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HomeMy WebLinkAbout10-3543JOHN F. KING LAW, P.C. John F. King, Esquire ID #61919 4076 Market Street Camp Hill, PA 17011 717-695-2222 / 717-695-2207 FAX 20 1'! >>°, Y 2 7 Pty 633 r, Attorney for Plaintiff KYLE S. SHEVLIN Plaintiff V. APRIL ZEIGLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ?Q 3 S`/3 cam. CIVIL ACTION - LAW CUSTODY/VISITATION COMPLAINT FOR CUSTODY 1. The Plaintiff is Kyle S. Shevlin, residing at 424 Brian Court, Cumberland County, Mechanicsburg, PA 17050. 2. The Defendant is April Zeigler, residing at 88 Regency Woods North, Cumberland County, Carlisle, PA 17015. 3. Plaintiff seeks custody of the following child: NAME PRESENT RESIDENCE AGE DOB Natasia Shevlin 88 Regency Woods North 8 yo 3/30/2002 Carlisle, PA 17015 The child was born out of wedlock. The child is presently in the custody of Defendant/Mother, who resides at 88 Regency Woods North, Carlisle, PA 17015. During the past five (5) years, the child has resided with the following persons and at the following addresses: S 1-7 9. eJd 1-t a Y a4 to q6 NAME RESIDENCE DATE April Zeigler Mulberry Avenue May 2005-2007 Lucus Toot Carlisle, PA 17013 April Zeigler Lucus Toot Destiny Zeigler April Zeigler Lucus Toot Destiny Zeigler Shaylin Zeigler 88 Regency Woods North Carlisle, PA 17015 88 Regency Woods North Carlisle, PA 17015 2007-2008 09/2008 to present The mother of the child is Defendant, April Zeigler, currently residing at 88 Regency Woods North, Carlisle, PA 17015. She is single. The father of the child is Plaintiff, Kyle S. Shevlin, currently residing at 424 Brian Court, Mechanicsburg, PA 17050. He is married. 4. The relationship of the Plaintiff to the child is that of Father. The Plaintiff currently resides with the following persons: NAME RELATIONSHIP Caryn Shevlin Wife Justin Avallone Step son 5. The relationship of the Defendant to the child is that of Mother. The Defendant currently resides with the following persons: NAME Lucus Toot Destiny Zeigler Shaylin Zeigler RELATIONSHIP Paramour Daughter Daughter 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: A. Husband and his Wife are able to provide a stable, loving, safe environment for the child. B. The child experiences an inordinate number of school absences while in the custodial care of Mother, much to the harm and detriment of the child's educational efforts. C. Father can provide a home in which a child's academic and extracurricular activities would be overseen and facilitated, while Mother does not. D. Father has a license to operate a motor vehicle, while it is believed, and therefore averred, that Mother does not. E. Father believes, and therefore avers, that Mother has attempted to alienate the affection of the child, much to the harm and detriment of the child. F. Both Mother and her paramour are heavy smokers while in the presence of the child, and within close confined spaces such as the residence and vehicles. G. Father believes, and therefore avers, that Mother's actions, such as calling the police when Father informed her that he was coming over to return their daughter's jacket, has caused unreasonable fears and concerns on the part of the child, much to her detriment and harm. 8. Each parent whose parental rights to the child have not been terminated, and the person who has physical custody of the child, have been named a party to this action. WHEREFORE, Plaintiff requests the Court to grant him custody of the child. Dated: May g-r, 2010 Respectfully submitted, JOHN F. KING LAW, P.C. 6C f King, Esquire 4076 Market Street Camp Hill, PA 17011 Attorney for Plaintiff VERIFICATION I, Kyle S. Shevlin, hereby acknowledge that I am the Plaintiff in the foregoing action; that I have read the foregoing Complaint for ? Custody; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Kyle S. Shevlin Dated: Mayo? 7, 2010 I . KYLE S. SHEVLIN, Plaintiff V. APRIL ZEIGLER, Defendant AUG 18 01U 61- AUG. i b YUld r? IN THE COURT OF COMMON PLUS CUMBERLAND COUNTY, PENN LVANIA' No. 10-3543 CIVIL ACTION LAW CO IN CUSTODY ORDER OF COURT AND NOW this day of August 2010, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. This Order is entered pursuant V a Custody Conciliation Conference. A,Custody Hearing is hereby scheduled on the =265- day of ham, 2010 at am/Imin Courtroom number cl- in the Cumberland County Court of Common Pleas, Carlisle, PA 17013 at which time testimony will be taken in regard to the physical custody for the subject Child. For purposes of this hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the hearing date. 2. ICustodv: The Father, Kyle Shevlin, and the Mother, April Zeigler, shall have shared legal custody of Natasia Shevlin, born 03/30/2002. The parties shall have'an equal right to make all major non-emergency decisions affecting the Child's general welt-being including, but not limited to, all decisions regarding her 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 of 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. 3. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's partial physical custody as follows: a. Father shall have physical custody of the Child on alternating weekends from after school on Friday until Sunday 6:00 pm. b. Father shall have physical custody of the Child at such other times and days as the parties may mutually agree. 4. Neither parent shall smoke in confined places when the subject Child is in their respective custody. 5. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 6. Counseling: The parents have agreed to, and shall, engage in therapeutic family counseling with the focus on co-parenting with a mutually agreed upon professionhal. The cost of said counseling, after appropriate payment through insurance, shall be split between the parties. 7. Holidays: The parents shall alternate and arrange the holiday schedule as mutually agreed upon. 8. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 9. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Chill as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. Furthermore, the parties shall not discuss, involve or attempt to influence the Child in custody litigation issues. 10. In the event of a medical emergency, the custodial party 'shall notify the other party as soon as possible after the emergency is handled. 11. During any periods of custody or visitation, the parties shall not possess o ? use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, thatjother household members and/or house guests comply with this provision. 12. This Order is entered 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, J. I?' 'bution: Adams, Esquire King, Esquire, 4076 Market Street, Camp Hill, PA 17011 „?,* J. Mangan, Esquire 8 t 8 ?rv KYLE S. SHEVLIN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 10-3543 CIVIL ACTION LAW APRIL ZEIGLER, IN CUSTODY Defendant . CUSTODY CONCILIATION S afflARY RUM IN ACCORDANCE W1TH CUMBERLAND COUNTY RULE OF CML PROCEDUII 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: Name Date of Birth CurreOtly in the Custody pf Natasia Shevlin 03/30/2002 Primary Mother 2. A Conciliation Conference was held with regard to this matter on August 10, 2010 with the following individuals in attendance: The Mother, April Zeigler, with her counsel, Jane Adams, Esq. The Father, Kyle Shevlin, with his counsel, John King, Esq. 3. Mother's position on custody is as follows: Mother desires to maintain primary custody of the Child. Mother alleges that Father was not very involved in Natasia's life for the first six, years. Mother asserts that she takes very good care of Natasia and that she has stable employment and adequate housing for the Child. Mother lives with her boyfitiend, two other children and sometimes her niece. Mother does not want Father to change the Child's medical professionals. Mother indicates that she has plenty of assistance in regard to transportation/day care and getting the Child to school. Mother indicates that the Child does not want to spend a lo't of time with Father but that she has encouraged a relationship. Mother f?els that Father is unduly influencing the Child in regard to custodial matters. Mother indicates that she is not comfortable with Father having primary custody or even a shared custody arrangement. However, if a hearing could be avoided, Mother would consider expanding Father's time to alternating weekends, possibly from Thursday until Monday morning and sharing physical custody during the summer months. 4. Father's position on custody is as follows: Father indicates that he would like primary physical custody of Natasia. Father has the following concerns: Mother does not have a driver's license, Mother's residence is too crowded for the Child, the Child's hygiene is sometimes lacking, the Child's school attendance, Father would like the Child covered under his insurance and would like to engage the Child in counseling. Father would be agreeable to engage in therapeutic family counseling with the focus on co-parenting. Father indicates that he has the ability to take the Child to school (or make arrangements) and that he is in a better position to provide for Natasia. Father indicated that he would consider a shared physical' custody schedule (2/2/3) all year long, "as a starting point". 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and entering an Order of Court regarding custody as outlined. It is the Conciliator's belief that this would be in the Child's best interest. It is expected that the Hearing will require one half day. 6. The proposed recommended Order may contain a requirement that the parties file a pre-trial memorandum with the Judge to whom the matter has been assigned. Date John YMiVgan, Esqui Cus y nciliator KYLE S. SHEVLIN, Plaintiff IN THE COURT OF CUMBERLAND COUN V. APRIL ZEIGLER, Defendant COMMON PLEAS OF 'Y, PENNSYLVANIA CIVIL ACTION - W NO. 10-3543 CIV L TERM ORDER OF COURT AND NOW, this 2nd day of November 2010, after hearing in the above-captioned matter, IT I HEREBY ORDERED AND DIRECTED that the parties will be given until November 15, 2010, to submit proposed findings of fat and an approved final order in this case. By the Court, t John King, Esquire y 0 the Plaintiff Jane Adams, Esquire For the Defendant lfh (20 f rrip_t6i?L 1/1s1rd M. L. Ebert, Jr., ., D C=, t 2 ? KYLE S. SHEVLIN : IN THE COURT OF COMMON PLEAS ? PENNSY Ik Plaintiff : CUMBERLAND COUNTY , cn C , V. : NO. 10-3543 = zr, cc.; : CIVIL ACTION - LAW APRIL ZEIGLER _ , Defendant : CUSTODY/VISITATION PLAINTIFF/FATHER'S PROPOSED FINDINGS OF FACT AND NOW comes the Plaintiff/Father, Kyle S. Shevlin, by and through his attorney, John F. King, Esq., and proposes the following Findings of Fact: 1. Plaintiff, Kyle S. Shevlin, resides at 4177 Nantucket Dr, Cumberland County, Mechanicsburg, PA 17050, and is hereinafter referred to as "Father". 2. Defendant, April Zeigler, resides at 88 Regency Woods North, Cumberland County, Carlisle, PA 17015, and is hereinafter referred to as "Mother" 3. On May 27, 2010, Father filed a Complaint for Custody in which he sought primary physical custody of the parties' minor child, Natasia Shevlin, date of birth, March 30, 2002, age 8 years. 4. On the date of the subject child's birth, and for approximately the following two years, Father and Mother resided together with the subject minor child. 5. In 2004, the parties separated and Father departed the joint residence and began residing with his parents locally. 6. In August 2004, Mother met and began residing with Lucas Toot, her current live-in paramour. 7. Mother and her paramour, along with the subject minor child, and Mother and paramour's two other children, reside in a trailer owned by maternal grandmother. 8. Father has recently begun secure employment (a ten year contract) with Highmark Blue Shield at the Center Street facility. 9. Father is currently married to Caryn, who is employed at the same Highmark facility as Father. 10. Both Father and his wife, Caryn, have available to them a "flex time" schedule which allows them day-to-day flexibility in their start and finish time. Start time may begin anytime between 6:30 AM and 9:00 AM. 11. Father and his wife's work schedule is Monday through Friday, day shift, 7.5 hours per day. 12. Father and his wife live in a three bedroom townhome in Hampden Township with Justin, Caryn's 12 year old son. There is a large outdoor play area behind the residence. Both children have their own bedroom, all depicted in the pictures in Plaintiffs Exhibit 5. 13. Father and his wife, Caryn, have been in a relationship since 2004, and have resided together since their date of marriage on May 2, 2009. 14. The natural father of Caryn's son, Justin, is not involved in the boy's life and the Plaintiff/Father has provided a father figure for Justin since 2004. 15. Justin is in Sixth Grade in the Good Hope Middle School, Cumberland Valley School District, and is a well-adjusted, straight A student. 16. Both Father and his wife, Caryn, testified that school attendance and school work is of primary importance in their home. 17. Elementary school age children, (such as the subject child, Natasia) who reside in Father's neighborhood, attend the Hampden Elementary School, Cumberland Valley School District, which is located directly beside the Good Hope Middle School where Justin attends. 18. The Hampden Elementary School has exemplary standardized PSSA score testings, and their standardized score testing excel when compared to the Middlesex Elementary School scores, as evidenced by Plaintiffs Exhibit 2. 19. The subject child's current school (Middlesex Elementary School) and the elementary school near Father's home (Hampden Elementary School) are both in the Cumberland Valley School District. 20. Given Father and his wife's flextime schedule, they had no difficulty in providing before or after school care for Justin last year while he was in elementary school, nor this year in middle school, nor do they anticipate any problem with Natasia. 21. The child's primary residence with Father during the school year would not require before or after school to be provided by a third party, nor was such third party care required when the subject child was in Father's primary care for a ten day period during the child's Second Grade. 22. Father owns a motor vehicle, and Father is licensed to drive. 23. Father's wife owns a motor vehicle, and Father's wife is licensed to drive. 24. Mother does not own a motor vehicle, and Mother is not licensed to drive. 25. Mother has never been licensed to drive, and testified that the concept of driving scares her. 26. The subject minor child was subjected to significant school absences in the First Grade and while in Mother's custody, consisting of fourteen (14) absent days, (three of which were marked as unlawful), and four (4) separate tardy days, (one of them marked as unexcused, and the others marked as "running late" or "overslept"). See, Plaintiffs Exhibit 3 27. The subject minor child was subjected to significant school absences in the Second Grade and while in Mother's custody, consisting of twenty-one and a half (21 1/2) absent days, (three of which were marked as unlawful), and five (5) separate tardy days, (four of them marked as unexcused). See, Plaintiffs Exhibit 2. 28. Father became aware of the child's extensive absences in Second Grade when she reached twelve (12) absences and he brought this concern to Mother's attention. 29. Father testified that despite his concerns being raised, the number of absences of the child in Second Grade continued and reached twenty-one and a half (21 1/2) by May 2010. 30. Mother testified that the large number of child's absences has stopped in the Third Grade, which is the child's first school year subsequent to Father's filing of the Custody Complaint. 31. Father-and his wife both testified that the priority in their home has been school attendance and performance for Justin, and for the subject child during the ten day period of time she resided primarily with the Father during her Second Grade year. 32. Since the subject child's birth, Father has had significant, regular and ongoing periods of custody with her. 33. During the subject child's first two years, Father resided with the subject child and Mother. 34. During the first two years of the child's life, Father worked swing shift, and the child was co-parented by Mother and Father, particularly during those periods of time in which Father was home while Mother worked or slept. 35. After the parties' separation in 2004, Mother testified that the subject child resided at Father's home at least three weekends out of each month. 36. Mother classified the regular monthly visits with Father as two weekends with the child's paternal grandparents, and one weekend with Father, despite the fact that during all visitation periods, however classified, the subject child was at Father's residence which he shared with his parents. 37. Mother testified that she has a good relationship with paternal grandparents, and that they are loving, supportive figures in the subject child's life. 38. After the parties' separation in 2004, Father enjoyed extended periods of time with the child for various trips and social functions, as evidenced by Plaintiffs Exhibit 4, consisting of pictures of past events involving the subject child. 39. Father's current residence is near the Armitage Golf Course, and adjacent to the parks on Creekview Drive in Hampden Township. 40. The parks provide an extensive array of facilities for children and adults alike, including soccer fields, exercise equipment, play equipment, tennis courts, basketball courts, pavilions, sled riding facilities, and the like. 41. Neither Father nor his wife smoke, nor do they allow smoking in their home. 42. There is an extensive history of smoking in the Mother's home. 43. Mother has indicated that she quit smoking in May 2010, the same month that the Father filed the instant Custody complaint. 44. Mother testified that her paramour, Lucas Toot, continues to smoke in the home. 45. Mother testified that subsequent to the parties' separation there were some difficulties with telephone communication, and she further testified that she held great animosity toward Father, and that she may have had seven different phone numbers during a period of time subsequent to the separation. 46. Mother testified that she allows the subject minor child to ride in the front seat of her sister's vehicle. 47. Mother testified that due to the early work start time for her and her paramour, she carries the subject child next door to her sister's trailer, in which resides her sister, her sister's husband, and their five children. Mother testified that two younger children which she has with Mr. Toot are also carried over to sister's trailer. 48. Mother testified that the child is currently in a hip-hop dancing class and Brownies (the Brownies having started in October 2010), and further testified that she enrolled the subject child in both of these activities without speaking or communicating with Father beforehand. 49. Father testified that he has, in the past, spoken to Mother about the child's interest in soccer, and that Mother indicated she would take the steps necessary to enroll the child, which has not occurred. 50. In the case of travel, and in the case of emergencies, Mother must rely upon third parties since she does not own a vehicle, nor does she have driving privileges. 51. Father's wife, Caryn, testified she and Father have been in a committed relationship since 2004, and have resided together since May 2009 when they were joined in the bonds of matrimony. 52. Caryn testified that she is fully supportive of her husband, and that she has an excellent relationship with the subject minor child. 53. Mother's paramour, Lucas Toot, testified that he is in a stable relationship with Mother, and that despite being unmarried, he would never depart the parties' residence because of his love for his children. 54. Mr. Toot testified that he departed the marital residence in 2009 for approximately six months, due to a breakdown in the relationship between himself and Mother. Dated: November 12, 2010 Respectfully submitted, JOHN F. KING LAW, P.C. By: ?q?D Oohn F. King, Esqui e ID#61919 4076 Market Street Camp Hill, PA 17011 Attorney for Plaintiff/Father KYLE S. SHEVLIN, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. APRIL ZEIGLER, DEFENDANT NO. 10-3543 CIVIL ORDER OF COURT AND NOW, this 8th day of December, 2010, upon consideration of Kyle Shevlin's Emergency Petition for Special Relief; IT IS HEREBY ORDERED AND DIRECTED that April Zeigler shall file an Answer to the Emergency Petition on or before the close of business on December 15, 2010. Additionally, IT IS ORDERED AND DIRECTED that on or before the close of business on December 10, 2010, Mother, April Zeigler, shall provide to this Court the exact address of where she and the minor child, Natasia Shevlin, are residing. John King, Esquire Attorney for Plaintiff Fax: 695-2207 Jane Adams, Esquire Attorney for Defendant Fax: 241-2456 bas «s /Z q1 co mC'4 t 6E By the Court, ?? q, V, , M. L. Ebert, Jr., J. C) -< _- ? TRANSMISSION VERIFICATION REPORT TIME 12/08/2010 16:13 NAME FAX TEL SER.# BROJ5J344047 DATE,TIME 12/08 16:13 FAX NO./NAME 92412456 ?h? :00:16 PAGES 01 RESULT OK MODE STANDARD ECM KYLE S. SHEVLIN, : - IN THE COURT OF COMMON PLEAS OF PLAINTIFF :'CUMBERLAND COUNTY, PENNSYLVANIA V, APRIL ZEIGLER, DEFENDANT NO. 10-3543 CIVIL ORDER OF COUNT AND NOW, this 8t' day of December, 2010, upon consideration of Kyle Sheviin's Emergency Petition for Special Relief; IT IS HEREBY ORDERED AND DIRECTED that April Zeigler shall file an Answer to the Emergency Petition on or before the close of business on December 18, 2010. Additionally, IT IS ORDERED AND DIRECTED that on or before the close of business on December 10, 2010, Mother, April Zeigler, shall provide to this Court the exact address of where she and the minor child, Natasia Shevlin, are residing. By the Court, TRANSMISSION VERIFICATION REPORT TIME 12/08/2010 16:14 NAME FAX TEL SER.# BROJ5J344047 DATE,TIME 12/08 16:14 FAX N0./NAME 96952207 DURATION 00:00:18 PAGE(S) 01 RESULT OK MODE STANDARD ECM KYLE S. SHEVLIN, IN THE COAND C? N MMO NNSYLVANIA PLAINTIFF . CUMBERL V. APRIL ZEIGLER, DEFENDANT NO. 10-3543 CIVIL ORDER OF COURT AND NOW, this 8t*' day of December, 2010, upon consideration of Kyle Sheviin's Emergency Petition for Special Relief; IT IS HEREBY ORDERED AND DIRECTED that April Zeigler shall file an Answer to the Emergency Petition on or before the close of business on December 15, 2010. Additionally, IT IS ORDERED AND DIRECTED that on or before the close of business on December 10, 2010, Mother, April Zeigler, shall provide to this Court the exact address of where she and the minor child, Natasia Shevlin, are residing. By the Court, F ILED-OFFICE TIDE PROT!.{C? 0 , f , a 20!Q DEC -9 AEI 10: CC KYLE S. SHEVLIN,'E ?IS?'bbURT OF COMMON PLEAS OF Plaintiff : CUMBRLAND COUNTY PENNSYLVANIA V. : NO. 10 - 3543 CIVIL ACTION - LAW APRIL ZEIGLER, : IN CUSTODY Defendant RESPONSE TO PLAINTIFF'S EMERGENCY PETITION AND NOW COMES, the Defendant/Respondent, April Zeigler, by and through her attorney, Jane Adams, Esquire, and responds to Plaintiff's Petition for Emergency Relief: 1. Admitted. 2. Denied. Mother did not move twice. Mother was living at 88 Regency Woods North, Carlisle, Pennsylvania. On or about November 15, 2010, Mother was in the home and heard a popping sound and saw smoke in an electrical socket. She called an electrician, who advised extensive repairs were recommended on the electrical system in Mother's home. For the safety of the children in Mother's care, Mother moved into maternal grandmother's home at 783 Longs Gap Road, Carlisle, Pennsylvania. The home has four bedrooms and ample space. In January 2011, Mother anticipates finding another suitable home in Natasia's current school district. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted that Father and his Wife testified to such facts, however Mother does not support the characterizations or one-sided conclusions that Father seeks to support with this section. 6. [second #6 on Plaintiff's petition] Admitted. Mother is living in her Mother's home but only moved one time. 7. Admitted. Mother's current temporary residence is in Carlisle School District. Cumberland Valley found out about Mother's move because Father called the School District in an attempt to thwart her primary custody. Mother called Cumberland Valley School District and informed them of her temporary address. A representative of the school advised Mother that she has until January 18, 2011 to find a residence in the Cumberland Valley School District. She is planning on finding a residence before that date. 8. Admitted, however, the home is more than adequate to accommodate all of the persons currently living in the home. 9. Admitted. Mother may not be returning to her prior residence, depending on the repairs that need to be done. 10. Denied. Mother is continuing to transport the child to school in her former school district. It would not be in the best interest of the child to award Father primary custody, as Father continues to disparage Mother and refuses to cooperate with her or discuss issues regarding school or extracurricular activities. 11. Denied. Mother has continued to ensure the child's attendance at school and extracurricular activities since her move in November 2010. 12. Admitted, but the child was in first grade two years ago. The testimony at the November 2, 2010 hearing showed that the child was doing much better in school the past year, had a significantly better attendance rate, and that Mother understood and valued the importance of the child's education. 13. Admitted, but some of the absences were more than a year ago. The testimony at the November 2, 2010 hearing showed that the child was doing much better in school the past year, had a significantly better attendance rate, and that Mother understood and valued the importance of the child's education. 14. Admitted. Mother fully supports the child's attendance at school. 15. Admitted. The child was absent. Sunday night the child complained of a bellyache and was given some medication. On Monday morning the child reported to Mother that her stomach hurt so bad she could not move. Mother gave her some Tylenol and the child went back to sleep until 1:00 p.m. She did not eat until 5:00 p.m. Monday evening. On Tuesday, the child said that her stomach still hurt, but not as bad and that she could go to school. Mother texted Father at 6:46 a.m. on December 6th, 2010 and told him that the child was not going to school because of a belly ache. Father texted back "so you worked this weekend and then she was sick maybe she missed you too much." Father did not ask how the child was feeling or call or text again to ask about the child at any point during that day. 16. Admitted. Mother agrees that the stability of the child's day to day school and extracurricular activities is of great importance. 17. Denied. The school district allows the child to ride the bus to Mother's sister's home. The situation regarding the child's school and after school care is unchanged. 18. Admitted. 19. Admitted in part, denied in part. Mother does not smoke. The other people in Mother's home do smoke, but they do not smoke inside the home. WHEREFORE, Mother requests that this Honorable Court DENY Father's request for primary custody, this situation is not an emergency and a change of primary is not warranted. Respectfully submitted, Date: la ?? e Adams, Esquire 1. . No. 79465 7 West South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR MOTHER APRIL ZEIGLER VERIFICATION The averments in this petition have been reviewed with Mother telephonically, and she acknowledges that the facts stated therein are true and correct to the best of her knowledge, information, and belief. This verification is being signed by Attorney Jane Adams, who personally prepared this petition, on behalf of Mother due to the urgency of the issue. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: CERTIFICATE OF SERVICE AND NOW, this December 0, I, Jane Adams, Attorney for April Zeigler, hereby certify that a copy of Mother's RESPONSE has been duly served upon the Father's counsel by FAX and by placing such in the custody of the United States Postal Service, via certified mail, postage pre-paid addressed to: John King, Esquire 4076 Market Street Camp Hill, Pa. 17011 ATTORNEY FOR FATHER J e Adams, Esquire ,rp. No. 79465 7 W. South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR MOTHER APRIL ZEIGLER KYLE S. SHEVLIN, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. APRIL ZEIGLER, DEFENDANT NO. 10-3543 CIVIL IN RE: FATHER'S EMERGENCY PETITION FOR SPECIAL RELIEF PENDING RESOLUTION OF A CUSTODY COMPLAINT ORDER OF COURT AND NOW, this 16th day of December, 2010, upon consideration of Father's Emergency Petition for Special Relief Pending Resolution of a Custody Complaint and the Mother's Response thereto, and the Court having now issued a permanent custody order which provides for shared physical custody on a week on/week off basis. IT IS HEREBY ORDERED AND DIRECTED that the Emergency Petition for Special Relief Pending Resolution of a Custody Complaint is DENIED as now being moot. By the Court, J?in9, Esquire Attorney for Plaintiff ,--J1ane Adams, Esquire Attorney for Defendant bas r? ?o v -4 0 (71 C) rn? -? m o , so o-n on ern n 18S /Ylai(qr-L KYLE S. SHEVLIN, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA 0 V. r? -n APRIL ZEIGLER, ?E::o -urn DEFENDANT NO. 10-3543 CIVIL;, ::cc:) C) IN RE: CUSTODY -6 z c ?rn ORDER OF COURT 3> AND NOW, this 16th day of December, 2010, upon consideration of the Pla intiffs Petition for Modification of Custody, and after hearing, the following Order is entered: 1. Legal Custody: Mother and Father shall have shared legal custody of their minor child, Natasia Shevlin, born March 30, 2002. Major, non-emergency decisions concerning the child, including but not necessarily limited to, the child's health, welfare, education and religious training shall be made by them jointly, after discussion and consultation with each other, with a view towards obtaining and following a harmonious policy in the child's best interests. Day to day decisions shall be the responsibility of the parent then having physical custody. The parent having physical custody at the time of any emergency shall be permitted to make any immediate decisions necessitated by the emergency. However, that parent shall inform the other of the emergency and consult with him or her as soon as practical. In accordance with 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, and the resident address of the child and of 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. 2. Physical Custody: Except for the Christmas Holiday portion of this Order which will take effect immediately, the parties shall share physical custody on a week on/week off basis beginning on January 7, 2011. Custody exchanges will take place each Friday after school or no later than 5:00 p.m. on those Fridays when school is not in session. 3. School: The child shall remain enrolled in the Middlesex Elementary School for the 2010-2011 school year. Beginning in the 2011-2012 school year, the child will be enrolled in the Hampden Elementary School. 4. Telephone: In the spirit of being an accommodating parent with a nurturing obligation to encourage the child's relationship with the other parent, both parents shall allow and foster reasonable telephone contact between the child and the out of custody parent and no reasonable request by the child or parent for a telephone conversation shall be unreasonable denied. 5. Transportation: The Father shall provide all transportation. 6. Christmas Holiday: Christmas shall be divided into two segments. Segment 1 shall be from December 24 at 1:00 p.m. through December 25 at 1:00 p.m. Segment 2 shall be from December 25 at 1:00 p.m. through December 26 at 1:00 p.m. Mother shall have custody of the child for Segment 1 in even numbered years and Segment 2 in odd numbered years. 2 Father shall have custody of the child from Segment 1 in Odd numbered years and Segment 2 in even numbered years. 7. Thanksgiving: Thanksgiving shall be divided into two segments. Segment 1 shall be from 3:00 p.m. the Wednesday before Thanksgiving until 3:00 p.m. on the Friday following Thanksgiving. Segment 2 shall be from 3:00 p.m. on the Friday after Thanksgiving until 3:00 p.m. the Sunday after Thanksgiving. Father shall have custody in Segment 1 in even numbered years and Segment 2 in odd numbered years. Mother shall have custody of the child for Segment 1 in odd numbered years and Segment 2 in even numbered years. 8. Mother's Day and Father's Day: Mother shall have custody on Mother's Day and Father shall have custody on Father's Day from 10:00 a.m. until 8:00 p.m. 9. Parents' Birthdays: The parent shall cooperate in allowing the child to spend a reasonable time with each parent on that parent's birthday so that the child can go to dinner or some other activity with the parent having the birthday. 10. Other Holidays: Except for Thanksgiving and Christmas, the parent having physical custody for the week during which a holiday occurs shall have custody for that holiday. 11. Summer Vacation from School: The one week on/one week off schedule shall remain in effect through the summer vacation except for adjustments as the parents may agree to from time to time to allow for special trips or vacations. 3 12. Cooperation and Non-Disparagement: The parties shall, from time to time, agree to other changes or modifications to the custody schedule as may be necessary in order to enable both parents to continue to foster and develop a good and health relationship with the child. The parties shall cooperate with one another to encourage the child's relationship with the other parent and shall refrain from any and all conduct, activity or communication which would adversely affect the child's relationship with either parent. Neither party shall make disparaging comments about the other in from of the children nor will they permit any other relative or person to do so. The parties shall not involve the child in any of the disputes concerning her, including but not limited to financial matters, nor should they allow third parties to do so. 13. During any period of custody or visitation, the parties to this Order shall not possess or use controlled substances or consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this prohibition. 14. Neither party will smoke cigarettes or other tobacco products, nor allow others to smoke, in the presence of the child. ?John King, Esquire -,-?torney for Plaintiff ecp ! e, rnaL (U ! 4(c. PC) By the Court, 4 '*, ? M. L. Ebert, Jr., J. ??? ??A \/ Jane Adams, Esquire Attorney for Defendant