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Home My WebLink About94-06961 - "', " c) From July, 1994, until the present with the Plaintiff, and the Plaintiffs parents, Wayne and Hortencia Barninger at 137 Henry Road, Enola, Pennsylvania, 7.) The Plaintiff is the mother of the children. She is not married and resides with the child and her parents, Wayne and Hortencia Barninger. 8.) The Defendant is the father of the children. He is unmarried and resides alone. 9.) Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or in another state or commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 10.) The best interest and permanent welfare of the child will be served by granting the relief requested because Plaintiff has always been her primary caretaker. II.) Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been :lamed as parties to this action. WHEREFORE, Plaintiff requests this court grant her primary physical and shared legal custody of the minor child, Krystal V. Updegrove. Respectfully submitted, ~!- /'~/~. /' ",. v '//' . Diane S. Baker Supreme Court ID #53200 5440 Jonestown Road P. O. Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 Date: /7-..f- rl . ~ ~ ~ I ~ I . ~ . ~ ~ I _, ."l i:'1 ~~ ~ ~ - ]' ~ is H ~ '. ~::: ~~ j:; j, J, , Ji... . Q~ U I ' I, I t ';J ,~': ~ . ~ C > !?) c t:i r.. I iJ . I ~ 9 ..... QJ 0 III. 1 -g 0<( III ..... .... H ~ .... E-<21 ~ ~ ~ ~ ~ ~.. I ~'" :!: '\' ~ (;1, I, ~ ~ ~ eJ (j; ~ g H ~ > . H I f:! u ~ , r~. . r" . '(1/'r' . ,~-------'--~--'---- .--.-.--..' ..__.--. --- ..._~. r r' . r' , , '/I CYNTHIA A. OLINGER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 94-6961 JOSEPH T. UPDEGROVE Defendant CIVIL ACTION- CUSTODY PETITION TO MODIFY CUSTODY ORDER AND NOW comes the Defendant, Joseph T. Updegrove, by pro say, and files this modification of custody thereof avers as follows: 1. Defendant is Joseph T. Updegrove, an adult individual residing at 342 N. 2nd Street, Wormleysburg, Cumberland Count, Pennsylvania, 17043. 2. Plaintiff is Cynthia A. Olinger, an adult individual residing at 1914 Chatham Drive, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. Defendant seeks primary physical and shared legal custody of the following minor child: NAME PRESENT ADDRESS AGE Krystal V. Updegrove 1914 Chatham Road Camp Hill, Pennsylvania, 17011 14 4. The child was born out- of- wedlock. 5. The child is presently in the custody of her mother, Plaintiff Cynthia A. Olinger. 6. The Defendant is the father of the child. He is married and resides with his spouse, Monique N. Updegrove, and step-daughter, Raiesa A. Miller. 7. The Plaintiff is the mother of the child. She is married and resides with her spouse, Brian J. Olinger, and son, Brandon J. Olinger. 8. The Petitioner was the Defendant in the original Custody Complaint. 9. The Respondent was the Plaintiff in the original Custody Complaint. 10. On the 25th day of January, 1995 Dawn S. Sunday, Esquire, Custody Conciliator entered the following order: ", '"" 1. The Father and Mother shall have shared legal custody of the minor child. Krystal V. Updegrove. 2. The Mother shall have primary physical custody of the Child. 3. The Father shall enjoy temporary custody on the second weekend of every month from Saturday at 4:00 p.m. until Sunday at 6:00 p.m. and, in addition, on the last weekend of every month from Friday at 6:00 p.m. until Sunday at 6:00 p.m.. 4. The Father shall have temporary physical custody of the Child every Tuesday from 5:00 p.m. until 8:00 p.m.. 5. Physical custody of the Child shall alternate annually between the Mother and the Father on Easter, Memorial Day, the Fourth of July, Labor Day, Thanksgiving, and Christmas. Holiday custody, with the exception of Christmas, begins at 7:00 p.m. the evening before the holiday and ends at 7:00 p.m. on the evening of the holiday. 6. The Father shall have physical custody of the Child on Father's Day and the Mother shall have physical custody of the Child on Mother's Day. 7. On the Child's birthday each year, the Father and the Mother shall enjoy a period of custody of the Child as mutually agreed upon by the parties in advance. 8. The Father and the Mother shall each enjoy physical custody of the Child for two non-consecutive weeks during the Child's summer vacation. 11. The best interest of the child will be served by the court in modifying said order, because the child does not have an amicable relationship with her mother and step-father. The child has expressed her desire to now reside with her father. 10. Petitioner requests that the order be changed to provide as follows: 1. Joseph T. Updegrove be granted primary physical custody of the minor child, Krystal V. Updegrove. 2. The Father and the Mother of the Child shall have shared legal custody of Child. 3. The Mother shall enjoy temporary physical custody of the Child on the second weekend of every month from Saturday at 4:00 p.m. until Sunday at 6:00 p.m., and in addition, on the last weekend of every month from Friday at 6:00 p.m. until Sunday at 6:00 p.m.. .. .--- 4. On all holidays and the Child's birthday each year, the Father and the Mother shall enjoy a period of physical custody of the Child as mutually agreed upon by the parties in advance. 5. The Father and the Mother shall each enjoy physical custody of the Child for two non-consecutive weeks during the Child's summer vacation. WHEREFORE, petitioner prays this court to grant the petition to modify. Date: 1-;} /-07 ~L~~ I verify that the statements made in this petition are true and correct. I understand the false statements herein are made subject to the penalties of P A. C.S.A. 4904 relating to unsworn falsification to authorities. Date: Petitioner "- p ~ ~~. . ..~ :e ~ /.f:l!t ~ ! J'! l.FJ ~ S;iJtj v ';:;..;: c:::5 o1W ~ ~ ~ ~ cr. ~ :t{ .. I · , CYNTHIA A. OLINGER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA V. 94-6961 CIVIL ACTION LAW JOSEPH T. UPDEGROVE DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, February 27, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, P A 17055 on Thursday, March 29, 2007 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and alJ 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/ Dawn S. Sunday, Esq. Custody Conciliator fF The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infonnation 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 HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~?$~~ ~jl{frr ~~~-~ . ~ ,." "." '~"-"Alnt"\ j f ~\;(';(..'/, i t, ,I"~,' ::'" "-"";j! '~l U !\_JJ ,j - -" 61 :11 l~d 82 83.:J LDOl ^bvlDi'~Ci..d.o(jd 3Hl :10 "/'\i J.!n-n3l1-1 :Jv~-,_;\...., '...... :J (0, -8'E'- e c: (/'~C"e AI APR 11 2007 /JI) CYNTHIA A. OLINGER Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 94-6961 CIVIL ACTION LAW JOSEPH T. UPDEGROVE Defendant IN CUSTODY ORDER OF COURT AND NOW, this /3 tA day of -.B;'a,' L , 2007, upon consideration ofthe attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated January 25, 1995 shall continue in effect. 2. The parties shall make arrangements for the Child to participate in therapeutic counseling with Sally Rooney, or other professional to be selected by agreement between the parties. The purpose of the counseling shall be to provide the Child with a neutral forum in which to explore and address issues related to the custodial situation, including any expressions of preference, and to provide guidance (in writing if requested) and information to the parents to facilitate their efforts to meet the Child's needs. The parties shall equally share responsibility for payment of any costs of counseling which are not covered by insurance. 3. The parties agree to further consider participation in co-parenting counseling with Kasey Schienvold or other professional selected by agreement. The purpose ofthe counseling shall be to assist the parties in developing sufficient communication and cooperation to enable them to effectively co-parent their Child. 4. Within 90 days of completion of the Child's counseling, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference if necessary, to review the custodial arrangements. Edward E. Guido J. S'11 :6 11\1 C I gd'i LOOl AtN'O' ,.. ".'." .-" I' '0 "j\li :"',;1,"'''' .:-l .::J' 'I... 1.,.....-, ._,-l'-',.... ....,Ii 38j~_;~,:C)-{]:jl!:l , , ... t CYNTHIA A. OLINGER Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 94-6961 CNIL ACTION LAW JOSEPH T. UPDEGROVE Defendant IN CUSTODY Prior Judge: Edward E. Guido CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Krysta1 V. Updegrove May 13,1992 Mother 2. A custody conciliation conference was held on April 4, 2007 with the following individuals in attendance: the Mother, Cynthia A. Olinger, with her counsel, Diane S. Baker, Esquire, and the Father, Joseph T. Updegrove, with his counsel, Anthony T. McBeth, Esquire. 3. The parties agreed to entry of an Order in the form as attached. ~ ~ d-oD7 Date Da~ Custody Conciliator