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HomeMy WebLinkAbout94-04024 ' I ?, I I? ? I 'I I i i r I ? 1 1 I i ?, ? I ' i I i i I i I I 1 I i I 1 I i ? 1 ? ?. ? I i ?i • ? 1 I f I ' ? ? I r I ? r i - 1 I I ? i ? ? r i i I r I r. ? ? ? l. _?`:. I i I i ' ? l i ? ' ? ' i i ? I ? i, i ?? ? I I ? Ir ? i i i i 1 r i i } I ? ? ? i i ? ? I ? i I i ? ' ? ? I I i ? n „ i ?? I I ?.,? ?' j. I ? ? ? I ?? I I i I _ ? ? I,. ?. i ? ? ?i '? , ? - I ' I ,;,1 ' i . . I ?S ?' I ? ?, ?? "t I t (;{ } CYNTRIA O. JONES, I IN THE COURT OF COMMON PLEAS OF Plaintiff I CUMBERLAND COUNTY, PRNNEYLVANIA I •a. I CIVIL ACTION - LAW i IN DIVORCR MICHAEL A. JONES, I Defendant t 91-1024 CIVIL TERN ORDE$ AND NOW, this _ day of , 1996, a hearing is not for the day of , 1996, at _,M. in Courtroom No. Fourth Floor, Cumberland County Courthouse, Carlisle, Pennsylvania, on the Wife's Petition for Special Relief. BY THE COURT, i CYNTHIA 0, JOHNS, Plaintiff Va. MICHAEL A. JONES, Defendant I IN TNS COURT OF COMMON PLBANE OF I CUMBERLAND COUNTY, PSNNBYLVAMIA I I CIVIL ACTION - LAW I IN DIVORCE I t 94-6877 CIVIL TRAM ORDER AND NOW, this day of 199_, after hearing in this matter, the Petition of Plaintiff for Special Relief is granted. Defendant is ordered and directed to make and keep current all outstanding mortgage payments on the marital residence within fifteen (16) days of this order. The Defendant in further ordered and directed to obtain a psychological evaluation and to promptly initiate mental health counseling. He is further directed to provide a copy of the evaluation and confirmation of counseling to Plaintiff's and Defendant's counsel, as well as to this Court within sixty (60) days of this order. BY THE COURT, ce Ruby D. Weeks, Esquire, Attorney for,the Plaintiff Raymond ferrario, Esquire, Attorney for the Defendant' CYNTHIA O. JONES, I Plaintiff i i vs. I I MICHAEL A. JONES, 1 Defendant i IN THE COURT OP COMMON PLEASE OP CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAN IN DIVORCE 94-6877 CIVIL TERM PETITION FOR SPECIAL RELIEF COUNT I - MORTGAGE RELIEF COMER NOW, CYNTHIA JONES, Plaintiff-Petitioner, by her attorney,- Ruby !-;J D. Weeks,Esquire, and petitions the court as followst 1. Your Plaintiff-Petitioner is Cynthia G. Jonas, Box 100, Boilijuo 5RJ,1ngS4' Cumberland County, Pennsylvania 17007. 2. Your Defendant-Respondent is Michael A. Jones, 1127 Black Bear Road, Hamlin, Wayne County, Pennsylvania, 18436. 3. Since June 1995, Defendant-Respondent has refused to make mortgage payments on the marital residence located at 1127 Black Bear Road, Indian Rocks, Hamlin, Pennsylvania 16427. 4. On May 2, 1994, Plaintiff-Petitioner removed herself and the children from the marital residence because of the Defendant's physical abuse toward her. 5. At the time, Plaintiff-Petitioner wag pregnant with the parties' third child, who wan subsequently born on October 26, 1994. 6. The Plaintiff-Petitioner Is unemployed and is a full-time caretaker for the parties' children who are Christopher Jonee, born June 24, 1988 and Brian Jones, born May 14, 1991 and Rachel Jonee born October 26, 1994. 7. On December 19, 1995 the Plaintiff-Petitioner was served with mortgage foreclosure documents from LA Bank, N.A. since the Defendant-Respondent has refused to make the aforementioned mortgage payments. 8. The marital residence in the major asset in the divorce and the Defendant-Respondent has threatened to let it go to foreclosure unless the wife deeds her interest to the husband. 9. The wife has no income other than the spousal and child support ¦he receives from the husband and has no way to make the mortgage payments current to prevent the foreclosure. 10. The marital residence is presently listed with Coldwell Banker Realtors in Hamlin, Pa. for $62,5001 there is an outstanding mortgage of $52, 760.79 which includes interest to 11/16/95 and lets charges, to LA sank, N.A. COUNT II - REQUEST FOR DEFENDANT TO UNDERGO PSYCHOLOGICAL EVALUATION AND COUNSELING 11. Paragraphs 1 through 10 are hereby incorporated by reference and made a part hereof. 12. Following a period of partial custody with the rather-Defendant- Respondent on November 26, 1995, the child, Christopher was returned by the father severely bruised on his buttocks after having been "disciplined" by the father in an apparent angry rage. WHEREFORE, Plaintiff-Petitioner seeks to have Defendant-Respondent directed to make current all outstanding mortgage payments to prevent the foreclosure on the marital residence and to have him court-ordered to received counseling and a psychological evaluation for his rages and mental health problems. Dates Respectfully, / t Ruby D. Weeks, Esquire Attorney for the Plaintiff-Petitioner 30 West High Street Carlisle, Pennsylvania 17013 (717) 243-1294 COMMONWEALTH Of PENNSYLVANIA t t n COUNTY Or CUMBERLAND e I, CYNTHIA 0. JONES, appeared before me, a Notary Public in and for the Commonwealth and County aforesaid, the undersigned, being duly sworn according to law, deposes and says that the foregoing PETITION FOR SPECIAL RELIEF are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. 54904 relating to unsworn falsification to authorities. CY T 0. e, - TITIONER Sworn to and subscribed to before me this day of 1916- Notary ary , P?jlic 01 rv?r r; , ; -r IAV Crmm_;.,•?L_'? I.::'i ?Y t,,n, 1 ', X097 , .ter , CYMTEIA 0. Jolms, I IN TEE COURT OF COMMON PLEAS OF Plaintiff I CUMBXRLAND COUNTY, PENNSYLVANIA I Vs. I CIVIL ACTION - LAW T CUSTODY y _ ' I 0 2.y 6uU l w:cuEL A. JONES, ? `•? •?? Defendant t NO. C VIL 19 /I ORDER OF COURT AND NOM, this L day of ?' L ?-' / , 194, upon agreement of the parties, the attached Stipulation and Agreement of Custody is made an Order of Court. BY THE COURT, J. Ruby D. Weeks, Esquire For Cynthia 0. Jones Raymond W. Terraria, Esquire For Hichael A. Jones AIN .494 eGi,, AGO P ez 6 S nn? i CYNTXIA O. JONNB, Plaintiff ? . NICOUL A. JONBS, Defendant 1 IN THE COURT or COMMON PLEAS or e CUNBBRLAND COUNTY, ?BNNBYLVANIA 1 1 CIVIL ACTION - LAN 1 CUBTODY I 1 NO. CIVIL 18 This Agreement ¦nd Stipulation entered Into the day and year hereinafter not forth, is by and between Cynthia O. Jones, natural mother, by her attorney, Ruby D. Necks, Enquire, and Michael A. Jones, natural tether, by his attorney, Raymond W, P H7vU'fo Esquire, who ever as follower 1. Plaintiff, is Cynthia O. Jones, natural mother and an adult sui juris, who resides at Box 100, Boiling springs, Cumberland County, Pennsylvania, 17007. II. Dependant is Michael A. Jones, natural lather and an adult sui furls, who resides at 1127 Black Bear Road, Wayne County, Pennsylvania, 18436. III. Mother and rather are the parents of two children, Christopher Jones, born June 24, 1988 and Brian Jones, born May 14, 1991. The mother is presently pregnant with a third child of the parties, whose birth is anticipated in October, 1994. IV. The parties, Cynthia 0. Jones and Michael A. Jones, agree to the following custody terms regarding custody of Christopher Jones and Brian Jones, and request the terms be entered as an Order of Courts A. The parties shall have joint, shared, legal custody of the children. 8. The mother shall have actual physical custody of the children, with partial custody awarded to the father as follower 1. The parties recognize and acknowledge that the mother is presently pregnant with the parties' third child due to be born on or about October 1994. once that infant is weaned, which in anticipated to occur at approximately 9 months of age, as with the other children of the parties, the infant will be included in all periods of partial custody with the father along with the other two children. However, from the date of the child's birth to the time the child is weaned, the father shall have day visits with the child between the hours of 5000 a.m. and 600 p.m. twice a month, on date mutually agreeable to the parties, only in the immediate Boiling Springs area. The mother will provide the father with bottles for the infant on these occasions. 2. Two weekends a month from 5c00 p.m. Friday to St00 p.m. Sunday on the first and third weekends of the month. 3. a. In the event Labor Day, President's Day, Memorial Day, or July 4 falls on a Friday, in conjunction with the father's weekend as in paragraph 2 above, the father shall have the children from 5t00 p.m. the Thursday before the holiday until 500 p.m. Sunday. b. In the event Labor Day, President's Day, Memorial Day, or July 4 falls on a Monday, in conjunction with the father's weekend as in paragraph 2 above, the father shall have the children until BOO p.m. Monday, rather than Sunday. 4. Starting in 1995, during the summer months of June, July and August, the father shall have partial custody for a total of thirty (30) days, to be taken ten consecutive days at a time in each of those months from 5t00 p.m. on a Friday until St00 p.m. the second-following Sunday. This paragraph supersedes the alternating weekend schedule in paragraph two above. The father agrees to schedule these dates with the mother no later than April 30 each year. 3 6. Commencing in 1994, and in even-numbered years thereafter,the father shall have partial custody of the children each Thanksgiving and each taster Sunday and one-half of whatever school vacation is provided by the school calendar, which is to include the holiday. In odd-numbered years, the mother will have the Thanksgiving and Easter Sunday holidays and one- half of the school vacation for those holidays. The parent not having the children for the holiday shall have the remaining one-half of the school vacation, Thanksgiving and i taster holidays each year. 6. a. The mother shall have the children each Christmas Day, (the time her family celebrates this holiday) and the father each Christmas Eva, (which is the date the father's family celebrates this holiday) on December 23 at 9:00 a.m. until 9:00 p.m. on December 24. The parties recognize that there may be times when the school calendar may not permit the father to pick up the children until school dismisses on December 23. In the event Christmas Eve is on a Friday, the day shall be added to the father's alternate weekend time, and the father shall have the children from 9:00 a.m. Christmas Eve, Friday, and he shall not have to return the children until 9:00 p.m. on Sunday. Likewise, in the event Christmas Eve is on a Monday following the father's alternate weekend, then the father would return the children at 9:00 p.m. on Monday and would have them through Sunday night. b. The father shall have one-half of the school Christmas vacation, to be taken in such a way as to minimise his 4 travel. The mother shall have the children the other one-half of the school Christmas vacation, when the father has partial custody during the second half of the school holiday, he shall return the children to the mother at 2to0 p.m. on New Year's Day to allow the children to celebrate the mother's birthday. 7, a. The father shall always have partial custody of the children on Father's Day from 9t00 a.m. to 8t00 p.m. and the mother on Mother's Day, even if that day would have otherwise been a day for custody of the children with the other parent. b. The father shall have some period of partial custody with each child on the child's birthday and on the father's birthday to celebrate the occasion. Likewise, the mother shall always have time with each child on her birthday and on the child's birthday even if these days were ordinarily days of the father's partial custody. 8. The parties agree that Dr. Robert Morton M.D. of Hamlin, PA 18427, will continue to be the children's pediatrician when the children are with the father, and accordingly, he will provide medical treatment to the children when necessary, at the father's expense for items not covered by health insurance. 9. The parties agree that each parent shall be entitled to have conferences with any physician, dentist, counselor or other health care provider, treating the children and each parent shall be entitled to copies of reports regarding a child's treatment. 5 10. The parties acknowledge that the child has the following medical conditions and that each parent will ensure that the recommended dietary, medical and environmental restrictions and treatments are adhered to, including but not limited to, nonexposure to animals and cigarette smoke, and that the children will receive all prescribed dosages of medication and treatment as directed by the physician. a. Christopher - croup and respiratory problems b. Brian - Suspected colitis and gastro intestinal problems It Is acknowledged that these health probleme often occur at night, and the father agrees to seek prompt medical treatment when the children are with him and such problems occur. 11. The father shall provide the transportation to and from his periods of partial custody. After March 31, 1995, the mother agrees to most the father one-half way at a mutually-agreed- upon location in Frackville, Pr, at such times an the father is returning the children to the mother's custody. 12. The parties shall exchange infant and children's car seats, with the mother providing these to the father me necessary when he picks up the children. The father shall promptly return the car seats to the mother at the time he returns the children. 13. The father may have partial custody of the children during such additional periods as the parties shall from time to time agree, without the need to modify the order of Court entered as a result of this Stipulation. 6 14. The father agrees to call at least 24-hours before appearing for an unannounced visit and to confirm these prearranged periods of partial custody at least twenty-four hours (24) in advance. The wife agree¦ not to unreasonably withhold consent for such visitation or periods of partial custody by the father. 16. Time is of the essence regarding the father's pick-up and return of the children for periods of the father's partial custody. The parties agree that if the father has not picked up the children within one hour of the set time, that period of partial custody is forfeited by the father and the mother and children are free to make other plans, unless the father has notified the mother in advance of an emergency situation which prevents his timely arrival. 16. The parties shall notify each other in a timely fashion if it in necessary due to an emergency or unforeseen circumstance for him or her to be delayed at any of the times set out herein. It is intended, however, that time be of the essence, and that the parties as strictly as possible comply with the times set forth herein. 17. The parties will notify and consult with the other party immediately in cases of medical emergencies that occur while the children are in each parent's custody. 18. The father agrees to continue the children in and to transport them to and from their regularly scheduled activities which occur while he is in this area during his periods of partial custody. The mother agrees to keep him timely advised of these events. 7 19. The parties agree that the father shall be allowed reasonable telephone time contact between himself and the children when the children are with the mother. Likewise, when the children are with the father, the mother shall be allowed reasonable telephone contact with the children. 20. The parties agree that they shall obtain each other's written consent before removing the children from Pennsylvania, and they also agree to provide the other parent an emergency telephone number and address in the avant they do remove the children from Pennsylvania. 21. Neither parent shall do anything which may estrange the children from the other parent or injure the opinion of the children as to the other parent, or which may hamper the free and natural development of the children's love or affection for the other parent. Likewise, each parent shall encourage their relatives not to belittle or disparage the other parent to the children. 22. The parties agree that in making this Agreement, there has boon no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other. 8 Any modification or waiver of any of the provisions of this Agreement shall be effective only it made in writing and only it executed with the same formality as this Agreement. IN WI OE M111MR110r, the parties hereto intending to bt-Aally nd th ter?mys hereof, set forth their hands and seals this day of , 19 1 Rub D. Ne ke, Esquire Cyn his G. Jone Attorney for Plaintiff P1 intiff - Ho er 10 Nest High street Carlisle,-,PA 17013 !C ACtorne or Defendant suite $cran 61fe Bldg. 536 B ruce Street Scranton, PA 18503-1816 HichaeL A. Jone* Defendant - rather 9 COMMONWEALTH OP PENNSYLVANIA t I ¦s COUNTY OP CUMBERLAND I On this, the-2,11?day oflg?p before me, a Notary M ael A, Jones Public, the undersigned officer, personally appeared 0 AH9W =XJdh*s, known to me to be the person whose name is subscribed to the within custody stipulation and Agreement, and acknowledged that she executed the same for the purposes therein contained. COMMONWEALTH Of PENNSYLVANIA I 0 COUNTY OP CUMBERLAND i On this, the day of a&i 19L , before me, a Notary Public, the undersigned officer, personpeered HAz?xxaPj4jes known to me to be the person whose name in subscribed to the within Custody Stipulation and Agreement, and acknowledged that he executed the same for the purposes therein contained. NOTAFaAL SU1L MARYIYN A LAPATO, NotYy Pudw my 2gftjjjWv C4"" Cu Ex" Met 1w 19G7 N tart blic '?^T . I fyl?,a? ,I w{F;?,j, f:'3t4(?( ijir7llr 1 u, yit.ar?l??IllRlx? 4v - ?;°A?y4y??h l ?1M?o?l 11&m L, I ?f?'+lli_ q i 1' IM1if ?" q 1 U a1 ?? Ifi'? , + I, it 'I. I i ? Ir v,u 011FIVE Tdt ilt"SMONGTAhY ,fW of a9 CU pat NINSKOIAHI NTI 41I! I 1 J?{ I All 1 sM1lr y, I , v r f 1 1 r ??, ; 1 rt 'I 1 101 ?'ir111 sI ? ? f - 7 t e?i ?4, 1 ar ._. ,.. ,...c..w-q+t«ewlkcHp.«Iw.?-_ - •.. n __.?a... .?._. ?r-r., .-..,wwvMaww?IMN NIIpMYM1W"1r• ' e r 1. Ilp LIP It lip d. ?,.,I C p-r, l- WW3 NAVII ?1KI AINaM4 NII11M p6ZT -EbZ,(/.TLI, y ,'-"4'.-a''>'Y ??-• ls n • ' ri fCaQ 'f 111P) I.1N:IJIIl tWISSIWCIY ETOLT tld '21SI'IHVD l 113 1 . Nnlbrv oi Cf ry `^?{ {JIYMVa'll.igltlal.{IIAINAMIMIIII f,$SUIS HOIH SSBM N31 VNIrnYnal4lnAau.u.clYYn.)n NY HMV 11t1An++, 7 11,1, a' ?`..^•? 14 ,.. P. ,,1 1A ?H?nnsa ?SY.?.'?M W dfinH '1:1X1 V %I NIIIIIM'All I. IVIII A III Y'6) I O 1 R a F a f I a W Cl a h ? y m p a V sp U I 'a a 'L U O A 10 1-1 w F5 a 8 x M - 1 w V y Q1 CI p H ti C 00 4 Vk tl ?„ F N W) N O1 PG N N GG p ? V? r i a w ON O W OWN W S I F Np? n r A? N a 6 .I - a Ua '' a U? n ?' a T• s.; T N ran -r .C. CYNTHIA O. JONES, 1 IN THE COURT OF COMMON PLEASE OF Plaintiff I CUMSERLAND COUNTY, PENNSYLVANIA t vs. t CIVIL ACTION - LAW t IN DIVORCE MICHAEL A. JONES, 1 Defendant 1 96-6077 CIVIL TERM ORDER AND NOW, this day of 199_, after hearing in this matter, the Petition of Defendant To Transfer Venue to Wayne County, Pennsylvania is denied. BY THE COURT, J, 01 Ruby D. Weeks, Require, Attorney for the Plaintiff Raymond lerrario, Require, Attorney for the Defendant CYNTHIA 0. JONES, Plaintiff vs. MICNAEL A. JONES, Defendant IN THS COURT OF CONISON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE 96-6977 CIVIL TERN r d +• i• ,r .u NOW COMES PLAINTIFF CYNTHIA A. JONES, through her Attorney Ruby D. Weeks, Esquire in response to the Defendant's Petition for Change of Venue, requesting change of venue to Wayne County, Pennsylvania. 1. A. Admitted. By way of explanation, Defendant was served the Complaint in Wayne County, by certified mail. B. Plaintiff, Cynthia G. Jones is a resident of Cumberland County, currently residing at 219 Front Street, Box 100, Boiling Springs, Cumberland County, Pennsylvania 17007, since May 2, 1994. The date of final separation was May 2, 1994, and Plaintiff filed the Divorce complaint In Cumberland County on December 5, 1994. 2. Admitted. 3. Admitted. By way of explanation, the date of separation was May 2, 1994, seven months prior to the filing the Divorce complaint. 4. Admitted. Although the support action originated in Cumberland County, as required by RURESA, the action transferred to Wayne County, as this is the county of residence of the Defendant. 5. Denied. Plaintiff properly filed divorce complain in Cumberland County, according to 23 Pa.C.a.a. 3104(e)(5) and Pennsylvania Rules of Civil Procedure No. 1902.2 (a)(1), as Plaintiff filed the divorce complaint more than six months after the date of final separation 6. Denied in part. Admitted in part. Plaintiff would not allow the parties' children to be seen by their father due to his previously being violent and verbally abusive to the Plaintiff in front of the children, as well as previously being physically abusive. HEW HATTER 7. Paragraphs 1 through 6 are hereby incorporated by reference and made a part hereof. B. Defendant persists in using the docket number for the custody matter, 94-4024 in documents In the Divorce Action 94-6877. WHEREFORE, Plaintiff Cynthia G. Janes respectfully requests that the Court deny the Defendant's request to transfer venue to Wayne County. Dstedi November 13. 1996 RUBY D. WEEKS, ESQUIRE Attorney for Plaintiff Cynthia G. Jones 10 West High Street Carlisle, PA 1701.3 (717) 243-1294 MEME.U CYNTRIA 0. JONES, Platatiff vs. NICEAEL A. JONES, Defendant t IN THU COURT OF COMMON PLRASR OF t CVNBNRLAWD COUNTY, FBNNBYLVANIII t t CIVIL ACTION - LAW t IN DIVORCE t t 94-6877 CIVIL TERN AFFIDAVIT OF SERVICE BY RAIL PURSUANT TO PA R.C.P. 1920.4 10 111111) COMMONWEALTH. OF PENNSYLVANIA t t an COUNTY OF CUMBERLAND t I, RUBY D. WEEKS, ESQUIRE, Attorney for Cynthia G. Jones, being duly sworn according to law, depose and say that a true and correct copy of the PLAINTIFF'S ANSWER TO DEFENDANT'S PETITION FOR CHANGE OF VENUE, was served on Raymond Ferrario, at Suite 528, Scranton Life Building, 538 Spruce Street, Scranton, PA 18503-1816, by mailing the same to him by regular mail, postage pre-paid on November 13, 1995. Datet November 13, 1995 Ruby D. We Wks, Enquire y? i 1?I?I Y ICI i ? lr d r Ir )?IVl1??1{A%ry f'^ rv vT41t 1' '' I 4 I 'I I - r}{: 1 1 l e I 1 ? ? I A _ ? r 1' I I 1 rl L I ?'? Ir ? Gj (ri?`7 .?kr) `? ! ,?•' 'I!i 1 rrp '? 1J4.? r. i ?}; l )t I .I I ,? ?' I r 1? r? r. I r.,? i,' Ili'r\l yyrlr?: i`. r r Irl fl 'Ir Ilil i??l \ r51 r I .. Ir ,I of 7) MM0.1? II 4 r r rr'I. CYNTNIA O. JONES, t IN TUN COURT OF COMMON PLEASE OF Plaintiff i CUNSERLAWD COUNTY, PENNSYLVANIA i rs. i CIVIL ACTION - LAN i IN DIVORCE MICNAML A. JONES, i Defendant 1 96-6577 CIVIL TENT ORDER AND NOW, this day of 199, after hearing in this matter, the Petition of Defendant To Transfer Venue to Wayne County, Pennsylvania is denied. BY THE COURT, aGt' ?`r 01 Ruby D. Weeks, Esquire, Attorney for the Plaintiff Raymond Farrar in, Esquire, Attorney for the Defendant { . . I I. , 'I i !i rh, I r, I r CYNTRIA 0. JOHNB, Plaintiff Va. NICURL A. JONES, Defendant 1 IN THE COUNT OF CONNON PLEABE DP 1 CUMBERLAND COUNTY, PENNSYLVANIA 1 1 CIVIL ACTION - LAW 1 1 IN DIVORCN 1 1 94-4877 CIVIL TERN PLAINTIFF's AMRNBR TO D?RNDANT's PETITION Fn comas or VEEUE NOW COMES PLAINTIFF CYNTHIA A. JONES, through her Attorney Ruby D. Weeks, Require in reeponse to the Defendant's Petition for change of Venue, requesting change of venue to Wayne County, Pennsylvania. t 1. A. Admitted. By way of explanation, Defendant was served the Complaint in Wayne County, by certified mail. B. Plaintiff, Cynthia O. Jones in a resident of Cumberland County, currently residing at 219 Front street, Box 100, Boiling Springs, Cumberland County, Pennsylvania 17007, since May 2, 1994. The date of final separation was May 2, 1994, and Plaintiff filed the Divorce Complaint in Cumberland County on December 5, 1994. 2. Admitted. 3. Admitted. By way of explanation, the date of separation was May 2, 1994, seven months prior to the filing the Divorce complaint. 4. Admitted. Although the support action originated in Cumberland County, as required by RURESA, the action transferred to Wayne County, as this is the county of residence of the Defendant. 5. Denied. Plaintiff properly filed divorce complain in Cumberland County, according to 23 Pa.C.9.a. 3104(a)(5) and Pennsylvania Rules of Civil Procedure No. 1902.2 (a) (1), as Plaintiff filed the divorce complaint more than six months after the date of final separation 6. Denied in part. Admitted in part. Plaintiff would not allow the parties' children to be seen by their father due to his previously being violent and verbally abusive to the Plaintiff in front of the children, as well as previously being physically abusive. NEW NATTER 7. Paragraphs 1 through 6 are hereby incorporated by reference and made a part hereof. a. Defendant persists in using the docket number for the custody mattero 94-4024 in documents in the Divorce Action 94-6877. WHEREFORE, Plaintiff Cynthia 0. Jones respectfully requests that the Court deny the Defendant's request to transfer venue to Wayne County. i Datedl Novamber 13. 1995 RUBY D. ASKS, ESQUIRE Attorney for Plaintiff Cynthia 0. Jones 10 West High Street Carlisle, PA 17013 (717) 243-1294 I ¦, CYNTUA a. JONES, Plalgtl[! Va. NICEABL A. JONE80 Defendant AFFIDI PURSUANT To COMMONWEALTH OF PENNSYLVANIA t t IN THE COURT OF COMM ILRA8E OF t CUMBERLAND COUNTY, PRNN8YLVAIIIA t t CIVIL ACTION - LAW t IN DIVORCE t t 94-6977 CIVIL TERN I COUNTY Of CUMBERLAND Ye t tt I, RUBY D. WEEKS, ESQUIRE, Attorney for Cynthia 0. Jonas, being duly sworn according to law, depose and may that a true and correct copy of the PLAINTIFFS ANSWER TO DEFENDANT'S PETITION FOR CHANGE OP VENUE, was served on Raymond Fsrrarlo, at Suite 528, Scranton Life Building, 538 Spruce Street, Scranton, PA 18503-1816, by mailing the same to him by regular mail, postage pro-paid on November 13, 1995. Datet November 13, 1995 Ruby D. We s, Esquire , t7 ?! , ,', I ! I I 1 , I I, t IF'f il? fk ?! f3y,1? I1 I " t ft A E(?' I{?rI t j I 1 , I ' i I fn Ill ;rll 'r't i 1? I : .+??: ???y? I 1 ;Er f?tYlt _k.. CYNTHIA 0. JONES, t IN THE COURT OF COMMON PLEASE Or, Plaintiff CUNBRRLAND COUNTY, PEMNSYLVANIA Va. i CIVIL ACTION - LAW i IN DIVORCE MICHAEL A. JONES, i Defendant i 96-6477 CIVIL TERN ORDER AND NOW, this day of 199, attar hearing in this matter, the Petition of Defendant To Transfer Venue to Wayne County, Pennsylvania is denied. I BY THE COURT, 15 J. It f' lei Ruby D. Wseks, Esquire, Attorney for the Plaintiff Raymond Ferraro, Esquire, Attorney for the Defendant i i I. . . ? r i , CnMEIA 0. JONES, Plaintiff vs. NICRARL A. JONES, Defendant IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAN IN DIVORCE 16-6677 CIVIL TERM PLAINTIFF'S RMBWER TO DEPENDANT'S PETITION FOR CRANOE OP VRNOS NOW COMES PLAINTIFF CYNTHIA A. JONES, through her Attorney Ruby D. Weeks, Require in response to the Defendant's Petition for Change of Venue, requesting change of venue to Wayne County, Pennsylvania. 1. A. Admitted. By way of explanation, Defendant was nerved the Complaint in Wayne County, by certified mail. B. Plaintiff, Cynthia G. Jones is a resident of Cumberland County, currently residing at 219 Front Street, Box 100, Boiling Springs, Cumberland County, Pennsylvania 17007, since May 2, 1994. The date of final separation was May 2, 1994, and Plaintiff filed the Divorce Complaint in Cumberland County on December 5, 1994. 2. Admitted. 3. Admitted. By way of explanation, the date of separation was May 2, 1994, seven months prior to the filing the Divorce Complaint. 4. Admitted. Although the support action originated in Cumberland County, as required by RURESA, the action transferred to Wayne County, as this is the county of residence of the Defendant. 5. Denied. Plaintiff properly filed divorce complain in Cumberland County, according to 23 Pa.C.s.a. 3104(e)(5) and Pennsylvania Rules of Civil Procedure No. 1902.2 (a)(1), as Plaintiff filed the divorce complaint more than six months after the date of final separation 6. Denied in part. Admitted in part. Plaintiff-Would not allow the parties' children to be seen by their father due to his previously being violent and verbally abusive to the Plaintiff in front of the children, as well as previously being physically abusive. NEW NATTER 7. Paragraphs 1 through 6 are hereby incorporated by reference and made a part hereof. 0. Defendant pereiete in using the docket number for the custody matter? 94-4024 in documents in the Divorce Action 94-6077. WHEREFORE, Plaintiff Cynthia 0. Jones respectfully requests that the Court deny the Defendant's request to transfer venue to Wayne County. patedi November 13. 1995 ` RUBY D. WEEKS, ESQUIRE t Attorney for Plaintiff Cynthia 0. Jones 10 West High Street Carlisle, PA 17013 (717) 243-1294 i I CYNTNIA 0. JONBB, Plaintiff vs. NICEAEL A. JONBB, Defendant COMMONWEALTH OF PENNSYLVANIA t I u COUNTY OF CUMBERLAND I, RUBY D. WEEKS, ESQUIRE, Attorney for Cynthia O. Jones, being duly sworn according to law, depose and ¦ay that ¦ true and correct copy of the PLAINTIFF'S ANSWER TO DEFENDANT'S PETITION FOR CHANGE OF VENUE, was served on Raymond Ferrario, at Suite $28, Scranton Life Building, 538 Spruce Btrest, Scranton, PA 18503-1816, by mailing the same to him by regular mail, postage pre-paid on November 13, 1995. Dater November 13, 1995 . IN TBB COURT OF COMMON FLBABB OF I CVNRBRLAND COUNTY, FENNBYLVANIA I CIVIL ACTION - IAW I IN DIVORCE 1 , t 94-6477 CIVIL TERN Ruby D. WaWks, Esquire T, . ?i i i i I I . I i l 1 I I /. i 1 I N O1 I W ? "?, y j ^ `1 W = r I ?? 2 0 ?I/?' `lj W Z W F W I N I J C < u I I" ?l ? i wr+ l 1 , I I I I r. L: I O r N a aH? i I I t' I C/y 1 M 1 1 ? I' I 1 1 r r Ir Tt..r. x 1 ?t91? I r f ill N 01 N i 01 W do > 1 Z = i a N ? ? z W <z a H ui J N J < V W 0% N Q OD • .I N 0 b I 4 N M Ix 1UO Itl 7 01 If1 m ?N W a N •C 00 •A a ad 91 U eu'woxu qMqy UMC K v1Nln V! x ? 11 rr ?i I I , r i ,. 4 OCT 25 1995 * CYNTHIA 0. JONES, tIN THE COURT OF COMMON PLEAS OF Plaintiff tCUMBERLAND COUNTY, PENNSYLVANIA t v :NO. 4024 - CIVIL - 1994 t MICHAEL A. JONES, t Defendant tCIVIL ACTION - CUSTODY COURT ORDER AND NOW, this day of C f, 6,L- , 1995, upon consideration of the attached Custody Concil at on Report, it is ordered and directed as follows: 1. The attached Custody Stipulation and agreement of the parties is hereby incorporated as a Court Order. 2. A Hearing is scheduled in Courtroom No. 1 of the Cusberland County Courthouse on the ,day of 199&f at M. at which time testimony will be to en on the issue of transportation for exchange of custody. Counsel shall file with the Court and opposing counsel a Memorandum setting forth rsach party's position on the transportation issue, a list of witnesses that will be called to testify on this issue and a summary of the anticipated testimony. This memorandum shall be filed at least ten days prior to the mentioned Hearing date. BY THE COURT, ( I I---- Judge Harold E. Shee y, P.J. cot Ruby D. Weeks, Esquire 11u.. lKa.(ut II/1/15-aA,, Raymond W. Ferrario, Esquire ?n 6 u I ?I pl I 1 ,I 11. f` I 11 I, y i ?? ?C! 1 I I I i t' I `E?ppF` ?Mpp C ?? I I I a I' I 1 : 1 I i ? , I I I lllli 41'' 1 I I ? i 1 1 III ,.1 1 I. d 11,11 1 1 I "I .. I I 6 1 1 1 I 1111 , , I ' If } E. .1 4 1 r 1 1 i I I I? CYNTHIA G. JONES, Plaintiff v MICHAEL A. JONES, Defendant tIN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA tNO. 4024 - CIVIL - 1994 tCIVIL ACTION - CUSTODY PRIOR JUDGE: JUDGE HAROLD E. SHEELY, P.J. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE I915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The information pertaining to the children who are the subject of this report is as follows: Christopher Jones, born June 24, 1988, Brian Jones, born May 14, 1991, and Rachel Jones, born October 26, 1994. 2. A Conciliation Conference was held on October 20, 1995, with the following individuals in attendance: The Mother, Cynthia G. Jones, with her counsel, Ruby D. Weeks, Esquire, and the Father, Michael A. Jones, with his counsel Raymond W. Ferrario, Esquire. 3. The parties agreed on all the particulars of a custody arrangement but could not agree on a transportation issue. The parties originally lived in a town north of Scranton. At separation, the Mother moved to the Cumberland County area to be with her family. Father wants Mother to share equally in the transportation. Mother is only willing to meet halfway on Sundays and share transportation on that day. She is unwilling to share the transportation otherwise. A Hearing is required on the transportation issue. 4. The parties filed with the Conciliator a Custody Stipulation that resolved all issues except the transportation. The Conciliator recommends an Order in the form as attached. -(fJ a Q.Sr - 6xzw K?u - DATE Hubert X. Gilroy, Es re Custody Conciliate CYNTHIA O. JONES, 1 IN THE COURT OF COMMON PLEAS OP P1¦tStlr[ I CUMENRLAND COUNTY, PENNSYLVANIA •s• 1 CIVIL ACTION - LAW I CUSTODY MICHAEL A. JON86, I Defendant 1 NO. CIVIL' It This Agreement and Stipulation entered into the day and year hereinafter set forth, is by and between CYNTHIA G. JONES, natural mother, by her attorney, Ruby D. Weeks, Esquire, and natural .',ether, by his attorney, RAYMOND N. FERRARIO, Esquire, who aver as follower 1. Plaintiff 1s Cynthia G. Jones natural mother and an adult sul jurts, who resides at Box 100, Boilinq Springs, Cumberland County, Pennsylvania, 17007. II. Defendant is Michael A. Jones natural father and an adult sue jurts, who resides ¦t 1127 Black Bear road, Wayne County, Pennsylvania, 18436. III. Mother and father are the parents of three children, Christopher Jones, born June 24, 1988 and Brien Jones, born May 14, 1991 and Rachel Jones, born October 26, 1994. IV. The parties agree to the following custody terms regarding custody of the children and request the terms be'entered as an order of Court; A. The parties shell have joint, shared, legal custody of the children. 8. The mother shall have actual physical custody of the children, with partial custody awarded to the father as follower 1.Two weekends a month from 6t00 p.m. Friday to 6t00 p.m. Sunday as on the first and third Weekends of each month. November 10th to 12th and 24th to 26th 19951 December 8 to 10, December 26, 1995 to January 1 at 2100 p.m. 1996; January 12 to 15 19961 January 26 to 28 1996; February 2 to 4 and 16 to 19 1996; March 1 to 3 and 14 to 17 1996; April 5 to 7 and April 26 to 28 1996; May 10 to 12 and 24 to 26 19961 September 6 to 8 and 20 to 22 1996. It is the Intent of the parties that each year when the father receives his national guard duty 1 schedule that the parties will arrange for the entire year the weekend schedule taking the father'a national guard duties into consideration. 2. starting in 1996 during the mummer months of June July and August i the father shall have partial custody for a total of thirty days to be taken tan consecutive days at a time in each of those months from 900 a.m. on a Friday until 6100 p.m. the second following Sunday. This paragraph supersedes the I alternating weeks 4dr Pgiz11}g'?,ir??era above. For 1996 these dates aces June 21 to 30 1996 July 12 to 21 6 • to 18 1996. 3. The mother is to have the entire Thanksgiving day in 1995. Commencing in 1995 and odd numbered years thereafter, the father shall have partial custody of the children each rhanksglving and each tooter Sunday and one- half of whatever school vacation is provided by the school calendar, which is to include the holiday. In the even numbered years, the mother will have the Thanksgiving and Easter Sunday holiday" and one-half of the school vacation for those holidays. The parent not having the children for the holiday shall have the remaining one-half of the school vacation, Thanksgiving and Easter holidays each year. 4.(a.) For 1995 and odd numbered year thereafter the mother shall have the first half of the children's school holiday to include both Christmas Eve and Christmas Days, the father shall have the second half of that school holiday period. I (b.) For 1996 and even numbered year thereafter the father shall have the first half of the children'" school holiday to include both Christmas Eve and Christmas Days the mother shall have the second half of that school holiday period. 6.(4.) The father shall always have partial custody of the children on Father's Day from 9t00 a.m. to 9t00 p.m. and the mother on Mother's Day, even if that day would have otherwise been a day for custody of the children with the other parent. G. (b.) The father shall have some period of partial custody with each child on the child's birthday ¦nd on the father's birthday to celebrate the occasion. Likewlee, the mother shall always have time with each child on her birthday and on the child's birthday even it thee* days were ordinarily day¦ of the father's partial custody. 6. The portion agree that Dr. Robert Morten M.D. of Hamlin, Ph 19477, will continue to be the children'e pediatrician when the children are with the father, and accordingly , he will provide medical treatment to the children when necessary, at the father's expense for items not covered by health insurance. 7.The parties agree that each parent shall be entitled to have conferences with any physician , dentist, counselor, or other health care provider, treating th• children, and each parent shall be entitled to copies of reports regarding a child's treatment. gy The father agrees to call at least 24-hours before appearing for eni'wPu.trL . visit and to confirm theme prearranged periods of partial custody at least twenty-tour hours (24) in advance. The wife agrees not to unreasonably withhold consent for such visitation or periods of partial custody by the tether.. g.. Time to of the essence regarding the father's pick-up and return of the children for periods of the father's partial custody. The parties agree that if the father has not picked up the children within one hour, of the set time, that period of partial custody is forfeited by the 'father and the mother and children are free to make other plane, unless the tether has notified the mother in advance of an emergency situation which prevents his timely arrival. 1D ' The parties shell notify each other in a timely fashion it it is necessary due to an emergency or unforeseen circumstance tot him or her to be delayed at any of the times set out ICI herein. It to Intended, however, that time be of the •seence, and that the portion as strictly as possible comply with the times set forth herein. 11. The parties will notify and consult with the other party immediately in cease of medical emergencies thst`oocut while the children are In each parent's custody. 12 The father agrees to continue the children in and to transport them to and from their regularly scheduled activities which occur while he is in this area during his periods of partial custody. The mother agrees to keep him timely advised of theme events. f n?. The parties acknowledge that the child has the following medical conditions and that each parent will ensure that the recommended dietary, medical and environmental restrictions and treatments are adhered to, including but not limited to, noneaposure to animals and cigarette smoke, and that the children will receive all prescribed dosages of medication and treatment a directed by the physician. a. Christopher - croup and respiratory problems b. Brian - suspected colitis and 9metro intestinal problems it in acknowledged that thew health problems often occur at night, and the rather agrees to meek prompt medical treatment when the children are with him and such problems /? A1k{ lei. The ??/ql? 5F Iit / h?r ( hall f?i^twa pspotNtion to and from his, periods of partial custody. After March ll, 1996, the mother agrees to most the father one-half way at a mutually-49ree4- upon location in rrackvllls, PA, at such times as the father turning the children to the mother's custody. lg. The parties shall-okeherigs intent and,childron's car seats, with the mother providing these to the father as necessary when he picks up the children. The father shall promptly return the car cents to the mother-at the time he returns the children. 1f,. The father may have partial custody of the children during such additional periods an the parties shall from time to time agree, without tits need to modify the order of Court entered as a result of this Stipulation. I 5 1'?• The portion agree that the tether shall be allowed reasonable telephone time contact between himself and the children when the children are with the mother. Likewlw, when the children ere with the father, the mother shell be allowed reasonable telephone contact with the children. le' The portion agree that they shall obtain each other's written consent before removing the children from Pennsylvania, and they ale* agree to provide the other parent an emergency telephone number' and address in the event they do remove the children from Pennsylvania. 19. Neither parent nhall do anything which may estrange the children from the other parent or injure the opinion of the children as to the other parent, or which may hamper the free and natuFal development of the children's love or aftection for the other parent. LikewLse, each parent shall encourage their relatLvee not to belittle or disparage the other parent to the children. gyp. The parties agree that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the port of the other. CJ A I X11 . ?gr(A MCN •N r ? 'r IN MUSS MBBBBO?, the parties hereto intending to be legally bound by the terms herett, met forth their hands and meals this 40th day of October, 1999. Bu y D. • •, Bequ re c !! A oJo Attorney for Plaintiff Pi•intiff 10 Nest High Street 4 Car 910,011A 17011 A8 Ba mrrar , B q ire HICHABL A. J At M for Defendant At suite 78 loran on Life Building 678 spruce street Scranton, PA 18607-1916 f r • r COMMONWEALTH Of PENNSYLVANIA t t as COUNTY or CUMBERLAND I On this, the rL_//I day of ((f 1 '' /I , 19Zll, before ma, a Notary Public, the undersigned officer, personally appeared, MICHAEL A. JONES known to me to be the person whose name is subscribed to the within Custody Stipulation and Agreement, and acknowledged that she executed the same for the purposes therein contained. KWIYL1N A LAI'A It, Y+••.?, r ??. ?. C r%AK CumD vWq C to 1y 1?4I 1't?13?7 COMMONWEALTH Or PENNSYLVANIA COUNTY or CUMBERLAND n J.tj? 1; Notary P b c" On this, the IL ZI) day of 19•(x, before me, a Notary Public, the undersigned officer, personally appeared, CYNTHIA O. JONES known to me to be the person whose name in ¦ubscribed to the within Custody Stipulation and Agreement, and acknowledged that he executed the same for the purposes therein contained. NuLAWAI. M1'.AL MAJIYLYN A. LM'AO, MMI f MOW CetMn Currd+glWCwunl/ &Wjpb% I Q07_ 1 Notary Pub io -? RAYMONp W..FERRAR10, mc, • ATTORNRY•AT•LAW Own 636. SCRANTON LIIL BUILDING 606 6r111Jct 6TNItT SCRANTON, rtNN@VLVANIA 16000.1616 T[LR*?IONa1 171 71 660.7876 rAAI 17171 043,7090 CYNTHIA 0. JONESr I IN THE COURT OP COMMON PLEAS Plaintiff I OF CUMBERLAND COUNTY I PENNSYLVANIA VS s I CIVIL ACTION - LAN MICHAEL A. JONESt t IN DIVORCE Defendant s t 94-4024 CIVIL TERN esssssesseetesssesesseatsestresstossesseesssstsessss:stesssasssse NOW COMES DEPENDANT MICHAEL A. JONES through his ATTORNEY RAYMOND W. PERRARIO and requests the Court change venue of this case to the Court of Common Pleas of Wayne County, Pennsylvania. The following is alleged in support: 1. Defendant Michael A. Jones is a resident of Wayne County, currently residing at Box 318, R.D. 02, Waymart, Wayne County, Pennsylvania 18472. Defendant was served the Complaint in this case in Wayne County. 2. The marital residence of the parties is a single family home located at Box E9, R.R. ,fl, Lake Ariel, Wayne County, Pennsylvania. The home is still owned by the parties and is one of the primary marital assets of the parties. 3. Prior to separation on or about May 2, 1994, the parties spent substantially the entire period of their marriage in Wayne County. 1 4. The support action in this case was commenced and litigated by the Plaintiff Cynthia G. Jones, and actively litigated by the Plaintiff Cynthia G. Jones in Wayne County. 5. The Plaintiff unilaterally and improperly filed the divorce and custody action in Cumberland County although until very recently the Court of Common Pleas of Cumberland County was not actively involved in the litigation between the parties. Recently in August, Plaintiff requested the appointment of a divorce master in Cumberland County. No hearings have yet to be scheduled or conducted. 6. A custody agreement was entered between the parties due to the fact that Plaintiff Cynthia G. Jones would not allow the parties' children to be seen by their father, Defendant Michael A. Jones, until said custody agreement was entered of record in Cumberland County. 7. The primary issue to be resolved involves the economic issues of division of the marital assets in Wayne County and issues of alimony. Both issues will essentially involve use of witnesses from Wayne County - including real estate appraisers and salesmen, and persons acquainted with the vocational background of Plaintiff in Wayne county. 6. In accordance with Pennsylvania Rule of Civil Procedure No. 1006(d), proper venue lies-not in Cumberland county but rather properly in Wayne County. Proper venue should not be determined merely as a result of a "race to the Courthouse". 2 9. Transferring the case to Wayne County should not impede timely and fair disposition of the issues in this case. WHEREFORE, Defendant Michael A. Jones respectfully requests the Court transfer this case to Wayne County. Dated c AUG 17 IVE MAYMOND W. FORM RAYMOND W. FERRARIO, ESQUIRE Attorney for Defendant Michael A. Jones Attorney I.D. 0 35096 Scranton Life Bldg-Ste 528 538 Spruce Street Scranton, PA 18503 (717)963-7878 i 3 RAYMOND W. RERRARIO, P.C. ATTORNaY-AY•LAW suiva ego, SCRANTON LI/E OuiLOINO 534 frnuCE STREET SCRANTON. PENNSYLVANIA 19603.101! TaLiMMDNa1(717) 043.70741 /Aw 17171943-79110 CYNTHIA O. JONES? t IN THE COURT OF CONKON PLEAS Plaintiff t OF CUNEERLAND COUNTY t PENNSYLVANIA Va t t CIVIL ACTION - LAN MICHAEL A. JONSS7 t IN DIVORCE Defendant 1 t 94-4024 CIVIL TERM etetttetttetetteeeettetetteeetteetteteeeeteeeetttetteteetetttttet NOW COKES DEFENDANT MICHAEL A. JONES through his ATTORNEY RAYMOND W. FERRARIO and requests the Court change venue of this case to the Court of Common Pleas of Wayne County, Pennsylvania. The following is alleged in support: i. Defendant Michael A. Jones is a resident of Wayne County, currently residing at Box 319, R.D. #2, Waymart, Wayne County, Pennsylvania 19472. Defendant was served the complaint in this case in Wayne County. 2. The marital residence of the parties is a single family home located at Box E9, R.R. 01, Lake Ariel, Wayne County, Pennsylvania. The home is still owned by the parties and is one of the primary marital assets of the parties. 3. Prior to separation on or about May 2, 1994, the parties spent substantially the entire period of their marriage in Wayne County. 1 d. The support action in this case was commenced and litigated by the Plaintiff Cynthia G. Jones, and actively litigated by the plaintiff Cynthia G. Jones in Wayne County. 5. The Plaintiff unilaterally and improperly filed the divorce and custody action in Cumberland County although until very recently .he Court of Common Pleas of Cumberland County was not actively involved in the litigation between the parties. Recently in August, Plaintiff requested the appointment of a divorce master in Cumberland County. No hearings have yet to be scheduled or conducted. 6. A custody agreement was entered between the parties due to the fact that Plaintiff Cynthia G. Jones would not allow the parties' children to be seen by their father, Defendant Michael A. Jones, until said custody agreement was entered of record in Cumberland County. 7. The primary issue to be resolved involves the economic issues of division of the marital assets in Wayne County and issues of alimony. Both issues will essentially involve use of witnesses from Wayne County - including real estate appraisers and salesmen, and persons acquainted with the vocational background of Plaintiff in Wayne County. 8. In accordance with Pennsylvania Rule of Civil Procedure No. 1006(d), proper venue lies-not in Cumberland County but rather properly in Wayne County. Proper venue should not be determined merely as a result of a "race to the Courthouse" 2 90 Transferring the case to Wayne County should not impede timely and fair disposition of the issues in this case. METRE/ORE, Defendant Michael A. Jones respectfully requests the Court transfer this case to Wayne County. Dated: 'AU9 17 1995 /Z _ .' PAkRO_N!V,A. F RRARIO, ESQU RE Attor y for Defendant Mich el A. Jones Attorney I.D. 0 35096 Scranton Life Bldg-Ste 528 538 Spruce Street Scranton, PA 18503 (717)963-7878 I I I I I 3' ?' tj tl'?`,?ryry f ' I ' I' El r l' III IfI,, I r: r t v ,,,<h}.F ,'I' I, Al k r. i I'I=v3. hr U?+{LI,+A14,' ?It {ISa w`rLt?tbnt?ll,un wt,`I`. nip'hwrrl{euPrxYteilllpl?ra.lne;r.+wl!Intin emu: -t I+. I?w.,r,rll,t?, lra!',II tllr.-rrs,,?d1Y?,`a"i'`i ?@r t;1?11}?'7I'}'?, a ?? Il/1ir 11 I,r! ', I'11r? ({1li}r 'i r I.'I a Ill I•1111 I ` IrlcaS.ti?y - arr lk'rl ? , ? 1 'st i? I r; 1'! 1 ,1 i I}y1311}???t j t ri I 1+ "? n } I ,r,. l , j 1, (r 7'I NF. ', p, Ikrsiyy4?S ?F l;y?t 11 ?. III, rl' r Jot i. r I I , k I,VC 2 3 PM 1 Ir I ' ' ! il, ?e, I j, rill , , I ,. 1rV 1 411 1 11 LIl OFFICE y „'1 r II ?'4 Kit t I i ?. r „ UI 11`; f llI HONOTAFY {k I . I?, I ? "u?r'_Iu?NU cnunrr ,I ?'I ? ?r??,r 11N51'LVANIO I 'I?' v v I ,'i?3, ' 1 ? .' I _ r 111? I VI '1 II ,' , llrf 11 k?k ,; r r {Y 'I r Ti, I ?' I r } I r I I'1 ' ^I4:3?Y I i I ? . , ill t l j f, 1 I i I to ,Ix n 1 I Ifrt ,? d wAfFl+afw,?ia I+enwerk k,« n rl rl wr«.I P t, of +a M I of 41, M ((32?) t ? O r -o i q D ? 11) 91 ? Lj a , °d ,y a ci r I 1 RUBY 1). WEEKS,ESQUIRIi w_ _ rnv.xl•. I CMrI?77IIATTIIFwrrmN IA A rxLG TEN WEST HIGH STREET Nr xr xrnoul 1111 Will It A WON nn ANU COEEE[T UPY Of MR OAIOINAI. CARLISLL', PA • 17013 xrswin)f nr un rnrnutu FILED IN 70D ACTION (717) 243-129?? I9 1 ,I Y,)1' PAY) W)m CYNTHIA 0. JONES I Plaintiff t t Vs. t t MICHAEL A. JONES t Defendant IN THE COURT OF COMMON PLHAH OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CUST4 97 - Civil Tt r,» Nosy. NO. CIVIL 19`i ORDER Or COURT AND NOW, this ii± day of ) , I ?? , 19.?(J, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before I1,61j Z, 6, the conciliator, at on the '93((( t day of at <4i A .m., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a temporary Order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent Order. Un it suc time the parties meek with the conciliat th parties are dirac that the c ody of the children not to be changed the moth in or to inta he statue qu . FOR THE COURT., By: Custody Conc Setor r/ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU I NOT AVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 Jut 22 I al nnu r: )uliir trill. r I , , I r I/ , I CYMMIA 0. JONES, 1 IN THE COURT OF Comm FLEAS OF plaintiff CUMURLAND COUNTY? PENNSYLVANIA Vs. CIVIL ACTION - LAN 1 CUSTODY NICUM A. JONES, t Defendant t NO. CIVIL 199, ORDER OF COURT YOU, MICHAEL A. JONES, have been sued in Court to obtain custody, partial custody or visitation of the children, Christopher M. Jones, born 6/24/88 and Brian N. Jones, born 5/14/91. You are ordered to appear in person at Courtroom No. , Cumberland County Courthouse, Carlisle, Pennsylvania, on , the of , 19_, at _.M. for a hearing. Until such hearing, custody of the children shall be and remain with the natural mother, Cynthia 0. Jones. If you fail to appear as provided by this Order, an Order for custody, partial custody or visitation may be entered against you or the Court may issue a warrant for your arrest. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 Talephonet (717) 240-6200 BY THE COURT, CYNTHIA 0. JONES, t IN THE COURT OF COMMON PLEAS OF Plaintiff t CUMBERLAND COUNTY, PENNSYLVANIA t •s, t CIVIL ACTION - LAN t CUSTODY MICHAEL A. JONES, I Defendant t NO. CIVIL 19,;", COMPLAINT FOR JOINT AND SHARED CUSTODY TO THE HONORABLE, TOE JUDGES OP SAID COURTt 1. The Plaintiff is, CYNTHIA G. JONES, hereafter referred to as the natural mother, residing at Box 100, Boiling Springs, Cumberland County, PA, 17007. 2. The Defendant is MICHAEL A. JONES, hereafter referred to as the natural father, residing at R.R.01, Box E9, Lake Ariel, PA 18436, . 3. Plaintiff seeks legal custody of the following childrent a. KAW Present Residence 842 Date of Birth I, Christopher M. Jones Box 100 Boiling Springs, PA 17007 6 6/24/88 Brian N. Jones Box 100 Boiling Springs, PA 17007 3 5/14/91 b. The children are presently in the custody of the natural mother, who resides at Box 100, Boiling Springs, Cumberland County, PA 17007 1 C. The children have resided with the following persons and at the following addressee for the past 5 years: parson! Address Dates Mother 6 Father 1127 Black Bear Rd. Birth to 5/94 Indian Rocks Hamlin, PA. Mother P.O. Box 100 5/94 to present Boiling Springs, PA. 17007 3. Plaintiff has not participated as a party or witness, or in any other capacity, in any other litigation concerning the custody of the children j in this or another court. 4. Plaintiff has no information of a custody proceeding concerning the children pending in a Court of this Commonwealth. 5. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 6. Each parent whose parental, rights to the children has not been terminated and the person who has physical custody of the children has been named as parties to thin action. There are no other persons who are known to have or claim a right to custody or visitation of the children, so none will be given notice of the pendency of this action and the right to intervene. 7. Pursuant to the child custody law 23 Pa.C.S.A. 55301 gj, seg., the mother requests thin court to grant an award of legal custody to her. B. The mother requests primary physical custody of the children in that she is in a better position to provide consistent and stable care for the children and she is the parent more likely to assure that the children have a relationship with both parents. 9. The best interests and permanent welfare of the children and their physical, spiritual, emotional and moral well-being will be served by granting the relief requested of legal and physical custody with the mother. 10. Plaintiff-mother prays for an Order awarding legal and primary physical custody of the minor children, , Christopher M. Jones was born 6/24/88 and Brian N. Jones was born 5/14/91 to the Plaintiff-mother, with partial custody awarded to Defendant-father as this Court determines is in the best interests of the children. WHEREFORE, Plaintiff-mother prays for an Order awarding legal and primary custody of the minor children, Christophor M. Jones and Brian N. Jones to the mother, with partial custody to the Defendant-father as this Court determines is in the best interests of the children. Respect;lly submit/teed,, L " Dates Ct\(?(JCQ[?lJ-- Ruby D. week , Esquire Attorney for laintiff 10 West High Street COWMONM MT1 OF PENNSYLVANIA , an COUNTY OF CUMBERLAND , Personally appeared before me, A Notary Public in and for the Commonwealth and county aforesaid, the under-signed, being duly sworn according to law, deposes and mays that the facts set forth in the foregoing Complaint are true and correct. Sworn to and subscribed to before me this i9lt- da of Srl 1 C . ` 4,__. Mrc?an ?YBdOron? 1f, t Notary Public C- CYNTHIA O. JONE6, i IN THB COURT OP COMMON FLEAS OF Plaintiff i CUMBERLAND COUNTY, PENN6YLVANIA 1 vs, t CIVIL ACTION - LAN i IN DIVORCE HICHA6L A. JONE6, Defendant 1 94-4074 CIVIL TERN O RDE $ AND NOW, this day of 1996, a hearing is met _ for the day of , 1996, at _ _.M. in Courtroom No. _, fourth Floor, Cumberland County Cour tho use, Carlisle, Pennsylvania, on the Wife's Petition for Special Relief. BY THE COURT, CYNTHIA 0. JOHNS, plaintiff i i rs. e 1 HICNASL A. JONES, 1 Defendant i ORDER IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAN IN DIVORCE 16-6677 CIVIL TERM AND NOW, this day of 199,, after hearing in this matter, the Petition of Plaintiff for Special Relief is granted. Defendant in ordered and directed to make and keep current ¦ll outstanding mortgage payments on the marital residence within fifteen (16) days of this order. The Defendant is further ordered and directed to obtain a psychological evaluation and to promptly initiate mental health counseling. He is further directed to provide a copy of the evaluation and confirmation of counseling to Plaintiff's and Defendant's counsel, a¦ well as to this Court within sixty (60) days of this order. BY THE COURT, cl Ruby D. Weeks, Esquire, Attorney for.the Plaintiff Raymond ¦errario, Esquire, Attorney for the Defendant CYNTHIA O. JONES, t IN THE COURT Or COMMON PLEASE Or Plaintiff t CUMBERLAND COUNTY, PENNSYLVANIA t va. t CIVIL ACTION - LAW 0 n t IN DIVORCE i.: ' •? MICHAEL A. JONES, t Defendant t 94-6677 CIVIL TERi i PETITION FOR SPECIAL RELIE? COUNT I - NORTOAOE RELIS? _"?rtr COMES NOW, CYNTHIA JONES, Plaintiff-Petitioner, by her attarpsy-, Ru4i D. Wesks,Esquire, and petitions the court as follower 1. Your Plaintiff-Petitioner is Cynthia G. Jones, Box 100, Boiling spring, Cumberland County, Pennsylvania 17007. 2. Your Defendant-Reepondent in Michael A. Jones, 1127 Black Beer Road, Hamlin, Wayne County, Pennsylvania, 18436. 3. Since June 1995, Defendant-Reepondent has refused to make mortgage payments on the marital residence located at 1127 Black Bear Road, Indian Rocks, Hamlin, Pennsylvania 18427. 4. on May 2, 1994, PlaLntiff-Petitioner removed herself and the children from the marital residence because of the Defendant's physical abuse toward her. 5. At the time, Plaintiff-Petitioner was pregnant with the parties' third child, who was subsequently born on October 26, 1994. 6. The Plaintiff-Petitioner is unemployed and is a full-time caretaker for the parties' children who are Christopher Jones, born June 24, 1988 and Brian Jones, born May 14, 1991 and Rachel Jones born October 26, 1994. 7. On December 19, 1995 the Plaintiff-Petitioner wag served with mortgage foreclosure documents from LA Bank, N.A. since the Defendant-Respondent has refused to make the aforementioned mortgage payments. 8. The marital residence in the major asset in the divorce and the Defendant-Respondent has threatened to let it go to foreclosure unless the wife deeds her interest to the husband. 9. The wife has no income other than the spousal and child support she receives from the husband and has no way to make the mortgage payments current to prevent the foreclosure. 10. The marital residence is presently listed with Coldwell Banker Realtors in Hamlin, Pa. for 662,5001 there is an outstanding mortgage of 452, 760.79 which includes Interest to 11/16/95 and late charges, to LA Bank, N. A. COUNT II - REQUEST FOR DEPENDANT TO UNDERGO PSYCHOLOGICAL EVALUATION AND COUNSELING 11. Paragraphs 1 through 10 are hereby incorporated by reference and made a part hereof. 12. Following a period of partial custody with the rather-Defendant- Respondent on November 26, 1995, the child, Christopher was returned by the father severely bruised on his buttocks after having been "disciplined" by the father in an apparent angry rage. WHEREFORE, Plaintiff-Petitioner seeks to have Defendant-Respondent directed to make current all outstanding mortgage payments to prevent the foreclosure on the marital residence and to have him court-ordered to received counseling and a psychological evaluation for his rages and mental health i problems. Date, 1' vZ' 4 , Respectfully, / ,.1 ?l 1" Ruby D. Weeks,' Esquire Attorney for the Plaintiff-Petitioner 10 Went High Street Carlisle, Pennsylvania 17013 (717) 243-1294 r COMMONWEALTH or PENNSYLVANIA f COUNTY OF CUMBERLAND t n I, CYNTHIA G. JONES, appeared before me, a Notary Public, in and for the Commonwealth and County aforesaid, the undersigned, being duly sworn according to law, deposes and says that the foregoing PETITION FOR SPECIAL RELIEF are true and correct to the beet of my knowledge, information and belief and are made subject to the penalties of IS Pa.C.S. $4904 relating to unsworn falsification to authorities. CYNTHIA 0. J S,I TIF - TITIONER Sworn to and subscribed to before1 me this _4ZaLl dayJ' ARYI• r L 1 G ,' I'd R , `n• f u?•Pt vd.IT, r. ??I :rd ?. 1 ?';r i Cmnni i •, h_, i,,; _.r Y fame 1 ', 1U97 F0Aj ' ?ltt_lr f I V !l ?d ?' o ary , c r ? to tilt 3r .I t U u, C} i 0 5F' IA nn ?^?i Or N a ??yy77 !r]? Q/? On N > h W N I t"? H 0 R D ? C N W~ rWC V '1 4) m Oa ti N ?' W A W Go-1r z pWp{??t °a 0 N0H N F Fu o F ~ Q a z ?j H i Y /r• -r•' ? RUBY D. lVL'F.'ti.S, ESQUIRE ro lr'/'''?' ? vounxt I nprtvv nur rm• wmlIN IS n I xrt. TEN WEST HIGH STREET urxtxv nnntuu to wu:nwxr)rnn _ AND(OxYfCrruvv01, rill-nxxdNni CAPLISLEv PA 17013 xrsinwvo- wnu, reruraru r'; ?• HIMrIN rllq nCIION (717) 243-1294 wp OjN IWt Nrv,Sx Dnvxrxom R...' , CYNTHIA 0. JOWNG, 1 IN TUN COURT OF COMMON FLEAS OF Plaintiff 1 CUMBERLAND COUNTY, PSMNSYLVANIA t vs. t CIVIL ACTION - LAN t IN DIVORCE NICHAHL A. JONES, t Defendant 1 94-0026 CIVIL TNRN ORDER AND NOW, this day of , 1996, a hearing it Get for the day of , 1996, at _.M. in Courtroom No. _, Fourth Floor, Cumberland county courthouse, Carlisle, Pennsylvania, on the Wife's Petition for Special Relief. BY THE COURT, i 1 CYNTHIA 0. JOURB, I IN THE COURT OF COMMON FLEABE OF Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I vs. I CIVIL ACTION - LAW IN DIVORCE MICHAEL A. JONES, Defendant t 94-6877 CIVIL TERM ORDER AND NOW, this day of _199_, after hearing in this matter, the Petition of Plaintiff for Special Relief in granted. Defendant is ordered and directed to make and keep current all outstanding mortgage payments on the marital residence within fifteen (15) days of this order. The Defendant In further ordered and directed to obtain a psychological evaluation and to promptly initiate mental health counseling. He is further directed to provide a copy of the evaluation and confirmation of counseling to Plaintiff's and Defendant's counsel, as well as to this Court within sixty (60) days of this Order. BY THE COURT, cc Ruby D. Weeks, Esquire, Attorney for the Plaintiff Raymond Ferrario, Esquire, Attorney for the Defendant NL CYNTHIA 0. JONES, I Plaintiff r t vs. t t MICHAEL A. JONES, t Defendant t IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE 94-6677 CIVIL TERM PETITION FOR SPECIAL RELIEF COUNT I - MORTGAGE RELIEF COMES NOW, CYNTHIA JONES, Plaintiff-Petitioner, by her attorney, Ruby D. Weeks,Esquirs, and petitions the court as followst 1 2. 3. 4. 5 6 7. 8 Your Plaintiff-Petitioner Is Cynthia G. Jones, Box 100, Bolling Springs, Cumberland County, Pennsylvania 17007. Your Defendant-Respondent is Michael A. Jones, 1127 Black Bear Road, Hamlin, Wayne County, Pennsylvania, 18436. Since June 1995, Defendant-Respondent has refused to make mortgage payments on the marital residence located at 1127 Black Bear Road, Indian Rocks, Hamlin, Pennsylvania 18427. On May 2, 1994, Plaintiff-Petitioner removed herself and the children from the marital residence because of the Defendant's physical abuse toward her. At the time, Plaintiff-Petitioner was pregnant with the parties' third child, who was subsequently born on October 26, 1994. The Plaintiff-Petitioner is unemployed and is a full-time caretaker for the parties' children who are Christopher Jones, born June 24, 1988 and Brian Jones, born May 14, 1991 and Rachel Jones born October 26, 1994. On December 19, 1995 the Plaintiff-Petitioner was served with mortgage foreclosure documents from LA Bank, N.A. since the Defendant-Respondent has refused to make the aforementioned mortgage payments. The marital residence in the major asset in the divorce and the Defendant-Respondent has threatened to let it go to foreclosure unless the wife deeds her interest to the husband. 9. The wife has no income other than the spousal and child support she receives from the husband and has no way to make the mortgage payments current to prevent the foreclosure. 10. The marital residence is presently listed with Coldwell Banker Realtors in Hamlin, Pa. for $62,5001 there is an outstanding mortgage of $52, 760.79 which Includes interest to 11/16/95 and late charges, to LA Bank, N. A. COUNT 11 - REQUEST FOR DEFENDANT TO UNDERGO PSYCHOLOGICAL EVALUATION AND COUNSELING 11. Paragraphs 1 through 10 are hereby incorporated by reference and made a part hereof. 12. Following a period of partial custody with the Father-Defendant- Respondent on November 26, 1995, the child, Christopher was returned by the father severely bruised on his buttocks after having been "disciplined" by the father in an apparent angry rage. WHEREFORE, Plaintiff-Petit loner seeks to have Defendant-Respondent directed to make current all outstanding mortgage payments to prevent the foreclosure on the marital residence and to have him court-ordered to received counseling and a psychological evaluation for his rages and mental health problems. Dates Respectfully, o?.?1?:lti Ruby D. Weeks, Esquire Attorney for the Plaintiff-Petitioner 10 West Nigh Street Carlisle, Pennsylvania 17013 (717) 243-1294 COMMONWEALTH OF PENNSYLVANIA I I as COUNTY OF CUMBERLAND I I, CYNTHIA 6. JONES, appeared before me, a Notary Public in and for the Commonwealth and County aforesaid, the undersigned, being duly sworn according to law, depose¦ and says that the foregoing PETITION FOR SPECIAL RELIEF are true and correct to the beet of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C,S. $4904 relating to unsworn falsification to authorities. /6;?- CYNTHIA G. J S, AI T FF- TITIONER Sworn to and subscribed to before me this 7.i e( day -? r MAFYI o ary , "qlLc , RAYMOND W. FIERRARIO, P.C. ATTOITNLY•AT•LAW SUITE 529. SCRANTON LIFE BUILDING 535 SPRUCE STREET• SCRANTON. PENNSYLVANIA 16503. BIB TBLtM1oNaI (717) 048-7674 U1, I J u I-JUJ f TAM: 17 1 71 043-7060 CYNTHIA O. JONEBE t IN TEE COURT OF COMMON PLEBE Plaintiff t OF CWIEERLAND COUNTY I PENNBYLVANIA Ve t t CIVIL ACTION - LAN NICEAEL A. JONEB0 I IN DIVORCE Defendant t 1 94-4024 CIVIL TERN ertrrrrtreeeerrrrrrerrrrerrreeereirrrrrrrrtetrereeetrtteeerreetrr RULE RETURNAEjIZ AND NOW THIS jjad day of AldV102,614 , 1995, Plaintiff Cynthia G. Jones is hereby Ruled to Show Cause, if any she may have, why venue in the above matter should not be transferred to the Court of Common Pleas of Wayne County. RULE RETURNABLE on the/3" day of AZO M mAke , 1995. Hearing, if necessary, to be held on the jAd day of - UAAWAZ./7 , , at at Courtroom 01, _ 4/ tA_ Floor of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY TH CO[JRT: 1 (? - - ,, /(- - - C k 1- J. I I. ', I lil n I I I r? I _, ?? 1f f r }11 ]I +?4r1 { k I1IflFi6?l?rl. I ?. r I ( isri ? I r 1, f4ZFfl( rl I ?`?(Slr e. flf?rt-}Tfl??"'RT?7?'4zeJ I I ' ' ?? . .. '. f y Nov qN ?gS F t 9uM?F(?i,?•((oti-r?•? .r I I PENNSY?VA o04 JtiY) ?Frli r f.ll I i;f r r I I, Ir I , r r r `R 'I f b' I 'fly i I ' r ' I r I 1 CY"RIA O. JONRNe I IN TRR COURT OF COMMON PLEAD Plaintiff I OF CUMEERLAND COUNTY I PENNBYLVANIA VS t t CIVIL ACTION - LAN MICRAIL A. JOKE/o I IN DIVORCE Defendant t t 94-4024 CIVIL TERM titttitittttltittttttttttttititttitttttitittttittttttittttttltttt PETITION POR CHANGE OP VENUR NOW CONES DEPENDANT MICRARL A. JONES through his ATTORNEY RAYMOND N. PERRARIO and requests the Court change venue of this case to the Court of Common Pleas of Wayne County, Pennsylvania. the following is alleged in support: 1. Defendant Michael A. Jones is a resident of Wayne County, currently residing at Box 318, R.D. J2, Waymart, Wayne County, Pennsylvania 18472. Defendant was served the Complaint in this case in Wayne County. 2. The marital residence of the parties is a single family home located at Box E9, R.R. 010 Lake Ariel, Wayne County, Pennsylvania. The home is still owned by the parties and is one of the primary marital assets of the parties. 3. Prior to separation on or about May 2, 1994, the parties spent substantially the entire period of their marriage in Wayne County. 4. The support action in this case was commenced and litigated by the Plaintiff Cynthia G. Jones, and actively litigated by the Plaintiff Cynthia G. Jones in Wayne County. 6. The Plaintiff unilaterally and improperly filed the divorce and custody action in Cumberland County although until very recently the Court of Common Pleas of Cumberland County was not actively involved in the litigation between the parties. Recently in August, Plaintiff requested the appointment of a divorce master in Cumberland County. No hearings have yet to be scheduled or conducted. 6. A custody agreement was entered between the parties due to the fact that Plaintiff Cynthia G. Jones would not allow the parties' children to be seen by their father, Defendant Michael A. Jones, until said custody agreement was entered of record in Cumberland County. 7. The primary issue to be resolved involves the economic issues of division of the marital assets in Wayne County and issues of alimony. Both issues will essentially involve use of witnesses from Wayne County - including real estate appraisers and salesmen, and persons acquainted with the vocational background of Plaintiff in Wayne County. 9. Venue best lies-not in Cumberland County but rather properly in Wayne County. Proper venue should not be determined merely as a result of a "race to the Courthouse". 90 Transferring the case to Wayne County should not impede timely and fair disposition of the issues in this case. WNEREFOREp Defendant Michael A. Jones respectfully requests the Court transfer this case to Wayne County. i Dated: RAYMOND,, W. FE?RRA I0, ESQUIRE Attorney for Defendant Michael A. Jones Attorney I.D. / 35096 Scranton Life Bldg-Suite 528 538 Spruce Street Scranton, PA 18503 (717)963-7878 WO,4k. rl ?IM.q?l?pl'tK?'n?4{?41M+MWhA!m rt4vl?"axM!154???N!M?FRd?M1?YlYYAMt! ,. r f lyl• In r11M ? r' I ? ? ' 'act 21,' 53 PN '95 r I In IQr r l?Att}' 1 r CI', 'v?l?i" I I. rIP vII '{?. I r - I 1 .r :r?'t. ak ?l ( - I i r k I '. 'rl 11, .a 101 1 r rlf l+r if t ? { i. ? r L I r 1 Vic' ?x. •( r/3/?s `A".- y FIr I r '!1?1 HMrnl Mw.In?wvlNw M-nw1 .?+. r...... .. • • ? • i .. .,.r-w Mar.y?attMwuu'..rhI .•-•. ' ? I r R 1 ^ + r t ?'r F r 1 'S 17 t' M ryrtn'»??•.... f' r 1 ., 1' Ql? -am I j CYNTHIA 0. JONES, rZN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA r v MO. 4024 - CIVIL - 1994 MICHAEL A. JONES, :CIVIL ACTION - CUSTODY COURT ORDER fit AND NOW, this r day of ? , 1994, the Conciliator being advised tat the parti s ave reached an agreement, the Conciliator relinquishes jurisdiction. Hubert X. Gi roy, squ re Custody Concilia or - if, I ` , 111 _ le 1 ? p ' 1°•ul 1? ?ji ?,P ?' ????'111 ? 11? 11 a !. u' Mill 5 1 •. ep' , 1 , M ., u l I' LI. . 5l' ` I I .r dl li, l 1 r. I ,' ir -f pp le f( t r I?>; i r ? I 1 I I'f 1 °11, f' I, 1 ' r ° r I 1 r 11 '12 P li 11 I ??I 4, I 1 I I I 1 { ,j l I + pp441 f " r r l 1 Oc? 4 8 I 1 ? I L ¢ dg1 - {I r, ', I?I M If 'f(lhli lL•?!:?? 1 1 "`'tl ? ? I d r IC I' 'Jr „ ?II 'll I I ? ' I I , !! IIII'Irk I I al.i 1 rl I ,1 I' la I, r '•I 1 liL lf r ? Y 71,. 1 r I 'I "? ?? 1 I !r $M I ( I 1 r ' ' 14 I ? 5 r 1 r n ,? rl ? 1 I 'kf I, 1. r .l'• { I r l .iii VIII '.. ' II c ? 1 if { ?1 e . ? r f , i i 1 r , i r y If It •1?{ Ir i { ? , I r . it r " f 1 1- w nrr-.n•wl wlw r r° 4.,r, n r • ••*'•••.?.•?1'wj•'•- 'i YIII I'??+ 10 Il: ? 1 t?? `` If - • ? W - I elpl ? n f •.,Ie Yl , , / . . y SHERIFF'S RETURN COMMONWEALTH OF PENNSYLVANIA In the Court of Common Pleas of COUNTY OF CUMBERLAND Cumberland County, Pennsylvnaia Cynthia G. Jones No. 94-4024 Civil Term VS Michael A. Jones R. THOMAS KLINE, Sheriff, who being duly sworn according to law, says, that he made diligent search and inquiry for the within named defendant, to wit: Michael A. Jones but was unable to locate him in his bailiwick. He therefore deputized the sheriff of Wayne County, Pennsylvania, to serve the within Order of Court and Complaint For Joint and Shared Custody On August 15, 1994 the attached return from Wayne this office was in receipt of County, Pennsylvania. Sheriff's Costs: So answers: Docketing 14.00 Out of County 5.00 ! Surcharge 2.00 Wayne County g 25.00 R. THOMAS KLINE, Sheriff Sworn and subscribed to beforepme batty 8-15-94 this k day of dt ?4 L_ 19 (i4-, A D q ?,,JL . J h1tA e Prothonotary V c- In The Court rr C=rnmon Flees c:T Cus.::.::t -%=nd ; , P nrsyhvartic: Cynthia G. Jonon 'i S. Michael A. Jnnon lo. _'14-±024 Civil Tenn a tiow July 25, 1994 :9 ! S-R 1? =7 OF C M3=. ' AND COLNTY ?A do o . - . . _, , ., a^bv d.rttcL-- d_-- 5n=i6 of Wayne Coumy to e:r_ste .pis .V ?-, ,u. apum:im b. ! T •-"1_ it •L-.- --ju=t _d :ik of -e - ^ .,. Snect:I at CL._..erlsed Cauap, N. A ndavit of Se.-ace low August ± 94 -_ 12:20 O' 'eel P ?rL ,^- ed _G wits' Order/ ComplaLrt lroa Michael A. Jones, lxxrsonally _? - it _ Ilis Work Place - Loveshaw Corp. , South Canaan, Po: by ancn; to Him, personally _ I znd ^, mown to h c•ov of __ a r-al -_ Qxsicr/ Q=l int _ So ar_swc-", Stanley Itudrmicz, Deputy Sheriff scr._z of Wayne County. ?a. William M.Illuff ccSTs Swan and rtcsc:eed mere _: •::. day of __ SEXV-IC S !o_ Jf - 1GE A.MMAVIT ?1w1.,.? ?• TWAplaintiff V t (.y/?t h " Defendant tIN THE COURT OF COMMON PLEAS OF tCUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :NO. ` 1+LJv3L) CIVIL 19 :CUSTODY/VISITATION ORDER OF COURT AND NOW, this upon consideration of the attached complaint, it is hereby directed that the par?les and their respective counsel appear before I4uLr t t 61 f . Y N ?y , the conciliator, at Lt" (?.m .T- U.4? bw?•? on the ?day of , 19 , at Al- M. . fo a Prehearing 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. Either party may bring the child who is the subject of this custody action to the conference, but the child/children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT: Custody Co ciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO , ? TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, FOURTH FLOOR CARLISLE PA 17013 (717)240-6200 , duc 7!? 2 N4 PM '95 ru,? , ? ?r.N,;afir zr, I RAYMOND W, RERRARIO, P.C. ATTQ11 ISY-AT•LAW SUIT[ 828, SCRANTON LIf[ 11UILOIN6 876 6?NUC6 BTBBBT SCRANTON, P[NNBVLVANIA 16807.1816 'RLBM MIts 17171663-7674 ?Ax, 17 1 71 663-7640 AUO 1 /, Iggi " . O MICHAEL A. JONES,, I IM THE COURT OF COMMON PLEAS Petitioner I OF CUMBIRLAND COUNTY 1 PENNSYLVANIA Vs 1 / CIVIL ACTION - LAW CYNTHIA O. JONESO t CUSTODY Respondent 1 1 94-4024 CIVIL TERM 911/1/9111 1119111 i//19111111111111:1 M 99:111: 11 t1111111111111111 Respondent Cynthia A. Jones is hereby ruled to show cause, if any she may have, why the special Relief sought by Petitioner Michael A. Jones should not be RULE RETURNABLE the 1995. Hearing to be conducted , 1995, at of the Cumberland County Court granted. _ day of 1 on Vhe M. ,?oute, Carlisle, _ day of , at Room Pennsylvania. MICHAEL A. JONES, I IN THE COURT OF COMMON PLEAS Petitioner t OF CUMBERLAND COUNTY t PENNSYLVANIA vs t t CIVIL ACTION - LAW CYNTHIA O. JONES, t CUSTODY Respondent s t 94-4024 CIVIL TERM tettttstatssstis18:tts:ttsstat:istssastest1ttts:sasttsesttttetett NOW CONES PETITIONER MICHAEL A. JONES, through his ATTORNEY RAYMOND N. PERRARIO, and requests the Court grant Special Relief in custody. The following is alleged in support: 1. Petitioner (P) is Michael A. Jones, who is an adult and competent individual residing at Box 318, R.D. #2, Waymart, Wayne County, Pennsylvania 18472. 2. Respondent (R) is Cynthia G. Jones, who is an adult and competent individual residing at Box 100, 219 Front Street, Boiling Springs, Cumberland County, Pennsylvania 17007. 3. The parties have joint physical custody of 3 minor children namely Christopher Jones, born 6/24/88, age 7; Brian Jones, born 5/14/91, age 4; and Rachel Jones, born 10/25/94, age 10 months. 4. An agreement of the parties was ratified by Judge Harold E. Sheely on 8/4/94. 1 5. The children primarily reside with their mother Cynthia G. Jones in the residence of her parents, Leo and Audette Gelinas. Also residing at the residence and working at the residence is Michael Gelinas, brother of the Respondent Cynthia G. Jones. 6. Michael Gelinas has been involved in at least one previous occasion where he has improperly assaulted a young boy and is believed to be a pedophile. 7. This information was obtained by Petitioner Michael A. Jones in November 1994 and promptly conveyed through counsel to Respondent Cynthia G. Jones so that adequate protective measures would be taken to assure that Michael Gelinas does not have the opportunity to be alone, unsupervised with the minor children. 8. the Respondent gave vague, general assurances that the children would not be left alone unsupervised with the minor children of the parties. 9. Since said confrontations in November-December 1994, the Petitioner Michael A. Jones believes that the children have been left alone in the charge of Michael Gelinas and that Respondent Cynthia G. Jones has not implemented any safeguards to assure the safety of the parties, minor children. Petitioner Michael A. Jones respectfully requests the Court grant the following special relief in the best interest of the children: 2 1. That primary physical custody be changed to be with Michael A. Jones until Respondent Cynthia G. Jones is able too (a) present proof to the Court of a new residence away from the home and work place of Michael Gelinas or that Michael Gelinas no longer is employed, nor resides or regularly visits the home or building where the partieso minor children primarily reside; and (b) that the Court grant such other relief as it deems just in the best interests of the children and the parties. Dated: I7 RAYMON . FERRARIO, ESQUI Attor for Petitioner Micha 1 A. Jones Attorney I.D. / 35096 Scranton Life Bldg-Ste 528 538 Spruce Street Scranton, PA 18503 (717) 963-7878 3 rrlMVl I ? i I 1 ' I' t I ?1?1 ? II 14 I 1 fl 4 1 1 I k 4 ' 1 . ip.') 41 i?(G • )I ` rll dl °li 1 1 {??) 1 ??pi?f1161 oml »kMrll, wr.'1I4€;-.?YaY??Y 41.Ik 1.' I I} 1 b •'p.N ?1 I n .lia,{Iti,1 1 0. 4M1111 1 M'Ir i! 1N411! t`,MN 1 t f • r `ir:= 1 r..... a.u.wx..r•r.?wrr . I III I f4til I .9f11 t I n , I u Ir? \{ ?)hit I 1 ? i 11 , 1111 I r , I 0y4 J1 ??Ijl I 1.. I II If ??7 }f s4?11 Ir I ' I ..11 ii?JStl 2 Ml ?? i%tSl ?ir,i pYG 73 „?.1:!,•OFf1CE 'fNC FROTNOCOOU 1Y } i Of AND F ?` (1,?'ll CUMBM YLAN" fITt I It+" 1 '1'r? , PENHS LI , f , ?ItYI H }?(}Il kYfj Y}? } Ili 1 1 .? 1 I r I t li l'G arTc I , I i. X 111> 11 4 I ?; I'I I 1 I I{J I`}? 1 `If ll} 1'Ir , 1 1 ;?.} } Il 111 1111 1'y 1, '..4, I ? I i 1 I 11? 4, x? ? I 1 l' 11? I 1 , I ?. J, I i I 1 fl l? 1 1' 11 11?} I i f " ' 1 I '? ? I rii I , 11 1 J. i ? i II I 'I I II}1 R 11 1 I I - _ - 1 1 4 1 1 1 I I.. .i? it I _, r 11 4r 1 1. it II I , r ? I ' 1 II r?' I11 rf?r i 1 Y I . 1 ? I' I . 1 1 IA 1?? 1 ? ? r ? ' I?1 Il}IA II {r 1 F II?1 I i • _ i 1? , I 4rlf .4 III?eA...lll ; r I .16 1 1`IY 1 t ?I 1'• 1? ? ? II 'l 411,111 rl I , r i ? 1 ? i ?{ I I I I A » `f „ AM , 41 li ,? I I' .i S It'1 ) A }5`?'lN'sba d. .14"- I CYNTHIA G. JONES, Plaintiff V. MICHAEL A. JONES, Defendant t IN THE COURT OF COMMON PLEAS OF t CUMBERLAND COUNTY, PENNSYLVANIA t ? t NO. 94-4024 CIVIL TERM t t NO. 94-6677 CIVIL TERM t t CIVIL ACTION - LAW l ORDER AND NOW, this •1 r day of MARCH, 1996, Michael Jones' petition to transfer venue of this action to Wayne County is DENIED. Cynthia Jones' petition for special relief is likewise DENIED. However, Michael Jones is ordered and directed to resume mortgage payments on the marital real estate immediately and to continue payment each and every month until the property is sold. Finally, with regard to the custody transfer issue, it is ordered and directed that from the beginning of Daylight Savings Time in the Spring to the end of Daylight Savings Time in the Fall, the parties shall meet halfway to exchange the children when they are returning from their father's care. At all other times, Michael Jones is responsible for transportation. Also, Cynthia Jones is ordered and directed to work with Michael Jones in order to facilitate a satisfactory arrangement for picking up the children on Fridays in the event that Michael Jones cannot take time off from work. Ruby D. Weeks, Esq. For the Plaintiff Raymond W. Ferrario, Esq. For the Defendant By the Court, -c<.4 T c N F ? Harold E. Sheely, P.J. :old m^r• i:;?,?no,,;,4,-,; ;r ? f??? ? ' I ,, ,,-- ?i.,?ii ?.,??„ wr???a?ii,,,?:'?, ?' ?? ,, ? ' i I ? 1 ? ?. iI , ? ?? ? 1 ? i I '. i i ' ' ?. ? I 1 1 ,I ? ' i ? ? I ? ? ? ' ? ? I I i ?. ? 1 I i ' ? I I , ? ? , i 1 i , i i ? f i i ? i. 1 I I ? ? ? ?' i. ? . ' I ?. CYNTHIA O. JONES, t Plaintiff t t V. t t MICHAEL A. JONES, : Defendant t t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-4024 CIVIL TERM CIVIL ACTION - LAW NO. 94-6677 CIVIL TERM Before the court are two petitions: the petition of Cynthia Jones (Wife)for special relief and the petition of Michael Jones (Husband) to transfer venue in this case to Wayne County. We are also called upon to settle a custody dispute about transportation that could not be agreed upon in front of the custody conciliator. We held a hearing on January 3, 1996, from which we made the following findings of fact. FINDINGS QF FACT 1. Husband is an adult male, 33, who resides at Box 318, Rte. 2960 Waymart, Wayne County. 2. Wife is an adult female, 30, who resides at 219 Front Street, Boiling Springs, Cumberland County. 3. The parties married on April 19, 1986, and separated on May 2, 1994. 4. They are the parents of three children: Christopher, 71 Brian, 41 and Rachel, 1. 5. The major assets of the parties are the funds contributed by Husband to his retirement plans during the marriage and the jointly owned marital residence located at 1127 Black Bear Road, Hamlin, Wayne County. NO. 94-4024 CIVIL TORN 6. Husband is employed by a subsidiary of the Illinois Tool Works in Wayne County, earning approximately $32,000 per year gross. 7. He is also an officer in the Pennsylvania National Guard, from which he earns approximately $9,000 per year gross. 8. Wife is not employed, although she is a college graduate and certified teacher. 9. Husband pays $287 per week in child and spousal support. 10. Under the current custody order, Wife has primary custody of the children, and Husband has them for two weekends per month. 11. It is, at minimum, a three hour trip from Husband's residence to Wife's residence. 12. At the beginning of the current custody arrangement, Husband would make the six-plus hour round trip to pick up and drop off the children on his weekends. 13. Lately, the parties have been meeting halfway to exchange the children on Sunday of Husband's weekends. 14. Wife does not own a car and must depend on her parents for transportation. 15. On Fridays of his weekends with the children, Husband must leave work early in order to pick up the children on time, and he has indicated that he may not be able to continue to do eo. 2 NO. 94-4024 CIVIL TERM 16. Wife is afraid to be alone with Husband because he has been verbally abusive and physically threatening to her in the past. 17. The mortgage balance on the house is in dispute, but in any event is in excess of 450,000. 18. The parties have attempted to sell the house, to no avail, and could not come to an agreement in order to facilitate rental of the house. 19. Mortgage foreclosure proceedings have been instituted by the mortgage holder, L.A. Hank. 20. On November 26, 1995, Husband disciplined Christopher by spanking him through his clothes. 21. A photo taken the day after the spanking indicated severe bruising on Christopher's buttocks. First, we will address Husband's petition to transfer venue of this action to Wayne County. Husband contends that this action should be transferred to Wayne County because, among other things, the parties' jointly owned real estate is located there and all witnesses related to his employment and earnings are located there or in that area. Wife responds that this action has been properly filed here and should not be moved. We note initially that Pa.R.C.P. 1006 states: (e) Improper venue shall be raised by preliminary objection and if not no raised shall be waived... 3 NO. 94-4024 CIVIL TERM In this case, Judge Bayley of this court previously dismissed a preliminary objection based on venue. Thus, the venue issue has been decided, and a later petition to transfer venue should not be considered. However, even if we were to consider the petition, it is clear to us that venue in Wayne County is as inconvenient for the Wife as venue in Cumberland County is for the Husband. Furthermore, the testimony adduced at the hearing contained no information that would compel us to assail Judge Bayley's decision. The petition to transfer venue is therefore denied. Next, we shall consider the custody/transportation issue. As it stands now, Husband has a round trip in excess of six hours when picking up the children. The trip time is cut in half on the Sunday trip to return the children when the aforementioned exchange is made halfway. Husband desires to use the halfway meeting point on both trips. However, Wife has indicated that the halfway exchange on Sundays is not feasible for her because her father will no longer accompany her and she refuses to meet Husband alone. The hearing testimony indicated that the halfway exchange is made at a Mc Donald's restaurant at the Frackville exit of Interstate 81: a decidedly public place. Wife, however, fears abuse if she meets Husband alone. Husband states that since his employer has changed, he cannot leave in time to pick up the children in Boiling Springs at 600 P.M. on Fridays. Therefore, 4 NO. 94-4024 CIVIL TERM Husband avers, the halfway meeting point is not only convenient, but necessary. Both Husband and Wife are credible witnesses. However, since they could not agree on this issue, we are forced to forge a compromise for them. We find that the halfway meeting point in Frackville is a good system. However, we are equally cognizant of Wife's fears. Therefore, we will fashion an order directing that the halfway meeting point shall be utilized, on the Sunday return trip only, from the beginning of Daylight Savings Time in the Spring until the end of Daylight Savings Time in the Fall. Thus the exchange during that part of the year will be made in daylight in a public place. We are also fully aware of Husband's difficulties with work and his long round trip. We therefore order and direct that Wife shall give him as much leeway as possible in arranging times to pick up and drop off the children. Additionally, we note that we would be willing to consider a change in the above arrangement to require a halfway meeting on both trips if it is shown that Wife has obtained her own automobile. Finally, we will address Wife's petition for special relief. The petition contains two counts, one for mortgage relief and one to compel Husband into psychological counseling. Regarding the mortgage payments, the evidence at the hearing indicated that the mortgage has not been paid in about six months and that foreclosure proceedings had been instituted by the mortgage 5 NO. 94-4024 CIVIL TERM holder. Because neither party was sure about the exact amounts at issue, Husband's counsel represented to the court that he would obtain up-to-date information about the foreclosure proceedings. He has provided the court with that information in a letter dated January 17, 1996. The letter stated that the mortgage on the jointly owned real estate has been in default since July 1, 1995. As of January, the principal, interest and late charges due amounted to $2,851.80. The mortgage balance is approximately $54,000. The present attorney fees for the foreclosure proceeding are approximately $500 plus an additional $200 for filing costs and service fees. The holder of the mortgage, L.A. Bank, has assigned the mortgage to Freddie Mac. The assignment, according to Gary Lavelle, Assistant Vice President of Assets for the bank, and Paul Horger, counsel for the bank, has greatly limited any discretion that the bank would have had in dealing with this foreclosure. Lavelle and Horger indicated that, in order to satisfy Freddie Mac, the arrearage would have to be paid current within three or four months. Lavelle also stated that it is unlikely that Freddie Mac would accept a rental arrangement, because that would neither pay the current debt nor take the property out of foreclosure. Furthermore, Lavelle and Horger both stated that an arrangement whereby the property is sold would be infinitely preferable to any rental scheme. On January 24, 1996, the court received a response letter 6 I A.L. NO. 94-4024 CIVIL TERM from wife's counsel. The letter states that the principal payment due as of January 22, 1996, is $50,776.30, and that interest and late fees amount to $2,971.33. Wife agrees that the attorney fees for the foreclosure are $500, but disputes the costs associated with foreclosure. Upon speaking with Horger and Lavelle, Wife's counsel learned that any rental scheme, to be acceptable to Freddie Mac, would require a rent payment of $1100 and is therefore not feasible. The letter from Wife's counsel also indicates that Wife has re-listed the property with Century 21 Real Estate for $60,000, which she wishes to reduce to $59,000. In her petition, Wife avers that her only income is the support she receives from her husband, and that she has no way to make current the mortgage payments. She desires an order from the court directing the husband to make current the mortgage payments in order to prevent foreclosure. Husband represents that he does not have the funds in reserve to allow him to make the payments. Before we resolve wife's petition, we must note that it is not our custom to conduct the business of this court through letters from counsel. If counsel had come to the hearing prepared to examine the real estate issue, we would not have to proceed in a manner that puts a severe strain on the court's time. 7 NO. 94-4024 CIVIL TERM We will not order Husband to make current the mortgage payments at this time, because he cannot. We will, however, order and direct that Husband resume the mortgage payments immediately and continue paying until the property is sold. The second count of Wife's petition for special relief seeks to compel Husband into psychological counseling because of the spanking incident on November 260 1995. The evidence, including a photograph of Christopher's buttocks after the spanking, showed that the spanking was excessively severe. We cautioned Husband at the hearing, and reiterate here, that any abuse will not be tolerated, and will be dealt with swiftly and severely. However, since the testimony reflected only one incident, we will not direct psychological counseling at this time. ORDER AND NOW, this day of MARCH, 1996, Michael Jones' petition to transfer venue of this action to Wayne County is DENIED. Cynthia Jones' petition for special relief is GRANTED in part and DENIED in part. Michael Jones is ordered and directed to resume mortgage payments on the marital real estate immediately and to continue payment each and every month until the property is sold. Finally, with regard to the custody transfer issue, it is ordered and directed that from the beginning of Daylight Savings Time in the Spring to the end of Daylight Savings Time in the Fall, the parties shall meet halfway 8 r NO. 94-4024 CIVIL TERM to exchange the children when they are returning from their father's care. At all other times, Michael Jones is responsible for transportation. Also, Cynthia Jones is ordered and directed to work with Michael Jones in order to facilitate a satisfactory arrangement for picking up the children on Fridays in the event that Michael Jones cannot take time off from work. By the Court, /a/ Harold E. Sheely Harold E. Sheely, P.J.' Ruby D. Weeks, Esquire For the Plaintiff Raymond W. Ferrario, Esquire For the Defendant told 9 9 RAYMOND W. FERRARIO. P.C. ATTORNCY•ATTLAW SUITE 520. S'?F A.NTON UPE SUILDINO 539 SPRUCE STREET SCRANTON. PENNSYLVANIA 1 9803 1 9 14 T9LEPHON61 17 1 71 843.7678 PAM, 17171063.7990 • I CYNTHIA O. JONES, I IN THE COURT OF COMMON PLEAS Plaintiff I OF CUMBERLAND COUNTY, t PENNSYLVANIA VB s t CIVIL ACTION - LAN MICHAEL A. JONE80 t IN DIVORCE Defendant e t 94-4024 CIVIL TERM $IIIII19ItsitsIsIs:1191111tsssltl198111Itsis$IifItlists :IIIstlist PRE-TRIAL STATEMENT IN ACCORDANCE WITH PENNSYLVANIA RULE OF CIVIL PROCEDURE NO. 1920.33ib) I AND NOW COMES DEFENDANT MICHAEL A. JONES, through his ATTORNEY RAYMOND N. PERRARIO, and submits the following Pre-tT)rial Statement in accordance with Pennsylvania Rule of Civil Procedure 1920.33(b): 1. List of Assets: See Inventory and Appraisement and attached documents. 2. May call experts pertaining to the value of the Pension and as to the valuation of the marital residence. Defendant is in the process of obtaining those documents. 3. Witnesses: May call Michael A. Jones, realtor, pension evaluator. Michael A. Jones reserves the right to call such other witnesses as he deems appropriate in the course of preparation for trial. 4. Exhibits have been attached. Michael A. Jones reserves the right to attach updated pay-off notices from various creditors and banking institutions as to the respective liabilities of payments of the parties. Michael A. Jones also reserves the right to add such additional information as appropriate for the updated valuations of the Loveshaw Employment Benefits and any additional information provided by the Pennsylvania Army National Guard pertaining to the valuation of the pension. 5. Incomes The Income and Expense Statement of Michael A. Jones is attached hereto and incorporated herein. 6. See Income and Expense Statement attached hereto. 7. A copy of the Pension and all related to said Pension are attached hereto and incorporated herein. Michael A. Jones reserves the right to add such Pension valuations as may become necessary. 8. Counsel fees: Michael A. Jones reserves the right to attach documentation pertaining to counsel fees should that issue become relevant and should the Master specifically request that information. 9. In evaluating the Inventory and Appraisement of Cynthia G. Jones, Michael A. Jones believes the following valuations to be disputed: (to be completed after Michael Jones' review of Inventory and Appraisement of Cynthia G. Jones) 10. In addition to those marital debts specifically listed on the Inventory and Appraisement, Michael A. Jones reserves the right to supplement with the evidence of payments toward the marital debts and of the mortgage since the date of separation. (Mike is to include to us a list of all of his payments of marital debts since separation) 11. Proposed resolution of economic issues is as follows: Michael A. Jones proposes, without pre udice to his position at time of hearing that the division of marital assets will be as follows: (a) Cynthia G. Jones would receive sole right, title and ownership of the marital home, subject to all liens, mortgages and obligations outstanding against the property including mortgages and taxes. (b) Cynthia G. Jones would also receive the 1990 Subaru Legacy as per her lease, and would assume all responsibility for said lease. (c) Milico Life Insurance Policies would inure to that person whose life is insured. All responsibility would go to that person for any future maintenance of said policy. (d) Michael A. Jones would have all right, 'title and ownership of the 1988 GL Subaru station wagon, together with all liens and encumbrances against said vehicle. (e) Michael A. Joneu would have all right, title and ownership of his 401K and any and all other employee benefits that have been accrued by him. (f) Michael A. Jones would retain Bole right, title and ownership of his National Guard Pension, if and when said Pension exists. (g) The personal household assets have already been divided between the parties. (h) No alimony would be paid. (i) Due to the fact that the marital bank accounts have already been withdrawn,' the proceeds of those accounts would remain with that person who currently has possession of those proceeds or accounts., Dated: RA M N W. FERRA IO, ESQUIRE Attor ey for Michael A. Jones Scra on Life Bldg-Suite 528 538 Spruce Street Scranton, PA 18503 REt CYNTHIA G. JONES V8 M{CNAEL A. JONES JONES' MARITAL ASSETS as of 10/2QjLj House & Mortgage, etc. -0- National Guard Pension Travellers Loveshaw 11,550.65 as of 10/95 Prudential Employee 18 mths x 4.3 x 18 Contribution Marital Debt as Of 5/20/94 (12 Creditors) -9- 2,653.90 8,083.85 10,000.00 1,393.20 (10,816.77) Nat Marital Estate 40,920.00 Ef % RETIREMENT OUESTIONHAIRB The Lovashaw Corp. ATTHI Benefits Administrator Route 296, Box 83 Southcanasn, PA 1. Participant's Namoe MICHAEL A. JONES ' 2. Saxe HALE 3. Date of Marriages 4/19/86 4. Date of Dirthe 2/28/62 8. Date of Separatlone 6/2/94 6. Date of Hirst f 1, pIfr `/ 7. Spouee'o Date of Birthr 8. Deltas of Plan Participations 9. Total No, of years oervlce credited to amployea in plan on 4/19/86 i I 6_/2/94 including all military aervice credit and sick leave eredite 10. Military service credit for retlrement purposaset Z.f. ' 11. Length of Military service and dotage 12. Amount of nick leave credit for retirement purposess -& n 13. A. Have any voluntar contaibutlone been made by participant to retirement plan? . dNtr If so, when and how much? B. Does participant have option to pick up of military time? What will be the coot? _ Nd Indicate how calculatede f 14. Is any deposit due or ar any paid to receive retirement credit for prior military service? _ IUrI? If so, indicate how much was recilv¦d and dates of receipt. 15. Normal Retirement Dates rd op f 44, 16. What are the ratir?m nt plan optio ¦ apd at wba44 age Ore these available to Participant? w e1C ( U[A'3 1 /1 ce.? 17.. 17. Benefit to be valued jllf of -4[1!/86 6/2/!4 and date of hire and at presents 1 ? ` .18. Vested Accrued Bonet as of 4/19/86. 5/2/94 and at pnsente -'•? . e6 µ ? MEMORANDUM FOR: Yvonne Perri FROM: Mike Jones DATE: 25 August 1998 SUBJECT: Retirement Questionnaire Yvonne, Please find enclosed a retirement questionnaire that is regjira to be completed by the Loveahaw Benefits Administrator. My wife and I are currently going thru divorce proceedings and this document is required. Please complete and return the copy to me so that I may forward to my attorney. If you have questions, please feel free to discuss with me. Thank You Regards, Mike L.OVESHAW an MY Company Little David Products Division Route 296 Box 63 South Cenoan, PA 18459 717.937.4921 FAX: 717.937.3229 October 17, 1996 Ruby D. Weeks, Esq. Ten West High Street Carlisle, PA 17013 Dear Attorney Weeks, Enclosed you will find the completed Retirement questionnaire forwarded to me concerning one of our employees, Mike Jones. I found the questionnaire confusing, but I have tried to supplied the answers with the help of the information I have in Mike's file. My answer to most of the questions is "Not Applicable" due to the fact that The Loveshaw Corporation does not ofrer a retirement or pension plan other than an employee/employer participation in 401K. I understand that Mike Jones has already furnished or is in the process of furnishing information regarding his 401K and the amount of earnings credited to him. If there is other information you require concerning the 401K or any item on the questionnaire, do not hesitate to contact me at 800-962-2633 extension 3006. Sincerely, Yvonne Perri Human Resources cc: Mike Jones Raymond W. Ferrario, Esq. ?r9dM l,ut"n r" F%••y• RE1 Policy No. 009PF07090 Insured, Illohael A. Jones Door Mr. ,lonca: Although we sinnorely rogrut that you find It necuusary or advisable to terminate the shove numbered polloy, our chock i'or 41,749.30 irl IL11 eottlument of alI clalam In ounl11eduoted ction lrlth thle polloy la analosud. A surrender ohargo of 4360.06 was as apocifled in your Pcltoy, Even though this poliny has heel terminated, wa would 111<u to tnke this opportunity to Lhank you I'or yawl, pact bualness and to offer Our durvlocs for your oontinued goodw1 , 11 slid pRtvouaRQ. 11' we may be of Rny furthar sasl^,tanna, plaaau let ws know. $incuruly, ?LLn '?u. Kcal./.? r1 AT L'urlua Cuntomur Survloc 11aprea0ntrwtlva 0.1°1111,`1111 YLfC rOR TUU 411000 LIPa. LAMAa T.IPR 11I511RANIOR 1:OMPAIM r, O. nOx 110, IAC\3017, M! .39305 009PE07090 VOUCHER 110. 0-131223 SEP. 13, 1994 AMOUNT """'S1,749.30" INSURED/C LAIMAIITMINIOR 01SCAND POLICY 187699 OII,OM MNMIN IAtL11EPOLICY 0107899 ?j IIIEHn DEPOSIT .00 III BALANCE .00 IItT PROCLI:IIS 1,749.30 .r. In1.I v; n0 an ecu Dux eI L L.M4r 91110110 0ROWN hflr, a14F.19 ODA PA1L,6Br 111.V Na s4 Lax a9VItl 11,11, ol'or1 •,aLO 11 ?c`l1Y ar Itte6ll-? 66 ' THIS SOLID 1:11O OLI WHIM 1906 I 5 Hiuhael Allan Jones nr 11 nox 139 Lake Ariei PA 10436 IAIAR Irllt 1111111AHw:9 WHI'Alq F,e. 1011 110 Joetoon, w/ 39205 Yhonol 00o) 2111112 Ur?/ September 1110 1994 In1 ?• I. to 01 ,(WE LOVESH W COIIPORATION 0/0 PMFS P,O, UOX 16040 a New nln6wIck, N.) 00008 ?7 r I,RIILIIIILII?,LIL IILIIII?ILIL??I,I,IL„IHIIIdLI NICHACL A JON 11 P.O. BOX 405 IIANWIN PA 111: •Olbl TIouiNNG PBnIOD 10/01104 TO 12/01/04 ACCOUNT NO, 17064.4000 I 111 AN NUMOEN. 4490 LOCADON 0011011110111 P1100PNNAI. nEV C01EnY1 SIEIN , l ELEI'NuIIE NUMNL'n 16001 364-1236 INVESTMENT AL OCATION FUND SALARY MATCII PROFIT CLOWN0 SYMBOL DEFERRAL BHARINO PnICI GOVT MM OVMF 20% 20% 20'r. 1.00 UTILITY A PUTA 05% 06% 26% 6.27 EQUITY A PEUA 2014 20% 20% 1944 OIA OUAR 26% 20% C6% 1100 UYILITY 6 PUTS 04: 0% 01: 0.20 EQUITY B PEQB 0:4 0% 014 1014 TOTAL 100% 100% 100% VESTED PERCINTAO 100% 100% 0% YOUR TOTAL PO I TFOLIO VALUE: $8,900.OB YOUN TOTAL TED VALUSi $0,089.06 THE INTEI EST RAIE APPLICABLE 10 1090 CONIHIOUTIONS, AND ALL. PRE 1000 CONTRISI IONS, TO 1HE OLIAHANTEED INTEREST ACCOUIII WILL BE 5.00%. THIS RATE I6 I FECIIVE FROM JANUARY I , 1005 THR00011 OLCEA1BEli 31, 1006. ' FOR 40114 ACCOUNT INFOnAlAT16N, TnY THE NEW VOICE nESPONnF 9VS1EM • VHSI VMS 19 A AILABLE 24 HOJn9 A VAY AND IS CONVENIENT 6 EASY 10 USE. CALL 1.000.07 0727 6 FOLLOW THE STEP•BY-STEP INS1811CTION9. ON SELL11 0 YOUR CLASS B On CLASS C SHAHES, YOU MAY PAY A SALES CHAnOE. FOR THE 1HAR0E AND OTHER FEES, SEE THE PnOSPEC'TOS, PMFS CLIENT SERVICE TEAM DESIGNATED TO SERVICE YOL)n COMPANY'S PLAN CAN 6E nEACHEO AT 11110 TOL1. FnEE NOMI)ER; 1.600.040.4015 FROA1 8.00A.M. 'TO 0.00P,M, EA0IEIIN TIME, MONDAY THROUGH FRIDAY. I ? ( I Lira IIIII III IIII II I III Iia ,NJ .gill. ,n11M1:, , l...... .... ". N.LU Op O'ml .n. "L""d ...... 11 r ••'•Ytl .n P. COMMONWFAUH, MAm1YNwmonN 8FALTOR5-0, 1 Co no) Ni ,I.L11 NI 1't 11)1. 111.1h'1LAO W Pa. 111)1 too. 1141 1'1•opsrty VIDORSENENTIEXTFINXIM AUTHORIZATION to LISTING AORL14NLNT RELLER I fl. (. 1 I-) ADDREss I 81 / 4/.') I DATE1, RXI Propgrr.y Addr•eu111 T-..1 _Y,) Ill'rk'?, Llnting INCEP'rIou Dato1 "'-'- current EXPIHATION DLItv1 ?._.... ORION2AL Lint Priaal n CURRENT Lint Pricvl ,y- ..._-?i_Lrt:fal It 10 hereby agraod 0110 unrlrzrWtood that the wUOV1v-ralwrrltdW IIatinv ohnII b0 further nnelorood/a)lt'uudvd en IollowaI 1, EXpir•atlun dato aha.ll be LX-1-L•-NDED toe 2. CURRENT Lint 1"r7ov w111411 bu DECNkASED Lu i ?)yroo or INCREASED to J. Other changeu/notations (PLIliASE SPECI°Y) I All other termer 0nd Conditionu a1d stated in original Contract for Solo/EXOhanya of Raul Entato Agreement (i.e. Liating ?ggrga enG) shall remain in full for-cc arui wffvaL, ColdwR11 Danker Commonwealth, S?;LLER) RE AL'I'UNS r (Lrs'ritiC3 'Ai)ENT) - ?? (GELLER) An Indppendlnlly ()wuPil 11111 Opd4ded )Irouxt ,11 Coldu,!II 11 mo 111vv,Ipn Gdl A141AII"i luf ?? nH® TOBVIIANNA AUNIV ill-Alm FEDETAL CT11"Iff UNION 101110AIlhA ANI11 0IP0T 10110AIIIIA, FA 1110•6014 Nrllre>I1 renn•al•41L1 CYNT111A A•UONt6 N11110I A 00NCS RR 1 anx EY LAK? AArEL PA IE4DS-oSnl IIr . I. l• IIII IN 114,, I.. r II..,1. •11111 nl,•µm '41 „Adl ILg1111111.11411111LUliAIN1T FfB11 ur,I l,'1, 1,r1A x111;11:1 AL'Ulll YU11O 1ILLC114UmS TAANUIENS ACCOUNT NO. 19077 PA41 1 SOCIAL 6ECUNITY NO. 177.64-6669 STATEMENT PERIOD FROM 10'01.64 TO 17.71.94 DATE OtSCR10TAON . „AN010". 1A?.IVK71 DATE DESCRIPTION AMOUNT 6Ak"q. 10-01 PREVIOUS DALANC! 6178 17'JI NF.V 6ALANCL 0.77 DIVIDANO VTD i .DO •----I riitT11 t ; :{11191St -- -. yygg INAIAL'PERCENTAGE YIELD Ft(IRNIn PtA + L V11 DIVlnitl S• A I n F ( f) TA% F11 F1 N i [NI7LD: r00 .00 AL VTD FIN4NCi CItANOE• - tWN-1rl••d TGI pD M0RT4A31I +•apt. tASt pppplT l T1 IM N T FOR V?CARA J`[J6 STATEME T I D NDt Ax L NFO MA IONs•• ? G tL ,, IP V00 IIAV! AI1 AAOCGLI F VAL 1l 111LL TIItI . II UCT?N)vTnin TI) I i4iNE• I ? l ,'' 1' ' 1''I 111 ?,I, rlr.l II I II1 I 1 1 ,.I I'I rIl ,I IIIII 'll •il 1 I 1 I I I I, l. ( ? I '.II' 1?h1 ? I 1 ( I'I' 1 ' IIII 1 I I ., Illy' 1. 1., I ? ' ' ' . I I 11 I ICI ..III I I 1 11111 '( .I 1 I I I I r 1 I , 1 '. ,I 1111p11?1 II II Ili ? ' ' ?j "I I I ' 1' r I ?f 11 r n I, I f '' 111111 II;1?111I?II?I?1'11?11111111ti1 nI11I 111111 ' 11111,. ' ll I '41 1 tIr I .'1 1 I I I '.' 1 ?I-I, •.1 I I ;''? 7 I 111111 hpl I I I (l l A II 1111 PI 1116 I' I ri d?l III'11 II u l I I ?I I ?i 1111?I ,. 'I I??11 ??I?Ir I?I????I?Ir111?I1?1?l??Itlr??11NIN''?11?11?111111?.?11 Iu 111 ?'rr lll" ICI 1 1111 ?d 1??11VIIF Illli' 111 1? f II?IrI e1111l 111 ?Illiyl 1?11bt1'r11 4 ? 1. 11 J111?1I ill ?; , 1•, 1 I..I rl' r11111111 rll?l ??I1??''IICCIIIIiIx l II I' b IhIII,t I II Irl IIII rll ?. 1.'_„ n11111.1„11r A4uI IIT'I; ili?11111r1 II.111?:I11h11I?1?1?I11IIIII I.?1, 111 .11'111,111 p11r 1' I• I 11?! II II ?I'?r I III Ire. ::11, ?I 'r ?? I, ll. 1 I .1111.11 Il I"'' r 1ql •??. L,? I 1 I , 111I111?4, I.'r II x'11 H 1111 lilt II4hp11 IIII:1 Irl ti 111 I II IIIII, IIIII 11 1116111" 1,111 I )11111,I 1' II •1 I I I ?' ?1''rI-" II'll , ,?I 'r I1 IIIIII 1 yrr?1 I II1111lit Iy I III ' L,LI 'I III 1 II I1IJJ 111, 11 11? III I?111 '??????qpI I11111?9u?1 I ?I l l1III?I 1 11 .i it M? I'?It 1II I? III 'II I'Iil'11 P ' 111 'II 1I 111j II'I""?r1411,I111 NIA:' IXI 11 IIII 1 ^ I 1 .. ,, 1 .:1 1 111111 I .1. I1i111111? 111 III I '1l111 ,11 I' I1I I. II II II I"I1 ID dl l q'1j 11 Illy`, I, nq rI + III ?I G? fI. i n l 1 1 1 11 I I I .,1'11111 11 1.1 1 41 I 1 I III I 1 IIII ?:. I 11 Il III II u' I..I. 1111 III I 111,11' II 111 1 : 1 1..1 I III 1 , 111 1'11: 1111 1 IIIII I l i:. r 1'. I.a !L I 111,,.. '111 I ;1 I I/:.?ilr11 M l(i1A111111111, b, I19•''ll III it, IIII II gr l ii Il y 111111 ',r" 11 11111 11 V'111 J' 1111 1;'11 , 'I n II 14 1 y 1, I .•111 rI 111 x111 I(I I ??1'11h11f '+'1 11111 I!.?'li I1 IIF M 54i 1`. 1111111111 VZ16I11' 11x111 lrl if 1 I. I 'll? IIII IIII I1,'IIN 1rl1? 1,Il II K' 1j 1 ?, fjl III', 1111 1 11 6`111 III 1, 11 jIIIl,1?1I,III .. u''I Ip -(11h 1' IIIJ 1 hlyi ' I '1 1I11i11Y 411`,u1?11 IIII 11y1r 11J'11'II 1111 j I LLLi1 Ili i'1?11JII,1 j?1?9 hl 11? 111 ,C? 1) IM j' I li'jl??' II I +' rl(c? 41 11RII f I Y•1?611?IIIIed?l(N.?r,PI LI III I x111 I I ??1 11811 J '1. ',.I 1 I, 1111 11,illll ?II IL 114 I? il? 11 II 1'1141 1 . 1 4 I'I r ?? n I 1 I. I11?1.'r ?lll ' fit "Bill ill 11 ?1 y'll rll?Illl all :111 II 41. 9j yy??iI T011VIIANNA ARNI V 0111'1101 Tll DII41W, CREDIT UNION IIIAINAMMA AAIA1 011'ur TOYIIIANIIA. I'A IAIAO•lUII Fly-flo bill NOIIt .L•' .iLC Nk'IAIt tk ?1MW ALIU 1A1H III IND PUORALATION Li-,, ovp l I III NI IUI IIOR TO row u I I. DILLIIIO F 1 6 1 I i I I " , I II'111,11,10 ADUUI AXIS II I611W111C I14AN ALVIUEL JCACCOUNT N0, 4044 PAGE 1 R14 1 UO)! ON CAROL EJDIIEI SUCIAL INMINITY No. 174-41-4444 Ii 1 LAKE ARIIL IM 14420-0401 STATEMENT PEAIOO It IO-01-04 TO 12-31.01 ------------?m? -oATR , PISSITPTION.... _ AI DfIT 0AI.ANGl DATE D16CNIPTION AMOUNT 4ALANCI 10.01 PRIVI OILS 4?LAN0E OIVIDCNII YTO 12,24 ( t:-JI Neu IIALANCE CO 12'34 4II IA(PTVlL• AIJMIAL PEW'vgirAOR VIOIb cMINIM I ((11 1 1 I•IDT AL Y TO f1f1AI1Al`RCIIAROC!.'- NRIIFFIIppf``R; O xy)1 MOIR??pTIIICIIASU OC ) II+YgtAT13 Al1??1?AGIAC. 11 11 fR711?VA1I1111! RI UUE1jiI1VYO t1PT $TIN golt 1AS. , III II I 111 n1?111 I f I I, i1, ', I I, u. p I 1 1 r I' 1 1 n'r 1 ' I G i {y Ir111 ' (1 rl' ;, ' 11 ' ' h 1 . I r i IIIrP 19 .I 1 I qlh i. `1X11 II I i II III III ?':? a ?'I, 1 I .? ? II,C I 1l!,110 ' f? N 'I I a..II I'I III II III ,11. I II I I'i l l II II III) l 11+1 I 1 1 ? 11 I I'I i ? 11 ' I' I II , I I ,II I I'I I .? I I' ? ' ' . API ?I °II VIII IILpI'i1 i?11 ?'i?lr ilil4?l? If III y,l(.III'?I, III ill,I?1 I":I,I^, '11 I 'II1 ;, I I dl' II ' '.: II'I' I II IIh 1111 U?' 'I l?4.I 1''II y VIII I,r, I J l '?? ?'I{II VIII ? i141u!'lllll;'il i„I?III,, I?, r rl.l ? ?' I II ? ' r;'? IIIIH":?Illipplllll It )111141vfllllllll '?I AI II Y?T" HI? II '1 r l yyll I NIIII 1,'111: ,I. ;. a ?I' IL I?I I',"I, I I.. III ?1?? I?yV{1 ?j ??I ?I??1f4 AII'b (l''IIIi?I?1.1111 1111 1 1'11111 1, it I I .I' Ilnl 111 'I, 1? 1I III ! {tl ???1,:II ?rI I.I I,Ilfi 1111 I' J'l li , ."I I II,L,, ?? ?1 1 I,III!Ill ?l ?f II:1'7!IAI'!'IY I 'i ?tM I II?1 I' IrIIf. t11 ,I Iii l'I?III' II JUIIIp iJlllll. it l;ll?' I 11i.? ' ?'1 III I rl'. n,l `lr l.. l? 1 l r` h I. I I IIJJ I I ?, I I '' I 1 IG 1 .' ILIS I) I , II, (" 'r I f r I rl Ifl'^ I 1111 '? 1 1 ql'i, I ' I I l III ?I ' 1116 1 'r"I I II 1 ,ran II I• I ??' I? I ?? ? rl•AI IN?Y'i rh IIIIIII iIu ? {II I III yr?1,..1'. 11 I Iti I iy I I , I ?..,I .11'11 116111?11i I71?U. I I' ??1 I? I, , ,I II I'/ III I, ,1 IIII , t I; l I ?I 11 y. it ?1• M'1? ? I? 11}? ?II?'P'?i ,111711 11 I' I?IrI' ,'111 I I.,'? ?I IIII IPIII il`Inhl?ll ill 1..' '? 4A,N lil ?. ?I IN?i 1 ,4 I , ? ?,t I ?II r? I PI I I ? '? I I ,? ; I ? Ihn I 1 I lA•A I' 7f,IA' h? ,,II 1 ? ? I ? JI II I1G?ryIIII17I?I'll ??,1? a l?lhl ? IrI',IN 11 AI +? I Ill IL I III' 1111 A I Ill ? 1'.111hrII gll,h: , Itl'VN??iMTI1lI1uIIl?lYl1'!I?I'1'I A?1'I II?II!IA;II?l111Nl?li l?l 1l l?'I,i`?: 11??111411oVi I I , J l l l In I' ; f I' L rr ,11 r,ti ,I I 111 „I yIINI?, ..I III ?' N I 1 II 1 I ' ' ' I tl I " III r '" .' i t'?III 1 ?)I i ?11 1 I I r r; i(1: l Il41'I I LII I1,,IL1 X11 ? Ip I .I /MIN I II '11]!111! 1 I . Il. ;,,nINY111 6i lr:` L ?: 1141 °I rI. hI. TIC PLAN 111IMBERI 12777 TIFITHF AN iCO I,1D '(heTraveleri''' LLOCATION 001 IT PL iOR EMP.CWers AS OF 12/31/1994 MICHAEL p, 10IIE5 RR N1 BOX E9 LAKE ARM VA 111436 50C.SEC,1101 178.54-4839 ACTIVITY FOR lilt: PERIOD 09/30/94 TO 12/31/94 ?F1FLaxe? Accnlurs E2XEp ..---_----- PRIO IIOALANPE 5,346.98 EIIII BALANCE 01.3 5,4440.33 3 COMFAILY A"GLI d PRIOR BALANCE 21586.50 EE 11 11BALANCE 49.02 2,635.52 I SUMMARY OF ACCOUNT SINCE INCCI''TIOII TIIRII 12/31/1994 snUr tee CorrtR"BUT10N3 nualanu.umm CARNIN05 CURWIT BALANCr COMPANY ASK 3,205.43 1,565.41 0.00 6:00 21242.90 0'/0 1 11 5,448,33 TOTAL AL T 4,770.84 0.011 1 . 3,313.01 2,635.52 81083.85 RE 107 AFTER-TAX CONTRIBIITIlN13 4 -- O _06 ?POST_116 AFTER-TAX CONTRIOIIIIONS 4 3403.43 QUESTIONS HOARDING YOUR Af.CO1NlT SIIOIILD BE DIRECTED TO WHIR FLAN ADMINISTRATOR. TRAIISAMOUS AFTCR 12/31/1994 1111.1- BE 011 YOUR NEXT STAI'milit. 19 III At IOU All IOI,RY. r6 ± CONMACT ron SALE on EXCI IANGE OF REAL. ESTATE RESIDENTIAL LISTING FORM APPIIOV1a FOR UbE BY PANIICIPANTS OF 7119 C,REATCR 68)IANTON h+lll.TblIB 16ERVICL• q l /Hu 1 OV/N aV If I- 46T _.SLQILI..ICtl!?P.... Wba, _J.I moll,. w1!gll?ulluet nllaly 1 'pet _l.lll. U16ck._Ucur__._ Tad 1 u11Jbxy to coin- -_ 141w,l l _ YIINn__ .. . I Ills rYfYl .. FRPL _^ Unnll fIL4vu, NSill. - rally___ xuputir AAIP6 ?' QQ. _ __ wi IITII 1,(l hall DOI+A+6 ?BTH3 f 6C -rj /I A-6 AREA ??. . IZO N_ INO .....!Gila Hill (iIZF ti -_1'1.11 11 .?. _. _ wli Ala Ih ._x_23_.. . _ n ri Hnl I T - -__ ?_.. - FAnI I4__ . -_---? iinnPnl - 140 1(11 I IAt HT { Pill 00 rIlA WA7ER cICRCf.Rl_... PVUN. __I1Q TARES Jim HWn _116 0T1ILH `LOL°t' Ifl_ICJ'l _ OCCll OMRQr L16WR 1111 UIIIEH nANOE _]rUll E%1 FnIUlI OI!.IE NHION6 1,088 at Closing OAR _ TO GAIINT EA.I,S,_.nn_?i,y._ru6?iNgAGEN_?YHpC11y1LY1 R[MAIIKB/mAricTION.Y_WLll)' ff62Ye.1_V!l1 lnE-tl1RI.INACB._.CL) IIUL!1_!l!)11-1.41101?i nCYly_LL)IIIO?JILY>? jrnnLAnj rrRL41S?S{«,?t!},:alY_]eo1tn11uusd. nuu_cnS.) Inh 01111110 atrlnYrl?c dnuan_I 521i_Sn_12LLePt.ur!_Lerlahtllll.r-I+u?tll-lol.!IS.Yr nwJ_uast_Qs1111nY Af.LY6=tuznsSYUt_r _ UY0 1G (r-ttl _+1Ltp J 41.L, Notmil.. all r i OIL U I ! 27 8)lOV! INBT ,All ql/CI) 1 1 I JA Ill "11,00) TO - m 0Unaloalallah of ynrlr accoVlenro of the farm, 111 this wauln0ld All, of yullt pl'JIb11111) lids. 10 offet it), sale, also to obdeswor to fell my pro ally florulnslist du'I1nbn11, to aJ.urlllt lily aGilla 111 uncn m111nof as yvO AA) Jybnl AOlia,hl aerul I... l0 Ynllll In 11110 bs1,All Yllonl 01 ydllf Org4waidinn in lie wool illy ow a a of built 1041.IPur04y 41v 0a11l14f Yld 1'111 f-r U01 WJ V1 /Ay munlhe(rom 11, basis of ibis fhalnn ant file bYrlullvy It4nl And sidbrn-l) to uull ins pI tI1.1r1y hUlunl,11101 JY4?.r111YJ lur Inn Ill .1. uW tV•. H Ina Ill-ll9 hI1 VHnall ar out lonh. ITUIII HER AtiI1rDIIpUtI ltIIi GL)ll:illlF.IlAil(III HEHI IN LILNIIi1HLll ail VA1 VYIUA QUAIM1441ON Qa YLlIG4N14 IUt fHEUHUnS 8ALIC P111114,W1 IL I Nth 400I t 5ALh ti AIAC.E 4y) GU Ill alt 011111 All 'l UUHER I'In50fv All lulu f 1 Iri1.110( IN PAY 4LHAL1UWIN THU I CIVAS IILIIe IH e1, rLll 1,111i Ili 111k16 oil lIr ON ANY OTI hill l Lllelh AOCI VI'AIA I, 10 HIE bJCh compullsallon /hall alto be wn if till pfnpu Hy -4 Sold, GJnrlt y0, "r u11wlV,les tlwillarllJ within a VIJIYnIIYII 00110401 r .•'•. (.11? nlya allul (hA Isfmhnlllon of Ihl$ AuMU1Hy till lily y.IMflwl 111.110,1) to an) of la % till onom ag Gal MAI had Iludilllallunl Pilot 10 final IAf mllpllon, plundln 1 have 4r.stved nobcl tit widlno of Such nogOl.4 a el f, Incllnllny Ina ARm.4 nl p14AImah V1 PlI chalYq. Ldo1 t of upon bpnlnpmn al 1010 Atootronl of any uylunllon it 0It0I.l Wwavar, 1 ob All not Vy ow jaivid lo Pei, allot aon,p U.I 111-nn it t vYbaLllllllly Y4rslmanl Is sol/fan into win 1 of Ml Ilcensoo wl valets DIUAuf And Ihu Bolc, Nose Or nrl,anov bl ll'•1 kivnbHY la 11-4.19 Jull-y) In$ silo (1vd4C110n pa11uJ 1 ALSO A(11144 I HA r AU4N 1?11ll lil'UN51011J fly 10 PFF:iL W r of; fit Ha I anMINA 115 Vil (11 all ACC(I.1 ANL k JA AN Pill NOTC; loth shy III At 70H'4 Contillvalnn AIIJ Inn Ilnlu yunnd 01 11,13 wldletl fly nlguhuWa. AI put blonh spaces provided. And upon Ins paymu11l of Inc Plachlau moony. 1111114 to ..weulty mnl Jtlbn/ IJ 111111111111.411111' 1 wallynly dead ill aonvuyanCa lu Ina /UJ propurly, IIIU to 114 lrss wild cleat of All 111110 a-.J an,unl Dl In Gtn, 11.11 IuOyu Ci 1010t 101111NnIn1 be Sill 011J I have bean YJvum1 01 my duly 0, disclose mat Allbl d111C1i ... I Boo Jllhuu allJ 1n4w OI rJ Qropslly 1144014 I.CYp1 as follows. Otto I Igrlny 0uthorlua Out. In lecLUl mYUllal prnp61(y NIa1la apuclllad aLOVa 611J e4rlu to InJu-Holly licit and molly nlb10m111ga1M1 lbblllly. Inchiding cotjnc011o and allurney lobs, caooa l by lily fallwil to diet Ilea occurYiuly Alto C-J1.,Plylul) anynlau0sl landlhunullh6propany Illalmay alleayl, Ill dlelrWilly. t)VIA0 the li tm at this uglumnant 1 ni Udh6114e yot. In Accuid 1 Jup.illl to lie AppINJ Bon the puransl0 pfice, and to p(spale lot lily sl4Nlure, v binding noollm,t Jr op11u1JI agronnionl lot the sale of IAA Saw p14Vur I'/ In my Wolf Ins agent is ho'll'y sulnuntad 14 place a 'ilu 3010' Sign upon Ilia laid I1t111pit Owner Is halsfiy ndtll14J and 111111Yf11111114 Intl .11 Ptyt.1111is all a. cYUnl OI I'le Ilsl19e010A at 411 be rvislnlu In SIGN. faf 1110 06114111 of Ilia pe'llvs In this Iran14,11011 b. awan4nCS wish Ihu Rol kuluu Lw.,,awl; I Bow 0 ill. .:a...luonV: .,fill of ?unnsyiril. 11,14 sdul,my shall till Omdlnll I,poll and tnn.n to VIII Derr, Ill ill Inv hall, 1111l and IilnlnlelrelJrl YIIJ Ieelgnl 01111. rAlpecllvs Pslll.l YIAtb. This E: Yl,d v.little iris Mile to 01011 IIIALy IIII$ 111 31011 bo limy may 1111141 ill enuwulg uW I illn4 Ihu Pr'a an U I pAl0lnJpsm unl spa mU lGanu1,11*4141101 np,ofu) uAdlr cutlabn `luc'Imoi Ocsp1I ill noun 111061111,114.1 1117) f o1 Jn Sbntnk bald fin an n 1n4ubo,m 1414 will fill Boni it fl* ML'J olllcu ylnnln 414/1 ['till Ins 1110 I'lle duo 11 bcrnralo Ill Ins Dun10 my Snai t. deb of OE'?"mu. /I // /I ., ?Vl l,l Y.(,( L f =_°1 4NI, palYn _ r. f'.. 1.11 AJ+,r u1. 'y I ?I •.1. ! ?_Cf O . ,'i S. r 'f 191111 -1-t 1) C.t(H111. ???1 t+ 11.?P f /nI a(li u, ll (% late 'A t -Ovdr- IYIMIII p IH IIMI Irv.xyy MI Ir,g1. I 1 I f. • t r W • CAMMONMAI iH HEALi011S'f °u Ya' Iq"1 IMUIIN, AA IIIYi WY Ih IILYY'1/Y/ Ia/ I /UI IIy 114 ENIlOR51::r)kINT/IdX'?'L')ItilflH 'ffl A111'11,1RTXAIIMN TO HULL A13RICE1113N7' Rf•;I,ti..__.,_?Ly1 ?_...?._??llY,j??.. ?lY.h.t_'. a??'?t,?..fd:r,..??;?.!??,?_.,?, DA'I'S OF A11T11UkI::A'I'Iik! 'I'O IaL:LI. A13ktt1`rIENT; CIWNEREi to v Llwrt-'D F'If1CEI Y / > u1,`ar It .ilu undlYrwLnnrl unM uDrlnd t.bwC thLr bbuvc uuthl.uixntion-tu U4),.l uDrlrlnvnt tsbul.l he cndnravd mm fill laws: 1. f•:)IIIIFtA'1'.IOH OATC: III Ah1-'jjC,'j 'in Ill. LIS' Ino riz.t(,, t? 'I'U lib' I.IIAtIi)t'I'I 1'U; :, )' ) 71 , -.L1L? All otbur turmn and r;oi)di,'t..Lunr u:f t.hlr anid ouLhorirution' nhmll rllanulh nhuhmnfwrl unel in ti11.1 Yuma- mild (r.f;t Dot. ' LkR ;y .':.C:r???l:•!_-• Alik:1J1't,?r?"!?ttl,?h COLI)Whl..l. HAIIKEk 1:01IM-MWEAI.-I'11, HI'iAl.'I'f1 .s 1'. n. TICI)C 19c3 HAMLIN, PA 1f3W,,',1 6t-rl.rI c?„l.f(. J.(!?,'?I•?,., 1. n/J I/Id '1':•i ?r ../,lr, f.?,:.1.. (', ..t.1?1. 1'y, t.L(.`?c•b1'. ?r;/t 1. ? r AA IAlllpnntlrnUy Il'Ymnl anA Opnphut IUUnf er Jl foldr:cll Ildntr,i Pm;hlnulldl ?Illli.)L:,. Iw' ?// ?!?1 •?i?r?7 n.Utr . i i N .? I Y All 19. When did participant vest in plan? ???14 A krt yo / /L_( ?tr?LrrutiPa (/?„ 20. Are any employer cZ7t_s2 utiona included in (18)? If no, indicate amounts 21. What is the amount of any employer contributions as of 5/2/`94 . and at present? !, ,/ & C, j) 22. (a) The value of employee contributions plus interest as of AI/I? and at presents -TT--- (b) Please list amploygpa annual contributions to plan from date of hire to the prevents 23. List tctal annual earnings for 1996 to the presents 24. Indicate the service factor used in the retirement formula, compute ion, and set out formula used to calculate monthly annuitys 25. When benefits commence to the participant, indicate requirements for eligibility to retires A. What will be the monthly amount of the net annuity under the various optiora to employse(liat for asch option)? 7 0 h .,,,.1 .sue' b. What form would this be paid in under the various options available? (i.e., for empee's lifetime, continued to spousal list for each option)I N? s C d Amount of survivor annuity availables _,_ Amount of lump-sum death benefits available and to whom payables _ I i , ?I e. yes No No Are there any limitations as to include? It so list f./ Who is currently designated ae beneficiary of any benefits due,atter death of participant under plan? L L YL U s y. how to accomplish or what to , 26. What is the present value as of 6(2,/94 and at present of participant's retirement account considering employee's military service credit, nick leave credit, and both the employees' contributions as well as those of the employer and the interest rate such funds earn? 27. If there were any previous plan(e) since 1995 to which employee belonged, please indicate information as to each of those planr an requested above and indicate what disposition was made of employee's funds in such plan(s) at termLnation. -10 Ow c« .• e- -2D. Does participant take advantage of a savings or thrift plan? If so, how much does employee contribute? Please detail amounts of contributions, withdrawals, interest accumulated including time from 4/19/86 to present, and dates made, as well as the interest rate of such earnings. 29. Dues participate hold any share's of stock through an employee stock option/purchase plan? If so, give details of plan and employee's annual purchase, sale, transfer, exercise of option from 4/19/66 to the present. Please list value of stock and amount of stock for each transaction listed and annual dividends since A. 30. Does employee participate in a 401K plan? If so, 'detail employee's annual contributions since 4 19 86 and interest accumulated thereon to date annually. CO X . J. . J f T 'l f TI ? _ T 31, Please itemize and give details of any other employee benefits available to employee from 4/19186 to the present time giving value amount. Where appropriate, indicate value and dates of acquisition and/or transfer or terminnt of benefit. ' r? t f r , ?, TT r I I r 1 n; t ? • PLEASE ATTACH A COPY Or THE FOLLOWINGS NAME OF PLAN(S) ADDRESS OF PLAN ACHINISTRATOR(S) SUhMARY PLAN DESCRIPTION(S) CURRENT BENEFIT STATEMENT AND FOR 19 56 TO DATE. Date requeetedS 7126195 Dated NeadedS As noon an cosoihle ATTORNEY REQUESTING# Date Requesting 7-a&'%'S" RETURNED BYt ?f vv Date Returned i I RUBY D. WEEKS, ESQUIRE TEN WEST HIGH STREET CARLISLE, PA 17013 (717) 243-1.294 d9 n TVs Loveshaa Corp. hi'TN Benefits Administrator Routs 296, Box 83 Southcanann, PA COMPANY NAMES /-010J/taJ ) rf!cr0 k(fn PERSON COMPLETING FORMS YLt Q.9[e pt-d fr C . • + STREETS U .+rt rtw l r, CITY, STATE, 21Pt _ DATE SIONEDS (tll l'2/ -- Enclosuret Employee consent form. NA Kt -4 r e n!. i A Ij' lid, t tAttt t f?t'1 r t.; ?,a t••. f 1? .. r;. A?r. r np,1) • nl!{?,?!ry rY.t'" { ?: {' rY.?1 .n? .. Prudential Mutual Fund Services THe CORPORATION j., ` • ) / 1 . f„ P0160KISOIONEW16RUNOWICX,NJ00400 ?(? ?n .?• 4011K) PLAN STATEMENT AS 0I JUN! 24,Y091 .I ivn,?.•I MICHAEL A. JONES ACCOUNT NUMBER P.O. 50X 465 170-E4-4037 HAMLIN, PA 10427 LOCATION 04494 CURRENT VALUE AND ACTIVITY EMPLOYEE ALLOCATIONS GOVT SEC. TRUST-M.M. GUARANTEED INTEREST ACCT EMPLOYER ALLOCATIONS GOVT SEC. TRUST-".M. GUARANTIED INTEREST ACCT ACTIVITY PBGVM OPENING SAL 1457.41 BASIC PRE-TAM 46.47 IMF MATCHING 24.25 INVEST RESULT REINVEST DIVI 7.17 TOTAL VALUE 6637.30 VESTED PORTIO 1537.30 (PBGVM) 20% UTILITY FUND (CIA) 26X 1PBCVM) 20% UTILITY FUND (CIA) 25% IPBUTF) 36X EQUITY FUND t?SIQF) lox PRICE 06/26 01.00 PBUTF POF.QF CIA TOTAL 4621.26 1513.62 6674.06 12,366.67 64.61 46,47 60.69 242.34 42.44 24.25 30.30 121.24 (22.26) 5.66 12,06 (4.36) 10.04 .00 .00 17.21 4936.31 1592.39 6677.01 62,743.01 0936.31 1692.39 1677.01 62,743.01 (PBUTF) 35X EQUITY FUND (?OSQF) lox 015.65 011.75 41.00 CURRENT TRANSACTIONS FUND GOVT SEC. TRUST-M.M. UTILITY FUND DATE TRANSACTION 04/12 EMPLOYEE PRE-TAX CONTRIB 04/12 EMPLOYER MATCH CONTRIS 04/25 DIVIDEND 05/16 EMPLOYEE PRE-TAX CONTRIB 05113 EMPLOYER MATCH CONTRIS 05/24 DIVIDEND 06/13 EMPLOYEE PRE-TAR CONTRIB 66/13 EMPLOYER MATCH CONTRIS 06/25 DIVIDEND 04/12 EMPLOYEE PRE-TAX CONTRIS 04/12 EMPLOYER MATCH CON711I16 05/15 EMPLOYER ?RI-TAX CON7RIS 05/10 EMPLOYER MATCH CONTRID 06/13 EMPLOYEE PRI-TAX CONTRIB 06/13 EMPLOYER MATCH CONTRI¦ 04/26 DIVIDEND DOLLAR AMT PRICE 417.31 01.00 40.66 01.00 12.31 41.00 013.05 41.00 06.93 01.00 62.32 01.00 417.31 01.00 40.66 41.44 02.34 01.00 430.29 426.15 015.16 416.15 024.23 415.97 412.12 415.97 430.29 415.96 010.16 015.96 410.04 415.77 SHARES TOTAL SHARES 17.310 474.720 0.660 403.340 2.310 400.690 13.464 499.940 6.730 506.476 2.520 504.990 17.314 126.304 4.660 534.960 2.344 537.300 1.476 53.414 .939 53.955 1.517 55.476 .709 $6.229 1.094 ".127 .954 169.077 .637 59.714 EQUITY FUND 04/12 EMPLOYER PRE-TAM CONTRIO 017.31 011.71 1.474 42.696 1111011011111 11111 1111111141 MICHAEL A JONES P-0. BOX 465 HAMLIN PA 18427-0465 Account Nunltlert 178-54-4839 Plan Numbert 4496 Location, OOOO0OIX)I CURRENT VALUE AND ACTIVITY _ EMPLOYEE ALLOCATIONS DOW MM GVMF 20.0% UTILITY 6 PUTS 35.0% EQUITY 6 PEQa 20.0% GIA GIA 25.0% EMPLOYER ALLOCATIONS GOVT MN GVMF 20.0% UTILITY B PUTS 35.0% EQUITY B P[Q8 20.0% GIA GIA 25.0% ACTIVITY GVMF PUTS PEQB GIA TOTAL OPENING SAL $915.86 $1,787.43 $1,015.54 $1,186.25 $4,900.08 SALARY REDUCTION $46.80 $81.90 $46.80 $58.50 $234.00 WITCHING $23.40 $40.95 $23.40 $29.25 $117.00 REINVEST DIV $6.84 $49.88 $56.85 $.00 $113.57 INVEST RESULTS 4.57- 1.42 20.44 17,29 TOTAL VALUE $992,90 $1,950.59 $1,144.01 $1,294.44 $5,381.94 VESTED PORTION $992.90 $1,950.59 $1,144.01 $1,294.44 $5,381,94 PRICE 12/31 $1.00 $17.91 $12.08 $1.00 CURRENT TRANSACTIONS FUND CONFIRM TRADE TRANSACTION DOLLAR ANT PRICE SHARES TOTAL SHARES DATE DATE - GOVT MM 10120 10120 SALARY REDUCTION $14.40 $1.00 14.400 930.260 10120 10120 MATCHING $7.20 $1.00 71200 937.460 10/23 10123 DIVIDEND REINVEST $2.03 $1.00 2.030 939.490 11117 11/17 WITCHING $9.00 $1.00 9.000 946.490 11117 11/17 SALARY REDUCTION 118.00 $1.00 18.000 966.490 11/25 11125 DIVIDEND REINVEST $2.33 $1.00 2,330 968.820 12/17 12/17 MATCHING $7.20 $1.00 7.200 976.020 12117 12117 SALARY REDUCTION $14,40 $1.00 14.400 990.420 12/24 12/24 DIVIDEND REINVEST $2.24 $1.00 2.240 992.660 12/30 12/30 DIVIDEND REINVEST S.24 $1.00 .240 992.900 UTILITY 5 10120 10/20 SALARY REDUCTION $25.20 $17.93 1.405 100.705 10120 10120 MATCHING $12.60 $17.93 .703 101.408 11/17 11/17 MATCHING $15.75 $17.82 .884 102.292 11117 11/17 SALARY REDUCTION $31.50 117.82 1.768 104.060 12117 12117 MATCHING $12.60 $18.20 1692 104.752 12/17 12117 SALARY REDUCTION $25.20 $18.20 1.385 106.137 12/29 12122 DIVIDEND REINVEST $18.04 $17.98 1.003 107.140 12/29 12122 LT CAP GAIN REINVESTMENT $31.84 $17.96 1.771 108.911 EQUITY 6 10120 10120 SALARY REDUCTION $14.40 $11.92 1.208 65.276 10120 10/20 HATCHING $7.20 $11.92 .604 SS.aaO 11117 11117 MATCHING $9.00 $12.05 .747 86.627 11117 11/17 SALARY REDACTION $18.00 $12.05 1.494 56.121 12117 12117 MATCHING $7.20 $11.89 .606 64.727 12117 12117 SALARY REDUCTION $14,40 111.69 1.211 69.930 ??II SUNNI PRHS -54100. 12 8 733 1007 1 (1000 Ili 00 1 1455 PP40(1001 PP440121412401414 nnnn(1nnnnnnnn(10(1 n0n1 i 7t l THE LOVESHAW CORPORATION % PMFB P.O. Box 15040 • Now Brunswick, NJ 08906 1,11 1111, II III IIIIIIII1111III u,IIIII nl,IndlJ MICHAEL A JONES P.O. BOX 465 HAMLIN PA 10427.0465 INVESTMENT ALLOCATION REPORTING PERIOD 10/01/83 TO 12131/63 ACCOUNT NO: 178.64.4538 PLAN NUMBER: 4496 LOCATION: 000000001 PRUDENTIAL REP: CHERYL STEIN TELEPHONE NUMBER. (800) 354.1235 FUND SALARY MATCH PROFIT CLOSING SYMBOL DEFERRAL SHARING PRICE GOVT MM GVMF 20% 20% 20% 1.00 UTILITY B PUTS 35% 35% 35% 8.89 EQUITY B PEOB 20% 20% 20% 13.80 GIA GIA 25% 25% 25% 1.00 TOTAL 100% 100% 100% VESTED PERCENTAGE 100% 100% 0% YOUR TOTAL PORTFOLIO VALUE: $7,534,58 YOUR TOTAL VESTED VALUE: $7,534.58 THE INTEREST RATE APPLICABLE TO 1994 CONTRIBUTIONS, AND ALL PRE-1904 CONTRIBUTIONS, TO THE GUARANTEED INTEREST ACCOUNT WILL BE 5.25%. THIS RATE IS EFFECTIVE FROM JANUARY I, 1994 THROUGH DECEMBER 31, 1994. 8 THE PMFS CLIENT SERVICE TEAM DESIGNATED TO SERVICE YOUR COMPANY'S PLAN CAN BE REACHED AT THIS TOLL FREE NUMBER: 1.800.848.4015 FROM B:OOA.M. TO 6:OOP.M. EASTERN TIME, MONDAY THROUGH FRIDAY. I?INIpN?IN?I?IIN IW MIIC, I,W IIYI \ YW?I, Y„MI MIIW, N.,O„I,YYIYII ,pO,INgWpppNY1 "THE'LOVESHAW CORPORATION o% PMFB P.O. Box 16040 • Now Brunswick, NJ 06006 1111 II111IIII1111illllllll 110110 111111110 11611 III 11 Iloilo 11111 MICHAEL A JONES P.O. BOX 465 HAMLIN PA 164270465 i INVESTMENT ALLOCATION FUND SALARY MATCH PROFIT SYMBOL DEFERRAL SHARING GOVT MM GVMF 204 204 20% UTILITY B PUTS 35% 35% 364 EOUITY B PEGS 204 20% 204 GIA OIA 264 264 25% TOTAL 100% 100% 1004 VESTED PERCENTAGE 1004 100% 04 YOUR TOTAL PORTFOLIO VALUE: $7,735.56 YOUR TOTAL VESTED VALUE: $7,735.56 de ptW V X ? Utiujt td Services (9 REPORTING PERIOD 01/01/64 TO 03/31/94 ACCOUNT NO: 176.644639 PLAN NUMBER: 4409 LOCATION: 000000001 PRUDENTIAL REP: CHERYL STEIN TELEPHONE NUMBER: ISM) 354.1239 CLOSING PRICE 1.00 9.11 13.39 1.00 $ THE PMFS CLIENT SERVICE TEAM DESIGNATED TO SERVICE YOUR COMPANYS PLAN CAN BE REACHED AT THIS TOLL FREE NUMBER: 1-000-946-4015 FROM 8:00A.M. TO 6:00P.M. EASTERN TIME, MONDAY THROUGH FRIDAY. .M .1,1\h i\\?Y\YI \ M\\IM Wf1\I M.IY1\?n.w\\I\\1YrYM 1 1 ' THE LOVESHAW CORPORATION WO PMFB P.O. Box 16040 • Nov Brunswick, NJ OC906 111111111111111111011116111 1111 111111111 VIII 1 MICHAEL A JONES P.O. BOX 4E3 HAMLIN PA 16427.0466 i4nl3s?. ol typ11 REPORTING PERIOD 04/01104 TO 06/30/04 ACCOUNT NO: 176644839 PLAN NUMBER: 4488 LOCATION: 000000001 PRUDENTIAL REP: CHERYL STEIN TELEPHONE DUMBER: (800) 354.1236 INVESTMENT ALLOCATION FUND SALARY MATC H PROFIT CLOSING SYMBOL DEFERRAL SHARING PRICE OOVr MM GVMF 20% 2075 20% 1.00 UTILITY A PUTA 35% 35% 35% 8.79 EQUITY A PEUA 20% 20% 20% 13.48 GIA GUAR 25% 26% 26% 1.00 .. UTILITY B PUTS 0% 075 0% 8.76 EQUITY B PEGS 01: 0% 0% 13.44 TOTAL 100% 100% 100% VESTED PERCENTAGE 10075 100% 075 YOUR TOTAL PORTFOLIO VALUE: $8,042.92 YOUR TOTAL VESTED VALUE: $8,042.92 8 THE PMFS CLIENT SERVICE TEAM DESIGNATED TO SERVICE YOUR COMPANY'S PLAN CAN BE REACHED AT THIS TOLL FREE NUMBER: 1800-848-4015 FROM 8:00A.M. TO 6:00P.M. EASTERN TIME, MONDAY THROUGH FRIDAY. IM111111 I14.MI0 1y 081 I MWY ?IfW wIIMi IIIMI?IIINIYI, AIMIblerMI CR. NO. 1:,x777 001 LOVeSHAgEMO?ORRATION TheTravelenT EMPLOYEE SAVINGS AND INVESTMENT PLAN JONES MICHAEL A STATEMENT OF ACCOUNT AS OF 03/31/67 IDENTIFICATION NUMBER 178-54-4839 LOCATION CODE QQ1 pp TRANSACTIONS FOR PERIOD 12/31/86 -NRU -03131/87 /87 TFIRU 02/87 141.77 riARNI BUOIQNESBFORC GS T VALUE 141.77 *.* **EMPLOYppERRryS RR I CCONTO f9XIT?ITHRUT/87 56.71 CBRRENNNF VALUE 56.71 I i I OROYER BASIC 1161:?7 1y ?? 1 8.4788 15 .4 R CONTRIBUT AFTER ws I J 4f Or WILL APPEAR ON YOUR NEXT V L. IOR. NO. 12777 THE EMPLOYEE SAVINGS AND INVESTMNENT LAM FOR EMPLOYEES THE LID ESHAG CORP. TheTravelers'r JONES t MICHAEL A STATEMENT OF ACCOUNT AS OF 09/30/3957 ' IDENTIFICATION NUMBER AN 1 54_4839 LOCATION CODE TFIANSACTIQNS FOR PERIOU 06/3D/1987 TNRU 119/30/1987 BASIC r,PRIOR VALUE o CONTRIBUTIONS ? N THORAWALS n, ADJUSTMENTS/TRANSFERS i EARNINGS CURRENT VALUE SUPPLEMENTAL i PRIOR VALUE ',CONTRIBUTIONS ADJUSTMFNTS/TRANSFERS EARNINGS CURRENT VALUE ?.c COMPANY PRIOR VALUE CONTRIBUTIONS WITHDRAWALS ADJUSTMENTS/TRANSFERS FORFEITURES EARNINGS CURRENT VALUE FIXED 414.90 26502n :n li.l 69..2 .DO ':000 .08 65.96 06.08 ODD won .t2on 277:31 SUMMARY OF ACCOUNT FROM INCEPTION'THRU 09/30/3987 .c. CONTRIBUTIONS EARNINGS DISTRIBUTIONS CURRENT VALUE BAPPLEMENTAL 675:0 17:OU 00p0p 693 0 MPANY 270.20 7.11 :8S -7a 51 TOTAL 4 Q a n TRANSACTIONS WILL APPEAR ON YOUR NEXT TIC PLAN NUMBERt 12777 T EH EMPLOYEENSA?VINGSAND T}1eTtAVllets'J LOCATION 001 INVESTMENT PLAN FOR EMPLOYEES AS OF 03/31/1994 MICHAEL A. JONES SOC.SEC.NOi 178-54.4839 RR 41 BOX E9 LAKE ARIEL PA 18436 ACTIVITY FOR THE PERIOD 12/31/93 TO 03/31/94 EMPLOYEE ACCOUNTS FIXED PRIER BALANCE 5,085.86 EARNINGS 88.60 END BALANCE 5,174.66 COMPANY ACCOUNTS PRIOR BALANCE 2,460.19 EARNINGS 42.95 END BALANCE 2,503.14 r I m SUMMARY OF ACCOUNT SINCE INCEPTION THRU 03/31/1994 ¢QU$C CONTRIBUTIONS DI STRIBUTIONS EARNINGS CU RRENT BALANCE BASIC 3,205.43 0.00 1,969.23 5,174.66 COMPANY 1,565.41 0.00 937.73 2,503.14 TOTAL 4,770.84 0.00 2,906.96 7,677.80 PRE187 AFTER-TAX CONTRIBUTIONS 0.00 POST186 AFTER-TAX CONTRIBUTIONS 0 3,205.43 QUESTIONS REGARDING YOUR ACCOUNT SHOULD BE DIRECTED TO YOUR PLAN ADMINISTRATOR. TRANSACTIONS AFTER 03/31/1994 WILL BE ON YOUR NEXT STATEMENT. PLAN NUMBERt 12777 TION 001 MICHAEL A. JONES RR 01 BOX E9 LAKE ARIEL THE LOVESHAW CORP, THE EMPLOYEE SAVINGS AND INVESTMENT PLAN FOR EMPLOYEES AS OF 03/31/1994 PA 18436 TheTravelers'SOC.SEC.NOt 178-54-4839 0 EMPLOYEE ACCOUNTS PRIOR BALANCE EARNINGS END BALANCE COMPAN ACCOUNTS PRIOR BALANCE EARNINGS END BALANCE FIXED 5,005.86 88.00 5,174.66 2,460.19 42.95 2,503.14 BASIC 3,205.43 0.00 1,969.23 COMPANY 1,565.41 0.00 937.73 TOTAL 4,770.84 0.00 2,906.96 PRE087 AFTER-TAX CONTRIBUTIONS 9 0.00 POST186 AFTER-TAX 5,174.66 2,503.14 7,677.80 QUESTIONS REGARDING YOUR ACCOUNT SHOULD BE DIRECTED TO YOUR PLAN ADMINISTRATOR. TRANSACTIONS AFTER 03/31/1994 WILL BE ON YOUR NEXT STATEMENT. con SA O. JONES, I Plaintiff I i •. 1 NICEARL A. JONSS, Defendant I To the Prothonotarys in TER COURT OP CONN01K PLRAS OF CUMERRLRND COUNTY, PENNSYLVANIA CIVIL ACTION -- LAM IN CUSTODY 094-4024 CIVIL TERM Please discontinue this custody matter filed with this Court regarding Cynthia O. Jonas. Mr. Jones has agreed to allow Christopher Jones to accompany his maternal grandparents to Florida for his birthday. There is no need to continue with a Conciliation or a Court hearing. Dater March 24, 1997 ?- Ruby D. Weeks, Att rney for the Plaintiff cot Hubert Gilroy Raymond Ferrario Cynthia G. Jones 1 1 I ? It r l 4 ,i,, 15 I. 1 , 1 I. .? If i_ i r _i 1 11 1 1 ? I aril FILM-071CE' ill I ( r tl 1'-I ??l I `''I or 111 ,, A l 1 r? I r I? ? ??rtpy I ? .4i °1 r1 ,'a 97 MM 7..11 Ali 11137 ? 1 I I ?` ¢¢ y1 I I LI (? L tt 1???{'{•1 I I U1i?1pJ.?,?1?/ III i PC 1 1 i' Ift 'Yt I y 1 Iy11J ?4?u .i ;?I 111 ff !a 1 I' 1 I' 1•. 1????4t1, 1 " 1 , '„ el'a r?}I I ;}' I r ' I rv '1 I .•i? I? ? I 11 111 Ilr `..1 ? I 1 1 r 1 .. I i ' 1, , 111 r 1 1'I r 1 i i I 1 r r , 1 1 MVawMVlwErAaNl?,yy.4aa NIW?A4WwoW..leultklWn?i{4W41 rl ^""".'ll "' .. '. n ' I i i •' ... a..rarM+r4W Iw'WwwHrw aM1'?. '.... ,..?? M.....,...?r?., , r Il lltll 'kil ? - . 1 1y r. r + L. 1 I li * N li.. v ' t11 P,r ,` t b I Y Y"yF (n ' MI5 _ _ _ * 0'p 4wj (> .,1onr V • Mi(, .hae° A ..JcnCa Plaintiff Defendant •w :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :No. CIVIL 19?:)?J :CUSTODY/ VISITATION ORDER OF COURT AND NOW, this (date) upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before 11(' C Ch/. T the conciliator, at 4M rl,? r(; r,?m cc' C'm (k.tflbc•r1 rVA (c ` on the 1P" day of t`}?? -?_1 , at ?, M., for a Prehearing 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. Either party may bring the child who is the subject of this custody action to the conference, but the child/children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT: Custody Conc ator U YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, FOURTH FLOOR CARLISLE PA 17013 (717)240-6200 `"I, f . i " ra'. . ? ??. /? . •y.• ?..? ? ,? ':1 C ' ? ,';, ,.? ''?; 3 ?ay?9? 7Je? /a?a? ? ?/ ?i+?itiio ,, i ? 1 ?r i l , 1 , I RUBY D,WTMMS Attornoy At Lew 10 West M-P 9trcar MAR 1 3 Igy7d- C.arlhile, P! 1701: I MAL CYMT/IA 0. JONES, Plaintiff •s. MICRARL A. JONES, Defendant IN THE COURT OF COMMON PLEAS OP CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CUSTODY /94-4024 CIVIL TERM 1 . AND NOW, 'his LV day of t-AC)( (_ ` 19, attached petition requesting authorization for CH upon consideration of the JONES to accompany his grandparents to Disney World for a birthday gift, t is hereby directed that CHRISTOPHER JONES, and the parties and Owir respectiv counsel appear before l 3_1? l J Xib ?, the conciliator, at? 1 on the .)day of _ r ( 1 19LLI-, at for a Pre-Nearing Custody Conference. At such conference, an effort will be ma to resolve the issues in dispute] or if this cannot be accomplished, to define Z11 narrow the issues to be heard by the court, and to enter into a temporary order.. children age five or older may also be present at the conference. Failure 6 appear at the conference may provide grounds for entry of a temporary or pexman9 t order. FOR THE COURT, Sys Custody Conciliator The Court of Common Pleas of Cumberland County is required b law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled i ividuals having business before the court, please contact our office. All arrangements ust be made at least 72 hours prior to any hearing or business before the court. You m t attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Office of the Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 Telephone: (717) 240-6200 CYNTEIA O. JOKE/, Plaintiff vs. NICEAEL A. JONES, Defendant in TEE COURT OF Comm !LEAS or CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAN CUSTODY NO. 094-4014 CIVIL TERM YOU, MICHAEL A. JONES, Defendant, have been sued in Court to allow your child CHRISTOPHER JONES, 8, June 24, 1988 to accompany his maternal grandparents on a trip to Disney World in Orlando, Florida as a birthday gift from them. You are ordered to appear in person at courtroom No. , Cumberland County Courthouse, Carlisle, Pennsylvania, on , the of , 19_, at _.M. for a hearing. Until such hearing, the current order of custody of the children shall be and remain in effect. If you fail to appear as provided by this Order, an Order for custody, partial custody or visitation may be entered against you or the Court may issue a warrant for your arrest. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 Telephoner (717) 240-6200 BY THE COURT, J. CYMTEIA O. JONES, 1 9lsletl!! 1 1 vs. 1 1 MICMAMI. A. JONES, 1 De[eadast 1 IM TEE COURT or Comm lLMAE OI CVMEERLAND COUNTY, P MMEYLVAMIA CIVIL ACTION - LAM CUSTODY 09{-{044 CIVIL TERM AND NOW, this day of _, 1997, it is ordered and directed that CHRISTOPHER JOHEB is hereby allowed to accompany his maternal grandparents, Leo and Kitty Oelinas, to Orlando, Florida, from April B, 1997 to April 18, 1997, to attend Disney World, as a birthday gift. BY THE COURT, eel Ruby D. Weeks, esquire, for mother Raymond ferrario, Esquire, for father v. CYNTEIA G. ions, Plaintiff i i •s. t t NICEAEL A. JONES, Defendant i in Tam COURT OP COMM MPLEAS OF CUNEERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAN CUSTODY NO. 094-4024 CIVIL TERN TO TER EONORARLE, THE JUDGES OF SAID COURTS 1. The Plaintiff is, CYNTHIA 0. JONES, hereafter referred to as the natural mother, residing at Box 100, Boiling springs, Cumberland County, Pennsylvania, 17007. 2. The Defendant is MICHAEL A. JONES, hereafter referred to an the natural father, residing at Box 318, R.D./2, Waymart, Wayne County, Pennsylvania 18472. 3. The attached order of custody which is made a part hereof as though fully set forth herein is presently in effect between the parties. 4. The child is presently in the custody of the natural mother, who resides at Box 100, Boiling Springs, PA 17007. 5. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the CHRISTOPHER JONES in this or another Court since the attached custody order was issued by this Court. 6. Plaintiff has no information of a custody proceeding concerning the children pending in a Court of this Commonwealth. 7. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 8. Each parent whose parental rights to the children has not been terminated and the person who has physical custody of the children has been named as parties to this action. There are no other persons who are known to have or claim a right to custody or visitation of the children, so none will be given notice of the pendency of this action and the right to intervene. 9. Pursuant to the Custody Act, the mother requests this Court to grant her request to allow CHRISTOPHER JONES to accompany his maternal grandparents on a trip to Disney World in Orlando Florida, planned for April 8, 1997 to April 15, 1997 as a birthday gift for the child. Never dreaming that the father would object to the trip, the grandparents have already purchased airline tickets and expended a considerable amount of money for this. In addition, the child in already aware of the plans and is very much look"g forward to the trip. The father is unreasonably withholding his consent, giving no valid reason for his refusal. 10. The mother requests this Court to authorize the child's accompanying his maternal grandparents from April 8, 1997 to April 15, 1997 to Disney World in Orlando, Florida. 11. The best interests and permanent welfare of tho child and his physical, spiritual, emotional and moral well-being will be served by granting the relief requested. 12. Plaintiff mother prays for an Order authorizing CHRISTOPHER JONES to accompany his maternal grandparents from April 8, 1997 to April 15, 1997 to Disney World in Orlando, Florida. WEEREFORE, Plaintiff mother prays for an Order authorizing CHRISTOPHER JONES to accompany his maternal grandparents from April 8, 1997 to April 15, 1997 0 Disnew World in Orlando, Florida. Respectfully submitted, ?) Z Ruby D. W eks, Esquire Attorney for Plaintiff 10 West High Street Carlisle, Pennsylvania 17013 (717) 243-1294 ccl Raymond Ferrario, Esquire COMNIMNRJILTN Of PNNK5nVANIA i i as COUNTY OF CUMRLRMD Personally appeared before me, A Notary Public in and for the Commonwealth and County aforesaid, the under-signed, being duly sworn according to law, deposes and says that the facts not forth in the foregoing Complaint are true and correct. $worn to and subscribed to before me this, 1 l t'14 day of `J,Pl s!A , 1901/. 1(/, g)el Notary P lic '/ NOTARIAL SEAL BNIRLEr P• CLEVEI-OF_R, NOTARY PUBLIC MY CommosslonnExpiressMa cn 5, 2000 t RECEIVED NOV 0 5 1995 V OCT 2 51095 (i CYNTHIA G. JONES, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA t v :NO. 4024 - CIVIL - 1994 t MICHAEL A. JONES, t l Defendant :CIVIL ACTION - CUSTODY' COURT ORDER AND NOW, this. day of , 1995, upon'consideration of ?. the attached Custody Conciliation Report, It Is ordered and directed as follows: 1. The attached Custody Stipulation and agreement of the parties is hereby incorporated as a Court order. 2. A Hearing is scheduled in Courtroom N 1 of the Cumbesrland County Courthouse on the _d,?k day of ? 199?,CAat q:OQ A.M. at which time testimony wit be to en on the Issue of transportation for exchange of custody. Counsel shall file with the Court and opposing counsel a Memorandum setting forth each party's position on the transportation Issue, a list of witnesses that will be callerd to testify on this issue and a summary of the anticipated testimony. This memorandum shall be filed at least ten days prior to the mentioned Hearing date. BY THE COURT, le - Sh*OIY, P- Judge Harold E- cc: Ruby D. Weeks, Esquire Raymond W. Ferrario, Esquire t?.ntw ccnu?e2?s,e.,' _ In Testlal6riY wDKlof; t hell unwed y hand and the *,of UId Court st Cerbi. ps. Y' 1 1 r ry' ? K ?1 R(Rca7'--7- 11:' / fit. L.: 1 ?' ? 1'1? ?r{IIIAVII 1.1. 4 F? I CAI y rl li CYNTHIA G. JONES, Plaintiff v MICHAEL A. JONES, Defendant tIN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : tNO. 4024 - CIVIL - 1994 r :CIVIL ACTION - CUSTODY PRIOR JUDGE: JUDGE HAROLD E. SHEELY, P.J. I .M 1 CONCILIATION CONFERENCE SUbAlARY RE'PQRT n,aG'P`" IN ACCORDANCE WITH CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The information pertaining to the children who are the subject of this report is as follows: Christopher Jones, born June 24, 1988, Brian Jones, born May 14, 1991, and Rachel Jones, born October 26, 1994. 2. A Conciliation Conference was held on October 20,.1995, with the following individuals in attendancet The Mother, Cynthia G. Jones, with her counsel, Ruby D. Weeks, Esquire, and the Father, Michael A. Jones, with his counsel Raymond W. Ferrario, Esquire. 3. The parties agreed on all the particulars of a custody arrangement but could not agree on a transportation issue. The parties originally lived in a town north of Scranton.. At separation, the Mother moved to the Cumberland County area to be with her family. Father wants Mother to share, equally in the transportation. Mother is only willing'to meet halfway on Sundays and share transportation on that day. She is unwilling to share the transportation otherwise.' A Hearing is required on the transportation Issue. 4. The parties filed with the Conciliator a Custody stipulation that resolved all issues except the transportation. The Conciliator recommends an Order in the form as attached. ivy; Y Q6,-- 6xljw?-tvi' /,/ DATE Hubert X. G rcy, Es Ire , Custody Conciliato 1 ?I.u I CrNTefA O. JONES, IN Tai COVRT or COMNOM FLeA/ or w ' rlalatifL CVKBBRLRND COUNTY, PUN6YLVANIA ve• CIVIL ACTION - LAN - t CUSTODY' MICeAEL A. JONES, Defendant NO. CIVIL 19 This Agreement and stipulation entered into the day and year hereinafter not forth, is by and between CYNTHIA Q. JOMYB, natural mother, by hie Iattorlley,'' ?! ?'V Ruby D. Weeks, Esquire, and natural father, by his attorney, RAYMOND N. fZRRARiO, Esquire, who aver as follow n . 1. Plaintiff is Cynthia G. 'Jones natural mother 'and an adult sul curie, who resides at Box 100, Boiling springs, Cumberland County, Penneylvanlap` 17007. II. Defendant is Michael A. Jones natural Lather and an adult sul curls, who resides at 1127 Black Bear road, Wayne County, Pennsylvania, 14436@ III. Mother and father are the parents of three children, Christopher Jonee,' born June 24, 1988 and Brian Jones, born May 14, 1991 and Rachel Jonee,, born October 26, 1994. IV. The parties agree to the following custody terms regarding custody of the children and request the terms be'lentered a an order of Courts A. The parties shall have joint, shared, legal custody of the children. 0. The mother shall have act0al physical custody of the children, with partial custody awarded to the father as followms I.Two weekends a month from 600 p.m. Friday to 6100 p.m* Sunday as on the first and third 1eekends of each month. November 10th to 12th and 24th to 26th 19951 December 8 to 100 December 26, 1995 to January 1 at 200 p.m. 19961 January 12 to 15 19961 January 26 to 28 1996; rebruaey 2 to 4 and 16'to 19 19961 March 1 to 1 and 14 to 17 19961 April 5 to 7 and April 26 to 26 19961 May 10 to 12 and 24 to 26 19961 September 6 to 6 and 20 to 22 1996. It is the intent of the parties that each year when the father receives his national guard duty 1 _ a r r ?l?rr i t schedule that the parties will arrange for the entire year the weekend schedule taking the father'e national guard duties into consideration. 2. Starting in 1996 during the summer months of June July and August the tether shall have partial custody for a total of thirty days to be taken ton consecutive days at a time in each of thou months from. 9100 a.m. on a Friday until 6100 p.m. the second following Sunday. This paragraph supsrsedoo the alternating weaken s m u era above. For 1996 these data area June 21 to 10 19961 July 17 to 2&S3j _ypuat to 16 1996. „ fi e, `• tl 1. The mother in to have the entire Thanksgiving day in' 199116 Commencing in 1995 and odd numbered years thereatter, the father shall have partial custody of the children each Thanksgiving and each taster Sunday and one- halt of whatever school vacation is provided by the school calendar, which into„ - includo the holiday. In the even numbered years, the mother will have the Thanksgiving and Canter Sunday holidays and one-half, of the school vacation Nor those holidays. The parent not having the children for the holiday shall haw* the remaining one-half of the school vacation, Thanksgiving and Raster holidays each year. 4.)a.) For 1995 and odd numbered year thareafter the mother shell have the first halt of the children's school holiday to include both Chriettas Eve and Christmas Dayl, the father shall have the second half of that school holiday period. (b.) for 1996 and even numbered year thereafter the lather shall -o- have the first half of the children's school holiday to include both Christmas Eve and Christmas Day1 the mother shall haye the second hall of that school holiday period. 5.1a.) The father shall always have partial custody of the children on Father's Day from 900 ¦.m. to St00 p.m. and the inother on Mother's Day, even it that day would have otherwise been a day for custody of the children with the other parent. 2. • ? 1 • 1 . A F 1 1 1. , .11 i l,l! ?W t (b.) The father shall have name period of partial custody with each child on the child's birthday and on the fatherom birthday to salebrate th e occasion. Likewise, the mother shall always have time with each child on her birthday and on the child's birthday even if theme days were ordinarily days of the father's partial custody. 6. The parties agree that Dr. Robert Morten M.D. of Mewling IPA 164370 will continue to be the children's pediatrician when the children are with the father, and accordingly , he will provide medical treatment to the children W"? Nl necessary, at the father's expense for items not covered by health lnsuranos.' 7.The parties agree that each parent shall be entitled to have , conferences with any physician , dentist, counselor, or other health case provider, treating the children, and each parent shall be entitled to copies of reports regarding a child's treatment. i • ? 1 .. ' t: ,0 ?ri 2•, The father agrees to call at lust 24-hour before appearing for an?Irat.. visit and to confirm theme prearranged periods of partial custody at least twenty-four hours (241 In advance. The wife agrees not to unreasonably withhold ..resent'-' for ouch visitation or perlode of partial I custody by. the ^.ather., q. Time is of the essence regarding the, father's plok-upend return of the children for period* of the father's partial'., custody. The parties agree that if the Lather has aet,plck Of i#,Pj up the children within one hour. of the set t?mep that period of partial custody is forfeited by the 0fether and the mother " and children are free to make other plane, unless the father has notified the mother in advance of an emergency a?tuatloa whLch prevents his timely arrival. 10 • The parties shell notLfy.each other in a timely fashion if lt' to necaeeary due to an emergency or unforeseen circumstance ' for him or her to be delayed at any of the times eet out horein. It le intended, however, that time be of the essences and that the partle¦ an strLctlla as possible comply with the times not forth,hereLn. I1. The parties will notify and consult with the other party immediately in cases of medical emergencies thatloccur while the children are in each parent's culody. 12. The father agrees to continue the children in and to treneport' ? " them to and from their regularly scheduled activities which occur while he is In this area during his periods of partial custody. Tito mother agrees to keep his timely advised of these events. !/ , Lt. The parties acknowledge that the child has the following { medical conditions and that each parent will ensure that the recommended dlet•ry, medical and environmental restrietlons and tre•tment• are adhered to, including but not limited to, . y nonerpoeur• to animals and cigarette smoke, and that the children will receive all prescribed dosages of msdloation and treatment as directed by the physician. a. Christopher - Croup and respiratory problems „ b. Brian - Suspected aolitle end gaetro intestinal problems It is acknowledged that these health problems often occur at night, and Lite tether agr•ee'to week pecmpt medical treatment when the a re with him and. such problems children __- n)./ 'l ?f tf` .4 ArK{ -ww ?r coil iUrAprr 11Wa•- w YT N l •4 . The • h r shell l l • t • tr ispa tlon to.one from hl - periods ok partial custody. After March ]l, 1ff{,;the mother 4grse¦ to most the tether one-half way at a mutually-agr}ad- upon location in Frackville, 'IPA. at such times as the lather turning the chLldren to the mother's custody. lg. The parties •halr ix@hingi-1nZint'and'ohLldtin'a ear seats, with the mother providing these to the father as necessary when he picks up the children. The father shall promptly return the car seats to the mother' at the time he ratarne the i children. I , 11 - lR. The father may have partial custody of the 'children during ' such additional periods as the parties shall tram time to time agree, without the need to modify the Order of Court'antered as a result of this Stipulation. C rl V?. lee 100 t 0• l;. ', irk 7 I' The parties agree that the tether shall be allowed rresaeneble r rl rn rl rr telephone time contact between himself and the children when "'1 S! the children Ore with the mother. L.LkewLse, when the children are with the father, the mother shell be allowed reasonable telephone contact with the children. The parties agree that they shall obtain each others written consent before removing the children from Iennsylvanler and they 0100, agree to provide the other parent an emergency telephone number'and address In the event they do remove the children from Pennsylvania. Neither parent shall do anything which" may ''estrange the r?r ' 4 t children from the ocher parent or injure the opinion of the children as to the other parent, or which may hamper the free and natupal development of the children's love or affection for the other parent. Likewise, each parent shall encourage - their relatives not to belittle or disparage the other parent to the children. t The portion agree that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other. .. yk OtyA +At1J rh M?."?•.f,Srerl.! r I . I ?#. 4 I ' rl' 1 I L I' ,I li rr 1 I IN WITHE88 WHEREOF, the parties hereto intending to be legally bound by the terms hereof,{ not forth their hands and seals this 70th day of October, 1995. Ru y D. Weeks, Esquirs - C 11 A c. JO Attorney for Plaintiff Plaintiff 10 West High street Carllsle,iPA 17011 1 . AttornAaf for Defendant suite 78 reran on Life Building 618 spruce street ecranton, PA 18601-1816 i V COMMONWEALTH OF PENNSYLVANIA i COUNTY OF CUMBERLAND ss i' On this, the . n ?/( day of Public, the undersigned officer -?-r l9G,Zr befpre'e1eP • Np Y Personally appeared, MICHANL A,'Joan$ know me to be the person whose name is subscribed to the within Custody Ntlyulal and Agreement, and acknowledged that she executed the same I„ therein contained. foe the'purpe MAfIr1rN A LAD' W, Na.?, pr;;.. / ?fig , 1997 NotarY• P 4 e i COMMONWEALTH OF PENNSYLVANIA t COUNTY Or CUMBERLAND ee t On this, the .' ' ' ) day of Public, the undersigned officer, -?i_I 19 tore me* •:Npta personally appeared, CYNTHIA O, JOHNS me to be the person whose name in subscribed to the. within Custody itlpula L and Agreement, and aekngwledged that he executed the same for the purppa, therein contained. ......-• NOW 1, `l .. `. l -Al MAIIYLrN A t4j` ?l, A?Aer P?ANp I / f:i1kV0. CumMWy C,auny ?. 17 t 17 Notary Pub to i ^, MAY 7 1 too7bv CYNTHSA 0. JONES, tIN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA I V :CIVIL ACTION - LAW I MICHAEL A. JONES, :NO. 94-4024 CIVIL TERM Defendant tiN CUSTODY COURT ORDER ??11 ?y AND NOW, this a day of May, 1997, the Conciliator being advised that the parties have reached an agreement, the Conciliator relinquishes jurisdiction. nu"V&l A. WAAL X o Custody Concili or li ru ??,-orr?c? fl;? ?, . ,•„;-? ?,-,;dry S???rc'???.' I,ri???R` ' i. i? ., ? ? ? ? 1 i _ ? ;? ?. ' r ' ' . ', i ' i ? ? 1 1 I ?. ? ? I ? i i ?' ? i ? ?. ? ? ' i ? ? ? i i i 1 i ?. i ' ' 1 t 1 MICHAEL A. JONES I IN'1'I11i c'OURT OF COMMON PLEAS Oh PLAINTIFF t CLIMI)FRLANDC01 IM Y. PENNSYLVANIA V. t CYNTHIA JONES t 94_4014 & CIVIL ACTION LAW V/ DEFENDANT q,j_ LA-77 t t IN CIISTODY 91MIEWOF-C-0-U i : AND NOW. Frlday, April 20, 2001_ - ___ _.. . upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear hefbre Hubert X. Gilroy, Esq. the conciliator, at 4th Floor. Cumberland County Courthouse. Carlisleon Frida?Dlay 11.2001 at 8t30 a.m. 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 he heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders. Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR TI IL: UOIIIt 1'. By: _. /s/ -----HubivZLX. GilroJ1..EFf/?. -- Custody Conciliator The Court of Common Pleas ol'C'umberlaod 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 befirre the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE'I'll IS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT' AFFORD ONE. GO'I'O OR T'ELENIONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERFi YOU CAN (it; f LEGAL It 11, . Cumberland County liar Association 2 Liberty Avenue Carlisle. Pennsylvania 17013 'telephone (717) 249-3166 Plely o l APR 2 ? PH 12, 19 CUMBEriNSYLVMA I , II Ii ?I ?I R? I I I,, x FRANK 3. RUGGIERO, ESQ. Attorney for PLAINTIFF, MICHAEL A. JONES Identiftabon No. 79850 Law OMlaat P O Box 178 108 North Main Strad Taylor, Ponn"Wenle 18517 Phonet(570)562-2728 APR 1i nom MICHAEL A. JONES RR 2 Box 2430 Waymart, PA 18472 Plaintiff VS. CYNTHIA JONES 109 Andrew Court Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW IN CUSTODY AND NOW, this day of consideration of the attached Complaint, respective counsel appear before Conciliator, at the day of , 2001, at a.m./p.m. for a Prehearing 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. Either party may bring the children who are the subject of this Custody Action to the Conference, but the children's attendance is not mandatory. Failure to appear at the Conference may provide grounds for entry of a Temporary or Permanent Order. BY THE COURT: BY: Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, FOURTH FLOOR CARLISLE, PA 17013 (717) 240-6200 _ , 2001, upon it is hereby directed that the parties and their the on FRANK I RUGGIERO, ESQ. Attomey for PLAINTIFF, MICHAEL A. )ONES Identlfb bon No. 79850 Lew Of low; P 0 sort 176 109 North Main Street Taylor, hnneylvenle 16517 Phonet(570)562.2728 MICHAEL A. JONES RR 2 Box 2430 Waymart, PA 18472 Plaintiff vs. CYNTHIA JONES 109 Andrew Court Carlisle, PA 17013 Defendant IN THE COURT OF COMMON PLEA5 OF CUMBERLAND COUNTY CIVIL ACTION - LAW IN CUSTODY AND NOW, comes the Plaintiff, Michael A. Jones, by and through his attorney, Frank J. Ruggiero, Esquire, and hereby avers as follows: 1. The Plaintiff Is Michael A. Jones, an adult and competent individual currently residing at RR 2 Box 2430, Waymart, PA 18472. 2. The Defendant Is Cynthia Jones, an adult and competent individual currently residing at 109 Andrew Court, Carlisle, PA 17013. 3. On or about October 20, 1995, the parties entered into a Custody Arrangement whereby father was to provide the transportation to and from his periods of partial custody until March 25, 1995, when mother would meet half way to a mutually agreed upon location in Frackville, Pennsylvania upon the return trip. (See attached Exhibit "A".) 4. On or about October 20, 1995, the parties entered Into a Custody Arrangement whereby father, starting In 1996 during the summer months of June, July and August the father shall have partial custody for a total of thirty days to be taken ten consecutive days at a time In each of these months from 9:00 a.m. on a Friday until 6:00 p.m. the second following Sunday. This paragraph supersedes the alternating weekend schedule in paragraph one above. For the 1996, these dates are June 21 to June 30, 1996, July 12 to July 21, 1996, and August 9 to August 18, 1996. (See attached Exhibit "A".) 5. On or about March 25, 1996, this Honorable Court entered an Order directing that from the beginning of Daylight Savings Time in the Spring to the end of Daylight Savings Time in the Fall, the parties shall meet halfway to exchange the children when they are returning from their father's care. At all other time, Michael Jones Is responsible for transporation. Also, Cynthia Jones is order and directed to work with Michael Jones in order to facilitate a satisfactory arrangement for picking up the children on Fridays in the event that Michael cannot take time off work. (See Attached Exhibit "B".) 6. The Plaintiff has partial custody of the following children: Name Present Residence Age Christopher Jones 109 Andrew Court. Carlisle, PA 17013 1_ Brian Jones 109 Andrew Court. Carlisle, PA 17013 _9 Rachel Jones 109 Andrew Court. Carlisle, PA 17013 6 7. The children were not born out of wedlock. 8. The children are presently In the custody of Cynthia Jones who currently resides at 109 Andrew Court, Carlisle, PA 17013. 9. During the past five (5) years, the children have resided with the following persons at the following addresses. Persons reside with Addresses Dates CVnthla Jones _ 109 Andres Court. Carlisle, PA 17013 1225:219M 10. The mother of the children Is Cynthia Jones, who currently resides at 109 Andrew Court, Carlisle, PA 17013. She is single. 11. The father of the children is Michael A. Jones, who currently resides at RR 2 Box 2430, Waymart, PA 18472. He is single. 12. The relationship of Plaintiff to the subject children is that of Natural Mother. The Plaintiff currently resides with following persons: Name Relationship Alan Jones _ Parents Carol Jones Parents 13. The relationship of Defendant to the subject children is that of Natural Father. The Defendant currently resides with following persons: Name Relationship Christopher Jones Son Brian Jones Son Rachel Jones Daughter 14. Plaintiff has participated as a party or witness, or in another capacity, In other litigation concerning the custody of the subject minor children in this or another Court. 15. Plaintiff has no Information of a custody proceeding concerning the subject minor children pending In a court of this Commonwealth. 16. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the subject minor children or claims to have custody or visitation rights with respect to the children. 17. The best Interest and permanent welfare of the child will be served by granting the relief requested by the Plaintiff because the relief requested will be In the best Interests and permanent welfare of the children. WHEREFORE, the Plaintiff, Michael A. Jones, respectfully requests that this Honorable Court grant his Petition for Modification of the Custody Agreement dated October 25, 1995, and subsequent Order of Court dated March 26, 1996. RESPECTFULLY SUBMITTED, Fr k J. gglero, Esquire Attorney for Plaintiff, Michael A. Jones FRANK J. RUGGIER09 ESQ. Attorney I'or PLAINTIFF. MICIIAHI. A. JONES Wndacation No. 79850 Lew Omcest P O Boa 176 109 North Maio Street Taylor, Peonsylvaolo 16517 Phooet (570) 562.2726 MICHAEL A. JONES RR 2 Box 2430 Waymart, PA 18472 Plaintiff VS. CYNTHIA JONES 109 Andrew Court Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW IN CUSTODY NO. VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unswom falsification to authorities. Date: /G A4,4,tei-l 14701 n ' Michael ,one laintiff s CYNTHIA 0. JONES, I IN TSE COURT UP COMMON FLEAS OF Plaintiff I CVMBSRLAND COUNTY, FENNBMVANIA I •s• I CIVIL ACTION - I.AW I CUSTODY NICBAEL A. JONES, I Defendant I HI). CIVIL !9 ,{VSTODY STIPULATION AND AOPIrME This Agreement and Stipulation entered into the day and year hereinafter met forth, la by and between CYNTHIA G. JONES, natural mother, by her attorney, Ruby D. Weeks, Enquire, ¦nd naturc.l father, by his attorney, RAYMOND W. FERRARIO, Esquirn, who aver as follcwal 1.? Plaintiff is Cynthia G. Jones natural mother and ¦n adult ¦ui furls, who resides at Box 1CO, Bolling nprlrgs, cumberland County, Pnnnsylvania, 17007. Defendant is Michael A. Jones natural father and an adult sul curls, who resides at 1127 Black Bear road, Wayne County, Pennsylvania, 18436. Mother and father are the parents of throe children, Chrlstcpher Jones, born Jute 24, 1988 and Brian Jones, born May 14, 1991 and Rachel Jones, born October 26, 1994, j IV. The parties agree to the following custody terms regarding custody of the children and request the terms be'unter`cd ax-Ln Ordir it Courtr ! "• A. The parties shall have joint, shared, legal custody of tho children.. ^ :,r B. The mother shall have actual physical custody of the children, With A; partial custody awarded to the father as follower r l.Two weekends a month from 6rOO p.m. Friday to Sr00 p.m. Sunday sa on the first and third weekends of each month. November 10th to 12th and 24th ;.to 26th 1995/ December 4 to 10, December 26, 1995 to January 1 at 2r00 p.m. 1996/ .'January 12 to 19 19961 January 26 to 28 1996/ February 2 to 4 and 13 to 19 19930 March 1 to 3 and 14 to 17 19961 April 5 to 7 and April 24 to 23 19941 May 10 to 12 and 24 to 26 19961 September 6 to 6 and 20 to 22 1996. It Is the Intent of the parties that each year when the father receives his national guard duty EXHIBIT ?, , schedule that the parties will arrange for the entire year th,) weekend schedule tnking thrn father's national guard duties Into conslderatl,on. 2. Starting in 1996 during the summer months of June July and August I the father shall have partial custody for a total of thirty days to be talon tan cuasecutive days at a time in each of those months from 9r00 a.m. on a Friday until 6t00 p.m. the second follo'.+Ing Sunday. This paragraph oupereados the ti alternating weekend ¦chedYlantiaiu!n pa • raph..o above, F,N.ornS1996 these dates area ??e,,. June 21 to 70 19981 July 12 to 21 19 to is 1996. 1. The mother is to have the entire Thanksgiving day in 1995. Commencing in 1995 and odd numbered years thereafter, the father shall have i ?• partial custody of the children each Thanksgiving and each raster Sunday and one- ' ? half of whatever school vacation is provided by the school calendar, which is to :includn tho holiday. In the oven numbered years, the mother will have the 1i Thanksgiving and Easter Sunday holidays and one-half of the school vacation for those holidays. The parent not having the children for the holiday shall have the remaining cite-halt of the school vacation, Thanksgiving and Easter holidays i. each year. 4.(a.) For 1995 and odd numbered year thereafter the mother shall have the first half of the children's nchool holiday to include both Christmas r- Eve and Christmas Day; the father shall have the second half_ of that school "•, holiday period. (b.) For 1996 and even numbered year thereafter- the father shall :J.""';have the first half of the children's school holiday to include both Christmas Eve and Christmas Day; the mother shall have the second half of that school " holiday period. r'. 5.(a.) The 'father shall always have partial custody of the children •'r . 1 . on Father's Day from 900 a.m. to Soo p.m. and the mother cn Mother's Day, even if that day would have otherwise been a day for custody of the children with the other parent. 2. ( (b.) The father at.all have come period of partial custody with each child on the child's bir%.hday ¦nd ca the father's birthday to celebrate the oenaelon. Likewise, the mcther shall always have tlrta with each child on Aar I birthday and on the child's birthday even U these days were ordinarily days of tl the father's partial custody. 6. The parties agree that Dr. Robert Morten M.D. of Hamlin, Ph 1$427, will continue to be the children's ?r*.. pediatrician when the children are with the father, and accordingly , he will provide madlcal treatment to the children when necessary, at the father's expono• for items not covered by health insurance. •' ( 7.The parties agree that each parent shall be entitled to have conferences with any physician , dentist, counselor,, or other health care provider, treating the children, and each parent shall be entitled to copies of reports regarding a child's treatment, t` . ..4K , Jj ?.? RS ? 1 ? . ? 114 1T...t?r t { ., / '•f't ?R', ._. i. L ?: , -' ?''! ? t ? , ? r r ? , I • 1 . '1 { ' r ? T is F ? , qr. 4 /ryr/ ' .. It hi' f ` ?.. A11' .:!v ' { 3 ' 0.0 The tathmr agrees to call at least 24-hours before appearing .v ad?•!.,• q J- for an'q;,r..- .. viuit and to confirm these prearranged porLodn of partial custody at least twenty-lour hours (24) In advance. The wife agrees not to unretaonably withhold consent foc such visitation or perlcds of partial custody by the father. _ g.. Time is of the eusenc• rugarding the lather's pick-up and return of the chlldrun for periods of the lather's partial custody. The parties agree that it the father has not picked ct;r ?•??` a " up the children within one hour. of thu eet'time, that period of partial custody is forfuited by the 'father and the mother "•?'' .y and children are free to makw other plans, unless the father has notified the mother in advance of ¦n emergency situation winch prevents his timely arrival. '1o'• The partlas shall notlfy.each other in a timely fashion If It in necessary due to an emergency or unforeseen circumstance •• for him or her to be delayed at any of the times mot out herein. It in intended, however, that time be of the a n ante, and that the parties as etrlctly as possible comply with the times ewt forth-herein. Tti- a P4rti3s will notify and consult with the other party Immediately in cases of medical eiiirgenclii Ehit{ocaii whlli tp the children are in each parent's custody. 1 2 ?he lather agrees to continue tha children In a d to • n transport i _ •' than to and from their regularly scheduled activities which - •.? occur while he to in this area during his perloda of partial custody. The mother agrees to keep him timely advised of I + ,? ?. +•, A . %Y', , lheie events. • ?* ,° ', ,? t 4 I f 1+3• The partiso acknowledge that the child has thu following medical conditions and that each parent will ensure that the recomeen4ed dietary, medical end environmental restrictions and treatments are adhered to, Including but not limited to, nonexposure to animals and cigarette smoke, snd that the children will receive all prescrlbed dosages of medication and i treatment ¦¦ directed by the physician. a. Christopher - Croup and respiratory problems b. Orion - suspected colitis and gestro intestinal ;;_ problems _ ... ;'•?;, St In acknowledged that chess health problems often ?•'/'r,ccur at night, and the lat;,er agrees to seek prompt medical 'treatment when the children ere with him and such problems ' riur._i,lllt Ct. «fYliiFtY-?y•Z0.4.i? i. 1!/1 (i hi he s 1d?. 'The talker ll p ovldo t s transportation to a from sha p'perlods of partial custody, hlter March 31, 1995, the mother l agree to meet the lather one-hall way ¦t ¦ mutually-agreed- upon location in Frackville, Ph, at such times as the father •..................................................... i_n',returning the children to the m9ther'e_custody..• i;'' ;': ` , ; 15, The par as shall exchange n an an children's car vats, • . . µ .•'?r i .`9 t with the mother providlnq,tAese to the lather as necessary 4 c when he picks up the children. The lather shell promptly ,r •. ?rsturn the car Data to the mother. at the time he returns the children. 5 16 The lather may have partial custody of the children during ., such additional period@ ¦e the parties shall froe tlei to time .,H agree, without the need to modify the order of =urk entered as s result of this stipulation. `I I 6 :.,_ ........_ ................... ... ,....., . ......,.... ......... .. ......,.... 1:7• The parties rgree that the father shall be allowed reasonable telephone time contact between himself and the children when the children Are with the mother. tLkauf.. ..w_- .._ are with thli father, the mother shall be allowed reasonable.. telephone -contact with%he children. ?; 18• The parties agree that they shall obtain each other's written convent before removing the children from Fennaylvacla, and L fr c+r y? , they also agree to provide the' other parent an emergency .' ?? ''s 'tolaphons number' and address In the event they do remove the children from Penn aylvanLa fly ",q Neither parent shall do anything which may estrange the try ,, { children from the other parent or injurs the opinicn o! tho _ children as to tho other parent, or which may hamper the free ham. J "' - - :and natural development of the chLldren'e•inve ov Affection for the othur parent. Likewise, each parent athall encourage their rarlatLves not to belittle or disparage the other parent f{h to the children.' rj Yp TAe' parties agree that In making tA . + _ • Lw in agreement, there has U r b9an no fraud 4 .? ..;v.?l ? _. , ,• concealment, overreaching, .coercion, or.other `.. unfair dealing ? . py tiia on the part of the other •„ x :. J•- 4 , d J 1- e S it 1A >.YS v •t' 1 '..r _ __' 't•?•=. ,'. I.P. r' rl+• ? tvl. ?"ar ? rSr L " J . it R' 1r p i? .. (rrN.tY r ? sit tt' x? ':?'1 ?'+ ?` ? ?`? , urr ?t.. • 'a/ w?h.?.'. I se ;., ZW WITM BN WaEALor, the ps{ties hereto intending to be 1c9411y bound by the t: "arms hereof,, sett forth their hands and seals this 40th day of Cctobsr, 1995. Ruby 0. Ndo s, Bequira .''• Attorney fir Plalntlft CYNT I\ 6. JOliES G/%•?:„..' 30 West High Streat PlalntlL[ L Carllsl 7 PA 17017 ',? `? 1y?,?,?. Y lf'. '.r• ? ? / ?' L... ', •r 'N t'>v -Lhl .' ^F i'L'?i>•,y ln7 erlo,.isqu re MICHAEL A. N a 4ti: s Attor y for Dotondent Suite 648 Defendant Scranton Lita Building - - . 538. Spruce Streat . ,;: ;'Scranton, 'PA " 18503-1818 '? - z- 1 1 _ rill. tr a: .r. t. s F . F i1. :le Z A L I. //? ll t Lt t t h •i ! P "''ir i..rT`.i' I r r{, 'A f ?7fwr r- y ' 1 ii 1,rr \ L . ,:.. r r L'' fit'-If -l LF`:{. r1 t?.4R.lR/K L•' n 1 '..'a ? , r ^t ; t t 1' ' r !, u ? r L t r Ir"t,G ' ti•' '.y ? :w- i L L r t ; A i L: ( ,' ., '•.f't xy10'?F/ ` ?N ?'1l 't n - r•( y. •l Ir ?4^'(??rysWy\.? ttr ' 1L ' ?1. r) r•r?tgr>.fIJ•r ?t ' ' :•tj rl'M/t SY,,•"` }?.y, Hl_4_'; y3L'y1i4r•?"v7????•'T .\? ;34, j ?. i? ?+-,,3 , _ {`{lfl;k.?^jny, y .i 7 rr??ti"? .r, J'j ?,• ...??'f .. \..T ??,.r: i. ?? Y\ ?„•l ?t y. \i ''.1er?1?l?,E?'?yh,_ r" '., l,.r i J?. 1 r j r.i '.?, r?L rt ,.rrly °rt l.l.F' ?J \ i1 / / l ? .. • ??}? ? i u,rS Y ar ?j ..,5 t t ?. S ??l b . ..?. c .. .. Jt .a+? 4, c:.u«F•- urti? rtiyy,, ! ! r . I *'{?? ' .tY•' i..F? irR 4'r\ •??+,?Sp .yr,al ". Ali 1'f'•yl - T 1 `^'r P.y?r 1 i:? iyr f? Y? ?}y? ?A• V?' .• ]+,{j?j '?]'{?Q.v, ._t;I• MAR " 8 M i CYNTHIA G. JONES, t IN THE COURT OF COMMON PLEAS OF Plaintiff t CUMBERLAND COUNTY, PENNSYLVANIA t V. t NO. 94-4024 CIVIL TERM t MICHAEL A. JONES, t NO. 94-6877 CIVIL TERM Defendant t t CIVIL ACTION - LAW IN R t PETITION FOR SPECIAL RELIEF AND PETITION TO TRANSFER VENUE BEFORE SHEELY P J ORDER AND NOW, this Z :! day of MARCH, 1996, Michael Jones, petition to transfer venue of this action to Wayne County is DENIED. Cynthia Jones' petition for special relief in likewise DENIED. However, Michael Jones is ordered and directed to resume mortgage payments on the marital real estate immediately and to continue payment each and every month until the property is sold. Finally, with regard to the custody transfer issue, it is ordered and directed that from the beginning of Daylight Savings Time in the Spring to the end of Daylight Savings Time in the Fall, the parties shall meet halfway to exchange the children when they are returning from their father's care. At all other tidies, Michael Jones is responsible for transportation. Also, Cynthia Jones is ordered and directed to work with Michael Jones in order to facilitate a satisfactory arrangement for picking up the children on Fridays in the event that Michael Jones cannot take time off from work. By the Court, Ruby D. Weeks, Esq. For the Plaintiff Raymond W. Ferrario, Esq. For the Defendant i' arold E. Shealy, P.J. r. •It ? i.l? L.., .I 11• ...I :old ,, •, : i .., EXHIBIT 1113 I CYNTHIA G. POaintiff t t V. t t MICHAEL A. JONES, t Defendant t t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-4024 CIVIL TERM CIVIL ACTION - LAW NO. 94-6877 CIVIL TERM IN REt PETITION FOR ¢PECIAL RELIEF AND PETTTTON TO TRANSFER VENUE Before the court are two petitionst the petition of Cynthia Jones (Wife)for special relief and the petition of Michael Jones (Husband) to transfer venue in this case to Wayne County. We are also called upon to settle a custody dispute about transportation that could not be agreed upon in front of the custody conciliator. We held a hearing on January 3, 1996, from which we made the following findings of fact. FIND ACS OF FACT 1. Husband is an adult male, 330 who resides at Box 318, Rte. 296, Waymart, Wayne County. 2. Wife is an adult female, 30, who resides at 219 Front Street, Boiling Springs, Cumberland County. 3. The parties married on April 19, 1986, and separated on May 2, 1994. 4. They are the parents of three children: Christopher, 71 Brian, 4; and Rachel, 1. 5. The major assets of the parties are the funds contributed by Husband to his retirement plane during the marriage and the jointly owned marital residence located at 1127 Black Bear Road, Hamlin, Wayne County. NO. 94-4024 CIVIL TERM 6. Husband is employed by a subsidiary of the Illinois Tool Works in Wayne County, earning approximately $32,000 per year gross. 7. He is also an officer in the Pennsylvania National Guard, from which he earns approximately $9,000 per year gross. 8. Wife is not employed, although she is a college graduate and certified teacher. 9. Husband pays $287 per week in child and spousal support. 10. Under the current custody order, Wife has primary custody of the children, and Husband has them for two weekends 'i per month. 11. It is, at minimum, a three hour trip from Husband's residence to Wife's residence. 12. At the beginning of the current custody arrangement, Husband would make the six-plus hour round trip to pick up and drop off the children on his weekends. 13. Lately, the parties have been meeting halfway to exchange the children on Sunday of Husband's weekends. 14. Wife does not own a car and must depend on her parents for transportation. 15. On Fridays of his weekends with the children, Husband f must leave work early in order to pick up the children on time, I and he has indicated that he may not be able to continue to do 6o. 2 I ". SAL , NO. 94-4024 CIVIL TERM 16. Wife is afraid to be alone with Husband because he has been verbally abusive and physically threatening to her in the past. 17. The mortgage balance on the house is in dispute, but in any event is in excess of $50,000. 18. The parties have attempted to sell the house, to no avail, and could not come to an agreement in order to facilitate rental of the house. 19. Mortgage foreclosure proceedings have been instituted by the mortgage holder, T.A. Bank. 20. on November 26, 1995, Husband disciplined Christopher by spanking him through his clothes. 21. A photo taken the day after the spanking indicated severe bruising on Christopher's buttocks. DISCUSSION First, we will address Husband's petition to transfer venue of this action to Wayne County. Husband contends that this action should be transferred to Wayne County because, among other things, the parties' jointly owned real estate is located there and all witnesses related to his employment and earnings are located there or in that area. Wife responds that this action has been properly filed here and should not be moved. We note initially that Pa.R.C.P. 1006 states: (e) Improper venue shall be raised by preliminary objection and if not so raised shall be waived... 3 NO. 94-4024 CIVIL TERM In this case, Judge Bayley of this court previously dismissed a preliminary objection based on venue. Thus, the venue issue has been decided, and a later petition to transfer venue should not be considered. However, even if we were to consider the petition, it is clear to us that venue in Wayne County is as inconvenient for the Wife as venue in Cumberland County is for the Husband. Furthermore, the testimony adduced at the hearing contained no information that would compel us to assail Judge Bayley's decision. The petition to transfer venue is therefore denied. Next, we shall consider the custody/transportation issue. As it stands now, Husband has a round trip in excess of six hours when picking up the children. The trip time is cut in half on the Sunday trip to return the children when the aforementioned exchange is made halfway. Husband desires to use the halfway meeting point on both tripe. However, Wife has indicated that the halfway exchange on Sundays is not feasible for her because her father will no longer accompany her and she refuses to meet Husband alone. The hearing testimony indicated that the halfway exchange is made at a McDonald's restaurant at the Frackville exit of Interstate 81: a decidedly public place. Wife, however, fears abuse if she meets Husband alone. Husband states that since his employer has changed, he cannot leave in time to pick up the children in Boiling Springs at 6:00 P.M. on Fridays. Therefore, 4 NO. 94-4024 CIVIL TERM Husband avers, the halfway meeting point is not only convenient, but necessary. Both Husband and Wife are credible witnesses. However, since they could not agree on this issue, we are forced to forge a compromise for them. We find that the halfway meeting point in Frackville is a good system. However, we are equally cognizant of Wife's fears. Therefore, we will fashion an order directing that the halfway meeting point shall be utilized, on the Sunday return trip only, from the beginning of Daylight Savings Time in the Spring until the end of Daylight Savings Time in the Fall. Thus the exchange during that part of the year will be made in daylight in a public place. We are also fully aware of Husband's difficulties with work and his long round trip. We therefore order and direct that Wife shall give him as much leeway as possible in arranging times to pick up and drop off the children. Additionally, we note that we would be willing to consider a change in the above arrangement to require a halfway meeting on both trips if it is shown that Wife has obtained her own automobile. Finally, we will address Wife's petition for special relief. The petition contains two counts, one for mortgage relief and one to compel Husband into psychological counseling. Regarding the mortgage payments, the evidence at the hearing indicated that the mortgage has not been paid in about six months and that foreclosure proceedings had been instituted by the mortgage 5 NO. 94-4024 CIVIL TERM holder. Because neither party was sure about the exact amounts at issue, Husband's counsel represented to the court that he would obtain up-to-date information about the foreclosure proceedings. He has provided the court with that information in a letter dated January 17, 1996. The letter stated that the mortgage on the jointly owned real estate has been in default since July 1, 1995. As of January, the principal, interest and late charges due amounted to $2,851.80. The mortgage balance is approximately $54,000. The present attorney fees for the foreclosure proceeding are approximately $500 plus an additional $200 for filing costs and service fees. The holder of the mortgage, L.A. Bank, has assigned the mortgage to Freddie Mac. The assignment, according to Gary Lavelle, Assistant Vice President of Assets for the bank, and Paul Horger, counsel for the bank, has greatly limited any discretion that the bank would have had in dealing with this foreclosure. Lavelle and Borger indicated that, in order to satisfy Freddie Mac, the arrearage would have to be paid current within three or four months. Lavelle also stated that it is unlikely that Freddie Mac would accept a rental arrangement, because that would neither pay the current debt nor take the property out of foreclosure. Furthermore, Lavelle and Borger both stated that an arrangement whereby the property is sold would be infinitely preferable to any rental scheme. On January 24, 1996, the court received a response letter 6 NO. 94-4024 CIVIL TERM from Wife's counsel. The letter states that the principal payment due as of January 22, 1996, is $50,776.30, and that interest and late fees amount to $2,071.33. Wife agrees that the attorney fees for the foreclosure are $500, but disputes the costa associated with foreclosure. Upon speaking with Borger and Lavelle, Wife's counsel learned that any rental scheme, to be acceptable to Freddie Mac, would require a rent payment of $1100 and is therefore not feasible. The letter from Wife's counsel also indicates that Wife has re-listed the property with Century 21 Real Estate for $60,000, which she wishes to reduce to $59,000. In her petition, Wife avers that her only income is the support she receives from her husband, and that she make current the mortgage payments. She desires an the court directing the husband to make current the payments in order to prevent foreclosure. Husband that he does not have the funds in reserve to allow the payments. has no way to order from mortgage represents him to make Before we resolve wife's petition, we must note that it in not our custom to conduct the business of this court through letters from counsel. If counsel had come to the hearing prepared to examine the real estate issue, we would not have to proceed in a manner that puts a severe strain on the court's time. 7 NO, 94-4024 CIVIL TERM We will not order Husband to make current the mortgage payments at this time, because he cannot. We will, however, order and direct that Husband resume the mortgage payments immediately and continue paying until the property is sold. The second count of Wife's petition for special relief seeks to compel Husband into psychological counseling because of the spanking incident on November 26, 1995. The evidence, including a photograph of Christopher's buttocks after the spanking, showed that the spanking was excessively severe. We cautioned Husband at the hearing, and reiterate here, that any abuse will not be tolerated, and will be dealt with swiftly and severely. However, since the testimony reflected only one incident, we will not direct psychological counseling at this time. ORDER AND NOW, this -,52Jl-tA day of MARCH, 1996, Michael Jones' petition to transfer venue of this action to Wayne County is DENIED. Cynthia Jones' petition for special relief is GRANTED in part and DENIED in part. Michael Jones is ordered and directed to resume mortgage payments on the marital real estate immediately and to continue payment each and every month until the property is sold. Finally, with regard to the custody transfer issue, it is ordered and directed that from the beginning of Daylight Savings Time in the Spring to the end of Daylight Savings Time in the Fall, the parties shall meet halfway 8 NO. 94-4024 CIVIL TERM to exchange the children when they are returning from their father's care. At all other times, Michael Jones is responsible for transportation. Also, Cynthia Jones is ordered and directed to work with Michael Jones in order to facilitate a satisfactory arrangement for picking up the children on Fridays in the event that Michael Jones cannot take time off from work. By the Court, /a/ Harold Be Sheely Harold E. Sheely, P.J. Ruby D. Weeks, Esquire For the Plaintiff Raymond W. Ferrario, Esquire For the Defendant told 9 --'Ik???ljl'li { I 1 li 1 'r ;,l l ?,1? 1 f I I I n'ii}.4 ?a ?tl ,I II . r r Y j?? I rll I .I 11' - i I II I ,III ? i ? II ?1, 1 r '. Lll L, 'I ? I Ihl EI?I"r?44 1 1111 .I' 1 i ' 1 IL.tl?l1?, 1 jl? Ii ( 1l 1 ? ' ?- I ?I 11 ? 1 I?,11 t1Yl r?i,;~ rll ? I I ? -T'I?.?JI 1?(•I,'?I e I 1«? ????? ?IJ ?i?r?l.?.4 I ' 'I' ,( I I,. h,r CU": ;.h;TY Fr fI I ,? I 11? ,, I I ri I , l ' { l I , rat t L 1 I I , 1 I. ? I Ili I loll I 11 ' 1 i _ t 1 I I I i ?Ilrl ' i i I , I , t k l 1 Till Alp ; 1.. , a r .. r i l6. I 10 ? ?;' :t I + ,?t 1, l l I I z ? .i. !. _?.?IS} a ?.? ,. I 5!? .. 1 r I ? ?I jl ?,,.: MICIIAEL A..IONES, IN THE. COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNT'V,PENNSVLVANIA V CIVIL ACTION - LAW CVNTIllA.IONES, : NO.94-4024 CIVIL. Defendant IN CUSTODV COURTORDER AND NOW, this ?'J44 day of July. 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as tifllows: A hearing is scheduled in Chun oont No. `!of the Cumberland County Courthouse on the _11day of ld ui.rsiL><__ . 2001 at /; 3o e.M. at which time testimony will he taken in the above case. At this hearing, the Father. Michael A. Jones, shall be the moving party and shall proceed initially with testimony. Counsel firr the parties shall file with the court and opposing counsel a memorandum setting forth the history of custody in this case, a summary of each parties position on the issues betbre the court, a list of witnesses who will he called to testifv and a summary of the anticipated testimony of each witness. The issues the court will address at this hearing are as follows: A. Father's request to modify the prior order with respect to transportation for exchange of custody. B. Setting a location tier the parties to meet firr exchange of custody. C. Determining whether Father is entitled to make-up time with any of the children as a result of Mother's actions during the summer of 2001. 1). Setting a summer visitation schedule for Father firr 2002. 2. Pending further Order of this Court. the following custody Order shall be in effect for the remainder of the summer: A. Father shall have custody of the three minor children tram Sunday. July 8. 2001 at Noon until July 26. 2001 at 7:00 p.m. Father shall then resume custody with the minor children on August 5, 2001 at Noon until August 9, 2001 at 7:00 p.m. when Father shall return Christopher to the Mother. Father shall keep the other two minor children in his custody until August 26.'_001 at Noun. B. Pending further order of this court. the parties shall exchange custody of the minor children at the times set firth above with the location to be at the McDonald's restaurant at the St. Claim exit off Interstate 81. BY THE COURT. cc: Ruby D. Weeks, Esquire Frank J. Ruggiero, Esquire 960 Scranton-Carbondale Highway Archbald. PA 18403 MICHAEL A. JONES, Plaintiff CVNTtIIA JONES, Defendant Prior.ludge: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.94-41114 CIVIL IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE. WTfll 'flII: CUMBERLAND COUNTY CIVIL RULE OI' PROCEDURE 1913.3-8(b), the undersigned Custody Conciliator submits the titllowing report: I. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Christopher Jones. born June 24. 1988: Brian Jones, bom May 14, 1991: and Rachel Jones. bom October 26. 1994. The Conciliator conducted numerous telephone conference calls with the attorneys for both parties. There was a great deal of confusion as to when the Father would exercise custody with the minor children during this summer. A temporary resolution was reached with respect to some issues on custody. but a number of issues remain unresolved. A hearing is necessary, and the Conciliator recommends the entry of the attached order to schedule a hearing and also continn what the parties have agreed to with respect to the remainder of this summer. DATE ?14 (IQ Hubert X. Custody Si Esquire MICHAEL JONES, : IN THE COURT 01: COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 94.4024 CIVIL. CIVIL ACTION - LAW CYNTHIA JONES, Defendant OR F, AND NOW, this 30• day of July, 2001, hearing in the above captioned matter set for September 7, 2001, is continued to Wednesday, October 3, 2001, at 1.30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle. PA. Ruby Weeks, Esquire For the Plaintiff Frank Ruggiero, Esquire 109 N. Main Street P. O. Box 178 Taylor, PA 18517-0178 For the Defendant BY THE COURT, --:?6 Vvy./ Kevin Hess, J. V ? :rlm ?, ?,' , '? 1 ? r I ? i i I ? ? i ' ? ? 1 r i i ? 1 I ? ? i y i ? ' ? ? ? ? ? ?.? I i i i I I ? ? I ? i ?. ? ? ? r .. ' ? i i ' ? 1 I ' ? i I i. i 1 i i ? i i i ? ? ? ? ? i r ? ? 1 ? ? ? - i ? 1 I, ? i 1 Irr r ? ? r i i FRANK ]. RUGGIERO, ESQ. AltwW for PkhW, Michael 7orow [dawketim Ho, 79850 Low Onkmat 660 6aant n-Cnbonda a Highway ArditK Pannaylvanle 16101 Phorm:(670)876-6001 Nov 2001 MICHAEL JONES Plalntiff Vs. CYNTHIA JONES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW IN CUSTODY ORDER AND NOW this 6+' day of A)gv.- ? 20010 It Is hereby ORDERED and DECREED that the attached Stipulation is hereby adopted and made an Order of Court. BY THE COURT: <N I I , I , j I s , , I, I i , 1 ' I , FRANK 3. RUGGIERO, ESQ. Aft" for PMW f, Mldied 30M wwakaum No. 79850 Law onimi 960 So Inn-Cii6a1b Highway ArchbaK Pwm"ware 16403 Pharr (570) 876.6901 MICHAEL JONES Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY VS. CIVIL ACTION - LAW IN CUSTODY CYNTHIA JONES SSIIPULATION AND NOW this Q 6 t day of _ & M?A-k 2001, upon Stipulation and Agreement of counsel for the Plaintiff, Michael Jones, and counsel for the Defendant, Cynthia Jones, It Is hereby Stipulated and Agreed as follows: 1) That the parties are agreeable to continuing all outstanding matters for a period of six (6) months and holding same In abeyance In the hopes of amicably resolving existing Issues between the parties; 2) That the parties agree that they will share all transportation concerning pick up and drop off of the minor children which will occur at the McDonald's at the Frackville Exit off Interstate 81. The only exception to the above being the pick up and drop off occurring in Hershey, PA when the Plaintiff, Mr. Jones, Is visiting his son, Christopher, at the Milton Hershey School; 3) The parties agree that the Defendant, Ms. Jones, will continue working with the Plaintiff, Mr. Jones, concerning his periods of partial custody due to his status as a Major In the Pennsylvania Army National Guard and his Drill Schedule which Is subject to change without notice; 4) That the parties will begin working on Summer Vacation Schedules for Summer 2002 and exchanging same within forty five (45) days from date of this Stipulation In the hopes of amicably resolving existing issues between the parties; 5) That the parties agree that they will keep each other appraised of all major decisions concerning the minor children and each party agrees to provide notification to the other concerning change In schedules, vacations, etc. 6) It Is further agreed by and between the parties that all other provisions of the March 25, 1996, Court Order shall remain In full force and effect until further Order of Court ?5t, G xao?L Frank . Rugg e , Esquire Ruby D. VMeks, Esquire Ir•nr'Ir .._ 1 r ? ( i , R , ?, l1 1r / , 'A' _ 1, I,, Iry ny p 1? E{<`. Iy?u 1'?.y??s??( 1 tl,' I ?l ! ?l .,... l.L+.L.L: Yf?1Y,1Y 17kiR 1.-- I x!/ 41 ?t 1.. IF ? ?. ? 151( l L y , IL."GI? LIitI?t rr ?? l r_ TOY yy ?r N y 1 ai _ r9 1 . t < ? ?` ', CU<'riGGlr t:?"J <1 ? IJUi?TY I I ? ? I I r> • „ , , !, ?? 1 II f MNSYLVAN'A , , , I I , S ??MI, 11 1 ?.. i I ! f r?,?( .ri lll? ry ;:111 ?l?. 1 ? ' i I - 1 f I A111'?? L f ??{{ 1Mr ? I , 1 1 S4'rl , I 11 r I I ? I ? , ? ? i I 1 I? ? ' II , 1 , , ? 1. ll` 1_II I ?Ir V ? I , I I ? 1 d 1 , YA Y ) ' 1 I 1. J ,y IM r .. .I ?! ' yJ 1hi kn I I h i , 4 1 „n 1 , ,I I. tt Y i G ' ?, I V 5 • tr++, I',l ? ?, I 1 r t. i I , ' N ?a7 ? ? 0 ~ I 1 ' ? • ` a ? FFjj u w w O ry q r~i ei N r? r , '. 1 41 , CYNTHIA 0. JOlmo, I IN THE COURT OF COMMON PLEAS 0 AUG l) 2002 Plaintiff I CUMESRLAND COUNTY, PENNSYLVANIA I va, I CIVIL ACTION • LAM I CUSTODY MICHAEL A. JONES, I Defendant I 094.4014 CIVIL TERM ORDER OE COURT' AND NOW, this day of Ofil"w , 20_, upon agreement of the parties, the attached Custody Stipulation and Agreement is made an Order of Court. /4uby D. Weeks, Esquire For Plaintiff Frank J. Ruggiero, Esquire For Defendant BY THE COURT, _X 44 > n°°' R 5 (--08.09 0k X J. L I Ii lJ Air - vii Q: I, I I I I ,. ? I I I i I 1 I I I CYNTHIA 0. JOHNS, Plaintiff Va. NICHAIL A. JONRS, Defendant i IN THR COURT OF CONKON PLUAS OF CUNBRRLAND COUNTY, PRNNSYLVANIA i CIVIL ACTION - LAW i CUSTODY s 094-4024 CIVIL TRRH {CUSTODY STIPULATION AND NOW, this r!' _ day ot'June, 2002, upon stipulation and agreement of the parties, and of counsel, Frank Ruggerio, Esquire for the Plaintift7father, Michael A. Jones and Ruby D, Weeks, Esquire for the Defendant/Mothcr, Cynthia G. Jones it is hereby stipulated and agreed as follows: I, a. The Plaintiff is Cynthia G. Jones, Mother residing at 109 Andrew Court, Carlisle, Cumberland County, Pennsylvania. b. 'The Defendant is Michael A. Jones, Father residing at 9 Falls Lane, Blakely, Wayne County, Pennsylvania, 18447. The parties are agreeable to a modification of custody stipulation order dated October 26, 2002 and the stipulation order dated October 20, 1994 for the custody of two of their children, Rachel age seven and Brian age eleven. The parties agree that custody arrangements for Christopher who is at the Milton Hershey School shall continue as they are at present with Christopher in the Mother's primary physical custody and periods of partial custody with the father. 4. The parties shall each continue to have joint-shared legal custody of all three children. Primary physical of Rachel shall be with the mother and temporary primary physical custody of Brian shall be with the father for one year. However during the period of time father is on temporary active duty with the military, Brian will be in the custody of paternal grandparents, Allan and Carol Jones at their residence. The children during this time will continue with the visitation as setforth herein. 4*4115v. ,%*, S, Effective June 15, 2002 Brian shall spend two weekends per month from 6:00 p,m, Friday to 6:00 p.m. Sunday with the father and two weekends per month 6:00 p.m, Friday to 6:00 p.m. Sunday with the mother. Once per month each parent shall have both children at the same time for a weekend period. lf*W, .0 ZK Meat ' 6. Each parent shall have ter(duys durin6Acuch summeAvith cacH'child, Rachel and Brian, separately, 7. Neither child is required to spend the time outlined in paragraphs five and six with the non-custodial parent, should the child not wish to do so. However, each parent agrees to make their best efforts to encourage and persuade the children to comply with the terms of this agreement. 8. The father agrees ?o assume responsibility for obtaining any necessary counseling services for Brian and for continuing his orthodontic care in Cumberland County. 9. The parties agree that they shall share all transportation concerning pick-up and drop-off of the minor children which will occur at the McDonald's at the Frackville Exit off Interstate 81. The only exception to the above being the pick- up and drop-off occurring in Hershey, PA, when the Defendant, Mr. Jones, is visiting his son, Christopher, at the Milton Hershey School. 10, The parties agree that they will keep each other appraised of all major decisions concerning the minor children and each party agrees to provide notification to the other concerning change in schedules, vacations, etc, and that custody periods shall be arranged between the parties and confirmed at least one week in advance. I La. Commencing in 2002 and odd-numbered years thereafter, the father shall have partial custody of the children each Thanksgiving, each Easter Sunday, and one- half of whatever school vacation is provided by the school calendar, which is to include the holiday, In the even-numbered years, the mother will have the Thanksgiving and Easter Sunday holidays and one-half of the school vacation for those holidays. The parent not having the children for the holiday shall have the remaining one-half of the school vacation, Thanksgiving and Easter holidays each year. b. On odd-numbered years the mother shall have the first half of the children's school holiday to include both Christmas Eve and Christmas Day; the father shall have the second half of that school holiday period. C. On even-numbered years the father shall have the first half of the children's school holiday to include both Christmas Eve and Christmas Day; the mother shall have the second half of that school holiday period, d. The father shall always have partial custody of the children on Father's Day from 9:00 a,m. to 8:00 p.m. and the mother on Mother's Day, even if that day would have otherwise been a day for custody of the children with the other parent. e. The father shall have some period of partial custody with each child on the child's birthday and on the father's birthday to celebrate the occasion. Likewise, the mother shall always have time with each child on her birthday and on the child's birthday even if these days were ordinarily days of the father's partial custody. 12. The parties agree that each parent shall be entitled to have conferences with any physician, dentist, counselor, or other health care provider, treating the children, and each parent shall be entitled to copies of reports regarding a child's treatment. 4 13. The parties shall notify each other in a timely fashion if it is necessary due to an emergency or unforeseen circumstance for him or her to be delayed at any of the times set out herein. It is intended, however, that time be of the essence, and that the parties as strictly as possible comply with the times set forth therein. 14. The parties will notify and consult with the other party immediately in cases of medical emergencies that occur while the children are in each parent's custody. 15, The parties acknowledge that the child has the following medical conditions and that each parent will ensure that the recommended dietary, medical and environmental restrictions and treatments arc adhered to, including but not limited to, nonexposurc to animals and cigarette smoke, and that the children will receive all prescribed dosages of medication and treatment as directed by the physician. a. Rachel - Severe allergies to smoke, cats and has allergen induced asthma and migraines. b. Brian - Suspected colitis and gastro intestinal problems 16. The parties may have such other periods of partial custody of the children during such additional periods as the parties shall from time to time agree, without the need to modify the Order of Court entered as a result of this stipulation. 17. The parties agree that each party shall be allowed reasonable telephone contact with the children when the children are with the other parent. 18. Neither parent shall do anything which may estrange the children from the other parent or injure the opinion of the children as to the other parent, or which may hamper the free and natural development of the children's love or affection for the other parent. Likewise, each parent shall encourage their relatives not to belittle or disparage the other parent to the children, 19. The panics agree that in the making this Agreement, there has been no fraud, concealment, overreaching, coercion, or their unfair dealing on the part of the other. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals this _ day of 2002. L Ruby D. Weeks, Esquire Attorney for Plaintiff 10 West High Street Carlisle, PA 17013 Frank k`RuggiL1fKo, Esquire Attorney for Defendant 960 Scranton-Carbondale Hwy Archbald, PA 18403 J ynthia G. J s Plaintiff-mot er COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND ss On this, the -L,n day of 2002, before me, a Notary Public, the undersigned otOcer, personally appeared CYNTHIA G. JONES, known to me to be the person whose name is subscribed to the within Custody Stipulation and Agreement, and acknowledged that she executed the same for the purposes therein contained, 4 Y1 to 62J E777 Notary Public COMMONWEALTH OF PENNSYLVANIA : ss COUNTY OF CUMBERLAND On this, the day of 2002, before me,' a Notary Public, the undersigned officer, rsonally appeared MICHAEL A. JONES, known to me to be the person whose name is subscribed to the within Custody Stipulation and Agreement, and acknowledged that she executed the same for the purposes therein contained. ( &Uzz ?r51(?l.il Notary Public NOIARIAL SEAL Lj AEN L. PICCOTTI, NOIARY PMIC OR DORO LACKAWANNA COUNTY MMISS ION EAPIRES DEC. 15 20p! I 1 ?I i 1 1 I r -£u @t. I J. 1't 1 I'`' r' I y •.. 1 t Id q/44111 )I i I ?11 I Y.? {k?l1q,?,sl h I , IS r6p,?* ? I U i ? " !V} h1 `rSri', I'F?', ' V,J^''"6LV't'NJaU I rlv?t??+ 1 '.' {l10. 1 , eP 11, t I,' , ?I t I' 4, I , I , pl I , 1 , ,i li' I r ? i 1 r 1 r 1. I r _ i 111'- 1' I I 1 r 1, WIM?•!^?OrrA'I -.?I asw1YHM?, r"'•"^"?'?YpM4?Iw11/1M14Ng1?.?rY1.°M? ?' i4 , #X.. .:L a ?? >', r I 1 1 r !.' r i ktis A l j j41111 . yir , la..lri i u 1 1. GLe I IP fit, _ C?, ! CYNTHIA G. JONES, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MICHAEL A. JONES, No. 944024 CIVIL TERM Defendant/Petitioner IN CUSTODY PETITION TO MODIFY CUSTODY 1. Petitioner is Michael A. Jones, who resides at 105 Sixth Street, Blakely, Pennsylvania 18447. 2. Respondent is Cynthia G. Jones who resides at 41 Camelot Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. On August 8, 2002, the Honorable Kevin A. Hess entered an Order of Court pursuant to the Stipulation signed by the parties. (Attached as Exhibit "A") 4. Since the entry of said Order, there has been a significant change in circumstances in that: a. One of the children has behavioral issues and has been in trouble with the local authorities and has been committed to Phil Haven for substance abuse and uncontrollable behavior since being in Mothers care. b. The mother has demonstrated that she is not stable enough to raise the children. c. The Petitioner is best able to undertake and perform the primary parental responsibilities for the child. c. Petitioner is best able to provide a stable household for the child. 5. The best interest of the child will be served by the Court in modifying said Order. 6. As this is a request to modify a current Custody Order it is assumed the opposing counsel Ruby D. Weeks, Esquire is opposed to this modification request. WHEREFORE, Plaintiff prays this Court to grant the modification of the Custody Stipulation and Court Order of August 8, 2002 as follows: Petitioner is granted primary physical custody of Brian N. Jones and Rachel E. Jones with Mother having periods of partial physical custody. Respectfully submitted, Rominger & Associates Date: January 28, 2008 1 E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant/Petitioner CYNTHIA G. JONES, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MICHAEL A. JONES, No. 94-4024 CIVIL TERM Defendant/Petitioner IN CUSTODY VERIFICATION 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. § 4904 relating to unworn falsification to authorities. R f'• 11 ?_ AlM 12 CU!`GE?ri ;;? „r ???1Uf11Y PENMjYLVWA t , I CTMIA 0. ion", t Plaintiff , Va. t t HICKUL A. JOK16, t Defendant , IN TUX COUNT OF COMMON PLXAS OF CUMIRLAND COUNTYI PsKKSYLVANIA CIVIL ACTION - LAM CVMDY 094-4024 CIVIL T=Ntt QS'rODY S'rIPULA110N AND NOW, this day of'Junc, 2002, upon stipulation and agreement of the parties, and of counsel, Drank Ruggerio. Esquire for the Plaintiff/father, Michael A. Jones and Ruby D. Weeks, Esquire for the Dcfendant/Mother, Cynthia G. Jones it is hereby stipulated and agreed as follows; 1. a. The Plaintiff is Cynthia G. Jones, Mother residing at 109 Andrew Court, Carlisle, Cumberland County, Pennsylvania. b. The Defendant is Michael A. Jones, Father residing at 9 Falls Lane, Blakely, Wayne County, Pennsylvania, 18447. 2. The parties are agreeable to a modification of custody stipulation order dated October 26, 2002 and the stipulation order dated October 20, 1995 for the custody of two of their children, Rachel age seven and Brian age eleven. I The parties agree that custody arrangements for Christopher who is at the Milton Hershey School shall continue as they are at present with Christopher in the Mother's primary physical custody and periods of partial custody with the father. 4. The parties shall each continue to have joint-shared legal custody of all three children. Primary physical of Rachel shall be with the mother and temporary primary physical custody of Brian shall be with the father for one year. However during the period of time father is on temporary active duty with the military, Brian will be in the custody of paternal grandparents, Allan and Carol Jones at their residence. The children during this time will continue with the visitation as setforth herein. 4rAr5r? 2 AM S. Effective June 15,2002 Brian shall spend two weekends per month from 6:00 p.m. Friday to 6:00 p.m. Sunday with the father and two weekends per month 6:00 p.m. Friday to 6:00 p.m. Sunday with the mother. Once per month each parent shall have both children at the some time for a weekend period. couft turinleach W k'''? 6. Each parent shall have tchuys summc&ith cacN'chiid. Rachel and Brian, separately. 7. Neither child is required to spend the time outlined in paragraphs five and six with the non-custodial parent, should the child not wish to do so. However, each parent agrees to make their best efforts to encourage and persuade the children to comply with the terms of this agreement. 8. The father agrees to assume responsibility for obtaining any necessary counseling services for Brian and for continuing his orthodontic care in Cumberland County. 9. The parties agree that they shall share all transportation concerning pick-up and drop-off of the minor children which will occur at the McDonald's at the Frackville Exit off Interstate 81. The only exception to the above being the pick- up and drop-off occurring in Hershey, PA, when the Defendant, Mr. Jones, is visiting his son, Christopher, at the Milton Hershey School. 10. The parties agree that they will keep each other appraised of all major decisions concerning the minor children and each party agrees to provide notification to the other concerning change in schedules, vacations, etc. and that custody periods shall be arranged between the parties and confirmed at least one week in advance. 1 La. Commencing in 2002 and odd-numbered years thereafter, the father shall have partial custody of the children each Thanksgiving, each Easter Sunday, and one- half of whatever school vacation is provided by the school calendar, which is to include the holiday. In the even-numbered years, the mother will have the Thanksgiving and Easter Sunday holidays and one-half of the school vacation for those holidays. The parent not having the children for the holiday shall have the remaining one-half of the school vacation, Thanksgiving and Easter holidays each year. b. On odd-numbered years the mother shall have the first half of the children's school holiday to include both Christmas Eve and Christmas Day; the father shall have the second half of that school holiday period. C. On even-numbered years the father shall have the first half of the children's school holiday to include both Christmas Eve and Christmas Day; the mother shall have the second half of that school holiday period. d. The father shall always have partial custody of the children on Father's Day from 9:00 a.m. to 8:00 p.m. and the mother on Mother's Day, even if that day would have otherwise been a day for custody of the children with the other parent. e. The father shall have some period of partial custody with each child on the child's birthday and on the father's birthday to celebrate the occasion. Likewise, the mother shall always have time with each child on her birthday and on the child's birthday even if these days were ordinarily days of the father's partial custody. 12. The parties agree that each parent shall be entitled to have conferences with any physician, dentist, counselor, or other health care provider, treating the children, and each parent shall be entitled to copies of reports regarding a child's treatment. 4 13. The parties shall notify each other in a timely fashion if it is necessary due to an emergency or unforeseen circumstance for hint or her to be delayed at any of the times set out herein. It is intended, however, that time be of the essence, and that the parties as strictly as possible comply with the times set forth therein. 14. The parties will notify and consult with the other party immediately in cases of medical emergencies that occur while the children are in each parent's custody. 15. The parties acknowledge that the child has the following medical conditions and that each parent will ensure that the recommended dietary, medical and environmental restrictions and treatments arc adhered to, including but not limited to, nonexposure to animals and cigarette smoke, and that the children will receive all prescribed dosages of medication and treatment as directed by the physician. a. Rachel - Severe allergies to smoke, cats and has allergen induced asthma and migraines. b. Brian - Suspected colitis and gastro intestinal problems 16. The parties may have such other periods of partial custody of the children during such additional periods as the parties shall from time to time agree, without the need to modify the Order of Court entered as a result of this stipulation. 17. The parties agree that each party shall be allowed reasonable telephone contact with the children when the children are with the other parent. 18. Neither parent shall do anything which may estrange the children from the other parent or injure the opinion of the children as to the other parent, or which may 5 hamper the free and natural development of the children's love or affection for the other parent. Likewise, each parent shall encourage their relatives not to belittle or disparage the other parent to the children. 19. The parties agree that in the making this Agreement, there has been no fraud, concealment, overreaching, coercion, or their unfair dealing on the part of the other. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals this day of 2002. Ruby D. Weeks, Esquire Attorney for Plaintiff 10 West High Street Carlisle, PA 17013 Frank . uggi , Esquire Attorney for Defendant 960 Scranton-Carbondale Hwy Archbald, PA 18403 411, /oz ynthia G. J s Plaintiff-mot er Michael . J Defendan 4a *, 6 COMMONWEALTH OF PENNSYLVANIA : : sa COUNTY OF CUMBERLAND On this, the 11 ev day of 11;1 , 2002, before me, a Notary Public, the undersigned officer, personally appeared CYNTHIA G. JONES, known to me to be the person whose name is subscribed to the within Custody Stipulation and Agreement, and acknowledged that she executed the some for the purposes therein contained, w t (?vw_ A JT 17 o?IJZ caj OMA. i cow-" Notary Public COMMONWEALTH OF PENNSYLVANIA : ss COUNTY OF CUMBERLAND On this, the GITday of A , 2002, before me,' a Notary Public, the undersigned officer, rsonally appeared MICHAEL A. JONES, known to me to be the person whose name is subscribed to the within Custody Stipulation and Agreement, and acknowledged that she executed the same for the purposes therein contained. AZA Notary Public MOTARU1l 3EAl KAHNLNCCORT I.NOtARrPAS TAYLOR IORO. tACNAWAINA COIMItY W COMMISSION EIM3 DEC. 1 7 CYNTHIA G. JONES, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MICHAEL A. JONES, No. 94-4024 CIVIL TERM Defendant/Petitioner IN CUSTODY CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Plaintiff, Walter Hockley, do hereby certify that I this day served a copy of the Petition to Modify Custody upon the following by First Class Mail delivery at Carlisle, Pennsylvania, addressed as follows: Ruby D. Weeks, Esquire P.O. Box 397 Carlisle, PA 17013 Date: January 28, 2008 Respectfully submitted, Rominger & Associates Kaff E. Rominger, Esquire 15 5 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant/Petitioner TO. Vil .D d Q 10 0 t S1.- e y ?i- f..t' CYNTHIA G. JONES IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL A. JONES DEFENDANT 1994-4024 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Wednesday, January 30, 2008 , 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 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, March 06, 2008 at 8:30 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. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilroy, Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 V-7 /I bINVAIAS ,IINTO oQ :11 WV 0£ Nvr oooz A'tfV.lONOH1G +d 3H1 4o 301:L40--0311 CYNTHIA G. JONES, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 1994-4024 CIVIL ACTION - LAW MICHAEL A. JONES, Defendant : IN CUSTODY PRACEIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Andrew H. Shaw, Esquire as counsel of record for the Plaintiff. Date: BY: Sup. Ct. ID No. 87371 200 S. Spring Garden St. Suite 11 Carlisle, PA 17013 717-243-7135 CERTIFICATE OF SERVICE I, Andrew H. Shaw, Esquire, do hereby certify that a true and correct copy of the following document, Praecipe To Enter Appearance, was served this date on the below named, by placing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: Karl E. Rominger, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 Attorney for Defendant Date: ; ???-- Qk co CYNTHIA G. JONES IN THE COURT OF COMMON PLEAS Plaintiff/Respondent OF CUMBERLAND COUNTY PENNSYLVANIA V. MICHAEL A. JONES CIVIL ACTION - LAW Defendant/Petitioner No. 94-4024 Civil Term IN CUSTODY PRAECIPE To the Prothonotary of Cumberland County Please withdraw my appearance in the above matter. C Ruby D. Weeks, Esquire P.O. Box 397 Carlisle, Pa. 17013 Ph. 243-1294 I agree to the above withdrawal. ynthia A. Jo N f- tT l l ? CYNTHIA G. JONES, Plaintiff v APR 0 S 200BXY71 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MICHAEL A. JONES, NO. 1994-4024 Defendant IN CUSTODY COURT ORDER AND NOW, this day of April, 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. 2. 3 4. The terms of the existing Custody Order dated August 8, 2002, shall remain in effect subject to the modifications set forth below. The parties shall make arrangements through their counsel to have both minor children involved in counseling. Relative to Rachel, the intent of the counseling shall be to determine what issues, if any, Rachel has relative to visiting with her father. It is anticipated that the counselor will include the mother and father in the counseling sessions and it is the anticipated goal of the counseling sessions to have Rachel start exercising a meaningful relationship with her father. With respect to counseling involving Brian, the focus of that counseling shall be generally to determine Brian's desires on the current custody situation and what preference, if any, he may have with respect to a potential modification of primary custody. Again, both mother and father may be involved in those counseling sessions as determined by the counselor. The counselor has the ability to share the results of the counseling sessions with both parents and their attorneys as the sharing of such information is deemed appropriate by the counselor. 5. Cost of the counseling sessions, that are not paid for by applicable insurance of both parents, shall be shared equally between the parties. FUD-OffirCE THE PR(Ti-?LNOTARY APR 14 AM 11: 16 PEENNS",TVAN 6. Father shall continue to have custody arrangements as he has enjoyed in the past. 7. Legal counsel for the parties may contact the Conciliator directly to schedule another custody conciliation conference which just may be a telephone conference between the attorneys and the Conciliator. At that time and in the event the process is not moving forward, either party may ask that a hearing be set before a Judge. BY THE COURT, Judge Kkvin A. Hess cc: VKarl E. Rominger, Esquire /Andrew H. Shaw, Esquire 0-4T tizz MatU- 'Sl/l'6`0 CYNTHIA G. JONES, Plaintiff v MICHAEL A. JONES, Defendant Prior Judge: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 1994-4024 IN CUSTODY 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 children who are the subject of this litigation is as follows: Rachel E. Jones, born October 26, 1994, and Brian N. Jones, born May 14, 1991. 2. A Conciliation Conference was held on April 4, 2008, with the following individuals in attendance: The mother, Cynthia G. Jones, with her counsel, Andrew H. Shaw, Esquire, and the father, Michael A. Jones, with his counsel, Karl E. Rominger, Esquire. 3. The parties agree to the entry of an Order in the form as attached. Date: (-tl J 8 -? / Hubert X. GVi?iiator Esquire Custody Con AUG o i zooeC?, CYNTHIA G. JONES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW MICHAEL A. JONES, NO. 1994-4024 Defendant IN CUSTODY COURT ORDER AND NOW, this f-4 day of 2008, upon consideration of the attached Custody Conciliation Report, it is ordered d directed as follows: 1. A hearing is scheduled in Court Room No. 4 of the Cumberland County Courthouse on the 6W day of -00?k-4 , 2008 at 3U?a .m. At this hearing, the father shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, a summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each party 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 April 14, 2008 shall remain in effect. 3. In the event legal counsel for the parties believe another Custody Conciliation would be helpful prior to the hearing, counsel for the parties may contact the Custody Conciliator directly to schedule such a conciliation. BY THE cc: ar. . Rominger, Esquire ' drew H. Shaw, Es 1 T1 T, L' t? ?, '114 s ? ??'??'' r?vi`??-, -, 43 ? 'Cs 1?.,4 ? ?" 1 t? Ci?J??+ ??1 ;!"? a CYNTHIA G. JONES, Plaintiff v MICHAEL A. JONES, Defendant Prior Judge: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 1994-4024 IN CUSTODY 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 Conciliator conducted a telephone conference with legal counsel for the parties. It was determined that the father wanted to proceed with scheduling a hearing in this case because of problems the parties were having agreeing upon a counselor and other matters set forth in the April 14, 2008 Order. 2. The Conciliator recommends and Order in the form as attached. Date: 1,1,g 4bX., , dilroy, Esquire Custody'Conciliator CYNTHIA G. JONES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION - LAW MICHAEL A. JONES, NO. 1994-4024 CIVIL TERM Defendant IN CUSTODY IN RE: PETITION FOR CUSTODY ORDER OF COURT AND NOW, this 16th day of October, 2008, in accordance with the agreement of the parties as announced in open court and in their presence, it is ordered and directed that the previous custody orders in this matter are modified as follows: 1) The father shall have visitation one weekend per month. The parties shall share transportation and exchange the children in Frackville, Pennsylvania. 2) During the mother's periods of custody the father shall have reasonable telephone contact with the children. 3) The minor child, Rachel, is to continue counseling with Franco Associates with the specific goal of resuming visitation with the father. Once visitation is recommended by the counselor and resumed, the father shall arrange for and provide family counseling sessions during his one weekend a month for himself and Rachel. Further, should Rachel's counselor not believe that reunification is in the best interests of the child or can be accomplished in a reasonable time frame, said counselor is instructed to notify mother of the same so that father can be made aware and alternative provisions can be considered by the parties. 4) Holiday visitation for the Christmas holiday shall be accomplished by splitting the school vacation for the minor children in half, with one parent to receive the first half of the school break and the other parent to receive the second half ¦ . JONES V. JONES - NO. 1994-4024 of the school break. The intention being that one party will receive Christmas and one party will receive New Year's alternating each year. The father will receive the second half of the school break this year, and mother shall receive it in each alternating year thereafter. 5) Joint legal custody in both parties is reaffirmed herein. All counselors and medical practitioners are instructed to share information about the minor child's counseling and treatment equally with both parents. All other terms and conditions of prior orders not inconsistent herewith shall remain in full force and effect. By the Court, drew H. Shaw, Esquire For the Plaintiff ,; rl E. Rominger, Esquire For the Defendant .bg y "C? c`. ?' ,.? -? ==1-s -,?, ?? ---a ' _ ,c? cs? '? ?, _.?_ --?-, ._. u? r?, ?? ?? ?