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HomeMy WebLinkAbout09-6258vlg YORK COUNTY PROTHONOTAR16 Page 1 of 2 911012009 2002-SU-006196-03 ©?5 KUNKLE, ER/NN H vs. RUSSELL, JUANITA Action 06/25/2009 COURT MINUTE SHEET BEFORE JUDGE DORNEY, 88888 1 MAHAN 06/25/2009 ORDER DIRECTING VENUE BE TRANSFERRED TO 03084 1 CUMBERLAND COUNTY BY THE COURT SHERYL A DORNEY JUDGE 06/10/2009 CERTIFICATION OF INTENTION TO FILE MOTION 03107 3 W/CERT OF SVC 06/10/2009 MOTION FOR TRANSFER OF VENUE W/CERT OF SVC 04672 20 09/14/2006 *CASE FILED IN BOX NUMBER 2006.BX.143 99999 (Volume: 02006-Blip: 00143) 08/09/2006 *CASE INACTIVE PER LOCAL RULE 6036 05091 (Volume: 00102-Blip: 00326) 01/22/2003 STIPULATED ORDER FOR CUSTODY 05475 (Volume: 00010-Blip: 0096) BY THE COURT: RICHARD K RENN JUDGE 01/22/2003 NOTICE GIVEN RE: PA RCP 236 W/DOCUMENTS 05032 (Volume: 00010-Blip: 0096) ORDER MAILED RICHARD MAFFETT/JUANITA RUSSELL RICHARD RUSSELL/BRADLEY RUSSELL 1/22/03 01/22/2003 CONSENT TO ENTRY OF COURT ORDER 04619 (Volume: 00010-Blip: 0097) 01/09/2003 SHERIFF RETURN OF SERVICE 04087 (Volume: 00004-Blip: 0421 ) NOT FOUND IN YORK CO 01109/2003 SHERIFF RETURN OF SERVICE (Volume: 00004-Blip: 0421 ) CMPLT SRVD UPON BRADLEY RUSSELL 1/2/03 BY SHERIFF OF PERRY CO 12/27/2002 COMPLAINT IN CUSTODY ACTION 04076 (Volume: 00206-Blip: 0206) 12/27/2002 DIRECTIVE APPOINTING CUSTODY CONCILIATOR 04929 (Volume: 00206-Blip: 0206 ) MARIA MUSTI COOK ESQ 1/9/02 @11:OOAM BY THE CT:RICHARD K RENN JUDGE 12/27/2002 CUSTODY FEE RE: ACT 119-96 05188 (Volume: 00206-Blip: 0206) ? v? IV O'n vlg YORK COUNTY PROTHONOTAR'* Page 2 of 2 911012009 Action Party Name D- RUSSELL, JUANITA D- RUSSELL, RICHARD D- RUSSELL, BRADLEY P- KUNKLE, ERINN H Atty Name PURCELL, JOHN W PURCELL, JOHN W PURCELL, JOHN W MAFFETT, RICHARD F JR Total Number of Pages : 25 ERINN H. KUNKLE, Plaintiff V. JUANITA RUSSELL, RICHARD RUSSELL and BRADLEY RUSSELL, Defendants • IN THE COURT OF COMMON PLEAS YORK COUNTY, PENNSYLVANIA NO. 02-SU-064163-03 CIVIL ACTION - LAW IN CUSTODY C-?' ?.. RDER AND NOW, this C? day of CCD t GY! y `?+ L rr ?' ? `?ma}yy vVP 2009, upon consideration of the foregoing Motion for Transfer of Venue, and upon consideration of counsel for the Plaintiffs consent to such transfer, it is hereby ORDERED AND DECREED that the venue of the matter shall be transferred to Cumberland County for further proceedings. Costs shall be paid by 1: • John W. Purcell, Jr., Esquire ID #29955 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 jpurcell@pkh.com ERINN H. KUNKLE, Plaintiff V. C N O A a.t? n Z Q „-- -n Cn IN THE COURT OF COMMON PLEAS YORK COUNTY, PENNSYLVANIA NO. 02-SU-061960-03 JUANITA RUSSELL, RICHARD RUSSELL and BRADLEY RUSSELL, CIVIL ACTION - LAW Defendants IN CUSTODY CERTIFICATION OF INTENTION TO FILE MOTION The undersigned here by certifies that notice of Defendant's intention to file a Motion for Transfer of Venue, a copy of which is attached hereto, was mailed on June 8, 2009, pursuant to Rule 208.2(a) by regular mail, addressed to the following: Erinn H. Kunkle P.O. Box 112 Marysville, PA 17053 Richard F. Maffet, Esquire 2201 North Second Street Harrisburg, PA 17110 PURCELL, KRUG & HALLER By: John . Purcell, Jr., Esquire ID 955 -Vl9 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: Attorney for Defendant ?O Q • HOWARD B. KRUG LEON P. HALLER JOHN W.PURCELLJR. JILL M. WINEKA NICHOLE M. STALEY O'GORMAN DSA A. RYNARD • LAW OFFICES U/J I V 1A 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 TELEPHONE (717) 234-4178 FAX (717) 233-1149 June 8, 2009 Erinn H. Kunkle P.O. Box 112 Marysville, PA 17053 Richard F. Maffett, Jr., Esquire 2201 North Second Street Harrisburg, PA 17110 Re: Kunkle v. Russell No. 02-SU-061963-03 Dear Ms. Kunkle and Mr. Maffett: HERSHEY (717) 533-3836 JOHN W. PURCELL(1924-2009) JOSEPH NISSLEY (1910-1982) Pursuant to Rule 208.2(a), I am hereby notifying you of Defendant's intention to file a Motion for Transfer of Venue in the Court of Common Pleas of York County. Ve- Xtruly W. Purcell, Jr. JWP, JR/ksd c: Bradley Russell (w/copy of Motion) • CERTIFICATE OF SERVICE • Pursuant to York County Local Rule 208.3(a), I, Kimberly S. DeFalco, Legal Assistant to John W. Purcell, Jr., hereby certify that a true and correct copy of the foregoing document was served upon the parties listed below, by sending a copy of the same via first class U.S. Mail to: n Erinn H. Kunkle P.O. Box 112 a Marysville, PA 17053 :a ?rn Richard F. Maffet, Esquire a 2201 North Second Street cs+ Harrisburg, PA 17110 Kimberly S. DeF co Legal Assistant to John W. Purcell, ., squire PURCELL, KRUG & HALLER I.D. No. 29955 r DATE: (' ( ? 1 cD c? • John W. Purcell, Jr., Esquire ID #29955 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 jpurcell@pkh.com • ERINN H. KUNKLE, Plaintiff V. JUANITA RUSSELL, RICHARD RUSSELL and BRADLEY RUSSELL, Defendants IN THE COURT OF COMMON PLEBS YORK COUNTY, PENNSYLVANIA Q n sN NO. 02-SU-061963-03 r C'f f'1 r.? O 0 G "+ PY! CIVIL ACTION - LAW IN CUSTODY MOTION FOR TRANSFER OF VENUE Q w M 0 1. The moving party is Bradley Russell, the natural father of the minor child, Ariella N. Kunkle, born January 17, 1995. 2. The Movant, Bradley Russell, currently resides at 302 Liberty Court, Mechanicsburg, Cumberland County, Pennsylvania. 3. The Respondent, Erinn H. Kunkle, the natural mother of Ariella N. Kunkle, currently resides in Dauphin County with a mailing address of PO Box 112, Marysville PA 17053, and has resided there since prior to the date of the entry of the Court Order. 4. A Court Order concerning custody of the child, Ariella N. Kunkle, was entered on January 17, 2003, granting legal custody jointly to the Mother and Father, with physical custody being apportioned between the parties as set forth therein. A copy of said Order is attached hereto and made a part hereof as Exhibit "A". • • 5. Bradley Russell moved from York County in 2004, and his parents, the other Defendants, Juanita and Richard Russell, moved from York County in 2004 and currently reside at 1029 Swarthmore Road, New Cumberland, Cumberland County, Pennsylvania. 6. In August of 2007, the parties entered into an Agreement to transfer custody of the child to Father, who has had custody of the child since that time. The child has resided in Cumberland County and attended school within the Cumberland Valley School District for the 2007-2008 school year and has completed the 2008-2009 school year in the same school. A copy of the Agreement is attached hereto as Exhibit «B„ 7. Since all parties in the matter no longer reside in York County, and have not for a substantial period of time, the Movant requests this Court to enter an Order transferring Venue of the matter to Cumberland County. 8. Defendants Juanita Russell and Richard Russell concur in the request for Transfer of Venue by joining in this Motion, as evidenced by the attached stipulation. 9. Defendants have requested Erinn H. Kunkle to concur in the Motion, but as of this date, she has not responded. WHEREFORE, the Movant, Bradley Russell, hereby request this Honorable Court to modify the Custody Order and transfer venue as aforesaid. Respectfully submitted, PURCELL, KRUG & HALLER By: John urcell, Jr., Esquire 29955 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: Gk Q lol Attorney for Movant, Bradley Russell • • IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA FAMILY DIVISION ERINN H. KUNKLE, Plaintiff No. 2002-SU-06196-03 vs. JUANITA RUSSELL, RICHARD RUSSELL and BRADLEY RUSSELL, Defendants APPEARANCES:. For Plaintiff: For Defendants: CIVIL ACTION - LAW Action in Custody Richard Maffet, Jr., Esquire L.J r No Appearance STIPULATED ORDER FOR CUSTODY FROM CONCILIATION ao AND NOW, this 1 ? f& day of January, 2003, this Order is being entered as a result of a pre-trial Conciliation Conference held on January 9, 2003, before Maria Musti Cook. The matter is before the Court on Mother's petition for primary physical custody. The Court has been advised that Father did not participate in the conference and he is currently incarcerated in the Perry County Prison. Counsel for the Mother advises that the Sheriff's Office of York County does have a return of service to be filed indicating that service was accomplished prior to the Conciliation Conference. The parties who participated in the conference reached an agreement to resolve the issues. BACKGROUND OF THE CASE: This matter involves the custody of: Ariella N. Kunkle DOB: January 17, 1995 Age: 7 '/2 There is a previous Court Order entered in the Family Court of Chemung County, New York, on October 30, 2000, which provided for joint legal custody in the Paternal Grandparents and Father and physical custody in the Paternal Grandparents. Mother was not a party to that action, which is docketed to number V1125-99. Pursuant to the agreement of the parties, the Court hereby awards joint legal custody of the Child to Mother and Father. Joint legal custody means the right of both parents to control and to share in making decisions of importance in the life of their Child, including educational, medical, and religious decisions. Both parents shall be entitled to equal access to the Child's school, medical, dental and other important records. As soon as practical after the receipt by a party, copies of the Child's school schedules, special events notifications, report cards, and similar items shall be provided to the other party. Each party shall notify the other party of any medical, dental, optical and other appointments of the Child with health care providers, sufficiently in advance thereof so that the other party can attend. Notwithstanding that both parents share legal custody, non-major -2- decisions involving the Child's day-to-day living shall be made by the parent then having custody, consistent with the other provisions of this ORDER. Primary physical custody of the Child, as that term is defined in the Custody Act, shall be with Mother effective at 6:00 p.m. on Sunday, January 12, 2003. Father shall continue to have rights of supervised visitation as agreed upon between the parties. Partial physical custody is the right to take possession of a child away from the custodial parent for a certain period of time. The Paternal Grandparents shall have partial physical custody of the Child as follows: SCHEDULE OF PARTIAL CUSTODY: ALTERNATE WEEKENDS: Paternal Grandparents shall have partial custody of the Child on alternate weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m., commencing with Friday, January 24, 2003. SUMMER DEFINED: Summer is defined by the Court as beginning on the first Sunday following the last day of school until the Sunday evening, which begins the last full -3- week preceding the first day of school. NOTICE OF SUMMER VACATION: The Paternal Grandparents shall be entitled to two (2) weeks of partial custody during the summer months provided they have given at least thirty (30) days advance written notice of when they intend to exercise this right of custody. Additionally, they shall provide reasonable notice of the location at which the Child will be staying. Should any party have plans for the summer and the required notice has not been given, the party who first gives notice to the others shall take precedence and the other parties shall not schedule a period of vacation during that time. HOLIDAYS: The parties have agreed that they shall share the holidays as they shall agree from time to time. GRANDPARENT'S DAY: The parties have agreed that the Paternal Grandparents shall have custody of the Child on Grandparent's Day from 9:00 a.m. until 6:00 p.m., regardless of the regular schedule of custody. -A- REVERSION OF PRIMARY CUSTODY: Should Mother be unable to exercise primary physical custody for any reason other than periods of partial custody provided to the Paternal Grandparents, primary physical custody shall revert to the Paternal Grandparents. TRANSPORTATION: The parties have agreed to share transportation by meeting for the exchange at the Paternal Grandfather's place of employment, that being Gannett Fleming, 207 Senate Avenue, Camp Hill, Pennsylvania. At all times, the Child shall be secured in appropriate passenger restraints. No person transporting the Child shall consume alcoholic beverages prior to transport, nor be under the influence of any alcoholic beverages while transporting the Child. EXTRACURRICULAR ACTIVITIES: Each party shall provide the other with at least forty-eight (48) hours advance notice of school or other activities whenever possible. Both parties shall agree to honor and participate in the activities in which the Child wishes to engage. During the times that the parents have custody of the Child, they will make certain that the Child attends any extracurricular activities. The parties are directed to be supportive of the -S- it • 0 activities and will transport the Child 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 the 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 the 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 the 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 the 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 the Child to the particular activity, the parent who has custody of the Child at that time shall notify the non-custodial 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. -6- TELEPHONE CALLS: All parties are expected to use common sense in scheduling telephone calls to talk to the Child. All parties are hereby directed to refrain from preventing the party who may be calling from talking to the Child, or preventing the Child from calling the other parties, provided that the phone calls are not excessively frequent nor too long in duration that they disrupt the Child's schedule. DISPARAGING REMARKS: Each of the parties and any third party in the presence of the Child shall take all measures deemed advisable to foster a feeling of affection between the Child and the other party. Neither party shall do nor shall either parent permit any third person to do or say anything which may estrange the Child from the other parent, their spouse or relatives, or injure the Child's opinion of the other party or which may hamper the free and natural development of the Child's love and respect for the other parent. The parties shall not use the Child to convey verbal messages to the other parent about the custody situation or changes in the custody schedule. FINANCIAL CARE OF CHILD: In the event that a significant matter arises with respect to the -7- medical care, education, or financial care of the Child, such as a change in occupation, health insurance, educational expenses, or residence of a party, those matters shall be discussed with the other parent before any change is made by either parent. MUTUAL CONSULTATION- Each party shall confer with the other on all matters of importance relating to the Child's health, maintenance, and education with a view towards obtaining and following a harmonious policy in the Child's education and social adjustments. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the Child and visitation. Each party agrees to supply the name, address and phone numbers of any persons in whose care the Child will be for a period in excess of seventy-two (72) hours, and for each person or entity which may provide day care for the Child. ILLNESS OF CHILD: Emergency decisions regarding the Child shall be made by the parent then having custody. However, in the event of any emergency or serious illness of the Child at any time, any party then having custody of the Child shall immediately communicate with the other party by telephone or any other means -R- practical, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as practical. The term "serious illness" as used herein shall mean any disability which confines a Child to bed for a period in excess of seventy-two (72) hours and which places a Child under the direction of a licensed physician. WELFARE OF CHILD TO BE CONSIDERED: The welfare and convenience of the Child shall be the prime consideration of the parties in any application of the provisions of this Order. Both parents are directed to listen carefully and consider the wishes of the Child in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. MODIFICATION OF ORDER: The parties are free to modify the terms of this Order, but in order to do so, the Court makes it clear that all parties must be in complete agreement to any new terms. That means all parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. In the event that one or the other does not consent to a change, that does not mean each follows your own idea as to what you think the -9- • C7 arrangements should be. The reason this Court Order is set out in detail is so all parties have it to refer to and to govern your relationship with the Child and with each other in the event of a disagreement. We direct that one copy of this Order be provided to counsel for Mother and a copy of the Order to the Paternal Grandparents, Juanita and Richard Russell, at 602 South York Road, Dillsburg, Pennsyivania i 7 019. Father shall be served in care of the Perry County Prison, P.O. Box 520, New Bloomfield, Pennsylvania 17068. BY THE COURT, RICHARD K. RENN, JUDGE -10- • hit ? ??? ii ?•?- 4* fill Act.,., f 2,0 0 7, WMMONWEALTH Or PENNSYLVAI . Notarial Seal Ama L McPherson, Notary Public SLg *dncsT,. r ? My conrrirssion Expires Jam 19, Zoos ,?L 6-1 7 ZooLI Member, Pennsylvania Associatinnot-biota y, • Temporary Custody of Ariella Kunkle To whom it may concern, 8/28/07 Erinn Kunkle do by grant temporary Legal and physical custody of ArielWunkle our daughter to her father Bradley Russell and Cindy Krupilis. {r ? 7, COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL CARMELO J. CLAUDIO, Notary Public Lemoyne Boro, Cumberland County My Commission Expires Feb. 27, 2010 Pag e 1 2-qlo J ERINN H. KUNKLE, IN THE COURT OF COMMON PLEAS Plaintiff YORK COUNTY, PENNSYLVANIA V. : NO.02-SU-061963-03 JUANITA RUSSELL, RICHARD RUSSELL and BRADLEY RUSSELL, CIVIL ACTION - LAW Defendants IN CUSTODY STIPULATION OF JUANITA RUSSELL, RICHARD RUSSELL The undersigned hereby stipulates to the entry of the Order attached to the Motion for Transfer of Custody and for Transfer of Venue. We agree that physical custody of my Daughter, Afiella N. Kunkle, shall be retained by her father, Bradley Russell. We further agree that venue of this matter shall be transferred to Cumberland County. We verify that the statements made in this Stipulation are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. q a )Oql to 61- 011--2,007 Date 1:?4 I., zavu ?- (? - , Z-"-, NITA RUSSELL, RICHARD RUSSELL VERIFICATION • I, Bradley Russell , hereby verify that the facts contained in the foregoing Motion for Modification of Custody and for Transfer of Venue are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Bradley Rus I" 17 Date: / `?/?J 9 E 0 CERTIFICATE OF SERVICE Pursuant to York County Local Rule 208.3(a), I, Kimberly S. DeFalco, Legal Assistant to John W. Purcell, Jr., hereby certify that a true and correct copy of the foregoing document was served upon the parties listed below, by sending a copy of the same via first class U.S. Mail to: G Erinn H. Kunkle C? P.O. Box 112 Marysville, PA 17053 7- C) -, rn Richard F. Maffet, Esquire => ? 2201 North Second Street Harrisburg, PA 17110 Kimberly S. DeFaldW, Legal Assistant to John W. Purcell, Jr., Esquire PURCELL, KRUG & HALLER I.D. No. 29955 DATE: 1 ?( LAW OFFICES HOWARD B.KRUG 1719 NORTH FRONT STREET HERSHEY LEON P.HALLER HARRISBURG, PENNSYLVANIA 17102-2392 (717) 533-3836 JOHN W.PURCELLJR. TELEPHONE (717) 234-4178 JILL M. WINEKA FAX (717) 233-1149 JOHN W. PURCELL(1924-2009) NICHOLE M. STALEY O'GORMAN LISA A.RYNARD JOSEPH NISSLEY (1910-1982) June 9, 2009 York County Prothonotary's Office o 9 R York County Courthouse 45 N. George Street York PA 17401 " -- <0 , rorn Re: Kunkle v. Russell o< No.02-SU-061963-03 ca ' C) Dear Sir or Madam: -, Cn Enclosed for filing are an original and five (5) copies of Defendant's Motion for Transfer of Venue. Also enclosed are an original and two (2) copies of a Certification of Intention to File Motion. After filing, please return time-stamp d cop" of the same to me for service upon the Defendant and the District Court Ad ' istrator in accordance with Rule 208.2(a). I have enclosed a self-address , sta ed envelope for return of the same. Thank you for your attention in this regard. N - S ?C J JWP, JR/ksd Enclosures c: Bradley Russell Erinn H. Kunkle Richard F. Maffet, Jr., Esquire Very truly yours, r IN THE 7tT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA FAMILY DIVISION ERINN H. KUNKLE, Plaintiff VS. JUANITA RUSSELL, RICHARD RUSSELL and BRADLEY RUSSELL, Defendants APPEARANCES: For Plaintiff: No. 2002-SU-06196-03 CIVIL ACTION - LAW Action in Custody Richard Maffet, Jr., Esge For Defendants: ,.3 cr No Appearance STIPULATED ORDER FOR CUSTODY FROM CONCILIATION AND NOW, this -1 -7 _tkday of January, 2003, this Order is being entered as a result of a pre-trial Conciliation Conference held on January 9, 2003, before Maria Musti Cook. The matter is before the Court on Mother's petition for primary physical custody. The Court has been advised that Father did not participate in the conference and he is currently incarcerated in the Perry County Prison. Counsel for the Mother advises that the Sheriffs Office of York County does have a return of service to be filed indicating that service was accomplished prior to the Conciliation Conference. The parties who participated in the conference reached an agreement to resolve the issues. 022000100096 0 0 BACKGROUND OF THE CASE: This matter involves the custody of: Ariella N. Kunkle DOB: January 17, 1995 Age: 7 % There is a previous Court Order entered in the Family Court of Chemung County, New York, on October 30, 2000, which provided for joint legal custody in the Paternal Grandparents and Father and physical custody in the Paternal Grandparents. Mother was not a party to that action, which is docketed to number V1125-99. Pursuant to the agreement of the parties, the Court hereby awards joint legal custody of the Child to Mother and Father. Joint legal custody means the right of both parents to control and to share in making decisions of importance in the life of their Child, including educational, medical, and religious decisions. Both parents shall be entitled to equal access to the Child's school, medical, dental and other important records. As soon as practical after the receipt by a party, copies of the Child's school schedules, special events notifications, report cards, and similar items shall be provided to the other party. Each party shall notify the other party of any medical, dental, optical and other appointments of the Child with health care providers, sufficiently in advance thereof so that the other party can attend. Notwithstanding that both parents share legal custody, non-major 022 090 1 00096 -2- 0 0 decisions involving the Child's day-to-day living shall be made by the parent then having custody, consistent with the other provisions of this ORDER. Primary physical custody of the Child, as that term is defined in the Custody Act, shall be with Mother effective at 6:00 p.m. on Sunday, January 12, 2003. Father shall continue to have rights of supervised visitation as agreed upon between the parties. Partial physical custody is the right to take possession of a child away from the custodial parent for a certain period of time. The Paternal Grandparents shall have partial physical custody of the Child as follows: SCHEDULE OF PARTIAL CUSTODY: ALTERNATE WEEKENDS: Paternal Grandparents shall have partial custody of the Child on alternate weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m., commencing with Friday, January 24, 2003. SUMMER DEFINED: Summer is defined by the Court as beginning on the first Sunday following the last day of school until the Sun ' ?nrhich begins the last full 92090 100 6 • week preceding the first day of school. NOTICE OF SUMMER VACATION: 0 The Paternal Grandparents shall be entitled to two (2) weeks of partial custody during the summer months provided they have given at least thirty (30) days advance written notice of when they intend to exercise this right of custody. Additionally, they shall provide reasonable notice of the location at which the Child will be staying. Should any party have plans for the summer and the required notice has not been given, the party who first gives notice to the others shall take precedence and the other parties shall not schedule a period of vacation during that time. HOLIDAYS: The parties have agreed that they shall share the holidays as they shall agree from time to time. GRANDPARENT'S DAY: The parties have agreed that the Paternal Grandparents shall have custody of the Child on Grandparent's Day from 9:00 a.m. until 6:00 p.m., regardless of the regular schedule of custody. 022090 100096 -4- 0 0 REVERSION OF PRIMARY CUSTODY: Should Mother be unable to exercise primary physical custody for any reason other than periods of partial custody provided to the Paternal Grandparents, primary physical custody shall revert to the Paternal Grandparents. TRANSPORTATION: The parties have agreed to share transportation by meeting for the exchange at the Paternal Grandfather's place of employment, that being Gannett Fleming, 207 Senate Avenue, Camp Hill, Pennsylvania. At all times, the Child shall be secured in appropriate passenger restraints. No person transporting the Child shall consume alcoholic beverages prior to transport, nor be under the influence of any alcoholic beverages while transporting the Child. EXTRACURRICULAR ACTIVITIES: Each party shall provide the other with at least forty-eight (48) hours advance notice of school or other activities whenever possible. Both parties shall agree to honor and participate in the activities in which the Child wishes to engage. During the times that the parents have custody of the Child, they will make certain thal The Qh5ld attends any 022090100096 extracurricular activities. The parties are directed to be supportive of the -5- • • activities and will transport the Child 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 the 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 the 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 the 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 the 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 the Child to the particular activity, the parent who has custody of the Child at that time shall notify the non-custodial 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. 022090100096 -6- 0 0 TELEPHONE CALLS: All parties are expected to use common sense in scheduling telephone calls to talk to the Child. All parties are hereby directed to refrain from preventing the party who may be calling from talking to the Child, or preventing the Child from calling the other parties, provided that the phone calls are not excessively frequent nor too long in duration that they disrupt the Child's schedule. DISPARAGING REMARKS: Each of the parties and any third party in the presence of the Child shall take all measures deemed advisable to foster a feeling of affection between the Child and the other party. Neither party shall do nor shall either parent permit any third person to do or say anything which may estrange the Child from the other parent, their spouse or relatives, or injure the Child's opinion of the other party or which may hamper the free and natural development of the Child's love and respect for the other parent. The parties shall not use the Child to convey verbal messages to the other parent about the custody situation or changes in the custody schedule. FINANCIAL CARE OF CHILD: 022090100090 In the event that a significant matter arises with respect to the -7- medical care, education, or financial care of the Child, such as a change in occupation, health insurance, educational expenses, or residence of a party, those matters shall be discussed with the other parent before any change is made by either parent. MUTUAL CONSULTATION: Each party shall confer with the other on all matters of importance relating to the Child's health, maintenance, and education with a view towards obtaining and following a harmonious policy in the Child's education and social adjustments. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the Child and visitation. Each party agrees to supply the name, address and phone numbers of any persons in whose care the Child will be for a period in excess of seventy-two (72) hours, and for each person or entity which may provide day care for the Child. ILLNESS OF CHILD: Emergency decisions regarding the Child shall be made by the parent then having custody. However, in the event of any emergency or serious illness of the Child at any time, any party then having custody of the Child shall immediately communicate with the other party y9iellpMo6ne or any other means -9- • • practical, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as practical. The term "serious illness" as used herein shall mean any disability which confines a Child to bed for a period in excess of seventy-two (72) hours and which places a Child under the direction of a licensed physician. WELFARE OF CHILD TO BE CONSIDERED: The welfare and convenience of the Child shall be the prime consideration of the parties in any application of the provisions of this Order. Both parents are directed to listen carefully and consider the wishes of the Child in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. MODIFICATION OF ORDER: The parties are free to modify the terms of this Order, but in order to do so, the Court makes it clear that all parties must be in complete agreement to any new terms. That means all parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. In the event that one or the other does not not consent to a change, that does not mean each follows your own idea J2?1 Vju think the -9- arrangements should be. The reason this Court Order is set out in detail is so all parties have it to refer to and to govern your relationship with the Child and with each other in the event of a disagreement. We direct that one copy of this Order be provided to counsel for Mother and a copy of the Order to the Paternal Grandparents, Juanita and Richard Russell, at 602 South York Road, Dillsburg, Pennsylvania 17019. Father shall be served in care of the Perry County Prison, P.O. Box 520, New Bloomfield, Pennsylvania 17068. BY THE COURT, RICHARD K. RENN, JUDGE -10- poi Csl 17)16 lI ai,? I?f - 11,1"6160c?' /?. ??az ?sao Ila 19 2 760?' ERINN H. KUNKLE, Plaintiff VS. JUANITA RUSSELL, RICHARD RUSSELL AND BRADLEY RUSSELL, Defendants • IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA NO. 2002-SU-06196-03 CIVIL ACTION - LAW CUSTODY CONSENT TO ENTRY OF COURT ORDER We have attended the Custody Conciliation Conference and have reached an agreement as to all issues raised in this matter. We have listened to the dictation of the Report and proposed Order by the Conciliator. We agree with the content of the proposed Order and consent that it shall be submitted to the Court for entry as its Order, without the necessity for a hearing or further proceedings upon the record. Plaintiff: Defendant: Co sel for Plaintiff: Counsel for Defendant: J- 0 Lo ;v v . cat =, CO 022090100097 • COURT OF COMMON PLEAS NINETEENTH JUDICIAL DISTRICT YORK COUNTY, PENNSYLVANIA CHAMBERS OF RICHARD K. RENN JUDGE January 16, 2003 Juanita and Richard Russell 602 South York Road Dillsburg, PA 17019 • COURT HOUSE YORK, PENNSYLVANIA 17401 G.J cn . Re: Erinn H. Kunkle vs. Juanita Russell, Richard Russell and Bradley Russell No. 2002-SU-06196-03 Dear Mr. & Mrs. Russell: Enclosed is a copy of a Stipulated Order for Custody From Conciliation which was recently issued in this case. You should give this matter your prompt attention. If you have any questions concerning anything contained in the document, I suggest that you contact an attorney as soon as possible. Sincerely, Richard K. Renn, Judge RKR/gs Enclosure cc: 4rothonotary Richard Maffet, Jr., Esquire • CHAMBERS OF RICHARD K. RENN JUDGE • COURT HOUSE YORK, PENNSYLVANIA 17401 C? - W - C_ January 16, 2003 v Bradley Russell Perry County Prison -' P. O. BOX 520 New Bloomfield, PA 17068 Re: Erinn H. Kunkle vs. Juanita Russell, Richard Russell and Bradley Russell No. 2002-SU-06196-03 Dear Mr. Russell: Enclosed is a copy of a Stipulated Order for Custody From Conciliation which was recently issued in this case. You should give this matter your prompt attention. If you have any questions concerning anything contained in the document, I suggest that you contact an attorney as soon as possible. Sincer,9y. -. Richard K. Renn, Judge RKR/gs COURT OF COMMON PLEAS NINETEENTH JUDICIAL DISTRICT YORK COUNTY, PENNSYLVANIA Enclosure cc: Prothonotary Richard Maffet, Jr., Esquire COUNTY OF YORK OFFSE OF THE SHER F " 28 EAST MARKET ST., YORK, PA 17401 SERVICE CALL (717) 771-9601 SHERIFF SERVICE INSTRUCTIONS_ PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINE 1 THRU 12 DO NOT DETACH ANY COPIES 1. PLAINTIFF/S/ Erinn H. Kunkle 3. DEFENDANT/S/ Juanita Russell, Richard Russell and Bradley Russell 2. COURT NUMBER 4. TYPE OF WRIT OR COMPLAINT sComplaint For SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD. Bradley Russell Personal 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT. NO., CITY, BORO, TWP., STATE AND ZIP CODE) AT Perry County Prison, S. Carlisle Street, New Bloomfield, PA 7. INDICATE SERVICE: ? PERSONAL 0 PERSON IN CHARGE 0 DEPUTIZE C] CERT. MAIL U 1 ST CLASS MAIL CIPOSTED 0 OTHER NOW 12-30-02 20 I, SHERIFF OF YORK COUN , do hereby, 1,Putize the sheriff of tarry COUNTY to execute this,. It > d ?Iia lse r c according to law. This deputization being made at the request and risk of the plaintiff. SHERIFF F YORK COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Please serve Immed Hearing 1-9-nom NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person. of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS o TTORNEY / ORIGINATOR and SIGNA 10. TELEPHONE NUMBER 11. DATE FILED Richard F. Maftett, Jr., Esquire, 1? 2201 N. 2nd Street, Harrisburg, PA 17110 j 717-233-4160 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW. ( is rea 66st be completed if notice is to be mailed). William M Hose Yrk Co. Sheriff 28 E Market St York PA 17401 SPACE BELOW FOR USE OF THE SHERIFF - DO NOT WRITE BELOW' THIS LINE 13. 1 acknowledge receipt of the writ A.t LO 14. DATE RECEIVED 15. Expiration/Hearing Date or complaint as indicated above. 1G.I 12-27-02 pqq6xMl-9-03 16. HOW SERVED: PERSONAL ()t R ENCE ( ) POSTED ( ) POE( ) SHERIFF'S OFFICE( ) OTHER ( ) SEE REMARKS BELOW 17. O 1 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 18. NAME AND TITLE OF INDIVIDUALS RVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Date of Service 20. Time of Service 6(a( el I`a-v3 3: 21. ATTEMPTS rD Time Mil Int. Date Time Miles Int. Date Time Miles Int. Date Time Miles Int. DInt. Date Time iles Int. 13', CD I 14 - sa - - 22. REMARI?5: C7 Lc1 d. 008090 040421 C.. Ad ce Cos*-',, 4)S ice Costs 25. N/F 26. Mileage 27. Po tae 28. Sub To 29. Pound 30. Notary 31. ? hg. 32. Tot. Costs 33. Costs Due o of heck No. $75.00 u c IS po / r-- Fyn Off', e . / t C;? 34. Foreign CountWCosts 35. Advance Costs 36. Service Costs 37. Notary Cert. 38. Mileage/Postage/Not Found 39. Total Costs 40. Costs Due or Refund 20.00 o-b 00- ub 41. AFFIRMED and subscribed to before me this ?n S ANSWERS 44. Signature of 45. PATE 1A 11 f A- 42. day o A ,20 03 43. Dep. Sheriff " ?oZ -0 46. Signature York 47. DATE -Y?? OTHY ?.. County Sheriff /- MARGARET NOTARIAL SEAL ! 0 v F. FLICKINGER, NOTARY PUB 48. Signature of :reign 49. DATE BLOOMFIELDBORO.,PERRY COUNTY County sheriff ?-a -?_i) InIA 50. I AC TURN SIGNATURE 51. DATE RE'PEIVED OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE- Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE -Sheriffs Office LL. cm ts.. to > a_ ? ? . wax c-> O tC w LLJ cr v >- _ ? LL LL o t? 12 0 '1 ..,nq OAK 0 0 IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA ....................................................................................................... ERINN H. KUNKLE, Plaintiff V JUANITA RUSSELL, RICHARD RUSSELL and BRADLEY RUSSELL, Defendants ......................................................................................................: NO. C)a-SU - -0J CIVIL ACTION - LAW CUSTODY DIRECTIVE Conciliator previously appointed: None You, JUANITA RUSSELL, RICHARD RUSSELL and BRADLEY RUSSELL, Defendant(s), have been sued in Court to obtain custody of the child: ARIELLA N. KUNKLE It is hereby Ordered and Directed: 1 •pMC? ?N? ?aRl, Esquire, is hereby assigned to conduct a Conciliation Conference. 2. A Conciliation Conference will be held before the assigned Conciliator on the day of 2002, at `1 •. m., in the Conference Room, Basement, Gove i- rent Center, co r of Market and Beaver Streets, York, Pennsylvania. The anticipated length of the Conciliation Conference is one hour. r?+ 3. The parties shall appear in person at the Conciliation Conference and shall bring with them all CHILDREN AGE SEVEN (7) OR OLDER. 4. At the Conciliation Conference, an effort will be made to see if the custody and/or visitation situation can be resolved by an agreement between the parties; or if an agreement cannot be reached, to define and narrow the issues and to otherwise reduce the time required for hearing by the Court, then the Conciliator will prepare a Conference Summary Report for further action by the Court pending a hearing to be scheduled at a later date before Judge Penny L. Blackwell, without prejudice to the rights of the parties at such hearing, which all parties and the children shall be ordered to attend. 5. You have the right to be represented by an attorney who may attend the Conciliation Conference with you. If for some reason an attorney has not been secured by the time of the Conciliation Conference, you shall personally appear at the time scheduled for the Conciliation Conference without an attorney. 6. If Children's Services is conducting , their representation shall be subpoenaed by the appropriate attorney to atten t "eoAci cation Conference. It shall be the responsibility of the attorney subpoenaing the representative to obtain a Court Order or releases from the parties prior to the release of information by the representatives. • • 7. If you fail to appear as provided by this Order or to bring the children, an Order for custody, partial custody or visitation may be entered against you, or the Court may issue a warrant for your arrest. 8. The parties and their counsel, if applicable, are hereby directed to engage in meaningful negotiations to resolve this matter prior to the Conciliation Conference. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. AMERICANS WITH DISABILITIES ACT OF 1990 THE COURT OF COMMON PLEAS OF YORK COUNTY IS REQUIRED BY LAW TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT OF 1990. FOR INFORMATION ABOUT ACCESSIBLE FACILITIES AND REASONABLE ACCOMMODATIONS AVAILABLE TO DISABLED INDIVIDUALS HAVING BUSINESS BEFORE THE COURT, PLEASE CONTACT THE COUNTY AT (717) 771-9099. FOR THOSE WITH A HEARING IMPAIRMENT, PLEASE CONTACT THE DEAF CENTER AT (717) 848-2585 EXT 329. OR EXT. 242 TDD. 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. FP2 THE COURT: J. BERT CHUK DISTRICT COURT ADMINISTRATOR Lawyer Referral Service York Legal Referral 137 East Market Street York, Pennsylvania 17401 Telephone No. (717) 854-8755 BY TH COU RT, JUDGJ51 U 9 t JUDGE • • RICHARD F. MAFFETT, JR., ESQUIRE ID #35539 2201 North Second Street Harrisburg PA 17110 717-233-4160 Attorney for Plaintiff ERINN H. KUNKLE, IN THE COURT OF COMMON PLEAS Plaintiff ;YORK COUNTY, PENNSYLVANIA V NO. JUANITA RUSSELL, RICHARD CIVIL ACTION - LAW RUSSELL and BRADLEY RUSSELL, CUSTODY Defendants ......................................................................................................: CUSTODY COMPLAINT C_1 h 1, The Plaintiff is Erinn H. Kunkle, an adult individual, residing at R.D. 1, Potato Valley Road, Harrisburg, Dauphin County, PA, 17112. 2. The Defendants, Juanita and Richard Russell, are adult individuals, residing at 602 South York Road, Dillsburg, York County, PA, 17019. 3. Defendant Bradley Russell, is an adult individual with a last known address of 60,2 South York Road, Dillsburg, York County, PA. 17019. 4. Plaintiff seeks primary physical custody of her minor child, ARIELLA N. KUNKLE, age seven (7), having a date of birth of January 17, 1995. 5. Said child was born out of wedlock. 6. Said child is presently in the custody of her paternal grandparents, Defendants Juanit'??6and Richard Russell, at 602 South York Road, Dillsburg, York County, PA. 17019. 7. Since birth, said child has resided with the following persons at the following addresses: Names Addresses Dates Erinn H. Kunkle 13310 Blymire Hollow Road 01/17/95-09/97 Stewartstown, PA 17363 Minette Gladfelter 13310 Blymire Hollow Road 09/97-08/98 Stewartstown, PA 17363 Bradley Russell Elmira, NY 8/98 New York State Foster Care System Juanita & Richard Russell Elmira, NY 602 South York Street Dillsburg, PA 17019 1998-1999 1999-Present 8. Plaintiff is the mother of said child. Plaintiff is single and resides with Michael D. Vishnesky, an adult individual and her daughter, Elizabeth Minnette Courtney Baacke, age thirteen (13). 9. The father of said child is Defendant Bradley Russell. He is single. 10. Plaintiff and Defendant never married. 11. The Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning custody of the aforesaid minor child in this Court, or any other Court except that an Order was entered on October 30, 2000, by the Chermung County Family Court for the State of New York, indexed at No. V-1125-99, as a re,odependency action 361092, 060206 2 against Defendant Bradley Russell, captioned Richard & Juanita Russell v Bradley Russell & Chemung County Department of Social Services, which awarded physical custody of the aforesaid child to Richard Russell and Juanita Russell, Defendants herein, subject to periods of supervised visitation in Bradley Russell, Defendant herein. 12. The aforesaid Order stated that future custody and/or visitation actions should be brought before the appropriate jurisdiction in the Commonwealth of Pennsylvania. 13. Plaintiff has no information of any other custody proceeding concerning said child pending in a Court of this Commonwealth, or in any other Court. 14. Plaintiff does not know of a person not a party to the proceedings who has physical custody of said child or claims to have custody or visitation rights with respect to said child. 15. Each parent of said child and that person who has physical custody of said child has been named as parties to this action. 16. The best interest and permanent welfare of the child will be.served by granting the relief requested because Plaintiff is better able to provide for the physical, emotional, and psychological needs of said child and provide her with a stable home environment. 36109060206 3 WHEREFORE, Plaintiff, ERINN H. KUNKLE, requests this Court to enter an order awarding her primary physical and legal custody of said child. Respectfully submitted, Richard F. Maffett;/3r., 'Esq. 2201 North Second Street Harrisburg, PA 17110 (717) 233-4160 Attorney for Plaintiff, Erinn H. Kunkle 4 VERIFICATION I, ERINN H. KUNKLE, verify that the statements made in the foregoing Custody Complaint are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to aut Dated: ?- ?/ - d.'2- 11 ZzItz- -? ERINN ties. • i RICHARD F. MAFFETT, JR. A T T O RN E Y - A T - L A W December 23, 2002 Office of the Prothonotary York County Court House 28 East Market Street York, PA 17401 Re: Erinn H. Kunkle v Juanita Russell, Richard Russell and Bradley Russell Custody Dear Sir or Madam: 09-5u- Cry ,1 RC,Q_ ?f Enclosed please find a Custody Complaint (with Directive) for filing in the above-captioned matter. I have enclosed an original and seven copies of the Complaint and a check in the amount of $217.00 for the filing fee. Please submit this Complaint to the Court Administrator for assignment to a Conciliator who will schedule a hearing. Defendant Bradley Russell should be served by the York County ft, Sheriff's Office. Please forward one copy of the Complaint and signed Directive along with the Sheriff's service fee checks, and Sheriff's instructions to the Sheriff's office. , The remaining copies of the Complaint and Directive should be t E;? returned to me for service upon the other Defendants. I have enclosed a c self-addressed, stamped envelope for your use. Should you have any questions or require additional information, please contact me. Thank you for your assistance in this matter. With best regards, i IL-A4 J Richard F. Maff tt, Jr?/ RFM/cs Enclosures cc: Erinn Kunkle 2201 NORTH SECOND STREET • HARRISBURG, PENNSYLVANIA 17110 PHONE 717.233.4160 • FAX 717.233.2342 OF THE PR?J i i 'c "I lul +- l ?? `//?S sty 41? a 30 0 If i i ERINN H. KUNKLE, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. BRADLEY RUSSELL, DEFENDANT 09-6258 CIVIL TERM ORDER OF COURT AND NOW, this day of April, 2012, upon consideration of Plaintiff's Petition for Emergency Custody Relief pursuant to Pa.R.C.P. 1915.13, primary physical custody of the subject minor child, Ariella N. Kunkle, born January 17,1995, is hereby awarded to Plaintiff pending the conciliation conference scheduled on Plaintiff's petition for modification and/or further order of court. By the Court, " Ar4dlel truss ?r Albert H. Maslan , J. ? Kristin R. Reinhold, Esquire For Plaintiff John Purcell, Jr., Esquire For Defendant 7 saa gip; c'.5u.f.1??/ ERINN H. KUNKLE IN THE COURT OF COMMON PLEAS OF.... PLAINTIFF CUMBERLAND COUNTY, PENNSYLVA? c, -- r.nw tn -v M 2009-6258 CIVIL ACTION LAW -<' cn ¢ , r-;r .j, BRADLEY RUSSELL ?o s IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, April 24, 2012 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, May 17, 2012 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Hubert X. Gilroy, Esq. 11 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 "(,.p e,wv "Ce /I, Tr Al, iCo?Y fWA`?`?n Af Pl?°?rs ?(e- plRte 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 yIA-15-z At John W. Purcell, Jr., Esquire ID #29955 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 jpurcell@pkh.com '` r•,.. X'JMBI LAND COATY PENNSYLVANIA ERINN H. KUNKLE, Petitioner/Plaintiff VS. BRADLEY RUSSELL, Respondent/Defendant TO: Erinn H. Kunkle, Plaintiff And Kristin R. Reinhold, Esquire IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-6258 CIVIL ACTION-LAW IN CUSTODY NOTICE TO PLEAD You are hereby notified to plead to the enclosed New Matter within Twenty (20) days from service hereof, or a default judgment may be entered against you. P B 0"n W. Purcell, Jr. 1719 North Front Street Harrisburg, PA 17102 _ (717) 234-4178 Date: / I.D. #29955 ERINN H. KUNKLE, Petitioner/Plaintiff VS. BRADLEY RUSSELL, Respondent/Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-6258 CIVIL ACTION-LAW IN CUSTODY DEFENDANT'S RESPONSE TO PETITION FOR EMERGENCY CUSTODY RELIEF PURSUANT TO PA. R.C.P. 1915.13 AND NOW comes Bradley Russell, the Defendant, through his attorneys. Purcell, Krug & Haller, who respectfully responds to the Petition for Emergency Custody Relief, as follows: 1. Admitted, although Plaintiff has been using this excuse for not disclosing her address for a number of years. She won't even tell the father of her child where she lives. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. The Custody Order speaks for itself. 6. Denied. The Custody Order speaks for itself. 7. Denied, as specifically set forth herein. a. Denied. To the contrary, April 8, 2012 was Easter, and their daughter, Ariella, was with her mother from Friday through Sunday evening. On Sunday evening she then went to a girlfriend's house to sleep overnight as she did not have school the next day. The allegations regarding screaming and fighting and calling names are specifically and categorically denied. With regard to the allegations as to what the child told her mother, or her psychiatrist, these are beyond the knowledge of the Defendant who after reasonable investigation is without knowledge or information sufficient to form a belief as to the truth of those averments and strict proof thereof is demanded at trial. In further reply, Defendant has visited and spoken with his daughter a number of times since the stay in the hospital, both during and after, and at no time has her daughter or the doctor indicated that she wanted to kill herself. Apparently, she is suffering from depression and has been placed on anti- depression medication. b. Denied. Father's girlfriend, Cindy Krupilis, does not drink. Father occasionally might drink a beer. The allegations set forth in this paragraph are a combination of complete fabrication and something that happened more than three years ago, prior to the entry of the current Order of Court, that did not involve a knife or remotely resemble the allegation. c. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment and strict proof thereof is demanded at trial. d. Denied. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment and strict proof thereof is demanded at trial. In further reply, Cintry Krupilis denies that it ever occurred, while their daughter claims that it did occur more than three years ago prior to the entry of the current Order of Court. e. Denied. Silver Spring Police have not been to the father's home at least seven times. To the contrary, the Police have probably visited the home no more than twice in the last five years, all prior to the entry of the current Order of Court. f. Denied as stated. Defendant was extremely upset, and subsequently relieved, by the disappearance of his daughter for over a day and a half, and told her that she cost him a days work as a result of her inability, and that of her mother, to notify her own father where she was. g. Denied. This is absolutely denied. Ariella is a lovely athletic girl, and these type of comments are a complete fabrication on the part of her mother. 8. Admitted that the child attends Cumberland Valley High School, and is in her junior year there. She is good student with a good grade point average and is involved in many activities, and is thriving there. Defendant does not feel it would be a good idea for the child to move to a different school district, even if for only the last year of her school. In discussions with his daughter, she has indicated the desire to graduate from Cumberland Valley. 9. Denied for the reasons set forth above. 10. Denied. No further response required. NEW MATTER 11. The factual allegations and responses set forth in paragraphs 1 through 10 above are hereby incorporated by referenced as if set forth at length. 12. On April 12, 2012, the father received a phone call from the Cumberland Valley School District, and in particular Officer Snyder the Silver Spring Police, who informed him that there were allegations presented at school that his daughter was involved in texting or emailing or transmitting pictures of herself undressed. 13. After school that day, father spoke with Ariella about this, who denied it, claiming that it was not her, that it was someone else, which father believed. Father and his girlfriend, Cindy Krupilis then went to a previously scheduled bowling game, leaving instructions for his daughter to do some chores and her homework. 14. Upon arrival home, they discovered that she was not home, and had left no note or indication as to where she had gone. 15. She was missing for a day and a half and despite calls to her phone and text messages, and calls to her mother, all of which went unreturned, father did not learn that she had been at the Holy Spirit Hospital until the following day, when he received a phone call indicating the same, and that she was going to be transferred to Pinnacle Health Mental Health. 16. Since that day, father has visited his daughter, who was recently released, and is currently residing with her mother. 17. Her mother has had no objection to father visiting with his daughter, unsupervised, and his daughter has tended to minimize the entire matter. 18. The child is 17 years of age, in her junior year of high school, and is thriving at the Cumberland Valley School District, involved in activities including cheerleading, and has indicated to her father that she desires to continue to attend Cumberland Valley High School until she graduates. 19. Father does not feel that it is in the child's best interest to be transferred in her last year of school to Central Dauphin School District, where her attendance will not be monitored adequately by her mother. 20. Given her age, father does not have any concern whether she is living with him, or her mother, provided that she can continue to attend high school at her current school and graduate. 21. At nt time did her mother contact father to discuss any of the matters set forth in her Emergency Petition, or in her Petition for Modification, choosing instead to work surreptitiously and secretly behind his back. 22. The father does not believe that mother is the best influence for his daughter's minor years, nor does she make the best judgments concerning her children. WHEREFORE, the Defendant requests this Honorable Court to deny the Petition for Emergency Relief, to allow his daughter to reside wherever she chooses to reside, but to continue to attend through graduation of high school in the Cumberland Valley School District. PURCELL, KRUG & HALLER Harrisburg, PA 17102 (717) 234-4178 DATE: Attorney for Defendant By: urcell, Jr., Esc I D # 955 19 North Front Street VERIFICATION I verify. that the statements made in the foregoing Defendant's Response to Petition for Emergency Custody Relief are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. Date: April 24 2012 ,b Bradley Russell CERTIFICATE OF SERVICE I, Carol A. Masich, Legal Assistant to John W. Purcell, hereby certify that a true and correct copy of the foregoing document was served upon the Plaintiffs, by sending a copy of the same via first class U.S. Mail to: Kristin R. Reinhold, Esquire 5922 Linglestown Road Harrisburg, PA 17112 ??? v 4 lR/i? M%V \o Carol A. Masich, Legal Assistant to John W. Purcell Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: April 24, 2012 ERINN H. KUNKLE, Plaintiff v BRADLEY RUSSELL, Defendant PRIOR JUDGE: Albert H. Masland IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 2009-6258 CIVIL ACTION -LAW : IN CUSTODY COURT ORDER AND NOW, this day of June, 2012, upon consideration of the attached Custody Conciliation Report, it is ordered that all prior custody orders in this case are vacated and replaced with the following order: The mother, Erinn H. Kunkle, and the father, Bradley Russell, shall enjoy shared legal custody of Ariella N. Kunkle, born January 17, 1995. 2. The mother shall enjoy primary physical custody of the minor child. 3. The father shall enjoy periods of partial physical custody of the minor child at such times and under such circumstances as agreed upon by the parties. 4. In the event either party desires to modify this order in the future, that party may petition the court to have the case again scheduled with the Custody Conciliator for a Conference. No party shall be permitted to relocate the residence of the child where said relocation will significantly impair the ability to exercise custody unless every individual who has custodial rights to the child consents to the proposed relocation or the court approves the proposed relocation. Any party proposing to relocate MUST comply with 23 Pa. C.S. § 5337. BY THE COURT, Albert H. Masland, e wa cc: ? Kristin Reinhold, Esquire _-7 , ? John Purcell, Jr., Esquire == -= led es w ERINN H. KUNKLE, Plaintiff v BRADLEY RUSSELL, Defendant PRIOR JUDGE: Albert H. Masland IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2009-6258 CIVIL ACTION -LAW : IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Ariella N. Kunkle, born January 17, 1995. 2. A Conciliation Conference was held on June 13, 2012, with the following individuals in attendance: The mother, Erinn H. Kunkle, with her counsel, Kristin Reinhold, Esquire, and the father, Bradley Russell, with his counsel, John Purcell, Jr., Esquire. 3. Mother has filed a petition for special relief and Judge Masland issued an order on April 23, 2011, giving mother custody pending the conciliation conference. At the conciliation conference, it was agreed that the child would go with the father the following Saturday to see how things worked out, after which, legal counsel for the parties would conduct a telephone conference with the Conciliator. The Conciliator conducted the telephone conference with the attorneys on June 13, 2012, and the parties are in agreement with the entry of an Order in the form as attached.. 1 Date: June 2012 , Hubert X. Gilroy, Custody Concili? W LO N 00 2 N O N