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HomeMy WebLinkAbout05-1625TABITHA M. PLUMMER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW CIVIL TERM KEVIN J. PLUMMER, Defendant IN CUSTODY COMPLAINT FOR CUSTODY AND NOW comes the Plaintiff, Tabitha M. Plummer, by her attorneys, Irwin & McKnight, and presents the following Complaint for Custody. 1. The Plaintiff, Tabitha M. Plummer, is an adult individual with an address of 62 Broad Street, Newville, Cumberland County, Pennsylvania 17241. 2. The Defendant, Kevin J. Plummer, is an adult individual with an address of 631 Range End Road, York County, Pennsylvania 17019. 3. The parties are the natural parents of one (1) child, namely, Cierra Jo Ann Plummer, born April 30, 2004, age eleven (11) months. 4. The parties were married on August 2, 2003. 5. The parties resided at 11 North Chestnut Street, Dillsburg, Pennsylvania from November 2003, to May 12, 2004. The parties moved to 631 Range End Road, Dillsburg, Pennsylvania 17019 on May 12, 2004 until March 21, 2005. 3 6. On March 21, 2005, the Defendant demanded that the Plaintiff and said minor child leave the apartment where the parties were residing. 7. The Plaintiff desires that she have primary physical custody and primary legal custody of said minor child, Cierra Jo Ann Plummer. 8. The best interests and permanent welfare of said minor child, Cierra Jo Ann Plummer, requires that the Court grant the Plaintiff's request as set forth above. WHEREFORE, Plaintiff, Tabitha M. Plummer, respectfully requests that she be awarded primary physical custody and primary legal custody of Cierra Jo Ann Plummer as provided herein, with periods of temporary physical custody to Defendant as the parties can agree. By: Date: March 29, 2005 Respectfully submitted, IRWIN & MvKNIG Marcus Af McKni&, III, Esquire Attorney or Plaintiff 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Supreme Court 1. D. No. 25476 4 VERIFICATION The foregoing document is based upon information which has been gathered by 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. BITHA M. PLUMMER Date: March 29, 2005 t+w (V?? (3> TABITHA M. PLUMMER, Plaintiff/Petitioner V. KEVIN J. PLUMMER, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW p5 - /Gd5 CIVIL TERM IN CUSTODY PETITION FOR EMERGENCY RELIEF AND NOW, this 29th day of March 2005, comes the Plaintiff/Petitioner, Tabitha M. Plummer, by her attorneys, Irwin & McKnight, and makes the following Petition for Emergency Relief against the Defendant/Respondent, Kevin J. Plummer: 1. The Petitioner is Tabitha M. Plummer, an adult individual who resides at 62 Broad Street, Newville, Cumberland County, Pennsylvania 17241. 2. The Respondent is Kevin J. Plummer, an adult individual who resides at 631 Range End Road, York County, Dillsburg, Pennsylvania 17019. 3. The parties are the natural parents of one minor child, Cierra Jo Ann Plummer, born April 30, 2004, age eleven (11) months. 4. The Petitioner, Tabitha M. Plummer, and said minor child, Cierra Jo Ann Plummer, were forced out of the marital apartment on March 21, 2005 at 11:00 p.m. 2 M 5. The Petitioner, Tabitha M. Plummer, moved to 62 Broad Street, Borough of Newville, on March 21, 2005, with the child. The Petitioner has had custody of the child from the child's birth until March 21, 2005. 6. The Respondent has been diagnosed as being bi-polar and suffers from seizures. He has threatened suicide on March 26, 2005, and he has also engaged in physical abuse. 7. On March 27, 2005, the Respondent requested temporary physical custody of said minor child, Cierra Jo Ann Plummer, and promised to return her at 3:00 p.m. on March 28, 2005. 8. The Respondent refused to return said minor child to the Petitioner after repeated requests by the Petitioner. 9. The Petitioner seeks the immediate return of said minor child, Cierra Jo Ann Plummer, until a hearing or conciliation conference can be scheduled. 3 WHEREFORE, Petitioner, Tabitha M. Plummer, respectfully requests that this Honorable Court enter an Order against the Respondent, Kevin J. Plummer, requiring him to immediately return said minor child, Cierra Jo Ann Plummer, to the Petitioner until further Order of Court. By: Date: March 29, 2005 Respectfully submitted, IRWIN & McKNIGHT Mars A. Mcf ii ht, III, Esquire Attorney or Petitioner 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 717-249-2353 Supreme Court I.D. No: 25476 4 VERIFICATION The foregoing document is based upon information which has been gathered by 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. TA ITHA M. PLUMMER Date: March 29, 2005 TABITHA M. PLUMMER, Plaintiff/Petitioner V. KEVIN J. PLUMMER, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW C? S - /Ce a 5 CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE I, Marcus A. McKnight, do hereby certify that I am this day serving a true and correct copy of the foregoing document upon the person, and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing the same with the United States Post Office in Carlisle, Pennsylvania, postage prepaid, and addressed as follows: Mr. Kevin J. Plummer 631 Range End Road Dillsburg, PA 17019 Date: March 29, 2005 By: 5 Marcus . McKnigh?II, Esq. 60 West Pomfret Street Carlisle, PA 17013 717-249-2353 Supreme Court I.D. # 70216 Attorney for the Plaintiff/Petitioner IRWIN & McKNIGHT e ? - ?s ? I ,. TABITHA M. PLUMMER, PLAINTIFF/PETITIONER V. KEVIN J. PLUMMER, DEFENDANT/RESPONDENT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 05-1625 CIVIL TERM ORDER OF COURT AND NOW, this 2 C , day of March, 2005, a hearing on the within petition for special relief shall commence at 3:30 p.m., Monday, April 4, 2005, in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania, By the Court, Edgar B. Bayley, J. arcus A. McKnight, III, Esquire For Petitioner y evin J. Plummer c?-- 631 Range End Road LLB ?? Dillsburg, PA 17019 :sal 30 f 1_ "°'1 ^ U ?1 C -1 TABITHA M. PLUMMER IN THE COURT OF COMMON PUEAS OF PLAINTIFF CUMBERLAND COUNTY, PENN$YLVANTA V. 05-1625 CIVIL ACTION LAW KEVIN J. PLUMMER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, April 01, 2005 , upon consideration of it is hereby directed that parties and their respective counsel appear before Hubert X. at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, April 22 for a Pre-Hearing Custody Conference. At such conference, an effort will be made to re if this cannot be accomplished, to define and narrow the issues to be heard by the court, order. All children age five or older may also be present at the conference. Failure to a provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection Special Relief orders, and Custody orders to the conciliator 48 hours prior to schedu FOR THE COURT. By: Custody Conciliator attached Complaint, y, Esq. the conciliator, S at 8:30 AM the issues in dispute; or o enter into a temporary at the conference may Abuse orders, hearing. 'The Court of Common Pleas of Cumberland County is required by law to co ply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonabl accommodations available to disabled individuals having business before the court, please contact our o ice. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You ust 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 T E 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 ' ?'//" ?j ?, } r7?/ f/ r;? >?.-? ,t ii . 'r.' ?. I . TABITHA M. PLUMMER, IN THE COURT OF gOMMON PLEAS OF PLAINTIFF/PETITIONER CUMBERLAND COUNTY, PENNSYLVANIA V. KEVIN J. PLUMMER, DEFENDANT/RESPONDENT 05-1625 CIVIL TERM ORDER OF COURT AND NOW, this % day of April, 2005, this ustody case having been called on a petition for emergency relief for which there is also a conciliation conference scheduled on April 13, 2005, and this court acceptingi jurisdiction, the following order is entered without prejudice to either party on the (1) The father, Kevin J. Plummer, shall return Cierra Jo Ar n Plummer, born April 30, 2004, to her mother, Tabitha M. Plummer, at 5:00 p.m., today at the grandmother's house. (2) Cierra Jo shall stay with her mother except that the fath r shall pick her up at 9:00 a.m. Sunday, April 10 at the grandmother's house and return her to her mother at the aunt's house on Monday at noon. //;, By the Court, X" ' Edgar C%i . i- C1 r t.7 i ? 1 b= 1 ? S SJ._ ;: ?L U- o fJ ? N U Marcus A. McKnight, III, Esqui For Petitioner Stephen K. Portko, Esquire 101 Office Center, Suite A 101 South U.S. Route 15 Dilsburg, PA 17019 For Respondent Hubert X. Gilroy, Esquire Custody Conciliator sal TABITHA M. PLUMMER, Plaintiff V. KEVIN J. PLUMMER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 05 -1625 CIVIL TERM :CUSTODY DEFENDANT'S ANSWER AND COUNTER-COMPLAINT FOR CUSTODY 1. Defendant/counter-Plaintiff is Kevin J. Plummer, residing at 631 Range End Road, Dillsburg, York County, Pennsylvania 17019. 2. Plaintiff/counter-Defendant is Tabitha M. Plummer, with a last known address at 62 Broad Street, Newville, Pennsylvania. 3. Defendant seeks custody of the following child: NAME PRESENT RESIDENCE Cierra Jo Ann Plummer 631 Range End Rd., Dillsburg The child was born in wedlock. The child is presently in the custody of Kevin J. Plummer, whose residence is 631 Range End Road, Dillsburg, Pennsylvania. During the past five years the child has resided with the following persons at the following addresses: NAME Kevin J. Plummer Kevin J. Plummer Tabitha M. Plummer Kevin J. Plummer Tabitha M. Plummer ADDRESS 631 Range End Road Dillsburg, PA 631 Range End Road Dillsburg, PA 11 N. Chestnut St. Apt. E Dillsburg, PA DATES 03/26/05 to present 05/14/04 - 03/26/05 04/30/04 - 05/14/04 I The father of the child, is Kevin J. Plummer, residing at 631 Range End Road, Dillburg, York County, PA. He is married. The mother of the child, is Tabitha M. Plummber, currently at an unknown address although believed to be residing with her Aunt at 62 Broad Street, Newville, PA. She is married. 4. The relationship of Defendant to the child is that of natural father. The Plaintiff currently resides with the following person: NAME RELATIONSHIP Cierra Jo Ann Plummber daughter 5. The relationship of Plaintiff to the child is that of natural mother. The Plaintiff currently resides with the following persons: NAME unknown RELATIONSHIP 6. Defendant/counter-Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Defendant has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Defendant does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: (a) Defendant has and can continue to provide the child with a home with adequate moral, emotional, and physical surroundings as required to meet the child's needs; (b) Defendant is fit and capable of making child related decisions and is willing to provide the care and love for the child. (c) On or about 3/20/05, Plaintiff separated from Defendant and left the marital home because she is having an extra-marital affair. Since the separation Plaintiff has stayed at three different locations, none of which offer the minor child her own sleeping quarters or a proper home environment. (d) Plaintiff relies on friends and family to watch the minor child, so that she can spend time with her paramour or go out and socialize, instead of spending the time caring for her daughter. (e) Plaintiff has sought medical care in the past for a chemical imbalance and/or personality disorder but continues to exhibit mood swings and other behavioral problems that adversely affect the minor child. 8. It is in the best interest and welfare of the child that the Defendant/counter-Plaintiff be awarded primary physical custody and joint legal custody. 9. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, Defendant/counter-Plaintiff requests the court to grant him joint legal and primary physical custody of the minor child. Respectfully submitted, Stephe K. Portko, Esquire 101 South U.S. Route 15 Dillsburg, PA 17019 (717)432-9706 Attorney I.D. #34538 Attorney for Defendant/ Counter-Plaintiff VERIFICATION I, Kevin J. Plummer, hereby acknowledge that I am the Defend anttcounter- Plaintiff in the foregoing Answer and Counter-Complaint for Custody, that I have read the foregoing, and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. DATE: -/5- 0 -6 c-? i D t1 s? -1 1" TABITHA M. PLUMMER, Plaintiff v KEVIN J. PLUMMER, Defendant RECEIVED APR 19 2005 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 05-1625 : IN CUSTODY COURT ORDER AND NOW, this day of April, 2005, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. 2 of the Cumberland County Courthouse on the day of , 2005 at ?.Q a in. At this hearing, the mother shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least rive days prior to the mentioned hearing date. 2. Pending further Order of this Court, the following temporary Custody Order is entered: A. The mother, Tabitha M. Plummer, and the father, Kevin J. Plummer, shall enjoy shared legal custody of Cierra Jo Ann Plummer, born April 30, 2004. B. The parties shall also enjoy shared physical custody of the minor child. C. Mother shall have physical custody of the minor child until Friday April 22"d At that point, custody shall be delivered to the father. Unless the parties agree otherwise, the time for exchange of custody shall be 6 p.m. on each Friday. Starting Friday April 22nd, father shall have custody for one week and the parties shall alternate thereafter with the exchange of custody as noted on each Friday. D. During the time father has custody, it is noted that mother is working second shift or mother may be off during the day when father is working. The parties shall communicate with respect to these schedules and, on those days when mother is able to provide care for the minor child while father is at work, mother shall have custody of the child during those times. Otherwise, father shall be responsible for obtaining day care or other necessary care for the child E. During the time that mother has custody of the child, and assuming mother is unavailable to care for the child because of work or otherwise for period of at least three hours, mother shall notify father and give him the opportunity to care for the child during that time frame. If father is unavailable to provide such care, it should be mother's obligation to provide that care. F. The parent receiving custody on the alternating weekend schedule shall handle transportation and shall pick up the child at point as designated by the custodial parent. However, where one of the parents is exercising time with the minor child when the child is in the custody of the other parent for a week, the parent out of custody that week shall handle all transportation relating to that particular visitation. 3. In the event the attorneys for the parties believe the Conciliator can aid in facilitating a more permanent resolution to the case prior to the Court hearing scheduled above, the attorneys may contact the Conciliator directly to schedule another conference. BY THE Judge Edgar B. Bayley cc:LM1?rcus A. Mcknight, Esquire Yhen K. Portko, Esquire S i TABITHA M. PLUMMER Plaintiff v KEVIN J. PLUMMER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-1625 IN CUSTODY 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: Cierra Jo Ann Plummer, born April 30, 2004. 2. A Conciliation Conference was held on April 14, 2005, with the following individuals in attendance: The mother, Tabatha M. Plummer, with her counsel, Marcus A. McKnight, Esquire, and the father, Kevin J. Plummer, with his counsel, Stephen K. Portko, Esquire. 3. The parties are married and were living together at the child's birth in April of 2004. The parties separated less than thirty days ago. There is no status quo with respect to the custody situation. Mother works second shift at a Nursing Home facility. Father works first shift as a driver for a local company. The parties originally lived in Dillsburg, and at separation the mother moved in with an aunt in Newville. 4. The custody situation at this point is a very difficult situation because of the different work schedules of the parties. Mother suggests that the father does not have appropriate parenting skills and that she should be the primary custodian and father should merely see the child on alternating weekends. Father is seeking shared physical custody. Father suggests that he has provided care in the past, and noted that he was available during times when mother was working her second or third 5. 6. shifts. Mother suggests that father did not provide a whole lot of attention to the child during those times. However, the Conciliator does not have the ability to take sworn testimony and this issue will need to be resolved by the Court. The parties are unable to reach an agreement. The Conciliator recommends a temporary, interim Order where the parties are sharing custody of the minor child on a week on/week off basis. This recommendation should not be construed as the Conciliator siding with either party with respect to a primary custody claim. However, because of the short period of time the parties have been separated and the obvious work schedules over the past few months that suggests to the Conciliator that both parents have been involved in the child's life, the Conciliator believes the status quo at this point is to maintain some type of shared arrangement. The Conciliator recommends an Order in the form as attached. G si DATE Hu r i roy, Esquire iator ody Concil SHERIFF'S RETURN - OU`P QFS COUNTY CASE NO: 2005-01625 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PLUMMER TABITHA M VS PLUMMER KEVIN J R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named RESPONDENT , to wit: PLUMMER KEVIN J but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within ORDER AND PETITION On May 2nd , 2005 , this office was in receipt of the attached return from YORK Sheriff's Costs Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep York County 38.63 Postage .74 76.37 05/02/2005 MARCUS MCKNIGHT Sworn and subscribed to before me this a day of 2ry JeUS? A, D. So answer - Thomas Kline Sheriff of Cumberland County ? M ik , o, Prothonot r COUNTY OF YOF(K OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 SERVICE CALL (717) 771-9601 SHERIFF SERVICE INSTRUCTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINE 1 THRU 12 DO NOT DETACH ANY COPIES 1 PLAINTIFF/S/ 2 COURT NUMBER Tabitha M. P1Lmmer 05-1695 c:ivil Kevin J. Plummier a Order and Petition SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD Kevin J. Plruttmer 6 ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO, CITY, BORO, TWP.. STATE AND ZIP CODE) AT 631 Range End Road Dillsburg, PA 17019 7. INDICATE SERVICE U PERSONAL U PERSON IN CHARGE U DEPUTIZE U ERT IL U 1 ST CLASS MAIL U POSTED 'J OTHER NOW March 40 -.2 05_ I, SHERIFF OF COUNTY, PA, do hereby deputize the sheriff of York COUNTY to execute Flt a make return thereof,according to law. This deputization being made at the renuest and risk of the plaintiff. ' ?E/ff 6 SERVICE ?., y ,. ,1 T101s • -y-t-pC7,•.,-._wrayvaNl r ? ?7T ? Please mail return of service to Cumberland County Sheriff. Thank you. 1j 'IL4100 F1:^ PD BY SHERIFF NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN -Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in Possession, after notifying person of Levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction. or removal of any property before shenlrs sale thereof 9. TYPE NAME and ADDRESS of ATTORNEY /ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11. DATE FILED 4e?^,? _zn_nr. 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW (This area must toe completed 0 noon is to be mailed) 13. 1 acknovdedge receipt of the writ 14. DATE RECEIVED or complaint as indicated above. T'' -, T ".._ 16. HOW SERVED. PERSONAL RESIDENCE POSTED( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW 17. U I hereby Cefbfy and return a NOT FOUND because 1 am unable to locate the individual, company, etc. named above. (See remarks below.) 18. E AND TITLE OF INDIVIDUAL SERVE P/ LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19 Date of Serva:e 20 Time of Serve 21 A EMPTS Date Time Miles In. Date Time Miles Int. Date TI 11 ilea Int. Date Time Miles Int. Dale Time Miles Int. Dale Time Miles Int t ,( b( y(? 22. REMARKS'. 23. Advarxe Costs 21 Servin Costs 25. N/F 26. Mileage 27. Postage 26 Sub Trial 29 Pound 30 Notary ]t Surohg ]2 Tm. Costs 77 Costs a or Refun heck No 34. Foreign County costs 35. Advance Costs 36. Service Costs 37. Notary Cert. 38 MdeagelPostagetNol Found 39 Total Costs 10. Costs Due or Refund 41. 42 My CC 44 48 Signature of Foreign County Sheriff 50)n ACKNOWLEDGE RECEIPT OF THE SHERIFF 'S RETURN SIGNATURE OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Shenfrs Office 4. BLUE - ShenRs office t ^ J ?.-? 45 DATY 17 DATE a9 DATE 51. DATE RECEIVED TABITHA M. PLUMMER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KEVIN J. PLUMMER, : DEFENDANT 05-1625 CIVIL TERM ORDER OF COURT AND NOW, this day of June, 2005, by agreem parties, the following order is entered: (1) All prior custody orders are vacated and replaced with this (2) Tabitha M. Plummer and Kevin J. Plummer shall have joint Cierra Jo Ann Plummer, born April 30, 2004. (3) The mother shall have primary physical custody of Cierra. (4) The father shall have temporary physical custody of Cierra: (a) On alternate weekends from Friday at 6:30 p.m. until SL p.m. of the r. custody of inday at 6:30 (b) If he is off work from his regular job on a weekday, he shall, upon forty-eight (48) notice to the mother, have Cierra until 6:30 p.m. (c) Two consecutive weeks during the summer with thirty (?0) days notice to the mother. (d) The alternate holidays of Easter, Memorial Day, July 4th, Labor Day i and Thanksgiving, with the father's first alternate holiday on July 4, 2005. (5) Christmas shall be divided into two periods which the mother and father shall alternate. The first is from December 24th through noon on December 25ih. The period is from noon on December 25th through December 26th. In 2005, the father shall have the first period and the mother shall have the second period. (6) The father shall provide all transportation for his periods of temporary physical custody with Cierra. (7) After sixty (60) days, the father can request that the conciliator schedule a further hearing to consider his obtaining additional time with Cierra. By the Co Edgar B. Bayley, Marcus A. McKnight, III, Esquire For Plaintiff kXtephen K. Portko, Esquire I 101 Office Center, Suite A V 101 South U.S. Route 15 Dillsburg, PA 17019 n For Defendant O"1 VKubert X. Gilroy, Esquire b Custody Conciliator :sal zjHi dO :10:-- GTJ t IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA TABITHA M. PLUMMER, ) NO. 05-1625 CIVIL TERM Plaintiff ) V. ) CIVIL ACTION - LAW - IN CUSTODY KEVIN J. PLUMMER, ) Defendant ) COMPLAINT FOR MODIFICATION OF CUSTODY AND NOW, comes Defendant, Kevin J. Plummer, by and through his attorney, Thomas M. Clark, Esquire of Wiley, Lenox, Colgan & Marzzacco, P.C., and files the instant Complaint for Modification of Custody, and in support thereof, avers as follows: 1. The Plaintiff is Tabitha M. Plummer, who currently resides at 629 Range End Road, Dillsburg, Pennsylvania, 17019. 2. The Defendant is Kevin J. Plummer, who currently resides at 16150 Reese Road, New Freedom, Pennsylvania, 17349. 3. Defendant seeks primary physical custody of the following child: Cierra Jo Ann Plummer, born on April 30, 2004. The child was not born out of wedlock. The mother of the child is Tabitha M. Plummer, who currently resides at 629 Range End Road, Dillsburg, Pennsylvania, 17019. The is married. The Father of the child is Kevin J. Plummer, who currently resides at 16150 Reese Road, New Freedom, Pennsylvania, 17349. He is married. 4. The relationship of Plaintiff to the child is that of Mother. 5. The relationship of Defendant to the child is that of Father. 6. Defendant has participated as a party in the custody action for which we are now requesting modification. The original custody action took place in Cumberland County and was docketed at 05-1625. Defendant has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. Defendant does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting Defendant primary physical custody of the minor child because Kevin J. Plummer has played an active and nurturing role in the development of his child and the ability of a continued relationship would be in the best interest of the child. 8. Each parent whose parental rights to the child has not been terminated and the person 9. All persons who have physical custody of the child have been named as parties to this action. WHEREFORE, Defendant respectfully requests This Honorable Court to grant primary physical custody of the minor child to the Plaintiff. Dated: 611.4 1,0,4 Respectfully submitted, WILEY, LENOX, COLGAN &MARZZACCO, P.C. Z(11 ir? Thomas M. Clark, Esquire 130 West Church Street Dillsburg, PA 17019 (717) 432-9666 I.D. # 85211 VERIFICATION I, Kevin J. Plummer, verify that the statements made in this Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. CS. '4904, relating to unsworn falsification to authorities. Date: r-JJPLUMMER, DEFENDANT c: ! C.J ?' i 1 y ?r TABITHA M. PLUMMER PLAINTIFF V. KEVIN J. PLUMMER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 05-1625 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Monday, July 03, 2006 _,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 Thursday, July 20, 2006 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. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Hubert X. GRro Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the schedules 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 ,w T 1 Iv- C-4 s, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA TAIBITHA M. PLUMMER, ) NO. 05-1625 CIVIL TERM Plaintiff ) V. ) CIVIL ACTION - LAW - IN CUSTODY "VIN J. PLUMMER, ) Defendant ) RETURN OF SERVICE On the day of July, 2006, I, David Rudy, Process Server, served TABITHA M. PLUMMER, with the Complaint for Modification of Custody filed on June 23, 2006 and the Order of Court dated July 3, 2006 scheduling a Pre-Hearing Conference by kwn,ti 6 -71'> -rwg,ru 0, I'tWIr'w (manner of service) at f? 9 &,,6t &jh-p at -m. (time of service). I verify that the statements in this return of service are true and correct. I and rstand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Date: i AVID R - : ? ,t _? - ;; a3 JUL 2 5 2006 !e 14 TABITHA M. PLUMMER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW KEVIN J. PLUMMER, NO. 005-1625 Defendant IN CUSTODY COURT ORDER AND NOW, this Alw- day of July, 2006, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. 2 of the Cumberland County Courthouse on the ?( day of P o 2006 at .`? A.m. At this hearing, the father shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, a summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, the Court's prior Order of June 9, 2005 shall remain in place. ccVyoomas M. Clark, Esquire , 1AUrcus A. McKnight, Esquire 1 Judge Edgar B. Bayley i TABITHA M. PLUMMER, Plaintiff v KEVIN J. PLUMMER, Defendant Prior Judge: Edgar B. Bayley : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 005-1625 : IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-5(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: Cierra Jo Ann Plummer, born April 30, 2004. 2. A Conciliation Conference was held on July 20, 2006, with the following individuals in attendance: The mother, Tabitha M. Plummer, with her counsel, Marcus A. McKnight, Esquire, and the father, Kevin J. Plummer, with his counsel, Thomas M. Clark, Esquire. 3. There is an existing Order from June of 2005 that provided mother with primary physical custody. Father is now petitioning seeking a change in custody. Father is seeking primary custody himself or, in the alternative, at least a 50150 shared physical custody arrangement. Mother is unwilling to agree and suggests that the e:dsting Order is appropriate. The parties are unable to reach an agreement and a hearing is required. A hearing should take no more than Vh day depending on how the testimony flows. 4. The Conciliator recommends an Order in the form as attached. z 0 DATE ubert X. G y, Esquire Custody C ciliator TABITHA M. PLUMMER, IN THE COURT OF COMMON PLEAS OF Plainti"etitioner CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 2005-1625 CIVIL TERM KEVIN J. PLUMMER, Defendant/Respondent IN CUSTODY MOTION FOR CONTINUANCE AND CHANGE IN VENUE AND NOW, this 15th day of September 2006, comes the Plaintiff/Petitioner, Tabitha M. Plummer, by her attorneys, Irwin & McKnight, and makes the following Motion for Continuance: 1. The Petitioner is Tabitha M. Plummer, an adult individual who resides at 864 East Prospect Street (Rear), York, York County, Pennsylvania 17403. She has resided there since August 27, 2006. 2. The Respondent is Kevin J. Plummer, an adult individual with an address of 16150 Reese Road, New Freedom, York County, Pennsylvania 17349. 3. The parties are the natural parents of one minor child, Cierra Jo Ann Plummer, bom April 30, 2004, age eleven (11) months. 4. A Custody Hearing is scheduled for Wednesday, September 20, 2006, at 8:45 a.m. See attached Order of Court dated July 27, 2006, and attached as Exhibit "A". 2 5. The parties are both residing in York County, Pennsylvania and a hearing in York County is appropriate. 6. The Cumberland Custody Order has been in place since June 9, 2005. See Order of Court dated June 9, 2005 and attached as Exhibit "B". 7. The Petitioner may be seeking new legal counsel in order to represent her in this litigation. 8. Counsel for Defendant, Thomas M. Clark, has refused to concur with the continuance. WHEREFORE, Petitioner, Tabitha M. Plummer, respectfully requests that this Honorable Court enter an Order granting a continuance of the Custody Hearing currently scheduled for Wednesday, September 20, 2006 at 8:45 a.m. and/or transfer this case to York County. Respectfully submitted, IRWIN & McKNIGHT By: Marcus A. McKn , Esquire Attorney for Petitioner 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 Date: September 15, 2006 3 EXHIBIT "A" TABITHA M. PLUMMER, Plaintiff v KEVIN J. PLUMMER, Defendant JUL z s zoos, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 005-1625 IN CUSTODY COURT ORDER AND NOW, this day of July, 2006, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. A hearing is scheduled ' Court Room No. 2 of the Cumberland County Courthouse on the day o Ql*? 006 at ,Ct m. At this hearing, the father shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, a summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, the Court's prior Order of June 9, 2005 shall remain in place. cc: Thomas M. Clark, Esquire Marcus A. McKnight, Esquire BY THE COURT, - - t0j,01) A) -Va Judge Edg!Wr B. Bayley TRUE COPS' r-P( ? ! RECORD In Testimony wher,,.,i,.! -?;nlset my hand and th eal of -:i;? L u. t a,"', e, Pa- 7 TABITHA M. PLUMMER, Plaintiff v KEVIN J. PLUMMER, Defendant Prior Judge: Edgar B. Bayley : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 005-1625 : IN CUSTODY 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: Cierra Jo Ann Plummer, born April 30, 2004. 2. A Conciliation Conference was held on July 20, 2006, with the following individuals in attendance: The mother, Tabitha M. Plummer, with her counsel, Marcus A. McKnight, Esquire, and the father, Kevin J. Plummer, with his counsel, Thomas M. Clark, Esquire. 3. There is an existing Order from June of 2005 that provided mother with primary physical custody. Father is now petitioning seeking a change in custody. Father is seeking primary custody himself or, in the alternative, at least a 50150 shared physical custody arrangement. Mother is unwilling to agree and suggests that the existing Order is appropriate. The parties are unable to reach an agreement and a hearing is required. A hearing should take no more than ' day depending on how the testimony flows. 4. The Conciliator recommends an Order in the form as attached. DATE ubert !Gily, Esquire Custody C ciliator EXH?TT KBD TABITHA M. PLUMMER, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. KEVIN J. PLUMMER, DEFENDANT 05-1625 CIVIL TERM ORDER OF COURT AND NOW, this at - day of June, 2005, by agreement of the parties, the following order is entered: (1) All prior custody orders are vacated and replaced with this order. (2) Tabitha M. Plummer and Kevin J. Plummer shall have joint legal custody of Cierra Jo Ann Plummer, born April 30, 2004. (3) The mother shall have primary physical custody of Cierra. (4) The father shall have temporary physical custody of Cierra: (a) On alternate weekends from Friday at 6:30 p.m. until Sunday at 6:30 p.m. (b) If he is off work from his regular job on a weekday, he shall, upon forty-eight (48) notice to the mother, have Cierra until 6:30 p.m. (c) Two consecutive weeks during the summer with thirty (30) days notice to the mother. (d) The alternate holidays of Easter, Memorial Day, July 4th, Labor Day and Thanksgiving, with the father's first alternate holiday on July 4, 2005. (5) Christmas shall be divided into two periods which the mother and father shall alternate. The first is from December 24th through noon on December 25th. The period is from noon on December 25th through December 26th. In 2005, the father shall have the first period and the mother shall have the second period. (6) The father shall provide all transportation for his periods of temporary physical custody with Cierra. (7) After sixty (60) days, the father can request that the conciliator schedule a further hearing to consider his obtaining additional time with Cierra. By the Court`, Marcus A. McKnight, III, Esquire For Plaintiff Stephen K. Portko, Esquire 101 Office Center, Suite A 101 South U.S. Route 15 Dillsburg, PA 17019 For Defendant Hubert X. Gilroy, Esquire Custody Conciliator :sal p <1i1IN I () N05 H. 'WIN &. MC.? INIIC.iITY Edgar B. Bayley, 'RUE OF ?iil S t'!SS';rf1Qi1`j ?'1(ll`?y „.. h NMI MW-Iry VERIFICATION The foregoing document is based upon information which has been gathered by 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. Date: September 15, 2006 4 TABITHA M. PLUMMER, Plaintiff/Petitioner V. KEVIN J. PLUMMER, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2005-1625 CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE I, Marcus A. McKnight, do hereby certify that I am this day serving a true and correct copy of the foregoing document upon the person, and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing the same with the United States Post Office in Carlisle, Pennsylvania, postage prepaid, and addressed as follows: Thomas M. Clark, Esq. 130 West Church Street Dillsburg, PA 17019 Date: September 15, 2006 By: 5 IRWIN & McKNIGHT Marcu.4A. Mc ight, II, Esq. 60 West Pomfret treet Carlisle, PA 17013 717-249-2353 Supreme Court I.D. # 25476 Attorney for the Plaintiff/Petitioner i - i?a OR TABITHA M. PLUMMER, Plaintiff/Petitioner V. KEVIN J. PLUMMER, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2005-1625 CIVIL TERM IN CUSTODY PRAECIPE TO WITHDRAW MOTION FOR A CHANGE IN VENUE To The Prothonotary: AND NOW, is 20`x' day of September, 2006, the Motion For a Change in Venue filed on behalf of the Plaintiff, Tabitha M. Plummer, is hereby withdrawn. Respectfully submitted, IRWIN cKNG T By: Marcds A. McKni ht, I; Esquire Attorney for itioner 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 717-249-2353 Supreme Court I.D. No: 25476 Date: September 20, 2006 1 TABITHA M. PLUMMER, Plaintiff/Petitioner V. KEVIN J. PLUMMER, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2005-1625 CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE I, Marcus A. McKnight, do hereby certify that I am this day serving a true and correct copy of the foregoing document upon the person, and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing the same with the United States Post Office in Carlisle, Pennsylvania, postage prepaid, and addressed as follows: Charles M Clark, Esq. 130 West Church Street Dillsburg, PA 17019 Date: September 20, 2006 IRWIN & Mc GHT By: Marcus A. McKnight, III, Esq. 60 West Pomfret Street Carlisle, PA 17013 717-249-2353 Supreme Court I.D. # 70216 Attorney for the Plaintiff/Petitioner 2 ? "" to ??` ? m ? ? ?.? ? ? ? ? ?M. ? ^ Q T £ W s' C. c. _3 6 1 TABITHA M. PLUMMER, Plaintiff/Petitioner V. KEVIN I PLUMMER, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2005-1625 CIVIL TERM IN CUSTODY PRAECIPE TO WITHDRAW MOTION TO WITHDRAW AS COUNSEL TO THE PROTHONOTARY: AND NOW, is 20`x' day of September, 2006, the Motion to Withdraw as Counsel filed on behalf of the Plaintiff, Tabitha M. Plummer, is hereby withdrawn. Respectfully submitted, IRWIN McKNI T By. Mars A. McKnig t, I, ]Esquii Attorney for Peiftioner 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 717-249-2353 Supreme Court I.D. No: 25476 Date: September 20, 2006 1 { -V TABITHA M. PLUMMER, Plaintiff/Petitioner V. KEVIN J. PLUMMER, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2005-1625 CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE I, Marcus A. McKnight, do hereby certify that I am this day serving a true and correct copy of the foregoing document upon the person, and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing the same with the United States Post Office in Carlisle, Pennsylvania, postage prepaid, and addressed as follows: Charles M Clark, Esq. 130 West Church Street Dillsburg, PA 17019 IRWIN & McKNIGHT By: Marcus A. Mc fight, II, Esq. 60 West Pomfret Street Carlisle, PA 17013 717-249-2353 Supreme Court I.D. # 70216 Attorney for the Plaintiff/Petitioner Date: September 20, 2006 2 oll cn i_ N TABITHA M. PLUMMER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KEVIN J. PLUMMER, DEFENDANT 05-1625 CIVIL TERM ORDER OF COURT AND NOW, this ?t7 day of September, 2006, Tabitha Plummer having not proceeded with her motion for a change of venue, the motion IS DENIED. A hearing on the merits of this custody case shall be conducted in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania at 10:45 a.m., Thursday, October 5, 2006. v4arcus A. McKnight, III, E: For Plaintiff ?fhomas M. Clark, Esquire For Defendant J :sal CII) LU -?- < Lu a. tai 6 ?cL C ` =3 o N TABITHA M. PLUMMER, PlaintifVPetitioner V. KEVIN J. PLUMMER, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2005-1625 CIVIL TERM IN CUSTODY MOTION FOR WITHDRAWAL OF APPEARANCE AND NOW, this 15th day of September 2006, comes the Petitioner, Marcus A. McKnight, III, Esq., and the law firm of Irwin & McKnight, and file this Motion for Withdrawal of Appearance of which the following is a statement: 1. On or about April 17, 2000, Petitioners were retained by the Plaintiff, Tabitha M. Plummer, to represent her interests in the above-captioned matter, and entered into an agreement of representation for the same. 2. The Petitioner has provided representation to Plaintiff in accordance with an agreement entered into by Petitioner and Plaintiff. 3. It was also agreed between Petitioner and Plaintiff that the remainder of the outstanding balance due for attorney services rendered in the amount of $2,941.50 must be paid before any further representation by the Petitioner. 2 4. The Plaintiff, Tabitha M. Plummer, needs additional time to pay her counsel or to obtain new counsel. 5. The Plaintiff's failure to provide payment for services provided by Petitioner has forced Petitioner to file this Motion for Withdrawal of Appearance. WHEREFORE, Petitioner respectfully request this Honorable Court to enter an Order permitting Petitioner's withdrawal from representing Plaintiff in this action. Respectfully submitted, IRWIN & By: Marcus A. McKn' h Attorney foil ze-1 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 717-249-2353 Supreme Court I.D. No: 25476 Date: September 15, 2006 3 VERIFICATION The foregoing document is based upon information which has been gathered by 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. Date: SEPTEMBER 15, 2006 3 TABITHA M. PLUMMER, PlaintifVPetitioner V. KEVIN J. PLUMMER, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2005-1625 CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE I, Marcus A. McKnight, do hereby certify that I am this day serving a true and correct copy of the foregoing document upon the person, and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing the same with the United States Post Office in Carlisle, Pennsylvania, postage prepaid, and addressed as follows: Charles M Clark, Esq. 130 West Church Street Dillsburg, PA 17019 Date: September 15, 2006 By: 4 IRWIN & McKNIGHT Fl-; Marcus A. McKni t, II Esq. 60 West Pomfret Carlisle, PA 1701reet 717-249-2353 Supreme Court I.D. # 70216 Attorney for the Plaintiff/Petitioner ?, t -, __, _._, '. s. TABITHA M. PLUMMER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KEVIN J. PLUMMER, DEFENDANT 05-1625 CIVIL TERM ORDER OF COURT AND NOW, this ?-1 day of November, 2006, following a hearing on the merits on the petition of father to modify a custody order dated June 9, 2005, IT IS ORDERED: (1) All provisions of the custody order of June 9, 2005, shall remain in effect except paragraphs 4(a) and 4(c) which are vacated and replaced with these paragraphs: 4(a) On alternate weekends from Thursday at 6:30 p.m. until Sunday at 6:30 p.m. 4(c) Three, two consecutive week (14 days) periods during July and August each year with each two week period separated by one week (seven days). These three two week periods shall be set by the father with written notice to the mother each year not later than June 1 st v4arcus A. McKnight, III, Esquire For Plaintiff /homas M. Clark, Esquire For Defendant By the Court, Edgar B. Bayley, J. :sal 1 "1 1 Y y ? .? ., 1,'l ?y h+ d ?r ; ,?-. i't C?f?': -- - . '..? 'i?:? ..a iy Kevin J. Plummer IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. Tabitha M. Plummer No. 05-1625 CIVIL TERM Defendant Custody Agreement We, Kevin James Plummer, (Father), and Tabitha Marie Plummer, (Mother), Have reached an agreement on a parenting plan for our daughter Cierra Jo Ann Plummer, born April 30, 2004. We developed this parenting agreement on the behalf of the best interests of our child. Custody We agree that Kevin James Plummer shall have sole custody of Cierra Jo Ann Plummer. All major decisions affecting her growth, health, education, welfare, and development shall be made by Kevin Plummer with input from Tabitha Plummer. If emergency medical treatment shall be required, the parent having care of the child at the time may arrange for treatment but shall notify the other parent as soon as possible. Visitation We agree on an every other weekend visitation schedule. The child Cierra Jo Ann Plummer will be picked up by the mother at Kevin Plummer's home on Friday at 6:30pm, Kevin Plummer will pick his daughter up at the mother's home on Sunday at 6:30pm. every other weekend. We agree to be flexible with our visitation schedule and that changes/revisions to the schedule will be by mutual consent. Both parents agree to notify the other parent at least 48 hours in advance if different arrangements have to be made. Holidays We the parents of Cierra Jo Ann Plummer, agree to split the following holiday equally. One Parent shall have the child for the first half of the day and the other parent the other half. Holidays- • Mother's Day - child with mother • Father's Day - child with father • Mother's Birthday -child with mother • Father's Birthday - child with father • Child's Birthday - we agree to share this day equally • Christmas Eve - we agree to share this holiday ever other year • Christmas - we agree to share this day equally • Thanksgiving - we agree to share this day equally • Easter - we agree to share this day equally Regardless of which parent our child is scheduled to visit during the regular visitation schedule, we agree to adjust our respective plans to accommodate any activities our child is involved in. Vacations Tabitha Plummer has two, two consecutive week (14 days) periods during June and August each year with each two week period separated by one week (7 days). Tabitha Plummer must notify Kevin Plummer 30 days prior to vacations. Other Stipulations At any time Cierra Jo Ann Plummer is not to be around David Mateljan, his family, or any people associated with him. Parenting Decisions We agree that is one of us is unable to take care of our child, we shall notify the other parent so that parent has the option of providing for the personal care of our child rather than a third party. We agree to notify each other of any out -area trips with the child including destination and duration of the visit. Family Communications We agree to provide each other with resident and office phone numbers and to notify one another immediately if these numbers are changes. We agree that neither party shall obstruct the development and maintenance of love and affection between the child and the other party, including reasonable communication by telephone or writing. Neither will do nor say anything that may estrange the child from the other parent. This parenting plan was developed by us in furtherance of out child's best interests. Subscribed bore me this X '-day of JU Kt , 2007 Gf?O COMMONWEALTH OF PENNSYLVANIA Notarial Seal Tina L. Lehman-Pike, Notary Public York Twp., York County My Commission Expires Feb. 18, 2008 ` Ci1?" c-n TABITHA M. PLUMMER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KEVIN J. PLUMMER, DEFENDANT 05-1625 CIVIL TERM ORDER OF COURT AND NOW, this ?-1 day of November, 2006, following a hearing on the merits on the petition of father to modify a custody order dated June 9, 2005, IT IS ORDERED: (1) All provisions of the custody order of June 9,-2005, shall remain in effect except paragraphs 4(a) and 4(c) which are vacated and replaced with these paragraphs: 4(a) On alternate weekends from Thursday at 6:30 p.m. until Sunday at 6:30 p.m. 4(c) Three, two consecutive week (14 days) periods during July and August each year with each two week period separated by one week (seven days). These three two week periods shall be set by the father with written notice to the mother each year not later than June 1st By the Court, Edgar B. Bayley, J. Marcus A. McKnight, Ill, Esquire For Plaintiff Thomas M. Clark, Esquire T UE COPY FR-, *,)M RECORD and T mony set my Band-- For Defendant :sal In sea?l]cnday T It.`, . . TABITHA M. PLUMMER, PLAINTIFF V. : KEVIN J. PLUMMER, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 05-1625 CIVIL TERM ORDER OF COURT AND NOW, this c4i??s _day of June, 2005, by agreement of the parties, the following order is entered: (1) All prior custody orders are vacated and replaced with this order. (2) Tabitha M. Plummer and Kevin J. Plummer shall have joint legal custody of Cierra Jo Ann Plummer, born April 30, 2004. (3) The mother shall have primary physical custody of Cierra. (4) The father shall have temporary physical custody of Cierra: (a) On alternate weekends from Friday at 6:30 p.m. until Sunday at 6:30 P.m. (b) If he is off work from his regular job on a weekday, he shall, upon forty-eight (48) notice to the mother, have Cierra until 6:30 p.m. (c) Two consecutive weeks during the summer with thirty (30) days notice to the mother. (d) The alternate holidays of Easter, Memorial Day, July 4th, Labor Day and Thanksgiving, with the father's first alternate holiday on July 4, 2005. (5) Christmas shall be divided into two periods which the mother and father shall alternate. The first is from December 24th through noon on December 25 th. The period is from noon on December 25th through December 26th. In 2005, the father shall have the first period and the mother shall have the second period. (6) The father shall provide all transportation for his periods of temporary physical custody with Cierra. (7) After sixty (60) days, the father can request that the conciliator schedule a further hearing to consider his obtaining additional time with Cierra. By the Court, Marcus A. McKnight, III, Esquire For Plaintiff Stephen K. Portko, Esquire 101 Office Center, Suite A 101 South U.S. Route 15 Dillsburg, PA 17019 For Defendant Hubert X. Gilroy, Esquire Custody Conciliator sal Edgar B. Bayley, y "Off 4? 1; 14. X141{ ntlit;:1':?; • .. 466 Kevin Plummer IN THE COURT OF COMMON PLEAS OF (PLAINTIFF) CUMBERLAND COUNTY, PENNSYLVANIA V. Tabitha Plummer No. 05-1625 CUSTODY AGREEMENT (DEFENDANT) CUSTODY AGREEMENT ORDER AND NOW, , 2007, the agreement attached hereto is hereby made an Order of Court and cancels the prior custody agreement. By the Court, Edgar B. Bayley, J. 046 Kevin J. Plummer Plaintiff V. Tabitha M. Plummer Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C r? 'T1 ;- No. 05-1625 CIVIL TERM r - Custody Agreement We, Kevin James Plummer, (Father), and Tabitha Marie Plummer, (Mother), Have reached an agreement on a parenting plan for our daughter Cierra Jo Ann Plummer, born April 30, 2004. We developed this parenting agreement on the behalf of the best interests of our child. Custody N C..- Cn N CA We agree that Kevin James Plummer shall have sole custody of Cierra Jo Ann Plummer. All major decisions affecting her growth, health, education, welfare, and development shall be made by Kevin Plummer with input from Tabitha Plummer. If emergency medical treatment shall be required, the parent having care of the child at the time may arrange for treatment but shall notify the other parent as soon as possible. Visitation We agree on an every other weekend visitation schedule. The child Cierra Jo Ann Plummer will be picked up by the mother at Kevin Plummer's home on Friday at 6:30pm, Kevin Plummer will pick his daughter up at the mother's home on Sunday at 6:30pm. every other weekend. We agree to be flexible with our visitation schedule and that changes/revisions to the schedule will be by mutual consent. Both parents agree to notify the other parent at least 48 hours in advance if different arrangements have to be made. Holidays We the parents of Cierra Jo Ann Plummer, agree to split the following holiday equally. One Parent shall have the child for the first half of the day and the other parent the other half. Holidays- • Mother's Day - child with mother • Father's Day - child with father • Mother's Birthday -child with mother • Father's Birthday - child with father • Child's Birthday - we agree to share this day equally • Christmas Eve - we agree to share this holiday ever other year • Christmas - we agree to share this day equally • Thanksgiving - we agree to share this day equally • Easter - we agree to share this day equally Regardless of which parent our child is scheduled to visit during the regular visitation schedule, we agree to adjust our respective plans to accommodate any activities our child is involved in. Vacations d n 5m _r7 L c rC) i rn Tabitha Plummer has two, two consecutive week (14 days) periods during June and August each . . .6 year with each two week period separated by one week (7 days). Tabitha Plummer must notify Kevin Plummer 30 days prior to vacations. Other Stipulations • At any time Cierra Jo Ann Plummer is not to be around David Mateljan, his family, or any people associated with him. Parenting Decisions We agree that is one of us is unable to take care of our child, we shall notify the other parent so that parent has the option of providing for the personal care of our child rather than a third party. We agree to notify each other of any out -area trips with the child including destination and duration of the visit. Family Communications We agree to provide each other with resident and office phone numbers and to notify one another immediately if these numbers are changes. We agree that neither party shall obstruct the development and maintenance of love and affection between the child and the other party, including reasonable communication by telephone or writing. Neither will do nor say anything that may estrange the child from the other parent. This parenting plan was developed by us in furtherance of out child's best interests. Subscribed bore me thiso?Slay of J4-14 , 2007 ; 2 ?? 44K L COMMONWEALTH OF PENNSYLVANIA Notarial Seal Tina L. Lehman-Pike, Notary Public York'iWp., York County [My Commission Expires Rob, 15, 20019 Kevin Plummer IN THE COURT OF COMMON PLEAS OF (PLAINTIFF) CUMBERLAND COUNTY, PENNSYLVANIA V. Tabitha Plummer No. 05-1625 CUSTODY AGREEMENT (DEFENDANT) CUSTODY AGREEMENT ORDER AND NOW, , 2007, the agreement attached hereto is hereby made an Order of Court and cancels the prior custody agreement. By the Court, Edgar B. Bayley, J. . I.. Kevin J. Plummer IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. Tabitha M. Plummer No. 05-1625 CIVIL TERM Defendant L ? Cn r; 's r- RS r Custody Agreement a' We, Kevin James Plummer, (Father), and Tabitha Marie Plummer, (Mother), Have reac(w-A-an y agreement on a parenting plan for our daughter Cierra Jo Ann Plummer, born April 30, 2004. W'developed this parenting agreement on the behalf of the best interests of our child. i- ` ` t Cs1 Custody We agree that Kevin James Plummer shall have sole custody of Cierra Jo Ann Plummer. All major decisions affecting her growth, health, education, welfare, and development shall be made by Kevin Plummer with input from Tabitha Plummer. If emergency medical treatment shall be required, the parent having care of the child at the time may arrange for treatment but shall notify the other parent as soon as possible. Visitation We agree on an every other weekend visitation schedule. The child Cierra Jo Ann Plummer will be picked up by the mother at Kevin Plummer's home on Friday at 6:30pm, Kevin Plummer will pick his daughter up at the mother's home on Sunday at 6:30pm. every other weekend. We agree to be flexible with our visitation schedule and that changes/revisions to the schedule will be by mutual consent. Both parents agree to notify the other parent at least 48 hours in advance if different arrangements have to be made. Holidays We the parents of Cierra Jo Ann Plummer, agree to split the following holiday equally. One Parent shall have the child for the first half of the day and the other parent the other half. Holidays- • Mother's Day - child with mother • Father's Day - child with father • Mother's Birthday -child with mother • Father's Birthday - child with father • Child's Birthday - we agree to share this day equally • Christmas Eve - we agree to share this holiday ever other year • Christmas - we agree to share this day equally • Thanksgiving - we agree to share this day equally • Easter - we agree to share this day equally Regardless of which parent our child is scheduled to visit during the regular visitation schedule, we agree to adjust our respective plans to accommodate any activities our child is involved in. Vacations Tabitha Plummer has two, two consecutive week (14 days) periods during June and August each < w year with each two week period separated by one week (7 days). Tabitha Plummer must notify Kevin Plummer 30 days prior to vacations. Other Stipulations • At any time Cierm Jo Ann Plummer is not to be around David Mateljan, his family, or any people associated with him. Parenting Decisions We agree that is one of us is unable to take care of our child, we shall notify the other parent so that parent has the option of providing for the personal care of our child rather than a third party. We agree to notify each other of any out -area trips with the child including destination and duration of the visit. Family Communications We agree to provide each other with resident and office phone numbers and to notify one another immediately if these numbers are changes. We agree that neither party shall obstruct the development and maintenance of love and affection between the child and the other party, including reasonable communication by telephone or writing. Neither will do nor say anything that may estrange the child from the other parent. This parenting plan was developed by us in furtherance of out child's best interests. Subscribed bore me thiso?k day of ?? , 2007 L.? COMMONWEALTH OF PENNSYLVANIA Notarial 9091 Tina L. Lehman-Pike, Notary Public York Twp., York County My Commission Expires Feb, 16, 2008 1 "1 IF , r' . JUL 062007 if4l Kevin Plummer (PLAINTIFF) V. Tabitha Plummer (DEFENDANT) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 05-1625 CUSTODY AGREEMENT 1 CUSTODY AGREEMENT ORDER AND NOW, -/ ? , 2007, the agreement attached hereto is hereby made an Order of Court an cancels the prior custody agreement. By the Edgar B. Lo `- LLJ rv l,U v 0 JUL 0 6 20 TABITHA M. PLUMMER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KEVIN J. PLUMMER, DEFENDANT 05-1625 CIVIL TERM ORDER OF COURT AND NOW, this ?-I day of November, 2006, following a hearing on the merits on the petition of father to modify a custody order dated June 9, 2005, IT IS ORDERED: (1) All provisions of the custody order of June 9,-2005, shall remain in effect except paragraphs 4(a) and 4(c) which are vacated and replaced with these paragraphs: 4(a) On alternate weekends from Thursday at 6:30 p.m. until Sunday at 6:30 p.m. 4(c) Three, two consecutive week (14 days) periods during July and August each year with each two week period separated by one week (seven days). These three two week periods shall be set by the father with written notice to the mother each year not later than June 1" Marcus A. McKnight, 111, Esquire For Plaintiff Thomas M. Clark, Esquire For Defendant By the Court, Edgar B. Bayley, J. T UE COPY KIM RECORD In T moray v.•I , set my hand-, sal and seal m' T 1?.i days Aw 14, TABITHA M. PLUMMER, PLAINTIFF V. KEVIN J. PLUMMER, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 05-1625 CIVIL TERM ORDER OF COURT AND NOW, this Qch:?s day of June, 2005, by agreement of the parties, the following order is entered: (1) All prior custody orders are vacated and replaced with this order. (2) Tabitha M. Plummer and Kevin J. Plummer shall have joint legal custody of Cierra Jo Ann Plummer, born April 30, 2004. (3) The mother shall have primary physical custody of Cierra. (4) The father shall have temporary physical custody of Cierra: (a) On alternate weekends from Friday at 6:30 p.m. until Sunday at 6:30 p.m. (b) If he is off work from his regular job on a weekday, he shall, upon forty-eight (48) notice to the mother, have Cierra until 6:30 p.m. (c) Two consecutive weeks during the summer with thirty (30) days notice to the mother. (d) The alternate holidays of Easter, Memorial Day, July 4th, Labor Day and Thanksgiving, with the father's first alternate holiday on July 4, 2005. (5) Christmas shall be divided into two periods which the mother and father shall alternate. The first is from December 24th through noon on December 25th. The period is from noon on December 25th through December 26th. In 2005, the father shall have the first period and the mother shall have the second period. , (6) The father shall provide all transportation for his periods of temporary physical custody with Cierra. (7) After sixty (60) days, the father can request that the conciliator schedule a further hearing to consider his obtaining additional time with Cierra. By the C Marcus A. McKnight, III, Esquire For Plaintiff Stephen K. Portko, Esquire 101 Office Center, Suite A 101 South U.S. Route 15 Dillsburg, PA 17019 For Defendant Hubert X. Gilroy, Esquire Custody Conciliator sal T.4 Edgar B. Bayley, Y y? 0 1 1P' c+ +.'' r{. n nn/1 Kevin J, Plummer 447 N. Oak St. Lititz, Pa 17543 To Whom It May Concern, Tuesday, July 3, 2007 In this envelope is Kevin Plummer's and Tabitha Plummer's new custody agreement that was signed by a notary. Kevin Plummer would appreciate if it could be signed by the judge Edgar B. Bayley, J. and filed in the courts. If you have any questions or have any problems please contact me at my home number (717) 823-6516 or my cell (717) 288- 1325 .I appreciate your time. Thank You, Kevin James Plummer KEVIN J. PLUMMER, Plaintiff V. TABITHA M. PLUMMER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 05 - 1625 Civil Term IN CUSTODY PETITION FOR SPECIAL RELIEF 1. Plaintiff/Petitioner is Kevin J. Plummer, (hereinafter referred to as "Father"), who currently resides at 16150 Reese Road, New Freedom, Pennsylvania, 17349. 2. Defendant/Respondent is Tabitha M. Plummer, (hereinafter referred to as "Mother"), who currently resides at 157 Brookwood Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Mother and Father are the natural parents of one child, namely, Cierra JoAnn Plummer, born April 30, 2004. 4. The parties previously entered into a custody stipulation which was entered as an Order of Court on July 9, 2007, and was filed under the above-captioned docket number. This stipulation and Order and the attending correspondence are attached as Exhibit A. 5. The Order provided that Father, Kevin Plummer, have "sole custody" of the child, with Mother to have periods of physical custody with the child every other weekend. 6. The parties observed the custody stipulation and Order from July 2007 through January 2009. 7. On or about January 12, 2009, Father had an argument with his girlfriend. He was subsequently arrested and spent one night in jail. 8. Upon Father's arrest, Mother assumed physical custody of the child and took her to her home in Carlisle. 9. On or about January 14, 2009, after Father was released from jail, he attempted to resume primary physical custody of the child. He went to Mother's house with a police officer. Mother told the police officer that she had filed a custody petition, whereupon the police officer advised Father he should not receive physical custody of the child. 10. To date, Father has not received notice of a Petition for Modification filed by Mother. 11. Since January 14, 2009, Mother has denied Father all contact with the child. 12. Father has attempted to resolve this issue without court involvement with no success. His finances prevented him from filing a custody petition at an earlier date. 13. Father has no other alternative but to request relief from this Honorable Court as Mother continues to deny Father physical custody of the child as of the date of this petition. 14. Father is requesting the following: a. An Order directing that primary physical custody of the child shall be immediately returned to Father. b. An Order directing that Mother should reimburse Father for additional costs And legal expenses which he has incurred to Mother's direct violation of the custody Order. c. Any other relief that this Honorable Court may deem appropriate. WHEREFORE, Plaintiff requests this Honorable Court enter an Order directly that the child shall be immediately returned to Father as well as any other such relief as this Court may deem appropriate. Date: y/-5/d9 Respectfully su 9fie Adams, Esquire . No. 79465 7 West South Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF 03/20/2009 12:24 .0 7172359447 Kavin Plnmmv (PLA'1NTM V. Tabids PIS (DE MNDAN7) THE UPS STORE PAGE 04 im to IN THE COURT OP COMMON PIFAS OF CUUMMULAND COUNTY, PBNNSYLVANIA No. OS-ICS CUSTODY ARRANT AND NOW. , 200'l, the is beeeby made as Order of Court mob ftft - ?X4FIB?<F--- 03/20/2009 12:24 7172359447 0 Itavls.L Pic WMwr rhdo Q V. THE UPS STORE CUM1)LBLAI'ID0001t1M, WLVAMA PAGE 02 tMM1.'i' Yllit ?Wefts M. PINSnt M& MM" we, Kevin son" P9lsowar, ~). end TWM t bdwk PLteearee; (Modw)6 fast ? ay?eaaet as a ps?radsI plan for oar avow Claeta Jo Am Nown r? bas APB 3% X004. W ? • ? ? ? taotisp teeaees 5 dwafopd ebp apeam mas icbsfattobat bt ofawddbL `? ra cn N We apes dtst Kevb Jattest Phtwaer dM betve cola l---ntjof Clew Jo Am PhwwMr. AB odor dwidoea @ffw ep bar vro Ab6lmW edsodl*% wmM l -. and dawlopeasi aI d1 bonsda by 1C" Fl m on wft bow *= TdMa Pi tsaar. Ifevo pst y madieil>seedeaet sbsII b ngsaed. tan pettrat bavia? and of ? ebHd at the tier tear arnsPe far Mosdseat beR absQ enltty the aWetr ptt[ettt sw tnoa ss posiblL Vblbo= We epee m as every albar wadmid vieitadot a doddL The ddd QwM Jo Am Pbmmw wM b pidwd up by the molder w Kevin Pbtatw n 0 bo¦w an May at 6:30pm. Kavi¦ Plwssm wa pick bb der obw up at do MAN 3 base as Sea ft at Mope. vrsy odw wedm& We gyre b be flm NO wieb ear vWddm ado" and do ab¦tgutevidosa b tic aobW& wM be by aota mi cowers. Be* pwetts ayw b aotiy? tY etLer pemst at btset 4f Lome i• a/vasoe if difaeast arereremeste bare b b stsda We is peeasta of Clwu Jo Am F'- a Ww to split tie fot mft bDlft oqo*. ass Parent dM bow tic ddid for to Bret bslfoftw dq erd So oior Mad ft eiar bdE HoHdgs- wobi 's ow - ddw wah tiro&w • POW* Dtpr- AM with Sher • Modw s Bielbdq -ddW with w odw • Father's 8lnbdsy - oae'Id wai littber • Child's Bletidalr - we some to dM tab dsy ego* • Cheieas 8ve - we ewes to abaratbls holWeq? ever ether yer • Car ono • we spec a sate its deer agttsibr • lbasWvite( - we epee b raw this d W egMW • Saeter. - we see to sitar *b dow eqa* Itedaedtes of w" " peeve - ear ddld is sabodded bvfsk dw ft tics @ 1 1 1s1 - tehodds, we apes a adttet osr rerpeWM PbM 1D aoeomesodets arty Udvkiw ear CMd •i• kmdvred ffi. Vaeeslo¦a Tabi&s Patae 1 ho In% two aoayeotr0 i wok (Id dip) periods dtls8 Jum and Aayeet a" 03/20/2009 12:24 7172359447 THE UPS STORE PAGE 03 w ym wM ew<k wm weds period agmmd by an weds (7 4w4 Tabift plrs Boot aoo*Kwk pier 30 daps poW a veeuioea. • At miy thm Cimm Jo Am Pltowaer is ad to be mad David Maa4wo6 bb h oft ow sty peopb anodw ed Wilk him. PW§N s Daatdate We apes go k a stm iw rdbb to orbs aw e[oor ddK we do 1, aoft the G&W PfW to dWpM at has is op" ofpravldia? hr i 1, Nod M* oi•otlrdoiidradw door a d"poooty. We low b sat * each *&W shay aot -o *%M with the sW ia&ft dud"= wod dowadaa of *0'n? lillow Co¦Meatlwaw No apse b p?v+rids ateh odrer with ?addwt tod adflow pio¦e amd, sad b w0*+ =Aw iwooaedtwtdy itllwee er bas ete d a. Ne ww aeghat pergr abwD ebatar.e vile deYBill ad saiotw¦ooe a!'br od a?eeeioa batwaea t6a chid and i alrwrpaxp, ioc?reo?oaoAb ootoooooiratba by talephooa a wdiw«. Neibar wiD do aer sty ao?lht auy.o>atafla tha do'Id flora Ibe other pwnoR'ilda pareatiag plr wasdawbpd by r bliwdswaoo ?vaoi doiid's beoot aMenab. 9rbwrflwd b ate mk5g a v of ?- + 12M goMiowr•K?I+O? afl,c ?iMoMen'?? w?a?s?w 4 ', VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: Y/3 1b9 2Ot9 APR 1 I'li Fili 1: 24 ?. . PD. oc3 1 ?GL 4t? APR 14 zoos KEVIN J. PLUMMER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 05 - 1625 Civil Term TABITHA M. PLUMMER, : IN CUSTODY Defendant ORDER OF COURT AND NOW, this j j & day of ?aj , 2009, a hearing regarding Plaintiffs Petition for Special Relief is scheduled for the 0?76C day of 8, 2009, at o2 -36 AA4./P.M in Courtroom No. 'Z of the Cumberland County Courthouse in Carlisle, Pennsylvania. Pending the hearing, Mother is Ordered to immediately turn physical custody of the child over to Father. cc: ane Adams, Esquire, for Father Xabitha M. Plummer, Mother 4 lV