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HomeMy WebLinkAbout04-4441 vs, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2004- 44111 CIVIL TERM CLINT S, EARLEY, Plaintiff REBECCA L. EARLEY, Defendant CIVIL ACTION - LAW CUSTODY COMPLAINT FOR CUSTODY TO THE HONORABLE, THE JUDGES OF THE SAID COURT: AND NOW comes the Plaintiff, CLINT S, EARLEY, by his attorney, MAX J. SMITH, JR., Esquire, and respectfully represents the following: 1. Plaintiff is CLINT S. EARLEY, who resides at 155 Willow Mill Park Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant is REBECCA L. EARLEY, who resides at 83 Citrus Park Lane, Boynton Beach, Florida 33436. 3, Plaintiff and Defendant are married and are the natural parents of one child, JILLIAN 0, EARLEY, born Apri19, 2003. 4, The best interests and welfare of the minor child would be served by placing primary physical custody and shared legal custody of the child with Plaintiff, subject to reason- able partial custody privileges with Defendant as the court may deem appropriate. 5. To date, Defendant has refused to allow any meaningful contact between Plaintiff and the child. 6, The minor child has resided at the following addresses since birth: (a) From birth until December 13, 2003 at 1028 S. York Street, Mechanicsburg, Cumberland County, Pennsylvania with both parents. (b) From December 13, 2003 until August 13, 2004 at 155 Willow Mill Park Road, Mechanicsburg, Cumberland County, Pennsylvania with both parents. (c) From August 13, 2004 until present at 83 Citrus Park Lane, Boynton Beach, Florida with Defendant. 7. Plaintiff has reason to believe that Defendant may intend to stay in Florida permanently, even though she had indicated to Plaintiff that she and the parties' child were merely visiting her mother for at most a couple of weeks , 8. Plaintiff does not have any information of any custody proceeding concerning said minor child in any court in Pennsylvania or any other State. 9. Plaintiff has not participated as a party, witness or otherwise in any other litigation concerning the custody of said minor child in Pennsylvania or any other State. 10. Plaintiff does not know of any person not a party to these proceedings who has physical custody of the said minor child or who claims to have custody or visitation rights with respect to her. WHEREFORE, Plaintiff respectfully prays that your Honorable Court order that primary physical custody and shared legal custody of JILLIAN O. EARLEY, be placed with Plaintiff. Date: September 1, 2004 R~a~0JUQ MAX J. SMITH, JR.rJ,SqUire LD. No, 32114 JARAD W. HANDELMAN, Esquire LD, No. 82629 James, Smith, Dietterick & Connelly LLP P.O, Box 650 Hershey, P A 17033 (717) 533-3280 I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. C~ 7':> ~ Q ~ ~ -.l 'U to.- - - o d ~ 5:l.. V'l ~ -- -~ ,-, ~: ..; f- "--> C'~ C..;;. ~- Cn r< .'1.:: P 1, ::;:1 ~;~~ ';,JCJ ~:}~., ('; ::i~ :,,-.,.~ I~;'; I ,,~;) .....,.:: =--? c) (".""" v' SEP 2 8 2004 f CLINT S. EARLEY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2004-4441 CIVIL TERM REBECCA L. EARLEY, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this '2, < ~ day of n c:\ ' 2004, upon consideration ofthe attached Custody Conciliation Report, it is ordered and directed as follows: l. generally. The Custody Conciliation in the above captioned case is hereby continued 2, Neither party may remove the Child from the jurisdiction of Pennsylvania without prior Order of Court or written agreement of the parties. 3. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the termS of this Order shall controL Either party may contact the Conciliator to schedule another Conciliation Conference within 90 days of the date of this Order. BY THE COURT, ..J iU::) 9 S :Z fid s- no ~ODZ AHilG><C;~LOUd 3Hl :iO 3:JL:L!D-C31:j SEP Z U 2004 f CLINT S. EARLEY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 2004-4441 CIVIL TERM REBECCA L. EARLEY, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: None IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: CUSTODY CONCILIATION SUMMARY REPORT 1. The pertinent information conceming the Child who is the subject ofthis litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jillian O. Earley April 9, 2003 Mother 2. A Conciliation Conference was held in this matter on September 28, 2004, with the following individuals in attendance: The Father, Clint S. Earley, with his counsel, Max J. Smith, Jr., Esquire and Mother, Rebecca 1. Earley, with her counsel, James A. Miller, Esquire. 3. Mother relocated with the Child in August, 2004 to Florida. Mother returned with the Child to attend the conciliation conference. The parties agreed to work toward reconciliation and agreed to continue the custody conciliation. 4. The parties agreed to an Order in the form as attached. q-:J..f /(; Y Date cq line M. Verney, Esquire Custody Conciliator DEe 2 2 2004 Ij/ /11 o CLINT S. EARLY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : CIVIL ACTION - lLA W REBECCA L. EARLY, Defendant : NO. 2004-4441 CIVIL TERM : IN CUSTODY ORDER OF COURT AND NOW, this Z17!L day of pCL_k_,2001upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in co~ I , of the Cumberland County Court House, on the /?dt day of ,,--,2005, at 7.' 3C> 0' clock, it.-. M., at which time testimony will be taken. or 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 c:mticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. The prior Order of Court dated October 3, 2004 is hereby vacated. 3. Pending further Order of Court or agreement of the parties, the following shall remain in effect: 4. The Father, Clint S. Early, and the Mother, Rebecca L. Early shall have shared legal custody of Jillian O. Early, born April 9, 2003. 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. 5. Mother shall have primary physical custody of the child. 6. Father shall have the following periods of partial physical custody of the child: A. Every Monday and Wednesday from 5:00 p.m, to 8:00 p.m. B. Every weekend from Friday at 5:00 p.m. to Sunday at 5:00 p.m. except that Mother shall have physical custody of the child :for four hours on Saturday at times agreed by the parties. DEe 2 22001pn CLINT S. EARLY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW REBECCA L. EARLY, Defendant : NO. 2004-4441 CIVIL TERM : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jillian O. Early April 9, 2003 Mother 2. A Conciliation Conference was held December 21, 2004 with the following individuals in attendance: The Father, Clint S. EaJrly, with his counsel, Max J. Smith, Esquire, and the Mother, Rebecca L. Early, with her counsel, James A. Miller, Esquire. 3. The Court previously entered an Order of Court on October 3,2004, continuing the prior Conciliation conference and prohibiting the removal of the child from the jurisdiction. 4, Father's position on custody is as follows: Father seeks shared legal and shared physical custody on a week on/week off basis. Father maintains that he is an equal provider for the child and opposes the relocation of the child.. 5. Mother's position on custody is as follows: Mother seeks shared legal custody and primary physical custody. She wishes to relocate to Florida. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and granting the parents shared legal custody, Mother primary physical DEe 2 22004r custody and Father having two evenings per week and two overnights per week. It is expected that the Hearing will require one day. I ;).. -;)-).. -0 V Date fl. . '--0 It~/ ~ Verney, EsqUire Custody Conciliator CLINT S. EARLY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW REBECCA L. EARLY, Defendant NO. 04-4441 CIVIL TERM ORDER OF COURT AND NOW, this 15th day of February, 2005, upon consideration of the attached letter from James A. Miller, Esq., attorney for Defendant, the custody hearing previously scheduled for February 17,2005, is CONTINUED GENERALL Y. Counsel are directed to contact the Court if they desire a hearing in this matter or if a settlement is reached. BY THE COURT, I,//O_/J Il/L/ '-7sJQi1 esley Oler, Jr., J. ~J. Smith, Jr., Esq. 134 Sipe Avenue Hummelstown, PA 17036 Attorney for Plaintiff ~mes A. Miller, Esq. 2157 Market Street Camp HilI, P A 17011 Attorney for Defendant > ~ ~ 0;;"-/4,- 05 :rc ^ ~~~~( PL.EASE "EPLY TO' JAMES A. MILL!>". ESQ, WRITEfif"o t:=."MAIL; JA.MES@,."....'T'L...AW.COM Monday, February 14, 2005 Judge Wesley Oler, Jr Attll: Ruth Cumberland County Courthouse I Courthouse Square Carlisle,PA 17013 Re: Clint S. c?rley v. Rebecca L. Earley No, 2004-4441 Civil Term - Custody Dear Judge Oler: Please be advised that I represent Rebecca L. Earley and Max Smith, Jr., Esquire represents Mr. Earley. A custody hearing is scheduled for Thursday, February 17,2005, before you, We have agreed to have this matter genenlilycontinued and accordingly, rt:YUI,:~l that you enter an Order consistent therewith. I appreciate your attention and please contact either Max or myselfif Ciuylhiug further is required. Sincerely, M/slc Cc: Max Smith, Esquire 2157 MA"KET STR!>ET . CAMP HIL.L, FA 17011 . (717) 737-6400' FAX, (717) 7::11-::>"'1;5 CLINT S, EARLY Plaintiff : IN THE COURT OF COM ON PLEAS OF : CUMBERLAND COUNT , PENNSYL VANIA v. : CIVIL ACTION-LA W REBECCA L. EARLY Defendant : NO. 04-4441 CIVIL TERM MOTION FOR HEARING 1. Previously in this case a hearing in Front of the Honorable J. Wesle Oler was scheduled for February 17, 2005, 2. As indicated in the attached February 15, 2005 Order of Cou , that hearing was continued generally. 3, The undersigned now represents Rebecca L. Early and not Attorney J mes A. Miller. It is anticipated that shortly a praecipe withdrawing the appearance of J mes A. Miller and entering the appearance of the undersigned will be filed with the Cou , 4. At the time of filing this motion, Rebecca L. Early anticipates firng an answer and counterclaim in response to the Custody complaint filed by Clint S. E rley. 5. The anticipated point of dispute between the parties is that Rebec a L. Earley seeks pennission from the Court to move with the minor child (Jillian) to FI rida, It is believed that Clint S. Earley opposes Rebecca L. Earley moving to Florida with JiIlian. WHEREFORE, Rebecca L. Earley request the Court re-schedule a hea ing in this matter. YOFFE & YOFFE, P.c. Jeffrey . Y offe, squire Attorney for Rebecca L. E rley 214 Senate A venue, Suite 03 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 jyojJe@verizon.net CLlNT S, EARLY Plaintiff : IN THE COURT OF COM ON PLEAS OF : CUMBERLAND COUNT , PENNSYL VANIA v. : CIVIL ACTION-LAW REBECCA L. EARLY Defendant : NO, 04-4441 CIVIL TERM CERTIFICATE OF SERVICE The undersigned certifies that a copy of the foregoing was served 0 Max J, Smith, Jr., Esq. on the date indicated below. Service was accomplished bye-mail at t e address indicated and by 1st class U,S. mail at the address indicated. Max J. Smith, Jr, Esq. P,O, Box 650 Hershey, PAl 7033 mjs@jsdc.com YOFFE & YOFFE, P.c. Date: L.-t 11/2()o~ Jeffrey . Y offe, Esquire Attorney for Rebecca L. arley 214 Senate A venue, Suite 203 Camp Hill, PA I701 1 (717) 975-1838 Attorney ID No, 52933 jyoffe@verizon.net " . CLINT S. EARLY, Plaintiff IN THE COURT OF CO"M:MON PEAS OF CUMBERLAND COUNTY, PENN YL VANIA v. CIVIL ACTION - LAW REBECCA L. EARLY, Defendant NO, 04-4441 CIVIL TERM ORDER OF COURT AND NOW, this 15th day of February, 2005, upon considerat on of the attached letter from James A. Miller, Esq" attorney for Defendant, the custody earing previously scheduled for February 17,2005, is CONTINUED GENERALLY. Counsel are directed to contact the Court if they desire a heari g in this matter or if a settlement is reached. BY THE COURT, dI~ J esley Oler, Jr., J. Max J. Smith, Jr., Esq, 134 Sipe Avenue Hummelstown, P A 17036 Attorney for Plaintiff James A. Miller, Esq. 4fS7 Market Street /Camp Hill, PA 17011 Attorney for Defendant :rc ,'"-) c:: , ..~ "" <=> c;:> ~, :1.':_ -0 ;::;;; o -n ..... ::r:ll r.l-- , -nrn ",'50 '-', ; ~~~i{i ;~iT! ;::( -;0) :i: ~,} C} , " CLINT S. EARLEY Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION-LAW REBECCA L. EARLEY Defendant : NO, 04-4441 CIVIL TERM ANSWER TO CUSTODY COMPLAINT AND COUNTERCLAIM 1. Admitted, 2, Denied. Rebecca L. Earley currently resides at 920 Chester Road, Apt. B, Enola, P A 17025. 3, Admitted 4, Denied, It is in the best interests of Jillian that Rebecca L. Earley be granted primary physical and shared legal custody of JilIian, 5. Denied. At all times Defendant has been reasonable in working with Clint S, Earley so that he could see Jillian. 6. Admitted as of the date Clint S, Earley filed his complaint. By way of further response, from on or around October 10, 2004 to mid-November 2004, Jillian and Rebecca L. Earley resided with Rebecca L. Earley's sister at 827 Tavistock Road, Mechanicsburg, PA 17050, From mid-November 2004 until mid-January 2005, Jillian and Rebecca L. Earley resided at Korman Communities, 2311 North Front Street, Harrisburg, P A. From mid-January 2005 to the present, Jillian and Rebecca L. Earley have resided at 920 Chester Road, Apt. B, Enola, P A 17025. 7. Admitted Rebecca L. Earley intended to stay permanently in Florida. It is denied Rebecca L. Earley told Clint S. Earley she and Jillian were merely visiting in Florida for a couple of weeks, By way of further response, Rebecca L. Earley was in Florida with ,~ : Jillian for approximately 2.5 months from the middle of July 2004 until early October 2004, During this 2.5 months, Clint S. Earley showed little interest in having any time with Jillian even though Rebecca L. Earley was making efforts to facilitate Clint S, Earley getting time with Jillian. 8, Admitted. 9, Admitted, 10. Admitted. COUNTERCLAIM II. Paragraphs I through 10 are incorporated herein by reference. 12. It is in the best interests of Jillian that Rebecca L. Earley be permitted to continue having primary physical custody of Jillian in Florida. 13, Such a move will increase the quality of life of both Jillian and Rebecca L. Earley. 14. Such a move is not motivated by a desire to frustrate the partial physical custody rights of Clint S. Earley, the noncustodial parent, or to impede the relationship between Clint S. Earley and Jillian, .. 15. Substitute partial physical rights which would grant Clint S, Earley the same time or substantially the same time with Jillian (which he now has) are feasible. WHEREFORE, Rebecca L. Earley requests the Court: A) Grant her primary physical and shared legal custody of Jillian; and B) Grant her permission to take Jillian with her to Florida. YaFFE & YaFFE, P.c. Jeffre N. Yo e, Esquire Attorney for Rebecca L. Earley 214 Senate Avenue, Suite 203 Camp Hill, PA l7011 (717) 975-1838 Attorney ID No. 52933 jyofJe@verizon,net . CLINT S. EARLEY Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION-LAW REBECCA L, EARLEY Defendant : NO, 04-4441 CIVIL TERM CERTIFICATE OF SERVICE The undersigned certifies that a copy of the foregoing was served on Max J, Smith, Jr., Esq. on the date indicated below. Service was accomplished bye-mail at the address indicated and by 1st class U,S. mail at the address indicated, Max 1. Smith, Jr, Esq, P.O. Box 650 Hershey, P A 17033 mjs@jsdc.com YOFFE & YOFFE, P.C. Date: Lf/q/Z-oof B~~(1s" Attorney for Rebecca L. Earley 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 jyoffe@verizon.net " CLINT S. EARLY Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION-LAW REBECCA L. EARLY Defendant : NO. 04-4441 CIVIL TERM VERIFICATION I hereby state that I am an adult individual who is authorized to make this verification and that the facts set forth in the foregoing Answer and Counterclaim are true 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. Dated: '. .~~' '1/ . .. jJt(t'd~ d/tI~ Rebecca L. Earley n c:: ;;"2' ~ ~ V' -~1 :iJ - - o -n S;:u fl in :;1,0 ),~ ::?:...r1, ;:?~y~ ~ .' :l" ""'" -".,. ~.) ., ~{~ o ..0 - ." , RECEIVED APR 12 1005 r- ~1 CLINT S. EARLY Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION-LAW REBECCA L EARLY Defendant : NO. 04-4441 CIVIL TERM ORDER OF COURT AND NOW, this \'5. li1 day of , 2005, in consideration of the motion for hearing filed by Rebecca 1. Earley, it is hereby Ordered that a hearing in this matter is scheduled in Courtroom No, / County Courthouse, on the /3.tk day of f~ , of the Cumberland ,2005, at '-r..3JC' a,m./p.m. 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 ten days prior to the Hearing date, All other terms of this Court's December 27, 2004 Order shall remain in effect until further Order of Court. BY THE COURT 1. ~~ Lj-It.{-()5 ..A.0 ~;:. ~2. l..,P -- ../ '::.... ~2. ,-0 C"'" c:::O ,..... \.}.... o ~_..~. ---""'-'"~'~"-'- -",^"..", ~_.--~ CLINT S. EARLEY Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION-LA W-CUSTODY REBECCA L. EARLEY Defendant : NO. 04-4441 CIVIL TERM PRAE IPE TO ENTER/WITHDRAW APPEARANCE On behalf of Rebecc L. Earley, please enter the appearance of Jeffrey N. Yoffe, Esq, and withdraw the appearance of James A. Miller, Esq. Miller Lipsitt LLC YOFFE & YOFFE, P.C, \ -t:~1...-/ By James . Miller, Esq. 2 I Market Street amp Hill, PA 170] I (717)737-6400 james@paatlaw.com Byl ,/ Jeffre . Y offe, Esquire 2] 4 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-] 838 Attorney ID No. 52933 jyoffe@verizon.net !-,.) +':~) ,;';;') ~, .--1 \I.) 0-1 -.<--......- . CLINT S. EARLEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW REBECCA L. EARLEY, Defendant NO. 04-4441 CIVIL TERM ORDER OF COURT AND NOW, this 14th day of June, 2005, upon consideration of Plaintiffs complaint for custody, and Defendant's counterclaim for custody, with respect to the parties' child, Jillian O. Earley (d.o.b. April 29, 2003), following a hearing, based upon the court's perception as to the best interest of the child, and the court finding (a) that the Defendant's proposed relocation of the child to Florida is not likely to significantly improve the quality of life for the child or Defendant, (b) that the proposed relocation is not motivated solely by a desire to impede or frustrate the visitation rights of Defendant, and (c) that the relocation of the child to Florida would not feasibly lend itself to maintenance of a continuing, meaningful relationship between the child, at her present age, and Defendant, which heretofore has been characterized by regular and frequent contact, it is ordered and directed as follows: I. The relocation of the child's primary residence to Florida is not approved; and 2. The custodial terms of the order of court dated December 27, 2004, shall remain in full force and effect with the exception of paragraph 8 (restricting the child's presence to Pennsylvania), which is deleted. ~\ S :0\ ~\\J S I nor SOGl i.HvlOi\f)Hl.OI:JC\ 3'rU. :\0 :DI:l:l0-G311J . . ~x J. Smith, Jr., Esq. 134 Sipe Avenue Hummelstown, P A 17036 Attorney for Plaintiff ~frey N. Y offe, Esq. 214 Senate Avenue Camp Hill, PA 17011 Attorney for Defendant :rc BY THE COURT, > ~ ~,o? 01.0" I --- CLINT S. EARLY, Plaintiff v. REBECCA L. EARLY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2004-4441 CIVIL TERM ORDER OF COURT AND NOW, this 13th day of June, 2005, upon consideration of Plaintiff's complaint for custody and Defendant's counterclaim for custody with respect to the parties' child, Jillian O. Early (date of birth April 29, 2003), and following a under advisement. hearing, the record is declared closed and the matter is taken ~x J. Smith, Jr., Esquire P.O. Box 650 Hershey, PA 17033 For the Plaintiff '" ~effreyN. Yoffe, Esquire 214 Senate Avenue Ste 203 Camp Hill, PA 17011 For the Defendant pcb By the Court, J oL , Jr., J. S I :~ lid 02 nnnOOl AtfvlOi\UH1()bd 3Hl :IO 381~jO-o:n!;j CLINT S. EARLEY, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION - LAW :IN CUSTODY REBECCA L. EARLEY, Defendant :NO. 2004--4441 CUSTODY STIPULATION THIS STIPULATION made this 31~.\- day of {"lAM , 2006, by and between CLINT S. EARLEY (hereinafter referred to as "Father") and REBECCA L. EARLEY (hereinafter referred to as "Mother"). WITNESSETH: WHEREAS, Father, Clint S. Earley, is an adult individual who resides at 1555 Willow Mill Park Road, Mechanicsburg, Cumberland County, Pennsylvania; WHEREAS, Mother, Rebecca L. Earley, is an adult individual temporarily residing with her mother at 83 Citrus Park Lane, Boynton Beach, Florida; WHEREAS, Mother and Father are the natural parents of one (1) minor child, namely JILLIAN O. EARLEY, born April 9, 2003 (hereinafter referred to as the "Child"); WHEREAS, Father filed a Complaint for Custody, a result of which a custody hearing was held before the Honorable J. Wesley Oler, Jf., on June 13,2005; I. WHEREAS, pursuant to said hearing, an Order of Court was entered on June 14, 2005 by said Honorable Court adopting previous Order dated December 27, 2004; (True and correct copies of the Court's June 14, 2005 and December 27, 2004 Orders are attached hereto, marked as Exhibit A and incorporated herein); and WHEREAS, the parties have agreed to temporarily modify the Order dated June 14,2005, while Mother attends school in Florida to complete her Master's Degree which will provide her with a better opportunity to obtain gainful employment in Pennsylvania, and the parties therefore desire to have this Stipulation incorporated as an Order of Court; NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth and intending to be legally bound hereby, the parties stipulate and agree as follows: 1. Lee:al Custody. The parties shall continue to share legal custody of the minor Child JILLIAN O. EARLEY born April 9, 2003. Each parent shall have an equal right, to be exercised jointly and in consultation 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 affecting the Child's health, education, and religion. Pursuant to the terms of Pa.C.S. ~5309, each parent shall be entitled to all records, including, but not limited to, school records, medical records and pertinent information, the residence address of the Child, and the residence address 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 reports and information of reasonable use to the other parent. 2 2. Phvsical Custody. The parties will share physical custody of the Child until June 30, 2007, Mother's anticipated graduation date. The parties will share custody on an alternating monthly or 4 week interval basis. This arrangement will begin with Mother having custody of the Child for the entire month of April, 2006, and Father having custody during May 2006, with months alternated thereafter. The parties will agree between themselves on the exact dates that Jillian will be transferred from one parent to the other. A. When Mother returns to Cumberland County, Pennsylvania, the custody arrangement will revert to the schedule which is referenced in the Order dated June 14, 2005. B. Should Mother fail to return to Cumberland County, Pennsylvania by June 30, 2007, then Father shall have primary physical custody of the Child from that date forward. C. The parties acknowledge that Mother's residency in Florida is only temporary for the purpose of her completing her education and that she remains a legal resident of the Commonwealth of Pennsylvania. The parties further acknowledge that Mother has not legally relocated to Florida nor has Father consented to the same. Rather Mother is currently in Florida on a temporary basis with Father's consent so long as her residence there is indeed temporary. 3. All payments of child support from Father to Mother shall be applied toward the cost of transportation for Jillian to and from Pennsylvania to Florida. To the extent such payments do not cover the transportation costs, Mother shall be responsible for same. 4. The parties agree that the Commonwealth of Pennsylvania shall remain as the home state of Jillian and that the Commonwealth of Pennsylvania shall retain 3 " jurisdiction under 42 Pa.C.S.A. 540 let. seq. in all proceedings involving custody of the Child, and that venue is proper in Cumberland County, Pennsylvania. 5. In recognition of jurisdiction resting in the Commonwealth of Pennsylvania and venue being in Cumberland County, Pennsylvania, the parties agree that at all time while this Order is in effect, any and all court filings relating to custody of Jillian must be filed in the Court of Common Pleas of Cumberland County. Should Mother file a custody action in Florida involving the Child attempting to have Florida assume jurisdiction, such will be deemed a nullity, and Father will immediately assume primary physical custody of Jillian. 6, The parties may modify this Order by mutual written agreement. In the absence of mutual written consent of the parties, the terms of this Order shall control. 7. Legal reDresentation. Father is represented by Max 1. Smith, Jr., Esquire. Mother is represented by Elizabeth S. Beckley, Esquire. Both parties have been informed of the purpose of this Stipulation and its legal effects and consequences. Each of the parties has carefully read and fully considered this Stipulation and all of the statements, terms, conditions, and provisions thereof prior to signing below. The parties agree that this Stipulation will be made into an Order of Court which may be modified by mutual written agreement. In the absence of a mutual written agreement, the terms of the Order shall control pending further Order of Court. 4 . ' . " IN WITNESS WHEREFORE, the parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year set forth below. WITNESS: Max J. Smith, Jr squire Counsel for Clint S. Earley t!i6 ad-J C~ Clint S. Earley r- /lr/rk ~te /1 I / :{~((,t',.tI~fY-- Rebecca 1. Earley 5 ....-, (-, -- L,'" c~ . v , Plaintiff APR 1 8 2006 'I :IN THE COURT OF COMMON PLEAS OF {Y :CUMBERLAND COUNTY, PENNSYLVANIA CLINT S. EARLEY, v. :CIVIL ACTION - LAW ;CUSTODY REBECCA 1. EARLEY, Defendant :NO.2004--4441 ORDER AND NOW, this ~day of IQ f' <; ; !_, 2006, upon presentation and consideration of the attached Custody Stipulation, it is hereby ORDERED and DECREED that said Stipulation as submitted and executed by the parties shall be incorporated herein and made part hereof. BY THE COURT: '0 r\');\Y ~ 0\ . "() . ~~~ M\ o f' \ ~,\ \ \ \' "_:: c r. \ . 'n :,\-\L