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HomeMy WebLinkAbout99-04879 E, .v v s< eF? 1 Z9 L I .1- ? w , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION: LAW 4%lq MICHELLE L. LOUTHIAN, No. 4494-C of 1999 Plaintiff Vs. SHANE M. LOUTHIAN, Defendant Custody Action AND NOW, TO WIT, this day of September, 1999, upon consideration of the attached preliminary objections to Plaintiff's Petition for Modification of Custody on the basis of lack of jurisdiction and pendency of prior action, it is hereby ORDERED that Defendant's objections are granted and this action is dismissed with prejudice. BY THE COURT: J. AORR15 k VEUDER ]2 N. DUKE ST. YORK. PA , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION: LAW MICHELLE L. LOUTHIAN, No. 4494-C of 1999 Plaintiff VS. SHANE M. LOUTHIAN, Defendant Custody Action PRELIMINARY OBJECTIONS AND NOW, TO WIT, this if day of September, 1999, comes the Defendant, Shane M. Louthian, by his attorneys, Morris & Vedder, and appears for the limited purpose of preliminarily objecting Plaintiff's Petition for Modification of Custody of which following is a statement: COUNT I - LACK OF JURISDICTION - PENDENCY OF PRIOR ACTION 1. Plaintiff initiated the instant action on or about August 10, 1999, by the filing of Plaintiff's Petition to Modify Custody Order. 2. Plaintiff's Complaint admits in its title and the body of the complaint that they are seeking to modify the existing Court Order dated July 16, 1993, entered by the Court of Common Pleas of York County, Pennsylvania. 3. The York County action was commenced by Plaintiff on AORRIS & VEDDER 33 N. DUKE ST. YORK. PA. July 23, 1991, and it remains active and pending. See Docket Entries (Annex "A"). 4. The parties are currently under and subject to the jurisdiction of the Court of Common Pleas in York County, Pennsylvania and are exercising their rights of custody pursuant , to its Court orders dated March 31, 1998 (Annex "B"), August 30, 1996 (Annex "C") and July 16, 1993 (Annex "D"). 5. On March 23, 1998, Plaintiff raised the issue of AORRIS tr VEDDER 33 N. DUKE ST. YORK. PA jurisdiction before the Court of Common Pleas in York County, Pennsylvania, by filing preliminary objections (Annex "E"). 6. By order dated order March 31, 1998 (Annex "B"), Plaintiff's preliminary objections claiming that jurisdiction and venue in York County was improper were deemed withdrawn. 7. The York County action has not been stayed. 8. In accordance with 23 Pa.C.S.A. S 5364(h), entitled "Modification of custody decrees," your Honorable Court shall modify a custody decree made by another court of common pleas of this Commonwealth, to wit, the custody orders entered by the Court of Common Pleas of York County, Pennsylvania, unless it appears your Honorable Court that the Court of Common Pleas of Y County, Pennsylvania does not have jurisdiction under jurisdictional prerequisites substantially in accordance with that subchapter or has declined to assume jurisdiction to modify its decree. 9. The Court of Common Pleas of York County, Pennsylvania was the home county of the child at the time the York County proceeding was commenced. It has continuing jurisdiction as the father of the child, Defendant above-captioned, continues to live in York County, Pennsylvania (see paragraph 2 of Plaintiff's complaint) and Mother continues to work for York County Children and Youth Services in York County. 2 i II 10. The Court of Common Pleas of York County, Pennsylvania! has not declined to assume jurisdiction to modify its decree. On the contrary, the Court of Common Pleas of York County, Pennsylvania recently exercised jurisdiction and entered its orders of March 31, 1998 (Annex "B"). I 11. Defendant appears in this action for the sole purpose of, filing and processing these preliminary objections. His; appearance shall not constitute participation for any other purpose. See Explanatory Comment - 1994 to Rule 1920.2. 12. By virtue of the foregoing, your Honorable Court does not have jurisdiction of this matter. WHEREFORE, Defendant, Shane M. Louthian, respectfully requests your Honorable Court to dismiss Plaintiff's Petition for Modification of Custody for lack of jurisdiction and pendency of prior action. Respectfully submitted, MORRIS & VEDDER BY: Clyde W. Vedd Esquire 32 N. Duke St. PO Box 544 York, Pennsylvania 17405 (717) 843-9815 Supreme Court No. 32098 AORRIS R VEDDER 32 N. OUKE ST. YORK. PA. Doc. No. CW1379 3 Iv IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION: LAW MICHELLE L. LOUTHIAN, No. 4494-C of 1999 Plaintiff VS. SHANE M. LOUTHIAN, Defendant Custody Action CERTIFICATE OF SERVICE I, Sophia L. Hollis, secretary to Clyde W. Vedder, Esquire, of the law firm of Morris & Vedder, 32 North Duke Street, City of York, York County, Commonwealth of Pennsylvania, do hereby cez that on this 1" day of September, 1999, I served a true correct copy of Preliminary Objections by placing the same in United States mail, postage prepaid to: N. Christopher Menges, Esquire 145 E. Market St. York, PA 17401 Dawn S. Sunday, Esquire 39 W. Main St. Mechanicsburg, PA 17055 MORRIS & VEDDER BY: Sopnla L. hollls, raecrecary co Clyde W. Vedder, Esquire MORRIS & VEDDER 22 N. OYKE ST. YORK. PA. C I V I L C 0 U R T C A S E I N F O R M A T I O N S Y S T E M < York County Prothonotary's office (88/07/22) PROT-05A Case No. 1991 - SU Commenced... 19910723 Case Status. A Active Case Type... Custody Last Updated 19910724 X Filed Code 19910723 04076 CO] - 03555 - 03 Comment 1: by APQ 2: 3: Impound Flag 4: by APQ 5: _______= DOCKETS ENTERED =__ D O C K E T D E S C R I P 4PLAINT IN CUSTODY ACTION RODGER D JOHNSON AND JOSEPHINE L JOHNSON H/W VERSUS MICHELLE L LOUTHIAN AND SHANE M LOUTHIAN H/W -------------------- T I 0 N Index Updated M 19910724 19910723 04031 DIRECTIVE RE: CUSTODY MASTER 19910724 DOROTHY LIVADITIS ESQ MASTER HEARING HELD ON OCTOBER 17 1991 AT 10:15 AM 19910729 04015 ACCEPTANCE OF SERVICE 19910730 OF COMPLAINT FOR CUSTODY AND DIRECTIVE BY MICHELLE L LOUTHIAN ON 7/24/91 (2)First (8)Position File (15)Judgment (16)Exit (32)Case Lookup Annex "A" C I V I L C O U R T C A S E I N F O R M A T I O N S Y S T E M It York County Prothonotary's Office (88/07/22) PROT-05A Case No. 1991 - SU - 03555 - 03 Comment 1: RODGER D JOHNSON AND Commenced... 19910723 by APQ 2: JOSEPHINE L JOHNSON H/W Case Status. A Active 3: VERSUS Case Type... Custody Impound Flag 4: MICHELLE L LOUTHIAN AND Last Updated 19910724 by APQ 5: SHANE M LOUTHIAN H/W DOCKETS ENTERED X Filed Code D O C K E T D E S C R I P T I O N Index Updated 19910730 04087 SHERIFF RETURN OF SERVICE 19910731 COMPLAINT UPON SHANE M LOUTHIAN DEFT 7-26-91 0 C NACE SHERIFF OF YORK CO 19911115 04213 REPORT OF PRE-HEARING CONFERENCE 19911121 FILED BY DOROTHY LIVADITIS ESQ PRE HEARING OFFICER 19911115 04104 ORDER RE: CUSTODY 19911121 BY THE COURT SHERYL A DORNEY JUDGE (2)First (8)Position File (15)Judgment (16)Exit (32)Case Lookup C I V I L C 0 U R T C A S E I N F O R M A T I O N S Y S T E M York County Prothonotary's Office (88/07/22) Case No. 1991 - SU Commenced... 19910723 Case Status. A Active Case Type... Custody Last Updated 19910724 --------------------- X Filed Code 19911115 04089 NO' OF 19920324 04379 PETITION FOR CONTEMPT & MODIFICATION PROT-05A - 03555 - 03 Comment 1: RODGER D JOHNSON AND by APQ 2: JOSEPHINE L JOHNSON H/W 3: VERSUS Impound Flag 4: MICHELLE L LOUTHIAN AND by APQ 5: SHANE M LOUTHIAN H/W _______= DOCKETS ENTERED D 0 C K E T D E S C R I P T I 0 N Index Updated LICE GIVEN RE: PA R. C. P. 236 19911121 REPORT AND ORDER RE CUSTODY 19920325 19920324 04929 DIRECTIVE APPOINTING CUSTODY CONCILIATOR 19920325 DOROTHY LIVADITIS ESQ ASSIGNED CONFERENCE 4/29/92 AT 9:OOAM (2)First (B)Position File (15)Judgment (16)Exit (32)Case Lookup C I V I L C 0 U R T C A S E I N F O R M A T I O N S Y S T E M r York County Prothonotary's Office (88/07/22) PROT-05A Case No. 1991 - SU - 03555 - 03 Comment 1: RODGER D JOHNSON AND Commenced... 19910723 by APQ 2: JOSEPHINE L JOHNSON H/W Case Status. A Active 3: VERSUS Case Type... Custody Impound Flag 4: MICHELLE L LOUTHIAN AND Last Updated 19910724 by APQ 5: SHANE M LOUTHIAN H/W DOCKETS ENTERED X Filed Code D 0 C K E T D E S C R I P T I O N Index -Updated 19920401 04576 AFFIDAVIT OF SERVICE 19920402 OF PETITION FOR CONTEMPT & MODIFICATION 19920505 04619 CONSENT TO ENTRY OF COURT ORDER 19920507 19920505 04931 REPORT OF CONCILIATOR 19920508 DOROTHY LIVADITIS ESQUIRE (2)First (8)Position File (15)Judgment (16)Exit (32)Case Lookup C I V I L C 0 U R T C A S E I N F O R M A T I O N S Y S T E M York County Prothonotary's Office (88/07/22) PROT-05A Case No. 1991 - SU - 03555 - 03 Comment 1: RODGER D JOHNSON AND Commenced... 19910723 by APQ 2: JOSEPHINE L JOHNSON H/W Case Status. A Active 3: VERSUS Case Type... Custody Impound Flag 4: MICHELLE L LOUTHIAN AND Last Updated 19910724 by APQ 5: SHANE M LOUTHIAN H/W DOCKETS ENTERED ------- ---_________ X Filed Code D 0 C K E T D E S C R I P T I O N Index Updated 19920506 04104 ORDER RE: CUSTODY 19920507 BY THE COURT PENNY L BLACKWELL JUDGE 19920506 04089 NOTICE GIVEN RE: PA R. C. P. 236 19920507 OF ORDER RE CUSTODY 19920506 04928 CONCILIATION CONFERENCE MEMORANDUM 19920507 (2)First (8)Position File (15)Judgment (16)Exit (32)Case Lookup C I V I L C O U R T C A S E I N F O R M A T I O N S Y S T E M ` York County Prothonotary's Office (88/07/22) PROT-05A Case No. 1991 - SU - 03555 - 03 Comment 1: RODGER D JOHNSON AND Commenced... 19910723 by APQ 2: JOSEPHINE L JOHNSON H/W Case Status. A Active 3: VERSUS Case Type... Custody Impound Flag 4: MICHELLE L LOUTHIAN AND Last Updated 19910724 by APQ 5: SHANE M LOUTHIAN H/W DOCKETS ENTERED X Filed Code D 0 C K E T D E S C R I P T I O N Index Updated 19920506 04928 CONCILIATION CONFERENCE MEMORANDUM 19920507 19920903 04357 PETITION FOR SPECIAL RELIEF & EMERGENCY RELIEF W/ORDER PETITION GRANTED BY THE COURT PENNY L BLACKWELL 19920904 04626 PETITION TO VACATE CUSTODY W/CERTIFICATE OF SERVICE 19920904 19920914 (2) First (8) Position File (15) Judgment (16) Exit (32) Case Lookup C I V I L C 0 U R T C A S E I N F O R M A T I O N S Y S T E M York County Prothonotary's Office (88/07/22) PROT-05A Case No. 1991 - SU - 03555 - 03 Comment 1: RODGER D JOHNSON AND Commenced... 19910723 by APQ 2: JOSEPHIN E L JOHNSON H/W Case Status. A Active 3: VERSUS Case Type... Custody Impound Flag 4: MICHELLE L LOUTHIAN AND Last Updated 19910724 by APQ 5: SHANE M LOUTHIAN H/W DOCKETS ENTERED X Filed Code D 0 C K E T D E S C R I P T I O N Index Updated 19920904 04929 DIRECTIVE APPOINTING CUSTODY CONCILIATOR 19920914 JAMES A HOLTZER SEPT 21 1992 2:00 PM BY THE COURT P L BLACKWELL JUDGE 19920910 04025 CERTIFICATE OF SERVICE OF 19920914 PETITION TO VACATE CUSTODY SERVED UPON MICHELLE L LOUTHIAN 19920910 04025 CERTIFICATE OF SERVICE OF 19920914 PETITION TO VACATE CUSTODY UPON R ODGER D JOHNSON & JOSEPHINE L JOHNSON (2)First (8)Position File (15)Judgment (16)Exit (32)Case Lookup C I V I L C 0 U R T C A S E I N F O R M A T I O N S Y S T.E M York County Prothonotary's Office (88/07/22) PROT-05A Case No. 1991 - SU - 03555 - 03 Comment Commenced... 19910723 b APQ 1: RODGER D JOHNSON AND y Case Status. A Active 2: JOSEPHINE L JOHNSON H/W Case Type... Custody Impound Flag 3: 4: VERSUS MICHELLE L LOUTHIAN A Last Updated 19910724 by APQ ND 5: SHANE M LOUTHIAN H/W DOCKETS ENTERED X Filed Code D 19920923 04931 REPORT O C K E T D E S C R I OF CONCILIATOR P T I O N Index Updated JAMES A HOLTZER ESQUIRE 19920923 19920924 04104 ORDER RE: CUSTODY 19920930 VIDE BY CT J BLACKWELL 19920924 04089 NOTICE GIVEN RE: PA R. C. P. 236 19920930 (2)First (8)Position File (15)Judgment (16)Exit (32)Case Lookup C I V I L C O U R T C A S E I N F O R M A T I O N S Y S T E M York County Prothonotary's office (88/07/22) PROT-05A Case No. 1991 - SU - 03555 - 03 Comment 1: RODGER D JOHNSON AND Commenced... 19910723 by APQ 2: JOSEPHINE L JOHNSON H/W Case Status. A Active 3: VERSUS Case Type... Custody Impound Flag 4: MICHELLE L LOUTHIAN AND Last updated 19910724 by APQ 5: SHANE M LOUTHIAN H/W DOCKETS ENTERED X Filed Code D O C K E T D E S C R I P T I O N Index Updated 19920924 04928 CONCILIATION CONFERENCE MEMORANDUM 19920930 19920924 04928 CONCILIATION CONFERENCE MEMORANDUM 19920930 19921006 04626 PETITION 19950607 TO DISMISS AND/OR FOR HEARING FILED ON BEHALF OF SHANE M LOUTHIAN (2)First (8)Position File (15)Judgment (16)Exit (32)Case Lookup C I V I L C O U R T C A S E I N F O R M A T I O N S Y S T E M York County Prothonotary's office (88/07/22) PROT-05A Case No. 1991 - SU - 03555 - 03 Comment 1: RODGER D JOHNSON AND Commenced... 19910723 by APQ 2: JOSEPHINE L JOHNSON H/W Case Status. A Active 3: VERSUS Case Type... Custody Impound Flag 4: MICHELLE L LOUTHIAN AND Last Updated 19910724 by APQ 5: SHANE M LOUTHIAN H/W DOCKETS ENTERED ------------------------ X Filed Code D 0 C K E T D E S C R I P T I O N Index Updated 19921019 04104 ORDER RE: CUSTODY 19921020 VIDE BY CT J BLACKWELL 19921019 04089 NOTICE GIVEN RE: PA R. C. P. 236 19921026 04626 PETITION TO HAVE RESPONDENT HELD IN CONTEMPT FOR FAILURE TO COMPLY WITH CUSTODY ORDER (2)First (8)Position File (15)Judgment (16)Exit (32)Case Lookup 19921020 19921118 C I V I L C O U R T C A S E I N F O R M A T I O N S Y S T E M York County Prothonotary's Office (88/07/22) PROT-05A Case No. 1991 - SU - 03555 - 03 Comment 1: RODGER D JOHNSON AND Commenced... 19910723 by APQ 2: JOSEPHINE L JOHNSON H/W Case Status. A Active 3: VERSUS Case Type... Custody Impound Flag 4: MICHELLE L LOUTHIAN AND Last Updated 19910724 by APQ 5: SHANE M LOUTHIAN H/W DOCKETS ENTERED =___ ________- - ----------- ---------------- X Filed Code D 0 C K E T D E S C R I P T I O N Index Updated 19921026 04929 DIRECTIVE APPOINTING CUSTODY CONC ILIATOR 19921118 STEVEN M CARR ASSIGNED TO CON DUCT A CONFERENCE ON NOV 10 1992 AT 1:00 19921110 04931 REPORT OF CONCILIATOR 19921116 JAMES A HOLTZER ESQUIRE 19921118 04104 ORDER RE: CUSTODY 19921120 AGREEMENT MAKE PETITION WITHDRAWN DEFT TO PAY $100.00 TO ATTY VEDDER (VIDE) BLACKWELL J (2)First (8)Position File (15)Judgment (16)Exit (32)Case Lookup C I V I L C 0 U R T C A S E I N F O R M A T I O N S Y S T E M York County Prothonotary's Office (88/07/22) PROT-05A Case No. 1991 - SU - 03555 - 03 Commen t 1: RODGER D JOHNSON AND Commenced.. . 19910723 by APQ 2: JOSEPHINE L JOHNSON H/W Case Status . A Active 3: VERSUS Case Type.. . Custody Impound Flag 4: MICHELLE L LOUTHIAN AND Last update d 19910724 by APQ 5: SHANE M LOUTHIAN H/W DOCKETS ENTERED X Filed 1 Code D O C K E T D E S C R I P T I O N Index Updated 9921118 04089 NOT ICE GIVEN RE: PA R. C P 236 BY . . THE PROTHONOTARY 19921120 19921118 04928 CON CILIATION CONFERENCE MEMORANDUM 19921120 FOR DEFT SHANE LOUTHIAN 19930304 04803 CERTIFICATION 19930305 OF COMPLETION OF EFFECTIVE PARENTING SKILLS COURSE W/ CERT OF SERV (2)First (8)Position File (15)Judgment (16)Exit (32)Case Lookup C I V I L C 0 U R T C A S E I N F O R M A T I O N S Y S T E M York County Prothonotary's Office (88/07/22) PROT-05A Case No. 1991 - SU - 03555 - 03 Comment 1: RODGER D JOHNSON AND Commenced... 19910723 by APQ 2: JOSEPHINE L JOHNSON H/W Case Status. A Active 3: VERSUS Case Type... Custody Impound Flag 4: MICHELLE L LOUTHIAN AND Last Updated 19910724 by APQ 5: SHANE M LOUTHIAN H/W DOCKETS ENTERED - _ X Filed Code D O C K E T D E S C R I P=T=1=O=N==eevlndex= Updated 19930625 04626 PETITION TO MODIFY PARTIAL CUSTODY/WITH CERTIFICATE OF 19930628 SERVICE 19930625 04929 DIRECTIVE APPOINTING CUSTODY CONCILIATOR STEVEN M CARR CONFERENCE TO BE HELD ON JULY 19930628 13 1993 AT 9:00 AM 19930714 04928 CONCILIATION CONFERENCE MEMORANDUM WITH CERTIFICATE OF SERVICE 19930719 (2)First (8)POSition File (15)Judgment (16)Exit (32)Case Lookup C I V I L C 0 U R T C A S E I N F O R M A T I O N S Y S T E M York County Prothonotary's Office (88/07/22) PROT-05A Case No. 1991 - SU - 03555 - 03 Comment 1: RODGER D JOHNSON AND Commenced... 19910723 by APQ 2: JOSEPHINE L JOHNSON H/W Case Status. A Active 3: VERSUS Case Type... Custody Impound Flag 4: MICHELLE L LOUTHIAN AND Last Updated 19910724 by APQ 5: SHANE M LOUTHIAN H/W DOCKETS ENTERED X Filed Code D O C K E T D E S C R I P T I O N Index Updated 19930716 04931 REPORT OF CONCILIATOR 19930716 STEVEN CARR ESQ 19930716 04104 ORDER RE: CUSTODY 19940804 VIDE BY CT J BLACKWELL (CAPTION AMENDED TO PROVIDE PLTF MICHELLE L LOUTHIAN & DEFT 19940716 04104 ORDER RE: CUSTODY 19940804 SHANE M LOUTHIAN/RODGER D JOHNSON & JOSEPHINE L JOHNSON NO LONGER PARTIES (2)First (8)Position File (15)Judgment (16)Exit (32)Case Lookup C I V I L C 0 U R T C A S E I N F O R M A T I O N S Y S T E M York County Prothonotary's office (88/07/22) Case No. 1991 - SU - 03555 - 03 Comment 1: Commenced... 19910723 by APQ 2: Case Status. A Active 3: Case Type... Custody Impound Flag 4: Last Updated 19910724 by APQ 5: DOCKETS ENTERED - X Filed Code D O C K E T D E S C R I. P 19940716 04089 NOTICE GIVEN RE: PA R. C. P. 236 PROT-05A RODGER D JOHNSON AND JOSEPHINE L JOHNSON H/W VERSUS MICHELLE L LOUTHIAN AND SHANE M LOUTHIAN H/W ------------------------- T I 0 N Index Updated 19940804 19940803 04507 PETITION TO MODIFY CUSTODY ORDER 19940804 W/CERTIFICATE OF SERVICE 19940803 04929 DIRECTIVE APPOINTING CUSTODY CONCILIATOR 19940604 STEVEN M CARR ESQ ASSIGNED TO COND CONC CONF 08/16/94 11:00 A.M. GOV CTR P L BLACKWELL JUD (2)First (8)Position File (15)Judgment (16)Exit (32)Case Lookup C I V I L C 0 U R T C A S E I N F O R M A T I O N S Y S T E M York County Prothonotary's Office (88/07/22) PROT-05A Case No. 1991 - SU - 03555 - 03 Comment l: RODGER D JOHNSON AND Commenced... 19910723 by APQ 2: JOSEPHINE L JOHNSON H/W Case Status. A Active 3: VERSUS Case Type... Custody Impound Flag 4: MICHELLE L LOUTHIAN AND Last Updated 19910724 by APQ 5: SHANE M LOUTHIAN H/W DOCKETS ENTERED X Filed Code D 0 C K E T D E S C R I P T I O N Index Updated 19940810 04025 CERTIFICATE OF SERVICE OF 19940811 PETITION TO MODIFY CUSTODY BY CERTIFIED MAIL ON AUG 6 1994 19940831 04931 REPORT OF CONCILIATOR 19940906 STEVEN M CARR ESQ 19940906 04928 CONCILIATION CONFERENCE MEMORANDUM 19940908 (2)First (8)Position File (15)Judgment (16)Exit (32)Case Lookup C I V I L C O U R T C A S E I N F O R M A T I O N S Y S T E M York County Prothonotary's Office (88/07/22) PROT-05A Case No. Commenced.. 1991 - SU . 19910723 - 03555 - 03 b APQ Comment 1: RODGER D JOHNSON AND Case Status . A Active y 2: JOSEPHINE L JOHNSON H/W Case Type.. . Custody Impou nd Flag 3: 4: VERSUS MICHELLE L LOUTHIAN Last Update d 19910724 by APQ AND - - 5: SHANE M L OUTHIAN H/W DOCKETS ENTERED =-- ----- X Filed Code D 0 C K E T D E S C R I P T I O N Ind 19940906 04104 ORDER RE: CUSTODY ex Updated BY THE CT: PENNY L BLACKWELL JUDGE 19940908 19940906 04089 NOTICE GIVEN RE: PA R. C. P. 236 19940908 19940906 05022 ORDER FOR MEDIATION BY THE COURT: PENNY L BLACKWELL JUDGE 19940908 (STANLEY E SCHNEIDER ED D MEDIATOR) (2)First (8)Position File (15)Judgment (16)Exit (32)Case Lookup C I V I L C O U R T C A S E I N F O R M A T I O N S Y S T E M York County Prothonotary's Office (88/07/22) PROT-05A Case No. 1991 - SU Commenced... 19910723 Case Status. A Active Case Type... Custody Last Updated 19910724 X Filed Code 19940906 04089 NO' - 03555 - 03 Comment 1: by APQ 2: 3: Impound Flag 4: by APQ 5: _______= DOCKETS ENTERED =__ D O C K E T D E S C R I P FILE GIVEN RE: PA R. C. P. 236 RODGER D JOHNSON AND JOSEPHINE L JOHNSON H/W VERSUS MICHELLE L LOUTHIAN AND SHANE M LOUTHIAN H/W ------------------------ T I 0 N Index Updated 19940908 19950120 04104 ORDER RE: CUSTODY BY THE CT: PENNY L BLACKWELL J (PRE-TRIAL CONF ON TUES 2/14/95 COMMENCING AT 9:30AM) 19950120 04089 NOTICE GIVEN RE: PA R. C. P. 236 19950125 19950125 (2)First (8)Position File (15)Judgment (16)Exit (32)Case Lookup C I V I L C O U R T C A S E I N F O R M A T I O N S Y S T E M York County Prothonotary's office (88/07/22) PROT-05A Case No. 1991 - SU - 03555 - 03 Comment 1: RODGER D JOHNSON AND Commenced... 19910723 by APQ 2: JOSEPHINE L JOHNSON H/W Case Status. A Active 3: VERSUS Case Type... Custody Impound Flag 4: MICHELLE L LOUTHIAN AND Last Updated 19910724 by APQ 5: SHANE M LOUTHIAN H/W DOCKETS ENTERED X Filed Code D O C K E T D E S C R I P T I O N Index Updated 19950213 04292 PETITION TO WITHDRAW APPEARANCE 19950214 OF JERRY BROWN ON BEHALF OF DEFEN DANTS W/CERT OF SERVICE 19950214 04123 APPEARANCE ENTERED 19950214 N CHRISTOPHER MENGES ESQ FOR PLAI NTIFF W/ CERTIFICATE OF SERVICE 19950227 04106 WITHDRAWAL OF APPEARANCE 19950301 OF JERRY W BROWN ESQ ON BEHALF OF THE PLAINTIFFS IN THE ABOVE MATTER (2)First (8)Position File (15)Judgment (16)Exit (32)Case Lookup C I V I L C 0 U R T C A S E I N F O R M A T I O N S Y S T E M York County Prothonotary's Office (88/07/22) PROT-05A Case No. 1991 - SU - 03555 - 03 Comment 1: RODGER D JOHNSON AND Commenced... 19910723 by APQ 2: JOSEPHINE L JOHNSON H/W Case Status. A Active 3: VERSUS Case Type... Custody Impound Flag 4: MICHELLE L LOUTHIAN AND Last Updated 19910724 by APQ 5: SHANE M LOUTHIAN H/W DOCKETS ENTERED X Filed Code D O C K E T D E S C R I P T I O N Index Updated 19950306 04843 PRAECIPE 19950307 TO WITHDRAW PETITION FOR LEAVE TO WITHDRAW APPEARANCE OF J BROWN FOR MICHELLE W/CERT SVC 19950412 04379 PETITION FOR CONTEMPT 19950413 & OR MODIFICATION OF ORDER W/CERT OF SVC 19950605 04025 CERTIFICATE OF SERVICE OF 19950607 OF PLTFS ANSWER TO DEFTS REQUEST FOR ADMISSION (FIRST SET) (2)First (8)Position File (15)Judgment (16)Exit (32)Case Lookup C I V I L C 0 U R T C A S E I N F O R M A T I O N S Y S T E M York County Prothonotary's Office (88/07/22) PROT-05A Case No. 1991 - SU - 03555 - 03 Comment 1: RODGER D JOHNSON AND Commenced.. . 19910723 by APQ 2: JOSEPHINE L JOHNSON H/W Case Status . A Active 3: VERSUS Case Type.. . Custody Impound Flag 4: MICHELLE L LOUTHIAN AND Last Update d 19910724 by APQ 5: SHANE M LOUTHIAN H/W ----------- ------------------ DOCKETS ENTERED =_______----- ---------------- X Filed Code D 0 C K E T D E S C R I P T I O N Index Updated 19950623 04358 ORDER OF CO URT SCHEDULING HEARING 19950626 HRG SCH FOR OCT 30 & 31 1995 LOAM BY THE CT: PENNY L BLACKWELL JUDGE 19950623 04089 NOTICE GIVEN RE: PA R. C. P. 236 19950626 19950804 04185 MEMORANDUM FOR PRE-TRIAL CONFERENCE 19950817 (2)First (8)Position File (15)Judgment (16)Exit (32)Case Lookup C I V I L C 0 U R T C A S E I N F O R M A T I O N S Y S T E M York County Prothonotary's Office (88/07/22) PROT-05A Case No. 1991 - SU - 03555 - 03 Comment 1: RODGER D JOHNSON AND Commenced... 19910723 by APQ 2: JOSEPHINE L JOHNSON H/W Case Status. A Active 3: VERSUS Case Type... Custody Impound Flag 4: MICHELLE L LOUTHIAN AND Last Updated 19910724 by APQ 5: SHANE M LOUTHIAN H/W DOCKETS ENTERED X Filed Code D 0 C K E T D E S C R I P T I O N Index Updated 19950908 04025 CERTIFICATE OF SERVICE OF 19950911 COPY OF INT ERROGATORIES 19950929 04358 ORDER OF COURT SCHEDULING HEARING 19951004 HRG SCH FOR NOV 16 & 17 1995 @ 9:30AM CT RM 3 BY THE CT: PENNY L BLACKWELL JUDGE 19950929 04089 NOTICE GIVEN RE: PA R. C. P. 236 19951004 (2)First (8)Position File (15)Judgment (16)Exit (32)Case Lookup C I V I L C 0 U R T C A S E I N F O R M A T I O N S Y S T E M York County Prothonotary's Office (88/07/22) PROT-05A Case No. 1991 - SU - 03555 - 03 Comment 1: RODGER D JOHNSON AND Commenced... 1.9910723 by APQ 2: JOSEPHINE L JOHNSON H/W Case Status. A Active 3: VERSUS Case Type... Custody Impound Flag 4: MICHELLE L LOUTHIAN AND Last Updated 19910724 by APQ 5: SHANE M LOUTHIAN H/W DOCKETS ENTERED X Filed Code D O C K E T D E S C R I P T I O N Index Updated 19951020 04358 ORDER OF CO URT SCHEDULING HEARING 19951025 RESCHEDULED FOR NOV 15 & 16 1995 9:30AM CT RM 3 BY THE CT: JOHN T MILLER JUDGE 19951020 04089 NOTICE GIVE N RE: PA R. C. P. 236 19951025 19951108 04358 ORDER OF CO URT SCHEDULING HEARING 19951113 RESCHEDULED FOR DEC 7 & 8 1995 9:30AM BY THE CT: PENNY L BLACKWELL JUDGE (2)First (8)Position File (15)Judgment (16)Exit (32)Case Lookup C I V I L C 0 U R T C A S E I N F O R M A T I O N S Y S T E M York County Prothonotary's Office (88/07/22) PROT-05A Case No. 1991 - SU - 03555 - 03 Comment 1: RODGER D JOHNSON AND Commenced... 19910723 by APQ 2: JOSEPHINE L JOHNSON H/W Case Status. A Active 3: VERSUS Case Type... Custody Impound Flag 4: MICHELLE L LOUTHIAN AND Last Updated 19910724 by APQ 5: SHANE M LOUTHIAN H/W DOCKETS ENTERED X Filed Code D O C K E T D E S C R I P T I O N Index Updated 19951108 04089 NOTICE GIVEN RE: PA R. C. P. 236 19951113 19951204 04120 SUBPOENA ISSUED 19951204 19960119 04104 ORDER RE: CUSTODY 19960123 MATTER CONTINUED UNTIL 2/8196 9AM BY THE CT: PENNY L BLACKWELL JUDGE (2)First (8)Position File (15)Judgment (16)Exit (32)Case Lookup C I V I L C 0 U R T C A S E I N F O R M A T I O N S Y S T E M York County Prothonotary's Office (88/07/22) Case No. 1991 - SU Commenced... 19910723 Case Status. A Active Case Type... Custody Last Updated 19910724 X Filed Code 19960119 04089 NO' 03555 - 03 Comment 1: by APQ 2: 3: Impound Flag 4: by APQ 5: -======= DOCKETS ENTERED === D O C K E T D E S C R I P LICE GIVEN RE: PA R. C. P. 236 PROT-05A RODGER D JOHNSON AND JOSEPHINE L JOHNSON H/W VERSUS MICHELLE L LOUTHIAN AND SHANE M LOUTHIAN H/W ----------------------- T I 0 N Index Updated 19960123 19960830 04096 OPINION AND ORDER 19960903 PETITION TO MODIFY EXISTING ORDER DENIED BY THE CT: JOHN T MILLER JUDGE 19960830 04089 NOTICE GIVEN RE: PA R. C. P. 236 19960903 (2)First (8)Position File (15)Judgment (16)Exit (32)Case Lookup C I V I L C 0 U R T C A S E I N F O R M A T I O N S Y S T E M York County Prothonotary's Office (88/07/22) PROT-05A Case No. 1991 - SU - 03555 - 03 Comment 1: Commenced... 19910723 by APQ 2: Case Status. A Active 3: Case Type... Custody Impound Flag 4: Last Updated 19910724 by APQ 5: DOCKETS ENTERED =__ X Filed Code D 0 C K E T D E S C R I P 19980311 04030 PETITION FOR CONTEMPT OF CUSTODY FOR FAILURE TO COMPLY W/CERT OF RODGER D JOHNSON AND JOSEPHINE L JOHNSON H/W VERSUS MICHELLE L LOUTHIAN AND SHANE M LOUTHIAN H/W ----------------------- T I 0 N Index Updated ORDER 19980312 3VC 19980311 04929 DIRECTIVE APPOINTING CUSTODY CONCILIATOR 19980312 STEVEN M CARR ESQ TO CONDUCT CONFERENCE ON 3/24/98 02:OOPM 19980323 04052 PRELIMINARY OBJECTIONS 19980324 TO PETITION FOR CONTEMPT WITH CERTIFICATE OF SERVICE (2)First (8)Position File (15)Judgment (16)Exit (32)Case Lookup C I V I L C O U R T C A S E I N F O R M A T I O N S Y S T E M York County Prothonotary's Office (88/07/22) PROT-05A Case No. 1991 - SU - 03555 - 03 Comment 1: RODGER D JOHNSON AND Commenced... 19910723 by APQ 2: JOSEPHINE L JOHNSON H/W Case Status. A Active 3: VERSUS Case Type... Custody Impound Flag 4: MICHELLE L LOUTHIAN AND Last Updated 19910724 by APQ 5: SHANE M LOUTHIAN H/W DOCKETS ENTERED X Filed Code D O C K E T D E S C R I P T I O N Index Updated 19980323 04576 AFFIDAVIT OF SERVICE 19980330 OF PETITION TO HAVE RESPONDENT HELD IN CONTE- MPT OF CT 19980330 04931 REPORT OF CONCILIATOR 19980331 FILED BY STEVEN M CARR 19980402 04619 CONSENT TO ENTRY OF COURT ORDER 19980403 (2)First (8)Position File (15)Judgment (16)Exit (32)Case Lookup C I V I L C 0 U R T C A S E I N F O R M A T I O N S Y S T E M York County Prothonotary's Office (88/07/22) PROT-05A Case No. 1991 - SU - 03555 - 03 Comment 1: Commenced... 19910723 by APQ 2: Case Status. A Active 3: Case Type... Custody Impound Flag 4: Last Updated 19910724 by APQ 5: DOCKETS ENTERED === X Filed Code D 0 C K E T D E S C R I P 19980402 04928 CONCILIATION CONFERENCE MEMORANDi OF DEFENDANT RODGER D JOHNSON AND JOSEPHINE L JOHNSON H/W VERSUS MICHELLE L LOUTHIAN AND SHANE M LOUTHIAN H/W ------------------------ T I 0 N Index Updated im 19980408 19980402 04104 ORDER RE: CUSTODY 19980407 PARTIES SHALL CONTINUE TO SHARE LEGAL CUSTODY BY THE COURT RICHARD K RENN JUDGE 19980402 04089 NOTICE GIVEN RE: PA R. C. P. 236 19980407 (2)First (8)Position File (15)Judgment (16)Exit (32)Case Lookup `v IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA MICHELLE L. LOUTHIAN No. 91-SU-03555-03 VS. SHANE M. LOUTHIAN Custody APPEARANCES: Clyde W. Vedder, Esquire For Shane M. Louthian w N. Christopher Menges, Esquire -? For Michelle L. Louthian r * ? O R D E R In this matter the parties appeared before Steven M. Carr, Conciliator, with regard to Father's Contempt Petition regarding this Court's Order of July 13, 1993 involving the parties' child, Zachary J. Louthian, born October 19, 1990. The parties were able to reach an agreement at the conciliation conference, which agreement is hereby adopted as an order of this Court. As a result of the agreement, the Preliminary Objections filed by Mother shall be deemed to be withdrawn. Further, the Contempt Petition filed by Father shall be deemed to be withdrawn. As a result of the agreement of the parties, this Court's Order of July 13, 1993 shall remain in full force and effect except as modified in this Order. Accordingly, the parties shall continue to share legal custody of the child and Mother shall continue to have majority physical custody of the child subject to Father's rights of partial custody. Qgf QQU'1500i•'I I Annex "B" CR D from the re-o Is of the Court of Co r9?r Pleas a York rm , Pennsylvania thi f s0 - day of A.D..19 TT ? Stwia N. Gates, Prothonotary F'ather's rights of partial custody on alternate weekends shall henceforth be from 6:00 p.m. Friday until 6:00 p.m. on Sunday, commencing Friday, April 3, 1998. Father shall continue to have the additional rights of partial custody set forth in the previous Court Order. With regard to shared legal custody, the Court reemphasizes that shared legal custody requires that the parties discuss matters involving the child's health, education, and welfare. Specifically, Father shall be given advance notice of Mother's desire for the child to see a doctor, dentist, psychologist/psychiatrist or other healthcare professional on a non-emergency basis. Father shall then have the opportunity to express his opinion with regard to the necessity for seeing such a healthcare professional. Father shall also be given advance notice of any desire to prescribe any medications for the child. Certainly, Father has the ability to discuss potential medications with the healthcare professionals and to discuss counseling directly with the healthcare professionals. Father shall also be notified of any appointments so that he has the ability to participate in those appointments when scheduled. In addition, Mother has agreed and is therefore ordered to pay Father's attorney's fees of $400.00 within 60 days of March 24, 1998. Payment shall be made directly to Attorney Vedder. With regard to extracurricular activities for the child while the child is in Father's custody and control, Father has agreed and is therefore ordered to ensure that the child attends at least one extracurricular activity per month that is regularly scheduled during Father's period of partial custody. In other words, if the child has a T-ball game, a soccer match, a swim meet, or a scout event, Father shall ensure that the child attends at least one extracurricular event per month that is regularly scheduled. Mother shall provide Father with copies of the child's schedule so that Father can comply with this requirement. In addition, Father shall be granted a make-up weekend for a missed weekend in February, 1998. This weekend shall be the weekend of April 24, 1998. Finally, the Court notes that Father has expressed a desire to exercise partial custody for one half of each summer which would be a increase of the four weeks currently granted. The parties were unable to reach an agreement in this regard. The entry of the present Order is without prejudice to Father to request a further modification with regard to that provision or any other provision in the event he seeks to modify the' Order in the future. Of course, the Order is also without prejudice to Mother to seek a modification in the event future circumstances warrant. The parties are commended by the Court for reaching an agreement on this matter. It is hoped that parties will somehow continue to agree and cooperate with the view toward the best interests of their child. We direct that copies of this order be provided to Attorneys Vedder and Menges. L31/ Fe Date By the_,CGd D R `fr?"x?At ()Uemn, Judge IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA MICHELLE L. LOUTHIAN VS. :i SHANE M. LOUTHIAN jAPPEARANCES: , No. 91-SU-03555-03 Civil Action - Law Action in Custody - Petition for Modification CLYDE W. VEDDER, Esquire For Petitioner %.0 T it r.. ,n •? ii N. CHRISTOPHER MENGES, Esquire i; For Respondent rte: _ _ ii OPINION r I This matter comes before the Court on a Petition filed by Shane M . Louthian, hereinafter called Father, asking that the Order of this Court, dated July 13, 1993, per Penny L. Blackwell, Judge, be modified so as to transfer majority custody to Father, and grant partial custody in the nature of visitation, to Michelle L. Louthian, hereinafter called Mother. Zachary J. Louthian was born on October 19, 1990, to Michelle L. Louthian and j Shane M. Louthian, who were then husband and wife. The parties separated shortly before Zachery was born. After Zachery's birth, Mother had custody of the child and Father had limited visitation. About one (1) year later, Zachery's maternal grandparents, Rodger and i Josephine Johnson, assumed custody and kept the child for approximately one (1) year until Father filed a Petition to modify his partial custody rights. On July 16, 1993, Judge Annex "C" Blackwell entered an Order giving Mother and Father shared legal custody, and giving Mother majority physical custody of the child subject to Father's rights of partial custody as set forth in that Order. On August 3, 1994, Father filed the instant Petition to modify the custody Order by transferring majority physical custody to him, alleging that Mother has attempted to disrupt the Father's custodial rights with the child, that the child should be raised with his other sibling who resides with Father, and that Mother is incapable of properly parenting the child and suffers from psychologically inappropriate behavior which creates an inappropriate dependent relationship with the child. Not to be outdone, Mother filed a Petition to modify the existing Order and to hold Father it,, contempt of Court for his alleged failure to properly administer medication to the child during visitation periods. After hearing, we have reviewed the testimony in light of our evaluation of the witnesses, and make the following: FINDINGS OF FACT 1. Zachary J. Louthian was born on October 19, 1990, at Polyclinic Hospital in Harrisburg, Dauphin County, Pennsylvania. 2. Mother and Father were married on May 15, 1990, and divorced on September i 23, 1992. II 3. After the child lived with the maternal grandparents (maternal grandmother and I? li her husband) for about one (1) year, Mother regained custody and the child has lived with i her since that time subject to partial custody in the nature of visitation with Father. Legal ii custody is shared between Mother and Father. 2 4. During the time when the maternal grandparents had custody, Mother began ii a live-in relationship with a paramour, Leroy Ash. This continued for a period of approximately two (2) years during which Mother regained custody of the child. 5. During the relationship with Leroy Ash, Mother was taking college courses on weekends. In May of 1994, Mother separated from Leroy Ash. It appears that their relationship was a physically abusive one. 6. Sometime after separating from Leroy Ash, Mother began a relationship with David Harbaugh, with whom she now lives in Mechanicsburg, Cumberland County, Pennsylvania. In the household the following persons reside: Mother, David Harbaugh, Mr. Harbaugh's seven-year-old daughter by a prior relationship, the one-year-old child of Mother and Mr. Harbaugh, and Zachary. i ji; 7. Mother received her bachelors degree in behavorial science in 1995 from Penn I? State Harrisburg. She is a caseworker with York County Children and Youth Services. Mr. Harbaugh is employed at Mechanicsburg Naval Depot. 8. Father remarried on October 31, 1992, to Carla Louthian. They reside in West a i York Borough, York County, Pennsylvania. 9. Father and his wife have no children of their marriage. However, Father has I! a seven-year-old daughter named Amanda, born of a prior relationship. Father has weekend visitation with Amanda. i 10. The present custody Order gives Father partial custody on alternate weekends from Friday at 5:00 P.M. until Sunday at 5:00 P.M., an alternating schedule of holiday visitation, and a total of four (4) weeks of summer custody. 3 11. Mother and Father have been unable to maintain either civility or rationality in their relationship with each other. Mother has reported Father to York County Children and Youth Services for child abuse in that the child received at least a first degree sunburn and perhaps more than that during a weekend when Father had partial custody. Mother also has complained throughout the time when custody has been shared that Father refused to give the child his prescribed medication when Father has the child in his custody. Father denies any abuse and contends that Mother has been totally uncooperative and has failed to explain either the type of medication or the need for the medication. it is also clear that Mother denigrates Father in the child's presence. ?i 12. Mother has not made it easy for Father to exercise visitation or partial custody. 13. Both Mother and Father have extended family available, all of whom are a valuable resources for the child's development. li Ij DISCUSSION it i It is obvious that Mother and Father dislike each other and that it is unlikely that they !i will ever cooperate in raising the child in such a way that he can develop normally. We I? 11 believe that this will be true no matter who has majority custody. While it appears that i Mother may be more emotionally unstable than Father. it does not appear that this !I difference is significant. Nor are the family groupings significantly different except that i i Father and Carla are married, whereas Michelle and David are not married, although they seem to be considering the taking of such a step. The family units are "blended" in each case, but there is little that the Court can do to insure that Zachery will grow up in a stable nuclear family. It is indeed unfortunate that the parties seem to be unable to understand what they are doing to their child, but ascribe to themselves pure motives; coversely they demonize the other parent. We have had the opportunity to observe both parents in-the--,- 4 courtroom and to see and hear their testimony on the witness stand. We have heard the it 1 testimony of Janet S. Bliss, a licensed psychologist, and Dr. Richard E. Carlson, Ph.D., also a licensed psychologist. While Ms. Bliss recommended a change in primary custody from Mother to Father based upon what she perceives to be a Parental Alienation Syndrome in i Michelle. Dr. Carlson, on the other hand, recommends that no change in primary custody be made, finding that each parent has essentially the same parenting abilities. We are satisfied that each of the parties, Mother and Father, sincerely love Zachery. ii We are satisfied that both Mother and Father dislike each other, and that Mother's dislike of Father is perhaps more deeply held. We believe that Mother would not be unhappy if j Father had no contact with the child, but we cannot say that she is actively trying to alienate the child from his Father to such an extent as to make necessary the rather drastic step of a change in primary custody. We understand that mediation has been attempted but both Mother and Father seem to feel that it has been ineffective and will probably not be successful. Based upon the evidence in our assessment and evaluation of that evidence, we make the following: FINDINGS OF FACT 1. This Court has jursidiction to decide the issues before it. I' 2. Father has failed to sustain the burden of proving that the best interests of the child require the change of primary custody from Mother to Father. 5 i i 3. The best interests of the child will be promoted by the continuance of the present custodial arrangement. Accordingly, we enter the following Order. BY THE COURT, II _ r? John . Mill r, Judge i i!I Dated: ?;I30/60 I? i! 6 IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA MICHELLE L. LOUTHIAN : No. 91-SU-03555-03 vs. : Civil Action - Law SHANE M. LOUTHIAN : Action in Custody - Petition for Modification jAPPEARANCES CLYDE W. VEDDER, Esquire For Petitioner i; N. CHRISTOPHER MENGES, Esquire is For Respondent ii i? jj ORDER AND NOW, this 4j day of aLl? 1996, we refuse the Petition to modify the existing custody Order and direct that the Order of July 13, 1993, shall continue in effect until further Order of Court. BY THE COURT, l John T. filler, Judge IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA RODGER D. JOHNSON and JOSEPHINE L. JOHNSON VS. MICHELLE L. LOUTHIAN and SHANE M. LOUTHIAN No. 91-SU-03555-03 Custody York, Pa., Tuesday, July 13, 1993 Before Honorable Penny L. Blackwell, Judge JAPPEARANCES: Clyde W. Vedder, Esquire For Shane M. Louthian Christina M. Veltri, Esquire W For Michelle L. Louthian ORD ER N This matter is before the Court on the Father's Vetition to modify partial custody rights with regard to Zachary J. Louthian, born October 19, 1990. The parties have been able to reach an agreement, which agreement is hereby adopted as an Order of this Court, and which agreement and Order replaces all previous orders of this Court with regard to this matter. Accordingly, it is ordered that the parties shall share legal custody of the child, and the Mother shall have majority physical custody of the child subject to Father's rights of partial custody as set forth herein. Father shall have rights of partial custody as follows: 1 Annex "D" 1. On alternate weekends from Friday at 5:00 p.m. until Sunday at 5:00 p.m. beginning Friday, July 16, 1993. 2. On alternate holidays, said holidays being New Year's Day, Memorial Day, Fourth of July, Labor Day, and Thanksgiving Day from 8:00 a.m. until 8:00 P.M. commencing with Father's exercise of partial custody on Labor Day, 1993. In the event the holiday is a Monday holiday, and said holiday coincides with Father's regularly scheduled weekend exercise of partial custody, in that event, Father shall be entitled to retain the child over the entire three-day weekend. It is also noted by the Court that holidays supersede any other rights of custody or partial custody set forth in this Order. 3. On Father's Day from 8:00 a.m until 8:00 p.m. Conversely, Mother shall have rights of custody on Mother's Day from 8:00 a.m. until 8:00 p.m., which rights shall supersede any other rights of custody or partial custody as set forth herein. 4. For Christmas, in odd numbered years, Father shall be entitled to custody from 12:00 noon on Christmas Eve until 12:00 noon on Christmas Day with Mother having custody from 12:00 noon on Christmas Day until 12:00 noon on December 26. In even numbered years, Mother shall be entitled custody from 12:00 noon on Christmas Eve until 12:00 noon on Christmas Day with Father having partial custody from 12:00 noon on Christmas Day until 12:00 noon on December 26. Again, the rights of custody on Christmas shall supersede any other regularly scheduled rights of weeklong or weekend custody or partial custody. 2 5. For the summer, Father shall be entitled to four weeks to be exercised in two-one week periods and one-two week periods upon 30-days written notice to Mother. In addition, Mother shall be entitled to three weeks of uninterrupted custody during the summer for purposes of vacation, although no more than two of those weeks may be consecutive. Again, Mother's exercise of her rights of weeklong visitation during the summer shall be made with 30-days written notice to Father. In the event of a conflict, the party first providing notice shall prevail. Mother acknowledges that she has been given notice for three weeks for the summer of 1993. Father shall provide Mother with notice for the fourth week of the summer of 1993 within 10 days of July 13, 1993. As for Mother, mother has selected the week of August 29, 1993 for her weeklong exercise. With regard to transportation, the parties shall share transportation with there being a designated pick-up point. The designated pick-up point shall be the Rutter's at the Strinestown exit of Interstate 83. Specifically, the pick-up point shall be inside the said Rutter's. Neither Father's wife or Father's Mother shall participate in the actual transfer of the child inside the Rutter's. In addition, each party shall be entitled to reasonable telephone privileges with the child while the child is in the custody and control of the other. The parties are commended by the Court for reaching an agreement on this matter. It is hoped that the parties will be 3 able to cooperate in the future with a view toward the best interest of their son. We direct that copies of this order be provided to Attorneys Vedder and Veltri. Finally, the Court notes that Rodger D. Johnson and Josephine L. Johnson are no longer parties to this matter. Accordingly, the caption of the case should hereby be amended to provide that the Plaintiff shall be Michelle L. Louthian and the Defendant, Shane M. Louthian. By the Court, ?-Pe y-L. Blackwe ,edge A i9y3 4 IN THE COURT OF COMMON PLEAS OF YOR COUNTY, PENNSYLVAINIA MICHELLE L. LOUTHIAN, Plaintiff NO.: 91-SU-03555-03 V. SHANE M. LOUTHIAN, Defendant CWIL ACTION - LAW i co 3 CUSTODY °:: ?ETITION FOR CONTEMPT CIO ate AND NOW, comes MENGES, QENT & McLAUGHLIN, attorneys for Michelle L. fouthian, Plaintiff/Mother, before your Honorable Court with these Preliminary Objections, the following which is a statement: 1. On March 11, 1998 the Defendant/Father, Shane M. Louthian filed the above- referenced Petition for Contempt in the York County Court of Common Pleas. 2. The Plaintiff/Mother, Michelle L. Louthian was served with a copy thereof on or about March 16, 1998. 3. Jurisdiction and venue in York County, Pennsylvania, is improper in this matter pursuant to PA R.C.P. 1915.2(a)(2) and 1915.2(a)(1)(I). The action should have been brought and filed in Cumberland County inasmuch as the child has lived with Plaintiff/Mother, Michelle L. Louthian, in Cumberland County for approximately the last four (4) years. Annex "E" WHEREFORE, Plaintiff/Mother, Michelle L. Louthian prays your Honorable Court for a transfer of the above-captioned action to Cumberland County, Pennsylvania. Respectfully submitted, MENGES, GENT & MCLAUGHLIN, LLP ?K' __7? N. stopher nges, Esquire Sup. Ct. I.D.#23;66 145 East Market Street York, Pennsylvania 17401 (717) 843-8046 Attorneys for Plaintiff/Mother IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE L. LOUTHIAN, NO: 99-4879 Plaintiff, V. CIVIL ACTION - LAW SHANE M. LOUTHIAN, CUSTODY Defendant. I, N. Christopher Menges, Esquire, do hereby certify that a true and correct copy of the Order Of Court, was served upon the below named, by placing same in the United States Mail, first-class postage prepaid thereon, addressed as follows: Clyde W. Vedder, Esquire 32 North Duke Street York, PA 17401 And Shane M. Louthian 1447 Monroe Street York, PA 17404 MENGES, GENT & McLAUGHLIN, LLP Dated: N. )Christopher nges, Esquire Sup. Ct. I.D. No. 23166 145 East Market Street York, PA 17401 (717) 843-8046 Attorneys for Plaintiff SEP - 8 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION: LAW MICHELLE L. LOUTHIAN, Plaintiff VS. SHANE M. LOUTHIAN, Defendant No. 4494-C of 1999 Custody Action DEFENDANT'S BRIEF IN SUPPORT OF PRELIMINARY OBJECTIONS AND NOW, TO WIT, this 7`h day of September, 1999, comes the Defendant, Shane M. Louthian, by his attorneys, Morris & Vedder, and files this brief in support of his preliminary objections of which the following is a statement: I - STATEMENT OF FACTS Plaintiff initiated the instant action on August 12, 1999, by the filing of a Petition to Modify Custody Order, seeking to modify an existing Court order dated July 16, 1993, entered by the Court of Common Pleas of York County, Pennsylvania. Plaintiff's Complaint admits that, "The applicable Order in this matter, concerning the child, is an order issued by the York County Court of Common Pleas per the Honorable Penny L. Blackwell, Judge, on July 16, 1993." See paragraph 3 of Plaintiff's petition. Not only has such order been entered but the parties are also MORRIS& VEDDER currently under and subject to two (2) subsequent Court orders ]2 N. DUKE ST. YORK. PA. entered by the Court of Common Pleas in York County, Pennsylvania MORRIS 6 VEDDER 32 N. DUKE ST YORK. PA. and dated March 31, 1998, and August 30, 1996, respectively) (Annexes "B" and "C" to Defendant's Preliminary Objections). The York County action was commenced on July 23 , 1991, and remains active and pending. Such action has never been stayed no has the Court of Common Pleas of York County, Pennsylvania declined to assume jurisdiction to modify its decree. On the contrary, the Court of Common Pleas of York County, Pennsylvania accepted jurisdiction to hear modification petitions filed on March 24, 1992, June 25, 1993, August 3, 1994, April 12, 1995, and although Plaintiff filed preliminary objections to jurisdiction and venue on March 23, 1998, by Order dated March 31, 1998, (Annex "B") Plaintiff's preliminary objections were deemed withdrawn. See Docket Entries (Annex "A" to Defendant's Preliminary Objections). Plaintiff's complaint admits that Defendant, the father of the child, lives in York, York County, Pennsylvania. See paragraph 2 of Plaintiff's complaint. Likewise, Mother is employed full-time by the York County Children and Youth Services and works daily in York County. II. LEGAL ISSUE INVOLVED 1. SHOULD THE PENDING PETITION TO MODIFY CUSTODY BE DISMISSED FOR LACK OF JURISDICTION AND PENDENCY OF PRIOR ACTION? i SUGGESTED ANSWER: Yes. I III. LEGAL ARGUMENT The Uniform Child Custody Jurisdiction Act (UCCJA) was; 2 enacted in Pennsylvania (with only insubstantial changes in wording) by the Act of June 30, 1977, P.L. 29, No. 20, now found at 42 Pa.C.S.A. S 5341, et seq. Section 5364(h)(1) entitled "Modification of custody decrees" allocates jurisdiction between Pennsylvania counties in the same manner as the UCCJA allocates jurisdiction between states. It provides: (1) If another court has made a custody decree, a court before which a petition for modification is pending shall not modify the decree of the other court unless it appears to the court before which the petition is pending that the other court which rendered the decree does not have jurisdiction under jurisdictional prerequisites substantially in accordance with this subchapter or has declined to assume jurisdiction to modify its decree and the provisions of subsection (f) (2) will not be violated by an exercise of jurisdiction by the court before which the petition is pending. 42 Pa.C.S.A. S 5364(h) (1) As previously related, at the time the custody proceeding was initiated before your Honorable Court in Cumberland County, the York County court had already entered three active custody orders, all of which continue to be active, binding and enforceable upon the parties. The mother's petition candidly acknowledges that she is seeking to modify one of the York County orders and nothing more. Though Cumberland County may have proper venue and jurisdiction if no previous custody action concerning the child existed, your Honorable Court should refuse to exercise MORRIS C VEDDER 32 N. DUKE ST. jurisdiction in this case. Doing so assures compliance with YORK. PA. Section 5364(h)(1) as it limits Cumberland County's assertion of 3 MORRIS & VIED DER ]3 N. DUKE 5T. YORK. PA jurisdiction where a proceeding is already pending in another county exercising jurisdiction. Under these circumstances, the Act provides that the your Honorable Court "shall not modify thel decree of the other court." 23 Pa.C.S. S 5364(h)(1); See also' 1 Simpkins v. Disney, 416 Pa.Super. 243, 610 A.2d 1062 (1992); Grunl v. Grun, 344 Pa.Super. 432, 496 A.2d 1183 (1985), affirmed, 5111 Pa. 374, 514 A.2d 1372 (1986), which cases deal with 23 Pa.C.S. S! 5347 relating to simultaneous proceedings in other states. Sincel your Honorable Court has no authority to modify the York County orders it would be a useless exercise for it to accept jurisdiction of mother's petition to modify. Refusing to accept jurisdiction clearly facilitates many of the stated purposes of the UCCJA as it applies "intrastate." Section 5364(a) entitled "Intrastate application" provides: (a) General rule.-Except as otherwise provided in this section, the provisions of this subchapter allocating jurisdiction and functions between and among courts of different states shall also allocate jurisdiction and functions between and among courts of common pleas of this Commonwealth. 23 Pa.C.S. S 5364(a). The stated purposes of the UCCJA are found at section 5342(a) which provides (amended to reflect intrastate instead of interstate): (a) Purposes.--The general purposes of this subchapter are; to: (1) Avoid jurisdictional competition and conflict with: courts of other (counties) in matters of child custody which; have in the past resulted in the shifting of children from (county) to (county) with harmful effects on their well - I 4 being. (2) Promote cooperation with the courts of other (counties) to the end that a custody decree is rendered in that (county) which can best decide the case in the interest of the child. (3) Assure that litigation concerning the custody of a child takes place ordinarily in the (county) with which the child and his family have the closest connection and where significant evidence concerning his care, protection, training, and personal relationships is most readily available, and that courts of this Commonwealth decline the exercise of jurisdiction when the child and his family have a closer connection with another state. (4) Discourage continuing controversies over child custody in the interest of greater stability of home environment and of secure family relationships for the child. (5) Deter abductions and other unilateral removals of children undertaken to obtain custody awards. (6) Avoid relitigation of custody decisions of other (counties) insofar as feasible. (7) Facilitate the enforcement of custody decrees of other (counties). (8) Promote and expand the exchange of information and other forms of mutual assistance between the courts of this Commonwealth. MORRIS Q VEDDER ]1 N. DUNE ST YORK. PA. 42 Pa. C.S.A. S 5342 (a) . Finally, the child has had and continues to have a significant connection to York County. Mother admits that father continues to live in York County. In fact, (it was mother who initiated the pending and active custody action in York County while both parties were living there. It is also true that mother is employed by a York County agency where she works full-time. Clearly, these contacts are sufficient to warrant the continuing exercise of jurisdiction by York County. See Moffitt v. Moffitt, 5 356 Pa.Super. 142, 514 A.2d 184 (1986). In addition, mother should be collaterally estopped from objecting to York County's continuing jurisdiction over the child's custody. She raised the issues of jurisdiction and venue by filing preliminary objections to father's petition filed on March 11, 1998, and the Court of Common Pleas of York County, Pennsylvania entered its order of March 31, 1998, (Annex "B") stating that her preliminary objections were deemed withdrawn. IV. CONCLUSION By virtue of the foregoing, your Honorable Court should decline to exercise jurisdiction of this matter. WHEREFORE, Defendant, Shane M. Louthian, respectfully requests your Honorable Court to dismiss Plaintiff fIs Petition for Modification of Custody for lack of jurisdiction and pendency of prior action. Respectfully submitted, MORRIS & VEDDER BY: Clyde W. Vedd r, Esquire 32 N. Duke St. PO Box 544 York, Pennsylvania 17405 (717) 843-9815 Supreme Court No. 32098 Doc. No. Cwv1445 MORRIS C VEDOER 32 N. DUNE ST. YORK. PA. 6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION: LAW MICHELLE L. LOUTHIAN, No. 4494-C of 1999 Plaintiff VS. SHANE M. LOUTHIAN, Defendant Custody Action CERTIFICATE OF SERVICE I, Sophia L. Hollis, secretary to Clyde W. Vedder, Esquire, of the law firm of Morris & Vedder, 32 North Duke Street, City of York, York County, Commonwealth of Pennsylvania, do hereby certify that on this 7"' day of September, 1999, I served a true and correct copy of Defendant's Brief in Support of Preliminary objections by placing the same in the United States mail, postage prepaid to: N. Christopher Menges, Esquire Dawn S. Sunday, Esquire 145 E. Market St. 39 W. Main St. York, PA 17401 Mechanicsburg, PA 17055 MORRIS & VEDDER ! , * A BY:'-. 4.1J1VA-/ I {II J Sophia L. Hollis, Secretary to Clyde W. Vedder, Esquire MORRIS Q VEDDER 32 N. DUKE IT. YORK. PA. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION - LAW MICHELLE L. LOUTHIAN, No. 4494-C-1999 Plaintiff V. SHANE M. LOUTHIAN, CUSTODY ACTION Defendant PLAINTIFF'S BRIEF IN OPPOSITION TO DEFENDANT'S PRFI IMAov OBJECTIONS AND NOW, TO WIT, this 7`h day of October 1999, comes the Plaintiff, Michelle L. Louthian, by her attorneys, MENGES, GENT & McLAUGHLIN, LLP and files this brief in opposition to the Defendant's Preliminary Objections of which the following is a statement: The Plaintiff adopts the Defendant's Statement Of Facts as her Statement Of Facts. SHOULD THE PENDING PETITION TO MODIFY CUSTODY BE DISMISSED FOR LACK OF JURISDICTION? SUGGESTED ANSWER: NO. While most of the argument set forth in Defendant's brief is accurate, Defendant has forgotten one very important part of the U.C.C.J.A. The U.C.C.J.A. at Section 5348 allows Cumberland County to accept jurisdiction because York County, Pennsylvania is an inconvenient forum and Cumberland County, Pennsylvania clearly is not an inconvenient forum. U.C.C.J.A. in Section 5348 (C) provides five factors that are to be considered in determining whether Cumberland County is a snore convenient forum: (1) If another county is or recently was the home county of the state. (2) If another county has a closer connection with the child and his family or with the child and one or more of the contestants. (3) If substantial evidence concerning the past or future care, protection, training and personal relationships of the child is more readily available in another county. (4) If the parties have agreed on another forum which is no less appropriate. (5) If the exercise ofjurisdiction by a court of this county would contravene any of the purposes stated in Section 5342 (relating to purposes and construction of sub chapter). ("Has been changed from state to county because of applicability of Section 5364(A) which gives intrastate application".) The pleadings clearly indicate that the child has not resided in York County, Pennsylvania since approximately 1995. It is clear that York County does not have a closer connection with the child in this family, since both the child and his mother reside in Cumberland County and has resided so for quite some time now. While York County has a closer connection with one of the contestants (rather), sub section 2 specifically reads "closer connection with the child and his family or with the child Md (added) one or more of the contestants". Without the child having a closer connection to York County than Cumberland County, sub section 2 is clearly not fulfilled. Clearly substantial evidence concerning the child is not more readily available in York County than in Cumberland County, since the child and his mother have resided in Cumberland County for such a long time. Clearly the parties have not agreed on another forum, since these Preliminary Objections clearly indicate that there has not been an agreement between the parties as to forum. Finally, the exercise of jurisdiction by Cumberland County would not contravene any of the purposes stated in Purposes Statement of the U.C.C.J.A. (Section 5342). It is perfectly clear that the Purpose Statement of the U.C.C.J.A. are talking about jurisdiction/venue conflicts between states where state law varies from state to state and there is a general conflict of law and procedure from state to state. The law and procedure in Cumberland County is identical to that of York County and vice versa. Nothing could be clearer than the fact that Cumberland County, Pennslyvania, has more contacts with the child and is a more convenient jurisdiction. That is exactly the purpose of Section 5348 (C ) of the U.C.C.J.A. therefore, it is submitted that it is in the best interests of the child as well as judicial economy for Cumberland County, Pennsylvania, to not decline, but rather to accept jurisdiction in this case. Finally, the case is relied on by the Defendant in his brief, are all cases dealing with interstate jurisdictional conflicts, not interceunty within the Commonwealth of Pennsylvania, jurisdiction conflicts. There is a case in Pennsylvania which deals with child custody and intercounty but within the Commonwealth ol'Pennsylvania, jurisdiction conflicts. The case is em v Beni ; 16 Pa Cn er390d6't 7116 (1983) Interestingly, that case contains a very excellent analysis of intercounty jurisdiction conflicts. It is submitted that using the three pronged analysis contain in B=, the more convenient forum and the best forum for the child was clearly Cumberland County, Pennsylvania and not York County, Pennsylvania. As a result of the foregoing, it is submitted that the Honorable Court of Common Pleas of Cumberland County, Pennsylvania, though perhaps not mandated to accept jurisdiction of this case, should accept jurisdiction of this case, since it is in the best interests of the child, it is in the best interests ofjtldicial economy, and that will be in accord with the U.C.C.J.A. and prior case law. Respectfully Submitted: MENGES, GENT & McLAUGHLIN, LLP Date: -#-l Al / N. Christopher Menges, Es?/ Sup. Ct. LD.# 23166 145 East Market Street York, PA 17401 (717) 843-8046 Attorneys for Plaintiff Br101199 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION: LAW 4J 74 MICHELLE L. LOUTHIAN, No. 4444-C of 1999 Plaintiff Vs. SHANE M. LOUTHIAN, Defendant Custody Action CERTIFICATE OF SERVICE I, Sophia L. Hollis, secretary to Clyde W. Vedder, Esquire, of the law firm of Morris & Vedder, 32 North Duke Street, City of York, York County, Commonwealth of Pennsylvania, do hereby certify that on this if day of September, 1999, I served a true and correct copy of Preliminary Objections by placing the same in the United States mail, postage prepaid to: N. Christopher Menges, Esquire Dawn S. Sunday, Esquire 145 E. Market St. 39 W. Main St. York, PA 17401 Mechanicsburg, PA 17055 MORRIS & VEDDER BY:] Jl Sophia L. lis, Secr ary to Clyde W. edder, Esquire 40RRIS Q VEDDER ]2 N. OUKE ST YORK. PA. MENGES, GENT & MCLAUGHLIN, LLP ATTORNEYS-A,r-LA W N. CHRISTOPHER MENGES DOUGLAS H. GENT SHAWN P. MCLAUGHLIN JOSEPH A. KALASNIK SCOTT ALAN MITCHELL October 11, 1999 Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013 Re: Michelle L. Louthian v. Shane M. Louthian No.: 99-4879 Civil Dear Prothonotary: Enclosed herewith please find for filing find an original and three copies of the Plaintiffs Brief In Opposition To Defendant's Preliminary Objections in the above referenced matter. Kindly file the original and return the copy, time-stamped, in the enclosed return envelope. This case is listed for argument on Wednesday, October 13, 1999 in front of your honorable Cumberland County Argument Court. Please also note that due to a medical situation, I am unable to attend this argument, therefore, I respectfully request the Court allow my brief to stand. Thank you for your continued cooperation in this matter. Very truly yours, MENGES GENT & MCLAUGHLIN, LL N. C ristopher Menges, Esquire NCM/ajc PC: Office of the Prothonotary w/enc. Office of the Court Administrator w/enc. Clyde Vedder, Esquire w/enc. Dawn S. Sunday, Esquire w/enc. PLEASE REPLY To: {(L.WS r.AST MARKET STREET YORK, PA 17401 TELEPHONE(717)843.8046 FAX (717) 854-4362 ? 1157EICHr:I.H1:1whRSUHar HANovr.R, PA 17131 TELEPHOSe(717) 632-17S4 FAX (717) 632.2413 ? 600-J EDEN ROAD, SUITE 4 LANCASTER, PA 17601 TELEPHONE(717)560.5068 FAX (717)519-1978 Plaintiff VS. SHANE M. LOUTHIAN, Defendant Custody Action IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION: LAW 4 QaR MICHELLE L. LOUTHIAN, No. 4A9-4-C of 1999 TO THE PROTHONOTARY OF CUMBERLAND COUNTY In accordance with C.C.R.P. Rule No. 210-2, kindly list Defendant's Preliminary objections filed on September 3, 1999, for argument. Date: September 22. 1999 Respectfully submitted, MORRIS && VEDDER BY: Clyde W. Veddfir, Esquire 32 N. Duke St. PO Box 544 York, Pennsylvania 17405 (717) 843-9815 Supreme Court No. 32098 4ORRIS & VEDDER 33 N. DUKE ST. YORK. PA. Doc. No. CWv1379-2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION: LAW MICHELLE L. LOUTHIAN, No. 4494-C of 1999 Plaintiff VS. SHANE M. LOUTHIAN, Defendant Custody Action CERTIFICATE OF SERVICE I, Sophia L. Hollis, secretary to Clyde W. Vedder, Esquire, of the law firm of Morris & Vedder, 32 North Duke Street, City of York, York County, Commonwealth of Pennsylvania, do hereby certify that on this 22nd day of September, 1999, I served a true and correct copy of Praecipe to List Preliminary Objections for Argument by placing the same in the United States mail, postage prepaid to: N. Christopher Menges, Esquire Dawn S. Sunday, Esquire 145 E. Market St. 39 W. Main St. York, PA 17401 Mechanicsburg, PA 17055 MORRIS & VEDDE` IR BY: f lf Sop 'a L. Hollis, Secretary to Clyde W. Vedder, Esquire 4ORRIS & VEDDER 32 N. DUKE ST. YORK. PA. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE L. LOUTHIAN, CIVIL ACTION - LAW Plaintiff NO.: 42*N% }-1"qP SHANE M. LOUTHIAN, 99- zl?79 C. f V 1 l Defendant ORDER OF COURT AND NOW, this _A? day of August, 1999, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before _ZEhj(? .SX_W_V.1'squire,the conciliator, at_?q ??, MQt? ?l( jtl (01 \ Pennsylvania, on the $ day of n, 1999, at o'clock _.M., for a Pre-Hearing Custody Conference. As 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 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, 4T" FLOOR CARLISLE, PA 17013 (717) 240-6200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE L. LOUTHIAN, NO.: Plaintiff CIVIL DIVISION - LAW V. ACTION IN CUSTODY SHANE M. LOUTHIAN, Defendant PETITION TO MODIFY CUSTODY ORDER Your Petitioner is Michelle L. Louthian, the above captioned plaintiff and mother of the child of this action, he being Zackary J. Louthian, a male, born October 19, 1990. Her address is 32 East Keller Street, Mechanicsburg, PA 17055. She and the child have resided in Cumberland County since 1994. 2. The Respondent is Shane M. Louthian, the above captioned defendant and father of said child. His address is 1447 Monroe Street, York, PA 17404, York County. 3. The applicable Order in this matter, concerning this child, is an Order issued by the York County Court of Common Pleas per the Honorable Penny L. Blackwell, Judge, on July 16, 1993; a true and correct copy of which is attached hereto, marked exhibit "A" and incorporated herein by reference. 4. Said Order should be modified as follows and for the following reasons: 1. There is no non-disparaging clause in the order. Father has made disparaging comments to and in front of son and, therefore, the Court Order needs modified to include a non-disparaging clause. 2. The child of this matter needs certain behavioral/social/emotional/educational needs, including but not limited to "wrap around services". Father of child will not agree to have the child signed up for these services and these services are very much needed for the best interests of the child. Therefore, the Court Order needs to be modified to include that these services that are necessary for the child be done and the father be ordered to cooperate with signing the child up for same. WHEREFORE, your Petitioner/Plaintiff(Mother of the child petitions the Honorable Court to modify the existing Order as set forth hereinabove. ccr Date: 11419) Christopher Pees, Esquire MENGES, GE & McLAUGHLIN, LLP Sup. Ct. I.D. No. 23166 145 East Market Street York, PA 17403 (717) 843-8046 Attorneys for Plaintiff PMOD899 I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date:-q`. IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA RODGER D. JOHNSON and JOSEPHINE L. JOHNSON VS. MICHELLE L. LOUTHIAN and SHANE M. LOUTHIAN No. 91-SU-03555-03 Custody York, Pa., Tuesday, July 13, 1993 Before Honorable Penny L. Blackwell, Judge APPEARANCES: Clyde W. Vedder, Esquire For Shane M. Louthian I.o 2 Christina M. Veltri, Esquire For Michelle L. Louthian r * * -o °.c = yC 3 n 0 O R D E R m r o N This matter is before the Court on the Father's VetTtion to modify partial custody rights with regard to Zachary J. Louthian, born October 19, 1990. The parties have been able to reach an agreement, which agreement is hereby adopted as an order of this Court, and which agreement and 'Order replaces all previous Orders of this Court with regard to this matter. Accordingly, it is ordered that the parties shall share legal custody of the child, and the Mother shall have majority physical custody of the child subject to Father's rights of partial custody as set forth herein. Father shall have rights of partial custody as follows: 1 A CI G. X11 I . On alternate weekends from Friday at 5:00 p.m. until Sunday at 5:00 p.m. beginning Friday, July 16, 1993. 2. on alternate holidays, said holidays being New Year's Day, Memorial Day, Fourth of July, Labor Day, and Thanksgiving Day from 8:00 a.m. until 8:00 p.m. commencing with Father's exercise of partial custody on Labor Day, 1993. In the event the holiday is a Monday holiday, and said holiday coincides with Father's regularly scheduled weekend exercise of partial custody, in that event, Father shall be entitled to retain the child over the entire three-day weekend. It is also noted by the Court that holidays supersede any other rights of custody or partial custody set forth in this Order. 3. On Father's Day from 8:00 a.m until 8:00 p.m. Conversely, Mother shall have rights of custody on Mother's Day from 8:00 a.m. until 6:00 p.m., which rights shall supersede any other rights of custody or partial custody as set forth herein. 4. For Christmas, in odd numbered years, Father shall, be entitled to custody from 12:00 noon on Christmas Eve until 12:00 noon on Christmas Day with Mother having custody from 12:00 noon on Christmas Day until 12:00 noon on December 26. In even numbered years, Mother shall be entitled custody from 12:00 noon on Christmas Eve until 12:00 noon on Christmas Day with Father having partial custody from 12:00 noon on Christmas Day until 12:00 noon on December 26. Again, the rights of custody on Christmas shall supersede any other regularly scheduled rights of weeklong or weekend custody or partial custody. 2 5. For the summer, Father shall be entitled to four weeks to be exercised in two-one week periods and one-two week periods upon 30-days written notice to Mother. In addition, Mother shall be entitled to three weeks of uninterrupted custody during the summer for purposes of vacation, although no more than two of those weeks may be consecutive. Again, Mother's exercise of her rights of weeklong visitation during the summer shall be made with 30-days written notice to Father. In the event of a conflict, the party first providing notice shall prevail. Mother acknowledges that she has been given notice for three weeks for the summer of 1993. Father shall provide Mother with notice for the fourth week of the summer of 1993 within 10 days of July 13, 1993. As for Mother, Mother has selected the week of August 29, 1993 for her weeklong exercise. With regard to transportation, the parties shall share transportation with there being a designated pick-up point. The designated pick-up point shall be the Rutter's at the Strinestown exit of Interstate 83. Specifically, the pick-up point shall be inside the said Rutter's. Neither Father's wife or Father's Mother shall participate in the actual transfer of the child inside the Rutter's. In addition, each party shall be entitled to reasonable :elephone privileges with the child while the child is in the :ustody and control of the other. The parties are commended by the Court for reaching an greement on this matter. It is hoped that the parties will be 3 able to cooperate in the future with a view toward the best interest of their son. We direct that copies of this order be provided to IlAttorneys Vedder and Veltri. Finally, the Court notes that Rodger D. Johnson and Josephine L. Johnson are no longer parties to this matter. Accordingly, the caption of the case should hereby be amended to provide that the Plaintiff shall be Michelle L. Louthian and the Defendant, Shane M. Louthian. By the Court, ??Pe Blackwe , udge • /G' lyy3 4 OCT 1 2 1sssI? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE L. LOUTHIAN, NO: 99-4879 Plaintiff, V. CIVIL ACTION - LAW SHANE M.LOUTHIAN, CUSTODY Defendant. CERTIFICATE OF ' RVI I, N. Christopher Menges, Esquire, do hereby certify that a true and correct copy of Plaintiffs Brief In Opposition To Defendant's Preliminary Objections, was served upon the below named, by placing same in the United States Mail, first-class postage prepaid thereon, addressed as follows: Dawn S. Sunday, Esquire 39 West Main Street Mechanicsburg, PA 17055 MENGES, GENT & MCLAUGHLfN, LLP Dated:1 G!!P ? A' 01,_ N. tristopher Menges, Esquire/ J Sup. Ct. I.D. No. 23166 145 East Market Street York, PA 17401 (717) 843-8046 Attorneys for Plaintiff OCT 12 1999 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE L. LOUTHIAN, NO: 99-4879 Plaintiff, V. CIVIL ACTION - LAW SHANE M. LOUTHIAN, CUSTODY Defendant. CFUTtFICATF OF SERVICE I, N. Christopher Menges, Esquire, do hereby certify that a true and correct copy of Plaintiffs Brief In Opposition To Defendant's Preliminary Objections, was served upon the below named, by placing same in the United States Mail, first-class postage prepaid thereon, addressed as follows: Dawn S. Sunday, Esquire 39 West Main Slrcet Mechanicsburg, PA 17055 MENGES, GENT & McLAUGHLIN, LLP Dated: N. ristopher Menges, Esquire Sup. Ct. I.D. No. 23166 145 East Market Street York, PA 17401 (717) 843-8046 Attorneys for Plaintiff MICHELLE L. LOUTHIAN, Plaintiff V. SHANE M. LOUTHIAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-4879 CIVIL TERM AMENDED ORDER OF COURT AND NOW, this ,`day of January, 2000, upon consideration of the attached letter from N. Christopher Menges, Esq., attorney for Plaintiff, Michelle L. Louthian, at case No. 99-4879 Civil Term (Cumberland County), the Order of Court entered in this matter on December 1, 1999, is hereby amended to reflect that Plaintiff's action herein is to be made a part of the Court of Common Pleas of York County case known by the caption of Roger D. Johnson and Josephine L. Johnson v. Michelle L. Louthian and Shane Louthian, No. 91-SU-03555-03. BY THE COURT, N. Christopher Menges, Esq 145 East Market Street York, PA 17401 Attorney for Plaintiff Michelle L. Louthian (Cumberland County Case) eeslle?yOle ., JJl. / - -,ray "Qi? c n ?J : -i Clyde W. Vedder, Esq. 32 N. Duke Street P.O. Box 544 York, PA 17405 Attorney for Defendant Shane M. Louthian (Cumberland County Case) Prothonotary of York County :rc MENGES, GENT & MCLAUGHLIN, LLP ATTORNEYS-AT-LAW N. CHRISTOPHER MENGES DOUGLAS H. GENT SHAWN P. MCLAUGHLIN JOSEPH A. KALASNIK January 20, 2000 SENT VIA FACSIMILE # 1-717-240-6462 The Honorable J. Wesley Oler, Jr., Judge The Court of Common Pleas of Cumberland County Cumberland County Court House Carlisle, PA 17013 RE: Michelle Louthian - Shane Louthian - Custody NO: Dear Judge Oler: 4879 CIVIL 1999 SCOTT ALAN MITCHELL In the above referenced matter, Your Honor entered an Order on December 1, 1999 transferring the action to the Court of Common Pleas of York County, a certified copy of which is attached hereto for your easy reference. Upon receiving the file from the Cumberland County Prothonotary, York County Prothonotary indicated that they would not incorporate the documents into the current York County case, which is captioned as Roger D. Johnson and Josephine L. Johnson, Plaintiffs v. Michelle L. Louthian and Shane Louthian, Defendants, Number 91-SU-03555-03. York County Prothonotary has requested that an Amended Order indicating that the Cumberland County case is to be made a part of the Court of Common Pleas of York County case known by the caption of Roger D. Johnson and Josephine L. Johnson, Plaintiffs v. Michelle L. Louthian and Shane Louthian, Defendants, Number 91-SU-03555-03. Accordingly, enclosed herewith please find a proposed Amended Order. I am requesting that Your Honor review same and if same is satisfactory, sign same and have same be made an Order of the Cumberland County Court of Common Pleas, to then be forwarded to York County Court of Common Pleas so that the file can be transferred. (Continued on the next page) ?4* PLEASE REPLY To: 145 EAST MARKET STREET YORK, PA 17401 TELEPHONE (717) 843.8046 FAX (717) 854-4362 ? 1157 EICHELEERGER STREET HANOVER, PA 173 31 TELEPHONE(717) 632-1784 FAX (717) 632.2433 ? 600-J EDEN ROAD, SUITE 4 LANCASTER, PA 17601 TELEPHONE (717) 560.5068 FAX(717)854-4362 Letter to Judge Oler Page -2- Dated January 20, 2000 Please be advised that I have contacted Attorney Clyde W. Vedder, counsel for the Defendant, and he has indicated that he is in agreement with this request. Thank you for your consideration in this matter. Very truly yours, MENGES, GENT & McLAUGHLIN, LLP N. Christopher enges, Esquire NCM/vls Encl: as above mentioned PC: Michelle Louthian Clyde W. Vedder, Esquire PLEASE REPLY To: ? 145 EAST MARKET STREET ? 1157 EICHELBERGER STREET ? 600-J EDEN ROAD, SUITE 4 YoRK,PA 17401 HANOVER, PA 17331 LANCASTER, PA 17601 TELEPHONE(717)843.8046 TELEPHONE (717) 632-1784 TELEPHONE (717) 560-5068 FAX(717)854-4362 FAX(717)632-2433 FAX(717)854-4362 MICHELLE L. LOUPHIAN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 99-4879 Civil Term G 0 SHANE M. LOUPHIAN p n CIVIL ACTION - LAW n m ,"-, o co -<? ''•C• -0 a ? o vCn w COURT OF COMMON PLEAS CA YORK COUNTY Please acknowledge receipt of this case by signing and dating this document. RECORD RECEIVED: Date: ') W )a00 (signature & title) Af ? SEP 1 9 2000 MICHELLE L. LOUTHIAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99-4879 CIVIL TERM CIVIL ACTION - LAW SHANE M. LOUTHIAN, Defendant IN CUSTODY AND NOW, this 11th day of September, 2000, the Conciliator, being advised by counsel for the parties that Defendant's Preliminary objections on the basis of jurisdiction have been granted by the Court, hereby relinquishes jurisdiction in this case. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator ire 'f? !PVl e.. W = LJ CL J VJ .` - U