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HomeMy WebLinkAbout09-5845JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff JEREMIAH McKINLEY, Plaintiff vs. JAMIE R. FALLS, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No 09_ 5 p q l a.,.W- CIVIL ACTION - AT LAW CUSTODY COMPLAINT IN CUSTODY AND NOW, comes Jeremiah McKinley, by and through his attorney, Jeanne B. Costopoulos, Esquire, and avers the following in support of this Complaint in Custody: 1. Plaintiff, Jeremiah McKinley, is an adult individual currently residing at 1 Gutshall Avenue, Enola, Cumberland County, Pennsylvania, 17025. 2. Defendant, Jamie R. Falls, is an adult individual believed to be working in Annville and staying at 700 Williams Street, Pittston, Pennsylvania, 18640. 3. There is one dependent child from the relationship of the parties, namely Jillian G. McKinley, born December 1, 2004. 4. The parties are not married. The child was born out of wedlock. 5. The child is currently in the custody of Plaintiff, Jeremiah McKinley, at 1 Gutshall Avenue, Enola, Cumberland County, Pennsylvania, 17025. 1 6. The child has resided with the following individuals at the following addresses: Names Addresses Duration Plaintiff 1 Gutshall Avenue August 2008 Amber Kreiser Enola, PA 17025 to present (Plaintiffs girlfriend) Defendant 732 N. 9'" Street November 2007 Lebanon, PA 17046 to August 2008 Defendant 197 Teaberry Lane July 2007 to Rick Batdorf Tower City, PA November 2007 (Defendant's boyfriend) Plaintiff and Defendant 4815 E. Trindle Road, Apt. 4 December 2006 Mechanicsburg, PA 17055 to July 2007 Plaintiff and Defendant 178 Ashford Drive December 2004 Enola, PA 17025 to December 2006 7. Plaintiff is the natural father of the child and he currently resides with his girlfriend Amber Kreiser and the subject child at 1 Gutshall Avenue, Enola, Cumberland County, Pennsylvania, 17025. 8. Defendant is the natural mother of the child and she is believed to be residing at 700 Williams Street, Pittston, Pennsylvania, 18640. 9. Plaintiff has not participated as a party or a witness, or in any other capacity in other litigation concerning the custody of the child in this or any other Court. 10. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 11. Plaintiff does not know of a person not a party to the proceedings who has physical 2 custody of the child or claims to have custody or visitation rights with respect to the child. 12. The best interest and permanent welfare of the child will be served by granting Plaintiff primary physical and shared legal custody for the following reasons: (a) Since residing with Plaintiff, the child has adjusted to a routine schedule. (b) Plaintiff owns a home and is able to provide the child with a stable environment. (c) Defendant suffers from various emotional and psychological problems that prevent her from putting the child's needs before her own. (d) Defendant has repeatedly hurt the child's feelings and made her unrealistic or unhealthy promises. (e) Both parents are active military and Defendant recently returned to the United States after being deployed since September of 2008. Plaintiff has been the child's primary custodian since that time. Defendant was home on leave December 2008/January 2009 during which time she picked up the child from daycare then refused to tell Plaintiff where the child was staying. When the child was later returned to Defendant, she was wearing another child's clothing and said she had been staying with a co-worker of Defendant as well as the co-worker's daughter and wife. 13. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff, Jeremiah McKinley, respectfully requests this Honorable Court to grant him primary physical and shared legal custody of Jillian G. McKinley. 3 Respectfully Submitted: Date: By: JEA & COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff VERIFICATION I, Jeremiah McKinley, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. '4904 relating to unworn verification to authorities. Date: 0 I at'-a 'qzlt:? eremiah McKinley i 2CL9 AUL-7 2S Fl`I 1: 13 -fiba50 pi") AT'N CK- V- 53o3 Rr# aa9'lb 3 _4 JEREMIAH MCKINLEY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-5845 CIVIL ACTION LAW JAMIE R. FALLS IN CUSTODY DEFENDANT ORDER OF COURT __ Monday, August 31, 2009 upon consideration of the attached Complaint, AND NOW, _____"o 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 Monday, October 05, 2009at 10:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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 ?iLr ? t 'C? OF THE ,DTAPY 2009 AUG 31 F f 3: 1;3 D Melanie L. Erb, Esquire 2132 Market Street Camp Hill, PA 17011 717-975-9446 Merbgdcdlaw.net JEREMIAH MCKINLEY, Plaintiff, V. JAMIE R. FALLS, Defendant CIVIL ACTION - LAW IN CUSTODY PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Melanie L. Erb, Esquire in the above referenced matter for the Defendant, Jamie R. Falls, per her request. Date: 02 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 2009-6845- Respectfully Submitted, 01 Janie V Erb Attorney ID # 84445 2132 Market Street Camp Hill, PA 17011 (717)975-9446 Attorney for Defendant r, JEREMIAH MCKINLEY, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. : NO.: 2009-6845 JAMIE R. FALLS, CIVIL ACTION -LAW Defendant IN CUSTODY CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date, a true a correct copy of the forgoing Praecipe was served by first class mail upon the following: JEANNE B. COSTOPOULOS, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Date: e'4'V1d'r Itl *Ianle? rb 4FA*9;M6w SEP 30 1H 1= 42 " mr", W, OCT 14 2000 JEREMIAH McKINLEY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2009-5845 CIVIL ACTION - LAW JAMIE R. FALLS, : Defendant IN CUSTODY ORDER OF COURT AND NOW, this /S'" day of 0ChA_- , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Jeremiah McKinley, and the Mother, Jamie Falls, shared legal custody of Jillian G. McKinley, born December 1, 2004. Major decisions concerning the Child including, but not necessarily limited to, her health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 2. Pending the follow-up custody conciliation conference scheduled in this Order and further Order of Court or agreement of the parties, the parties shall share having physical custody on an alternating weekly basis, with the exchange to take place every Sunday at 3:00 p.m. The parties shall exchange custody on Sundays at the Perkins Restaurant on Route 39 at Exit 77 of Route 81. The alternating schedule shall begin with the Father having custody of the Child on Sunday, October 18, 2009. When the parties' exchange time falls on a drill weekend, the parties shall establish arrangements for the exchange time by agreement and both shall equally share in providing the transportation. 3. Each parent shall be entitled to make arrangements for daycare/preschool for the Child during his or her custodial weeks. 4. The Mother shall be responsible to make all medical and dental appointments for the Child and shall notify the Father promptly upon scheduling an appointment. OP, 5. The Father shall have custody of the Child for the Thanksgiving holiday in 2009 from the Wednesday before Thanksgiving, when the Father shall pick up the Child from daycare after work through the following Friday when the Father shall return the Child to the Mother's daycare. 6. The Mother shall have custody of the Child for a trip to Florida from November 27 through December 9, 2009. 7. The non-custodial parent shall be entitled to have reasonable liberal telephone contact with the Child. 8. The parties and counsel shall attend a follow-up custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on Friday, December 11, 2009 at 9:00 a.m. for the purpose of reviewing the custodial arrangements. 9. 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. 10. 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: e B. Costopoulos, Esquire -Counsel for Father Melanie L. Erb, Esquire - Counsel for Mother °P lD/l?I? BY THE COURT, r JEREMIAH McKINLEY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2009-5845 CIVIL ACTION - LAW JAMIE R. FALLS, Defendant 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 Jillian G. McKinley December 1, 2004 Mother 2. A custody conciliation conference was held on October 8, 2009, with the following individuals in attendance: the Father, Jeremiah McKinley, with his counsel, Jeanne B. Costopoulos, Esquire, and the Mother, Jamie R. Falls, with her counsel, Melanie L. Erb, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator r ?= r NI TAIRY 2609 OC i 1 6 !rl o. 5 b jr AUG 0 9 2010 l JEREMIAH McKINLEY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2009-5845 CIVIL ACTION LAW M1J °~ JAMIE R. FALLS T~ ~~~±.. Defendant IN CUSTODY ~ ~ ~ - p.~ s~ ~ == ORDER OF COURT .~ ,_: ; :. ND NOW this da of `' 010, upon A y consideration of the attached Custody Conciliation Report, it i ordered and directed as follows: 1. The parties shall make arrangements for the Child to attend school in the school district recommended by Arnold Shienvold, PhD as part of his custody evaluation recommendations, pending further Order of Court or agreement between the parties. 2. Within 60 days of the receipt of the evaluator's written custody recommendations, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference, if necessary. 3. Pending further agreement of the parties or Order of Court, the parties shall continue to share having custody of the Child on alternating weeks as provided in the prior Order of this Court dated October 15, 2009. Both parties shall ensure that the Child is transported to and from school in the school district recommended by Dr. Shienvold. 4. The Mother shall have custody of the Child during the time period from August 13 through September 5, 2010 due to the Father's mandatory military training in Iowa. The parties shall cooperate in arranging time for the Father with the Child following his return from the training. 5. 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. BY THE COURT, /~~ Kevin ess J. cc: Jeanne B. Costopoulos, Esquire -Counsel for Father v Melanie L. Erb, Esquire -Counsel for Mother ~~~e~s ~,~%r g~/D~jd 1 JEREMIAH McKINLEY Plaintiff vs. JAMIE R. FALLS Defendant Prior Judge: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2009-5845 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 Jillian G. McKinley December 1, 2004 Mother/Father 2. A custody conciliation conference was held on August 3, 2010, with the following individuals in attendance: the Father, Jeremiah McKinley, with his counsel, Jeanne B. Costopoulos, Esquire, and the Mother's counsel, Melanie L. Erb, Esquire. The Mother, Jamie R. Falls, participated in the conference by telephone. 3. The parties agreed to entry of an Order in the form as attached. ~c~..~ f- ~~ of o [ O Date Dawn S. Sunday, Esquire Custody Conciliator JEREMIAH McKINLEY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA C-- C) VS. 2009-5845 CIVIL ACTION LAW -OZ --? co rn X -n rat - z M -? -am JAMIE R. FALLS Defendant IN CUSTODY 5c= ?rn ORDER OF COURT AND NOW, this a day of , 2011, upon consideration of the attached Custody Conciliation Report, it i ordered and directed as follows: 1. A hearing is scheduled in Courtroom Number 4 of the Cumberland County Courthouse on the /;?'?'J day of OjZAZ&e_ 2011, at at which time testimony will be taken. For purposes of the hea ng, the Father shall be deeme(to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least 10 days prior to the hearing date. 2. Pending the hearing and further Order of Court, the prior Orders of this Court shall continue in effect as modified by this Order. The parties shall alternate having custody of the Child on a weekly basis during the summer school break with the exchanges to take place every Sunday at 4:00 p.m. at Three B's Ice Cream on Routes 325 and 225. 3. In the event either party is required to attend an annual military training during his or her period of custody, that parent shall first contact the other parent to offer the opportunity to provide care for the Child during the custodial parent's unavailability before contacting third party caregivers. Pending the hearing and further Order of Court, the parties may contact each other or other third party caregivers to provide care for the Child during military drill weekends. BY THE COURT, Kevin,y Hess J. cc: Jeanne B. Costopoulos, Esquire - Counsel fork/ather Melanie L. Erb, Esquire - Counsel for Mother C? 5/a'??bib JEREMIAH McKINLEY Plaintiff vs. JAMIE R. FALLS Defendant Prior Judge: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2009-5845 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 Jillian G. McKinley December 1, 2004 Father/Mother 2. A custody conciliation conference was held on May 10, 2011, with the following individuals in attendance: the Father, Jeremiah McKinley, with his counsel, Jeanne B. Costopoulos, Esquire, and the Mother, Jamie R. Falls, with her counsel, Melanie L. Erb, Esquire. 3. This Court previously entered Orders in this matter on October 15, 2009, in which the parties shared having physical custody of the Child on an alternating weekly basis, December 22, 2009, in which a custody evaluation was scheduled and August 9, 2010, in which it was ordered that the Child attend school in the Father's school district as recommended by Dr. Shienvold. 4. After Dr. Shienvold completed the custody evaluation in August 2010, it was determined that the Mother had moved and became engaged to be married and as a result, Dr. Shienvold performed a supplemental evaluation to determine whether those factors would affect the initial recommendations. This subsequent custody conciliation conference was scheduled after Dr. Shienvold's updated recommendations were made available on April 18, 2011. 5. The parties were able to agree at the conference on the summer custody schedule, but not on the school year schedule. There was also an unresolved issue regarding custody on the parties' military drill weekends. Therefore, it will be necessary to schedule a hearing on those two issues. 6. The Father's position on custody is as follows: The Father believes it would be in the Child's best interests for the Father to have custody of the Child during the school week from Monday through Friday as the Child will be attending school in East Pennsboro where the Father resides. The Father proposed that the Child would be with the Mother on weekends with the exception of the Mother's drill weekends each month when the Father would have custody. The Father opposes the Mother's request for a right of first refusal on the Father's military drill weekends 7. The Mother's position on custody is as follows: The Mother believes that it would best serve the Child's interests for the parties to continue sharing custody on an alternating weekly basis. The Mother advised that she is able to make arrangements for the Child's transportation to and from school in East Pennsboro during the Mother's periods of custody at her residence in Williamstown. The Mother further believes that the Child should be with one of the parents on all weekends so that if a custodial parent has a drill weekend, the other parent should be offered the opportunity to provide care for the Child. 8. The conciliator recommends an Order in the form as attached scheduling a hearing on the issue of the school year custody schedule and the procedure for handling military drill weekends for each parent. It is anticipated that the hearing will require at least one-half day. The Mother's counsel indicated that she plans to present the testimony of Dr. Shienvold as an expert witness at the hearing. No other expert witnesses were identified at the time of the conference. ?l ¢? 1 gb& Date Dawn S. Sunday, Esquire Custody Conciliator ,V ' JEREMIAH MCKINLEY, Plaintiff, V. JAMIE R. FALLS, Defendant 114- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vice NO.: 2009-6845 CIVIL ACTION -LAW IN CUSTODY ORDER r, ' C_ ?m T= `nom' AND NOW, this 16-"4 day of loud, & , 2011, upon consideration of the attached Motion for Continuance of Custody Trial, it is hereby ORDERED and DECREED, that the Motion is granted and the Custody Trial is now scheduled for cO cXO ?? Q % 3d a m . 601, VMelanie L. Erb, &- ?4 Jeanne g.Cos?povlos, ` t iimax'6r C Dp , BY THE COURT: J. C Z na -- JEREMIAH MCKINLEY, IN THE COURT OF COMMON PLEAS O a--c Plaintiff CUMBERLAND COUNTY, PENNSYLV? o 77 vs. CIVIL ACTION - LAW' N0.09-5845 CIVIL 7i JAMIE R. FALLS, `= W ? Defendant IN CUSTODY' c.a ORDER AND NOW, this )3- day of October, 2011, continued hearing in the above matter is scheduled for Wednesday, December 28, 2011, at 10:00 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, /Jeanne Costopoulos, Esquire For the Plaintiff Melanie Erb, Esquire For the Defendant 7,11,111-less, P. J. iol?4'?I :rlm JEREMIAH MCKINLEY, Plaintiff VS. JAMIE R. FALLS, Defendant AND NOW, this 301V IN THE COURT OF COMMON PLEAS OF c i CUMBERLAND COUNTY, PENNSYLVA -= _rn rn f+l CIVIL ACTION - LAW vz,= w M NO. 09-5845 CIVIL o C) t a s -n IN CUSTODY >c rv :Zcl> ?? ORDER day of December, 2011, at the request of counsel, hearing in the above matter scheduled for Wednesday, December 28, 2011, is continued to Wednesday, March 14, 2012, at 9:30 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, ? Jeanne Costopoulos, Esquire For the Plaintiff Melanie Erb, Esquire For the Defendant Cppo> µ ol ,a.? Pth Arn JEREMIAH MCKINLEY, Plaintiff V JAMIE R. FALLS (WEST), Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-5845 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this 14th day of March, 2012, after hearing, it is ordered and directed that the child, Jillian G. McKinley, undergo a psychiatric evaluation under the auspices of the East Pennsboro School District. The parties are further directed to execute the appropriate releases for the filing of a report of said examination with the court. Further hearing is continued generally, with the understanding that the current order shall remain in full force and effect unless and until modified. By the Court, n . Hess, P.J. ? Jeanne Costopoulos, Esquire For the Plaintiff / i1 Melanie Erb, Esquire For the Defendant : bg , NS jhlGt ? PGA 3l %9l rn 3 1-n T - % Cn L rD uy Iv ZyCa JEREMIAH MCKINLEY, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO.: 2009-5845 JAMIE R. FALLS, CIVIL ACTION - LAW Defendant IN CUSTODY I, Jamie West, on the o?Jrk~ day of p r_, 2012, being duly swornby ?a 4.7 depose and say that: = A-PRdcu, i 4`Te-?mon 1. On or about August 1, 2008, I and my daughter, Jillian McKinley, moved out of our home in Lebanon, Pennsylvania and into Jeremiah McKinley's residence at 1 Gutshall Ave., Enola, Pennsylvania in order to prepare for my deployment as a member of the United States Army National Guard. 2. From approximately September 1 thru September 12, 2008, I was in training at Ft. Indiantown Clap prior to deployment. 3. After a brief leave from September 12 thru Sept 17, 2008 spent with family, I reported to Philadelphia Armory to ready for leave for training. 4. Mr. McKinley brought Jillian to Philadelphia and spent the night in my hotel room on September 20, 2008 to see me off on September 21, 2008. 5. On September 21, 2008, I flew to Mobile, Alabama and reported to Camp Shelby, Mississippi. 6. While at Camp Shelby, on September 26, 2008, Mr. McKinley took Jillian to a birthday party for his now step-daughter, Alyssa. 7. On September 27, 2008 I received a telephone call from an unknown person that informed me that Mr. McKinley was having Amber Kreiser spend the night at his residence with our daughter present. 8. At some point between October 1 and October 15, 2008, Mr. McKinley went through the items in my storage unit and returned all of the pictures of Jillian with him and I stating that he did not want them and that Jillian was not allowed to have them. 9. During my periods of training prior to deployment I attempted to contact Jillian by telephone as much as possible but was frequently not permitted the opportunity to speak with her by Mr. McKinley. 10. On or about October 27, 2008, I went to Fort Polk, Louisiana for one month train-up. 11. On December 1, 2008 when I attempted to contact Jillian on her birthday, Mr. McKinley advised that :[ was not allowed to speak with my daughter. 12. During that telephone call on December 1, 2008, Ms. Kreiser, now Mrs. McKinley wanted to speak with me about my daughter. 13. On or about December 13, 2008 I was flown to Ft. Dix, New Jersey and from there took a bus to Ft. Indiantown Gap. 14. Upon being released for Christmas break on December 20, 2008, I rented a car and went to Mr. McKinley's residence to see Jillian and advised her I would come back to get her after checking into a hotel room and getting items out of the storage unit. 15. Jillian was very upset that she could not go with me immediately and was crying when I left. 16. Mr. McKinley would not allow me to pick up Jillian until December 22, 2008 and he wanted her returned to his home prior to Christmas. 17. On Christmas Day, after being permitted to watch Jillian open gifts at Mr. McKinley's residence, I advised him that he would no longer be my Power of Attorney, or have access to my bank accounts or my storage unit. Mr. McKinley became very irate upon learning this information. 18. Jillian was then in my custody from the evening of Christmas Day 2008 until just prior to New Year's since I had to return items to my storage unit and report to Ft. Indiantown Gap on January 2, 2009. 19. After learning that we were not flying out as early as expected and that a "family day" was scheduled for January 10, 2009, I contacted Mr. McKinley to inform him and he told me he would not allow me to have Jillian during that time. 20. Because Jillian's daycare was on the base at Ft. Indiantown Gap at that time, I went there and withdrew her and placed her in the care of a friend so that I could see Jillian prior to my deployment and particularly for family day. 21. After returning her to Mr. McKinley's custody, he withdrew her from the daycare facility at Ft. Indiantown Gap and placed her at a private facility wherein I was not able to obtain any information until my return from deployment. 22. I was deployed out of country from January 11, 2009 until August 29, 2009. 23. While I was deployed I called Mr. McKinley every Sunday evening to speak to Jillian but the majority of those calls, probably 9 out of 10 times, I was not permitted to speak with her. 24. I was often informed that Jillian was busy or that I did not need to talk to her when I telephoned Mr. McKinley during my deployment. 25. When I was not permitted to speak with my daughter, I would contact Mr. McKinley's mother to see inquire as to whether she had seen her recently or spoken with her. 26. I was not kept informed of Jillian's activities during my deployment. 27. Shortly after returning from deployment, I was served with a Complaint for Custody that was filed on .August 25, 2009. 28. A custody conciliation conference was held in the office of Dawn Sunday, Esquire on or about October 8, 2009. 29. In or around the time of the custody conference I became aware that Mr. McKinley had taken Jillian to a therapist during my deployment but only for one or two sessions. 30. Jillian began seeing a counselor, Angi Strickler, LSW, with Pennsylvania Counseling Services in January 2010. 31. Mr. McKinley has not participated in counseling sessions with Ms. Strickler since early 2010. 32. Following the custody hearing on March 14, 2012, I met with the school staff regarding Jillian's evaluation to be performed by Dr. Shawna Smith Brent. 33. I was provided questionnaires to complete prior to the meeting at Dr. Brent's office on April 3, 2012. 34. Jillian was with her father, Mr. McKinley the week of the evaluation by Dr. Brent. 35. When I arrived at Dr. Brent's office, Mr. McKinley was there with his wife and Jillian. 36. While we waited for Dr. Brent to begin the meeting, Jillian would not speak to myself or my husband. 37. Jillian did briefly interact with myself and my husband, Joe West, while Mr. McKinley and his wife were meeting with Dr. Brent. 38. Based on my conversation with Jillian the following week, Jillian was not permitted to speak with us at Dr. Brent's office. 39. Dr. Brent's report suggests that Jillian be in counseling to deal with her emotional issues. 40. The Williams Valley School District has support groups for children dealing with family issues such as divorce/custody, as well as military deployments. 41. Despite knowing of these issues for the past two years, the staff at the East Pennsboro School District has not provided any sort of counseling or emotional support for Jillian. Further, Affiant sayeth not COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. h On this X" day of 1A 0 (- k- k , 201 a, before me, a Notary Public, the undersigned officer, personally appeared Jamie West , known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that they executed the foregoing document in the capacity therein stated and for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my stamp and official seal. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Crystal L Mahoney, Notary PublIc Camp HUI Boro, Cumberland County Commission Expires March 20, 2014 Member, Pennsylvania Association of Notarles Melanie L. Erb, Esquire 2132 Market Street Camp Hill, 13A 17011 717-975-9446 merb(?aplglaw.com JEREMIAH MCKINLEY, Plaintiff V. JAMIE R. FALLS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO.: 2009-5845 : CIVIL ACTION - LAW : IN CUSTODY CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date, a true a correct copy of the foregoing Pre-Hearing Memorandum of Defendant was served by first class mail upon the following: Jeanne B. Costopoulos, Esquire 5000 Ritter Rd, Ste 202 Mechanicsburg, PA 17055 Attorney for Plaintiff Date: S 1 r Z Christopher amone JEANNE B. COSTOPOULOS, ESQUIRE ,Attorney I.D. No. 68735 :5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff JEREMIAH McKINLEY, Plaintiff vs. JAMIE R. FALLS, Defendant R ~ M tj 1 y'{ I, 'I. j, 73 THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 2009-5845 CIVIL ACTION - AT LAW CUSTODY TO THE HONORABLE KEVIN A. HESS, JUDGE OF SAID COURT: PLAINTIFF FATHER'S REQUEST TO RECONVENE CUSTODY HEARING AND NOW, Plaintiff; Jeremiah McKinley, by and through his attorney, Jeanne B. Jeanne B. Costopoulos, Esquire, respectfully submits the following in support of this Request to Reconvene Custody Hearing: 1. Petitioner is Plaintiff above, Jeremiah McKinley ("Father" hereinafter). 2. Respondent is Defendant above, Jamie R. Falls ("Mother" hereinafter). 3. Plaintiff filed a Complaint for Custody on August 25, 2009 in which he sought primary physical custody of the parties' daughter, Jillian G. McKinley, born December. 1, 2004, currently age 8. 4. The parties attended a custody conference before Dawn Sunday, conciliator, and on October 15, 2009, a temporary agreed order was issued, on a trial basis, pending a follow-up conference to be held in December of 2009. The temporary order provided for shared custody on an alternating weekly basis. 5. On December 22, 2009, an order was entered issued following a second custody conference at which time the parties agreed to submit themselves for a custody evaluation with Dr. Arnold Shienvold. 16. On August 9. 2010, an order was entered following a third custody conference as which time the parties agreed that the child would attend school in the district recommended by Dr. Shienvold, East Pennsboro where Father resides. 7. Dr. Arnold Shienvold completed his full custody evaluation of the parties and a report was issued on August 12, 2010 in which he recommended that the shared arrangement continue for the time being. 8. Shortly after the August 12, 2010 report was issued, it was discovered that Mother had not been forthcoming about her living situation or her relationships prior to the initial report being issued and a follow-up evaluation was required. 9. Dr. Shienvold performed a follow-up evaluation and issued a report on April 14, 2011 in which he concluded by stating: "While a shared arrangement can probably be successfully negotiated at this time in spite of the extended travel for Jillian, in the future that arrangement is going to become more difficult." 10. On May 10, 2011, a fourth custody conference was held at which time the parties and their counsel reviewed Dr. Shienvold's reports from August 12, 2010 and April 14, 2011. The parties could not resolve their differences and the case was scheduled for a hearing, primarily on the issue of whether the shared custody arrangement was best for the child during the school year, as Mother alleged, or whether Father should have primary physical custody during the school year, as Father requested. 11. A hearing was eventually held on March 14, 2012 during which Dr. Shienvold recommended that the shared arrangement continue throughout the year. After a conference in chambers with counsel, the hearing was continued pending the child undergoing a psychiatric evaluation through East Pennsboro School District. 12. The psychiatric evaluation was conducted and Dr. Shawn S. Brent issued a report in April of 2012 in which she noted that the child indicated that she wanted to reside in one home and that she preferred to reside at Father's house. Dr. Brent further offered her opinion that the current custody arrangement is no longer in the child's best interests and that the schedule was triggering the child's underlying emotional difficulties. 13. Counsel for the parties met with the judge in chambers to discuss Dr. Brent's report and it was agreed that the report should be shared with Dr. Shienvold so that he could review the contents of the report and offer an opinion as to whether he still believed the alternating weekly schedule was best for the child. 14. Dr. Shienvold reviewed Dr. Brent's report, met with the parties again, then issued the attached letter dated August 23, 2012 in which he concludes that it would be best for the child for Father to have primary custody during the school year with Mother having alternating weekends from Friday through Monday morning, plus another night each week with Mother. 15. Melanie L. Erb, Esquire, was contacted by undersigned counsel and she indicated that her client would not agree to follow the recommendations of Dr. Shienvold's supplemental report and that further proceedings would be necessary. WHEREFORE, Jeremiah McKinley respectfully requests that the hearing that was continued on March 14, 2012 be reconvened so that testimony regarding Dr. Arnold T. Shienvold can be elicited for consideration by the court prior to a final decision being made regarding physical custody of the parties' minor daughter. RESPECTFULLY SUBMITTED: By: JEA NE B. COSTOPOULOS, ESQUI Dated: c?4r?? Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff ATTORNEY VERIFICATION Undersigned counsel, Jeanne B. Costopoulos, Esquire, hereby verifies and states that: 1. She is the attorney for Jeremiah McKinley, Plaintiff. 2. She is authorized to make this verification on his behalf. 3. "The facts set forth in the foregoing document have either been provided to her by her client or they are based on information known to undersigned counsel and not necessary to her client. 4. The facts set forth in the foregoing document are true and correct to the best of her knowledge, infonnation, and belief. 5. She is aware that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. By: JE NNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff Dated: //f CERTIFICATE OF SERVICE L Jeanne B. Costopoulos, Esquire, hereby certify that this day I served a copy of the attached document upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Melanie L. Erb, Esquire 2132 Market Street Camp Hill, PA 17011 BY: Jeanne B. Costopoulos, Esquire ATTORNEY FOR PLAINTIFF 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Phone: (717) 221-0900 Dated: ? PA Supreme Ct. ID No. 68735 /? ?? 731k -1 w'am Riegler - Shienvold & Associates August 23, 2012 Melanie L. Erb, Esquire Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, PA 17011 Jeanne B. Costopoulos, Esquire 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 RE: McKinley vs. Falls No. 2009-5845 Dear Attorneys, Elliot Riegler, Ph.D. (1948-1999) Arnold T. Shienvold, Ph.D. Melinda Eash, MS James Eash, LSW Bonnie Howard, Ph.D. Amy K. Keisling, ACSW, LCSW Jeffrey Pincus, Ph.D. Ann bergales, ACSW, LC-SW Kasey Shienvold, Psy.D., MBA John Sivley, LCSW, CAC Kimberly Bridgman, LSW As you recall, I was asked by the Court to review several documents related to Jillian McKinley and to report to the court if those documents, along with an interview with each of the parents, led to any change in. the prior recommendations I made in this case. Therefore, I have reviewed the psychiatric evaluation conducted by Dr. Shawn Brent, the Evaluation Report prepared by East Pennsboro School District, the IEP established by the school for Jillian and a series of emails and related documents provided to me by the parents. In his interview, Jeremiah reported that Jillian's behavior has worsened at school over the last year, especially with respect to her interactions with other children. He noted that first grade had started "okay," but after Jillian spent the entire month of October with her mother because he was on duty with the military, Jillian seemed to get worse. Jeremiah feels that Jillian lost some of her consistency in routines and schedules and started to demonstrate behavior problems. He reported that she was hitting, pushing and threatening students. In general, she was having a lot of difficulty during unstructured time at school. Jeremiah reported that the school was using a behavioral program to help control Jillian's behavior. In May the school completed a new IEP for Jillian with which Jeremiah agreed, but he reported that the plan was opposed by Jamie. He stated that she felt it was not a good plan and that the staff of East Pennsboro more generally does not understand the problems of military families. According to Jeremiah, Jamie argued that Williams Valley School District would do a better job in dealing with Jill Ian's problems. Jeremiah feels that the problems are not a result of the school, but rather a result of the custody schedule. Jeremiah reported that Jillian continues to see Angela Strickler in counseling. However, Jeremiah noted that Jamie had unilaterally brought her to that counseling center. He was not in 2151 Linglestown Road, Suite 200 • Harrisburg, Pennsylvania 17110 • (717) 540-1313 Fax: (717) 540-1416 www.rieglershienvold.com F 1 Page 2 McKinley v. Falls favor of Ms. Strickler as the counselor. Jeremiah had wanted Jillian to be seen by a therapist at Riegler, Shienvold and Associates. Jeremiah noted that he and Amber were married on September 10, 2011. Amber is worLing as a private nanny for a family in Harrisburg. She has been employed as a nanny since January of 2010. She is home in the evening between 5:30 and 6:00 p.m. Jeremiah indicated that he continues to work at lndiantown Gap from 8 a.m. to 4:30 p.m. The girls go to daycare at 7 a.m. when they are with him and they are retrieved at around 5 p.m. He noted that Jillian was not getting into much trouble at daycare/camp this summer. With respect to problems that he sees at home, Jeremiah reported that Jillian tends to pick on Alyssa. She appears to be seeking attention through her negative behavior. Jeremiah noted that Jillian does not know how to express her frustration and begins to act-out inappropriately. However, he reported that more often than not, Jillian listens to directions and does not get into trouble. When she misbehaves, Jeremiah asks her why she did what she did, makes her apologize for her behavior and she either loses a privilege or is placed in time-out. Jeremiah has not sought any professional advice on how to handle Jillian. He reported that Jamie has said she does not have problems with Jillian at her home, but Jeremiah feels that she is "oblivious" to the problems. lie is upset that Jamie is telling Jillian that she will be going to Williams Valley next year. Jeremiah reported that there is little cooperation between them with respect to coparenting. He noted that be and Jillian speak briefly on Sunday at the transfer, but he feels that there is "no talking to her." Jeremiah feels that Jamie, Joe and Joe's mother "live in a fantasy wutld." Jeremiah reported that lie never gets a straight or definite answer from her with respect to anything. Jeremiah stated that Jillian has said that her mother has told her she will be living with her next year. On the other hand, Jeremiah denied that he talks to Jillian about any of the custody situations. Jeremiah reported that he is trying to work with the school to get improvement in Jillian's behavior. He noted that he and Amber try to use privileges at home as consequences, both positive and negative, for how she behaves at school. They are using a "stamp book" and they talk about her school day. Jeremiah noted that Jillian's behavior is better at home, but he admitted that there is less time to get into trouble at home. Jillian does not talk back at home, but she can give a "bad attitude" at times. Jamie agreed that when Jeremiah was out of town for the month of October, Jillian's acting-out behavior increased. Jamie noted that Jillian's counselor believes that Jillian has difficulty with "change" and that the change in routines in October may have been the source of her upset. Jamie also reported that although Jeremiah said that he had told Jillian that he was leaving for the month, Jillian stated that he had not told her. Jamie reported that Jillian's behavior has been "spotty" since that time. According to Jamie, Jillian has been pushing other Page 3 McKinley v. Falls children, calling them bad names, spitting at them and punching them. Jillian was suspended from the school bus for bad behavior. Jamie admitted that the school has continually contacted her about the behavior, but they have found nothing that works. Jamie noted that Jillian lost all of her recess time due to bullying behavior. According to Jamie, Jeremiah left town again for a couple of weeks in May. She reported that Jillian's behavior improved during that time, but worsened after he returned at Memorial Day. Jamie noted that Jillian's demeanor appeared angry when she returned from her father's house.. She was often "snappy" and "grumpy." Jillian would tell Jamie she was "mad" at her. Jamie admitted that she opposed a psychiatric evaluation that the school wanted to do with Jillian in March. She reported that the principal had labeled Jillian as a "bully" at a meeting she had with him. Jamie particularly opposed the school doing the evaluation as opposed to some outside agency. She would have preferred the evaluation be done by someone outside the authority of the school. It was Jamie's position that Jeremiah agreed with her with respect to an outside agency conducting the evaluation, but later Jeremiah denied that claim in court. Ultimately, Judge Hess ordered an evaluation by Shawna Brent through the school district. Jillian also had another IEP completed. In response to some of Jeremiah's claims, Jamie admitted that she is not very happy with East Pennsboro School. Therefore, she called and spoke with the principal of the Williams Valley School who Jamie feels better understands the needs of military families. Therefore, she feels they will relate better to Jillian's needs if Jillian attends school within that district. Jamie denied that she told Jillian she would be living with her or that she would be going to Williams Valley School. However, she admitted to telling Jillian that she was unsure where she was going to lire and go to school. Jamie reported that Jillian has friends in her community with whom she goes to religious bible school. Jamie admitted that Jillian has some problems with her emotional control. However, she state) that "if there are other things (wrong with her), we're not seeing them." Jamie stated that if Jitian's behavior was to worsen, she would either call the school or the state police so that they could talk to her about bullying. In fact, Jamie reported that on one occasion Jillian got mouthy with her and she took her to the state police "to talk to her." Jamie admitted that communication with Jeremiah is not good, but felt that it was Jeremiah who was unwilling to communicate. It should be noted that Jamie has had multiple email conversations with Jillian's teacher. A sample of those emails was shared with me by Jeremiah. The conversations within the emails disclosed Jamie's unhappiness with the way the school handled a variety of situations. However, they also disclosed that Jamie's dissatisfaction resulted from assumptions she was making, rather than ctual facts. Her tone in the emails was very accusatory. Page 4 McKinley v. Falls As noted, the evaluation by Dr. Brent was ordered by the Court. Her assessment of Jillian led to the conclusion that Jillian's emotional and behavioral dysregulation. is secondary to an Adjustment Disorder, rather than some more serious, underlying mental disorder. Dr. Brent believes that the adjustment difficulties result from her "insecurities and uncertainties within her living arrangements...a reflection of both parents' inability to work together for Jillian's best interests." Dr. Brent felt that the equally shared custody arrangement "is further triggering her underlying emotional difficulties." In conclusion, she recommended that Jillian be identified as having a primary emotional disability so that she could receive school-based services. She also recommended outpatient, individual therapy in which both parents are involved. Dr. Brent believes that as a function of the changes in Jillian's behavior, she needs a custodial arrangement that provides more stability and consistency. Finally, the parents' coparenting relationship needs to improve. The Evaluation Report completed by the East Pennsboro School District was based on observations and testing done at the school over the past year and on the psychiatric evaluation completed by Dr. Brent. The school incorporated Dr. Brent's diagnosis and recommendations into their report and identified Jillian as a "student with a primary disability of Emotional Disturbance." It was recommended that an IEP be established for Jillian and that her current behavior plan be revised. The IEP was presented on May 10, 2012. The IEP was consistent with all reports. A review of the IEP shows that it seems be an appropriate and comprehensive approach which should help meet Jillian's needs in the school setting. Given all of the information provided, and especially given the on-going deterioration in Jillian's behavior, it is becoming increasingly clear that the shared custodial arrangement does not appear to be in Jillian's best interests. It was noted in the past evaluations that there may be a time in the future when the shared custodial arrangement was not effectively meeting Jillian's needs and a primary residence might become necessary. Although the specific reasons for the need for a change at this time are not the same as outlined in the report, the change has been recommended by Dr. Brent, and appears to be necessary. Even in light of the obvious problems that Jillian was experiencing in school over the past year, Jamie and Jeremiah have been unable to coparent effectively and reach joint decisions in a collaborative manner which serve Jillian's best interests. Jamie opposed a more comprehensive evaluation of Jillian as recommended by the school, but was unable to articulate a good reason for opposing the evaluation. The school wanted to have Jillian evaluated by a psychiatrist and use the recommendations to establish a behavioral plan that would be to Jillian's benefit. In reality, there was no real downside to allowing the evaluation. Jamie stated two reasons for her resistance. First, Jamie was .fearful of Jillian being labeled by the school. However, there was no evidence that would have happened or that such a label would be more negative than her continued problems in school. Secondly, Jamie wanted any evaluation to be conducted by an independent practitioner. Page 5 McKinley v. Falls Jamie also felt that Williams Valley School personnel would be more sensitive to the needs of Jillian as a child from a military family. However, she provided no specific information that would suggest that was true. She reported talking to the principal of the school, but there was no information about specific programs for military families. Furthermore, while the entire custodial situation may have been effected originally by the deployments of the parents, Jiliian's current difficulties do not appear to be directly related to her parents' military obligations or experiences. On the other hand, East Pennsboro has been very responsive to Jillian's needs and the staff has worked hard to keep both parents informed of problems and involved in decision making. The current school system appears to have a good understanding of Jilhan's needs and a viable plan to deal with the problems. Jamie appears to be seriously biased against the East Pennsboro district. Incorporating all information into consideration, including the information from the previous two evaluations, it appears that it is time to name a primary residence for Jillian so that she is not trying to negotiate two households in which the parents are unable to cooperate. In the previous evaluation it was determined that the most appropriate primary residence would be with Jeremiah. There were multiple reasons cited at that time and will not be repeated in this letter. However, a significant factor at this time is to maintain Jillian's stability within the East Pennsboro district. As noted in the last report, Jamie chose to live in Williamstown when she could have been much closer to Jillian's school in Enola. That decision insured that under a shared custodial arrangement Jillian would continue to have to endure long periods of travel each day to get to school while in her mother's custody. Additionally, Jamie has tended to be less cooperative with and less trusting of the school than Jeremiah. If the court assigns Jeremiah's residence as Jillian's primary residence, then the parenting plan for this family should be sure to include alternating weekends for Jamie with Jillian with such weekends extending from Friday to Monday morning. Additionally, Jillian should spend another night per week with her mother. The school recesses should be equally shared, as should the summer vacation. In fact, in the summer there could be a return to the original shared arrangement. While it is unfortunate that these parents cannot continue to share custody, hopefully they will recognize the need for their daughter to have a more stable living situation since she is experiencing so many behavioral and emotional problems under the current arrangement. I hope these remarks are helpful for you in deciding next steps for Jillian. If you have any further questions, please feel free to contact me. RespectfWly, old T. Shienvold, Ph.D. CAE THE PRO THONOT yyz 2013 APR 24 AM 11. 12 CUMBERLAND COE111T` PENNSYLVANI-A JEREMIAH McKINLEY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO.: 2009-5845 JAMIE WEST, CIVIL ACTION—AT LAW Defendant CUSTODY PETITION FOR SPECIAL RELIEF AND NOW, comes the Petitioner, Jamie West, by and through her attorney, Melanie L. Erb, Esquire and the Dethlefs-Pykosh Law Group, LLC, and hereby file this Petition for Special Relief and avers as follows: 1. Petitioner is Jamie West, an adult individual currently residing at 3�6 Julian Street Williamstown, Pennsylvania 17098. 2. Respondent is Jeremiah McKinley, an adult individual currently residing at 1 Gutshall Avenue, Enola, Pennsylvania 17025. 3. Parties are the natural parents of the minor child Jillian McKinley, born, December 1, 2004. 4. The Custody action is currently pending in this matter before the Honorable Kevin Hess. The present temporary order, provides the parties will share legal and physical custody of the minor child. li;�3-00 poP a4 Olt 13 fyt�- ��-77 5. On Sunday April 14, 2013, Petitioner received a text message believed to have been sent by the Respondent advising that she was to come to his home and retrieve the minor child. 6. Upon arrival at Respondents home, Petitioner was advised that Respondent no longer wanted the minor child in his residence and that Petitioner was to take her home. Further, Respondent advised the minor child that she was no longer welcome in his home and that he would not be seeing her ever again. 7. The following day, Monday, April 15, 2013, Petitioner received a series of text messages advising that he wished to sign off his parental rights regarding the minor child in order for Petitioners husband to proceed with Step-Parent Adoption. 8. The minor child has remained in Petitioners care the week of April 14, 2013 despite the fact that under the current order, this would have been Respondent's week of shared physical custody. 9. It is believed and therefore averred that Respondent does not intend to exercise any additional periods of physical custody now or in the future. 10. Petitioner/Mother believes that it is in the minor child's best interest for her to be awarded Primary sole legal and physical custody of the minor child at the present time. WHEREFORE, Petitioner/Mother, Jamie West, respectfully requests this Honorable Court enter an Order granting her sole legal and physical custody of the minor child, Jillian Grace McKinley. Respectfully submitted, e L. Erb ATTORNEY FOR DEFENDANT 2132 Market Street Camp Hill, PA 17011 PA Supreme Ct. ID No. 84445 CERTIFICATE OF SERVICE I, Melanie L. Erb, Esquire, hereby certify that this day I served a copy of the attached document upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Jeanne' B. Costopoulos, Esquire 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 BY: 4&�� V r n ie L. Erb TORNEY FOR DEFENDANT 2132 Market Street Camp Hill, PA 17011 PA Supreme Ct. ID No. 84445 Dated: JEREMIAH MCKINLEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION—LAW NO. 2009-5845 JAMIE WEST, ; Defendant IN CUSTODY IN RE: DEFENDANT'S PETITION FOR SPECIAL RELIEF ORDER AND NOW, this .� day of May, 2013, a rule is issued on the plaintiff to show cause why the relief requested in the within Petition for Special Relief ought not to be granted. This rule returnable fifteen(15) days from date of service. BY THE COURT, Kevin . Hess, P. J. Cif m 015 -02 .3 ,. , �- " Viµ' '`2 .