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HomeMy WebLinkAbout00-04753 ~~~ ~ ~, ~,~': MARK R. SillNDLE PLAINTIFF V. JENEL YN SHINDLE DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-4753 CIVIL ACTION LAW IN CUSTODY OJRDER OF COURT AND NOW, this 15th day of September ,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, FA 17011 on the 16th day of October ,2000, at 11:00 a.m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: Isl Melissa P. ree 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 HA VB 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 :il :1 , i --,,- ~-,' , FiLEO--OrFlCE ...........:T..ONOTJ\liY 00 SEP 19 Pi'1 ~: 07 CUMljERU'ND COUNTY PENi\'SYLVANIA t1/f-&?' w.~cnJ~4:>~ rf/<l-t:/t:J ~~ /U~ Z 4 ~tU,~ !J/f.oo ~';M~ ~ 4 ~ , , ,~,.,"I:!lI!l!I!'_~.IIfllt~ ~,~, 0""'71' ~,i~. ~!"",_~.",l~~, :ml~~!l;~_~~~''<>! ". ,",,11II': ~. - -,(' er(/IUD MARK R. SHINDLE, Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW JENEL YN SHINDLE, : NO. 00-4753 CIVIL TERM DefendantlRespondent : IN CUSTODY ORDER OF COURT AND NOW, this day of , 2000, upon consideration of the attached petition, it is hereby directed that the parties and their respective counsel appear before Hubert X. Gilroy, Esquire, 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 and narrow the issues to be heard by the Court and to enter into a temporary Order. Either party may bring the children who are the subject of this custody action to the conference, but the children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent Order. FOR THE COURT: By: Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, FOURTH FLOOR CARLISLE, PA 17013 (717) 240-6200 L MARK R. SHINDLE, Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW JENELYN SHINDLE, : NO. 00-4753 CIVIL TERM DefendantJRespondent : IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW, comes Petitioner, Mark R. Shindle, by and through his legal counsel of record, Bradley L. Griffie, Esquire, and the law firm of Griffie & Associates petitions the Court as follows: I. Your Petitioner is the above-named Plaintiff, Mark R. Shindle, an adult individual currently residing at 8732 Wood Road, Mercersburg, Franklin County, Pennsylvania. 2. Your Respondent is the above-named Defendant, Jenelyn Shindle, an adult individual currently residing at Apartment 422 G, Enola, Cumberland County, Pennsylvania. 3. The parties are the natural parents of two children, Laura M. Shindle, born May 22, 1990, and Kyle M. Shindle, born February 3, 1996. 4. The parties are subject to an Amended Order of Court dated October 25, 1999, from the Court of Common Pleas of the 41" Judicial District-Perry County Branch; a copy of said Amended Order being attached hereto and incorporated herein by reference as Exhibit "A." " . .. .. 5. By the joint request of counsel for the parties, the above referenced amended Order of Court has been docketed in the Court of Common Pleas of Cumberland County, which Court has jurisdiction over the issue of custody of the children at issue. 6. Since the time of the parties' separation and over the past year, there have been changes in the parties' circumstances which indicate that it is in the best interest and permanent welfare of the children to modify the prior amended Order of Court 7. It is in the best interest of the children to modify the prior Order by providing Petitioner primary physical custody of the children. 8. The children continue to reside in the jurisdiction of the Court of Common Pleas of Cumberland County. 9. Respondent resides as aforesaid with the children and her paramour, Michael Frederick. 10. Petitioner resides as aforesaid with his parents. 11. Petitioner will provide greater stability for the children, will be accommodating to developing the relationship of the children with the prospective non-custodial parent, the Respondent herein, and it is believed, the children desire to reside in Petitioner primary care. 12. Petitioner has no information of any custody proceedings concerning the children pending in any court of this Commonwealth. ~~" .-- ~~ .;, 13. Petitioner does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 14. The Court of Common Pleas of Cumberland County continues to have jurisdiction over the issue of custody of the child. WHEREFORE, Petitioner requests your Honorable Court to schedule a conciliation conference at which time an order shonld be entered providing him with primary physical or residential custody of the Children. Respectfully submitted, squrre y fi etitionerlPlaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, P A 17013 (717) 243-5551 (800) 347-5552 ~~- YERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: 2. 5'71-00 ;f/t.~ t!- ~V MARK R. SHINDLE, PetitionerlPlaintiff -," -, ~ R.. SEJ:NDLE, Plaintiff VS. IN TES COURT OF COMMON ?!.ZAS OF TES 4lST JODJ:CL~ DISTRICT OF ?E1L'=l.Y COm."'I'Y NO. 98-l013 JZNEL Y.N SEJ:NDLE, Defendant c:e:ILD CUSTODY AME:NIlED ORDER OF COURT AND NOW, to wit this,iS day of Ottob-tf; 1.999, the pa::ties and their r~spective counsel, having appea:::ec for a custody hearing on August 1.8, 1.999, it is hereby ORDER.3D AND DE~ as foll.ows: 1.. It is the intention of the parties and the parties agree that they will share joint legal custody of Lau...--a M. Shindle, born May 22, 1990 and Kyle M. Shindle, born Februa-ry 3, 1.996. The pa::ties agree that major decisions concerning their child:::en, including, but not necessarily limited to, the child:::en's health, welfa::e, educatic,n, religious training a..'1.d upbri.l:1ging shall be made by them jointly, after discussion and consultat:,ion ~Nith each other, with a view toward obtaining and following a harmonious policy in the child=ants besc interest. Each party agrees not to impai= the , '~ otner party's rights to shared legal custody of t~ child:::en. Each par-:.y agr=-=$ not to attempt to alienate the a.~.feccions of t.he c~~lc=;~ Ercm che cch:r parey. Each 9ar~y shall ~otify t~e oche= of a:...y a=tivity or circumst~"'"lce ccnce:rni:lS,~ t.::...e.i:: '-'1' . cn.1. _c.ren. ::r:.a:. could reasonably be" expected to be of cancer;::.' to r:he ot~er. Day to day decisions shall be the responsibility of the pare:nc ~he:l nav:.ug nhvsical custody. - - . With regard to a.."'lY emergency decisions "N!1..ich must be madel the parent having physical c~stcdy of the c~ildren at - ~. -., .. - , -, . ..0/ C::ffiiFiED A TRU~~ DC:PUTY PROTHONOTARY )~:i~;:~/ ~i~~ [ .. '. , .. . ... ~. 0 EXHIBIT "A" -f''''" . , the time of the emergency shall be permitted to ~~e any immediate decisions necessitated thereby. However, that parent shall ;nform the other of the emergency and consult with him or her as soon as possible. Each pa=y shall be entitled to cOtIIplete and full i1j-FOnIation from any doctor, "dent..is.t, .''teaeh-er, --p='-~!ess'icti.al or authority and to have copies of any reports given to either pa=y as a parent. 2. Primary physical custody of the minor childran shall be Wit.h the Mother, Jenelyu Shindle. 3 . During t.he school year Father, sha1.1 have partial custody of the millor children in accordance With the followi-!l.g schedule: a. Alternating weekends from Friday at. 6:00 p.m. to Sunday at 6:00 p.m. b. One evening per wea~ from 6~OO p.m. ~til the next morning when he retu=s the children to school and day care. C. At times mutually ag=eed upon by tb.e parties. 4,. The pare..'1t.s will alte=ate the following major holidays: . Memorial Day, Fourch of July, and Labor Day. 'T"n~ _u_ custodial period shall run from 9: a a a. m. to 9: a a p. m. :'ti s ' scnec-u.l~ W~11 bec~~ w~~~ ~othe= havi~c t~e childre~ en Laba= Day in - -- ~-- -....- ---... . - 1999. .. .. ' I!l t:he eve!!.:: that c3.t:her1 s hclida...r as ces:.gnacec .::e==~:: coincides ;.;ith Fathe!:"ls alte=::a.ting ~Neeke!ld ,.,e.,....~ ,.....,! ~ --'...I...... 0.: 'l""\"vs" ,..~, ~.:.. ::-......... -'--- custody, ., . 1 .' ,.. 0- t.n~ c_>"'~_~,::;:::en or=. ~acher sha.l...:.. s~mc_v reca:..n cU5_cdy .: ___ - - - Sunday evening until. 9: 00 on the day of the holiday, S. During the Easter holiday season! the parti:s shall equally sb.are in C:"Q East:er schoel br:a.< by alternati.ng tn=- - ~ . "j, following two periods of physical custody. (a) The period from 5:00 p.m. on the last day of school prior to the Easter holiday until 1:00 p.m. on the Saturday before Easter; and (b) The period fr=2;:OO"~:m:on..tb:e"Sat1.U:day before Easter until 9:00 p.m. on the last day of the Easter school vacation. The parties shall alternate these periods by Mother hav'.-ng ehe fi:::st peried for Easter 2000 and Father having the second period, alter.uating ehe periods in 2001, and so continue al.te...-rnating in future years. 6. During the 'I'hallksgiving holiday season, the parties shall equally share in the 'I'hallksgiving school brea.lc by alternating the following two periods of physical custody: (a) The period from 5:00 p.m. on the last day of school prior to the Thanksgiving holiday unti~ 1:00 p.m. on the Saturday immediately following Thanksgiving; (b) The period from 1:00 p.m. on the Saturday following Thanksgiy;.-ng until 9: 00 p.m. on the lase day of the Tn~nksgiving school vacation. The pareies shall alternaee these . periods by Father having the first period for Than.1csgiving 1999 and M ..... i-'f . ~ d"" od ",_, ~_-_-_rnating these o. er~ods for c.o...ne::- ..aving ene secon pe_':" ,_ _ 20001 aL~d so continue alternating in :ucure years. 7. Christmas 'Nill be divided into twO (2) segmel!ts. Segment 1("1,11 .... is from noon- December 24,th until noon December 25th at'..d Secme!lt. ~ I1BR is from noon December 25th until December 26th at 6:00 p.m. These seaments will alternate vea::- by year between the ~ . . parants and will begin with Mother having the children for Segment ,,",- ~ .' "An in ~999. The balance of the Christmas school ~-acation will be di~~ded equally between the parents. 8. Father shall have custody on Father's Day from 9:00 a.m. to 9:00 p.m. and Mother shall r~ve ~~stody on Mother'S Day commencing at 9:00 a.m. 9. The S1mmler school holiday will be ci:"~ded eqr''''' ly between the parents on a we~~ by wesk basis. Fac.her will have custody from 6:00 p.m. on the first Friday follo~~~g the end of the - , school year until 6:00 p,m. on the following Friday with mother having the children from that following Friday at 6:00 p_m. until the next Friday at 6:00 p.m. 10. The holiday schedule shall take precedence oyer the regular custody schedule. ~l. During any period of custody or visitation the parties to this order shall not possess or use any controlled substance, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to ~~Q extent possible, that other household members and/or house guests comply with this prohibition. . 12. Each parent shall be entitled to reasonable telephone contact we,.., tJ-,e clo~ Idren ,..hen they are i:: t::J.e cusc:ody of the othe= ;arent. 13 . Neiths;r ., . - ,.' parenc shall pe~~ently =s~ocate ~= ~ne relocations' 1'N'culd necessicat.,: a cha.."1ge :..n the "v~sicat:ion schedule or if the relocation would exceed a fifty (50) mile radius without a mi::imum notice of sixty (60) days to the other parent. The sixty (60) day notice is designed to afford the parents an onDortunity to ~ ~~ ~ '"~" ~ d;" renegotiate the custodial a=angements or to. have the matte!;' listed for a Cou-Tt hearing. 14. Eoth paren.ts shall refrain from tnaking derogatory co=ents about the other parent in che presence of the children and to the ext:ent possible shall prevent third"parti:es-from:1lIa..'\d::Igsuch c01Illl1ents i..n. the presence of the children. BY ~= COURT: 1.5/ C. j~pp", . I,;hnamp J. " II Ii i I. Ii I Ii [i ii I! ,I i! ii II I, Ii I I I' i. ,., "." ~",' P"W.- ~'" ", ~ ." -" c ......,'TNW SF)") 12 2: I ~ CUi,/, ( DdUTY PCi\J\'SVL//< JI/\ '""" .,.~ , _~. _,".,.",,' ,~_ "~~~~jqi!j.ll"'ilOO".[!}~~~~@Iil~lil\'<j!i!i!ilm~""~ . , , ,~~ - , , MARK R. SHINDLE, PlaintifflPetitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW JENELYN SHINDLE, : NO. 00-4753 CIVIL TERM DefendantlRespondent : IN CUSTODY CERTIFICATE OF SERVICE I, Bradley 1. Griffie, Esquire, hereby certify that I did, the 26th day of September, 2000, cause a true and attested copy of the Plaintiff's Petition for Modification of Custody to be served upon the following by first class mail, postage pre-paid: Judith A. Calkin, Esquire 2201 North Second Street Harrisburg, PA 17110 DATE: j Id.c. / 0 d 1. G . fie, Esquire orney for laintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, P A 17013 (717)243-5551 (800) 347-5552 .........."'.._'"'--"'"'-"...."',-"'~-,_... ,., .~~~ ,'~ Ii. . h_~.dilln~~'~ C) c -05;: r"NOJ '-;,!fr,' =-::t' 2-'c ClJJc; ;:S;~~" '_r-' ~- $e-'" -0 $~ 2:: ::< ,~ , 1Ml~- .,.. c...... ~."~ , o o C;) ,'"" <:l "" ...., o -'1 :,-;j h;~ jJ2 'uPi :Oy ,~~ (~il1 ~ J:J -<: ;]f "" " ,.> '"'' ": j t NOlf 3 0 ZOOt!) VI; . MARK R. SHINDLE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00-4753 JENEl YN SHINDLE, Defendant CIVIL ACTION - LAW CUSTODY ORDER OF COURT - AND NOW, this 10 day Of~, 2000, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. The present Custody Order of October 25, 1999, Docket No. 98-1013, from the 41st Judicial District of Perry County, shall remain in full force and effect pending further Order of this Court. Jurisdiction of this matter shall be with the Cumberland County Court of Common Pleas. 2. The parties shall submit themselves and their minor Children to an independent custody evaluation to be performed by the evaluator chosen upon agreement of counsel. This shall be an independent custody evaluation. The parties shall sign all necessary releases and authorizations for the evaluator to obtain medical and psychological information pertaining to the parties. The cost of this evaluation shall initially be paid by the Father, Mark R. Shindle, with the understanding that Mr. Shindle may file the appropriate petition to request the mother, Jenelyn Shindle, to pay all or a portion of those costs. 3. The hearing is scheduled in Courtroom No.), of the Cumberland County Courthouse, on the 15 day of April, 2P01, at ~'.'\:S o'clock 0.. .m., at which time testimony will be taken. for the purposes of the hearing, the Father, Mark R. Shindle, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or party pro se shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. 4. The parties shall complete the custody evaluation and have their report available no later than Tuesday, March 6, 2001. A Custody Conciliation Conference shall be reconvened at 11:00 a.m. on Tuesday, March 13,2001, at the office of Melissa Peel Greevy, Esquire, the Custody Conciliator, 214 Senate Avenue, Suite 105, Camp Hill, Pennsylvania. Whereupon the parties and their counsel will review the custody evaluator's report, to seek a resolution of this custody matter without the necessity of a hearing before the Court. In the event that the parties are not able to resolve this matter at the Custody Conciliation Conference, the matter shall move forward with the hearing scheduled for April , 2001. ~~n _ · "t No. 00-4753 BY THE COURT,_ ~ , J. Dis!: Bradley L. Griffie, Esquire, Griffie and Associates, 200 N. Hanover Street, Carlisle A 17013 Judith A. Calkin, Esquire, 2201 N. Second street, Harrisburg, PA 17110 LDp';. n 1'1 aJJ.. J.?-I-OO ~X5 FILED-OFFICE OF TilE:'SOTHONDTAHY 00 DEe .- I PI'! 2: 20 CUMI3EF(J\i'oJO CQUNiY PENNSYLVANIA i, I' Ii II ,I !I Iii !'1 1:1 Iii !:i 11 ':1 il I" Ii !!I i:1 · .f iii :j :~i ~..- ".~-~~''7''~"'"~.''~.''''''''''''' ''''_',~' J!f.i\~lji!in"'l~)!'mfflf~!,j~MI!l,_~ ~..,.,~,~~~,,~ t,nr '.._", - _G ,- " - -,,".' "'- .. MARK R. SHINDLE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-4753 vs. JENEL YN SHINDLE, Defendant CML ACTION - LAW CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH May 22, 1990 February 3, 1996 CURRENTLY IN CUSTODY OF Laura M. Shindle Kyle M. Shindle Mother Mother 2. A Conciliation Conference was held on November 21, 2000, with the following individuals in attendance: the Father, Mark: R. Shindle, and his counsel, Bradley L. Griffie, Esquire; the Mother, Jenelyn Shindle, and her counsel, Judith Calkin, Esquire. 3. Counsel met with the Custody Conciliator upon Father's Petition to Modify Custody wherein Father seeks primary custody of the minor Children because of increasing difficulties he sees in the relationship between the Mother and the Children. He is specifically concerned with regard to the amount of discord between Mother and the Daughter. He alleges that Mother frequently yells at the Children and has on recent occasions thrown things at them. Father reports that the Daughter has voiced her desire to live with Father. Father is concerned that whenever she voices the desire to live with him that she is punished by Mother. 4. Mother's position is that the Children are doing well despite a recent altercation between her fiance' and the Father. Mother alleges there has been verbal abuse by Father in the presence of the Children. 5. The parties reached no agreement to change primary physical custody of the Children from Mother to Father. Therefore, a hearing shall be scheduled in this matter following the completion of a custody evaluation. The parties have requested that the custody hearing not be scheduled until April 2001 to allow time for the completion of the custody evaluation and a Conciliation Conference which shall be held in March 2001 prior to the hearing date. In the event that the matter is not resolved at the March 2001 conciliation conference, the matter will proceed to hearing. Father is willing to pay for the custody evaluation with reservation of right to petition the Court for contribution to this expense by the Mother. ~' ,,' .... No. 00-4753 A proposed Order is attached to this Custody Conciliation Summary Report. Illy! ;{~ Date / ' Lf.~Bt,,~;,. Custody Conciliator < , ~.a~' ~,'"- j~, .' - ~ - ,?_,.,-'. H',,'" -,' "'~-:ii GRIFFIE & ASSOCIATES Attorneys and Counselors At Law Bradley L. Griffie, Esquire Marylou Matas, Esquire 200N_lIsoover_ CadIoIe, PA 17013 (71'7) 243-5551 1(880)347-5552 RobiD J. Goshorn Legal Assistant Reply to: CuIIsle April 12,2001 38 Nerfh MeIn_ Chambers""'" PA 17201 (71'7) 267-1350 Fo ('717) 243-5063 The Honorable Edgar B. Bayley 4th Floor, Judges' Chambers Cumberland County Courthouse Carlisle,PA 17013 RE: Shindle VS. Shindle No. 00-4753 Dear Judge Bayley: Your calendar will reflect that the above captioned matter is scheduled for a custody hearing on Wednesday, April 18, 2001. The parties have just completed a psychological evaluation with Dr. Arnold Shienvold, who has promised to fax a report to counsel on Monday, April 16, 2001. It is the position of both counsel that we should take time to review that report and determine how we wish to proceed before going forward with the hearing. Because of that, we jointly request that the hearing scheduled for the 18th be rescheduled to a later date. We are also in the process of rescheduling a Conciliation on this matter, which we anticipate will be scheduled at least a month from now and, therefore, if this matter is not rescheduled until June, that should be sufficient and acceptable to all concerned. Should I need to take any additional action, such as providing you with an Order in this matter, please advise me. BLG!ijg cc: Judith A Calkin, Esquire Mark R. Shindle VIA FACSIMILE & US MAIL , ~ - :0 ,- -, '~" ~,,~.:~ MARK R. SHINDLE, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JENEl YN SHINDLE, DEFENDANT 00-4753 CIVil TERM ORDER OF COURT AND NOW, this --.II L, day of April, 2001, upon agreement of counsel, the hearing now scheduled for Wednesday, April 18, 2001, is cancelled and rescheduled for Thursday, June 28,2001, at 8:45 a.m., in Courtroom Number 2. :saa {'~ oq -( g'-Q ( ({~ By the C~; /' / ( Edgar B. Bayley, J. Bradley L. Griffie, Esquire Judith A. Calkin, Esquire I I , i I i~ ~ "',~,~--, Ulil_. C': ,~ I P. :)~1 ~,j ,~, " U hll,: "1 r';n'J;,"~:'::'_" : ',,~'J,-.,._ >.1UI"....,,_,,1 ,,~_,-'I\1 ! : I ii :f__~.. \.f "j r- ~ I'. .. '-"..... \.) < ~ I I l' Cj"\II'\!")'''[\,I,-';;'II^ ' . ~ .~ I ~VI -\1 \I!/, "" , _0_ ~~~"r ~~ .0,"" J~ ,J'i'- ';; MARK R. SHINDLE PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 00-4753 CIVIL ACTION LAW JENEL YN SHINDLE DEFENDANT IN CUSTODY OJRDER OF COURT AND NOW, Monday, March 24, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Tnesday, April 15, 2003 at 9:00 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 defme 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. 1 The court hereby directs the parties to furnish auy and all existiug Protection from Abuse orders, Special Relief orders, aud Custody orders to the conciliator 48 hours prior to scheduled hearinl!;. FOR TIIE COURT, By: /s/ Melissa P. Greevy. 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 hows prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE 1HIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VB AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE 1HE 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 ;~ -~, ~ TI,_~""",.III"""",,, ,~ ." ~, .,,--~~~-~,_..~, " ,~ '''" "" - .'--~" 031t~J2J [::j') (!:?! CJi'v:::~::"~i ,;.)',,',;.) ;":;,,,;!,,,,I"jTY PENNSYLVI.~J)A 3';C:m -3 -Q2S< t!J..] -3 '.;}S 03 ~~~z4.~ ~~;pJ5~~ 6n~ :$~~~ .~ _" l-:-, llU!!ll !, ,.1111I" > I~ ~ . ~,,=,~~,~~~:W,'j\~l'riWll'~II!!!l!1ll~fflfflll'iil<ll~~~ ~ ,'0 v. IN THE COURT OF COMMON PLEAS OF .f CUMBERLAND COUNTY, PENNSYL V ANI~.. CIVIL ACTION - LAW ,R 1 3 1Q1J3 MARK R. SHINDLE, Plaintiff JENEL YN SHINDLE, Defendant NO. 00-4753 IN CUSTODY CIVIL TERM ORDER OF COURT AND NOW, this day of , 2003, upon consideration of the attached Petition, it is hereby directed that the parties and their respective counsel appear before _ . Esquire, the conciliator, at County, Pennsylvania, on the Cumberland day of , 2003, 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. BY 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 HA VB 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 2 Liberty Avenue CARLISLE, P A 17013 (717) 240-3166 , j , 1,,- ~,. MARK R. SHINDLE, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW JENEL YN SHINDLE, Defendant : NO. 00-4753 : IN CUSTODY CIVIL TERM PETITION FOR MODIFICATION OF CUSTODY AND NOW comes Petitioner, Mark R. Shindle, by and through is counsel of record, and the law firm of Griffie and Associates, and petitions the Court as follows: 1. Your Petitioner is Mark R. Shindle, the above named Plaintiff and an adult individual currently residing at 8732 Woods Road, Mercersburg, Franklin County, Pennsylvania. 2. Your Respondent is Jenelyn Shindle, the above named Defendant and an adult individual currently residing at 1840 East Chocolate Avenue, Hershey, Dauphin County, Pennsylvania. 3. The parties are the natural parents of two (2) children, namely, Laura M. Shindle, born May 22, 1990, and Kyle M. Shindle, born February 3, 1996. 4. The parties are subject to an Order of Court dated May 31, 2001, which is attached hereto and incorporated herein by reference as Exhibit "A." 5. Since the entry of the aforementioned Order, the parties' and the children's circumstances have changed. ~~ .~ ,--- ,,,". 6. Respondent has inflicted sFere and unnecessary corporal punishment on the children that has downgraded and belittled the children, which has been to their physical, mental and emotional detriment, and to which conduct Petitioner has repeatedly objected. 7. The parties' children have had and continue to have great difficulty in their school and educational work due to Respondent's failure to address those situations with the children and their respective schools. 8. Under Petitioner's primary custody the children would be afforded greater opportunities for extra involvement and extracurricular activities and social interaction with their peers. 9. For the above referenced reasons and for a variety of other reasons which will be evidenced to the Court, it is in the children's best interest and permanent welfare to be placed in Petitioner's primary physical custody. 10. The Court of Common Pleas of Cumberland County Pennsylvania had jurisdiction over the issue of custody when the prior Order was entered on May 31, 200 I. 11. Since that time, Respondent and the children have move to the Palmyra area, having moved in the summer of 2001, but it is believed that substantial contacts necessary to maintain jurisdiction in Cumberland County continue to exist particularly as _ _ d ~ ~--. - -'.',~,~ Respondent has only resided in the Palmyra, Dauphin County, Pennsylvania, area for a limited period of time. WHEREFORE, Petitioner requests your Honorable Court to enter an Order providing him with primary physical custody of the children. Respectfully submitted, r rif , Esquire ttorney for Plaintif.JlPetitioner GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, P A 17013 (717) 243-5551 (800) 347-5552 - ,;....- "":"'~ r" ~.;; - VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE:3//D )0:3 , ~ t2-.~ MARK R. SHINDLE, PlaintifflPetitioner ;:,~.~ - """-,-L' MARK R. SHINDLE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00-4753 JENEL YN SHINDLE, Defendant CIVIL ACTION - LAW CUSTODY AND NOW, this .31 day of attached Custody Conciliation Summary Repo , 2001, upon consideration of the it is hereby ordered and directed as follows: 1, Legal Custody. The parties, Mark . Shindle and Jenelyn Shindle, shall have shared legal custody of the minor Children, Laura M. Shindle, born May 22,1990, and Kyle M. Shindle, born February 3, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-beiNg including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa. C. S. S 5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Neither party shall impair the other party's rights as to the shared legal custody of the Children. Neither party shall atlemptto alienate the affections of the Children from the other party. Each party shall notify the other of any activity or circumstance concerning the Children that could reasonably be expected to be of concern to the other. 2. Physical Custody. During the school year, primary physical custody of the minor Children shall be with the Mother. 3. During the school year, Father shall have partial physical custody of the minor Children in accordance with the following schedule: A. Alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m. B. At times mutually agreed upon by the parties. 4. Summer. To commence with the first Friday after school is out, the parties shall share the summer school break with the Mother taking one week followed by Father having two weeks. Through the summer, the parties shall alternate on a one week with Mother and two weeks with Father basis. The custodial periods shall run from Friday to Friday. The exchange time shall be 6:00 p.m. Mother's first custodial week of the summer shall begin on June 8, 2001. Father's first two custodial weeks of the summer shall begin on June 15, 2001. Exhibit A "'If" No. 00-4753 5. The parents will alternate the following major holidays: Memorial Day, Independence Day and Labor Day. The custodial periods shall run from 9:00 a.m. until 9:00 p.m. In the event that Father's holiday as designated herein coincides with Father's alternating weekend period of physical custody, Father shall simply retain custody of the Children on Sunday evening until 9:00 p.m. on the day of the holiday. 6. Easter. During the Easter season the parties shall equally share in the Easter school break by alternating the following two periods of physical custody: A. The period from 5:00 p.m. on the last day of school prior to the Easter holiday until 1 :00 p.m. on the Saturday before Easter. B. The period from 1:00 p.m. on the Saturday before Easter until 9:00 p.m. on the last day of Easter school vacation. The parties shall alternate these periods by the Mother having the first period and Father having the second period in even-numbered years and the Father having the first period and Mother having the second period in odd-numbered years. 7. Thanksaiving. Thanksgiving shall be shared by alternating the following two periods of custody: A. From 5:00 p.m. on the last day of school prior to the Thanksgiving holiday unti/1 :00 p.m. on the Saturday immediately following Thanksgiving. B. From 1 :00 p.m. on the Saturday following Thanksgiving until 9:00 p.m. on the last day of the Thanksgiving school vacation period. The parties shall alternate these periods by Father having the first period and Mother having the second period in even-numbered years and the Mother having the first period and Father having the second period in odd-numbered years. 8. Christmas. Christmas shall be divided into two segments: Segment A is from December 24th at Noon until December 25th at Noon, Segment B is from December 25th at Noon until December 26th at 6:00 p.m. These segments will alternate year by year between the parties and will begin with Mother having Segment A and Father having Segment B in odd- numbered years. In even-numbered years, Father will have Segment A and Mother will have Segment B. The balance of the Christmas school vacation will be divided equally between the parties. 9. Mother's Day/Father's Day. Father shall have custody on Father's Day from 9:00 a.m. until 9:00 p.m. and Mother shall have custody on Mother's Day commencing at 9:00 a.m. 10. The holiday schedule shall take precedence over the regular custody schedule. - ~-';". . ". l~; No. 00-4753 11. During any period of custody or visitation the parties to this Order shall not possess or use any controlled substance, neither shall they consume alcohol beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or household guests shall comply with this prohibition. 12. Each parent shall be entitled to reasonable telephone contact with the Children when they are in the custody of the other parent. Neither party shall impede telephone contact between the Children and the non-custodial parent. 13. Neither party shall permanently relocate if the relocation would necessitate a change in the visitation schedule or if the relocation would exceed a fifty-mile radius without a minimum notice of sixty (60) days to the other parent. These sixty (60) days notice is designed to afford the parent an opportunity to renegotiate the custodial arrangement or to have the matter listed for a Court hearing. ,"": 14. Transportation. While the parties are following the summer schedule, the parties shall share transportation by meeting at the State Police Barracks off of the Plainfield Exit of Route 81. During the school year, Father shall provide transportation so long as the Mother continues to reside in Enola. In the event that Mother would relocate with the Children at a distance from Father that is greater than that presently exists (between Shippensburg and Enola), the parties shall share transportation and the custodial exchange point shall be at the K-Mart on Route 11 North at the Summerdale Plaza. 15. In as much as the parties have resolved their custody dispute at the Custody Conciliation Conference, the hearing in this matter previously scheduled for June 28, 2001, is hereby canceled. BY THE COURT, I{!,f !v,~r# &!! Dis!: Bradley L. Griffie. Esquire, 200 N. Hanover Street, Carlisle, PA 17013 Judith A. Calkin. squire, 2201 N. Second Street. Harrisburg, PA17110 RECORD ,:,ni; set my hand In hST:.' :' , ..' '-"n .' ' Carlisle, paw., ' " and t seal 0; ..j' -" \'\ .0 ' I d 1"hV....,. a ....w.. l' ......... ....... y .< ...~~~;V '....'" il:t.lJil;i;lMii;l!o" """'~~, "'o:Il~\IIill~~" " ~'\Iii!!M_~tll!t-t "Ii."" if T'.r~- '....'.0..." _~~.-i.., ~"""''''''"'''II!Ji-'~' ') (J ~ 0 ~:; 0 ~ Ii C .,;'\ -;2"- -rr.: l) ""0\3::. ,'>"' ::~:j . rnn o'~ .--;~, , Z:X\ ~ 0 ~j~~. .....~ 0 t'J (,.> ~C.; ''':J ~ ~ -U ~C-.. ..- ~,- 5>"-' p: c::-, ~ Z ''0 J ~ -J c=~~ iIIilIti.'(,_ Ii I: . " . ~ 0_ ,",,',__o~",,- ,~_O ;..0,__. ~'.' _'~'""""-'A_'../"-'O__'~~ _,~ '.....:,~, MARK R. SHINDLE, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JENEl YN SHINDLE, DEFENDANT 00-4753 CIVil TERM ORDER OF COURT AND NOW, this 14th day of August, 2003, the petition of the father, Mark R. Shindle, to change the current custodial arrangement with the mother, Jenelyn Shindle, with regard to their two children laura M. Shindle, born May 22, 1990 and Kyle Shindle, born February 3,1996, IS DENIED. IT IS ORDERED, however, that: (1) The mother shall have Kyle evaluated through school or otherwise for the possibility of attention deficiUoveractive disorder and/or a learning disability. (2) The mother shall have both children continue in individual counseling. (3) The mother and father shall participate in co-parenting counseling with the cost divided between them. ""radley L. Griffie, Esquire For Plaintiff )1 ~arl R. Hildabrand, Esquire For Defendant :sal L~ f1 RXs 0<8'/5 -03 / " iM,\r~ -""'~ ,'~ CUM,;,_ 'PEjV^;SYt~;t;~J~i,;filY lie, l',} E{/r; ""O'1~"'''~" ~_~,,"-oH',,- ,. ('" ii- ---: ~,~,,- ~, I c- ~ ti: 1'-;',',: s) '. ~ 1!lII_~= _,,~_ ~-,~?~ItPlll~I~~\~k .~~~ '^"^= ~- : - - ~', ,. -",- MARK R. SHINDLE, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. JENEL YN SHINDLE, DEFENDANT : 00-4753 CIVIL TERM ORDER OF COURT AND NOW, this 3rd day of December, 2003, Plaintiff's Exhibit No.5, the child's scrapbook, may be returned to her. Edgar B. Bayley, J. . vSradley L. Griffie, Esquire F or Plaintiff :sal ~ 7 t fl\o ~L..rl ~ 1:1.. ~DY -()3 vKarl R. Hildabrand, Esquire For Defendant , _.lI_~ " ~ '~ - '>' '0 _. >",_ ~, f\\.f.WHCt 0\; \\"\t. PPOTrl.o\,\O\p.f\'I 03otC-3 ~t\ 4: \ \ (J~Eii\.J\t~D GO\JN1'I PENNS'{\..\Jp.N\/>. -~,~ --~~~ ~-~, """","'~~ ,~W,-'ll!\!M~~ ~~-~~~ . r~ . - ~.~.- '''';.;",~, - " :.;t..'\ . MARK R. SHINDLE PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. 00-4753 CIVIL ACTION LAW JENEL YN SHINDLE DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, March 30, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at DJ Manlove's, 1901 State St., Camp Hill, PA 17011 on Friday, May 06, 2005 at 1:00 PM 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: Isl Melissa P. Greevv. Esq. Custody Conciliator :>J./ The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infonnation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT 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 " c" FllED-DfFlCE OF THE PROTHONOTARY 2005 MAR 30 PIT I 4: 05 ~~ ~ ('U" 1"-' '..' -"I 'I "n. I f\~,t);,:.: ;1,_/~'.:\jU i..,.,UU \J I ( P""'I'I,"Vl'V"'I' . chl\J,) t L /'\bd,t\ 33ZJ-a) f!u;I- ~<~-;? ~ ~~ 330"45 71~ ~ ~ dj ~ 3'Jo'Q5 i~ ~ t; a/J. -~c; , .... ~ ~......t , "~.~ ". ~!l:~m!W~~Uilll!,!!iPJ9I:~" ~ ",~,"-r,.~", ~"",,,,!fifllI~~Il\lIl$t-l!i~,~'Wl'W~'T,",,"'Y~;'''''?;,~-;;;',!,''i{:''<'"~(-''),H""nr;"'"""''''ll'OtI;:li'i;;<I~"'''ii''1",,,,,?,,;,,,,,';''-I~,, ~'-1 -', ~, ,- ",,'" ' ~,"' ""~" - . -, '--4<' """ ." ,~"" ~" ,:.(. , ~' o. (Y1 MAR 2 8 2005pr' MARK R. SHINDLE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW JENEL YN SHINDLE, Defendant : NO. 00-4753 : IN CUSTODY CIVIL TERM ORDER OF COURT AND NOW, tbis day of , 2005, upon consideration of tbe attached Petition, it is hereby directed that the parties and tbeir respective counsel appear before . ESQuire, tbe conciliator, at Cumberland County, Pennsylvania, on tbe day of ,2005, at o'clock _.m., for a Pre-Hearing Custody Conference. At such conference an effort will be made to resolve tbe issues in dispute, or if this cannot be accomplished, to define and narrow tbe 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 tbe conference. Failure to appear at tbe conference may provide grounds for entry of a temporary or permanent Order. BY THE COURT: By: Custody Conciliator The Court of Common Pleas of Cumber/and County is required by law to comply with the Americans witb Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before tbe Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before tbe Court. You must attend tbe scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR 1J;LEPHONE THE OFFICE SET FORTH ijELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue CARLISLE,PA 17013 (717) 240-3166 -- ~' "J'"" . "'. , _._. <.".._ ~"- '-__<,""="'- ,'"ff^,'. ..",~-,,, '. '. MARK R. SHINDLE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLV ANlA v. : CNIL ACTION - LAW JENEL YN SHINDLE, Defendant : NO. 00-4753 : IN CUSTODY CIVIL TERM PETITION FOR MODIFICATION OF CUSTODY AND NOW comes Petitioner, Mark R. Shindle, by and through is counsel of record, and the law firm of Griffie and Associates, and petitions the Court as follows: 1. Your Petitioner is Mark R. Shindle, the above named Plaintiff and an adult individual currently residing at 8732 Woods Road, Mercersburg, Franklin Co~ty, Pennsylvania. 2. Your Respondent is Jenelyn Shindle, the above named Defendant and an adult individual whose current residence is unknown to Petitioner other than as a "shelter in Carlisle, Pennsylvania". 3. The parties are the natural parents of two (2) children, namely, Laura M. Shindle, born May 22, 1990, and Kyle M. Shindle, born February 3, 1996. 4. The parties are subject to an Order of Court dated May 31, 2001, which is attached hereto and incorporated herein by reference as Exhibit "A", relative to the custody arrangements for the children. 5. The parties are also subject to a modification Order dated August 15,2003, which is attached hereto and incorporated herein by reference as Exhibit "B". -, 'Co <,'",.._.,,,,..,,<-__', '. " . 6. Since the entry of the prior Orders in this matter, there has been dramatic changes in the parties' circumstances, which necessitate a change in the custody arrangements. 7, Respondent and her paramour have continued to reside with the parties' children in Hershey, Dauphin County, Pennsylvania, from the entry of the last Order until approximately February 11,2005. 8. Since February 11, 2005, Respondent and children have resided at an unknown residence for approximately one week, back to the paramour's residence in Hershey for approximately three weeks, and now in a shelter in Carlisle, Cumber/and County, Pennsylvania. 9. Respondent has continued to reside in Mercersburg, Franklin County, Pennsylvania. 10. Because of the various circumstances that are set forth in Petitioner's Petition for Special Relief, which is attached hereto and incorporated herein by reference as Exhibit "C", the current Custody Order should be modified to provide Petitioner with primary physical custody of the parties' children. 11. The Court of Common Pleas of Cumber/and County Pennsylvania had jurisdiction over the issue of custody when the prior Orders were entered. 12. Petitioner does not know of any person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. '. " . WHEREFORE, Petitioner requests your Honorable Court to enter an Order providing him with primary physical custody of the children. Ie, squire or Pia' tif.flPetitioner GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, P A 17013 (717) 243-5551 (800) 347-5552 . ,-., ,--,~ ~'~'-' ~' - " VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: odin /2.005 f ( ~ lL .)LgIL.. MARK R. SHINDLE ,b.~"-""~'''~'__ -. ~ __J ~ " JU - -' ~ o."~"'l~ '. . MARK R. SHINDLE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLV ANlA vs. : NO. 00-4753 JENEL YN SHINDLE, Defendant : CIVIL ACTION - LAW : IN CUSTODY CERTDnCATEOFSERVICE I, Bradley 1. Griffie, Esquire, do certify that I served the Defendant's attorney of record with the within Petition for Modification of Custody by facsimile and first class mail, postage prepaid, to the following addresses: Karl R. Hildabrand, Esquire 840 East Chocolate Avenue Hershey,PA 17033 DATE:2J;))) <.\S - ri_"'''''~ '. MARK R. SHINDLE , Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00-4753 JENEL YN SHINDLE , Defendant CIVIL ACT/ON - LAW CUSTODY AND NOW, this 31 day of -. attached Custody Conciliation Summary Repo , 2001, upon consideration of the it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Mark . Shindle and Jenelyn Shindle, shall have shared legal custody ofthe minor Children, laura M. Shindle, born May 22, 1990, and Kyle M. Shindle, born February 3, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa. C. S. S 5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Neither party shall impair the other party's rights as to the shared /egal custody of the Children. Neither party shall attempt to alienate the affections of the Children from the other party. Each party shall notify the other of any activity or circumstance concerning the Children that could reasonably be expected to be of concern to the other. 2. Physical Custodv. During the school year, primary physical custody of the minor Children shall be with the Mother. 3. During the school year, Father shall have partial physical custody of the minor Children in accordance with the following schedule: A. Alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m. B. At times mutually agreed upon by the parties. 4. Summer. To commence with the first Friday after school is out, the parties shall share the summer school break with the Mother taking one week followed by Father having two weeks. Through the summer, the parties shall alternate on a one week with Mother and two weeks with Father basis. The custodial periods shall run from Friday to Friday. The exchange time shall be 6:00 p.m. Mother's first custodial week of the summer shall begin on June 8, 2001. Father's first two custodial weeks ofthe summer shall begin on June 15, 2001. EXHIBIT A ~ i _J,_ ,,,,,," - .~ ~ '. " MARK R. SHINDLE, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JENEL YN SHINDLE, DEFENDANT 00-4753 CIVIL TERM ORDER OF COURT AND NOW, this 14th day of August, 2003, the petition of the father, Mark R. Shindle, to change the current custodial arrangement with the mother, Jenelyn Shindle, with regard to their two children Laura M. Shindle, born May 22, 1990 and Kyle Shindle, born February 3,1996, IS DENIED. IT IS ORDERED, however, that: (1) The mother shall have Kyle evaluated through school or otherwise for the possibility of attention deficiUoveractive disorder and/or a learning disability. (2) The mother shall have both children continue in individual counseling. (3) The mother and father shall participate in co-parenting counseling with the cost divided between them. .4'radley L. Griffie, Esquire For Plaintiff :;- ~arl R. Hildabrand, Esquire For Defendant / :sal ~ R){s 0<8- /5-03 EXHIBIT 10 'I"~!I'.' ,"y,,'. I. "..)t.:. '".. . .~, "i ,.' ." ,- ,."..... , II,",),..,} fn r ~)SH~n~.!n~ ' (;'~ tKtl~ ;J1~ ~xre ~~8J t' , . v ,.,,~;. Pa. iJ.~;;:'n7~~ .~ " '. MARK R. SHINDLE, PlaintifflPetitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 00-4753 JENEL YN SHINDLE, Defendant/Respondent CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND RULE TO SHOW CAUSE AND NOW this day of presentation and consideration of the within Petition, DECREED that: , 2005, upon it is hereby ORDERED and 1. A Rule is hereby issued upon tbe Respondent, Jenelyn Shindle, to show cause, if any she has, as to why Petitioner, Mark R. Shindle, is not entitled to tbe relief requested; 2. Respondent shall file an Answer to Petition within twenty (20) days of service upon tbe Petitioner; 3. The Petition shall be decided under Pa.R.C.P. No. 206.7; 4. Depositions shall be completed within Petitioner of tbe answer to the petition. days of tbe service upon 5. Hearing/Argument shall be held on , the day of ,2005, at .m. in Courtroom #_ oftbe Franklin County Courthouse, Chambersburg, Pennsylvania, 6. If Items 4 and 5 above are left blank. deposition and/or argument will be considered upon the request of anv partv. 7. Notice of entry of this Order shall be provided to all parties by Petitioner. 8. Pending further Order of Court or agreement of the parties, primary physical custody of tbe child shall rest witb Petitioner, Mark R. Shindle. BY THE COURT, 1. cc: Bradley 1. Griffie, Esquire Attorney for Plainti.fJlPetitioner Karl R. Hildabrand, Esquire Attorney for Defendant/Respondent EXHIBIT G I , - " '. . MARK R. SHINDLE, Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 00-4753 JENEL YN SHINDLE, Defendant/Respondent : CIVIL ACTION - LAW : IN CUSTODY PETITION FOR SPECIAL RELIEF AND NOW, cornes Petitioner, Mark R. Shindle, by and through his counsel of record, Bradley 1. Griffie, Esquire and the law firm of Griffie & Associates, and petitions the Court as follows: I. Your Petitioner is Mark R. Shindle, the above named Plaintiff, and an adult individual currently residing at 8732 Woods Road, Mercersburg, Franklin County, Pennsylvania. 2. Your Respondent is Jenelyn Shindle, the above named Defendant, and an adult individual whose current residence is unknown, but is understood to be either at a shelter in Carlisle, Cumberland County, Pennsylvania, or at a residence in a location on the West Shore area of Cumberland County, Pennsylvania. 3. The parties are the natural parents of two children, namely, Laura M. Shindle, born May 22,1990, and Kyle M. Shindle, born February 3,1996. 4. The parties are subject to an Order of Court dated May 31, 2001, which is attached hereto and incorporated herein by reference as Exhibit" A", relative to the terms of custody with respect to their children. 5. The parties are also subject to an Order of Court dated August 15,2003, which was entered by the Court following a hearing modifying the prior Order of May . - .,,',;;"~, -~ 31, 2001, a copy of which is attached hereto and incorporated herein by reference as Exhibit "B". 6. Since the entry of the prior Orders, there have been substantial changes in circumstances that require immediate Court intervention. 7. For an extended period of time, Respondent has been residing with her paramour in a tumultuous and confrontational relationship. 8. Recently, on or about February 20, 2005, Petitioner was contacted by Respondent's paramour at approximately 3:00 a.m. on Sunday morning, at which time Petitioner was advised by Respondent's paramour of the following: (a) Respondent returned home after being out Saturday night until approximately 3:00 a.m. Sunday morning; (b) Respondent became physically violent toward paramour; (c) Because of the physical violence of Respondent against her paramour, the paramour telephoned the local police department; (d) After discussions with the local police department, Respondent was requested to vacate her paramour's home, which she did. 9. During the episode described above, the children were in the custody of Petitioner. 10. Due to the fact that Respondent no longer had a residence, Petitioner kept the children for Monday, February 21, and kept the parties' child, Kyle, for Tuesday, February 22. II. Due to the constant conflicts within Respondent's home, the circumstances of her not having a home at the time, as well as other reasons, Respondent - "' , ,"- " ' discussed with Petitioner, Petitioner retaining primary physical custody of the children. 12. At Respondent's request, Petitioner met with Respondent at the Pennsylvania State Police Barracks parking lot, where Petitioner sat with Respondent in her car and discussed these matters for in excess of one hour. 13. While Respondent's version of the facts relative to the confrontation between her and her paramour in the early morning hours of Sunday, February 20, 2005, differed, Respondent confirmed that she did not have a place to stay at that time, and was considering agreeing to Petitioner retaining physical custody of the children. 14, By the following week, Respondent was residing back in her paramour's home with her children, as well as the two young children she has to her paramour. 15. Despite the tremendous turmoil this created for the children, Petitioner did not initiate Court action to secure custody of the children, but allowed Respondent to resolve the situation. 16. From that time forward, further confrontations ensued between Respondent and her paramour, which created great fear, concern and stress in the children. 17. On or about March 11,2005, Respondent again contacted Petitioner and advised Petitioner that Respondent was moving from her paramour's residence and she and the children were going to be residing in some type of shelter in Carlisle, Cumberland County, Pennsylvania. ~ . ~ "'-' -.--..'. '. .. .. '. . 18. Respondent advised Petitioner that she signed the necessary documents to transfer the parties' son, Kyle's, school records from his school in Hershey, Pennsylvania, on Friday, March 18,2005. 19. Due to Respondent transferring the child's records, Petitioner has registered Kyle in the Tuscarora School District in Mercersburg, Pennsylvania, where the parties' child, Kyle, continues to reside with Petitioner and attend school. 20. Respondent advised Petitioner that she was signing the necessary documents to transfer the parties' daughter, Laura's, school records from Hershey High School, where the parties' daughter, Laura was attending 9th grade. 21. Counselors at the children's school have advised Petitioner that Respondent has notified them of her intention to transfer the children from the Hershey School District to the Mercersburg School District, although not all documentation has been completed as of the time of filing of this Petition. 22. Counselors and other representatives at the children's prior schools in the Hershey School District confirmed that Respondent advised them that she was transferring custody of the children to Petitioner and he would have their school records transferred. 23. In discussions with Petitioner, Respondent has suggested that she would I consider allowing her children to remain in the home with her paramour so that they could continue attending school in Hershey, even though she has alleged that her paramour is violent, aggressive and an alcoholic. 0'" . JIti( -" ~> ;" 24. Due to the confrontations within Respondent's home and the poor living arrangements in which the children have been residing for well over a year, the children's grades and other aspects oftheir education have suffered. 25. Although the parties followed through on securing an evaluation of the parties' child, Kyle, as required by the Court's Order of August 13, 2003, once the child was placed on medications due to ADHD and related issues, Respondent, without medical approval, terminated the child's use ofthe medications. 26. The child, Kyle, is suffering extensively due to Respondent's refusal to provide him with the medication prescribed for several months. 27. Despite Respondent's conduct in this regard and the detriment to his son, he did not seek Court intervention to secure custody of the children. 28. Arrangements were in the process of being made by the Petitioner, who lives in Mercersburg, to have the school district in Hershey provide the medications directly to the child during school hours pursuant to doctor's direction. 29. Respondent has had severely limited contact with the school and Petitioner has been the primary responsible parent with respect to attending to the children's educational needs, including attending parent/teacher conferences, discussing issues relative to the children's education with teachers by email, telephone and in person, and otherwise attending to the educational needs of the children. 30. Despite the discussions and agreement between the parties to transfer custody, Petitioner was to return the children to Respondent on Sunday evening, March 20, 2005, pursuant to the present Court Order and attempted to do so in the parking lot ofMcDonalds restaurant on High Street in Carlisle, Pennsylvania. '. ~, - ~~~, " . 31. On Sunday evening, March 20, 2005, Respondent advised Petitioner that he was to keep the parties' child, Kyle, because his school records were already being transferred, but that Laura was to come with Respondent. 32. An argument ensued between Respondent and Laura, who is nearly 15 years old, relative to the Respondent's living accommodations and Laura's desire to remain in Petitioner's custody. 33. Both children were extremely distraught, crying, upset and stressed over the circumstances and the confrontation with Respondent. 34. Respondent left the parking lot without taking the children and without giving any other indication to Petitioner as to her intentions. 35. The children have missed several days of school over the past month and one- half due to Respondent's confrontations with her paramour, her moves in and out ofparamour's home, and her apparent inability to fmalize matters associated with transferring the children's school records to Mercersburg school district. 36. When Respondent was residing with her paramour, while her paramour worked at night, Respondent would often leave the home to socialize with friends, leaving the parties' 9 year old son, Kyle, and Respondent's two year old and four year old children to her paramour, with the parties' daughter to see to all of their needs. 37. As of the time of filing of this Petition for Special Relief, Petitioner has not been able to finalize the transfer of Laura's school records to Mercersburg school district due to not having an Order of Court providing Petitioner with primary . . ~~ - j 11,; "'" " . physical custody of the children, although the school district accepted Kyle's transfer. 38. Contemporaneously with filing this Petition for emergency relief, Petitioner is filing a Petition for Modification of Custody, which will cause a Conciliation Conference to be scheduled in this matter. 39. Counsel for Petitioner was contacted by Karl R. Hildabrand, Esquire as this Petition was being prepared to advise counsel for Petitioner that Mr. Hildabrand will be representing Respondent in this matter. 40. Attorney Hildabrand has advised counsel for Petitioner that Respondent will now agree for Laura to remain in Respondent's custody but wishes to have Kyle returned to her. 41. Attorney Hildabrand has advised counsel for Petitioner that Respondent is securing a residence in a West Shore Cumberland County community of New Cumberland or Lemoyne. 42. Due to Petitioner's circumstances, and the tumultuous situation in which the children have been residing for an extended period of time, as well as the prior commitment of Respondent to transfer custody to Petitioner, an emergency Order is necessary. 43. It is not in the children's best interest to split custody of the children as desired by Respondent. 44. At this time, Laura is unable to attend school due to Respondent's issues as described above. Ji , " ~"~,-;; ~t,i " ". 45. Prior to filing this Petition, counsel for Petitioner confirmed with counsel for Respondent that Respondent will not agree to this request and a copy of this Petition and the companion Petition for Special Relief was faxed to Attorney Hildabrand with confirmation of when this Petition would be filed so that opposing counsel could be available at least by telephone at the time of filing. WHEREFORE, Petitioner requests your Honorable Court to enter an emergency Order providing him with primary physical custody pending further proceedings in this matter. Respectfully submitted, lffie, Esquire / , i?O . Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 " '; ~" '. VERIFICATION I verifY that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: oil /).L/1...05- 040/, /..,.;(" ) / - '" .- /~?~i.'f,...v'.{\r /" , ./bl-~ MARK R. SHINDLE - ." ~~ ~l~ . . . - " -. . MARK R. SHINDLE, Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 00-4753 JENEL YN SHINDLE, Defendant/Respondent : CNIL ACTION - LAW : IN CUSTODY CERTIFICATE OF SERVICE I, Bradley L. Griffie, Esquire, do certify that I served the Defendant's attorney of record with the within Petition for Special Relief by facsimile and first class mail, postage prepaid, to the following addresses: DATE: -Ji).. '>)6(' I Karl R. Hildabrand, Esquire 840 East Chocolate Avenue Hersd. l_:~ .>/:,/>~ /;:> ~: . E.Griffie, Esquire ?;:;> ..~O . Hanover Street ~lisle, PA 17013 (717) 243-5551 (800) 347-5552 ... ~"IiI,~.1--< 'lIfi!fd"",:"y,':0,r,*llf'l?j\i!!!i"~;M1illlOj,'i!,;~:r~~~I"ii~i1>."-~AA~-ra;i,,,,,~~ 'lM;I!!1~imJl!i1iii ~ w ~~ -':-"'~> ~~~. =1t a -- ~ g~ '-.J ,~~.. a-::'~~ , ~ .<", ,-~ "-- ",- :III' ~ . ~:~'ilI""-1II ~ - (') be <" ;f~:D ~ -..:--'!" ',I .....u.. ~;:( -+f--- (._,,2-" ~~c':; . '" ",,,,~, ~ 5":() ~ ~ ~-< -"'.....- N> = = en ~ :r fll:!J -oFt; e5? =-5,0 - -tj (:!J ?~() om -j :'15 -< ::r >- :::0 N W " 3 '.t.' .s:- N ~""lIIIilliilii:-c A . ",-,''',.- -".,',- , " '&"':<1'" - . . MARK R. SHINDLE, PLAINTIFF V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA JENEL YN SHINDLE, DEFENDANT 00-4753 CIVIL TERM AND NOW, this ORDER OF COURT "2-rvf1 day of March, 2005, upon receipt of the within petition for special relief, IT IS ORDERED: (1) A hearing seeking an order of special relief pending conciliation shall be conducted in Courtroom Number 2, Cumberland County Courthouse, at 9:00 a.m., Wednesday, March 30, 2005. (2) Pending that hearing Laura M. Shindle, born May 22, 1990 and Kyle M. Shindle, born February 3, 1996, shall remain with their father, Mark R. Shindle. By the,Court, /~ ,/ /// / // // ~dley L. Griffie, Esquire tto-nded to For Plaintiff ~ R. Hildebrand, Esquire _ "'^. ,,' '~ J For Defendant I' ~ :sal .~ 6 3~d3-Q5 '0" 2IIIIiliUlr .~. -r i7'T- ~ ;_M - i' "l:i! ~ . ~~ "~"~' rlrlllllltJ ~ '"":'";j' " MARK R. SHINDLE, Plaintiff/Petitioner vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-4753 JENEL YN SHINDLE, Defendant/Respondent : CNIL ACTION - LAW : IN CUSTODY PETITION FOR SPECIAL RELIEF AND NOW, comes Petitioner, Mark R. Shindle, by and through his counsel of record, Bradley L. Griffie, Esquire and the law firm of Griffie & Associates, and petitions the Court as follows: 1. Your Petitioner is Mark R. Shindle, the above named Plaintiff, and an adult individual currently residing at 8732 Woods Road, Mercersburg, Franklin County, Pennsylvania. 2. Your Respondent is Jenelyn Shindle, the above named Defendant, and an adult individual whose current residence is unknown, but is understood to be either at a shelter in Carlisle, Cumberland County, Pennsylvania, or at a residence in a location on the West Shore area of Cumberland County, Pennsylvania. 3. The parties are the natural parents of two children, namely, Laura M. Shindle, born May 22,1990, and Kyle M. Shindle, born February 3,1996. 4. The parties are subject to an Order of Court dated May 31, 2001, which is attached hereto and incorporated herein by reference as Exhibit "A", relative to the terms of custody with respect to their children. 5. The parties are also subject to an Order of Court dated August 15,2003, which was entered by the Court following a hearing modifYing the prior Order of May ~~''"-.....,~ - ~. ~ ~~' - ~lliilf"""""< .. -. ~.,. . -< ~' - "1-' 31, 2001, a copy of which is attached hereto and incorporated herein by reference as Exhibit "B". 6. Since the entry of the prior Orders, there have been substantial changes in circumstances that require immediate Court intervention. 7. For an extended period of time, Respondent has been residing with her paramour in a tumultuous and confrontational relationship. 8. Recently, on or about February 20, 2005, Petitioner was contacted by Respondent's paramour at approximately 3:00 a.m. on Sunday morning, at which time Petitioner was advised by Respondent's paramour of the following: (a) Respondent returned home after being out Saturday night until approximately 3:00 a.m. Sunday morning; (b) Respondent became physically violent toward paramour; (c) Because of the physical violence of Respondent against her paramour, the paramour telephoned the local police department; (d) After discussions with the local police department, Respondent was requested to vacate her paramour's home, which she did. 9. During the episode described above, the children were in the custody of Petitioner. 10. Due to the fact that Respondent no longer had a residence, Petitioner kept the children for Monday, February 21, and kept the parties' child, Kyle, for Tuesday, February 22. 11. Due to the constant conflicts within Respondent's home, the circumstances of her not having a home at the time, as well as other reasons, Respondent ,,-..- ~~- - - ~~ii.L;i., ~'! discussed with Petitioner, Petitioner retaining primary physical custody of the children. 12. At Respondent's request, Petitioner met with Respondent at the Pennsylvania State Police Barracks parking lot, where Petitioner sat with Respondent in her car and discussed these matters for in excess of one hour. 13. While Respondent's version of the facts relative to the confrontation between her and her paramour in the early morning hours of Sunday, February 20, 2005, differed, Respondent confirmed that she did not have a place to stay at that time, and was considering agreeing to Petitioner retaining physical custody of the children. 14. By the following week, Respondent was residing back in her paramour's home with her children, as well as the two young children she has to her paramour. 15. Despite the tremendous turmoil this created for the children, Petitioner did not initiate Court action to secure custody of the children, but allowed Respondent to resolve the situation. 16. From that time forward, further confrontations ensued between Respondent and her paramour, which created great fear, concern and stress in the children. 17. On or about March 11, 2005, Respondent again contacted Petitioner and advised Petitioner that Respondent was moving from her paramour's residence and she and the children were going to be residing in some type of shelter in Carlisle, Cumberland County, Pennsylvania. - ",-, 18. Respondent advised Petitioner that she signed the necessary documents to transfer the parties' son, Kyle's, school records from his school in Hershey, Pennsylvania, on Friday, March 18,2005. 19. Due to Respondent transferring the child's records, Petitioner has registered Kyle in the Tuscarora School District in Mercersburg, Pennsylvania, where the parties' child, Kyle, continues to reside with Petitioner and attend school. 20. Respondent advised Petitioner that she was signing the necessary documents to transfer the parties' daughter, Laura's, school records from Hershey High School, where the parties' daughter, Laura was attending 9th grade. 21. Counselors at the children's school have advised Petitioner that Respondent has notified them of her intention to transfer the children from the Hershey School District to the Mercersburg School District, although not all documentation has been completed as of the time of filing of this Petition. 22. Counselors and other representatives at the children's prior schools in the Hershey School District confirmed that Respondent advised them that she was transferring custody of the children to Petitioner and he would have their school records transferred. 23. In discussions with Petitioner, Respondent has suggested that she would consider allowing her children to remain in the home with her paramour so that they could continue attending school in Hershey, even though she has alleged that her paramour is violent, aggressive and an alcoholic. ..."""""""... :~' ~ " i' '~'J >' ;, 24. Due to the confrontations within Respondent's home and the poor living arrangements in which the children have been residing for well over a year, the children's grades and other aspects of their education have suffered. 25. Although the parties followed through on securing an evaluation of the parties' child, Kyle, as required by the Court's Order of August 13,2003, once the child was placed on medications due to ADHD and related issues, Respondent, without medical approval, terminated the child's use of the medications. 26. The child, Kyle, is suffering extensively due to Respondent's refusal to provide him with the medication prescribed for several months. 27. Despite Respondent's conduct in this regard and the detriment to his son, he did not seek Court intervention to secure custody of the children. 28. Arrangements were in the process of being made by the Petitioner, who lives in Mercersburg, to have the school district in Hershey provide the medications directly to the child during school hours pursuant to doctor's direction. 29. Respondent has had severely limited contact with the school and Petitioner has been the primary responsible parent with respect to attending to the children's educational needs, including attending parent/teacher conferences, discussing issues relative to the children's education with teachers by email, telephone and in person, and otherwise attending to the educational needs of the children. 30. Despite the discussions and agreement between the parties to transfer custody, Petitioner was to return the children to Respondent on Sunday evening, March 20, 2005, pursuant to the present Court Order and attempted to do so in the parking lot ofMcDonalds restaurant on High Street in Carlisle, Pennsylvania. "m_'~ ......J ~ " " r' "-~=' ~^ Oil:. "~'--l":!' 31. On S,*day evening, March 20, 2005, Respondent advised Petitioner that he was to keep the parties' child, Kyle, because his school records were already being transf~rred, but that Laura was to come with Respondent. 32. An argument ensued between Respondent and Laura, who is nearly 15 years old, relative to the Respondent's living accommodations and Laura's desire to remain in Petitioner's custody. 33. Both children were extremely distraught, crying, upset and stressed over the circumstances and the confrontation with Respondent. 34. Respondent left the parking lot without taking the children and without giving any other indication to Petitioner as to her intentions. 35. The children have missed several days of school over the past month and one- half due to Respondent's confrontations with her paramour, her moves in and out of paramour's home, and her apparent inability to fmalize matters associated with transferring the children's school records to Mercersburg school district. 36. When Respondent was residing with her paramour, while her paramour worked at night, Respondent would often leave the home to socialize with friends, leaving the parties' 9 year old son, Kyle, and Respondent's two year old and four year old children to her paramour, with the parties' daughter to see to all of their needs. 37. As of the time of filing of this Petition for Special Relief, Petitioner has not been able to finalize the transfer of Laura's school records to Mercersburg school district due to not having an Order of Court providing Petitioner with primary physical custody of the children, although the school district accepted Kyle's transfer. 38. Contemporaneously with filing this Petition for emergency relief, Petitioner is filing a Petition for Modification of Custody, which will cause a Conciliation Conference to be scheduled in this matter. 39. Counsel for Petitioner was contacted by Karl R. Hildabrand, Esquire as this Petition was being prepared to advise counsel for Petitioner that Mr. Hildabrand will be representing Respondent in this matter. 40. Attorney Hildabrand has advised counsel for Petitioner that Respondent will now agree for Laura to remain in Respondent's custody but wishes to have Kyle returned to her. 41. Attorney Hildabrand has advised counsel for Petitioner that Respondent is securing a residence in a West Shore Cumberland County community of New Cumberland or Lemoyne. 42. Due to Petitioner's circumstances, and the tumultuous situation in which the children have been residing for an extended period of time, as well as the prior commitment of Respondent to transfer custody to Petitioner, an emergency Order is necessary. 43. It is not in the children's best interest to split custody of the children as desired by Respondent. 44. At this time, Laura is unable to attend school due to Respondent's issues as described above. ....,........ -. ,,' .~ 45. Prior to filing this Petition, counsel for Petitioner confmned with counsel for Respondent that Respondent will not agree to this request and a copy of this Petition and the companion Petition for Special Relief was faxed to Attorney Hildabrand with confmnation of when this Petition would be filed so that opposing counsel could be available at least by telephone at the time of filing. WHEREFORE, Petitioner requests your Honorable Court to enter an emergency Order providing him with primary physical custody pending further proceedings in this matter. Respectfully submitted, ffie, Esquire . H over Street Carlisle, P A 17013 (717) 243-5551 (800) 347-5552 ,U~ ~ >'~ - . r. ' <_-,,0 '.' <' ,~"", - '" "'.",,~,', V' -' - '."" ,- 0' 0>' , "" -,', ,"-,'o:.4."'~~"', VERIFICATION I verifY that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: 03/J..2./2..Dor { f ~ ~ AL-:/-- MARK R. SHINDLE "'~ MARK R. SHINDLE, PlaintifflPetitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 00-4753 JENELYN SHINDLE, Defendant/Respondent : CNIL ACTION - LAW : IN CUSTODY CERTJIFICATE OF SERVICE I, Bradley 1. Griffie, Esquire, do certifY that I served the Defendant's attorney of record with the within Petition for Special Relief by facsimile and first class mail, postage prepaid, to the following addresses: , Karl R. Hildabrand, Esquire 840 East Chocolate Avenue Hershey, PA 17033 . ffie, Esquire anover Street arlisle, P A 17013 (717) 243-5551 (800) 347-5552 DATE: ~Y~II\~ -- """'~" H "~ . MARK R. SHINDLE , Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00-4753 JENEL YN SHINDLE, Defendant CIVil ACTION - LAW CUSTODY AND NOW, this .31 day of- attached Custody Conciliation Summary Repo , 2001, upon consideration of the it is hereby ordered and directed as follows: j, LeGal Custody. The parties, Mark . Shindle and Jenelyn Shindle, shall have shared legal custody of the minor Children, Laura M. Shindle, born May 22, 1990, and Kyle M, Shindle, born February 3, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion, Pursuant to the terms of Pa. C. S. S 5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Neither party shall impair the other party's rights as to the shared legal custody of the Children. Neither party shall attempt to alienate the affections of the Children from the other party. Each party shall notify the other of any activity or circumstance concerning the Children that could reasonably be expected to be of concern to the other. 2. Physical Custody. During the school year, primary physical custody of the minor Children shall be with the Mother, 3. During the school year, Father shall have partial physical custody of the minor Children in accordance with the following schedule: A. Alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m. B. At times mutually agreed upon by the parties, 4. Summer. To commence with the first Friday after school is out, the parties shall share the summer school break with the Mother taking one week followed by Father having two weeks, Through the summer, the parties shall alternate on a one week with Mother and two weeks with Father basis, The custodial periods shall run from Friday to Friday. The exchange time shall be 6:00 p.m. Mother's first custodial week of the summer shall begin on June 8, 2001, Father's first two custndial. weeks of the summer shall begin on June 15, 2001, EXHIBIT i A . " ~ ~~'> 'i, 'I .... MARK R. SHINDLE, PLAINTIFF V. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENEL YN SHINDLE, DEFENDANT : 00-4753 CIVIL TERM ORDER OF COURT AND NOW, this 14th day of August, 2003, the petition of the father, Mark R. Shindle, to change the current custodial arrangement with the mother, Jenelyn Shindle, with regard to their two children Laura M. Shindle, born May 22, 1990 and Kyle Shindle, born February 3,1996, IS DENIED. IT IS ORDERED, however, that: (1) The mother shall have Kyle evaluated through school or otherwise for the possibility of attention deficit/overactive disorder and/or a learning disability. (2) The mother shall have both children continue in individual counseling. (3) The mother and father shall participate in co-parenting counseling with the cost divided between them. h'radley L. Griffie, Esquire For Plaintiff :? ~arl R. Hildabrand, Esquire For Defendant / :sal L~ f1 RXs 0<8-/5-03 't,,,,",,,,~ p., " ;: ~~~....-H;, 't,<;,~ ,) . -. " , .". ,-' ~~,'" r' ~", \l '" ".'''' EXHIBIT 1-0 m T t:c~tl~~i-!):::'~ "; ~ r~r(t c...... ",'" ~'d' " ., .-. u,. "T"~.~~J'" '. 7L#u4"'j;: ~. ~. 'i ,Ie! 'i. . .. I ;/ nJa4~_ ' ;K;""~~irE~~dl.;M,iI0,ij;,&li>w,~~"il!!;I~lil~~~'t~~""j>'li~4\li~ilM']~~,~''J1~~~_- Iliiidllillii&llbJiIi!! ~ ~ :!IiIlIldI - ~ill!!lIII:~.w.r,.m;_loUilr:I --:.! ~ -a.~ ~ ~Y6.9t- D)G ~ ~ ~ ~ ~<~ + Jb It', ~Vl (') c: -<2"" CHj~~l ~~ ,~~q g';,;',~ ~:~~'i --.,1 , ~"-./~:. "'"'- , Pc ~ ~ J:- c.n , " t-., = = <.n :x "'" :=0 N W o ..,., 5!:n rn_ '"1JM i?3? --<Q ~ri41' o -~ (5 fT1 ~ 53 -< -u ..-,.... - .',,"',.. ~ ~ ~" MARK R. SHINDLE, Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA (') C <":'" ~f:~ C);;:: f:f:~; ~~t) ~ ..c~'i"'" -" > c: <!! AND NOW, comes Petitioner, Mark R. Shindle, by and through his cOurl:!el of.- <.n vs. : NO. 00-4753 JENEL YN SHINDLE, Defendant/Respondent CIVIL ACTION - LAW : IN CUSTODY PETITION FOR SPECIAL RELIEF record, Bradley L. Griffie, Esquire and the law firm of Griffie & Associates, and petitions the Court as follows: 1. Your Petitioner is Mark R. Shindle, the above named Plaintiff, and an adult individual currently residing at 8732 Woods Road, Mercersburg, Franklin County, Pennsylvania. 2. Your Respondent is Jenelyn Shindle, the above named Defendant, and an adult individual whose current residence is unknown, but is understood to be either at a shelter in Carlisle, Cumberland County, Pennsylvania, or at a residence in a location on the West Shore area of Cumberland County, Pennsylvania. 3. The parties are the natural parents of two children, namely, Laura M, Shindle, born May 22, 1990, and Kyle M. Shindle, born February 3, 1996. 4. The parties are subject to an Order of Court dated May 31, 2001, which is attached hereto and incorporated herein by reference as Exhibit "A", relative to the terms of custody with respect to their children. 5. The parties are also subject to an Order of Court dated August 15,2003, which was entered by the Court following a hearing modifYing the prior Order of May "' ZU-""ft ...., "'" = "" :x ".. ;;<::J N W o -n -l :r: ['I1:D r" -ol"T1 :00 s?b ,-'-r, -,- -r1: r")---' ::=.--C) "jrn ::.. ::<~ :-.'J -< "-~.~.~ , :.Lt,. "~- 31, 2001, a copy of which is attached hereto and incorporated herein by reference as Exhibit "B". 6. Since the entry of the prior Orders, there have been substantial changes ill circumstances that require immediate Court intervention. 7. For an extended period of time, Respondent has been residing with her paramour in a tumultuous and confrontational relationship. 8. Recently, on or about February 20, 2005, Petitioner was contacted by Respondent's paramour at approximately 3:00 a.m. on Sunday morning, at which time Petitioner was advised by Respondent's paramour of the following: (a) Respondent returned home after being out Saturday night until approximately 3 :00 a.m. Sunday morning; (b) Respondent became physically violent toward paramour; (c) Because of the physical violence of Respondent against her paramour, the paramour telephoned the local police department; (d) After discussions with the local police department, Respondent was requested to vacate her paramour's home, which she did. 9. During the episode described above, the children were in the custody of Petitioner. 10. Due to the fact that Respondent no longer had a residence, Petitioner kept the children for Monday, February 21, and kept the parties' child, Kyle, for Tuesday, February 22. 11. Due to the constant conflicts within Respondent's home, the circumstances of her not having' a home at the time, as well as other reasons, Respondent - ~ ~~- , ."< ',I discussed with Petitioner, Petitioner retaining primary physical custody of the children. 12. At Respondent's request, Petitioner met with Respondent at the Pennsylvania State Police Barracks parking lot, where Petitioner sat with Respondent in her car and discussed these matters for in excess of one hour. 13. While Respondent's version of the facts relative to the confrontation between her and her paramour in the early morning hours of Sunday, February 20, 2005, differed, Respondent confirmed that she did not have a place to stay at that time, and was considering agreeing to Petitioner retaining physical custody of the children. 14. By the following week, Respondent was residing back in her paramour's home with her children, as well as the two young children she has to her paramour. 15. Despite the tremendous turmoil this created for the children, Petitioner did not initiate Court action to secure custody of the children, but allowed Respondent to resolve the situation. 16. From that time forward, further confrontations ensued between Respondent and her paramour, which created great fear, concern and stress in the children. 17. On or about March 11,2005, Respondent again contacted Petitioner and advised Petitioner that Respondent was moving from her paramour's residence and she and the children were going to be residing in some type of shelter in Carlisle, Cumberland County, Pennsylvania. I,,'. 18. Respondent advised Petitioner that she signed the necessary documents to transfer the parties' son, Kyle's, school records from his school in Hershey, Pennsylvania, on Friday, March 18, 2005. 19. Due to Respondent transferring the child's records, Petitioner has registered Kyle in the Tuscarora School District in Mercersburg, Pennsylvania, where the parties' child, Kyle, continues to reside with Petitioner and attend school. 20. Respondent advised Petitioner that she was signing the necessary documents to transfer the parties' daughter, Laura's, school records from Hershey High School, where the parties' daughter, Laura was attending 9th grade. 21. Counselors at the children's school have advised Petitioner that Respondent has notified them of her intention to transfer the children from the Hershey School District to the Mercersburg School District, although not all documentation has been completed as of the time of filing of this Petition. 22. Counselors and other representatives at the children's prior schools in the Hershey School District confirmed that Respondent advised them that she was transferring custody of the children to Petitioner and he would have their school records transferred. 23. In discussions with Petitioner, Respondent has suggested that she would consider allowing her children to remain in the home with her paramour so that they could continue attending school in Hershey, even though she has alleged that her paramour is violent, aggressive and an alcoholic. . - " .'~; 24. Due to the confrontations within Respondent's home and the poor living arrangements in which the children have been residing for well over a year, the children's grades and other aspects of their education have suffered. 25. Although the parties followed through on securing an evaluation of the parties' child, Kyle, as required by the Court's Order of August 13,2003, once the child was placed on medications due to ADHD and related issues, Respondent, without medical approval, terminated the child's use of the medications. 26. The child, Kyle, is suffering extensively due to Respondent's refusal to provide him with the medication prescribed for several months. 27. Despite Respondent's conduct in this regard and the detriment to his son, he did not seek Court intervention to secure custody of the children. 28. Arrangements were in the process of being made by the Petitioner, who lives in Mercersburg, to have the school district in Hershey provide the medications directly to the child during school hours pursuant to doctor's direction. 29. Respondent has had severely limited contact with the school and Petitioner has been the primary responsible parent with respect to attending to the children's educational needs, including attending parent/teacher conferences, discussing issues relative to the children's education with teachers by email, telephone and in person, and otherwise attending to the educational needs of the children. 30. Despite the discussions and agreement between the parties to transfer custody, Petitioner was to return the children to Respondent on Sunday evening, March 20, 2005, pursuant to the present Court Order and attempted to do so in the parking lot of McDonalds restaurant on High Street in Carlisle, Pennsylvania. ~. ~ - ~-- . 31. On Sunday evening, March 20, 2005, Respondent advised Petitioner that he was to keep the parties' child, Kyle, because his school records were already being transferred, but that Laura was to come with Respondent. 32. An argument ensued between Respondent and Laura, who is nearly 15 years old, relative to the Respondent's living accommodations and Laura's desire to remain in Petitioner's custody. 33. Both children were extremely distraught, crying, upset and stressed over the circumstances and the confrontation with Respondent. 34. Respondent left the parking lot without taking the children and without giving any other indication to Petitioner as to her intentions. 35. The children have missed several days of school over the past month and one- half due to Respondent's confrontations with her paramour, her moves in and out of paramour's home, and her apparent inability to finalize matters associated with transferring the children's school records to Mercersburg school district. 36. When Respondent was residing with her paramour, while her paramour worked at night, Respondent would often leave the home to socialize with friends, leaving the parties' 9 year old son, Kyle, and Respondent's two year old and four year old children to her paramour, with the parties' daughter to see to all of their needs. 37. As of the time of filing of this Petition for Special Relief, Petitioner has not been able to finalize the transfer of Laura's school records to Mercersburg school district due to not having an Order of Court providing Petitioner with primary :'f' ....,.""....."-. ~ ,~~" ..- . , ~ '""""*" physical custody of the children, although the school district accepted Kyle's transfer. 3 8. Contemporaneously with filing this Petition for emergency relief, Petitioner is filing a Petition for Modification of Custody, which will cause a Conciliation Conference to be scheduled in this matter. 39. Counsel for Petitioner was contacted by Karl R. Hildabrand, Esquire as this Petition was being prepared to advise counsel for Petitioner that Mr. Hildabrand will be representing Respondent in this matter. 40. Attorney Hildabrand has advised counsel for Petitioner that Respondent will now agree for Laura to remain in Respondent's custody but wishes to have Kyle returned to her. 41. Attorney Hildabrand has advised counsel for Petitioner that Respondent is securing a residence in a West Shore Cumberland County community of New Cumberland or Lemoyne. 42. Due to Petitioner's circumstances, and the tumultuous situation in which the children have been residing for an extended period of time, as well as the prior commitment of Respondent to transfer custody to Petitioner, an emergency Order is necessary. 43. It is not in the children's best interest to split custody of the children as desired by Respondent. 44. At this time, Laura is unable to attend school due to Respondent's issues as described above. .~'" '1::......",..""..lfd ~ ,~" '~ ~..~ "",~ '14 ;;~ 45. Prior to filing this Petition, counsel for Petitioner confirmed with counsel for Respondent that Respondent will not agree to this request and a copy of this Petition and the companion Petition for Special Relief was faxed to Attorney Hildabrand with confirmation of when this Petition would be filed so that opposing counsel could be available at least by telephone at the time of filing. WHEREFORE, Petitioner requests your Honorable Court to enter an emergency Order providing him with primary physical custody pending further proceedings in this matter. Respectfully submitted, lffie, Esquire ~ . Hanover Street Carlisle, P A 17013 (717) 243-5551 (800) 347-5552 :U~<k -"~< _ "'"""i.,;: VERIFICATION I verifY that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE'. n' ;" /, <- ~ C>: A""'i _60-:) 94/ /~/ ) / ~_ '" - /t/~i!t.v4\- /',' L ./.vc-~ MARK R. SHINDLE """,,, , '~ ;;. '~ It, MARK R. SHINDLE, Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 00-4753 JENEL YN SHINDLE, Defendant/Respondent : CIVIL ACTION - LAW : IN CUSTODY CERTIFICATE OF SERVICE I, Bradley L. Griffie, Esquire, do certifY that I served the Defendant's attorney of record with the within Petition for Special Relief by facsimile and first class mail, postage prepaid, to the following addresses: DATE:.J 1)..'>/1\(' Karl R. Hildabrand, Esquire 840 East Chocolate Avenue Hershey, P A 17033 -~_-? c:: j~< / /... ,",,' ";'< ..(. V ..../(/' ./ ~ ey::-t.Gnffie, Esquire (.t:"YJ(; {l-N. Hanover Street t/ >-l--e!J'rlisle, P A 17013 (717) 243-5551 (800) 347-5552 ~~~ , ~ MARK R, SHINDLE , Plaintiff IN THE COURT OF C0lv1lvl01~ PLEAS OF CUMBERLAND COUI~TY, PEI'-lI~SYLVAI\jIA vs. I\jO 00-4753 JENEL YN SHINDLE , Defendant CIVIL ACTION - LAW CUSTODY AND NOW, this ~I day of ~' attached Custody Conciliation Summary Repo ,2001, upon consideration of the it is hereby ordered and directed as follows: 1, Legal Custody. The parties, Mark . Shindle and Jenelyn Shindle, shall have shared legal custody of the minor Children, Laura M, Shindle, born May 22, 1990, and Kyle M. Shindle, born February 3, 1996, Each parent shall have an equal right, to be exercised jDintly with the other parent, tD make all majDr non-emergency decisions affecting the Children's general well-beihg including, but nDt limited tD, all decisiDns regarding their health, education and religion, Pursuant to the terms of Pa. C, s. 9 5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to. medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession Df any such records Dr infDrmation, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasDnable use to the other parent. ['-leither party shall impair the other party's rights as to the shared legal custody of the Children. Neither party shall attempt tD alienate the affectiDns Df the Children from the other party. Each party shall notify the other of any activity or circumstance concerning the Children that could reasonably be expected to be of concern to the other. 2, Phvsical Custody. During the schoDI year, primary physical custody of the minor Children shall be with the Mother. 3. During the school year, Father shall have partial physical custody of the minor Children in accordance with the following schedule: A. Alternating weekends from Friday at 6:00 p.m, until Sunday at 6:00 p.m. B. At times mutually agreed upon by the parties, 4, Summer. To commence with the first Friday after school is out, the parties shall share the summer schDol break with the MDther taking one week followed by Father having tWD weeks, Through the summer, the parties shall alternate on a one week with Mother and two weeks with Father basis. The custodial periods shall run from Friday to Friday. The exchange time shall be 6:00 p.m, MDther's first custodial week of the summer shall begin on June B, 2001. Father's first two custodial weeks of the summer shall begin on June 15, 2001. EXHIBIT j A I. .'., < ,~^I" MARK R. SHINDLE , PLAINTIFF : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. JENEL YN SHINDLE , DEFENDANT : 00-4753 CIVIL TERM ORDER OF COURT AND NOW, this 14th day of August, 2003, the petition of the father, Mark R. Shindle, to change the current custodial arrangement with the mother, Jenelyn Shindle, with regard to their two children Laura M. Shindle, born May 22, 1990 and Kyle Shindle, born February 3,1996, IS DENIED. IT IS ORDERED, however, that: (1) The mother shall have Kyle evaluated through school or otherwise for the possibility of attention deficit/overactive disorder and/or a learning disability, (2) The mother shall have both children continue in individual counseling. (3) The mother and father shall participate in co-parenting counseling with the cost divided between them, ~radley L. Griffie, Esquire For Plaintiff ;;- v{arl R. Hildabrand, Esquire For Defendant / :sal L~ rt R)<s o'S -/5-a,3 ~~~ '..::'\} r' , [.,t,:\ "'''.'1' "",' ~ ~n,~Jit;. EXHIBIT 10 , .J!ri1 i.:'~ ~~~~'~; . ' ',I' J;'. .fiil-. ~l ..... ..",.IX' r, _-,_c ,'. i '. /,t/,0'U44. , p~!'- P74d~_ ' . .jt~ .~ ~ ~ , ~""--I\-,oE ( . ~ MARK R. SHINDLE, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA v. : 00-4753 CIVIL ACTION LAW JENELYN SHINDLE, Plaintiff : IN CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of undersigned counsel on behalf of Defendant Jenelyn Shindle. NESTICO, DRUBY & HILDABRAND, L.L.P. BY:~~~ Karl R. Hildabrand, Esquire Attorney J.D. No. 30102 840 East Chocolate Avenue Hershey, PA 17033 (717) 533-5406 Attorney for Defendant "'~ ~ . ~ " > ";, Iii'.,: L . CERTIFICATE OF SERVICE 1, Karl R. Hildabrand, of the law firm of Nestico, Druby & Hildabrand, L.L.P., hereby certify that on the 5 day of August, 2003, a copy of the foregoing document was sent via First Class U.s. Mail, postage paid, to the following: Bradley 1. Griffie, Esquire Griffie & Associates 200 North Hanover Street Carlisle, PA 17013 ~~" Karl R. Hildabrand '..-- ',. ~,~..' lll\ll1<",~""tllii.>Mlli."h!;i_~W!lIiI~~~it,l_~'i~;~~l(<rl,,,a,_~ji'iidl.l"l!" ~ ~~~'~IlilJlWMlMI.dI , ~"., " ..~ ~~~A- ~~ ,_. '" '-k:, o e <:: ""O\]) ml.... zS_ ze- ~'i'~ ~L~ j; ,.- Zj..., )>c 2: -t -< . , o w ~ ~f5 , o -n --, -r -::;,,\:D , -"9123 "'-),i. :::-:;':d _.,~ 'I ';2~:'; ~;T1 )> ::D -< ~~.J. -0 X N c- (11 -I" ,--<' ~"" <~ Plaintiff tII~'( 2 9 2001 (sr\ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-4753 / MARK R. SHINDLE, vs, JENEL YN SHINDLE, Defendant CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this 1.\ day of ~ , 2001, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Mark R, Shindle and Jenelyn Shindle, shall have shared legal custody of the minor Children, Laura M.$!1indle, born May 22, 1990, and Kyle M. Shindle, born February 3, 1996. Each parenfshallhave an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant tdthE:)termf;ofPa. C. S. S 5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Neither party shall impair the other party's rights as to the shared legal custody of the Children. Neither party shall attempt to alienate the affections of the Children from the other party. Each party shall notify the other of any activity or circumstance concerning the Children that could reasonably be expected to be of concern to the other. 2. Physical Custody. During the school year, primary physical custody of the minor Children shall be with the Mother. 3. During the school year, Father shall have partial physical custody of the minor Children in accordance with the following schedule: A. Alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m. B. At times mutually agreed upon by the parties. 4. Summer. To commence with the first Friday after school is out, the parties shall share the summer school break with the Mother taking one week followed by Father having two weeks. Through the summer, the parties shall alternate on a one week with Mother and two weeks with Father basis. The custodial periods shall run from Friday to Friday. The exchange time shall be 6:00 p.m. Mother's first custodial week of the summer shall begin on June 8, 2001. Father's first two custodial weeks of the summer shall begin on June 15,2001, --I '-,,, ' - ~' /, < "': , '.~' ,""~' < ,"<k j .... ,. No. 00-4753 5. The parents will alternate the following major holidays: Memorial Day, Independence Day and Labor Day, The custodial periods shall run from 9:00 a.m. until 9:00 p.m. In the event that Father's holiday as designated herein coincides with Father's alternating weekend period of physical custody, Father shall simply retain custody of the Children on Sunday evening until 9:00 p.m. on the day of the holiday. 6. Easter. During the Easter season the parties shall equally share in the Easter school break by alternating the following two periods of physical custody: A. The period from 5:00 p.m. on the last day of school prior to the Easter holiday until 1 :00 p.m. on the Saturday before Easter. B. The period from 1 :00 p.m. on the Saturday before Easter until 9:00 p.m. on the last day of Easter school vacation, The parties shall alternate these periods by the Mother having the first period and Father having the second period in even-numbered years and the Father having the first period and Mother having the second period in odd-numbered years. 7. Thanksgiving. Thanksgiving shall be shared by alternating the following two periods of custody: A. From 5:00 p.m. on the last day of school prior to the Thanksgiving holiday until 1 :00 p.m. on the Saturday immediately following Thanksgiving. B. From 1 :00 p.m. on the Saturday following Thanksgiving until 9:00 p.m, on the last day of the Thanksgiving school vacation period. The parties shall alternate these periods by Father having the first period and Mother having the second period in even-numbered years and the Mother having the first period and Father having the second period in odd-numbered years. 8. Christmas. Christmas shall be divided into two segments: Segment A is from December 24th at Noon until December 25th at Noon. Segment B is from December 25th at Noon until December 26th at 6:00 p.m. These segments will alternate year by year between the parties and will begin with Mother having Segment A and Father having Segment B in odd- numbered years. In even-numbered years, Father will have Segment A and Mother will have Segment B. The balance of the Christmas school vacation will be divided equally between the parties. 9. Mother's Day/Father's Day. Father shall have custody on Father's Day from 9:00 a.m. until 9:00 p.m. and Mother shall have custody on Mother's Day commencing at 9:00 a.m. 10. The holiday schedule shall take precedence over the regular custody schedule. ~ ... . "~ ~ --., .~ T No. 00-4753 11. During any period of custody or visitation the parties to this Order shall not possess or use any controlled substance, neither shall they consume alcohol beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or household guests shall comply with this prohibition. I 12. Each parent shall be entitled to reasonable telephone contact with the Children when they are in the custody of the other parent. Neither party shall impede telephone contact between the Children and the non-custodial parent. 13. Neither party shall permanently relocate if the relocation would necessitate a change in the visitation schedule or if the relocation would exceed a fifty-mile radius without a minimum notice of sixty (60) days to the other parent. These sixty (60) days notice is designed to afford the parent an opportunity to renegotiate the custodial arrangement or to have the matter listed for a Court hearing. 14. Transportation. While the parties are following the summer schedule, the parties shall share transportation by meeting at the State Police Barracks off of the Plainfield Exit of Route 81. During the school year, Father shall provide transportation so long as the Mother continues to reside in Enola. In the event that Mother would relocate with the Children at a distance from Father that is greater than that presently exists (between Shippensburg and Enola), the parties shall share transportation and the custodial exchange point shall be at the K-Mart on Route 11 North at the Summerdale Plaza, 15. In as much as the parties have resolved their custody dispute at the Custody Conciliation Conference, the hearing in this matter previously scheduled for June 28, 2001, is hereby canceled. Edgar B. Bayley, J, op.w> Ol.-Ol-ol Dist: Bradley L. Griffie, Esquire, 200 N. Hanover Street, Carlisle, PA 17013 / Judith A. Calkin, Esquire, 2201 N. Second Street, Harrisburg, PA 17110 . \. '-,,",, ,~ _~i!lP"",,~~_ " Mj,,=,- " ,:-'1 G i ['it) v:; Pi'! 3: 5 ~ C:n,1,'"" :-, ,', -\ ""~ ~ "'''''''--' " ,.., \" I 'f '.J l~ r~ry "jl:l\ft;i':;.,~\' ;..J\.iUI\ I L ~I~'..)I'; 1/1'1'\1!!~ , ....b'l 'Ii'" <~"~"";!f~m;~P1i~~~'i!I",,, .~ ~,=.., . ~ , ' , >', ,. , MARK R. SHINDLE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, NO. 00-4753 JENEL YN SHINDLE, Defendant CIVIL ACTION - LAW CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: ' NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Laura M. Shindle Kyle M. Shindle May 22, 1990 February 3, 1996 Mother Mother 2. A Custody Conciliation Conference was held on May 21, 2001, with the following individuals in attendance: the Father, Mark R. Shindle, and his counsel, Bradley L. Griffie, Esquire; the Mother, Jenelyn Shindle, and her counsel, Judith A. Calkin, Esquire. Date 3. The parties reached an agreement in the form of an Order as attached. ~'lo/ \!;(r~~";~ Custody Conciliator ~--."" "~ ........ iiioll. ~ > , 08-11-2003 09:29PM FROM GRIFFIE & ASSOCIATES TO 2406462 P.03 ,,' " ":. ' ;, .'. "~' : ;'. '" .,,' '. ' .. : " -:' :. , MARK. R. SHINDLE . . Plairitiff . , , , " : IN THE COURT OF COMMON PLEMOF' : CUMBERLAND COUNTY~ PENNSYLVANIA' : NO.. 00-4753CIVll, TERM : CIVIL ACTION - LAW,' : IN CUSTODY 'vs., ", " '>J.SNBLYNSFfIND~E;~ ; ;, 'Defeildant ," , ' , , , 'l,RE-TmALMEMO~F.P~IF~\ " " , MARK R;SIttNDLE ',., '. . '. LfLAlNmF'SposiiIol\LREG4!mING CUSTOJ)Y , , " . '. .. The prieS are the naturaJ. parentS of two clllldren;ilamely, Laura M.' Shlndle, ' bmn:/May 22,1990 (13 yearS old), and Kyl~ M.Shindle, bomFebruary 3,1996 (?yem , : '. . ,. .", ' . ' , . '. , , . . , . ' , .' ,. ': "', '. .' ,', .'.'. , '. '. . ' ..... ',. .' . 'Plaintiff initiated' thJ 'Wj~. proc~s whAlri ,& wi~' aiTay ofcittuWtance$ in ' ; . . "Mother's home eonnrtuedto,deteriorate' to the point where the ,. best 'interests, of 'the " old). . , " ". ' . , "'.' chllqrenclearly ~. ~~' by, planing the ~hild1'Bn.in the JIlima~ Jlhyglc.1l1 Cll,stOOy ,of thcrr,P.r. . . ' .. . " '",' "SincetheJlarti~s'se~tion in 1998, Fathethas ~si4ed in hi$patems"h~me in ' , '~rsbUrg, PelinSylvaDia; and has maintained full-time emplo~nt. Since the partieS', ' , , , ',', "sCParation, Motherh8s ~dedin appro:xhnatelysix(o) differetit residences arid has, had .' . ' ~' . , . . " . " '. . , . .. 'v~sand sporadw employment. Mother ourreritlyresides with apMUllo1:'l", with whom '",. ..,' ", ,,"shebasnVo intlmtsi' ,. . Both ~theparti~, chii<lien,'and more particuiarly,Utura,haVebad~~~tyili'; ,,' , , ~!.. " , ""'. '..' :.: ....:,','.:, , ',: .', ',.....,.' . " ': , . ..' . . '. ,'" · . . 'schoot Mother has ~Uia~ve to Laura;s eduCational nee4s, ~d ~eithtirM:other or . , " " . . ' . ", : ' ".' "herParamourhave~able to assist theclaughter m hli routinee4uCatjonSlneeds. The " , ~eS'c~ld.KYle; who is onl~ehtering silcond gmie, ha4 jl periOd wh~ it ~ thO~ght ' . ~ ' .' ; : ~, , . ~~ ~'" '^t1...J ,..........'_~_ " " ,,,,"',, "~~' N ~ =~ ..... l~' . , ~~ CO' '~' , 08-11-2003 09:30PM FROM GRIFFIE & ASSOCIATES TO 2406462 P.04 :." ' ..'.,:.,;" ,,'.',' 'j',' " , . :.'., "". :': ,.;,' " :' " , " ,'. . : " " , '. ".".. " " .," , ". ' , " " , , apptopriatetestlng to deteimineKyle's educational needs. Mother ocly becambinvol'Ved in thlsproCe$S after Father'sought assistance for the child.. , . ", " ',' ., " Both of the childreJ:!.l;IaveShowI(sigrls ofdepic:ssion and uW pa$e&~ !;an, ~yle, .' ,.". ,"..: ' ,. . ::' . ,. " ' . " '. ,; , , . '. who 'is onl~ ~en years cif age, 'hBsmUI episodes of atfumPtstoinjurehimseif: " . '. , ,. ..', ' " . MOther has ~edininappropriate corporal plmi..hm~oftheebiidrCnl!lld is . '... " , ,',' v~hany ahu'live tdwatd thechUdren:, " The. rel8tionsliipbetWeen her and the Parties' ,. . ,. .. '. " . " ' , , daughter; Laum; has,~oratCdtremendously. , ',. ., . , . .. ' . , , . , , . , " .' Further, it becomes m~reincreaSingly evident that in Mother's hoUsehold, Mother . , , . , , ., , 'and her paramo~do not Iia'lethe ability ~ attend to the needs "fthe oldeYChildflmW\Ule , , , , , . .' ., ~yareCllring fOr an; ~ of.theii two i.ts. TIieolder childre~m:enot permitted to '. ' ,: partiCipa~' in any ~ of~tracUn:icular 8!:tivities. . ,Thefreduciiti~ ri.W:i:s ~.' not niet.', ' . .. ,. ' " . 'Thehsocial needs are not met. , . . ' ..,.,. , , ' They' are dOWngmdtd and' inappro~ 'COl'pOIal , , .. .., . ,," '. .Pumihmentis Usedaga1nst them. ' .,:' ' " . : fu Father'sboine:Fatherisatten~'Ve to the children's ~s. ~einvOl~shUrtself " 'in '~chiidren' sschool~,~enthoughhe lives inM~ersburg and the. chil~n ,go ~ ' ,,'. .., ' .":', , . ' , ,'. " . ,~~1 ~,Herstiey.ae, haS panicipated in. field trlP1l,andmaintail:ts roiJ.tine co.ntii.Ct with , .. ., " .. ' , : ' thechildreu's teachers. He provides C:ducationaI lI$8i~ce as mUch as.ilfPaS$ble in his . ,...,'1iJmted contacts with,thm during tbeschool year.. While The clnldreri;as~ children,. ,,' " ... , " . , .. ", ,.., , , . ., " ,. " . , ' , ... ' " , ' , :need correcting, ,Father implements a.patt\:m of ~Irectionthairareiyiil'VQlv$ cOr:PbriiI . ' .,' ,,' ..., , " '. ,', ' "'.. " 'I . ..' '.. .' . .. ,'pfuIi~bmentand has (otind the children'tobc iweptivl\lU) hisgui~cC; :. \. . ,',' " ',' .",. . '. .' ':. ,: . ',; ..., '.' . When the partie~ reached an ~t relative to cUstody lD.1UOl, U!was done . "." .' " :.',< ". , ' . ' ~th the, assistance and 'intervention ,of or. Amolc.i.' T. $hienvold, whO' prepared a , ,:.. ':": .,,' ," ' :. ", . , '. cOi1i~veCustody and psychological evalUation for the p8rties;in: tbate~aluation, . . !' " . . . . , _ u<~ <,~, .< - ,; , 08-11-2003 09:30PM FROM GRIFFIE & ASSOCIATES TO 2406462 P. 05 '",i u', '. . ", ~, ",.',' . " ' . , ' '.'.[, ,,'; r ,o',." -, " ." ":i [., . . '. . . " . , .' , , , tn. Slrlenvold madeseverai suAAestWJiS on what Fathei coUld do to improve his ~ , . , , , ,situation throughilpproprlate co~ling. Father hlI$ pursued tblU co~aeling ,~ mfl1~t, i' ,: , ' , , " ' : '.,', .hasiidd,re~lillis~ that Dr, ShienyQldriii~, " :, The children hi1veex~ a strong, sbwere and . desire to reside in ' , , . " . ",' > " .' ,.... . ,"'" ':.:..' , , ., , " , " 'Fatli./ir. s primary physicaI Cl1re. ThiS position has l1QW been sUpported by Dr.Shienvold, . , ....:.. 'who,' solely at Mother's iequeSt,petformed' an up(imed' evalUation arid, his, dete1:niIDed . . . " . , . .',', .,' . . "', ,.', ' , thtt,ii is' in the children's best interest to resilh, With their, Fat1i~ (see attached " ',:e9IIesJiOnllence! dated August 8, 20(3), , . " . , . " '. " , ,'father had already !llade ariangemems withhis employer to _rer from his , ", ",evening shift to th~ daylight shift so that he is available f~ thfi ~hildien in the evenings, . :~ o" "', ' , , ,..,. , ' " ,'.' 'n.~SSJi(SANJ>>SI1MMARYOF ANTICIPATED TESTIMONY .. , A. Mark SlUndle wiU testify to,his involvement with his clilldren, how the ,;l, " , , , . ,.'. children's needs are not being met Bl.Mother's hciine; andth~ difficwt}.the . . , , " ~, " ,,' 'childten have encountered In their education, socially and otl1erwise ~der , .". Mo~'s, care; or lack thereof. "" ' I'.' 'JB. .., ", ' . ..., " .' '1' ' .... , ,childi:W,8s:WCllasFatbcr's ajjpropri~~of:the cbildTcri., ," '. ' "."." , '. .. . '!C. ut. Arnold'!'. Shienvoldwill iestiiY to bispositi()n in this case, ~'Uppn . \.': ~ , " his re.:eVaillarlon, ~r updated evaluatiOn, ~bich is fOr ,thecbildren to be in FBtheri g' primary cuStOdy. ;.:; c)"~ . '"".' , , --~ - - ~~ ,"'''' ,,: , 08-11-2003 09:31PM FROM GRIFFIE & ASSOCIATES TO 2406462 P.06 , ~ , ' " "" " . ,~ '. ,'" "::::'.< . , ., .. , .." " ':: . . :, ~. :..: ~'"" ., .... D. Susan Day ill Mr. Shiridie's counSelor and Will testify to the issues that he , '" bas dealt with through counseling with her andth~ c~t state of his counseling and of ad~h1g various issues. . , , . " , E. " Jeff Baney, ~cbai9 WO()(f Or anotherrep~sentative ~Fii.tl$r's ,employer , " ' , , . '. ' .. , " will teSiity to 'the tacit that Father has made arrtl1lgeinents to transfer to ' , , " . d,ay1igbishiftupOn confirmation of cust<xiY in him. . " F. Phyllis Shindle, is. Mr. Shindle's mother imdwiil testitYto l,iis appropriate relationship' with the children andinfonnation she has n;lative to the ., ," .. children,'s needs not being met by Mother. , , ..G. It is teque~ that the Court speak individually wlth thepaffieschilc:ke~ Laura a11d ~yIQ. " Respectfully sUbmitted, ' '" B , e, Esquire' ttOrney for Pl~tiff 200 NorthHimover Street Carlisle,P A 17013 (717) 243-55.51 ,l ': "', ::.::;.....': .':: " " .. ' ' .~. ; .:."" : :;:'( . , :' ~ . "" , :': ' '.', . 1, ' , '. . '," ',' , "", "~ " - . v.. "-'~~ " ,~ =~~ , ~ , 08-11-2003 09:31PM FROM GRIFFIE & ASSOCIATES TO 2406462 P.07 . ",..J ,'. " ", .. , . , ''', . . " : .' :,'. ", ".' ", "',' , .' ,MARK. R.SHINDLE, , Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY"PENNSYLVANIA : NO. 00-4753 CivIL TERM " ,VS. 'JENELYN SHINDLE . , '. "." 'Defenda!1t " ' .' . "; CIVIL ACTION"':,LA W , ; IN, CUSTODY, " , , CElIDFICATE OFSERVICE , . 1, Bradley L. Griffi~, ESquire hereby certify that! did~ the 11 th day of Au8ust, ' , , , , , , " " . '" ,', ZOO:3,~lIcOPY ofPlaiiilitrs Prt:-ttililMemoiand~ to beserv~.upori the Defendarit, , " . , , Jenelyn ~llfud,le,by ~gher atto~y l,'If record, Karl R. Hildabrand, Esquire, by first <:' ' . ';pATE: 81 "ib3 .':, .':, ,,' '" ",.'. , . ,"'" "'. " ,.;.., ;, .. ,".. ., ,." . , , ", . :,': .' , .,.... : ." " , . . ~ ' ' " ' . ," .' i... "". ,'j.'. . : :' ; ". '~'<' "":". E' ' . .. sqUU'e, 'ey for Plaintiff ..." ' '.., " , .~ ,"- ",~. ;t, .. 08-11-2003 09:32PM FROM GRIFFIE & ASSOCIATES I,' ,.' . , " :j, i' '..: L.... '..,'" "I ,:' :;" ' ..ltE: Shiricnev.Shiudle '''I , ~' .,:' ' :)'~'" . '. ,. 'I':, I:' , I" .. ',1' ", [ ~ : :.:. .' ! ',1: . , I, I' , !,:,' ,.l;,:. ..' j, : '. '.. ~ .. .... i.- ' l" "~I . 'I' i i I i !.: :'i' < 1': " ".!'.::',' :.- { , . .: ~ ' ., ,. .'j:.,' , " .. 't' ::.j' , i" ",.." , ': i'-,: ' : ,'. .r, :1' 'I> : L::. t':' ':~ l' ' ,. "I" ,,. I:' ,. :: :l,~ :':.', .,;, ,.' 'i' ,I, : j' ..'.' , ''i:' :,')", TO 2406462 P.08 " '. " '..' ", . AUgust~.2003 . . . " . , . . . . ,. ' . " ," .' ';K:/U:1R.HUdttbn\nd, E~~e" " ., ,'., ," ,',', ' ".,:,,' Netjco,Pi1,\by:&:.H11dabrand, LLP , ,&4OBastChocomte Avenue ' nClihe)i;;pkt:703g ,'" " "" " , '" ' '. ,,' " . " ' ;Bra(Uey' "L. <mffle E"";;;~ ' , .", . " ~~~- Griffie & AssOciates' ' , . 200:Norih HaU.;ver street ' catUsle;:PA 170i3 ' ,,' . ,. ' Dear A~1'lIlc=yi;, ',' ." .,' . ", " : .. ',. ' .', :,' In ~tion i~r oUrC<nrl'erence callthis mOnU~gat..ll:oo A:M;lthought~O\tnrlght , ',. :waJ1,t to''realimy~mm.....d..tionsandprepare sOme qU~~01l,q seCOlidarY to'~ ObvioUsly, . ,becaUse, Qfthelate date !It which thCeval1iatiori waS,'completed I cOuld not preplll'ea' , '" , ,'. Compr~e!i8ive reprin. I should add thi1t I offered Jenelyn Ii signill\;lUltIy teduced fee aud nOted ':' .tbata comprehemiive repOrt would not be fOrthcoming~ Norietheiess, rwould like to put in . '...., ,writilig s01l1C9fthe major points oftb.eevaluation. ' , , .. ,', .' '.<:fliNt Of ~n; ~re::intcivi~ed ~ S~dle an".renelynShind1~ during this ptoces~.l also " '.' .' interVlewed Mich8e1 Friedt:ich;PhyHiS Sbindie. and Keny131ough, as wellasLalri'a and Kyle. ' , 'The chil~ iiornplet.edqUeStlolmaires leaarding ttieir pereeptionsoftlieii-PatentS;;" '. ". " ','" ", c~cies: I received school reCords for botJi of the childreri;. but, ~fot1:llnately; the, therapist "'. " wh()havej,een mvolvedwilh L\llli t~ly did.o.ot Se.ndthcir recOrds oftrcll:tmeni prior to the ' ;necessity df writing this letter. ' " " " , " . .'. ',,' ",:'" , "., " 'h' ',". -.,.~'- , 08-11-2003 09:32PM FROM GRIFFIE & ASSOCIATES TO 2406462 P. 09 " " 1,: , . Page 2 ,..... :.' .', . , , : . ,4\8 you know" the chil4teri are in the prilnary physical cUstody of their mother dUIirii the SQhOolycar. Their father sees themo~imaltemating Weekend basis,8$ well as during some of . tb.eboliday,S. lu Ule sunuuer, Ulecb.ildcen speud two-tl1irdsof their time With theu: father and' one:-third With ,their mother. Jenelin has tWo other smaIl childienftom het.rellitloriship With, Mr; ,Friedricb. MarkhaS no other clrlldrCm and lives with his motlWr ih Merc~!:l1irg. He is dating Kelly Blough, who has a four~year-old dallghter. Jenelyn lIIid Michael live in Herdiey and the' ,childien attend the Derry TownShipSchoo1s. They bave been there for the last two years, . . '. . . . . . .' . ". .:' .' . , . . , , }.-fark is requesting the pri.tnaiy custody of the chil~ be given to him dUringtheisch60! ' year. ~w:k stated that the childten would prefer to live with him. Accordillg to .Mark, Li!ura ha$ cO.ll.Slst~lt1y indiClil.t::d Ii prefeccllct> to live willi her father., H,ow~er, Mark repQrted that I<:yle ' 'would alSo prefer to live with bini. He indicated concern about the c1ii1dreD.=s school progress. ., , AccordIDgto Mark, the cbildren have been struggling in.school. He fe$ that he could better , ,prOvide :for ,theu: ed.\l.eational tl.el,\ds. Mm indicated tWj.t Jenelyn is unable to ~lp the children with th~ homework, whereal! he helps them on a frequent basis. Mink li.iso reported thai due to ' the presence oftlie two younger children in the household, Laura and Kyle do not get the' , .' i1.~tio~ they need. Additionally, Mark is unhappy that Lam-a is expected to paby sit the ' " , ", YoWig~ Child;ren in lieu.'ofmdre s~cial, age-appropriate activity. 'In fact, .Mark complained that the childi'cu lU,,^ ilwoived ill viitUally Iloextra-curri.cuhi.r activities at their mother=shome. " , ' , - . .' , , ", . . ", ,.' , , ".renelyn~oUid like the cliildren t() remain in ber physi.ca1 CUstody: sheiKlmitted that she " has cioniJid~d allowing Laura to live With her father j)ec9;use of the difficulties that they have " ' ' ,,"had fu their relationShip mid. b~liuse of her desire to livethere~Eowever, she is cOncerned that 'MIiii< will not be, atteritivdo ~,or Kyle=s n,eeds. Jenelyn reported tliatMark works a seCond: Shift'and would rely On his moth.erto raise the children. She also noted that Mail!: travels forhi~ ' 'jOb; although'she is uncertain as to how much and Iiow often. Jenelyn feels thatMlirk dc)es not ,. pruvidell ila.rUClun::d enviWnW~1 fuI' the childien. Rather, shebeliev-es tha.tthechildI:en have' 'fewruIesimd'litt1e diSciplirieaftheirfather=s home. .'" '.3'. . ,..' , " I, " ,,' :,,' ''-...,,,,: ':",: , "Page 3 . , '. . '."" . '. ..,' ~ ~ -~~,~~, ." 08-11-2003 09:33PM FROM GRIFFIE & ASSOCIATES TO 2406462 P. 10 " ',' .",. '" .,,: '. ,', . , ,." ...... ,;,;::..'" ",., Recommendations: " ' , '," ",'. Aftei evaluating all of the data that was presented,thli folloWing recommendlitio~~' '" ." offcrc~ ,Y DU willl10te th,l/.t thCl:t i5'lI very i~portantcO)1tingency ass9dated with the fust option " tlui1;'inmyopfuiOn;niustbenle~bi:forethittop~oriis taken; ,.,' ,,', , . , '>L , ',7',' ',.. :' , , . .' , ,', ' ,: '" . ': '. " :,tt is ~inmeiJdCdt1iattheC\iIil:'cmtschoOl Yliar scbedU:lebe ~cd(!lllqW41~the . ' , . , cl!ildreIi.to beWi.th theii nioth~ on altematmg weekends. :It is furtherrecoimrieiidedthat the parentBshate equally in all Of the schOol reeesstime, i.e. Th~sgivirig. Christmas and Spnng Br~.lt is recOlmnended thai the parents ShateciistOdy ofth~ childreh during the sutllmer " , mOnths on a week on/week offbasis~ ' " , . , . ;, " , ,/ '2.' If Mark ~rinabl~tOdem~trate ~ chaI!geinhis work scliedu1~ftom'2M~ l~ sliift,it ,,' , , " " " '" 'isre<<ommeridedthat the children, remain in their mother;;'sprimary Physical custody " 'during the schoolyear~'H~. it isrccOIDIIi~ded that tbechildren spend two of " .' every three weekendS with their fatherdUrlng that tinie:' The remainder, cifthe ' Ilc~e shOuId~ exactly as it currently exists. ' .' ',' , , ' " , . ',' .. " , ' . , ' ::. ,,,',' ;-'Jf' " , " ";PaOi'l:4; i , '::,~.:::':; ,,~ ..".T..:' " ' ., '. ' ". ., . '. . ": ,', ,." 3. " Regardless of the ~todial sehedcle, itis reoommeIl.d~dthat icyl~ un~go tiirllier , , " eValuation for the poasibility'of Attention De:q.citfHYperaOtlve Disorder and/or a .,," , l~g dis3bUitY. ,'Such an evaluation should b.e llble to be obtained tlW>~gh the , school'district in which he is enrolled. ' , .'.',' " 4.' 'B~thChil~ shou.ld be, in m:dividual Counseling. ,'The par~ts believe that the , , , childten ari!sufferillg With depression; Co_ling Will be benefieia:! to bellpthe:rn . ' " deal With thetnulsition,tO a new custodial!uTaiigenient.,or to !ielptbem de8l with ' remiuning ill. the ,cUrrent arrangem.ent. It is anticipated that bot,hparents woul~ have , c.;unllwl wilhlhll, c.;UWu;c:lur ~u I.hat: they could coQi:dinateeflbrtsto provide;' ' , ~~nS~cYfcn:~~:<ihil~~ ~~~011les~ ",:. ',y' . , ::.,~. ': ': . .,'. . .... . ,:,j,' ,'\.". , ". ';.L, ' "', ,: , ,,' , , ,,~" .:' >~ ." .'" . , , . , ,5.' It is recOmmended that Mark and Jenel:Yn aitendco"pil.reiit counseling' so, that they can ~~ . ~ .08-11-2003 09:34PM FROM GRIFFIE & ASSOCIATES TO 2406462 P. 11 ".' ..1,"" . ,':.' .', .' Il',' ' ,": .' " ..: . '.', , ". ".. . 1 hope ,that thcscltOOmmindations illow you to prepare questions fo~ 0\11" 11:00 A.M. , pho~ ciill. ' " , i ;, " :' .:. "',,',' " '." :,' "'::,'. "," '.. "',, " , .' '. ," .' , , , " . ' . " create mecliamsms to work togetherin the ca.rC of their children. 'Both,admittbatthefr, conununication is 'terrible and there has been no coordination and cooperation between tIIiern 011 qealing with child related issues. .1.' ' " " " " Sincerely, ' : '.: , :. , ArnoldT. Sljien:'Vold, 'Ph.D. ,,' f'," ,. . ": . ',"'., " .' .~ '1. " " " , . <1 ,.',' , " . . ': .. . ..' ",'" .. " , " " ' ,,'1:::. " "i'.~ -: '. ' 'L" ':' ,:', , , ~ '. l" . , , " ~ : : ".i" .;'. . .:'t.,''" , ' I ! . ; , TOTAL P. 11 ",'- "".j~ _ ~,__" w ,~,. -~,' '- ~,', ~, ,~ . ','. __""':.;'" ,:"'->^ '_',,',;.) l,_' " 'J"" _ -'" ":;'~,:",,,;,";, "',;'''''',~,,, .- ',"~",,~,,~ " MARK R. SHINDLE, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA v. : 00-4753 CIVIL ACTION LAW JENEL YN SHINDLE, Plaintiff : IN CUSTODY DEFENDANT TENEL YN SHINDLE'S PRE-TRIAL MEMORANDUM A. Defendant's Position Regarding Custody The Plaintiff and Defendant are the parents of two minor children, Laura Shindle age 13 (D.O.B. 5/22/90) and Kyle Shindle age 7 (D.O.B. 2/3/96). The Plaintiff and Defendant were married on November 27,1987 and divorced in early 2000. Defendant has been the primary caretaker of the minor children since birth. At the time of the party's separation there was a brief period of time when Laura lived with her father but this was ternporary and subsequently she was returned to her mother. In 2000 the Plaintiff filed a Petition for Custody. The parties were thereafter evaluated by Arnold T. Shienvold, Ph.D. and on April 16, 2001 his written report was issued recommending that the children remain in the primary custody of Defendant Jenelyn Shindle. Based upon Dr. Shienvold's recommendations this Court entered an Order on May 31, 2001 granting shared legal custody of the children to both parties, granting primary physical custody to Defendant and partial physical custody to Plaintiff ,.'.;",' ,', ,-" '~ ","' 'l" _'0 - "',_ _' '.~ .~', ':"0.' "":"";'''--'<,,' -~,'~ ".;c ~",,,,-,_ -- ";--,,:',,- .~ ~,-- - during the school year and dividing the summer with one week to mother and two weeks to father alternating. Easter, Thanksgiving, and Christmas were divided. Transportation was shared. Defendant submits that there have been no significant changes in the circurnstances since this Court's Order of May 31, 2001 and there is no reason to change the current custody arrangement. In fact, it is strongly in the best interest of the children to remain in the current custody arrangement living with the Defendant and her fiance. The parties have been recently reevaluated by Dr. Shienvold and his report has not yet been issued. B. List of Witnesses and Summary of Anticipated Testimony 1. Jenelyn Shindle - she will testify that the best interest of the children is to rernain in the current custody arrangement. 2. Michael A. Friedrich - Jenelyn Shindle's fiance. He has lived with the Defendant and the children for several years and will testify that Defendant provides a loving environment and necessary structure for the children and she is a loving, caring mother. 3. Arnold T. Shienvold, Ph.D. - Dr. Shienvold will testify to his 2001 evaluation and his 2003 evaluation of all parties. - ,. c' ,~~. ,. 0 . ,,"'^ -"', ~t,~,,'.""""_,., "" ,,- '_' ,",-~-i _~ ,.,.", '"" c "_' _,~'^ , 4. Reverend Joseph Gentlemen - Enola Emmanuel Church - the pastor of the church where Defendant, her fiance and the children attend on a regular basis. 5. Linda Jones - neighbor - Ms. Jones will testify to the good loving care provided to the children by the mother. NESTICO, DRUBY & HILDABRAND, L.L.P. BY:~~~ · ~~ R. Hildabrand, Esquire Attorney J.D. No. 30102 840 East Chocolate Avenue Hershey, PA 17033 (717) 533-5406 Attorney for Defendant J , ,,~-" " ~,'_v - ".- -o"~' ,',- '-,; ',,-,~" -, ,- ",,'.~" ,('; "\'-' "'~"" ~. i:?-," ';', '", , CERTIFICATE OF SERVICE I, Karl R. Hildabrand, of the law firm of Nestico, Druby & Hildabrand, L.L.P., hereby certify that on the f-- day of August, 2003, a copy of the foregoing document was sent via First Class U.S. Mail, postage paid, to the following: Bradley 1. Griffie, Esquire Griffie & Associates 200 North Hanover Street Carlisle, P A 17013 ~<:G?6~ ~R. Hildabrand r. t. August 8, 2003 Karl R. Hildabrand, Esquire Netico, Druby & Hildabrand, LLP 840 East Chocolate Avenue I Hershey, :rr A 17033 Bradley 1. Griffie, Esquire Griffie & Associates 200 North Hanover Street Carlisle, P A 17013 RE: Shindle v, Shindle Dear Attorneys, In preparation for our conference call this morning at 1 I :00 A.M. I thought you might want to read my recommendations and prepare some questions secondary to them. Obviously, because of the late date at which the evaluation was completed I could not prepare a comprehensive report. I should add that I offered Jenelyn a significantly reduced fee and noted that a comprehensive report would not be forthcoming. Nonetheless, I would like to put in writing some of the major points of the evaluation. First of all, I re-interviewed Mark Shindle and Jenelyn Shindle during this process. I also interviewed Michael Friedrich, Phyllis Shindle, and Kelly Blough, as well as Laura and Kyle. The children completed questionnaires regarding their perceptions of their parents= competencies. I received school records for both of the children, but, unfortunately, the therapist who have been involved with this family did not send their records of treatment prior to the necessity of writing this letter. PLAINTIFPS EXHIBIT 'O\I\\o~ \ pQ.'S> ,,,,...,,...,,,- - .- 11u.'. ~:' \ create mechanisms to work together in the care of their children. Both admit that their communication is terrible and there has been no coordination and cooperation between them on dealing with child related issues. I hope that these recommendations allow you to prepare questions for our 11 :00 A.M. phone call. Sincerely, Arnold T. Shienvold, Ph.D. ',,'--., \ MARK R. SHINDLE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00-4753 JENEL YN SHINDLE, Defendant CIVIL ACTION - LAW CUSTODY AND NOW, this 31 day of attached Custody Conciliation Summary Repo , 2001, upon consideration of the it is hereby ordered and directed as follows: 1, Legal Custody. The parties, Mark . Shindle and Jenelyn Shindle, shall have shared legal custody ofthe minor Children, Laura M. Shindle, born May 22,1990, and Kyle M. Shindle, born February 3, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's gemeral well-beiHg including, but not limited to, all decisions regarding their health, education anctl religion, Pursuant to the terms of Pa. C. S. S 5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent 'one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Neither party shall impair the other party's rights as to the shared legal custody of the Children. Neither party shall attempt to alienate the affections of the Children from the other party. Each party shall notify the other of any activity or circumstance concerning the Children that could reasonably be expected to be of concern to the other. 2. Physical Custodv. During the school year, primary physical custody of the minor Children shall be with the Mother. ' 3. During the school year, Father shall have partial physical custody of the minor Children in accordance with the following schedule: A. Alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 pem. B. At times mutually agreed upon by the parties. 4. Summer. To commence with the first Friday after school is out, the parties shall share the summer school break with the Mother taking one week followed by Father having two weeks. Through the summer, the parties shall alternate on a one week with Mother and two weeks with Father basis. The custodial periods shall run from Friday to Friday. The exchange time shall be 6:00 p.m. Mother's first custodial week of the summer shall begin on June 8, 2001. Father's first two custodial weeks of the summer shall begin on June 1-5, 2001. PLAINTIFF'S EXHIBIT ,~- ~ -~- ~.~. ~ , - . ~ ;uj j , No, 00-4753 5, The parents will alternate the following rnajor holidays: Memorial Day, Independence Day and Labor Day. The custodial periods shall run from 9:00 a.m. until 9:00 p.m. In the event that Father's holiday as designated herein coincides with Father's alternating weekend period of physical custody, Father shall simply retain custody of the Children on Sunday evening until 9:00 p.m. on the day of the holiday. 6. Easter. During the Easter season the parties shall equally share in the Easter school break by alternating the following two periods of physical custody: A. The period from 5:00 p.m. on the last day of school prior to the Easter holiday until 1 :00 p.m. on the Saturday before Easter. B. The period from 1 :00 p.m. on the Saturday before Easter until 9:00 p.m. on the last day of Easter school vacation. The parties shall alternate these periods by the Mother having the first period and Father having the second period in even-numbered years and the Father having the first period and Mother having the second period in odd-numbered years, 7. Thanksaiving, Thanksgiving shall be shared by alternating the following two periods of custody: A. From 5:00 p.m. on the last day of school prior to the Thanksgiving holiday until 1 :00 p.m. on the Saturday immediately following Thanksgiving. B. From 1 :00 p.m. on the Saturday following Thanksgiving until 9:00 p.m, on the last day of the Thanksgiving school vacation period. The parties shall alternate these periods by Father having the first period and Mother having the second period in even-numbered years-and the Mother having the first period and Father having the second period in odd-numbered years. 8. Christmas. Christmas shall be divided into two segments: Segment A is from December 24th at Noon until December 25th at Noon, Segment B is from December 25th at Noon until December 26th at 6:00 p.m. These segments will alternate year by year between the parties and will begin with Mother having Segment A and Father having Segment B in odd- numbered years. In even-numbered years, Father will have Segment A and Mother will have SegmentB. The balance of the Christmas school vacation will be divided equally between the parties. 9. Mother's Day/Father's Day. Father shall have custody on Father's Day from 9:00 a.m. unt!1 9:00p.m. and Mother shall have custody on Mother's Day commencing at 9:00 a.m. 10. The holiday schedule shall take precedence over the regular custody schedule. ~-~ .~.." "' . 'Ii j \ No. 00-4753 11. During any period of custody or visitation the parties to this Order shall not possess or use any controlled substance, neither shall they consume alcohol beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or household guests shall comply with this prohibition. 12. Each parent shall be entitled to reasonable telephone contact with the Children when they are in the custody of the other parent. Neither party shall impede telephone contact between the Children and the non-custodial parent. 13. Neither party shall permanently relocate if the relocation would necessitate a change in the visitation schedule or if the relocation would exceed a fifty-mile radius without a minimum notice of sixty (60) days to the other parent. These sixty (60) days notice is designed to afford the parent an opportunity to renegotiate the custodial arrangement or to have the matter listed for a Court hearing, 14, Transportation. While the parties are following the summer schedule, the parties shall share transportation by meeting at the State Police Barracks off of the Plainfield Exit of Route 81, During the schoolyear, Father shall provide transportation so long as the Mother continues to reside in Enola. In the event that Mother would relocate with the Children at a , distance from Father that is greater than that presently exists (between Shippensburg and Enola), the parties shall share transportation and the custodial exchange point shall be at the K-Mar! on Route 11 North at the Summerdale Plaza, 15, In as much as the parties have resolved their custody dispute at the Custody Conciliation Conference, the hearing in this matter previously scheduled for June 28, 2001, is hereby canceled. BY THE COURT, ~!"rkt,rj3 ~!I Dist Bradley L GI'iffie, Esquire, 200 N. Hanover Street, Carlisle, PA 17013 Judith A. Calkin, squire, 2201 N. Second Streel, Harrisburg, PA 17110 ..-oil ~.' - , ';;"";"'u"".~, , Apr 10 03 10:43a Ken Calkin 717 6526624 p.2 , :t)4 Ri~er. Shienvold , . & Associates . Elliot Riegler, Ph.D. (1948-1999) Arnold T. Shienvold, Ph.D. Metinda Eagh,' Ms 1_1!asb, LSW MkbaeIl. ABken, Ph.D. BOIUIie HoWll1ll, Ph.D. Amy K. ICeisJing. ACSW, LCSW. BCD Thu:y Richatds, QCsw, LCSW Don Lawreoce, LSW Dyanne Seymore,QCSw, LSW . .1eftiey Pincoa. Ph.D. Ann VergaIeS. ACSW. LSW. BCD April 16, 2001 Brad Griffie, Esquire 200 No. Hanover St. CarJi6Ie, PA. 17013 Judith 9dkin. Esquire 2201 No. 21lll St. Harrisburg, PA. 17110 Dear Attorneys; Enclosed please find the custody evaluation completed by Dr. Shienvold regarding your clients Mark Shindle and Jenelyn Shindle. Please feel free to contact Dll'. Shienvold if you have any questions regarding this report. Sincerely, RIEGLER, SlllENVOLD &; ASSOCIATES , ck?dtl ~andy K~e DEFENDANT'S EXHIBIT Encl. e \11 \o~ ' ()Q... s Fax: (717) 540-1416' (717) 540-1313 . 2.151 'Linglestown.Road, Suite 200. Harrisburg, Pennsylvania 17110 - ~ '~-- "~ ~ ~ L Rpr 10 03 10:43a Ken Calkin '11'1 6526624 p.3 SI RieglereShienvold 'VI & AssociateS , Custody Evaluation Elliot Riegler, Ph.D. (1948-1999) Arnold T. Shienvold, Ph.D. , Melinda Eash, MS J_Eash,l.SW Michael J. AskeD, Ph.D. Bonnie Howard, Ph.D. Amy K. KeIsling. ACSW. LCSW, BCD TraCy Ricbalds, QCSW; LCSW Do.o:Lawrenl:e. LSW DyllllDe Se)'lllOte. QCSW. LSW Jeft'rey Pincus, Ph.D. Ann Vergales. ACSW. tsW. BCD Mark R. Shindle v. Jenelyn Shindle Referred By: Mutual consent of the parties Referr81. Reason: To conduct a comprehensive custody evaluation and to make recommendations regarding the most appropriate custodial. arrangements for Laura Muzar Shindle, OOB 5/22/90, and Kyle Muzar Shindle, DOB 2/3/96 Individual Interviews: Jenelyn Shindle 2/16/01,3/9/01, 3/26101 Mark Shindle 2/6/01,2/23/01,3/9/01 Laura Shindle 3/19/01, 3/27/01 Michael Frederick 3/22/01 Psychological Testing: Minnesota Multiphasic Personality Inventory-2 (MMPI-2) *Mark Shindle *Jenelyn Shindle *Michael Frederick Bricldilll. Perceptual Scale (BPS) *Laura Shindle Home Studies: Observations were conducted at each parent's residence in order to assess the safety of the living environment and to evaluate interactions of the parents with children in the home Parent-Child Interactions: Each psrent was observed interacting with the cluldren in the office setting Additional Information: I. Letters from Mr. Griffie dated December 7, 2000 and February 9, 2001 to Dr. Shienvold Fax: (717) 540-1416. (717) 540-1313.2151 Linglestown Road, Suile 200. Harrisburg, Pennsylvania 17110 -,-~ -~ " - ~, . "x ^ L,. ,~-,-.t; , Ap~ 10 03 10:44a Ken Calkin 717 6526624 p.4 Shindle v. Shindle, Page 2 '2. Letter dated Feb,:uaty 12, 2001 from. Marian Bova, MS, DC, Readjustment Counseling Therapist for Matt Shindle regarding his C01lllSellng at the Vet Center 3. Order Of Court dated November 30, 2000 4. School records fur Laura were requested but never received The recommendations at the conclusion of Ibis report are based on all of these sources of information. BflCkground: Mark and Jenelyn met in the Philippines in 1987 while Mark was stationed there. He had been in the Air Force since 1983. Wrtbin six months after they met diey were married on November 27, 1987. Mark was then slationed in Japan for a year until he was re-assigned to Florida. It was while he and Jenelyn lived in Florida diat diey conceived Laura. AI1hough not a planned pregnancy, both were relatively happy to be having cbiIdren. Jenelyn had some concerns because she was so young. She was also lUlcertain because sbe felt that her mother-in-law resented the fact diat she was Filipino. In general, the marriage was progressing alright prior to die birth of Laura. Jenelyn. indicated that Mark liked to "go out with his friends," but prior to Laura's birth she would accompany him. Mark related that there were differences between them, but they were fairly happy. He felt that she had a bad temper, but he was "too blunt and bard-beaded." It was shortly after Laura's birth that Mark went to die Mideast for 7 months to participate in Desert Stonn. Upon his return, Mark decided to leave the Air Force and he and Jenelyn returned 1to Pennsylvania. They initially resided in Liverpool and then moved to Newport It was after Iheir return to Pennsylvania that the marriage began to deteriorate further. Mark began to attend die Electronics Institute in Middletown. He also worked part-time. Jenelyn. was not working outside of the home at that time. Jenelyn was bored and began working at Icelandic Seafood Company on the third shift. By working a third shift the couple could manage without significant child care expenses. Kyle was conceived and born during Ibis time. , A'pr 10 03 10: 44a Ken Calkin 717 6526624 Shindle v. Shindle Page 3 It was after Kyle's birth iliat Jene1yn became most upset with Matk. She did not feel that he spent enough time with her or that be was helping enough with the children. Aooording to Jenelyn, Mark would constantly go hunting or fighi11g Or, he would go off with friends and not inform. her of where he was going. She complained that he called her a "bitch," or "Hitler," Mark felt that he was constantly being nagged. He thought that he was trying tu do as she wanted, but it was never enough. He stated, "She wanted me tu be a doormat" Mark reported that he was very stressed, experiencing headaches and he was frequently crying. In 1997 Mark left the home briefly with Laura, but then retumed to attempt a reCOlllciliation. Shortly thereafter, Jenelyn left with the children tu a friend's house. Mark was able tu get temponuy custody of Laura, but Jenelyn maintained custody of Kyle. An arrangement was made whereby once Jenelyn established some residential stability, she would get custody of the children. Therefore, in August of 1998, Mark began to get alternating weekends with the children and their primmy residence became their mother's hODie. At the time, Jenelyn was living in HmnmeIstown. The family home, in which Mark had continued to reside, was lost in a bankruptcy. Mark switched jobs several times, including a brief period when he went tu Philadelphia. Currently, Mark lives with his mother in Mercersburg and Jenelyn resides in Enola. It is Mark who is requesting a modification of the current custodial arrangement. It is Mark's feeling that the children's best interests are served by them residing primarily with him. Mark reported that the children '\vant to live with me." Mark indicated that the children tell him that their motll1er is mean to them. According to Mark, Jenelyn "hits" the children and has slapped Laura in the mouth, simply for "talking positive about me." Mark reported that the children are not allowed to call him on the telephone and there are no pictures ofhim allowed in their mother's home. Mark believes tbathe can be of greater assistance to his daughter in school than can JeneIyn. Mark was upset when Jenelyn moved to Enola in the middle of a school year without notification to him. JeneIyn also placed Kyle in a preschool without his permission. Mark indicated that JeneIyn will not share medical or dental information with him. Finally, he is concerned that Jenelyn is trying tu replace him as the children's father with Michael Frederick. According to Mark, the children are required to call Michael, "Dad." Jenelyn is opposed to a change in the custodial arrangement. She reported that Mark bas a difficult time communicating with her. According to Jenelyu, he will constantly harass her and argue with her in front of the children. Jenelyn reported that the children are never forced to call Michael, "Dad." On the contrary, Michael bas tuld ,'''M' " p.5 ,'~ , Rpr 10 03 10:44a Ken Calkin 717 6526624 Shindle v. Shindle Page 4 the children that he is not their fatber. On occasion the children have referred to him as "dad," Jenelyn feels that she has always served the role of primary eare-giver. She reported that when they were together, Mark did little to help with the children. As mentioned above, that was one of the main reasons that she left the relationship. Jenelyn was not sw:prised to hear that Mark felt Laura wanted to live with him. It is Jenelyn's opinion that she is far more strict than MaIk When Laura becomes unhappy with the rules of the house, she will state that she W'lIIlts to go live with her fafher. For exaDlJPIe. Laura is not a1lowed to go outside and play until she bas finillhp.d her homework. When Jenelyn atrempllS to enforce that rule, Laura will say, "I hate it here." However, Jenelyn denies thatthe children ever state overtly that they want to live with . their father. On the other hand, Jenelyn stated that she wants Laura to be happy. It depresses her when she hears that the children. do not want to live with her. Jenelyn feels that the children have a good life with her and Michael. She reported that Laura's grades have shown improvement She indicated that Michael has been helpiJng Laura with her homework, especially in math. She also reported that she and Michael take the children to Church every Sunday. Jenelyn indicated that the children have friends at school and in the new neighborhood. She is concerned that when the cbildren return from a weekend with their father they are mOle prone to misbehaving. Even Kyle has begun to say he wants to live with his father, following a weekend there, becanse he can do more things thCle. According to Jenelyn, he is referring to the fact that he can run in the honse, jump on tine furniture and get away with more things. Lama is also more prone to talking back and treating Michael disrespectfully after a visit with her father. Jenelyn has attempted to talk with Mark about these issues, but he refuses to do so. Analysis and Recomm.endl1tions: There have been multiple aIJlegations regarding the children and their interactions with each parent Feedback from. the children is interesting with respect to some of these allegations. For example, neither Laura or Kyle report that they are required to refer to Mike as their father. On the eontrmy, their mother and Mike tell them to call Mike by his first name. There has been only one occasion when Mike indicated that Laura and Kyle are his children. That occasion was wi1hin the context of Mike having a conversation with someone else. ~"~ " ~~~ ~!!) p.6 . Apr 10 03 10:45a Ken Calkin 71? 6526624 Shindle v. Shindle Page 5 In her interviews, Laura reported that she would prefer to live widi her father. Part of her reasons for doing so has to do with the many "unfair" rules that her mother.bas at her honse. Laura noted that her mother will not allow her to go outside until she has completed all of her homeworlc. Another rule that Laura resents is die fuet that she is required to wear a jacket outside so that she does not get ill. Laura resents that her mother will not allow her to go swimmillg for several days after she has been sick. . Finally, she believes that it is unfair that she is not allowed to run and jump in the house. Interestingly, Laura admitted that her mother frequently talks to her about !he mles so that she will understand them. Additionally, she expects Laura to obey the rules not only at ber house, but also at her tither's home. When she does not fonow the rules she is generally grounded. Her father also grounds her when she does not fonow mles. Both of her parents have spanked her, but she admitted that her mother has slapped her in die mouth. It seems that has occurred when Laura has yelled at her mother 1hat she will "go to live with her father." One gets the impression that she is being punished in response to being disrespectful Laura reported that both of her parents get impatient with her. Laura reported that when her parents lived together her modier did many more things with her and took care of her more orten: She reported that her father liked to go fi!lh~. Additionally, her father did not like to go far from the house and he disliked going to malls. Laura's father has told her that her mother spends his support money on her sister, Lachele's, babysitter. She does not believe that is fair. In general, Laura likes her little sister. She sometimes helps care for her and she likes to play with her. What Laura doesn't like is that she must be quiet, at times. because Lachele is sleeping. Laura also likes Mike. She reports that he is usually nice. He plays with her and will help her with her homework. She does not like when he puts her in her room for not doing her homework, or not cleaning her room. Laura feels that sometimes he is "moody." Laura reported that her father and grandmother say mean things about her mother. It is clw to her that her grandmot1l1er does not like her mother. She is not sure why, but believes it could be because her father doesn't like her mother. Her father has told her that her mother is prejudiced and that he doesn't like that. Laura's mother has said to her that her grandmother doesn't like her because she is from a different country. Mark has told Laura 1hat if she were to choose to live with her mother it would "hurt bis feelings." She knows that her mother would also be sad, but she has not said that to Laura. Laura clearly loves both of her parents. She is torn over this situation, but has aligned herself with her father. However, her father has shared far more infonnation with ~,' ';:;i,:"'r, p.? _, _,~., ~ 0.'- . ~pr 10 03 10:45a Ken Calkin ?1? 6526624 p.8 Shindle v. Sbindle Page 6 her, put subtle pressure on her to choose to live with him and made assumptions about her living situation that are not accurate. There are clearly positive reasons that Lama would like more time with herfatber. She finds tbat her fadler will do more outdoors things with her. Mark does not scream. at her as much as her mother does, and she loves the animals she has at her &ther's home. Additionally, Mark displays attention and affection towards Laura in a very appropriate and positive manner. The aforementioned alignment is appaTel1t in her Bricklin Perceptual Scale. On that iIIlstrument, Lama scored 14 items in her 1itther's direction, 12 in her mother's direction and there were six ties. The overall scores were very close. Overall, Laura perceived her mother as being somewhat more competent than her father in being generally able to care for her, she perceived her parents as equally supportive of her, she perceived her mother as being more likely to consistently apply rules, but saw her 1itther as beJing more trustworthy. This latter point may be an issue of the more focused attention she receives from her fatIher and also as a result of the many perceptions Mark has shared with her about her mother. Kyle was somewhat more <lIifficult to interview. He did not have a difficult time separating from either ofhis parents, but mAinlAinil\g his attention for a long period of time was not possible. Kyle was somewhat aware of the custody schedule and expressed no particular dissatisfaction with it He stated, "Daddy told me I want to live there." He then stated that he would miss his mother if that happened. He reported that both ofhis parents spank him. His father says "bad" 1bings about his mother, but his mother does not say "bad" 1bings about his father. Kyle also indicated 1hat he likes Mike. Mark's psychological profile is consistent with an individual who is depressed and anxious. The depression appears to be of moderate intensity. It affects his ability to enjoy life and his ability to feel good about himself. Mark experiences physiCal symptoms secondary to the depression and anxiew he experiences. Additionally, he is resentful and hostile secondary to his cmrent situation. Individuals with his psychological profile are often perceived as being over-sensitive. These men show a distinct dislike for social. interactions and large groups of people. Many have significantly poor social adjustment These men possess many paranoid thoughts. They are guarded, dissatisfied and will worry about minor problems. These men generally fimcti.on well in their everyday lives, i.e. at work or within the home. However, 1hey tend to significantly limit the amount of individuals with whom they will have contact. It should be noted that Mark's therapist with 1he VA diagnosed him with untreated Post Traumatic Stress. "", ' .'" ",~','~. " . Rpr 10 03 10:46a Ken Calkin 71 7 6526624 p.9 Shindle v. Shindle Page 7 Jenelyn's profile is valid and indicative ofa woman who is somewhat reluc1ant to admit psychological problems. Similar women will show a lack of insight into the extent of some of 1heir distress. However, they are also effective in their everyday functioning. The profile suggests 1hat Jenelyn experiences anxiety and wony seconda1y to the current situation. She is likely to be generally perfectionistic, methodical and orderly. Women with this profile are usually active and energetic. Jenelyn can also become self-critical and wony about meeting obligations. Mike Frederick presented as a reasonable and cooperative 27 year old man. He currently works for Snap-On Tools and attends Harrisburg Area Cllmn'l1uUty College. Mike is 'from Hershey, where his family continues to reside. He appeared very open during the interviews. Mike reported that he and the children seem to get along fine. He does not attempt to act as their father. In fact, Mike understood that the children wanted robe able to see more of their father. . He feels that it is unfortunate that Mark lives so far away and that he works a second shift at his work. Mike perceives Jenelyn as aearing and supportive mother. She is consistent in her application of rules with the children. Mike denied smoking or using drugs. He drinks socially. Mike has been arrested on one occasion for a simple assault charge in 1998. The charge had nothing to do with the cillildren or Jenelyn. Mike was treated for depression when he was in lOth grade. He is an adopted child who spent time in a foster home. He has needed no further trea1ment. He feels he gains tremendous strength from his religious believes. Mike's MMPI-2results are valid. His profile indicates some defensiveness arOWld admitting to psychological problems. This may be a result of the nature of this evallll8tion, or it may be the result of psychological naivete. These men are extroverted and socially comfortable. They are verbally expressive and clear thinking, However, they may have relatively high needs for affection and attention. There are no diagnoses associated with this profile. The resullll of this evaluation support the continuation of Jenelyn's role as primary custodian. Jenelyn has done a relatively good job in caring for these children and acts in their best interests. She is not a perfect parent. There are times that she has become frustrated with the children and used corporal pqnisbment with them. Additionally, she has reacted negatively to Mark in front of the children. However, she has generally tried to correct any negative action tbat she has taken. For example, the cbildren reported that - ~ . , . ~^ . Apr 10 03 10:46a Ken Calkin ?1 7 6526624 ShiIuile v. Shindle Page 8 they are now allowed pictures of their father in their room. Mike appears to be a strong support for Jenelyn with the childJren. He accepts his role as complementary and has not atkmpted to usurp the father role. Mark loves his children and wants to be involved with them. There is no indication that his physical interactIons with the children are problematic. He is helpful to them with their homework. enjoys playing with them. is gentle and affectionate. However, he does not do a good job of keeping his negative thoughts and feelings about their mother .from the children. Additionally, he indirectly asks the children to care for his emotional needs by making them feel badly about a desire to be with their mother. Mark has a difficult time communicating in a meaningful way with Jenelyn about the children. He tends to see her interactions with the cbiIdren as uniformly negative. For that reason, he misinterprets the children's needs and Jenelyn's decisions. Mark. is signifioantly depressed and in need of on-going counseling. His depression significantly limits his enjoyment of life. Additionally, his limited social access puts him into the position of needing to have some of those ~ met by his ohildren, especially Laura. Mark needs to deal more effectively with his own emotional turmoil and get greater satisfac1iOlll from his life without relying on the children. With respect to specific questions asked in Mr. Griffie's April 12 letter regarding this evaluation the following answers are offered. #1. The children need to begin to become involved in extra-curricular activities. Jenelyn stated that the combination of uncertain~ over final cust<ldy and the recent moves have made making a commitment to activities difficult. She indicated that once a final custody decision was made she would enroll the cbiIdren into activities. #2. The children did not talk specifically about 1hese incidents. but corporal p.mi..hrnent was addressed in the report. #3. Part of the reason Mr. Shindle is having difficulty getting Laura to return to her mother is inherent in how Mark is interacting with the children about their mother. It would be helpful for Mad<: and Jenelyn to discuss more effective ways for the ttansitions to take place. However, Matk needs to be positive about his ex-wife and her interactions with the children. He also needs to support the way that she structures her household. JeneIyn needs to make sure that she is not negative about Mark so that the children will not feel a need to defend their father. #4. Tbe children have reported that both parents limit phone contact, at times. Phone contact should not be used as a means of punishment, but given the fact that phone oalls are long distance, a more regular scbedule of contact should be arranged. #5. This issue was addressed above. #6. Tbe children did not indicate a dislike of Lachele. On the contraIy, they seem to like their little sister. The problem. is in their , ',__,~_c p.10 A~r 10 03 10:47a Ken Calkin 717 6526624 p.ll !Ulilldle v. Sh:ilidIe Page 9 m$like of some of the changes in the rules of the household secondary to the in1roduclion of a baby into the family. It will.lbe helpful for Mark ro help the chiIdren unders1and the needs for these changes, and that they are temporary. lenelyn must recognize the importance of still spending alone time with all of the chiIdren. IfMalk were closer in plOlUmity to the children, greater time to be wilh them would be recommended. His distance from them, his particular work schedule, and bis current psychological status do not lend lhemselves to many possible options for this arrangf""'Wt Additionally, his mofher's apparent prejudice against Jenelyn does not make her a figure who should get a considerably greater amount of time with the children. Therefore, no changes in the particular schedule are recommended at this time. l./ fi(,lbl Dated {2,f>. ;2;.wdl Arnold T. Shienvold. Ph.D. .., - ~. . 'f1pr 10 03 10:43a Ken Calkin DATE:~'f~ 'OJ lOO "> TO: D\~ '(\ e ~e. \<. J)Y" FAX #: ~ '1 J '1 ,(!') L PHONE # FROM: Judith A. Calkin FAX #: (717) 652- 3666 PHONE #: (717) 652-6624 CONCERNING:, :s\." '-\ a \ "<- <t-pO'j .pJ 717 6526624 Judith A. CaIldn, Esquire Custody Conrerence Officer 4139BeaufortHuntDrive - HarrisburgPA 17110 (717) 652-6624 FAX (7\ 7) 652.3666 - .' ,"'.dJl- p.l ., " '0. ,C 1'11_ , "V-I""'_'~' '"",'""', "~'"'~"""_"".' "'. ',.'_',,' .'.Iii" ",-,";:" """_ ,,_, .~"'"_:.,, >Ie I SHINDLE, LAURA ID 000993987 "'''''':''''!"''--'-''-'''"'!MI'+';~:",'ifu~;,iJli!~L,<j"__""",''-'b''V~'''''''';;,,d,~,",t":,, .- ,"~I "H",,~--" Class ;07 MIDDLE SCH 6/13/03 MARKING PERIOD 4 Student No 9939 Pd Subject .______________..~______________________________________________________________~___.__M__ Teachel" MP1 MP2 MP3 MP4 FIN C41 C42 __._____;-______....._______________________________________________________________M_____ 01 01 01 02 03 04 5/>, 613 07 08 08 08 08 PE 7 GIRLS ART? , ftlEAl.JTH 7 l"REN~,H 7 SCIENCE 7 ENGLISH 7 CHOR\JS 7 GEOQRAPHY PREALGEBRA 7 TECH ED 7 MUSIC 7 FCS7 COMPUTER 7 MS MR MR MS MS MS MR MR MOl MR MR MS MR 02 COMMENT DESCRIPTIO 02 COOPERATIVE 03 HAS 'A GOOD ATTI VDE 17 IS CBURTEOUS TO ARD Message: MP1 ABSENCES MP2 ABSJsNCES MP3 ABSctNCES MP4 ABSJ::NCES ~ Enl"o led Enl"o ed Enl"ol d Enl"olle 1. 000 2.000 2. 500 d . OO~~ ~'Ir' A,rf! ,'jll:lV So STUDENT COpy Attended Attended Attended Attended 44.000 day 44.000 day 42. 500 day 45.000 day DEFENDANT'S EXHIBIT !~ Blr:3103 pi.';' EDUCATION WORK HISTORY January 2, 1994-Present August 23, 1993- January 28, 1994 January 2, 1990- April 2, 1993 _,J""" - ~ "- SUE A. DAY 1(i9 Highland Road Chambersburg, PA 17210 (717) 261-9741 MASTER OF FAMILY THERAPY Southern Connecticut University PATHWAYS COUNSELING SERVICES 550 Cleveland Ave. Box 16 Chambersburg, Pa 17210 Provide psychotherapy to families, individuals, children and couples. Work closely with referral sources, including physicians, teachers and psychiatrists. Case presentations in a group model and also with a licensed supervisor on a regular basis, Owner/Director, FORT RITCHIE, MD. ALCOHOL AND DRUG ABUSE PREVENTION AND CONTROL PROGRAM Provide psychological treatment and consultation services to alcohol and drug dependent military and civilian personnel, retirees, and family members in initial treatment, while undergoing rehabilitation, and during follow-up care. Provide day-to-day clinical supervision to the counselor assistant staff as directed by the clinical director. CHILDRENS HOME OF CROMWELL Cromwell, Ct Individual, group and family therapy to boys ages 8-11, in a residential treatment facility with varied long term goals as proscribed by DCYS, including foster placement, adoption and family reunification. Clinical assessment and family treatment planning for long term goals. Treatment team leader, coordination the behavioral objectives with the Learning Center, the Residential Unit, the Medical Department and DCYS. " ' .'-,"", j PLAINTIFPS EXHIBIT ,'. ~', <' , ~" , Sue A, Day, MFT WORK HISTORY (CONTO) August 1989- December 1989 OLD SAYBROOK YOUTH AND FAMILY SERVICES Internship. Counseling individuals, couples and families and providing group for single parents, October 1988- June 1989 PROJECT SOFTEN West Haven, CT Practicum placement. Working in West Haven School District as a counselor of children referred as being at risk. Elementary and Middle School settings. June 1980- February 1988 DAY DENTAL LAB Wallingford, Ct Duties included organizing the office on a part-time basis, Bookkeeping duties and involvement in the production. HOBBIES Reading, swimming, walking and sewing, Contact Hot Line Volunteer REFERENCES Upon request. ~. Sue A. Day, MFT CiJrriculum Vitae 04-20-90 CONSTRUCTIVE SOLUTIONS IN BRIEF THERAPY University of Connecticut, Farmington, Ct Steve DeShazer 05-25-90 DANCING WITH THE F AMIL Y University of Connecticut, Farmington, Ct Carl Whitaker, M.D. 06-04-90 RECLAIMING LOST CHILDHOOD White Plains, N. Y. Claudia Balck, MSW, Ph.D. 08-08-90 CLINICAL INTERVENTION IN CHILD SEXUAL ABUSE West Lebanon. N.H. Forensic Mental Health Associates 09-24-90 TREATMENT OF ADULT SURVIVORS OF SEXUAL ABUSE: TREATMENT OF MALE VICTIMS AND ADULT OFFENDERS Marlboro, Ma 03-01-91 CREATIVE INSIGHTS INTO GROUP LEADERSHIP: A SKILLS ORIENTED APPROACH AmericlIll Healthcare Institute 03-15-91 ARE WE NEGLECTING THE CHILDREN? REDISCOVERING OUR YOUNGEST CLIENTS? Washington, D.C. Network Symposium 05-08-92 HARNESSING COMPETENCE IN FAMILIES Litchfield, Ct. David Waters, Ph.D. 07-20-92 & 07-21-92 TREATMENT PLANNING CADAC Institute of Addictions Middletown, Ct . ~ ",. .' \'t'_ ~ -~ - .' ~ Sue A. Day, MFT 11-08-92 ADVANCED TECHNIQUES IN PSYCHOTHERAPY Boston, Ma Dr. G. Stanley Gardner 02-05-93 & 02-06-93 PSYCHOTHERAPY WITH CHILDREN A GESTALT THERAPY APPROACH WITH CHILDREN AND ADOLESCENTS Boston, Ma Violet OakIander, Ph.D. 03-20-93 LEGISLATIVE ALERT: LEGAL ISSUES FOR MENTAL HEALTH PROVIDERS Middletown, Ct Presented by local attorneys and mental health professionals 05-20-93 SEXUAL ABUSE OF CHILDREN: EFFECTIVE IDENTIFICAION AND INTERVENTION Wilson College, Chambersburg, P A 10-04-94 BREAKING THE CYCLE OF DOMESTIC VIOLENCE UMBA School of Social Work Baltimore, Md Harriet Douglas, MSW, LCSW 11-04-94 THE HYPERACTIVE CHILD: DIAGNOSIS AND TREATMENT AT HOME AND SCHOOL Lighthouse Restaurant Chambersburg, Pa Central Penna. Psychiatric Institute CPPI Sue A. Day, MFT 05-04-95 11-03-95 thru 11-06-95 10-02-97 11-06-97 11-13-97 01-28-99 03-08-99 I 6'~ W' " ANXIETY DISORDERS: DIAGNOSIS AND TREATMENT UMBA School of Social Work JBaltimore, Md Scott Spier, M.D. ANCHORING FAMILIES, BUILDING COMMUNITIES AAMFT CONFERENCE Baltimore, Md Included: How to Develop Brochure Maximizing Utility of Child Custody Evaluations Wounded Hearts: Restoring Trust in Couples Blending Ethics, Public Policy & Law UNDERSTANDING AND TREATING BORDERLINE PERSONALITY DISORDERS USING DIALECTICAL BEHAVIOR THRAPY Lancaster, P A Charles Swenson, MD and Cedar Koons, MSW J&K Seminars...Family Services RELATIONSHIP ENHANCEMENT COUPLE~F~ILYTHERAPY Continuing Professional Education UM School of Social Work Robert Scuka TREATING CLIENTS ON MEDICATION American Counseling Association Ronald Koshes. MD THE MANY FACES OF GRIEF- HOW TO HELP OTHERS THROUGH LOSS Harrisburg, P A Carondelet Management Institute CRITICAL INCIDEN STRSS MANAGEMENT AND DEBRIEFING Family Services, Lancaster TJ, Titcomb, MC - """"" Sue A. Day, MFT 03-12-99 CRISIS INCIDENT DEBRIEFING TRAINING Pathways Counseling, Chambersburg, PA 03-06-00 UNDERSTANDING AND MANAGING ANGER Mind Matters Seminars, Dennis A. Marikis, PhD. 03-31-00 THE POSSffiLE THERAPIST 23rd Annual Family Therapy Network Symposiwn Richard Simon 11-08: 11-09-01 RESTORATION OF INTIMACY AND SPIRITUALITY Arlington, VA Pia MeIlody, RN,ABCAC ahd Terry Real, LICSW 01-18-02 CULTURE, CLASS, RACE AND GENDER University of Md. School of Social Work Monica McGoldrick, MA, PhD ,-~~ - . , -" ~ , 'I"~ THE DOCTORS' COMPANY PROFESSIONAL COUNSELORS PURCHASING GROUP '10/04/02 Marriage and Family Therapists Professional Liability Policy *** RENEWAL *** NOTICE: A SMALLER LIMIT OF LIABILITY APPLIES TO JUDGEMENTS OR SETILEMENTS WHEN TIlERE ARE ALLEGATIONS OF SEXUAL M1SCONDUer (SEE THE SPECIAL PROVISION "SEXUAL MISCONDUer" IN THE POLICY). DECLARATIONS POLICY NO: MFL-8Q04111 ITEM I, NAME AND Ai)DRESS OF INSURED: ACCOUNT NO: PA-DAYS121-0 0178996K ADDITIONAL NAMED INSUREDS: SUE A. DAY C/O PATHWAYS CNSLG.SVCS. 169 HIGHLAND ROAD CHAMBERSBURG, PA 17201 I' ITEM 2. ADDITIONAL INSUREDS: ITEM 3, DESCRIPTION OF BUSINESS ITEM 4. POLICY PERIOD: Individual FROM: 11/01/02 TO: 11/01/03 I2:01A.M, STANDARD TIME AT TIlE ADDRESS OF TIlE INSURED AS STATED HEREIN: ITEM 5, LIMITS OF LIABILITY: $ 1 , 000 , 000 EACH WRONGFUL Aer OR SERIES OF CONTINUOUS, REPEATED OR INTERRELATED WRONGFUL AerS OR OCCURRENCE 3,000,000 $ AGGREGATE ITEM 6, PREMIUM SCHEDULE' ,.,. '.... CLASSifiCATIoN ..... ..,., NUMBER .'l~ATE.;....; ., ANNUALPREMlUM PROFESSIONALS 1 246. 00 246.00 TOTAL PREMIUM: 246.00 ITEM 7. POLICY FORMS AND ENDORSEMENT A TIACHED TO TIllS POLICY: PCPGMFT002 (2/00) PCPGMFTOOl (02/00) PCPGMFTMHCIOIPA 2/00 TillS IS NOT A BILL. PREMIUM HAS BEEN PAID. , ,~~ "~'" u , ~"",~" ,', \\ i, /" .',,:^'" ,-,'. ~:..' '::": .." . ,'.-,. ~ !iG~::')\\J:~~~~~St~i~~' :' ~, ~.~~ve Marriage and Family Therapist ',' w. " Il)j.ialLicense Date 01/19/2002 SUE ANN DAY 169 HIGHLAND ROAD CHAMBERSBURG PA 17201 License Number MF000004' Expiration Date 0212812005 . ,", ,~ - ~, : :',,:',,--,,' ,': . , ," ",:",.., :,.-: ::",: '~J_'.~"IJr~<~~0 Deputy, Commi~one~pf-Profe.ssional ~~' OcCi\lpatiQpaJ.' Affar) ,;':= :,",",,' ":--'<'> .'<" ':', "'" \ /"- ,......-/ == ~ '"l '" ~ ~ =- ~ .. ., ~ ., ~ .. ~ t!I!.l lD N ~ ... I ~ ("'J =- '" =: =- =- .... C ttI>al1i'''' C ~('lll I II =- ~W~W ("'J ~ l<i~ ~ .. 6" = ~ ~ ''S. a ;- ..., S'-< ~~~ ('l...ml '"l ~ 0 !?o I 8 Ei ~ t'l1ii ~ = iq ~ S g. ~ ~ ~~ '" ::\" "Pd ~ [ '" ~. g. ... I' o ~ .. '"l 0"~1l'." " '" .. Q. .. 2' f~' ~.i ~ <1'" ~ " ... 0 '" .. '"l g.~ 0 lD ~ S' g. =- I~l .. tl tl > ~ ~ ~ ;:~ '" ~I! ..., ~ =' c S- Q.=:! '" ~ ;' '< !! =:I ... ... 1l ~, ",g. el g. l" .. .. ... ... '" '" .... .... PLAINTIFF'S EXHIBIT 8h,Jo Y pe...S ."--'- "'1i~~IIiIlIf"". .. "-- , ,_: ',j , li~! ~ r So B ~ ~ _"t~"""'~~ - - ~. , , , '-,;,- .J.,. << " APR 2 2 2003 " MARK R. SHINDLE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-4753 CIVIL TERM CIVIL ACTION - LAW v. JENEL YN SHINDLE, IN CUSTODY Defendant Bayley, J. -- ORDER OF COURT AND NOW, this J:'Il:h day of April. 2003, upon consideration of the Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. No later than April 17, 2003, the parties shall contact Reigler Sheinvold & Associates to begin scheduling appointments for an updated custody evaluation. The parties will cooperate with Dr. Sheinvold's office in scheduling and completing the tasks necessary to allow him to complete the custody evaluation update. Mother shall reserve the right to seek contribution from Father at the time of hearing. However, initially Mother shall pay the full cost of the updated custody evaluation, 2. Once the custody evaluation is completed and within ten (10) days of the receipt of that report by counsel for the parties, either party may. by letter to the office of the Custody Conciliator, request that the Custody Conciliation Conference be reconvened. 3. Hearina. A hearing is scheduled in Courtroom Number 2 of the Cumberland County Courthouse, on the 1\-I:tI. day of August, 2003. at J :30 o'clock ....e..M.. at which time testimony will be taken. For the purposes of the hearing, the Father, Mark R. Shindle, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. 4. Pending further Order of Court or an Agreement of the parties. this Court's Order of May 31. 2001. shall continue in full force and affect. Dis!: Diane S. Baker, Esquire, 27 S, Arlene Slreet, Harrisburg, PA 17112 Bradley L. Griffie, Esquire, 200 N, Hanover Slreet, Carlisle, PA 17013 ~ ~ ~,3o,M ~ ~ - l "~ >- ~ ;~ I.J.JQ /"25::< [1; i!} reo L...:JU." ~:~- ~M&~"'" I-'[~ -. I.J c5 Ctl <'\i ce Q.. o<:z: ,..., C;) ii~~~~~I~...Ia\!J~lllY!il;jHI.-j.lilL : 1lI~;IM" 0, I.r; (~ :e Q.. , r- ? :5 r)~r ()~ r"'" ~'-{. '~...J --"'" .,zs::! c.- (J) .,)~ :c,_:<:: ,.J.J, " 0)......, ;;1;0.: :::; (.) '1ItII!II'ii~j ~ (>i<-,,~'W " , ) f ?W .'. ~"" ~ ,'L ::...' _ t "'.... MARK R. SHINDLE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 00-4753 CIVIL TERM v, CIVIL ACTION - LAW JENEL YN SHINDLE, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-7, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Laura M. Shindle Kyle M. Shindle May 22,1990 February 3,1996 Mother Mother 2. A Custody Conciliation Conference was held on April 15, 2003, following Father's Petition to Modify the Custody Order filed on March 12, 2003. Attending the conference were the Father, Mark R. Shindle, and his counsel, Bradley L. Griffie, Esquire; the Mother, Jenelyn Shindle, and her new counsel, Diane S, Baker, Esquire. The last Order in this matter was dated May 31,2001. 3, Father's position on custody is as follows: Father is petitioning for primary physical custody of the children, because he is concerned about Mother's discipline measures, corporal punishment and failure to address concerns regarding how the children are functioning in school. Father reports that Kyle is in danger of failing 1st grade. Father presently works 2nd shift, but could change his shift to a daylight shift should he be given primary physical custody. Father has been in contact with various school personnel and has met with them with regard to Kyle's school functioning. Father does not believe an updated custody evaluation is necessary, because he believes the other evidence which he intends to present would be sufficient to warrant the relief which he seeks. However, he has agreed to partiCipate in the updated custody evaluation understanding that Mother will reserve the right to seek contribution from him at the time of the hearing. 4. Mother's position on custody is as follows: She will not agree to change primary custody to Father. However, she agrees that the children are not doing particularly well with regard to their grades. Her counsel points out that the differences the parents have in parenting and discipline styles are not new and thinks that an updated evaluation is appropriate at this time. It is Mother's position that Father should have to pay one-half of the cost of the updated custody evaluation. Mother had been working a temporary job on the 3rd shift for approximately one (1) month, but recently quit that assignment. Mother reports that she has been working on a homework issue with the older child and has "''<, "-",, "' ~t .. t ~,a. NO. 00-4753 CIVIL TERM determined that while the homework had been done, it was not always turned in. With regard to Kyle, Mother reports that the initial parent-teacher conference in December, 2002, cancelled because she was moving. Mother reports that the teacher failed to return her phone calls and that the meeting was not rescheduled. She eventually made contact with the teacher over the telephone who reported that the parties' son has difficulty sitting still, raising his hand in class and waiting his turn to speak. It is Mother's perception that the teacher sees his behavior as "bad". However, Mother reports that the child is "full of energy". Mother has disagreements with the teacher's approach and thinks that she should go easier on him because of difficulties that she believes the child is experiencing because of the party's divorce when he was age two (2). Mother also reports the child is less eager to go to school than he used to be and he is sometimes sad. Mother eventually acknowledged that at some point in the last few months the child tried to hurt himself with hair clippers. She arranged for the child to have a psychiatric evaluation at the Hershey Medical Center. Despite this attempted self-harm, he was not hospitalized, but determined to be in need of out-patient mental health services. Mother reports that both Laura and Kyle are seeing therapists through Pennsylvania Counseling Services. Kyle sees Nate Segal, MSW. Mother did not attend a meeting at school in February in which Father participated. There is some question as to whether Kyle has been bringing home all the papers from school that might have informed Mother of this upcoming meeting. Clearly the children's school functioning is of concern of parents. However, it appears that Mother has perceived the school district as being less than responsive to her concerns. 5. The parties have agreed to participate in an updated custody evaluation. Following the evaluation, they have agreed that each party will have the option to request that the Conciliation Conference reconvene prior to hearing with Judge Bayley. Counsel have indicated that the best weeks that will not likely conflict with their vacation time would be the week of August 4, 2003 and the week of August 14, 2003. This information is provided to assist with the scheduling of a hearing on Father's Petition for primary custody of the children. 4-1 f~o J Date Lua?<.R. 6Y~O/j Melissa Peel Greevy, Esquire Custody Conciliator :212289 MARK R. SHINDLE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW : NO. 07J - 4--76-3 : IN CUSTODY CIVIL TERM JENEL YN SHINDLE, Defendant PRAECIPE TO FILE A CUSTODY DECREE OF ANOTHER JURISDICTION PURSUANT TO 23 P A.C.S.A. ~5356 Pursuant to 23 Pa.C.S.A. 95356 and 23 Pa.C.S.A. 95364 of the Domestic Relations Code, relating to the Uniform Child Custody Jurisdiction Act, please file of record the attached certified Order of Court, dated October 25, 1999, from the Court of Common Pleas of the 41" Judicial District of Pennsylvania, Perry County Branch, attached hereto. Respectfully submitted, Date: "/:71>/ ()D , , SqUl~ r Plaintiff G FIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 Date: ~/~8/r# I I 1 th A. Calkin, Esquire ttorney for Defendant 2201 North Second Street Harrisburg, PA 17110 ~ . , ,,", ' '~', MARX R. SHrNDLE, Plaintiff vs. rN THE COURT OF COMMON PLEAS OF THE 41ST JODrCrAL DrSTRrCT OF PERRY COUNTY NO. 98-1013 JENELYN SHrNDLE, Defendant ClULD CUSTODY AMENDED ORDER OF COURT AND NOW, to wit thisJS day of Od-ob./I{ , 1999, the parties and their r~spective counsel, having appeared for a custody hearing on August 18, 1999, it is hereby ORDERED AND DECREED as follows: 1. It is the intention of the parties and the parties agree that they will share joint legal custody of Laura M. Shindle, born May 22, 1990 and Kyle M. Shindle, born February 3, 1996. The parties agree that major decisions concerning their children, including, but not necessarily limited to, the children's health, welfare, educatiun, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interest. Each party agrees not to impair the -> other party's rights to shared legal custody of t~ children. Each party agrees not to attempt to alienate the a!.fections of the children from the other party. Each party shall notify the other of any activity or circumstance concerning," their children that could reasonably be expected to be of concern: to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the children at _~3~~:fI\ ~~~~( --,,-.,....- ~-'.~"-" .."/ ._" _;" '.~ i ; \",; ... ~ CEHTlflED A mU~~-6 DEPUTY PROTHONOTARY ~ =- - i, iio~,; . ' the time of the emetgency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full infonnation from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent. 2. Primary physical custody of the minor children shall be with the Mother, Jenelyn Shindle. 3 . During the school year Father, shall have partial custody of the minor children in accordance with the following schedule: a. Alternating weekends from Friday at 6:00 p.m. to Sunday at 6:00 p.m. b. One evening per week from 6:00 p.m. until the next moming when he retums the children to school and day care_ c. At times mutually agreed upon by the parties. 4. The parents will altemate the following major holidays: Memorial Day, Fourth of July, and Labor Day. The custodial period shall run from 9:00 a.m. to 9:00 p.m. This schedule will begin with Mother having the children on Labor Day in 1999. In the event that Father's holiday as designated herein coincides with Father 's altemating weekend period of physical custody, Father shall simply retain custody of the children on Sunday evening until 9:00 on the day of the holiday. 5. During the Easter holiday season, the parties shall equally share in the Easter school break by altemating the following two periods of physical custody. (al The period from 5:00 p.m. on the last day of school prior to the Easter holiday until 1:00 p.m. on the Saturday before Easter; and (bl I h T e period from 1:00 p.m_ on the Saturday before Easter until 9:00 p.m. on the last day of the Easter school vacation. The parties shall alte=ate these periods by Mother having the first peri cd for Easter 2000 and Father having the second period, alte=ating the periods in 2001, and so continue alte=ating in future years. 6. During the Thanksgiving holiday season, the parties shall equally share in the Thanksgiving school break by alte=ating the following two periods of physical custody: (al The period from 5:00 p.m. on the last day of school prior to the Thanksgiving holiday until 1:00 p.m. on the Saturday immediately following Thanksgiving; (b) The period from 1: 00 p.m. on the Saturday following Thanksgiving until 9: 00 p.m. on the last day of the Thanksgiving school vacation. The parties shall alte=ate these periods by Father having the first period for Thanksgiving 1999 and Mother having the second period, alte=ating these periods for 2000, and so continue alte=ating in future years. 7. Christmas will be divided into Cwo (2) segments. Segment "A" is from noon December 24th until noon December 25th and Segment "B" is from noon December 25th until December 26th at 6: 00 p.m. These segments will alte=ate year by year between the parents and will begin with Mother having the children for Segment , _J .' ,~ "A" in 1999. The balance of the Christmas school vacation will be divided equally between the parents. 8. Father shall have custody on Father's Day from 9:00 a.m. to 9:00 p.m. and Mother shall have custody on Mother's Day commencing at 9:00 a.m. 9. The summer school holiday will be divided equally between the parents on a week by week basis. Father will have custody from 6: 00 p. m. on the first Friday following the end of the , , school year until 6:00 p.m. on the following Friday with mother having the children from that following Friday at 6:00 p.m. until the next Friday at 6:00 p.m. 10. The holiday schedule shall take precedence over the regular custody schedule. 11. During any period of custody or visitation the parties to this order shall not possess or use any controlled substance, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this prohibition. 12. Each parent shall be entitled to reasonable telephone contact with the children when they are in the custody of the other parent. 13. Neither parent shall permanently relocate if the relocations would necessitate a change in the visitation schedule or if the relocation would exceed a fifty (50) mile radius without a minimum notice of sixty (60) days to the other parent. The sixty (60) day notice is designed to afford the parents an opportunity to ~~, " . -;",/., ~ . renegotiate the custodial arrangements or to. have the matter listed for a Court hearing. 14. Both parents shall refrain from making derogatory cOll1ll1ents about the other parent in the presence of the children and to the extent possible shall prevent third parties from making such cOll1ll1ents in the presence of the children. BY THE COURT: /sl C. j~ppl), ~..hKqmD . , J. ~ , - ~ ~ - o---=jllililll ""~, " "-" ~~~ifti~h- iliOOi~lii\jl,kill.1lWii - - .I ~.. iL",~..- oIiIIIillWl1l.Jl~.i.bii .. .~ ~~~ ~~ ru , ~ ~ J ~ f "-.l ~ ~ (,)- el.. ~~ ''^ c:' d '"~~'- o c ~;;; <~ -oq~ ""1!., Z::;'d z\--_ (j) '~'7 :L' ~_,' r;CI :?Q ~t: ~' o o S:= ,- , o -1'1 , w -,,~,~ {~) (L) ~\ ."-. ::',::;-1-{ ~~4 ~J -4-:-',n U -< ~ '< -u :> r.- o' '" N 1;e .- ~ " ~.... -;,' ~ ,'-"-~, ~,;o"., ,,'0'" ,", " ''-,;., 'x ~,~.., '''';;'L:.l-.ii- ^'...... r MARK R. SHINDLE, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V, JENEl YN SHINDLE, DEFENDANT 00-4753 CIVil TERM TEMPORARY ORDER OF COURT AND NOW, this ~o day of March, 2005, this case having been called on a petition for special relief, IT IS ORDERED: (1) All prior custody orders are vacated and this temporary order is entered without prejudice to either parent on the merits of the complaint for custody by Mark R. Shindle that is pending conciliation. (2) laura Shindle, born May 22, 1990 and Kyle Shindle, born February 3, 1996, shall finish the current school year from their father's residence in Mercersburg, Pennsylvania, (3) The mother, Jenelyn Shindle, shall have laura and Kyle (a) on alternate weekends from Friday evening to Sunday evening, or Monday evening if Monday is a school holiday, and (b) for one evening after school until 8:00 p.m., on either the Monday, Tuesday or Wednesday following the weekend she does not have the children if she goes to Mercersburg to get them, (4) If there is no custody order entered before the end of the current school year, then during the summer school vacation period the mother shall have the children for two weeks and the father one week on that three week alternating basis until a further order is entered. ~ - -,,",,,.'",,' ,,,__ "e" '" r,' '"O~'''''_ ~;","',',;," : ' , ' '.;k.-l):';';' ...- " (5) The parents shall share transportation for exchanges of the children except for the one evening a week provided in Paragraph 3. ;. ~adley L. Griffie, Esquire For Mark R. Shindle ~I R. Hildebrand, Esquire For Jenelyn Shindle ) / :sal 03 -30 -05 ~>".,~ ';.'-'iliiI 0- Co') ?;; cr..: -:t' ;:s .. "- LuQ - S;f 0""- =::: o::Q a.. gg 0 ~J;:} a: C'? -,f"O) l.LJo... --.!~~:~ ~tu ~ ~'-~.- ~ :i,.;~_u ;:!:: 4: '-j-. ~.~ -.. lJ... "'" ::'5 "'" 0 = 0 c--, ~ W -'_~1lI ~ - ""~" .ii.t.AiJbJl ,~ ,L . ~~ ^ "" ~, '" " ~, --- ~ . [1 ~' ~ } RECEIVED MAY 12 2005.-:t' J f MARK R. SHINDLE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-4753 CIVIL TERM v. CIVIL ACTION - LAW JENEL YN SHINDLE, IN CUSTODY Defendant BAYLEY, J. --- TEMPORARY ORDER OF COURT AND NOW, this \ l/ day of May, 2005, upon consideration of the Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Leaal Custody. The parties, Mark R. Shindle and Jenelyn Shindle, shall have shared legal custody of the minor children, Laura M. Shindle, born May 22, 1990, and Kyle M. Shindle, born February 3, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non.cemergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa. C. S. 95309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Phvsical Custody. The Father shall have primary physical custody subject to Mother's rights of partial custody which shall be arranged as follows: A. During the school year, effective May 13, 2005, on alternating weekends, from Friday at 6:00 p.m. to Sunday at 6:00 p.m. However, if Monday is a school holiday, Mother's custodial period shall be extended until 6:00 p.m. Monday evening. B. During the school year, one (1) evening after school until 8:00 p.m. on either the Monday, Tuesday or Wednesday following Father's custodial weekend provided, however, that Mother provides all transportation incident to these weekday periods of custody. " - } , NO. 00-4753 CIVIL TERM C. Commencing with the first full week following the dismissal of school for Summer recess, Mother shall have the children for two (2) weeks followed by Father having the children for one (1) week and continue that alternating pattern throughout the Summer school recess. 3. Transportation. The parties shall share transportation incident to weekend custodial exchanges and the Summer custodial exchanges with Mother picking up the children at the Sunnyway at the beginning of her custodial time and Father picking up the children at Mother's home at the beginning of his custodial time. 4. Mother's Dav / Father's Dav. Commencing with Mother's Day 2005, the custodial periods for the Mother's Day and Father's Day holidays, if they do not fall on that parent's regularly scheduled custodial weekend, shall be from 6:00 p.m. Saturday until 6:00 p.m. Sunday. 5. Easter. During the Easter season, the parties shall share equally in the Easter school break by alternating the following two (2) periods of physical custody: A. From 6:00 p.m. on the last day of school prior to the Easter holiday until 1 :00 p.m. on the Saturday before Easter. B. From 1 :00 p.m. on the Saturday before Easter until 6:00 p.m. on the last day of Easter school break. C. The parties shall alternate these periods by Mother having the first period and Father having the second period in even-numbered years and Father having the first period and Mother having the second period in odd- numbered years. 6. Thanksaivina. Thanksgiving shall be shared by alternating the following two (2) periods of custody: A. From 6:00 p.m. on the last day of school prior to the Thanksgiving holiday until 1 :00 p.m. on the Saturday immediately following Thanksgiving. B. From 1 :00 p.m. on the Saturday following Thanksgiving until 6:00 p.m. on the last day of the Thanksgiving school break. "--- ~ ",... - ~" -..., " J;j , . . 1 NO. 00-4753 CIVIL TERM C. The parties shall alternate these periods by Father having the first period and Mother having the second period in even-numbered years and Mother having the first period and Father having the second period in odd- numbered years. 7. Christmas. Christmas shall be divided into two segments, Segmeot A and Segment 8. Segment A shall be from December 24th at Noon until December 25th at 3:00 p.m. Segment B shall be from December 25th at 3:00 p.m. until December 26th at 6:00 p.m. In odd-numbered years, Mother shall have Segment A and Father shall have Segment B. In even-numbered years, Father shall have Segment A and Mother shall have Segment B. Tn, e balance ofth~,Cl1ri~tma,ll.school vacation will be ctivictecl equally betw~en the parties. , .,., , , " ., .. ' , ., 8. The holiday schedule enumerated above shall take precectence over the regular schedule. ,',. ", .' , . 9. The parties are expected to use common sense in scheduling telephone calls to talk to the children. The parties are hereby directed to refrain from preventing the party who may be calling from talking to a children, or preventing a children from calling the other party,prov~ded that the phone calls are not excessively frequent nor too long in duration that they disrupt a child's schedule. Phone calls initiated by a party should be kept to a maximumoftwenty (20) minutes, and a maximum of three (3) phone calls per week. 10. This Order vacates and replaces all Orders and Temporary Orders entered in this matter. 11. If within sixty (60) days of the date of the May 6, 2005 Custody Conciliation Conference either party desires to return to the Custody Conciliation Conference, such request may be made by facsimile directly to the Custody Conciliator. After that time, the parties desiring to return to the Custody Conciliation process ay do so as provided by the Rules of Procedure. BY THE Dis!: Bradley l. Griffie, Esquire, 200 N. Hanover Street, Carlisle, PA 17013 > '_~ _ .. ~ J../ 5- /..2 .tJ!1' Jenelyn Shindle, 1 Boeing Road, Apt. 1 '! New Cumberland, PA 17070 ~ (rv~ C)--, >- S!? I':::: lJ.,C f~~~~ (~~~ 6fj~ Uj[L -' Lr.....llJ :c \-. 1L C ~~"~~'MlJiIli co <:;:) ~ ~~ 4. ,:J<( .~~ '5~ -;~~El ~:!U_ :~ () ~ N >- ~ :c "'" = = <'" ~~. .'"~ i. -..... ~ , 1-' " ~= -. -" ....""'.,,.. ",^,"--'. [,,: .: . ,.... RECEIVED MAY 12 200SY , MARK R. SHINDLE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-4753 CIVil TERM v. CIVil ACTION - lAW JENEl YN SHINDLE, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-7, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF laura M. Shindle Kyle M. Shindle May 22, 1990 February 3, 1996 Father Father 2. A Custody Conciliation Conference was held on May 6, 2005 in response to Father's filing of a Petition for Modification of Custody on March 23, 2005. Present for the Conference were: the Father, Mark R. Shindle, and his counsel, Bradley L. Griffie, Esquire; the Mother, Jenelyn Shindle, participated pro se. 3. ~P;:;:a<hOO "" agre,m,o';o fu, won m a~&;L;C Date ' elissa Peel Greevy, Esquire Custody Conciliator :250269 MARK R. SHINDLE, Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 00-4753 JENEL YN SHINDLE, Defendant/Respondent : CIVIL ACTION - LAW : IN CUSTODY PETITION FOR SPECIAL RELIEF AND NOW, comes Petitioner, Mark R. Shindle, by and through his counsel of record, Bradley 1. Griffie, Esquire and the law firm of Griffie & Associates, and petitions the Court as follows: 1. Your Petitioner is Mark R. Shindle, the above named Plaintiff, and an adult individual currently residing at 8732 Woods Road, Mercersburg, Franklin County, Pennsylvania. 2. Your Respondent is Jenelyn Shindle, the above named Defendant, and an adult individual whose current residence is unknown, but is understood to be either at a shelter in Carlisle, Cumberland County, Pennsylvania, or at a residence in a location on the West Shore area of Cumberland County, Pennsylvania. 3. The parties are the natural parents of two children, namely, Laura M. Shindle, born May 22,1990, and Kyle M. Shindle, born February 3,1996. 4. The parties are subject to an Order of Court dated May 31, 2001, which is attached hereto and incorporated herein by reference as Exhibit "A", relative to the terms of custody with respect to their children. 5. The parties are also subject to an Order of Court dated August 15, 2003, which was entered by the Court following a hearing modifying the prior Order of May . , 31, 2001, a copy of which is attached hereto and incorporated herein by reference as Exhibit "B". 6. Since the entry of the prior Orders, there have been substantial changes in circumstances that require immediate Court intervention. 7. For an extended period of time, Respondent has been residing with her paramour in a tumultuous and confrontational relationship. 8. Recently, on or about February 20, 2005, Petitioner was contacted by Respondent's paramour at approximately 3:00 a.m. on Sunday morning, at which time Petitioner was advised by Respondent's paramour of the following: (a) Respondent returned home after being out Saturday night until approximately 3:00 a.m. Sunday morning; (b) Respondent became physically violent toward paramour; (c) Because of the physical violence of Respondent against her paramour, the paramour telephoned the local police department; (d) After discussions with the local police department, Respondent was requested to vacate her paramour's home, which she did. 9. During the episode described above, the children were in the custody of Petitioner. 10. Due to the fact that Respondent no longer had a residence, Petitioner kept the children for Monday, February 21, and kept the parties' child, Kyle, for Tuesday, February 22. 11. Due to the constant conflicts within Respondent's home, the circumstances of her not having a home at the time, as well as other reasons, Respondent . , discussed with Petitioner, Petitioner retaining primary physical custody of the children. 12. At Respondent's request, Petitioner met with Respondent at the Pennsylvania State Police Barracks parking lot, where Petitioner sat with Respondent in her car and discussed these matters for in excess of one hour. 13. While Respondent's version of the facts relative to the confrontation between her and her paramour in the early morning hours of Sunday, February 20, 2005, differed, Respondent confirmed that she did not have a place to stay at that time, and was considering agreeing to Petitioner retaining physical custody of the children. 14. By the following week, Respondent was residing back in her paramour's home with her children, as well as the two young children she has to her paramour. 15. Despite the tremendous turmoil this created for the children, Petitioner did not initiate Court action to secure custody of the children, but allowed Respondent to resolve the situation. 16. From that time forward, further confrontations ensued between Respondent and her paramour, which created great fear, concern and stress in the children. 17. On or about March 11,2005, Respondent again contacted Petitioner and advised Petitioner that Respondent was moving from her paramour's residence and she and the children were going to be residing in some type of shelter in Carlisle, Cumberland County, Pennsylvania. . , 18. Respondent advised Petitioner that she signed the necessary documents to transfer the parties' son, Kyle's, school records from his school in Hershey, Pennsylvania, on Friday, March 18, 2005. 19. Due to Respondent transferring the child's records, Petitioner has registered Kyle in the Tuscarora School District in Mercersburg, Pennsylvania, where the parties' child, Kyle, continues to reside with Petitioner and attend school. 20. Respondent advised Petitioner that she was signing the necessary documents to transfer the parties' daughter, Laura's, school records from Hershey High School, where the parties' daughter, Laura was attending 9tl\ grade. 21. Counselors at the children's school have advised Petitioner that Respondent has notified them of her intention to transfer the children from the Hershey School District to the Mercersburg School District, although not all documentation has been completed as of the time of filing of this Petition. 22. Counselors and other representatives at the children's prior schools in the Hershey School District confirmed that Respondent advised them that she was transferring custody of the children to Petitioner and he would have their school records transferred. 23. In discussions with Petitioner, Respondent has suggested that she would consider allowing her children to remain in the home with her paramour so that they could continue attending school in Hershey, even though she has alleged that her paramour is violent, aggressive and an alcoholic. " 24. Due to the confrontations within Respondent's home and the poor living arrangements in which the children have been residing for well over a year, the children's grades and other aspects of their education have suffered. 25. Although the parties followed through on securing an evaluation of the parties' child, Kyle, as required by the Court's Order of August 13,2003, once the child was placed on medications due to ADHD and related issues, Respondent, without medical approval, terminated the child's use of the medications. 26. The child, Kyle, is suffering extensively due to Respondent's refusal to provide him with the medication prescribed for several months. 27. Despite Respondent's conduct in this regard and the detriment to his son, he did not seek Court intervention to secure custody of the children. 28. Arrangements were in the process of being made by the Petitioner, who lives in Mercersburg, to have the school district in Hershey provide the medications directly to the child during school hours pursuant to doctor's direction. 29. Respondent has had severely limited contact with the school and Petitioner has been the primary responsible parent with respect to attending to the children's educational needs, including attending parent/teacher conferences, discussing issues relative to the children's education with teachers by email, telephone and in person, and otherwise attending to the educational needs of the children. 30. Despite the discussions and agreement between the parties to transfer custody, Petitioner was to return the children to Respondent on Sunday evening, March 20, 2005, pursuant to the present Court Order and attempted to do so in the parking lot of McDonalds restaurant on High Street in Carlisle, Pennsylvania. . . 31. On Sunday evening, March 20, 2005, Respondent advised Petitioner that he was to keep the parties' child, Kyle, because his school records were already being transferred, but that Laura was to come with Respondent. 32. An argument ensued between Respondent and Laura, who is nearly 15 years old, relative to the Respondent's living accommodations and Laura's desire to remain in Petitioner's custody. 33. Both children were extremely distraught, crying, upset and stressed over the circumstances and the confrontation with Respondent. 34. Respondent left the parking lot without taking the children and without giving any other indication to Petitioner as to her intentions. 35. The children have missed several days of school over the past month and one- half due to Respondent's confrontations with her paramour, her moves in and out of paramour's home, and her apparent inability to finalize matters associated with transferring the children's school records to Mercersburg school district. 36. When Respondent was residing with her paramour, while her paramour worked at night, Respondent would often leave the home to socialize with friends, leaving the parties' 9 year old son, Kyle, and Respondent's two year old and four year old children to her paramour, with the parties' daughter to see to all of their needs. 37. As of the time of filing of this Petition for Special Relief, Petitioner has not been able to finalize the transfer of Laura's school records to Mercersburg school district due to not having an Order of Court providing Petitioner with primary physical custody of the children, although the school district accepted Kyle's transfer. 38. Contemporaneously with filing this Petition for emergency relief, Petitioner is filing a Petition for Modification of Custody, which will cause a Conciliation Conference to be scheduled in this matter. 39. Counsel for Petitioner was contacted by Karl R. Hildabrand, Esquire as this Petition was being prepared to advise counsel for Petitioner that Mr. Hildabrand will be representing Respondent in this matter. 40. Attorney Hildabrand has advised counsel for Petitioner that Respondent will now agree for Laura to remain in Respondent's custody but wishes to have Kyle returned to her. 41. Attorney Hildabrand has advised counsel for Petitioner that Respondent is securing a residence in a West Shore Cumberland County community of New Cumberland or Lemoyne. 42. Due to Petitioner's circumstances, and the tumultuous situation in which the children have been residing for an extended period of time, as well as the prior commitment of Respondent to transfer custody to Petitioner, an emergency Order is necessary. 43. It is not in the children's best interest to split custody of the children as desired by Respondent. 44. At this time, Laura is unable to attend school due to Respondent's issues as described above. 45. Prior to filing this Petition, counsel for Petitioner confirmed with counsel for Respondent that Respondent will not agree to this request and a copy of this Petition and the companion Petition for Special Relief was faxed to Attorney Hildabrand with confirmation of when this Petition would be filed so that opposing counsel could be available at least by telephone at the time of filing. WHEREFORE, Petitioner requests your Honorable Court to enter an emergency Order providing him with primary physical custody pending further proceedings in this matter. Respectfully submitted, lffie, Esquire . Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: :'3 ^2/./.00~- '%uJ 7~.AL:;/-.- MARK R. SHINDLE MARK. R. SHINDLE, PlaintifflPetitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 00-4753 JENEL YN SHINDLE, Defendant/Respondent : CIVIL ACTION - LAW : IN CUSTODY CERTIFICATE OF SERVICE I, Bradley 1. Griffie, Esquire, do certify that I served the Defendant's attorney of record with the within Petition for Special Relief by facsimile and first class mail, postage prepaid, to the following addresses: Karl R. Hildabrand, Esquire 840 East Chocolate Avenue Hershey, PA 17033 . riffie, Esquire . Hanover Street arlisle, P A 17013 (717) 243-5551 (800) 347-5552 DATE:~)..~I^S' , -, Plaintiff IN THE COURT OF COlv1fv101'J PLEAS OF CUMBERLAND COUNTY, PENNSYLVAI'-lIA MARK R. SHINDLE, vs. NO. 00,4753 Defendant CIVIL ACTION, LAW CUSTODY JENELYN SHINDLE, AND NOW, this .31 day of ~. attached Custody Conciliation Summary Repo ;r/ , 2001, upon consideration of the it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Mark . Shindle and Jenelyn Shindle, shall have shared legal custody of the minor Children, Laura fv1. Shindle, born May 22, 1990, and Kyle fv1. Shindle, born February 3, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non.emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa C. S. 9 5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Neither party shall impair the other party's rights as to the shared legal custody of the Children. Neither party shall attempt to alienate the affections of the Children from the other party. Each party shall notify the other of any activity or circumstance concerning the Children that could reasonably be expected to be of concern to the other. 2. Phvsical Custody. During the school year, primary physical custody of the minor Children shall be with the Mother. 3. During the school year, Father shall have partial physical custody of the minor Children in accordance with the following schedule: A. Alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m. B. At times mutually agreed upon by the parties. 4. Summer. To commence with the first Friday after school is out, the parties shall share the summer school break with the Mother taking one week followed by Father having two weeks. Through the summer, the parties shall alternate on a one week with Mother and two weeks with Father basis. The custodial periods shall run from Friday to Friday. The exchange time shall be 6:00 p.m. Mother's first custodial week of the summer shall begin on June 8, 2001. Father's first two custodial weeks of the summer shall begin on June 15, 2001. EXHIBIT I A , j '. MARK R. SHINDLE, PLAINTIFF V. JENEL YN SHINDLE, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-4753 CIVIL TERM ORDER OF COURT AND NOW, this 14th day of August, 2003, the petition of the father, Mark R. Shindle, to change the current custodial arrangement with the mother, Jenelyn Shindle, with regard to their two children Laura M. Shindle, born May 22, 1990 and Kyle Shindle, born February 3,1996, IS DENIED. IT IS ORDERED, however, that: (1) The mother shall have Kyle evaluated through school or otherwise for the possibility of attention deficit/overactive disorder and/or a learning disability. (2) The mother shall have both children continue in individual counseling. (3) The mother and father shall participate in co-parenting counseling with the cost divided between them. hradley L. Griffie, Esquire For Plaintiff ;;- ~arl R. Hildabrand, Esquire For Defendant :sal L~ f1 RX5 0'8- /5-03 I 1,":"(:. Ii ',.-,.,,:,., 01 EXHIBIT 10 ~~ -r.'"~rJ{': ' . . '.:r,~ !~1 ,"",. / it: ' . P::/' -W'=- , .... tCJt119 "--_ -0:-' ~ (-> <;;::: ,./ ~ o <;).- (,,~ . 15'6 ~ ~~ C> '1-' c, G......D ~ ~-.;; c:;, ---- C'" 't-' qJ I) v\ ~ ~ ----~- ~-------- n r~ ~ t-') ,-"~ ,,;:.;. ,:.)'" ::r.: ~ :;:.<'J o -,l ~f~~ .:1111 ",--,1,'-") CJ~) +i l(') - ,'-;1 ,,) '"^, c..) ,~- <j '<. U'i MARK R. SHINDLE, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW JENEL YN SHINDLE, Defendant : NO. 00-4753 : IN CUSTODY CIVIL TERM PETITION FOR MODIFICATION OF CUSTODY AND NOW comes Petitioner, Mark R. Shindle, by and through is counsel of record, and the law firm of Griffie and Associates, and petitions the Court as follows: I. Your Petitioner is Mark R. Shindle, the above named Plaintiff and an adult individual currently residing at 8732 Woods Road, Mercersburg, Franklin County, Pennsylvania. 2. Your Respondent is Jenelyn Shindle, the above named Defendant and an adult individual whose current residence is unknown to Petitioner other than as a "shelter in Carlisle, Pennsylvania". 3. The parties are the natural parents of two (2) children, namely, Laura M. Shindle, born May 22, 1990, and Kyle M. Shindle, born February 3, 1996. 4. The parties are subject to an Order of Court dated May 31, 2001, which is attached hereto and incorporated herein by reference as Exhibit "A", relative to the custody arrangements for the children. 5. The parties are also subject to a modification Order dated August 15,2003, which is attached hereto and incorporated herein by reference as Exhibit "B". 6. Since the entry of the prior Orders in this matter, there has been dramatic changes in the parties' circumstances, which necessitate a change in the custody arrangements. 7. Respondent and her paramour have continued to reside with the parties' children in Hershey, Dauphin County, Pennsylvania, from the entry of the last Order until approximately February 11,2005. 8. Since February II, 2005, Respondent and children have resided at an unknown residence for approximately one week, back to the paramour's residence in Hershey for approximately three weeks, and now in a shelter in Carlisle, Cumberland County, Pennsylvania. 9. Respondent has continued to reside in Mercersburg, Franklin County, Pennsylvania. 10. Because of the various circumstances that are set forth in Petitioner's Petition for Special Relief, which is attached hereto and incorporated herein by reference as Exhibit "C", the current Custody Order should be modified to provide Petitioner with primary physical custody of the parties' children. 11. The Court of Common Pleas of Cumberland County Pennsylvania had jurisdiction over the issue of custody when the prior Orders were entered. 12. Petitioner does not know of any person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. WHEREFORE, Petitioner requests your Honorable Court to enter an Order providing him with primary physical custody of the children. Respe~t~ submitted, Bra,'1".~ ffie, squire '---r: ~or Plainti.fJlPetitioner GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: c,3/n /2.<'O'J , f Mae/- rL A-L/-- MARK R. SHINDLE MARK R. SHINDLE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 00-4753 JENEL YN SHINDLE, Defendant : CIVIL ACTION - LAW : IN CUSTODY CERTIFICATE OF SERVICE I, Bradley 1. Griffie, Esquire, do certify that I served the Defendant's attorney of record with the within Petition for Modification of Custody by facsimile and first class mail, postage prepaid, to the following addresses: DATE: j p>) J-( Karl R. Hildabrand, Esquire 840 East Chocolate Avenue Hershey,PA 17033 a MARK R. SHINDLE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUIVlBERLAND COUNTY, PENNSYLV!\I~IA vs I~O. ClO-4753 JENELYN SHINDLE, Defendant CIVIL ACTION - LAW CUSTODY AND NOW, this 31 day Jf ~. attached Custody ConciliatiJn Summary Repo , 20Cl1, upon consideration of the it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Mark . Shindle and Jenelyn Shindle, shall have shared legal custody of the minor Children, Laura M. Shindle, born May 22,1990, and Kyle M. Shindle, born February 3, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non,emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion Pursuant to the terms of Pa. C. S. S 5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, relig ious or school records, the residence address of the Children and of the other parent To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent Neither party shall Impair the other party's rights as to the shared legal custody of the Children. Neither party shall attempt to alienate the affections of the Children from the other party. Each party shall notify the other of any activity or circumstance concerning the Children that could reasonably be expected to be of concern to the other. 2. Physical Custody. During the school year, primary physical custody of the minor Children shall be with the Mother. 3. !)uring the school year, Father shall have partial physical custody of the minor Children in accordance with the following schedule: A. Alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m. B. At times mutually agreed upon by the parties. 4. Summer. To commence with the first Friday after school is out, the parties shall share the summer school break with the Mother taking one week followed by Father having two weeks. Through the summer, the parties shall alternate on a one week with Mother and two weeks with Father basis. The custodial periods shall run from Friday to Friday. The exchange time shall be 6:00 p.m. Mother's first custodial week of the summer shall begin on June 8, 2001. Father's first two custodial weeks of the summer shall begin on June 15, 2001. EXHIBIT J A MARK R. SHINDLE, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JENEL YN SHINDLE, DEFENDANT 00-4753 CIVIL TERM ORDER OF COURT AND NOW, this 14th day of August, 2003, the petition of the father, Mark R. Shindle, to change the current custodial arrangement with the mother, Jenelyn Shindle, with regard to their two children Laura M. Shindle, born May 22, 1990 and Kyle Shindle, born February 3,1996, IS DENIED. IT IS ORDERED, however, that: (1) The mother shall have Kyle evaluated through school or otherwise for the possibility of attention deficiUoveractive disorder and/or a learning disability. (2) The mother shall have both children continue in individual counseling. (3) The mother and father shall participate in co-parenting counseling with the cost divided between them. .' . . ~radley L. Griffie, Esquire For Plaintiff ;7 .{arl R. Hildabrand, Esquire For Defendant / :sal L~ rt R)<s 0<6-/.5 -03 EXHIBIT iI II " D 1",',' " i" ' ::".~ l ~ :,,_ ,. ,,,,,,......, " !11 ... '.~',r!~ ,r..::M "1d':'~,F'" , ' ~lil i~i' ..~u4 ~ o,'~ '1a4j'~ ' MARK R. SHINDLE, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 00-4753 JENELYN SHINDLE, Defendant/Respondent CIVIL ACTION - LA W IN CUSTODY ORDER OF COURT AND RULE TO SHOW CAUSE AND NOW this day of -- presentation and consideration of the within DECREED that: , 2005, upon Petition, it IS hereby ORDERED and I. A Rule is hereby issued upon the Respondent, Jenelyn Shindle, to show cause, if any she has, as to why Petitioner, Mark R. Shindle, is not entitled to the relief requested; 2. Respondent shall file an Answer to Petition within twenty (20) days of service upon the Petitioner; 3. The Petition shall be decided under Pa.R.C.P. No. 206.7; 4. Depositions shall be completed within Petitioner of the answer to the petition. days of the service upon 5. Hearing/Argument shall be held on , the day of , 2005, at .m. in Courtroom # ofthe Franklin County Courthouse, Chambersburg, Pennsylvania. 6. If Items 4 and 5 above are left blank, deposition and/or argument will be considered upon the request of any party. 7. Notice of entry of this Order shall be provided to all parties by Petitioner. 8. Pending further Order of Court or agreement of the parties, primary physical custody of the child shall rest with Petitioner, Mark R. Shindle. BY THE COURT, J. cc: Bradley 1. Griffie, Esquire Attorney for PlaintifJlPetitioner Karl R. Hildabrand, Esquire Attorney for Defendant/Respondent EXHIBIT G l D B MARK R. SHINDLE, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 00-4753 JENEL YN SHINDLE, Defendant/Respondent CIVIL ACTION - LAW IN CUSTODY PETITION FOR SPECIAL RELIEF AND NOW, comes Petitioner, Mark R. Shindle, by and through his counsel of record, Bradley 1. Griffie, Esquire and the law firm of Griffie & Associates, and petitions the Court as follows: I. Your Petitioner is Mark R. Shindle, the above named Plaintiff, and an adult individual currently residing at 8732 Woods Road, Mercersburg, Franklin County, Pennsylvania. 2. Your Respondent is Jenelyn Shindle, the above named Defendant, and an adult individual whose current residence is unknown, but is understood to be either at a shelter in Carlisle, Cumberland County, Pennsylvania, or at a residence in a location on the West Shore area of Cumberland County, Pennsylvania. 3. The parties are the natural parents of two children, namely, Laura M. Shindle, born May 22,1990, and Kyle M. Shindle, born February 3,1996. 4. The parties are subject to an Order of Court dated May 31, 200 I, which is attached hereto and incorporated herein by reference as Exhibit "A", relative to the terms of custody with respect to their children. 5. The parties are also subject to an Order of Court dated August 15,2003, which was entered by the Court following a hearing modifying the prior Order of May 31, 2001, a copy of which IS attached hereto and incorporated herein by reference as Exhibit "B". 6. Since the entry of the prior Orders, there have been substantial changes III circumstances that require immediate Court intervention. 7. For an extended period of time, Respondent has been residing with her paramour in a tumultuous and confrontational relationship. 8. Recently, on or about February 20, 2005, Petitioner was contacted by Respondent's paramour at approximately 3:00 a.m. on Sunday morning, at which time Petitioner was advised by Respondent's paramour of the following: (a) Respondent returned home after being out Saturday night until approximately 3:00 a.m. Sunday morning; (b) Respondent became physically violent toward paramour; ( c) Because of the physical violence of Respondent against her paramour, the paramour telephoned the local police department; (d) After discussions with the local police department, Respondent was requested to vacate her paramour's home, which she did. 9. During the episode described above, the children were in the custody of Petitioner. 10. Due to the fact that Respondent no longer had a residence, Petitioner kept the children for Monday, February 21, and kept the parties' child, Kyle, for Tuesday, February 22. II. Due to the constant cont1icts within Respondent's home, the circumstances of her not having a home at the time, as well as other reasons, Respondent discussed with Petitioner, Petitioner retaining primary physical custody of the children. 12. At Respondent's request, Petitioner met with Respondent at the Pennsylvania State Police Barracks parking lot, where Petitioner sat with Respondent in her car and discussed these matters for in excess of one hour. 13. While Respondent's version of the facts relative to the confrontation between her and her paramour in the early morning hours of Sunday, February 20, 2005, differed, Respondent conflrmed that she did not have a place to stay at that time, and was considering agreeing to Petitioner retaining physical custody of the children. 14. By the following week, Respondent was residing back in her paramour's home with her children, as well as the two young children she has to her paramour. 15. Despite the tremendous turmoil this created for the children, Petitioner did not initiate Court action to secure custody of the children, but allowed Respondent to resolve the situation. 16. From that time forward, further confrontations ensued between Respondent and her paramour, which created great fear, concern and stress in the children. 17. On or about March II, 2005, Respondent again contacted Petitioner and advised Petitioner that Respondent was moving from her paramour's residence and she and the children were going to be residing in some type of shelter in Carlisle, Cumberland County, Pennsylvania. 18. Respondent advised Petitioner that she signed the necessary documents to transfer the parties' son, Kyle's, school records from his school in Hershey, Pennsylvania, on Friday, March 18,2005. 19. Due to Respondent transferring the child's records, Petitioner has registered Kyle in the Tuscarora School District in Mercersburg, Pennsylvania, where the parties' child, Kyle, continues to reside with Petitioner and attend school. 20. Respondent advised Petitioner that she was signing the necessary documents to transfer the parties' daughter, Laura's, school records from Hershey High School, where the parties' daughter, Laura was attending 9th grade. 21. Counselors at the children's school have advised Petitioner that Respondent has notified them of her intention to transfer the children from the Hershey School District to the Mercersburg School District, although not all documentation has been completed as of the time of filing of this Petition. 22. Counselors and other representatives at the children's pnor schools in the Hershey School District confirmed that Respondent advised them that she was transferring custody of the children to Petitioner and he would have their school records transferred. 23. In discussions with Petitioner, Respondent has suggested that she would consider allowing her children to remain in the home with her paramour so that they could continue attending school in Hershey, even though she has alleged that her paramour is violent, aggressive and an alcoholic. 24. Due to the confrontations within Respondent's home and the poor living arrangements in which the children have been residing for well over a year, the children's grades and other aspects of their education have suffered. 25. Although the parties followed through on securing an evaluation of the parties' child, Kyle, as required by the Court's Order of August 13, 2003, once the child was placed on medications due to ADHD and related issues, Respondent, without medical approval, terminated the child's use of the medications. 26. The child, Kyle, is suffering extensively due to Respondent's refusal to provide him with the medication prescribed for several months. 27. Despite Respondent's conduct in this regard and the detriment to his son, he did not seek Court intervention to secure custody of the children. 28. Arrangements were in the process of being made by the Petitioner, who lives in Mercersburg, to have the school district in Hershey provide the medications directly to the child during school hours pursuant to doctor's direction. 29. Respondent has had severely limited contact with the school and Petitioner has been the primary responsible parent with respect to attending to the children's educational needs, including attending parent/teacher conferences, discussing issues relative to the children's education with teachers by email, telephone and in person, and otherwise attending to the educational needs of the children. 30. Despite the discussions and agreement between the parties to transfer custody, Petitioner was to return the children to Respondent on Sunday evening, March 20, 2005, pursuant to the present Court Order and attempted to do so in the parking lot of McDonalds restaurant on High Street in Carlisle, Pennsylvania. 31. On Sunday evening, March 20, 2005, Respondent advised Petitioner that he was to keep the parties' child, Kyle, because his school records were already being transferred, but that Laura was to come with Respondent. 32. An argument ensued between Respondent and Laura, who is nearly 15 years old, relative to the Respondent's living accommodations and Laura's desire to remain in Petitioner's custody. 33. Both children were extremely distraught, crymg, upset and stressed over the circumstances and the confrontation with Respondent. 34. Respondent left the parking lot without taking the children and without giving any other indication to Petitioner as to her intentions. 35. The children have missed several days of school over the past month and one- half due to Respondent's confrontations with her paramour, her moves in and out of paramour's home, and her apparent inability to finalize matters associated with transferring the children's school records to Mercersburg school district. 36. When Respondent was residing with her paramour, while her paramour worked at night, Respondent would often leave the home to socialize with friends, leaving the parties' 9 year old son, Kyle, and Respondent's two year old and four year old children to her paramour, with the parties' daughter to see to all of their needs. 37. As of the time of filing of this Petition for Special Relief, Petitioner has not been able to finalize the transfer of Laura's school records to Mercersburg school district due to not having an Order of Court providing Petitioner with primary physical custody of the children, although the school district accepted Kyle's transfer. 38. Contemporaneously with filing this Petition for emergency relief, Petitioner is filing a Petition for Modification of Custody, which will cause a Conciliation Conference to be scheduled in this matter. 39. Counsel for Petitioner was contacted by Karl R. Hildabrand, Esquire as this Petition was being prepared to advise counsel for Petitioner that Mr. Hildabrand will be representing Respondent in this matter. 40. Attorney Hildabrand has advised counsel for Petitioner that Respondent will now agree for Laura to remain in Respondent's custody but wishes to have Kyle returned to her. 41. Attorney Hildabrand has advised counsel for Petitioner that Respondent is securing a residence in a West Shore Cumberland County community of New Cumberland or Lemoyne. 42. Due to Petitioner's circumstances, and the tumultuous situation in which the children have been residing for an extended period of time, as well as the prior commitment of Respondent to transfer custody to Petitioner, an emergency Order is necessary. 43. It is not in the children's best interest to split custody of the children as desired by Respondent. 44. At this time, Laura is unable to attend school due to Respondent's issues as described above. 45. Prior to filing this Petition, counsel for Petitioner confirmed with counsel for Respondent that Respondent will not agree to this request and a copy of this Petition and the companion Petition for Special Relief was faxed to Attorney Hildabrand with confirmation of when this Petition would be filed so that opposing counsel could be available at least by telephone at the time of filing. WHEREFORE, Petitioner requests your Honorable Court to enter an emergency Order providing him with primary physical custody pending further proceedings in this matter. Respectfully submitted, ~ ! ~.../ 1/ ~/// ---../,,,/// / '. r::. Griffie, Esquire '-- . ,/; . ,/ /?On.J. Hanover Street , Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 " . . VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: _ 3 ),). ",C( 'j" , .". JLi ./ ':V.-y: .. }'~'f--~ l /L ./I~ c_~ MARK R. SHINDLE . MARK R. SHINDLE, Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 00-4753 JENELYN SHINDLE, Defendant/Respondent : CIVIL ACTION - LAW : IN CUSTODY CERTIFICATE OF SERVICE I, Bradley 1. Griffie, Esquire, do certify that I served the Defendant's attorney of record with the within Petition for Special Relief by facsimile and first class mail, postage prepaid, to the following addresses: DATE:~)- ,,>1(,';- - I Karl R. Hildabrand, Esquire 840 East Chocolate Avenue Hershey, PA 17033 ~/..---7,S. /......,.-# _.:-:;:;/ /1 , '/'// .)'MdleYL. Griffie, Esquire / '_;-<:/200.N. Hanover Street j// q~arlisle, PA 17013 (717) 243-5551 (800) 347-5552 ~ '2~ 8 \6> ~c;::. c. [-;> ~ ~ =% k-/ r ~;:r (~.:.. ..' v. . r-..., -' \......--' --J ~, -it: p (", .. --.....-, .. ~, .....c... (") ,..., S'-; .:0 :-1:: :i'" -:"''-.j l"~~ '-'" '-,..; t>' J~-~ r",; o -" -< -" "~ ~. ; '\ -q r. ~J . -, - 1 ~- A , ------ - -" . ~ MARK R. SHINDLE, Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 00-4753 JENEL YN SHINDLE, DefendantJRespondent : CIVIL ACTION - LAW : IN CUSTODY PETITION FOR SPECIAL RELIEF AND NOW, comes Petitioner, Mark R. Shindle, by and through his counsel of record, Bradley L. Griffie, Esquire and the law firm of Griffie & Associates, and petitions the Court as follows: 1. Your Petitioner is Mark R. Shindle, the above named Plaintiff, and an adult individual currently residing at 8732 Woods Road, Mercersburg, Franklin County, Pennsylvania. 2. Your Respondent is Jenelyn Shindle, the above named Defendant, and an adult individual whose current residence is unknown, but is understood to be either at a shelter in Carlisle, Cumberland County, Pennsylvania, or at a residence in a location on the West Shore area of Cumberland County, Pennsylvania. 3. The parties are the natural parents of two children, namely, Laura M. Shindle, born May 22, 1990, and Kyle M. Shindle, born February 3, 1996. 4. The parties are subject to an Order of Court dated May 31, 2001, which is attached hereto and incorporated herein by reference as Exhibit "A", relative to the terms of custody with respect to their children. 5. The parties are also subject to an Order of Court dated August 15, 2003, which was entered by the Court following a hearing modifying the prior Order of May . \ 31, 2001, a copy of which IS attached hereto and incorporated herein by reference as Exhibit "B". 6. Since the entry of the prior Orders, there have been substantial changes in circumstances that require immediate Court intervention. 7. For an extended period of time, Respondent has been residing with her paramour in a tumultuous and confrontational relationship. 8. Recently, on or about February 20, 2005, Petitioner was contacted by Respondent's paramour at approximately 3:00 a.m. on Sunday morning, at which time Petitioner was advised by Respondent's paramour of the following: (a) Respondent returned home after being out Saturday night until approximately 3 :00 a.m. Sunday morning; (b) Respondent became physically violent toward paramour; (c) Because of the physical violence of Respondent against her paramour, the paramour telephoned the local police department; (d) After discussions with the local police department, Respondent was requested to vacate her paramour's home, which she did. 9. During the episode described above, the children were in the custody of Petitioner. 10. Due to the fact that Respondent no longer had a residence, Petitioner kept the children for Monday, February 21, and kept the parties' child, Kyle, for Tuesday, February 22. 11. Due to the constant conflicts within Respondent's home, the circumstances of her not having a home at the time, as well as other reasons, Respondent discussed with Petitioner, Petitioner retaining primary physical custody of the children. 12. At Respondent's request, Petitioner met with Respondent at the Pennsylvania State Police Barracks parking lot, where Petitioner sat with Respondent in her car and discussed these matters for in excess of one hour. 13. While Respondent's version of the facts relative to the confrontation between her and her paramour in the early morning hours of Sunday, February 20, 2005, differed, Respondent confirmed that she did not have a place to stay at that time, and was considering agreeing to Petitioner retaining physical custody of the children. 14. By the following week, Respondent was residing back in her paramour's home with her children, as well as the two young children she has to her paramour. 15. Despite the tremendous turmoil this created for the children, Petitioner did not initiate Court action to secure custody of the children, but allowed Respondent to resolve the situation. 16. From that time forward, further confrontations ensued between Respondent and her paramour, which created great fear, concern and stress in the children. 17. On or about March 11, 2005, Respondent again contacted Petitioner and advised Petitioner that Respondent was moving from her paramour's residence and she and the children were going to be residing in some type of shelter in Carlisle, Cumberland County, Pennsylvania. . I 18. Respondent advised Petitioner that she signed the necessary documents to transfer the parties' son, Kyle's, school records from his school in Hershey, Pennsylvania, on Friday, March 18,2005. 19. Due to Respondent transferring the child's records, Petitioner has registered Kyle in the Tuscarora School District in Mercersburg, Pennsylvania, where the parties' child, Kyle, continues to reside with Petitioner and attend school. 20. Respondent advised Petitioner that she was signing the necessary documents to transfer the parties' daughter, Laura's, school records from Hershey High School, where the parties' daughter, Laura was attending 9th grade. 21. Counselors at the children's school have advised Petitioner that Respondent has notified them of her intention to transfer the children from the Hershey School District to the Mercersburg School District, although not all documentation has been completed as of the time of filing of this Petition. 22. Counselors and other representatives at the children's prior schools in the Hershey School District confirmed that Respondent advised them that she was transferring custody of the children to Petitioner and he would have their school records transferred. 23. In discussions with Petitioner, Respondent has suggested that she would consider allowing her children to remain in the home with her paramour so that they could continue attending school in Hershey, even though she has alleged that her paramour is violent, aggressive and an alcoholic. 24. Due to the confrontations within Respondent's home and the poor living arrangements in which the children have been residing for well over a year, the children's grades and other aspects of their education have suffered. 25. Although the parties followed through on securing an evaluation of the parties' child, Kyle, as required by the Court's Order of August 13,2003, once the child was placed on medications due to ADHD and related issues, Respondent, without medical approval, terminated the child's use of the medications. 26. The child, Kyle, is suffering extensively due to Respondent's refusal to provide him with the medication prescribed for several months. 27. Despite Respondent's conduct in this regard and the detriment to his son, he did not seek Court intervention to secure custody of the children. 28. Arrangements were in the process of being made by the Petitioner, who lives in Mercersburg, to have the school district in Hershey provide the medications directly to the child during school hours pursuant to doctor's direction. 29. Respondent has had severely limited contact with the school and Petitioner has been the primary responsible parent with respect to attending to the children's educational needs, including attending parent/teacher conferences, discussing issues relative to the children's education with teachers by email, telephone and in person, and otherwise attending to the educational needs of the children. 30. Despite the discussions and agreement between the parties to transfer custody, Petitioner was to return the children to Respondent on Sunday evening, March 20, 2005, pursuant to the present Court Order and attempted to do so in the parking lot of McDonalds restaurant on High Street in Carlisle, Pennsylvania. 31. On Sunday evening, March 20, 2005, Respondent advised Petitioner that he was to keep the parties' child, Kyle, because his school records were already being transferred, but that Laura was to come with Respondent. 32. An argument ensued between Respondent and Laura, who is nearly 15 years old, relative to the Respondent's living accommodations and Laura's desire to remain in Petitioner's custody. 33. Both children were extremely distraught, crying, upset and stressed over the circumstances and the confrontation with Respondent. 34. Respondent left the parking lot without taking the children and without giving any other indication to Petitioner as to her intentions. 35. The children have missed several days of school over the past month and one- half due to Respondent's confrontations with her paramour, her moves in and out of paramour's home, and her apparent inability to finalize matters associated with transferring the children's school records to Mercersburg school district. 36. When Respondent was residing with her paramour, while her paramour worked at night, Respondent would often leave the home to socialize with friends, leaving the parties' 9 year old son, Kyle, and Respondent's two year old and four year old children to her paramour, with the parties' daughter to see to all of their needs. 37. As of the time of filing of this Petition for Special Relief, Petitioner has not been able to finalize the transfer of Laura's school records to Mercersburg school district due to not having an Order of Court providing Petitioner with primary physical custody of the children, although the school district accepted Kyle's transfer. 38. Contemporaneously with filing this Petition for emergency relief, Petitioner is filing a Petition for Modification of Custody, which will cause a Conciliation Conference to be scheduled in this matter. 39. Counsel for Petitioner was contacted by Karl R. Hildabrand, Esquire as this Petition was being prepared to advise counsel for Petitioner that Mr. Hildabrand will be representing Respondent in this matter. 40. Attorney Hildabrand has advised counsel for Petitioner that Respondent will now agree for Laura to remain in Respondent's custody but wishes to have Kyle returned to her. 41. Attorney Hildabrand has advised counsel for Petitioner that Respondent is securing a residence in a West Shore Cumberland County community of New Cumberland or Lemoyne. 42. Due to Petitioner's circumstances, and the tumultuous situation in which the children have been residing for an extended period of time, as well as the prior commitment of Respondent to transfer custody to Petitioner, an emergency Order is necessary. 43. It is not in the children's best interest to split custody of the children as desired by Respondent. 44. At this time, Laura is unable to attend school due to Respondent's issues as described above. 45. Prior to filing this Petition, counsel for Petitioner confirmed with counsel for Respondent that Respondent will not agree to this request and a copy of this Petition and the companion Petition for Special Relief was faxed to Attorney Hildabrand with confirmation of when this Petition would be filed so that opposing counsel could be available at least by telephone at the time of filing. WHEREFORE, Petitioner requests your Honorable Court to enter an emergency Order providing him with primary physical custody pending further proceedings in this matter. Respectfully submitted, ffie, Esquire . Hanover Street Carlisle, P A 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: o~ iJ..l./l..M$~ , /4utvL 7~~- MARK R. SHINDLE MARK R. SHINDLE, Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 00-4753 JENEL YN SHINDLE, Defendant/Respondent : CIVIL ACTION - LA W : IN CUSTODY CERTIFICATE OF SERVICE I, Bradley L. Griffie, Esquire, do certify that I served the Defendant's attorney of record with the within Petition for Special Relief by facsimile and first class mail, postage prepaid, to the following addresses: Karl R. Hildabrand, Esquire 840 East Chocolate Avenue Hershey, PA 17033 . ... riffie, Esquire . Hanover Street arlisle, PA 17013 (717) 243-5551 (800) 347-5552 DATE:~)-1/6~ . .. , ' Plaintiff IN THE COURT OF COfv1f\J\Ohl PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARK R. SHINDLE, vs. NO. 00-4753 Defendant CIVIL ACTION - LAW CUSTODY JENEL YN SHINDLE, AND NOW, this ,3( day of ~' attached Custody Conciliation Summary Repo , 2001, upon consideration of the it is hereby ordered and directed as follows: 1. Legal Custody, The parties, Mark . Shindle and Jenelyn Shindle, shall have shared legal custody of the minor Children, Laura M. Shindle, born May 22, 1990, and Kyle M. Shindle, born February 3, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa. C. S. S 5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Neither party shall impair the other party's rights as to the shared legal custody of the Children. Neither party shall attempt to alienate the affections of the Children from the other party. Each party shall notify the other of any activity or circumstance concerning the Children that could reasonably be expected to be of concern to the other. 2. Physical Custody. During the school year, primary physical custody of the minor Children shall be with the Mother. 3. During the school year, Father shall have partial physical custody of the minor Children in accordance with the following schedule: A. Alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m. B. At times mutually agreed upon by the parties. 4. Summer. To commence with the first Friday after school is out, the parties shall share the summer school break with the Mother taking one week followed by Father having two weeks. Through the summer, the parties shall alternate on a one week with Mother and two weeks with Father basis. The custodial periods shall run from Friday to Friday. The exchange time shall be 6:00 p.m, Mother's first custodial week of the summer shall begin on June 8, 2001. Father's first two custodial weeks of the summer shall begin on June 15, 2001. EXHIBIT i A j . " . MARK R. SHINDLE, PLAINTIFF v. JENEL YN SHINDLE, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-4753 CIVIL TERM ORDER OF COURT AND NOW, this 14th day of August, 2003, the petition of the father, Mark R. Shindle, to change the current custodial arrangement with the mother, Jenelyn Shindle, with regard to their two children Laura M. Shindle, born May 22, 1990 and Kyle Shindle, born February 3,1996, IS DENIED. IT IS ORDERED, however, that: (1) The mother shall have Kyle evaluated through school or otherwise for the possibility of attention deficit/overactive disorder and/or a learning disability. (2) The mother shall have both children continue in individual counseling, (3) The mother and father shall participate in co-parenting counseling with the cost divided between them. hradley L. Griffie, Esquire For Plaintiff :7 ~arl R. Hildabrand, Esquire For Defendant :sal EXHIBIT 10 /-- By,the CoUl~ / )'/ i / L~ f1 R)<s 0<8. /5-03 1 "'t" ~' \h'~:~..J t;, ... 0 ~~ T , r"':ll...j .3!~ ;.:'It/:y;;<;, . ~a r~ . 74w4_ ~ 11~~ · ~~~~ . p- -=\t- ~~ D~ D -0 ~ ~ e; 'C~ '2 ~ ~t ~ i,.' /\) l\'\ =+::(J' (') C_: < t~) <= ~;:::) C.J' o ..., -::::J :L-n rnp --"1 rn -n r::J (-c\ L ',":j(,.l :T~3J i~;~() l~)rn ___-ic ,,... :n .....,;. ::-J: ::r.-~ :;;i.' f",) W ""D w .~.- U1 .. - MARK R. SHINDLE, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JENEL YN SHINDLE, DEFENDANT 00-4753 CIVIL TERM AND NOW, this ORDER OF COURT :?-3' vf1 day of March, 2005, upon receipt of the within petition for special relief, IT IS ORDERED: (1) A hearing seeking an order of special relief pending conciliation shall be conducted in Courtroom Number 2, Cumberland County Courthouse, at 9:00 a.m., Wednesday, March 30, 2005. (2) Pending that hearing Laura M. Shindle, born May 22, 1990 and Kyle M. Shindle, born February 3, 1996, shall remain with their father, Mark R. Shindle. By th~ Court, / / ,/'" .' /.~' / / '\. ~ ~, ~y,~ ~dley L. Griffie, Esquire +-\0- nd e d to For Plaintiff ~ R. Hildebrand, Esquire m.~ll For Defendant - I . T.-Q 1 i :sal '~') () 3-d3 --()5 r~/d (r!()1 '('1 '-1)) 1)1 II ;;v ,; vV ,)\f -n 110 / lJfJU011 i))d '~l fl0 MARK R. SHINDLE, PLAINTIFF IN THE COURT OF COMMON LEAS OF CUMBERLAND COUNTY, PEN SYLVANIA V. JENEL YN SHINDLE, DEFENDANT 00-4753 CIVIL TERM TEMPORARY ORDER OF COURT AND NOW, this 5.0 day of March, 2005, this ~ase ha ing been I I called on a petition for special relief, IT IS ORDERED: I (1) All prior custody orders are vacated and this temporary rder is ntered without prejudice to either parent on the merits of the complaint for custody by Mark R. Shindle that is pending conciliation. (2) Laura Shindle, born May 22, 1990 and Kyle Shindle, bo n Febru ry 3, 1996, shall finish the current school year from their father's residence in ercers Pennsylvania. I (3) The mother, Jenelyn Shindle, shall have Laura and KYl1 (a) on Iternate weekends from Friday evening to Sunday evening, or Monday eVe~ing if M nday is a I school holiday, and (b) for one evening after school until 8:00 p.m',1 on eith r the Monday, Tuesday or Wednesday following the weekend she does rot have the children if she goes to Mercersburg to get them. (4) If there is no custody order entered before the end of th current school year, then during the summer school vacation period the mother shall h ve the c ildren for two weeks and the father one week on that three week alternating ~asis un il a further order is entered. . (5) The parents shall share transportation for exchanges of the chil ren except for the one evening a week provided in Paragraph 3. .4adley L. Griffie, Esquire For Mark R. Shindle ~I R. Hildebrand, Esquire For Jenelyn Shindle :sal By the Court, !fl1 O'Q).. J.J~.:\ i ? I , .n cL o...ili - ~~ 03-.50-05 / U}'. ~~~;; >...!- ~i'':: !-. lL ei ":y) "'::1"' \."," '. ~::) P-) " ".~ .. .. ." :- 1."':- t::... ~~ - . * MARK R. SHINDLE PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANI, v, 00-4753 CIVIL ACTION LAW JENEL YN SHINDLE DEFENDANT lN CUSTODY ORDER OF COURT AND NOW. Wednesday, March,30, 2005 , upon consideration of th attached omplaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Gree y, Esq. . the conciliator, at DJ Manlove's, 1901 State SI., Camp Hill, PA 17011 on Friday, May 06, 200 at 1.:00 PM for a Pre, Hearing Custody Conference. At such conference, an effort will be made to resol~e the issu 5 in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and!to enter i to a temporary , order. All children age five or older may also be present at the conference. Failure to appe4r at the co 1ference may provide grounds for entry of a temporary or permanent order. , The eourt hereby directs the parties to furnish any and all existing Protection ffom Abus orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduler hearing FOR THE COURT. By: __IL_MeIissa"P. Greevy, Esq. Custody Conciliator ~- I The Court of Common Pleas of Cumberland County is required by law to co ply with the Americans with Disabilites Act of ] 990. For infonnation about accessible facilities and reasonable accomm ldations available to disabled individuals having business before the court, please contact our otlice. All rrangemems must be made at least 72 hours prior to any hearing or business befbre the court. You, ust allen the scheduled conference or hearing. I YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE.: IF YOU )0 NOT HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE -UHE 01'1'1 .E SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. I i I i Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249,3166 ~. ~ -!l- ~ 4; ~p!# fp ~ ~ 71L ~. ~ 7-~kcr/J/f7jJ S~ D ;11 (d n (' 1,_'l:'t I r;~"'~ c.;v Ij,; "':'. '"''',',(If .. _,,"01'01 ).,tj'i 5D oE.r ?V' OF r 5'0 ,2F [' n~J r. > :r) RECEIVED MAY 121005 MARK R. SHINDLE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-4753 CIVIL TERM v. CIVIL ACTION - LAW JENEL YN SHINDLE, IN CUSTODY Defendant BAYLEY, J. --- TEMPORARY ORDER OF COURT AND NOW, this \ V day of May, 2005, upon consideration of the Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Leaal Custody. The parties, Mark R. Shindle and Jenelyn Shindle, shall have shared legal custody of the minor children, Laura M. Shindle, born May 22, 1990, and Kyle M. Shindle, born February 3, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children'S general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa. C. S. 95309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. The Father shall haye primary physical custody subject to Mother's rights of partial custody which shall be arranged as follows: A. During the school year, effective May 13, 2005, on alternating weekends, from Friday at 6:00 p.m. to Sunday at 6:00 p.m. However, if Monday is a school holiday, Mother's custodial period shall be extended until 6:00 p.m. Monday evening. B. During the school year, one (1) eyening after school until 8:00 p.m. on either the Monday, Tuesday or Wednesday following Father's custodial weekend provided, however, that Mother provides all transportation incident to these weekday periods of custody. ^'._____o__.___ } NO. 00-4753 CIVIL TERM C. Commencing with the first full week following the dismissal of school for Summer recess, Mother shall have the children for two (2) weeks followed by Father having the children for one (1) week and continue that alternating pattern throughout the Summer school recess. 3. Transportation. The parties shall share transportation incident to weekend custodial exchanges and the Summer custodial exchanges with Mother picking up the children at the Sunnyway at the beginning of her custodial time and Father picking up the children at Mother's home at the beginning of his custodial time. 4. Mother's Day / Father's Dav. Commencing with Mother's Day 2005, the custodial periods for the Mother's Day and Father's Day holidays, if they do not fall on that parent's regularly scheduled custodial weekend, shall be from 6:00 p.m. Saturday until 6:00 p.m. Sunday. 5. Easter. During the Easter season, the parties shall share equally in the Easter school break by alternating the following two (2) periods of physical custody: A. From 6:00 p.m. on the last day of school prior to the Easter holiday until 1 :00 p.m. on the Saturday before Easter. B. From 1 :00 p.m. on the Saturday before Easter until 6:00 p.m. on the last day of Easter school break. C. The parties shall alternate these periods by Mother having the first period and Father having the second period in even-numbered years and Father having the first period and Mother having the second period in odd- numbered years. 6. ThanksQivinQ. Thanksgiving shall be shared by alternating the following two (2) periods of custody: A. From 6:00 p.m. on the last day of school prior to the Thanksgiving holiday until 1 :00 p.m. on the Saturday immediately following Thanksgiving. B. From 1 :00 p.m. on the Saturday following Thanksgiving until 6:00 p.m. on the last day of the Thanksgiving school break. ,. ___"__._..._m_~.'_ , NO. 00-4753 CIVIL TERM C. The parties shall alternate these periods by Father having the first period and Mother having the second period in even-numbered years and Mother having the first period and Father having the second period in odd- numbered years. 7. Christmas. Christmas shall be divided into two segments, Segment A and Segment B. Segment A shall be from December 24th at Noon until December 25th at 3:00 p.m. Segment B shall be from December 25th at 3:00 p.m. until December 26th at 6:00 p.m. In odd-numbered years, Mother shall have Segment A and Father shall have Segment B. In even-numbered years, Father shall have Segment A and Mother shall have Segment B. The balance of the Christmas school vacation will be dividecj equally between the parties. 8. The holiday schedule enumerated above shall take precedence over the regular schedule. 9. The parties are expected to use common sense in scheduling telephone calls to talk to the children. The parties are hereby directed to refrain from preventing the party who may be calling from talking to a children, or preventing a children from calling the other party, provided that the phone calls are not excessively frequent nor too long in duration that they disrupt a child's schedule. Phone calls initiated by a party should be kept to a maximum of twenty (20) minutes, and a maximum of three (3) phone calls per week. 10. This Order vacates and replaces all Orders and Temporary Orders entered in this matter. 11. If within sixty (60) days of the date of the May 6, 2005 Custody Conciliation Conference either party desires to return to the Custody Conciliation Conference, such request may be made by facsimile directly to the Custody Conciliator. After that time, the parties desiring to return to the Custody Conciliation process may do so as provided by the Rules of Procedure. BY THE q>URT: Dist: Bradley L. Griffie. Esquire, 200 N. Hanover Street. Carlisle, PA 17013 > '.l JenelynShindie, 1 BoeingRoad,Apt.1,NewCumberland,PA 17070 f'..~~ ~ .";(-/. -0"/ '\ Lf-., '".I ::::! \J~ ;,l..... ~.( ~ \> \',- CJ cP o ,.::.... <:-......1 - .~ ~~ ;~ ~"''''' \.f--~ (.:',~-. c.:? ,-.J (~ --:) () . RECEIVED MAY 12 2005.Y MARK R. SHINDLE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-4753 CIVil TERM v. CIVil ACTION - lAW JENEl YN SHINDLE, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-7, the undersigned Custody Conciliator submits the fOllowing report: 1. The pertinent information concerning the children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF laura M. Shindle Kyle M. Shindle May 22, 1990 February 3,1996 Father Father 2. A Custody Conciliation Conference was held on May 6, 2005 in response to Father's filing of a Petition for Modification of Custody on March 23, 2005. Present for the Conference were: the Father, Mark R. Shindle, and his counsel, Bradley L. Griffie, Esquire; the Mother, Jenelyn Shindle, participated pro se. 3. The parties reached an agreement in the form of a~ as attached. 10/ 11()~ ~ ;ftv 8i{[ V; . elissa Peel Greevy, Esquire Custody Conciliator , / Date :250269