Loading...
HomeMy WebLinkAbout06-6161JENNIFER LIN IN THE COURT OF COMMON PLEAS (Previously Bi Ying Lin) OF CUMBERLAND COUNTY, PENNSYLVANIA Petitioner/Plaintiff v :DOCKET NO.: ~ _ ~"' l..l c~ `/ ZENG GUANG HE CIVIL A `-` 1, ~ CTION -LAW Respondent/Defendant IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Jennifer Lin, who currently resides at 204 Constitutional Court, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is Zeng Guang He, who currently resides at Woodmont Drive, York, York County, Pennsylvania. 3. The Plaintiff seeks custody of the following child: Name Address DOB Kang He 204 Constitutional Court 10/02/1990 Mechanicsburg, PA 17013 4. The child was born during wedlock. 5. The child is presently in the primary custody of Jennifer Lin, 204 Constitutional Court, Mechanicsburg, Cumberland County, Pennsylvania. 6. During the child's lifetime, he has resided with the following persons and at the following addresses: Name Address Date Jennifer Lin and Carroll Master 204 Constitutional Ct., 2003 to Present Mechanicsburg, PA 7. The mother of the child is Jennifer Lin, who currently resides at 204 Constitutional Court, Mechanicsburg, Cumberland County, Pennsylvania. 8. The father of the child is Zeng Guang He, who currently resides at Woodmont Drive, York, York County, Pennsylvania. 9. The mother of the child is not married. 10. The father of the child is currently married. 11. The relationship of Plaintiff to the child is that of Mother. 12. The relationship of Defendant to the child is that of Father. 13. The Plaintiff has participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or any other court, namely a custody action in the Court of Common Pleas of York County, Pennsylvania, at Docket No. 2003- SU-00076-020. On January 30, 2003, the parties entered into a Stipulated Order for Custody in York County, Pennsylvania. (See Stipulated Order for Custody attached hereto as `Exhibit A'). In a November 6, 2003, Order of Court, the Honorable Richard K. Renn directed that Cumberland County courts may properly have jurisdiction over any action filed from that point forward. (See Judge Renn's November 6, 2003, Order of Court attached hereto as `Exhibit B'). 14. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 15. 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. 16. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including the following: a. The Mother has been the primary caregiver of the minor child since his birth. She has: i. Planned and prepared meals; ii. Bathed, groomed and dressed the child; iii. Purchased, cleaned and cared for the child's clothing; iv. Arranged medical care, including trips to physicians; v. Arranged alternative daycare; vi. Put the child to bed nightly, attended the child in the middle of the night, and awakened the child in the morning. b. The child has a psychological bond with the Mother. c. Mother is able to provide a stable environment for the child. d. Father's work schedule only allows him to spend minimal time each week with the child, namely a few hours on Monday evenings. 17. Each parent whose parental rights to the child have not been terminated has been named as parties to this action. [THEREFORE, the Plaintiff requests that This Honorable Court grant primary physical custody of the child to the Plaintiff/Mother. DATE ED Z~ f~ Respectfully submitted, ABOM& KIITULAKls, L.L.P. Kara W. Haggerty ID No. 86914 Carlisle, PA 17013 (717) 249-0900 Attorney for Plaint 36 South Hanover Street ,., .. , ~_ _~..,~ ~~ • ~~ i urr~. ~u rKU ~ t1UNU I HF?Y n~r ~rr~. 4b~~ r.~~~i~ ,' w~(~ . ,~, ~ ' IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLI~NI~1 FAMILY DIVISION ~ ~ F~ ~ ~ No. 2oo3-su-ooo7s-o2C~ _, ZENG GUANG HE, ~-~ w ~~ . ~. Plaintiff _ ~ ~ ~, v ~ ~ w .. vs. w n ~ ~ BI YING LIN, Defendant APPEAF2ANCES: For Plaintiff: Action in Custody For Defendant: Joseph C. Adams, Esquire (Father) Barbara Orsburn Stump, Esquire (Mother} STIPULATED ORDER FOR CUSTODY AND NOW, this ~~ ~ay of , 2003, this Order is being entered as a result of a pre-trial conciliation conference held on Wednesday, January 22, 2003, before conciliator Dorothy Livaditis. The matter is before the Court on the father's petition in which he was initially seeking majority physical custody of his son. The parties, to their credit, have reached an agreement to resolve their issues. BACKGROUND OF THE CASE: This matter involves the custody of: Kong He .TFill-?1-c~t~~~ F~RI Gi-F:~JP(~~ ICS: Born: October 2, 1990 Age: 12 f'H~aE : ~ t ,~. ._ ~rnr .~i-~vJ~.? le• Je1 YUKf', ~..U t-'KU I HUPdQTRRY' 'r1'I 'r"~'?. 46~~y F'. ~J.S/14 There has been no prior Court action involving these parties. Pursuant to the agreement of the parties, the Court hereby awards shared legal custody to the parents. Joint legal custody means the right of both parents to control and to share in making decisions of importance in the life of their child, including educational, medical, and religious decisions. Both parents shall be entitled to equal access to a child's school, medical dental and other important records, As soon as practical after the receipt by a party, copies of the child's school schedules, special events notifications, report cards, and similar items shall be provided to the other party. each shall notify the other party of any medical, dental, optical and other appointments of a child with health care providers, sufficiently in advance thereof so that the other party can attend. Notwithstanding that both parents share legal custody, non-major decisions involving a child's day to day living shall be made by the parent then having custody, consistent with the other provisions of this ORDER. Primary physical custody of the child, as that term is defined in the Custody Act, shall be with his mother, Bi Ying Lin. Partial physical custody is the right to take possession of a child -, -~- .?HII-'1-cl-Jig FF~'1 ~=~-~: ;tii(-,I1 1L!: F'f~aE:`' ,,~-„, JL GC!U.J lo•.~i TuKK, t,U F'KUIHUMUTHP.Y 717 'T'ai 462`_! 1-'.1~4~14 away from the custodial parent for a certain period of time. The father shall have rights of partial physical custody of the child as follows: SCHEDULE OF PARTIAL CUSTODY: WEEKLY RIGHTS: Throughout the year, the father shall have partial custody rights of his son from Sunday evenings at 8:00 p.m. through Tuesday mornings when the child shall either be taken to school or shall be returned to his mother's custody at 9:00 a.m. SCHOOL MONDAY HOLIDAYS: During the school year, in the event that a school holiday falls on a Monday, the father shall have custody of his son on that holiday. SUMMER DEFINED: Summer is defined by the Court as beginning on the first Friday following the last day of school to the last Friday preceding the first day of school. SUMMER VACATION: Beginning the summer of 2003, and thereafter, the father shall be entitled to up to two (2) weeks of uninterrupted custody with his son. The mother shall also be entitled to have up to two (2) uninterrupted weeks of custody with -3- JNI.1-~l-GVJYJ _l la: ~i ti`U~:K <'U PFOTHOhJOTF1R1' 71? 7?1 4624 P.05i14 her SOn. Additionally, the father has indicated a desire either in 2003 or a year thereafter, to take his son with him to China to visit with hi$ grandparents. In such event, the father shall give advance notice as required in this Order to the mother and shall be permitted to take his son with him on a trip to China not to exceed thirty (30) days. Also, if he does elect to do so, that thirty (30) day period will include the two (2) weeks that he is normally entitled to exercise during the summer months. It is a condition of this Order, however, that should the father wish to go to China with his son, all immigration matters, including alien registration cards and passports for bath his son and the father must be in order. The mother has the right to request documentation or verification that all such matters are in order before any such trip is taken. Furthermore, the father shall provide evidence to the mother of a round-trip ticket for the child. NOTICE OF SUMMER VACATION: each parent shall give at least thirty (30) days advance written notice of when they wish to take vacation during the summer months and shall provide reasonable notice of the locations at which the child shall be staying. In the event that the father wishes to go to China with his son, he will give the mother at least -4- JHr~-7i-c6~[l~. ~r:i cw:-~,F~r~ IC:•: f-'A!oE:; ~~~Y Jl-GCJ/JJ lo• ~l Y~_~K!<. ~:U FROTHOf•dOTA~Y 71^r ^71 4624 P.G~S!14 ninety (90) days notice of such trip. The father shall also make the child available to members of mother's family when they visit China. Should either party have plans scheduled for the summer, and the required thirty (30) day notice or in the event of going to China the ninety (90) day notice has not been given, the party who first gives notice to the other shall take precedence, and the other party shall not schedule a period of vacation during that time. ALTERNATE HQLIDAYS: During the school year, any holidays that fall on a Monday, the father shall have custody of the child on those holidays. As to Thanksgiving, New Year's Day, the Fourth of July, the parents shall alternate custody on those holidays from 9:00 a.m. until 8:00 p.m. In odd numbered years the mother shall have custody of the child on New Year's Day and Thanksgiving Day, and the father shall have custody of the child on the Fourth of July. In even numbered years the schedule shall be reversed. Additionally, the parents celebrate the Chinese New Year. If the father is not working, he may have custody of his son the eve of the Chinese New Year and the Chinese New Year's Day. If, however, he is working, the mother -5- THlI-'1-~'En=i= rF'T ,~=~:'if~'li ILA: F'E=i~~E:^ !Hf'd-.S1-~~N_ 1b~ ~i YOR}': rp PRC!THOFJ!~TAR•( 717 771 462q P.~7!14 will retain custody during that holiday. CHRISTMAS: During Christmas in odd numbered years, the mother shall have custody of her son from noon on December 24th until noon on Christmas Day and the father shall have custody from noon on Christmas Day until noon on December 2fth. in even numbered years the schedule shall be reversed. MOTHER'S DAY AND FATHER'S DAY: The mother shall always have the right of partial custody on Mother's Day. The father shall always have the right of partial custody on Father's Day. The rights of partial custody shall be exercised from 9:00 a.m. until 8:00 p.m. HOLIDAYS A PRIORITY: The periods of partial custody for holidays, vacations, or other special days set forth in this Order shall be in addition to, and shall take precedence over, but shall not alter the schedule or sequence of regular periods of partial custody for that parent set forth previously in this Order. Holidays and other special days for custody set forth in this Order shall take precedence over vacations. -6- r~}i- :t-,-=t_t[)1 ~F'T t1 }:'lf !! L(~: PA~aE: =~ ,.,~, .~~ GYJCJJ io• ~~ Yur~f<. ~U F'M.U I HUNUTARY 'r 1'l '~'r1 4b~'~ N. d>3i14 TRANSPORTATION: The parents shall share transportation of the child with the mother delivering the child to the father's residence on Sunday evenings, the father transporting the child to and from school on Mondays when the child has school, and the mother picking up the child every other Tuesday on the altemating Tuesdays that she is not working. On the alternating Tuesdays that the mother is working, the father shall be responsible for taking the child to the mother's residence or to school. All efforts should be made by the mother that she be the one to transport the Child. If, however, there is a problem on a Sunday evening, she may allow her significant other to bring the child down, however, he is not to exit the vehicle nor is the father to go out to the vehicle. The child is to be dropped off so that he may immediately enter the father's residence and there shall be no contact between the two male adults. No .person transporting the child shall consume alcoholic beverages prior to or while transporting the child. EXTRACURRICULAR ACTIVITIES: Each party shell provide the other with at least forty-eight (48) hours advance notice of school or other activities whenever possible. -~- THtI-.1-c~~n-_, f"RI t_1~1:_,lf'I.1 IG: F'H'aE:1k7 ,,,,~, ~i -: r~e~~ io• ,l 1 UKt<. ! U F'KU f HOt`JLTARY 717 771 4E~29 P. X9%14 Bath parties shall agree to honor and participate in the activities that a child wishes to engage in. During the times that the parents have custody of the child, they will make certain that the child attends any extracurricular activities. The parties are directed to be supportive of the activities and will transport the child to and from such activities and the preparations and practice for the activities that are scheduled, in such time so that the child is able to participate in those events. Neither parent, however, shall commit a child to any activity unless the child definitely desires to attend that activity. Participation in activities which take place during the school year is contingent upon the child maintaining passing grades in school. Neither parent shall commis a child to activities that fall on the other parent's period of custody, without the consent of the other parent, which consent shalt not be unreasonably withheld. If a child is involved in an activity which occurs. during both parents' periods of custody, both parents shall cooperate in providing transportation of the child to the activity. However, the custodial parent shall not be required to take a child to that activity if the custodial parent and child are out of town during that activity, for a previously scheduled vacation. -8- r~it!-~.1 -Lt_~~_ FT~I l_I-1:lF~l I 1[_~: F='1-~~~E: 11 J NIV-.~l-~VJVJ..7 1b ~ .51 YOP.K CO PROTHCIN~~TARY 717 771 4529 F. 10!14 In the event that the custodial parent is unable to deliver a child to the particular activity, the parent who has custody of the child at that time shall notify the noncustodial parent, who shall be entitled to pick up and deliver the child to the designated activity. The custodial parent shall make certain that the child is ready for pickup in time sufficient to enable the child to timely attend the activity. TELEPHONE CALLS: Both parties are expected to use common sense in scheduling telephone calls to talk to the child. Both parties are hereby directed to refrain from preventing the parent who may be calling from talking to a child, or preventing a child from calling the other parent, provided that the phone calls are not excessively frequent nor too long in duration that they disrupt a child's schedule. Phone calls initiated by a parent should be kept to a maximum of twenty minutes, and a maximum of three (3) phone calls per week. DISPARAGING REMARKS: Each of the parties and any third party in the presence of the child shall take all measures deemed advisable to foster a feeling of affection between -9- JAII-~i-c<<ll FNI ~_~4:'ll"'1'I lU: F'H~a~:12 JHIV-.~l-~k'J47J i~~ sl YORK CO FROTHOhdOTAP`r 717 771 4529 P. 11%14 the child and the other party. Neither party shall do nor shall either parent permit any third person to do or say anything which may estrange a child from the other parent, their spouse or relatives, or injure a child's opinion of the other party or which may hamper the free and natural development of a child's love and respect for the other parent. The parties shall not use a child to convey verbal messages to the other parent about the custody situation or changes in the custody schedule. FINANCIAL CARE OF CHILD: In the event that a significant matter arises with respect to the medical care, education, or financial care of the child, such as a change in occupation, health insurance, educational expenses, or residence of a party, those matters shall be discussed with the other parent before any change is made by either parent. MUTUAL CONSULTATION: Each party shall confer with the other on all matters of importance relating io the child's health, maintenance, and education with a view towards obtaining and following a harmonious policy in the child's education and social adjustments. Each party agrees to keep the other informed of his or her -in- ,rF,rr-~1-~'~J~=~~ rR~I w4:_lr~r~r I[•: f,HC,E:i~ ,~~~,-,,.-~e~e,~ lc~ s~ YUf?{' CO PPUTHONOTR~'1' 717 771 4620 P. 12%14 residence and telephone number to facilitate communication concerning the welfare of the child and visitation. Each party agrees to supply the name, address and phone numbers of any persons in whose care the child will be in for a period in excess of seventy two hours, and for each person or entity which may provide day care for a child, ILLNESS OF CHILD: Emergency decisions regarding the child shall be made by the parent then having custody. However, in the event of any emergency or serious illness of a child at any time, any party then having custody of the child shall immediately communicate with the other party by telephone or any other means practical, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as practical During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the proper medical care of the child. The term "serious illnPSS" as used herein shall mean any disability which confines the child to bed in for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician. :T~~tl 1-~t;~i~_ FRI 4t4:51f'f•I IDc F'Hla~:19 ~ Hra-.5l-ode s 16 ~ 32 YORK. 00 FROTHOhdOTARY WELFARE OF CHILDREN TO BE CONSIDERED: 717 771 4629 P.13i14 The welfare and convenience of the child shall be the prime consideration of the parties in any application of the provisions of this Order. Both parents are directed to listen~carefully and consider the wishes of the child in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. MODIFICATION OF ORDER: The parties are free to modify the terms of this Order but in order to do so the Court makes it clear that both parties must be in complete agreement to any new terms. That means both parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. In the event that one or the other does not consent to a change, that does not mean each follows your awn idea as to what you think the arrangements should be. The reason this Court Order is set out in detail is so both parties have it to refer to and to govern your relationship with the child and with each other in the event of a disagreement. MISCELLANEOUS: It is noted that the father is currently working an unusual work -12- JHPl-31-~'47t~'_. F'RI ~7•a:~=1F'hl ICS: PAlaE:15 ~nrrJt-cvJl9J 1b~J! YUkI<. CU F'kUIHUC'lUTARY 'r'1'r 'r'T1. 462y P. 14!14 schedule from 10:00 a.m. until 10:00 or 11:00 p.m., almost on a daily basis, except for Mondays. He has agreed to this current Order based on his existing unusual schedule. In the event that there is a significant change in this schedule and the parties cannot reach an agreement, the father is reserved the right to file a petition for modification and have the Court reconsider his custody rights. In the event that the father is able to get off earlier on Sundays, he will advise the mother accordingly and the drop-off time shall be earlier on Sundays, We direct that a copy of this Order be provided to both counsel so they may forward a copy to their respective client. BY THE COURT K. RENN, JUDGE ntyrofflcelbakfie.ord -13- TOTAL P. 14 JI'u t - ~1. -c'tlt_i ^ f'f?I L~~i: ?~'f~'I i ICS: F'ACaE: 1~ .7tJL-25-2006 03:17 PM :. 'GU HE r pRl]THONOTARY 71771 +97 P.O~ ' 717 ~1 d629 P.~.?i03 iN THE CQUfiT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA ZENG GUANG HE vs. BY YING LIN No. 2oa3-SU-00076-o2c York, Pa., Thursday, November 6, 2003 Before the Honorable Richard K. Renn, Judge APPEARANCES: JOSEPH C. ADAMS, Esquire ° :~ For the Plaintiff ~ - o =~. ~ ~, SAR'BARA ORSBURN STUMP, Esquire ~' ~ -' . ~^ For the Defendant ~~~ -, ~' ~' - i, ~ ~ -~- ~~, ~ __ ~, .. C.. ~ . • 1V ~; ~ Q~ plNp NOW, this 6th day of November, 2003, the Court has this matter before it on a Petition For Special Relief. The allegation is that Mother intends to remove the child from the Commonwealth of Pennsylvania. Mother denies that. z•d Xd~ 13C2135d1 dH WbLi~Ti 9002 TE i~C J.~1L-2S-200b 9a : 18 PM ~':~.~-10-3~ id:06 'GU ~ HE YORK r_a PROTNOP:C~7ARY ?1??F ~9? P.03 7L? ?7L 4fi~9 p.63r03 Under the circumstances,;we direct that neither party sha11 remove the child's residence from the jurisdiction of the Commonwealth- of Pennsylvania until further order of court . It was indicated that llgther may ba residing in Cumberland County. We weuld expect that should a proceeding be filed there, the Cumberland County Courts will contact us to determine whether we relinquish jurisdiction from our stipulated order of January of 2003. We direct that a copy of this order shall ae sent to counsel for the parties. BY THE COURT: jag 1116!03 Richard K. Renn , ,fudge TrJTpI. P . 0' g•d Xdd 13C213Sd1 dH WdLT~ZT 9002 TE i~C CERTIFICATE OF SERVICE AND NOW, this ~"`ay of October, 2006, I, Kara W. Haggerty, Esquire, of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Custody Complaint, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: BradleyJ. Leber, Esquire Blakely, Yost, Bupp & Bausch, LLP 17East Market Street York, PA 17401 Respectfully submitted, ABOM& KUTULASIS, L.L.P. Kara W. Haggerty ID No. 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaint ~r r-1, ~..~ -~ c.._ .~"" tx+ -,. , ,- c~ ._..~ ~ ~ W = ~: t~ i... - -f i -..1 ~, ," ,'' :, ~ .~ _.s. r~ ~~ ~ .~ (~? "~ JENNIFER LIN : IN THE COURT OF COMMON PLEAS (Previously Bi Ying Lin) OF CUMBERLAND COUNTY, PENNSYLVANIA Petitioner/Plaintiff ~• DOCKET NO.: O` - (~ l (~ ~ ~iv ~ (~ . ~ L. ZENG GUANG HE :CIVIL ACTION -LAW Respondent/Defendant IN CUSTODY PETITION FOR SPECIAL RELIEF PURSUANT TO Pa.R.C.P. 1915.13 TO AUTHORIZE REMOVAL OF CHILD FROM JURISDICTION AND REQUEST FOR PLOWMAN HEARING AND PETITION FOR CUMBERLAND COUNTY COURTS TO ASSUME JURISDICTION AND NOW, comes the Petitioner, Jennifer Lin, previously known as Bi Ying Lin, by and through her attorney, Kara W. Haggerty, Esquire, of ABOM & KUTULAKIS, L.L.P., and files this Petition for Special Relief, and in support thereof, avers as follows: 1. Petitioner is Jennifer Lin, previously known as Bi Ying Lin, an adult individual currently residing at 204 Constitutional Court, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter referred to as `Mother'). 2. Respondent is Zeng Guang He, an adult individual currently residing at Woodmont Drive, York, York County, Pennsylvania (hereinafter referred to as `Father'). 3. The parties are the natural parents of Kang He, born October 2, 1990. 4. A Stipulated Order for Custody was entered on January 30, 2003, by the York County Court of Common Pleas at Docket No. 2003-SU- 00076-02C, that granted the parties shared legal custody, Mother primary physical custody, and Father partial physical custody from Father partial physical custody from Sunday evenings through Tuesday mornings each week, as well as two (2) uninterrupted weeks of vacation over the summer. (A copy of the January 30, 2003, Order of Court is attached hereto as `Exhibit A~. 5. Since the entry of the January 30, 2003, Order of Court Mother has exercised primary physical custody of Kang and Father has exercised partial physical custody of Kang on a weekly basis from either Sunday through Monday morning or a few hours on Monday evenings. 6. On November 6, 2003, The Honorable Richard K. Renn of the York County Court of Common Pleas entered an Order of Court that directs neither party shall remove the child's residence from the jurisdiction of the Commonwealth of Pennsylvania until further order of court. (See November 6, 2003, Order of Court attached hereto as `Exhibit B~ COUNT I: PETITION FOR TURISDICTION 7. Paragraphs one (1) through six (6) are incorporated herein by reference as though set forth in full. 8. The November 6, 2003, Order of Court further provides that should a proceeding be filed in Cumberland County, the Cumberland County courts will contact the York County courts to determine whether they relinquish jurisdiction from the stipulated order of January of 2003. 9. Petitioner has resided in Cumberland County, with the child, since 2003. 10. It is believed and therefore averred that jurisdiction lies with the Cumberland County Courts, and the Court of Common Pleas of Cumberland County is the appropriate jurisdiction to determine the merits of the within petition. WHEREFORE, Petitioner respectfully requests This Honorable Court to contact the York County Court of Common Pleas to assume jurisdiction over the within custody matter. COUNT II: PETITION FOR SPECIAL RELIEF 11. Paragraphs one (1) through ten (10) are incorporated herein by reference as though set forth in full. 12. Petitioner wishes to relocate with her child to Greensboro, North Carolina. Petitioner would like to relocate as soon as all legal proceedings have concluded, but prior to the end of the year. 13. In considering Petitioner's request, the Court must consider: a. whether the planned relocation will substantially improve Petitioner's quality of life, as well as that of the child; b. whether Petitioner's motive in wishing to make the move is pure and not based on whimsical or spiteful reasons; and, c. whether there is an available, realistic, substitute visitation arrangement that can be made which will foster an ongoing relationship between the child and the non-custodial parent. 14. Petitioner believes that relocation to Greensboro, North Carolina will substantially improve the quality of life for Petitioner and the child for the following reasons: a. Mother and her significant other, Carroll Master, have a newborn child together; b. Mr. Master has been offered an employment position in North Carolina that will significantly improve the family's standard of living; c. Mother would be able to be a stay-at-home mom to both Kang and their infant child; d. Kang has been in the primary custody of his mother since the 2003 Order of Court; e. Kang has stated that should his mother move to North Carolina, he would certainly desire to move with the family; f. Father is employed with a Chinese restaurant in York, PA where he works seven ('7) days per week with extended hours; g. Father's work schedule does not provide him the opportunity to adequately care for Kang's day-to-day needs; h. Father's work schedule does not allow him to appropriately supervise Kang; i. Mother's proposed visitation/partial custody schedule would provide Father with more custodial time than he presently exercises. 15. Petitioner's motives in seeking to relocate are pure and in no way done to interfere with Respondent's relationship with the child. 16. A realistic substitute visitation schedule to allow Respondent time with the child is possible. Petitioner is willing to work out a reasonable visitation schedule with Respondent, similar to the following: a. Petitioner will travel, with the child, to the York County, Pennsylvania area one (1) weekend per month, if possible; b. Respondent shall take one weekend per month off from work in order to exercise custody of his son; c. Respondent may exercise additional time over the summer as long as it does not interfere with extracurricular activities of the child; d. Respondent shall exercise reasonable time with the child over the holidays, as agreed upon by the parties; e. Respondent can exercise any amount of custody in North Carolina should Respondent come to North Carolina for a visit. WHEREFORE, Petitioner respectfully requests This Honorable Court grant Petitioner permission to relocate to North Carolina with the child. Respectfully submitted, ABOM& KUTULAKIS, L.L.P. ~ ,~ Kara W. Haggerty, " e Attorney ID No. 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Petztzoner VERIFICATION I, JENNIFER LIN, previously BI PING LIN, verify that the statements made in this Petition for Special Relief Pursuant to Pa.R.C.P. 1915.13 to Authorize Removal of Child from Jurisdiction and Request for Plowman Hearing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. Date ~'~~ ' ~ ~ ``~ JENNIFER LIN Previously Bi Ying Lin .lHN .31-~d~ 16~ ~d YUkK (;U F'1?U I HLINU I Hf?Y 'n•r ~rrl 4b~J • f .~ ..-•. .,~ ry,~'..I T'A _~_. M•i • ~, •A .. IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYL ~NI~ t=AMILY DIVISION r-, c~ ;,; ZENG GUANG HE, No. 2003-SU-00076-02 ~' ~ + w ~; Plaintiff ~ ~ . ~~ ~ do VS. ~ ~ w .x 0 w b ~ ~ BI YING LIN, Action in Custody Defendant APPEAF~ANCES: For Plaintiff: For Defendant: Joseph C. Adams, Esquire (Father) Barbara Orsburn Stump, Esquire (Mother) STIPULATED ORD R FOR CUSTnnv ® --- AND NOW, this ~~ay of 2003, this Order is being entered as a result of a pretrial conciliation conference held on Wednesday, January 22, 2003, before conciliator Dorothy Livaditis. The matter is before the Court on the father's petition in which he was initial) seekin Y 9 maJonty physical custody of his son. The parties, to their credit, have reached an agreement to resolve their issues. BACKGROUND OF THE CASE: This matter involves the custody of: Kang He Born: October 2, 1990 Age: 12 C. YOf~f' CO PR~Tf-10P~IOTRRY (1'( '('(1 46~J F'. b,5/14 There has been no prior Court action involving these parties. Pursuant to the agreement of the parties, the Court hereby awards shared legal custody to the parents. Joint legal custody means the right of both parents to control and to share in making decisions of importance in the life of their child, including educational, medical, and religious decisions. Both parents shall be entitled to equal access to a child's school, medical dental and other important records, As soon as practical after the receipt by a party, copies of the child's school schedules, special events notifications, report cards, and similar items shall be provided to the other party. Each shall notify the other party of any medical, dental, optical and other appointments of a child with health care providers, sufficiently in advance thereof so that the other party can attend. Notwithstanding that both parents share legal custody, non-major decisions involving a child's day to day living shall be made by the parent then having~custody, consistent with the other provisions of this ORDER, Primary physical custody of the child, as that term is defined in the Custody Act, shall be with his mother, Bi Ying Lin. Partial physical custody is the right to take possession of a child -2- :THt!-'1-~[~i_t;, ~F'I ~%~~:f_7f'19 lU: JAPI-31-?003 16~ 31 YDRK. CO PROTHOFJOTAP.Y 717 '~'~1 4624 F'. b4/14 away from the custodial parent for a certain period of time. The father shall have rights of partial physical custody of the child as follows: SCHEDULE OF PARTIAL CUSTODY: WEEKLY RIGHTS: Throughout the year, the father shall have partial custody rights of his son from Sunday evenings at 8:00 p.m. through Tuesday mornings when the child shall either be taken to school or shall be returned to his mother's custody at 9:00 a.m. SCHOOL MONDAY HOLIDAYS: During the school year, in the event that a school holiday falls on a Monday, the father shat{ have custody of his son on that holiday. SUMMER DEFINED: Summer is defined by the Court as beginning on the first Friday following the last day of school to the last Friday preceding the first day of school. SUMMER VACATION: Beginning the summer of 2003, and thereafter, the father shall be entitled to up to two (2) weeks of uninterrupted custody with his .son. The mother shall also be entitled to have up to two (2) uninterrupted weeks of custody with -3- TF;1!-'1-~'tltt_j ~F'I t-~~a:_t1f'i{ If.~. JAh•t-31-2003 16 31 YORK CO PROTHOtJOTARY 717 771 4629 P.05i14 her san. Additionally, the father has indicated a desire either in 2003 or a year thereafter, to take his son with him to China to visit with his grandparents. In such event, the father shall give advance notice as required in this Order to the mother and shall be permitted to take his son with him on a trip to China not to exceed thirty (30) days. Also, if he does elect to do so, that thirty (30) day period will include the two (2j weeks that he is normally entitled to exercise during the summer months. It is a condition of this Order, however, that should the father wish to go to China with his son, all immigration matters, including alien registration cards and passports for bath his son and the father must be in order. The mother has the right to request documentation or verification that all such matters are in order before any such trip is taken. Furthermore, the father shall provide evidence to the• mother of a round-trip ticket for the child. NfJTICE OF SUMMER VACATIQN: Each parent shall give at least thirty (30) days advance written notice of when they wish to take vacation during the summer months and shall provide reasonable notice of the locations at which the child shall be staying. In the event that the father wishes to go to China with his son, he will give the mother at least -4- .JAht-31-cG~433 FRI G_~=I:3~~iPf'1 IG: JQN-31-2003 16:31 YORK CO PROTHOfdOTARY 717 771 4629 P.06i14 ninety (90) days notice of such trip. The father shall also make the child available to members of mother's family when they visit China. Should either party have plans scheduled for the summer, and the required thirty (30) day notice or in the event of going to China the ninety (90) day notice has not been given, the party who first gives notice to the other shall take precedence, and the other party shall not schedule a period of vacation during that time. ALTERNATE HOLIDAYS: During the school year, any holidays that fall on a Monday, the father shall have custody of the child on those holidays. As to Thanksgiving, New Year's Day, the Fourth of July, the parents shall alternate custody on those holidays from 9:00 a.m. until 8:00 p.m. In odd numbered years the mother shall have custody of the child on New Year's Day and Thanksgiving Day, and the father shall have custody of the child on the Fourth of July. In even numbered years the schedule shall be reversed. Additionally, the parents celebrate the Chinese New Year. If the father is not working, he may have custody of his son the eve of the Chinese New Year and the Chinese New Year's Day. If, however, he is working, the mother -5- TAtI-?1-`r~~~3 FFT rt-a:-1f'~ht IC!: PCn _c . o JAfJ-31-20E~3 lE ~ 31 YORK CO PROTHnta0TAR4' will retain custody during that holiday. CHRISTMAS: 71? ^r?1 4629 P.07~14 During Christmas in odd numbered years, the mother shall have custody of her son from noon on pecember 24th until noon on Christmas Day and the father shall have custody from noon on Christmas Day until noon on December 2Gth. In even numbered years the schedule shall be reversed. MOTHER'S DAY AND FATHER'S DAY: The mother shall always have the right of partial custody on Mother's Day. The father shall always have the right of partial custody on Father's Day. The rights of partial custody shall be exercised from 9:00 a.m. until 8:00 p.m. HOLIDAYS A PRIORITY: The periods of partial custody for holidays, vacations, or other special days set forth in this Order shall be in addition to, and shall take precedence over, but shall not alter the schedule or sequence of regular periods of partial custody for that parent set forth previously in this Order. Holidays and other special days for custody set forth in this Order shall take precedence over vacations. -6- ow-r . n J.A~J-31-?003 16:31 YOR!< CO PROTHONOTARY 'r1'r' 'r"r'1 46~y F'.4~>:i/14 TRANSPORTATION: The parents shall share transportation of the child with the mother delivering the child to the father's residence on Sunday evenings, the father transporting the child to and from school on Mondays when the child has school, and the mother picking up the child every other Tuesday on the altemating Tuesdays that she is not working. On the alternating Tuesdays that the mother is working, the father shall be responsible for taking the child to the mother's residence or to school. All efforts should be made by the mother that she be the one to transport the child. If, however, there is a problem on a Sunday evening, she may allow her significant other to bring the child down, however, he is not to exit the vehicle nor is the father to go out to the vehicle. The child is to be dropped off so that he may immediately enter the father's residence and there shall be na contact between the two male adults. No person transporting the child shall consume alcoholic beverages prior to or while transporting the child. EXTRACURRICULAR ACTIVITIES: Each party shall provide the other with at least forty-eight (48) hours advance notice of school or other activities whenever possible. -7- ,iF~tl- t -~i~ii ~ f"F?I t1=): .lf'19 .tC~: n. ,.~-r... .~. 16:31 YORK. CO PROTHONOTARY 717 771 4629 P.09i14 Bath parties shall agree to honor and participate in the activities that a child wishes to engage in. During the times that the parents have custody of the child, they will make certain that the child attends any extracurricular activities. The parties are directed to be supportive of the activities and will transport the child to and from such activities and the preparations and practice for the activities that are scheduled, in such time so that the child is able to participate in those events. Neither parent, however, shall commit a child to any activity unless the child definitely desires to attend that activity. Participation in activities which take place during the school year is contingent upon the child maintaining passing grades in school. Neither parent shall commit a child to activities that fall on the other parent's period of custody, without the consent of the other parent, which consent shall not be unreasonably withheld. If a child is involved in an activity which occurs. during both parents' periods of custody, both parents shall cooperate in providing transportation of the child to the activity. However, the custodial parent sha11 not be required to take a child to that activity if the custodial parent and child are out of town during that activity, for a previously scheduled vacation. -8- .JAN-31-2003 16 31 YORK ~0 PROTHOIJOTAR'Y 717 771 4629 P.10i14 In the event that the custodial parent is unable to deliver a child to the particular activity, the parent who has custody of the child at that time shall notify the noncustodial parent, who shall be entitled to pick up and deliver the child to the designated activity. The custodial parent shall make certain that the child is ready for pickup in time sufficient to enable the child to timely attend the activity. TELEPHONE CALLS: Both parties are expected to use common sense in scheduling telephone calls to talk to the child. Both parties are hereby directed to refrain from preventing the parent who may be calling from talking to a child, or preventing a child from calling the other parent, provided that the phone calls are not excessively frequent nor too long in duration that they disrupt a child's schedule. . Phone calls initiated by a parent should be kept to a maximum of twenty minutes, and a maximum of three (3) phone calls per week. DISPARAGING REMARKS: Each of the parties and any third party in the presence of the child shall take all measures deemed advisable to foster a feeling of affection between -9- JHt!-:;1-c4~E.13 F--'I k+~}: ~lf~'h1 ICS: YORK. CQ PROTHOtdOTARY ?17 ?71 4629 P.11i14 the child and the other party. Neither party shall do nor shall either parent permit any third person to do or say anything which may estrange a child from the other parent, their spouse or relatives, or injure a child's opinion of the other party or which may hamper the free and natural development of a child's lave and respect for the other parent. The parties shall not use a child to convey verbal messages to the other parent about the custody situation or changes in the custody schedule. FINANCIAL CARE OF CHILD: In the event that a significant matter arises with respect to the medical care, education, or financial care of the child, such as a change in occupation, health insurance, educational expenses, or residence of a party, those matters shall be discussed with the other parent before any change is made by either parent. MUTUAL CONSULTATION: Each party shall confer with the other on all matters of importance relating to the child's health, maintenance, and education with a view towards obtaining and following a harmonious policy in the child's education and social adjustments. Each party agrees to keep the other informed of his or her -10- r~rd-~1-~~~~~; rr~r wa:~lrri IG: YORK CO PROTHCINOTARY 717 771 4629 P.12i14 residence and telephone number to facilitate communication concerning the welfare of the child and visitation. Each party agrees to supply the name, address and phone numbers of any persons in whose care the child will be in for a period in excess of seventy two hours, and for each person or entity which may provide day care for a child, ILLNESS OF CHILD: Emergency decisions regarding the child shall be made by the parent then having custody. However, in the event of any emergency or serious illness of a child at any time, any party then having custody of the child shall immediately communicate with the other party by telephone or any other means practical, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as practical . During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the proper medical care of the child. The term "serious illness" as used herein shall mean any disability which confines the child to bed in for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician, -~t- J-at J- ~ 1-~t=ti~~~ FRI al~}:.1F-q•t ICS: JAN-31-2003 16 32 YORK CO PROTHOPJOTARY' 717 771 4629 P.13i14 WELFARE OF CHILDREN TO BE CONSIDERED: The welfare and convenience of the child shall be the prime consideration of the parties in any application of the provisions of this Order. Both parents are directed to listen carefully and consider the wishes of the child in addressing the custodial schedule, any changes to the schedule, and any other parenting issues, MODIFICATION OF ORDER: The parties are free to modify the terms of this Order but in order to do so the Court makes it clear that both parties must be in complete agreement to any new terms. That means bath parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. In the event that one or the other does not consent to a change, that does not mean each follows your own idea as to what you think the arrangements should be. The reason this Court Order is set out in detail is so both parties have it to refer to and to govern your relationship with the child and with each other in the event of a disagreement. MISCELLANEOUS: It is noted that the father is currently working an unusual work -12- • JAhl-31-'~NF~3 16~ ~i~~ YUk'K, CU F'I?U I F-IUNUTHRY - 'r1'T 'r'~1 464 F'.14i14 schedule from 10:00 a.m. until 10:00 or 11:00 p.m., almost on a daily basis, except for Mondays. He has agreed to this current Order based on his existing unusual schedule. In the event that there is a significant change in this schedule and the parties cannot reach an agreement, the father is reserved the right to file a petition for modification and have the Caurt reconsider his custody rights. In the event that the father is able to get off earlier on Sundays, he will advise the mother accordingly and the drop-off time shall be earlier on Sundays, We direct that a copy of this Qrder be provided to both counsel so they may forward a copy to their respective client. BY THE COURT ^y~oRice/balvhe,ord -13- .1iN1-'t-c'«Cr~ Fr?I 4:~a:',;'r-'I•i ICS: D K. RENN, JUDGE TOTAL P. 14 .IUL-25-2006 03:17.. PM `i ~- GUj ~ NE I'.~ti~-lfl-003 i4:d6 YORK CD PROTHONOTARY 7177( ~97%- P_ 02 717 7i1 AB?9 P,Q.?i03 iN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA ZENG GUANG HE VS. BY YING LIN N0. 2003-SU-000?6-02C York, Pa., Thursday, November 6, 20x3 Before the Honorable Richard K, Renn, Judge APPEARANCES: JOSEPH C. ADAMS, Esquire o -- For the P1 ai nt i f f ~-' ~~ w ~ ,; BARBARA QRSBURN STUMP, Esquire '_;~~~ ~ ~~: For the Defendant ~:; `' '- :~ -, ~' } ~..~~~ - , ~'' ~a ~, -- N w, :- ORoEa AND NOW, this 6th day of November, 2003, the Court has this matter before it on a Petition For Speaiai Retief. The allegation is that Mother intends to remove the child from the Commonwealth of Dennsyivania. Mother denies that. z•d ShJ1 dH WdLT~ii 9002 IE IBC JUL_2S"28A8 0a:t9 PM _ ' ~ _ , I _ 'GU% HE ' ~ ~tii-10-3003 id ~ 66 YORK ~O PRQTH~:CTARY T177~ ~97~ P. 03 71? 771 4629 P.83~03 Under the circumstances, we direct that n®ithsr party shall remove the child's residence from the jurisdiction of the Commonwealth of Pennsylvania until further order of court. It-was indicated that Mother may be residing in Cumberland County. We would expect that should a proceeding be filed there. the Cumberland County Courts wi 11 contact us to deterr~i ne whether we ref i squish jurisdiction from our stipulated order of January of 2003. we direct that a copy of this order shall be sent to counsel for the parties. sY THE COURT: fag - 11/6/03 Riz and K. Reran, Judge E•d 7{kid 13C?J3SH~ dH WdGi~iT 900 IE i~C CERTIFICATE OF SERVICE AND NOW, thi r~ y da of October, 2006, I, Kara W. Haggerty, Esquire, of ABOM & KUTULAKIS, LLP, hereby certify that I did serve a true and correct copy of the foregoing Petition for Special Relief Pursuant to Pa.R.C.P. 1915.13 To Authorize Removal of Child from Jurisdiction and Request for Plowman Hearing and Petition for Cumberland County Courts to Assume Jurisdiction by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Bradley f. Leber, Esquire Blakely, Yost, Bupp & Rausch, LLP 17East Market Street York, PA 17401 Respectfully submitted, ABOM& KU7'ULAKIS, LLP nn~ I D b I~l~i~ Kara W. Haggerty, ~e T.- 36 South Hanover e Carlisle, PA 17013 (717) 249-0900 ID No. 86914 Attorney for Petitioner/Defendant ~~ ~ T n .-=; ;'' ~ ~ ^~ V ~.._ ~ ~ '1 C w '~ ~_. ~ n ~ ~` °~ ~ ~ ~~ a ~, rr c~ 7 _~ e t~ --~ R ~ say i,~ t"1"1 JENNIFER LIN [N THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ZENG GUANG HE DF,FENDANT • 06-6161 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, 1~ednesday, October 25, 2006 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, November 21, 2006 at 10:30 AM 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 age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR. THE COURT, By: /s/ ac ueline M. Verne Es . 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. tF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street. Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~~~~ ~3~~ ~_. r~±.}v. ,_ l ~"~~r~dl ~~ 6~ ;_~ d SZ ~ ~~ 9~OZ ~~~~~- Oi ~~~~ O/ jliV ~~~AVi.+'I ~l.f ~!AI~ J ~~f ~1-~s ""'i~~11~ JENNIFER LIN (Previously Bi Ying Lin) Petitioner/Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.: ~(e - ~ ~` ~ L l v ~ ~ ~'~') ZENG GUANG HE :CIVIL ACTION -LAW Respondent/Defendant IN CUSTODY ORDER OF COURT AND NOW, this o?a/~day of , 2006, upon consideration of Defendant's Petition, it is hereby ORDERED and DIRECTED as follows: 1. The Court of Common Pleas of Cumberland County has jurisdiction. 2. A hearing is scheduled on Petitioner's Petition for Special Relief to Authorize Removal of Child from Jurisdiction for,,~~' the (off day of 2006, atl~.m., in Courtroom No. ~ of the Cumberland County Courthouse, .Carlisle, Pennsylvania 17013. BY THE COURT: F/ /~ J• Distribution: ,~ara W. Haggerty, Esquire Attorney for Petitioner ~radley J. Leber, Esquire Blakely, Yost, Bupp & Rausch, LLP 17 East Market Street York, PA 17401 Attorney for Respondent ~ n ~> <_ ~- ~""'" u {``~> ~~. 4 ~ n,ow+ P;_ ;:. ~ .., .. w w f , pp V !'"h: ! , ~ ~ %: t Wi.1 ~ ' ~ l "~'~ 1 ' ... , jl . . ,~ , 1 "~ i~7 U NOV $g pppg JENNIFER LIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2006-6161 CIVIL ACTION -LAW ZENG GUANG HE, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 30' day of /Vor~..lcr , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of Court dated January 30, 2003 and November 6, 2003 at Docket No. 2003-SU 00076-02C in the Court of Common Pleas of York County, Pennsylvania shall remain in full force and effect. 2. This Order is entered pursuant to 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. Either party may contact the Custody Conciliator and request another conciliation conference. BY THE COURT, c~Kara W ~adley Haggerty, Esquire, counsel for J. Leber, Esquire, counsel for Father ~~~~r,~~~1~4~~d~'~:~d ~Z ~ ! 1 ~~ ~~ I~QN 9~QZ Jl~lC?~vGi31~~d ~Ht ~0 ~~i~'C;~~-t~'1?~ JENNIFER LIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :2006-6161 CIVIL ACTION -LAW ZENG GUANG HE, Defendant : IN CUSTODY PRIOR JUDGE: None 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 Kang He October 2, 1990 Mother 2. A Conciliation Conference was held in this matter on November 21, 2006 with the following individuals in attendance: the Mother, Jennifer Lin, with her counsel, Kara Haggerty, Esquire and Father, Zeng Guang He, with his counsel, Bradley J. Leber, Esquire. 3. Contemporaneous with the filing of the custody complaint, Mother filed to relocate the child to North Carolina. The parties have decided to continue to discuss the possibility of relocation and asked that an Order be entered in the form as attached. Date acq line M. Verney, Esquire Custody Conciliator JENNIFER LIN IN THE COURT OF COMMON PLEAS (Previously Bi Ying Lin) OF CUMBERLAND COUNTY, PENNSYLVANIA Petitioner/Plaintiff v. DOCKET NO.: 06-6161 Civil Term ZENG GUANG HE :CIVIL ACTION -LAW Respondent/Defendant IN CUSTODY ORDER OF COURT AND NOW, this -~o' day of Nww,~.*. , 2006, upon consideration of the joint request for a continuance, it is hereby ORDERED and DIRECTED that hearing on the Petition for Special Relief to Authorize Removal of Child from Jurisdiction is rescheduled to Thursday, the 8s' day of February, 2007, at 2:30 p.m., in Courtroom No. 4 of the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. BY THE COURT: ~~~ Hess, J. Distribution: ~ara W. Haggerty, Esquire Attorney for Petitioner ~dley J. Leber, Esquire Blakely, Yost, Bupp & Rausch, LLP 17 East Market Street York, PA 17401 Attorney for Kespondent J ~ C ~?~,'~~a'9~iAS~C~~~d~d .~1lvCiC'~-, ~ ~ -~z_~:-W~~ Z ~8 ~~ 9QOZ `~~, ~3 Ai~b'1G~l~N~.~.:~~ ~~ ~0 JENNIFER LIN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION - LAW N0. 06-6161-~ CIVIL TERM ZENG GUANG HE, IN CUSTODY Defendant , IN RE: COUNSEL TO SUBMIT PROPOSED ORDER ORDER OF COURT AND NOW, this 8th day of February, 2007, after hearing, the court being satisfied that the relocation in this case may be appropriate, counsel for the mother is requested to submit to the court, within twenty days hereof, a proposed order. Said order should be submitted following consultation with counsel for the father who may correspond with the court in the event that the father has objection with regard to the extent of the partial custody allowed him in the proposed order. By the Court, vin Hess, J. ra Haggerty, Esquire or the Plaintiff adley J. Leber, Esquire For the Defendant :bg ,~~ i°; w~~ ~~ . ~a -;~ . ~~ ~ ' ~ ~ . 4 ~~.~ ° i ...~-~ ~y•It ._ - '~ t'J_l -a r++ ~'~. ~ ~ R JENNIFER LIN IN THE COURT OF COMMON PLEAS (Previously Bi Ying Lin) OF CUMBERLAND COUNTY, PENNSYLVANIA Petitioner/Plaintiff v. :DOCKET NO.: 06-6161 Civil Term ZENG GUANG HE :CIVIL ACTION -LAW Respondent/Defendant IN CUSTODY ORDER OF COURT AND NOW, this ! ~ ' day of ~ „~ 2007, following hearing on Plaintiff's Petition for Relocation, it is hereby ORDERED and DIRECTED as follows: The Mother, Jennifer Lin, and the Father, Zeng Guang he, shall have shared legal custody of Kang He, born October 2, 1990. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decision affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of Pa.C.S. §5309, 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, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, child's parties, musical presentations, back-to-school nights, and the like. 1. Mother shall be entitled to relocate to North Carolina with the child no earlier than June 15, 2007. 2. Mother shall have primary physical custody of the child. !S..t.l` _ _rr~~ I f,J ~ ~~I ~' w` L ! ~;'~~~.~ L~QZ ~,.~ _~ r~~~ ~ *~ , ~; ~.t~ ~v JE ti ~~ r,< < ,,. ~~~1-i .. 3 4. Father shall have partial physical custody of the child. as follows: a. One (1) weekend per month, so that Father will be able to spend his day off work with the child, at which time the child will travel from North Carolina to Pennsylvania to visit his Father. b. Father shall make every effort to be available for the weekend that the child is in Pennsylvania in order to exercise physical custody. c. Thanksgiving: Father shall enjoy physical custody of the child for a period of time over the Thanksgiving holiday, as Father's work schedule will permit. d. Christmas: Father shall enjoy physical custody of the child for a period of time over the Christmas holiday, as Father's work schedule will permit. e. Summer: Father shall be entitled to up to two (2) consecutive weeks of physical custody of the child, with Father to provide Mother with no less than forty-five (45) days' notice of his intention to exercise said period of custody. f. At all other times as the parties may agree. The parties shall be entitled to reasonable telephone access to the Child. 5. Neither parent shall do anything which may estrange the Child from the other party, injure the opinion of the Child as to the other party, or which may hamper the free and natural development of the Child's love and affection for the other party. Furthermore, neither party shall include the Child in any decision-making regarding custody of the Child. BY THE COURT: Kev' A. Hess, J. Distribution: Kara W. Haggerty, Esquire Bradley Leber, Esquire ,~" ~w~`e~,` ~° /~„ o ~ APR S 6 2Q07 JENNIFER LIN, : IN THE COURT OF COMMON-PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2006-6161 CIVIL ACTION -LAW ZENG GUANG HE, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 25~' day of April, 2007, not being contacted within ninety days from the date of the prior Order of Court, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, /`Z ac line M. Verney, Esquire, C tody Conciliator ~ ~~i ~+~ ~Z ~d 9Z ~~~ L~Ol F~~ ,.~,~; ,?~ ~H.1. ~0 ~~.+1.,_:i..