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HomeMy WebLinkAbout08-4151STEPHANIE NEWBURY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. O ?- qf JEFFREY NEWBURY, Defendant IN CUSTODY 1. The Plaintiff is Stephanie Newbury, an adult individual, residing at 60 Winding Hil Drive, Etters, York County, Pennsylvania. 2. The Defendant is Jeffrey Newbury, an adult individual, residing at 70 Ridge Avenue, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the following children: McKenzie Newbury, age 14; Madison Newbury, age 13; Miranda, age 6; and Reagen, age 4. The children were not born out of wedlock. The children are presently in the custody of Mother who resides at 60 Winding Hill Drive, Etters, York County, Pennsylvania. COMPLAINT FOR CUSTODY During the past five years, the children have resided with the following persons and FLOWER & LWDS" 26 West High Street Carlisle, PA the following addresses: Name Plaintiff and Defendant Plaintiff, Debra Doemland, Mark Doemland and their three children Address 73 Ridge Avenue, Carlisle, PA 60 Winding Hill Drive, Etters, PA Dates Until July 5, 2008 From July 5, 2008 to the present The mother of the children is Stephanie Newbury, currently residing at 60 Winding Hil Drive, Etters, York County, Pennsylvania with her sister, Debra Doemland, her brother-in-law Mark Doemland and their daughter, Laura Doemland. The Doemlands also have two collegE students. r She is married. The father of the children is Jeffrey Newbury, currently residing at 70 Ridge Avenue Carlisle, Cumberland County, Pennsylvania. He lives alone. He is married. 4. The relationship of Plaintiff to the children is that of Mother. 5. The relationship of Defendant to the children is that of Father. 6. Plaintiff has not participated as a party or witness, or in another capacity, in oth litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physica custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served granting the relief requested because Plaintiff can best provide for the children's spiritual, physical and emotional welfare. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests the Court to grant legal and primary physical custody of FLOWER & LEVDSAY A 1 UW 26 West High Street Carlisle, PA the children. SAIDIS, FLOWER & LI / r Carol J. Linds y, quire ID No. 4469 26 West High Street Carlisle, PA 17013 (717) 243-6222 Y Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. t ni Newbury Date: `7-q_08 SAMIS, FLOWER & LINDSAY ATIURN tb M--LAW 26 West High Street Carlisle, PA 53 h 4 r? C L7 PO ? rn CC) STEPHANIE NEWBURY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-4151 CIVIL ACTION LAW JEFFREY NEWBURY IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, July 22, 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 Thursday, August 21, 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. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ 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 DO-7 (ATH STEPHANIE NEWBURY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 08-4151 CIVIL TERM JEFFREY NEWBURY, Defendant IN CUSTODY ACCEPTANCE OF SERVICE I, Mark F. Bayley, accept service of the Complaint for Custody in the above- captioned matter and certified that I am authorized to do so. "*-2 --1- Z ? - b bate U?-4 Mark F. Bayley, Esquire 17 West South Street Carlisle, PA 17013 SAIDIS, FLOWER & LEVDSAY A17ONI&WAT1AW 26 West High Street Carlisle, PA 101- 2 2 ?OU8 IN) ? ; SEP U b Lt?vJ61 STEPHANIE NEWBURY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW JEFFREY NEWBURY, NO. 2008-4151 Defendant IN CUSTODY COURT ORDER AND NOW, this _ day of S e- 10i , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: A hearing is scheduled in the above case on the day of Zg? , 2008, at q; 3d ,. m. in Courtroom No. of the Cumberland County Courthouse. At this hearing, the Mother shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth the history of custody in this case, the issues currently before the Court, a list of witnesses who will be called to testify on behalf of each party and a summary of 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 following TEMPORARY Order is issued: A. The mother, Stephanie Newbury, and the father, Jeffrey Newbury, shall enjoy shared legal custody of McKenzie Newbury, born November 6, 1993, Madison Newbury, born May 3,1995, Miranda Newbury, born November 17, 2001, and Reagan Newbury, born November 19, 2003. B. Mother shall enjoy primary physical custody of the minor children. C. Father shall enjoy temporary physical custody of the minor children as follows: (1) On alternating weekends from Friday after school at approximately 3:00 p.m. until Sunday at 8:00 p.m.; (2) Two evenings during the week, which will be Tuesday and Thursday after Father's weekend, the times being from after school until 8:00 p.m., and Monday and Wednesday after Mother's weekend, the times to be the same; (3) At such other times as agreed; and t I S t? ? ii ffh .?n!'y t I • I I t,.! 1 dIs 11,002 I % 9. Both parents shall ensure that their communications with the children are age appropriate and both parents shall be sensitive to the fact that the children are all experiencing a difficult situation with the recent separation of the parties and the circumstances concerning that separation. Neither parent shall attempt to lobby or otherwise influence the children relative to issues on custody or the relationship of the parties. cc: aZ rol J. Lindsay, Esquire Mark F. Bayley, Esquire W dv?--j Mc?rlltc• CCTI"f-s 9?iv?o8 BY THE COURT, • STEPHANIE NEWBURY, Plaintiff VS. JEFFREY NEWBURY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2008-4151 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: McKenzie Newbury, born November 6, 1993 Madison Newbury, born May 3, 1995 Miranda Newbury, born November 17, 2001 Reagan Newbury, born November 19, 2003 2. A Conciliation Conference was held on August 19, 2008, with the following individuals in attendance: The mother, Stephanie Newbury, who appeared with her counsel, Carol J. Lindsay, Esquire, and the father, Jeffrey Newbury, with his counsel, Mark F. Bayley, Esquire 3. There are a variety of issues spinning around these parties including protection from abuse actions and other matters. After a lengthy discussion, the parties reached an agreement but a hearing is still required. The Conciliator recommends an Order in the form as attached. Date: August , 2008 Z4 0// Hubert X. Gil y, Esquire Custody Co iliator STEPHANIE NEWBURY Plaintiff, VS. JEFFREY NEWBURY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2008-4151 IN CUSTODY STIPULATION FOR ENTRY OF AN AGREED UPON ORDER OF CUSTODY The undersigned hereby agree to the entry of the following court order: Stephanie Newbury (hereafter "Mother") and Jeffrey Newbury (hereafter "Father") shall share legal custody of McKenzie Newbury, born November 6, 1993, Madison Newbury, born May 3, 1995, Miranda Newbury, born November 17, 2001 and Reagan Newbury, born November 19, 2003. In accordance therewith, both Mother and Father will jointly participate in deciding and keep each other informed of any important decisions or issues affecting the children, including but not limited to: (1) medical/ healthcare/ counseling treatment issues and (2) educational issues. Both parents will be entitled to without exception: (1) access to all medical/healthcare records of the children; (2) notice within twenty-four hours to the non-custodial parent of any injury or illness of the child necessitating medical treatment or intervention; (3) immediate notice to the non- custodial parent of any major medical procedure, operation or treatment; and (4) access to all school records including report cards and progress reports. The parties shall strive to discuss and reach agreement regarding all significant parenting decisions; where agreement cannot be reached, both parties reserve the right to seek Court intervention. The parties shall keep each other informed of all other scheduled events involving the children, including but not limited to: school functions, parent/teacher meetings, extracurricular events, and sporting events so that both parents have the opportunity to take part in said events. To the extent that information is available directly from schools or activities, the parents will be responsible to obtain the information themselves. 2. Mother shall have primary physical custody of the children subject to Father's partial physical custody of the two younger children as follows: A. On alternating weekends from Friday at 4 p.m. until Sunday at 5:00 p.m; B. Two evenings during the week, which will be Tuesday and Thursday after Father's weekend, the times being from after school until 7:00 p.m. (8:00 p.m. during the summer break), and Monday and Wednesday after Mother's weekend, the times to be the same; Father will pick the children up from school at 2:20 p.m.; otherwise Father will provide notice to Mother no later than 7:20 a.m. the same day that he will pick the children up from Mother's residence at approximately 4 p.m.; and C. At such other times as agreed upon D. Father welcomes the two older children to spend time with him during the above periods or any other times Father is available and the two older children may do so at their option. 3. With regard to holidays and vacation relating to the two younger children: A. Thanksgiving and Christmas holidays shall be split into block A and block B. Block A shall be Christmas Eve/Thanksgiving Eve at 2:00 p.m. to Christmas Day/Thanksgiving Day at 2:00 p.m. Block B shall be Christmas Day/Thanksgiving Day at 2:00 P.M. to the day after Christmas/Thanksgiving at 2:00 p.m. The parties shall alternate block A and B on a yearly basis; Mother has block A in even years. Mother reserves the right to petition the Court for modification in advance of Christmas of 2009 should she believe at that time that the Christmas provision as set forth above is not in the best interests of the children. B. The parties shall alternate New Year's Day, Easter, Memorial Day, 4th of July and Labor Day, Holidays periods of custody from 10:00 a.m. to 7:00 p.m. commencing on New Years Day 2009 with Father. In the event one of these holidays land on a Monday following Father's weekend, Father shall be entitled to have the children overnight Sunday and into the Monday holiday until 7:00 p.m. C. Each party shall have two (2) non-consecutive weeks of uninterrupted physical custody during the summer. Each party shall provide no less than thirty (30) days notice of their scheduled week(s). Vacation weeks are seven (7) days and will include the vacationing parent's alternating weekend. Should a party's vacation week land partially on the other party's alternating weekend, then the other party shall be entitled to equal make-up weekend days as determined in advance of the vacation by the agreement of the parties. D. Father welcomes the two older children to spend time with him during the above periods or any other times Father is available and the two older children may do so at their option. 4. Each party shall have reasonable telephone contact with the children during the other party's periods of physical custody. Mother and Father shall make all efforts to ensure such contact. The parties shall ensure that each has a working telephone contact number for the other this purpose. The parties shall ensure that each has a current email address for the purpose of an additional method in which to communicate regarding issues relating to the children upon execution of this agreement and on a continuing basis. 5. The parties shall do nothing, nor permit a third party to do anything, that may estrange the children from the development of their love and affection for the other party. The parties shall not disparage one another in front of the children or allow third parties to do so. Despite the current differences between the parties, the parties shall endeavor to establish a positive and amicable relationship in recognition of the mutual goal of promoting a happy and healthy upbringing of the children. 6. The undersigned parties stipulate to the entry of the within terms; the request for a hearing, which is currently scheduled for December 29, 2008, is hereby Date /2:43Li, Date withdrawn. 1 ephanie Newbury 7 ?.: ..> z !'-' ?7 ?.....{ j"- j r,a ... ?? ,.., , . , ?::., .x ??;, ,. DEC 3 0 «ttd c, STEPHANIE NEWBURY : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW JEFFREY NEWBURY : NO. 2008-4151 Defendant : IN CUSTODY ORDER AND NOW, this _ day of -Dc L , 2008, upon consideration of the attached Stipulation for Entry of an Agreed Upon Order of Custody, which is incorporated herein, IT IS HEREBY ORDERED that the contents of said Stipulation are hereby adopted as an Order of Court with full weight and effect as if they had been set for the in full hereinafter. Any and all prior Orders in this matter are hereby vacated. The hearing currently scheduled for December 29, 2008 is hereby cancelled. C. ark F. Bayley, Esquire Carol J. Lindsay, Esquire n _ *L l?0{'? 4 ?S J?YL? l i RY THE C01 TRT- r ' r .'f} h.t ` ?.? ? ., •'-? i?'r° 1 ?'._ ? ? 7 ? - _... ._ .-' STEPHANIE NEWBURY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 08-4151 CIVIL TERM JEFFREY NEWBURY, Defendant IN CUSTODY PETITION FOR MODIFICATION AND NOW comes Stephanie Newbury, by and through her counsel, Saidis, Flower & Lindsay, and petitions this Honorable Court as follows: 1. The parties hereto are the parents of four children, Mackenzie Newbury, born November 6, 1993; Madison Newbury, born May 3, 1995; Miranda Newbury, born November 17, 2001; and Reagan Newbury, born November 19, 2003. 2. Custody of the parties' children was determined by a Stipulation of the Parties which was entered by the Court as an Order on December 31, 2008. A copy of the Court's Order is attached hereto as Exhibit "A". 3. At the time of the entry of the Stipulated Order, Petitioner, hereinafter SAMIS, FLONWR & LIlVDSAY ATIURNEYS.?T uw 26 West High Street Carlisle, PA "Mother" resided at 119 Andrew Court, Carlisle, Pennsylvania 17015. Respondent, hereinafter "Father" resided at 73 Ridge Avenue, Carlisle, Pennsylvania 17013. The Court ordered primary physical custody of the children with Mother subject to periods of partial custody with the two youngest children in Father on alternating weekends from Friday at 4:00 PM until Sunday at 5:00 PM and two evenings per week from after school until 7:00 PM (8:00 PM during the summer). The responsibility for picking up the children for periods of partial custody was Father's. The Court Order was silent as to responsibilities for transportation at the end of Father's custodial period. C-' N U ? 1 4. In order to ensure the prompt return of the children, Mother; vickeAherh during the mid-week visit. 70. O-K-'°' a ?a? 7 l R:? 9/ 79o 5. On or about April 26, 2010, Father relocated from the marital home to 4518 Hillside Court, Harrisburg, Pennsylvania, where he resides with his father and stepmother. 6. The drive between Mother's home and Father's home is approximately forty minutes. 7. Father is unemployed. 8. Mother cares for four children including driving them to their various appointments and extracurricular activities. She cannot drive an additional hour and half twice a week in order to return the children from Father's parent's home. 9. Although the Court Order ends Father's midweek custodial time at 7:00 PM, he refuses to return the children until Mother drives to get them. 10. Father avers that he no longer has counsel and there exists no informal way to reconcile this difference. 11. The Honorable J. Wesley Oler, Jr. has been assigned to this case. 12. Father was represented by Mark F. Bayley, Esquire who, upon information and belief, has been unable to contact Father. WHEREFORE, Petitioner prays this Honorable Court to modify its Order of December 31, 2008 so that Father is required to return the children to Mother at the end of his custodial periods. SAIDIS, FLOWER & LINDSAY FLOWER & LINDSAY 26 West High Street Carlisle, PA Carol J. Lind ay, squire ID No. 4469 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiff DEC 3 p ZM,G, STEPHANIE NEWBURY Plaintiff, VS. JEFFREY NEWBURY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-4151 IN CUSTODY ORDER AND NOW, this day of , 2008, upon consideration of the attached Stipulation for Entry of an Agreed Upon Order of Custody, which is incorporated herein, IT IS HEREBY ORDERED that the contents of said Stipulation are hereby adopted as an Order of Court with full weight and effect as if they had been set for the in full hereinafter. Any and all prior Orders in this matter are hereby vacated. The hearing currently scheduled for December 29, 2008 is hereby cancelled. BY THE COURT: J. sley Oler, Jr. CC. Mark F. Bayley, Esquire Carol J. Lindsay, Esquire °?--tt aka "4 STEPHANIE NEWBURY : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYIt)?7ANIA VS. : CIVIL ACTION - LAW ; JEFFREY NEWBURY : NO. 2008-4151 Defendant : IN CUSTODY - ;C, = -» STIPULATION FOR ENTRY OF AN AGREED UPON ORDER OF CUSTOI The undersigned hereby agree to the entry of the following court order: Stephanie Newbury (hereafter "Mother") and Jeffrey Newbury (hereafter "Father") shall share legal custody of McKenzie Newbury, born November 6, 1993, Madison Newbury, born May 3, 1995, Miranda Newbury, born November 17, 2001 and Reagan Newbury, born November 19, 2003. In accordance therewith, both Mother and Father will jointly participate in deciding and keep each other informed of any important decisions or issues affecting the children, including but not limited to: (1) medical/ healthcare/ counseling treatment issues and (2) educational issues. Both parents will be entitled to without exception: (1) access to all medical/healthcare records of the children; (2) notice within twenty-four hours to the non-custodial parent of any injury or illness of the child necessitating medical treatment or intervention; (3) immediate notice to the non- custodial parent of any major medical procedure, operation or treatment; and (4) access to all school records including report cards and progress reports. The parties shall strive to discuss and reach agreement regarding all significant parenting decisions; where agreement cannot be reached, both parties reserve the right to seek Court intervention. The parties shall keep each other informed of all other scheduled events involving the children, including but not limited to: school functions, parent/teacher meetings, extracurricular events, and sporting events so that both parents have the opportunity to take part in said events. To the extent that information is available directly from schools or activities, the parents will be responsible to obtain the information themselves. 2. Mother shall have primary physical custody of the children subject to Father's partial physical custody of the two younger children as follows: A. On alternating weekends from Friday at 4 p.m. until Sunday at 5:00 p.m; B. Two evenings during the week, which will be Tuesday and Thursday after Father's weekend, the times being from after school until 7:00 p.m. (8:00 p.m. during the summer break), and Monday and Wednesday after Mother's weekend, the times to be the same; Father will pick the children up from school at 2:20 p.m.; otherwise Father will provide notice to Mother no later than 7:20 a.m. the same day that he will pick the children up from Mother's residence at approximately 4 p.m.; and C. At such other times as agreed upon D. Father welcomes the two older children to spend time with him during the above periods or any other times Father is available and the two older children may do so at their option. 3. With regard to holidays and vacation relating to the two younger children: A. Thanksgiving and Christmas holidays shall be split into block A and block B. Block A shall be Christmas Eve/Thanksgiving Eve at 2:00 p.m. to Christmas Day/Thanksgiving Day at 2:00 p.m. Block B shall be Christmas Day/Thanksgiving Day at 2:00 p.m. to the day after Christmas/Thanksgiving at 2:00 p.m. The parties shall alternate block A and B on a yearly basis; Mother has block A in even years. Mother reserves the right to petition the Court for modification in advance of Christmas of 2009 should she believe at that time that the Christmas provision as set forth above is not in the best interests of the children. B. The parties shall alternate New Year's Day, Easter, Memorial Day, 4th of July and Labor Day, Holidays periods of custody from 10:00 a.m. to 7:00 p.m. commencing on New Years Day 2009 with Father. In the event one of these holidays land on a Monday following Father's weekend, Father shall be entitled to have the children overnight Sunday and into the Monday holiday until 7:00 p.m. C. Each party shall have two (2) non-consecutive weeks of uninterrupted physical custody during the summer. Each party shall provide no less than thirty (30) days notice of their scheduled week(s). Vacation weeks are seven (7) days and will include the vacationing parent's alternating weekend. Should a party's vacation week land partially on the other party's alternating weekend, then the other party shall be entitled to equal make-up weekend days as determined in advance of the vacation by the agreement of the parties. D. Father welcomes the two older children to spend time with him during the above periods or any other times Father is available and the two older children may do so at their option. 4. Each party shall have reasonable telephone contact with the children during the other party's periods of physical custody. Mother and Father shall make all efforts to ensure such contact. The parties shall ensure that each has a working telephone contact number for the other this purpose. The parties shall ensure that each has a current email address for the purpose of an additional method in which to communicate regarding issues relating to the children upon execution of this agreement and on a continuing basis. 5. The parties shall do nothing, nor permit a third party to do anything, that may estrange the children from the development of their love and affection for the other party. The parties shall not disparage one another in front of the children or allow third parties to do so. Despite the current differences between the parties, the parties shall endeavor to establish a positive and amicable relationship in recognition of the mutual goal of promoting a happy and healthy upbringing of the children. 6. The undersigned parties stipulate to the entry of the within terms; the request for a hearing, which is currently scheduled for December 29, 2008, is hereby Date Date withdrawn. 6 ? ? ?': a"-. ? V'. &" ]'? ephanie Newbury VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. ephanie Newbury-/- FLOWER & LINDSAY 26 West High Street Carlisle, PA CERTIFICATE OF SERVICE I hereby certify that on this ?7 day of , 2010, a true and correct copy the foregoing document was served upon the party listed below, via First Class Mail, posta prepaid, addressed as follows: Mark F. Bayley, Esquire 17 West South Street Carlisle, PA 17013 SAIDIS, FLOWER & LINDSAY Carol J. Li say, squire Supreme Oete. D No. 44 26 West High Street Carlisle, PA 17013 717-243-6222 FLOWER & LP DS" ff: 2G West High Street Carlisle, PA 10 DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, May 13, 2010 _ upon consideration of the attached Complaint, 11 1 ? STEPHANIE NEWBURY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-4151 CIVIL ACTION LAW JEFFREY NEWBURY 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 18, 2010 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 entev 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 hearin1j. FOR THE COURT. By: /s/ Hubert X. Gyro Es q. Custody Conciliator 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. 0 ?•/?I•ro Cumberland County Bar Association - c u 32 South Bedford Street li l P l i 17013 C - fi' "? ar s e, ennsy van a Telephone (717) 249-3166 n• t?? 77 V CAI v? 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. M 1"D IM s•/?i •!O Co ?ka«d %n Ak-;rl Gilro - l?, OCT 0 6 [U1U STEPHANIE NEWBURY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW JEFFREY NEWBURY, NO. 2008-4151 Defendant 1N CUSTODY Prior Judge: J. Wesley Oler, Jr. COURT ORDER AND NOW, this _ __~_ day of October, 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that this court's prior order of December 31, 2008 shall remain in effect subject to the following modifications: 1. For exchange of custody on weekday visitation by father, father shall continue to pick the children up at the beginning of visitation on the weekdays with the parties sharing transportation on the end of visitation and meeting at a point off 81 on Wertzville Road unless agreed otherwise by the parties. Furthermore, for purposes of transportation, the parties may utilize a family relative to aid in transportation for pick up or delivery of the children. It is understood that father will handle all transportation for weekend visitation. 2. For communication between the parties, it is directed that the parties will utilize email for the most part with text messages being authorized in emergency or other appropriate circumstances. 3. The alternating weekend schedule pick up time on Friday shall change to 6:30 p.m. 4. The parties shall consult, with each other with respect to the scheduling of extra ,- curricular activities for the ~hil:dren. I a _ A cc: 5. For the Christmas holiday in 2010, the schedule shall remain as it has been over the past two years with mother having Christmas Eve and father having Christmas Day. Starting in 2011, father may implement an alternating Christmas holiday schedule in the typical Christmas EvelChristmas Day alternating schedule system. Father must notify mother by December 1 in 2011 as to his intention relative to the Christmas holiday. ~.~ c~ John Kerr, Esquire ~: mac`.-may ca ~ ~'' ~ Marylou Matas, Esquire =~ ~ -r-k ~s~ ~ , ~~+ to~~/~o Cop. es ty, u ~~-, ~ ~ ~ ~ cs' ~., c --~ cj ~ =_~ . , ~:. ~, ~ ~.. ~ ~ ~° . ~ ~ ~- _~. BY THE COURT, STEPHANIE NEWBURY, Plaintiff vs. JEFFREY NEWBURY, Defendant Prior Judge: J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2008-4151 TN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: McKenzie Newbury, born November 6, 1993, Madison Newbury, born May 3, 1995, Miranda Newbury, born November 17, 2001, and Reagan Newbury, born November 19, 2003. 2. A Conciliation Conference was held on September 30, 2010, with the following individuals in attendance: The mother, Stephanie Newbury, with her counsel, Marylou Matas, Esquire, and the father, Jeffrey Newbury, with his counsel, John Kerr, Esquire 3. The parties agree to the entry of an Order in the form as attached. Date: October , 2010 --~ Hubert X. Gilr y, Esquire Custody Con liator COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW C) F ) JEFF Y s f zpk hie ) -a W PlaintiffeUs i ) z 73 C, `^j{ cn> r v. ) No. 2008-4151 r T ) >c c .. STi ' , - : .RY, Joey ) 5 _'f Defendant L��` ) =+ cr Petition for Contempt D 1. Petitioner is Plaintiff, JEFFREY W. NEWBURY, who currently resides at 4182 Nantucket Dr., Mechanicsburg, Cumberland County, PA 17050. 2. Respondent is giant, STEPHANIE M. NEWBURY, who currently resides at 16 Hope Dr., Boiling Springs, Cumberland County, PA 17007. 3. Petitioner and Respondent are the natural parents of the following children: Name Age MIRANDA N. NEWBURY 12 years REAGAN M. NEWBURY 10 years 4. A custody order was entered on 10/7/2010, in the Cumberland County Court of Common Pleas. A copy of the custody order is attached. 5. Respondent has willfully violated the custody order, as follows: On Sunday 6/29/14 I texted stephanie and asked her if I could modify the days for the upcoming weekend that I had the girls. She informed me that they don't want to come with me anymore and that she will not send them. She said she will allow me to get them for activities during the day and during my weeknight visits but not over night anymore. 04-5Ik 3057 C Petition for Contempt Page 3 of 5 WHEREFORE, Petitioner respectfully requests that this Court find Respondent in contempt of Court. Date: AUG. 7l`f : NEWBU Y, Pl.•• 'ff Verification I, JEFFREY W. NEWBURY, Pte, verify that the facts stated in the foregoing Petition are true and correct to the best of my knowledge, information and belief. Petitioner understands that false statements therein are subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Date: Attiq 7� ?oIti4.41/ _�� I - .�/ ts.4/ / . NEWBUR , P Petition for Contempt Page 4 of 5 OCT 06zwu STEPHANIE NEWBURY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW JEFFREY NEWBURY, : NO. 2008-4151 Defendant : IN CUSTODY Prior Judge: J. Wesley Oler, Jr. COURT ORDER AND NOW, this Inti day of October, 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that this court's prior order of December 31, 2008 shall remain in effect subject to the following modifications: 1. For exchange of custody on weekday visitation by father,father shall continue to pick the children up at the beginning of visitation on the weekdays with the parties sharing transportation on the end of visitation and meeting at a point off 81 on Wertzville Road unless agreed otherwise by the parties. Furthermore, for purposes of transportation, the parties may utilize a family relative to aid in transportation for pick up or delivery of the children. It is understood that father will handle all transportation for weekend visitation. 2. For communication between the parties, it is directed that the parties will utilize email for the most part with text messages being authorized in emergency or other appropriate circumstances. 3. The alternating weekend schedule pick up time on Friday shall change to 6:30 p.m. 4. The parties shall consult,with each other with respect to the scheduling of extra curricular activities for the children. I 5. For the Christmas holiday in 2010,the schedule shall remain as it has been over the past two years with mother having Christmas Eve and father having Christmas Day. Starting in 2011,father may implement an alternating Christmas holiday schedule in the typical Christmas Eve/Christmas Day alternating schedule system. Father must notify mother by December 1 in 2011 as to his intention relative to the Christmas holiday. BY THE COURT, J/dge J. Wesle ja ler7r. CD o cc: 'John Kerr, Esquire co cc I/Marylou Matas, Esquire --t r2 , COP,'es h,a, l ©kbo <-- r an; A v tJ 'ern STEPHANIE NEWBURY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW JEFFREY NEWBURY, : NO. 2008-4151 Defendant : IN CUSTODY Prior Judge: J. Wesley Oler, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: McKenzie Newbury,born November 6, 1993,Madison Newbury,born May 3, 1995,Miranda Newbury,born November 17,2001,and Reagan Newbury, born November 19, 2003. 2. A Conciliation Conference was held on September 30, 2010, with the following individuals in attendance: The mother,Stephanie Newbury,with her counsel, Marylou Matas,Esquire, and the father, Jeffrey Newbury, with his counsel, John Kerr, Esquire 3. The parties agree to the entry of an Order in the form as attached. Date: October , 2010 Hubert X. Gilr y, Esquire Custody Con liator STEPHANIE NEWBURY PLAINTIFF V. JEFFREY NEWBURY DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-4151 CIVIL ACTION LAW rnC IN CUSTODY -<F r= <C3 1> c-.) ORDER OF COURT AND NOW, Wednesday, August 13, 2014 , 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 Tuesday, September 09, 2014 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. You must file with the Court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in-person contact with the court (including, but not limited to, a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition. No party may make a change in the residence of any child which significantly impairs the ability of the other party to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and Pa.R.C.P. No. 1915.17 regarding relocation. FOR THE COURT, By: /s/ Hubert X. Gilroy, Esq �J/ Custody Conciliator �J 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. IIF 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. COPI'es iZ1,ted ojoPl o O7/troy, kg. //s0f/ Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-31.66 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION STEPHANIE M. NEWBURY, ) Plaintiff ) c v. ) No.2008-4151 ma com )= % JEFFREY W. NEWBURY, ) cn — Defendant ) r- c- Z CD Certificate Of Service v `=' —4f -‹ — I, JEFFREYW. NEWBURY, Defendant in the above matter, hereby certify that on ---77,(6-5, 0 WI `f' N , I mailed a true and correct copy of the Petition for Contempt, by certified mail, return receipt requested, restricted delivery, and another copy of the same document by first class mail, postage prepaid, to: STEPHANIE M. NEWBURY 16 Hope Dr. Boiling Springs, PA 17007 I certify that (check ALL of the following which are true): Certified mail: [] The green and white sender's receipt is attached. (ATTACH receipt.) The green recipient's receipt is attached; STEPHANIE M. NEWBURY signed the certified mail receipt on C()Itt/ ► It (ATTACH receipt.) The certified mail was returned to me unsigned, with the notation that the certified mail was: [ ] refused [ ] unclaimed [ ] other notation: Neither the certified mail envelope nor the certified mail receipt was returned to me. Regular mail: [X] The regular mail has not been returned to me. [ ] The regular mail was returned to me, with the notation: Certificate of Service Page 1 of 3 I verify that the information in the Certificate of Service is true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities. Date: ),,11,4 STAPLE OR TAPE ra co m O ru O O r1 fu ru ru rR igaaIli +3 JE U.S. Postal Service,., CERTIFIED MAIL,. RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.come 'Irrlt„iAL USE li) Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees $11.54 31� tr' 0 Sent o Street Apt No.; or PO Box No. City, State, ZIP+4 PS Form 3800. August 2006 See Reverse for Instructions SENDER: COMPLETE THIS SECTION ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. IN Attach this card to the back of the mailpiece, or on the front if space permits. COMPLETE THIS SECTION ON DELIVERY A. Signature 1. Article Addressed to: 5TTp)-1RN I i\toug y l� t -6p6 Dp,, 6 L.1 77F=l nkkiS, 7 rid6)7 B. Received by (PFinted Name) '•f' 1.1rtw3OldC. D. Is delivery address different fro If YES, enter delivery address 0 Agent 0 Addressee C. Date of Delivery 3. S rvice Type Certified Mall Registered 0 Insured Mail 0 Express O Return Receipt for Merchandise 0 C.O.D. 4. Restricted Delivery? (Extra Fee) res 2. Article Number (Transfer from service labe° 7012 2210 0002 0534 4841 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 Certificate of Service Page 2 of 3 STEPHANIE NEWBURY, Plaintiff vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA r7 : CIVIL ACTION - LAW JEFFREY NEWBURY, : NO. 2008-4151 Defendant : IN CUSTODY Prior Judge: J. Wesley Oler, Jr. COURT ORDER -03 m0z) C/) co 0) AND NOW, this A it day of September, 2014, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. .5-- of the Cumberland County Courthouse on the //Q, day of the father shall be the moving party and shal 201$at / :30 p.m. At this hearing, proceed initially with testimony. The parties themselves, or counsel for the parties if they retain counsel, shall file with the Court at least five days prior to the mentioned hearing date a pre -hearing memorandum in accordance with Pennsylvania Rule Of Civil Procedure 1915.4-4. 2. In the event the parties retain legal counsel prior to the scheduling of the hearing above, counsel for either party may again contact the Custody Conciliator to schedule another Custody Conciliation Conference if legal counsel believe another conference may aid in resolving this case prior to the hearing scheduled. 3. The parties are directed to abide by the existing Order of Court in this case pending further Order of this Court. No party shall be permitted to relocate the residence of the child where said relocation will significantly impair the ability to exercise custody unless every individual who has custodial rights to the child consents to the proposed relocation or the court approves the proposed relocation. Any party proposing to relocate MUST comply with 23 Pa. C.S. § 5337. Cc: V. .. Jeffrey Newbury s. Stephanie Newbury cod,; Qs NM ?/1iiL( BY THE COURT, J r C) 1 STEPHANIE NEWBURY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW JEFFREY NEWBURY, : NO. 2008-4151 Defendant : IN CUSTODY Prior Judge: J. Wesley Oler, Jr. MEMORANDUM TO THE COURT ADMINISTRATOR'S OFFICE The Conciliator estimates that the hearing in this case shall take no more than 1/2 day. Date: September , 2014 Hubert X. Gilroy, Esquire Custody Conciliator STEPHANIE NEWBURY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW JEFFREY NEWBURY, : NO. 2008-4151 Defendant : IN CUSTODY Prior Judge: J. Wesley Oler, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The Custody Conciliator conducted a Custody Conciliation Conference on September 9, 2014. Present were the father, Jeffrey Newbury, who appeared pro se, and the mother, Stephanie Newbury, who appeared pro se. 2. Father is petitioning the Court to hold mother in contempt. Apparently, the two • children who are the subject of this Order have not been going with the father spending overnight time with him on weekends as per the Order. The mother says it is because the children suggest to her that they do not want to spend overnights with the father. She also expresses some concern for the father's treatment of the children. The father indicates that he simply wants the Order enforced. . • 3. The Custody Conciliator noted that there was a lot of animosity between the parties and it is pretty clear that the parties are not involved in good communication with each other. It would be the Custody Conciliator's recommendation that the Court implement some type of co -parenting counseling for the parties after a hearing is held in this matter and also, possibly, have some counseling ordered for the children to determine if they are actually expressing a concern about staying overnight with the father. 4. Because the parties are unable to agree, a hearing is necessary. The Conciliator recommends the entry of an Order in the form as attac Date: September ( , 2014 Hubert X. ilroy, Esquire Custody Conciliator