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Home My WebLink About94-01432 { , ,~ ,I" )1' , 'f; , , " ~ " , " i" 'I i'l I' ~ " I , " , ,,'1, , .!f! '" 'Iil \'~ " ., , :>i I " ., q il " " " ,. In ., ., ,/'1) 'l! \ 1"1.1 , " ., " ., , .,' ,~ ., " ,I', " ),1'1 I, " I , , " 'i I " 1,1; " ',Ii " ',I " ., " " \' , ,j'\. ., " , ' " " ,1\ , , , ' I , , ., \'1. 1\ I q: ./ !'/i!, ~( , \1 'II " I, . 'I , I \, " " ., II , , " , 1 , d "I " i.:ili "iii, .)1: \~:, J:\',: " 'I' , , , " " I , , " " j " I Ii " , , i' .1' i..',; " , , , \ (",'" I,,' f;',r! {Ii', . . \""1 .,....1 1,.,)0, 'I I" " " " , " , , " ., o ~ ....... " , " " " ," I ,I' , ' ,I , , , , , , " " . '. ... ... .' ... '. .. .. ... '. .. '1M' ,ltC' ,~, ... ':Ale' '. ,*, '1M' ,*, > .*, '. '. '. ,,*, .' .'. .... .." * ',__~~".,,, ", ,_, '~""'" ..., . ,...,'... .." '... .,' .'.'.' '" ...., "Co', '......~..,.. '_____'. . . . ' . IN THE COURT OF COMMON PLEAS : . OF CUMBERLAND COUNTY . 8 . . * . . STATE OF PENNA, .. , . . ~\, ".1' . 8 . 8 WM.YIt JQY. . . Plaintiff N I I, .'~.,::MU. .."""""", . . VI'!'."!.< . 8JAQlI .,.. JQY. . . e' Defeu4l1t ~ " . ' . DECREE IN : · DIVORCE · 8 e ; ANDNOW"""T,J,ll:!"-"\,I""""",,, 19,~~"" It II ordered and ~ . decreed thot ....,,'......',...., ~~J,.n, .JQY.. , .. , .. .. .. , .. . ... plaintiff, . ." d d f d ~ , an, , , , , , , '.' ' , , , , , , , , . , . , JAIIJ!S, r,., JOY, , , . , , , , , , , , , , , , , , , , , , " e en ant, . . are divorced from the bonds of matrimony, . . . . The court retains lurlsdictlon of the following claims which have . . been roiled of record In thil action for which a final order hal not yet . . been entered; . : ' .11.0.11,..., , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , . , , , , , . , , , , , , , l: ~ """"""""" I.""...."., I "," I I'" I'" '" """ . , N . n y T h. C 0 u r I 'I; . /1 ~ ' . \ Ll) {!., "!(!. ;8 . ^".,~ ~:;:;'~t.~ -;~ QJ;~; A \ ":.~2J' J, :: . ''-:1:1' /.;j-:l ,e ~J<;'~ 97/ : " ~ ,;prothollotAry , ~ I,;" ," , , , - .'." ..' ... .. ..... .. - .,' .' .. '.. .' .. ,*, ,:II, .*, 'ltC, ,w., ,*, ,*, ~:' ,~, ,w., ~, .' ,c.:, '*, ,*, ~w. ,: ,I , ,",'ilJ:I'~ /, I I.~tt~, ". ......1'1..;' --01.. I " , '.,; I" _, " ,"I , j,' ..',/ '~"'.~""l'rf.Ii~~lMt'''~''~~~l'-''';'~..k')''''~~'''''~''_~~j1/. II.,"" 1<,'.1,1.",'1 " 41/,n 'til-l. dPfl/l p"4I-i/ ,-,1;- :t'4 tJeyd Ii'll?) '7/P~~, 1t,~"i1!t/ ~j ~/':"I..",,~J Ii , " , I; " ., ,I , .. 1'1 " ,II , " " " " " .' ...., , (, !,-,,!. o~ I- i' 1,1 ','}:I I, "I' I, .. , \ ~p ~ \ ~; 'J-- ....6 \.r, ':," -.!..., 1.1) C' - ;~ t "'I-- ~ ~ ,,'-I ',"", " . . 1A . ~ If, ("oJ J')' ", " r I " "',, '.l'J" I , ", ~ I', " ~ \(J ':J VI \.\ ~ \.1) \ ' , ", r0 \.1'\ ,";) ~J ~ ,,' ,J' : 'II ' 0'" , ... . , t'...\ 1"" ("...! ~ -,.:- - ;~ " , " , \"" , ' r ~~ ~~ ~ ,..l .." "" ~ ~~- i ~~~ I'l I ... or... E ~ ... . ... ~ ~u ," I> g ... ~ I: "" ~ .e <c. g ," I: ~8 I'l " Bi~~~E I ...... . ,. 10"" iO " ~ ~ ~ c I 8~ ~ ...., ....,'" iO'~1 : ~ . f ~ ~ f-< <~ ~ ~ ~ = t- ei~g~ 4( , I ...., ~ ...... ., . .' " ,.,' ,.. , ' :'''1''', 'II , , ~ I , LAIlAl,YN JOY, Plaintiff IN 1'IIE COUIlT OF COHMON PLllA~ C.I~BERLAND COUNTY, PENNSYLVANIA v, NO, CIVIl, 1994 I I " JAMES T. JOY, Oehndant IN OIVORCF. (lOM1'LAINT IN IHVORCE AND NOW comUlI the above named Pl/1illLiU, l,aralyn Joy, by and throUllh har. attorney, Jerry A. WeiKle, Eaquire, and aeeka to obtain a Decree in Divorca from the "bove-namad Oefendnllt, upon tha grounds hereinafter mou fully set fortlll I. Vlaintiff, Laralyn Joy, is an adult individual residina at 599 Newburg Road, Shippensburg, Cumberland County, I'unnaylvllnia, sincu rebruary 11, 1994. Plnintiff puviouuly resiuud lit the abovu-rehrellced address from 1988 to December 1, 1993, when ahe separatud from the Du~undant. 2. Dftendant, .lamesT. Joy, is an adult individual presently rudding at 4001 Kemp Station Rand, Taney town , Carroll County, Maryland, 21787, and has usided at said address since December I, 1993. 3, Th. VlaintHf and the Defendant ar. nationals and citizens of the United Statea of America. The Plaintiff has bun a bona fide resident of the CO\Dlllonwealth of Pennsylvania for at least aill (6) montha iDllllediately previous to the filing of thiB Complaint in 111vorce. The Defendant also was a bonn f ide resident of the CODlDlonwealth of Pennsylvania for well over sill (6) months, but removed hiD1Ulf from the COllllllonwanlth of Pennaylvania on or about ll.cember 1, 1993, and took up ruidence , in the Statl. of Marylllnd, 4. The Plaintiff and Oehndant ware married on July II. 1985, in Carroll County, Maryland. 5. Thure have been no prior alltions of divorce or for annulment betwun the partioa in this or any othsr jurisdiction. MAPUc., Wf.:roll: ANn F'I(RkINB ATf(JRNEv5 AT tAW 1;,1" E^~r kiNO IlTREllT I!HIIPPf.N5BlJFm, PA. 1'/;lIH '. 6. P111intHf h.. b01l1 adviud thllt counul1na 11 avallabh and that 1'1ainUtt may hava tho riaht to requeat that tha court require ths partLe. to participats in counul1na. 7, Ths marriaau La irratriavably brnken, 6. The partiea hllve lived uoparate and apart aince Novo~ber 14, 1993. 9. The Plaintiff roqaueta the court to enter a decree of divorce. WHEREFORE, the Plaintiff prays your Honorabls Court to enter a Decrae in Divorcs frolll the bonde of lIIatri~ony Ilnd for such othol' Ilnd further relie! aa the Plaintiff ~ BYI o'.Lj'~ shall b, entitled to. Je A. Wei le, Esquire Attorney for laintiff Attorney 1. D. 001624 HARK, WEIGLE AND PERKINS 126 East Kina Street Bhippsnsburg, PA 17257 Talephonel (717) 532-7388 I , , I , ' , , I :1 II M^"~, WIIOU: AND P."KINS . ^ttO"NIV~ Ar LAW -. I;le lAST ICING ItRElt _ SHIPPINIIBU"O, PA, 11aS? , , , , . , ", I vurity that thu statumunte mads in thu torsaoina Complaint in Divorce are true IInd cornet. I undentan" thAt tahu ntlltementu herdn are made subject to the penaltius ot 18 Pa, C.S, 14904, rulatina to unsworn falsification to authorities, , DllUdl '1).' 0~/J(/ I ( I,,/fl/_ / , / '1 "'<--.......1-:'" ( ,'",o'~ Laralyn"';o~ (' ~'/ ' ", I " " " ",I MMU<, WklOll Mm rUflIltN'l - ^TfORNF.V~ ^r j.^W Ii"''! lMil "INO fHAIIT - !S~mIPIN!laURCJ, PA. 11<"'1 URAL YN JOY, Plalnllff : IN TilE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PliNNSYLVANIA v, , : CIVIL ACTION - LAW : IN DIVORCE JAMES T. JOY, Defendant : NO, 1432 CIVIl. 1994 CERTIFICATJ<; OF SERVICE I, Paige Rosinl. Cerdfied Legal Intern. Family Law Clinic, hereby certify that lam serving a true and correct copy of Praecipe To Enter Appearance on Jerry A. Weigle, Eaq" at hi. place of business, Mark, Weigle and Perkins, 126 Enst King Screet, Shlppensburg, PA 17257, by depositing a copy of the same in the United States mall. regular mail, postage prepaid. this 15th day of June. 1994. ) I) I. 'v '/ ,- '- _jd'~' Paige Rosi Certified Legal Intern , ' , , , , ,\ , ' , , , " LARAL YN JOY, Plaintiff IN THE COURT 011 COMMON PLllAS OF CUMBERLAND COUNTY, PllNNSYL VANIA CIVIL ACTION-tAW IN DIVORCE y, JAMES T. JOY, Defendant NO, 1432 CIVIL 1994 P,AECIPE TO ~NTER APPEARANCE TO THE PROTHONOTARYI Please enter the appearance of the Family Law Clinic, Paiae Rosini, Certified Lellal Intern, on behalf of James T, Joy in the above-captioned maller, ,/" J.., Paiae , slnl Cenltle Leaallntern Allorney for the Defendant , " .., JllJJ1/1'1 (j- Thomas M, Place Supervising Attorney 1;11 . ,I, G /1~;IN Date I ' , , Family Law Clinic 45 North Pill Street Cllrllsle, PA 17013 (717) 240-5204 ;!.j\ 011/ r ;1 I,' I I, I t' : I ~ ..' , , ,1'.t:tt",' ..,..... 1_. . ' C~ ''',,-' Q II," , , , I' t. , ,..... ~...... , ' ", I .1 ' I I' , , , ' .:.:l " . I' , , I I "j ,'( ',' ) .:1, ' ,I " " I ,. , . ',;).. ;, 'I I' j ,. t ;i ~ ,~ i~-7 4-< ~ i 4-< " 0 .8: '... j J " ~ i1i ~ !~ g .... rd . 0-< '''' ~ F'o I> ~ . . U~ !~ , ~~~ l5 ~ I ...., ...., Vl . f ~ . ft 4!! a f-o ~ .... f:5~g ~ ~ ~ I ...., :.'i '" , , I' , ...'.. " ~ "'). .. " . , " "'1 ", ." .... , I H , :c I , " I' ",0 " J-'I , , , 0 - ~~ 0 Ljh .... +J U ~~ .... I'l r.. t ,.-j I'd +J "0 0 I tJ ~ ~ Eo< ~Po "I' ,.-j i~ ~a~ '" ~ I1l .... ~ 8 . 0' '"" 2j o(~~~g~ ~j '"" ~ Po . I ...:l > H a a I - I 0 r.. Ii .ol Eo< 8 ~ ~ . ~ ",,!E . I>< ~."I ~ f !~ u I>< 0 Vl 0 I-J <Ill .. I-J . <'I , ~ ~ - I M ~ E' "I' 0( H ~ '- Eo< ~ ~ ~ " , ., , , , " -. '..' ~. . ,. URAL yN JOY, Plaintiff/Respondent : IN TilE COURT Oil COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA. iP' v, : CIVIL ACTION - LAW : IN DIVORCE ~ll\~ j ri h. ,. " JAMES T. JOY, Defendant/Petitioner : NO. 1432 CIVIL 1994 Cf:RTIFICATE 01<' SE~VI<;E I, Paille Roslnl, Certil1ed Lellal Intern, Family Law Clinic, hereby certify that I am servlnll a troe and correct copy of Petition for Equitable Distribution on Jerry A. Weigle, Esq" at his place of business, Mark, Welllle and Perkins, 126 East Klnll Street, Shlppensburll, PA 17257, by depositlnll a copy of the same In the United States mall, l1rst class, postalle prepaid, this 25th day of AUllust, 1994, .) I ( /, \' Paille Ros nl Certified Lellallntcrn ') .); C.," Ie, 'I ,I :t " v, IN TIlE! COURT OF COMMON PLEAS 0[1 CUMUERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN DXVORCl! LARAI,YN JOY, Plalntlft'lRespondent JAMES T, JOY, Defendalll/Pethloner NO, 1432 CIVIL 1994 pETITION ~'OR EOUITABLE DISTRIBUTION AND NOW comes Ihe defendant In Ihe above-captioned divorce action, by and through his altorneys, the Family Law Clinic, and sets forth Ihe following petition for ElJuhable Distribution, pursuant to Pa.R,C.P, 1920. 15(b): 1, The parties bave acquired marital assets and debts subJect III equitable distribution Including, bUI not limited to, the following: a) the marital residence at 599 Newburg Road, Shlppensburg, PA 17257; b) credit card and charge card debts, WIIEREFORE, petitioner, James '1', Joy, requests lhatthe Cllurt enter a decl'l:e diViding the property and debts equhably between the parties and grant such other relief as the court deem, Just, :,' lJ ')' iN Date I I ," .I:) . 6 -) , . ~o1r;i' u'dl i'-,_ Certll1ed Legalllllern ~' ,+-~' /} , ~v< ,. Mu.~ obert E, Rains Supervising Altomey FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 240.5204 '. 'J-. " ;I~ "i"".." ;1 ;:!d,!~~}LiJ);UM-'k'~ _::;-"ftt1 ,-~,,',' ,'F;.:J / ti _ .r ,-, ',-c.' '.,IH. f..-I!(,~; I!' .-..'_:'''-,' 1,'( :,1", 3_f~IW#i'li\~fi'I\"jr(\~~t;'~'~~~I'!iMrrl,-~liJ;j ,.wi' :1' "'j:; I ' ,,~FVi'1~IIf'it-1 ;111' 'I " , I i" , , ... ,; , ~.t"oi.-"-'~"" .....-~"...-'" . ! ' , ......I*......IH...."~It<"l"'l,'_lhio"...~;,...I.-~ ,,, l 't I,' ,. "." ~I ,i' ,ll ~ t r, I ' ~k' J I .'1\ 1 ~,'~I~I V ''','1,1 I.. \,r\'>>I\ p,\l'!h'\ ' " f,\:\V.~'lii!'1"" I \111 :~:Ij'I(.,! c{,i:'I,\ ' ~i 111l\JI:t.~111., ~;l /. ,! i"O,r' ;J: ji" . r),I'\, il,. It' ;,f! Il' ~ I I I ,t ,.'1/)"1, ....'[ r,IS 'Il i'.'I,"" I ,I ~N~-t'_I_:I_,If.}rl_,,; , l}\Wd~t-/.ll,-;;- - I :','I\',-H.i} _.,.(-(,..',;':.1,;: :','1"..j"I,..,-"",I','.:-I'I' !jr"_,:I.,.,:!I,,I,.,l .. .,/:N!';}j'~--,-;,,-,, ",}-ll ;\" , ',: I __ 0" , j' ,-- : L ~ , I, . tI, '~_," ,I .r J':._... ',' . , Il:'.'\:'!.-:'t!/,.:,;'.\I \__li'!lt'd{'Ii~"q;- . 'IttN:'j\c'"",,\;il ),~,,;,'i;:'';''I,; _.'/.'1 ,',i .! : I-I,: " ';; ~ ~ ',- I .\1' '_,h',I,\I,"d"'" I;),.,:~, ,,'~'-;-,:';L' ;.-:,li ,/r,r}1I,',_\lli;'ii /:1: ',_'i.!,i1 },:Ai:,'. (';I'~I\i,!" , !~" .,', ,;' 'J; ,( 1\1 ...! '.-;1' r _f''1iJ , I) i 'i1.:'.i:';::'I"~':' ,", i I ,.-! t......".'l ." i'iij'l'y':\:;" ',l Ii, ,{'if'l': ' 1" ., , .'/ .:\,\ .1,:-,\', ,,", !: ' ,,, '-flf "11' .j, A" ZS , Ih8 rH ttl. " , " , I)t., I ,. O"~IQ~ 11.1 0'1" Ill"" r CU'\i',C~l'^'l\""I.'I,\~Y " ;" o"tJ~r~ II.HN.\Y' V'~I. f IS~rd'''f- t'~ fJ1,':fD~O ,! " "1' I, " , , H 'I II i' , .. ,,' I_I .: " '1 'I \, ,. It "I q' , , 'I, ,I , " , " ., 1 , ~ I , . :or.:: .0" ..~"'i! :,,"., ,--' , 'I. j' ~ II!, ,I "..... ",., ,"I '0 "I ~ :r:' ....:-1 .., I _"I., I J II 1.1 I ',,' , ,I JI "" fl'" " "./ ; " " I ' " ' ~ ~. , - ;; i !;!~~I I .i .... i ~ .1 I ~Ii , ~ ~ I> .~ I ~;~~~ !I~I ~p. ~~ ~~ .~E I ~ , il: ~C I ... . !: ~ , i .. ~ =" ~ ~ i ~ f . ' .. = i l!l := - s J fit. rr. ~ . i' II , ' .. " , , I . , . ~ ' . " I. WALYN JOY. , IN TilE COURT or COMMON PLEAS l'lllintUL , CUMBERLAND COUNTY. P~NNSYLV^NIA , v. I NO. 1432 caVIL ~994 I JAKES T. JOY. J D.hndllnt I IN DIVORCE ~rFIDAVIT OF SERVIC~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND 55, V.ANN L. rUGH, being duly sworn I!ccording to lILlo', d.po..~ And ny. that on the 24th day of March. 1994, ~hll Hurved a true Bnd atteotsd copy of the Complaint in Divorce Bnd Notlcu to llefel1d in thu above-captioned Illat tur on the above-nllm.d Defendant by d.podtlng the same in the United Stlltu mail, certlJied mail. IIddrnue only. at thu United 5tntu POIIt Otfice. 5hippenoburg, Pennsy lvania, 17257, IIddr....d as tollows I Mr. James T. Joy 4001 Kemp Station Rood Taney town, MD 21787 .<6/l~w1,y PHI, Sworn to and subllcribed betore me thb I~ __" day ot {JIl,1{.1 1994, ...,. ,;7:.",,r{, t. Kfih.", N0I8Ila1 S.II Uncia K. Kllln No~ Public Shl~nlllwa. PA Cumflerlllld County M comrnaalOn.. r.. 1151," r LAW lilI! I^ar H:ING IIn",lt - SttIPPINI.U"D, PA, 'US? . I LARALYN JOY, I IN TIlt: COUR'f or COMMON PLJlAS I CUMBiaLANO COUNTY. PENNSYLVANIA J I NO. 1432 CIVIL 1994 J J I Ul DIVORCE Plaintiff v, JAMES T. .JOY. Defendont .......IIlt,.,. ~, . f ' .'" ;rUilil'i,' ',~ ;r .I~. 111}'1 ~' I . ~ t ( ~" , ", II ~'t · ..,.... :1 ~ 1,1'1 " I::: I II · ~[' 1 "I, , I' t I ~ r ~~ . I,) ,r ~ ;"I 0 ~ 0" I 'f~ , .' II ~ ~ [~ ~ JI t III ~ 000 I ~ [Jll 0' 'l i ,~(i( ) I !. I 1-' I ,f f -I. !' 'If , If ~ you 'or u..n. ll.lUrIllln.1pt ItrY"', P 38 7 :LillI () :J7 7E1PT FOR CERTIFIED MAIL M IN~llnA"'C~ (1I~11l,l1j( PflOVllltO hllllllftltjHIIM'IlINAlt,lAIl /Sf1I1RriYIJr.\rJ) I .. "" -.,'----'--.,,-- ,'lIlnl II Jnmea T. Joy . --. - ._. ....__._-~.._--_..._--- ! :~'1:9:9J"~.e.')!Lfl!~tl(,lIl Ro~ .. P r) ",1,.111 lUlll liP C')lh'M 21 8 ~ ___,~~!~.E~_~~._~__ 2.2._ ~ PI)~I.I'ltl :'> 'I q ,:;;,;;i,;;~i;~;;;--------'- I~ V ~:;'ll.'f 1111 [}1I1i\tfJr Y , ijt) 11l.tb1fIl'II/lIOl!II\t'!/Y ref' ,) '7) ~ ,) I ()/; I I Hl~h,tl' Illlrllll" .,tlll'lfUlI) hlwthl,ll ,1111' O,lh' /)Oh'y1J111tJ , " , I l . Pol J ~ M^,'~, WF.ltllr AND '11"~IN!1 AfltmN...V!\ At lAW I~" EAsf MINO St".Et _. IHIP.,INSaU"O. PA. t"", I, Ii' , , 1/ , " LARALYN JOy, I'hlinlilT IN TilE COURT OF COMMON I'LEAS OF CUMnmU,AND COUNTY, I'ENNSYLV ANIA v, NO, 1'19 CIVIL ACTION '~'f ~ IIf 3J.. ["",: j,,,, yV\ IN DIVORCE JAMES T, JOY, IMcndonl NOTICE If you wish 10 deny any of the statements set Il)rth In this allldavit. you Illust llIe a countcr. IIllldllvit within I.....enty (20) dnys liner this nllldllvit hns been served on you or Ihe statcmcnts will be admitted, AFFIJ)A VIT lJNm:R SECTION JJ01(d) OF THE IlIVORCF. COIlE I. The pllrties to Ihis IIctlon scpllrnted on Novcmbcr 14, 1'1'13 and havc continued to live separate and apart IIJr II period of lit least IWo years. 2, The marriagc is irretrievably broken, 3, I understund that Imay lose rights conceming alimony, division ofpnJp,:rty, lawyer's fees or expenses if! do not claim thelll bell)re a divorce is grantcd, I verify that Ihe statements Illade in Ihis allldavlt are true and correct. Understand thllt false statements herein are Illude subject 10 the penllllies of 19 1'1.1. C.S, * 4904 rell.llinll to unsworn fulslllcution to l.Iulhorities, Dote: 7.,/? '. "7____ . , /' /7 '1:;;;lynJ~lT ~~- . " . ' M^,Uc., IhllOll: AND r";RKIN!\ . ,UrOnNkYI\ AT LAW lilB EAST "'NO ",..u:r -- 5UIPPIN5DURO, pA 112.1.13"" . .' . ..., I LAIlALYN IOY, PlalnUffflelpondent : IN THB COUIlT Of COMMON PLEAS Of : CUMBBIlLAND COUNTY, PBNNSYLVANJA v. . . : CIVIL ACTION. LAW : IN DlVORCB IAMU T.IOY, Defendant/PetItioner . . : NO. 94-1432 AfFID4 fIT OF CQNSENT I. A Complaint In Dlvoml under '330I(c) of the Dlvoml Code wu ftIed on March 23, 1994. 2. The marriaae of Plaintiff and Defendant II Irretrievably broken and ninety (90) daYI have elapsed from the date of f11lnl the Complaint. 3. 1 consent to the entry of a final decree of divorce after IICrvlce of notice of intention to request entry of the decree. 1 verify that the ltatements made in thil affidavit are true and correct. I understand that false ltatements herein are made lubJect to the penal tiel of 18 PI.C.S. '49Q.$, relatlnllO unlworn fallification to authorities. Date 'S"hlr7 J~ llII"'_' \ Iv,. j ,.......,'j .. III I ' / ',' " .'I,'ltl' h~ LARAUN .:JOf, , IN 'l'HB COUR'I' OF CONNON PLBAB OF Pl.IJ.ntJ.tt , CUNBBRLAND COUN'l'f, PBNNBfLVANIA , v. , CIVIL AC'l'ION - LAW , .:JAMBS '1'. .:JOf , , NO. 94 - 1432 CIVIL 'l'ERH Defend.nt , , CIVIL AC'l'ION - CUSfODf COURT ORDj:R AND NOPi, this tAi~ d"y of ~",.t....Lcl , 1996, upon consJ.der.tJ.on of the .tt.ohed Cu.tody ConoJ.lJ..tion Report, J.t is ordered .nd dJ.reoted .. follow., 1. A he.ring J.. soheduled in Courtroom *5- of the Cumberl.nd County Courthou.e on the ,.'/)..(, d.y of O,pA. .~ / , 1997- .t ~ ~.m., .t whioh time te.timony will be t.k.n in the .bove c.... At this he.ring the prim.ry i..u. will b. the Hother'. request for the F.ther to .ubmit to . p.ychologio.l ev.lu.tion before the F.ther o.n re.ume p.riods of unsup.rvi..d viBit.tion with the minor children. 'l'he Hother sh.ll be the moving party in this au. .nd .h.ll prooeed initi.lly with te.timony. Coun..l for the p.rties .h.ll file with the Co"rt . m.morandum setting forth the history of oustody in this o..e, the i..ue currently before the Court, a list of witn..se. th.t will testify on b.h.lf of e.ch p.rty( along with . .ummary of the .nticip.ted te.timony of e.on witne.s, and .ny leg.l .uthority the p.rties m.y pres.nt to the Court on the issue of . psyohologio.l ev.luation being ordered in . custody o..e. 2. Pending further order of this Court, the Court's prior Order .llowing F.ther temporary custody, whioh Order "'.. dated October 4, 1996, .h.ll rem.in in effeot. Addi tionally, F.ther .hall h.ve the following period. of tempor.ry custody' A. On Christm.. D.y from noon until 5,00 p.m. Nother sh.ll deliver the minor ohildren to F.ther'. parents' home in Haryl.nd .t noon .nd piok the children up at 5,00 p.m. on that d.te. On any day. th.t the Hother is in H.ryland visiting her p.rent., Hother sh.ll .dvi.e F.ther in advance .nd on tho.e weekend. .fford Father the opportunity to exerci.e hi. one d.y of temporary oustody on th.t weekend with the ohildren .t H.ryland at his p.rents' in order to .void the Fath.r's p.r.nts being r.quired to drive to Cumberl.nd County to .upervi.e visitation with the Father. B. .' 1-:, .. ,'. .~ , LARAL'IN JO'l, , IN '1'HIIf COUR'I' OF COMMON PLllfAS 01' Pl.intitt , CUHBBRLAND COUN'I''I, PBNNBfLVANIA , v. , CIVIL AC'I'ION - LAPi , JAMBS '1'. JO'l , , NO. 94 - 1432 CIVIL rEM Defendant , , CIVIL AC'I'ION - CUSfOD'I PRIOR JUDOB, HONORABLE J. WEBLE'I OLER, .:JR. CONCILIAT:fON CONFHRENCE SUMMARY REPOR'I' IN ACCORDANCB WI'1'H CUMBERLAND COUN'1''I CIVIL RULE OF PROCBDURB 1915.3-8(b), the undereigned Custody Conoiliator submits the following report' 1. '1'he information pertaining to the ohildren who are .ubjeot of this litigation i. ae follows, Alexander Joy, born September 24, 1987 Katherine Joy, born May 13, 1990 2. A Conoiliation Conferenoe wa. held 011 Deoember is, 1996. Pre.ent were the Father, James '1'. Joy with hi. attorney, .tudent attorney Rebeooa Spengler fl'om the Diokineon Sohool of Law Family Law Clinic, and the Mother, Laralyn Joy with her attorney Jerry Weigle! who were pre.ent via a telephone oonferenae/epeaker oal . 3. '1'his is the eeoond oonoiliation. The partie. previou.ly met in September, at which time that there wae an agreement that the Fathor was going to obtain an evaluation and that there would be supervised vieitation in the interim. Father made an attempt to get an evaluation through the V.A. and ",a. advised that he aould not get euoh an evaluation. Father made other inquirie. and determined that, in his opinion, he did not have the finanoial wherewithall to obtain an evaluation as requested by the Mother. '1'he evaluation iteelf i. an ieBue. Mother .uggest. an evaluation ie neoeesary becau.e ehe believe. the F.ther ha. made threate of suicide and made one of t.hese threat. when he had ouetody of the ohildren at a time whiah required the poliae to aome to the Father's home. Father denies a majority of the Mother's allegatione on thi. matter and sugge.t. that there ie not good oause demon.trated in thi. aa.e for a p.yahologioel examination. '1'he Father ",ould be wilHng to undergo a peyohologioal examination it it ",ere paid for by the Mother or if it oould be obtained through .ome ~ther resourae j ,. r <I, I!)!JG~ . i' T -If I" .'(, LARALYN JOf, , IN TH. COUR'1' OF CONNON PUAB OF PlaiflUtti:: , . , CUHBBRLAND COUNTf, PBNNBfLVANIA 1'1;1'1:", , v. , CIVIL ACTION - LAW , JAMBS 2'. .:JOf, , NO. 94 - 1432 CIVIL TllfRH Defendant , , CIVIL ACTION - CUS'l'ODf COURT ORDBR II I-/. AND NO~, this It ' day of ( \ l "'" ,I aon.ideration of the attaahed Custody Conoiliation ordered and direoted as follows' 1. '1'he following temporary oustody order is entered, A. Mother .hall have primary physioal ou.tody of Alexander .:Joy, born September 24, 1987, and Katherine Joy, born May 13, 19:JO. B. , 1996, upon Report, it is Father shall enjoy temporary physioal austody on one day eaoh weekend to be either Saturday from 9100 a.m. until 7,00 p.m. or Bunday from 10,00 a.m. until 7,00 p.m. Father will notify Mother by '1'hursday of eaoh week as to whioh day he will exeroise, and the day he .eleat. shall be sub:Jeot to family or sooial plans that Mother may have in advanoe. C. 'I'he Father, through his attorney, shall make arranyements to have an appropriate profeeeional perform an eva uation on the Father. Mother shall cooperate in this evaluation and shall, herself, submit to an evaluation J.f reoommended by the professional. The result. of this evaluation shall be .hared with oo~nsel for both parties. 'Mother shall also make arrangements to have the ohildren av.ilable to partioipate in any evaluation and/or aounseling that may be reoommended. During the time Father exercises temporary austodYr thi. ou.tody .hall be exerais.d in the pres*nae of Father'. parents. Also during that time, neither the Father nor the Father's parents shall be aon.uming alaohol. D. i ".. .' .: ... .r/' II'; , iiI, ~fN .rOf, , IN 'J'HI COUR'J' OF CONNON 'LIAS OF Pl.J.ntJ.lt , CUHBllfRLAND COUN'I'f, PINNBfLVANIA ';' , Ik(, v. , CIVIL AC'J'ION - LAPi II:! , J~'S '1'. .:JOf, , NO. 94 - 14J3 CIVIL '1'IM Detend.nt , , CIVIL AC'I'ION - CUS'l'ODf (;ONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCI Pil'1'H CUMBERLAND COUN'1'f CIVIL RULB OF PROCBDUR' 1115.3-'(b), the under.igned Cu.tody Conaili.tor .ubmit. the tollowing report' 1. '1'he intormation pertaining to the ohild who is .ubjeot ot thi. litig.tion i. .. follows, Alexender Joy, born September 24, 1987 Katherine .roy, born M.y 13, 1990 3. A Conailiation Conferenoe w.. held on September 26, 1996. Pre.ent were the F.ther, J.me. '1'. .:Joy ",ith his attorney, .tudent attorney Rebeooa sp.ngler from the DJ.okinson Bahool of L.w Family L.", ClinJ.o, .nd the Mother, Lar.lyn .:Joy with her aoun.el .rerry Weigle. J. '1'he perties .greed to the entry of .n order in the form .. .tt.ohed. 10111 q ~ Dete d re , , , ~ 1/,'; () I ;t/,l7/J IN TilE COURT 01' COMMON PLEAS OF ~ ,I CUMBERLAND COUNTY, I'ENNSYLVANIA I CIVIl. ACTION - LAW IN DIVORCE, CUSTODY NO, 94-1432 CIVIL TERM LARALYN JOY, Plulntlff/Respondelll v. JAMES T. JOY, Defemlant/Petitloner QRDER ()I<' COURT AND NOW, this ~ I h day of 1\'-' :t., J r , 1996, upon consldemtlon of the attached petition, It Is hereby directed tbatthe purties und their respective counseluppear before, b, (0, {,~,WiV.'~. #h Fl. (.cnf, ~m . "Ilbt.ft c'\\rQi, i'1lhe conciliator, at CIl'''' . tumberland Coullly on the ,;1,(,1 " day of S. pt,'7lI", 1996. ut <:1 .;:,1m, , for a Pre-Heuring Custody Confel'ence. At such conference, an effort will be made to resolve the issues In dispute; or If this cllnnot be accllmplished, to define and narrow the Issues to be heurd by the court, and to enter into a temporary order, Either party may bring the children who ure the suhjectof this custody uction to the conference, but the children's uttendunce is not lIulIldulory, Failure to appear at the conference muy provide grounds for entry of u temporary or permanent order, FOR THE COURT: By: ."--/ " /,;..:tX.J!7i,,:.Jl'c>'t'l' CUsto Conclllutor ,;/,'MY' YOU SHOULD TAKE TillS 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, OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, 4lh Floor CARLlSl.E, PA 17013 717/240-6200 AM~;RICANS WITII OISADlLI1'/ES ACT ()I<' 1990 The Court of Common Picas of CUlllberlund County Is required by luw to comply with the Amerlcuns with Dlsubllltles Act of 1990, For information ubom uccessible fucllltles und reasonable uccommodatlons available to disabled indlvldullls huving business before the court, please contact our office, All arrnngemems must he made at least 72 hours prior to any hearing or business betllre the courl. You must attend the scheduled conference or heuring, .1.' 1",,'IIl"~ l~joll.'t/oII,~j,J;",,',i"i I.. , 11,1 M.. , 1',1 RL1fD-llt:fJCC 'D Or Tllf: rIV)fii(l,lJ(lTA,7Y 96 AIIf; -~ 1'/( 21 16 CUM:L';l'" . PfiNNiYLV/\~';\"~ I)' of ,y. 9& tit,!. (~ ",.,~dI i ~.:;(.;.~ ~) f'tf'rl, '7/ftfa ImjJ,1 ~ a1 ~J'fph ~ '9, 9(, f.~P1 j24Mt!,.1 '..... "il :,;Ij(llJp 'f-4 . , , Ij ii , )'1 " '.I, " ,/, , , " " , , 1,1, ,,' 'I' " , " , , " IN TIm couln OF COMMON PLEAS of CUMBERLAND COUNTY, PENNSYL Y ANIA CIVil, ACTION - LAW IN DIVORCE, CUSTODY LAI~ALYN JOY, 1'llIlnllff/Respondent v, JAMES '1', JOY, Defenl.lanllPetitloner NO, 94-1432 CIVil, TERM I>>ETI1'ION F.QJU>>t\RTIAI. CUSTOl)Y AND NOW COMES, Ihe defendant, petitioner Inlhe IIbove ~'aplioned divorce aCllon, by and through his attorneys, the Family Luw Clinic, und sets forlh lhe followinll Pelltlon till' Partial Custody, pursuant to I'a, It C, p, 1920, 1 5(b): 1. The petitioner. hereinafter Futher, is James T, Joy, residing utl30 Timber Lune, Shlppensburg, 17257, Cumberland County, 2, The respondent, hereinafter Mother, Is Lnralyn Joy, residing at 599 Newburg Road, Shlppensburg, 17257. Cumberlund County, 3, Father seeks purtial physical custody of Alexander Joy (d,o,b, 9/24/87) and Katherine Joy (d,o,b, 5/13/90), 4, The children were nol born out of wedlock, 5, The children ure presently in the cuslody of Mother, 6, To the best of Falher's recollection, during the past five years, lhe children have resided Wilh the following persons and at the following addresses: Persons Addresses J.bJm Mother & Tim Drew 599 Newburg Road, Shippensburg, I'A Mother 599 Newburg Road, Shippensbul'g, I'A Mother & Dawn Durange 351.4 Kump Slallon Road, Shippensburg, I'A MOlher & Dawn DUl'ange McGalllsterville, I'A Mother 3502 Plaza Drive, State College, PA Father 599 Newhurg Road, Shlppensburg, I'A MOIher SlAte College, PA Mother & Father 599 Newhurg Road, Shippensburg, PA 7. FAther is married to Mother, but is In the proce~s of a divorce, resides alone. 8, Mother is Illarried h) Father, but Is In the process of a diVorce, MOIher currelllly 7/95 - present 6/95 - 7/95 3/95 - Cll95 1/95 - 3/95 3/94 - 1/95 1/94 - 3/94 11193 - 12/94 7191 - 11/93 Father currently r~sides with t/le following persons: rJlrSQI18 J{clutlonshin Tim Drew Boyfriend Alexander 10y Son Katherine 10y Daughter 9, Father hils not participated as a party or witness, or In another capacity, in other litigation concerning the custody of the children In this or another court, 10, Father has no Information of a custody proceeding concerning the children pending in a court of this Commonwealth, 11, Father 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, The best Interest and permanelll welfare of the children will be served by granting the relief requested because: a) Doth Mother and Father have been primary caretakers of the children since I' I I I , ' H I' hlrth; b) Father is able to provide thl! children with a home with adequate moral, emotional, and physical surroundings as nccessary to meet the .::hildren's necds; c) An informal custody arrangement, consisting of every other weekend with Father, was followed by the parties from the time of separation in 1une 1995 until April 1996; d) The children are entitled to a continued relationship with Father, but are being unreasonably denied physical and telephonc contact by Mother since April 1996, 13, Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children havc bcen named as parties to this action, WHEREFORE, Pctitioner requests the court lO grant partial physical custody of the children to him, Date)",!.) 'J,{j, 1'17& It:) ~ll!. .\y ....~~. I.\.<{(, Rebeccn Spangler' , Certified Legnl Intern , FAMILY LAW CLINIC 45 North Pill Street Carlisle, PA 17013 717/240-5204 VERIFICATION , I verify that the statements made in this Pel It (1)1\ for Partial CU810dy are true and correct to the best 01' my personal knowledge and belief, I understand thaI false stalemenls herein are made subJect to the penallies of 18 Pa,C,S. H904, relalinll III Ullsworn falsificatioll to authorities, Dale 7-30 '-J~ "I " '. , , , Ii I " , ,,' , ' " , , " " , ' , . !, lei i , " " " LARALYN JOy, Plalnllff/Respondenl v, IN THE COURT OF COMMON PLIiAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE, CUSTODY lAMES T, JOY, Defendant/Pelllioner NO, 94-1432 CIVIL TERM CERTlFlCAT~ OF SERVJ.C1t I, Rebecca Spangler, Cerllfied Legal Intern, Family l.aw Clinic, hereby cerllfy Ihall am serving a lrue and correcl copy of Pelhion for Panial Custody and Pelhion for Cuslody Concillalion on lerry A, Weigle, Esq., al his place of business, Mark, Weigle and Perkins, 126 EaSI Klnll Slreel, Shippensburg, PA 172.57, by deposillng a copy of the sallle In the Unhed States mail. regular mail, postage prepaid, this 1st day of August, 1996, .--; ,) " '~. ~ I. : ..I" J,e~~: st~~~I~r 1"""1 L- Cenlfled Legal Intern " , , , , , I' , 'I" ,. , " , " " II " I, '~Qill' .... ~ )', Mt ",.,." ~'r FAMILY LAW CLINIC \ 45 North Pitt Street .' ~~.' Carlisle, PA 17013 ,'~ , I H-"I 1'1 i,,' \, II \ ) "" , II il'lI tftf'-/t/ J J. 'I' "I ", ./ I.:, I / 1'1',/ ',i. ,'j"I'; , I "I I .......-". " 'MIlLY LAW CLINIC 41 If_ .... ..... OIIIIIle,'~ 17011 " , " " , ""Ill ::,li:'~ j UI' i " , I' , , , , '........."',...;..-....I...I~..~,.'~.".. ...... ". , " ".....,' ....--,....._____1_.....'.....,... , W~.~,fI:1'l....,.~....'.I........., 1"1"__" v .".l.".............,,_-......_..~...--....,j -1T~"" " FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 ) , " 'I ~ I \ I,:; . "It'l , III, ,,~ ,I , I \ '" , " " .. , , I II: " JERRY A WEIGLE ESQUlRf. MARK WEIGLE AND PERKINS 126 EAST KING STIlEEr SlflPPENSDlJRG PA 17257-1397 'liflll' 11 i ,1'~ ! " I I I"'! " " 'I I'I.l !, I, " -- F AMIL V LAW CLINIC A UNlet 10 III' communlly by Ilu~'nle from Th, Dlcklnlon 8c/1Qql 0' L,w Olll~: 4$ North Pin 81. O'rll.le, PA 1701H843 (717) 243.2801 ".: (717) 243-3838 March 21. 1997 The Honorable J, Wesley Oler. Jr, Cumberland County CourlhouSIl Carlisle, PA 17013 Hand Delivered RE: Jov v, Joy No. 94-1432 Civil Term Dear Judge Oler: Please cancel the April 2, 1997 hearing In the above referenced case, The primary issue for this hearing was Ms, Joy's request that our client, Mr. Joy, submit 10 a psychological evaluation, This issue is no longer In dispute and opposing counsel, Jerry Weigle, Esquire, and the Family Law Clinic IIgree that we may be ablll to resolve remaining disputed issues at conciliation, Allorney Weigle's wrhllln concurrence in this mailer can be found In the enclosed leller, Very truly yours, k?~~~ctt .)) /A'('-- Re,becca Spangler Certified Legal Intern enclosure c: Jerry Weiale, Esq. James Joy " '.t , I , " ,..I' 'i,'J;.J'~ WIUIAMJl.MARX C1V1Z.IiIQ) 3UV ,., WIIlJLI PA VIP p, rlRXlN. MARK, WEIGLE AND PERKINS A/lorn'>,I.al.l.aw IU IAIT IONlJ ITUIT Im..IN..lJalJ, 'Il'IN'YLV ANIA 11211-1)" TlLIPIlIlNI (11'7) lUl.1allllR (111) "....lfS 'AX (117) 1)1.-.0 AM"';;- DAVID C,lCllANIACllla JIlII'" " alJANI March 1~, 1997 albacca Spanilar, Cartif~ed Laia1 Intern Dickinaon School of Law 'amily Law Clinic 45 North Pitt Street Carliale PA 17013-2943 .~.:. "':"-f;.~\ '''~'', ,,~ ., ~' " ' , MAH 2 1997 If,..1 ,,', .. ..-.. ~ - ,~. '...~... -. all Joy va. Joy Dlar Ma. Spanilerc purauant to our phone conversation of Thursday, March 19, 1997, ple..e ba adviud that the paycholoaical eVll,luation prepared by Edward A. Franco, Ph. D., dated January 12,. 1997, is acceptBb1e to Mrs. Joy, It ia my undentandina that the hearina acheduled for April 2, at 9100 a,m., will be continued and that a cuatody conciliation conference before Hubert Gilroy haa been acheduled for 2100 p,m. that aame day. Very truly youra, a -' Weial JAWedlp cc Lardyn Joy , 'I , ' , .r , ,--- :;, tl .... r"' t, ~ ,;',. I'; " ~ I It' ,"'. ,') n',IIL' 1'1.1, 1"". , I ~ 'I ' ) I rIll , ,. t"l I r,.:j ~. ,.- .l U' I' , ',I " : ,;. "Il!\ /-'.. , , " ~'..) .,~ I'" II " , ., I' i ,~~ . 1- , - ~~ ~ i. ~~I :.~ ~~ 0 i. ,... f-< "" '" ~~ J ,-' ~ Ie ;l" ~j ~ , ~ 6 " "'f-"~~~ ,-' I> ~ nl 'II "; ,~~ g ~ ~i~s .... '... ~~ "" .~ ~~r:~~~ I . l:; ~ ~~ J ''1 ,., 0 01411 ~ ~~ ~ , tJ ~S.~i : f f-< ~Jg~ ~ ~ ~ I ~ *f. I. , - -- I; I , , , , . - ' " ... . , ", LARALYN JOY Plaintiff v. I I I I I I I IN THB COURT or COMMON PLBAS Of CUMBBRLAND COUNTY, PBNN8YLVANIA CIVIL ACTION - LAW JANIS T. JOY, Defendant NO. 94-1432 CIVIL TBRN AND NOW, ORDBR OF COURT thil ~ol~ay of Nay, 1997, upon conlideration of the attaohed cUltody agreement, the term. of the agreement are herein adopted .1 an Order of Court. BY THB COURT, J. Jerry A. Weigle, Slq. 126 Baot King street Shippenlburg, PA 17257-1397) Attorney for Plaintiff (~V"'-<'L" ~"f-<u ("J.f7 I~~ Family Law Clinic 45 North Pitt Street Carlille, PA 17013 Attorney for Defendant u'a ;.1 " " , , , , !j " I.' ,I ".",I,~ 1':1 ) \ '." r i i ::118 SI) 1(: \:,1 Oi; ,..;1 Ui 1'\'[ , . "J (,IJ I ;' . i I ~ .4 j'_' ., .'J ,;_ ,lj CUSTODY AGREEMENT THIS ;.ORBEMENT, mllde this /l6ay of fYY1"'1 ' 1997, "'tween defendant, lam.. T, 10y. hereinafter Father, and plaintiff, Lara1yn 10y, hereinafter Mother, concerns the custody of the parties' children: Alexander 10y, bom September 24, 1987, and Katherine 10y, born May 13, 1990, WHEREAS, Pa!her and Mother desire to enter into an llreement u to the custody of the children and to have this aareement mllde an Order of Court, Father and Mother llree to the followlne: I, Leaal Custody of Alexander 10y, lie 9, and Katherine 10y, lie 6, shall be shared within the meaninl of ~3 Pa,C,S.A, 1~301 et aeq, 2, Mother shall have primary physical custody of the children, 3, Father shall have periods of physical custody of !he minor children ac:cordlnl to the followinl: a, Every other weekend from Friday until Sunday; b, Every Wednesday from 4:00 p.m. until 7:00 p.m,: b. Extended weekends throuahout the year, c, Mother and Father shall mutually IJree to other reasonable periods of custody, 4, The parties hereto llree that Father shall be responsible for pick-up and delivery of the children at the qreed upon times. If Mother moves outside of the Shippensbul'J area (more than fifty [~O) miles from the Borouah of Shlppensburl), Mother and Father shall meet each other half-way between their respective homes 10 thatlhe responsibility for transportation Is shared equally between the parties, " " .' .. ".1 fi' . , , 6, Mother and Father shall keep their personal differences with each other out of the presence of the children, and shall avoid maklnl disparaalnl or critical comments with respect to eacl) other or other inappropriate remarks In the presence of or durinl conversations with the children, IN W1TNE.IljS WHEREOF, the parties Intend to be lelally bound by the terms of thl. qreement and have It made an Order of Court. /' ,..-/. ~' ~.... Lara1yn 10y ,_ Plaintiff J!:~~/+- Certified Lqal Intern ~ Co ~~- omu M, Place Robert E, Rains Katherine C, Peanon SUPERVlSlNO ATTORNEY Oall R, Shearer STAPP ATTORNEY MARK, WElOLE AND P 126 Baat Klnl Street Shlppenlburl, PA 17257-1397 FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 , , ORDER Approved and entered u an Order of Court, Date 1. WeaJeYOler. lr., 1, , . LAllALYN IlJlJ'W PI.AlNTII!' IN '1111' ('OLJI< I 01, (,oMI\ION 1'1.1'.t\S oJ ('lJMlli'lll ,ANI> ('OliN I'y, I'I,'NNS YI. VANIA v, '14.1,fJ% CIVIL i\tTloN LAW JAMES T, JOY IlH'I'NllANT IN ('lIST<)/lY ~)IU)Ell Oil ('0l11U ANI> NOW, 'I'hllmIIlY. 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IUl)~ 3V: l.y'I~r/ __. &; LARAL YN DREW, PlalnlllTlRespondenl : IN HIE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, JAMES 1', JOY, Delendanl/PctltloMr : Civil Acllon. l.aw : No, 94.1432 Lepl proceedings have been brouslll againsl you alleging you have willlully disobeyed In Order of Court for partial cuslody and visitation, If you wish 10 defend aplnsllhe claim IIeI forth In Ihe tollowing plll!es, you may but are not required 10 file In writing with Ihe Court your defense or objections, Whether or not you file in writing with Ihe Court your defenlles or obJecllons, you must appear in person In Court on ._._______> lit ___ o'clock _ m" in Courtroom /I __ of the Cumberland Counly Courthoulle, One Courthouse Square, Carlisle, Pennsylvania, IF YOll DO NOT APPEAR IN PERSON, nm COURT MAY ISSUE A WARRANT FOR YOUR ARREST, If the Courtl1ndslhat you have willfully failed 10 comply with Its Order fur cuslody, partial cuslody or visitation, you may be found 10 be In contempt of Court and committed to Jail, fined or both, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE ALA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Pennsylvania Bar Association Lawyer Referral Service 1-800-692-7375 (PA only) or 1-717-238-6715 AM.EBJ.c~.5.-WlnlDlSADJLlTIEH.Acr_.oEJ9~) The Court Of Common Plcaa of Curnbl:r1ond County II requlrcd by low 10 comply with tho Americana with Dll8bUitlcs Act of II/I/O, For Information IlboUllICCl.'Isible facUltlcl11IId n:lIIOnable ~odatiOlllllviIJlllblc 10 dlllbled indivldullll hlIvlnll bUlinm beli>re tho Court, plcaae contaa OIlr office, All amIllIIOmcll1l mUlt be made lit ICllII 72 houri prior 10 any hCllrill1l or bUlinm before the Court, All amnaemenll mUlt be made It lcaat 72 hours prio, 10 any hcarlnll or buslnoll before tho court, You mUlt Illtcnd the scheduled conferenco or hCllrinll, , I,,, , , fl,. 1..\ "J. , "I LARALYN DREW, PlalntilTlRespondont : IN THE COURT OF COMMON PLEAS Of : CUMBERLANDCOLJNTY, PENNSYLVANIA v, JAMES T, JOY, Defendant/Potitlonor : Civil Action. Law : No, 94.1432 AND NOW, this _ day of , 200S, the Court hereby IslUos a Rulo upon Rospondentto Show Cause why a Flndinll of Civil Contempt should nut bo made and the reliefroquested should not be aranted, Said Rule II returnablo within _ days of the dato of this Order, By the Court, " " , " , , , I. Distribution: Laralyn Drew Karl E. Romlnaer, Esquire , ' WtmRflJlORE, Petitioner retjuea'a .ha..hls 1I11nllrable Court nnd .he Ile.ponden.ln con.empt of a Court Order and gran. all proper and JUl' reliet: 'ncludlny 81111rncy fees rCll8l'diny .hls Petition, RespecUully aubmlued, ROMINm:R. BAni:\''' WHARE Dale:.Qd 2 ~;( __2_,_____________~~___ Karl R Rominyer, Esquire I ~~ South Hanover S.reet Carlisle, PA 11013 (111) 241-6010 Supremo Court ID 1# 81924 Attomey for ", , " , , j III , , , 'i'l ,I II , , " " , , " 1'1 ~'.'....' ,I'., > I ,Ii LARAL YN DRBW, PlaintllT/Respondent : IN THE COURT Of COMMON PLEAS Of : CUMBERLAND COUNTY, PENNSYLVANIA 1'1 i, v, IAMBS T, 10Y, DefendantJPetitioner : Civil Action. Law : No, 94.1432 gannCATt; 01 UlYJg I. Karl E, Romlnaer. Esquire, attorney for Petitioner, do hereby certify that I this day served a copy of the Petition to Modify and Contempt upon the followlna by depositllllll/lle In the United Stites Mail, first clus postllle prepaid, at Carlisle, Pennsylvania, addressed II follows: Laralyn Drew 559 NewburB Road Shippensbura. PA 17257, Reapec:ttUlly Submitted, ROMINGER, SA YLEY .. WOAD Date: oJ Cf' 1... ~).olr '- ;; ------ Karl E, Romlnaer. Elqulre 155 S. Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court I,D, 1# 81924 Attorney for Petitioner , ' " ~ I verify that I am the petitioner and that the sllJements made in the forellolna Petition are true and correct. I understand that false statements herein are made subJect to tho penalties of 18 Pa, C, S, f 4904, relatlnlllo unsworn falsification to authorities, Date: q-/9 -or ~\.S~.. James Joy . 'j' , , , .' " " " ' \' '" , ' , -, IlAltALYH JOY 'bind,U I IH TDI COURT or CONNON 'LIAS or CUKBIRLARD COUNTY, 'IHHIYLVAHIA CIVIL ACTION - LAW v. I I I I I I I NO. 94-1432 CIVIL TIRH JANIS '1'. JOY, Defendant O~D.R O' COURT AND NOW, thia ~o~ay of May, 1997, upon aonaideration of the attaahed au.tody agreement, the terma of the agr.ement are herein adopted a. an Order of Court. BY TDI COURT, J. Jerry A. Weigle, laq. 12& la.t ling street Shippen.burg, 'A 17257-1397 Attorney for Plaintiff ~'lY Law Clinia 5 Horth Pitt street ' Carliale, PA 17013 Attorney for Defendant , " Ira ",d' , ' .' . " '" TAOE COPY FROM RECORD In TIIitmony Whereof, I hn unto let my IVlnd and tilt .. 01 laid Court at Carll8lt, PI. nl~. ~..Vn~t.} :~~~ , ~ryr- ~ \ mxhibit uAu ""..... ---"-1 (,' -,y/-,.' )'l" !~, I ,,/'C" i I'" \ 'I I , " f , ,.' , 'I j /. ' , ~ ' ~ ~ . ,', , ~AY 2 7 1997 . . . . , Y. IN THB COUllT OP COMMON PLEAS OP CUMBBIlLAND COUNTY, PBNNSYLVANIA CIVIL ACrION . LAW IN DIVORCB, CUSTODY NO, 94.1432 CIVD.. TBRM I' \' LARALYN 10Y, PlaintltflReapondent . , , , lAMES T. 10Y, oefendantJPedlioner , J ClJroJ))' t\GBJr.~m' nus AGREEMBNT, made thls/t6a,y of ~ ' 1997, between defendant, lama T.loy, herel~ Pather, and plalndff, Lara1yn loy, hereinaftu Mother, concernl the custody of the partieI' children: Alexander IOY, born September 24, 1987, and Katherine IOY, born May 13, 1990. WHEREAS, Pather IJld Mother desire to enter Into an qreement u to the custody of the children and to have thil qreernent made an Order of Court, Pather and Mother qree to the foUOwln&: 1, Lepl Custody of Alexander IOY, qe 9, and Katherine 10Y, qe 6, IhaIl be ahand within the meanlnl of ~3 Pa.C,S:A. 15301 et Ieq, 2, Mother IhaII have primary physical custody of the children. 3, Pather IhaIl have periods of physical custody of the minor chUdren Il:COrdlnl to the followlnl: a, Every other weekend from Priday until Sunday; b, Bvery Wedneaday from 4:00 p,m. until 7:00 p.m,; b, Bxtended weekenda throulhout the year; c. Mother and Pather shall mutually qree 10 other reuonable periods of cUltody. 4. Tho parties hereto qree that Pather shall be responsible for pick-up and delivery of the children at the llreed upon dmes, If Mother moves outside of the Shlppenlburl area (mol'll than fit\)' [~O) mllea from the Boroulh of Shlppenlbura), Mother and Pather shall meet each other half-way between their respective homes 10 that the responsibility for lrInaportation II ahared equally between the parties. Pursuant to consent of the parties, whkh does nol constitute De/i:ndant's Ildmission to the awnnents of abuse in the petition, the following order will be entered: Phaintlrrs request rl)r II nnlll pro/ectlon order Isllrunted, 1. Defendant shull not ubuse, stalk, harass, threaten or atlemptto usc physicul force that would reasonably be expected to cause bodily injury to the Plulntiff or uny othcr protected penon in any place where they might be found, 1, Defendant is prohibitcd from having ANY CONTACT with the Plaintiff, or any other person protected under this Order, ut any loclltion, including but not limited to any contact at Plalntifl's school, busincss, or place of employment. 3, Defendant shall not contact the Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons, 4, The following additional reliefls granted as authorized by ~61 08 of the Act: . Defendant Is prohibited rrom bavlnllllny contllct with Plalnurrs relatives an" Plalntlfrs cblldren listed In this petition, except as the court may nnd necellary wltb respect to partllll custody and/or visitation wltb tbe minor cblldlren, . Defendant sbllll not dnmllKe or destroy any property owned Jointly by tbe parties' or solely by tbe Plaintiff, . Defendant sball hove custody Friday at 4:00 p,m. until Sunday at t tOO p,m, bealnnlnll June 17.100S and contlnulnll on alternatlnll week.ends tbereafter until furtber order from the custody court, All excbanlles sball take place attbe McDonalds on l<Jnll Street In Sblppensbura and will be facilltllted by a tblrd party neutral, S, A certified copy of this Order shall be provided to the police depllrtment where Plllintiffrc:sldes and Ilny other agency specified hereafter: Pennsylvania Stllte Police. Carlisle 6, THIS ORDER SUPERSEDES: I, ANY PRIOR ORDER RELATING TO CHILD CUSTODY 7, All provisions of this order shall expire on: Jllnullry lS, 1007 NOTICE: TO Tm: DF.n:NDANT VIOLATION OF THIS ORDER MA Y RESUL.T IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABL.E BY A FINE OF UP TO $[ ,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS, 23 PA.C,S, ~6114, VIOLATION MA Y ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U,S, TERRITORIES AND THE COMMONWEAL HI OF PUERTO RICO UNDER THE VIOLENCE AGArNST WOMEN ACT, 18 U,S,C, P265, IF YOU TRA VEL OUTSIDE OF THE STATE AND lNTENTIONALL Y VIOLATE THIS ORDER, YOU MAYBE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U,S,C H2261.2262 IF YOU POSSESS A FIREARM OR ANY AMMUNITION WHILE TIUS ORDER IS IN EFFECT, YOU MAYBE CHARGED WITH A FEDERAL OFFENSE EVEN IF THIS PENNSYL VANIA ORDER DOES NOT EXPRESSL Y PROHIBIT YOU FROM POSSESSING FIREARMS OR AMMUNITION, 18 U,S.c' ~922(g)(8). NOTICE TO LAW ENFORCEMENT OFFlCIAI.S The police who have jurisdiction over the plaintiffs residence OR any location where a violation of this order occurs OR where the d~fendant may be located, shall enforce this order, An arre,~t for violation of Paragraphs 1 through 3 of this order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police, 23 Pa,C,S, ~6113, Subsequent to arrest, the police officer shall seize all weapons used or threatened to be used during the violation of the protection order or during prior incidents of abuse, The Sberlff of CumberhlDd County shall maintain possession of the weapons until further order of this Court, When the defendant is placed under arrest for violation of this order, the defendant shall be taken to the appropriate authority or authorities before whom defendant is to be arraigned, A "Complaint for Indirect Criminal Contempt" shall then be completed an'! signed by the police officer OR the plaintiff, Plaintif!'s presence and signature lire not required to file the complain!. If sufficient grounds for violation of this order are alleged, the defendant shall be arraigned, bond set and both parties given notice of the date of the hearing, !." , , ',>__'iJI~,,_' _',_'- ___---'':-)0::-1' _ ,d ,.\, :1 ~~','II\;ff>>j&i~j^;,'.iiljl ~t. :;~;I~i: "J..; ,t., , i, ' ,,. ,!I, '",::>--!;,"<(';"':~", -' . ", !'il!lI;;JI~l\li1,i/illh'~~~!.'I# I,! ',' ':!', ~f1/o1~ 1//11' ,I,. ," .), ,j ,I' ~ " " .. t., ',~J\l_:;; "'J., "}, , i"i"'" ~'iI ",I . :~y~4('" , i I ~~I~! ,11:',' }f~~K}tl\:i-' l;~,\l':~,n, li~,J/~; !tl;, ,\~11,f/:,;,j :1 j ~IH(';H":i,:_\1 "'h"I,H!,.'1 -~'-l:~!:i:'j!/;';l' Ii! ,_ Jll~.;_;i\! i>' ;"1" _,;,'lfJ!,~::t{'.:') , ,\l~:ld\~'I:~+i,:;~,\ I, ','I 1,~~~il\li;';;I\! , . l~/h"l?i':',,: . . ~i';-:1'; 'f' " ,1,'1 II :'~tl.l:/l i.ii(I~"'."I,.. I' il",;,I',oJ I ~'I!k.'l\\;;!i 'I II -~_!ii".~\ Ji/..' " H'!1}"\V1(,<-"''; I !~r) ,",'-", 'I,ll;' '" ",,_,1\\'-' .' ft") ,:i;,,' ;,,:jl"!:t' i",','''.yd'' 'I d \',1, ,II :f,.d:~,l\-,II'I,:H; , ,;,',-Niq',' ,I ~l\~l.~,i'III". 'i W~:;::~r . Ii" II,', ~1;\,', ,"" H-rJ'/-' I' dj ~ i"i", 'I,! ,'I ~l}\:' ~IJ:l/' ' 11111\';', "I ~r."h'J,1' ;'y,(i_" ~Jit! ~'\?/,~}. ,- ;'j:"'\' it!! d ,'I It;!k' -'. ;-it,lJ.i\ ;:;,N"-, ,," Ii ~:\r.,"il 'I ;:'I'.J:~'/1 o1'"oI'\i" \1'/li\' ')'\1 I', /;1, ~l.",j. ': ,)l"'i)'- '"In 1';'.,-,0<:10;-'1 t'Pf'-~h i),} r '''1'.11,- r'tlt \\i.':/I II ,i\t:';',/l(:i"i' I~N\',~J'\ i_ e\l';'.'-'_ 1)';:1(" 1\1 'I' ,'I , . ....,,1. " " ....., 1\.\, OF T1r~LU) ,;J.Tr:r- "'1"',"':.'(jfIVW 2U05 01;'1' 26 ", f'd 3: "0 (, ,I " CU" " Iv:'. . I' . !.l\'. , " "111.._', Nry ,.'\ n" ,I; " ~ 5"b- OQ~ ~~~iv 'I; ,I, ,! .ill ,,' " (!t II IflfS'P. " " " f.JI /7oZK3 " , II \\l1'" 'I'-i , 'I ! ~" ~"" !, , " " (I , , , I' I, , , 'j.,j"''''''II,''-O'''''','I'' ""00"1;-,, ~t"U~".\\ '\,t;',O' .,1 ~' i,! i 1 , , I'~.l'r ' ..1 .'...'.,1.: 5. Trlllllportatlon for exchunlle of cUltody Ihllll be provided by mother or the parties other child, 6, In the event ellher parties dCllre to modify lhls IIllrllCmenl, that party may petition the Court to have the cllle alPin scheduled before the Custody Condl1lltor fl)r a Conference. BY THE COURT, CCI Marylou MIIIIIS, Esquire .~ Karl E, Romlnler, EsqUlrj #f. 1 //". 'Zl ? /~..,,~) [1 J dIlI!J,WCllerOler:-J'~: ; {) )) ,(\~ (!~l ,~, JJI6" " " " " , " , " " ~f} ',; 0" l' ('/lJ,{h """("/: " "I"'" .' " , r.:; j li:li'n"":lli~.ny 20Q6 Will 27 (1/'1 '.). '.' 6/3 CUIv'r'/;:, " ", .;1/\<'1\' ' to' ,~, I,," '" I .. ... , 'i.',I,,,\ ',I',' \ 3'..;J/,O~ .3 '.~ ") 'CJ'" .3'~'1a' , t~"I, ct?'/ ~~,/./J/ ~ <<4 4~".~~ /1c~;" .I"11''''~6/ ~" d?f, "'k~, {'~ ,Ptldt'/./ .~~. u~ .;;.(j0.~ ~. " ''I "I , , , ' " , I; , , " " , " , , " I, " . " LARALYN I>REW, Jllalntlll'lRe~pundent : IN THE COlJRT OF COMMON PLEAS OF : ClJMUEIU,AND COUNTY, PENNSYI.V ANIA v, JAMES '1', JOY, I Mendunt/Petltluner : Civil Aetlun- J.IIW : Nll, 94-1432 r.EImJ.lli,J~tM!)))Jl:'Yi1JliJl)llYAtSJJH11~mN.l'I':M 1)'1' I, Petltluner I~ JlIllle~ '1', Juy, Whll resides lit 106 Sprlnf1!huuse Ruud, ShippenshllrM, P A 17257 , 2. Re~pundentls J.lIl'11lynl>rcw, Whll resides lit 559 Newhurg I~llll.!, Shlppen~hurll, PA 17257, Cl)!JIDJ ,MDJJIIY-1JHi1l!llYDHllliB 3, On I>eeelllher 20,2005, the llonornhle Ju.!ge Wesley <lIer. Jr, entered u ('u~tudy Order nllllehed II~ Exhihit "A", 4, On Oetllher 26, 2005, Delendunt flied II Petltlun III Mlldlfy Custody IInd Illr Cuntempt, which vllcllted Ihe llrlgllHll order IIl1d thc I >ccelllher 20, 2005 court order wus enlel'l:d, 5, Since the enlry uf ~lIid Order, there hilS heenll slgnlflcunl chunge In c1rculllstunce~ Inthlll: II) Rc~p,)Jldent hus Ihiled tOllhlde hy the Order In Its entirety, h) Rcspllndcnl willnollet Petllllll1er see Ihe child lln schedule.! duys or uny ulher tillie, e) Rc~pl)Jldel1lls Iellvlng Child ulonc und in cure of hcr 1 H ycur old Slln. 6, The hllstlnleresl Mille chll.!ren will he served hy the ('llurtllllldlfylng suld Order, I, , I , i, I' ;il "r'. ., " " WHEREFORr., 11~lltilln~r pruys Ihis CllllrllO IImnl sllbsluntlul purliul phY81~1l1 ~USllllJy und lime to lalher, I\lllnll with II sel hllliduy seh~dule for th~ purtles lllllbide by, COI}l'IIl1 Ullil1iMll 7, Thullln Decembcr 20. 200S, lh~ Ilonorllble JlIdl!~ W~sley Oler, Jr, ~nler~d II CUsllldy Ord~r IIwurdlnl! I'etltioner with p~riods of t~'lIlporury physicul custody of the IIllnllr child liS li,II11WS: On IIlternutlnl! weekends Ihull Suturduy lit I O:OOU,IIl, until Sunduy III 8:00p,m. A lrue und ellrreet ellpy of the Order is 1I11uched to this I'etillon us Exhihlt "A". 8. Respondenl, Lurulyn Drew hus lulled to uhlJe hy the Order in Its enlirety, 9. In purticulur, Resplmdenl wlllnotlell'etltloner see the child llIl scheduled dllYs llr uny lllher llllle. 10. The l{esPlll1dentls otherwise unwilHnl! tOllhlde hy the Order inl!eneml, und hilS nil Inlereslln Iileilltullnl! I'etllhmer's relulilll1ship v.lth Ihe child, II, I'~tillllnllr Is entitled 1lI11110ther upplllprlule relief to he dlllerllllned hy lh~ Cllurt, WHEREFOR!:, I)~tltlun~r MIU~KIK thut thlK IlunurulJl~ Cuurt Ilnd th~ R~Kpllnd~nt In cllntCl1lpt Ill' 0 CllUrt Order and Ilrunt nil prup~r und JUKt rcli~l: includlnlll1luk~-up tll1l~ ond utturncy 1i:~K rCllurdinll this P~titlun, R~Kpccll\Jlly Kubl1ll11~d, ROMINm:R, BA YU:V " WHARF. ootc:? - 22- ~ ( ".- J.,__,. /- KUri'l;,I{I;iili'll'g~r,.iHquTr;:---"-- I ss Suuth J hlllllwr Stn:~t Corlislc, PA 17013 (717) 241-6070 Supr~l1lc Cuurt Jl) # K 1'124 ^ttllrn~y lilr [)~Ii:ndollt " " " , , ' " , , , ' , I I " . I,AR.U VN DREW (rormerly tARAL VN I IN THE COURT OF COMMON PU:AS OF JOV). I CUMBERl.AND COUNTY, PENNSVI.V ANIA Plaintiff I : v I CIVil. AC'I'ION .1.AW I JAMES T, JOY. I NO, 94.1432 Defendanl I IN CUSTODY " I ,'1, 'I;r , I , , , i \,.," Prior Judlel J. Wesley Oler , CONCIJ,IATlON CONFERENCE SUMMARY UPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 19I!,3-8(b), tbe undenlaned Custody Con~Wator submJta thll roUowlna repOrt: , t ) :1 I, Tbe pertinent Inrormallon pertalnlna to Ibe ~bUd who ia tbe subject or tbls Utl18t10n ia u rouows: Katherine Joy, born May 13, 1990. 2, A Con~WatloD Conrerence was held on December 20, 20005, wltb tbe roUowln1 individuals In attendance: Tbe mOlber, Laralyn Drew, with ber counsel, Marylou Matal, Esquire, and tbe fatber, Jam.. T. Joy, wltb hia counsel, Kilrl E. Romlnler, Esquire, 3. Tbe parties aJl'ft to tbe entry of an Order In the form III attached. t'.. ::>0.. ()S"" -'-- DATE I' 1 .... LARAl.YN DRt:W, PI.lnllrr I IN 1'f1t: COURT 0.' COMMON PUMl 0.' I CUMUF.Rl,ANI) COlJN'J'Y, 1'F.NNSYI.V ANlA I I N().94.1431 CIVIL ACTION . LAW I I IN CUS1'()I)V I VI, JAMES '1', JOV, J).fend.nt Prior Judafl The Ilonllr.ble J, Wtlley Oler, Jr. (;O~~Il.'~lW~ '~mt"t;t.u.:~S;F. SlIMMABY BEP08I IN ACCORJ)ANCt: Wl'fIJ nit: CUMUERI.ANl) COUNTY CIVIL RULE OF PROCEDURE 19IU-8(h), the undenlaned Custody Cllndll.tor submits the fllllowlna nportl I, Tbe pertlnentlnform.tlon pertlllnlna to the ehlld who is the subjed of Ihls IItlallllon Is liS MlowSI Klltherlne Joy, born MIlY 13,1990 2. A Coneillllllon Conferel'ee WIIS held on MIlY 26. 2006 with the followlna IndlvldulIls In IIttendllneel The Ml)ther, L,lIrlllyn Dnw, with her eounsel, Mllrylou Mlltlls, Esquire The Fllther, Jllmes T. Joy, with his el)unsel, Kllrl E, Romlnaer, Esquire 3, The pllrtles were before the Conellllltor IlIst I)eeember It whleh time there was In Order entend alvlna Mother prlmllry eustody Ilnd Fllther periods of temporllry eUltody. Fllther hilS now petllloned the Court to aet It I minimum I 80-50 eustodla1 Ilrrllnaement based upon whit he believes to be the preferenee of the ehlld. The ehlld Is 16 yelln old Ilnd In 10'. arllde, 4, The Mother sUaaelts thlltthe dlluahter does not relllly wllntto ao live with the Old, Ilnd the Mother Is s..klna IIttomey's fees on II I'etltlon for Speehd Relief billed upon whit she believes to be a npellt performllnee from the I)eumber eonellllltlon when the Fllther enenlllllly nled the slime I'etlllon, 8. The pllrtles rare unllble to relleh IIn Ilareement Ilnd II hellrlna Is required, The Coneilllltor reeommends Iln Order In the form III Ilttaehed, Dlltel June 11--, 2006 ..Ii t/ ,\ /, h , ..', . , ,I , 'Ir: '\ \i; I" ARAL YN DREW, IN THE COURT OF COMMON PLEAS OF CUMBERLANO COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiff v, AMES T, JOY, NO, 00-1441 IN CUSTOOY CIVIL TERM Defendant AHOVlER TO DEFENDANT'S PET,TION TO MODIFY CUSTODY ~NO PETITION FOR CONTEMPT 1, Admitted 2, Admitted In part and denied In parI. II Is ad milled that Respondent Is Laralyn Drew, II Is denied that Respondent resides at 669 Newburg Road. Shlppensburg. Pennsylvania, By way of further response, Respondent resides at Ge9 Newburg Road, Sl1lppensburg, Pennsylvania CQUNT ONE ANSWER TO DEFENDANT'S PETITION TO MODIFY 3, Admitted, 4, Admitted ill. l6wro,HIIIh,\'"'' (',,11.1., PA 5, Denied, Ills denied that since the entry of said Order there has belln a significant change of circumstances In that: a, It Is denied that Respondent has failed to abide by the Order In Its entirety, Petitioner has failed to plead this allegation with any specificity, Specific proof thereof Is demanded at trial, b, Denied, Ills denied that Respondent will not let Petitioner see the child on scheduled days or any other times, Specific proof thereof Is demanded at trial. By way of further response, the child has visited with her father on his scheduled alternating weekend periods of custody since the entry of the prior Order. I.' '" c, Admitted, By way of furlhtlr response, the child Is sixteen years of age and capable of providing care for herself for brief periods of time, Any Infllrence, however, that Respondent is 11Iavlng the child alone or In the care of her eighteen year old son for extended periods of time Is specifically denlod, 6, Denied, It Is specifically denied thai the best Interest of Ihe children will be served by modifying said Order, Specific proof thereof Is demanded at trial. WHEREFORE, Respondent rllquests this Honorable Court to deny Petlllonllr's quest for a modification of tha prior Order, ~9U~T II ANSWER TO DEFjiNDANT'S PETITION FOR CONTEMPT 7, Admllled, 6, Denied, It Is denied that Respondent has failed to abide by the Order In Its entirety, Petitioner has failed to plead this allegation with any specificity, Specific proof thereof Is demanded at trial. 9, Denied, Ills denlnd that in parllcular, Respondent will not let Petitioner ~'j ~. 26 WtI.lIlrJ1 Sir'" C"II.I"PA see the child on scheduled days or any other tlmo, Specific proof thereof Is demanded at trial. By way of further response, Respondent has complied with the current Order dated December 20, 2005 and the child has visited with her father on his scheduled alternating weekend periods of custody since the entry of the prior Order, 10, Denied, It Is denied that Respondent Is otherwise unwilling to eblde by the Order In general, and has no Interest In facilitating Petitioner's relationship with the child, Petitioner has failed to plead this matter with specificity, Specific proof thereof Is demandlld at trial. SAlOIS -. l6W....Ii~hS"'" (:~tlblt, PA I 11, Denied, It IS denied Ihat Pelllloner Is enlltled 10 all olher appropriate relief to be determined by the Court. Specific proof thereof Is demanded at trial. By way of further response, Petitioner has failed to plead his allegation that Respondent Is In contempt of the Order wllh !lny speclflclly, WHEREFORE, Respondent requests this Honorable Court to dismiss Petitioner', Pelltlon for Contempt and/or to deny Petitioner's request that Respondent be held In conlempt. NEW MATTER fj:TITION FOR SPECIAL ~ELIEF 12, Paragraphs 1 through 11 are Incorporated herein as If repeated In full. 13, Pelllloner has flied herein a Petlllon for Contempt, restallng the allegations contained within his Petlllon for Modification, 14, Pelllloner flied a Petition for Modification and Contempt on or about October 26, 2005, a copy of which Is attached hereto and Incorporated herein by reference as Exhibit A. 15, The allegallons contained In the within Pelltlon are the same exact allegations as those contained In the October 2005 Petition, 16, Petitioner was unable to prove the allegations at the lime of the December 2005 conclllalion conference, 17, Petitioner has failed to allege any specifiC Instances of Respondent" willful contempt of the custody Order, 16, Respondent has had to employ counsel to defend agalnsl both Petitions flied by Petitioner, verified by Petitioner, Ihe first of which was not able to be prOVAn by Petitioner at conclllallon, --- I LAAAL YN DREW. Plalnlift'lReapondent : IN THB COURT OF COMMON PLEAS OJ1 : CUMBERLAND COUNTY, PENNSYL V M'flA "i ,;;'11 " /' , v, lAMES T, 10Y, Dol'endanl/Petllioner ','1;, : Civil Action. Law : No, 94.1432 lI"" 'I';~,;I LOIllI procecdlll8s have been brouaht aplns\ you Ill1eainll you have willfully dilObIlyed an Order of Court for partial culIQdy and vislllllon, If you wish to defend aaaJnll the claim lOt forth in tho followlna PIIlOS, you may bUl are !lOt required to ftlo in writlna with tho Court your defense or obJections, Whither or not you ftle in wrilina with the Court your defenlles or obJections, you mlallppeal' in penon In Court on .J at _ o'clock _ m,. in CounroomlN _ of the Cumberland County CourthOUIIe, One CourthoUIIe Square, Culls Ie, Pennsylv.nla, IF YOU 00 NOT APPEAR IN PERSON, THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST, If the Court ftnds that you have willfully faUed to comply with its Order for cuatod~, partial custody or visitation, you may be found to be in contompt of Court and committed to Jail, fined 01 both, YOU SHOULD T AXE nus PAPER TO YOUR LAWYER AT ONCE, IF YOU JDO NOT HAW ALA WYER OR CANNOT AFFORD ONE, 00 TO OR TEl,EPHONE THE OmCE SET FORTH BELOW TO FIND our WHERE YOU CAN GET LEGAl. HELP, PeMlylvania Bar Association Lawyer Referral Service 1.800-692.737~ (PA only) or 1.717.238.671~ MlERlCANS \YI1lf DlS'uILITIES ACT OF 1m 1bI CllUrt ofCOIIIIllOII PI.. ofCWlIberlInd CoWlIy is required by law 10 comply with tbc Ameril'alll witb Diubilitl.. Am of I~, For intormatlOll about acceuibl.l'aciUllullllll relUOlllblel ICCOIIlIllOdIlIllIII available 10 dlIabled individuals bavill8 buainen before \be Court, plcue COIIWI our oIIIce, A1111111111Oftl1lltl mutt be lMdIlt Ieut 72 houn prior 10 any hClllina or bII.ine.. before Ihe '::ourt. AlIlI'IIIIpIIlIIltl mutt be nIIde at 10IIt 72 boun prlClI' 10 11II)' bearlna or !msinen before \be cowt. "011 mllll alIeIId tile lCbedu1ed conference or IIearlna, "J' ,.1- I"',": :,'(, I '.t LAIlAL\'N DREW, PlalntifYlileapondent : IN THE COURT Of COMMON PLEAS 011 : CUMBBRLA.NI> COUNTY, PENNSYLVANIA ',.1 j,I~I" v, JAMBS T. JOY, DeftndantlPetltloner : Civil Al;tion. Law : No 94.1432 'i, l " "I:' , IIi!' AND NOW, this _ day of _, 2005, the Court hereby I.au. a Rule upon ~dent to Show CauH why a Findina of Civil Contempt should not be made and the relief requated mould not be granted, Said Rule i. returnable within __. day. of the .late of this Order, By the Court, Iii 1. Distribution ~yn Drew Karl !, lonIinpr. 8114111... , , " " , , , " ! ~/lMl"" " ' ".\ ., t I,' LAIlAL YN DUW, PlaintltJ~apondent : IN TIlE COUllT OF COMMON PLBAS Of : CUMBERLAND COUNTY, PENNSVL V A:.IiIA v, JAMBS T, JOY, eefendant/Potitioner .' , !" '.,J ,.' "' .''\ r'l ~~,~ ,: ,i\"'1 -.~I \ r,l (.1' : Civil Action. Law : No, 94-1432 (q PJlTITION TO ~ODijlY CUSTODY f.ND FOR CONTEMPT '. ,"t ..,,, I. petitioner Is James T, Joy, who resides at 106 Sprinahouse Road. Shlppen1burl, P/\' ",.,J, c:.. 17257, 2, Respondent Is walyn Drew, who realdolat 559 NewburlRoad, Shlppon1bura. P\\ 17257, COUNT I tdODlFY CUSTODY ORDER 3, On May 30, 1997. tho Honorable Judp Wesley Oler, Jr, entered a ClJItOdy Order attaehod II Exhibit" A", 4, On July 25, 2005, the Honorable Judie Guido entered a Final Protection ordor onlbehalf oftbe Respondent, attached u Exhibit "8", 5. Since the entry of IIaId Order. there hu been a lillnlftcant chanae In circum..anc" In tbat: a) Respondent hu failed to abide by the Order In its entirety, b) Respondent will not let Petitioner see the child on scheduled days or any 'llher time, 6 The beat IntereSt of the childrell will be served by the Court modliYlna said Order, i " ." LAIlALYN DREW, PlaIntlft'lR.eaponclent : IN THE COURT OF COMMON PLEAS OF" :CUMBBRLANDCOUNTY.Pl!NNSYLV~A v, JAMES T, JOY, DtfendantlPetitloner : Civil Action. Law : No, 94.1432 tI'1VICA'R 0' SIRVlCE l,lWI E, Romlnaer. Elquire, attorney for petitioner, do hereby certllY thaI ~ this day . lIIMCla copy of the Petition to ModilY and Contempt upon the foUowllli by depolitllll urn. In the United States Mall, first cius postqe prepaid, at Carlisle. Pennsylvania, addresHd u follows: Laralyn Drew 559 NewburB Road Shlppenabura. PA 17257, IUJpecttuily submitted, ROMJNGER, BAYLEY" WIlARIl Date: cJ c".. L~) ." 1/- 7~ KArl E, Rominger, Esquire 155 S, Hanover Street Carlisle, P A 17013 (717) 241-6070 Supreme Court l.D, #I 81924 Attorney for Petitioner /'~ 'I" ,. , ~ I . , " ~ IN TBB COUJ.T Of COMMON PLEAS Of CUMDIlllLAND COUNTY, .BNNSYLV ANlA CIVD. ACl10N . LAW IN DlVOJ.CB, CUSTODY NO. 94-1432 CIVIL'l'BRM LAJALYN 10Y, P\J1rIijrr/llllpGlldlnt v. IAMBS T. JOY, DefeN\lllt/Pefitioner a1J,'IOP)' AGR,1lMENT THIS AGREEMENT, made thlS/fb,y of rr"'1 ' 1997, betWf*l defendln\, lUl111 T. 10y, berelnafter father, and plaintiff, Laralyn 10y, hcnlir..J'ler Mother, CORcen\I the CIlItody of die putI.eI' chiJ.dral: A.\clU&lldel' Joy, born September 24, 1987, and lCathcrine Jby, born May 13, 1990. WHBlUlAS, Pather and Mother dealre to enter into an qreement u to the cultOd:t of die c:hildlen Illd 10 have thiI qrecment made an Order of Court, Father and Mother qree to the foUowiq: 1. Lepl Cuatody of AlelWIder Joy, qe 9, and Katherine Joy, qe 6, 1ha11 be Ihued within the meaninl of 53 Pa.C.S~A. 15301 It lOll. 2, ~ IIhal1 have primary physical custody of the c:hIldren. 3. father aha1l have periodI of physical CIIItody of the minor children accordlnlto the foUowinl: a. Bvery other weeDnd from Priday until Sunday; b. Bvery Wedneaday from 4:00 p.m. until 7:00 p.m.; b, Bltended weekenda thrOuahout the year; c. Mother Illd Pather aha1l mutually qree to other -..onable perioda of custody. 4, TIle pu1ica hereto ..rec that Pather aha1l be raponlihle for pick-up and deI1very of the children at the aarted upon times. If Mother moves outai.de of the Shlppcnlbul'l area (more than ft~ [501 mileI trom the Bonllllh of Shippenlbura), Mother and Father IhaIlJ meet CIICh other half-way between their respective homes 10 that the responlibllity for trUlpOrtatiOn Is Ihued equally between the parties, #, ,~ , , ' 6. ~ and P....IhaI1_1.h.eir pnICIIl dlff- wlIb - other out of the ~ of die cbU4ren, and IbI1I avoid makinl dilpU'llina or critlcl1 c:ommen&l wl.th fIItlIC& to _ other or Qther bIIppropria&I nmarklln the praence or or durinI convenadonl wWi lhe cblJ,dren. IN wnM!SS WBJIQ.OP, dID partIa Intend to be Icplly boun4 by the terms or thI1 qnement and have it lIIIdIlIl Order of Court. ;;;',di?;" Plaintiff ,- J:!::.n}J~ Cer&iII8d LtpllAllnl ~-' c.~ DIU M. PIIce JAlbert B. IIInI JtaIhtrIn,e C. Panon SUPIIllVISINO ATI'ORNBY Gall L SbeIIw STAPF ATTOIlNBY - MAlUC, WBIGIB AND P S 126 But Kina StJeet Sh1ppenlbura, PA 17257-1397 pAMJL Y LAW CLINIC 45 North Pitt Street CarIiIle, PA, 170\3 -('7\7) 243-2968 , ' OOD Approved and entered .. an Order or Court. Dill , ,I ./' " , , , ' Pursuant to conunt of the partiea, which docs not conatitute Defendant's admiuion to the avermenLl of abule in the petition, the following order will be entered: PlalDlIfra requ,ar for II nlllll prot,clloll order IIllrllllted, I, Defendantahall notllbuBe, stalk, hllrals, threllten or allemptto use physical force that would rellllonably be expected to cause bodily Injury to the Plaintiff or any other protected person in any place where they might be found, 1, Defendant is prohibited from having ANY CONT ACT With the Plaintiff, or lIny other person protected under this Order, at any location, including but not limited to any contaCt at Plalntifl'B school, bUSiness, or plllCe of employment. J, Defendant shall not contact the Plaintiff, or any other person protected under Ihis Order, by telephone or by any orher means, includinllthroullh third persona, 4, The followinll additional relief II granted as authorized by ~61 08 ofthe Act: _ DefeDdllllt la prllblblted frllm bllvlDIl aDY COD tact wltb PIIlIDtllrs rellltlvea alld PlalDlIlra ebildreD listed ID tbls petllloD, except aa tbe court may nnd Decellllry wltb reapeet to plrtlal custody aDd/or vlaltatloD wltb tbe mlDllr cblld/ren, . DefeDdllntsball Dot damllle Ilr destroy IDY prllperty owned Jllllltly by tbe partie.' or lolely by tbe Plalntlrr. . DefeDdaDt sbail have custody FrldlY at 4:00 p.m, until Sunday It 1:00 p,m. balllDDlnll June 17. 100S IDd contJDulnll on alternratlDIl week.ends tberllfter until furtber Ilrder from tbe custody court, All excbanlles sblll tlke pllce It tbe McDODllda aD Klnll Street In SblppeDsburll and wiD be facilitated by a tblrd plrty neutrll, 5, A ccrlllied copy of this Order shall be provided to the police department where Plaintirr resides and any other Igency specified hereafter: Pennsylvlnlra State Pollee- Clrllsle 6, THIS ORDER SUPERSEDES: I, ANY PRIOR ORDER RELATING TO CHILD CUSTODY 7, All provisions of this order shall expire on: Janullry 15, 2007 NOTlCF, 1'0 THE DEFENDANT VIOLA TIO[\; OF THIS ORDER MA Y RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF tIP TO S I,QOO AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS, 23 PA,c.S ~6114 VIOLATION MA Y ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENAl.TIES tINDER THE PEr.'NSYL VANIA CRIMES CODE THIS ORDER IS ENFORCEABLE IN Al.L FIFTY (50) STATES, THE DISTRICT OF COL.UMBIA, TRIBAL LANDS, U,S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U,S,C, ~2265, IF YOU TRAVEL OUTSrDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAYBE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT, 18 U,S,C 9~2261.2262 IF YOU POSSESS A FIREARM OR ANY MIMUNITION WHILE THIS ORDER IS IN EFFECT, YOU MA Y BE CHARGED WITH A FEDERAL OFFENSE EVEN IF THlt PENNSYL VANIA ORDER DOES NOT EXPRESSL Y PROHIBIT YOU FROM POSSESSING FIREARMS OR AMMUNITION, 18 U,S,C. 9922(g)(8) NOTICE TO LAW ENFORCEMENT OI;FICIALS Thc police who have jurisdiction over the plaintiffs rcsidcnce OR any location where a violation of this order occurs OR where the defendant may be located, shall enforce this order. An arrest for violation of Paragraphs 1 through 3 of this order may be without warrant, based solely on probable cause, whether or not the violation is committed in the prosence of the police, 23 Pa,C,S, ~6113, Subsequent to arrest, the pohce oftlcer shall seize all weapons used or threatened to be used during the violation of the protection order or during prior incidents of abuse, The Sberlft or Cumberland CouDty shall maintain possession ofthe weapons until further order of this Court, When the defendant is placed under arrest for violation of this order, the defendant shall be taken to the appropriate authority or authorities before whom defendant is to be arraigned, A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR the plaintiff. Plaintlffs presence and signature are not required to file the complaint. lfsufficient grounds for violatlon of this order are alleged, the defendant shall be arraigned, bond set and both parties given notice of the date of the hearing, ~ I verify that the statemants made In the foregoing document are true and orrect. I understand that false statements herein are made subject to the enalties of 18 Pa, C,S, ~4904, relating to unsworn falsifications to authorities, ate~~2 ':;; -' w',." ~ "'J ..- ~-=:::1t-llA~ , espondont '- ~ ~.:a"..... Laralyn Dr " tJ , , , , " , , , ,I I I !, , .. 16 w...lIlaJ1 Suu, C.~I.lr,M " , " , , II' '\ " , " WII.f.lQAU~ I hereby certify that on this 25th day of May, 2006, a true and correct copy f the foregoing document was served upon the party listed below, via First Class all, postage prepaid, and by Facsimile, addressed as follows: Karl E, Rominger, Esquire 1/55 South Hanover Street Carlisle, PA 17013 Fax: (717) 241-6676 " , , " " , ' , ill. 26 Wut tUah Strut C.rit.lr,rA , " , ! , . i I' II.',:', ,',i'I;.'., " J; ":I ,,\I , ,./!i ;' i,' l(jl 'j_I-' -",,' 1 : ,_ "'l'~ '1;1 ,~..' "JH"I.,,-;\I/)!J\'{/,i-III,I/, .,,,1,\1,1 1','lj 'I '"II/!! ,,' _ ' 'I' ';'i,!~i>':,j!,;fU-\j;I~(~jM~b'; i'hl ',I " H' " I', , T~Jf ;._.......,.lJ..........____.-tt-IlM~~...i.--.....;..,~.. ~...;;..,J__,,,..__-' CF FIL[:I',.r;mCE THE r{!,I)11 '(:~:()T^nY 20% 11,\ Y 20 ^ll101 I G CU' :':lY I" ,(1) ,tjtJ ",,(. ~. " I" ;1 ~t ;l;;J Jr, C* , , " ~ I"~ t(J <- " I' ,"'I " 'I , , " , " ", " .\; i' " , , , , , , , , ,iI " " , ' , , " 'I; '! " ,'fli' ,1,1 Q\ LARAL YN DREW, PlaintifflRespondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY , PENNSYLVANIA v. JAMES T. JOY, DefendantlPetitioner : Civil Action- Law : No. 94-1432 PETITION TO MODIFY CUSTODY AND FOR CONTEMPT I. Petitioner is James 1. Joy, who resides at 106 Springhouse Road, Shippensburg, P A 17257 . 2. Respondent is Laralyn Drew, who resides at 559 Newburg Road, Shippensburg, P A 17257. COUNT I MODIFY CUSTODY ORDER 3. On May 30, 1997, the Honorable Judge Wesley Oler, Jr. entered a Custody Order attached as Exhibit "A". 4. On July 25, 2005, the Honorable Judge Guido entered a Final Protection order on behalf of the Respondent, attached as Exhibit "B". 5. Since the entry of said Order, there has been a significant change in circumstances in that: a) Respondent has failed to abide by the Order in its entirety. b) Respondent will not let Petitioner see the child on scheduled days or any other time. 6. The best interest of the children will be served by the Court modifying said Order. WHEREFORE, Petitioner prays this Court to grant substantial visits and time to father. COUNT II CONTEMPT 7. That on May 30, 1997, the Honorable Judge Wesley Oler, Jr. entered a Custody Order awarding Petitioner with periods of physical custody to the following: Every other weekend from Friday to Sunday; Every Wednesday from 4:00p.m. until 7:00p.m.; extended weekends throughout the year; and mother and father shall mutually agree to other reasonable periods of custody. A true and correct copy of the Order is attached to this Petition as Exhibit" A". 8. Respondent, Laralyn Drew has failed to abided by the Order in its entirety. 9. In particular, Respondent will not let Petitioner see the child on scheduled days or any other time. 10. The Respondent is otherwise unwilling to abide by the Order in general, and has no interest in facilitating Petitioner's relationship with the child. J J. Petitioner is entitled to all other appropriate relief to be determined by the Court. WHEREFORE, Petitioner requests that this Honorable Court find the Respondent in contempt of a Court Order and grant all proper and just relief, including attorney fees regarding this Petition. Respectfully submitted, ROMINGER, BAYLEY & WHARE Date: () (t 1 t.f Z Oft- I ?- Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ill # 81924 Attorney for LARAL YN DREW, Plaintiff7Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL V ANlA v. JAMES T. JOY, DefendantlPetitioner : Civil Action- Law : No. 94-1432 CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Petitioner, do hereby certify that I this day served a copy of the Petition to Modify and Contempt upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Laralyn Drew 559 Newburg Road Shippensburg, P A 17257. Respectfully Submitted, ROMINGER, BAYLEY & WHARE c/C1- Lt - Date: !/ ,0 f J '- 7----- Karl E. Rominger, Esquire 155 S. Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court I.D. # 81924 Attorney for Petitioner VERIFICATION I verify that I am the petitioner and that the statements made in the foregoing Petition 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: q-/9 -or ~\,J' ~/ James Joy ) " . ~ LARALYN JOY, Plaintiff v. JAMES T. JOY, Defendant . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . . : . . CIVIL ACTION - LAW . . . . . . NO. 94-1432 CIVIL TERM ORDER OF this ?,O ~ay of May, AND NOW, COURT 1997, upon consideration of the attached custody agreement, the terms of the agreement are herein adopted as an Order of Court. Jerry A. Weigle, Esq. 126 East King Street Shippensburg, PA 17257-1397 Attorney for Plaintiff JiliilY Law Clinic 5 North Pitt Street ' Carlisle, PA 17013 Attorney for Defendant :rc ~ " BY THE COURT, ',',I , " ,; TRUE COpy FROM RECORD In resitroony whereof, I here unto set my h,100 and tile saaI of said Court at CarllsJe, Pa. . This ~~ day ot~:1.19q 7 "'j.. n. DO'd . I..R,pf Prothonotal)' Exhibit "1\." I, .. /> ,,: ~AY' 2 7 1997 .' , LARALYN JOY, Plaintiff !Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL AcrION - LAW IN DIVORCE, CUSTODY JAMES T. JOY, DefendantJPetitioner NO. 94-1432 CIVIL TERM CUSTODY AGREF.MFNI' TInS AGREEMENT, made this /t6ay of ~ ' 1997, between defendant, James T. Joy, hereinafter Father, and plaintiff, Laralyn Joy, hereinafter Mother, concerns the custody of the parties' children: Alexander Joy, born September 24, 1987, and Katherine Joy, born May 13, 1990. WHEREAS, Father and Mother desire to enter into an agreement as to the custody of the children and to have this agreement made an Order of Court, Father and Mother agree to the following: 1. Legal Custody of Alexander Joy, age 9, and Katherine Joy, age 6, shall be shared within the meaning of 53 Pa.C.S:A. ~5301 et seq. 2. Mother shall have primary physical custody of the children. 3. Father shall have periods of physical custody of the minor children according to the following: a. Every other weekend from Friday until Sunday; b. Every Wednesday from 4:00 p.m. until 7:00 p.m.; b. Extended weekends throughout the year; c. Mother and Father shall mutually agree to other reasonable periods of custody. 4. The parties hereto agree that Father shall be responsible for pick-up and delivery of the children at the agreed upon times. If Mother moves outside of the Shippensburg area (more than fifty [50] miles from the Borough of Shippensburg), Mother and Father shall meet each other half-way between their respective homes so that the responsibility for transportation is shared equally between the parties. .....y.-'" ..-;,.".-y . .-,~, .,.. /!. .' ,," 6. Mother and Father shall keep their personal differences with each other out of the presence of the children, and shall avoid making disparaging or critical comments with respect to each other or other inappropriate remarks in the presence of or during conversations with the children. IN WITNESS WHEREOF, the parties intend to be legally bound by the terms of this agreement and have it made an Order of Court. ~L~~ Rebecca Spangle Certified Legal Intern ~C,~ omas M. Place Robert E. Rains Katherine C. Pearson SUPERVISING ATTORNEY Gail R. Shearer STAFF ATTORNEY --.<I Laralyn Joy ,.7 Plaintiff ~~~Ou De dant / eigle, Esquire I I I MARK, WEIGLE AND P S 126 East King Street Shippensburg, PA 17257-1397 FAMll..Y LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 ---{717) 243-2968 ORDER Approved and entered as an Order of Court. Date J. Wesley Oler, Jr., J. Laralyn Drew, Plaintiff : TN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYL VANIA v. James T. Joy, Defendant : No. 04-6035 : CIVIL ACTION - LAW : PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name: James T. Joy Defendant's Date of Birth: July 13, 1956 Defendant's Social Security Number: 219-70-6010 Names and Dates of Birth of All Protected Persons, including Plaintiff and minor children: 1. Names Laralyn Drew Dates of Birth May 11,1964 Plaintiff or Protected Person(s) is/are: [X] spouse or former spouse of Defendant [X] parent of a common child with Defendant [] current or former sexual or intimate partner with Defendant [] child of Plaintiff [] child of Defendant [] family member related by blood (consanguinity) to Defendant [] family member related by marriage or affinity to Defendant [] sibling (person who shares biological parenthood) of Defendant [] current or former cohabitant (person who lives with) Defendant. Defendant was served in accordance with Pa. R.C.P. 1930.4 and provided notice of the time, date and location of the hearing scheduled in this matter. AND NOW, this 25th Day of July, 2005 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Exhibit "B" Pursuant to consent of the parties, which does not constitute Defendant's admission to the averments of abuse in the petition, the following order will be entered: Plaintiffs request for a final protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten or attempt to use physical force that would reasonably be expected to cause bodily injury to the Plaintiff or any other protected person in any place where they might be found. 2. Defendant is prohibited from having ANY CONTACT with the Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiffs school, business, or place of employment. 3. Defendant shall not contact the Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 4. The following additional relief is granted as authorized by 96108 of the Act: - Defendant is prohibited from having any contact with Plaintiffs relatives and Plaintiffs children listed in this petition, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. - Defendant shall not damage or destroy any property owned jointly by the parties' or solely by the Plaintiff. - Defendant shall have custody Friday at 4:00 p.m. until Sunday at 1:00 p.m. beginning June 17, 2005 and continuing on alternating week-ends thereafter until further order from the custody court. All exchanges shall take place at the McDonalds on King Street in Shippensburg and will be facilitated by a third party neutral. 5. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Pennsylvania State Police- Carlisle 6. THIS ORDER SUPERSEDES: 1. ANY PRIOR ORDER RELATING TO CHILD CUSTODY 7. All provisions of this order shall expire on: January 25, 2007 NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT 'WHICH IS PUNISHABLE BY A FIN~ OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PACS &6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION Ac"<'D CRIMINAL PENALTIES UNDER THE PEp,'NSYL V AN1A CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C &2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU M;\ Y BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C &&2261-2262. IF YOU POSSESS A FIREARM OR ANY AMMUNITION WHILE THIS ORDER IS IN EFFECT, YOU MA Y BE CHARGED WITH A FEDERAL OFFENSE EVEN IF THIS PENNSYLVANIA ORDER DOES NOT EXPRESSLY PROHIBIT YOU FROM POSSESSING FIREARMS OR AlVIMUNITION 18 U.S.c. g922(g)(8). NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over the plaintiffs residence OR any location where a violation of this order occurs OR where the defendant may be located, shall enforce this order. An arrest for violation of Paragraphs I through 3 of this order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. g6113. Subsequent to arrest, the police officer shall seize all weapons used or threatened to be used during the violation ofthe protection order or during prior incidents of abuse. The Sheriff of Cumberland County shall maintain possession of the weapons until further order of this Court. When the defendant is placed under arrest for violation of this order, the defendant shall be taken to the appropriate authority or authorities before whom defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR the plaintiff Plaintiffs presence and signature are not required to file the complaint. If sufficient grounds for violation of this order are alleged, the defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. . BY THE COURT Date 7/:.k{/of I I /~ f:t~ [! ~ Ed ard E. Guido, Judge Entered pursuant to the consent of Plaintiff and Defendant: -;:7 ;12 ~1L~~ Laralyn Drew, Plaintiff 6~h- / " Date ~ r a:: (2 -~O -0" (-:: ,"---'lA ~c-.x.). _~\ . !-7- ""-' J es T. Joy, - \Date D' endant ~ . ~;:/ /;/~- Jessi C. Diamondstone, Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle PA 17013 '/z)~)~ Date ,'~ ) - Karl E. Rominger, Attorney for Defendant 155 South Hanover Street Carlisle PA 17013 Date Distribution to: Jessica C. Diamondstone, Attorney for Plaintiff Karl E. Rominger, Attorney for Defendant Faxed and Mailed to PSP TRUE COPY Fr:U)/if! RECOil!) In TNtlmooy WOOreo1, I ilGrt UfJio!l!lt my harl<1 and thIi. ~ . ~~.' at.~ CoirUsle Pa. flUs .;I.~ ~ . ( ~a .. >-~ Prottlon013rv ~. --J \:) ~~ (,J (::> I' '$:- .c .c. V\, '-') <<:J, 0~ o ....--"2 'j;l.- ~ ro, ? ~o ~., 1-. ~ . ',', .--, " V t,.> ~~ t' ,~ LARAL YN DREW PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA v. 94-1432 CIVIL ACTION LA W JAMES T. JOY DEFENDANT IN CUSTODY ORDER OF COURT AND NOW. __I'Iursday,!,\,ov".lTI.ber03,200S . .__. , upon consideration nr the attached COlllplaint, it is hereby dicecrcd that parties and their respective counsel appear befl".e Hubert X. Gilroy, Esq. . the coneil iator, at u 4t~Flo~r, CUlTlberl"-lIdCoullty C~urthouse, ~a..li~le on __ Thursdav, December 15, 2005 ~"-.~.- """'-..- ""'" _....~-_....._.._._---~....._-_._" -"...--.-- at 10:30 AM for a Pre-Hearing Custody' Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished. to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference mav provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Ahusc orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By _~_ _ HUQ{!rt 4...:..GiJrQJ/LI;s.<J._ __ vd Custody Conciliator r The Court of Co 111m on Pleas orCumherland County is requiced by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations availahle to disabled individuals having business bcf<Jrc the court, please contact Dur office, /\ 11 arrangements must be made at least 72 hours prior to any hearing or business betl]re the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR A HORNEY AT ONCE. IF YOU DO NOT Jill VE AN A TTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumbedand County Bar Association 32 South Bedtl)fd Stcee! Carlisle, Pennsylvania 17013 Telephone (717)249-3166 . ~ <4n/!?,# ~~~/ 7;;/ ~ /?r~ ~~ ~c7 /P Z~ 4f6; ~ \-il~ ,,;iG ~ (~:','r,Ptl " ." ',i~,:: ,'....' " :.::':,::::_~,lr,r') 11'" ;1,1'''--' I\.JJ -J; 6 \ :'(; Hd L - AOH ~OOl . ',..1" '". _c"'.',' n,: _, ,C\'".I.,4 31~-lL ~O Ao'\! !Ui-'~',ji' I-',\~'''-i-=-T I '~ . - :n~+'(.>-{l:-l ,I: 50 c. -II ~C7( II jV C)/ LARAL YN DREW, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA V. CIVIL ACTION - LAW IN DIVORCE, CUSTODY JAMES T. JOY DEFENDANT NO. 94-1432 PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOT AR Y: Please withdraw the appearance ofthe Family Law Clinic on behalf of James T. Joy, Defendant. Karl Rominger, Esq. has entered his appearance for the aforementioned party. I hereby certify that this change will not delay this proceeding to the best of my knowledge, information, and belief. Respectfully Submitted, 11/I1jz.Of),r D glas James Boorstein Certified Legal Intern ~rJ' JI /U ,.. . ()o/l/~-{ UL. mOMAS M. PLACE ROBERT E. RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 Phone: (717)243-2968 Fax: (717) 243-3639 C) c- ,._", ~:~'" C;:J {~J' ,-",\ ~'(I ~ c.::.; .......1 CO) G'I y (;t:. L:-' ,:".;","; LARAL YN DREW (formerly LARAL YN JOY), y- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff v CIVIL ACTION - LAW JAMES T. JOY, Defendant NO. 94-1432 IN CUSTODY COURT ORDER AND NOW, this 2...0 i~ day of December, 2005, upon consideration of the attached Custody Conciliation report, it is ordered and directed that this Court's prior Order entered at the above term and number on May 10, 1997 is vacated and replaced with the following Order: 1. The mother, Laralyn Drew, and the father, James T. Joy, shall enjoy shared legal custody of Katherine Joy, born May 13, 1990. 2. The mother shall have primary physical custody of the minor child. 3. Father shall have periods of temporary physical custody of the minor child as follows: a. On alternating weekends from Saturday at 10:00 a.m. until Sunday at 8:00 p.m. b. At such times as agreed upon by the parties. 4. Father shall also have custody of the minor child on alternating Holidays. For Christmas of 2005, father shall have custody from 11:00 a.m. until 6:30 p.m., with the parties alternating other holidays pursuant to the agreement of the parties. A1Ni--::~:i'. ";:':/\II1J 8~ :8 !{d 12330 SOill AtJ1/'("""" 'L'" '~'Hl '0 . i",'\'< ,.-/ , "-Vl .~. --l ........ ,-.), L \.."..'.. -" ... :JJ8JC>-0311:J 5. Transportation for exchange of custody shall be provided by mother or the parties other child. 6. In the event either parties desire to modify this agreement, that party may petition the Court to have the case again scheduled before the Custody Conciliator for a Conference. BY THE COURT, J dge J.Wesler9Jet, cc: Marylou Matas, Esquire ~ . KarlE. Rominger, Esquire /) ).).'oS ~1 .~ ]?Js- \ LARAL YN DREW (formerly LARAL YN JOY), IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v CIVIL ACTION - LAW JAMES T. JOY, Defendant NO. 94-1432 IN CUSTODY Prior Judge: J. Wesley Oler CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Katherine Joy, born May 13, 1990. 2. A Conciliation Conference was held on December 20, 2005, with the following individuals in attendance: The mother, Laralyn Drew, with her counsel, Marylou Matas, Esquire, and the father, James T. Joy, with his counsel, Karl E. Rominger, Esquire. 3. The parties agree to the entry of an Order in the form as attached. I"), :::>D.... DS-- Hu{!L'4 _;re Custody Conciliator DATE LARAL YN DREW, Plaintiff/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. JAMES T. JOY, Defendant/Petitioner : Civil Action- Law : No. 94-]432 PETITION TO MODIFY CUSTODY AND FOR CONTEMPT 1. Petitioner is James T. Joy, who resides at 106 Springhouse Road, Shippensburg, PA 17257. 2. Respondent is Laralyn Drew, who resides at 559 Newburg Road, Shippensburg, PA 17257. COUNT I MODIFY CUSTODY ORDER 3. On December 20, 2005, the Honorable Judge Wesley Oler. Jr. entered a Custody Order attached as Exhibit "A". 4. On October 26, 2005, Defendant filed a Petition to Modify Custody and for Contempt, which vacated the original order and the December 20,2005 court order was entered. 5. Since the entry of said Order. there has been a significant change in circumstances in that: a) Respondent has failed to abide by the Order in its entirety. b) Respondent will not let Petitioner see the child on scheduled days or any other time. c) Respondent is leaving Child alone and in care of her 18 year old son. 6. The best interest ofthe children will be served by the Court modifying said Order. WHEREFORE, Petitioner prays this Court to grant substantial partial physical custody and time to father, along with a set holiday schedule for the parties to abide by. COUNT II CONTEMPT 7. That on December 20,2005, the Honorable Judge Wesley Oler, Jr. entered a Custody Order awarding Petitioner with periods of temporary physical custody of the minor child as follows: On alternating weekends from Saturday at 1 0:00a.m. until Sunday at 8:00p.m. A true and correct copy of the Order is attached to this Petition as Exhibit "A". 8. Respondent, Laralyn Drew has failed to abide by the Order in its entirety. 9. In particular, Respondent will not let Petitioner see the child on scheduled days or any other time. 10. The Respondent is otherwise unwilling to abide by the Order in general, and has no interest in facilitating Petitioner's relationship with the child. 1]. Petitioner is entitled to all other appropriate relief to be determined by the Court. WHEREFORE, Petitioner requests that this Honorable Court find the Respondent in contempt of a Court Order and grant all proper and just relief, including make-up time and attorney fees regarding this Petition. Respectfully submitted, ROMINGER, BAYLEY & WHARE Date:? - 22 - Ii 6 /-~_. Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant LARAL YN DREW, Plaintiff/Respondent v. JAMES T. JOY, Defendant/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : Civil Action- Law : No. 94-1432 VERIFICA nON 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. Cons. Stat. S 4904 relating to unsworn falsification to authorities. ?>->>-Clu LARAL YN DREW, Plaintiff/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. JAMES T. JOY, Defendant/Petitioner : Civil Action- Law : No. 94-1432 CERTIFICATE OF SERVICE 1, Karl E. Rominger, Esquire, attorney for Petitioner, do hereby certify that I this day served a copy of the Petition to ModifY and Contempt upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Marylow Matas, Esquire Saidis Shuff Flower & Lindsay 26 W. High Street Carlisle, PA 17013 Respectfully Submitted, ROMINGER, BAYLEY & WHARE Date: ]-ZL-ol / // Karl E. Rominger, Esquire 155 S. Hanover Street Carlisle, PA 17013 (71 7) 24 I -6070 Supreme Court I.D. # 81924 Attorney for Petitioner . lOr~~'\D CJ\ .QN'v~ 8\:13 ~ DEe 2 c7005 LARAL YN DREW (formerly LARAL YN : IN THE COURT OF COMMON PLEAS OF JOY), CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v CIVIL ACTION - LAW JAMES T. JOY, Defendant NO. 94-1432 IN CUSTODY COURT ORDER AND NOW, this ,2() day of December, 2005, upon consideration of the attached Custody Conciliation report, it is ordered and directed that this Court's prior Order entered at the above term and number on May 10, 1997 is vauted and replaced with the following Order: 1. The mother, Laralyn Drew, and the father, James T. Joy, shall enjoy shared legal custody of Katherine Joy, born May 13, 1990. 2. The mother shall have primary physical custody of the minor child. 3. Father shall have periods of temporary physical custody of the minor child as follows: a. On alternating weekends from Saturday at 10:00 a.m. until Sunday at 8:00 p.m. b. At such times as agreed upon by the parties. 4. Father shall also have custody of the minor child on alternating Holidays. For Christmas of 2005, father shall have custody from 11:00 a.m. until 6:30 p.m., with the parties alternating other holidays pursuant to the agreement of the parties. Exhibit "A" 5. Transportation for exchange of custody shall be provided by mother or the parties other child. 6. In the event either parties desire to modify this agreement, that party may petition the Court to have the case again scheduled before the Custody Conciliator for a Conference. BY THE COURT, cc: Marylou Matas, Esquire Karl E. Rominger, Esquire . T~l1E COpy FROM RECORD ~.:'" 1'r,'''-''''~)l'''':n.l"'''''U .~."~ -. I I" ~, ~_t",:,.~Jn..'''r w:i:t;f~f);, nare unto s:n my hand ,:c.:,,/~ ~~"'~ '="_.)....1. _"'b'" ."., "." ...~ ,'!..r 'I;';;' ';"';;Q vl >,;,/J ?,our! at arliSie.lw' j','" . ",.. j ;,- .- . u ~ U ~ LARAL YN DREW (formerly LARAL YN : IN THE COURT OF COMMON PLEAS OF JOY), CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v CIVIL ACTION - LAW JAMES T. JOY, Defendant NO. 94-1432 IN CUSTODY Prior Judge: J. Wesley Oler CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: I. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Katherine Joy, born May 13, 1990. 2. A Conciliation Conference was held on December 20, 2005, with the following individuals in attendance: The mother, Laralyn Drew, with her counsel, Marylou Matas, Esquire, and the father, James T. Joy, with his counsel, Karl E. Rominger, Esquire. 3. The parties agree to the entry of an Order in the form as attached. I"), :::>D.... DS-- H.@:4...w" Custody Conciliator DATE ~'". -' 0 , -n -0,. -~.-\ 0 -~f\ ~:n t.J 0{ r:\L v >., f 1'0 V 1: \) _co - --.'- ~ ""J .. ~. 1".; ~ T) V1 .,.0 -. . c::;.:;; ~ r S- (.r, b 1~ .- -.--- LARAL YN DREW PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 94-1432 CIVIL ACTION LA W JAMES T. JOY IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, Marc,h27, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. . the conciliator, at~4tb Floor, Cumberland Connty Courthouse, Carlisle on Friday, May 05, 2006 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort wil1 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, AI1 children age five or older mav 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 tbe conciliator 48 bours prior to scheduled hearine:. FOR THE COURT. By: _/s/,_.._ Hub~rL~.Qilr.ox,gsq. Custody Conciliator / il'! ~ 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 ottiee. 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 HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WIIERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 170 I 3 Telephone (717)249-3166 . ~ ck;>>M flp ~ I"'rr 4k; "" ,.d '.n;;q: ~ 51 ff""'f "ril, Qc1 (e , ~. hw. /{ff'~;!,I#? f'tJ /jOI..CE ~7F}!V- or ,-} "d U;J'C' /;." L7\lU~Jc'(n'" 'J U.(j J:"':Jt. ::H1.:JCJ (I,nH SAIDIS, ROWER & LINDSAY ~.IAW 26 West High Street Carlisle, PA " " ARALYN DREW, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiff v. AMES T. JOY, NO. 00-1441 IN CUSTODY CIVIL TERM Defendant ANSWER TO DEFENDANT'S PETITION TO MODIFY CUSTODY AND PETITION FOR CONTEMPT 1. Admitted, 2. Admitted in part and denied in part. It is admitted that Respondent is Laralyn Drew. It is denied that Respondent resides at 559 Newburg Road, Shippensburg, Pennsylvania. By way of further response, Respondent resides at 599 Newburg Road, Shippensburg, Pennsylvania COUNT ONE ANSWER TO DEFENDANT'S PETITION TO MODIFY 3. Admitted. 4, Admitted. 5. Denied. It is denied that since the entry of said Order there has been a significant change of circumstances in that: a. It is denied that Respondent has failed to abide by the Order in its entirety. Petitioner has failed to plead this allegation with any specificity. Specific proof thereof is demanded at trial. b. Denied. It is denied that Respondent will not let Petitioner see the child on scheduled days or any other times. Specific proof thereof is demanded at trial. By way of further response, the child has visited with her father on his scheduled alternating weekend periods of custody since the entry of the prior Order. SAlOIS, FLOWER & LINDSAY ATRJIINEYSoAT.1AW 26 West High Street Carlisle, PA c. Admitted. By way of further response, the child is sixteen years of age and capable of providing care for herself for brief periods of time. Any inference, however, that Respondent is leaving the child alone or in the care of her eighteen year old son for extended periods of time is specifically denied. 6. Denied. It is specifically denied that the best interest of the children will be served by modifying said Order. Specific proof thereof is demanded at trial. WHEREFORE, Respondent requests this Honorable Court to deny Petitioner's quest for a modification of the prior Order. COUNT II ANSWER TO DEFENDANT'S PETITION FOR CONTEMPT 7. Admitted. 8. Denied. It is denied that Respondent has failed to abide by the Order in its entirety. Petitioner has failed to plead this allegation with any specificity. Specific proof thereof is demanded at trial. 9. Denied. It is denied that in particular, Respondent will not let Petitioner see the child on scheduled days or any other time. Specific proof thereof is demanded at trial. By way of further response, Respondent has compiled with the current Order dated December 20, 2005 and the child has visited with her father on his scheduled alternating weekend periods of custody since the entry of the prior Order. 10. Denied. It is denied that Respondent is otherwise unwilling to abide by the Order in general, and has no interest in facilitating Petitioner's relationship with the child. Petitioner has failed to plead this matter with specificity. Specific proof thereof is demanded at trial. SAIDIS, FLOWER & LINDSAY ~'IAW 26 West High Street Carlisle. PA 11. Denied. It is denied that Petitioner is entitled to all other appropriate relief to be determined by the Court. Specific proof thereof is demanded at trial. By way of further response, Petitioner has failed to plead his allegation that Respondent is in contempt of the Order with any specificity. WHEREFORE, Respondent requests this Honorable Court to dismiss Petitioner's Petition for Contempt and/or to deny Petitioner's request that Respondent be held in contempt. NEW MATTER PETITION FOR SPECIAL RELIEF 12. Paragraphs 1 through 11 are incorporated herein as if repeated in full. 13. Petitioner has filed herein a Petition for Contempt, restating the allegations contained within his Petition for Modification. 14. Petitioner filed a Petition for Modification and Contempt on or about October 26, 2005, a copy of which is attached hereto and incorporated herein by reference as Exhibit A. 15. The allegations contained in the within Petition are the same exact allegations as those contained in the October 2005 Petition. 16. Petitioner was unable to prove the allegations at the time of the December 2005 conciliation conference. 17. Petitioner has failed to allege any specific instances of Respondent's willful contempt of the custody Order. 18. Respondent has had to employ counsel to defend against both Petitions filed by Petitioner, verified by Petitioner, the first of which was not able to be proven by Petitioner at conciliation. SAIDIS, FLOWER & LINDSAY AI'IDIINI!YSo.(.u,w 26 West High Street Carlisle, PA 11 'I 19. Respondent has incurred attorney's fees to defend against this action and requests that Petitioner' be made to reimburse her attorney's fees incurred to process this claim, with filing fees, for a total of $1000.00. WHEREFORE, Respondent requests your Honorable Court to Order Petitioner to ay Respondent's reasonable attorney's fees and filing fees, in the amount of $1000.00. Respectfully Submitted: By: / Marylou Attorne . . No. 84919 Saidis, Flower & Lindsay 26 West High Street Carlisle, PA 17013 Attorney for Respondent ------ LARAL YN DREW, Plaintiff/Respondent : IN THE COURT OF COMMON PLEAS OJ- : CUMBERLAND COUNTY, PENNSYL V ~A v. JAMES T. JOY, DefendantIPetitioner : Civil Action- Law : No. 94-1432 NOTICE AND ORDER TO APPEAR Legal proceedings have been brought against you alleging you have willfully disobeyed an Order of Court for partial custody and visitation. If you wish to defend against the claim set forth in the following pages, you may but are not required to file in writing with the Court your defense or objections. Whether or not you file in writing with the Court your defenses or objections, you must appear in person in Court on , at _ o'clock _ m., in Courtrooml# _ of the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. IF YOU 00 NOT APPEAR IN PERSON, THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST. If the Court finds that you have willfully failed to comply with its Order for custod}1, partial custody or visitation, you may be found to be in contempt of Court and committed t()) jail, fined or both. YOU SHOULD TAKE TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU]))O 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.. Pennsylvania Bar Association Lawyer Referral Service 1-800-692-7375 (pA only) or 1-717-238-6715 AMERICANS WITII DISABILITIES ACT OF 1990 The Court of Common Pleas of Cwnberland County is required by law to comply with the Americans with Disabilities 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 ':ourt All anangements must be made at least 72 hours prior to any bearing or business before the court. '7' ou must attend the scheduled conference or hearing. !' LARAL YN DREW, Plaintiff/Respondent : IN TIlE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL V AJ"ilA v. JAMES T. JOY, DefendantlPetitioner : Civil Action- Law : No. 94-1432 RULE TO SHOW CAUSE AND NOW, this _ day of ,2005, the Court hereby issues a Rule upon Respondent to Show Cause why a Finding of Civil Contempt should not be made and the relief requested should not be granted. Said Rule is returnable within _ days of the date of this Order. By the Court, 1. Distribution: LaralynDrew Karl E. Rominger, Esquire LARALYNDREW, PlaintiffJRespondent : IN THE COURT OF COMMON PLEAS OF! : CUMBERLAND COUNTY, PENNSYL V ~'fiA r- _~ o ( "), -\ o -n .--1 f:~~ v. JAMES T. JOY, DefendantlPetitioner : Civil Action- Law : No. 94-1432 ro, '". _J eJ' f'.) (j"'l PETITION TO MODIFY CUSTODY AND FOR CO~T .... I '- "'l 1. Petitioner is James T. Joy, who resides at 106 Springhouse Road, Shippensburg, .p-~\. ..., c\ ..1 17257 . 2. Respondent is Laralyn Drew, who resides at 559 Newburg Road, Shippensburg, P"\ 17257. COUNT I MOOlFY CUSTODY ORDER 30 On May 30, 1997, the Honorable Judge Wesley Oler, Jr. entered a Custody Order attached as Exhibit" A". 4. On July 25, 2005, the Honorable Judge Guido entered a Final Protection order onlbehalf of the Respondent, attached as Exhibit "B". 5. Since the entry of said Order, there has been a significant change in circumstances in that: a) Respondent has failed to abide by the Order in its entirety. b) Respondent will not let Petitioner see the child on scheduled days or any other time. 6. The best interest of the children will be served by the Court modifying said Order. WHEREFORE, Petitioner prays this Court to grant substantial visits and time to father. COUNT IT CONTEMPT 7. That on May 30, 1997, the Honorable Judge Wesley Oler, Jr. entered a Custody Order awarding Petitioner with periods of physical custody to the following: Every other weekendlfrom Friday to Sunday; Every Wednesday from 4:00p.m. until 7:00p.m.; extended weekends throughout the year; and mother and father shall mutually agree to other reasonable periods of custody. A true and correct copy of the Order is attached to this Petition as Exhibit "A". 8. Respondent, Laralyn Drew has failed to abided by the Order in its entirety. 9. In particular, Respondent will not let Petitioner see the child on scheduled days or any other time. 10. The Respondent is otherwise unwilling to abide by the Order in general, and has no interest in facilitating Petitioner's relationship with the child. 11. Petitioner is entitled to all other appropriate relief to be determined by the Court. WHEREFORE, Petitioner requests that this Honorable Court find the Respondent in contempt of a Court Order and grant all proper and just relief, including attorney fees regarding this Petition. Respectfully submitted, ROMINGER, BAYLEY & WIlARE Date: () (f 2 if 101/ / ? - Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, P A 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for LARAL YN DREW, Plaintift7Respondent : IN THE COURT OF COMMON PLEAS OF; : CUMBERLAND COUNTY, PENNSYL VANIA v. JAMES T. JOY, DefendantlPetitioner : Civil Action- Law : No. 94-1432 CERTIFICATE-oF-sERVlCE I, Karl E. Rominger, Esquire, attorney for Petitioner, do hereby certify that i this day served a CQPY of the Petition to Modify -and -Contempt upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Laralyn Drew 559 Newburg Road Shippensburg, P A 17257. Respectfully Submitted, ROMINGER, BAYLEY & wlIARE Date: cJ C-r L ~jfJlr "- 7--- K8rl E. Rominger, Esquire 155 S. Hanover Street Carlisle, P A 17013 (717) 241-6070 Supreme Court I.D. # 81924 Attorney for Petitioner VERIFICATION I verify that I am the petitioner and that the statements made in the foregoing Petition 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: q-/9 -OS- ~~~~f ~/ . '" . . IN 'rBE COtJRT OF COHHON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LARALYN JOY, Plaintiff . . . . v. . . . . JAMES T. JOY, Defendant . . . . NO. 94-1432 CIVIL TERM ORDER OF COURT AND NOW, this $o~ay of May, 1997, upon consideration of the attached custody agreement, the terms of the agreement are he~ein adopted as an Order of Court. BY THE COURT, Jerry A. Weigle, Esq. 126 East King Street Shippensburg, PA 17257-1397 Attorney for Plaintiff ~' "ly Law Clinic 5 North pitt Street ' Carlisle, PA 17013 Attorney for Defendant po- :rc '~ \ , -) TR~E COPY FROM RECORD In T~ whereof, I here unto set myh<<lnd ~ me ~ of $aid Court at CarlisHt, ~. . This 't.r ~ of~:". '199 .1 ..d. 0_ 'D._~ ~ I J Prothonotary Exhibit "A" 101 . . ~ . ,~. ,~:-=--'" 7 ./ ~~! ,'~~' . ";",\/ I, (; )11:=.;.,.) \Or ...... ...-/7 \~ \...~. ./ /1 i 1 __.. _.-' l-_ '- /' ". ~ . . . . .-: v. . . IN THE COURT OF COMMON PLEAS OF etJMBERLAND COUNTY, pBNNSYL VANIA. CIVIL ArnON - LAW IN DIVORCE, CUSTODY NO. 94-1432 CIVIL TERM LA.RAL YN JOY, PlaintiffJRespOlldent JAMES T. JOY, Defendant/petitioner CUSTODY AGllllRMENT THIS AGREEMENT, made diis Ifhy of rr"'J ' 1991, ~ defendmt. James T. Joy, hereinafter Father, and plaintiff, LaIalyn Joy, hereiD-fter Mother, concerns the custody of the parties' children: AIexandcr Joy, born September 24, 1987, and Katherine Jby, born May 13, 1990. WHEREAS, Father and Mother desire to enter into an agreement as to the custod~, of the children and to have this agreement made an Order of Court, Father and Mother agree to the following: 1. Legal Custody of Alexander Joy, age 9, and Katherine Joy, age 6, shall be shared within the meaning of 53 Pa.C.S:A. 15301 et seq. 2. ~ther shall have primary physical custody of the children. 3. Father shall have periods of physical custody of the minor children according to the following: a. Every other weekend from Friday until Sunday; b. Every Wednesday from 4:00 p.m. until 7:00 p.m.; b. Extended weekends throughout the year; c. Mother and Father shall mutually agree to other reasonable periods of custody. 4. The parties hereto agree that Father shall be responsible for pick-up and delivery of the children at the agreed upon times. If Mother moves outside of the Shippensburs area (more than fifty [50] miles from the Borough of Shippensburg), Mother and Father sba11Jmeet eacb other balf-way between their respective bomes so that the IeSpODSibility for transportation is shared equally between the parties. ,... ~,'ii ". , . . . 6. Mother and Father sba1l keep their prmmal differences with each other out of the pIeselIC" of 1be cbihIn:n. aud sbaIl avoid making disparaging or critic:a1 Cl)IIIlIIl:IIlS with teS!JllCI 10 each other or other iDapp1'lI!IriaI n:marb in the pIeselIC" of or duting conversaDons wi1II tile cbihIn:n. IN WITNESS WHEREOF, the parties intend to be legally bound by the terms of this agreement and have it made an Order of Court. L~~ Certified Legal Intern ~C.~~ omas M. Place Robert E. Rains Katherine C. Pearson SUPERVISING ,ATIORNEY Gail R. SheaIer STAFF ATIORNEY - _____ 4 LaIalyn Joy Plaintiff ~~~6ro: J T. Joy D d3nt /' FAMILY LAW CLINIC 4S North Pitt-Street Carlisle, PA. 17013 -(717) 243-2968 ORDER Approved -3Ild entered as an Order of Court. Date J. Wesley Oler, Jr., J. Laralyn Drew, Plaintiff : IN THE COURT OF COMM:ON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYL V ANlA v. James T. Joy, Defendant ~ No. 04-6-035 : CIVIL ACTION - LAW : PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name: James T. Joy Defendant'-s Date of Birth: July 13,-1-956 Defendant's Social Security Number: 219-70-6010 Names and Dates of Birth of All Protected Persons, including Plaintiff and minor children: 1. Names Laralyn Drew Dates of Birth May 11, 1964 Plaintiff or Protected Person(S) is/are: [X] spouse or former spouse of Defendant [X] parent of a corrunon child with Defendant [] current {)r-formersexualor intimate p:utnerwitlLDefendan! [] child of Plaintiff [] child of Defendant [] family member related by blood (consanguinity) to Defendant [] family member related by marriage or affinity to Defendant [] sibling (person who shares biological parenthood) of Defendant [] current or former cohabitant (person who lives with) Defendant. Defendant was served in accordance with Pa. R.C.P. 1930.4 and provided notice of the time, date and location of the hearing scheduled in this matter. AND NOW, this 25th Day of July, 2005 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Exhibit "B" pursuant to consent of the parties, which does not constitute Defendant's admission to the averments of abuse in the petition, the following order will be entered: Plaintiffs request for a final protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten or attempt to use physical force that would reasonably be -expected to -cause bodily -injuryte the -Plaintiff or any other protected person in any place where they might be found. 2. Defendant is prohibited from having ANY CONTACT with the Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiffs school, business, or place of employment. 3. Defendant shall not contact the Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 4. The following additional relief is granted as authorized by 96108 of the Act: _ Defendant is prohibited from having any contact with Plaintiffs relatives and Plaintiffs children listed in this petition, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. _ Defendant shall-notdamageor -destroy any pl"operty.ow-ned -jGindy by the parties' or solely by the Plaintiff. _ Defendant shall inwe-custodyFrid-ay -at 4:OOp;m.-until Sttndayat 1 ~6 p.m. beginning June 17,2005 and continuing on alternating week-ends thereafter until further order from the custody court. All exchanges shall take place at the McDonalds on King Street in Shippensburg and will be facilitated by a third -party-neutral. 5. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Pennsylvania State Police-Carlisle 6. THIS ORDER SUPERSEDES: 1. ANY PRIORORDElt RELATING TO CHILD -CUSTODY 7. All provisions of this order shall expire on: January 25, 2007 NOTICE TO THE DEFENDANT VIOLA TION OF THIS ORDER MA. Y RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRThtIINAL CONTEMPT \VHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF lIP TO SIX MONTHS. 23 PA.C.S. 96114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION fu~ ClillvIINAL PENAL TIES UNDER THE PE~'NSYL VANIA CRINIES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFty (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMON-wEAL TH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.c. 92265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE TIDS ORDER, YOU MA.. Y BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C ~S2261-2262. IF YOU POSSESS A FIREARM OR ANY AMMUNITION WHILE THIS ORDER IS IN EFFECT, YOU MAYBE CHARGED WITH A FEDERAL OFFENSE EVEN IF THI~ PENNSYL VANIA ORDER DOES NOT EXPRESSL Y PROHIBIT YOU FROM POSSESSING FIREARMS OR AMMUNITION. 18 U.S.c. g922(g)(8). NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over the plaintiffs residence OR any location where a violation of this order occurs OR where the defendant may be located, shall enforce this order. An arrest for violation of Paragraphs 1 through 3 of this order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. 96113. Subsequent to arrest, the police officer shall seize all weapons used or threatened to be used during the violation of the protection order or during prior incidents of abuse. The Sheriff of Cumberland County shall maintain possession of the weapons until further order of this Court. Vlhen the defendant is placed under arrest for violation of this order, the defendant shall be taken to the appropriate authority or authorities before whom defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR the plaintiff. Plaintiffs presence and signature are not required to file the complaint. If sufficient grounds for violation of this order are alleged, the defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. BY THE COURT '1/ ;J,,{ /6 i " , I~ [J',--d [! )Lj.. Ed ard E. Guido, Judge Date Entered pursuant to the consent of Plaintiff and Defendant: -=<?'~ -2)_____ Laralyn Drew, Plaintiff 6~r- / Date ~ r~~ )0'0'1'- A-:>A \c-:X..}. ,.-( ~, ~ J es T. Joy, ate D endant .' ,'~ / Jessi C. Diamondstone, Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle PA 17013 , ,hJ~j- Date ~ Karl E. Rominger, Attorney for Defendant 155 South Hanover Street Carlisle P A 17013 Date Distribution to: Jessica C. Diamondstone, Attorney for Plaintiff Karl E. Rominger, Attorney for Defendant Faxed and Mailed to PSP !RUE COPY FROM RECORU 1ft IIItimony _<<eat. I hor;llUnio set my hand and IhI .. III said ~ Cartil Pa. !1liI Q . ~ .. ~a ~ L,.~ Pmthono1arv SAIDIS, FI.OWER & LINDSAY ~.IAW 26 West High Street Carlisle, PA VERIFICATION I verify that the statements made in the foregoing document are true and orrect. I understand that false statements herein are made subject to the enalties of 18 Pa. C.S. 94904, relating to unsworn falsifications to authorities. ate~.2.~ .:2 o~ -- L~'. . ~~ '-uz,.,..------ Laralyn Dr , espondent SAlOIS, FLOWER & LINDSAY ~'1AW 26 West High Street Carlisle, PA CERTIFICATE OF SERVICE I hereby certify that on this 25th day of May, 2006, a true and correct copy the foregoing document was served upon the party listed below, via First Class ail, postage prepaid, and by Facsimile, addressed as follows: I . Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 Fax: (717) 241-6878 ~ ~ ~ ~ ~ ........ ~ -..J {j '0- W\ ~ ~ ~ ~ ~ \' t') ~; (~~ ";) c..... o -T1 :r., n1- f- ;~'~ [::3 (~]~ ZO cjrn :--4 ,;> ~ -,.. -~,-",.. -.. ...,_"'\> -< r" 0'1 :;.:. _.-". -,.,;""" '7/ en LARAL YN DREW, Plaintiff JUN J 6 2006 : IN THE COURT OF COMMON OFc_f_ J CUMBERLAND COUNTY, PENNSYLVANIA ,.", --~ ~I I' )~ I ( ... vs. : NO. 94-1432 CIVIL ACTION - LAW JAMEST.JOY, Defendant IN CUSTODY COURT ORDER AND NOW, this 2.:' r.1 day of June, 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Courtroom No.1 ofthe Cumberland County Courthouse on the ;l3ft.l1 day of Outu1' , 2006 at q ~ ,:50 ....f2,,;o m. At that hearing, the Father shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall rile with the Court and opposing counsel a Memorandum setting forth the history of custody in this case, the issues currently before the Court, a list of witnesses who will be called to testify at the hearing and a summary of the anticipated testimony of each witness. This Memorandum shall be flied at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, this Court's prior Order of December 20, 2005 shan remain in effect. BY THE COURT, cc: ~rylou Matas, Esquire .,Karl E. Rominger, Esquire ~ '>1~ \ ~h 1~6 M..- 0\9 ~ ~'3 t) '" -j LL~l} r!:.: t.u :) " C'i ~~/5 ;;::;;.. "" \ ,~ - ~ ~'--. . - Cl... C::l (\j ""~.. ) ) ',1.1 "tl. .,,; (,) . LARALYNDREW, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 94-1432 CIVIL ACTION - LAW JAMES T. JOY, Defendant IN CUSTODY Prior Judge: The Honorable J. Wesley Oler, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CML RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Katherine Joy, born May 13, 1990 2. A Conciliation Conference was held on May 26, 2006 with the following individuals in attendance: The Mother, Laralyn Drew, with her counsel, Marylou Matas, Esquire The Father, James T. Joy, with his counsel, Karl E. Rominger, Esquire 3. The parties were before the Conciliator last December at which time there was an Order entered giving Mother primary custody and Father periods of temporary custody. Father has now petitioned the Court to get at a minimum a 50-50 custodial arrangement based upon what he believes to be the preference of the child. The child is 16 years old and in 10th grade. 4. The Mother suggests that the daughter does not really want to go live with the Dad, and the Mother is seeking attorney's fees on a Petition for Special Relief based upon what she believes to be a repeat performance from the December conciliation when the Father essentially filed the same Petition. 5. The parties are unable to reach an agreement and a hearing is required. The Conciliator recommends an Order in the form as attached. Hubert X. ilroy, Esquire Custody onciliator Date: June 11-, 2006 LARAL YN DREW, Plaintiff v. JAMES T. JOY, Defendant 1 , ' .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94-1432 CIVIL TERM ORDER OF COURT AND NOW, this 27th day of June, 2006, upon consideration of Defendant's Petition To Modify Custody and Petition for Contempt, and of Plaintiffs Answer to Defendant's Petition To Modify Custody and Petition for Contempt, a hearing is scheduled for Wednesday, August 23, 2006, at 9:30 a.m., in Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania. ~ylou Matas, Esq. Attorney for Plaintiff ~E. Rominger, Esq. ..l Attorney for Defendant :rc BY THE COURT, ,~ o ~'!3 () - 8il .;;:1 'r_., PI l ',I n'; {)I.... 1(' i; AS OF CASE# - HAS BEEN SCANNED. ALL EARLIER FILINGS TO THIS CASE HAVE BEEN MICROFILMED. ....\.,.t\. . 8, f\ ..!i QJ'~J .,. 0 l'~~1"; +it l'\ \ ,,', ".,. t "'.., Iw' ,1'.,,' . ".."." l;I l '1;' .,. II I RECEI'lEI) ! AUG ? " ~OUb BY: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ARAL YN DREW, Plaintiff v. : CIVIL ACTION - LAW S T. JOY, : NO. 94-1432 CIVIL TERM : IN CUSTODY Defendant PRE-HEARING MEMORANDUM AND NOW, comes PlaintitI, by and through her counsel, SAIDIS, SHUFF, OWER & LINDSAY, and respectfully submits her Pre-Hearing Memorandum as I. BACKGROUND: The parties hereto are the parents of two children, namely Alexander Joy, born eptember 24, 1987, and Katherine Joy, born May 13, 1990. The child at issue in this tion is Katherine, who is now 16 years of age. Pursuant to the custody Order currently in ffect, dated December 20, 2005, Mother exercises primary physical custody of the child d Father exercises alternating weekend periods of custody from Saturday at 10:00 a.m. til Sunday at 8:00 p.m. The parties also alternate major holidays. In October 2005, Father filed a Petition for Contempt, alleging that Mother was ailing to abide by the Order in its entirety." He alleged that Mother did not let him see the 'ld on his scheduled days. At the conciliation conference that followed, he indicated that e had seen the child for his scheduled visits, which up to that point had been alternating SAIDIS, FlOWER. & eekends as well. The December 20, 2005 Order resulted from that conference. UNDSAY AI ..~vs.A'NAW 26 West High Street Carlisle, PA In March 2006, Father filed a second Petition for Contempt and a Petition to Modify e current Order. Again, he alleged that Mother "failed to abide by the Order in its tirety" and that Mother would not let Father see the child on his scheduled days. Mother not certain of Father's exact complaint, as he has been visiting with the child since the SAIDIS FlDWER'& UNDSAY AI. l.u.lWLt'StAI'.1A1J/ 26 West High Street Carlisle. PA II ~ I ntry of the last court Order, with only two exceptions. On each of those occasions the child as sick and on each of those occasions Father was notified of the child's illness. Mother as not willfully violated the Order such that she is in contempt. Mother therefore filed a etition for Special Relief, alleging that Father's failure to plead any specific instance of ontempt leaves her without the ability to defend against the action. In addition, the same ause of action was brought before the Court previously, and Father did not plead that with y particularity. Mother is requesting attorney's fees for having to defend against these eritless contempt charges. Father also is requesting a modification of the Order. The child at issue is 16 years f age. She has resided primarily with her Mother since the entry of the first Order in 1997. e child has expressed a desire to spend some additional periods of time with her Father, ut perhaps not on a completely shared basis as Father has requested. Mother will not deny e child's request to spend more time with her Father. Neither parent is unfit or unable to arent this child. Mother does have some concerns with the Father's household. These oncems are shared by the child. The child does not want to spend additional time periods her Father's house until her room is cleaned and made appropriate for her. At this time it eeds to be remodeled after some pet damage. II. ISSUE Whether Father should exercise shared physical custody of the child. m. WITNESSES: A. Laralyn Drew, to testify regarding her relationship with her child. B. Alexander Drew, to testify regarding the fact that he has provided transportation for his sister for her periods of visitation with her SAlOIS, FLOWER &. UNDSAY AI aumw.motAI.1A.W 26 West High Street Carlisle, PA II I father since the entry of the December 20, 2005 Order; his relationship with his father; and his observations of the relationship between his sister and his father. C. Katherine Joy, the child at issue, to testify regarding her preference in this case; her relationship with each of her parents IV. PROPOSED RESOLUTION: Mother proposes that the parties continue to share legal custody and that she retain ary physical custody. She proposes that the father exercise expanded weekend time eriods from Friday after school until Sunday evening at approximately 7:00 p.m. In .tion, Father should exercise one month of custody during the summer and extended time . g the child's school breaks. The parties alternate all major holidays and Mother ggests that continue. If this goes well, Mother anticipates that the child may want to pand her time with her Father voluntarily. ate: '1!:> 12- \ 10 &> By: Respectfully submitted, Saidis, Flower & Lindsay, ~ atas, Esquire 26 Wes Street Carlisle, Pennsylvania 17013 (717) 243-6222 Attorney for Plaintiff/Mother SAlOIS, FLOWER &. LINDSAY A11~ 26 West High Street Carlisle, PA " I r-- I I ARALYNDREW, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : CNIL ACTION - LAW : NO. 94-1432 CNIL TERM Defendant : IN CUSTODY CERTIFICATE OF SERVICE This is to certify that in this case, complete copies of all papers contained in the ttached document have been served upon the following persons by the following means d on the dates stated: ame & Address Means of Service Date of Service ad Rominger, Esquire 55 S. Hanover Street arlisle, P A 17013 Facsimile and First Class Mail August 21, 2006 ated: ~/2.' I ()~ 1V1~ /V~ Marylou a , Esquire LARALN DREW, Plaintiff RECEIVED ~UG 1 6 2006 OC:- : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 94-1432 CIVIL TERM JAMES T. JOY, Defendant : CIVIL ACTION - LAW : IN CUSTODY CUSTODY MEMORANDUM Defendant, James T. Joy, by and through his attorney, Karl E. Rominger, Esquire, hereby submits this Custody Memorandum pursuant to an Order of Court. L FACfUAL BACKGROUND: The parties in this matter are James T. Joy (hereinafter referenced as "Father"), who resides at 106 Springhouse Road, Shippensburg, Pennsylvania 17257, and Laralyn Drew (hereinafter referenced as "Mother")" who resides at 559 Newburg Road, Shippensburg, Pennsylvania 17257. The child at issue is Katherine Joy, born May 13, 1990. A Petition to ModiJY Custody and For Contempt was filed by Father on October 26, 2005. Conciliation was scheduled for December 15, 2005, in front of Hubert X. Gilroy, Conciliator. This conciliation was rescheduled for December 20, 2005. At Conciliation the parties agreed to enter into an Order of Court. An Order of Court was entered on December 20, 2006, by the Honorable J. WesleyOler, Jr., wherein Father and Mother shall have shared legal custody of Katherine, with Mother having primary physical custody and Father having periods of temporary physical custody on alternating weekends. On March 22, 2006, Father filed a Petition to ModifY Custody and For Contempt. Conciliation was scheduled for May 5, 2006, in from of Hubert X. Gilroy, conciliator. The parties could not agree on an Order of Court and a hearing is scheduled forAugust 23, 2006, in front of the Honorable J. Wesley Oler, Jr. n. NAMES AND AGES OF CHILDREN: Katherine Joy, born May 13, 1990, presently 17 years old. Ill. PROPOSED ORDER FOR RESOLUTION: 50/50 split physical custody, along with a set holiday schedulefor the parties to abide by. IV. NAMES AND ADDRESSES OF FAcruAL WITNESSES: James T. Joy, 106 Springhouse Road, Shippensburg, Pennsylvania 17257, will testitY to the current custody situation. Tawny Joy, Step-Mother, 106 Springhouse Road, Shippensburg, Pennsylvania 17257, will testify to her direct observation of the current situation. Robert Ocker, Step-Grandparent, 105 BakerlRussell Drive, Shippensburg, Pennsylvania 17257, will testify to his direct observation of the current situation. Dolores Ocker, Step-Grandmother, 105 BakerlRussell Drive, Shippensburg, PennSylvania 17257, will testify to her direct observation of the current situation. Laralyn Drew, 559 Newburg Road, Shippensburg, Pennsylvania 17257, on cross examination. v. NAMES AND ADDRESSES OF EXPERT WITNESSES: At this time, Father does not propose to call any expert witnesses, but does reserve the right to supplement this list of witnesses as necessary. VI. LEGAL AND FACTUAL ISSUES FORRESOLUTllON: Best interest of the child involved. VB. ESTIMATED LENGTH OF TRIAL: Half day. VIR. NEED FORA HOME STUDY: Father does not request a home study at this time, but does reserve the right to request one if the need for one become apparent. IX. NEED FOR A PSYCHOLOGICAL EVALUATION: Father does not request a psychological evaluation at this time, but reserves the right to request one if the need for one become apparent. Respectfully submitted, Rominger & Whare Date: August 16, 2006 ;;;-- Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court lD. # 81924 Attorney for Defendant LARALN DREW, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 94-1432 CIVlL TERM JAMES T. JOY, Defendant : CIVIL ACTION - LAW : IN CUSTODY CERTIFICATE OF SERVICE LKarl E. Rominger, Esquire, attorney for Defendnat do hereby certifY that I this day served a copy of the within 0Ist0dy Me1l101'tllUlMm upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Marylou Matas, Esquire SAlOIS, SHUFF, FLOWER & LINDSAY 26 West High Street Carlisle, Pennsylvania 17013 Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 Respectfully submitted, Rominger & Whare Date: August 16, 2006 ;J < Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court lD. # 81924 Attorney for Defendant 1 vs. FiLfOD-prTICf I' JUN I 6 20~~ I' OF THE "r;c;:Iil\i~ COURT OF COMMON FLEAS PE',~r~"J' 2nno'- i' Pi! "8: p~CU~B:ERLAND COUNTY, PENNSYLVANIA -'. v, ....,.11. C. .11 i: 4 '3 . CUVc:_i : N.q"I?r;\~1432 CIVIL ACTION - LAW FIr: t,,j i\", S \j /i"i,//\:-" ':,~.:'~-' l'*; ! " , IN,' CUSTODY " LARAL YN DREW, Plaintiff JAMES T. JOY, Defendant COURT ORDER AND NOW, this L ~ fJ day of June, 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Courtroom No.1 of the Cumberland County Courthouse on the:;3ru1 day of rJ.u.F ' 2006 at q; 30 ~ m. At that hearing, the Father shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall f'Ile with the Court and opposing counsel a Memorandum setting forth the history of custody in this case, the issues currently before the Court, a list of witnesses who will be called to testify at the hearing and a summary of the anticipated testimony of each witness. This Memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, this Court's prior Order of December 20, 2005 shall remain in effect. BY THE COURT, cc: Marylou Matas, Esquire Karl E. Rominger, Esquire ~'y)~ 6 P; /~ 6 /Ll.- II! II/! COpy I .4 LARALYNDREW, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 94-1432 CIVIL ACTION - LAW JAMES T. JOY, Defendant IN CUSTODY Prior Judge: The Honorable J. Wesley Oler, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CML RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Katherine Joy, born May 13, 1990 2. A Conciliation Conference was held on May 26, 2006 with the following individuals in attendance: The Mother, Laralyn Drew, with her counsel, Marylou Matas, Esquire The Father, James T. Joy, with his counsel, Karl E. Rominger, Esquire 3. The parties were before the Conciliator last December at which time there was an Order entered giving Mother primary custody and Father periods of temporary custody. Father has now petitioned the Court to get at a minimum a 50-50 custodial arrangement based upon what he believes to be the preference of the child. The child is 16 years old and in 10th grade. 4. The Mother suggests that the daughter does not really want to go live with the Dad, and the Mother is seeking attorney's fees on a Petition for Special Relief based upon what she believes to be a repeat performance from the December conciliation when the Father essentially filed the same Petition. 5. The parties are unable to reach an agreement and a hearing is required. The Conciliator recommends an Order in the form as attached. Hubert X. ilroy, Esquire Custody onciliator Date: June~, 2006 . " LARALYNDREW, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LA W JAMES T. JOY, Defendant NO. 94-1432 CIVIL TERM ORDER OF COURT AND NOW, this 2th day of June, 2006, upon consideration of Defendant's Petition To Modify Custody and Petition for Contempt, and of Plaintiff's Answer to Defendant's Petition To Modify Custody and Petition for Contempt, a hearing IS scheduled for Wednesday, August 23, 2006, at 9:30 a.m., in Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, Marylou Matas, Esq. Attorney for Plaintiff ~= ... , . ...... c) Karl E. Rominger, Esq. Attorney for Defendant r\) .r- c~:; :rc III hI! (01, .. '\ \ \ v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 94-1432 CIVIL TERM LARALYN DREW, , Plaintiff JAMES T. JOY, Defendant IN CUSTODY IN RE: CUSTODY HEARING ORDER OF COURT AND NOW, this 23rd day of August, 2006, upon consideration of Defendant's Petition To Modify Custody and Petition for Contempt and Plaintiff's Petition for Special Relief with respect to the parties' child, Katherine Joy (date of birth, May 13, 1990), and upon relation of counsel that this case is being amicably resolved and that a proposed order agreeable to both parties will be submitted to the Court for entry, the hearing scheduled for August 23, 2006, is hereby canceled. By the Court, ....r1arylou Matas, Esquire 26 West High Street Carlisle, PA 17013 For Plaintiff ~rl E. Rominger, Esquire 155 South Hanover Street ~ Carlisle, PA 17013 For Defendant J. :mae \0 Ov:U ~.rp o >- \.0 ~ t.n ~ 1- 0 :z: l:u8 :::; '::2'(-":: ::c ,-,<<' 1 ~~j I :.~t:l: c:c \ ~l:::; C.' CO C. G: ;>- WO- N ,(() \ ;i~ (.-" _lZ :::> :~Z , l- << :'1:i:: i u... u::> 2~ , 0 = '::l J = \ "'"" <.:l