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HomeMy WebLinkAbout04-2688HEIDI M. SMITH, Plaintiff JAMES A. DETTER, II, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT, if you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff You may lose money or property or other rights important to you, including custody and visitation of your children. When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Domestic Relations Office at the County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 1F 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, Pennsylvania 17013 (717) 249-3166 Barbara Sumple-Sullivan, Esqu/re Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 HEID1 M. SMITH, Plaintiff JAMES A. DETTER, II, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - CUSTODY CUSTODY COMPLAINT 1. The Plaintiff is Heidi M. Smith (hereinafter referred to as "Mother"), who currently resides at 1711 Letchworth Road, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant is James A. Detter, II (hereinafter referred to as "Father"), who currently resides at Rose Farm Road, Dillsburg, York County, Pennsylvania 17019. 3. Plaintiff seeks NAME James A. Detter, Ili shared legal and primary physical custody of the following children: PRESENT RES/DENCE DATE OF B/RTH 1711 Letchworth Road Camp Hill, PA 17077 And Rose Farm Road Dillsburg, PA 17019 6/23/94 Brooklyn A. Detter 1711 Letchworth Road Camp Hill, PA 17077 And Rose Farm Road Dillsburg, PA 17019 2/11/97 4, The children are presently in the shared custody of both parents at the above referenced addresses. 5. During the past five years the children have resided with the following persons at the following addresses: DATES While with Mother: 2/2004 - Present ADDRESSES 1711 Letchworth Rd Camp Hill, PA 17011 NAMES OFPERSONS IN HOUSEHOLD Mother, Jason M. Smith and children 7/1/2000-2/2004 440 Herman Ave Lemoyne, PA 17043 Mother, JasonM. Smith and children 2/2000-7/1/2000 59 Red Barberry Rd Etters, PA 17319 Mother, children, Tammy Froseth (sister), Jeremy Froseth, Keaton Froseth, and Mikalea Froseth 6/1999-2/2000 445 Old Quaker Road Etters, PA 17319 (Father was incarcerated from May, 1999 to February 27, 2000) Father, Mother and children While with Father: 5/30/2004 - Present 8/2002 - 5/30/2004 2000 - 8/2002 Rose Farm Road Dillsburg, PA 17019 445 Old Quaker Road Etters, PA 17319 445 Old Quaker Road Etters, PA 17319 Father, Junella Wehler (Father's grandmother), Connie Chapman and Children Father, Connie Chapman (Father's girlfriend) and Children Father and Children 6. The Father of the children is James A. Detter, II, currently residing at Rose Farm Road, Dillsburg, PA 17019. 7. The Mother of the children is Heidi M. Smith, currently residing at 1711 Letchworth Road, Camp Hill, PA 17011. The parties are currently divorced from each other. currently resides with the following persons: NAME Jason M. Smith James A. Detter, III Brooklyn A. Detter The relationship of the Plaintiff to that of the children is that of Mother. The Plaintiff RELATIONSHIP Husband Son Daughter resides with the following persons: NAME Junella Wehler Connie Chapman James A. Detter, 1II Brooklyn A. Detter The relationship of the Defendant to the children is Father. The Defendant currently RELATIONSHIP Father's Grandmother Girlfriend Son Daughter 10. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court except on September 13, 2000 an Order was entered to Court of Common Pleas of York County, Docket No. 2000 SU 02393°03 which set forth the terms of an agreement reached between the parties. A copy of the Agreement is attached hereto as Exhibit "A." 11. The Plaintiff has no information of a custody proceeding concerning the children pending in any court of this Commonwealth. 12. Plaintiffdoes not know ora person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation fights with respect to the children. 13. The best interest and permanent welfare of the children will be served by granting the relief requested because Plaintiffcan provide a stable, healthy, supportive and loving environment for the children. With Father's recent relocation, an increased travel burden will be placed on the children for school attendance. Mother is best able to provide educational and social opportunities for the children and support those endeavors. 14. Each parent whose parental fights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. 4 WHEREFORE, the Plaintiffrequests the Court to grant shared legal and physical custody of the children to the Plaintiff DATE:~.~ lq ,2004 Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 5 EXHIBIT "A" HEIDI M. DETFER, Plaintiff 1N THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA NO. 2000 SU 02393-03 Civil Term IN LAW - CUSTODY JAMES A. DETTER II, Defendant CUSTODY AGREEMENT AND STIPULATION THIS AGREEMENT made this the ~-~ day of ~c)c~; , 2000, between HEIDI M, DETTER (hereinafter "Mother") and JAMES A. DETTERTII(hereinafter "Father"), concerns the custody and visitation of their minor children James A. Detter, II and Brooklyn A. Detter. WHEREAS, Mother and Father desire to enter into an Agreement as to the custody of the children~/~,?-~-qq~,,]ll' ~Brooklyn A. Detter, and to have this Agreement made an Order of Court, Mo~ ana Fat~er ~gree to the following: 1 Mother and Father shall have joint physical and legal custody of the children,.om~c-for -lho~_purpoe~e of the West Sho~e S~hool District wN*re thc Mother shall be deeme&to~-ha~ primary lcgal euetody. Phy' dy ' ' kly ' ' g~dyo 2. smal custo of the children will alternate wee , w~th one parent hawn day afl day gh th wing M from Mon er care throu e folio onday morning The parent o custody will pick up the children from day care, The parent having custody will then de~ ~i~,~tho.-~ children to day care the following Monday morning. Beginning in the Summer of 2001C~ne~. parent, to be agreed upon, shall have custody of the children for two consecutive weeks alternate the holiday custody weeks between the parents. 3. The parent hay'rog custody of the enid or children will arrange for appropriate medical care and treatment in the event that one or both children become ill or injured. That same parent ,a411 a~end to or stay xvith *.he il! or kqjured child u~ess other appropriate arrangement have been made. 4. Should one or both of the children become ill or injured, the parem exercising custody will make every effort to contact and advise the noncustodial parent of the health issue. 5. The custodial parent will be responsible to transport the child or children to various events and appointments to include but not limited to counseling, tutoring, health care, athletic events, and school and social activities. 6. For the holidays of Christmas Da~,~a~]e~lnday and Thanksgiving Day, the noncnstodial parent may exercise a period of custody that day from 1:00 p,m. until 8:00 p.m. of that same day, unless prior arrangements have been made by the parents. The parent obtaining custody during this time will be responsible to pick up the children and return them at the appropriate time. 7. For other periods of time that include other holidays, vacations, Mother's Day, Father's Day, employer picnics, family reunions, job requirements and illness, the parents will make every effort to coordinate and modify periods of custody to the benefit of the children. 8. The parents agree that the children's medical bills, clothing bills and cost of day care will be divided equally between the parents. The parent seeking reimbursement will present t~he other parent with a copy of the appropriate receipts in a timely manner. 9. Periods of custody may be modified, from time to time, as agreed by the parties. The parties agree to be flexible to allow for changes in each other's work schedule which may affect the days and times set forth in this agreement. 10. Each party shall provide the other party with opportunities for reasonable telephone contact while they are exercising custody. 11. Each party shall refrain from making disparaging remarks about the other parent or that parent's family nor allow others to do so in the child's or children's presence. 12. The parents will discuss any changes to the children's physician, daycare, and school. 25709 '130358 HEID1 M. DETTER, Plaintiff V. JAMES A. DETTER II, Defendant IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA NO. 2000 SU 02393-03 Civil Term IN LAW - CUSTODY ORDER AND NOW, this ~t~& day of ~-%o~c' ,2000, upon consideration of the attached Custody Agreement And Stipulation, it is hereby ordered and directed as follows: ~ 1 Mother and Father shall have joint physical and legal custody of the children,,, except fnr the purpose~ of the We~t Sb~ooLl~istdet--.where-the_Mother. shall be. d~med to have pfimmy leg'al custody.~ 2. Physical custody of the children will alternate weekly, with one parent having custody from Monday after daycare through the following Monday morning. The parent obtaining custody will pick up the children from day care. The parent having custody will then deliver the children to day care the following Monday morning. Beginning in the Summer of 2001, one parent, to be agreed upon, shall have custody of the children for two consecutive weeks so as to alternate the holiday custody weeks between the parents. 3. The parent having custody of the child or children will arrange for appropriate medical care and treatment in the event that one or both children become ill or injured. That same parent will attend to or stay with the ill or injured child unless other appropriate arrangement have been made. 4. Should one or both of the children become ill or injured, the parent exercising custody will make every effort to contact and advise the noncustodial parent of the health issue. 5. The custodial parent will be responsible to transport the child or children to various events and appointments to include but not limited to counseling, tutoring, health care, athletic events, and school and social activities. 6. For the holidays of Cba-Sstmas Day, Easter Sunday and Thanksgiving Day, the noncustodial parent may exercise a period of custody that day from 1:00 p.m. until g:O0 p.m. of that same day, unless prior arrangements have been made by the parents. The parent obtaining custody during this time will be responsible to pick up the children and return them at the appropriate time. 7. For other periods of time that include other holidays, vacations, Mother's Day, Father's Day, employer picnics, family reu~[.~_n~o, j~~- ~eqllirements and illness the parents will make every effort to coordinate and ~[~l ~ of custody to the benefit of the children. g. The parents agree that the children's medical bills, clothing bills and cost of day care will be divided equally between the parents. The parent seeking reimbursement will present the other parent with a copy of the appropriate receipts in a timely manner. 9. Periods of custody may be modified, from time to time, as agreed by the parties. The parties agree to be flexible to allow for changes in each other's work schedule which may affect the days and times set forth in this agreement. 10. Each party shall provide the other patty with opportunities for reasonable telephone contact while they are exercising custody. 11. Each party shall refrain from making disparaging remarks about the other parent or that parent's family nor allow others to do so in the child's or children's presence. 12. The parents will discuss any changes to the children's physician, day'are, and school. 13. 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, 257091130358 Barbara Surnple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 HEIDI M. SMITH, Plaintiff : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY JAMES A. DETTER, II, Defendant NO. VERIFICATION I, Heidi M. Smith, hereby certify that the facts set forth in the foregoing CUSTODY COMPLAINT are true and correct to the best of my knowledge, information and belie£ I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: ,2004 HEIDI M. SMITH : PLAINTIFF : JAMES A. DETTER, II DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-2688 CIVIL ACTION LAW iN CUSTODY ORDER OF COURT AND NOW, Thursday, June 17, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear befbre Jacqueline M. Verney, Esq. _, the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, July 08, 2004 at 8:30 AM for a Pre-Hearing Custody Conference. AX such conference, an eflbrt 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. All children age five or older may also be present at the conference. 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: Is/ J~cqueline M. Verney, Esq. Custody Conciliator mhc 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 accessfble 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 bdbre 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 FOR'IH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 24%3166 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 HEIDI M. SMITH, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLANT) COUNTY, PENNSYLVANIA : CIVIL ACTION - CUSTODY JAMES A. DETTER, II, Defendant ' NO. 04-2688 AFFIDAVIT OF SERVICE I, ~ ., being duly sworn according to law, deposes and states that at approximately /Lf~-"~4',, /~/~ ! "~C>~-- , I personally served James A. Detter, II, with a copy of the Custody Complaint. I hereby certify that the facts set forth above are true and correct to the best of my knowledge, information and belie£ I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A.. 4904 relating to unsworn falsification to authorities. Date: Sworn to and subscribed before me this ,~.5 day of 3 u~or_ ,2004 My Commission Expires: (SE a0 HEIDI M. SMITH, Plaintiff VS, JAMES A, DETTER, II, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-2688 CIVIL TERM IN CUSTODY PRELIMINARY OBJECTIONS AND NOW comes James A. Detter, II, by his attorney, Samuel L. Andes, and makes the following preliminary objections to the custody complaint filed by the Plaintiff in this matter: I, PENDENCY OF PRIOR ACTION 1. The parties to this action are parties to an action before the Court of Common Pleas of York County, filed to No. 2000-SU-02393-03 in which an order was entered in June of 2000 resolving the issue of the custody of the parties' two children. A copy of that order, and the agreement on which it was based, is attached hereto and marked as Exhibit A. 2. Because of the pendency of the prior custody action, and the order entered by the Court of Common Pleas of York County, this court should not take any action on Plaintiff's complaint. 3. Plaintiff has an action in which she can raise her claims for the amendment of the order entered by the Court of Common Pleas of York County. For that reason is it not necessary for this court to become involved in the custody matter now. WHEREFORE, Defendant prays this court to dismiss Plaintiff's complaint or, in the alternative, transfer this matter to York County and properly treat it as a request to modify an existing custody order. II. FAILURE TO COMPLY WITH LAW OR RULES OF COURT 4. The parties in this action are parties to an action before the Court of Common Pleas of York County in which that court entered an order making disposition of the parties' claims to the custody of their two minor children. A copy of that order is attached hereto and marked as Exhibit A. §. Plaintiff seeks to modify the existing order of custody by changing those physical custody arrangements. 6. Plaintiff has incorrectly styled her petition as a custody complaint, suggesting that it is a new action rather than a petition to modify' an existing custody order. 7. Plaintiff's complaint does not comply with the law or the Rules of Court because it does not ask the court to modify an existing court order but rather suggests that this is an entirely new action. WHEREFORE, Defendant prays this court to dismiss Plaintiff's complaint or, in the alternative, transfer this matter to York County and properly treat it as a request to modify an existing custody order. III. CHALLENGE TO VENUE 8. York County has been the home jurisdiction of the children who are the subject of this action for most of their lives. The children resided with both parties for several years prior to the parties separation and their residence at that time was in Etters, York County, Pennsylvania. After the parties separation, the children continued to reside at least one half of the time with Defendant in Etters, York County. As a result, York County has been the home jurisdiction of the children for virtually all of their lives. 9. York County is the proper venue to hear this case because all prior custody litigation and claims were raised and resolved in York County. 10. Although Plaintiff has described her action as a custody complaint, it is really an attempt to modify the order entered by the Court of Common Pleas of York County, which is the proper venue for any action to modify that order. 11. This court is not the proper venue for these proceedings and there is no lawful basis for venue in Cumberland County. WHEREFORE, Defendant prays this court to dismiss Plaintiff's complaint or, in the alternative, transfer this matter to York County and properly treat it as a request to modify an existing custody order. SamiJ-~l L, ~,n~,~ Attorney for Defendant Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this docurnent are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: ~AME~ A. DETTER, II HEIDI M. SMITH, Plaintiff V. JAMES A. DETTER, II, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2004-2688 CIVIL TERM : : IN CUSTODY ORDER OF COURT ,& ANDNOW, this C~{¢ dayof .?l/d, OZ/~ ,2004, upon consideration of the attached Custody Concifl&tio~ Report, it is ordered and directed follows: as 1. A Hearing/~bz-a~Cv.~z:.~:.re r,~.;w --7) to consider Fa~er's Prelimin~ Objections is scheduled, in Co~oom No ~ of the C' ~unty Corn House, on the ~naday of ~ ~,-. ~ '~ .... -. ~ , zuu~, at ~:~0 o clock, ~. M., m which time, if testimony ~s to be t~en,~ Father s~l be deemed to be ~e moving p~ ~d shall proceed initially with testimony. 2. Pending further Order of Court or agreement of the parties, the prior Order of Court dated September 7, 2000 shall remain in full force and effect. cc: Samuel L. Andes, Esquire, counsel for Father Barbara Sumple-Sullivan, Esquire, counsel for Mother HEIDI M. SMITH, Plaintiff V. JAMES A. DETTER, Il, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2004-2688 CIVIL TERM : IN CUSTODY PRIOR JUDGE: None C_USTODY CONCILIATION SUMMARY REPORI IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliiator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME James A. Detter, III Brooklyn A. Detter DATE OF BIRTH June 23, 1994 February 1 l, 1997 CURRENTLY IN CUSTODY OF shared shared 2. A Conciliation Conference was held August 24, 2004 with the following individuals in attendance: The Mother, Heidi M. Smith, with her counsel, Barbara Sumple-Sullivan, Esquire, and the Father, James A. Detter, 1I, with his counsel, Samuel L. Andes, Esquire. 3. Mother filed a Custody Complaint to which Father filed Preliminary Objections asserting Pendency of Prior Action, Failure to Comply with Law or Rules of Court and Challenge to Venue. The parties entered into a Custody Stipulation dated June 27, 2000, which was adopted as an Order of Court on September 7, 2000 by the Honorable Judge Renn of York County, which provided for shared legal custody and shared physical custody on a week on/week off basis. At the Conciliation Conference, the parties were unable to reach an agreement concerning the underlying custody action, but did agree to certain facts that the Court can rely upon to reach a decision concerning the Preliminary Objections. 4. At the time the Stipulation was signed, June 2'7, 2000, both Mother and Father lived in York County, although it was contemplated that Mother would move. Shortly thereafter on July 1, 2000, Mother relocated to Lemoyne, Cumberland County. The children have attended West Shore School District schools since 2000. Mother continues to live in Cumberland County and the West Shore School District although she moved to Camp Hill (Lower Allen) in February 2004. Father continues to live in York County, although he recently moved to Dillsburg. 5. Mother is seeking primary physical custody, while Father is satisfied with the status quo of shared physical custody. The parties agree that the children should continue to attend West Shore School District schools. 6. The Conciliator recommends an Order in the form as attached scheduling a Heating/Judicial Conference and maintaining the status quo pending the outcome of the Preliminary Objections and further conciliation, if ordered. Date Jacqt(dline M. ~-erney~sq-~re -~ Custody ConcJ[liator HEIDI M. SMITH, PLAINTIFF V. JAMES A. DETTER, II, DEFENDANT AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-2688 CIVIL TERM ORDER OF COURT day of November, 2004, upon relation by counsel that they have been unable to resolve defendant's preliminary objections, a hearing will be conducted on those objections at 2:00 p.m., Monday, December 13, 2004, in Courtroom Number 2. Edgar B. Bayley, '~ I/l~rbara Sumple-Sullivan, Esquire For Plaintiff ~'"amuel L. Andes, Esquire For Defendant :sal HEIDI M. SMITH, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES A. DETTER, II, DEFENDANT 04-2688 CIVIL TERM IN RE: PRELIMINARY OBJECTIONS OF DEFENDANT TO PLAINTIFF'S COMPLAINT FOR CUSTODY AND NOW, this ORDER OF COURT t~I'''~'' day of Decernber, 2004, the complaint in custody filed by Heidi M. Smith, IS DISMISSED. 'u By the~Ce x'~, ~ ~ · ~arbara Sumple-Sullivan, Esquire For Plaintiff /~amuel L. Andes, Esquire For Defendant :sal HEIDI M. SMITH, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERb~,ND COUNTY, PENNSYLVANIA V. JAMES A. DETTER, II, DEFENDANT 04-2688 CIVIL TERM IN RE: PRELIMINARY OBJECTIONS OF DEFENDANT TO PLAINTIFF'S COMPLAINT FOR CUSTODY OPINION AND ORDER OF COURT Bayley, J,, December 17, 2004:-- On June 14, 2004, Heidi M. Smith filed a complaint against James A. Detter, II, for custody of their children, James A. Detter, III, born June 23, 1994, and Brooklyn A. Detter, born February 11, 1997. The father filed preliminary objections to the complaint maintaining that any custody dispute must be heard in York County. The mother and father both lived in York County before the mother moved to Cumberland County on July 1,2000. She continues to live in Cumberland County, and the father has continued to live in York County. A custody order was entered for James and Brooklyn on September 7, 2000, in the Court of Common Pleas of York County (No. 2000 SU 02393-03 Civil). Each parent has both children on alternate weeks. By their agreement, the children attend school in Cumberland County. The Uniform Child Custody Jurisdiction and Enforcement Act, 23 Pa.C.S. Section 5401 et seq., is applicable under Section 5471 to intrastate cases "[b]etween and among the courts of common pleas of this Commonwealth." Section 5422 of the UCCJA, titled "Exclusive, continuing jurisdiction," provides: (a) General rule.--Except as othen~/ise provided in section 5424 (relating to temporary emergency jurisdiction), a court of this 04-2688 CIVIL TERM Commonwealth which has made a child custody determination consistent with section 5421 (relating to initial child custody jurisdiction) or 5423 (relating to jurisdiction to modify determination) has exclusive, continuing jurisdiction over the determination until: (1) a court of this Commonwealth determines that neither the child, nor the child and one parent, nor the child and a person acting as a parent have a significant connection with this Commonwealth and that substantial evidence is no longer available in this Commonwealth concerning the child's care, protection, training and personal relationships; or (2) a court of this Commonwealth or a court of another state determines that the child, the child's parents and any person acting as a parent do not presently reside in this Commonwealth. (b) Modification where court does not have exclusive, continuing jurisdiction.--A court of this Commonwealth which has made a child custody determination and does not have exclusive, continuing jurisdiction under this section may modify that deterrnination only if it has jurisdiction to make an initial determination under section 5421. (Emphasis added.) The York County order of September 7, 2000, was an initial child custody order. Since then, James and Brooklyn have lived one-half of the time in York County and one-half of the time in Cumberland County. It is apparent that the father and the children have a significant connection to York County, and there is substantial evidence in York County concerning their care, protection, training and personal relationships. York County has exclusive, continuing jurisdiction under Section 5422 of the UCCJA. Accordingly, the following order is entered. AND NOW, this ORDER OF COURT ~ day of December, 2004, the complaint in custody filed by Heidi M. Smith, IS DISMISSED. By the C~rt, EOgar-B. Ba~ley, J. -2- 04-2688 CIVIL TERM Barbara Sumple-Sullivan, Esquire For Plaintiff Samuel L. Andes, Esquire For Defendant :sal -3-