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HomeMy WebLinkAbout08-4675MARIA P. COGNETTI & ASSOCIATES MARGARET M. SIMOK, ESQUIRE Attorney I.D. No. 89633 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 9094060 Attorneys for Plaintiff MYRRIAH JANNETTE, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.O?'U i?/Ui l Tfr?y?J JOSHUA N. ASH, Defendant CIVIL ACTION -LAW IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Myrriah Jannette, residing at 4025 Crooked Hill Road, Harrisburg, Dauphin County, Pennsylvania 17110. 2. Defendant is Joshua N. Ash, residing at 135 Stanford Court, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff seeks primary physical and shared legal custody of the following child: Name Present Address Age Willow Bella Ash 135 Stanford Court 6 Years Mechanicsburg, PA 17055 4. The child was not born out of wedlock. The child is presently in the custody of Joshua N. Ash, who resides at 135 Stanford Court, Mechanicsburg, Cumberland County, Pennsylvania 17055. 5. During the past five (5) years, the child has resided with the following persons at the following addresses: Name Address Joshua N. Ash 135 Stanford Court Staley Ash Mechanicsburg, PA 17055 Joshua N. Ash Red Haven Court Beverly Spatts New Cumberland, PA 17070 Joshua N. Ash Melbourne, FL Wesley Ash Sheri Ash Dates Mid 2005 - Present 9/03 - Mid 2005 5/03 - 9/03 Myrriah (Ash) Jannette 900 Dorsett Street 8/02 - 5/03 Joshua N. Ash South Burlington, VT 6. The mother of the child is currently residing at 4025 Crooked Hill Road, Harrisburg, Dauphin County, Pennsylvania 17110. She is single. 7. The father of the child is currently residing at 135 Stanford Court, Mechanicsburg, Cumberland County, Pennsylvania 17055. He is married. 8. The relationship of Plaintiff to the child is that of mother. Plaintiff currently resides with Alex Grass, her boyfriend. 9. The relationship of Defendant to the child is that of father. Defendant currently resides with his wife, Staley Ash. 10. Plaintiff and Defendant have participated as parties in Chittenden County, Vermont, where, in October of 2003, an Order was issued wherein the parties agreed to Defendant having sole physical and legal custody, with Plaintiff having contact by agreement of the parties. A certified copy of this Order is attached as reference. 11. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 12. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 13. The best interest and permanent welfare of the child will be served by granting the relief requested. 14. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests the Court to grant her primary physical and shared legal custody of the minor child. Respectfully submitted: MARIA P. COGNETTI & ASSOCIATES Date: ! aO? By: r11_?r?h MARGA T M. SIMOK, ESQUIRE Attorney I.D. No. 89633 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff STATE OF VERMONT CHITTENDEN COUNTY, SS. Plaintiff move FINAL ORDER AND-DECREE OF DIVORCE The above entitled matter came for a hearing on the date indicated below. Plaintiff was present and represented her lf. The Defendant was/was not present. Based on the stipulation filed with the court and the evidence presented at the hearing, it is hereby ADJUDGED, ORDERED AND DECREED as follows: 1. Marriage, notice, and residence proved. A divorce is granted to the Plaintif fendant on the ground that Plaintiff and Defendant have lived separate and apart in excess of six consecutive months and the resumption of marital relatio is not reasonably probable. Decree nisi, shall become absolute oa _P d 5 2. The terms of the stipulation of the parties set forth above are incorporated herein by reference in their entirety and made part of this Final Order. X93 Dated this day of , 0-, at Burlington, Vermont. _di„LJ 001T - 22003 VERMONT FAMII,Y COURT DOCKET M -7 (-??-??-- CZ/ Pres' Judge Assistant Judge Assistant Judge n a/?2 7- to k ow tarlMdi! ih Des WW eery at Ufe ' I th me appear! an n isfoffm ioe. ?? -EZ OW6 Family Court of Vemrnt Chtctenoon County-1//o/v NOTE: This form is pmi °d for the convenience of pro se litigants. It is not intended to cover all legal issues you may face in your particular situation. This form is not a ,--bstitute for an understanding of the law or the advice of an attorney. The court can i vide you with information, not advice on what you should do with that information. If you do not understand some aspect of Family Law or need advice on what you should do, please consult with an attorney. Only an attorney may provide legal advice that might be needed to resolve particular issues in your divorce or seuaration. STATE OF VERMONT VERMONT FAMILY COURT CH11-1 ENDEN COUNTY, SS. DOCKET #F ni- z-?3 CnDmd FILE6 Plaintiff x(14--r*N 'APR 1 $ 2003 U V7 iNfily ?;?,;R' L STIPIJ?A??$1??=;r, FINA ' AND ORDER OF DIVORCE Defendant --'?SWv LA• >O L FINAL STIPULATION We, the undersigned parties, hereby agree as follows: 1. We have (or anticipate we wil?l}ave) lived separate and apart in excess of six 1?\R, consecutive months as of g32-0-,-2. (9?_ (date) and the resumption of our lip marital relations is not reasonably probable. 2. Nisi period (3 month waiting period) We do do not (circle one) wish to waive all or part the waiting period and make the divorce absolute on the date of the Final Hearing. .:.U Fin.S&O c 06/10/99 cco 3. PARENTAL RIGHTS AND RESPONSIBILITIES The names and dates of birth of our minor children are: UD'?\\uij R)a\c. 1?-? ?g a?? • C? 1 (Name(s) and birth dates)) A. Legal Responsibility: Gives a parent the responsibility to determine and control matters relating to a child's welfare and upbringing, including education, non-emergency medical and dental care, religion and travel arrangements. Legal responsibility can be held solely by one parent or shared jointly by both parents. If it is shared jointly, decisions are made by agreement. Legal responsibility for our child(ren) will be: shared jointly by both of us; or held solely by JOSV\y o, U Name of Parent B. Physical Responsibility: Gives a parent the responsibility to make decisions about and to provide routine daily care of their child. Physical responsibility can be held solely or may be divided or shared. If physical responsibility is held solely by one parent, it is subject to the other parent's right to parent child contact. Physical responsibility for our child(ren) will be: shared jointly by both of us; or held solely by ?Dskjo" I?? ?SV1 Name of parent 2 4. Procedure for Resolving Disputes (This provision is required if parties share Legal or Physi Rights and Responsibilities. If legal and physical responsibilities are he)1solely by one parent,this provision is suggested but not required.) We will try to resolve any dpi pates we have in the f ture concerning our child(ren) through mediation before f ' a uest th the court to resolve a conflict over the children; a. The fees for Mediation will be paid as follows:, 1. Each party will pay a portion of th ee based on their proportional share of income as recorded on them t recent Child Support Order worksheet. 2. Plaintiff will pay % fendant will pay % 3. Parties will share the cost o mediation equally. b. The parties will select a by using the Court's mediator list. c. Other: (define your process mediator selection) OR owing procedure to resolve future disputes instead We will use t e foll of mediatio : (explain in detail on a page Tabled 3a and attach) Z 5. Access to information and Records (Vermont Law, V.S.A. §670) Both parents shall have full access to the medical, dental, law enforcement and school records relating to the minor child(ren). 6. Parent Child Contact Schedule: The primary residence of the child(ren) shall be with:,?Ui-\ c, N • &L, 3 Q-- will have parental contact with the child(ren) according to the following schedule: 7. Vacations and Holidays: (Please identify specifically the holidays and vacations on which special arrangements have been agreed to and the substance of the agreement, e.g. Thanksgiving day will be alternated, or Christmas eve and Christmas day will be shared as follows, etc.) The schedule for holidays and school vacations with our child(ren) will be as follows: 8. Transportation and Travel Arrangements: (Explain how the children will be transported from one parents home to the other. Include in this section any agreement with respect to where the children will be dropped off or picked up; who will be responsible for the transportation of the children; and responsibility for travel costs.) 4 ??IY1 a1 I 'i?L ?-r4? -?o? N C?2 'I?? 'fi'rG?? `TC?? G0?k4 CE. 1A-AOF 0-v-- L J I 0-0-0-t , Itit 4?2.t?1V?,1 W I LL -o?y 1-4c t? L- 01-t t- ? 9. Communication Regarding the Child(ren): We shall communicate with each other concerning the child(ren) on a regular basis; OR We shall communicate with each other concerning the child(ren) as follows (please describe any special conditions or restrictions re communication about the child(ren): 10. Other Agreements Concerning the Child(ren): The following additional provisions relating to the child(ren) shall be included in the Court's Order: 11. Child Support: Until further order of this court, we agree to comply with all provisions of the Child Support Order dated q--- - b .16 5 12. Personal Propencr- (Personal property inzldes all of the property you own other than real estate, e.g. clothing, furnishings, lobile homes, vehicles, bank accounts, etc.) We have divided all of our personal property to our mutual satisfaction. Each person shall be entitled to keep all of the personal property currently in his or her possession. AND/OR (Circle one) The following items of personal property will be transferred from one party to the other: (For each item of property to be transferred, describe the item and identify who has possession of it now and to whom it will be transferred. Also please include a date by which the transfer will occur.) 13.Pensions/Retirement benefits. X- Neither of us has a pension or retirement benefits. One or both of us, has/have a pension or retirement plan described as follows: describe type of plan (401K; IRA; military pension; pension plan acquired through employment with a specific employer): Please describe your agreement as to the disposition of the above described pension or retirement benefits: (If you have decided to divide a pension or retirement account, you may need to file a "Qualified Domestic Relations Order" in order for the transfer to be effective. You may need to obtain the services of an attorney for the purposes of determining whether you need such an order and to assist you in the proper drafting of such an order.) 6 I " 14. Real Estate: We did not own any real estate during the marriage; OR We own real estate located at (Please describe the property e.g. marital home, apartment building, land, etc.. If one person is going to keep the property, identify who the person is and how the other person will be compensated for his or her interest in the property, if appropriate. If the property is going to be sold, please describe your agreement concerning the sale of the property and the division of the proceeds.) We agree to the following with respect to the disposition of the real estate: 15. Marital Debts: (Please list all of the debts which still remain from the marriage and who will have responsibility for paying them. When one person is legally responsible for an account, and the other will be paying some portion of the debt, describe how and when money will be given to the person responsible for paying the debt.) A-&[,) and shall hold the Defendant harmless therefrom. Defendant shall be responsible for the payment of the following debts: i and shall hold the Plaintiff harmless therefrom. 7 Plaintiff shall be responsible for the payment of the following debts: 16. Spousal Maintenance. (Spousal Maintenance is the payment of support from one spouse to the other. It is sometimes also referred to as "alimony".) Neither of us shall pay spousal maintenance for the support of the other. OR: We agree that will pay $ (amount) per as permanent spousal maintenance until his/her death. OR: We agree that will pay $ (amount) per as spousal maintenance until the following event occurs (e.g. remarriage, living with another partner, completion of school, or after a specific time period, etf). 17. Other Agreements: List any other Final Divorce Order: you wish to have included in the 18. may resume her former name of 19. We hereby declare we have each entered into this agreement freely and voluntarily. We believe that it is a fair and reasonable resolution of all of the issues related to our marriage. We request the Court approve this agreement and incorporate all of its terms and conditions into a Final Order and Decree of Divorce. DATE: ' a? d 3 Plaintiff: DATE:Q J . G Defenda NOTE: Any changes made on this document MUST be initialed by both parties. 8 VERIFICATION I, Myrriah Jannette, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. 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: p . Myrri Jannette ?,..? r...,. ``7:1 Q MYRRIAH JANNETTE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-4675 CIVIL ACTION LAW JOSHUA N. ASH DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, August 08, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, September 02, 2008 at 3:00 PM 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. n r•a The court hereby directs the parties to furnish any and all existing Protection from Abuse owers° Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. k FOR THE COURT, ffl :':: c» c?c By: /s/ Dawn S Sunday 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 7P 0 8 2008 MYRRIAH JANNETTE IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2008-4675 CIVIL ACTION LAW JOSHUA N. ASH Defendant IN CUSTODY ORDER OF COURT AND NOW, this ?C1 day of - , 2008, upon consideration of the attached Custody Conciliation Rep t, it is ordered and directed as follows: 1. In the event the parties are not able to reach an agreement as to ongoing custody arrangements for the Child, a Hearing date is reserved in Courtroom Number 5 of the Cumberland County Courthouse on the /0--'day of 20Cq, at I-P-:34) 4.m. The hearing date will be reserved until two (2) weeks prior to th schedul date, by which time counsel for the parties shall contact the Court to either cancel or confirm the hearing date. If the hearing date is not confirmed by the parties or counsel, the hearing will be automatically canceled. In the event a hearing is necessary, the Mother shall be deemed to 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 each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least 10 days prior to the hearing date. 2. The Mother, Myrriah Jannette, and the Father, Joshua N. Ash, shall have shared legal custody of Willow Bella Ash, born August 28, 2001. Major decisions concerning the Child including, but not necessarily limited to, her health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 3. Pending further Order of Court or agreement of the parties, the Father shall have primary physical custody of the Child. The Mother shall have partial physical custody on alternating weekends from Friday after school through Monday, when the Mother shall transport the Child to school. The alternating weekend schedule shall begin with the Mother having custody of the Child on Friday, September 12, 2008. In addition, the Mother shall have custody of the Child from after school on Tuesdays and Thursdays until 7:30 p.m. 4. Both parties shall ensure that the Child attends all regularly scheduled activities during his or her periods of custody. 5. Within sixty (60) days of the date of this Order, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference, if the parties agree that such a conference would be useful to resolve all custody issues by agreement without the necessity of a hearing. 6. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 7. 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, ?*t M. L. Ebert, Jr. cc:?argaret M. Simok, Esquire - Counsel for Mother ? Nora F. Blair, Esquire - Counsel for Father OP 10 : 1 I'd 0 13S HIE MYRRIAH JANNETTE Plaintiff vs. JOSHUA N. ASH Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-4675 CIVIL ACTION LAW IN CUSTODY 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Willow Bella Ash August 28, 2001 Father 2. A custody conciliation conference was held on September 2, 2008, with the following individuals in attendance: the Mother Myrriah Jannette, with her counsel, Margaret M. Simok, Esquire, and the Father, Joshua N. Ash, with his counsel, Nora F. Blair, Esquire. 3. A prior Order was entered by the Court in Vermont, the residence of the parties at the time in October, 2003, under which the Father had sole physical and legal custody and the Mother had partial physical custody of the Child as arranged by agreement with the Father. The Mother filed this Complaint for Custody seeking primary physical custody of the Child. 4. Although the parties were not able to reach an agreement as to ongoing custody arrangements at the conference, there was substantial discussion about the possibility of obtaining a custody evaluation, which will be further considered by the parties. 5. The Mother's position on custody is as follows: The Mother feels that she has been the Child's primary caregiver although the Child spends overnights at the Father's residence. The Mother has custody of the Child everyday from after school until the Father returns from work. The Mother expressed concern that the Father has not or would not take the Child to her activities during the Father's periods of custody (particularly tennis lessons on weekends). The Mother indicated that she had a strong preference for the Child to continue attending the Londonderry School where the Child has been enrolled until this year. The Mother stated that her significant other, with whom she resides, w . . offered to pay the full tuition costs at the private school. The Mother seeks primary physical custody of the Child. 6. The Father's position on custody is as follows: The Father believes that he and his wife can and have been providing a more stable home environment for the Child. The Father indicated that the Child has expressed discomfort to him with spending overnight periods of custody at the Mother's residence with her significant other. The Father stated that he enrolled the Child in the Hampden Elementary School for second grade as neither he nor the Mother was able to independently afford private school tuition. The Father stated that he did not feel comfortable having the Child's tuition payments dependent upon a third party, who could withdraw the financial support at any time, including the Mother's current residence and living expenses. The Father believes it is in the Child's best interest to continue to reside primarily with him. 7. The conciliator recommends an Order in the form as attached reflecting the temporary custody arrangements established at the conference and reserving a hearing date to prevent further delay in having this matter resolved in the event the parties decide not to obtain a custody evaluation or are not otherwise able to resolve the custodial issues by agreement. If a hearing is necessary, it is anticipated that at least one-half day will be required. Date Dawn S. Sunday, Esquire Custody Conciliator MYRRIAH JANNETTE, Plaintiff VS. JOSHUA N. ASH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 20084675 CIVIL TERM IN CUSTODY PETITION FOR EMERGENCY RELIEF AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and petitions the Court for emergency relief, based upon the following: 1. The petitioner herein is the Plaintiff. The respondent is the Defendant. 2. The parties are the parents of one minor child, Willow Bella Ash, now age 7, born 28 August 2001. 3. Custody of the child was the subject of an order entered by the Chittenden County, Vermont, Family Court, which order was entered in 2003, at the time the parties were divorced. That order awarded Defendant full legal and physical custody of the child. 4. Since the Vermont order was entered, the parties, by their conduct and agreement, modified the terms of the custody arrangements for their daughter. When the order was entered, Defendant was residing in Florida and Plaintiff was residing in Vermont. Shortly after that time, both parties moved to Pennsylvania and, over a period of several years, the custody arrangements evolved, by the spring and summer of 2008, into the following: A. The child spent most days with Plaintiff while Defendant worked or attended school. The child spent most weekends from early in the morning until early in the evening in the care of Plaintiff. B. The child spent Saturdays and Sundays on the weekends with Plaintiff. 5. In the summer of 2008, following Defendant's completion of his schooling and commencement at a new job, a dispute arose between the parties as to the custody schedule for the child. In an effort to resolve that dispute, Plaintiff filed the instant action. -1- 6. At the conciliation conference held in this matter on 2 September 2008, Defendant took the position that, in the absence of an agreement between the parties, Plaintiff's rights to custody were controlled completely by the 2003 Vermont order, which gave Plaintiff no custodial periods whatsoever. Faced with that position by Defendant, Plaintiff felt compelled to agree to almost anything Defendant offered. The result was the order entered by this Court on 10 September 2008. 7. Prior to August of 2008, the child involved in this action attended the Londonderry School in Harrisburg, Pennsylvania, for two years. The child has succeeded well at that school and was happily adjusted to the program and the other students at the school. 8. In August of 2008, without prior notice to or consent of Plaintiff, Defendant registered the child to attend public school in Mechanicsburg, where Defendant resides. As a result of that, the child's attendance and enrollment at the Londonderry School has been terminated and the child now attends public school in Mechanicsburg. 9. The prior order in this case was entered by the Honorable M.L. Ebert, Judge of the Court of Common Pleas. 10. Other than the request for a custody evaluation set out in Count I, Defendant does not concur in the requests made in this petition. COUNT I - REQUEST FOR CUSTODY EVALUATION 11. The averments set out in the foregoing paragraphs of this petition are incorporated herein by reference. 12. The issues involved in this case, and how they affect the child, are complicated and complex. As a result, Plaintiff believes that the Court will be well-served if it receives a report and recommendation from a qualified psychologist in the form of a formal Custody Evaluation. 13. Plaintiff believes that Defendant has filed or will shortly file a request that this Court order such a Custody Evaluation. 14. The only dispute between the parties regarding the Custody Evaluation is who should pay for it and who should perform it. With regard to those disputes, Plaintiff's position is as follows: A. Because neither of the parties enjoy significant income, Plaintiff believes that the cost of the evaluation should be divided equally between them. -2- B. Plaintiff proposes that Stanley Schneider of Guidance Associates or that either Arnold Shienvold or Kasey Shienvold of Riegler Shienvold and Associates perform the Custody Evaluation. 15. Plaintiff believes that her position is reasonable and will allow this matter to proceed in a proper course. WHEREFORE, Plaintiff prays this Court to appoint Stanley Schneider, Arnold Shienvold, or Kasey Shienvold to perform the Custody Evaluation in this matter and to further direct that the parties share equally the cost of such evaluation. COUNT II - RESTORATION OF CUSTODY SCHEDULE 16. The averments set forth in the foregoing paragraphs of this petition are incorporated herein by reference. 17. By virtue of the custody arrangements which the parties have made privately, Plaintiff was involved with her child on a daily basis. As a result of that, she and the child formed a strong parent-child bond. 18. Because of the temporary order entered in this matter, that bond, and the relationship between Plaintiff and the child are threatened. Under the current order, Plaintiff has only minimal contact with and periods of custody of the child. 19. Because of the work schedules of the parties, Plaintiff believes that she can accommodate the child's needs and continue to provide daily care for the child. 20. Plaintiff believes that a return to a custody schedule more like the one that the parties had negotiated privately and had in effect for many months or years, will be more beneficial to the child than the current order. 21. Now that this Court has assumed jurisdiction and has entered an order, the order entered by the court in Vermont in 2003 is no longer valid. Accordingly, it is proper for this Court to enter an order which better serves the interests of the child, by modifying the temporary order dated 10 September 2008. WHEREFORE, Plaintiff prays this Court to modify its order of 10 September 2008 and to award shared legal and physical custody of the child, Willow Bella Ash, to the parties such that each of them will have physical custody of the child in alternating weeks, at least until such time as a hearing can be scheduled. -3- COUNT III - RETURN OF CHILD TO LONDONDERRY SCHOOL 22. The averments set forth in the foregoing paragraphs of this petition are incorporated herein by reference. 23. The child succeeded at Londonderry School, which she had attended for two years before the summer of 2008. 24. The child formed attachments to the school, her teachers, and her classmates and friends at the Londonderry School. 25. The change in custodial arrangements for the child have been disruptive to her and to her routine and Plaintiff believes that removing the child from the school of her attendance for the past two years only aggravates that disruption and causes confusion and turmoil for the child. 26. Plaintiff believes that it is in the best interests of the child that she return to and continue her schooling at the Londonderry School. 27. Although Londonderry School charges a tuition, Plaintiff believes the parties can afford to share those tuition payments directly. In addition, the child has, in the past, benefitted from financial aid provided by the school. 28. Plaintiff believes that Defendant's decision to remove the child from the Londonderry School and enroll the child in public school in his home district was motivated by an attempt to gain a technical advantage in the pending custody action, and not by the best interests of the child. WHEREFORE, Plaintiff prays this Court to order and direct that the child be returned to the Londonderry School for her formal education pending further order of this Court. COUNT IV - REQUEST FOR PASSPORT 29. The averments set forth in the foregoing paragraphs of this petition are incorporated herein by reference. 30. Plaintiff has the opportunity to travel outside the United States and would like to be able to take the child with her on such trips. 31. Plaintiff believes that trips outside the United States with Plaintiff will be educational for the child and will broaden her educational and cultural interests and opportunities. -4- 32. To take the child on such trips and expose her to such educational and cultural opportunities, the child needs a United States passport. 33. The child cannot obtain a United States passport without the written consent of both parents. 34. Plaintiff has requested Defendant sign the documents to consent to the issuance of a valid passport to the child. Defendant has refused to sign such documents or consent to the child obtaining a passport. WHEREFORE, Plaintiff prays this Court to require Defendant to execute the documents necessary for the child to obtain a passport. am el L. An es Attorney for Plaintiff P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 -5- I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unworn falsification to authorities). DATE: Oq/30)00, av?k?a J, I., d? Y JANNE E -6- 11 CERTIFICATE OF SERVICE I hereby certify that on 1 October 2008, I served a copy of the foregoing document upon counsel for Defendant by U.S. Mail, postage prepaid, addressed as follows: Nora F. Blair, Esquire P.O. Box 6216 Harrisburg, PA 17112-0216 rs ? I'aL(2-J62 el L. An e Attorney for Plaintiff Supreme Court ID 17225 P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 c? N C., =rj 4 MYRRIAH JANNETTE, Plaintiff V. JOSHUA N. ASH, Defendant :IN THE COURT OF COMMON PLEAS, CUMBERLAND COUN'T'Y, PENNSYLVANIA NO. 2008-4675 CIVIL ACTION LAW :CIVIL ACTION -- CUSTODY MOTION FOR CUSTODY EVALUATION AND FOR APPOINTMENT OF GUARDIAN AD LITEM AND NOW comes Joshua N. Ash, by and through his attorney, Nora F. Blair, Esquire, files this Motion for Custody Evaluation and for Appointment of Guardian ad Litem and in support thereof avers as follows: 1. Defendant is Joshua N. Ash who resides at 135 Stanford Court, Mechanicsburg, Pennsylvania 17050. 2. Plaintiff is Myrriah Jannette who resides at 4025 Crooked Hill Road, Harrisburg, Pennsylvania 17110. 3. Plaintiff and Defendant are the parents of one minor child: Willow Bella Ash, born August 28, 2001. 4. A custody conference was held on September 2, 2008. 5. The parties were unable to reach agreement at the conference. 6. The parties disagree regarding where the minor child should reside primarily. 7. The Conference Summary Report indicated that a custody evaluation was discussed at the conference and would be further discussed. 8. Joshua N. Ash believes that it is important to have a custody evaluation performed to assure that all appropriate information is available to the Court for making a decision. 9. Myrriah Jannette has not made a decision regarding the custody evaluation. This has been complicated by her apparent changing of counsel. 10. A custody evaluation will provide the Court with more information regarding the parties, other household members and the minor child. 11. It is requested that Deborah L. Salem, CACD, LPC, serve as the custody evaluator. 12. It is respectfully requested that the cost for the custody evaluation be paid by Plaintiff, Myrriah Jannette. 13. Plaintiff is in a relationship with Alex Grass and as a result has greater access to resources for payment of the cost for the custody evaluation. 14. A Child Support Order was entered in Chittenden Circuit Court, Vermont on April 15, 2003. 15. The guidelines amount in Vermont indicated a monthly obligation of $328.20 per month. 16. A deviation was made in the amount of support because the minor child would be living in Florida and Myrriah Jannette would need to pay the cost for airfare to visit her daughter. A copy of the Child Support Order is attached hereto, marked Exhibit "A" and incorporated herein by reference. 17. 18. 19. 20. 21. Since August, 2003, the parties have resided within a few minutes drive of each other. The support arrears are as follows: Support for 04-15-03 to 08-31-03 (75.00/month) $ 337.50 Support for 09-01-03 to 08-31-08 (328.20/month) 19,692.00 Payments 4-15-03 to 4-27-05 - 1,875:00 Payments 4-27-05 to 09-30-05 -605.00 Balance of Support Due $17,549.50 Joshua Ash filed a support action with the Cumberland County Office of Domestic Relations on August 14, 2008. Joshua Ash is willing to forgive all arrears in the Vermont support action that accumulated prior to the filing for support through Cumberland County Office of Domestic Relations if Plaintiff Myrriah Jannette pays the full cost of the custody evaluation. It is also believed that the best interest of the minor child in this matter would be served by having a guardian ad litem appointed for the minor child. 22. It is requested that the Children's Advocacy Clinic be appointed as the guardian ad litem for the minor child. WHEREFORE, it is respectfully requested that Your Honorable Court Order that the parties participate in a custody evaluation with Deborah L. Salem, CACD, LPC., that the cost for the evaluation be paid by Plaintiff Myrriah Jannette, and that The Children's Advocacy Clinic be appointed as the guardian ad litem for the minor child. DATED: Z 0, Post Office Box 6216 Harrisburg, PA 17112-0216 (717) 541-1428 Supreme Court ID 45513 5440 Jonestown Road Form 802 CHILD SUPPORT ORDER Page I Vermont County Docket Number / ,.- Fl?tiv IN THE MATTER Of:-' Plain iff VMS- De Sf nt J4 ??? S OBLIGOR (Person Who Must Pay Support) OBLIGOR'S EMPLOYER Last Name 1- T, First Name Initial \? Name t ? x lY l Street Address( 1 W 1-?? 3?/ \ T? Street Address n I? S t t A" " n r??{, /y City State Zip Code ooo-3 City State "if, Zip Code cx D Telephone Number Telephone Numb Social Security Number Date of Birth ?? 5 la ?? 14 OBLIGEE (Person Who Receives Support) OBLIGEE'S EMPLOYER Last Name First Name Initial Name /? S h ?SrU' A Street Address Street Address w City State Zip Code City State Zip Code 3 -27 V tc Telephone Number Telephone Number Social Security Number Date of Birth l-)? (/? -,?wo I -a o ?) 9( CHILDREN WHO ARE SUBJECT TO THIS ORDER: Last Name Arst Name W M. Date of Birth Z? Qt Grade Social Security Number Last Name First Name M. Date of Birth Grade Social Security Number Last Name First Name M_ Date of Birth Grade Social Security Number Last Name First Name M. Date of Birth Grade Social Security Number Last Name First Name M. Date of Birth Grade Social Security Number Last Name First Name M. pate of Birth Grade Social Security Number Form 802 Rev. 1/02 SML ' CHILD SUPPORT ORDER DOCKET NO. I - Page 2 1. TYPE OF HEARING, DEFAULT OR STIPULATION This order is entered upon ? default (failure to file an answer) ? after default hearing (when one or more parties fail to appear) after hearing (when parties are present and/or represented by counsel) ? approval of the parties (stipulation filed) 11. PARENTAL RIGHTS AND RESPONSIBILITIES FINDINGS AND BASIS OF ORDER A) Physical responsibility for the child(ren) for the purpose of child support is: primarily with oshv? AS " ? split as follows: Child(ren): with name of parent Child(ren): with name of parent ? shared as follows: % of time with name of parent of time with name of pareot B) Physical responsibility is based on: ?T a stipulation of the parties dated 0 3 o e" C) Children) is/are m the custody of others. D) Additional information: III. CURRENT CHILD SUPPORT ? This is the result of a child support worksheet which is attached and incorporated as Findings in this Order and which includes information on other child support related costs, such as child care, extraordinary medical and/or educational expenses. ORDER A) Beginning Date: the Obliger shall pay child support in the amount of $ v per time period: B) Beginning Date: a Obf Tiger shall pay maintenance s ernent m the amount of $ per time period: Form 802 Rev. 1/02 SML CHILD SUPPORT ORDER DOCKET NO. ?- IV. ARREARS ON PAST DUE CIRLD SUPPORT/REPAYMENT PROVISIONS A) ARREARS OWED TO THE OFFICE OF CHILD SUPPORT: Page 3 Beginning Date: a ob iger shall pay the Office of Child Support the sum of $ per (time od): r s a judgment in the amount of $ FEE a of (date): This judgment consists of past due support $ , medical expenses $ service fees $ civil penalty $ , Attorney fees $ other B) ARREARS OWED TO THE OBLIGEE: Beginning Date: the Obliger shall pay to the Obligee $ per (time period): toward ' gment in the amount of as of (date): This judgment nsists of past due suppo $ medical expenses $ [:::= ;service f s $ ;civil penalty $ Attorney fees $ ; other C) ARREARS OWED TO ANOTHER PERSON OR AGENCY: Beginning Date: the Ob? shall pay to the $ FEEj per (ti period): tow s a judgment in the amount of $ as of (date): D) ADDITIONAL: V. METHOD OF PAYMENT ? A) WAGE WITHHOLDING ORDE i) Beginning Date: any ployer of the Ob ' er shall deduct the sum of $ E:== 'per (time perm This deducted amount shall be paid directly to: OFFICE OF CHILD SUPPORT, SUPPORT REGISTRY, 103 S. MAIN STREET, WATERBURY, VT 05671-1901. (NOTE: This provision of this order is subject to the limits on withholding contained in 15 U.S.C. §I673(b) and §303(b) of the Consumer Protection Act.) Form 802 Rev. 1/02 SML CHILD SUPPORT ORDER DOCKET NO. Page 4 2) At any time the child support obligation is not being p ' rough wage withholding, the responsible parent shall send the payments to the 11 Office of Child Suppor ? the Obligee. (NOTE: Any direct Payments made by a Obligor to the Obligee will not be reflected in OCS records unless OCS received written notification of the direct payment). ? B) DIRECT PAYMENT - Based upon: ? 1) Stipulation of the parties or ?p 2) Evidence presented at hearing 1) Beginning Date: Obligor shall pay the sum of $ per (time period): to the Office of Child Support. This amount shall be paid directly to: Office of Child Support, Support Registry, 103 S. Main Street, Waterbury, VT 05671-1901. 2) Beginning Date '--A l '10:;7-] the Obligor shall pay the sum of $ 7? per (time period): a to the Obligee. (NOTE: If the court finds, after a hearing on a petition, that any support payment has been late by 7 days or more, the court may issue a wage withholding order, pursuant to 15 V.S.A. section 782.) I VI. HEALTH INSURANCE AND EXPENSE PROVISION A) The 0i'Dbligor and/or P!Fbbligee is ordered to provide and maintain the foilgqw ing health insurance cov?ge for the, minor child(ren) identified on page I as being subject to this order. ( bJ tAbpow 0- rea Spa / C ? t>=S? Current Policy: Policy or Certificate ber Name of Subscriber Plan Name and Address Subscribers I.D. Number B) Medical or other health expenses that are unreimbursed by insurance (including but not limited to expenses for eye, dental, mental health, health plan deductible) shall be shared/split as follows: Obligor 3Q % Obligee C) Additional Orders: Form 802 Rev. 1/02 SML CHILD SUPPORT ORDER DOCKET NO. I - Page 5 1) If employed, a parent under a medical support order shall notify his/her employer of such obligation, in writing, within 10 days of the date of this order. 2) If self-employed or unemployed, a parent under a medical support order shall notify his/her healthcare insurer of such obligation in writing within 10 days of the date of this order. 3) A parent is liable for any unreimbursed health care costs of the child(ren) that result from a parent's failure to give notice/obtain insurance as ordered above, which accrues between the date of this order and the date that the order is modified by the Court. 4) if a parent has health insurance through an entity other than his/her employer, that parent shall be responsible for maintaining that insurance and complying with any notice requirements under the policy in effect. Failure to do so will make the parent liable for paying any unreimbursed health care expenses that accrue between the date of this order and the date this order is modified by the Court. 5) If a parent pays a health expense of a child subject to this order and the other parent receives reimbursement from insurance for the expense, the reimbursement shall be sent to the parent who advanced payment, within 7 days of receipt. If the child(ren) also have Medicaid coverage, payment is to be sent to the: Department of Social Welfare, Medicaid Division, 103 S. Main Street, Waterbury, VT 05676, within 7 days. 6) The parties shall provide each other with copies of bills for health expenses and documentation of insurance determination within 7 days of receipt. The parent who maintains insurance shall also provide the other parent with a health insurance card, claim forms and a list of benefits and restrictions within 10 days of the date of this order. 7) Each party shall notify the: Office of Child Support Registry, 103 South Main Street,. Waterbury, VT 05671-1901 within 7 days of a change in address, employment or health insurance carrier. This notification requirement applies until all obligations to support arrearages or orders to provide visitation are satisfied. VII. ADDITIONAL FINDINGS AND ORDER ADDITIONAL FINDINGS A) ? A Relief from Abuse Order exists for these parties under Docket No. B) ? A party's address is omitted for confidentiality purposes after a court-finding of good cause. C) ? Other: Form 802 Rev. 1/02 SML CHILD SUPPORT ORDER DOCKET NO. Page 6 IVIII. DURATION OF CHILD SUPPORT A) This order shall remain in effect unless and until it is changed or discontinued by further order of the Court or operation of law. B) Unless otherwise specified, an Obligor's support obligation will continue beyond a child's eighteenth birthday if the child is enrolled m, but has not completed high school C) If wage withholding is ordered and an arrearage exists when the support obligation terminates, the monthly current obligation and any arrearage repayment plan shall not be reduced until the amount is satisfied. The above is stipulated by the paities. Signature of Obligor Date Signature of Obligee Date Approved as to Form Signature of Obligors Attorney Date Signature of Obligee's Attorney Date OCS Representative Date ACCEPTANCE OF SERVICE I have received a copy of this Order and I waive all other service. or D e Obligee Date i NOTICE OF RIGHT TO APPEAL An order signed by the Magistrate or Presiding Judge may be appealed by filing a Notice of Appeal with the Clerk of the Family Court within 30 days of filing of this order. Form 802 Rev. 1/02 SML Assistant Judge Date Assistant Judge Date CHILD SUPPORT ORDER DOCKET NO. Page 7 NOTICE OF A PARENT'S RESPONSIBILITY AND RIGHTS A) THIS IS A COURT ORDER All parties are expected to comply with all terms of this Order. The address provided to the Court shall remain the same for service of future actions and/or orders unless a parent notifies the court of a change. B) A PARTY HAS THE RIGHT TO SEEK MODIFICATION OF THE ORDER BY FILING AN ACTION IN COURT A party has the right to request a modification of the child support order based upon a real, substantial, unanticipated change of circumstances or if the support amount has not been modified by the Court for at least three years from the date of the last order. C) RIGHT TO SEEK ENFORCEMENT OF THE ORDER 1. A party may place liens on real or personal property. 2. A party may request the Court to: a) place assets in escrow. b) suspend any and all licenses owned by the Obligor. This may include, but is not limited to, professional, hunting, fishing, or motor vehicle driver's licenses. c) grant a civil penalty when noncompliance of the support is willful. d) order wage withholding if the support amount is at least 7 days delinquent. e) find the Obligor in Contempt if there is willful noncompliance with this order. D) IN ADDITION TO THE REMEDIES LISTED ABOVE: A party has the right to request assistance from the Vermont Office of Child Support in the effort to enforce this Order. If the Office of Child Support is or becomes involved in this case, based either on a current or future request for their services, or otherwise, the Office is not limited to but may take the following steps when appropriate: 1. use any lawftil collection remedies to collect any outstanding balance from the Obligor, regardless of any repayment plan on any unpaid debts. 2. certify all qualifying child support debts to the Vermont Tax Department and/or the Federal Treasury Offset Program for the purpose of intercepting tax returns and/or other payments (i.e., vendor payments, passport denial, etc.) 3. report an Obligor's account balance to consumer credit reporting agencies and/or request a copy of the report. 4. administratively issue a wage withholding order for current support and/or arrearages in excess of 1/ 12 of the annual support obligation. 5. freeze bank accounts and take the proceeds to satisfy past due support. Form 802 Rev. 1/02 SML Family Court of Vermor Unit No. 2, Chittenden Cir 32 Cherry Street, Suite Burlington, VT 05401 www.VermontJudiciary.org - (80 Docket Number: 171-2-03 Cndm Number of Child(ren): 1 Custodial parent, Joshua Ash. Noncustodial parent, Myrriah Ash. PART I. CALCULATING MONTHLY AVAILABLE INCOME 1. Monthly Gross Income a. - Self-Employment/Spousal Support Adjust 2. Monthly Adjusted Gross Income 3. Monthly After Tax Income a. - Pre-existing Child Support b. - Health Insurance c. - Additional Adjustment 4. Monthly Unadjusted Available Income a. - Additional Dependent Adjustment 5. Monthly Available Income PART II. CALCULATING THE CHILD SUPPORT OBLIGATION 6. Proportional Share of Income 7. Child Support Guideline Amount a. Qualified Child Care b. Extraordinary Medical Expenses c. Extraordinary Educational Expenses 8. Combined Family Expenditures 9. Parental Support Obligation PART III. ABILITY TO PAY CALCULATION 10. Self-Support Reserve 11. Income Available for Support 12. Monthly Support Payable 13. Monthly Incomes after Payment 14. Maintenance Supplement FILED u 00 l J03 IT) Aril 16, 2003 Sole Custody Work Sheet Custodial Non- Combined Custodial 1473.33 1821.73 0.00 0.00 1473.33 1821.73 1444.00 1437.00 0.00 0.00 0.00 0.00 0.00 0.00 1444.00 1437.00 0.00 0.00 1444.00 1437.00 50.12 49.88 329.80 328.20 865.00 572.00 328.20 1772.20 1108.80 2881.00 658.00 0.00 0.00 0.00 658.00 COMMENTS, CALCULATIONS, OR REBDTTALS TO SCBEDULE : MYRRIAH JANNETTE, Plaintiff V. JOSHUA N. ASH, Defendant :IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-4675 CIVIL ACTION LAW : CIVIL ACTION -- CUSTODY CERTIFICATE OF SERVICE I hereby certify that I have this date served a copy of the Motion for Custody Evaluation and for Appointment of Guardian ad Litem on the person in the manner stated below which service satisfies the requirement of Pa.R.C.P. No. 440. SERVICE BY FIRST CLASS MAIL TO: Stephen J. Dzuranin, Esquire 508 North Second Street PO Box 845 Harrisburg, PA 17108-0845 Margaret M. Simok, Esquire 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Samuel L. Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 Date: j v Z _ L) ?, submitted, F. Blair MYRRIAH JANNETTE, PLAINTIFF V. JOSHUA N. ASH, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4675 CIVIL IN RE: PLAINTIFF'S PETITION FOR EMERGENCY RELIEF ORDER OF COURT AND NOW, this 3`d day of October, 2008, upon consideration of the Plaintiffs Petition for Emergency Relief, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted, 2. The Defendant will file an answer on or before October 24, 2008; 3. The Prothonotary is directed to forward said Answer to this Count. 4. A status conference with counsel will be held on Friday, October 31, 2008, at 8:30 a.m. in chambers of Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, M. L. Ebert, Jr., J. .,//Samuel Andes, Esquire ZNora Attorney for Plaintiff Blair, Esquire Attorney for Defendant Zstephen J. Dzuranin, Esquire (Information copy only) bas on rr 1 !Ul.2/o8 nw ri ?} L ? ,.Z1 W d E-100 88DZ h C "Ni ?Q Samuel L. Andes I.D. No. 17225 525 N. 12th Street Lemoyne, PA 17043-1213 (717) 761-5361 MYRRIAH JANNETTE, Plaintiff V. JOSHUA N. ASH, Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4675 Civil Term CIVIL ACTION - LAW IN CUSTODY PRAECIPE Please withdraw the appearance of Maria P. Cognetti & Associates and Margaret M. Simok, Esquire and enter the appearance of Samuel L. Andes, Esquire on behalf of the Plaintiff in this proceeding. MARIE P. COGNETTI & ASSOCIATES Date:-3D-0B By: Marga t M. Simok, Esquire Attorney ID No. 89633 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 (717) 909-4060 By. Samuel L. ndes, Esquire Attorney ID No. 17225 525 N. 12th Street Lemoyne, PA 17043-1213 (717) 761-5361 c ?a ; 8 CO r of !i MYRRIAH JANNETTE, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - CUSTODY JOSHUA N. ASH, DEFENDANT NO. 08-4675 CIVIL ORDER OF COURT AND NOW, this 9th day of October, 2008, upon consideration of the Motion for Custody Evaluation and for Appointment of Guardian Ad Litem filed by the Defendant, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Plaintiff to show cause why the relief requested should not be granted; 2. The Plaintiff will file an answer on or before October 31, 2008; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Defendant shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Plaintiff files an answer to this Rule to Show Cause, the Court will determine if further Order of Court or hearing is needed. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, - *,? ?-4 1 M. L. Ebert, Jr., J. ? Nora F Blair, Esquire Attorney for Defendant P. O. Box 6216 Harrisburg, PA 17112-0216 VStephen J. Dzuranin, Esquire P. O. Box 845 Harrisburg, PA 17108-0845 I 4 C 0 I ld 6--130 GIOGZ ,, ./Margaret M. Simok, Esquire 210 Grandview Avenue Suite 102 Camp Hill, PA 17011 /Samuel L. Andes, Esquire P. O. Box 168 Lemoyne, PA 17043 bas COP Iks f"-*XLtUL ID/9lOa MYRRIAH JANNETTE, ) Plaintiff ) vs. ) JOSHUA N. ASH, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-4675 CIVIL TERM IN CUSTODY PLAINTIFF'S ANSWER TO DEFENDANT'S MOTION FOR CUSTODY EVALUATION AND FOR APPOINTMENT OF GUARDIAN AD LITEM AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and makes to following Answer to Defendant's Motion: 1 through 7. Admitted. 8. Plaintiff believes that both parties feel a custody evaluation would be helpful to develop the information required by the Court to make a decision in this case. 9. Denied. Plaintiff filed a Petition for Emergency Relief in this matter on 2 October 2008 in which she specifically requested a custody evaluation be performed. 10. Admitted. 11. Admitted in part and denied in part. Plaintiff admits that Defendant requests that Ms. Salem perform the evaluation. Plaintiff does not wish Ms. Salem to do the evaluation and believes an evaluation would be more properly done by either Guidance Associates or the firm of Riegler & Shienvold. 12. Admitted in part and denied in part. Plaintiff admits that Defendant requests that Plaintiff pay the entire cost of the custody evaluation but denies that she is financially able to do so. In fact, at the current time, and historically, Defendant has enjoyed greater income than Plaintiff and is in a better position to pay at least a substantial portion of the cost of the evaluation. 13. Admitted in part and denied in part. It is admitted that Plaintiff has relationship with another man but it is denied that man has any obligation to pay for the custody evaluation in this case. 14. Admitted. 15. Admitted. 16. Admitted. 17. Admitted. 18. Denied as stated. Although there is an arrearage reported on the Vermont order, that arrearage resulted from the parties agreement to suspend the support order when both of them were residing in Central Pennsylvania, both of them were essentially sharing physical custody of the child on an equal basis, and both of them were sharing in a substantially equal fashion the costs of supporting the child, including her private school. As a result, Plaintiff denies there is any arrearage under the order or, in the alterative, disputes the arrearage now claimed by Defendant. 19. Admitted. 20. Plaintiff acknowledges that Defendant has made that offer but such offer is not satisfactory to Plaintiff. 21. Denied. Plaintiff denies that the best interest of the child, or the effective resolution of this matter, will be served by an appointment of a guardian ad litem for the child for many reasons, which include the following: A. The parties have both agreed that a custody evaluation should be performed and the evaluator will be in a far better position to meet with the child, evaluate the child's needs and desires, and make an effect report to the court; and B. There is no averment in Defendant's Motion, and in fact no fact in this case, that indicates that the child needs the services of an independent attorney or guardian ad litem; and C. Bringing another attorney into the case will only complicate the proceedings without any compensating advantage to the child or to the court; and D. Appointing a guardian ad litem for the child will only increase the costs to the parties who are already over-burdened by the costs of the case, including the evaluation which both parties have now requested. . 22. Admitted in part and denied in part. Plaintiff admits that Defendant requests that clinic be appointed but denies that an appointment of that clinic, or any other person or entity, to serve as the attorney for the child or as the child's guardian ad litem is appropriate or necessary. WHEREFORE, Plaintiff moves this court to appoint Guidance Associates or Riegler & Shienvold, and specifically Stanley Schneider, Arnold Shienvold, or Kasey Shienvold, to perform a custody evaluation in this case and report to the parties and to the Court and to deny Defendant's Request for the Appointment of a Guardian Ad Litem. Samuel L. Andes Attorney for Plaintiff Supreme Court ID 17225 525 North 12th Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing document upon counsel for the Defendant herein by regular mail, postage prepaid, addressed as follows: Nora F. Blair, Esquire 5440 Jonestown Road P.O. Box 6216 Harrisburg, PA 17112 The Honorable M.L. Ebert, Jr. Judge of the Court of Common Pleas Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Date: 14 October 2008 , Amy M. rkins S retary for Samuel L. Andes w?? f? _t ??? i i1 1 ? ;.7 ?., ? L.?t r .,..?.? -?re i t ti ,.,, St"t m w... -t MYRRIAH JANNETTE, Plaintiff V. JOSHUA N. ASH, Defendant :IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-4675 CIVIL ACTION LAW :CIVIL ACTION -- CUSTODY ANSWER TO PLAINTIFF'S PETITION FOR EMERGENCY RELIEF AND NOW comes Defendant, Joshua N. Ash, by and through his attorney, Nora F. Blair, Esquire, files this Answer to Plaintiff's Petition for Emergency Relief and in support thereof, avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted in part. Denied in part. It is admitted that the parties worked out a schedule that was different than that set forth in Order entered at the time of their divorce. It is specifically denied that the minor child spent most days with Mother. To the contrary, the minor child continued to reside primarily with Father. A. Denied as stated. It is specifically denied that the minor child spent most days with Mother or that the minor child spent most weekends from early in the morning until early in the evening in the care of Mother. To the contrary, in the spring of 2008, the minor child left for school from Father's home, spent the time after school until 5:30 p.m. with Mother and was then with Father until she went to school the next day. Further the minor child was with Father from Friday afternoon until 4:00 p.m. on Saturday and with Mother from 4:00 p.m. on Saturday to 7:30 p.m. Sunday. B. Denied as stated. The intended implication of the statement is specifically denied. As indicated above, the parties split each weekend with the minor child spending each Friday afternoon to 4:00 p.m. Saturday with Father and the minor child spending each Saturday from 4:00 p.m. to 7:30 p.m. Sunday with Mother. 5. Denied. It is specifically denied that a dispute arose at the time that Father completed his schooling. To the contrary, Father and his wife graduated on May 10, 2008, the minor child ended the school year in early June, 2008, and the parties agreed to share time with their daughter during the day until Father started his employment on July 9, 2008, and to continue to split the weekends as indicated above. When Father began employment, the minor child was with Mother while Father was at work and with Mother from 4:00 p.m. Saturday to 7:30 p.m. Sunday. The exceptions to this schedule were when Mother was out of the country for thirty-five days over the summer from June 16, 2008, to June 29, 2008; and from August 2, 2008 to August 22, 2008. 6. Denied. It is specifically denied that Father took the position that in absence of an agreement between the parties, Plaintiffs rights to custody were controlled completely by the 2003 Vermont order. To the contrary, Father indicated at the custody conference that without the agreement of the parties otherwise, the status quo should remain until after a hearing by the Court. Father further indicated his desire to have a custody evaluation performed. By way of further response, there was extended discussion at the conference regarding an interim schedule that would work best given the distance between the parties. It was agreed that the parties would alternate weekends from Friday after school to Monday at school and that Mother would have the minor child on Tuesdays and Thursdays from after school until 7:30 p.m. 7. Admitted in part, denied in part. It is admitted that the minor child attended the Londonderry School for two years. It is specifically denied that the minor child did well from an educational perspective. To the contrary, the minor child is now in a reading clinic in public school to get her on grade level and does not know over half of the spelling words that she should have learned in first grade. By way of further response, the minor child attended Londonderry School on a scholarship for the two years, but with Father and his wife employed full-time, that scholarship would no longer have been available. While Mother's paramour offered to pay the tuition, Father did not believe that was appropriate give the short- term nature of the relationship and the inability of Father and Mother to afford the tuition in the event Alex Grass no longer wished to pay that cost. 8. Denied. It is specifically denied that Father did not provide prior notice to Mother that the minor child would be enrolled in public school. To the contrary, Father discussed this with Mother many times and it was discussed among Father, father's wife, Mother and Mother's paramour. By way of further response, the minor child's enrollment at Londonderry was not terminated as she was never enrolled there for the 2008-2009 school year. 9. Admitted. 10. Admitted. COUNT I - REQUEST FOR CUSTODY EVALUATION 11. The answers in the prior paragraphs are incorporated herein by reference. 12. Admitted in part. Denied in part. It is admitted that this case would benefit from a custody evaluation. In fact at the custody conference, Father indicated his desire for a custody evaluation. It is specifically denied that it is necessary to have the evaluation performed by a psychologist. To the contrary, it is important for there to be a complete evaluation performed by an experienced evaluator who has no prior contact with any of the parties or those who will be involved in the evaluation. 13. Admitted. 14. Admitted. It is admitted that the disputes between the parties are with regard to who will pay the cost of the evaluation and who will perform the evaluation. A. Denied. It is specifically denied that the cost of the evaluation should be equally shared by the parties. To the contrary, the resources available to Mother are more significant than those available to Father. Upon information and belief, Mother is paid $36,000.00 per year'to be the personal assistant to Alex Grass -- more than Father's income from his employment. These resources are evidenced by Mother's three out- of-country trips since in June, 2008, Mother's recent plastic surgery to have breast augmentation and that Mother drives a new Mercedes. By way of further response, Father has offered to forgive the child support arrears that have accrued since Mother's last payment in 2005 if Mother pays the cost of the evaluation. B. Admitted. It is admitted that Plaintiff proposes to use Stanley Schneider of Guidance Associates or that Arnold Shienvold or Kasey Shienvold of Riegler Shienvold and Associates perform the Custody Evaluation. By way of further response prior to the Petition for Emergency Relief being filed, counsel for Father had indicated to counsel for Mother that the evaluation should be conducted Deborah L. Salem, CACD, LPC to assure a neutral evaluation. 15. No response is required to Plaintiff"s beliefs. If an answer is deemed to be necessary, it is denied that Plaintiff's position is the reasonable position. Father believes that it is reasonable for Mother to pay the full cost of the evaluation where she has not paid any child support in over three years. Further Father believes that it is imperative that the evaluation be performed by someone with no prior contact with any of the participants in the evaluation. WHEREFORE, Defendant respectfully requests that Your Honorable Court deny Plaintiffs request, appoint Deborah L. Salem, CACD, LPC to perform the custody evaluation, and direct that the cost of the evaluation be the sole responsibility of Plaintiff. COUNT II - RESTORATION OF CUSTODY SCHEDULE 16. The answers in the prior paragraphs are incorporated herein by reference. 17. Admitted in part. Denied in part. It is admitted that Plaintiff was in the minor child's life everyday as long as she was in the country, however Plaintiff was out of the country for five weeks during the summer and for eight days immediately after the custody conference. It is specifically denied that the current schedule is damaging to the minor child. To the contrary the current schedule provides for significant time with both parents. 18. Denied. It is specifically denied that the current Order provides Plaintiff with only minimal contact with the minor child. To the contrary, Plaintiff now has three out of fourteen overnights instead of two out of fourteen. Further Plaintiff has longer periods of time on two evening per week which avoids the excessive amount of time that the minor child spent in the car under the prior schedule. 19. Denied. It is specifically denied that Plaintiff is in a good position to accommodate the child's needs and provide daily care for the child. To the contrary, Plaintiff spends too much time out of the country to be able to provide consistency in the minor child's life. 20. Denied. It is specifically denied that the former schedule was in the minor child's best interest. To the contrary, the current schedule provides significant time with each parent and avoids the excessive amount of time spent in the car each day by the child. 21. Admitted in part. Denied in part. It is admitted that Cumberland County has jurisdiction to modify the custody order. It is specifically denied that such is in the minor child's best interest. To the contrary, the current order provides more overnights with Plaintiff than under the parties' prior agreement. By way of further response, Plaintiff in the paragraphs of this Count has requested that the schedule return to that which existed by agreement of the parties, but in her "Wherefore" statement requests a week on/week off schedule which is well beyond the six overnights with Father/ one overnight with Mother schedule that had existed prior to the September 10, 2008, Order. WHEREFORE, Defendant respectfully requests that Your Honorable Court maintain the schedule as established by its order of September 10, 2008, or enter an order setting forth the terms of the parties agreement that had been followed prior to the custody conference. COUNT III - RETURN OF CHILD TO LONDONDERRY SCHOOL 22. The answers in the prior paragraphs are incorporated herein by reference. 23. Admitted as stated. Denied as to the implications of statements. While it did seem that the minor child succeeded at the Londonderry School, Father was informed by the public school recently that the minor child needs to attend the reading clinic room for extra help with reading because her reading is not at grade level. In addition the minor child could not spell over half of the words that she should have been taught in first grade. 24. Admitted with clarification. It is admitted that the minor child had formed bonds with the teachers and students at the Londonderry School. Not only is the cost of Londonderry beyond the means of Mother and Father on their own, but at some point the minor child would need to attend a different school as Londonderry only goes through the eighth grade. 25. Denied. It is specifically denied that the change in custodial arrangements has been disruptive to the minor child other than the fact that the minor child does not enjoy being at Mother's paramour's house. Further it is specifically denied that the change in school has had a negative impact on the minor child. In fact, the change at this time has likely brought to light the educational needs of the minor child that were not being met at Londonderry. 26. Denied. It is specifically denied that having the minor child return to Londonderry is in her best interest. To the contrary, there are no resources available to pay the cost for Londonderry other than Mother's short-term paramour. Further it is in the minor child's best interest for her to get the assistance with reading and spelling that she needs to be at grade level. 27. Admitted in part, denied in part. It is admitted that Londonderry School charges a tuition and that the child has benefitted from financial aid in the past. In fact, the tuition was just $120.00 per month for the child to attend the Londonderry School. However the minor child is no longer eligible to receive financial aid from Londonderry School and the tuition for Londonderry School is $6,950.00 per year. It is specifically denied that Mother and Father could afford the tuition on their own. 28. Denied. It is specifically denied that Father was motivated by an attempt to gain a technical advantage in the pending custody action. To the contrary, the discussion and decision regarding enrolling the minor child in public school had occurred prior to the custody action being filed. Further it appears that Mother may be attempting to gain a technical advantage is having the minor child attend Londonderry School which is closer to her current residence that to Father's home. By way of further response. Defendant's decision to enroll to minor child in public school is based on following: a. To make new friends and form lasting bonds in elementary school instead of trying to make that happen in high school. b. The minor child is afraid to ride the van to school because of an accident the van was involved in last year. The new school is in walking distance of Father's home. C. The school district (Cumberland Valley) that the minor child is attending is one of the best in Central Pennsylvania. d. The public school offers programs that the Londonderry School does not, such as music, gym, and the reading clinic. e. The minor child is not eligible for financial aid any longer. WHEREFORE, Defendant respectfully requests that Your Honorable Court deny Plaintiff's request to return the minor child to the Londonderry School. COUNT N - REQUEST FOR PASSPORT 29. The answers in the prior paragraphs are incorporated herein by reference. 30. Admitted. 31. Defendant is without knowledge as to what Plaintiff believes. 32. Admitted. 33. Admitted. 34. Admitted. By way of further response, Father has refused to sign for the passport because he does not believe it is in the minor child's best interest to travel with Mother and her paramour. These are not family vacations that would be of educational and cultural benefit to the minor child. To the contrary, Father is concerned that Mother would leave the minor child with people that she had just met as she has done in the past so that Mother could go out and enjoy herself. Further, Father does not believe it is in the minor child's best interest for her to be taken out of school to travel with Mother. WHEREFORE, Defendant respectfully requests that Your Honorable Court deny Plaintiffs request for Defendant to execute the required documents necessary for the child to obtain a passport. Supreme Court ID #45513 5440 Jonestown Road Post Office Box 6216 Harrisburg, PA 17112-0216 (717) 541-1428 VERIFICATION I verify that the statement made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements therein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Dated: MYRRIAH JANNETTE, Plaintiff V. JOSHUA N. ASH, Defendant :IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-4675 CIVIL ACTION LAW :CIVIL ACTION -- CUSTODY CERTIFICATE OF SERVICE I hereby certify that I have this date served a copy of the Answer to Plaintiff s Petition for Emergency Relief on the person in the manner stated below which service satisfies the requirement of Pa.R.C.P. No. 440. SERVICE BY FIRST CLASS MAIL TO: Samuel L. Andes, Esquire 525 North Twelfth Street PO Box 168 Lemoyne, PA 17043 Date: October 20, 2008 Respect f,dll)(submitted, for F. Blair Supreme Court ID 45513 5440 Jonestown Road P.O. Box 6216 Harrisburg, PA 17112-0216 (717) 541-1428 r-: rv r_: c.? `? `` ? c? ? ' ? - -? ? ?., tV r?-??? ? z ?? 2 ? ? ?? ,. ,. ? .? . MYRRIAH JANNETTE, ) Plaintiff ) vs. ) JOSHUA N. ASH, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-4675 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW this 5r-- day of `t) 6LCuXc.,,- , 2008, following a conference in chambers with counsel for both parties, and in response to the Plaintiff's Request for a passport for the child, we order and direct as follows: 1. The Plaintiff is authorized to take the child who is the subject of this litigation, Willow Bella Ash, born 28 August 2001, on a vacation to the US Virgin Islands in late December. The vacation must commence after Christmas Day and end before the child's scheduled return to school in January. 2. The Plaintiff shall, at least two weeks prior to departing on the vacation with the child, advise the Defendant in writing, of the itinerary of the trip and provide to the Defendant a means of contacting Plaintiff and the child during the trip in the event of any emergency. 3. The Defendant shall, within five (5) days that it is presented to him, complete and execute and return to the Plaintiff a United States passport application. BY THE COURT, Distribution: Samuel L. Andes, Esquire (Attorney for Plaintiff) 525 North 12"' Street, P.O. Box 168, Lemoyne, PA 17043 (I Nora F. Blair, Esquire (Attorney for Defendant) 5440 Jonestown Road, P.O. Box 6216, Harrisburg, PA 17112 4 3 S S :6 14V S- AON 0001 v? a` MYRRIAH JANNETTE, Plaintiff VS. JOSHUA N. ASH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-4675 CIVIL TERM IN CUSTODY ORDER OF COURT th AND NOW, this '1? day of le*oov-4 , 2009, upon the stipulation of the parties, we vacate our prior order of September 10, 2008 and replace it with the following: 1. The mother of the child, the Plaintiff Myrriah Jannette (hereinafter "Mother") and the father, the Defendant Joshua N. Ash (hereinafter "Father") shall share legal custody of their minor child, Willow Bella Ash, born August 28, 2001, as that term is defined by the law of Pennsylvania. Major decisions concerning the child including, without limitation, her health care, education, religious training, and the like shall be made jointly by the parties after their consultation. Neither party shall impair the other party's rights to shared legal custody of the child or attempt to prevent the other parent from free access to information about and records relating to the child. Each party shall notify the other of any activity or circumstances concerning the child which could be reasonably expected to be of significant concern to the other parent. Day to day decisions regarding the child shall be the responsibility of the parent then having physical custody. Any emergency decisions which must be made for the child, if the other parent is not reasonably available, shall be made by the parent then having physical custody of the child. In such event, the parent having custody shall immediately inform the other parent of the emergency and consult with the other parent regarding the matter as promptly thereafter as possible. In accordance with 23 Pa. C.S.A. § 5309 each party shall be entitled to complete and full information from any doctor, dentist, teacher or other professional or authority and to have copies of any reports or information relating to the child. 2. Physical custody of the said child shall be shared by Father and Mother on the following two- week schedule: A. In Week 1, Mother shall have custody of the child from 9:00 a.m. on Monday, until 9:00 a.m. on Wednesday, Father shall have custody from 9:00 a.m. on Wednesday until 9:00 a.m. on Friday, and Mother shall have custody from 9:00 a.m. on Friday until 9:00 a.m. the following Monday morning. B. In Week 2, Father shall have custody of the child from 9:00 a.m. on Monday, until 9:00 a.m. on Wednesday, Mother shall have custody from 9:00 a.m. on Wednesday until 9:00 a.m. on Friday, and Father shall have custody from 9:00 a.m. on Friday until 9:00 a.m. the following Monday morning. 3. Father and Mother shall each have reasonable periods of physical custody of the child on all major holidays, at times and on a specific schedule as to be mutually agreed upon by the parties. 4. Each parent will have physical custody of the child for four weeks per year, to be exercised in blocks of time not exceeding two full weeks each period. Such periods of vacation shall be exercised over school vacations, primarily the summer vacation, except for educational trips to which the school district may approve. Each parent shall give the other parent at least thirty (30) days advance notice of the periods of time they wish to have the child for vacation and the party providing the notice first shall be entitled to the designated time in the event of a conflict of schedules. 5. In the event that either party cannot exercise their period of custody under this order, because either the child or the parent is not available for any reason, the parties shall adjust their schedule to give such parent equivalent make up time for the period of custody he or she missed. Provided, however, that if either parent misses his or her period of custody because of a vacation or travel, the following conditions to make up time shall apply: A. The parent who is not available for his or her periods of custody because of a vacation or travel will give the other parent at least fifteen (15) days advance notice of such unavailability; B. If the other parent incurs child care expense because of the unavailability of the parent because of his or her vacation or travel, the party who is so unavailable shall pay the reasonable child care expenses of the available parent; and C. The makeup time for the parent who is unavailable because of vacation or travel shall be limited to two full days, to be exercised in the week following that parent's return, for each period of time that the parent is unavailable because of vacation or travel. The parties will cooperate to schedule makeup time promptly. 6. The parties may vary or adjust the terms of the schedule set forth in this order but only by mutual agreement. The parties are encouraged to reach agreement on such matters but are cautioned to be ,1% certain they have reached mutual agreement to avoid any misunderstanding. In the event that the parties encounter any difficulty adjusting the schedule, or setting a schedule for holidays, either party may petition this court to set or adjust the schedule accordingly. 7. Neither party shall do or say anything which may estrange the child from the other parent, injure the opinion of the child as to the other parent, or hamper the free and natural development of the child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the child comply with this provision, to the best of their abilities. 8. The parties agree that the child shall continue in the Cumberland Valley School District for the 2008-2009 school year and will consult with each other about future school enrollment. Future school enrollment will be determined by the mutual agreement of the parties or subsequent order of this court in the event the parties cannot so agree. 9. Both parties agree that neither of them shall subject the child to open nudity, profane language, or other inappropriate conduct which may embarrass the child. BY THE COURT, Distribution: Samuel L. Andes, Attorney for Plaintiff, P.O. Box 168, Lemoyne, PA 17043 Nora F. Blair, Attorney for Defendant, P.O. Box 6216, Harrisburg, PA 17112 1 1 ,?, : ?. ?..; +' >, , tr ? ?z ,, t ; ? $ k, C?' 7 P t; r ,,. .. ? ti MYRRIAH JANNETTE, Plaintiff VS. JOSHUA N. ASH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-4675 CIVIL TERM IN CUSTODY STIPULATION The above-named parties hereby stipulate and agree that the Court shall enter the attached order in this matter. 15 10% Date c1 / CS 142!2 Da e yrri Jannette Joshua N. Ash 14 7 zid l OCT 27 Ate 11: C. i ;tJM8E1"L1"kNL, ;,fa j PEN SYLYPAtilA Nora F. Blair, Esquire Attorney for Joshua N. Ash 5440 Jonestown Road PO Box 6216 Harrisburg, PA 17112-0216 717 541-1428 MYRRIAH JANNETTE, :IN THE COURT OF COMMON PLEAS, Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-4675 CIVIL ACTION LAW JOSHUA N. ASH, :CIVIL ACTION -- CUSTODY Defendant STIPULATION FOR TEMPORARY MODIFICATION OF CUSTODY ORDER The parties hereto, the parents of one minor child, having reached agreement with regards to a temporary modification of January 26, 2009, Order of Court, hereby stipulate and agree as follows: 1. Joshua N. Ash (hereinafter referred to as "Father") and Myrriah Jannette (hereinafter referred to as "Mother") are the parents of one minor child Willow Bella Ash, born August, 2001, and agree that except as set forth below, the January 26, 2009, shall remain in full force and effect. 2. Except as indicated below, Paragraph 2 of the January 26, 2009, Order is temporarily replaced by the following: Physical custody of the parties' minor child shall be shared by Father and Mother on the following scheduled: A. Mother shall have custody of the minor child from 9:00 a.m. on Monday until 9:00 a.m. on Wednesday; B. Father shall have custody of the minor child from 9:00 a.m. on Wednesday until 9:00 a.m. Saturday; and C. The parties shall alternate weekends from 9:00 a.m. on Saturday to 9:00 a.m. on Monday with Mother having the weekend of October 22 -- 24,2011. 3. During the time when Mother is not in school because of her Thanksgiving, winter, spring and summer breaks, the parties agree that the schedule in the January 26, 2009, Order shall be followed. 4. The parties agree that neither party shall relocate the child if such relocation will significantly impair the ability of a non-relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the child consents to the proposed relocation or (b) the court approves the proposed relocation. The party seeking relocation must follow the procedures required by 23Pa.C.S. §5337 as set forth in Exhibit A attached to this order. 5. The parties agree that the modification to the custody schedule as set forth in this Stipulation shall end at the earlier of (a) July 31, 2014; (b) Mother's withdrawal from her three-year acupuncture program; (c) Mother's temporary break from the acupuncture program; or (d) mutual agreement of the parties. 6. The parties agree to sign at the end of this Stipulation at the time the modification to the schedule as set forth in this Stipulation is no longer in effect. 7. The parties agree that the provision set forth in paragraph 4 above shall remain in full force and effect even after the modification to the custody schedule is no longer in effect. 8. The parties agree that this Stipulation shall be submitted to the appropriate Court for entry as an Order. IN WITNESS WHEREOF, the parties hereto have entered into this Stipulation on the dates indicated. AVA J ANNI ess Dated: IOIZZ 2-b (I JOSHUA N. ASH Dated: l NORA F. BLAIR. Post Office Box 6216 Attorney at Law FAX (717) 541-1429 Harrisburg, Pa 17112-0216 5440 Jonestown Road (717) 541-1428 NFBLAW@paonline.com TO: 66.- 441d ('0 A ? a91?i CLIENT: t?`??'1Gtcz. i?j ENCLOSED PLEASE FIND THE FOLLOWING DOCUMENT (S) : Divorce Complaint _ Praecipe to Enter Appearance Praecipe to Withdraw Custody Complaint Praecipe to Transmit Records Vital Records Form Affidavit of Service Certificate of Service Other: Affidavit(s) of Consent DATE: A) -Z-?? _ Waiver(s) of Notice of Intention to Request Entry of Divorce Decree _ Notice of intention to Request Entry of Divorce Decree Counteraffidavit Marital Settlement Agreement Acceptance of Service Divorce Decree(s) 3301(d) Affidavit ALSO ENCLOSED: Self-addressed Stamped Envelope for Return of Order/decree Self-addressed Stamped Envelope for Return of Copies and Order/decree Self-addressed Stamped Envelope for Return of Copies Self-addressed Stamped Envelope Stamped Envelope Addressed to Stamped Envelope Addressed to Defendant's Attorney Check Amount $ Other: k eti, PLEASE TIM STAMP AND RETURN THE COPIES TO MY OFFICE. PLEASE RETURN SIGNED ORDER/DECREE TO MY OFFICE. Complaint Petition Order Answer Motion Stipulation k U Social Security Affidavit _ Praecipe to Reinstate oL YOUR. ASSISTANCE IS GREATLY APPRECIATED. IF THF;RE IS A PROBLEM, PLEASE CALL ME AT 541-1428 OR 1-877-233-9540.