Loading...
HomeMy WebLinkAbout99-03331 .. ?; S;. >?. ;;? ,, ,, .' r ' ,..; ,:;? ,,, ;, ;`:?. ?; . , ?; ,?, ??5?0 -,"{. c t ti' t .. ?y i. ??r Y N( . 4. at ?'? h a y ?y ? J ? p YQ ` ,4,. iC ? y?'{' . ? `?k` ?r'}•` , ti.: '.>'.„T ? ,_? * Nbr\ S ,?(-\r'k f1 V. : IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, :PENNSYLVANIA * ?.tc??u\11?f L.. ?mcJ Defendant CIVIL ACTION LAW 140.?3Ii CIVIL 19 99 CUSTODY VISITATION ORDER OF COURT And now, this (,110199 , upon consideration of the attached complaint, it is hereby directed that the above parties and their respective counsel appear before n ?? S •?_ Esquire, the conciliator, at "7n 1rJ. Hn 1 n Pennsylvania, on the I day of _ILI , 1999, a 3 A.M./ M.. for a Pre-hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may be present at the conference. Failure to appear at the conference may provide grounds for the entry of a temporary or permanent order. FOR THE COURT: By: ?'JsdAL Custody Conciliator G ) YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE. A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 1-800-990-9108 FILE?}-Q:=i-ICE CF ?70-11W 99 JU?! I Q Pi i 9: nn liliwil G1J'C%i L; ('LUM Pc I snva, I11A 7117 .y ALAN S. KLEIN, Plaintiff VS. JENNIFER L. JONES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY NO. qq- 333 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this day of 1999, upon presentation and consideration of the attached Petition, it is hereby directed that the parties and their respective counsel appear before , Esquire, the conciliator, at, Cumberland County, Pennsylvania, on the day of 1999, at m., for a Pre-Hearing Custody Conference. At such conference an effort will be made to resolve the issues in dispute, or if this cannot be accomplished, to define and narrow the issues to be heard by the Court and to enter into a temporary Order. Either party may bring the child who is the subject of this custody action to the conference, but the child/children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent Order. FOR THE COURT: By: Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. OFFICE OF THE, COURT ADMINISTRATOR COURTHOUSE, FOURTH FLOOR CARLISLE, PA 17013 (717) 240-6200 i ALAN S. KLEIN, Plaintiff vs. JENNIFER L. JONES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY NO. 9q 3331 CIVIL TERM IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY 1. Petitioner is the above named Plaintiff, Alan S. Klein, an adult individual currently residing at 358 E. High Street, Belfonte, Centre County, Pennsylvania. 2. The Respondent is the above named Defendant, Jennifer L. Jones, an adult individual currently residing at 1711 Market Street; Apt. 1, Camp Hill, Cumberland County, Pennsylvania. 3. The parties are the natural parents of the child Justine Ryan Jones, born July 17, 1990. the child was born out of wedlock. 4. The parties are currently subject to a Custody Order dated July 11, 1991 which was the result of a Pre-Hearing Conference before the York County, Pennsylvania, Court of Common Pleas. A copy of the resulting Order is attached hereto and incorporated herein by reference as Exhibit "A" 5. With the exception of a prior petition for special relief in 1991, also before the York County Court and attached as Exhibit "B", there have been no additional actions relative to custody of the within named child in any jurisdiction to the Petitioners knowledge. 6. Since the entry of the Court's Order of July 11, 1991, the child has primarily resided with the Respondent with frequent periods of temporary , physical custody with the Petitioner. 8. The natural mother of the child is Jennifer L. Jones. She is divorced. 9. The natural father of the child is Alan S. Klein. He is married. 10. The relationship of the Petitioner to the child is that of natural father, The natural father currently resides with his wife. 11. The relationship of the Respondent to the child is that of natural mother. The natural mother currently resides with child alone. 12. The Petitioner has not participated as a party or a witness in any other capacity in litigation concerning custody of the child with the exception of the Pre-Hearing Conference which resulted in the Court Order dated July 11, 1991. 13. Petitioner has no information of any custody proceeding concerning the child pending in I any Court of this Commonwealth. 14. The best interest of the child will be provided by modifying the existing Custody Order for the following reasons: a) The existing order is 8 years old, and entered into during the child's infancy; b) The Petitioner is no longer in college as during the entry of the 1991 Order of Court; c) Both parties have moved since the initial order, and now reside farther apart from one I another; d) Over the years the Parties have made numerous verbal modifications to the existing order, which they then consistently ratified through their actions. Now curing periods of conflict, the parties are at variance as to which terms apply. e) The child age and expressed desires are consistent with spending more extended periods with the Petitioner during the summer. 15. Petitioner does not know of any person not a party to these proceedings who claims to have custody or visitation rights with respect to the child. WHEREFORE, Petitioner requests your Honorable Court to grant his request to enter an Order scheduling a Custody Conciliation regarding the custody modification. Re ully sub ' ed Thomas S. Diehl, Esquire 401 East Louther Street; Suite 103 Carlisle, PA 17013 (717) 240-0833 VERIFICATION I verify that the statements made in the foregoing document are true ami correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities DATE: ALAN S. KLEIN TTI TIiR C01111P OT? COMMON PLEAS OF YORK COUNTY, PCNNSYLVANIA i ALAJI S. IM11111 VS TrT11TTvr.n 7.. •TONIsr, e No. 91-811-01946-03 S Civil Action » LaN•. r r Habeas Corpus York, Pa., Thursday, July 111 1991 BefOve Peter D. Solymos, Esquire, Pre-Iiearing Officer Anpr•,AP.AFirr 'e CTNDY S. CONI,EY, Esquire For, the Plaintiff 11ICI1Acr, L. BANGS, Esquire For the Defendant 121'_??OItT_,_(1Rf _HFARIi1G CONFERENCE This, matter has been settled. Respectfully Submittedt Is) PFTFR D. SOLYMOS I:1;111 0- 7116191 Ey, Peter D. Solymos, esquire. Pre-Hearing Officer it ';. ' i t1 f.l.ar n brief dlsaus,sion with the r•r-•'triniin<I OVflner acid the partlen, an amicable nt.i•,n nC th(^ nnttor tsan arrived at. • I Arent.tiingly, the court will enter khe"%, I / 111t? TO U1 T s Th i o day of `?(•(IFI?A!L?11, 1r 4r.i hnreby ordered and decreed eo i T.r.ignI. currt.ody of the aforeaaid minor + . r.'ln11 b, ritirice:tl by ib+e partlec equally. ,!%t3 rnoth,?r: shall have the right of r"•, fov+ by clintody. The father shall haVe the :+,;• 1•nrt:i0 lnint:,:,r•1y on alternate weakenda 4. _ nta-1m; ran t r.+r Ayr• nt. drtlt) in the p,m, through „•.:.,? ;?;. art;;? !it ':at? l.m. i 'pitrr £ath?r1n r.Lght to exercise such -'t?tnna:e. •r?^I;e)rr?l ;paetfnl custndy shall commence the b -'rvt ,'+uly lnt•.h, lnn.1t and every other weekand .i ?. t •i r . VnL1 -r -vial t alro have the right of , In! citrt•+:11' of ntternate holidays. The bolldays „n f•vl t•ivf; r *rrvr vtnr't: jay, !Memorial Day, the v ^vrr t b ref •Tn17, f,ahni: nay, and Thankagiving Days t rother'r, right to exerclce such is ILLEGIBLE COPY COPY ILLEGIBLE COPY r?tnntA hr:,tl•?;sy pArt.tol. custody shall commence the nits, rnro FrAt,] 11nil4ny at 4 00 In the Von, + II,I• t:ho hol tOtq At; 700 in the p.m. Vathr,.r'it Eight to exercise holiday 1:in, r,nnt.nr,y !shall, commence Thanksgiving Day 1091 grt,i rgv?,rv [,4hor hol luny thereafter. 'i!fin (anther nha..U. also have the right vnrl.in) cnntr,(ly An even-numbered years commencing ••!; r'Rrirl!nzin r,lvr) A,t 4:()V In the a.m. through ;•,r;,n P-"Y Mt 1300 In the P.M. Tit oild-numbered yearn the father shall r• t:h•m ri.ahi: of i,art:lal custody commencing on -1:n;%. T I tiiy .al: !.Tin in the p.m. through ?5f-.h '-U 700 ;n the p.m. s•,tr..n!!rtr,tnn with the mummer of 1992 the ! ',^•, I, it t ! hrnrr,^ 1:1)•r r i ght oP. partial custody for a '. f'Cl 't1: ::[•!? U1?•'rilEl Iu r•int7 the normal school mummer ^r!r., !,r,ld roe,,*1zn to be exercised ,nrnr!••r!cnt 1 vii s . "he fnt.her. mhall give the mother at ;-nt,t: '?l1 (loyfif +tiLt.cn notice of bias intent to •.-, ,n .n l.•n n!)Cil hAr Cii't Cll l:tody. tint::tit:hrtnntting anything also that bas t,• ran rrat r.art.h in this odder, the father shall have i.;r t ri +itc .?; r,s rt i ai rurtody on rather t e Day and the 3 .,. •.. . ' +'rnf •r'•»I I tr;luet, thn right of partial Custody on Illy, nar.f: p2+rUa.l cuaLody to COmntewdo the.. PI. 44,10 in the h.m. through 700 'in the r.n. thn f.nt kowinel dny. nlro r?,ach parent nhall have the right ' nrifl fnur hourn with Justine on her birthday. r•r)r•!ntn ,ire to consult with each other Arr. r:;I•? I:hm ayl vrnt'rirt•o times for. the birthday .,;i:1tI-i.n. +?rr the birthdays, Lite partial custody ^i! I:a o:ulrc.i.otiid in the town where the respective t!n:vi.n:. (!ue:.tor.7y ah the time reaides. ra thn your 1991 the father shell have I+'. If I>»ri r.!tstt:ody for a period of one week :'.r. i nr'r !:ire. 111?„•r,n! X;c ho;)l summer rocens, rt,rid :,e.•nl: .it, to be exerciaed in August I?trtrr, onm trerl,rIt nrttica to the mother as long +L 11"V1+ n0f. rrrr.Ur ovec• the 11th of August. r I one; ti.»1 c.urrtody shall be at the ^nr•• nP the fnl:lrr r and may be away from the home I•irn In oVh1>r. !'c direct: the father to promptly pick rr..; r T(:ur•n the chi )d at the aforestated time or to I.1!r mrrt:hrr f,r.ouiptiy if the father is unable to. ••I; mp eho e101.11 nt thn aforeutated tithes. LE CO.....*..*. ." ILLEGIBLE COPY GIB LE COPY ILLEGIBLE COPY i Thn Criu r t ti/nu l d like to command both.. t !"rr nm,;r•.,h1v rr•:rnnlving thle matter, and it to I,, •. .r rh,o 110 ii .7?I; nanuml: will r prove mast ir?t ovy r n n I ! aonenrne d, moat especially tc,rnat. ghat two copiec of this r.r• ;'?r•,rn• r„? to h.0:8 cnunnn_.l no that they May , onik t:c 1:1,:^.a;• rehlteative Clients. nY TIM COl1RTt i Isr 5HERYL; ANN DORNEY Rbaryl A. Dorney J11dQe i ),?Ir; 17 r i' i .. lY?•Yi.., r', F? I Y ILLEGIBLE COPY COPY ILLEGIBLE COPY .. ALAN S. KLEIN Vs. JENNIFER L. JONES I'... I.. I . I . i I / MAY (J-11, IN '1'1113 COURT Or COMMON PLIJAS Or YORK COUNTY, PENNSYLVANIA NO. 91-SU-01946-03 CIVIL ACI'ION - LAW CUSTODY REEORT GILMNEILIA'fDli Data of Conciliation - May 20, 1992 1. Parties in this case art: Legal Counsel: .xL rather ..x- Mother Linda M. Gross, Esquire Michael L. Bangs, Esquire 2. The child Is Justine Ryan Jones, born July 17, 1990. 3. Present action was initialed by Mother. 4. ltavo there been any prior custody proceedings and/or Orders? Ycs. An Order of this Cowl provides mglorily custody to Mother and rights of partial custody to Father. 5. The present custody situation is as ordered. 6. The present custody situation has existed since file dale of the Order, lily 19, J991. 7. Position of Father: The Father Is enrolling in Rochester, Institute or Technology is, Rochester, Now York, and wants sonic modifications to Ilia present schedule of partial custody sights to accommodate this chanize in his living arrangements. B. Position of Mother: The mother objects to file child going to Rochester. tier prhuany reason Is the long drive, Which is somewhere between five and six hours from CannP Ilill, a; lives }vlth Ilia child and her parents. Her other reason is that file child would be shying In u hotel room or in an apartment which ilia rather shares Willi three other college slodaills. 9. P6sillon of Others lit case: r4/A 10. The parties agree on the follnwlug: Ile parlics agreed to a ntodificaliun of file I :dltcr'S Christmas rights as set !atilt in file ploposed .Oiler. 11. The parties disagree on the follnwlug: 'nlc child will he staying In State College with file patemal grandparents, and file Father will be driving from Rochester to Slate College to slnac the weekend Willi fie child onrl his parents. 'Ile parents will pick up the child in Caunp 11111. '`!'his 1s file normal arrangement. 'Ilia Father requesled the flAhl to, (like the child to Roehcslor ORy percent of Ilia weekends ha has Ilia chill. 'Ilia Molhcr ou)ccteol, The Father ntodllled his request to onpa every Inrce mun(hs that the child would go to Rochester rat nnxfill ill. The Mother refused to concede on Ins issue in any way, ahhough she did express 1110 view [hill on some special occaslon, such as the rather's graduation, [lint the child would be able to go to Rochester. I recommended that ilia Mother's accept the Cailler's compromise proposal -- that Ilhe child could go to Rochester once every three nronttha. 9lhe Mother Insisled on u nearing on this Issue. I told the Mother that I did not know whether (he Court would grant a hearing oho such a minor matter; specifically, whether ilia child's driving time four weekends a year could be extended so that the child would go from Camp 11111 to Rochester rather than final Quip 11111 to State College, Pennsylvania. Purlhernore, I told the Mother that ilia Court might decide not to place any restrictions on the Father's exercise of Ilia alternating weekend rights. Neverllrclcss, I could not get the Mother to relent and allow Iho Father to lake ilia child In Roches(cr execpl for his graduation from college. My viewpoint Is that the Court should order (hot the rather be allowed to lake the child to Rochester no more than once every three months. If ilia Mother is not satisfied with Ilhia arrangement, mile should be required to consult Willi a child psychologist on tlhia aabJeet, ohlain a written report and submit that to ilia Court. 'Ilia written report would specifically (Ica[ with the issue of whether such a drive four times a year is detrimental to this chilli, and If so, the age of which (he child would be able to tolerate such a drive four times a year. My awn nersoual experience, driving home to Lynchburg, Virginia, for five and one-half hours fur wccku?,.?u several times a year over fire entire lifetimes of my children, has not led ate to believe that this Is a serious problem. Respeclf illy sulmrilled, Glenn C. Vaughn, Custody Conciliator Date: > zG -9Tr 4N S. KLEIN IN T1 E COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA vs. NO. 91-SU-01946-03 CIVIL ACriON - LAW JENNIFER L. JONES CUSTODY •r r3 ORDER Jennifer L. Jones has filed a Petition for Modification of [his Court's Order relating tallto , custody of ilia one child of these parties. Thal child Is Justine Ryan Jones, bon July 17, 1990. The parties have agreed that the Court may modify ilia existing Order as follows. During the Christmas holiday of 1992, ilia rather, Alan S. Klein, shall have partial custody of Justine from Friday, December 18, 1992, at 4:30 p.m. through December 25, 1992, at 2 p.m. The rather shall be responsible for returning ilia child to the residence of the Mother, Icnuifer L. Jones by 2 p.m, on December 25, 1992. During the Christmas holiday of 1993, rather shall be entitled to partial custody from December 25,1993, at 2 p.m. through December 30, 1993, at 2 p.m. 'Ili* Mother shell have the reciprocal rights so Ihal it[ 1992, she shall have custody from December 25 at 2 p.m. until December 30 at 2 p.m., and in 1993 from December 18 at 4:30 p.m. until December 25 at 2 p.m. In 1994, the Christmas rights shall be renegotiated. If they canto[ be resolved between the parties, these rights shall revert to those set forth In the 1991 Order of this Court. There is one other Issue with which the Court must deal, and upon which the patties could not agree., This Issue is whether the rather can be entitled to take the child to Rochester, New York, where he Is presently enrolled ht college, on his alternating weekends. Initially, the Court notes that the paternal grandparents live in Shale Collcgc, 11consylvanla, and that tale majnri[y of the Father's custodial tights are spent Iliac. 'ilia paternal grandparents will he ph:khng up (be child at ilia Molher's resldcnce In Camp Iflll and Inking ilia child to Slate College, wlerc Ihcy will be joined for ilia weekend by file Pallier. 'The Mother objects to the Father's taking the child to Roclecsler an Ills wcckeuds because it is approximately a five hour trip one way from Camp hill to Rochester. '1110 t<:atlier numcs that this Is a lot of driving for life child and is willing (o spend he majority of the lime with the child in State College. However, he did request that he be allowed to hike ilia child to his college on occasion. The Mother stated (fiat she was willing Io allow him to lake (he child to Rochester on special occasions, such as for Ills graduation. The Father then specifically offered a limit of one weekend trip (o Itochcsler cacti calendar quarter of the year. fie agreed to provide ilia Mother notice of his hdenlion to hike Ilia child to Rochester. Tito parties could not agree at Ilia conciliation conference. The Court perceives this Issue to be whelher once every Ihrce months tie child can travel five and one-half hours to Rochester, New York, rather than one and one-half hours to S(a(c College, Pennsylvania, and the return trip. ]lie Courl will approve ilia Faller's offer and order that he may take the child to Rochester, upon police to ilia Mother, once every three months 111111 no more frequently. Tie other weekend rights shall be exercised at the home of the paternal, grandparents. The Mother's counsel has requested a trial oil fills Issue. The Court will requite prellmfnary to such trial that the Mother take (le child to a psychologist for (le specific purpose of determining whether this trip to Rochester, New York, once every Ihrce uundhs will be detrimental to [fie welfare of llre 'chlld. 'Ilia Mother shall oblain it wrlllcu lepoit from the psychologist and submit It to the Court. A copy NIlnll be Neill to file Custody Concillwor alul a copy shall be sent to opposing counsel. At that point, either counsel may request ;1 pre- Bird conference, after which a trial on fills ale issue will be scheduled. 'Ile Cowl nnfes that the .1 Psychologist clay state That Ihere should be no reslriclions on travel, or allernolively, Ilad Irave , may be less restrictive than the palher's proposal. Cost of the psycboiogicai evalat,lioa and report shall be borne by the Mother. BY Till? COURT: Hate: WIN A 1 i 13- 1 i C t; O Ir) v: : x c• I Z J 1 CT O" S U ALAN S. KLEINr Plaintiff vs. JENNIFER L. JONES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3331 CIVIL TERM CIVIL ACTION - LAW CUSTODY ORDER OF W-W AND NOW, this /`/' day of Qr?+, , 1999, upon consideration of the attached Custody Concal sti n Report, at is ordered and directed as follows: 1. The prior orders entered by the York County Court of Common Pleas in this matter shall continue in effect as modified by the provisions of this order. Justine Jones, 2. The Father, Alan S. Klein, and fh thermother, daughter, Jennifer shall share or alternate having custody Jones, born July 17, 1990 over holidays as follows: A. rraaTSTMnS: The Christmas holiday shall be divided into Segment A, which shall run from the last day of school before the Christmas holiday break through December 26 at 2:00 p.m., and Segment B, which shall run from December 26 at 2:00 p.m. through January 2. The Mother shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. The Father shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. B. ALTFR`ATM gOLIDAYS: The parties shall alternate having of the Child over the following holidays, beginning custody with the Father having custody of the Child on July 4th an 1999: Easter, Memorial Day, July 4th Labor Day, and the Thanksgiving. The Thanksgiving holiday Wednesday evening before Thanksgiving through the following Sunday. The Easter, Memorial Day and Labor Day holidays shall run from Friday through Monday. In the event the July 9th holiday falls on a weekend or immediately preceding or following a weekend, the period of custody shall include the entire weekend including the holiday. C. 140rHERIS DeT year on DA: the. shall the Child every through Sunday and the Father shall weekend fr day hthrough every year on the Fathers Day Sunday. F!LrD-Q:`FICF QI= 1;)TP.Ry 99 All- Cliilir ?i;?,?•;) cfuUjl IY rc ?!vSt'LV,Ma:4 D• T- CHILD'S BIR'it?AY: The parties shall alternate having cust Father ody of the Child over her birthday in July each year. The shall schedule his periods of summer custody under paragraph 4 of this Order in accordance with this provision. E. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. j 3. The parties shall share having custody of the Child during the !i remainder of the summer school break in ,999 as previously agreed between the parties. 4. Beginning in 2000, the Father shall have custody of the Child for 5 weeks during each summer school break. Two of the 5 weeks may be scheduled consecutively with the other three weeks to be non-consecutive. During the summer school break in 2000 only, the Father shall not remove the Child from the local area of his residence for more than 9 days during the two consecutive week period of custody so that the Child is in the Father's local area for the last 5 days of the two consecutive week period. terminationeoftheersccustody hool year h and shall end prior to first first w full after before the new school year resumes. The alternating weekend custody schedule during the school year shall be suspended for the duration of the summer custody schedule. The Father shall have preference for his selection of the 5 weeks of summer custody if he provides notice to the Mother of the scheduled weeks by April I. After April 11 the Mother shall be entitled to select her own vacation times and schedule a camp program for the Child. 5. The return time for exchanges of custody shall be 6:00 p.m. when the Child has school the following day and shall be 7:30 p.m. when the Child does not have school the following day. 6. During the school year, the Father shall be responsible to provide all transportation for exchanges of custody. schedule is in effect, the party receiving custody of the Chuildrshall be responsible to provide transportation. When the Mother is providing transportation for the return of the Child under this provision during the summer, the exchange time shall be adjusted so that the Child is returned to the Mother's residence by 7:30 p.m. 7. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, J. cc: Thomas S. Diehl, Esquire - Counsel ;foFa t her William Andring, Esquire - Counsel Mother rs ALAN S. KLEIN, Plaintiff VS. JENNIFER L. JONES, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3331 CIVIL TERM CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this day of , 1999, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior orders entered by the York County Court of Common pleas in this matter shall continue in effect as modified by the provisions of this order. 2. The Father, Alan S. Klein, and the Mother, Jennifer L. Jones, shall share or alternate having custody of their daughter, Justine Ryan Jones, born July 17, 1990 over holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from the last day of school before the Christmas holiday break through December 26 at 2:00 p.m., and Segment B, which shall run from December 26 at 2:00 p.m. through January 2. The Mother shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. The Father shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. B. ALTERNATING HOLIDAYS: The parties shall alternate having custody of the Child over the following holidays, beginning with the Father having custody of the Child on July 4th in 1999: Easter, Memorial Day, July 4th, Labor Day, and Thanksgiving. The Thanksgiving holiday shall run from the Wednesday evening before Thanksgiving through the following Sunday. The Easter, Memorial Day and Labor Day holidays shall run from Friday through Monday. In the event the July 4th holiday falls on a weekend or immediately preceding or following a weekend, the period of custody shall include the entire weekend including the holiday. C. MOTHER'S DAY/FATHER'S DAY: The Mother shall have custody of the Child every year on the Mother's Day weekend from Friday through Sunday and the Father shall have custody of the Child every year on the Father's Day weekend from Friday through Sunday. D. THE CHILD'S BIRTHDAY: The parties shall alternate having custody of the Child over her birthday in July each year. The Father shall schedule his periods of summer custody under paragraph 4 of this order in accordance with this provision. E. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 3. The parties shall share having custody of the Child during the remainder of the summer school break in 1999 as previously agreed between the parties. 4. Beginning in 2000, the Father shall have custody of the Child for 5 weeks during each summer school break. Two of the 5 weeks may be scheduled consecutively with the other three weeks to be non-consecutive. During the summer school break in 2000 only, the Father shall not remove the Child from the local area of his residence for more than 9 days during the two consecutive week period of custody so that the Child is in the Father's local area for the last 5 days of the two consecutive week period. The summer custody schedule shall begin the first full week after termination of the school year and shall end prior to the first full week before the new school year resumes. The alternating weekend custody schedule during the school year shall be suspended for the duration of the summer custody schedule. The Father shall have preference for his selection of the 5 weeks of summer custody if he provides notice to the Mother of the scheduled weeks by April 1. After April 11 the Mother shall be entitled to select her own vacation times and schedule a camp program for the Child. 5. The return time for exchanges of custody shall be 6:00 p.m. when the Child has school the following day and shall be 7:30 p.m. when the Child does not have school the following day. 6. The parties shall equally share the responsibility for providing transportation for exchanges of custody, either by selecting a mid-point exchange of custody for all exchanges or by having the party receiving custody of the Child provide transportation for the exchange. 7. The parties may modify the provisions of this order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, J. cc: Thomas S. Diehl, Esquire - Counsel for Father William Andring, Esquire - Counsel for Mother ALAN S. KLEIN, Plaintiff VS. JENNIFER L. JONES, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3331 CIVIL TERM CIVIL ACTION - LAW CUSTODY CUSTODY CONCILIATION SEMARY REPORT IN ACCORDANCE W1TH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Justine Ryan Jones July 17, 1990 Mother 2. A Conciliation conference was held on July 1, 1999, with the following individuals in attendance: The Father, Alan S. Klein, with his counsel, Thomas S. Diehl, Esquire, and the Mother, Jennifer L. Jones, with her counsel, William Andring, Esquire. 3. A prior Custody Order was entered in this matter in the fork County Court of Common Pleas on July 11, 1991. Since that time, the Mother and the Child have moved to the Camp Hill area. The Father currently resides in Bellefonte, Pennsylvania. The Father filed this Petition for Modification of the York County Order seeking a shared custody schedule during the summer school break, a revision to the holiday schedule to reflect the parties' informal arrangements and a provision requiring shared responsibility for transportation for exchanges of custody. To their credit after much discussion, the parties were able to cooperatively reach an agreement on revised summer and holiday custody schedules. As the parties were not able to reach an agreement on the transportation issue, the Conciliator recommends entry of one of the alternative orders attached. The Mother's counsel stated at the end of the Conference that the Mother's agreement as to the summer and holiday schedules was contingent on her prevailing on her position with respect to transportation. Therefore, the parties respective positions on the transportation issue are included in this Report. 4. The Father's position on custody is as follows: The Father stated that at the time of the prior Custody order in 1991, in which he agreed to assume full responsibility for all transportation, the Child was an infant and the Father was attending college in New York. The Father acknowledges that the parties lived in the Lewisberry, York County area during their relationship but argues that both parties have moved since the time of entry of the Order. The Mother has moved to Camp Hill and the Father to Bellefonte, Pennsylvania which is a two hour travel distance. The Father indicated that he moved to Bellefonte with his wife because he was originally from that area and his parents still reside there. The Father believes that since he has been providing all of the transportation for exchanges of custody since 1991, the Mother should now be required to share this responsiblity. The Father was willing to adjust pickup times to accommodate the Mother's work schedule and proposed that the parties either alternate driving one-way for each exchange or meet at a halfway point. 5. The Mother's position on transportation is as follows: The Mother believes that the Father should continue to provide all transportation for exchanges of custody as is stated in the 1991 York County order. The Mother believes that transportation should be the Father's sole responsibility because he is the party who moved out of the area in which they had originally resided. The Mother believes that since she provides all the transportation for the Child's activities, medical appointments, etc., the rather should be responsible to provide all transportation for the exchanges of custody. Finally, the Mother indicated that her work schedule is less flexible than the Father's and she would not be able to make the two hour commute under the existing custody schedule. The Mother stated that she would be willing to pick the Child up at the Father's residence in Bellefonte for the summer exchanges of custody. Again, the Mother's counsel stated that the Mother's agreement on the revised summer and holiday custody schedules is contingent on the transportation issue. 6. The Conciliator recommends entry of one of the attached alternate orders, one of which provides for equally shared transportation throughout the year and the other provides for shared transportation during the summer only. ? /922 Date' Dawn S. Sunday, Esquire Custody Conciliator 3 g H? ? H C b m? O { zr,] W N 44 4J H I 3 t?A Q °a ?S W H 44 C l 2 o U zz O N eo W m w C1 E Como) H Spa pN 3 n JUL i 2 .199°x.1; SUMMER 1999 CUSTODY SCHEDULE June 11 - 13 Father's Weekend :::::::::::::::::::::: June 18 - 20 Mother's Weekend Father's Custody June 20 Father's Day Holiday ::::::::::::::::::: June 25 - 27 Father's Weekend Father's Custody July 2 - 4 ...................... Mother's Weekend Father's Custody July 4 Father's Holiday July 9 - 11 Father's Weekend July 16 - 18 Mother's Weekend Father's Custody July 17 Birthday July 23 - 25 Father's Weekend Father's Custody July 30 - August 1 Mother's Weekend August 6 - 8 Father's Weekend Mother's Vacation August 13 - 15 Mother's Weekend August 20 - 22 Father's Weekend Mother's Custody August 27 - 29 Mother's Weekend Mother's Custody Sept. 3 - 5 ...................... Father's Weekend Mother's Custody Sept. 6 Mother's Holiday Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. `Jc?r?,??cc L. •b?r? Defendant CIVIL ACTION LAW :NO. S'' CIVIL 19 qq : CUSTODY VISITATION ORDER OF COURT And now, this, upon consideration of the attached complaint, it is hereby directed that the above parties and their respective counsel appear before _??(l S • .5 _f1C?? , Esquire, the conciliator, at Y( ?;j • MCtt . F lt?C Pennsylvania, on the '1 day of Q ' 1999, at qQ. A.M) °.M , for a Pre-hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may be present at the conference. Failure to appear at the conference may provide grounds for the entry of a temporary or permanent order. FOR THE COURT: By: ??• ?,? Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 1-800-990-9105 I, 93 UP 6 ALAN S. KLEIN, Petitioner V. JENNIFER L. JONES, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3331 CIVIL TERM CIVIL ACTION - LAW CUSTODY NOTICE. AND ORDER TO APPEAR Legal proceedings have been brought against you alleging you have willfully disobeyed an order of court for partial custody. If you wish to defend against the claim set forth in the Petition For Civil Contempt For Disobedience Of Custody Order, you may but are not required to file in writing with the court your defenses or objections. Whether or not you file in writing with the court your defenses or objections, you must appear in person in court on at _M., in Courtroom at IF YOU DO NOT APPEAR IN PERSON, THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST. If the court finds that you have willfully failed to comply with its order for partial custody, you may be found to be in contempt of court, and committed to jail, fined or both. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUR WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 BY THE COURT: Date: J. ALAN S. KLEIN, Petitioner V. JENNIFER L. JONES, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3331 CIVIL TERM CIVIL ACTION - LAW CUSTODY PF.111I0N FOR CIVIL, CONTEMPT Feld DISOBEDIENCE O f l iSTODV ORDER AND NOW comes the Petitioner, Alan S. Klein, by and through his counsel, Thomas S. Diehl, Esquire, who respectfully represents the following: 1. The Petitioner, Alan S. Klein, is an adult individual currently residing at 358 East High Street, Belfonte, Centre County, Pennsylvania. 2. The Respondent, Jennifer L. Jones, is an adult individual currently residing at 1711 Market Street, Apartment 1, Camp Hill, Cumberland County, Pennsylvania. 3. The parties are the parents of Justine Ryan Jones, bom July 17, 1990 who is subject to a Custody Order dated July 14, 1999 entered by the Honorable Judge Kevin A. Hess, a true and correct copy of which is attached as Exhibit'A'. 4. In summary, the Order of July 14, 1999 provides primary residential custody with the Respondent with partial custody of the child being extended to the Petitioner on alternating weekends. 5. Respondent has willfully failed to abide by the order in that: a) On Friday, August 20, 1999 the Petitioner contacted the Respondent in order to exercise a regularly scheduled weekend of partial custody. The Respondent, however, indicated that the child would not lie released into the care of the Petitioner; b) Moreover, the Respondent indicated that she would not release the child into the care of the Petitioner for the weekend of Friday, September 3, 1999. C) The Petitioner has not exercised custody of the child since Sunday, July 25, 1999. 6. In pursuit of his rights regarding custody under the existing Order, the Petitioner has had to retain the services of Thomas S. Diehl, Esquire. 7. The Respondent's obdurate behavior has taken place less than five weeks after the entry of the existing custody Order. WHEREFORE, the Petitioner respectfully requests that this Honorable Court hold the Respondent in contempt of Court, award the Petitioner attorney's fees, and grant such other relief as the Court deems appropriate. Respectfully submitted, Dated: August 26, 1999 G,. /????? homas S. Diehl Attorney for the Petitioner 401 East Louther Street, Suite 103 Carlisle, Pennsylvania 17013 (717) 240-0833 (717) 249-2407 - FAX EXHIBIT A ALAN S. KLEIN, Plaintiff VS. JENNIFER L. JONES, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, pENNSAVANIA NO. 99-3331 CIVIL TERM CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND , consideration off the lattac custody Concil t 1999' upon and directed as nor Re t follows: port, it is ordered 1• The prior Orders entered by the in this matter shall continue in York County Court of Common Pleas effect as modified b this Order, by the provisions of 2. The Father, Alan S. Klein, and the Mother, Jennifer shall share or alternate having custody of daughter, Jones, born Jul their L. Jones, y 17, 1990 over holidays as follows: Justine Ryan A' ?ISTI_A, The Christmas holiday shall be divided into Segment A, which shall run the Christmas from the last day a school before and segment B, holiday break through December 26 at 2:00 p.m„ which shall run from December 26 at 2:00 p.m through January 2. d The Mother shall have custody of the Chil during Segment A in odd numbered years and during segment B:in even numbered years. The Father shall have custod Child during Segment A in even y of the numbered years and during Segment B in odd numbered years. B. ALTERNATING HOLIDAYS: The custody of the Child over the following h yalternate having with the Father having custody of the Child on July 4th beginning 1999: Easter, Memorial Day, July 4th, Labor Day, and Thanksgiving. The Thanksgiving holiday shall run from the Wednesday evening before Thanksgiving through the following Sunday. The Easter, Memorial Day and Labor Dal, holidays shall run from Friday through Monday. In the event the July 4th holiday falls on a 'weekend or immediately preceding or following a weekend, the period of custody shall include the entire weekend including the holiday. C' MOTHER'S DAY/FATHER'S DAY: The Mother shall have custody of the Child every year on the Mother's Day weekend from Friday through Sunday and the Father shall have custody of the Child every year on the Father's Dal, weekend from Friday through Sunday. D. THE CHILD'S BIRTHDAY: The parties shall alternate having custody of the Child over her birthday in July each year. The Father shall schedule his periods of summer custody under paragraph 4 of this Order in accordance with this provision. E. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 3. The parties 'shall share having custody of the Child during the remainder of the summer school break in 1999 as previously agreed between the parties. 4. Beginning in 2000, the Father shall have custody of the Child for 5 weeks during each summer school break. Two of the 5 weeks may be scheduled consecutively with the other three weeks to be non-consecutive. During the summer school break in 2000 only, the Father shall not remove the Child from the local area of his residence for more than 9 days during the two consecutive week period of custody so that the Child is in the Father's local area for the last 5 days of the two consecutive week period. The summer custody schedule shall begin the first full week after termination of the school year and shall end prior to the first full week before the new school year resumes. The alternating weekend custody schedule during the school year shall be suspended for the duration of the summer custody schedule. The Father shall have preference for his selection of the 5 weeks of summer custody if he provides notice to the Mother of the scheduled weeks by April 1. After April 1, the Mother shall be entitled to select her own vacation times and schedule a camp program for the Child. 5. The return time for exchanges of custody shall be 6:00 p.m. when the Child has school the following day and shall be 7:30 p.m. when the Child does not have school the following day. 6. During the school year, the Father shall be responsible to provide all transportation for exchanges of custody. When the summer custody schedule is in effect, the party receiving custody of the Child shall be responsible to provide transportation. When the Mother is providing transportation for the return of the Child under this provision during the summer, the exchange time shall be adjusted so that the Child is returned to the Mother's residence by 7:30 p.m. 7. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: Thomas S. Diehl, Esquire - Counsel for Father f0 rt F?1 ?'??} William Andring, y h.;orJ Esquire - Counsel for mother 19 `l.Y.. I hereby certify this 26th day of _ Agenrnist , 1999, that a true and correct copy of the foregoing document was served on the following individual at the below listed address by first class, postage prepaid mail to: William H. Andring, Esquire 248 Creek Road Camp Hill, PA 17011 i B Thomas S. Diehl, Esq. Attorney for the Petitioner 401 East Louther Street Suite 103 Carlisle, Pennsylvania 17013 (717) 240-0833 IrJ n tt a'i7 L CJ c"I Cl C? ! %W,M11CHIM' Thomm S Diehl 401 1 yc'. 1111111117 SW smtc IUl Curlrslc. P??InvJtn11m 171113 I ekj6w Ol7124(I+Ml4 • I4\11111)41:4.11 1 ? r _ r/ August 5, 1999 Thomas S. Diehl, Esq. 401 East Louther Street, Suite 103 Carlisle, PA 17013 Re: Klein v. Jones Dear Attorney Diehl: I am in receipt of your letter of July 26, 1999, concerning the visitation schedule for the remainder of the summer for Justine R. Jones, and have reviewed the matter with my client. The Order entered by Judge Hess provides that the parties shall share custody for the remainder of the 1999 summer school break as previously agreed to by the parties. It is my understanding that the parties had agreed upon a visitation schedule, pursuant to which Mr. Klein has had visitation for the past seven consecutive weekends. This period has also included one visit of nine consecutive days. Ms. Jones has had virtually no weekend time or extended, uninterrupted time with her daughter since school ended but, pursuant to the agreement of the parties, was to have Justine for all of the weekends for the remainder of the summer. As this is her understanding of the agreement of the parties, it is this schedule which she intends to follow. Ms. Jones has further indicated to me that Mr. Klein has friends in the Harrisburg area, and does not work regularly. Therefore, she would be willing to consider the possibility of his coming to Harrisburg on several week days and visiting with Justine during the remainder of the summer. If he wishes to pursue this option, please advise me so that we can arrange appropriate times and conditions for such visitation. Thank you for your cooperation in this matter. If you have any questions, please contact me. Very truly yours, WILLIAM H. ANDRING SUMMER 1999 CUSTODY SCHEDULE June 11 - 13 Father's Weekend June 18 - 20 Mother's Weekend Father's Custody June 20 Father's Day Holiday June 25 - 27 Father's Weekend Father's Custody July 2 - 4 Mother's Weekend Father's Custody July 4 Father's Holiday July 9 - 11 Father's Weekend ...................... July 16 - 18 Mother's Weekend Father's Custody July 17 Birthday July 23 - 25 Father's Weekend Father's Custody July 30 - August 1 Mother's Weekend August 6 - 8 Father's Weekend Mother's Vacation August 13 - 15 Mother's Weekend August 20 - 22 Father's Weekend Mother's Custody August 27 - 29 Mother's Weekend Mother's Custody Sept. 3 - 5 Father's Weekend Mother's Custody Sept. 6 Mother's I loliday _ `r i f .9 S l? u, Jz r?,i?i99 - 9-t >u- ga;le7yy ,?j ?1't.c1.7 /??1.c. ??c,?' •f wt. u,? oft ??-c.??rJ ? tj: cra?,r ,i? Licrrn.P ?U? C-L1:Ce-iJ ??? ??, ?'?•eca?'r-y' .?L'"c -2,CZy GL.? ZI.'-3 m e Xit 4' i c?rc y 7. ? Ct ?t G( ¢?% + - ALL ?'' 3 a/s ? Cyt ??c?-f' ?c.?.?-f'? . ? ??L'L •'? G?`Zf?G .?./e??C'X J??er.,l ?Otl/m 4r7n 1 71 Lay ,2( tL.?cn}C.i x % /?j ts: ?tAJ Cc t f v 1 1t ??' ex- y,?2•>?G `iZt? ? J t fi /L ,2t. ac r °e J12 Lt &L pCe r3c GE2 t:? I? C z clc. 7`a ?u ? 9!61-i.C,Zf,LJ /tuC ?,? C?IYI C'?i,vCLLt ?l?i.r'c..t /../'?C lL4/ (?(.YLC?L'i?.(?G?'??. -1 4'-???+??.`:._ aw rc.st.c ,..?1•+'tvc. -. _. -._ , ?J a'??/2?' Gl,.c-T' ?'-'? ?G,cy '2.9ria.?.t.%y? v7t ,,d/c.C tC'?/ C' C " , yi/ZL))t./'ri.LRJ._. C:K.?,?w?. ? lL'?:?c?'? ?:..?GZ xJ.l/iC..i:i'Lt-'L/? /?Y+?1 ?,/T'/ '?u?i 7?-?t. ?LCt-Irtc-`?C .,c''"` ?/`-''.'L Cat.r,c.? July 16,1999 Dear Jennifer: This letter is confirm Justine's schedule for (Ile month of August. III past letters, you have to'(' rile "hat JUslllle is unavailable to visit with Ille (rani .IUIy 31- August IS"' and August 22-30"'. I agree to give uP Illy August 6-8, 1999 weekend to enable her to go oil vacation with you. She will spend my cuslodial weekend of August 20-22,1999 with 111c. I will pick her up Friday file 20"' al camp. I would like to point out that even with this compromise we made, she will still be scparaled from 'Ile for four weeks prior to the August 20"' weekend. Please try to schedule your vacation tinlc weekend will' her in the future with more care. The earliest you have Icft open io replace the August 6-8"' weekend is Scplcntllcr 10- 12"'. 1 would like to have Justine for that weekend. I would also like to have vl itinerary for Justille will) phone August 30"'. Thank numbers where 1 can reach Ile" front July 31- you. Sincerely, ? v Alan ALAN S. KLEIN, Petitioner V. JENNIFER L. JONES, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3331 CIVIL TERM CIVIL ACTION - LAW CUSTODY AMENDMF,NT TO PETITION FORCIV11. CONTEMPT FOR DISOBEDIENCE OF ('1 JSTODV ORDER AND NOW comes the Petitioner, Alan S. Klein, by and through his counsel, Thomas S. Diehl, Esquire, who respectfully requests that the Petition for Civil Contempt for Disobedience of Custody Order be amended to include the following: 1. A Petition for Civil Contempt for Disobedience of Custody Order was tiled on August 26, 1999, attached hereto as Exhibit `B.' 2. The Petitioner subsequently contacted his counsel, Thomas S. Diehl, Esquire, requesting the Petition to be amended. 3. In addition to the facts averred in the original Petition, the Respondent has willing failed to abide by the order in that: a) The Respondent failed to share in the transportation of the child as required by the July 14,1999 Court Order on the weekend of July 23-25, 1999. b) On July 20, 1999, six days after the Order was issued, the Respondent sent the Petitioner a letter, attached herein as Exhibit `C', indicating that she would not release the child to him 1'or any period of scheduled custody during the month of August, in direct violation of the Order. c) Subsequently, on Friday, August 6, 1999 the Respondent refused to release the child into the custody of the Petitioner for his regularly scheduled weekend of Ixartial custody. d) The Petitioner was not able to exercise his regularly scheduled weekend of September 3-5, 1999 due to the holiday schedule. Respectfully submitted, Dated: September 10, 1999 Attorney for the Petitioner 401 East Louther Street, Suite 103 Carlisle, Pennsylvania 17013 (717) 240-0833 (717) 249-2407 - FAX EXIIIBIT B ALAN S. KLEIN, I'elilioner IN TI IE COURT OF COMMON PLEAS OF CLJMIII,IZI,AND COUNTY. PENNSYLVANIA NO. 99-3331 CIVILTERM JUNNIFI R I-IONHS, CIVIL ACTION- LAW Respondent CUSTODY C) lA C, ?An i)r I':) "?iI? Legal proceedings have been brought against you alleging you have willfully disr yed dr-I order of,coru't for parlial custody. II' you wish to defend against the claim set Forth in the Petition For Civil` Cony" pl_htif Disobedience Or custody older, you may bill are not required to file in writing witti be E rt your delcnses or objeetions. Whether or not you file in writing with the court your defenses or objections, you must at _- - __.M., in Courtroom appear in person in cuurl un at if' YOU DO NOT APPEAR IN PERSON, TI Ili COURT MAY ISSUE A WARRANT FOR YOUR ARREST'. If the court finds that you have willfully railed to comply with its order for partial custody, you may, be found to be in contempt ol'court and committed to jail, fined or both. YOU Si IOULD T'AKE'I'I IIS PAPER TO YOU It L.AWYFR AT ONCE. IF YOU DO NOT HAVE A LAW YER OR CANNOTAFFORD ON 1-1, GO T'O Olt T ELEPI IONS TI IL OFFICE SET FORTI I FIELOW TO FIND OUR WI II:RI YOU CAN GHT LEMAL I IELP. Cumberland County Ear Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 BY TI II; COURT: Date: _ ..-,......... - ---- --- - J. M. ALAN S. KLHIN, IN1I IId C0t1R'I.01" COMMON PIXAS Of- Petitioner' CUM11FRl.AND COUN'T'Y, PENNSYLVANIA V. NO.99-3331 CIVII.'11iiZM JENNIFER l.. ,lONI?S, CIVIL ACTION -- LAW Respondent CUSTODY - n -T; c. rA PETITION FOR (7IV11. CON'I ENIPT FOR 1111?(1131.1711+tiNµl; NI OF (71 IST01m, ollmm jjIn ?a AND NOW comes the Pelilionei, Alan S. Klein, by and through his camn's6l, Thbnltw.°.S. Diehl, l3squiie, %%ho iespec(fi lly represents the IbIlowing: I. The Peti(ioner, Alan S. Klciu, is an adult individual currenly residing at 358 East ligh Street, 13clibn1c, Centre County, Pennsyhania. 2. The Respondent, ,Icnnilcr L. ,tones, is an adult individual currently residing at 1711 Markel Street, Apar(menl I, Camp I fill, C'umbeilaud County, Pennsylvania. 3. The parties arc file parents orlustine Ryan ,tones, horn July 17, 1990 who is subject to a Custody Older dated July Id, 1999 entered by the I lonorable Judge Kevin A. I less, a true and correct copy ollvhich is allachcd as I?xlribil'A'. d. In sununary, the Order ol'.luly Id, 1999 provides primary residential custody with the Reslwndeut with pailial custody of the child being extended to the Pcliliouer on allernaling weekends. S. Rcstwn(Icnl has willfully liriled to ahide by the order is Ihat_' :I) ()it Friday, Augusl 20, 1999 (he Petitioner conlacled file Rcslxmdem in order to exercise a iegulaily scheduled weekcod or partial custody. The Reslwndenl, howcccf.. indicated that the child %%ould not be released info the care orllic Petitioner, b) Moreover, (lie Reslwndenl indicated Thal she would not release the child into the cane ol'llw Pelitioner lbr the weekend ol'Ividay, September 3, 1999. C) The Pelitioner has not exercised custody of the child since Sunday, July 25, 1999. 6. In pursuit of his rights Iegaiding custody under the existing Order, the Petitioner has had to rclain the services of'I homas S. Diehl, Fsquire. 7. 'fire Respondent's obdtale behavior has taken place less than five weeks alter the entry of the existing custody Order. will?REFORF, Ilse Petitioner lespeellidly lequesls that this Honorable court hold the Respondent in contempt of Cott, award the Pelitioner attorney's revs, and grant such other relief as the Courl dewus appropriate. Respectfully submitted, h aled: , 1999 ?'I mas S. Diehl Z110 Allornev for the Petitioner 401 Last Loulher Street. Suite 103 Carlisle, Pennsylvania 17013 (717) 240-0833 (717) 249-2407 -- FAX IS\IIIIII ' A ALAN S. KLEIN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. N0. 99-3331 CIVIL TERM JENNIFER L. JONES, Defendant CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this _ day of l?i,(; and i directed of the attaced Custody ConctioH Re 1999, upon and directed as follows: h port, it is ordered 1. The Prior Orders entered by the York County court in this matter shall continue in effect as modified by of Common Pleas this Order. the provisions of Father, Alan S. Klein, and the Mother, 2. The Jennifer L. Jones, shall share or alternate having custody of their daughter, Justine Ryan Jones, born July 17, 1990 over holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from the last day of school before the Christmas holiday break through December 26 at 2:00 p.m., and Segment B, which shall run from December 26 at 2:00 p.m, through January 2. The Mother shall have custody of the Child* during segment A in odd numbered years and during Segment B in even numbered years. The Father shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. B• ALTERNATING HOLIDAYS: Tile Gust parties shall alternate having ody of the Child over the following holidays, , beginning with the Father having custody of the Child on July 9th in 1999: Easter, Memorial Day, July 9th, Labor Day, and Thanksgiving. Tile Thanksgiving holiday shall run from the Wednesday evening before Thanksgiving through the following Sunday. Tile Easter, Memorial Day and Labor Day holidays shall run from Friday through Monday. In the event the July 4th holiday falls on a weekend or immediately preceding or following a weekend, the period of custody shall include the entire weekend including the holiday. C. V10n)ER'S DAY/FATHER'S DAY: The Mother shall have custody of the Child every year on the Mother's Day weekend from Friday through Sunday and the rather shall have custody of the Child every year on the Father's Day weekend from Friday through Sunday. D. cu17113 CHILD'S BIifPiilu_ The parties shall alternate having ody of the Child over her birthday in July each year. The Father shall schedule his periods of summer custody under paragraph 9 of this Order in accordance with this provision. E. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 3. The parties 'shall share having custody of the Child during the remainder of the summer school break in 1999 as previously agreed between the parties. 9. Beginning in 2000, the Fattier shall have custody of the Child for 5 weeks during each summer school break. Two of the 5 weeks may be scheduled consecutively with the other three weeks to be non-consecutive. During the summer school break in 2000 only, the Father shall not remove the Child from the local area of his residence for more than 9 days during the two consecutive week period of custody so that the Child is in the Father's local area for the last 5 days of the two consecutive week period. The summer custody schedule shall begin the first full week after termination of the school year and shall end prior to the first full week before the new school year resumes. The alternating weekend custody schedule during the school year shall be suspended for the duration of the summer custody schedule. The Father shall have preference for his selection of the 5 weeks of summer custody if he provides notice to the Mother of the scheduled weeks by April 1. After April 1, the Mother shall be entitled to select her own vacation times and schedule a camp program for the Child. 5. The return time for exchanges of custody shall be 6:00 p.m. when the Child has school the following day and shall be 7:30 p.m. when the Child does not have school the following day. 6. During the school year, the Father shall be responsible to provide all transportation for exchanges of custody. When the sunnier custody schedule is in effect, the party receiving custody of the Child shall be responsible to provide transportation. When the Mother is providing transportation for the return of the Child under this provision during the summer, the exchange time shall be adjusted so that the Child is returned to the Mother's residence by 7:30 p.m. 7. The parties may modify the provisions of this order by mutual consent. In the absence of mutual consent, the terns of this order shall control. By THE QXRT, cc: Thomas S. Diehl, Esquire - Counsel for Father William Andring, Esquire - Counsel for Mother r l -ik l t ;;t; 1 f,.ih11,1 fJly C7sILIMCATE,OF RVAIVIC'R, I hereby ccrlily this __26th.__daY 1999, that a true and correct copy of the foregoing document was served on the following individual at the below listed address by first class, postage prepaid nail to: William 11. Andring, Esquire 248 Creek Rond Camp hill, PA 17011 i V BL2 'rhomas S. Diehl, Esq. Attorney for the Petitioner 401 East Loulher Street Suite 103 Carlisle, Pennsylvania 17013 (717) 240-0833 E\IIIBIT C July 20, 1999 Dear Alan, Regarding the upcoming weekend (July 23, 1999),1 expect you to return Justine to my residence at 7:30 p.m. on Sunday, July 25, 1999. This is in accordance with the court order. I will remind you that after the upcoming weekend, Justine will have been with you for seven consecutive weekends since the end of school. Therefore she will be with me throughout the month of August. Your next custodial weekend will be the weekend of September 18, 1999. The September 4, 1999 weekend will be mine due to the holiday. Thank you for your cooperation in these matters. I hereby certify this 100' day of September, 1999, that a true and correct copy of the foregoing document was served on the following individuals at the below listed address by first class, postage prepaid mail to: William H. Andring, Esquire 248 Creek Road Camp Hill, PA 17011 Dawn S. Sunday, Esquire 39 West Main Street, Suite 1 Mechanicsburg, PA 17055-/? Esq. Attorney for the Petitioner 401 East Louther Street Suite 103 Carlisle, Pennsylvania 17013 (717) 240-0833 ; ? ?I ? ? 1 't i1 l ' -, l l it ? .. _1 tU 1,. :.I. ? ? I.c?. i ?..i nn. i ?.?r?.l I ?. 'I ALAN S. KLEIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - CUSTODY NO. 99-3331 CIVIL. TERM JENNIFER L. JONES, Defendant : IN CUSTODY AFFIDAVIT OF SERVICE AND NOW, this 9) day of JLIw-C- , 1999, comes Thomas S. Diehl, Esquire, Attorney for Plaintiff, Alan S. Klein, and states that he personally mailed a certified copy of a Petition For Modification Of Custody and cover letter to the Defendant, Jennifer L. Jones, at 1711 Market Street, Apt. 1, Camp Hill, Cumberland County, Pennsylvania by certified mail, restricted delivery, return receipt requested. A copy of said receipt is attached hereto indicating service was made on June 10, 1999. Thomas S. Diehl, Esquire 401 East Louther Street Suite 103 Carlisle, PA 17013 (717) 240-0833 a i Z 339 070 472 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for Inlestalional Mail (See reverse) V) rn c S Pa IL _ a Deal to r Chang s oe.es Shbi uI rhbrk-&?, A I Prince, Stele A 7n, ode t , -? rnsinge. $ , 1 Codified Fee v Special Delivery Fee Rostrided Delivery Fee 'l Rolum Recoipl Showing to Whom A Dale Delivered . L 5 Relent Recepd Slewng to iVhon. Dale, It Addirmeei Adders TOTAL Pomage A Fee v PeSimark Of Date ?'. U ?? t g Q s 15 a SENDER: I also wish to receive the • Complete Hama 1 and/or 2 for Sddllloral SaMaS. 8 Complete names. <e, and ab. y.y following services (for an e card r nsnr Snd SOdnu on tln 'MoGg''? '?' this e>Rra (ee): Punt myo.u6 1? Attach tIT •Apeem to the front or Me maC om • =Znerum necw negwst d'on the?i r? l umbe, 2. K Resldded Delivery ¦ The natum Recelpt wdn Show to Whom M v ne data delindrd. 9. AAlde Addressed lo: J?Wht: ?J Le Jt??fs ?. (ill 1't'tar?tG?' S?'e Ca1..?o k{? l 1 ? ! 7a? t 5. Received By: (Print Name) 0. signal ()e: (Addressee or Agent) .2 PS Font 3811, December 7 DLI rillied ? Insured erctuu)d se ? COD ass (Only It rer)uestod tozsesuettaus Domestic I ?' Cv - 1 ? . I ? 'I J LI. ' f: 1 Ll (^1 'a 1 I September 13, 1999 Alan, Please be advised that Justine and my mom will be going to Philadelphia the weekend of December 11, 1999. Lisa and Chris' mother- in -law has purchased tickets for the Broadway show, The Lion Ring. Please let me know when you would like to make up that weekend. I will check and let you know if it suits Justine's schedule. Thank you for your cooperation September 16,1999 Jennifer: I received your letter dated September 13,1999. Please be advised, that you may not take away my custodial weekend without my consent. I would recommend that in the future, you ask if we can switch weekends instead of order it. I will always do my best to insure that Justine has quality time with your relatives, as I have done in the past.. Despite your approach to this issue, I will agree to swtch the weekend of December 10-12th with the weekend of December 17 19th. This is the only weekend which would insure us not being separated for an extended pericd of time. On the matter of you checking this with "Justine's schedule", I would like to point out that as a nine year old, "Justine's schedule" is what you arrange for her, thus it is more your schedule. I believe that this being the case, if you want to arrange for her to do something on my weekend, you must be willing to rearrange "Justine's schedule" with you, just as you are asking me to do. I have a schedule for Justine also, which I arrange according to my custodial weekends. For example, the weekend of August 20-22, Justine missed Claire's birthday party (a little girl she met at camp) when you would not allow her to visit with me. The party was specifically scheduled on my custodial weekend so that Justine could attend,. If the above proposed switch does not suit "Justine's schedule" then, I am sorry but I can not accommodate your request at this time. Sincerely, Alan September 21, 1999 Alain, It is not my intent to "take away" custodial weekends from you and Justine. I feel this is a great opportunity for her to see one of the best Broadway shows around. I would hope, for her sake, you could appreciate that. You should also know that'efforts were made to pirchase tickets for a date that would not conflict with your weekends , and , of course, av ilability was the other factor. I believe that three months notice is more than sufficient. Therefore, it shows that I am consulting with you on the matter, and it was suggested that you select another weekend to make up for that time. I would also hope that you could appreciate and respect the fact that Justine does have her own schedule consisting of girl scouts, softball, chorus, flute lessons and many other school activities and functions in which she is involved. This is her home, and she decides to be involved in the community and school. Your suggestion that her activities are a part of "my schedule" is absolutely absurd. I always have Justine's best interest in mind, and have never denied you adequate (or more) time with her. Any rearrangement of weekends will only prove to be best for her. I expect that from time to time we will both have this type of request, and I will certainly be reasonable as I have in the past. I will continue to encourage Justine in any activities in which she wants to participate, as they have proven to be educational, enriching, and fun for her. We will then switch the Dec. 10-12 weekend for Dec. 17-19, 1999. ALAN S. KLEIN, Plaintiff V. JENNIFER L. JONES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.99-3331 CIVILTERM CIVIL ACTION - LAW CUSTODY AND NOW, this __ day of 1999, upon within Motion, IT IS HEREBY ORDERED, that a Pre- 'al Conference in the ab matter is hereby scheduled for 1999 at7 in the Chambers of the Honorable Courthouse, Carlisle, Pennsylvania. A Pre-Trial Memorandum shall be fumished to the o Conference pursuant to Cumberland County Civil Rule No. 2 Failure of a party or legal counsel to appear upon notii Conference in his or her absence and the entry of an Order of of the absent party. BY THE K C7 ?- fi SS LA-P of the ,e-captioned custody Cumberland County the scheduled Pre-Trail 1 result in the holding of the that may be to the detriment J. ALAN S. KLEIN, Plaintiff V. JENNIFER L. JONES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99•3331 CIVIL TERM CIVIL ACTION - LAW CUSTODY MOTION OF SCHEDi1LING A PRE-TRIAL CONFERENCE AND NOW, comes Thomas S. Diehl, Esquire, legal counsel for the above-captioned Plaintiff and moves the Court as follows: 1. A Conciliation Conference in the above-captioned matter was held on July 1, 1999 at 3:00 p.m. 2. A Report of the Conciliation Officer was prepared by the Conciliator and filed on record on July 6, 1999. 3. The undersigned legal counsel hereby certifies that no court-ordered directives were required and the matter is now ready for a hearing. 4. Attached herein as Exhibit `A' is a proposed custody order submitted by the Plaintiff. 5. Notification of this Motion has been given to William Andring, Esquire, attorney for Defendant, by mailing a copy of the same simultaneously with filing of the Motion. WHEREFORE, it is respectfully requested that an Order be entered by the Court scheduling a Pre-Trial Conference. Respelly'submitted? Date: August 17, 1999 C, Thomas S. Diehl Attorney for Plaintiff 401 East Louther Street, Suite 103 Carlisle, Pennsylvania 17013 (717) 240-0833 VERIFICATION I verify that the statements made in this Motion are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §.4909 relating to unswom falsification to authorities. A Date: August 17, 1999 J'/ V ? omas S. Diehl, Esquire EXHIBIT A ALAN S. KLEIN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 9903331 CIVIL TERM JENNIFER L. JONES, CIVIL ACTION -LAW Defendant CUSTODY ORDER OF COURT AND NOW, this day of 1999, upon consideration of the attached Motion, it is ordered and directed as follows: I. The prior Orders entered by the York County Court of Common Pleas in this matter shall continue in effect as modified by the provisions of this Order. 2. The Father, Alan S. Klein, and the Mother, Jennifer L. Jones, shall share or alternate having custody of their daughter, Justine Ryan Jones, born July 17, 19990 over holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from the last day of school before the Christmas holiday break through December 26 at 2:00 p.m., and Segment B, which shall run from December 26 at 2:00 p.m. through January 2. The Mother shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. The Father shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. B. ALTERNATING HOLIDAYS: The parties shall alternate having custody of the Child over the following holidays, beginning with the Father having custody of the Child on July 0 in 1999: Easter, Memorial Day, July 4h, Labor Day, and Thanksgiving. The Thanksgiving holiday shall run from the Wednesday evening before Thanksgiving through the following Sunday. The Easter, Memorial Day, and Labor Day holidays shall run from Friday through Monday. In the event the July 4°i holiday falls on a weekend or immediately preceding or following a weekend, the period of custody shall include the entire weekend including the holiday. C. MOTHER'S DAY/FATHER'S DAY: The Mother shall have custody of the Child every year on the Mother's Day weekend from Friday through Sunday, and the Father shall have custody of the Child every year on the Father's Day weekend from Friday through Sunday. D. THE CHILD'S BIRTHDAY: The parties shall alternate having custody of the Child over her birthday in July each year. The rather shall schedule his periods of summer custody under Paragraph 4 of this Order in accordance with this provision. E. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 3. The parties shall share custody of the Child during the remainder of the summer school break in 1999 as previously agreed between the parties. 4. Beginning in 2000, the Father shall have custody of the Child for five (5) weeks during each summer school break. Two of the five weeks may be scheduled consecutively with the other three weeks to be non-consecutive. During the summer school break in 2000 only, the Father shall not remove the Child from the local area of his residence for more than nine (9) days during the two-consecutive-week period of custody so that the Child is in the Father's local area for the last five days of the two-consecutive-week period. The summer custody schedule shall begin the first full week after termination of the school year and shall end prior to the first full week before the new school year resumes. The alternating weekend custody schedule during the school year shall be suspended for the duration of the summer custody schedule. The Father shall have preference for his selection of the five (5) weeks of summer custody if he provides notice to the Mother of the scheduled weeks by April 1". After April 1", the Mother shall be entitled to select her own vacation times and schedule a camp program for the Child. 5. The pick-up time for exchanges of custody for regularly scheduled, alternating weekends shall be on Fridays, after school, at 2:50 p.m. The return time for exchanges of custody shall be 6:00 p.m. when the Child has school the following day and shall be 7:30 p.m. when the Child does not have school the following day. 6. The parties shall equally share the responsibility for providing transportation for exchanges of custody, either by selecting a mid-point exchange of custody for all exchanges or by having the party receiving custody of the Child provide transportation for the exchange. 7. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control BY THE COURT: J. C" N r? ==: _. m. j CJ G U I \N nllli'L?tl Thomas S Dichl 7u1 1 x1111-110hl SIMVI, tiUIIC I"' I lu L.lc Polnn\hmou 17.111 AUG 1 9 1999 .` ALAN S. KLEIN, Plaintiff V. JENNIFER L. JONES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3331 CIVIL TERM CIVIL ACTION-LAW CUSTODY ORDER OF C0I1WF FOR PRE-TRIAL CONFERENCE AND NOW, this day of 1999, upon consideration of the within Motion, IT IS HEREBY ORDERED, that a Pre-Trial Conference in the above-captioned custody matter is hereby scheduled for _ 1999 at __.M., in the Chambers of the Honorable Cumberland County Courthouse, Carlisle, Pennsylvania. A Pre-Trial Memorandum shall be furnished to the Court prior to the scheduled Pre-Trail Conference pursuant to Cumberland County Civil Rule No. 2124. Failure of a party or legal counsel to appear upon notice shall result in the holding of the Conference in his or her absence and the entry of an Order of Court that may be to the detriment of the absent party. BY THE COURT: J. ALAN S. KLEIN, Plaintiff V. JENNIFER L. JONES, Defendant IN TI IE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3331 CIVIL TERM CIVIL AC'T'ION - LAW CUSTODY MOTION OF SCHEDULING A PRE-TRIAL CONFERENCE AND NOW, comes Thomas S. Diehl, Esquire, legal counsel for the above-captioned Plaintiff and moves the Court as follows: 1. A Conciliation Conference in the above-captioned matter was held on July 1, 1999 at 3:00 p.m. 2. A Report of the Conciliation Officer was prepared by the Conciliator and filed on record on July 6, 1999. 3. The undersigned legal counsel hereby certifies that no court-ordered directives were required and the matter is now ready for a hearing. 4. Attached herein as Exhibit `A' is a proposed custody order submitted by the Plaintiff. 5. Notification of this Motion has been given to William Andring, Esquire, attomey for Defendant, by mailing a copy of the same simultaneously with filing of the Motion. WHEREFORE, it is respectfully requested that an Order be entered by the Court scheduling a Pre-Trial Conference. Date: August 17, 1999 Respectfulty'submittedy/` C?Z 1 homas S. Diehl Attorney for Plaintiff 401 East Louther Street, Suite 103 Carlisle, Pennsylvania 17013 (717) 240-0833 VERIFICATION I verify that the statements made in this Motion are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4909 relating to unswom falsification to authorities. F Date: August 17, 1999 ?-" omas S. Diehl, Esquire F,XIIIIIIT A ALAN S. KLEIN, PlaintilT V. JENNIFER L. JONES, Defendant IN 'I'1 IE COURTOF COMMON PLEAS OF CUM1313RLAND COUNTY, PENNSYLVANIA NO. 9903331 CIVILTERM CIVIL AC'T'ION - LAW CIJS'1'ODY ORDER OF COt11Y1' AND NOW, this _ day of , 1999, upon consideration of the attached Motion, it is ordered and directed as follows: 1. The prior Orders entered by the York County Court of Common Pleas in this matter shall continue in effect as modified by the provisions of this Order. 2. The Father, Alan S. Klein, and the Mother, Jennifer L. Jones, shall share or alternate having custody of their daughter, Justine Ryan Jones, born July 17, 19990 over holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A. which shall run from the last day of school before the Christmas holiday break through December 26 at 2:00 p.m., and Segment B, which shall run from December 26 at 2:00 p.m. through January 2. The Mother shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. The Father shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. B. ALTERNATING HOLIDAYS: The parties shall alternate having custody of the Child over the following holidays, beginning with the Father having custody of the Child on July 4e,' in 1999: Easter, Memorial Day, July 4°i, Labor Day, and Thanksgiving. The Thanksgiving holiday shall run from the Wednesday evening before, Thanksgiving through the following Sunday. The Easter, Memorial Day, and Labor Day holidays shall run from Friday through Monday. In the event the July 4? holiday falls on a weekend or immediately preceding or following a weekend, the period ofcustody shall include the entire weekend inrIn ing the holiday. C. MO'THER'S DAY/FATHER'S DAY: The Mother shall have custody of the Child every year on the Mother's Day weekend from Friday through Sunday, and the Father shall have custody of the Child every year on the Father's Day weekend from Friday through Sunday. D. 'I'IIE CIIILD'S B110111DAV: The parties shall alternate having custody of the Child over her birthday in July each year. The Father shall schedule his periods of summer custody under Paragraph 4 of this Order in accordance with this provision. E. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 3. The parties shall share custody of the Child during the remainder of the summer school break in 1999 as previously agreed between the parties. 4. Beginning in 2000, the Father shall have custody of the Child for five (5) weeks during each summer school break. Two of the five weeks may be scheduled consecutively with the other three weeks to be non-consecutive. During the summer school break in 2000 only, the Father shall not remove the Child from the local area of his residence for more than nine (9) days during the two-consecutive-week period of custody so that the Child is in the Father's local area for the last five days of the two-consecutive-week period. The summer custody schedule shall begin the first full week after termination of the school year and shall end prior to the first full week before the new school year resumes. The alternating weekend custody schedule during the school year shall be suspended for the duration of the summer custody schedule. The Father shall have preference for his selection of the five (5) weeks of summer custody if he provides notice to the Mother of the scheduled weeks by April 1". After April 1", the Mother shall be entitled to select her own vacation times and schedule a camp program for the Child. 5. The pick-up time for exchanges of custody for regularly scheduled, alternating weekends shall be on Fridays, after school, at 2:50 p.m. The return time for exchanges of custody shall be 6:00 p.m. when the Child has school the following day and shall be 7:30 p.m. when the Child does not have school the following day. 6. The parties shall equally share the responsibility for providing transportation for exchanges of custody, either by selecting a mid-point exchange of custody for all exchanges or by having the party receiving custody of the Child provide transportation for the exchange. 7. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY 'ri IE COURT: J. ALAN S. KLEIN, Plaintiff V.. JENNIFER L. JONES, Defendant IN THE COURTOF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.99-3331 CIVILTERM CIVIL ACTION - LAW CUSTODY ORDER OF COURT FO t PRE-TRIAL CONFERENCE AND NOW, this day of 1999, upon consideration of the within Motion, IT IS HEREBY ORDERED, that a Pre-Trial Conference in the above-captioned custody matter is hereby scheduled 1'or in the Chambers of the Honorable Courthouse, Carlisle, Pennsylvania. 1999 at Cumberland County A Pre-Trial Memorandum shall be furnished to the Court prior to the scheduled Pre-Trail Conference pursuant to Cumberland County Civil Rule No. 2124. Failure of a party or legal counsel to appear upon notice shall result in the holding of the Conference in his or her absence and the entry of an Order of Court that may be to the detriment of the absent party. BY THE COURT: J. ALAN S. KLEIN, Plaintiff V. JENNIFER L. .ZONES, Defendant IN TI lE COURTOF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3331 CIVIL TERM CIVIL ACTION - LAW CUSTODY MOTION OF SCHEDULING A PRE-TRIAL CONFERENCE AND NOW, comes Thomas S. Diehl, Esquire, legal counsel for the above-captioned Plaintiff and moves the Court as follows: A Conciliation Conference in the above-captioned matter was held on July 1, 1999 at 3:00 p. in. 2. A Report of the Conciliation Officer was prepared by the Conciliator and filed on record on July G, 1999. 3. The undersigned legal counsel hereby certifies that no court-ordered directives were required and the matter is now ready for a hearing. 4. Attached herein as Exhibit `A' is a proposed custody order submitted by the Plaintiff. 5. Notification of this Motion has been given to William Andring, Esquire, attorney for Defendant, by mailing a copy of the same simultaneously with filing of the Motion. WHEREFORE, it is respectfully requested that an Order be entered by the Court scheduling a Pre-Trial Conference. Date: August 17, 1999 Respectfully submitted/- Thomas S. Diehl Attorney for Plaintiff 401 East Loulher Street, Suite 103 Carlisle, Pennsylvania 17013 (717) 240-0833 VERIFICATION I verify that the statements made in this Motion are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4909 relating to unswom falsification to authorities. r Date: August 17, 1999 omas S. Diehl, Esquire B. EXIIIIIFF A ALAN S. KLEIN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. i NO. 9903331 CIVIL TERM JENNIFER L, JONES, CIVIL ACTION - LAW Defendant CUSTODY ORDER OF COURT AND NOW, this day of , 1999, upon consideration of the attached Motion, it is ordered and directed as follows: L The prior Orders entered by the. York County Court of Common Pleas in this matter shall continue in effect as modified by the provisions of this Order. 2. The Father, Alan S. Klein, and the Mother, Jennifer L. Jones, shall share or alternate having custody of their daughter, Justine Ryan Jones, bom July 17, 19990 over holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from the last day of school before the Christmas holiday break through December 26 at 2:00 p.m., and Segment B, which shall run from December 26 at 2:00 p.m. through January 2. The Mother shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. The Father shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. B. ALTERNATING H01.IDAYS: The parties shall alternate having custody of the Child over the following holidays, beginning with the Father having custody of the Child on July 4°i in 1999: Easter, Memorial Day, July 40', Labor Day, and Thanksgiving. The Thanksgiving holiday shall run from the Wednesday evening before Thanksgiving through the following Sunday. The Easter, Memorial Day, and Labor Day holidays shall run from Friday through Monday. In the event the July 4"' holiday falls on a weekend or immediately preceding or following a weekend, the period of custody shall include the entire weekend including the holiday. C. MOTHER'S DAY/FATIIER'S DAY: The Mother shall have custody of the Child every year on the Mother's Day weekend from Friday through Sunday, and the Father shall have custody of the Child every year on the Father's Day weekend from Friday through Sunday. D. 'I'llE CHILD'S 11111111 DAY: The parties shall alternate having custody of the Child over her birthday in July each year. The Father shall schedule his periods of summer custody under Paragraph 4 of this Order in accordance with this provision. E. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 3. The parties shall share custody of the Child during the remainder of the summer school break in 1999 as previously agreed between the parties. 4. Beginning in 2000, the Father shall have custody of the Child for five (5) weeks during each summer school break. Two of the five weeks may be scheduled consecutively with the other three weeks to be non-consecutive. During the summer school break in 2000 only, the Father shall not remove the Child from the local area of his residence for more than nine (9) days during the two-consecutive-week period of custody so that the Child is in the Father's local area for the last five days of the two-consecutive-week period. The summer custody schedule shall begin the first full week after termination of the school year and shall end prior to the f irst full week before the new school year resumes. The alternating weekend custody schedule during the school year shall be suspended for the duration of the summer custody schedule. The Father shall have preference for his selection of the five (5) weeks of summer custody if he provides notice to the Mother of the scheduled weeks by April I". After April 1", the Mother shall be entitled to select her own vacation times and schedule a camp program for the Child. 5. The pick-up time for exchanges of custody for regularly scheduled, alternating weekends shall be on Fridays, after school, at 2:50 p.m. The return time for exchanges of custody shall be 6:00 p.m. when the Child has school the following day and shall be 7:30 p.m. when the Child does not have school the following day. 6. The parties shall equally share the responsibility for providing transportation for exchanges of custody, either by selecting a mid-point exchange of custody for all exchanges or by having the party receiving custody of the Child provide transportation for the exchange. 7. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT: J. AUG 1 9 1ggg ALAN S. KLEIN, IN TI IE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA!' V. NO. 99-3331 CIVIL TERM JENNIFER L. JONES, CIVIL ACTION -LAW Defendant CUSTODY ORDER OF COURT FOR PRE-TRIAL CONFERENCE AND NOW, this day of 1999, upon consideration of the within Motion, IT IS HEREBY ORDERED, that a Pre-Trial Conference in the above-captioned custody matter is hereby scheduled for 1999 at _.M., in the Chambers of the Honorable Cumberland County Courthouse, Carlisle, Pennsylvania. A Pre-Trial Memorandum shall be furnished to the Court prior to the scheduled Pre-Trail Conference pursuant to Cumberland County Civil Rule No. 212-4. Failure of a party or legal counsel to appear upon notice shall result in the holding of the Conference in his or her absence and the entry of an Order of Court that may be to the detriment of the absent party. BY THE COURT: J. ALAN S. KLEIN, Plaintiff V. JENNIFER L. JONES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3331 CIVIL TERM CIVIL ACTION - LAW CUSTODY MOTION OF SCHEDULING A PRE-TRIAL CONFERENCE AND NOW, comes Thomas S. Diehl, Esquire, legal counsel for the above-captioned Plaintiff and moves the Court as follows: A Conciliation Conference in the above-captioned matter was held on July 1, 1999 at 3:00 p.m. 2. A Report of the Conciliation Officer was prepared by the Conciliator and filed on record on July 6, 1999. 3. The undersigned legal counsel hereby certifies that no court-ordered directives were required and the matter is now ready for a hearing. 4. Attached herein as Exhibit `A' is a proposed custody order submitted by the Plaintiff. 5. Notification of this Motion has been given to William Andring, Esquire, attorney for Defendant, by mailing a copy of the same simultaneously with filing of the Motion. WHEREFORE, it is respectfully requested that an Order be entered by the Court scheduling a Pre-Trial Conference. Date: August 17, 1999 Respeptfully`submittedy" l C Thomas S. Diehl Attorney for Plaintiff 401 East Louthcr Street, Suite 103 Carlisle, Pennsylvania 17013 (717) 240-0833 VERIFICATION I verify that the statements made in this Motion are true and correct, I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4909 relating to unsworn falsification to authorities. Date: August 17, 1999 (.,- omas S. Diehl, Esquire EXIIIBIT A ALAN S. KLEIN, Plaintiff V. JENNIFER L. JONES, Defendant IN THE COURT' OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.9903331 CIVILTERM CIVIL ACTION - LAW CUSTODY ORDER OF COURT' AND NOW, this day of , 1999, upon consideration of the attached Motion, it is ordered and directed as follows: 1. The prior Orders entered by the York County Court of Common Pleas in this matter shall continue in effect as modified by the provisions of this Order. 2. The Father, Alan S. Klein, and the Mother, Jennifer L. Jones, shall share or alternate having custody of their daughter, Justine Ryan Jones, bom July 17, 19990 over holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from the last day of school before the Christmas holiday break through December 26 at 2:00 p.m., and Segment B, which shall run from December 26 at 2:00 p.m. through January 2. The Mother shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. The Father shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. B. At;FERNATING HOLIDAYS: The parties shall alternate having custody of the Child over the following holidays, beginning with the Father having custody of the Child on July 4°i in 1999: Easter, Memorial Day, July 4'1', Labor Day, and Thanksgiving. The Thanksgiving holiday shall run from the Wednesday evening before Thanksgiving through the following Sunday. The Easter, Memorial Day, and Labor Day holidays shall run from Friday through Monday. In the event the July 4"' holiday falls on a weekend or immediately preceding or following a weekend, the period of custody shall include the entire weekend including the holiday. C. MOTHER'S DAY/FATl1ER'S DAY: The Mother shall have custody of the Child every year on the Mother's Day weekend from Friday through Sunday, and the Father shall have custody of the Child every year on the Father's Day weekend from Friday through Sunday. D. THE CHILD'S BIRTHDAY: The parties shall alternate having custody of the Child over her birthday in July each year. The Father shall schedule his periods of summer custody under Paragraph 4 of this Order in accordance with this provision. E. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 3. The parties shall share custody of the Child during the remainder of the summer school break in 1999 as previously agreed between the parties. 4. Beginning in 2000, the Father shall have custody of the Child for five (5) weeks during each summer school break. Two of the five weeks may be scheduled consecutively with the other three weeks to be non-consecutive. During the summer school break in 2000 only, the Father shall not remove the Child from the local area of his residence for more than nine (9) days during the two-consecutive-week period of custody so that the Child is in the Father's local area for the last five days of the two-consecutive-week period. The summer custody schedule shall begin the first full week after termination of the school year and shall end prior to the first full week before the new school year resumes. The alternating weekend custody schedule during the school year shall be suspended for the duration of the summer custody schedule. The Father shall have preference for his selection of the five (5) weeks of summer custody if he provides notice to the Mother of the scheduled weeks by April I'". After April 1", the Mother shall be entitled to select her own vacation times and schedule a camp program for the Child. 5. The pick-up time for exchanges of custody for regularly scheduled, alternating weekends shall be on Fridays, after school, at 2:50 p.m. The return time for exchanges of custody shall be 6:00 p.m. when the Child has school the following day and shall be 7:30 p.m. when the Child does not have school the following day. 6. The parties shall equally share the responsibility for providing transportation for exchanges of custody, either by selecting a mid-point exchange of custody for all exchanges or by having the party receiving custody of the Child provide transportation for the exchange. 7. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT: J. AUG 1 9 1999,a ALAN S. KLEIN, IN THE COURT OF COMMON PLEAS OF Plaintill' CUMBERLAND COUNTY, PENNSYLVANIA V. NO, 99-3331 CIVIL TERM JENNIFER L. JONES, CIVIL ACTION - LAW Defendant CUSTODY ORDF,R OF COURT' FOR PRE-TRIAL CONFERENCE AND NOW, this day of , 1999, upon consideration of the Motion, IT IS HEREBY ORDERED, that a Pre-Trial Conference in the above-captioned custody matter is hereby scheduled for 1999 at --•M•' Cumberland County in the Chambers of the Honorable Courthouse, Carlisle, Pennsylvania. A Pre-Trial Memorandum shall be furnished to the Court prior to the scheduled Pre-Trail Conference pursuant to Cumberland County Civil Rule No. 212-4. Failure of a party or legal counsel to appear upon notice shall result in the holding of the Conference in his or her absence and the entry of an Order of Court that may be to the detriment of the absent party. BY THE COURT: J. AUG 1 9 19%0 ALAN S. KLEIN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-3331 CIVIL TERM JENNIFER L. JONES, : CIVIL ACTION - LAW Defendant CUSTODY ORDER OF COURT FOR PRE-TRIAL CONFERENCE AND NOW, this day of 1999, upon consideration of the Motion, IT IS HEREBY ORDERED, that a Pre-Trial Conference in the above-captioned custody matter is hereby scheduled for 1999 at _ in the Chambers of the Honorable Cumberland County Courthouse, Carlisle, Pennsylvania. A Pre-Trial Memorandum shall be furnished to the Court prior to the scheduled Pre-Trail Conference pursuant to Cumberland County Civil Rule No. 212-4. Failure of a party or legal counsel to appear upon notice shall result in the holding of the Conference in his or her absence and the entry of an Order of Court that may be to the detriment of the absent party. BY THE COURT: J. AUG 1 9 l99V(t\ ALAN S. KLEIN, : IN TIME COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-3331 CIVIL TERM JENNIFER L. JONES, CIVIL ACTION - LAW Defendant CUSTODY ORDER OF COURT FOR PRE-TRIAL CONFERENCE AND NOW, this day of , 1999, upon consideration of the Motion, IT IS HEREBY ORDERED, that a Pre-Trial Conference in the above-captioned custody matter is hereby scheduled for _ in the Chambers of the Honorable Courthouse, Carlisle, Pennsylvania. 1999 at _.M.' Cumberland County A Pre-Trial Memorandum shall be furnished to the Court prior to the scheduled Pre-Trail Conference pursuant to Cumberland County Civil Rule No. 212-4. Failure of a party or legal counsel to appear upon notice shall result in the holding of the Conference in his or her absence and the entry of an Order of Court that may be to the detriment of the absent party. BY THE COURT: J. rj\ AUG 1 9 l99v ALAN S. KLEIN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-3331 CIVIL TERM JENNIFER L. JONES, CIVIL ACTION - LAW Defendant CUSTODY ORDER OF COURT FOR PRE-TRIAL. CONFERENCE AND NOW, this day of 1999, upon consideration of the Motion, IT IS HEREBY ORDERED, that a Pre-Trial Conference in the above-captioned custody matter is hereby scheduled for 1999 at _.M., in the Chambers of the Honorable Cumberland County Courthouse, Carlisle, Pennsylvania. A Pre-Trial Memorandum shall be furnished to the Court prior to the scheduled Pre-Trail Conference pursuant to Cumberland County Civil Rule No. 2124. Failure of a party or legal counsel to appear upon notice shall result in the holding of the Conference in his or her absence and the entry of an Order of Court that may be to the detriment of the absent party. BY THE COURT: J. AUG 1 .9 ALAN S. KLEIN, Plaintiff V. JENNIFER L. JONES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.99-3331 CIVIL TERM CIVIL ACTION - LAW CUSTODY ORDER OF COURT FOR PRE-TRIAL CONFERENCE AND NOW, this day of Motion, 1999, upon consideration of the IT IS HEREBY ORDERED, that a Pre=trial Conference in the above-captioned custody matter is hereby scheduled for _ in the Chambers of the Honorable Courthouse, Carlisle, Pennsylvania. 1999 at _.M., Cumberland County A Pre-Trial Memorandum shall be furnished to the Court prior to the scheduled Pre-Trail Conference pursuant to Cumberland County Civil Rule No. 212-4. Failure of a party or legal counsel to appear upon notice shall result in the holding of the Conference in his or her absence and the entry of an Order of Court that may be to the detriment of the absent party. BY THE COURT: J. "o narie.'I'hose Who Serve) 1. I?hc I IniicJ Svocs ufAn,crlcu 33 lu,lllu?lllunullnrllllu,l WILLIAM H ANDRING ESQ 248 CREEK ROAD CAMP HILL, PA 1701 1 i7f{?'+,s?J??¢Oyr l.;yR7 r„r r'A ,_ - ?r - r ^ .. ,rM'- -, , !•"P, '.M.7y),e'nA(QCn'l1tM I Ial...... 'I'hnseWhn ScrvcA - '1'mlloitcJ Smics nfAUSric133: L,dILiJIL,,,,dI,dLlydJ THOMAS S DIEHL ESQ 401 EAST LOUTHER STREET SUITE 1 03 CARLISLE, PA 17013 `.va1»i::+rt7.?sN'n+6'wrv?+?a.v>,4wwa.?:w-w.m..w•?.. ..ew.?w:..w wr u..rtri .k r::i?.,:. it .,. ?•.f..;:. .. ,..-, M..nn' i.v..r. atxiidl.x•w..?a.:.?Luv...4.uu.W'w?i±:?pY?.'•. N34si H...... Thnse WhWSI-Wl l w 33 I , r, I I L, ? I I L„I I„r„d L r, 1 1 1 JENNIFER JONES 1711 MARKET STREET APT 1 CAMP HILL, PA 17001 t I .. s. 1 TN "UT COURT uF COIMOM PLEAS OF YORE COUNTY, P NIMS7LVANT.A ALAN S. _CLE_21 VS JTIZiIT_FEB L. JONES No. 01-SU-01:45-03 Civil Action - Law Habeas Corpus 'fort, Pa., Thursday, July 11, 1991 Before Pet^r D. Solymos, Esquire, Pre-Hearing Officer MI r APPEARANCES: C=:7DY S. CONLEY, Esquire For the Plaintiff M7CiiAEL L. BANGS, Esquire For the Defendant REPORT-OF PRE-HEARING COI rERENC This matter has been settled. Respectfully Submitted: 9I.-It", /h^Q ISI PETER Q. 50LYA10S Peter D. Solymos, ZIsqui:n Pre-Hearing Officer ;:mb 7/15/91 .. tJ' .? n 7^: 7 7 :4 i x:2': 111 - all '?efcr? Honricaili°_ iv!rvI .A. :)o--e7r JLid `.!7A 1. ?or the Dea_endaat • i aT # n ? "1 .1ian S. .:J 1t in, t::m Iat:lr_r -e Justine 772n ij0nI 3r *7C_n ?ui1r 17'Zh, 1)'JO, ::r bi`2orC the. Court ieeklari an :1rJet '.-juu:3 aazi-J _m of -a c,,istodv. it l he iz::: 1 ILL.' C.".. O-...Op.."* ILLEGIBLE COPY LL GIBL E COPY ILLEGIBLE COPY L -w*py ILL* A=inear tf! . .?. _.a. on )r! LiI ?hc ?:s-"Ie ._Rq '. E,::u; and t;)2 -aat,nc?, ar. anicah..:, ma _CC. Na'.. Md at. Acc-o-.-i^gly, t. )d .'.Our. L a7.:. the : ?? L??'7? ..: _.. :7:?1•'ri.`j o::lt°_1•@ii anrJ ;?ereEri: d:: L:agal e,:ctodv o t e a a':?aa: a_ncr ,'..:J :.. ??" .: h,.`w•!^C! !7`} !: lld ;arl-,ou Oqua'. .l.f. th,^ _iQl7t ai ,'..h :. !.?.a; Ct,J`.?tC! mi'!e fat her sha.' !lave the Of -,aC1:ia1 cult-dy on ??COCri3t! veoke7ds II :cc7 ,encin,; on Fridays a;. 4:10 -In the p.a. chcough Cunda, at 7: r.^. p.::.. ne sat1s4 J 1.1,l., itl .Air t.7.: ci Jri i4 Cl. alternate dezkend ;larttal auutaov shall commence the 'd@CaCRr! U Ji].if 1)",.:Sr !Ir: , 3RCi t!'J7::* .. ::1e:: ?9Qe^R t e:A_a=tA_: ^at9? r :hal also 'lave the ,ht of partial custo'l, n? a:tor:.ate ao_ir;alt. ^::o C,Lidaf.; z_ t as =a_.. ;wa: "ea 'Ct?tc ^av tenc: 131 ra; , :llc Fcurc.l o %_I, Labe: '',Nay. anC ?hank og:'T Znri ?2_T. a Le:nat loi!::ay 7a: ;i.3.'. cunt^ d., aha:l :omatenCe =Eu• rr^n.n: in tae n• J2. •a::Ie= ., ,. :;i^,. :) ?a: Ci -r :day Jd; t'ti=.: ru.I •_ct:? al aancs a n1, z ci v "n ay zn.i ?v? y o*.:e: r CUjts`L_, .:ii °'7@il-•a'I:`:b.'!:•L4 1caL-,, :7 - 4.ny i is ?Ju C ?. - c+ - oil chrl tma:, at. *ae a.m, tl::ougl^ cb.-i7t:la:! ?ay at 2:110 in thl . '?-:j- 'n :d:.-nu-^;":sc y^ ara t::a ?at:t^.. ?Elai.! tJ= ^. .]: ... .1 Ci: t0`!. C9:-SL'. V•T.._:1<J i)a nca:a!;Ar ?.; .:: at ?:?^ 'r. the ?.rla ^.onecc.:n, ait:I .yc au^.nsz 32 the '8t:?e: si:a: aave .:1° jEll' U? aaa:tiai C{.{ t^.+uj +Qt 3 ^c'.; .C<: O:. ..•r,C '.J0'S .i :.) :ur'Ing ti`..': norma! SChn-o . Zu Mel,. r*Ce3;i 1:L? tiC@I:Q t0 jF. ?::C"i.?:lrtl The _atht-- 3 :al -. r17C i"dOr ^ j3f7S Lil:tt+' a:)t1. C+' .78 l? :?»recc??° :,urh ;accz9! cu:axiy. ;?qtly-t;I?tan::'!n? an_,:::ia; c:?e Isar ,Ia.. th ory?t, t? ist:.^u t::a, a.J,? teen ?a_ ?OCt:I in ;aot:?e: a'. nave t he .. -I-t: ?nzti3 ctYOtouv an --Li C:1 ^stOtl ?! tl: :Ata11M Ce th0 ?. ~: is 1 e n.la. tan L'^,: :Ow"Iq :2a41 ?. t\?...:t each 'p.a nz G:i9,t.. :iaC to -acne: four aOt)r0 Witi .7u3tin-!! on •bnc 1)iCt dAy.. ?a; °.111_3 a: a to ,"ansu..: . : t:) *act) 71 z].t3i:ioil :ill:' L't:11: zryu tae t i.'I CU3i:06Y T1e n^ o ..n t1ie tvin t:"L Cn :+1).?.Ct 4 f a):. ._' ..:i •'t .'il ?? 4l)r: ttv..i?j 1 is .:•i i) .:.:^p au:Z i1.?.L3. -^ t::C Y*a r. 1.171 the 1?atlheC 3!)a i'.. AA'7.'_ 1?.. t!'l? r`.:?i:? •7? ia'. ':: a' C1.?i ?OCf )cOC a Peticd Oi 411^- • .4u-in;7 the no:na.'- '3CCOo. zummcr LeCcsG. Reek to ;:e a:;ercizeCi in August i d « • r '• t, r^^. t0 t:1 e^. I10't ::CC as ZOnCj Urrn Let:GL' ;)no tterl. :; n0?. a:3 it U4e> not, 0ccur OVe, the !it.) 0 till^t)tit. pA.-t•a3 ca3tody Si a!.. ?e at Cne . mzp'!nst ^.. t`c fat be- an_9 ..a7 be away l:cm the 11cme o? the mother. ` "e di ract tae Z:at:ier to rrompt'.y 9' clt r 1!: at tae 3r'?'e3tat'd '.::...^„e`. )% t4 :i e) 31i L1 :.•T 4:1r7 yQ VaL ".he ! ]t:Ier a-a .= t7 ti ILLEGIBLE COPY coPY I LLEGIBLE COPY Tho Court wOu.i9 __„e to CoMmend hot: nart-.:,!n 'oc ;16'.ioah.'_Y rtmalJ_.^., tr o mattere an' tii-w ,ng'.reeman is wi.., ^.r0•,?e ila3t 8u'?l'u'i3 Ci.0 ,' 7 „.7 a _ :,,)ice.* r. naC'-; :lout ezpac1a:. y Iu::t:Lne,. 'chat kwa Cop, e o' :hid I)o nor^?ar. "'.es° to octi) Coun;al ;,o aat they 7:017 ?i'i OT'... CtB CC•i_° t. C.:'^. .. .:!' C)Q^,t:.V? 1:?.?1'C i.. ISI SHERYL ANN DORNEY A. !Iorn:ty u11g lcl b 7/1'./9'1 ALAN S. KLEIN, Plaintiff VS. JENNIFER L. JONES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. 99-3331 CIVIL TERM CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this L day of 6 01-6 Ito , r 1999, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: A Hearing is scheduled in Court Room No. , of the Cumberland County Court House on the ( i 2?' day of A "c.y , ,aD 00 , at / % ?O o'clock ?/,.m. at which time testimony will taken. For purposes of the Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the Hearing, and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least 10 days prior to the Hearing date. BY THE COURT, Kevin. Hess, J. cc: Thomas S. Diehl, Esquire - Counsel or Father /h a? /o ?i9?4 9• William H. Andring, Esquire - Counsel for Mother ?' ?? M J p ' - ?s r_ ZW „- n i of ALAN S. KLEIN, Plaintiff vs. JENNIFER L. JONES, Defendant PRIOR JUDGE: Kevin A. Bess : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3331 CIVIL TERM : CIVIL ACTION LAW : CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Justine Ryan Jones July 17, 1990 Mother 2. A Conciliation Conference was held on October 7, 1999, with the following individuals in attendance: The Father, Alan S. Klein, with his counsel, Thomas S. Diehl, Esquire, and the Mother, Jennifer L. Jones, with her counsel, William H. Andring, Esquire. 3. The Father filed this Petition for Contempt seeking two weekend periods of make-up custody for periods the Father alleges he missed during the summer due to the Mother's violation of the current Order. The parties were not able to reach an agreement at the Conference and it will be necessary to schedule a Hearing. The point of contention in this matter is the custody arrangements for the remainder of the summer following the initial Conciliation Conference on July 1, 1999. At the time of that Conference, the parties indicated they had already reached an agreement for this summer and therefore only custody arrangements for subsequent summers, beginning in 2000, were discussed at the Conference and addressed in the order. The prior Order of this Court dated July 14, 1999, provides only that the parties would share having custody during the remainder of the summer school break in 1999 as previously agreed between the parties. 4. The Father's position on custody is as follows: There was scme confusion as to exact dates, but the Father basically contended that he missed two weekend periods of custody, one in mid August and one in early September (Labor Day weekend) to which the parties had mutually agreed outside of the Custody Order. The Father stated that he did not have custody of the Child from the end of July through September 18. The Father stated that the Mother denied him those two weekend periods of custody in violation of their agreement. As a result, the Father requested two weekend make-up periods of cusotody and a finding that the Mother is in contempt of the existing Order. 5. The Mother's position on custody is as follows: The mother's position was expressed through her counsel who expressed a concern that his client could be prejudiced at a later Contempt Hearing by the Conciliator's Report if the Mother were to directly participate in the Conference. The Mother's counsel. stated that the Father's Contempt Petition was groundless, vindictive, and filed for harrassment purposes only. According to counsel, the Mother simply followed the custody arrangement made between the parties for the remainder of the summer 1999. Counsel indicated that the parties have regularly and continually modified custody arrangements on an ongoing basis. Further, counsel pointed out that the Father only complained of the custody arrangements for the summer after he had exercised his rights to custody with the Child for 5 consecutive weekends. Counsel stated that the Mother offered (through correspondence) for the Father to come to the Camp Hill area (the Father resides in Bellefonte) during the extended period when he would not have custody with the Child, but the Father did not respond. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing on the Father's Petition for Contempt. It is expected that the Hearing will require one-half day. OA?, k 1299 ??-oht?l Date Dawn S. Sunday, Esquire Custody Conciliator 3 aZg Na? 43 w rFjH A }o C ? W7 1 a? 44 H NR c ? ?Q 4J u o ??? za h? ?,? -9?3A H V ? CJ po ? 7. ? ZzH z H ? a 4 fJt?7 ! 99q '? ALAN S. KLEIN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-3331 CIVIL TERM JENNIFER L. JONES, CIVIL ACTION -LAW Defendant CUSTODY ORDER OF COURT AND NOW, this day of _'j),, 1999, the within Petition of Counsel For Leave to Withdraw having been read, considered, and ordered filed, the Court hereby orders that a Rule be and is issued upon the Respondent, Alan S. Klein, to show cause why the Petitioner should not be permitted to withdraw as counsel, said Rule to be returnable io within tw -days of service of the date of this Order. BY THE COURT: RK9 r._ 1TrAY P7 1 ALAN S. KLEIN, Plaintiff V. JENNIFER L. JONES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3331 CIVIL TERM CIVIL ACTION - LAW CUSTODY PETITION OF COUNSEL FOR LEAVE TO WITHDRAW Thomas S. Diehl, Esquire, hereby respectfully petitions this Honorable Court for Leave to Withdraw as Counsel for the Plaintiff, Alan S. Klein, and in support, avers as follows: Petitioner is Thomas S. Diehl, Esquire. 2. Respondent is Alan S. Klein. 3. Petitioner was retained by the Respondent on or about August 26, 1999 to file a Petition for civil contempt of a Custody Order with regard to the above-referenced custody matter. 4. Said Custody Contempt Petition was heard before Conciliator Dawn Sunday, Esquire, on October 7, 1999, after which a hearing was scheduled for Fehruary 4, 2000 before the Court of Common Pleas. 5. Subsequent to the Conference, the Respondent informed the Petitioner that in lieu of providing a full retainer for the Petitioner's representation at the February 4, 2000 hearing, the Respondent desires to terminate the Petitioner's legal representation and seek legal counsel elsewhere. 6. Contemporaneously with the filing of this Petition, the Petitioner has served the Respondent with a copy of the Petition by first class mail. WHEREFORE, the Petitioner, 'Thomas S. Diehl, Esquire, respectfully requests this Honorable Court to issue a Rule upon the Respondent to show cause, if any, why the Petitioner should not be granted leave to withdraw as counsel. Respectfully submitted, Date: I;- 10-9c, Thomas S. Diehl, Esquire 401 East Louther Street, Suite 103 Carlisle, Pennsylvania 17013 (717) 240-0833 VERIFICATION I verify that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4909 relating to unsworn falsification to authorities. Thomas S. Diehl, Esquire CERTIFICATE OF SERVICE /0 1 hereby certify this day o 1999, that a true and correct copy of the foregoing document was served on the following individual at the below listed address by first-class, postage prepaid mail: Alan S. Klein 358 East High Street Bellefonte, PA 16823 401 East Louther Street Suite 103 Carlisle, Pennsylvania 17013 (717) 240-0833 C_J Ili,un.i? ti I1',rhl . U?l. ? ;f 1ggQ ALAN S. KLEIN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-3331 CIVIL TERM JENNIFER L. JONES, : CIVIL ACTION -LAW Defendant CUSTODY PRAECIPE Pursuant to an Order of Court dated January 21, 2000, please withdraw my appearance previously entered in the above-captioned action on behalf of the Plaintiff, Alan S. Klein. Date: ) a '9O 401 East Louther Street, Suite 103 Carlisle, Pennsylvania 17013 (717) 240-0833 r--? cr, =°y i t <J C7 "- U ALAN S. KLEIN, Plaintiff V. JENNIFER L. JONES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3331 CIVIL TERM CIVIL ACTION - LAW CUSTODY I AFFIDAVIT nF 4FRVI('F AND NOW, this 12a' day of January 2000, comes Thomas S. Diehl, Esquire, and states that he personally mailed a true and correct copy of the Order of Court for Rule to Show Cause to the Plaintiff, Alan S. Klein, 358 East High Street, Bellefonte, Pennsylvania by certified, restricted delivery, return-receipt requested. A copy of said receipt is attached hereto indicating service was made on January 4, 2000. Respec submitted, Thomas S. Diehl, Esquire 401 East Louther Street, suite 103 Carlisle, PA 17013 (717) 240-0833 (717)240-0893-FAX v SENDER: i' V `m • Cotnplole items 1 and/or2 for additional sorwc,s, • ComPloto items 3 aa and 4b I also wish to receive the b . , . • Print your name and address on the reverse of this form card to yyou. following services (for an so that we can return This extra fee): N • Attach It'is loan to the front of the mailpieco, or on file back It space does riot 1. ? Addressee's Address perm `it. 2 i d t rile •T recai Requested-on 6110w t the mailpieco below the article number. 2.a Restricted Delivery • no Return n Receipt will show to who whom the nrtide was del d - . . delivered. ivere and the data Consul) postmaster for fee 0 ? 9. Article Addressed to . 4a. Article Number n m a ALAN S. KLEIN Z 338 764 647 a x E 358 EAST HIGH STREET 4b. Service Type ? Re Istered 9 ?(C edilied E 8 2 Op1TE pq EELLEFONTE, PA 16823 11 Express f J Insured ? Relum I for Merchandise DID 7. Date livery o` ' JAN 0 4 2000 5. Re ved By, ant Name) 1 t B. Addle sa 's Address (Only it r u sled and le is id '? m .I ) 6, ign i ure: (Addressee al ent) P M X USPS 2 PS Form 3811, December 1994 102s95-esa022e Domestic Return Receipt f i r Z 338 764 647 US Postal Service Receipt for Certified Mail No Insurance Coveraoe Provided. M fvn N Oy c co G Q U April 7, 1999 Alan: has plans for the following summer weeks: July 31 - August 15, 1999 August 21 -August 29, 1999 Also, I am aware that she will be with you from July 12- 161h, I will make arrangements for her birthday in Bellefonte as soon as I hear from you. She has been registered for summer camp for the remaining summer weeks just as I told you she would. On another matter, I will expect Justine to arrive home from Bellefonte at 5:30 pm, just as I had requested. I feel this is fair since you have been picking her up from school at 2:50 on Fridays for sometime now. (this would, in essence, make up for any difference in time) I expect this to continue all year long because she still keeps the same hours for her daily care in the summer as she does during the school year. I have offered additional weekends to you so that you can spend more time with Justine. You have not been "as quick" to schedule any of this time as you were to fight the simple request to bring her home by 5:30. I look forward to your cooperation in all the above matters. Attached please find a schedule for her softball games which was also emailed to you. I hope you may be able to find the time to attend and support our daughter. Sincerely ?_ Jen -? f? J4 u RM? 147 a -VI 'a rR?' =t. c y? ` ?i - x cry ?, ? ? I o Lr) .0 1.L ? 03 U- r s cu I U) I- M ? N 9 Q ca i W i j c I .a ? I ?S r4 I s cz I 'a j U) f m >% o 5 J 3 Q - N d r i 0 R cES :t CO CIS as U- r- r ct r cn s s N i C1 ? CD ?y C CZ cO W r c ? C hh g : V?) .r rl) 1 SAO r1i T N I S r N ? r °44Sj y d s I IN a1 3 I April 12, 1999 Alan: This letter is in response to your e-mail, dated April 14, 1999. After all the confusion regarding the upcoming weekend you have decided that Justine can spend time with friends while you work. That is your choice to be away from her on that day, on your weekend. The other day, I explained to Justine that there is a misunderstanding regarding the upcoming weekend. She and I had already made plans, and she wanted to keep those plans. I spoke with her again tonight in order to'try to come up with a reasonable solution. She, again, expressed a preference to keep the plans which she and I had made. After talking a bit longer, she has agreed to the following: She would like to attend softball practice Friday evening, and will then go to Bellefonte for the remainder of the weekend. In the future, I will expect written notice (not just e-mail) from you whenever there is a conflict in your schedule so that we can address it as soon as possible. I resent the fact that you accuse me of being vindictive towards you and that you accuse me of hurting Justine. Nothing could be farther from the truth. I have been flexible, considerate, and cooperative in many situations. In the past I have given you more than just the overnight time allowed you for holidays. I have given you extended (holiday) weekends. I have given you and offered additional weekends which go above and beyond the court order. I have done all of this in attempts to give the two of you more time together without making her give up those things here which are important to her. Therefore, I will not be accused of such nonsense. I do not criticize you when you choose to work on your custodial weekend , instead of spending time with Justine. Nor do I criticize you when you go out with friends, while she and Michelle have a "girl's night", therefore, you choosing to be apart from Justine. By law, I have majority physical custody while you have partial custody. I have offered additional weekends, but in order to schedule these I will expect your written request. As soon I can, I will let you know if Justine's schedule permits the requested weekend away see no conflict with the weekend of May 22 1999. As you know from previous years, vacations include the other parent's weekend. I, too, am entitled to vacation time with Justine, and I have given you more than enough notice of those weeks. I am not going to change my vacation plans. I am willing to work out an `alternate weekend' from Thursday, August I9-Saturday, August 21, 1999. Otherwise you can make up that weekend at another time. I have also asked her for what length of time she is comfortable being away from home. She stated that she does not want to go away for more than one week at a time. a? At this time I a?,d,;U On the issue of the visitation order: I beliei,e the visitation order is, for the most part, a guideline. It is unreasonable for you to expect that there may be no need for compromise. As Justine gets older she becomes more involved with activities and friends here at home. Over the years, I have simply tried to arrange her schedule so. that she can see you as well as stay involved with her friends, family and activities here. I have never purposely kept her away from you, and I find your statement absolutely ridiculous. One of the reasons that I asked you bring Justine home by 5:30 is that she has come home on more than one occasion with incomplete homework. I will agree to go back to the pick- up/drop-off times specified in the order. Although I feel that 7:30 is too late, I will agree to this only because I refuse to argue this matter with you anymore as you do not seem willing to make this compromise for Justine. I will expect her homework to be completed. If she continues to come home with incomplete work, then the drop-off time will be changed. I would also expect that she attends any practices or other functions which she may have scheduled on your Fridays. Her summer camp does not recommend you come earlier than 4:30 due to their schedule. You will need to provide identification to both summer camp and Magic Years. I screen most of my calls, and I have told you that on more than one occasion. On March 21, 1999, Justine and I went to visit my mother in the hospital. Alan, you will not find that Justine and I are not home at 8:30pm. Your statements prove nothing. As per your suggestion, I will expect Justine home at Zpm or. July 17, 1999. I would remind you that I had asked for information on the summer camp in Bellefonte, and have not received anything. I hope that I can expect your cooperation on these matters. Sincerely: Jen ..,, Plaintifl' V. JENNIFER L. JONES, Defendant CUMBERLAND COUNTY, PENNSYLVANIA NO, 99.3331 CIVIL TERM CIVIL ACTION - LAW CUSTODY ORDER OIL COURT AND NOW, this 2/" day of - 2000, upon presentation and consideration of the within Petition to Make Rule Absolute, it is hereby ordered and directed that Thomas S. Diehl, Esquire, shall he permitted to withdraw as counsel for the Plaintiff, Alan S. Klein, upon the filing of an appropriate Praecipe. BY TI Ili COURT: .,?JYY a l-2 y-DO RIO In c- I lJ:1 CV ',"?4 . 7 r f ' C-) x) n •:f r u..^ - J CL v,: ?.I ?;IjjW C ? i u- C) ALAN S. KLEIN, IN THE COURT OF COMMON PLEAS OF Plaintill' CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-3331 CIVIL TERM JENNIFIsR L. JONES, CIVIL ACTION -LAW Dclcndant CUSTODY Ph:1TIJON TO MAKE RULE ABSOLUTE AND NOW, comes Petitioner, Thomas S. Diehl, Esquire, and petitions the Court as litllm%s: 1. Your Petitioner is 'T'homas S. Diehl, Esquire, for the filing of a Petition to Make Rule Absolute. 2. Your Respondent herein is the above-named Plaintiff, Alan S. Klein. 3. A Petition to Withdraw as Counsel was filed in this case on December 10, 1999, which resulted in an Order of Court being entered on December 16, 1999. 4. The Order of Court dated December 16, 1999, and the Petition is attached hereto and incorporated herein by reference as Exhibit `A.' 5. 'T'en days have passed since the document was served upon the Plaintiff by certified, restricted delivery, return-receipt mail as required by the Order. 6 No Answer has been tiled in this action. WIII.RI FORD, Petitioner request your Honorable Court to enter an Order making the ulbrementioned Rule to Show Cause absolute thereby allowing Petitioner to %%ithdraw as counsel Mile: I -1 "7 Respectfull ub e , Thomas S. Diehl, Esquire 401 East Louther Street, Suite 103 Carlisle, Pennsylvania 17013 (717) 240-0813 VERIIZ ICATION I verify that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4909 relating to unsworn falsification to authorities. CERTIFICATE OF SERVICE I hereby certify that 1 sent a true and correct copy of the Plaintiff's Petition to Make Rule Absolute to the Plaintiff: Alan S. Klein 358 East High Street Bellefonte, PA 16823 by first class mail, postage prepaid on January 17, 2000. - Date: / - I7- DU Thomas S. Diehl, Esquire 401 East Louther Street, Suite 103 Carlisle, Pennsylvania 17013 (717) 240-0833 rl' .14? r?r 1. _l? 111 li• / PENNS(IVA IA ALAN S. KLEIN, Plaintiff VS. JENNIFER L. JONES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-3331 CIVIL : CIVIL ACTION - CUSTODY ORDER AND NOW, this 1:7 ` day of March, 2000, the pending petition of the plaintiff seeking a contempt order against the defendant is DENIED. Our order of July 14, 1999, is modified to provide that with respect to the various special days and holidays referenced in paragraph 2, Christmas, alternating holidays, etc., the party receiving custody of the child shall be responsible to provide transportation. In the event that a later exchange time is necessary to accommodate the mother's work schedule, she shall give the father reasonable thereof. All other terms and conditions of the existing court orders in this case shall remain in full force and effect. BY THE COURT, Alan S. Klein, Pro Se William 11. Andring, Esquire For the Defendant /J d'- Kevi A. Hess, J. O 4V Arn OF tr.F/1Ei.J,c;1,?h?0? QNOTIRY )2vvJ ' W;,ouW