra curricular activities, holidays, Halloween, sports, amusement and water parks, school events, and other involvement in which Father may be reasonably interested. 4 ------------------------------------------------------------- Accoun~ Numbe. JJN24SAHQN Y... 1999 WE APPRECIATE YOUR BUSINESS M.k. Vltl EXPLR lFMZU34E1XZC01618 Slalom.nIDa" L.....End Dole 0411112002 1110112002 ,- ~. r~..... 1;1 For easy. convenient communication leellree to contact us at: 'D' CUSTOMER SERVICE CENTER l;l WEBSITE AODRESS 800-727-7000 Moll 5317 am. 8 f'11 cs r www.lordcredil.com -ltyoudtSJgrHWlth Ford C1.dll'epdlng Y()Jf tunenl charges CllranucliOl'l' sanee 1asI1lI1emlnt, p1eaw send all C:Dfr.~1o TRANSACTIONS SINCE LAST STATEMENT T'.......lon D... o..e,lpllon """"..,. t<<:IIiwId .Ir., stiilfement thM ifll not ,elIec1ed, Amount , FordC,_ c~ ACt COfl8SpoMence PO. 80,"3099 0m0Il.. HE 681504 PAYMENT(S) DUE Due 0... Amoun' $1.350 15 $115,80 $:19068 $35,16 . For payment femtllO ford u- tlodol Con1>anY PO BOX 220555 JJ P1TTSBURGIl, PA 15257-2555 , r o..e,lplion PAST DUE AMOUNT LATE CHARGES 0~7n002 LEASE PAYMENT 05I07n002 TAX AI p.., QIe Amoun/j"" I... CN_.,. duo ,,,,....,..,0/1, "",.-..-..._o__...__..,__...,_,aed1/ir9 _.......___bl..., AI. gIobaIloador in outo..lOll..Inancing. Ford Crod. olllrs....~ VIe convenience ond"-" 01 on-line accaunt...... .1_ koo.."dilcom, II you hI..lIdti1ionaI quo._. plea.. coil u. at '-800-727-7000 AI qquir8d by..., In some Slain. fOU.. hefeby notlNd IhaI a reg.. cr.... ,eport rdedInQ your aedlI: ftItOfd may bot submlted 10 ill .-_IrIlIIgOI'C" you tOol.. _.... """" of ,..,.....,olllige..... ~____---__--__---~l~-~~~~~~~~-~~A~---------~~-----~ ~ Ford M_c..olCompony ,~.- POBOX 3076 r::J COLUM8IA. Me 21045,6016 Accounl_....: Paymlftl Due o.le: TOTAl AMOUNT DUE: JJN24SAHON 0510712002 $1.152.3' '. , . (NTEA TOTAl_I PAID" TIC 10. A8OV( $ DEFENDANT'S EXHIBIT AS 01 015147 67645 B 15 A 1..,11I...11I. ...1. 1..1.1..11.. ..II.. ..11I,1..11.. ...11,11...1 AARctoI A CHACE 203 W SIMPSON Sf I,IECHANlCSBURGE PA 17055-6319 AtIllT TOo Ford Uoto< Crocil ~ pO BOX 120555 JJ PITTSBURGH, PA 15257.2555 1...11.1,1...1.1.1.1.1...1..1,1,1.1..1,1..1,1...11,1 d 81'Jb f'l} ___aaaw_..- b20S~S~SS72747S~1~&S&SSOOl~S23920b ~ Gateway Account Statement Poymont Duo Olto JUNE 28 2002 Now Bolonco S2.226.38 Your Account Numb.. 6011 7662 0301 0392 Minimum Poymonl Duo Amounl Enclosod S152.00 S M'JO J08C'Q C1 I co II ow 1II0ko chocks plYlblo 10: GATEWAY CREDIT CARD PLAN bOl17bb2030103920222b3&000?b000015200 C ALAII CHACE 1705 WYNOHAII RD CN/# HILL PA 17011.6027 1...11I",1\1"11I,\1",\1,11"\1",,,1,\111I11I,11I1,1,\1,,.1 30920 .. oww GATEWAY CREDIT CARD PLAN PO BOX 9025 DES MOINES IA 50368-9025 1.1,1,11.",,11,,\1,,1,,1,1,1,,\1,,11I1,1,1,1...1.1,1.1,,1.1.1 ,.. aHr..,~..... . "'... ...actI.... ~ Gateway,: Send Notic:o of IItIIing Errors"': GATEWAY CREOlT CARO PlAN PO BOX 8181. GRAY TN 37615 eu_. SoNice: 1-800.927.1948 Date JUNE 03 2002 Pro_ Boloneo S2.154.85 _ CIoo Dot. JULY 03 2002 ~UmIl SO.OO Account: 8011 7lIII2 0301 0392 c:.- AnlIoIlIo $0.00 ms J1CCOUNT ISSUflJ BY aTIBIWK l/S.\ NA p &C_ SO.OO Purclul.oO/Ollllr Chi . S29. DO Tre_ LATE CHARC.E ASSESSlIENT .BILLED FINANCE CHARGES. FINANCE CHARGES 142.53 Now a....... 12,226.38 CURltENT ACTMJY T_Oote OS/29 06/03 - $ 29.00 I 42.53 Our reeoNls show that... have not recelved the .1nl... a.aunt necessary to keep your account current, If you have not lalIed your pay..nt, plels, do 50 tGday. ~ appreciate your bU51ne~~ and looh for.ard to serving you further. Th. c.ltewaYIR) Easy PlY plln Is now 1.lllable at the Gate.ay Accessory Store. Purchase brand na.e cOIput.r ace.ssart's and upgrades, 1ncluding digital ca..r.s, Icanners, prlnt.rs. aonitors. and eeaory, and benefit fro. our deferred pay.ent optlnns. DEFENDANT'S EXHIBIT - 811:1kd Lj pQ..") Log on now to: _.GATEWAY.COlI/ACCESSORIES ClWNT ,.tAN SUM"AIt\' -.. -.. - "'- FlNANCE ""l::::: & PIon ::= I'INANCti Ex~ - CtlARGES -. CHARGES REVOI. VlNG CREDIT PLAN $2,152.85 142.53 12,224.38 1150.00 MISCELLANEOUS FEES $2.00 52.00 $2.00 "HANel CHARU SUMMAit\' DAIlY ~ oeyl'" ANNUAL. -... DooIf -. ~RClNT&IlI - -. -- ~RClNTAGE !lATE ....101I lUTE ~. ~~~.d'Ulr,," eu...nt BtIIint Poriod REVOlVING CREDIT PlAN $2.178.36 O,06299\(C) 22.99\ 31 22 .99\ MISCELLANEOUS FEES O.06299\(C) 22.99\ 31 12.99\ "0_='- REVOlVlNGC EDlTPlAN 0.06299\ 22._ 30 MISCELLANEOUS FEU 0.06299\ 22._ 30 .~I ~tC ftnance charge and tranunon charge_ &(:SltCl (MlIC).ACCRUAl METHOD P&IlI 1 OF 2 -" ~~ ~~~ ~ .J~ _ a. ~3 , ... or. i~1J~1 ow ... ~I , ~ lJ !~ ow ~t I ... - S ,ill < ... -Ii ~.. f' c ... . ~> . , to ~~~~ III : gjOW lol1if " i~ ...a II ,,' i i Il<: ~A ~I ~ ::l.J~ ~ r i .1! a:r ~tl , . e;! . 0< 0< ~ ~ i to:l ... ~ E< ;Z " ~EP 2 9 1997 .-. .. . AARON A. CHAce, . IN THE: OOUI(f OF ~1ON PLEAS OF . Plaintiff . CUtIBERLAND COONTY, PENNSYLVANIA . . . vs. . NO. 97-4335 CIVIL TERM . : KATIE A. MC KISSICK, . CIVIL ACTIOtl - LAW . Defendant : IN CUSTODY auat or CXXlR'1' AND toI, this -z...~ day of ~~ , 1997, upon consideration of the attached C~tody Cone lilltion Report, it is ordered and directed as follows: 1. The Father, Aaron A. Chace, and the Mother, Katie A. McKi8siek, shall have shared legal c~tody of Madison Elizabeth Chace, born November 23, 1996. 2. The Mother shall have primary physical custody of the Olild. 3. The Father shall have visitation/partial physical custody of the Olild in Ilccordance with the following schedule: . ; A. The Filther shall have periods of visitation with the OlildOii Tuesday, Septer.tler 30, 1997 and Tuesday, October 7, 1997 iran 9:00 a.m. until 11:00 a.m. at the Mother's residence. B. BegiMing Wednesday, October 8, 1997, the Father shall have partial physical custody of the Child every Wednesday iran 8:00 a.m. until 2:00 p.m. c. BegiMing Saturday, October 18, 1997, the F,'ther shall have partial !ilysical custody of the Child on Illternating wekenda fran Saturday at 9:00 a.m. until Sunday at 4:00 p.m. 4. The partiea shall share or alternate hIlving custody of the Child on holidays as follows: A. Christlnu: The Father shall have custody of the Olild .very year on Olrbtmas Eve fran 4:00 p.m. until 8:00 p.m. The Mother shall have custody of the Child every year fran Olristmas Eve at 8:00 p.m. until Chrbtr.las Day at 8:00 p.m. B. Thanksgivi~ Day: The parties shall alternate having custody of the Chlld on Thanksgiving Day, with the Mother having custody of the Child in 1997 and the Father having custody in 1998. The parties contemplate that the Father will have custody of the Child over Thanksgiving in 1998 for an extended period of approximately four (4) days so that the Father may take the Child to visit relatives. C. Easter Sunday: The parties shall alternate having custody of the Child on Easter Sunday froo 9:00 a.m. until 4:00 p.m., with the Father having cu:::tody of the Child in even nunb!red years and the llother having custody of the Child in odd nunb!red years. D. Alternating Holidays: The parties shall alterMte having custody of the Child on the following holidays fran 9:00 a.m. until 4:00 p.m., beginning with the llother having custody of the Child on Collrilus Day in 1997: Coluntlus Day, New Years Oay, Memorial Day, July 4th and Labor Day. When the Father's periods of holiday custody under this paragraph fall on either a Friday or Monday illlt1ediately preceding or following the Father's regular weekend period of custody, the pcriOli of custody shall run continuously without interruption. E. I'lother's Day/Father's Day: The Mother shall have custody of the Olild in every year on Mother's Day from 9:00 a.n. until 4:00 p.m. and the Filther shall have custody of the Child every year on Father's Day from 9:00 a.I,'. until 4:00 p.m. F. The parties agree that it is their intention to review the holiday custody schedule after a two (2) year period fran the date of this Order and to cooperate in lilaking any necessary adjustments by agreement. 5. Beginnin;} in 1998, each party shc,ll be entitled to have a one week pp'riod of uninterrupted custody with the Child durin;} each ll\In!ler. The parties agree that in 1998 the Father will take his period of vacation custody in June (and possibly into early July) in order to take the Child on a family vacation to North Carolina. The parties agree that the Kother will take I1cr period of vacation custody in August also for the purpose of taking the Child on a family vacation trip. The partios agree that the one "week" of vacation custody specified in this Clr'dc:!r shall be cons1de~ as an approxinate tert;) which nay be extended to acca .o.Jate travel days. Begimin;} 1n 1999, each party shall provide notice to the other party by May 1 of each year of his or her ",ell.>cted cbtes for vacation custody. 6. lllless agreed otherwise by the parties, the Father shall provide transportation for:- exch.:mgC!;J of cootody under this Order. 7. The Father shall not consume alcohol in:lClliately befor:-e or during his periods of custody with the Child. 8. The Father shall obtain all appropriate equi{11lellt necessary AARON A. CHACE, . IN THE COURT OF CG\.".oo PLEAS OF . Plaintiff . CUMBERLAND CCXJNTY, PENNSYLVANIA . . . vs. . NO. 97-4335 CIVIL TERM . . . KATIE A. He KISSICK, . CIVIL ACTION - LAW . Defendant . IN CUS'roDY . QJ$-lUl1 <XH:ILIATIai SlJIIIARY REI'CRl' IN AaX:IUWIC8 WI'1'8 <lJlIlllRI.AND CXlIft'r RllLB Of' CIVIL l'lC)'" aJlB 1915.3-8, the undersigned Custody Conciliator submits the followi"'.) report: 1. The pertinent information concerning the Cllild who is the subject of this litigation is as follows: NMB nr.m Of' RDmI aJUUlftLy IN ..un""" Of' Madison Elizabeth Cllace November 23, 1996 Defendant/~lOther 2. A Conciliation Conference was held on September 23, 1997, with the followil19 individuals in attendance: The Father, Aaron A. Cllace, with his counael, nol:lert B. Lieberman, Esquire, and the Mother, Katie A. McKissick, with her counsel, Samuel L. Andes, Esquire. ~~ L-'Jkf/ n\..JvI Oate ' 3. The parties agree to entry of an ~r in the tom lIS attached. (a..J.J,.~v Dawn S. Sunday, re CUstody Conciliator ]'( 11:// Since birth, the child has resided with the following persons and at the following address: Katie A. McKissick, Margaret Ream, Dale Ream and Daniel McKissick at 606 Charles Street, Mechanicsburg, Cumberland County, Pennsylvania. The mother of the child is Defendant, KATIE A. MCKISSICK, currently residing at 606 Charles Street, Mechanicsburg, CUmberland County, Pennsylvania. She is single. The father of the child is Plaintiff, AARON A. CHACE, currently residing at 119 West Green Street, Mechanicsburg, Cumberland County, Pennsylvania. He is single. 4. The relationship of Plaintiff, AARON A. CHACE, to the child is that of father. The Plaintiff currently resides with the following persons: ~ Relationshic Megan Schrantz Girlfriend S. The relationship of Defendant, KATIE A. MCKISSICK, to the child is that of mother. The Defendant currently resides with the following persons: ~ Relationshic Mother Step-father Brother Margaret Ream Dale Ream Daniel McKissick 6. The Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the child in this or any other court. -2- ~ .. HAI,aISIUJlO. I~ ~,.~__ HI .' ... . . , ~.._. . . , -.J . . '. " , , , .Jr") " ':1"" .. ",:. *..~ r ''''j ~I ...:--"" \, ~ ~ ;<' ::-> :< .... ~ \ ( I J , , .'-~ '.-' i . ''- , (.J ,. ., .. 0 'I; ~ .. lI: ~ ~ . < C .. ;r. < . '" ..; :C < " I .. S ::; < ; .. .. - .. ~ Q ill '" . " "- .. "- .. ::; " :.l II: " 0: .. ,. .. ~ .. - i= . X .. c or < < . .. "J; ~ .. , 0 ~ Ii: '" ..; . . . . ' . . . . MAY 2 0 7orr, ~ s AARON A. CHACE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO, 97.4335 CIVIL TERM KATIE A. McKISSICK, Defendant IN CUSTODY DEFENDANT'S PETITION TO MODIFICATION BECAUSE OF RELOCATION AND NOW comes KATIE A. McKISSICK, by her attorney, Samuel L. Andes, and petitions this Court to modify its custody order of 29 September 1997, because of her intended relocation to the state of California, based upon the following: 1. The Petitioner herein is the Defendant, KATIE A. McKISSICK, an adult individual who resides at 4707 A Charles Road in Mechanicsburg, Cumberland County, Pennsylvania. 2. The Respondent herein is the Plaintiff, AARON A. CHACE, an adult individual, whose address, to the best of Defendant's knowledge is203 West Simpson Street in Mechanicsburg, Cumberland County, Pennsylvania. 3. The parties hereto are the parents of one minor child, Madison Elizabeth Chace, age 5, born 23 November 1996. 4. The said child is the subject of an order entered by this court on 29 September 1997, a copy of which his attached hereto and marked as Exhibit A. Since the date of that order, and at all times since the child's birth, the child has resided in the primary physical custody of Defendant. 5. Since the entry of the order of 29 September 1997. the parties have modified the custody schedule provided in that order. As a result, the child currently spends alternating weekends and one overnight period each week with the Plaintiff's parents and the Plaintiff spends several hours during each of those periods in the presence of the child. For the most part, the child has not spent the night with the Plaintiff during his period s of temporary custody. 6. Defendant is romantically involved with, and has lived for some time with Jan H. Tobisch. M.D.. whom she plans to marry. She and Dr. Tobisch have a young child, Jan D. Trobisch, age 4 months. born 1 January 2002, who lives with them. 7. Defendant wishes to relocate with the child to Bakersfield, California, for the following reasons: A. Dr. Trobisch will commence a two year residency in internal medicine at a hospital near Bakersfield, on 1 July 2002. Defendant wishes to accompany him so that she can keep the family they have built together intact. B. Defendant is a registered nurse and plans to obtain employment in the Bakersfield, California, area so as to maintain and provide a comfortable home for her children. 8. Defendant believes that her intended move to California will serve the best interests of the minor child who is the subject of this action for the following reasons: A. It will maintain the family of which the child is a part and which includes Defendant, her boyfriend, and their child. B. It will foster the continuing close relationship which the child has with her present family. C. It will permit Defendant to substantially increase her financial ability, and that of her family, to provide for the child and to meet the child's financial needs. 9. Defendant wishes to move to California with the child for legitimate reasons and not for the purpose of restricting or reducing the Plaintiff's time with the child. Based upon the Plaintiff's conduct over the last several years, the Plaintiff does not enjoy a close relationship with the child and sees her only sporadically. 10. Petitioner believes that a relocation to California will benefit the child in several ways, including: A. It will maintain primary physical custody with Petitioner, who has always been the primary care provider of the child since her birth; and B. It will maintain the child in her present family structure with Petitioner, her boyfriend, and the child's sibling; and C. It will permit Plaintiff to significantly improve her situation and, therefore, the home for the child by allowing Petitioner to provide care for the child by a member of the child's family at almost all times, by providing the child with more household income and material benefits, and by maintaining a close and loving relationship between the child and the members of her present family; and D. Such a move will disrupt the father's contact with the child very little, since the father's conduct is currently erratic, irregular, and infrequent. WHEREFORE, Petitioner prays this court to modify its prior order in this matter to allow her to move to California and take the child with her and to set a schedule of time for the father to have periods of temporary custody other than those set out in the last order. ~.-~~ Sa ell.An s Attorney for Defendant Supreme Court I.D. #17225 525 North 12th Street Lemoyne, PA 17043 (7171 761.5361 ("'\ c. (~ ~ C' f d ~ - -. . ~ . .-: ?- 1_;, - ~-~ '4-- J', , i'~ ~ .. .. ~ -1'0 ~ . 'Co -.. .... ~ € NO. 97-4335 CIVIL n~,~\~~!Y ~ ~k.-i T! n ,....."';;' .' . ". _.~1'l lj' " , t\" \\\H 12 PH~: IS \1(. ~.' AARON A. CHACE, PLAINTIFF "," "rrv CU~~-;,.;..', ,i :, ~'i ;..;1.;1.\ I H:~','-' '''' . ,- ~ ,. - ".""lI." ,;...""il }'If, t"c;,,:\,)ll-.'\" VS. KATIE A. MCKISSICK, DEFENDANT PRAECIPE ,,,-,-' lAW ~"n(h 9t-v. ..&" &: ~ '1R't ~ "to..' ~llll t ~t!\,";J', n 1."1<.~" ~ t'4,t HOWARD 8. KRUG, ESQUIRE I custody with the father. The father shall pay for Madison's roundtrip air transportation and that of an accompanying adult for his periods of temporary physical custody during the spring school recesso When Madison is old enough to travel by air without an accompanying adult, the parents by agreement may make air transportation arrangements without an accompanying adult. (6) The father, at his option, may exercise any of his periods of temporary physical custody by picking up Madison in Califomia, and at the end of such periods retuming her to the mother. During such periods, the father need not bring Madison to Pennsylvania. ----- By"''''''''',} / '- ,,~:: Edgar B. Bayley, J. /Howard Krug, Esquire For Plaintiff / Samuel L Andes, Esquire For Defendant L' ~ > ::11 ~Xs :$aa