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Home My WebLink About00-07880 - KIMBERLY GOODYEAR, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY RUSTY GOODYEAR, Defendant : NO. 00-7880 CIVIL TERM CERTIFICATE OF SERVICE I, Marcy E. Wright, of the Family Law Clinic, hereby certify that I have served a true and correct copy of the Custody Complaint to Rusty Goodyear, residing at 15 Mooredale Road, Carlisle, Cumberland County, Pennsylvania 17013, by U. S. mail, certified, restricted delivery, retum receipt requested, postage prepaid. Service was complete upon receipt by Rusty Goodyear on the 9th day of November, 2000, as evidenced by his signature on the attached green card. FAMILY LAW CLINIC 45 N. Pitt 81. Carlisle, PA 17013 717-243-2968 . Complete item. 1.2. anci3.AIsocompl8t'e ,te,m 4 If Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece or on the front jf space permits. ' jitf:J~ ',' (!/fRLisU;/ fJl/ /70/3 Postage $ Certified Fee '~ Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) co 3. Service Type M ~Jartlfied Mail 0 Express Mail ~ o Registered ~eturn ReceiJ: b"lnsured Mail 0 C.O.D. :5 }. ~~trlcted Delivery? (Extra Fee) ~ 70~q~~~OP~;fC~~ I7lJo ,J PS Form 3811, July 1999 . . . .. boirleslidRefuin Receipt Total Postage & Fees ,$ .'I'oIj-., ~~ - "I "1 "~ -~ ,...... - - -- ~~~~~e' "'j'--r;rll<l_"":"I3tt ,', _:__~_ I_ -~'-u - ~~'~' <~'~:-'-~':)~.r~l':':rI++~"--'(:-'Y "~"Yfilin-Wlrill]ij ~i c:nr' , 1--('hri-'Y--;;'1"'-"~~--'DJr ril1l~~L"-;-"" \\l "-'1;:- "-'di1iri ',-" , ' 'i>d{"'-1i~r-inlr- ----'llf'ff'f-.ru-j''[''r'-'...S,kc-' "A C) ~, Z:; ~ c Cl -n ~.: z - v-CD ,::> :i :::r.) rnrn ~ Z :::c. 1'.- ~~ --'T en (.., _",; -::J , ~-::1 () [:::\,:J " " j;r\ -- ~'.~ Z',~ ;1>0 ~ C ,~ .,,~,j ~ ~'. e:- :1:1 =< en -< 1 '. I I 1 .- " - ..'''...-.- "........,'. ..... .... ,-" -_,fl!'(~~,:,:'7, _"~__,'!'_~ ,~~lWW,.,."- "ffl.'II'!:~i'JII ~~_.1"l!'~ -- Jl1l!ll_ ~+ KIMBERLY GOODYEAR PLAINTIFF V. RUSTY GOODYEAR DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA 00-7880 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 17th day of November, 2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Melissa p, Greevy, Esq. ,the conciliator. at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on the ~ day of December ,2000, at---.!;OO p.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 defme 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: Isl Melissa P. Greevy, Esq. fti Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infonnation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VB AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 'T~ ',-"> " , "'~ '. ';:~_~~iIii-,d,;ojill~Ij;M""~~lW,~Wl!/i;!>mfilii,'ill,~j"""'~':lj~iV>"'-;"'~'",,-\;!.f'";';'-'''"H;;_'id",~J'f!'M"r.wJuWli'ih$\;,!l!t,fmi,!;i",~~~~~~J.i.!lItEil!~~"''-.-'' Ji:IliiiilWlill~"" .",~~- . ~ ~ _.~ I ~,":"!'Ji\RY ";;'- ,-- :!' c:o !1("1! 1-] U. ft-.,,;', ~ . P:! 2: 00 CU'....-"L..- (."""'T'{ I l\/Jtcri /\j'~U -,),Jul'\j PENNSYLVANlf\ /i' IfO() y" ~ I!'~ -$ \!/-X. / L_L.. :/ 9"-~L/ 1(//-021 ~ ~ % iff ~~' ~7' /1, n 'Ot' t&;Pp' m~ -$ a4.' ~ .-.J...J .J,J...l.! ..1 ] !.~..._.!~.U H.lm .+,'.d'''.,_..d_, m.',.Io.lL.J,.ll...,.I.............. I... ... . ~_~ _,' ,,' ,"< ".y, ,__u -. /v\ NOV1320~ v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN CUSTODY : NO. 00- I~~DCIVIL TERM KIMBERLY GOODYEAR, Plaintiff RUSTY GOODYEAR, Defendant ORDER OF COURT AND NOW, this day of , 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 YOU SHOULD TAKE TIDS PAPER TO YOUR LA WYERAT ONCE. IF YOU DO NOT HA VEA 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 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities andreasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. ;;~~]- -~ . . ,!,.", - I ~ , . , . . . . KIMBERLY GOODYEAR, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN CUSTODY v. : NO. CIVIL TERM RUSTY GOODYEAR, Defendant ORDER OF COURT You, Rusty Goodyear, have been sued in court to obtain custody of the child: Michael Goodyear, born on May 1,1985. You are ordered to appear in person at .m., for: , on , at a conciliation or mediation conference. a pretrial conference. a hearing before the court. If you fail to appear as provided by this order, an order for custody, partial custody or visitation may be entered against you or the court may issue a warrant for your arrest. YOU SHOULD TAKE TillS 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, Pennsylvania 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. Date: BY THE COURT: J. "~,r"'" , ",_, -" I 'r KIMBERLY GOODYEAR, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION -LAW : IN CUSTODY 1~go : NO. f)'Q' CIVIL TERM RUSTY GOODYEAR, Defendant COMPLAINT FOR CUSTODY The plaintiff, Kimberly Goodyear, by her attorneys, the Family Law Clinic, brings this custody action, asking for primary physical custody of her son, Michael Goodyear born May 5, 1985. In support of her complaint, Plaintiff states as follows: 1. The plaintiff is Kimberly Goodyear ("Mother"), residing at 179 East South Street, Carlisle, Cumberland County, Pennsylvania, 17013. 2. The defendant is Rusty Goodyear ("Father"), residing at 3 Mooredale Road, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Mother seeks primary physical custody of the following child: Name Present Residence Date of Birth Michael Goodye,rr 3 Mooredale Road Carlisle, PA 17013 05/01/85 The child was born when the parties were married. The parties divorced on December 20, 1999. The child is presently in the custody of Father. During the past five years, the child has resided with the following persons and at the following addresses: Persons Addresses Dates Rusty Goodyear 3 Mooredale Road, 10/06/00 - Present Melissa Hollinger Carlisle, PA 17013 Kimberly Goodyear 179 East South Street 1997 - 10/06/00 Carlisle, PA 17013 Kimberly Goodyear 179 East South Street 1985 - 1997 Rusty Goodyear Carlisle, PA 17013 11< '.'.:'":,,',,,,-"'-'>' '~":--'--, I' ", ~, -"T "".- '-~, "1""-_-""-- .., '----,-~-" ,-~ - !' ..<, ,. .,.,.,-~'" '-. "'--' "",- 4. The relationship of the plaintiff to the child is that of mother. She is divorced from Rusty Goodyear. She currently lives by herself 5. The relationship of defendant to the child is that of father. He is single. He currently resides with the following persons: Name Michael Goodyear Melissa Hollinger Relationship Son Girlfriend 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of this child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or another state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: a) Plaintiff has been primary caretaker of the child all of his life, and has had physical custody of the child since the parties separated in 1997; b) The child has lived solely with the Mother since the Father left the marital home in 1997; c) Father has been inconsistent in visiting the child since the defendant left the marital home in 1997; d) Mother is better able to provide a home with adequate moral, emotional, and physical surroundings for the child, whose best interests would be served by an award of primary physical custody to the Mother; (e) Mother is willing to allow frequent and continuing contact between Father and child. Father has denied Mother access to the child since October 6, 2000. i!IJ-.~.",^ ~""'~{~'''~''::~'-'F''';",:_";.-"rf'" _'C!;'I'__';f. - '_0."., -I~c' ,_",'? _~ _',__"'__.<C _~"'I~_,"'" .~__ . ___'C__, "__.",,,_~_,_ _ _ ","",",~_~"_,,, ,~ ,,~,~_ ~C~_~;_",___,___,_ - ~ ,,' ., ,,~ _~~_. " 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, plaintiff requests the court to grant her primary physical custody of the child. Date:-$P1 Marcy E. Wri t Certified Leg ~~L~/ , ROBERT E. RAINS Supervising Attorneys TERI L. HENNING Staff Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 .. ~~. - I ~ , 0:-' ~ . . VERIFICATION I verif'y that the statements made in this Complaint are true and correct, to the best of my knowledge, information and belief I understand that making any false statement would subject me to the penalties of 18 Pa. C. s. 94904, relating to unsworn falsification to authorities. Date: ~D U L 2DOO ) K~~ J<) fl2p~ trV ~ Kimberly Go year, Plaintiff "-~,,,~,~~~-",~"---~-<,,,- ~^-;,_:;~,:",o;.: :-.,-_~,~/- ,,;'Ti'f'_~~!"I~_"~ .>;".". ..'- _,_~,,,""'_o:'."'?"".=_:_",___':,,"~'_ "'-I ,-,,~_," _-~ ", ,,_" "Co>>._.' -'7i-~ ,"_~_v._. _,~ "~-~~,~-,,",-,__,, . .,-- I I ;-. ~ ~ -, "r'~ .!~_'~e ~T.~ ~, ~ - - .~-~~ '1 " - . , - ~'"' ~,~. o c: -'",. .........~-- U[', '-nrr~, ~;c f-,--:; ~"--' :c; :z::o --() )>c: Z- =2 2.;; ~ :",;_1 ~.;:;: I -.; , '.~ ~,~,~ fl:~ ~ :5 -< v :;r: i:-:? ~ ,-...) ~~_"""",~.~_,.,AII!111!!fij~;~~~,,~ _ fwr~~-~ -: ,,:,..-^. ~', " , KIMBERLY GOODYEAR, Plaintiff NOV 1 3 200(;J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION-LAW IN CUSTODY RUSTY GOODYEAR, Defendant NJ07~<</) CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Kimberly Goodyear, Plaintiff, to proceed in forma pauperis. I, Marcy Wright, Certified Legal Intern in the Family Law Clinic, for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal service to the party. The party's affidavit showing inability to pay the costs oflitigation is attached hereto. D""JJ/~1fD- R RT E. RAINS THOMAS M. PLACE Supervising Attorneys TER! L. HENNlNG Staff Attorney THE F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 --,- I~'" ,_. r-' . KIMBERLY GOODYEAR, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW IN : CUSTODY ; NO. ()O- 1!r~IVIL TERM RUSTY GOODYEAR, Defendant AFFIDAVIT SUPPORTING PRAECIPE FOR LEAVE TO PROCEED IN FORMA PAUPERIS 1. I am the Plaintiff in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting or defending the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs oflitigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct. (a) Name: Kimberly Goodyear Address: 179 East South Street, Carlisle, PA 17013 Social Security No.: 182-40-8528 (b) Employment: Unemployed If you are presently employed, state Employer: Address: Salary or wages per month: Type of work: If you are presently unemployed, state Date of last employment: 2 years ago Salary or wages per month: Type of work: ( c) Other income within the past twelve months Business or profession: Other self-employment: Interest: Dividends: Pension and annuities: Social security benefits: :, , .'" . "_~c ~, Ii I. '1!', Support payments: CHSUP - $246.50/month; stopped 10/06/00 Disability payments: Unemployment compensation and supplemental benefits: Workman's compensation: Public Assistance: Food Stamps Other: (d) Other contributions to household support (Wife)(Husband) Name: If your (wife )(husband) is employed, state Employer: Salary or wages per month: Type of work: Contributions from children: Contributions from parents: Other contributions: . (e) Property owned Cash: $0 Checking account: $0 Savings account: $0 Certificates of deposit: Real estate (including home): Motor vehicle: Make , Year: 1989 Blazer Cost, Amount Owed: $200/month; Car insurance:$68/month Stocks; bonds: Other: (t) Debts and obligations: $900 Mortgage: Rent: Loans: Other: Water/ Sewer: $20/month Electric: $20/month Phone: $25/month Kerosene Heater: $60/month Gas: $60/month Miscellaneous Necessities: $50/week Washer/ Dryer payment plan: (g) Persons dependent upon you for support (Wife)(Husband) Name: Children, if any: Name: Age: Other persons: Name: Relationship: ,~,---, .., 1- "I- ~ -, . - c . 4. I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. I verifY that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. Date:!tV LJ?DDO "^, ,,4_ _ _ __~, " I. I -t "1 --L " i~ --- ~, .,. , r" -~-, 'd ~. ~~_.^. () C) r'::J- c: 0 ..,., ? ~. ~ -err] t.:> [nfl, "":.: Z:Tt .. :z I . " (J) ,-.) ~ 1:::::; -<:> 3() r-::"'" ~-- '- -"t) ,- ,:.05 ;t1 ..-eo- ,-- :~~-: Z"-..,) ---l' ':,~f;l ~c': 1''' 2:: ':.J1 57; ~ ~ rv -, ~~ _J.J",!ijm~"flIi'l'iI'!~~~~~~~~~~~"fil~rOJj'~~I~W""':,"-'-,s'",,,,)>'"W';Rl~'i,"'1l'i!'i'w.~':J'j}mr'il'1~~~i&~""'--"'li!'~"'i~'''f'W!~~~~~' ~ FES 1 2 lOW J' KIMBERLY GOODYEAR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00-7880 Defendant CIVIL ACTION - LAW CUSTODY RUSTY GOODYEAR, ORDER OF COURT AND NOW, this 1i.t4 day of February, 2001, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Kimberly Goodyear and Rusty Goodyear, shall have shared legal custody of the minor Child, Michael Goodyear, born May 1, 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 Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of Pa. C. S. 9 5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. 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. 2. Phvsical Custody. Father shall have primary physical custody. Mother shall have liberal partial custody arranged as follows: A. Effective February 9, 2001, on alternate weekends from Friday at 6:00 p.m. until Sunday at 7:00 p.m. B. One evening per week from 6:00 p.m. until 8:30 p.m. C. Holidays shall be shared by the parties as they shall mutually agree. D. Summertime shall be shared by the parties as they shall mutually agree. 3. Brian Fahnestock shall not be present during any of Mother's periods of partial custody with Michael unless Mr. Fahnestock has not been consuming and does not consume alcoholic beverages or controlled substances, and the child agrees that Mr. Fahnestock may be present. 4. No visits shall occur at the residence of Brian Fahnestock, in North Middleton Township, unless the child agrees. ';.1 ---roo _, , ~ _"'_,,_"",,~' c' ~_,'__~_"""_:I - ~ , " F. ,.. .". - ,r No. 00-7880 5. This Order is temporary in nature. Upon mutual agreement of the parties it may be modified. In the event that the parties cannot agree, the terms of this Order shall control. BY THE COURT, Dis!: -t.Ad- J. Teri L Hennings, Esquire, Family Law Clinic, 45 N. Pitt Street, Cariisle, PA 17013 :-- ~ "'" , '"....,. k. ","'re. " E "0' """. '"'" "". '''"". '^ """ ~ t~o~\,* ~ ,~ '_'_n_ "I I' . -,. [ ~>i!ilj[~WIii!ifud<~~~I~~~[;&;jSj);j;,\ji,i,)<lj.ii1;.H"fiiW>!11,'li>j;;,~!J!l'<.~#iWtilflt~-i!!'~EilIfll#lliiliil~.~~~~ 01 FE.."'., I' 1.1 ;',i(iT!lITII ,...JJti '"( r pc_:; j II I' ? ' . ~" ! CU' iVfDf.Ji,' ?:"J' I'V'I PEi\JI~SyiYAN~{JNTY " ... ,~~~""-~,,~--''''"- "'-,,~ -.~.. <"~-,"-' ""'Wilil~i : . ,-- KIMBERLY GOODYEAR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO_ 00-7880 Defendant CIVIL ACTION - LAW CUSTODY RUSTY GOODYEAR, CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Michael Goodyear May 1,1985 Father 2. A Custody Conciliation Conference was held on February 5, 2001, with the following individuals in attendance: the Mother, Kimberly Goodyear, and her counsel, Teri Hennings, Esquire, and Kara Kurtzman, CLI; the Father, Rusty Goodyear, and his counsel, Dale S. Shughart, Jr., Esquire. 3. The parties reached an agreement in the form of an Order as attached. d. -7-()/ Date u~~ Melissa Peel Greevy, Esquire Custody Conciliator -,,~ , - . ~ -.-"',' 1.0, ,-- "t" ~ , . , , KIMBERLY GOODYEAR PLAINTIFF V. RUSTY GOODYEAR DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-7880 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, July 12, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on Monday, August 06,2001 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. The court hereby directs the parties to furnisb any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Isl Melissa P. Greevy. Esq.1J6 Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 :~--- , ,"', _I -'c' . ,-' .^- ~ '~ol~"\illiiHI.,,.,~di,jji~,,,,'~1kb~;Md.""'AH!;!A~~;J'j!j'~'~"-.l1:I;Odl,;<i~_,,,b"';;"bl";; ";,,,,,,,,,'..,jri'J""",,,,,..0ib';tf,,,\~ra.t.u,.~4Ill!liltl!iiJilIlllll>i~~!;;<iIllfl.'t!l.i,.M~~:_,;;;M~~I\;.~--"> - I ! i.,: i ,..f "j ~. r ,~: ,,' , '.: " ~ : CU'i::" .U F'E:)ll\ISYL'J/.,J\!'/~ 7'/,;).&1 M~~~o/--7i4~ )-/,;)0/ ~ ~ -$4 ~ c~~~1'- d~X4tJj , , . .. "', ~,~- ~---~,,~~-'~ ., Yo '~ ~ . I < ~ , '^ - ,- . ., -" " . r JUl1 02001P 0L " KIMBERLY GOODYEAR, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY RUSTY GOODYEAR, Defendant : NO. 00- 7880 CIVIL TERM ORDER OF COURT AND NOW, this day of , 2001, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before, , the conciliator, at , on the day of ,2001, at m., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court and to enter into a temporary order. 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 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 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. ik-, " .""." "'__C_r",,,,,,,;, ;',~"'V "_ \;":',I_,""':~___'-,' nJ_ _ ,,_r:~1 , -. "I" . -, <' :",,'-, ." ---",~~~",..- - - ~- -,- ~ "--~, ~,' ? - -" r~ ~. , ", KIMBERLY GOODYEAR, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY RUSTY GOODYEAR, Defendant : NO. 00- 7880 CIVIL TERM PETITION TO MODIFY CUSTODY ORDER 1. The petition of Kimberly Goodyear, by her attorneys, the Family Law Clinic, respectfully represents that on February 14,2001, an Order of Court was entered for custody of Michael Goodyear, born May 1, 1985, a true and correct copy of which is attached. Under the existing Order, Father has primary physical custody of the child. Mother has partial custody of the child. Mother is to have physical custody of the child on alternate weekends from Friday at 6:00 p.m. until Sunday at 7:00 p.m, one evening per week from 6:00 p.m. until 8:30 p.m., and holidays and summertime to be shared by the parties as they mutually agree. 2. This Order should be modified because: a. The child, who is 16 years old, has expressed a desire to live with his mother. b. Upon information and belief, on June 6, 2001, the child told his father that he wanted to move to his mother's house. Father refused to discuss the issue with the child. c. On June 24, 200 I, in the presence of the mother, the child told his father that he wanted to move to his mother's house. Father refused to permit the child to move back to his mother's house or to discuss the matter further. d. The child would not have to switch schools if he resumed living with his mother. e, Mother had primary physical custody of the child until November, 2000. ~,~,>c,- ? - ~-~~'-'.., ':-"~:--'0'- ',' '"l"'" 'I>" :T'-"'~" ,'- .""'''-.- " - ~ .' :L '. , << f. During the summer, Mother has attempted to schedule additional time with the child, but Father has refused to discuss this matter with Mother as he is required to do under the February 2001 Order. g. During the summer, the child is being cared for by Father's mother in law. Mother wishes for the child to be sent to her home instead of to Father's mother in law's home. Father has refused to discuss this matter with Mother as he is required to do under the February 2001 Order. WHEREFORE, Petitioner asks that the Court modify the existing Order for Custody and grant Mother primary physical custody because it will be in the best interest of the child. Date~ )\'-4 \0, ~\ \ , ~O~~.u.*~~ Debra Hart Munche1 Certified Legal Intern lL C'~ Tho M. Place Robert E. Rains Teri L. Henning Supervising Attorneys i<J - FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 -"",'''''." """,< "'-,_x"~;.~; ",___"'~' _,~:'I:>"-'" -' ',,;" , ;.--~I'_':': _.'.'~' ---- 'c_. ,--~, . '. ,,- -, " ,. ,_ C'_~"?'~ , ~. . .. VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. 11 4904 relating to unsworn falsification to authorities. Date::}U\U ~) 2tf) I \ }DrmQ~~ jj.?"cvD J ~R Kimberly Goody~ar ~'(J - ~ ~ l,s",c/-o--W"-'C' - '. -~~,- -,'_'.;y _~,_,_ '_""_'t,~. "~;"__," -~."-~~~"r:-~t_ . - ~. ," -'0_ .'J '1:"1 ""i,_. ,:-"-.' _>;-1^'~ " --'.' .- - -, -",., - -~-- - ,-",,-~, ;i,J - ,- " CERTIFICATE OF SERVICE I, Debra Hart Munchel, Certified Legal Intern, the Family Law Clinic, hereby certify that I am serving a true and correct copy of a Petition to Modify Custody Order on the following person by fIrst class U.S. Mail, postage prepaid, this 6tl'day of July, 2001: Dale F. Shughart, Esquire 35 East High Street Carlisle, P A 17013 Uillh.<1- ~ 6:.. v\Y\...l ~ WL9- Debra Hart Munchel CertifIed Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 ,; "~,'-,,">:" ~'--,-- - --~",-,,,.-- --~L-,,'~':',,"'-:"--'"' 1"-, < "-.,'"",',-'"-''-,''''---,''" .,,-,---- ',',' ( . - -- '--...,1- ,,~ '","'~ "O'_~ _ _ ~ - ~'-""'","l" _','4 _ ~ II I ~~ -~~--~" ......"""'""'i ,-~ ._~,~~.. ~ '.', > ~"- /Jd'~_'_ -~''''_ -..' ''.'' -'" " ".", "0,," ~",,'__' ,~r,,__~,. ,. r' , , - '.""1-'"'~'" ", . ., (:::;::. {""', " .< \ ~';' c-,] ~1: ;0;1.. '"..~~""'" '~'-'~~- ,~ 1l...>=_,,,.,_.,!!I"IIK~"I~fiIl~,,,_",~_,4'1l!l ~~ IIUG 1 3 2001 f\ ~ ~ KIMBERLY GOODYEAR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00-7880 Defendant CIVIL ACTION - LAW CUSTODY RUSTY GOODYEAR, ORDER OF COURT Hess, J. - AND NOW, this 1(.." day of August, 2001, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Kimberly Goodyear and Rusty Goodyear, shall have shared legal custody of the minor Child, Michael Goodyear, born May 1, 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 Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of Pa. C. S. S 5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. 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. 2. Physical Custody. The Mother shall have primary physical custody. The Father shall have liberal partial custody arranged as follows: A. Each Wednesday evening from after school or after Father's work until the following Thursday morning when the Child is returned to school. This shall become effective August 8,2001. B. Alternating weekends from Friday at 6:00 p.m. until Sunday at 7:30 p.m. to be effective August 17, 2001. C. Friday, November 23, 2001, through December 2, 2001. It shall be permissible for the Child to miss school the week following Thanksgiving if all grades are above a "C". D. October 18 through 20, 2001, and E. Other times as the parties may agree. ..-^- '"'-""r.-. ,-,.~!"-'t . .-_.r",., _, "1- c_ " --I' < . ~;;tolll~g",~~lJ;Ill.::.!~lW-~~~'kk,-#"Hl\~.fuj;~~~~aiii;m"~J:ll ~~ , ... .~ L J ,.i>iHIi~-9'-~ -<f 1'1' ~ if " I:!: fii!: :M/;&~ :;i: (Ii '!i- t:' l!1 I::, I' Ii' I,.:, [:: , Ie il!' I"....' I~I I' :1 ,~' ii' :il:' .1 il: h 1:-' F Ii If Ilg ~. (':T!'lC!\!;JTARY [] i AUG I 6 i\J~ iO: U 8 CUMBF:I-:U\ilD COUNTY PENNSYLVANiA /- '" No. 00-7880 3. Christmas. Christmas shall be shared as the parties agree. Father's period of custody for Christmas 2001 shall begin on December 25th at 2:00 p.m. 4. Brian Fahnestock shall not be present during any of Mother's periods of custody with Michael unless Mr. Fahnestock has not been consuming and does not consume alcoholic beverages or controlled substances, and the Child agrees that Mr. Fahnestock may be present. 5. No visits shall occur at the residence of Brian Fahnestock, unless the Child agrees. 6. Summer. Summer custody shall be shared by the parties as they shall mutually agree. 7. This Order is temporary in nature. Upon mutual agreement of the parties it may be modified. In the event that the parties cannot agree, the terms of this Order shall control pending an additional Custody Conciliation Conference, or further Order of Court. BY THE COURT, Dis!: Teri L. Hennings, Esquire, Family Law Clinic, 45 N. Pitt Street, Carlisle, PA 17013 . ~ ?_I/..bl Rusty Goodyear, pro se, 3 Mooredale Road, Carlisle, PA 17013 liLt <.tJ ~ ^~."' .' '."".1 1 ""'" h ,/ vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-7880 KIMBERLY GOODYEAR, Plaintiff Defendant CIVIL ACTION - LAW CUSTODY RUSTY GOODYEAR, CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Michael Goodyear May 1,1985 Father 2. The parties' second Custody Conciliation Conference was held on August 6, 2001, with the following individuals in attendance: the Mother, Kimberly Goodyear, and her counsel, Teri L. Hennings, Esquire, and Debra Hart Munchel, CLI; the Father, Rusty Goodyear, pro se. 3. The parties reached an agreement in the form of an Order as attached. D,!hIOJ L(.~~,~ Custody Conciliator ",.11l:ill~ "' '_"~,""r-: _I " ,-- .'.1" ,