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Home My WebLink About97-00259 \. " ~ C \J \I ~ U C \ " ~ .., ~ ~ \J C c: U \! ,~ i t I~ " I , I I ,'" ( .... ,r ~- , - I .; , - :'-J , ~ SA~IUJo:L LANDES ATTOUNI!Y AT J.AW FILE COpy nun Nounl l'WI~Lft'1'1I MTItI~";T P.O lJoX lUll J.HNOYNJ~t PJ~NNSYJ.VANJA 1704a TIl:LP."UUNtt I '17I10J.oal" 22 May 2001 PA' I 'lrl 161'14~1'I SENT BY FAX & REGULAR MAIL Thomas J. Williams, Esquire 10 East High Street Carlisle, PA 17013 I I I RE: Walls - Winebrenner Dear Tom: I was able to communicate with my client about the matters raised in the fax you sent me yesterday, She provided me with the following information: 'l I 1. The last time your client had the child, she sent along with the child, in his suitcase, copies of the report card and other school documents he is to have, She assumes he received them when the son unpacked his suitcase, She has done whatever she can to provide that information to him, 2, The problem with the Memorial Day holiday is caused by the school, not my client, Because the school was closed several times this winter because of inclement weather, the school has scheduled a session for Memorial Day itself. As a result, the child must be back with her to attend school that day. That means that the longest time your client could have the child, without interfering with school, would be from sometime mid-day Saturday until sometime mid-day Sunday. Rather than put the child through the ordeal of that much travel for such a short visit, I suggest we find some other time for your client to have the child which is more practical for everyone, Once my client has moved and I know more details about where she will be living and the travel times and distances involved, I will respond to your proposal. If your client is to have the child two weekends a month, I think it is only fair that his longer periods of time over school vacations be reduced. My client agreed, and I DEFENDANT'S, EXHIBIT l4T5 12'30/ GREENCASTLE.ANTRlM SCHOOL DlSTRlCT 1ST SUMMARY REPORT STUDENT: KENNY WINEBRENNER AGE: 7 DOB: 5/22/94 GRADE: 2 REFERRING TEACHER: Mrs. Higgins REPORT COMPILED BY: Mrs, Konnanski MEETING DATE: 10/05/01 STRENGTHS: . Likes to help . Very friendly . Mannerly . Loves storytime REASON(S) FOR REFERRAL: · Great difficulty in language arts - reading, recalling words, decoding, using strategies, spelling and writing . Poor work habits (plays, disorganized and inattentive) . Difficulty completing work BACKGROUND: . K - Bethel Christian Academy 99-00 . September 2000 - January 200 I ?? · Greenup County Schools - McKell Elem, South Shore, Kentucky. January 16,2001 - end of year - PI (K) level- ungraded primary school . Lives with mother, Susan Walls and stepfather, Cornelius Cline MEDICAL INFORMATION: · Hearing - nonnal middle ear pressure elevated, will recheck in 2 weeks, may need further evaluation · Vision - nonnal- close vision check also nonnal . Uses inhaler for exercise induced asthma . Environmental allergies, Zyrtec I '. ' i - ~ :;~;'.: j f ,I! i .'.. ' :: r . . ': ; r '.t.' i', ,! ";'~ 7:':') ~~,' (;'!" '~ .'il,~I'I}J:d~ l~t '_0" "p_~"_Y__' .......__-_.... ...... v. "_ ......._..~.._... . ._...~.4...._~~_...1.;.,.;... .~. .'v_ , J " " ' " L...;,...~~.."'"-:""""__~_... ,,;,,~.:.-;_. _._.....;..... .:_..:.._.~. __. , , , , . .,': .,~.....-...~.:...~- ...._....I~...'.'_..-.....--:.:.~---; " ,.,'.,' ':., ...., ..' . '.: L-Icf . J' ;l.,;.,:.~,'y:.l.j.:'[_1 , ',' ~- ;..:;. ;, , STRATEGIES IN PLACE: · Teacher proximity . Peer help . Reminders · Complete part then check with teacher · Removed pencil basket . Cues · Help organizing desk frequently . Remedial reading group · Teacher contacted previous school- first grader working on Kindergarten skills CLASSROOM OBSERVATIONS: 9/28/0 I - on task 81 % duripg math 10/3/01 - on task 70% -language arts (phonics, consonant clusters) with much extra teacher intervention to explain task and several checks CURRICULUM-BASED ASSESSMENTS: · Mrs. Newcomer, remedial reading - PASP 9 (7-7,5) - ORA level 3, 96% - 24 words on a 10 minute "write" . pconounce.\. wc.~(." ""~..\-' ~Sa..o...t, .JoD/';'/ (/lOr Ct,)) . su..,,:s\..+u.~d u,,'n.J. ,--,s""."..:t s~~ Iq/~I (.or", CL'J) (f,h (J.fur,,,,) . .s\A.\"~,+".icd sh.-,. "o""cI so~J.s 'lIs- (nor ;t) nor ac".f.d",n} . SlAbs-f.,-h..-kJ. 10'>'\.1 vowel sO'\v>\cl., :ill!; . b4"C. s'g!.;; IJoC:C1.b...J"'lI- 4[>/(,0 - PI' . s(.n~c(. t'YICN>1.....~ 1:1- s~,1lakle.J . IISfu,.,,~ c."""t'rc..l\~".rl"'" 3 t . {'o~<. C:o"""+'''J l- \,O'l.~) lair s's 'S-100 J "':t 10" 10 - , 00 . ('..c..o~",'t...cl. """"""....oJ5 1- 100 · Qa.<in:tO'O"l '1{1 I SvJo\-r..c.+-"", f,/7 100#. w,'\-t\ "U,M,loltr1lr1'(. GOAL(S): . Kc""y'~ rCl1.d\y'3 levd w.ll ,.....prove. to LWGI.JL. . ' . \(en,,~!Jwot'\c. k..b.t. w.\I ''''prove, . K.en"~ wd' c.",p1d.c a.~"'~Me.d.,. FOLLOW-UP MEETING DATE: - '1e-"\,,.\'wc (30 sc:.hool da..as) - ~o-.J .:J.9 @ Ii'!OO am-, GREEN CASTLE-ANTRIM SCHOOL DISTRICT 1ST SUMMARY REPORT ,,' ". ..' ;'~Yi\X:;3:'. - ',~.:.'J '";,. ..,...,,,1, 't,,,"",,, . ".", I." ..~, .I 'w- ..~.~/, 'l4" ", r-"'''.''''!.,"''r " "', . "r\ r,,\,. h\,.:t ( ,I, ' . ;''''.[.11'l--1 .'''''1''I,t/'O'1l..t>:it'I''''\ - ~" r - ..\ I 'l'tJ'r.' , . , , ..'.I~':/'~'''''''IJ;>O' ~ , "' '...... ,..\,p.~ "-':1.\ Jo.'< t l',' 'f ',,' {, .. .' ,.I!I.i~')":"I...4;iI.:t " ,",,~ ,".' '. ,,', GREENO,SilE -n:r~lr'l SCHCOl DIe, TRIGT 1ST INTERVENTION PL6.NNING S\uoont' Ker1(Hj_( AJ I r1e hrt"rl 111' r Date of P \anning Meeting , 0 I" / 0 , , Grooe A..; TIme J'oo It,/?, E5TABLlSHm..G.QALC S); , Ke",,~~ re~J level w,11 I'll f(q,JC -1-. LevJ f? . Ken'l ',s LJdYl:, ho..u',1-.!o \,1,/,1\ "llfrOl/~ Ken~ wdl CJ:nl\p/e.t(. <tsS',~" nl,t:IJ-s ~;I~~'~li~;" fl'Q~Y sWf~ lAJ,l\ ""f''')/( I t"rp h <J.rtd w~,1 ""j' INTERVENTIONS SELECTED: PERSON( S) RESPONSIBLE, MrfJ\J"cJ('rf\lH"r _ Mrs (<:2'erlcJ h~lJ lJewcC'n'Ier fa-rents / / ,JJ..r'5. V;,(j~t1\A'{ / , -.Mrs. K".,..mCLt-tsbt .A;lrs. . . 1-J"iJ8' ,n-" - I~ tJMd.s~ r'1('tVI~- Mfl'wCm1er /t~;_~.... (lCl.rds WM-h-P-p (}Mo.. 1st ~ro..cje. \"uoY'ds ~~5'tlS ~ s~~"- J?r'ClL-h h,~,I 11~~vp,('~ "",{- w/,<1/ ri!,.'te\l -PQxc,d .1'1 ~e~ ol \J-b 1M. c\e~b tll~ (OY'~~1ie'r/ ,s.!.k-.- fJ(o'(Jr~t vAv..., / Drdl S:;,o-dLlN,.h 'BeJUt-v:(jY oS he-eX (""--1-1" keh) - + c.k.a.r-t EA+rQ "I'tld~, he-I f Phon flll;r R,AI l1.,P t1 P <;,,, ( da,; (0.) Qdill~ 'P-! C.lose.. (S~n-\<""cel\sJ I I .:5fe I (,~,€st (1n cle~k Co fLo ~J h ~,~, H8'1r' ;'05 ;<.l'-oS J . /<'<1TrYlcz",,-s C, PROGRESS MONITORING: ' I Mrs, NI'I<J(',amU'" - 0'\01'\,+-0,.. 1'~a..d~SJ' = M 1'"5. ~ ;I\S - Mo r,,+z,.,- wo,.k 1\ a.b,t.s I uJork I~CYl ol. -\."t rYJo1c1' S k ,1I~ ADDITIONAL COnMENiS, PR((iRES.C; REVIEW MEETING DATE' Nov ;1., 'I ' gee .. 2 12.'~'O 1 '/IJV II 5 ZUOll\~ vs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 97-0259 KENNETH M. WINEBRENNER, Plaintiff Defendant CIVIL ACTION - LAW CUSTODY !)USAN WALLS, INTERIM ORDER OF COURT Hess, J, - AND NOW, this ? -v; day of November, 2001, upon consideration of the attached Custody Conciliation Summary Report and recommendation of the Conciliator, it is hereby ordered and directed as follows: 1. This Court's previous Order of September 4, 2001, shall continue in full force and effect pending an agreement of the parties or further Order of Court with the following additions: A, The parties shall call each other to confirm their departure prior to leaving for the exchange of custody incident to Father's periods of partial custody, B, Any changes in Father's custodial time shall be discussed and agreed upon by the parties, one week in advance, in writing, Mother shall make no plans which shall interfere with Father's custodial time without expressed written agreement of Father. The requirement for written agreement as to change in plans shall not apply to urgent, last-minute circumstances such as the illness of the Child or severe weather conditions, In the event that Father is unable to exercise his period of custody due to severe weather conditions, Father shall be entitled to make up time within the subsequent four weekends, C. Mother's period of custody following the Thanksgiving holiday shall be considered one of her custodial weekends, by agreement of the parties. Therefore, Father's next alternating weekend following Thanksgiving shall commence on Friday, November 30, 2001, D, Mother will provide adequate clothing for the Child during his periOdS of custody with Father. Father shall return the clothing with the Child at the end of his periOdS of custody with the Child. '~IJ" II ;) IUOI tJ! f vs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 97-0259 " I KENNETH M. WINEBRENNER, Plaintiff Defendant CIVIL ACTION - LAW CUSTODY SUSAN WALLS, ORDER OF COURT Hess, J. - AND NOW, this day of , 2001, it appearing that the parties are in need of a hearing with regard to Father's Petition for Contempt, it is hereby ordered and directed as follows: 1, A hearing is scheduled in Courtroom Number _ of the Cumberland County Courthouse, on the day of ,2001, at o'clock _,M" at which time testimony will be taken. For the purposes of the hearing, the Father, Kenneth M. Winebrenner, 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, BY THE COURT, Kevin A. Hess, J, Disl: Thomas J, Williams, Esquire, 10 E. High Slreet, Carlisle, PA 17013 Samuel L Andes, Esquire, 525 N, 12~ Street. PO Box 168, Lemoyne, PA 17043 NlJV Ii :, rUIIl J} KENNETH M. WINEBRENNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-0259 vs, SUSAN WALLS, CIVIL ACTION - LAW CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915,3-8, the undersigned Custody Conciliator submits the following report: 1, The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH May 22, 1994 CURRENTLY IN CUSTODY OF Kenneth M. Winebrenner, Jr. Mother 2. A Custody Conciliation Conference was held on October 29, 2001, with the following individuals in attendance: the Father, Kenneth M. Winebrenner, and his counsel, Thomas J. Williams, Esquire; counsel for the Mother, Samuel L, Andes, Esquire. The Mother did not attend, 3, Father filed a Petition for Contempt citing Mother's failure to provide access to the Child on his periods of custody over Memorial Day weekend 2001, August 31, 2001, and September 14, 2001, Additionally, Mother allegedly hung up the phone/or refused to talk with Father to confirm custodial plans on September 18, 2001, and September 25, 2001. Father represents that he discovered the Child's starting date for school was three days later than Mother had represented to him, and at that time she informed him that he would not be having custody on the first custodial weekend following the August 9, 2001, Custody Conciliation Conference. He, therefore, believes that this was Mother's intentional conduct to interfere with his periods of custody. Interestingly, Father relates that the parties were able to work out a cooperative plan with regard to arranging custodial time for both parents prior to Mother's relocation to Tennessee, However, since that time the parties' abilities to work cooperatively to maintain Father's custodial schedule has, in his mind, deteriorated significantly, Father is seeking to require Mother to comply With the Custody Order as written and to be reimbursed for his out-of-pocket costs related to the enforcement of the Custody Order. Father relates that the custody schedule has been going well since the time of the filing of his petition. However, the providing and returning of clothing continues to remain a conflict for these parents, Additionally, Father relates that Mother has failed to provide him with a schedule for the Child's soccer events. ! No, 97-0259 - Civil Term t 4, Mother's position on the Contempt Petition, Mother did not attend the Custody Conciliation Conference, However, her attorney had discussed the allegations with her and provides the following input from his client: Mother reports that Father agreed to one change in the schedule because of the Child's soccer schedule, The Child's visit was then subsequently delayed because of the soccer game starting late and traffic delays related to construction on Route 81, Mother alleges that she is providing clothing for the Child to wear during his custodial weekends, However, she claims that Father fails to return the clothing, Additionally, Mother alleges that the Father uses abusive language and engages in name-calling when the parties are in conflict with regard to custodial arrangements, {, 5. It is apparent to the Conciliator that the parties have little to no trust in each other. Both parties have widely disparate views of the facts and circumstances surrounding the missed custodial visits, Counsel and the Conciliator developed a list of possible options to assist the parties in avoiding future misunderstandings and enhancing the parties' ability to communicate with regard to custodial plans. These options included the following: t , i A. The parties obtaining cell phones so that they would be able to call each other in the event of a delay due to weather, mechanical problems or traffic, B. The use of e-mail to communicate with regard to the Child's schedule. C, To use a local friend or relative as an intermediary with which messages could be left in the event of a delay in travel. D. For each party to consent to the recording of their telephone conversations with each other to provide verification as to what each had agreed to, E. For the parties to attend co-parent counseling or mediation to assist in improving the co-parent relationship. 6, We were not able to explore these options with Mother. However, they were explored with Father. Father does not have a cell phone and does not feel that he can pay for a cell phone or for the services of a therapist or mediator. Father does not have a computer and therefore does not have access to e-mail. The Conciliator suggested the parties might consider changing the transportation arrangements incident to the custodial exchanges such that Mother would provide the transportation at the end of her periods of custody and Father would provide the transportation at the end of his periods of custody. Counsel for Mother was unable to make agreement with regard to this change without consulting with his client. No, 97-0259 - Civil Term t 7, Issues about which the parties reached an agreement. A change in the schedule for the weekend rotation as it relates to the interface with the Thanksgiving holiday, and a plan by which each party would try to reach the other by telephone prior to their departure to arrive at the meeting place for the custodial exchange, 8, The parties were not able to reach an agreement as to Father's Petition for Contempt; therefore, a hearing will be necessary, Additionally, these parties have pending a dispute with regard to the summer visitation schedule which is scheduled to be heard on December 3,2001, at 9:30 a,m" in the Courtroom of Judge Hess. That healing is presently scheduled for two and one-half hours, Therefore, this matter should be reviewed by Judge Hess to determine whether he will need to schedule a separate hearing date to address the Contempt and the summer schedule or whether he might want to address all of the issues at the hearing currently scheduled on December 3'd, Date frA/6/ .~ Me Issa Peel Greevy, Esquire Custody Conciliator 9, The Conciliator provides the Court with the attached recommended Interim Order of Court as well as an Order simply scheduling the Contempt Hearing. KENNETII 1\1, WINEBRENNER PLAINTIFF IN TilE COURT OF COMMON PLEAS OF ClIMIlI'RI,ANIl ('OlINTY, PENNSYLVANIA V. 97-0259 ('IVII. ACTION I.A W SUSAN WAllS F/K/A SUSAN 1\1, WINEDRENm'lENDANT IN CUSTOIlY ORnER OF COllin AND NOW, .'rlday. October 05. 2001 , upon considcration of the attached Complaint. it is hereby directcd that parties and thcir rcspcctivc counscl appcar hclllre Mell..a P. Greevy, Esq. at 214 Senate Avenue, Sulle lOS, Camp 1111I. PA 17011 on Monda)'. November OS, 2001 , the conciliator, at 11 :00 AM for a Prc-lIearing Custody Confcrcncc, At such confcrcnce, an cmlrt will bc made to rcsolvc the issues in dispute; or if this cannot be accomplished, to dcline and narrow thc issucs 10 bc hcard by the court, and to cnter into a tcmporary ordcr. All childrcn age live or older may also be present at the conference, Failure to appear at the confcrcncc may providc grounds for cntry of a tcmporary or pcrmancnt order. The court hereby directs the parties to furnish any and all exlstlnlll'rotectlon from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR TilE COURT, By: Isl Melissa p, GreevJ" Esq, Custody Conciliator 0."", \ }I' , The Court of Common Picas ofCumbcrland County is requircd by law to comply with the Americans with Disabilites Act of 1990, For information about acccssiblc facilitics and reasonable accommodations available to disahled individuals having busincss before thc court, please contact our office, All arrangements must be made at least 72 hours prior to any hearing or busincss bcfore the court. You must attend the schcduled confcrence or hcaring, YOU SHOULD TAKE TillS PAPER TO YOUR ATroRNEY AT ONCE. IF YOU DO NOT HAVE AN ATI'ORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WIIERE YOU CAN GET LEGAL HELP. Cumbcrland County Bar Association 2 Libcrty A vcnue Carlisle, Pcnnsylvania 170 \3 Tclcphone (717) 249-3166 t /~, 'b~'~1 du". ~~_ ,"~/:d,- g d-:f ?J~~~ It) S" ell '71?Cv ""a~/ t.. t'v(! ~ . le'1tfl dP,j 1~14~ ;i a/f>d--t<@tJ- . '. ,. i , " KENNETH M, WINEBRENNER, PlaintifrlPetitioner IN HIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA I. v, NO, 97-0259 CIVIL ACTION - LA W SUSAN WALLS f/kJa SUSAN M, WINEBRENNER, Defendant/Respondent IN CUSTODY RULE TO snow CAUSE AND NOW, this day of , 200 I, in consideration of the foregoing Petition for Contempt, a Rule is hereby issued upon Respondent, Susan Walls f/kJa Susan M, Winebrenner, to show cause, ifany there be, why the relief prayed for should not be granted, Rule returnable days from sClvicc, BY THE COURT, Kcvin A. Hcss, J. I Illl~ 1l^1 ^I II I', (,(/I,t... ,ur l(1~'I~ I'(\~l<k l',~.&IeJ o,,:lolu: J\ .HI'''' 1l~'luJ 1~j:~.l)lll1l1 .III'''' ; ~ KENNETH M. WINEBRENNER. Plainti rrlPclitioner IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW v, NO, 97.025') SUSAN WALLS flk/a SUSAN M, WINEBRENNER. DefendanliRespondent IN CUSTODY PLAINTIFF'S l'ETlTION FOR CONTEMPT AND NOW, comes the Plaintiff. Kenneth M. Winebrenner. by and through his allomeys, MARTSON DEARDORFF WILLIAMS & OTTO. and !iles this Petition for Contempt as follows: I, A Custody Order in this case was entered on January 9. 2001. a copy of which is allached hereto and marked as Exhibit "A." This Order gave Respondent (hereinafter "Mother") primary custody of Kenneth M, Winebrenner. Jr. (hereinafter"Kenny") and pemlilled herto rclocate to Kentucky, 2. A revised Custody Order was entered on April 20. 2001. a copy of which is all ached hereto and marked as Exhibit "B." This Order set the transportation responsibility for the exchange of custody, 3, A hearing with regard to revised summer custody is scheduled for Deeember3, 200 I. 4. Mother has violated and continues to violate the requirements of the above noted custody orders by refusing to deliver the child to Petitioner (hereinafter "Father") as required by said Orders, including. inter alia. the following: a. On Memorial Day 2001. Mother advised Father that she was moving and would not have the lime to bring the child to the exchange pain\. b. On Friday. August 31. 2001. MOlhernotitied Father that the child had soccer practice" and she would bring him to the exchange point on Saturday morning instead of 7:00 p,m, on Friday night as required by the Court's Custody Order. C, On Friday. September 14.2001. Father left work early (as he usually does on his custody weekends) in order to get to the exchange point which takes about an hour and 15 minules 10 drive from his residence, No Mother, no Kenny and no answer of her phone, Upon arriving home, there was a phone message from Mother that she would not deliver the child on Friday night because the child had "soccer pictures" and she would bring the child to the exchange point on Saturday morning instead, Father immediately called Mother, but (as usual) reached her answering machine. lIe lell a message that he was going to Carlisle (the exchange point) and was not in agreement with these last minute changes of plan, When Father reached the exchange point in Carlisle, Mother was not there. He called Mother from Carlisle, again reaching only the answering machine, then lell for home, Upon his arrival at home at approximately 8:30 p,m" there was a message on his answering machine from Mother stating that she was in Carlisle and wanting him to come and get his son. Being doubtful that Mothcr would still be in Carlisle by the time he turned around and drove back. Father did not go. D. On Tuesday, Scptember 18, 2001 Father had a routine telephone call with Kenny and then asked to talk to his mother, Susan got on the phone, said "Hello" and Father asked her to confinn the custody exchange for next Friday, The line went dead, Father called back and there was no answer, nor did the answering machine pick up, E. On Tuesday, September 25, 2001 Father had a routine telephone call with Kenny and then asked to talk to his mother, intending to again discuss the exchange of custody this coming Friday, Kenny went to get this mother and the line shortly went dead. Father called back but there was no answer, nor did the answering machine pick up, 5. The changes made by Mother in the Court ordered custody exchanges were peremptory and unilateral. Father never agreed to same; in fact, Father was never given the opportunity to agree to same. On the contrary, Father has specifically notified Mother on previous occasions that any changes in the Court ordered custody would require a consultation and agreement before the fact. Father's toleration of past instances of Mother's unilateral changes were not intended to be acquiescence in these decisions, but rather attempts to avoid having to file a Petition like this. vs, IN HIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 97-0259 CIVIL KENNETH M, WINEBRENNER. Plaintiff SUSAN WALLS, F/KlA SUSAN M. WINEBRENNER, Defendant CIVIL ACTION - CUSTODY ORDER AND NOW, this ,.. day of January, 2001, following hearing and careful consideration of the testimony adduced. the petition of the defendant, Susan Walls, flk/a Susan Winebrenner, to modify the custody order because of relocation is GRANTED, The parties hereto shall file of record and with the court wrillen proposals regarding periods of partial custody to be awarded to the father. In addition. either party may request oral argument on this mailer. BY THE COURT, K:jH;",t Pi.. Thomas J, Williams, Esquire For the Plaintiff Samuel L. Andes, Esquire For the Defendant :rlm EXHIBIT "A" 3, The father shall have the following periods of temporary or partial custody of the child: A, Every summer, commencing at noon on the first Sunday following the end of school in Mayor June and ending at noon fourteen (14) days prior to the opening of school in August or September of the same year, B, Each spring for the child's spring vacation from school, commencing at noon on the first full day he is not in school and ending at noon on the last full day before school resumes. For spring of200 I, the father's period of temporary custody over the spring vacation shall commence at noon on Saturday, April 7, 2001, and conclude on Sunday, April 15,2001. C, For all of the child's vacation from school over the Christmas and New Year's holidays each year, except for five days of the vacation during which the child shall be with the mother. In odd-numbered years, the mother's five-day period shall consist of the last five full days of the vacation, commencing at noon on the fifth full day before the end of the vacation, In even-numbered years, the mother's five-day period shall commence on the last day of school before the vacation and end at noon on the fifth day thereafter. D. One weekend each month when the father does not have periods of temporary custody as outlined above. The parties will coordinate these periods of temporary custody so they take place when the child has a three-day weekend off of school and the father's period of temporary custody shall commence at noon on the first day the child is out of school for sueh weekend and end at 2:00 p,m, on the last day the child is out of school for the long weekend, The mother shall provide the father with a copy of the child's school calendar by the end of August each year and the parties shall communicate during the first two weeks of September to set the schedule of the periods of tcmporary custody set forth in this sub-paragraph, E. Such other times, and in such other places, as the parties may mutually agree. 4. The parties will share the transportation for custody exchanges required by this order. Exchange of the child shall be at the home of mother's parents in Hancock, Maryland, provided, however, that if mother's parents are unable or unwilling to provide their home for the exchange of custody, then the exchange of custody shall be at the home of father's parents in Lavelle, Maryland, 5. Mother will provide adequate clothing for the child during his periods of custody with the father. Father shall return the clothing with the child at the end of his periods of custody with the child. 6. Each party shall have the right to communicate with the child when he is in the custody of the other, by telephone or in person, no less frcquently than twice a week, and the child shall be made available for telephone calls, at a minimum, on Tuesdays and Thursdays at 8:00 p,m. BY THE COURT, Ai.. Thomas 1. Williams, Esquire For the Plaintiff Samuel L. Andes, Esquire For the Defendant :r\m , i VERIFICATION The foregoing Petition for Contempt is based upon infonnation which has been gathered by my counsel in the preparation of the lawsuit. The lunguage of the doeument is that of counsel and not my own. I have read the document and to the extent that it is based upon infomlation which I have given to my counsel, it is true and correct to the best of my knowledge, infonnation and belief. To the extent tbat the content of the document is that of counsel, I have relied upon eounsel in making this verification. This statement and verifieation are made subjeet to the penalties of 18 Pa. C.S, Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false avennents, I may be subject to criminal penalties. U~~ Kenneth M. Winebrenner f 'lIlL" UA TAtH.1; r>ff\J." ".I'IU:~:pd : t {, t ~ , I I RECEIVEL SEP 2 4 2001 MDwr 't \", ~ , , ~ - , .::::: ~ ) ; ~ ~ '. , " " ~ . . ; ~ .. : I ,- -. (~, . KENNETH M, WINEBRENNER, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND , ) COUNTY, PENNSYLVANIA " ) !; vs, ) CIVIL ACTION - LAW ) SUSAN WALLS, F/KlA SUSAN M, ) NO, 97-0259 CIVIL TERM WINEBRENNER, ) Defendant ) IN CUSTODY PRE.HEARING MEMORANDUM OF DEFENDANT. SUSAN WALLS I. BRIEF HISTORY. " " i: I' I, This case involves the physical custody of one child, Kenneth M. Winebrenner, Jr., I, now age 7, born 22 May 1994, Prior to December of 2000, both parties resided in the Carlisle area and the child was in the primary physical custody of the Defendant/Mother. There is dispute about how much time the child spent with the Father. Father claims that I I; 1 the child was with him about forty percent of the time and Mother contains the child was with him, on average, about five days out of every twenty-eight days, In late 2000, Mother moved to Kentucky with her fiance, Following a relocation hearing, this court confirmed custody in Mother and allow her to take the child with her for that relocation. Following various presentations and arguments before the court, the court then entered an order in the spring of 2000 setting a schedule of temporary custody for the Father, which gave him the majority of every summer and the majority of the child's vacations from school plus one weekend per month during the school year, In the summer of 2000, because her father became terminally ill, Mother moved back to Pennsylvania with her fiance and the child and has, since August of 2001, resided in Greencastle, Pennsylvania. The parties have now negotiated a custody schedule much closer to the schedule they enjoyed prior to the December 2000 relocation, whereby the Father has the child every other weekend, alternating holidays, and periods of times over each major school holiday. The issue in the case now is the child's summer schedule. !: ... i r " n. ISSUE BEFORE THE COURT. As noted above, the primary issue to be addressed at this hearing is what portion of the summer the child should spend with each parent, The Father wishes to have the majority of the summer awarded to him. Mother believes the parties should return to a schedule much like they had prior to her relocation, Because the child now sees the Father every other weekend, alternating holidays, and during other major school holidays, there is no longer a need for him to spend the majority of the summer with his Father. Moreover, the Mother needs a substantial period of time during the summer so that she can enjoy a relationship with the child when he is not attending school. Father's work would interfere I, with him have custody most of the summer, while Mother is available most of the time to be I with the boy because her employment is more limited, Finally, Mother believes the child should spend most of the summer with her so that she can continue to work on his school work during the summer to overcome problems he has developed in school. m. WITNESSES. Plaintiff intends to call only herself and, perhaps, her fiance, Cornelius Cline, both of whom will testify about their work schedules, their living arrangements, their plans for the child during the summer, and the child's need to continue his school work during the summer months. IV. VACATIONS. Mother proposes that Father have the child for two weeks of vacation each summer and that she have a similar two week period, uninterrupted by time with Father, for her family vacation, and that the alternating weekends and other holidays continue throughout the summer otherwise, Respectfully Submitted, ,,~~ Samuel L, Andes Attorney for Defendant Supreme Court I.D, #17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 , i I i I I I ! .. I., :..--.-' I P.' I -~~ , .~-;'4 r'S~~ Ii: ~f .H. ~~! "- WI" . .... i" - -fc.: b ..., fi U') ~j ~~ x: ~i .... l""" I t::::. ...: :It: a 0 <.', : , . 7, "'0 i Ii I' " " I' I KENNETH M, WINEBRENNER. Plaintiff /Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA vs, CIVIL ACTION - LAW , I , I I, , " ii " II il " 'I Ii AND NOW comes the above-named Defendant. by her attorney. Samuel L. Andes, ii and submits the attached Order of Court as her proposal for a custody schedule. in " ii accordance with this court's Order of 9 January 2001. SUSAN WALLS. f/k/a SUSAN M. WINEBRENNER, NO, 97-0259 CIVIL TERM Defendant/Petitioner IN CUSTODY DEFENDANT'S PROPOSAL FOR CUSTODY SCHEDULE Date: ~ ('1 dVth 2Dt:)\ ~,.~ u I L. Andes Attorney for Defendant Supreme Court ID # 17225 525 North 121h Street Lemoyne, PA 17043 (717) 761-5361 KENNETH M. WINEBRENNER, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, CIVIL ACTION - LAW SUSAN WALLS, f/k/a SUSAN M, WINEBRENNER, NO. 97-0259 CIVIL TERM Defendant/Petitioner IN CUSTODY AND NOW. this ORDER OF.COURT day of , 2001, following a hearing and our prior order in this action, dated January 9, 2001, and after hearing proposals from both sides regarding the details of a custody schedule, we hereby order and decree as follows: 1. Legal custody of the minor child, Kenneth M, Winebrenner, Jr.. born May 22, 1994, shall be shared by his father, the Plaintiff, Kenneth M. Winebrenner and his mother, the Defendant, Susan Walls. The parties will cooperate with each other to exchange all relevant and necessary information regarding the child's health care, education, religious training, and the like, and both parties shall have full access to all records and other information regarding the legal custody of the child, including, but not limited to, medical and other health records, school records, and the Iike.IFurther, both parties shall be available to communicate with the other regarding the child, by telephone or in person, at all reasonable hours and each of the parties shall keep the other advised of their current addresses and telephone numbers, both at home and at work, 2. Primary physical custody of the said child is hereby confirmed in his mother. ,I I' " If I I I I ,I II I Ii I I I I 'I I! Ii II I II II II I I: I Ii " 3, The father shall have the following periods of temporary or partial custody of the child: A, Every summer, commencing at noon on the first Sunday following the end of school in Mayor June and ending at noon fourteen (14) days prior to the opening of school in August or September of the same year, 8, Each spring for the child's spring vacation from school, commencing at noon on the first full day he is not in school and ending at noon on the last full day before school resumes, For spring of 2001, the father's period of temporary custody over the spring vacation shall commence at noon on Saturday, April 7, 2001, and conclude on Sunday, April 15, 2001, C, For all of the child's vacation from school over the Christmas and New Years holidays each year, except for five days of the vacation during which the child shall be with the mother, In odd-numbered years, the mother's five day period shall consist of the last five full days of the vacation, commencing at noon on the fifth full day before the end of the vacation, In even-numbered years, the mother's five day period shall commence on the last day of school before the vacation and end at noon on the fifth day thereafter, 0, One weekend each month when the father does not have periods of temporary custody as outlined above, The parties will coordinate these periods of temporary custody so they take piece when the child has a three day weekend off of school and the father's period of temporary custody shall commence at noon on the first day the child is out of school for such ..~. , weekend and end at rioon on the last day the child is out of school for the long weekend, The mother shall provide the father with a copy of the child's school calendar by the end of August each year and the parties shall , ~, i I I , ii , ~ ' o communicate during the first two weeks of September to set the schedule of the periods of temporary custody set forth in this sub-paragraph, E, Such other times, and in such other places, as the parties may mutually agree, 4, The parties will share the transportation for custody exchanges required by this order. Unless they agree otherwise, they shall meet at the time designated for the commencement or termination of any period of custody under this order at the McDonalds 'l restrauant at Exit 119 on Interstate 79 at Clarksburg, West Virginia, ~ 5, Mother will provide adequate clothing for the child during his periods of custody with the father, Father shall return the clothing with the child, in a clean state, at the end I of his periods of custody with the child, I 6. Each party shall have the right to communicate with the child when they are in I \ II I[ \i II \ I r I r ." I I i the custody of the other, by telephone or in person, no less frequently than once a week and the parties will cooperate with each other to assure such contact and communication, BY THE COURT, J. Distribution: Thomas J. Williams, Esquire (Attorney for Plaintiff) 10 East High Street, Carlisle, PA 17013 Samuel L. Andes, Esquire (Attorney for Defendant) 525 North 12'h Street, Lemoyne, Pa 17043 II. PHYSICAL CUSTODY: a. The Child shall primarily reside with Mother during the school ycar, cxcept that: I. Father shall have custody of the Child during the Christmas vacation, except that Mother shall have custody from noon on Christmas Day until noon on the day afier Christmas. 11. Father shall have custody of the Child during school holidays from noon on the first day of the holiday until noon on the last day of the holiday. Holidays shall includc Thanksgiving, Easter and any spring break recognized by the Child's school district. iii. On months which do not contain a school holiday, Father shall have custody of the Child for one wcekend per month beginning at 8:00 a.m, on Saturday and ending at noon on Sunday; provided, however, that if the Child is off school the Friday before Father's weekend. then Father's custody shall begin at 7:00 p,m, on Friday night and end at noon on Sunday, and if the Child shall have off school on the Monday afier Fathcr's weekend, thcn Father shall custody from 8:00 a.m. Saturday moming until 6:00 p,m, Sunday night. Mother shall promptly fumish a copy of the school calendar to Father and Father shall then promptly advise of the weekends he desires custody of the child as provided in this Order. b. Father shall have primary custody of the Child from noon on the first Saturday afier the last day of school every year until noon on the Sunday before the first day of school for the next year, except that Mother shall have custody of the Child for two weeks of her choice during the summer recess, c, Exchange of the Child shall be at the home of Mother's parents in Hancock, Maryland, provided, however, that if Mother's parents are unable or unwilling to provide their home for the exchange of custody, than the exchange of custody shall be at the home of Father's parents in Lavelle, Maryland. .- KENNETII M. WINEBRENNER. Plaintiff IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLV ANIA vs. 97-0259 CIVIL SUSAN WALLS, F/K/A SUSAN M, WINEBRENNER. Defendant CIVIl. ACTION - CUSTODY IN RE: PROPOSAl.S FOR CUSTODY ORDER AND NOW. this ,2. o' day ofMareh 2001. at the request ofeounscl for the defendant, argument on the proposals for custody in the ahove captioned matter set for Friday, March 23, 200 I, is continued to Friday, April 20, at 9:00 a.m. in Courtroom Numher 4, Cumberland County Courthouse, Carlisle, I' A. BY TilE COURT, Thomas J. Williams, Esquire For the PlaintilT {" ,0\ l~~'~~ Samuel L. Andes, Esquire For the Defendant :r1m :l r KENNETlI M, WINEBRENNER. Plaintiff IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA " vs. 97-0259 CIVIL SUSAN WALLS. F/K/A SUSAN M, WINEBRENNER. Defendant CIVIL ACTION - CUSTODY IN RE: PROPOSALS FOR CUSTODY ORDER AND NOW. this ~ ~ day of March 200 I, argument on the proposals for custody in the above captioned maller is set for Friday, March 23, 2001. at 2:00 p.m. in Courtroom Number 4. Cumberland County Courthouse. Carlisle.PA, BY THE COURT. ~ t~6,?.o~J< Thomas J. Williams. Esquire For the Plaintiff Samuel L. Andes. Esquire For the Defendant :rlm ~ i'l f ,- :J: ~',;': -8 ~;; W: l48 ~ur' " ""L'\"'V l.,; :.::~; .Ln. l... \..-I..J ,,1 PENNSI'L\'PNl~ KENNETII M. WINEBRENNER PLAINTIFF V, SUSAN WALLS, FIKlA SUSAN M, WINEBRENNER DEFENDANT IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, pENNSYLV ANIA 97-259 ('IV I I. ACTION LAW IN CUSTODY OlWEn OF COllnT AND NOW, this 28th day of November, 2000, upon consideration of the allaehed Complaint, it is hereby directed that the parties and their respcctive counsel appear bcforeMellssa P. Greevy. Esq, ,the conciliator, at 214 Senate Avenue. Suite 105. Camp Hili, PA 17011 on the 5th day of December. 2000 ,at 11:15 a,m, for a Pre-lIearing Custody Conference, At such conference, an efl[,rt will he made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issoes to be heard by the court, and to enter into a temporary order, All children age live or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or pen11anent order. FOR TIlE COURT, By: Isl Melissa p, Gree'QY. Esqt;:,.. Custody Conciliator iJ\ The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office, All arrangements must be made at least 72 hours prior to any hearing or business before the court, You must allend the scheduled conference or hearing, YOU SHOULD TAKE TillS PAPER TO YOUR A'ITORNEY AT ONCE, IF YOU DO NOT lIA VE AN ATroRNEY OR C ANNUl' AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTI-I BELOW TO FIND OUT WIIERE YOU CAN GET LEGAL IIELp. Cumberland County Bar Association 2 Liberty A venue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~':,--~ -~~,~ ~,- ~- _, ~' ~ ~~ ~-"" T" ,~~ ~~- - --~ .,.~ " ~: ~~-" ~ ~'~:--- ' -":', ---'-'_:"--~", :,"- "- ~",~,";, ~ ~'~~ ' :'- ' ,-~ -, --, ,"' '>"0 <'"'''' 'r,~'~' < ,,> C " 'k, '1r;;~"C '- ' G;:: 'F ",," "jj,,,,,Ck;'-, ,"'. ,_,,, cC" :$::_" -, -.: _ -_-~c ,," ~ '_' '4 ,,' ' " ':',,::,-; --', ~,' ::-:." 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".' :: :'~- ,:':,": :,,: KENNETH M, WINEBRENNER, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, CIVIL ACTION - LAW SUSAN WALLS, f1k/a SUSAN M, WINEBRENNER, NO, 97-259 CIVIL TERM Defendant/Petitioner IN CUSTODY ORDER OF COURT AND NOW, this day of , 2000, upon consideration of the Petition to Modify filed in this matter, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at , Pennsylvania, on the day of , 2000, at o'clock ,m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter a temporary order. All children aged 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, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, COURT ADMINISTRATOR, FOURTH FLOOR CUMBERLAND COUNTY COURT HOUSE 1 COURTHOUSE SQUARE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 240-6200 FOR THE COURT, 'I " II i; " BY CUSTODY CONCILIATOR " , I I i KENNETH M. WINEBRENNER, i Plaintiff/Respondent Ii I I vs. I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SUSAN WALLS, f/k/a SUSAN M. WINEBRENNER, NO. 97-259 CIVIL TERM Defendant/Petitioner IN CUSTODY PETITION TO MODIFY_CUSTODYORDERBECAUS~OERELOCAJION AND NOW comes the above-named Defendant, Susan Walls, by her attorney, Samuel L. Andes, and petitions the court to modify the last order entered in this matter, I based upon the following: " 'I II I 1. The Petitioner herein is the Defendant, Susan Walls. The Respondent herein is the Plaintiff, Kenneth M. Winebrenner. 2. The parties are the parents of one minor child, Kenneth M. Winebrenner, Jr.. born [' 22 May 1994. That child is the subject of an order entered in this matter on 13 May ,I II I 1999, by this court. A copy of that order is attached hereto and marked as Exhibit A. 3. Since the child's birth the child has been in the primary care and custody of the Petitioner. 4. Petitioner is engaged to be married by Cornelius Cline, a man with whom she has lived and which who has been heaVily involved in the lives of Defendant and the parties' minor child, for some time. Mr. Cline has recently been advised that his employment ! requires a transfer to the state of Ohio and Defendant intends to travel with him and take I, I' II II II I' II I II 'I up residence in Ohio. 5. Defendant intends to take the parties' minor child with her and relocate with the child and Mr. Cline in Ohio. Plaintiff believes that such a relocation will be in the best interests of the said child for the following reasons: A. Such a move will represent a significant improvement in the child's life, both financially and personally, because it will continue the child's presence in the family with whom he currently resides; and B. Such a move will not unreasonably interrupt or interfere with the said child's relationship with members of his extended family or with his friends and other significant people in his life, with the exception only of the Plaintiff; and C. The relocation of the child will not significantly disrupt the child's relationship with the Plaintiff in that a reasonable custodial arrangement can I be made which will preserve and foster a healthy parent-child relationship ,I between the Plaintiff and the child; and I D. The child had been integrated into Defendant's home and family and I transferring the child's custody to the Plaintiff at this time would be far more disruptive and injurious to the child than would the child's relocation to I I II I I I H II II :1 II " another state in the custody of Defendant. 6. For the reasons set forth above, it is in the best interest of the minor child that his primary physical custody remain with the Defendant and that he be permitted to relocate with the Defendant outside the Commonwealth of Pennsylvania. 7. The parties need the court to set a schedule of custodial time each of them is to spend with the child because they have not, as yet, been able to agree upon such a schedule. 2 1 f WHEREFORE, Defendant prays this court to schedule a special hearing to hear her " claim for permission to relocate with the child, outside the Commonwealth of Pennsylvania. and to set a schedule of time for each party to have physical custody of the child. 8J~r:Q) \h- Attorney for Defendant Supreme Court ID # 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761.5361 3 , " KENNETH M. WINEBRENNER, Pla1ntifflRespondcnt vs. ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-259 CIVIL TERM SUSAN WALLS, fIkIa SUSAN M. WINEBRENNER, DefendantIPetitioner CIVIL ACTION - LAW IN CUSTODY ORDER AND NOW, this /3 JJ.. day of ma;r , 1999, upon receipt of the Conciliator's Report, it appearing that the parties have agreed to the tenns and provisions of Ibis Order which was dictated in their presence and approved by them, it is hereby ordered and directed as follows: I. The plll1ies shall share legal custody of the minor child. Kenneth M. Winebrenner. Jr., d.o.b. May 22. 1994. 2. During the summer months, the parties shall follow the Agreement and Order of Court dated February 20,1997. with the following addition: The panies shall provide each other with thirty (30) days advance notice as to when they intend to take exclusive vacation time with the child. 3. During the school year, starting with the fall of 1999. Mother shall have primary physical custody of the minor child subject to periods of partial custody an~ visitation with Father as follows: --- ~OO/IOO~ ll3HVR ~ V!I)OS ztez eez L U.Q. 01:11 88/10/80 , A. From Wednesday until TIlursday morning at which lime he will deliver the child to school. The start time shall be in cOluunction with Father's work schedule. B. The parties shall rotate a weekend schedule, said schedule identified as follows: i. First weekend: Father; ii. Second weekend: Father; iii. Third weekend: Mother; iv. Fourth weekend: Fatherj v. Fifth weekend: Mother. The schedule shall rotate in this manner thereaftel. Father's weekend shall be from Saturday morning at 9:00 a.m. until Monday morning at which time Father shall deliver the child to school. 4. Father shan have cvery Christmas Eve at 12:00 noon until Christmas Day at 12:00 noon, and Mother shall have every Christmas Day at 12:00 noon until December 26lh at 12:00 noon. 5. Mother shall have the child for his birthday in 1999 and all odd years thereafter, and Father shall have the child for his birthday in 2000 and all even years thereafter. 6. Mother shall have the child on Mother's Day and Father shall have the child on Father's Day. -_... ~OO/ZOO~ L1.33.1VK , VIfJOS ztez eez LU,a 11:11 88/10/80 " 7. Such other times lIS the panies may agree. Hllrold S. loon, ur, Esquire Judith A. Calkin, Esquire BY THE COURT, Jsl "M....:~ D. . v,~.,_ KEVIN A. HESS, J. .' TRUE COpy FROM RECORD ' In T!:itim~ny v,hereol, I h~r~ unto sel my hind and tha s6al of said Courl al Carlisle, PI. This ..l3'~H' day of..'2:?].~..,..., 19..?f.. 4;;'A'~~~;,~",,~-- -'.- VOO/COOIlJ 113,HYK , VIIJOS Z~CZ cez ~ 11:11 88/10/80 1'-'\ S^~\\JI~J. L. ANDES ATTOUNEY AT LAW NOV I ( ,'OGO n:,1l'\ NOUTII TWJ~J.I"TJI STIfU:T P. U. BOX. IIUl LEMOYNH, l'HNNHYI.vANIA 1704:1 Tr.I.r.I'IIUNI!. (Ul'l "1I-tl:UII 16 November 2000 PA. I rIP: 'RI-I.,ar'l Richard Pierce, Court Administrator Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 RE: Kenneth M. Winebrenner vs. Susen Wells No. 97-259 Civil Term In Custody Dear Mr. Pierce: I represent the Defendant, Susan Walls, in the above matter. I have filed a Petition to Modify the present custody order because my client and her family will be relocating out of state in December. Michael Bangs was the conciliator in this case the last time it was heard and I assume that it will be reassigned to another conciliator. I hope that, at our conference with the conciliator, the parties will be able to reach agreement in the case which will make further proceedings in the court unnecessary. If they cannot, I believe the information gathered by the conciliator will be very helpful to the Judge if he has to make some type of an emergency order prior to a full-scale hearing. For these reasons, I write to request that you have someone contact the conciliator to try to have a conference scheduled as soon as possible. If your office will tell me who will be assigned as conciliator, I will be happy to contact them to try to accelerate this process. If you have any questions or need anything further, please let me know. Sincerely, ~ J. C'JJvj.vu Samuel L. Andes ~ amh cc: Susan Walls Harold S. Irwin, III, Esquire KENNETH M. WINEBRENNER, Plaintiff/Respondent ) ) ) ) ) ) ) ) IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA vs. NO. 97-259 CIVIL TERM SUSAN WALLS, f/kla SUSAN M. WINEBRENNER. Defendant/Petitioner CIVIL ACTION - LAW IN CUSTODY ORDER AND NOW, this 13' d f ay 0 , 1999. upon reccipt of thc "..,/4 1 Conciliator's Report, it appearing that the partics have agreed to the terms and provisions of this Order which was dictated in their prcsence and approved by them, it is hereby ordercd and directed as follows: 1. The partics shall share legal custody of the minor child, Kenneth M. Winebrenner, Jr.. d.o.b. May 22, 1994. 2. During thc summer months, thc partics shall follow thc Agrcemcnt and Order of Court dated Fcbruary 20, 1997, with the following addition: The partics shall provide cach other with thirty (30) days advance noticc as to when they intend to takc exclusive vacation time with thc child. 3. During thc school year, starting with thc fall of 1999, Mother shall have primary physical custody of the minor child subject to periods of partial custody and visitation with Fathcr as follows: ":',1' ,..,11'\' ";1 c~: ~'5 " ~... - ' , l,. A. From Wednesday until Thursday moming at which time he will deliver the child to school. The start time shall be in conjunction with Father's work schedule. B. The parties shall rotate a weekend schedule, said schedule identified as follows: i. First weekend: Father; ii. Second weekend: Father; iii. Third weekend: Mother; iv. Fourth weekend: Father; v. Fifth weekend: Mother. The sehedule shall rotate in this manner thereafter. Father's weekend shall be from Saturday morning at 9:00 a.m. until Monday moming at which time Father shall deliver the child to school. 4. Father shall have every Christmas Eve at 12:00 noon until Christmas Day at 12:00 noon, and Mother shall have every Christmas Day at 12:00 noon until December 261h at 12:00 noon. 5. Mother shall have the child for his birthday in 1999 and all odd years thereafter, and Father shall have the child for his birthday in 2000 and all even years thereafter. 6. Mother shall have the child on Mother's Day and Father shall have the child on Father's Day. ~ I ; 7. Such othcr timcs us Ihc purtics muy ugrcc. Hurold S. Irwin, III, Esquirc Judith A. Culkin, Esquirc ~.~.t EII?I~Cj. ..J.~ BY TilE COURT, / -1<'1-. /j /0/-.-. KEV!.N A. I lESS, J. / 8. Nccd for indcpcndcnt psychological cvaluation or counscling: Nonc requcstcd and thc Conciliator docs not bclicvc any is ncccssary. Michael L. Bangs Custody Conciliator Datc: May II. 1999 >- C"l i-: ce. -" , -.l.. , -, , - ~~ '. . \ ( ,- " l ""f-: :j f' u. , '. r,> ., I:' ('J ; l.,' , , c~ , " ..- 'I.) 1(1. ,.. l>,. ~... " ,-, ) C , <:1' U ;S ~~ ,..:l!;l ""[I) affi ~"" o . ~~ o ~u 8~ ~e1 ~~ ... .:: OJ .." e1 g ~i el~ z.... ........ ~... .:: . ."j :r: III M ::t:"" fj ~ '" OJ .:: o .... ... . ."j .,: ... ~ui~ g,j,..:l'" ",;!~ w-." ~i] [I) OJ .::> ,::, :r:[I) ::a~ ~~ [I) III ~ o H [I) ::> u ! j I 2 Z ;: S2 it ~: ~~~~ ~ C)!(c ~ ;1 <~8~15 :.LIW _ :t ." Q., !:: r- ~%g '.: Ci <=~ _ :t~ -' '" -. ~ , III ;. f;: .... ,::,.,: ow :r:lil 00 H Z o .... H .... fj "" 8 , ! j i KBNNETH M. WINEBRENNER, Plaintiff/Respondent THE COURT OF COMMON PLBAS CUMBERLAND COUNTY, PENNSYLVANIA v. No. 97-259 Civil Term SUSAN M. WINEBRENNER, a/k/a SUSAN WALLS, Defendant/petitioner CIVIL ACTION - LAW IN CUSTODY ORDER You, KBNNETH M. WINJBRENNER, ,are ORDERED to appear in person at 7D? 5. --11> ih <Q..mf 81/ Pennsylvania on h:Jl'i\ N-::l 1999, at II or, o'clock~_'.!l'~Vp.m. for a CUstody Conciliation' Conference. If you fail to appear as provided by this Order, an Order for custody may be entered against you or the Court may issue a warrant for your arrest. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT OIlCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, pa 17013 (717) 249-3166 Dated: 3- J 0-- Cft r1I~4tf -L-g~ ~. CUstody Conference Officer ~ Judith A. Calkin, ESquire Supreme Court 10# 27967 2201 North Second Street HarriSburg, PA 17110 717-238-2312 ....................."......................................,.....,..................."'''".........,,,....,............ ATTORNEY FOR Oefendant/Petition~r KBNNETH M. WINEBRENNER" Plaintiff/Respondent IN THB COURT OP CONNON PLEAS CUMBBRLAND COUNTY, PBNNSYLVANIA NO. 97-259 Civil Term v SUSAN M. WINEBRENNER, a/k/a SUSAN WALLS Defendant/Petitioner CIVIL ACTION - LAW ............................................................................"............................................ PBTITION TO MODIPY CUSTODY ORDER AND NOW comes Susan N. Walls by and through her attorney, Judith A. Calkin, and avers as follows: 1. Susan N. Walls is an adult individual currently residing at 101 Neals Drive, Carlisle, ~~erland County, Pennsylvania. 2. Kenneth M. Winebrenner is an adult individual whose address is unknown but who can be reached at Schneider National Carriers, 1 Schneider Drive, Carlisle, Cumberland County, PennsYlvania. J. The parties are the parents of Kenneth Winebrenner, Jr., born May 22, 1994. 4. On Pebruary 14, 1997, the parties entered into a Stipulation and Agreement concerning the custody of their minor child. This Stipulation and Agreement was made an Order of Court on Pebruary 20, 1997. A copy is attached thereto and made a part hereof. ~ ~ 5, Mother has had primary physical custody for a period of time with father having liberal time with the child. 6. Father recently moved approximately ninety (90) miles away making their current schedule difficult. 7. The child will be beginning school in September, 1999, and the existing schedule will need to be modified. B. The best interests of the minor child will be served by remaining in the primary physical custody of the Mother. WHEREPORE, Mother respectfully requests that she be . / ( //&11 !, dith A. Ca Attoriey for Defendant/petitioner 2201 North Second Street Harrisburg, PA 17110 (717) 238-2312 ~ t ~. ! I I .f , awarded primary physical custody of the minor child with liberal periods of partial custody with Father. Respectfully submitted: VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penclties of 18 Pa.C.S. Section 4904, relating to unsworn faloification to authorities. Date: ,~-J/Pqcl Au;n n III k\.Jlfj KENNETH M WINEBRENNER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA SUSAN M. WINEBRENNER,' Defendant .,., .;...~ [!i' z=': ;:. a. ~"?'. ~; e,- ~- 5 STIPULATION AND AGREEMENT ;- "" : CIVIL ACTION. LAW : NO. 97 . 259 CIVIL TERM ("\ ~ .- \,0 0 -.j -n ." -< ,.." -r:~ =:I .n,-=: ""9 r:o ~ '.J "":I ~~ - , ~, .-1':"") .".:JrT1 ,.... ~ v. : IN DIVORCE THIS STIPULATION AND AGREEMENT entered into this /4"day of ,~U.t1Pf.l9fJ by and between KENNETH M. WINEBRENNER (hereinafter referred to as "Father") and SUSAN M. WINEBRENNER (hereinafter referred to as "Mother"). NOW THIS AGREEMENT WITNESSETH THAT: WHEREAS, the Father and Mother are the natural parents of one (I) child, namely, Kenneth M. Winebrenner, Jr. (age 2, born May 22, 1994); and WHEREAS, the parties wish to enter into an agreement relative to the custody and partial custody of the child. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth and intending to be legally bound, the parties hereto agree as follows: t . \ ,. r:J , , r:; hi , u , , : '~j CT. .~ (. ,=-:: L. , .1 C , ':.'... .. C'J ., r..:., ....) , vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-259 KENNETH M. WINEBRENNER, Plaintiff SUSAN WALLS, F/KlA SUSAN WINEBRENNER, 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH May 22,1994 CURRENTLY IN CUSTODY OF Kenneth M. Winebrenner, Jr. Mother 2. A Custody Conciliation Conference was held on December 5, 2000, with the following individuals in attendance: the Mother, Susan Walls, and her counsel, Sam Andes, Esquire; the Father did not attend. 3. Counsel for the PetitionerlMother filed a petition with the Court on or about November 20, 2000, to modify the present Custody Order due to Plaintiffs impending relocation to Kentucky. Petitioner's counsel also reports he served a copy of the petition on the Respondent's counsel of record, Hal hwin. Additionally, counsel for the Petitioner states he faxed a copy of the Order scheduling a Conciliation Conference for December 5, 2000, to Mr. Irwin and SUbsequently to whom he believed was Defendant's new counsel, Thomas J. Williams. Prior to the Conference, the Conciliator received a call from Thomas J. Williams, Esquire, indicating that while he had not yet been retained to represent the Respondent, he has one consultation with him and was scheduled to meet with him again on December B, 2000. The Respondent did not attend the Conference. No Request for Continuance was received by the Conciliator. 4. The Petitioner appeared before the Conciliator with counsel seeking Modification of a Custody Order due to impending relocation to Kentucky. In light of the fact that counsel for the Petitioner was informed of the Respondent's upcoming appointment with counsel on December B, 2000, counsel for Petitioner agreed to leave the Conciliator's report open and hold the completion of the report until after 12 Noon on December 11, 2000, to allow for input from the Respondent regarding this matter. No. 97-259 5. Mother's position on custody is that she should be granted a modified order adjusting Father' visitation and allowing the relocation. Mother proposes the following partial custody schedule for Father: half of Christmas break, half of Spring break, alternating Thanksgiving break and five (5) weeks in the summer. Mother has presently been engaged since February of 2000 to a man with whom she has been residing for the past 3 Y. years. A June 2001 wedding is planned. Mother's fiance was employed locally. However, his position was eliminated. The position he presently holds was relocated by his employer to Green Bay, Wisconsin. However, Petitioner's fiance found another job with a different company, Schneider Logistics in Hanging Rock, Ohio, which is geographically near the KentuckylV'/est Virginia border. This position represents a promotion and offers increased income. Mother's employment has been as a dispatcher. She presently has an offer of employment in daycare in the new community where she and her fiance plan to relocate. This position will pay $3.00 per hour less than her present position. However, the potential employer would allow her to have the subject Child with her at work during the summers and snow days. Her day care expenses would also be less expensive than her present before and after school care program. Mother is also considering other employment options. Mother's proposed new residence is in South Shore, Kentucky. Settlement on the house was to occur December 8, 2000. The approximate drive time between South Shore, Kentucky, and the party's present residence is 6 Y. hours, some 446 miles from Carlisle, Pennsylvania. The planned moving day is on or about December 27,2000. Mother reports that she told Father on November 16, 2000, of her intent to move. This notification occurred in correspondence to Father's previous counsel, Mr. Irwin. Mother describes the benefits of the move as follows: 1) the family will reside within a 15 to 30 mile radius of her fiance's family with whom they have been spending summer vacations; 2) she will be able to take employment with a job that will potentially allow her more time to be available to her son; and 3) the couple will be able to afford to purchase a new home versus rent a home. Mother reports that she has researched the school system and that the Child will be attending McKell Elementary School in Greenup County School System in Greenup, Kentucky. Due to the distance between the parties following relocation, weekend periods of custody would not be practical. There are no direct airline flights between Harrisburg and Kentucky according to Mother. 6. Father's position on custody is as follows: Information regarding Father's position was obtained from Thomas J. Williams, Esq. Father claimed that he never received notice of Conference. Father opposes the move and believes that he has been centrally involved in his Child's life and will not accept an arrangement which would allow essentially the majority of his custodial time to occur during the summer. 7. In light of the impending location and in consideration of the Father's claim to have no notice of the hearing, it is the strong recommendation of the Conciliator that the parties be seen for a Plowman hearing before Judge Hess and that this matter presently be treated as a Petition for Special Relief. This matter has been scheduled for a hearing before Judge Kevin No. 97-259 f I' I , A. Hess for December 29, 2000, at 1 :30 p.m. It is expected that a hearing in this matter will take less than 4 hours. Counsel for Petitioner shall serve the Defendant directly with the Order scheduling the hearing. I J-/; f h rJ7rcJ Date I 0/ M.~(lljC ( Melissa Peel Greevy, Esquire Custody Conciliator S^~llll':J. L. ^NJ)I~S ATTOUNRY AT LAW nun NOUTII TWI!I.I'TII NTUI~f':" 1',0. IIOX Inn LEMOYNH, PJl;NNSYINANIA 170.a.a TilL. PilON. (7171 ,el.oaCI! 16 November 2000 PAX f7l711111ol4aD Harold S. Irwin, III, Esquire 35 East High Street Carlisle, PA 17013 RE: Kenneth M. Winebrenner Dear Hal: As you will recall, I represent Susan Walls in the above matter, which involves the custody of our clients' six year old son. My client will be filing a Petition to Modify the custody order because she will be moving to northern Kentucky in December and wants to take the child with her. Her finance' job in Central Pennsylvania was abolished and he was given a promotion by his company on the condition that he relocate to a plant in southern Ohio. My client has decided to go with him and the two of them plan to be living in the northern part of Kentucky. I hope to have more details of the precise location where they will be living and where the child will be attending school so that I can share that information with you within the next two weeks. I have explained to my client that we must negotiate a custody schedule that will give your client proper access to the child. I think such a schedule would give him a large part of the summer and some time over holidays. However, the distance is not so great that we could not work out some kind of a schedule that would allow him to see the child every month or so. I write to request that you review this matter with your client and let me know whether we can negotiate some arrangement that will be satisfactory to him or whether we must litigate this matter. Please discuss the matter with your client and get back to me as soon as you can with his response. Sincerely, amh Samuel L. Andes V-\NT\fl"S P ~\BIT cc: Susan M. Walls .3 SAHUEJ. L. ANDES 'U. ~ -1'-" \I . :. L. L "V .. ATTOUNHY AT 1.AW ftl.lft HOItTII TWI!U'TII HTUr.r.-r P. n, nux lUlt J.EMOYNJ!:, l'HNNHYI.VANIA 170.la TaL. PitON. 17171 'IU'II:I"I 14 December 2000 'AX Uul,e"14:J1I Thomas J. Williams, Esquire 10 East High Street Carlisle, PA 17013 RE: Kenneth Winebrenner Dear Tom: I never heard anything from you in response to my letter of 6 December 2000. I would assume, from that, that you are not representing Mr. Winebrenner. However, Melissa Greevy told me that you had spoken to her about the case last week. From that, I do not know whether you represent him or not. Enclosed is a Notice to Attend and a copy of the petition which I filed. I will have these served upon Mr. Winebrenner within the next several days so that he is formally aware of the hearing and the claims my client has made. I enclose copies of those for you, in case you represent him. If you are going to represent Mr. Winebrenner, please contact me and let me know his position in this matter. The court has scheduled a hearing for 29 December 2000 and I would like to have either a formal answer to our petition or at least some indication from you as to what Mr. Winebrenner's position is and his basis for that position. Sincerely, Samuel L. Andes ~ff'6 P~\611 L{ Ie Enclosure <.:. .:+;. ,:+;. .:+;. -:+;. .;.;. _.:,:.;' ,':.:', -:.;. .:+;. .:+:. .:+:. :+;. .:.:. -:.:' '..:' .:.;. -:.:. .:+;. .:+:- :. .:.:' .:.;. ':+:' .:~;: ~:+:-, .:~:~ ':+;',,':+:,' .:+:. _ ';4 ~:,; ~; ...., ...\ ~,' ~i ~I '.'1 ~ ~ ~I '.'1 ~ '.' ~ ~ ~ ~, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ~. STATE OF ~~~.~ PENNA. \ ,~,~ .~( KENNETH M WINEBRENNER PLAINTIFF i\: n. 97-259 CIVILTE~() \' "1'.;11.-; ~ SUSAN M WINEBRENNER DEFENDANT ~ * ~I "\ ~I " ~I ") ~I ~ DECREE IN DIVORCE AND NOW, __ 1""\'1 2.'\.......1998 ,it is ordered and decreed that .1<.E~t:lE:r.11 .M. WIJ.,IEBRENNER . . . .. . . . . . ., . . .. .. . . . '. plaintiff, and... . . .. . . . .!i!,J~I\~ .M. W.lJclEBRENNER .. . .' . . .. .. . . . . ., . . . . ", defendant, are divorced from the bonds of matrimony. .', ~ ~ '.' * * .. ~ The court retains jurisdiction of the following claims which have been raised of record in this action for which 0 final order has not yet been entered; * ~ ~ ~ ..... .NON),;.. .....,.................... ......,........ .. ~ 8 ProlhonolAry .,....,..,.................. ...., ...... ~ ~ 8 8 ~I ~I ~I 7' .. - - . . . ;..:. .~:- .:+;. .:+:. -:+;. .:+:. .:+;. .:+:. .:.:- ,~ *.~~.~*~.~..*~..*..*..*..~.~,******~. J, !~ . ,. v I: f ~ ~ .. ~ '.' ~ ~ ~ .', ~ ~ .' ,', ~ ~ .' ~ '.' * ~ '- ~ '.' ~ .' ~ '.' ~ '. ~ ~ '.' ~ '.' ~ ~ '.' ~ '.' ~ '.' ~ '.' ~ '.' ~ '.' ~ '.' ~ 8 ~ I':' '4l '.' ~ '.' ~ ~ '.' 7, JO. 9t ad- cZ"yt IH~~~; .;;1 ck'w~ ~',,- 7..):) ,a.. 1..71A-J- '/1 ._/ ~-LI L') n ov't<OI /1'~t"'i'V 4<: u-r/i ;Cit.ed HAIlOLD .. IIlWIN, III, E.ClUIIlE ATTOIlNEY ID NO. Zlno n UIl HIGH .TIlEET CAIlLIILE PA 170n (717) 2,u.,0I0 ATTOIlNEY FOil PLAINTIFF KENNETH M WINEBRENNER, PI.lntlff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA y, : CIVIL ACTION - LAW : NO. 97 - 259 CIVIL TERM SUSAN M. WINEBRENNER, D.f.nd.nt : IN DIVORCE PRAECIPE TO TRANSMIT RECORD Please transmit the record, together with the following Information, to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. Date and manner of service of the complaint: On or about January 17, 1997 defendant was served with a copy of the divorce complaint by certified mall. See affidavit of service filed January 21,1997. 3. Complete either paragraph (a) or (b): (a) Date of execution of the affidavit of consent required by Section 3301 of the Divorce Code: By the plaintiff: M"-I 13 , 1998 By the defendant: ..luNG Z'L- ,1998 (b)(l) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: N/A ; and (2) Date of filing and service of the plalnllff's affidavit upon the defendant: N/A 4. Related claims pending: None 5. Complete either (a) or (b): (a) Date and manner of service of the notice of Intention to file praecipe to transmit record, a copy of which Is attached: N/A (b) Date plalnllffs Waiver of Notice In Section 3301 Divorce was filed with the Prothonotary: Ju~. Z1 ,1998 Date defendant's Waiver of Notice in Section 3301 Divorce wa~ filed with the Prothonotary: ,/uM. 1-'9 ,1998 .Jt.~ i,( J3JYi:l AROLD S. IRWIN, III Attomey for Plaintiff Q \D 0 W "'1 3.: c... ~ "I;: c::: nl'" r- "i~ 2~ '" "'J ;.....l.-.. .c- '"J (/). , 0 I~r; -0 '"r! ' " , 'i~ c':( ; :x :~ ;-:..r-: - d ;'.c: .. "1:1 ~ => =< \0 ~ HAROLD S. IRWIN, III, ESQUIRE ATTORNEY 10 NO. 29920 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF KENNETH M WINEBRENNER, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION. LAW : NO. 97 . 259 CIVIL TERM SUSAN M. WINEBRENNER, Defendant : IN DIVORCE ORDER OF COURT AND NOW, this 2.0' day of 6;,,'7 ,1997, upon presentation and consideration of the attached stipulation and agreement and upon agreement of the parties, it is hereby ordered and decreed that the attached agreement is made an Order of Court. BY THE COURT, .AIL 1. ~... ,: ' I. The parties shallliave joint legal custody of the child. <, 2. The parties shall share physical custody of the child by mutual agreement, as they have been enjoying since the parties' separation in September, 1996, it being the intention of the parties that the child shall have more or less equal time with each parent in accordance with their work schedules, including holidays, except as modified below. 3. The parties shall share physical custody of the child during the Christmas holiday, with the Fath~r having the child from Noon on December 24, 1997 until Noon on December 25, 1997, and the Mother having the child from Noon on December 25,1997 until Noon on December 26, 1997. The parties shall alternate this arrangement each year. 3. The parties shall alternate physical custody of the child on the child's birthday, with the Mother having the child on May 22,1997, the Father on May 22,1998, and continuing to alternate thereafter. 4. Each party shall have up to three, one week, nonconsecutive periods of uninterrupted vacation time with the child, it being agreed that such periods shall not include the child's birthday or Christmas. 5. Neither party shall change their residence to a location outside of the Commonwealth of Pennsylvania without first securing the consent of the other party or further order of this Court. I I COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND :8S: On this, thc 14'*'day of M:.({'/"7 ,1997, bcfore mc, thc undcrsigned officcr, personally appcared KENNETH M. WINEBRENNER, known to mc (or satisfactorily proven) to bc thc person whose name is subscribed to thc within instrumcnt and acknowledgcd that hc cxecutcd this agrcement for thc purposes therein containcd. IN WITNESS WHEREOF, I hcreunto set hand and official scal. j"" ""- (SEAL) COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND :SS: On this, thc t1/'l day orft'-<"""-i ,1997, beforc, thc undcrsigncd officcr, appearcd SUSAN M. WINEBRENNER, known to mc ( or satisfactorily proven) tt' be the same pcrson whose namc is subscribed to the within instrumcnt, and acknowlcdgcd that shc cxecutcd this agrecmcnt for thc purposes thcrcin contained. IN WITNESS WHEREOF, I h~'m'"" "" ,ffid,I ~I. 'r" , . ",",- j "" ." . . J . ~ , . ~ y Notary Public SEAL) HAROLD S. IRWIN, III, ESQUIRE ATTORNEY 10 NO. 29920 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-6090 A".ORNEY FOR PLAINTIFF KENNETH M WINEBRENNER, PlaIntiff v. SUSAN M. WINEBRENNER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION. LAW : NO. 97. .'J!:9 CIVIL TERM : IN DIVORCE ~ You have been sucd in court. I f you wish to defend against the claims set forth in the following pages, you must take prompt action. You arc warned that if you fail to do so, the case may proceed without you and a decrec in divorce or annulment may bc entered against you by the court. A judgment may also be entered against you for any other claim or relicf requested in these papers by the plainti ff. You may lose money or propcrty or other rights important to you, including custody or visitation of your children. Whcn the ground for divorce is indignitics or irretrievable brcakdown of the marriage, you may requcst marriage counseling. A list of marriagc counsclors is available in the Office of the Prothonotary, Cumbcrland County Courthousc, Carlisle, pcnnsylvania 17013. IF yoU DO NOT FILE A CLAIM FOR ALIMONY. DIVISION OF PROPERTY. LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED. YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOu DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumbcrland Count Courthouse I Courthouse Avenue Carlisle, PA 17013 (717) 240-6200 HAROLD S. IRWIN, III, ESQUIRE ATTORNEY 10 NO. 29920 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF KENNETH M WINEBRENNER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 97 - 259 CIVIL TERM v. SUSAN M. WINEBRENNER, Defendant : IN DIVORCE COMMONWEALTH OF PENNSYLVANIA : 58: COUNTY OF CUMBERLAND NOW, Harold S. Irwin, 1lI, bcing duly swam according to law, docs deposc and statc: I. That hc is a compctcnt aduit and attomcy for thc plaintiff in thc captioned action in divorcc. 2. That a ccrtificd copy of thc complaint in divorcc was scrvcd upon thc dcfcndant on January 17, 1997, by certificd mail "rcstrictcd dclivcry", addrcsscd to hcr at Schncidcr National, I Schncidcr Drivc, Carlislc, PA 17013, with ccrtificd mail rctum rcceipt No. Z 126560 849. 3. Thatthc signed receipt for ccrtificd mail is attachcd hcrcto. I vcrify that thc statcmcnts made in this affidavit arc truc and corrcct. I undcrstand that falsc statcments hcrcin madc arc subjcctto thc pcnaltics of 18 Pa. C. S. Scction 4904, relating to unswom falsification to authorities. January 20, 1997 ;( -n J 5. Received By: (Print N4I7lII) I 1110 wllIl to ,ecelvlthl toIowIng ..rvtco. (lor on tN, Ixtro fool: i 1. 0 Addro_'. Addro.. ,', 2. )it.RI.trIc1ed OIUvlry ConlUit poelmutlr lor II.. f SliD 'iN? ~ Cortlned J f ! [ J l '.1 Z 126 S6D 8'19 ~. - ,,,,'IP".'" ....'.......... Rece~t for Certi ied Mail No Insu ,)(let' Cover ill!,! PJO\lIdctl 00 not !On 101 IlItelllatlonal Mall ISt!l! RC\lclsel I ,.."""., 'I"'" l',' ,'" '" 8l ~ .c I! ~ .,; o CO ... E o "- en a. . . \ i ) ) I ~ ..:> ,-, -I .1 I '. - . : ."-"'1 - ." .. ,,'j , ' I :) .-PI " ) ~ ., I -..,' -' :.) >1'11',1 ! '0 :"';'J ", ) J KI!NNITH M WlNI!BRI!NNER, P1.lntlft : IN THI! COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION. LAW : NO. 97 . 259 CIVIL TERM SUSAN M. WINEBRENNER, Defend.nt : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed in this matter on or about January 16, 1997 and served upon the defendant on or about January 17, 1997. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. I verify that the statements made in this affidavit are true and correct. understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. ? May I ..) , 199B iLlffi~~/~ KENNETH M. WINEBRENNER KENNETH M WINEBRENNER, Plelntlff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION. LAW : NO, 97 . 259 CIVIL TERM SUSAN M, WINEBRENNER, Defendent : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUES.! ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (&) OF THE DIVORCE COD~ 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit 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 falsification to authorities. May / -; ,1998 ./ L- ~c/'L /lfl1/ KENNETH M. WINEBRENNER KENNETH M. WINEBRENNER, Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 97-259 CIVIL TERM : CIVIL ACTION - IN DIVORCE v. SUSAN M. WINEBRENNER, Defendant WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301/cl OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THIS AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 1B PA. C.S. SECTION 4904 RELATING TO I UNSWORN FALSIFICATION TO AUTHORITIES. _ie M,' ( Z1, 17'j (; Date t. )h -'d n In (C)( I!tL r JUI Susan M. Winebrenner LAW OFFICES OF HAROLD S. IRWIN, III ATTORNEY-AT-LAW HAROlD S IRWIN, III JOY S ZERAI'lCE P.... HITNER HOUSE, SUITES 201 .nd 202 35 EAST HIGH STREET CARLISLE, PENNSYLVANIA 17013 I+WW, cenpenn, conVirwin/ e-mait irwinlaw@epix.nel 717-243-6090 ..... 717-243-9200 ,,,- July 28, 1997 E ROBERT ELICKER II OFFICE OF DIVORCE MASTER 9 N HANOVER ST CARLISLE PA 17013 RE: WINEBRENNER No. 97 - 259 Civil Term Dear Mr. Elicker: Allachcd please find a Prc-trial Statcment submillcd on bchalfofthc plaintiff in this mailer. S' cerely, l~JZ,{J~~ lI,nld S. ~ HSI RON TURO ESQ 32 S BEDFORD ST CARLISLE PA 17013 KENNETH WINEBRENNER 457 W MAIN ST WALNUT BOTTOM PA 17266 other issues related to this action if these issues are contested. Plaintiff reserves the right to provide a list of prospective witnesses, other than himself, at such time as the matter is ready to proceed. 4. EXHIBITS: Plaintiff intends to present documents related to the parties purchase of the marital home in 1994, the 1996 year end mortgage balance statement from Jupiter Mortgage Corporation, other bank statements, invoices and bills to document other asset values or debt amounts if necessary. Plaintiff will supply a copy of the 1996 income tax return, if relevant. If it becomes necessary to obtain any appraisals, they will also be used as an exhibit. However, due to the parties limited net assets, Plaintiff believes that appraisals will not be necessary. Plaintiff reserves the right to provide a list of prospective exhibits, other than as mentioned herein, at such time as the matter is ready to proceed. 5. GROSS INCOME: Plaintiff is employed by Schneider National, Inc. with a weekly net income of approximately $452.00. He is currently paying support to Defendant in the amount of $200.00 per month (allocated $29.31 for the parties' one minor child and $16.84 in spousal support). This figure took into account that the child spends approximately equal time with each party. Plaintiff provides medical insurance through his employer and is required by the support order to pay one-half of all unreimbursed medical expense for Defendant and the parties' minor child. Plaintiff believes that he is also paying all marital debt of the parties. Plaintiff has no current information on the income or earning capacity of the Defendant. 6. EXPENSES: Plaintiff will provide the Master and the Defendant with an itemized expense statement, if any, at the time of the hearing in this matter. At this time, Plaintiff intends to assert that because of the support presently being paid, Defendant's earning capacity and Plaintiffs assumption of marital debt, any claim of the Defendant for alimony pendente lite, interim counsel fees, costs, expenses and attorney fees are unwarranted. Plaintiff will request that all expenses for any required appraisals or other costs be equally divided between the parties. 7. PENSION: Defendant has a 401K plan through his employment with Schneider National. As stated above, an evaluation of these benefits has not been ordered. Copies of the employer's documentation of the 401 K balance, previously provided to Defendant's counsel, can be provided to the Master at the time of the hearing. It is noted that the 401 K is presently subject to loans made by the Plaintiff against the proceeds of the account. Plaintiff will submit testimony at the time of the hearing regarding the use of these funds to pay marital debts. 8. COUNSEL FEES: Plaintiff asserts that because of Plaintiff's payment of support, Defendant's earning capacity, Plaintiff's assumption of marital debt and her obvious ability to retain counsel to date, any claims for interim counsel fees and attorney fees are unwarranted. Each party should be required to pay their own counsel fees. 9. DISPUTED PERSONAL PROPERTY: Plaintiff is unaware of any dispute as to any items of personal property. Defendant has presented Plaintiff with a list of the property she left in the marital home when she abandoned the marriage and Plaintiff has agreed to turn over possession of all but one of these items to Defendant upon the resolution of these remaining equitable distribution issues. None of the parties' furniture or household goods or other personal property has been listed in defendant's attached inventory due to agreement that has already been reached with respect to these assets. 10. MARITAL DEBTS: The parties' marital debts are as attached on Exhibit "B", the contents of which are incorporated herein by reference. t r , o KENNETH M. WINEBRENNER, Plaintiff, v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 97.259 CML TERM : CML ACTION - IN DIVORCE SUSAN M. WINEBRENNER, Defendant AND NOW, this ORDER APPOINTING MASTER :::nrll 1_ G day of ~~ ,1997, E. Robert Elicker, Esquire, is ~ '\..- appointed master with respect to the following cJaims: distribution of property. BY COURT, ,etA., . i ,J. C) ~'J r) ," -..J '- 'I ~ '.:' ",.,..} '..., .:., '. C:J , (~) .., 'I .. :->1 ) :.) I:" ::1 ,) :Jj ,::> ~~ ~ v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 97-259 CML TERM : CML TERM - IN DIVORCE KENNETH M. WINEBRENNER, Plaintiff, SUSAN M. WINEBRENNER, Defendant ANSWER AND COUNTERCLAIM 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. COUNTERCLAIM 7. Paragraphs 1 through 6 are incorporated herein by reference as if set forth in their full text. 8. Plaintiff and Defendant are joint owners of various items of personal property, furniture, and household furnishings acquired during their marriage which are subject to equitable distribution. 9. Plaintiff and Defendant have incurred debts and obligations during their marriage which are subject to equitable distribution. Respectfully submitted, LAW OFFICES OF RON TURO 06)fr/ jt:tfZ! Date Ron Turo, Esquire 32 South Bedford Street Carlisle, PA 17013 (717) 245.9688 Attorney for Petitioner C' .0 ,''") " ...1 '-,' '~- ., , .- " .' " ..} . , ~, ,,-) (.'1 ~ II (:1 .., , :::'.\ ~. .'1 ,'/:1 ~. _I ') - ::-i> ,0 ..<; LAW OFFICES OF HAROLD S. IRWIN, III A TTORNEY.A T.LAW ~ I' '. HAROLD S. IRWIN, III HITNER HOUSE, SUITES 201 .nd 202 35 EAST HIGH STREET CARLISLE, PENNSYLVANIA 17013 c, Plraleg.l wwwcenpenncom/ifWm/ e-mml IfWmlaW@eplx.net 7 I 7.243-6090 Phone 717.243-9200 JOY S. ZERANCE Fat"mll. September 2. 1997 E ROBERT ELICKER ESQ DIVORCE MASTER 9 N HANOVER ST CARLISLE PA 17013 RE: Winebrenner No. 97 - 259 Civil Term f f Dear Bob: I believe that the parties have come to an agreement as to equitable distribution and divorce in this matter. I have forwarded on to Ron Turo, attorney for defendant, a proposed marital settlemenl agreement, a consent and the appropriate waivers for execution by Mrs. Winebrenner. We will give you final word on this as soon as both parties sign the documents; however, it appears that the November 3, 1997 conference will be able to be canceled. Thank you for your cooperation in this matter. s{;t~ Harold S. Irwin, III RON TURO ESO 32 S BEDFORD ST CARLISLE PA 17013 I Q ALl.. ~a f. --7&--\d 1l~r11 ~ ~ D c...0?',~-~ O~ '--~ t,l... !-.. ''Y\<'c~ KENNETH M. WINEBRENNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 97 - 259 CIVIL VS. CIVIL ACTION - LAW SUSAN M, WINEB~ENNER, Defendant IN DIVORCE ORDER AND NOTICE SETTING HEARING TO: Kenneth M. Winebrenner Harold S. Irwin, III , Plaintiff , Counsel for Plaintiff Susan M. Winebrenner Ron Turo , Defendant , Counsel for Defendant You are directed to appear for a hearing to take * testimony on the outstanding issues in the above captioned divorce proceedings at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania on the 4th day of n"""mhpr , 1997, at 1:30 p.m.. at which place and time you will be given the opportunity to present witnesses and exhibits in support of your case. By the Court, ~~~~ Harold E. Sheely, .Judq~:~ Date of ql~Jlj,,~nd Notice: ~ By: Divorce Master IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR FOURTH FLOOR, EAST WING CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 TELEPHONE (717) 240-6200 * Testimony will be limited to the status and condition of the real estate at separation and after husband gave up possession nearly a year later and how the condition currently mayor may not affect value. l f KENNETH M. WINEBRENNER. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VB. SUSAN M. WINEBRENNER, Defendant NO. 97-259 19 CIVIL IN DIVORCE STATUS SHEET DATE: ACTIVITIES: ~ 1',. . " .... ',' f !" ,. , .,'.! n", .Ie'! ,...} ~ , 1 II. I, . II I '1'( 1",:'IC Ii ((Ill ",' I If / I ", I" ,I" , It" . (., ': I. " I ,\} ---- ''/'' /). . /,. II (I ,. " ... l '( ;~( I 'I . /" (- : '. : .".....1, ~/' ,,' 'C '.. I If , I , .1.. /"1 ',' " ,_ r, , , , , , ! ,I., .. !I fl. J' ,',,/ ' ,. I, 'I '.' . 1,1 ..' .' , c~. 'j , 7/h /It ~ ~V)-1OvmD)- AOO(V>>'S~. r.&. PJ-Dx q~ \N ~\X\\J r p}O 1"\1> (}1 ,P p. 1'7 11, ~ l~SI h; ~ )mO RJ.~S ~ ?<Q. l~ I e,S- ~L \-lotL~ ~(In'~s IPk. 11 DYJ KENNETH M. WINEBRENNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSVLVANIA vs. NO. 97 - 259 CIVIL SUSAN M. WINEBRENNER, Defendant IN DIVORCE RE: Pre-Hearing Conference Memorandum DATE: Monday, November 3, 1997 Present for the Plaintiff, Kenneth M. winebrenner, is attorney Harold S. Irwin, III, and present for the Defendant, Susan M. Winebrenner, is attorney Ron Turo. We are not going to do our customary pre-hearing conference memorandum. After discussion with counsel, the Master has requested that we take testimony on a specific issue involving the parties' real estate at 457 West Main street, Walnut Bottom, Pennsylvania. The testimony will be specifically geared to the condition of the house when the parties separated (counsel are going to try to agree on exactly what the date of separation was), the condition of the house when husband vacated the premises, and the present condition of the house based on the testimony of both parties and the realtor. The house has been listed for sale and according to Mr. Turo, the realtor has indicated that because of the condition of the property it is not listed for what it potentially could be listed for had it been left in a "better" condition. The testimony will inquire into the condition of the house and who mayor may not be responsible for certain problems that exist with regard to the maintenance and the upkeep of the property. The testimony will deal specifically with the house as indicated and we will defer any other testimony on factors and other marital assets to a later date to be determined after the testimony on the real estate. A hearing is scheduled for Thursday, December 4, 1997, at 1:30 p.m. Notices will be sent to counsel. Counsel will be required to notify their clients inasmuch as we do not in agreement that the request is not unreasonable. Mr. Winebrenner has indicated that he would undertake the labor work to do the repairs and believes that the cost for some materials and renting a carpet cleaner would be around $200.00. consequently, we are going to look to the 401(k) plan to assist with an advance of funds for that clean up. We are also going to look to the 401(k) plan to take out money to bring the mortgage payment up to date and then if the house is not sold in the next two to three months and the mortgage becomes in arrears again, we can review the mortgage payment situation and perhaps at that point take another withdrawal out of the 401(k) to bring the mortgage up to date. Hopefully the property will be fixed up and will be settled by the time that the mortgage would go into arrears the second time. The parties and counsel have agreed that the clean up and the minor repair work should be begun immediately. Mr. Winebrenner is going to begin that process rather than waiting to see if this particular buyer actually consummates the agreement. The reason for going ahead with the clean up and repairs now is that it will be done in the event that there are other people looking at the property and perhaps could be an inducement to some other person to make an offer which would be better than the present offer on the premises. Mr. Turo brought along some papers which need to be executed by the parties to make the appropriate withdrawal from the 401(k) plan to take care of the mortgage paymen~s that are in arrears and to advance to Mr. Winebrenner the monies which he needs to begin the clean up and repair work. The realtor has indicated that even though the parties are going to accept the offer that has been made by the buyer, he is going to continue to market the property inasmuch as, according to the terms of the agreement, the property can remain on the market since there is a contingency in the agreement that it would not be able to be consummated until the buyer's present home is sold. consequently, Mr. Myers has indicated that he is going to continue to actively market the premises and that there will be no one other than himself and the parties and counsel here today who know about the underlying agreement so that there is no prejudice to the parties in the continuing marketing of this property. Counsel, do you want to make any comments on the the record? MR. TURO: No, sir. MR. IRWIN: No, I don't. THE MASTER: The Master requests that counsel give him a status report by February 1, 1998, as to the situation with regard to the current offer and the clean up and the repairs of the property. At that time, if we need to, we will convene for another conference to see what direction we may need LAW 0'''CE6 0' HAROLD S. IRWIN, III ATTORNEY-AT-LAW HAROLD S. IRWIN. III HITNIIII HGUIII, IUITIII 201 .nd 202 35 IIAIT HIGH ITIIIIIIT CAIIUILII, PIINNlnVANIA 17013 717-243-6090 PHONE 717-243-9200 FACSIMILE JOHN J. BARANSKI HEATHER A. BARBOUR GAY L. IRWIN PARALEGALS www.canpann.com/1lWin/ a-mail: irwinlaW@apix.nat July 13, 1998 E ROBERT ELICKER ESQ DIVORCE MASTER 9 N HANOVER ST CARLISLE PA 17013 RE: Winebrenner No. 97 . 259 Civil Term Dear Bob: The parties have resolved all issues in this divorce without the need for executing a marital settlement agreement. The real estate was sold and, in the process all other issues of property and debt were taken care of. Attached are copies of the consents to the divorce, etc., which I have filed. please vacate your appointment so that we can finalize this divorce. Thank you for your cooperation in this matter. RON TURO Ese 325 BEDFORD ST CARLISLE PA 17013 Sincerely, ~} Harold S. Irwin, III KINNITH M WlNIBIIINNIII, "alntlff : IN THI COUIIT OF COMMON 'LIAS OF : CUMBIIILAND COUNTY, 'INNSYLVANIA v. : CIVIL ACTION. LAW : NO. 117 . 259 CIVIL TERM SUSAN M. WINEBRENNER, Defendant : IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was flied In this matler on or about January 16, 1997 and served upon the defendant on or about January 17,1997. 2. The marriage of plaintiff and defendant Is irretrievably broken and ninety days have elapsed from the date of the service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. I verify that the statements made in this affidavit are true and correct. understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. 6/"tv <flay _ ' 199B SUSAN M. WINEBRENNER KINNITH M WlNIBIlINNIIl, Plaintiff : IN THI COUIlT OF COMMON PLlAS OF : CUMBI!RLAND COUNTY, PINNSYLVANIA v. : CIVIL ACTION. LAW : NO. 97 - 259 CIVIL TERM SUSAN M. WINEBRENNER, Defendant : IN DIVORCE YVAIVER OF NOTICE OF INTENTION TO REQUEST. ENTRY OF A DIVORCE DECRE~ UNDER SECTION 3301 (ID OF THE DIVORCE CODE 1. I consent to the entry of a final ,decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. t/zv .JdY _ .1998 SUSAN M. WINEBRENNER : KENNETH M. WINEBRENNER, Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNlY, PENNSYLVANIA : NO. 97-259 CIVIL TERM v. ~ SUSAN M. WINEBRENNER, Defendant : CIVIL ACTION - IN DIVORCE WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDE~ ~ECTION 3301(c) OF THE DIVORCE CODE .- " 1. I consent to the entry of a final decree of divorce without notice. I ! 2. I understand that I may lose rights concerning alimony, division of property, I lawyer's fees or expenses if I do not claim them before a divorce is granted. , I : 3. I understand that I will not be divorced until a divorce decree is entered by ! the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THIS AFFIDAVIT ARE TRUE AND ; CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE ,I i SUBJECT TO THE PENALTIES OF 18 PA. C.S. SECTION 4904 RELATING TO , UNSWORN FALSIFICATION TO AUTHORITIES. Ju"'-'<_ Z 1, 177~ , Date ~ ltc-1(Ji() (f) !JJ, '(1.tL,n JUt Susan'M. Winebrenner I ~ KENNETH M. WINEBRENNER, ' Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNlY, PENNSYLVANIA : NO, 97-259 CIVIL TERM : CIVIL ACTION - IN DIVORCE v. SUSAN M. WINEBRENNER, Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed , I on January 16, 1997. I ,I (90) days have elapsed from the date of the filing of the Complaint. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety 3. I consent to the entry of the final Decree of Divorce after service of notice of ; intention to request entry of the decree. I VERIFYTHA T THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE · TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE : MADE SUBJECT TO THE PENAL TIES OF 18 PA. C.S. SECTION 4904 RELATING TO , I UNSWORN FALSIFICATION TO AUTHORITIES. , J~ 22, /79f , , Date ~. I /, ;O)O,(J (:'/ j)O'L1?!.z)-!.f'-/. "- Susan M. Winebrenner v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNlY, PENNSYLVANIA : NO. 97-259 CIVIL TERM : CIVIL ACTION - IN DIVORCE KENNETH M, WINEBRENNER, Plaintiff, SUSAN M. WINEBRENNER, Defendant NOTICE OF ELECTION TO RETAKE FORMER NAME NOTICE IS HEREBY GIVEN that the Plaintiff in the above matter, having been granted a Final Decree in Divorce from the bonds of matrimony on July 29, 1998, hereby elects to retake and hereafter use her previous name of Susan M. Walls. ;7h 0Xl.:n illJ ~ ) ! J " Il.. I' J? 1I Susan M. Winebre'nner ) '1 ' 1 '",. \ ~\:~1 n J)) I.~ /,'l/.~J Susan M. Walls COMMONWEALTH OF PENNSYLVANIA SS COUNlY OF CUMBERLAND On the S +~ day of J~u Sj U\ I ,1998, before me, the undersigned officer, a Notary Public, personally appeared Susan M, Winebrenner, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledge that she executed the foregoing for the purpose therein I contained. I IN WITNESS WHEREOF, I have hereunto set my hand and official seal. 11 NOTARIAL SEAL '" I! KRISTEN ANN CLIPPINGER, Notary Public . . l" ( Ii' II Ca~~:~~~lM1l~~~~~ly~ -.lift \/1(1,\\ l~\t\\ Wf~~V~~C~ 'Ii Notary Public ,I . I. Ii I' , " HMOLD I. IRWIN, III, IIQUIRI ATTORNIY 10 NO. 2111120 3. OIT HIOH ITRIIT CMLlILI PA 17013 (717) 243-110110 ATTORNIY 'OR PLAINTIf' KINNI!TH M. WINIBRINNIR, PI.lntlff I IN THI COURT OF COMMON PLIAS OF I CUMBIRLAND COUNTY, PINNSYLVANIA I : CIVIL ACTION - LAW : NO. 97 . 259 CIVIL TIRM v. SUSAN M. WALLS, Defend.nt : IN DIVORCI! ORDER OF COURT NOW, this L\ day of~, in consideration of the attached petition, it is hereby directed that the parties and their respective counsel appear before Michael L. Bangs, Esquire, the conciliator, at 302 South 18th Street, cam~iII, Cumberland County, Pennsylvania 17011, on the \ day of \-'lln , 2000, at 1CJ\ cU\,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. Failure to appear at this conference may provide grounds for entry of a temporary or permanent order. By the Court, By: ~~-f-n~I~' Custody Conciliator l ~,) YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 I r , I . ! ~. ;'! \ /.r;,C't'J d./' dW /J"",gtW t a1 ~-c~"- I;;',{JO W~~Cg Illc~4 t c'i'1 &a,~ It,.(!II ~ &;2j "a-&c/,.I~.. /,,/. ,C-K1oy ;,Lt. . . v. I IN THI COURT OF COMMON PLI!AS OF I CUMBIRLAND COUNTY, PINNSYLV~NIA I I CIVIL ACTION. LAW I NO. 97 - 259 CIVIL TI!RM KINNITH M. WINIBRINNI!R, Plelntlff SUSAN M. WALLS, Defend.nt : IN DIVORCI PETITION FOR MODIFICATION OF CUSTODY NOW comes the plaintiff, Kenneth M. Winebrenner, by his attorney, Harold S. Irwin, III, Esquire, and presents this petition for modification of custody, representing as follows: 1. The plaintiff is Kenneth M. Winebrenner, an adult individual residing at 1216 Creek Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is Susan M. Walls, an adult individual residing at 101 Meals Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are the natural parents of a minor child, namely, Kenneth M. Winebrenner, Jr. (age 5, born May 22, 1994), who resides with the defendant. 4. On or about May 13, 1999, the court entered an order pertaining to the custody of the child. This order was entered following a custody conciliation before Michael L. Bangs, Esquire, during which the parties were able to come to an agreement on the terms of the present custody arrangement. A copy of the order is incorporated herein by reference and attached hereto as Exhibit "A". 5. The essence of the agreement, exclusive of special holiday and vacation time, was to provide that the parties share legal custody of the child, that the defendant retains primary physical custody of the child and that the plaintiffs periods of partial custody and visitation of the child are coordinated with his work schedule. In fact, the coordination of the plaintiffs time with the child based upon plaintiffs work schedule is a pattern which the parties have consistentiy followed since their separation In September, 1996. 6. The plaintiff has been informed by his employer that his work schedule will change beginning in January, 2000. Accordingly, plaintiff, communicating through counsel, has requested that the parties modify the present arrangement to coordinate his partial custody and visitation time with the child based upon his new work schedule. However, the defendant has not responded to this request. 7. In addition, contrary to the provisions of the current custody order establishing shared legal custody, defendant has been electing to make various medical and educational decisions for the child with I/ttie or no communication with the plaintiff and without providing plaintiff with any opportunity to contribute to the decision making process or even be advised of ali of the details thereof. 8. Further, on a few occasions, defendant has changed plaintiffs partial custody time without adequate notice and lor without providing for alternate time for the child to be with the plaintiff. 9. Plaintiff believes and therefor avers that the best interests and permanent welfare of the children require that a custody conciliation conference be scheduled during which the change of his work schedule and these various violations of the terms of the custody agreement and Order can be addressed. 10. Plaintiff has not participated as a party or witness, or In another capacity, In other litigation concerning the custody of the children In this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth, other than the existing Order filed to this term and number. 11. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 12. Each parent whose parental rights to the children have not been terminated and the persons who have physical custody of the children have been named as parties to this action. WHEREFORE, petitioner respectfully requests that the court enter an order scheduling a custody conciliation conference as aforesaid. December /7, 1999 i<i-o-z HAROLD S. IRWI ,Ill Attorney for Plaint 35 East High Street Carlisle, Pennsylvania 17013 (717) 243-6090 Supreme Court I.D. No. 29920 KENNETH M. WINEBRENNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Ys. SUSAN WALLS, F//(JA SUSAN M. WINEBRENNER, Delcndant cn.(J259 CIVIL CIVIL ACTION. CUSToDY ORDER AND NOW, this 9 ~ day ofJanuary, 20DI, fOllowing hearing and careful consideration of the testimony adduced. the petition of the defendant, Susan Walls, f/kJa SUsan Winebrenner, to modify the custody order because of rc/ocation is GRANTED. The parties hereto shall tile of record and with the courtll'rillen proposals regarding periods of partial custody to be awarded to the luther. In addition, either party may request oral argument on this mailer. BY THE COURT, Thomas J. Wi/Iiams, Esquire For the Plaintiff ~. -1 d... KeYi . Hess, J. t O}1J ., () -r1( o.JJ. OJ -/0 -0 I "RX,g Samuel L. Andes, Esquire For the Defendant 'rIm , KENNETH M. WINEBRENNER. Plaintiff IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA vs. 97.0259 CIVIL SUSAN WALLS, F/K/A SUSAN M. WINEBRENNER, Defendant CIVIL ACTION. CUSTODY IN RE: CUSTODY ORDER AND NOW, this ;<o~ day of April, 200 I, following hearing and our prior order in this action dated January 9, 200 I, and atier hearing proposals from both sides regarding the details of a eustody schedule. we hereby order as f(lllolVs: J. Legal custody of the minor child, Kenneth M, Winebrenner, Jr" born May 22,1994. shall be shared by his father, the plaintiff: Kenneth M. Winebrenner, and his mother. the defendant. Susan Walls, The parties will cooperate with each other to exchange all relevant and necessary information regarding the child's health care, education, religious training, and the like, and both parties shall have full access to all records and other information regarding the legal custody of the child including, but not limited to, medical and other health records, school records and the like. The mother shall provide copies of all significant school records, including report cards, to the father. Counsell(lr the parties will provide an extract of this order to the appropriate personnel at the child's school. Further. both parties shall be available to communicate with the other regarding the child. by telephone or in person, at all reasonable hours and each of the parties shall keep thc other advised of their current addresses and telephone numbers, both at home and at work, 2. Primary physical custody of said child is hereby conlinned in his mother. t ~ I I 3. The father shall have the following periods of temporary or partial custody of the child: A. Every summer, commencing at noon on the Iirst Sunday following the end of school in Mayor June and ending at noon !lJUrteen (14) days prior to the opening of school in August or September of the same year. B. Eaeh spring for the child's spring vacation from school, commencing at noon on the first full day he is not in school and ending at noon on the last full day before school resumes. For spring 01'2001, the father's period of temporary custody over the spring vacation shall commence at noon on Saturday, April 7,2001, and conclude on Sunday, April 15, 2001. C. For all of the child's vacation from school over the Christmas and New Year's holidays each year, except lor live days of the vacation during which the child shall be with the mother. In odd-numbered years, the mother's live-day period shall consist of the last live full days of the vacation, commencing at noon on the Iifih full day before the end of the vacation. In even-numbered years, the mother's live-day period shall commence on the last day of school before the vacation and end at noon on the Iifih day thereafter. D. One weekend each month when the !llther docs not have periods of temporary custody as outlined above. The parties will coordinate these periods of tempurary custody so they take place when the child has a three-day weekend off of school and the father's period of temporary custody shall commcnce at noon on the !irst day thc child is out of school for such weekend and end at 2:00 p.m. onthc last day the child is out of school for the long weekend. The mother shall provide thc tllther with a copy of the child's school calendar by the end of t , ,~ KENNETII M, WINEDRENNER PLAINTIFF V. SUSAN WALLS F/K/A SUSAN M, WINED RENNER DEFENDANT IN TI IE ('OURT OF COMMON PLEAS OF CliMBER LAND COIlNTY. pl,:NNSYLV ANIA 97-259 CIVIL ACTION LAW IN CUSTODY ORnER OF COllltT AND NOW,' FrIday, July 13, ZOOI . upon consideration of the attached Complainl. it is hereby directed'lhat parties and their rcspective counsel appear before Melissa P. Greevy, Esq. . the conciliator. at ZI4 Senate Avenue; Sulle 105, Camp Hili, PA 1701 I on Thursday. August 09. 2001 at 1:00 p.m. for a Pre,Hearing Custody Conference, At such confercnce. an efl(,rt will be made to resolve the issues in dispute; or if this cannot be accomplished. to define and narrow thc issues to he heard hy the court. and to enter into a temporary order, All children age five or older may also be present atlhe conference, Failure to appear at the conference may provide grounds for entry of a temporary or pcrmanent order, The court herehy directs the parties to furnish any and all exlstlnJ: Protection from Abuse orders, Special Uellef orders, and Custody orders to the conciliator 411 hours prior to scheduled hearlnJ:. FOR TIlE COURT, By: 151 Melllifl P. Greevy. Esq.6t? Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Oisabilitcs Act of 1990, For int(Jrnlation ahout accessihle tllcilities and rcasonable accommodations available to disabled individoals Imving husiness bel(Jre the court. please contact our oflicc. All arrangemcnts must bc made at least 72 hours prior to :my hearing or business before the court. You must attcnd the scheduled conference or hearing. YOU SHOULD TAKE TillS l'ApER TO YOUR A'ITORNEY AT ONCE, IF YOU DO NOT HA VE AN ATroRNEY OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN (jET LE(jAL HELP. Cumherland County Bar Association 2 Liherty Avenue Carlisle. Pennsylvania 17013 Telephone (717) 249,31 (,(, , ~ ,. j. KENNETH M, WINEBRENNER, PI"intilT IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 97,()259 CIVIL ACTION - LA W SUSAN WALLS lik<1l SUSAN M. WINEBRENNER, Dcfellll"nt IN CUSTODY OROER OF COURT AND NOW, this __ d"y 01'__,_, upon consider"tion of the "tt"ched PI"intifrs Petition to Modify, it is hereby directed th"tthe p"r1ies "nd their respeelive counsel "ppe"r before ,the concili"tor, "t on the _ d"y of ,__,at ,111. for" Pre,He"ring Custody Conference, At such conference, "n enort will be Ill"de to resolve the issues in dispute; or if this c"nnot be "ccomplished,lo define "nd n"rrow the issues to be he"rd by the Court, "nd to enter into" lelllpomry order. All children "ge fiVe or older Ill"y "Iso be present "Ithe conference, F"ilure to "ppe"r "tthe conference nwy provide grounds for entry of" telllporary or pemlanent order, FOR TilE COURT, By: Cuslody Concili"tor The Courl of COlllmon Pleas of Cumberl"nd County is required by law to comply with the Americans wilh Dis"bilities Acl of 1990, For inlonn"tion "bout "ecessible facilities and reasonable accomlllodations available 10 dis"bled individuals h"ving business before the court, please contael our office. All arr"ngelllents must be m"de atle"sl 72 hours prior to "ny he"ring or business before the courl, You Illusl attend Ihe scheduled conference or he"ring, YOU SHOULD TAKE TillS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT I-lAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WIIERE YOU CAN GET LEGAL HELP. Cumberland Counly B"r Assoei"lion 2 Liberty A venue c.lrlisle, Pennsylv"ni" 17013 Telephone (717) 249,31 (,(, I' 111.1 ~ 0\ 1."1111 ("'",1,,, ,,,, 'I::~" 1,,111.1< IlfJlf.1 "I .'1"1"~ II H I'M lloa,J ,,' ..: 1l1"~:' '11'\1 KENNETH M, WINEBRENNER, Plaintiff IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v, NO, <}7,025') CIVIL ACTION - LAW SUSAN WALLS f/kal SUSAN M. WINEBRENNER, Defendant IN CUSTODY PI.AINTIFF'S PETITION TO I\IOIHF\' I. Petitioner is Kenneth M. Winebrenner, an adult individlwl who currently resides at IS West Spring Street, Apt. 4, Frackville, Pennsylvania. 2, Respondent is Susan Walls Ok/a Susan M, Winebrenner, an adult individual whose current address is presenlly unknown. 3. The parties arc the parents of Kennetb M, Winebrenner, Jr. 4. A he,lring was held on April 20, 200, following which a Custody Order was enlered, a copy of which is allached as Exhibit "A," 5, The Custody Order W,IS entered bascd upon lestllllony Ihat Respondenl W,IS moving 10 Kentucky. 6, Respondent moved back to Pennsylvania following the enlry of the Cuslody Order dated April 20, 2001. 7. Petitioner has relocated as well, though wilhin the centml Pennsylvania area, S, Pelitioner requests lhatthe Custody Ordcr of April 20, 2001 be modified due to the relocation of the parties. WHEREFORE, Petitionerprays Your Honomble Court 10 reappointlhe Custody Concilialor 10 considcr the modification abovc requested. Respectfully submilled. MARTSON DEARDORFF WILLIAMS & OTTO f~cJ~~ Date: July 2. 2001 By ~_____,_ Thomas J. Williams. Esquire Ten Eastlligh SlI'ecl Carlisle, PA 17013-3()<)3 (717) 243,3341 Allomeys for Father KENNETH M. WINEBRENNER, Plaintiff IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, 97-0259 CIVIL SUSAN WALLS, F/KlA SUSAN M, WINEBRENNER, Defendant CIVIL ACTION - CUSTODY IN RE: CUSTODY ORDER AND NOW, this ;Zo-ef day of April, 2001, following hearing and our prior order in this action dated January 9, 200 I, and after hearing proposals from both sides regarding the details of a custody schedule, we hereby order as follows: 1. Legal custody of the minor child, Kenneth M. Winebrenner, Jr., born May 22,1994, shall be shared by his father, the plaintiff, Kenneth M. Winebrenner, and his mother, the defendant, Susan Walls. The parties will cooperate with each other to exchange all relevant and necessary information regarding thc child's health care, cducation, religious training, and the like, and both parties shall havc full acccss to all rccords and other infonnation regarding the legal custody of the child including, but not limited to, medical and other health records, school records and the Iikc. TIlc mother shall provide copies of all significant school records, including report cards, to the father. Counsel for the parties will provide an extract of this order to the appropriate personnel at the child's school. Further, both parties shall be available to communicate with the other regarding the child, by telephone or in pcrson, at all reasonable hours and each of the parties shall keep the other advised of their current addresses and telephone numbers, both at home and at work, 2. Primary physical custody of said child is hereby confinued in his mother. EXHIBIT "1\" 3. The father shall have the following periods of temporary or partial custody of the child: A. Every summer, commencing at noon on the first Sunday following the end of school in Mayor June ami ending at noon fourteen (14) days prior to the opening of school in August or September of the same year. B. Each spring for the child's spring vacation from school, commencing at noon on the first full day he is not in school and cnding at noon on the last full day before school resumes. For spring of 2001, the father's period of temporary custody over the spring vacation shall commence at noon on Saturday, April 7, 200 \, and conclude on Sunday, April IS, 2001. C. For all of the child's vacation from school over the Christmas and New Year's holidays each year, except for five days of the vacation during which the child shall be with the mother. In odd-numbered years, the mother's five-day period shall consist of the last five full days of the vacation, commencing at noon on the fifth full day before the end ofthe vacation. In even-numbered years, the mother's five-day period shall commence on the last day of school before the vacation and end at noon on the fifth day thereafter. D, One weekend each month when the father does not have periods of temporary custody as outlined above. The parties will coordinate these periods of temporary custody so they take place when the child has a three-day weekend off of school and the father's period of temporary custody shall commence at noon on the first day the child is out of school for such weekend and end at 2:00 p.m. on the last day the child is out of school for the long weekend. The mother shall provide the father with a copy of the child's school calendar by the end of i t VERIFICATION I, Thomas J, Williams, Esquire, counsel for Kenneth M, Winehrenner, depose and say, subject to the penallies of 18 Pa, C S,A. Section 4l)04, th,lt the Illcts set forth in the loregoing plcading are true and correct to the bcst of my knowledge; that my client is presently unavailable; that I am authorized to execute this Verilication on his behalf, and that I will supplement this Verilication in the near future with one executed by my client. r~~IN~.i'l Thomas J, ' ams, Esquire - Date: July 2, 2001 ~ ~ tt n , p ..0 S ~ nv r " ~ "-.(, vs, Am; 2~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 97-259 KENNETH M. WINEBRENNER, Plaintiff SUSAN WALLS, F/KlA SUSAN WINEBRENNER, Defendant CIVIL ACTION - LAW CUSTODY ORDER OF COURT Hess, J, - AND NOW, this ~t/, day of d5t'-~'))f (,t' 1.. ,2001, upon consideration of the attached Custody Conciliation S mmary Report, it is hereby ordered and directed as follows: 1. A hearing is scheduled in Courtroom Number 4 of the Cumberland County Courthouse, on the 3 u'( day of If IN ))d, .. , ,2001, at t'j; 3('1 o'clock ,QL.m., at which time testimony will be taken. For the purposes of the hearing, the Father, Kenneth M, Winebrenner, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth 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. The scope of the hearing shall be limited to the custodial arrangements during the summer. 2. Legal Custody, The parties, Kenneth M, Winebrenner and Susan Walls, shall have shared legal custody of the minor Child, Kenneth M, Winebrenner, Jr., born May 22, 1994, Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of Pa, C, S, 95309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child 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. 3, Physical Custody. Mother shall have primary physical custody subject to Father's rights of partial custody which shall be arranged as follows: A, To begin August 31, 2001, on alternate weekends from Friday at 7:00 p,m. until Sunday at 7:00 p,m, No, 97-259 Civil Term 4. Transportation. The parties shall share transportation and, unless otherwise agreed, shall exchange custody at the Carlisle McDonald's off of Route 81 South. 5. Holidays. A, Christmas school break, Christmas school break shall be divided equally with each parent receiving one-half of the available school break for Christmas. In odd-numbered years, Mother shall have the first half and Father shall have the second half, In even-numbered years, Father shall have the first half and Mother shall have the second half. B. Easter, The parent who has the Easter weekend shall have custody for Easter from Good Friday until 7:00 p,m, on the evening before resumes, C. In the event that non-school days fall adjacent to a custodial weekend, such as Memorial Day, Labor Day and Presidents Day, that parent's period of custody shall be extended to include the Child's school holiday at 7:00 p,m, This shall not apply to Christmas, Thanksgiving or Easter. D, Thanksgiving, The Thanksgiving holiday shall be defined as from Wednesday at 7:00 p,m, until Friday at 7:00 p,m, In odd-numbered years Father shall have custody for the Thanksgiving holiday and in even- numbered years Mother shall have custody for the Thanksgiving holiday, 6, Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody, 7. When the Child is in the custody of the other parent, the non-custodial parent is entitled to reasonable telephone contact with the minor Child. BY THE COURT, 4/. Dis!: Thomas J, Williams, Esquire, 10 E, High Street, Carlisle, PA 17013 (' ~ Samuel L. Andes, Esquire, 525 N, 12~ Streel, PO Box 168, Lemoyne, PA 17043 'f~LJ 9.0,/.01 c;L. KENNETH M. WINEBRENNER, Plaintiff ~ ~ vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-259 " SUSAN WALLS, F/KlA SUSAN WINEBRENNER, 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 Child who is the subject of this litigation is as follows: r I '. NAME DATE OF BIRTH May 22,1994 CURRENTLY IN CUSTODY OF Kenneth M, Winebrenner. Jr. Mother 2, A Custody Conciliation Conference was held on August 9, 2001, with the following individuals in attendance: the Father. Kenneth M. Winebrenner, and his counsel, Thomas J, Williams, Esquire; the Mother, Susan Walls, and her counsel, Samuel L. Andes, Esquire, 3. The parties reached an agreement in the form of an Order as attached with regard to everything except custodial plan for summer, Therefore, the Court will need to schedule a hearing to establish a summer schedule for the summer of 2002 and thereafter. It is anticipated a hearing on this matter will be brief because the balance of the Custody Order has been agreed upon by the parties. 4. Mother's position on summer vacation is that Father should have no more than four weeks of custody during the summer. 5, Father is seeking six weeks of summer custody. He states that prior to Mother's relocation to Kentucky he had frequent, weekly contact with the Child. Subsequent to Mother's move to Kentucky Father moved to Frackville, Pennsylvania. Therefore, now that Mother has returned to central, Pennsylvania, Father seeks to have more regular contact with the Child in addition to a large share of the available summer break, The present Order which was written under the circumstances when Father was in Cumberland County and Mother and the minor Child were living in Kentucky, provided for Father to have custody from the first Sunday follOWing the end of school until fourteen days prior to the beginning of school in the following August or September, I till \ II'" AI II I. (."oJ.... ...1 '1I~\jl IIWIIl ~ h,k ('<41<4 01 ~ltllll: II u 1'\1 Ilr"u4 11'llFlIloll)11lPM KENNETH M. WINEBRENNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO, 97-0259 CIVIL ACTION - LA W SUSAN WALLS f/kal SUSAN M, WINEBRENNER, Defendant IN CUSTODY FATHER'S SUPPLEMENTAL HEARING MEMORANDUM (CONTEMPT ISSUE) As with the summer custody arrangcment, it is anticipated that Father will bc the only witness with regard to his Pctition for Contempt and no cxhibits will bc nccdcd. Father will briefly background and summarizc, ifncccssary, thc tcstimony presented to the Court at last year's hearing on New Year's Eve regarding Mother's relocation to Kentucky. Briefly, Mother and Father had an extraordinarily good custody arrangement where Kenny saw both parents for good parts of every week, the schedules ofboth parents interrelated well with each other so that no day care was necessary, and Father was able to be extraordinarily close to his son, even to the point of ollen eating lunch with him at school. Aller Mother moved to Kentucky, Father maintained as best a relationship as he could with his son, taking custody once a month for a weekend, notwithstanding the extraordinarily long drive, When Mother moved back to Pennsylvania this past summer, Father was able to increase his weekends to two/month and this began aller the eight weeks in the summer that Father had custody of Kenny. A Petition for Modification was filed to set up the new schedule. A Custody Conciliation Conference was held August 9, 2001 with Melissa Grecvy, Esquire, Everything was agreed upon, except for the number ofweeks of summer custody, which issue is also before the Court at this time. It was at this time that problems began that led to the filing of the instant Petition for Contempt. Fathcr was to return Kenny to Mother fourteen days hefore the start of school. Mother told Fatherthe start of school was August 20, 2001 nnd wnntcd Kenny rctumed to heron August 6, 2001. Being suspicious of such an carly date. Fnthcr checked with the school and found that school actually started August 23, 200 I, so he told Mother tlmt he would relunl Kenny on August 9, 200 I which coincidcd with the Custody Conciliation Confercnce - which, happily, savcd both parents from a three hour round trip drive to Carlisle, Apparently upset at missing these three days, Mother told Father he would "pay for this" on his next wcekend, At the August 9,2001 Conciliution Conference, Conciliator Greevy made it very clear to Mother and Father as to the dates and times for the exchange of custody; generally, the parties were to meet at the McDonald's at Exit 13 in Carlisle at 7:00 p.m. on Friday night and again at 7:00 p,m. on Sunday night for Father's weekends, On the very next weekend Father was to have custody, Friday, August 31, 200 I, Mother called and left a message that she had other plans for Kenny that night and would be bringing him Saturday moming insteud, Father called back and protested, but ultimately had no choice, though emphasizing to Mother the need to follow the Court Order, The very next weekend Father was to havc custody, Friday, Septcmber 14, 200 I, Mother callcd Fathcr's home again and left a mcssagc that she had othcr plans with Kcnny and would not bc able to bring him until Saturday morning, Whcn hc got that messagc, Fathcr called and Icft a mcssage on Mothcr's answering machine that this was not acccptable, that she needed to follow thc Court's Custody Order, and hc Icft for Carlislc. It happcns Fathcr had family plans in Maryland that weckcnd and intendcd to take Kcnny with him, He waited at the McDonald's for 45 minutes. After Mother didn't show up and efforts to contact hcr wcrc fruitless, he Icft for thc family gathering in Maryland. He never saw Kenny that weekend. Believing this pattern was going to continue and in the absence of being able to discuss it with Mother (she refused to talk to him on the phone), Father filed the instant Petition for Contempt. What Father wants is: I, Mother to be admonished by the Court that she must follow the schedule set forth in the Court's Order regardless of whether she has other plans for Kenny that she thinks are more important than being with his Futher. 2. Advise Mother thutleaving a messuge on Father's answering machine as to a change in drop,off date or time docs not conslilute un agreement with Father regarding same. 3. Admonish Mother to leuve her answering machine plugged in at all times. I 1111 \ 11^IAlllllml,i<.. .", 10':.':' 'I~.'H 11.1. Ilul,J 111111110:' 'I HI'\! Mr"uJ ()oI 1~!l1 II In u~ ^" KENNETH M. WINEBRENNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 97-0259 CIVIL ACTION - LAW SUSAN WALLS f/kal SUSAN M. WINEBRENNER, Dcfcndant IN CUSTODY FATHER'S HEARING MEMORANDUM Kenneth M. Wincbrcnncr willtcstify substantially in accordance with the following to the cxtcnt it is not a matter ofrccord, A rclocation hcaring was held on Deccmber 29, 2000 at thc rcquest of Mother. Since the parties separatcd in 1996, they both livcd in the Carlislc arca and esscntially shared equal custody of the minlJr child, Kcnncth M. (Kenny) Wincbrcnncr, Jr., born May 22,1994, Neither party had family in this area and remaincd hcre only to livc elose cnough to sharc custody of Kenny. At the rclocation hearing on Dcccmbcr 29, 2000, Mothcr esscntially testified that she had bccome engagcd, that shc planncd to marry in Junc of200l, and that hcr fiancc's position with his cmploycr (the samc cmploycr as Mother) was bcing transfcrrcd to Kentucky. Mother wanted the Court's pennission to take the child to Kcntucky with her and her fiancc, citing the numerous advantages of the higher payingjob of her fiancc (which would allow Mother to work less), and the availability of his family (many ofwhomlivcd in that area) and, particularly, his sister's family day care business in thc arc a whcre thcy would bc living which would be ideal for Kcnny and whcre Mothercould also work so as to bc with Kcnny. By Orderdatcd January 9, 2001, thc Court granted Mothcr's pcnnission to relocate, but gavc Fathcr cxtcnsive visitation, including cssentially the entire summer. Mothcr then rclocatcd to Kcntucky. Fathcr then relocated to Frackvillc, Pcnnsylvania in ordcr to be ncar his brother and sistcr-in-Iaw, Ed and Cindy Winebrenncr (who testified at the relocation hearing), and their family, and also to find employment whcre hc could have weekends and holidays offso as to accommodatc thc new, long distance custody arrangemcnt, though at less pay, CERTIFICATE 01' SEltvlCE I, Tricia D. Eckenroad, an authorizcd agcnt for M.lrtson [)cardorffWilliams & Olto, hereby certify that a copy of the foregoing Father's Hearing Mcmorandum was served this date by depositing same in the Post Office at Carlislc, PA, first class mail, postage prepaid. addressed as follows: Samuel L. Andes, Esquire ANDES, VAUGHN & BANGS 525 North Twelfth Street P.O. Box 168 Lemoyne, I' A 17043 MARTSON DEARDORFF WILLIAMS & OTTO {0, ricia D. Eckenroad Ten East High Street Carlisle, I' A 17013 (7 I 7) 243-3341 Dated: Scptcmbcr 14, 2001 KENNETII M, WINEBRENNER. Plaintiff IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA vs. 97-0259 CIVIL SUSAN WALLS. liJrlllerly SUSAN M. WINEBRENNER. Defendant CIVIL ACTION. LA W ORDER AND NOW. this "It day of December. 200 I. the existing custody order in this case is modified to provide that the finher shall have custody of the child. Kenneth M, Wincbrenner. Jr,. born May 22. 1994. for a total period of six weeks during the summer vacation from school. This custody shall be exercised in increments of two weeks. the first incrcment commencing on the first Friday evening aner the last day of school until the third Friday evening aner the last day of school fiJllowed by a week of custody in the mother. two weeks of custody in the father. a week of custody in the mother. and a final two-week period of custody in the father with the remainder of the school summer vacation in the mother. The petition of the plaintifT for contempt is DENIED. BY TilE COURT. ,4J Thomas J. Williams. Esquire , ' ~ \ For the Plaintiff Jl OpuDf(JC\J..l;..d . /E., 4 '01 P. s Samuel L. Andes. EsqUIre X For the Defendant :rlm J :.1; r-- \.-\j' i,