HomeMy WebLinkAbout09-3260OQ- 324d
JOHN H. JUNGREN,
Plaintiff,
V.
LINDA D. JUNGREN,
Defendant.
IN THE COURT OF COMMON PLEAS
YORK COUNTY, PENNSYLVANIA
: NO. 2001-SU-05259-03
: CIVIL ACTION - LAW
IN CUSTODY
ORDER OF COURT `
AND NOW, this of M&J%-, , 2002, upon consideration of
the attached Custody S*iait, it is Wr6by ORDERED and DECREED that:
'I'mo of the subject minor child. The parties
shall consult each odw relative to s i finpoft& decisions considering the minor child
including such matters as health, education and religion. Father shall be entitled to all of
Ayron's school, medical and financial information, including but not limited to reports,
report cards, schedules, financial statements and bank statements.
2. Mother shall have primary physical custody of the subject minor child
during the school year, and Father shall have primary physical custody of the child during
the summer subject to the following terms:
A. During the child's summer vacation from school, Mother shall have
the following periods of partial custody:
(i) Every other weekend from Friday at 5:00 p.m. through
Monday morning at 8:30 a.m.
(ii) During the weeks following Father's custodial weekend,
Mother shall have custody of Ayron on Tuesday from 5:00
p.m. until Wednesday morning.
(iii) . During child's summer vacation from school, Mother shall
have custody of Ayron for two weeks which may be exercised
either in two seven-day blocks, or in one 14-day block, at
Mother's option, provided that:
(a) Mother shall advise Father of the periods of time
during which she plans to exercise this two-week
period of partial custody no later than May 15th of
each year; and
(b) Mother shall exercise her rights under this subsection
in such a manner as not to interfere with Ayron's Scout
Summer Camp or the Kids College Program.
(iv) Father shall allow Ayron to spend at least one week with his
grandparents in New York if Ayron expresses a desire to do
so.
B. During the school year, Father shall have the following periods of
partial custody:
2
(1) Every other weekend from Friday after school through
Monday morning;
(n) Every Scout meeting night from after school until the
conclusion of the Scout meeting, except for during the weeks
following Mother's custodial weekend, when Father shall
keep Ayron overnight following the Scout meeting. Should
there be no Scout meeting during the week following
Mother's custodial weekend, Father shall have custody of
Ayron on Tuesday from after school until Wednesday
morning.
(iii) On those days that Ayron is off from school and Mother is at
work.
3. The holiday schedule shall be as follows:
A. The parties shall alternate the following holidays commencing with
Mother getting Memorial Day in 2002:
• Memorial Day;
• Fourth of July; and
• Labor Day.
B. Mother shall have custody of Ayron during the entire Thanksgiving
vacation each year.
3
C. Father shall have custody of Ayron during the entire Easter vacation
each year.
D. Christmas shall be divided into segment "A," which shall be from
Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon,
and segment "B," which shall be from Christmas Day at 12:00 noon
through December 26th at 12:00 noon. Mother shall have segment
"A" in odd-numbered years, and Father shall have segment ("B"' in
odd-numbered years. Father shall have the right to spend the
remainder of the Christmas vacation from school with Ayron.
4. In odd-numbered years, Mother shall have custody of Ayron on his
birthday; and in even-numbered years, Father shall have custody of Ayron on his
birthday.
5. The parties shall have the right from time to time to alter or modify the
foregoing schedule in order to assure that the best interests and welfare of Ayron are
served.
BY THE COURT:
J.
CERTIFIED from the records of the CoIrt of common Pleas of
York County, Pennsylvania thisZ_tl f 0a
Pamela S. Lee, Prothonotary
4
kM-15-2092 09:16 KILLIAN & GEPHART 717 238 0592 P.02/06
JOHN H. JUNGM,
Plaintiff,
v
LINDA D. JUNGREN,
Defendant.
IN THE COURT OF COMMON ;PLEAS
YORK COUNTY, PENNS'YLVAkIA..
NO. 20014U-05259-03
CIVIL ACTION - LAW
IN CUSTODY
.CUSS `, MYiTIPC_TLATION ;
THIS AGREEMENT made this 15th day of . March '.:.2002, by rind
between JOHN H. JUNGREN (havinafter rm&rted to as "Father") aw. Z. NDA D.
JUNGREN (hmvhmRw referred to as "Mother");
VVH MFA89 the undersigned an the parents of.AYRON JON JU' N N, barn
September 27,
WHEREAS, the parties, having reached an agrees imw rig 4-.Castody of.
the subject minor child, do hereby STIPULATE and AGREE to the entry of a-court order
as follows:
L The parties agree that they shall share legal custody of the suWact minor
child. The parties agree that they shall consult each other 16mve to au kv t
decisions considering the minor child including such matters as heal *4 ecbrcetiot - atbd
religian. The parties agree that Father shall be entitled to all of Ayron'.s scho L. medical
MAR-15-2002 09:16 KILLIAN & GEPHART 717 238 0592 P.03i06
mid financial information, mludmg but lieu hDiiW to mPosts, report.
GBrdB, 9GhedXlles,
1nancigl gURememb and bank smtmnem.
2. The parties agree that Mother shall have primaryphysical custody Of Ole..
subject minor child during the school year; and-Father shall have primary Phymcal.
custody of the child daring the summer subject to the following terms: •
A. During the child's stteamer,vacation from school, Mother: shall have.
the following periods of partial custody:'
(i) Every other wbelmmdd ftm Friday at 5:00: Monday momW* of 8:30 a.m.
(ii) During the weeks. following Father's custodial. woelaend;
Mother shall have custody of Ayr+on on Mbpday firm 5:00
pan. until Wednesday mofting,
(iii) During child's sumgree vacation from school. Mi shall .
have custody of •Ayron for two weeks which may be:
c?x?ed
eft a in two seven-day, blocks, or in one l4. b :at
Mother's opdon, provided that: ,
(a) Mother shall' idviw Fauber of the. pear O& of tine:
daring which she plans to cwrd a this two-week
period of partial custody no latertha4 May. 15th of
each yein and ..
MAR-15-2002 09:17 KILLIAN & GEPHART 717 238 0592 P.04i06
(b) Modw sballekercise her rights Under tbls subsectiw.
in such anUM W-
AS not to bftrfi O, With Ayr="i Scout . :
Sumner CWV or the Kids 0011040 Prop=
(iv) Father shall allow Ayron to speaamd at lead one week ji4i •his
grandparents is New York if Aye eapre Oes a• desiiie to .da
so.
B. During the school year; Father shad have the following *do& of
partial custody: ,
(i) Every other weekend-fim. Friday after school *Ion*
Monday morning;
(ii) Every scoot moagng i. q.ft firma after school .40':tbe
conclusion of the -Soodt.mevdng: =49 for dung ft, *eeka
following Mother's c u todisl weekend, wbceti F hail
keep Ayron ovarnigW following die scout meet*.
°SSaci!uid .
there be no Scant meeting during tiro week•followu4'
Mother's GUStQdiW weekend, Father shall have algbody of '
Ayroo on Tuesday ftm after school until "Wednesday.
14
.MAR-15-2902 09:1? KILLIAN & GEPHART 717 238 0592 P.05/06
3. Tho parties agree that the holiday schedule shall be a§ follows:
A. The parties shall alternate dw following holidays aottimssieing :with •
Mother getting Memorial Day in 2002:
• Memorial Day,
Fourth .of July;. and
Labor Day, . .
B. Mother shall have custody of Ayron during the entire Th41*$ nriug
vacation each year., `
C. Father shall have custody of Ayron during the Mire Faster vacation: .
each year.
D. Christmas shell be divided into segttsm"A," which shall' b6 from
Christmas Eve at 12:06 noon-through Christmas-Day at 1200 noon,
and segment "B,"'which shall be fi+om. Christmas Day::at .12;00 Noon
through December 26th at 12:90 noon. Mother shall have, segnieut
"A" in odd numbered years, and Farmer shall1ave-segmea "B"--in
odd numbered years. The parties further agree!dW;Father*shalI
have the right to spend the remainder of the Chris ras v"on *om:
school with Ayron.:
4. The parties agree that in o0d4onbered years, Mother OW Halve -"Cody of
Ayron on his birthday; and in even-numbered years, Father shall have rtisto¢y 6f Ayron
on his. birthday;
4
,
.'MAR-15-2002 09:17 KILLIAN 8 GEPHART 717 238 0592 P.e6/06
5. The parties agree that they shall have their ght $tom-time to timol. 0 a tenor
modify the foregoing schedule in order to assure that d w best interests and wek c of ! .
Ayrou are served,
IN WETNESS WHEREOF, the parties have hereunto set their hands add seats. the
day and year first above written.
WITNESS:
L109 1 '1 AY 22 F' l'i 1G: 38
C ? •°v w k `El?r' i
?j
?l?s. rv AL
OQ - 3246 6
JOHN H. JUNGREN,
Plaintiff,
V.
LINDA D. JUNGREN,
Defendant.
IN THE COURT OF COMMON PLEAS
YORK COUNTY, PENNSYLVANIA.
NO. 2001-SU-05259-03
CIVIL ACTION - LAW :.
IN CUSTODY
O OF COURT
AND NOW,. dis day of iAk 112002, upon consideration of
the attached Cudody 'StOWWdea, it is busby ORDERED and DECREED that:
1. The of the subject minor child. The parties
shall consult each otwr relsfive to all iiqwtW decisions considering the minor child
including such matters as health, education and religion. Father shall be entitled to all of
Ayron's school, medical and financial information, including but not limited to reports,
report cards, schedules, financial statements and bank statements.
2. Mother shall have primary physical custody of the subject minor child
daring the school year, and Father shall have primary physical custody of the child during
the summer subject to the following terms:
A. During the child's summer vacation from school, Mother shall have
the following periods of partial custody:
(i) Every other weekend from Friday at 5:00 p.m. through
Monday morning at 8:30 a.m.
(ii) During the weeks following Father's custodial weekend,
Mother shall have custody of Ayron on Tuesday from 5:00
p.m. until Wednesday morning.
(iii) . During child's summer vacation from school, Mother shall
have custody of Ayron for two weeks which may be exercised
either in two seven-day blocks, or in one 14-day block, at
Mother's option, provided that:
(a) Mother shall advise Father of the periods of time
during which she plans to exercise this two-week
period of partial custody no later than May 15th of
each year;, and
(b) Mother shall exercise her rights under this subsection
in such a manner as not to interfere with Ayron's Scout
Summer Camp or the Kids College Program.
(iv) Father shall allow Ayron to spend at least one week with his
grandparents in New York if Ayron expresses a desire to do
so.
B. During the school year, Father shall have the following periods of
partial custody:
2
(i) Every other weekend from Friday after school through
Monday morning;
(ii) Every Scout meeting night from after school until the
conclusion of the Scout meeting, except for during the weeks
following Mother's custodial weekend, when Father shall
keep Ayron overnight following the scout meeting. Should
there be no Scout meeting during the week following
Mother's custodial weekend, Father shall have custody of
Ayron on Tuesday from after school until Wednesday
morning.
(iii) On those days that Ayron is off from school and Mother is at
work.
3. The holiday schedule shall be as follows:
A. The parties shall alternate the following holidays commencing with
Mother getting Memorial Day in 2002:
• Memorial Day;
• Fourth of July; and
• Labor Day.
B. Mother shall have custody of Ayron during the entire Thanksgiving
vacation each year.
3
C. Father shall have custody of Ayron during the entire Easter vacation
each year.
D. Christmas shall be divided into segment "A," which shall be from
Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon,
and segment "B," which shall be from Christmas Day at 12:00 noon
through December 26th at 12:00 noon. Mother shall have segment
"A" in odd-numbered years, and Father shall have segment "B" in
odd-numbered years. Father shall have the right to spend the
remainder of the Christmas vacation from school with Ayron.
4. In odd-numbered years, Mother shall have custody of Ayron on his
birthday; and in even-numbered years, Father shall have custody of Ayron on his
birthday.
5. The parties shall have the right from time to time to alter or modify the
foregoing schedule in order to assure that the best interests and welfare of Ayron are
served.
BY THE COURT:
J.
CERTIFIED from the records of the Cov of Common Pleas of
York County, Pennsylvania this;rcd f A.D Oag
Pamela S. Lee, Prothonotary 4 1219
t?AR-15-2?2 09*16 KILLIAN & GEPHART 717 238 0592 P.02i06
JOHN IL MGREN, -
Plainrt:if& -
V.
LINDA D. JUNGREN, :
Defendant.
IN THE COURT OF COMMON PLEAS
YORK COUNTY, PENNSYL-VA14U-'
NO. 20014U-05259-03
CIVIL AEON - LAW
IN CUSTODY
mum wan iATYQ11j
TMIS AGREEMENT made this 15th day of March .2002, by rind
between JOHN EL JUNGREN (oafder mend to as "Father") and LINDA: D.
JUNGREN Owe after refereed to as "Mother");
WlO;IREAS, the undersigned are the pa=ts of-APRON JON JUIYGREN, boric
September 27,
WHERW, the parties, having rewled an agreema t roga ift tiec;astody of.
the subject minor child, do bereby STIPULATE and AGREE to the entry of a-cow order
as follows:
1. 'Me parties agree that they shall share legal custody ofthe subject 'minor
child The parties agreo that they shall consult each other relative to all WVwUnt
decisions considering the mmor child inatudiig such matters as heattia; 0&witiou #A d
religion. The parties agree that Father shall be entitled to all of Ayron'.s school; Medical
MAR-15-2002 09:16 KILLIAN & CEPHART 717 238 0592 P.03/06
and financial information, keluding bat not liiaited. to repasts, repcxt.c , schedules,
financial staftmemb and bank statments.
2. The parties agree that Mother wall have primary physical. custody of xho..
subject minor child daring the school year, and Fadw shall have Fumy physical. .
custody of the child during the summer subjea to the following terms:
A. During the child's sutnmerr vacation fxnm school, Moth shelf ha*
the following Mods of partial custody:
{i) Every odw wbdmd ftm Friday at 5:00:
m,
Monday morning at' 8:30 a.m.
(ii) During the weelm. following Father's mw" • wed=d,
Mother shall have.dmtody of Aym on Tuo®day from 5:00•:
p.m. with wednesdey maknhgg
(iii) Daring obild's suamW vacation frosa school, M shall
.
have custody of Ayron fur two weeks which may bs aid
eidw is two seven-day. blocks, or in one t4day:bboek, at
Mothees Edon, prmwed than: ,
(a) Mother shadl•advise Father of t e.
pesiot}s of th?o:
during which she plans to mcercitse this two-waok
717 238 0592 P.04/06
,MAR-15-2002 09:17 KILLIAN & GEPHPP-T
",Oke? ba riglft tbls. tion
(b)
g [ as not to bfttf "-with }?yror['s SCOUt ,
Summer C Amp cr the Kids COftP ' `.
Fadaa' Shall alloy Ayrm to spend at teams W weed ?'
(iv) a Josue to do ;
in New York if Aymn oaeptO"
SO.
school year., F sW Dave the followi18 paz?! of
H. Doing
partial custody.
(i) ce, otbm w fi?osn Friday afbst sabod t?
Monday rno I"r.
night° aflnr sclr?ool until the
mood
Scout(u) Every
'Sc uak
conclusion of the
WWWL wb:en Eat '
Mother's cumodW W
following
followin8 ? Scout iaeeting?:? .
keep Ayran ovarOSbt
owe be no Scant &U'M the week 0110 .
Moir's cusww, wed, Fa&a Mali bavc a?stoy Qf .
t
Ayron m Tumay 6,610 attar school untiiVe ± Y.
4n those clays *at Ayron is. off *OM school. and ?s at
work.
.MAR-15-2002 09 17 KILLIAN & GEPHART 717 238 0592 P.05/06
3. The parties agree that tha holiday sehedale shag be a§ follows:
A. The parties shall altecaate the following holidays ao ciag with
Mother getting Memorial Day in 2042:
• Memorial Day;
Fourth .of July;. and
Labor Uey. ..
B. Mother shall have custody of Ayron doting the entire Thanksgiving
vacation each year.- '
C. Father shall have custody of Ayron during the entire Easter vacation:
each year.
D. Christmas shall be divided into sopmut "A," which "I be fin.
Christmas Eve at 12:00 noon through Christman Day at 12:00 noon,.
and segment "B,"'which shall be frmaChristr= D.ey-A.Y2:00 iaoon
through Dwmber 264h at 12:00 noon. Mother shall have segment
"A" in odd numbered years, and Farmer shall- hive .segme t,"B. --in
odd-numbered years. The partite further agree;tlutt,Fiffier°sha11
have the right to spend The remainder of the Christ?ais vacation *om:
school with Ayron.:
4. The parties agree that in odd-numberd years, Mother shall hvc vustody of
Ayron on his birthday; and in even numbered years, Father shall have etigb*y of Ayron
on his. birthday.
'MAR-15-2002 09:17 KILLIAN & GEPHART 717 238 0592 P.06/06
5. The parties agree that they shall have the-r*ht from-time to tiii2c to atter.or
modify the foregoing schedule in order to assun that the beat interests and we* of
Ayrou are served.
IN WETNESS WHEREOF, the parties have hereunto set their hands acid seals-the
day and year first above written.
WITNESS:
RL -F)
NRY
F T":
r
LC, 9? iii i' 22 P i 12'. e ? iLr t ' w'.l}"?..
??1 ?2?sz3
JOHN H. JUNGREN, III
Plaintiff
Vs
LINDA D. JUNGREN,
Defendant
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
:NO. DQ- 32L,CS
: CIVIL ACTION - CUSTODY
EMERGENCY PETITION FOR SPECIAL RELIEF
PURSUANT TO 23 Pa.C.S.A. 5308
Removal of a child from the jurisdiction
NOW COMES Plaintiff/Petitioner, John H. Jungren, III by and through his
attorneys Susan K. Pickford, Esquire and Carrucoli and Associates and files this Petition
seeking emergency relief to prohibit Defendant from moving out of Pennsylvania with
the minor child and sets forth the following in support thereof:
1. John H. Jungren, III is the Plaintiff/Petitioner (hereinafter "Petitioner") in the above
captioned action residing at 3025 Columbia Avenue, Camp Hill, Cumberland County,
Pennsylvania.
2. Petitioner is the biological father of the minor child Ayron Jungren (DOB 9/27/91).
3. Linda D. Jungren is the Defendant/Respondent (hereinafter "Respondent") in the
above captioned action residing at 1508 Simpson Ferry Road, New Cumberland,
Cumberland County, Pennsylvania.
4. Respondent is the biological mother of the minor child.
5. On or about March 25, 2002 an Order for Custody was entered pursuant to stipulation
of the parties granting primary custody to Respondent and periods of partial custody to
Petitioner. A copy of said Order is attached hereto as Exhibit "A".
6. All parties to this action have resided in Cumberland County for more than 6 months
7. Respondent has informed Petitioner that she intends to relocate with the minor child to
New York State in the immediate future.
8. Petitioner believes and therefore avers that Respondent has removed the minor child
from school prior to graduation.
9. Petitioner believes and therefore avers that the intended move is immanent and is an
attempt to frustrate Petitioner's contact and relationship with the minor child.
10. Petitioner is disabled due to a heart condition therefore moving the child to another
state would be a hardship on him with regard to maintaining a relationship with his son.
11. The relationship between Petitioner and minor child is currently strained over issues
of education and work ethic. To remove the child at this time frustrates Petitioner's
ability to resolve these issues, help guide his son through this maturing process and is not
in the best interests of the child.
WHEREFORE, Petitioner respectfully requests that this Honorable Court issue a
temporary emergency order prohibiting Respondent from removing the minor child from
Pennsylvania pending hearing and final order on the issue of relocation.
Respectfully submitted,
Susan K. Pickf&IT, Esq.
ID# 43093
Attorney for Petitioner
875 Market Street
Lemoyne, PA 17043
(717)761-1274
t
JOHN H. JUNGREN, IN THE COURT OF COMMON PLEAS
Plaintiff, YORK COUNTY, PENNSYLVANIA
V. NO. 2001-SU-05259-03
LINDA D. JUNGREN, CIVIL ACTION - LAW
Defendant. IN CUSTODY
ORDER OF COURT
AND NOW, this ?2 '0" day of )lra,-udk= , 2002, upon consideration of
the attached Custody Stipulation, it is hereby ORDERED and DECREED that:
1. The parties shall share legal custody of the subject minor child. The parties
shall consult each other relative to all important decisions considering the minor child
including such matters as health, education and religion. Father shall be entitled to all of
Ayron's school, medical and financial information, including but not limited to reports,
report cards, schedules, financial statements and bank statements.
2. Mother shall have primary physical custody of the subject minor child
during the school year, and Father shall have primary physical custody of the child during
the summer subject to the following terms:
A. During the child's summer vacation from school, Mother shall have
the following periods of partial custody:
(i) Every other weekend from Friday at 5:00 p.m. through
Monday morning at 8:30 a.m.
(ii) During the weeks following Father's custodial weekend,
Mother shall have custody of Ayron on Tuesday from 5:00
p.m. until Wednesday morning.
(iii) During child's summer vacation from school, Mother shall
have custody of Ayron for two weeks which may be exercised
either in two seven-day blocks, or in one 14-day block, at
Mother's option, provided that:
(a) Mother shall advise Father of the periods of time
during which she plans to exercise this two-week
period of partial custody no later than May 15th of
each year; and
(b) Mother shall exercise her rights under this subsection
in such a manner as not to interfere with Ayron's Scout
Summer Camp or the Kids College Program.
(iv) Father shall allow Ayron to spend at least one week with his
grandparents in New York if Ayron expresses a desire to do
so.
B. During the school year, Father shall have the following periods of
partial custody:
2
(i) Every other weekend from Friday after school through
Monday morning;
(ii) Every Scout meeting night from after school until the
conclusion of the Scout meeting, except for during the weeks
following Mother's custodial weekend, when Father shall
keep Ayron overnight following the Scout meeting. Should
there be no Scout meeting during the week following
Mother's custodial weekend, Father shall have custody of
Ayron on Tuesday from after school until Wednesday
morning.
(iii) On those days that Ayron is off from school and Mother is at
work.
3. The holiday schedule shall be as follows:
A. The parties shall alternate the following holidays commencing with
Mother getting Memorial Day in 2002:
• Memorial Day;
• Fourth of July; and
• Labor Day.
B. Mother shall have custody of Ayron during the entire Thanksgiving
vacation each year.
C. Father shall have custody of Ayron during the entire Easter vacation
each year.
D. Christmas shall be divided into segment "A," which shall be from
Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon,
and segment "B," which shall be from Christmas Day at 12:00 noon
through December 26th at 12:00 noon. Mother shall have segment
"A" in odd-numbered years, and Father shall have segment "B" in
odd-numbered years. Father shall have the right to spend the
remainder of the Christmas vacation from school with Ayron.
4. In odd-numbered years, Mother shall have custody of Ayron on his
birthday; and in even-numbered years, Father shall have custody of Ayron on his
birthday.
5. The parties shall have the right from time to time to alter or modify the
foregoing schedule in order to assure that the best interests and welfare of Ayron are
served.
BY THE COURT:
J.
4
JOHN H. JUNGREN, III :IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
Vs . NO.
LINDA D. JUNGREN, : CIVIL ACTION - CUSTODY
Defendant
VERIFICATION
I, JOHN H. JUNGREN III, verify that the statements made in this Petition 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 unsworn falsification to authorities.
r
Dated: 65
H. JUNGF N IN Petitioner
JOHN H. JUNGREN, III :IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
Vs : NO.
LINDA D. JUNGREN, : CIVIL ACTION - CUSTODY
Defendant
CERTIFICATE OF SERVICE
I, Susan K. Pickford, Esq. certify that I have, this date, served the foregoing document on
the persons and in the manner set forth below.
Linda D. Jungren
1508 Simpson Ferry Road
New Cumberland, PA 17070
(VIA first class mail from New Cumberland post office)
Respectfully submitted,
an K. Pickford,
ID# 43093
Attorney for Petitioner
875 Market Street
Lemoyne, PA 17043
(717)761-1274
rlLr
2liNO li Vi AY G2 Fi'1I42 39
7o. oo ?CL m
h2? .2A5S7?
ILI
lr Tf
ijl
ZJ? HA Y'
s,
J. Paul Helvy
I.D. No. 53148
Lynnore K. Seaton
I.D. No. 210241
McNees Wallace & Nurick LLC
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108-1166
(717) 232-8000
(717) 260-1659 (fax)
Iseaton(aD-mwn.com
Attorneys for Defendant
JOHN H. JUNGREN,
Plaintiff
V.
LINDA D. JUNGREN,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 09-3260
CIVIL ACTION -LAW
IN CUSTODY
ANSWER TO PETITION FOR SPECIAL RELIEF
PURSUANT TO 23 Pa.C.S.A. §5308
AND NOW COMES Defendant/Respondent, Linda D. Pearson, formerly Linda D.
Jungren, by and through her attorneys, McNees Wallace & Nurick LLC, and files the
following Answer to Petition for Special Relief.
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted. By way of further answer, the parties have substantially
deviated from the Order for Custody for over 3 months. Cumberland County Children
and Youth Services determined that Petitioner abused Ayron Jungren (Child) and
continues to recommend that no contact occur between Petitioner and Child. See
Exhibit 'A" a letter from the Cumberland County Children and Youth Services; also see
Exhibit T," a report issued by Childline & Abuse Registry issuing a finding of "indicated"
in the investigation into Petitioner's actions.
Additionally, Child will receive his high school diploma in June 2009 and has
expressed a strong desire to avoid contact with this father at this time.
6. Admitted.
7. Denied. Respondent intends to relocate to Warren, Pennsylvania for
numerous reasons, including:
a. Respondent accepted a lateral job offer in her field of expertise
which will improve Child's lifestyle due to the lower cost of living in
the area and enable Respondent to provide for the Child's needs
and save for college expenses, especially in light of the fact that
Petitioner does not pay child support.
b. Respondent must provide care for her elderly father who is living
near Warren, who is 80 years old and who is struggling to live
independently following the death of Respondent's mother.
8. Denied. Child withdrew from high school due to the emotional distress
caused by Petitioner's abuse; however, Child will receive his high school diploma in
June 2009.
9. It is admitted that the move is imminent; however, it is denied that it is an
attempt to "frustrate" Petitioner's contact and relationship. As stated, the purpose of the
move is so the family can benefit from a lower cost of living due to a lateral occupational
move and so Respondent can care for her elderly father. Additionally, Child will receive
his high school diploma in June and he plans to attend college at Jamestown
Community College in the fall, which is near the area of relocation.
Furthermore, this move will not frustrate Father's contact and relationship with
Child as there is currently no contact due to the finding of abuse by Children and Youth
Services. It was Petitioner's continuous emotional abuse of Child that severely
damaged the relationship between Petitioner and Child. See Exhibit "C," intake
assessment and letter from Michael J. Kinney, psychologist with Adams Hanover
Counseling Services, Inc.
10. Denied. As stated, Child is not moving to another state and Child has the
ability to drive to facilitate contact if desired.
11. Denied. The relationship between Petitioner and Child is strained due to
Petitioner's continuous abuse as found by the Children and Youth Services.
By way of further answer, Child needs the ability to continue to rehabilitate from
Petitioner's abuse prior to beginning college in the fall at Jamestown Community
College. Child has just started regaining weight that was lost due to the depression he
experienced following his custodial time he had with Petitioner last summer.
Additionally, Child's lifestyle will improve due to the lower cost of living and Child
will benefit from contact with his Grandfather in the remaining time available. Finally,
Child will be relocating closer to the area where he plans to attend college prior to the
start of classes; therefore, it is in Child's best interest that the Emergency Petition for
Special Relief be denied.
WHEREFORE, Respondent respectfully requests that this Honorable Court
deny this Petition for Special Relief.
McNEES WALLACE & NURICK LLC
B
J. I'Vau-I Heivy
I.D. No. 53148
Lynnore K. Seaton
I.D. No. 210241
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108-1166
(717) 232-8000
(717) 260-1659 (fax)
Iseatone-mwn.com
Attorneys for Plaintiff
Dated: May 27, 2009
EXti;d;f,?
MAY/22/2009/FRI 09:23 AM
P. 003/008
CUMBERLAND COUNTY CHILDREN AND YOUTH SERVICES
Protecting Children - Preserving Families Promoting Well--being
Human Services Building, 16 West High Street, Suite 200, rartisle, PA 17013-2961
Telephone-,1--888-697-0371, Extension 6120 Fax: (717) 240-6433
$mail; CCC'YQccpa.net
April 24, 2009
Ms. Linda Pearson
1508 Simpson Perry Road
New Cumberland, Pa 17070
RE: Ayron Jungren
CPS#: 21-07768
Dear Ms. Pearson,
I am writing this letter to advise you that the Child Protective Services (child abuse)
investigation concerning your son, Ayron J'ungren, in which John Jungren, the child's father was
named as the alleged perpetrator, is indicated and your case has been closed with Cumberland
County Children and Youth Services. In the near future, you will be receiving.a letter from the
Department of Public Welfare Which describes this finding.in more detail..
While your case has been closed with the Agency, this Agency continues to advise that the
safety plan of no contact between Ayron and his father, continue until a licensed therapist or
psychologist believes it would be in Ayron's best interest for contact to resume. Finally, this
Agency continues to recommend that Ayron continue in his individual counseling with Dr.
Kinney at this time.
If the Agency receives additional referrals on your family, the Agency is required to
investigate them.
e.V1„1{I.
If you have any questions or require assistance in the future, please feel free to contact the
Agency. Thank you for your time and-cooperation with this matter.
Sincerely,
ugmm l &JA)vo-
Corinne Bennett
Intake Caseworker
C???b; ? a
I MAY/2?/2009/FRI 09:24 AM
it*
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF PUBLIC WELFARE
HARRISBURG, PENNSYLVANIA 17120
OFME OF
CWLORSN, YOUY14 6 FAMIL.IRS
P. 004/008
CKLOUNE 3 ABUVE REGISTRY
DWARTMENT OF PUBLIC W WARE
NCLCREST, 2ND FLOOR
P.O. YOX 2876
KARR19WJRG, PA 17105-2675
TELEPHONG NO. (717) 785-1664
Mailing Date
May 05, 2049
LINDA PEARSON
1508 SIMPSON FERRY ROAD
NEW CUMBERLAND PA 17070
Child : AYRON JUNGREN
Report No : 210007768
Status : INDICATED
Agency : CUMBERLAND COUNTY CYA
DEAR MS. PEARSON '
A report of suspected abuse involving the above named child was investigated by
the agency listed above.
The status is Indicated. This means the agency determined that the child was
abused. The report will remain on file in the state and county offices until 23 years after the
child's birth. At that time, the report will be expunged. However, the information on the
perpetrator will remain on file indefinitely if the social security number or date of birth
is known-
You are listed on the report as the Mother.
You may have the right to receive services, which are intended to prevent further
abuse or neglect, through the county children and youth agency. You also have the right
to receive a copy of the report by writing to that agency or this office. Please refer to the
report number listed above when making your request. Should your address change
before the child becomes age 23, please inform this office.
If you have questions about your rights, involvement in the report, or this letter; we suggest
you contact the investigating agency at (717) 240-8120.
Esta carts contlene information que es importante pars usted sobre sus derechos bajo
Is Ley de Servicios pars la Protection de nino. Si usted es nombrado Como el perpetrador del abuso
on este reporte, esto ve a afectar su oportunidad de obtener empleo an agencie o programa pare
cuido de nino y en escuela publica o privada. Copia de este Carta es disponible en espanol.
Por favor pongase en contacto con nosotros tan pronto comp le sea posible a la direccion
mecionada aniba.
Issued by : Chiidline & Abuse Registry
letters
1
:?
?,?.
?y?'
??
. MAY/22/2009/FRI 09:24 AM
INTAKE ASSESSMENT
Patient: Ayron Jungren
Date of Birth: 9/27/91
Date of Assessment- 3/02/09
P. 005/008
Ayron Jungren and his mother, Linda Pearson, were interviewed conjointly and Ayron
was interviewed individually on 3/02/09. Ayron is a 17 year old, unmarried, high school
senior. He is in the gifted program at his high school, and he and his mother report that
his grades in his school subjects are excellent. Ayron reports he occasionally works on a
contractual basis doing computer consultations, but otherwise, he is unemployed. His
parents have joint custody of Ayron, and his mother has primary physical custody. Ayron
spends Tuesdays and every other weekend with his father. The remainder of the time, he
is in the custody of his mother and lives with his mother and stepfather. During the
summer months, the scheduled is reversed and Ayron spends Tuesdays and every other
weekend with his mother and the remainder of the time with his father.
Ayron requested therapy due to symptoms of depression that he reports are the direct
result of the critical and degrading way his father treats hi¢n. Ayron reports that on
2/19/09 his calculus teacher noticed that he seemed to be upset. Ayron explained to the
teacher that his mood was the result of the manner in which his father relates to him. The
teacher consulted with school authorities and a child abuse report was lodged by the
school against Ayron's father. On 2/24/09, during his scheduled visitation with his father,
Ayron reports that his father had been informed about the child abuse report and was very
angry with him. Ayron reports that on the evening of 2/24/09, his father refused to allow
him to take his antidepressant medication and accused him of "being high" because of the
medications he takes. Ayron also reports that his father refused to allow him time to do
his homework and made him "run errands" for the father's business instead. The next
morning Ayron reports he was vomiting and suffering from pink eye, and his father made
him go to school rather than take the day off due to illness.
Ayron reports that his father has always spoken to him in a critical, degrading, and
demeaning manner. He prefers not to spend time with his father, but believes he must due
to the court-ordered custody arrangement. Ayron believes that his current mental,
emotional, and physical symptoms are a direct result of the stress produced by his
father's manner of relating to him.
Ayron believes that his recent physical symptoms, including diarrhea, vomiting, and
headaches, are the result of the stress of spending time with his father. He also believes
that his Irritable Bowel Syndrome, usually manifest through constipation, is stress
induced and related to spending time with his father. Ayron reports two medical
conditions that he believes are not related to the stress of spending time with his father.
These include a rapid resting heart rate and a left inguinal hernia.
• MAY/22/2009/FRI 09.24 AM
P. 006/008
Ayron currently reports symptoms of Major Depression that include:
Depressed mood
Feeling lonely and isolated
Feeling worthless
Low energy level and lack of motivation
Passive thoughts of death ("not wanting to exist")
Decreased concentration
Initial insomnia, one out of four nights per week
Decreased appetite with a weight loss of 20 pounds in the past 10 months
Ayron reports the above symptoms occur during visits with his father and for a brief time
after he returns to his mother's home. He reports the above symptoms have been reduced
through the use of the antidepressant Loxapro. He also uses Ambien as a sleep aid about
once every four days. He denies any current suicidal ideation, suicide plans, or suicidal
intentions.
Ayron dates the onset of his Major Depression to the summer of 2008 when he was in the
primary physical custody of his father. During that summer he reports the onset of
symptoms including:
Depressed on numb mood most of the time
Insomnia, including the total inability to sleep 2 out of every 3 nights per week
Lack of energy or motivation
Avoidance of family and friends
Psychomotor retardation (sitting in his room just staring into space)
Anhedonia (absence of enjoyment of activities that were previously enjoyable)
Loss of appetite with corresponding weight loss
Feeling worthless
Decreased concentration
Suicidal ideation, with a suicide plan to out his wrist or take an over dose of
medication. There were no suicidal gestures or actions.
The above symptoms were present, according to both. Ayron and his mother, when he
returned to the primary physical custody of his mother at the beginning of the school year
in 2008. He reports the symptoms have improved somewhat. He credits the improvement
to less time spent with his father and to the antidepressant medication prescribed by his
family doctor.
The primary stressor that Ayron reports is the critical, degrading, and demeaning way his
father speaks to him. Ayron reports that his father regularly tells him that he is worthless,
will never amount to anything, and will be in jail by the time he is sixteen years of age. In
addition, Ayron reports:
Father will not allow him extra helpings of food or snacks in spite of the doctor's
advice that he must gain weight
Father refused to allow him to take. his medication on four or five occasions
Father keeps him busy with errands, not allowing him to complete his homework
Father refuses permission for social or.recreatioual activities
Father restricts his phone contact with his mother
MAY/22/2009/FRI 09:24 AM
P. 007/008
Ayron was seen for a previous episode of therapy by this psychologist between 10108/07
and 4116/08. The therapy at that time consisted of a combination of individual and family
therapy and included eight sessions. Problems that were the focus of therapy, at that time,
included:
Poor self-concept
Shy and socially uncomfortable
Depressed mood
Anxious mood with a tendency to worry unnecessarily
Insomnia
Difficulty getting along with his father and step-father
Ayron was diagnosed with Adjustment Disorder With Mixed Anxiety and Depressed
Mood, at that time. All presenting problems improved during that episode of counseling
and Ayron was discharged.
Currently, Ayron is reported to be a good student who is enrolled in the gifted program at
his school. He plays the trombone in the band and is socially active with friends. He
reports being accepted to MIT for college, and he is hoping he can afford to attend. There
are no behavior problems reported in the (mother's) home or in school. He denies any
current or past use of alcohol or street drugs. Ayron and his mother deny any current or
past involvement with the police.
Diagnosis:
1. 296.22 Major Depressive Disorder, Single Episode, Moderate
11. Deferred
III. IBS, L. Inguinal Hernia, Headaches, Rapid resting heartrate
IV. Stress resulting from father's parenting style
V. 55
Summary and Recommendations:
Ayron Jungren is a 17 year old high school student who see= to have progressed from
an Adjustment Disorder to a Major Depression. He identifies the primary cause of his
depression as the degrading, demeaning, and critical way his father treats him. His reports
being relatively happy and well-adjusted when in the custody of his mother and step-
father. He seems to be well adjusted socially and academically. Ayron would prefer that
his mandatory visitation with his father be suspended.
The course of treatment will consist of a combination of individual therapy with Ayron
and family therapy including Ayron's mother. Ayron prefers that his father not be
included in his treatment and not be given any information regarding his treatment.
Ayron will continue to see his family doctor for prescriptions of medication.
chael 3?, Psy.D.
Psychologist
• MAY/22/2009/FRI 09:20 AM
ADASMS
COUNSELING
SERVICES, INC.
April 14, 2009
P. 008/008
625 West Elm Ave., tlamw. PA 17331 • Tel-, 7'17-632.4900 Fax: 717-0323657
73 E. FonedAve., Shrewsbury, PA 17381 • Tel: 717-235.0189 Fax: 717-2350383
44 South FranW 3L, Gdlysbuig, PA 173Y6 •Tel: 717-334-9111 Fax: 717-3344114
5351 C Jayose Ave., Suite 1, Harrisburg, PA 17112 • Tel: 717-657-2010 Fax; W-10740190
1196 Roosevelt Ave., York, PA 17404 • Tel: 717-943-0600 Fax: 717-849-9222
Corinne Bennett
Cumberland County Children and Youth Services
Hunan Services Building
16 'Nest High Street, Suite 200
Carlisle, PA 17013-2961
Re: Ayron Jungren
Dear Ms. Bennett:
In response, to your request for further clarifxcaddou of the three-page assessment of Ayron
Jungren that I provided to you, I can state that Major Depressive Disorder, Single
Episode, Moderate (296.22) is a serious mental disorder. According to Mr. Jungren and
his another, Ms. Pearson, this serious disorder is precipitated by Mr. Juugm's coaurt
with his father. I have never met with Mr. Jungren's father, but I have no reason to doubt
the accuracy of Mr. Jungren's attribution of his disorder as being the product of his visits
with his fatbuer.
Mr. Jungren believes that his father holds the opinion that if visitation is resumed, he, the
father, may hit Mr. Jungren in the face and that such an assault would not be considered
child abuse. Therefore, Mr. Jungren fears that a resumption of visitation with his father
will result in vengeful assaults upon his person by his father.
It is the responsibility of Cumberland County Children and. Youth Services to evaluate
the facts contained herein and in the three-page assessment previously forwarded to you
and determine if the data warrant a founded wnolumon of child abuse as defined by the
law.
Sincerely,
Michael J. Finney, Psy.D.
Psychologist
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.
crta.t?
Linda D. Pearson
Dated: -7 u '4 4, a 00 9
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date a true and correct copy of the
foregoing document was served by first-class mail, postage prepaid, upon the following:
Susan K. Pickford, Esquire
875 Market Street
Lemoyne, PA 17043
d"xvj?
Lynn a K. Seaton
Dated: a j 477 ojO q
i p1 ?F n T+! 1 1
NIB fit; 1 f_ 7
? i 1 1( u w.
nar zzzoos
JOHN H. JUNGREN, III :IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
Vs NO.
LINDA D. JUNGREN, : CIVIL ACTION - CUSTODY
Defendant
ORDER
AND NOW this _2 6 day of May, 2009, upon consideration of Petitioner's
request for special relief, it is hereby ordered as follows:
,?
t'eAoL.?-+C- ?'L 1S GLtI J S 1St CC ro
Neither parry shall rofnau
County, Pennsylvania until further order of this court.
CV M1ov12?j
Hearing on the issue of relocation of the minor child to New York State is set for
/?OY1
13 , 2009 at _.M. in Courtroom _ of
the Cumbe and Co ty Courthouse, 1 Courthouse Square, Carlisle, PA 17013.
DISTRIBUTION:
saan K. Pickford, Esquire
875 Market Street
Lemoyne, PA 17043
da L?n9 re n
Xn Pearson
1508 Simpson Ferry Road
New Cumberland, PA 17070
Court Administration
J
:; _ ' LG V' MIZ
JOHN H. JUNGREN, III,
Plaintiff
V.
LINDA D. JUNGREN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 09-3260 CIVIL TERM
IN RE: EMERGENCY PETITION FOR SPECIAL RELIEF
PURSUANT TO 23 Pa. C.S.A. 5308 Removal of a Child
From the Jurisdiction
ORDER OF COURT
AND NOW, this 4ffi day of June, 2009, following a telephone conference on this
date, with Susan K. Pickford, Esq., attorney for Plaintiff, and J. Paul Helvey, Esq.,
attorney for Defendant, and upon relation of Susan K. Pickford, Esq., that she will be
filing a praecipe to withdraw the petition for special relief, the order dated May 26, 2009,
in the above-captioned case is vacated, without prejudice to Plaintiffs right to refile the
petition, if he deems it appropriate.
BY THE COURT,
/Susan K. Pickford, Esq.
875 Market Street
Lemoyne, PA 17043
Attorney for Plaintiff
_-'Xi. Paul Helvy, Esq.
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108-1166
Attorney for Defendant
:rc GoPtes ? rjl 166
S11 07
T/?I
VIWA`IASNN3d
?o :Zt Nd 5- wIr 6w
mvi
3 0 Lz % wl