Loading...
HomeMy WebLinkAbout02-1132GOLDBERG, KATZMAN & SHIPMAN, P.C. $~ Co~ iD #2~454 320 Manet Sta~e~ P.O. Box 1268 Haniabua, g. PA 17108-1261 ~ for Plaintiff JA_MIE LYNN DUEY Plaintiff', V. DAVID R. LOGAN, JR., Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. ~.--//~.~o~-~ ~t'c~Q-'~-~ CUSTODY/VISITATION COMPLAINT FOR CUSTODY 1. Plaimiff`is JAMIE LYNN DUEY, who currently resides at Salem Acres, Lot 516, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is DAVID R. LOGAN, JR., who currently resides at 109 North Clover Lane, West Hanover Township, Dauphin County, Pennsylvania. Plaintiff seeks shared legal custody and primary physical custody of the parties' Children: Names: Present Residence: Zachary Isaac Duey, bom, September 5, 1997 Christian David Duey, bom, April 17, 1999 Salem Acres, Lot 516, Mechanicsburg, Cumberland County, Pennsylvania The children were bom out of wedlock. 4. The Children presently reside with Plaintiff at Salem Acres, Lot 516, Mechanicsburg, Cumberland County, Pennsylvania. Since his birth, Zachary Isaac Duey has lived with the following persons and at the following addresses: Birth to November, 1997 144 C Lane, Willow Farm Village Swatara Township, Dauphin County, Pennsylvania Plaintiff November, 1997, to Summer, 1998 144 C Lane, Willow Farm Village Swatara Township, Dauphin County, Pennsylvania Plaintiff and Plaintiff's sister, Meghan Duey, with her daughter, Brittney Nicholson Summer, 1998, to Fall, 1998, Route 39 West Hanover Township, Dauphin County, Pennsylvania Plaintiff and Defendant Fall, 1998, to March 1, 2002 109 North Clover Lane West Hanover Township, Dauphin County, Pennsylvania Plaintiff, Defendant and Christian March 1, 2002 to present Salem Acres, Lot 516, Mechanicsburg, Cumberland County, Pennsylvania Plaintiff and Christian Birth to March 1, 2002 109 North Clover Lane West Hanover Township, Dauphin County, Pennsylvania Plaintiff, Defendant and Zachary March 1, 2002, to present Salem Acres, Lot 561, Mechanicsburg, Cumberland County, Pennsylvania Plaintiff and Zachary 5. The relationship of Plaintiffto the Children is that of mother. Plaintiff currently resides with the Children mentioned hereinabove. The relationship of Defendant to the child is that of father. Defendant currently o resides alone. 7. Plaintiffhas participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. The court, term and number, and its relationship to this action: Protection from Abuse Order dated April 20, 1998, at No. 143751998, Dauphin County, Pennsylvania, which Order was dismissed on October 2, 1998. Said Protection from Abuse Order included a provision regarding custody of Zachary at Paragraph 8. Plaintiffis awarded primary physical and legal custody of the parties' minor child, Zachary I. Duey, born September 5, 1997. Defendant shall have periods of partial physical custody supervised by a caseworker/counselor from a local agency. Supervisor shall contact Plaintiff to schedule visits." 8. Plaintiff has no other information of a custody proceeding concerning the Children pending in a court of this Commonwealth or any other state other than that mentioned in Paragraph 7 above. 9. Plaintiff`does not know of a person not a party to the proceedings who has physical custody of the Children or claims to have custody or visitation rights with respect to the children. WHEREFORE, Plalntiffrespectfully requests that the court grant her shared legal custody and primary physical custody of the Children named hereinabove. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. Post Office Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Plaintiff VERIFICATION I verify that the statements contained in the foregoing COMPLAINT FOR CUSTODY are true and correct to the best of my knowledge, information and belief. I understand that false statements contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities, ts{Q _/~/~ JAMIE LYNN DUEY PLAINTIFF V. 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : 02-1132 CIVIL ACTION LAW DAVID R. LOGAN, JR. DEFENDANT : IN CUSTODY ORDER OF COURT AND NOW, Thursday, March 14, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Meilssa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Tuesday, April 16, 2002 at 10:30 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 eom't, 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 enl~y 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: /si Melissa P. Greevy. Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 JAMIE LYNN DUEY, Plaintiff VS. DAVID R. LOGAN, JR., Defendant :IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-1132 CIVIL ACTION LAW : : IN CUSTODY ORDER OF COURT AND NOW, this 13TM day of May, 2002, the Conciliator, having been advised by Plaintiff's counsel that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction. FOR THE COURT, Custody Conciliator ¥tN'v'AqASNI",~d MAY 2 0 2002 DIANE V. CAHILL, Plaintiff VS. DUANE B. CAHILL, Defendant :IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 99-1728 CIVIL ACTION LAW . . : IN CUSTODY ORDER OF COURT AND NOW, this 13TM day of May, 2002, the Conciliator, having been advised by Plaintiff's counsel that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction. The Custody Conciliation Conference scheduled for May 14, 2002 is canceled. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator MAY 1 7 ZO0~' '~ JAMrP. LYNN DUEY : Plaintiff, : V. l .' DAVID R. LOGAN, IR., : Defendant. : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW NO. 02-1132 CUSTODY/VISITATION ORDER OF COURT AND NOW, this ,2002, having reviewed the Stipulation for an Agreed Order of Custody, the Court is satisfied that the best interests of the minor children will be served by said Stipulation, and it is hereby ORDERED AND DECREED as follows: 1. Plaintiff, JAMIE LYNN DUEY, and Defendant, DAVID R. LOGAN, JR., shall have shared legal custody of the children. 2. All major decisions concerning their children, including, but not necessarily limited to, their health, welfare, education, religious training and upbringing shall be made by the parties jointly after discussion and consultation with each other with a view toward obtaining and following a hati~onious policy in the children's best interests. 3. Neither party shall impair the other party's rights to shared legal custody of the children, nor shall they attempt to alienate the affections of the children from the other party. 4. Each party shall notify the other of any activity or circumstance concerning the children that could reasonably be expected to be of concern to the other. Day- to-day decisions shall be the responsibility of the parent then having physical custody. 5. With regard to any emergency decisions which must be made, the parent having physical custody of the children at the time of the emergency shall be peiiiiitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. 6. Each party shall be entitled to complete and full infox'mation from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to each either party as a parent. 7. Plaintiff shall have primary physical custody of the children. 8. Defendant shall have partial physical custody of the children, as follows: a. On alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m.; b. Each Tuesday beginning at 6:00 p.m. until the following morning when Defendant shall deliver the children to their day care provider or to Plaintiff as the parties shall from time to time mutually agree upon and arrange; 10. physical custody. c. The holidays shall be shared or alternated, as the parties shall from time to time mutually agree upon; however, the parties shall share Easter, Thanksgiving and Christmas each year; d. Notwithstanding the alternating weekend schedule, Defendant shall have the children on Father's Day from 10:00 a.m. until 6:00 p.m., and Plaintiff shall have the children on Mother's Day from 10:00 a.m. until 6:00 p.m.; e. No specific provision is being made in this Order for vacations, inasmuch as the parties have not historically taken lengthy vacation trips; however, the parties shall cooperate with each other in arranging vacations with the children; f. The parties shall share the birthdays of the children each year; and g. At such other times as the parties shall from time to time mutually agree upon' and arrange. The parties shall share transportation in effectuating each exchange of 11. During any period of physical custody, the parties shall neither possess nor use any controlled substances nor shall they consume alcoholic beverages to the point of intoxication. GOLDBERG, KATZMAN & SHIPMAN, P.C. Paul I. F~ixmi~o, F,~luim Supreme Cou~t I]~ ~f25454 320/d3atcet $~-eL P.O. Box 1268 Han'hburg. PA 17108-1268 At~omey~ fo~ Plaintiff JAMIF~ LYNN DUEY Plaint~, V. DAVID R. LOGAN, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW NO. 02-1132 CUSTODY/VISITATION STIPULATION FOR AN AGREI~ ORDER OF CUSTODY AND NOW, the parties stipulate and agree aa follows: 1. Plaintiff, JAMIE LYNN DUEY, is the natural mother of Zachary Isaac DueL bom September 5, 1997; and Christian David Duey, bom April 17, 1999. Defendant, DAVID R. LOGAN, JR., is the natural father of said children. 3. The parties shall have shared legal custody of the children. Accordingly, the parties agree that major decisions concerning their children, including, but not necessarily limited to, their health, welfare, education, religious training and upbringing shall be made by them jointly after discussion and consultation with each other with a view toward obtaining and following a hanaonious po]icy in the children's best interests. 4. Each party agrees not to impair the other party's rights to shared legal custody of the children. from the other party. 6. Each party agrees not to attempt to alienate the affections of the children Each party shall notify the other of any activity or circumstance concerning their children that could reasonably be expected to be of concern to the other. Day-to-day decisions shall be the responsibility of the parent then having physical custody. 7. With regard to any emergency decisions which must be made, the parent having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. 8. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent. 9. Plaintiff shall have primary physical custody of the children. 10. Defendant shall have partial physical custody of the children, as follows: a. On alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m.; b. Each Tuesday beginning at 6:00 p.m. until the following morning when Defendant shall deliver the children to their day care provider or to Plaintiff as the parties shall from time to time mutually agree upon and arrange; 10. physical custody. 11. c. The holidays shall be shared or alternated, as the parties shall from time to time mutually agree upon; however, the parties shall share Easter, Than~giving and Christmas each year; d. Notwithstanding the alternating weekend schedule, Defendar~t shall have the children on Father's Day from 10:00 a.m. until 15:00 p.m., and Plaintiff shall have the children on Mother's Day from 10:00 a.m. until 6:00 p.m.; e. No specific provision is being made in this Stipulation for vacations, inasmuch as the parties have not historically taken lengthy vacation trips; however, the parties shall cooperate with each other in arranging vacations with the children; f. The parties shall share the birthdays of the children each year; and g. At such other times as the parties shall from time to time mutually agree upon and arrange. The parties shall share transportation in effectuating each exchange of During any period of physical custody, the patties shall neither possess nor use any controlled substances nor shall they consume alcoholic beverages to the point of intoxication. 12. The parties intend that this Stipulation shall be presented to the Court for the issuance of an Order incorporating all of the terms set forth in this Stipulation. WHEREFORE, the parties hereto set forth their signatures intending to be legally bound. WITNESSES.. Paul J. F~si~Attome or Plaintiff Marl~ C. Duffle, AtdP'ney for Defendant JERRY R. DUFFLE RICHARD W. STEWART C. ROY WEIDNER, JR. EDMUND G. MYERS DAVID W. DELUCE RALPH H. WRIGHT, JR. DAVID J. LANZA MARK C. DUFFIE MELISSA PEEL GREEVY MICHAEL J, CASS1D Y ROBERTA~ WALKER LAW OFFICES JOHNSON, DUFFIE, STEWART & WEIDNER A Professional Corporation 301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WEBSITE: www.jdsw.com Mfi¥ 1 7 ZO0 : HORA CE A. JOHNSON COUNSEL TO THE FIRM KEIRSTEN WALSH DA VIDSON OF COUNSEL TELEPHONE 717-761-4540 FACSIMILE 717-761-3015 E-MAIL: mail~jdsw.com WRITER'S EXT. NO. 16 E-MAIL mcd@jdsw.com May 16, 2002 Office of the Court Administrator CUMBERLAND COUNTY COURTHOUSE One Courthouse Square Carlisle, PA 17013 Re: Jamie Lynn Duey v. David R. Logan, Jr. Cumberland County C.C.P. Docket No. 02-'1132 Civil Term - In Custody/Visitation Ladies and Gentlemen: Enclosed please find five (5) original fully executed Custody Stipulations and proposed Orders which require the review and signature of the Court. Please direct these documents accordingly and return two (2) of the signed Orders to my office in the pre-addressed, stamped envelope enclosed, and return two (2) of the signed Orders to Paul J. Esposito, Esquire, in the other pre-addressed, stamped envelope I have enclosed. Thank you for your assistance in this matter. Always feel free to call me if you have any questions or comments regarding this matter. If I am unavailable, please feel free to speak with my legal assistant, Michelle Bross. If you call other than during our normal business hours, which are 8:30 a.m. to 5:00 p.m. on weekdays, my Voice Mail extension is #16 and Michelle's is #32. Please feel free to leave a message with either one of us, and we will return your call. If you would prefer, you may contact me through my direct e-mail address, mcd@jdsw.com. Very truly yours, JOHNSON, DUFFLE, STEWART & WEIDNER mmb: 158410 12868-1 Enclosures CC: Paul J. Esposito, Esquire (without enc.) David R. Logan, Jr. (without enc.) JAMIE LYNN DUEY : PLAINTIFF : V. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-1132 CIVIL ACTION LAW DAVID R. LOGAN, JR. : IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, June 19, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, July 15, 2003 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 ali existing Protection from Abuse orders, Sl~ecial Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunday, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any heating or business before the court. You must attend the scheduled conference or heating. YOU SHOULD TAKE TItlS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPttONE 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 VINVA'IA~NN~:I 61 :l~ N~ 0~ N~lC ~0 Jamie Lynn DUEY, : Plaintiff : David R. LOGAN, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-1132 CUSTODY / VISITATION Dauphin County at Pennsylvania. PLAINTIFF'S PRELIMINARY OBJECTIONS TO DEFENDANT'S COMPLAINT FOR MODIFICATION OF CUSTODY AND NOW, comes the Plaintiff, Jamie Lynn Duey, by and through her attorney, J. Michael Sheldon, Esquire, and files these Preliminary Objections to Defendant's Complaint for Modification of Custody, and submits the following: 1. On June 13, 2003, Defendant, by and through his attorney, fried a Complaint for Modification of Custody in the above-docketed matter, in the Court of Common Pleas of Cumberland County.. Attached as Exhibit "A". 2. Defendant's counsel by way of informal letter, provided Plaintiffs counsel with a courtesy copy of the friing via U.S. Postal Service, regular mail, on June 20, 2003, noting in the courtesy letter that the filing took place in Cumberland County. 3. Plaintiff is, and has been since October 2002, domiciled in Dauphin County at 109 North Clover Lane, West Hanover Township, Dauphin County, Pennsylvania. Defendant is, and has been since October 2002 until June 12, 2003, domiciled in 109 North Clover Lane, West Hanover Township, Dauphin County, 5. Defendant vacated the parties' residence as the result of a Temporary Protection From Abuse Order of May 30, 2003, docketed in Dauphin County at 2003 CV 2408 AB, which said Temporary Order became a Final Order on June 12, 2003. 6. After being Ordered from the parties' domicile, Defendant took up domicile with his parents in Dauphin County. 7. The parties' minor children, Zachary Isaac Duey, DOB 09-05-97 and Christian David Duey, DOB 04-17-99, are, and have at all times pertinent since October 2002, remained with their natural parents, the Plaintiff and Defendant, and as result are domiciled with their biological mother, the Plaintiff, in Dauphin County, Commonwealth of Pennsylvania, where they have remained even after Defendant vacated the parties' domicile. 8. By the term domicile, in its ordinary acceptance, is meant the place where a person hves or has his home. In a strict legal sense, the domicile of a person is where he has his true, fixed, permanent house and principal establishment, and to which, whenever he is absent, he has the intention of returning. 7. Because all parties have been domiciled in Dauphin County for more than six (6) months, Plaintiff objects to this matter being filed in Cumberland County for the following reasons: a. the subject minor children are domiciled within and have significant contacts to Dauphin County; and, b. all immediate relatives are domiciled within Dauphin County; and, c. subject minor children attend school within Dauphin County; and, d. neither party to this action has significant contact with Cumberland County; and, e. Plaintiff has not acceded jurisdiction to Cumberland County. WHEREFORE, for the foregoing reasons, Plaintiff believes and therefore asserts that Cumberland County does not have proper jurisdiction to determine custody issues between Dauphin County individuals so domiciled within the county and respectfully requests this Honorable Court to dismiss Defendant's Complaint with prejudice and direct Defendant to address any custody issue within the proper jurisdiction, that being Dauphin County, Commonwealth of Pennsylvania. Date: June 26, 2003 Respectfully submitted, Pa. I.D. #83098 6059 Allentown Boulevard Harrisburg, PA 17112 Tel: (717) 657-3464 Fax: (717) 671-1258 Attorney for Plaintiff Jamie Lynn DUEY, David R. LOGAN, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-1132 CUSTODY / VISITATION CERTIFICATE OF SERVICE AND NOW, I, J. Michael Sheldon, attorney for the Defendant / Respondent, hereby certify that on the date indicated below, a true and correct copy of the foregoing PRELIMINARY OBJECTIONS was served upon the Plaintiff via United States first-class regular mail, postage prepaid, addressed to the following: Mark C. Duffle, Esquire JOHNSON, DUFFIE, STEWART & WEIDNER 301 Market Street Lemoyne, PA 17113 DATE: June 26, 2003 J. Michael Sheldon, Esquire Pa. I.D. # 83098 6059 Allentown Boulevard Harrisburg, PA 17112 Tel: (717) 657-3464 Fax: (717) 671-1258 Attorney for Plaintiff JAMIE LYNN DUEY, Plaintiff DAVID R. LOGAN, JR., Defendant IN THE COURT OF COMMON pLEAs OF' CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-1132 CUSTODYNISlTATION ORDER OF COURT AND NOW, this __ day of 2003, upon consideration of the attached Complaint for Custody, it is directed that the parties and their respective counsel appear before , the Conciliator, at , on , the day of 2003, at o'clock .m. for a Pre-Hearing Custody Conference. At such Conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter a temporary order. Either party may bring the child who is the subject of this custody action to the Conference, but the child/children's attendance is not mandatory. 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: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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 pdor 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Dist: Paul J. Esposito, Esq. P.O. Box 1268, Harrisburg1 PA 17108-1268 Mark C. Duffle, Esq., P.O. Box 109; Lernoyne, PA 17043-0109 Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle, Esquire I.D. No. 75906 301 Market Street P, O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 JAMIE LYNN DUEY, DAVID R. LOGAN, JR., Plaintiff Defendant Attomeys for Defendant In THE COURT OF COM~ON'PLEA~S Of CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-1132 CUSTODYNISlTATION COMPLAINT FOR MODIFICATION OF CUSTODY AND NOW, this ~4k day of June 2003, comes the Defendant, David R. Logan, Jr., by and through his attorneys, Johnson, Duffle, Stewart & Weidner, and files this Complaint for Modification of Custody and in support thereof avers as follows: 1. Plaintiff is Jamie Lynn Duey, who currently resides at 109 North Clover Lane, West Hanover Township, Dauphin County, Pennsylvania. 2. Defendant is David R. Logan, Jr., who currently resides at 109 North Clover Lane, West Hanover Township, Dauphin County, Pennsylvania. 3. Defendant seeks shared legal custody and primary physical custody of the parties' children: Zachary Isaac Duey (DOB: September 5, 1997) and Christian David Duey (DOB: April 17, 1999). 4. The children were born out of wedlock. 5. The children currently reside with Plaintiff and Defendant at 109 North Clover Lane, West Hanover Township, Dauphin County, Pennsylvania 17112. TRUE COPY FROM RECORD kn Testimony whereof, I hm'e unto set my addresses: addresses: Since his birth, Zachary Isaac Duey has lived with the following persons at the following Birth to November, 1997 144 C Lane, Willow Farm Village Swatara Township, Dauphin County, Pennsylvania Plaintiff November, 1997 to Summer, 1998 144 C Lane, Willow Farm Village Swatara Township, Dauphin County, Pennsylvania Plaintiff and Plaintiff's sister, Meghan Duey, with her daughter, Britney Nicholson Summer, 1998 to Fall, 1998 Route 39 West Hanover Township, Dauphin County, Pennsylvania Plaintiff and Defendant Fall, 1998 to March 1, 2002 109 North Clover Lane West Hanover Township, Dauphin County, Pennsylvania Plaintiff, Defendant, and Christian March 1, 2002 to October 2002 Salem Acres, Lot 516 Mechanicsburg, Cumberland County, Pennsylvania Plaintiff and Christian October 2002 to present 109 North Clover Lane West Hanover Township, Cumberland County, Pennsylvania Plaintiff, Defendant, and Christian Since his birth, Christian David Duey has lived with the following persons and at the following Birth to March 1, 2002 109 North Clover Lane West Hanover Township, Dauphin County, Pennsylvania Plaintiff, Defendant, and Zachary March 1, 2002 to October 2002 Salem Acres, Lot 516 Mechanicsburg, Cumberland County, Pennsylvania Plaintiff and Zachary October 2002 to present 109 North Clover Lane West Hanover Township, Cumberland County, Pennsylvania Plaintiff, Defendant and Zachary 8. The relationship of Plaintiff to the children is that of natural Mother. Plaintiff currently resides with Defendant and the children as mentioned hereinabove. 9. The relationship of Defendant to the children is that of natural Father. Defendant currently resides with the Plaintiff and the children as mentioned hereinabove. 10. Plaintiff and Defendant have participated as a party or witness, in another capacity, n other litigation concerning the custody of the children in this or another court. There was a Protection from Abuse Order, dated April 20, 1998, at Docket No. 143751998, Dauphin County, Pennsylvania, which Order was dismissed on October 2, 1998. 11. Plaintiff has no other information of a custody proceeding concerning the children pending in a Court of this Commonwealth or any other state other than that mentioned in Paragraph 10. 12. Defendant does not know of a person not a pady to the proceedings who has physical custody of the children or claims to have custody or visitation dghts with respect to the children: 13. It would be in the best interest of the children to grant the prayer requested modifying the current Custody Order because: The Plaintiff has repeatedly demonstrated that she is at times unable to render responsible care to the children, caused by alcohol use/abuse. The Plaintiff, since resuming cohabitation with the Defendant, has regularly stayed out all night "partying," not returning home until the next day. The Plaintiff's actions are having an adverse impact on the children as they are old enough to understand the problems their Mother is experiencing. The Defendant can provide a stable household and the responsibility required in raising two young children. The Plaintiff's use/abuse of alcohol is having an adverse impact on her ability to responsibly care for the children. The Plaintiff's lack of responsibility has caused the minor children to be late for school and her actions evidence a disregard for the children's well being. WHEREFORE, Defendant respectfully requests the Court grant him shared legal custody and primary physical custody of the children named herein. :214234 Respectfully submitted, JOHNSON, DUFFLE, S~ ~-W/~WEIDNER 099999~30020/June 3, 2003/MCD/PAR/IO~'~63 / VERIRCA TION The statements in this Complaint for Modification of Custody are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have mad the statements; and to the extent that they are based upon information which I have given to my counsel, they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unswom falsification to authorities. DATE.',~'C~ q ~ ~ .00o~ DA~i~:) -I(.. LOz~l, JR. -6- CERTIFICATE OF SERVICE AND NOW, this YL~-- day of June 2003, the undersigned does hereby certify that a copy of the foregoing document was served upon the other parties of record in the following manner: By Facsimile and First Class U.S. Mail to: Paul J. Esposito, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 By Certified Mail, Restricted Delivery, and First Class U.S. Mail to: Ms. Jamie Lynn Duey 109 N. Clover Lane Harrisburg, PA 17112 JOHNSON, DUFFLE, STEWART & WEIDNER By: ' Michelle M. Bross Legal Assistant JUL 18 2003 JAMIE LYNN DUEY VS. Plaintiff DAVID R. LOGAN, JR. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-1132 CIVIL ACTION LAW IN CUSTODY ORDER AND NOW, this 15th . day of July 2003 , the conciliator, being advised by defendant's counsel that in response to plaintiff's preliminary objections, defendant will re-file his Petition for Modification in Dauphin County, hereby relinquishes jurisdiction. The Custody Conciliation Conference scheduled for today is cancelled. FOR THE COURT, Custody Conciliator Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 7614540 Attorneys for Defendant JAMIE LYNN DUEY, Plaintiff DAVID R. LOGAN, JR., : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NQ. 02-1132 Civil Term CIVIL ACTION - LAW IN CUSTODY PETITION FOR CHANGE OF' VENUE pURSUANT TO Pa.R.C.P. ,,~7006 AND NOW, this ,,°'J"'aday of July 2003, comes Defendant David R. Logan, Jr., by and through his attorneys, Johnson, Duffle, Stewart & Weidner, and files this Petition for Change of Venue for Petitioner's Complaint for Modification of Custody, and in support thereof submits the following: 1. On March 6, 2002, the Plaintiff, by her former counsel, Paul J. Esposito, Esquire, filed a Complaint for Custody in the Court of Common Pleas of Cumberland County to Docket No. 02-1132 Civil Term. 2. On or about April 16, 2002, the parties, at the custody conciliation, arrived at a stipulation for an agreed Order of Custody, which was entered as an Order of Court on May 20, 2002. 3. At that time, the Plaintiff and the minor children were residing at Salem Acres, Lot 516, Mechanicsburg, Cumberland County, Pennsylvania. The Defendant at all times relevant hereto has resided at 109 N. Clover Lane, Harrisburg, Dauphin County, Pennsylvania. 4. In October 2002, the parties reconciled and began cohabitating at 109 N. Clover Lane, Harrisburg, Pennsylvania. 5. The parties have recently separated and both are currently living at separate residences in Dauphin County. 6. The Plaintiff currently resides at 109 N. Clover Lane, Harrisburg, Dauphin County, Pennsylvania. 7. The Defendant currently resides at 7580 Mornin§lstar Avenue, Harrisburg, Dauphin County, Pennsylvania. 8. The Defendant, by and through his counsel, filed a Complaint for Modification of Custody in Cumberland County on June 13, 2003. 9. A custody conciliation had been scheduled before Dawn S. Sunday, Esquire, on July 15, 2003, at 11:30 a.m. 10. On June 26, 2003, Plaintiff, by and through her current counsel, J. Michael Sheldon, Esquire, filed Preliminary Objections t ' · · o Defendant s Complaint for Modification of Custody. 11. In light of the fact that all parties are currently residing in Dauphin County, the Defendant, by and through his undersigned counsel, requests this Honorable Court to transfer the custody file in its entirety to the Court of Common Pleas of Dauphin County. 12. Counsel for Plaintiff has no opposition to this request. WHEREFORE, Defendant David R. Logan, Jr., respectfully requests this Honorable Court transfer the docket and the pending Complaint for Modification of Custody to the Court of Common Pleas of Dauphin County, and assess all costs for the same upon Defendant as set forth in Pa.R.C.P. §1006. The Defendant further requests this Honorable Court waive the hearing requirement under PaR.C.P. §1006(d)(2) in light of the fact that both parties agree to transfer the matter to the Court of Common Pleas of Dauphin County. :216046 Respectfully submitted, JOHNSON, DUFFLE, STEWART & WEIDNER ,CERTIFICATE OF SERVICF AND NOW, this. ?-~D--day of July 2003, the undersigned does hereby certify that a copy of the foregoing document was served upon the other parties of record in the following manner: By First Class U.S. Mail to_: J. Michael Sheldon, Esquire 6059 Allentown Boulevard Harrisburg, PA 17112 Dawn S. Sunday, Esquire Custody Conciliator 39 W. Main Street Mechanicsburg, PA 17055 JOHNSON, DUFFLE, STEWART & WEIDNER Michelle M. Bross Legal Assistant AUG ZO0 JAMIE LYNN DUEY, Plaintiff : DAVID R. LOGAN, JR., : Defendant : IN THE COURT OF COMMON PLEAS OF CUIvlBERLAND COUNTY, PENNSYLVANIA NO. 02-1132 Civil Term CIVIL ACTION - LAW IN CUSTODY ORDER OFCOURT ANDNOW, this~'~dayof~ 2003, after having reviewed the attached Petition for Change of Venue, it is hereby Ordered and Decreed that the custody matter docketed to 02-1132 Civil Term and any pending pleadings be immediately transferred to the Court of Common Pleas of Dauphin County. Costs of reproduction shall be levied upon Defendant. DISTRIBUTION: Michael Sheldon, Esquire, 6059 Allentown Boulevard, Harrisburg, PA 17112 Duffle, Esquire, Johnson, Duffle, Stewart & Weidner, P.O. Box '109, Lemoyne, PA 17043-0109