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HomeMy WebLinkAbout08-0524JAMES N. NEGLEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2008- 5-d.7 CIVIL TERM JULIENNE M. NEGLEY, Defendant IN CUSTODY COMPLAINT FOR CUSTODY r AND NOW, this 33 day of Junucu,- 2008, comes JAMES N. NEGLEY, by his attorneys, Irwin & McKnight, and presents the following Complaint for Custody. 1. The Plaintiff is JAMES N. NEGLEY, an adult individual residing at 219 Montour Road, Landisburg, Perry County, Pennsylvania 17040. 2. The Defendant is JULIENNE M. NEGLEY, an adult individual residing at 405 North Baltimore Avenue, Apt 3, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. 3. The parties are the natural parents of two minor children, namely Madison R. Negley, born May 30, 2004, age 3 years, and Rebeckah L. Negley, born August 3, 2005, age 2 years. 4. Plaintiff knows of no other person who has a right to custody or partial custody of the child. 5. Plaintiff desires primary physical custody of the minor children and primary legal custody with periods of visitation to Defendant as can be mutually arranged between the parties. 6. Plaintiff is requesting that the minor children remain in the marital home until the Custody Conciliation Conference has been held. 7. The best interest of the minor child requires that the court grant the Plaintiff's request as set forth above. WHEREFORE, Plaintiff respectfully seeks the entry of an Order of Court seeking primary physical custody of the minor child and primary legal custody with periods of visitation to Defendant as can be mutually arranged between the parties. Respectfully submitted, IRWIN & McKNIGHT By: Matthew A. c 'ght, Esquire Attorney for Plaintiff, James N. Negley 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Supreme Court I. D. No. 93010 Date: a 310k VERIFICATION The foregoing document is based upon information which has been gathered by our counsel and ourselves in the preparation of this action. We have read the statements made in this document and they are true and correct to the best of our knowledge, information and belief. We understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. JAMES N. NE G. Date: January 23, 2008 CERTIFICATE OF SERVICE I, the undersigned hereby certify that on this 23'd day of January, 2008, a copy of the Complaint for Custody was served by first-class, postage prepaid United States mail in Carlisle, Pennsylvania upon the following: Julienne M. Negley 405 North Baltimore Avenue, Apt 3 Mt. Holly Springs, PA 17065 IRWIN & McKNIGHT Matthew A. McKnight, Esquire Supreme Court I.D. No: 93010 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Attorney for James N. Negley T _NC f) 7 JAMES N. NEGLEY, Petitioner V. JULIENNE M. NEGLEY, Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2008-00524 CIVIL TERM IN CUSTODY CUSTODY STIPULATION AND AGREEMENT THIS AGREEMENT AND STIPULATION entered into the day and year hereinafter set forth, by and between JAMES N. NEGLEY (hereinafter referred to as "Father") and JULIENNE M. NEGLEY (hereinafter referred to as "Mother"). WHEREAS the parties are the natural parents of Madison R. Negley, born May 30, 2004, and Rebeckah L. Negley, born August 3, 2005, (hereinafter referred to as "children"); and, WHEREAS, the parties are presently separated and living in separate residences; and, WHEREAS, the parties wish to enter into an agreement relative to the custody and partial custody of the children. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, and intending to be legally bound hereby, the parties agree as follows: 2 1. Father and Mother shall have shared legal custody of the children. 2. Father shall have primary physical custody of the children, Mother to enjoy periods of partial physical custody. 3. Father shall have primary physical custody of the minor children except the following times at which Mother shall enjoy partial physical custody of the minor children: a. Tuesday from 4:00 p.m. ending Wednesday at 7:00 a.m. b. Thursday from 4:00 p.m. ending Friday at 7:00 a.m.; and c. Every other weekend from Saturday 7:00 a.m. ending Sunday at 6:00 p.m. 4. In the event that Father is unable to exercise the periods of primary custody as set forth in the previous paragraph, then Mother will be given the opportunity to exercise partial custody of the children until such time as Father is able to resume his custody schedule. In the event that Mother is unable to exercise the periods of partial custody as set forth in the previous paragraph, then Father will be given the opportunity to exercise custody of the children until such time as Mother is able to resume her custody schedule. 5. Tuesday through Friday, Mother shall be responsible for providing transportation of the children by picking up the children from Father on Tuesdays and Thursdays 2 and returning the children to Father on Wednesdays and Fridays. On every other weekend, transportation shall be provided by the party with physical custody of the children to the other party. The parties shall decide transportation and custodial exchanges with a purpose of acting in the children's best interest. 6. The parties shall have an extended period of physical custody during their vacation period. Each party shall provide the other with at least two week notice prior to periods of vacation. 7. Father shall have primary physical custody of the children on Father's Day. Mother shall have partial physical custody of the children on Mother's Day. 8. The parties shall share partial physical custody of the children on the children's birthdays. 9. The parties shall share partial physical custody of the children on Easter Sunday. 10. The parties shall alternate physical custody of the children during their Holiday periods. For the purpose of this paragraph, the following Holidays shall be considered major Holidays and subject to the terms of this paragraph: Martin Luther King Day, President's Day, Good Friday, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day. Holiday Schedule shall 3 commence on Memorial Day of 2008 with Mother having physical custody of the children on Memorial Day and the parties alternating holidays thereafter. 11. The parties shall alternate physical custody during the Christmas Holiday Period by the terms of the following schedule set forth in this paragraph. For purposes of this paragraph Christmas Holiday Period shall be defined as: Christmas Eve Day, Christmas Day, New Year's Eve Day and New Year's Day: a. On even numbered years (2008 and thereafter), Mother shall have physical custody of the children from Christmas Eve Day at 8:00 p.m. to Christmas Day at 3:00 p.m. Father shall have physical custody of the children on Christmas Eve Day until 8:00 p.m. and on Christmas Day from 3:00 p.m. until the following morning. b. On odd numbered years (2009 and thereafter), Father shall have physical custody of the children from Christmas Eve Day at 8:00 p.m. to Christmas Day at 3:00 p.m. Mother shall have physical custody of the children on Christmas Eve Day until 8:00 p.m. and on Christmas Day from 3:00 p.m. until the following morning. c. The parties agree that they will share physical custody of the children on New Year's Eve Day and New Year's Day. Mother shall have physical custody of the children on New Year's Eve Day after 8:00 p.m. to New Year's Day at 3:00 p.m. commencing in 2008 and continuing thereafter during the odd numbered years. Father shall have physical custody of the children on New 4 Year's Eve Day after 8:00 p.m. to New Years Day at 3:00 p.m. commencing in 2008 and continuing thereafter during the even numbered years. 12. In the event that the Holiday schedule conflicts with the regular custody schedule, the Holiday schedule shall supersede the regular custody schedule. 13. Mother shall have additional periods of partial custody of the children at such times as the parties may from time to time agree. 14. The parties will keep each other advised immediately relative to any emergencies concerning the children and shall further take any necessary steps to ensure that the health and well being of the children is protected. Any major decisions regarding medical treatment, education, religion, extra curricular activities will be made by both parties equally after discussion and consultation. 15. In the event that either parry shall require the use of a babysitter during their period of partial custody, the other parry shall be given an opportunity to exercise physical custody during that time period. 16. Neither parent shall do anything which may estrange the children from the other parry, or injure the opinion of the children as to the other party or which may hamper the development of the children's love or affection for the other party, 5 which includes but not limited to comments made regarding the other parent in the presence of the children by third parties. IT The parties agree to use appropriate language and conduct when in the presence of the minor children. 18. The parties shall be able to modify this agreement from time to time with a view towards the children's best interest. In the event that the parties do not agree to a change in times of partial custody the terms of this Stipulation and Agreement shall control. 19. The parties desire that this Stipulation and Agreement be made an Order of Court to the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody and the parties' minor children and shall retain jurisdiction should circumstances change and either party desire or require modification of said Order. 20. The parties agree that in making this Agreement, that there has been no fraud, concealment, overreaching, coercion or other unfair dealing on the part of the other. 6 21. The parties acknowledge that they have read and understand the provisions of this Agreement. 22. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. 23. Each party has been advised of his or her right to consult with counsel prior to signing this Agreement. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms hereof set their hands and seal the day and year written below: WITNESS: n Z_/zL- C ? 4 (SEAL) Name of witness: JAMES N. NEG EY I/ DATE:- DATE:- " 15-. 0 9 Name of witness. DATE: /- / -9 r- " k, (SEAL) JULIENNE M. NE LE DATE: I -) 5 - C 7 _ ? ; Fri - r ---{ C9 . "7°t J `.? ?, .?._) ??, JAMES N. NEGLEY IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. JULIENNE M. NEGLEY DEFENDANT 2008-0524 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, January 25, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, February 26, 2008 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/ ac ueline M. Verne 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 /W? 4ve xa.,Srl r r ?Ijl 1 ?j s'.1 Ly {L?t?l J, i J JAN 2 8 200841 JAMES N. NEGLEY, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2008-00524 CIVIL TERM JULIENNE M. NEGLEY, Respondent IN CUSTODY ORDER OF COURT AND NOW, this ?0 " day of !?w 2008, upon presentation and consideration of the attached stipulation and agreement of the parties, it is hereby ordered and decreed that the attached agreement is made an Order of Court. BY THE COURT J. 9z .t wd of of 1+bVlgNog 13141 JAMES N. NEGLEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-524 CIVIL ACTION - LAW JULIENNE M. NEGLEY, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 4th day of February, 2008, the parties having reached a stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, acq ine M. Verney, Esquire, Custody ciliator 4 8pp9? VINVAIASWd S Z :g WV S- 83A $OOZ A8Vi ,NUHI0dd 3HI JCS 3011:1-10-031H IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES N. NEGLEY, Plaintiff/Respondent JULIENNE M. NEGLEY, Defendant/Petitioner CIVIL ACTION - LAW IN CUSTODY No. 2008-00524 PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS AND NOW this 1 114b day of November 2008, comes Petitioner, Julienne M. Negley, and represents as follows: Petitioner, Julienne M. Negley, is an adult individual sui juris, who resides at 109 Peach Lane, Carlisle, Cumberland County, Pennsylvania. 2. Petitioner is filing a Petition for Civil Contempt for Disobedience of Custody Order and Petition for Modification of Custody Order and due to financial circumstances is unable to pay any of the costs or expenses of same. See Petitioner's Financial Affidavit attached hereto as Exhibit «A„ WHEREFORE Petitioner requests that an Order be entered granting leave to proceed in this matter in forma pauperis without the payment of costs. Respectfully submitted, dLq-- IU4t UA lienne M. Neg y 109 Peach Lane Carlisle, Pennsylvania 17015 Defendant/Petitioner F WU Folde \Fitm Docs\Chwts Files\4232-1 Julienne NeglgVn.fmme.pauMi-pd Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES N. NEGLEY, Plaintiff/Respondent : CIVIL ACTION - LAW : IN CUSTODY JULIENNE M. NEGLEY, : No. 2008-00524 Defendant/Petitioner AFFIDAVIT 1. I am the Plaintiff in the above matter and because ofmy financial condition am unable to pay the fees and costs of prosecuting or defending the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct: (a) Name: Julienne M. Negley Address: 109 Peach Lane, Carlisle, PA 17015 Social Security Number: 188-64-0909 (b) Employment If you are presently employed, state Employer: Carolina Supply Chain Services Address: 100 Louis Parkway Carlisle, PA 17015 Salary or wages per month: $678.00 Type of work: Auditor If you are presently unemployed, state Date of last employment: F: k0- Folde \Fi- Duce\Q-1, Fil-X4232-1 JWienne Neglrylin.forma.paupms xpd Salary or wages per month: Type of work: (c) Other income within the past twelve months Business or profession: Other self-employment: Interest: Dividends: Pension and annuities: Social security benefits: Support Payments: Disability payments: Unemployment compensation and supplemental Benefits: Workman's Compensation: Welfare ($238.00 for one month when off work for a hysterectomy in March of 2008) Other: (d) Other contributions to household support (Wife)(Husband) Name: If your (wife)(husband) is employed, state Employer: Salary or wages per month: Type of work: Contributions from children: F:\Uw Folde Firm DocslClimt Filcek232-1 Jul,- NeFjcyvn.f-a.P-Mis-1A Contributions from parents: Other contributions: (e) Property Owned Cash: Checking account: $14.00 Savings account: Certificates of deposit: Real estate (including home): Present value Amount Owed Motor Vehicle: Make: 1999 Pontiac Grand Prix Cost $5,000.00, Amount Owed: n/a Stocks; bonds: Other: (fl Debt and obligations Mortgage: Rent: Loans: Electric $52.00 Oil/Gas/Heat Food $100.00 Child Support $453.04 Transportation $160.00 Insurance $71.00 Telephone $62.00 Cable Clothing $25.00 Child Care Medical Expenses Credit Card Payments $44.00 Other: $124,900.00 $124,900.00 FAU- FnldaT- D-\Ch-liRks14232-1 Julienne NeglryGnfama.paupaie.wpd (g) Persons dependent upon you for support (Wife)(Husband) Name: Children, if any: Name: Madison R. Negley Rebeckah L. Negley Other persons: Name: Relationship: 4. I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. I verify that the statements made in this affidavit are true and correct. 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: 1( ' 19 - ?Cob lienne M. Negley COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. On this, the day of November 2008, before me, the undersigned officer, personally appeared, Julienne M. Negley, known to me or satisfactorily proven to be the person whose names is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA NOW" Sep SEAL) Dolly M. Hc>ake twy, Notary Public Middlesex Two., Cumberland Cw* W C nn*, lcar? Fires Sept 24.2010 Member, Pennsyivaniu Association of Notaries F User Fold«IF,-D-.\Chme F.I.W232-1 Julirnne Negley?an.forma.p..M.s ,pd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES N. NEGLEY, Plaintiff/Respondent CIVIL ACTION - LAW IN CUSTODY JULIENNE M. NEGLEY, Defendant/Petitioner No. 2008-00524 CERTIFICATE OF SERVICE AND NOW, this day of November 2008, I, Julienne M. Negley, hereby certify that I have this day served the following with a copy of the foregoing Petition by first class, United States Mail, postage pre-paid, addressed as follows: Matthew A. McKnight, III, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, Pennsylvania Attorney for Respondent and by U.S. Regular and Certified, Restricted Delivery, Return Receipt Requested Mail addressed as follows: James N. Negley 219 Montour Road Landisburg, Pennsylvania 17040 Respondent Respectfully submitted, 4Julienne M. Neg y, o Se 109 Peach Lane Carlisle, Pennsylvania 17015 Defendant/Petitioner F. W- Fold,r F_ Doc CIi_Fil--232-1l-h-Nglq\in.fo .P-p-upd f-.v ?.? ...? a r:. rca r'^? '?1'A r,,J .. ?._: w o ORDER AND NOW, this ?day of , 200 upon consideration of the within Petition and Exhibit, the Court being satisfied of the truth of the averments therein, and the Court further being satisfied that Petition r is unable to pay any of the costs of these proceedings, it is therefore Ordered and Decreed that t e Petitioner may, pursuant to Pa. R.C.P. 1920.62, proceed with a custody action in forma pauperis 'thout payment of costs. Petitioner shall promptly notify the Court of any material change in income or financial condition during the pendency of this action. IN THE OURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES N. NEGLEY, Plaintiff/Respondent CIVIL ACTION - LAW IN CUSTODY JULIENNE M. NEGLEY, No. 2008-00524 Defendant/Petitioner FAU= Foldm\F= Daa Mients Files14232-1 Julienne Negleytin.fotms.peupens.wpd t=lL --r cp TH, ZOO JAN -7 PH 12: //7/0 f - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES N. NEGLEY, Plaintiff/Respondent CIVIL ACTION - LAW IN CUSTODY JULIENNE M. NEGLEY, No. 2008-00524 Defendant/Petitioner PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF CUSTODY ORDER AND MODIFICATION OF CUSTODY ORDER ac AND NOW, this 11s, day ofv 20 comes Defendant/Petitioner, Julienne M. Negley, and files the following Petition for Civil Contempt for Disobedience of Custody Order and Modification of Custody Order and in support thereof avers as follows: 1. Petitioner, Julienne M. Negley, an adult individual residing at 109 Peach Lane, Carlisle, Cumberland County, Pennsylvania, 17015, is the natural mother of the minor children, Madison R. Negley, ("Madison") born May 30, 2004 and Rebeckah L. Negley, ("Rebeckah") born August 3, 2005. 2. Respondent, James N. Negley, an adult individual residing at 219 Montour Road, Landisburg, Perry County, Pennsylvania, 17040, is the natural father of the minor children. 3. On January 30, 2008, The Honorable Kevin A. Hess, entered an Order of Court regarding custody of the Madison and Rebeckah. A true and correct copy of the January 30, 2008, Order is attached to this Petition as Exhibit "A". 4. Respondent has violated the January 30, 2008 Order by failing to comply with the provisions of the Order. 5. Paragraph 16 of the Order provides: "Neither parent shall do anything which may estrange the children from the other party, or injure the opinion of the children as to the other party or which may hamper the development of the children's love or affection for the other party, which includes but not limited to comments made regarding the other parent in the presence of the children by third parties." 6. Respondent has refused or failed to comply with this provision by talking about Petitioner in front of Madison and Rebeckah and telling them that Petitioner walked out on them and that she does not care about them. 7. Paragraph 17 of the Order provides: "The parties agree to use appropriate language and conduct when in the presence of the minor children." Respondent has refused or failed to comply with this provision by using vulgar language in front of Madison and Rebeckah. On October 24, 2008, Petitioner picked up the children at Respondent's residence for her period of partial custody. Respondent threatened to shoot Petitioner for breaking and entering, and used the' f' word in front of Madison. 9. Petitioner requests that the allegations of this Petition be addressed at a custody conciliation before the Court as soon as the Court's schedule will allow. 10. Madison and Rebeckah were not born out of wedlock. Madison and Rebeckah are presently in the primary physical custody of the Respondent. In addition to Petitioner's and Respondent's present addresses, during the past five years Madison and Rebeckah have resided with the following persons and at the following addresses: a. From May 30, 2004 to June 2007 at 195 Horseshoe Road, Carlisle, Pennsylvania with the parties; b. From June 2007 to present with Respondent at his current address. The mother of Madison and Rebeckah is the Petitioner, Julienne M. Negley, who resides at 109 Peach Lane, Carlisle, Pennsylvania. The father of Madison and Rebeckah is the Respondent, James N. Negley, who resides at 219 Montour Road, Landisburg, Pennsylvania. 11. The relationship of Petitioner to Madison and Rebeckah is that of mother. She is married to the Respondent. Petitioner filed a Complaint in Divorce in Potter County, Pennsylvania on June 13, 2008. Petitioner currently resides with her mother, Janet Zipfel, her stepfather, James Zipfel, and her brother, Max Zipfel. 12. The relationship of the Respondent to Madison and Rebeckah is that of father. He is married to the Petitioner. It is unknown if Respondent currently resides with anyone other than Madison and Rebeckah. 13. Petitioner has previously participated in litigation concerning custody of Madison and Rebeckah in this Court at the above-referenced docket. An Order of Court was entered on January 30, 2008. Said Order is cited in Paragraph 3 above and is attached hereto as Exhibit "A" and by reference incorporated herein. A Complaint in Divorce has been filed by Petitioner in Potter County, Pennsylvania at Docket No. 2008-3304. The Petitioner does not know of a person not a party to the proceedings who has physical custody of Madison and Rebeckah or claims to have custody or visitation rights with respect to them. 14. Petitioner requests the following changes be made to the January 30, 2008 Custody Order: a) Petitioner requests primary physical custody of Madison and Rebeckah; and b) Petitioner requests that Respondent have periods of visitation with Madison and Rebeckah as follows: 1) Every other weekend; 2) Every Wednesday overnight; and 3) Such other times as the parties can mutually agree upon. 15. Each parent whose parental rights to Madison and Rebeckah have not been terminated and the person who has physical custody of Madison and Rebeckah have been named as parties to this action. There are no other persons who are known to have or claim a right to custody or visitation of Madison and Rebeckah. 16. The best interests and permanent welfare of Madison and Rebeckah will be met if the custody order is modified as requested because: a) The Petitioner is a fit parent who can take care of Madison and Rebeckah; b) The Petitioner can provide Madison and Rebeckah with a home with adequate moral, emotional and physical surroundings as required to meet their needs; C) The Petitioner is, and has always been, willing to accept custody of Madison and Rebeckah; d) The Petitioner continues to exercise parental duties and responsibilities and enjoys the love and affection of Madison and Rebeckah. 17. Respondent is represented by Matthew A. McKnight, III, Esquire in this matter. A copy of this Petition was sent to Attorney McKnight at Irwin & McKnight, 60 West Pomfret Street, Carlisle, Pennsylvania 17013. WHEREFORE, Petitioner requests that Respondent be held in contempt of court and that the Court Order of January 30, 2008, be modified as requested. Respectfully submitted, 'M . llj? Julienne M. Negley, Pro 109 Peach Lane Carlisle, Pennsylvania 17015 Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES N. NEGLEY, : Plaintiff/Respondent JULIENNE M. NEGLEY, Defendant/Petitioner CIVIL ACTION - LAW IN CUSTODY No. 2008-00524 VERIFICATION I VERIFY that the statements set forth in the attached Petition are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: I / I q/)008 J ienne M. Negley FAUser Foldeffirm Docs\C6ents Files\4232-I Julienne Neglrykontempcmod.pet.wpd Exhibit "A" JAN 2 8 200941 JAMES N. NEGLEY, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2008-00524 CIVIL TERM JULIENNE M. NEGLEY, . Respondent IN CUSTODY ORDER OFF COURT AND NOW, this ?e " day of a..r 2008, upon presentation and consideration of the attached stipulation and agreement of the parties, it is hereby ordered and decreed that the attached agreement is made an Order of Court. BY TRY. VMTRT JAMES N. NEGLEY, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2008-00524 CIVIL TERM - =-' JULIENNE M. NEGLEY, -- Respondent IN CUSTODY CUSTODY STIPULATION AND AGREEMENT } THIS AGREEMENT AND STIPULATION entered into the day and year hereinafter set forth, by and between JAMES N. NEGLEY (hereinafter referred to as "Father") and JULIENNE M. NEGLEY (hereinafter referred to as "Mother"). WHEREAS the parties are the natural parents of Madison R. Negley, born May 30, 2004, and Rebeckah L. Negley, born August 3, 2005, (hereinafter referred to as "children"); and, WHEREAS, the parties are presently separated and living in separate residences; and, WHEREAS, the parties wish to enter into an agreement relative to the custody and partial custody of the children. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, and intending to be legally bound hereby, the parties agree as follows: 2 1. Father and Mother shall have shared legal custody of the children. 2. Father shall have primary physical custody of the children, Mother to enjoy periods of partial physical custody. 3. Father shall have primary physical custody of the minor children except the following times at which Mother shall enjoy partial physical custody of the minor children: a. Tuesday from 4:00 p.m. ending Wednesday at 7:00 a.m. b. Thursday from 4:00 p.m. ending Friday at 7:00 a.m.; and c. Every other weekend from Saturday 7:00 a.m. ending Sunday at 6:00 p.m. 4. In the event that Father is unable to exercise the periods of primary custody as set forth in the previous paragraph, then Mother will be given the opportunity to exercise partial custody of the children until such time as Father is able to resume his custody schedule. In the event that Mother is unable to exercise the periods of partial custody as set forth in the previous paragraph, then Father will be given the opportunity to exercise custody of the children until such time as Mother is able to resume her custody schedule. 5. Tuesday through Friday, Mother shall be responsible for providing transportation of the children by picking up the children from Father on Tuesdays and Thursdays 2 and returning the children to Father on Wednesdays and Fridays. On every other weekend, transportation shall be provided by the party with physical custody of the children to the other parry. The parties shall decide transportation and custodial exchanges with a purpose of acting in the children's best interest. 6. The parties shall have an extended period of physical custody during their vacation period. Each party shall provide the other with at least two week notice prior to periods of vacation. 7. Father shall have primary physical custody of the children on Father's Day. Mother shall have partial physical custody of the children on Mother's Day. 8. The parties shall share partial physical custody of the children on the children's birthdays. 9. The parties shall share partial physical custody of the children on Easter Sunday. 10. The parties shall alternate physical custody of the children during their Holiday periods. For the purpose of this paragraph, the following Holidays shall be considered major Holidays and subject to the terms of this paragraph: Martin Luther King Day, President's Day, Good Friday, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day. Holiday Schedule shall 3 commence on Memorial Day of 2008 with Mother having physical custody of the children on Memorial Day and the parties alternating holidays thereafter. 11. The parties shall alternate physical custody during the Christmas Holiday Period by the terms of the following schedule set forth in this paragraph. For purposes of this paragraph Christmas Holiday Period shall be defined as: Christmas Eve Day, Christmas Day, New Year's Eve Day and New Year's Day: a. On even numbered years (2008 and thereafter), Mother shall have physical custody of the children from Christmas Eve Day at 8:00 p.m. to Christmas Day at 3:00 p.m. Father shall have physical custody of the children on Christmas Eve Day until 8:00 p.m. and on Christmas Day from 3:00 p.m. until the following morning. b. On odd numbered years (2009 and thereafter), Father shall have physical custody of the children from Christmas Eve Day at 8:00 p.m. to Christmas Day at 3:00 p.m. Mother shall have physical custody of the children on Christmas Eve Day until 8:00 p.m. and on Christmas Day from 3:00 p.m. until the following morning. c. The parties agree that they will share physical custody of the children on New Year's Eve Day and New Year's Day. Mother shall have physical custody of the children on New Year's Eve Day after 8:00 p.m. to New Year's Day at 3:00 p.m. commencing in 2008 and continuing thereafter during the odd numbered years. Father shall have physical custody of the children on New 4 Year's Eve Day after 8:00 p.m. to New Years Day at 3:00 p.m. commencing in 2008 and continuing thereafter during the even numbered years. 12. In the event that the Holiday schedule conflicts with the regular custody schedule, the Holiday schedule shall supersede the regular custody schedule. 13. Mother shall have additional periods of partial custody of the children at such times as the parties may from time to time agree. 14. The parties will keep each other advised immediately relative to any emergencies concerning the children and shall further take any necessary steps to ensure that the health and well being of the children is protected. Any major decisions regarding medical treatment, education, religion, extra curricular activities will be made by both parties equally after discussion and consultation. 15. In the event that either party shall require the use of a babysitter during their period of partial custody, the other party shall be given an opportunity to exercise physical custody during that time period. 16. Neither parent shall do anything which may estrange the children from the other party, or injure the opinion of the children as to the other party or which may hamper the development of the children's love or affection for the other party, 5 which includes but not limited to comments made regarding the other parent in the presence of the children by third parties. 17. The parties agree to use appropriate language and conduct when in the presence of the minor children. 18. The parties shall be able to modify this agreement from time to time with a view towards the children's best interest. In the event that the parties do not agree to a change in times of partial custody the terms of this Stipulation and Agreement shall control. 19. The parties desire that this Stipulation and Agreement be made an Order of Court to the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody and the parties' minor children and shall retain jurisdiction should circumstances change and either party desire or require modification of said Order. 20. The parties agree that in making this Agreement, that there has been no fraud, concealment, overreaching, coercion or other unfair dealing on the part of the other. 6 21. The parties acknowledge that they have read and understand the provisions of this Agreement. 22. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. 23. Each party has been advised of his or her right to consult with counsel prior to signing this Agreement. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms hereof set their hands and seal the day and year written below: WITNESS: -(SEAL) Name of witness: = JAMES N. NEG EY C} -... Ll0 P DATE: r DATE: _ t? S' t b 5 ! lt_Y ULA (SEAL) Name of witness. JULIENNE M. NE' r-t ' DATE: ! ?S DATE: L 15- Q `) 7 Ttf Wl ?i 10 1 3pli 30 PM 3' 25 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES N. NEGLEY, Plaintiff/Respondent CIVIL ACTION - LAW IN CUSTODY JULIENNE M. NEGLEY, No. 2008-00524 Defendant/Petitioner CERTIFICATE OF SERVICE AND NOW, this day of November 2008, I, Julienne M. Negley, hereby certify that I have this day served the following with a copy of the foregoing Petition for Civil Contempt for Disobedience of Court Order and Modification of Custody Order by first class, United States Mail, postage pre-paid, addressed as follows: Matthew A. McKnight, III, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, Pennsylvania Attorney for Respondent and by U.S. Regular and Certified, Restricted Delivery, Return Receipt Requested Mail addressed as follows: James N. Negley 219 Montour Road Landisburg, Pennsylvania 17040 Respondent Respectfully submitted, Julienne M. Negley, Pro 109 Peach Lane Carlisle, Pennsylvania 17015 Defendant/Petitioner C? = Q Tt Itf ? ` cr% f jtD B + c- n y JAMES N. NEGLEY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-524 CIVIL ACTION LAW JULIENNE M. NEGLEY IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, January 21, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, February 24, 2009 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/ ac ueline M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 f; ! :Z! W'd 23 NVr 6662 FEB 2 5 2019 JAMES N. NEGLEY, Plaintiff V. JULIENNE M. NEGLEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-524 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this 34 day of , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated January 30, 2008 shall remain in full force and effect with the following modifications. 2. Mother's periods of partial physical custody shall be on alternating weekends from Friday at 4:00 p.m. to Sunday at 6:00 p.m. and every Tuesday at 4:00 p.m. to Thursday at 6:00-6:30 a.m. 3. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Custody Conciliation Conference is scheduled for April 24, 2009 at 9:30 a.m. / Carlisle, PA 17015 ,/ Marcus A. McKnight, III, Esquire, Counsel for Father cc- Julienne M. NegleY, pro se 269 Horseshoe Road n I 314ilot? AV TUP Ml TR T KID- r ICE ? 7W PROIT?TARY 9 MAR -4 9- M ??A Wr JAMES N. NEGLEY, Plaintiff V. JULIENNE M. NEGLEY, Defendant PRIOR JUDGE: Kevin A. Hess, J. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-524 CIVIL ACTION - LAW : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME Madison R. Negley Rebeckah L. Negley DATE OF BIRTH May 30, 2004 August 3, 2005 CURRENTLY IN CUSTODY OF Father Father 2. A Conciliation Conference was held in this matter on February 24, 2009 with the following in attendance: The Mother, Julienne M. Negley, pro se and the Father, James N. Negley, with his counsel, Marcus A. McKnight, III, Esquire. 3. The Honorable Kevin A. Hess entered an Order of Court dated January 30, 2008 providing for shared legal custody, Father having primary physical custody with Mother having periods of partial physical custody, 5 out of 14 overnights. 4. The parties agreed to an Order in the form as attached. a-'R I 1L.- - -'?- - , 14 . ? Date acq ine M. Verney, Esquire Custody Conciliator JAMES N. NEGLEY, Plaintiff V. JULIENNE M. NEGLEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-524 : IN CUSTODY ORDER OF COURT CIVIL ACTION - LAW AND NOW, this Z e _ day of i},,,,;1 , 2009, upon consideration of the attached Custody Concilia tonReport, it is ordered and directed as follows: I. The prior Orders of Court dated January 30, 2008 and March 3, 2009 shall remain in full force and effect. 2. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, ---114,0,4 Kevin AA4es's. cj:M. Shultz, Esquire, Counsel for Mother Marcus A. McKnight, III, Esquire, Counsel for Father J. i 4 $ Cl C? fi JAMES N. NEGLEY, Plaintiff V. JULIENNE M. NEGLEY, Defendant PRIOR JUDGE: Kevin A. Hess, J. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-524 CIVIL ACTION - LAW : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Madison R. Negley May 30, 2004 Father Rebeckah L. Negley August 3, 2005 Father 2. A Conciliation Conference was held in this matter on April 23, 2009 with the following in attendance: The Mother, Julienne M. Negley, with her counsel, Sean M. Shultz, Esquire, and the Father, James N. Negley, with his counsel, Marcus A. McKnight, III, Esquire. 3. The Honorable Kevin A. Hess entered an Order of Court dated January 30, 2008 and March 3, 2009 providing for shared legal custody, Father having primary physical custody with Mother having periods of partial physical custody, 6 out of 14 overnights. 4. The parties agreed to an Order in the form as attached. q-?t 3-09 A Date acq line M. Verney, Esquire Custody Conciliator