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Home My WebLink About98-02532'r!r N ''. ~J L .~ ,.. .,. ~, {{. , A ~,` . i' ~~V _ v*~.r'#,,. Id d~ 11t ~; ~. a k p r ~~~ ,' ~J ~ ~ ~.. M ~9 ~ ~~ ~Av'~_ d ~ ~ a , ,, ti ~ ~ :~ ~= ~ . i£ 1 i' r ' r 4 4 ti. ~ ~ o }~ ~~.' r ~'~ '~_' C S rN t qq r ~ ~ ~k, n ~ t ~r , I--~1, x a ,; ° F a :, # a ~ ~ i ,,. k ~/ i I Y i r~A l }, ,,. t. ^ : - •, ' ~ ' ~ ~` 1 . N { ~~~', t 1 `.-= JJJJ / ~ WWWW A .3ti p O r fit: ~ ~~ oCj~~ z~O ~ ~ ~ ~ ~ ~ a~ ..,, ~~~ ~' ~ . - i. _ - ._1 1 ~ '~ It I ' .. i ~Rea~ ~. 1 ~ ( ` ..., , I t o O ~ ~~. ;~, `~ "~ ~ ~i ~ ~ . , ~~, .~, , . . , J ~ - ` .A ~ '~ W u a ~ ~ n ~ h y ''y` ~ Q ~ ~ ~ ~ S ~ ~ ~ _ -. Y i, ~ ~ ~ ~ ~ R ~ P:1p I L1!9411AiAP1 L I4x111Nlxx'vXiv IV I-X'1IX6111Je CrenN~', Mgg10X III,f l ~}{ AAI R1vIXN', UII7V~VX 111:7 X'.IXI'XI KAREN L, OINGRIC:'FI, IN '1'f1E COUR'T' OF COMMQN PLEAS OF Plaintiff' CUMBERLAND COUN/'~T'Y, PF',NNSYLVANIA v• NO.98- I~~. ~ ~ l ~ ~ c~L~ MICHAEL B. MIKULA, , Defendant IN CUSTODY AND NOW, this _ day of _____, 1998, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before T _ __ _ ,the conciliator, at ___ _ _ __ on the __ day of ______ .___ _, 1998, at ___ .m. for a Prc-Hearing Custody Conference, At such conference, an effort will be made to resolve the issues in dispute; or if this camrot be accomplished, to define and narrow the issues to he heard by the Court, and to enter into a temporary order, All children age five or older may also he present at the conference, Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990, I~or information about accessible facilities and reasonable accommodations available to disabled individuals Iraving business before the court, please contact our office, All arrangements must be made at Icast 72 hours prior to any hearing or husiness before the court, You must attend the scheduled conference or hearing. YOU SFIOUL.D TAKE TI-ITS PAPER TO YOUR A"fTORNFsY AT ONCE, IF YOU DO NOT HAVE AN A"fTORNEY OR CANNO'T' AFFORD ONE, CiO TO OR TELEPHONE THE OFFICE SF,T FORTH BELOW 'CO FIND OUT' WHERE YOU CAN CET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 2A9-3166 KAR>;N L, glfvGRICII, IN'f1iE COURT Of COMMON PLEAS OF Plaintiff CUMAERLAND COUNTY, PENNSYLVANIA MICHAEL B, MACULA, , Defendant IN CUST'OUY PLAINTIFP;~COMP A1NT TO CONF~II~~US,hO(~y I, Plaintiff is Karen L. Gingrich, an adult individual currently residing at 44 Wost Locust Streot, Mechanicsburg, Cumberland County, Pennsylvania, 2. Defendant is Michael B, Mikula, an adult individual currently residing at 81 I West Trindlo Road, Mechanicsburg, Cumberland County, Ponnsylvania, 3. Plaintiff seeks custody of the children, Lauren Lynn Mikula and Brooke Annette Mikula, twins being born on June 25, 1981, Morgan Michele Mikula, born on April 19, 1998, and Michael Joseph Mikula, barn April 24, 1990, The children were not born out of wedlock. Since the children's births, the children have resided with the following persons at the following addresses for the following periods of time: Lauren Lynn Mikula resided with the parties until their separation, then resided on alternate occasions with each parent until recently she has been residing in foster care, Brooke Annette Mikula resided with the parties until their separation, then has alternated between parents, Most recently, Arooke has been residing primarily with the Plaintiff Morgan Michele Mikula resided with the parties until their separation, thou has alternated between parents, Mast recontly, Morgan has been residi~rg primarily with the Plaintiff. Michael Joseph Mikula has resided primarily with Defendant at the abovo address until April 24, 1998 and naw resides with Plaintiff, though Michael has beon placed with Plaintiff by Cumberland County Childron & Youth Services. 4, T'ho relationship of the Plaintiff to the children is that of mother, She is divorced and living separately, The Plaintiff currently resides with the following: L`lau1C ~ Brooke Annette Mikula Daughtot• Morgan Michele Mikula Daughter Michael Joseph Mikula So~~ 5, T'ho relationship of the Dufundant to the uhiklrutt is that o1' Father, 1io is divorced and living separately. The Dufundant currently resides with the follawing; ~~ Bclulismaltitt Laureen Landis Girlfriend Uallus Landis Girl1'ricnd's son h. ohild in this court or any court. There has been a previous Order entered regarding the custody of the children, and a copy of the Order dated April 2, 1992, which is attached hereto as Exhibit "A," 7, The best interest and permanent welfare of the children will be sowed by granting custody to Plaintiff because, She can best provide a stable, nurturing and loving environment for the children. ~, Plaintiff dots not know of any parson nut a party to these proceedings who claims to have custody or visitation rights with respect to the children, except Cumberland County Children Rc Youth Services which will also be served with this Complaint and Order. WHEREFORE, Plaintiff requests your Honorable Court to set a time and place For a hearing at which Plaintiff requests the Court to grant her the Custody Order, Pending said hearing, Plaintiff requests temporary custody, MARTSON, DEARDORFF, WILLIAMS & OTTO gY ~~ ~ ~~GC ~.,~L Thomas J. Willi s, Esquire - Ten East High Street CarUsle, PA 17013 (717) 243-3341 Date; /1/~ t,/ I ~~~ Attorneys for Plaintiff ~~ `7 / ~ The patties hove not participated in previous litigation concerning the custody of the Exhibit A - - ~..,.~••~,,~v~, M IN THE COURT OF COMMON PLEAS OF LEBANON COUNTY, PENNSYLVANIA CT'VIL ACTION - FAMILY KAREN L. GINGRICH No. 91-20274 v. : MICHAEL B. MIKULA Protection From Abuse O R '0 E R AP1D NOW, to wit, A'Qril 2, 1992, it appearing to the Court the parties have come to an accord regarding 'the issues arising out of the Petition for Protection From Abuse filed by Karen Gingrich, the Court orders consistent therewith as follows: 1. The terms and conditions of the Temporary Protection Order dated March 27, 1992, shall continue in offect, exoept as otherwise provided herein, for a period of one year, to be, computed from March 27, 1992, unless modified by the Court after hearing, if necessary, upon the petition of either party. 2. The defendant by agreeing to the terms of this Order dose not admit to any wrongdoing as a predication to plaintiPP.'s Petition under the Protection From Abuse Act. EXFIiBIT "T" ~, ,y..., .. _._.....„ . , _ . 3, The parties shall have joint and shared oustody of their lour children, Lauren, age 10, Bx•ooke, age l0, Morgan, aq® 4, and Michael, age 2. 4, Frimary physical custody of Lauren and Brooke shall be in their mother, Karen L. Gingrioh. Fximary physical oustody of Morgan and Michael shall be in their father, Michael B,. Mi.kula. 5. Unless otherwise arranged by the parents, the mother shall have partial custody of Morgan and Michael each weekend from Friday at 6:00 p.m, until Sunday at 6:00 p.m., and the father shall havo partial custody of Lauren and Brooke each weekend from Friday at 6:00 p.m. until Sunday at 6:00 p.m. The Court vigorously urges the parents to make time far all four children to be .together for significant periods to maintain their relations tip as siblings. 6. Fetching and return of the children'Bhs~1l bq ;araanc~~1 1y~khe,parants through third paxties to minimize the .physical !~Aantaat between each other. 7. Notwithstanding any other provision of this Order, the parents shall be in contact with each other concerning partial oustody arrangements and any emergency involving the children, 8. The ousts of this proceeding shall be shared equally by-the parties. BY THE COURT: WALTE ,P.J. ace James A. Chang, Esq, Karen:.L. Gingrich/63 Sou Locust St „ Campbelltown, PA Miohael D. Schultz, Esq. Michael. L. Mikula/476 Lexington Ave., Mechanicsburg, PA 17055 PA State Polioe Sheriff Y1si~li'1St~1'iSlly The foregoing Complaint to Confine Custody is based upon infi~rmtttion which has boon gathered by my eounsol in the preparation of the IawsuiL '1'hc langutige of the document is that of counsel and not my own. 1 have read the Complaint and to the extent that the document is based upon information which I have given to my eounsol, it is True tmd corral to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon eounsol in making this verification, This statement and verification are made subject to the penalties of I8 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Ka et' n L, Cih rich S:LIkTll~l ~'CES21~xY -, Tricia D. Eokenroad, an authorized agent fpr Marisan, Duardorfl; Williams Kc Otto, hereby certify that a copy of the linrogoing Custody Complain) served this date by depositing samo in the Poet Gf0ce at Carlisle, PA, first class snail, postage prepaid, tuldrussal as follows; Mr, Michael B. Mikula R I I West "I'rindle Road Mechanicsburg, PA 17055 Ms. Necole (fresh Caseworker C,C.Y,S, Suite 200 Human Services Building 16 West High Street Carlisle, PA 17013 MARTSON, DEARDORFF, WILLIAMS & OTTO ~Tricia U, Eckenroad <lUalu-tai' - Ten East High Street _, Carlisle, PA 17013 ,; (717)243-3341 Date~d,~'/~/j~~' a ~~ ~ r: r :~ }J ~ P. t ,~ ^, .,-r .~ii1 .~ ( :1. ~i~ Z ~" d~ ~ 2.S . ~.. _.. •. ~ ~ ,. f ~FILUAlIlA1'App.IlNI11NIMNVA\v IVLCIIM.I~hk Crp1e1.IM/lVNI 10.11',11 AM Nevlenl: I W1vrvII Iq:1N ~, I RM KAREN L, CIINGRICH, Plaintitl' v, MICWAEL. B, MIKULA, Defendant B-rt('a ~ rp~~b ~~ ^J THE COURT OF COMMC)N PLEAS OF GUMdER1,gAND COUNTY, PENNSYLVANIA NO.98- OC ~ ~~ ~~1,~--G~ 1N CUSTODY ORDER OF COU$T AND NOW, this ____ day of _.__.__._,__, 1998, upon consideration of the attached Complaint, it is hereby directed that the purties end their respective counsel appear before _ _ _ _ _ - __,theconciliator,at__,_____ _^^ -. on the ____ day of _- _ _ __ ___.._~, 199R, at ___"_ .m. for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or jf this cannot be accomplished, to define and narcow the issues to he heard by the Court, and to enter into a temporary order. All childron age five or older may also be present at the conference, Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR'1'HE COURT, By: ~---- Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990, l~or infofmation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arcangemonts must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled oonferenca or hearing. ~. 1 ~4` YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE, IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SE1' FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania f 7013 Telephone (717) 249-3166 KARHN L, UINCRICH, ; IN THE COURT OF COMMON PLEA5 OF PlaintifT CUMBERLAND COUN"fY, PPNNSYLVANIA n .n r•'~ r' a~ ~ ~ : NO.98- r ' ~~, i"i ~l 1.. ~~~,, ~. MICHAEL B. MIKULA, ~ !~'~ Defendant ; IN CUSTODY ~' ;; '~~ ;; PLAINTIFF'S ~'nMPLA1NT.:101"ONFIRM CU~TO' Y ~ ~_', .c -- i. Plaintiff is Karen L. Gingrich, an adult individual currently residing at 44 West Locust Street, Mechanicsburg, Cumberland County, Pennsylvania. 2, Defendant is Michael B. Mikula, an adult individual currently residing at 811 West Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff leaks custody of the children, Lauren Lynn Mikula and Brooke Annette Mikula, twins being bom on June 25, 1981, Morgan Michele Mikula, born on April 19, 1998, and Michael Joseph Mikula, bom Apri124, 199Q, The children wart not born out of wedlock. Since the children's births, the children have resided with the following persons at the following addresses for the following periods of time: Lauren Lynn Mikula resided with the parties until their separation, than resided on alternate occasions with each parent until recently she has been residing in foster care. Brooke Annette Mikula resided with the parties until their separation, then has alternated between parents. Most recently, Brooke has been residing primarily with the Plaintiff. Morgan Michele Mikula resided with the parties until their separation, then has alternated between parents. Most recently, Morgan has been residing primarily with the Plaintiff Michael Joseph Mikula has resided primarily with Defendant at the above address until Apol 24, 1998 and now resides with Plaintiff, though Michael has bean placed with Plaintiff by Cumberland County Children & Youth Services. 4, The relationship of the Plaintiff to the children is that of mother She is divorced and living separately. The Plaintiff currently resides with the following: Nance 8~101t4IISh11) Brooke Annette Mikula Daughter Morgan Michele Mikula Daughter Michael Joseph Mikula Son 5, Tho relationship of tho Defendant to the children is that of Father. Ha is divorced and living separately. Tha Defondant currently resides with the following: i~ltle Lauroon Landis Dallas Landis R~ht-iQUSttiR Girlfriend Girlfriend's son b. The parties have not participated in previous litigation concerning the custody of the child in this oouil or any court. Thero has bean a previous Order entered regarding the custody of -he children, and a copy of the Order dated April 2, 1992, which is attached hereto as Exhibit "A," 7. 'fhe best interest and permanent welfare of the children will be served by granting custody to Plaintiff because; She can best provide a stable, nurturing and loving environment for the children. 8. Plaintiff does not know of any person not a party to these proceedings who claims to Nava custody or visitation rights with respect to the children, except Cumberland County Children & Youth Services which will also be served with this Complaint and Order. WHEREFORE, Plaintiff requests your Honorable Court to set a time and place for a hearing at which Plaintiff requests the Court to grant her the Custody Order. Pending said hosting, Plaintiff requests temporary custody, MAR'fSON, DEARDORFF, W[LLIAMS &. OTTO By ~ ~~,~.,,..y., Thomas J, Willi s, Esquire Ten East High Streot Carlisle, PA 17013 (717) 243-3341 f ~ Attorneys for Plaintiff' Data; /111s~ . ~ 5 r '"- `~ IN THE COURT OF COMMON PLEAS OF LEBANON COUNTY, PENNSYLVANIA CIVIL ACTIO_ N - FAMILY KAREN L. GINGRICH t Na. 91-20274 V. MICHAEL B. MIKULA Protection From Abuse O R D E R AND NOW, to wit, lYp~c11 2, 1992, it appearing to the Court the parties have come to an accord regarding the issues arising out of the Petition for Protection From Abuse filed by Karen Gingrich, the Court orders consistent therewith as follows: 1. The terms and conditions of the Temporary Protection Order dated March 27, 1992, shall continue in effect, except as otherwise provided herein, far a period of one year, to be, computed from March 27, 1992, unless modified by the Court after hearing, 1E necessary, upon the petition of either party. 2. The defendant by agreeing to the terms of this Order does not. admit to any wrongdoing as a predication to plaintiff's Petition under the Protection From Abuse Act. EXHIAIT "A'" _._ / l ... ' .. ~Jiwu ~..ua u•.w, '..L . r ... .~ ....~... ... Yr~~W. ,~ 3. The parties shall have joint and shared oustody of their four children, Lauren, aye 10, Hrooke, age 10, Morgan, age 4, and Miahael, age 2. 4. Primary physical custody of Lauren and Brooke shall be in their mother, Karen L. Gingrich. Primary physical custody ' of Morgan and Michael shall be in their father, Michael 8. Mikula. S. Unless otherwise arranged by the parents, the mother shall have partial custody of Morgan and Michael each weekend from Friday at 6:00 p.m. until Sunday at 6:OU p.m., and the father shall have partial custody of .Lauren and Brooke each weekend from Friday at 6:00 p.m. until Sunday at 6:00 p.m. The Court vigorously urges the parents to make time for all-four ahildren to be together for significant periods to maintain their relationship as siblings. 6. Fetching and return of. the ch.ildren~~;b~~,~~~ M164~rr,Haxreats through thi,rd.•B.a,xhi,os tq mir~.i.~n~,~e the phy~i,caJ, .0~ ~l,~pWTstslat between eaoh other. ,> 7. Notwithstanding any other provision of this Order, the parents shall be in contact with each other concerning partial custody arrangements and any emergency involving the children. 8. The coats of this proceeding shall be shared equally by the parties. $X THE COURT: ,P.J. ces James A. Chan ALTS 4~ Eaq. Karen:,L. Gingrich/63 Sou Locust St., Campbelltown, PA Michael D. Schulte, Esq. Michael L. Mikula/476 Lexington Ave., Meohanicsburq, PA 170SS PA Stete Police Sheriff Yt:1~1E1~.AT7Q~! The Coregoing Complaint to Confirm Custody is based upon Information which has bean gathered by my counsel in the preparation of the lawsuit. 'I'ho language of the document is that of counsel and not my own, I have read the Complaint and to the extent that the document is based upon Information which I have given to my counsel, it is, tmc and correct to the best of my knowledge, information and belief. 'fo the extent that the content of the document is that oCwunsel, t have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 181'a. C,S. Section 4904 relating to unswom falsification to authorities, which provides that if I make knowingly false averments, l' may he subject to criminal penalties, 'G"" Ka`Ji rich CERTIFICATE OF 4 •RVI li 1, Tricia D. Eckeuroad, an authorized agent for Manson, Deardorff, Williams & Otto, hereby certify that a copy of the foregoing Custody Complaint served this date by depositing same in the Post Office al Carlisle, PA, first class mail, postage prepaid, addressed as follows; Mr. Michael B. Mikula 811 West Trindle Road Mechanicsburg, PA 17055 Ms. Necole Gresh Caseworker C.C.Y.S. Suite 200 Human Services Building 16 West High Street Carlisle, PA 17013 MART50N, DEARDORFF, WILL[AMS & OTTO By , --Tricia D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243.3341 fV'ILCtiIUAYpVp.li411~ry1q('9X,~J 1'1LAIUI 19JC (tmk,l 0ply^Jx l04 tV AAI - ' Ntvl,el Illm.ugn I ] n 7x YM x1'11 I KARF,N L,. DtiVINI's, fin'nwigy IN'I'I11: LOUR"I' O1~ (';OMMON PLEAS OF KARI'sN I,. CiIN(1R1C'II, CUMBERLAND COUN"I'Y, I'ENNSYI~VANIA Plainlil'I' v, NO, 9K-2532 MIC'IlAlil. 13, MIKIII,A, Dcfciuhott IN CUS"fODY OL2L21;12 i2L'_C~Ultl' AND NOW, this _:~_, clay ol',k~i~,)~,.~ , 1999, upon oonsidcrution ol'the attached Petition to Reappoint Custody Coneiliator, it is hereby dirwlal that the panic, noel their respective counsel appear before 1-~~L'-L~ ~,.. ~..~t~(C>`,.~_ ~ I :.1~-~ ~ _ the cuncilhdoi, nt ~~Ll 1`~e1~~~~hl,L1JLItlY_clllt~ l~ SSA-~ l[[l~l?:,Con tlu ~~~., day uf. t~ w ~4.1LL.r~11.`. ~. , 199', ttl _,.~~ ,.~C~_,~.nt, fot n 1'rc-licarmg Custody Conloroncc. Al such conluratcc, nn cf7itrt wlil be made to resolve the i,esues in dispute; or il'Ihis cannot be uccomplishcd, to define and narrow the issues to be heard by the Court, and to enter into a temporary order, All chilch•en age live or older miry also be present at the conference. Failure to appear at the conlorcncc may provide grounds for entry of a temporary or permanent order. I~OR'I'IIE LOUR"I', Gusted Conciliator ~ The Court of Conunca Pleas of Cumberland County is required by law to comply with the Amarioans with Disabilities Act of 1990. I~or information shout accessible facilities and reasonable accommodations available to disablccl inchviduals having business heibre the court, please contact our office; All an;mgemcnts must I.e made al Icast 72 hours prior to any hearing or business hefot'c the court. You nntst attend the scheduled conlorcncc a hearing, YOU SFIO[1LD "I'AKG'1'I IIS PAPER. "I'O POUR A'1"I'ORNf:Y A'I' ONCE. IF YOU DO NOT HAVE AN A'I"I'ORNGY OR CANNO"I' AFFORD ONE;, GO "f0 OR'1'IsLEPIIONE'fHI: OFT~ICE SE'T FORTH BELOW 'CO FIND OU"I' WFIF..Rfs YOU CAN CiE"I' LEGAL I1ELP. Cuntbcrland County Bar Association 2 Liberty Avmutc Carlisle, Pennsylvania 17(113 'Telephone (717) 249-31(i(i KARF,N L, DF.VINE, I'ormcrly KAREN L, GINGRICI-l, Plaintiff v, MICHAEL B. MIKULA, Defendant 1N THE COURT O[' COMMON PLEAS OE CUM[3ERLAND COUNTY, PENNSYLVANIA : N0. 98-25;12 IN CUSTODY PLAINT1Fl_S 1'ET11~1UL~1.1'f)_13EE1PP-OlN:1-CUS'LO.1ZY_C~?IVC,lUi_A7'OR A Complaint to Confirm ('ustody was filed on May 4, 1998, a copy of which is attached hereto as Exltibil "A" 2, Pursuant to said Complaint, a partial hearing was held on June 2, 1998 before the ~Honornble F,chvard E. Guido. Said hearing was continued to June 10, 1998. A copy of the Order issued on .lone 10, 1998 is attached hereto as P,xhihit "B." 3. 'fhe Order of June 10, 1998 directed that .Michael Mikula, Jr. be placed in the custody of the Plaintiff; and Dallis Wilson be placed in the care ol'his father, Lamont Wilsrnt. Defendant was permitted to make phone calls to and supervised visits with Brooke Annette Mikula. All visits between Defendant, Lorene Landis and the children, Dallis Landis, Michael .loscph Mikula, Jr., Brooke Annette Mikula and Morgan Michele Mikula was to be supervised. 4. On September 3, 1998, Cuntberlmtd County Children and Youth sought to terminate Michael Joseph Mikula, Jr.'s dependency with Cumberltutd County pursuant to the Order of .tune 16,1998, 'fhe Honorable F'.chvard G. Guido advised on the Order that he would not grant the termination until an Order was in place granting Plaintiff custody of Michael Mikula, Jr, and limiting Dcl'endant's visits with him to supervised visitation. A copy of said proposed Order tinted September 3, 4998 is attached hereto as Exhibit "C." 5. Plaintiff is desirous to have sole custody of all Four chilch•en, Lauren Lynn Mikula, Michael Joseph Mikula, Jr., Brooke Annette Mikula and Morgan Michele Mikula, and limiting Defendant attd Lorene Landis's visits with the children to supervised visitation. WHEREFORE, Plaintiff requests your Flona•ablc Court to reappoint a custody conciliator to set u lime and place for a hcuring at which tune Plaintiff requests tlrU she receive custody of all .four ohildron. Pending stud hearing, plaintiff requests temporary custody of Lauren Lynn Mikula, Michael Joseph Mikula, Jr., Brooko Annette Mikulu and Morgan Michele Mikuln. MARTSON, DGARDORFF, WILLIAMS & OT"fO Thomas ,f, Williams, Esquire Ten East High Street Carlisle, PA 17013 (717)243-3341 Attorneys for Plaintiff Dato: January 4,.•1999 ~. r.vuesu7ntvn~ewxnlfacwlwf/t ~rnM, I na C,N1d: W79//110.f I'.SI AM Kalwd:.UN1N/07:11:11 rM KAREN L. GiNORICH, M THB COURT OF COMMON PLEAS OF Plaintiff ; CUMBERLAND COUNTY, PENN/QJSYLVANIA v. N0.98- ~~~~ ~"1-C/ MICHAEL B. MIKUL,A, Defendant fN CUSTODY 9.~_RS)~4S1BT AND NOW, this _ day of 1998, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before .___, the conciliator, at __ on the _ day of ~~ __ , 1998, at _ ,m. for aPre-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 heat•d by the Court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, Custody Conciliator I~ -1~ The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individurJs having business before the court, please contact our office. All arcangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conferonce or hearing. YOU SHOULD TAKE THIS FAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO 'f0 OR TELEPHONE THE OFFICE SET FORTH BBLOW TO FIND OUT WHERF. YUU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Ext1TBIT 17A"" KAREN L, OINGR[CH, Plaintiff ; IIV THE COURT OF COMMON FLEAS OF : CUMAERLAND COI INTY, PENNSYLVANIA v. N0.96- rc7,- ~n .r; MICHAEL B, MIKULA, r~; •; ?~ ~~~~ Defendant IN CUSTODY - ~ i ~ ~~ i~,,. .r- ~ ~t pj,AINTIFF'S COMPLAINT TO Cp.NFIRM CUSTQQy ~:~; , :''. ~ I. Plaintiff is Karen L. Gingrich, an adult individual currently residing at~ West Locust Street, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is Michael B. Mikula, an adult individual curcently residing at 811 West Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the children, Lauren Lynn Mikula and Brooke Annetta Mikula, twins being born on June 25, 1981, Morgan Michele Mikula, bom on April 19, 1998, and Michael Joseph Mikula, bom April l4, 1990. The children were not bom out of wedlock. Since the children's births, the children have resided with the follrwing persons at the following addresses for tho following periods of time; Lauren Lynn Mikula resided with the parties until their separation, then resided on alternate occasions with each parent until recently she has been residing in foster caee. Brooke Annette Mikula resided with the parties until their separation, then has alternated between parents. Most recently, Brooke has been residing primarily with the Plaintiff. Morgan Michele Mikula resided with the parties until their separation, then has alternated between parents. Most recently, Morgan has been residing primarily with the Plaintiff. Michael Joseph Mikula has resided primarily with Defendant at the above address until April 24, 1998 and now resides with Plaintiff, though Michael has been placed with Plaintiff by Cumberland County Children &. Youth Services. 4. The relationship of the Plaintiff to the children is that of mother. She is divorced and living separately, The Plaintiff currently resides with the following: L`lalriiti ~1;18114t]9t1,IR Brooke Annette Mikula Daughter Morgan Michele Mikula Daughter Michael Joseph Mikula Son 5, The relationship of the Defendant to the children is that of Father. He is dlvnrcal and living separately, The Defendant curcently resides with the following: 1~ Laureen Landis Dallas Landis Girlfriend Girlfriend's son 6. The parties have not participated in previous litigation concerning the custody of the ohild in this court or any court. There has been a previous Order entered regarding the custody of the children, and a copy of the Order dated April 2, 1992, which is attached hereto as Exhibit "A." 7. The best interest and permanent welfare of the ohildren will he served by granting custody to Plaintiff because: Shc can best provide a stable, nurturing and loving environment for the children, 8. Plaintiff does not know of any person not a party to these proceedings who claims to have custody or visitation rights with respect to the children, except Cumberland County Children & Youth Services which will also be served with this Complaint and Order. WHEREFORE, Plaintiff requests your Honorable Court to set a time and place for a hearing at which Plaintiff requests the Court to grant her the Custody Order Pending said hearing, Plaintiff requests temporary custody. MARTSON, DEARDORFF, WILLIAMS & OTTO Thomas J. Willi a, Eafi squire Tan East High Street Cazlisle, PA 17013 (717) 243.3341 Data; /1/~, . t,/ r ~ C~ Attorneys for Plaintiff . IN THE COURT OF COMMON PLEAS OF LEBANON COUNTY, PENNSYLVANIA CIVIL ACTION - FAMILY KAREN L. GINGRICH No. 91-2U274 v. MICHAEL B. MIKULA Protection From Abuse O R D E R AND NOW, to wit, 'Jypor},1 2', 1992,. it appearing to the Court the parties have come to an accord regarding the issues arising out of the Petition for Protection From Abuse filed by Karen Gingrich, the Court orders consistent therewith as follows: 1. The terms and conditions of the Temporary Protection Order dated March 27, 1992, shall continue in effect, except as otherwise provided herein, for a period of one gear, to be, computed from March 27, 1992, unless modified by the Court after hearing, if necessary, upon the petition of either perty. 2. The defendant by agreeing to the terms of this Order does not admit to any wrongdcinq as a predication to plaintiff's Petition under the Protection From Abuse Act. EXHIBIT "A" ~~. ~, _. : .. .~... ........ ._. .w.:~d'u~ 3. The parties shall have joint and ahAred auatody o! their four ahildrsn, Lauren, age 10, Drooke, age l0, Morgan, age !, and Miaheel, aye 2. 4. Primary physical custody of Lauren and Brooke shall be in their mother, Karen L. Gingrich. Pxdmary physioal custody of Morgan and Miohael shall be in their father, Michael B. Mikula. 5. Unless otherwise arranged by the parents, the mother shall have partial custody of Morgan and Michael each weekend from Friday at 6:00 p.m, until Sunday at 6s00 p.m., and the father shall have partial custody of Lauren and Brooke each weekend from Friday at 6:00 p.m. until Sunday at 6:00 p.m. The Court vigorously urges the parents to make time for all four children to be together for significant periods to maintain their relationship as siblings. 6. Fetching and return of. the children ~t~wg~arq~tr~r:•a~zwug~ ttl;a~,~a.F+ar~~1~~:~! ~~„ ?~,.~,~ ~~:.r:1Ql~i~a~~s :q,~ tti~'at between eaoh other. ,y 7. Notwithstanding any other provision of this Order, the parents shall be in contact with each other concerning partial ouatody arrangements and any emergency involving the children. 8. The costa of this proceeding shall be shared equally by tho parties. BY TfiE COURT: ,P.J. aa: James A. Chang, Eaq. ALTE Karen:•.L. Gingrich/63 Sou Locus St., Campbelltown, PA Michael D. Schultz, Esq. Michael L. Mikula/476 Lexington Ave., Meahanicsburq, PA 17055 PA State Police Sharilf y>;Rip1~t11T1~21~1 The foregoing Complaint to Confirm Custody is based upon information whiah has boon gathered by my counae) in lho preparation of the lawsuit. 'fho language of the document is that of counsel and not my own. I have read the Complaint and to the extent that the document is based upon information whiah i have given to my counsel, it ia. true and correct to the host of my knowledge, information and belief. To the extant that the content of the document is that of counsel, I have reified upon counsel in making this vcrilicatinn. This statement and vcriticatlon are made subjtxt to the penalties of I R Pa. C.S. Section 4404 relating to unsworn falsification to authorities, which provides that if 1 make knowingly false averments, I may be subject to criminal penalties. Ka~1~~rich I.. .. _ s/ `_~ CERT~I~ATF OF SERVICE 1, Tricia D. Eokenraad, an aulharixcd agent for Martson, Deardorff, Williams Bc Otto, horeby oortUy that a espy of tho foregaing Custody Complaint served this date by depositing same in the Past Office at Carlisle, PA, flrsl class mail, postage prepaid, addressed as follows; Mr. Michael R. Mikula 81 I West'frindlo Road Mechanicsburg, PA 17055 Ms. Necole Oresh Caseworker C,C,Y.S. Suite 200 - Human Services Building 16 Wast High Street Carlisle, PA 17013 , MARTSON, DEARDORFF, WIU~IAMS & OTTO By Trw~a D. Eckanroad Ton East High Street Carlisle, PA 17013 (717)243.3341 f Dated;S~Y~Qr I IN THE COURT OF CUMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 9?-155 JUVENILE IN THE MATTER OF MICHAEL MIKULA, born April 24, 1990 ORDER OF COUR3 AND NOW, this 10th day of June, 1498, after extensive testimony and reviewing all of the exhibits that have been admitted, the Court finds by clear and convincing evidence that the children continue to be dependent. Michael Mikula, Jr., is placed in the care and custody of his mother, Karen Devine, subject to protective supervision by Children and Youth Sarvioas. Dallis Wilson is placed in the rare and custody of hie father, Lamont Wilson, sub}ect t0 protective supervision by Children and Youth Services to be transferred to Blair County if they will accept it. The parents of both children shall cooperate with the agency in connection with any family service plan that is to be formulated. In addition, Michael Mikula, Sr. and Lorene Landis shall attend drug counseling and shall submit to random drug screenings as requested. This Court cannot and will not condone unsupervised visitation with either of them unless and until it ie oonvinoed that they have been drug free fora substantial period of time. Lamont Wilson is directed to submit to a hair sample test within five business days of today~s date. EXHIBIT "B" ...r „..Yr,.:. , ~~.u.. The paternal grandparents of Michael Mikula, Jr. shall be entitled to overnight visitation with Michael at least one weekend per month and such other timos as agreed to by Karen Devine. Michael Mikula, Sr. and Lorene Landis may visit with Michael during said periods of visitation if agreed to by the grandparents and if the agency is made aware of those visits. Any such visitation shall be supervised by the grandparents. Said supervision shall be such that neither Lorene Landis nor Michael Mikula, Sr. may be with Michael Mikula, Jr. unless they are in the presence of at least ono of the grandparents. ~'he Court has no problem with Morgan accompanying Dtichael on those visits subject to the same restrictions in visiting with Lorene Landis and Michael Mikula, Sr. Michael Mikula, Sr. may have supervised visitation with Brooke at the Lords House as permitted by their staff, and he may oall Brooke at any time during normal telephone hours. Michael Mikula, Sr, may contact Lauren by phone at her foster parents home at any time. The paternal grandparents of Dallis Wilson shall be entitled to overnight visitation with Dallis at least one weekend per month and such other times as agreed to by Lamont Wilson. Lorene Landis may visit with Dallis during such periods of visitation if agreed to by the grandparents and if the agenoy is made aware of those visits. Any such visitation shall be supervised by the grandparents. Said supervision shall be such that Lorene. Landis may not be with Dallis unless in the presenoe o! one of the grandparents. Liberal telephone contact is encouraged between the ohildren and Lorene Landis and Michael Mikula, Sr. During the summer months Michael is encouraged to call his father at least four evenings per week between 8:0o and 9:OO p.m. for a period of ten to fifteen minutes. Lorene Landis niay call Dallis four oveninga per week between 8:0o and 9:0o p.m. for a period of ten to fifteen minutes. More telephone contact is authorized if agreed to by the mother of Michael Mikula, Jr. and tl:e father of Dallis Wilson as the case may be. zn addition to the visitation set forth above, supervised visitation should continue to be arranged through Children and Youth Services until further recommendation by ! Children and Youth Services or further order of this Court. ' No party, parent of a party, or spouse of a party shall discuss this case or the testimony given in connection herewith with any of the children. This order is in the bolt interest of the children. All reasonable efforts were made to avoid this placement. ey the Court, Edward E. Guide, J.~ I Ftuby D. Weeks, Esquire .For CCC6,YS i Lindsay D. Baird, Eequire For the ohild i Jacqueline M. Verney, Eequire ~`~ For the natural father mas s. Williams, ksquire Fo tha natural mother CCC&Y :lfh ,. ,. Exhibit C M TkIF. COURT OF COMMON PLL~AS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 155 JUVENILE 1997 IN THE MATTER OF MICHAEL MIKULA DOD; AI Dependent Juvenile AND NOW, this 3~ day the recommendation of Cumberland Jr.'s dependency with Cumberland County County be & Youth Services sy the and tha protective services case with Edward E. Ouido, J. -~ °r ec: Ruby D. Weeks, Esquire Solicitor for CCC&YS Thomas Williams, Esquire Attorney for Karen Devine Jacqueline Vemcy, Esquire Attorney for Michnel Mikula Sr. Lindsay Darc Daird, Esquire Attorney for Michael Mikula, Jr Probation CCC&YS 199$ it is ordered and directed that based on and Youth Services that Mlchaol Mikula -\ r ,~ • a'" (f '~ . ' ~ 'V"_ ~ r ~`~~~ ~ G)41IBIT °C" v~u;er%~ Tho foregoing potitlon to Ronppoittl Custody Conciliator is bused upon infomrutian which has bean guthored by my counsel in the preparation of the lawsuit, The language of the docurnont is that of counsel arnd not my own, 1 huvo road the Complaint and to the extant Ural the document is bused upon irrfomudion which 1 havo given to my counsel, it is true and corewt to the best of my knowlcdgo, int'ormation and belief 'l'o the extent that the content ol'the document is that of counsel, 1 have rolicd upon counsel in making this verification. This statement and verification arc made subject to tlrc pcnultics of 18 I'a, C,S, Section 4904 relating to unsworn falsification to authorities, which provides that if 1 make knowingly false avormonts, I may be subject to criminal pcnultics, i ' A.~-c.~., "- ___-._ arcn G, ingrich-Devine DEB"11F.1(~A ~ ~ 1L1tY1CL; I, Tricia D. Eckenroad, an authorized agent for Marisrnt, I)cardorff, Williams b'c Ot1u, hereby oorlify that acopy of the foregoing PlainlifPs Petition to Rcappuinl ('ustudy C'oneillator svrvud this date by depositing same in the Post Office at Carlisle, I'A, lirsl Mass moil, poslago prupuicl, addressed as follows: Ruby D, Wccks, lisquiru Teq Wost High SUoet Carlisle, PA 17013 Jacqueline Vornuy, f?squiru 41.ibcrty Avenue Carlisle, PA 171113 Lindsay Darc Baird, I?squiru ' 37 South Hanover SUvcl Carlislo, PA 17011 Ms. Nccolc (:ireslt Caseworker C.C.Y,S, Suite 200 F4iman Services Building 16 West Fligh SU'cct Carlisle, PA 17013 MAR'IYiON, 1)13A1(hO1(I'P, WI[,I,IAM; G~ O'1"fO 13Y__ . ~ ~ ~ 1 'Iricicc I), Ilckunfoacl ' en I ast high titruul Carlitilu, 1'A I"101;1 (7171 ~41 :11d1 Dated: January 4, 1999 k' `, a ~ ': ~ ~ ~ F a ' 1 ~ ,r Lei / f a 1 1 4i- - I I I~ .(i.. 1 ( ' „ f. 1, <f ~ Cf - ~ t Q U a ~ J .1. y S ~ `~I ,.1 ~ x _ J 1 - y ^ ~ ~ { v M ^ . ~ i vfff J iJ ~'~ ~ ~, ~ ~ ~ ~ p ~ ~ ~ l. ^ ~ ~ 1 ~ J41 ~ ~ .J - _ ~ 0 $ z ~ > N r z ~ ~ W~ ~ h ~ a ~ °~ o ~ z aj ,.. ., ' ~1hAR . ,~ 1999, \. KAREN L• DEVINE, forrnerly W 'I'I II'; ('(-1 Ilt l' Of ("(-MMON I'I,I?Ati OR KAREN L. GINGRICH, ('UMIII~:kI•ANI)('OI ~N11', I'I~:NNNYI,VANIA Plaintiff , v ('IVII, A(' fl(-N ~ I,AW MICHAE[, E, MIKUI,A. NO.9k - ~51 ~ ('IVII • Defendant IN ('Uti lY)Ul' t_'OIIR'1' (lItI1J AND NOW, this ~Q$~ dtty ol• Mureh, 1999, upon considungiun ul• Iltc ntlnchal Custody Conciliation Report, it is ordered and dircclc+l ns tidlows; 1. The Mother, Karen I •, Urviur, shall enjoy Irl„al and physical ousludy ol• Lauren Lynn Mikulu and liruukc Annruc Mikula, Itvins born un ,lone 25, 19k1; Morgan Michele Mikulu, burn April 19, 1998; and Mlchuel Joseph Mikulu, horn April 24, 990. 7. The father, Michael I-, Mikulu, shill cujuy periods of visilotlon with the minor children that will he supervised and us agreed upon by the Mother. 3. 'T'his Order is entered in ucared+uu'e with the attnchcd Custody Coneilinlion Report, It is Holed that the I ulhcr did nul nppcar at the C'uuclliatiun ('onl'crcnce• In the ~:vcnt that the Father desires to modify this order In any wny, father may petition the Court to hove the case. again sehedulcd hetin'c the ('uatody ('nuclhalor lin• n conference, HY 'I'I U? C( llt" cc: Thomas Willinms, Iisquirc _ f,4 ~«W, ,.,,~n,,tF~C., '3~IC~q ~~ Michael 13, Mikula ~ ~ y KAREN L. DF:VINE„ forntcrly IN "f1iE COURT OF COMMUN PLF;AS OF KAREN 1„ (iINGRICFI, CUMF3ERLAND COUNTY, PENNSYLVANIA I'laintifl' v CIVIL AC"PION - I,AW MICCIAEL,13, M1Kl1LA, NO, 98 - 2532 CIVIL Defendant IN CUSTODY Prior Judge: F?dward E. Guido CONCH IATION CONFrRENCE SUMMARY REPORT' IN ACCORDANCE Wl"fH TFIE C'UMF3F,RLAND CDUN'I'Y CIVIL RULF, OF PROCE[)URE 1915.3-8(b), the undersigned Custody Conciliator submits the tollowing repo~l: I, The pei4inent information pertaining to the children who are. the subject of this litigation is as follows: Brooke Annctle Mikula, bom June 25, 1981; Morgan Michele P~likula, born April 19, 1998; Michael Joseph Mikula, born April 24, 1990; and Lauren Lynn Mikula, born June 25, 1981. 2, A Conciliation Conference was held on February 2G, 1999, with the following individuals in nttandancc: The Mother, Karen L,, Devine, with her counsel, Thomas Williams. Attorney Williams indicated that the Defendant was served with notice of the Conciliation Conference. Furthermore, Mrs. Devine indicated that the children related to her that the Father had acknowledged to them that he was aware of the scheduled Conciliation Conference. However, the Father did not appear and no attorney on behalf of the Father contacted Attorney Williams or the Conciliator. 3, The Conciliator recommends an order in the form as attached. UAT' 13 ~ Y Hubert X. Gilroy, E uire Custody Conciliat r BKOUJOS & GII,ROY, r.C ATPbKNKYS AT LAW JOHN H, KKOUI~ ~ 4 NOK'rl'1 HANOVKK 9'1'Ktilr' HuueKr X. CILKOr CAK1.15L1;, t'KNNSYLVANIA 171)13 ~hNh ,f 1~i~is V,,) T1{utp1loNn; (71%) 243-4574 +ACaIMU.r.: (717) 243-N227 IN1'ItKNhr: brgllroypaF0ao1 sum NPN-TULI. ICON 11ANNI911UµC A81~A 717.766.1690 March 4,1999 Flonorable edward Fs, Guido One Courthouse Square Carlisle, PA 17013 Re; Mikula Dear Judge Guido; Back in September, Children's Sen+ices presented a Petition to you to terminate their involvement in the above referenced matter. By a hand written note, a copy of which is enclosed, you indicated you would not terminate their im+olvemcnt until there was a custody order entered. Attached is a proposed Custody Order in accordance with a Conciliation that we held. Also attached is the Jtn+enilc Order terminating Chiharen Services involvement. 1 took the liberty of also preparing for you the Juvenile Order to avoid the requirement that any other party would need to again petition the court nn that. 1 will he happy to speak with you if you have any questions on this matter. Sincerely yolars, ~~~ Hubert X. Gllroy dch finclosure ac; `fhomas Williams, hsquire Ruby Weeks, esquire ,laequeline Verney,lisquire I,in~lsay Haird, esquire t IN THE COURT OF COMMON pLEA3 OF 1CUMBERLAND COUNTY, PENNSYLVANIA ` ~ ~) '` N0. ISS JUVENILE 1991 ~' IN THE MA7TER DFep nde~JF.I. a~iiloULA DOB; 4124 ~ 1 ,7~ day o epte ,1916 it is ordered and directed tbat bastd on '~ AND NOW, this the rocommendaNon of Cumberland C ty ildren and Youth Services that Michaol Mikula ' ' ted and tha pro-ectivo services case with Jr.'s dependency with Cumber d Cowdy be to h Cwnbedand County C ~ n:n & Youth Services clo By the Co , Edward E. Guido,J. cc; Ruby D. Wceks, Esquire \ Solicitor for CCCBcYS ,,~ Thomas Williams, Esquire Attorney for Karen Devine Jacqueline Verney, Esquire Attorney for Michael Mikula Sr. Lindsay Dare Baird, Esquire Attorney for Michael Mikula. Jr. Probation CCCBcYS ~~ ^ K ~~ ~~ J~''r .:.~ l` AS OF d9-~~- ~.oo~ CASE# 199$' - ~ ~3 a, ~~sfa~.y HAS BEEN SCANNED. ALL EARLIER FILINGS TO THIS CASE HAVE BEEN MICROFILMED. i KAREN L. DEVINE, Respondent : IN THE COURT OF COMMON PLEAS Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 98-2532 CIVIL TERM MICHAEL B. MIKULA, Petitioner :CIVIL ACTION -CUSTODY Defendant CUSTODY STIPULATION/ORDER AND NOW, this day of _ 2006, the following is stipulated as agreed between the parties and is ORDERED and all prior Custody Orders are vacated: 1. Legal Custody 1. Michael Joseph Mikula, born April 24, 1990, the natural born child of Michael B. Mikula and Karen L. Devine formerly Karen L. Gingrich. 2. The Father, Michael B. Mikula and the Mother, Karen L. Devine, shall enjoy shared legal custody of Michael Joseph Mikula, born April 24, 1990. All decisions effecting the child's education both secondary and religion; scholastic athletic pursuits and other extra activities should be considered major decisions and shall be made by the parents jointly, after discussion and consultation with each other and with a view towards obtaining and foilowir~g a harmoniGUS policy in the child's best inter~:st. 3. Each party agrees to keep the other informed of the progress of the Child's education and social adjustments. Each party agrees not to impair the other parties right to shared legal or physical custody of the child. Each party agrees to give support to the other in the role as parent and to take into account the consensus of the other for the physical and emotional well being of the child. 4. While in the presence of the child, neither parent shall make or permit any other person to make, any remarks or do anything that could be construed in anyway as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom the children should respect and love. 5. It shall be the obligation of each parent to make the child available to the other in accordance with the physical custody schedule and to encourage them to participate in the plan hereby agreed and ordered. 6. Each parent shall have the duty to notify the other of any event or activity that could be reasonably expected to be a significant concern to the other parent. 7. The parents shall communicate directly with one another concerning any parenting issue requiring consultation and agreement and regarding any proposed modifications to the physical custody schedule, which may from time to time become necessary, and shall specifically not use the children as messengers. Furthermore neither parent shall discuss with the child any proposed changes to the physical custody schedule, or any other issue requiring consultation and agreement, prior to discussing the matter and reaching an agreement with the other parent. 8. With regard to any emergency decisions which must be made, ~ the parent with whom the child is physically residing at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, that parent shah inform the other and consult with him/her as soon as possible. Day-to-Day decisions of a routine nature shall be the responsibility of the parent having physical custody at the time. 9. Each parent shall be entitled to complete and full information from doctor, dentist, teacher or authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to medical reports, school report cards, birth certificates, etc... Both parents may and are encouraged to attend school conferences and activities. 10. Neither parent shall schedule activities or appointments for the child which would require their attendance or participation at said activity or appointment during a time when they are scheduled to be in physical custody of the other parent without that parent's expressed prior approval. 11. Neither parent shall use any illegal substance or tobacco product while the child is in the custody of that parent. ly ~ ' ~ II. Physical Custody Father shall have Primary Physical Custody and Mother shall have Partial Physical Custody of Michael Joseph Mikula born on April 24, 1990. Unless the parties agree otherwise the following custody schedule shall apply: 1. Liberal visitation designed to be alternating and rotating shall apply to the following holidays: Columbus Day, Veteran's Day, Thanksgiving Day, Christmas Eve and Day, New Year's Eve and Day, Martin Luther King Day, President's Day, Easter, Memorial Day, July 4, and Labor Day. 2. Each parent is to receive a total of two weeks uninterrupted vacation with the child, in accordance with the following requirements: a. Thirty days notice must be provided to the other parent, b. An itinerary with destination must be provided to the other parent, c. A list of all other people accompanying the child on the vacation must be provided to the other parent, d. Emergency contact and phone numbers must be provided to the other parent, 3. There shall be reasonable telephone privileges between the child and both parents. The child shall be permitted free access to place calls to his parents at any time he desires. 4. The party receiving custody shall provide transportation from the ~ custodial parent's residence unless otherwise agreed upon by the parties. 5. The exchange of custody shall occur at the custodial parent's residence, unless other arrangements are made and agreed to by both parties for an alternate place for the exchange of custody. 6. This Custody StipulationlOrder shall control, unless the parties agree otherwise. In the event either party wishes to modify this Stipulation/Order, they may petition to have the case scheduled with the Court. This Custody Stipulation/Order shall be entered as an Order of Court. . a0, Gov b Date Karen L. evine - S~ ~ -- BOO ~e~ ~ ~. ---7 Date Michael B. Mikula BY THE COURT, Date J. C"J ~ ~ Cw ~ r~t rn ~,t.~ rn ~ f`-, ~ `.... ~ te P "' ~' `- ~ -r. +-; '17 '-~ Ti C .y ,. ~ ~ ~ "~ C:'7 KAREN L. DEVINE, Respondent : IN THE COURT OF COMMON PLEAS Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 98-2532 CIVIL TERM MICHAEL B. MIKULA, Petitioner :CIVIL ACTION -CUSTODY Defendant CUSTODY STIPULATION/ORD, E~R,~ AND NOW, this ~~~ day of ~~'~"'"" 2006, the following is stipulated as agreed between the parties and is ORDERED and al{ prior Custody Orders are vacated: 1. Legal Custody 1. Michael Joseph Mikula, born April 24, 1990, the natural born child of Michael B. Mikula and Karen L. Devine formerly Karen L. Gingrich. 2. The Father, Michael 6. Mikula and the Mother, Karen L. Devine, shall enjoy shared legal custody of Michael Joseph Mikula, born April 24, 1990. All decisions effecting the child's education both secondary and religion; scholastic athletic pursuits and other extra activities should be considered major decisions and shall be made by the parents jointly, after discussion and consultation with each other and with a view towards obtaining and following a harmonicas policy in the child's best inter~:st. 3. Each party agrees to keep the other informed of the progress of the Child's education and social adjustments. Each party agrees not to impair the other parties right to shared legal or physical custody of the chid. Each party agrees to give support to the other in the role as parent and to take into account the consensus of the other for the physical and emotional well being of the child. 4. While in the presence of the child, neither parent shall make or permit any other person to make, any remarks or do anything that could be construed in anyway as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom the children should respect and love. -- ~ ... 5. It shall be the obligation of each parent to make the child available to the other in accordance with the physical custody schedule and to encourage them to participate in the plan hereby agreed and ordered. 6. Each parent shall have the duty to notify the other of any event or activity that could be reasonably expected to be a significant concern to the other parent. 7. The parents shall communicate directly with one another concerning any parenting issue requiring consultation and agreement and regarding any proposed modifications to the physical custody schedule, which may from time to time become necessary, and shall specifically not use the I, children as messengers. Furthermore neither parent shall discuss with the child any proposed changes to the physical custody schedule, or any other issue requiring consultation and agreement, prior to discussing the matter and reaching an agreement with the other parent. 8. With regard to any emergency decisions which must be made, the parent with whom the child is physically residing at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, that parent shall inform the other and consult with him/her as soon as possible. Day-to-Day decisions of a routine nature shall be the responsibility of the parent having physical custody at the time. 9. Each parent shall be entitled to complete and full information from doctor, dentist, teacher or authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to medical reports, school report cards, birth certificates, etc... Both parents may and are encouraged to attend school conferences and activities. 10. Neither parent shall schedule activities or appointments for the child which would require their attendance or participation at said activity or appointment during a time when they are scheduled to be in physical custody of the other parent without that parent's expressed prior approval. 11. Neither parent shall use any illegal substance or tobacco product while the child is in the custody of that parent. II. Physical Custody Father shall have Primary Physical Custody and Mother sha{I have Partial Physical Custody of Michael Joseph Mikula born on April 24, 1990. Unless the parties agree otherwise the following custody schedule shall apply: 1. Liberal visitation designed to be alternating and rotating shall apply to the following holidays: Columbus Day, Veteran's Day, Thanksgiving Day, Christmas Eve and Day, New Year's Eve and Day, Martin Luther King Day, President's Day, Easter, Memorial Day, July 4, and Labor Day. 2. Each parent is to receive a total of two weeks uninterrupted vacation with the child, in accordance with the following requirements: a. Thirty days notice must be provided to the other parent, b. An itinerary with destination must be provided to the other parent, c. A list of all other people accompanying the child on the vacation must be provided to the other parent, d. Emergency contact and phone numbers must be provided to the other parent, 3. There shall be reasonable telephone privileges between the child and both parents. The child shall be permitted free access to place calls to his parents at any time he desires. 4. The party receiving custody shall provide transportation from the custodial parent's residence unless otherwise agreed upon by the parties. 5. The exchange of custody shall occur at the custodial parent's residence, unless other arrangements are made and agreed to by both parties for an alternate place for the exchange of custody. •- ~II 6. This Custody Stipulation/Order shall control, unless the parties agree otherwise. In the event either party wishes to modify this Stipulation/Order, they may petition to have the case scheduled with the Court. This Custody Stipulation/Order shall be entered as an Order of Court. . ao, a.oa b Date /~ - ~~ii - X40 Date f~Caren L. evine ~~ ~ Michael B. Mikula RT, ~/,~/ Date J. rLLRO m G4 ~ K_~ yr C;. ~ • cn ~ 'Tt °~; ; } ; r s -~ ~'r~ rn E,! ' ~ ~ r c~. ~ :,-~ "LT 7 i v ~ 4 ~ Pt ~ ;._ '~'~ ~ - ~ .{ ~ ~ ~~ ~~ ~~ ~~S ~~~~ ~~~ KAREN L. DEVINE, formerly KAREN L. GINGRICH, Plaintiff/Petitioner v. MICHAEL B. MIKULA, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.98-2532 CIVIL ACTION LAW IN CUSTODY PLAINTIFF'S EMERGENCY PETITION FOR CUSTODY AND NOW, comes the Plaintiff, Karen L. Devine, formerly Karen L. Gingrich, by and through her attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and files this Petition as follows: 1. Mother/Petitioner is Karen L. Devine, who resides at 555 Sawmill Road, Mechanicsburg, Cumberland County, Pennsylvania, with her husband, Keith Devine, and minor daughter, Morgan Michelle Mikula. 2. Father/Respondent is Michael B. Mikula, and he has resided at the Dauphin County Prison since Apri125, 2007. Previous to that, he resided with his girlfriend, Lorraine Beinhauer, at her townhouse in Susquehanna Township, Dauphin County, Pennsylvania. 3. The parties are the natural parents of Michael Joseph Mikula, born Apri124, 1990, as well as three other children (two being adults and living independently); however, the subject of this Petition is Michael Joseph (Mikey) Mikula. 4. The parties are the parents of four children in total. In 1998, all four children were removed from any custody or contact with Respondent/Father bythe Cumberland County Children & Youth Services due to serious drug addiction and other criminal behavior on the part of Father/Respondent, Michael B. Mikula. 5. On March 10, 1999, Cumberland County Court awarded full custody of all four children to their mother, Mother/Petitioner, Karen L. Devine, with supervised visitation with Father/Respondent, Michael B. Mikula, as the parties may agree. A copy of said Order is attached hereto and marked as Exhibit "A." 6. For the approximately eight years prior to Fall of 2006, Father/Respondent had no contact whatsoever with the children; he did not exercise his visitation. 7. Last year, 2006, Mikey, then age 16, expressed a desire to get to know Father/Respondent, who, Mother/Petitioner was led to believe had cleaned up considerably since the original CYS proceeding and custody order were entered back in 1998-1999. 8. In September of 2006, Father/Respondent's new attorney, Galen R. Waltz, Esquire, presented Mother/Petitioner with a Custody Stipulation in accordance with the then desires ofMikey to try living with his father. Mother/Petitioneragreed to try this and signed the Stipulation. A copy of said Custody Stipulation/Order is attached hereto and marked as Exhibit "B." This is the only copy Mother/Petitioner has as she signed it by date of September 20, 2006. As of the date of this emergency filing, it has not yet been determined that an Order was actually issued pursuant to said Stipulation. 9. On or about April 19, 2007, Mikey fled from Father/Respondent's house in Susquehanna Township and explained to his adult siblings that his father and father's girlfriend were heavily using cocaine and, worse, were using Mikey, then age 16 to drive to Harrisburg to certain identified drug dealers to purchase drugs for Father/Respondent and Father/Respondent's girlfriend. These excursions terrified Mikey. He received threats of death and personal injury to himself and to Father/Respondent. 10. In addition to purchasing drugs for Father/Respondent, Mikey was also allowed to purchase marijuana for himself, which he was allowed to smoke with his teenage friends at Father/Respondent's home. 11. The above information was provided to the Susquehanna Township Police Department, who arrested Father/Respondent on April 25, 2007, as a result of which he was committed to the Dauphin County Prison in lieu of $250,000.00 bail on charges of (1) corruption of minors and (2) possession of drug paraphernalia. 12. At the time of his arrest on Apri125, 2007, Father/Respondent was unemployed. 13. In addition to the above, Mother/Petitioner was advised that a detainer from Cumberland County Probation and Parole has been lodged against FatherlRespondent. Mother/Petitionertyas advised that Father/Respondent was on parole or probation from Cumberland County on unknown charges but subject to periodic drug testing, and it was a result of the failure of one or more drug tests that result in the detainer. 14. The Cumberland County Clerk or Courts Docket CR-0000425-04 reflects that on September 28, 2005, Father/Respondent was sentenced as follows: a. Theft by deception: 1-2 years less one day; and b. Forgery: 5 years probation consecutive to above. 15. Father/Respondent was paroled July 26, 2006. 16. A detainer was filed Apri125, 2007. 17. A Petition to Revoke Parole was filed May 1, 2007. 18. Mikey, who fears for his safety is currently living with relatives at an undisclosed location. 19. The Honorable Edward E. Guido has previously issued Orders in this matter, and has had extensive involvement with this family in the pasty, including several days of hearings. 20. The attorney of record for Father/Respondent, Galen R. Waltz, Esquire, was contacted by the undersigned and stated he was unsure of his continued reprsentation and so was unable to concur in the relief sought. WHEREFORE, Mother/Petitioner prays Your Honorable Court to issue an Emergency Custody Order essentially returning to the original Custody Order of March 10, 1999, Exhibit "A," hereto, giving Mother/Petitioner full legal and physical custody of said Michael Joseph Mikula, born Apri124, 1990. MARTSON LAW OFFICES Thomas J. iams, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Mother/Petitioner Date: May 14, 2007 '~'Hrc _ 5 1999 ~~ v KAREN L. DEV1T~'E, formerly IN THE COURT OF COlvL~10N PLEAS OF KAREN L. GitiGRICH, CUMBERLAND COUNTY, PE'.VN'SYLVA.tiIA Plaintiff v CIVTL ACTION -LAW MICHAEL B. MTKL'LA, N0.98 - 2532 CIVIL Defendant IN CliSTODY COURT ORDER AI~1D NOW, this .) Cam' day of March, 1999, upon corLSideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Karen L. Devine, shall enjoy legal and physical custody of Lauren Lynn Mikula and Brooke Annette Mikula, twins born on June 25, 1981; Morgan Michele Mikula, bom April 19, 1998; and vlichael Joseph Mikula, born April 24, 1990. 2. The Father, Michael B. Mikula, shall enjoy periods of visitation with the minor children that will be supervised and as agreed upon by the Mother, 3. This Order is entered in accordance with the attached Custody Conciliation Report. It is noted that the Father did not appear at the Conciliation Conference. In the event that the Father desires to modify this order in any way, Father may petition the Court to have the case again scheduled before the Custody Conciliator for a conference. ~ B Y THE COURT, /S/ ~~, GP . J. ce: Thomas Williams, Esquire Michael B. Mikula TRUE COPY FROM RECORD to T_s' mory r:h.~eor, I he-e a^t;, set my hand and the seal of said Court at Cari~ste, Pa. This ..,/..~.~'... day of..... _...._.._ ._~ ... ..~..... ~ .cam,.. ~., 19.5.x,. M`~~ , Prtithonot ...~...,..,,., ~~ ary EXHIBIT "A" KAREN L. DEVME, Respondent : IN THE COURT OF COMiVION PLEAS Plaintiff, : CUtiIBERL.AND COL~ITY, PENNSYLVANIA V. v1ICHAEL B. MIKULA, Petitioner Defendant NO. 98-2532 CIVIL TERM CIVIL ACTION -CUSTODY CUSTODY STIPULATION/ORDER AND NOW, this day of 2006, the following is stipulated as agreed between the parties and is ORDERED and all prior Custody Orders are vacated: 'I I. Legal Custod ;I ~ 1. Michael Joseph Mikula, born April 24, 1990, the natural b ~~ orn child of Michael B. Mikula and Karen L. Devine formerly Karen L. Gingrich. i 2. The Father, Michael B. Mikula and the Mother, Karen L. Devine, ' i 'shall enjoy shared legal custody of Michael Joseph Mikula, born A ril 24 p ~ j 1990. All decisions effecting the child's education both seconda and ry religion; scholastic athletic pursuits and other extra activities should be considered major decisions and shall be made by the parents ~ointl '~ J y, after i discussion and consultation with each other and with a view towards '' obtaining and fo{lowir~g a harmonicas policy in the child's best inter`st. 3. Each party agrees to keep the other informed of the progress of the / ..- Child's education and social adjustments. Each party agrees not to impair the ~~~ /~ --r~~/ other parties right to shared legal or physical custody of the child. Each a T p rty r ~ ` _~~., ~~ agrees to ive su ~ ' '' 9 pport to the other in the role as parent and to take into ~ ., r account the consensus of the other for the physical and emotional well being of the child. 4. While in the presence of the child, neither parent shall make or permit any other person to make, any remarks or do anything that could be construed in anyway as derogatory or uncomplimentary to the other parent. It ~~ shall be the express duty of each parent to uphold the other parent as one whom the children should respect and love. ExxzBZZ "s" 5. It shall be the obligation of each parent to make the child available to the other in accordance with the physical custody schedule and to encourage them to participate in the plan hereby agreed and ordered. 6. Each parent shall have the duty to notify the other of any event or activity that could be reasonably expected to be a significant concern to the other parent. 5 ~ ~-~ ~ '~`%/-" : ~ ~=- 7. The parents shall communicate directly with one another concerning any parenting issue requiring consultation and agreement and regarding any proposed modifications to the physical custody schedule, which may from time to time become necessary, and shall specifically not use the children as messengers. Furthermore neither parent shall discuss with the child any proposed changes to the physical custody schedule, or an oth '~ ~ y er !' issue requiring consultation and agreement, prior to discussing the matter and reaching an agreement with the other parent. 8. With regard to any emergency decisions which must b e made, the parent with whom the child is physically residin at the ti 9 me shall be j permitted to make the decision necessitated by the emergency without ii consulting the other parent in advance. However, that parent shall inform the other and consult with him/her as soon as possible. Day-to-Day decisions of a i routine nature shall be the responsibility of the parent having physical custody at the time. ~ 9. Each parent shall be entitled to complete and full information from doctor, dentist, teacher or authority and have copies of any reports given to them as a parent. Such documents include ,but are not limited to medical reports, school report cards, birth certificates, etc... Both parents may and are encouraged to attend school conferences and activities. 10. Neither parent shall schedule activities or appointments for the child which would require their attendance or participation at said activity or !appointment during a time when they are scheduled to be in physical custody of the other parent without that parent's expressed prior approval. :~ ~, 1~ Neither parent shall use any illegal substance or tobacco ;product while the child is in the custody of that parent. II. Physical Custody Father shall have Primary Physical Custody and Mother shall have Partial Physical Custody of Michael Joseph Mikula born on April 24, 1990. Unless the parties agree otherwise the following custody schedule shall apply: 1. Liberal visitation designed to be alternating and rotating shall apply to the following holidays: Columbus Day, Veteran's Day, Thanksgiving Day, Christmas Eve and Day, New Year's Eve and Da Ma y, rtm Luther King Day, i. President's Day, Easter, Memorial Day, July 4, and Labor Da . ~I y i~ '; 2. Each parent is to receive a total of two weeks uninterrupted vacation ~~ with the child, in accordance with the following requirements: 'I a. Thirty days notice must be provided to the other parent, i~ ji b• An itinerary with destination must be provided to the ~,, other parent, !~ c• A list of all other people accompanying the child on the it vacation must be provided to the other parent, d• Emergency contact and phone numbers must be provided to the other parent, I 3. There sha II be reasonable telephone privileges between the child '~ and both parents.- The child shall be permitted free access to place calls to his 'parents at any time he desires. 4. The party receiving custody shall provide transportation from the custodial parent's residence unless otherwise agreed upon by the parties. 5. The exchange of custody shall occur at the custodial parent's residence, unless other arrangements are made and agreed to by both ;parties for an alternate place for the exchange of custody. 03/15/99 16:09 F.~S 717~2d3-1850 )ID~~'0 X02 ~~AR _ 5 1999 ~~-. v KAREN L. DEVTtiE, formerly KAREN L. GTtiGR1CH, Plaintiff v MICHAEL B. MTKL'LA, Defendant IIv THE COURT OF COMMON PLEAS OF CUMBERLA:'VD COLiNTY, PEN:~'SYLVA.tiIA CIVIL ACTION' -LAW NO.98 - 2532 CIVIL : IN CliSTODY COURT ORDER AIVD NOW, this .l C~ day of March, 1999, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The Mother, Karen L. Devine, shall enjoy legal and physical custody of Lauren Lynn Mikula and Brooke Annette Mikula, twins born on June 25, 1981; Morgan Michele Mikula, bom April 19, 1998; and viichael Joseph .Mikula, bom April 24, T 990. 2. The Father, Michael B. Mikula, shall enjoy periods of visitation with the minor children that will be supervised and as agreed upon by the Mother, 3. This Order is entered in accordance with the attached Custody Conciliation Report. It is noted that the Father did not appear at the Conciliation Conference. In the event that the Father desires to modify this order in any way, Father may petition the Court to have the case again scheduled before the Custody Conciliator for a conference. ~ BY THE COURT, cc: Thomas Williams, Esquire Michael B. Mikula TRUE COpY FROM RECORD In Tnst mony ~,:h:reof, 1 .he-e u^~~ set my hand and tha seal of said Court at Carlisle, Pa, This .../..~..~-... day of... Y~.c~n... ~., 19.~t..~,. _......._.,.~~~~.. ,~.......a .~-e~,,ec.~........ _,..., ~~ , Prothonotary MAR-15-1959 16 11 717+243+1.550 KAREN L. DEVNE, Respondent : IN THE COURT OF COMMON PLE.-~S Plaintiff, :CUMBERLAND COLNTY, PENNSYLVANIA `'~ : NO. 98-2532 CIVIL TER~1 MICHAEL B. MIKULA, Petitioner :CIVIL ACTION -CUSTODY Defendant . CUSTODY STIPULATION/ORDER AND NOW, this day of - 2006, the following is stipulated as agreed between the parties and is ORDERED and all prior Custody Orders are vacated: ;, ~~ I. Legal Custody i i ;; 1. Michael Joseph Mikula, born Aprif 24, 1990, the natural born child ~ ~~ of Michael B. Mikula and Karen L. Devine formerly Karen L. Gin i' gnch. 2. The Father, Michael B. Mikula and the Mother, Karen L. Devine, shall enjoy shared legal custody of Michael Joseph Mikula, born A ril 24 p 1990. All decisions effecting the child's education both secondary and ~' religion; scholastic athletic pursuits and other extra activities should be '! considered major decisions and shall be made by the arents ~' p jointly, after discussion and consultation with each other and with a view towards cbtaining and fallowing a harmanicus polic in the Y child's best interest. 3. Each party agrees to keep the other informed of the progress of the ~ ,~/ Child's education and social ad~ustments. Each a ~~~ I p rty agrees not to impair the ' .Y , ,~ ~~ '~ other parties right to shared legal or physical custody of the child. Each part u, ~ , Y .rA~• .. , agrees to give su ' '~~~~ pport to the other in the role as parent and to take into account the consensus of the other for the physical and emotional well being of the child. 4. While in the presence of the child, neither parent shall make or permit any other person to make, any remarks or do anything that could be construed in anyway as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom the children should respect and love. 5. It shall be the obligation of each parent to make the child available to the other in accordance with the physical custody schedule and to encourage them to participate in the plan hereby agreed and ordered. 6. Each parent shall have the duty to notify the other of any event or activity that could be reasonably expected to be a significant concern to the other parent. 5 ~ ~ ~ '~` ~ r 7~ The parents shall communicate directly with one another concerning any parenting issue requiring consultation and agreement and regarding any proposed modifications to the physical custody schedule, which may from time to time become necessary, and shall specifically not use th children as messengers. Furthermore neither parent shall discuss with the ~i child any proposed changes to the ph sical cus Y tody schedule, or any other ~~ issue requiring consultation and agreement, prior to discussing the matter and reaching an agreement with the other parent. I~ 8. With regard to any emergency decisions which must b ~~ the parent with whom the child is physical) residin a made, Y gat the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, that parent shall inf '~ other and consult with him/her as soon as possible. Day-to-Day decisions of e a Ij routine nature shall be the responsibility of the parent havin h sica 9 P Y I custody at the time. I~ 9• Each parent shall be entitled to complete and full information ' from doctor, dentist, teacher or authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to medical reports, school report cards, birth certificates, etc... Both parents may and are ..'encouraged to attend school conferences and activities. 1 ~. Neither parent sha(I schedule activities or appointments for the child which would require their attendance or participation at said activity or '~ appointment during a time when they are scheduled to be in physical custod ' of the other parent without that parent's ex ressed rior a Y .~ P P pproval. '~ ~ ~ • ! Neither parent shall use any illegal substance or tobacco ~~ product while the child is in the custody of that parent. II. Physical Custody Father shall have Primary Physical Custody and Mother shall have Partial Physical Custody of Michael Joseph Mikula born on April 24, 1990. Unless the parties agree otherwise the following custody schedule shall apply: 1. Liberal visitation designed to be alternating and rotating shall a '; to the foNowing holidays: Columbus Day, Veteran's Day, Thanksgivin Daly Christmas Eve and Day, New Year's Eve an g y d Day, Martin Luther King Day, President's Day, Easter, Memorial Day, July 4, and Labor Day. it '~ 2. Each parent is to receive a total of two weeks uninterrupted vacation ~~ with the child, in accordance with the following requirements: '~ a• Thirty days notice must be provided to the other parent, ~~ b• An itinera with destination must be ~ ry provided to the ;I other parent, ~i ,I c• A list of all other people accompanying the child on the '; vacation must be provided to the other parent, i'I d. i Emergency contact and phone numbers must be provided to the other parent, ~~ 3. There shall be reasonable ~' telephone privileges between the child :and both parents. The child shall be permitted free access to place calls to his parents at any time he desires. 4. The party receiving custody shall provide transportation from the custodial parent's residence unless otherwise agreed upon by the parties. 5. The exchange of custody shall occur at the custodial parent's residence, unless other arrangements are made and agreed to by both .'parties for an alternate place for the exchange of custody. 6. This Custody Stipulation/Order shall control, unless the parties agree otherwise. In the event either party wishes to modify this Stipulation/Order, they may petition to have the case scheduled with the Court. This Custody Stipulation/Order shall be entered as an Order of Court. '; ~,/~. 020 ~ ~ O d (, Date ,I ~I ~i Date Karen L. evine ~ ` -~ y,~~/ Michael B. Mikula BY THE COURT, i! ~~ Date ~I J. VERIFICATION The foregoing Modification of Custody is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Kare Devi CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Law Office hereby certify that a copy of the foregoing Plaintiff's Petition for Emergency Custody served this date by facsimile transmission and depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Galen Waltz, Esquire 28 South Pitt Street Carlisle, PA 17013 (via facsimile 245-2165) MARTSON LAW OFFICES Tri a D. Eckenroad n East High Street Carlisle, PA 17013 (717) 243-3341 Dated: May 14, 2007 ~~ yt ~ r - o -='~ --~ ~ _ ~ o ~ _ ~~ !- ~ o O ?t U -~~ t ~ ' ~ , ~ _ , ~ D _. ~..~ = r~ - °. ~ ~ ` ~ -~ F:\FILES\DATAFILE\General\Current\9391\9391.1.petition/tde Creazed: 04/29/98 10:51:54 AM ~' Revised: 05/14/07 02:08:58 PM 9391.1 ~~ ~ ~ ~oO Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 17512 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff KAREN L. DEVINE, formerly IN THE COURT OF COMMON PLEAS OF KAREN L. GINGRICH, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Petitioner v. NO. 98-2532 CIVIL ACTION -LAW MICHAEL B. MIKULA, Defendant/Respondent IN C~JSTODY ORDER OF COURT AND NOW,this / ~/~ day of May, 2007, upon consideration of the foregoing Emergency Petition for Custody, it is hereby Ordered and Directed as follows: 1. Mother, Karen L. Devine, shall enjoy legal and physical custody of Michael Joseph Mikula, born Apri124, 1990; 2. The Court Administrator will schedule a Conciliation Conference with regard to the custody of Michael Joseph Mikula, born April 24, 1990; and 3. In all other respects, the Order of March 10, 1999, shall remain in effect. COURT, Edward E. Guido, J. cc: Thomas J. Williams, Esquire -Attorney for P] ~ialen R. Waltz, Esquire -Attorney for Defenc ./~0.'P.'~ 5 0~ LQ.I,J ~ ~~ C Q s J ,,i`, ~ ~ u`c~