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HomeMy WebLinkAbout03-3816OCT 19 200, SHIRLEY PETRESKY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW JAMIE K. (DUPERT) DOVE NO. 2003-3816 Defendant IN CUSTODY COURT ORDER AND NOW, this l I k day of October, 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: A hearing is scheduled in Courtroom No. 1 of the Cumberland County Courthouse aat v on the 12 ;ek day of - r at - • m. At this hearing, the Plaintiff, Shirley Petresky, shall 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 the history of custody in this case, the issues currently before the Court, a list of witnesses who will be called to testimony on behalf of each party and a summary of the anticipated testimony of each witness. This Memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, this Court's prior Order of August 18, 2003, shall remain in effect subject to the following: A. It is noted that the child is scheduled for a Christmas musical production on December 20, 21, 22 and 23, 2009. Mother is directed to cooperate with this production and allow the child to participate on those dates and consistent with whatever practices are involved subject to the Maternal Grandmother handling transportation for the minor child. BY THE COURT, cc:: cus A. McKnight, III, Esquire ?? Diane G. Radcliff, Esquire /4 '? 9 tic. r SHIRLEY PETRESKY, Plaintiff VS. JAMIE K. (DUPERT) DOVE Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003-3816 IN CUSTODY Prior Judge: The Honorable J. Wesley Oler, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Gretchen A. Dupert, born April 14, 1999 2. A Conciliation Conference was held on October 16, 2009, with the following individuals in attendance: The maternal grandmother, Shirley Petresky, who appeared with her counsel, Marcus A. McKnight, III, Esquire, and the mother, Jamie K. Dove, with her counsel, Diane G. Radcliff, Esquire. 3. The parties have been working under a Court Order from 2003 which gave the Maternal Grandmother certain periods of temporary custody. The Maternal Grandmother is now seeking primary custody, and the Mother has filed a Cross Petition seeking to modify the existing Custody Order so that Mother would have sole legal custody and limit Grandmother's required involvement with the child. 4. The parties are at odds and a hearing is required. The Conciliator recommends an Order in the form as attached. Date: October , 2009 , Esquire Hubert X. Gil/lator Custody Conic 2099 U-'' f 20 '.- il 'I c': 29 SHIRLEY PETRESKY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW CIVIL TERM JAMIE K. DUPERT, Defendant IN CUSTODY COMPLAINT FOR CUSTODY AND NOW comes the Plaintiff, Shirley Petresky, by her attorneys, Irwin, McKnight and Hughes, and presents the following Complaint for Custody. 1. The Plaintiff, Shirley Petresky, is an adult individual with an address of 2452 Ritner Highway, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant, Jamie K. Dupert, is an adult individual with an address of 270 West Ridge Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Plaintiff is the maternal grandmother of Gretchen Alexis Dupert, born April 14, 1999, age four (4). 4. The Defendant is the natural mother of said minor child. 5. The Plaintiff seeks shared physical custody of the following child: Name Present Address Date of Birth Age Gretchen A. Dupert 270 West Ridge Street April 14, 1999 4 years Carlisle, PA The child is presently in the custody of Jamie K. Dupert, 270 West Ridge Street, Carlisle, Pennsylvania 17013 During the past 4 years, the child has resided with the following persons and at the following addresses: List All Persons List All Addresses Jamie Dupert 6. 270 West Ridge Street Carlisle, PA The father of the child has no relationship with the child and has never seen the child. The relationship of Plaintiff to the child is that of maternal grandmother. The Plaintiff currently resides with the following person(s): Name Peter Petresky Relationship Husband 7. The relationship of Defendant to the child is that of the natural mother. The Defendant currently resides with the following person(s): Name Relationship Colby Dove Boyfriend 8. The Plaintiff desires that the parties have shared legal custody of the minor child, Gretchen Alexis Dupert. 9. The Plaintiff desires shared physical custody of the minor child with periods of joint physical custody to Plaintiff as follows: A. Every Wednesday or Thursday night as the parties agree. B. Every Friday morning through Monday morning until the child begins Kindergarten. C. Every Friday through Sunday evening when the child begins school. D. The parties will share holidays and be permitted to take the child on vacation each year. E. The parties agree to share physical custody of the child equally on a yearly basis. F. Any other times as the parties agree. 10. The Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child and claims to have custody or visitation rights with respect to the child. 11. The best interest and permanent welfare of the child will be served by granting the relief request because: The parties are best able to provide the care and nurture which the child needs for healthy development by having shared physical custody. 12. A Court Order of structured shared custody is desired and in the best interest of the child so that the Plaintiff and the child may plan their schedules accordingly, and so that misunderstandings and unmet expectations regarding shared custody can be avoided, and also so that the child is not used in a manipulative fashion. A Court Order determination of custody is required to avoid continuing conflicts between the parties regarding responsibility for custody. 13. The Plaintiff seeks shared physical custody of the minor child, and does not desire primary physical custody in the future unless the child's health, safety and wellbeing are in jeopardy. WHEREFORE, Plaintiff, Shirley Petresky, respectfully requests that she be awarded shared physical custody and shared legal custody of Gretchen Alexis Dupert, as provided herein, with periods of joint physical custody to Defendant as provided herein. Respectfully submitted, IRWIN, Mc HT & HUGHES By: Marcus . McKnight, III, Esquire Attorney for Plaintiff 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Supreme Court I. D. No. 25476 Date: August 6, 2003 6 VERIFICATION The foregoing Complaint for Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. SHIRLE14ETRESKY a Date: 8 f kl03 1 O V ^^ a ? SHIRLEY PETRESKY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 03-3816 CIVIL ACTION LAW JAMIE K. DUPERT IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, August 11, 2003 upon consideration of the attached Complaint, Hubert X. Gilroy, Esq. , the conciliator, it is hereby directed that parties and their respective counsel appear Tbefore - hursday, September 04, 2003 at 10:30 AM at 4th Floor Cumberland County Courthouse, Carlisle on for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ j1'ubert X C?ilrov Fsa Custody Conciliator The Court of Common Pleas of Cumberland county is required by law to comply with the Amencans with Disabilites Act of 1990. For information about accessible facilities and reasonab our le c comll odatioements available to disabled individuals having business before the court, Please contact off. must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL. HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 G? 44p "?Nbi lll SvPJ?4 , W?? 3C ,?fjtfli ? SHIRLEY PETRESKY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 03-3816 CIVIL TERM JAMIE K. DUPERT, Defendant IN CUSTODY CUSTODY STIPULATION M L_- - AND NOW, this 8 day of ? ? ' J , 2003, the parties, SHIRLEY PETRESKY and JAMIE K. DUPERT hereb ent into the following Custody Stipulation and Agreement regarding the minor child, GRETCHEN ALEXIS DUPERT: 1. The Plaintiff, Shirley Petresky, is an adult individual who resides at 2452 Rimer Highway, Carlisle, Cumberland County, Pennsylvania 17013. She is married to Peter Petresky of the same address. 2. The Defendant, Jamie K. Dupert, is an adult individual who resides at 270 West Ridge Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Plaintiffs are the maternal grandmother and maternal stepgrandfather of the minor child, namely, Gretchen Alexis Dupert, born April 14, 1999, age four (4). 4. The Defendant is the natural mother of the minor child, Gretchen Alexis Dupert. 5. Shirley Petresky, Peter Petresky and Jamie Dupert shall have shared physical custody of said minor child. 6. Shirley Petresky, Peter Petresky and Jamie Dupert shall have shared physical custody of said minor child as follows: A. Every Wednesday or Thursday night as the parties agree. B. Every Friday morning through Monday morning until the child begins Kindergarten. C. Every Friday through Sunday evening when the child begins school. D. The parties shall share holidays and shall be permitted to take said minor child on vacation each year. E. The parties agree to share physical custody of the child equally on a yearly basis. F. Any other times as the parties agree. 7. The Plaintiffs shall share physical custody of the minor child with the Defendant unless the child's health, safety and wellbeing are in jeopardy. 8. The parties shall keep each other advised immediately in the event of serious illness or medical emergency concerning the child, and shall take any necessary steps to ensure that the health and well-being of the child are protected. During such illness or medial emergency, both parties shall have the right to visit the child as often as he or she desires consistent with the proper medical care of the child. 9. The parties shall not do anything that may estrange the child from the other party, or injure the opinion of the child as to the other party, or hamper the free and natural development of the child's love and affection for the other party. 10. The parties may make such alternate arrangements regarding the physical custody of the child so long as they may mutually agree. The parties anticipate regularly varying from the terms of this Stipulation in order to accommodate the schedules of each other and the child. However, if the parties cannot reach a mutual agreement, the terms of this Stipulation and Order shall control. 11. Any modification or waiver of any other provisions of this Agreement shall be effective only if made in writing and only if executed with the same formality as this Stipulation and Agreement. 12. The parties desire that this Stipulation and Agreement be made an Order of the Court of the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor child who has resided in Cumberland County for more than six months and 4 shall retain such jurisdiction should circumstances change and either party desires or requires modification of said Order. 13. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of duress or undue influence. 14. Each party regards the terms of this Agreement as fair and equitable, and each has signed it freely and voluntarily without relying upon any representation other than those expressly set forth herein. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms set forth above, enter their hands and seals the date first set forth above. WITNESSETH: ^ (SEAL) SHIRLEY TRESKY ?j (SEAL) MIE K. DUP T AUG' 1 5 2003 SHIRLEY PETRESICI, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 03-3816 CIVIL TERM JAMIE K. DUPERT, Defendant IN CUSTODY ORDER OF COURT AND NOW, this JS_?Jay of 2003, upon presentation and consideration of the attached Custody Stipulation and Agreement, it is hereby Ordered and Directed that it be entered as an Order of Court. L,/Tamie K. Dupert Z r6 Defendant 7 r] 11-Marcus A. McKnight, III, Esq. R?Q Attorney for Plaintiff , l7 By the Court. ,,,1 c n ??- "-, ui. :?f`III',C .: 7?-, Nolo SEP U 5 2003 SHIRLEY PETRESKY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW JAMIE K.DUPERT, : NO.2003-3816 CIVIL Defendant : IN CUSTODY COURT ORDER AND NOW, this 7/L1 day of September, 2003, the conciliator being advised the parties have reached an agreement, the conciliator relinquishes jurisdiction. BY THE COURT, ozi- 4 "?/ Hubert X. Gilroy Custody Conciliator n C" O C7 P- 7 r fJ7 +? SHIRLEY PETRESKY, Plaintiff V. JAMIE K. (DUPERT) DOVE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003 - 3816 CIVIL TERM IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW comes the Plaintiff, Shirley Petresky, by her attorneys, Irwin & McKnight, P.C., and presents the following Petition for Modification of Custody. 1. The Plaintiff, Shirley Petresky, is an adult individual with an address of 2452 Ritner Highway, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant, Jamie K. (Dupert) Dove, is an adult individual with an address of 270 West Ridge Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Plaintiff is the maternal grandmother of Gretchen Alexis Dupert, born April 14, 1999, age ten (10). 4. The Defendant is the natural mother of said minor child. 5. The Plaintiff seeks primary physical custody of the following child: Name Present Address Date of Birth Age Gretchen A. Dupert 270 West Ridge Street April 14, 1999 10 years Carlisle, PA 6. The child is presently in the shared custody of Jamie K. (Dupert) Dove, 270 West Ridge Street, Carlisle, Pennsylvania 17013 and the shared custody of Shirley Petresky, 2452 Ritner Highway, Carlisle, Pennsylvania 17013. 3 7. The natural father of the child has no relationship with the child and has never seen said minor child. 8. The relationship of Plaintiff to the child is that of maternal grandmother. She currently resides with the following person(s): Name Relationship Peter Petresky Husband 9. The Defendant currently resides with the following person(s): Name Relationship Colby Dove Husband 10. The Plaintiff desires that the parties have shared legal custody of the minor child, Gretchen Alexis Dupert. 11. The Plaintiff desires primary physical custody of the minor child with periods of temporary physical custody to the Defendant as the parties can agree is in the best interest of said minor child. 12. The Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 13. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 14. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child and claims to have custody or visitation rights with respect to the child. 4 15. The best interest and permanent welfare of the child will be served by granting the relief request because: WHEREFORE, Plaintiff, Shirley Petresky, respectfully requests that she be awarded primary physical custody and shared legal custody of Gretchen Alexis Dupert, as provided herein, with periods of temporary physical custody to Defendant as provided herein. Respectfully submitted, IRWIN & M KNIGH , P.C. By: Marc Esquire 60 W st reet Ito T- arlisleia 17013- 2 Supreme ff (717 Court I. D. No. 25476 Date: September 11, 2009 5 VERIFICATION The foregoing Petition for Modification of Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. I have head the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification to authorities. -?IA A A J. 22A V?7 SHIRLE ETRESKY Date: September 11, 2009 6 OF TH" J a%jIAP3 0 S E P 14 Pr 31 : t u e ?1 SHIRLEY PETRESKY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JAMIE K. (DUPERT) DOVE DEFENDANT 2003-3816 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Tuesday, September 29, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, October 16, 2009 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilro Es Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ILA ? ? , OF THE 2009 SEP 29 AN 1 J : ! i ;,- .07 y`?o9 Praecipe to Enter Appearance Prepared By: Diane G. Radcliff, Esquire 3448 Trindle Road, Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 • Fax: 717-975-0697 • Email: dianeradcliff @comcast.net Attorney for Jamie K. Dove IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHIRLEY PETRESKY, Plaintiff • ?/Cc NO. 2003-38t'rCIVIL TERM V. JAMIE K. (DUPERT) DOVE, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRAECIPE TO ENTER APPEARANCE OF LEGAL COUNSEL To the Prothonotary: Please enter the appearance of Diane G. Radcliff, Esquire, Supreme Court ID No. 32112, on behalf of the Defendant, Jamie K. (Dupert) Dove. Papers may be served at the address set forth below: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 LIFF, ESQU Date: October 13, 2009 2009 OCT 15 Ad 8: 20 4; ?s f 4-:1 t k..l ... ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHIRLEY PETRESKY, z Plaintiff NO. 2003-3"4 CIVIL TERM V. CIVIL ACTION - LAW JAMIE K. (DUPERT) DOVE, IN CUSTODY Defendant ANSWER WITH CROSS-PETITION FOR MODIFICATION OF THE AUGUST 18, 2003 CUSTODY ORDER AND NOW, this 16`h day of October, 2009, comes the Defendant, Jamie K. Dove, by her attorney, Diane G. Radcliff, Esquire, and files this Answer with Cross Petition for Modification of the August 18, 2003 Custody Order as follows: ANSWER 1. Admitted. It is admitted that Plaintiff is Shirley Petresky, an adult individual residing at 2452 Ritter Highway, Carlisle, PA 17013. Plaintiff is hereinafter referred to as "Maternal Grandmother" . 2. Admitted. It is admitted that Defendant is Jamie K. Dove, an adult individual residing at 270 West Ridge Street, Carlisle, PA 17013. Defendant is hereinafter referred to as "Mother". 3. Admitted. It is admitted that Maternal Grandmother is the maternal grandmother of Gretchen Alexis Dupert, born April 14, 1999 (Age 10). Gretchen Alexis Dupert is hereinafter referred to as the "Child". 4. Admitted. It is admitted that Mother is the natural mother of the Child. 5. Admitted. It is admitted that Maternal Grandmother is seeking primary physical custody of the Child who resides at 270 West Ridge Street, Carlisle, PA 17013 6. Admitted. It is admitted that the Child is in the shared custody of Mother and Maternal Grandmother. By way of clarification it is averred that in the shared arrangement, Mother is the primary custodian of the Child and Maternal Grandmother has partial - 1 - custody of the Child every weekend from Friday after school until Sunday at approximately 3:00 p.m. and every Wednesday from after school until approximately 7:00 p.m., which arrangements were made pursuant to the Order of Court dated August 13, 2003, (the "8/13/03 Order"), a true and correct copy of which is attached hereto, marked Exhibit "A" and made a part hereof. 7. Admitted. It is admitted that the father of the Child has no relationship with the Child and has not seen the Child. 8. Admitted. It is admitted that Maternal Grandmother is the maternal grandmother of the Child and resides with her husband, Peter Petresky. 9. Admitted. It is admitted that Mother is the mother of the Child and currently resides with her husband, Colby Dove. 10. Denied - Claim for Relief. This is a claim for relief for which no response is required. By way of further answer Mother avers that: a. Mother should have sole legal custody of the Child; b. Maternal Grandmother has no legal right to shared legal custody of the Child. 11. Denied - Claim for Relief. This is a claim for relief for which no response is required. By way of further answer Mother avers that: a. It is in the Child's best interest that Mother should have sole physical custody of the Child; b. Paternal Grandmother has no legal right to primary physical custody of the Child C. It is not in the Child's best interest to grant Maternal Grandmother primary or partial physical custody of the Child. 12. Admitted. It is admitted that Maternal Grandmother has not participated as a party or a witness in any other custody litigation involving the Child. By way of further answer, is it averred that Mother has not participated as a party or a witness in any other custody litigation involving the Child. 13. Admitted. It is admitted that Maternal Grandmother has no information of a custody proceeding concerning the Child pending in a court in this Commonwealth. By way of further answer, is it averred that Mother has no information of a custody proceeding - 2 - concerning the Child pending in a court in this Commonwealth. 14. Admitted. It is admitted that Maternal Grandmother does not know of a person not a party to these proceedings who has physical custody of the Child and claims to have custody or visitation rights with respect to the Child. By way of further answer, is it averred that Mother does not know of a person not a party to these proceedings who has physical custody of the Child and claims to have custody or visitation rights with respect to the Child. 15. Denied - Claim for Relief. This is a claim for relief for which no response is required. By way of further answer, Mother avers that: a. It is in the Child's best interest that Mother should have sole legal custody of the Child. b. It is in the Child's best interest that Mother should have sole physical custody of the Child; C. It is not in the Child's best interest to grant Maternal Grandmother primary or partial physical custody of the Child. d. Paternal Grandmother has no legal right to shared or primary legal of the Child. e. Paternal Grandmother has no legal right to primary physical custody of the Child. WHEREFORE, Mother requests this Honorable Court to enter an order denying Maternal Grandmother's request for legal and physical custody of the Child. CROSS-PETITION FOR MODIFICATION OF THE AUGUST 18. 2003 CUSTODY ORDER 16. Mother incorporates by reference the answers and averments set forth in paragraphs 1 through 15 inclusive herein the same as if fully set forth at length. 17. Mother believes the 8/18/03 Order should be modified to grant her sole legal and physical custody of the Child because: a. Maternal Grandmother has interfered with and will continue to interfere with the Parent-Child relationship between Mother and the Child to the detriment of the Child; - 3 - b. Mother has another child, Tristen Shannon, age 8, who lives primarily with his father and who is in Mother's custody every weekend. It is in the best interest of both children that they be permitted to be together on weekends and holidays. C. The Child suffers from ADHD and needs a single home base and a single parental figure making decisions for her. d. Mother and Maternal Grandmother do not get along and the strain in their relationship is detrimental to the Child, which is exacerbated by Maternal Grandmotehr having partial custody and shared legal custody of the Child. e. Maternal Grandmother has attempted to thwart Mother's rights to legal custody of the Child, by making decisions for the Child without Mother's consent. f. Maternal Grandmother improperly discusses adult and custody issues with the Child. g. Maternal Grandmother has no legal right to shared legal or primary physical custody of the Child under the requirements of 23 PA.C.S.A. 5313. WHEREFORE the Defendant /Mother requests this Honorable Court to grant her sole legal and physical custody of the Child. Respectfully submitted, CA I DANE G. RA I-I f , SQUIRE 3 48 Trindle Road Camp Hill, PA 17011 Phone: (717) 737-0100 Supreme Court ID # 32112 Attorney for Defendant -4- VERIFICATION 1, Jamie K. Dove, verify that the statements made in this Answer with Cross Petition for Modification are true and correct. I understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. JAMIE K. DOVE - 5 - CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Service by Personal Deliver by Handing a Copy to the Person at the Address as Follows: Marcus A. McKnight, III, Esquire Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 (Counsel for Plaintiff ) DI RA LIFF, ESQUIRE ( istration No 32112) 3448 Trindle Road Camp Hill, PA 17011 Email: dianeradctiff Ccomcast. net Phone: (717) 737-0100 Fax: (717) 975-0697 Counsel for Defendant, Jamie K. Dove Dated: U > ?% DEFENDANT'S EXHIBIT "A" 8/19/03 Court Order and Stipulation AUG' 1 5 2003 SHIRLEY PETRESKY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 03-3816 CIVIL TERM JAMIE K. DUPERT, Defendant IN CUSTODY ORDER OF COURT AND NOW, this ay of 2003, upon presentation and consideration of the attached Custody Stipulation and Agreement, it is hereby Ordered and Directed that it be entered as an Order of Court. C,,,Tamie K. Dupert Defendant 7 Marcus A. McKnight, III, Esq. Attorney for Plaintiff I? TI , By the Court. i-r?;. '?"' ??+? p I I- ? ,_? r'ci vV?'''? + ?. J t ?v,v?L'? SHIRLEY PETRESKY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 03-3816 CIVIL TERM JAMIE K. DUPERT, Defendant IN CUSTODY CUSTODY STIPULATION ir- AND NOW, this $ day of 14U k,, ?- , 2003, the parties, SHIRLEY PETRESKY and JAMIE K. DUPERT hereb ent into the following Custody Stipulation and Agreement regarding the minor child, GRETCHEN ALEXIS DUPERT: 1. The Plaintiff, Shirley Petresky, is an adult individual who resides at 2452 Ritner Highway, Carlisle, Cumberland County, Pennsylvania 17013. She is married to Peter Petresky of the same address. 2. The Defendant, Jamie K. Dupert, is an adult individual who resides at 270 West Ridge Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Plaintiffs are the maternal grandmother and maternal stepgrandfather of the minor child, namely, Gretchen Alexis Dupert, born April 14, 1999, age four (4). 2 4. The Defendant is the natural mother of the minor child, Gretchen Alexis Dupert. 5. Shirley Petresky, Peter Petresky and Jamie Dupert shall have shared physical custody of said minor child. 6. Shirley Petresky, Peter Petresky and Jamie Dupert shall have shared physical custody of said minor child as follows: A. Every Wednesday or Thursday night as the parties agree. B. Every Friday morning through Monday morning until the child begins Kindergarten. C. Every Friday through Sunday evening when the child begins school. D. The parties shall share holidays and shall be permitted to take said minor child on vacation each year. E. The parties agree to share physical custody of the child equally on a yearly basis. F. Any other times as the parties agree. 7. The Plaintiffs shall share physical custody of the minor child with the Defendant unless the child's health, safety and wellbeing are in jeopardy. 8. The parties shall keep each other advised immediately in the event of serious illness or medical emergency concerning the child, and shall take any necessary steps to ensure that the health and well-being of the child are protected. During such illness or medial emergency, both parties shall have the right to visit the child as often as he or she desires consistent with the proper medical care of the child. 9. The parties shall not do anything that may estrange the child from the other party, or injure the opinion of the child as to the other party, or hamper the free and natural development of the child's love and affection for the other party. 10. The parties may make such alternate arrangements regarding the physical custody of the child so long as they may mutually agree. The parties anticipate regularly varying from the terms of this Stipulation in order to accommodate the schedules of each other and the child. However, if the parties cannot reach a mutual agreement, the terms of this Stipulation and Order shall control. 11. Any modification or waiver of any other provisions of this Agreement shall be effective only if made in writing and only if executed with the same formality as this Stipulation and Agreement. 12. The parties desire that this Stipulation and Agreement be made an Order of the Court of the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor child who has resided in Cumberland County for more than six months and 4 shall retain such jurisdiction should circumstances change and either party desires or requires modification of said Order. 13. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of duress or undue influence. 14. Each party regards the terms of this Agreement as fair and equitable, and each has signed it freely and voluntarily without relying upon any representation other than those expressly set forth herein. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms set forth above, enter their hands and seals the date first set forth above. WITNESSE SHIRLEY TRESKY ' MIE K. DUP T (SEAL) (SEAL) 5 T.. - ? r: ? R iii, ire ? ._.-.t t.. SHIRLEY PETRESKY, Plaintiff v. JAMIE K. (DUPERY) DOVE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.2003-3816 CIVIL TERM ~ _? 0 • --,~~; ~ IN CUSTODY ~`' ` -` _;-- r ', _.._ G7 vIENT REGARDING SUPPORT AND INCOME TAX EXEM~~ION =7 OF THE MINOR CHILD, GRETCHEN ALEXIS DUPERY ~ - ;-- ~_ ~ -. ~ n ,~Y- -' ivy - 1 - ('} ,:. T, .i -1 7 ~, `~ en s- i+ AND NOW, this ~ day of January, 2010, this Agreement is made by the parties, the Plaintiff, SHIRLEY PETRESKY, and the Defendant, JAMIE K. (DUPERY) DOVE, as follows: 1. Custody: The parties have agreed to resolve the custody litigation at 2003-3816 Civil by permitting the Plaintiff to exercise sole legal custody and sole physical custody of the minor child, Gretchen Alexis Dupert. 2. Support: In consideration of the custody settlement, the Plaintiff, Shirley Petresky, agrees to not seek child support or financial contribution for Gretchen Alexis Dupert from the Defendant, Jamie K. (Dupert) Dove for any reason or circumstance. 3. Federal Income Tax Exemption: The parties agree that the Defendant, Jamie K. (Dupert) Dove may use the minor child, Gretchen Alexis Dupert, as a Federal income tax exemption for the 2009 tax year ending on December 31, 2009. Thereafter, the parties agree that beginning the tax year 2010 the Plaintiff, Shirley Petresky, will be entitled to use the minor child, Gretchen Alexis Dupert, as a Federal income tax exemption as long as she maintains primary physical custody of the minor child, Gretchen Alexis Dupert. 4. Medical Insurance: The Plaintiff, Shirley Petresky, will be solely responsible for providing medical insurance for the minor child, Gretchen Alexis Dupert, and she will not seek contribution from the Defendant, Jamie K. (Dupert) Dove, for said costs. 5. Personal Belon~in~s: The parties agree that the minor child, Gretchen Alexis Dupert, may take possession of her personal belongings she currently has at the residence of the Defendant, Jamie K. (Dupert) Dove, in order to remove them to the residence of the Plaintiff, Shirley Petresky. 6. Binding Agreement: This Agreement will be binding upon the parties to the Office of Domestic Relations and may be used to provide proof to the Office of Domestic Relations of Cumberland County if a complaint is filed with that office. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms set forth above, enter their hands and seals the date first set forth above. WITNESSETH: (SEAL) M CU A. McKNI T, III, ESQ. SHIRLE ETRESKY (SEAL) D E DCLIFF, ESQ. JA IE K. (DUPERY) DOVE 2 . S SHIRLEY PETRESKY, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW N0.2003-3816 CIVIL TERM JAMIE K. (DUPERY) DOVE, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 13th day of January, 2010, upon presentation and consideration of the attached Custody Stipulation and Agreement, it is hereby Ordered and Directed as follows: 1. The Plaintiff, Shirley Petresky, shall have sole legal custody and sole physical custody of her granddaughter, Gretchen Alexis Dupert, born April 14, 1999, age ten. 2. The Defendant, Jamie K. (Dupert) Dove, shall enjoy periods of temporary physical custody of the minor child, Gretchen Alexis Dupert, at times the parties agree are in her best interest. 3. The Orders of Court in the case dated August 8, 2003, and October 19, 2009, are hereby vacated. Marcus A. McKnight, III, Esq. Attorney for Plaintiff ~/ Diane G. Radcliff, Esq. Attorney for Defendant / ~~lC~ `-~ r_- ~, -_ . ~__:, ~'C, --G~ N c„7 ~rr O ~v ;: ,-~ _~ ;,~ -~: ~; ~_~ ~r~ `' c J, - - -~, ~~_'c U m r By the Court, SHIRLEY PETRESKY, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW N0.2003-3816 CIVIL TERM JAMIE K. (DUPERY) DOVE, Defendant IN CUSTODY CUSTODY STIPULATION AND NOW, this day of ~4rrvrut 2010, the parties, SHIRLEY PETRESKY and JAMIE K. (DUPERY) DOVE hereby enter into the following Custody Stipulation and Agreement regarding the minor child, GRETCHEN ALEXIS DUPERY: 1. The Plaintiff, Shirley Petresky, is an adult individual who resides at 2452 Ritner Highway, Carlisle, Cumberland County, Pennsylvania 17013. She is married to Peter Petresky of the same address. 2, The Defendant, Jamie K. (Dupert) Dove, is an adult individual who resides at 270 West Ridge Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Plaintiff is the maternal grandmother of the minor child, namely, Gretchen Alexis Dupert, born April 14, 1999, age ten (10). 4. The Defendant, Jamie K. (Dupert) Dove is the natural mother of the minor child, Gretchen Alexis Dupert. 2 5. The Plaintiff, Shirley Petresky, shall have sole legal and sole physical custody of said minor child. 6. The Defendant, Jamie K. (Dupert) Dove shall have temporary physical custody of said minor child as the parties agree is in the best interest of said minor child. 7. The parties shall keep each other advised immediately in the event of serious illness or medical emergency concerning the child, and shall take any necessary steps to ensure that the health and well-being of the child are protected. During such illness or medial emergency, both parties shall have the right to visit the child as often as he or she desires consistent with the proper medical care of the child. 8. The parties shall not do anything that may estrange the child from the other party, or injure the opinion of the child as to the other party, or hamper the free and natural development of the child's love and affection for the other party. 9. Any modification or waiver of any other provisions of this Agreement shall be effective only if made in writing and only if executed with the same formality as this Stipulation and Agreement. 10. The parties desire that this Stipulation and Agreement be made an Order of the Court of the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor child who has resided in Cumberland County for more than six months and shall retain such jurisdiction should circumstances change and either party desires or requires modification of said Order. The parties further acknowledge that the Plaintiff has standing to seek the legal and physical custody of the minor child, Gretchen Alexis Dupert. 11. The parties acknowledge that they have read and understand the provisions of this Agreement. 12. Each party has reviewed the terms of this Agreement and each has signed it freely and voluntarily without relying upon any representation other than those expressly set forth herein. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms set forth above, enter their hands and seals the date first set forth above. (SEAL) SHIRLE ETRESKY (SEAL) J MIE K. (DUPERY) DOVE 4 WITNESSETH: