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HomeMy WebLinkAbout01-5796 ~'-~OMAS E. PALLIS, PLAINTIFF, V. RACHEL S. PALL/S, DEFENDANT. : IN THE COURT OF COMMON PLEAS OF ~ CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION. LAW : NO: ~[~,.¢'7q(~ CIVIL : IN CUSTODy PETITION FOR CUSTODY AND NOW, comes the Plaintiff, Thomas E. Pallis, by and through his attorneys, Irwin, McKnight and Hughes, Esquires and fi/es this Petition for Custody, making the following statement: I. The Plaintiff in this action is Thomas E. Pailis, an adult individual residing at 46 Brian Drive, Carlisle, Pennsylvania 17013. 2. The Defendant in this action is Rachel S. Pallis, an adult individual residing at 46 Brian Drive, Car/is/e, Pennsylvania 17013. 3. The part/es were married on August 26, 1993, and two children were born of this marriage: Rowan Geraldine Pa/lis, born February 7, 1996, and Jack Thomas Pailis, born May 2, ! 999. 1999. The part/es have resided in Cumber/and County, Pennsylvania since December, 5. The Defendant conveyed to the Plaintiff that their marriage is over, and has asked the Plaintiffto leave the marital residence. 6. The Defendant has a long history of mental illness, and is unable to provide a stable home for the minor children. 7. The Plaintiff avers and therefore believes that the best interest of the children would be served if he is granted pr/mary physical custody with per/ods of partial physical custody to the Defendant. WItEREFORE, the Plaintiff, Thomas E. Pallis, respectfully requests that this Honorable Court grant primary physical custody of the parties' minor children to Plaintiff, with periods of partial physical custody to the Defendant. Date: October ~__~, 2001 Respectfully submitted, IRWIN, MeKNIGHT & HUGHES By: ~ 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Petitioner, Thomas E. Pallis VERIFICATION The foregoing Complaint ha Custody is based upon information which has been gathered by my counsel and me in the preparation of this action. I have read the statements made in this Complaint and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: ~ 2001 © 5:;! THOMAS E. PALLIS, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF, : CUMBERLAND COUNTY, PENNSYLVANIA .. v. : CIVIL ACTION - LAW : NO: CM-S'?q~ CIVIL RACHEL S. PALLIS, : DEFENDANT. : IN CUSTODY PETITION FOR SPECIAL RELIEF AND NOW, this ~ day of October, 2001, comes the Plaintiff, Thomas E. Pallis, by and through his attorneys, IRWIN, McKNIGHT & HUGHES, Esquires, and files this Petition for Special Relief making the following statement: 1. The Plaintiff in this action is Thomas E. Pallis, an adult individual residing at 46 Brian Drive, Carlisle, Pennsylvania 17013. 2. The Defendant in this action is Rachel S. Pallis, an adult individual residing at 46 Brian Drive, Carlisle, Pennsylvania 17013. 3. The parties were married on August 26, 1993, and two children were born of this marriage: Rowan Geraldine Pallis, born February 7, 1996, and Jack Thomas Pallis, born May 2, 1999. 1999. 4. The parties have resided in Cumberland County, Pennsylvania since December, 5. The Defendant conveyed to the Plaintiff that their marriage is over, and has asked the Plaintiffto leave the marital residence. 6. On or about September 28, 2001, the Defendant left Pennsylvania with the minor children for a weekend without advising the Plaintiff of the same. 7. The Defendant has a strong history of mental illness, and has received prolonged treatment, although not steady treatment, due to suicidal attempts and thoughts. 8. In October, 1998, the Defendant conveyed to the Plaintiff that she was having suicidal thoughts while driving in her vehicle with her minor daughter, Rowan, began driving toward a tractor-trailer, but changed her mind before she collided with the track. 9. The Plaintiffis concerned about the welfare and safety of the minor children if the Defendant were allowed to take the minor children out of the Commonwealth of Pennsylvania. 10. Jurisdiction over the minor children is in the Commonwealth of Pennsylvania, specifically in Cumberland County, Pennsylvania, since the minor children have resided here since the end of 1999. 11. The Plaintiff has petitioned this Honorable Court for custody, and said petition is being processed through the conciliator. WItEREFORE, the Plaintiff, Thomas E. Pailis, respectfully requests that this Court enter and order prohibiting either party from removing the minor children out of the Commonwealth of Pennsylvania until a custody order is established for regular custody of the minor children. Dated: /~-~/ ,2001 Respectfully submitted, IR~¥I~ McKNIGHT & HUGHES Rebecca R. Hughes, Esqdi~e d 60 West Pomfret Street Carlisle, Pennsylvania 17013 Supreme Court I.D. No: 67212 717-249-2353 Attorney for the Plaintiff, Thomas E. Pallis VERIFICATION The foregoing Complaint in Custody is based upon information which has been gathered by my counsel and me in the preparation of this action. I have read the statements made in this Complaint and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unswom falsification to authorities. THOMAS E. PALLIS, PLAINTIFF, RACHEL S. PALLIS, DEFENDANT. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO:Ol-..~'~q ~ CIVIL : : IN CUSTODY ORDER OF COURT AND NOW, this /2.' day of October, 2001, it is hereby ordered that neither party in this matter shall remove the minor children, Rowan Geraldine Pallis, bom February 7, 1996, and Jack Thomas Pallis, bom May 2, 1999, from the Commonwealth of Pennsylvania. This Order shall stay in affect until further order of this Court. By the Court, K~ Hess, Judge THOMAS E. PALLIS : PLAINTIFF V. RACHEL S. PALLIS DEFENDANT : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-5796 CIVIL ACTION LAW IN CUSTODY AND NOW, l~'iday, October 19, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, November 05, 2001 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FORT HE COURT, By: /s/ Tacaueline M. Vernev. Eso. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 THOMAS E. PALLIS, Plaintiff V. RACHEL S. PALLIS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2001-5796 CIVIL TERM : : IN CUSTODY ORDER OF COURT · AND NOW, this ~ day of '~q~/r~Jet~t.~ ,2001, upon consiaeration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court~R~om No. q/ , of the Cumberland County Court House, onthe~/~, dayof <~J~z~.~o ,200~at o'clock, /0(. M., at which time testimony will be taken. F4~urposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be 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. 2. The prior Order of Court dated October 12, 2001 is hereby vacated. 3. Father, Thomas E. Pallis and Mother, Rachel S. Pallis, shall share legal custody of the children, Rowan Geraldine Pallis, bom February 7, 1996 and Jack Thomas Pallis, bom May 2, 1999. Each parent shall have equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education, and religion. 4. The parties shall share physical custody of the children on a week on/week off basis from Monday to Monday. The exchange shall be at the children's day care facility unless otherwise agreed by the parties. Father's week shall begin November 5, 2001. 5. The non-custodial parent shall be entitled to additional physical custody of the children during their off week if the custodial parent is working or otherwise unavailable, provided the non-custodial parent gives the custodial parent notice of exercising said time. 6. The parties may remove the children from the Commonwealth provided they advise the non-custodial parent the location and telephone number where the children will be. 7. The Christmas holiday shall be shared such that Father will have the children on Christmas Eve Day until 9:00 p.m. Mother shall have physical custody thereafter pursuant to the regular weekly schedule. 8. Father shall arrange for a custody evaluation performed by Dr. Arnold Shienvold, Dr. Stanley Schneider or another evaluator agreeable to the parties. Both parties shall cooperate with the custody evaluation and submit themselves, the children and anyone else the evaluator deems necessary for required appointments. The Court will ultimately decide the parties' proportionate share of cost for the evaluation. 9. The non-custodial parent shall have reasonable telephone contact with the children while in the other parent's custody. 10. The parties shall keep each other advised immediately relative to any emergencies, medical or otherwise, concerning the children. During such illness or medical emergency, each party shall have the right to visit the children as often as he/she deems consistent with the proper medical care of the child. 11. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent or subsequent Order of Court, the terms of this Order shall control. BY THE COURT, K , J. cc: Rebecca R. Hughes, Esquire - Counsel for Thomas S. Diehl, Esquire - Counsel for Mother THOMAS E. PALLIS, Plaintiff V. RACHEL S. PALLIS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2001-5796 CIVIL TERM : : IN CUSTODY PRIOR JUDGE: Kevin A. Hess, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH .CURRENTLY IN CUSTODY OF Rowan Geraldine Pallis Jack Thomas Pallis February 7, 1996 Shared May 2, 1999 Shared 2. A Conciliation Conference was held on November 5, 2001 with the following individuals in attendance: The Father, Thomas E. Pallis, with his counsel, Rebecca R. Hughes, Esquire, and the Mother, Rachel S. Pallis, with her counsel, Thomas S. Diehl, Esquire. 3. A prior Order of Court was entered by the Honorable Kevin A. Hess, dated October 12, 2001, restricting the parents from removing the children from the Commonwealth. 4. Father's position on custody is as follows: Father is seeking primary physical custody. He asserts that Mother has a mental health history and requests a custody evaluation in which Mother would disclose the prior mental health history. Father is willing to front the cost of the evaluation and have the Court determine Mother's share of the cost. other s pos~t~on on custody ~s as follows: Mother seeks primary physical custody. She is willing to cooperate with the custody evaluation. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing, vacating the prior Order of Court dated October 12, 2001, granting shared legal and physical custody, and ordering that the parties cooperate with a custody evaluation, which Father agrees to pay for until otherwise determined by the Court. It is expected that the Hearing will require one day. Date ~[cqt~line M. Vemey, Esquire Custody Conciliator THOMAS E. PALLIS, PLAINTIFF, V. RACHEL S. PALLIS, DEFENDANT. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO: 2001-5796 CIVIL : : IN CUSTODY PETITION FOR SPECIAL RELIEF AND NOW, this ~ day of July, 2002, comes the Plaintiff, Thomas E. Pallis, by and through his attorneys, IRWIN, McKNIGHT & HUGHES, Esquires, and files this Petition for Special Relief making the following statement: 1. The Plaintiff in this action is Thomas E. Pallis, an adult individual residing at 46 Brian Drive, Carlisle, Pennsylvania 17013. 2. The Defendant in this action is Rachel S. Pallis, an adult individual residing in Boiling Springs, Pennsylvania. 3. The parties were married on August 26, 1993, and two children were born of this marriage: Rowan Geraldine Pallis, born February 7, 1996, and Jack Thomas Pallis, born May 2, 1999. 4. On or about November 7, 2001, this Honorable Court issued an Order for Custody following a conciliation, whereby the parties shared physical custody of the minor children on an alternating weekly basis. Attached as Exhibit "A" is a copy of said Order. o On or about May 31, 2002, the defendant, through her attorney, requested that the plaintiff switch the alternating weeks to allow her to take the minor children on vacation over the July 4, 2002 holiday week. Attached as Exhibit "B" is the letter requesting said switch. On or about June 5, 2002, in respond to this request, the plaintiff, through his attorney, rejected the offer as stated, and proposed a different schedule so as to accommodate the defendant's vacation plans. Attached as Exhibit "C" is a copy of said correspondence. A few days after receipt of the June 5, 2002 letter, the defendant, through her attorney, agreed verbally to said proposal, and based upon this verbal agreement, the plaintiff made plans for a vacation with the minor children. On or about June 27, 2002, the defendant, through her attorney, admitted to misunderstanding the counter-proposal contained in plaintiff's June 5, 2002 correspondence, and attempted to re-negotiate the switch to accommodate her vacation plans. Attached as Exhibit "D" is a copy of said correspondence. Between June 5, 2002 and June 27, 2002, the plaintiff was working under the assumption that the schedule would be modified according to his June 5, 2002 proposal, and took steps to plan a vacation with the minor children. 10. Unable to reach any compromise in further negotiating, the plaintiff operated under the June 5, 2002 schedule, and the defendant was to have the children the week beginning July 1, 2002 and ending July 8, 2002. 11. On or about July 7, 2002, the defendant informed the plaintiff that the children were not back in Pennsylvania, although she was, and that they would be staying with her mother in New Jersey. 12. The plaintiff has vacation plans for the week beginning July 22, 2002, and is in need of assurance that he will have the children that week. WHEREFORE, the plaintiff, Thomas E. Pallis, respectfully requests that this Honorable Court enter an Order requiring the children to be returned to the plaintiff this week, and that the alternating weekly schedule continue in this pattern. Dated: ,2002 Respectfully submitted, I~El~, McKNIGHT & HUGHES Rebecca R. Hughes, Esqui{e 60 West Pomfret Street Carlisle, Pennsylvania 17013 Supreme Court I.D. No: 67212 717-249-2353 Attorney for the Plaintiff, Thomas E. Pallis EXHIBIT "A" THOMAS E. PALLIS, Plaintiff Ve RACHEL S. PALLIS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 2001-$796 CIVIL TERM : : IN CUSTODY ORDER OF COURT consideration of the attached Custody Co' p , it is ordered and directed as follows: 1. A Hearing is sched, uled in Court Room N . t~ , of the Cumberland County Court House, on the ,~J'.15~¥ day of f..~.. I'l .1{~. ,200, at ~ o'clock, . M., at which time testimony wall be taker For purposes of this Hearing, the Father shall be deemed to be the moving party and~'shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be 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. 2. The prior Order of Court dated October 12, 2001 is hereby vacated. 3. Father, Thomas E. Pallis and Mother, Rachel S. Pallis, shall share legal custody of the children, Rowan Geraldine Pallis, bom Febmo_ry 7, 1996 and Jack Thomas Pallis, bom May 2, 1999. Each parent shall have equal fight, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education, and religion. 4. The parties shall share physical custody of the children on a week on/week offbasis from Monday to Monday. The exchange shall be at the children's day care facility unless otherwise agreed by the parties. Father's week shall begin November 5, 2001. 5. The non-custodial parent shall be entitled to additional physical custody of the children during their offweek if the custodial parent is working or otherwise unavailable, provided the non-custodial parent gives the custodial parent notice of exercising said time. 6. The parties may remove the children from the Commonwealth provided they advise the non-custodial parent the location and telephone number where the children will be. 7. The Christmas holiday shall be shared such that Father will have the children on Christmas Eve Day until 9:00 p.m. Mother shall have physical custody thereafter pursuant to the regular weekly schedule. 8. Father shall arrange for a custody evaluation perfonhed by Dr. Arnold Shienvold, Dr. Stanley Schneider or another evaluator agreeable to the parties. Both parties shall cooperate with the custody evaluation and submit themselves, the children and anyone else the evaluator deems necessary for required appointments. The Court will ultimately decide the parties' proportionate share of cost for the evaluation. 9. The non-custodial parent shall have reasonable telephone contact with the children while in the other parent's custody. 10. The parties shall keep each other advised immediately relative to any emergencies, medical or otherwise, concerning the children. During such illness or medical emergency, each party shall have the right to visit the children as often as he/she deems consistent with the proper medical care of the child. 11. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent or subsequent Order of Court, the terms of this Order shall control. BY THE;OURT, cc: Rebecca R. Hughes, Esquire - Counsel for Father Thomas S. Diehl, Esquire - Counsel for Mother TRUE COPY In ? "~,?'.y whereo~j THOMAS E. PALLIS, Plaintiff RACHEL S. PALLIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001-5796 CIVIL TERM IN CUSTODY PRIOR JUDGE: Kevin A. Hess, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CML PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent infot'mation concerning the Children who are the subject of this litigation is as follows: NAME .DATE OF BIRTH CURRENTLY IN CUSTODY OF, Rowan Geraldine Pallis Jack Thomas Pallis February 7, 1996 Shared May 2, 1999 Shared 2. A Conciliation Conference was held on November 5, 2001 with the following individuals in attendance: The Father, Thomas E. Pallis, with his counsel, Rebecca R. Hughes, Esquire, and the Mother, Rachel S. Pallis, with her counsel, Thomas S. Diehl, Esquire. 3. A prior Order of Court was entered by the Honorable Kevin A. Hess, dated October 12, 2001, restricting the parents from removing the children from the Commonwealth. 4. Father's position on custody is as follows: Father is seeking primary physical custody. He asserts that Mother has a mental health history and requests a custody evaluation in which Mother would disclose the prior mental health history. Father is willing to front the cost of the evaluation and have the Court determine Mother's share of the cost. 5. Mother's position on custody is as follows: Mother seeks primary physical custody. She is willing to cooperate with the custody evaluation. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing, vacating the prior Order of Court dated October 12, 2001, granting shared legal and physical custody, and ordering that the parties cooperate with a custody evaluation, which Father agrees to pay for until otherwise determined by the Court. It is expected that the Hearing will require one day. Date Custody Conciliator EXHIBIT "B" MI'SLITSKY AND DIEHL THOMAS S. DIEHL RICHARD P. MISLITSKY* KIMbERLY L. HOUGh LEGAL ASSISTANT REPLY to: CARLISLE ONE WESt High STREEt SUIte 208 P.O. BOX 1290 CARLISle, PeNNsYLVANIA ! 7013 (717) 240-0833 14 NORTH MaIN STREET SUITE 550 CHAMBERSbURg, PENNSYLVANIA 1720! (717) 261 -O208 (717) 240-0893 -- FACSIMILE FILE NO. 01237 May 31, 2002 VIA FACSIMILE (717) 249-6354 & FIRST-CLASS MAlL Rebecca Hughes, Esquire Irwin, McKnight & Hughes Carlisle, PA 17013 RE: Pallis v. Pallis Dear Rebecca: Rachel would like to request the following modifications to the parties' custody schedule. (1) Each year Rachel's family goes on a vacation during the week of the Fourth of July. This year, the vacation extends from Saturday, June 29 through Saturday, July 6. It is my understanding that both parties have participated in this family vacation since they have been married. This year, the majority of that vacation will fall during Thorn's regularly scheduled week. Rachel is requesting that the parties switch weeks to allow her and the children to attend the family vacation. Accordingly, she proposes that she would continue to exercise her week currently scheduled for Monday, June 24, 2002, but instead of retuming the children on Monday, July 3, 2002, she would keep them through Thorn's week until Monday, July 8, 2002. Thom would then keep the children during the week of Monday, July 8, 2002, which is currently scheduled as Rachel's week, and then keep the children for a second consecutive week in order to balance out the time shared with the children. (2) The second request concerns their daughter's graduation from Kindergarten, which takes place on Thursday, June 6, 2002. Rachel's family will be in town from New Jersey in order to attend the ceremony. As that date falls during Thom's week, she is requesting that she and her family be permitted to take the children to lunch and return them both to Thom at 5:00 p.m. on the same day. Please discuss the above proposal; with Thom and advise me of his response so that Rachel may plan accordingly. Very truly yours, TSD/klh cc: Rachel S. Pallis *CERTIFIED AS A CIVIL TRIAL ADVOCATE BY THE NATIONAL BOARD OF TRIAL ADVOCACY A PENNSYLVANIA SUPREme COURT ACCREDITED AGENCY EXHIBIT "C" ROGER B. IRWIN MARCUS ,4. McKNIGHT, III JAMES D. HUGHES REBECCA R. HUGHES DOUGLAS G. MILLER LAW OFFICES IRWIN McKNIGHT & HUGHES WEST POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET CARLISLE, PENNSYLVANIA 17013-3222 (717) 249-2353 FAX (717) 249-6354 E-MAIL: IMHLA W(~SUPERNET. COM HAROLD S. 1RW1N (1925-1977) HAROLDS. IRWIN.JR. (1954-1986) IRWIN.IRWIN&IRWIN (1956-1986) IRWIN. IRWIN& McKNIGHT (1986-1994) IRWIN. McKNIGHT & HUGHES (1994-) June 5,2002 THOMAS S DIEHL, ESQ ONE WEST HIGH ST PO BOX 1290 CARLISLE PA 17013 RE: PALLIS v. PALLIS Dear Tom: I am in receipt of your correspondence dated May 31, 2002. I have reviewed the two requests noted in your correspondence with my client, Thomas Pallis. With reference to your first request, my client is willing to switch weeks with your client, however, would only do so as follows: Thom would have the children one day before his scheduled week beginning June 16, which is Father's Day, but instead of retuming the children on June 24, he would keep them that week and Rachel would have the children beginning the week of July 1 through July 8. Thom would then have the children the week of July 8, and the alternating weeks would continue from there. However, Thom wants to be assured that he will have July 4 of 2003. If Rachel is willing to this arrangement, please let me know by Friday, June 7, 2002. My client is making plans for the summer, and needs to know the schedule by Friday. If we do not hear from you by Friday, then I will assume this switch is not acceptable, and the current rotation will continue as is. With reference to the kindergarten graduation, Thom has already made plans for the afternoon to take Rowan out to lunch and to spend the day with her. Thom scheduled this day off approximately two months ago in anticipation of her graduation. However, Rachel and her family are welcome to join Thom and his family for lunch. If Rachel is interested, have her contact Thom for details. Very truly yours, IRWIN, McKNIGHT & HUGHES RRH/bd Cc: Thomas Pallis Rebecca R. Hughes EXHIBIT "D" 1V iSLITSKY AND DIEHL THOMAS S. DIEHL RICHARD P. MISL1TSKY* KIMBERLY L. HOUgh LEGAL ASSISTANT REPLY TO: CARLISLE ONE WEST High STREET SUITE 208 P.O. Box 1290 CARLISLE, PENNSYLVANIA 17013 (717) 240-0833 I 4 NORTH MAIN STREET SUITE 550 CHAMbERSBURg, PENNSYLVANIA } 720~ (717) 261-0208 (717) 240-O893 -- FACSIMILE FILE NO. 01237 June 27, 2002 VIA FACSIMILE (717)249-6354 & FIRST-CLASS MAIL Rebecca Hughes, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 RE: Pallis v. Pallis JUN 2 8 2002 McKNIGHI" IRWIN Dear Rebecca: In Rachel's original proposal to resolve the scheduling conflict of the week of the Fourth of July, she requested keeping the children during Thom's week, and then having him take her week following her return from the beach. Upon receiving your counter-proposal, I contacted Rachel and read the terms of the counter-proposal to her over the telephone. We both understood it to mean that Thom was merely requesting that his make-up week take place before Rachel's trip to the beach, to ~vhich she agreed. Upon receiving a copy of the letter, she understands Thom's proposal as follows: (1) Thom is requesting that Rachel completely forfeit a week a contact with the children; and (2) Thom is requesting that they flip-flop the existing week on/week off rotation. As she has already made plans for the remainder of the summer on the existing rotation, changing the rotation would cause future scheduling problems. As it is my understanding that Thom has currently had the children eleven consecutive days, I would propose having the parties exchange the cbi!dren today, and allow Rachel to keep them und! she returns from her trip to the beach. At that time, the parties would continue on their regular weekly rotation. Although Rachel desired to exchange the children yesterday, on June 26, 2002, she would be agreeable to surrendering that day in order to allow this matter to move forward. Ve~uly yours, Thomas S. Diehl TSD/klb cc: Rachel S. Pallis *CERTIFIED AS a CIVIL TRIAL ADVOCATE BY THE NATIONAL BOARD OF TRIAL ADVOCACY A PENNSYLVANIA SUPREME COURT ACCREDITED AGENCY VERIFICATION The foregoing Petition for Special Relief on behalf of the Plaintiff, Thomas E. Pallis, is based upon information which has been gathered by counsel for the Plaintiff in the preparation of this Document. The statements made in this Petition are true and correct to the best of the counsel's knowledge, information and belief. The verification of the Plaintiff, Thomas E. Pallis, cannot be obtained within a timely fashion for filing this Document. The undersigned is therefore verifying on behalf of the Plaintiff, Thomas E. Pallis, according to 42 Pa.C.S.A. § 1024(c)(2). The undersigned understands that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: July 8, 2002 THOMAS E. PALLIS, : Plaintiff : VS. : : RACHEL S. PALLIS, : Defendant : AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-5796 CIVIL CIVIL ACTION - LAW IN CUSTODY IN RE: PETITION FOR SPECIAL RELIEF ORDER day of July, 2002, a role is issued on the defendant to show cause why the relief requested in the within motion ought not to be granted. This role returnable seventy-two (72) hours after service. BY THE COURT, Rebecca Hughes, Esquire For the Plaintiff K~. A. Hess, J. Thomas S. Diehl, Esquire For the Defendant :rlm THOMAS E. PALLIS, Plaintiff RACHEL S. PALLIS, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-5796 CIVIL TERM : ClVIL ACTION- LAW :INDIVORCE DEFENDANT'S ANSWER TO PETITION FOR SPECIAL RELIEF 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Denied. Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the matter asserted. 10. Denied. See New Matter below. ! 1. Denied. Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the matter asserted. 12. Denied. Plaintiffis without knowledge or information sufficient to form a belief as to the truth of the matter asserted. 13. 14. Fourth of July. 15. Under the Plaintiff's rotation. NEW MATTER Paragraphs 1 through 12 are incorporated herein by reference. Defendant has an annual vacation at the shore with her parents on the week of the existing Order of Court, the week of the Fourth of July fell on 16. Defendant had originally requested Plaintiff to trade weeks in order for her to have custody of the children during the week of her Fourth of July vacation. 17. In response, Plaintiff submitted a letter to Defendant's counsel dated June 5, 2002. 18. The Defendant's counsel read Plaintiff's fax to Defendant over the telephone, and accordingly agreed to the terms of the fax. 19. Upon receiving a copy of the June 5, 2002 letter in the mail, Defendant indicated that such proposal would require her to forfeit a week of custody with the children. 20. Subsequently, Defendant's counsel relayed to Plaintiff's counsel that Defendant did not agree to forfeit a week of custody with the children. 21. Thereafter, counsel for the parties exchanges correspondence on June 27, 2002, attached hereto as Exhibit "A", and four additional letters date June 28, 2002, attached hereto as Exhibits "B," "C,' "D," and "E." 22. In sum, the correspondence indicates that the Defendant was not agreeable to Plaintiff taking her week of June 24, 2002 through June 29, 2002, if Plaintiff insisted on not further compensating her for that time. 23. In summary, the parties have had the children as follows: (a) Plaintiff had the children for his regularly scheduled week of Sunday, June 16, 2002 through Monday, June 24, 2002. (b) Plaintiff continued to keep the children during Defendant's week of Monday, June 24, 2002 through Saturday, June 29, 2002. (c) Defendant then had custody of the children for her summer vacation from Saturday, June 29, 2002 until Saturday, July 13, 2002. (d) In sum, Plaintiff kept the children during Defendant's week prior to her Fourth of July vacation, and Defendant kept the children during Plaintiffs week following her Fourth of July vacation. 24. Defendant now proposes that Plaintiff keep the children until July 27, 2002, at which time the children would be returned to Defendant, who would then keep the children until August 10, 2002. 25. In sum, this would allow both parties to exemise custody of their children during their vacations and permit Plaintiff one additional day throughout the exchange, and allow the parties to continue on the Court's existing alternating week schedule. 26. Defendant desires to continue on the Court's existing alternating week schedule as to not interfere with her future summer plans. WHEREFORE, the Defendant, Rachel S. Pallis, respectfully request this Honorable Court to not exchange the alternating week schedule, but rather continue the same schedule and merely permit the parties to exchange weeks to accommodate Plaintiff's vacation as they had previously exchanged weeks to accommodate Defendant's vacation. Dated: July 15, 2002 Respectfully submitted, mas S Diehl, Esquire Attorney for Defendant One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 MISLITSKY. AND DIEHL THOMAs S. E)IEH L RICHARD p. MISLITSKY~ ~IMBERLY b. MOUGM June 27, 2002 VIA FACSIMILE (717) 249-6354 & FIRST-CLASS MAil, Rebecca Hughes, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 ONE WEST High STREET SUITE 208 ~.O. BOX !290 CARLISLE. J~ENNSYLVANIA I7013 /717} 240-O833 T 4 NORTH MAIN STREET SUITE 550 CFFFAMBERSBURG, J~ENNSYLVANiA 1720! (717) 26 I -O208 (717) 240-0893 -- FACSIMILE FILE No. 01237 RE: Pallis v. Pallis Dear Rebecca: In Rachel's original proposal to resolve the scheduling conflict of the week of the Fourth of July, she requested keeping the children during Thom's week, and then having him take her week following her return from the beach. Upon receiving your counter-proposal, I contacted Rachel and read the terms of the counter-proposal to her over the telephone. We both understood it to mean that Thom was merely requesting that his make-up week take place before Rachel's trip to the beach, to which she agreed. Upon receiving a copy of the letter, she understands Thorn's proposal as follows: (1) Thom is requesting that Rachel completely forfeit a week a contact with the children; and (2) Thom is requesting that they flip-flop the existing week on/week off rotation. As she has already made plans for the remainder of'the summer on the ex/sting rotation, chan~ing the rotation ~ould cause future scheduling problems. ~ As it is my' understanding that Thom has currentl? had the children eleven consecutive da, s. I **ould propose having the parties exchange the children today, and allow Rachel to keep them until'she returns from her trip to the beach. At that time, the parties ~ould continue on their regular weekly rotation. Although Rachel desired to exchange the children .~esterda?. on June 26. 2002. she ~ould b~ agreeable to surrendering that da3, in order to allow this matter to move t'or~ard. I'SD'klh cc: Rachel S. Pallis ~¢y4fti l} 5ours. Thomas S. Diehl ~CERTIFIED AS ~ CIVIL TRIAL ADVOCATE BY THE NATIONAL ~OARD OF TRIAL ADVOCACY A ~ENNSYLVAN~A SUPREME COURT ACCREOITED AGENCY M I SLITSKY .AN B THOMAS S. [~IEHL RICHARD p, MISLITSKY* ~IMSERL¥ L. HOUGH LEGAL ASSISTANT REPLY TO: CARLISLE DIEHL ONE WEST HIGH STREET SUITE 208 P.O. Box 1290 CARLISLE. PENNSYLVANIA T7013 (7T 7) 240-0833 ! 4 NORTH MAIN STREET SUITE 550 CHAMBERSBURG. PENNSYLVANIA 1720! {717) 26 ~-0208 (7! 7) 240-O893 -- FACSIMILE June 28, 2002 .VIA FACSIMILE (715) 249-6354 & FIRST-CLASS MAIL Rebecca Hughes, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 FILe No. O!237 RE: Pallis v. Pallis Dear Rebecca: Rachel did not receive the children last night as we had anticipated. Moreover, Thom would not return her telephone calls until after 9:00 p.m. last night, at which time he informed her that she was not going to get the children until there is an agreement in writing that he found acceptable. This is obviously an unusual position to t.ake considering he has been withholding the children for five consecutive days contrary to the existing Custody Order. In a final effort to resolve this matter, Rachel proposes receiving the children today, Friday, June 28, 2002, and keeping them until July 10, 2002. Thom will then keep the children from July I0, 2002 through July 22, 2002. As Thom has indicated that he has a vacation planned for the week of July 22, 2002, Rachel is willing to exchange weeks with him so that he may exercise his vacation with the children. If this proposal is 'acceptable, please let me know through a fax or voicemail, so that we can make arrangements for the children to be released to Rachel later today'. If. in the alternative. Thom chooses to remain in contempt of the existing Order and do ever)~hing in his ability, to screw-up Rachel's vacation, we will obviously file a Petition for Contempt and seek any remedies that the Court deems appropriate. /~.mly yours, Thomas S. Diehl cc: Rachel S. Pallis *CERTIFIED AS A CIVIL TRIAL ADVOCATE BY THE NATIONAL BOARD OF TRIAL ADVOCACY A PENNSYLVANIA SUPREME COURT ACCREI:)ITE0 AGENCY MISLITSKY AND lEHL THOMAS S. DIEHL RICHARD p. MISLITSKY* KIMBERLY L. HOUGH LEGAL ASSISTANT REPLY TO: CARLISLE VIA FACSIMILE (717) 249-6354 Rebecca Hughes, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 June 28, 2002 ONE WEST HIGH STREET SUITE 208 P.O. BOX !290 CARLISLE, PENNSYLVANIA ! 70 ! 3 (717) 240-0833 14 NORTH MAIN STREEt SUITE 550 CHAMBERSBURG, PENNSYLVANIA ! 7201 (777) 261-O208 (717) 240-0893- FACSIMILE FILE No. OT237 RE: Pa/lis v. Pa/lis Dear Rebecca: In am in receipt of your fax of today's date. Prior to sending my earlier fax today, Rachel had advised me that she attempted to call Tom yesterday at his home, work, and at his mother's home. No one however would answer the phone. Tom did not answer the phone until 9:00 p.m. at which time he told her that he did not intend to release the kids to her. Further discussion on this matter is pointless. Tom has already unilaterally taken most of Rachel week, while feigning good faith negotiations. Therefore, we must insist that the children be returned to Rachel immediately. She has advised me that she is able to pick up the kids at Tom's house at 4:00 p.m. today. Please advise, as soon as possible, if the kids cannot be made available at that time. July 2002 thru September 2002 Very truly yours, TSD/klh cc: Rachel S. Pallis Thomas S. Diehl *CERTIFIED AS A CIVIL TRIAL ADVOCATE BY THE NATIONAL BOARD OF TRIAL ADVOCACY A PENNSYLVANIA SUPREME COURT ACCREDITED AGENCY {.AW OFRCE~ IRWIN McKNIG & t'ILIGHE$ June 28, 2002 T-l;4 POOl/Ii01 F-TJi VIA FACSIMILE 240 089.3 mci KEGULAR MAIL THOMA~ $. DI.E:H ~ ~ ESQ. ONE WE~T HIGH STREET PO BOX 1290 CARLISLE PA 17013 De~r Tom: ! am in ron~ ntyo,r letter dated .Time 28, 2002. PleasP be revere that Mi P~lli~ did nnt a~ to pick ~ ~e ~1~ lint ni~t ~m day c~, ~ ~at it wu a ~od thing ~t ~. P~Us did pick ~ ~. F~, Ms. P~lis cou~ ~ve coa~c~ ~. p~ on ~ cell phone, ~ ~u~ his mo~er, ~d ~e m~ nei~ of~e ~. Therefore, it =l~ly w~ ~t her ~t w ~ve ~e c~l~ ~t ~t as yo~ co--ri&nee ~ca~. Wi~ referee to yo~ pmpos~ ~ ~ j~e 28, 2002 co~espon~ce, plebe note ~. P~lis h~ gon~ ~o~ m~h ~uble ~ ~ ~ommodam yo~ cli~t's c~ md &s~, but feels ~at ~e is ~ing ~vm~e of ~s p~cess. ~efore, ~. P~lis still p~ies ~ eq~l mo~t of~c ~ well m ~m~oda~g yo~ cli~t's v~ation plan,. If you ~ ~ file ~ pe~tion for con~mp~ we wo~d ce~y welc~e ~e co~'s int~mtion ~ m~t~, p~i~l~ly ~ven ~he events which have t~ place ~e yo~ ~al p~sal of May 31, 2002. Cc: Thomas Pa]lis Ve~ truly yours, HT & HUGHES MISLITSKY. AN D . i_ iEHL THOMAS S. DIEHL RICHARD p. MISLitSKY* KIMBERLY L. HOUGH LEGAL ASSISTANT REPLY TO: CARLISLE ¥1A FACSIMILE i717} 1A9-63E ~. Rebecca Hughes, Esquire Irwin, McKnight & Hughes. 60 West Pomfret Street Carlisle, PA 17013 June 28, 2002 ONE WEST HIGH STREET SUITE 208 P.O. Box 1290 CARLISLE, PENNSYLVANIA 17013 (717) 240-0833 14 NORTH MAIN STREET SUITE 550 CHAMBERsBuRG, PENNSYLVANIA 17201 (717) 261-O208 (717) 240-0893 -- FACSIMILE FILE No. 01237 RE: Pallis v. Pallis Dear Rebecca: In am in receipt of your fax of today's date. Prior to sending my earlier fax today, advised me that she attempted to call Tom yesterday at his home. work, and at his mother's h° had one however would answer the ph°ne. Tom did not answer the hone until 9:00 p.m. at Which" Id her that he did not Intend to release the kids to her. Further discussi .. i : :~!~ fL°om has already unilaterall taken mos _ . . o.n on this matter Is pointless. Y t of Rachel w~ek, while feigning good faith hegoti~itions. Therefore, we must insist that the children be returned to Rachel immediately. She has advised me that she is able to pick up the kids at Tom's house at 4:00 p.m. today. Please advise Rachel, as soon as possible, if the kids cannot be made available at that time as I will soon be out of thc office. ~y yours, f "Thomas S. Diehl TSD/klh cc: Rachel S. Pallis *CERTIFIED AS A CIVIL TRIAL ADVOCATE BY THE NATIONAL BOARD OF TRIAL ADVOCACY A PENNSYLVANIA SUPREME COURT ACCREDITED AGENCy CERTIFICATE OF SERVICE I hereby certify this 15th day of July 2002, that a true and correct copy of the foregoing document was served on the following individual by hand-delivery a copy to their Courthouse mailbox: Rebecca R. Hughes, Esquire 60 West Pomfret Street Carlisle, PA 17013 Thomas S. Diehl, Esquire RACHEL S. PALLIS, Plaintiff Vo THOMAS E. PALLIS, Defendant THOMAS E. PALLIS, Plaintiff RACHEL S. PALLIS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2001-5989 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE/CUSTODY : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001-5796 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE ORDER OF COURT AND NOW, this ~ day of 3~, 2002, the within Petition of Counsel For Leave to Withdraw having been read, considered, and ordered filed, the Court hereby orders that a Rule be and is issued upon the Respondent, Rachel S. Pallis, to show cause why the Petitioner should not be permitted to withdraw as counsel, said Rule to be returnable within _~___ days of service of the date of this Order. cc: Thomas S. Diehl, Esquire, Petitioner Rachel S. Pallis, Respondent Rebecca R. Hughes, Esquire, Attorney for Thomas E. Pallis BYTHECOURT: THOMAS E. PALLIS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : vs. : 01-5796 CIVIL : CIVIL ACTION - LAW RACHEL S. PALLIS, : Defendant : IN CUSTODY ORDER AND NOW, this / ~1'* day of August, 2002, this matter having been called for heating, on agreement of the parties it is ordered and directed that the plaintiff father and defendant mother shall share legal custody of their two minor children, Rowan Geraldine Pallis, born February 7, 1996, and Jack Thomas Pallis, born May 2, 1999. Joint legal custody shall include, but not be limited to, the right of both parents to control and to share in making decisions of importance in the life of their children, including educational, medical and religious decisions. Both parents shall be entitled to equal access to school, medical, dental and other important records. Emergency decisions regarding a child shall be made by the parent then having custody. However, in the event of an emergency or serious illness of either of the children at any time, the party then having custody shall immediately communicate with the other party by telephone or any other means practical, informing the other party of the nature of the illness or emergency, so that the other parent can become involved in the decision-making process as soon as practical. Primary physical custody of the children shall be with their father subject to partial periods of custody in the mother as follows: 1. Every other weekend from Friday after work until Monday morning when the children shall return to school or day care, whichever may apply. The first weekend of each month that is scheduled to be the mother's shall be an extended weekend, which shall begin Thursday evening after work through Monday morning. During the week following the mother's weekend, the mother shall have Tuesday evening until after work until 8:30 p.m. 2. Every Thursday evening from after work until 8:30 p.m. and, following the father's weekend, from Monday after work until Tuesday morning at which time the children shall return to either day care or school. 3. The parties shall have the right of first refusal with respect to the exercise of custody and both agree that they will notify the non-custodial parent if they cannot be with a child in excess of three hours. This order shall also reflect other terms and conditions of the agreement of the parties as follows: 1. If the non-custodial parent requests a temporary modification of the schedule, such request will be given to the custodial parent one week in advance. If there is a temporary change in the schedule, the parents agree to make up an equal amount of time within a thirty-day period unless the right to do so is waived. 2. The children should spend time together subject, of course, to activities which are specific to their age and maturity. 3. The parents will display no affection with a non-family third party, boyfriend/girlfriend, in from of the children. 4. No adult who is not a member of the family will sleep over at the custodial parent's home when the children are present. 4. In the event that there is no school on a Monday following the mother's weekend, the parents agree that the children will be with the mother provided she is available for that entire day. With respect to holidays, the court orders and directs as follows: 1. In even years, including 2002, the children will be with their mother on Thanksgiving. This shall include the period beginning Wednesday evening after work until Monday morning. In odd-numbered years, the father shall have the children for a like period. 2. In even years, including 2002, the children will be with their father on Christmas. This shall include the period commencing at noon on December 24th and ending at noon on December 26th. The mother shall have a like period of custody in odd-numbered years. 3. Easter, defined as beginning Saturday at noon and ending Monday evening (or Monday morning if there is school), shall also be alternated by the parties with odd-numbered years being in the mother. 4. The same parent who has the children on Christmas shall have the children on New Year's beginning noon on December 31st until the next school morning. The parties shall meet with Dr. Stanley Schneider in February 2002 for the purpose of working out a summer schedule. In addition, should the children have made a satisfactory adjustment to one extended weekend per month, this shall be expanded to two extended weekends per month. The burden shall be on the father to prove that expanded partial custody in the mother is not in the best interest of the children. 5. The parties shall have reasonable telephone comact with the children while they are in the other's custody. The parties shall do nothing that may estrange the children from the other party or hinder the natural development of the children's love or affection for the other party including the making of disparaging remarks concerning the other party. 6. The parties shall transport the children as heretofore. BYTHECOURT, Rebecca Hughes, Esquire For the Plaintiff Thomas S. Diehl, Esquire For the Defendant :rim K~. Hess, J. THOMAS E. PALLIS, PLAINTIFF, RACHEL S. PALLIS, DEFENDANT. : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO: 6989 CP¢IL : : IN CUSTODY PETITION FOR ALLOCATION OF COSTS AND NOW, comes the Plaintiff, Thomas E. Pallis, by and through his attorneys, Irwin, McKnight & Hughes, and files this Petition for Allocation of Costs, making the following statement: 1. The Plaintiff is Thomas E. Pallis, an adult indiviidual residing at 45 Brian Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is Rachel S. Pallis, an adult indi~Adual residing at High Street, Boiling Springs, Cumberland County, Pennsylvania. 3. On or about November 2001, the parties had a conciliation relative to custody of their two minor children. 4. The parties agreed to a week on week off custody schedule until such time as a custody evaluation could be performed and further Order of Court entered. 5. The parties further agreed that the Plaintiff would pay for the evaluation and that the Court would later enter an Order allocating the costs of the evaluation between the parties. Attached as Exhibit "A" is a copy of said conciliation report and Order. 6. The custody evaluation was perfmmed, and a hearing was scheduled for August 14, 2002; however, due to double scheduling fox' the Defendant's attorney, only a settlement conference was held. 7. At said settlement conference, the evaluator, Dr.. Stanley Schneider was present since the Plaintiff had retained him to testify on his behalf at the hearing. 8. The evaluator was able to assist in the settlement conference, and an agreement was reached between the parties whereby the Plaintiffwould have primary physical custody of the two minor children, and the Defendant would have partial physical custody every-other weekend and some time through the week. 9. The Plaintiff was forced to pay for said evaluation as well as the time the evaluator spent for the hearing, and the total costs for the evaluator's services was Four Thousand Four Hundred Thirty-Five and no/100 ($4,435.00) Dollars. Attached as Exhibit "B" is a copy of all the bills from the evaluator. 10. The Plaintiff has not received any financial assistance to pay for the cost of the evaluation, and the cost has placed much financial pressure on the Plaintiff. WHEREFORE, the Plaintiff, Thomas E. Pallis, respect:fully requests that an Order be entered requiring the Defendant, Rachel E. Pallis, to reiimburse the Plaintiff for a portion of said costs. Dated: ,2002 By: Respectfully submitted, IRWIN, McKNIGHT &_y~(GH~ l~el~ecea 1~ ~"u~h~s, Esc~lfir~_) - 60 West Pomfret Street Carlisle, Pennsylvania 17013 Supreme Court I.D. No: 67212 717-249-2353 Attorney fbr the Plaintiff, Thomas E. Pallis EXHIBIT "A" THOMAS E. PALLIS, Plaintiff RACHEL S. PALLIS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2001-5796 CIVIL TERM : IN CUSTODY ORDER OF COURT consideration of the attached Custody ConCiliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Colalt Room No, q , of the Cumberland County Court House, on the J~J$¥ day of~.._.._, 200, at ~ o'clock, . M., at which time testimony :w_ilLb~e.t~a~.~e~!?or purposes of this Hearing, the Father shall be deemed to be the moving party and sh,dl proceed initially with testimony. Counsel for each party shall file with the Com~ and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be 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, 2. The prior Order of Court dated October 12, 2001 is hereby vacated. 3. Father, Thomas E. Pallis and Mother, Rachel S. Pallis, shall share legal custody of the children, Rowan Geraldine Pallis, bom February 7, 1996 and Jack Thomas Pallis, bom May 2, 1999. Each parent shall have equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education, and religion. 4. The parties shall share physical custody of the children on a week on/week offbasis from Monday to Monday. The exchange shall be at the children's day care facility unless otherwise agreed by the parties. Father's week shall begin November 5, 2001. 5. The non-custodial parent shall be entitled to additional physical custody of the children during their offweek if the custodial parent is working or otherwise unavailable, provided the non-custodial parent gives the custodial parent notice of exercising said time. 6. The parties may remove the children from l:he Commonwealth provided they advise the non-custodial parent the location and telephone number where the children will be. 7. The Christmas holiday shall be shared such that Father will have the children on Christmas Eve Day until 9:00 p.m. Mother sl~dl have physical custody thereafter pursuant to the regular weekly schedule. 8. Father shall arrange for a custody evaluation perfmmed by Dr. Arnold Shienvold, Dr. Stanley Schneider or another evaluator agreeable to the parties. Both parties shall cooperate with the custody evaluation and submit themselves, the children and anyone else the evaluator deems necessary for required appointments. The Court will ultimately decide the parties' proportionate share of cost for the evaluation. 9. The non-custodial parent shall have reasonable telephone contact with the children while in the other parent's custody. 10. The parties shall keep each other advised inunediately relative to any emergencies, medical or otherwise, concerning the children. During such illness or medical emergency, each party shall have the right to visi: the children as often as he/she deems consistent with the proper medical care of the child. 11. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent or subsequent Order of Corm, the tenrls of this Order shall control. BY i~OURT, cc: Rebecca R. Hughes, Esquire - Counsel for Father Thomas S. Diehl, Esquire - Counsel for Mother , ?8. roth ,notan/ THOMAS E. PALLIS, Plaintiff Vo RACHEL S. PALLIS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION ,- LAW : : NO. 2001-5796 CIVIL TERM : : IN CUSTODY PRIOR JUDGE: Kevin A. Hess, J. 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 C, hildren who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Rowan Geraldine Pallis Jack Thomas Pallis February 7, 1996 Shared May 2, 1999 Shared 2. A Conciliation Conference was held on November 5, 2001 with the following individuals in attendance: The Father, Thomas E. Pallis, with his counsel, Rebecca R. Hughes, Esquire, and the Mother, Rachel S. Pallis, with her counsel, Thomas S. Diehl, Esquire. 3. A prior Order of Court was entered by the Honorable Kevin A. Hess, dated October 12, 2001, restricting the parents from removing the children from the Commonwealth. 4. Father's position on custody is as follows: Father is seeking primary physical custody. He asserts that Mother has a mental health history and requests a custody evaluation in which Mother would disclose the prior mental health history. Father is willing to front the cost of the evaluation and have the Court detemfine Mother's share of the cost. 5. Mother's position on custody is as follows:: Mother seeks primary physical custody. She is willing to cooperate with the custody evaluation. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing, vacating the prior Order of Court dated October 12, 2001, granting shared legal and physical custody, and ordering that the parties cooperate with a custody evaluation, which Father agrees to pay for until otherwise determined by the Court. It is expected that the Hearing will require one day. Date ~eq~line M. Vemey, Esquire Custody Conciliator EXHIBIT "B" Guidance Associates of Pennsylvania 412' Erford Road Camp Hill, PA 17011 Phone (717) 732-2917 Tax ID#23-2038694 Contact us with any address or insurance CHANGES-Thank you TOM PALLIS 46 BRIAR DRIVE CARLISLE, PA 17013 Statement Date.....: 08/13/2002 Page Number ........ : 01 STATEMENT FOR PROFESSIONAL. SERVICES CHARGES OR PAYMENTS AFTER ABOVE STATEMENT DATE WILL APPEAR ON YOUR NEXT STATEMENT 12/05/2001 12/05/2001 12/05/2001 12/05/2001 12/05/2001 12/05/2001 12/05/2001 12/05/2001 12/05/2001 .... ID: 4537 PALLIS PALLIS ¥. LIFE HISTORY QUESTIONNAIRE, Stanley E. Schneider, Ed.D., TOM PALLIS, (Fee $25.00), charged to TOM PALLIS PARENT SELF-REPORT DATA QUES, Stanley E. Schneider, E;d.D., (Fee $25.00), charged to TOM PALLIS INTERVIEW, Stanley E. Schneider, Ed.D., TOM PALLIS, (Fee $225.00), charged to TOM PALLIS (TOM PALLIS) Cash (Credit $1,000.00) applied to 12/05/01, Stanley E. Schneider, Ed.D. ... applied to 12/05/01 for TOM PALLIS ... applied to 12/05/01 for TOM PALLIS ... applied to 12/19/01 for TOM PALLIS ... applied to 12/19/01 for TOM PALLIS ... applied to 12/19/01 for TOM PALLIS 25.00 25.00 225.00 25.00 25.00 225.00 150.00 25.00 25.00 Return this portion with your paymer~t Please make check payable to: Guidance Associates of Pennsylvania 412 Erford Road Camp Hill, PA 17011 Phone (717) 732-2917 Tax ID#23-2038694 Contact us with any address or insurance CHANGES-Thank you TOM PALLIS 46 BRIAR DRIVE CARLISLE, PA 17013 Statement Date.....: 08/13/2002 Page Numbe~". ....... : 02 STATEMENT FOR PROFESSIONAL SERVICES CHARGES OR PAYMENTS AFTER ABOVE STATEMENT DATE WILL APPEAR ON YOUR NEXT STATEMENT 12/05/2001 12/05/2001 12/05/2001 12/05/2001 12/19/2001 12/19/2001 12/19/2001 12/21/2001 12/28/2001 ... applied to 12/28/01 for TOM PALLIS ... applied to 12/28/01 for TOM PALLIS ... applied to 1/02/02 for TOM PALLIS ... applied to 1/03/02 for TOM PALLIS MN MULTIPHASIC PERSONALITY I, Stanley E. Schneider, EdD., 150.00 RACHAEL, (Fee $150.00), charged to TOM PALLIS LIFE HISTORY QUESTIONNAIRE, Stanley E. Schneider, Ed.D., 25.00 RACHAEL, (Fee $25.00), charged to TOM PALLIS PARENT SELF-REPORT DATA QUES, Stanley E. Schneider, F_'d.D., 25.00 RACHAEL, (Fee $25.00), charged to TOM PALLIS INTERVIEW, Stanley E. Schneider, Ed.D., RACHAEL PALLIS, (Fee 150.00 $150.00), charged to TOM PALLIS MN MULTIPHASlC PERSONALITY I, Stanley E. Schneider, Ed.D., 150.00 TOM PALLIS, (Fee $150.00), charged to TOM PALLIS 150.00 150.00 150.00 75.00 Return this portion with your payment Please make cheek payable to: Guid. ance Associates of Pennsylvania 412 Erford Road Camp Hill, PA 17011 Phone (717) 732-2917 Tax ID#23-2038694 Contact us with any address or insurance CHANGES-Thank you TOM PALLIS 46 BRIAR DRIVE CARLISLE, PA 17013 Statement Date.....: 08/13/2002 Page Numbe~r ........ : 03 STATEMENT FOR PROFESSIONAL SERVICES CHARGES OR PAYMENTS AFTER ABOVE STATEMENT DATE WILL APPEAR ON YOUR NEXT STATEMENT 12~28~2001 0110212002 01/03/2002 01/23/2002 01 ~24~2002 02/15/2002 02/19/2002 02/19/2002 INTERVIEW, Stanley E. Schneider, Ed.D., TOM PALLIS, (Fee 150.00 $150.00), charged to TOM PALLIS PARENT-CHILD OBSERVATION, Stanley E. Schneider, Ed.D., TOM 150.00 /W ROWAN&JACK, (Fee $150.00), charged to TOM PALLIS INTERVIEW, Stanley E. Schneider, Ed.D., RACHAEL, (Fee 150.00 $150.00), charged to TOM PALLIS INTERVIEW, Stanley E. Schneider, Ed.D., PAM SAYLOR/TOMS 150.00 MOM, (Fee $150.00), charged to TOM PALLIS PARENT-CHILD OBSERVATION, Stanley E. Schneider, Ed.D., Mom 150.00 w/Rowan,Jack, (Fee $150.00), charged to TOM PALLIS RECORDS REVIEWED, Stanley E. Schneider, Ed.D., (Fee $451:).00), 450.00 charged to TOM PALLIS KINETIC FAMILY DRAWING, Stanley E. Schneider, Ed.D., ROWAN, 20.00 (Fee $20.00), charged to TOM PALLIS CHILD QUESTIONNAIRE, Stanley E. Schneider, Ed.D., ROWAN, 15.00 (Fee $15.00), charged to TOM PALLIS Return this portion with your payment Please make check payable to: Guid, ance Associates of Pennsylvania 412 Erford Road Camp Hill, PA 17011 Phone (717) 732-2917 Tax ID#23-2038694 Contact us with any address or insurance CHANGES-Thank you TOM PALLIS 46 BRIAR DRIVE CARLISLE, PA 17013 Statement Date.....: 08/13/2002 Page Number ........ : 04 STATEMENT FOR PROFESSIONAL. SERVICES CHARGES OR PAYMENTS AFTER ABOVE STATEMENT DATE WILL APPEAR ON YOUR NEXT STATEMENT 02/19/2002 03/07/2002 03/07/2002 03/07/2002 03/15/2002 03/15/2002 03/15/2002 03/25/2002 03/25/2002 03/25/2002 INTERVIEW, Stanley E. Schneider, Ed.D., ROWAN W/MOM, (Fee $150.00), charged to TOM PALLIS INTERVIEW, Stanley E. Schneider, Ed.D., TOM WITH ROWEN, (Fee $150.00), charged to TOM PALLIS (TOM PALLIS) Check# 1206, (Credit $250.00), applied to 3/07/02, Stanley E. Schneider, Ed.D. ... applied to 12/21/01 for TOM PALLIS (TOM PALLIS) Check# 4537, (Credit $250.00), applied to 1/23102, Stanley E. Schneider, Ed.D. ... applied to 12/21/01 for TOM PALLIS ... applied to 1/03/02 for TOM PALLIS (TOM PALLIS) Check# 1219, (Credit $500.00), applied to 1/23102, Stanley E. Schneider, Ed.D. ... applied to 1/24/02 for TOM PALLIS ... applied to 2/15/02 for TOM PALLIS 150.00 150.00 150.00 100.00 125.00 50.00 75.00 25.00 150.00 325.00 Return this portion with your payrne~t Please make check payable to: Guid. ance Associates of Pennsylvania 412 Erford Road Camp Hill, PA 17011 Phone (717) 732-2917 Tax ID#23-2038694 Contact us with any address or insurance CHANGES-Thank you TOM PALLIS 46 BRIAR DRIVE CARLISLE, PA 17013 Statement Date.....: 08/13/2002 Page Number ........ : 05 STATEMENT FOR PROFESSIONAL SERVICES CHARGES OR PAYMENTS AFTER ABOVE STATEMENT DATE WILL APPEAR'ON YOUR NEXT STATEMENT 04/12/2002 04/12/2002 RECORDS REVIEWED, Stanley E. Schneider, Ed.D., (Fee $300.00), 300.00 charged to TOM PALLIS REPORT, Stanley E. Schneider, Ed.D., (Fee $750.00), charged to 750.00 TOM PALLIS 04/15/2002 (TOM PALLIS) Check# 11-01900, (Credit $1,360.00), applied to 125.00 2/15/02, Stanley E. Schneider, Ed.D. 04/15/2002 ... applied to 2/19/02 for TOM PALLIS 20.00 04/15/2002 ... applied to 2/19/02 for TOM PALLIS 15.00 04/15/2002 ... applied to 2/19/02 for TOM PALLIS 150.00 04/15/2002 ... applied to 4/12/02 for TOM PALLIS 300.00 04/15/2002 ... applied to 4/12/02 for TOM PALLIS 750.00 06/14/2002 INTERVIEW, Stanley E. Schneider, Ed.D., (Fee $175.00), charged to 175.00 TOM PALLIS 06/14/2002 (TOM PALLIS) V pymnt applied to 6/14/02, Stanley E. Schneider, 175.00 Ed.D. Return this portion with your payment Please make check payable to: Guidance Associates of Pennsylvania 412 Erford Road Camp Hill, PA 17011 Phone (717) 732-2917 Tax ID#23-2038694 Contact us with any address or insurance CHANGES-Thank you TOM PALLIS 46 BRIAR DRIVE CARLISLE, PA 17013 Statement Date.....: 08/13/2002 Page Number ........ : 06 STATEMENT FOR PROFESSIONAL SERVICES CHARGES OR PAYMENTS AFTER ABOVE STATEMENT DATE WILL API~EAR ON YOUR NEXT STATEMENT 08/13/2002 INTERVIEW, Stanley E. Schneider, Ed.D., (Fee $150.00), charged to 150.00 TOM PALLIS 08/13/2002 (TOM PALLIS) V pymnt applied to 8/13/02, Stanley E. Schneider, 150.00 Ed.D. 08/13/2002 (TOM PALLIS) V pymnt applied to 8/14/02, Stanley E. Schneider, 750.00 Ed.D. 08/14/2002 HEARING/TESTIMONY, Stanley E. Schneider, Ed.D., (Fee 750.00 $750.00), charged to TOM PALLIS 0.00 4,435.00 4,435.00 0.00 0.00 0.00 0.00 I 0.00 0.00 0.00 0.00 4537 Return this portion with your payment PALLIS PALLIS V. 08/13/2002 0.00 Please make check payable to: Guidance Associates of Pennsylvania 412 Errord Road Camp Hill, PA 17011 Phone (717) 732-2917 Tax ID#23-2038694 THOMAS E. PALLIS, Plaintiff VS. RACHEL S. PALLIS, Defendant AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-5796 CIVIL CIVIL ACTION - LAW IN CUSTODY 1N RE: PETITION FOR ALLOCATION OF COSTS ORDER day of December, 2002, upon consideration of the foregoing petition, it is hereby ordered that: 1. A role is issued upon the respondent to show cause why the petitioner is not entitled to the relief requested. 2. The respondent shall file an answer to the petition within twenty (20) days of this date. 3. The petition shall be decided under Pa.R.C.P. 206.7. 4. Depositions shall be completed within forty-five (45) days of this date and, in lieu thereof, other suitable discovery may be filed of record addressing, inter alia, the financial status of the parties. 5. Argument shall be held on Wednesday, February 19,.2003, at 2:00 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. 6. Notice of the entry of this order shall be provided to all parties by the petitioner. BY THE COURT, . Hess, J. RACHEL S. PALLIS, Plaintiff Vo THOMAS E. PALLIS, Defendant · : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2001-5989 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE/CUSTODY THOMAS E. PALLIS, Plaintiff RACHEL S. PALLIS, Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 2001-5796 CIVIL TERM b/ · CIVIL ACTION - LAW · IN DWORCE PRAECIPE TO WITHDRAW AND ENTER APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance Pallis, in the above-captioned cases. Date: [ ~- (~ -0~ of Thomas S. Diehl, Esquire, on behalf of Rachel L. Thomas S. Diehl, Esquire One West High Street Carlisle, Pennsylvania 17013 (717) 240-0833 TO THE PROTHONOTARY: Please enter the appearance of Carol J. Lindsay, Esquire, on behalf of Rachel L. Pallis in the above-captioned cases. Carol J-. Li-n&ay,~Esqu' ~ 26 West Higl~et, Suite 208 Carlisle, Pennsylvania 17013 (717) 243-6222 THOMAS E. PALLIS, Plaintiff VS. RACHEL S. PALLIS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : · ' CIVIL ACTION - LAW : NO. 2001-5796 CIVIL TERM : · IN CUSTODY DEFENDANT'S ANSWER ,TO PETITION FOR ALLOCA TIO^! OF COS TS SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA Now comes Rachel S. Pallis, by and through her counsel, Saidis, Shuff, Flower & Lindsay and answers Plaintiff's Petition for Allocation of Costs as follows: 1. Denied. Thomas E. Pallis resides at 46 Brian Drive, Carlisle, Pennsylvania. Pennsylvania. Denied. Rachel S. Pallis resides at 207 Front Street, Boiling Springs, 3. Admitted. 4. Admitted in part and denied in part. Admitted that the parties agreed to a week on/week off custody schedule and to a custody evaluation. Denied that the parties agreed that the week on/week off schedule was temporary in nature. 5. The Conciliation Order speaks for itself. 6. Admitted that a hearing was scheduled for August 14, 2002 and admitted that Defendant's attomey was unable to attend and represent her. After reasonable investigation, and until a transcript of the exact nature of the proceeding on August 14, 2002 can be provided, the nature of the proceedings on August 14, 2002 are unknown. SAIDIS SHUFF, FLOWER & LINDSAY ATTO~.AT*LAW 26 W. High Street Carlisle, PA 7. AdmiRed. 8. AdmiRed that the evaluator functioned in a dual role, as an evaluation and as a mediator. However, without the advice and aid of counsel, Defendant felt that she had no choice in the agreement which was ultimately placed on the record. 9. Admitted that Plaintiff was required to pay for the evaluation he requested and also for the time of the evaluator at the hearing. 10. After reasonable investigation, Defendant is without information sufficient to confirm the statement set out in Paragraph 10 and therefore the statement is denied. By way of further answer, Plaintiff has received the financial assistance of his family in pursuing the case against Defendant. WHEREFORE, Defendant prays this Honorable Court to deny Plaintiff's request for an allocation of costs. SAIDIS, SHUFF, FLOWER & LINDSAY Attomeys for Defendant ~-/~a r~l 3.~ti~d sa¥,-Esq u ire ID#f146f13 2~ ~t~Hi§h Street Carlisle, PA 17013 (717) 243-~222 SAIDIS SHUFF, FLOWER & LINDSAY A'ITORI~Y~*AT*LAW 26 W. High Street Carlisle, PA VERIFICATION The undersigned, Carol J. Lindsay, Esquire, avers that the facts set forth in the foregoing instrument, based upon information and belief, were developed from conversations with Defendant, Rachel S. Pallis and information gained in the investigation of this file, and this Verification is made for the reason that Defendant's Verification could not be obtained within the time allowed for the filing of this pleading, and this Verification is made subject to the penalties of 18 Pa. C.S. {}4904, relating to unsworn falsification to authorities. SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys for Defendant By: Carlisle, PA 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY A'rrORNEYS*AT*LAW 26 W. High Street Carlisle, PA THOMAS E. PALLIS, Plaintiff VS. RACHEL S. PALLIS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 2001-5796 CIVIL TERM : : IN CUSTODY CERTIFICATE OF SERVICE AND now, this '~ dayof ~- -~/,'~ 2003, I, Carol J. Lindsay, Esquire, of the law firm ~dis, Shuff, FloWer & Lindsay, Attomeys, hereby certify that I served the within Defendant's Answer to Petition for Allocation of Costs this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Rebecca R. Hughes, Esquire IRWIN, McKNIGHT & HUGHES 60 West Pomfret Street Carlisle, PA 17013 SAIDIS, SHUFF, FLOWER & LINDSAY Attomeys for_LDefendan! By: ~.~~~ j~~s~ay' Esquire 2~6 W4e4s6t9H3 ,gh Street Carlisle, PA 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY ATI'ORNEYS*AT*LAW 26 W. High Street Carlisle, PA THOMAS E. PALLIS, Plaintiff VS. RACHEL S. PALLIS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 2001-5796 CIVIL TERM : : IN CUSTODY TO THE PROTHONOTARY: PRAECIPE Please substitute the Verification of Rachel S. Pallis on the Defendant's Answer to Petition for Allocation of Costs. SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys for Defendant By: - - v . ~Da;~z~dsay, Esq0tre 26-We'St High Street Carlisle, PA 17013 (717) 243-6222 VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. ~ Rachel S. Pall~ Date: THOMAS E. PALLIS, Plaintiff VS. RACHEL S. PALLIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-5796 CIVIL CIVIL ACTION - LAW IN CUSTODY ORDER AND NOW, this /~ ' day of February, 2003, argument in the above matter set for February 19, 2003, is continued to Thursday, March 20, 2003, at 3:30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Rebecca Hughes, Esquire For the Plaintiff Carol Lindsey, Esquire For the Defendant :rlm Hess, J. SAIDIS SHUFF, FLOWER & LINDSAY A'ITORN~YS~AT~LAW 26 W. High Street Carlisle, PA THOMAS E. PALLIS, RACHEL S. PALLIS, Plaintiff VS. Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 2001-5796 CIVIL TERM : : IN CUSTODY SUBMISSIONS IN LIEU OF DEPOSITIONS THE parties hereto submit the following documents for consideration by the Court in determining a response to a Petition for Allocation of Costs filed by Plaintiff, Thomas E. Pallis: 2. 3. 4. Affidavit of Rachel Pallis. W-2 statements for 2002 of Rachel Pallis. 2001 Joint Federal Income Tax Return of the parties. Court's Order for support of September 24, 2002 along with the Summary of Trier of Fact. 5. 2002 W-2 statements for Thomas Pallis. 6. Affidavit of Thomas Pallis. SAIDIS, SHUFF, FLOWER & LINDSAY Attomeys for Defendant,.....% ~., ,/,,.--~,/ ~arol J'. Lin-ds~, Esq re ~. - IRWIN, McKNIGHT & HUGHES Attorneys for Plaintiff Rebecca R. Hughes~squire THOMAS E. PALLIS, Plaintiff VS. RACHEL S. PALLIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 01-5796 CIVIL CIVIL ACTION - LAW : : IN CUSTODY IN RE: PETITION FOR ALLOCATION OF COSTS ORDER AND NOW, this 2.! s~ day of March, 2003, the cotat being satisfied that the defendant is not in a financial position to make the requested contribution, the petition of the plaimiff for allocation of costs is DENIED. BY THE COURT, Rebecca Hughes, Esquire For the Plaintiff Carol Lindsay, Esquire For the Defendant ess, J. :rlm SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA THOMAS E. PALLIS, RACHEL S. PALLIS, Plaintiff VS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY; PENNSYLVANIA CIVIL ACTION - LAW NO. 20(:)1-5796 CIVIL TERM : IN CUSTODY ORDER OF COURT AND NOW, this '~ day of ~ 2003, upon consideration of the within Petition for Special Relief, a brief hearing is scheduled for ! THOMAS E. PALLIS, RACHEL S. PALLIS, Plaintiff VS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 2001-5796 CIVILTERM : : IN CUSTODY STIPULATION OF THE PARTIES The parties hereto stipulate as follows: 1. The parties hereto are parents of two children, Rowan Geraldine Pallis, born February 7, 1996, and Jack Thomas Pallis, born May 2, 1999. 2. Custody of the children is governed by a Court Order entered to the above caption on August 19, 2002, a copy of which is attached hereto as Exhibit "A". 3. For the summer of 2003, the parties have agreed that they will share custody on a week on/week off basis. 4. Commencing Monday, June 16, 2003, Thomas E Pallis, hereinafter Father, shall have custody of the children for one week, and Rachel S Pallis, hereinafter Mother shall have custody commencing Monday, June 23, 2003, and so on throughout the summer, provided, however, that Mother shall facilitate Father's vacation plans by providing the children to him on the evening of August 8 through Monday morning August 11 and Father shall provide two (2) full days of make up time to Mother within thirty (30) days from Father's vacation. 5. The periods of alternating weeks ,during the summer shall end on Sunday, August 17, 2003 when Father shall retain custody of the children for his weekend and the terms of the Court's Order of August 19, 2002 shall resume for the school year. 6. The parties intend that the terms of this Stipulation be entered as an Order of Court. Witness: THOMAS E. PALLIS, RACHEL S. PALLIS, Plaintiff VS. Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2001-5796 CIVIL TERM : : IN CUSTODY ORDER OF COURT AND NOW, this day of ~, 2003, upon consideration of the within Stipulation, the terms of the Stipulation are hereby entered as an Order of Court. B~the C,~/'' J THOMAS E. PALLIS, RACHEL S. PALLIS, Plaintiff VS. Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 2001-5796 CIVIL TERM : IN CUSTODY STIPULATION OF THE PARTIES The parties hereto stipulate as follows: 1. The parties hereto are parents of two children, Rowan Geraldine Pallis, born February 7, 1996, and Jack Thomas Pallis, born May 2, 1999. 2. Custody of the children is governed by a Court Order entered to the above caption on August 19, 2002, a copy of which is attached hereto as Exhibit "A". 3. For the summer of 2003, the parties have agreed that they will share custody on a week on/week off basis. 4. Commencing Monday, June 16, 2003, Thomas E Pallis, hereinafter Father, shall have custody of the children for one week, and Rachel S Pallis, hereinafter Mother shall have custody commencing Monday, June 23, 2003, and so on throughout the summer, provided, however, that Mother shall facilitate Father's vacation plans by providing the children to him on the evening of August 8 through Monday morning August 11 and Father shall provide two (2) full days of make up time to Mother within thirty (30) days from Father's vacation. 5. The periods of alternating weeks during the summer shall end on Sunday, August 17, 2003 when Father shall retain custody of the children for his weekend and the terms of the Court's Order of August 19, 2002 shall resume for the school year. 6. The parties intend that the terms o1: this Stipulation be entered as an Order of Court. Witness: ~--~chel S.'Pallis m f ~z)~ma~E. Pallis SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA THOMAS E. PALLIS, Plaintiff VS. RACHEL S. PALLIS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 2001-5796 CIVIL TERM : IN CUSTODY PETITION FOR MODIFICATION NOW comes RACHEL S. PALLIS, by and through her counsel, Saidis, Shuff, Flower & Lindsay, and petitions this Honorable Court as follows: 1. The parties hereto are the parents of two children, Rowan Geraldine Pallis, born February 7, 1996, and Jack Thomas Pallis, born May 2, 1999. 2. On August 19, 2002, this Honorable Court entered an Order, a copy of which is attached hereto as Exhibit "A". 3. Circumstances have changed so that it is in the best interest of the parties' children to alternate weeks of custody between the parties. WHEREFORE, Petitioner prays this Honorable Court this Honorable Court to modify its Order of August 19, 2002. SAIDIS, SHUFF, FLOWER & LINDSAY Attomeys f~Defenda~ BY: ~'~~quire est High Stree[ Carlisle, PA 17013 (717) 243-6222 VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Rachel S. P~lis Date: THOMAS E. PALLIS, Plaintiff VS. RACHEL S. PALLIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-5796 CIVIL CIVIL ACTION- LAW : : IN CUSTODY ORDER AND NOW, this / ~'* day of August, 2002, this matier having been called for hearing, on agreement of the parties it is ordered and directed that the plaintiff father and defendant mother shall share legal custody of their two minor children, Rowan Geraldine Pallis, born February 7, ~996, and Jack Thomas Pallis, born May 2, 1999. Joint legal custody shall include, but not be limited to, the right of both parents to control and to share in making decisions of importance in the life of their children, including educational, medical and religious decisions. Both parents shall be entitled to equal access to school, medical, dental and other important records. Emergency decisions regarding a child shall be made by the parent then having custody. However, in the event of an emergency or serious illness of either of the children at any time, the party then having custody shall immediately communicate w/th the other party by telephone or any other means practical, informing the other pasty of the nature of the illness or emergency, so that the other parent can become involved in the decision-making process as soon as practical. Primary physical custody of the children shall be with theiz father subject to partial periods of custody in the mother as follows: 2002 1. Every other weekend from Friday after work until Monday morning when the children shall return to school or day care, whichever may apply. The first weekend of each month that is scheduled to be the mother's shall be an extended weekend, which shall begin Thursday evening after work through Monday morning. During the week following the mother's weekend, the mother shall have Tuesday evening until after work until 8:30 p.m. 2. Eve~ Thursday evening from after work until 8:30 p.m. and, following the father's weekend, from Monday after work until Tuesday morning at which time the children shall return to either day care or school. 3. The parties shall have the right of first refusal with respect to the exercise of custody and both agree that they will notify the non-custodial parent if they cannot be with a child in excess of three hours. This order shall also reflect other terms and conditions of the agreement of the parties as follows: 1. If the non-custodial parent requests a temporary modification of the schedule, such request will be given to the custodial parent one week in advance. If there is a temporary change in the schedule, the parents agree to make up an equal amount of time within a thirty-day period unless the right to do so is waived. 2. The children should spend time together subject, of course, to activities which are specific to their age and maturity. 3. The parents will display no affection with a non-family third party, boyfriend/girlfriend, in front' of the children. 4. No adult who is not a member of the family will sleep over at the custodial parent's home when the children are present. 4. In the event that there is no school on a Monday following the mother's weekend, the parents agree that the children will be with the mother provided she is available for that entire day. With respect to holidays, the court orders and directs as folloxvs: 1. In even years, including 2002, the children will be with their mother on Thanksgiving. This shall include the period beginning Wednesday evening afte:: work until Monday morning. In odd-numbered years, the father shall have the children for a like period. 2. In even years, including 2002, the children wild be witlh their father on Christmas. This shall include the period commencing at noon on December 24th and ending at noon on December 26th' The m°ther shall have a like period of custody ir, odd.numbered years. 3. Easter, defined as beginning Saturday at noon and ending Monday evening (or Monday morning if there is school), shall also be alternated by the parties with odd-numbered years being in the mother. 4. The same parent who has the children on Christmas shall have the children on New Year's beginning noon on December 31 st until the next school morning. The parties shall meet with Dr. Stanley Schneider in February 2002 for the purpose of working out a summer schedule. In addition, should the children l~tave made a satisfactory adjustment to one extended weekend per month, this shall be expm~ded to two extended 3 weekends per month. The burden shall be on the father to prove that expanded partial custody in the mother is not in the best interest of the children. 5. The parties shall have reasonable telephone contact with the children while they are in the other's custody. The parties shall do nothing that may estrange the children from the other party or hinder the natural development of the children's love or affection for the other party including the making of disparaging remarks concerning the other party. 6. The parties shall transport the children as heretofore. BY THE COURT, Rebecca Hughes, Esquire For the Plaintiff Thomas S. Diehl, Esquire For the Defendant :rim 'SS, J tRUE COPY FROM RE:C'~ORD In Testlr~cmy wl)ereof, I here unto and the se~{ of ~ Cou~ at ~, SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Streel Carlisle, PA THOMAS E. PALLIS, RACHEL S. PALLIS, Plaintiff VS. Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 2001-5796 ClVIL TERM : IN CUSTODY CERTIFICATE OF SERVICE _ ..~ AND now, this ~=~-_~-#~" .day of /~ , 2003, I, Carol J. Lindsay, Esquire, of the law firm of Saidis, Shuff, Flower & Lindsay, Attorneys, hereby certify that I served the within Petition for Modification this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Rebecca R. Hughes, Esquire IRWIN, McKNIGHT & HUGHES 60 West Pomfret Street Carlisle, PA 170,13 SAIDIS, SHUFF, FLOWER & LINDSAY Attomeys for Defendant Ca~i'~ Lindsay, Esquire I D# 44693 26 West High Street Carlisle, PA 17013 (717) 243-6222 THOMAS E. PALLIS PLAINTIFF V. RACHEL S. pALLIS DEFENDANT IN THE COURT OF COMMON PLEAS OF cUMBERLAND COUNTY, PENNSYLVANIA : 01-5796 CIVIL ACTION LAW IN CUSTODY ORDER OFCOURT AND NOW, _ We~July 30,~2003 _, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before J_ae~9~ueline M. Ve~, the conciliator, Friday, August 29, 2003 at 1:30 PM berland County Courthouse, Carlisle on ~ ' at. 4th Floor, Cum0erlanu ~.oum ~-. ~ ,~ -, ...m ~'e made to resolve the issues in dispute, or for a Pre-Hearing Custody Conference. At such comerence, an erroLL w,~. L, ' if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, · ' r prior to scheduled hearing. Special Relief orders, and Custody orders to the c°ncdmt° 48 hours FOR TIlE coURT. By: /_2s/ ~Jacqueline M. Verney, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE TItlS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FiND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 SEP 2 4 2003 THOMAS E. PALLIS, Plaintiff V. RACHEL S. PALLIS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2001-5796 CIVIL TERM : : IN CUSTODY ORDER OF COURT AND NOW, this ~{~"t~ day of ~t/_x~A.~ ,2003, upon consideration of the attached Custody Concthatlon Report, it is ordered and directed as follows: 1. A Hearing is sche4uled in Court ]~oom No. iT/ , qfthe Cumberland County Court House, on the ~,ff~] day of~, 2~0~, at Q ;~67 o'clock, t~F. M., at which ti~mony will betaken. F~ purposes of this Hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Heating and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Heating date. 2. The prior Order of Court dated August 19, 2002 shall remain in full force and effect with the following additional provision: 3. In the event Mother desires an updated custody evaluation, the parties shall cooperate with said updated custody evaluation to be performed by Dr. Stanley Schneider, submitting themselves, the children and any other individuals requested by the evaluator. It is understood that Mother is willing to contribute one half of the cost of said update, but will advance all costs, with the proviso that the Court will ultimately decide the parties' proportionate share of the cost for the evaluation. 4. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent or subsequent Order of Court, the terms of this Order shall control. BY THE COURT, cc: Rebecca R. Hughes, Esquire - Counsel for ~/ather Carol J. Lindsay, Esquire - Counsel for Mother THOMAS E. PALLIS, Plaintiff V. RACHEL S. PALLIS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2001-5796 CIVIL TERM : : IN CUSTODY PRIOR JUDGE: Kevin A. Hess, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Rowan Geraldine Pallis Jack Thomas Pallis February 7, 1996 Father May 2, 1999 Father 2. A Conciliation Conference was held on September 23, 2003 with the following individuals in attendance: The Father, Thomas E. Pallis, with his counsel, Rebecca R. Hughes, Esquire, and the Mother, Rachel S. Pallis, with her counsel, Carol J. Lindsay, Esquire. 3. A prior Order of Court was entered by the Honorable Kevin A. Hess, dated August 19, 2002, providing for shared legal custody, Father having primary physical custody and Mother having 9 overnights every 28 days and evenings during the week. The parties exercised a week on/week off arrangement during the summer. 4. Mother filed a Petition for Modification seeking shared physical custody on a week on/week off basis. Mother's position on custody is as follows: she insists that her mental outlook has vastly improved. She has discovered that Father also had a prior mental health problem. She has moved into the same housing development as Father. She is willing to pay one half of the expense for an updated custody evaluation by Dr. Schneider. She believed that the summer schedule was positive for the children. During Mother's week of physical custody, she is willing to drop the children with Father every weekday morning. 5. Father's position on custody is as follows: Father is opposed to week on/week off. He requests that the status quo continue. During the summer~ the shared physical arrangement required Mother to wake the children early and drop ihem off at Father's, disrupting their sleep. Father indicates that Jack, their four year old son, kicks, hits and spits at his Mother at exchanges. Father maintains that Mother continues to expose the children to multiple men who sleep over with the children in the home, in violation of the Court Order. Father has difficulty reaching Mother because she only has a cell phone and no land service at the home. Father refuses to contribute to an updated custody evaluation, arguing that he paid the entire amount for the initial evaluation. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing, and continuing the prior Order. It is expected that the Hearing will require one day. Date ~ q(dline M. Vemey, Esquire Custody Conciliator THOMAS E. PALLIS, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RACHEL S. PALLIS, DEFENDANT : 01-5796 CIVIL TERM AND NOW, this ORDER OF COURT day of December, 2003, the within petition for special relief, IS DENIED. Rebecca H. Hughes, Esquire For Plaintiff Carol J. Lindsay, Esquire For Defendant :sal By the~ Edgar B. By, J. THOMAS E. PALLIS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COIFNTY, PENNSYLVANIA vs. : 01-5796 CIVIL : CIVIL ACTION - LAW RACHEL S. PALLIS, : Defendant : IN CUSTODY ORDER AND NOW, this q · day of February, 2004, at the request of counsel for the plaintiff and with the concurrence of counsel for the defendant, the hearing in the above captioned matter set for February 6, 2004, is continued to Friday, April 23, 2004, at 9:30 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE C. OURT, ebecca Hughes, Esquire For the Plaintiff ~Carol Lindsay, Esquire For the Defendant :rlm K;vin¢ . ~ie-ss.~J.~ ~0:1 ~d "I- ~ki¥LONOFLLOBd 301::L40'O391:1 THOMAS E. PALLIS, Plaintiff RACHEL S. PALLIS, Defendant AND NOW, this g ! ordered as follows: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-5796 CIVIL CIVIL ACTION - LAW IN CUSTODY ORDER day of May, 2004, after a hearing on the matter, it is hereby 1. The parties hereto, plaintiff Thomas E. Pallis, (hereinafter father), and defendant Rachel S. Pallis, (hereinafter mother), shall share legal custody of their children, Rowan Geraldine Pallis, born February 7, 1996, and Jack Thomas Pallis, born May 2, 1999. Joint legal custody shall include, but not be limited to, the right of both p~ents to control and to share in making decisions of importance in the lives of their children, including educational, medical and religious decisions. Both parents shall be entitled to equal access to school, medical, dental and other important records. Emergency decisions regarding a child shall be made by the parent then having custody. However, in the event of an emergency or serious illness of either of the children at any time, the party then having custody shall immediately communicate with the other party by telephone or by any means practicable, informing the other party of the nature of the illness or emergency, so that the other parent can become involved in the decision-making process as soon as practical. School personnel shall contact either parent in the event of a child's illness or accident. 2. The parties shall share physical custody of their children, exchanging the children at school or daycare on Monday mornings. During each week, the non-custodial parent shall enjoy a period of partial custody with the children on Wednesdays from after school (3:30 p.m. in the summer) or work until 8:30 p.m. The party enjoying physical custody on Wednesday evening shall provide transportation. The alternating week schedule shall commence with father having custody of the children from June 7, 2004, until June 14, 2004, and mother having custody of the children from June 14, 2004, until June 21, 2004, and so on. 3. The parties shall observe the following holiday schedule: a. Mother's Day shall be with mother and Father's Day shall be with father from 10:00 a.m. until Monday morning when the regular schedule of custody resumes. b. On Labor Day and Memorial Day, holidays which fall on a Monday, custody of the children will be enjoyed by the parent who had custody of them for the preceding weekend. That parent shall maintain custody of the children until Tuesday morning when that parent shall deliver the children to daycare, school or the other parent as appropriate. c. The Thanksgiving holiday will be alternated on a year-to-year basis. The holiday shall begin on Wednesday after school until Tue:sday morning when the children return to school. Father shall have custody oftl~te children on the Thanksgiving holiday in odd-numbered years and mothe:r shall have custody of the children in even-numbered years. d. Christmas shall also be alternated. One party shall enjoy custody of 2 the children from December 24th at noon until noon on December 26th. Father shall have custody of the children for this period of time in even years and mother shall have custody of the children in odd years. At noon on December 26th the regular weekly custodial schedule shall continue. e. New Year's Eve. The parties will alternate custody of the children on New Year's Eve from noon until the morning of JanumT 2nd when the regular custody schedule will resume, commencing with custody in the father for 2004/2005. f. The parties will alternate the Easter holiday. The holiday will run from the Thursday before Easter after work until the morning after Easter before work when the children will be returned to daycare, to school or to the custody of the parent if he or she is not workintg on that day. Mother will have custody of the children for the Easter holiday in odd years and father will have custody of the children in even years. g. Custody of the children for all other holidays, days offschool or birthdays shall follow the regular custody schedule. 4. The parties shall have the right of first refusal with respect to the exercise of custody and both agree that they will notify the non-custodial parent if they cannot be with the children in excess of three hours. 5. The parties shall have reasonable telephone contact with the children while they are in the other party's custody. 3 6. The parties shall do nothing that may estrange the children from the other party or hinder the natural development of the children's love or affection for the other party, including the making of disparaging remarks concerning the other party. BY THE 2OURT ~'R/ebecca Hughes, Esquire For the Plaintiff ~arol Lindsay, Esquire For the Defendant :rlm o$-,,ql .Oq 4 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA THOMAS E. PALLIS, RACHEL S. PALLIS, Plaintiff VS. Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBEI~LAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2001-5796 CIVIL TERM : : IN CUSTODY STIPULATION OF THE PARTIES THROUGH THEIR COUNSEL The parties hereto, through their counsel, stipulate as follows: 1. They are the parents of Rowan Geraldine Pallis, born February 7, 1996, and Jack Thomas Pallis, born May 2, 1999. 2. For the summer of 2004, Rachel S. Pallis, hereinafter Mother, shall retain custody of the chilldren from July 17 through July 21 at 3:00 p.m. in Cape May, New Jersey. Within five days of the date of this agreement the parties will identify a precise location in Cape May where the exchange shall take place. 3. Father shall have the children for a period of vacation from 3:00 p.m. on July 21 through July 24. 4. In exchange for Father's willingness to share, the week of custody with Mother to accommodate her vacation, Father shall have custody of the children on October 7, 8, 9 and 10 when he intends to take the children on another vacation. Mother will have custody of the children for 2 additional days in 2004, which days would otherwise be during Father's custodial time. Mother SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA Date Date will give Father 20 days advance notice of the dates on which she intends to have the children for 2 days. In future years, the parties will arrange to take their vacations during the weeks of custody with the children. Carol J. ~n~say, Esquire Afforney~ Defendant R Esquire A~orn~r ~laintiff THOMAS E. PALLIS, Plaintiff VS. RACHEL S. PALLIS, Defendant IN THE! COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001-5796 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this /z, day of - .~ , 2004, upon consideration of the within Stipulation, the terms thereof are hereby made an Order of Court. By the Court, SAIDIS SttUFF, FLOWER & LINDSAY 26 W. High Slreet SAIDIS SHUFF, FLOWER & LINDSAY 26W. High Street Carlisle, PA THOMAS E. PALLIS, RACHEL S. PALLIS, Plaintiff VS. Defendant IN THE COURT OF COMMON PLEAS OF CUMBE-'RLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001-5796 CIVIL TERM : IN CUSTODY STIPULATION OF THE PARTIES THROUGH THEIR COUNSEL The parties hereto, through their counsel, stipulate as follows: 1. They are the parents of Rowan Geraldine Pallis, born February 7, 1996, and Jack Thomas Pallis, born May 2, 1999. 2. For the summer of 2004, Rachel S. Pallis, hereinafter Mother, shall retain custody of the children from July 17 through July 21 at 3:00 p.m. in Cape May, New Jersey. Within five days of the date of this agreement the parties will identify a precise location in Cape May where the exchange shall take place. 3. Father shall have the children for a period of vacation from 3:00 p.m. on July 21 through July 24. 4. In exchange for Father's willingness to share, the week of custody with Mother to accommodate her vacation, Father shall have custody of the children on October 7, 8, 9 and 10 when he intends to take the children~ on another vacation. Mother will have custody of the children for 2 additional days in 2004, which days would otherwise be dudng Father's custodial time. Mother will give Father 20 days advance notice of the dates on which Date she intends to have the children for 2 days. In future years, the parties will arrange to take their vacations during the weeks of custody with the children. -- : Carol J. Lin~lsay, Esquire AttorneyJof Defendant Attorn~tf r Plaintiff ' SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA THOMAS E. PALLIS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 2001-5796 CIVIL ACTION LAW C ? rmca RACHEL S. PALLIS ?-? IN CUSTODY c?nr- o ®o DEFENDANT ORDER OF COURT --) AND NOW, Monday, January 31, 2011 upon consideration of the attached Complain ' it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, February 28, 2011 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Jacqueline M. Verne Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association - - oZ0/I y? ( S 32 South Bedford Street - ` V Carlisle, Pennsylvania 17013 V M? Telephone (717) 249-3166 -? THOMAS E. PALLIS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW RACHEL S. PALLIS, : NO. 2001-5796 CIVIL TERM Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of 2011, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. , of the Cumberland County Court House, on the me day of , 2011, at / 0 , CIy o'clock, ?. M., at which time testimony will a taken. For purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the Hearing date. 2. The Order of Court of the Honorable Kevin A. Hess dated May 21, 2004 shall remain in full force and effect with the following modifications. 3. The parties shall cooperate with an updated custody evaluation. Father shall be responsible for initial payment, to be ultimately apportioned by Order of Court. 4. The parties shall cooperate with therapeutic family counseling. Mother shall be responsible for co-pays for the child and the child and Mother. Father shall be responsible for co-pays for child and Father. 5. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. -' l rr? BY THE COURT, r - -?c i., £-. r J. cc Michael A. Scherer, Esquire, counsel for Fat r ? Sean M. Shultz, Esquire, Counsel for Moth copies yna.? Pcl 3la /r? THOMAS E. PALLIS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW RACHEL S. PALLIS, : NO. 2001-5796 CIVIL TERM Defendant IN CUSTODY PRIOR JUDGE: Kevin A. Hess, P.J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Rowan Geraldine Pallis February 7, 1996 shared Jack Thomas Pallis May 2, 1999 shared 2. A Conciliation Conference was held February 28, 2011 with the following individuals in attendance: The Father, Thomas E. Pallis, with his counsel, Michael A. Scherer, Esquire, and the Mother, Rachel S. Pallis, with her counsel, Sean M. Shultz, Esquire. 3. The Honorable Kevin A. Hess previously entered an Order of Court dated May 21, 2004, providing for shared legal custody and shared physical custody on a week on/week off basis. 4. Father's position on custody is as follows: Father seeks shared legal and primary physical custody, with Mother having periods of partial physical custody. Father maintains that Mother has been in several different relationships with men and has just relocated the children to the current boyfriend's home. Father reports that the children are not comfortable with Mother's new boyfriend. The relocation, although to North Middleton Township from South Middleton Township, causes logistical issues transporting the children to their sporting and extracurricular activities. Father also suggests an updated custody evaluation. Father agrees to cooperate with therapeutic family counseling. 5. Mother's position on custody is as follows: Mother seeks to maintain the status quo of shared legal and shared physical custody. Mother alleges that Father is alienating the children from her, undermining her authority and cites text messages from Father to daughter as evidence. Mother is seeking equal access to the Father's and child's cell phone messages. Mother suggests therapeutic family counseling, with which Father agrees. Mother agrees with the updated custody evaluation. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and maintaining shared legal and shared physical custody, with an updated custody evaluation and therapeutic family counseling. It is expected that the Hearing will require one day. ,?? - -,-? k - / 1 454?? AL1-??- Date acq line M. Verney, Esquire Custody Conciliator THOMAS E. PALLIS, Plaintiff V. RACHEL S. PALLIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-5796 CIVIL TERM 4 'Vx v CIVIL ACTION-LAW s C IN CUSTODY Q r? v a. ORDER OF COURT v? --1 r-n AND NOW this day of _'y" _11u , 2011, upon consideration of the within Motion for Continuance, the hearing set in this matter for June 2, 2011 at 10:00 a.m. is hereby continued until the 2? day of _ 2011 at ILI" 30 a.m./tea.- in Courtroom No. of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, Kevin A.:' ess, P.J. Michael A. Scherer, Esquire Baric Scherer 19 West South Street Carlisle, Pennsylvania 17013 5'3o'I' orb [J n -1 M_ ?v b, zica o -n q h -i ? b Sean M. Shultz, Esquire 4 Irvine Row Carlisle, Pennsylvania 17013