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HomeMy WebLinkAbout02-1510CHRISTOPHER FINKENBINDER, Plaintiff VS. AMBER DEMOI-i', Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NC~-/6/~)CIVIL TERM CUSTODY COMPLAINT FOR CUSTODY l. The Plaintiff is Christopher Finkenbinder, residing at 157 Betty Nelson Court, Carlisle, Cumberland County, PA. 2. The Defendant is Amber Demott, residing at 28 East 100 North, Brigham City, Utah 84302, who formerly resided at 16 West Main Street, Apt. 2, Newville, Cumberland County, Pennsylvania. 3. The Plaintiff seeks custody of the following children: Name Date of Birth A.qe Jacob Christopher Finkenbinder 2/1/98 4 years Justin Edward Finkenbinder 2/1/98 4 years Jayde Elizabeth Finkenbinder 11/6/93 9 years The children were born out of wedlock. The children are presently in the custody of Amber Demott, who resides at 28 East 100 North, Brigham City, Utah, 84302. 4. During the children's lifetime, they have resided with the following persons and at the following addresses: Name Address Amber Demott and College Park Apts. Christopher Finkenbinder Date 1997 to July 1999 Amber Demott and Betty Nelson's Court Christopher Finkenbinder Carlisle, PA Feb. 2001 to May/June 2001 Amber Demott and Ann Willie (Grandmother) 320 Mt. View Road, Shippensburg, PA 17257 Amber Demott and unknown mate RR2, Box 137A July 1999 to Feb. 2001 Enon Valley, PA 16120 Amber Demott and unknown mate Amber Demott and and Della Berwell Newville, PA May/June 2001 to Feb.21,2002 28 East 100 Nodh Feb. 21,2002---present Brigham City, Utah 84302 The mother of the children is Amber Demott, who resides at 28 East 100 North, Brigham City, Utah 84302, and who formerly resided at 16 West Main Street, Apt. 2, Newville, Cumberland County, Pennsylvania. The father of the child is Christopher Finkenbinder, currently residing at 157 Betty Nelson Coud, Carlisle, PA 17081. He is not married; he lives alone. 4. The relationship of Plaintiff to the children is that of Father. 5. The relationship of Defendant to the children is that of Mother. 6. The Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or any other court. 7. The Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 8. The 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. 9. The best interest and permanent welfare of the children will be served by granting the relief requested. 10. Each parent whose parental rights to the children have not been terminated has been named as parties to this action. WHEREFORE, the Plaintiff requests that this Court grant custody to him. Date: '-~//'/~7~ ,2002 Respectfully submitted, Al~om & Kutulakis, L.L.P. Carlisle, PA 17013 717-249-0900 Attorney for Plaintiff Christopher Finkenbinder, Plaintiff VS. Amber Demott, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. CIVIL TERM : : CUSTODY VERIFICATION I verify that the statements made in the foregoing Complaint for Custody are true and correct. I understand that false statements herein are made subject to the penalties 18 Pa.C.S. ~4904, relating to unswom falsifications to authorities. Date Christopher Finkenbinder CHRISTOPHER FINKENBINDER, Plaintiff VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1510 CIVIL TERM AMBER DEMOTr, Defendant CUSTODY AFFIDAVIT OF SERVICE I, John J. Aborn, hereby certify that I served a tree and correct copy of the Custody Complaint upon the Defendant, receipt of which is acknowledged on the attached receipt card on April 2, 2002. Date: April 9, 2002 Respectfully submitted, ABOM & KUTULAKIS Carlisle, PA 17013 Attorney for Plaintiff · Complete items 1,2, and 3. Als0 complete item 4 if Restricted Delivery is desired. · I~lnt.you~. name and address on the reverse · o that we can return the card to you. · Attach ~his card to the back of the mailpiece, or on the front if space permits. A. Rec~ved by OWease Print Cleady) B.~o~ll~l/el~ [] Agent Addre~ D. I$ delivery address different fTom item if YES, enter delivery address below: [] No CHRISTOPHER FINKENBINDER PLAINTIFF V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : 02-1510 CIVIL ACTION LAW AMBER DEMOTT DEFENDANT : 1N CUSTODY ORDER OF COURT AND NOW, Tuesday, April 09, 2002 , 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, May 09, 2002 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. 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: /si Hubert X. Gilroy, Esqo~3/t~ 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 CHRISTOPHER FINKENBINDER, Plaintiff AMBER DEMOTT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02- 1510 CIVIL IN CUSTODY COURT ORDER AND NOW, this ~ 7 day of May, 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: A hearing is scheduled in the above matter for Thursday, May 30, 2002, at 9:30 a.m. in the Cumberland County Courthouse. At this hearing, the Mother, Amber Demott, 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 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 with the court on or before Tuesday, May 28, 2002. e Edgar B. Bayley ~-~ John A. Abom, Esquire Joan Carey, Esquire The Mother, Amber Demott, may remain in Utah with the minor children pending the hearing. However, the Mother shall bring the minor children to Pennsylvania for the hearing and shall deliver custody of the minor children to the Father at or about 6:00 p.m. on Tuesday, May 28, 2002 so Father may exercise custody with the minor children for a period of time prior to the scheduled hearing. _- CHRISTOPHER FINKENBINDER, Plaintiff V AMBER DEMOTT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02 - 1510 CIVIL : IN CUSTODY Prior Judge: 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: The pertinent information pertaining to the children who are the subject of this litigation is as follows: Jacob Christopher Finkenbinder, born February 1, 1998; Justin Edward Finkenbinder, born February 1, 1998; and Jayde Elizabeth Finkenbinder, born November 6, 1993. A Conciliation Conference was held on May 9, 2002, with the following individuals in attendance: The Father, Christopher Finkenbinder, with his counsel, John Abom, Esquire; and the Mother, Amber Demott, with her counsel, Joan Carey, Esquire. The parties in this case separated, after a number of prior separations, in June 2001. Since that time, the Mother has exercised primary physical custody of the minor children. There is somewhat of a dispute as to how much time the Father has exercised with the children since separation, with the Father suggesting essentially time on every alternating weekend, while the Mother suggests Father's time has been less than a regular alternating weekend schedule. Regardless, in February of this year the Mother unilaterally moved to Utah without notifying the Father in advance. The children have been living with the Mother in Utah since February and the older child at least is in school in Utah. The conciliator is of the opinion to require the Mother to return immediately to Pennsylvania with the children pending a hearing. However, in light of the fact that the court is scheduling a hearing so quickly in this case, the conciliator is not going to recommend any change in the current custodial situation. 5. The conciliator recommends the entry of an order in the fori~ as attached. DATE u b; yX o ni l squ re CHRISTOPHER FINKENBINDER, Plaintiff VS. AMBER DEMOTT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-1510 CIVIL TERM : : PROTECTION FROM ABUSE AND CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Amber Demott, Defendant, to proceed in forma pauperis: I, Joan Carey, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal service to the party. Attorney for Defendant MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 CHRISTOPHER FINKENBINDER, PLAINTIFF V. AMBER DEMO-I-r, DEFENDANT order. IN THE COURT OF C. : CUMBERLAND COU~ : 02-1510 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this I '~ ~ day of June, 2002, the followi~ (1) The interim order entered on May 13, 2002, is vacate¢ (2) Amber DeMott and Christopher Finkenbinder shall hal custody of Jayde Finkenbinder, born November 6, 1993, Justin F February 1, 1998, and Jacob Finkenbinder, born February 1,199 (3) The mother shall have primary physical custody of Ja and may have the children live with her in Brigman City, Utah. (4) The father shall have periods of temporary physical c~ (a) For a continuing period until Saturday, August summer school vacation periods, from one week al ends until the first weekend in August. (b) From noon on Christmas day each year until eit thereafter depending on the travel arrangements m~ return the children to Utah. 3MMON PLEAS OF ITY, PENNSYLVANIA g order is entered: and replaced with this e shared legal nkenbinder, born B. de, Justin and Jacob, stody as follows: 2002. In future ;r the school year 3er December 30t~ or ~de by the mother to .~l~hn A. Abom, Esquire For the Father .~For n Carey, Esquire the Mother 02-1510 CIVIL TERM (c) During such periods as he may visit with the ch Utah, consistent with their school schedules. (d) For the father's periods of temporary physical c summer and at Christmas, the parents shall divide transportation for the children. Edgar B. Bayley, :saa Idren in Brigman City, Jstody during each .~qually the costs of TRUE COPY :ROM RECORD In Testimony whereof, I here unto set my hand and the seal of said £oUrt at carlisle, Pa. '' - Ptothonotary /"~' CHRISTOPHER FINKENBINDER, PLAINTIFF V. AMBER DEMO-II', DEFENDANT IN THE COURT OF C CUMBERLAND COUI 02-1510 CIVIL TERM IN RE: CUSTODY OPINION AND ORDER OF COURT Bayley, J., June 13, 2002:-- Christopher Finkenbinder, age 29, and Amber DeMott, ag a daughter, Jayde Finkenbinder, born November 6, 1993, age 8 and Jacob Finkenbinder, ages 4, who were born February 1, 19 this complaint for custody of the three children on March 28, 20£ conciliation conference, an interim order was entered on May 13 first custody order ever entered regarding Jayde, Justin and Jac( that the mother could remain in Utah with the children until a cus conducted, and she would bring the minor children to the hearir conducted on May 30, 2002. The parents agreed that the childl father for a period of time during this summer pending a further father, besides seeking primary physical custody, seeks an ord( from having the children in Utah. The mother seeks primary phy permission to have the children live with her in Utah. She repres allowed to have the children live with her in Utah, she will return OMMON PLEAS OF ~TY, PENNSYLVANIA 27, are the parents of and twin boys, Justin 18. The father filed 2. Following a 2002. This was the b. The order provides :ody hearing was The hearing was will stay with the rder of court. The prohibiting the mother sical custody, and ented that if she is not o this area of 02-1510 CIVIL TERM Pennsylvania, where both parties agree that she would have prin The parents did not live together when Jayde was born, al been married. The mother and father started to live together in 1994. They broke up in January, 1999. They lived together ag from September, 1999 to September, 2000. In September, into a domestic violence shelter for a short time, and then lived f( mother's home in Shippensburg, Cumberland County. Up to tha' had always lived with the mother, or with both parents during the together. At the end of November, 2000, the mother moved to Pennsylvania to live with a boyfriend. She took Justin and Jaco Jayde with her mother in Shippensburg so as to not disturb her an incident in February, 2001, when her boyfriend broke her ja~ back to Cumberland County, and into the mobile home of the fatl father and the three children then lived together until June, 2001 mother moved into an apartment with the children in Newville, C[ February, 2002, the mother moved with the three children into Brigman City, Utah, which is near Salt Lake City. She did not tel moving, but she did call him on the evening she left, and told hirr She testified that she relied on the advice of an attorney who tole move the children to Utah without obtaining a court order becaus custody order in place. The mother and the children lived with h~ -2- ~ary physical custody. ~d they have never n apartment in April, in in a mobile home 10, the mother moved ,r three weeks in her :point, the children )eriods they lived ion Valley in western with her. She left chool that year. After the mother moved er. The mother and At that time, the mberland County. In e home of her aunt in the father she was where she was going. her that she could e there was no ;r aunt in Brigman City 02-1510 CIVIL TERM until she obtained her own three-bedroom apartment on April 1 During the periods when the parents have been separate( seen the children regularly. He would see them when it was con mother urging him to take them more often. The father has had few overnights, and has seldom taken all three at the same time effort to see them during the little over two months that the moth~ Valley at the end of 2000 and the beginning of 2001, although hE Jayde was with the maternal grandmother in Shippensburg durin separation in June, 2001, the mother would sometimes take the, home, and even stay overnight herself, so that he would have tin Thanksgiving, he spent one hour with the children. Last Christm father stay at her house overnight so he could spend time with ti" 2002, the maternal grandmother died in Utah. The mother flew t funeral. During the six days she was gone, the father agreed to~ children, although the mother had to find a care provider while h( her move to Utah, the father called the children two days later, a~ two weeks later? Lately, he has been calling them more often. occasions called the father so he could talk to the children. He children any letters. Both parents agree that the children were ~ The children were still living in Newville with their mother on Fei the birthday of Justin and Jacob. The father forgot to call them ti -3- 2002. the father has never enient despite the he children on very He never made an ;r was living in Enon , did not know that that period. After the ~ildren to the father's te with them. Last as, the mother had the e children. In January, Utah to attend the ike care of the was working. After d then called them 'he mother has on as not sent the (cited and happy to )ruary 1st, which was tat day. 02-1510 CIVIL TERM see their father when they arrived from Pennsylvania on May 28~ The mother testified that there has been a history of dome mental and verbal, during all periods when she lived with the fath that he never physically abused the mother. The mother presse( only one occasion in 1999. Those charges were resolved with th to a count of summary harassment. The mother testified that ow would often threaten to take the children from her. When she de she did not tell him that she was going, and in fact told him that move, because she feared that he would take the children from The mother has a sporadic work history. Before she mo~ 2001, she was a waitress at an restaurant in Shippensburg for a Newville she worked as a waitress at the Carlisle Truck Plaza for took a job at a Cracker Barrel restaurant. She later lost that job too much time because of difficulty in obtaining reliable, afforda[ April 1, 2002, the mother works full-time as a nursing assistant in facility. She earns $6.50 an hour. She works 2:30 p.m. to 11:00 with two days off each week. Two of those days off are on a wee week. In addition, the mother attends six hours of class each w( certified nursing assistant. She will take a test to become a certil July of this year. If she passes, her salary will increase to $7 per certification will allow her to seek employment in hospitals. She -4- ;tic violence, physical, er. The father testified criminal charges on .~ father pleading guilty ;r the years the father :ided to move to Utah he was not planning to er. ~d to Newville in June, ,ear. VVhile living in six months. She then ,ecause she took off e childcare. Since an assisted living ).m. on variable days kend every other ~ek to become a ied nursing assistant in hour and her ~opes to eventually 02-1510 CIVIL TERM become a licensed practical nurse. When she is working or at cl~ mother's two aunts, Kathy Stone and Della Burwell, provide care and for Jayde when she is not in school. The mother receives $' month, food stamps, medical assistance, a welfare payment for by her aunts, and a welfare payment for her certified nursing as~ receives $90 a week child support from the father. Until 1998, the father had various jobs. Since 1998, he ha worker at Carlisle Tire & Wheel. He works a swing shift on a fou~ day schedule. On the first Monday through Friday, he works 6:3( is then off between Saturday and Wednesday. On the next Thur. works 2:30 p.m. to 10:30 p.m., then on Saturday from 10:30 a.m. then works on Sunday through Wednesday from 2:30 p.m. to 10: Thursday. For the next seven days between Friday and Thursda to 6:30 a.m. and then he is off between Friday and Sunday. He E In 2001, he earned $23,890. The mother testified that she was homesick to return to Bri to Utah for a better life for her and her children. She lived in Brigl birth until she was twelve years old. Three aunts, two uncles, an~ live there. She has a brother who lives an hour and a half away, lives nearby in Idaho, both of whom have seen the children. Her and he too has seen the children. The mother's workplace, and -5- iss, one of the for Justin and Jacob, 35 cash assistance a le childcare provided stant classes. She s been a production -week, twenty-eight a.m. to 2:30 p.m. He day and Friday he to 10:30 p.m. He 30 p.m., and is off ~,, he works 10:30 p.m. ,arns $13.59 per hour. gman City and moved nan City, Utah from many of her cousins ~nd an uncle who Father lives in Arizona, le homes of her 02-1510 CIVIL TERM aunts, are within walking distance of her apartment. She feels th established stability for herself and her children in Utah that she accomplish while living in Pennsylvania. The maternal grandmo' in Shippensburg and has had a close relationship with the childrE seldom taken care of all three of them at the same time because her to handle. She testified that her daughter and the father wen difficult times, and that she has never seen her daughter so hap[ new life in Brigman City. An aunt, Kathy Stone, testified that the children have settl~ mother cares very well for them. On days the she works, the mo Stone's home at 2:00 p.m. VVhen Jayde is in school her aunt pic Bum/ell, another aunt, helps Stone if there is a conflict. She testi attend church with her if the mother is working. The mother testi' of the twins is much better now that her aunts have helped her. completing second grade in Utah, and better than she did in Ne~ Justin and Jacob do not start Kindergarten until the 2003-2004 s, mother plans to put them into a headstart program for the 2002-; is a member of the Church of Jesus Christ and the Latter Day Sa attended church with the children when she lived in Cumberland continues to attend church in Utah. The father testified that he loves his children and he belie~ -6- at she has already vas never able to her, Thora Willie, lives ,n, although she has the twins are a lot for t through some very .y since she started a .~d in well, and that the ther takes the boys to cs her up. Della ~ied that the children led that the discipline layde has done well ville Elementary. :hool year, but the 003 year. The mother ints. She regularly County, and she 'es he can provide for 02-1510 CIVIL TERM all of their needs. The father lives in a three-bedroom house in County that he rented in April, 2002. His cousin's wife, Stephan nearby with her husband and children ages 11 and 15. She has Saturdays between 8:00 a.m. and noon at the Plainfield post offi~ father that she will care for Jayde, Justin and Jacob when he is v Saturdays when she works her aunt will watch the children. The' divorced. His mother lives in Carlisle and his father lives in Plain grandmother had some contact with the children in the early yea We must determine what is in the best interest of the chile factors legitimately affecting their physical, intellectual, moral, spi Swope v. Swope, 689 A.2d 264 (Pa. Super. 1977). In Gruber v. Super. 174 (1990), the Superior Court of Pennsylvania set forth consider in determining whether a custodial parent should be pe children outside the geographical area of the non-custodial parel 1. the potential advantages of the proposed mc that the move would substantially improve ti' custodial parent and the children and is not 1 momentary whim on the part of the custodia 2. the integrity of the motives of both the custo~ parent in either seeking the move or seekinc. 3. the availability of realistic, substitute visitatio will adequately foster an ongoing relationshi and the non-custodial parent. In Beers v, Beers, 710 A.2d 1206 (Pa. Super. 1998), the -7- lainfield, Cumberland Finkenbinder, lives part-time job on :e. She has told the ,orking, and on ~ather's parents are ~ield. The maternal 's but that has waned. ren, considering all ritual wellbeing. Gruber, 400 Pa. hree factors to 'miffed to relocate it: ~ve and the likelihood e quality of life for the he result of a parent; rial and non-custodial to prevent it; arrangements which between the child ;uperior Court stated 02-1510 CIVIL TERM that it has consistently held that Gruber "refines upon, but does determinative inquiry as to the direction in which the best interes to the first Gruber factor, the Superior Court stated in Anderson 472 (Pa. Super. 1999): A court need not consider only economic be~ determining whether relocation substantially impro~ the parent .... Rather, '~vhen the move will signifi¢ general quality of life for the custodial parent, indire children with whom they reside." This is because "1 child are more closely aligned with the interest and lot alter the basic and s of the child lie." As v. McVay, 743 A.2d lefits when es the quality of life of antly improve the ct benefits flow to the he best interests of the quality of life of the custodial parent .... "[T]here is no need.., to shcw an independent benefit, apart from that of [the moving party], flowing to the children because of the relocation. [See] Zalenko v. White~701 A.2d 227, 229 (Pa. Super. 1997). (Other citations omitted.) In Ferdinand v. Ferdinand, 763 A.2d 820 (Pa. Super. 2000), the Superior Court reversed an order of the trial court denying a mother's petition to economic improvements in the mother's quality of life and happir benefit of the children. In Burkholder v. Burkholder, 790 A.2d 2002), the Superior Court, affirming a mother's petition to reloca! court credited the testimony of the mother's son that she was mi testimony of numerous others that the children were thriving, hal extended family. In the case sub judice, this young mother has always stn three active children under her primary care. The father has see irregularly, and he has rarely had them for more than one overni -8- relocate where non- ~ess would inure to the 1053 (Pa. Super. ~, noted that the trial ch happier, and the ,py and surrounded by ~ggled to raise the the children ~t at a time. While the 02-1510 CIVIL TERM mother was in Pennsylvania, she received some help from her rr all three children at the same time. In Brigman City, Utah, the m, home, she now has a network of supportive family members. S~ distance of her aunts, participates in family gatherings, and regul with the children and her extended family. The childcare provide helped her maintain her full-time job that she enjoys, and gives advance in that job by taking classes for a certification. She ha~ obtaining a degree as a licensed practical nurse. We credit the t maternal grandmother that her daughter, who has gone through with the new life she has started in Brigman City. This stability a family has correspondingly improved the quality of life for the thn developed meaningful relationships with their extended family. testimony of the mother that the twins are better behaved due t( and Jayde's grades shows that she has adjusted well to her new The mother's move to Utah was motivated by a desire to home and raise her children within the supportive network of he~ has already obtained a degree of stability and security that she Pennsylvania. She did not move to Utah on a whim, or to frustr relationship with the children. She realizes that the father's rela~ children is important, and has encouraged him to maintain conta There is no evidence that the father's resistance to the children -9- other, but seldom with )ther's childhood e lives within walking arly attends church d by the aunts has er the opportunity to established a goal of ~stimony of the so much, is very happy 3d connection with ;e children. They have ~/e also credit the their aunt's discipline, school. eturn to her childhood extended family. She ever had in te the father's ionship with the :t with the children. ~oving to Utah is 02-1510 CIVIL TERM inspired by improper motives. He is concerned about his ability ~) continue a meaningful relationship with his children despite the fact that his :ontact with them before they went to Utah was sporadic at best. Generally, roundtrip airfares between Harrisburg and Salt Lake City range from $265 to $350. The mother is willing to have the children spend )e better part of each summer with the father. During the Christmas vacation period e will bring the children here, and she will stay with her mother. She is willing to split the cost of the airfare for the children with the father. If the father will visit the ct~ildren in Utah, she will arrange for a place for him to stay. Such arrangements are prac~ ical, and will actually provide the father with far more meaningful time with his children then he has ever exercised. Considering all of the evidence, we are satisfied that the b sst interest of Jayde, Justin and Jacob are that the mother has primary physical custo¢ y of them in her home in Brigman City, Utah. We will enter an order that will provide the father with realistic temporary periods of physical custody that will adequately foster ~s ongoing relationship with them. ORDER OF COURT order. AND NOW, this ~ day' of June, 2002, the followin (1) The interim order entered on May 13, 2002, is vacateC (2) Amber DeMott and Christopher Finkenbinder shall ha~ -10- order is entered: and replaced with this e shared legal 02-1510 CIVIL TERM custody of Jayde Finkenbinder, born November 6, 1993, Justin February 1, 1998, and Jacob Finkenbinder, born February 1, 1 (3) The mother shall have primary physical custody of and may have the children live with her in Brigman City, Utah. (4) The father shall have periods of temporary physical c~ (a) For a continuing period until Saturday, August: summer school vacation periods, from one week at ends until the first weekend in August. (b) From noon on Christmas day each year until ei thereafter depending on the travel arrangements n' return the children to Utah. (c) During such periods as he may visit with the ch Utah, consistent with their school schedules. (d) For the father's periods of temporary physical summer and at Christmas, the parents shall divide transportation for the children. Edgar B. Bayley, -11- 'inkenbinder, born ~8. ~de, Justin and Jacob, ~stody as follows: 2002. In future ter the school year Iher December 30~ or ade by the mother to ildren in Brigman City, ustody during each squally the costs of 02-1510 CIVIL TERM John A. Aborn, Esquire For the Father Joan Carey, Esquire For the Mother :saa -12- CHRISTOPHER FINKENBINDER, Petitioner V AMBER DEMOTT, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO. 02-1510 CIVIL IN CUSTODY PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF CUSTODY ORDER AND NOW, this 13th day of January, 2003, comes the plaintiff, Christopher Finkenbinder, by and through his attorney, John A. Aborn, Esquire, of ABOM & KUTULAKIS, L.L.P., and files this Petition for Civil Contempt pursuant to Pennsylvania Rule of Civil Procedure 1915.12 as follows: 1. On June 13, 2002, Judge Edgar B. Bayley entered an order awarding Christopher Finkenbinder ("Petitioner") partial cuStody of the minor children Jayde Finkenbinder, Justin Finkenbinder and Jacob Finkenbinder ("subject minors"). A true and correct copy of the order is attached to this petition. 2. Amber Demott ("Respondent") has willfUlly failed to abide by clause 4(b) of the Custody Order, which provides: (4) The father shall have periods of temporary physical custody as follows: (b) From noon on Christmas day each year until either December 30th or thereafter depending on the travel arrangements made by the mother to remm the children to Utah. 3. In telephone conversations the Petitioner had with the Respondent in early December of 2002, the Respondent: a) Indicated to the Petitioner that she had no intention of returning to Pennsylvania with the subject minors so that Petitioner could enjoy his time of temporary physical custody as provided in clause 4(b) of the custody order; and b) Indicated to the Petitioner that she had no intention of making travel arrangements for the subject minors so that they would delivered to Petitioners custody during the time of temporary physical custody as provided in clause 4(b) of the custody order. 4. Undersigned Counsel spoke with the Respondent's Counsel, Joan Carey, Esquire, who agreed to discuss the matters in averment nurnber three (3) with the Respondent. 5. Joan Carey, Esquire gave a remm call to undersiigned counsel and indicated that she no longer had a working telephone number for the Respondent. 6. The subject minors were never delivered to Petitioner's custody for the period directed by clause 4(b) of the custody order. WHEREFORE, Petitioner requests that Respondent be held in contempt of court, that this Court Modify its June 13, 2002, Order of Court to grant primary physical custody to the Petitioner and to award to the Petitioner his attorney fees related to prosecuting this contempt matter. Respectfully submitted, ABOM & KUTULAKIS, L.L.P. 8 South Hanover Street; Suite 204 Carlisle, PA 17013 (717) 249-0900 Attorney for .Plaintiff PETITIONER 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 unswom falsification to authorities. /-% 0_3 ~ Date Pe~il-oher CHRISTOPHER FINKENBINDER, Petitioner V AMBER DEMOTT, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO. 02-1510 CIVIL IN CUSTODY CERTIFICATE OF SERVICE AND NOW, this 13th day of January, 2003, I, Jolm A. Abom, Esquire, of Abom & Kumlakis, L.L.P., hereby certify that I did serve a tree and correct copy of the foregoing Notice and Order to Appear upon the defemtant, Amber Demott, by hand delivery to her attorney at the following location: Joan Carey, Esquire MidPenn Legal Services Irvine Row Carlisle, PA 17013 ABOM & KUTULAKIS, L.L.P. {John A. Ab, b, ofi.~ --"-------~ ~anover Street, Suite 204 Carlisle, PA 17013 Attorney for Plaintiff CHRISTOPHER FINKENBINDER PLAINTIFF AMBER DEMOTT DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-1510 CIVIL .ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, January 17, 2003 , 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, February 13, 2003 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 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. Gilroy, 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 170 ! 3 Telephone (717) 249-3166 CHRISTOPHER FINKENBINDER PLAINTIFF AMBER DEMOTT DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-1510 CIVIL ACTION LAW IN' CUSTODY ORDER OF COURT AND NOW, Thursday, February 20, 2003 , 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, March 06, 2003 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 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, Soecial Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinR. FOR THE COURT. By: /s/ Hubert X. Gilroy, 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 befi>re the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN' ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3 ]t66 APR l l 2003 CHRISTOPHER FINKENBINDER, Plaintiff AMBER DEMOTT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 02 - 1510 CIVIL : IN CUSTODY COURT ORDER AND NOW, this [ H day of April, 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The Contempt Petitions filed by both parties are dismissed subject to each party being able to resurrect allegations made in those Contempt Petitions in the event the parties determine that they desire to file a petition in the future. This court's Order of June 13, 2002 is modified such that travel arrangements for exchange of custody between the parties shall be initiated and made by the Mother with the Mother making the airplane travel reservations and paying the costs for those reservations up front. Upon Mother's providing Father with verification of the cost of travel and purchase of the tickets, Father shall reimburse Mother 50% of the travel cost for the three minor children within fourteen (14) days of his receipt of verification of those costs. It is understood that the travel arrangements made by the Mother shall be done in a timely fashion to take advantage of airfare discounts that could be achieved by reserving seats prior to twenty-one (21) days before the travel date. CC: ,//John A. Abom, Esquire /~Joan Carey, Esquire Additionally, for the Summer of 2003, Father shall be given an extra week of custody with the minor children to start at the beginning of Summer on or about May 31~ or some other time agreed upon by the parties such that Father achieves an extra week of time in the Summer. Edgar B. Bayley''' ~ ~ . CHRISTOPHER FINKENBINDER, Plaintiff V AMBER DEMOTT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02 - 1510 CIVIL IN CUSTODY Prior Judge: Edgar B. Bayley CONCILIATION CONFERENCE SUMM/LRY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the children who are the subject of this litigation is as follows: Jayde Finkenbinder, born November 6, 1993; Justin Finkenbinder, born February 1, 1998; and Jacob Finkenbinder, born February 1, 1998. A Conciliation Conference was held on March 6, 2003, with the following individuals in attendance: The Father, Christopher Finkenbinder, with his counsel, John A. Abom, Esquire; and Attorney Joan Carey who appeared on behalf of the Mother, Amber Demott. The parties have a def'mite disagreement with respect to who needs to make arrangements for reservations for the children to visit the Father. Mother moved out of the area, and the existing Court Order of June 13, 2002 at Paragraph 4B talks about "...travel arrangements made by the Mother..." Mother suggests she does not have enough money to front the entire airplane fair to get the kids from Utah to Pennsylvania, and Father suggests the same. Basicallly, this is an issue as to who is going to blink first, and the parties could not agree at the custody conciliation conference. The conciliator spoke with Judge Bayley and recommended that the mother be required to somehow generate the funds to purchase the tickets, after which the Father would be required to promptly reimburse Mother for 50%. It appears this should be Mother's obligation since Mother moved to Utah and because the primary custodian is in a better position to arrange their schedule consistent with a flight schedule for exchange of visitation. recommends an order in the form as attached. On that basis, the conciliator Custody ~ onici~e CHRISTOPHER F1NKENB1NDER, Plaintiff/Respondent VS. AMBER DEMOTT, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 02-1510 CIVIL TERM IN CUSTODY PETITION FOR CONTEMPT AND MODIFICATION Petitioner, Amber Demott, by and through her counsel, Jessica Diamondstone of MidPenn Legal Services, states the following: 1. Petitioner is the above-named Defendant, hereinafter referred to as the mother, who resides at 835 South 400 East, Brigham City, Utah, 84302. 2. Respondent is the above-named Plaintiff, hereinafter referred to as the £ather, who resides at 11 Pine Road, Plainfield, Cumberland County, Pennsylvania, 17013. 3. The above-named parties are the natural parents of Jayde, Finkenbinder, born November 6, 1993; Justin Finkenbinder, born February 1, 1998; and Jacob Finkenbinder, born February 1, 1998. 4. The current Custody Order, attached as Exhibit "A' and incorporated herein by reference, is dated April 14, 2003. The Order, in pertinent part, modifies the June 13, 2002 Order "such that travel arrangements for exchange of custody between the parties shall be initiated and made by the Mother with the Mother making the airplane travel reservations and paying the costs for those reservations up front." After the mother makes the travel arrangements and provides the father with receipts and an itinerary, the father is to reimburse the mother within £ourteen days. 5. The father has willfully disobeyed the Order by failing to pay his half of the $919.50 airplane fare for the Christmas 2003 travel arrangements. The mother purchased tickets for the children to travel during the Christmas 2003 holiday. The tickets were purchased on October 19, 2003 and the receipts with itinerary were mailed to the father on October 22, 2003. The children came to Pennsylvania for the Christmas holiday and spent time with the father, but he refuses to pay his share of the travel fare in the amount of $459.75. 6. The father is not acting in the children's best interest for reasons including, but not limited to, the following: a. According to the June 13, 2002, Order, the children are to be with their father from noon on Christmas Day until December 30. In 2003, the father demanded that the children be picked up a day early. When the mother arrived to retrieve the children, the father became verbally and physically confrontational with the mother while the children were watching. b. Jacob Finkenbinder uses medication to control his ADHD and the father refuses to give him this medication. Instead, the father feeds the child candy and soda, increasing the child's hyperactivity and making it more difficult to regain control of him when he has not been taking his medication as prescribed. c. The father promises to send the children presents for birthdays and special occasions and then never follows through with the promises, causing the children to be disappointed and confused. d. Justin Finkenbinder suffers from asthma and consistently has problems after visits to his father's home because of the cigarette smoke. 7. The mother is the parent who can best provide for the children for reasons including, but not limited to, the following: a. The mother has been the primary caregiver fur a majority of the children's lives and currently has primary physical custody of the children. b. The mother has attempted to work with the father for the sake of the children; she is the parent who can best facilitate contact with the other parent. c. The mother is presently able to provide for the children by giving the children a nurturing environment and providing for their emotional, physical, medical, and educational needs. 8. The father is represented by Attorney John Abom. 9. Counsel for the mother has attempted to contact father's attorney but has been unable to do so. It is unknown whether opposing counsel concurs with this petition. WHEREFORE, Petitioner respectfully requests the following: a. That this Court find the father in contempt and order him to pay his share of the $919.50 airplane travel expenses in the amount of $459.75 b. That the Court modify the current Order to allow the following changes: 1. The children shall travel for the Christmas holiday on alternating years. Mother shall continue to initiate and pay for the initial cost of the travel fare and the father shall continue to be responsible to reimburse her for half of the travel expenses. 2. When the children come to Pennsylvania for the Christmas holiday, the mother shall be responsible for getting the children from Baltimore-Washington International Airport (BWI) to their grandmother's home in Pennsylvania. Defendant/father shall pick up the children at the grandmother's home. 3. During summer visits, the father will be responsible for retrieving the children at BWI airport when their flight arrives. For all return flights, the father will be responsible for returning the children to the grandmother's home by 4:00 p.m. of the evening before the return flight. The children's grandmother will provide transportation back to BWI and will accompany the children for the return flight to Utah. 4. The mother shall send the father receipts and the itinerary for all flights via certified mail, return receipt requested, with postal tracking. If the father has not paid his half of the airplane fare within fourteen of receipt of the travel information, the children will not fly for the next planned trip. Father shall pay Mother half of the travel fare as well as the cost to change all four tickets (mother plus three children) to the next travel period within fourteen days of being notified that the flights have been changed. Petitioner also requests any other relief this court deems just and proper. Respectfully submitted, Attorney for Defendant/Petitioner MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 VERIFICATION The above-named Plaintiff, Amber DeMott Landon, verifies that the statements made in the above Petition for Contempt and Modification, are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. AJnber DeMo" Landon, Pla~Pf ~-' ! CHRISTOPHER FINKENBINDER Plaintiff VS. AMBER DEMOTT Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1510 CIVIL TERM CUSTODY CERTIFICATE OF SERVICE I, Jessica Diamondstone, Esquire, of MidPenn Legal Services, attorney for the Plaintiff, Amber DeMott, hereby certify that I have served a copy of the foregoing Petition for Contempt and Modification of a Custody Order on the following date and in the manner indicated below: U.S. First Class Mail, Postage Pre-Paid John A. Abom, Esquire 36 South Hanover Street Carlisle, PA 17013 Date: 5' ff .07 ~~~'~squire MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 CHRISTOPHER FINKENBINDER PLAINTIFF AMBER DEMOTT : DEFENDANT : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-1510 CIVIL ACTION LAW 1N CUSTODY ORDER OF COURT AND NOW, __ Thursd__ay, March 18, 2004 _, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear befbre Hubert X. Gilro , EsJiLE~sq~, the conciliator, at 4th Floor, Cumberland Coun_!y Courthouse, Carlisle on Thursda_},, Apr_il 08, 2004 at 10:30_~__~ 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 I~resent at the conference. Failure to apl~ear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinl~. FOR THE COURT, By: /s/ Hubert X~tl, ~rnhc 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. HAVE ANYOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT ATFORNEY 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 CHRISTOPHER FINKENBINDER, Plaintiff V AMBER DEMOTT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 2002- 1510 : IN CUSTODY COURT ORDER AND NOW, this 1~'~ day of July, 2004, upon consideration of the attached Custody Conciliation report, it is ordered and directed that this Courts prior orders of June 13, 2002 and April 14, 2003 are temporarily modified such that father's rights of visitation with the minor children are suspended pending father's resoliution of his monetary obligation to the mother for reimbursement of travel costs mother has paid for the children. Upon the father making satisfactory payments to mother to reimburse her for the travel costs she has paid on behalf of father and upon father making adequate assurances in advance that future costs that mother advances for travel tickets will be reimbursed to her in a timely fashion in accordance with the April 14, 2003 order, father's periods of temporary custody with the minor children shall be reinstated. Should father desire a hearing to address whether the current custody order should be modified relative to whether father needs to pay any funds for travel expenses, father's attorney may contact the Custody Conciliator directly for purpases of arranging a hearing before the Court. CC: John A. Abom, Esquire Jessica Diamondstone, Esquire Judge E~ar ~.. ]]a~ley~Jr. iLED-OFri~E OF THE PROTHONOTARy 21]O~JUL 12 ~l~lll: 28 CHRISTOPHER FINKENBINDER, Plaintiff V AMBER DEMOTT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERL3~ND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2002 - 1510 : IN CUSTODY CONCILIATION CONFERENCE SUM~_IARY REPORT The Conciliator met with the parties and counsel back in April on a petition for contempt f'ded by the mother. The issue is over father's failure to reimburse mother for travel arrangements she has made for the children. By way of background, the parties appeared before the Conciliator in March of 2003. Mother had relocated and a prior order from June of 2002 allowing mother to relocate specifies that mother would make arrangements for travel. Mother was suggesting at that time that she did not have enough money to pay in advance for travel tickets. By order of April 14, 2003, this Court specified that mother would tmtke the arrangements for travel and pay the costs of the airplane tickets in advance. The o~tder specified that father would reimburse mother 50% of the travel costs upon receipt of verification of the amount. Over the past Christmas holiday, mother fronted the money for the travel so the children could go back to see their father and father has not reimbursed the mother· Additionally, mother also advanced funds for the plane tickel~s for the children to go back to see the father in the summer, and father called mother at the last minute indicating that he could not afford to take the kids in custody during the surmner months. As of this point, father owes mother about $900.00 and, obviously, mother is reluctant to make any further commitments relative to sending the children to the father and purchasing tickets in advance when she cannot rely upon the father to abide by the Court order on this matter. Based upon the above, the Conciliator recommends an order in the form as attached· DATE