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HomeMy WebLinkAbout00-04349 RECEIVED FEB 13 2006 STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 WOLF & WOLF 37 SOUTH HANOVER STREET, SUITES 201-202 CARLISLE, PA 17013 (717) 211-4436 ATTORNEY FOR DEFENDANT FAWNE E. REIGLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW JONATHAN S. VOIGT, : NO. 2000-4349 Defendant : IN CUSTODY PRETRIAL MEMORANDUM OF DEFENDANT JONATHAN S. VOIGT Defendant, Jonathan S. Voigt, through his counsel, Stacy B. Wolf, Esquire, submits to this Honorable Court the following pretrial memorandum for consideration. 1. POSITION OF JONATHAN S. VOIGT WITH RESPECT TO CUSTODY- Previously, the parties were subject to a custody Order dated June 30, 2000, which provided for primary physical custody of their child, Bret Anthony Shindel, born May 14, 1992, with Mother and periods of temporary supervised custody of the child with Father on alternating weekends from Friday to Sunday, at Father's parents' home, with an adult present, and at such other times as the parties agreed. Father filed a Petition to Modify on March 18, 2005. As a result, a conciliation was held and the previous Order was vacated and was replaced by the April 21, 2005 Order of Court which gave Mother primary physical custody and Father temporary physical custody of Bret. The parties also have shared legal custody of the child. Father has custody every weekend from Saturday to Sunday, and holidays are shared, by agreement. Both parties are to have reasonable telephone contact with Bret when he is in the other's custody. Father believes it is in the best interest of Bret for Father to have primary custody. If primary custody is not awarded to Father, however, Father requests that the Court award Father with custodyfifty percent of the time. The following issues support Father's contention that he should have primary physical custody of Bret. Mother does not provide a clean, suitable residence for Bret. Over the past year, there have been at least five cats, four dogs, hamsters, birds, and fish living in Mother's house. The animals urinate in the house and the house contains roaches. These substandard living conditions present a detriment to Bret's physical and emotional well-being. Mother does not adequately address the child's illness. Bret suffers from juvenile diabetes requiring special medication, special diet and exact meal scheduling. Father believes that Mother neglects Bret's nutritional food and diabetic needs. In a log book the parties keep to monitor Bret's food consumption and eating times, Mother knowingly enters erroneous information as to what Bret has eaten and documents that Bret has eaten foods which are nutritionally inappropriate for his condition and fails to document the timing of Bret's eating, which makes it hard for the Voigts to adequately ensure Bret's sugar is at an appropriate level. Bret's sugar level is oftentimes high when it is checked by the Voigts, upon arrival for Father's visitation. In March, 2005, Bret was admitted to Hershey Medical Center almost lapsing into a diabetic coma due to Mother's neglect. Mother does not spend sufficient time with Bret and, as such, fails to help him manage the problems associated with his diabetes. Bret has problems with enuresis and Mother does not work with him to get him up in the middle of the night to void, thus causing him to void in his bed. When this happens, the conditions are not cleaned satisfactorily and he is allowed to sleep on the mattress without sheets or blankets. He is also left to sleep through the night on the couch and voids there also. Mother leaves Bret at home without adequate adult supervision when she is at work. Mother's employment causes her to be away from home on weeknight evenings. His stepfather is not available to supervise him adequately either since he also works on weeknight evenings. Bret is often left at home with his stepuncle, who has Down Syndrome. This results in Bret being responsible for his own meals and diabetes injections. An example of this inadequate supervision while in Mother's custody was when Bret sustained a hairline fracture of his foot while riding his scooter in the street and swerving to avoid being hit by a car. Mother did not seek medical attention for this injury until two days after the school nurse told Mother about the injury. On several occasions, when Bret was ill at school, the school was unable to reach the three emergency contacts Mother had given the school which were Mother, stepfather, and Bret's maternal grandparents; after the school reviewed Bret's file, it instructed the nurse to contact Father to pick up Bret and arrange for his care immediately. After being contacted bythe school, Father rushed Bret to the emergency room at Carlisle Hospital for heart palpitations and severe chest pains. Further, there were several other occasions Father's mother, Frances Reigle, was contacted by the school nurse to let her know 2 she needed to go to Newville to let Mother know the school was trying to reach her. Mother did not have a working phone number at the time and did not inform the school of this problem Bret has not done well academically while in Mother's custody. The child had been experiencing difficulty in school related to his absences, believed to be the result of Mother's failure to adequately ensure that the child was woken up and readied for school on time. As of March 10, 2005, or after approximately 120 days of school had been held last year, the child had been absent from school for thirty-three days, and had been tardy on seventeen days. Four of these absences were not excused by a note and eight tardy days were not excused by a note. Furthermore, the child had failed to complete numerous assignments and bad been allowed to continue to do so while he was only in Mother's care during school weeks. The child's failure to complete assignments, and his frequent absences from school, and class, which caused Bret to . miss important instruction and his failure to make up the missed work, are identified by his teachers as the primary causes for the child's academic difficulties. Sometime in October, 2004, Mother began allowing the child to go to Father's home on several evenings per week where he was given help by Father and Father's wife in completing his homework assignments. The child's grades began to improve dramatically. ITis self-esteem seemed to improve substantially and his health seemed to be more stabile since the child began spending time in Father's household. Mother alienates Bret from Father. Mother moved without notifying Father or providing Father with a phone number to reach his son. Mother then provided an emergency phone number list to the school and did not include Father's name or telephone number on the list. Mother has not provided all of Bret's medical and school information to Father. Several times, Mother has talked to Bret about the case, telling him Father does not want to pay support for him Mother has also allowed Bret to read pleadings and letters regarding the case. In the past, when the child was ill, he was left to sleep on a bench all night at Mother's place of employment because Mother would not consider letting him stay with Father while he was sick On several occasions, when it came time for Father's visitation, it always seemed that Mother needed to take Bret to the hospital resulting in Father not being able to have custody of Bret when scheduled. At a time when Father was able to have visitation with Bret, Mother harassed Father by parking outside Father's residence and continually called him to check on Bret's blood sugar, urging Father to take Bret to Hershey Medical Center, even though Bret was fine and his blood sugar was in the normal range. 3 Later, Father even received a call from Children and Youth Services (CYS), at Mothers instigation, regarding this incident, where Father had to assure CYS that Bret was fine. When Bret and the Voigts were due to go on a long-awaited vacation together, during Fathers visitation, Mother withheld Bret's medication and medical insurance card until the last minute, causing Father to abandon their plans to travel to a family reunion, which was scheduled well in advance and was much looked forward to. Father was also not included in the decision Mother made to have Bret begin home-bound instruction this school year. Father is now married to Mary G. Voigt, with whom he has a daughter. Father can provide a clean and stable household for Bret. He can assist Bret with and make sure his school work is current, as he has done in the past. Mary Voigt does not work outside the home and is available if Bret becomes ill at school, she is home in the evenings to provide supervision and care for Bret's nutritional and medical needs, and both she and Father can assure that Bret receives immediate medical treatment, if necessary. If awarded primary physical custody of Bret, Father would permit frequent contact and visits between Bret and Mother and would strive to make custody exchanges as pleasant as possible. II. WITNESSES: JONATHAN S. VOIGT (QEFENDAIV I? Will testify as to the reasons he is seeking to obtain primary physical custody of Bret including what the current circumstances are like regarding the unstable environment while Bret is in Mothers custody and the detriment it would have on Bret if Mother were to retain primary custody. Father will offer testimony as to his relationships with both his children. Father will also offer testimony as to Bret's relationship with his wife, Mary G. Voigt. MARY G VOIGT (DEFENDANT'S WIFE) Will testify as to her direct observations of the current custody situation, while Bret is in Mothers and Fathers care, and will testify as to her relationship with Bret and Bret's relationship with his sister. FRANCES REI LE (DFF ND NT'S MOTHER) Will testify as to her direct observations of the current custody situation, while Bret is in Mothers and Fathers care. 4 III. OTHER WITNESSES: Defendant reserves the right to amend and supplement his list of witnesses as necessary prior to the hearing. Respectfully Submitted, WOLF & WOLF Date: February I J • 2006 By: Stacy B. W0#1 Esquire 37 South Hanover Street, Suites 201-202 Carlisle, PA 17013 (717) 241-4436 Supreme Court I.D. No. 88732 Attorney for Defendant 5 STACY B. WOLF, ESQUIRE ATTORNEY In NO. 88n2 WOLF & WOLF 37 SOUTH HANOVER STREET, SUITES 201-202 CARLISLE, PA 17013 (717) 2414436 ATTORNEY FOR DEFENDANT FAWNE E. REIGLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW JONATHAN S. VOIGT, : NO. 2000-4349 Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Stacy B. Wolf, Esquire, attorney for Defendant, do hereby certify that this date, I have served a copy of the foregoing Pretrial Memorandum of Defendant, Jonathan S. Voigt, upon the following person, by United States Mail, addressed as follows: Karl E. Ronringer, Esquire Rominger Bayley & Whare 155 South Hanover Street Carlisle, PA 17013 Respectfully submitted, WOLF & WOLF Date: February IS , 2006 gy "b Stacy B. Wolf, squire 37 South Hanover Street, Suites 201-202 Carlisle, PA 17013 (717) 241-4436 Supreme Court I.D. No. 88732 Attorney for Defendant 6 FAWNE E. REIGLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION LAW NO. 2000-4349 JONATHAN S. VOIGT, Defendant : IN CUSTODY CUSTODY MEMORANDUM Plaintiff, Fawne E. Reigle, by and through her attorney, Karl E. Rominger, Esquire, hereby submits. this Custody Memorandum pursuant to Rule 39-1915(6)(8) of the Local Rules of Civil Procedure. I. FACTUAL BACKGROUND: The parties in this matter are Jonathan S. Voigt (hereinafter referenced as "Father"), who resides at 23 Victor Drive, Mechanicsburg, Cumberland County, Pennsylvania, and Fawne E. Reigel (hereinafter referenced as "Mother"), who resides at 32 Farifield Street, Cumberland County, Newville, Pennsylvania. Father and Mother are the natural parents of the child at issue: Bret Anthony Shindel, born May 14, 1992. An Order of Court was entered in upon on June 30, 2000, providing primary physical custody of the child to the Mother and periods of temporary physical custody of the child with the Father on alternating weekends from Friday to Sunday supervised at Father's parents' home with an adult present. Father filed a Petition to Modify Custody on March 18, 2005, a hearing was scheduled for April 14, 2005, in front of Hubert Gilroy, Conciliator on this Petition to Modify the current Custody Order. As a result of this hearing the previous Custody Order was vacated and a new one order entered on April 21, 2005, in which Mother and Father enjoy shared legal custody of the child with Mother receiving primary physical custody and Father receiving periods of temporary physical custody. Father's custody consists of having the child every Saturday starting at 5:00 o'clock p.m. until Sunday at 6:00 o'clock p.m. As you can see Mother has had primary physical custody of the child since 2000, and believes it would be in the best interest of the child for the current Custody Order to remain in affect. It. NAMES AND AGE OF CIIII.D: Bret A. Shindel, born May 14, 1992, presently 13 years old III. PROPOSED ORDER FOR RESOLUTION: Shared legal custody. Primary physical custody with Mother with periods of partial custody to Father as agreed upon or determined by the Court. IV. NAMES AD ADDRESSES OF FACTUAL WITNESSES: Barbara Kennedy, maternal grandmother, 112 W. Allen Street, Mechanicsburg, Pennsylvania, will testify to her direct observation of the current situation. Charles Reigel, stepfather. 32 Fairfield Street, will testify to his direct observation of the current situation. Mother reserves the right to supplement this list of witnesses as necessary. V. NAMES AND ADDRESSES OF ESXPERT WITNESSES: At this time, Mother does not propose to call any expert witnesses, but does reserve the right to supplement this list of witnesses as necessary. VI. LEGAL AND FACTUAL ISSUES FOR RESOLUTHON: Best interest of the child involved. VII. ESTIMATED LENGTH OF TRIAL: Half day. VIII. NEED FOR A HOME STUDY: Mother does not request a home study at this time, but does reserve the right to request one if the need for one become apparent. IX. NEED FOR A PSYCHOLOGICAL EVALUATION: Mother does not request a psychological evaluation at this time, but reserves the right to request one if the need for one become apparent. Date: T Or- I Respectfully submitted, ROMINGER, BAYLEY & WHARF Karl E. Rominger, Esquire 155 S. Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court I.D. # 81924 Attorney for Plaintiff FAWNE E. REIGLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vi. : CIVIL ACTION LAW NO. 20004349 JONATHAN S. VOIGT, Defendant : IN CUSTODY VERIFICATION Karl E. Rominger, Esquire, states that he is the attorney for Fawne E. Reigel, Petitioner in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: CpAtQ Karl E. Rominger, Esquire Attorney for Petitioner FAWNE E. REIGLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vii. : CIVIL ACTION LAW : NO. 2000-4349 JONATHAN S. VOIGT, Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Plaintiff do hereby certify that I this day served a copy of the within Custody Memorandum upon the following by facsimile and depositing the same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Honorable Kevin A. Hess One Courthouse Square Carlisle, Pennsylvania 17013 Facsimile: (717) 24076460 Date: Stacy B. Wolf, Esquire WOLF & WOLF 37 South Hanover Street, Suites210-202 Carlisle, Pennsylvania 17013 Facsimile: (717) 241-4437 Respectfully submitted, ROXWGER, BAYLEY & WHARE Karl . Rominger, Esquire 155 S. Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court I.D. # 81924 Attorney for Plaintiff JUL 2 0 FAWN E. REIGLE IN THE COURT OF COMMON PLEAS Plaintiff, OF CUMBERLAND COUNTY, PENNSYLVANIA V. No. 2000-4349 CIVIL ACTION - LAW JOHNATHAN S. VOIGT, IN CUSTODY Defendant. ORDER OF COURT AND NOW, this 19th day of July 2000, the Conciliator, being advised by Plaintiffs counsel that all custody issues have been resolved by Stipulation of the parties, hereby relinquishes jurisdiction in this case. The Custody Conciliation Conference scheduled for July 26th, 2000 is canceled. FOR THE COURT, L' 4c?- w_ C57-7 Melissa Peel Greevy, Esquire Custody Conciliator ;? ?m ? 6" .: ? ?. ?( _ ;.... .(^ ? -?? ? lJ ? ? 7 ?- " J C ` = ? 4 v _ , '? ?J ?:.: :IL?i . _ " _,l '? ' t ? < ?J ?°? ?' r? CJ FAWNE E. REIGLE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JONATHAN S. VOIGT DEFENDANT 00-4349 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, March 23, 2005 , 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, April 14, 2005 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference 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/ Hube-rtX. Gilroy, Esq. `? 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 e4w- Xis ? A,- 4, 3 a?o? G . - ??_ ?9R#e?FIx1I?R?B?#4mRaAMS§&nc aon?-rs x- ?.a.. aFs?v±? s?n.?m+n€nx +mr ??nrx±mraem?. _ -_ MAR Z 1 2005 NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 37 SOUTH HANOVER STREET, SUITE 201 CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT FAWNE E. REIGLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW JONATHAN S. VOIGT, : NO. 2000 - 4349 CIVIL TERM Defendant : IN CUSTODY ORDER OF COURT NOW, this day of , 2005, in consideration of the attached petition, it is hereby directed that the parties and their respective counsel appear before , Esquire, custody conciliator, on the 4th Floor, Cumberland County Courthouse, on the day of , 2005, at o'clock . 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 child age five or older may also be present at the conference. Failure to appear at this conference may provide grounds for entry of a temporary or penrianent 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 NATHAN C. WOLF, ESQUIRE ATTORNEY ID No. 87380 37 SOUTH HANOVER STREET, SUITE 201 CARLISLE PA 17013 (717) 2414436 ATTORNEY FOR DEFENDANT FAWNE E. REIGLE, Plaintiff V. JONATHAN S. VOIGT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2000 - 4349 CIVIL TERM IN CUSTODY PETITION FOR MODIFICATION AND NOW comes the defendant, Jonathan S. Voigt, by his attorney, Nathan C. Wolf, Esquire, and presents the following complaint for custody, representing as follows: 1. The defendant/petitioner is Jonathan S. Voigt, an adult individual residing at 7 Robin Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 2. 'T'he plaintiff/respondent is Fawne E. Reigle, an adult individual with a mailing address of 59 East Penn Street, Carlisle, Cumberland County, Pennsylvania, 17013. 3. The parties are the natural parents of one minor child, namely: Name Present Residence A_,ge Bret A. Shindel 59 East Penn Street 12 years Carlisle, PA 17013 DOB 5/14/1992 4. The child is presently the subject of an Order for Custody issued June 30, 2000, providing for primary physical custody of the child with Mother and periods of temporary physical custody of the child with Father on alternating weekends from Friday to Sunday supervised at Father's parents' home with an adult present, and at such other times as the parties may agree. A true and correct copy of the order of which modification is sought is attached hereto as Exhibit A. 5. Since the issuance of said Order, Father has enjoyed periods of partial physical custody of the child on a regular basis, including overnight visits in his home, without other adult supervision, and has not been subject to the supervision requirement for more than two years prior to the filing of this petition. 6. Father seeks a modification of custody based upon developments that have occurred since the issuance of said custody order. 7. Father has resided at the above address for approximately one year with his wife, Mary G. Voigt, to whom he has been married for two years prior to the filing of this petition, and their daughter, Makayla Elizabeth Voigt, born February 14, 2003. 8. Mother has resided at the above address for approximately six years, with her husband, Charles Reigle and their three children, Tara Reigle, Brooke Reigle, and Barbara Reigle, in addition to the child who is the subject of the instant petition. 9. Father has developed a good relationship with the child and now shares a bond with the child. 10. The child has also developed a relationship with his half-sister and stepmother during the periods of time while the child has been in Father's care. 11. The child suffers from juvenile diabetes, and requires special medication, diet, and scheduling of meals. 12. The child had been experiencing difficulty in school related to his absences, believed to be the result of Mother's failure to adequately ensure that the child was woken up and readied for school. 13. As of March 10, 2005 or after approximately 120 days of school have been held this year, the child has been absent from school for thirtythree days, and has been tardy on seventeen days. Four of these absences were not excused by a note and eight tardy days were not excused by a note. 14. Furthermore, the child had failed to complete numerous assignments and had been allowed to continue to do so while he was only in Mother's care during school weeks. a r 15. The child's failure to complete assignments and his frequent absences from school are identified by his teachers as the primary causes for the child's academic difficulties. 16. Sometime in October of 2004, Mother began allowing the child to go to Father's home on several evenings per week where he was given help by Father and Stepmother in completing his homework assignments. 17. The child's grades began to improve dramatically and the child self-esteem seemed to improve substantially and his health seemed to be more stabile since the child began spending that time in Fathers household. 18. Mother works five days per week from approximately four o'clock pan. until approximately midnight and is not available to care for the child in the evenings. 19. Father has observed that for the majority of the time when the child is in the custody of Mother, that his personal hygiene and grooming habits are not maintained and that the child is constantly in unsanitary conditions while in the household. 20. The most explicit example of this problem involves the child's enuresis in both his bed and on the living room couch when the child falls asleep in the living room The conditions are not cleaned satisfactorily and the child is allowed to sleep on the mattress without sheets or blankets. 21. Father believes that the Mother has sought to alienate the child from the love and affection of the Father and believe that they will accuse him of engaging in such action directed towards the Mother. 22. Father avers that the basis for his actions concerning his son is solely motivated by his concern for the child's best interests and permanent welfare. 23. Father believes and therefore avers that it would be in the best interests of the child for the Court to issue an order granting shared legal custody of the child to the parties, continuing primary physical custody of the child with Mother and granting periods of partial physical custody to Father on alternating weekends from Fridays to Sundays, providing for shared custody of the child on holidays, providing for periods of uninterrupted custody during summers vacations with each parry, and providing for additional periods of partial physical custody on weekdays from the end of the school day until the time when the child's Stepfather picks him up on his way home from work 24. Father believes and therefore avers that the best interests and permanent welfare of the child would be best served by the entry of an order as aforesaid. WHEREFORE, defendant, Jonathan S. Voigt, prays this Honorable Court enter an Order granting the relief requested herein granting the parties shared legal custody, and for physical custody of the child to be set forth herein, and any other relief the Court deems appropriate. submitted, Dated: March 1, 2005 37 Wmh ff4fiover Street C'lilisle, PA 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Defendant FAWNE E. REIGLE, Petitioner V. JOHNATHAN S. VOIGT, Respondent IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 00-4349 CIVIL TERM ORDER OF COURT AND NOW, this 30th day of June, 2000, this matter having been called for a hearing this date, and the parties having reached an agreement, IT IS ORDERED: 1. Primary physical custody of Bret A. Shindel, born May 14, 1992, shall be with his mother, Fawne E. Reigle. 2. The father, Johnathan S. Voigt, shall have periods of temporary physical custody as follows: (a) Every other weekend from Friday through Sunday supervised at his parents' home with an adult present. (b) Such other times as the By the ey Karl E. Rominger, Esquire For Petitioner Johnathan S. Voigt, pro se 10 Richland Lane Apt. 1OT3 Camp Hill, PA 17011 Sheriff prs es may agree. AN % p rl-p,D EXHiGIT "All VERIFICATION I, the defendant in the above-referenced action, do hereby verify that the facts set forth in this petition are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 54904, relating to unswom falsification to authorities. March -9, 2005 Y?s?.en:,uu??.+??uew:?stuaweas?wns nnum m.u.a,a,?_snns?vw?,3e€?t?ael... iau ?.. ... ?..:.?. _.... .._.• ?S kj\ Q , V oc? (Irk Q O D-l a Jl c T t- - IT, .? C 7 W X 2 =a '." ? !' N •• '7 rn y H a H c C7 ? C y ,? w O w P S A a a C ry '! o n 'G o n a c Y c A ? !i S y ? 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Z m T ? r 6 y o_ o" kf r Lrl I z rn °o r g p o a z u4-'m -Tn lzll W 3NN 41 ? rJ? N o N O TI 00 Gs a i c14 n CD, m c a i g. a O S N n r0 C7 71 R N mm N ts m m m l m z n M m / 7 61105 TO WHOM IT MAY CONCERN JON'S WEEK OF SUMMER VACATION WITH BRET WILL BEGIN AT SPM ON THURSDAY 62305. PLEASE BE SURE HE HAS ENOUGH MEDS AND DIABETIC SUPPLIES FOR THE WEEK, WE WILL BE OUT OF TOWN AND UNABLE TO RUN (BACK FOR THEM. HE WILL BE RETURNED AT 5PM ON WEDNESDAY 62905. ;` RECEIVED APR 1 R , FAWNE E. REIGLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW JONATHAN S. VOIGHT, : NO. 2000-4349 Defendant : IN CUSTODY COURT ORDER AND NOW, this _Z,\,day of April, 2005, upon consideration of the attached Custody Conciliation report, it is ordered and directed this Court's prior Order of June 30, 2000 is vacated and replaced with the following Order: 1. The mother, Fawne E. Reigle, and the father, Jonathan S. Voight, shall enjoy shared legal custody of Bret A. Shindel, born May 14, 1992. This provision for shared legal custody gives both parents the authority to receive all information concerning the minor child including school, medical and social information and, furthermore, this Order authorizes all school agencies and healthcare agencies to deal with both parents in connection with the minor child. 2. The mother shall enjoy primary physical custody of the minor child. 3. The father shall enjoy periods of temporary physical custody of the minor child as follows: a. Every Saturday from Saturday at 5:00 p.m, until Sunday at 6:00 p.m. b. At such other time as agreed upon by the parties. c. The parties shall handle holidays such that all holidays are shared pursuant to an agreement of the parties. In the event the parties are unable to reach an agreement on sharing a particular day, the day shall be split into two J' segments, from 9:00 a.m. until 3:00 p.m. and from 3:00 p.m. until 9:00 p.m., with the parties alternating those segments. 4. Father shall also have the ability to have the child for a one-week vacation during the summer months. It is anticipated father will be taking the child to a family reunion in June and mother shall work with the father on that issue. 5. In the event either party feels the Order set forth above is not working and, especially prior to the vacation of the father with minor child for the family reunion, the party may request their attorney to contact the Custody Conciliator directly to schedule another Custody Conciliation Conference which may be a telephone conference. 6. The parties may modify this Order as they agree. Absent an agreement, this Order shall control. 7. Both parties shall enjoy reasonable telephone contact with the minor child when the child is in the other parent's custody. 8. The father shall handle transportation for custody unless there are unusual circumstances under which father may request moth?o shire in the transportation. BY THE' COURT cc?X, k F. Bayley, Esquire ;Qathan C. Wolf, Esquire Judge Edgar B. Bayley FAWNE E. REIGLE, Plaintiff v JONATHAN S. VOIGHT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 20004349 IN CUSTODY Prior Judge: Edgar B. Bayley CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-"), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Bret A. Shindel, born May 14, 1992. 2. A Conciliation Conference was held on April 14, 2005, with the following individuals in attendance: The mother, Fawne E. Reigle, with her attorney, Mark F. Bayley, Esquire, and the father, Jonathan S. Voight, with his attorney, Nathan C. Wolf, Esquire. 3. The parties agreed to the entry of a Court Order in the form as attached. DATE Hubert X. Gilr , Esquire Custody Cond for FAWNE E. REIGLE, Plaintiff VS. JONATHAN S. VOIGHT, Defendant NOV 0 9 2005 M-' FC OUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN THE COURT O CUMBERLAND C NO. 2000-4349 : IN CUSTODY ORDER OF COURT AND NOW, this /,4 'J day of November, 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Courtroom No. --?- of the Cumberland County Courthouse on the /'7? day of 2006, at /; 36 . m. At this hearing the Father shall a the moving party and shall proceed initially with testimony. Counsel for the parties shall file with this Court and opposing counsel a Memorandum setting forth the history of custody in this case, the issues currently before the Court, a list of witnesses who will be called to testify on behalf of each party, and a summary of 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 the Court, this Court's prior Order of April 14, 2005 shall remain in effect. BY THE COURT, Cc: k-karl E. Rominger, Esquire 0'v ^cy B. Wolf, Esquire Judge FILFU t?r`' OF THc PR?is'n,1,;?7?RY 1805 Boll to PM t : 12 CI t , N }' 17, f. Y? a?l5!RE+ MXN ANARR0991A?P I 1 FAWNE E. REIGLE, Plaintiff VS. JONATHAN S. VOIGHT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-4349 CIVIL ACTION - LAW IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-"), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Bret A. Shindel, born May 14, 1992 2. A Conciliation Conference was held on November S, 2005, with the following individuals in attendance: The Mother, Fawne E. Reigle, with her counsel, Karl Rominger, Esquire The Father, Jonathan S. Voight, with his counsel, Stacy B. Wolf, Esquire 3. The parties were before the Conciliator last April, at which time the parties reached an agreement. Since that time, the Father suggests that there are a number of issues that merit a change of custody, and Father is seeking primary custody or, in the alternative, Father is seeking extensive periods of temporary custody to include all weekends from Friday through Monday and all summer. Mother is not in agreement. The parties require a hearing in this case. 4. The Conciliator recommends an Order in the form as attached. Date: // ? a S ubert X. U ,Esquire Custody ciliator FAWNE E. REIGLE : IN THE COURT OF COMMON PLEAS R$sg?endent : CUMBERLAND COUNTY, PENNSYLVANIA AE?P}c?.c V. :No. 6Y7 - c/3 Yq et-I'd 7Z-64..- JOHNATHAN S. VOIGT : CIVIL ACTION - LAW Petitioner :CUSTODY 17`Sp°' '* ORDER OF COURT AND NOW, this day of , 2000, upon consideration of Petitioner's Petition for Emergency Relief, it is he eby ordered and decreed that temporary primary physical custody of the parties' minor child, Bret A. Shindel, DOB 5/14/92, shall be with mother pending a hearing on the ' day of , 2000, at L)S_ o'clock, /1-. M., in Courtroom No. Cumberland County Courthouse, Carlisle, Pennsylvania. X21 Fr,` 3: n N3}LV wV/A .,, . FAWNE E. REIGLE Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. : No. o-0 - cf 3 `F4 JOHNATHAN S. VOIGT Petitioner CIVIL ACTION - LAW CUSTODY PETITION FOR EMERGENCY RELIEF AND NOW, comes the Petitioner FAWNS E. REIGLE, by and through her attorney, Karl E. Rominger, Esquire, and avers the following in support of this Petition for Emergency Relief: 1. The Petitioner, FAWNE E. REIGLE, is an adult individual who currently resides at 59 East Penn Street, Carlisle, Cumberland County, Pennsylvania 17013 2. The Respondent, JOHNATHAN S. VOIGT, is an adult individual who currently resides at 23 Victor Drive, Mechanicsburg, Cumberland County, Pennsylvania 17013. 3. There is one dependent child of the parties, namely Bret A. Shindel, DOB 5/14/92. 4. Petitioner seeks primary of the following child: Name Present Residence Age Bret A. Shindel 59 East Penn Street 8 years Carlisle, PA 17013 The child was born out of wedlock The child is presently in the custody of his mother, Respondent, FAWNE E. REIGLE, who currently resides at 59 East Penn Street, Carlisle, PA 17013. During his life, the child has resided with the following persons at the following addresses: Name Fawne E. Reigel, Charles Reigel, Tara Reigel, Brooke Reigel, Barbara Reigel Fawne E. Reigel, Charles Reigel, Tara Reigel, Brooke Reigel, Barbara Reigel Address Dates 59 East Penn Street 11/99 - current Carlisle, PA 17013 Victor Drive To 11/99 Mechanicsburg, PA 17055 The mother of the child is Respondent, FAWNE E. REIGLE, currently residing at 59 East Penn Street, Carlisle, PA 17013 The father of the child is Petitioner, JOHNATHAN S. VOIGT, currently residing at 23 Victor Drive, Mechanicsburg, Carlisle, PA 17013 5. The relationship of the Petitioner to the child is that of natural mother. The Petitioner currently resides with the following persons: Charles Reigel (husband), Tara Reigel (daughter), Brooke Reigel (daughter), and Barbara Reigel (daughter). The relationship of the Respondent to the child is that of natural father. To Petitioner's knowledge, father currently resides with the following persons: a roommate, Bob (last name unknown). 6. There is currently no Court Order entered in this case. 7. Petitioner does not know of a person not a party to the proceedings who has physical custody of any of the child or claims to have physical custody or visitation rights with respect to the child. 8. The best interests and permanent welfare of the child will be served by granting the relief requested because: (a) Petitioner is the natural mother of the child; (b) Petitioner has established a relationship with the child; (c) Petitioner desires to continue exercising parental duties and enjoys the love and affection of the child; (d) The child should be permitted to enjoy the love, affection, and emotional support which can be provided by their natural mother. (e) The child would benefit from custody being granted to his natural mother because of the current situation, which is explained in detail in paragraphs (a) through (g) below. 9. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. No other persons are known to have or claim a right to custody or visitation of the child to be given notice of the pendency of this action and the right to intervene. PETITION FOR EMERGENCY RELIEF - REQUEST FOR ORDER FOR TEMPORARY PRIMARY PHYSICAL CUSTODY 10. Paragraphs one (1) through (9) are hereby incorporated be reference as though fully set forth. 11. Petitioner believes the child will suffer needless irreparable harm and may be in danger if custody is not immediately temporarily granted to her for the following reasons: (a) The child, Bret A. Shindel, was diagnosed a juvenile diabetic on February 21, 2000. (b) The child is insulin dependent, has a special diet, must eat on a regulated schedule and must have his blood tested four times a day. (c) During the last scheduled weekend visitation with the Respondent, to begin June 16, 2000, Respondent failed to administer the necessary insulin injection, check his blood sugar level by testing, and feed the child. (d) Respondent's brother inadvertently found out from the child that he had not been fed or had his medicine and administered same. (e) Petitioner was informed by Respondent's brother that the child had not been fed or had his medication and that the Respondent was intoxicated and not in any condition to deal with the child. (f) Petitioner picked up the child on June 16, 2000 and returned the child to their home. (gj Respondent had left the child with his girlfriend and left for an unknown amount of time, and was not there when Petitioner picked up the child. WHEREFORE, Petitioner respectfully requests this Honorable Court to enter an Emergency Order granting her primary physical custody of her child pending the scheduling of a conference or hearing on the matters alleged herein. Dated. ?U L 23iZCOO Respectfully submitted Karl E. Rominger, Esquire Attorney for Defendant 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID No. 81924 VERIFICATION I, Fawne E. Reigel, hereby verify that the statements made in the foregoing Petition are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. VERIFICATION I, Fawne E. Reigel, hereby verify that the statements made in the foregoing Petition are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. Date: Ill rld 'oo 9k r FAWNE E. REIGLE, IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JOHNATHAN S. VOIGT, Respondent NO. 00-4349 CIVIL TERM ORDER OF COURT AND NOW, this 30th day of June, 2000, this matter having been called for a hearing this date, and the parties having reached an agreement, IT IS ORDERED: 1. Primary physical custody of Bret A. Shindel, born May 14, 1992, shall be with his mother, Fawne E. Reigle. 2. The father, Johnathan S. Voigt, shall have periods of temporary physical custody as follows: (a) Every other weekend from Friday through Sunday supervised at his parents' home with an adult present. (b) Such other times as the parties may agree. By the, Co ey Karl E. Rominger, Esquire For Petitioner Johnathan S. Voigt, pro se 10 Richland Lane Apt. 10T3 Camp Hill, PA 17011 C ?.o Sheriff prs - T'lA CU p?iNSYLVI NIIA ?? FAWNE E. REIGLE IN THE COURT OF COMMON PLEAS OF PLAINTIFF V. : CUMBERLAND COUNTY, PENNSYLVANIA JOHNATHAN S. VOIGT 1. 00-4349 CIVIL ACTION LAW DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, this 30th day of June , 2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Melissa P. Greevy, Esq. the conciliator, at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on the 26th day of July , 2000, at 10:00 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. FOR THE COURT, By: /s/ Melissa P. Greevy Esa. \ Custody Conciliator A 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ?ILJE 71 DO JUL -3 PH 12:34 CUPfbt:,a./v'qU C:GUN?y PENNSYLUQ 7 7 3 -od ? -t J?? FAWNE E. REIGLE : IN THE COURT OF COMMON PLEAS Respondent : CUMBERLAND COUNTY, ""PENNSYLVANIA V. :No. O-a - q3 Y 9 /? L tiv -7 u-- JOHNATHAN S. VOIGT : CIVIL ACTION - LAW Petitioner :CUSTODY ORDER OF COURT AND NOW, 20_, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before the conciliator, at on the day of 2000, at o'clock, _.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. FOR THE COURT: By: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must 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 Cumberland County Court House, Fourth Floor Carlisle, PA 17013 (717) 240-6200 FAWNE E. REIGLE Respondent V. JOHNATHAN S. VOIGT Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. " - q 3 `f 9 & ?,-j Te- CIVIL ACTION - LAW CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Fawne E. Reigle, residing at 59 East Penn Street, Carlisle, Cumberland County, Pennsylvania. 2. The defendant is Johnathan S. Voigt, residing at 23 Victor Driver, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the following child: Name Present Residence Age Bret A. Shindel 59 East Penn Street, Carlisle, PA 8 years The child was born out of wedlock The child is presently in the custody of Fawne E. Reigle, who resides at 59 East Penn Street, Carlisle, PA. During the past five years, the child has resided with the following persons and at the following addresses: List All Persons List All Addresses Dates Fawne E. Reigel, 59 East Penn Street 11/99 - current Charles Reigel, Tara Carlisle, PA 17013 Reigel, Brooke Reigel, Barbara Reigel Pawne E. Reigel, Victor Drive To 11/99 Charles Reigel, Tara Mechanicsburg, PA 17055 Reigel, Brooke Reigel, Barbara Reigel The mother of the child is Fawne E. Reigel, currently residing at 59 East Penn Street, Carlisle, PA. She is married. The father of the child is Johnathan S. Voigt, currently residing at 23 Victor Drive, Mechanicsburg, PA. He is single. 4. The relationship of plaintiff to the child is that of natural mother. The plaintiff currently resides with the following persons. Name Relation sh Charles Reigel Husband Tara Reigel Daughter Brooke Reigel Daughter Barbara Reigel Daughter 5. The relationship of defendant to the child is that of natural father. The defendant currently resides with the following persons. Name Relationship Bob (last name unknown) Roommate 6. 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. Plaintiff does not know of a person not a parry to the proceedings who has physical custody of the child and claims to have custody or visitation rights with respect to the child, The best interest and permanent welfare of the child will be served by granting the relief request because: a. Petitioner is the natural mother of the child; b. Petitioner has established a relationship with the child; C. Petitioner desires to continue exercising parental duties and enjoys the love and affection of the child; d. The child should be permitted to enjoy the love, affection, and emotional support which can be provided by their natural mother. a. The child would benefit from custody being granted to his natural mother because of the current situation, which is explained in detail in paragraphs (a) through (g) below.(set forth facts showing that the granting of the relief requested will be in the best interest and permanent welfare of the child): 1.) The child, Bret A. Shindel, was diagnosed a juvenile diabetic on February 21, 2000. 2.) The child is insulin dependent, has a special diet, must eat on a regulated schedule and must have his blood tested four times a day. 3.) During the last scheduled weekend visitation with the Respondent, to begin June 16, 2000, Respondent failed to administer the necessary insulin injection, check his blood sugar level by testing, and feed the child. 4.) Respondent's brother inadvertently found out from the child that he had not been fed or had his medicine and administered same. 5.) Petitioner was informed by Respondent's brother that the child had not been fed or had his medication and that the Respondent was intoxicated and not in any condition to deal with the child. 6.) Petitioner picked up the child on June 16, 2000 and returned the child to their home. 7.) Respondent had left the child with his girlfriend and left for an unknown amount of time, and was not there when Petitioner picked up the child. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, plaintiff requests this Court to grant her legal and primary physical custody of the child with supervised visitation in the father. Respectfully submitted, Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pa 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff VERIFICATION I, Fawne E. Reigel, hereby verify that the statements made in the foregoing Petition are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: LO' ao, - Do FAWNE E. REIGLE : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. :No. 004349 Civil Tenn JOHNATHAN S. VOIGT : CIVIL ACTION - LAW Defendant :CUSTODY AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) I, Aaron D. Rossiter, hereby swear that I have served a true copy of the Emergency Custody Complaint, executed by the Plaintiff in the above-captioned matter, with Court Order setting hearing date and place, upon the Defendant by personal service June 28, 2000, at approximately 11:20 a.m. by handing it to Mary Smith, age 22, an adult individual residing with the Defendant, Johnathan S. Voigt, at 10 Richland Lane, Apartment 3, Camp Hill, PA 17011, the Defendant not being at home at the time. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. Dated: By: Aaron D. Rossiter FAWNE E. REIGLE, Plaintiff vs. JONATHAN S. VOIGT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 00-4349 CIVIL IN CUSTODY IN RE: DEFENDANT'S PETITION TO MODIFY ORDER AND NOW, this ' day of March, 2006, following hearing thereon, the petition of the defendant to modify custody order is GRANTED in part. Paragraph 4 of the existing custody order is modified to provide that the father shall have custody of the child, Bret A. Shindel, born May 14, 1992, for three weeks during the summer months. Said weeks shall not be consecutive. The father shall designate these weeks with not less than sixty (60) days' notice to the mother. BY THE COURT, ,!arl E. Rominger, Esquire For the Plaintiff Xttacy Wolf, Esquire 5 For the Defendant :rlm -,,N?, Kev' A. Hess, J. FAWNE E. REIGLE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JONATHAN S. VOIGT DEFENDANT 00-4349 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, May 04, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, May 25, 2006 at 9:30 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 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. Gilro 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 FLED-4) FICE OF THE PRI "HIONC)IAWY 2096 MAY -5 Psi 3: 2€3 CUPAE f., UNIT y pEN ,!SYLVi%PJA S:?DG rat- ?? ? ? ?? 5 :S•o? MAY 0 9 2006 r FAWNE E. REIGLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW JONATHAN S. VOIGT, : NO. 2000 - 4349 CIVIL TERM Defendant : IN CUSTODY ORDER OF COURT NOW, this day of , 2006, in consideration of the attached petition, it is hereby directed that the parties and their respective counsel appear before , Esquire, custody conciliator, on the 4th Floor, Cumberland County Courthouse, on the day of , 2006, at o'clock _. 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 child age five or older may also be present at the conference. Failure to appear at this 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 211-4436 ATTORNEY FOR DEFENDANT FAWNE E. REIGLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW JONATHAN S. VOIGT, : NO. 2000 - 4349 CIVIL TERM Defendant : IN CUSTODY PETITION FOR MODIFICATION AND NOW comes the defendant, Jonathan S. Voigt, by his attorney, Nathan C. Wolf, Esquire, and presents the following petition to modify custody, representing as follows: 1. The defendant/petitioner is Jonathan S. Voigt, an adult individual residing at 7 Robin Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 2. The plaintiff/respondent is Fawne E. Reigle, an adult individual with a mailing address of 32 Fairfield Street, Newville, Cumberland County, Pennsylvania, 17241. 3. The parties are the natural parents of one minor child, namely: Name Present Residence Age Bret A. Shindel 32 Fairfield Street 13 years Newville, PA 17241 DOB 5/ 14/ 1992 4. The child is presently the subject of Orders for Custody issued April 21, 2005 and March 9, 2006, providing for inter alia, primary physical custody of the child with Mother and periods of temporary physical custody of the child with Father. A true and correct copy of the orders of which modification is sought are attached hereto as Exhibits A and B. 5. Following a hearing before the Honorable Kevin A. Hess, held on February 17, 2006, the Father's periods of custody during summer months was expanded to provide for three weeks of custody during the summer months, said weeks not to run consecutively and with sixty (60) days notice to be provided to Mother. 6. The Order of April 21, 2005 provides for the parties to share legal custody. 7. Said Order likewise provides that Father shall be primarily responsible for transportation, but that upon the agreement of the parties, Mother shall cooperate with said transportation. 8. On September 17, 2005, Mother informed Father that she was moving to Newville with the child, which required the child to change school districts and which increased the travel distance between the parties' homes from approximately two miles to approximately fourteen miles. 9. Mother is employed in Middlesex Township and thus drives near Father's residence on her way to work. 10. Mother had previously agreed to bring the child to Father's residence at the beginning of his periods of partial custody on Fridays. 11. Recently Mother indicated that she was no longer willing to transport the child to Father's residence and that Father would have to be solely responsible for the transportation. 12. Previously when Father had traveled to pickup the child, on multiple occasions, Father would have to wait for extended periods of time for the child to be ready to go with Father, or the Mother and child would not be present at her residence and so Father could not pickup the child at all. 13. Father believes that Mother's actions are specifically designed to purposefully impede Father's periods of custody with the child and to further alienate the child from the Father. 14. Father is requesting that the current Order be modified to require Mother to transport the child to Father's residence at the beginning of Father's periods of custody, unless the parties reach other mutually agreeable arraignments. 15. Said request is made to ensure Father has his periods of custody without undue delay and inconvenience by Mother's failure to have the child ready at the beginning of his periods of custody, by Mother's failure to be present when Father has traveled to pickup the child and to ensure that Father is not solely responsible for the additional time and expense associated with transporting the child. 16. The child's best interests will be served by the aforementioned modification because the child's relationship with Father will not continue to be impeded by Mother's past practices by requiring her to be responsible for ensuring timely, and uneventful custody exchanges. 17. Father believes and therefore avers that the best interests and permanent welfare of the child would be best served bythe entry of an order as aforesaid. WHEREFORE, defendant, Jonathan S. Voigt, prays this Honorable Court enter an Order granting the relief requested herein granting said modification regarding the transportation of the child as set forth herein, and any other relief the Court deems appropriate. Dated: May / , 2006 C/Wolf, Esquire High Street PA 17013 Court I.D. No. 87380 (717) 241-4436 Attorney for Defendant VERIFICATION I, the defendant in the above-referenced action, do hereby verify that the facts set forth in this petition are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.CS. §4904, relating to unswom falsification to authorities. May _L, 2006 Jonathan S. Voigt FAWNS E. REIGLE, Plaintiff v JONATHAN S. VOIGHT, Defendant RECEIVED APR 1920051 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 2000-4349 : IN CUSTODY COURT ORDER AND NOW, this d day of April, 2005, upon consideration of the attached " Custody Conciliation report, it is ordered and directed this Court's prior Order of June 30, 2000 is vacated and replaced with the following Order: 1. The mother, Fawne E. Reigle, and the father, Jonathan S. Voight, shall enjoy shared legal custody of Bret A. Shindel, born May 14, 1992. This provision for shared legal custody gives both parents the authority to receive all information concerning the minor child including school, medical and social information and, furthermore, this Order authorizes all school agencies and healthcare agencies to deal with both parents in connection with the minor child. 2. The mother shall enjoy primary physical custody of the minor child. 3. The father shall enjoy periods of temporary physical custody of the minor child as follows: a. Every Saturday from Saturday at 5:00 p.m. until Sunday at 6:00 p.m. b. At such other time as agreed upon by the parties. c. The parties shall handle holidays such that all holidays are shared pursuant to an agreement of the parties. In the event the parties are unable to reach an agreement on sharing a particular day, the day shall be split into two ?x??brt f? segments, from 9:00 a.m. until 3:00 p.m. and from 3:00 p.m. until 9:00 p.m., with the parties alternating those segments. 4. Father shall also have the ability to have the child for a one-week vacation during the summer months. It is anticipated father will be taking the child to a family reunion in June and mother shall work with the father on that issue. 5. In the event either party feels the Order set forth above is not working and, especially prior to the vacation of the father with minor child for the family reunion, the party may request their attorney to contact the Custody Conciliator directly to schedule another Custody Conciliation Conference which may be a telephone conference. 6. The parties may modify this Order as they agree. Absent an agreement, this Order shall control. 7. Both parties shall enjoy reasonable telephone contact with the minor child when the child is in the other parent's custody. R. The father shall handle transportation for custody unless there are unusual circumstances under which father may request mother to share in the transportation. BY THE COURT, Judge Edgar B. Bayley cc: Mark F. Bayley, Esquire Nathan C. Wolf, Esquire L.Ji ??}} ? ffj /6?{ ..,ILLlrrr3Plrlr"?"' Pg RECEIVED MAR 16 2006 FAWNE E. REIGLE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. JONATHAN S. VOIGT, Defendant CIVIL ACTION - LAW 00-4349 CIVIL IN CUSTODY IN RE: DEFENDANT'S PETITION TO MODIFY ORDER AND NOW, this day of March, 2006, following hearing thereon, the petition of the defendant to modify custody order is GRANTED in part. Paragraph 4 of the existing custody order is modified to provide that the father shall have custody of the child, Bret A. Shindel, born May 14, 1992, for three weeks during the summer months. Said weeks shall not be consecutive. The father shall designate these weeks with not less than sixty (60) days' notice to the mother. BY THE COURT, --Kt -,ql , Kevni A. Hess, J. Karl E. Rominger, Esquire For the Plaintiff Stacy Wolf, Esquire For the Defendant Am ?xh hrf ? NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 WOLF & WOLF 10 WEST HIGH STREET CARLISLE, PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT FAWNE R. REIGLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW JONATHAN S. VOIGT, : NO. 2000-4349 Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Nathan C Wolf, Esquire, attomeyfor Defendant, do hereby cerdfythat this date, I have served a copy of the foregoing Petition for modification upon the following person, by United States Mail, addressed as follows: Karl E. Rominger, Esquire Rominger Bayley & Whare 155 South Hanover Street Carlisle, PA 17013 Respectfully submitted, WOLF & WOLF By. ? Na C Wolf, Esquire 10 est Nigh Street Carlisle, PA 17013 (717) 241-4436 Supreme Court I.D. No. 87380 Attorney for Defendant Date: May 2006 •V\1 O ? fVV\rylf 1 Y 7 l J Y . t At I YCe ? CAL ? ? .ul.,,+? .exra () A FAWNE E. REIGLE, Plaintiff V. JONATHAN S. VOIGT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 2000 - 4349 CIVIL TERM : IN CUSTODY ORDER OF COURT NOW, this day of , 2006, upon consideration of the attached petition, it is hereby Ordered that: (1) A hearing is scheduled for the day of , 2006 at o'clock _.m in Courtroom 4 of the Cumberland County Courthouse. (2) Pending said hearing, the child shall remain in the jurisdiction of this Court. (3) Father shall continue to have shared legal custody of the child, Bret A. Shindel, born May 14, 1992, and Mother shall make every effort to inform Father prior to the child's medical appointments and of treatment received. Bythe Court, Distribution: Nathan C. Wolf, Karl E. Rominge MAY 0 3 2006,,,,E NATHAN C. WOLF, ESQUIRE ATTORNEy ED NO. 87380 10 WEST HIGH STREET CARLISL$ FA 17013 (717) 2414436 ATTORNEY FOR DEFENDANT FAWNS E. REIGLE, Plaintiff V. JONA'T'HAN S. VOIGT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 2000 - 4349 CIVIL TERM : IN CUSTODY PETITION FOR SPECIAL RELIEF AND NOW comes the defendant, Jonathan S. Voigt, by his attorney, Nathan C. Wolf, Esquire, and presents the following petition for special relief, representing as follows: 1. The defendant/petitioner is Jonathan S. Voigt, an adult individual residing at 7 Robin Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 2. The plaintiff/respondent is Fawne E. Reigle, an adult individual with a mailing address of 32 Fairfield Street, Newville, Cumberland County, Pennsylvania, 17241. 3. The parties are the natural parents of one minor child, namely. Name Present Residenc -Age Bret A. Shindel 32 Fairfield Street 13 years Newville, PA 17241 DOB 5/ 14/ 1992 4. The child is presently the subject of Orders for Custody issued April 21, 2005 and March 9, 2006, providing for inter aria, primary physical custody of the child with Mother and periods of temporary physical custody of the child with Father. A true and correct copy of the orders of which modification is sought are attached hereto as Exhibits A and B. 5. Following a hearing before the Honorable Kevin A. Hess, held on February 17, 2006, the Father's periods of custody during summer months was expanded to provide for three weeks of custody during the summer months, said weeks not to run consecutively and with sixty (60) days notice to be provided to Mother. 6. The Order of April 21, 2005 provides for the parties to share legal custody. 7. The child suffers from diabetes and various other health conditions and purportedly, as a result, suffers from mental health conditions as well. 8. Though directed to by the conciliator and requested numerous times through counsel, Mother has continually failed to provide Father with complete contact information for all of the child's treating physicians and has failed to ensure that said providers are aware that Father, and not Charles Reigle (Mother's husband), is the child's natural father and that Father has shared legal custody. 9. Father has attempted to notify the child's medical providers of the same and has not received information or input into decisions for the child's medical treatment. 10. Mother consistently notifies Father of appointments and/or treatment that the child receives after said appointments occur or such treatment is received. 11. On or about April 10, 2006, Mother notified Father that the child was going to be admitted to Cumberland Hospital in New Kent, Virginia for extended in-patient treatment, on the recommendation of the child's physicians. 12. The documentation provided to the Father indicated that the child's medical conditions have been unstable because of the stress of the custody proceedings and that the treatment in the Cumberland Hospital was recommended to achieve stability in the child's condition. 13. Until approximately April 10, 2006, Father had not received any information as to the need for such treatment whatsoever. 14. Father, and counsel for Father, have attempted to contact the physicians recommending said treatment without response. 15. Following the hearing on February 17, 2006, Father was granted modification of the prior orders, as stated above, to expand his summer custodial periods with the child. 16. The staff at Cumberland Hospital has informed Father that they are evaluating the child for the possibility of admission and treatment, and that the normal length of treatment begins at approximately six months and extends longer in some cases. 17. When the child has been in Father's care, the child's conditions have been more stable, as evidenced by the journal of the child's blood sugar and caloric intake, taken to monitor the child's condition. 18. Father believes that Mother purposefully has excluded Father from being involved in the decision making process regarding the child's treatment because she has evidenced a complete disregard for the Court's orders concerning the sharing of medical information and because she has rejected Father's requests to be involved and informed about the child's condition. 19. Father is seeking relief in the form of a modification of the summer custody schedule to provide for Father having primary physical custody of the child for the majority of the summer, subject to alternating weekends with Mother. 20. In said period, Father will closely monitor the child's conditions and will communicate with the child's physicians, if said providers will respond, and Father will attempt to work towards stabilizing the child's condition through standardized scheduling of meals and medication. 21. Father believes and therefore avers that said opportunity will allow the child's condition to improve dramatically and to stabilize. 22. Father acknowledges the seriousness of the child's condition and is prepared to agree to the necessity of the recommended treatment at Cumberland Hospital if, after the summer period, the child's condition has not stabilized. 23. Father believes that the child would be in agreement with the relief requested. 24. Father believes that the requested relief is in the child's best interests because it will allow the child to remain in familiar surroundings while his condition become stabilized. 25. Father believes and therefore avers that the best interests and permanent welfare of the child would be best served by the entry of an order as aforesaid. WHEREFORE, defendant, Jonathan S. Voigt, prays this Honorable Court enter an Order granting the relief requested herein granting the special relief requested herein, namely the granting of primary physical custody of the child to Father for the summer of 2006, with partial physical custody as set forth herein, and any other relief the Court deems appropriate. Dated: May, 2006 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Defendant VERIFICATION I, the defendant in the above-referenced action, do herebyverify that the facts set forth in this petition are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. May __L, 2006 /ona an S. Voigt FAWNE E. REIGLE, Plaintiff v JONATHAN S. VOIGHT, Defendant RECEIVED APR 191005 k : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 20004349 IN CUSTODY COURT ORDER AND NOW, this I day of April, 2005, upon consideration of the attached Custody Conciliation report, it is ordered and directed this Court's prior Order of June 30, 2000 is vacated and replaced with the following Order: 1. The mother, Fawne E. Reigle, and the father, Jonathan S. Voight, shall enjoy shared legal custody of Bret A. Shindel, born May 14, 1992. This provision for shared legal custody gives both parents the authority to receive all information concerning the minor child including school, medical and social information and, furthermore, this Order authorizes all school agencies and healthcare agencies to deal with both parents in connection with the minor child. 2. The mother shall enjoy primary physical custody of the minor child. 3. The father shall enjoy periods of temporary physical custody of the minor child as follows: a. Every Saturday from Saturday at 5:00 p.m. until Sunday at 6:00 p.m. b. At such other time as agreed upon by the parties. c. The parties shall handle holidays such that all holidays are shared pursuant to an agreement of the parties. In the event the parties are unable to reach an agreement on sharing a particular day, the day shall be split into two rXbjbtf A segments, from 9:00 a.m. until 3:00 p.m. and from 3:00 p.m. until 9:00 p.m., with the parties alternating those segments. 4. Father shall also have the ability to have the child for a one-week vacation during the summer months. It is anticipated father will be taking the child to a family reunion in June and mother shall work with the father on that issue. 5. In the event either party feels the Order set forth above is not working and, especially prior to the vacation of the father with minor child for the family reunion, the party may request their attorney to contact the Custody Conciliator directly to schedule another Custody Conciliation Conference which may be a telephone conference. 6. The parties may modify this Order as they agree. Absent an agreement, this Order shall control. 7. Both parties shall enjoy reasonable telephone contact with the minor child when the child is in the other parent's custody. 8. The father shall handle transportation for custody unless there are unusual circumstances under which father may request mother to share in the transportation. BY THE COURT, ?f /TAA ?A Judge Edon B. Bayley cc: Mark F. Bayley, Esquire Nathan C. Wolf, Esquire 'Vy ffI ?.. "T 103 r, Y V, ?1,i i3U Ti1.15/.....!!.?.. 0-4. RECEIVED MAR 16 2006 FAWNE E. REIGLE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW 00-4349 CIVIL JONATHAN S. VOIGT, Defendant IN CUSTODY IN RE: DEFENDANT'S PETITION TO MODIFY ORDER AND NOW, this day of March, 2006, following hearing thereon; the petition of the defendant to modify custody order is GRANTED in part. Paragraph 4 of the existing custody order is modified to provide that the father shall have custody of the child, Bret A. Shindel, born May 14, 1992, for three weeks during the stammer months. Said weeks shall not be consecutive. The father shall designate these weeks with not less than sixty (60) days' notice to the mother. BY THE COURT, ,?t -,gl-?- Kevir4 A. Hess, J. Karl E. Rominger, Esquire For the Plaintiff Stacy Wolf, Esquire For the Defendant Am NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 WOLF & WOLF 10 WEST HIGH STREET CARLISLE, PA 17013 (717) 2414436 ATTORNEY FOR DEFENDANT FAWNE E. REIGLE, Plaintiff V. JONATHAN S. VOIGT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000-4349 IN CUSTODY CERTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire, attorney for Defendant, do hereby certify that this date, I have served a copy of the foregoing Petition for Special Relief upon the following person, by United States Mail, addressed as follows: Karl E. Rominger, Esquire Rominger Bayley & Whare 155 South Hanover Street Carlisle, PA 17013 Respectfully submitted, WOLF & WOLF By: 0• // - N than C. Wolf, Esquire 10 West IIigh Street Carlisle, PA 17013 (717) 241-4436 Supreme Court I.D. No. 87380 Attorney for Defendant Date: May, 2006 1J 1 n I Iv FAWNE E. REIGLE, Plaintiff v JONATHAN S. VOIGT, Defendant JUN 0 5 2006 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO.2000-4349 IN CUSTODY ORDER OF COURT CIVIL ACTION - LAW AND NOW, this 4 4 day of 2006, upon consideration of the attached Custody Conciliation Report, i s ordered and directed as follows: 1. A hearing is scheduled in ourtroom No. 4 of the Cumberland County Courthouse on the ?yq day of 2006 at 1,3Q in. `The sole purpose of this hearing shall a to determine whether the child m?e delivered by the Mother to the Cumberland Hospital for a nine-month in-patient stay to address the child's physical and psychiatric issues. 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 list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. For physicians who will testify at this hearing, the parties may make arrangements to have that testimony done over the telephone. 2. Pending further Order of this Court, this Court's Order of April 21, 2005 as supplemented by this Court's Order of March 9, 2006 shall remain in place subject to the following modifications: A. For transportation for exchange of custody, the Mother shall deliver the child to the Father at the beginning of Father's periods of custody, and the Father shall return the child to the Mother when his periods of custody are over. At the time Mother delivers child to the Father, Mother shall ensure that Father has all necessary medical supplies for the Father to administer to the child during his time of custody, and Mother may require Father to sign some type of receipt or acknowledgment indicating that she has delivered those medical supplies to the Father. B. Father's periods of temporary custody on the weekends as set forth in paragraph 3(A) of the April 21, 2005 Order shall be modified such that on alternating weekends Father shall have from Friday at 5:00 p.m. until Saturday at 6:00 p.m., and on the other alternating weekends Father shall have custody from Saturday at 5:00 p.m. until Sunday at 6:00 p.m. 11 C. All physicians who are providing treatment to Bret A. Shindcl, born May 14, 1992, are hereby specifically authorized to provide medical records and disclose all pertinent medical information to both parents, Fawne E. Reigle and Jonathan S. Voigt, and this shall be deemed an Order of Court authorizing release of all information to both parents. Additionally, both parents are hereby directed to execute any and all release documents that any medical provider would require in connection with providing medical records to the parents. These release documents shall be executed by the parties within thirty days, and the obligation to execute these releases shall continue and each party shall reasonably respond to requests for execution for such release documents. BY THE COURT: 0? Kevin ¢! Hess, Judge Cc: tlCarl Rominger, Esquire .Aathan C. Wolf, Esquire \)I? 0 FAWNE E. REIGLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v NO.2000-4349 CIVIL ACTION - LAW JONATHAN S. VOIGT, IN CUSTODY Defendant Prior Judge: The Honorable Kevin A. Hess CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Bret A. Shindel, born May 14,1992 2. A Conciliation Conference was held on May 25, 2006, with the following individuals in attendance: The Mother, Fawne E. Reigle, with her counsel, Karl Rominger, Esquire The Father, Jonathan S. Voigt, with his counsel, Nathan C. Wolf, Esquire 3. This case was before the Court this past February for a bearing and the Court at that time gave Father expanded custody of the minor child during the summer months. Since that time, there have been a number of issues come up, including disagreements on transportation, some of Father's periods of temporary custody, the alternating holiday schedule and other matters. Most importantly, the treating physicians for the minor child have suggested the child should attend a nine-month in-patient stay at Cumberland Hospital. The Father is suggesting that such a dramatic and extensive treatment is not necessary and that the child would not require this type of treatment if the child was with him during the summer months for a longer period of time in order to stabilize his insulin problems. Additionally, Father complains that the health care providers who are making the recommendations on these matters do not communicate with the Father and constantly assert some type of confidentiality problem with providing the Father information. 4. A hearing is required on the issue of the child going to Cumberland Hospital. The Conciliator recommends an Order in the form as attached which schedules a hearing but also addresses some of the other issues which the parties agreed to at the conciliation conference. Date: June f , 2006 za/_ 11?e? Hubert X. G' oy, Esquire Custody C ciliator NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 37 SOUTH HANOVER STREET, SUITE 201 CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT FAWNE E. REIGLE, Plaintiff V. JONATHAN S. VOIGT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2000 - 4349 CIVIL TERM : IN CUSTODY PETITION FOR MODIFICATION AND NOW comes the defendant, Jonathan S. Voigt, by his attorney, Nathan C. Wolf, Esquire, and presents the following complaint for custody, representing as follows: 1. The defendant/petitioner is Jonathan S. Voigt, an adult individual residing at 7 Robin Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 2. The plaintiff/ respondent is Fawne E. Reigle, an adult individual with a mailing address of 59 East Penn Street, Carlisle, Cumberland County, Pennsylvania, 17013. 3. The parties are the natural parents of one minor child, namely: Name Present Reskknce Age Bret A. Shindel 59 East Penn Street 12 years Carlisle, PA 17013 DOB 5/14/1992 4. The child is presently the subject of an Order for Custody issued June 30, 2000, providing for primary physical custody of the child with Mother and periods of temporary physical custody of the child with Father on alternating weekends from Friday to Sunday supervised at Father's parents' home with an adult present, and at such other times as the parties may agree. A true and correct copy of the order of which modification is sought is attached hereto as Exhibit A- 5. Since the issuance of said Order, Father has enjoyed periods of partial physical custody of the child on a regular basis, including overnight visits in his home, without other adult supervision, and has not been subject to the supervision requirement for more than two years prior to the filing of this petition. 6. Father seeks a modification of custody based upon developments that have occurred since the issuance of said custody order. 7. Father has resided at the above address for approximately one year with his wife, Mary G. Voigt, to whom he has been married for two years prior to the filing of this petition, and their daughter, Makayla Elizabeth Voigt, born February 14, 2003. 8. Mother has resided at the above address for approximately six years, with her husband, Charles Reigle and their three children, Tara Reigle, Brooke Reigle, and Barbara Reigle, in addition to the child who is the subject of the instant petition. 9. Father has developed a good relationship with the child and now shares a bond with the child. 10. The child has also developed a relationship with his half-sister and stepmother during the periods of time while the child has been in Father's care. 11. The child suffers from juvenile diabetes, and requires special medication, diet, and scheduling of meals. 12. The child had been experiencing difficulty in school related to his absences, believed to be the result of Mother's failure to adequately ensure that the child was woken up and readied for school. 13. As of March 10, 2005 or after approximately 120 days of school have been held this year, the child has been absent from school for thirTthree days, and has been tardy on seventeen days. Four of these absences were not excused by a note and eight tardy days were not excused by a note. 14. Furthermore, the child had failed to complete numerous assignments and had been allowed to continue to do so while he was only in Mother's care during school weeks. 15. The child's failure to complete assignments and his frequent absences from school are identified by his teachers as the primary causes for the child's academic difficulties. 16. Sometime in October of 2004, Mother began allowing the child to go to Father's home on several evenings per week where he was given help by Father and Stepmother in completing his homework assignments. 17. The child's grades began to improve dramatically and the child self-esteem seemed to improve substantially and his health seemed to be more stabile since the child began spending that time in Father's household. 18. Mother works five days per week from approximately four o'clock p.m until approximately midnight and is not available to care for the child in the evenings. 19. Father has observed that for the majority of the time when the child is in the custody of Mother, that his personal hygiene and grooming habits are not maintained and that the child is constantly in unsanitary conditions while in the household. 20. The most explicit example of this problem involves the child's enuresis in both his bed and on the living room couch when the child falls asleep in the living room The conditions are not cleaned satisfactorily and the child is allowed to sleep on the mattress without sheets or blankets. 21. Father believes that the Mother has sought to alienate the child from the love and affection of the Father and believe that they will accuse him of engaging in such action directed towards the Mother. 22. Father avers that the basis for his actions concerning his son is solely motivated by his concern for the child's best interests and permanent welfare. 23. Father believes and therefore avers that it would be in the best interests of the child for the Court to issue an order granting shared legal custody of the child to the parties, continuing primary physical custody of the child with Mother and granting periods of partial physical custody to Father on alternating weekends from Fridays to Sundays, providing for shared custody of the child on holidays, providing for periods of uninterrupted custody during summers vacations with each party, and providing for additional periods of partial physical custody on weekdays from the end of the school day until the time when the child's Stepfather picks him up on his way home from work. 24. Father believes and therefore avers that the best interests and permanent welfare of the child would be best served by the entry of an order as aforesaid. WHEREFORE, defendant, Jonathan S. Voigt, prays this Honorable Court enter an Order granting the relief requested herein granting the parties shared legal custody, and for physical custody of the child to be set forth herein, and any other relief the Court deems appropriate. submitted, Dated: March U-, 2005 37 ;mirth Ha+fiover Street /nte201 "isle, PA 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Defendant FAWNE E. REIGLE, Petitioner V. JOHNATHAN S. VOIGT, Respondent IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 00-4349 CIVIL TERM ORDER OF COURT AND NOW, this 30th day of June, 2000, this matter having been called for a hearing this date, and the parties having reached an agreement, IT IS ORDERED: 1. Primary physical custody of Bret A. Shindel, born May 14, 1992, shall be with his mother, Fawne E. Reigle. 2. The father, Johnathan S. Voigt, shall have periods of temporary physical custody as follows: (a) Every other weekend from Friday through Sunday supervised at his parents' home with an adult present. (b) Such other times as the parties may agree. Karl E. Rominger, Esquire For Petitioner Johnathan S. Voigt, pro se 10 Richland Lane Apt. 1OT3 Camp Hill, PA 17011 Sheriff prs EXHIGIT uRa ?oev50 v VERIFICATION I, the defendant in the above-referenced action, do hereby verify that the facts set forth in this petition are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. March 2005 S. Voigt /-Q V n C-b l O ? O ?R Q 1 i 1 FAWNE E. REIGLE IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVA V' 00-4349 CIVIL ACTION LAW JONATHAN S. VOIGT DEFENDANT IN CUSTODY ORDER OF COURT AND NOW. Wednesday, March 23, 2005 _, upon consideration of the it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. VIA Complaint, , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, April 14, 2005 _ at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the is ues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to ente 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 / Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hea FOR THE COURT, By: /s/ Hubert X. GilroV, Esq. ? Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with Disabilites Act of 1990. For information about accessible facilities and reasonable aec available to disabled individuals having business before the court, please contact our office. must be made at least 72 hours prior to any hearing or business before the court. You must scheduled conference or hearing. orders, the Americans arrangements d the YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YO(] 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 ? 07 h=4, y J c ? ' ' ;;1?L 30 JU'i , 14 RECEIVED APR 191005 FAWNE E. REIGLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW JONATHAN S. VOIGHT, : NO. 2000-4349 Defendant : IN CUSTODY COURT ORDER AND NOW, this __Z, \,day of April, 2005, upon consideration of the attached Custody Conciliation report, it is ordered and directed this Court's prior Order of June 30, 2000 is vacated and replaced with the following Order: 1. The mother, Fawne E. Reigle, and the father, Jonathan S. Voight, shall enjoy shared legal custody of Bret A. Shindel, born May 14, 1992. This provision for shared legal custody gives both parents the authority to receive all information concerning the minor child including school, medical and social information and, furthermore, this Order authorizes all school agencies and healthcare agencies to deal with both parents in connection with the minor child. 2. The mother shall enjoy primary physical custody of the minor child. 3. The father shall enjoy periods of temporary physical custody of the minor child as follows: a. Every Saturday from Saturday at 5:00 p.m. until Sunday at 6:00 p.m. b. At such other time as agreed upon by the parties. c. The parties shall handle holidays such that all holidays are shared pursuant to an agreement of the parties. In the event the parties are unable to reach an agreement on sharing a particular day, the day shall be split into two segments, from 9:00 a.m. until 3:00 p.m. and from 3:00 p.m. until 9:00 p.m., with the parties alternating those segments. 4. Father shall also have the ability to have the child for a one-week vacation during the summer months. It is anticipated father will be taking the child to a family reunion in June and mother shall work with the father on that issue. 5. In the event either party feels the Order set forth above is not working and, especially prior to the vacation of the father with minor child for the family reunion, the party may request their attorney to contact the Custody Conciliator directly to schedule another Custody Conciliation Conference which may be a telephone conference. 6. The parties may modify this Order as they agree. Absent an agreement, this Order shall control. 7. Both parties shall enjoy reasonable telephone contact with the minor child when the child is in the other parent's custody. 8. The father shall handle transportation for custody unless there are unusual circumstances under which father may request mother to share in the transportation. BY THE COURT cc ark F. Bayley, Esquire ?tthan C. Wolf, Esquire O\ Judge Edgar B. Bayley FAWNE E. REIGLE, Plaintiff v JONATHAN S. VOIGHT, Defendant Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 2000-4349 : 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. 2. 3 The pertinent information pertaining to the child who is the subject of this litigation is as follows: Bret A. Shindel, born May 14, 1992. A Conciliation Conference was held on April 14, 2005, with the following individuals in attendance: The mother, Fawne E. Reigle, with her attorney, Mark F. Bayley, Esquire, and the father, Jonathan S. Voight, with his attorney, Nathan C. Wolf, Esquire. The parties agreed to the entry of a Court Order in the form as attached. DATE Hubert X. Gilrq, Esquire Custody Conciliiator -? ?? 3 ? ?" ? ?. ? 9J o ?r F l Ll NOV 0 9 2005 1?2 ly FAWNE E. REIGLE, Plaintiff VS. JONATHAN S. VOIGHT, Defendant IN THE COURT OF CQMDi'10AI 1 H' Ati CUMBERLAND COUNTY, PENNSYLV NO. 2000-4349 : IN CUSTODY ORDER OF COURT CIVIL ACTION - LAW AND NOW, this ?D day of November, 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Courtroom No. -X- of the Cumberland County 2001, at Courthouse on the 1'7-111 day of r,?Gh?j? 3d ?. in. At this hearing the Father shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with this Court and opposing counsel a Memorandum setting forth the history of custody in this case, the issues currently before the Court, a list of witnesses who will be called to testify on behalf of each party, and a summary of anticipated testimony of each witness. This Memorandum shall be filed at least rive days prior to the mentioned hearing date. 2. Pending further Order of the Court, this Court's prior Order of April 14, 2005 shall remain in effect. BY THE COURT, Cc: ?karl E. Rominger, k.81acy B. Wolf, Esqi 'a Judge r? i y I's ?iJ Z I :9I "M 0 1 F?01 Soul FAWNE E. REIGLE, Plaintiff VS. JONATHAN S. VOIGHT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000-4349 CIVIL ACTION - LAW : 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 child who is the subject of this litigation is as follows: Bret A. Shindel, born May 14, 1992 2. A Conciliation Conference was held on November 8, 2005, with the following individuals in attendance: The Mother, Fawne E. Reigle, with her counsel, Karl Rominger, Esquire The Father, Jonathan S. Voight, with his counsel, Stacy B. Wolf, Esquire 3. The parties were before the Conciliator last April, at which time the parties reached an agreement. Since that time, the Father suggests that there are a number of issues that merit a change of custody, and Father is seeking primary custody or, in the alternative, Father is seeking extensive periods of temporary custody to include all weekends from Friday through Monday and all summer. Mother is not in agreement. The parties require a hearing in this case. 4. The Conciliator recommends an Order in the form as attached. Date: // 9- a S ubert X. G' oy, Esquire Custody ciliator FAWNE E. REIGLE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW 00-4349 CIVIL JONATHAN S. VOIGT, Defendant IN CUSTODY IN RE: DEFENDANT'S PETITION TO MODIFY ORDER AND NOW, this day of March, 2006, following hearing thereon, the petition of the defendant to modify custody order is GRANTED in part. Paragraph 4 of the existing custody order is modified to provide that the father shall have custody of the child, Bret A. Shindel, born May 14, 1992, for three weeks during the summer months. Said weeks shall not be consecutive. The father shall designate these weeks with not less than sixty (60) days' notice to the mother. BY THE COURT, arl E. Rominger, Esquire For the Plaintiff Xtacy Wolf, Esquire , For the Defendant Arn Al 2Ke/v' A. Hess, J. C 0?w G ,, ?. ; NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT FAWNE E. REIGLE, Plaintiff V. JONATHAN S. VOIGT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000 - 4349 CIVIL TERM IN CUSTODY PETITION FOR SPECIAL RELIEF AND NOW comes the defendant, Jonathan S. Voigt, by his attorney, Nathan C. Wolf, Esquire, and presents the following petition for special relief, representing as follows: 1. The defendant/petitioner is Jonathan S. Voigt, an adult individual residing at 7 Robin Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 2. The plaintiff/respondent is Fawne E. Reigle, an adult individual with a mailing address of 32 Fairfield Street, Newville, Cumberland County, Pennsylvania, 17241. 3. The parties are the natural parents of one minor child, namely: Name Present Residence Age Bret A. Shindel 32 Fairfield Street 13 years Newville, PA 17241 DOB 5/ 14/ 1992 4. The child is presently the subject of Orders for Custody issued April 21, 2005 and March 9, 2006, providing for inter alia, primary physical custody of the child with Mother and periods of temporary physical custody of the child with Father. A true and correct copy of the orders of which modification is sought are attached hereto as Exhibits A and B. 5. Following a hearing before the Honorable Kevin A. Hess, held on February 17, 2006, the Father's periods of custody during summer months was expanded to provide for three weeks of custody during the summer months, said weeks not to run consecutively and with sixty (60) days notice to be provided to Mother. 6. The Order of April 21, 2005 provides for the patties to share legal custody. 7. The child suffers from diabetes and various other health conditions and purportedly, as a result, suffers from mental health conditions as well. 8. Though directed to by the conciliator and requested numerous times through counsel, Mother has continually failed to provide Father with complete contact information for all of the child's treating physicians and has failed to ensure that said providers are aware that Father, and not Charles Reigle (Mother's husband), is the child's natural father and that Father has shared legal custody. 9. Father has attempted to notify the child's medical providers of the same and has not received information or input into decisions for the child's medical treatment. 10. Mother consistently notifies Father of appointments and/or treatment that the child receives after said appointments occur or such treatment is received. 11. On or about April 10, 2006, Mother notified Father that the child was going to be admitted to Cumberland Hospital in New Kent, Virginia for extended in-patient treatment, on the recommendation of the child's physicians. 12. The documentation provided to the Father indicated that the child's medical conditions have been unstable because of the stress of the custody proceedings and that the treatment in the Cumberland Hospital was recommended to achieve stability in the child's condition. 13. Until approximately April 10, 2006, Father had not received any information as to the need for such treatment whatsoever. 14. Father, and counsel for Father, have attempted to contact the physicians recommending said treatment without response. 15. Following the hearing on February 17, 2006, Father was granted modification of the prior orders, as stated above, to expand his summer custodial periods with the child. 16. The staff at Cumberland Hospital has informed Father that they are evaluating the child for the possibility of admission and treatment, and that the normal length of treatment begins at approximately six months and extends longer in some cases. 17. When the child has been in Father's care, the child's conditions have been more stable, as evidenced bythe journal of the child's blood sugar and caloric intake, taken to monitor the child's condition. 18. Father believes that Mother purposefully has excluded Father from being involved in the decision making process regarding the child's treatment because she has evidenced a complete disregard for the Court's orders concerning the sharing of medical information and because she has rejected Father's requests to be involved and informed about the child's condition. 19. Father is seeking relief in the form of a modification of the summer custody schedule to provide for Father having primary physical custody of the child for the majority of the summer, subject to alternating weekends with Mother. 20. In said period, Father will closely monitor the child's conditions and will communicate with the child's physicians, if said providers will respond, and Father will attempt to work towards stabilizing the child's condition through standardized scheduling of meals and medication. 21. Father believes and therefore avers that said opportunity will allow the child's condition to improve dramatically and to stabilize. 22. Father acknowledges the seriousness of the child's condition and is prepared to agree to the necessity of the recommended treatment at Cumberland Hospital if, after the summer period, the child's condition has not stabilized. 23. Father believes that the child would be in agreement with the relief requested. 24. Father believes that the requested relief is in the child's best interests because it will allow the child to remain in familiar surroundings while his condition become stabilized. 25. Father believes and therefore avers that the best interests and permanent welfare of the child would be best served by the entry of an order as aforesaid. WHEREFORE, defendant, Jonathan S. Voigt, prays this Honorable Court enter an Order granting the relief requested herein granting the special relief requested herein, namely the granting of primary physical custody of the child to Father for the summer of 2006, with partial physical custody as set forth herein, and any other relief the Court deems appropriate. Dated: May _ -, 2006 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Defendant VERIFICATION I, the defendant in the above-referenced action, do herebyverify that the facts set forth in this petition are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.-S. §4904, relating to unswom falsification to authorities. May , 2006 onathan S. Voigt i! RECEIVED APR 19 2005' FAWNE E. REIGLE, Plaintiff v JONATHAN S. VOIGHT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 2000-4349 : IN CUSTODY COURT ORDER a AND NOW, this day of April, 2005, upon consideration of the attached Custody Conciliation report, it is ordered and directed this Court's prior Order of June 30, 2000 is vacated and replaced with the following Order: 1. The mother, Fawne E. Reigle, and the father, Jonathan S. Voight, shall enjoy shared legal custody of Bret A. Shindel, born May 14, 1992. This provision for shared legal custody gives both parents the authority to receive all information concerning the minor child including school, medical and social information and, furthermore, this Order authorizes all school agencies and healthcare agencies to deal with both parents in connection with the minor child. 2. The mother shall enjoy primary physical custody of the minor child. 3. The father shall enjoy periods of temporary physical custody of the minor child as follows: a. Every Saturday from Saturday at 5:00 p.m. until Sunday at 6:00 p.m. b. At such other time as agreed upon by the parties. c. The parties shall handle holidays such that all holidays are shared pursuant to an agreement of the parties. In the event the parties are unable to reach an agreement on sharing a particular day, the day shall be split into two ?Xhrbaf segments, from 9:00 a.m. until 3:00 p.m. and from 3:00 p.m. until 9:00 p.m., with the parties alternating those segments. 4. Father shall also have the ability to have the child for a one-week vacation during the summer months. It is anticipated father will be taking the child to a family reunion in June and mother shall work with the father on that issue. 5. In the event either party feels the Order set forth above is not working and, especially prior to the vacation of the father with minor child for the family reunion, the party may request their attorney to contact the Custody Conciliator directly to schedule another Custody Conciliation Conference which may be a telephone conference. 6. The parties may modify this Order as they agree. Absent an agreement, this Order shall control. 7. Both parties shall enjoy reasonable telephone contact with the minor child when the child is in the other parent's custody. 8. The father shall handle transportation for custody unless there are unusual circumstances under which father may request mother to share in the transportation. BY THE COURT, r Judge Ede r B. Bayley cc: Mark F. Bayley, Esquire Nathan C. Wolf, Esquire L RECEIVED MAR 16 2005 FAWNE E. REIGLE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COCINTY, PENNSYLVANIA vs. CIVIL ACTION - LAW 00-4349 CIVIL JONATHAN S. VOIGT, Defendant IN CUSTODY IN RE: DEFENDANT'S PETITION TO MODIFY ORDER AND NOW, this day of March, 2006, following hearing thereon, the petition of the defendant to modify custody order is GRANTED in part. Paragraph 4 of the existing custody order is modified to provide that the father shall have custody of the child, Bret A. Shuzdel, born May 14, 1992, for three weeks during the summer months. Said weeks shall not be consecutive. The father shall designate these weeks with not less than sixty (60) days' notice to the mother. BY THE COURT, Kevuf A. Hess, .T. r Karl E. Rominger, Esquire For the Plaintiff Stacy Wolf, Esquire For the Defendant Am F- ,Wtf 6 NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 WOLF & WOLF 10 WEST HIGH STREET CARLISLE, PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT FAWNE E. REIGLE, Plaintiff V. JONATHAN S. VOIGT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW NO. 2000-4349 IN CUSTODY CERTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire, attorney for Defendant, do hereby certify that this date, I have served a copy of the foregoing Petition for Special Relief upon the following person, by United States Mail, addressed as follows: Karl E. Rominger, Esquire Rominger Bayley & Whare 155 South Hanover Street Carlisle, PA 17013 Respectfully submitted, WOLF & WOLF By u? C l t/ N than C. Wolf, Esquire 10 West High Street Carlisle, PA 17013 (717) 241-4436 Supreme Court I.D. No. 87380 Attorney for Defendant Date: May, 2006 Cf rr? Vv J 4 NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. M80 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-0436 ATTORNEY FOR DEFENDANT FAWNE E. REIGLE, Plaintiff V. JONATHAN S. VOIGT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2000 - 4349 CIVIL TERM IN CUSTODY PETITION FOR MODIFICATION AND NOW comes the defendant, Jonathan S. Voigt, by his attorney, Nathan C. Wolf, Esquire, and presents the following petition to modify custody, representing as follows: 1. The defendant/petitioner is Jonathan S. Voigt, an adult individual residing at 7 Robin Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 2. The plaintiff/ respondent is Fawne E. Reigle, an adult individual with a mailing address of 32 Fairfield Street, Newville, Cumberland County, Pennsylvania, 17241. 3. The parries are the natural parents of one minor child, namely: Name Present Residence Age Bret A. Shindel 32 Fairfield Street 13 years Newville, PA 17241 DOB 5/ 14/ 1992 4. The child is presently the subject of Orders for Custody issued April 21, 2005 and March 9, 2006, providing for inter alia, primary physical custody of the child with Mother and periods of temporary physical custody of the child with Father. A true and correct copy of the orders of which modification is sought are attached hereto as Exhibits A and B. 5. Following a hearing before the Honorable Kevin A. Hess, held on February 17, 2006, the Father's periods of custody during summer months was expanded to provide for three weeks of custody during the summer months, said weeks not to run consecutively and with sixty(60) days notice to be provided to Mother. 6. The Order of April 21, 2005 provides for the parties to share legal custody. 7. Said Order likewise provides that Father shall be primarily responsible for transportation, but that upon the agreement of the parties, Mother shall cooperate with said transportation. 8. On September 17, 2005, Mother informed Father that she was moving to Newville with the child, which required the child to change school districts and which increased the travel distance between the parties' homes from approximately two miles to approximately fourteen miles. 9. Mother is employed in Middlesex Township and thus drives near Father's residence on her way to work. 10. Mother had previously agreed to bring the child to Father's residence at the beginning of his periods of partial custody on Fridays. 11. Recently Mother indicated that she was no longer willing to transport the child to Father's residence and that Father would have to be solely responsible for the transportation. 12. Previously when Father had traveled to pick up the child, on multiple occasions, Father would have to wait for extended periods of time for the child to be ready to go with Father, or the Mother and child would not be present at her residence and so Father could not pick up the child at all. 13. Father believes that Mother's actions are specifically designed to purposefully impede Father's periods of custody with the child and to further alienate the child from the Father. 14. Father is requesting that the current Order be modified to require Mother to transport the child to Father's residence at the beginning of Father's periods of custody, unless the parties reach other mutually agreeable arraignments. 15. Said request is made to ensure Father has his periods of custody without undue delay and inconvenience by Mother's failure to have the child ready at the beginning of his periods of custody, by Mother's failure to be present when Father has traveled to pick-up the child and to ensure that Father is not solely responsible for the additional time and expense associated with transporting the child. 16. The child's best interests will be served by the aforementioned modification because the child's relationship with Father will not continue to be impeded by Mother's past practices by requiring her to be responsible for ensuring timely and uneventful custody exchanges. 17. Father believes and therefore avers that the best interests and permanent welfare of the child would be best served by the entry of an order as aforesaid. WHEREFORE, defendant, Jonathan S. Voigt, prays this Honorable Court enter an Order granting the relief requested herein granting said modification regarding the transportation of the child as set forth herein, and any other relief the Court deems appropriate. Dated. May / , 2006 ?TWesr High Street ?CadiAe, PA 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Defendant VERIFICATION I, the defendant in the above-referenced action, do hereby verify that the facts set forth in this petition are true and correct to the best of my information and belief, I understand that false statements herein are made subject to the penalties of 18 Pa.CS. 54904, relating to unswom falsification to authorities. May _L, 2006 ? G Jonathan S, Voigt RECEIVED AN 19'tOfiS ' FAWNE E. REIGLE, Plaintiff v JONATHAN S. VOIGHT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 2000-4349 : IN CUSTODY COURT ORDER e AND NOW, this day of April, 2005, upon consideration of the attached Custody Conciliation report, it is ordered and directed this Court's prior Order of June 30, 2000 is vacated and replaced with the following Order: 1. The mother, Fawne E. Reigle, and the father, Jonathan S. Voight, shall enjoy shared legal custody of Bret A. Shindel, born May 14, 1992. This provision for shared legal custody gives both parents the authority to receive all information concerning the minor child including school, medical and social information and, furthermore, this Order authorizes all school agencies and healthcare agencies to deal with both parents in connection with the minor child. 2. The mother shall enjoy primary physical custody of the minor child. 3. The father shall enjoy periods of temporary physical custody of the minor child as follows: a. Every Saturday from Saturday at 5:00 p.m. until Sunday at 6:00 p.m. b. At such other time as agreed upon by the parties. c. The parties shall handle holidays such that all holidays are shared pursuant to an agreement of the parties. In the event the parties are unable to reach an agreement on sharing a particular day, the day shall be split into two segments, from 9:00 a.m. until 3:00 p.m. and from 3:00 p.m. until 9:00 p.m., with the parties alternating those segments. 4. Father shall also have the ability to have the child for a one-week vacation during the summer months. It is anticipated father will be taking the child to a family reunion in June and mother shall work with the father on that issue. 5. In the event either party feels the Order set forth above is not working and, especially prior to the vacation of the father with minor child for the family reunion, the party may request their attorney to contact the Custody Conciliator directly to schedule another Custody Conciliation Conference which may be a telephone conference. 6. The parties may modify this Order as they agree. Absent an agreement, this Order shall control. 7. Both parties shall enjoy reasonable telephone contact with the minor child when the child is in the other parent's custody. 8. The father shall handle transportation for custody unless there are unusual circumstances under which father may request mother to share in the transportation. BY TUE COURT, Judge Ed?6r B. Bayley 1 cc: Mark F. Bayley, Esquire ?? Nathan C. Wolf, Esquire RCCEiVEO \IAR 16 nbU FAWNE E. REIGLE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CN1L ACTION - LAW 00-4349 CIVIL .IONATFIAN S. VOIGT, Defendant IN CUSTODY IN RE: DEFENDANT'S PETITION TO nAODIFY ORDER AND NOW, this RY day of March, 2006, following hearing thereon, the petition of the defendant to modify custody order is GRANTED in part. Paragraph 4 of the existing custody order is modified to provide that the father shall have custody of the child, Bret A. Shindel, born May 14, 1992, for three weeks during the summer months. Said weeks shall not be consecutive. The father shall designate these weeks with not less than sixty (60) days notice to the mother. BY THE COURT, Kevin A. Hess, .T, Karl E. Rontiuger, Esquire For the Plaintiff Stacy Wolf, Esquire For the Defendant :rlm ?xti ? hit ? NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 97390 WOLF & WOLF 10 WEST HIGH STREET CARLISLE, PA 17013 (717) 141-4436 ATTORNEY FOR DEFENDANT FAWNE E. REIGLE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW JONATHAN S. VOIGT, : NO. 2000-4349 Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire, attorney for Defendant, do hereby certify that this date, I have served a copy of the foregoing Petition for Modification upon the following person, by United States Mail, addressed as follows: Karl E. Rominger, Esquire Rominger Bayley & Whare 155 South Hanover Street Carlisle, PA 17013 Respectfully submitted, WOLF & WOLF By. Na an C. Wolf, Esquire 10 ,West Haigh Street Carlisle, PA 17013 (717) 241-4436 Supreme Court I.D. No. 87380 Attorney for Defendant Date: May , 2006 _4 S S- V ? ?? 1 ?` c? FAWNE E. REIGLE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JONATHAN S. VOIGT DEFENDANT 00-4349 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, May 04, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, May 25, 2006 at 9:30 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 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. Giko Es q. Custody Conciliator ij, 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 A-V 0? I -/V 8 z :c 14d S- AN 9001 A8ViQNOHiGldo 3HI ?O JUN o s 2oos? FAWNE E. REIGLE, Plaintiff v JONATHAN S. VOIGT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO.2000-4349 : IN CUSTODY ORDER OF COURT CIVIL ACTION - LAW AND NOW, this day of Qtd? -- , 2006, upon consideration of the attached Custody Conciliation Report, i ordered and directed as follows: 1. A hearing is scheduled in courtroom No. 4 of the Cumberland County Courthouse on the day ofl 2006 at 3D . m. 'The sole purpose of this hearing shall a to determine whether the child m a delivered by the Mother to the Cumberland Hospital for a nine-month in-patient stay to address the child's physical and psychiatric issues. 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 list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. For physicians who will testify at this hearing, the parties may make arrangements to have that testimony done over the telephone. 2. Pending further Order of this Court, this Court's Order of April 21, 2005 as supplemented by this Court's Order of March 9, 2006 shall remain in place subject to the following modifications: A. For transportation for exchange of custody, the Mother shall deliver the child to the Father at the beginning of Father's periods of custody, and the Father shall return the child to the Mother when his periods of custody are over. At the time Mother delivers child to the Father, Mother shall ensure that Father has all necessary medical supplies for the Father to administer to the child during his time of custody, and Mother may require Father to sign some type of receipt or acknowledgment indicating that she has delivered those medical supplies to the Father. B. Father's periods of temporary custody on the weekends as set forth in paragraph 3(A) of the April 21, 2005 Order shall be modified such that on alternating weekends Father shall have from Friday at 5:00 p.m. until Saturday at 6:00 p.m., and on the other alternating weekends Father shall have custody from Saturday at 5:00 p.m. until Sunday at 6:00 p.m. t,,? ? 7+ I"t .P J'l ? I"+i? _ , i, '?7,?,? '? ? ' 11 ?.I?? K,.,,, , L?f .. ?? _ . -'' l aril-1 ~`? . 1 C. All physicians who are providing treatment to Bret A. Shindel, born May 14, 1992, are hereby specifically authorized to provide medical records and disclose all pertinent medical information to both parents, Fawne E. Reigle and Jonathan S. Voigt, and this shall be deemed an Order of Court authorizing release of all information to both parents. Additionally, both parents are hereby directed to execute any and all release documents that any medical provider would require in connection with providing medical records to the parents. These release documents shall be executed by the parties within thirty days, and the obligation to execute these releases shall continue and each party shall reasonably respond to requests for execution for such release documents. BY THE COURT: Kevin X. Hess, Judge Cc: Q6rl Rominger, Esquire .,Nathan C. Wolf, Esquire S 0\1?? 0\1 NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT FAWNE E. REIGLE, Plaintiff V. JONATHAN S. VOIGT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2000 - 4349 CIVIL TERM : IN CUSTODY PETITION FOR SPECIAL RELIEF AND NOW comes the defendant, Jonathan S. Voigt, by his attorney, Nathan C. Wolf, Esquire, and presents the following petition for special relief, representing as follows: 1. The defendant/petitioner is Jonathan S. Voigt, an adult individual residing at 7 Robin Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 2. The plaintiff/respondent is Fawne E. Reigle, an adult individual with a mailing address of 32 Fairfield Street, Newville, Cumberland County, Pennsylvania, 17241. 3. The parties are the natural parents of one minor child, namely. N= Present Residenc -AP Bret A. Shindel 32 Fairfield Street 14 years Newville, PA 17241 DOB 5/ 14/ 1992 4. The child is presently the subject of Orders for Custody issued April 21, 2005 and March 9, 2006, and June 9, 2006, providing for inter alia, primary physical custody of the child with Mother and periods of temporary physical custody of the child with Father. Tme and correct copy of the respective orders are attached hereto as Exhibits A, B and C. 5. The child suffers from diabetes and various other health conditions and purportedly, as a result, suffers from mental health conditions as well. 6. On or about November 25, 2006, the child came to Father's residence for his period of custody. 7. At that time, the child reported to Father that he had witnessed a physically violent episode between Mother and her husband, the child's Stepfather, Charles Reigle. 8. The child reported that he and his younger half-sisters awoke Saturday morning to sounds of yelling and other commotion. 9. The child entered his mother's bedroom and observed Mother physically striking stepfather repeatedly in the face and head area. 10. The child screamed for his mother to stop hitting his stepfather and Mother's response was to scream at the child to get out of her room, mind his own business, and to go back to sleep. 11. The child exited the room, and attempted to get to the telephone to summon the police, but his siblings prevented him from doing so to keep their mother from being arrested. 12. The child then, upon hearing the continued sounds of an altercation coming from the room, re-entered the bedroom and observed Mother continuing to strike at Stepfather. 13. The child interceded and was able to get Stepfather out of the house, though Stepfather was clothed only in underwear and a bathrobe. 14. During the incident, Stepfather's adult brother, who resides in the home with the family, awoke but took no action to intercede in the altercation. 15. Later that day, after Mother had left the residence, Stepfather returned to the residence with obvious injuries and blood on his face from such injuries. 16. The child provided Stepfather with clothing and some food and Stepfather remained in the residence long enough to calm the child's siblings down. 17. Stepfather informed the children that he and Mother were going to divorce and that he did not fight back to prevent Mother from become violent with the children instead of striking him. 18. The child has now informed Father that he fears returning to the residence and has asked Father to secure custody of him to prevent the necessity of his return. 19. The child was fearful of his own safety and for the safety of the other members of his household. 20. The child however suffers from a severe case of diabetes, as the Court is aware, and the child's health is extremely fragile. 21. Stressful environments and incidents like the events of November 25, 2006 cause the child's medical condition to become unstable and put the child at risk for a severe diabetic episode. 22. When the child came to Father's residence, his blood sugar level was approximately 459, which is more than three times the acceptable range to be. 23. Since he has been at Father's residence, the child's condition has stabilized. 24. On November 25, 2006, Father contacted undersigned counsel to request advice as to how to protect the child from Mother and the instability and violence in the household. 25. Upon receiving advice from counsel, Father notified Mother that he intended to maintain custody of the child and to seek relief from the Court in the form of the instant petition. 26. Mother did provide Father with medication and medical supplies for the child so that the child's medical needs could be met while the child remained with Father. 27. Father believes and therefore avers that Mother's actions pose a significant threat of harm to the child both as a result of her violent behavior and as a result of her uncontrollable displays of anger, which resulted in a sharp spike in the child's blood sugar levels, posing a significant risk of harm to the child's medical health. 28. Father is seeking relief in the form of temporary primary physical custody of the child, until a hearing can be conducted in this matter, to prevent continued exposure to the instability in Mother's household. 29. Father is willing to accommodate some visitation between Mother and child in the interim, should the Court find that such contact would be in the child's best interests, provided that a suitable adult would be present to supervise such contact. 30. Father also seeks an Order directing Mother to provide the child's school materials and clothing to Father until this matter can be resolved so that the child's educational progress is not further impeded by this situation. 31. Father believes and therefore avers that the instant relief is necessary to protect the child from the risk of harm present in Mother's household and that this relief will allow the child's condition to improve dramatically and to stabilize. 32. The child has clearly communicated that he is requesting Father seek this relief from the Court. 33. Father believes and therefore avers that the best interests and permanent welfare of the child would be best served by the entry of an order as aforesaid. WHEREFORE, defendant, Jonathan S. Voigt, prays this Honorable Court enter an Order granting the relief requested herein granting the special relief requested herein, namely the granting of primary physical custody of the child to Father with supervised visitation provided to Mother, pending a hearing in this matter, along with any other relief the Court deems appropriate. Respectfully Dated: November 2006 Esquire 10 W Carlis*,A"'A 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Defendant RECEIVED AN? IiAWNE E. REIGLE, Plaintiff v JONATHAN S. VOIGHT, Defendant : IN THE COURT OF COMMON PLEAS 01 : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000-4349 IN CUSTODY COURT ORDER AND NOW, this L day of April, 2005, upon consideration of the attached Custody Conciliation report, it is ordered and directed this Court's prior Order of June 30, 2000 is vacated and replaced with the following Order: 1. The mother, Eawne E. Reigle, and the father, Jonathan S. Voight, shall enjoy shared legal custody of Bret A. Shindel, born May 14, 1992. This provision for shared legal custody gives both parents the authority to receive all information concerning the minor child including school, medical and social information and, furthermore, this Order authorizes all school agencies and healthcare agencies to deal with both parents in connection with the minor child. 2. The another shall enjoy primary physical custody of the minor child. 3. The father shall enjoy periods of temporary physical custody of the minor child as follows: a. Every Saturday from Saturday at 5:00 pan. until Sunday at 6:00 p.m. b. At such other time as agreed upon by the parties. c. The parties shall handle holidays such that all holidays are shared pursuant to an agreement of the parties. In the event the parties are unable to reach an agreement on sharing a particular day, the dray shall be split into two f i segments, from 9:00 a.m. until 3:00 p.m. and from 3:00 p.m. until 9:00 p.m., with the parties alternating those segments. 4. Father shall also have the ability to have the child for a one-weep vacation during the summer months. It is anticipated father will be taking the child to a family reunion in June and another shall work with the father on that issue. 5. In the event either party feels the Order set forth above is not working and, especially prior to the vacation of the father with minor child for the family reunion, the party may request their attorney to contact the Custody Conciliator directly to schedule another Custody Conciliation Conference which may be a telephone conference. 6. The parties may modify this Order as they agree. Absent an agreement, this Order shall control. 7. Both parties shall enjoy reasonable telephone contact with the minor child when the child is in the other parent's custody. S. The father shall handle transportation for custody sunless there are unusual circumstances under which father may request mother to share in the transportation. BY 'I'I-dE COURT cc: mark F. Bayley, Esquire Nathan C. Wolf, Esquire Judge Edger B. Bayley p,ECEIVED BAR 1 6 2000 FAWNE E. REIGLE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW 00-4349 CIVIL JONATHAN S. VOIGT, Defendant IN CUSTODY IN RE: DEFENDANT'S PETITION TO MODIFY ORDER AND NOW, this day of March, 2006, following hearing thereon; the petition of the defendant to modify custody order is GRANTED in past. Paragraph 4 of the existing custody order is modified to provide that the father shall have custody of the child, Bret A. Shindel, born May 14, 1992, for three weeks during the summer months. Said weeks shall not be consecutive. The father shall designate these weeks with not less than sixty (60) days' notice to the mother. BY THE COURT, Kevin A. Hess, J. Karl E. Rominger, Esquire f For the Plaintiff Stacy Wolf, Esquire For the Defendant A111 l?,hif C- FAWNE E. REIGLE, Plaintiff v JONATHAN S. VOIGT, Defendant tt Std l 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO.2000-4349 : IN CUSTODY ORDER OF COURT CIVIL ACTION - LAW AND NOW, this day of dmi - , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A heari s scheduled in urtroom N . 4 of the Cumberland County Courthouse on the day of , 2006 at f -_30 . in. The sole purpose of this hearing shall be determine whether the child m$y be delivered by the Mother to the Cumberland 'Hospital for a nine-month in-patient stay to address the child's physical and psychiatric issues. 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 list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. For physicians who will testify at this hearing, the parties may make arrangements to have that testimony done over the telephone. 2. Pending further Order of this Court, this Court's Order of April 21, 2005 as supplemented by this Court's Order of March 9, 2006 shall remain in place subject to the following modifications: A. For transportation for exchange of custody, the Mother shall deliver the child to the Father at the beginning of Father's periods of custody, and the Father shall return the child to the Mother when his periods of custody are over. At the time Mother delivers child to the Father, Mother shall ensure that Father has all necessary medical supplies for the Father to administer to the child during his time of custody, and Mother may require Father to sign some type of receipt or acknowledgment indicating that she has delivered those medical supplies to the Father. B. Father's periods of temporary custody on the weekends as set forth in paragraph 3(A) of the April 21, 2005 Order shall be modified such that on alternating weekends Father shall have from Friday at 5:00 p.m. until Saturday at 6:00 p.m., and on the other alternating weekends Father shall have custody from Saturday at 5:00 p.m. until Sunday at 6:00 p.m. C. All physicians who are providing treatment to Bret A. Shindcl, born May 14, 1992, are hereby specifically authorized to provide medical records and disclose all pertinent medical information to both parents, Fawne E. Reigle and Jonathan S. Voigt, and this shall be deemed an Order of Court authorizing release of all information to both parents. Additionally, both parents are hereby directed to execute any and all release documents that any medical provider would require in connection with providing medical records to the parents. These release documents shall be executed by the parties within thirty days, and the obligation to execute these releases shall continue and each party shall reasonably respond to requests for execution for such release documents. Cc: Karl Rominger, Esquire Nathan C. Wolf, Esquire t?l of 4(°Ji[7(?r6J?tISI?j?;rtc `i• ty ?1 Y?rkt? 1Said, V BY THE COURT: VERIFICATION I, the undersigned counsel for the defendant in the above-referenced action, do hereby verify that the facts set forth in this petition are true and correct to the best of my information and belief. Such verification is based upon information received by me from my client, but I do not have personal knowledge of the facts alleged herein. I understand that false statements herein are made subject to the penalties of 18 Pa.-S. §4904, relating to unsworn falsification to authorities. Novemb 2006 NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 WOLF & WOLF 10 WEST HIGH STREET CARLISLE, PA 17013 (717) 24IA436 ATTORNEY FOR DEFENDANT FAWNE E. REIGLE, Plaintiff V. JONATHAN S. VOIGT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 2000-4349 : IN CUSTODY CERTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire, attorney for Defendant, do hereby certify that this date, I have served a copy of the foregoing Petition for Special Relief upon the following person, by United States Mail, addressed as follows: Karl E. Rominger, Esquire Rominger & Whare 155 South Hanover Street Carlisle, PA 17013 Respectfully submitted, WOLF & WOLF ,-? B Date: Novembeiat, 2006 10 West Carlisle, P 13 (717) 241-4436 Supreme Court I.D. No. 87380 Attorney for Defendant -? Cr 1' NOV 2 8 2006 /0 1 FAWNE E. REIGLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW JONATHAN S. VOIGT, : NO. 2000 - 4349 CIVIL TERM Defendant : IN CUSTODY ORDER OF COURT NOW, this 3o ` day of y.4,e , 2006, upon consideration of the attached petition, it is hereby Ordered that: (1) A hearing is scheduled for the df 'l- day of -Z e, , 200 (o at / : /6- o'clock lo.m. in Courtroom 4 of the Cumberland County Courthouse. (2) Pending said hearing, the child shall remain in the primary custody of Father. (3) Pending said hearing, Mother shall have periods of supervised visitation with the child for a period of no more than 6 hours per week at times agreed to by the parties. (4) Mother shall permit the child to retrieve clothing, school books and other personal effects from her residence. (5) Father is directed to file a petition for modification within /O days of the date of this Order. BY THE COURT: Ke ' Hess, J. Distribution: Nathan C. Wolf, Esquire, for the Father Karl E. Rominger, Esquire, for the Mother " VlNVAIASiNN3dl 9Z .I Wd 0£ AON 90OZ AdViDNl'J'HICUd 3Hl ?O FAWNE E. REIGLE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW 00-4349 CIVIL JONATHAN S. VOIGT, Defendant IN CUSTODY IN RE: DEFENDANT'S PETITION TO MODIFY ORDER AND NOW, this ?day of December, 2006, following conference in chambers with counsel and with the child, Bret A. Shindel, born May 14, 1992, it is ordered and directed that: 1. Pending further order of court, said child shall remain in the primary physical custody of his father. Mother shall have periods of supervised visitation with the child for a period of no more than six hours per week at times agreed to by the parties. 2. Mother shall permit the child to retrieve clothing, school books and other personal effects from her residence. BY THE COURT, Kevi % Hess, J. Michael Palermo, Esquire - C'97 For the Plaintiff Nathan Wolf, Esquire _ For the Defendant'' :rlm 90 :? ?JJ 8- 330 °.M NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT FAWNE E. REIGLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW JONATHAN S. VOIGT, : NO. 2000 - 4349 CIVIL TERM Defendant : IN CUSTODY PETITION FOR MODIFICATION AND NOW comes the defendant, Jonathan S. Voigt, by his attorney, Nathan C. Wolf, Esquire, and presents the following petition to modify custody, representing as follows: 1. The defendant/petitioner is Jonathan S. Voigt, an adult individual residing at 7 Robin Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 2. The plaintiff/respondent is Fawne E. Reigle, an adult individual with a mailing address of 32 Fairfield Street, Newville, Cumberland County, Pennsylvania, 17241. 3. The parties are the natural parents of one minor child, namely- Name Present Residence Bret A. Shindel 7 Robin Drive 14 years Carlisle, PA 17013 DOB 5/ 14/ 1992 4. The child is presently the subject of Order for Custody issued December 8, 2006, which was issued following a conference in chambers with counsel and the child present following Father's filing of a Petition for Special Relief on November 28, 2006, following which a conference was held in chambers with counsel on November 30, 2006, whereupon the Court entered a temporary order granting primary physical custody of the child to Father and supervised visitation for no more than six hours per week to Mother. The child had previously been subject to Orders for Custody dated April 21, 2005 and March 9, 2006, and June 9, 2006, providing for inter alia, primary physical custody of the child with Mother and periods of temporary physical custody of the child with Father. True and correct copy of the respective orders are attached hereto as Exhibits A, B, C, D and E. 5. The child suffers from diabetes and various other health conditions and purportedly, as a result, suffers from mental health conditions as well. 6. As set forth in the petition for special relief, on November 25, 2006, the child witnessed a violent incident between Mother and Stepfather where Mother was striking Stepfather repeatedly. 7. As a result of the incident, the child expressed his fear of his Mother's behavior to Father and requested not to be made to return to Mother's household. 8. Father sought relief from the Court which was granted as stated above. 9. The Court directed the filing of the instant petition to permit this matter to be reviewed and addressed during the conciliation process. 10. To date, the child is still without necessary medical supplies and without his school textbooks, his glasses, clothing and a pet cat. 11. The child was fearful of his own safety and for the safety of the other members of his household. 12. The child however suffers from a severe case of diabetes, as the Court is aware, and the child's health is extremely fragile. 13. Stressful environments and incidents like the events of November 25, 2006 cause the child's medical condition to become unstable and put the child at risk for a severe diabetic episode. 14. When the child came to Father's residence, his blood sugar level was approximately 459, which is more than three times the acceptable range to be. 15. Since he has been at Father's residence, the child's condition has stabilized. 16. Father believes and therefore avers that Mother's actions pose a significant threat of harm to the child both as a result of her violent behavior and as a result of her uncontrollable displays of anger, which resulted in a sharp spike in the child's blood sugar levels, posing a significant risk of harm to the child's medical health. 17. Father now seeks relief in the form of primary physical custody of the child to prevent continued exposure to the instability in Mother's household. 18. Father is willing to accommodate some visitation between Mother and child in the interim, should the Court find that such contact would be in the child's best interests, provided that a suitable adult would be present to supervise such contact. 19. Father believes and therefore avers that the instant relief is necessary to protect the child from the risk of harm present in Mother's household and that this relief will allow the child's condition to improve dramatically and to stabilize. 20. Father believes and therefore avers that the best interests and permanent welfare of the child would be best served by the entry of an order as aforesaid. WHEREFORE, defendant, Jonathan S. Voigt, prays this Honorable Court enter an Order granting the relief requested herein granting the special relief requested herein, namely the granting of primary physical custody of the child to Father with supervised visitation provided to Mother, along with any other relief the Court deems appropriate. submitted, Dated: December ! / 1 2006 Nathan off, Esquire 10 We igh Street Carlisle, PA 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Defendant VERIFICATION I, the undersigned counsel for the defendant in the above-referenced action, do hereby verify that the facts set forth in this petition are true and correct to the best of my information and belief. Such verification is based upon information received by me from my client, but I do not have personal knowledge of the facts alleged herein. I understand that false penalties of 18 Pa.C.S. 54904, relating to unworn falsification December 1 ,2006 Natha Couns herein are made subject to the Z: Wolf, Esquire for Defendant RECEIVED UN liAWNE E. RElGLE, : IN THE COURT OF COMMON PLEAS 09e plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V CIV[L ACTION - LAW JONATHAN S. VOIGHT, NO. 2000-4349 Defendant IN CUSTODY COURT ORDER F AND NOW, this I day of April, 2005, upon consideration of the attached Custody Conciliation report, it is ordered and directed this Court's prior Order of June 30, 2000 is vacated and replaced wide the following Order: 1. The mother, Fawne E. Reigle, and the father, Jonathan S. Voil ht, shall enjoy shared legal custody of Bret A. Shindel, born May 14, 1992. This provision for shared le(-'al custody graves both parents the aanthority to receive all informations concerning tile minor child including school, medical and social informations and, furthermore, this Order authorizes all school agencies and healthcare agencies to deal with both parents in connection with the minor child. 2. The mother shall enjoy primary physical custody of the ininor child. 3. The father shall enjoy periods of teraporary physical custody of the minor child as fofiows: ta. IEvelf.), Satauday l'roaal ??ateae day at S:t60 p.ell. aailtil S?aalday at :tVO Ia.aaa. i1. At such other time as a(,reed upon by the parties. c. The p arfles shall handle holida.ys such Cthi at 'all holidays .are sa?ar?d pursu'-111t to an agreement of the par des. In the .?vent the par des a€-e unable to reach '111 gaga cslaeLat !ua silts€-iul, a Ia:aa ticuia cE?ay, tthe day siliall i?? split into hVo segments, from 9:00 a.m. until 3:00 p.m. and from 3:00 p.m. until 9:00 p. on., with the parties alternating those segments. 4. Father shall also have the ability to have the child for a one-week vacation during the summer months. It is anticipated father will be taking the child to a family reucnim ion June and mother shall work with the father on that issue. 5. In the event either party feels the Order set forth above is not working and, especially prior to the vacation of the father with minor child for the fancily reunion, the party may request their attorney to contact the Custody Conciliator directly to schedule another Custody Conciliation Conference which may be a telephone conference. 6. The parties may modify this Order as they agree. Absent an agreement, this order shall control. 7. Both parties shall enjoy reasonable telephone contact v ith the minor child when tine child is in the other parent's custody. S. The father shall handle transportation for custody unless there are unusual circumstances under which father may request mother to share in the traansportatioll. BY TUE cep: nALirk F.? Bayley, Esquire 1 4i.??I?J.?aB C. `??'.U'lf1 Esquire Judge Ed"Ilaa' 13. Bayley 1 I-,( R?CEIVEQ MAI 1. 6 x* FAWNS E. REIGLE, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW 00-4349 CIVIL JONATHAN S. VOIGT, Defendant IN CUSTODY IN RE: DEFENDANT'S PETITION TO MODIFY ORDER AND NOW, t11is day of March, 2006, following bearing thereon, the petition of the defendant to modify custody order is GRANTED in part. Paragraph 4 of the existing crlstody order is modified to provide that the father shall have custody of the child, Bret A. Shindel, born May 14, 1992, for three weeks during the sunuller months. Said weeps shall not be consecutive. The father- shall designate these weeks with not less than sixty (60) days' notice to the mother. BY THE COURT, -Ai Kevin A. Hess, J. Karl E. Rominger, Esquire For the Plaintiff Stacy Wolf, Esquire For tl Defencant r1?11 6,0,ibtf 6t) i" FAWNE E. REIGLE, Plaintiff v JONATHAN S. VOIGT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO.2000-4349 IN CUSTODY ORDER OF COURT CIVIL ACTION - LAW 2006 upon consideration AND NOW, this day of , of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A heari a 's scheduled in urtr4 of the Cumberland County Courthouse on the day of , 2006 at . in. The sole purpose of this hearing shall bed? determine whether the child may be delivered by the Mother to the Cumberland ospital for a nine-month in-patient stay to address the child's physical and psychiatric issues. 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 list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. For physicians who will testify at this hearing, the parties may make arrangements to have that testimony done over the telephone. 2. Pending further Order of this Court, this Court's Order of April 21, 2005 as supplemented by this Court's Order of March 9, 2006 shall remain in place subject to the following modifications: A. For transportation for exchange of custody, the Mother shall deliver the child to the Father at the beginning of Father's periods of custody, and the Father shall return the child to the Mother when his periods of custody are over. At the time Motber delivers child to the Father, Mother sly ill ensum that lather has all necessary medical supplies for the Father to administer to the child during his time of custody, and Mother may require Father to sign some type of receipt or acknowledgment indicating that she has delivered those medical supplies to the Father. B. Father's periods of temporary custody on the weekends as set forth in paragraph 3(A) of the April 21, 2005 Order shall be modified such that on alternating weekends Father- shall have from Friday at 5:00 p.m. until Saturday at 6:00 p.m., and on the other alternating weekends Father shall have custody from Saturday at 5:00 p.m. until Sunday at 6:00 p.m. 31 C. All physicians who are providing treatment to Bret A. Shindcl, born May 14, 1992, are hereby specifically authorized to provide medical records and disclose all pertinent medical information to both parents, Fawne E. Reigle and Jonathan S. Voigt, and this shall be deemed an Order of Court authorizing release of all information to both parents. Additionally, both parents arc hereby directed to execute any and all release documents that any medical provider would require in connection with providing medical records to the parents. These release documents shall be executed by the parties within thirty days, and the obligation to execute these releases shall continue and each party shall reasonably respond to requests for execution for such release documents. Cc: Marl Rominger, Esquire Nathan C. Wolf, Esquire t I 7 s u p .?t w.r ?f•C 6 c,?... _ t t ?%" ?i9P"f V Toth BY THE COUR'T': i Nov 2 8 2001 FAWNE E. REIGLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW JONATHAN S. VOIGT, : NO. 2000 - 4349 CIVIL TERM Defendant : IN CUSTODY ORDER OF COURT NOW, this -3 0 1-4 day of 006, upon consideration of the attached petition, it is hereby Ordered that: (1) A hearing is scheduled for the day ofd, , 200 ( at I o'clock/ m. in Courtroom 4 of the Cumberland County Courthouse. (2) Pending said hearing, the child shall remain in the primary custody of Father. (3) Pending said hearing, Mother shall have periods of supervised visitation with the child for a period of no more than 6 hours per week at times agreed to by the parties. (4) Mother shall permit the child to retrieve clothing, school books and other personal effects from her residence. (5) Father is directed to file a petition for modification within /e) days of the date of this Order. BY THE COURT: Kevin A. Hess, J. Distribution: Nathan C. Wolf, Esquire, for the Father Karl E. Rominger, Esquire, for the Mother <"L.. - 51 FAWNS E. P\LIGLE, IN TI IE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW 00-4349 CIVIL JONATHAN S. VOIGT, Defendant IN CUSTODY IN RE: DEFENDANT'S PETITION TO MODIFY ORDER AND NOW, this day of December, 2006, following conference in chambers With counsel and with the child, Bret A. Shindel, born May 14, 1992, it is ordered and directed that: 1. Pending further order of court, said child shall remain in the primary physical custody of his father. Mother shall have periods of supervised visitation with the child for a period of no more than six hours per week at times agreed to by the parties. 2. Mother shall permit the child to retrieve clothing, school books and other personal effects from her resiclence. Michael Palermo, Esquire For the Plaintiff Nathan Wolf. 1?squire For the Defendant :rlnl BY THE COURT, J 1LeV111??I-less, .1. i i lit Testimony wlh-rr;1I, 1 he urlto f-?}. MY hand and the sea[ o . _,. 1 `-arts ie Pa. 7, his t(111 ¦ NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 WOLF & WOLF 10 WEST HIGH STREET CARLISLE, PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT FAWNE E. REIGLE, Plaintiff V. JONATHAN S. VOIGT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 2000-4349 : IN CUSTODY CERTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire, attorney for Defendant, do hereby certify that this date, I have served a copy of the foregoing Petition for Special Relief upon the following person, by United States Mail, addressed as follows: Karl E. Rominger, Esquire Rominger & Whare 155 South Hanover Street Carlisle, PA 17013 Respectfully WOLF & W Date: December '1 , 2006 By. 3Qathan Esquire 10 West Fligh Street Carlisle, PA 17013 (717) 241-4436 Supreme Court I.D. No. 87380 Attorney for Defendant t?? c CD ?1 -77 41- FAWNE E. REIGLE PLAINTIFF V. JONATHAN S. VOIGT DEFENDANT . IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 00-4349 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Thursday, December 14, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, January. 12, 2007 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. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR. THE COURT, By: /s/ Hubert X. Gilroy, Es q. I V11 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 .9©- 511- if/ ,w- ,V- zf/ S :I !,Y g ! 3-0 90oz ]Hi ?O {:I- D ,M I$ 2 0Y, FAWN E REIGLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW JONATHAN S. VOIGHT, : NO. 00-4349 Defendant : IN CUSTODY COURT ORDER AND NOW, this day of January, 2007, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. 4 of the Cumberland County Courthouse on the day ofd ,2007 atp?C m. At this hearing, the father shall be the moving party and 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 party's 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. In addition to addressing the issue of the entry of a permanent Custody Order in this case at the above scheduled hearing, the Court will also entertain father's request to hold mother in contempt for mother's alleged failure to abide by paragraph 2 of this Court's December 8, 2006 Order. I Pending further Order of this Court, the custody arrangement as set forth in paragraph 1 of the December 8, 2006 Order shall remain in effect. BY THE COURT, Judge evin A. Hess ct.: ,?(athan C. Wolf, Esquire ?Jeeslie A. Tomeo, Esquire ZC : IC .? Id 6 ! NI r t00Z Ni 3G ? , -0--clT!I: FAWN E REIGLE, Plaintiff v JONATHAN S. VOIGHT, Defendant Prior Judge: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 00-4349 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 child who is the subject of this litigation is as follows: Bret A. Shindel, born May 14, 1992. 2. A Conciliation Conference was held on January 12, 2007, with the following individuals in attendance: The mother, Fawn E. Reigle, with her counsel, Leslie A. Tomeo, Esquire, and the father, Joanathan S. Voight, with his counsel, Nathan C. Wolf, Esquire. 3. The parties were before the Court in December at which time Judge Hess modified the existing Order to give father primary custody and mother supervised visitation. Mother is now seeking more expanded visitation such as an alternating weekend. Father is unwilling to agree to the expansion, and father especially has problems with mother's alleged failure to abide by paragraph 2 of the December 8, 2006 Order. Father alleges that mother has not provided necessary paperwork and clothing. 4. A hearing on the merits is required in this case and the Conciliator recommends an Order in the form as attached. (- (S - u7 DATE 4-()o Hubert X. Gilroy, E Custody Conciliator NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT FAWNE E. REIGLE, Plaintiff V. JONATHAN S. VOIGT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000-4349 IN CUSTODY MOTION FOR CONTINUANCE NOW comes the Defendant, by his attorney, Nathan C. Wolf, Esquire, and presents the following motion for continuance of the May 4, 2007 custody hearing, representing as follows: 1. The defendant/petitioner is Jonathan S. Voigt, an adult individual residing at 7 Robin Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 2. The plaintiff/respondent is Fawne E. Reigle, an adult individual with a mailing address of 2419 Byron Street, Richmond, VA 23223. 3. The parties are the natural parents of one minor child, namely. Bret A. Shindel. Present Residence: 7 Robin Drive, Carlisle, PA 17013. Age: 14 years. D.O.B. 5/14/1992. 4. The defendant filed a petition to modify on December 11, 2007, and a custody conciliation was held on January 12, 2007, from which an Order was issued scheduling the case for a hearing before the Honorable Kevin A. Hess on May 4, 2007 at 9:30 a.m. 5. The parties involved are negotiating a settlement, and are hopeful that an acceptable resolution can be reached without the necessity of a hearing, but need additional time to continue to try to resolve their disputes. 6. A continuance of not less than six weeks is specifically requested. 7. There have been no prior continuances in this matter. 8. Counsel for the Plaintiff, Karl Rominger, Esqure, has been contacted and concurs with the filing of this motion. WHEREFORE, Defendant, Jonathan S. Voigt, respectfully requests that the Court issue an Order continue the custody hearing, currently scheduled for May 4, 2007, for a period of no less than six weeks. Respectfully submitted, WOLF &*-dLF Dated: April -Z-0 ,2007 NaKn C. , Esquire 10 Wes i Street Carli A 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Plaintiff VERIFICATION I, the undersigned, do hereby verify I am counsel for Movant, and the facts set forth in this motion are true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. April 2-L , 2007 -- Nat C. olf C for Defendant NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF FAWNE E. REIGLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JONATHAN S. VOIGT, NO. 2000-4349 Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire, hereby certify that I have served a true and correct copy of Plaintiff's Motion for Continuance upon the following person and in the matter indicated: SERVICE BY U.S. MAIL: Karl E. Rominger, Esquire Rominger & Whare 155 South Hanover Street Carlisle, PA 17013 Respectfully submitted, WOLF &-WOLF Dated: April -4,2007 Nf than olf, Esquire 10 W igh Street Ca e, PA 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Plaintiff w APR $ 7 2007 OX FAWNE E. REIGLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JONATHAN S. VOIGT, NO. 2000-4349 Defendant IN CUSTODY ORDER OF COURT AND NOW this c? day of , 2007, upon consideration of the attached Motion, it is hereby ordered that the custody hearing scheduled for May 4, 2007 at 9:30 a.m., be rescheduled to oZCJ , 2007, at eJ- l'J? BY THE COURT: KEVI A. HESS, J. Distribution: Karl E. Rominger, Esquire For the Plaintiff Nathan C Wolf, Esquire For the Defendant (4- l?a E4r4?r >: S?l??t1 01.8 WV I - IN LOOZ MA do ?' !" _TJ FAWNE E. REIGLE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW 00-4349 CIVIL JONATHAN S. VOIGT, Defendant IN CUSTODY IN RE: PETITION OF DEFENDANT TO MODIFY CUSTODY ORDER ORDER AND NOW, this Zo" day of July, 2007, following conference in chambers with counsel and with the child, Bret Anthony Shindel, born May 14, 1992, it is ordered and directed that action on the father's petition to modify custody is DEFERRED. Pending further hearing, if any, the mother shall have visitation with Brett limited to counseling sessions. The cost of said counseling shall be paid by the plaintiff mother. The plaintiff will execute any and all releases necessary to facilitate communication between the father and the counselor. In the event that the father believes that counseling is not proceeding in a satisfactory manner, he may request that this matter be rescheduled for hearing forthwith. Nothing herein shall prevent the mother from having telephone contact with the child. Xarl Rominger, Esquire For the Plaintiff ,,1'athan Wolf, Esquire For the Defendant :rim BY THE COURT, :nr .?..? ?rl? ?`) F