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HomeMy WebLinkAbout01-6644f1\cust\1-custdy.not MELISSA CATHLEEN WOLFE, Plaintiff V. KURT SHANE EVANS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. O ! - G LLI Lt CIVIL ACTION - CUSTODY NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following complaint, you must take action within twenty (20) days after the complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed against you and a judgment may be entered against you by the Court without further notice for any money claimed in the com- plaint or for any other claim or relief requested by the plaintiff. You may lose money or property, or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 fl\cust\wolfemel-custcomp.wpd\11/01 MELISSA CATHLEEN WOLFE, Plaintiff V. KURT SHANE EVANS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY NO. 01-- Cl-yy r£tL?, COMPLAINT FOR CUSTODY 1. The plaintiff is Melissa Cathleen Wolfe, individual, residing at 405 Princess Avenue, Harrisburg, Dauphin County, Pennsylvania, 17109. 2. The defendant is Kurt Shane Evans, an adult individual, residing at 668 Market Street, Lemoyne, Cumberland County, Pennsylvania 17043. 3. Plaintiff seeks primary physical and full legal custody of Austin Isaac Lourn Evans who resides at 405 Princess Avenue, Harrisburg, Dauphin County, 17109, who is eighteen (18) months of age, having been born on May 8, 1999. The child was born out of wedlock. The child presently is in the custody of his mother, Melissa Cathleen Wolfe, who resides at 405 Princess Avenue, -1- Harrisburg, Dauphin County, Pennsylvania. During the two years, the child has resided with the following persons and at the following addresses: NAME ADDRESS DATES Melissa C. Wolfe & Ms. Patricia Trimmer (Maternal Grandmother) Melissa C. Wolfe Melissa C. Wolfe Melissa C. Wolfe & Defendant 405 Princess Avenue 112 Pleasant View Camp Hill, PA 479 Hivner Road Harrisburg, PA Bunker Hill Apts Camp Hill, PA Melissa C. Wolfe & Mr. and Mrs. Lourn Evans Dillsburg, PA & Defendant July , 2001 to present 12/00 - 6/01 5/00 - 12/00 1/00 - 5/00 9/99 - 12/99 Melissa C. Wolfe Dillsburg, PA 5/99 - 9/99 & Defendant and Ms. Patricia Trimmer The mother of the child is Melissa Cathleen Wolfe currently residing at 405 Princess Avenue, Harrisburg, PA. She is not married to the defendant. -2- The father of the child, Kurt Shane Evans, the defendant who is currently residing at 668 Market Street, Lemoyne, Cumberland County, PA. He is not married to the Plaintiff. 4. The relationship of plaintiff to the child is that of mother. The plaintiff currently resides with the following persons: NAME Patricia Trimmer 5. father. persons: RELATIONSHIP maternal grandmother The relationship of defendant to the child is that of The defendant currently resides with the following NAME Michelle Smith RELATIONSHIP Roommate 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. -3- 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. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: (a) The child has resided with the mother since birth who has provided a continuous living relationship with the child; (b) The mother is able to provide a stable home and family type environment for the child allowing the child opportunity to spend time with the child's father consistent with a schedule the parties have arranged between themselves. 8. 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. 9. Plaintiff has attempted to file a Petition for Protection from Abuse against the Defendant for his past and prior abuse, but was informed that the abuses occurred outside the statutory period. Plaintiff is concerned for the safety and well-being of the minor child and a result of this concern has asked the Court for supervised visits. -4- 10. Plaintiff requests supervised visits with Defendant only having custody when paternal grandparents are around. 11. Plaintiff requests that Defendant refrain from consuming both drugs and alcohol when exercising his periods of custody and visitation. 12. Plaintiff requests that visitation be given to Defendant in accordance to what has been occurring so far. Plaintiff requests that Father be given supervised visits every Wednesday night from 4:30 p.m. until 8:00 p.m and Saturday overnights to take place at his parents. WHEREFORE, plaintiff requests the court to grant her primary physical and full legal custody of the child. STONE LaFAVER SKI Eliz th B?` Ston ESQUIRE S reme urt I #60251 414 Br St et, P.O. Box E New C e d, PA 17070 Telephon • (717) 774-7435 Attorneys for Plaintiff -5- f1\mis\1-verifi VERIFICATION Melissa Cathleen Wolfe, states that she is the Plaintiff named in the foregoing instrument and that she is acquainted with the facts set forth in the foregoing instrument; that the same are true and correct to the best of her knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: AhZ (I b? i r-- r a .i rr ?7 IJ._ MELISSA CATHLEEN WOLFE IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. • 01-6644 CIVIL ACTION LAW KURT SHANE EVANS DEFENDANT IN CUSTODY AND NOW, Tuesday, December 04, 2001 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before _Melissa P. Greevy, Esq. the conciliator, at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on Tuesday, January 08, 2002 at 11:00 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: Is/ Mefissa 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 4v ./,P VINVAZSNN3d uNnoo nr,,., ; rwn? 0I :h Odd S- J30 10 1 J`l1C x)?? JAN 1 6 2002v MELISSA CATHLEEN WOLFE, Plaintiff vs. KURT SHANE EVANS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6644 CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this day of January, 2002, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The Mother, Melissa Cathleen Wolfe, and the Father, Kurt Shane Evans, shall have shared legal custody of the minor Child, Austin Isaac Lorne Evans, born May 8, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of Pa. C. S. § 5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Father's name shall be listed as an emergency contact at any school or daycare program in which the Child may participate. Additionally, the parties shall provide each other with notification of any change in their present address or residential telephone numbers. 2. Physical Custody. Mother shall have primary physical custody subject to Father's rights of partial custody which shall be arranged as follows: A. Effective January 9, 2002, each Wednesday evening from 5:30 p.m. until 8:30 p.m. B. Effective January 12, 2002, each weekend from Saturday at 11:00 a.m. until Sunday at 8:30 p.m. C. And at other such times as the parties may agree. 3. Transportation. Mother shall provide transportation at the beginning of Father's weekend custodial times on Saturday mornings. Father shall provide all other transportation pursuant to his custodial time. No. 01-6644 - Civil Term 4. During any period of custody or visitation the parties to this Order shall not possess or use controlled substances, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise ensure, to the extent possible, that other household members and/or house guests comply with this prohibition. 5. Holidays. The following holiday schedule supercedes the regular weekly schedule. The parties shall alternate the following holidays beginning with Easter 2002, wherein Mother will have custody: New Year's Day Easter Memorial Day Independence Day Labor Day Thanksgiving Christmas 6. Christmas. The Christmas holiday shall be defined as December 241h at 3:00 p.m. until December 25`h at 3:00 p.m. The parent who does not have this period for Christmas shall have the period of December 25`h at 3:00 p.m. until December 26'h at 3:00 p.m. for Christmas holiday custody, unless otherwise agreed. 7. Vacation. Each party shall be entitled to one ten-day block of vacation each year which shall run from Friday until Sunday. This vacation shall be subject to a thirty-day written notice to the other parent. In the event that the parties make overlapping vacation plans, the party first providing written notice to the other parent shall have the choice of the vacation time that year. 8. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction of this matter. Dist: Elizabeth B. Stone, Esquire, 414 Bridge Street, PO Box E, New Cumberland, PA 17070 ?.?u+ /?? ^^^ - Charles E. Petrie, Esquire, 3528 Brisban Street, Harrisburg, PA 17111 " 1 .2a-0.2? 1?;_ ' y N rn U4 u e? 4' c-j jZ fem.. N tDp- r 0 U j MELISSA CATHLEEN WOLFE, Plaintiff vs. KURT SHANE EVANS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-6644 CIVIL ACTION - LAW : CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Austin Isaac Lourn Evans May 8, 1999 Mother 2. The parties were seen for a Custody Conciliation Conference on January 8, 2002, with the following individuals in attendance: the Mother, Melissa Cathleen Wolfe, and her counsel, Elizabeth Stone, Esquire; the Father, Kurt Shane Evans, and his counsel, Charles Petrie, Esquire. The Conciliation Conference was held pursuant to Mother's Petition for Custody filed November 30, 2001. 3. The parties reached an agreement in the form of an Order as attached. Date -Melissa Peel Greevy, Esquire Custody Conciliator MELISSA CATHLEEN WOLFE, Plaintiff V. KURT SHANE EVANS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- CUSTODY NO. 01-6644 CIVIL TERM PETITION TO MODIFY CUSTODY Petitioner( Defendant is Kurt Shane Evans who resides at 210 Reno Street, New Cumberland, Cumberland County, Pennsylvania 17070. 2. Respondent/ Plaintiff is Melissa Cathleen Wolfe who resides at 426 Third Street, Apt. B, New Cumberland, Cumberland County, Pennsylvania 17070. 3. On January 22, 2002, the Honorable Judge Bayley entered the Custody Order attached as Exhibit "A". 4. Since the entry of said Order, there has been a significant change in circumstances in that: a. The Respondent's living conditions are not suitable for the child, as she does not have steady employment. b. Respondent does not have a valid driver's license due to her license being suspended because she frequently abuses alcohol, which makes her unreliable as a custodian of the child. e. Petitioner had primary physical custody of child in 2005, while Respondent was in drug rehabilitation. d. The Petitioner is best able to undertake and perform the primary parental responsibilities for the child. e. Petitioner is best able to provide a stable household for the child. The best interest of the child will be served by the Court in modifying said Order. WHEREFORE, Plaintiff prays this Court to grant the modification of the Custody Court Order of January 22, 2002 as follows: Petitioner is granted primary physical custody of Austin Evans with Mother having periods of partial physical custody. Date: 14/0-4- Respectfully submitted, ROMINGER & WHARE 1-44-6-41 -Air Leslie A. To o, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 200198 Attorney for Defendant/Petitioner MELISSA CATHLEEN WOLFE, Plaintiff V. KURT SHANE EVANS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- CUSTODY NO. 01-6644 CIVIL TERM VERIFICATION I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. We Evans (Indant/Petitioner MELISSA CATHLEEN WOLFE, Plaintiff V. KURT S14ANE EVANS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- CUSTODY : NO.01-6644 CIVIL TERM CERTIFICATE OF SERVICE I, Leslie A. Tomeo, Esquire, attorney for Defendant, Kurt Shane Evans, do hereby certify that I this day served a copy of the Petition to Modify Custody upon the following by First Class Mail delivery at Carlisle, Pennsylvania, addressed as follows: Elizabeth B, Stone, Esquire Stone Lafaver & Shekletski P.O. Box E 414 Bridge Street New Cumberland, PA 17070 :+ Dated Respectfully submitted, ROMINGER & WHARE ? zj- .^ Leslie A. Tot o, squire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 200198 Attorney for Defendant/Petitioner Page 1 of 1 JAN 18 VR 1 MISLISSIA CATHL95h WOLFS, t IN THE COURT OF CCMM )N PLEAS OF Plabdiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01-0814 KURT SHAME EVANS, CIVIL ACTION - LAW Defendant CUSTODY AND NOW, this '*20*0'? My of ,January, 2002, upon consideregon at the adeChad Custody Condtisaae Summary Report. It Is hereby ordered and d inured as follows: 1, ;taVr' AWIPA The Mother, Matisse Cathleen nrolra, and the Father. Kurt Shane Eva me, shall have shared legal custody of the minor Child, Aualn Isaeo Lam Erato, born May 5.1999, Each paroot shaft hew an equal **, to be eeeroleed lolntY rrEtr the cow pantum p, Wehilled te d dotMons regalrln? g his howls h, edft CWld'6 general well-being ucation and rdplon. Pursued to the two of Pa. C. S. 16309. each parent shell be errt8led to alt records and information pads riing to the Child Including, but not limited In, m ollcal, dew, etgteus or school rooords. the raklance address of the Child and orthe other Perot. To the asterd ons parent has poesgon of any much records o r Informstlon, that parent shall be requited to there the same, croopla thereof, with the Wirer parent within such moon" rinse as td make the n iorde and Infom+atlon of reasonable was to the other parent. Palm's rams shalt be Rated as an amerpency contact at my achool or dayoe m pr m In Which the Child may participate. Additlartdly, Ih¦ peruse shall provide each other with notMcetion of any change In th*lr present addnM or teol0ri at talophoM numbate. 211" ro?e+Ar Mother anal) hero pt Mary physical Custody 11101414 to FMhah'e rtphls of partial custody which shell be snengsd as follows: A. Elective January 9, 2002. each Wednesday evening from 6:30 p.m. urtii 8:30 P.M. 0. EBeedve January 12, 2DO2, esoh weekend from Saturday at 11:00 a.m. untir Sunday at 810 p.m. C. And at other such times an the parties may pros. 3, rMOtgligillifft. Mother shall provide Vansportolmn At the b Inning of Father's weekend otrdadiM times on Swrday mamings. Father sha0 provide ail other transportation punuant to his m4lodkl time. Exhibit "A" http://records.ccpa.net/weblink_ext/ImageDisplay.aspx?cache=yes&sessionkey=WLImage... 9/5/2006 Page I of I No. 014UA - CMI Term a. During any period or =*dy or vr*Wcn the patties to this Order shall not possess cr use comn7lYd subehnoM, neither shall fay oonwme alodhok bsveraass to th¦ polyd of Intoxicedlon. The Fortin she] IlkrMn ensure, to the arum possible, that Other housahom membsn andfor hour quests oomplyw]h this prohibldan, 6. Hoijdeye, The fdlowkw holiday sdhedu a superoodes the regular weeidy soheduls. The partial shall artsmats lta fblWWg holidays bsglnnirlp with Easier 2002, wherein mother wilt have auatod$r. Now Years Day EMW Memorial Day Independence Day Labor Day Thankegivtng Chrisenas S. Ohdainnea, The Christmas hollday shall be ddned es Dsoemlow 2AM at SAG p.m. until Daamber 266 at 9AG Fin. The parent who doss not have this period for Chrlshms shall have the period of Decartder 29e at 5:00 p.m. unit Daownber 266 or 9:00 p.m. for Chileans hoedey custody, unless otherwise agreed. 7. YAWL b. Esch party shag be entitled to one tenday block of raaldn sash yaw which shall run from Frid ay urldl Sunday. This vatedlon shad be KMW to a atlay4ay written notice to the other parent. In the avant ihetthe Pallas rMA0 ovariapping vass]mr plane, the party ]rut provlding written notlos to the other parent shall have the choloe of the vacatlon time that year. • S, The Court ofCommgn Plea of Cumberland County, Pennsylvania, shall retain lutadlolon of thk matter. WY THE T. Dec ElwaEan a, VON, 044M 414lrWg*GkM, P6larl, Nwx Clrreargnd, pjk l? r0 1,,eA.o /M- CNrare !. PNU, lreulrn?310e BrYMn 8rnrr, HrrT.seq, PA f Tttt 1 p?s•ps, 4http://records.ccpa.netlweblink_extllmageDisplay.aspx?cache=yes&sessionkey=WLImage... 9/5/2006 N (? C? ,r } m MELISSA CATHLEEN WOLFE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KURT SHANE EVANS DF,FENDANT 01-6644 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, September 13, 2006 _, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at MDJ Manlove, 1901 State St., Camp Hill, PA 17011 on Friday, October 13, 2006 at 2:30 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. 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/ Melissa P. Greevy, 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 lr-v? r ?f- 7,/-£/. ? f>,\cust\wolfemel-cu5tcomp.wpd\11/01 MELISSA CATHLEEN WOLFE, IN THE COURT OF COMMON PLEAS OF Plaintiff, Respondent CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - CUSTODY KURT SHANE EVANS NO. 01-6644 - CIVIL TERM Defendant/Petitioner ANSWER TO PETITION TO MODIFY CUSTODY And now, comes the Plaintiff/Respondent by and through her attorneys, Stone LaFaver & Shekletski, and files the following Answer averring as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. (A) The Plaintiff and her fiancee live in a wonderful two-story apartment in downtown New Cumberland. The minor child has his own bedroom and, essentially, an entire floor as a play area with which to spread his toys. The Plaintiff works part-time because she and her fiancee have made a joint financial decision that they do not need two incomes, that the Plaintiff does not need to work full-time, and that they would prefer that the Plaintiff be available as a full-time mother. (B) Admitted and Denied. It is admitted that the Plaintiff currently does not have a valid driver's license. It -1- is specifically denied that this, in any way, makes her an unreliable mother, caretaker or guardian of her child. The Plaintiff's younger sister died suddenly and horrifically in January, 2005. During her mourning period, and perhaps in an attempt to forget about the pain of her sister's untimely and horrible death, Plaintiff incurred several driving violations and has lost her driving privileges until 2007. After this tragedy Plaintiff realized that she was headed down the wrong path and voluntarily checked herself into a one month in-patient drug and alcohol treatment facility and continued outpatient counseling for one year at Holy Spirit Hospital. The Plaintiff no longer uses or abuses alcohol or drugs and has been clean since the day she entered the rehabilitation facility on May 24, 2005. (C) Admitted and Denied. The child stayed with the Defendant for the twenty-eight (28) days that the Plaintiff was in the inpatient facility and immediately returned home upon Plaintiff's discharge. The child did not live with the Defendant on a permanent basis. (D) Denied. The Plaintiff leads a very normal and stable life. She is currently involved in a happy, healthy and long term relationship which provides a nurturing and loving environment within which the child thrives. -2- (E) Denied. The Defendant is not able to provide a stable environment for the minor child. It is averred that the Defendant has a prior Heroin addiction for which he also spent time in an inpatient facility. It is believed; and therefore, averred that the Defendant was arrested and charged with Possession with Intent to Deliver Controlled Substances. He avoided a lengthy jail sentence and reached a plea agreement by cooperating with the District Attorneys in turning in other people involved in the drug world. After the Defendant's cooperation was no longer needed, he began to carry a concealed weapon and may still do so. It is believed that the Defendant is involved in a very volatile relationship with a live-in girlfriend in which the child has witnessed fights when the girlfriend scratches and hits the Defendant. Prior to this living arrangement, Defendant had no legal address for a period of two to three years. It is averred that the Defendant has been known to hit and beat the child with a belt or his hand leaving bruises on the child's bottom. The child has reported to his mother that his father hits him when he is bad. The Plaintiff believes that the Defendant uses emotional abuse to force the child to behave. In the last month, the Defendant bought the child a puppy and advised the child if he -3- said or did the wrong thing concerning the custody arrangement he would get rid of the dog. The child reported this to his mother. The Defendant did give away the dog to deliberately hurt the child's feelings after the child insisted on returning to his mother rather than spending a non-scheduled overnight at his father's last week. The Defendant has told the child as recent as the first week of school, that he would be moving far away from his mother and that he would never see his mother again because she made him get cavities. The Defendant has continued with his threats of moving out of the area and taking the child away from his mother. It is averred that the Defendant has forged legal documents with regard to school registration forms and lied to the administration about with whom the child lives. The Plaintiff has had to fill out new cards and present the current custody order to convince the school that she was the primary caretaker. It is averred that the Defendant is failing to comply with the overnight schedule and is deliberately taking overnights where the schedule does not permit, specifically during the school week. The Defendant has been refusing to answer or return phone calls to the Plaintiff during his periods of visitation with the child. The Defendant only returns the phone call at the end of the night after he has successfully dodged -4- ? r- phone calls all evening from the Plaintiff only to report that the child was already asleep and would not be coming home. 5. The best interest and permanent welfare of the child will be served by granting the relief requested because: (a) The child has resided with the mother since birth who has provided a continuous living relationship with the child; (b) The mother is able to provide a stable home and family type environment for the child allowing the child opportunity to spend time with the child's father consistent with a schedule the parties have arranged between themselves. 6. 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. 7. It is averred that the Plaintiff had attempted to file a Petition for Protection from Abuse against the Defendant several years ago for abuse, and continues to believe that the Respondent uses violence and intimidation against the child. Plaintiff is concerned for the safety and well-being of the minor child, as well as, his emotional well-being. 8. Plaintiff requests that Defendant refrain from consuming both drugs and alcohol when exercising his periods of custody and visitation. -5- WHEREFORE, plaintiff requests the Court to maintain the status quo with regard to her custody rights, maintaining her primary physical and shared legal custody rights of the child. STONE LaFAVER & SHEKLETSKI F7iza S/he, ESQUIRE Su em Cou D. #60251 14 Bridge S reet, P.O. Box E New Cumb nd, PA 17070 Telepho e: (717) 774-7435 AttvtneVs for Plaintiff Dated: -6- F1\cust\1-verifi VERIFICATION MELISSA C. WOLFE, states that she is the Plaintiff/Respondent in the forego- ing instrument and that she is acquainted with the facts set forth in the forego- ing instrument; that the same are true and correct to the best of her knowl- edge, information and belief; and that this statement is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. ELISSA C. W6-FE Date: Lola CERTIFICATE OF SERVICE I, Elizabeth B. Stone, attorney for Plaintiff, Melissa Cathleen Wolfe, do hereby certify that a true and correct copy of the foregoing document has been served this L day of September, 2006, by First Class Mail, postage prepaid, upon: Leslie A. Tomeo, Esquire Rominger & Whare 155 South Hanover Street Carlisle, PA 17013 STONE LAFAVER & SHEKLETSKI BY: Eliz ne Esquire Su 6 #60251 ew and, PA 17070 ne 47,]P)774-7435 ax (71 774-3869 ttor vs for Plaintiff -4- .,, c ? ? W r 1? MELISSA CATHLEEN WOLFE, IN THE COURT OF COMMON PLEAS/OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 01-6644 CIVIL TERM V. CIVIL ACTION - LAW KURT SHANE EVANS, IN CUSTODY Defendant ORDER OF COURT AND NOW, this day of October, 2006, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: This Court's Order of January 22, 2002 is VACATED and replaced with the following. 2. Legal Custody. The Mother, Melissa Cathleen Wolfe and Kurt Shane Evans shall have shared legal custody of the minor child, Austin Evans, born May 8, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. All decisions affecting the child's growth and development including, but not limited to, choice of camp, if any; choice of child care provider; medical and dental treatment; psychotherapy, or like treatment; decisions relating to actual or potential litigation involving the child directly or as a beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities; shall be considered major decisions and shall be made with the parents jointly, after discussion and consultation with each other and with a view toward obtaining and following a harmonious policy in the child's best interest. 3. Physical Custody. Mother shall have primary physical custody subject to Father's rights of partial custody which shall be arranged as follows: a) On alternating weekends from Friday after work until Sunday at 8:30 p.m., commencing October 13, 2006. b) On alternating Sundays from Sunday at 5:00 p.m. until Monday morning, commencing October 22, 2006. r'^ ti NO. 01-6644 CIVIL TERM c) Each Wednesday evening from 5:30 until 8:30 p.m. d) Each Monday evening from 5:30 to 8:30 p.m. 4. During any period of custody or visitation the parties to this Order shall not possess or use non-prescribed controlled substances, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise ensure, to the extent possible, that the other household members and/or house guests comply with this prohibition. 5. Holidays. The following holiday schedule supersedes the regular weekly schedule with the parties alternating New Year's Day, Easter, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas. 6. Christmas. The Christmas holiday shall be defined as December 24th at 3:00 p.m. until December 25th at 3:00 pm. The parent who does not have this period for Christmas shall have the period of December 25th at 3:00 p.m. until December 26th at 3:00 p.m. for the Christmas holiday, unless otherwise agreed. 7. Vacation. Each party shall be entitled to one ten-day block of vacation each year which shall run from Friday until Sunday. This vacation shall be subject to a 30-day written notice to the other parent. In the event that the parties make overlapping vacation plans, the party first providing written notice to the other parent shall have the choice of vacation time that year. 8. The parties shall participate in co-parent counseling to improve their ability to make decisions cooperatively with regard to the child. Mother will pay the first $30.00 of unreimbursed expenses associated with the therapeutic family counseling. In the event that the cost exceeds $30.00, the parties will share equally in the unreimbursed portion of this expense. Counsel will assist the parties in identifying a therapist to work with them in this regard. 9. The Court of Common Pleas of Cumberland County, Pennsylvania shall retain jurisdiction of this matter. _ BY THE COUR Edgar B. B yl y, P.J. Dist: Azabeth Stone, Esquire, P. O. Box E, 414 Bridge Street, New Cumberland, PA 17070 Xeslie A. Tomeo, Esquire 155 S Hanover Street, Carlisle, PA 17013 t t1F}?- 1_} 1??) ? .?-. f s l? ?t "'?.'. a ._ , - .- ?• ?? ? Stns Y:? f._? Ci ?n y N ?? C? MELISSA CATHLEEN WOLFE, ?yJ r IN THE COURT OF COMMON PLRAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. KURT SHANE EVANS, Defendant NO. 01-6644 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Austin Evans May 8, 1999 Mother 2. Father filed a Petition to Modify Custody on September 7, 2006. Mother filed an answer to the Petition on September 29, 2006. Her answer was presented at the Custody Conciliation Conference. The Custody Conciliation Conference was scheduled on October 13, 2006. Present for the conference were: the Mother, Melissa Cathleen Wolfe, and her counsel, Elizabeth B. Stone, Esquire; the Father, Kurt Shane Evans, and his counsel, Leslie Tomeo, Esquire. 3. The parties reached an agreement in the form of an Order as attached. 10 11g ?I, Date Melissa Peel Greevy, Esquire Custody Conciliator :285108 MELISSA CATHLEEN WOLFE, Plaintiff V. KURT SHANE EVANS Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- CUSTODY NO.01-6644 CIVIL TERM PETITION TO MODIFY CUSTODY 1. Petitioner/ Defendant is Kurt Shane Evans who resides at 210 Reno Street, New Cumberland, Cumberland County, Pennsylvania 17070. 2. Respondent/ Plaintiff is Melissa Cathleen Wolfe who resided at 426 Third Street, Apt. B, New Cumberland, Cumberland County, Pennsylvania 17070. 3. On October 31, 2006, the Honorable Judge Bayley entered the Custody Order attached as Exhibit "A". 4. Since the entry of said Order, there has been a significant change in circumstances in that: a. Respondent is currently incarcerated for a parole violation, based on her DUI offenses. b. Respondent is not responsible to take care of herself, let alone her child. c. The Petitioner is best able to undertake and perform the primary parental responsibilities for the child regardless if respondent is incarcerated or not. d. Petitioner is best able to provide a stable household for the child. 5. The best interest of the child will be served by the Court in modifying said Order. WHEREFORE, Plaintiff prays this Court to grant the modification of the Custody Court Order of October 31, 2006 as follows: Petitioner is granted primary physical custody of Austin Evans with Respondent having periods of partial physical custody. Date: 5 L 6 Respectfully submitted, ROMINGER & ASSOCIATES LesWA. Tomeo, Es uire 155 South Hanover Street Carlisle, PA 17013 f (717) 241-6070 Supreme Court ID # 200198 Attorney for Defendant/Petitioner MELISSA CATHLEEN WOLFE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION- CUSTODY KURT SHANE EVANS NO. 01-6644 CIVIL TERM Defendant VERIFICATION I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unworn falsification to authorities. ane Evans efendant/Petitioner MELISSA CATHLEEN WOLFE, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION- CUSTODY KURT SHANE EVANS NO. 01-6644 CIVIL TERM Defendant CERTIFICATE OF SERVICE I, Leslie A. Tomeo, Esquire, attorney for Defendant, Kurt Shane Evans, do hereby certify that I this day served a copy of the Petition to Modify Custody upon the following by First Class Mail delivery at Carlisle, Pennsylvania, addressed as follows: Elizabeth B. Stone, Esquire Stone Lafaver & Shekletski P.O. Box E 414 Bridge Street New Cumberland, PA 17070 Dated: ?? Z d Respectfully submitted, ROMINGER & ASSOCIATES Leaue A. i omeo, Ls re 155 South Hanover teet Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 200198 Attorney for Defendant/Petitioner t MELISSA CATHLEEN WOLFE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 01-6644 CIVIL TERM V. CIVIL ACTION - LAW KURT SHANE EVANS, IN CUSTODY Defendant ORDER OF COURT AND NOW, this 31 ' day of October, 2006, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. This Court's Order of January 22, 2002 is VACATED and replaced with the following. 2. Legal Custody. The Mother, Melissa Cathleen Wolfe and Kurt Shane Evans shall have shared legal custody of the minor child, Austin Evans, born May 8, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. All decisions affecting the child's growth and development including, but not limited to, choice of camp, if any; choice of child care provider; medical and dental treatment; psychotherapy, or like treatment; decisions relating to actual or potential litigation involving the child directly or as a beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities; shall be considered major decisions and shall be made with the parents jointly, after discussion and consultation with each other and with a view toward obtaining and following a harmonious policy in the child's best interest. 3. Physical Custody. Mother shall have primary physical custody subject to Father's rights of partial custody which shall be arranged as follows: a) On alternating weekends from Friday after work until Sunday at 8:30 p.m., commencing October 13, 2006. b) On alternating Sundays from Sunday at 5:00 p.m. until Monday morning, commencing October 22, 2006. EXhibit "A" NO. 01-6644 CIVIL TERM c) Each Wednesday evening from 5:30 until 8:30 p.m. d) Each Monday evening from 5:30 to 8:30 p.m. 4. During any period of custody or visitation the parties to this Order shall not possess or use non-prescribed controlled substances, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise ensure, to the extent possible, that the other household members and/or house guests comply with this prohibition. 5. Holidays. The following holiday schedule supersedes the regular weekly schedule with the parties alternating New Year's Day, Easter, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas. 6. Christmas. The Christmas holiday shall be defined as December 24th at 3:00 p.m. until December 25th at 3:00 pm. The parent who does not have this period for Christmas shall have the period of December 25th at 3:00 p.m. until December 26th at 3:00 p.m. for the Christmas holiday, unless otherwise agreed. 7. Vacation. Each party shall be entitled to one ten-day block of vacation each year which shall run from Friday until Sunday. This vacation shall be subject to a 30-day written notice to the other parent. In the event that the parties make overlapping vacation plans, the party first providing written notice to the other parent shall have the choice of vacation time that year. 8. The parties shall participate in co-parent counseling to improve their ability to make decisions cooperatively with regard to the child. Mother will pay the first $30.00 of unreimbursed expenses associated with the therapeutic family counseling. In the event that the cost exceeds $30.00, the parties will share equally in the unreimbursed portion of this expense. Counsel will assist the parties in identifying a therapist to work with them in this regard. 9. The Court of Common Pleas of Cumberland County, Pennsylvania shall retain jurisdiction of this matter. BY THE COURT: ?j4mi ?L- /151 Edgar B. B ley, P.J. Dist: Elizabeth Stone, Esquire, P. O. Box E, 414 Bridge Street, New Cumberland, PA 17070 Leslie A. Tomeo, Esquire, 155 S. Hanover Street, Carlisle, PA 17013 TR In T Band a . e' Thi ....?..... r . i.. r rothonotarv MELISSA CATHLEEN WOLFE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 01-6644 CIVIL TERM V. CIVIL ACTION - LAW KURT SHANE EVANS, IN CUSTODY 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: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Austin Evans May 8, 1999 Mother 2. Father filed a Petition to Modify Custody on September 7, 2006. Mother filed an answer to the Petition on September 29, 2006. Her answer was presented at the Custody Conciliation Conference. The Custody Conciliation Conference was scheduled on October 13, 2006. Present for the conference were: the Mother, Melissa Cathleen Wolfe, and her counsel, Elizabeth B. Stone, Esquire; the Father, Kurt Shane Evans, and his counsel, Leslie Tomeo, Esquire. 3. The parties reached an agreement in the form of an Order as attached. 16 11g 106 (11?' Date Melissa Peel Greevy, Esquire Custody Conciliator :285108 -44 D W