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HomeMy WebLinkAbout99-00501 (2) Although Mother stayed with Father as long as she could, she was forced to leave. Mother was working full-time and trying to pay down substantial debt. Father had begun taking money from their joint account to support his drug habit. Mother was unaware of this and checks began to bounce. The abuse was also escalating and Mother filed a Protection from Abuse Petition in approximately December, 1998. Criminal charges were also filed against Father. Father has entered a plea of no contest and is still awaiting entry into the ARD program. Due to the long-term physical and emotional abuse that Mother received from Father, she became depressed. Mother was forced to take a leave of absence from her employment and began relying on her extended family in Michigan for support. Mother sought employment positions in Michigan and her grandmother's home became available for her. Mother's therapist recommended that she obtain a better support system. This is available to her in Michigan. Mother has a very nice home in Michigan and Emily has her own bedroom. Mother has more than 100 relatives living in the Michigan area. Mother and her children see these relatives often and this extended family is very close. Mother has developed a romantic relationship with a long-time friend of the family, Arthur Cassell. Arthur and all of his relatives are also in Michigan. The two families are very close. Arthur has a great relationship with the minor child and provides Mother with the support she never received from Father. Arthur has no intention of replacing Father but feels he can be a positive influence on the minor child. Mother has moved to Michigan to improve her life and the life of her child. Father's own actions necessitated the move. Regardless, Mother has acted in Emily's best interest and with the support of her family they are thriving in Michigan. 2 the child. The child also has a large number of cousins and friends in the area who arc close in age. Mother has found full-time employment and has recently received a promotion and raise. Mother has settled in the area very well. The minor child has a day-care provider while Mother works. The child also attends church regularly with Mother. The minor child will no longer witness violent outbursts of Father beating Mother or punching holes in the walls. Although Mother has experienced an economic advantage by moving to Michigan, the non-economic advantages are far more valuable. The advantages to Mother and child are substantial and their quality oflife is greatly improved. Mother did not decide to move on a momentary whim. It is clear that Mother has always been close to her family in Michigan. Mother considered several job opportunities in Michigan. Mother gave serious thought to how her life and her child's life would be improved by moving to Michigan. Accordingly, the minor child should be permitted to relocate with Mother to Michigan. The second factor to be considered is the integrity of the motives of both the custodial and non-custodial parent in either seeking the move or seeking to prevent it." rd. The court has stated that "each parent has the burden of establishing the integrity of his or her motives. . . ." Id., 400 Pa. Super. at 186, 583 A.2d at 440. Mother's motives in seeking to relocate with her daughter are unquestionable. Mother stayed with Father as long as she could until her own safety was at risk. Mother went to a place of refuge and has secured a good home in which to continue raising the minor child. Mother has no intention of keeping Father from seeing his daughter. Mother has moved in an effort to improve her life and provide a safe place to raise her children. Mother's motives are not 4 , "' questionable. Father's motives are easily questionable. Father has failed to take any responsibility for the separation of the parties. Father has not acknowledged his drug problem or his history of abusive conduct. Father has failed to consider what is in his child's best interest. Father was presented with an alternate custody schedule providing him with time comparable to what he had prior to Mother's move and failed to agree to it. Father's motives are not genuine and should not prevent Mother from moving with the minor child. The third and final factor the court must consider is "the availability of realistic substitute visitation arrangements which will adequately foster an ongoing relationship between the child and the non-custodial parent." rd. rt should be noted that the court has reiterated time and again that a move which secures a "substantial advantage for the custodial parent and children will not be disallowed simply because visitation cannot continue on the existing pattern." Gruber, 400 Pa. Super. at 186, 583 A.2d at 440. The parties underwent a custody evaluation which was performed by Dr. Arnold Shienvold. Dr. Shienvold recommended a custody schedule providing Father with one week per month and additional time during the summer. Mother is agreeable to those terms being entered as an order. Mother's only additional request would be for Father to submit to random drug testing. Father has moved in with his mother and his custodial periods take place at her home. Mother would also like this to continue. Such an arrangement will foster ongoing contact with Father. Therefore, the substitute visitation arrangements are adequate and comparable to Father's custodial periods prior to Mother's move to Michigan 5 ( . ~ schedule having the child on Easter in 1999. 6. The parties shall share the Thanksgiving Day holiday with the father having the child from 6:00 p.rn. on Wednesday, the day before l'hanksgiving, until 3:00 p.m. on Thanksgiving Day when the mother shall have the child. 7. The mother and futher sha1I alternate the Christmas holiday with one parent having the child on Christmas Eve from noon until Christmas Day at noon, and the other parent having the child from noon on Christmas Day until December 26th at noon. The mother sha!I commence. the schedule having the child on Christmas Eve in 1999 and in odd years thereafter, and the futher sha1l have the child in the even years. 8. The mother shall have the child on Mother's Day from 9:00 am. and keep her for the remainder of the day, and the futher sha1I have the child on Father's Day from 9:00 am. untiI 8:00 p.rn. 9. The father shaD have the right to partial custody of the child for two weeks of each . year. The father shall give the mother 30 days notice as to when his vacation time will take place. The mother shall have the right to have the child on weekends during that time unless the father takes the child on a vacation trip including weekends. The mother also has the right to take the child on a vacation each year including a maximum of3 weekends. Each party sha1I provide the other with " addresses and telephone munbers where they can be reached in the event of an emergency while on vacation with the child away from their homes. 10. The father shaD not be under the influence of illegal drugs before or during his periods of partial custody with the child. II. The mcther and father, by mutual agreement, may vary from this schl.'dule at any time, . . '. of Cumberland County. The Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. The Defendant is to refrain from harassing Plaintiff's relatives or the minor child. o 9. Defendant is directed to pay temponuy support for (name's of personls ) as follows: (insert amount, frequency and other terms and conditions of the support order) _' This Order for support shaD remain in effect until a fina1 support order is entered by this COUrt. However, this Order shall lapse automatically ifPlaintifr does not file a complaint for support with the Court within fifteen (15) days of the date of this Order. The amount of this temponuy order does not nec.PSSarily reflect Defendant's correct support obligation, which sha!I be determined in accordance with the guidelines at the support hearing. Any adjustments in the fina1 amount of support shall be credited, retroactive to this date, to the appropriate party. o 10. The costs of this action are waived as to P1aintiffand imposed on Defenclant. o 11. Defendant shaD pay $_ to Plaintiff as compensation for Plaintift's out-of-pocket losses, which are as foUows: OR o Plaintiff is granted leave to present a petition, with appropriate notice to Defendant, to (Insert the name of the judge or court to which the petition should be presented) _ requesting recovery of out-of-pocket losses. The petition shaD include an exhibit itemizing all claimed out-of-pocket losses, copies of all bills and estimates of repair, and an Order scheduling a hearing. No fee shall be required by the Prothonotary's office for the filing of this petition. o 12. BRADy INDICATOR o 1. ThePlaintifforprotected person/s is a spouse, former spouse, a person who cohabitates or has cohabited with Defendant, a parent ofa common child, a child of that person, or a child of Defendant. . . o 2. This Order is being entered after a hearing of which Defendant received actual notice and had an opportunity to be heard. o 3. Paragraph I of this Order has been checked to restrain Defendant from harassing, stalking, or threatening Plaintiff or protected person/so ( ( . . '. o 4. Defendant represents a credible threat to the physical safety ofplaintiff or other protected personls OR o The terms of this Order prohibit Defendant from using, attempting to use, or threatening to use physical force against Plaintiff or protected person that would . reasonably be expected to cause bodily injury. IB> 13. THIS ORDER SUPERCEDES: (B) ANY PRIOR PFA ORDER and (B) ANY PRIOR ORDER. RELATING TO CHILD CUSTODY. (B) 14. All provisions of this Order shall expire one year from the date this Order is entered. NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDERMA Y RESULT IN YOUR ARREST ON 1HE CHARGE OF INDIRECT CRIMINAL CONTEMPT WInCH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONnIS. 23 PA.C.S. fi61l4. VIOLATIONMA Y ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER. TIlE PENNSYLVANIA CRIMES CODE. TIIIS ORDER IS ENFORCEABLE IN ALL FIFTY(SO)STATES,1HEDISTRlCTOFCOLUMBJA, TRIBAL LANDS, U.S. TERRITORIES, AND TIlE COMMONWEALTH OF PUERTO RICO UNDER. THE VIOLENCE AGAINST WOMEN ACTION, 18 U.S.C. fi2265. IF YOU TRAVEL OUTSIDE OF TIlE STATE AND INTENTIONAllY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER TIlAT ACT. 18 U.S.C. ~2261-2262. IF PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER TIlE ''BRADY" PROVISIONS OF THE GUN CONTROL ACTION, 18 U.S.C. fi922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over Plaintiffs residence OR any location where a violation of this Order occurs OR where Defendant may be located, shall enforce this Order. An arrest for violation of Paragraphs I through 7 of this Order may be without warrant, based solely on probable cause; whether or not the violation is committed in the presence of the police. 23 Pa.C.S. '6113. Subsequent to an arrest, the police officer sha!I seize all weapons used orlhreatened to be used during the violation of the Protection Order or during prior incidents of abuse. The Cumberland County Sheriff s Department shall maintain possession of the weapons until further Order of this Court. .," . (" ( '. schedule having the child on Easter in 1999. 6. The parties shall share the Thanksgiving Day holiday with the father having the child from 6:00 p.m. on Wednesday, the day before Thanksgiving, until 3:00 p.m. on Thanksgiving Day when the mother shall have the child. 7. The mother and father shall alternate the Christmas holiday with one parent having the child on Christmas Eve from noon until Christmas Day at noon, an:! the other parent having the child from noon on Christmas Day until December 26th at noon. The mother sha1\ commence the schedule having the child on Christmas Eve in 1999 and in odd years thereafter, and the filther sha1\ have the child in the even years. 8. The mother sha1\ have the child on Mother's Day from 9:00 a.m. and keep her for the remainder of the day, and the father shaD have the child on Father's Day from 9:00 a.m. until 8:00 p.m. 9. The father shall have the right to partial custody of the child for two weeks of each year. The father shaD give the mother 30 days notice as to when his vacation time will take place. The mother shall have the right to have the child on weekends during that time unless the father takes the child on a vacation trip including weekends. The mother also has the right to take the child on a vacation each year including a maximum of 3 weekends. Each party sha1\ provide the other with addresses and telephone numbers where they can be reached in the event of an emergency while on vacation with the child away from their homes. 10. The father shall not be under the influence of illegal drugs before or during his periods of partial custody with the child. II. The mother and father, by mutual agreement, rnay vary from this schedule at any time, ( Local Relative List Michiean Nwne Relationship Approximate ARC Location Robert and Margaret Uncle and Aunt 67,64 lonia, MI Janes Lynn and Brad RogC1S, Cousins 40,42, lonia, MI I son. I daUldtter 16 13 Gail and Mark Bmun, Cousins 38,40, lonia, MI 2 sons, I dauRhter 8,6.3 Marc and Carrie Janes Cousins 35,35. Oregon, WI* I daUldtter. I son 6 1 Marilvn Lallv Aunt 70 Lowell..MI Roger and Chris Cousins 49,45 Belding. MI Scheiem, t dauRhter I son 20 17 Dale Scheiem Cousins 45 Cedar, MI and Evan I Diane and Joe Harp Cousins 47,46 Hernando. Mississiooi* . . Scott and Lisa Harp Cousins 25,25 Hernando, Mississippi* I son 6mos TIlICV Ham Cousins 23 Hernando Mississiooi* Judy and Paul Bunting Cousins 43.45 South Haven, Mr 2 daUllhtC1S t8 16 Rex Scheiem Cousin 41 WilIiamsb\lIJ!. MI Carol Jensen Aunt 75 Greenville MI Mikc Jensen Cousins 47 Vestaburg, MI 3 sons 20 18 16 Jim and Shirlcv Reeder Cousins 67 60 lonia. MI Gordoo and Jearmie Cousins 38.36 Fenwick, MI Reeder. 250ns 8,4 ,'\' "',.',' I"~, I ' '::: .p~~"NTIFF/S" , ,:',. ~XHIBIT".,.' .'. .. , ~', Idll"1 )3 '7>'<..P . ._-~.._- ----. Louie and Julie Ann Cousins 37,35 Chasscll, MI Reeder 2 sons I daWlhter 16 11 14 Roger and Lynn Reeder Cousins 35,35 lonia, MI Twin daughters, one additional daughter t2,12,3 Penny Sue Reeder Cousins 32 lonia, MI 3 sons II 9 6 Theresa Reeder Brown Cousin 28 Jonia. MI Joyce Reeder Bmun Cousin 62 Clinton, MI Beverly Bridgewater Cousins 35 Jonia, MI 2 sons 1 daUghter 14 10.12 KarenBmun Cousin 30 Charlotte MI Patty Brnun Cousin 28 Charlotte MI Jackie Reeder COll5in 65 lonia, Mr Christiansen . Leona Davis Cousins 42 lonia, MI 2 daUld1ters 16,11 Scott Christiansen Cousins 40 Indiana, MI 6 children 1412 10,8,6,4 Jean EcIllcrlv Cow:in 58 Charlotte MI Helen Simms Cousins 30 Lyons, MI I son 6 Kathv Reeder Van Heck Cousin 59 Carson City. MI Joe Van Heck Cousin 37 AIma.MI Radine Van Bellen Cousin 34 Manistee, M I 1 son. I dauAAter 8 6 . . Wanda Ludensla2er Cousin 30 Fenwick, MI Diane Reeder Cousin 41 Battle Creek, MI Gina Reeder Cousin 38 Caro Lake MI Clark Reeder Cousin 67 lonia, MI Mwy McNally Cousin 48 lonia, MI , . --.--------- ---- -- Amy Fcnnell -- Cousins 27 Ada,MI 11IQn -- 4mos ------ Tiffany Seilcr Cousins 25 Portlnnd, MI Twin sons 4 4 - Holly InvlIIl!eston Cousins 48 lonia, MI 2 lIQns. 1 daUahter 19 13 15 Dlll\ Rceder Cousins 40 lonia, MI I 5011, I dawdtter 12,9 Kelly Carleton COI1~ins 38 Portlnnd, MI 2 sons 11 7 Larrv Reeder Cousin 60 lollia MI Lisa Emmons CoU8irw 40 (ooin, MI 2 sons 1 dauRhter 18 15 11 . Karen Reeder Cousins 37 Ionia, MI 2 dawzhlcJs 4,6 Brenna Reed Cousins 23 lonia, MI I son 1 Jennifer Barlowe Cousin 21 lonia, MI Marv Ellen Wittcnbach Cousin 60 Saranac, MI Sharon Bmndt Cousin 58 Muir, MI Don Bmndt Cousin 37 Muir, MI . Jeff Bmndt Cousins 35 Muir, MI 2 daughtCTS 56mos Doris Hopkins Cousin 56 Saranac MI Tammv Hookins Cousin 33 Fannimrton, MI Bruce Hopkins Cousin 32 HO"Dht~ MI Jack Detmcrs Cousin 67 Grand Raoids MI Christinc Dctmcrs Cousin 41 Grand Rapids, MI Karen Dctmers Cousin 46 CJf'dIld Rapids. MI I son. 1 dawdttcr 23 14 . Kathy Dctmcrs Shaffer Cousins 43 Grand Rapids, MI 1 dauRhtcr 21 , . ----c-- COll~iIlS -- 50,50- anui'd Rapids, MI Mike OIId Jessie DcbnClll I dnwzhter I son 27,20 --,-. .,.~a Coneen DetrnClll Cousins 48 Gmnd Rapids, MJ 2 sons I dnullhter 23, IJ!, 25 Carol Ann Debners Comins 40 Wayland, MI 250ns 12,10 Steve Detrners COllsin 37 Gmnd Rapids, MJ 280115 68 Beltv Loveless Cousin 55 ronia MI Herbert Loveless, Jr. Cousins 36 Janis, MJ 2 dnwzhters 12 8 Jim Loveless Cousins 34 Pelkie, MJ I dnullhter I SOlI t4 13 Kelly Church Cousins 30 Fenwick, MI tdamdtter 4 Carrie Tool Comins 28 Belding, MI I SOIl I dnwzhter 74 Carl and Renee Janes Cousins 45,43 Ada, Ml 2 dausmters I SOlI 21.19,18 DanelI JOIIes Comins 48 Ada, MI 6 darnzhters, 15011 28 27 23 21 17 12 8 Barbara Adams Cousins 62 Jonis, MI 3 daughters, I 5011, I RIlIJIdchiId JW1e Downing Cousin 65 Sl. Johns, MI Becky Downing Cousins Sl. Johns, MI 4 children Brenda Downing Comins Fowler, MI 2 children Barbie Downing Cousins Muir, MI I dnuahter IJRJI)GET ANN JOHNS, PLAINTI...... IN TilE COURT OF COMMON PLEAS OF CUMEI{LANI> COUNTY, PENNSYLV ANrA V. NO. 99-501 crVIL TERM I>A VIJ) WILUM,I JOHNS, I>EFENI>ANT. CIVIL ACTION - LA W MEMORANDUM OF LAW OF FATHER This is a casc wherc thc mothcr scparatcd voluntarily from the father; had establishcda liaison with anothcr man from Michigan; brought thc othcr man into the household with her two childrcn the day allcr scparation ofthc husband and wifc; cohabited with thc man in the same houschold with thc children; Icll the homc ofhcr mothcr, a deceased grandmother, a number of rclatives, hcr own husband and thc child, numcrous rclatives of the child Including parental grandparcnts, unclc and aunt, stcpbrothcr; sought by wcbsite a job in Michigan while telling her husband and hcr fonncr husband father of her other child that shc did not intend to move to Michigan; and moved to Michigan to rcside with hcr companion. rn thc casc of Grubcr v. Gruber, 583 A 2d 434, 1990, the Superior Court established very clear and very strong guidelines in such a casc: I. The movc of a child whcre thc one parcnt relocates at a geographical distance of the other parcnt, must substantially improvc thc quality of life for the parent moving and thc child who has movcd. 2. Thc COllrt must cstablish the integrity ofthc motivcs (wc do submit this includes immoral conduct!: of the parent moving to a geographic location. 3. Thc parcnt moving to a geographical distancc has thc initial burdcn showing that the move is likcly to significantly improvc quality of life for thc mother and thc child. 5. Thc moving parcnt has thc burdcn ofcstablishing thc integrity of her motivcs in moving. 6. Thc Court will considcr whether the mothcr's ability to bc an cffective parent to thc child is seriously undermincd by difficulty and unhappiness of her life in Pennsylvania; and whether thc movc to a distancc state was likely to substantially promotc hcr wcll being and make hcr a bctter parent. In thc prcscnt case, as we examinc cach scparatc considcration that the Court has set forth abovc, wc find that all or the majority of the considcrations inurc to the bcnefit of the Hither and entitlc thc fathcr to receivc primary custody ofthc child. The move was madc by the mother for thc sole purposc of going to Michigan to the homc of a boyfriend, ifnot a paramour, who lived in Michigan and whom mothcr had mct on an occasional trip to Michigan. The mother had a homc with two childrcn, onc by cach of two separate fathers, and had no rcason to go to Michigan exccpt to bc with her boyfricnd. Shc had ajob hcrc and no job in Michigan at the timc of hcr dccision. Thc mothcr's home was hcrc in thc Harrisburg arca. Shc had a husband who wanted to rctain thc marriagc. THERE WAS NO DENIAL OF TI-IIS DEFENDANT ALLEGATION. To movc to Michigan to bc with anothcr man whilc marricd to thc fathcr docs not meet the burdcn ofcstablishing integrity ofhcr motives. Thc mothcr had prcviously bccn marricd lor two ycars to a Stcphcn Bcrg by whom shc had a child, agc 8, and was marricd for two ycars to thc tilthcr in this casc, by whom shc had a child of3 y, ycars, and sincc hcr tinnily was hcrc to givc hcr any support and lovc; and since shc would havc had no problcm obtaining a job hcrc. thcrc was nllnccd to go to Michigan "to promotc thc wcll bcing ofa mothcr and makc hcr a bcttcr parcnt..." In thc Gruber casc, thc Court was conccrncd as to whcthcr thc mothcr "had i1lcgitimatc motivc in sccking to movc..." That iIIegitimatc movc is clcarly cstablishcd in thc prcscnt case. In thc Grubcr casc, thc mothcr had custody ofthc childrcn and bccamc incrcasing dcprcsscd and isolatcd with a dctcriorating psychological statc, with a lack of cmotional support in thc abscncc of fricnds or liunily and othcr anxictics. That was thc rcason that thc mother rclocatcd to anothcr arca whcrc shc would havc till11i1y and support ncarby and whcrc shc could concludc hcr prcgnancy any morc strcss-frcc and promising cnvironmcnt. Nonc ofthcsc factors cxist in thc prescnt casc. Thc mother had bccn marricd for two ycars to Stcphcn Bcrg and now was married lor two years to David Johns. Thc circumstanccs arc quitc parallcl. In thc Gruber casc, the mothcr staycd with hcr brothcr and sistcr-in-Iaw, who were her c10scst rclatives, without othcr relativcs cxccpt that cven grcatcr gcographical distances. In addition, thc mothcr in Gruber had no fricnds in the local arca and felt isolated. Nonc ofthosc circumstanccs exist in this casc, since in fact hcr closest relativcs arc hcrc in thc Harrisburg area and not in Michigan. III effect. the mother le.fi all a/these goodfami~v relatiollships alld child- raisillg cOllditiolls. close relatives; a close relatiollship with thefillher 's/(lIlli~v; ajob;/i'iellds; alld the proximity of her SOil. What could bc morc attractivc to her than to have these child- raising conditions? Thc father submits that thc guidelincs laid down in Gruber are in fact stronger than guidclines, since the Court stated that "wc bclicve that thc standard must bc given more specific and instructivc content to address, in particular, "rclocation disputes." Wc notc that the Gruber casc emphasizes the importance of primary physical custody in onc parent. "rn terms of the bcst interest of the child, the primary physical custody family must be viewed as the family ccntral and most important to the child's best interest." rn the present case, the primary physical custody of the father would continue the close access to and relationship with thc child Emily with her sibling brother Tyler and with all the relatives of both the child's mother and fathcr here in the Harrisburg area. The problems that thc father had cncountered early on during the marriage have dissipated with thc scparation of the parties. Thc lathcr met all counscling sessions and terminated his use of drugs in 1998. Thc Court evcn notcd "the nature of that (non custodial) relationship is necessarily different and Icss intensc and not as inlormative and inllucntial as thc other." The Court went on to statc what could well bc the key to resolution of this case: ".. .whell relocatioll is likely to result ill a substalltia/~v ellhallced quality of life/or a custodial parellt. o/iellthe child's best illterestwil/ be illdirect(I' but gelluille(v selwd." The distinction betwccn thc Gruber case and this casc is that thc Gruber case, there was substantial tcstimony that supported a conclusion that the mothcr by moving out of state would cntcr a "substantially enhanccd quality oflifc" to serve the child's bcst intcrcsts. In the present case, from thc vcry inccption ofthc movcmcnt and conncction to Michigan, thcrc is vcry little to cnhancc thc quality of lifc for the custodial parcnt in relations}lip to thc child. Thc Court gocs on to consider thc following filctors: I. Thc potcntial advantagcs ofthc movc to Michigan and thc Iikclihood that thc movc would substantially improvc thc quality of life fbr thc mothcr and thc child. "And is not thc rcsult of a momcntary whim on thc part ofthc custodia' parcnt". rn thc prcscnt casc, thc Court can consider that thc trip ofthc mothcr to Michigan fbr whatcvcr purposc, at which time shc apparcntly met hcr boyfricnd, certainly qualifics as "a momcntary whim". 2. Thc Court will considcr that thc rclocation may bc motivated by a dcsirc to rctum to a nctwork of family or fricnds. That is not thc situation in this casc. 3. Thc pursuit of cducational opportunities. That is not this casc. 4. Sccking an improvcd physical cnvironmcnt in which tolivc and raisc a child. That is not this casc. Thc strcngth of Grubcr is that thc Coort rnthcr sternly states "that courts arc not frced to ignorc or discount non::cconomic factors which arc likcly to contributc to thc wcll-bcing and gcncral happincss ofthc custodial parcnt and thc children." Thc Court ~ cxaminc thc intcgrity ofthc motivcs thc parcnt in seeking to prcvent it. Wc havc cxamincd abovc thc motivcs ofthc mothcr. Thc motives of the fathcr are not for pcrsonal physiological gratification or cstablishing a third personal malc rclationship in four or fivc ycars. Thcrc is no tcstimony whatsocvcr that the fathcr had any romantic intercsts with anothcr woman. Nor is thcrc any cvidcnce of motivation to frustratc the standards of which this Court has sct to achicvc thc bcst intcrest of thc child in Grubcr. Finally, thc Court is concern cd with transportation arrangcments. rn this regard, the fathcr citcs the cascs of Commonwealth ex rei Sukrat v Gearhart, 178 Pa. Supcr 245, 115 A 2d 395, 1955 and cascs citcd in Pcnnsylvania Family Law, Custody and Visitation, Scction 5.1. 7(b), providing that nonrcsidcnt parent who intends to rcmovc a child from thc jurisdiction may bc awardcd custody upon the condition that shc bore the expense of transporting thc child to thc location ofthc othcr parent during visitation. With rcgard to Dr. Schcinvold, Schcinvold's provision for thrce weeks with the mother and onc extcnded week with thc father, the Court statcs "fonner weekly visitation may have to givc way to an altcrcd schcdulc which allows for Icss frequcnt but more extendcd contact betwccn parcnt and child". Whcn the Gruber case found in favor ofthc mothcr to relocate to Illinois, the facts were so dramatically different than the prescnt casc, that mothcr cannot rely on the Gruber case for support. The strcngth ofthc Gruber casc is that thc Superior Court chastised the lowcr court by saying that "thc trial court in pcrnlissibly cithcr ignorcd or misundcrstated the pertinent factors which mother product to cstablish that thc movc would substantially cnhancc the quality of her lifc and that ofhcr childrcn." This constitutcd an abusc of discretion. Contrary to Grubcr finding, thc Court in this casc cannot find that thc mothcr considered hcrself"to bc living in alicnate cnvironmcnt surroundcd by pcoplc she kncw solely through now highncss cstrangc husband." Grubcr is so distinguishcd from this case that contrary to a finding that "Shc had no closc fricnds in thc arca and no family," the mothcr Bridget had closc friends, had family, had hcr son hcrc in the arca, and had ajob, and had a husband." Thc situation ofthc mothcr inviting thc boyfricnd into thc marital homc with the children prcscnt onc day allcr thc flllhcr Icll thc prcmiscs is a moral impropricty. Thc case of Brown v. Brown 206 Supcr 439213 A 2d 395 1965 oI'that any conduct on thc part of a custody contestant which cxposcs thc childrcn to moral improprictics will wcigh hl\g)in~t->testant. -\~~ C_(\ J , I I f' I i I' I , r I , I i" I r ; f I I , , I , I'iI I I i different custody action, as soon as possible. According to the Mother, the move would serve the best interests of herself and the Children in that she has substantial extended family members in Nichigan, inclUding her aunt and uncle and several cousins, The Mother expressed concerns about the Father's ability to provide ongoing care for the Child on a regular basis. The Mother indicated that she has good jOb prospects, having already been offered one job and having three scheduled interviews for additional positions in Michigan. The Mother plans to rent a residence from her aunt and uncle. Finally, the Mother seeks to avoid the conflicts which exist between herself and both of her Children's Fathers. A Protection from Abuse Order has been issued in connection with proceedings between the Mother and Pather in this case. The Mother proposes that the Father would have partial physical custody of the Child in Pennsylvania for one week every three months, two weeks during each summer and alternating Christmas and Thanksgiving holidays. The Mother believes the move would impt"Ove the quality of both her life and the Children's, and she is willing to work out arrangements which would ensure the Father's continued relationship with the Child. 6, The Father's position on custody is as follows: The Father strongly opposes the Mother's request to relocate the Child to MiChigan, The Father indicated that he has a close relationship with the Child and expressed concern that he would not be able to continue this relationship on a long distance basis. The Father believes that the sole reason the Mother is moving to Michigan is that her boyfriend resides there and she plans to get married, According to the Father, the Child's maternal grandparents and three of the Mother's siblings reside in the local area in Pennsylvania. The Father stated that the Mother has or had a very good job in Pennsylvania with a substantial income, The Father believes he has been an equal caretaker of the Child, at least until the parties separation in December 1998, when the Mother took primary custody of the Child, The Father believes it would be in the Child's best interest if he were to have primary physical custody of the Child in Pennsylvania, 7. The Conciliator recommends an Order in the form as attached scheduling a Hearing on the Mother's Petition for relocation and setting forth the temporary custody arrangements to which the parties agree pending the Hearing. The Mother requests that the Hearing be expedited due to her impending move to Michigan. It is estimated that the Hearing will require one full day. 4,n;fl ?, / '1 f 'J Date , eeL u afo~.; . Dawn S. Sunday, Esquire Custody Conciliator l::' ~ ~ .. " ~" !-1 ~ ~ '" ~ c.-~ ~ t~ J~ ~'\ f- '-.; >- (") >- rJ"; N :;~ j:'::= M ~1~~ UJQ <':'1(--; :C ('- .' J__. "I.- CI:::j 11-..... ~~j .--....- ::-~-,,(f) n: C~ ."]Z t:r:.c:,- n:z -.Jl11 n.: ~l.llU u:: _.C .,..r. f{',Cl.. F- :c ...;: u_ cro '5 0 en u ..:_~.~.":~ .:.:.:...... >:'i<':'..: :.:':.' '::..>.>'-..:.':.':~....'.:.:.\" ',:..::..:.,: ::":'::.' <:: ":.>,:.: ". . STEPHEN C. BERG, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANrA NO. 96-3429 PLAINTrFF v. BRIDGET ANN JOHNS (formerly Berg), DEFENDANT crvrL ACTION - CUSTODY BRIDGET ANN JOHNS, PLAINTIFF rN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANrA NO. 99-501 /' v. DA VID WILLIAM JOHNS, DEFENDANT CIVIL ACTION - CUSTODY PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of the undersigned as counsel for Bridget Ann Johns in the above- captioned actions. LEGAL SERVICES, INC. Date: ,1-/0 - ,~'7 J JOAN CAREY, ESQUr 8 rRVINE ROW CARLrSLE, PA 17013 717/243-9400 PRAECIPE FOR ENTRY OF API'EARANCE TO TilE PROTHONOTARY: Please enter the appearance of the undersigned as counsel for Bridget Ann Johns in the above-captioned actions. Date: q - ,;)(7- 1CJ 1I ERSON & SACKS By: ~- LER Y SMIGEL, ESQUIRE, 1011 096 17 ANN V. LEVIN, ESQUrRE, IDII70259 2917 NORTH FRONT STREET HARRISBURG, PA 17110 717/234-2401 .' (Conllnual;onOr No.2) Defendant's Name:OAVE W JOHNS Docket Number: POLICE CRIMINAL COMPLAINT contact with plaintiff except for the limited purpose of facilitating custody arrangements; the plaintiff reports that the defendant attempted to discuss with her a subject other than their child. The plaintiff reported to police that the defendant caused a threat to her, and her child's safety when he pulled away with the car door open where the child was seated, the child was not strapped in at the time. all of which were against the peace and dignity of the Commonwealth of Pennsylvania and contrary to the Act of Assembly, or in violation of I 6114 A or., 23 FA C.S.A.. FFA ACT 1 1S<<t10ll) jSubscdlOl\) tpAStlMol (COUIIIl) ohh (5oedOll) (SubKction) (PASI&luIO) (((IllIIlSl otltle (SectiOll) (Subsedion) (PASlaMe) (c.otIIllll 4 or", (Section) (Subs.cdiOll) IPASWUtt) (counll) 3. I ask that a warrant of arrest or a summons be issued and that the defendant be required to answer the charges I have made. (In order for a warrant of arrest to issue, the attached affidavit of probable cause must be completed and sworn to before the issuing authority.) 4. J verifY that the facts set forth in this complaint are true and correct to the best of my knowledge or infonnation and belief. This verification is made subject to the penalties of Section 4904 ofthe Crimes Code (18 PA. C.S. ~ 4904) relating to unsworn falsification to authorities. 4 MaJ:ch 99 ,19_ (}~/(dJ.rz&/;:;'. . /(Si~.lUte r"manlj AND NOW, on this date , 19 _, I certifY that the complaint has been properly completed and verified. An affidavit of probable cause must be completed in order for a warrant to issue. SEAL lMaFt1erillDillriClI (bsuingAulhoriryl AOPC 412o{6/96) (Inltmtl Version) 2.3 rcmain in his vchiclc at all timcs during transfcr of custody. o On _ at _.m., Defendant may enter the residence to retrievc his clothing and othcr personal effccts, provided that Dcfendant is in thc company of a law enforccment officer when such rctrieval is madc, Ii:9 3, Except as provided in Paragraph 5 of this Order, Defendant is prohibited tTom having ANY CONTACT with the Plaintiff at any location, including, but not limited to, any contact at the PlaintifJ's place of employment, except for the limited purpose offacilitating custody arrangements. Defendant is specifically ordered to stay away from the following locations for the duration of this Ordcr: Plaintitrs place of employment at Keystone Health, 300 Corporate Center Drive, Camp Hill, Cumberland County, Pennsylvania. Ii:9 4. Except as provided in Paragraph 5 of this Order, Defendant shall not contact the Plaintiff by telcphone or by any other means, including third parties, except for the limited purpose of facilitating custody arrangements, Ii:9 5. Custody of the minor child, Emily Taylor Johns, shall bc as follows: see attached Custody Order. Ii:9 6. Dcfcndant shall immediately turn over to the SherifJ's Office, or to a local law enforcemcnt agency for delivery to the ShcrifJ's Office, thc following wcapons uscd or threatened to be used by Defendant: a shotgun. Ii9 7. Dcfendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. Any weapons delivcrcd to the sheriffunder Paragraph 6 of this Order or under Paragraph 6 of the Temporary Order shall not be returned until further Order of Court. Ii9 8. Thc following additional rcliefis grantcd as authorized by *6108 of this Act: This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that Defendant has committed an act of abuse or has engaged in a pattern or practicc that indicates risk of harm to Plaintiff, The Defcndant is required to relinquish to the sheriffany fircarm license the defendant may posscss, The Defendant's weapons and firearm licensc may be returned at the cxpiration of the Protection Order after the defendant has submittcd a written requcst to the Court for the return of thc weapons and the Court has notified Plaintiff of thc request and givcn Plaintiff an opportunity to respond, A copy of this Order shall be transmittcd to thc chief or head of the policc department of Harrisburg and the sheriff o 4, Defendant represents a credible threat to the physical safety of Plain tilT or other protected person/s OR o The terms of this Order prohibit Defendant from using, attempting to use, or threatening to use physical force against Plaintiff or protected person that would reasonably be expected to cause bodily injury. (8) 13. THrS ORDER SUPERCEDES: rID ANY PRrOR PFA ORDER and rID ANY PRIOR ORDER RELATING TO CHILD CUSTODY. (8) 14. All provisions of this Order shall expire one year from the date this Order is entered, NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MA Y RESULT IN YOUR ARREST ON THE CHARGE OF rNDIRECT CRIMINAL CONTEMPT WHrCH rs PUNrSHABLE BY A FINE OF UP TO $],000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. ~61 14. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYL V ANrA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE Dr STRICT OF COLUMBrA, TRIBAL LANDS, U.S. TERRITORIES, AND THE COMMONWEALTH OF PUERTO Rrco UNDER THE VIOLENCE AGAINST WOMEN ACTION, 18 U,S.c. ~2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY vrOLATE THrs ORDER, YOU MAY BE SUBJECT TO FEDERAL CRrMINALPROCEEDINGS UNDER THAT ACT. 18 U.S.C. ~2261-2262. IF PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACTION, 18 U.S.C. ~922(G). FOR POSSEssrON, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over Plaintiffs residence OR any location where a violation of this Order occurs OR where Defendant may be located, shall enforce this Order. An arrest for violationof Paragraphs I through 7 of this Order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S, '6113. Subsequent to an arrest, the police officer shall seize all weapons used or threatened to be used during the violation of the Protection Order or during prior incidents of abuse. The Cumberland County Sheriff's Department shall maintain possession of the weapons until further Order of this Court. schcdulc having thc child on Easter in 1999. 6. Thc partics shall share the Thanksgiving Day holiday with the fathcr having thc child from 6:00 p.m. on Wcdnesday, the day bcforc Thanksgiving, until 3:00 p.m, on Thanksgiving Day when the mothcr shall havc thc child. 7. Thc mother and father shall alternate thc Christmas holiday with one parcnt having the child on Christmas Eve from noon until Christmas Day at noon, and the other parcnt having thc child from noon on Christmas Day until December 26th at noon, The mother shall commence the schedule having the child on Christmas Evc in 1999 and in odd ycars thcrcaftcr, and the father shall havc the child in the even years, 8. The mother shall have the child on Mother's Day from 9:00 a.m. and keep her for the remainder of the day, and the father shall have the child on Father's Day from 9:00 a.m. until 8:00 p,m. 9, The father shall have the right to partial custody of thc child for two weeks of each ycar. Thc fathcr shall give the mother 30 days notice as to when his vacation time will take place. The mother shall have the right to have the child on weekends during that time unless the father takes thc child on a vacation trip including weekends. The mothcr also has thc right to take the child on a vacation each year including a maximum of 3 weekends. Each party shall provide the other with addresses and telephone numbers wherc they can be reached in the event of an emergency whilc on vacation with the child away from thcir homes, 10. The father shall not bc under the influence of illegal drugs before or during his periods of partial custody with the child, II, Thc mother and father, by mutual agreement, may vary from this schedulc at any time, >- .... r:; O' .. If'; ., 1-- ...... U)r} N ~3n:; ( )1'. rt~. " .,_.",. '. t:.: (T)t~, h: 0 , , , , I fl" (' - ; " I' ., , ~~~j . -.. ~'i..... tJ, C"", '. L- c', I:.:) u.<I: OZ oo~ <I::..J W >- W>- ~ W M -'00 Z Q.Z ~ w a:~WO ZZ ~ o a:r-. ow I::; <I:~ :2Q. ] <l:~:::J<I: :2>'" f-ogz Of- 20w~ OZ u.:::J a:Cloo:..J 00 f-Z:::J>- f-O w ~:50OO "-' bJ Oa:J:Z a:Cl .!J .w WWf-fjJ :::JZ Ul ffi .::1 J:UlgjQ. 0<1: ~~ ~) -c Oa! >Ei f-:20 - u.:::JOW WW > ...... 00 -' J:Ul ~ ~ ~ wu.W~ f-:2 OOZa! Z:::J - 0<1: -0 w "'- It 0 .g, -c ..... 0 Ji 'r' ~ 8 rcmain in his vchicle at all timcs during transfer of custody. o On_ at _.m., Defendant may enter the residence to retrieve his clothing and other personal cffccts, provided that Defcndant is in thc company of a law enforcement officcr when such rctricval is made, lB> 3, Except as provided in Paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with the Plaintiff at any location, including, but not limited to, any contact at the Plaintiff's place of employment, except for the limited purpose offacilitating custody arrangements. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiff's place of employment at Keystone Health, 300 Corporate Center Drive, Camp Hill, Cumberland County, Pennsylvania. IR> 4. Except as provided in Paragraph 5 of this Order, Defendant shall not contact the ' Plaintiff by telephone or by any other means, including third parties, except for the limited purpose of facilitating custody arrangcments. lB> 5. Custody of the minor child, Emily Tayror Johns, shall be as follows: see attached Custody Order. IR> 6. Defendant shall immediately turn over to the Sheriff's Office, or to a local law enforcement agency for dclivery to the Sheriff's Officc, the following weapons used or threatened to be used by Defendant: a shotgun. IR> 7. Defendant is prohibited from possessing, transferring or acquiringany other weapons for the duration of this Order, Any weapons delivered to the sheriffunder Paragraph 6 of this Order or undcr Paragraph 6 of the Temporary Order shall not be returned until further Order of Court. lID 8. Thc following additional rclicfis granted as authorizcd by 96108 of this Act: This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that Defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to Plaintiff. The Defendant is required to relinquish to the sheriff any fircarm license the defendant may possess. The Defendant's weapons and firearm license may be returned at the expiration of the Protection Order after the defendant has submitted a written request to the Court for the return of thc weapons and thc Court has notificd Plaintiff of the request and given Plaintiff an opportunity to respond, A copy of this Order shall be transmitted to thc chicf or head ofthc policc department of Harrisburg and the sheriff o 4. Defendant represents a crcdible threat to the physical safety of Plaintiff or other protcctcd pcrsonls OR o The terms of this Order prohibit Defendant from using, attempting to use, or threatcning to usc physical forcc against Plaintiff or protected person that would reasonably be expected to cause bodily injury, I:&> 13. THIS ORDER SUPERCEDES: I:&> ANY PRIOR PFA ORDER and I:&> ANY PRIOR ORDER RELATING TO CHILD CUSTODY. I:&> 14. All provisions of this Order shall expire one year from the date this Order is entered. NOTICE TO THE DEFENDANT VIOLA nON OF THIS ORDER MAY RESULT rN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMrNAL CONTEMPT WHICH rs PUNrSHABLE BY A FINE OF UP TO $],000 AND/OR A JAIL SENTENCE OF UP TO srx MONTHS. 23 PA.C.S. 96114. VIOLATION MA Y ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENAL TIES UNDER THE PENNSYL V ANrA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBrA, TRIBAL LANDS, U.S. TERRITORIES, AND THE COMMONWEALTH OF PUERTO RrCO UNDER THE VrOLENCE AGAINST WOMEN ACTION, 18 U.S.C. 92265. IF YOU TRAVEL OUTSIDE OF THE STATE AND rNTENTJONALLY VrOLATE THrS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRrMrNAL PROCEEDrNGS UNDER THAT ACT. 18 U.S.c. 9226]-2262. IF PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, YOU MAYBE SUBJECT TO FEDERAL PROSECUTION AND PENAL TIES UNDER THE "BRADY" PROVrSrONS OF THE GUN CONTROL ACTION, 18 U.S.C. 9922(G), FOR POSSESSrON, TRANSPORT OR RECEIPT OF FrREARMS OR AMMUNITrON. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over Plaintiff's residence OR any location whcre a violation of this Order occurs OR where Defendant may be located, shall enforce this Order. All arrest for violation of Paragraphs 1 through 7 of this Order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. '6113. Subsequent to an arrest, the police officer shall seize all weapons used or threatened to be used during the violation of the Protection Order or during prior incidents of abuse. Thc Cumberland County Sheriff's Dcpartment shall maintain possession of the weapons until further Order of this Court. schedule having the child on Easter in 1999. 6. The parties shall share the Thanksgiving Day holiday with the father having the child from 6:00 p.m. on Wednesday, the day before Thanksgiving, until 3:00 p.m. on Thanksgiving Day when the mother shall have the child. 7. The mother and father shall alternate the Christmas holiday with one parent having the child on Christmas Eve from noon until Christmas Day at noon, and the other parent having the child from noon on Christmas Day until December 26th at noon. The mother shall commence the schedule having the child on Christmas Eve in 1999 and in odd years thereafter, and the father shall have the child in the even years. 8. The mother shall have the child on Mother's Day from 9:00 a.m. and keep her for the remainder of the day, and the father shall have the child on Father's Day from 9:00 a.m. until 8:00 p.m. 9. The father shall have the right to partial custody of the child for two weeks of each year. The father shall give the mother 30 days notice as to when his vacation time will take place. The mother shall have the right to have the child on weekends during that time unless the father takes the child on a vacation trip including weekends. The mother also has the right to take the child on a vacation each year including a maximum of 3 weekends. Each party shall provide the other with addresses and telephone numbers where they can be reached in the event of an emergency while on vacation with the child away from their homes. 10. The father shall not be under the influence of illegal drugs before or during his periods of partial custody with the child. II. The mother and father, by mutual agreement, may vary from this schedule at any time, .....- C") ir; (':. r~ IU(} S:d , ) (,c,. r:c ,,', L..~.. ~~.j r~ 'rl {.:.1L.. C' l.:-J1-. ~lt, Cr:: Ll..'!. .,....:( r.o. :.i: I:. en (,,) 0"' ...- r; ~ i ..- ( l:::. ':,) "-l::J ~". ..1'Y 1;--/ , :~ttn ,',-I:.L . :5 o ..., 0. E Q) u.~ ..., C >- Oz 0 en::;: u w '" Z _ <l:,-, r-! ce we w>- Cll ~~~t:: -'en C O-z 'N Cl;::>5~ zz E OW 'N 1-0enZ ... :::EO- u uUw::;: :::E>" ..., irOUl'-' 01- u I-Z::>>- UZ '" ..., Q) en~Oen u.::> '" . C ... - J:Z Oce Z 08 'N Ul '" 'N wwlI:w ...., c-c -c Ul C .c C C J:/Il::>0- 1-0 C 'N o Q) H 1-::2 0 - cez .c '" "'" u.::>u~ 6~ Or-! . Q) "- "I'.. ::> EP OUwUl Uce '" "" wu.z::i C 'N ~ ww C r-! 0. uOoce r/Il "" r-! - <l: 1-::2 'N "- tl: U z::> ..., :;: 0 Q) r-! -u 00 -c 0 -c 'N tf) 'N > r ... Cll a> '" A a> , (Conlinualion or No.2) Defendanl's Name:OAVID N JOHNS Dockct Number: POLICE CRIMINAL COMPLAINT did commit a violation of this order as is provided in paragraph 4 of this order; The father shall park in front of the mother's home and remain in his vehicle during transfer of custody, The defendant got out of his car when he went to 252 Redwood Ln, to drop off the 1 1/2 year old child, all of which were against the peace and dignity of the Commonwealth of Pennsylvania and contrary to the Act of Assembly, or in violation of, 6114 A .r., 23 PA c.S,A" PFA 1 lSectillll) (541bU<:IIOll) (PASlalUle) ({.OUllI~J or., (StctillllJ (Sub&ectillll) (PASlll\lle) lc.ounb) orllle IS<<tionI (5I1b1ecliOll) (PASl.tlul.j (COWII1) or the IScclic:.l) lSl.lbuaic:.ll (PA Swuttl (counts) 3, I ask that a warrant ofarresl or a summons be issued and that the defendant be required to answer the charges I have made, (In order for a warrant of arrest to Issue,the attached affidavit of probable cause must be completed and sworn to before the issuing authority.) 4, I verify that the facts set forth in this complaint are true and correct to the best of my knowledge or information and belief. This verification is made subject to the penalties of Section 4904 of the Crimes Code (18 PA, C,S. ~ 4904) relating to unsworn falsification to authorities, 9 March 99 ,19_ df()(I/#/ rflufh,,- (SignatureorArrl&lll) AND NOW, on this date . 19 _, I certify that the complaint has been properly completed and ,verified, An affidavit of probable cause must be completed in order for a warrant to issue, SEAL IMlQinerialOiq"d} fluuin'Authorily) AQPC 412o(6.'%){lnrem:l\mion) 2.3 BRIDGET ANN JOHNS , Plaintiff : IN THE COURT OF COMMON PLEAS OF vs, : CUMBERLAND COUNTY, PENNSYL VANIA : NO, 99-S0I CIVIL TERM DA vro WILLIAM JOHNS, Defendant : PROTECTION FROM ABUSE & CUSTODY Defendant's Name: DA VlD WILLIAM JOHNS FINAL PROTECTION ORDER Defqndant's Date of Birth: 10/22/64 Defendant's Social Securily Numoer: 191-52-1367 Name of Protected Person: BRIDGET ANN JOHNS AND NOW, this ;;.. of II' day of (~ tZA..L ,1999, the court having jurisdiclion over the parties and the subject-maller, it is ORDERE ,ADJUDGED, and DECREED as follows: II . The Plaintiff, Bridget Ann Johns, is represented by Joan Carey of Legal Services, Inc.; the Defendant, David William Johns, is represented by Hubert X. Gilroy ofBroujos & Gilroy, ... The Defendant, although agreeing to the temls of this Order, does not admit the allegations made in the Petition, ~ Plaintiff's request for a Final Protection Order is granted pursuant to the conscnt of Plaintiff and Dcfendant OR o Plaintiff's request for a Final Protection Order is denied ~ I, Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place whcre they might be found. ~ 2, Defendant is completely evicted and excluded from the rcsidcnce at Country Manor Estates, 252 Redwood Lane, CarliSle, Cumberland County, Pennsylvania, or any other residcnce where I'laintiffmay live, Exclusive possession of the residence is granted to Plaintiff. Defendant shall have no right or privilege to enter or be present on the prcmiscs, except for the limited purposc of transferring custody of parties' minor child. Dcfendant shall park in front of Plainti/T's home and rCII,ain in his vchicle at all timcs during transfcr of custody, o On _ at _,m., Dcfendant may enter the residence to retrieve his clothing and other personal effccts, provided that Defcndant is in tile company of a law enforcement officer when such retrieval is made. IE> 3, Except as provided in Paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with the }'Iaintiff at any location, including, butllot IinUted to, any contact at the Plaintill's place of employment, except for the limited purpose of facilitating custody arrangements, Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plainliff's place of employmenl al Keyslone Health, 300 Corporate Centcr Drivc, Camp lIiII, Cumberland County, Pcnnsylvania. IE> 4. Except as provided in Paragraph 5 of this Order, Defcndant shall nol contact the Plaintiff by telephone or by any oUlCr means, including third parties, except for the limited purpose of facilitating custody arrangements, IE> 5, Custody of the minor child, Emily Taylor Johns, shall be as follows: see aUached Custody Order. IE> 6, Defendant shall immediately turn over to the SheriIT's Office, or to a local Jaw enforcement agcncy for dclivery to the Sherill's Office, the following weapons used or threatcned to be used by Defcndant: a shotgun. li9 7, Defcndant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order, Any weapons delivered to the sheriffunder Paragraph 6 of this Order or under Paragraph 6 of the Temporary Order shall not be returned until further Order of Court, ..... li9 8, The following additional relief is granted as authorized by 96 J 08 of this Act: This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that Defendant has commiUed an act of abuse or has engaged in a pallern or practice that indieates risk of ham 1 to Plaintifi: The Defendant is required to relinquish to the sheriff any fireanlllicense the defendant may possess, The Defendant's weapons and firearm license may be returned at the expiration of the Protection Order after the defendant has submitted a wrillen request to the Court for the return of thc weapons and the Court has notified Plaintiff of t he rcquest and given Plaintiff an opportunity to respond. A copy of this Order shall bc transmitted to the chief or head of the police department of Harrisburg and the sheriff of Cumberland County. The Defendall! is enjoined from damaging or destroying any property OWlled jointly by the parties or owned solely by Plaintiff. o 9, Defendant is directed to pay temporary support for (namels of person/s ) as folluws: (insert amount, frequency and other terms and conditions of the support order) _, This Order lor support shall remain in effect until a final support order is entered by this Court, However, this Order shall lapse automatically if Plaintiff does not file a complaint for support with the Court within fifterll (15) days of the date of this Order. The amount of this temporary order does not necessarily reflect Defendant's (;Qrrect support obligation, which shall be detemlined in accordance with the guidelines at the support IlCaring, Any adjustments in the final amount of support shall be credited, retroactive to this date, to the appropriate party, The Defendant is to refrain from harassing Plaintitrs relatives or the minor child, o 10, The costs of this action are waived as to Plaintiff and imposed on Defendant. o I I, Defendant shall pay $_ to Plaintiffascompensation for PlaintilI's out-of-pocket losses, which are as follows: OR o o Plaintiff is granted leave to present a petition, with appropriate notice to Defendant, to (insert the name of the judge or court to which the petition should be presented) - requesting recovery of out-of-pocket losses, The petition shall include an exhibit itemizing all claimed out-of..pocketlosses, copies uf all bills and estimates of repair, and an Order scheduling a hearing. No fee shall be required by the Prothonotary's office for the filing of this pctition. ...... 12, BRADY INDICA TOR o I, The Plaintiff orprotccted person/s is a spouse, former spouse, a person who cohabitates or has cohabited with Defendant, a parent of a common child, a child of that person, or a child of Defendant. o 2, This Order is being entered after a hearing of which Defendant rcceived actual notice and had all opportunity to be heard. o 3. Paragraph I of this Order has been checked to restrain Defendant from harassing, stalking, or threatening Plaintiff or protected person/so o 4, Defendant represell!s a credible threallo the physical safety of PIa inti 11' or other protccted personls OR o Thc tenns of this Order prohibit Defendall! from using, attempting to use, or threatening to use physical force against Plaintiff or protected pcrson that would reasonably bc expected to cause bodily injury, [g) 13, THIS ORDER SUPERCEDES: [g) ANY PRIOR PFA ORDER and [g) ANY PRIOR ORDER RELATING TO CHILD CUSTODY, 18> 14. NI pro';"",,,, thi, 0",,, ,"'" ~p;re"" "" 'rom U" d,,, !hI, Om" I, '''''red NOTICE TO THE DEFEND1\NI VIOLATION OF TIUS ORDER MAY RESULT IN YOUR NtREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS, 23 PA.C.S, ~61 14, VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMiNAL PENALTIES UNDER THE PENNSYL VANIA CRiMES CODE, TIUS ORDER IS ENFORCEAI3LE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBALLANDS, U.S. TERRITORIES, AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACTION, 18 U,S,c. ~2265, IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTlONALL Y VIOLA IE TillS ORDER, YOU MAYBE SUBJECT TO FEDERAL CRlMiNALPROCEEDINGS UNDER THAT ACT, 18 U,S,C, ~2261-2262, IF PARAGRAPH 12 OF THIS ORDER HAS llEEN CHECKED YOUMA Y BE SUBJECT TO FEDERAL , PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACTION. 18 U.S.c. ~922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION, NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jUrisdiction over Plaintiff's residence OR any loeation where a violation of this Order oceurs OR where Defcndantmay be located, shall enforce this Order. An arrest for violation of Paragraphs I through 7 of this Order may be without warrant, based solcly on probable cause, whether or not the violation is committed in the prescnce of the policc, 23 Pa.C.S, '6113. . Subsequent to an arrest, the police oflicer shall scize all weapons used or threatcned to be used during the violation of the Protection Order or during prior incidents of abuse. Thc Cumberland County SheriIT's Department shall mailllain pOssession of the weapons until furthcr Order of this Court, .... I I , r i I I ! I i : I .' BRIDGET ANN JOHNS, Plaintiff vs, : IN TIlE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL V ANJA DA V1D I\'JLLlAM JOHNS, Delcndallt , NO. 99-50 I CIVIL TERM : IJROTEC"fION FROM ABUSE & CUSTODY 23, 1997, CUSTODY ORDER AND NOW. '''' --It" d.y ," "] L _' /999. II. f,',,",, O,dcr i""tt'" ~ by ='''''' 'f /h, "'"'''' '"", roll'" " "''''''y ,f 'he ",",,,,' obi". Emily T .yl" J'h" bom J",,, referred to as llle falller, shall share legal Custody of the child. I. 1'1" PI.",ff, I,tto..n" ,or",,,, " " /h, molh". .od /h, Def,,,,,,,,. '-..n" 2, The mother shall have primary phYSical Custody of the child, 1999. '- mu'",l/y .."" "P'" by II. "'","'. TI. .."". ",,1/ oom"oooo " 1'I"""'Y. 1o.."y 28. p.m. ""W /he foil',",. mum',. wi,,,, h, """" II. d,ild " 'ho mo,,,,, '" hi, w.y " w"", Md " " 6"'0 p." ","1/ S""",y,, 6,00 p.m.., ~ob Th""d.y f,',,",. I,i, _"", ,f OO'''dy fmm 6,01) 3. The f'/htt "'., h.<oe"'"i. '~'ody 'ftho obM '" .''''''''''' -kood, fmm Frid.y " vehicle during transfer of custody, ""'" "po" by /h, P<U1i", TI. f",.",,,,, pok i" fm" "f ,h, m,""", I",,, ",d '00'." " hi, '''mf" 'f /he obi" "'.1 "ke pl.oo " 'h, mo,,,,,', h'm, "I"" ,,,,,,,,,, ''''''.onOO" mo '"I ".I/y 4. Tho f'/h" "", P"'''de lmu,p,,,,,,,,, 'f th, cl"bl d""", hi, pori'd, ,f """"y, '"d ""'''. Mon'ri. D.y. J",y "h, Lob" D,y. '"d N,w Y",". Th, ~'"., 'h.1/ oomm,,,," Ii," \ S. Tho P<U1'" ""1/ .1,,,",,,, II. f'iI,,",, h,hd.y, from 9~0 '.m. ""i1 8,01) "m., I schedule having the child on Easter in 1999, 6, The parties shall share the Thanksgiving Day holiday with the father having the child from 6:00 P,Il1, on Wednesday, the day beforc Thanksgiving. until 3:00 p.m, on Thanksgiving Day when the mother shall have the child. 7, The mother and father shall alternate the Christmas holiday with onc parent having the child on Christmas Eve from noon until Christmas Day at noon, and the othcr parent having thr child from noon on Christmas Day until Dccember 26th at noon, The mother shall commence the schedule having the child on Christmas Eve in 1999 and in odd years thcreafter, and the father shall have the child in the even years:' 8, The mother shall have the child on Mother's Day from 9:00 a,m, and keep her for the remainder of the day, and the father shall have the child on Father's Day from 9:00 a,lI!, until 8:00 p,m, 9, The father shall have the right to partial custody of the child for two weeks of each year, The father shall give the mother 30 days notice as to when his vacation timc will take place. The mother shall have the right to have the child on weekends during that time unless the father takes the child on a vacation trip including weekends, The mother also has the right to lake the child on a vacation each year including a maximum of 3 weekends. Each party shall provide the other with addresses and tclephone numbers where they can be reached in the event of an emergency while on vacation with the child away from their homes. 10, The father shall not be under the innuence of illegal drugs before or during his pcriods of partial custody with the child, 11. The mother and father, by mutual agreement, may vary from this schedule at any time, .... >- CJ L1:: .. <.I; l"- 1-. .., ~-,q - :j , .)(-':, - '. u:: ~- .) !.f...l .~.!~ Cll- 2c _Ie: c' u.:('. C'..: ..J '.-; u:'.'. .. - ~. ; :j j-= .::.: ~"l. Ii.. '"' 0 c.-. :) BRIDGET ANN JOHNS, Plaintiff : IN THE COURT OF COMMON PLEAS OF vs. : CUMBERLAND COUNTY, PENNSYLVANIA : NO, 99- ~~D I CIVIL TERM , DAVID WILLIAM JOHNS. Defendant : PROTECTION FROM ABUSE & CUSTODY NOTICE OF HEARING AND ORDER. YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following papers. you must appear at the hcaring schcduled herein. If you fail to do so, the case may proceed against you and a FINAL Order may be entered against you granting the relief requested in thtl Petition. In particular, you may be evicted from your residence and lose other i]::~t rights, P MtllMtf A hearing on this matter is scheduled on the f).lf day of ry, 1999, at / ~ 3iJ n.M. in 1 I Courtroom No.-7"- of the Cumberland County Courthouse, Carlisle, Pennsylvania, You MUST obey the Order that is attachcd until it is modified or terminated by the court after notice and hearing, If you disobey this Order. the police may arrest you. Violation of this Order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000,00 and/or up to six months injail under 23 Pa,C.S, '6114, Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code, Under federal law, 18 U,S,C, '2265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U,S.C.' 2261-2262. You should take this paper to your lawycr at once, You have the right to have a lawyer represent you at the hearing. The court will not, however, appoint a lawyer for you. 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. If you cannot find. a lawyer, you may have to proceed without one, CUMBERLAND COUNTY BAR ASSOCIA nON 2 LIBERTY AVENUE, CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (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 beforc the court. You must attend the scheduled conference or hearing. Ii9 5, Pcnding the outcome of the final hearing inlhis mattcr. PlaintiO'is awarded temporary custody of the following minor child: Emily Taylor Johns, 19 months old, D.O.B. 06/23/97. Until the final hearing, all contact between Defendant and the child shall be limited to the following: alternating weekends (commencing February 5,1999) from Friday at 6:00 p.m. until Sunday at 6:00 p.m. and other times mutually agreed upon by the parties. Defendant shall be responsible for transporting the child during his periods of custody, and shall remain in his vehicle during transfer of custody. Defendant's custody is conditioned on his transporting the child in an age-appropriate child safety seat. The local law enforcement agency in the jurisdiction where the child are located shall ensure that the child is placed in the care and control of Plaintiff in accordance with the terms of this Order. I&> 6, Defendant shall immediately relinquish the following weapons to the Sheriff's Office or a designated local law enforcement agency for the delivery to the Sheriffs Office: a shotgun. Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. I&> 7, The Cumberland County Sheriffs Department shall attempt to make service at PlaintiO's rcquest and without pre-payment ~f fees, but service may be accomplished under any applicable Rule of Civil Procedure. This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy of this Order to Defendant by mail. This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that Defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to Plaintiff. Defendant is required to relinquish to the sheriffany firearm license Defendant may possess. Defendant's weapons and firearm license may be returned at the expiration of the Protection Order after Defendant has submitted a written request to the Court for the return of the weapons and the Court has notified Plaintiffofthe request and given Plaintiff an opportunity to respond, A copy of this Order shall be transmitted to the chief or head of the police depaJ1ment of in Dauphin County, whcre Defendant resides, and the sheriff of Cumberland County. Defendant is enjoined from damaging or destroying any property owned On or about Dccembcr 13, 1998, when Plaintifl'told Dcfendantlhat shc wanted to scparatc from him, he thrcatencd to take thc parties' 19-monlh- old baby, grubbcd Plaintilrby the arm with one of his hunds, and twisted her shirt tightly around hcr arm with his othcr hand, grabbcd the front ofhcr shirt, and kneadcd his knuckles into her chcst forcefully, Whilc still holding her by thc front of hcr shirt, Defendant slammed her altcrnately against the refrigerator und door frame several times. P/aintilr hit thc door frame with such force that thc hinges broke away from the door. Despite PlaintiWs pleas for Defendant to stop, he shoved her backward causing hcr to fall down on her buttocks and hit hcr head on the floor. As she lay on the floor, Defendant stepped ovcr her, woke their sleeping baby up, and held the crying baby over Plaintiff saying, "Now I have power over you. How does it feel to be powerless?" Dcfendant shoved Plaintiff as he walked past her and left the residence with tbe child, Plaintiff telephoned 9 II for help, Middlesex Township Policc responded and arrested Defendant later in the evening when he rcturned to the home with the child. Plaintiff sustained bruising and soreness about her head, chest, arms, legs, and buttocks as a result of this incident. Defendant was charged with simple assault and remanded to Cumberland County Prison where he remained until he made bail and was released on December 14, 1998, A preliminary hearing is scheduled for February 17, 1999, at 10:45 a.m. before District Justice Day, 12, Defendant has committed the following prior acts of abuse against. Plaintiff: a) On or about December II, 1998, Defendant threatened to take the parties' 19-month-old daughter and keep her from Plaintiff, and then left the residence with the child. Upon his return with the child, Defendant told Plaintiff, "If you died today, I would be so happy." Defendant grabbed Plaintiff by her hair as she was holding the baby in her arms,jerked her down onto the bed, held her down by the hair, pinned her to the bed by lying ontop of her, and when she tried to get up, he head-butted her on the forehead, and took the baby from her. Plaintitr sustained bruising and soreness about her arms. b) On or about November 23, 1998, Defendant was driving the car with Plaintiff, her 7-year old son, Tyler, and the parties' 18-month-old daughter in it while yelling and screaming at Plaintiff. When Plaintiff asked Defendant not to argue and yell in front of the children, he became angry, pulled to the side of the road, demandcd that she get out ofthc car, and shovcd her out as she opened the door, causing her to stumble and fall to her hands on the macadam As Defendant sped away recklcssly with the children in the car, Plaintiff saw him narrowly avoid causing an accident by slamming on the brakes which brought the car to a screeching halt close to the other car that he nearly hit broadside. Defendant quickly turned the car around, sped back to where Plaintiff stood, and jumpcd out ofthc car. Fearing for hcr safety, Plaintill'ran from Defendant, but hc grabbcd her by the arms, shook her violcntly, and yell cd and screamcd at her as thc children watched from the car, The childrcn wcre crying and traumatizcd by the incidcnt. c) On or about Novembcr I, 1998, as Plaintiff packed clothing to go to her grandmother's funeral out of town, Dcfcndant demanded that she lie down on the bcd with him. Whcn Plaintiffrcfused, Defendant screamed and yelled at her, shovcd her, grabbed her by thc arms, shook her violently, and shoved her against the wall. Defendant threatcncd Plaintiff saying, "I'm not done with you." Defendant grabbed Plaintiff by thc arms, threw her onto the bed, held her down, and screamed in her face. d) In or about September 1998, Defcndant threw the keyboard to Plaintiff's computer at her causing hcr to have to move to avoid bcing hit by it, and whcn she said she was going to telephone the police, he jcrked the cords to both telephones in the house out of the walls and stomped on the telephones smashing thcm to pieces. In a separate incident in or about September 1998, Defendant, who was yelling and screaming at Plaintiff during an argument, threatened to disable her car after she told him that she was going to leave, When Plaintiff, who feared for her safety, tried to telephonc her father to come get her, Defendant grabbed the telephone before she could get to it, and smashed it. Defendant smash cd the other telephone in the house as Plaintiff tried to use it. e) In or about early July 1998, Defendant went to the babysitter's home where Plaintiff was picking up thcir child, stood in the driveway, and screamed and yclled at Plaintiff calling her obscene and humiliating names in the presence of their child and her 7-ycar-old son, Tyler. Plaintiff feared for her safety and that of her children. f) Since approximately June 1998, Defcndant has threatened to kill himself several times. g) I n or about 1996, Defendant grabbed Plaintiff about her shoulders with one arm and with his other arm between her legs, liftcd her off of the floor and threw her backward onto thc bcd with such force that she slid across the bed and hit hcr head against the hcadboard. Plaintiff sustained swelling and soreness about her head as a result of this incident. During a separatc incidcnt in or about 1996, Defendant threatened to blow his brains out during an argument, left the room and returned with shotgun shclls which he rattled around in his hands as he continued to yell and argue with Plaintiff. Plaintiff feared Defendant's instability and that he might shoot her and himsclf. h) In or about 1993, Defendant shoved Plaintiff on the chest with both his hands with such forcc that it knocked the breath out of her and caused her to fall to the floor. i) Since approximately 1993, Defendant has abused Plaintiff in ways including. but not limited to, shoving and grabbing her, pulling her hair, slamming her against walls, shoving her down, throwing objects such as the computer keyboard at her, restraining her by pinning her down on the bed and against walls, intimidating her by getting shotgun shells out during an argument and rattling them together in his hands causing her to fear he would load his shotgun and possibly shoot her, drawing back his fist causing her to fear he was going to hit her and punching holes in walls and breaking doors, driving recklessly and speeding with her and/or her children in the car causing her for fear for her safety and that of her children, and threatened the following: "I could put my fist down your throat"; "I could put my fist through your face"; and "( could crush your skull if! wanted to." In addition, Defendant has kept Plaintiff from leaving him by threatening, "If you leave, I'll burn down the house, and I'll take the baby and you'll never see her again," Defendant has made similar threats, then taken the child and left the residence for several hours, traumatizing Plaintiff. He has also attempted to control Plaintiff by alicnating her from her friends and family members, refusing to allow her to have privacy while she was in the bathroom by breaking the door lock to gain access, and forcing his way into the bedroom while she was dressing. Defendant has verbally abused Plaintiff and her son, Tyler, by screaming and yelling, and calling them names several times a week. Defendant, who is 6'4" and weighs 270 pounds, has also punched the family dog in the head with such force that the dog's head hit the floor. 13. The following police departments or law enforcement agencies in the area in which Plaintilflives should bc providcd with a copy of the Protection Order: Middlesex Township and Camp Hill Police Departments. 14. There is an immediate and present danger of further abuse from Defendant. 15. Plaintiff is asking the Court to cvict and exclude Defendant from the residcnce at Country Manor Estates, 252 Redwood Lanc, Carlisle, Cumberland County, Pennsylvania, which is mortgaged in the names ofBridgct Ann Johns and David William Johns. 16, shotgun. Defendant has used or threatencd to use the following wcapons against Plaintiff: a 17, Dcfendant OIVCS a duty of support to Plaintiff and the minor child. 18. Plaintiff has suffered the following out-of-pocket financial losses as a result of the abuse described above: see attachcd Exhibit A, incorporatcd hcreto by refercnce. WHEREFORE, PLAINTIFF REQUESTS THAT THE COURT ENTER A TEMPORARY ORDER, AND AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: A) Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff in any place where Plaintiff may be found. B) Exclude Defendant from Plaintiffs residence and prohibit Defendant from attempting to enter any temporary or permanent residence of the Plaintiff. C) Require Defendant to provide Plaintiff and minor child with other suitable housing. D) Award Plaintiff temporary custody of the minor child, Emily Taylor Johns, and place the following restrictions or contact between Defendant and child: Defendant will have partial custody of the child on alternating weekends (commencing February 5, 1999) from Friday at 6:00 p,m, until Sunday at 6:00 p,m, and other times nmtually agreed upon by the parties, Defendant will be responsible for transporting the child during his periods of custody, and will remain in his vehicle during transfer of custody. Defendant's custody is conditioned on his transporting the child in an age-appropriate child safety seal. E) Prohibit Defendant from having any contact with Plaintiff, either in person, by telephone, or in writing, personally or through third persons, including, but not limited to, any contact at Plaintiff's place of employment, except as the Court may find necessary with respect to partial custody and/or visitation with the minor child, F) Prohibit Defendant from having any contact with Plaintiffs relatives and Plaintill's child listed in this Petition, except as the court may find necessary with respect to partial custody and/or visitation with the minor child. G) Order Defendant to temporarily turn over weapons to the Sheriff of this County and prohibit Defendant from transferring, acquiring or possessing any such weapons for the duration of the Order. H) Order Defendant to pay temporary support for Plaintiff and the minor child, including medical support and payment of the lot rent and mortgage on the residence. I) Direct Defendant to pay Plaintiff for the reasonable financial losses suffered as a result of the abuse, to be determined at the hearing. J) Order Defendant to pay the costs of this action, including filing and service ..~ iv, In addition to the partial custody set forth above, Father shall be entitled to partial custody of Emily during the school Christmas break of Tyler so long as Tyler is not visiting with his mother pursuant to the separate custody order entered at 96-3429, v. Father shall also be entitled to Thanksgiving with Emily in odd numbered years commencing the Wednesday before Thanksgiving and ending the Sunday thereafter at 5:00 p.m. unless that falls within a regularly scheduled visitation time, in which case the visitation will end the following Sunday at 5:00 p,m. vi. Father shall have the right to custody of Emily at additional times when he may be in the Michigan area provided that he gives mother at least one week notice of his plans to attend. He may visit with the child up to 48 consecutive hours during those visits in Michigan. D. Both parties shall have liberal telephone contact with the child when the child is in the custody of the other party, E, Each party shall promptly notify the other parent of any change of his or her address or telephone number. F, Both parties shall refrain from making derogatory comments about the other parent in the presence of the child, and to the extent possible shall prevent third parties from making such comments to the child, '. iv. In addition to the partial custody set forth above. Father shall be entitled to partial custody of Emily during the school Christmas break of Tyler so long as Tyler is not visiting with his mother pursuant to the separate custody order entered at 96-3429, v. Father shall also be entitled to Thanksgiving with Emily in odd numbered years commencing the Wednesday before Thanksgiving and ending the Sunday thereafter at 5:00 p.m. unless that falls within a regularly scheduled visitation time, in which case the visitation will end the following Sunday at 5:00 p,m, vi. Father shall have the right to custody of Emily at additional times when he may be in the Michigan area provided that he gives mother at least one week notice of his plans to attend. He may visit with the child up to 48 consecutive hours during those visits in Michigan. D. Both parties shall have liberal telephone contact with the child when the child is in the custody of the other party. E. Each party shall promptly notify the other parent of any change of his or her address or telephone number, F. Both parties shall refrain from making derogatory comments about the other parent in the presence of the child, and to the extent possible shall prevent third parties from making such co~nents to the child, . ';:~.~ --:....~. ~ I ~ '" '" +J - ,.., ~ ~ ~ 15 '" :g i~ ! Ul f1l ~~ '" "" .a - e 6 ~ ..... ,Q rd: IlJ r--. ~ =.orc~- '" "'!O< ,,: - ~~ ~ '" , en '" Ul ~ - c Ul ~ . ~ '(;i bD ~ ~ ~ ~ ~ . g ~I F>l tUi ~::E il .0 ~ 5 eo,.... II) '" ~ " ..., '" '" ... ~.- - ~ ~.B~ g ~ I ~ ~ '=mi!'Jl"'.c ~ ~Ul ~ l ('t") ~ ::E ~ 8 ~ ~ ~ I 1':\ ~ tll Q : APR 1 2 ZU04, ~<< :~j '. her husband and the owners of the farm. 6. By Order of Court, dated November 3, 1999, Respondent was permitted to move to Michigan with the minor child. Petitioner was granted one full week per month of partial physical custody to Petitioner. Petitioner was also awarded one month of summer custody as well as holiday time with the child. (A copy of the November 3, 1999 Order is attached hereto, incorporated by reference herein, and marked as Exhibit "A".) 7. Because the minor child began first grade in the 2003-2004 school year, the November 3, 1999 Order could no longer be followed, Therefore, Petitioner filed to modify the Order wanting to maximize his periods of partial custody with his daughter to maintain the close relationship they enjoy. 8. On April 5, 2004, the parties attended a Custody Conciliation Conference before Dawn Sunday, Esquire. One of Petitioner's concerns was that he was not being advised of important matters regarding his daughter. Respondent agreed to abide by the shared legal custody provision and ensure that Petitioner be kept apprised of important matters in his daughter's life, An Order was entered on April 14, 2004 granting Petitioner the majority ofthe summer vacation and holiday times. (A copy ofthe April 14, 2004 Order is attached hereto, incorporated by reference herein, and marked as Exhibit "B".) 9, Petitioner filed a Petition to Modify the April 14, 2004 Order after learning that Respondent planned to relocate to Minnesota. A Custody Conciliation Conference was held on August 18, 2004 before Dawn Sunday, Esquire. 10. Because the parties could not reach agreement at the August 18th Conciliation, the Order remains unchanged. The current Order allows Respondent to pick up the child on Saturday, August 21st and a hearing will be scheduled. 11. Petitioner requests that this Honorable Court grant him temporary physical custody of the minor child until a decision can be made regarding custody. Petitioner requests such based on the following: a. Petitioner believes and therefore avers that before the minor child moves to Minnesota, findings must be made to determine her best interests. b. Petitioner is more stable and better able to provide for his daughter, c. Respondent's immediate future is unknown and is pure speculation. Neither she nor her husband has a home or employment. There is nothing in Minnesota except possibilities. d. Petitioner's life in Pennsylvania, home and job, is a certainty. The minor child will be surrounded by family and friends and she will be able to begin second grade in a known and stable environment. 12. Petitioner believes and therefore avers that Respondent violated the shared legal custody provision of the current Order and intentionally failed to advise him in a timely manner of her pending relocation with the minor child as evidenced by the following: a. Petitioner's summer custody this year began on June 26th. When Petitioner arrived in Michigan to pick up his daughter, he was told by Respondent that she was planning to move to Minnesota and she wanted to discuss the matter with him, Because the parties' daughter and Respondent's son, who was visiting her from Pennsylvania, were present at the tirne, Petitioner told Respondent it was not a good time to talk and he left with the minor child. b, When the minor child got into the car, she asked Petitioner and his fiance if they would like to see her report card. At the bottom of the report card was a note from the child's teacher wishing the family well in Minnesota. The report card was dated .June 2, 2004. (A copy of the report card is attached hereto, incorporated by reference herein, and marked as Exhibit "C".) c, On June 29, 2004, Respondent wrote a letter to Petitioner regarding her relocation. In the letter, she confirmed that June 26, 2004 was the first time she tried to tell Petitioner about her "potential" move. (A copy of Respondent's letter dated June 29, 2004 is attached hereto, incorporated by reference herein, and marked as Exhibit "D".) d. Respondent wrote Petitioner another letter on July 7, 2004, again regarding her relocation, stating that "nothing is definite". (A copy of Respondent's letter dated July 7, 2004 is attached hereto, incorporated by reference herein, and marked as Exhibit "E".) e. At the Custody Conciliation Conference on August 18, 2004, Respondent told the Conciliator that she was considering moving to Minnesota in March, prior to the April 5, 2004 Conciliation, She did not mention her possible relocation at the April 5th Conciliation. f. Respondent contradicted herself several times regarding her relocation. When asked by the Conciliator on August 18th why she did not mention the relocation at the April 5th Conciliation, Respondent told the Conciliator that the final decision to move to Minnesota was not made until the end of.June. However, the child's teacher wrote on her report card, issued by the school on June 2, 2004, "I hope Emily has a good time at her new school next year! Good luck to you all in Minnesota, Have an exceptional summer". The minor child was already withdrawn from the Michigan school well before the end of ,June. g. Respondent's ,June 291h letter to Petitioner stated, "We are still awaiting determination from the bank, so this is preliminary planning - nothing is definite", The ,July 7, 2004 letter stated, "Again, we are still awaiting determination from the bank, so this is preliminary planning - nothing is definite". Either Respondent's credibility is at issue, or her decision to remove her daughter from school was poorly planned if she did not yet know whether or not the move to Minnesota would occur. h. Petitioner believes and therefore avers that it is not in the child's best interests to move her more than 1400 miles away from her father, her half brother and her extended family. i. Petitioner believes and therefore avers that Respondent intentionally violated the shared legal custody provision of the Order. Petitioner is upset that Respondent was not forthcoming with her intentions four months ago when the parties attended the April Conciliation. Despite Respondent's commitment to keep Petitioner apprised of all important decisions concerning the minor child, Respondent failed to tell him that she planned to move to Minnesota, a decision which Petitioner believes was a matter of significant importance. 13. Petitioner believes and therefore avers that Respondent's decision-making processes were inappropriate and detrimental to the best interests of the minor child when she made the decision to move to Minnesota as is evidenced by the following: a. Respondent saw a farm in Minnesota on the Internet, corresponded with the owners, and has been staying there with the couple since the end of,June shortly after Petitioner picked up the child for his period of summer custody. b. It is not known whether or not Respondent is able to obtain a mortgage to purchase the Minnesota farm. Again, Respondent has been less than forthcoming. In her June 29th and July 7h letters to Petitioner, Respondent said she was waiting to hear from the bank. At the August 18th Conciliation, Respondent first said that she was living with the owners of the farm. She would not give the address, and stated that her legal address is still in Michigan. Later in the Conciliation, Respondent said she had purchased the farm. Based upon these inconsistencies, Petitioner believes and therefore avers that Respondent's move to Minnesota was not carefully considered. Further, Petitioner is concerned about Respondent's judgment in moving the minor child so far from her father, her half brother and her extended family where she will live with virtual strangers until Respondent is able to purchase the farm, if in fact she will be able to do so. 14. Petitioner believes and therefore avers that Respondent did not take into consideration the minor child's needs for a family support system when she made the decision to move to Minnesota as evidenced by the following: a. Respondent, who left Pennsylvania to move to Michigan with a . man she subsequently married, also left her now nearly thirteen-year-old son in Pennsylvania as well as many family members, Other than Respondent, the minor child will have no family support system in Minnesota. j, Respondent's parents, sisters, brother, nieces and nephews reside in Pennsylvania. Petitioner and his family, which includes his mother, sister, brothers and. fifteen assorted nieces and nephews, continue to reside in Pennsylvania. The minor child's half brother, Tyler, lives near Petitioner. Petitioner and Tyler's father have maintained a good relationship, and the siblings are often together when the minor child is with Petitioner. ii. The distance between Pennsylvania and Michigan is approximately 600 miles. If Respondent is permitted to relocate to Minnesota, the minor child will be more than 1400 miles away from Petitioner, her halfbrother and her extended family. The distance, alone, will impede visits between the child and her family in Pennsylvania, b, The minor child seemed deeply distressed about the move, and she told Petitioner's mother and his fiance that she did not want to move to Minnesota. Based upon her distress, Petitioner sought a professional opinion regarding the impact the move to Minnesota might have on his daughter. c. On July 22, 2004, Petitioner broughtthe minor child to Jessica Hart, M.A., a counselor at New Passages. d. The minor child told Ms. Hart that she would rather be with Petitioner in Pennsylvania than move to Minnesota with Respondent. e. After meeting with the child, Ms. Hart wrote a letter regarding her findings. Additionally, Ms. Hart told Petitioner's attorney that Petitioner "is a man who wants to do what is best for his child", and that "there are a lot of men who live in the same town (as their child) and do not have this relationship with their child". (A copy of the letter from Jessica Hart, M.A. is attached hereto, incorporated by reference herein, and marked as Exhibit "F".) f. Petitioner believes and therefore avers that Respondent has not considered the best interest of the minor child when she decided to reloeate to Minnesota, based upon an Internet connection. Although Respondent's son and family live in Pennsylvania, and although the minor child would like her parents to live close to each other, Respondent never indicated that she and her husband looked for farmland in Pennsylvania. Petitioner questions why Respondent would choose to move more than 1400 miles away from her son and family instead of relocating back to Pennsylvania where she would have family support. g. Petitioner believes and therefore avers that it is in his daughter's best interest for her to have regular and frequent contact with her half brother. Respondent agreed at the April 5'" Conciliation where she repeatedly stated that she wanted the minor child and her half brother to have regular contact. In fact, Respondent would not agree to allow Petitioner more time in the summer with his daughter because she said the children's being together was her greatest priority. Respondent said that she wanted to maximize the time the children spent together. h. Although Respondent has partial custody of her son during the school year, she does not exercise all of those visits due to the distance between Pennsylvania and Michigan (Just 600 miles), If Respondent is permitted to relocate to Minnesota, it will be less likely the children will see each other during the school year, given the more than 1400 mile distance. I. When the minor child is with Petitioner, the child and her half brother have frequent contact. The two fathers have always made an effort to work together to encourage the sibling bond. Petitioner believes and therefore avers that if Respondent's true desire is to maximize contact between her children, she would D not be moving more than twice as far away from Pennsylvania, and she would agree maximum contact between the siblings would be better accomplished if the minor child resided with Petitioner. j. Respondent told the Conciliator that her father was in the process of building a house two miles from the Minnesota farm and that she was helping to build it. In Respondent's letter to Petitioner of June 29, 2004, Respondent told Petitioner, "My father, David Jones, and his wife, Carla have also purchased land and built a house approximately 2 miles from our future place of residence and will be moving in mid-August of this year". Petitioner notes the contradictions between the June 29th letter in which her father's house was built, and her statement at the Conciliation on August 18th, that she was helping him build it. Either the house is built or it is not. Respondent's credibility continues to be at issue. k. When Respondent asked the Court to allow her to relocate to Michigan with the minor child, she stated that her father was also planning to move to Michigan. He did not. Petitioner avers that there has not been a "For Sale" sign on Respondent's father's property, Therefore, Petitioner believes and therefore avers that Respondent's father will not relocate to Minnesota just as he did not relocate to Michigan in 1999, despite Respondent's assertions, I. Even if Respondent's father does eventually move to Minnesota, the majority of Respondent's family, including the child's half brother, remains in Pennsylvania. 15. Petitioner believes and therefore avers that he is better able to provide for his daughter than is Respondent. Respondent's financial situation is unstable and she is unable to adequately provide for the needs of the minor child, even with Petitioner's regular support payments and the increases he has paid over the years as is evidenced by the following: a, When Respondent made the decision to move to Michigan, she had a very good paying job in Pennsylvania. Although Respondent had initially acquired employment in Michigan, she lost that job and has been unemployed for more than two years. Respondent now says that she will be working in Minnesota. Petitioner believes and therefore avers that Respondent will not follow through with employment any better in Minnesota than she did in Michigan. Yet, Respondent has frequently told Petitioner that she is short of money. b. Respondent's husband worked on the farm in Michigan. Since Respondent's uncle sold that farm, Respondent's husband is unemployed, Respondent says that the farm in Minnesota will be more financially profitable, When Respondent moved to Michigan, she was under the impression that the farm there would be financially profitable. Yet, even when Respondent's husband was working on the farm, Respondent was short of money. Petitioner believes and therefore avers that Respondent lacks sufficient resources to provide for the minor child. c. Petitioner has worked at the samejob since August of 1998 and has a good work history. He is current with his support payments. In addition he purchases clothing and other items for his daughter. Petitioner believes and therefore avers that his daughter's needs are not being met by Respondent, even with his financial support. d. On July 29, 2004, Respondent was sent a Notice of Non- Compliance from the Domestic Relations Section of Cumberland County, Pennsylvania stating that she is not in compliance with the October 7, 2003 Order for the support of her son, Tyler. The Notice indicates that her arrears balance is $2,490.14 since October 7, 2003. Petitioner believes this indicates a lack of responsibility on the part of Respondent and he is concerned that her financial instability also adversely affects his daughter's standard of living when she is with Respondent. (A copy of this Notice is attached hereto, incorporated by reference herein, and marked as Exhibit "G".) e, The minor child has never participated in sports while living in Michigan despite the fact that she repeatedly expressed to her father that she would like to play sports; Petitioner told Respondent that he would pay the cost for the child to join a team in Michigan; and Petitioner offered to pay for any equipment the child might need. At the August 18th Conciliation, Respondent said that she has looked into sports programs for the child in Minnesota, yet she did not take that initiative in Michigan even with Petitioner's promise of financial help. f, In addition to giving the minor child the opportunity to participate in sports, Petitioner also believes it is important for the child because it is a healthy way for her to exercise while she is having fun. Petitioner believes and therefore avers that Respondent will not enroll the minor child in extracurricular activities in Minnesota anymore than she did in Michigan. 16. Petitioner believes and therefore avers that Respondent is unable to adequately care for the child's health including her nutritional needs as is evidenced by the following: a, The minor child has had eight cavities, root canals and caps on her teeth since she has been in the custody of Respondent. Respondent neglected to take the child to the dentist. When the child was with Petitioner in Pennsylvania, he made her first dental appointment and learned the severity of her dental problems, Petitioner paid for his daughter's dental work. When asked about the child's dental problems during the August 18th Conciliation, Respondent said that the child has soft teeth. Yet, Respondent did not seek dental treatment. To the contrary, Petitioner believes and therefore avers that if a child has soft teeth, it is even more imperative to ensure that she have regular dental check-ups, b. When the child arrived in Pennsylvania for her summer this year with Petitioner, she was taken to the doctor for a pre- summer camp physical. The doctor was concerned that the 4'8" child weighed 104Ibs., having gained 241bs. since last summer. She should weigh approximately 78 Ibs. The doctor gave Petitioner suggestions as to how to help the child eat healthier foods. He also stressed the importance of exercise. The minor child has lost 7 Ibs. in the two-months she has been with Petitioner. Petitioner believes that Respondent has neglected to consider the health issues attributable to excess weight and she is not providing the child with a well-balanced diet and proper nutrition. Petitioner believes and therefore avers that Respondent has minimized the detrimental effect excess weight can have on his daughter. (A copy of the child's Height/Weight chart from the doctor, and the Ideal Body Weight Results are attached hereto, incorporated by reference herein, and marked as Exhibit "H".) c. Petitioner had called Respondent before he picked up the child on June 26th to remind Respondent that he would be staying with his daughter in Pittsburgh for a couple of days before returning home, and that she needed adequate clothes for the trip, When Petitioner picked up the minor child for his two- month period of summer custody, Respondent had packed only a few of items of clothing for her, all of which were too small and were wet. The child did not even have sneakers or socks. Respondent was aware that Petitioner no longer had clothing for the minor child at his home because she outgrows them from year to year. Petitioner has always purchased additional clothing for his daughter when she is with him, and he sends these clothes home to Respondent when the child is returned. Petitioner believes and therefore avers that Respondent fails to properly clothe the minor child. 17. Petitioner believes and therefore avers that it is in the best interests of the minor child that she attend school in Pennsylvania rather than in Minnesota, and that Petitioner is more concerned about his daughter's education than Respondent is, as is evidenced by the following: a. At the Conciliation on August 18th, Respondent noted that the minor child is a good student. Petitioner does not dispute that fact. However, after doing research on the different school systems, Petitioner learned that the school system in Minnesota is ranked 19th; Pennsylvania schools are ranked 8th. b, There are no advanced placement classes available in the Minnesota school. There are such classes in Pennsylvania. Petitioner desires that his daughter have eve!)' advantage in her education and have the opportunity to excel. Petitioner believes and therefore avers that those opportunities are not available in Minnesota. c. Petitioner questions why the minor child was absent from school eighteen times last year and was tardy six times. The school the child attended in Michigan was approximately half a mile from Respondent's home, If there were medical reasons why the child missed so much school, Petitioner has never been advised ofthem. d. The elementary school that the child would attend in Minnesota is approximately 30 miles from the farm which is in a sparsely populated area, The farmhouse sits on over six hundred acres of land. Petitioner believes and therefore avers that the minor child will not have playmates close by, and that she will not be able to participate in extracurricular activities. e. Petitioner lives in a development in which there are neighborhood children his daughter's age who attend the elementary school approximately 7 miles from his home, Petitioner avers that the minor child will have a far greater opportunity to interact with her peers, and participate in extracurricular activities in Pennsylvania. f. Petitioner enrolled the minor child in day camp this summer while she was with him to enable her to meet some other children in the area and participate in team activities. It was the first time the child attended a camp, and she thoroughly enjoyed the experience. Petitioner believes and therefore avers that the child will have greatel' opportunities residing with him, 18. On Sunday, August tS. 2004, when the minor child hung up the phone after speaking with Respondent, she began to cry. When Petitioner asked her what was wrong, the child said Respondent told her she would pick her up in six days, The child then said that she did not like Respondent's husband because he and her mother fight all the time and he threw her mother down on the ground when her mother bloodied his nose. This is the first time the child has mentioned fighting or physical confrontations between Respondent and her husband. 19. Petitioner believes and therefore avers that it is in his daughter's best interests that the child's allegations of fighting in Respondent's home be explored before the child is permitted to relocate to Minnesota. Petitioner is most concerned that the living conditions at Respondent's home may be unhealthy for the minor child. 20. The Conciliator indicated that there were many complex issues in this case, and believed that the COUlt would welcome the input of a custody evaluation. Petitioner, too, believes that a custody evaluation would be welcome in allaying or confirming his fears and concerns. Petitioner presented a proposal to Respondent at the August 18th Conciliation thatthey participate in a mini-custody evaluation which could have been completed prior to the start of the school year. Although Petition(;~ agreed to abide ]IY the evaluator's recommendation, Respondent stated that she would go to <l hearing ~;the recommendation were in Petitioner's favor. Therefore, no agreement was reached. 21, It is Respondent's plan to pick up the minor child under the current Order on Saturday, August 21st. Although Respondent has indicated that she is currently living on the farm in Minnesota, she has also indicated that she will need to go back to Michigan with the child to pack their belongings. A couple of weeks after that, Respondent plans to return to Minnesota. 22. The child has already expressed her desire to Jessica Hart to stay in Michigan at her old school, or in the alternative to live with Petitioner so that she is near her brother and extended family. The child expressed distress to Jessica Hart about the Minnesota move, Petitioner believes that the child will be upset spending two weeks packing her belongings in preparation for that move. 23. Petitioner believes and therefore avers that Respondent's decision to relocate to Minnesota was poorly conceived and is not in his daughter's best interests. Removing the child from her home and her school and moving more than 1400 miles away from her father, half brother and extended family on the chance that Respondent will be able to purchase the farm in Minnesota and make it financially profitable is speculative at best. History has shown that Respondent's decision to move to Michigan did not allow her to better her daughter's life. 24. For all of the above reasons, Petitioner avers that it is in the child's best interest that he be granted temporary primary physical custody in order to enroll EMILY in school in Pennsylvania pending a custody evaluation and/or full hearing. WHEREFORE, Petitioner prays this Honorable Court to enter an Order granting him temporary primary physical custody and allowing him to enroll the minor child in school in Pennsylvania pending a final custody determination. Respectfully submitted: By: G N.AJlJ JJvlL ~L;JJ.J Maryann urphy, Esquire PMB 246, 4902 Carlisle Pike Mechanicsburg, PA 17050-3079 (717) 730-0422 Attorney I.D, #61900 iv. In addition to the partial custody set forth above. Father shall be entitled to partial custody of Emily during the school Christmas break of Tyler so long as Tyler is not viSiting with his mother pursuant to the separate custody order entered at 96-3429. v. Father shall dlso be entitled to Thanksgiving with Emily in odd numbered years commencing the Wednesday before Thanksgiving and ending the Sunday thereafter at 5:00 p.m. unless that falls within a regularly scheduled visitation time, in which Case the visitation will end the following Sunday at 5:00 p.rn, vi, Father shall have the right to custody of Emily at additional times when he may be in the Michigan area provided that he gives mother at least one week notice of his plans to attend. He may visit with the child up to 48 consecutive hours during those visits in Michigan. D. Both parties shall have liberal telsphone contact with the child when the child is in the custody of the other party, E. Each party shall promptly notify the other parent of any change of his or her address or telephone number, F. Both parties shall refrain from making derogatory comments about the other parent in the presence of the child, and to the extent possible shall prevent third parties from making such comments to the child. , ':~~,~ "':...~' Rather Elementary 380 F. TuUI. lonia, MI 48846 2()(/.l.2O(U S<bool Y..r Name: JOHNS. EMILV T. <llh Mnrking Period 61212004 Report Card Teacher SAVAGE MRS. Grade: 01 ConrcrcllCcs AUcnded: Y Fall Y Winler Placement Nexl Year Sum",er Support Recommended HEADWORTH MRS. Altendane. , 2 3 4 Tala! Days (In:senl , 42.0 137,0 , no 41.5 , 157.5 ------.-. : Days Absenl 4.0i 8.0 2.0, 4.5 18.5 - .--.------..--. 2 ; ~ Tim,es TiJj'dy_. 2! I , I , (, J Receives SuPporl Services ~. ____.'H_ . ~_'__._.__.__._____ Tille I I , --.-.--------..-------1 , E~A; b>f- Subject Resource Room Subject ..---.......-..-.....---..------ Speech Other -- ..-....--------.----------- .. . -. "-<"'-""" .. -0 ..,........ Addiliollul'"lcrvcnlillns Implemented: Child S.udy -... .. --- Behavior Plnn ....-----.-..... Modified Academic "'all ..--..---...-..----..-,.-..-- Science ..-.'.,-- Malh Social Sludics --.- Language Arts Spelling OUlcr /'uJ:"/t!r2 QI Q2 QJ r Q4 ! Y y I S I y y y i y i y , Y y , y y I y y r Y y Y S I S y y y I y I y y y I s I y , , \' Y S ! S ! y y I s i V I y y I y I y ! Y y i Y I s I 1-- I Y Y , Y I y , y y I Y Y y y I y y y s I y I Y r I i 2 I .. I 2 2 2 2 2 j I 2 2 2 , J I 2 2 2 I 2 2 2 J 2 2 2 I 2 2 2 I 2 3 I I 2 i i ---i'-- -C 2 2 I I ,. ,~~a~~,!rd.~C~~~~~~ . Scoring, Key (1lems nol mad:ed have nol yel bc..-cn assc.:ssed.) : r;. Mash:red i 2. Developing as Expccled : 3 . E.'\:pc:ricncing OiOicuh)' I .. .. . . I _..~a"!l.!~I:.II.bitsl S~~_~.!I~.~._~!i~~_~~_~d~~.~cy V - Ves S - Sometimes N a No I Lcal'1liag lI,blts I.isltn$ during imlruclionallcssuns Follows le:Ichcr dircclions lias necessary tUalcrials ready C~P,CICS work on lime Uses lime wiSely Worts 'jndcp..-mknliy Keeps work arc:n ne::tl & organi:r.cd lkmonslral~ neat work IlJhils RL'tUms completed homework Follo\\'S classroom rules: Follows sellDol mlcs (lets alollg wel/ with ollk:'rs Accepts' responsihililY for 0"11 actions Keeps hands. feel&: objects In self Gh'CS hest cITe" Language Arts Standards Word&: PrinlArulysis Comflrclk.'fuiou RCOJding Fluenc)' Ilallth\Titing Sp.:llinC WriUclI Composillon Sp.:aking Sl;ills CriliClI Li~cning Skills Rl~';uch Math SbtndardJ ";"1 'Nil,nbCr CoocC{llS "i~;'li)(i I".:! fllac\." Vnlul' II II L .. .' M.,& Sloadonl. ~:~ ,~~i~~'~:~~lion-liSlng-MMiipuL1iivc'- . I:'" Addilton &: SubJtaclion 51oi). ProNCllts 1:5 Addilion &: SublnK:lion I:acts 10 10 --+--'-----------, 1:6 Mcasurcmc:nl 1:7M~y' 1:8 -;r;~'~'-" -+--------.. - Eifc;C;;mcijy'--' '- 'FloidCtiijjYSiOi;ilanS'using +ol~1in WoRb'~ . ....i';rf.r~lIcm;._.'._. -,: i'20ropK,ng---"'" f~l;~c~'s';~ibUed on P.rtlci~.;i~i-"- ,-- . .-...-...- -.... ! '-1:1-r.klillfiC:s-iTiijor-tcaiUiC:5'or(IIC'~flh;sW~focc. ' 'l:if(~iJ~ p,op;nies of rock and soli. ~-=~~~r~i& ~~~K;On.-n~.~~=---=,______.._ __. _.__ ! I; 10 Oocnbcs wealher. set1SOnU' c~ngc3. &: safety procc..'tJures. ~------~._._ f" t':'I-'i(kiiimes-MimaiS-bYCi;nK:lerfSiia~-- _. ..-.,-.----.- ----.- r+I:2'M4IChCSadUII'YOU~irs-(;~nfmalS: - .. - .'.---- ~- ;' i:rldenlft.es;.RimaTi~bil:i(s: . ..----. ----.-----.. ---'ITidCniifics iiIC.fsl.iTesorm.:tt,C;:.--'-~- . --.----~..- 'Iswc~iir.tS2.rorm5 ot'cneigy:-" "'E6"ik:scribcs soum;s-;;.ii&hl Mdh"owji-js~ii;;:ic:;;j-'~ ,_. - -.-~.. l'ag~1ofl Social StudIes (based on pat1ic:ipaCion) - "rersooofdcCisionrmklng m,_~__ ----- --.- -Pcop'devcilts pttst &: prcscnland[fu;Cilvirl,rinlcni..-n.. r:.Cooomics-'gOOdS"is~..rViccs.rffidocers & Ct1llSUll1er~ . r~rii{'):'ingm1dsojvine-p'rObfcriu:-'- "-'i'm~ jine;-'-'-"- School&-C"iimmunil}'" - (iLl (]2 i{iJI ,Q4 --I I, , ----h-/'-;z-I 1 I' I' 2' Ii.... --.. ----- - --- -~.~-I--~I--i-"H-'I -------------i- --'r-rT )"- i . , 1- "--r,uT-I--r-! --2-ri--r'-.r-j--i ...h___~~~~ '=:~Er~=:j=J=IIi ----.------- ---' }.-L_L..!_L~I' I , I ._'-=.==:==::---j---I----t-::! -: , I I I 1 I --- ::-:::=~.~--_:-~=--:}-, i~~-~'-- ~ -!~:.~--I '..--------..- r-z--rz I 1 I ----..-.-~._. , ---~'--i--'---l .------------i-i--j+-j ..-___.___m. . I --T-i---C, -----------...----- - ---"--I---I2""'!:::-:--I-1 . -.... ---- - -2 ---I~ i--I~-~ F..;---I ---2"-rz-r-i-i---r-1 -- -'-r'.---I--------'-.---...-J ' I 1 ---. ---I =-:i=:i:....~_J__..L._..1 I I 2 I 1 I ,... i-r. i-! --2"-1-/1 - -~--------.- 1st Qf' Acnocmieally emil)' ~ duing gn:al inlirsl grade! Shc is rCillly doing a grcal job in rcading and writing!! Emily hilS golfen beUer ..Ocr our conversalion about her following dircclions, She is trying 10 be a good friend 10 her clas.c;I1I;JIt."S. Th:Jnk )'ou Illr )'our suppurt!! Kccp lip Ihc grcal \\'urk ElIlltI)'! Emily is doing a grcaljob ill first gnuJc!! She is a good readcr <llId IIlldcrsl::mds Ihe mnlh concepts thaI have been presented in class. Emily's behavior hac; rcally becn good. Shc has learned 10 fi)l/ow dircctions and is very hefpfullo the olhers in our c1uss,uUIn. SUI)Cr \..OIk Emily!! TEACIIER'S COMMENTS FOR JOHNS. EMILY T. -~- '.-, ~-- --- .'- ... _."--~..._---,~-~-~.-_.-.-.,, --'---..-,... -""-, . --'._,-... -----,.--.. .,,-.-.- ""'--.. ". -, ',.. .._+------~.- .'~-'~~.,-.-._-- I .,-~~=;;,.--:.._,.-! 2nd Qf' Jrd Emily is.. greal reader! I wuuld likc In see hcr usc her ahililics ill class lIIorc instcad ofvLc;iling wilh hcr lIeighbor so QCr much. I would also Iikc 1<1 sec Emil}' spend much murc timc ill class on hcr wriling. She wriles shon quiek sentences and I would like to see 'Icr lal,,: more limc and wrile qU;llity scnlenccs. Emil)' is vcry c:Jpahle orsupcr work irshc would apply hcrself. Kl'Cp working hard Emily! F.milyearned 10000At UII lhc Essential Math Skills fCSI!! I-IlIve.. greal Spring [Jrcak! .fIb Emily i~ a nice young lildr. She is ulsu OJ grcill readcr. \\'rilcr illld m4lth slUdenl. Emily sUlllctilllt."S hit" lrouble willi Qtr moking good choices. hnwc'o'Cr. she is coming "muntl! Emil)' scored a 28 011 Ihe r.>cvcloprncfllnl Heading AS."cs....IIICllt. This is II scorc of cnd of 2nd grndc. WOW! On lhc S.T.A.R. rcading Icsl Emily scored a 3A.lhis is a score ofeilrly Jrd gr.Jdc. SLJPEU! I hope Emily hit" OJ good limc al her IICW school next ycar! (jo<ld lllck 1<1 )'<111;111 in MiuJlcSnla, 1l:l\fc a CXl.:Cpllolla[ summcr' --,----. --... __~+__+nu,,___.~+_,_..._..,_~._.__ " . .. , . .0 . "a lot", She likes to visit her father in Pennsylvania, especially during the summer when she can swim in his swimming pool. Emily described Selina as "nice" and indicated that Selina.and her father are going to get married. Emily volunteered that she has a half brother and many other relations that live in Pennsylvania, Emily reported that she might be moving in the fall to Minnesota. Emily thinks that her mother is making this move because she wants Emily to be further from her Dad and because Mom wants a bigger house. Emily. indi~ated that they hardly kn~W anyone in Minnesota and she does not want to move there. Emily doesn't think that her mother knows how she feels about moving to Minnesota. Ideally, Emily would like to stay in Michigan. She has lived thecefor six years and has many friends. When asked if she has any worries about moving to Minnesota, Emily replied that she is afraid she will never get back to Michigan to see her friends..' . . Emily indicated that itmight be better to move to her father's howie in Pennsylvania. She noted that her half brother and many ot~er relatives - live in this .area, When asked if she had any worries about moving to Pennsylvania, she replied, "no".' I hope this information is helpful to you as you work with this case. Emily appears to be a 'bright, sweet youngster who is skilled at articulating her. . . thoughts and feelings, She seems to have "a positive emotional connection to her father 'and she views this area as home. David ~as obviously worked hard over the years to build and maintain a close connection with his daughter" If you. have any questiol;ls.regarding this information, please contact me. Sincerely, . J '/ ' (} A,.,~e "--"'+tiUct- t%-A ~ssica Hart, MA . Licensed Psychologist , ., ~ 2 to 20 years: Girls Stature-for-age and Welght.for-age percentiles 12 13 NAME RECORD # 14 15 16 17 18 19 20 S T A T U R E MOCha<'sS_ _'tSltlut1o . . . . em E'~~ 0olo ;;;;- s...... INI' =l:- AGE (YEA RS) 190 - 74 185 - 72 ~ - - 70- F ~ 175 r-- '1ll CIIe","" Sill: YIoIght (kg). sw..", (om) . Stat... (em) . '0.000 i:::~ ~ 00 68 170 I-- or Weight Qb) . Slo.... rOll. StaIR rOll' 700 =5 - 66- In em 4 5 IF ~7- 8=9 10 11 . 165 r-- 1-64 I- 160 160 r-- 1-62 ~55 62- \-- 155 I-- I- 150 150 r-=.. 1-58 145 \-- 1-56 f230 t-" 140 105 1-54 135 100 :;au -52 ~ '210 ----" 1 II 95 -50 :l:W' - 125 90 -48 120 85 ~90 ---' ~~ -=::.. 115 80 80 1=1= 70 --= 11 ;:~ 75 42 6; ~ 60 -' 105 -70 50 40- 1 ~ ~ :=65 40 38 t=95 60 530 1-36 F90 ~ ~ ~2O t:: ~~ "" 1-34' 5.=~ I- 1:=85 501:.'110 1-32; =80 =1:: JIll 1::45 100 3n. 40 =90 -80 ~ ;3Ji 80 70 ~ 70 =30 iIZ 30 60 60 ::25 1;0 '" 25 so- 1= 50 r=2O 20 40 40 30' E15 15 30 10 AGE EARS) . 10 Ib ~Kg 9 :ID W e , G H T 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 PubllvMd MG,.ao, 200Q{moolFod Itn11OO1, SOURCE: DeYelOAd by ttw National Ceoft, bt H4H&Jth St~Q In eolttbor:ltiotl with II'MII NS1lOtIal C.mw l!)r Cnton/c 01.... Prewn10n ana HN.tth PrtMnallon (2000). ht!vJ"""",,cdc..lirO'tItfOW'lhcMcU 17 18 19 20 . n~CR' M....l.TMIR.. Plap.LI'~ Efj; ~ t (( }_{ f/ . .' . S T A T U R E W E I G H T ~ ^' -" '- ~ r- , ".,' ~ , le} t.:: ~~ , , '.. .~ CJ 'j ~,) G'1 ~ - \r' (:.)1: U~l.~ - f,"J (\-d .~.~~ ~t! , ;"'r j \:9 !-' "..:': ". -';',' () ,.'.) (j - '-"-1 (~~ ~ l ... . . .... . . ... . and hoped that the minor child would enjoy her new school there. That was the first time Petitioner was aware that Respondent planned to relocate to Minnesota. 6, Petitioner was told that the farm, owned by Respondent's uncle, and the house in which Respondent resides in Michigan, owned by Respondent's father, have been sold. Neither Respondent nor her husband is currently employed in Michigan, and neither hasa job in Minnesota. Respondent presumably saw a farm in Minnesota on the Internet and the family hopes to go to Minnesota and purchase this farm. Respondent, while still unsure of her living arrangements or her financial situation, plans to relocate to Minnesota sometime this summer. 7. Despite the parties' sharing legal custody, Respondent did not advise Petitioner that she was planning to move with the minor child. Atthe Custody Conciliation Conference on AprilS, 2004 before Dawn Sunday, Esquire, Petitioner expressed his concern, among other things, that Respondent was not prO\,iding him with information regarding his daughter. Respondent agreed to advise Petitioner of any important matters concerning the minor child. Petitioner believes that a planned relocation to another state is a matter of significance importance, and that he should have been consulted, 8. When Petitioner picked up the minor child for his two-month period of summer custody, Respondent packed only a couple of items of clothing for her, .111 of which were too small. The child did not even have sneakers or socks, Petitioner left Respondent's home and went shopping for clothes and shoes for his daughter, The minor child has frequently been sent to Petitioner \vithout adequate clothing, While Petitioner does not mind purchasing clothing for his daughter, he is concerned that Respondent does not have the means to properly care for the minor child, 9, The minor child told Petitioner's mother that she does not want to go to Minnesota. The minor child appeared to be confused and concerned about the move. 10. Petitioner recently brought the minor child to the doctor for a pre-day camp physical. The doctor noted that the child has had numerous cavities and is overweight. Petitioner is the parent who initiated dental care for the child, who now has caps and has had root canals. Since she is only seven (7) years old, Petitioner believes that her oral hygiene has been neglected by Respondent. Petitioner asked the doctor how he could help with the child's weight problem, and was given recommendations. Petitioner is concerned about his daughter's care and well-being in Respondent's custody. 11. The minor child has often expressed to Petitioner an interest in sports. Petitioner would be able to provide her with extracurricular activities which would allow her to socialize with other children 'and get the exercise the doctor said she needs to help with her weight problem. 12. Petitioner believes that Respondent cannot provide stability for the minor child. Respondent left Pennsylvania five years ago averring that she and the child would have more advantages in Michigan, and that her father would also be relocating there. However, Respondent has not worked for the past few years, her husband is now unemployed, and her father still resides in Pennsylvania. Respondent owes approximately three thousand dollars in support to the father of her son. Her financial situation is bleak. Petitioner believes that the only regular income Respondent has is the child support he pays for his daughter. 13. Respondent can no longer remain in her father's home in Michigan on her uncle's farm because both have been sold. Respondent does not know anyone in Minnesota and neither she nor her husband has employment in that state. Petitioner believes that Respondent's decision to move to Minnesota was hasty and poorly planned. Petitioner avers -{ D >- ~ ..J SJ:; (: :r ,;.:: --0 - UJ~) , ('t) rJ &2C, "",. () .' () IJ} I.:: :.L: -.:.:;; (")I.' - - 60 "..j 0 n: ..:r UJCJ_ S ~ ....J .-. C'i:lU ~ :1.: ::-> ,... " Lt.. _T - 0 c.:.") :..) "5,- c:.J N , --) ..", (~ i:' ~ lO (r: .. " - ) .- f) ,I ~. ; .).-:.~: C) Cj ., .' ~l_~ :1_ u... !:J ,-- " \.0 , ' ." ......., UJ'''- C') '-:~al .j '. .,. ==: "..- . .. ."- t':.: ""'" Lt. c:, ~j () r..;::'::l C) '''' ; >...1 '"S l~;~T(? ;-'~:'.-: ,t:l-'>>;;,,' *~~~'" i"'L"." 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PI ~ 1 H t.!l , ' . .~ E-t I'll . , tIl :'L."":.'. .. ...1.&.1 ~:.. C.L ~,'.. .....',/if..". ..... H-i'., W.- ~~:' ...... a:'z S',' '. '. O !-'.<<',: ,U).~> \. ~:..!-:)o-l. , - ;::::iii,t-"ur -.a::,.z q:.. ;..a ...<: '. . '.;;: ">\"::ii , '.Q:: ....' ""f"; ,. ','., ',':-"., " ,r~"C ".'~~-'":'"-~.---:--;- ~ ,~' '~''':'': LAW QFFICE OF HAROf.~!j"IRWIN' Iii . \", .','.',' . "~.../ . "..'.: '. ":~" .' " , - ~~::;:~~~~~~~~~, 'j " >",~;'n~ '".', ~~;>:;~~::~i ''';:':,:1:1 1');,"'/~':<.1;:(i . . ~.;,~_i(i~ , " 'I . ~. ^, '.,' " ',';' , .;/;-.;) :~~i;;~ rl.':<5t. ~~ ~~~ '1 /i7;,." ,....,..., ""'1 -'l:fk ';!t;~~ :~;;.: lt1~ '11t2 ~])~1J 1-5~':~ ~1f (~':{( i~'I.:;it.: P~l! . ',' ~ : . '~:~\,t~J ; OFFICE OF THE DISTRICT ATTORNEY OF CUMBERLAND COUNTY ONE COURTHOUSE SQUARE CARLISLE. PENNSYLVANIA 17013 . MAR," 9 199~ i I , I I , I ~ r , " i '-j- -I J '\ : r PYS511 ]', Cumberland County Prothonotary's Office Civil Case Print Page 1 1999-00501 JOHNS BRIDGET ANN (vs) JOHNS DAVID WILLIAM Reference No..: Case Type.....: PROTECTION FROM ABUSE Judgment......: .00 JUdge Assigned: GUIDO EDWARD E Disposed Desc.: ------------ Case Comments ----_________ Filed. . . . . . . . : Time. . . '" '" : Execution Date Jury Trial.... Disposed Date. Higher Crt 1.: Higher Crt 2,: 1/27/1999 1:56 O/OO/OOCO 0/00/0000 ******************************************************************************** General Index Attorney Info JOHNS BRIDGET ANN PLAINTIFF IRWIN HAROLD S III COUNTRY MANOR ESTATES 252 REDWOOD LANE CARLISLE PA 17013 JOHNS DAVID WILLIAM DEFENDANT 1008 TOPVIEW DRIVE HARRISBURG PA 17102 ************************************+******************************************* * Date Entries * ******************************************************************************** 1/27/1999 1/27/1999 1/29/1999 1/29/1999 1/29/1999 3/09/1999 3/10/1999 3/10/1999 3/11/1999 3/24/1999 3/31/1999 3/31/1999 4/29/1999 8/20/1999 9/22/1999 - - - - - - - - - - - - - FIRST ENTRY - - _ _ _ _ _ _ _ _ .. _ _ _ PETITION FOR PROTECTION FROM ABUSE & CUSTODY BILLED COUNTY ------------------------------------------------------------------- TEMPORARY PROTECTION ORDER 1/27/99 IN RE HEARING 1/29/99 AT 1:30 PM IN COURTROOM NO 3 GEORGE E HOFFER P JUDGE PERSONALLY HANDED TO LS FAXED & MAILED TO PSP ------------------------------------------------------------------- CUSTODY ORDER - 1/29/99 - BY GEORGE E HOFFER PJ ------------------------------------------------------------------- FINAL PROTECTION ORDER - DATED1/29/99 - BY GEORGE E HOFFER PJ ------------------------------------------------------------------- AFFIDAVIT OF ACCEPTANCE OF SERVICE ------------------------------------------------------------------- COMMONWEALTH'S PETITION FOR HEARING ON CHARGES OF INDIRECT CRIMINAL CONTEMPT ------------------------------------------------------------------- COMMONWEALTH'S PETITION FOR HEARING ON CHARGES OF INDIRECT CRIMINAL CONTEMPT -----_.~------------------------------------------------------------ ORDER OF COURT - DATED 3/10/99 - IN RE COMMONWEALTH'S PETITION FOR A HEARING ON CHARGES OF lND1RECT CRIMINAL CONTEMPT _ DEFENDANT TO APPEAR FOR TRIAL 3/18/99 1:30 PM CR 3 - BY GEORGE E HOFFER PJ _ COPIES TO DA . ------------------------------------------------------------------- ORDER OF COURT - DATED 3/10/99 - IN RE COMMONWEALTH'S PETITION FOR A HEARING ON CHARG~S OF lND1RECT CRIMINAL CONTEMPT _ DEFENDANT TO APPEAR FOR TRIAL 3/18/99 1:30 PM CR 3 - BY GEORGE E HOFFER PJ _ COPIES TO DA ------------------------------------------------------------------- ORDER OF COURT - DATED 3/18/99 - IN RE PETITLONS DISMISSED _ WE DISMISS THE PETITION b~TED 3/4/99 AND 3/9/99 _ BY GEORGE E HOFFER PJ - COpy MAILED 3/24/99 ------------------------------------------------------------------- PETITION FOR MODIFICATION FOR CUSTODY ORDER ------------------------------------------------------------------- ORDER OF COURT - DATED 3/31/99 - IN RE PETITION FOR MODIFICATION OF CUSTODY ORDER - PREHEARING CUSTODY COHFERENCE 4/7/99 1 PM @ 39 W MAIN ST MECHANICSBURG - BY DAWN S SUNDAY ESQ CUSTODY CONCILIATOR _ NOTICE MAILED AND COPIES PERSONALLY GIVEN 3/31/99 ------------------------------------------------------------------- CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT AND ORDER OF COURT _ DATED 4/28/99 HEAR~NG 8/12/99 9:30 AM CR 1 - BY J WESLEY OLER JR J- COPIES MAltED 4/29/99 ------------------------------------------------------------------- ORDER FOR CONTINUANCE - DATED 8/20/99 - IN RE MOTION FOR CONTINUANCE - HEARING 8/12/99 IS RESHCEDULED TO 11/3/99 9:30 AM CR 1 - BY J WESLEY OLER JR J - COPIES MAILED 8/20/99 ----------------------------------------------------,--------------- PRAECIPE FOR WITHDRAWAL OF APPEARANCE FOR BRIDGET ANN JOHNS BY JOAN CAREY ESQ PYS 511 r .\ Cumberland County Prothonotary's Office Civil Case Print Page 2 1999-00501 JOHNS BRIDGET ANN (vs) JOHNS Reference No..: Cadse Type.....: PROTECTION FROM ABUSE Ju gment......: .00 J~dge Assigned: GUIDO EDWARD E D1Sposed Desc.: -----...---- Case Comments _______._____ 9/22/1999 DAVID WILLIAM Filed........: 'rime.. .......: Execution Date .Jury Trial.... Disposed Date. Higher Crt 1.: Higher Crt 2.: ------------------------------------------------------------------- PRAECIPE FOR ENTRY OF APPEARANCE FOR BRIDGET ANN JOHNS BY LEROY SMIGEL ESO ------------------------------------------------------------------- ORDER OF COURT - DAT~D 11/3/99 - IN RE CUSTODY _ BY EDWARD E GUIDO J - COPIES MAILED 11/5/99 ------------------------------------------------------------------- PETITION FOR MODIFICATION OF CUSTODY ORDER - BY MARYANN MURPHY ESO FOR DEFTS ------------------------------------------------------------------- ORDER OF COURT - DATED 2/13/04 - IN RE PETITION FOR MODIFICATION OF CUSTODY - A HEARING IS SCHEDULED AT 39 WEST MAIN STREET MECHANICSBURG PA ON 3/16/04 AT 1:00 PM - FOR THE COURT DAWN S SUNDAY ESO CUSTODY CONCILIATOR COPIES MAILED ------------------------------------------------------------------- CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT AND ORDER OF COURT -/DA~ED 4/14/04 - BY THE COURT EDWARD E GUIDO J COPIES MAILED 4 15/04 ------------------------------------------------------------------- PETITION FOR MODIFICATION OF A CUSTODY ORDER BY MARYANN MURPHY ATTY ------------------------------------------------------------------- ORDER OF COURT - DATED 7/19/04 - IN RE MODIFfCATION _ HEARING AT 39 WEST MAIN STREET MECHANICSBURG PA ON 8/17 04 - AT 2:00 PM FOR THE COURT DAWN S SUNDAY ESO CUSTODY CONCILLA OR COPIES MAILED ------------------------------------------------------------------- PRAECIPE FOR WITHDRAWAL OF APPEARANCE FOR PLFF - BY LEROY SMIGEL ESQ AND ENTRY OF APPEARANCE FOR PLFF BY HAROLD S IRWI III ESQ ------------------------------------------------------------------- ORDER OF COURT - DATED 8/20/04 - A BRIEF HEARING ON FATHER'S P~TITION FOR SPECIAL RELIEF TEMPORARY ORDER WILL BE HELD ON 8 23/04 AT 11;00 AM IN CR 5 OF THE CUMBERLAND COUNTY COURTHOUSE C RLISLE PA - BY THE COURT EDWARD E GUIDO J COPIES MAILED ------------------------------------------------------------------- ORDER OF COURT - DATED 8/23/04 - IN RE CUSTODY _ IN RE AGREEMENT OF THE PARTIES - THE PARTIES SHALL PARTICIPATE IN A CUSTODY EVALUATION BEFOER MOTHER RETURNS OF MICHIGAN/MINNESOTA WITH THE CHILD - WILL SCHEDULE A HEARING ON THE MERITS FOR 11/22/04 AT 8:30 AM - PENDING THE HEARING OUR PRIOR ORDER OF 4/14/04 SHALL REMIAN IN FULL FORCF AND EFFECT - BY THE COURT EDWARb E GUIDO J COPIES MAILED ----------_.~------------------------------------------------------- CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT ------------------------------------------------------------------- STIPULATION AND AGREEMENT ------------------------------------------------------------------- ORDER OF COURT - DATED 11/30/04 - STIPULATION & AGREEMENT UPON AGREEMENT OF THE PARTIES IS HEREBY ORDERED & DECREED THAT THE ATTACHED AGREEMENT IS MADE AN ORDER OF COURT - BY THE COUR~ EDWARD E GUIDO J - - - - - - - - - - - - . - LAST ENTRY 1/27/1999 1:56 0/00/0000 0/00/0000 11/05/1999 2/ OS/2004 2/17/2004 4/15/2004 7/14/2004 7/19/2004 8/16/2004 8/24/2004 8/27/2004 9/01/2004 11/18/2004 11/30/2004 ******************************************************************************** * Escrow Information * * Fees & Debi t s Beq Bal Pvmt s / Ad i End Bal . * ********************************~********~************************************** -------------- IFP REIMBURSE MODIFICATION CU MODIFICATION CU SPEC RELIEF CUS 35,00 35.00 50.00 50.00 50.00 50.00 50.00 50.00 ------------------------ 185.00 185.00 .00 .00 .00 .00 ------------ .00 ******************************************************************************** * End of Case Information * *************************************************************~****************** , 8. Petitioner has been a resident of Perry County for more than four (4) years. 9. The Order dated November 30, 2004, which incorporated parts of the April 13,2004 Order, provided that Petitioner would have custody during the summer from the first Saturday after the child has been out of school for three full weeks through the third Saturday in August. to. Respondent advised Petitioner that he could not take the child for his summer period of custody this year which was to begin on July 1, 2006. Respondent told Petitioner that Michigan does not recognize the Pennsylvania Court Order and if Petitioner went to Michigan to pick up his daughter, Respondent would call the police and have him arrested. 11. Petitioner retained counsel in Michigan to enforce the Pennsylvania Order and allow him to have his summer period of custody with the minor child. 12. Petitioner filed a Custody Complaint docketed to number o6-H-24923-DC, and a hearing was scheduled for JulYI9, 2006 in Ionia County, Michigan to enforce the current Pennsylvania Order. 13. Petitioner drove to Michigan to attend the hearing. 14. Before taking testimony from the parties, the Michigan Court requested an Order from the Court of Common Pleas of Cumberland County, Pennsylvania relinquishing jurisdiction and transferring the custody action to Michigan. A hearing has now been scheduled for July 20, 2006 at 10:15 a.m, 15. Petitioner requests that this Honorable Court relinquish jurisdiction of the custody action, and transfer it to Ionia County, Michigan, where the Respondent and the child reside. HAROLD S. IRWIN, III, ESQUIRE ATTDRJIEY ID NO. 29920 84 SOUTH PITT STREET CARLISLE PA 17013 (717) 243-8OH ATTORNEY FOR PLAlNTIFFIRESPONDENT BRIDGET ANN (.JOHNS) CASSELL, PlalntlfflRespondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND ICOUNTY, PENNSYLVANIA Y. : CIVIL ACTION ., LAW DAVID WILLIAM .JOHNS, Defendant/Petitioner : NO. 99 - 0501 ,CIVIL TERM : IN CUSTODY STIPULATION AND AGREEMENT THIS STIPULATION AND AGREEMENT entered into this,,tl::1'1 day of November, 2004, by and between BRIDGET ANN CASSEll (hereinafter referred to as "Mother") and DAVID WILLIAM JOHNS (hereinafter referred to as "Father"). NOW THIS AGREEMENT WITNESSETH THAT: WHEREAS, the parties are the natural parents of a minor child, namely, Emily Taylor Johns (born June 23, 1997, age 7 years); and, WHEREAS, the parties are subject to a custody order dat~:)d April 14, 2004, filed to the above term and number; and WHEREAS, subsequent to the Father's petition to modify said order, the parties participated in a custody conciliation followed by a custod~f evaluation performed by Deborah L. Salem, CAC, LPC, upon receipt of which the parties have agreed to settle and resolve all outstanding issues concerning the custody' of the child; and NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth and intending to be le~~ally bound, the parties hereto stipulate and agree to the entry of an order of Court providing as follows: 1 . The Mother agrees that she will not move from the State of Michigan with the child without the Father's prior written consent or, if she CClnnot obtain such consent, without filing a petition to modify this Order and obtaining II eave of Court. 2. The parties agree that this agreement shall be submitted to the Court of Common Pleas of Cumberland County, Pennsylvania for ~Ipproval and for entry of an order of Court modifying the current order to the extent provided herein without a hearing and that the hearing scheduled for November 22, 2004 shall be cancelled. 3. Both parties acknowledge that the Mother and the child have been residents of the State of Michigan for at least five years prior to the eXHcution of this stipulation and agreement. 4. In all other respects, the order of Court dated April 14, 2004 shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms hereof, set forth their hands and seals the day and year herein set forth. ~y:~ c {;r-f-r,,J ~ H/~~~ I RID T ANN CASSELL (SEAL) I~ (li7 ~ :L~? DAVID WILLIAM JOHNS (SEAL) . . DAVID WilLIAM JOHNS STATE OF MICHIGAN COUNTY OF '):'0 tJ l--A.. On this, the U t1:}.t... day of November, 2004, before, the undersigned officer, appeared BRIDGET ANN CASSELL, known to me ( or satisfactorily proven) to be the same person whose name is subscribed to the within instrument, and acknowledged that she executed this agreement for the purposes therein containE~d. :SS: IN WITNESS WHEREOF, I hereunto set my hand and official seal. , _a ILl III J ....,n l1Lt~:a. ..~ ".J"ln _ '-.. ~~ \k\jdQ~ (SEAL) Notary Public COMMONWEAL TH OF PENNSYLVANIA COUNTY OF ~if' Cl",? d On this, the I B~ay of November, 2004, before, the undersigned officer, appeared DAVID WILLIAM JOHNS, known to me (or satisfactorily proven) to be the same person whose name is subscribed to the within instrument, and acknowledged that she executed this agreement for the purposes therein containE~d. :SS: IN WITNESS WHEREOF, I hereunto set my hand alnd official seal. ~ 4 tJ.dill ~~L) otary Public ~i::"-i' iAL ~~hL -\ ~~I,' .:A f t'i:wbJ-IKFR, NOTARy PUW::' C .r:!~ia Sora, C-,:!il,Lerl?r1d County ~ ! ~it\ :'0[':-: i',S~IOI: ~>,~lifJ~ i\p~li '~l 2QO J , \ n IIIII1UJ_.. . ".",....."... ..II1IIl1I \1 flit n I~" \> ~ ..< '.~) \(-=::~" ,~ ,~ ~:: ~ "'"' - - r' ,;- -:'"r;--. AJj< "', . ,P I " lV S .., "1 "I t "'I hi'nz I ../ ":,,.., ~ nui'l "lJU j . '...J i' "-J ;,,~'~L~~5'j:;'~~~fJ~~~ril jJ HAROLD S. IRWIN, III, ESQUIRE ATTORNEY IDNO. 28920 64 SOU'rH PITT STREET CARLISLE PA 17013 (717) 243-8080 ATTORNEY FOR PLAINTlFFIRESPONDENT If BRIDGET ANN ("OHNS) CASSELL, PlalntltflRespondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Y. : CIVIL ACTION \. LAW DAVID WILLIAM ..OHNS, Defendant/Petitioner : NO. 99 - 0501 CIVIL TERM : IN CUSTODY ORDER OF COURT ~ AND NOW, this ~ day of November, 2004, upon presentation and consideration of the attached Stipulation and Agreement and upon agreement of the parties, it is hereby ordered and decreed that the attached agreement is made an Order of Court. J. VlNVlOASNN3d II'N!"1'-r, n'.' ,._, :~-'~'fi1"'\ I'l. t ~U...i '. ~~ \~ ::.~,~=-:?Jr\~ll"'-' zz :t: Wd at: ^ON ~UuZ }' l\llr" I""" I! ...... t ""'wi ,JO \b.[ UI\fUiU.licQ :J" ;;:l 3'.)\:1=-0-0311:\ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL AcnON - LAW BRIDGET ANN (JOHNS) CASSELL, Plaintiff/Respondent . . . . v. : NO. 99-501 . . DAVID WILLIAM JOHNS, Defendant/Petitioner : IN CUSTODY PlSuuON TO TRANSFER JURISmcnoN NOW COMES, DAVID WILLIAM JOHNS, Defendant/Petitioner, by and through his attorney, Maryann Murphy, Esquire, and avers as follows: 1. Petitioner is DAVID WILLIAM JOHNS who resides at 5 Herr Court, Newport, Perry County, Pennsylvania 17074. 2. Respondent is BRIDGET ANN (JOHNS) CASSELL who is believed to be residing at 123 East Lincoln Avenue, lonia, Michigan 48846. 3. The minor child involved in this action is: EMILY JOHNS, born June 23, 1997. She resides with Respondent. 4. Petitioner is the biological father of the minor child. 5. Respondent is the biological mother of the minor child. 6. Neither party resides in Cumberland County. 7. Respondent and the minor child have been residents of the State of Michigan for more than six (6) years. 8. Petitioner has been a resident of Perry County for more than four (4) years. 9. The Order dated November 30, 2004, which incorporated parts of the April 13, 2004 Order, provided that Petitioner would have custody during the summer from the first Saturday after the child has been out of school for three full weeks through the third Saturday in August. 10. Respondent advised Petitioner that he could not take the child for his summer period of custody this year which was to begin on July 1, 2006. Respondent told Petitioner that Michigan does not recognize the Pennsylvania Court Order and ifPetitioner went to Michigan to pick up his daughter, Respondent would call the police and have him arrested. 11. Petitioner retained counsel in Michigan to enforce the Pennsylvania Order and allow him to have his summer period of custody with the minor child. 12. Petitioner filed a Custody Complaint docketed to number 06-H-24923-DC, and a hearing was scheduled for JulYI9, 2006 in Ionia County, Michigan to enforce the current Pennsylvania Order. 13. Petitioner drove to Michigan to attend the hearing. 14. Before taking testimony from the parties, the Michigan Court requested an Order from the Court of Common Pleas of Cumberland County, Pennsylvania relinquishing jurisdiction and transferring the custody action to Michigan. A hearing has now been scheduled for July 20, 2006 at 10:15 a.m. 15. Petitioner requests that this Honorable Court relinquish jurisdiction of the custody action, and transfer it to Ionia County, Michigan, where the Respondent and the child reside. WHEREFORE, Petitioner prays this Honorable Court to enter an Order relinquishing jurisdiction of the custody action and transferring it to Ionia County, Michigan. Respectfully submitted: Maryan Murphy, &quire PMB 246 4902 Carlisle Pike Mechanicsburg, PA 17050-3079 (717) 730-0422 Attorney I.D. #61900 Attorney for Defendant/Petitioner I~ By: VERIFICATION I, MARYANN MURPHY, ESQUIRE, on behalfofDefendantjPetitioner, DAVID WILLIAM JOHNS, attest that the statements made in the foregoing Petition have been verified as true and correct by Defendant/Petitioner who is in the State of Michigan and unable to personally sign this Verification. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Murphy, David William Johns on behalf of () c;. t..C :--:1 [n _J,i.1 , F) tJ ... .. . RECEIVED'i J':j~ (lOUb ttL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNlY, CIVILACfION - LAW BRIDGET ANN (JOHNS) CASSELL, Plaintiff/Respondent . . . . . . v. : NO. 99-501 DAVID WILLIAM JOHNS, Defendant/Petitioner . . . . : IN CUsroDY ORDER. OF COURT AND NOW, this -;;;?f:? day of ~ . 2006, upon consideration of the Petition to Transfer Jurisdiction of the custody adtlon regarding the minor child, EMILY JOHNS, born June 23, 1997, IT IS ORDERED AND DECREIID that this Court hereby relinquishes jurisdiction and transfers the custody action to the Court in Ionia County, Michigan. ~v ~ The Honorable Edward E. Guido Distribution: Maryann Murphy, Esquire PMB 246 4902 Carlisle Pike Mechanicsburg, PA 17050-3079 Harold S. Irwin, III, Esquire 64 South Pitt Street Carlisle, PA 17013 , ~ 1-~~t., ~ ~ .. .. '0': /<' ';' '\ I;S=6IFJ 02 jJ:l\{LO". u .. , . RECEIVEbi , jU~ tUUb ILc IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNlY, CIVlLACl'ION - LAW BRIDGET ANN (JOHNS) CASSELL, : PlaintitT/Respondent : . . v. : NO. 99-501 . . DAVID WIUJAM JOHNS, Defendant/Petitioner : : IN CUSTODY ORDER OF COUllT AND NOW, this ~ day of ~. 2006, upon consideration of the Petition to Transfer Jurisdiction of the custody adtlon regarding the minor child, EMILY JOHNS, born June 23, 1997, IT IS ORDERED AND DECREED that this Court hereby relinquishes jurisdiction and transfers thecustody action to the Court in Ionia County, Michigan. ~v E. Guido ~ The Honorable Edward DiBtn'bution: Maryann Murphy, Esquire PMB 246 4902 Carlisle Pike Mechanicsburg, PA 17050-3079 Harold S. Irwin, Ill, Esquire 64 South Pitt Street Carlisle, PA 17013 ,~ ~ 1- ~b 41& ?- ,'~ r. ,~ 1.\\-1 ~',')' t. : t'.! \,' oz. ~.J}L ;;', Ii r