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HomeMy WebLinkAbout06-6327JOHN BYRNE, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. . NO. ANN MARIE BYRNE :CIVIL ACTION -LAW Defendant : IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is John Byrne, an adult individual currently residing at 29 North Hanover Street, Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is Ann Marie Byrne, an adult individual whose current mailing address is 136 West Thomas Court, Kennett Square, Chester County, Pennsylvania, but who is currently committed to the psychiatric unit in Fort Washington, Pennsylvania. 3. The Plaintiff and Defendant are the parents of two children namely: Ashley Byrne, born July 11, 1991, and Jessica Byrne, born March 18, 1994. The children were born during wedlock. 4. During the past five years, the children have resided with the following persons and at the following addresses: NAME ADDRESS FROM/TO Defendant 136 West Thomas Court 7/05 to 10/24/06 Kennett Square, PA SAIDIS, FLOWER ~ LINDSAY •~.~W 26 West High Street Carlisle, PA Plaintiff and Defendant 279 Chapel Hill Road 7/00 to 7/05 Candor, New York 5. The mother of the children is Ann Marie Byrne, currently residing as aforesaid. She is married. 6. The father of the children is John Byrne, currently residing as aforesaid. He is married. 7. The relationship of the Plaintiff to the children is that of father. The Plaintiff currently resides with the children. 8. The relationship of the Defendant to the children is that of natural mother. The Defendant resided with the children until October 23, 2006. 9. Plaintiff and Defendant have participated in other litigation concerning custody of the children in New York, prior to their move to Pennsylvania. Plaintiff believes there may be a custody Order that awards primary physical custody to Defendant and partial custody to Plaintiff, but this Order has never been registered in Pennsylvania. 10. The Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 11. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 12. Plaintiff believes it is in the children's best interests for him to exercise custody of the children and he has filed a Petition for Temporary Emergency Jurisdiction, contemporaneously with this Complaint. SAIDIS, FIAWER ~ LINDSAY ~~.~:~,W 26 West High Street Carlisle, PA 13. Plaintiff does not believe that Defendant is able to care for the children on a continuing and ongoing basis, but that he will be the more stable and primary caregiver. 14. Plaintiff believes and avers that Defendant requires mental health treatment before she can properly care for the children again, even on a partial custody basis. WHEREFORE, Plaintiff requests your Honorable Court to provide him with sole legal and primary physical custody of the children. Respectfully submitted, SAIDIS, FLOWER & LINDSAY Marylou as, Esquire Attorney .4919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Dated: i i ~ 3 ~ ! U ~ Counsel for Plaintiff SAIDIS, FIAWER ~ LINDSAY n'r~owvEYS•nruw 26 West High Street Carlisle, PA VERIFICATION I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. ~{~~, ?o aa~G Date ~ ra ~~ C~ ~ U' ~ Ell Ct~ -1~.: - --G \~ p . _„s JOHN BYRNE, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA PETITION FOR TEMPORARY EMERGENCY JURISDICTION PURSUANT TO 23 PA C.S.A. &5324 1. The Plaintiff is John Byrne, an adult individual currently residing at 29 North Hanover Street, Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is Ann Marie Byrne, an adult individual whose current mailing address is 136 West Thomas Court, Kennett Square, Chester County, v. : NO. ANN MARIE BYRNE :CIVIL ACTION -LAW Defendant : IN CUSTODY 3. 4. Pennsylvania, but who is currently committed to the psychiatric unit in Fort Washington, Pennsylvania. The Plaintiff and Defendant are the parents of two children namely: Ashley ', Byrne, born July 11, 1991, and Jessica Byrne, born March 18, 1994. The children were born during wedlock. During the past five years, the children have resided with the following persons and at the following addresses: NAME ADDRESS FROM/TO Defendant 136 West Thomas Court 7/05 to 10/24/06 Kennett Square, PA SAIDIS, LINDS~ e~rroxt~tts•~•uw 26 West High Stteet Carlisle, PA She is married. 6. The father of the children is John Byrne, currently residing as aforesaid. He is Plaintiff and Defendant 279 Chapel Hill Road 7/00 to 7/05 Candor, New York 5. The mother of the children is Ann Marie Byrne, currently residing as aforesaid. married. 7. The relationship of the Plaintiff to the children is that of father. The Plaintiff currently resides with the children. 8. The relationship of the Defendant to the children is that of natural mother. The Defendant resided with the children until October 23, 2006. 9. Plaintiff and Defendant have participated in other litigation concerning custody of the children in New York, prior to their move to Pennsylvania. Plaintiff believes there may be a custody Order that awards primary physical custody to Defendant and partial custody to Plaintiff, but this Order has never been registered in Pennsylvania. Due to the emergency nature of this action, Plaintiff is requesting that the Court hear this matter under the Uniform Child Custody Jurisdiction and Enforcement Act, 23 Pa. C.S.A. §5324. 10. The Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 11. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 12. Plaintiff believes it is in the children's best interests for him to exercise custody on an emergency basis for the following reasons: a. On Monday, October 23, 2006, while the children were in her primary SAIDIS, FIAWER Sz LINDSAY arromvErsaruw 26 West High Street Cazlisle, PA custody, Mother threatened to commit suicide by taking a bottle of pills; she locked herself in a room and one child called Father and a relative for assistance; b. Mother fled from the home, abandoning the children at that time; c. Mother did not return to the home at that time; d. Father left his home in Cazlisle and traveled to Mother's home in SAIDIS, LINDS~ nrnonrhts•,n:uw 26 West High Street Carlisle, PA Kennett Square immediately upon receiving the distressed call from the child; e. Father stayed with the children, waiting for Mother to return, only to learn from the police the next day that she had been involved in a caz accident and hospitalized, first for her injuries and then for crisis purposes; f. Father removed the children from Kennett Squaze to Carlisle for safety reasons, and because Mother was not available to properly supervise them; g. When Mother returned from the initial hospital stay on Wednesday, October 25, 2006, she went to her pazent's home, also in the Kennett Square area, but they refused to allow her entry, given the circumstances; h. Father believes that Mother broke in to her pazent's home at that time and was counseled by State Police in lieu of arrest to voluntarily commit herself to a psychiatric facility; i. Mother now has been committed voluntarily to a psychiatric facility in !. her area for. at least a 72 hour period; j. The children can not return to their home in Kennett Square because there is no adult supervision there and because Father does not believe it is safe for them to be in that environment; k. The children aze aware of Mother's behavior and aze fearful for her safety; 1. Father does not believe that Mother can caze for the children considering her suicidal behavior, threats, and psychiatric commitment; m. Father can not ensure the children's safety if they return to Mother's care; n. Given Mother's current instability, Father does not believe she can make proper decisions regarding the children's medical, educational or day to day needs; o. Father would like to enroll the children in school in the Carlisle area so that they do not miss more school than they already have, but the school will not accept them without some properly registered custody Order. 13. Father is willing to move this matter to Chester County for a more permanent resolution, but desires a temporary emergency Order, granting him sole legal and primary physical custody of the children, and requests that this Court take temporary emergency jurisdiction under 23 Pa. C.S.A. §5324, because it is necessary in this emergency to protect them from mistreatment or abuse they would likely suffer if returned to their Mother's care. 14. A copy of this Petition will be mailed to Mother at her psychiatric facility, and to her mailing address of 136 West Thomas Court, Kennett Square, PA. WHEREFORE, the Plaintiff requests this Court to grant him sole legal and primary physical custody of the children. Respectfully submitted, SAIDIS, FLOWER Sz LINDSAY nnoiwEts nruw 26 West High Street Carlisle, PA SAIDIS, FLOWER & LINDSAY ~u l.. G J M atas, Esquire Attorn d.84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Dated: i ~~ ~,~~,~ Counsel for Plaintiff VERIFICATION I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. aO aa~G Date ~ Cl \.--1 ~}~ -~ t.) : ~ 1'~ O <_~~-~ r _. "°7 :: _ - _~ c~.} _. -t~ . -- i . C>~ r :{ ~~ ~: ~ JOHN BYRNE, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :NO. UG"~ ~P3~ 7 ANN MARIE BYRNE :CIVIL ACTION -LAW Defendant : IN CUSTODY ORDER ~~ AND NOW, this ~~ day of October, 2006, upon presentation and consideration of ~~~ the within Petition for Temporary Emergency Jurisdiction, Plaintiff, John Byrne, is awarded sole legal and primary physical custody of the two minor children, Ashley Byrne, born July 11, 1991, and Jessica Byrne, born March 18, 1994. Notice of this Order shall be provided to Defendant, Ann Marie Byrne, by Plaintiffl s counsel. ~~- ~~ ~~~~ ~~ __.~--. Judge SAIDIS, FIAWER SZ LINDSAY nnoxtv~s•,vuw 26 West High Street Carlisle, PA Cc: Marylou Matas, Esquire - ~ _ Ce~~ Attorney for Plaintiff ~~`4j'` Ann Marie Byrne ~ 136 West Thom~urt ~ Kennett Square, PA 19348 ~w fi.t ~~ y r. r.,,-,,, i" t . f\..L3 ij i .+ C7 ^~, 5("t /1 ;1, JOHN BYRNE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA v. ANN MARIE BYRNE DEFENDANT 06-6327 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, November 01, 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, December O5, 2006 at 8:30 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/ Jacqueline M. Verney, Esg. 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 i - 9 °~9- ~-I/ ~~ ~ / E~~ ~~~, ~o. p,T~ ~~' `~ ~~ ~, o`fi'-''~ j -~~j gyp- L° ~/ i; { ~ ~:_t r r, ..., . ,... ,.. ..', .~ .._s F \FILES\DATAFILE\General\Current\12233.1.pet1 Created 9/20/04 0 06PM Revised: 11/10/06 3:49PM Thomas J. Williams, Esquire I.D. No. 17512 Jennifer L. Spears, Esquire I.D. No. 87445 MARTSON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant JOHN BYRNE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. ANN MARIE BYRNE, Defendant • NO.06-6327- CIVIL DIVISION CIVIL ACTION-LAW IN CUSTODY DEFENDANT'S PETITION TO TRANSFER VENUE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 1915.2 AND THE UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT, 23 PA. C.S. SECTION 5401, ET SEO. Defendant, Ann Marie E. Byrne, by an through her attorneys, Martson Deardorff Williams & Otto, files this Petition pursuant to Pennsylvania Rule of Civil Procedure 1915.2 and the Uniform Child Custody Jurisdiction and Enforcement Act, 23 Pa. C.S. Section 5401, et seq., to transfer this action to the Court of Common Pleas of Chester County for the following reasons: 1. Plaintiff, by his counsel, instituted this custody action in Cumberland County, Pennsylvania on October 30, 2006. 2. Defendant and the minor children, Ashley Byrne (born July 11, 1991), and Jessica Byrne (born March 18, 1994) all reside in Chester County at 136 West Thomas Court, Kennett Square, Chester County, Pennsylvania. 3. The minor children temporarily reside with Plaintiff, John Byrne, since October 23, 2006, in Cumberland County, Pennsylvania and pursuant to this Court's Order of October 30, 2006, granting temporary sole legal and primary physical custody to Plaintiff, signed by the Honorable Edgar B. Bayley. 4. The minor children have resided in Chester County with Mother since August of 2005, and with Mother in Tioga County, New York since the parties separated on or about January 2, 2005, while both residing in New York State. 5. The minor children are enrolled in and attending school in Chester County, Pennsylvania. 6. Pursuant to Pennsylvania Rule of Civil Procedure 1915.2(a)(1) and the Uniform Child Custody Jurisdiction and Enforcement Act, 23 Pa. C.S. Section 5401, et seq., the proper venue for a custody action is the home county of the child. 7. Pa. R.C.P 1915.2 provides: (a) An action may be brought in any county (1) (i) which is the home county of the child at the time of commencement of the proceeding, or (ii) which had been the child's home county within six months before commencement of the proceeding and the child is absent from the county because of the child's removal or retention by a person claiming the child's custody or for other reasons and a parent or person acting as parent continues to live in the county; or (2) in which it is in the best interest of the child that the court decide the matter because the child and 'the child's parents, or the child and at least one party, have a significant connection with the county and there is available within the county substantial evidence concerning the child's present or future care, protection, training and personal relationships; or (3) in which the child is physically present and the child has been abandoned or it is necessary in an emergency to protect the child because the child has been subjected to or threatened with mistreatment or abuse and is otherwise neglected or dependent; or -2- (4) in which it appears that venue would not be proper in any other county under prerequisites substantially in accordance with paragraph (1), (2) or (3), or another court has declined to decide the matter on the ground that the court before which the action is pending is the more appropriate forum to determine the custody of the child, and it is in the best interest of the child that the court decide the matter. (b) Except under paragraphs (3) and (4) of subdivision (a), physical presence of the child within a county, or of the child and one of the parties, is not alone sufficient to establish venue. (c) Physical presence of the child, while desirable, is not a prerequisite to venue. (d) For the convenience of parties and witnesses the court upon petition of any party may transfer an action to the appropriate court of any other county where the action could originally have been brought or could be brought at the time of filing the petition to transfer. It shall be the duty of the prothonotary of the court in which the action is pending to forward to the prothonotary of the county to which the action is transferred certified copies of the docket entries, process, pleadings and other papers filed in the action. The costs and fees of the petition for transfer and the removal of the record shall be paid by the petitioner in the first instance to be taxable as costs in the case. 8. The minor children have resided in Chester County, Pennsylvania, for the over one year (approximately 15 months), and is clearly the home county of the minor children. 9. The parties' most recent written agreement with regard to custody of their children is attached hereto as Exhibit "A." 10. This action should be transferred to Chester County as it is the home county of the children pursuant to Pennsylvania Rule of Civil Procedure 1915.2(1) and the Uniform Child Custody Jurisdiction and Enforcement Act, 23 Pa. C.S. § 5401, et seq. It is also in the best interests -3- of the minor children that Chester County Court decide the matter because the children and the children's mother have a significant connection with the county and there is available in the county substantial evidence concerning the children's present or future care, protection, training, and personal relationships. 11. In addition, since venue is in question, the Custody Conciliation Conference currently scheduled for Tuesday, December S, 2006, before Jacqueline M. Verney, Esquire should be continued until the proper venue is determined. 12. Pursuant to Local Rules, counsel for Mother contacted Plaintiffs counsel prior to filing this petition, and Attorney Matas indicated that she and Plaintiff did not concur with the requests herein. WHEREFORE, Defendant requests this Honorable Court to transfer this action to the Court of Common Pleas of Chester County, Pennsylvania and to continue the Custody Conciliation Conference currently scheduled for Tuesday, December 5, 2006, at 8:30 a.m., until the proper venue is determined. Respectfully submitted, MARTSON DEARDORFF WILLIAMS & OTTO By ~ ~.., Thomas J. Wil ams, Esquire Attorney I.D. No. 17512 Jennifer L.. Spears, Esquire Attorney I.D. No. 87445 10 E. High Street Carlisle, PA 17013 (717) 243-3341 i ~ ~~ 3 1 a~ Attorneys for Defendant Ann Marie E. Byrne Dated: -4- VERIFICATION I verify that the statements contained herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. r ~ Anne Marie Byrne Dated: (1 - 8 - d (o ,, ?~,xlfi Mai'1e ~. Byrne ~'~~ chapel Hilt ~.€?~ ~arldu~', ~9 ~ ~ ~~~ Jtshn C:. I~yrn~ HiGkvey ~StBxe~, ~kp~. 1 ~ V~e4 Jahn. C;, Byrne, Husband, and Ann Marie E. Bvx~ne, 'VVf~, make the trsllawin~ stat+~ments: t V4~e bath are in ~greerx~ent re,~ardin~ the fcallnwn~ visitation stipulatic~n:s, taath during separation anal after the dissolution c~~ our marria.~e. ?. husband is a resident ~~.nty of ~'i~~,a, Smote of ~l~w ~'csrl~ and has been a resident since May z~. Wifr~ is a resident cat` Ti,~ga County, State of dew Yc.~rl~:, and has been a resident. since 3h1~ ~{~. 3. '~"isitatian a~' our two children: Ashley lEli~at~+eth Byrne, barn July ~ i , 1 ~~ 1, as~d Jessica l..eigh Byrne, barn. March t~, 14, will occur parr lelral custody a~reeertent, which wi## be set ;earth is~ the Tutu, with tl~e ~llawing s~pulati~+ns. ~. ~Vher~ shave children are in Icahn's care, Iohn wilt be av~-itlabie by phone to Ann M;~ie, ar if uncle, wilt return. c:aall a.s sac~n as usage is received. Jdhn will c~,e+ck: mes.,~gefi at least twice dail~v, once in the morning., and once in the evening.. ~, ~'ornn~uni~tion betv~een ~,~- Zvi## be civil.. l~~ngi.ng; up ~3ri the other party, ur sh~au~rag is ns~id+~red not to be civi#. ~. ~l~e at~c~ve Childs°en will nest. used s.s a ga between ~car~ rarr~n~unicatian. between Zahn and .~.nn .Mari+~. Carnmunicaticxta gill be c.~anducted direct#y between Jahn and. Ann 11r[arie, rather than relying an the atsove children to relay messages. °~. John w.i## rat cansufnc alcohol turelve hours prior to or during visitation w~tb the abe~v~; children., when a.lw-e chitdz~n are ~in :Idhn's cage, Jahn wi## tidy A~ Itri~rrie imrnediatel<y if any ofthe a.bave children become ill. when shave children. are in John's care, Jcshri wil# administer all rsecess-~• rnedicatian try the abt~ve children respcsnsiblyy in a timely fashian~ sand a.s directed by health care px*avider or pacl~age directiesns. t~, t..>vernight visits with. the shave childrens' friends will. not amour an schval r~i,ghds, ~eitlter at home car at fi°iend's hause~, unless due #+~ an exa~ergency and nc~t an ir~c~nvesaience_ .~ ~. ~ ~ . When. abQVe children are in ,iohn's ~, .3ohn v~ri41 ~ ~chil+~ren tc~ ~ from. all, of their e~rtra curricular activities, or ar~~an~e ~®r their safe and super~iseei transpo~tic~n and attendance. 12. V~hcn above children are in John's care John may allow the ch.ilch-er~ ku ~risit with kheir friends only aver obtaining a ~rorkn~ phone nrber from tl~ friend's parent anal ~.scerta.init~~ that appropriate supervision will. provided for the chitdrer~. ~`w ~°a`aeQ~.,~ Ann l~.arie E. F3yrne ~crrn tV me this ~ ~~ da;y of a~+, ~~-~ ; ~`,._ ,, _~..,.~,_~,...~..r__.... M~ .__~... .mT..~._.. _~.~.~. 4J~~t~'y ~~t ,~~' ~. ~ l~ot~ry Pcata4ic, ~tst~ cif ~ Ys~rir ~s~~tati+~~ xr1 i°ic~c~~ ~~~~ty ~~.~...,.~ c€~D~IfYti aSIL}1i ~.x~ti~ ,,~t1~1~ ~ 4* ,, CERTIFICATE OF SERVICE I, Melissa A. Scholly, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Defendant's Petition to Transfer Venue pursuant to Pennsylvania Rule of Civil Procedure 1915.2 and the Uniform Child Custody Jurisdiction and Enforcement Act, 23 Pa. C.S. Section 5401, et seq., was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Marylou Matas, Esquire SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA 17013 MARTSON DEARDORFF WILLIAMS & OTTO By:" ~' ~ ~ Melissa A. Scholly Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: ~~,~~' c"~'c' ~ ~~ d'47~ r_..~ '"X" _- , - t. _ ; ~ - .a F i ~~1 / ' 4.-,.~ ` 1 jr r... ~ a : _ ~. ~ ~ y ~ i.>/ • JOHN BYRNE, IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V. ANN MARIE BYRNE, DEFENDANT 06-6327 CIVIL TERM ORDER OF COURT AND NOW, this ~'1 day of November, 2006, IT IS ORDERED that a hearing shall be conducted on the within petition in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania on Thursday, November 30, 2006, at 2:30 p.m. By the Court; i Edgar B. Bayley, Marylou Matas, Esquire For Plaintiff Thomas J. Williams, Esquire For Defendant .~' sal ,r ;~- ~ a Ham. :~= ~ - =.~ ~~ ~.,~ ..~ .... `~~ ~= . - . _ t ,:~ s Y' ~ ~~ t3 ~ JOHN BYRNE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBER (LAND COUNTY, PENNSYLVANIA v. : NO.O~- l~~p~ 7 ANN MARIE BYRNE :CIVIL ACTION -LAW Defendant : I N CUSTODY ACCEPTANCE OF SERVICE I, Thomas J. Williams, Esquire attorney for the Defendant, Ann Marie Byrne hereby accepts service of the Order of Court scheduling the Conciliation Conference for Tuesday, December 5, 2006, in the above referenced matter. Date Thomas J. ' iams, Esquire SAIDIS, FLOWER ~ I.~TDSAY ,+TtotnvEYS.,~:uw 26 West High Street Carlisle, PA ~> ~ ~ } L ~ti -~; _ ,_-.,- 4'~~I .s._._ `~Vr.~ k~. -..,,., ?z~ «~....~ '°'~,1 , '~ 1 ~} ~+ ,.1. 1 ,1 ~, t BYRNE, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06-6327 MARIE BYRNE :CIVIL ACTION -LAW Defendant : IN CUSTODY PLAINTIFF'S ANSWER TO PETITION TO TRANSFER VENUE PURSUANT TO PA RC.P. 1915.2 AND UCCJEA 23 PA.C.S.&5401, ET SEO. AND NOW comes Plaintiff, John Byrne, by and through his attorney, Marylou Esquire, and the law firm of Saidis, Flower and Lindsay, and Answers pefendant's Petition to Transfer Venue and in support thereof avers as follows: 1. Admitted. 2. Admitted in part and denied in part. It is admitted that the Defendant resides in Chester County at 136 West Thomas Court, Kennett Square, Chester County, Pennsylvania. It is admitted that Ashley Byrne was born July 11, 1991 and Jessica Byrne was born March 18, 1994. It is denied that the minor children reside in Chester County at 136 West Thomas Court, Kennett Square, Chester County, Pennsylvania. Specific proof thereof is demanded at trial. To the extent a response is required, the minor children reside in Carlisle, PA, and have so resided since on or about October 23, 2006. SAIDIS, '~ h~OWER ~ LINDSAY 2G West High Street Carlisle, PA 3. Admitted. 4. Admitted. 5. Denied. It is denied that the minor children are enrolled in and attending school in Chester County, Pennsylvania. Specific proof thereof is demanded at trial. To the extent a response is required, the minor children are enrolled in and are attending school in the Carlisle Area School ', District, where they have been enrolled since October 31, 2006. ~I 6. Admitted in part and denied in part. It is admitted that pursuant to Pa R.C.P. 1915.2(a)(1) and UCCJEA, 23 Pa. C.S.A. §5401, et seq., the proper venue for a custody action may be the home county of a child. To the extent that this statement implies that the rules or statute imply that the proper venue for a custody action is only the home county of the child, this statement is denied. Specific proof thereof is demanded at trial. 7. Admitted. 8. Admitted. 9. Admitted in part and denied in part. It is admitted that Exhibit "A" is the parties' most comprehensive custody agreement. It is denied that it is their most recent custody agreement. Attached hereto and incorporated herein by reference is Exhibit "B", the parties' most recent agreement, dated November 10, 2006, with regard to custody of their children, signed by their local counsel. 10. Denied. It is denied that this action should be transferred to Chester County as it is the home county of the children pursuant to Pa R.C.P. SAIDIS, FLOWER Sz LINDSAY nrioaiveYS.,n:uw 26 West High Street Carlisle, PA 1915.2(1) and the UCCJEA, 23 Pa. C.S. §5401, et seq. Specific proof thereof is demanded at trial. It is denied that it is also in the best interests of the children that Chester County Court decides the matter because the children and the children's mother have a significant connection with the county and there is available in the county substantial evidence concerning the children's present or future care, protection, training, and personal relationships. Specific proof thereof is demanded at trial. To the extent that a response is required, it is averred that jurisdiction is appropriate in this County because there exists an emergency requiring this Court to exercise jurisdiction under the provisions of the UCCJEA, as 23 Pa CSA§5424. Furthermore, the children and their father have a significant connection to this county through residency, education, medical care and personal relationships. 11. Denied. It is denied that the custody conciliation conference scheduled for Tuesday, December 5, 2006, before Jacqueline M. Verney, Esquire should be continued. Specific proof thereof is demanded at trial. 12. Admitted. WHEREFORE, Plaintiff respectfully requests your Honorable Court to deny Defendant's Petition to Transfer Venue Pursuant to Pa. R.C.P. 1915.2 and UCCJEA 23 Pa. C.S.A. §5401 et seq. Respectfully submitted, SAIDIS, FLOWER & LINDSAY Ma o atas, Esquire Attorne Id.84919 SAIDIS, 26 West High Street FIAWER Sz Carlisle, PA 17013 I-INDSAY (717) 243-6222 erm~s•,truw 26 West High Street ated: i t (~ ~C~(,~ Counsel for Plaintiff Cazlisle, PA VERIFICATION I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. lI- as-o~ Date BYRNE, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06-6327 MARIE BYRNE :CIVIL ACTION -LAW Defendant : IN CUSTODY CERTIFICATE OF SERVICE This is to certify that in this case, complete copies of all papers contained in the ;hed document have been served upon the following persons by the following means on the dates stated: ame & Address Means of Service Date of Service 'homas J. Williams, Esquire 0 East High Street 'arlisle, PA 17013 U.S. Regular Mail and personal service November 29, 2006 7 '" (~- M Matas, uire Supre ourt ID No. 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 SAIDIS, FIAWER Si LINDSAY nr~oer~setuw 26 West High Street Carlisle, PA N Q C:a 'T3 s~„ s - ~ ~'11 ~- ~ ~ o r~ = ._,..__ ~ - r%~ - ' ~' - ~a~ . , ~ fem., C. ~ W ~ - -1 Llt ,~ W JOHN BYRNE, PLAINTIFF V. ANN MARIE BYRNE, DEFENDANT AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-6327 CIVIL TERM ORDER OF COURT s"~ day of December, 2006, following a hearing, IT IS ORDERED that proper venue in this custody action is in the Court of Common Pleas of Chester County. The Prothonotary of Cumberland County is directed to prepare and transfer a certified copy of the docket entries and all filed documents to the Prothonotary of the Court of Common Pleas of Chester County. /Pd~arylou Matas, Esquire For John Byrne ~iomas J. Williams, Esquire For Ann Marie Byrne a :sal By the~~t; (, ~.. ~. ~1 ~ Edgar B. Bayley, ~ t!'~ ., .~~ <_,_ U --- ~ ,: r ~~ ~ :% CL ~; ;~ r "", ~,.._ c ~ _ - ;~ r~7 1 tom" ~ ld.s ~ ~ .+ d . ~~:.-_-~~ L~~.7 i..,~..~ L~. ^ 4J ~ .~r~ V L'"r'~ APR 2 6 2007 JOHN BYRNE, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2006-6327 CIVIL ACTION -LAW ANN MARIE BYRNE, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 25~" of April, 2007, the Custody Complaint having been transferred to Chester County, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, M•V acq line M. Verney, Esquire, stody Conciliator ~~ry ~ Cw ~ I4~~Y ~f"~ 4z~1"k'Cj a~ r~~' .._~ i ~..1 F ~ •~ ~~ 9~ ~~~ ~. ~ ~~ ~0 ~~~~~~i~~t Y~~~:1