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HomeMy WebLinkAbout04-2072JEFFREY MICHAEL UTZMAN, Plaintiff IN THE COURT OF COMMON PLEAS COUNTY, PENNSYLVANIA V. No. ON,,ZO7,1, l?lvi?, 1E2?.-? DANIELLE MARIE ASKEY, CIVIL ACTION - LAW / Defendant IN CUSTODY COMPLAINT FOR CUSTODY/PARTIAL CUSTODY/VISITATION 1. The Plaintiff is Jeffrey Michael Utzman, residing at 223 Bosler Avenue, Lemoyne. Cumberland County, Pennsylvania. 2. The Defendant is Danielle Marie Askey, residing at 450 Main Street, Apt. 5, New Cumberland, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the following child: NAME PRESENT RESIDENCE D.O.B. Johnathan Arthur 450 Main Street, Apt. 5 May 24, 2003 Utzman New Cumberland, PA The child was born out of wedlock. The child is presently in the custody of Danielle Marie Askey, who resides at 450 Main Street, Apt. 5, New Cumberland, Cumberland County, Pennsylvania. During the past five years, the child has resided with the following persons and at the following addresses. NAME ADDRESS DATES Danielle M. Askey 450 Main Street, Apt. 5 New Cumberland, PA Danielle M. Askey 450 Main Street, Apt. 5 and Jeffrey M. New Cumberland, PA Utzman Danielle M. Askey 450 Main Street, Apt. 5 New Cumberland, PA 5124/03 - 816103 8/7/03 - 2/16/04 2/17/04 - present The mother of the child is Danielle M. Askey, currently residing at 450 Main Street, Apt. 5, New Cumberland, Cumberland County, Pennsylvania. She is not married. The father of the child is Jeffrey M. Utzman, currently residing at 223 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania. He is not married. 4. The relationship of Plaintiff to the child is that of father. The Plaintiff currently lives alone. 5. The relationship of Defendant to the child is that of mother. The Defendant currently resides with the following persons: NAME Johnathan Arthur Utzman RELATIONSHIP Son 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. 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 Plaintiff was an equal caregiver until he moved from Defendant's residence in February 2004. Since then, Plaintiff has moved from his home in the Poconos to a home three blocks from Defendant's home so that he can be near the child and be an active participant in the child's life. Since February, Defendant has prevented Plaintiff from having overnights with the child and has very rarely allowed Plaintiff to visit the child outside of her presence. It is in the child's best interest for Plaintiff to resume his active role in the child's life and continue to nuture the bond that already exists between himself and the child. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiff requests the court to grant shared legal and physical custody of the child, Johnathan Arthur Utzman to Plaintiff. McNEES WALLACE & NURICK LLC By PDeIa Lantz I. D. #21401 Pamela L. Purdy I.D. #85783 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff Dated: 51-7 l-- 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. C.S. §4904, relating to unsworn falsification to authorities. '1_Z o Je1'Tre tzman \ nJ t ? C:) f_) ?_ ... T _ O ':.'.1 fTI i?__ ?? ryf? /? C J `?? }? ?1 c ?,,; O ' ? ? _, JEFFREY MICHAEL UTZMAN PLAINTIFF V. DANIELLE MARIE ASKEY DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA • 04-2072 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday May 12, 2004 , 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 301 Market Street Lemoyne, PA 17043 on Wednesday, June 23, 2004 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Melissa R Green - Esq. mho 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 infonnation 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 ,ltti?r?~^ etc,;; ?;? 1Z:Z a? ?d ,±? ??(J??v-031L1? d0 Jeffrey Michael Utzman, Plaintiff VS. Danielle Marie Askey, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO: 04-2C72 CIVIL ACTION-LAW IN CUSTODY EMERGENCY PETITION FOR SPECIAL RELIEF AND NOW COMES, Petitioner, Danielle Marie Askey, by and through her attorneys, Meyers, Desfor, Saltgiver & Boyle, and files this Emergency Petition for Special Relief and in support thereof avers as follows: 1 2 3 4 5 Petitioner is Danielle Marie Askey, an adult individual currently residing at 450 South 3ri1 Street, Apartment 5, Lemoyne, Cumberland County, Pennsylvania (hereinafter referred to as "Mother"). Respondent is Jeffrey Michael Utzman, an adult individual currently residing at 223 Bosler Avenue, Cumberland County, Pennsylvania (hereinafter referred to as "Father"). The parties are the parents of one minor child, namely Johnathon Arthur Askey-Utzman, date of birth May 24, 2003. The parties met three years ago and began a relationship At that time, Father was employed as an executive chef at the Split Rock Resort in the Pocono Mountains. Mother believes that Father was earning in excess of $50,000.00 pe MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 year. 6 7 8 9 10 11 12 For the last five years, Mother has been employed as an office manager in a doctor's office. Father was not present for most of Mother's pregnancy and was not present for the birth of the child. Thereafter, on or about August 2003, Father was fired from his job and evicted from his apartment in the Pocono Mountains. Father moved in with Mother for five months from September 2003 to January 2004. At that time, Mother discovered that Father was using drugs. Mother noted that Father stayed up all night, smoking marijuana and using crack cocaine. Some nights Father did not come home at all. Father would sleep all day while Mother was at work and the child was at daycare. Mother found evidence of drug use, including a glass pipe and spoons with a black residue which Mother believes were used for crack cocaine. Mother also noticed money missing from her purse. One evening in early January 2004, Father woke Mother up at about 3:00 a.m. and stated that, "People are coming out of the cupboards and they are not supposed to be there." Father was so upset that he also woke the neighbors. 4 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX(717)236-2817 13. Thereafter, Mother asked Father to leave her apartment. Father then disappeared for more than four weeks. 14. The next time Mother heard from Father was when he had decided to move to Cumberland County and now wanted regular contact with their child. 15. Since March 2004, Mother has permitted Father limited contact with the child, mostly occurring in her presence. 16. Mother believes that Father continues to use drugs. As recent as April 24, 2004, Father has appeared at Mother's door at 2:00 a.m. requesting $40..00 and the use of Mother's car. 17. Mother now believes that Father was fired from his job in the Poconos due to his drug use. 18. For the last three weeks, Father has been employed as a coo at a diner, working evenings and earning only $8.00 per hour. 19. Notably, since the child was born, Father has only ever wanted to see the child sporadically. Father last saw the child on April 18, 2004, for several hours in Mother's presence. Father has never requested an overnight. 20. On May 10, 2004, Father filed a Complaint for Custody seeking extensive time with the child. While indicating in the Complaint that Mother is somewhat tentative about his 5 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P,O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 access to the child, Father fails to elaborate as to Mother's reasons. 21. There is no custody order at this time. 22. Recently, Father showed up at the child's daycare provider' home and attempted to remove the child without notice or consent of Mother. 23. Mother is concerned for the child's well-being while in Father's presence and does not believe that Father should alone with the child. 24. Mother does not believe that Father's home is appropriate for the child and that there is no crib or bed for the child. 6 II MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 WHEREFORE, Petitioner, Danielle Marie Askey, respectfully requests this Honorable Court order that: 1. Defendant, Jeffrey Michael Utzman, shall not have any contact with the minor child, pending further order of Court. 2. Defendant, Jeffrey Michael Utzman, shall immediately present himself for random drug testing, pending further Order of Court. Respectfully submitted, v . - r L it v Catherine A. Boyle, uire Meyers, Desfor, Salt giver & Boyle Attorney I.D. #76328 410 North Second Street P.O. BOX 1062 Harrisburg, PA 17108 (717)236-9428 Attorney for Defendant 7 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 VERIFICATION I, Danielle M. A verify that the statements made in this Emergency Petition for Special Relief are true and correct to the bes of my knowledge, information and belief. I understand that f statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 5/14/04 " ( ) Plaintiff ( R ) Defendant MEYERS, DESFOR, SALTZGIVER 8, BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 - HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 2?6-2817 Jeffrey Michael Utzman, Plaintiff VS. Danielle Marie Askey, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 04-2072 CIVIL ACTION-LAW IN CUSTODY CERTIFICATE OF SERVICE I hereby certify on this e -- day of May, 2004 a copy of Emergency Petition for Special Relief was sent VIA U.S. Mail, postage pre-paid, to: Jeffrey Michael Utzman C/o Pamela Purdy, Esquire MCNEES, WALLACE & NURICK, LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 atherine A. Boyle, E ire Attorney I.D. #76328 Attorney for Defendant MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 ;rj ? o w ? 61 n ti c. ? O ?J ")C ^.7 JEFFREY MICHAEL UTZMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-2072 CIVIL TERM DANIELLE MARIE ASKEY, CIVIL ACTION - LAW Defendant IN CUSTODY NOTICE TO PLEAD TO: DANIELLE M. ASKEY, Defendant CATHERINE A. BOYLE, ESQUIRE, her attorney You are hereby notified to file a written response to the enclosed Answer and New Matter within twenty (20) days from service hereof or a judgment may be entered against you. McNEES WALLACE & NURICK LLC By, t/ln Oelano M. L ntz I.D. No. 21401 Pamela L. Purdy I.D. No. 85783 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-15348 Attorneys for Plaintiff Dated: May 20, 2004 JEFFREY MICHAEL UTZMAN, Plaintiff V. DANIELLE MARIE ASKEY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2072 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PLAINTIFF'S ANSWER AND NEW MIATTER TO DEFENDANT'S PETITION FOR SPECIAL RELIEF AND NOW comes Plaintiff Jeffrey M. Utzman, by and through his attorneys, McNees Wallace & Nurick LLC and files this answer to Defendant Danielle M. Askey's Petition for Special Relief. 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. The parties met in July 2001. 5. Denied. At the time the parties met, Father was unemployed and collecting unemployment compensation from Florida where he was then residing. 6. Denied. Plaintiff is without knowledge or information sufficient to form a belief as to the truth of this averment, and therefore, it is denied. 7. Admitted in part and denied in part. Father visited Mother a few times and Mother visited Father a few times in the Poconos, where Father lived at the time, during her pregnancy. During Mother's pregnancy, Father lived in the Poconos and worked full-time (an average of 80 hours per week) at Split Rock Resort. Father had very little free time to travel. In addition, Father was present at the Harrisburg Hospital the night Johnathon was born. Mother called Father between 5:00 and 8:00 p.m. on May 24, 2003 while Father was working and stated that the physician was going to induce labor. He was told it would be another 12-24 hours before the child was born. Father finished his shift at work and drove from the Poconos to the hospital. He arrived at the hospital at approximately 11:00 p.m. The hospital had locked its doors (except for the Emergency Room entrance). Father had to wait for a security guard to contact the maternity ward, which eventually sent a person down to sign him in and escort him to the delivery floor. Father arrived at the delivery floor within an hour of Johnathon's birth. 8. Admitted in part and denied in part. Father was fired from his job on August 6, 2003 at Split Rock Resort without cause. Father received unemployment compensation benefits. The Unemployment Compensation Board denied Split Rock's appeal from the Board's award of benefits to Father. Father was never evicted from his apartment in the Poconos. Father kept his apartment in the Poconos until moving permanently from there to Lemoyne to be near Johnathon in February 2004. 9. Admitted in part, denied in part. Admitted that Father lived with Mother and Johnathon from August 2003 until January 2004, when Mother kicked Father out of their home because she was angry. Denied that Mother "discovered" Father was using drugs at that time. Mother knew Father occasionally used marijuana from the time they first met each other. 10. Admitted in part and denied in part. Admitted that Father has occasionally used marijuana. Denied that he "stayed up all night, smoking marijuana." Denied that Father used crack cocaine. Admitted that Father has occasionally stayed up at night -2- due to insomnia. Denied that Father slept all day while Mother was at work. When Father was not working, Father fed and cared for Johnathon during the night, and on some of those occasions would sleep in later than normal. During this period, Father cared for Johnathon many weekdays before be began working. Afterwards, he worked full time during the day, and left the home between 3:30 a.m. and 5:30 a.m. to go to work. Father would be away overnight when he went to his apartment in the Poconos to take care of personal matters. On one occasion, Father went to Pittsburgh to spend time with his grandmother who had a stroke. Mother knew when Father made these overnight trips. Denied that there were other nights when Father "did not come home at all." 11. Admitted in part and denied in part. At all times, Mother was aware of Father's occasional marijuana use. She knew that he used a glass pipe to smoke the marijuana. Denied that Father used crack cocaine or that any spoons were used for crack cocaine. Father sometimes turned his paycheck over to Mother who cashed his checks. If Father took cash from Mother's purse, it was for gas, parking or lunch money for going to work. Father generally told Mother whenever he did this. 12. Denied. No such incident occurred. 13. Denied. Father left the parties' apartment in January 2004 when Mother violently screamed at him for no justifiable reason and told him to "get out." Father moved back to his house in the Poconos for the next four weeks, where he saved money so that he could move back to Lemoyne and rent an apartment near his son. At all times, Mother knew where Father was during the four weeks. -3- 14. Denied as stated. Father remained in the Poconos for approximately four weeks after Mother made him leave their home. During those four weeks Father spent only $25.00 per week in order to save up money to move back to Lemoyne to be near Johnathon. Father did not have a phone at his house during that time. Father attempted to call Mother via collect calling during that time, but Mother's phone would not accept his collect calls. Mother called Father on several occasions during those four weeks on his pre-paid cell phone. When Father had saved enough money, he moved back to Lemoyne and rented an apartment three blocks from Mother's home. Father requested to see Johnathon as soon as he moved back to Lemoyne. At all times, Mother knew that Father wanted regular contact with Johnathon. 15. Denied as stated. Mother has refused to let Father see Johnathon outside of her presence since Father moved back to Lemoyne. Father made every attempt to foster a congenial relationship with Mother for Johnathon's sake. On May 11, 2004, Mother agreed to a shared physical custody arrangement pending a custody conciliation under which agreement Father would have custody from 15:30 a.m. Monday until Tuesday at 1:00 p.m. and on the other weekdays from 6:30 a.m. until Father went to work. The agreement was scheduled to begin on Monday, May 17. On Sunday evening, May 16, Mother stated that she would not abide by the agreement, and would not allow Father to see his son again. 16. Denied. Father has not used marijuana since March 2004. On April 24, 2004, at 11:00 p.m., Father went to Mother's house to ask to use her car to drive to his brother's house in order to borrow money to pay for the installation of a windshield in his -4- car. An unknown person broke Father's windshield the night before. Father asked to borrow Mother's car because his car was undriveable due; to the broken windshield. Father asked to borrow $40.00 from Mother until the next day so he didn't have to drive to his brother's house. (Father needed to repay the individual who purchased the windshield earlier that day.) Mother let Father borrow her, car, which he returned by no later than 1:00 a.m., but she refused to loan him the money. 17. Denied. Paragraph 8 is incorporated herein as if set forth fully. 18. Admitted in part and denied in part. Father has worked part-time at Fed Ex loading and unloading trucks and at Newberry Diner as a cook. Father quit his job at FedEx on Friday, May 14, 2004 so he would be available to care for his son per the agreement made on May 11, 2004. Father is looking for full-time employment that will allow him the flexibility he needs in order to fully participate in his son's life under a shared physical custody schedule. 19. Denied. After Johnathon was born, Father traveled from the Poconos to Lemoyne two days a week on his days off to help care for Johnathon. After moving in with Mother and Johnathon, before Father obtained employment, Father took care of Johnathon frequently while Mother was at work, at night, when Mother was sleeping and when Mother was away from home. After Father began working, Father continued to take care of Johnathon at night and on weekends. The only time Father did not see or attempt to see Johnathon since his birth was in February 2004, when Father lived in the Poconos, after Mother kicked him out of their home, and saved money so he could move back to Lemoyne to be near Johnathon. Since Father has returned to Lemoyne, -5- Father has made every effort to foster a congenial relationship with Mother. Mother became upset and enraged every time Father suggested he spend time with Johnathon outside of her presence. Once Father realized that Mother was not willing to allow him to exercise his right to custody of Johnathon, Father approached Mother about Father's right to overnights at his home and custody outside of her presence. Since then, Mother has not allowed Father to see Johnathon, except for extremely limited times in Mother's presence. Father did spend time with Johnathon on Easter, April 11, 2004. Father and Mother agreed that Father would prepare an E=aster dinner at Mother's home and all relatives and friends who wanted to see Johnathon could come to Mother's house to see him. In the middle of the day, without Father's knowledge or consent, Mother took Johnathon to her mother's house in violation of their agreement. When Mother returned to her home and Father questioned her as to where Johnathon was and why she violated their agreement, she screamed at Father and forced him to leave the house. The following Sunday, on April 18, Mother and Father took Johnathon to see the Cow Parade on Front and State Streets. Mother has not permitted Father to see Johnathon since then. Father did visit with Johnathoin for an hour on May 7, 2004 at Johnathon's day care provider's home. On May 11, 2004, after Father informed Mother of his intent to file a Petition for Emergency Relief, Father and Mother came to an oral agreement regarding custody of Johnathon. The parties agreed that Father would have custody of Johnathon from Monday at 6:30 a, m. until Tuesday at 1:00 p.m. when Father went to work and on the other weekdays from 6:30 a.m. until Father went to work. The custody arrangement was to begin on May 17, 2004. On May 16, 2004, -6- Father left a message at Mother's home to confirm their agreement that Father would pick up Johnathon at 6:30 a.m. the next morning. Mother called back, screaming profanities at Father, stating that "[Father] will never be a part of [Johnathon's] life," that "[Father] will never see [his] son again," and that Mother would call the police if Father ever came near Mother, the daycare center or Johnathon again. 20. Admitted in part, denied in part. Admitted that Father filed a Complaint for Custody of Johnathon on May 10, 2004. Father did not elaborate as to Mother's reasons for refusing to let him see Johnathon because Mother has never provided any reason to Father other than one time when she referenced lack of a baby seat (which Father promptly purchased) and on May 16 when Mother made reference to Father owing her $320. 21. Admitted. 22. Denied. On May 7, 2004, Father went to the daycare provider's home and sat with Johnathon on a swing and fed him a bottle. At no time did Father attempt to leave the premises with Johnathon. 23. Denied. Mother left Johnathon alone with Father when they were living together and Father demonstrated his ability to care for his son. Further, Mother agreed to a shared physical custody arrangement on May 11, 2004, only to renege on the agreement. Father is capable of providing and will provide a safe, loving environment for his son while Father has custody of him. 24. Denied. Father's home is appropriate for Johnathon. Mother approved Father's home as appropriate for Johnathon before he rented the home. Father has -7- purchased all items that he needs in order to take care of Johnathon. Father has purchased a crib to use during his periods of custody with Johnathon. Father is capable of providing and will provide a safe, loving environment for Johnathon when the child is in his care and custody. NEW MATTER 25. Paragraphs 1 through 24 are incorporated by reference as if fully set forth herein. 26. Father believes Mother is attempting to prevent Father from having contact with Johnathon because she wants to resume a romantic relationship with Father and is trying to punish Father for refusing to resume a romantic relationship with Mother. 27. Mother suffers from bouts of depression, and at other times has fits of rage. 28. Mother uses alcohol several days per week and gets drunk a few times each month. 29. Mother takes Xanax, an anti-anxiety medication, and sometimes takes it with alcohol. 30. Johnathon's pediatrician, Dr. Saito, advised Mother that she should not have Johnathon in a forward facing car seat because she was endangering Johnathon by having his car seat face the front of the car. Despite Dr. Saito's admonition, Mother has refused to turn the car seat to face backward. -8- 31. Approximately five weeks ago, Mother drove in an intoxicated state to Father's house after attending a party and woke him at 2:30 a.m. by screaming profanities and pounding on his door. Mother then drove home in an intoxicated state and stayed with Johnathon alone that night. 32. Johnathon's best interest requires that he have regular contact with his father under a shared legal and physical custody arrangement. WHEREFORE, Plaintiff Jeffery M. Utzman respectfully requests that Defendant Danielle M. Askey's Petition for Special Relief be denied and that he be granted shared legal and physical custody of Johnathon. McNEES WALLACEA& NURICK LLC By-- C ? Delano M. Lantz I. D. #21401 Pamela L. Purdy I.D. #85783 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff Dated: May 20, 2004 -9- VERIFICATION Subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities, I hereby certify that the facts set forth in the foregoing document are true and correct to the best of my information and belief. q JL I kN?Ivl? Je r zman Dated: May 20, 2004 CERTIFICATE OF SERVICE: The undersigned certifies that on the 20t' day of May, 2004, a true and correct copy of the foregoing document was served by first-class mail, postage prepaid, upon the following: Catherine A. Boyle, Esq. Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street P. O. Box 1062 Harrisburg, PA 17108 4Pur- E(X_IK_ Of Counsel for Plaintiff ?-? rva c.? n r ? _7 m a c> cn JEFFREY MICHAEL IN THE COURT OF COMMON PLEAS OF UTZMAN, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V CIVIL ACTION - LAW DANIELLE MARIE ASKEY, Defendant NO. 04-2072 CIVIL TERM ORDER OF COURT AND NOW, this 24a' day of May, 2004, upon consideration of Plaintiff's Petition for Emergency Relief, and of Defendant's Emergency Petition for Special Relief, with respect to the parties' child, Jonathon Arthur Askey-Utzman (d.o.b. May 24, 2003), it is ordered and directed as follows, pending the conciliation conference and further order of court: 1. Legal custody of the child shall be shared. by the parties; 2. Primary physical custody of the child shall be in the mother; 3. Temporary or partial physical custody of the child shall be in the father at the following times: a. On Saturday, May 29, 2004, from 10:00 a.m. until 5:00 P.M. b. Thereafter, on alternating weekends from Saturday at 10:00 a.m. until Sunday at 10:00 a.m. BY THE COURT, ?Delano M. Lantz, Esq. Pamela L. Purdy, Esq. 100 Pine Street 7 P.O. Box 1166 Harrisburg, PA 17108-1166 Attorneys for Plaintiff A r?nn,M'N.3 dn? FS ?£ add hz,tgNh00l At1V.ri wUFLkOh`d 3Wl ?o .Catherine A. Boyle, Esq. 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 Attorney for Defendant :rc Jeffrey Michael Utzman, Plaintiff VS. Danielle Marie Askey, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO: 04-2072 : CIVIL ACTION-LAW : IN CUSTODY DEFENDANT'S ANSWER TO NEW MATTER AND NOW COMES, Defendant, Danielle Marie Askey, by and through her attorneys, Meyers, Desfor, Saltzgiver & Boyle, and files this Answer to New Matter and in support thereof avers as follows: 1-24 All averments contained in Defendant's Emergency Petition for Special Relief are incorporated herein as if set forth in full. 25. No answer required. 26. Denied. Mother has permitted supervised access by Father to the child because of his admitted drug abuse. Father admitted in his answer to Mother's Emergency Petition for Special Relief that he uses marijuana frequently. Mother also believes that Father abuses other illegal substances, including crack cocaine. Mother terminated her relationship with Father several months after the minor child was born. Father continues to show up at Mother's residence at all hours requesting money and the use of her vehicle. MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 27. Admitted in part. Denied in part. It is admitted that Mother has been diagnosed with situational depression at the time of her divorce and during periods of litigation. It is denied that Mother has ever experienced "fits of rage." Strict proof thereof is demanded at trial. 28. Admitted in part. Denied in part. It is admitted that Mother may occasionally have a glass of wine with dinner. The remainder of the averment is denied and strict proof thereof is demanded at trial. 29. Admitted in part. Denied in part. It is admitted that Mother occasionally takes Xanax, an antianxiety medication. It is denied that Mother takes this medication in any manner other than how it is prescribed. Strict proof thereof is demanded at trial. 30. Admitted in part. Denied in part:. It is admitted that Mother had a discussion with the child's pediatrician regarding the position of the car seat. It is denied that Mother ignored any direction from the doctor. Notably, at the time of Mother's discussion with the pediatrician regarding the car seat, the child. already weighed in excess of twenty pounds, the required weight to turn the car seat to a forward-facing position. Further, this conversation occurred a number of months ago. The child is currently in an appropriate car 3 MEYERS, DESFOR, SALTZGIVER &IBOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 ,. _ (717) 236-9428 • FAX (717) 236-2817 seat in Mother's vehicle. 31. Denied. No such incident ever occurred. Strict proof thereof is demanded at trial. By way of further answer, several weeks ago, Mother had a babysitter stay with the minor child while she attended a fellow employee's birthday party. She stayed the :night at a girlfriend's house, who was also her labor coach when the child was delivered, and who also fielded several late night telephone calls from Father. 32. Denied. It is denied that it is in Johnathon's best interest to have regular contact with Father. Father has admitted to abusing illegal substances in his Answer to Mother's Emergency Petition for Special Relief. Mother has grave concerns about Father's ability to care for the child, particularly when under the influence of illegal substances. Mother believes that Father should be placed in a drug rehabilitation program and submit himself to random drug testing before regular contact with the minor child is permitted. Moreover, Father has been absent for a significant portion of the child's life. Father has acknowledged that he lived in the Poconos at the time Johnathon was born. He also acknowledges there was at least a month when he had no contact with the child at all. The child has never 4 MEYERS, DESFOR, SALTZGIVER 6130YLE 410 NORTH SECOND STREET • P.O. BOX 1062 • .HARRISBURG, PA 17108 (717) 2369428 • FAX (717) 236-2817 spent an overnight with Father and in fact, until recently, Father has never requested an overnight. Mother believes it is in the child's best interest to maintain the status quo with her as primary caregiver. WHEREFORE, Defendant, Danielle Marie Askey, respectfully requests that Plaintiffs New Matter be denied. Respectfully submitted, Catherine A. Boyle, squire Meyers, Desfor, Sal zgiver & Boyle Attorney I.D.. 476328 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717)236-9428 Attorney for Defendant 5 II MEYERS, DESFOR, SALTZGIVER 8, BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 2369428 • FAX (717) 236-2817 VERIFICATION I, Danielle M. Askey , verify that the statements made in-this Defendant's Answer to New Matter are t=rue and correct to the of my knowledge, information and belief. I understand that fa statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 6/8/04 ( ) Plaintiff (g ) Defendant MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 206-2817 Jeffrey Michael Utzman, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO: 04-2072 Danielle Marie Askey, CIVIL ACTION-LAW Defendant IN CUSTODY CERTIFICATE OF SERVICE I hereby certify on this ? day of June, 2004 a copy of Answer to New Matter was hand delivered to: Jeffrey Michael Utzman C/o Pamela Purdy, Esquire MCNEES, WALLACE & NURICK, LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Catherine A. Boyle, Es ire MEYERS, DESFOR, SALTZ VER & BOYLE Attorney for Defendant MEYERS, DESFOR, SALTZGIVER &130YLE 410 NORTH SECOND STREET • P.O. BOX 1062 • IiARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 N - ?? \ C. . CIJ -_ r ,l' f__ .? ({T rr; 1 ? ? tT7 ? O _ -: ? ?_ %:°i ?;:'i _` ,._ Jeffrey Michael Utzman, Plaintiff VS. Danielle Marie Askey, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO: 04-20?2 : CIVIL ACT.-ON-LAW : IN CUSTODY DEFENDANT'S ANSWER TO PLAINTIFF'S PETITION FOR EMERGENCY RELIEF AND NOW COMES, Defendant, Danielle Marie Askey, by and through her attorneys, Meyers, Desfor, Saltzgiver & Boyle, and 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 no Custody Order currently exists and Father has filed a Custody Complaint. It is denied that a custody conciliation has been scheduled since Mother or her counsel have yet to receive a scY.eduling order. 5 6 Admitted. By way of further answer, Father was ultimately fired from the position he was working at the time of Johnathon's birth. Admitted in part. Denied in part. It is admitted that the child remained in the Neonatal Intermediate Care Unit for a period of time after his birth. It is also admitted that the parties visited the child as often as possible to MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 participate in his feedings. However, Father was only present for four days after the child was born and at that time, he returned to the Poconos, leaving the child in Mother's sole care. 7. Admitted in part. Denied in part.. It is admitted Father left the area to return to the Poconos and left Mother here to care solely for Johnathon just four days after his birth. It is also admitted that the parties exchanged vehicles before Father returned to the Poconos. 8. Admitted in part. Denied in part:. It is admitted that Father returned from the Poconos at his leisure and would see the child. It is denied that Father was the primary caregiver to Johnathon. On the contrary, Mother was the sole caregiver more often that not, when Father was in the Poconos. 9. Mother is without knowledge as to the truth of this averment and therefor the averment is deemed denied. Strict proof thereof is demanded at trial. 10. Denied. Father moved from the Poconos to Lemoyne in September 2003, when he was fired. from his job and evicted from his apartment. Father moved in with Mother and Johnathon and remained there until January 2004, when Mother asked him to leave because of his extensive and admitted drug use. Father admitted to using illegal drugs 3 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX(717)236-2817 in his Answer to Mother's Emergency Petition for Special Relief. 11. Denied. It is denied that Father was Johnathon's primary caretaker . On the contrary, Mother was the primary caregiver in the evenings and the weekends. The child attended daycare during the days.. 12. Admitted. Johnathon continues to attend daycare with the same provider Mother obtained for him some time ago. 13. Denied. Mother was Johnathon's primary caregiver during the evenings, nights and weekends when she was not at work. The child attended daycare during the days while the parties worked. 14. Denied. Mother was Johnathon's primary caregiver during the evenings, nights and weekends when she was not at work. The child attended daycare during the days while the parties worked. 15. Denied. One evening in early 2004, Father woke Mother up at about 3:00 a.m. and stated that, "People are coming out of the cupboards and they are not supposed to be here." Father was so upset that he also woke the neighbors. Mother believes that Father was using illegal drugs at that time. Notably, Father admitted to using illegal drugs in his Answer to Mother's Emergency Petition for Special Relief. It was thereafter that Mother asked 4 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O.BOX1062 • HARRISBURG, PA17108 (717)236-942B • FAX(717)236-2817 16 Father to leave her apartment. Father agreed and then disappeared for more then four weeks with almost no contact with Mother or Johnathon. Mother is without knowledge as to the truth of this averment and therefor the averment is deemed denied. Strict proof thereof is demanded at trial. By way of further answer, it is admitted that Mother 17 18 19 called Father three to four times while he was away. At no time did Father request to see Johnathon or arrange any time that he may have custody of Johnathon. Further, Father never traveled to Lemoyne to see the child. Mother is without knowledge as to the truth of this averment and therefor the averment is deemed denied. Strict proof thereof is demanded at trial. Mother is without knowledge as to the truth of this averment and therefor the averment is deemed denied. Strict proof thereof is demanded at trial. Admitted in part. Denied in part. It is admitted that the parties have discussed custody arrangements for Father. At all times, Mother remained very concerned about Father's admitted illegal drug use. Notably, Father has acknowledged illegal drug use in his answer to Mother's Emergency Petition for Special Relief. Mother refused to allow Father to be alone with the child unless 5 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 he submitted to drug testing. However, Mother did allow Father to see the child in her presence. 20. Admitted in part. Denied in part. It is admitted that the parties' apartments are close in proximity. It is denied that Father sought Mother's prior approval before signing the lease on said apartment. 21. Denied. Father had never made any attempt to foster a congenial relationship with Mother. Rather, Father has called Mother at all hours and showed up her home demanding funds and the use of her vehicle. For example, Father called Mother at approximately 2:00 p.m. on Saturday, April 24, 2004, looking for twenty dollars for his dog because he claimed that the dog had not eaten for several days. Father then showed up at approximately 2:00 a.m on Sunday, April 25, 2004 requesting forty dollars and the use of Mother's car. 22. Admitted. It is admitted that Mother has insisted on supervised visitation between Father and Johnathon. Father has admitted illegal drug use in his Answer to Mother's Emergency Petition for Special Relief. Mother does not feel that Johnathon is safe in Father's care given his acknowledged drug use. 23. Admitted in part. Denied in part:. It is admitted that Mother agreed that Father could come to her home and have 6 MEYERS, DESFOR, SALTZGIVER 8 BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 dinner on Easter Sunday with Johnathon. The rest of averment is denied in its entirety. It was Father's confrontational and difficult behavior that lead to Mother asking him to leave the residence. On Easter Sunday, the parties and the child went to breakfast together. Father left breakfast to pick up movies to watch later and Mother headed to the maternal grandmother's home. She left Johnathon with her grandmother while she picked up some photographs at her residence to show to her mother. Eventually, Mother returned to the residence with the child. Father remained there for several hours purportedly to watch television with Johnathon. However, while there, Father was angry that mother had made a visit to the maternal grandmother's house and created such a scene in front of the child, that Mother had no choice but to ask him to leave. 24. Admitted. 25. Denied. Father specifically showed up to Johnathon's 26 daycare provider's home in May 2004, to remove the child from her care. Father's actions prompted Mother to file her Emergency Petition for Special Relief. Admitted in part. Denied in part:. It is admitted that Mother has received copies of correspondence and the Custody Complaint. 7 MEYERS, DESFOR, SALTZGIVER 8. BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 By way of further answer, Mother is without knowledge as to the truth of the rest of the averment and therefor the averment is deemed denied. Strict proof thereof is demanded at trial. 27. Admitted. 28. Denied. Upon being retained, Mother's counsel immediately contacted Father's counsel. In their first conversation, Mother's counsel indicted Mothers desire for an amicable resolution. Mother's counsel suggested random drug testing and was told by Father's counsel she would speak to her client and respond to the request. No response has ever been provided. 29. Denied. Mother has at all times remained open to an amicable resolution of this matter. However, Mother has always feared for Johnathon's safety due to Father's drug use. Notably, Father has admitted to using illegal drugs in his Answer to Mother's Emergency Petition for Special Relief. Mother has repeatedly indicated directly to Father and through counsel that she is open to resolving this matter amicably if Father would submit to random drug testing. Additionally, now that Father has acknowledged illegal drug use, Mother is also requesting that he submit to a drug rehabilitation program. 30. Mother is without knowledge as to the truth of this 8 MEYERS, DESFOR, SALTZGIVER 8, BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 31 32 33 34 averment and therefor the averment is deemed denied. Strict proof thereof is demanded at trial. Mother is without knowledge as to the truth of this averment and therefor the averment is deemed denied. Strict proof thereof is demanded at trial. Admitted in part. Denied in part. It is admitted that Father left a message at Mother's home. The remainder of the averment is denied in its entirety. Mother remains concerned about Johnathon's welfare while in Father's care given his admitted illegal drug use. Mother never agreed to any custody schedule, but merely indicated her willingness to do so if Father would submit to random drug testing and a drug rehabilitation program. Admitted in part. Denied in part:. It is admitted that Mother refused to allow Father to have anything other than supervised custody of Johnathon pending his agreement to submit to random drug testing and a drug rehabilitation program. It is denied the parties ever reached an agreement. Strict proof thereof is demanded at trial. Admitted. Notably, in Father's Answer to Mother's Emergency Petition for Special Relief, he acknowledges illegal drug use. 35. Denied. Mother has permitted supervised access by Father 9 MEYERS, DESFOR, SALTZGIVER & BOYLE 410NOFITH SECOND STREET • P.0.60X1062 • HARRISBURG, PA17108 (717) 236-9428 • FAX(717)2362817 to the child because of his admitted drug abuse. Father admitted in his answer to Mother's Emergency Petition for Special Relief that he uses marijuana frequently. Mother also believes that Father abuses other illegal substances, including crack cocaine. Mother terminated her relationship with Father several months after the minor child was born. Father continues to show up at Mother's residence at all hours requesting money and the use of her vehicle. 36. Denied. It is not in Johnathon's best interest to have frequent contact with Father who is an admitted illegal drug abuser. Until Father is able to establish that he is no longer abusing illegal substances, any contact with the child should be supervised. 37. Denied. Mother has at all times acted in Johnathon's best interest and is still willing to resolve this matter amicably, provided Father submits to random drug testing and a drug rehabilitation program. 38. Denied. Until Father receives appropriate and necessary treatment to recover from his abuse of illegal substances, Father is not capable of providing a safe or loving environment for Johnathon. Until. such time, any and all contact with Father should be supervised. 10 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX(717)236-2817 WHEREFORE, Defendant, Danielle Marie Askey, respectfully requests this Honorable Court deny Father's Petition for Emergency Relief. Respectfully submitted, V C'zft'hei?'ine A. Bo e, Esq re Meyers, Desfor, Saltzgi er & Boyle Attorney I.D. #76328 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717)236-9428 Attorney for Defendant 11 MEYERS, DESFOR, SALTZGIVER 8, BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 230-2817 VERIFICATION I, Danielle M Askey verify that the statements made is this Defendant's Answer to Plaintitt's Petition for Emergency Relief are true and correct to the b of my knowledge, information and belief. I understand that fa statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 6/8/04 ( ) Plaintiff (g ) Defendant MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O.BOX1062 • HARRISBURG, PA17108 (717)236-9428 • FAX(717)2a6-2817 Jeffrey Michael Utzman, Plaintiff VS. Danielle Marie Askey, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO: 04-20.2 CIVIL ACTION-LAW IN CUSTODY CERTIFICATE OF SERVICE I hereby certify on this day of June, 2004 a copy of Defendant's Answer to Plaintiff's Petition for Emergency Relief was hand delivered to: Jeffrey Michael U'tzman C/o Pamela Purdy, Esquire MCNEES, WALLACE & NURICK, LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 A??, r Lt I C therine A. Boyle, Es re MEYERS, DESFOR, SALTZG ER & BOYLE Attorney for Defendant 12 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 2:36-2817 c_.. - -n 1 Ci JUN 2 5 2004 Ir JEFFREY MICHAEL UTZMAN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 04-2072 CIVIL TERM V. CIVIL ACTION - LAW DANIELLE MARIE ASKEY, IN CUSTODY Defendant OLER, J. --- ORDER OF COURT AND NOW, this 2_8 r? day of June, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. This Court's Order of May 24, 2004 shall remain in full force and effect pending hearing or an agreement of the parties. 2. The Custody Conciliation Conference shall reconvene on August 3, 2004, at 10:30 a.m. at the office of the Custody Conciliator, Melissa Peel Greevy, Esquire, 301 Market Street, Lemoyne, PA 17043. 3. A hearing is scheduled in Courtroom Number 1 of the Cumberland County Courthouse, on the .7o;tA day of , 2004, at /: 30 o'clock t M., at which time testimony will be taken. For the purposes of the hearing, the Father, rey Michael Utzman, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party 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 ten days prior to the hearing date. BY THE COURT: J. Wesley Fir., J. Dist: Pamela L. Purdy, Esquire, PO Box 1166, Harrisburg, PA 17108-11,66 Catherine A. Boyle, Esquire, 410 North Second Street, Harrisburg, PA 17108 C.i. a4 / u 7,0S-011 0 CL- ? ° c v U JEFFREY MICHAEL UTZMAN, Plaintiff V. DANIELLE MARIE ASKEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2072 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 Johnathan Arthur Utzman May 24, 2003 Mother 2. A Custody Conciliation Conference was held on June 23, 2004 following Father's filing of a Complaint for Custody/Partial Custody/Visitation on May 10, 2004. Present for the Conference were: the Father, Jeffrey Michael Utzman, and his counsel, Delano M. Lantz, Esquire and Pamela L. Purdy, Esquire; the Mother, Danielle Marie Askey, and her counsel, Catherine Boyle, Esquire and Kelly Smith, Esquire. 3. Subsequent to the filing of Father's Complaint, there were apparently cross- Petitions for Special Relief filed. These Petitions were not provided to the Conciliator. However, Judge Oler issued an Order of May 24, 2004 granting the parties shared legal custody, Mother primary physical custody, and Father partial custody from Saturday to Sunday, on alternate weekends. 4. Father's position on custody is as follows: Father reported that since the parties' separation on February 16, 2004 when he left the residence at Mother's request and returned to live at his home in the Poconos, Mother has denied overnight periods of custody and has rarely allowed him to be with the child outside of her presence. Father claims he was an equal caregiver during the period of time that he lived with Mother and the child from August 7, 2003 through February 16, 2004. Father is presently unemployed having been so since May 31, 2004 when he lost his job at the Newberry Diner. Father reports that he is actively seeking employment and represents that he participated in three (3) interviews on June 22, 2004. Father acknowledges that on occasion, Mother has provided him with additional custodial time since the implementation of the May 24, 2004 Order. Father denies Mother's allegations of drug abuse and represents that he has not used marijuana NO. 04-2072 CIVIL TERM since March 2004. However, he has apparently used prescription medication which he alleges was provided to him by Mother although it was not prescribed for him. Father alleges that Mother mixes prescription medication (Xanax) and alcohol at times. Father seeks equally shared physical custody which he describes as seven (7) overnights out of fourteen (14 ). 5. Mother's position on custody is as follows: Mother reports that during the seven (7) months that the parties resided together the child was in daycare rather than in the care of Father during most of the time when she was working. Mother reports that Father used illegal substances. She reports that she finally asked him to leave because he had woken her up one night to complain of people coming out of the cupboards. Mother continues to be concerned regarding Father's ability to care for the child because she is concerned that he may have a chemical dependency problem. Mother proposes that Father submit to a drug test to include hair sampling. If that test would come back "clean" Mother would then be willing to work with Father to implement a gradually increasing schedule of periods of partial custody interspersed with a number of unannounced random drug testing. If the drug tests continued to be consistently negative, Mother would agree to discontinue the drug tests. Mother offered to share in the cost of the drug tests and would commit to promptly commencing a partial custody schedule upon receipt of a "clean" report. 6. In a rather lengthy Conference, the Conciliator attempted to gain the necessary cooperation to have an evaluation of the alleged substance abuse problem so that, if that issue could be eliminated, the parties could) more promptly proceed with the implementation of a more broad physical custody schedule for Father. Unfortunately, counsel could not reach agreements regarding the use of the evaluation, the disclosure of the report and the input provided to the evaluator. The Conciliator recommends that the Conciliation be reconvened prior to hearing. However, if counsel for each party agree that an additional Conference will not be productive, by their mutual agreement, the Conciliation may be canceled. If the parties reach an agreement prior to the Conciliation, counsel shall notify the Conciliator that a stipulation has been signed in advanc Conciliation date. Da Me issa Peel Greevy, EsQire Custody Conciliator :231288 AUG 1 1 20041 JEFFREY MICHAEL UTZMAN, Plaintiff V. DANIELLE MARIE ASKEY, IN THE: COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2072 CIVIL TERM Defendant 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 Johnathan Arthur Utzman May 24, 2003 Mother 2. The parties' second Custody Conciliation Conference was held on August 3, 2004. Present for the Conference were: the Father, Jeffrey Michael Utzman, and his counsel, Delano M. Lantz, Esquire; the Mother, Danielle Marie Askey, and her counsel, Catherine Boyle, Esquire and Kelly Smith, Esquire. 3. The Custody Conciliation Conference was reconvened at the recommendation of the Conciliator in hopes that counsel would be able to workout their differences regarding the substance abuse issue or the evaluation of the substance abuse issue so that issue could be eliminated prior to trial. Father attended the Conciliation, however, he arrived late. Father reports that he has had an evaluation at Guidance Associates of Pennsylvania. However, he has not provided the report to his counsel nor has the report been provided to opposing counsel. Father indicated that he intends to go forward with the hearing scheduled for September 20, 2004. The parties and counsel were reminded that their pre- trial memoranda are due ten days in advance of hearing. 4. Mother's Dosition on custody is as follows: Mother's position since the June 23, 2004 has not changed. She reports that Father's last contact with the child was on July 10, 2004. She reports that she received a message around 1:00 p.m. on July 24th indicating that Father had an emergency which prevented him from picking up the child that day as scheduled at 10:00 a.m. At 11:00 a.m. that same day, Mother reports a friend called to report that Father had been helping this friend whose mother's home had burned. Since that time, Mother reports that she has had no contact with Father. Mother's counsel had requested to cancel the Conciliation as she had not changed her position with regard to NO. 04-2072 CIVIL TERM drug testing and did not believe that further conciliation would be absence of a concurrence from Father, the Conciliation wc'S scheduled to forward. counsel expressed reservations about a chemical dependency productive. In the include tests for the presence of substances because she believes interviews done in Mother's not chemical dependence evaluation are only as reliable as the data provided by the subject. the 5. Father's osition on custod is as follows: Through counsel, Father confirmed that his friend's mother's house had burned and that he had stayed with the friend to help him during that time, causing him to miss a scheduled visit with the child. Father plans to exercise his rights of custody this coming weekend. Father's counsel will provide a co the chemical dependency evaluation to the Defendant's counsel. I PY of Date Me tssQ peel GreevY, Esquire Custody Conciliator Dist: Xelano M. Lantz, Esquire, PO Box 1166, Harrisburg, PA 171081166 ?therine A. Boyle, Esquire, 410 North Second Street, Harrisburg, pA 1710 :233454 v QDILW jroZ - ? 1.1 -\t -0- -:1H L PUY-, JEFFREY MICHAEL UTZMAN, Plaintiff V. DANIELLE MARIE ASKEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTIO14 - LAW NO. 04-2072 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this 20th day of September, 2004, upon consideration of Plaintiff's complaint for custody with respect to the parties' child, Johnathon Arthur Askey-Utzman (date of birth May 24, 2003), and pursuant to an agreement reached between the parties in open court in the presence of their counsel, it is ordered and directed as follows: The parties shall have shared legal custody of the child. Mother shall have primary physical custody of the child. Father shall have child dependent upon drug mutually agreeable agency the father. Father shall implementation of the new submit to random urine dr rights of partial physical custody of the testing. The parties will agree to a or laboratory for urine drug testing of submit to drug testing prior to the schedule. Thereafter, father shall ig testing of no more than three tests per month. The parties shall share the cost of this drug testing. Subsequent to this drug testing and the negative results thereof, father shall have the following rights of partial physical custody. Father shall have alternating weekends of partial physical custody with the child, he shall pick the child up at 5:00 o'clock on a Friday from day care and shall return the child to mother's home on Sunday at 5:00 o'clock p.m. Father's first alternating weekend of partial physical custody shall commence on Friday, October 1st. Additionally, while father is not working, father Oc :3 ! J 7, 2 c! JS hGCl irk :'i 'i;-C'T14 shall also have every Tuesday and Wednesday afternoon of partial physical custody with the child. These periods shall commence at 1:00 o'clock p.m. when father shall pick the child up at day care and shall commence at 5:00 o'clock p.m. when father returns the child to mother at mother's home. These Tuesday and Wednesday afternoons shall commence on Tuesday, September 28th. The parties agree that they shall review the overall custody schedule within 6 months from today's date. Additionally, the parties will work on a holiday schedule which is mutually agreeable to both of them, and counsel will supplement the stipulation with the proposed holiday schedule when they work that out. 1ano M. Lantz, Esquire 100 Pine Street Harrisburg, PA 17101 For the Plaintiff aurie A. Saltzgiver, Esquire 410 orth Second Ha Street Harrisburg, PA 17108 For the Defendant pcb ,J nJ Q "I By the Court, JEFFREY MICHAEL UTZMAN, Plaintiff V. DANIELLE MARIE ASKEY, Defendant DANIELLE MARIE ASKEY, Plaintiff V. JEFFREY MICHAEL UTZMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2072 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY IN THE COURT OF COMMON PEAS CUMBERLAND COUNTY, PENN YLVANIA NO. 00597 S 2004 PACSES NO. 064106554 CIVIL ACTION - LAW IN SUPPORT Delano M. Lantz, Esquire and McNees Wallace & Nurick 1-1-6 hereby spect petition this Honorable Court for Leave to Withdraw their Appearance as cou sel for Jeffrey Michael Utzman and, in support thereof, avers as follows: 1. Petitioners are Delano M. Lantz, Esquire, and McNees) Wallace & Nurick LLC. 2. Respondent is Jeffrey Michael Utzman, 223 Basler Avenue, Le}noyne, PA 17043. 3. Petitioners were retained by Respondent on or about May 7, 2004 to represent him in the above referenced custody and support matters.!. 4. Defendant, Danielle Marie Askey, recently filed an Emergency ?etition for Special Relief and Injunctive Relief. A hearing on said Petition is scheduled for Monday, June 6, 2005 at 1:00 p.m. 5. Petitioners were not retained to represent Jeffrey Michael Utzm9n with respect to the Petition for Emergency Relief and are not agreeable to representing him on such Petition. 6. Petitioners are unable to continue to represent Jeffrey Michael Otzman for the following reason: a. Respondent has failed to communicate and cooperate with counsel 7. On April 4, 2005, Mr. Lantz sought the concurrence of Catherine A. Boyle, Esquire, counsel for Danielle Marie Askey, in the relief requested in this Petition. On April 4, 2005, Ms. Boyle stated that she does not oppose this Petition for leave to Withdraw Appearance. 8. Petitioners seek to withdraw as counsel of record before the Ju e 6, 2005 hearing on the Petition for Emergency Relief. WHEREFORE, Petitioners, Delano M. Lantz, Esquire and McNees W Ilace & Nurick LLC, respectfully request leave to withdraw their appearance as attorn ys for Respondent. Respectfully submitted, -SUVA A E NURIC L Delano M. Lantz I.D. No. 21401 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5348 Dated: April 6, 2005 -2- CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a copy of the foregoing document was served by first class mail, postage prepaid, upon the following: Catherine A. Boyle, Esquire Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 Mr. Jeffrey M. Utzman 223 Basler Avenue Lemoyne, PA 17043 Gi? y Delano M. Lantz Date: April 6, 2005 ?s T S m rn v -J rn ?l GU U .? tv RECEIVED APR 0 8 20 4r, JEFFREY MICHAEL UTZMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-2072 CIVIL TERM DANIELLE MARIE ASKEY, CIVIL ACTION - LAW Defendant IN CUSTODY DANIELLE MARIE ASKEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 00597 S 2004 PACSES NO. 064106554 JEFFREY MICHAEL UTZMAN, CIVIL ACTION - LAW Defendant IN SUPPORT RULE AND NOW, this ay of April, 2005, upon consideration of the Petition of Delano M. Lantz, Esquire and McNees Wallace & Nurick LLC for Leave to Withdraw as counsel for Jeffrey Michael Utzman, a Rule is hereby entered upon Jeffrey Michael Utzman, to show cause, if any, why the Petition should not be granted and why Delano M. Lantz, Esquire and McNees Wallace & Nurick LLC should not be permitted to withdraw as counsel for Jeffrey Michael Utzman in both of the above captioned matters. If Jeffrey Michael Utzman opposes this Petition, then he is hereby directed to file a written Answer to the Petition within 10 days of service of this Rule. If no written Answer is filed within 10 days of service, Delano M. Lantz, Esquire, and McNees Wallace & Nurick LLC may file a Petition to Make Rule Absolute and thereupon withdraw their appearance in both of the above captioned matters. ?C UJ i- `''i .6 c-51 o N , - tt_ c -J U G? CJ If a written Answer is filed by Jeffrey Michael Utzman opposing the Petition, a hearing shall be held on the,?! day of W, 2005, at J,j_: er _a,.m. in Courtroom No. J, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT: ?c ?a? JEFFREY MICHAEL UTZMAN, Plaintiff V. DANIELLE MARIE ASKEY, Defendant DANIELLE MARIE ASKEY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2072 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 00597 S 2004 PACSES NO. 064106554 JEFFREY MICHAEL UTZMAN, CIVIL ACTION - LAW Defendant IN SUPPORT PETITION TO MAKE RULE ABSOLUTE Delano M. Lantz, Esquire and McNees Wallace & Nurick LLC (collectively "MWN") respectfully represents as follows: 1. On April 7, 2005, MWN filed a Petition to Withdraw Appearance for Jeffrey Michael Utzman. 2. In response to the Petition, this Court on April 11, 2005 issued a Rule upon Jeffrey Michael Utzman to show cause why MWN should not be granted leave to withdraw their appearance as attorneys for Jeffrey Michael Utzman. Said Rule was returnable by written answer within ten (10) days. A copy of the Petition and the Rule is attached hereto as Exhibit "A." 3. As evidenced by the letter attached hereto as Exhibit "B," on April 13, 2005, MWN served the Rule upon Jeffrey Michael Utzman. 4. More than ten (10) days have passed since service of the Rule upon Jeffrey Michael Utzman. To date, he has not filed a written answer requested by the Rule dated April 11. 2005. WHEFORE, for the reasons set forth in MWN's Petition to Withdraw Appearance for Jeffrey Michael Utzman, MWN respectfully requests that the Court make the Rule absolute and enter an Order granting Delano M. Lantz, Esquire and McNees Wallace & Nurick LLC leave to withdraw as counsel.. Respectfully submitted, McNEES W ,LACE & NURICK Delano M. Lantz I.D. No. 21401 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5348 Dated: April 26, 2005 -2- 1` 1 RECEIVED APR 08 M jr-11, I FFREY MICHAEL UTZMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-2072 CIVIL TERM IELLE MARIE ASKEY, CIVIL ACTION - LAW Defendant IN CUSTODY IELLE MARIE ASKEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 00597 S 2004 PACSES NO. 064106554 FFREY MICHAEL UTZMAN, CIVIL ACTION - LAW Defendant IN SUPPORT RULE AND NOW, this mayday of April, 2005, upon consideration of the Petition of Delano M. Lantz, Esquire and McNees Wallace & Nurick LLC for Leave to Withdraw as counsel for Jeffrey Michael Utzman, a Rule is hereby entered upon Jeffrey Michael Utzman, to show cause, if any, why the Petition should not be granted and why Delano M. Lantz, Esquire and McNees Wallace & Nurick LLC should not be permitted to withdraw as counsel for Jeffrey Michael Utzman in both of the above captioned matters. If Jeffrey Michael Utzman opposes this Petition, then he is hereby directed to file a written Answer to the Petition within 10 days of service of this Rule. If no written Answer is filed within 10 days of service, Delano M. Lantz, Esquire, and McNees Wallace & Nurick LLC may file a Petition to Make Rule Absolute and thereupon withdraw their appearance in both of the above captioned matters. If a written Answer is filed by Jeffrey Mic ael Utzman opposing the Petition, a 9 shall be held on the?"dday of APA/2005, at jL:a(z.m, in Courtroom No. Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT: J. TRIJF COPY In T:stimony whereo' and e seaLof said rho..../..%......,d FRf°s'Nr ?RTC-0' °5 11-;, unto sot my hand >uo at Carl4le, ra. REY MICHAEL UTZMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-2072 CIVIL TERM ELLE MARIE ASKEY, CIVIL ACTION - LAW Defendant IN CUSTODY ELLE MARIE ASKEY, IN THE COURT OF COMMON P_, AS : m? Plaintiff CUMBERLAND COUNTY, PEN4, YLVANIA & Q V 00597 S 2004 NO ' . . PACSES NO. 064106554 REY MICHAEL UTZMAN, CIVIL ACTION - LAW =; -p Defendant IN SUPPORT Delano M. Lantz, Esquire and McNees Wallace & Nurick LLC hereby respectfully this Honorable Court for Leave to Withdraw their Appearance as counsel for Michael Utzman and, in support thereof, avers as follows: 1. Petitioners are Delano M. Lantz, Esquire, and McNees Wallace & Nurick LLC. 2. Respondent is Jeffrey Michael Utzman, 223 Bosler Avenue, Lemoyne, PA 17043. 3. Petitioners were retained by Respondent on or about May 7, 2004 to represent him in the above referenced custody and support matters. 4. Defendant, Danielle Marie Askey, recently filed an Emergency Petition for Special Relief and Injunctive Relief. A hearing on said Petition is scheduled for Monday, June 6, 2005 at 1:00 p.m. 5. Petitioners were not retained to represent Jeffrey Michael Utzman with respect to the Petition for Emergency Relief and are not agreeable to representing him an such Petition. 6. Petitioners are unable to continue to represent Jeffrey Michael Utzman for the following reason: a. Respondent has failed to communicate and cooperate with counsel 7. On April 4, 2005, Mr. Lantz sought the concurrence of Catherine A. Boyle, Esquire, counsel for Danielle Marie Askey, in the relief requested in this Petition. On April 4, 2005, Ms. Boyle stated that she does not oppose this Petition for leave to Withdraw Appearance. 8. Petitioners seek to withdraw as counsel of record before the June 6, 2005 hearing on the Petition for Emergency Relief. WHEREFORE, Petitioners, Delano M. Lantz, Esquire and McNees Wallace & Nurick LLC, respectfully request leave to withdraw their appearance as attorneys for Respondent. Respectfully submitted, Dated: April 6, 2005 -2- I.D. No. 21401 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5348 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a copy of the foregoing d?cument was served by first class mail, postage prepaid, upon the following: Catherine A. Boyle, Esquire Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 Mr. Jeffrey M. Utzman 223 Bosler Avenue Lemoyne, PA 17043 bate: April 6, 2005 Delano M. Lantz A V/N_ McNees Wallace & Nurick LLC attorneys at law DELANO M. LANTZ DIRECT DIAL: (717) 237-5348 E-MAIL ADDRESS: DLANTZQCMWN.COM April 13, 2005 VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND U.S. FIRST CLASS MAIL Mr. Jeffrey M. Utzman 223 Bosler Avenue Lemoyne, PA 17043 Re: Utzman v. Askey Dear Jeff: Enclosed and served upon you please find the Rule which was issued by the Court in regard to our Petition for Leave to Withdraw as Counsel. Please note that you have ten (10) days from the date of service to file an Answer. If you file an Answer, then a hearing will be held on May 2, 2005 at 11:00 a.m. in Courtroom No. 1, Cumberland County Courthouse. If you do not file an Answer within ten (10) days from the date of service, we will then file a Petition to Make Rule Absolute. Very truly yours, McN A LAC & NURICK By EESano M. Lantz DMUmsb Enclosure P.O. BOX 1166 • 100 PINE STREET • HARRISBURG, PA 17108-1166 • TEL: 717.232.6000 • FAX: 717.237.5300 • WWW.MWN.COM HAZLETON, PA • LANCASTER, PA • STATE COLLEGE, PA • COLUMBUS, OH • WASHINGTON, DC 7160 3901 9848 7302 7375 Mr. Jeffrey M. Utzman 223 Boslar Avenue Lemoyne, PA 17043 ENDER@ 51 EFERENCE: 22387-0001 TURN CEIPT RVICE Restrkted Delivery Total Postaoe & Fees US Postal Service " MARK v Receipt for ertified Mail isurance Coverage Provided of Use for International Mali Certified Article Number SENDERS RECORD CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a copy of the foregoing document was served by first class mail, postage prepaid, upon the following: Catherine A. Boyle, Esquire Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 Mr. Jeffrey M. Utzman 223 Bosler Avenue Lemoyne, PA 17043 Date: April 26, 2005 c> ?? °? cn - ?,? ? . ? „ ? . ? ., ?? ?? . ? ??? ?? ;, ?? ??? ? '? ? :< JEFFREY MICHAEL UTZMAN, Plaintiff V. DANIELLE MARIE ASKEY, Defendant DANIELLE MARIE ASKEY, Plaintiff V. JEFFREY MICHAEL UTZMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2072 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00597 S 2004 PACSES NO. 064106554 CIVIL ACTION - LAW IN SUPPORT PROOF OF SERVICE I, Delano M. Lantz, certify that I have served on q r• spy of the Rule to Show P ?I 13, 2005 a true and correct Cause dated April 11, 2005, together with the Petiti . Lantz, Esquire and McNees Wallace & Nurick LLC on of Delano chael Utzman was served by first class an to Withdraw Appearance for Jeffrey last known address of 223 Bos and certified mail on Jeffrey Michael Utzman at ler Avenue, Lemoyne pq 17043. A copy of the le ed April 13, 2005, together with the receipt for certificate tter iibit "A." mail, are attached hereto as McNEES WAL/ACE & N April 26, 2005 By Delano M. Lantz I.D. No. 21401 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237_5348 V/V -Nees Wallace & Nurick LLC attorneys at law DELANO M. LANTZ DIRECT DIAL: (717) 237.5348 E-MAIL ADDRESS: DLANTZ C(7( M'?VN.COM April 13, 2005 VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED AND U, S. FIRST CLASS MAIL Mr. Jeffrey M. Utzman 223 Bosler Avenue Lemoyne, PA 17043 Re: Utzman v. Askey Dear Jeff: Enclosed and served upon you please find the Rule which was issued b the n regard to our Petition for Leave to Withdraw as Counsel. Please note that You have 10) days from the date of service to file an Answer. If you file an q by Court rill be held on May 2, 2005 at 11:00 a.m. in Courtroom No. 1, Cumberland y ten :ourthouse. If you do not file an Answer within ten (10 days from the Answer, date of then a service, ,ill then file a Petition to Make Rule Absolute. County , we 4L/msb closure Very truly yours, MCNEES A LAC & By ?Z/? D ano M. Lantz 1166 • 100 PINE STREET • HARRISBURG, PA 17108-1166 • TEL: 717.232.8000 • FAX: 717.237.5300 ' HAZLETON, PA • LANCASTER, PA • STATE COLLEGE, PA • COLUMBUS, OH . WWWMWN.COM WASHINGTON, D(; 9848 7302 7375 rey M. Utzman ler Avenue e, PA 17043 22387-0001 r Certified Article Number SENDERS RECORD CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a copy of the foregoing document was served by first class mail, postage prepaid, upon the following: Catherine A. Boyle, Esquire Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 Mr. Jeffrey M. Utzman 223 Bosler Avenue Lemoyne, PA 17043 a, "I" Z ? Delano M. Lantz Date: April 26, 2005 O 'r7 ? ? Fist ? t ' ,;? L7 „ N ; *, ? "? -C RECEIVED APR 2 9 M Pm JEFFREY MICHAEL UTZMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-2072 CIVIL TERM DANIELLE MARIE ASKEY, CIVIL ACTION - LAW Defendant IN CUSTODY (DANIELLE MARIE ASKEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 00597 S 2004 PACSES NO. 064106554 *FFREY MICHAEL UTZMAN, CIVIL ACTION - LAW Defendant IN SUPPORT ORDER Kl--# AND NOW, this :241 day of April, 2005, upon consideration of the Petition for to Withdraw as counsel for Jeffrey Michael Utzman, it is hereby ORDERED and D that Delano M. Lantz, Esquire and McNees Wallace & Nurick LLC are leave to withdraw as counsel for Jeffrey Michael Utzman. Y C7y /- \ C?oVJ o`1 1 o?' RV TI-IC rni IDT- m ,.- n 1 F: t ? r 1 mss, l+' _th Y' Y tta .) a John J. Connelly, Jr., Esquire Attorney I.D. No. 15615 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Attorneys for Plaintiff/Petitioner JEFFREY MICHAEL UTZMAN, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. DANIELLE MARIE ASKEY Defendant/Respondent : NO. 04-2072 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY PETITION TO MODIFY EXISTING CUSTODY ORDER AND NOW comes the Petitioner, Jeffrey Michael Utzman, by and through his attorney, John J. Connelly, Jr., Esquire, and the law firm of James, Smith, Dietterick & Connelly, LLP, and files the following Petition to Modify Existing Custody Order and in support thereof, respectfully represents as follows: 1. The Petitioner is Jeffrey Michael Utzman, Plaintiff in the above-captioned action, (hereinafter referred to as "Father"), who currently resides at 500 Walnut Street, Apartment B-2, Lemoyne, Pennsylvania 17043. 2. The Respondent is Danielle Marie Askey, Defendant in the above-captioned action, (hereinafter referred to as "Mother"), who currently resides at 105 Second Street, Apartment 4, West Fairview, Pennsylvania 17025. 3. The parties are the parents of one minor child, namely, Johnathon Arthur Askey- Utzman, born May 24, 2003. 4. A Custody Order was entered in this matter on September 20, 2004, a copy of which is attached hereto and marked as Exhibit "A", establishing partial custody rights for Father. 5. Since the entry of the Order in September 2004, circumstances have changed warranting a modification of the Custody Order and the establishment of a specific schedule regarding weekdays, weekends, vacations and holidays. 6. Despite repeated requests by Father to reach an agreement with Mother, Mother has failed and refused to cooperate in establishing a workable schedule given the work schedule of Father. 7. Pursuant to Cumberland County Rules of Civil Procedure No. 208.2(d), it is believed that counsel for Mother does not concur in this Petition. WHEREFORE, your Petitioner, Jeffrey Michael Utzman, requests that this Honorable Court enter an Order specifically identifying his weekday, weekend, vacation and holiday partial custody schedule. Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: 21 ? u ") By: Attorneys for Plaintiff/Petitioner, Jeffrey Michael Utzman Hershey, PA 17033-0650 (717) 533-3280 VERIFICATION I, Jeffrey M. Utzman, verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. Date: -3 -?9 0 4;604n? J ffr tzman EXHIBIT "A" JEFFREY MICHAEL UTZMAN, . Plaintiff V. DANIELLE MARIE ASKEY, . Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-2072 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this 20th day of September, 2004, upon consideration of Plaintiff's complaint for custody with respect to the parties' child, Johnathon Arthur Askey-Utzman (date of birth May 24, 2003), and pursuant to an agreement reached between the parties in open court in the presence of their counsel, it is ordered and directed as follows: The parties shall have shared legal custody of the child. Mother shall have primary physical custody of the child. Father shall have rights of partial physical custody of the child dependent upon drug testing. The parties will agree to a mutually agreeable agency or laboratory for urine drug testing of the father. Father shall submit to drug testing prior to the implementation of the new schedule. Thereafter, father shall submit to random urine drug testing of no more than three tests per month. The parties shall share the cost of this drug testing. Subsequent to this drug testing and the negative results thereof, father shall have the following rights of partial physical custody. Father shall have alternating weekends of partial physical custody with the child, he shall pick the child up at 5:00 o'clock on a Friday from day care and shall return the child to mother's home on Sunday at 5:00 o'clock p.m. Father's first alternating weekend of partial physical custody shall commence on Friday, October 1st. Additionally, while father is not working, father shall also have every Tuesday and Wednesday afternoon of partial at physical custody with the child. These periods shall commence at day care P.m. when father shall pick the child up 1:00 o clock p• and shall commence at 5:00 o'clock p.m. when father returns the and Wednesday child to mother at mother's home. These Tuesday September 28th. afternoons shall commence on Tuesday, The parties agree that they shall review the overall custody schedule within 6 months from today's date. Additionally, the parties will work on a holiday schedule which is mutually agreeable to both of them, and counsel will supplement the stipulation with the proposed holiday schedule when they work that out. ?lano M. Lantz, Esquire 100 Pine Street Harrisburg, Harrisburg, For.the Plaintiff aurie A. Saltzgiver, Esquire 410 North Second 7Street Harrisburg, For the Defendant ( . pcb V Q b? By the Court, 1 f. 0;" -,1 1.1d! N u22S W-,z fL U IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-2072 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY CERTIFICATE OF SERVICE I, John J. Connelly, Jr:, Esquire, of James, Smith, Dietterick & Connelly LLP, attorney for JEFFREY MICHAEL UTZMAN, Plaintiff V. DANIELLE MARIE ASKEY Defendant the Plaintiff, Jeffrey Michael Utzman, hereby certify that I have served a copy of the foregoing Petition to Modify Existing Custody Order on the following on the date and in the manner indicated below: VIA U.S. MAIL. FIRST CLASS. PRE-PAID Laurie A. Saltzgiver, Esquire Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 JAMES, SMITH, DIETTERICK & CONNELLY, LLP I 10 9- Dated: IR2, By: J hn . onn ly, Jr. ey . 15615 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Plaintiff FILEID-?;1F=!- E 2099 SE? - I Ir"N 1: 4 7 CUM. _ I F P`rM -h0 , 00 Po Ck,? x'189 S ?r# a 3oos3 JEFFREY MICHAEL UTZMAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2004-2072 CIVIL ACTION LAW DANIELLE MARIE ASKEY IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, _ __ Friday, September 04, 2009 _ , 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 Thursday, October 01, 2009 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Dawn S. Sunda Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 R ')=ACE OF THE Ppojj+ 0- TAPY 1#69 SEP -4 Pry 1: 3 6 JEFFREY MICHAEL UTZMAN Plaintiff V. DANIELLE MARIE ASKEY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2004-2072 CIVIL ACTION -- LAW IN CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendant, DANIELLE MARIE ASKEY, in the above-captioned matter. September 24, 2009 Respectfully su ted: J. Michael Sheldon, Esquire Pa. ID # 83098 5821 Linglestown Road, Suite 212 Harrisburg, PA 17112 Tel: (717) 657-3464 Fax: (717) 671-1258 i-. T T 7ti.RY 2009 SEE 28 FFf 2: 2? i 1200 nJ OCi p, h JEFFREY MICHAEL UTZMAN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2004-2072 CIVIL ACTION LAW DANIELLE MARIE ASKEY Defendant IN CUSTODY ORDER OF COURT AND NOW, this k 3 k-? day of 0 A , , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated September 20, 2004 is vacated and replaced with this Order. 2. The Father, Jeffrey M. Utzman, and the Mother, Danielle M. Askey, shall have shared legal custody of Johnathon A. Askey-Utzman, born May 24, 2003. Major decisions concerning the Child including, but not necessarily limited to, his 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. In the event the Father is unable to obtain any information pertaining to the Child directly from the school district despite his right to access the Child's school information under this provision, the Mother shall provide the information to the Father upon request. 3. The Father shall have supervised periods of custody with the Child on the first, second and third Sunday of every month from 9:00 a.m. until 8:00 p.m. In addition, the Father shall have supervised periods of custody with the Child on the second, third and fourth Mondays of every month from after school, when the Mother shall pick up the Child after school and transport him directly to the paternal grandmother's residence, through 8:00 p.m., when the Father shall return the Child to the Mother's residence. In the event the Child does not have school on a second, third or fourth Monday of the month, the Father's period of custody shall begin at 7:30 a.m., when the Father shall pick up the Child at the maternal grandfather's residence and the Mother, on those occasions, shall pick up the Child at 8:00 p.m. at the paternal grandmother's residence. 4. The Father shall undergo random drug testing at the request of the Mother through the end of 2009. The Mother shall be responsible to pay all costs for the drug testing except in the event of a positive test result, in which case, the Father shall be responsible to reimburse the Mother for the costs of the testing. In the event that the results of the Father's drug testing are all negative through December 31, 2009, thereafter, the Father's periods of custody shall no longer require supervision. Until that time, all of the Father's periods of custody with the Child shall be supervised by the paternal grandmother. 5. The parties shall share having custody of the Child on holidays as follows: A. Thanksgiving: In odd-numbered years, the Father shall have custody of the Child for the Thanksgiving holiday from Thanksgiving Day at 9:00 a.m. through the Friday after Thanksgiving at 8:00 p.m. The Mother shall have custody of the Child on Thanksgiving in even- numbered years. B. Christmas: In odd-numbered years, the Father shall have custody of the Child on Christmas Eve from 7:30 a.m., when the Father shall pick up the Child at the maternal grandfather's residence, through 8:00 p.m., and the Mother shall have custody from Christmas Eve at 8:00 p.m. through the entire Christmas Day. In even-numbered years, the Father shall have custody of the Child from 7:30 a.m., when the Father shall pick up the Child at the maternal grandfather's residence through 5:00 p.m., the Mother shall have custody on Christmas Eve from 5:00 p.m. through 8:00 p.m., and the Father shall have custody from Christmas Eve at 8:00 p.m. through Christmas Day at 10:00 a.m., and the Mother shall have custody for Christmas Day beginning at 10:00 a.m. As part of his vacation custody, the Father shall be entitled to have custody of the Child for two consecutive days between December 26 and New Year's Day each year with the specific times to be arranged by agreement between the parties. C. Easter: In odd-numbered years, the Father shall have custody of the Child on Easter Sunday from 8:00 a.m. until 2:00 p.m. and the Mother shall have custody from 2:00 p.m. until 8:00 p.m. In even-numbered years, the Mother shall have custody of the Child on Easter Sunday from 8:00 a.m. through 2:00 p.m. and the Father shall have custody from 2:00 p.m. until 8:00 p.m. D. Halloween (October 31): In every year, beginning in 2010, the Father shall have custody of the Child from after school at 3:45 p.m. through 8:00 p.m. on Halloween. E. Mother's Day/Father's Day: In every year, the Mother shall have custody of the Child for Mother's Day and the Father shall have custody of the Child for Father's Day from 9:00 a.m. until 8:00 p.m. F. Child's birthday/Father's birthday: In every year, the Father shall have custody of the Child for a four-hour period in close proximity to the Child's birthday and the Father's birthday with the specific arrangements to be established by agreement between the parties. G. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 6. In every year, the Father shall be entitled to have a period of vacation custody with the Child for one full week during the month of June upon providing at least 30 days advance written notice to the Mother. The Father shall also be entitled to have a period of vacation custody with the Child on two consecutive days between December 26 and New Year's Day each year with the specific times to be arranged by agreement between the parties. 7. The Father shall be entitled to have reasonable liberal telephone contact with the Child. The parties agree that the Father may contact the Child on the Child's cell phone between 5:00 p.m. and 6:00 p.m. on a daily basis. 8. 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. 9. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: ?/ J Connelly, Jr., Esquire - Counsel for Father Michael Sheldon, Esquire - Counsel for Mother GOFI,es I0II441t-,7 ?:?l n -U' 'PT TT !? llT Tn 9r JEFFREY MICHAEL UTZMAN Plaintiff VS. DANIELLE MARIE ASKEY Defendant Prior Judge: J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2004-2072 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 CUSTODY OF Johnathon A. Askey-Utzman May 24, 2003 Mother 2. A custody conciliation conference was held on October 1, 2009, with the following individuals in attendance: the Father, Jeffrey M. Utzman, with his counsel, John J. Connelly, Jr., Esquire, and the Mother, Danielle M. Askey, with her counsel, Michael Sheldon, Esquire. 3. The parties agreed to entry of an Order in the form as attached. 0 "00 Date Dawn S. Sunday, Esquire Custody Conciliator