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HomeMy WebLinkAbout93-1449I~6We~5 mil[ ~J la.~~ s ~ ~l~ q ~S ~~i ~ r PawetS fo y- /9-~zoo~ c;-re ilo't Sc 4 n n ~K . SCOTT W. POWERS, IN THF, COURT OF COMMON PLEAS PLAINTIFF OF CUMBERLAND COUNTY, PA. V, NO. 1449 Civil 1993 ~~ !. KATHRYN I. POWERS now C[VIL ACTION -LAW ;~ KATHRYN I. GROSS, ~~ DEFENDANT IN CUSTODY ~I !~ I 1i PETITION TO AMEND CUSTODY ORDER AND NOW, TO WIT, this ~ day of ~ , 2006. comes the Plaintiff, Scott W. Powers, by and through his attorney, Jane NI. Alexander, Esquire, and files this Petition of which the following is a statement: 1. Plaintiff is Scott W. Powers, an adult individual who currently resides at 1555 Jerusalem Road, Mechanicsburg, County of Cumberland. Pennsylvania 17055. 2. Defendant is Kathryn I. Gross, yr individual residing at 311 Independence Road, King of Prussia, Montgomery County, Pennsylvania ] 9406. 3. Plaintiff and Defendant were married August 9, 1986, separated on November 22, 1992. Plaintiff filed for divorce April 30. 1993 in the Covet of Common Pleas of Cumberland County.. Pennsylvania to Number 1449 Civil 1993 and a decree in divorce was granted December 22, 1993 by Judge J. Wesley Oler, Jr. 4. The parties have joint legal and physical custody of their daughter, Tonya Powers, born January 25, 1990. 16 years of age under an order of court dated May 4, 1994 of Judge J. Wesley Oler. Jr. A copy of said Order marked Exhibit "A° is attached hereto and made a part hereof. 5. On March 4, 2002, Plaintiff filed a complaint to amend that order. A conciliation conference was held before Dawn S. Sunday, Esquire on April 3, 2002. Following that conference, Judge J. Wesley Oler, Jr. issued an order on April ] 6, 2002 directing the parties to participate in counseling. A copy of said Order marked Exhibit "B" is attached hereto and made a part hereof. 6. The parties did participate in counseling, but no resolution of the issues raised was achieved. 7. Plaintiff is seeking an amendment to the existing order requesting that Defendant have custody one weekend per month with the weekend of custody being agreed upon by the parties by the first of each month. Plaintiff is also requesting that Defendant have custody for purpose of visitation one week each month during the summer vacation. That such weeks shall be selected by June 1" of each year with consideration being given to child's schedule. The parties have been able to reach an agreement as to holidays including Christmas and Faster. 8. The child wishes to remain with Plaintiff during the summer because most of her friends are in the Mechanicsburg area, she is a very successfid competitor in roller skating and wishes to devote the necessary time to practice, and she wants to secure a job. 9. The child, Tonya Powers, is sixteen (16) years of age having been born January 25, 1990. 10. The child is not born out of wedlock. l 1. During the past eleven (11) years the child has been residing with the Plaintiff during the school year. No other parties resided in their home at 1555 .lerusalem Road, Mechanicsburg, PA 17055 until December 1, 2005 when Loriann Matolyak, Plaintiff's girlfriend, moved in. During the summer months the child has resided with her mother who now lives at 311 Independence Road, King of Prussia, Pennsylvania. Gary Grayshaw, Defendant's friend also lives at that residence. 12. The relationship of Plaintiff to the child is that of natural father. The Plaintiff is not married and currently resides at 1555 Jerusalem Road, Mechanicsburg, Pennsylvania 17055. 13. The relationship of Defendant to the child is that of natural mother. The Defendant currently resides at 31 1 Independence Road, King of Prussia, Pennsylvania 19406 with her boyfriend, Gary Grayshaw. 14. The 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. 15. The Plaintiff has no information of a custody proceeding concerning the child pending in any other court within this Commomvealth. 16. The Plaintiff 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. l7. The best interests and permanent welfare ofthe child will be best served by granting the relief requested because the Plaintiff can and has for the past eleven (11) years provided a stable home life and has supported the child in her chosen specialty activity of figure roller skating. The child, Tonya, is now sixteen and wnshes to seek employment during the summer months. "Chere has been on-going stress and conflict between the child and the Defendant. WHEREFORE, Plaintiff requests your Honorable Court to amend the current order to give him primary physical custody throughout the year with Defendant having one weekend per month and one week during each of the summer months for purpose of visitation Respectfully submitted, bane M. Alexand r, Esquire Attnrney for Plai tiff ~,. Attorney LD. #07355 148 S. Baltirnore Stree Dillsburg, PA 1 70 1 9-0421 (717)432-4514 Verification I verify that the statements made in this Petition for Custody are true and correct. I ' understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 'I 1 4904 relating to unsworn falsification to authorities. --,-.~ ~~ n ; ~~ ~~ ~ ~~- Scott W. Powers j ii COMMONWEALTH OF PENNSYLVANIA S.S. COUNTY OF YORK Before me, the undersigned officer, a Notary Public, in and for the said Commonwealth and County, Personally appeared Scott W. Powers who, being affirmed according to law, deposes and says that the facts and matters set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief. Scott W. Powers Sworn to and subscri d befor ethis_~~_ day of _ (~~ "' 2006. ~,k~~~ o n' Public Notarial Seal Leslie K. Neidig, Notary Public Warrington Twp, York County My Canmission Expires Feb. 4, 2007 Membar. Pnromylvania Associatbn O(Notaries SCOTT' W. POWP•.RS, Plaintiff va. ICIITHRYN I. POWERS, Defendant IN RE: IN TILE COURT OF COMMON PLEAS OI' CUMBERLAND COUNTY, PENNSYLVANIA NO. 1449 CIVIL 1993 CUSTODY/VISITATION CUSTODY AGREEMENT ORDER OF COURT AND NOW, this 2nd this day of May, 1994, upon consideration of the custody complaint filed in the above-captioned matter, it is ORDERED and DIRECTED that the parties shall have joint legal and physical custody of their child, Tonya Powers, born January 25, 1990, in accordance with the following schedule which has been agreed upon by the parties and dictated in open court in their presence: The parties will share physical custody, with Father having physical custody during the school year and Mother having physical custody during the summer. During the year, the parties will alternate weekends of physical custody of the Child. On Father's Day, Father will have custody of the Child. On Mother's Day, Mother will have custody of the Child. The parties will arrange for time with the Child on her birthday or on the day before or after her birthday. The parties will equally share in the transportation of the Child and encourage telephone contact between Che out-of-custody parent and the Child. Each parent will be entitled to one week's vacation with the Child, Father normally taking his vacation during the summer and Mother preserving her right to take her vacation one day at a time in the course of the school year with ample notice to Father. In 1994, Mother's period of summer custody shall commence on June 10, 1994, and end on September 4, 1994, with Father taking his week's vacation from August 6, 1494, to August 14, 1994. By the Court, ~~ ~~ ` J.~Wes/1~ 01e Jr.,/J. Jane M. Alexander, Esquire Counsel for Plaintiff Carol J. Lindsay, Esquire Counsel for Defendant :slr "~ ' ~ ' in ' ~a l dl „I na. _.... ,. .,. ~. ~~, l ilia ~ ~ i't_~A Y~'i `7~)a.~ I i.. '.~.. ~ ~ t~.., ~ i''i~;ll~.~,a~~o ai r SCOTT W. POWERS, Plaintiff vs. KATHRYN I. POWERS (now GI20SS), Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 93-1449 CML ACTION LAW IN CUSTODY ORDER Or COURT ANll NOW, this ~ day of 2002, upon consideration of the attached Custody Conciliation Report it is ordered and directed as Follows: 1. The pasties shall participate in a course of counseling with a professional to be selected by agreement The purpose of the counseling shall be to assist the parties in developing communication and sufficient cooperation to enable them to effectively co-parent their Child. The parties shall also make arrangements for the Child to participate in the counseling in order to address specific issues which have arisep with respect to the custody schedule. The parties shall follow the recommendations of the counselor concerning the necessity of making adjustments to the custody schedule and also with respect to the timing and frequency of participation of the Child in counseling. Within 3 weeks of the Custody Conciliation Conference, the parties shall select and contact a counselor in order to schedule the first session. All costs of counseling which are not covered by insurance shall be equally shared by the parties. 2. The Mother agrees to contact the Child's skating coach in order to discuss and obtain information concerning the Child's skating practice sessions and competition schedule. 3. Within 3 months of completion of the counseling, counsel for either party may contact the Conciliator to schedule an additional Custody Conciliation Conference, if necessary, to review the custody arrangements. 4. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY J. JWeslev Oler, Jr,~ J cc: Jane M.Alexander,Esquire-Counsel for Father TRUE C~i'Y F!~~,+d~ f~~",(>t,~'~ Marylou Matas, Esquire -Counsel for Mother In Te ony whet of, I here unto seT my hand and seal of sa~ CgNrt at Carlisle, fa, SCOTT W. POWERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. KATHRYN I. POWERS (now GROSS), Defendant YRIOR JUDGE: 3. Wesley Oler, Jr. 93-1449 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF C[VlL YROCEDURE 1915.3-5, the undersigned Custody Conciliator submits the following report: I. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAIVIE DA"TE OF BIRTH CTJRRENTLY IN CUSTODY OP Tonya Powers January 25, 199Q Father 2. A Conciliation Conference was held on April 3, 2002, with the following individuals iu attendance: The Father, Scott W. Powers, with his counsel, Jane M. Alexander, Esquire, and the Mother, Kathryn I. Gross (formerly Powers), with her counsel, Marylou Matas, Esquire. The Child also briefly participated in the Conference at the parties' request. 3. The-pparties agreed to entry of an Order in the form) a~s~attached. Date Dawn S. Sunday, Esquire Custody Conciliator ~~ ~~-~~~'~~ r~. ~ r~ ~' , 1~1 ~ ~ -` = :~ ~~ ~- a ~ _ ~~~~ J c~- ~+4 SCOTT W. POWERS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA ~~ 93-1449 CIVIL ACTION LAW KATHRYN 1. POWERS NOW, KATHRYN I. GROSS IN CUSTODY DLFGNDANT ORDCR OF COURT AND NOW, Monday, April 24, 2006 - ,upon consideration of the attached Complaint, it is hereby directed [hat parties and their respective counsel appear before Dawn S. Sunday, Esq. ,the conciliator, at __ 39 West Main Street, M_echanicsbur , PA 17055 _ on __ Tuesday, May 23, 2006_. _ at I:00 PM for aPre-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 at;e five or older may also he 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 CastodV orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sund,~ Esq__. Custody Conciliator The Court of Common fleas 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 OU`[ WHERE YOU CAN GE"1' LEGAL HELP. Cumberland County Bar .Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~].-t'~~ to ~C"rw 'rK/ ~7 ' ''~ ''~' ~~ ,, ~ ~~b ~~s~/dJ ~~ '~ yra .{~ 7 7r~ 7L' ~~ ~f~ ~r ~1 ~..~ ~, PoW~~ 93- vs ~01N1° 1"S ~ how ~-rOSS A-I( -~~ inn ~ Pr~o~ ~o °~ p5-17-oC~ h~,~ ~ b~ S~ann~i ~+~ 9 . - tiE SCOTT W. POWERS, Plaintiff VS. KATHRYN I. POWERS NOW KATHRYN L GROSS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA N0.93-1449 CIVII, ACTION -LAW IN CUSTODY AFFIDAVIT OF SERVICE AND NOW, this 4-~-`` day of ~ 2006 personally appeared Jane M. Alexander, Esquire who swears according to law, that a true and correct copy of a COMPLAINT FOR CUSTODY was caused to be served by certified mail with return receipt requested upon the said, Kathryn I. Gross 311 Independence Road King of Prussia, PA 19406 on MaM v 1, 2006 by leaving the same at the Dillsburg Post Office with postage pre-paid thereon as evidenced by the mailing receipt and return receipt hereto attached and made a part hereof. 7a a M. Alexander! )`squire orney I.D. #0355 48 S. Baltimore Street illsburg, PA 17019-0421 (717) 432-4514 Sworn and subscribed before me this ~F~^ day of ~-~ 2006. Notary Public COM ONWEAITH OF PENI0.SYLVANIA Notarial Seal Nanxnol Atercander, Notary Public Dpbbur0 eoro, York County My ~ Expires Apr. 7, 2010 Member, Pennsylvania Association Ot Notari6s l ' i SCOTT W. POWERS, P1ainNff vs. KATHRYN I. POWERS NOW KATHRYN L GROSS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA N0.93-1449 CIVIL ACTION -LAW IN CUSTODY PR F OF E VTCE ., ,~ ~ M1 cp ~. • . ..- .-. ~ S~ m `~ Poste $ !- ~ /~C_ o Cernned Fee X2.40 ~ 00~ C p p Retum Redept Fee (Endorsement Required) ti •$$ ~ ~ Here a p -rt ~ Restricted Delivery Fee (Endorsement Required) ;3.70 O O O~ `,~' `~ f p Total Postage & Fees ~ s$,8Z b p Sent To f~~ ~ r or PO Box No. 3 I CNy, Ste6a, zIP+4 ~1~14 O p /~ ~ ~f`USS1li , [~ ~~i~~0 C7 ' ~ Q ~ ~ -n "l7 ~ n7rr, ... . ~ -r~ f1i . i ~ „~ ~ f'C; "te J`,Y .' ~~ e r~ ] ~_-, ~'.. ~ '" f'l C. 1 tl ! A ;~ CTi ~'" ~r fi yr --, _ J~ ; M~aY s ~ loos .. ~Y:____ SCOTT W. POWERS Plaintiff vs. KATHRYN I. POWERS, NOW KATHRYN I. GROSS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 93-1449 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this t 5 day of ~~ ~ ~ 2006, .upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: Order. 1. The prior Order of this Court dated May 2, 1994 shall continue in effect as modified by this 2. The Mother shall make arrangements for the Mother and Child to participate in counseling with a professional to be selected by the Mother in her local area. The purpose of the counseling shall be to address issues which have arisen in the mother-daughter relationship. Unless otherwise agreed between the parties, the Mother shall be responsible for all costs of counseling which are not reimbursed by insurance coverage. 3. During the summer school break in 2006, the parties shall have custody of the Child as follows: A. The Mother shall have custody of the Child from June 9 through August 6, with the Father having weekend periods of custody from June 16 through June 18, June 30 through July 2, and July 14 through July 16. The Mother shall ensure that the Child attends color guard practice at least one time per week on either Tuesday or Thursday during the Mother's weeks of custody. B. The Father shall have custody of the Child from August 6 through the remainder of the summer school break, subject to the Mother's weekend periods of custody from August 18 through 20, August 25 through 27 and September 1 through 4. C. The parties acknowledge that the Mother's vacation week of custody with the Child shall run from July 21 through July 28 and the Father's week of custody with the Child shall run from August 6 through August 13. c~ ~~y ~. _~ c.a ~ ~,E U_ '- _~ ~ i~ i r IJ- _ c~ _7 ® C ~ N . r 4. Within two months following the beginning of the 2006-2007 school year, counsel for either party or a party pro se may contact the conciliator to schedule an additional custody conciliation conference to review the school year custodial arrangements, if necessary. 5. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc:~ie M. Alexander, Esquire -Counsel for Father ~Otarylou Matas, Esquire -Counsel for Mother '~ BY THE COURT, d oU t i SCOTT W. POWERS Plaintiff vs. KATHRYN I. POWERS, NOW KATHRYN I. GROSS Defendant Prior Judge: J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 93-1449 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Tonya Powers January 25, 1990 Father 2. A custody conciliation conference was held on May 23, 2006, with the following individuals in attendance: The Father, Scott W. Powers, with his counsel, Jane M. Alexander, Esquire, and the Mother, Kathryn I. Gross (formerly Powers), with her counsel, Marylou Matas, Esquire. 3. The parties agreed to entry of an Order in the form as attached. s a~o~ Date Dawn S. Sunday, Esquire Custody Conciliator SCOTT W. POWERS, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNA VS. : NO. 1449 CIVIL 1993 KATHRYN I. POWERS now :CIVIL ACTION -LAW KATHRYN I. GROSS, Defendant : IN CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within. twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 SCOTT W. POWERS, vs. : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNA KATHRYN I. POWERS now KATHRYN I. GROSS, Defendant NO. 1449 CIVIL 1993 : CIVIL ACTION -LAW IN CUSTODY NOTICIA USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomaz action dentro de veinte (20) dial a partir de la fecha en que recibio la demanda y el aviso. Usted debe presenter compazecencia esrita en persona o por abogado y presenter en la Corte por escrito sus defenses o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mss aviso o notification por cualquier dinero reclamado en la demands o por cualquier otra queja o compensation reclamadas por el Demandante. USTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHO5 IMPORTANTES PARR USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABODAGO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARR AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association Z Liberty Avenue Carlisle, PA 17013 (717) 249-3166 SCOTT W. POWERS, : IN THE COURT OF COMMON PLEA5 Plaintiff : OF CUMBERLAND COUNTY, PENNA VS. : NO. 1449 CIVIL 1993 KATHRYN I. POWERS now :CIVIL ACTION -LAW KATHRYN I. GROSS, . Defendant : IN CUSTODY PETITION TO AMEND CUSTODY ORDER AND NOW, TO WIT, this ~ day of ~ ~, ~ , 200? comes the Plaintiff, Scott W. Powers, by and through her attorney, Jane M. Alexander, Esquire, and files this Petition of which the following is a statement: 1. Plaintiff is Scott W. Powers, an adult individual residing at 1555 Jerusalem Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Kathryn I. Powers now Kathryn I. Gross, an adult individual residing at 311 Independence Road, King of Prussia, Montgomery County, Pennsylvania 17406. 3. Plaintiff and Defendant were married August 9, 1986, separated on November 22, 1992. Plaintiff filed for divorce Apri130, 1993 in the Court of Common Pleas of Cumberland County, Pennsylvania to Number 1449 Civil 1993 and a decree in divorce was granted December 22, 1993 by Judge J. Wesley Oler, Jr. 4. The parties have joint legal and physical custody of their daughter, Tonya Powers, age 17, born January 25, 1990, under an order of court dated May 2, 1994 of Judge Wesley Oler, Jr., as amended by an Order of Court dated June 1, 2006, copy of both Orders mazked "Exhibit "A" and Exhibit "B" are attached hereto and made a part hereof. 5. Pursuant to the court order of June 1, 2006 Defendant and daughter did participate in counseling during the summer months. The custody proceeded in compliance with the order of June 1, 2006. 6. During the school year the parties complied with the terms of the prior order of May 2, 1994. 7. Plaintiff is seeking an amendment to the existing order requesting that Defendant have custody one weekend per month during the school yeaz with the weekend of custody being agreed upon by the parties by the first of each month. Plaintiff is also seeking an amendment to the order of June 1, 2006 and has made the following proposal to Defendant: Tonya would be with Defendant June 9, 2007 to June 15, 2007 and the week of July 20, 2007 to July 27, 2007 because of going to the beach from August 3, 3007 to August 12, 2007 followed by band camp, Tonya would be with Defendant August 17, 18, 19, 200?. 8. The child wishes to remain with Plaintiff during the summer because most of her friends aze in the Mechanicsburg area, she has color guard band practice throughout summer months, and she has two (2) jobs and wants to continue working during the summer. 9. The child, Tonya Powers is 17 of age having been born January 25, 1990 10. The child is not born out of wedlock. 11. During the past twelve (12) years the child has been residing with Plaintiff during the school year. No other parties resided in their home at 1555 Jerusalem Road, Mechanicsburg, PA 17055 until December 1, 2005. Plaintiff married Loriann Matolyok on August 10, 2006. During the summer months the child has resided with her mother who now lives at 311 Independence Road, King of Prussia, Pennsylvania. Gary Grayshaw, Defendant's friend also lives at that residence. 12. The relationship of Plaintiff to the child is that of natural father. 13. The relationship of Defendant to the child is that of natural mother. 14. The Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the child in this or another court. 15. The Plaintiff has no information of a custody proceeding concerning the child pending in any other court within the Commonwealth. 16. The Plaintiff does not know of a person or 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. 17. The best interest and permanent welfare of the child will be best served by granting the relief requested because the Plaintiff can and has for the past twelve (12) years provided a stable home life and has supported the child. The child, Tonya, is now seventeen (17) and wishes to continue her employment during the summer months. There has been on- going stress and conflict between the child and the Defendant. WHEREFORE, Plaintiff requests your Honorable Court to amend the current order to give him primary physical custody throughout the yeaz with Defendant having one weekend per month during the school yeaz and the proposed schedule during the summer months for purpose of visitation. Respectfully submitted, :; lane M. Alexand~'r, Es ire Attorney for Plainti Attorney I.D. #07355 148 S. Baltimore Street Dillsburg, PA 17019-0421 (717) 432-4514 VERIFICATION I verify that the statements made in this Petition to Amend Custody Order are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. DATE: 5 - 2 2 _ ~ o 0'7 ac~~'~~. Scott W. Powers COMMONWEALTH OF PENNSYLVANIA COUNTY OF YORK S.S. Before me, the undersigned officer, a Notary Public, in and for the said Commonwealth and County, Personally appeared Scott W. Powers who, being affirmed according to law, deposes and says that the facts and matters set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief. Sworn to and subscribed before me this a a "'~ day of Yyl ~. , 2007. Notary Public COMMONWEALTH QF PENNSYLVANIA Notarial Seal Narumol Alexander, Notary Public D1lsburg eoro, York County My Commission Expires Apr. 7, 2010 Member, Pennsylvania Association of Notaries (,~,~ G!%c.Gi ~ ~--sue Scott W. Powers SCOTT W. POWERS, Plaintiff vs. KATHRYN I. POWERS, Defendant IN TiiE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 1449 CIVIL 1993 CUSTODY/VISITATION IN RE: CUSTODY AGREEMENT ORDER OF COURT AND NOW, this 2nd this day of May, 1994, upon consideration of the custody complaint filed in the above-captioned matter, it is ORDERED and DIRECTED that the parties shall have joint legal and physical custody of their child, Tonya Powers, born January 2S, 1990, in accordance with the following schedule which has been agreed upon by the parties and dictated in open court in their presence: The parties will share physical custody, with father having physical custody during the school year and Mother having physical custody during the summer. During the year, the parties will alternate weekends of physical custody of the Child. On Father's Day, Father will have custody of the Chili. On Mother`s Day, Mother will have custody of the Child. The parties will arrange for time with the Child on her birthday or on the day before or after her birthday. The parties will equally share in the transportation of the Child and encourage telephone contact beL-ween L-he out-of-custody parent and the Child. Cacli parent will be entitled to one week'cz vacation with the Child, Father normally taking his vacation during the summer and Mother preserving her right to take her vacation one day at a time in the course of the school year with ample notice to Father. In 1.994, Mother's period of summer custody shall commence on June 10, 1994, and end on September 4, 1994, with Father taking his week's vacation from August 6, 1994, to August 14, 1994. By the Court, /1 /' / J. Wesley Ole Jr. , ~7. Jane M. Alexander, Esquire ~ Counsel for Plaintiff Carol J. Lindsay, Esquire Counsel for Defendant :slr .~.k.,, ~.. ,. iii ; ~.,. ~ . , ; i:r_I :i~Cl ii:.. ....:' ~.,. .., .. :' ~. c~ ( ~ ... ,{ ~ ~~2Ci'11, ~J ,,~ ~~~ ~ I`~ ,~ ~ ~l ~ f: E ! u E D MAY ;? Q `?U0~ SCOTT W. POWERS Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. KATHRYN I. POWERS, NOW KATHRYN I. GROSS Defendant 93-1449 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT t~{ AND NOW, this _~_ day of t~~1~-~i) 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated May 2, 1994 shall continue in effect as modified by this Order. 2. The Mother shall make arrangements for the Mother and Child to participate in counseling with a professional to be selected by the Mother in her local area. The purpose of the counseling shall be to address issues which have arisen in the mother-daughter relationship. Unless otherwise agreed between the parties, the Mother shall be responsible for all costs of counseling which are not reimbursed by insurance coverage. 3. During the summer school break in 2006, the parties shall have custody of the Child as follows: A. The Mother shall have custody of the Child from June 9 through August 6, with the Father having weekend periods of custody from June 16 through June 18, June 30 through July 2, and July 14 through July 16. The Mother shall ensure that the Child attends color guard practice at least one time per week on either Tuesday or Thursday during the Mother's weeks of custody. B. The Father shall have custody of the Child from August 6 through the remainder of the summer school break, subject to the Mother's weekend periods of custody from August 18 through 20, August 25 through 27 and September 1 through 4. C. The parties acknowledge that the Mother's vacation week of custody with the Child shall run from July 21 through July 28 and the Father's week of custody with the Child shall run from August 6 through August 13. £jcl~ib ~~ '~ ~ ~~ ?p,~CZ1af Z 4. Within two months following the beginning o f the 2006-2007 school year, counsel for either party or a party pro se may contact the conciliator to schedule an additional custody conciliation conference to review the school year custodial arrangements, if necessary. 5. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, ~, J. Wesley Oler, cc: Jane M. Alexander, Esquire -Counsel for Father Marylou Matas, Esquire -Counsel for Mother ~i w~1 ~,rr~¢, ! ta~,em~a sit my't~at~d; ~ ,~ . r~iste, Pe. ~~ ~fclnibi~l- ~Q," ~a~ ~oF 2. ~.. - - '"~ ~ ~ C'7 --.? ._~ _Y.~ ._. t .. ~ ~ ~'7 ~~ _,_ _ a t ~.; -f4 G % '~` AUG $ ? 20010 SCOTT W. POWERS Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 1449 CIVIL 1993 CIVIL ACTION-LAW IN CUSTODY vs. KATHRYN I. POWERS now KATHRYN I. GROSS Defendant ORDER AND NOW, this 10th day of August, 2007, the conciliator, being advised by Counsel for the parties that there is no need for a further Order at this time, hereby relinquishes jurisdiction. Dawn S. Sunday, Esquire } ~ tf7 '~ ~ \V ~~ ~:~ - + 2 {.3.. ..~. r a ^.~. - - .J C! ~, V