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HomeMy WebLinkAbout04-3842 BERNADETTE M. YOUNG, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVil ACTION - lAW JEFFREY WilLIAM YOUNG, Defendant NO. ,ji-f / 31"12- IN CUSTODY COMPLAINT FOR CUSTODY AND PETITION FOR RELOCATION OF MINOR CHILD AND NOW comes the above-named Plaintiff, BERNADETTE M. YOUNG, by her attorney, Samuel L. Andes, and makes the following Complaint and Petition for Relocation in this matter: 1. The Plaintiff is BERNADETTE M. YOUNG, an adult individual who resides at 2228 Canterbury Drive in Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is JEFFREY WilLIAM YOUNG, an adult individual who resides in 2228 Canterbury Drive in Mechanicsburg, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant are husband and wife, having been married on 16 May 1987. 4. The Plaintiff and Defendant are the parents of one minor child, Kiersten M. Young, age 10, born 2 October 1993. 5, Plaintiff seeks an award of 6. The child was not born out of wedlock and at the time of this Complaint, the child resided with both parents at the marital residence and in the joint legal and physical custody of both parents. 7. During the past five years, the minor child has resided with the following persons at the following addresses: 1998 to early August 2004 2228 Canterbury Drive Mechanicsburg, PA Plaintiff & Defendant early August 2004 to present 2228 Canterbury Drive Mechanicsburg, PA primarily with Plaintiff Philadelphia, PA 8. The Plaintiff has not participated as a party or in any other way in any litigation concerning the custody of the child in this or any other court. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this or any other jurisdiction. Plaintiff knows of no other person not a party to this action already who has physical custody of or claims to have custody or visitation rights to the said child COUNT I - COMPLAINT FOR CUSTODY Plaintiff incorporates herein by reference the averments set forth in the preceding paragraphs. 9. The best interests of the parties' minor child will be served by awarding primary physical custody of the child to the Plaintiff, for the following reasons: A. Plaintiff has been the primary care provider for the child since her birth; and B. The Plaintiff and the child have a much closer and more loving relationship than does the Defendant with the child; and C. The Defendant has demonstrated, by his conduct, an inability to properly care for and to meet the needs of the child; and D. Defendant is not able to provide financially for the child because he has failed and refused to obtain and maintain employment or otherwise generate income; and E. The child's best interests will be served by continuing the child in the primary care of Plaintiff. WHEREFORE, Plaintiff prays this court to aware the parties shared legal custody of the child, to award her primary physical custody of the child, and to set a schedule of the Defendant's temporary custody of the child. COUNT II - PETITION TO RELOCATE 10. The averments set forth in the foregoing paragraphs of this Complaint and Petition are incorporated herein by reference. 11. Defendant has failed or refused to hold employment for a period of two and a half years. As a result, the parties have not been able to meet their living expenses and their financial obligations. 12. For the past two and a half years, Defendant has borrowed money and incurred substantial debt for the parties rather than hold employment and generate 1\ I income. In addition, the Defendant has squandered and misspent the assets of the parties, thereby rendering their financial condition desperate and insolvent. 13. As a result of Defendant's financial misconduct and mismanagement, the parties face the loss of their home and their other assets and the prospect of financial embarrassment. 14. Plaintiff is not able to earn, through her employment, sufficient income in this area to meet the financial needs of herself and the child. 15. Plaintiff desires to move to the Philadelphia, Pennsylvania, area and live there with the child. She believes such a move will be in the best interest of the child for many reasons, including: A. Plaintiff will be able to obtain more gainful employment and increase her earnings in the Philadelphia area; and B. Plaintiff will have the financial assistance of her large family, including her mother and her siblings, to assist her in these difficult financial times; and C. Plaintiff will have the emotional and personal support and assistance of her family, who can assist her in caring for the child and meeting her other personal and financial needs until she can recover from the financial disaster caused to the parties by Defendant's failure to work; and D. Moving to Philadelphia will enable Plaintiff and the child to have a new start. away from the embarrassment of the financial difficulties cause by Defendant and the potential loss of their home and other assets through foreclosure; and E. The child will be close to her aunts, uncles, grandmother, and cousins with whom she enjoys a strong bond. 16. Plaintiff and the child have no close family or other connection to the Central Pennsylvania area. Now that they are facing the loss of their home and other assets, there is no reason, financial or personal, for the child to remain in Central Pennsylvania. 1 7. Allowing the child to relocate with Plaintiff will continue the close family relationship between the mother and daughter with a minimal disruption. The Defendant's needs to see the child and spend substantial time with her can easily be met by the court designing a custody schedule, either here or in Philadelphia, which will assure the Defendant adequate time with the child. II ' \ WHEREFORE, Plaintiff prays this court to award her primary physical custody of the minor child and to grant her request that she and the child relocate to Philadelphia, Pennsylvania. I L. Ande Attorney for Plaintiff Supreme Court 10 # 17225 525 North 12th Street Lemoyne, Pa 1 7043 (717} 761-5361 II I I verify that the statements made in this document 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: .t/ ~ fty ~ c i/??~ h. t:y~ ERNADETTE M. YOUNG(J ;; ~ ~ ~ )\::, \'\ ~ -- - - c,. \) \ 0- ~ "\ ~ -t.. CJ ~ r (' C'-. __ ~::;), C) ,,) "'n ,- '-"1 ,'" ';'i -'~:(,.:),\\(~ ~ ,:\'''',---':} , ,) . ,:,i ,"- (q .',1 BERNADETfE M, YOUNG PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V, 04-3842 CIVIL ACTION LAW JEFFREY WILLIAM YOUNG DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, August 11, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective cOlmsel appear before Melissa P. Greevy, Esq. at 301 Market Street, Lemoyne, PA 17043 on Monday, September 27, 2004 , the conciliator, at 1:00 PM 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. 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 hearinl!;. FOR THE COURT, By: Isl Melissa P. Greevy, Esq. Custody Conciliator mhc The Court of Common Pleas of Cumberland County is requin:d 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 oftice. 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 TIlE OFFICE SET FORTIl 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 ~ ~ '1- ~ ~ hO-l/3 # ~ ~ ~ ),(l'llJ ~ ~ L r-~ .""..", ~--J<"Q /Jr/ -llp ~/u..)\/;!~. '-'\ !'.- J I ".1...... _~ ~./I .! ,.:-, "Id-'~" 1'''.,Lj\i/ (,r'" ''',\ .. ','>_~::: , ,--,~~-"/lnO OS:2 "':1 I J ~ " :Jnv IIDUZ AUT/it-".t,-, ' , '-"4,;"uHLu'''Hr! :JHl " J('\ '-.... --I .:JO ::;vl:1,~O-{)3iq ., BERNADETTE M. YOUNG, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUJ'I!TY, PENNSYLVANIA vs. NO. 04-3842 JEFFREY WILLIAM YOUNG Defendant CIVIL ACTION - CUSTODY TEMPORARY ORDER OF COURT AND NOW, this day of September 2004, pursuant to the Emergency Petition for Custody filed hereto, it is hereby ORDERED that Petitioner, Jeffrey Young, shall be granted immediate physical custody of the minor child as ofthe date of this Order, and Respondent, Bernadette Young, shall be allowed supervised visits with said child until a Hearing is scheduled in this case, which will be scheduled for , 2004, at the Cumberland County .m. on Courthouse, One Courthouse Square, Carlisle, Pennsylvania. BY THE COURT: J. BERNADETTE M. YOUNG, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 04-3842 JEFFREY WILLIAM YOUNG Defendant CIVIL ACTION - CUSTODY ORDER OF COURT AND NOW, this _ day of , 2004, upon consideration of the attached Petition, it is hereby directed that the above parties and their respective counsel appear before - , Esquire, the conciliator, at , Pennsylvania on the day of , 2004 at .m., 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. Either party may bring the child who is the subject of this custody action to the Conference. Failure to appear at the Conference may provide grounds for the entry of a temporary or permanent Order. For the Court, Date of Order: By: Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THE CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 1-800-990-9108 BERNADETTE M. YOUNG, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 04-3842 JEFFREY WILLIAM YOUNG Defendant CIVIL ACTION - CUSTODY EMERGENCY PETITION FOR CUSTODY 1. Plaintiff/Respondent is Bernadette M. Young ("Respondent") who is currently believed to be residing at 9209 Pilgrim Lane, Philadelphia, Pennsylvania. Respondent is the natural mother of the Minor Child identified in paragraph 3 below. 2. DefendantlPetitioner is Jeffrey W. Young ("Petitioner") whose current address is 2228 Canterbury Drive, Mechanicsburg, Cumberland County, Pmnsy1vania. Petitioner is the natural father of the Minor Child idmtified in paragraph 3 below. 3. The child who is the subject of this proceeding is Kiersten M. Young, born October 2, 1993 (the "Minor Child"). The Minor Child was born during the marriage of Petitioner and Respondent. 4. During the entire life of the Minor Child, the Minor Child has resided with the following persons and at the following addresses: NAME ADDRESSES DATES Petitioner; Respondent 2228 Canterbury Drive Mechanicsburg, P A 11/95 - present 5. Other than the Complaint for Child Custody filed by Respondent on August 5, 2004, Petitioner 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. This matter was scheduled for a Custody Conciliation for September 27, 2004, at 1 :00 p.m. with Melissa Greevy, Esquire. Petitioner has no information of a custody proce(~ding concerning the children pending in a Court of this Commonwealth, other than as captioned above. Petitioner does not know of a person not a party to these proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 6. The best interest and permanent welfare of the Minor Child wiJI be served by granting the relief requested because the Petitioner can provide a stable, safe, and secure environment and can provide for the child's emotional, psychological and spiritual needs. Further, the child views the Petitioner as a source of stability, a source of love, and a source of emotional support. 7. On September 2, 2004, Respondent separated from Petitioner. Respondent removed the Minor Child from the marital residence at this time as well. 8. Petitioner believes and therefore avers that Respondent moved the Minor Child to Philadelphia, Pennsylvania without his consent or Court Order. 9. 'Respondent removed the Minor Child from the only home and only school that she has known without regard for the best interests of the Minor Child. 10. Respondent failed to take the Minor Child to school on September 3, 2004 and September 7,2004. 11. Petitioner believes and therefore avers that Respondent plans to enroll the Minor Child in St. Jerome's Parish Elementary Schoo!. Respondent p1aclls to take such action without Petitioner's consent; court approval; and without taking into consideration the best interests of the Minor Child. 12. Respondent has removed the Minor Child from the marital home and from this jurisdiction without the consent of Petitioner on several prior occasions. Petitioner believes and therefore avers the Respondent may again remove the Minor Child from this Court's jurisdiction if given the opportunity. Accordingly, Petitioner requests that Rf:spondent be granted supervised visitation only. 13. The Minor Child has lived with the Petitioner at 2228 Canterbury Drive, Mechanicsburg, Pennsylvania for most of her life. Moreover, the Minor Child has attended school in the Upper Allen School for her entire academic career and has established deep friendships, and important relationships with her teachers, neighbors and fellow students. The relationships and friendships have provided the Minor Child with a stable living and learning environment which has been seriously jeopardized by Respondf:nt's rash actions. 14. The Minor Child while living with Petitioner was active in both her church and community. Such activities include: cheerleading for St. Joseph's Pee Wee Football Association, piano lessons, Girl Scouts, CCD classes at St. Joseph's, and church choir at St. Joseph's. 15. Petitioner believes and therefore avers that Respondent, as a result of her move to Philadelphia, took a job without health benefits. Such action was taken without regard for the best interests of the Minor Child as Respondent's employment with the Mechanicsburg School District provided such benefits. 16 . Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been nanled as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the children have been given notice of the pendency of this action and the right to intervene: None. WHEREFORE, Petitioner, Jeffrey Young, respectfully requests this Honorable Court to grant immediate custody of the Minor child to, Petitioner, Jeffrey Young, grant Petitioner immediate physical custody of Kiersten Young and such other Orders as are deemed just and proper. Respectfully submitted, VAN ECK & VAN ECK, P .C. Date: Q-'l-b4 ~. ~ VOJLfcJ Melissa L. Van Eck, Esquire Attorney ID No.: 85869 7800 A Allentown Blvd. Suite B. Harrisburg,PA 17112 (717)540-5406 VERIFICATION I, Jeffrey Young, verify that the statements made in the foregoing Emergency Petition for Custody is true and correct to the best of my knowledge, information and 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. Date: 9/7A<; )~? ~~ r:=-\) 85 ~ ,~ \ r-- t:::}:' .-r'\ gL -. ~ r-- "'" cd.. "'''-.- -..-". )>f; ~, :::< \) f~ .r- eo "> = c::";:) .c- (/) r"r", -0 I ...., o " :e", nl_ -or;:; :i)O r ~ l >:~(J :,r: =+1 C2c)' ~~rn ~~:~ .::< v ::r (J. SEP 0.:(20041 BERNADETTE M. YOUNG, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 04-3842 JEFFREY WILLIAM YOUNG Defendant CIVIL ACTION - CUSTODY RULE TO SHOW CAUSE AND NOW, this L day of September, 2004, a Rule is issued upon Plaintiff, Bernadette Young to show cause, if any she has, why Defendant's Emergency Petition for Custody should not be granted. Rule returnable 15 days from service. BY THE COURT: . /7j 1. fJ~~ -R~ -io --tV)J....t.-. ~. ~ ~/ ~. 6>; ~-'Wl.y~ : c.5~r. 0 ~. t2--J-/ ~. 11 c:... 0 --.f. - qh/...~ (t-- CJ ...., 0 = c = " .r- ":"-" <.n .-< -r}(j' I,..., r,-:r' f"'1 ~~ Z~}:' -0 7'f I ::75 "_-' :0 ..... C) r:: =?-r, :7":; -0 6-'" ~~3 ::ll: '7~ ';:~:: n N ~ ~ h "6 <::> (J1 -< 1/ BERNADETTE M. YOUNG, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW JEFFREY WILLIAM YOUNG, Defendant NO. 04-3842 IN CUSTODY NOTICE TO DEFENDANT NAMED HEREIN: YOU ARE HEREBY NOTIFIED TO RESPOND TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. S~~~ Attorney for Plaintiff Supreme Court 10 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 II BERNADETTE M. YOUNG, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW JEFFREY WILLIAM YOUNG, Defendant NO. 04-3842 IN CUSTODY ANSWER TO DEFENDANT'S EMERGENCY PETITION FOR CUSTODY AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and makes the following Answer to the Defendant's Emergency Petition in this matter: 1 through 4. Admitted. 5. Admitted. By way of further answer, however, Plaintiff incorporates herein, by reference, the averments set out in her New Matter. 6. Denied. Plaintiff denies that Defendant can meet the needs of the child or provide a stable, safe, and secure environment for her and incorporates herein, by reference, the averments set out in her new Matter. 7. Denied. The parties had effectively separated long before 2 September 2004. In early September, Plaintiff went to live in Philadelphia with her family because of the misconduct of the Defendant and she took the child with her. The averments set out in Plaintiff's New Matter are incorporated herein by reference. 8. Admitted. By way of further answer, however, Plaintiff incorporates herein, by reference, the averments set out in her New Matter. 9. Denied as stated. The child has spent substantial time in Philadelphia with Plaintiff and her family in the past, is comfortable there, and prefers to live there with Plaintiff. The averments set forth in Plaintiff's New Matter are incorporated herein by reference. 10. It is admitted that Plaintiff did not take the child to school in Cumberland County on those dates but that is because the child has been enrolled in school in Philadelphia and will attend there. 11. Admitted. By way of further answer, however, Plaintiff states that she took whatever reasonable action she could to obtain court approval, or the consent of the II Defendant, before she enrolled the child in school in Philadelphia. The averments set out in Plaintiff's New Matter are incorporated herein by reference. 12. Denied. Taking the child to Philadelphia on a temporary basis, until the custody matter can be resolved, is not removing the child from this court's jurisdiction. Moreover, Plaintiff is the party who commenced this action and placed the issue of the child's custody firmly in the hands of this court. Plaintiff has not taken any action which is injurious to the child and there is no basis to limit her contact with the child. To the contrary, it is Defendants whose misconduct has disrupted the child's life. The averments set forth in Plaintiff's New Matter are incorporated herein by reference. 13. Denied as stated. The child has resided primarily in the care and custody of the Plaintiff. Plaintiff is the parent that has provided for most of the child's needs and is the parent who can continue to provide for those needs. The child has developed closer relationships to the Plaintiff and her family than she has with her classmates or with the Defendant. The child enjoys a stable home only because of the Plaintiff's care for her. The averments set out in Plaintiff's New Matter are incorporated herein by reference. 14. It is admitted that the child had various activities while she resided in Cumberland County. Plaintiff was responsible for arranging most of those activities and getting the child to and from those activities. The Defendant played no significant part in those activities. The averments set forth in Plaintiff's New Matter are incorporated herein by reference. 15. Denied as stated. Plaintiff has made adequate arrangements to care for the child, including health care coverage. It is the Defendant who has failed, by not holding gainful or regular employment for a long time, to provide for the child's needs. WHEREFORE, Plaintiff prays the court to deny Defendant's Emergency Petition and to allow this matter to proceed in accordance with Plaintiff's original Complaint or, in the alternative, to award Plaintiff primary physical custody of the child pending further action in this case. II NEW MATTER By way of further answer, Plaintiff submits the fOllowing New Matter: 17. Since the birth of Kiersten, the child which is the subject of this litigation, Plaintiff has been the primary provider of the child's care. Plaintiff has been the parent who has been most engaged in providing for the child's needs and in providing the child with a comfortable and suitable home. 18. Defendant has distanced himself from the family. He has engaged in extra marital relationships with at least one other woman, has absented himself from the home for long periods of time to be with the other woman, and has generally neglected his parental duties with regard to Kiersten. 19. Defendant has failed to make significant financial contributions to the needs of the family by failing appropriate or regular employment for approximately two and a half years. During that time, Plaintiff has provided the primary income to meet the family's needs. 20. As a result of Defendant's failure or refusal to hold appropriate employment or to contribute financially to the family, the parties have incurred debts which substantially exceed the value of their assets. Because Defendant has failed to make an appropriate financial contribution to the family, they are not able to pay their debts and face the loss of their home, and perhaps other important assets, through default and foreclosure. 21. Defendant has become verbally abusive to Plaintiff in the presence of the child and his conduct has frightened the child. As a result of Defendant's conduct, she is fearful of Defendant and unwilling to be alone with him.. 22. Plaintiff commenced this action by filing a Complaint on 5 August 2004 requesting this court to grant her primary physical custody of Kiersten and to authorize her move, with the child, to Philadelphia. To date, no hearing or conciliation conference has been held on that petition. 23. Plaintiff's petition was assigned to Melissa Greevy, Esquire, to conduct a conciliation conference. The conciliator scheduled a conference for 27 September 2004 II and, at the request of Plaintiff's counsel, agreed to advance the date to 31 August 2004. Defendant, however, declined to cooperate so that the conference could be advanced and instead insisted that the conference not be held until 27 September 2004. As a result, this court's opportunity to address and resolve the relocation issue prior to the commencement of school was denied. 24. It is in the best interest of the child Kiersten to remain in the primary physical custody of Plaintiff. It is in the child's best interest to move with the Plaintiff to Philadelphia and enroll in school there, where she will have the support, both emotional and financial, of Plaintiff and Plaintiff's extended family. 25. Defendant, by his conduct, has demonstrated a lack of concern for the child's best interests and is only interested in using this custody action to compel Plaintiff to return to the Cumberland County area where she can continue to contribute financially to his support. ~C(IJ~ Samuel L. Andes Attorney for Plaintiff Supreme Court JD # 17225 525 North 12'h Street Lemoyne, Pa 17043 (717) 761-5361 J verify that the statements made in this document 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: fj5~7 , / /L~)J;. ~ ~DETTE M. YOUNV (') -'" C') "., c:::> ~;} o -n :-;! C'J \ f'.) C") BERNADETTE M. YOUNG, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA vs. NO. 04-3842 JEFFREY WILLIAM YOUNG Defendant CNIL ACTION '. CUSTODY AND NOW, comes, Defendant, Jeffrey William Young, by and through his attorney, and RESPONSE TO NEW MATTER files the within Response to New Matter and in support thereof ,avers as follows: 17. Denied. To the contrary both parties have shared in the responsibilities with regard to the care of the minor child. By way of further response, Defendant worked in the residence for at least seven (7) years. During this time, Defendant took primary responsibility for family care such as, but not limited to, meal preparation as well as other responsibilities for the minor child. 18. Denied. It is specifically denied that Defendant distanced himself from the family. To the contrary, Defendant Participated in maniage counseling in an attempt to bring the family closer together. It is specifically denied that Defendant has ever left the family or marital residence for any period of time exceeding a weekend. 19. Denied as stated. It is admitted that Defendant has been unemployed due to a lay off for two and one-half years. During this time, Defendant took steps to procure unemployment compensation and to seek other employment. Defendant has been responsible in maintaining al1 of the parties' financial obligations during this time. During the two years that Defendant has been unemployed, Plaintiff was employed with the Mechanicsburg School District. Plaintiff received a minimal salary, however, her health benefits were the most important contribution to the family that she provided. Plaintiff has since voluntarily quit this job for employment that does not provide health insurance for at least three months. 20. Denied. It is specifical1y denied that the parties have incurred debts which substantial1y exceed the value of their assets. It is specifical1y denied that the parties are not able to pay their debts and face the loss of their home and other assets through default and foreclosure. To the contrary, Defendant has maintained all of the parties financial obligations during this time. By way of further response, Plaintiff has not assisted in meeting the financial burdens. Plaintiff recently quit her job with the Mechanicsburg School District to move to Philadelphia to take a lower paying job. Plaintiff's actions have left the parties and the minor child without health insurance. 21. Denied. To the contrary, Plaintiff is the one who j;ntentionally argues with Defendant in front of the minor child despite Defendant's attempts to limit such actions in front of the child. By way of further response, it is specifically denied that the child is fearful of Defendant. To the contrary, the child is excited to speak with and spend time with Defendant and has repeatedly made requests to spend time with Defendant which have been denied by Plaintiff. 22. Admitted with clarification. It is admitted that this action commenced on August 5, 2004, and that no hearing or conciliation conference has been held to date. However, it should be noted that neither Plaintiff nor her counsel made any specific request to have this matter heard by the court prior to her move. 23. Denied as stated. It is admitted that Plaintiff's counsel requested an earlier conciliation date and that Defendant did not concur with such. However, neither Plaintiff nor her counsel requested a relocation hearing with the Court prior to Plaintiff's move. Such a request could have been addressed by the court prior to school starting, but no such request was made. 24. Denied. It is specifically denied that the minor child's best interest is to remain in the primary custody of Plaintiff. While in the care of Plaintiff; Defendant has been repeatedly denied access to the child. Furthermore, Plaintiff and her family have repeatedly proceeded to hang up on Defendant when he attempts to contact the child via telephone. Such actions have repeatedly taken place in front of the child. By way of further response, Defendant is the best person to care for the child because he was the primary care giver when the parties resided together. Furthermore, Defendant would not attempt to alienate: Plaintiff from the child as she has alienated him. 25. Denied. To the contrary, Plaintiff's lack of concern for the child is demonstrated by her complete disregard for Defendant's relationship with the I~hild when she arbitrarily moved the child to Philadelphia without either Defendant' or the court's consent. By way of further response, Defendant does not wish to compel Plaintiff to return to Cwnber1and County. Defendant has only requested that the child be return the only home and school that she has known for the last nine (9) years. WHEREFORE, Defendant, Jeffrey William Young, n:spectfully requests this Honorable Court to grant immediate custody of the Minor child to, Defendant, grant Defendant immediate physical custody of the Minor Child and such other Orders as are deemed just and proper. Respectfully submitted, VAN ECK & VAN ECK, P.C. , Date: t?-;;q-~ !dtu~ rY 01< ~ f Melissa 1. Van Eck, Esquire Attorney ID No.: 85869 7800 A Allentown Blvd. Suite B. Harrisburg, P A 17112 (717)540-5406 VERIFICATIOl'[ I, Jeffrey Young, verify that the statements made in the foregoing Response to New Matter is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subjf:ct to the penalties of 18 Pa. C.S. 94904, relating to unsworn falsification to authorities. Date: :;~7~.y CERTIFICATE OF SERVICE I, Melissa L. Van Eck, Esquire, counsel for Jeffrey Young, Defendant in the above- captioned action, hereby certify that a true and correct copy of the foregoing Response to New Matter was served upon Bernadette Young, by depositing sam'~ in the United States mail, first class, on September ~ 2004, addressed as follows: Samuel Andes, Esquire 525 North 12th Street Lemoyne, P A 17043 (Attorney for P1aintift) Date: q,;}q.tJLj By: !iM~ cI f6 & Melissa L. Van Eck, Esquire Attorney I.D. #85869 7800 A Allentown Blvd. Suite B. HarrisbUJrg, P A 17112 (717)540-5406 L~ L -~ -< "" c-;:) C:::') .J;;- o " --I :r: -n nl-- r" -om B~ :?~ n:n :'2:0 ('5m 1;! ~u -< (/) r-r1 -'" (Al C) -0 ::Ji:: Y? (',..) co Plaintiff '\!;P 2 ~ 2004 6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA NO. 04-3842 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY BERNADETTE M. YOUNG, v. JEFFREY WILLIAM YOUNG, Defendant HESS, J.-- TEMPORARY ORDER OF COURT AND NOW, this 1.4-1:. day of (Q if,J~ ' 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. A hearing is scheduled in Bourtroom Number 4 of the Cumberland County Courthouse, on the {71:1J day of n~./1/, 2004, at q: 3 C) o'clock .Lt..M., at which time testimony will be taken. For the purposes of the hearing, the Mother, Bernadette M. Young, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. BY THE COURT:J .4- Dis!: ..Bamuel L Andes, Esquire, PO Box 166. Lemoyne, PA 17043 .M8lissa L Van Eck, Esquire. 7600-A Allentown Blvd.. Suite B. Harrisburg, PA 17112 \j t \v , SEP 1 8 1004 {. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA NO. 04-3842 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY BERNADETTE M. YOUNG, v. JEFFREY WILLIAM YOUNG, Defendant HESS, J. --- TEMPORARY ORDER OF COURT AND NOW, this , .. day of Oc.hi,<t , 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Leaal Custody. The parties, Bernadette M. Young and Jeffrey William Young, shall have shared legal custody of the minor child, Kiersten M. Young, born October 2, 1993. 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 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. 2. phvsical CustodY. Mother shall have temporary primary physical custody of the minor child subject to Father's rights of partial custody which shall be arranged as follows: A. Effective October 1, 2004, on alternating weekends from Friday at 6:00 p.m. until Sunday at 5:00 p.m. B. The parties will share transportation responsibility incident to custodial exchanges by meeting at the McDonalds restaurant at the Morgantown exit off the Pennsylvania Turnpike. 3. matter. Cumberland County Court of Common Pleas shall retain jurisdiction of this '11N\'?\lASt\fN3d "rdnri' -! r:u"""'::,;,','n'"' /\l. ~, 1,,-_ -.' \,' -,'.- :.. _:'...,.. h..J !. ~ :8 Wd 1- 1:30 ~DVl A.dvl(X\jCH10od 3Hl :10 3J:,:!;!O-{]31!:1 NO. 04-3842 CIVil TERM 4. Teleohone Contact. Mother will have the child contact the Father on his cell phone for private telephone calls twice weekly, commencing the week of September 27, 2004. 5. The parents will reassure the child that the parents have worked out a temporary plan so that the child will have regular contact with Father on alternating weekends. 6. Holidays. The following temporary holiday schedule shall supersede the regular schedule: A. Thanksaivina. Father shall have custody for Thanksgiving 2004 from November 24, 2004 at 6:00 p.m. through November 26, 2004 at 6:00 p.m. Mother will have custody for Thanksgiving from November 26, 2004 at 6:00 p.m. through November 28, 2004. Father's alternating weekend schedule shall commence December 3, 2004. B. Christmas. Mother shall have custody for Christmas from the time of school dismissal through December 26, 2004 at 6:00 p.m. Additional sharing of the Christmas 2004 school recess will be as directed by further Order of Court or mutual agreement of the parties. BY THE COURT: Dis!: ....5a'~uel L Andes, Esquire, PO Box 168, Lemoyne, PA 17043 .c,.MefiSsa L Van ECk, Esquire, 7800-A Allentown Blvd., Suite B, Harrisburg, PA 17112 ;1iL ~ /()-O/-O{ ..- '" ,'"' , '. VrNI;j^lASN~,rjd Ilt..:/i(}'l n~>l\-~-;-,;~ql:~ln""" I\..J.I\.I~.._".." <-,-,.-~'H..J L ~ :S Hd I - DO ~aoz ^d\ilOIK):";lOL~d :]Hl :lO 3J~:!.:!O-{Jji:j BERNADETTE M. YOUNG, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW 04-3842 CIVIL JEFFREY WILLIAM YOUNG, Defendant IN CUSTODY ORDER AND NOW, this ," day of October, 2004, following conference with counsel and by agreement ofthe parties, the undersigned finds that Cumberland County has jurisdiction of the custody dispute in this matter and, in accordance with the order of the Honorable Robert J. Matthews dated September 28, 2004, the jurisdiction of the Philadelphia County Court of Common Pleas with respect to the issue of custody is relinquished, A temporary order of custody is entered of even date herewith. BY THE COURT, The Honorable Robert J. Matthews .,.Melissa L. VanEck, Esquire F or the Defendant >~ .,...81Ullue1 L. Andes, Esquire For the Plaintiff :r1m \j{t\JVA7ASiVNjd "f"nO~1 ,~" "CC:~r-",..,'"l "'U VI 1,_ ".'.'--;:'->'~f~t 'V L? :t: i{d J - lJa ;DOZ liNiONOH10dd 3111 :10 :KX,{~O-o:n!.-J SEP 2 6 2001( BERNADETTE M. YOUNG, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3842 CIVil TERM CIVil ACTION - LAW IN CUSTODY v. JEFFREY WilLIAM YOUNG, Defendant 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 THE CUSTODY OF Kiersten M. Young October 2,1993 Mother 2. The parties first Custody Conciliation Conference was held on September 27, 2004 following Mother's filing of a Complaint for Custody and Petition for Relocation of Minor Child on August 5, 2004. There was an attempt to schedule the matter more promptly. However, Father objected to the August 30, 2004 scheduling date. Subsequent to the initial filing of the Complaint, counsel for Father filed an Emergency Petition for Custody on September 7, 2004 through his new counsel. On September 7, 2004, Judge Hess issued a Rule to Show Cause, returnable within 15 days from service. Plaintiff's counsel filed an Answer which was verified on September 15, 2004. Present for the conference were: the Mother, Bernadette M. Young, and her counsel, Samuel L. Andes, Esquire; the Father, Jeffrey William Young, and his counsel, Melissa l. Van Eck, Esquire. 3. The parties were able to reach a temporary agreement for periods of partial custody with the Father in addition to some temporary arrangements for the Thanksgiving and Christmas holidays, pending a custody hearing. 4. Mother's Dosition on custodv is as follows: Mother reports that she enjoys a closer bond with the child and has been the child's primary caregiver throughout her life. She reports Father had demonstrated inability to care for the child and inability to provide income for the family by reason of his unemployment over the last few years. She seeks to relocate to Philadelphia which she has done over his objection. Mother now resides with her mother and has obtained employment where she is training to be a pharmaceutical assistant. Mother's previous work experience was as a teacher's aide in the Mechanicsburg School District. Mother expects that she will be better able to provide financial support in . \jJr'.!'i/ilAS.'\JN3d I 'Nnnr; n~,:~f-j\J:"!--:-;i'Y~J I\.L "-.."_' .." _ ......_'_.d I, 1 B'J :(; lid ,- DO ~DOZ AtiV10j-~Of'UCad J~11 :f0 3Ji3~Cr-(]3;!:J NO. 04-3842 CIVIL TERM the Philadelphia area than she has in Cumberland County. Following her training, she expects that she may be able to earn $12.00 to $13.00 per hour. In addition to her mother, her brother and sister live in the Philadelphia area. The child is presently enrolled in parochial school. Mother also reports that the child has expressed distress regarding the parents' verbal disagreements when they were all under one roof. 5. Father's position on custodv is as follows: Father strongly objects to the child living in Philadelphia. His recollection of the decision to move to Cumberland County was in part based on the desire to have the child raised in a more suburban setting which he describes as being more safe than Philadelphia. Father continues to be unemployed and continues to report that he is seeking employment. Father denies Mother's allegations that the bills, including the mortgage, are not being paid. He alleges that all of the parties' financial obligations are up to date. Father points out that the child attended school only in Cumberland County. He also objects to Mother interfering with the child's participation in extracurricular activities such as CCD classes, cheerleading, Girl Scouts, and church choir by reason of the move. Father asserts that the child should be returned and immediate custody be granted to him. 6. The part~es reached an agreement for a Temporary OMing hearing. q I J-i jD0 ( -lOp('~ ~~Q~ Date' ! Melissa Peel Greevy, ESq~ - ( Custody Conciliator :236183 BERNADETTE M. YOUNG, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW 1\10. 04-3842 JEFFREY WILLIAM YOUNG, Defendant 11\1 CUSTODY ORDER AND NOW, this 20' day of December 2004, upon the agreement of the parties as expressed by the Stipulation of their counsel, we hemby order and direct as follows: 1. This case is returned to the conciliator for further proceedings to arrive at a schedule of custody for holidays and summer vacations. The conciliator is directed to schedule a conference and notify the parties for that purpose. 2. The custody provisions of our temporary order dated October 1, 2004, are hereby confirmed as the order of custody in this case. 'Ne will modify that order to set a schedule for holidays and summer vacations following the conference of the parties with the conciliator or upon further stipulation of the parties. 3. The hearing scheduled in this matter for Decelmber 17, 2004 is hereby canceled. BY THE COURT, ~iJ J. Distribution: ~muel L. Andes, Esquire (Attorney for Plailntiff) P.O. Box 168, Lemoyne, PA 17043 ~ ~Iissa L. Van Eck, Esquire (Attorney for Defendant) 7800-A Allentown Boulevard, Suite B, Harrisburg, PA 17112 '" , -I \ ~"," _. s'" - r....:., , ',> '; r'-,-. , ' -\ ,".' cc; ! I' ~ cz :'~J tlUU'l .~ I ~.- "",; , t"'-.... -", !....:. II BERNADETTE M. YOUNG, Plaintiff 11\1 THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 04-3842 JEFFREY WILLIAM YOUNG, Defendant 1f\1 CUSTODY STIPULATION AND NOW come the above-named parties, by theil' counsel, and stipulate and agree that the court shall enter the attached order to resolve the matters scheduled to be heard by the court on 1 7 December 2004. ~~~ Sam L. Andes Attorney for Plaintiff bv- Date: Iv ~&... ~ ~CX- r1 Vutd Melissa L. Van Eck Attorney for Defendant Date:. ld.-l~-o~ BERNADETTE M. YOUNG, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 04-3842 CIVIL TERM JEFFREY WILLIAM YOUNG, Defendant CIVIL ACTION - CUSTODY PETITION TO MODIFY CUSTODY ORDER The Petition to ModifY Custody Order of Jeffrey W. Young, by and through his counsel, Van Eck & Van Eck, P.c. for Custody of Kiersten M. Young iis as follows: 1. Petitioner is Jeffrey W. Young ("Petitioner") who currently resides 2228 Canterbury Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Respondent is Bernadette Young ("Respondent") whose current address 9209 Pilgrim Lane, Philadelphia, Pennsylvania. 3. The child who is the subject of this proceeding is Kiersten M. Young, age eleven (11) years, born to the Petitioner and Respondent on October 2,1993. 4. On October 1, 2004, a Temporary Order was entered granting custody as follows: a. Parties having shared legal custody; b. Primary physical custody with Respondent; c. Partial physical custody with Petitioner. A true and correct copy of this Order is attached hereto and incorporated herein as Exhibit "A". 5. The October 1, 2004, Order of Court was confirmed via a Stipulated Order dated December 20, 2004. A true and correct copy of this Order is a.ttached hereto and incorporated herein as Exhibit "8". 6. Petitioner believes and therefore avers that Respondent has refused to cooperate in setting a schedule for custody during the summer months. 7. Petitioner believes and therefore avers that Respondent fails to provide him with the minor child's prescription information or actual medication during his periods of custody. 8. Petitioner believes and therefore avers that Respondent purposely interferes with his relationship with the minor child by refusing telephone contact as set forth in paragraph 4 of the Temporary Order of Court. 9. Petitioner believes and therefore avers that Respondent has refused to provide him with the information on the minor child's psychologist or include him in the counseling. 10. Petitioner believes and therefore avers that Respondent continually uses the minor child as a means of communication rather than communicating with Petitioner directly. Such actions place unnecessary burden and stress on the minor child. 11. Petitioner believes and therefore avers that the best interest of the minor child will be served by granting him primary physical custody for the fonowing reasons: a. Respondent is failing to abide by the current Order; b. Respondent refuses to allow Petitioner to exercise his join legal custody of the minor child; and c. Petitioner can provide a more stable environment for the minor child. 12. Petitioner requests an Order modifying custody of the minor child such that Petitioner has primary physical custody and Respondent has partial physical custody. WHEREFORE, Jeffrey Young, respectfully requests this Honorable Court to grant him custody of the child, Kiersten Young, to Petitioner with Respondent having partial physical custody pending the regular Custody Conciliation procedure and such other Orders as are deemed just and proper. Respectfullly submitted, VAN ECK & VAN ECK, P.C. I(-tl-lfj: 17112 Date: VERIFICATION 1, Jeffrey W. Young, verify that the statements made in the foregoing Petition to Modify Custody are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subjtlct to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities. Date: 7/7hY , -''"'-/ 4--h .tou(/ . .~vc. t. ~- '" t .,.".." v. LVV'-r \rn") 1'-0 V:; \,..uun"~ SEP L 8 2Q04{ Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3842 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY BERNADETTE M. YOUNG, ' v. JEFFREY WILLIAM YOUNG, Defendant HESS, J. -.- TEMPORARY ORDER OF COURT AND NOW, this I ~ day of Otnb<f , 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. leaal Custodv. The parties, Bernadette M. Young and Jeffrey William Young, shall have shared legal custody of the minor child, Kiersten M. Young, born October 2, 1993. 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'is general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa. C. S. 95309, 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 othl~r parent. To the extent one parent has possess'lon 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. Mother shall have temporary primary physical custody of the minor child subject to Father's rights of partial custody which shaH be arranged as follows: A. Effective October 1, 2004. on alternating! weekends from Friday at 6:00 p.m. until Sunday at 5:00 p.m. S, The parties will share transportation re!sponsiblllty incident to custodial exchanges by meeting at the McDonalds restaurant at the Morgantown exit off the Pennsylvania Turnpike. 3. matter. Cumberland County Court of Common Pleas shall retain jurisdiction of this ~\i"..I"'\.L.1.') .Lo.;,.VQ ,-,vvn,.;: L.......vO;'. ,;, NO. 04-3842 CIVIL TERM 4. Telephone Contact. Mother will have the child contact the Father on his cell phone for private telephone calls twice weekly, commencin~l the week of September 27, 2004. 5. The parents will reassure the child that the parents have worked out a temporary plan so that the. child will have regular contac;t with Father on alternating weekends. 6. . Holidavs. The following temporary holiday schedule shall supersede the regular schedule: A. ThanksaivinQ. Father shall have custody for Th nksgiving 2004 from November 24, 2004 at 6:00 p.m. through November 2 . 2004 at 6:00 p.m. Mother will have custody for Thanksgiving from Nove ber 26, 2004 at 6:00 p.m, through November 28, 2004. Father's alternclting w ekend schedule shall commence December 3,2004. B. Christmas. Mother shall have custody for Chr stmas from the time of school dismissal through December 26, 2004 at 6:00 p.m. Additional sharing of the Christmas 2004 school recess will be as dir cted by further Order of Court or mutual agreement of the parties. BY THE COURT: Disl: Samuel L. Ande., Esquire, PO Box 168, Lemoyne, PA 17043 Melissa L. Ven Ec~, Esquire, 7800-A Allentown Blvd., Suite B, Harrtsburg. PA 1711 BERNADETTE M. YOUNG, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 04-3842 JEFFREY WILLIAM YOUNG, Defendant IN CUSTODY ORDER AND NOW, this )Llthday of December 2004, upon the agreement of the parties as expressed by the Stipulation of their counsel, we hereby order and direct as follows: 1. This case is returned to the conciliator for further proceedings to arrive at a schedule of custody for holidays and summer vacations. The conciliator is directed to schedule a conference and notify the parties for that purpose. 2. The custody provisions of our temporary ordelr dated October 1, 2004, are hereby confirmed as the order of custody in this case. We will modify that order to set a schedule for holidays and summer vacations following the conference of the parties with the conciliator or upon further stipulation of the parties. 3. The hearing scheduled in this matter for December 17, 2004 is hereby canceled. BY THE COURT, ,1) . / ),;2C i,~\JU2 Ot, jiL HLc../ ~1u\,~D{)Y\. / ~, 1 Q }\ /I / . _1....10..../.__ J. Distribution: Samuel L. Andes, Esquire (Attorney for Plaintiff) P.O. Box 168, Lemoyne, PA 17043 Melissa L. Van Eck, Esquire (Attorney for Defendant) 7800-A Allentown Boulevard, Suite B, Harrisburg, PA 17112 BERNADETTE M. YOUNG, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - lAW NO. 04-3842 JEFFREY WilLIAM YOUNG, Defendant 11\1 CUSTODY STIPULATION AND NOW come the above-named parties, by their counsel, and stipulate and agree that the court shall enter the attached order to resolve the matters scheduled to be heard by the court on 17 December 2004. rS--,.~ ~.~ Sa L~ An~' .... Attorney for Plaintiff " Date: ~ c.!'r.=>l' ~ yVll ~,lW d ~f.Lrri Melissa-L. Van Eck Attorney for Defendant 4- Date: \.2/ I~O . -,:J ~ - ~ ~ ~ (::J 7'~ lAJ ~ ~ 8 ~ ~ f- ~ -I-- --L.... Q c, ....> 0 f':? ..." ~ ~ <.~~ rn ~ c.,. ...r1 roo.... _(1l_~ f}'-.; ....., /:~(~) ,- --'-'"'11 ~~_.. -::} -u '---Jr") ::;~ ~:.-i i-n ~ (-;-? ~D :< N - BERNADETTE M. YOUNG PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 04-3842 CIVIL ACTION LA W JEFFREY WILLIAM YOUNG DEFENDANT TN CUSTODY ORDER OF COURT AND NOW, Monday, July 18, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at DJ Maulove's, 1901 State St., Camp HilI, PA 17011 on Monday., AUllust 22, 2005 at 9:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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 pennanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to tbe conciliator 48 hours prior to scheduled hearine. FOR THE COURT. By: /s/ Melissa P. Gree~~ Esq. Custody Conciliator .Y The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of] 990. For infonnation 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 ~~~ ~ ~ >>.3/-, -l:fp 'P ~ ~~ 50.5/-l.. n "-P(l ~ ~~ ~-PJ 50.$/.( \fINtI!\-I^sr~r~3d AlN(!C(i" ".' '-:.rf1n:) O~ :8 Hd 91 lnr 500Z AtN.i.ONOiLlO:Jcl 3Hl ::10 3:J!:!:IO-G311~ BERNADETTE M. YOUNG, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 04-3842 CIVIL TERM JEFFREY WILLIAM YOUNG, Defendant CIVIL ACTION - CUSTODY EMERGENCY PETITION TO MODIFY CUSTODY ORDER The Petition to Modify Custody Order of Jeffrey W. Young, by and through his counsel, Van Eck & Van Eck, P.C. for Custody ofKiersten M. Young is as follows: I. Petitioner is J efITey W. Young ("Petitioner") who currently resides 2228 Canterbury Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Respondent is Bernadette Young ("Respondent") whose current address 9209 Pilgrim Lane, Philadelphia, Pennsylvania. 3. The child who is the subject ofthis proceeding is Kiersten M. Young, age eleven (II) years, born to the Petitioner and Respondent on October 2,1993. 4. On October I, 2004, a Temporary Order was entered granting custody as follows: a. Parties having shared legal custody; b. Primary physical custody with Respondl~nt; c. Partial physical custody with Petitioner. A true and correct copy of this Order is attached hereto and ineorporated herein as Exhibit "A". 5. The October 1,2004, Order of Court was confirrt1ed via a Stipulated Order dated December 20, 2004. A true and correct copy of this Order is attached hereto and incorporated herein as Exhibit "B". 6. Petitioner believes and therefore avers that Respondent has refused to cooperate in setting a schedule for custody during the summer months. 7. On or about July 4, 2005, Petitioner sent a correspondence to Respondent via hand delivery indicating the weeks during the summer that he would like to have custody of the minor child. 8. Petitioner believes and therefore avers that Respondent made no attempt to dispute the request made in his July 4, 2005 correspondence. 9. Petitioner did not have the child per his request during the week of July 10, 2005. 10. Petitioner received custody of the child on July 17,2005 through July 24, 2005. 11. On or about July 24, 2005, Respondent contacted Upper Allen Police Department to have the child returned to her. 12. Petitioner believes and therefore avers that he was to have custody of the minor child until August 6, 2005. 13. After a lengthy incident involving the Upper Allen Police Departmenf the minor child was returned to Respondent on July 24,2005. 14. Since the incident on July 24, 2005, Petitioner be:lieves and therefore avers that Respondent has been uncooperative in agreeing to additional periods of custody other than those provided in the October 1, 2004 Order of Court. 15. Petitioner made the request to have the minor child from July 24,2005 to August 6,2005, so that he could celebrate his fiftieth (50th) birthday whh the minor child. 16. Petitioner believes and therefore avers that Respondent is purposely interfering with his relationship with the minor child. 17. Petitioner believes and therefore avers that the best interest of the minor child will be served by granting him primary physical custody for the following reasons: a. Respondent is failing to abide by the ClliTent Order; b. Respondent refuses to allow Petitioner to exercise his joint legal and physical custody of the minor child; and c. Petitioner can provide a more stable environment for the minor child. 18. Petitioner requests an Order modifying custody of the minor child such that Petitioner has primary physical custody and Respondent has partial physical custody. WHEREFORE, Jeffrey Young, respectfully requests this Honorable Court to grant him custody of the child, Kiersten Young, to Petitioner with Respondent having partial physical custody pending the regular Custody Conciliation procedure and such other Orders as are deemed just and proper. Respectfully submitted, VAN ECK & VAN ECK, P.C. Date: cz /1-flC) Y1lli~ cI\ru(dJ1 Melissa L. VanEck, Esquire Attorney 10 No.: 85869 7810 Allentown Blvd. Suite B. Harrisburg,PA 17112 (717)540-5406 VERIFICATION I, Jeffrey W. Young, verify that the statements made in the foregoing Emergency Petition to Modify Custody are true and correct to the best of my knowledge, information and 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. Date: 2?J~s J-IL, tv t=:J~ ~Yo~ \-) ~ ~ ;;0 \ + n C> . ~ () , ,,, -- w ~ I or- ~ I'J ~ -';1 0 .. ~ - .c -- C> (-~) (".,;; '-.!...... BERNADETTE M. YOUNG, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. JEFFREY WILLIAM YOUNG, DEFENDANT 04.3842 CIVIL TERM AND NOW, this ORDER OF COURT ~ day of August, 2005, the merits of the petition for modification of custody now being set before a conciliator for August 22, 2005, the petition seeking a hearing to deal with the issue on an emergency basis, IS DENIED. Edgar B. Bayley, J. '" ~uel L. Andes, Esquire For Plaintiff ~lissa L. Van Eck, Esquire For Defendant t& lfi' \~o~ ~.O o :sal Rlfl}-OfFlCE OF THE PROTHONOTARY 2005 AUG -8 AK 10: 34 CUM8ERlA'U COUNTY PENNSYLVANiA , jRECEIVE':' S~~ 20 2eD5 BERNADETTE M. YOUNG, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 04-3842 CIVIL TERM v. CIVIL ACTION - LAW JEFFREY WILLIAM YOUNG, IN CUSTODY Defendant HESS, J. --- ORDER OF COURT '2.,' AND NOW, this attached Custody Conciliation follows: day of September, 2005, upon consideration of the Summary Report, it is hereby ordered and directed as 1. This Court's Order of December 20,2004 and October 1,2004 are VACATED. 2. Leoal CustodY. The parties, Bernadette M. Young and Jeffrey William Young, shall have shared legal custody of the minor child, Kiersten M. Young, born October 2, 1993. 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 her health, education and religion. Pursuant to the terms of 23 Pa. C. S. 95309, 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 temporary primary physical custody of the minor child subject to Father's rights of partial custody which shall be arranged as follows: A. Effective September 16, 2005, on alternating weekends from Friday at 6:00 p.m. until Sunday at 5:00 p.m. B. The parties will share transportation responsibility incident to custodial exchanges by meeting at the McDonalds restaurant at the Morgantown exit off the Pennsylvania Turnpike. 4. matter. Cumberland County Court of Common Pleas shall retain jurisdiction of this 'ifIN'fIWSC.IN-3d \. "'(..c...... ;"]' ".'.'......."jn'" I l..l Ii Ii) : '''~:'i'-~!'' I tv 9S :01 W~ II d3S SilOZ AhV10NOi-LLO\:kJ 3H1 olO 3:)1::l~Ct-{]311:l NO. 04-3842 CIVIL TERM 5. Telephone Contact. Mother will have the child contact the Father on his cell phone for private telephone calls twice weekly. The non-custodial parent shall facilitate reasonable telephone contact between the child and the non-custodial parent which contact shall include use of the child's cell phone, which has been provided by Father. The calls to the child's cell phone shall not be forwarded to another number. If the child leaves a message for the custodial parent, that parent shall arrange for the child to promptly return the call to the non-custodial parent. 6. The following holiday schedule shall supersede the regular schedule: A. Thanksgiving shall be divided into two segments, Segment A and Segment B. Segment A shall be from the Wednesday preceding Thanksgiving at 6:00 p.m. until the Friday after Thanksgiving at 6:00 p.m. Segment B shall be from the Friday after Thanksgiving at 6:00 p.m. until the Sunday after Thanksgiving at 5:00 p.m. In odd-numbered years, Mother shall have Segment A and Father shall have Segment B. In even-numbered years, Father shall have Segment A and Mother shall have Segment B. B. Christmas shall be divided into two segments, Segment A and Segment B. Segment A shall be from 6:00 p.m. the day that school is dismissed for the winter recess until December 26 at 5:00 p.m. Segment B shall be from December 26 at 5:00 p.m. for the remainder of the winter recess. In odd- numbered years, Father shall have Segment A and Mother shall have Segment B. In even-numbered years, Mother shall have Segment A and Father shall have Segment B. C. AlternatinQ Holidavs. The parties will alternate the following holidays commencing with January 1, 2006 when Father has custody for the New Year's holiday: New Year's Day, Easter, Memorial Day, Independence Day and Labor Day. Unless otherwise agreed, the custodial period for these holidays shall be from 6:00 p.m. the day before the holiday until 6:00 p.m. the day of the holiday. 7. Summer. Father shall have custody for purposes of summer vacation from August 18, 2005 ending either September 2, 2005 at 10:00 a.m. or September 3, 2005 at 5:00 p.m. Additionally, Father will have custody from August 30, 2005 at 6:00 p.m. until September 4, 2005 at 5:00 p.m. For the summer of 2006: Father shall have custody from NO. 04-3842 CIVIL TERM July 5, 2006 through August 6, 2006. Mother shall have one custodial weekend during Father's summer custodial period in 2006. She will select the weekend and give Father notice of that weekend by May 1, 2006. BY THE COU~ J Dist: ~)l"'el L. Andes, Esquire. PO Box 168, Lemoyne, PA 17043 ~Iissa L. Van Eck, Esquire. 7800-A Allentown Blvd., Suite B, Harrisburg, PA 17112 " ',' t ~RECEIVED SEP 20 Z005 BERNADETTE M. YOUNG, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3842 CIVIL TERM v. CIVIL ACTION - LAW JEFFREY WILLIAM YOUNG, IN CUSTODY Defendant 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 THE CUSTODY OF Kiersten M. Young October 2, 1993 Mother 2. Father filed a Petition to Modify Custody Order on July 12, 2005. A Custody Conciliation Conference was held on August 22, 2005 with the following individuals in attendance: the Father, Jeffrey William Young, and his counsel, Melissa Van Eck, Esquire; the Mother, Bernadette M. Young, and her counsel, Samuel L. Andes, Esquire. 3. The parties reached an agreement in the of Order as attached. ~ / if; j/;y:;/ Date ( Mii1u~ Melissa Peel Greevy, Esquire Custody Conciliator MPG:ead:257671 BERNADETTE M. YOUNG, Plaintiff vs. ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-3842 JEFFREY WILLIAM YOUNG, Defendant IN CUSTODY PETITION TO MODIFY AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and petitions the court to modify the custody order in this matter, based upon the following: 1. The Petitioner herein is the Plaintiff and resides at 9209 Pilgrim Lane in Philadelphia, Pennsylvania 19114. 2. The Respondent herein is the Defendant and resides at 2228 Canterbury Drive in Mechanicsburg, Pennsylvania 17055. 3. The parties are the parents of one minor child, Kiersten M. Young, born 2 October 1993. The child is the subject of prior orders of this court entered on 1 October 2004 and 20 December 2004, copies of which are attached hereto. 4. Plaintiff seeks to modify the present orders to eliminate entirely or significantly reduce Defendant's periods of temporary custody with the child. Plaintiff believes such a change will be in the best interest of the child and the reasons for that include: A. During his periods of temporary custody the Defendant leaves the child unsupervised for long periods of time. On other occasions, he leaves her under the care of a relative who is blind and who cannot provide adequate or proper supervision for the child. B. The father spends little time with the child during his periods of temporary custody and frequently has her stay with friends or with the parents or families of her friends. C. The Defendant allows the child out in public places, where she is not safe alone, without adult supervision. D. The Defendant's house, particularly the bathrooms. are not kept clean and, as a result, the child refuses to take showers in his home whenever possible and, upon occasions, goes to her friends homes to shower. E. Father has introduced the child to a series of girlfriends, many of whom stay with Father during his periods of temporary custody of the child, which concerns and upsets the child. F. Because of the conduct of the Father, the child has experienced emotional and psychological problems which have required her to obtain counseling. Defendant appears to be unaware of these problems, despite repeated attempts of Plaintiff to make him aware of them, or he appears to simply ignore the problems and make no efforts to solve or correct them. 5. The child resists spending time with the Defendant and Plaintiff believes that forcing her to continue to do so is contrary to the child's best interests and her emotional and psychological health. WHEREFORE, Plaintiff prays this court to modify its prior orders in this matter to substantially reduce or eliminate entirely Defendant's periods of temporary custody with the child. ~t~ ~~ = - _....a; Samuel 1. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 " Ii \ ~ ' I verify that the statements made in this document 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: %f, lOb I ~o6Gh BERNADETTE M. YOUNG; Plaintiff vs. ) ) ) ) ) ) ) ) ) IN THE COURT O'F COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JEFFREY WILLIAM YOUNG, Defendant NO. 04-3842 IN CUSTODY ORDER AND NOW, this Uay of December 2004, upon the agreement of the parties as expressed by the Stipulation of their counsel, we hereby order and direct as follows: 1. This case is returned to the conciliator for further proceedings to arrive at a schedule of custody for holidays and summer vacations. The conciliator is directed to schedule a conference and notify the parties for that purpose. 2. The custody provisions of our temporary orderdated-'October1, 2004, are h~rebydonfirmedas theo'fder of custody in this case. Wewii, ~bdify thato~d'~r to set a schedule for holidays and summer vacations following the conference of the parties with the conciliator or upon further stipulation of the parties. 3. The hearing scheduled in this matter for December 17, 2004 is hereby canceled. BY THE COURT, J. Distribution: Samuel L. Andes, Esquire (Attorney for Plaintiff) P.O. Box 168, Lemoyne, PA 17043 Melissa L. Van Eck, Esquire (Attorney for Defendant) 7800-A Allentown Boulevard, Suite B, Harrisburg, PA 17112 BERNADETTE M. YOUNG, Plaintiff vs. ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JEFFREY WILLIAM YOUNG, Defendant NO. 04-3842 IN CUSTODY 5TIPULA liON AND NOW come the above-named parties, by their counsel, and stipulate and agree that the court shall enter the attached order to resolve the matters scheduled to be heard by the court on 1 7 December 2004. sa~~ Attorney for Plaintiff .. Date:_(O ~ ~ Lf't1.Jwvl0l VaLtfi Melissa L. Van Eck Attorney 'for Defendant LJ Date: ~D " ., SEP 2 8 2004{ BERNADETTE M. YOUNG, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3842 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY v. JEFFREY WILLIAM YOUNG, Defendant HESS, J. -- TEMPORARY ORDER OF COURT AND NOW, this J sf day of~C.tObeA.. , 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Leaal Custody. The parties, Bemadette M. Young and Jeffrey William Young, shall have shared legal custody of the minor child, Kiersten M. Young, bomOctober 2, 1993. 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 notlimited 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 parenthas 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. Mother shall have temporary primary physical custody of the minor child subject to Father's rights of partial custody which shall be arranged as follows: A. Effective October 1, 2004, on alternating weekends from Friday at 6:00 p.m. until Sunday at 5:00 p.m. B. The parties will share transportation responsibility incident to custodial exchanges by meeting at the McDonalds restaurant at the Morgantown exit off the Pennsylvania Turnpike. 3. matter. Cumberland County Court of Common Pleas shall retain jurisdiction of this . . NO. 04-3842 CIVIL TERM 4. Telephone Contact. Mother will have the child contact the Father on his cell phone for private telephone calls twice weekly, commencing the week of September 27, 2004. 5. The parents will reassure the child that the parents have worked out a temporary plan so that the child will have regular contact with Father on altemating weekends. 6. Holidavs. The following temporary holiday schedule shall supersede the regular schedule: A. Thanksaivina. Father shall have custody for Thanksgiving 2004 from November 24, 2004 at 6:00 p.m. through November 26, 2004 at 6:00 p.m. Mother will have custody for Thanksgiving from November 26, 2004 at 6:00 p.m. through November 28, 2004. Father's altemating weekend schedule shall commence December 3, 2004. . B. Christmas. Mother shall have custody for Christmas from the time of school dismissal through December 26, 2004 at 6:00 p.m. Additional sharing of the Christmas 2004 school recess will be as directed by further 'Order of Court or mutual agreement of the parties. Dist: Samuel L. Andes. Esquire, PO Box 168, Lemoyne, PA 17043 Melissa L. Van Eck, Esquire, 7800-A Allentown Blvd., Suite B, Harrisburg, PA 17112 ~.~~ ~ ~ ~ s::::t' c-~ ~~ ~ B ~ ~ <;::) c:::>> ~ CI"" :poa ~:D -0 tiJ c::: mrr: nr-: ~......; G") tiJ S~ ,&:- ~~ ~t.:) ~O -0 ~=H ~:(-:; ( - ~ 0 5%;0 ~ Om c: ~ ~ (..) ... -..J ;;,e;: <I ,----." -- BERNADETTE M. YOUNG PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 04-3842 CIVIL ACTION LAW JEFFREY WILLIAM YOUNG DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, August 17,2006 , upon consideration ofthe attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at MDJ Manlove, 1901 State St., Camp Hill, PA l701l on Friday, September 22, 2006 at 12:30 PM 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. 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 bearinll. FOR THE COURT. By: Isl Melissa P. Greevv. 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 conterence or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VE 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 ] 70 13 Telephone (717) 249-3166 41. ' ~_. 'l; ~ ~ p:p ~~ "Jr/.h~-!- ?':? ~ ~~ ~ .~Jt; ~J/.p ~.j}p ~ ~ ~ 'PO "}(/-$'.;;B VIN'Q/ll^Si\jf~~d AlNnOC' (1'Y.~::781f>lm L 0 :21 Wd B I ~flV 9002 ^i::IV10~:OHlOfJd 3Hl .:JO 3:JIJ::O-03lI:J BERNADETTE M. YOUNG, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA vs, NO. 04-3842 CIVIL TERM JEFFREY WILLIAM YOUNG, Defendant CIVIL ACTION - CUSTODY PRAECIPE TO WITHDRA W/ENTER APPEARANCE TO THE PROTHONOTARY: Please withdraw Melissa L. Van Eck, Esquire of V AN ECK & VAN ECK, P.C., as counsel of record for Defendant in the above-referenced matter. Please enter the appearance of John J. Connelly, Jr., Esquire, as counsel of record for the Defendant in the above-referenced matter. Respectfully submitted, By: i By: Melissa L. VanEck, Esquire Attorney ID #85869 P.O. Box 6662 Harrisburg, PA 17112 717-540-5406 Attorney for Plaintiff ~ '~ ~ -- C ...:.:.: \ C,..:l ~:;. r;? o 0-' NOV 1 a 2006 , lA I r- ,. /' Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3842 CIVIL TERM BERNADETTE M. YOUNG, v. CIVIL ACTION - LAW JEFFREY WILLIAM YOUNG, IN CUSTODY Defendant HESS, J. --- ORDER OF COURT AND NOW, this /0" day of November, 2006, upon consideration of the attached Custody Conciliation Summary Report, this Court's Order of September 5, 2005 is modified as follows: 1. Mother shall have custody for the weekends of November 3, 2006 and November 10, 2006. Father shall have custody for the weekends of November 17, 2006 and November 24,2006, The alternating weekend schedule will resume with Mother having the first custodial weekend commencing December 1, 2006. 2. Father's custodial weekends shall commence on Fridays at 4:00 p.m. and shall end on Sundays at 3:00 p.m. 3. Transportation. The parent receiving custody shall be responsible for providing transportation incident to the custodial exchange. 4. Father shall be responsible to provide transportation to get the child to her extracurricular and band front activities, which occur during his custodial time. 5. Mother shall provide Father with a copy of the school materials which are sent home Wednesday of each school week. 6. Summer. Commencing with the summer of 2007 and summers thereafter, the parties shall observe the following custodial schedule: A. Commencing with the first Sunday after school is dismissed for the summer, Mother shall have custody for two (2) continuous weeks followed by Father having two (2) consecutive weeks, Mother having two (2) consecutive weeks and Father having two (2) consecutive weeks. The remaining weeks of August each year shall be alternated between the parties commencing with Mother. ~ / NO. 04-3842 CIVIL TERM 6. To the extent that the terms of this Order are contradictory to prior Orders of Court in this matter, those terms are vacated and replaced with the language contained herein. BY THE COURT: Ail... A. Hess, J. Dist: Samuel L. Andes, Esquire, PO Box 168, Lemoyne, P 17043 \ /ll~ John J. Connelly, Jr., Esquire, P. O. Box 650, Hershey, PA 17033/ II -/7-rJ &, l ~ , ~ Jb/<; 62 :9 !!\! l.1 lION gaOl AtJ\flU;.J\jf [LU~jd 3Hl :10 j~)f::i~()"(J3-l1~ . J , . NOV 13 2006 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3842 CIVIL TERM BERNADETTE M. YOUNG, v. CIVIL ACTION - LAW JEFFREY WILLIAM YOUNG, IN CUSTODY Defendant 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 THE CUSTODY OF Kiersten M. Young October 2, 1993 Mother 2. Mother filed a Petition to Modify Custody Order on August 15, 2006. A Custody Conciliation Conference was scheduled for November 3, 2006 following requests for continuance. Attending the conference were: the Mother, Bernadette M. Young, and her counsel, Samuel L. Andes, Esquire; the Father, Jeffrey William Young, and his counsel, John J. Connelly, Jr., Esquire. 3. The parties reached an agreement in the for f Order as attached. Melissa Peel Greevy, Esquir Custody Conciliator :286453