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HomeMy WebLinkAbout02-1754 KATHY M. JONES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. D:)' - t 7 SY CIVIL ACTION - LAW IN DIVORCE Qiot'-r~ JOHN W. JONES, II Defendant 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 prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim of relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the grounds for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary Room 101, Dauphin County Courthouse, Front and Market Street, Harrisburg, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE THE DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. C>:L --/7Sr ac.>~(~~ CIVIL ACTION - LAW IN DIVORCE KATHY M. JONES, Plaintiff JOHN W. JONES, II Defendant COMPLAINT IN DIVORCE AND NOW, comes the Plaintiff, Kathy M. Jones, by and through her attorneys, Wix, Wenger & Weidner, and files the within Complaint against the Defendant, averring as follows: Count I - Under Sections 3301 (c) and 3301 (d) of the Divorce Code 1. Plaintiff is Kathy M. Jones, an adult individual who currently resides at 120 Linden Drive, Apt. #1-A, Camp Hill, Cumberland County, Pennsylvania 17011 Plaintiff has lived at said address since November 14, 1998. 2. Defendant is John W. Jones, II an adult individual who currently resides at 5 Canterbury Court, Mechanicsburg, Cumberland County, Pennsylvania 17050. Defendant has lived at such address since January 5, 2002. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on November 14, 1998 in Camp Hill, Cumberland County, Pennsylvania. 2 5. The Plaintiff and Defendant are both citizens of the United States of America and are not members of the Armed Forces. 6. There have been no prior actions of divorce or for annulment between the parties in this or any other jurisdiction. 7. The marriage is irretrievably broken and this action is not collusive. 8. Plaintiff has been advised of the availability of counseling and understands that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree of Divorce pursuant to Section 3301 (c) or 3301 (d) of the Divorce Code. Count 1\ - Custody 9. Paragraphs 1 through 8 hereof are incorporated herein by reference set forth in full . 10. Plaintiff seeks custody of Zachary Tyler Jones, born October 26, 1993, age 8. The child was born out of wedlock to the Plaintiff and was adopted by the Defendant on August 18, 1999. The child is presently in the custody of his mother, the Plaintiff, who resides at 120 Linden Drive, Apt. #1-A, Camp Hill, Cumberland County Pennsylvania 17011. 3 During the past five years, the child resided with the following persons: PERSONS ADDRESS DATE Kathy M. Jones 120 Linden Drive January 5, Apt. #1 2002 to Camp Hill, PA 17011 present John W. Jones, II and Kathy M. 120 Linder Drive November Jones Apt. # 1 14, 1998 to Camp Hill, PA 17011 January 5, 2002 Kathy M. Shambaugh (n/k/a/ 121 Mumper Lane November Kathy M. Jones, Janice E. Yocum, Dillsburg, PA 17019 1996 to Gerald E. Yocum (the child's November maternal grandparents) and Karen 14, 1998 E. Shambaugh (the child's maternal aunt) The mother of the child is Kathy M. Jones, currently residing at 120 Linden Drive, Apt. #1-A, Camp Hill, PA 17011. She is married to, but separated from the Defendant. The father of the child is John W. Jones, II, currently residing at 5 Canterbury Court, Mechanicsburg, PA 17050. He is married to, but separated from the Plaintiff. 11. The relationship of the Plaintiff to the child is that of mother. The Plaintiff currently resides only with the child. 12. The relationship of the Defendant to the child is that of father. On the information and belief, the Plaintiff avers that the Defendant currently resides with the following persons: NAME RELATIONSHIP TO DEFENDANT Michael Jones Father Kathy Jones Mother 4 13. 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. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or elsewhere. 14. Plaintiff does not know of a person not a party to the proceeding who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 15. The best interests and permanent welfare of the child will best be served by granting the relief requested because the parties to this proceeding are currently separated and living apart from each other. It will be best for child to have a stable home with his mother in the marital residence. The Plaintiff is best able to provide for the care and maintenance of the child because she has a steady job as a medical receptionist with a definite work schedule. Plaintiff can best provide a permanent, stable home for the child. 16. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests this Honorable Court to grant shared legal and primary physical custody of the child to Plaintiff and to grant reasonable temporary physical custody or visitation of the child to the Defendant. 5 I, verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904. relating to unsworn falsification to authorities. ~a:t.h~or.... Kathy M. one DATED: IJ~ 6, ,;<ocJa / <. DATED: !l- J ~ 02 ()(}cX I 6 ".'_~"""_'.__ < ... "~_,_._~"" _. ". ,_~_'_H__'~"_'_'_""""'_"'''_'____''_'~'"_" (\)p tl't ..0 ~g ~ . '. .:Ui\~H"."lI,I':lIU'___ ,:i.i~;h;,i;ih;;hlilj~Aii-;;iU'I:i,t-'b,~;<i "'" l(j iQ. ~ ...... ~ ~~ ~~ ~O~O~ () C> () C ()I , I I I f fit! ~ $--:&J (") c ~ ~:t~.~,..~ rIi '''' 2:!Ll 2'c (f.:...... ~es ~(") ;;0 c:: 2' =< -..J a f'v l::.. "U ";:0 , 1.0 {-j -''i-, ;:g -')n - ;}c;:::' r.~:J(~ r'\ ~?(~I !(ir , <'5[71 ---I ~ -< -0 :::r: ":'? . PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA KATHY M. JONES v. 02-1754 CIVIL ACTION LAW JOHN W. JONES, II DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, April 17, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, P A 17043 on Monday, May 20, 2002 at 12:30 PM 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: Isl Melissa P. Gree-py. Esq. )1tY\ 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 ~ -Ir .:7 J?,? ':>Y ~ {'(? (/-/7 h Z /1"r 'v ~tt; CC't? (./Jf ~ -r z ~ ~ -4 --r? ~t?(/-// ,"N\'1:1c1 ,.., '<I\\'1\;fr~t~-\'r\3~"\"I,\\..) 1J,\'1\,f{) ,} . 'tld~ ~\) . Z \~ \-{,) L \ l.. ..ir\L :;\0 , 1Y \ Q\ ~Jr',\vc";e-\\:;\ '):;"" 4.\ 1.\0--'-' I' :j..JQ.- KATHY M. JONES, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02 - 1754 Civil Term JOHN W. JONES, II, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICF I, Stephen J. Dzuranin, Esquire, being duly sworn according to law, hereby depose and say that I am an attorney at law duly authorized to practice law in the County of Dauphin, Commonwealth of Pennsylvania; that on April 9, 2002 I caused to be sent a true and correct copy of the Complaint in Divorce, properly endorsed, to Defendant, John W. Jones, II, by Certified Mail, No. 7001 1140000098349168, postage prepaid, restricted delivery, return receipt requested, to 5 Canterbury Court, Mechanicsburg, Pennsylvania, 17050, the Defendant's last known address; and that the Defendant received the Complaint in Divorce on April 12, 2002, pursuant to the return receipt card, which is attached hereto and marked Exhibit A. B , A/ e en J. Dz anin quire / I.D. #52653 . . 508 North Sec nd Street . P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Plaintiff ~ Sworn to and subscribed before e this ~, day of April, 02. NolariaI Se8I Den~~~1c My Comml8llOn EiiP/nIs May 1, 2004 Member, P8nn8yIv8nIa_olNolanes ~. . ~~'.-. ,,'[(,. · ~ Items 1, 2, and 3. AJso complete 11Im 4 ff Reatrk:ted DelIvery Is deoIl8d. · Prlnt)'OUr name and address on the rev""", ...that we ClIIl retum the can:lto you. · AIlach this can:t to the back of the mallplece, ... on the frOntff 8pIICe pennjto." 1. Article Addressed to: ';\;I JOhn LV .WOVl e5 I fr /r 5 CayJ~r bury (!OUt t' rY) €.Ciha n fc-S bu r r PI!! 17050 2. ArtIcle Numl>er (Copy from -label) A. RtpIwd by jPtesse PrInt Clearly) ..J O"n IJ :YOntS c. x 3. Ser1l:e Type ~MaII D~MaH o Registered B"Retum Receipt for Men:_ o InSUJOd Mail 0 C.O.D. 4. _ Delivery? (Extra Fee) os PIS FomI3811, Nit 1.. 7001 II yO QOOp 99.3Y9/6!' Ilor.-c AItl.wn .......,. asll..11181 EXHIBIT A i c j v "'" ~q.l -'0 ;;:0 -7 r"" '-'"'' U) \D C -< iJ~) ~l:;' ~ ; I:) --ri ~--) "~ (~5!Tl )> '- i"\.,) -, -~:>' :i; ~ C- (J1 -< -_..ti~~ r v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 -1754 KATHY M. JONES, Plaintiff JOHN W. JONES, II Defendant CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I, John W. Jones, II, the Defendant in the above-captioned matter, do hereby accept service of the Complaint In Divorce. 2 i?n~s, II Dated: 4/19/02 .. , 0 0 Cl C 1'0 -Tt s: "'" -otTi u "J1 ~rr.' ::0 ~. N ..':"n z:;" -~ :"-1 (f) h. .t:"" "~ 'r ;:$ ~':, ":ie, .'1:) . ri <-'-. '":JF:1 2Q :3: ;?;( , 1~ o IT! :1>C:: ".,.j Z .~ =<! '" 5:J (Jl -< CAROL 1. HOCKENBERRY, Plaintiff : IN THE COURT OF COMMON PLEAS OF v. : CUMBERLAND COUNTY, PENNSYLVANIA WAYNE D. HARDY, Defendant : No. 02-1790 : IN CUSTODY MOTION TO CANCEL HEARING Plaintiff, Carol 1. Hockenberry, by and through her attorney, David A. Lopez of MidPenn Legal Services, moves the Court for an Order canceling the hearing for April 24, 2002, in the above-captioned case on grounds that: I. An Order of Court, upon consideration of a Petition for Special Relief was entered by this Court on April 10, 2002, scheduling a hearing for Wednesday, April 24, 2002, at 2:00 p.m. 2. A Complaint for Custody was filed contemporaneously with the filing of the Petition for Special Relief. 3. A custody conciliation conference is scheduled for May 15,2002 at 2:30 p.m. 4. Defendant has requested Plaintiff's counsel cancel the April 24, 2002, hearing. 5. The parties agree that the hearing be canceled. 6. The parties request that the current Order, dated April 10, 2002, remain in effect pending further Order of Court. WHEREFORE, Plaintiff requests that the Court grant this motion and cancel the hearing scheduled for April 24, 2002, and that the Order of Court, dated April 10, 2002, remain in effect pending further Order of Court. Respectfully submitted. avid Lopez, Attorney for MidPenn Legal Services 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 0 .==, () C N .-il <" ,,. -0 i.\:: "'1') , rn f" ';-~? .1.} -:-~ ...., zf- N , hi (j'),' .,; t:;J -<~., .' () r::: l',.~ -r:J :Li ~8 - :,:j " ....'" 0 c T>? :~5cn _.~ '. ~ J> ",. ~J (,., "< CAROL 1. HOCKENBERRY, Plaintiff : IN THE COURT OF COMMON PLEAS OF v. : CUMBERLAND COUNTY, PENNSYL VANIA WAYNE D. HARDY, Defendant : No. 02-1790 : IN CUSTODY ORDER AND NOW, this 2!:L..ttaay of April, 2002, upon consideration of the attached Motion to Cancel Hearing, the matter scheduled for April 24, 2002 at 2:00 p.m. by this Court's Order of April 10, 2002, is hereby canceled. The Order of Court, dated April I 0, 2002, shall remain in effect pending further Order of Court. By the Court, David Lopez, Attorney for Plaintiff- M.~ ~ ~~~.) MidPenn Legal Services /d. 8 Irvine Row Carlisle, PA 17013 Wayne D. Hardy, Pro Se Defendant - "1l4 ~ 6800 Cannery Road Spring Grove, P A 17362 ViNVli1}..SNN3d "'Nni;0 ri>:'r,\,1:lPI~'("I'" f\.l... I .",1 .... _____"",1Iu '2'1 :z \Id "Z 'cld~ 20 ^'dV1C\"\~;'i"i i"~>L..j .:\0 :Y:i\~t:.o--(j:n~::! ......... . _.",".'W 'B."",,~ . . rr , .' _ .;' .n:i.,.,." , lii~.illlri KATHY M. JONES, Plaintiff IN THE COURT OF CQMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02 - 1754 Civil Term JOHN W. JONES, II, Defendant CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this ~ day of ~.J'^C?, 2002, u~on consideration of I the Child Custody Agreement dated June 13, 2002, a copy of whiph is attached hereto i and incorporated herein by reference, said Child Custody Agreerr)ent is approved and is I hereby made an Order of Court. BrT~~- \ j1~. LL-/<J-O'd. to: ( {j:zLlP-o.~\ tJ V.N\~"C/),SNN'3d ,UNnOJ c\r/l;~,rJ8~^Jn~ Sf; :01 H~ 8/ NOr 20 AI:JV1C'JJ:-LiUJd ':'>;1 :iO 3~)I:j~o-031L:J KATHY M. JONES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02 - 1754 Civil Term JOHN W. JONES, II, Defendant CIVIL ACTION - LAW CUSTODY CHILD CUSTODY AGREEMENT THIS CHILD CUSTODY AGREEMENT is made as of the. / gl#. day of _ k , 2002, by and between Kathy M. Jones (th~ "Mother") and John w,-.;JJes. II (the "Father). the parents of their minor child. zachJIY T. Jones (born , October 26, 1993) (the "Child). Mother and Father agree to the f~lIowing parenting plan for the custody of the Child: 1. The parties shall have joint legal custody, as defined in *3 Pa. C.S. ~ 5302, of the Child; legal custody being defined as the legal right tp make major decisions affecting the upbringing of the Child, including ibut not limited to , I medical, religious and educational decisions. The parti~ agree to discuss and I consult with one another on these decisions with a view ~o adopting a harmonious policy calculated to promoting the Child's bdst interests. Both , parties shall have the right to share in major parenting ~ecisions affecting the , I health, education, welfare and religious activities of theiChild. , 2. Mother shall have primary physical custody of the Chil~, whose residence shall be with Mother, subject to the following: a. During the school year, which shall include from bne week before the I Child starts school in the fall until one week afteri the last day of school I I in the spring (the "School Year Schedule"), Fath~r shall have the Child: I i. Every other weekend from Friday after sc~ool until Sunday afternoon; and ii. Such other times as the parties shall mutually agree. b. During the summer months, which shall include bne full week after the last day of school in the spring until one week bEtfore the first day of I school in the summer (the "Summer Schedule"),1 the following , schedule shall apply: , I i. Mother and Father shall share physical c~stody of the Child on , an alternating two-week basis, each two ~eek period to be from I Sunday afternoon until the second succe,ding Sunday afternoon, subject to such other times as ~he parties shall I mutually agree. The first such two-week feriod shall be with the Mother. c. Notwithstanding the above schedule, the followirng shall apply and I supercede the above schedule: , i. Mother shall have the Child every Mother'ls Day and Father I shall have the Child every Father's Day, s~ch day to be from the , Saturday evening before the day until Sunday evening of the I day. , ii. The parties shall alternate the holidays of I Easter, Memorial Day , (observed), Fourth of July, Labor Day (obferved), Thanksgiving I and Christmas, from the evening before t~e holiday until the , I morning after the holiday. In 2002 and alii even numbered I years, Mother will have Memorial Day, La~or Day and Christmas and Father will have Easter, F9urth of July and Thanksgiving. In 2003 and all odd numb~red years, Father will I I I I i ! - 2 - have Memorial Day, Labor Day and Christmas and Mother will have Easter, Fourth of July and Thanksgiving. 3. The party responsible for receiving the Child shall provide the transportation. , 4. Each parent is entitled to receive directly from the schqols, health care I providers, or other relevant sources, information concerning the Child. I i 5. Neither parent shall disparage the other in the Child's presence, regardless of I whether or not the Child is sleeping and each parent s~all foster in the Child a positive view of the other parent. 6. Each parent shall keep the other parent informed with an address and telephone number at which the Child will be while in hi~ or her custody. Each I parent shall be entitled to reasonable telephone conta~ with the Child while in the custody of the other parent. I 7. The parties may decide different time arrangements ot~er than those provided for in this Child Custody Agreement and shalllmake decisions for ! the Child whenever they mutually agree to do so. Noth~ng in this Agreement i is understood to limit or restrict the ability of the parties Ito mutually agree on I alternative parenting arrangements. If for any reason t~e parties cannot agree, the terms of this Child Custody Agreement will b~ followed. 8. During any period of custody or visitation, the parties s1all not possess or use any controlled substance, nor shall they consume alco~olic beverages to the I point of intoxication, or subject the Child to any unlawfu' activities. To the , extent of their abilities, the parties shall assure that oth~r household I members and/or houseguests comply with this prohibiti?n. i 9. The parties further agree to, and do hereby submit to tile jurisdiction of the I courts of the Commonwealth of Pennsylvania for purpo~es of the instant I I I - 3 - matter, and agree that the Commonwealth of Pennsylvania shall be the "home state" of the Child for all purposes. 10. The parties agree that Mother shall claim the Child as a dependent on her tax returns. 11. THE PARTIES ACKNOWLEDGE THAT A VIOLATION OF THIS AGREEMENT, IF ENTERED AS AN ORDER OF COURT, MAY RESULT !N CIV:L AND CRIMlNAL PENAL T:;:S :NCLUDING PROSECUTION PURSUANT TO SECTION 2904 OF THE PENNSYLVANIA CRIMES CODE REGARDING INTERFERENCE WITH CUSTODY OF CHILDREN. IN WITNESS WHEREOF, AND INTENDING TO BE LEGALLY BOUND HEREBY, we agree to abide by this Child Custody Agreement, which we adopt as of the day and year first above written, and agree to submit this Child Custody Agreement to the Court of Common Pleas of Cumberland County to be formalized into an Order of Court. WITNESS: tkf-- L/ '/ (T)1V/Y"'- / ~ t)~;'::(J WITNESS: Qtw~ ..rt)hn W. 6Ones, " - 4 - JUN 2 1 2002 ~ Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1754 CIVIL TERM KATHY M. JONES, v. CIVIL ACTION - LAW JOHN W. JONES, II, IN CUSTODY Defendant ORDER TO RELINQUISH JURISDICTION AND NOW, this 1ih day of June, 2002, the parties having reached an agreement which has been memorialized in a Stipulation to be filed with this Court, the Conciliator hereby relinquishes jurisdiction of the above captioned matter. :158514 o C "'?>' :s" -0 CD mr: Z:T: -:;,... f'" ~ti ):;(~, ~3 /' ~ a N o -''r': s ,,,- ....,...1 i~~:: -.-;:1 ~:;3 i'-) <"'-. ;:::, :J!: ~C) '.'.'-1 ,~~~~ 1~5 ~ -'~..' , . 2:4 '" c:;_: =< Cl ") f0 KATHY M. JONES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02 - 1754 Civil Term JOHN W. JONES, II, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF I~;TFNT'O'" TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S4904 relating to unsworn falsifications to authorities. JO~:R;~efendanl DATED: //10/0'5 . KATHY M. JONES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02 - 1754 Civil Term JOHN W. JONES, II, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301 (e) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsifications to authorities. ~~e~r DATED: /0-~ '- KATHY M. JONES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02 - 1754 Civil Term JOHN W. JONES, II, Defendant CIVIL ACTION - LAW IN DIVORCE ~FfIDAVIT OFJ~9NSENT 1. A Complaint in Divorce under 93301 (c) of the Divorce Code was filed on April 9, 2002 and was seNed on the Defendant on April 12, 2002. The Defendant also executed an Acceptance of SeNice form on April 19, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and seNice of the Complaint. 3. I consent to the entry of a final decree of divorce. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. flJvO-- /John VYJones, II, Defendant DATE: 1110/0) Cj ~.- (). KATHY M. JONES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02 - 1754 Civil Term JOHN W. JONES, II, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under 93301 (c) of the Divorce Code was filed on April 9, 2002 and was seNed on the Defendant on April 12, 2002. the Defendant also executed an Acceptance of SeNice form on April 19, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and seNice of the Complaint. 3. I consent to the entry of a final decree of divorce. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. ~07F K hy M. es, PI i iff DATE: 1/9/tJ 3 I t;. ~ KATHY M. JONES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02 - 1754 Civil Term JOHN W. JONES, II, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section [3301 (c) ~:301 (d)] of the Divorce Code. (Strike out inapplicable section). 2. Date of filing and manner of service of complaint: Complaint in Divorce filed April 9, 2002 and served by certified mail upon Defendant on April 12, 2002. Affidavit of SeNice was filed on April 19, 2002. Acceptance of SeNice by the Defendant was filed on April 24, 2002. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by 93301 (c) of the Divorce Code: by Plaintiff dated January 9, 2003, filed January 13, 2003; by Defendant dated January 10, 2003, filed January 15, 2003. (b)(1) Date of execution of the affidavit required by 93301 (d) if the Divorce Code: N/A; (2) Date of filing and seNice of the Plaintiff's affidavit upon the respondent: N/A 4. Related claims pending. None. 5. (Complete either (a) or (b).) (a) Date and manner of service of the notice of intention to file Praecipe to Transmit Record, a copy of which is attached: N/A. (b) 15, 2003. Date Plaintiff's Waiver of Notice was filed with the Prothonotary: January Date Defendant's Waiver of Notice Divorce was filed with the Prothonotary: January 15, 2003. Respectfully submitted, WIX, WENGER & WEIDNER (l / < Date: January 15, 2003 ,;', ,~ 'JZ /'f?'~/ ry./J0 [17'/7c-; ~~ r 12 /jr~lf/ 4q) /,,{7 [L? ~ e.; lI,. ., ~ KATHY M. JONES, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02 - 1754 Civil Term JOHN W. JONES, II, Defendant/Respondent CIVIL ACTION - LAW CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW, comes the Petitioner, Kathy M. Jones, by and through her attorneys, Wix, Wenger & Weidner, and files this Petition for Modification of Custody Order, and in support thereof avers as follows: 1. The Petitioner is Kathy M. Jones (the "Mother"), an adult individual who currently resides at 121 Mumper Lane, Dillsburg, PA 17019. 2. The Respondent is John W. Jones, II (the "Father"), an adult individual who currently resides at 86 Northview Drive, Mechanicsburg, PA 17050. 3. The parties are the parents of the minor child Zachary T. Jones (born October 26, 1993; age 10) (the "Child"). 4. On June 18, 2002, pursuant to an agreement of the parties, this Honorable Court entered an Order of Court relating to custody of the Child (the "Order"). A true and correct copy of the Order is attached hereto as Exhibit A and is incorporated herein by reference. 5. The Order should be modified because: a. The Order provides for Father to have custody of the Child every other weekend, but the Order does not specify the times. Despite Mother's efforts, Father refuses to discuss times for pick-up and delivery of the Child and Father has tried to dictate the times rather that discuss them with Mother. Although Mother intends to continue to try to cooperate with times convenient for both parties and the Child, the Order should set such times in the event the parties cannot agree or Father refuses to discuss the same. b. The Order has separate custody provisions for the school year and the summer months. During the summer months, the parties are to share custody of the Child on a two-week rotating basis. Despite this provision, the Father has not exercised any of his rights to the two-week rotating custody schedule in the past two summers. The Order should reflect the actual custody that Father exercises as to the Child. c. The Father refuses to take the Child to extra curricular activities or to monitor the Child's homework that occur or should be done during his periods of custody. Further, Father allows the Child to engage in entertainment that is inappropriate for a Child of the age of 10. Such activity is detrimental to the Child. d. Modification of the Order is in the best interest of the Child in order to provide for consistency and predictability of the custody arrangement for all parties involved and for the best interests of the Child. WHEREFORE, Petitioner respectfully requests that this Honorable Court modify the Custody Orders pursuant to the draft Stipulation of Custody attached hereto as Exhibit B and to grant such further relief as is just and appropriate. Respectfully Submitted, Date: / 11'1/0 <( '-<---' DRAFT KATHY M. JONES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02 -1754 Civil Term JOHN W. JONES, II, Defendant CIVIL ACTION - LAW CUSTODY CHILD CUSTODY AGREEMENT THIS CHILD CUSTODY AGREEMENT is made as of the day , 2004, by and between Kathy M. Jones (the "Mother") and John of W. Jones, II (the "Father"), the parents of their minor child, Zachary T. Jones (born October 26, 1993) (the "Child"). Mother and Father agree to the following parenting plan for the custody of the Child: 1. The parties shall have joint legal custody, as defined in 23 Pa. C.S. S 5302, of the Child; legal custody being defined as the legal right to make major decisions affecting the upbringing of the Child, including but not limited to medical, religious and educational decisions. The parties agree to discuss and consult with one another on these decisions with a view to adopting a harmonious policy calculated to promoting the Child's best interests. Both parties shall have the right to share in major parenting decisions affecting the health, education, welfare and religious activities of the Child. 2. Mother shall have primary physical custody of the Child, whose residence shall be with Mother, subject to the following: a. Father shall have the Child: i. Every other weekend from Friday at approximately 5:00 p.m. until Sunday at 4:00 p.m.; and ii. Such other times as the parties shall mutually agree. b. Notwithstanding the above schedule, the following shall apply and supercede the weekend schedule: i. Mother shall have the Child every Mother's Day and Father shall have the Child every Father's Day, such day to be from the Saturday evening the day before at approximately 6:00 p.m. until Sunday at 4:00 p.m. ii. The parties shall alternate the holidays of Easter, Memorial Day (observed), Fourth of July, Labor Day (observed) and Thanksgiving, from 6:00 p.m. on the evening before the holiday until 6:00 p.m. on the day of the holiday. In 2004 and all even numbered years, Mother will have Memorial Day and Labor Day and Father will have Easter, Fourth of July and Thanksgiving. In 2003 and all odd numbered years, Father will have Memorial Day and Labor Day and Mother will have Easter, Fourth of July and Thanksgiving. iii. Mother shall have the Child from Christmas Eve at approximately 4:00 p.m. until Christmas Day at 2:00 p.m. Father shall have the Child on Christmas Day at 2:00 p.m. until December 26 at 4:00 p.m. iv. Each parent shall have the Child for up to three (3) weeks for vacation, no more than two (2) such weeks consecutively, upon giving the other party at least thirty (30) days advance written notice, said vacations to not interfere with the Child's school or a holiday or Mother's Day/Father's Day schedule. In the event of a conflict of a chosen vacation week, the first to request the week in writing shall be the one entitled thereto. - 2 - 3. The parent responsible for receiving the Child shall provide the transportation. Either parent may have a relative, or a third party who is acceptable to both parties, pick up the Child. 4. Each parent shall be responsible for taking the Child to all extra curricular activities while in his or her care. If the custodial parent is unable to take the Child during such time, he or she shall notify the other parent at least 48 hours in advance and the other parent shall have the option of picking up the Child to take him to the activity. 5. Each parent is entitled to receive directly from the schools, health care providers, or other relevant sources, information concerning the Child. Each parent shall make sure that the Child completes his homework while in that parent's custody. 6. Neither parent shall disparage the other in the Child's presence, regardless of whether or not the Child is sleeping. Neither parent shall use the Child as a messenger, nor shall either parent intimate or suggest to the Child that he is the reason for the parent's difficulties or problems. Each parent shall foster in the Child a positive view of the other parent. 7. Each parent shall keep the other parent informed with an address and telephone number at which the Child will be while in his or her custody. Each parent shall be entitled to reasonable telephone contact with the Child while in the custody of the other parent. 8. The parties may decide different time arrangements other than those provided for in this Child Custody Agreement and shall make decisions for the Child whenever they mutually agree to do so. Nothing in this Agreement is understood to limit or restrict the ability of the parties to mutually agree on - 3 - alternative parenting arrangements. If for any reason the parties cannot agree, the terms of this Child Custody Agreement will be followed. 9. During any period of custody or visitation, the parties shall not possess or use any controlled substance, nor shall they consume alcoholic beverages to the point of intoxication, or subject the Child to any unlawful activities. To the extent of their abilities, the parties shall assure that other household members and/or houseguests comply with this prohibition. Each parent shall ensure that the Child is not subject to activities or entertainment that is not age appropriate (e.g. no "R" or "X" rated movies or TV shows or "M" rated video games). Additionally. each parent shall ensure that the Child is properly bathed, fed and clothed while in his or her care. 1 O. The parties further agree to, and do hereby submit to the jurisdiction of the courts of the Commonwealth of Pennsylvania for purposes of the instant matter, and agree that the Commonwealth of Pennsylvania shall be the "home state" of the Child for all purposes. 11. The parties agree that Mother shall claim the Child as a dependent on her tax returns. 12. THE PARTIES ACKNOWLEDGE THAT A VIOLATION OF THIS AGREEMENT, IF ENTERED AS AN ORDER OF COURT, MAY RESULT IN CIVIL AND CRIMINAL PENALTIES INCLUDING PROSECUTION PURSUANT TO SECTION 2904 OF THE PENNSYLVANIA CRIMES CODE REGARDING INTERFERENCE WITH CUSTODY OF CHILDREN. - 4 - IN WITNESS WHEREOF, AND INTENDING TO BE LEGALLY BOUND HEREBY, we agree to abide by this Child Custody Agreement, which we adopt as of the day and year first above written, and agree to submit this Child Custody Agreement to the Court of Common Pleas of Cumberland County to be formalized into an Order of Court. WITNESS: Kathy M. Jones WITNESS: John W. Jones, II F:\sjd\4711 Jones, Kathy M\ 11599 Domestic Relations\Documents\Custody Agreementll.docl/13/04 1 :01 PM - 5 - , ~ll'~:~'''! i'i;:'c;."'''~'lCi''''h~,~~'W'J;," :",:,";~; a.1*:~ .' " '. ^TI:OR.}I.IEYS'ATLAW"- - ,,', ,'.,'.,,- ,.',,'.",.'.'_,-', '\ 50B NORTJ.i 5EcoNb' SThEE -! ), 1 POST OFfICF!80X: :845 : H D. ---='--h 't_\ - A...RI5 UP~;-- _.~J"':> YANI^J7/0 .0845 -,:1'-- . -j ,(717) 234-4162,; l TELECOPJER 17/7J 234;~4224 - '11 ...---'-----"'-'--'" CERTI il'IEb TRUE: COPY KATHY M. JONES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02 -1754 Civil Term JOHN W. JONES, II, Defendant CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this 11'- day OfjWU't'< , 2'002, upon consideration of the Child Custody Agreement dated June 13, 2002, a copy of which is attached Ilereto and incorporated herein by reference, said Child Custody Agreement is approved and is hereby made an Order of Court. By The Court: j5//)J9/L\) lJ!bJ/ In T!RUE COpy FRO,M RECerm a d '..1t1m. on~Whe:e. f, I here unt.o set my hand 1. ) e SllalgOf saitco rt5}car/jS/e, Pa. Th j I ~, ~ ...... ....... a.", .L6-.l>!.t:-9rf_:l ~)1 'I 1 ('\ . ..' -'o..;.u...... .~!I /vv", . . ..... . .. -..- . t.4-:.!..!u ' ~ rothonotary, l~xl1i_b i l i\ KATHY M. JONES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02 -1754 Civil Term JOHN W. JONES, II, Defendant CIVIL ACTION - LAW CUSTODY CHILD CUSTODY Ar.:REEMENT .~ THIS CHILD CUSTODY AGREEMENT is made as of the ) j day of t~ , 2002, by and between Kathy M. Jones (the "Mother") and John W. Jones, II (the "Father"), the parents of their minor child, Zachary T. Jones (born October 26, 1993) (the "Child). Mother and Father agree to the following parenting plan for the custody of the Child: 1. The parties shall have joint legal custody, as defined in 23 Pa. C.S. S 5302, of the Child; legal custody being defined as the legal right to make major decisions affecting the upbringing of the Child, including but not limited to medical, religious and educational decisions. The parties agree to discuss and consult with one another on these decisions with a view to adopting a harmonious policy calculated to promoting the Child's best interests. Both parties shall have the right to share in major parenting decisions affecting the health, education, welfare and religious activities of the Child. 2. Mother shall have primary physical custody of the Child, whose residence shall be with Mother, subject to the following: a. During the school year, which shall include from one week before the Child starts school in the fall until one week after the last day of school in the spring (the "School Year Schedule"), Father shall have the Child: i. Every other weekend from Friday after school until Sunday afternoon; and , ii. Such other times as the parties shall mutually agree. b. During the summer months, which shall include one full week after the last day of school in the spring until one week before the first day of school in the summer (the "Summer Schedule"), the following schedule shall apply: i. Mother and Father shall share physical custody of the Child on an alternating two-week basis, each two week period to be from Sunday afternoon until the second succeeding Sunday afternoon, subject to such other times as the parties shall mutually agree. The first such two-week period shall be with the Mother. c. Notwithstanding the above schedule, the following shall apply and supercede the above schedule: i. Mother shall have the Child every Mother's Day and Father shall have the Child every Father's Day, such day to be from the Saturday evening before the day until Sunday evening of the day. ii. The parties shall alternate the holidays of Easter, Memorial Day (observed), Fourth of July, Labor Day (observed), Thanksgiving and Christmas, from the evening before the holiday until the morning after the holiday. In 2002 and all even numbered years, Mother will have Memorial Day, Labor Day and Christmas and Father will have Easter, Fourth of July and . Thanksgiving. In 2003 and all odd numbered years, Father will - 2 - have Memorial Day, Labor Day and Christmas and Mother will have Easter, Fourth of July and Thanksgiving. 3. The party responsible for receiving the Child shall provide the transportation. 4. Each parent is entitled to receive directly from the schools, health care providers, or other relevant sources, information concerning the Child. 5. Neither parent shall disparage the other in the Child's presence, regardless of whether or not the Child is sleeping and each parent shall foster in the Child a positive view of the other parent. 6. Each parent shall keep the other parent informed with an address and telephone number at which the Child will be while in his or her custody. Each parent shall be entitled to reasonable telephone contact with the Child while in the custody of the other parent. 7. The parties may decide different time arrangements other than those provided for in this Child Custody Agreement and shall make decisions for the Child whenever they mutually agree to do so. Nothing in this Agreement is understood to limit or restrict the ability of the parties to mutually agree on alternative parenting arrangements. If for any reason the parties cannot agree, the terms of this Child Custody Agreement will be followed. 8. During any period of custody or visitation, the parties shall not possess or use any controlled substance, nor shall they consume alcoholic beverages to the point of intoxication, or subject the Child to any unlawful activities. To the extent of their abilities, the parties shall assure that other household members and/or houseguests comply with this prohibition. 9. The parties further agree to, and do hereby submit to the jurisdiction of the courts of the Commonwealth of Pennsylvania for purposes ofthe instant - 3 - , matter, and agree that the Commonwealth of Pennsylvania shall be the "home state" of the Child for all purposes. 10. The parties agree that Mother sh~lI claim the Child as a dependent on her tax returns. 11. THE PARTIES ACKNOWLEDGE THAT A VIOLATION OF THIS AGREEMENT, IF ENTERED AS AN ORDER OF COURT, MAY RESULT IN CIV:L AND C::1IMINAL PENAL T::S :NCLUDING PROSECUTION PURSUANT TO SECTION 2904 OF THE PENNSYLVANIA CRIMES CODE REGARDING INTERFERENCE WITH CUSTODY OF CHILDREN. IN WITNESS WHEREOF, AND INTENDING TO BE LEGALLY BOUND HEREBY, we agree to abide by this Child Custody Agreement, which we adopt as of the day and year first above written, and agree to submit this Child Custody Agreement to the Court of Common Pleas of Cumberland County to be formalized into an Order of Court. WITNESS: crAiW- L~ I (Wn "'^' I ,; /\I~' .;.<: c.::JJLL I'" K~thy ':(hone WITNESS: flj 1.1 fL--.. ;::,~. ~~s, II - 4 - VERIFICATION I, Kathy M. Jones, Plaintiff/Petitioner in the foregoing Petition for Modification of Custody Order, have read the said Petition and hereby affirm and verify that it is true and correct to the best of my personal knowledge, information and belief. I verify that all of the statements made in the foregoing are true and correct and that false statements made therein may subject me to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. ~4smr) DATE: 1/1'1)'1 KATHY M. JONES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02 -1754 Civil Term JOHN W. JONES, II, Defendant CIVIL ACTION - LAW CUSTODY CERTIFICATE OF SERVICE I hereby certify that the foregoing Petition for Modification of Custody Order was sent by first class, postage prepaid mail this day to the following: Mr. John W. Jones, II 86 Northview Drive Mechanicsburg, PA 17050 DATE: January 14, 2004 ~"~ \\\ ~ ~. ~ l-'\ ~. (X\ }J ~.I\" """,', "\ "i ',' "- ~ -~- ~ ~ c..,,_ :::;~ .Co'. ;'i'\ -- .',:.. ,.~, C_j C'. KATHY M. JONES PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 02-1754 CIVIL ACTION LAW JOHN W. JONES, II DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, January 23, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective cOlillsel appear before Melissa P. Greevy, Esq. at 301 Market Street, Lemayne, PA 17043 on Tuesday, February 17, 2004 , the conciliator, 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 furuish auy aud all existiug Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 honrs prior to scheduled hearing. FOR THE COLlRT. By: Isl 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 A I' ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OLlT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~.~.-;2 ~ ~ ~76~~ ~-~lL, ~6~:Z ~-~-~ /x7."ll"./ I7cJ . '7('. I hl7/je. ! .~ ()i" .1 ~~(.. -j !I,~.f .C":;, ~I)!""l L, ~'r:.. ij/ "1 t:Gn, , {Wi,;',.. ::fC) MAR \.l 2 2004 i Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1754 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY KATHY M. JONES, v. JOHN W. JONES, II, Defendant BAYLEY, J. --- ORDER OF COURT AND NOW, this j rO- day of ~ ' 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. This Court's Order of June 18, 2002 is VACATED and replaced with the following. 2. Lecal Custody. The Mother, Kathy M. Jones, shall have primary legal custody of the minor child, Zachary T. Jones, bom October 26, 1993. Mother shall have primary responsibility for making decisions regarding the health, education, and religious upbringing of the child. Mother shall retain a continuing duty to provide information to the Father regarding the child's developmental progress, medical status, and any decisions she may make with regard to education and religious upbringing. Pursuant to 23 Pa.C.S. 95309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records. In the event that Father does not desire communication from Mother regarding the child, upon receipt of his written request to that effect, Mother will be relieved of her notice obligation and subsequent failure on her part to provide notice to Father shall not form the basis for a contempt action against her. 3. Phvsical Custodv. Mother shall have sole physical custody with Father having periods of partial custody or visitation as the parties may agree. 4. Transportation. The parent responsible for receiving the child shall provide the transportation. Either parent may have a relative, or a third party who is acceptable to both parties, pick up the child. 5. Each parent shall be responsible for taking the child to all extra curricular activities while in his or her care. If the custodial parent is unable to take the child during such time, he or she shall notify the other parent at least 48 hours in advance and the other parent shall have the option of picking up the child to take him to the activity. NO. 02-1754 CIVIL TERM 6. Each parent shall make sure that the child completes his homework while in that parent's custody. 7. Neither parent shall disparage the other in the child's presence, regardless of whether or not the child is sleeping. Neither parent shall use the child as a messenger, nor shall either parent intimate or suggest to the child that he is the reason for the parents' difficulties or problems. Each parent shall foster in the child a positive view of the other parent. 8. Subject to the terms of Paragraph 2, each parent shall keep the other parent informed with an address and telephone number at which the child will be while in his or her custody. 9. Telephone Contact. Each parent shall be entitled to reasonable telephone contact with the child while in the custody of the other parent. 10. During any period of custody or visitation, the parties shall not possess or use any controlled substance, nor shall they consume alcoholic beverages to the point of intoxication, or subject the child to any unlawful activities. To the extent of their abilities, the parties shall assure that other household members and/or houseguests comply with this prohibition. Each parent shall ensure that the child is not subject to activities or entertainment that is not age appropriate (e.g. no "R" or "X" rated movies or TV shows or "M" rated video games). Additionally, each parent shall ensure that the child is properly bathed, fed and clothed while in his or her care. 11. The Commonwealth of Pennsylvania shall be the "home state" of the child for all purposes. 12. Cumberland County Court of Common Pleas shall retain jurisdiction of this matter. 13. Counsel for the Mother shall serve a copy of this Order upon the Defendant and file a Return of Service with the Court promptly thereafter. NO. 02-1754 CIVIL TERM 14. In the event that Father is aggrieved by the terms of this Order, upon proper petition, the Custody Conciliation Conference may be scheduled to reconvene. BYTHE~)~ ~VV\(&~~ Edgar B. Bayley, J. Dlst: Stephen J. Dzuranin, Esquire, PO Box 845. Harrisburg, PA 17108-0845 John W. Jones, II, 86 Norlhview Drive, Mechanlcsburg. PA 17050 -- VNVi\lASNN3d J "Ir:~^ ~" ru-,.-'''n.... 1\l.1', ;(.1;.) 'j",,(o/ i":J'::::i'jy'f v 81 : 1/ 14\1 ~- (JVJ./ ~DDl J "\~li'\lr"lliO"d ::JHl ./'1 th..' r.l.V! ~V, 'O...t ;;]1..1 3J/:l:IO-CJ31t1 KATHY M. JONES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1754 CIVIL TERM CIVIL ACTION - LAW v. JOHN W. JONES, II, IN CUSTODY Defendant 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 THE CUSTODY OF Zachary T. Jones October 26, 1993 Mother 2. A Custody Conciliation Conference was held on February 17, 2004 following the filing of a Petition for Modification of Custody Order by Mother on or about January 21, 2004. Present for the conference were: the Mother, Kathy M. Jones, and her counsel, Stephen J. Dzuranin, Esquire; the Father, John W. Jones, II, did not attend. However, on February 10, 2004 the Custody Conciliator received a message from Herschel Lock, Esquire indicating that Father did not intend to appear at the upcoming Custody Conciliation Conference and neither would Mr. Lock appear. 3. Mother's Dosition on custody: Mother sought to modify the present custodial Order to establish specific times for Father's custodial weekend to begin and end and to confirm the status quo of the parties' practices with regard to summer periods of custody. Mother reports that the child last saw the Father on December 24, 2003 for approximately two (2) hours. She reports that the Father called her and has indicated that he no longer wants to exercise his custodial rights. Mother's counsel reports that he confirmed this with Father's counsel. Mother seeks sole physical custody and legal custody with periods of partial custody as the parties agree. Mother's counsel indicated that he tried to resolve the custody matter with a proposal sent to Attorney Lock on November 26, 2003. However, because he did not receive a response this Petition to Modify Custody was filed. 4. Father's Dosition on custodv: Because Father's attorney, Herschel Lock, indicated that neither he nor his client would attend the Custody Conciliation Conference, the Conciliator will assume that service has been conceded by the Defendant Father. NO. 02-1754 CIVIL TERM However, Father's position is unknown because he elected not to attend or be represented at the Conciliation Conference. 5. The Conciliator's Recommendation. In light of Father's failure to attend the Custody Conciliation Conference, Mother's request for modification is unopposed. Accordingly, the Conciliator provides the attached recommended Order which shall be served by the Plaintiff's counsel. Plaintiff's counsel will subsequently file a Return of Service indicating that service of the Order has been comPleter2 J~/nll L4.Jrd ~(J_ ~ Date ' Melissa Peel Greevy, Esquire Custody Conciliator :224835 KATHY M. JONES, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02 - 1754 Civil Term JOHN W. JONES, II, Defendant/Respondent CIVIL ACTION - LAW CUSTODY AFFIDAVIT OF SERVICE I, Stephen J. Dzuranin, Esquire, being duly sworn according to law, deposes and says that he is an attorney at law duly authorized to practice law in the County of Cumberland, Commonwealth of Pennsylvania, that on March 5, 2004, I sent a true and correct copy of the Order of Court dated March 3, 2004 with regard to custody of Zachary T. Jones, properly endorsed, to Defendant, John W. Jones, II, by Certified Mail, No. 7003 1680 0006 5640 5986, postage prepaid, restricted delivery, return receipt requested, and by First Class Mail postage prepaid, to 86 Northview Drive, Mechanicsburg, PA 17050, the Defendant's iast known address and that the Certified Mail was returned unclaimed as shown by the copy of the envelope that is attached hereto and marked Exhibit A. The First Class mailing was not returned. Sworn to and subscribed before me this ~Lr+J....., day of (~rch, 2004. o-~ m. ~tU. Notary Public My Commission Expires: (SEAL) NO'l'ARIALseAL USA M. SITES. NOTARY PUBUC CITY OF HARRISBURG, DAUPHIN COUNTY MY COMMISSION EXPIRES APRIL 28. 2005 .J' -~ :J: > ~ 0 ~ :om v; iJ1 ?< '. m:o 0 ~ '" '" 0-1 c: ." ~ , [!!2j p 0 'i ~ ~ 0 m "TIm ." ~ Z -10 ~ 0 0 Cl :Os: ." r ;0 m)> 'i ." V> Z m n m '" 0- ~ m ~ cr m n m:O :< '" 0 ~ GO ~~ ~ ~ z ~ 0 me :;: g' !q ~ 0:0 Z :::: iJ1 ;0 tJ m 0 m Z :~ if -i m 0 '" g' U1 bm ....1::1 o CI"'" :>> 0000 'zz.:Ji'>- c:::oo~= Z"""'Iu)rTIC: i:Clc:a:." I"""mn""O." rn!::::C-ln -1~'Zc:;m 0", Z "",>.~"""'I ~~~-1~ :em~:lCo ;P>U)'Z0'" :aU)..... m C1:.:a:e: cmZ ~~ m .. ~~ o .... '" ~ H '^ '~ ~oo " '" g.z 0: 0 :::l ::\ ::r ~ <: 0" (5. ~ :E q<> tJ 'tl ::1. >1i -u CJ CJ I.JJ "... IT" 0> CJ 0 CJ CJ ~ IT" I.n "'"" IT" C 5" .c CJ ::e I.n ..D "'"" 0> g IT" " '" EXHIBIT A F:\sjd\4711 Jones, Kathy M\11599 Domestic Relatlons\Documents\Affidavit of Service. March, 20Q4.doc ~ .~ '"'... C'") ,.. . ~ ~ ~ el :r-. ~~C> , r- 'I rb - --.J o VI o .- .... a--. \ C> -l:: !-',-() n r; <::.0- "1;'fT. Q::'.) ,': oL~ :(. ;~.: [ (Jl~' ~'.' ~C: ;;.~C. L{-) :r;;.(~ :J ,.,., <= <= .r- :x """ = "''' (...1'"1 o .., .--{ ..,.. ffi""r' i3~ ::;i-r; ~~ ~::, -t> -0 ::n: N C1 +- KATHY M. JONES, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. JOHN W. JONES, II, Defendant/Respondent CUSTODYNISIT ATION No. 02 - tT5-Civil Term /751.( PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW, comes the Petitioner, Kathy M. Jones, by and through her attorneys, Wix, Wenger & Weidner, and files this Petition for Modification of Custody Order, and in support thereof avers as follows: 1. The Petitioner is Kathy M. Jones (the "Mother"), an adult individual who currently resides at 114 E. Garfield Street, Shippensburg, PA 17257. 2. The Respondent is John W. Jones, II (the "Father"), an adult individual who Petitioner believes and therefore avers currently resides at 86 Northview Drive, Mechanicsburg, PA 17050. 3. The parties are the parents of the minor child, Zachary T. Jones (born October 26, 1993; age 11) (the "Child"). 4. On March 3, 2004, after a custody conciliation conference at which Respondent failed to appear despite receiving notice thereof, this Honorable Court entered an Order of Court relating to custody of the Child (the "Order"). A true and correct copy of the Order is attached hereto as Exhibit A and is incorporated herein by reference. 5. The Order granted Mother primary legal custody of the Child and required Mother to provide information to Father regarding the Child's developmental progress, medical status, and any decisions she makes regarding the Child's education and religious upbringing. The Order allowed Mother to be relieved of her obligation to provide information regarding the Child to Father upon receipt of Father's written request to that effect. 6. The Order also granted Mother sole physical custody of the Child, subject to periods of partial custody or visitation as the parties may agree. 7. The Order was served on Father by Mother's attorney and verification thereof was made pursuant to an Affidavit of Service filed with the Court on March 25, 2004, a true and correct copy of which is attached hereto as Exhibit B. 8. The Order should be modified because: a. Father has expressed almost no interest in receiving information regarding the Child despite Mother's continuing to provide such information. When Mother does provide such information, which is at times done through email, she is met with Father's adversity and ridicule against Mother, which evidences Father's lack of interest in the information provided. b. Recently, Mother planned to take a vacation with the Child to Canada, pursuant to which Mother investigated what documentation she would need to take the Child out of the United States. Mother was informed that, because Father has some legal custody, she would need Father's written and notarized consent to take the Child out of the country. When Mother requested this from Father, she was not only denied the written statement, but was again berated and belittled by Father who chose to dwell on the reasons that Mother and Father were divorced, rather than grant his written approval or provide a cogent reason for withholding the same. Mother was thus forced to cancel her vacation plans. c. Both Mother and the Child have tried to contact Father by phone and email. Only one time since the entry of the Order has Father spoken with the Child, which phone contact was abruptly interrupted for unknown reasons. When the Child called back, Father did not answer his cell phone, which was the same number the Child initially used to contact the Father. Numerous other telephone messages were also not returned by Father. d. Father has not seen the Child since prior to the date of the Order and has expressed no interest and has made no attempts to see or visit with the Child, despite several offers from Mother to provide time for Father to see his Child. e. Modification of the Order to grant to Mother sole legal custody, including the right to make all decisions for the Child without any notification to the Father unless Father specifically requests the same in writing, is in the best interest of the Child in order to provide for consistency and predictability of the custody arrangement for the Child and the Mother, to allow normal vacation plans both out of state and out of the country, and to eliminate the continuing verbal harassment Mother endures whenever she attempts to communicate with the Father concerning the Child. WHEREFORE, Petitioner respectfully requests that this Honorable Court modify the Custody Order to grant to Mother sole legal custody and to remove the obligation for Mother to provide information to the Father concerning the Child unless and until Father specifically requests the same, which request should be renewed by Father on a regular basis from Father until he shows a pattern of interest in the well being of the Child. Respectfully Submitted, WIX, W~ER )W~ ! / By: Date: April 26, 2005 ~ \ E}(I-\lSI"T A ~ MAR 0 2 2004i Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1754 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY KATHY M. JONES, v. JOHN W. JONES, II, Defendant $A YLEY, J. --- AND NOW, this .3rd day of c# the attached Custody Conciliation Summa f9110ws: 1. This Court's Order of June 18, 2002 is VACATED and replaced with the f4nowing. , 2004, upon consideration Report, it is hereby ordered and directed as . 2. Leaal CustodY. The Mother, Kathy M. Jones, shall have primary legal custody o~ the minor child, Zachary T. Jones, bom October 26, 1993. Mother shall have primary r sponsibility for making decisions regarding the health, education, and religious upbringing o the child. Mother shall retain a continuing duty to provide information to the Father r arding the child's developmental progress, medical status, and any decisions she may m ke with regard to education and religious upbringing. Pursuant to 23 Pa.C.S. 95309, e ch parent shall be entitled to all records and information pertaining to the child including, b t not limited to, medical, dental, religious or school records. In the event that Father does n t desire communication from Mother regarding the child, upon receipt of his written re uest to that effect, Mother will be relieved of her notice obligation and subsequent failure o her part to provide notice to Father shall not form the basis for a contempt action against he. 'i 3. Phvsical CustodY. Mother shall have sole physical custody with Father having periods of partial custody or visitation as the parties may agree. , 4. Transportation. The parent responsible for receiving the child snail provide the tra~sportation. Either parent may have a relative, or a third party who is acceptable to both pa~ies, pick up the child. ! 5. Each parent shall be responsible for taking the child to all extra curricular acttities while in his or her care. If the custodial parent is unable to take the child during su time, he or she shall notify the other parent at least 48 hours in advance and the other par nt shall have the option of picking up the child to take him to the activity. I -- NO. 02-1754 CIVIL TERM 6. Each parent shall make sure that the child completes his homework while in that parent's custody. 7. Neither parent shall disparage the other in the child's presence, regardless of ~hether or not the child is sleeping. Neither parent shall use the child as a messenger, nor hall either parent intimate or suggest to the child that he is the reason for the parents' jfficulties or problems. Each parent shall foster in the child a positive view of the other arent. - , , \ 8. Subject to the terms of Paragraph 2, each parent shall keep the other parent i~formed with an address and telephone number at which the child will be while in his or her c~stody. i 9. Telephone Contact. Each parent shall be entitled to reasonable telephone qntact with the child while in the custody of the other parent. 10. During any period of custody or visitation, the parties shall not possess or use a y controlled substance, nor shall they consume alcoholic beverages to the point of in oxication, or subject the child to any unlawful activities. To the extent of their abilities, the p rties shall assure that other household members and/or houseguests comply with this pr hibition. Each parent shall ensure that the child is not subject to activities or en ertainment that is not age appropriate (e.g. no "R" or "X" rated movies or TV shows or "M" rated video games). Additionally, each parent shall ensure that the child is properly ba hed, fed and clothed while in his or her care. i 11. The Commonwealth of Pennsylvania shall be the "home state" of the child for all purposes. i 12. Cumberland County Court of Common Pleas shall retain jurisdiction of this mafer. J 13. Counsel for the Mother shall serve a copy of this Order upon the Defendant an~ file a Return of Service with the Court promptly thereafter. I. NO. 02-1754 CIVIL TERM 14. In the event that Father is aggrieved by the terms of this Order, upon proper petition, the Custody Conciliation Conference may be scheduled to reconvene. BY THE COURT: Di~t: Stephen J. Dzuranin, Esquire, PO Box 845, Harrisburg, PA 17108-0845 John W. Jones, II, 86 Northview Drive. Mechanicsburg, PA 17050 EXHIBli B \. KATHY M. JONES, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02 - 1754 Civil Term ~OHN W. JONES, II, Defendant/Respondent CIVIL ACTION - LAW CUSTODY AFFIDAVIT OF SERVICE I, Stephen J. Dzuranin, Esquire, being duly sworn according to law, deposes and s ys that he is an attorney at law duly authorized to practice law in the County of umberland, Commonwealth of Pennsylvania, that on March 5, 2004, I sent a true and c rrect copy of the Order of Court dated March 3, 2004 with regard to custody of Z chary T. Jones, properly endorsed, to Defendant, John W. Jones, II, by Certified Mail, N . 7003 1680 0006 5640 5986, postage prepaid, restricted delivery, return receipt requested, and by First Class Mail postage prepaid, to 86 Northview Drive, M chanicsburg, PA 17050, the Defendant's last known address and that the Certified M iI was returned unclaimed as shown by the copy of the envelope that is attached h reto and marked Exhibit A. The First Class mailing was not returned. By,. I Ste liD. 52653 /508 North Second Street l-.'/ P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Plaintiff Sw rn to and subscribed bef re me this ~Lr+"-, day of (~r h, 2004. 0< (Y).. 3JJ-A. Nota Public My ommission Expires: (BE L) 0 "'" = 0 c: = -" <'" ...- l:JtTj :x :r.., mn. >- ~n--= ~';r" :;;>V -oF;; ~,~ N 59 (.11 r:::c' ~S ~c .." Zt'::' ::x l_:C) S>c: ~ ~~m =:t 0 ~ -< .s:- -< NO'fAFlIAl SEAL USA M. SITES, NOTARY PUBLIC CITY OF HARRISBURG. DAUPHIN COUNTY MY COMMISSION EXPIRES APRIL 28. 2005 ~ :t > (') ;<J ...., ;<J ?< ( :om ~ "' m:O 0 i '" (ll (')-1 c: '" ~ m'Ti p 0 t. ~ =Oiii =1 0 m '0" Z -io '" ~ 0 '" 0 () ::0;;:: Z ." :t ~ m)> t. ." '" m 0- ~ 1'i en ~ (:l c:r en ('\ mJl ~ '" 0 ~ "" cnm ~ t. -i-l t. 0 ~ me :;; OJ !:\ ~ m OJl .. - z " "' ;<J ~ ^ 0 en ., en P' '" -i m ~ 0 (:l ~ "' -..J I:J I:J lJJ "" If' 0> I:J I:J I:J ,., I:J ~ 00 ~ If' Ii!~ '" 0-, :-' () Z Ln ::r <- If' 0 C '" ;4 .&: 0 e. ::;- ::r '" I:J () < :< en r;;' Ln 000>- cr" ~ :2 ...ll '-< 0> 0000 <1" t1 0 lI'" -zz::>- '"tl ::1. ~ CQO~~ >Ci S" z-l 0" rnc ,.... r.""-o ~~~B:~ ,.... ,.., .~ :;c:c~c; -.l -4~~g;m 0 ""--. v. <"') =" Z 0 'TI".a:~.... 1"', ClCSlal-l> =~~~a ~ E:Po-z~ ~ ~cn~o", c:r.,..:D=== ~ ",mZ rg ~~ m '" a~ ~ ", .... \...,.)~C' '" m " , )" r- cr-- r Iv \ <> -..c ~ ':,:> :=:0 '. ,~') " EXHIBIT A F:\sld\4711 Jones, Kathy M\11S99 Domestic Relations\Documents\Affidavit of Service. March, 2004.doc VERIFICATION I, Kathy M. Jones, Plaintiff/Petitioner in the foregoing Petition for Modification of Custody Order, have read the said Petition and hereby affirm and verify that it is true and correct to the best of my personal knowledge, information and belief. I verify that all of the statements made in the foregoing are true and correct and that false statements made therein may subject me to the penalties of 18 Pa.C.SA Section 4904, relating to unsworn falsification to authorities. I ! DATE: f/ls/6r- ~--U~r'll 'Jny^LCAJ Kath M. Jo / ~ " ~ "" " ~ --.i C\ _. \,. ",,.J ~. ~ .~ ~ c ~ ,,') c " , \ o -n ~;) %-n..,.. ():. ~", ; 1,,( CJ",I ~')> (~ , ," 1 c' <-.' (1 "t- c) ,'" ~,.~'; .-< :::,. b :> KATHY M. JONES PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V AN fA v. 02-1754 CIVIL ACTrON LA W JOHN W. JONES, II DEFENDANT IN CUSTODY ORDER OF COURT Ji,NDNOW, Friday, May 06, 2005 ._' upon consideration of the attached Complaint, it is her<1bY directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at tlJ Man!()~',;,.l~()L~ta.t" Sf., Camp Hi~PAJ?()!!_~ on Fridav, June 10,2005 at }:OO PM for a Prd-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this e*nnol be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. A\1l children age five or older may also be present at tbe conference. Failure to appear at the conference may providel grounds for entry of a temporary or pennanent order. fi'he court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: _ Isl Melissa P. Greevy, Esq. Custody Conciliator \01V The Court of Common [,feas ofCumberJand County is required by law to comply with the Americans with Disabilites Act of 1990. For info011ation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our omce. All arrangements l11ust be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled cq,nference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT fiA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, pennsylvania 17013 Telephone (717) 249-3166 41??1f?" ~ 7 tfr-V>1/ Iyd(} P .Jf/ Z o/?~n( ?;:l?lI, ~7.?t/JFtfp b' 7 o/~ ~/ p7;' " I .,'J r:,r" .'~ !u ) ~I 't.., . .,: c' ~ ",'- " ~. , ' [;',(",7 ....,...l."" r::.'. . .>J15 .5<7' '7 .S )(J (l) 'Y' / RECEIVED JUN 1 7 Z005~ KATHY M. JONES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1754 CIVIL TERM v. CIVIL ACTION - LAW JOHN W. JONES, II, IN CUSTODY Defendant BAYLEY, J. --- ORDER OF COURT AND NOW, this ~ day of ~ ' 2005, upon consideration of the attached Custody Conciliation Summary eport, it is hereby ordered and directed that this Court's Order of March 3, 2004, is modified as follows: 1. The Mother, Kathy M. Jones shall be permitted to take the child, Zachary T. Jones, born October 26, 1993, to points outside of the United States of America for temporary periods for the purpose of vacation. 2. Within ten (10) days from the date of this Order, Mother shall provide Father with the name and telephone number of the child's dentist, orthodontist, and primary care physicians. In the event that there are any changes or additions of the child's medical care providers, Mother shall provide Father with this notification via United States mail. Mother will communicate with Father regarding major medical decisions and information via cell phone. Mother shall continue as primary legal custodian of the minor child and the parties' decision-making discussions shall be limited to topics related to the health and well-being of their son, Zachary. Mother shall also convey information regarding the name and phone number of the school where Zachary is enrolled and will notity-. 0 th name of the homeroom teacher when that information becomes av~ to her. Dist: Stephen J. Dzuranin, Esquire, PO Box 845, Harrisburg, PA 17108-0845 John W~I. 86 Northview Drive, Mechanicsburg" PA 17050 ,~ o\9'P FILEO--0':riCE OF THE PROTI'.'lOrJOTARY 2005 JUN 20 P~i 2: 03 C'v'H,"'", (V'"J~_, 'M.! --- - Plaintiff RECEIVED JUN 1 7 Z005~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1754 CIVIL TERM CIVIL ACTION - LAW KATHY M. JONES, v. JOHN W. JONES, II, IN CUSTODY Defendant 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 THE CUSTODY OF Zachary T. Jones October 26, 1993 Mother 2. Mother filed a Petition for Modification of a Custody Order on May 2, 2005. A Custody Conciliation Conference was held on June 8, 2005. Attending the Conciliation were: the Mother, Kathy M. Jones, and her counsel, Stephen J. Dzuranin, Esquire; the Father, John W. Jones, II, appeared pro se. 3. fp/)(Q IDS Date . The parties reached an agreement in the form of an Order as attached. Ulza~ Melissa Peel Greevy, ESquire Custody Conciliator ;252813