The URL can be used to link to this page

Home My WebLink About02-0901 G. SCOTT TATE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2002-901 - CIVIL TERM DA VI T. YOUTZY, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this / 7~ay of July, 2002, upon consideration of the within motion for a continuance, the request for a continuance is hereby granted. The custody hearing in this matter i, herehy ",hodu!,d to th, ~ day of /'Ja&d. r..L 20@' E 04,'c1ock I'M. in AN~ ~ TtA tt.V' AU&M..tt ~:(j' ~ /h Courtroom # 5 ofthe Cumberland County Courthouse, Carhs e, PennsylVania. · ~~~?Jo.. ;t;-, cJ4'~ .,2P- 1:2 is UJ s~; ~C'~ , . (.')\ . t '-, 8i~.. u: (") ('oJ LI.- C'. ;-:: -rAi,:;C ~ Z :=1..-- (=)~ r'''i~ .~ ?-- :_:;!~ ~_:."&) Sz r~~ ::) (.) r-- ....J -~ ==) (',I Q O~ - qOI - C/'v:L I~ IN THE COURT OF COMMON PLEAS OF MIFFLIN COUNTY. PENNSYLVANIA G. SCOTT TATE, DAVIT. YOUTZY, Defendant 'a ~-o ~ Civil Action No. 1065 ~~93 % ~-I C'"'l o~ "j ..,,:%, ("')0 -0 0-1 c::Y" ';0';0 -I -< N Cf> -' AND NOW, this 27th day of December, 2001, Defendant's Petition for Change of Venue, filed Plaintiff ORDER ~ - .." .." ,.." ~r= ("')rT\ 00 c:: fSl ~ v. November 28,2001, is hereby GRANTED. This Court finds a change of venue is appropriate pursuant to PaRC.P. 1915.2(d). The minor child, who is the subject of this litigation, has resided in Cumberland County since May, 1995. This action could have been brought in Cumberland County at the time of Defendant's filing of her Petition for Change of Venue. This Court finds that a change of venue is necessary for the convenience of the parties and witnesses. In addition, substantial evidence regarding the child's care, education and personal relationships is more available in Cumberland County. The Prothonotary ofMiffiin County shall forward to the Prothonotary of Cumberland County certified copies of the docket entries, process, pleadings and other papers filed in the action. The costs and fees of the Petition for Change of Venue and the removal of the record shall be paid by the Defendant in the first instance to be taxable as costs in the case. BY THE COURT: r~~- ---. PRESIDENT JUDGE c: Rebecca R Hughes, Esq., 60 W. Pomfret St, Carlisle, PA 17013 Claire A. Kimmel, Esq., 201 W. High St., Bellefonte, PA 16823 Orris Knepp, Esq. Prothonotary File ~ ~t l'd.-all-\)\ 1'\ 14365612272001 PYS835 Mifflin County pen~sylvania Docket Entrles Pqge 2 12/27/2001 Case No 1993-01065 TATE G SCOTT (VS) TATE DAVI T Date Filed ------------------------------------------------------------------------------- ~1 8/10/93 COMPLAINT IN DIVORCE FILED. ------------------------------------------------------------------------------- \2 8/20/93 AFFIDAVIT FILED. ------------------------------------------------------------------------------- \3 8/23/93 MOTION FOR HEARING FILED. ------------------------------------------------------------------------------- ~ 8/23/93 NOTICE/ANSWER FILED. ------------------------------------------------------------------------------- \5 9/27/93 MOTION AND ORDER FILED SCHEDULING A CONFERENCE. COPIES OF ORDER DIST. TO APPROPRIATE PARTIES. ------------------------------------------------------------------------------- \6 9/27/93 ORDER FILED SCHEDULING HEARING ON MOTION. COPIES OF ORDER DIST. TO APPROPRIATE PARTIES. ------------------------------------------------------------------------------- ,7 10/15/93 ORDER FILED SETTING VISITATION COPIES DISTRIUBTED TO ALL APPROPRIATE PARTIES ------------------------------------------------------------------------------- ~ 11/16/93 DEFENDANT'S AFFIDAVIT OF CONSENT FILED. ------------------------------------------------------------------------------- \9 11/19/93 PLAINTIFF'S AFFIDAVIT OF CONSENT FILED. ------------------------------------------------------------------------------- ~O 11/19/93 PRAECIPE TO TRANSMIT RECORD FILED ------------------------------------------------------------------------------- \11 11/30/93 DECREE IN DIVORCE FILED. COPIES OF DECREE DISTRIBUTED TO APPROPRIATE PARTIES. ------------------------------------------------------------------------------- ~2 3/24/94 NOTICE OF INTENTION TO RESUME PRIOR SURNAME FILED ------------------------------------------------------------------------------- ~3 12/09/94 PETITION FOR MODIFICATION OF VISITATION ORDER FILED ~4-i2/i3/94-0RDER-FILED-CONFERENCE-IS-SCHEDULED-FOR-JANUARY-9-9S-AT-i~30PM---- COPIES DISTRIBUTED TO ALL APPROPRIATE PARTIES 'is-i2/i6/9S-PETITION-TO-MODIFY-FILED------------------------------------------ VERIFICATION FILED CERTIFICATE OF SERVICE FILED ------------------------------------------------------------------------------- ~6 12/21/98 AMENDED CERTIFICATE OF SERVICE FILED ------------------------------------------------------------------------------- ~7 12/23/98 ORDER FILED COPIES DISTRIBUTED FROM CHAMBERS -~--i/04/99-PETITION-FOR-MODIFICATION-OF-CHILD-CUSTODY-ORDER-FILED------------ ------------------------------------------------------------------------------- t9 1/06/99 RULE TO SHOW CAUSE FILED - CONFERENCE SCHEDULED 1/29/99 AT 11 PM COPIES DISTRIBUTED TO CLAIRE KIMMEL & ORRIS KNEPP FROM CHAMBERS ------------------------------------------------------------------------------- ~ 1/19/99 APPEARANCE OF CLAIRE A KIMMEL ESQ ON BEHALF OF PLAINTIFF FILED ------------------------------------------------------------------------------- ~ 2/25/99 ORDER FILED COPIES DISTRIBUTED TO ALL APPROPRIATE PARTIES ------------------------------------------------------------------------------- ~ 5/14/99 PETITION FOR CONTEMPT FILED ------------------------------------------------------------------------------- ~ 5/18/99 RULE TO SHOW CAUSE FILED - HEARING SCHEDUELD FOR 6/1/99 AT 2 PM COPIES TO CLAIRE KIMMEL & ORRIS KNEPP FROM CHAMBERS PER HM ------------------------------------------------------------------------------- ~ 5/24/99 RESCHEDULING ORDER FILED COPIES DISTRIBUTED FROM CHAMBERS ~;---------------------------------------------------------------------------- ~ 6/22/99 PETITION FOR MODIFICATION OF A PARTIAL CUSTODY ORDER FILED ANSWER TO CONTEMPT PETITION WITH COUNTERCLAIM FILED -~-7/oi/99-iNSWER-TO-COUNTERCLAIM-FOR-ATTORNEYS-FEES-AND-TO-PETITION-FOR----- MODIFICATION OF CUSTODY ORDER FILED VERIFICATION FILED ~-ii/i3/oi-PETITION-FOR-MODIFICATION-OF-CHILD-CUSTODY-ORDER-FILED------------ -~-ii/i6/oi-~g~~~~o~~~~~~~g~i~F~~E~~O~ti~~~~~~~~:~~~~~~4SPM---------------- G. SCOTT TATE, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION : NO. 02-901 DAVI TATE, Defendant : IN CUSTODY PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance as counsel of record for the Defendant in the above captioned Re Paul Bradfo 50 East High Street Carlisle, P A 17013 (717) 258-8558 Supreme Court ID # 71786 matter. TH D,~ ~NO~ By: e "'" ~ """ "'" ..... :>.. ".. ii ~w c: Z::tl (;") 65~ I 2::2 <.D r-' <:: -,' '"1:) :C..,.~ ~C, ::J:: g~ >~ ~ ~ N ~ c.n :<; ".- 14365612272001 PYS835 Mifflin County pennsylvania Docket Entries Pqqe 3 12/27/2001 Case No 1993-01065 TATE G SCOTT (VS) TATE DAVI T Date Filed ------------------------------------------------------------------------------- ~ 11/27/01 RULE TO SHOW CAUSE FILED COPIES DISTRIBUTED TO ALL APPROPRIATE PARTIES -~ii/27/oi-PETiTioN-FOR-LEAVE-TO-wiTHDRAW-FiLED------------------------------ ------------------------------------------------------------------------------- ~11/28/01 PETITION FOR CHANGE OF VENUE FILED ------------------------------------------------------------------------------- ~ 12/03/01 ORDER AND RULE FILED RULE RETURNABLE 12-17-01 9AM COPIES DISTRIBUTED TO ALL APPROPRIATE PARTIES ------------------------------------------------------------------------------- ~ 11/30/01 ANSWER TO PETITION FOR CHANGE OF VENUE FILED ~~~~~~~~~~~~~~;~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ HEARING RESCHEDULED TO DEC 17, 2001 8:30AM COPIES DISTRIBUTED TO ALL APPROPRIATE PARTIES -36-~7/oi-ORDER-FiLED-PROTHONOTARY-OF-MC-SHALL-FORWARD-TO-THE-PROTHONOTARY-- ~/~ OF CUMBERLAND CO CERTIFIED COPIES OF THE DOCKET ENTRIES PROCESS PLEADINGS AND OTHER PAPERS FILED IN THE ACTION THE COSTS AND FEES OF PETITION FOR CHANGE OF VENUE AND THE REMOVAL OF THE ROCORD SHALL BE PAID BY THE DEFENDANT IN THE FIRST INSTANCE TO BE TAXABLE AS COSTS IN THE CASE FILED COPIES DISTRIBUTED TO ALL APPROPRIATE PARTIES FILE CERTIFIED AND SENT TO CUMBERLAND CO PROTHONOTARY AS ORDERED ------------------------------------------------------------------------------- ----------------------- End of Docket Entries --------------------------------- Certified from the record as entered and filed in this office. IN TESTIMONY WHEREOF. I hereunto !let mv hand and cause the Seal the Court ~p~D~ IN THE COURT OF COMMON PLEAS OF MIFFLIN COUNTY. PENNSYLVANIA G. SCOTT TATE, Plaintiff v. Civil Action No. 1065 of 1993 DAVIT. YOUTZY, Defendant RESCHEDULING ORDER AND NOW, this 4th day of December, 2001, a hearing is scheduled Monday, December 17, 2001 at 8:30 a.m. at the Miftlin County Courthouse, Lewistown, PA. The hearing shall address Defendant's Petition for Change of Venue and defense counsel's Petition for Leave to Withdrawal. BY THE COURT: --h~ TIMOTHY S. SEARER PRESIDENT JUDGE c: Rebecca R. Hughes, Esq., 60 W. Pomfret St., Carlisle, PA 17013 Claire A. Kimmel, Esq. 201 W. High St., Bellefonte, PA 16823 Orris Knepp, Esq. File ~~ (~-S-Ol ~ (J ......, :I: = r-- 9 '.' ..., rT1 ?.J ;00 = ..., rT1 C..., :;::;<;-i (""') 0::C I z:- r ,,~ U1 ("') rT1 ("')0 00 0-1 J> c: c: >c> :z ::;0 :::0 Q -i -i-< -< 0 UJ 0 . IN THE COURT OF COMMON PLEAS OF MIFFLIN COUNTY, PENNSYLVANIA G, SCOT TATE, Plaintiff VS. civil Action No, 1065 of 1993 DAVI T, YOUTZY, IN CUSTODY Defendant ANS\VER TO PETITION FOR CHANGE OF VENUE AND NOW ( comes the Plaintiff G, SCOT TATE, by and through his attorneys, HAMILTON and KIMMEL, and files the within Answer to Petition for Change of Venue, averrin~~ f~lo~: 1', ;:.() - -" ;::.00 ;:7. ~ ~, --\ c-> ~ -,., o :x: I :;;;~ ;::: '- 0 ' ""T1 :z LV () [Tl (")0 00 0::::1 J> S c:: ..- ~4l- -0;::.0 5-t 4, Both parents have had substantial ~?iOdi ot< L Admitted. 2 . Admitted. 3 . Admitted. custody with the child in the county in which they reside, 5, Father has had substantial periods of partial physical custody in Mifflin County. 6. The child has attended school in Cumberland County. 7. It is denied that most of the relevant witnesses for a full custody hearing are in Cumberland County. To the contrary, the most relevant witnesses in this action will be the parents. Additionally, friends, relatives, and the child's step- mother who could testify in this matter reside in Mifflin county and have been advised of the pending proceedings. In fact, all relatives on both sides of the family reside in Mifflin county. HAMILTON AND KIMMEL ATTORNEYS AT LAW 201 WEST HIGH STREET BELLEFONTE,PA16823 '" HAMILTON AND KIMMEL ATTORNEYS AT LAW 201 WEST HIGH STREET BELLEFONTE,PA16823 Plaintiff requests a hearing on the issue of change of venue and requests an offer of proof identifying all witnesses who shall be subpoenaed to testify by the Defendant, 8, Rule 1915,2 of the Pennsylvania Rules of civil Procedure at Section (b) and (c) states that physical presence of the child is not a pre-requisite to venue and the physical presence of the child within a county is not alone sufficient to establish venue, 9, Although this case could have been brought in Cumberland County it was not brought in that county, It has been pending in Mifflin County since 1993, There have been numerous proceedings in Mifflin County regarding this child and orders entered concerning the child's custody. Because of the history of the case and the length of time that it has been pending in Mifflin County, it should remain in Mifflin County for hearing on Father's Petition for Modification of Custody and seeking primary physical custody, particularly in light of the fact that if there is a transfer in custody, the child will then be residing in Mifflin County, 10. The issue of convenience for witnesses will exist irrespective of trying this case in Mifflin County or Cumberland County. Cumberland County will be an inconvenient forum for all witnesses from Mifflin County, . ' HAMILTON AND KIMMEL ATTORNEYS AT LAW Z01 WEST HIGH STREET BELLEFONTE,P.A16823 WHEREFORE, Plaintiff respectfully requests that the Court deny the Defendant's Petition for Change of Venue. Respectfully submitted, HAMILTON AND KIMMEL BY, /l a (@ HAMILTON AND KIMMEL ATTORNEYS AT LAW 201 WEST HIGH STREET BELLEFONTE.P.A16823 VERIFICATION I hereby verify that the statements appearing in the foregoing pleading are true and correct to the best of my knowledge and b~lief based upon information received. I understand that the statements made herein are subject to penalties of 18 Pa.C.S,A. Section 4904 relating to unsworn falsification to authorities, Claire A. Kimmel, Esquire HAMILTON AND KIMMEL ATTORNEYS AT LAW 201 WEST HIGH STREET BELLEFONTE,PA16823 IN THE COURT OF COMMON PLEAS OF MIFFLIN COUNTY, PENNSYLVANIA G, SCOT TATE, Plaintiff VS, civil Action No, 1065 of 1993 DAVI T. YOUTZY, IN CUSTODY Defendant CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the foregoing Answer to Petition for Change of Venue. filed in the above-captioned matter was served by First Class mail, postage prepaid, addressed to the following: Orris C. Knepp, III, Esquire 10 South Wayne Street p,O, Box 551 Lewistown, PA 17044-0551 Rebecca R. Hughes, Esquire West Pomfret Prof, Bldg, 60 West Pomfret Street Carlisle, PA 17013-3222 BY: Date: 11- ~_. 0/ 11/30/2001 11:32 LTON Af4D KJNMlEL TOfV\lEW"S AT LAW WUTHlCJt( ~ L.&PONTE. iliA t..a 8143552'305 HAMILTON AND KI~MEL PAGE 133 " I I I i I i i I i II G, SCOT TATE, !I II II II ~ i I I I , I 1:5 z 52 :;; rrl::::O ::z ..., ::0 0 S; , ..., :;:r;::-I - IN THE COURT OF COMMON PLEAS OF MIFFLIN COUNTY, ~~YL~I~r= "":z: 0 ("') r"'1 ("')~ 1J go o ):>' :z: ~::o -;:,-1 -1-< -< (J) ...J '. civil Action No. 1065 of 19'~ ("') ,"'D Plaintiff "";5, D/WI T. YOUTZY, IN CUSTODY Det'endant ~ij~WER TO PET~TIO~ FOR CHANGE OF VENUE AND NOW~ comes the Plaintiff G. SCOT TATE, by and through his attorneys, HAMILTON and K!MMEL, and files the within Answer to Petition for Change of Venue, averring as follows: 1. Admitted, 2. Admitted, ), Admitted. 4. Both parents have had substantial periods of custody with the child in the county in which they reside. 5. Father has had substantial periods of partial physical custody in Mifflin County. 6, The child has attended school in Cumberland County. 7. It is denied that most of the r~levant witnesses for a full custody hearing are in Cumberland County. To the contrary, the most relevant witnesses in this action will be the parents. Additionally, friends, relatives, and the child's step- mother who could testify in this matter reside in Mifflin County and have been advised of the pending proceedings. In fact, all relatives on both sides of the family reside in Mifflin county. -' 11/30/2001 11:32 I I I I I I I i ,. I IIt.TON AND KIMMEL n-,ORNEYS AT LA.W l WUT..... STREET .~ON:'T'K.""'~' 8143552905 HAMILTON AND KIMMEL PAGE 07 IN THE COURT OF COMMON PLEAS OF MIFFLIN COUNTY, PENNS~LVANIA G. SCOT TATE I Plaintiff VS. LJAVI T. YOUTZY, Defendant civil Action No. 1065 of 1993 IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy ot the foregoing Answer to petition for Change of Venue, filed in the above-captioned matter was served by First Class mail, postage prepaid, addressed to the following: orris c. Knepp, III, Esquire 10 South Wayne street P,O. BOX 551 Lewistown, PA 17044-0551 Date: I/-~.. Cl/ Rebecca R. Hughes, Esquire West Porofret prof. Bldg. 60 West Pornfret Street Carlisle, PA 17013-3222 11/30/28131 11: 32 I",TON ~D KlMMI!L 'TO~ ,..'tI,AW WU't' I1JGH ~ LD'OHft, M ,.., 81<13552905 HAMILTON AND KIMMEL PAGE 06 VERIFICATION I hereby verify that the statements appearing ~n the foregoing pleading are true and correct to the best of my knowledge and belief based upor. information received. r understand that the state~ents made herein are supject to penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. ~ Claire A. Kimmel, Esquire 8143'5529135 HAMILTON AND KIMMEL 11/30/~001 11:32 II I I i I I I I I I I I I IIL.TON .AND KIMMELl \i"nJ1IVIIEV'S AT LAW ! ... WCtT ......... .,.,..,. ~ M, t.aaa PAGE 135 WHEREFORE, Plaintiff respectfully requests that the Court deny the Defendant's Petition for Change of Venue. Respectfully submitted, HAMILTON AND KIMMEL BY: /fa (@~ 11/3J/2001 11:32 I il \1 I I I IL'tON AND KlMMtE:L rTC(IllNEV5 ATLA.,W w~ ""';H STREET .LE....ON'I'C. M 1 MU 81435529tJ5 HAMILTON AND KIMMEL PAGE tJ4 Plainti!r requests a hearing on the issue of change of venue and !I reques~s an offer of proof identifying all witnesses who shall be I I i I I. subpoenaed to testify by the Defendant. 8. Rule 1915.2 of the Pennsylvania Rules of Civil .. Procedure at Section (b) and (c) states that physical presence of the child is not a pre-requisite to venue and the physical presence of the child within a county is not alone sufficient to establish venue. , I I I II I i 9. Although this case could have been brought in Cumberland County it was not brought in that county. It has been pending in Mifflin County since 1993. There have been numerous proceedings in Mifflin County regarding this child and orders entered concerning the chLld's custody. Because of the history of the case and the length of time that it has been pending in Mifflin County, it should remain in Mifflin county for hearing on Father's Petition for Modification of Custody and seeking primary physical custody, particularly in light of the tact that if there is a transfer in custody, the child will then be residing in Mifflin County. 10. The issue of convenience for witnesses will exist irrespective of trying this case in Mifflin County or Cumberland County. Cumberland county will be an inconvenient forum for all witnesses from Mifflin County. I IN THE COURT OF COMMON PLEAS OF MIFFLIN COUNTY. PENNSYLVANIA CIVIL ACTION - LAW G. SCOTT TATE Plaintiff No. 1065 of 1993 vs. IN CUSTODY (") ~ r- -0 5! rr'I ::0 ::00 ~-t 0::C "Tl~ (")0 g~ )> +- ORDER AND RULE ~~ ~ AND NOW, this l$ day of N 0\1 _ ,2001, after review of the ~tition t~ DA VI T. YOUTZY Defendant Withdraw filed by Knepp & Snook in the above-captioned action, the Court hereby issues the following Rule upon the parties to show cause why the relief requested therein should not be granted. 't'- Rule returnable on the n day of l)~ ~ , 2001. e. '\ ~ BY THE COURT: - y~ fF- ~ ~ t:, eJL~ t~. O,~<t~tj I i II aO \ 0 \ 1<>\ ~ - "Tl ~ "Tl ~ C.." I zr= W (")f'T1 00 c Z -t -< ----- PJ. IN THE COURT OF COMMON PLEAS OF MIFFLIN COUNTY. PENNSYLVANIA CIVIL ACTION - LAW G. SCOTT TATE Plaintiff No. 1065 of 1993 vs. IN CUSTODY DAVIT. YOUTZY Defendant n ~ .-0 52 f'T1 :::0 :z: :::0 0 <=:) ;:J; -i <: 0;5 N PETITION FOR LEAVE TO WITHDRAW ~~-' 0> 1) AND NOW comes Orris C. Knepp, ill, and Knepp & Snook, attorneys f~endlWt, ~-< w Davi T. Y outzy, and file the following Petition and in support thereof avers as follows: 3: .." .." C.." z- ., nm 00 c:: z -i -< 1. Orris C. Knepp, ill, and the law firm of Knepp & Snook and/or Brugler & Levin represented Davi T. Youtzy in the above-captioned matter at previous conferences and hearings. 2. From time to time correspondence has been sent from Plaintiffs attorney to Knepp & Snook relating to this action. 3. Orris C. Knepp, ill, has forwarded all such correspondence onto Davi T. Youtzy and to the best of his recollection. No response was received from Mrs. Youtzy thereto. 4. On November 13, 2001, copy of the Plaintiff s Petition to Modify Custody was forwarded to Davi T. Y outzy by Orris C. Knepp, ill. 5. On November 19, 2001, copy ofthe Court's scheduling Order setting a conference for December 5th was forwarded to Mrs. Y outzy by Orris C. Knepp, ill. 6. Simultaneously with the filing ofthis Petition, a copy of the Court's most recent scheduling order setting a conference for December 17, 2001 is being sent to Mrs. Y outzy. 7. On or about November 13, 2001, Orris C. Knepp, III and Knepp & Snook informed Mrs. Y outzy that her outstanding bill for legal services must be paid in full and a retainer paid in order for Knepp & Snook to continue providing legal services to Mrs. Y outzy. 8. Said correspondence also indicated that if the outstanding bill was not paid and a retainer not deposited by November 27,2001, Knepp & Snook would file a Petition to withdraw as her counsel. WHEREFORE, Orris C. Knepp, Ill, and Knepp & Snook respectfully request this Court to issue a Rule upon the parties to show cause why they should not be allowed to withdraw as counsel for Davi T. Youtzy in the above-captioned matter. Respectfully submitted, Date: November 27, 2001 IN THE COURT OF COMMON PLEAS OF MIFFLIN COUNTY. PENNSYLVANIA CIVIL ACTION - LAW G. SCOTT TATE Plaintiff No. 1065 of 1993 vs. IN CUSTODY DA VI T. YOUTZY Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the above document upon all counsel of record by depositing the same in the United States Mail, first class, postage prepaid, at Lewistown, Pennsylvania, on the 27th day of November, 2001, addressed as follows: Claire A. Kimmel, Esquire Hamilton & Kimmel 201 West High Street Bellefonte, P A 16823 Davi Y outzy 16 Montsera Road Carlisle, PA 17016 KNEPP & SNOOK ~ By ORRIS C. PP. ill . Attorney J.D. #61921 10 South Wayne Street P. O. Box 551 Lewistown, P A 17044-0551 (717) 247-3787 IN THE COURT OF COMMON PLEAS OF MIFFLIN COUNTY, PENNSYLVANIA G. SCOTT TATE, Plaintiff v. Civil Action No. 1065 of 1993 (J ~ r-" c::>_ :r rrt::o - ::0 0' :z: -" ::x: -l <::) -" 0' ::z: c: !:: -" -" 0' N z;= :z:: Q) (J ,.., g~ ).> co c:: l> ~ AND NOW, comes the defendant, DAVI T. YOUTZY, by and thro~er ~o~s, (/) ~ IRWIN, McKNIGHT & HUGHES, Esquires, and files this Petition for Change g:f Venue DAVIT. YOUTZY, Defendant IN CUSTODY PETITION FOR CHANGE OF VENUE according to Pennsylvania Rules of Court, Rule 1915.2(d), making the following statement: 1. On or about November 13, 2001, the plaintiff, G. Scott Tate, filed a Petition for Modification of Child Custody with the Mifflin County Prothonotary. 2. The plaintiff is requesting that primary physical custody be awarded to him. 3. On or about November 16,2001, a conference was scheduled for December 5,2001. 4. The minor child, who is the subject of this litigation, has resided primarily with the defendant in Cumberland County since May, 1995. 5. The minor child has not resided in Mifflin County since August, 1993. 6. The minor child has attended the same school for the last 5 years in Cumberland County. 7. Most of the relevant witnesses necessary for a full custody hearing reside in Cumberland County, including but not limited to the following: a. Mr. & Mrs. Pfeiffer (daycare providers for the last 6 years) b. Teachers c. Principal of Elementary School , . d. Amy & Greg Metzger (friends with great involvement in child's life) e. Bryan Y outzy ( Stepfather) f. Basketball, football and baseball coaches 8. According to Pennsylvania Rules of Court, Rule 1915.2(d), "[f] or the convenience of parties and witnesses the court upon petition of any party may transfer an action to the appropriate court of any other county where the action could originally have been brought or could be brought at the time of filing the petition to transfer." 9. This action could have been brought in Cumberland County according to Pennsylvania Rule 19l5.2(a)(1)(L). 10. For the convenience of the witnesses who would be relevant to a custody proceeding, and to assure that all infonnation relative to the welfare of the child is available to the Court, this matter should be transferred from Mifflin County to Cumberland County. WHEREFORE, the defendant, Davi T. Youtzy, respectfully requests that this matter be transferred to Cumberland County to assure that the best interests and pennanent welfare of the child can be explored in a convenient forum for all involved. Respectfully submitted, IRWIN, McKNIGHT & HUGHES REBECCA R. HUGHES, ESQ 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Supreme Court I.D. No. 67212 Attorney for Defendant, Davi T. Y outzy Date: November 27,2001 VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. ~"T= DA VI T. YOUTZY L\~ Date: November 27 , 2001 IN THE COURT OF COMMON PLEAS OF MIFFLIN COUNTY, PENNSYLVANIA G. SCOTT TATE, Plaintiff, v. : Civil Action No. 1065 of 1993 DAVIT, YOUTZY, Defendant. : IN CUSTODY CERTUITCATE OF SERVICE I the undersigned hereby certifY that on this 27th day of November, 2001, a copy of the foregoing document was served by frrst-class, postage prepaid United States mail in Carlisle, Pennsylvania upon the following: Claire A. Kimmel, Esquire 201 West High Street Bellefonte, P A 16823 IRWIN, McKNIGHT & HUGHES IN THE COURT OF COMMON PLEAS OF MIFFLIN COUNTY, PENNSYLVANIA G. SCOTT TATE, Plaintiff DAVI T, YOUTZY, IN CUSTODY civil Action No. 1065 of 1993 VS. Defendant RULE TO SHOW CAUSE AND NOW, this d..lo~ day of Of$~ , 2001, upon \ filed in this matter, a Rule is consideration of the Petition granted on Defendant to show cause why the Petition should not be granted. * ll1 day Of~ I A conference is fixed for the 2001, at 9~ CJ$ o'clock LM. in Courtroom No, Mifflin County Courthouse, Lewistown, Pennsylvania. BY THE COURT: --;;-~~ of the J PETITION FOR MODIFICATION OF CHILD CUSTODY ORD~ ,-0 fT1:::<:> :::<:>0 A-i o:r: ...,~ ("')0 oj;! C:::o ~-< (j') ~t C_~. O-~... ~~ Jllldb)<.l\ /"" HAMILTON AND KIMMEL ATTORNEYS AT LAW 201 WEST HIGH STREET BELLEFONTE,PA16823 ...... 3: = 52 ..., ::z: ..., = C..., ...::: N :z:- I .-1 ("') 1'1)- )> 00 c: :z: -B -t -< ..D IN THE COURT OF COMMON PLEAS OF MIFFLIN COUNTY, PENNSYLVANIA G, SCOTT TATE, Plaintiff VS, civil Action No, 1065 of 1993 DAVI T, YOUTZY, IN CUSTODY Defendant RULE TO SHOW CAUSE AND NOW, this I ",,'tJ).. day of N~VQ..kb~ consideration of the Petition filed in this matter, a Rule is , 2001, upon granted. granted on Defendant to show cause why the Petition should not be c.. 0 n ~ Q,t'lR. A R!!aFil'l~ is lJ~c~rnb~ 4 stf)~ fixed for the day of M. in Courtroom a:Y$ p , 2001, at o'clock No, of the Mifflin County Courthouse, Lewistown, Pennsylvania. BY THE COURT: --r~ J PETITION FOR MODIFICATION OF CHILD CUSTODY - ('") ,-r: ORDERrn;;<J :::0 0 A-l 0::X: ....,0 :z:: ('")0 g~ :::0:::0 ~-< c.n HAMILTON AND KIMMEL , cL..j ~ .~l~ \ ~'l-a.~_^ J \\-lL:, -G I t4- . -~r ATTORNEYS AT LAW 201 WEST HIGH STREET BELLEFONTE.PA16823 ........ 3: = 52 - :z ...., = ...., ...:: C...., :z::- cr , ('") rr'1 )> 00 c: c::> :z: ~ +:' -< co HAMILTON AND KIMMEL ATTORNEYS AT LAW 201 WEST HIGH STREET BELLEFONTE,PA16823 IN THE COURT OF COMMON PLEAS OF MIFFLIN COUNTY, PENNSYLVANIA G. SCOTT TATE, Plaintiff VS, civil Action No, 1065 of 1993 DAVI T. YOUTZY, IN CUSTODY Defendant PETITION FOR MODIFICATION OF CHILD CUSTODY ORDER AND NOW, comes the Plaintiff, by and through his attorneys, HAMILTON AND KIMMEL, and files the within Petition For Modification of Child Custody Order averring as follows: 1. On January 29, 1999, this Honorable Court entered an order directing that the parties would have shared legal custody of the minor child, GREGORY TATE, whose date of birth is March 21, 1991. Primary physical custody was awarded to Mother with periods of partial physical custody awarded to Father, A copy of the order is attached hereto. 2. F'ather believes and avers that it is in the child's best interests that Father have primary physical custody. The child in now 10 years old and has spent his tender years with his Mother, Because the minor child is a boy, Father believes that it is important for the child to spend his adolescent years with his Father, tJ ......, :I: = r-.:~i 52 " PI::::: :::00 ::z: " = ~" :,:;;;---1 <: o:I: zr= ,,~ w nrrl ~ 00 nO 1) c C)~..:i z cy y,J -i ::0::0 -i-< -< W (f) -l HAMILTON ANO KIMMEL ATTORNEYS AT LAW 201 WEST HIGH STREET BELLEFONTE,PA16823 3, The child is active in sports - baseball, football and basketball - and Father has also been involved with sports throughout his life, Father believes that he is better able to provide support with and to guide and direct his son in sporting activities, 4. The child has been in the same school from K-5. Next year will be a good time for a transition in custody because the child will be attending a new school for the 6th grade year, 5. Father believes that he is better capable of providing his son with the type of upbringing - educational and moral - that an adolescent boy needs. Father can provide a healthy home with a nuclear family in an atmosphere where the child will develop and thrive, WHEREFORE, it is respectfully requested that this Honorable Court schedule a hearing, take testimony and enter and order awarding Father primary physical custody of the minor child. Respectfully submitted, HAMILTON AND KIMMEL BY: ~~ Claire A, Kimmel, Esquire IN THE COURT OF COMMON PLEAS OF MIFFLIN COUNTY. PENNSYLVANIA G. SCOTT TATE, Plaintiff Civil Action NO.1 065 of 1993 VS, DAVI T. YOUTZY, Defendant IN CUSTODY ORDER NOW, January 29, 1999, after custody conference held this date, and upon agreement of the parties, the Court enters the following: 1. G. SCOTT TATE and DA VI T, YOUTZY shall both have the legal right to make major decisions affecting the best interests of their minor child, GREGORY TATE, including but not limited to medical, religious, and educational decisions. Each parent shall be considered to be a custodial parent and each shall have the right to access all information concerning these matters including all hospital, doctor, and school records. 2. Primary physical custody of GREGORY TATE shall be in his Mother, DA VI T. YOUTZY 3. Partial physical custody of GREGORY TATE shall be in his Father, G. SCOTT TATE, as follows: a.) during the school year every other weekend, when the parties will meet at McDonalds in Newport, Pennsylvania on Friday at 5:00 p.m. and on Sunday at 5:00 p.m. to exchange the child. If father misses his weekend or any portion thereof because of the child's extracurricular activities, the exact amount of time that has been lost by Father shall be made up. The make-up time shall be the following weekend, if mutually agreed upon between the parties. Otherwise the lost time shall be made up at the earliest possible time that is mutually agreeable between the parties. If Father takes advantage of his fuJI weekend from Friday at 5:00 p.m. until Sunday at 5:00 p.m. and if the child has an extracurricular activity during that time Father shall see to it that the child attends his activity unless Father has some special plans to take the child out of town or otherwise take the child to a specially scheduled event such as a family wedding, reunions, and the like. If such a special event exists Father shall give reasonable notification to Mother of the scheduled event. b.) during the school vacation, three (3) out of four (4) weekends per month from 6:00 p.m. Friday until 6:00 p.m. Sunday; c.) with 24 (TWENTY-FOUR) hours notice to the Mother, during the summer months Father may exercise a period of partial custody one day per week in Carlisle, Pennsylvania, and during the school year, with 24 (TWENTY-FOUR) hours notice, Father may exercise a period of partial custody in Carlisle when Father is attending his son's activities there; d.) for a period of three (3) non-consecutive weeks with 30 (THIRTY) days prior notice to the Mother. It is anticipated that more often than not said three (3) weeks will be exercised by the Father during the summer, however, the Court recognizes that the parties have in the past arranged extended periods of custody during the school year to provide for family trips. Further, a reasonable extension of the seven (7) day period for an additional day or two will not be unreasonably denied upon good cause shown; e.) Father shall have custody in odd numbered years on the following holidays: New Years Day, Memorial Day, and Labor Day. Custody shall commence at 5:00 p.m. the day before the holiday ahd shall end at 8:00 p.m. the day of the holiday; 2 f.) Father shall have custody in even numbered years on the following holidays: Easter, Independence Day, and Thanksgiving. Custody shall commence at 5:00 p.m. the day before the holiday and shall end at 8:00 p.m. the day of the holiday; g.) In 1999 and in odd numbered years thereafter, Father shall have custody from 5:00 p.m. December 25th until 8:00 p.m. December 27th; h.) In 2000 and even numbered years thereafter, F~ther shall have custody from 5:00 p.m December 23rd until 5:00 p.m. December 25th; i.) Each year on the first day of Trout Season. Should that Saturday fall on Mother's alternate weekend, Father shall trade one of his weekends to the Mother in exchange for this period of custOdy; j.) When Father's alternate weekend immediately precedes the first day of antlered deer season, Father's weekend shall extend to 6:00 p.rn. on that Monday. The Court anticipates that the parties may mQdify this arrangement to accommodate the best interests of the child when the child becomes lawfully old enough to hunt and indicates a desire to do so. k.) Each Fcllther's Day weekend from 6:00 p.m. Friday until 6:00 p.m. Sunday; 4. Mother shall have icustody in odd numbered years on the following holidays: Easter, Independence Day, and Thanksgiving. Custody shall commence at 5:00 p.m. the day before the holiday and shall end at 8:00 p.m. the day of the holiday. 5. Mother shall have Custody in even numbered years on the following holidays: New Years Day, Memorial Day, and Labor Day. Custody shall commence at 5:00 p.m. the day before the holiday and shall end at 8:00 p.m. the day of the holiday. 3 14. The parties shall endeavor to accomplish the exchange of custody in a prompt manner according to the times set forth in this Order. Should either party be consistently late (i.e. 20 minutes or more and 3 times or more) a request for sanctions will be entertained by the Court. 15. All communications having to do with custody issues, including but not , . limited to the determination of primary custody and or arrangements for transportation under the provisions of this Order shall take place between G. SCOTT TATE and DAVI T. YOUTZY. At no time shall GREGORY TATE be used as a messenger for any reason. 16. The specific provisions of this Order found at 3e, 3f, 3g, 3h, 3k, 4, 5, and 6 shall take precedence over the general provisions of this Order. 17. The child shall not sleep in the same room with the Youtzy's house guest, Khalid AI Bulaihed. BY THE COURT, ~.~ TrM~EARER PRESIDENT JUDGE c: Claire Kimmel, Esquire Orris C. Knepp, III, Esquire File 5 4 HAMILTON AND KIMMEL ATTORNEYS AT LAW 201 WEST HIGH STREET BELLEFONTE,PA16823 VERIFICATION I hereby verify that the statements appearing in the foregoing Petition for Modification of Custody are true and correct to the best of my information, knowledge and belief. I understand that the statements made herein are subject to penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. c ~~-re;/-' G. Scot Tate , HAMILTON AND KIMMEL ATTORNEYS AT LAW 201 WEST HIGH STREET BELL.DONTE. PA 15823 . IN THE COURT OF COMMON PLEAS OF MIFFLIN COUNTY, PENNSYLVANIA G. SCOTT TATE, Plaintiff ) ~ ;'1 VS. No. 1065 of." 1993' .... -,., DAVI T. YOUTZY, formerly DAVI T. TATE Defendant :~ ANSWER TO COUNTERCLAIM FOR ATTORNEYS FEES AND TO PETITION FOR MODIFICATION OF CUSTODY ORDER ATTORNEYS FEES Plaintiff's Answer to Defendant's Counterclaim for Attorney's Fees is as follows: 9. No response required. 10. Denied. It is specifically denied that Father has created problems or intentionally attempted to cause Mother unnecessary legal fees. To the contrary, Mother has created numerous problems and has intentionally attempted to cause Father unnecessary legal fees. Additionally, Father has attempted, on numerous occasions, to try to resolve different issues with Mother, including the issue involving make-up time. Mother continuously creates a situation wherein Father is held hostage and sees the child on Mother's terms only. Father's only recourse at this time is the filing of the Petition For Contempt. 11. The allegations of paragraph 11 of the Counterclaim are denied; however, they illustrate the attitude of Mother each and every time that Father tries to talk to her about the custody situation. According to Mother, Father's issues are petty and meritless. with Mother taking this attitude, it is impossible for Father to resolve disputes amicably, without the Court's intervention. 12. through 20. No response required. 21. Denied. The Petition for contempt is not frivolous, but the allegation that it is, again, illustrates with what disrespect Father is treated on each and every occasion that he tries to amicably resolve issues with Mother. Father and his counsel have repeatedly tried to resolve this matter out of Court, but all of those efforts have failed, and Father is the party in this matter who is entitled to an award of attorneys fees. WHEREFORE, it is respectfully requested that this Honorable Court deny the Defendant's request for attorneys fees. MODIFICATION OF CUSTODY ORDER Plaintiff's Answer to Defendant's Petition for Modification of a Partial custody order is as follows: 1. Admitted 2. No response required. 3. No response required. HAMILTON AND KIMMEL ATTORNEYS AT LAW 201 WEST HIGH STREET BEJ...LEPONTE. PA 16823 4. Denied. It is denied that Father has had adequate periods of custody with the child. To the contrary, Father has always been held hostage to seeing the child based upon when Mother decides that Father will see the child. Prior to January 29, 1999, Father always agreed with whatever time Mother would give him with the child. Additionally, Father had to do practically all of the transportation if he wanted to see his son. After years of this situation, Father finally filed a Petition with the Court, because Father felt that without a custody order articulating each and every time he should see the child and stating that transportation would have to be shared, Mother would continue to dictate when and under what terms Father would see his son. 5. The Court found no merit in Mother's petition. 6. Denied. It is Mother's conduct that has been and continues to be offensive. 7. Profanity has been used by both parties. 8. The terms of the January 29, 1999 Court Order are unworkable, because Mother simply refuses to comply with them. This is why Father had to file the Petition for Contempt. 9. Denied. There has been no "practice", because there has only been one month when the summer schedule as stated in the January 29, 1999 Order has been in effect, and Mother has, once again, refused to comply with the Order. Denied as stated. HAMILTON AND KIMMEL ATTORNEYS AT LAW 201 WEST HIGH STREET BEU..EFONTE. PA 1682:3 Father did not have the child for three (3) weekends in June, and Father is not getting the child for the summer. By way of further response, Father prepared and sent to Mother, through counsel, a proposed summer schedule, attached hereto. This schedule was sent to counsel for Mother on or about April 19, 1999. Thus, it is clear from these schedules that Father has never tried to get "the child for the summer" as alleged by Mother. The tone of paragraph 9 and the misrepresentations made therein, once again, illustrate the extreme obstacles with which Father has to deal on a continuing basis in his attempts to see the child. 10. Denied. The previous Court Order did not work from Father's perspective. Mother believes that it worked without incident, because Father simply agreed to everything that Mother wanted, including Father's always doing most of the transportation to exchange custody. WHEREFORE, it is respectfully requested that this Honorable Court deny Mother's request for Modification of the existing order. Respectfully submitted, HAMILTON AND KIMMEL BY: HAMILTON AND KIMMEL ATTORNEYS AT LAW 201 WEST HIGH STREET BEll.EFONTE, PA 1 e823 FROM.: Ferguson Ualley Custom Homes PHONE NO. 717 242 3103 Jun. 29 1999 01:16PM P5 C~, flU": '-"""v I S (€fl UJL '?it c.hD.",tAAdJ pe..r U!."'-''S re'Cu.est REVISED mIJIMER ~HEDULe Meet in Newport - Friday 6:00 p.m. - Sunday 6:00 p.m. June 4-6 (!5:00 p.m. Friday - 5:00 p.m. Sunday) Last day of 8chool- June 9, 1999. June 11-13 June 18"20 June 25-27 - Davi's weekend July 2-4 (Meet Da"i in Newport July 3 at 5:00 p.m. July 4 is her holiday) July 9-11 July 16-18 July 23-25 - Davi's weekend July 3Q.-August 1- Davl's weekend August 6-8 August 13-15 August 20-22 - Davi's weekend August 27-29 - Meet in Newport - 5:00 p.m. Friday - 5:00 p.m. Sunday. Our weekend with Gregory. Back to regular every other weekend for SChool year. This is our weekend with Matthew so we want it to be the first regular weekend so we have our kids together for the remainder of the school year. VACATION TIME June 13 - 20 (7 dAY~ (Scot will pick up Friday the 11lh at 6:00 p.m. in Carlisle for regular weekend into vacation week. Davi will pick up Sunday the 20th at 8:00 p.m. in Lewistown) July 11 - 18 (7 days) (Scot will pick up Friday the 9th at 6:00 p.m. in Carlisle for regular weekend into vacation week. Davi will pick up Sunday 18lh at 6:00 p.m. in Lewistown) August 8 - 15 (7 days) (Scot will pick up Friday the 6th at 6:00 p.m. in Carlisle for regular weekend into vacation week. Davi will pick up Sunday the 15th at 6:00 p.m. in Lewistown) &i\ler"\ +0 -00-11" Jl;..(U... 4) I 'lq q June 4-6 (5:00 p.m. Friday - 5:00 p.m. Sunday) Last day of school- June 9, 1999. June 11-13 June 18-20 June 25-27 - Davi's weekend July 2-4 (Meet Davi in Newport July 3 at 5:00 p.m. July 4 is her holiday) July 9-1 1 July 16-18 July 23-25 - Davi's weekend July 30-August 1 August 6-8 August 13-]5 August 20-22 - Davi's weekend Au.,aust 27-29 - Meet in Newport- 5:00 p.rn. Friday - 5:00 p.rn. Sunday. Our weekend with Gregury. Back to regu,iar every other weekend for school year. This is our weekend with Matthew so we \Vant it to be the first regular weekend so we have our kids together for the remainder of the school year. VACATION TIME June 18 -25 (7 days) (Scot will pick up Friday the 18th at 6:00 p.rn. in Carlisle. Davi will pick up Friday the 25th at 6:00 p.m. in Lewistown) July 1 1- 18 (7 days) (Scot will pick up Friday the 9th at 6:00 p.m. in Carlisle for regular weekend into vacation week:. Davi will pick up Sunday 18th at 6:00 p.m. in Lewistown) August 8 - 15 (7 days) (Scot will pick up Friday the 6th at 6:00 p.m. in Carlisle for regular weekend into vacation week. Davi will pick up Sunday the 15th at 6:00 p.m. in Lewistown) -- / J I ) HAMILTON AND KIMMEL ATTORNEYS AT LAW 201 WEST HIGH STREET BELL.EFONTE. PA 1&823 VERIFICATION I hereby verify that the statements appearing in the foregoing pleading are true and correct to the best of my information, knowledge and belief. I understand that the statements made herein are subject to penalties of 18 Pa.C.S.A. section 4904 relating to unsworn falsification to authorities. p. V IS!- . Scott Tate ~and~ ~d~ ~~2L ~ ~~ 20/ ~ Mf?t Yited YJ~, 9~ /6'#2.1 (i/.I/) .1.5.5-/026' ~ (i/4/ .1.5.5-2,90.5 June 29, 1999 The Honorable Timothy S. Searer Mifflin County Courthouse 20 North Wayne street Lewistown, PA 17044 SENT VIA FACSIMILE TO (717) 248-8337 Re: Tate vs. Youtzy No. 1065 of 1993 Dear Judge Searer: Enclosed please find the Answer to Counterclaim for Attorneys Fees and To Petition for Modification of Custody Order regarding the above-captioned matter. This matter is scheduled before the Court on Thursday, July 1, 1999 at 11:00 a.m. Thank you for your attention to this matter. Claire A. Kimmel, Esquire cc: Orris C. Knepp, III, Esquire (with enclosure) Sent Via facsimile to (717) 248-2672 G. Scott Tate IN THE COURT OF COMMON PLEAS OF MIFFLIN COUNTY, PENNSYLVANIA Plaintiff No. 1065 of 199'3 -', G. SCOTT TATE, vs. j"",) Defendant " :;~ .,' DAVI T. YOUTZY, ANSWER TO CONTEMPT PETITION WITH COUNTERCLAIM ': 1 . ) AND NOW, comes the Defendant, Davi T. Youtzy, by and through her attorneys, Brugler and Levin, and files the following Answer To Petition for Contempt With Counterclaim, and in support thereof avers as Follows: 1. Admitted that the last custod~ Order in this case was dated January 29, 1999, but said Order was issued only after prolonged and extensive negotiations between counsel for the parties. 2. Admitted 3. Denied. Mother has always allowed Father to make up the exact amount of time that has been missed because of the child's extra-curricular activities. 4. Admitted 5. Admitted in part; denied in part. It is admitted that Father requested a basketball schedule. Mother attempted to obtain a schedule but due to the fact that it was late in the season, she was unable to obtain a copy. Father had knowledge of there not being any additional copies available through the child's coach before asking Mother's husband for a copy of said schedule. By way of a further answer, Mother kept Father informed as to when the basketball games occurred. As to the soccer schedule, Father did not ask Mother for such until his legal counsel made a request to Mother's legal counsel. At that LAW OFFICES BRUGLER & LEVIN LEWISTOWN, PA. time the request was granted. 6. Denied. Mother did advise Father of photographs being taken and in fact she paid for a second set of school photographs which she provided to Father. Mother also gave Father information on how to order more basketball photos when she provided him with a photo. Mother has routinely in the past given Father school and sports pictures without even asking for reimbursement for such. 7. Admitted in part; denied in part. Mother has always followed the spirit and letter of the Order. Mother was an hour and a half late for an exchange but called Father's wife to see if she could reach him on his cell phone as she was stuck in traffic caused by the influx of people in the Carlisle area for the car show. Mother has attempted to sensibly and reasonably discuss make-up time with Father. Attached hereto, incorporated by reference and marked as Exhibit A is one copy of correspondence between counsel discussing the make-up times. By way of further answer, it is Father who is acting without reason or sense. 8. Admitted in part; denied in part. It is admitted that Plaintiff's counsel sent a letter to Defendant's counsel on April 13, 1999. Said letter gave Defendant's counsel a day to respond without making any considerations for his schedule. (See the next to last paragraph of said letter.) It is further admitted that Defendant's counsel contacted Plaintiff's counsel on April 20, 1999. Defendant's counsel has no knowledge of any LAW OFFICES BRUGLER & LEVIN LEWISTOWN, PA. telephone conversation between his office and Plaintiff's counsel but will admit that he was out of the office during the regular business day from May 3, 1999, until May 19, 1999 to take depositions in Centre County and Dauphin County and to appear before this Honorable Court and the Court of Common Pleas of Huntingdon County. It is denied that no response was provided. A copy of the response which Defendant's counsel prepared and sent to Plaintiff's counsel on May 11, 1999 is attached hereto, incorporated by reference and marked as Exhibit A. By way of a further answer Defendant's counsel followed up said letter with another one which was never responded to by Plaintiff's counsel. Attached hereto, incorporated by reference and marked as Exhibit B is a copy of said follow up correspondence. COUNTERCLAIM (ATTORNEYS FEES) 9. Paragraphs 1 through 8 inclusive and incorporated herein as if set forth in full. 10. Since the custody conference held in this case on January 29, 1999, Father has created numerous problems for Mother and intentionally attempted to cause her unnecessary legal fees. 11. On or about February 2, 1999, 3 days after the conference was held and before a Final Order was entered by the Court, Father's Counsel sent Mother's Counsel a laundry list of complaints. Said complaints were either so petty so as to not warrant a response or were untrue. A true and correct copy of said letter is attached hereto, incorporated by reference and marked as Exhibit C. LAW OFFICES BRUGLER & LEVIN LEWISTOWN, PA. 12. On or about February 4, 1999, Mother's counsel responded to Exhibit C. A true and correct copy is attached hereto, incorporated by reference and marked as Exhibit D. 13. Between February 4 and April 13 of this year, Father's counsel called Mother's counsel to inquire about make up times for Father for time missed due to the child's basketball games. 14. Mother's counsel tried to respond in a timely manner but Father's counsel was out of the office; however, in order to avoid any problems, Mother's counsel spoke at length to Father's counsel's secretary about make up time and Mother's position on not allowing make up time when Father chose not to exercise his visitation rights in order to pursue his own interests. 15. Father's counsel sent correspondence to Mother's counsel on or about April 13, 1999, which now forms the basis for a Petition for Contempt filed against Mother. 16. Said Petition for Contempt also includes complaints about matters not addressed in this Court's Order dated January 29, 1999, such as sports and school pictures, basketball and soccer schedules. 17. Mother's counsel sent a response to Father's counsel on or about May 11, 1999, which addressed Father's concerns as set forth in the letter of April 13, 1999. 18. Said response was based on information Mother supplied to her counsel on or about April 22, 1999. 19. Mother's counsel sent correspondence to Father's LAW OFFICES BRUGLER & LEVIN LEWISTOWN, PA. counsel asking that the Petition for Contempt be withdrawn as the May 11, 1999 response addressed the various allegations set forth in the letter of April 13, 1999. 20. To date, no response has been given to the follow up correspondence of May 14, 1999. 21. As all allegations of the letter of April 13, 1999 have been addressed and the Petition for Contempt seeks redress for matters not covered by any existing Court Order in this matter, the Petition for Contempt is frivolous, unreasonable, brought against Mother without foundation or in bad faith and is dilatory, obdurate and/or vexatious litigation, Mother is entitled to an award of attorneys fees as a taxable cost under 42 Pa. C.S.A. ~1726 PURSUANT TO 42 Pa. C.S.A. ~2503(6) (7) and (9). WHEREFORE, Defendant, DAVI T. YOUTZY, respectfully requests this Honorable Court to dismiss the Petition for Contempt filed in this matter and to award her attorneys fees for having to defend against such. Respectfully submitted, Dated: June~~, 1999 LAW OFFICES BRUGLER & LEVIN LEWISTOWN, PA. VERIFICATION I verify that the statements made in the above Answer To Contempt Petition With Counterclaim are true and correct. I understand that false statements made herein are made subject to the penalties of 18 PA C.S. ~4904 relating to unsworn falsification to authorities. ~~----r ~~H Davi T. Youtzy 6 d Dated: lo - dQ -C\~ LAW OFFICES BRUGLER & LEVIN LEWISTOWN, PA. NOR-'\fA..~ L. LEVIN JEPl'REY L. SNOOK ALLEN J. LEVIN ORRIS C. L'rnPp, m BRUGLER & LEVIN ATTORNEYS AT LAW 10 SOUTH WAY:S"E STREET ~ O. BOX 870 LEWISTOWN, PENNSYLVA..,"'fI.A 1704440870 FilE COpy (717) 24844971 PAX(717) 24842672 I.D. NO. 23,-1188423 ~'lJ ~~.BRUGLER ~ \~)) f/D lr-DBCBASBD 1994 May 11, 1999 Claire A. Kimmel, Esquire 201 West High Street Bellefonte, PA 16823 Dear Mrs. Kimmel: This letter is to serve as a follow up of our conversation in late April and your facsimile relating to Mr. Tate's exercise of his periods of temporary physical custody. I have reviewed Mrs. Youtzy's notes which are extensive and detailed on Mr. Tate's visitation. It appears to me that Mr. Tate is not entitled to any umake-upu time. It appears to me that Mr. Tate failed to show on a number of dates when he would have had visitation with his son in order to attend his step-son's wrestling matches, the District, the Regional and the State Wrestling Tournament or to go trout fishing. As a result, it appears to me that Mr. Tate is not entitled to the time you asserted in your correspondence. My client is still willing to provide Mr. Tate with additional t:me and, in fact, has done so on numerous occasions. Mr. Tate, of course, will have to provide transportation to and from the visit. As to Mr. Tate's request for a Soccer schedule, Mrs. Youtzy only received her schedule on April 14. However, Mr. Tate was advised that his son's soccer games occur every Saturday. I am enclosing herewith a copy of the Soccer schedule. As to the Summer visitation, my client is still waiting to hear from DCNR-King's Gap Environment Ed and Training Center to find out when Gregory will be going to camp (for a three day period). As soon as I have this information, I will let you know. There is a conflict the week on June 18 through 25 as Mr. Youtzy's vacation overlaps Mr. Tate's. Mr. Youtzy's is the 21 through 27 and the Youtzy's may be going out of town. Finally, my client thinks your client has requested one more week this Summer than he is entitled to (the weekend of July 30 through August 1). Mrs. Youtzy indicated that she would not give Exhibit A Mr. Tate this additional weekend, as Mr. Tate has been unable to cooperate with her and therefore she will not do anything but follow the Court's Order. I believe this answers all of your questions. If Mr. Tate has any comments, please advise. I will try to respond to any additional issues more quickly than this response came. The problem was that I have been in Court more often than I have been in my office this month. OCK/adk Enclosure cc: Davi Youtzy NORMAN L. LEVIN JEFFREY L. SNOOK ALLEN J. LEVIN ORRIS C. XN'EPP, III BRUGLER & LEVIN ATTORNEYS AT LAW 10 SOUTH WAYNE STREET :P. 0, BOX 870 LEWISTOWN, PENNSYLVANIA 17044-0670 (717) 248-4971 PAX (717) 248-2672 I.D. NO. 23-1188423 ROBERT B. BRUGLER (RBTIRBD 1983-DBCBA8BD 1994) May 14, 1999 VIA FACSIMILE ONLY Claire A. Kimmel, Esquire 201 West High Street Bellefonte, PA 16823 Dear Mrs. Kimmel: I am in receipt of your Petition for Contempt which you mailed May 12, 1999. I believe the response I sent to you on May 11, 1999, which apparently crossed in the mail with your Petition, addresses the allegation set forth in your Petition for Contempt. I ask that you withdraw your Petition in light of my response. If you fail to do so, I will file an Answer and will be requesting attorney'S fees. Very truly yours, OCK/adk cc: Davi Youtzy (with enclosures) Exhibit B ~cvnd~ ~d~ ~~ _W .%nwnd' .%4~~ February 2, 1999 20/ ~ * .Y/ted 93'~nk, 9~ /6J'2.J ;;/~ .1.5.5-/026 ~ ;;/~ .1.5.5-2.90.5 Orris C. Knepp, III, Esquire BRUGLER & LEVIN 10 South Wayne Street P.O. Box 870 Lewistown, PA 17044-0870 SENT VIA FAX TO (717) 248-2672 AND BY FIRST CLASS MAIL rc~lPr RE: Tate vs. Youtzy Dear Mr. Knepp: Apparently a few problems came up over the weekend regarding the custody agreement that we had reached last Friday in connection with the above-captioned matter. It appears that your client did not send asthma medication last weekend, which is not a problem if Gregory does not need the medicine at this time; however, my client needs to know the details as to that issue and perhaps some written clarification from your client or from Dr. Blutsteln could put this matter to rest. It is my understanding that your client took the position that 5:00 p.m. is the exchange time. The Court Order will say 6:00 p.m., and our agreement was 6:00 p.m. HlJicheve:c time is fine with us, but we would just like one fixed time. That way the matter is settled and it need not be revisited each week. Your client is also refusing to allow Mr. Tate to have Gregory next weekend even though he did not get Gregory this past weekend until Saturday. We are asking for compliance with the Court's Order and our agreement which will allow Mr. Tate to have Gregory next weekend from Saturday until Sunday. On Sunday, your client called my client's residence to speak to the child. She asked the child at what time the pa~ties were meeting for the custody exchange. Again, we request compliance with the Court ordered provision stating that the parties shall not use the child as a messenger for matters that the parties should be d.iscussing themselves. Exhibit C ~...;:::, i,...':"" C:' .; -, :/V ~ II )Jj'! ""u ~ ~:-::;; ~-...' Orris C. Knepp, III, Esquire RE: Tate vs. Youtzy February 2, 1999 Page 2 I trust that once we have the actual Court Order all of the above matters will be resolved, but in the meantime, I would greatly appreciate your talking to your client about the above issues. Claire A. Kimme , Esquire CAK/wsp cc: G. Scot Tate NORMAN L. LEVIN JEl'PREY L. SNOOK ALLEN J, LEVIN ORRIS C, KNEPp, = BRUGLER & LEVIN ATTORNEYS AT LAW 10 SOUTH WAYNE STREET P. Q. BOX 870 LE~STO~,PENNSYLVANIA 0044-0870 (717) 248-4971 PAX (717) 248-2672 I.D. NO. 2rs~U88423 ROBERT B. BRUGLER (RzTIJUm 1983.DBCEA.SBD 1994) February 4, 1999 Claire A. Kimmel, Esquire Hamilton & Kimmel 201 West High Street Bellefonte, PA 16823 rc~[pr J~' .' ., :--. ;'"'" "..."'\ ~ :.? Re: Tate v. Youtzy Dear Ms. Kimmel: I received of your correspondence of February 2, 1999, and reviewed such with my client. My response thereto is as follows: 1. Asthma Medication. According to Mrs. Youtzy, she provided Mr. Tate with two inhalers prior to last weekend's visit. Mr. Tate has never informed her that he needed new or additional inhalers. If, in fact, that is the case,he should tell Mrs. Youtzy so that the inhalers can be sent along with Gregory. Your client is quite aware that his son does need the medication and, in fact, Mr. Tate administered some kind of medication to Gregory during this past weekend's visit. Somebody is not being completely honest here, and it certainly appears to be your client. 2. Exchanqe Time. There apparently was some confusion over the exchange time on both Friday and Sunday. Apparently Mr. Tate believed the exchange was to be at 5:30 p.m. rather than 6:00 p.m. and Mrs. Youtzy believed it to be at 5:00 p.m. After discussing this with my client, she would like either a 4:30 p.m. or a 5:00 p.m. exchange in Newport. This will allow both parties to have Gregory in their home at a decent hour, both at the start of Mr. Tate's visit and after the visit. Please advise me of your client's position as to this proposal. 3. Weekend Make-ups. Our agreement was to be that if Mr. Tate could not have Gregory during a normally scheduled weekend because of Gregory being involved in other activities, Mrs. Tate would allow Mr. Tate to make that up at another time. If you recall in Chambers, 1 indicated to the Judge that this make-up should not necessarily be limited to the following weekend but should be at a time mutually convenient to both parties. A Exhibit D BRUGLER & LEVIN review off the Judge's proposed Order, the paragraph 3(a) seems to reflect this where the Judge states, "The parties shall endeavor to exchange a weekend at the earliest possible time." I am requesting that the Court somewhat modify the language of this paragraph, as the parties are not "exchanging a weekend" but rather Mr. Tate is making up lost time and that time should be the same amount of time as Mr. Tate lost, and not any more or any less and not necessarily on the next weekend either. 4. Communicat~ons with Child. My client did ask Gregory what time the exchange would be this past Sunday. However, I think Mr. Tate left out a few details when he reported this to you. Mrs. Youtzy attempted to call Mr. Tate twice to speak to him about this matter. Mr. Tate was not there either time. Mrs. Youtzy could not get an answer either from Mrs. Tate or Mrs. Tate's son, so she asked Gregory if he knew. Here is another little fact your client apparently overlooked and that is he made arrangements with Greoorv to have his make-up visit this coming weekend without speaking to Mrs. Youtzy about such beforehand. This is precisely the complaint my client had going into the custody conference and exactly what I spoke to both you and to Judge Searer about. I would ask that you please tell Mr. Tate to refrain from this behavior in the future. I have reviewed Judge Searer's proposed Order and would suggest that the time for returning Gregory home on the first day of Buck Season be moved up as I understand that the child has school the next day. Please advise me of your client's position on this issue. Furthermore, I agree with your proposed change to paragraph 3(c). I look forward to hearing from you soon on the issues set forth above. I am hopeful that we can come up with an Order which works for everyone. Very truly yours, BRUGLER & --I By // ( ORRIS OCK/dp CC: Davi Youtzy P.S. I am enclosing herewith a letter from the school to Mrs. Youtzy. I understand your client has already been advised of such by Mrs. Youtzy. OCK CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all counsel of record by depositing the same in the United States Mail, first class, postage prepaid, at Lewistown, Pennsylvania, on the 22nd day of June, 19999, addressed as follows: Claire A. Kimmel Hamilton and Kimmel Law Offices 201 West High Street Bellefonte, PA 16823 BRUGLER & LEVIN By EPP III, ESQUIRE I.D. #61921 10 South Wayne Street P. O. Box 870 Lewistown, PA 17044-0870 (717) 248-4971 Counsel for Defendant LAW OFFICES BRUGLER & LEVIN LEWISTOWN, PA. IN THE COURT OF COMMON PLEAS OF MIFFLIN COUNTY, PENNSYLVANIA G. SCOTT TATE, Plaintiff Civil Action vs. DAVI T. YOUTZY, No. 1065 of 1993 ." 'l , -- "', Defendant '" ,> .."" "i"- ;., ~) CJ -- ) f'0 PETITION FOR MODIFICATION OF A PARTIAL CUSTODY ORDER -, ()1 (\') AND NOW comes Defendant/Petitioner, DAVI T. YOUTZY, and brings the following Petition and, in support thereof, avers as follows: 1. On or about January 29, 1999, a custody conference was held before this Honorable Court and an Order was filed some time in February as a result of said conference. 2. Since January 29, 1999, the relationship between the parties has been tumultuous and has deteriorated to the point that a contempt petition was filed by Father and a counterclaim was filed by Mother. 3. Mother's averments contained in the Answer to Contempt Petition with Counterclaim are incorporated herein as if set forth in full. 4. Prior to the Order dated January 29, 1999, Mother and Father were able to both have adequate periods of custody with parties' minor child without the need for intervention by legal counsel and/or this Court. LAW OFFICES BRUGLER & LEVIN LEWISTOWN. PA. 5. The only exception to paragraph number 4 was Mother's filing of a Petition asking that Father not be allowed to show up for visits while under the influence of alcohol. That situation was remedied as a result. 6. Father has engaged in a course of conduct since the Court Order dated January 29, 1999, which can at best be characterized as offensive. 7. Father frequently calls Mother and makes threats and uses profanity and carries on similarly in the presence of the child. 8. The terms and conditions set forth in the Order of January 29, 1999 are unworkable in the course of daily events in the lives of the parties to this action, as they are too restrictive and leave little or no room for flexibility and common sense. 9. The Summer schedule set forth in the Order dated January 29, 1999, is unfair as Father has three out of four weekends of every month and has made a practice of exercising his one week vacation each month on Mother's only weekend with the child, thereby resulting in Mother not having any weekends with her son over the Summer months, as a result of which Father is getting his child under conditions which Mother would not agree to at the conference held on January 29, 1999, to wit: Father is getting the child for the Summer. LAW OFFICES BRUGLER & LEVIN LEWISTOWN, PA. 10. Mother wishes to return to the terms and conditions for custody similar to these set forth in the Court's Order issued prior to January 29, 1999, which worked for approximately six years without incident. WHEREFORE, Defendant/Petitioner, DAVI T. YOUTZY, respectfully requests this Court to vacate the Order of January 29, 1999, and enter an Order which contains the same terms and conditions as the custody order the parties agreed to and lived with for approximately six years. Respectfully submitted, Dated: June 22, 1999 LAW OFFICES BRUGLER & LEVIN LEWISTOWN, PA. VERIFICATION I verify that the statements made in the above Answer To Contempt Petition With Counterclaim are true and correct. I understand that false statements made herein are made subject to the penalties of 18 PA C.S. ~4904 relating to unsworn falsification to authorities. (\ \ - ~ ..-.-- ~()..U'\., \- Davi T. Yo ~ Dated: lo-d-d.-Q<1 LAW OFFICES BRUGLER & LEVIN LEWISTOWN, PA. IN THE COURT OF COMMON PLEAS OF MIFFLIN COUNTy, PENNSYLVANIA G. SCOTT TATE, Plaintiff Ci vil Action vs. No. 1065 of 1993 DAVI T. YOUTZY, Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all counsel of record by depositing the same in the United States Mail, first class, postage prepaid, at Lewistown, Pennsylvania, on the~kcLday of June, 1999, addressed as follows: Claire A. Kimmel, Esquire 201 West High Street Bellefonte, PA 16823 Counsel for Defendant LAW OFFICES BRUGLER & LEVIN LEWISTOWN, PA. Ii. 0 ,q; Cl)H ~~ ~ ~f:<l Q.,,..:j 4-< .jJ 00 >< 4-< >:: H~ ~CI) 'rl (fj E-<O 0& .jJ 'Tj ')>< >:: >:: ~f:<l 'rl <IJ HO OQ., (fj 4-< Ii. 0 U rl <IJ HE-< Q., 0 OCl) Ii.>< , OtJ ~@ , >< ~U f:<l N E-< S ~,..:j 138 [:S 4-< o,q; 0 0 li.H 0 >< E-< u~ E-< lJ) ~~ H E-< Ul \D f:<l,..:j 0 :> E-< 0 HQ., :r:1i. u rl E-< E-<Ii. CI) H H,q; H ~ E-< ~~ 0 f:<lli. H c.? ~ Q.,o IN THE COURT OF COMMON PLEAS OF MIFFLIN COUNTY. PENNSYLVANIA G. Scott Tate, Plaintiff Civil Action No. 1065 of 1993 vs. Davi T. Youtzy, Defendant 1,'--:, .-)Pl c:; RESCHEDULING ORDER .... ~ ;:;::; 1'0 --, AND NOW, Thi~ day of May , 1999, the Hearing on Petition for ~ntempt in the above matter scheduled for June 1, 1999, at 2:00 P.M., is rescheduled to Thursday, July 1, 1999, at 11:00 A.M., in the Main Courtroom of the Mifflin County Courthouse, 20 North Wayne Street, Lewistown, P A. cc: Claire A. Kimmel, Esquire - Hamilton & Kimmel Law Offices, 201 West High Street, Bellefonte, P A 16823 Orris C. Knepp, ill, Esquire - Brugler & Levin Law Offices, 10 South Wayne Street, Lewistown, P A 17044 File ~~~~ ~/";)119,), f-.<r ~ .... G. SCOTT TATE, IN THE COURT OF COMMON PLEAS OF MIFFLIN COUNTY, PENNSYLVANIA Plaintiff VS. DAVI T. YOUTZY, Defendant No. 1065 OF 1:~9'3 -- CD r"~' ,-.' . ~._,., .....- I ' "-'''; RULE TO SHOW CAUSE S~~:~..: +- AND NOW, this ~ day of MAl , 1999, -. '1 '.,1 ;~':~= -1'1 . - r-- :-1\ CJ }> C'/'? -\ -< N (fl upon consideration of the Petition filed in this matter, a Rule is granted on DAVI T. YOUTZY to show cause why the Petition should not be granted. A hearing is fixed for the ~.at day of o'clock ~M. in Courtroom No. 1999, at d.:~ Mifflin County Courthouse, Lewistown, Pennsylvania. PETITION FOR CONTEMPT ~ t<:. Cjl~~ \~~~ "4 en ,\.\\.<-- ~~f"f S \ 1'61 'l' ") h- HAMILTON AND KIMMEL ATTORNEYS AT LAW 201 WEST HIGH STREET BEl..l.&'ONTE. PA t 6823 BY THE COURT: ~ ) of the -/~ J.~ . . IN THE COURT OF COMMON PLEAS OF MIFFLIN COUNTY, PENNSYLVANIA G. SCOTT TATE, Plaintiff VS. No. C'" I 1065 OF 19:~3 :-'"'.; ::3 .r::: '--q ...., :-'.'In CJO DAVI T. YOUTZY, ~~..... ,",., Defendant L~:_:' r ,." )> PETITION FOR CONTEMPT c:-- '; ':.' f'Tl :....~ (;:? ~~2 (=) <..n .......... :::::~ "~,J SCOTT TATE, .~~< AND NOW, comes the Plaintiff, G. by and through his attorneys, HAMILTON AND KIMMEL, and respectfully represents as follows: 1. On January 29, 1999, this Honorable Court entered an Order regarding the custody of the parties' minor child, GREGORY TATE whose is 8 years old having been born on March 21, 1991. 2. T~e custody Order at paragraph 3(a) directs that if Father misses his weekend or any portion thereof because of the child's extracurricular activities, the exact amount of time that has been lost shall be made up. 3. Mother has failed and/or refused to make up time that has been missed by Father, because of the child's activities. 4. paragraph 9 of the Custody Order states that Mother shall advise Father of school activities, athletic activities, etc. 5. Father has requested a copy of the child's basketball and soccer schedules. Nei ther schedule has been provided to Father by Mother. 6. Mbther failed and/or refused to advise Father when the child's sctilool photographs and basketball photographs were HAMIL TON AND KIMMEL I ATTORNEYS AT LAW taken. 201 WEST HIGH STREET BEI...UlFONTE. PA 15823 7. Mother has failed and/or refused to act in a spirit of cooperation with Father in following the Court Order. She has been an hour and a half late for a scheduled custody exchange, and she refuses to sensibly and reasonably discuss make-up times with Father. 8. By letter dated April 13, 1999, counsel for Father advised counsel for Mother of the above problems. See attached. Additionally, the letter requested a response to a proposed custody schedule that has been prepared by Father for this summer. On April 20, 1999, counsel for Mother advised counsel for Father that a response to that letter would be forthcoming. On May 5, 1999, counsel for Father was made aware that counsel for Mother will be out of town untIl May 19, 1999. No response has been provided to the April 13, 1999 letter from Father's counsel, and Mother continues, on a regular basis, to flagrantly violate the spirit and the word of the January 29, 1999 Court Order. WHEREFORE, it is respectfully requested that this Honorable Court (1) find Mother in contempt of the Custody Order; (2) direct that Mother be responsible to Father for attorney's fees incurred in the filing of this Petition; and (3) direct Mother to strictly comply with all aspects of the Custody Order in the future or be subject t,O further sanctions. BY: Respectfully submitted, 3i::(j~ Claire A. Kimmel, Esquire Attorney for Plaintiff HAMILTON AND KIMMEL ATTORNEVS AT LAW 201 WEST HIGH STREET ~.PA 15823 ~cvnd~ ~d~ ~~ YJ' 5f::."",,md 5f::.nufb41;g~ JOlff,..d ~> Ylte..1 ;Be~nk. jiJ~~ 16,J2,J ;JII/J .1.5.5-1026 30= ;JIQ) .1.5.5-2.90.5 April 13, 1999 Orris C. Knepp, III, Esquire 10 South Wayne Street Lewistown, PA 17044-0870 SENT VIA FAX TO (717)248-2672 and BY FIRST CLASS MAIL RE: Tate vs. Youtzy Dear Mr. Knepp: I am writing you thlis letter with the hope that we can avoid requesting the Judge 'for intervention regarding the within raised matters. There is approximately 95 hours of time to be made up. My client tells me that Ms. You~zy will agree to additional times, but then when he asks her to share the transportation as per paragraph 12 of the order, she then says that it I S not "make-up" time. When he asks her what kind of time it is, she then says she will not agree to the custody exchap.ge at all. She is claiming that you are supportive of her pos~tion, which I have already told my clients is simply not the case, as I have found you to be most cooperative in every instance. of Apparently, Gregory h~s no school this week from Wednesday through Friday. Mr. Tate as)<ed for make-up time from Wednesday after soccer until Friday at 3:00 p.m. Your client agreed until he asked her to transport the child to Newport. She then took the position Orris C. Knepp, III, Esquire RE: Tate vs. Youtzy April 13, 1999 Page 2 that it is not "make-up" time and when reminded of the Court Order, she refused to agree to the custody exchange. Would you please speak to Ms. Youtzy and request that she comply with the Court order as to make-up times and transportation. Because o~..--trre-IIt~ny problems that Mr. Tate is having with Ms. Youtzy, at my ins' uction, he has prepared a prospective schedule for this(summer ich I am enclosing. I hope that the exchange of this scn ill avoid any problems over the next couple of months, and if the problems regarding make-up times and transportation can be resol ved with this letter, then everyone should be happy. Would you please call me tomorrow and let me know if Ms. Youtzy agrees to the Wednesday to Friday period of partial custody this week. I think everyone agrees that next weekend, April 23 to April 25, will continue Mr. Tate's regular weekend period of custody. I appreciate your continued cooperation with this matter. Very truly Claire A. Kimmel, Esquire CAK/wsp cc: G. Scot Tate enclosure June 4-6 (5:00 p.m. Friday - 5:00 p.m. Sunday) Last day or school- June 9, 1999. June 11-13 June 18-20 June 25-27 - Davi's weekend July 2-4 (Meet Davi in Newport July 3 at 5:00 p.m. July 4 is her holiday) July 9-11 July 16-18 July 23-25 - Davi's weekend July 30-August 1 August 6-8 August 13.15 August 20-22 - Davi's weekend August 27-29 - Meet in Newport - 5:00 p.rn. Friday - 5:00 p.rn. Sunday. Our weekend with Gregory. Back to reg$1ar every other weekend for school year. This is our weekend with Matthew so we want it to be the first regular weekend so we have our kids together for the remainder of the sc~ool year. VACATIONllME June 18-25 (7 days) (SCtllt will pick up Friday the ISrb at 6:00 p.rn. in Carlisle. Davi will pick up Friday the 2sd1 at 6:00 p.nt. in Lewistown) July 11 -18 (7 days) (Scot will pick up Friday the 9th at 6:00 p.m. in Carlisle for regular weekend into VlWatiQn weelc. Davi will pick up Sunday 18th at 6:00 p.m. in Lewistown) August 8 - 15 (7 days) (Scot will pick up Friday the 6th at 6:00 p.m. in Carlisle for regular weekend into vacation week. Davi will pick up Sunday the 15th at 6:00 p.m. in Lewistown) / I I ) HAMILTON AND KIMMEL ATTORNEYS AT LAW 201 WEST HIGH STREET BELLEFONTE, PA 1e823 VERIFICATION I hereby verify that the statements appearing in the foregoing pleading are true and correct to the best of my information, knowledge and belief. I understand that the statements made herein are subject to penalties of 18 Pa.C.S.A. section 4904 relating to unsworn falsification to authorities. . IN THE COURT OF COMMON PLEAS OF MIFFLIN COUNTY, PENNSYLVANIA G. SCOTT TATE, Plaintiff Civil Action No. 1065 of 1 ~_93 ~'c.l .~, ~. ::3 ~_, ...!::} -- , ' . ..0 ~-"i ["""~ ..." ..." ""1' ~S~ ~-= .,., ~,) <..n -,,~~ -- -, ('J rrI <:::>0 )> C' ;t: .,9 ~ VS. DAVI T. YOUTZY, Defendant :'.:;" ,~"1 -",.. ~."... ~,.,:,._.,. ,,"'~' IN CUSTODY CJ ()') C" ... r"':' ::::.r_" fT1 :":1 :;:JCJ W ;:-~; :7: cr ORDER NOW, January 29, 1999, after custody conference held this date, and upon agreement of the parties, the Court enters the following: 1. G. SCOTT TATE and DAVI T. YOUTZV shall both have the legal right to make major decisions affecting the best interests of their minor child, GREGORY TATE, including but not limited to medical, religious, and educational decisions. Each parent shall be cofllsidered to be a custodial parent and each shall have the right to access all information concerning these matters including all hospital, doctor, and school records. 2. Primary physical custody of GREGORY TATE shall be in his Mother, DAVI T. YOUTZY 3. Partial physical custody of GREGORY TATE shall be in his Father, G. SCOTT TATE, as follows: 1 a.) during the school year every other weekend, when the parties will meet at McDonalds in Newport, Pennsylvania on Friday at 5:00 p.m. and on Sunday at 5:00 p.m. to exchange the child. If father misses his weekend or any portion thereof because of the child's extracurricular activities, the exact amount of time that has been lost by Father shall be made up. The make-up time shall be the following weekend, if mutually agreed upon between the parties. Otherwise the lost time shall be made up at the earliest possible time that is mutually agreeable between the parties. If Father takes advantage of his full weekend from Friday at 5:00 p.m. until Sunday at 5:00 p.m. and if the child has an e~racurricular activity during that time Father shall see to it that the child attends his activity unless Father has some special plans to take the child out of town or otherwise take the child to a specially scheduled event such as a family wedding, reunions, and the like. If such a special event exists Father shall give reasonable notification to Mother of the scheduled event. b.) during the school vacation, three (3) out of four (4) weekends per month from 6:00 p.m. Friday until 6:00 p.m. Sunday; c.) with 24 (TWENTY-FOUR) hours notice to the Mother, during the summer months Father may exercise a period of partial custody one day per week in Carlisle, Pennsylvania, and during the school year, with 24 (TWENTY-FOUR) hours notice, Father may exercise a period of partial custody in Carlisle when Father is attending his son's activities there; d.) for ai period of three (3) non-consecutive weeks with 30 (THIRTY) days prior notice to the Mother. It is anticipated that more often than not said three (3) weeks will be exercised by the Father during the summer, however, the Court recognizes that the parties have in the past arranged extended periods of custody during the school year to provide for family trips. Further, a reasonable extension of the seven (7) day period for an additional day or two will not be unreasonably denied upon good cause shown; e.) Father shall have custody in odd numbered years on the following holidays: New Years Day, Memorial Day, and Labor Day. Custody shall commence at 5:00 p.m. the day before the holiday and shall end at 8:00 p.m. the day of the holiday; 2 f.) Father shall have custody in even numbered years on the following holidays: Easter, Independence Day, and Thanksgiving. Custody shall commence at 5:00 p.m. the day before the holiday and shall end at 8:00 p.m. the day of the holiday; g.) In 1999 and in odd numbered years thereafter, Father shall have custody from 5:00 p.m. December 25th until 8:00 p.m. December 27th; h.) In 2000 and even numbered years thereafter, Father shall have custody from 5:00 p.m December 23rd until 5:00 p.m. December 25th; L) Each year on the first day of Trout Season. Should that Saturday fall on Mother's alternate weekend, Father shall trade one of his weekends to the Mother in exchange for this period of custody; j.) When Father's alternate weekend immediately precedes the first day of antlered deer season, Father's weekend shall extend to 6:00 p.m. on that Monday. The Court anticipates that the parties may modify this arrangement to accommodate the best interests of the child when the child becomes lawfully old enough to hunt and indicates a desire to do so. k.) Each Father's Day weekend from 6:00 p.m. Friday until 6:00 p.m. Sunday; 4. Mother shall have custody in odd numbered years on the following holidays: Easter, Independence Day, and Thanksgiving. Custody shall commence at 5:00 p.m. the day before the holiday and shall end at 8:00 p.m. the day of the holiday. 5. Mother shall have custody in even numbered years on the following holidays: New Years Day, Memorial Day, and Labor Day. Custody shall commence at 5:00 p.m. the day before the holiday and shall end at 8:00 p.m. the day of the holiday. 3 6. Mother shall have custody each Mother's Day weekend from Friday at 6:00 p.m. until Sunday at 6:00 p.m. 7. Each parent shall have reasonable phone contact with their child. (8:00 a.m. through 9:00 p.m.) 8. Each of the parents shall insure that any medications for the child shall accompany the child to and from visits. 9. Mother shall advise Father of all school activities, athletic activities, health decisions, and the like. 10. All health care providers and school officials may answer any questions of either Parent or may provide copies of any records pertaining to GREGORY TATE which are requested by either Parent. 11. Upon agreement of the parties and with the appropriate authorizations as required by the Carlisle School District, Father may on occasion be permitted to pick GREGORY TATE up at school. 12. During all weekend periods of custody, during make-up times of custody, as well as Mother's Day, Father's Day, the first day of Buck Season, and the first day of Trout Season, the parties shall exchange custody at the McDonald's in Newport, Pennsylvania. 13. During all other holidays and extended week long vacation periods, Father shall pick the child up at the beginning of his period of custody, and Mother shall pick the child up at the end of Father's period of custody. 4 14. The parties shall endeavor to accomplish the exchange of custody in a prompt manner according to the times set forth in this Order. Should either party be consistently late (Le. 20 minutes or more and 3 times or more) a request for sanctions will be entertained by the Court. 15. All communications having to do with custody issues, including but not limited to the determination of primary custody and or arrangements for transportation under the provisions of this Order shall take place between G. SCOTT TATE and DAVI T. YOUTZY. At no time shall GREGORY TATE be used as a messenger for any reason. 16. The specific provisions of this Order found at 3e, 3f, 3g, 3h, 3k, 4, 5, and 6 shall take precedence over the general provisions of this Order. 17. The child shall not sleep in the same room with the Youtzy's house guest, Khalid AI Bulaihed. BY THE COURT, cr~~ TIMOTH~ S.lEARER PRESIDENT JUDGE c: -Claire Kimmel, Esquire Orris C. Knepp, III, Esquire /File .... ~'IJ..r:-..:((1...,.." " ",,..J.~Q...,...o::L ..,........Lf.Q~r............ ""...,-"...",,,,.~b...,p..... 5 IN THE COURT OF COMMON PLEAS OF MIFFLIN COUNTY, PENNSYLVANIA civil Action - Law G. SCOTT TATE, Plaintiff VS. No. 1065 of 1993 DAVI T. YOUTZY, formerly DAVI T. TATE, TO THE PROTHONOTARY OF SAID COURT: "1J(./) ::0 Ie:.:: CJ " --jrn :r:r--" . r- ),:> p~',: PRAECIPE FOR ENTRY OF APPEARANCE :~2'~ ..0 C? en n;:> )> -~ 1>< ~ s;:Jc:; ;.:., -< ="z 0 please enter my appearance on behalf of Plaintiff, Defendant ::0 ::8 t- ~ d~ :3: -., .." !::.." -..- ""'r- t"?f"\1 00 c:: G. SCOTT TATE, in the above-captioned matter. Respectfully submitted: BY: HAMILTON AND KIMMEL ~iQ~ 201 West High street Bellefonte, pennsylvania 16823 (814) 355-1026 LD. #38882 Date: January 12, 1999 HAMILTON AND KIMMEL ATTORNEYS AT LAW 201 WEST HIGH STREET BELJ.,EFONTE. PA 1 e823 IN THE COURT OF COMMON PLEAS OF MIFFLIN COUNTY, PENNSYLVANIA G. SCOTT TATE, ~;~ ::;=; ...,,~ ;~~~ _0 (':) I 1 l -fj -' rn c_ =rN- ",.... . r-'. ~~:~99J- .s.___ _,,_ CI ):> Plaintiff vs. No. 1065 DAVI T. YOUTZY, formerly DAVI T. TATE Cj >"> r.- ~, rj'~ ~~.. :,T~ !'-..~ ~.",.... -.-. -, Defendant c;? C) W ::I: .., --., C--., :~:~r ':Jr:1 C.:;.i.::l (,= ~,::: -1 -< RULE TO SHOW CAUSE AND NOW, this ~ day of ~, 1991' upon consideration of the Petition filed in this matter, a Rule is granted on Defendant to show cause why the Petition should not be f1-- . g is fixed for the J'1 day of 11',00 o'clock -LM. in Courtroom granted. A conferenceil ~lUJ'1 · 1999. at No. ~ of the Mifflin County Courthouse, Lewistown, pennsylvania. BY THE COURT: ;7"~, HAMILTON AND KIMMEL PETITION FOR MODIFICATION OF CHILD CUSTODY ORDER (4~~ to ~ ~,,~9"'l- ~~,~~~ ~ c~~ ATTORNEYS AT LAW 201 WEST HIGH STREET BEUEFONTE. PA 115823 " I' " IN THE COURT OF COMMON PLEAS OF MIFFLIN COUNTY, PENNSYLVANIA G. SCOTT TATE, Plaintiff "".J~~: ;1":.>:,;' c;:' -) 106~\G-~ . 1- .~..... ,,"', ..." , "-':t." R.'"'~' ...~- ,.:...,. o en ("') J;" r- "'~.,(' rT% :"-~ :;oc, ~z vs. No. DAVI T. YOUTZY, formerly DAVI T. TATE Defendant PETITION FOR MODIFICATION OF CHILD CUSTODY ORDER ~ :J: ..c> ~., , -,., ~9:.t: ....., , zr= J:= ,:"') ,-,1 00 "D c: ~ ry ~ <::) \..J AND NOW, comes the Plaintiff, G. SCOTT TATE, by and through his attorneys, HAMILTON and KIMMEL, and files the within Petition for Modification of Child custody Order averring as follows: 1. ~he parties hereto were married on July 27, 1985. They were divorced on November 29, 1993. They are the parents of one (1) minor child, GREGORY TATE, whose date of birth is March 21, 1991. 2. On October 8, 1993, this Honorable Court entered a custody Order. A true and correct copy of said Order is attached hereto. 3. At the time that the October 8, 1993 Order was entered, the minor child was approximately two and one-half (2 1/2) years old, and the Order, as entered, was in the best interestS of the child. HAMILTON AND KIMMEL ATTORNEYS AT LAW 201 WEST HIGH STREET BEL..LEFONTE. PA 16823 4. The child is now seven (7) years old and Plaintiff desires to spend a greater amount of time with the child than is allowed by the October 8, 1993 Court Order. In fact, over the years, the parties have expanded the amount of time during which the child has been in the partial physical custody of his father beyond the terms of the October 8, 1993 Court Order. 5. Accordingly, Plaintiff is requesting that the existing custody Order be modified to provide as follows: a. That Plaintiff shall have partial physical custody of the minor child for three (3) weekends out of every four (4) weekends from 6:00 p.m. on Friday until 6:00 p.m. on Sunday; b. That father shall have partial physical custody of the minor child each and every year on Father's Day from 5:00 p.m. the day before until 8:00 p.m. on Father's Day; c. That father shall have partial physical custody of the minor child each and every year on the first day of Buck Season, the first day of Doe Season and the first day of Trout Season from 5:00 p.m. the day before until 8:00p.m. of the special day; d. That father shall have periods of partial physical custody with the child for three (3) full weeks of vacation (from sunday until the following sunday) during the calendar year; e. That starting in 1999 and in all odd-numbered years father shall have partial physical custody of the child from December 23rd at 5:00 p.m. on Christmas Eve thro~gh and including Christmas Day at 5:00 p.m., and that in even-numbered years father shall have the child from 5:00 p.m. on Christmas Day until 8:00 p.m. on December 27; HAMIL TON AND KIMMEL f. That father shall have partial physical custody of the child in all even-numbered years on Easter, Than~sgiving and the Fourth of July, and that father shall have partial physical custody of the child in all odd-numbered years on New Years Day, Memorial Day and Labo~ Day. Said holidays shall begin at 5:00 p.m. the day ~efore the holiday and last until 8:00 p.m. the day of the holiday; ATTORNEYS AT LAW 201 WEST HIGH STREET ~.PA 16823 .~ ~... :t ~c.. ,. ~ .. ~, . 'if HAMILTON AND KIMMEL ATTORNEYS AT LAW 20 t WEST HIGH STREET BE1.l.EFONTE, PA t t5823 I' I' g. That father shall have the option of spending several hours with the child one day per week of the father's choosing, giving mother 24 hours notice for the purpose of going to lunch or dinner, going to the park, mall and the like. h. T~at father shall have reasonable telephone privileges between the hours of 8:00 a.m. and 9:00 p.m. on a daily basis when the child is in the custody of mother; 6. Additionally, Plaintiff requests that the Court address several issues having to do with legal custody and requests that the Court amend the existing custody Order to provide as follows: a. Mother 'shall insure that the child is sent to the father's home with all proper medication including asthma medication, antibiotics, and the like; b. Father's name shall be added to the list of persons who may pick the child up from school in the event that such pickup should become necessary in connection either with the custody schedule or an emergency situation; c. Mother shall advise father of all school activities, athletic activities, health.decisions, and the like as well as a provision statin~'~is Order shall authorize any health care provider or school official to answer any questions of either parent or ~~~~;:;CQfieS of any records requested by either d. that the parties shall split equally all non- cove~ed medical costs incurred by, for or on behalf of the minor child. 7. Senerally, father has provided most of the transportation to effectuate periods of partial custody for the past five years. Father requests that the Court include in its amended Order a provision providing that the parties shall share transportation, specifically, father shall get the child from mother's house to begin the periods of partial physical custody and mother shall pick the child up from father's house at the end of the periods of partial physical custody. 8. Finally, father has recently been made aware of the fact that mother has a tenant in her home. The tenant is sleeping in the child's bedroom. Father is requesting that this Honorable Court enter an Order directing that the tenant shall not sleep in the same room as the minor child and that the tenant shall not babysiit the minor child or otherwise be alone with the child without ~nother responsible adult present. 9. hn amendment to the existing custody Order as requested above will be in the best interests of the minor child. WHEREFORE, it is respectively requested that this Honorable Court amend the existing October 8, 1993 Order to include the provisions requested in this petition. Respectfully submitted, HAMILTON AND KIMMEL BY: Claire A. Kimmel, Esquire CtdJ HAMILTON AND KIMMEL ATTORNEYS AT LAW 201 WEST HIGH STREET BELLEFONTE. PA 115823 IN THE COURT OF COMMON PLEAS OF MIFFLIN COUNTY. PENNSYLVANIA G. SCOTT TATE, Plaintiff Civil Action No. 1065 of 1993 VS. DAVI T. TATE, Defendant ORDER - Now, October 8, 1993, upon agreement of the parties, the Court makes the following Order: 1. Primary custody of the parties' minor child, GREGORY TATE, shall be in his mother, DAV] T. TATE. 2. Partial custody of said child shall be in his father, G. SCOTT TATE, as follows: a. every other weekend commencing Friday at 6:00 p.m. and terminating on Sunday at 6:00 p.m. Weekends to commence October 15, 1993. b. each Christmas commencing at 9:00 a.m. December 26th and terminating at 9:00 p.m. December 27th. c. for two (2) non-consecutive weeks each summer. G. SCOTT TATE to give DAVI T. tATE at least thirty (30) days written notice of when he intends to exercise said periods of temporary custody. d. during even numbered years on the following holidays: New Years Day, Memorial Day, and Labor Day. Custody to commence at 5:00 p.m. the day before the holiday and terminate at 5:00 p.m. the day of the holiday. e. during odd numbered years for the following holidays: Good Friday, and July 4th.' Custody to commence at 5:00 p.m. the day before the holiday and terminate at 5:00 p.m. the day of the holiday. 3. DAVI T. TATE shall have custody of said child each Easter and Thanksgiving. File HELEN ARSENIU WHITE PRESIDENT JUDGE "Randall Zimmerman ,'- _.- -- - ..--. ~ - ' ~. , BARRON & ZIMMERMAN~\ \ '::'. '.,-:::, : - 119 West Market Si:~eie1:--:-"':'- Lewistown PA 17044 n: ' ---- "/ ~:~ :i ~<.... . '., \;", cc: Orris C. Knepp, III BRUGLER & LEVIN 10 South W.yne Street Lewistown rA 17044 --'"\ ........ . ~..~ " HAMILTON AND KIMMEL ATTORNEVS AT I-AW 201 WEST HIGH STREET BEI..l.EFONT'E. PA 16823 VERIFICATION I hereby verify that the statements appearing in the foregoing petition for Modification of Custody are true and correct to the best of my information, knowledge and belief. I understand that the statements made herein are subject to penalties of 18 Pa.C.S.A. section 4904 relating to unsworn falsification to authorities. ~ t;.~ e~s. Tate ~ > l , I j I ! IN THE COURT OF COMMON PLEAS OF MIFFLIN COUNTY, PENNSYLVANIA CIVIL ACTION - LAW G. SCOTT TATE plaintiff/Respondent No. 1065 of 1993 vs. IN DIVORCE DAVI T. TATE now known as DAVI T. YOUTZY Defendant/Petitioner -rv-- ORDER NOW, this ~ day of ~?P~~' 199~, upon consideration of a Petition to Modify, a 1 '19/conference is scheduled for ~ N\\\ll~ :;).9_, 1993.., at iI',(5\) o'clock A-.M., prevailing time, at the (Main Courtroom; Judge'S Chambers) of the Mifflin County Courthouse, 20 S. Wayne St., Lewistown, PA. BY THE COURT: ~~ P.J. ~~1 "'l- 1~jd.111'h I<+- "1:.1 :::rJ C) -'["1"1 ::J: r' 'r ::l>P" z:;,~: CJ(/) CJ)::;. r....., ",...-. ;:0-0 ::=:~ :0 _c co = rrl C"'? tV LV ::r ..., "Tj C.." ~7- .....r n", 00 c :;;;e; -i -< 1) VI U1 r LAW OFFICES BRUGLER & LEVIN LEWISTOWN, PA. IbD" , 'IW,',"""'"'m,..._.,~...".,,_, '.....~"',"'"'".,,''",'' '"'" "u"~,,,,,,''',',,I,' h. IN THE COURT OF COMMON PLEAS OF MIFFLIN COUNTY. PENNSYLVANIA CIVIL ACTION - LAW G. SCOTT TATE No. 1065 of 1993 Plaintiff vs. IN DIVORCE -u~ ;Q.~::; 01'1 ""';('11 ::C, . r- >fT1 %'2: CJu; ("') )? )> IX = m.....; .. :::00 W ~:z: w and correct copy of :z e: t;::) f"1"\ (""') N :t .." .." C:.." %- r- ("')m 00 c: % .....; -< DAVI T. TATE now known as DAVI T. YOUTZY Defendant AM~NDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true the foregoing document upon all counsel of record by depositing the same in the United States Mail, first class, postage prepaid, at Lewistown, Pennsylvania, on the 16th day of December, 1998, addressed as follows: Randall E. Zimmerman, Esquire Barron & Zimmerman 119 West Market Street Lewistown, PA 17044 ORRIS C. EPP, III--. Attorney I.D. #61921 10 South Wayne Street P. O. Box 870 Lewistown, PA 17044-0870 (717) 248-4971 Counsel for Petitioner LAW OFFICES BRUGLER & LEVIN LEWISTOWN, PA. ,..,.;,,,,,.,,,,,,. ~j <,.I IN THE COURT OF COMMON PLEAS OF MIFFLIN COUNTY. PENNSYLVANIA CIVIL ACTION - LAW G. SCOTT TATE Plaintiff/Respondent No. 1065 of 1993 vs. IN DIVORCE "U (/) ::Z) c:: aP] -'rr'l ;:r:,. r-' :t>rq :;;;::.;.~.::: a- OV) CJ J:> 1) f;>< ..,..,-r W ..-v C) :X:;z <.n known as D~I ::0 c8 o r" (""") ~ .." ." !::"T1 ;;z:- r- "fT1 00 c: z ....., -< T. DAVI T. TATE now known as DAVI T. YOUTZY Defendant/Petitioner PETITION TO MODIFY AND NOW comes Petitioner, DAVI T. TATE, now YOUTZY, by and through her counsel, Brugler & Levin, and brings the following Petition for Modification of Custody, and in support thereof avers as follows: 1. On October 8, 1993, an Order of Court was entered for custody in the above-captioned action and that said Order was modified after conference held January 9, 1995; 2. Both of said Orders should be modified because the parties are no longer abiding by the terms and conditions set forth therein and problems have developed between the parties as well. 3. The above-mentioned problems include: transportation of the child, including a recent incident where the Respondent refused to return the child to the Petitioner's home in Carlisle, Cumberland County, PA, as the Respondent wanted to leave and, in fact, did leave to go to hunting camp, even though he knew that Petitioner did not have transportation to come pick the child up until her husband c~me home from work; Respondent and his wife purchased a cat and the parties' child has an allergy to cats. LAW OFFICES BRUGLER & LEVIN LEWISTOWN, PA. Furthermore, the child has a history of breathing problems and takes medicine and breathing treatments for said medical condition, yet Respondent does not give the child breathing treatments and when Petitioner complains, Respondent has repeatedly told the Wetitioner that the child's doctor has misdiagnosed the child, despite the fact that there is no medical evidence to support the Respondent's assertion; Respondent also is putting pressure ~n the child to move in with the Respondent during visits and the child complains to Petitioner when he returns home about the pressure his father is putting on him; and the parties have both remarried and circumstances have changed, so that it is otherwise necessary to modify the current custody orders. WHEREFORE, DAVI T. TATE, now known as DAVI T. YOUTZY, respectfully requests that the Court modifies the current Custody Order because it is in the best interests of the child. Respectfully Submitted, BRU~ By ORRIS C. -~PP. -III Date: ):2- 3-7"Z5 LAW OFFICES BRUGLER & LEVIN LEWISTOWN, PA. VERIFICATION I verify that the statements made in the above Petition for Modification of Cust~dy are true and correct. I understand that false statements made herein are made subject to the penalties of 18 PA C.S. ~4904 relating to unsworn falsification to authorities. <'- ._~ t-....h n..L I ' DAVI T. YOUTZY ~ Dated: _~a-S ,q~ LAW OFFICES BRUGLER & LEVIN LEWISTOWN, PA. IN THE COURT OF COMMON PLEAS OF MIFFLIN COUNTY, PENNSYLVANIA CIVIL ACTION - LAW G. SCOTT TATE No. 1065 of 1993 Plaintiff vs. IN DIVORCE DAVI T. TATE now known as DAVI T. YOUTZY Defen~ant CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon MARGARET SIEGEL-HORNER, the Respondent, and counsel for other interested parties by depositing the same in the United States Mail, first class, postage prepaid, at Lewistown, Pennsylvania, on the ~~ay of December, 1998, addressed as follows: Randall E. Zimmerman, Esquire ~arron & Zimmerman 119 West Market Street Lewistown, PA 17044 IS C. EPP, III Attorney I.D. #61921 10 South Wayne Street P. O. Box 870 Lewistown, PA 17044-0870 (717) 248-4971 Counsel for Petitioner LAW OFFICES BRUGLER & LEVIN LEWISTOWN, PA. IN THE COURT OF COMMON PLEAS OF MIFFLIN COUNTY. PENNSYLVANIA G. SCOTT TATE, NO. 1065 of 1993 Plaintiff vs. CUSTODY DAVI T. TATE, now known as DAVI T. BURKHOLDER,: Defendant -th NOW, this ~ day of ~Le~ , 199~, upon consideration of PETITION FOR MODIFICATION OF VISITATION ORDER ORDER, a L ?J_l/conference is scheduled for 10nUQRa 9 , 199~, at 1~3o o'clock E-.M., prevailing time, at the (Main Courtroom; Judge's Chambers) of the Mifflin County Courthouse, 20 North Wayne Street, Lewistown, PA. BY THE COURT: -=r;-4.~ P.J. tJ CJ.L( ~~ I;;;D y J '3:?/ ) ~~F Off- -<' -\ C/ ..'5~ :tt \ OJ (J . SG\\'Y- P (e? O. \ ': G1r~.J~~ nw ~ ~ .~ \ 2\994 ~ , - ~ ~"" lice H \\.1 33 - ,'_":r"'" (' , .,,_,\0 ..~_. .v.,...".....--,..-.....-- LAW OFFICES BRUGLER & LEVIN LEWISTOWN. PA. IN THE COURT OF COMMON PLEAS OF MIFFLIN COUNTY. PENNSYLVANIA G. SCOTT TATE, NO. 1065 of 1993 Plaintiff vs. CUSTODY ~."",,'" DAVI T. TATE, now known as DAVI T. BURKHOLDER,: Defendant : ,"" ~, \ PETITION F~R MODIFICATION OF VISITATION ORDER 'f:~l , ...:~:. AND NOW, Petitioner, by and through her attorney, ORRIS C. KNEPP, III, Esquire, files a Petition for Modification of Visitation Order against Respondent, and in support thereof, avers the following: 1. Petitioner is DAVI T. BURKHOLDER, formerly DAVID T. TATE, but now having resumed her maiden name ["Mother"], who currently resides at Kenray Avenue, Apartment K-5, Dover, PA. 2. Respondent is G. SCOTT TATE ["Father"], who currently resides at RD 1, Box 201B, Ferguson Valley Road, Lewistown, PA. 3. Petitioner seeks modification of visitation of the following child: Name Present Address Age GREGORY D. TATE Kenray Avenue Apartment K-5 Dover, PA 3 years d.o.b. 3-21-91 The child was not born out of wedlock. The child is pJj-esently in the custody of Mother, who currently resides at Kenray Avenue, Apartment K-5, Dover, PA. LAW OFFICES BRUGLER & LEVIN LEWISTOWN, PA. 1m ill Ii] ill i '11 ill ~ " 1: l DEe I ') \994 ~ , I l___" .~.,..".-'- "', ,. ~""'RS H.! (,..."" ,H>... During the past two years, the child resided with the following persons and at the following addresses: Persons Addresses Dates G. SCOTT TATE DAVI T. BURKHOLDER RD 1, Box 201B Ferguson Valley Lewistown, PA October 1992 to Rd. June 29, 1993 DAVI T. BURKHOLDER BRIAN YOUTZY Kenray Avenue Dover, PA June 29, 1993 to Present The mother of the child is DAVI T. BURKHOLDER, who currently resides at Kenray Av~nue, Apt. K-5, Dover, PA. She is divorced. The father of the child is G. SCOTT TATE, who currently resides at RD 1, Box 201 B, Ferguson Valley Road, Lewistown, PA. He is divorced. 4. The relationship of Petitioner to the child is that of Mother. Petitioner currently resides with the following persons: Names Relationship BRIAN YOUTZY GREGORY D. TATE Paramour Son 5. The relationship of Respondent to the child is that of Father. Respondent currently resides with the following person(s) Name(s) NONE KNOWN TO PETITIONER Relationship 6. Petitioner has participated as a party or witness, or in another capacity, in other litigation concerning the custody of 2 LAW OFFICES BRUGLER & LEVIN LEWISTOWN, PA. the child in this or another court. The court, term and number, and its relationship to this action is the same. Petitioner has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Petitioner does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visi~ation rights with respect to the child. 7. The best interests and permanent welfare of the child will be served by granting the relief requested because: (a) Respondent has, on numerous occasions, arrived at the Petitioner's home, either at the commencement of his visitation or conclu~ion of his visitation, under the influence of alcohol; (b) Respondent, while in the state set forth in (a), has driven the vehicle transporting the minor child; (c) Respondent, during transportation of the minor child, has refused to properly fasten the seatbelt of the minor child or use proper safety devices to transport the minor child, despite repeated requests for him to do so by the Petitioner; (d) Respondent has on numerous occasions refused to allow Petitioner's family members to pick the child up at the conclusion of Respo~dent's period of visitation and, instead, retained physical c~stody of the child until Petitioner travelled from Dover, York Co~nty, PA, to pick the child up. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the 3 LAW OFFICES BRUGLER & LEVIN LEWISTOWN, PA. child have been named as parties to this action. No other persons are known to have or claim a right to custody or visitation of the child. WHEREFORE, Petitioner respectfully requests that this Honorable Court enter an Order modifying the visitation of Respondent with the child. Respectfully submitted, BRUGLER & LEVIN B&~.?~ ORRIS C. KNEPP, III Attorney for Petitioner VERIFICATION I verify that t,he statements made in the above PETITION FOR MODIFICATION OF VISI~ATION ORDER are true and correct. I understand that falsie statements made herein are made subject to the penalties of 18 !PA C.S. S4904 relating to unsworn falsification to au~horities. ~~-r \:)~~~ DAVI T. BURKHOLDER Dated: ) a- :) -gt..l 4 LAW OFFICES BRUGLER & LEVIN LEWISTOWN, PA. 0 ~ ~ ~ 0 .....~ 0 ~~ ~ ~ o';? '?~ ~ ~ 0 ~ ';:'.0 ~ ~ ~ .....~ ~ fIl ~ Po ~ ~ ~. \ ~..... ~ ~ ~ O. ~ (<) ~E-' ~ ~ t 0..... ?~ 0' {:s.<(/). 0' ~ .-I ~..... ,... 0'7 '" '+-' ..... ; 0 E-'{:s.< . \ .....0 , .n E-' \!l ';>"' ~ 0 g 1M .-I E-' tfl 0 :::> ~ 0 IN THE COURT OF COMMON PLEAS OF MIFFLIN COUNTY, PENNSYLVANIA fi-, k~ Plaintiff CIVIL ACrION.- LAW vs. NO . j{) 6 S- 0 F J.9 q 3 / ~T?4u Defendant ACTION IN DIVORCE NOTICE OF INTENTION TO RESUME PRIOR SURNAME I, rif~/ T ~ PurSU?rlt t:o the r:-Tovisi.ons of Section 702 of the Divorce Code, my prior surname, which is , declare that I intend to resume ~?~ Tjf~, immediately upon the filing of this written notice with the Prothonotary of the Court 'of Common Pleas of Mifflin County, Pennsylvania. \;\.~\-\~ State of Pennsylvania: :ss .County of Mifflin : On thec::;;m day of ~ ,19!J!i, before me, the undersigned officer, persona.lly appeared ~/ T .~ known to me or ~atisfactorily proven to be the person whose name ACKNOWLEDGMENT , is subscribed to the written instrument and acknowledged that she execu- ted the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. FllEID MifF! tH.CCIWNTY ' I MMz.I 3 ~ PM ,., aaZC~,~ No .. Public I ... . . SUE fLU.>~ ~AnON f'RCTtUNOCLERK In The Court Of Common Pleas Of Mifflin County Pennsylvania COUF~TH()USE P'('o"\;h 1:)),10"\;,;\ 'f')' Lewistown, Pa 17044 Civil A~tion No.: 1993-01065 TATE D(.WI T (.:IPT 1'1 N""3 KENm~Y AVE Y()F~K P(.~ 0({)({)({)({) J.O]J~......U...J?.!.;'Q.J.T.................................................................................. Plaint:i. ff ~Hf VEF~SUS ~f* J.OJJ.;.....!?..8..Y-J.....L.................................................................................... I)~~ f ("md,;\ nt; YmA are hereby notified that a Decree in Divorce was entered in the above captioned case on November 30, 1993. l~is letter should rn)t be used in place of the actual Decree. If you desire a certified copy ()f this Dec'('ee, y(JU can ob"t;ain the same by comi.ng into ou'(' office. Please bring this letter with you. The fee is $ 3.00 If D~!f€~ndants (.~ction No. 'f'f~quest copy of on yt1U'(' is nlade Dec'nee. 'f'eql.lif?st. by mail, please enclose $ 3.00 for the Also, do not forget to indicate Civil Sincerely yours, ) ~~~~-------- I '" P 250 086 961 .~ - IM1'EOSTATES POSTAlSEIlVlCE Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail See Reverse) Sr. $ Certified Fee Special Delivery Fee Restricted Delivery Fee i""'" ~ m m Return Receipt Showing to Whom & Date Delivered Ql C :J ...., Return Receipt Showing to Whom, Date, and Addressee's Address TOTAL Postage & Fees $ o o Ill) (I) E <5 u. Vl Q. Postmark or Date . . """ IN THE COURT OF COMMON PLEAS OF MIFFLIN COUNTY, PENNSYLVANIA G. SCOTT TATE, CIVIL ACTION - DIVORCE Plaintiff vs. No. 1065 of 1993 i I Def1ndant I I DEe R E E AND NOW, L4' er'1 . 199 3. it is ordered and decreed that G. Scott Tate, P1Jintiff and Davi T. Tate, Defendant, are divorced from the bondJ of matrimony. The Court retainsljurisdiction of claims which have been raised of record in this acti1n for which a final order has not yet been DAVI T. TATE, entered. I Property SettlemeJt Affidavit of Consent i1 Agreement as attached to Plaintiff's incorporated herein. BY THE COURT, ~A ~~/~/2i4~ i ;; C"L"' I.,' i - _ - 'L~ c. i N COUNTY Nail 30 " 10 AM '93 r- r. ~;; i , .... ;.)i'I ., 1,,': RK IN THE COURT OF CO~ON PLEAS OF MIFFLIN COUNTY, PENNSYLVANIA G. SCOTT TATE, CIVIL ACTION - DIVORCE Plaintiff vs. No. 1065 of 1993 DAVI T. TATE, I DefJndant I ~rCIPE TO THE PROTHONOTARY: TO TRANSMIT RECORD Transmit the reco d, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for di orce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and mann~r of service of the Complaint: By Certified Mail, Return Receipt R quested, Restricted Delivery To Addressee Only, as is evidenced y Randall E. Zimmerman, Esquire's Affidavit of Service dated Augus 20, 1993 and filed of record. 4. (a) Date of xecution of the Affidavit of Consent required by Secti n 3301(c) of the Divorce Code: By Plaintiff Novembe 18 , 1993; By Defendant November 12 1993. (bl) Date of Lxecution of Plaintiff's Affidavit required by Section ~301(d) of the Divorce Code N/A , 19 ; i (b2) Date of Lervice of the Plaintiff's Affidavit upon the Defendanr: N/A, 19__. Related c1aimr pending: NONE. I BARRON & ZIMMERMAN 3. November 19 , 1993 ..... ~:IF IJoll /9 10 06 AM '93 ',I :: rOil PRel n./h0 C:tCf\K IN THE COURT OF C~MMON PLEAS OF MIFFLIN COUNTY, PENNSYLVANIA G. SCOTT TATE, CIVIL ACTION - DIVORCE Plaintiff vs. No. 1065 of 1993 DAVI T. TATE, De~endant AFFIDAVIT OF CONSENT 1. A Complaint ~n Divorce under Section 3301(c) of the Divorce Code was filed on AugJst 10, 1993. 2. The marriage IOf Plaintiff and Defendant is irretrievably broken and ninety (90)1 days have elapsed from the date of filing the Complaint. 3. I consent to entry of a final Decree of Divorce which incorporates of that Property Settlement Agreement entered into between myself a d Davi T. Tate, Defendant, the 8th day of October, 1993, copy which is attached hereto as Exhibit "A" and, by this reference, in orporated herein. 4. I understand that I may lose rights concerning alimony, division of property, 'lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify statements made in this Affidavit are true and correct. I under tand that false statements herein are made subject to the pena1t'es of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Yd$~ G. Scott Tate - Plaintiff rWfl H... / $ iLED ',. 'J I, ,i,'l\l I uJ~' n 'M . (j'j'" '. -lij 1:,' ,I, ~J" - .1 IN THE COURT OF CO~ON PLEAS OF MIFFLIN COUNTY, PENNSYLVANIA G. SCOTT TATE, vs. DAVI T. TATE, CIVIL ACTION - DIVORCE Plaintiff No. 1065 of 1993 Def$ndant I AFFIDAVIT OF CONSENT i 1. A Complaint i+ Divorce under Section 3301(c) of the Divorce Code was filed on Auguft 10, 1993. 2. The marriage if Plaintiff and Defendant is irretrievably broken and ninety (90) I days have elapsed from the date of filing the Complaint. I 3. I consent to the entry of a final Decree of Divorce which incorporates the terms I of that Property Settlement Agreement entered into between myself an~ G. Scott Tate, Plaintiff, the 8th day of October, 1993, copy oflwhich is attached to Plaintiff's Affidavit of Consent as Exhibit "A"land, by this reference, incorporated herein. 4. I understand that I may lose rights concerning alimony, division of property, ~awyer's fees or expenses if I do not claim them before a divorce tS granted. I verify that the statements made in this Affidavit are true and correct. and that false statements herein are made subject to the pena1ti s of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification 0 authorities. ~lMl<<\~ \'d. , 19P3 \:J~\,-( ~ Davi T. Tate - Defendant r.- 1 i En 1,_" u ~AI!Fi \/1 COU!HY Hnll 16 lO 4G AM i~3 ~ ! ,_ i ~; . l,... ..... : ;., ON c,'Lcd<- Pt-~O-i n i POSTED: Date Time Place By IN THE COURT OF COMMON PLEAS OF MIFFLIN COUNTY. PENNSYLVANIA G. SCOTT TATE, Plaintiff Civil Action No. 1065 of 1993 VS. DAVI T. TATE, Defendant ORDER Now, October 18, 1993, upon agreement of the parties, the Court makes the following Or~er: 1. Primary custody of Ithe parties' minor child, GREGORY TATE, shall be in his mother, DAVI IT. TATE. 2. Partial custody of Is aid child shall be in his father, G. SCOTT TATE, as follows: a. every ot~er weekend commencing Friday at 6:00 p.m. and terminating on Sunday at 6:00 p.m. Weekends to commence October 15, 1993. b. each chrkstmas commencing at 9:00 a.m. December 26th and terminating at 9:00 p.fu. December 27th. c. for two 1c2) non-consecutive weeks each summer. G. SCOTT TATE to give DAVI T. T~TE at least thirty (30) days written notice of when he intends to exelrcise said periods of temporary custody. d. during ~ven numbered years on the following holidays: New Years Day, Memori~l Day, and Labor Day. Custody to commence at 5:00 p.m. the day before ttle holiday and terminate at 5:00 p.m. the day of the holiday. e. during Jdd numbered years for the following holidays: Good Friday, and July 4th. I Custody to commence at 5:00 p.m. the day before the holiday and terminate at 5:00 p.m. the day of the holiday. I 3. DAVI T. TATE shall have custody of said child each Easter and Thanksgiving. HELEN ARSENIU WHITE PRESIDENT JUDGE , , C. Knepp, IIn WIMLER & ~EVIN . ......1.Q...~.9.uth W yne Street Lewistown A 17044 .. ............. e .... ......................... I""" ,\ r:\\Ctl, 'C. :~' C ('IIJill ~ ~dal~A~i:e~m~~MME~ \~ \U 2.4 M~ '~3 119 West Market ~neet ;: Lewistown PA 17041+,::', G' Li:}' 't't\C;t'l v IN THE COURT OF CO~ON PLEAS OF MIFFLIN COUNTY, PENNSYLVANIA G. SCOTT TATE, CIVIL ACTION - DIVORCE Plaintiff vs. No. 1065 of 1993 C"'") en - Defendant >- l- X 0:::> wg -Ix - - u- i:. :IE: c::L- b %:w:: ~cx: t"~ t.J '_: _..J .'0 ,I) :<:. ~= .'~ . DAVI T. TATE, ':1""':: ORDER ,- ~ 0- W en :x: . ,.;:) ~~ :;,t: -'~:i~... oJ, You are ordered tOI appear in person at the main courtroom, Mifflin County courthou~e, 20 North Wayne Street, Lewistown, Pennsylvania, on~.t~ ' the X"'b'. day of ~, 1993, at -L-:~ ~.M"I prevailing time, for / X / A CONCILIAT ON OR MEDIATION CONFERENCE. / / A PRETRIAL ONFERENCE. / / A FORE THE COURT. If you fail to app ar as provided by this order, an order for custody, partial custodr or visitation may be entered against you or the court may issue a w~rrant for your arrest. YOU SHOULD TAKE TH~S PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER pR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. JUdg6's Secretary Judg~'s Chambers Mifflin County Courthouse Lewilstown, PA 17044 i , Ib93 B~4~ liJi;; rU'.1 cc:'Randall E. Zimmerman. ~1.. ,(File 'J' 0" 'tkri s C. Knepp, I II , ,ffilrn s:p~~~J@1 !!\J CHAMBERS ' Efq. , Esp. I I " --~, ,~~.- ~"''''''~''_''''''_...,w"""_,"",."",,_~,,. .. IN THE COURT OF CO~ON PLEAS OF MIFFLIN COUNTY, PENNSYLVANIA G. SCOTT TATE, CIVIL ACTION - DIVORCE P1ailntiff vs. No. 1065 of 1993 DAVI T. TATE, Defejndant MOTION AND NOW, comes c04nse1 for Plaintiff above named, and requests I your Honorable Court td schedule a conference with regard to Count Two of Plaintiff's Comg1aint (sur. Partial Custody). BARRON & ZIMMERMAN l"h4, i1 , 1993 1aintiff >- ;- :l!: ::::;,:::> LUg ....J :z: .- -"~ l~.. :"' ('<"l ~ 'S: c- ~ ~.. .~ fu V,) ;f; :;E~ ;:.':.1; .( l~~ '1-b /) - .1 ~ '::.: ,0 ,\".,jcr.;' ~:~l): ~ o~ ooH ~Z Z filS: <( HH 4-l .jJ ~ P<>< 4-l ~ a:: ZOO "H CO ~ fil .jJ 't:l W OZ U ~~ P: ~ ~ ~ ~ 0 oH Q) ~ oP< CO 4-l ~ :> .-l Q) lfI U H II: ~ OM P< 0 H N 9 ~>< E-! 0'1 i! ~ .J oE-! 10'1 ~ W Z .-l fil rJ lfI 8::> Z z Z 8 ::J p:O 04-l ~ ~ 0 0 ::>U H 0 8 a:: tJ Oz 8 a:: UH UU"l 8 Ul filH ~\O 8 :> , <( 0 0 8t m tI:~ H.-l U 8~ H 00 ~ H :> . Z::': H 0 . H UZ ~ IN THE COURT OF COMMON PLEAS OF MIFFLIN COUNTY, PENNSYLVANIA CIVIL ACTION - LAW G. SCOTT TATE, CIVIL ACTION NO. 1065 of 1993 Plaintiff vs. IN DIVORCE DAVI T. TATE, Defendant NOW THIS ORDER ~ay Of~ , 1993, upon consideration of De~endant/P1aintiff on the Counterclaim's Motion for Hearing in re1a~ion to Count Four - Alimony Pendente Lite, Counsel Fees, Costs 'and Expenses, a hearing thereon is hereby scheduled for the ~~day of -W--I~ 1993, at Cl:OiJ o'c1ock~.M., in th~ Main Courtroom of the Mifflin County Courthouse, 20 N. W4yne Street, Lewistown, PA, 17044. BY THE COURT: \r!Jlv~u,,; 7J~ P.J. cc:~ndall E. Zimmerman, Esq. ~ris C. Knepp, lIt, Esq. Fi Ie F\\.EU ''1 \lilt\'\ I~ cOUl\i $E.f 11 \ 07~" .~1 c".;(\O'" \~~c~ :\' i;O ~C~ [\\~ LAW OFFICES BRUGLER & LEVIN LEWISTOWN, PA. IN THE COURT OF COMMON PLEAS OF MIFFLIN COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ", G. SCOTT TATE, CIVIL ACTION NO. 1065 of 1993 Plaintiff vs. IN DIVORCE DAVI T. TATE, Defenaant MOTION FOR HEARING To the Court of Cornmbn Pleas of Mifflin County, Pennsylvania: NOW COMES, Orri~ C. Knepp, Esq. of Brugler & Levin, Attorneys for the De~endant in the above captioned action, and moves your Honorab1el Court to schedule a hearing in relation to Count Four - A1imon~ Pendente Lite, Counsel Fees, Costs and Expenses, in Defendant's Counterclaim in the above captioned matter. ::U~~ ORRIS C. KNEPP, III Attorneys for Davi T. Tate Dated: August~, Jl993 1<\' ~ FILED ,'H C()\J;1i'f 3 58 r'~ "lj'j ~\lG n iT \~ !.~ ~H p-~ LAW OFFICES BRUGLER & LEVIN LEWISTOWN, PA. IN THE COURT OF C~MMON PLEAS OF MIFFLIN COUNTY, PENNSYLVANIA CIVIL ACTION - LAW G. SCOTT TATE No. 1065 of 1993 Plaintiff vs. IN DIVORCE DAVI T. TATE m 0'") ~ f?~ , ',' :::>< ,....~ ..~" -:---:' '.:)'~ ,\ NOTICE TO PLEAD ::::l ::) L~I ~ _J .., -.. ::'~: l.l.. _' >- t- :;c :~ ()..- ('() If) C) Defendant (") '..;:':' To: G. Scott Tate >-!... - '.:) ::::~ l>.. ~ You are hereby notified to file a written response to l:heg ::;.: .;';:::1: enclosed Answer and Counterclaim within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully submitted, ORRIS C. KNEPP, III Attorneys for Defendant LAW OFFICES BRUGLER & LEVIN LEWISTOWN. PA, IN THE COURT OF COMMON PLEAS OF MIFFLIN COUNTY, PENNSYLVANIA CIVIL ACTION - LAW G. SCOTT TATE No. 1065 of 1993 Plaintiff vs. IN DIVORCE DAVI T. TATE Defen9-ant NOTIfE TO DEFEND AND CLAIM RIGHTS You have been s~ed in Court. If you wish to defend against the claims set forth'in the following pages, you must take prompt action. You are war~ed that if you fail to do so, the case may proceed without you ,nd a Decree of Divorce or Annulment may be entered against you by the Court. A judgment may also be entered against you for any ~ther claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakd~wn of the marriage, you may request marriage counseling. A list ~f marriage counselors is available in the Office of the Protho$otary at Room 150, 20 North Wayne Street, Lewistown, PA 17044. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S F ES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY OSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELQW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Judge's Secretary Judge's Chambers Mifflin County Courthouse Lewistown, PA 17044 (717) 248-4613 BRUGLER & LEVIN BY&~ ORRIS C. KNEPP, III Attorneys for Defendant LAW OFFICES BRUGLER & LEVIN LEWISTOWN, PA, IN THE COURT OF COMMON PLEAS OF MIFFLIN COUNTY, PENNSYLVANIA CIVIL ACTION - LAW G. SCOTT TATE No. 1065 of 1993 Plaintiff vs. IN DIVORCE DAVI T. TATE Defendant ANSWER TO COMPLAINT FOR DIVORCE COMPLAINT UNDER SECTI~N 3301(c) OF THE DIVORCE CODE COUNT ONE DIVORCE Defendant, DAVI T. TATE, files the following Answer to Plaintiff's Complaint: 1. Admi tted. 2. Admitted in part. More specifically, Defendant DAVI T. TATE's address is Kemray Avenue, Apartment N-3, Dover, Pennsylvania 17315. 3. Admitted. 4 . Admit ted. 5. Admitted. 6. Admitted. 7. No response is necessary and, accordingly, the allegations hereof shall be deemed denied per PA RCP 1920.14 and proof is demanded. 8. No response is necessary and, accordingly, the allegations hereof shall be deemed denied per PA RCP 1920.14 and proof is demanded. COUNTERCLAI~ IN DIVORCE UNDER THE DIVORCE CODE AND RELATED COUNTS COUNT TWO ~QUEST FOR PARTIAL CUSTODY Defendant, DAVI IT. TATE, Plaintiff on the Counterclaim, files the following qounterclaim against Plaintiff, G. SCOTT I LAW OFFICES BRUGIER & LEVIN LEWISTOWN, PA, TATE, Defendant on the Counterclaim, and respectfully represents as follows: 9. Admitted in part, denied in part. More specifically Paragraphs 1 through, 8 have been respectively admitted, denied, or denied in part above in Paragraphs 1 through 8 of Answer to Complaint for Divorce. 10. Admit ted. 11. Admitted. 12. Admitted. 13. Admitted. 14. Admitted. 15. Admitted. 16. Denied, in the father on a whim 17 . Admitted. that Defendant has not kept the child from COUNTERCLAIM - CfMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR i3301(d) OF THE DIVORCE CODE COUNT ONE 1. Plaintiff o~ the Counterclaim is DAVI T. TATE, who currently resides at Kenray Avenue, Apt. N-3, Dover, PA 17315, since June 30, 1993. 2. Defendant o~ the Counterclaim is G. SCOTT TATE, who currently resides at R. D. 1, Box 201B, Ferguson Valley Road, Lewistown, PA 17044. 3. Both Plaintiff on the Counterclaim and Defendant on the Counterclaim have be n bona fide residents in the Commonwealth of Pennsylvania for at east six (6) months immediately previous to the filing of this C~mp1aint. 4. Plaintiff o~ the Counterclaim and Defendant on the Counterclaim were matried on July 27, 1985, at Juniata Terrace, Mifflin County, Penn$ylvania. 5. There have ~een no prior actions of divorce or for annulment of marriag$ between the parties except NONE. 6. The marriag~ is irretrievably broken. LAW OFFICES BRUGLER & LEVIN LEWISTOWN, PA, 7. The Plaintiff on the Counterclaim has been advised that counseling is available and that the Plaintiff on the Counterclaim may hav~ the right to request that the Court require the parties to participate in counseling. 8. The date of final separation of the parties is June 29, 1993. 9. Plaintiff o~ the Counterclaim requests the Court to enter a Decree in Di~orce. WHEREFORE, P1ai~tiff on the Counterclaim, DAVI T. TATE, requests your Honora 1e Court to enter a Decree in Divorce divorcing said Plain iff on the Counterclaim from Defendant on the Counterclaim, G.' SCOTT TATE. COUNT TWO EQUITABLE DISTRIBUTION 10. Paragraphs ~-9, inclusive, of this Counterclaim are incorporated herein py reference as if fully set forth. , 11. Plaintiff op the Counterclaim and Defendant on the Counterclaim have le~a11Y and beneficially acquired both real and personal property du ing their marriage from July 27, 1985, until their final separati n. 12. Plaintiff 0 Counterclaim have be division of said pro substantial portions control of the Defen the Counterclaim and Defendant on the n unable to agree as to an equitable erty to date of this Counterclaim, and of said property are in the exclusive ant on the Counterclaim. 13. Plaintiff on the Counterclaim requests the Court to equitably divide a111marita1 property and to enjoin Plaintiff on the Counterclaim and, Defendant on the Counterclaim from the removal, disposition~ alienation or encumbrance of all real and personal property oflthe parties. 14. An inventort and appraisement shall be filed within 90 days after service 0+ this pleading and Defendant on the Counterclaim is requtsted to also file an inventory and appraisement, all as per Pa. R.C.P. 1920.33(a). WHEREFORE, P1aiitiff on the Counterclaim requests your Honorable Court to e uitab1y divide, distribute or assign the marital property bet een the parties, all as per Sections 401- 404, inclusive, of t,e Pennsylvania Divorce Code. , I LAW OFFICES BRUGLER & LEVIN LEWISTOWN. PA, COUNT THREE CUSTODY 15. Paragraphs 1-14, inclusive, of this Counterclaim are incorporated herein by reference as if fully set forth. 16. Plaintiff on the Counterclaim seeks custody of the following child: NAME PRESENT RESIDENCE AGE GREGORY DAVID TATE Kenray Avenue, Apt. N-3 : Dover, PA 17315 2 yrs. The child was not born out of wedlock. The child is presently in the custody of Plaintiff on the Counterclaim, who rtsides at Kenray Avenue, Apt. N-3, Dover, PA 17315. , During the past two (2) years, the child has resided with the following persofs and at the following addresses: (LIST ALL PERSONS) (LIST ALL ADDRESSES) (DATES) G. SCOTT TATE 125 Terrace Blvd. Juniata Terrace Lewistown, PA 17044 Birth to October, 1992 G. SCOTT TATE and DAVI T. TATE R.D. 1, Box 201B Ferguson Valley Rd. Lewistown, PA 17044 October 1992 to 6/29/93 BRIAN YOUTZY and DAVI T. TATE Kenray Avenue, Apt. N-3 Dover, PA 17315 6-29-93 to present The mother of ~he child is DAVI T. TATE, the Plaintiff on the Counterclaim, c rrently residing at Kenray Avenue, Apt. N-3, Dover, PA 17315. S e is married to Defendant on the Counterclaim. The father of ~he child is G. SCOTT TATE, the Defendant on the Counterclaim, c4rrently residing at R.D. 1, Box 201B, Ferguson Valley Rd.~ Lewistown, PA 17044. He is married to Plaintiff on the C04nterc1aim. , 17. The re1ati~nshiP of Plaintiff on the Counterclaim to child is that of mo her. The Plaintiff on the Counterclaim currently resides w'th the following persons: the LAW omcES BRUGLER & LEVIN LEWISTOWN, PA, NAME RELATIONSHIP BRIAN YOUTZY Paramour 18. The relationship of Defendant on the Counterclaim to the child is that of father. The Defendant on the Counterclaim currently resides with the following persons: NAME RELATIONSHIP NONE 19. Plaintiff on the Counterclaim has not participated as a party or witness or !n another capacity, in other litigation concerning the cust01y of the child in this or another court. I Plaintiff ~n the Counterclaim has no information of a custody proceeding c~ncerning the child pending in a court of this Commonwealth. . Plaintiff tn the Counterclaim does not know of a person not a party to the p oceeding who has physical custody of the child or claims to hve custody or visitation rights with respect to the child. 20. The best i terest and permanent welfare of the child will be served by gr nting the relief requested because: Plaintiff on the Cou terc1aim is the natural mother, the child have resided with he since birth and there will be the least disruption of the ch ld's life if he remains with Plaintiff on the Counterclaim. P aintiff on the Counterclaim has and will continue to maintaint'the child in the manner to which he is accustomed. P1ainti f on the Counterclaim will continue to provide a good home or the child. Plaintiff on the Counterclaim otherwise should be ranted custody. 21. Each parenl whose parental rights to the child have not been terminated and he person who has physical custody of the child have been name as parties to this action. All other persons, named below! who are known to have or claim a right in custody or visitatio of the child will be given notice of the pendency of this act on and the right to intervene: none WHEREFORE, Plai~tiff on the Counterclaim requests your Honorable Court to gtant custody of the child, aforesaid, to her. 22. herein by ALIMO* I I Paragraphs I 1-21 reference ,S if COUNT FOUR PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES of this Counterclaim are incorporated fully set forth. LAW OFFICES BRUGLER & LEVIN LEWlSTOWN, PA, 23. Plaintiff on the Counterclaim has employed counsel, but is unable to pay the necessary and reasonable counsel fees for said counsel. A copt of the fee agreement with counsel is attached hereto, incQrporated herein and marked Exhibit A. 24. Plaintiff ~n the Counterclaim is unable to sustain herself during the course of this litigation and is presently unemployed. Plainti~f on the Counterclaim may also need adequate health and hospita1i~ation insurance. 25. Plaintiff ~n the Counterclaim is in need of an award of reasonable counsel f~es to assist in the prosecution of this Divorce and related atters, and to maintain the said Divorce action and related m tters, especially in light of Defendant on the Counterclaim's s perior resources. 26. Plaintiff in the Counterclaim may retain various exper s, such as accountants and/or appraisers, a d cannot reasonably do the Court directs re sonab1e expenses to be the Counterclaim. also be required to and/or actuaries so unless and until paid by Defendant on WHEREFORE, P1ai~tiff on the Counterclaim requests your Honorable Court to e~ter an award of alimony pendente lite, interim counsel fees~ costs, and expenses, and, thereafter, such additional sums as t~ey may become necessary from time to time until final hearing, land, thereupon, award such additional counsel fees, costs 4nd expenses as deemed appropriate. ~r~-(J~rlL DAV T. TATE Defendant as regards the Answer and Plaintiff on the Counterclaim ORRIS C. KNEPP, III Attorneys for Davi T. Tate Dated: August~, ~993 LAW OFFICES BRUGLER & LEVIN LEWISTOWN, PA, VERIFICATION I verify that the statements made in this Answer and Counterclaim are tru$ and correct. I understand that false statements herein ar$ made subject to the penalties of 18 Pa. C.S. Sec. 4904, relating to unsworn falsification to authorities. \;)(\~ -"\.-\~ DAVI T. TATE - Defendant as regards the Answer and Plaintiff on the Counterclaim BRUGLER AND LEVIN ~ --=' ~~ - , ORRIS C. KNEPP, III Attorneys for Davi T. Tate Date: August ~, 19?3 LAW OFFICES BRUGLER & LEVIN LEWISTOWN, PA, IN THE COURT OF COMMON PLEAS OF MIFFLIN COUNTY, PENNSYLVANIA CIVIL ACTION - LAW G. SCOTT TATE, CIVIL ACTION NO. 1065 of 1993 Plaintiff vs. IN DIVORCE DAVI T. TATE, DefetJ,dant PROOF OF SERVICE I hereby certify that I am this day serving the foregoing document upon the p~rsons and in the manner indicated: By mailing the same by united State first class mail, deposited at Lewistpwn, PA, postage prepaid, this date to the address of P1aintif~/Defendant on Counterclaim's attorney of record, as follows: Randall Zlimmerman, Esq. 119 W. Malrket Street P. O. Box 591 Lewistow~, PA 17044 Attorney Ifor G. Scott Tate P1aintiff!lDefendant on the Counterclaim Dated: August~, ]993. BRUGLER & LEVIN By~~- Attorneys for Davi T. Tate Defendant/Plaintiff on the Counterclaim 10 South Wayne Street P.O. Box 870 Lewistown, PA 17044 Telephone: (717) 248-4971 LAW OFFICES BRUGLER & LEVIN LEWISTOWN. PA. rzl p:: Q rz. P::O 0 0 ..:e rzl U H PI ~ U) ~ 'tl rzl Ie ..:e rzl - U U) rzl ~ U P:: :E: I H ~ J P:: .-I 0 PI :>< 4-l 0 0 :> H U) H 4-l J Q:> M H ..:e 1 e ... i ~ ..-1 M Q H ~ I .jJ ~::l u .J.!: ~ rzl s::: P:: rzl Q ,,; Ji ... PI S ..-1 p::Z 0 ~ ~ ... rzl ~; co I 0 III li-l rzlH E-t ~ ~ U H .-I ~ ~:E: ~ ..:e ~ ~ E-t PI M U rz. ti ~ rz. u 0"1 U)H 0 H = - rzl 0 0 ~ ..:e , 0"1 ~..:e .-I ~ rzl . .-I H 0 ~ P:: 111~ 5 ~ ~ 0 H E-t 1Il rzl U M \D ~ U H ..:e :> ~ 4-l P:: M - Q (J.~ ~ => :> E-t 0 rzl rzl ~ ~ ':j;;l~ 0 0 Z H E-t U E-t Z ..:e :~i! ~ Eo< U H U E-t U"l ~ ~ 0 - '" H E-t . \D H ~ rzl rz. 0 E-t 0 :> 0 E-t .-I :J:: rz. u .-I H U U 0 8 H U) H Q rzl M :.: ~ . U) M Z . 0 Z I-~ t!l 0 Z H ./ IN THE COURT OF COMMON PLEAS OF MIFFLIN COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE G. SCOTT TATE, Plaintiff No.-l065 of 1993 vs. DAVI T. TATE, Defendant AFFIDAVIT OF SERVICE , 1993, comes Randall E. zimmerman, ESquire, pursuant to the pruvisions of pa.R.C.P. No. '12 and deposes AND NOW, AUqust 20 and says that he is a dompetent adult who represents the Plaintiff in the above captioned divorce proceedings. and that on behalf of said Plaintiff he did serve the Divorce complaint in said proceedings on the Defendant named therein, Davi T. Tate, by forwarding a true and correct copy thereof to her by certified Mail, Return Receipt Requested, Restricted Delivery to Addressee only, posted at the LewistOWU post Office on August 1', 1993, receipt aud returu receipt for said mailing being attached hereto and, by this reference, incorporated herein. /,,/~~ Sworn and subscribed to before me this 20th day of AUqust , 1993. Vie .~ ~ l FIt t.-O . ,"- :.l1i COUNTY NoCilJlaI Seal SIllY A. -merger, NolBIY P\dC F'aylIIjS-T~., >>laIa <>>.rtY My Q;..,miwio!. EJCPirllS Mard'19, 1996 ~ofNc:AariilS AUG ZO 3 01 PM '93 ~ cSO 0&& 539 , Rece\pt tor cert\ned Ma\\ . No Insurance coverage provided 00 not use lor InternatiOnal Mail (See Reverse\ $ .52 1.00 2.50 1.00 5.02 o o Cl) ('1)1 t l.\- t , -. ,..." -.- r... O,:t: U)H Z ,:t:Z < ~::; ~ HH li-l .jJ u :1: ll<>< li-l ~ ~ a: ~ zU) ~ ..-1 III I&J oZ CJ .jJ 'd :1: ~ ~ ~ ~ ~~ p::; ..-1 OJ en :1: ~ III li-l III Oll< .-l OJ r... N 0: CJ ~ H ll< 0 0 9 r...>< OM c(l -' 0\ E-4 w o Eo! 10\ III H Z z Z .-l ~ ~ ~ :J Eo! 0 Z Eo! ~ 0 0 p::;O Oli-l ,:t: Q a: 0 oCJ H 0 Eo! H a: Oz Eo! r... CJH CJIJ) Eo! ~ < ,:t:\O Eo! III . m ~H 0 0 ::- Eo! 1I::r... H.-l CJ Eo!r... H U) H H :> . ~ Z::':: H 0 . H CJZ t!l 01 ,~ . . , 119 WEST MARKET STREET L~WISTO~N, PA 17044 1717) 248.5479 BARRON & ZIMMERMAN WASHINGTON & ORANGE STS. COUNSELLORS-AT-~W . . MIFFLlNTOWN, PA 17059 (717) 436"-8221 tr"'l <rJrJ' >- - f- :::;c :z: wa:: NOT~CE TO DEFEND AND CLAIM RIGHTS 02 N w.J c' ,., You have been su~. d in Court. If you wish to defend agatnft ~e c1a~ms set forth in t e fo110~ing page~, you must take prompt ~: ~ act~on. You are warn d that ~f you fa~l to do so, the case ma~: proceed without you ~d a Decree Of Divorce or annulment may be ~ entered against you the Court. A judgment may also be entered against you for any ther claim or relief requested in these papers by the Plaintiff. Y u may lose money or property or other rights important to you, in91uding custody or visitation of your children. When the groundlfor a divorce is indignities or irretrievable breakdown of the mar*iage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at Mifflin County 2([> North Wayne L~wistown, PA , Courthouse Street 17044 IF YOU DO NOT FtLE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPE SES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIG T TO CLAIM ANY OF THEM. YOU SHOULD TAKE I THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER ORb' CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BEL W TO FIND OUT WHERE YOU CAN GET LEGAL HELP. J6dge's Secretary Jiudge's Chambers ~iff1in County Courthouse ewistown, PA 17044 717) 248-4613 :;r:~ ~=tX: >~ LI~ 1:0 '.f) ",,0 t'I,!'~ :-.,'';:C \.i~; ~_ .,,\""J "0:: , :"'- IN THE COURT OF CO$MON PLEAS OF MIFFLIN COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE G. SCOTT TATE, p1alintiff NO.' /0(;6 of 1993 vs. DAVI T. TATE, , Deflendant ~~LAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE COUNT ONE DIVORCE 1. Plaintiff is G. Scott Tate, who currently resides at R.R. 1, Box 201-B, Leo/istown Post Office, Derry Township, Mifflin County, Pennsylvania., 2. Defendant isl Davi T. Tate, who currently resides at Apartment No. N-3, Kepary Avenue, Dover Post Office, York County, Pennsylvania. 3. Plaintiff a~d Defendant have been bona fide residents in the commonwealth foriat least six months immediately previous to the I filing of this Comp1~int. 4. The Plaintiff and Defendant were married on July 27, 1985, at Lewistown, Miff1i~ County, pennsylvania. 5. There have ~een no prior actions of divorce or for annulment between the parties. I 6. The marriag~ is irretrievably broken. 7. plaintiff ~as been advised of the availability of , counseling and that Ihe may have the right to request that the Court , require the parties tb participate in counseling. 8. plaintiff requests the Court to enter a Decree of Divorce. COUNT TWO IREQUEST FOR PARTIAL CUSTODY 9. Paragraphs Qne (1) through eight (8) inclusive, are incorporated herein ~y this reference thereto. 10. plaintiff ~eeks partial custody of the following child: Gregory D. Tate, whose date of birth is March 21, 1991. The child was not born out of wedlock. The child is presently in the custody of Defendant, who resides as set forth above. During the pas~ five years, the child has resided with the following persons and at the following addresses: (a) with plaintiff and Defendant, at 125 Terrace Boulevard, Juniata Terrace, Mifflin County, pennsylvania, from March 21, 1991 through October, 1992; (b) With plaintiff and Defendant, at R.R. 1, Box 201-B, Lewistown' Post Office, Derry Township, Mifflin County, pennsylvania, from October, 1992 through June 29, ,1993; (c) with Defendant and Brian Youtzy, at Apartment No. N-3, Kenary Avenue, Dover Post Office, York County, pennsylvania, from June 29, 1993 through the present. The mother of the child is Defendant, who currently resides as set forth above. She is married. The father of the child is plaintiff, who currently resides as set forth above. - ._.,_.I-.~~.,_..~_'- ~-~...._.~,.- ,'- ;'" 1 " r.. o~ ooH Z .;:C~ ~:> HH Po.>< ZOO oZ ~~ o Po. U , r..>< 08 Z 8P p::o pU Oz UH ~H p::r.. 8r.. H Z::E: H ':o- r .')~ I__~ '~ J a 7 - .:? iJ :1.. mJ c.J ~ U p:: o :> HM C1CT1 CTI 10-1 Z~ 00 H 8 U ~ H H :> . H 0 UZ ~ 8 ~ 8 8 8 o U 00 . ~ ,~ 1 ~jf ~J;1 ~ ~ -,-i +J s:: -,-i III .-I Po. Ul :> . 8 \) () l' "t>>- ~ If-< ~ H ~ CI , ~ . <l \) - cl t' ~ - -t:,.. +J s:: III 'tl s:: <I) ~ <I) CI ~ ~ -, ~ '1 ~ ~~ ~ ~ ~ H r:l Z H s:: -,-i ..c:: :>.. +J III .,-i S o ~ <I) +J U+J +J.,-i s:: 'tlS:::><I) <I),,-i l-i S -,-i III <I) tyl ~.-I Ul 'tl . ,,-i a. ;:l;:l +J S S.n 0 000 :>.. S::Ul-i+J ~.-I+J <I) :>....c:: ;:l Ul +J ..o+JUllllS:: III <I)-,-i :>"~-,-i 8 l-i ~ III <I) III <I) 'tl 'tl tyl ..c:: <I) III 8 ..c::~lll <I)+JO 'tl ',-i l-i N l-i <I) :> 1ll0-0l-i III +J <I) CI ;:l :>..~ +J 0'tl+J0S:: >< III s:: <I) <I) .. <I) <I) l-i o .-I~<I)<I) 8 a.+J..c::..o ~ H ~ ~ U ~ :>.. a:l Ul tyl s:: -,-i ..c::'tl +Jill .-1(1) lll.-l <I) a. ~ ~ .. 0 S::.-I+J a:l 0.-1 s:: ~ III ~ 0 o <I) . Ul-i<l) (1)..0 <I)..c:: ..c::~.-I +J .-I III III S::.,-i ..c:: -,-i s:: Ul ..c::lll +J:>Ul .,-i.-l <I) ~ :>.. U Ul.,-i UlS::+J Ul s:: 0 <I) <I) s:: l-iPo. 'tl 'tl 'tl~s:: ~Olll 0-1 CTI ll) Po.~ ~ '0 . r-- +Jo-I 00 +J~ <I) Po. ~ l-i ' III s:: ::E: ~ o .+J :3: Ul .,-i CTI~ 0-1(1) o-IH z < ~ ~ ~ ~' ~ ~ III 0: N 9 l(l iil III Z ~ 00 0: 0 0: < m Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ,,:.I._cO; G, SCOTT TATE, v, NO, DAVI T. YOUTZY, IN CUSTODY Defendant PETITION FOR MODIFICATION OF CHILD CUSTODY ORDER AND NOW, comes the Plaintiff, G. Scott Tate, by and through his attorney, Michael A Scherer and respectfully represents as follows: 1, The Plaintiff is G, Scott Tate (hereinafter referred to as "Father"), an adult individual who resides at 12628 Ferguson Valley Road, Lewistown, Mifflin County, Pennsylvania, 2. The Defendant is Davi T. Youtzy (hereinafter referred to as "Mother"), an adult individual who resides at 16 Montsera Road, Carlisle, Cumberland County, Pennsylvania. 3, On January 29, 1999, the Court of Common Pleas of Mifflin County, Pennsylvania entered an Order directing that the parties would have shared legal custody of the minor child, Gregory Tate, whose date of birth is March 21, 1991. Primary physical custody was awarded to Mother with periods of partial physical custody awarded to Father. A copy of the Order is attached hereto. 4, Father believes and avers that it is in the child's best interests that Father have primary physical custody, Because the minor child is a boy, Father believes that it is important for the child to spend his adolescent years with his Father. 5. The child is active in sports-baseball, football and basketball, and Father has also been involved with sports throughout his life, Father believes that he is better able to provide support with and to guide and direct his son in sporting activities. 6, The child has been in the same school from K-5, Next year will be a good time for a transition in custody because the child will be attending a new school for the 6th grade year. 7, Father believes that he is better capable fo providing his son with the type of upbringing-educational and moral that an adolescent boy needs. Father can provide a healthy home with a nuclear family in an atmosphere where the child will develop and th rive. WHEREFORE, it is respectfully requested that this Honorable Court schedule a hearing, take testimony and enter an Order awarding Father primary physical custody of the minor child. Respectfully submitted, O'BRIEN, BARIC & SCHERER ~~ Michael A. Scherer, Esquire 1.0, # 61974 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas,dir/domestic/custody/tate,mod e3/e5/2662 15:15 7172495755 DES LAW OFF I CE PAGE 65 VERIFICA TlOtj The atlltements in the foregoing Petition For MOdification Of Child Custody Order are baud upon Information which haa been as!lembled by my attorney in this litigation, The langUlge ofthe lltlItements la not my own. I have read the statements; and to the extent thllt they are based upon Information which I halle given to my counsel, they are true and correct to the beat of my knowledge, Information and belief. I understand that fal.. _temente herein are made subject to the penalties of 18 Pa,C.S. ~ 4904 relating to unsworn faltlftcatlon. to authorities. DATE: 3-t,- O~ b:54l-cI- G, Scott Tate .... ~, : IN THE COURT OF COMMON PL.EAS OF MIF'FL.IN COUNTY, PENNSYLVANIA G, SCOTT TATE, Plaintiff Civil Action No, 1 065 of 1993 VS, OAV!;, YOUTZY, Defendant IN CUSTODY ORDER NOW, January 29, 1999, after custody conference held this date, and upon agreement of the parties, the Court enters the following: 1, G. SCOTT TATE and DAVI T, YOUTZY shall both have the legal right to make major decisions affecting the best interests of their minor child, GREGORY TATE, including but not limited to medica!, religious, and educational decisions. Each parent shall be considered to be a custodial parent and each shall have ,he right to access all information concerning these matters including all hospital, doctor, and school records, 2, Primary physical custody of GREGORY TinE shall be in his Mother, DAVI T. YOUTZY 3. Partial physical custOdy of GREGORY TATE shall be in his Father, G. SCOTT TATE. as follows: . , ... a,j durmg the school year e',ery other weekend, when the parties will meet at MeDor-alds in Newport, Pennsylvania on Friday at 5:00 p,m. and on Sunday at 5:00 p,,,, to exchange the child, If fatner misses '1is weekend or a"y portion thereof because of the child's extracurricular act!vities, the el<act amount of time that has been lost by Father shail be made up, The make-up time shall be the foilowing weekend. if mutually agreed upon between the carties, Otherwise the lost time shall be made up at the earlies: possible time that is mutually agreeable between the parties, If Father takes advantage of his full weekend from Friday at 5:00 p,m, until Sunday at 5:00 p,rn, ana if the child has an extracurricular activity during that time Father shall see to it that the child attends his activity unless Father has some special plans to take the child out of t::own or otherwise take the child to a speciaily scheduieo event such as a family wedding, ,reunions. and the like, If such a special event eXIsts Father shall give reasonable noHication to Mother of the scheduled event. b,j during the school vacation, three (3) out of four (4) weekends per month from 600 p,m, Frida/ ui"ltil 6:00 p,m Sur,day; c,) witt': 24 (TWENTl' -FOUR) hours notice to the Mother, dJring the SL:mmer months Father may exercise a period of partial custody one day ;>er week in Carlisle, Pennsylvania, and durirg the schcol year, with 24 (TV"ENTY-FOUR) hours notice, Father may exerc;se a period of partial custody in Carlisie when Father is attending his son's activities there; d,) for a period of three (3) non-coi"lsecutive weeks with 30 (THIRTY) days prior notice to the Mother, It is ;tjnticioated that more often thaI" not said three (3:1 weeks will be exercised by the Father during the summer, however, the Court reccgnizes that the parties have in the past arranged extended periods of custody during the school year tc prOVide for family trips Further, a reasonable extensicn of the seven (7) day period for an additional day or two '",iil nm be urreasonatly dei"lied upon good cause showi"l; e,) Father shall have custody in cdd nurr:bered years on the following holidays: New Years Day, Memorial Day, and Labor Day. Custody shall commel"ce at 5:00 p,m, the day before the holiday and shalJ end at 8 00 p,m, the day of the holiday; , ~ . ; ) Father shall have custody in even numbered years on the following holidays: Easter, Independence Day, and Thanksgiving, Custody shall commence at 5:00 p.m, the day before the holiday and shall end at 8:00 p.m, the day of the hOliday; g.) In 1999 and in odd numbered years thereafter. Father shall have custody from 5iOO p,m, December 25th until 8:00 p,m, December 27th; h,) In 2000 and even numbered years thereafter, F~ther shall have custody from 5:00 p.m December 23rd until 5:00 p,m. December 25th; i.) Each year on the first day of Trout Season, Should that " Saturday fall on Mother's alternate weekend, Father shall trade one of his weekends to the Mother in exchange for this period of custody; j,) When Father's alternate weekend immediately precedes the first day of antlered deer season, Father's weekend shall extend to 6:00 p,m, on that Monday, The Court anticipates that the parties may modify this arrangement to accommodate the best interests of the child when the child becomes lawfu!ly old enough to hunt and indicates a desire to do so. k,) Each Father's Day weekend from 6:00 p.m. Friday until 6:00 p.m, Sunday; 4, Mother shall have custody in odd numbered years on the follow!ng holidays: Easter, Independence Day, and Thanksgiving, Custody shall commence at 5:00 p,m, the day before the holiday and shall end at 8;00 p.m, the day of the holiday. 5. Mother shall have custody in even numbered years on the fallowing holidays: New Years Day, Memorial Day. and Labor Day, Custody shall commence at 5:00 pm, the day before the holiday and Shall end at 8:00 p,m. the day of the holiday, 3 . - 6. Mother shall have custody each Mother's Day weekend from Friday at 6:00 p,m, until Sunday at 6:00 p,m, 7, Each parent shall have reasonable phone contact with their chiid, (8:00 a.m, through 9:00 p,m.) 8. Each of the parents shall insure that any medications for the child shall accompany the child to and frcm visits, 9, Mother shall advise Father of all school activities, athletic activities, health decisions, and the like. 10. Ail health care providers and school officials may answer any questions of either Parent or may provide copies of any records pertaining to GREGORY TATE which are requested by either Parent. 11. Upon agreement of the parties and with the appropriate authorizations as required by the Carlisle Schooi District, Father may on occasion be permitted to pick GREGORY TATE up at school. 12, During all weekend periods of custody, during make-up times of custody, as well as Mother'S Day, Father's Day, the first day of Buck Season. Bnd the first day of Trout Season, the parties shall exchange custody at the McDonald's in Newport, Pennsylvania, 13, During all other holidays and extended week long vBcation periods, Father shall pick the child up at the beginr.ing of his period of custody, and Mother shall pick the child up at the end of Father's periOd of custody 4 .......... -' . 14, The parties shall endeavo' '10 accomplish the exchange of custody in a prompt manner according to the times set forth in this .order Should either party be consistently late (La, 20 minutes or more and 3 times or more) a request for sanctions will be entertained by the Court, 15, All communications having to do with custody issues, including but not limited to the determination of primary custody and or arrangements for transportation under the provisions of this Order shall take place between G, scon - TATE and DAVi T. YOUTZY, At no time shall GREGORY TATE be used as a messenger for any reason, 16. The specific provisions of this Order found at 3e, 3f, 3g, 3h, 3k, 4, 5. and 6 shall take precedence over the general provisions of this Order, 17, The child shall not sleep in the same room with the Youtzy's house guest, Khalid AI Bulaihed, BY THE COURT, ~.,~ TIM~EARER PRESIDENT JUDGE c: Claire Kimmel, Esquire Orris C. Knepp, III, Esquire File 5 CERTIFICATE OF SERVICE I hereby certify that on March 7 , 2002, I, Jennifer S, Lindsay, secretary to Michael A. Scherer, Esquire, did serve a copy of the Petition For Modification Of Child Custody Order, by first class U,S, mail, postage prepaid, to the party listed below, as follows: Rebecca Hughes, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, Pennsylvania 17013 4mt"~tL~ >- U) ~ c: f>~ ~.~ c.:' ( ) en z ~ ~5<( \J'. () 7~ ~ .."~- ~'-" ~.~ .. ...:: -,",:- "" ");-1 ~ '" , co ~ '" ,,:- ~:,') , I ("i~~~ t- .... L,. , n'~ n ",.,' ~:;'l LLJ , t' "",- .::,<1.. ~ ~ J ^. ~" _2: C) :,~ c:) 0 PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA G, SCOTT TATE v, 02-901 CIVIL ACTION LAW DA VI T. YOUTZY DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, March 19, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M, Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, March 27, 2002 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order, All children age five or older may also be present at the conference, Fai]ure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing, FOR THE COURT, By: Isl Tacqueline M, VernlO" Esq(yt^ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of ]990, For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office, All arrangements must be made at least 72 hours prior to any hearing or business before the court, You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TOYOURATIORNEY AT ONCE. IF YOU DO NOT HAVE AN ATIORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Cumberland County Bar Association 2 Liberty Avenue Carlis]e, Pennsylvania 17013 Te]ephone (717) 249-3166 '~~ P ~~~? fc?-CJ?:,,[' ~ Ie z ~ ~u, eCl-~[' _. ~ ~ ~ ~ -~ C"V'-(Z?E' ~~ ' lfiNlil\lASNN3d ALNWY) (l"rnH:if311nJ ZS:f1i,pJ OZ~N!aO ~o APR 0 3 2002 ') .. G. SCOTT TATE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW DAVIT. YOUTZY, Defendant : NO, 2002-901 CIVIL TERM : IN CUSTODY ORDER OF COURT AND NOW, this f"/' dayof~'":/ ~ ,2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1, A Hearing is schedul}:d in Court Room No,..5' , of the ~berland County Court House, on the ~ay of Uu 1IItt! , 2002, at : ~O 0' clock, a. M., at which time testimony will be taken. For purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony, Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date, 2, Pending further Order of Court or agreement of the parties, the prior Order of Court ofthe Honorable Timothy S, Searer, President Judge of Mifflin County dated January 29, 1999 shall remain in effect. J, 0 c::> 0 C N il :s:: ". -OCt',] ..,,, ::.2 ~g:i :xJ me: I ...]("n (Ii -,jl:::::J ~", '~-~ (:) "". co -u !"'."-i ~ ~ o:!J ZO ~ ZC) ~o r:- (3m C -,-I Z ~ :::;! 0 cc: Michael A. Scherer, Esquire, counsel for Father> ' Rebecca Hughes, Esquire, counsel for Mother ~ ~ 4- r-- o.:J- 9-- G, SCOTT TATE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW DA VI T. YOUTZY, Defendant : NO, 2002-901 CIVIL TERM : IN CUSTODY PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: L The pertinent information concerning the Child who is the subject ofthis litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Gregory Tate March 21, 1991 Mother 2. A Conciliation Conference was held April 2, 2002 with the following individuals in attendance: The Father, G. Scott Tate, with his counsel, Michael A. Scherer, Esquire, and the Mother, Davi T. Y outzy, with her counsel, Rebecca Hughes, Esquire, 3, A prior Order of Court, dated January 29,1999 was entered by the Honorable Timothy S, Searer, President Judge of the Court of Common Pleas of Millin County, That order provided for shared legal custody, with Mother having primary physical custody and Father having periods of partial physical custody on alternating weekends during the school year, three out of four weekends during summer vacation, three (3) non consecutive weeks during the year and shared or alternating holidays. 4. Father's position on custody is as follows: Father lives in Lewistown, Millin County. Father seeks shared legal and primary physical custody, Father maintains that he is in a better position to guide his son educationally, morally and in his sports activities. Father believes the child should spend his adolescent years with his Father, Father believes since the child will transition into middle school next year, it would be a prime opportunity to transfer custody and switch school districts, 5. Mother's position on custody is as follows: Mother lives in Carlisle, Cumberland County, Mother believes that the existing custody arrangement has worked in the child's best interest. The child has attended the same school for kindergarten through fifth grade, He is well adjusted to his school; he is an AlB student, he participates not only in sports activities but music and the school play, He exhibits no behavioral problems. Mother believes the status quo should continue. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and continuing the prior Order of Court. It is expected that the Hearing will require one day, 4-2- -o'Y Date / 70, cqu neM. Vemey, Esquire ~ Custody Conciliator II G, SCOTT TATE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2002-901 CIVIL TERM DAVI T, YOUTZY, Defendant CIVIL ACTION-LAW IN CUSTODY ORDER OF COURT AND NOW, thistit!day of May, 2002, upon consideration of the within Motion For A Continuance, the request for a continuance is hereby granted, The custody hearing in this matter is hereby rescheduled to/J1()N/)til ,the jl.~ AlA.. day of Chc. /Y ,2002, atl I' (J(J ~n Courtroom No. 5... of the Cumberland County Courthouse, Carlisle, Pennsylvania, Edward E. Guido, J. Michael A. Scherer, Esquire O'Brien, Baric & Scherer 17 West South Street Carlisle, Pennsylvania 17013 Rebecca R. Hughes, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, Pennsylvania 17013 ~ tn\4,Q..L S/cr/02, ~ ,-f'. il I ,I G. SCOTT TATE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 2002-901 CIVIL TERM Plaintiff v. DAVI T, YOUTZY, CIVIL ACTION-LAW IN CUSTODY Defendant MOTION FOR A CONTINUANCE AND NOW, comes G. Scot Tate, by and through his attorney, Michael A Scherer, Esquire and respectfully represents as follows: 1, A custody hearing has been set in this matter for Wednesday, June 12, 2002 at 9:00 a.m, 2, G, Scot Tate, who is represented by Michael A Scherer, Esquire has tickets for he and his family to take a "Disney cruise" during the week of June 8-15, 2002, 3. Undersigned counsel therefore requests a continuance of the custody hearing in this matter. 4. Davi Youtzy is represented by Rebecca R. Hughes, Esquire, who is agreeable to the continuance. A copy of Attorney Hughes' April 16, 2002 letter is attached hereto as Exhibit "A" 5, Undersigned counsel and his client are presently available for a rescheduled hearing at any time this summer other than July 9th and July 10th. " -I 6. G. Scot Tate is requesting a change in the custody of his son and it is hoped that a hearing can be scheduled prior to the beginning of the 2002-2003 school year, WHEREFORE, undersigned counsel respectfully requests that the custody hearing in this matter be rescheduled to a time when both he and his client would be available, Respectfully submitted, O'BRIEN, BARIC & SCHERER {{€U~ ichael A. cherer, Esquire I.D, # 61974 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dir/domestic/custodyltate.mot LAW OFF!CES IRWIN McKNIGHT & HUGHES 'OOEll" "WIN MARCJS II, Uo/{NICHT. III J/lI#fS D, HUGHES 'UF.CCdIl, HUCHES MAII/C Do SCIIW"...l DOC;GL", G, ",,,,,tit WEST POMFRET PROFES$/ONAL BUILDING 60 WEST I'OMI'Rfl' $T/fEET CARUSLE, PENN$YLVANIA 17013-3222 (717/24902363 FAX (77 7J ~"'''354 E,MIIIL: IMHIA'll4SflN1INEr.COM IIIIMJU) S. "WIN 'IIlS-19lrJ HAMJU)S. "W1II.J1I, '''''''''fJ 1llWIN. "wtll.I'WIN ,mlf.II/f/Aj 1llWIN. 1__ .lkXNIGHT "S/II4.,fWJ "WIN. M.KMOrrr<< ",'GIlES (flU. J April 16, 2002 VIA FACSIMILE ONLY 249-57SS MICHAEL A. SCHERER, ESQUIRE O'BRIEN, BARIC & SClfERER 17 WEST SOUTH STREET CARLISLE, PA 17013 RE: TATEv. YOUTZY Dear Mike: Pursuant to your letter dated April 12, 2002 requesting continuance of the healing set for June 12,2002, we are agreeable to this continuance, Very truly yours, IRWIN, McKNIGHT & HUGHES RRH:clc cc: Ms, Oavi YoutT.)' EXHIBIT "A" CERTIFICATE OF SERVICE I hereby certify that on May I , 2002, I, Jennifer S, Lindsay, secretary to Michael A. Scherer, Esquire, did serve a copy of the Motion For A Continuance, by first class U,S, mail, postage prepaid, to the party listed below, as follows: Rebecca Hughes, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, Pennsylvania 17013 ""t'r - n"/r'. 2:,"f Zi., S"J r' IF L. -/ ~ o c <" c::- t".) :'?: :ex.. ~-,< I r,,) , ::.,~) :.v Iv G. SCOTT TATE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vi. : NO. 2002-901 - CIVIL TERM DA VI T. YOUTZY, Defendant : IN CUSTODY MOTION FOR A CONTINUANCE AND NOW, comes the Defendant, Davi T, Y outzy, by and through her attorneys, IRWIN, McKNIGHT & HUGHES, and files this Motion for a Continuance, making the following statement: 1, A full custody hearing in this matter was scheduled before this Honorable Court for June 12,2002, On or about April 12, 2002, the attorney for the Plaintiff requested a continuance due to a scheduled vacation for his client. 2, On or about April 16, 2002, the Defendant, through her attorney, agreed to the continuance and this hearing was rescheduled for July 22, 2002, 3, Upon receiving notice of the new hearing date, the Defendant notified her counsel that she will be away on vacation on that day in Ocean City, Maryland; these plans for Ocean City, Maryland were made well before the summer began. 4, Counsel for the Defendant notified the counsel for the Plaintiff of this request for continuance, and counsel for the Defendant has not heard back from counsel for the Plaintiff, 5, The Defendant therefore, is requesting that this hearing be rescheduled to accommodate her vacation schedule as well as the Plaintiff's vacation schedule. WHEREFORE, the Defendant, Davi T, Y outzy, respectfully requests that this hearing be continued to a later date to accommodate both her schedule and the Plaintiff's schedule, Respectfully submitted, IRWIN, McKNIGHT & HUGHES Re ecca R. Hughes, Esquire Attorney for the Defendant 60 West Pomfret Street Carlisle, PA 17013 717-249-2353 Supreme Court I.D,: 67212 By: Dated: Ju1y.ifL 2002 e s.. -Ucu !;p n:: 4:.. :1.., 2:Ci:' O?~._ r>f, ~S{; Z.,' <'-C) ~S: :3 " o N o -"1 "-1 :!=, ::n i, r~' O!1rn '0 ;)(1.) ~.j'"1":, ''3 :[I ',' c- ( ~ ~5ril --f ~5 -< '- ~- 1= Cl -0 :Jl; :...;> (.J G. SCOTT TATE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 2002-901 CIVIL TERM DAVI T. YOUTZY, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 7th day of August, 2002, after hearing, it is hereby ordered and directed that all prior custody orders are vacated and replaced with the following: l. G. Scott Tate and Davi T. Youtzy shall both have the legal right to make major decisions affecting the best interests of their minor child, Gregory Tate, including but not limited to medical, religious, and educational decisions. Each parent shall be considered to be a custodial parent and each shall have the right to access all information concerning these matters including all hospital, doctor, and school records. 2. Primary physical custody of Gregory Tate shall be in his Mother, Davi T. Youtzy. 3. Partial physical custody of Gregory Tate shall be in his Father, G. Scott Tate, as follows: A. Every other weekend from 6:00 p.m. on Friday until 6:00 p.m. on Sunday. If the Father misses his weekend or any portion thereof because of the child's extra- curricular activities, the time missed shall be made up. The make-up times shall be the following weekend, if mutually agreed upon between the parties. Otherwise, the lost time should be made up at the earliest possible time that is mutually agreeable between the parties. If Father takes advantage of his full weekend, and if the child has an extracurricular activity during that time, the Father shall see to it that the child attends his activity unless Father has some special plans to take the child out of town or otherwise take the child to a specially scheduled event, such as a family wedding, reunions, etc. If special events exist, Father shall give reasonable notification to Mother of the scheduled event. The exchange for said visitations shall continue to be at the McDonald's in Newport, as per the previous arrangement. B. With 24 hours notice to the Mother, during the summer months from the first week after school ends until August l5, 2002, Father may exercise overnight visitation with the child for up to three days each weekday. Provided, Father must make sure that the child gets to his extracurricular activities. Mother may exempt one of those weeks upon 30-day written notice to Father for the express purpose of a family vacation if she has one scheduled. c. For a period of three non-consecutive weeks with 30 days prior notice to the Mother. It is anticipated that more often than not said three weeks will be exercised by the Father during the summer; however, the Court recognizes that the parties have in the past arranged extended periods of custody during the school year to provide for family trips. Further, a reasonable extension of the seven day period for an additional day or two will not be unreasonably denied upon good cause shown. D. Father shall have custody in odd numbered years on the following holidays: New Years Day, Memorial Day, and Labor Day. Custody shall commence at 5:00 p.m. the day before the holiday and shall end at 8:00 p.m. the day of the holiday. E. Father shall have custody in even numbered years on the following holidays: Easter, Independence Day, and Thanksgiving. Custody shall commence at 5:00 p.m. the day before the holiday and shall end at 8:00 p.m. the day of the holiday. F. In 1999 and in odd numbered years thereafter, Father shall have custody from 5:00 p.m. December 25th until 8:00 p.m. December 27th. G. In 2000 and even numbered years thereafter, Father shall have custody from 5:00 p.m. December 23rd until 5:00 p.m. December 25th. H. The first day of Trout Season in odd numbered years. Should that Saturday fall on Mother's alternate weekend, Father shall trade one of his weekends to the Mother in exchange for this period of custody. I. When Father's alternate weekend immediately precedes the first day of antlered deer season, Father's weekend shall extend to 6:00 p.m. on that Monday. The Court anticipates that the parties may modify this arrangement to accommodate the best interests of the child when the child becomes lawfully old enough to hunt and indicates a desire to do so. J. Each Father's Day weekend from 6:00 p.m. Friday until 6:00 p.m. Sunday. 4. Mother shall have custody in odd numbered years on the following holidays: Easter, Independence Day, and Thanksgiving. Custody shall commence at 5:00 p.m. the day before the holiday and shall end at 8:00 p.m. the day of the holiday. 5. Mother shall have custody in even numbered years on the following holidays: New Years Day, Memorial Day, and Labor Day. Custody shall commence at 5:00 p.m. the day before the holiday and shall end at 8:00 p.m. the day of the holiday. 6. Mother shall have custody each Mother's Day weekend from Friday at 6:00 p.m. until Sunday at 6:00 p.m. 7. Each parent shall have reasonable phone contact with their child. (8: 00 a. m. through 9: 00 p. m.) 8. Each of the parents shall insure that any medications for the child shall accompany the child to and from visits. 9. Mother shall use her best efforts to advise Father of all school activities, athletic activities, health decisions and the like. lO. All health care providers and school officials may answer any questions of either parent or may provide copies of any records pertaining to Gregory Tate which are requested by either parent. 11. The Carlisle School District is directed to provide Father with copies of the child's report card, progress reports, and notices of all upcoming activities in accordance with their policy. If this means Father must provide self-addressed stamped envelopes, so be it. 12. Upon agreement of the parties and with the appropriate authorizations as required by the Carlisle School District, Father may on occasion be permitted to pick Gregory Tate up at school. l3. During all weekend periods of custody, during make-up times of custody, as well as Mother's Day, Father's Day, the first day of Buck Season, and the first day of Trout Season, the parties shall exchange custody at the McDonald's in Newport, Pennsylvania. l4. During all other holidays and extended week long vacation periods, Father shall pick the child up at the beginning of his period of custody, and Mother shall pick the child up at the end of Father's period of custody. l5. The parties shall endeavor to accomplish the exchange of custody in a prompt manner according to the times set forth in this Order. Should either party be consistently late (i.e. 20 minutes or more and 3 times or more) a request for sanctions will be entertained by the Court. 16. All communications having to do with custody issues, including but not limited to the determination of primary custody and/or arrangements for transportation under the provisions of this Order shall take place between G. Scott Tate and Davi T. Youtzy. At no time shall Gregory Tate be used as a messenger for any reason. This Court shall retain jurisdiction. . By the Court, E. Guido, J. ) lcrpW> m~ Vgp-/-o:J. . { RX.s ~ichael A. Scherer, Esquire Attorney for Plaintiff ~becca R. Hughes, Esquire ~Attorney for Defendant Sheriff srs . . CLOC KE{) ItJ Aua. J~, ~oo~ ~~ Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA G, SCOTT TATE, V, NO. 2002-901 CIVIL TERM Defendant CIVIL ACTION-lAW IN CUSTODY DAVI T. YOUTZY, PETITION FOR SPECIAL RELIEF PURSUANT TO PA.R.C,P,1915,13 AND NOW, comes G. Scot Tate, by and through his attorney, Michael A, Scherer, Esquire, respectfully represents as follows: 1, The Petitioner is the father, G, Scot Tate (hereinafter "Father"), an adult individual residing at 134 Copper Lane, Reedsville, Mifflin County, Pennsylvania 17084- 2975, 2. The Respondent is the mother, Davi T, You!.'}' (hereinafter "Mother"), an adult individual residing at 16 Montsera Road, Carlisle, Cumberland County, Pennsylvania 17013-9317, 3, The parties are the natural parents of one child, Gregory D, Tate, born March 21,1991, age 14, 4, Presently, the parties are governed by a custc)dy order dated August 7, 2002, which is attached hereto as "Exhibit A", 5, Recently, Father learned that Mother was arre,sted for driving under the influence on for an incident that occurred on October 4, 2004, The criminal complaint is attached hereto as "Exhibit B." 6, This is mother's second driving under the influence arrest and mother's blood alcohol level was 0,179, 7, On July 20,2005, mother appeared before the Honorable Kevin A Hess and entered a plea of guilty to driving under the influence, a second offense for mandatory purposes carrying a mandatory penalty of ninE!ty (90) days incarceration, A copy of the Guilty Plea Colloquy is attached hereto as "Exhibit C," 8, Sentencing in this matter is set for October 118, 2005 as set forth in the Guilty Plea Order attached hereto as "Exhibit D," 9, Mother never notified Father of her arrest or plea of guilty, and Father only became of aware of this information second hand, 1 0, Mother has told Father that Mother has not told her husband about this arrest, conviction and impending jail sentence, 11, Father is concerned about the welfare of his son while Mother serves her mandatory jail sentence, 12. Father does not want the child starting school in the Carlisle School District and then possibly having to enroll in the Mifflin County School District midway through the school year. 13, The child is involved in both football and wrestling in school and a school change midway through the school year would cause substantial disruption in the child's academics and extracirricular activites. 14, Father wants primary physical custody of the child at this time pending further order of court, WHEREFORE, Father respectfully requests that this Court grant him primary physical custody of the child pending further order of court, Respectfully submitted, O'BRIEN, BARIC & SCHERER r4z<JJ/1/ Michael A Scherer, Esquire I.D, # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249..6873 mas.dir/domestic/tate/specialrelief,pet ,FROM: Ferguson Val]e~ Custom Homes ~8)~~/~~~~ ~~:~, I~~~_~~l~~ PHONE NO. 717 242 3103 Aug. 04 2005 12:26PM P1 VERIFICATION 1 verify that the l:llatements made in the foregoing Pe~ltion For Special Relief PUl"lJuant ic P::.~. C? 1/l15 14 arelrue and correct. I understand that false statemente herein are rno.J.. ;;..;j;:;;;t ~:: ~!':e ~..~allf.... rrf 18 1'8. C.S. S 4904, relating to unsworn falsification to Gutr.e~t!e9. DATED: August L, 2006 ~ ~~~C v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTy, PENNSYLVANIA 2002-901 CIVIL TERM G. SCOTT TATE, Plaintiff DAVI T, YOUTZY, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 7th day of August, 2002, after hearing, it is hereby ordered and directed that all prior custody orders are vacated and replaced with the following: 1, G. Scott Tate and Davi T, Youtzy shall both have the legal right to make major decisions, affecting the best interests of their minor child, Gregory Tate, including but not limited to medical, religious, and educational decisions, Each parent shall be considered to be a custodial parent and each shall have the right to access all information concerning these matters including all hospital, doctor, and school records, 2. Primary physical custody of Gregory Tate shall be in his Mother, Davi T. Youtzy. 3. Partial physical custody of Gregory Tate shall be in his Father, G, Scott Tate, as follows: A, Every other weekend from 6:00 p.m, on Friday until 6:00 p.m, on Sunday, If the Father misses his weekend or any portion thereof because of the child's extra- curricular activities, the time missed shall be made up. The make-up times shall be the following weekend, if mutually agreed upon between the parties, Otherwise, the lost time should be made up at the earliest possible time that is mutually agreeable between the parties. If Father takes "EXIiIBIT 4" advantage of his full weekend, and if the child has an extracurricular activity during that time, the Father shall see to it that the child attends his activity unless Father has some special plans to take the child out of town or otherwise take the child to a specially scheduled event, such as a family wedding, reunions, etc.' If special events exist, Father shall give reasonable notification to Mother of the scheduled event. The exchange for said visitations shall continue to be at the M'cDonald I s in Newport, as per the previous arrangement, B, With 24 hours notice to the Mother, during the summer months from the first week after school ends until August 15, 2002, Father may exercise overnight visitation with the child for up to three days each weekday, Provided, Father must make sure that the child gets to his extracurricular activities. Mother may exempt one of those weeks upon 30-day written notice to Father for the express purpose of a family vacation if she has one scheduled, C. For a period of three non-cons,ecutive weeks with 30 days prior notice to the Mother, It is anticipated that more often than not said three weeks will be exercised by the Father during the summer; however, thE! Court recognizes that the parties have in the past arranged extended periods of custody during the school year to provide for family trips. Further, a reasonable extension of the seven day period for an additional day or two will not be unreasonably denied upon good cause shown. D, Father shall have custody in odd numbered years on the following holidays: New Years Day, Memorial Day, and Labor Day, Custody shall commence at 5:00 p.m. the day before the holiday and shall end at B:OO p,m, the day of the holiday, E, Father shall have custody in even numbered years on the following holidays: Easter, Independence Day, and Thanksgiving. Custody shall commence at 5:00 p.m, the day before the holiday and shall end at 8:00 p,m, the day of the holiday. F, In 1999 and in odd numbered years thereafter, Father shall have custody from 5:00 p.rn, December 25th until 8:00 p,m. December 27th, G, In 2000 and even numbered years thereafter, Father shall have custody from 5:00 p,rn. December 23rd until 5:00 p.m. December 25th, H, The first day of Trout Season in odd numbered years. Should that Saturday fall on Mother's alternate weekend, Father shall trade one of his weekends to the Mother in exchange for this period of custody. I, When Father's alternate weekend immediately precedes the first day of antlered deer season, Father's weekend shall extend to 6:00 p,m, on that Monday. The Court anticipates that the parties may modify this arrangement to accommodate the best interests of the child when the child becomes lawfully old enough to hunt and indicates a desire to do so, J, Each Father's Day weekend from 6:00 p,m, Friday until 6:00 p,m, Sunday. 4, Mother shall have custody in odd numbered years on the following holidays: Easter, Independence Day, and Thanksgiving, Custody shall commence at 5:00 p,m, the day before the holiday and shall end at 8:00 p,m. the day of the holiday, 5, Mother shall have custody in even numbered years on the following holidays: New Years Day, Memorial Day, and Labor Day. Custody shall commence at 5:00 p,m, the day before the holiday and shall end at 8:00 p,m, the day of the holiday. 6, Mother shall have custody each Mother's Day weekend from Friday at 6:00 p,m, until Sunday at 6:00 p,m, 7. Each parent shall have reasonable phone contact with their child, (8:00 a,m, through 9:00 p,m,) 8. Each of the parents shall insure that any medications for the child shall accompany the child to and from visits, 9, Mother shall use her best efforts to advise Father of all school activities, athletic activities" health decisions and the like, 10, All health care providers and school officials may answer any questions of either parent or may provide copies of any records pertaining to Gregory Tate which are requested by either parent, 11, The Carlisle School District is directed to provide Father with copies of the child's report card, progress reports, and notices of all upcoming activities in accordance with their policy, If this means Father must provide self-addressed stamped envelopes, so be it, 12, Upon agreement of the parties and with the appropriate authorizations as required by the Carlisle School District, Father may on occasion be permitted 'to pick Gregory Tate up at school. 13, During all weekend periods of custody, during make-up times of custody, as well as Mother's Day" Father's Day, the first day of Buck Season, and the first day of Trout Season, the parties shall exchange custody at the McDonald's in Newport, Pennsylvania, 14. During all other holidays and extended week long vacation periods, Father shall pick the child up at the beginning of his period of custody, and Mother shall pick the child up at the end of Father's period of custody. 15. The parties shall endeavor to accomplish the exchange of custody in a prompt manner according to th,e times set forth in this Order, Should either party be consistently late (i.e, 20 minutes or more and 3 times or more) a request for sanctions will be entertained by the Court. 16, All communications having to do with custody issues, including but not limited to the determination of primary custody and/or arrangements for transportation under the provisions of this Order shall take place between G, Scott Tate and Davi T. Youtzy, At no time shall Gregory Tate be used as a messenger for any reason, This Court shall retain jurisdiction, " t Michael A, Scherer, Esquire "Attorney for Plaintiff Rebecca R, Hughes, Esquire Attorney for Defendant Sheriff srs By the Court, Edward E, Gu~do, J. _ rH OF PENNSYLVANIA CUMBERLAND 09201 SUMMONS CRIMINAL COMPLAINT AND PROBABLE CAUSEAFFlDA VIT COMMONWEALTH OF PENNSYLVANIA VS, &. No.: OJ NalTle; Hon. PAULA P CORREAL ........' 1 COURTHOUSE SQ CARLISLE PA 17013 717 240 6565 DEFENDA~rr: TelephOne: NAME and ADDRESS DAVI ~t'ROY YOUTZY 16 MONSERA RD CARLISLE PA 17013 0000 00 AKA: DAVI YOUTZY Docke,! No,: Date FlIed: OTN: CR-620-04 10-4-04 L 210093-2 * RegtatratlonNumber Annual SticlC8r Number OLN Numl# 1.::.21563357 I :2 0 od'8'6'mB CAR 06 11 1966 5,5,#: 194 SID Number R.5,A.: ORINO.: WF 38 D.O.B,: I I 1110UC~~'I 48 0276 CompW;klt Number Complaint Numbers If other Participants PA0210200 District Attorney's Office _ Approved _Disapproved because: (The Dlstrict Attorney may require that the eompIalnt, arrest warrant alfidavl~ or both be approved by the attomey for the Commonwealth prior to filing. Pe,A.Cr.P.l07.) When the affiant Ie not a palloe offIoar as defined In Rule SI(C) and the offense(s) oharged Inolud6(s) a misdemeanor or felony whicl does not Involve a olaar and present danger III any p&I$OIlor tha community, the complaint shall be submitted to the attorney for the Commonwealth. ' shall approve or disapprove without unreasonable delay), (lsaueDe.te) (Signature) I, (NamoofA'ion'l PO PATRICK K OLEARY BADGE 16 of CARLISLE PD residing at 53 WEST SOUTH ST CARLISLE PA 17013 do hereby state: (ohaok appropriate area) 1. -X. I accuse the above named defendant, who lives at the address set forth above or, _ I accuse an individual whose name is unknown to me bur who is described as _ I accuse the defendant whose name and popular designation or nickname is unknown 10 me and who have therefore designated as John Doe with violatino th.Jl.penallaws of the Commonwealth of Pennsylvania at: 100 ALLEN RD BLK CARLISLE ("_Po_'S."'o_1 in (County) CUMBERLAND on or about 10 04 2004 0241 HRS CARLISLE Participants were: (II there were partlolpants place their namas here, repeating name of above defendant) 2, The acts committed by the accused were: (Set forth a summary of the facts sufficient III adviae tha dafendant of the natu..e of the offense charged, Neither the evidence nor the statu allegedly violated need be oRed, nor shall a citation of the sta1ute allegedly violated, by Itself, be sufficient, In a summary case, set forth a oltation of the speclfio section and sub-seotlon of the sta1ute or ordinance allegedly violated), ** DRIVING UNDER THE INFLUENCE OF ALCOHOL CTS 1 DEFENDANT DID DRIVE, OPERATE, OR WAS IN }!,CTUAL PHYSICAL CONTROL OF ANY VEHICLE AFTER IMBIBING A SUFFICIENT AMOUNT OF ALCOHOL OR ANY CONTROLLED SUBSTANCE, OR COMBINATION OF ALCOHOL AND CONTROLLED SUBBSTANCE, TO SUCH A DEGREE 'I'HAT HE IS INCAPABLE OF Copy: District Justice W@)(ItIBI7 BW Defendant Return of Service Pollee 419 Page 2 *' CRIMINAL COMPLAINT ANI PROBABLE CAUSE AFFlDA' Defendant NamePAVI TROY YOUTZY Docket Number: CR-620-04 SAFE DRIVING. ALL OF WHICH WERE AGAINST THE PEACE AND DIGNITY OF THE COMMONWEALTH OF PENNSYLVANIA AND CONTRARY TO THE ACT OF ASSEMBLY, OR IN VIOLATION OF 3802 Al OF THE ACT OF 7S OR THE ORDINANCE OF ** DUI OF ALCOHOL-HIGHEST RATE OF ALCOHOl, CTS 1 DEFENDANT DID DRIVE, OPERATE, OR WAS IN ACTUAL PHYSICAL CONTROL OF ANY VEHICLE AFTER IMBIBING A SUFFICIENT AMOUNT OF ALCOHOL SUCH THAT THE ALCOHOL CONCEN'll'RTION IN THE I INDIVIDUALS BLOOD OR BREATH IS AT LEAST .16% WITHIN TWO HOURS AFTER THE INDIVIDUAL DROVE, OPERA1~ED, OR WAS IN ACTUAL PHYSICAL CONTROL OF THE MOVEMENT OF THE VEHICLE. ALL' OF WHICH WERE AGAINST THE PEACE AND DIGNITY OF THE COMMONWEALTH OF PENNSYLVANIA AND CONTRARY TO THE ACT OF ASSEMBLY, OR IN VIOLATION OF 3802 C OF THE ACT OF 7S OR THE ORDINANCE OF ** DRIVE ON RIGHT SIDE OF ROADWAY CTS 1 DID NOT DRIVE ON RIGHT SIDE OF ROADWAY K!WING SUFFICENT WIDTH TO WIT : SHE DID DRIVE COMPLETELY ACROSS THE CENTERLINE OF A TWO WAY ROADWAY. ALL OF WHICH WERE AGAINST THE PEACE AND DIGNITY OF THE COMMONWEALTH OF PENNSYLVANIA AND CONTRARY TO THE ACT OF ASSEMBLY. OR IN VIOLATION OF 3301 A OF THE ACT OF 7S OR THE ORDINANCE OF II II I I I 3. I ask that a t"arl'8l'1t of arrest or a~mo~e issued and that the accused be required to answer the charg I have made. (In order for a warrant of arrest to issue, the attached affidavit of probable cause must, completed and sworn to before the issuing authority.) , 4. I verify that the facts set forth in this complaint are true and cormct to the best of my knowledge or informatic and belief. I certify the complaint has been properly completed and verified, and that there is probable caUSI for the issuance of process, This verification is made subject to the penalties of Section 4904 e Crimes Code (18 PA. C.S. 4904) relating to unsworn f2::ISifi 'en tvyt~~riti,es. Date: OCTOBER 4, 2004 ~~ (SlgnalUre 01 CamP inant) (SEAL) AND NOW, on this date, OCTOBER 4, 2004 I certify verified, and that there is probable cause for issuance of B 09-2-01 (Maglster/8,( Ul&tncl.J CARLISLE PD, PROBABLE CAUSE AFFIDAVIT , ,.T NUMBER: 20041000158 CAR DATE: 10/04/2Q04 'OTN: L 210093-2 PG 1 #CTS 1 1 1 ,.GE IS) : 15 3802 75 3802 75 3301 A1 C A DRIVING UNDER THE INF,LUENCE OF ALCOHOL DUI OF ALCOHOL-HIGHEST RATE OF ALCOHOL DRIVE ON RIGHT SIDE O,F ROADWAY COMMONWEALTH VS DAVI INFORMATION: I I I I I, ~ .1 ~ rl " ~ I II I' " \: II I' 1 I I TROY YOUTZY ON 10/04/04 AT APPROX, 02:40 HRS, I (PTL, PATRICK K, O'LEARY) WAS ON PATROL AND HAD JUST PULLED FROM THE SHEETZ STORE IN THE 1800 BLOCK OF THE RITNER HW, I S~rARTED TRAVELING EAST ON THE RITNER HW. TOWARDS THE INTERSECTION OF ALLEN RD, WHEN I OBSERVED A TRACTOR TRAILER APPROACHING THl~ INTERSECTION HEADED WEST. I THEN NOTICED A CAR COMING UP BEHIND IT AND THEN CROSSING THE CENTERLINE INTO THE EAST BOUND :WINE OF TRAVEL. IT CROSSED OVER THE CENTERLINE COMPLETELY AND THE~ RETURNED TO THE WEST BOUND LANES OF TRAVEL BEHIND TRActOR TRAILER, AS I NEAR$D IT THE ' VEHICLE MOVED INTO THE LEFT TURN LANE TO TRAVEL sbUTH ON ALLEN RD. I OBSERVED THAT IT WAS A GOLD BUICK AND IT WAS BEING DRIVEN BY A WHITE FEMALE WHO APPEARED TO BE STARING STRAIGHT AHEAD OF HER AND DIDN'T NOTICE ME PASS HER, IT TURNED LEFT ONTO ALLEN RD. AND I TURNED AROUND TO STOP THE VEHICLE TO FIND OUT WHY IT HAD CROSSED THE CENTERLINE AS IF IT WERE GOING TO PASS THE TRACTOR TRAILER AS IT APPROACHED THE INTERSECTION. I STOPPED THE GOLD BUICK REGAL BEARING PA#EJW-8949 ON ALLEN RD, AT THE LOGISTICS DR, INTERSECTION. I APPROACHED THE FEMALE DRIVER AND ASKED TO SEE HER LICENSE AND REGISTRATION CARDS. SHE ASKED WHY I HAD STOPPED HER AND I STATED THAT I WANTED TO KNOW WHY SHE WAS DRIVING ON THE WRONG SIDE OF THE ROAD AND IF SHE WAS TRYING TO PASS THE TRACTOR TRAILER. SHE ADVISED SHE WAS GOING TO GO AROUND IT. I DETECTED A STRONG ODOR OF AN ALCOHOLIC BEVERAGE COMING FROM THE CAR EVEN THOUGH THE WINDOW HAD ONLY BEEN CRACKED ABoU'r TWO INCHES WHILE I TALKED WITH HER. SHE LOOKED FOR HER LICENSE AND REGISTRATION AND AFTER A WHILE FOUND HER LICENSE AND HANDED IT TO ME BUT COULDN' 'I' GET IT TO ME BECAUSE THE WINDOW WASN 1 T OPEN ENOUGH AND SHE ACTUALLY STRUCK THE WINDOW WITH IT AND LOOKED BEWILDERED AS IF SHE WONDERED HOW THAT HAPPENED, SHE THEN LOWERED THE WINDOW MORE AND THE ODOR BECAME STRONGER, SHE CONTINUED LOOKING FOR HER REGISTRATION AND FINALLY LOCATED IT AND HANDED IT TO ME, I THEN ASKED IF SHE HAD BEEN DRINKING AND SHE REPLIED YES TWO BEERS. I THEN TOLD HER THAT I HAD DETECTED A STRONG ODOR AND I WANTED HER TO STEP OUT OF THE CAR SO I COULD CHECK HER TO SEE IF SHE WAS ALRIGHT TO DRIVE. SHE STEPPED OUT AND I DIRECTED HER TO THE 'REAR OF HER CAR BETWEEN MY CRUISER AND HER CAR, I ADVISED HER THAT I WANTED TO CHECK HER EYES AND INSTRUCTED HER IN THE HGN EXERCISE, WHILE SHE PERFORMED THIS EXERCISE SHE AT FIRST DIDN' 'I' FOLLOW THE STIMULI BUT JUST STARED DIRECTLY AT ME, SHE THEN MOVED HER HEAD TO CARLISLE PD PROBABLE CAUSE AF'FIDAVIT JENT NUMBER: 20041000158 CAR COMMONWEALTH VS DAVI DATE: 10/04/2004 TROY OTN: L 210093-2 YOUTZY PG FOLLOW MY PEN, I INSTRUCTED HER A COUPLE OF TIMES NOT TO MOVE HER HEAD. SHE DID HOWEVER MOVE IT AGAIN, I THEN INSTRUCTED HER IN THE O:LS EXERCISE, SHE ATTEMPTED THIS TWICE BUT COULDN'T GET PAST 15 BEFORE GIVING UP BECAUSE SHE KEPT RAISING HER HANDS, SWAYING AND pUTTING HER FOOT DOWN. I THEN INSTRUCTED HER IN THE Wj~T EXERCISE, SHE ATTEMPTED THIS TWICE BUT COULDN'T DO IT EITHER, SHE STEPPED OFF THE LINE, TOOK TOO MANY STEPS OUT (10) ,DID AN IMPROPER TURN BY STOPPING AND TURNING AROUND, SHE MISSED HEEl, TO TOE, STOPPED WALKING, STARTED TOO SOON, AND RAISED HER ARMS. AFTER ATTEMPTING THE EXERCISES I ADVISED HER SHEf WAS UNDER ARREST FOR D,U.I. AT 02:48 HRS. SHE WAS HANDCUFFED AND PLACED I: MY CRUISER FOR TRANSPORT TO BOC~ING, I CHECKED HER LICENSE AND IDENTIFIED HER A DAVI T. YOUTZY, PA#21563357. THE CAR WAS A BUICK REGAL BELONGING TO BRYAN L, yOUTZY WAS PARKED IN A PARKIN' LOT AT MRS. YOUTZY 1 S REQUEST, SHE WAS TAKEN TO BOOKING WHERE I READ HER THE IMPLIED CONSENT. SHE WAS THEN PROCESSED BY AGENT RODNEY GSELL WHO GAVE HER AN INTOXILYZER 5000 BREATH TEST. THE RESULTS WERE ,179% AT 03:28 HRS. AND .180% AT 03:31 HRS. AGENT GSELL HAD A DIFFICULT TIME GETTING BREATH SAMPLES BECAUSE SHE WOULD STOP BLOWING. THE PROCESSING WAS VIDEO TAPED BY 1'>GENT BRANDON MITCHEM. , MS, YOUTZY WILL BE SENT A SUMMONS TO ANSWER THE CHARGES. i i: , I I , 1 I ASK THAT A ~~> OF ARREST BE ISSUED AND THAT THE ACCUSED BE REQUIRED TO ANSWER THE CHARGE (S) I HAVE MADE IN THE ABOVE AFFIDAVIT, I ITHIN AFFIDAVI~' UPON MY KNOWLEDGE, INFORMATION BELl OCTOBER 4 20~ ' RE WHOSE ~~ DISTR JUS {a >h~TURE? O~y PRINT ( JUSTICE i I ! i ! I , I I I i I ! I I I 2 COPIES ~ DISTRICT JUSTICE 1 COPY - BURElAU OF POLICE COMMONWEALTH OF PENNSYLVANIA V, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVI TROY YOUTZY CP-21-CR-0640-2005 CRIMINAL GUILTY PLEA COLLOQU'( COUNT CHARGErS) MAXIMUM PUNISHMENT GRADE g; ~VING AFTER IMBIBING, GENERAL IMPAIR~ M DRIVING AFT!:-~BIBING - HIGHEST RATE (: DRI~ ON ~HT SIDE OF ROADWAY , PLEA OF DEFENDANT The Defendant, being advised of the offense(s) charged in the information(s) and of c"> Defendant's rights, hereby in open court enters a plea of G- Lt I L r ~ ~~,to ~ ('!t,r c.- ::0 \l'i c:: the chargers) of: T ~ \",,';:S r- C/ ~ 1:.1., Fut-l" SAT! SFAC ~ ~\j.&v{;.)l 'S~cJN6- ~\~ DEI., A ~ U rJi \ L A Vi" e...RI 0 c;'l "U:>o1-t: ~ ( ,/0~ fo ~monwealth (:; I:u /0) 'Date" Restitution Amount $: Restitution Paid to: . [)(IUBIl c- " - r rn c ------ . \,,\\l, COMMONWEALTH v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CP-21-CR-640-2005 CHARGE: (2)OUI-HIGHEST RATE 2nd OVERALLlMANDATORY AFFIANT: PTL, PATRICK O'LEARY DAVI TROY YOUTZY OTN: L210093-2 IN RE: GUILTY PLEA ORDER OF COURT AND NOW, this 20th day of July, 2005, the defendant, Davi Troy Youtzy, having appeared in open court together with private counsel, Paul B. Orr, Esquire, and tendered a plea of guilty to Count 2, DUI-Highest Rate, the plea of guilty is accepted and recorded in full satisfaction of the charges alleged, a DUI report is directed, and the defendant 'to appear for sentence on Tuesday, October 18, 2005, at 1:30 p.rn, By the Court, Michelle H. Sibert, Esquire Assistant District Attorney Paul Bradford Orr, Esquire For the Defendant K":;Y'",1 ~ / Probation :bg . exHIBIT j)" CERTIFICATE OF SERVICE I hereby certify that on August 4, 2005, I, Jennifer S, Lindsay, secretary to Michael A Scherer, Esquire, did seNe a copy of the Petition For Special Relief Pursuant To Pa.RC,P, 1915,13, by first class U.S, mail, postage prepaid, to the party listed below, as follows: Davi T. Youtzy 16 Montsera Road Carlisle, Pennsylvania 17013-9317 ~:6h , n r~") " ;~ -1 i ~III~;~ :.~"..:\ -,'" - ,ECEIVED AUG 042005 G, SCOTT TATE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-901 CIVIL TERM V, DAVI T, YOUTZY, Defendant CIVIL ACTION-LAW IN CUSTODY ORDER OF COURT AND NOW, this ./J"Aday of August, 2005, upon consideration of the 't'ithin ~ ",,-(tA, I'-a Petition For Special Relief l7ur~uant To PaRC,P. 1915.1~~e8ril'l~;" "1i~~~ ~ ~ ::;~~~.Jr lIP ~~~ cJ- rr. ~, 1\.,. 1t)~ d y U , 9681 . . . II. III COlu1I66111 tJv. S vfthe -elnb;;~ ':'~CQ'";th'" ,..... r."rli..I",. P",nnsyl"iilRia, Edward E. Guido, J, Michael A Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, Pennsylvania 17013 ~ Davi T Youtzy 16 Montsera Road Carlisle, Pennsylvania 17013-9317 ~ f.O'l-OJ C~_ . =='~~ F- u.. C) co c:.) (f) -" --..,1 l.r~ 1.;2.:- ~ f', G,SCOTTTATE PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V, 02-901 CIVIL ACTION LAW DA VI T, YOUTZY DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, August 04, Z005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq, , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, Aueust 12,2005 at 11:30 AM for a Pre-Hearing Custody Conference, At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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 hearin!!:, FOR THE COURT, By: /s/ Hubert X Gilrov, Esq, Custody Conciliator W' - The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990, For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office, All arrangements must be made at least 72 hours prior to any hearing or business before the court, You must attend the scheduled conference or hearing, YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE, IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 --I, ~ .JI- ~ Mrl 575) if! -- f ': L!I-.rr-: ~tt. 5/l n ~:~-d##l.f"'iI 5ON> },,1~,"\"'! - ~o ]RECEIVED AUG 042005 6 ,/ Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 2002-901 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY G, SCOTT TATE, Plaintiff V, DAVI T. YOUTZY, ORDER OF COURT AND NOW, this .jf'llday of August, 2005, upon considerati~n of the yvithin ~ ......cr"t ~ Petition For Special Relief Pursuant To Pa.RC,P, 1915.13;-<il4leaFiI'.,.;" "1i~:$'* ~ -tv- ~~~ b- hi ~~~ ~ rr.e ",,--- ~ Tv, th~ J y -:-;:.. ~, ~fj at ~",,; COL/ltIMI.. Nv,::; of the 4,ili~ \'~':Q'II:tl:l';:>I""<>, (,:",";",1<>, P<>Q'wyl"liiRia, ,t Edward E. Guido, J, J.eI~t. ~g IIIIdfJl." I1M~ ASA/' 4J~9d THt"J!. ?kA.s L AJ'v, Sf,. S (;,1." tJ l. . , oS S t.c..L Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, Pennsylvania 17013 cI,. 'lei. t loS Davi T, Youtzy 16 Montsera Road Carlisle, Pennsylvania 17013-9317 RECEIVED AUG 15 20115",JI'l G. SCOTT TATE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW DAVIT, YOUTZY, Defendant NO. 02-901 IN CUSTODY COURT ORDER AND NOW, this /5<h day of August, 2005, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. A hearing is sclJeduled in Court Room No. 5 of the Cumberland County Courthouse on the~NddaY of Au ~ . ,2005 atS.. Un. At this hearing, the Court will entertain testimony with respect to father's petition to modify the custody Order, The father shall proceed initially with testimony in this case. 2, Pending further Order of this Court and based on the Conciliator's recommendation and based upon the fact that the Conciliator did consult with the minor child in this case, it is directed that this Court's Order August 7, 2002 is modified on a temporary basis such that the father, G. Scott, Tate shall have physical custody ofthe minor child starting August 15th. This is a temporary Order pending a permanent Order to be issued at the conclusion of the hearing. CC~hael A. Scherer, Esquire /aul B. Orr, Esquire ~ ~rP O~~ BY THE COURT, I ,/1 JI.- ard E. Guido ViN'v'(\l,\S\:;f\!~ld II f\'i'''''', '-, '-';I""~'"' t\..ll :f )\_.: ,,-,---':~~ ~llJ 22 :Z Hd 91 ~nVSOOl Atf\"100,OrtlOQd 3Hl :JO 3:J1:!~o-a311:l RECEIVED AUG 15 1005 f G. SCOTT TATE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v CIVIL ACTION - LAW DAVIT. YOUTZY, Defendant NO. 02-901 IN CUSTODY Prior Judge: Edward E. Guido CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Gregory Tate, born March 21, 1991. 2. A Conciliation Conference was held on Augnst 12, 2005, with the following individuals in attendance: The father, G. Scott Tate, with his counsel, Michael A. Scherer, Esquire, and the mother, Davi T. Youtzy, with her counsel, Paul B. Orr, Esquire. 3. This is very difficult case. The child is in the primary custody of the mother pursuant to an Order from August of 2002 after a hearing before Judge Guido. 4. The mother was arrested for DUI on October 4, 2004. She was arrested at 2:40 a.m. Her blood alcohol was .179. This is her second offense. Mother never told the father of this arrest and her criminal proceedings have been delayed. She recently pled guilty to DUI as a second offense, and the District Attorney indicated at the guilty plea that she is facing a ninety-day mandatory minimum. Sentencing is scheduled for October 18, 2005 before Judge Hess. 5. Gregory is going into ninth grade. He is starting football and desires also to wrestle. The father believes that the child should come and live with him because of these circumstances. The mother suggests that she will be appealing the applicability of the ninety-day mandatory sentence and that she anticipates not going to jail because of those appeals. She may also be filing a motion to withdraw her guilty plea. 6. Despite a decade long tradition of not speaking with the child, the Conciliator spoke with the child in this particular circumstance primarily because of the situation with the child starting football. Greg is a fme young man and was very articulate and identified a number of concerns. He does not want to move out of a school district in the middle of the year which may happen if his mother goes to jail during the school year. He further commented that he has some concerns that his stepdad also was not aware of these criminal charges and he believes the stepfather just became aware of these charges or the stepfather still does not know. Greg articulated a concern that these circumstances may cause a major problem between his mother and his stepfather which would be further disruption in his home. Finally, without prompting from the Conciliator, he expressed a concern that his mother was going out a bit a few years ago when they had the other hearing and she had cut that behavior out, but he was concerned that now she is going out again at night. The fact that she was arrested on a Sunday evening at 2:40 a.m. with a blood alcohol of .179 supports the young man's concern. 7. Greg expressed a desire to be with his father rather than have his school year interrupted in Carlisle. He would prefer ideally to remain in the Carlisle system, but he has concerns and doesn't want to take many risks with respect to getting transferred midterm with the associated disrnption of the school classes and his athletic activities. 8. Based upon the above, the Conciliator recommends an Order inunediately transferring custody of the child so that the child can start football practice at the father's school district. The mother is not in agreement, and requests a hearing. The Court should then schedule an inunediate hearing as soon as possible to address testimony on these issues. The Conciliator's feeling is that the Court will rule in favor of the father, but even if the custody is returned back to the mother for the school year the Conciliator is of the opinion that a few weeks practice at the other school district is not going to overwhelmingly prejudice the young man with football at Carlisle High School. 9. The Conciliator recommends an Order in the form as attached. r1UbUo'- /~iAa;J DATE ~~ftr- Hubert X. Gilroy, Esquire V Cnstody Conciliator Honorable Judge Guido, On Wednesday August 10 my attorney Paul Orr informed me by telephone that I had a hearing on Friday August 12 pertaining to my child Gregory Tate. Based on the assumption that I had a DUI with the possibility of a 90 day jail sentence. The conciliator thought the minor Tate should be removed from the Carlisle Area School District and reside with his father in Mifflin County Pa. The reasoning was that I could possibly serve a 90 day jail term and my ex-husband made an assumption that my husband would file for divorce. Please note that both statements are thoughts and not facts. This custody case came before you in August 2002. Gregory is still the same well rounded student, athletic child he was then. Two weeks prior to this August meeting, Gregory's father telephoned him regularly even while my son was on vacation in Myrtle Beach berating, belittling, and scaring him with accusations about me. My husband, my niece and my sister can attest to his nervousness and tears he shed over this. These two statements are facts. Knowing this the conciliator recommends the minor child be removed from his safe home of 12 years and be given to this threatening man. Also, lost in the course of this meeting is the fact that Gregory has a sibling. Bryanna is his eight year sister. Conciliator Gilroy's recommendation would not only effect Gregory but also leave his sibling sister with damaging psychological side effects. Not only do I feel that something unethical took place during this Friday August 12 meeting, I feel my Civil Rights were violated. I was not only found guilty at this meeting I was sentenced as well. Before awarding any Custodial Petition please talk with my husband, my minor child and myself. Thank you for your sincere consideration in this matter. Bryan L. and Davi T. Youtzy 3g 5 -..;?/llJAV/fotv+zY -~-_. ,~'\\ 0\2 \ -ll~d ~,.,\ -d \ C\'() J 000,\\ -