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HomeMy WebLinkAbout09-5481MICKEY L. UPDEGRAFF, Plaintiff v KAREN M. UPDEGRAFF, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-S'161 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Mickey L. Updegraff, an adult individual currently residing at 104 Sunset Drive, Fairview Park, New Cumberland, York County, Pennsylvania. 2. Respondent is Karen M. Updegraff, an adult individual currently residing at 355 Mulberry Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. The parties are the natural parents of two children, namely, Tyler J. Updegraff, born October 22, 1995 and Luke F. Updegraff, born April 22, 2000. The children were born during wedlock. SAWIS, LINDSAY AT1UfU1WYS-Ai IAW 26 West High Street Carlisle, PA For the past five years or since the children's birth, the children have resided with the following persons at the following address for the following periods of time. NAME ADDRESS DATE Plaintiff 355 Mulberry Drive 2004-1/07/2009 Defendant Mechanicsburg, PA 17055 Plaintiff 355 Mulberry Drive 1/07/2009-present Mechanicsburg, PA 17055 Defendant 104 Sunset Drive, Fairview Park 1/07/2009 - present New Cumberland, PA The natural father of the children is Plaintiff, who resides as aforesaid. He is married. The natural mother of the children is Defendant, who resides as aforesaid. She is married. 4. The relationship of the Plaintiff to the children is that of natural father. The Plaintiff currently resides with the children at issue on a shared custody basis, his brother and his brother's family. 5. The relationship of the Defendant to the children is that of natural mother. The Defendant currently resides with the children at issue on a shared custody basis. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 7. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. 8. The parties' desire that the Custody Stipulation and Agreement signed by them, dated July 31, 2009, be entered as an Order of Court. SAMIS, FLOWER & LINDSAY nnURNEr nruw 26 West High Street Carlisle, PA 9. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as a party to this action. All other persons named below, who are meant to have or claim to have a right to custody or visitation of the children, will be given notice of the proceedings of this action and the right to intervene: None. 10. Plaintiff does not know of any person not a party to the proceedings who claims to have custody or visitation rights with respect to the children. 11. There is no Judge previously assigned to this matter. WHEREFORE, Plaintiff requests your Honorable Court to enter an Order granting him shared physical custody of the children. Respectfully submitted, Mary i tas, Es lie Attorne . #84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiff SAMIS, FLOWER & LINDSAY ATR)RNEYS-AT uw 26 West High Street Carlisle, PA MICKEY L. UPDEGRAFF, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. CIVIL TERM KAREN M. UPDEGRAFF, CIVIL ACTION - LAW Defendant IN CUSTODY VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: 1 131 (os k?- I. MICKEY L. UPDE RA F, Plaintiff MICKEY L. UPDEGRAFF, Plaintiff V. KAREN M. UPDEGRAFF, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE SAMIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA This is to certify that in this case, complete copies of all papers contained in the attached document have been served upon the following persons by the following means and on the dates stated: Name & Address Means of Service Date of Service Karen M. Updegraff U.S. Regular First Class mail c/o Jane Adams, Esquire 17 W. South Street Carlisle, PA 17013 Esq ' Marylo oZ19 Attorney ID 26 West High Street Carlisle, PA 17013 (717) 243-6222 Dated: /lt- /G?C? Counsel for Plaintiff Fit. ?/GS. Sc 17cL h?j -709 MICKEY L. UPDEGRAFF, Plaintiff v KAREN M. UPDEGRAFF, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 69-54gi CIVIL TERM CIVIL ACTION -LAW IN CUSTODY STIPULATION AND AGREEMENT FOR CUSTODY THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between KAREN M. UPDEGRAFF (hereinafter referred to as "Mother") and MICKEY L. UPDEGRAFF (hereinafter referred to as "Father"). WHEREAS, the parties are the natural parents of the following two (2) children: Tyler J. Updegraff, born October 22, 1995 and Luke F. Updegraff, born April 22, 2000; WHEREAS, the parties live separate and apart, and wish to enter into a comprehensive stipulation and agreement relative to physical and legal custody of their child; NOW THEREFORE, in consideration of the mutual covenants, promises and agreements as herein set forth, the parties stipulate and agree as follows: 1. Loual Custody: Mother and Father shall exercise shared legal custody FI LOWERR ? LINDSAY 26 West High Street Carlisle, PA of the children. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the children including, but not limited to, school and medical records and information. 2. Physical Custody: Father and Mother shall exercise shared physical custody of the children as follows: a. Mother shall exercise custody of the children on Sunday, through Monday morning, when she shall return them to school or day care; b. Father shall exercise custody from Monday morning through Wednesday morning, when he shall return them to school or day care; c. Mother shall exercise custody of the children from Wednesday morning through Friday morning, when she shall return them to school or day care; d. Father shall exercise custody of the children from Friday morning through Saturday, at a time to be agreed; e. The parties shall alternate custody of the children on Saturdays, overnight to Sunday. SAIDIS, Ma3SAY JITIRBRIZU 26 West High Street Carlisle, PA 3. Holidays: a) Christmas: Beginning in 2009, the parties shall alternate custody of the children, so that in odd numbered years, Father shall exercise custody of the children from 5:00 pm Christmas Eve through Christmas Day, at l pm. Mother shall exercise custody from Christmas Day at l pm through December 26. This shall be alternated in even-numbered years. The parties shall share the remainder of the children's Christmas break. b) Thanksgiving: Beginning in 2009, in odd numbered years, Mother shall exercise custody of the child from Wednesday at 8:00 p.m. through Thursday at 8:00 pm. Father shall exercise custody of the holiday in even numbered years during this time. c) Mother's Day and Father's Day: Each parent shall exercise custody of the children for the respective holidays of Mother's Day, Father's Day, at times to be agreed. d) Holidays a priority: The periods of partial custody for holiday, vacations, or other special days set forth in this order shall be in addition to, and shall take precedence over, but shall not alter the schedule or sequence of regular periods of partial custody for that parent set forth previously in this Order. Holidays and other special days for custody set forth in this order shall take precedence over vacations. Vacations should begin on a parent's regularly scheduled weekend so that there should be no "piggybacking" of days. 4. Transportation: Custody exchanges shall occur at a halfway point between the parties' respective residences, according to distance. At all times, the children shall be secured in appropriate passenger restraints. 5. School Attendance: The parties agree that the children shall attend school in the Cumberland Valley School District. 6. Vacation: SAIDIS, RFLONVER IIlVDSAY 26 West High Street Carlisle, PA Both parents shall be entitled to exercise two uninterrupted weeks of vacation time with the children each year, which may be taken as consecutive weeks. The parents agree to provide each other with 30 days notice of the respective vacation dates, and with contact information for the vacation, which may include hotel information, telephone numbers and the like. 7. Extracurricular Activities. IS C& LINDSAY MIERMFUM 26 West High Street Carlisle, PA Both parties shall agree to honor and participate in the activities that a child wishes to engage in. During the times that the parents have custody of the children, they will make certain that the children attend any extracurricular activities. The parties are directed to be supportive of the activities and will transport the children to and from such activities and the preparations and practice for the activities that are scheduled, in such time so that the child is able to participate in those events. Neither parent, however, shall commit a child to any activity unless the child definitely desires to attend that activity. Participation in activities which take place during the school year is contingent upon the child maintaining passing grades in school. Neither parent shall commit a child to activities that fall on the other parent's period of custody, without the consent of the other parent, which consent shall not be unreasonably withheld. If a child is involved in an activity which occurs during both parents' periods of custody, both parents shall cooperate in providing transportation of the child to the activity. However, the custodial parent shall not be required to take a child to that activity if the custodial parent and child are out of town during that activity, for a previously scheduled vacation. In the event that the custodial parent is unable to deliver a child to the particular activity, the parent who has custody of the child at that time shall notify the noncustodial parent, who shall be entitled to pick up and deliver the child to the designated activity. The custodial parent shall make certain that the child is ready for pickup in time sufficient to enable the child to timely attend the activity. 8. Illness: The parties shall keep each other advised in the event of serious illness or medical emergency concerning the child and shall further take any necessary steps to ensure that the health and well-being of the child is protected. During such illness or medical emergency, both parties shall have the right to visit the child as often as he or she desires consistent with the proper medical care of the child. 9. Telephone Calls: Both parties are hereby directed to refrain from preventing the parent who may be calling from talking to a child, or preventing the child from calling the other parent. In addition, the child shall be permitted to access mail she may receive from her parents and both parents are hereby directed to refrain from preventing access to the mail from the other parent. FLOWER ? LWDS" 26 West High Street Carlisle, PA 10 Any modification or waiver of any of the provisions of this Agreement on a permanent basis shall be effective only if made in writing, and only if executed with the same formality as this Stipulation and Agreement. 11.The parties desire that this Stipulation and Agreement be made an Order of Court of the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor children. 12.The parties stipulate that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other party. 13.The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and WITNESSETH: equitable and that it is not the result of any duress or undue influence. IN WITNESS WHEREOF, The parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year hereinafter mentioned. DATE MICKEY L. UPDEGRAF AMA TIYATE KAREN M. UPDEG FF COMMONWEALTH OF PENNSYLVANIA IS, ? ?WERR & LINDSAY AJIUMMOLAW 26 West High Street Carlisle, PA COUNTY OF CUMBERLAND :SS. On this day of Q , 2009, before me, the undersigned, personally appeared MICKEY 6L. UP EGRAFF, whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. LLdA otary Public Ceti EW% O bW otl? M Commission ins )roe 7 2011 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND :SS. On this 31 S'- day of 2009, before me, the undersigned, personally appeared KAREN M. DEGRAFF, whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NJ?WI L Notary Public BARBARA L SMU, Notary Public Carlisle Bore, Cumberland County, PA M Commission E ins June 7, 2011 C,F THE PP' 2009 AUG -6 AH 9.42 AUG 0 7 2009 MICKEY L. UPDEGRAFF, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. O Q -541 CIVIL TERM KAREN M. UPDEGRAFF, CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this 10 day of 0 N4 , 2009, the attached Stipulation and Agreement for Custody is hereby made an Order of Courts) J. SAIDIS, FLOWER & LWDS" ATW1V%" 5•AT 1AW 26 West High Street Carlisle, PA cc: Marylou Matas, Esquire Attorney for the Plaintiff Jane Adams, Esquire Attorney for the Defendant l per rr?c`Z I l g 1016? 2 0 9 9 A U G 10 Ai 1 13: 1 5 Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 • 7 v.3 (:t nt \-1010 •.J i' v3Iti SEP -2 P 3; ' THE COURT OF COMMON PLEAS MICKEY L. UPDEGRAFF,���BERLA ��, Plaintiff tit'l$N � ;UMBERLAND COUNTY, PENNSYLVANIA v. KAREN M. UPDEGRAFF, NO. 2009-5481 CIVIL TERM CIVIL ACTION — LAW Defendant IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY 1. The Plaintiff is Mickey L. Updegraff, hereinafter referred to as "Father", who resides at 1532 Inverness Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. The Defendant is Karen M. Updegraff, hereinafter referred to as "Mother", who resides at 41 Summer Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. The parties are the natural parents of one minor child, namely Luke F. Updegraff, born April 22, 2000. (The parties are the parents of one additional child, but he is emancipated and is aged 18.) 4. The parties are subject to an Order of Court, dated August 10, 2009, a copy of which is attached hereto and incorporated herein by reference as Exhibit A. 5. Since the entry of the Order, the minor child has resided with the parties on a shared custody basis, pursuant to the terms of the Order, on a traditional 2/2/3 schedule. 6. Beginning in the 2014-2015 school year, the parties have reached a verbal agreement that the child will primarily reside with Father during the week. 7. Mother has indicated her agreement by authorizing the child's school to change the child's primary address to Father's residence. 8. Father is unable to change the child's address through the school without a new Court Order. 9. Father would request that the Court enter an Order memorializing the parties' verbal agreement and permit him to change the child's primary residence to his address in 4 $3. do��✓� �3,cg 70 87&31 05 Lf Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 the school's records. 10. The child has resided primarily with his Father since August 2014 and intends to remain there, visiting with his Mother on alternating weekends. 11. Since the entry of the 2009 Order of Court, Father has remarried and now resides with his wife in a family setting. 12. Since the entry of the 2009 Order of Court, the parties' older son has moved to college out of state. 13. The child has indicated his preference to reside primarily with Father on a daily basis, which Father believes and avers in his son's best interest given that he can provide primary care for him on a daily basis. 14. Father can provide everything the child needs on a daily and consistent basis, including but not limited to, educational support, activity support, health and welfare support, and a consistent family home life. 15. Father has provided a copy of this Petition to Mother through counsel and she does not agree with the relief requested. 16. The prior Order of Court, dated August 10, 2009, was signed by Judge Bayley. WHEREFORE, the Plaintiff requests this Court to grant him shared legal and primary physical custody of the child. Date: ql 2--/r<y Respectfully submitted, SAIDIS, SULLIVAN & ROGERS Marylbu-1 1. t4 , Esquires Supreme 62xtth ID No. 84919 Attorney for Plaintiff 26 West High Street Carlisle, PA 17013 717-243-6222 MICKEY L. UPDEGRAFF, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2009-5481 CIVIL TERM KAREN M. UPDEGRAFF, CIVIL ACTION — LAW Defendant IN CUSTODY VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: 1/2-72-0 Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 �J v UP4 Mickey L. Updegraff, Plaintiff MICKEY L. UPDEGRAFF, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2009-5481 CIVIL TERM KAREN M. UPDEGRAFF, CIVIL ACTION — LAW Defendant IN CUSTODY CERTIFICATE OF SERVICE This is to certify that in this case, complete copies of all papers contained in the attached document have been served upon the following persons by the following means and on the dates stated: Name & Address Richard J. Seneca, Esq. P.O. Box 333 680 Yorktown Road Lewisberry, PA 17339 Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 Means of Service Date of Service US Mail September 2-- , 2014 c(AAA 40(4 Marylou -Ma s, Esqu re U Attorney for aintiff Supreme Court No. 84919 26 W. High St. Carlisle, PA 17013 (717) 243-6222 AUG n •7 Mg 6 MICKEY L. UPDEGRAFF, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 9— 51-/F f CIVIL TERM KAREN M. UPDEGRAFF, : CIVIL ACTION - LAW Defendant : IN CUSTODY ORDER OF COURT . AND NOW, this. 16 day of . Iu- , 2009, the attached Stipulation and Agreement for Custody is hereby made an Order of Court. BY THE COURT: cc: Marylou Matas, Esquire Attorney for the Plaintiff Jane Adams, Esquire Attorney for the Defendant SAIDIS, FLOWER & LINDSAY AITORNErs•APIAW 26 West High Street Carlisle, PA t bait traa tat aw "<:aak SAIDIS, FLOWER & LINDSAY ATIORNEYSAT4AW 26 West High Street Carlisle, PA MICKEY L. UPDEGRAFF, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. ©q I CIVIL TERM KAREN M. UPDEGRAFF, : CIVIL ACTION - LAW Defendant : IN CUSTODY STIPULATION AND AGREEMENT FOR CUSTODY 0 • it] CT) FFZr, rri L? rT7 THIS STIPULATION AND AGREEMENT entered into the day and nyear 2 hereinafter set forth, by and between KAREN M. UPDEGRAFF (hereinafter referred to as "Mother") and MICKEY L. UPDEGRAFF (hereinafter referred to as "Father"). WHEREAS, the parties are the natural parents of the following two (2) children: Tyler J. Updegraff, born October 22, 1995 and Luke F. Updegraff, born April 22, 2000; WHEREAS, the parties live separate and apart, and wish to enter into a comprehensive stipulation and agreement relative to physical and legal custody of their child; NOW THEREFORE, in consideration of the mutual covenants, promises and agreements as herein set forth, the parties stipulate and agree as follows: 1. Legal Custody: Mother and Father shall exercise shared legal custody of the children. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non -emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the children including, but not limited to, school and medical records and information. 2. Physical Custody: Father and Mother shall exercise shared physical custody of the children as follows: SAIDIS, FLOWER & LINDSAY ATTORNEISATiAW 26 West High Street Carlisle, PA a. Mother shall. exercise custody of the children on Sunday, through Monday morning, when she shall return them to school or day care; b. Father shall exercise custody from Monday morning through Wednesday morning, when he shall return them to school or day care; c. Mother shall exercise custody of the children from Wednesday morning through Friday morning, when she shall return them to school or day care; d. Father shall exercise custody of the children from Friday morning through Saturday, at a time to be agreed; e. The parties shall alternate custody of the children on Saturdays, overnight to Sunday. 3. Holidays: a) Christmas: Beginning in 2009, the parties shall alternate custody of the children, so that in odd numbered years, Father shall exercise custody of the children from 5:00 pm Christmas Eve through Christmas Day, at 1 pm. Mother shall exercise custody from Christmas Day at 1 pm through December 26. This shall be alternated in even -numbered years. The parties shall share the remainder of the children's Christmas break. b) Thanksgiving: Beginning in 2009, in odd numbered years, Mother shall exercise custody of the child from Wednesday at 8:00 p.m. through Thursday at 8:00 pm. Father shall exercise custody of the holiday in even numbered years during this time. SAIDIS, FLOWER & LINDSAY ATIORNEYS.AT IAWY 26 West High Street Carlisle, PA c) Mother's Day and Father's Day: Each parent shall exercise custody of the children for the respective holidays of Mother's Day, Father's Day, at times to be agreed. d) Holidays a priority: The periods of partial custody for holiday, vacations, or other special days set forth in this order shall be in addition to, and shall take precedence over, but shall not alter the schedule or sequence of regular periods of partial custody for that parent set forth previously in this Order. Holidays and other special days for custody set forth in this order shall take precedence over vacations. Vacations should begin on a parent's regularly scheduled weekend so that there should be no "piggybacking" of days. 4. Transportation: Custody exchanges shall occur at a halfway point between the parties' respective residences, according to distance. At all times, the children shall be secured in appropriate passenger restraints. 5. School Attendance: The parties agree that the children shall attend school in the Cumberland Valley School District. 6. Vacation: Both parents shall be entitled to exercise two uninterrupted weeks of vacation time with the children each year, which may be taken as consecutive weeks. The parents agree to provide each other with 30 days notice of the respective vacation dates, and with contact information for the vacation, which may include hotel information, telephone numbers and the like. SAIDIS, FLOWER & LINDSAY ATIOINEYS•ATIAW 26 West High Street Carlisle, PA 7. Extracurricular Activities. Both parties shall agree to honor and participate in the activities that a child wishes to engage in. During the times that the parents have custody of the children, they will make certain that the children attend any extracurricular activities. The parties are directed to be supportive of the activities and will transport the children to and from such activities and the preparations and practice for the activities that are scheduled, in such time so that the child is able to participate in those events. Neither parent, however, shall commit a child to any activity unless the child definitely desires to attend that activity. Participation in activities which take place during the school year is contingent upon the child maintaining passing grades in school. Neither parent shall commit a child to activities that fall on the other parent's period of custody, without the consent of the other parent, which consent shall not be unreasonably withheld. If a child is involved in an activity which occurs during both parents' periods of custody, both parents shall cooperate in providing transportation of the child to the activity. However, the custodial parent shall not be required to take a child to that activity if the custodial parent and child are out of town during that activity, for a previously scheduled vacation. In the event that the custodial parent is unable to deliver a child to the particular activity, the parent who has custody of the child at that time shall notify the noncustodial parent, who shall be entitled to pick up and deliver the child to the designated activity. The custodial parent shall make certain that the child is ready for pickup in time sufficient to enable the child to timely attend the activity. SAIDIS, FLOWER & LINDSAY ATTORNEYs.AT.L&W 26 West High Street Carlisle, PA 8. Illness: The parties shall keep each other advised in the event of serious illness or medical emergency concerning the child and shall further take any necessary steps to ensure that the health and well-being of the child is protected. During such illness or medical emergency, both parties shall have the right to visit the child as often as he or she desires consistent with the proper medical care of the child. 9. Telephone Calls: Both parties are hereby directed to refrain from preventing the parent who may be calling from talking to a child, or preventing the child from calling the other parent. In addition, the child shall be permitted to access mail she may receive from her parents and both parents are hereby directed to refrain from preventing access to the mail from the other parent. 10 Any modification or waiver of any of the provisions of this Agreement on a permanent basis shall be effective only if made in writing, and only if executed with the same formality as this Stipulation and Agreement. 11.The parties desire that this Stipulation and Agreement be made an Order of Court of the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor children. 12.The parties stipulate that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other party. 13.The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. IN WITNESS WHEREOF, The parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year hereinafter mentioned. WITNESSETH:ak7141/ DATE � 31 D TE MICKEY L. UPDEGRAFF —y KAREN M. UPDEG' ' FF / SAIDIS, FLOWER & LINDSAY ATTDRNEYS•AT•L W 26 West High Street Carlisle, PA COMMONWEALTH OF PENNSYLVANIA :SS. COUNTY OF CUMBERLAND On this CO1 & day of �� , 2009, before me, the undersigned, personally appeared MICKEY L. UPDGRAFF, whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. h In�1(�( <Q�� Notary Public NOTARIAL SEAL BARBARA E. STEEL, Notary Public Carlisle Boro, Cumberland County, PA My Commission Expires June 7, 2011 COMMONWEALTH OF PENNSYLVANIA :SS. COUNTY OF CUMBERLAND On this c�/`-% day of, 2009, before me, the undersigned, personally appeared KAREN UP15 GRAFF, whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Q t,La c�� Notary Public NOTARIAL SEAL BARBARA E. STEEL, Notary Public Carlisle Boro, Cumberland County, PA My Commission Expires June 7, 2011 MICKEY L. UPDEGRAFF, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009-5481 CIVIL TERM KAREN M. UPDEGRAFF, CIVIL ACTION — LAW Defendant IN CUSTODY CRIMINAL RECORD/ABUSE HISTORY VERIFICATION I, Mickey L. Updegraff, hereby swear or affirm, subject to penalties of law including 18 Pa.C.S.§ 4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act 42 Pa.C.S. § 6307 to an of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check all that apply Crime Self 18 Pa.C.S. Ch.25 LI (relating to criminal homicide) LI 18 Pa.C.S. §2702 (relating to aggravated assault) Other Date of household conviction, member guilty plea, no contest plea or pending charges LI 18 Pa.C.S. §2706 LI 111 (relating to terroristic threats) LI 18 Pa.C.S. §2709.1 (relating to stalking) LI 18 Pa.C.S. §2901 (relating to kidnapping) Sentence ❑ 18 Pa.C.S. §2902 ❑ ❑ (relating to unlawful restraint) ❑ 18 Pa.C.S. §2903 ❑ ❑ (relating to false imprisonment) ❑ 18 Pa.C.S. §2910 ❑ ❑ (relating to luring a child into a motor vehicle or structure) ❑ 18 Pa.C.S. §3121 ❑ ❑ (relating to rape) ❑ 18 Pa.C.S. §3122.1 ❑ ❑ (relating to statutory sexual assault) ❑ 18 Pa.C.S. §3123 ❑ ❑ (relating to involuntary deviate sexual intercourse) ❑ 18 Pa.C.S. §3124.1 ❑ ❑ (relating to sexual assault) ❑ 18 Pa.C.S. §3125 ❑ ❑ (relating to aggravated indecent assault) ❑ 18 Pa.C.S. §3126 ❑ ❑ (relating to indecent assault) ❑ 18 Pa.C.S. §3127 ❑ ❑ (relating to indecent exposure) 18 Pa.C.S. §3129 ❑ ❑ (relating to sexual intercourse with animals) ❑ 18 Pa.C.S. §3130 ❑ ❑ (relating to conduct relating to sex offenders ❑ 18 Pa.C.S. §3301 ❑ ❑ (relating to arson and related offenses) ❑ 18 Pa.C.S. §4302 ❑ ❑ (relating to incest) ❑ 18 Pa.C.S. §4303 ❑ ❑ (relating to concealing death of child) ❑ 18 Pa.C.S. §4304 ❑ ❑ (relating to endangering welfare of children) ❑ 18 Pa.C.S. §4305 ❑ ❑ (relating to dealing in infant children) ❑ 18 Pa.C.S. §5902(b) ❑ ❑ (relating to prostitution and related offenses) ❑ 18 Pa.C.S. §5903 ❑ ❑ (c) or (d) (relating to obscene and other sexual materials and performances) ❑ 18 Pa.C.S. §6301 ❑ ❑ (relating to corruption of minors) ❑ 18 Pa.C.S. §6312 ❑ ❑ (relating to sexual abuse of children) ❑ 18 Pa.C.S. §6318 ❑ ❑ (relating to unlawful contact with minor) ❑ 18 Pa.C.S. §6320 ❑ ❑ (relating to sexual exploitation of children) ❑ 23 Pa.C.S. §6114 ❑ ❑ (relating to contempt for violation of Protection order or agreement) ❑ Driving under the ❑ ❑ influence of drugs or alcohol ❑ Manufacture, sale, ❑ ❑ delivery, holding, offering for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have history of violent or abusive conduct including the following: Check Self Other Date all that household apply member ❑ A finding of abuse by Children & Youth ❑ 111 Agency or similar agency in Pennsylvania or similar statute in another jurisdiction ❑ Abusive conduct as defined under the ❑ ❑ Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction ❑ Involvement with a Children & Youth ❑ ❑ Agency or similar agency in Pennsylvania or another jurisdiction. Where? ❑ Other: ❑ ❑ 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child: 5. If you are aware that the other party or members of the party's household has or have a criminal/abuse history, please explain: I verify that the information above is true and correct tot eh best of my knowledge information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 9� Z/ Zori./ Signature of Mickey L. Updegraff Zviic e_ey J • ueale FWF Printed Narhe MICKEY L. UPDEGRAFF PLAINTIFF v. KAREN M. UPDEGRAFF DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV A c•-= 2009-5481 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT cn •-13 AND NOW, Friday, September 05, 2014 , 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 Wednesday, September 24, 2014 11:30 AM for a Pre -Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. You must file with the Court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in-person contact with the court (including, but not limited to, a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition. No party may make a change in the residence of any child which significantly impairs the ability of the other party to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and Pa.R.C.P. No. 1915.17 regarding relocation. FOR THE COURT, By: /s/ Dawn S. Sunday, Esq. ri 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. apes /Pa, le g)dieb, Cst. • Segleca, £5g. dchi 7/eAt Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 6Pg MICKEY L. UPDEGRAFF, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2009-5481 CIVIL TERM KAREN M. UPDEGRAFF, CIVIL ACTION — LAW Defendant IN CUSTODY PRAECIPE TO WITHDRAWAL TO THE PROTHONOTARY: Please withdrawal the Petition for Modification of custody previously filed by Plaintiff, Mickey L. Updegraff. This request is made by agreement of the parties. Respectfully submitted, SAIDIS, SULLIVAN & ROGERS Date: 61/ �� Li Date: 12312°>,N Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 jUL1/14-9 Malo ' at Esquire Supreme Cou ID No. 84919 Attorney for Plaintiff 26 West High Street Carlisle, PA 17013 717-243-6222 Richard Seneca, Counsel for Defennt Karen M. Updegraff rn rCD CD 7? � C C) C) t MICKEY L. UPDEGRAFF IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. KAREN M. UPDEGRAFF Defendant 2009-5481 CIVIL ACTION LAW -,-- IN CUSTODY CUSTODY =Fri -,7", -_,7,' --I 7) W •r- i CI 1 — —0 1 = CD 1-.0 ORDER —i rso 3-- -‹ Co AND NOW, this 23rd day of September, 2014, the conciliator, having been advised by Plaintiff's counsel that Plaintiff intends to withdraw his Petition for Modification, which has been agreed to by Defendant, hereby relinquishes jurisdiction. The custody conciliation conference scheduled for September 24, 2014 is canceled. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator r`j