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Home My WebLink About03-2756 SHEILA NEWCOMB. Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA v, : CIVIL ACTION LAW : No. 03- ;L7 sc. CULL <-r'Ca..~ MICHELLE McLAUGHLIN. Defendant : IN CUSTODY COMPLAINT FOR CUSTODY AND NOW. comes the plaintifl: Sheila Newcomb, by her attorney. Michael 1. Whare, Esquire. and in support of her Complaint avers as follows: 1. The plaintiff, Sheila Newcomb, is an adult individual residing at 2565 Bayberry Avenue, Stillwater, Minnesota 55082. 2. The defendant. Michelle McLaughlin, is an adult individual residing at 3 Dranoel Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff seeks custody of the following child: Name Present Residence DOB Age Taylor McLaughlin 3 Dranoel Drive 9-15-95 7 Carlisle. P A 171 03 The child was born out of wedlock. The child is presently in the custody of Sue Leigh and Tiffany Leigh who resides at 144 Countryview Estates, Newville, Pa 17241. During the past five years, the child has resided with the foRowing persons and at the following addresses: Name Address Dates Michelle McLaughlin & Tiffany Leigh 354 Roxbury Rd Newville, P A 17241 2001-2003 Michelle McLaughlin & Corey Leigh Box 661 Greensvalley Rd Landisburg, P A 17040 1999-2001 The mother of the child is Michelle McLaughlin, currently residing at 3 Dranoel Drive, Carlisle, P A 17013. She is single. The father of the child is unknown and his whereabouts are unknown. His relationship status is unknown. 4. The relationship ofplaintitfto the child is that ofmatemal grandparent. The plaintiff currently resides with the following persons: Name Relationship Curt Newcomb Husband 5. The relationship of defendant to the child is that of mother. The defendant currently resides with the fonowing persons: Name Relationship Jason? Friend 6. Plaintiffhas not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know who the father of the child is and does no1 know of any other person not a party to the proceedings who has physical custody of tbe child and claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: Defendant has breached her duty of care to the child in that is she incapable of providing care for the child. The child's welfare, well being and health is at risk if she continues to stay in the custody of the defendant. Plaintiff is best able to provide the care and nurture which the child needs for healthy development. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: Name Father is unknown Address Basis of Claim Father of child WHEREFORE, Plaintiff requests this Court grmt the plaintiff wstody of the child. Respectfully submitted, d~Lvl ROMINGER & BAYLEY 155 Soutb Hanover Street Carlisle, PAl 70 13 717-241-6070 Supreme Court In #89028 Date: June 12,2003 v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION LAW : No. 03- SHEILA NEWCOMB, plaintiff MICHELLE McLAUGHLIN, Defendant : IN CUSTODY VERIFICATION MICHAEL 1. WHARE. ESQUIRE, states that he is the attorney for Plaintiffin this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon a phone conversation with his client and due to his client being out of the jurisdiction at the time of signing and filing, that this statement is made subject to the penalties of 18 Pa. Cons. Stat. ~ 4904, relating to unsworn falsification 10 authorities. {fL~wLf:~ Attorney for Plaintiff Date: (p- f d. _0 ~ v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION LAW : No. 03- SHEILA NEWCOMB, Plaintiff MICHELLE McLAUGlllJN, Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Michael 1. Whare, Esquire, attorney for Travis G. K~U1ffirtal}, do hereby certify that I this day served a copy of Plaintiffs CollfJllointfor o,stody upon the following by depositing the same in the United States Mail, return receipt requested and first class postage prepaid, at Carlisle, Pennsylvania. addressed as follows: Michelle Mclaughlin 3 Dranoel Drive Carlisle, P A 17013 Dated: {, -/d-e5 ~~!./tv.A- Attorney for Plaintiff ~ ~~~ t;i ~ ~ ~~-v ~ P- J :'- '..:; ::~.,-~ .....,. ' - J'I"; ........... l 7. ~-- '-":-. :D ,:.,.: . r I .. -, . ,':l :. . ( ) . .1'\ - ) :: .', ~~, .. .. , '. . .(. t ";." - "-. J ;.:: :.? j , :( .~:- -<..,. JUl 1 1 2003 P SHEILA NEWCOMB, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2003-2756 CIVIL TERM MICHELLE M~LAUGHLIN, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this 9th day of July, 2003, the Conciliator being notified that the parties have reached a stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, f~~:!~y Concilmtor (") 0 0 C v../ '''n ~ C- .. , '"tJ('.' c:: ~t? I - ,. ..t" .~ ~.;; ~(.~. .. ,,:~. .... ... ,,~ ", ~~~.; kr;. :x::>- , 7 ~~ -'"\ ~C :x ..,:CI C - "--:, t'"lI >C': - ~~ ::z I" ::iJ -: -<. N -< JAMES MCLAUGHLIN, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA VS. NO. 03-2756 MICHELLE MCLAUGHLIN and SHEILA NEWCOMB Respondents CIVIL ACTION - LA W IN CUSTODY PETITION TO INTERVENE AND TO MODIFY CUSTODY To the Honorable Judges of said Court: Petitioner, James McLaughlin, by his attorney, Jerry A. Philpott, Esquire, files this petition and respectfully represents the following: 1. Petitioner is James McLaughlin, who resides at 850 Windy Hill Road, Lot 19, Sherrnansdale, Perry County, PAt 7090. 2. Respondent (mother) is Michelle McLaughlin, who resides at 202 Gull Court, Mechancisburg, PA 17055. 3. Respondent (grandmother) is Sheila Newcomb, who resides at 2565 Bayberry Avenue, Stillwater, MN 55082. 4. On June 24, 2003, the Honorable J. Wesley Oler, Jr., entered a custody order, a copy of which is attached as Exhibit A, granting respondents (mother and maternal grandmother) shared legal custody and respondent grandmother primary physical custody. No mention was made of a father. 5. Although petitioner may not be the biological father of Taylor Mclaughlin, he is on the birth certificate as the father, was in loco parentis to Taylor for the first two years of her life, had regular and repeated and at times prolonged custody of Taylor thereafter until the June 24 , 2003 order, and has primary custody of Taylor's sister. 6. Petitioner had no knowledge ofthe entry the order in this case (Exhibit A) at the time it was entered. In fact, he had arranged for Taylor to spend the weekend with her sister and only learned after the entry of the order that Taylor had gone to live with her grandmother in Minnesota. 7. Petitioner did not have any idea that he might have any custodial rights in the matter. Although he had had sexual access to respondent mother near the time of conception and might be the biological father of Taylor, he had been told he was not the biological father, although to his knowledge no blood tests have ever been done. He had nevertheless married respondent mother. allowed her to list him as the father on the birth certificate, and had raised Taylor as his own child while they resided together. After they separated, he obtained custody of her sister, Kari, who resides with him in Perry County, but assumed he had no legal rights with regard to Taylor. 8. When respondent grandmother filed for support against him in Minnesota, petitioner consulted with counsel and leamed for the first time that biological parenthood is not a prerequisite to custodial rights. 9. Since the entry of Exhibit A. the following substantial circumstances and facts have changed, giving rise to this petition: Petitioner has learned that he may have custodial rights and has been unable to get grandmother's cooperation in even arranging visits between the two sisters. They are allowed to write to each other, but not to visit. 10. As a result of the foregoing, the existing provisions regarding custody are no longer in the best interest and welfare of the child. 11. The best interests and welfare of the child will be promoted by a modification ofthe present custody arrangements for the above reasons. WHEREFORE, your petitioner respectfully prays that this Honorable Court modify the custody as follows: permit petitioner to intervene and grant him primary custody so that Taylor can be raised in the same home with her sister. Respondent mother can have partial custody rights just like she now enjoys with regard to Kari, and respondent grandmother may also have reasonable partial custody and visitation rights. Dated: June 18,2004 I verify that the statements made in this Petition to Intervene and to Modify Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. ~4904 relating to unsworn falsification to authorities. CLau~iF Petitioner ~"~"J I. .."r \,. . t: ..~ .... ,..,~... , ~ . ... .. \ -';- ~., . . ....:...--._':-;.'.~<~_:...t.~ '~'~~";'~~>J:>;".:.:-' ~ .,:...~, :_" JUN 23 2003 \J SHEILA NEWCOMB. Plaintiff : IN THE COURT OF C01vfMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION LAW : No. 03-2756 Civil term MICHELLE McLAUGHLIN. Defendant : IN CUSTODY ORDER A~ NOW, this =<.c.fi , ) LL-~ ,2003, day of in consideration of the attached Stipulation Regarding Custody and Visitation, it is hereby ordered that: 1. Mother and Grandmother will share legal custody of the Child as defined id23 Pa. C.S.A. 9 5302. All decisions affecting the Child's growth and development, including but not limited to medical treatment, education, and religious training. are major decisions which Grandmother and Mother shal1 make jointly after discussion and consultation with each other. 2. As provided in 23 Pa. C.S.A 9 5309 (a), each parent shall have full and complete access to the Child's mental, dental, religious and school records. This includes the name, addresses and telephone numbers of all medical and other providers. 3. Grandmother shall have primary physical custody of Child subject to periods of visitation with the Mother as the parties may mutually agree upon. 4. Grandmother and Mother shall mutually agree upon the holidays. . . .. .~~r: 4:. ,~. :-. ..'~-~~:~:.~ : .~. : :'~~~:.,~:. ":'~:,;".:~. ~ ~~l;~' ::>. " . ',:, ..~.' :... S. The parties shall have reasonable telephone and email contact with the Child while the Child is in the other's custody. 6. Neither party shall make any disparaging remarks regarding the other party in the presence of the Child. Additionally, neither party shall permit third persons to make disparaging remarks concerning the other party in the presence of the Child. 7. Any modification or waiver of any of the provisions of the agreement of the parties shall be effective only if made in writing and only ifexecuted with the same formality of the agreement of the parties. BY THE COURT: /sf J. ~Jf ~ tLk ~ J I :rr;tUE C;OPY PROM RecofW) '., T astlmony whereof. , here unta .. "".. ;;~t: itJt ~~ !o:~ ,,' .,' ',;':j",:t..::': ~~. :!') :(),~\"'~.- .:," ,,::. STUULATION REGARDING CUSTODY- VISITATION : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL V ANlA (') ~ c: C ...... -'1 s: "'tHI' .-- '. '_. rT1 r. Z"':"', - Zc ~ ..,~11 t~ .:', \::. ~"l':' .., . r--:: ~ .., ;c:: ....0 ....:, J> (- - . Z"'" ...~: >~ --~;r(' ~ (~ ~ : CIVIL ACTION LAW : No. 03-2756 Civil term SHEILA NEWCOMB. Plaintiff v. MlCHELLE MclAUGHLIN;' Defendant : IN CUSTODY Plaintiff, Sheila Newcomb, hereinafter referenced as Grandmother, and Defendant. Michelle McLaughlin, hereinafter referenced as Mother, hereby agree to the following terms in a Court Or~~r defining custody and partial custody rights and responsibilities in relation to Taylor McLaughlin, born September 15, 1995, hereinafter referenced as Child: 1. Mother and Grandmother will share legal custody of the Child as defined in 23 Pa. C.S.A ~ 5302. All decisions affecting the Child's growth and development, including but not limited to medical treatment, education, and religious training. are major decisions wltich Grandmother and Mother shall make jointly after discussion and consultation with each other. 2. As provided in 23 Pa. C.S.A. 9 5309 (a). each parent shall have full and complete access to the Child's mental, dental, religious and school records. This includes the name, addresses and telephone numbers of all medical and other providers. 3. Grandmother shall have primary physical custody of Child subject to periods of visitation with the Mother as the parties may mutually agree upon. 4. Grandmother and Mother shall mutually agree upon the holidays. 5. The parties shall have reasonable telephone and email contact with the Child while the Child is in the other's custody. . ":, ~;. ',. . 6. Neither party shall make any disparaging remarks regarding the other party in the presence of the Child. Additionally, neither party' shall permit third persons to make disparaging remarks concerning the other party in the presence of the Child. 7. Any modification or waiver of any of the provisions of the agreement of the parties shall be effective only if made in writing and only if executed with the same formality of the agreement of the parties. 8. The parties hereto acknowledge that they have had the opportunity to consult an attorney prior to executing this agreement. Grandmother's attorney is Michael J. Whare. Esquire. IfMother"does not seek the advice of an attorney, she does so knowingly and voluntarily. 9. The parties hereto agree that this agreement shall be recorded and incorporated into an Order enforceable by the Court. Consented to: ~~o\(lQ..)J Sheila Newcomb J ~~i W/( ~- ~D-O.3 Date ~ -;JO~05 Date ;?b;,k//; </ //1~-/",/.) ~'. Michelle M~ughlin c-/' ~hU.L Q, 0~ Witness {p ./~ -ct5 Date {; -/~ - 6..3 Date - ."".... ~ <<t ~ 6 (') ~ 0 c:::> . C .:;.:, -n ;-..',1" ,.,:.- ~ () --'tv:,. C._ -~ (;; ,-,-" c:. :c..., C>' '. 'tJ' ~. . :r.: rl1F .' .; , -,., " ~ N -:I'!-\ r '. .'. ..' W ()(:J n' . . ....:l -au ' . -'-\ .~.- ~ .- '. -;- ,. ~ () ~::,: . . -0 ~ .~~: :~1 ~.~:-: :J;. r r-.. " ~":,rn .1 Z ;}~ ~ =< .r:- c...;. -<; -J:- JAMES MCLAUGHLIN PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. 03-2756 CIVIL ACTION LAW MICHELLE MCLAUGHLIN AND SHEILA NEWCOMB IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, June 30, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Ja(:queJine M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, July 28.1004 at 1:30 PM for a Pre-Hearing Custody Conference. At such conference. an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be beard by the court, and to enter into a temporary order. All children a~e five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Spedal Relief orders, and Custody orders to the conciliator 48 bours prior to scheduled hearin2. FOR THE COURT. By: Isl Jacqueline M. Vernq,FJq. Custody Conciliator mhc The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTII BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania ] 7013 Telephone (717) 249-3166 . rf ~.l+:--' ~ ~ Jq.~.,? ~ ~ ~ ~ ;hOOf.? r~ ~ Z~ ~.~ .JO~.? \'J''''\\!/\~' ," I', ,- . '!~ !(""~I;.!"""_~' ,'. """,_,.\! 1 , :.!c! IV..J'.:I I'", I ' , " "".' .-'tr""", - . ,. ":'..!:i~I:J 92 :~ ~!d DE lmr ~Unl i.}jl/i.OdC;-11Cbd 3:..{1 .:10 30Id::O-031Id v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CNIL ACTION - LAW JAMES McLAUGHLIN, Plaintiff , MICHELLE McLAUGHLIN/and : NO. 03-2756 CIVIL TERM SHEILA NEWCOMB, /" DefooQafits ..: IN CUSTODY I ,'. ~" ". -..... ACCEPTANCE OF S~RVICE , ... , 2004, I 'j I, Jessica Diamondstone, Esquire acknowledge that on received a true and attested copy of the Preliminary Objectio Newcomb, in the above captioned action and acknowledge that I am authorized to do so on behalf of Defendant, Michelle McLaughlin. 29~/ Je ca Diamondstone, Esquire IdPenn Legal Services 8 Irvine Row Carlisle, PA 17013 0 ,...:> c..> 0 .)ii.. c:::> .;;- -n ~ :t.. ::~ D;r~ c::: ,_:;-' C;-J rl1l... ;;r. ~ .. -arn ~::~\~' 0 ~~:Z(? [,~::. \ .. '-:::;0 ;,!~~ -' '. -., f'::' :~:! ..... ,'" C) N ;:..",.,,', :<: S~ ~ c.;1 ':.lJ W -c'.: JAMES McLAUGHLIN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CNlL ACTION - LAW MICHELLE McLAUGHLIN and SHEILA NEWCOMB, Defendants : NO. 03-2756 CIVIL TERM : IN CUSTODY ACCEPTANCE OF SERVICE I, Jerry A. Philpott. Esquire acknowledge that on J",', 1,,, . 2004, I received a true and attested copy of the Preliminary Objections filed by Defendant, Sheila Newcomb, in the above captioned action and acknowledge that I am authorized to do so on behalf of Plaintiff, James McLaughlin. , Date: B/~., ..' .....4 '. , ~... I ~..: ~ d ,. () f;: :c ;:;' til,k: ;~ ;~.~.' .....-;: ~~ (,', i. ..,...' ;~~~:~: . $C - r.... !J , . c-' en (,.,) ". f'oo.:) ~ c::';:) ...c:- =.". ro' c.:::; (") -n --I ;r. '1" "7_.,. ~r7r.:: ~_. ~::.: ~ 'j I ::';:'(", ,;t :.:fi ~ .J .~.J -...., ) ;: ''j 1"" ~:-:1 ......~... :..1:1 -< - o ~ ....,- ...,~ t"\) -, SHEILA NEWCOMB, : IN THE COURT OF COMMON PLEAS PlaintifflRespondent : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 03-2756 CIVIL TERM MICHELLE McLAUGHLIN : IN CUSTODY Defendant/Petitioner PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Michelle McLaughlin, DefendantIPetitioner, to proceed in forma pauperis. I, Jessica Diamondstone, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party . Jessica iamondstone, Esquire Grace D'Alo, Esquire MidPenn Legal Services 8 Irvine Row Carlisle, P A 17013 (717) 243.9400 Q s::.. ~T CiJr j' .~. tll~:' ~.~~: ~ ,..., ~ ~ ~ C. -l t (j' ." :J; - ~l ..-\ :'''C -n rnp." ~1;J ~ ~O .=.I-r; :1.1' ~:~ ('S :,,,')rn ~ ~ CT\ Distribution: Jessica Diamondstone. Esquire MidPenn Legal Services 8 Irvine Row Carlisle, PAl 7013 Brian Bornman. Esquire 200 North Hanover Street Carlisle, PA 17013 Jerry Philpott, Esquire 227 N. High Street P.O. Box 116 Duncannon, P A 17020 SHEILA NEWCOMB, : IN THE COURT OF COMMON PLEAS PlaintifflRespondent : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 03-2756 CML TERM MICHELLE McLAUGHLIN : IN CUSTODY Defendant/Petitioner PETITION FOR CONTEMPT AND MODIFICATION Petitioner, Michelle McLaughlin, by and through her counsel, MidPenn Legal Services, states the following: 1. Defendant/Petitioner, hereinafter referred to as Mother, resides at 202 Gull Court, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. PlaintifflRespondent, hereinafter referred to as Grandmother, resides at 2565 Bayberry Avenue, Stillwater, Minnesota. 3. The father oftbe child is James McLaughlin, hereinafter referred to as Father, and resides at 850 Windy Hill Road, Lot 19, Shermansdale, Perry County, Pennsylvania 17090. 4. The current Custody Order, attached as Exhibit "A" and incorporated herein by reference, is dated June 24,2003. The Order, in pertinent part, grants Grandmother and Mother shared legal custody. Grandmother has primary physical custody and Mother is to have periods ofvisitatiOD at times agreed upon by the parties, as well as time on holidays. Mother is also to have reasonable telephone and email contact with the child while she is in Grandmother's custody. 5. The June 24, 2003, Custody Order was entered upon agreement of Grandmother and Mother. Father was not notified of the decision to enter into the stipulation and agreement and did not participate in determining whether this custody arrangement was in Taylor's best interest. 6. On J'UIle 18, 2004, Father filed a Petition to Intervene and Modify Custody. That matter is still pending resolution as a result of Grandmother's Preliminary Objections asserting that Minnesota is the appropriate venue for this matter. 7. Grandmother has willfully disobeyed the Order in ways including, but not limited to, the following: a. Refusing to permit Mother to exercise any periods of visitation in accordance with the Order. Mother has not seen Taylor since she went to live with Grandmother in Minnesota in June 2003. b. Refusing to allow Mother to have reasonable telephone contact with Taylor. In the past year, Mother has spoken to Taylor less than six (6) times via telephone because either Grandmother answers the phone and does not put Taylor on the phone or Grandmother does not encourage Taylor to return messages that Mother leaves when she calls. c. Refusing to allow Mother to participate in any decisions about Taylor's well- being and making it impossible for Mother to exercise her legal custody rights. d. Allowing third parties, including the grandfather (step-grandfather?) to make negative and disparaging remarks about Mother in front of Taylor. 8. Grandmother is not acting in Taylor's best interest far reasons including, but not limited to, the following: a. Grandmother has willfully denied Mother periods of visitation with Taylor in ways set forth in paragraph five of this Petition for Contempt and Modification. b. Grandmother's continual alienation of Motber interferes with the appropriate and healthy mother/daughter relationship that is imperative to Taylor's ongoing emotional development and well-being. c. Grandmother's refusal to protect the child from hearing negative comments about her mother impedes the positive development of Taylor's opinions and emotional attachment to her mother. 9. Mother is the person who can best provide for Taylor for reasons including, but not limited to, the following: a. When the parties initially agreed to this custody arrangement, Mother intended it to be a short-term arrangement until she was able to re-establish herself and provide for Taylor. b. Mother resides in a three-bedroom home with her boyfriend, Jason Heckendorn. Mother has shared custody of her son, Christian and has partial custody of her daughter, Karl. Both of these children stay in the home during Mother's periods of custody. c. Mother bas a safe, stable home in which to raise Taylor and is able to provide for her mental, emotional, physical, and financial well-being. d. Mother has ongoing communication with Father, because of their custody arrangement with their daughter KarL Mother will facilitate the re- establishment of the father/daughter relationship between James McLaughlin and Taylor. Additionally, Mother's boyfriend is willing and able to act as a parental figure in Taylor's life. e. Taylor has a well-established relationship with her sister, Kari, and also has a younger half-brother who she has not yet met. It is important to Taylor's emotional development to have the opportunity to establish and nurture a relationship with her siblings. f Mother is the parent most capable of facilitating a relationship between Taylor and her grandmother and is willing to support and encourage that ongoing relationship. g. Without this Court's intervention, Taylor is at risk of being harmed from being denied contact with her mother. 9. Grandmother is represented by Attorney Brian Bornman, who does not concur with the relief requested in this petition. WHEREFORE, Mother respectfully requests the following: a. That this Court find Grandmother in contempt of the existing June 24, 2003, Court Order. b. That this matter be scheduled for a custody conciliation to establish tenns of a modified custody arrangement. c. That Grandmother immediately allow Mother to exercise her right to reasonable telephone contact with Taylor while she is still in Minnesota. d. Any other relief this Court fmds just and proper. Respectfully "'('do Jessica iamondstone, Esquire Groce D' Ala, Esquire Attorney for DefendantlPetitioner MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VERIFICATION The above-named DEFENDANT, Michelle Lynn MCLaughlin, verifies that the statements made in the above petition for Contempt and Modification are true and correct. Defendant understands that false statements herein are made subject to the penalties of 18 Pa. c.s. ~4904, relating to unsworn falsification to authorities. Date: II.~ 9'-09 l&tik-a "I#;/ fi C M;Chelle~n~M~a~hlin SHEILA NEWCOMB, : IN THE COURT OF COMMON PLEAS PlaintiffJRespondcnt : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 03-2756 CNIL TERM MICHELLE McLAUGHLlN : IN CUSTODY DefendantlPetitioner CERTIFICATE OF SERVICE I, Jessica Diamondstone, Esquire, of MidPenn Legal Services, attorney for the Defendant/Petitioner, Michelle McLaughlin, hereby certify that I have served a copy of the foregoing Petition for Contempt and Modification on the following date and in the manner indicated below: U.S. First Class Man. Postafe Pre-Paid Brian C. Bornman, Esquire 200 North Hanover Street Carlisle, P A 17013 Jerry Philpott, Esquire 227 N. High Street P.O. Box 116 Duncannon, P A 17020 Date: 10, ~ ~ OL.J Jess' a Diamondstone, Esquire 8 Irvine Row Carlisle, Pennsylvania 17013 (717) 243-9400 t....:) ~ () C::) <-::::> !~: ...- ::t ~ ,:->. C) - .". , .\'. .' ,,, ('., mM', --I i " I J3,? " ; .', C"l ~~(;.) " " ! "C _3 I'~ .. ~ ;:) "'- :", .. -, .j;'M ..... ~>~ - ~~ ~ .. ~ ;< --..J SHEILA NEWCOMB PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 03-2756 CIVIL ACTION LAW MlCHELLE MCLAUGHLIN DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, October 14, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear beforeJa~q\leline M. Verney, Esq. . the conciliator, at 4th Floor, Cumberland County Courthouse, CarUsle on Thursday, November 04, 2004 at 8;30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. AU children a~e five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary OT permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearin)!. FOR THE COURT. By: Is! Jttcqueline M, Verney) F.(q. Custody Conciliator mho The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE TIllS PAPER TO YOUR AITORNEY AT ONCE. IF YOU DO NOT HAVE AN A TIORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND our WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 · ~ ~ Ir' ~ ,........i""t ~ A<? $/ QI ~ -fj2;P/o ~ ~ $ ""V ~.,w ~ M;I. cY '5 7 ~ ~ ~ ~ ,hCl.N-a( ,/". , /:\-'" '~.';' : ~<,,:..- i )'J~,!~~. "~'. P'"'.'..:~':- ." ,t:'.,;0:) r' '")" J n I J ''If'lltPIl2 C) '1 :(, ;.~l/ Ij .~..~~ wU .;,.H i.' (,~~.:::;';~;:~~.[;: '11 ;1:) SHEILA NEWCOMB, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION LAW : No. 03-2756 Civil term MICHELLE McLAUGHLIN, Defendant : IN CUSTODY STIPULATION REGARDING CUSTODY- VISITATION Plaintiff, Sheila Newcomb, hereinafter referenced as Grandmother, and Defendant, Michelle McLaughlin, hereinafter referenced as Mother, hereby agree to the following terms in a Court Order defining custody and partial custody rights and responsibilities in relation to Taylor McLaughlin, born September 15, 1995, hereinafter referenced as Child: I, Mother and Grandmother will share legal custody of the Child as defined in 23 Pa, C.S.A. ~ 5302. All decisions affecting the Child's growth and development, including but not limited to medical treatment, education, and religious training, are major decisions which Grandmother and Mother shall make jointly after discussion and consultation with each other, 2. As provided in 23 Pa. C.S.A. ~ 5309 (a), each parent shall have full and complete access to the Child's mental, dental, religious and school records. This includes the name, addresses and telephone numbers of all medical and other providers. 3. Grandmother shall have primary physical custody of Child subject to periods of visitation with the Mother as the parties may mutually agree upon. 4. Grandmother and Mother shall mutually agree upon the holidays. 5. The parties shall have reasonable telephone and email contact with the Child while the Child is in the other's custody. 6. Neither party shall make any disparaging remarks regarding the other party in the presence of the Child. Additionally, neither party shall permit third persons to make disparaging remarks concerning the other party in the presence of the Child. 7. Any modification or waiver of any of the provisions of the agreement of the parties shall be effective only if made in writing and only if executed with the same formality of the agreement of the parties, 8. The parties hereto acknowledge that they have had the opportunity to consult an attorney prior to executing this agreement. Grandmother's attorney is Michael 1. Whare, Esquire. If Mother does not seek the advice of an attorney, she does so knowingly and voluntarily. 9. The parties hereto agree that this agreement shall be recorded and incorporated into an Order enforceable by the Court. Consented to: ~~~(lo.,)J Sheila Newcomb JVl ~ I) l-v/t.. Michael J. Whare, Esq~e 10- d.D-O.3 Date ~ ~;; 0 ....05' Date ~;h/b Y' $<,~<j c" Michelle McLaughlin Lh1~' Q, 6i~ Witness & -/~ -GJ3 Date ~ ~ ,It... - oJ Date 0 C;) 9. ~ w c..... ~UJ c:: :::1 ft; ~ .,l:n ~.I r-- i&~- N "om J..:;' C;) '"''5 ;St; <'5 :;::. " ::.r( _ .',- -r ~o ::l:: giJ ~o 'c c- .;Z: ;g ~ c.., -< SHEILA NEWCOMB, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION LAW : No. 03-2756 Civil term MICHELLE McLAUGHLIN, Defendant : IN CUSTODY ORDER AND NOW, this 21Ji. day of - -1lVU. ,2003, in consideration of the attached Stipulation Regarding Custody and Visitation, it is hereby ordered that: I. Mother and Grandmother will share legal custody of the Child as defined in 23 Pa. C.SA ~ 5302. All decisions affecting the Child's growth and development, including but not limited to medical treatment, education, and religious training, are major decisions which Grandmother and Mother shall make jointly after discussion and consultation with each other. 2. As provided in 23 Pa. C,SA ~ 5309 (a), each parent shall have full and complete access to the Child's mental, dental, religious and school records. This includes the name, addresses and telephone numbers of all medical and other providers. 3. Grandmother shall have primary physical custody of Child subject to periods of visitation with the Mother as the parties may mutually agree upon. 4. Grandmother and Mother shall mutually agree upon the holidays. t '/, . VlNv'Al),sNtBd )J.NnOJ C)!,n'i:::EJ9wno J 'I :8 ~V Sc Nnr CO AW1ONo''iLCu,J :Ii-Il :/0 30/:1..:10-0311::1 5. The parties shall have reasonable telephone and email contact with the Child while the Child is in the other's custody. 6. Neither party shall make any disparaging remarks regarding the other party in the presence of the Child. Additionally, neither party shall permit third persons to make disparaging remarks concerning the other party in the presence of the Child. 7. Any modification or waiver of any of the provisions of the agreement of the parties shall be effective only if made in writing and only if executed with the same fonnality of the agreement of the parties. BY THE COURT: ( 1. ~-dS-03 ~~'t: ~~ JAMES McLAUGHLIN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v, : CIVIL ACTION - LAW MICHELLE McLAUGHLIN and SHEILA NEWCOMB, Defendants : NO, 03-2756 CIVIL TERM : IN CUSTODY PRELIMINARY OBJECTIONS OF DEFENDANT TO FATHER'S PETITION AND NOW, comes Defendant, Sheila Newcomb, by and through her attorney, Brian C. Bornman, Esquire, and the law firm of Griffie & Associates, and files these Preliminary Objections to Father's Petition to Intervene and to Modity Custody and in furtherance thereof states as follows: I. Father, James McLaughlin, (hereinafter referred to as "Father") and Defendant, Michelle McLaughlin (hereinafter referred to as "Mother") are the natural parents of one minor child, namely, Taylor McLaughlin, born September 15, 1995, (hereinafter referred to as "Child"), 2, Defendant, Sheila Newcomb (hereinafter referred to as "Grandmother") who resides at 2565 Bayberry Avenue, Stillwater, Minnesota, is the maternal grandmother of Child, 3, By Order of Court dated June 24, 2003, Grandmother was granted primary physical custody, A copy of this Order is attached hereto and incorporated herein by reference as Exhibit "A." 4, Grandmother has been the exclusive caregiver for Child from the date of the above-mentioned Order until present. 5. Father has been essentially uninvolved with the child from the time she was one and one-half years old to present. 6. It is believed and, therefore, averred that Father is not the biological father of Child, 7. Throughout Child's life, Father never paid child support or provided any other financial support for the child, 8, From mid-1997 until June 2003, the child was in the sole custody of Mother, 9. Father did not exercise regular periods of custody throughout the time period mentioned in paragraph 8, 10. From the date of the entry of the Order granting Grandmother custody of the child on June 24, 2003, to present, Father has not had any contact with the child, 11, For the past year, the child has attended school in Minnesota. 12, All witnesses to this custody action would be located in Minnesota, These includes Child's physician, the child's teachers, the child's custodians and caregivers and other witnesses who would have !information concerning the child, 13, Early in 2004, maternal grandparents filed for a state program in Minnesota which would allow the child to receive financial assistance for food and monthly expenses as well as health insurance, 14, It was the maternal grandparents intentions to put the money referred to in Paragraph 13 in an account for Child so that it would be available for college expenses later in life, 15. As a result of maternal grandparents filing for assistance in the State of Minnesota, the child support division in Minnesota brought an action against the parents for child support, 16, Only after Father was sued for child support by the State of Minnesota, did he file a Petition to Intervene and to Modify Custody, a copy of which is attached hereto and incorporated herein by reference as Exhibit "B," 17. On June 30, 2004, an Order of Court was ente[l~d scheduling a conciliation before Jacqueline M, Verney, Esquire, for Wednesday, July 28, 2004, at 1:30 p,m" a copy of which is attached hereto and incorporated herein by reference as Exhibit "C." 18, A copy of the Order of Court dated June 24, 2003, from the Court of Common Pleas of Cumberland County, Pennsylvania, granting Grandmother custody of the child was filed with the Washington County DJistrict Court, 10th Judicial District of Minnesota, docketed to number 82FX04004503. 19, Pursuant to the Uniform Child Custody Jurisdiction Act 23 Pa,C,S, S5341 et seq, this Court should not exercise jurisdiction in this matter, This Commonwealth is not the home state of the child and proper jurisdiction of any custody issues involving the child should lie in Minnesota, WHEREFORE, Defendant/Grandmother, Sheila Newcomb, requests that your Honorable Court dismiss Father's Petition to Intervene and Modify Custody, to issues declaratory judgment that the proper venue for any such custody proceedings should be in Minnesota, and to stay it's Order of Court for June 30, 2004, ordering a custody conciliation for July 28, 2004, Respectfully submitted, ~(~~? Brian C, Bornman, Esquire Attorney for Defendant, Sheila Newcomb GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 --- VERIFICATION I, Brian C, Bornman, Esquire, counsel for Sheila Newcomb, hereby swear and affirm that the facts set forth in this document are true and correct to the best of my knowledge, information, and belief, I have sufficient knowledge or information and belief as to the averments stated in these pleadings, based upon my personal knowledge and information obtained from my client. This statement is made subject to the penalties of 18 Pa.C,S, 94904 relating to unsworn falsification to authorities, Date: ?~c? ?-cJ Y' -;;3tt~<' /d ~ ~_ l_",r' Brian C, Bornman, Esquire 07/21/2004 08:45 5513510200 f t#. VALLEY REALTY f /,; &1}1/ PAGE 07 JUN 2 3 ZOO3 f1 -'rA SHEILA NEWCOMB, PI8intiff' ; IN THE COURT O'F COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : CIVIL ACTION LAW : No. 03-27S6 Civil term MlCHEl.LE McLAUGHLIN, DefeadIDt : IN CUSTODY ORDER ANDNO\V.lIU J{i-+{ day of -- Jl.W.L- - .2003, in consideration of tile attIChed Stipulation llegardins Custody and Visitation, it is hereby otderedtblt:" . ~. .: . ....' . '.. . 1. Mother and Grancltnocber wiD ,hare lepl custody of W, Child as defined in 23 Pa, C,S,A. 15302. AD dcciJicma ~illB the CbilcI's srowtb and devl~opment. incIudins but not limited to medical trcatmellt, ciduc:ation, and religious trainina. are Imajor decisions whioh GnlfIIfmother IIIlI MlItb... ....8bjoinfty atbr diFo-1)D and lXlnsultation with eech other. 2. As provided in 23 Pa, C,S.A. f 5309 (a), eaoh parent shall have full and complete Icc:eM to the CbilcI', mental, deDtaI. reJisicxg and 1ObooI. recorda. 'Ibis includes the -. addreales IIld telephone numbers of all medical and other providei'll, 3, Grandmotba IbaIl have prUn.y physical OUItody of Child aubjec:t to periods of visitation With the Mother IS the parties may mutually earcc upon, . 4; Gtandmother and Mother shall mutlWly agree upon the :holiclays. EXHIBIT I !\ B7/21/2BB4 BB:45 651351B2BB VALLEY REALTY PAGE BB .. ; . -, S. The parties shall have reasonable telllphone IIId ernail (;4)ntac:t with the Child while the Child is in tho othr:t'. c:wtocly. 6. Neither party sballltIIke lilY disparaaing remarks "'8ullling the other party in the sw- of tho Qi1d. AdditioaII1y, 1lCither party IbIlI permit tbirll penoIlS to nWce dispInsiDa remarks concemlng the other party in the presence of the Child. 7, AIry modilicIliOJl or wmver of Illy of the provisiOlll of Ithe ........ of the parties shall be eft'ective only if made in writing IIId only if executed with the same formality of the a~ of tho parties, BY TIlE COUllT: 1St JJ J4' 1. ""...IE coPY .-..ou MXlna ~., '........11 wllIJIIlf. .....IIllII.1IIr UiI . !if_ III CIII.- H~ 'J: _ (J~ ;, , 07/21/2004 06:45 6513510200 VALLEY REAL TV PAGE 09 .4 '. -- j . . i O~ MlOlELLE Mc:LAUGHLIN. ~ ~ ~ ~;V J>e&-I- : IN CUSTODY ~~ ~ ~m . S11PIJLADON...r..ARnINCCU.ODY-VISlTADON;,::~ ~ ~i PImnIift Sheila Newcomb, b.. - ~~Iet ...........cI as Grmholber.1IIlI = is :. ~ . ~c.. ::;f Michelle McLauPJin, hereinafter referenced as Mother. hereby lIJp'ee to the following terms in a v, : IN THE COURT OF COMMON PLEAS OF : CUMBEIU.AND(=OUNTV. PENNSYLVANIA : CIm ACTION LAW : No. 03-2756 CivilleIm SHEILA NEWCOMB. PIlintiff Court Order de6nins custody and putiaI cuatody rights and respc:lII5ibilitiel in relation to Taylor McLaughlin, born Sepcember 15, 1995, hereiIIeftet referenced as Cbild: I, Mother and Grandmother will shire 1ep1 custody of tlile Cbild as defined in 23 Pa, C.S.A t 5302. AJI decisions Ifl'ecting the Child'. srowth and cle've1opnlCllt, incIucIiJIs but not limited to medical treatment, education, IIld religious tl'1ining, lIRi major decisions which GnncImother and Mother shlllllllke joindy efter di"".mon and c:ollJllltation with each other, 2, As prcMdod in 23 P.. C,S,A f 5309 (a), each parenlsbaD have full and complete access to the Chlld's mental, denial, religious U1d school n=c:ords. TIis includ.. the 1IIlDO, '. addreues IIld telephone IIIIIIlben of all medicalllld other providers. 3. GraacImocher sbalI have primary pbysical cuatody of Child ..bjec:t to periods of visitldion with the Mother as the parties may mutually agree upon.. 4. Grandmother IIId Mother shaJlllRltuaDy aaree upon tbl~ holidays, 5, The parties sbalI have reasonable telephone and email contact with the Child whlIe the Child is in the other's ClIItody. ___~JI21/2~~4 a8:45 651351a2~8 VALLEY REAL'rV PAGE 18 ., " -; 6. Neilhor puty shall anake any dUpmsina remarlcs regardill8 the other puty ill the presence of tile Child. Additiollll1y, neither pertyslW1 penuit third penoIIS 10 lIIIke disparqina remarks c:oooerniq the other pitt)' in lhe preRnCe of the Child. 7. Any modification or waiver of any of the provisions (If the agreement of the pll'tiea shall be eJfective OIIIy if DIldo in writing lIIId only if executed with the same formeIily of tile apement of the parties. S. The p.nies horeto adcnowledse tballbey have had Ille opportunity 10 c:oasult an attorney prior to f:ltOCUtiDa this ...-meal, Grandmother's attome)' b Michlell Wbare, EIqUire, If Mother does not seek the advice of 1n.IIlOmey, she does so blowinsJy and volunllrily. 9. The parties hereto asree that this asreeman shall be l:ecorded and incorpomed into In Order enforceable by the Court, Colllellted to: ~.-o__~a...\~ SbeiIa NewCOdIb ~~~ J.;ft. ~- ;).D-O.3 Date _u -,;)O"C>:J' Date ~~l'~~"ij/' ..6t~~ a. 6i.{ WaulCSS & -/t:., -as DIIe ---'~ -/4 - oJ Dattl 07/21/2004 08:45 6513510208 VALLEY REALTY PAGE 03 I;': : t~~'i~,~~:. . . ~',' JAMES MCLAUGHLIN, Petitioner IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 03.2756 MICHELLE MCLAUGHLIN'and SHEILA NEWCOMB Respondents CfVIL ACTION - LA W IN CUSTODY PETITION TO INTERVENE AND TO MODIFY CUSTODY T" th~ Honorabl~ Judges of said Court: Pelllion~r. James McLaughlin, by his anomey, Jerry A. Philpon. Esquire. tiles Ihis petition and respectfully represents the following: I I. Petitioner is James McLaughlin. whu r~sidc$ at !ISO Windy Hill Road, Lot j 9. Shn111"nsdai~. ;>en)' Cuunty. PA 17090. , Respondent (mother) is Michelle Mclaughlin. who resides al 202 Gull Coun, " Mechancisburg, PA 17055. 3. Respondent (erandrnother) is Sheila Newcomb. who resides at 2565 Bayberry Avenue, Stillwater. MN 550S2, 4. On June 24, 2003, the Honorable J. Wesley Oler, Jr... entered a custody order, a copy of which is attached as Exhibit A. granting respondents (mother and maternal grandmother) shared legal custody and respondent grandmother primary physical custody. No mention was made of a father. 5 Although petilioner may not be the biological father of Taylor McLaughlin, he is on the birth cenificate as the father, was in loco parentis to Taylor for the first two yeat'$ of her life, had resular and repeated and at times prolOll&ed custody of Taylor thereafter until the JIUlC 24 . 2003 order, and bas primary custody of Taylor's siSler. I EXHIBIT @) I 07/21/2004 08:45 6513510200 VAlLEY REAl TV PAGE 04 '. ..~.;'. ,.,-" 6. Petitioner had no knowledge of the enlt)' the order ill this case (Exhibit A) at the time it was entered. In fact, he had arranged for Taylor to spend the weekend with her sister and only learned after the entl)' of the order that Taylor had gone to live wjth her grandmother in Minnesota. 7 Petitioner did not have any idea that he might have ,lilY custodial rights in the maller Although he had had sexual access to respondent mother near the lime of conception and might be the biological father of Taylor, he had been told he was not the biological father, although 10 his knowledge no blood teslS have ever been done. He had nevertheless married respondent mother. allowed her to list him as the father on the binh cenificate. and had raised Taylor as h,s own chi 10 "'hM th.,)' .resided together. After lhey sepal'llted, he ohtained "usted)' of her sister, Kari. \\'11<' I r">ldes \I ilh hi 111 10 Perry ('ounty. but assumect he had no legal rig.hts with re!;ard 10 Taylor S When respondenl grandmClther filed forsuPf>Ort a~"i"sl him in Millllesn'u. p'~litil.)Il"" consulted with counsel ano lcarned for the firsl time thai biological parenlhood is not a prcrequlSlte' l(l custodial nghts. 9 Since the enll)' of Exhibit A, the fOllowing substanlial circumstances and facts ha' " .:hanged, gIving rise to this petition: Petitioner has ieamed ,hat he may ha\. cllstodial ngllts allO '1;,> been unable to get grandmother's cooperation in even arranging visits berween lhe two sisters. Th.:: are allo"'ed to write to each other, but not to visit. I'). As a result orthe foregoing, the existing provisions regarding custody are no longer 10 the best interest and welfare oftlle child, II. The best interests and welfare of the child will beptromoted by a modification orlhe present custody arrangements for the above reasons. WHEREFORE, your petitioner respectfully prays that this Honorable Court modify the custody as follows: pennit petitioner to intervene and grant him pdmary custody so that Taylor car. .'-~~~'f.iiK:':;l..'.:"';'.... r ,~~;; -. ~:";"';.1"\' -~:~::.ft"" 07/21/2004 08:45 6513510200 .....-.. VALLEV REAL 1Y PAGE 05 be raislld in the same home with her sister. Respoudenl mother can have partial custody rigbts JUSt like sbe now enjoys with regard to Karl, end respoudcnt grandmolber may also have reasonable partial custody and visitlltion rights. Dated: June 18, 2004 ........':...:...,,:,.:, 07/21/2004 08:45 , .' 6513510200 VALLEY REALTY PAGE 66 I verify that the statements made in this Petition to interVene IUld to Modify Custody ue true and correct, I uodemaad that false statemeIIIS herein ue made subject to the peoalties of 18 Pa. C S, ~4904 relating to _OlD falsification to authorities. Q~~ ~ -;;;;; McLaughlin PetitiollCl' 07/21/2004 08:45 6513510200 VALLEV REAL TV PAGE 02 JAMBS MCLAUGHLIN PLAINTJFF IN THE COURT OF COMMON PLEAS OF CI,.IMIlERLAND COUNTY. PENNSYLVANiA v. 03.2156 CIVIL ACTION .LAW MICHELLE MCLAUGHLIN AND SHEILA NEWCOMB IN CUSTODY DEFENDANT ORDF..R OF COLRT AND NOW, We4nnday. Junt38,1004 ,upnn considor-.lion of the allached Compl"ult, it is hereby direcled Ihal panics and Iheir respective cnunsel "llpellr betoreJao;g,uellntM. Verney,E,!I:._, rhe condlialor, al 4th FlaGr, CUmberland C"..." Courtll.u.., Carlisle on Wednetday. July ZI, 2004 at 1:30 rM for a Pre-Hearing Custody Conference, AI such conference. "n clfon will be made to resolve the issues in dispute: or if this cannot be accompllsheil. tn detine and narrow the iSRIl" 10 be hcard by the court, and to enter imo a teml'orary order. All children 3~ the nr 'llder may also be present al the conlerencc. Failure 10 appear at \"" conference ",uv r>rovidc grounds for enlry Ill' a temporary or ~anent order. The court h_rolly directs tll. p:lrttcs tn farnish 'ID)' and all cxisting I'roleclion from !\bu~e order" Spedal ReU_r urders. and CuslOdy orders lu rb. cuncilialnr 4S hUllrs prior' 10 ..,heduled b...rln~, FOR THE COIJRT. By: Isl Ttlt;flue/ine M, v..~)'. Esq ('Llstndy ('nncilialor mOC The Coun of Common Pleas of CumbC'l'land County is required by law to comply with rhe Americans with Oisabililes Act or' 1990. For information about acc..sibl,. faciliti". and roasonable accommodations avai1abk 10 disabled individuals having business before Ihe coun. please contact our ollice. 1\11 arrmgrments must be made alleast 72 hours prior to any hearillg or business befOre the court. You must attend the scheduled conference or bearing, YOU SHOULD TAKE nus PAPER TO YOUR A TIORNEY AT ONCE. IF yat; DO NOT HAVE AN A TIORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OllT WHERE YOU CAN GET LEGAL HEIl.P. Cumb."land County a.r Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (711) 249.31~j TRIJE COP'Y ..ROM RECORD In 1..timor1'/ wherEDl, I here unto set my hind and the seai of said Court at Carlisle, Pi. Thill ..,,.,l.(2,...,.. day of.g--">.I.h..," ~--i'" ~~......#.:...~-~~.. --"-""'7' Prolhonotlry EXHIBIT I C/ JAMES McLAUGHLIN, Father : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : CIVIL ACTION - LAW MICHELLE McLAUGHLIN and SHEILA NEWCOMB, Defendants : NO, 03-2756 CIVIL TERM : IN CUSTODY CERTIFICATE OF SERVICE I, Brian C. Bornman, Esquire, hereby certify that I did, the ~ay of July, 2004, cause a filed copy of Defendant, Sheila Newcomb's Preliminary Objections to be served upon the following individuals at the following addresses and/or fax number Jerry A. Philpott, Esquin, P,O, Box 116 Duncannon, P A 17020 (717) 834-5437 Michelle McLaughlin 202 Gull Court Mechanicsburg, P A 17055 DATE: ?- :J_7~ ~e;~~ Br~, Bornman, Esquire Attorney for Defendant Sheila Newcomb GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle:, P A 17013 (717)243-5551 (800)347-5552 o JAMES MCLAUGHLIN, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 03-2756 CIVIL TERM MICHELLE MCLAUGHLIN and SHEILA NEWCOMB, Defendants : IN CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE To Curtis R. Long, Prothonotary: Please enter my appearance on behalf of the Defendant, Michelle McLaughlin, in the above captioned case, Respectfully submitted, ~ Jessica Diamondstone, Esquire MidPenn Legal Services 8 Irvine Row Carlisle, PAl 70 I3 (717) 243-9400 Date: y/;/!o '/ JAMES MCLAUGHLIN, Plaintiff, : IN THE COURT OF lCOMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 03-2756 CIVIL TERM MICHELLE MCLAUGHLIN and SHEILA NEWCOMB, Defendants : IN CUSTODY CERTIFICATE OF SERVICE I, Jessica Diamondstone, Esquire, ofMidPenn Legal Services, attorney for the Defendant, Michelle McLaughlin, hereby certify that I have served a copy of the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following date and in the manner indicated below: D.S, First Class Mail. Postage Pre-Paid Jerry A. Philpott, Esquire 227 No, High Street P,O, Box 116 Duncannon, P A 17020 Brian C, Bornman, Esquire 200 North Hanover Street Carlisle, P A 17013 MidPenn Legal Services, Inc, Date: 0- /,, Jot ~ Jessica Diamondstone, Esquire MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 ~ ~ Cj C~;j "T/ J.;,.~ ~t:1> (,:,:: GO) C..::J c~~ SHEILA NEWCOMB, PlaintifflRespondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v, CIVIL ACTION - LAW MICHELLE McLAUGHLIN, Defendant/Petitioner : NO, 03-2756 CIVIL TERM : IN CUSTODY PRELIMINARY OBJECTIONS OF PLAINTIFFIRESPONDENT TO PETITION ]~OR CONTEMPT AND MODIFICATION OF DEFENDANT/PETITIONER AND NOW, comes Defendant, Sheila Newcomb, by and through her attorney, Brian C, Bornman, Esquire, and the law firm of Griffie & Associates, and files these Preliminary Objections to DefendantlPetitioner's Petition to Intervene and to ModifY Custody and in furtherance thereof states as follows: 1. Father, James McLaughlin, (hereinafter referred to as "Father") and Defendant, Michelle McLaughlin (hereinafter referred to as "Mother") are the natural parents of one minor child, namely, Taylor McLaughlin, born September 15, 1995, (hereinafter referred to as "Child"), 2. Respondent, Sheila Newcomb (hereinafter ref(:rred to as "Grandmother") who resides at 2565 Bayberry Avenue, Stillwater, Minnesota, is the maternal grandmother of Child, 3, By Order of Court dated June 24, 2003, Grandmother was granted primary physical custody, A copy of this Order is attached hereto and incorporated herein by reference as Exhibit "A," 4, Grandmother has been the exclusive caregiver for Child from the date of the above-mentioned Order until present. 5. Petitioner calls child very infrequently and Respondent has never prohibited Petitioner from speaking to child if child was awake, 6, From the date of the entry of the Order granting Grandmother custody of the child on June 24, 2003, to present, Petitioner has not had any visitation with the child, despite being invited on numerous occassions, 7. For the past year and continuing this year, the child has attended school in Minnesota, 8, All witnesses to this custody action would be 101~ated in Minnesota. These include the child's physician, the child's teachers, the child's custodians and caregivers and other witnesses who would have information concerning the child, 9, Early in 2004, maternal grandparents filed for a state program in Minnesota which would allow the child to receive financial assistance for food and monthly expenses as well as health insurance. 10, It was the maternal grandparents intentions to put the money referred to III Paragraph 9 in an account for Child so that it would be available for college expenses later in life. 11. As a result of maternal grandparents filing for assistance in the State of Minnesota, the child support division in Minnesota brought an action against the parents for child support. 12, Only after the Natural Mother and Father were sued for child support by the State of Minnesota, did Petitioner file a Petition for Contempt and to Modify, a copy of which is attached hereto and incorporated herein by reference as Exhibit "B," 13, On October 14, 2004, an Order of Court was entered scheduling a conciliation before Jacqueline M, Verney, Esquire, for Thursday, November 4,2004, at 8:30 a.m" a copy of which is attached hereto and incorporated herein by reference as Exhibit "c," 14, A copy of the Order of Court dated June 24, 2003, from the Court of Common Pleas of Cumberland County, Pennsylvania, granting Grandmother custody of the child was filed with the Washington County District Court, 10th Judicial District of Minnesota, docketed to number 82FX04004503, 15, At the time the custody order was filed in Minnesota, the Minnesota court assigned the matter to a judge to deal with custody issues, Further, notice was sent out to Petitioner that the court in Minnesota intended to retain jurisdiction any party objected within twenty days of the date of the notice, No party registered any objections with the court, A copy of the above mentioned Order is attached hereto and incorporated herein by refer<ence as Exhibit "D", 16. Pursuant to the Uniform Child Custody Jurisdiction Act 23 Pa.C,S. 95341 et seq, this Court should not exercise jurisdiction in thlis matter, This Commonwealth is not the home state of the child and proper jurisdiction of any custody issues involving the child should lie in Minnesota, 17, As Petitioner took no action to challenge the registration of the Order in the Minnesota Court, therefore, Petitioner should be precluded from challenging the Minnesota Court's jurisdiction at this time and from asserting that Pennsylvania is the proper venue to resolve these custody matters, WHEREFORE, Defendant/Grandmother, Sheila Newcomb, requests that your Honorable Court dismiss Father's Petition to Intervene and ModifY Custody, to issues declaratory judgment that the proper venue for any such custody proceedings should be in Minnesota, and to stay it's Order of Court for October 14, 2004, ordering a custody conciliation for November 4,2004. Respectfully submitted, c/ ~e~~. Brian C, Bornman, Esquire Attorney for PlaintijJ7Respondent, Sheila Newcomb GRIFFIE & ASSOCIATES 200 North Hanove:r Street Carlisle, P A 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I, Brian C. Bornman, Esquire, counsel for Sheila Newcomb, hereby swear and affirm that the facts set forth in this document are true and correct to the b'~st of my knowledge, information, and belief, I have sufficient knowledge or information and b~lief as to the averments stated in these pleadings, based upon my personal knowledge and information obtained from my client. This statement is made subject to the penalties of 18 Pa,C,S. 94904 relating to unsworn falsification to authorities, Date: /0 -;;6 -0 f ~r~ ~( , ~~~.- Brian C, Bornman, Esquire JAMES McLAUGHLIN, Father : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : CIVIL ACTION - LAW MICHELLE McLAUGHLIN and SHEILA NEWCOMB, Defendants : NO, 03-2756 CIVIL TERM : IN CUSTODY CERTIFICATE OF SERVICE I, Brian C, Bornman, Esquire, hereby certify that I did, the.76ts day of October, 2004, cause a filed copy of Defendant, Sheila Newcomb's Preliminary Objections to be served upon the following individuals at the following addresses and/or fax number Jerry A. Philpott, Esquire P,O, Box 116 Duncannon, P A 17020 (717) 834-5437 Jessica Diamondstone, Esquire MidPenn Legal Services 8 Irvine Road Carlisle, PA 17013 DATE: /(}-!Jt -0)1' ~'e~ Brian C, Bornman, Esquire Attorney filr Defendant Sheila Newcomb GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 10/26/2004 10:37 6513510200 NEWCOMB REAL ESTATE PAGE 04 , SHEILA NEWCOMB, Plaintiff : IN TIIE COURT OiF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYL V ANIA v. : CIVIL ACTION LAW : No. 03-2756 Civil te,rm C-.I~ ~~. Uj)) . fI\e'~ ~ : IN CUSTODY f W~\SlR\C1 COIll'.l L , 2 3 1.\){l4 E L JUL OL\l.ERS 0 e CtiRISl /I. . AATOR ORDER 0 COil OeputY B~ MICHELLE McLAUGID.lN. Defendant AND NOW, this 'Z~lL day of ::r~ ,2003, in consideration of the anached Stipulation Regarding Custody and Visitation, it is hereby ordered that: I. Mother and Grandmother will share legal custody of the Child as defined in 23 Pa. C,S,A. ~ 5302. All decisions atrecting the Child's growth and devellJpment, including but not limited to medical treatment, education, and religious training, are major decisions which Grandmother and Mother shall make jointly after discussion and consultation with each other. 2. As provided in 23 Pa. C.SA ~ 5309 (a), each parent shall have full and complete access to the Child's mental, dental, religious and school records. l11is includes the ll8Il1e, addresses and telephone numbers of all medical and other providers 3. Grandmother shall have primary physical custody of Child subject to periods of visitation with the Mother as the parties may mutually agree upon, 4, Grandmother and Mother shall mutually agree upon the holidays, EXHIBIT I A 10/25/2004 10:37 5513510200 NEWCOMB REAL ESTATE PAGE 05 i 5. The parties shall have reasonable telephone and email c;ontact with the Child while the Child is in the other's custody. 6. Neither party shall make any disparaging remarks regarding the other party in the presence of the Child, Additionally, neither party shall pennit third persons to make disparaging remarks concerning the other party in the presence of the Child. 7. Any modification or waiver of lilY of the provisions of Ilhe agreemem of the parties shall be effective only if made in writing and only if executed with the same formality of the agreement of the parties. BY THE COURT: I J (P-clS/03 ~ ~ t: ~~ mlJE COPY FROM .RECORD In Testimony wnare<!f. I here unto ~ my hand ~ncIlhe seal 01 said c~ Car. lisle, Pa, This :1:j;;;' j~t ~p;' ~ ~ Protllon~ 10/25/2004 10:37 5513510200 NEWCOMB REAL. ESTATE PAGE 05 SHEILA NEWCOMB, Plaintiff · IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION LAW : No 03-2756 Civil tenn MICHEll.E McLAUGHLIN, Defendant : IN CUSTODY STIPULATION REGARDING CUSTODY- VISITATION Plaintiff, Sheila Newcomb, hereinafter referenced as Grandmother, and Defendant, Michelle McLaughlin, hereinafll,r referenced as Mother, hereby agree to the following terms in a Coun Order defining custody and partial custody rights and responsibilities in relation to Taylor McLaughlin, born September IS, ] 995. hereinafter referenced as Child: I. Mother and Grandmother will share legal custody of th,~ Child as defined in 23 Pa. CS.A. 9 5302. All decisions affecting the Child's growth and development, including but not limited to medical treatment, education, and religious training, are major decisions which Grandmother and Mother shall make jointly after discussion and cClOsultation with each other, 2. As provided in 23 Pa. C.S.A, 9 5309 (a), each parent shllll have full and complete access to the Child's mental, dental, religious and school records. This includes the name, addresses and telephone numbers of all medical and other provide",. 3. Grandmother shall have primary physical custody of Child subject to periods of visitation with the Mother as the parties may mutually agree upon. 4. Grandmother and Mother sha.ll mutually agree upon the holidays. 5. The parties shall have reasonable telephone and email COlllact with the Child while the Child is in the other's custody. 10(25(2004 10:37 5513510200 NEWCOMB REAL ESTATE PAGE 07 , 6. Neither party shall make any disparaging remarks regarding the otber party in the presence of the Child. Additionally, neither party shall permit third persons to make disparaging remarks coocerning tbe other party in the presence of the Child. 7. Any modification or waiver of any of the provisions of the agreemem of the parties shall be effective only if made in writing and only if executed with the same formality of the agreement of the parties, 8. The parties hereto acknowledge that they have had the opportunity to consult an attorney prior to executing this agreement. Grandmother's attorney is Micbael1. Whare, Esquire. If Mother does not seek the advice of an attorney, she does so !clowingly and voluntarily, 9. The parties hereto agree that this agreement shall be fI~corded and incorporated into an Order enforceable by the Court. Consented to: ~:Q,-r4r7I..)J Sheila Newcomb ;11 ~ I} IvA Michael 1. While, Esqllife Ie - do D- 0.3 Date (~ -;;0...05' Date ~;4-~qr~<)/' Michelle M in ..61~~. Q. 0A- Witn'~5S &, '/rj, -tJJ Date -.1.: ~ /' c.. - 00 Date SHEILA NEWCOMB, : IN THE COURT OF COMMON PLEAS Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO, 03-2756 CNIL TERM MICHELLE McLAUGHLIN : IN CUSTODY Defendant/Petitioner ORDER OF COURT AND NOW, this _ day of ,2004, upon consideration of the Petition for Contempt and Modification, the following Order is entered: I. This Court finds PlaintifflRespondent in contempt ofthe June 24, 2003, Custody Order. 2. This matter is scheduled for conciliation before on ,2004, at_:__,m, 3, Defendant/Petitioner shall have reasonable telephone contact with the child. By the COlli-t, J. EXHIBIT j b Distribution: Jessica Diamondstone, Esquire MidPenn Legal Services 8 Irvine Row Carlisle, P A 17013 Brian Bornman, Esquire 200 North Hanover Street Carlisle, PA 17013 Jerry Philpott, Esquire 227 N. High Street P,O. Box 116 Duncannon, P A 17020 SHEILA NEWCOMB, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 03-2756 CNIL TERM MICHELLE McLAUGHLIN IN CUSTODY Defendant/Petitioner PETITION FOR CONTEMPT AND MODIFICATION c".,-, Petitioner, Michelle McLaughlin, by and through her counsel, MidPenn Legal Services, states the following: ], Defendant/Petitioner, hereinafter referred to as Mother, resides at 202 Gull Court, Mechanicsburg, Cumberland County, Pennsylvania ]7055, 2. P]aintifflRespondent, hereinafter referred to as Grandmother, resides at 2565 Bayberry Avenue, Stillwater, Minnesota. 3. The father of the child is James McLaughlin, hereinafter referred to as Father, and resides at 850 Windy Hill Road, Lot ]9, Shermansdale:, Perry County, Pennsylvania ]7090. 4. The current Custody Order, attached as Exhibit "A" and incorporated herein by reference, is dated June 24, 2003. The Order, in pertinent part, grants Grandmother and Mother shared legal custody, Grandmother has pnimary physical custody and Mother is to have periods of visitation at times agreed upon by the parties, as well as time on holidays. Mother is also to have reasonable telephone and email contact with the child while she is in Grandmother's custody, /"-.'0,'" , I C'i 5, The June 24, 2003, Custody Order was entered upon agreement of Grandmother and Mother. Father was not notified of the decision to enter intb the stipulation and agreement and did not participate in determining whe:ther this custody arrangement was in Taylor's best interest. 6, On June 18, 2004, Father filed a Petition to Intervene and Modify Custody, That matter is still pending resolution as a result of Grandmother's Preliminary Objections asserting that Minnesota is the appropriate venue for Ibis matter. 7, Grandmother has willfully disobeyed the Order in ways including, but not limited to, the following: a, Refusing to permit Mother to exercise any periods of visitation in accordance with the Order, Mother has not seen Taylor sillce she went to live with Grandmother in Minnesota in June 2003, b. Refusing to allow Mother to have reasonable tdephone contact with Taylor, In the past year, Mother has spoken to Taylor less than six (6) times via telephone because either Grandmother answers the phone and does not put Taylor on the phone or Grandmother does not encourage Taylor to return messages that Mother leaves when she calls. c, Refusing to allow Mother to participate in any decisions about Taylor's well- being and making it impossible for Mother to exercise her legal custody rights, d. Allowing third parties, including the grandfather (step-grandfather?) to make negative and disparaging remarks about Mother in front of Taylor. 8, Grandmother is not acting in Taylor's best interest fo:r reasons including, but not limited to, the following: a, Grandmother has willfully denied Mother periods of visitation with Taylor in ways set forth in paragraph five of this Petition for Contempt and Modification, b. Grandmother's continual alienation of Mother interferes with the appropriate and healthy mother/daughter relationship that lis imperative to Taylor's ongoing emotional development and well-being, c. Grandmother's refusal to protect the child from hearing negative comments about her mother impedes the positive development of Taylor's opinions and emotional attachment to her mother. 9. Mother is the person who can best provide for Taylor for reasons including, but not limited to, the following: a, When the parties initially agreed to this custody arrangement, Mother intended it to be a short-term arrangement until she was able to re-establish herself and provide for Taylor, b, Mother resides in a three-bedroom home with her boyfriend, Jason Heckendorn. Mother has shared custody of her son, Christian and has partial custody of her daughter, Kari, Both of these children stay in the home during Mother's periods of custody. c. Mother has a safe, stable home in which to raise Taylor and is able to provide for her mental, emotional, physical, and [mancial well-being, d, Mother has ongoing communication with Father, because of their custody arrangement with their daughter Kari. Mother will facilitate the re- establishment of the father/daughter relationship between James McLaughlin and Taylor. Additionally, Mother's boyfriend is willing and able to act as a parental figure in Taylor's life. e, Taylor has a well-established relationship with her sister, Kari, and also has a younger half-brother who she has not yet met. It is important to Taylor's emotional development to have the opportuni~y to establish and nurture a relationship with her siblings, f. Mother is the parent most capable of facilitating a relationship between Taylor and her grandmother and is willing to support :md encourage that ongoing relationship. g. Without this Court's intervention, Taylor is at risk of being harmed from being denied contact with her mother, 9. Grandmother is represented by Attorney Brian Bornman, who does not concur with the relief requested in this petition, WHEREFORE, Mother respectfully requests the following: a. That this Court find Grandmother in contempt of the existing June 24, 2003, Court Order. b, That this matter be scheduled for a custody conciliation to establish terms of a modified custody arrangement. c. That Grandmother immediately allow Mother to exercise her right to reasonable telephone contact with Taylor while she is still in Mirmesota. d. Any other relief this Court finds just and proper. --- Jessic:a iamondstone, Esquire Grac" D'Alo, Esquire Attomey for DefendantlPetitioner MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (7 I 7) 243-9400 VERIFICATION The above-named DEFENDANT, Michelle Lynn MCLaughlin, verifies that the statements made in the above petition for Contempt and Modification are true and correct. Defendant understands that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904, relating to unsworn falsification to authorities. .II // ." Date: v" ~r(/';I SHEILA NEWCOMB, PJaintiffi'Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 03-2756 CNIL TERM MICHELLE McLAUGHLIN Defendant/Petitioner IN CUSTODY CERTIFICATE OF SERVICE I, Jessica Diamondstone, Esquire, of MidPenn Legal Services, attorney for the Defendant/Petitioner, Michelle McLaughlin, hereby certify that I have served a copy of the foregoing Petition for Contempt and Modification on the following date and in the manner indicated below: U.S. First Class Mail. Postal!e Pre-Paid Brian C. Bornman, Esquire 200 North Hanover Street Carlisle, PA 17013 Jerry Philpott, Esquire 227 N, High Street P.O. Box 116 Duncannon, P A 17020 Date: J o' 'S'". 0'/ ~rvices, Inc. ~ Jess' a Diamondstone, Esquire 8 Irvine Row Carlisle, Pennsylvania 17013 (717) 243-9400 SHEILA NEWCOMB PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, pENNSYL VANIA V. 03-2756 CIVIL ACTION LAW MICHELLE MCLAUGHLIN DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, October 14, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueliue M, Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, November 04,2004 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an et1'011 will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a tempor31Y order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide !,'Tounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Ahllse oI;:d~rs, Special Relief orders, aud Custody orders to the conciliator 48 hOllrs prior to scheduled hearin~, FOR THE COURT, By: Isl Tacqueline M, Verney. Esq, Custody Conciliator mhc The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990, For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All an'311gements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 \ EXHIBIT C- , 10/25{2004 10:37 5513510200 NEWCOMB REAL. ESTATE PAGE 03 f State of Minnesota I County of Washington Ie District Court Tenth Judicial District Court File No: FX-04-4503 Case T e: CUSTODY SHEILA NEWCOMB, Petitioner vs, NOTICE OF REGISTRATION MIe, F WASHINGTON COUNTY I DISmlCT COURT L 1111 231004 DE CHRIST VOLKERS COUR A !RATOR By l Deputy PLEASE TAKE NOTICE that the attached Order from CUmberland County, Pennsylvania, was registered in the office of the Court Administrator of the above- named Court on July 23, 2004. MICHEllE MCLAUGHLIN, Respondent. TO: MICHEllE MCLAUGHLIN. above-named Respondent. A registered determInation is enforceable as of the date clf the registration In the same manner as the determination Issued by this state. To contest the validity of the registered determination a hearing must be requested within 20 days after the date of service by mall of the notice. Failure to contest the registration will result In conflrmati(m of the determination and preclUde further contest of that determination with relspect to any matter that could have been asserted. Dated: July 23. 2004 Christina M. Volk<ers Court Administrator By: Jaymi Kaphingst EXHIBIT I b F I l E o 10/26/2004 10:37 6513510200 STATE OF MINNESOTA C.OllNrY OJ' WASHINGTON NEWCOMB REAL ESTATE PAGE 02 Ca.e NUmber, 82-P'X-04-004503 Case Titl.. SHEILA NEWCOMB vs. MICHELLE MCLAUGHLIN TEI"'L'H JUDICIAL DISTRICT Stillwater, MN NOTICE OF JUDICIAL ASSIGNMENT SHEILA NEWCOMB 2565 8AYBBRRY AVENUE STILLWATBR MN 55082 DATE OJ' VILII/G: JULY 23, 2004 YOU ARB BBRIl8Y NOTIFIED THAT rOUR CASlI: HAS BEEN ASIlIGNED TO THlI: HONORABLlI: DAVID E. DOYSCHER who will prsside over l,our g.se from tiling through disposition (including tri.l and pOllt-trial _tters). -- AS OF 2/1/04 THE HONORABLE KlI:NNETH J. MAAS WILL BE PRlI:SIDING OVER JUDOE DAVID DOYSCHER' S CASES FOR A PERIOD OJ' 6 MON'l'HS .. TO SCHEDULB HEARINGS: Contact K2LINDA in the ..siBnment division at (551) UO-5318 For further case information, please cont.ct the P.mily Division at (651) '430-6:161. All fUed documents mUllt include the c.se tile nWllber, the attorney's idenUtio.tion nWllb.r, and must conf'orm to tormat requirements or they will be returned. FAMILY ACTIONS. Pursuant to Rula 304,02, General RI.las Of Practica for the District Courts, each party must submit an :[nformational St.t.....nt wit:hin 50 days after filing or within 50 1iays aft.r the temporary haaring, whighever is later, SlI:ND CORRIliSPONDBNCE TO. Court Administrator Pamily Division 14949 62nd Street: North p.O. Box 3802 Stillwatar, MN 55082-3802 CHRISTINA M. VOLKlI:RS **EJ'J'ECTIVB JULY 1, 2003 A $55 FEB MUST BE COURT ADMINISTRATOR SUBMITTED BEPORIIi ANY MOTIONS CAN BlI: HEARD 8UORI: TIU: COURT. SOD CASIIi TYPBS KAY NOT APPLY, SEE MINN. STAT. 357.021.-_ BY, JLJC Deputy Dated: 07/23/2004 fY~4r' L{L}b JUd~ Doysrlv -f}~_ {o3fg SHEILA NEWCOMB, Plaintiff/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW MICHELLE McLAUGHLIN, Defendant/Petitioner : NO. 03-2756 CIVIL TERM : IN CUSTODY ACCEPTANCE OF SERVICE I, Jessica Diamondstone, Esquire acknowledge that on the fday of ;%vel?? ~ ,2004, I received a true and attested copy of Preliminary Objections filed by Plaintiff, Sheila Newcomb, in the above captioned action and acknowledge that I am authorized to do so on behalf of the Defendant, Michelle McLaughlin Date:Jj l / () L/ essic iamondston~quire Mid-Penn Legal Services, Inc. 7 Irvine Row Carlisle, PAl 7013 r-':> c::.' C,,) t,.;.::> ~n .h _.":T" :.:;-~ ~.. c::> ~~'n ?U -.:: N ~!I~J :, '"'\ 1':,~) ~. ,'- 1 \ ~: '. ) ~"": ": U') L'::' .... ~ I, e,) -< <.0 ~.._- ~ . - SHEILA NEWCOMB, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v, CIVIL ACTION - LAW MICHELLE McLAUGHLIN : NO. 03-2756 CIVIL TERM ORDER OF COURT AND NOW, this 14th day of March, 2005, upon consideration of (a) the Petition To Intervene and To Modify Custody filed on behalf of James McLaughlin [with an incorrect caption of McLaughlin v, McLaughlin and Newcomb] on June 23, 2004, (b) the Preliminary Objections of Defendant to Father's Petition filed on behalf of Sheila Newcomb [with an incorrect caption of McLaughlin v, McLaughlin and Newcomb] on July 27,2004, (c) the Petition for Contempt and Modification filed on behalf of Michelle McLaughlin on October 6, 2004, and (d) the Preliminary Objections of Plaintiff/Respondent to Petition for Contempt and Modification of Defendant/Petitioner filed on behalf of, Sheila Newcomb on October 26, 2004, it is ordered and directed as follows: 1. A hearing on (a) the Petition To Intervene and To Modify Custody filed on behalf of James McLaughlin dealing with intervention as that petition relates to the issue of intervention, (b) the Preliminary Objections of Defendant to Father's Petition filed on behalf of Sheila Newcomb, and (c) the Preliminary Objections of Plaintiff/Respondent to Petition for Contempt and Modification of Defendant/Petitioner filed on behalf of Sheila Newcomb is scheduled for Thursday, May 5, 2005, at 9:30 a.m., in Courtroom No. I, Cumberland County Courthouse, Carlisle, Pennsylvania, 2. Further order as to (a) the Petition To Intervene and To Modify Custody filed on behalf of James McLaughlin as that . . petition relates to custody of the child and (b) the Petition for Contempt and Modification filed on behalf of Michelle McLaughlin is deferred pending disposition of the preliminary matters referred to in paragraph I. 3, Pending further order of court, the custodial terms of the order of court dated June 24, 2003, shall remain in full force and effect. BY THE COURT, L,Brian C, Bornman, Esq, 200 N, Hanover Street Carlisle, PA 17013 Attorney for Plaintiff Sheila Newcomb /1l:ssica Diamondstone, Esq, MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 Attorney for Defendant Michelle McLaughlin ) 4?1~ % /".-.--.... .......~ ( 0 3 -15 - 05 ~rry A. Philpott, Esq, P,O. Box 116 Duncannon, P A 17020-0116 Attorney for Intervenor James McLaughlin, Esq, 'l :, j " SHEILA NEWCOMB, Plaintiff IN THE COURT OF COMMON PLEAS OF' CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW MICHELLE McLAUGHLIN, Defendant NO, 03-2756 CIVIL TERM ORDER OF COURT AND NOW, this 5th day of May, 2005, upon consideration of the Preliminary Objections of Plaintiff/Respondent to Petition for Contempt and Modification of Defendant/Petitioner fil'2d on behalf of Sheila Newcomb, and following a hearing held on thiC3 date, the record iC3 declared cloC3ed, and the matter iC3 taken under adviC3ement. It iC3 noted that counC3el for Plaintiff, Sheila Newcomb, and counsel for Defendant, Michelle McLaughlin, have indicated their aC3C3ent to thiC3 Court's contacting the appropriate judge in the District Court for the Tenth Judicial District (County of WaC3hington) in the State of MinneC30ta to diC3cuC3s the iSC3ue of whether this Court should decline jurisdiction with reC3pect to the Petition for Contempt and Modification filed by Michelle McLc.ughlin with respect to custody of Taylor Lynn McLaughlin (date of birth September 15, 1999). By the Court, ,', " ( /, J. r .' !{~ sley Ol~, J, ,0'7 ~,\~ o , C' ,- -; ".; Z ,\,'''ti SduZ :IO I , Brian C. Bornman, Esq. 200 N. Hanover Street Carlisle, PA 17013 For the Plaintiff Sheila Newcomb Jessica Diamondstone, Esq. Midpenn Legal Services 8 Irvine Row Carlisle, PA 17013 For the Defendant Michelle McLaughlin Jerry A, Philpott, Esq, P.O. Box 116 Duncannon, PA 17020-0116 Attorney for Intervenor James McLaughlin pcb , .' SHEILA NEWCOMB, Plaintiff v. MICHELLE McLAUGHLIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-2756 CIVIL TERM ORDER OF COURT AND NOW, this 5th day of May, 2005, upon consideration of the Petition To Intervene and To Modify Custody filed on behalf of James McLaughlin, and upon consideration of the letter da~ed May 3, 2005, from Mr. McLaughlin's counsel, Jerry A. Philpott, Esquire, the Petition To Intervene and To Modify Custody filed on behalf of James McLaughlin is dismissed, and the preliminary objections of Defendant to father's petition filed on behalf of Sheila Newcomb are deemed moot. The letter from Mr, Philpott to the Court Administrator referred to herein is attached hereto. ~rian C. Bornman, Esq. 200 N, Hanover Street Carlisle, PA 17013 For the Plaintiff Sheila Newcomb vOessica Diamondstone, Esq. MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 For the Defendant Michelle McLaughlin ~erry A. Philpott, Esq, P,O. Box 116 Duncannon, PA 17020-0116 Attorney for Intervenor James McLaughlin pcb By the Court, ) OS-Id -oS , ""~" ., \ ",.' <' f'-\" Lr' ,rl" :1 . ;,~~ ~ ?' ,y,\\ (:\'~! \j \ ;.". ..,,' ,j \'~' :3--' LAW OFFICE OF RECEIVED MAY I} 5 -r JJ~~~W ~o ~[}=j]mlJ~(Ql1ru Jerry A. Philpott, Esquire Deborah McQuay, paralegal ATTORNEY -AT -LAW 227 No. High St., PO Box 116 Duncannon, PA 17020~0116 717834-3087 FAX 834-5437 May 3, 2005 Court Administrator Cumberland County Courthouse I Courthouse Square Carlisle, P A 17013 File no, 04-06-10 Re: Sheila Newcomb vs, Michelle McLaughlin No: 03-2756, Civil Dear Court Administrator: I am counsel for James McLaughlin, who filed a Petition to Intervene in the above-captioned matter which, among other things, led to the pending hearing to determine where it should all be heard, whether in Pennsylvania or in Wisconsin, Subsequently, Mr, McLaughlin had DNA testing to determine paternity, and he has learned he is not the biological parent of Taylor, His sole interest in this matter from the outset was to arrange for Taylor to have visits with her half-sister Kari, who is in his custody, If Michelle McLaughlin ultimately prevails in establishing custody of Taylor in the litigation with her mother, then he is confident that he and Michelle can work out some kind of arrangement whereby Kari and Tay lor will spend time together. Michelle McLaughlin is also the mother of Kari. If, on the other hand, Sheila Newcomb prevails ultimately in the custody determination, then Mr. McLaughlin would simply like to ask for a couple of weeks in the summer when Taylor and Kari can spend time together. He is indifferent to which state this is decided by and who prevails. Court Administrator May 3, 2005 Page 2 Accordingly, he does not intend to participate in the hearing on May 5. Sincerely, \ cc: James McLaughlin 850 Windy Hill Road, Lot 19 Shermansdaie, P A 17090 Brian C, Bornman, Esquire GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 Jessica Diamondstone, Esquire MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 . SHEILA NEWCOMB, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION - LAW MICHELLE McLAUGHLIN : NO, 03-2756 CIVIL TERM IN RE: PLAINTIFF'S PRELIMINARY OBJECTIONS TO DEFENDANT'S PETITION FOR CONTEMPT AND FOR MODIFICATION OF CUSTODY BEFORE OLER, J. ORDER OF COURT AND NOW, this 19th day of May, 2005, upon consideration of the Preliminary Objections of Plaintiff /Respondent to Petition for Contempt and Modification of Defendant/Petitioner, and following a hearing on May 5, 2005, and a telephone conference on May 17, 2005, between the undersigned judge and the Honorable David Doyscher, District Court Judge, Tenth Judicial District (Washington County), Minnesota, jurisdiction is ceded to the Washington County District Court, State of Minnesota, where the present custodial order with respect to the child of Defendant and grandchild of Plaintiff, Taylor McLaughlin (d,o,b. September IS, 1995), is registered at File No, FX-04-4503. All court costs and fees associated with this transfer of jurisdiction, including the cost of transmitting contents of the file to the Minnesota court, shall be borne by Plaintiff, Plaintiffs counsel is directed to contact the Cumberland County Prothonotary and the Court Administrator of the Washington County District Court for purposes of facilitating the transmission of the contents of the file, -. " ......' t. \ u "",i '.'\) tl",)l,.t \'11"...., . ""' ~ Honorable David Doyscher Judge, Washington County District Court Washington County Government Building 14949 62nd Street N, Stillwater, NM 55082 ~hristina M. Volkers Court Administrator Washington County District Court Washington County Government Building 14949 62nd Street N, Stillwater, NM 55082 ~ian C, Bornman, Esq, 200 N, Hanover Street Carlisle, PA 17013 Attorney for Plaintiff Sheila Newcomb ~sica Diamondstone, Esq. MidPenn Legal Services 8 Irvine Row Carlisle, P A 17013 Attorney for Defendant Michelle McLaughlin Courtesy Copy: vferry A, Philpott, Esq. P,O. Box 116 Duncannon, PA 17020-0116 BY THE COURT, /jJ. J, '/ RCC-l\.':-n C"C " C '~C5 ~ t...l-J.'~'" ."~ JAMES MCLAUGHLIN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-2756 CIVIL TERM MICHELLE MCLAUGHLIN and: CIVIL ACTION - LAW SHEILA NEWCOMB, Defendants : IN CUSTODY ORDER OF COURT AND NOW, this 6th day of September, 2005, this matter having been transferred to Minnesota, the Conciliator hereby relinquishes jurisdiction in this matter, FOR THE COURT, .~\ ~ (~ (J~ , Uine M. Verney, Esquire, C~liator () (~,~, <;::', CC-' <J' (,I) r,;^'I --0 , 0' -0 -;L: - ~ ::? ~-0 rn-;:::=; ~(ji-r\ ",~0 :~:) .1-, ';;1~, ,~ -'-" JD ,-< - 0'" SHEILA NEWCOMB, Plaintiff rt~'J:-'=, (~;-~t~:~I;\7~1 , I , i NOV 1 7 ZOOS !BY: ~ : IN THE COURT OF COMMON PLEAS ur . : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-2756 CIVIL TERM MICHELLE MCLAUGHLIN Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this 16th day of November, 2005, this matter having been transferred to Minnesota, the Conciliator hereby relinquishes jurisdiction in this matter, FOR THE COURT, ine M, vemt~~f1r~y Conciliator , '~"" i\.:_, " S I :2 11J L I i\ON seaz ,J'-tL :10 :i:~:i!+)-i]:r1i:J