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HomeMy WebLinkAbout07-55850?- 5585 Civi I Term C 1 lSiodtj O-DrOLp la!Ai- Ah/strom Law Offices IN THE DISTRICT COURT FOR THE FIRST JUDICIAL DISTRICT STATE OF WYOMING, COUNTY OF LARAMIE DOC. NO. 148-177 MICHAEL JAMES JONES, ? ) Plaintiff, ) VS. ) 1 MARLENE KAY JONES, ) Defendant. 1 F I L E D FEB 21 2om CLERK OF GERRIE.E. BISHOP COURT ORDER GRANTING DEFENDANT'S MOTION FOR CHANGE OF CUSTODY, IN PART THE ABOVE-ENTITLED MATTER, having come on for hearing before the Court on the 17th day of October, 2005 upon the Defendant's "Petition To Modify Decree Regarding Custody" filed March 18, 2005; the Plaintiff appearing via telephone and by his Attorney, Bert T. Ahistrom, Jr.; and the Defendant appearing personally and Pro Se; and the parties having announced a stipulated settlement of the primary issues of custody and future child support, and having advised that they would like the Court to determine the remaining issues of visitation and child support arrears owed by Defendant to Plaintiff; and the Court having heard and considered the arguments of the parties in that regard, and having reviewed the file herein, and being otherwise advised in the premises; FINDS: 1. The Court has jurisdiction of the parties and of the subject matter hereof. 2. The stipulation of the parties as to child custody appears to be in the best interests of the minor children of the parties, and should be adopted by the Court. 3. The stipulation of the parties as to non-payment of future child ?,es ? ?hls?,-v,? 000341) ,??V support appears to be well-founded in light of the distance involved between the homes of the parties, travel considerations, and the split custody arrangement, and should be adopted by the Court. 4. Future visitation should be as mutually agreed, but with the guidance of the Standard Visitation order as a fall-back position if the parties cannot so agree, and with minor modifications as hereinafter set forth. 5. Child support arrears owed by Defendant to Plaintiff shall be determined as of January 1, 2005, the date the parties each took over the care, custody and control of the child presently with him or her; and paid out as hereinafter set forth. IT IS; THEREFORE, ORDERED, ADJUDGED AND DECREED, that: 1. The Plaintiff shall continue to have the primary, residential and legal care, custody and control of the minor child, Ambrosia Lynn Jones, born November 27, 1994, subject to the Defendant's secondary parenting and visitation rights with said child. 2. The Defendant shall now have the primary, residential and legal care, custody and control of the minor child, Toby Dean Jones, born December 8, 1989, subject to the Plaintiff's secondary parenting and visitation rights with said child. 3. The split child support guidelines call for the Plaintiff to pay to the Defendant the sum of $135.06 per month; however, the parties have agreed to deviate to zero ($00.00) child support for the reason that each will be fully supporting one child, and further based upon the cost of extensive travel for visitation purposes, and other expenses each is providing to the child in his or her primary custody. There are no means-tested sources of income to the parties or the children; there is no need for a withholding order or security, as no support is paid; and there shall be no abatement of child support during extended visitation periods, for the same reason. 000350 4. Visitation between the parties and the children shall be as mutually agreed by the parties, but in the event of disagreement, the Standard Visitation Order of this jurisdiction shall pertain and control; provided, however, the Court fully encourages the following condition, to wit: the children shall be kept together during the entire Thanksgiving and Christmas vacation periods, with the Plaintiff having the children for Christmas 2005 and every odd year thereafter, and Thanksgiving 2006 and every even year thereafter; and with the Defendant having the children for Thanksgiving, 2005 and every odd year thereafter, and Christmas 2006 and every even year thereafter. The parties shall each be responsible for one-half (Y2) of all trans- portation costs associated with visitation during Thanksgivings, Christmases, and Summer; and One Hundred Percent (100%) of any such costs incurred during other visitation exercised by each; all as per the Standard Visitation Order. In this regard, if the Defendant does not personally provide the transportation for the child or children by driving him, her or them, she shall be responsible for the first leg of the trip at all times by obtaining one-way, non-stop, non-refundable airline ticketing from Denver, Colorado to Baltimore, Maryland, or vice versa, and provide the same to Plaintiff, well in advance, if the trip is to be from Baltimore to Denver. The Plaintiff shall be responsible for the second leg of the trip at all times by providing all costs of returning the child or children to Baltimore or Denver, whichever the case may be. The parties shall each also pay the "babysitting fee" applicable to his or her leg of the trip for flying the youngest child, as required by the airline in question. 5. The child support arrears due and owing by Defendant to Plaintiff from the date of the last Order entered herein through December 31, 2004, the retroactivity date, is the sum of Nine Hundred Sixty Dollars and Sixteen Cents ($960.16), and shall be due and payable at no less than the sum of Fifty Dollars ($50.00) per month until paid in full. 000351 6. The parties shall be bound by the terms and conditions of that Supplemental Order annexed hereto, and incorporated herein by this reference. IT IS FURTHER ORDERED, ADJUDGED AND DECREED, that all other terms and conditions of the previous.Orders and Decrees entered herein shall be and remain in full force and effect, unless specifically modified by this document. DATED this J day cto er, 20 A f THOMAS. CAMP ELL, JUDGE' APPROVED AS TO FORM AND SUBSTANCE: Plaintiff: .Micha Ja es By: B Ahlstrom, Jr., Attorney for Plaintiff Defendant: Marlene Kay Parker, f/k/a Jones Defendant, Pro Se SPATE OF WVOUM COMM OF t ARAW- U Cgqm - d!".r . .* qb* a to Dilriat Court in W4 • Ua vftm 0 rd w 000.3-52 STANDARD VISITATION. ORDER GENERAL CONDITIONS: It is the intention to provide frequent, liberal and recurring visitation to the non-custodial parent as the child(ren) need regular contact with both parents and such visitation is in their best interest. When there is a conflict between different classifications of visitations, the following priority system will control: A. When a child's birthday and any other visitation conflict, the birthday shall have precedence. B. When a specific holiday and an alternate weekend conflict, the holiday visitation will have precedence over the weekend, but will not otherwise modify the visitation schedule. (For example, if the holiday granted in any particular year to a non-custodial parent falls between the regular weekend visitation, the non- custodial parent will have visitation for three (3) weekends in a row..) C. Holiday visitation (for either parent) will take precedence over summer visitation periods, but will not otherwise modify the visitation schedule. D. When the parents can agree upon alternate visitation to that set forth in the scheduled visitation, such alternate visitation will take precedence only for so long as the parents continue to agree upon the alternate visitation. E. Whenever a school holiday period is referred to herein, it means the child's actual holiday or vacation period if the child is in school. If the child is not in school, the period will be the school vacation or holiday period as used by the elementary schools in the school system where the child resides with the custodial parent. Whenever possible the vacation period shall begin on Friday if the period is consecutive. ALTERNATE HOLIDAYS: The non-custodial parent shall have the following holidays: EVEN YEARS: 1. The first half of the Christmas Vacation beginning at 7 A.M. on the first day after the school vacation begins (or would begin if the child is not in school) through 8 A.M. Christmas Day. 2. Easter/Spring Break (to coincide with the longer of the vacation periods if there are two separate vacation periods) school vacation period from 7 A.M. on the first full day of the vacation until 6 P.M. on the last day of the vacation period. 3. Labor Day (same as Vh of July with appropriate date changes). 4. Child's birthday from 7:00 A.M. to 7:00 P.M. ODD YEARS: 1 Second half of the Christmas vacation beginning at 8:00 a.m. on Christmas Day until 6:00 p.m. the last day of the school vacation. 00kj JS3 + . 2. New Years Day 3. 411 of July (beginning 6:00 P.M. on July 3 through 7:00 A.M. on July 5, except when the 4t1 falls on a Friday, Saturday, or Sunday, in which case the visitation will begin at 6:00 P.M. on Friday and continue to the end of the weekend at 6:00 P.M. or the end of the holiday (when the 4t'' is on a Monday) at 6:00 P.M.) 4. Thanksgiving (school holiday) from 6 P.M. the day school ends 6:00 P.M. the Sunday after the holiday. 5. Memorial Day (same as 41'' of July with appropriate date changes). The mother shall always have Mother's Day and the father shall have Father's Day from 7:00 A.M. until 6:00 P.M. Each parent shall have the same hours on their respective birthdays. The custodial parent shall have the same holiday schedule as set forth above with the odd and even years reversed. ALTERNATE WEEKENDS: The non-custodial parent shall have visitation on those weekends in which Friday is an even-numbered date, beginning at 6:00 P.M. on Friday and ending at 6:00 P.M. on Sunday, unless the following Monday is a holiday (not set forth in the preceding section) in which case visitation shall not end until 6:00 P.M. on Monday. The custodial parent shall have visitation on those weekends in which Friday is an odd-numbered date, beginning and ending at the same times as set forth for the non-custodial parent's weekend visitation. Costs of weekend visitation shall be at the expense of the visiting parent. SUMMER VISITATION: The non-custodial parent shall have a minimum of two months visitation during the summer vacation period, beginning on the first Saturday after the school vacation begins (or would begin if the child is not in school) at 7:00 A.M. and continuing for a 60 day period, ending at 7:00 P.M. on the 60" day. The custodial parent shall have visitation according to the alternate holiday and weekend schedule set forth above only if there are no transportation costs incurred by the non-custodial parent during the custodial parent's exercise.of visitation rights. SUMMER AND HOLIDAY TRANSPORTATION COSTS: All costs of visitation will be borne equally by the parents, the non-custodial parent paying for the cost of bringing the child to the non-custodial parent's residence and the custodial parent paying.for the cost of returning the child to the custodial parent's residence. /s/JUDGES OF THE FIRST JUDICIAL DISTRICT SUPPLEMENTAL ORDER DOC. NO. 148-177 MICHAEL JAMES JONES, ) Plaintiff, ) VS. ) MARLENE KAY JONES, ) Defendant. ) FILED FEB 21 2006 GERRIE E. BISHOP. CLERK OF THE DISTRICT COURT The provisions relating to custody, alimony, support, visitation and conduct of the parties, are subject to the following terms and conditions: 1. Care and Supervision A. Phvsical Needs of the Children - The party who has custody of the children or the party who is exercising visitation with the children will provide the children: a. with regular nutritious food, b. with clean and appropriate clothing, c. with sanitary and reasonably private living and sleeping quarters, d. with appropriate medical examinations and treatments. B. Training and Education - Both Parents: a. will train the children to obey and respect their teachers and the law, b. will require the children to attend all regular sessions of the school until graduation unless excused absence, c. will personally supervise the control and conduct and activities of the children except when they are at school, or in known and usual recreational activities, or in the immediate care of another competent person, d. will provide guidance and counsel in worldly and spiritual matters. II. Control of Visitation - Unless otherwise provided: a. the person having visitation may take the children to such reasonable places,for such reasonable activities as such person may determine. b. the children shall be ready and available promptly for all visits, c. the children will have clean and appropriate clothing for visitation, d. in the event a child is invited or desires to participate in other activities which may interfere with a visit, a parent will not encourage, permit or consent thereto without previous approval of the person whose visitation will be interfered with, and will not deprecate the denial of such approval, e. the person entitled to visitation may correspond with the children and the other parent shall not censor such correspondence, f. the person entitled to visitation may telephone each child for a time not to exceed 15 minutes between 7:00 PM and 9:30 PM on Wednesdays and Sundays and at such other times as the parties may agree and the other parent shall not participate in such calls, g. visitation may not be reduced or denied because support is not paid. Ill. Interference - Neither parent will intrude upon the privacy of the other; 'nor falsely make or imply mean or nasty or derogatory or deprecatory statements about .the other to anyone; nor prevent or restrict or in any way interfere with the other's rights granted by this Order. IV. Injunction - The Plaintiff and Defendant and their agents and servants are and each is, enjoined and restrained from doing, or attempting to do, or threatening to do, any act of injuring, maltreating, vilifying or molesting the other party, or any of the children. V. Child Support 000355 s A. In Decrees or Orders containing provisions for the payment of support of children, all such payments shall be delivered on or before the date ordered by means of cash, certified check,. postal money order or.government allotment check, payable to the Clerk of the District Court at the following address: Clerk of District Court 3rd Floor County Courthouse Bldg- P.O. Box 787 309 W. 20'h St., Room 3100 Cheyenne WY 82003-0787 Cheyenne, WY 82001 THE PARTY FILING THIS SUPPLEMENT ORDER SHALL COMPLETE ALL THE INFORMATION BELOW. CHILD SUPPORT: Amount Ordered $ None ($00.00 per month Date(s) Due Not Applicable Abate during visitation and upon filing of affidavit: Not Applicable. Mother's name: Marlene Kay Parker (formerly Jones) Address: 305 Little Valley Tr. Cheyenne, WY 82007 Employer: Lowes Distribution 2723 Christensen Rd. Chevenne, WY 82007 Place/Date of Birth: Torrington WY• 06-27-73 Father's name: Michael James Jones Address: 46 North Old Stonehouse Rd., Carlisle, PA 17013 Employer: JLG Industries 7301 Parkway Dr., Shippensburg, PA 17013 Place/Date of Birth: Salina, KS; 01-10-61 Child's name: Tobie D. Jones Ambrosia L. Jones Address: Same as Mother, above Same as Father, above Place/Date of Birth: Cheyenne, WY; 12-08-89 Cheyenne, WY; 11-27-94 Medical insurance is Plaintiff, Per Original Decree provided by: Insurance company: Pending thru Employment (recently employed) Uninsured amount to be paid by: Split equally B. IT IS" FURTHER ORDERED that the withholding of income shall commence as provided below: (NOT APPLICABLE AT THIS TIME - NO SUPPORT BEING PAID) IF NOT DESIGNATED, INCOME WITHHOLDING SHALL BE EFFECTIVE IMMEDIATELY. 1. Effective upon entry of this Decree or Order; or 2 . Effective upon the filing and service of a voluntary application by Obligor; or 3. Effective upon the filing of a notice of delinquency and subsequent order of this Court, pursuant to the provisions of W.S. Sec. 20-6-201, eq,seq. C. IT IS FURTHER ORDERED that both Parents shall file in writing with the Clerk of this Court, any new address within 15 days after any change of address, and shall file in writing with the Clerk of this Court, the name and address of his or her employer within 15 days after any change of employment. VI Enforcement - A party moving for enforcement referred to in paragraph VII must be prepared to produce admissible evidence in support of the motion., A frivolous motion will result in appropriate censure or sanctions. Either party hereto, and/or the Department of Family Services, has the right to petition to enforce the Orders of this Court pursuant to W.S. 20-2-201 through 204, 20-2-310, & 20-2-311(d). VII Contempt - Wilful violation of any of the terms of this order may be punished as contempt of court. A party may compel another's compliance with an order or decree by motion to the court, under oath, for an order to show cause whys sanctions should not be imposed. Such sanctions may result in a jail term. Failure to allow visitation as ordered may be considered contempt and could also constitute a change of circumstances warranting change of custody. This Supplemental Order for custody, etc., is incorporated into and de part of 01at Decree or Order to which it is attached and is enforceable to the`same extent and in the sar7manner acid Decree or Order. DA MM OF tttrttrrxr cortr of LIUMIC u CMEYEUIMe a 1 I OrrM E. am". cb* of in Dww CNA In od for to MM d uv fft, do hm" W* th ft wM n ttd p W? tp k?tN? ttnr of tta 04M "Md U UMIs1 ii 21CMtd9;IN JUD E, FIRST J ICIAL DIST 00035 Ahistrom Lew Offices IN THE DISTRICT COURT FOR THE FIRST JUDICIAL DISTRICT STATE OF WYOMING, COUNTY OF LARAMIE DOC. NO. 148-177 MICHAEL JAMES JONES, ) Plaintiff, ) y T ) j? E ? VS. ) 'FEB 2 1 MARLENE KAY JONES, ) GERRIE E BISHOP CLERK OF THE DISTRICT COURT Defendant. ) ORDER GRANTING DEFENDANT'S MOTION FOR CHANGE OF CUSTODY IN PART THE ABOVE-ENTITLED MATTER, having come on for hearing before the Court on the 17th day of October, 2005 upon the Defendant's "Petition To Modify Decree Regarding Custody" filed March 18, 2005; the Plaintiff appearing via telephone and by his Attorney, Bert T. Ahistrom, Jr.; and the Defendant appearing personally and Pro Se; and the. parties having announced a stipulated settlement of the primary issues of custody and future child support, and having advised that they would like the Court to determine the remaining issues of visitation and child support arrears owed by Defendant to Plaintiff; and the Court having heard and considered the arguments of the parties in that regard, and having reviewed the file herein, and being otherwise advised in the premises; FINDS: hereof. 1. The Court has jurisdiction of the parties and of the subject matter 2. The stipulation of the parties as to child custody appears to be in the best interests of the minor children of the parties, and should be adopted by the Court. 3 ?CS ` ?qhls4r,7 The stipulation of the parties as to non-payment of future child 000349 L support appears to be well-founded in light of the distance involved between the homes of the parties, travel considerations, and the split custody arrangement, and should be adopted by the Court. 4. Future visitation should be as mutually agreed, but with the guidance of the Standard Visitation Order as a fall-back position if the parties cannot so agree, and with minor modifications as hereinafter set forth. 5. Child support arrears owed by Defendant to Plaintiff shall be determined as of January 1, 2005, the date the parties each took over the care, custody and control of the child presently with him or her; and paid out as hereinafter set forth. IT IS; THEREFORE, ORDERED, ADJUDGED AND DECREED, that: 1. The Plaintiff shall continue to have the primary, residential and legal care, custody and control of the minor child, Ambrosia. Lynn Jones, born November 27, 1994, subject to the Defendant's secondary parenting and visitation rights with said child. 2. The Defendant shall now have the primary, residential and legal care, custody and control of the minor child, Toby Dean Jones, born December 8, 1.989, subject to the Plaintiff's secondary parenting and visitation rights with said child. 3. The split child support guidelines call for the Plaintiff to pay to the Defendant the sum of $135.0.6 per month; however, the parties have agreed to deviate to zero ($00.00) child support for the reason that each will be fully supporting one child, and further based upon the cost of extensive travel for visitation purposes, and other expenses each is providing to the child in his or her primary custody. There are no means-tested sources of income to the parties or the children; there is no need for a withholding order or security, as no support is paid; and there shall be no abatement of child support during extended visitation periods, for the same reason. 0003,50 4. Visitation between the parties and the children shall be as mutually agreed by the parties, but in the event of, disagreement, the 'Standard Visitation Order of this jurisdiction shall pertain and control; provided, however, the Court fully encourages the following condition, to wit: the children shall be kept together during the entire Thanksgiving and Christmas vacation periods, with the Plaintiff having the children for Christmas 2005 and every odd year thereafter, and Thanksgiving 2006 and every even year thereafter; and with the Defendant having the children for Thanksgiving, 2005 and every odd year thereafter, and Christmas 2006 and every even year thereafter. The parties shall each be responsible for one-half (%) of all trans- portation costs associated with visitation during Thanksgivings, Christmases, and Summer; and One Hundred Percent (100%) of any such costs incurred during other visitation exercised by each; all as per the Standard Visitation Order. In this regard, if the Defendant does not personally provide the transportation for the child or children by driving him, her or them, she shall be responsible for the first leg of the trip.at all times by obtaining one-way, non-stop, non-refundable airline ticketing from Denver, Colorado to Baltimore, Maryland, or vice versa, and provide the same to Plaintiff, well in advance, if the trip is to be from Baltimore to Denver.. The Plaintiff shall be responsible for the second leg of the trip at all times by providing all costs of'returning the child or children to Baltimore or Denver, whichever the case may be. The parties shall each also pay the "babysitting fee" applicable to his or her leg of the trip for flying the youngest child, as required by the airline-in question. 5. The child support arrears due and owing by Defendant to Plaintiff from the date of the last Order entered herein through December 31, 2004, the retroactivity date, is the sum of Nine Hundred Sixty Dollars and Sixteen Cents ($960.16), and shall be due and payable at no less than the sum of Fifty Dollars ($50.00) per month until paid in full. 000351 6. The parties shall be bound by the terms and conditions of that Supplemental Order annexed hereto, and incorporated herein by this reference. IT IS FURTHER ORDERED, ADJUDGED AND DECREED, that all other terms and conditions of the previous Orders and Decrees entered herein shall be and remain in full force and effect, unless specifically modified by this document. DATED this day cto er, 20 /6/ THOMAS . . C. APPROVED AS TO FORM AND SUBSTANCE: Plaintiff: Micha Ja es By: B Ahlstrom, r., Attorney for Plaintiff JUDGE' Defendant: Marlene ay Parker, f/k/a Jones Defendant, Pro Se =71 OF lY9MNQ COUM OF LAMWF- 99 000352 STANDARD VISITATION ORDER GENERAL CONDITIONS: It is the intention to provide frequent, liberal, and recurring visitation to the non-custodial parent as the child(ren) need regular contact with both parents and such visitation is in their best interest. When there is a conflict between different classifications of visitations, the following priority system will control: A. When a child's birthday and any other visitation conflict, the birthday shall have precedence. B. When a specific holiday and an alternate weekend conflict, the holiday visitation will have precedence over the weekend, but will not otherwise modify the visitation schedule. (For example, if the holiday granted in any particular year to a non-custodial parent falls between the regular weekend visitation, the non- custodial parent will have visitation for three (3) weekends in a row..) C. Holiday visitation (for either parent) will take precedence over summer visitation periods, but will not otherwise modify the visitation schedule. D. When the parents can agree upon alternate visitation to that set forth in the scheduled visitation, such alternate visitation will take precedence only for so long as the parents continue to agree upon the alternate visitation. E. Whenever a school holiday period is referred to. herein, it means the child's actual holiday or vacation period if the child is in school. If the child is not in school, the period will be the school vacation or holiday period as used by the elementary schools in the school system where the child resides with the custodial parent. Whenever possible the vacation period shall begin on Friday if the period is consecutive. ALTERNATE HOLIDAYS: The non-custodial parent shall have the following holidays: EVEN YEARS: 1. The first half of the Christmas Vacation beginning at 7 A.M. on the first day after the school vacation begins (or would begin if the child is not in school) through 8 A.M. Christmas Day. 2. Easter/Spring Break (to coincide with the longer of the. vacation periods if there are two separate vacation periods) school vacation period from 7 A.M. on the first full day of the vacation until 6 P.M. on the last day of the vacation period. 3. Labor Day (same as 4m of July with appropriate date changes). 4. Child's birthday from 7:00 A.M. to 7:00 P.M. ODD YEARS: 1. Second half of the Christmas vacation beginning at 8:00 a.m. on Christmas Day until 6:00 p.m. the last day of the school vacation. 2. New Years Day 3. 4th of July (beginning 6:00 P.M. on July 3 through 7:00 A.M. on July 5, except when the 4" falls on a Friday, Saturday, or Sunday, in which case the visitation will begin at 6:00 P.M. on Friday and continue to the end of the weekend at 6:00 P.M. or the end of the holiday (when the 4th is on a Monday) at 6:00 P.M.) 4. Thanksgiving (school holiday) from 6 P.M. the day school ends 6:00 P.M. the Sunday after the holiday. 5. Memorial Day (same as 4th of July with appropriate date changes). The mother shall always have Mother's Day and the father shall, have Father's Day from 7:00 A.M. until 6:00 P.M. Each parent shall have the same hours-on their respective birthdays. The custodial parent shall have the same holiday schedule as set forth above with the odd and even years reversed. ALTERNATE WEEKENDS: The non-custodial parent shall have visitation on those weekends -in which Friday is an even-numbered date, beginning at 6:00 P.M. on Friday and. ending at 6:00 P.M. on Sunday, unless the following Monday is a holiday (not set forth in the preceding section) in which case visitation shall not end until 6:00 P.M. on Monday. The custodial parent shall have visitation on those weekends in which Friday is an odd-numbered date, beginning and ending at the same times as set forth for the non-custodial parent's weekend visitation. Costs of weekend visitation shall be at the expense of the visiting. parent. SUMMER VISITATION: The non-custodial parent shall have a minimum of two months visitation during the summer vacation period, beginning on the first Saturday after.the school vacation begins (or would begin if the child is not in school) at 7:00 A.M. and continuing for a 60 day period, ending at 7:00 P.M. on the 601h day. The custodial parent shall have visitation according to the alternate holiday and weekend schedule set forth above only if there are no transportation costs incurred by the non-custodial parent during the custodial parent's exercise of visitation rights. SUMMER AND HOLIDAY TRANSPORTATION COSTS: All costs of visitation, will be borne equally by the parents, the non-custodial parent paying for the cost of bringing the child to the non-custodial parent's residence and the custodial parent paying.for the cost of returning the child to the custodial parent's residence. /s/JUDGES OF THE FIRST JUDICIAL DISTRICT 6 6Uj-5 1 SUPPLEMENTAL ORDER DOC. NO. 148-177 MICHAEL JAMES JONES, Plaintiff, VS. MARLENE. KAY JONES, Defendant. FILED FEB 21 2006 GERRIE E. BISHOP CLERK OF THE DISTRICT COURT The provisions relating to custody, alimony, support, visitation and conduct of the parties, are subject to the following .terms and conditions: 1. Care and Supervision A. Physical Needs of the Children - The party who has custody of the children or the party who is exercising visitation with the children will provide the children: a. with regular nutritious food, b. with clean and appropriate clothing, c. with sanitary and reasonably private living and sleeping quarters, d. with appropriate medical examinations and treatments. B. Trainina and Education - Both Parents: a. will train the children to obey and respect their teachers and the law, b. will require the children to attend all regular sessions of the school until graduation unless excused absence, c. . will personally supervise the control and conduct and activities of the children except when they are at school, or in known and usual recreational activities, or in the immediate care of another competent person, d. will provide guidance and counsel in worldly and spiritual matters. II. Control of Visitation - Unless otherwise provided: a. the person having visitation may take the children to such reasonable places for such reasonable activities as such person may determine. b. the children shall be ready and available promptly for all visits, c. the children will have clean and appropriate clothing for visitation, d. in the event a child is invited or desires to participate in other activities which may interfere with a visit, a parent will not encourage, permit or consent thereto without previous approval of the person whose visitation will be Interfered with, and will not deprecate the denial of such approval, e. the person entitled to visitation may correspond with the children and the other parent shall not censor such correspondence; f. the person entitled to visitation may telephone each child for a time not to exceed 15 minutes between 7:00 PM and 9:30 PM on Wednesdays and Sundays and at such other times as the parties may agree and the other parent shall not participate in such calls, g. visitation may not be reduced or denied because support is not paid. III. Interference - Neither parent will intrude upon the privacy of the other; nor falsely make or imply mean or nasty or derogatory or deprecatory statements about the other to anyone; nor prevent or restrict or in any way interfere with the other's rights granted by this Order. IV. Injunction - The Plaintiff and Defendant and their agents and servants are and each is, enjoined and restrained from doing, or attempting to do, or threatening to do, any act of injuring, maltreating, vilifying or molesting the other party, or any of the children. V. Child. Support 000355, A. In Decrees or Orders containing provisions for the payment of support of children, all such payments shall be delivered on or before the date ordered by means of cash, certified check, postal money order or government allotment check, payable to the Clerk of the District Court at the following address: Clerk of District Court P.O. Box 787 Cheyenne. WY 82003-0787 3rd Floor County Courthouse Bldg. 309 W. 201 St., Room 3100 Cheyenne, WY 82001 THE PARTY FILING THIS SUPPLEMENT ORDER SHALL COMPLETE ALL THE INFORMATION BELOW. CHILD SUPPORT: Amount Ordered $ None ($00.00 per month Date(s) Due Not Applicable Abate during visitation and upon filing of affidavit: Not Applicable. Mother's name: Marlene Kay Parker (formerly Jones) Address: 305 Little Valley Tr., Cheyenne, WY 82007 Employer: Lowes Distribution, 2723. Christensen Rd., Cheyenne, WY 82007 Place/Date of Birth: Torrington, WY; 06-27-73 Father's name: Address: Employer: Place/Date of Birth: Child's name: Address: Place/Date of Birth: Medical insurance is provided by: Insurance company: Uninsured amount to be paid by: Michael James Jones 46 North Old Stonehouse Rd., Carlisle, PA 17013 JLG Industries, 7301 Parkway Dr., Shippensbura, PA 17013 Salina, KS; 01-10-61 Tobie D. Jones Ambrosia L. Jones Same as Mother, above Same as Father, above Cheyenne, WY; 12-08-89 . Cheyenne, WY; 11-27-94 Plaintiff, Per Original Decree Pending thru Employment (recently employed) Split equally B. IT IS" FURTHER ORDERED that the withholding of income shall commence as provided below: (NOT APPLICABLE AT THIS TIME - NO SUPPORT BEING PAID) IF NOT DESIGNATED, INCOME WITHHOLDING SHALL BE EFFECTIVE IMMEDIATELY. 1. Effective upon entry of this Decree or Order; or 2 . Effective upon the filing and service of a voluntary application by Obligor; or 3. Effective upon the filing of a notice of delinquency and subsequent order of this Court, pursuant to the provisions of W.S. Sec. 20-6-201, eq,seq. C. IT IS FURTHER ORDERED that both Parents shall file in writing with the Clerk of this Court, any new address within 15 days after any change of address, and shall file in writing with the Clerk of this Court, the name and address of his or her employer within 15 days after any change of employment. VI Enforcement - A party moving for enforcement referred to in paragraph VII must be prepared to produce admissible evidence in support of the motion., A frivolous motion will result in appropriate censure or sanctions. Either party hereto, and/or the Department of Family Services, has the right to petition to enforce the Orders of this Court pursuant to W.S. 20-2-201 through 204, 20-2-310, & 20-2-311(d). VII Contempt - Wilful violation of any of the terms of this order may be punished as contempt of court. A party may compel aother's compliance with an order or decree by motion to the court, under oath, for an order to show cause whys sanctions should not be imposed. Such sanctions may result in a jail term. Failure to allow visitation as ordered may be considered contempt and could also constitute a change of circumstances warranting change of custody. This Supplemental Order for custody, etc., is incorporated into and de part of at Decree or Order to which it is attached and is enforceable to the'same extent and in the sarry manner acid Decree or Order. DA JUDGE, FIRST J1513ICIAL DISTRICT 0063%S MR OF WV MIND COUM OF LOAM Es CHEYENNE Lindsay Gingrich Maclay, Esquire DALEY ZucKER MEP-TON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 lmaclav@d==law.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL JAMES JONES, Plaintiff Docket No. 2007- (Civil Term) V. CIVIL ACTION - LAW MARLENE KAY JONES, Defendant (In Custody) AFFIDAVIT I, Michael James Jones, state that to the best of my knowledge, information, and belief, the February 14, 2006 Custody Order filed on February 21, 2006 in the District Court for the First Judicial District, State of Wyoming, County of Laramie, Docket Number 148- 177 has not been modified since the issuance of said Order. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. Date: J l?? a607 ?-,Av Michael Jame nes 07/09/2007 13:45 FAX 3076334277 STATE OF WYOMING y I COUNTY OF LARAMIE ) CLERK DI sir COURT IN THE DISTRICT COURT FIRST JUDICIAL DISTRICT MICHAEL JAMES JONES, I Plaintiff, y Doc. Nom V6. ) b MARLENE RAY JONES, OCT 2 9 WT Defendant. ) Z003 COMES NON, Michael James Jones, Plaintiff herein, by and' through his attorney of Record, Bert T. Ahlstrom, Jr:, and hereby states and alleges as follows: 1. That Plaintiff is a resident of Cheyenne, Laramie County, Wyoming,,-and has been for a period of time well exceeding sixty (60) days prior to filing this complaint. 2. That Plaintiff and the Defendant are Husband and Wife, having been married July 6, 1996, at Cheyenne, Laramie County, Wyoming. 3. That One (1) child has been adopted during this marriage, to wit: Tobie Dean Jones, born December 8, 1989, and One (1) Child has been born as issue of this marriage, to wit: Ambrosia Lynn Jones, born November 27, 1994. 4. That the Parties are fit to have joint -custody of said minor children, with Plaintiff having primary and Defendant having secondary rights in this regard. 5. That there are irreconcilable differences in the marital relationshi of the 1"1 p parties; and that the Plaintiff, is -*marital relationship of the parties; and that the Plaintiff, is (21 aggrieved thereby. 6. That the parties have accumulated real and personal property during their marriage; and that the parties have incurred certain indebtedness during their marriage, all of which should be equitable divided by the Court. 7. That the parties are is able-bodied and well employed 07/09/2007 13:45 FAR 30176334277 CLERK Mgt 9 004 and fully capable of supporting the minor children of this marriage. 8. That there is no fraud or collusion between -the parties in bringing this action. 9. That the Court has jurisdiction of the parties and of the subject matter hereof. HHMEFORE, Plaintiff prays the Court: 1. Grant him a divorce, dissolving this marriage, and restoring each to the status of a single person; and, 2. Grant him primary custody of the minor children of this marriage, subject to secondary custodial rights of the Defendant; and, 3. Grant an award of child support in such amount as the Court may deem equitable under the circumstances; and, 4. Grant an equitable division of the property and debts of the parties; and,, 5. Grant such other and further relief as the court may deem just and proper herein. DATBD.this 28th day of October, 1997. MICHAELI`JAMES JONES, Plaintiff By: Yri a. 1 . lid.-Jum" Y1 . P. 0. Box 133 Cheyenne WY 82003-01' 3 Attorney for Plainti (307) 635-7900 C*] 07/09/2007 13:45 FAX 3076334277 STATE OF WYOMING CLERK DtST COMrr SS: COUNTY OF LARAMIE ) IN THE DISTRICT COURT FIRST JUDICIAL DISTRICT MICHAEL JAMES JONES, ) Plaintiff, ) Doc. 148, No. 177 VS. I E MARLENE KAY JONES, ) AUG 0 5 201 Defendant. ) GERAIE E. SISkI[?H CL EW OF THE ftTftT e6u.^; PETITION TO MODIFY DIVORCE DECREE AS TO CQSTODY COMES NOW, Michael James Jones, Plaintiff herein, by and through his Attorney, Bert_ T. Ahlstrom; Jr., and hereby respectfully Moves the Honorable Court to Modify that Decree of Divorce entered herein on or about la 005 ,0&0. co December 23, 1997, to transfer primary residential care, custody and control of the minor children of the parties to the Plaintiff, and adjust child support previously Ordered, and other related matters; and, in support whereof, would show the Court as follows: 1. The parties were divorced on or about December 23, 1997 in the above-entitled matter. 2. The parties were granted joint legal custody of the parties' minor children, to wit: Tobie Dean Jones, born December 8, 1989, and Ambrosia Lynn Jones, born November 27, 1994, with the parties sharing parenting time'approxi-*? Jones, born November 27, 1994, with the parties sharing parenting time approxi- [2] I ,? mate.ly equally, 3. There has been a major and material change of circumstances since entry of said Decree in that the Defendant has moved from this jurisdiction and to the State of Illinois; and the parties have agreed that it is in the best interests of said children that they remain in this jurisdiction with the Plaintiff. 07/09/2007 13:46 FAX 3076334277 CLERK DIST COURT 007 f .? D AN ATT9RNEY HELP YOU? yes ?_ no STATE OF WYOMING ) IN THE DISTRICT COURT ) ss COUNTY OF Lwkmlp , JUDICIAL DISTRICT vs Petitioner QA Respondent Civil Action No. C , 1 -1 FILED MAR 18 GERRIE E. BISH17 CLERK OF THE DISTRICT COURT PETITION TO MODIFY DECREE REGARDING CUSTODY COMES NOW the Petitioner/ Respondent, and in support of this motion states: 1. Petitioner is the (check the ap opriate box) ec!uustodial parent 0 non-custodial parent and is a resident of C (? Q County, Wyoming. 2. An Order awarding child custody was entered on via: 0 A Decree Establishing Paternity was entered by this Court 0 By a Court in the county of , State of . (If another court issued the order, a copy is attached). R""'A Decree of Divorce entered by this Court t ? ; \"-O J I \- 5- 0002 J 0 By a Court in the County of , State of . (If another court issued the order, a copy is attached). MODIFICATION 237 (Revised 10/02) 07/09/2007 13:46 FAX 3076334277 CLMM Dtgt COURT 3. The Parties have (number) minor child(ren). Their names, ages and the person with custody is described below: CEMD'S NAME AGE & DATE OF BIRTH PERSON WITH CUSTODY -? e- Oo,,, 4:a rvoS s 1 DL t - ! --- - 4. (Check the appropriate box) ? That order has not been modified (in this state or any other state) with respect to child custody; ?That older was last modified with respect to child custody by order of this court dated - ,, - a(`p? ? The child custody was last modified by the .-f Court, County of ekl , State of on the !?r day of year. 5. That the most recent order awarded custody of the parties' minor child(ren) to: ? Petitioner 2 Respondent 6. That since the most recent order/decree was entered there has been a significant and MODIFICATION 237 (Revised 1 Wog) 07/09/2007 13:46 FAX 3076334277 CLMM 1) f52 COURT 7. That because of the change in circumstances, it is in the child(ren) to have the following custody/visitation arrangement'` 1009 WHEREFORE petitioner respectfully requests that this Court grant this Petition and modify child custody as requested by petitioner. DONE this day of t Cl? , 20f? , /nwJ, I ` Signature _ Print your Name, Address & Phone # here: j ..... L4 - Subscribed and sworn to before me by f?)?\jz-oxz- ks -r this 'day of rDL C C- 0-s , 200 Witness my hand and official seal. Notary Public My Commission Expires: Pursuant to Rule 102(a)(1)(B) of the Wyoming Uniform Rules of District Court the following attorney has participated in the preparation of this pleading but said attorney is NOT deemed to have entered an appearance in this matte: Attorney's Name Attorney's Address/Telephone: A. OOLIM Op LARNM w yaw, MODIFICA71ON 237 (Revised 10/02) 07/09/2007 13:46 FAX 3076334277 CU?RK DI§Tl C&RT 2010 Law Offices of Bert T. Ah/strom, Jr 1615 House Ave., A 0. Box 133 Cheyenne, WY 82003-0133 IN THE DISTRICT COURT FOR THE FIRST JUDICIAL DISTRICT COUNTY OF LARAMIE, STATE OF WYOMING DOC. NO. 148-177 MICHAEL JAMES JONES, ) Plaintiff/Petitioner, ) E 0 + F I L VS. j OCT 21 MARLENE KAY JONES. ) GERRIE E. BISHOP CLERK OF THE DISTRICT 00041T Defendant/Respondent. ) COMES NOW, the Plaintiff/Petitioner, MICHAEL JAMES JONES (hereinafter referred to as "Plaintiff"), by and through his Attorney, Bert T. Ahlstrom, Jr., and respectfully Petitions the Court to hold Defendant/Respondent, MARLENE KAY JONES (hereinafter referred to as "Defendant"), in contempt of Court for failure to comply with the Decree Of Divorce and subsequent Orders entered by and between the parties as to her non-compliance with the custodial/visitation rights established for and on behalf of Plaintiff and the minor children of the parties; and to Modify that said Decree to insure that Plaintiff shall receive his established rights in that regard; and in support of said Petition states and alleges as follows: 1. The Decree Of Divorce and subsequent Orders entered herein, and most recently on February 21, 2006, provides that Plaintiff should have, as a minimum, those visitation rights set forth in the Standard Visitation Order of this jurisdiction, to include the right of regular and consistent telephone contact with his children. 2. The Defendant has failed to comply with said Decree and subsequent 1*1 Orders of the rm lrt in this ronarel fnr .+....,.r.i .___ _ _ IUa, IL rids ranea to Mrnpiy with said Decree and subsequent [z] Orders of the Court in this regard for no valid reason, and due only to the intentional and contemptuous behavior of the Defendant., generally; and specifically, but without limitation, as follows, to wit; a. By denying Plaintiff said telephone contact, generally; and, specifically, during the summer of 2006, when he was denied such on a regular and consistent basis, for no valid reason; and, 07/09/2007 13:46 FAX 3076334277 CLERK D §of COtMT [Moil s b. In promoting disrespect for the Plaintiff by making mean or nasty or derogatory or deprecatory statements to the children about him; and, c. In otherwise interfering with those rights of Plaintiff established in said Decree and subsequent Orders, intentionally, purposely, and without just cause or excuse. 3. Defendant is in absolute and willful contempt of the Decree and Orders of this Court, and should be sanctioned accordingly. 4. The Decree should be modified as to Plaintiff's child custodial rights to ensure that Plaintiff is able to exercise those rights afforded to him concerning contact with his children, to include a complete change of primary custody to Plaintiff, if necessary to accomplish the same. 5. The Plaintiff is entitled to recover his attorney fees and costs in this matter due to said willful contempt of the Defendant. WHEREFORE, Plaintiff/Petitioner prays the Court grant this Petition; find Defendant/Respondent in contempt and impose sanctions, accordingly, to include but not be limited to any action which would enforce Plaintiff's rights with his children, to include a transfer of custody of the children to Plaintiff, if necessary to, ensure his rights in this regard; address any other issues concerning the children which maybe deemed applicable and appropriate; award his attorney fees and costs herein; and grant such other and further relief as may be deemed just and appropriate herein. DATED this 19"' day of September, 2006.. MICHAEL JAMES,UONES, Plaintiff/Petitioner By: Bert T. ?Istrom-dr: -- " P.O. Bo 133 c=i Chevenna. Wy R9nn?_n1 i-i P.O. Box 133 C21 Cheyenne, WY 82003-0133 (307) 635-7900 Attorney for Plaintiff/Petitioner tSEP-19-2007 01:10 PM AHLSTROM.LAW.OFFICE The Lew ON1oee of Bert T, Mletram, Jr. 1018 House Ave., P.O. Box 133 Cheyenne, WY 92003-0133 307 635 7900 IN THE DISTRICT COURT FOR THE FIRST JUDICIAL DISTRICT STATE OF WYOMING, COUNTY OF LARAMIE DOC. NO. 148-177 MICHAEL JAMES JONES, Plaintiff, . VS. MARLENE KAY JONES, Defendant. F I L E D SEP 17 2007 GERRIE E. BISHOP CLERK OF THE DISTRICT COURT THE ABOVE-ENTITLED MATTER, having come on before the Court on Motion of the Plaintiff, MICHAEL JAMES JONES, by and through his Attorney, T. Ahlstrom, Jr., to allow Plaintiff to withdraw his pending Petition to hold in contempt of the previous Order(s) of this Court, and to dismiss said Petition, accordingly; AND, good cause having been shown therefor; IT IS ORDERED, ADJUDGED AND DECREED, that the Motion of the Plaintiff should be, arild hereby is, Granted; that Plaintiff should be, and hereby allowed to Withdraw his Petition filed and pending herein; and that said Petition s be, and hereby is, dismissed, accordingly. DATED this day of , 2007. P.01 I t ? Copies To: Bert T. AhIstrom, Jr. Ri11E p N1?0 COYU'ry OF,1AUiA?', M CAN w. tfWdM [2] T ? t 1 rri , -0 rr r 00 t t7R - c 7 f b rn r Lindsay Gingrich Maclay, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 lmaclay(@dzmmglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL JAMES JONES, Plaintiff V. MARLENE KAY JONES, Defendant Docket No. 2007-5585 (Civil Term) CIVIL ACTION - LAW (In Custody) AFFIDAVIT OF SERVICE Lindsay Gingrich Maclay, Esquire, being duly sworn according to law, deposes and says that on October 26, 2007, she did serve upon Marlene Kay Parker, the Defendant in the foregoing case, a true and correct copy of the attached Notice by sending her, via certified Mail, Restricted Delivery, and via regular mail on October 16, 2007, to 16 Chris Loop, Cheyenne, Wyoming, 82007. The return receipt for which is attached. Sworn and subscribed before me this day of , 2007 DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 By: Li ay Gin h Ma ay, Es ire tto ey I.D. o. 87954 (C(Dpy October 16, 2007 VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED RESTRICTED DELIVERY & VIA REGULAR U.S. MAIL Ms. Marlene Kay Parker 16 Chris Loop Cheyenne, WY 82007 Re: Jones v. Jones (In Custody) Docket No. 2007-5585 (Cumberland County) PATRICIA CAREY ZUCKER SANDRA L. MEILTON STEVEN P. MINER KATHLEEN MISTURAK-GINGRICH LINDSAY GINGRICH MACLAY QUINTINA M. LAUDERMILCH Dear Ms Parker: Please be advised that we represent Mr. Michael J. Jones in the above- referenced matter. Enclosed please find a Notice for service upon you. Thank you in advance for your attention to this matter. PATRICIA A. PATTON OFFICE ADMINISTRATOR Very truly yours, DALEY ZUCKER WILTON MINER & GINGRICH, LLC jdsWayGitnch Maclay, Esquire REPLY TO: EAST SHORE OFFICE: 1029 SCENERY DRIVE HARRISBURG, PA 17109 717-657-4795 717-657-4996 FAX WEST SHORE OFFICE: 1035 MUMMA ROAD SUITE 101 WORMLEYSBURG, PA 17043 717-724-9821 717-724-9826 FAX LGMImrp Enclosure cc: Michael James Jones DALEY ZUCKER MEILTON MINER & GINGRICH, LLC A Pennsylvania Certied Woman Business Enterprise Lindsay Gingrich Maclay, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 lmaclay(a-)dzmmglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL JAMES JONES, Plaintiff Docket No. 2007- SS' S (Civil Term) V. CIVIL ACTION - LAW MARLENE KAY PARKER, f/k/a MARLENE KAY JONES, Defendant (In Custody) NOTICE TO: MARLENE KAY PARKER (f/k/a JONES) 16 CHRIS LOOP CHEYENNE, WYOMING 82007 This Notice is being served on you pursuant to 23 Pa.C.S. §5445(b)(2). Plaintiff, Michael Jones has requested that the attached Order Granting Defendant's Motion for Change of Custody, In Part, filed February 21, 2006 in the District Court for the First Judicial District, State of Wyoming, County of Laramie, Docket No. 148-177, be registered in the Court of Common Pleas of Cumberland County, Pennsylvania with regard to Ambrosia Lynn Jones, whose date of birth is November 27, 1994. Unless you contest the registration of this Order, the Order will be registered at the Cumberland County Courthouse. The registered Order is enforceable as of the date of the registration in the same manner as a Custody Order issued by a court in this Commonwealth. You may request a hearing to contest the validity of the registered Child Custody Order. The hearing must be requested in writing to the address below within twenty (20) days after service of this Notice. Cumberland County Courthouse 1 Courthouse Square Carlisle, Pennsylvania 17013 m r- i (Domestic Mail Only; No Insurance Coverage Provided) C3 rA 7S7E7 Q' M Postage $ PAYr N. C3 CerdHed Fee a • ??- p Ratum Receipt Fee r? f Here (Endorsement Required) v2 / 5 A-i It Q' (EndomemeM Required) D 3 ru Totar Postage & Fees $ q . 3 4 y? -- - •---- ------------ or .Box ?._'h?er.S _. 1 -7 'JPQcgq *ft Isms % F and 3. Also complete A. -411111M 4:9, Restocked DeNYelry Is desired. Agent ¦ Print you narne and address on the reverse Addrmoo so that we can return the card to you. EL hw" by (ft*W Wro C. Date of DeNawy • Mach this card to the hack of the main or on the front If space permits. N addlsss dlQerw from lien 1? O Yw 1. Aida Addroeeed to: If eater delivery addmu below: 0 No ohs. Ina 4mw ?1AGIis Loaw OCT 2 6 NY B °D Type Lid 0 ExpraeeMON 0 Return Ran Ipt for MerohwWbm U S P S Irretrred Melt 0 C.O.D. 4. R wMcted MWeryr (Extra Fed 2'Article N1f1b°r 7004 2890 []001 3911 0773 (narrower Aorn seirvbe rebsll Ps Form 3811, February 2004 DomuftfWkwn Roe lpt 1025e54324A-1240 i U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: /i A4 171e)g /4 One piece of ordinary mail addressed to: A7 G?J , v , v-1 Jw 1 1, adllully LUU I Nw- # Ok Oo W W?A # W N 1119 # ! C) UMTr0 T? N G r 01 o to 14 00 8 11d ? o ro 0010 %0 -ter O% USPS - Track & Confirm Search Results Page 1 of 1 Label/Receipt Number: 7004 2890 0001 3911 0773 Status: Delivered Track & Con inn Your item was delivered at 9:38 AM on October 26, 2007 in CHEYENNE, Enter Label/Receipt Number. WY 82009. ??`j??. ?,? ?y q,? ¦/asp y??...,? ' F? 7fi ?? ? i! iS? {F'1Tr? ?n:? ()1W?iO ? ??? ._,...s? Notification Optic Track & Confirm by email Get current event information or updates for your item sent to you or others by email. r? . Site Map Contact Us Forms Gott Services Jobs Privacy Policy Temis of Use National & Premier Accounts Copyright©1999-2007 USPS. All Rights Reserved. No FEAR Act EEO Data FOIA http://trkcnfrml .smi.usps.com/PTSIntemetWeb/InterLabelInquiry.do 10/29/2007 r-3 'Tl `" ? ?"l - ,?, ?' i? ? i . . C.a's F ? ?../ ?, _.{; (`.. Lindsay Gingrich Maclay, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Imaclay@dzmmglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL JAMES JONES, Plaintiff/Petitioner V. Docket No. 2007-5585 (Civil Term) CIVIL ACTION - LAW MARLENE KAY JONES, Defendant/Respondent (In Custody) NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Petition to Modify Custody and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Petition or for any other claim or relief requested by the Petitioner. You may lose money or property or other rights important to you. 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 ZUCKER MV ON MINER CH, LLC _ Date: *1 1 ?> i 2006 By: 2i? dtay GingriftNallay, Esquire preme Court# 87954 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 Attorneys for PlaintifflPetitioner NOTICIA Le han demando a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archiver en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas a puede entrar una orden contra usted sin previo aviso o notificacion y por cualguir queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiendades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SOFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONAL O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGAUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 DALEY ZUCKER MEILTO MINER & G CH, LLC Date: m a ,2005 By: ?Aa m n say Gin h aclay, Esqu upreme Coft(t ID # 87954 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 Attorneys for Plaintiff/Petitioner Lindsay Gingrich Maclay, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 1maclay(2dzmmglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL JAMES JONES, Plaintiff/Petitioner Docket No. 2007-5585 (Civil Term) V. MARLENE KAY JONES, Defendant/Respondent CIVIL ACTION - LAW (In Custody) PETITION TO MODIFY CUSTODY AND NOW, this _ IA? day of 2008, comes Plaintiff/Petitioner, Michael James Jones, by and through his attorneys, Daley Zucker Meilton Miner & Gingrich, LLC, and petitions this Honorable Court as follows: 1. Plaintiff/Petitioner, Michael James Jones (hereinafter referred to as "Father"), is an adult individual who currently resides at 46 North Old Stonehouse Road, Carlisle, Cumberland County, Pennsylvania 17015. 2. Defendant/Respondent, Marlene Kay Jones (hereinafter referred to as "Mother"), is an adult individual who currently resides at 1114 East 6'h Street, Cheyenne, Laramie County, Wyoming 82007. 3. The parties are the natural parents of one (1) child, namely, Ambrosia Lynn Jones whose date of birth is November 27, 1994 (hereinafter "Ambrosia") 4. Ambrosia was born out of wedlock. 5. Father adopted Mother's child from a prior relationship, namely, Tobie Dean Jones whose date of birth is December 8, 1989 (hereinafter "Tobie") Procedural History 5. On October 29, 1997 in Laramie County, Wyoming, Father filed a Complaint in Divorce against Mother, which Complaint included a count for custody. A copy of the Complaint in Divorce is attached hereto as Exhibit "A" and is incorporated herein by reference. 6. It appears from references in a Petition to Modify Divorce Decree as to Custody filed on behalf of Father on August 5, 2002, that a Divorce Decree/Custody Order was issued on or about December 23, 1997 wherein the parties shared "parenting time approximately equally." A copy of the August 5, 2002 Petition to Modify Divorce Decree as to Custody is attached hereto as Exhibit "B" and is incorporated herein by reference. 7. On August 5, 2002, after Mother had moved from Wyoming to Illinois, Father filed a Petition to Modify Divorce Decree as to Custody wherein Father asked the Court to award him primary physical custody of the parties' children. See Exhibit "B". 8. Based upon references made in Mother's March 18, 2005 Petition to Modify Decree Regarding Custody, Father was awarded primary physical custody of both children in or around November 5, 2002 as a result of his August 5, 2002 filing. A copy of the March 18, 2005 Petition to Modify Decree Regarding Custody is attached hereto as Exhibit "C" and is incorporated herein by reference. 9. On March 18, 2005, Mother filed a Petition to Modify Decree Regarding Custody wherein Mother requested primary physical custody of both children. See Exhibit "C". 10. Father and the children moved to Pennsylvania in May of 2005. 11. A hearing was held on October 17, 2005 on Mother's Petition to Modify and an Order was issued on February 14, 2006 wherein Father retained primary physical custody of Ambrosia and Mother, by agreement, obtained primary physical custody of Tobie. Each non-custodial parent was granted periods of partial custody with the other child as well. A copy of the February 14, 2006 Order is attached hereto as Exhibit "D" and is incorporated herein. 12. On October 27, 2006, Father filed a Petition for Order to Show Cause Why Respondent Should Not Be Held in Contempt of Court, and For Modification of Decree as to Custodial/Visitation Rights. A copy of the Petition is attached hereto as Exhibit "B" and is incorporated herein by reference. 13. On September 8, 2007, Father's Motion to Dismiss the October 27, 2006 Petition was granted and the matter was dismissed. A copy of the September 8, 2007 Order is attached hereto as Exhibit "F" and is incorporated herein by reference. 14. The Wyoming custody matter, as to Ambrosia, was properly registered in Cumberland County, Pennsylvania at the above-referenced docket number. 15. The Custody Order currently in place in Cumberland County, Pennsylvania as to Ambrosia and in Laramie County, Wyoming as to Tobie is the February 14, 2006 Order. See Exhibit "D". 16. Since the entry of the February 14, 2006 Order Father has repeatedly expressed concerns to Mother about Mother's work schedule and caring for Ambrosia during her periods of custody. 17. Since the entry of the February 14, 2006 Order Father has repeatedly expressed concerns to Mother about adequate supervision for Ambrosia during her periods of custody. 18. Since the entry of the February 14, 2006 Order Mother has repeatedly insisted on exposing Ambrosia to persons of questionable moral character. 19. Father has heard reports from Ambrosia and others in the Cheyenne area that when Ambrosia is with Mother, she is out at all hours of the day and night. 20. Last summer while in the custody of her Mother, Ambrosia was walking 5 or 6 miles back home after delivering Mother's girlfriend's car to her workplace and was detained by police officers for loitering by the side of a poorly-lit road at 2:00 a.m. 21. Mother lacks a schedule or consistency in her parenting when Ambrosia is with her and upon Ambrosia's return for the school year, Father has an extremely difficult time getting Ambrosia back into a schedule and routine. 22. Father has enrolled Ambrosia in activities in Pennsylvania. 23. Father has more than adequate supervision in his home. 24. Father has no information of any other custody proceeding concerning the Child pending in any court of this Commonwealth. 25. Father does not know of any other person not any party to the proceedings, besides those who have been notified by this Petition, who has physical custody of the Child or claims to have custody or visitation rights with respect to the Child. 26. Each parent whose parental rights to Ambrosia have not been terminated and the person who has primary physical custody of Ambrosia has been named as a party to this action. There are no other persons who are known to have or claim to have a right to custody or visitation of Ambrosia. 27. Father would like to re-examine the length of Mother's periods of partial custody and to ensure that Ambrosia is well-supervised while under Mother's supervision. 28. Ambrosia's best interests and permanent welfare will be best served by granting the relief requested because: a) Father has exercised primary physical custody of Ambrosia since May of 2002; and b) Father has evidenced a willingness and ability to follow Court Orders and Agreements entered in Ambrosia's best interests; and c) Father has taken an active interest in and has actively participated in the Ambrosia's life and activities; and d) Father is concerned for Ambrosia's safety and welfare while in the care of Mother; and e) Father has a regular schedule and routine for Ambrosia to which Ambrosia has adjusted well; and f) Father adequately supervises Ambrosia while she is with him; and g) Father continues to provide Ambrosia with a home with more than adequate moral, emotional and physical surroundings as required to meet her needs; and h) Father's primary concern is for Ambrosia's safety, health and well- being; and i) Father continues to exercise parental duties and responsibilities and continues to enjoy the Ambrosia's love and affection; and j) Father has tried to be supportive of Mother's relationship with Ambrosia; and k) Father has acted responsibly with regard to Ambrosia and has always had Ambrosia's best interests in mind; and 1) Despite not agreeing with Mother's behaviors and actions, Father has supported Ambrosia's relationship with Mother and Father will continue to support the relationship between Mother and Ambrosia. WHEREFORE, Petitioner, Michael James Jones, requests this Honorable Court enter an Order adjusting Mother's periods of partial custody with Ambrosia and addressing adequate supervision for Ambrosia during Mother's periods of partial custody. Respectfully Submitted, DALEY ZUCKER MEILTON MINER & GINGRICH, LLC By: ?, alay vin cp ivi4clay, nsqu, ttorney I.D. o. 87954 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 Attorneys for Plaintiff/Petitioner VERpFICATION I, Michael dames does, verify that the statements made in this Petition to Modify Custody are true and correct. I understand that false statements herein are made subject to the penalties of IS N.C.S.A. Section 4104 relating to unsworn falsification to authorities. Date: S ?rd L-,-?ZL, clw?? 'A?? ichael T ones Lindsay Gingrich Maclay, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 lmaclayAdzmmglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL JAMES JONES, Plaintiff/Petitioner Docket No. 2007-5585 (Civil Term) V. MARLENE KAY JONES, Defendant/Respondent CIVIL ACTION - LAW (In Custody) CERTIFICATE OF SERVICE AND NOW, this 12 - day of MOLq __, 2008, I, Lindsay Gingrich Maclay, Esquire, hereby certify the following persdn was served with the foregoing Petition for Modification. This document was mailed via Certified Mail, Return Receipt Requested, Restricted Delivery in the United States Mail, Postage Prepaid, and via Regular Mail with Proof of Mailing, addressed as follows: Ms. Marlene Kay Jones (n/k/a Ms. Marlene Kay Parker) 1114 East 6th Street Cheyenne, Wyoming 82007 DALEY ZUCKER MEILTON MINER & GINGRICH, LLC By: n say Gin aclay, Es ire ttorney I.D. to. 87954 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 Attorneys for Plaintiff/Petitioner Exhibit "A" 07/09/2007 13:45 FAX 3076334277 CLERK DIST COURT IM 003 STATE OF WYOMING ) ) COUNTY OF LARAMIR ) IN THE DISTRICT COURT FIRST JUDICIAL DISTRICT 1 MICHAEL JAMBS JONES, ?'? Plaintiff, } Doc.lw, D1o. , VS. ) MARLENE RAY JONES, ) iOL,T 2 99T } Defendant. ) y; CME E ISHW. COMPLAINT FOR DTVORC COMES NOW, Michael James Jones, Plaintiff herein, by and, through his attorney of Record, Bert T. Ahlstrom, Jr:, and hereby states and alleges as follows: 1. That Plaintiff is a resident of Cheyenne, Laramie County, Wyoming, and has been for a period of time well exceeding sixty (60) days prior to filing this Complaint. 2. That Plaintiff and the Defendant are Husband and Wife, having been married July 6, 1996, at Cheyenne, Laramie County, Wyoming. 3. That One (1) child has been adopted during this marriage, to wit: Tobie Dean Jones, born December B. 1989, and One (1) Child has been born as issue of this marriage, to wit: Ambrosia Lynn Jones, born November 27, 1994. 4. That the Parties are fit to have joint custody of said minor children, with Plaintiff having primary and Defendant having secondary rights in this regard. 5. That there are irreconcilable differences in the marital relationship of the parties; and that the Plaintiff. is marital relationship of the [z] p parties; and that the Plaintiff, is aggrieved thereby. 6. That the parties have accumulated real and personal property during their marriage; and that the parties have incurred certain indebtedness during their marriage, all of which should be equitable divided by the Court. 7. That the parties are is able-bodied and well employed 07/09/2007 13:45 FAX 3076334277 CLERK DIST COURT 191004 and fully capable of supporting the minor children of this marriage. 8. That there is no fraud or collusion between -the parties in bringing this action. 9. That the Court has jurisdiction of the parties and of the subject matter hereof. WHEREFORE, Plaintiff prays the Court: 1. Grant him a divorce, dissolving this marriage, and restoring each to the status of a single person; and, 2. Grant him primary custody of the minor children of this marriage, subject to secondary custodial rights of the Defendant; and, 3. Grant an award of child support in such amount as the Court may deem equitable under the circumstances; and, 4. Grant an equitable division of the property and debts of the parties; and, 5. Grant such other and further relief as the Court may deem just and proper herein. DATSD_this 28th day of October, 1997. MICHAELIJAMES JONES, Plaintiff By: _ P. 0. Box 133 Cheyenne WY 82003-01 3 Attorney for Plaintif (307) 635-7900 [*7 Exhibit "B" 07/09/200713:45 FAX 3076334277 CLERK DIST COURT STATE OF WYOMING COUNTY OF LARAMIE SS: IN THE DISTRICT COURT FIRST JUDICIAL DISTRICT MICHAEL JAMES JONES, Plaintiff, VS. MARLENE KAY JONES, Defendant. Doc. 148, No. 177 FILE AUG 0 5 2002 2005 .# /_p.a_° GERRIE E. 815b' CLERK OF THE DISTRICT Ctiu. PETITION TO MODIFY DIVORCE DECREE AS TO CUSTODY COMES NOW, Michael James Jones, Plaintiff herein, by and through his Attorney, Bert T. Ahlstrom; Jr., and hereby respectfully Moves the Honorable Court to Modify that Decree of Divorce entered herein on or about December 23, 1997, to transfer primary residential care, custody and control of the minor children of the parties to the Plaintiff, and adjust child support previously Ordered, and other related matters; and, in support whereof, would show the Court as follows: 1.. The parties were divorced on or about December 23, 1997 in the above-entitled matter. 2. The parties were granted joint legal custody of the parties' minor children, to wit: Tobie Dean Jones, born December 8, 1989, and Ambrosia Lynn Jones, born November 27, 1994, with the parties sharing parenting time 'approxi- [*I Jones, born November 27, 1994, with the parties sharing parenting time 'approxi- [21 mate.ly equally. 3. There has been a major and material change of circumstances since entry of said Decree in that the Defendant has moved from this jurisdiction and to the State of Illinois; and the parties have agreed that it is in the best interests of said children that they remain in this jurisdiction with the Plaintiff. 07/09/2007 13:46 PAX 3076334277 CLERK DIST COURT IM006 4. The Court should recognize and adopt the agreement of the parties, and transfer primary residential care, custody and control of the said minor children to the Plaintiff, and the Defendant to have open, liberal and reasonable secondary parenting rights with said children, as the parties shall mutually agree, but not less than this jurisdiction's "standard visitation order". 6. Defendant's child support obligation should be established pursuant to current child support guidelines and Wyoming law. 7. Other matters involving the transfer of custody, and the result thereof on the parties should be readdressed at this time. WHEREFORE, Plaintiff respectful(y Prays the Court grant this Petition; transfer primary residential care, custody and control of the minor children of the parties to him, subject to Defendant's secondary parenting rights; establish the child support obligation of the Defendant, accordingly; otherwise address the issues involved in such a transfer of custody; and direct such other and further relief as the Court may deem just and equitable herein. DATED this 11 day of July, 2002. MICHAEL JAMES JONES Plaintiff & Petitioner, By: Bert T. hl tro Jr. P.O. Box 133 Cheyenne, WY 82003-0133 (307) 635-7900 ATTORNEY FOR PLAINTIFF & PETITIONER Exhibit "C" 07/09/2007 13:46 FAX 3076334277 CLERK DIST COURT 01007 D AN A7'NEY HELP YOU? yes no STATE OF WYOMING ) IN THE DISTRICT COURT ss COUNTY OF JUDICIAL DISTRICT Petitioner ) ) vs ) NbA Respondent ) Civil Action No. FILED PEAR 18 2a1? GERRIE E. BIS??P? CLERK OF THE DISTRICT COURT PETITION TO MODIFY DECREE REGARDING CUSTODY COMES NOW the Petitioner / Respondent, and in support of this motion states: 1. Petitioner is the (check the appropriate box) f rcustodial parent 0 non-custodial parent and is a resident of ,(tip Q County, Wyoming. 2. An Order awarding child custody was entered on - -(? via: ? A Decree Establishing Paternity was entered by this Court ? By a Court in the county of , State of (If another court issued the order, a copy is attached). V-'A Decree of Divorce entered by this Court t ? ; \O ? 11- S" 4;002 0 By a Court in the County of is attached). State of (If another court issued the order, a copy MODIFICATION 237 (Revised 10/02) 07/09/2007 13:46 FAX 3076334277 CLERK DIST COURT Q008 3. The Parties have. ta_(number) minor child(ren). Their names, ages and the person with custody is described below: CHILD'S NAME AGE & DATE OF BIRTH PERSON WITH CUSTODY d24 es 4. (Check the appropriate box) ?That order has not been modified (in this state or any other state) with respect to child custody; ?That ider was last modified with respect to child custody by order of this court dated - `? - 6-'t Q ? ? The child custody was last modified by the O. 's ?-`i Court, County of LA [ u - , State of ( on the _!!? day of , year: 5. That the most recent order awarded custody of the parties' minor child(ren) to: O Petitioner i" Respondent 6. That since the most recent order/decree was entered there has been a significant and MODIFICATION 237 (Revised 10/02) 07/09/2007 13:46 FAX 3076334277 CLERK DIST COURT 7. That because of the change in circumstances, it is in the bE child(ren) to have the following custody/visitation arrangements:- r, of the [a 009 WHEREFORE petitioner respectfully requests that this Court grant this Petition and modify child custody as requested by petitioner. DONE this - day of ? ?r , 20fY-) i r Signature Print your Name, Address & Phone # here: Subscribed and sworn to before me by s VVV-31z'. ??kt-r this j'tday of s c-.0^-, , 200.5 Witness my hand and official seal. Notary Public My Commission Expires: Pursuant to Rule 102(a)(1)(B) of the Wyoming Uniform Rules of District Court the following attorney has participated in the preparation of this pleading but said attorney is NOT deemed to have entered an appearance in this matter: Attorney's Name Attorney's Address/Telephone: OMM"OF LARMN W'1tj !WEMMOMINIMI, -000-000 -0 sedw --- MODIFICATION 237 (Revised 10/02) Exhibit "D" AhJstrom Law Offices IN THE DISTRICT COURT FOR THE FIRST JUDICIAL DISTRICT STATE OF WYOMING, COUNTY OF LARAMIE. DOC. NO. 148-177 MICHAEL JAMES JONES, ) Plaintiff, ) ) VS. ) ) MARLENE KAY JONES, ) ) Defendant. ) FILED FEB 21 2006 GERRIE E. BISHOP CLERK OF THE DISTRICT COURT ORDER GRANTING DEFENDANT'S MOTION FOR CHANGE OF CUSTODY, IN PART THE ABOVE-ENTITLED MATTER, having come on for hearing before the Court on the 17th day of October, 2005 upon the Defendant's "Petition To Modify Decree Regarding Custody" filed March 18, 2005; the Plaintiff appearing via telephone and by his Attorney, Bert T. Ahlstrom, Jr.; and the Defendant appearing personally and Pro Se; and the parties having announced a stipulated settlement of the primary issues of custody and future child support, and having advised that they would like the Court to determine the remaining issues of visitation and child support arrears owed by Defendant to Plaintiff; and the Court having heard and considered the arguments of the parties in that regard, and having reviewed the file herein, and being otherwise advised in the premises; FINDS: 1. The Court has jurisdiction of the parties and of the subject matter hereof. G 2. The stipulation of the parties as to child custody appears to be in the best interests of the minor children of the parties, and should be adopted by the Court. 3. The stipulation of the parties as to non-payment of future child support appears to be well-founded in light of the distance involved between the homes of the parties, travel considerations, and the split custody arrangement, and should be adopted by the Court. 4. Future visitation should be as mutually agreed, but with the guidance of the Standard Visitation Order as a fall-back position if the parties cannot so agree, and with minor modifications as hereinafter set forth. 5. Child support arrears owed by Defendant to Plaintiff shall be determined as of January 1, 2005, the date the parties each took over the care, custody and control of the child presently with him or her; and paid out as hereinafter set forth. IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED, that: 1. The Plaintiff shall continue to have the primary, residential and legal care, custody and control of the minor child, Ambrosia Lynn Jones, born November 27, 1994, subject to the Defendant's secondary parenting and visitation rights with said child. 2. The Defendant shall now have the primary, residential and legal care, custody and control of the minor child, Toby Dean Jones, born December 8, 1989, subject to the Plaintiff's secondary parenting and visitation rights with said child. 3. The split child support guidelines call for the Plaintiff to pay to the Defendant the sum of $135.06 per month; however, the parties. have agreed to deviate to zero ($00.00) child support for the reason that each will be fully supporting one child, and further based upon the cost of extensive travel for visitation purposes, and other expenses each is providing to the child in his or her primary custody. There are no means-tested sources of income to the parties or the children; there is no need for a withholding order or security, as no support is paid; and there shall be no abatement of child support during extended visitation periods, for the same reason. 4. Visitation between the parties and the children shall be as mutually agreed by the parties, but in the event of disagreement, the Standard Visitation Order of this jurisdiction shall pertain and control; provided; however, the Court fully encourages the following condition, to wit: the children shall be kept together during the entire Thanksgiving and Christmas vacation periods, with the Plaintiff having the children for Christmas 2005 and every odd year thereafter, and Thanksgiving 2006 and every even year thereafter; and with the Defendant having the children for Thanksgiving, 2005 and every odd year thereafter, and Christmas 2006 and every even year thereafter. The parties shall each be responsible for one-half (%z) of all trans- portation costs associated with visitation during Thanksgivings, Christmases, and Summer; and One Hundred Percent (100%) of any such costs incurred during other visitation exercised by each; all as per the Standard Visitation Order. In this regard, if the Defendant does not personally provide the transportation for the child or children by driving him, her or them, she shall be responsible for the first leg of the trip at all times by obtaining one-way, non-stop, non-refundable airline ticketing from Denver, Colorado to Baltimore, Maryland, or vice versa, and provide the same to Plaintiff, well in advance, if the trip is to be from Baltimore to Denver. The Plaintiff shall be responsible for the second leg of the trip at all times by providing all costs of returning the child or children to Baltimore or Denver, whichever the case may be. The parties shall each also pay the "babysitting fee" applicable to his or her leg of the trip for flying the youngest child, as required by the airline in question. 5. The child support arrears due and owing by Defendant to Plaintiff from the date of the last Order entered herein through December 31, 2004, the retroactivity date, is the sum of Nine Hundred Sixty Dollars and Sixteen Cents ($960.16), and shall be due and payable at no less than the sum of Fifty Dollars ($50.00) per month until paid in full. 6. The parties shall be bound by the terms and conditions of that Supplemental Order annexed hereto, and incorporated herein by this reference. IT IS FURTHER ORDERED, ADJUDGED AND DECREED, that all other terms and conditions of the previous Orders and Decrees entered herein shall be and remain in full force and effect, unless specifically modified by this document. DATED this I _ day of-O .teher, 200k ? ;-?? e"'x-1 THOMAS T.C. CAMPBELL, JUDGE FrATE OF WYOMING COUNTY OF LARAMIE, EE CHEYENNE I Deft E Map, Clrk of ft D01ot Court M and fix the Lxw g=k si fNiKmr and Dome copy d e o?igN a Otlriadt a the od M neppera AN or of Hard In mmmmm:yvv oMa end that the ?iN laameatrd? 1 Yrtk?eot nrlhw d ad n eed ei d mid aou2 21!„L,(Vn OENNeE E. OF, , et Court APPROVED AS TO FORM AND SUBSTANCE: e y-14 Plaintiff: Micha Ja es By: B Ahlstrom, Jr., Attorney for Plaintiff Defendant: Z Marlene Kay 0AAP f/k/a Jones Defendant, Pro Se STANDARD VISITATION ORDER GENERAL CONDITIONS: It is the intention to provide frequent, liberal, and recurring. visitation to the non-custodial parent as the child(ren) need regular contact with both parents and such visitation is in their best interest. When there is a conflict between different classifications of visitations, the following priority system will control: A. When a child's birthday and any other visitation conflict, the birthday shall have precedence. B. When a specific holiday and an alternate weekend conflict, the holiday visitation will have precedence over the weekend, but will not otherwise modify the visitation schedule. (For example, if the holiday granted in any particular year to a non-custodial parent falls between the regular weekend visitation, the non- custodial parent will have visitation for three (3) weekends in a row.) C. Holiday visitation (for either parent) will take,precedence over summer visitation periods, but will not otherwise modify the visitation schedule. D. When the parents can agree upon alternate visitation to that set forth in the scheduled visitation, such alternate visitation will take precedence only for so long as the parents continue to agree upon the alternate visitation. E. Whenever a school holiday period is referred to herein, it means the child's actual holiday or vacation period if the child is in school. If the child is not in school, the period will be the school vacation or holiday period as used by the elementary schools in the school system where the child resides with the custodial parent. Whenever possible the vacation period shall begin on Friday if the period is consecutive. ALTERNATE HOLIDAYS: The non-custodial parent shall have the following holidays: EVEN YEARS: 1. The first half of the Christmas Vacation beginning at 7 A.M. on the first day after the school vacation begins (or would begin if the child is not in school) through 8 A.M. Christmas Day. 2. Easter/Spring Break (to coincide with the longer of the vacation periods if there are two separate vacation periods) school vacation period from 7 A.M. on the first full day of the vacation until 6 P.M. on the last day of the vacation period. 3. Labor Day (same as 4m of July with appropriate date changes). 4. Child's birthday from 7:00 A.M. to 7:00 P.M. ODD YEARS: 1. Second half of the Christmas vacation beginning at 8:00 a.m. on Christmas Day until 6:00 p.m. the last day of the school vacation. 2. New Years Day 3. 41h of July (beginning 6:00 P.M. on July 3 through 7:00 A.M. on July 5, except when the 4t' falls on a Friday, Saturday, or Sunday, in which case the visitation will begin at 6:00 P.M. on Friday and continue to the end of the weekend at 6:00 P.M. or the end of the holiday (when the 4th is on a Monday) at 6:00 P.M.) 4. Thanksgiving (school holiday) from 6 P.M. the day school ends 6:00 P.M. the Sunday after the holiday. 5. Memorial Day (same as 4th of July with appropriate date changes). The mother shall always have Mother's Day and the father shall have Father's Day from 7:00 A.M. until 6:00 P.M. Each parent shall have the same hours on their respective birthdays. The custodial parent shall have the same holiday schedule as set forth above with the odd and even years reversed. ALTERNATE WEEKENDS: The non-custodial parent shall have visitation on those weekends in which Friday is an even-numbered date, beginning at 6:00 P.M. on Friday and ending at 6:00 P.M. on Sunday, unless the following Monday is a holiday (not set forth in the preceding section) in which case visitation shall not end until 6:00 P.M. on Monday. The custodial parent shall have visitation on those weekends in which Friday is an odd-numbered date, beginning and ending at the same times as set forth for the non-custodial parent's weekend visitation. Costs of weekend visitation shall be at the expense of the visiting parent. SUMMER VISITATION: The non-custodial parent shall have a minimum of two months visitation during the summer vacation period, beginning on the first Saturday after the school vacation begins (or would begin if the child is not in school) at 7:00 A.M. and continuing for a 60 day period, ending at 7:00 P.M. on the 60th day. The custodial parent shall have visitation according to the alternate holiday and weekend schedule set forth above only if there are no transportation costs incurred by the non-custodial parent during the custodial parent's exercise of visitation rights. SUMMER AND HOLIDAY TRANSPORTATION COSTS: All costs of visitation will be borne equally by the parents, the non-custodial parent paying for the cost of bringing the child to the non-custodial. parent's residence and the custodial parent paying for the cost of returning the child to the custodial parent's residence. /s/JUDGES OF THE FIRST JUDICIAL DISTRICT SUPPLEMENTAL ORDER DOC. NO. 148-177 MICHAEL JAMES JONES, Plaintiff, VS. MARLENE KAY JONES, Defendant. FILED FEB 21 2006 GERRIE E. BISHOP CLERK OF THE DISTRICT COURT The provisions relating to custody, alimony, support, visitation and conduct of the parties, are subject to the following terms and conditions: 1. Care and Supervision A. Physical Needs of the Children - The party who has custody of the children or the party who is exercising visitation with the children will provide the children: a. with regular nutritious food, b. with clean and appropriate clothing, c. with sanitary and reasonably private living and sleeping quarters, d. with appropriate medical examinations and treatments. B. Trainino and Education - Both Parents: a, will train the children to obey and respect their teachers and the law, b. will require the children to attend all regular sessions of the school until graduation unless excused absence, c. will personally supervise the control and conduct and activities of the children except when they are at school, or in known and usual recreational activities, or in the immediate care of another competent person„ d. will provide guidance and counsel in worldly and spiritual matters. 11. Control of Visitation - Unless otherwise provided: a. the person having visitation may take the children to such reasonable places for such reasonable activities as such person may determine. b. the children shall be ready and available promptly for all visits, c. the children will have clean and appropriate clothing for visitation, d. in the event a child is invited or desires to participate in other activities which may interfere with a visit, a parent will not encourage, permit or consent thereto without previous approval of the person whose visitation will be interfered with, and will not deprecate the denial of such approval, e. the person entitled to visitation may correspond with the children and the other parent shall not censor such correspondence, f. the person entitled to visitation may telephone each child for a time not to exceed 15 minutes between 7:00 PM and 9:30 PM on Wednesdays and Sundays and at such other times as the parties may agree and the other parent shall not participate in such calls, g. visitation may not be reduced or denied because support is not paid. Ill. Interference - Neither parent will intrude upon the privacy of the other; nor falsely make or imply mean or nasty or derogatory or deprecatory statements about the other to anyone; nor prevent or restrict or in any way interfere with the other's rights granted by this Order. IV. Injunction - The Plaintiff and Defendant and their agents and servants are and each is, enjoined and restrained from doing, or attempting to do, or threatening to do, any act of injuring, maltreating, vilifying or molesting the other party, or any of the children. V. Child Support A. In Decrees or Orders containing provisions for the payment of support of children, all such payments shall be delivered on or before the date ordered by means of cash, certified check, postal money order or government allotment check, payable to the Clark of the District Court at the following address: Clerk of District Court 3rd Floor County Courthouse Bldg. P.O. Box 787 309 W. 20" St., Room 3100 Cheyenne WY 82003-0787 Cheyenne, WY 82001 THE PARTY FILING THIS SUPPLEMENT ORDER SHALL COMPLETE ALL THE INFORMATION BELOW. CHILD SUPPORT: Amount Ordered $_None ($00.00 per month Date(s) -Due Not Applicable Abate during visitation and upon filing of affidavit: Not Applicable. Mother's name: Marlene Kay Parker (formerly Jones) Address: 305 Little Valley Tr., Cheyenne. WY 82007 Employer: Lowes Distribution, 2723 Christensen Rd., Cheyenne, WY 82007 Place/Date of Birth: Torrinaton, WY; 06-27-73 Father's name: Michael James Jones Address: 46 North Old Stonehouse Rd., Carlisle. PA 17013 Employer: JLG Industries, 7301 Parkway Dr., Shiopensbura, PA 17013 Place/Date of Birth: Salina, KS: 01-10-61 Child's name: Tobie D. Jones Ambrosia L. Jones Address: Same as Mother, above Same as Father. above Place/Date of Birth: Cheyenne, WY: 12-08-89 Cheyenne, WY: 11-27-94 Medical insurance is Plaintiff, Per Original Decree provided by: Insurance company: Pending thru Employment (recently employed) Uninsured amount to be paid by: Split equally B. IT IS FURTHER ORDERED that the withholding of income shall commence as provided below. (NOT APPLICABLE AT THIS TIME - NO SUPPORT BEING PAIDI IF NOT DESIGNATED, INCOME WITHHOLDING SHALL BE EFFECTIVE IMMEDIATELY. 1. Effective upon entry of this Decree or Order; or 2 . Effective upon the filing and service of a voluntary application by Obligor; or 3. Effective upon the filing of a notice of delinquency and subsequent order of this Court, pursuant to the provisions of W.S. Sec. 20-6-201, eq,seq. C. IT IS FURTHER ORDERED that both Parents shall file in writing with the Clerk of this Court, any new address within 15 days after any change of address, and shall file in writing with the Clerk of this Court, the name and address of his or her employer within 15 days after any change of employment. VI Enforcement - A party moving for enforcement referred to in paragraph VII must be prepared to produce admissible evidence in support of the motion. A frivolous motion will result in appropriate censure or sanctions. Either party hereto, and/or the Department of Family Services, has the right to petition to enforce the Orders of this Court pursuant to W.S. 20-2-201 through 204, 20-2-310, & 20-2-311(d). VII Contempt - Wilful violation of any of the terms of this order may be punished as contempt of court. A party may compel another's compliance with an order or decree by -motion to the court, under oath, for an order to show cause why sanctions should not be imposed. Such sanctions may result in a jail term. Failure to allow visitation as ordered may be considered contempt and could also constitute a change of circumstances warranting change of custody. This Supplemental Order for custody, etc., is incorporated into and made part of that Decree or Order to which it is attached and is enforceable to the same extent and in the same manner as said Decree or Order. DATED: srAr, of WYOMING caugrf of LAHAMIE. 35 OHEYENNE s dde, tat ow. the acme hYl larA etd efled r d In JUDGE, FIRST 4bDTICAVC) ISTRI T r<??f+ero,?,?8I8?? icy 4 Exhibit "E" CLERK DIST COURT 07/09/2007 13:46 FAX 3076334277 Law Offices of Bea 7. Ah(strom, Jf. 1615 House Ave., P.O. Box 133 Cheyenne, WY 82003.0133 IN THE DISTRICT COURT FOR THE FIRST JUDICIAL DISTRICT COUNTY OF LARAMIE, STATE OF WYOMING DOC. NO. 148-177 MICHAEL JAMES JONES, Plaintiff/Petitioner, vs, MARLENE KAY JONES. Defendant/Respondent. I LED OCT 2 1 2006 GERRIE E. BISHOP CLERK OF THE DISTRICT COURT 11010 as PETITION FOR ORDER TO SHOW CAUSE WHY RESPONDENT SHOULD NOT BE HELD IN CONTEMPT OF COURT. AND FOR MODIFICATION OF DECREE AS TO CUSTODIALNISITATION RIGHTS, ETC. COMES NOW, the PlaintifflPetitioner, MICHAEL JAMES JONES (hereinafter referred to as "Plaintiff'), by and through his Attorney, Bert T. Ahistrom, Jr., and respectfully Petitions the Court to hold Defend ant/Respondent, MARLENE KAY JONES (hereinafter referred to as "Defendant"), in contempt of Court for failure to comply with the Decree Of Divorce and subsequent Orders entered by and between the parties as to her non-compliance with the custodial/visitation rights established for and on behalf of Plaintiff and the minor children of the parties; and to Modify that said Decree to insure that Plaintiff shall receive his established rights in that regard; and in support of said Petition states and alleges as follows: 1. The Decree Of Divorce and subsequent Orders entered herein, and most recently on February 21, 2006, provides that Plaintiff should have, as a minimum, those visitation rights set forth 'in the Standard Visitation Order of this jurisdiction, to include the right of regular and consistent telephone contact With his children. 2. The Defendant has failed to comply with said Decree and subsequent [*I L. vc?cFiua,i? ijas raiiea to comply with said Decree and subsequent [21 Orders of the Court in this regard for no valid reason, and due only to the intentional and contemptuous behavior of the Defendant., generally; and specifically, but without limitation, as follows, to wit; a. By denying Plaintiff said telephone contact, generally; and, specifically, during the summer of 2006, when he was denied such on a regular and consistent basis, for no valid reason; and, 07/09/2007 13:46 FAX 3076334277 CLERK DIST COURT Q011 b. In promoting disrespect for the Plaintiff by making mean or nasty or derogatory or deprecatory statements to the children about him; and, c. In otherwise interfering with those rights of Plaintiff established in said Decree and subsequent Orders, intentionally, purposely, and without just cause or excuse. 3. Defendant is in absolute and willful contempt of the Decree and Orders of this Court, and should be sanctioned accordingly. 4. The Decree should be modified as to Plaintiff's child custodial rights to ensure that Plaintiff is able to exercise those rights afforded to him concerning contactwith his children, to include a complete change of primary custody to Plaintiff, if necessary to accomplish the same. 5. The Plaintiff is entitled to recover his attorney fees and costs in this matter due to said willful contempt of the Defendant. WHEREFORE, Plaintiff/Petitioner prays the Court grant this Petition; find Defendant/Respondent in contempt and impose sanctions, accordingly, to include but not be limited to any action which would enforce Plaintiff's rights with his children, to include a transfer of custody of the children to Plaintiff, if necessary to, ensure his rights in this regard; address any other issues concerning the children which may be deemed applicable and appropriate; award his attorney fees and costs herein; and grant such other and further relief as may be deemed just and appropriate herein. DATED this 19' day of September, 2006.. MICHAEL JAMES/JC By: ,f NES, Plaintiff/Petitioner Bert T. +strorn-di P.O. Bo 133 ChevennP. WY RonnZ_ni,4,4 P.O. Box 11, Cheyenne, WY 82003-0133 (307) 635-7900 Attorney for Plaintiff/Petitioner L2] Exhibit "F" I SEP•-,19-2007 01:10 PM AHLSTROM.LAW.OFFICE 307 635 7900 P.01 The Lew Offloss of Bert T. Ahlstram, Jr. 1018 House Ave., P.O. Box 133 Cheyenne, WY 92003-0133 IN THE DISTRICT COURT FOR THE FIRST JUDICIAL DISTRICT STATE OF WYOMING, COUNTY OF LARAMIE DOC, NO. 148-177 MICHAEL JAMES JONES, Plaintiff, VS. MARLENE KAY JONES, Defendant. FILED SEP 17 W GERRIE E. BISHOP CLERK OF THE DISTRICT COURT ORDER GRANTING MOTION AND. DISMISSING PETITION THE ABOVE-ENTITLED MATTER, having come on before the Court on the Motion of the Plaintiff, MICHAEL JAMES JONES, by and through his Attorney, E T. Ahlstrom, Jr., to allow Plaintiff to withdraw his pending Petition to hold Defend in contempt of the previous Order(s) of this Court, and to dismiss said Petition, accordingly; AND, good cause having been shown therefor; IT IS ORDERED, ADJUDGED AND DECREED, that the Motion of the Plaintiff should be, and hereby is, Granted; that Plaintiff should be, and hereby is; allowed to withdraw his Petition filed and pending herein; and that said Petition be, and hereby is, dismissed, accordingly. DATED this day of , 2007. Uld 121 Copies To: Bert T. Ahistrom, Jr. CA790/ COMM OF UM ,MIi,1s .?..? T? 77, "v,. ) _•? V t r r? .L 4 ? MICHAEL JAMES JONES IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MARLENE KAY JONES DEFENDANT 2007-5585 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, May 15, 2008 , 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, June 06, 2008 at 9:30 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. Gilroy, Esq. 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 567 `7i -? -, y ?i ? AFFIDAVIT OF SERVICE Common woalth of Pennsylvania County of Cumberland Common Pius Court Case Number: 2001-5585 Plaintiff: Michael James Jones vs. Defendant Marlene Kay Jones For. Lindsay Gingrich Maclay Daley, Zucker, Meilton, Mine( & Gingrich Received by Pennsylvania P e siona P7ocess Svc. to be served on Mariana Parker, 1114 West 6th St., Oki Cheyenne, WY 82007. 1, 1 Q hg2 , being duty sworn, depose and say that on the /D day of . U fl 20 at j,___:jS4Qm., executed service by delivering a true copy of the Lo tar dated May 13, 2000, Petition to Modify Custody; Arden of Court; Lotter dated May 28, 2008 in accordance with state statutes in the manner marked below: () INDIVIDUAL SERVICE: Served the within-named person. SUBSTft"UTE SERVICE: By serving ?O?JPJ fi, as 9 10)jVe / R04M1Yk x i certify that I have no interest in the above action, am of legal age and have proper authority ih the jurisdiction in which this service was made. ac? bdim Subscribed and Sworn to fore me on the , day - ROCESS SERVER s Of OK by the affient who is Appointed in accordance rsons to me, with State Statutes Pennsylvania Professional Process Svc. NO ARY PUBLI JILL N. STEW RT - NOTARY PUBLIC 48 W. High St. COUNTY OF STATE OF 0 P.O. Box 1148 WYOMING LARAMIE Carlisle, PA 17013 My COMMISSION EXPI E I (000) 863-2341 Our Job Serial Number. 2008000366 aavr?M a tes?z ?ooa o., ., s.ryl ma - aeeese s«v.?s Twloot of T TX, A JL }'4 C i M V i .a" MICHAEL JAMES JONES, Plaintiff vs. MARLENE KAY JONES, Defendant JUN 2 4 2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW NO. 2007-5585 IN CUSTODY COURT ORDER AND NOW, this day of 2008, upon consideration of the attached Custody Conciliation Report, it is t ed and directed as follows: 1. A hearing is scheduled in Courtroom No. of the Cumberland County Courthouse on the / 1^day of , 2008, at 1-;Ph M. At this hearing, the Father shall be the moving party and shall proceed initially with testimony. Counsel for the Father and the Mother, or counsel for the Mother if she retains an attorney, shall file with this Court and the opposing party/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 testify 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, the prior Order of Court issued in Wyoming which has been recorded in Cumberland County shall remain in place. 3. In the event Mother retains legal counsel and her attorney feels that another custody conciliation may aid in the resolution of this case prior to the scheduled hearing, legal counsel for the parties may contact the Custody Conciliator to schedule another conciliation conference which may be via a telephone conference between the attorneys and the Conciliator or some other arrangements as agreed upon by the parties and the Conciliator. 5 r ... 4. Mother, Marlene Kay Jones, is hereby directed to immediately provide Father in writing with detailed contact information for her to include her current residence, current mailing address, current home phone number and cell phone number if Mother owns a cell phone. 5. Legal counsel for the Father shall ensure that a copy of this Court Order and the attached Conciliation Report are appropriately served on the Mother in Wyoming. BY ,Judge cc: indsay Gingrich Maclay, Esquire Ms. Marlene Kay Jones I es 00L'? =I-Irl t1 'Y4LJ Y 7 :1 T 1r) -114 MICHAEL JAMES JONES, Plaintiff vs. MARLENE KAY JONES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2007-5585 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the child who is the subject of this litigation is as follows: Ambrosia Lynn Jones, born November 27, 1994 2. A Conciliation Conference was held on June 20, 2008, with the following individuals in attendance: the father, Michael James Jones, with his counsel Lindsay Gingrich Maclay, Esquire; the mother, Marlene Kay Jones, did not appear but an Affidavit of Service was filed indicating that the Mother was served with notice of the Conciliation Conference Father has concerns about Mother's supervision of the minor child when Mother has custody. Mother lives in Wyoming and has about sixty days with the child during the summer. Additionally, Father desires to reduce the amount of time Mother has with the child during the summer because of a variety of issues the child is experiencing while in the control of the Mother. With the Mother not available at the Conciliation Conference and in light of the Father's desire to reduce her time, it is clear that a hearing is required and the Conciliator does not feel comfortable recommending a modification of the Order on that issue. 4. The Conciliator recommends an Order in the form as attached. Date: June 2008 ,%12 X Hubert X. Gilr y, Esquire Custody Co iliator Lindsay Gingrich Maclay, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 l m ac l ay(a) dzmmglaw. c om IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL JAMES JONES, Plaintiff/Petitioner Docket No. 2007-5585 (Civil Term) V. CIVIL ACTION - LAW MARLENE KAY JONES, Defendant/Respondent (In Custody) MOTION TO CONTINUE AND NOW, this f1d day of LA.J< . 2008, comes Plaintiff/Petitioner, Michael James Jones, by and through his attorneys, Daley Zucker Meilton Miner & Gingrich, LLC, and petitions this Honorable Court as follows: 1. Plaintiff/Petitioner, Michael James Jones (hereinafter referred to as "Father"), is an adult individual who currently resides at 46 North Old Stonehouse Road, Carlisle, Cumberland County, Pennsylvania 17015. 2. Defendant/Respondent, Marlene Kay Jones (hereinafter referred to as "Mother"), is an adult individual who currently resides at 1114 West 6"' Street, Cheyenne, Laramie County, Wyoming 82007. 3. Plaintiff/Petitioner requests a continuance of the August 11, 2008 Hearing due to a previously scheduled vacation during the currently scheduled hearing date. Said vacation was scheduled and paid for in March of 2008. 4. Defendant/Respondent does not have counsel of record and therefore we can cannot request concurrence for this continuance pursuant to Cumberland County Rule of Civil Procedure 208.2(d). Defendant/Respondent currently resides in Cheyenne, Wyoming and pursuant to the Conciliator's recommendation, must be served via Process Server to ensure proper service. Due to the anticipated cost of service and the pending request for continuance, Defendant/Respondent has not been served with the current scheduling Order at this time. 5. Plaintiff/Petitioner requests that the continuance be granted without the concurrence of Defendant/Respondent. 6. Pursuant to a conversation with Judge Guido's Chambers on July 2, 2008, The undersigned has been advised that the Hearing being rescheduled to September 29, 2008. WHEREFORE, Plaintiff/Petitioner, Michael J. Jones, through his counsel, respectfully requests that the Court continue the August 11, 2008 Custody Hearing to September 29, 2008. DALEY ZUCKER MEILTON MINER & GINGRICH, LLC By: 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 Attorneys for Plaintiff/Petitioner ATTORNEY VERIFICATION COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF DAUPHIN ) Personally appeared before me, a Notary Public in and for said Commonwealth and County, Lindsay Gingrich Maclay, Esquire, who being duly sworn according to law, deposes and says that she is the attorney for Plaintiff/Petitioner in the within action; that she takes this affidavit on behalf of Plaintiff/Petitioner as the matters are procedural or refer to matters within the knowledge of counsel and that the facts set forth in the foregoing Motion for Continuance are true and correct to the best of her knowledge, information and belief Sworn to and subscribed befo e e t 's 2^? day of , 2008. of y Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL PATRICIA A. PATTON, Notary Public Lower Paxton Up., Dauphin County Commission Expires June 20, 2010 Lindsay Gingrich Maclay, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 lmaclay@dzmmalaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL JAMES JONES, Plaintiff/Petitioner Docket No. 2007-5585 (Civil Term) V. CIVIL ACTION - LAW MARLENE KAY JONES, Defendant/Respondent (In Custody) CERTIFICATE OF SERVICE nd AND NOW, this 2 day of J U,T , 2008, I, Amanda M. Shull, Paralegal, hereby certify that I have this day served a copy of the Motion to Continue, by via US Mail, addressed as follows: Marlene K. Parker 1114 West 6th Street Cheyenne, Wyoming 82007 Additionally, upon receipt of the scheduling Order, the Motion for Continuance along with the scheduling Order will be served, via Process Server, to the above address. DALEY ZUCKER MEILTON MINER & GINGRICH, LLC By: - Amanda M. Shull, Paralegal 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 rv C3* ?f3 C w 33 "'. r gO N •. 3 'JUL Q 9 7 2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL JAMES JONES, Plaintiff/Petitioner Docket No. 2007-5585 (Civil Term) CIVIL ACTION - LAW MARLENE KAY JONES, Defendant/Respondent AND NOW, this 15-7day of (In Custody) ORDER >,---?_, 2008, upon consideration of the V \-j Motion for Continuance filed by counsel for Plaintiff/Petitioner, the Hearing before the Honorable Edward Guido on August 11, 2008 at 1:00 p.m. in Cumberland County Court House, Carlisle, Pennsylvania shall be continued to ?a 2008, at (' ?V o'clock, 1*/p.m. in Court Room No. _ Cumberland County Courthouse, Carlisle, PA. i BY THE C Edward Guido, J. The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disable 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 LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ON, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 CC Lindsay Gingrich Maclay, Esquire, DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive, Harrisburg, Pennsylvania 17109 (Counsel for Plaintiff/Petitioner, Michael James ones) Marlene Kay Jones, 1114 West 6`h Street, Cheyenne, Wyoming 82007 (Defendant/Respondent) C l es rn*a (LL y? s`o? 6 1 :C Ill 5 ! liqr 00oz 31A JO r 4 A,FLWAVIT OF DUE DILIGENCE cc N -0n- mb of Pomm"ree" c4m ty of Cundmwfarrd Comrson Pb" Caun Can Number: 200 .&M Caul DoW 8/14PMN Plaintiff: Ono 0 11 Jarws Jones Vs. nehndent Martew Key Jones For Lindsay ObVich Mody Daisy, ZUdwr, Moftm% Mkw & CahlQ** Recokowd by Pe nwjkania Prooess Sw; do be served on Varier PSAW.1114 tllfeat"a, V" tlbm. I, CA ..ct . being duty ewo - dopme and eery fiat on the A ow of Um Court Order aR dey of et j 3 .,ee.• era°vad w+ics by dsfrwiM a Ina &WMWY AePae! in WA r&PM wih state slobdom in the rwnner marked bekw. ?VINUMDUALSEFt%ACE:SwvodftwMkt-.MI paawn. () SUBS'1 UM SERVICE: By esrvirtp ? (} rmx4,w RVICE: For the r+am m m n detatlsd in tiro Cornmente bellow. I cw* #w I laws no kftmet in the abme s lm am of Iapal ape and haw proper a*w ft in the iudsdk;Uon in whieh this serVICS was rrlads. A i„dy PROCESS SERVER alt Uft is App01n10d in gnm d lr vo StaN Statutes PerrweylreNe ProbsWonel Pro Oew SvC. 48 W. MINk OL PA. sort 1141 @I Ie. pA 17013 Our Job Burial Number 2008000413c?j CwpWOi$ll4 600WWWGnI bs,-rlownSW"ftTOO%MVSf ??JJ Z.d LLCL-ZL4-LL8 Sd-18 WUOCsS 9002 Oi inC ?• ?? 7 C = V w f. _ U Cl . j n , c-n 1 MICHAEL JAMES JONES, Plaintiff/Petitioner V. MARLENE KAY JONES, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-5585 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this 25th day of August, 2008, after hearing, all prior custody orders are vacated and replaced with the following: 1. The parties shall have joint legal custody of Ambrosia Lynn Jones, born November 27, 1994. They shall each be entitled to request all information from medical providers and all information from the appropriate schools. 2. Father shall have primary physical custody of the child. 3. Mother shall have partial physical custody of the child from June 20 through August 20 each summer. The parties shall equally share the cost of transportation to get the child to mother's address in Wyoming. 4. During mother's period of partial physical custody, she shall comply with the following conditions: A. The child is not to be unsupervised under any circumstances whatsoever. While mother is at work, the child shall be with mother's brother and/or sister-in-law or father's parents. B. The child shall not be within 100 yards of mother's father under any circumstances whatsoever. 5. Holiday visitation shall be as agreed upon by the parties. 6. Father shall send copies of all report cards and school pictures to mother within 10 days after receipt. 7. During the periods that the child is in father's primary physical custody, she shall talk to mother by telephone at least one time per week. Mother to institute the phone calls one week, and father to institute the phone calls the other week. Furthermore, this same proviso shall apply in reverse when the child is in the primary physical custody of mother. Father and mother are further directed to e-mail each other at least one time per week regarding their daughter. Copies of these e-mails shall be retained and presented to this Court during any future hearings. The party with primary physical custody of the child shall institute the e-mail, and the other party shall respond. 8. Mother shall cooperate in the child's counseling as requested by the counselor. 9. Each party shall provide the other all current addresses, phone numbers, and e-mail addresses and update the other party within 48 hours of any change. 10. The child may also have up to 15 minutes per day of internet contact with the non-custodial parent. 11. This Court shall retain jurisdiction. ./Lindsay Gingrich Maclay, For the Plaintiff/] Petitii /larlene Kay Jones P.O. Box 21255 Cheyenne, Wyoming 82003 srs By the Court, 0 0 : h Wd 92 00V OQOZ MICHAEL JAMES JONES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. MARLENE KAY JONES NO. 2007 - 5585 CIVIL TERM PARKER CIVIL ACTION -CUSTODY ORDER OF COURT AND NOW, this 12RI day of JANUARY, 2009, we will treat the attached letter as a petition for modification/contempt. The Court Administrator is directed to refer this matter to the conciliator for a conference. Lindsay Gingrich Maclay, Esquire 1029 Scenery Drive /Harrisburg, Pa. 17109 Mr. Michael Jones 46 North Old Stonehouse Road Carlisle, Pa. 17013 Marlene Jones Parker 1114 West 6TH Street Cheyenne, Wyoming 82007 Court Administrator Lacrdr t bps. :sld 1/12?a4 ?o?6FS M.a tLC, By ourt, Edward E. Guido, J. ?+ • ?i w I iii a Untitled Dear Judge Guido My name is Marlene Parker Maybe you remember me if not i had a phone hearing Doc 2007-5585. Jones Verses Jones. Your clerk informed me that i needed to have councel in the state PA. Unfortunately for me to hire an attorney in Pa would cost me over ten thousand dollars. Respectfully your honor if i had ten thousand dollars i would go to PA to see my daughter. And not expect Mr. Jones to cover the return flight for the christmas holiday. All I'm asking for is what's fair. I've spoken to attorneys here and they can't help me due to the jurisdiction. I've called private attorneys and legal aid in PA and they say they can't help me without lots of money. I feel as though my hands are tied and my daughter is the one that suffers from it. That is the only reason that i want to persue the contempt. Any help from you would be greatly appreciated. Sincerly Marlene Parker 1114 West 6th Street Cheyenne, Wy 82007 (307) 421-4849 Page 1 f ? MICHAEL JAMES JONES IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MARLENE KAY JONES PARKER DEFENDANT 2007-5585 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, January 16, 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, February 13, 2009 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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 q. 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 vl ?- Off: / X50.0?"/ AIN, 81:z Wd OZ NVr 60OZ At??!(jf:;: _u 3H1 3O 111'.0 y..' MICHAEL JAMES JONES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. MARLENE KAY JONES PARKER NO. 2007 - 5585 CIVIL TERM CIVIL ACTION - CUSTODY ORDER OF COURT AND NOW, this 121H- day of JANUARY, 2009, we will treat the attached fetter as a petition for modification/contempt. The Court Administrator is directed to refer this matter to the conciliator for a conference. By t Court, Edward E. Guido, J. Lindsay Gingrich Maclay, Esquire 1029 Scenery Drive Harrisburg, Pa. 17109 Mr. Michael Jones 46 North Old Stonehouse Road Carlisle, Pa. 17013 Marlene Jones Parker 1114 West 6TH Street Cheyenne, Wyoming 82007 Court Administrator S 1 :11 wv 2 I Nvr fioaz AdVION6HJ- r+dd 3H3 3f3 30 ?4G-CMLI Lindsay Gingrich Maclay, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 6574795 lmaciayPa dzmmglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL JAMES JONES, Plaintiff Docket No. 2007-5585 (Civil Term) V. CIVIL ACTION - LAW MARLENE KAY JONES, Defendant (In Custody) PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Kindly withdraw the appearance of Daley Zucker Meilton ? Miner & Gingrich, LLC and Lindsay Gingrich Maclay, Esquire, on behalf of the Plaintiff,. Michael James Jones, in the above- captioned matter. DALEY ZUCKER MEILTON MINER & GINGRICH, LLC Date: 009 By: L' ay Gin I acli4y, E'squirP #f? 1029 Scenery Drive, Harrisburg, PA 17109 (717) 657-4795 PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance pro se in the above-captioned matter. Date: A60 u? I is ael James Jo 46 N. Old Stonehouse Road Carlisle, PA 17013 C7 r`' mercy c.. rz-t -r 1rt FEB T 8 2o4 MICHAEL JAMES JONES, Plaintiff VS. MARLENE KAY JONES, Defendant PRIOR JUDGE: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-5585 IN CUSTODY COURT ORDER AND NOW, this 0 day of February, 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. This Court's prior Order of August 25, 2008, shall remain in effect subject to the following modifications: A. For exchange of custody over the summer months, the parties shall equally pay the costs of the plane fare for flying the child from Pennsylvania to Wyoming and from Wyoming back to Pennsylvania. Each summer, the father shall purchase a round trip ticket in advance for the trip for the minor child to visit the mother. Father shall provide the mother in writing with written verification of the purchase of the tickets and the amount of the tickets. Mother shall reimburse father 50% of the costs of those tickets within 20 days of receiving verification of the purchase of the tickets and the purchase price. B. Mother shall have custody of the minor child over the Christmas Holiday for 2009. Unless agreed otherwise by the parties, the minor child shall take a plane from Pennsylvania to Wyoming on Saturday, December 26, and return on Saturday, January 2, 2010. Mother shall purchase the plane tickets for travel over the Christmas Holiday and provide father with verification of that purchase and the amount of the tickets. Father shall within twenty days of receiving notification of the purchase of the tickets reimburse mother 50% of the costs. C. The parties may modify or alter the terms of the Custody Order if the parties agree. If the parties do not agree, the terms set forth above and as set forth in the August 29, 2008 Custody Order shall be followed. BY THE COURT, cc: '' r. Michael James Jones /Ms. Marlene Kay Jones Parker 1:6?t•ES .v%aLLQ ., Judge Edward E. Gudio 61 :11 OZ 83J 69OZ MICHAEL JAMES JONES, Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MARLENE KAY JONESPARKER, Defendant PRIOR JUDGE: Edward E. Guido NO. 2007-5585 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF 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: Ambrosia Lynn Jones, born November 27, 1994 2. A Conciliation Conference was held on February 13, 2009, with the following individuals in attendance: The father, Michael James Jones, and the mother, Marlene Kay Jones Parker who appeared via telephone. 3. The mother has filed a Petition for Contempt/Modification in the nature of a letter she wrote to Judge Guido and which was referred to the Custody Conciliator for a Conference. The primary issue is that the mother was unable to see the minor child for Christmas of 2008 and is seeking some security with respect to that future holiday. There has also been some dispute between the parties with respect to paying for transportation of the minor child for exchange of visitation. 4. Based upon the discussions between the parties and the Conciliator, the Conciliator recommends an Order in the form as attached. Date: February j , 2009 Hubert X. Gilroy, E: Custody Conciliator MCHAEL JAMES JONES : IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner .R,NIYLYANIA : CUMBERLAND COUNTY, R V. NO.: 07-5585 M w m C= +.- r-- MARLENE KAY JONES Aka Marlene Kay Parker CIVIL ACTION - LAW r- L; Defendant/Respondent PETITION FOR MODIFICATION OF EXISTING CUSTODY bRDER': 1. The Plaintiff is Michael Jones, hereinafter referred to as "Father", who currently resides at 46 North Old Stone House Road, Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is Marlene Jones, aka Marlene' Kay Parker, hereinafter referred to as "Mother", whose currently resides at 203 East Third Street, Cheyenne Wyoming 82007. 3. The parties are the natural parents of Ambrosia Lynn Jones, age sixteen, whose date of birth is November 27, 1994. 4. The current custody arrangement was entered as an Order on August 25, 2008 by this Honorable Court. 5. The August 25, 2008 Order provides that Father shall have primary physical custody of the minor child with Mother have a period of physical custody from June 20th to August 20th each summer. A copy of the Order is attached hereto as Exhibit "A". 6. Due to recent changes, the current Order is no longer in the minor child's best interest. 7. It would be in the minor child's best interest for the Father to have primary physical custody of the minor child with Mother having a shorter period of physical custody of the child during her summer vacation. O-yv+ ?7D.?? pd pl y Cb?sh V- C) Father is concerned for the safety and well being of the child being left unsupervised during her custodial periods with Mother. 9. In previous periods of custody with the Mother the minor child was left unsupervised for extended periods of time. 10. Minor child is in the process of obtaining employment for the summer. 11. Employers are hesitant to hire minor child due to the two month absence over the summer months. 12. The minor child has expressed her desire to remain in Pennsylvania for her summer vacation. WHEREFORE, Plaintiff, Michael Jones, requests this Honorable Court reduce Mother's period of physical custody. Respectfully Submitted, 515? Michael Jones, nt' f VERIFICATION I, Michael Jones, verify that the statements made in the foregoing Petition for Contempt are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. C 7.626 il _ Date Michael Jones MICHAEL JAMES JONES, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-5585 CIVIL TERM MARLENE KAY JONES,. Defendant/Respondent IN CUSTODY ORDER OF COURT AND NOW, this 25th day of August, 2008, after hearing, all prior custody orders are vacated and replaced with the following: 1. The parties shall have joint legal custody of Ambrosia Lynn Jones, born November 27, 1994. They shall each be entitled to request all information from medical providers and all information from the appropriate schools. 2. Father shall have primary physical custody of the child. 3. Mother shall have partial physical custody of the child from June 20 through August 20 each summer. The parties shall equally share the cost of transportation to get the child to mother's address in Wyoming. 4. During mother's period of partial physical custody, she shall comply with the following conditions: A. The child is not to be unsupervised under any circumstances whatsoever. While mother is at work, the child shall be with mother's brother and/or sister-in-law or father's parents. B. The child shall not be within 100 yards of mother's father under any circumstances whatsoever. 5. Holiday visitation shall be as agreed upon by the parties. 6. Father shall send copies of all report cards and school pictures to mother within 10 days after receipt. 7. During the periods that the child is in father's primary physical custody, she shall talk to mother by telephone at least one time per week. Mother to institute the phone calls one week, and father to institute the phone calls the other week. Furthermore, this same proviso shall apply in reverse when the child is in the primary physical custody of mother. Father and mother are further directed to e-mail each other at least one time per week regarding their daughter. Copies of these e-mails shall be retained and presented to this Court during any future hearings. The party with primary physical custody of the child shall institute the e-mail, and the other party shall respond. 8. Mother shall cooperate in the child's counseling as requested by the counselor. 9. Each party shall provide the other all current addresses, phone numbers, and e-mail addresses and update the other party within 48 hours of any change. 10. The child may also have up to 15 minutes per day of internet contact with the non-custodial parent. 11. This Court shall retain jurisdiction. Lin Gingrich Maclay, Esquire For the Plaintiff/]Petitioner Marlene Kay Jones P.O. Box 21255 Cheyenne, Wyoming 82003 TRUE COPY FROM RECORD M Testimony whe'reof, i tl;-q-d uoto set my !mod and ty'l seal of said ?ourtAkarlisle, Pa. r srs By the Court, MCHAEL JAMES JONES Plaintiff/Petitioner V. MARLENE KAY JONES Aka Marlene Kay Parker Defendant/Respondent : 111 THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO.: 07-5585 CIVIL ACTION -LAW CERTIFICATE OF SERVICE I, Michael Jones, do hereby certify that the Petition for Modification in the above-captioned action has been duly served by United States First Class Mail addressed as follows: Marlene Jones 203 East Third Street Cheyenne Wyoming 82007 Date: (0 - /7 , 2011 Michael Jones MICHAEL JAM JONES PL SNTIFF V. MARLENE KAY JONES A/K/A MARLENE KAY PARKER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2007-5585 CIVIL ACTION LAW IN CUSTODY C7 C -,ry3 rnw Zrn cnr" -.G D r A ? I> ? na 0 C_ c r- t C.n A rt --t rni= -um ;;Dc:) CD , ?O ? T C3,C) ORDER OF COURT AND NOW, Friday, July 01, 2011 _, upon consideration of the attached Complaint, it is hereby directed t at parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor-, Cu _ berland County Courthouse, Carlisle on _ Thursday, August 04, 2011 _ at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to ap ar at the conference may provide grounds for entry of a temporary or permanent order. The court h Special Relief by directs the parties to furnish any and all existing Protection from Abuse orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Glgro Es q. 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 a least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOL 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 V/6911 Cq2j 74 Telephone (717) 249-3166 may !ed °?P o , (Pd f'• ?r0y P? ? ? -7/,r-111 IMP, 3 MICHAEL JAMES JONES, Plaintiff vs. MARLENE KAY JONES, A/K/A MARLENE KAY PARKER, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSRLV7t.N IA CIVIL ACTION - LAW M X. ;r M =;j NO. 2007-5585 IN CUSTODY Y `? COURT ORDER AND NOW, this day of August, 2011, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. Father's Petition for Modification of the Existing Custody Order is dismissed. 2. In the event Father desires to have this case again brought before the. Court, Father shall file a second Petition for Modification of the Existing Custody Order. Once an Order is issued on that Petition scheduling a custody conciliation conference, Father shall formally serve the Mother with a copy of the Order scheduling the custody conciliation conference and shall provide proof of said service at the conciliation conference. In the event Mother has an issue with the apparent failure of the Father to abide by the existing custody Order in that the minor child has not been visiting the Mother this past summer, the Mother may file the appropriate petition with the Court to bring that issue before the Court through a custody conciliation. W T: Edward E. Guido, Judge cc: Mr. Michael James Jones C00 e814"O11 Ms. Marlene K ay Jones, a/k/a Marlene Kay Parker l r MICHAEL JAMES JONES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW Vs. MARLENE KAY JONES, A/K/A NO. 2007-5585 MARLENE KAY PARKER, CUSTODY Defendant Prior Judge: The Honorable Edward E. Guido CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLCNDor sCOUNTY ubmit the following report•IL PROCEDURE 1915.3-8(b), the undersigned Custody Con 1. This case comes before the Conciliator on the Father's Petition For Modification of Existing Custody Order which was entered on August 25, 2008. Father appeared at the conciliation pro se. Mother did not appear. However, Father did not have any proof that Mother was actually served with notice of the conciliation conference, nor had Father had any communications with the Mother whereby he could indicate that the Mother acknowledged that she was aware of the conciliation conference. 2. The Conciliator notes that the existing Order gives Father primary custody of the minor child during the school year with the Mother to have custody from June 20 to August 20 each summer. The reality is the Father did not send the child to Wyoming this year because the child, who is currently 16 years old, indicated she did not want to go to Wyoming. The Mother has not filed any motion in connection with this issue. 3. Based upon the lack of service on the Mother and the circumstances as outlined above, the Conciliator recommends an Order in the form as attached. Date: August 9 2011 Hubert X. - roy, Esquire Custody Conciliator