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HomeMy WebLinkAbout10-0666Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff non .si v _ F ...i [ ;. ^ V JOHN NESS, V. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010- W06 CIVIL ACTION - LAW SABRINA McKEAN, Defendant IN CUSTODY PLAINTIFF'S COMPLAINT FOR CUSTODY 1. Plaintiff is John Ness, an adult individual currently residing at 207 Cockley's Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is Sabrina McKean, an adult individual currently residing at 706 Midland Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff seeks custody of the child, Matthew McKean, who was born on July 11, 2008. 4. The child was born out of wedlock. 5. Since the child's birth, the child has resided with the following persons at the following addresses for the following periods of time: DATES LOCATION PERSON Birth to present 706 Midland Road, Mechanicsburg, PA Defendant and variety of family members Birth to 2009 31 Westwood Court, Enola, PA 2009 to present 207 Cockley's Drive, Mechanicsburg Plaintiff and Plaintiff's fiancee Plaintiff and Plaintiffs wife 179. 011 "'t ..A 6. The relationship of the Plaintiff to the child is that of father. He is harried and living separately. The Plaintiff currently resides with the following: Name Relationship Meghan Ness Wife 7. The relationship of the Defendant to the child is that of mother. She is single and living separately. The Defendant currently resides with the following: Name Relationship Matthew McKean Son Joseph Beltrante, V Son Pam Mother Name Not Known Stepfather Name Not Known Brother Kelly Sister Name Not Known Kelly's child Name Not Known Kelly's child Name Not Known Kelly's child 8. The parties have not participated in previous litigation concerning the custody of the child in this court or any court. 9. The Plaintiff has no information of a custody proceeding concerning the child pending in any other court. 10. The best interest and permanent welfare of the child will be served by granting primary or shared custody to Plaintiff. 11. The status quo for over six months has been that Plaintiff has custody of his son every weekend from Friday through Sunday evening, and every Wednesday through Sunday in the summer. 12. Plaintiff does not know of any person not a party to these proceedings who claims to have custody or visitation rights with respect to the child. 13. Plaintiff requests that a conciliation be expedited as Defendant has stated that she is getting married to man enlisted in the Navy and his shore leave will soon be up and he would be leaving the area. WHEREFORE, Plaintiff requests your Honorable Court to set a time and place for an expedited conciliation conference at which time Plaintiff requests the Court to grant Plaintiff the Custody Order. Pending said hearing, Plaintiff requests shared or primary custody. MARTSON LAW OFFICES By Je fer . Spears, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: January26, 2010 Attorneys for Plaintiff VERIFICATION The foregoing Complaint for Custody is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the Complaint and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Jo Ness JOHN NESS . IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. SABRINA MCKEAN DEFENDANT 2010-666 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, January 29, 2010 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, March 04, 2010 at 9:30 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/ Jacqueline M. Verney, Esq. ,,e 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 7r - ,tr MAR 0 5 2010 JOHN NESS, Plaintiff V. SABRINA MCKEAN, Defendant IN THE COURT OF COMMON PLEAS OFr,~, CUMBERLAND COUNTY, PENNSYI~AIV~ =~; . -~ `~ ~ 2010-666 CIVIL ACTION ~'~AW ~ N0 =~ -r, `~" ~ . ,,.~.. ~ _ , -mod =, } 1 . ~.p i7 ~L, ~. '-= ; ~ --?, - IN CUSTODY ,~F ~ ~ rn W~ c da ~ -~ r.> -~ ORDER OF COURT AND NOW, this day of ~ L C , 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, John Ness and the Mother, Sabrina McKean, shall have shared legal custody of Matthew McKean, born July 11, 2008. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Mother shall have primary physical custody of the child. 3. Father shall have the following periods of partial physical custody. Every weekend from Friday, when Father will pick him up at daycare to Monday, when Father will drop him off at daycare. 4. Father shall be responsible for all transportation 7. Neither party may relocate to the extent that it would affect the custody arrangement without prior agreement of the parties or Order of Court. 8. 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, J. c~ fifer L. Spears, Esquire, Counsel for Father ~elanie Erb, Esquire, Counsel for Mother JOHN NESS, Plaintiff V. SABRINA MCKEAN, Defendant PRIOR JUDGE: None IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2010-666 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 Matthew McKean July 11, 2008 Mother 2. A Conciliation Conference was held in this matter on March 4, 2010, with the following in attendance: The Father, John Ness, with his counsel, Jennifer L. Spears, Esquire, and the Mother, Sabrina McKean, with her counsel, Melanie Erb, Esquire. 3. The parties agreed to an Order in the form as attached. Date: ~ ~" `~ `'l o Jac eline M. Verney, Esquire Custody Conciliator Jennifer L. Spears, Esquire "~'= T ~-"-` - r •.~-, MARTSON DEARDORFF WI LIAMS OTTO GILROY & FALLER ~~ '~ MARTSON LAW OFFICES ZO ~ ~ E~ ~-~~ + I ~ : 1 ~ • ,; I.D. 87445 o'tOl0 f~(~-- l ( I~ 10 East High Street CUs"_ _ ;, J ; .}, Carlisle, PA 17013 ! ~ '`'~ :,,., (717) 243-3341 Attorneys for Plaintiff JOHN NESS, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitionbr CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2010-666 CIVIL ACTION -LAW SABRINA GEVAERT, f/k/a SABRINA McKEAN, Defendant IN CUSTODY 1. Petitioner ("Fati~er") is John Ness, an adult individual currently residing at 207 Cockley's Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. Respondent ("Mother") is Sabrina Gevaert, who is currently admitted at Roxbury Treatment Center in Shippensb~rg, Pennsylvania, and whose last known address is 782 Winding Lane, Harrisburg, Dauphin Cou$~ty, Pennsylvania. 3. The parties are tl~e parents of one child: Matthew McKean, age 2, who was born on July 11, 2008. 4. Mother's husband, Douglas Gevaert, contacted Father on Tuesday, August 3, 2010, asking if Father could keep the child because Mother was "going into the hospital for back surgery." 5. On August 9, 20 ~ 0, Father received a call from Mr. Gevaert that Mother was still in the hospital and could not have jvisitors as Father had offered to take Matthew to visit Mother. 6. Father grew suspicious and learned that Mother was not in the hospital for back surgery, but instead was in Roxbury Treatment Center because she was suicidal and homicidal, and that she had threatened to kill 7. Father is day care. children and husband and herself. that if Mother leaves Roxbury, she would remove Matthew from 7a -oo Pd ~ any aa~ ~ ~ a~~G3v 8. Father believes other may not be able to return to her former home and that her husband is divorcing her. Ther fore, Mother may not have a home or vehicle to use when she is released. 9. Father is concerned for the safety of the child in Mother's care and requests that Mother have no visitation with the child until she is deemed stable and safe, and that any contact with Mother be supervised indelfinitely. 10. Judge Oler signed the current Custody Order dated March 7, 2010, a copy of which is attached hereto as Exhibit "~." The Order grants Father custody every weekend from Friday to Monday. 11. Jacqueline Verney, Esquire, has been appointed the Conciliator in this matter. 12. Mother's counset, Melanie Erb, Esquire, who is the attorney of record for Mother and attended the last custody conciliation, has been contacted regarding the filing of this Petition; however, Attorney Erb is unsure if she will be able to contact Mother or continue her representation at this time. Father intends to a}tempt direct service on Mother with permission of Attorney Erb. WHEREFORE, Plaintif~requests your Honorable Court to grant him primary physical and legal custody of the child and a~low only supervised visitation with Mother pending further Order of Court. MARTSON LAW OFFICES By Jennif L. pears, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: August 11, 2010 Attorneys for Plaintiff ._.. I . ~l MAR 0~5.~UtU JOHN NESS, Plaintiff! V. SABRINA MCKEAN, Defenda~t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2010-666 CIVIL ACTION -LAW IN CUSTODY ORDER OF COURT AND NOW, this ~' 1 day of 2010, upon consideration of the a ed Custody Conclia on Report, it is ordered and directed as follows: 1. The Fathe: legal custody of Matthew right, to be exercised join decisions affecting the Cl decisions regarding his h. Pa.C.S. §5309, each pare: the child including, but n~ residence address of the c possession of any such re same, or copies thereof, records and information c entitled to full participati~ and evaluations with rega complete information frog reports given to them as 1 certificates, school or edu parent shall be entitled to regard to school pictures, presentations, back-to-scl 2. Mother 3. Father weekend from Friday, will drop him off at d~ ,John Ness and the Mother, Sabrina McKean, shall have shared McKean, born July 11, 2008. Each parent shall have an equal ay with the other parent, to make all major non-emergency ild's general well-being including, but not limited to, all alth, education and religion. Pursuant to the terms of 23 it shall be entitled to all records and information pertaining to it limited to medical, dental, religious or school records, the hild and the other parent. To the extent one parent has ;ords or information, that parent shall be required to share the 7th the other parent within such reasonable time as to make the f reasonable use to the other parent. Both parents shall be n in all educational and medicaVtreatment planning meetings d to the minor child. Each parent shall be entitled to full and ariy physician, dentist, teacher or authority and copies of any nts including, but not limited to: medical records, birth ational attendance records or report cards. Additionally, each ceive copies of any notices which come from school with xtracurricular activities, children's parties, musical of nights, and the like. have primary physical custody of the child. have the following periods of partial physical custody. Every a Father will pick him up at daycare to Monday, when Father EXHIBIT "A" 4. Father shill be responsible for all transportation 7. Neither p may relocate to the extent that it would affect the custody arrangement without pri r agreement of the parties or Order of Court. 8. This Orde~ 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 df mutual consent, the terms of this Order shall control. BY THE COURT, S J. cc: Jennifer L. Spears, Es ,Counsel for Father Melanie Erb, Esquire, ~ounsel for Mother ~I i ?RUt.Cl~lK!!~l1w RI~C4RD b A I ltl~ WNO tit ~ll~ 1~ MM! if~~~d~ , C~M~M' ~: ;, it JOHN NESS, Plaintiff V. I SABRINA MCKEAN, Defendan~ IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA N0.2010-b66 CIVIL ACTION -LAW IN CUSTODY PRIOR JUDGE: None `, CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDAN , E WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8~the undersigned Custody Conciliator submits the following report: i 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 '. Matthew McKean ~ July 11, 2008 Mother 2. A Conciliati n Conference was held in this matter on March 4, 2010, with the following in attendance The Father, Sohn Ness, with his counsel, Jennifer L. Spears, Esquire, aad the Mother, S Tina McKean, with her counsel, Melanie Erb, Esquire. 3. The parties agreed to an Order in the form as attached. i /~l Date: ~ " cf ``/ a ~ , ac line M. Verney, Esquire Custody Conciliator VERI ICA,LTION The foregoing Petition which has been gathered by document is that of counsel document is based upon best of my knowledge, inform of counsel, I have relied upon This statement and ver relating to unsworn averments, I may be subject to -r Special Relief (Emergency Custody) is based upon information counsel in the preparation of the lawsuit. The language of the not my own. I have read the Complaint and to the extent that the lion which I have given to my counsel, it is true and correct to the ~n and belief. To the extent that the content of the document is that in making this verification. ~tion are made subject to the penalties of 18 Pa. C.S. Section 4904 to authorities, which provides that if I make knowingly false penalties. John N CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, authorized agent for Martson Deazdorff Williams Otto Gilroy & Faller, hereby certify that a cop of the' foregoing Petition for Special Relief (Emergency Custody) was served this date by prepaid, addressed as follows: same in the Post Office at Cazlisle, PA, first class mail, postage Melanie L. Erb, Esquire 2132 Mazket Street Camp Hill, PA 17011 VIA SIiERIFF SERVICE Ms. Sabrina Gevaert Roxbury Treatment Center 601 Roxbury Road Shippensburg, PA 17257 MARTSON LAW OFFICES By Tncia . Ec oad Ten East High Street Cazlisle, PA 17013 (717) 243-3341 Dated: August 11, 2010 I JOHN NESS, Plaintiff V. SABRINA GEVAERT, f/k/a, SABRINA McKEAN, Defendant ORDER OF COURT AND NOW, this 13`l' day of August, 2010, upon consideration of Plaintiff's Petition for Special Relief (Emergency Custody), this matter is referred to the custody conciliation process pursuant to C.C.R.P. 1915.12-1 for an expedited conciliation conference, and the Court Administrator is requested to facilitate this re&rral. PLAINTIFF John Ness is hereby granted physical custody of Matthew McKean (D.O.B. July 11, 2008), in the interim. Jennifer L. Spears, Esq. 10 East High Street Carlisle, PA 17013 Attorney for Plaintiff Melanie L. Erb, Esq. 2132 Market Street Camp Hill, PA 17011 Attorney for Defendant BY THE COURT, J Ms. Sabrina Gavaert Roxbury Treatment Center 601 Roxbury Road Shippensburg, PA 17257 Defendant Court Administrator-/U4'd COp;es M4,11e4 8--'- /' ? •/3-/a 2u : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-0666 CIVIL TERM IN RE: PLAINTIFF'S PETITION FOR SPECIAL RELIEF (EMERGENCY CUSTODY) ?o. JOHN NESS PLAINTIFF V. SABRINA GEVAERT F/K/A SABRINA MCKEAN DEFENDANT . IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA • 2010-666 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Monday, August 16, 2010 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, September 01, 2010 at 9:30 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/ ac ueac M. Verne ES -T. -I IZ 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 NO'S HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICIF-§ET` -- FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. _ O ?„ \ Cumberland County Bar Association ?? 32 South Bedford Street ... _65 arlisle, Pennsylvania 17013 136 ?. . `? /Vc\-;cA- Telephone (717) 249-3166 Fs-• t (v • t d GGp?. ? ICiCX 8 n Y?c 5 .? le . JOHN NESS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2010-666 CIVIL ACTION -LAW £,~, SA$RINA GEVAERT, f/k/a : SABRINA McKEAN, -x-T -y ~. -, Defendant IN CUSTODY ~ ~ r' ~' _ -~ ~-T-, ,..e _ 3 ACCEPTANCE OF SERVICE _, I, Sabrina Gevaert f/k/a Sabrina McKean, accept service of the Order dated August 13, 2010, and Fetition for Special Relief. `~ ~ ~ ~ p Date Defendant F:\FiLES\CGents\13150 Ness\13150.I.cos1 Revised: 8/16/10 4:47PM Jennifer L. Speazs, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES LD. 87445 10 East High Street Cazlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff JOHN NESS, v. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-666 CIVIL ACTION -LAW SABRINA GEVAERT, f/k/a SABRINA McKEAN, Defendant IN CUSTODY AMENDED CERTIFICATE OF SERVICE I, Jennifer L. Speazs, Esquire, an authorized agent for Martson Deazdorff Williams Otto Gilroy & Faller, hereby certify that a copy of the Petition for Special Relief filed on August 11, 2010, was served via hand delivery on August 16, 2010 to: Ms. Sabrina Gevaert Roxbury Treatment Center 601 Roxbury Road Shippensburg, PA 17257 MARTSON LAW OFFICES / By Jennifer L. ~peazs, Esquire Ten East High Street Cazlisle, PA 17013 (717) 243-3341 Dated: August 16, 2010 F TILHSThents,.13150 Ness 13150,1.aos2 Revised: 8/20/10 11:06AM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff JOHN NESS, v. 2MOAC 2(D PH 1:145 IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA SABRINA GEVAERT, f/k/a SABRINA McKEAN, Defendant NO. 2010-666 CIVIL ACTION - LAW : IN CUSTODY AFFIDAVIT OF SERVICE I, Gerald R. Henneman, being duly sworn according to law, depose and state that a copy of the attached Order was personally served by me on Sabrina Gevaert at 782 Winding Lane, Harrisburg, Dauphin County, Pennsylvania, August 20, 2010, at 9:00 a.m. Sworn to and subscribed before me this,Q"ay of August, 2010. erald R. Henneman V ( COMMONWEALTH OF PENNSYLVANIA I aUdal Seal Not ry ublic Mary M. Price, Notary Public Carlisle Born. Cumberland County My Cornmisslon Expires Aug. 18, 2011 Member, Pennsylvania Association of Notaries JOHN NESS PLAINTIFF V. SABRINA GEVAERT F/K/A SABRINA MCKEAN DEFENDANT . IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA • 2010-666 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Monday, August 16, 2010 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, September 01, 2010 at 9:30 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/ ac ueBne M. Verne Es . 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 TRUE COPY FRAM RECORD In TwWwony wM1 ed. I hdro unto am my hand end the sal of "Id at Cs "b. Pa tws day of ?o .1.Q._ s G 040L F1FILEMClients113150 Ness\13150.1.custodystip.wpd Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff JOHN NESS, V. OF T EPROT ONOTARY 2010 NOV 24 PM 2: 4 9 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-666 CIVIL ACTION - LAW SABRINA GEVAERT, f/k/a SABRINA McKEAN, Defendant IN CUSTODY STIPULATION FOR AN AGREED ORDER OF CUSTODY AND NOW, the parties, by and through their attorneys, stipulate and agree as follows: I. LEGAL CUSTODY 1. The parties hereby agree to share legal custody of the minor child, Matthew McKean, born July 11, 2008. All decisions affecting the child's growth and development including, but not limited to: choice of camp, if any; choice of day care provider; medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving the child, directly or as beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities; shall be considered major decisions and shall be made by the parents jointly, after discussion and consultation with each other and with a view towards obtaining and following a harmonious policy in the child's best interest. 2. Each party agrees to keep the other informed of the progress of the child's education and social adjustments. Each party agrees not to impair the other party's right to shared legal or physical custody of the child. Each party agrees to give support to the other in the role as parent and to take into account the consensus of the other for the physical and emotional well-being of the child. 3. While in the presence of the child, neither parent shall make or permit any other person to make, any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom the child should respect and love. 4. It shall be the obligation of each parent to make the child available to the other in accordance with the physical custody schedule and to encourage her to participate in the plan hereby agreed and ordered. 5. Each parent shall have the duty to notify the other of any event or activity that could reasonably be expected to be of significant concern to the other parent. 6. The parents shall communicate directly with one another concerning any parenting issue requiring consultation and agreement and regarding any proposed modifications to the physical custody schedule, which may from time to time become necessary, and shall specifically not use the child as a messenger. Furthermore, neither parent shall discuss with the child any proposed changes to the physical custody schedule, or any other issue requiring consultation and agreement, prior to discussing the matter and reaching an agreement with the other parent. 7. With regard to any emergency decisions which must be made, the parent with whom the child is physically residing at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, that-parent shall inform the other of the emergency and consult with him/her as soon as possible. Day-to-day decisions of a routine nature shall be the responsibility of the parent having physical custody at the time. 8. Each parent shall be entitled to complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, etc. Both parents may and are encouraged to attend school conferences and activities. 9. Neither parent shall schedule activities or appointments for the child which would require their attendance or participation at said activity or appointment during a time when he is scheduled to be in the physical custody of the other parent without that parent's express prior approval. II. PHYSICAL CUSTODY Mother shall have custody of the child every other weekend from Thursday at 7:00 PM, when Father shall drop the child off to her, until Monday morning when Mother will drop the child off at day care. Mother shall have the child every other Wednesday evening at 7:00 PM until Friday evening at 8:00 PM. Father will do the transportation for the alternating Wednesday drop-off and Friday pick-up. III. TELEPHONE PRIVILEGES The parties agree that there shall be reasonable telephone access between the child and both parents. The child shall be permitted free access to place calls to his parents at any time he desires. IV. RELOCATION The parties have negotiated the custody and partial custody portions of this Agreement based upon existing circumstances, and in particular, based upon Mother's and Father's current residences in Dauphin and Cumberland County, Pennsylvania, respectively. If either parent desires to establish a residence more than fifty (50) miles from his or her present residence, he or she shall give the other parent at least ninety (90) days' written notice in advance of the proposed move, in order to give the parties the opportunity to confer, prior to the relocation, and to establish a mutually satisfactory arrangement as to custody and partial custody in light of the changed circumstances. In the event that the parties are unable to reach an agreement, then the Court of Common Pleas of Cumberland County shall have jurisdiction over them to fashion an appropriate custody/partial custody order. X. TAXES Mother shall have the right to claim the child on her taxes and Father will sign any documentation required for her to do so. This Custody Stipulation may be executed in counterparts, each of which shall constitute an original instrument, but which counterparts together shall constitute the same agreement. The delivery by either party to the other of a facsimile or telecopy of a signed counterpart shall have the same legally binding effect as the delivery of an original signed counterpart. This Stipulation shall be entered as an Order of the Court. JO NESS Plaintiff Jennifer ears, Esquire Attorney for Plaintiff BY THE COURT: SABRINA GEVAERT Defendant Melanie L. Erb, Esquire Attorney for Defendant ,3. Date: 4 the parties are unable to reach an agreement, then the Court of Common Pleas of Cumberland County shall have jurisdiction over them to fashion an appropriate custody/partial custody order. X. TAXES Mother shall have the right to claim the child on her taxes and Father will sign any documentation required for her to do so. This Custody Stipulation may be executed in counterparts, each of which shall constitute an original instrument, but which counterparts together shall constitute the same agreement. The delivery by either party to the other of a facsimile or telecopy of a signed counterpart shall have the same legally binding effect as the delivery of an original signed counterpart. This Stipulation shall be entered as an Order of the Court. JOHN NESS Plaintiff Jennifer L. Spears, Esquire Attorney for Plaintiff BY THE COURT: , J. Date: 4 Defen 04 L. Erb, Esquire A rney for Defendant A FARLES\Clients\13150 Ness\13150.1.CUSt0dystip.wpd Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Lip THE PROTHONOTARY 2010 NOV 24 PM 2: 4 9 CUMBERLAND PE COUNTY ? Y?yANIA NOV 29Ft , JOHN NESS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2010-666 C-D CIVIL ACTION -LAW r- -- -r: L SABRINA GEVAERT, f/k/a r a U-1 M --Z - SABRINA McKEAN, v; r-- , v -n ? '. Defendant IN CUSTODY -<xw - -n p -n STIPULATION FOR AN AGREED ORDER OF CUSTODY o o C, -? CO b AND NOW, the parties, by and through their attorneys, stipulate and agree as follows: 1. LEGAL CUSTODY 1. The parties hereby agree to share legal custody of the minor child, Matthew McKean, born July 11, 2008. All decisions affecting the child's growth and development including, but not limited to: choice of camp, if any; choice of day care provider; medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving the child, directly or as beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities; shall be considered major decisions and shall be made by the parents jointly, after discussion and consultation with each other and with a view towards obtaining and following a harmonious policy in the child's best interest. 2. Each party agrees to keep the other informed of the progress of the child's education and social adjustments. Each party agrees not to impair the other party's right to shared legal or physical custody of the child. Each party agrees to give support to the other in the role as parent and to take into account the consensus of the other for the physical and emotional well-being of the child. 3. While in the presence of the child, neither parent shall make or permit any other person to make, any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom the child should respect and love. 4. It shall be the obligation of each parent to make the child available to the other in accordance with the physical custody schedule and to encourage her to participate in the plan hereby agreed and ordered. 5. Each parent shall have the duty to notify the other of any event or activity that could reasonably be expected to be of significant concern to the other parent. 6. The parents shall communicate directly with one another concerning any parenting issue requiring consultation and agreement and regarding any proposed modifications to the physical custody schedule, which may from time to time become necessary, and shall specifically not use the child as a messenger. Furthermore, neither parent shall discuss with the child any proposed changes to the physical custody schedule, or any other issue requiring consultation and agreement, prior to discussing the matter and reaching an agreement with the other parent. 7. With regard to any emergency decisions which must be made, the parent with whom the child is physically residing at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, that ,parent shall inform the other of the emergency and consult with him/her as soon as possible. Day-to-day decisions of a routine nature shall be the responsibility of the parent having physical custody at the time. Each parent shall be entitled to complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, etc. Both parents may and are encouraged to attend school conferences and activities. 9. Neither parent shall schedule activities or appointments for the child which would require their attendance or participation at said activity or appointment during a time when he is scheduled to be in the physical custody of the other parent without that parent's express prior approval. II. PHYSICAL CUSTODY Mother shall have custody of the child every other weekend from Thursday at 7:00 PM, when Father shall drop the child off to her, until Monday morning when Mother will drop the child off at day care. Mother shall have the child every other Wednesday evening at 7:00 PM until Friday evening at 8:00 PM. Father will do the transportation for the alternating Wednesday drop-off and Friday pick-up. III. TELEPHONE PRIVILEGES The parties agree that there shall be reasonable telephone access between the child and both parents. The child shall be permitted free access to place calls to his parents at any time he desires. IV. RELOCATION The parties have negotiated the custody and partial custody portions of this Agreement based upon existing circumstances, and in particular, based upon Mother's and Father's current residences in Dauphin and Cumberland County, Pennsylvania, respectively. If either parent desires to establish a residence more than fifty (50) miles from his or her present residence, he or she shall give the other parent at least ninety (90) days' written notice in advance of the proposed move, in order to give the parties the opportunity to confer, prior to the relocation, and to establish a mutually satisfactory arrangement as to custody and partial custody in light of the changed circumstances. In the event that t the parties are unable to reach an agreement, then the Court of Common Pleas of Cumberland County shall have jurisdiction over them to fashion an appropriate custody/partial custody order. X. TAXES Mother shall have the right to claim the child on her taxes and Father will sign any documentation required for her to do so. This Custody Stipulation may be executed in counterparts, each of which shall constitute an original instrument, but which counterparts together shall constitute the same agreement. The delivery by either party to the other of a facsimile or telecopy of a signed counterpart shall have the same legally binding effect as the delivery of an original signed counterpart. This Stipulation shall be entered as an Order of the Court. JO NESS Plaintiff AA??? Jennifer ears, Esquire Attorney for Plaintiff BY THE COURT: SABRINA GEVAERT Defendant Melanie L. Erb, Esquire Attorney for Defendant , J. Date: 4 the parties are unable to reach an agreement, then the Court of Common Pleas of Cumberland County shall have jurisdiction over them to fashion an appropriate custody/partial custody order. X. TAXES Mother shall have the right to claim the child on her taxes and Father will sign any documentation required for her to do so. This Custody Stipulation may be executed in counterparts, each of which shall constitute an original instrument, but which counterparts together shall constitute the same agreement. The delivery by either party to the other of a facsimile or telecopy of a signed counterpart shall have the same legally binding effect as the delivery of an original signed counterpart. This Stipulation shall be entered as an Order of the Court. JOHN NESS Plaintiff Jennifer L. Spears, Esquire Attorney for Plaintiff Date: N s b Z ) o 1'6 Co yi£s muulor-k Rf?Y J .?. n? BY THE COURT: t .0 O JW J. 4 Defend e L. Erb, Esquire A rney for Defendant JOHN NESS, Plaintiff V. SABRINA GEVAERT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2010-666 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this Zy day of ??-_iww,__7 , 2012, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated November 29, 2010 is hereby vacated. Mother's Petition for Contempt is held in abeyance. 2. The Father, John Ness and the Mother, Sabrina Gevaert, shall have shared legal custody of Matthew Ness, born July 11, 2008. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 3. The parties shall cooperate with counseling for the child which Father will be responsible for scheduling. Mother shall be entitled to communicate with the counselor and participate with the counseling if recommended by the counselor. 4. Father shall have primary physical custody of the child. 5. Mother shall have periods of supervised visitation at ABC Educational Services, Carlisle, for one hour per week. This visitation shall also include the child from the companion case. The two Fathers and Mother shall share equally in the cost of the supervised visitation. (. Mother shall cooperate with a psychiatric evaluation and provide her prior mental health records to the psychiatrist. Said evaluation shall be paid for by both Fathers. 7. 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. Another conciliation Conference is scheduled for Friday, June 1, 2012 at 9:30 a.m. In the event that either party desires a Conciliation Conference prior to June 1, 2012, counsel may contact Melissa Greevy, Esquire for an earlier Conciliation Conference. BY THE COURT, cc. Jennifer L. Spears Esquire Counsel for Father , , , ?1 Jessica Holst Esquire MidPenn Legal Services Counsel for Mother - -a , , , ra Y , e`9r- es tx l ?'l , JOHN NESS, Plaintiff V. SABRINA GEVAERT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2010-666 CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Albert H. Masland, J. 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 Matthew McKean July 11, 2008 Father 2. A Conciliation Conference was held in this matter on January 20, 2012, with the following in attendance: The Mother, Sabrina Gevaert, with her counsel, Jessica Holst, Esquire, MidPenn Legal Services and the Father, John Ness, with his counsel, Jennifer L. Spears, Esquire. 3. The Honorable J. Wesley Oler, Jr. previously entered an Order of Court dated November 29, 2010 providing for shared legal custody and shared physical custody with Mother having alternating weekends Thursday through Monday and alternating Wednesdays through Fridays. 4. Mother has had some mental health issues and has not seen the child since late 2010. 5. There is a companion case docketed at 2010-667 Beltrante v. Gevaert. 6. The parties agreed to an Order in the form as attached. Date: cq line M. Verney, Esquire Custody Conciliator JOHN NESS, Plaintiff v. FILED -OFFICE OF THE PROTHONOTARY 2014 JUL 23 PM 126 CUMBERLAND COUNTY p NNSYLVANIA / FP IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CUSTODYNISITATION SABRINA GEVAERT, Defendant : NO.2010-666 PETITION TO MODIFY CUSTODY 1. The Petitioner is Sabrina Gevaert, (hereinafter referred to as "Mother"), who is an adult individual residing at 706 Midland Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Respondent is John Ness , (hereinafter referred to as "Father"), who is an adult individual who is represented in this matter by Jennifer Spears, Esquire, of the Law Office of Peter Russo, 5006 E. Trindle Road, Suite 203, Mechanicsburg, Pennsylvania 17050. 3. The parties are the natural parents of Matthew Ness, born July 11, 2008 (hereinafter referred to as "Child"). 4. The parties are governed by an Order dated January 24, 2012, which is attached hereto as "Exhibit A." 5. There is no longer a reason for supervised visits. 6. Mother desires a new Custody Order which modifies the existing legal and physical custody provisions of the Order. WHEREFORE, Mother respectfully requests this Honorable Court grant her shared legal and partial physical custody of the Child. Date: 7/Z--3' / mas.dir/domestic/gevaert-Sabrina/modify.pet Respectfully submitted, BARIC SCHERER, LLC Michael A. Scherer, Esquire I.D. No. 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Petition To Modify Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. Date: Ocg-a)k` -(0\ 4 CERTIFICATE OF SERVICE I hereby certify that on July 93, 2014, I, Lauren McVaugh, of Baric Scherer, did serve a copy of the Petition to Modify Custody, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Jennifer Spears, Esquire 10 East High Street Carlisle, Pennsylvania 17013 M "cel 4.) Lauren McVaugh JOHN NESS Plaintiff Vs SA& NA NEgC Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. 2010 — (D(P(O CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CRIMINAL RECORD / ABUSE HISTORY VERIFICATION ,ha, Ake { , hereby swear or affirm, subject to penalties o law including 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act 42 Pa.C.S. § 6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check Crime Self Other Date of Sentence all that household conviction, apply member guilty plea, no contest plea or pending charges ❑ 18 Pa.C.S. Ch. 25 El 0 (relating to criminal homicide► O 18 Pa.C.S. §2702 0 0 (relating to C, aggravated assault) c ❑ 18 Pa.C.S. §2706 0 0 -cxnt— (relating to r= terroristic threats)e) d z r- w fin ❑ 18 Pa.C.S. §2709.1 ❑ ❑ (relating to stalking) ❑ 18 Pa.C.S. §2901 ❑ ❑ (relating to kidnapping) ❑ 18 Pa.C.S. §2902 ❑ ❑ (relating to unlawful restraint) ❑ 18 Pa.C.S. 42903 ❑ ❑ (relating to false imprisonment) ❑ 18 Pa.C.S. 42910 ❑ ❑ (relating to luring a child into a motor vehicle or structure) ❑ 18 Pa.C.S. §3121 ❑ ❑ (relating to rape) ❑ 18 Pa.C.S. §3122.1 ❑ ❑ (relating to statutory sexual assault) ❑ 18 Pa.C.S. §3123 ❑ ❑ (relating to involuntary deviate sexual intercourse) ❑ 18 Pa.C.S. 43124.1 ❑ ❑ (relating to sexual assault ❑ 18 Pa.C.S. 43125 ❑ ❑ (relating to aggravated indecent assault) 0 18 Pa.C.S. 53126 0 0 (relating to indecent assault) 18 Pa.C.S. 53127 0 0 (relating to indecent exposure) 0 18 Pa.C.S. 53129 0 0 (relating to sexual intercourse with animals) 0 18 Pa.C.S. 53130 0 0 gelating to conduct relating to sex offenders) 18 Pa.C.S. 53301 0 0 (relating to arson and related offenses) 0 18 Pa.C.S. 54302 (relating to incest) 18 Pa.C.S. 54303 0 0 (relating to concealing death of child) 18 Pa.C.S. 54305 0 0 (relating to dealing in infant children) 18 Pa.C.S. 55902(b) 0 0 (relating to prostitution and related offenses) 0 18 Pa.C.S. §5903 (c) or (d) (relating obscene and other sexual materials and performances) 0 0 O 18 Pa.C.S. §6301 ❑ 0 (relating to corruptoion of minors) O 18 Pa.C.S. §6312 0 0 (relating to sexual abuse of children) O 18 Pa.C.S. §6318 0 0 (relating to unlawful contact with minor) O 18 Pa.C.S. §6320 0 0 (relating to sexual exploitation of children) [3 23 Pa.C.S. §6114 0 0 (relating to contempt for violation of Protection order or agreement) 0 Driving under the 0 0 influence of drugs or alcohol ❑ Manufacture, sale, 0 0 delivery, holding, offering, for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct including the following: Check Self Other Date all that household apply member O A finding of abuse by a Children 0 0 & Youth Agency or similar agency in Pennsylvania or similar statute in another jurisdiction O Abusive conduct as defined under 0 ❑ the Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction O Other: 0 0 3. Please list an evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child: 5. If you are aware that the other party or members of the party's household has or have a criminal / abuse history, please explain: I verify that the information above is true and correct to the best of my knowledge information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Signature Printed Name GP -C',, R- �.n -C J0H-N MESS In Forma Pauperis Form . IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA v. DAP39ant C-1tVKV1 IN CIASTbQy • NO. - CIVIL TERM 2010— l2(0(0 PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: IAA erN Kindly a11ow,Sah n a le‘/C0.-.1- Defendant, to proceed in forma pauperis. I, M i cin a et A • S chert , attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. #4471(.7 Esquire/ilk-112,e squirefilk-112t 1 Xa 54-4 eft"— Attorney for Plaintiff/Defendant Address City, State Zip Phone Number JOHN NESS PLAINTIFF V. SABRiNA GEVAERT DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAANIA r*icri Zrn Cc) 2010-666 CIViL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, July 25, 2014 —= , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, August 20, 2014 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. You must file with the Court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in-person contact with the court (including, but not limited to, a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition. No party may make a change in the residence of any child which significantly impairs the ability of the other party to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and Pa.R.C.P. No. 1915.17 regarding relocation. FOR THE COURT, By: /s/ Jacqueline M. Verney, Esq. 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. ael'es iediGec✓ o S -Gk ereri rs't . oSpears, E -'e otJeiej,Frr 7/2 9/fy Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 JOHN NESS, : IN THE COURT OF COMMON PLEAS OF Plaintiff V. : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2010-666 SABRINA GEVAERT, Defendant : IN CUSTODY CIVIL ACTION - LAW c-) r -a ORDER OF COURT =c D cx? AND NOW, this day of , 2014, upon co consideration of the attached Custody Concili ion Report, it is ordered and directed as follows: 1. The prior Orders of Court dated January 24, 2012 and December 21, 2012 shall remain in full force and effect with the following modifications and additions. 2. Mother shall have periods of partial physical custody beginning Friday, September 5, 2014, from Friday after school to Sunday at 6:00 p.m. and such other times as agreed by the parties. 3. Mother shall be responsible for all transportation. She shall pick up the child from school. 4. Holidays/vacations shall take precedence over the regular custody schedule. A. Thanksgiving shall be shared and alternated by the parties. Mother shall have physical custody in even numbered years from 9:00 a.m. to 3:00 p.m. and in odd numbered years from 3:00 p.m. to 9:00 p.m. Father shall have physical custody in even numbered years from 3:00 p.m. to 9:00 p.m. in odd numbered years from 9:00 a.m. to 3:00 p.m. B. Christmas shall be divided into two Blocks. Block A shall be from 12:00 noon on Christmas Eve to 12:00 noon on Christmas Day. Block B shall be from 12:00 noon on Christmas Day to December 26 at 12:00 noon. Mother shall have Block A in even numbered years and Block B in odd numbered years. Father shall have Block A in odd numbered years and Block B in even numbered years. C. Easter shall be shared and alternated by the parties. Mother shall have physical custody in odd numbered years from 9:00 a.m. to 3:00 p.m. and in even numbered years from 3:00 p.m. to 9:00 p.m. Father shall have physical custody in odd numbered years from 3:00 p.m. to 9:00 p.m. and in even numbered years from 9:00 a.m. to 3:00 p.m. D. Mother shall have physical custody of the child on Mother's Day and Father shall have physical custody of the child on Father's Day, both from 9:00 a.m. to 6:00 p.m. E. Both parties shall have two non-consecutive weeks in the summer, provided they give the other party 30 -days prior notice. 5. RELOCATION: No party shall be permitted to relocate the residence of the child which significantly impairs 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. A person proposing to relocate MUST comply with 23 Pa. C. S. § 5337. 6. This Order isentered pursuant to 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, cc: ichael A. Scherer, Esquire, Counsel for Mother ✓ John Ness, pro se 38 Willow Way Drive Enola, PA 17025 ecyl CS Pal. ISCL �/7'1 JOHN NESS, : IN THE COURT OF COMMON PLEAS OF Plaintiff V. SABRINA GEVAERT, Defendant : IN CUSTODY : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2010-666 CIVIL ACTION - LAW PRIOR JUDGE: Albert H. Masland, J. 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: 4‘2. NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Matthew Ness July 11, 2008 Father 2. A Conciliation Conference was held in this matter on August 20, 2014, with the following in attendance: The Mother, Sabrina Gevaert, with her counsel, Michael A. Scherer, Esquire. Father, John Ness, nor counsel of record, Jennifer Brenize, Esquire, attended, although counsel of record was notified of the conference and reported to Mother's counsel that Father was aware of the conference. 3. The. Honorable Albert H. Masland previously entered Orders of Court dated January 24, 2012 and December 21, 2012 providing for shared legal custody, Father having primary physical custody and Mother having periods of supervised visitation. 4. Mother requested an Order in the form as attached. Date: ac eline M. Verney, Esquire Custody Conciliator JOHN NESS, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CUSTODYNISITATION SABRINA GEVAERT, Defendant : NO. 2010-666 ORDER OF COURT AND NOW, this day of 2014, upon m- clJ rn cn r- - - <cJ c-) C=▪ 1 m presentation and consideration of the Stipulation and Agreement, and upon agreement of the parties, it is hereby ORDERED and DECREED as follows: 1) The parties shall have joint legal custody of their minor child, Matthew Ness, born July 11, 2008. Joint legal custody means the right of both parents to control and share in making decisions of importance in the life of their child, including educational, medical, and religious decisions. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non -emergency decisions affecting the child's general well-being, including, but not limited to, all decisions regarding their health, education and religion. Father will include Mother in child's activities, including school, medical care and extracurricular activities, and Mother will be an emergency contact at the child's school. Pursuant to the terms of Pa.C.S.§ 5309, each parent shall be entitled to equal access to all records and information pertaining to the child, including, but not limited to, the child's school, medical, dental, religious and other important records, the residence address of the child and the other parent. As soon as practical after the receipt by a party, copies of the child's school schedule, special event notifications, report cards, and similar items shall be provided to the other party. Notwithstanding that both parents shall share legal custody, non -major 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 Stipulation and Order. 2) Physical custody of the child, as that term is defined in the Custody Act, shall be primarily with Father. Until November 15, 2014, Mother shall have partial physical custody at such times as the parties agree. Mother's period of custody is expected to occur between 9:00 a.m. and 5:00 p. m. on alternating Sundays; however the parties may modify those times if deemed to be in the best interest of the child. If the child requests an overnight prior to November 15, 2014, an overnight can occur if agreed upon by the parties. After November 15, 2014, overnights with Mother shall be phased in by agreement of the parties giving consideration to the child's best interest and welfare. 3) Transportation for custody purposes shall be as agreed by the parties, 4) The parties shall share of the child during the holidays as they mutually agree. 5) Neither parent will disparage or speak negatively about the other parent and neither party will allow third party influence in the decisions affecting the child. 6) The parties anticipate agreeing upon a new Order beginning January, 2015. 7) Neither party shall remove the child from Pennsylvania without notifying the other parent and obtaining consent from the other parent. 8) No party shall be permitted to relocate the residence of the child which significantly impairs 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. A person proposing to relocate MUST comply with 23 Pa.C.S.A. section 5337. 9) This Stipulation, Agreement and/or Order supersedes all previous custody Orders. BY THE COURT STIPULATION The parties hereby request that the foregoing be entered as an Order of Court. --Sabrina Ge Joh ess Date: Vs- Date://v Xichael A. Scherer, Esquire Baric Scherer LLC 19 West South Street Carlisle, Pennsylvania Attorney for Defendant Ness 38 Willow Way Drive Enola, Pennsylvania 17025 • 7, 7 -1