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03-0851
Rodge~ F_. sgdgno~i ,)~'' ptaintifl Kyra A. Sgdgnoli, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS in court. If you wish to defend against the claims set forth in the tion You a~ w ea that if ~ou hil to do so, You ha~e been sued . .~.~ ~om~t ae ' ~ ~:.,~,ce o~ ~u~meat maybe eate~ed ced wi~out you ~d a decree o~ u" against you by ~e coug. the plaintiff. You may lose money or relief requested in ~ese papers b~ncluding custody or ~isDafiOn of ~our children. claim or or other rightS impogant to you, . A Est of manage counselors is propegy d Dr the divorce is indi~ities or i~etdevable bre~dOWn of ~e ~en ~e ~oun __+ ~ 'due counsehng. Squ~e, Carlide, p e~Sy~aff;a manage, you may t~u at l Co,house a~ailable in the Office of the prothonotaU ' OF pRoPERTY, 17013. IF yOU DO NOT FILE A CLAIM FOR ALIMO~, DIVISION LA~ER,S FEES OR EXPENSES BEFORE A DIvoRCE OR A~ULMENT IS G~NTED, yOU MAY LoSE THE RIGHT TO CLAIM ANY OF THEM. yOU sHoULD TAKE THIS pAPER TO yoUR LA~ER AT oNCE. IF yOU DO NOT HAVE A LA~ER OR CA~OT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE sET FORTH BELOW TO FIND oUR ~ERE yOU CAN GET LEGAL HELP. Cumberland Co. Bar Assoe2 2 Libe~Y A~e. Carlise, PA 17013 tN 't't-tP_. COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA, DOMESTIC RELATIONS SECTION RODGER E. SGRIGNOLI JR. Plaintiff Docket Number VS. KYRA A. SGRIGNOLI Defendant COMPLAINT FOR CUSTODY The Plaintiff is Rodger E. Sgrignoli Jr., residing at 11 North Enola Drive, Enola, PA 17025, Cumberland County. The Defendant is Kyra A. Sgrignoli, residing at 424F Duke Street, Enola, PA 17025, Cumberland County. Plaintiff seeks custody of the following children: a. Christian T Sgrignoli, 11 N Enola Drive & 424F Duke Street, Enola, PA 13 years old b. Tyler J Sgrignoli, 11 N Enola Drive & 424F Duke Street, Enola, PA 9 years old (Hereinafter referred to collectively as "the children") The children were not born out of wedlock. The children presently reside with the Plaintiff and Defendant about 50% of the time. During the past five years, the children have resided with the Plaintiff and Defendant at 11 North Enola Drive, Enola, PA. The mother of the children is the Defendant. She is still married to the Plaintiff pending divorce proceedings. The father of the children is the Plaintiff. He is still married to the Defendant pending divorce proceedings. 4. The relationship of plaintiff to the children is that of biological father/sons. 7'he plaintiff currently is living alone. 5. The relationship of defendant to the children is that of biological mother/sons. The defendant CUrrently is living alone. 6. Plaintiff has not participated as a party or Witness, or in another capacity, in other litigations COncerning custody of the children in this or another court. Plaintiff has no information of a custody Proceeding COncerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitations rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because Defendant has been diagnosed with maniac-depression, also known as bi-polar disorder with no know cure, is prescribed 600 mg of lithium daily, and consumes alcoholic beverages against Psychologist orders, 8. Each parent whose parental rights of the children have not been terminated and the person who has physical custody of the children have been names as Parties to this action. WHEREFORE, plaintiff requests the court to grant custody of the children. I verify that the statements made in the Complaint are true and correct. understand that false statements herin are made subject to the penalties of 18Pa. C.S. § 4904, relating to unsworn falsifications to authorities. Respectfully Submitted, Dated: February 26, 2003 Pl~f~"'-' ".J~,~,]oll Jr., CPA, IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA, DOMESTIC RELATIONS SECTION RODGER E. SGRIGNOLI JR. Plaintiff Docket Number: 03-851 KYRA A. SGRIGNOLI Det'end~t PLAINTIFF'S REQUEST FOR SPECIAL RELIEF On February 26, 2003, at 9:34 this complaint was filed seeking custody of Christian T. Sgrignoli & Tyler J. Sgrignoli. (hereinafter referred to collectively as 'children"), See Exhibit A, Complaint. On February 26, 2003, at about 10:00 a.m., Defendant and Counsel receive said complaint. On February 26, 2003, at about 3:00 p.m., Plaintiff notifies East Pennsboro Middle School Principal, Stephen A. Andrejack, lhat son, Christian was illegally held from school by Defendant, Principal agrees with Plaintiff, see Exhibit B, Principal E-Mail. 4. On February 26, 2003, at about S:10 p.m., Plaintiff arrives home to empty house. As is case when Defendant work~s, children walk to father's house from school and spend the evenings/nights with Plaintiff. On February 26, 2003, Defendant was scheduled to work from 1:00 p.m. to 9:00 p.m. On February 26, 2003, at about 5:11 p.m., Plaintiff telephones Defendant at work seeking the "whereabouts'" of children. Defendant notifies Plaintiff children are with *a friend", and to not worry about them. _Plaintiff immediately notifies Defendant that this is unacceptable. Defendant hangs-up. In said complaint, Plaintiffs makes allegation=s of maniac-depression, and accompanying alcohol abuse. Exhibit C confirms these allegations. Welfare of said children is in jeopardy, and since litigation ,,vas filed, parental rights of Plaintiff have been violated. WHEREFORE, based upon evidence provided, it is respectfully requested that special relief be granted in accordance with Rule 1915.13 of the Pennsylvania Rules of Civil Procedure, Action For Custody, and Title 23 Pa.C.S.A. § 5303, and an order for temporary custody be granted to Plaintiff, until this matter can be propady heard. Respectfully Submitted, Plaintiff Cc: Susan Kay Candiello, alleged counsel of Defendant CERTFICATE OF SERV~!~ I, Rodger E. Sgrignoli Jr., Plaintiff, hereby certifies that a copy of the foregoing Plaintiff's Request For Special Relief was served this date by depositing same in the Post Office at Enola, PA, first class mail, postage prepaid, addressed as follows: Ms. Kyra A. Sgrignoli 424F Duke Street Enola, PA 17025 Susan Kay Candiello, Esquire 5021 East Trindle Road Suite 100 MechanicSburg, PA 17055 By Rodg~ E~ ~grignoli'jr., CPA 11 North Enola Drive Enola, PA 17025 (717) 732-6235 Dated: February 27, 2003 EXHIBIT A Rodger E. Sgrignoli Jr., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA, DOMESTIC RELATIONS SECTION Vs. Kyra A. Sgrignoli, Defendant Docket #: ACTION OF -Dt~VOReE :'., NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are wazmed that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgnnent may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the gn-ound for the divorce is indignities or irretrievable breakdown of the man'iage, you may request marriage counseling. A list ofman-iage counselors is available in the Office of the Prothonotary at 1 Courthouse" ,>quare, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCF! OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THiS PAPER TO YOUR LAWYER AT ONCE. IF YO'U DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, CiO TO OR TELEPHONE THE OFFICE SET FORTHE BELOW TO FIND OUR WHERE YOU CAN GET LEGAL HELP. Cumberland Co. Bar Assoc. 2 Liberty Ave. Carlise, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA, DOMESTIC RELATIONS SECTION RODGER E. SGRIGNOLI JR. Plaintiff Docket Number VS. KYRA A. SGRIGNOLI Defendant COMPLAINT FOR CUSTODY 1. The Plaintiff is Rodger E. Sgrignoli Jr., residing at 11 North Enola Drive, Enola, PA 17025, Cumberland County. 2. The Defendant is Kyra A. Sgrignoli, residing at 424F Duke Street, Enola, PA 17025, Cumberland County. 3. Plaintiff seeks custody of the following children: a. Christian T Sgrignoli, 11 N Enola Drive & 424F Duke Street, Enola, PA 13 years old b. Tyler J Sgrignoli, 11 N Enola Drive & 424F Duke Street, Enola, PA 9 years old (Hereinafter referred to collectively as. "the children") The children were not born out of wedlock. The children presently reside with the Plaintiff and Defendant about 50% of the time. During the past five years, the children have resided with the Plaintiff and Defendant at 11 North Enola Drive, Enola, PA. The mother of the children is the Defendant. She is still married to the Plaintiff pending divorce proceedings. The father of the children is the Plaintiff. He is still married to the Defendant pending divorce proceedings. 4. The relationship of plaintiff to the children is that of biological father/sons. The plaintiff currently is living alone. 5. The relationship of defendant to the children is that of biological mother/sons. The defendant currently is living alone. 6. Plaintiff has not participated as a party or Witness, or in another capacity, in other litigations concerning custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or clairns to have custody or visitations rights with respect to the children. The best interest and permanent welfare of '[he children will be served by granting the relief requested because Defendant has been diagnosed with maniac-depression, also known as bi-polar disorder with no know cure, is prescribed 600 mg of lithium daily, and consumes alcoholic beverages against Psychologist orders. Each parent whose parental rights of the children have not been terminated and the person who has phySical custody of the children have been names as parties to this action. WHEREFORE, plaintiff requests the court to grant custody of the children. I verify that the statements made in the Complaint are true and correct. I understand that false statements herin are made subject to the penalties of 18Pa. C.S. § 4904, relating to unsworn falsifications to authorities. Respectfully Submitted, Dated: February 26, 2003 Rodger E. Sgrignoli Jr., (.SPA, Plaintiff EXHIBIT B MSN Hotmail - Message Page 1 of 1 MSN Home I My MSN I Hotmail I Search I Shopping I Money I People&Chat ~H°me..~Inb°x-~'ComposeTContacts] Options Help rodgersgrignoli@hotmail.com Free Newsletters I MSN Featured Offers I Find Message Save Address(es)] BlockI Previous Next I Close From: "STEPHEN ANDRE3ACK" <SANDRE3A@epasd.org> Subject: ~e'i'ch;i~ti'~ ~;i~i~O~l~ia~;~'~/2~iO~3 Roger, I'll talk with Mrs. McDonald about this and get back to you our answer. T agree wi~h you on this but need to research with Deb what we have done in past and how we are handling this absence. Sorry to hear of this as I was not aware of szEuarion. Take care! Stephen A. Andrejack Principal East Pennsboro Middle School 529 North Enola Drive Enola, PA 17025 (717)732-0771 E-mail: sandr~a@epasd.kl2.pa.us >>> "Rodger Sgrignoli" <rodgersgrignoli@hotmail.com> 02/26/03 03:54PM >>> Hi Steve: Christian did not have my permission to miss school today. His mother kept him off in order to attend a child support hearing today. There was no order requiring him to attend and I warned his mother last month when she did 5his to not keep him off school again. What can I do to keep her ~rom doing this in the future. Thanks, Rodger STOP MORE SPAM with the new MSN 8 and get 2 months FREE* http://join.msn.com/?page=features/junkmail s~On o~t~ Search the 1 Who are Search h for family Explore M MSN Hom Autos Business Buy Ticket Careers City Guide Download Entertainm Find Frien Games Greeting C Health Horoscope House & H Instant Me lnternet A Kids Learning & Love & Re Haps & D MSN 8 [nt News Send Non Shop AT& Shopping Sports by Travel Women Reply I Reply All I FOrWard I Delete Il.Put in Folder... ~ Previous Next I Close MSN - More Useful Everyday MSNHome I My MSN I Hotmail I Search I Shopping J Money I People&Chat © 2003 Microsoft Corporation. All rights reserved. TERMS OF USE Advertise TRUSTe Approved Privacy Statement GetNetWise http://by2fd.bay2.hotmail.msn.com/cgi_bin/getmsg?curmbox=F000000001 &a=3d36160fa563 2/26/2003 EXHIBIT C ckson stroenterology Specialist in Digestive and Liver Disorders Frank W. Jackson, MD, FACG E Wilson Jackson, MD August 11, 1999 Jerome L. Korinchak, M.D. Greenhill Family Health Center 503 Bridge Street New Cumberland, PA 17070-1931 Dear Jerry: Kyra Sgrignoli was seen because of episodes of gastroesophageal reflux. She was seen on one occasion and endoscopy was performed. She did not keep the follow up visit. Her diagnoses are: 2. 3. 4. Gastroesophageal reflux without histologic evidence of Barrett's esophagus Mild esophageal stricture, S/P dilation Depression Hypothyroidism Her medical program is: 1. Esophageal dilatation 2. Continue Prilosec 20 mg OD This patient has had several months of reflux symptoms with heartburn. She additionally has had some dysphagia with meat. Her past history is positive :for depression and hypothyroidism. Upper endoscopy exam showed some mild esophagitis confirmed with biopsy. However, Barrett's esophagus was not identified. She was dilated with a 1.7 cm dilator. She did not keep a follow up visit. Hopefully she has done well with dilatation and continued Prilosec therapy. me. Thank you for the opportunity to see Ms. Sgrignoli. If you have any questions, please call FWJ/pfu CC: Kyra A. Sgrignoli Sincerely, Frank W. Jackson, M.D. 423 N. 21st. Street, Suite 100, Camp Hill, PA 17011 Telephone (717) 761-0930 Fax (717) 761-0465 E-mail info@gicare.com Web www. gicare.com Wa61 LOOK FOR US. W~'LL GtET YOU TH~ERE. P.O. Box 1711. Harrisburg. PennsuIvania 17105-1711 Member FDIC KYRA A SGRIGNOLI 11 N ENOLA DR ENOLA PA 17025-2516 STATEMENT DATE 7/12/01 2263 PAGE **TRANSACTION ACCOUNT SUMMARY** ACCOUNT NUMBER TYPE OF ACCOUNT: INTEREST PAID ANNUAL PERCENTAGE YIELD DAYS IN CYCLE AVERAGE BALANCE YEAR TO DATE EARNED (APYE) 0900039843 TOTALLY FREE 28 436.27 0960007228 SAVER'S ADVANTAGE .00 .00 ~ 19 .00 -¥?~-6F-X~6ONYT--T6TX[[~-Fi[~ ................... X~65~T~--6~666~§i~ ............. ~6~D~[~ .... ¥6 ........................ PREVIOUS BALANCE DEPOSITS WITHDRAWALS CHARGES 883.30 1,0/8.02 1.341.01 .00 DATE ACTIVITY DESCRIPTION DEPOSITS 6/18/01 CHECK #2290 ~ 6/20/01 CHECK #2291 6/20/01 CHECK #2292 6/20/01 CHECK #2293 6/22/01 MONEY ACCESS SER/DDA TR6043 6/22/01 6/25/01 6/25/01 6/25/01 6/26/01 6/26/01 6/27/01 401ENOLA RD ENOLA PA MONEY ACCESS SER/DOA TR6043 401ENOLA RD ENOLA PA DOA 062042 UNI-MART #4204 ENOLA PA DDA 039041 WINE & SPIRITS 210 ENOLA PA DDA 000110 GIANT FOOD #110 CAMP HILL PA CHECK #2294 CHECK #2295 POS PURCHASE CHK/EFT TRANS 09123 463 N ENOLA RTS 11 ENOLA PA LENSCRAFTERS/BI DEP 629 POS PURCHASE CHK/EFT TRANS 069352 NATHAN'S CAFE ENOLA PA ATM WITHDRAWAL/EFT TRANS CB0046 EAST PENN DRIVE ENOLA PA POS PURCHASE CHK/EFT TRANS 200158 429 NORTH ENOLA DR ENOLA PA POS PURCHASE CHK/EFT TRAMS 09123 463 N ENOLA RTS 11 ENOLA PA 28.04 6/28/01 6/28/01 507.28 6/29/01 6/29/01 6/29/01 INTEREST ENDING BALANCE .00 620.31 WITHDRAWALS 9.90 248.96 40,51 10.60 20.00 15.00 7.41 4.55 282.85 12.11 10.59 15.22 41.50 20.97 4.20 BALANCE 873.40 524.44 483.93 473.33 501.37 481.37 466.37 458.96 454.41 1/1.56 159.45 148.86 656.24 641.02 599.52 578.55 5/4.35 POD-502 (6/01) Custom;r S;rvic; TolI-Fre~ 1-866-WAYPOINT (I-866-9;~9_76Z~6) . In York ArEa 717/815-4500 www. waupointbank.com Wag ip t LOOK FOR US. WE'LL GET YOU THERE. P.O. Box 1711, Harrisburg, Pennsglvania 17105-1711 Member FDiC I,,,111,,,111,,,,,I,1,1,1,,,I,1,1,1,,,,11,11,,,,,111 KYRA A SGRIGNOLI 11 N ENOLA DR ENOLA PA 17025-2516 2363 STATEMENT DATE 7/13/01 PAGE TOTALLY FREE 0900039843 - - ACCOUNT 0900029843 CONTINUED - - DATE ACTIVITY DESCRIPTION DEPOSITS WITHDRAWALS 7/02/01 POS PURCHASE CHK/EFT TRANS 09123 67.76 463 N ENOLA RTS 11 ENOLA PA 7/02/01 POS PURCHASE CHK/EFT TRANS PC0113 37.26 GIANT FOOD #11ENOLA PA 7/02/01 POS PURCHASE CHK/EFT TRANS 045079 13.77 WINE & SPIRITS 210 ENOLA PA 7/02/01 POS PURCHASE CHK/EFT TRANS 088259 7.94 443 H N ENOLA RR ENOLA PA 7/02/01 CHECK #2296 42.35 7/02/01 CHECK #2299 30.95 7/02/01 CHECK #2298 20.98 7/02/01 CHECK #2297 19.22 7/05/01 POS PURCHASE CHK/EFT TRANS 09123 34.49 463 N ENOLA RTS 11 ENOLA PA 7/05/01 POS PURCHASE CHK/EFT TRANS PN12 15.00 459 N ENOLA RD ENOLA PA 7/05/01 POS PURCHASE CHK/EFT TRANS 050226 14.62 37 CARLISLE ROAD NEWVILLE PA 7/05/01 POS PURCHASE CHK/EFT TRANS 074782 12.18 BEER AND SODA DEPO ENOLA PA 7/06/01 POS PURCHASE CHK/EFT TRANS 051208 20.00 GINGERBREAD MAN RI WORMLEYSBURG PA 7/06/01 POS PURCHASE CHK/EFT TRANS PC0113 17.17 GIANT FOOD #11 ENOLA PA 7/09/01 POS PURCHASE CHK/EFT TRANS PC0113 10,53 GIANT FOOD #11 ENO[A PA 7/09/01 POS PURCHASE CHK/EFT TRANS VISATE 4.94 BOSCOV'S #012 CAMP HILL PA 7/09/01 POS PURCHASE CHK/EFT TRANS 396200 3,91 MOVIE MERCHANTS ENOLA PA 7/10/01 POS PURCHASE CHK/EFT TRANS 200158 16,27 429 NORTH ENOLA DR ENOLA PA 7/11/01 POS PURCHASE CHK/EFT TRANS 051006 7.41 WINE & SPIRITS 210 ENOLA PA 7/12/01 LENSCRAFTERS/PLC DEP 542.60 BALANCE 506.59 469,33 455.56 447.62 405.27 374.32 353.34 334.11 299.62 284,62 270.00 257.82 227.82 210.65 200.12 195.18 191.27 175.00 167.59 710,19 POD-502 (6/01) Customer Service Toll-Free 1-866-WAYPOINT (I-866-9;=9.764,6) · In York ArEa 717/815-4500 www.wagpointbank.com LOOK FOR US, WE'LL GET YOU THERE. P.O. Box 1711, Harrisburg, Pennsglvania 17105-1711 Member FDiC KYRA A SGRIGNOLI 11 N ENOLA DR ENOLA PA 17025-2516 5164 STATEMENT DATE 4/13/01 PAGE 1 **TRANSACTION ACCOUNT SUMMARY** ACCOUNT NUMBER TYPE OF ACCOUNT: INTEREST PAID ANNUAL PERCENTA,3E YIELD DAYS IN CYCLE AVERAGE BALANCE YEAR TO DATE EARNED (APYE) 0900039843 TOTALLY FREE 31 391.43 0960007328 SAVER'S ADVANTAGE .00 .00 % 19 .00 -T~F[-6[-X[[66~TT--TB~E[~-F[~ ................... X[[6~[TF'-66666~§[§ .............. [~[EB§~[~ ..... 7 ........................ PREVIOUS BALANCE DEPOSITS WITHDRAWALS CHARGES INTEREST ENDING BALANCE 354.35 818.42 88664 .00 .00 286.13 DATE ACTIVITY DESCRIPTION DEPOSITS WITHDRAWALS BALANCE 3/19/01 DDA B235Bu 32.01 322.34 455-K-N ENOLA RD ENOLA PA 3/21/01 DDA 000113 ,~/// 60./9 261.55 GIANT FOOD #11ENOLA PA 3/22/01 LENSCRAFTERS/PLC 400.42 ..... 3/22/01 DDA 0620§0 / 19.' O0 ""/ ~ 642.97 661.97 NATHAN'S CAFE ENOLA PA 3/22/01 OOA 000113 6.46~/ 636.51 GIANT FOOD #11 ENOLA PA 3/23/01 DDA 06200 6:0 620.51 NI-M^RT #4 04 E,OLA PA 3/23/01 DDA 077009 8.47 612.04 WINE & SPIRITS 210 ENOLA PA ~ __ 3/23/01 DDA 000003 ,.~/~ 6.36/ 605.68 3/26/01 MONEY ACCESS SER/DDA 000000 \ \ i,_,) 61.00',- 544.68 /15 WERTZVILLE ROA ENOLA PA , 3/26/01 MONEY ACCESS SER/EFT FEE 000000 / " 1.00 / 543.68 /15 WERTZVILLE ROA ENOLA PA 3/26/01 DDA B23589 32.30k-'/ 511.38 455-K-N ENOLA RD ENOLA PA 3/26/01 DDA 079058 19.06 ~ 492.32 WINE & SPIRITS 210 ENOLA PA 3/26/01 DDA 043750 17 O0 NATHAN'S CAFE ENOLA PA · 475.32 3/26/01 DDA 115047 9.97'~'"/' 465.35 3g01 E TRINDLE ROA CAMP HIll PA Customer Service TolI-Fre~ I-B66-WAYPOINT (I-866-gE~9-7E;46) · wvvvv.wagpointbank.com POD-502 (3/01) LOOK FOR U-~. WI?LL GET YOU THERE. PO. Box 1711, Harrisburg, P~nnsglvania 17105-1711 Member FDiC I,,,111,,,111,,,,,I,1,1,1,,,I,1,1,1,,,,11,11,,,,,111 KYRA A SGRIGNOL I 11 N ENOLA DR ENOLA PA 17025-2516 5164 STATEMENT DATE 4/13/01 PAGE 2 TOTALLY FREE 0900039843 DATE 3/27/01 3/28/01 3/28/01 3/28/01 3/29/01 3/29/01 3/29/01 3/30/01 4/02/01 4/02/01 4/04/01 4/05/01 4/05/01 4/06/01 4/09/01 4/09/01 4/09/01 4/09/01 4/09/01 4/09/01 4/09/01 4/09/01 - - ACCOUNT ACTIVITY DESCRIPTION DDA 210241 4870 CARLISLE PIKE MECHANICSBURG PA DDA VISATE HOME DEPO[ #4120 MECHANICSBURG PA CHECK #2273 CHECK #2274 DDA 017965 NATHAN'S CAFE ENOLA PA DDA 062114 UNI-MART #4204 ENOLA PA CHECK #2276 DDA B23589 455-K-N ENOLA RD ENOLA PA DDA PC0113 GIANT FOOD #1! ENOLA PA DDA 013402 HAIR IMAGE MECHANICSBURG PA DDA 087017 WINE & SPIRITS 210 ENOLA PA LENSCRAFTERS/PLCDD4/6 DDA 003085 NATHAN'S CAFE ENOLA PA CHECK #2269 DDA 200158 429 NORTH ENOLA DR ENOLA PA DDA 052721 PHAR-MOR. INC. C~P HILL PA DDA 200158 429 NORTH ENOLA DR ENOLA PA DDA 096046 WINE & SPTRITS 210 ENOLA PA DDA 09123 463 N ENOLA RTS'11ENOLA PA DDA 010038 MOVIE MERCHANTS #1 ENOLA PA CHECK #2275 CHECK #227] 0900039843 CONTINUED - - DEPOSITS 418.00 WITHDRAWALS/' 21.95~/. 29.15~// 25.00 ~ 10.00 21.56~/' 11.25 53.13 ~/ 8.23 ,/ 58.30,,// 21.00~/' 22.36 16.26~'/ 15.88 9.39 BALANCE 443.40 414.25 389.25 379.25 357.69 346.44 293.31 285.08 226.78 205.78 192.02 610.02 585.38 560.38 538.02 519.49 503.23 487.35 477.96 471.60 441.60 416.60 Customer Service Toll-Free I-Ei66-WAYPOINT (I-866-9;~9-76,46) · www.wagpointbank.com ~o2 (~'o~) LOOK FOR US. WE'LL GET YOU THERE. P.O. Box 1711, Harrisburg, PEnnsglvania 17105-1711 Member FDIC I,,,111,,,111,,,,,I,1,1,1,,,I,1,1,1,,,,11,11,,,,,111 KYRA A SGRIGNOLI 11 N ENOLA DR ENOLA PA 17025-2516 5164 STATEMENT DATE 4/13/01 PAGE 3 TOTALLY FREE 0900039843 DATE 4/09/01 4/t0/01 4/11/01 4/11/01 4/12/01 4/12/01 4/13/01 4/13/01 4/13/01 - - ACCOUNT ACTIVITY DESCRIPTION CHECK #2277 DDA PC0110 GIANT FOOD #11 CAMP HILL PA HONEY ACCESS SER/DDA TR5968 1004 WESLEY DRIVE MECHANICSBURG PA MONEY ACCESS SER/EFT FEE TR5968 1004 WESLEY DRIVE MECHANI¢SBURG PA DDA 09123 463 N ENOLA RTS 11 ENOLA PA DDA 050753 NATHAN'S CAFE ENOLA PA DDA 017504 WEARS LIKE NEW HARRISBURG PA DDA 099027 WINE & SPIRITS 210 ENOLA PA DEBIT £ARDHOLDER FEE DATE CHECK NO. AMOUNT 4/06/01 2269 25.00 4/09/01 2271' 25.00 3/28/01 2273* 25.00 TYPE OF ACCOUNT: S~I~P-S-]~ANTAGE PREVIOUS BALANCE DEPOSITS .00 .00 0900039843 CONTINUED - - DEPOSITS WITHDRAWALS//~ BALANCE 3.14 .~ 408.46 1.00 385.96 26.60~/ 359.36 22.00 x./ 337.36 37.52 ~'~ 299.84 1.00 286.13 CHECK SUMMARY * indicates ski~ in check numbers DATE CHECK NO. AMOUNT DATE CHECK NO. 3/28/01 2274 10,00 3/29/01 2276 4/09/01 2275 30.00 4/09/01 2277 AMOUNT 53.13 5.00 ACCOU~TT'-l)'~T28 WITHDRAWALS CHARGES INTEREST ,00 .00 ,00 ENDING BALANCE .00 TOTAL ENCLOSURES: 7 ,Please review our privacy ~on the reverse side-~T-~~nt. PLEASE NOTE: The Waypoint Super Saver interest rate will be updated monthly instead of quarterly effective June 1. 2001. Customer S~rvic~ TolI-Fr~ 1-866-WAYPOINT (I-866-9;~9-7646) · vvww. wagpointbank.com P©I~-507 f3/011 CD .'7 0 FEB 2 8 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA, ijj~~Jr~JJJ~J RODGER E. SGRIGNOLI JR. Plaintiff Docket Number: 03.851 VS. KYRA A. SGRIGNOLI Defendant ORDER COMES NOW, upon consider-~'a~'~--of Plaintiff's request for special relief, it ,s hereby ordered t. hat ' ' _ .... Cc: Plaintiff Defendant RODGER E. SGRIGNOLI, JR. PLAINTIFF KYRA A. SGRIGNOLI DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03=851 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, March 06, 2003 _, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Es~_ELq:~, the conciliator, 301 Market Street, Lemoyne, PA 17043 on Monday, April 07, 2003 at 11:00 AM at 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 a~e five or older max/also be present at the conference. Failure to appear at the conference max/ 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: /si Melissa P. Greevy, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with. Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 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 ATTOP~NEY 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 RODGER E. SGRIGNOLI, JR., PLAINTIFF VS. KYRA A. SGRIGNOLI, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA NO. 03-851 CIVIL TERM CIVIL ACTION - LAW ACTION FOR CUSTODY ANSWER TO PLAINTIFF'S REQUEST FOR SPECIAL RELIEF and NEW MATTER AND NOW, comes the Defendant, Kyra A. Sgrignoli, by her counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and flies this Answer to the Plaintiff, Rodger E. Sgrignoli, Jr.'s Request for Special Relief, and in support thereof asserts as follows: 1. It is admitted the Plaintiff filed the attached document, but Defendant questions the form and procedure utilized in this document. Where was the document filed, due to the words "Domestic Relations Section" in the caption? In view of the use of the Notice to Defend and Claim Rights for a divorce action and the lack of an order for conciliation, is this an action for custody? 2. Admitted. Defendant and her counsel were handed a copy of the same document attached in Exhibit "A" of this Request for Special Relief. 3. Admitted in part and Denied in part. It is admitted Plaintiff did receive an email from Stephen A. Andrejack, Principal of the East Pennsboro Middle School. It is denied the Defendant's son was "illegally" kept from school. By way of further explanation, the Defendant's son was brought to the parties' support conference, by Defendant, after her counsel spoke with Todd Moul regarding the previous problems Mr. Moul had experienced in the parties' support conference and Mr. Moul agreed to see the child at the support conference. It is denied the Principal agrees with anything other than the fact the child was not in school. By way of further explanation, when Defendant spoke with the Principal, the Principal agreed with the child being away from school for a brief period in the morning. 4. Admitted in part and Denied in part. It is admitted the child was not at the Plaintiff's residence the evening following the support conference, February 26, 2003. By way of further explanation, there is no present custody order regarding the child. As a result of the Plaintiff's actions, statements and behavior at the support conference earlier that same day, the child requested not to go to the Plaintiff's residence after school that day. The Defendant made other arrangements for the child per his request. The child has since returned to the Plaintiff's residence at various times. 5. Admitted. 6. Plaintiff has an unnumbered paragraph following paragraph #5 making accusations about Defendant. Defendant denies these allegations in full. Defendant denies any documents Plaintiff has attached in Exhibit "C" establish any diagnosis of "manic-depression" or "alcohol abuse" in the Defendant. NEW MATTER 7. Paragraphs 1 through 6 of this Answer are incorporated herein by reference thereto. 8. Plaintiff has used marijuana, and possibly other illegal chemical substances, almost daily for the past eleven (11) years. Plaintiff has at times, and could be presently selling illegal chemical substances. 9. Plaintiff uses the illegal chemical substances in his residence when the child and his brother are with him. 10. The child and his brother are exposed to the illegal activities of the Plaintiff. 11. The Plaintiff does not provide the care and supervision necessary and appropriate for the child and his brother, when the Plaintiff has them at his residence. 12. The Plaintiff does not provide a safe and secure environment for the child and his brother. It is not in the child's or his brother's best interests and welfare to be in the physical presence of the Plaintiff. WHEREFORE, Defendant, KYRA A. SGRIGNOLI, respectfully requests that this Honorable Court grant her temporary SOLE LEGAL CUSTODY and PRIMARY PHYSICAL CUSTODY of the child, CHRISTIAN T. SGRIGNOLI, and his brother, TYLER J. SGRIGNOLI, until such time as this matter can come before the court. Dated: March ~'~,2003 Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. n Kay Can~tiellc~, Esquire Counsel for Defer&tnt PA I.D. # 64998 5021 East Trindle Road, Suite 100 Mechanicsburg PA ~7050 (717) 796-1930 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of her knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. {}4904 relating to unsworn falsification to authorities. DATED: CERTIFICATE OF SERVICE I, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., hereby certify that I served a true and correct copy of the foregoing Answer to Plaintiff's Request for Special Relief and New Matter, by first-class United States mail, to the following: Rodger E. Sgrignoli, Jr. 11 North Enola Drive Enola PA 17025 Dated: March .~3--.,2003 LAW FIRM OF SUSAN KAY CANDIELLO, P.C. "~--S'~hn Kay Candiell,~rE~re Counsel for Defendant ] PA I.D. # 64998 ~/ 5021 East Trindle Road Suite 100 Mechanicsburg PA 17050 (717) 796-1930 RODGER E. SGRIGNOLI, JR., Plaintiff Vo KYRA A. SGRIGNOLI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-0851 CIVIL TERM CIVIL ACTION - CUSTODY IN RE: TEMPORARY CUSTODY ORDER OF COURT AND NOW, this 7th day of March, 2003, after conference with the parties, we enter the following Temporary Order which shall be in effect until the conciliation scheduled in this matter on April 7, 2003, at 11:00 a.m.: 1. The parties shall have joint legal custody of their Children. 2. Mother shall have primary physical custody of the Children subject to periods of partial physical custody by Father as follows: A. Every other Friday from after school until Saturday morning at 9:00 a.m., commencing March 7, 2003. B. Every other Saturday from the time Mother goes to work, or if Mother does not work from 5:00 p.m., until Sunday at 5:00 p.m. Co for the Children. When Mother is at work, Father shall care D. Such other times as the parties may agree. As indicated, this Order is meant to be temporary only and is not in any way to be deemed a reflection as to what this Court would consider to be an appropriate Order after a full and fair hearing. It should not in any way affect the conciliator or the conciliation process other than to act as a temporary Order until that process is undertaken. We are satisfied that the Children are safe in the custody and care of either parent. Provided, however, that Father is prohibited from smoking marijuana or using any other illegal drugs while the Children are in his care. [We note that Father has denied these allegations, and we will judge the credibility of the allegations at a full and fair hearing to be held at a later time.] Mother shall not drink any alcohol while the Children are in her care and custody. [We note that Mother denies Father's allegations of alcohol abuse, and we will judge the credibility of the allegations the same as we will treat the marijuana allegations at a full and fair hearing to be held at a later time.] Rodger Sgrignoli, Esquire 11 North Enola Drive Enola, PA 17025 Plaintiff, Pro se Susan K. Candiello/ Esquire For Defendant By the Court, Edward E. Guido, J. srs IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA RODGER E. SGRIGNOLI JR. Plaintiff VS. KYRA A. SGRIGNOLI Defendant Number 03-851 Civil Term Civil Action - Law Action For Custody ANSWER TO DEFENDANT'S NEW MATTER~ AND NOW, comes Plaintiff, Rodger E. Sgrignoli Jr., CPA files this Answer to the Defendant, Kyra A. Sgrignoli, Answer To Plaintiff's Request For Special Relief and New Matters, and in support thereof asserts as follows: 1. Plaintiff denies Defendant's allegations made in paragraph 8. Plaintiff is an honorably discharged U.S. Navy and Army National Guard veteran, see Exhibit A. Plaintiff has been "drug tested" numerous times throughout his military career with all test being confirmed "negative." Furthermore, Plaintiff has never been arrested for any drug violations. 2. Plaintiff denies Defendant's allegation made in paragraph 9. 3. Plaintiff denies Defendant's allegation made in paragraph 10. 4. Plaintiff denies Defendant's allegation made in paragraph 11, and further asserts that the Honorable Judge Guido made reference to this allegation as moot at a March 7, 2003 hearing. 5. Plaintiff denies Defendant's allegations made in paragraph 12, and further asserts that due to the Defendant's mental instability, and alcohol abuse, it is the Defendant that does not provide a safe and secure environment for the children. Dated: March 11, 2003 Respectfully Submitted, Rodger ~. Sl~lf~[:~li Jr., CPA Plaintiff ,CERTFICATE OF SERVICF I, Rodger E. Sgrignoli Jr., Plaintiff, hereby certifies that a copy of the foregoing Plaintiff's Answer to Defendant's New Matters was served this date by depositing same in the Post Office at Enola, PA, first class mail, postage prepaid, addressed as follows: Susan Kay Candiello, Esquire 5021 East Trindle Road Suite 100 Mechanicsburg, PA 17055 Attorney for: Ms. Kyra A. Sgrignoli 424F Duke Street Enola, PA 17025 Rodge~E. S'g'~ignoli Jr., CPA 11 North Enola Drive Enola, PA 17025 (717) 732-6235 Dated: March 11, 2003 EXHIBIT A JOHN W. PERRY, VS. KELLY A. PERRY, Plaintiff · Defendant · IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03 - 859 Civil Term ACTION IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this March 12, 2003, I, Jane Adams, Esquire, hereby certify that on February 4, 2003, a certified tree copy of the ORDER SETTING CUSTODY CONCILIATION was served, via certified mail, return receipt requested, addressed to: Kelly Perry 554 N. 2nd St. Steelton, Pa. 17113 DEFENDANT Respectfully Submitted: ~ //:lane ~dams, EsqUire ( I'D'~°' 794,,.~36~South Pitt6~treet Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIa, RODGER E. SGRIGNOLI JR. Plaintiff KYRA A. SGRIGNOLI Defendant Docket Number: 0~1-851 Civil Action - Law Action For Custod~ NOTICE OF SERVICE OF PROCESE AND NOW, comes Plaintiff, Rodger E. Sgrignoli Jr., CPA files this Notice Of Service Of Process, and in support thereof asserts as follows: 1. On or about March 11, 2003, Defendant, Kyra A. Sgrignoli sgned for receipt of Complaint in this matter, which was sent via Unite States Postal Service, Certified Mail, Return Receipt Requested, si! Exhibit A. Respectfully Submitted, Dated: April 10, 2003 Rodge~. S~l~'.~61i Jr., CPA Plaintiff CERTFICATE OF SERVICE I, Rodger E. Sgrignoli Jr., Plaintiff, hereby certifies that a copy Plaintiff's Notice of Service of Process was served this date by d( in the Post Office at Enola, PA, first class mail, postage prepaid, follows: Susan Kay Candiello, Esquire 5021 East Trindle Road Suite 100 Mechanicsburg, PA 17055 Attorney for: Ms. Kyra A. Sgrignoli 424F Duke Street Enola, PA 17025 odger~'. S0~'no~3r'~ jr., CPA 11 North Enola Drive Enola, PA 17025 (717) 732-6235 Dated: April 10, 2003 of the foregoing ~positing same ~ddressed as EXHIBIT A APR 1 4 2003 RODGER E. SGRIGNOLI, JR., Plaintiff V. KYRA A. SGRIGNOLI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-851 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY GUIDO, J.- ORDER OF COURT AND NOW, this ~,~I~ day of April, 2003, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Pending further Order of Court or an agreement of the parties, this Court's order of March 7, 2003 shall continue in full force and effect. 2. The children shall participate in therapeutic family counseling to assist them with adjustments and impact of the family's separation. Each parent shall participate as requested by the therapist. 3. A hearing ' cheduled in Courtroom Number 5 of the Cumberland County Courthouse, on the ..~J'~l~ day of ~,.~J.~' , 2003, at /: ~ o'clock ~' .M., at which time testimony will be taken. For the purposes of the hearing, the Father, Rodger E. Sgrignoli, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. Dist: Susan K. Candiello, Esquire, 5021 Trindle Road, Mechanicsburg, PA 17055 Rodger Sgrignoli, 11 North Enola Drive, Enola, PA 17025 RODGER E. SGRIGNOLI, JR., Plaintiff V. KYRA A. SGRIGNOLI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-851 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Christian T. Sgrignoli Tyler J. Sgrignoli July 5, 1989 Mother August 10, 1993 Mother 2. A Custody Conciliation Conference was held on April 7, 2003 pursuant to Father's complaint for custody file on February 26, 2003. Attending the conciliation conference were the Father, Rodger E. Sgrignoli, Jr., pro se; the Mother, Kyra A. Sgrignoli, and her counsel, Susan K. Candiello, Esquire. Mother filed a divorce action in which she seeks primary custody of the children. 3. Father's position on custody. Father's custody complaint alleges that the children are with each party approximately fifty percent of the time. The parties have been separated since December of 2002 and a divorce action is pending. Father denies any concerns about how the children are functioning and concedes that the children are being taken care of. He also acknowledges that the children are doing well in school. However, he is not satisfied with the results of his most recent domestic relations hearing and criticizes the system as being archaic. He believes that men are being treated as second class citizens and acknowledges that he brought this custody action because he is not satisfied with the present support order. He believes that the children are spending 75% of their waking hours with him and that the support order it should be changed. Initially, Father sought to change the schedule to a week-on week-off arrangement. However, later in the conference he asked the conciliator to indicate in her report that he seeks primary custody of the children. Father also acknowledged that he thinks that Mother should be giving the children food to bring to his home so that he can feed them during his periods of custody. Father presently works as a tax auditor working 9:00 a.m. to 5:00 p.m. Monday through Friday. He has one to two occasions per year for which he is required to travel out of town on business for periods of four to seven days. After the conciliator permitted Mother's IqO. 0:~-851 CIVIL TERM counsel to speak despite Father's objections, Father walked out of the conference and briefly paced in the hallway. He returned to the conference, but continued to refer to counsel's comments as lies. , osition on custod_, i.s.a..s._f_o!~s,: Mother points out that both children 4. Mother~~ficit Disorder and that during the school year she have been diagnosed wl~n ~tL~ ..... n feels that routine is very important. She would agree to a week-on week-off custodial arrangement only during the summer. Mother expressed concerns about the amount of time that Father is actually spending with the children, in the area of the youngest child's homework and in general with the older child. Mother reports that the oldest child actually does not spend a lot of time with Father because he is becoming more ~ocial and prefers to play with his friends that live in the neighborhood of the marital home. She believes the boys go Father so they can play on the trampoline in the yard behind the marital home. Mother also reports that boys are afraid because Father has told them that they should bring food with them to the visits because of the amount of money he is providing to Mother in support. Mother reports that the children do not want to be with their Father full time. She also alleges that Father has been a daily user of marijuana. Mother reports that when the children reside with her they are a five minute walk from school and approximately one half mile from Father's home. Mother is presently employed by Lens Crafters and has a varied work schedule. One night each work she works from 1:00 p.m. to 9:00 p.m. She has two week days off each week. She works each Sunday from 12:30 p.m. to 5:00 p.m. and each Saturday as well. Her Saturday schedule can begin as early as 10:00 am and end as late as 9:00 p.m. She receives her work schedule approximately one to one and a half weeks in advance. . o custodY' It appears that the parties have 5. ~'ni t"l~'t~-aximizes the children's time with each attempted to maintain a custodIal arrangement parent outside of their work hours. For example, on school days when Mother is working, the children are often with Father or playing with children who reside in the neighborhood surrounding the marital home. On Sundays from 12:30 to 5:00 while Mother is working, the children are also under Father's care. The parties have worked out an agreement in which each of them has either a Friday or a Saturday night each week where both children are with them for an overnight. While the children get to spend time with Father almost every day, they sleep most nights at Mother's house and spend time with her outside of her working hours on the weekends. N~O. 03-851 CIVIL TERM 6. Because the parties have not reach an agreement as to the proper custodial schedule during the school year, a hearing will be necessary on the parties petitions for primary physical custody. The parties have been advised that they will need to file a pretrial statement along with a list of witnesses ten (10) days prior to the hearing. A custody evaluation was discussed. However, Father decided that he did not want to participate in such an evaluation. Counsel for Mother indicated that she believed that the matter could be heard in one day of the Court's time. 7. The Conciliator's recommended Order makes no change to the Temporary Order of March 7, 2003, but adds an agreement of the parties with regard to counseling for the children. Z~~a{e/ /~)'-~ -- Me squire Custody Conciliator :211983 RODGER E. SGRIGNOLI, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUI~ERLg2,1'D COUIq'TY, PEMMSYLV32XlIA v. : NO. 03-0851 CIVIL TERM : CIVIL ACTION - LAW KYRA A. SGRIGNOLI, Defendant IN RE: CUSTODY ORDER OF COURT AND NOW, this 5th day of June, 2003, after hearing, it is hereby ordered and directed as follows: 1. The parties shall have joint legal custody of their Children, Christian Sgrignoli, age 13, and Tyler Sgrignoli, age 10. 2. Mother shall have primary physical custody of the Children subject to periods of partial physical custody by Father as follows: A. Every other Friday from after school until Saturday morning at 9:00 a.m. B. Every other Saturday from the time Mother goes to work, or if Mother does not work from 5:00 p.m. until Sunday at 5:00 p.m. C. When Mother is at work, Father may care for the Children. D. Such other times as the parties may agree. We are satisfied that the Children are safe in the custody and care of either parent. Provided, however, that Father is prohibited from smoking marijuana or using any other illegal drugs while the Children are in his care. Further, Mother shall not drink any alcohol while the Children are in her care and custody. The parties are directed to e-mail the other party on a daily basis for the next 60 days. The e-mail shall concern something positive about their Children. At the end of 60 days, the parties are directed to file copies of the e-mails sent and received at this term and number as Court Exhibit No. 1. We will access those e-mails if this matter comes before us again. ~Odger Sgrignoli 11 North Enola Drive Enola, PA 17025 Usan K. Candiello, For Defendant By the Edward E. Guido, J. Esquire srs REGINALD OBERTON, Defendant 2003 TANYA VASQUEZ (OBERTON),: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002-851 CIVIL TERM : : CIVIL ACTION - LAW .* : IN CUSTODY ORDER OF COURT AND NOW, this .) day of ~ ~, 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court, dated December 10, 2002 is hereby vacated. 2. The Mother, Tanya Oberton, and the Father, Reginald Oberton, shall have shared legal custody ofMikaela Solena Oberton, bom May 16, 1992, and Reginald Oberton, II, bom June 6, 1993. Each parent shall have an 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. 3. Mother shall have primary physical custody of the Children. This means that the Children are to attend school in the school district where Mother lives. 4. Father shall have the partial physical custody as follows: A. Alternating weekends as agreed by the parties. B. Such other times as the parties agree. 5. Mother shall have physical custody of the children on Mother's Day. Father shall have physical custody of the children on Father's Day. 6. The parties shall share transportation such that the receiving party shall transport the Children. 7. The parties shall share holidays as agreed. 8. The non-custodial parent shall be entitled to liberal telephone contact with the Children. 9. This Order is entered pursuant to a Custody Conciliation Conference. 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. BY THE ( cc'~¢tan C. Wolf, Esquire, Counsel for Mother ,~eginald Oberton, pro se 146 West Penn Street Carlisle, PA 17013 08-05 2003 REGINALD OBERTON, Defendant TANYA VASQUEZ (OBERTON),: IN TI~E COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : : 2002-851 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, 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 Mikaela Solena Oberton Reginald Oberton, I1 May 16, 1992 shared June 6, 1993 shared 2. A Conciliation Conference was held in this matter on August 1, 2003, with the following individuals in attendance: The Mother, Tanya Vasquez (formerly Oberton), with her counsel, Nathan C. Wolf, Esquire. Father, Reginald Oberton, although notified of the conference, did not appear. 3. A prior Order of Court was entered by The Honorable Edgar B. Bayley, dated December I0, 2002. That Order, after a hearing, provided for shared legal and physical custody. 4. Mother requested an Order in the form as attached. Date Custody Conciliator IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA, RODGER E. SGRIGNOLI JR. Plaintiff Vs. KYRA A. SGRIGNOLI Defendant Docket Number: 03-851 Action In Custody PLAINTIFF'S REQUEST FOR TEMPORARY PRIMARY CUSTODY AND STAY OF ORDER DATED JUNE 5, 2003 COMES NOW, this 14t~ day of August 2003, Plaintiff, Rodger E. Sgfignoli Jr. respectfully request temporary primary custody, and stay of order dated June 5, 2003 granting custody to the defendant based on the following: By order dated June 5, 2003, Defendant Kyra A. Sgrignoli was given primary custody of minor children, Christian T. Sgrignoli & his brother Tyler J. Sgrignoli, see Exhibit A. In said ordm' Defendant, Kyra A. Sgrignoli was ordered to NOT drink alcoholic beverages while in custody of said minor children because of her admitted bi- polar disease. 3. In custody hearing brief, Defendant perjures herself by claiming to have stopped drinking alcoholic beverage, see Exhibit B. On July 15, 2003, Defendant was viewed drinking alcoholic beverages around said children, and photographed at a "local drinking establishment" with alcoholic beverages around children, see Exhibit C. 5. By e-mail dated July 16, 2003, Plaintiffnotifies Defendant that she is in direct violation of court order, see Exhibit D. WHEREFORE, based upon evidence provided, it is respectfully requested that court order dated June 5, 2003 granting primary custody to Defendant be stayed, in accordance with Rule 1915.13 of the Pennsylvania Rules of Civil Procedure, Action For Custody, and Title 23 Pa.C.S.A. § 5303, and an order for temporary primary custody be granted to Plaintiff, until this matter can be properly heard. Respectfully Submitted, Ro~g~noli Jr., CPA Plaintiff Dated: August 14, 2003 CERTFICATE OF SERVICE I, Rodger E. Sgrignoli Jr., Plaintiff, hereby certifies that a copy of foregoing Plaintiff's Request for Temporary Primary Custody and Stay of Order dated June 5, 2003 was served this date by depositing same in the Post Office at Enola, PA, first class mail, postage prepaid, addressed as follows: Susan Kay Candiello, Esquire 5021 East Trindle Road Suite 100 Mechanicsburg, PA 17055 Attorney for: Ms. Kyra A. Sgrignoli 424F Duke Street Enola, PA 17025 Rodger F~'. Sgr~noli Jr., 11 North Enola Drive Enola, PA 17025 (717) 732-6235 CPA Dated: August 14, 2003 EXHIBIT A RODGER E. SGRIGNOLI, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUlVlBERLg2~i'D COUNTY, PENNSYLV32q'IA v. : NO. 03-0851 CIVIL TERM : CIVIL ACTION - LAW KYRA A. SGRIGNOLI, Defendant IN RE: CUSTODY ORDER OF COURT AND NOW, this 5th day of June, 2003, after hearing, it is hereby ordered and directed as follows: 1. The parties shall have joint legal custody of their Children, Christian Sgrignoli, age 13, and Tyler Sgrignoli, age 10. 2. Mother shall have primary physical custody of the Children subject to periods of partial physical custody by Father as follows: A. Every other Friday from after school until Saturday morning at 9:00 a.m. B. Every other Saturday from the time Mother goes to work, or if Mother does not work from 5:00 p.m. until Sunday at 5:00 p.m. C. When Mother is at work, Father may care for the Children. Do Such other times as the parties may agree. We are satisfied that the Children are safe in the custody and care of either parent. Provided, however, that Father is prohibited from smoking marijuana or using any other illegal drugs while the Children are in his care. Further, Mother shall not drink any alcohol while the Children are in her ~care and custody. The parties are directed to e-mail the other party on a daily basis for the next 60 days. The e-mail shall concern something positive about their Children. At the end of 60 days, the parties are directed to file copies of the e-mails sent and received at this term and number as Court Exhibit No. 1. We will access those e-mails if this matter comes before us again. /lOdger Sgrignoli 1 North Enola Drive Enola, PA 17025 Susan K. Candiello, For Defendant By the '- Edward E. Guido, J. Esquire srs TRUE COPY FROM RECORD In Tes~imon,/~Vhcr,r. of, I here unt.o set my hand en~the ~eal of sai~ Court at Carlisle, Pa. EXHIBIT B concerned about the money than the children and is willing to give the children up for money. The devastating emotional effects upon the children to know this about their parent cannot be easily dismissed. 4. Plaintiff's Basis for Dispute Father claims Mother has an alcohol problem, has been diagnosed as Bi Polar, is on medication, and is therefore not able to care for the children. Therefore, he should have Primary Physical Custody. Mother has been diagnosed as Bi Polar. Mother takes medication and has been stable for years. Mother has been and continues to be treated at Holy Spirit Hospital. At the height of the physical abuse by Father, Mother began drinking before Father would arrive home from work, in anticipation and fear of the physical abuse. Mother's drinking ended when she left the marital residence and has not resumed since. Father is well aware if he were to have Primary Physical Custody of the children, he would not have to pay any support to Mother. Mother has always been and continues to be the Primary Caregiver for these children. 5. Present Order The present temporary custody order, dated March 7, 2003, was entered into following a hearing on Father's Petition for Emergency Relief. On April 15, 2003, following a custody conciliation conference with Melissa Greevy, the Honorable Judge Guido affirmed the March 7, 2003 order and further ordered the children into therapeutic family counseling. Copies of both orders are attached hereto at Exhibit "A". EXHIBIT C EXHIBIT D Page i ot'l Sgrignoli, Rodger From: Sgdgnoli, Rodger Sent: Wednesday, July 16, 2003 10:04 AM To: 'Kyras426@aol.com' Subject: RE: (no subject) Hi Kyra: How are you. It was nice of you to take the boys to Nathans on Tuesday July 15 for their hot. wing special. I think Ty could survive on hot-wings the rest of his life. Unfortunately, that Amber bock (higher alcohol )beer you had while in there presence is a direct violation of the judges orders, and you know that. I thought you quite drinking? Obviously, another one of your lies! I did see that the children were unsupervised in my house when I was gone. The kitchen was trashed. You know Tyler's only 9 and has been doing his own cooking. Do you think this is a good idea? I've asked you nice now not to let them in my house when I'm away. They don't seem to be adequately taken care of. ..... Original Message ..... From: Kyras426@aol.com [mailto:Kyras426@aol.com] Sent: Wednesday, July 02, 2003 10:31 PM TO: .Sgrignoli, Rodger Subject: Re: (no subject) hi rodge, got your message, I guess you are going over to new mexico during your trip- i ran into your parents tonight at the dollar store, they didn't seem to know when your arrival date would be. I hope you enjoyed your stay- i assume your girlfriend got to come and have a stay with you- the boys and I have had stress trying to find something for them to do while i work a full time job. I will be happy to have you back in town to help out a bit with your children. The boys met your roommate and have gone inside your house while you were away, they said he didn't mind. I made ty gather all the newspapers that were all over the porch so people wouldn't necessary know that you were away, Hope you will glad to be home and be a daddy again. LYour kids sure do need it. your wife ky 8/13/2003 RODGER E. SGRIGNOLI, JR., PLAINTIFF KYRA A. SGRIGNOLL DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVA~NIA ; : NO. 03-851 CIVIL TERM : : CIVIL ACTION = LAW : ACTION FOR CUSTODY ANSWER TO PLAINTIFF'S REQUEST FOR TEMPORARY PRIMARY CUSTODY AND STAY OF ORDER DATED JUNE 5~ 2003~ AND NEW MATTER AND NOW, comes the Defendant, Kyra A. Sgrignoli, by and through her counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and files this Answer to the Plaintiff, Rodger E. Sgriguoli, Jr.'s Request for Temporary Primary Custody and Stay of Order Dated June 5, 2003: 1. Admitted. 2. Admitted. 3. Denied, and by way of further explanation please see the Defendant's answer to paragraph g4 below. 4. Admitted, and by way of further explanantion Defendant has taken the children to this local small restaurant for years. During dinner the Defendant has always had one (1) beer with dinner. The Plaintiff is aware of this. The boys are aware of this. The waitresses and other individuals who come to the restaurant and know the Defenchmt are all aware of this. Defendant does not drink other places and does not purchase any alcohol, to have in her home. Plaintiff also knows this is a restaurant where the Defendant and the boys go to eat with some regularity. Plaintiff waited until Defendant took the children to dinner at this restaurant and then stalked the Defendant at this restaurant, taking numerous photos of the Defendant in a threatening and stalking manner. The police were contacted, but did not believe they could take any action. 5. Admitted in part and Denied in part. Plaintiff and Defendant were ordered in the cou~t order dated June 5, 2003 to exchange email for sixty (60) days and then submit copies of all email to this court. Plaintiff has only provided this court with an email for one (1) day. NEW MATTER 6. Paragraphs 1 through 5 of this Answer are incorporated herein by reference thereto. 7. Defendant has submitted copies of all email exchanged with the Plaintiff, per the court's order of June 5, 2003, which are attached hereto and made a part of this document at Exhibit "A". 8. Defendant apologizes to the court for not cominuing emails for sixty (60) days; however, Plaintiff only ever emailed the Defendant in response to the Defendant's email. Plaintiff's responses were sarcastic with Defendant and not positive despite the fact the Defendant tried to send positive email about the children to the Plaintiff each day. Finally, when Defendant took a vacation and continued to be unable to get a computer for herself in her home, Defendant quit sending the Plaintiff email as she continued not to have access to a computer. The Plaintiff ended email when the Defendant did. 9. Plaintiff has rarely seen his older child since the June 5, 2003 court order. Plaintiff has not extended any invitations to the older child to be with the Plaintiff on his vacations and other flee time. Further, the older child does not wish to be with the Plaintiff. 10. Plaintiff has seen his younger child infrequently since the June 5, 2003 order. Plaintiff has not seen either of the children at the times availahle to him under the custody order dated June 5, 2003. The younger child does not want to be with the Plaintiff 11. The children were not with the Plaintiff for Father's Day as stated in the email. The Defendant requested to schedule a vacation, which necessarily included Father's Day. The Plaintiff did not respond. The Defendant gave the Plaintiff several additional times to respond, which he did not. The Defendant took the children on the vacation and had the children call the Plaintiff on Father's Day. The older son, Christian, refused to speak with the Plaintiff. The younger son, Tyler, was willing to speak with the Plaintiff, but the Plaintiff only spoke for less than a minute and then said "good-bye" to Tyler. 12. The Defendant has tried to offer visitation with the children to the Plaintiff on numerous times but the Plaintiff continues to refuse, taking the children only when necessary. 13. The younger child has been aware and stated to Defendant that Plaintiff continues to smoke marijuana in Plaintiff's trailer in the evenings and while camping. 14. Plaintiff has not taken any action to improve his relationship with the parties' children since the order of June 5, 2003. In fact, Plaintiff's relationship with the parties' children has deteriorated even more since the custody order dated June 5, 2003 was entered. 15. Defendant has previously stated and continues to believe Plaintiff's unsupported and frivolous Petitions and Requests he brings before this court are meant to harass and control the Defendant and increase the Defendant's legal fees. Therefore, Defendant is seeking reimbursement for her legal fees in preparation and defense of Plaintiff's Request to this court. 16. Defendant and the parties' children continue to be willing to follow the court order dated June 5, 2003, provided the Plaintiff would agree to follow the court order and take actions in his life which are in the best interests of the children. 17. Neither Defendant nor the parties' children believe it is in their best interests to be with the Plaintiff more time than is presently ordered. WHEREFORE, Defendant, KYRA A. SGRIGNOLI, respectfully requests that this Honorable Court continue to grant her SHARED LEGAL CUSTODY and PRIMARY PHYSICAL CUSTODY of the children, CltRISTIAN T. SGRIGNOLI and TYLER J. SGRIGNOLI, until such time as this matter should come before the court. Further, the Defendant, KYRA A. SGRIGNOLI, respectfully requests this Honorable Court grant her legal fees and expenses for her counsel's preparation and defense o:~'Plaintiff' s Request to this Court. Dated: August ~¢,2003 Respectfully submitted, LAW FIRM OF SUSAN KAY C~0, P.C. Counsel fo}'~Dfffi'~nd~t PA I.D. #64~98 / 5021 East Tr~dle~Road, Suite 100 Mechanicsburg'P~ A 17050 (717) 796-1930 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of her knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. {}4904 relating to unsworn falsification to authorities. Kk~R~AN~' SGRIGNOLIf f/ EXHIBIT "A" hey rodge, the boys enjoyed playing at your house and the hotdogs you had for supper from uncle doug-they were actually full when We got home, KY dear rodge, yes, the boys eat a lot these days, because they both are in big time growth spirts, as you know, being their dad. So that's why I enjoy making their faverite meals for them during the week and then I must make chocolate cake for Ty or else he thinks he will diel They loved it when you took them to Phillips at the beach-they told me for half an hour all the food they atel Your wife, Kyra Subj; RE (a0 subject) Date: 6/!0/03 11i5~:00 AM Easte~ Dayi~htT me From; rsar an01i(~state pa U~ ves, they eat so well. I can't afford to feed them. ..... Original Message ..... From: Kyras426@aoI,com [mailto:Kyras426@ao[,com] Sent: Wednesday, June 11,2003 :[1:07 PM To: Sgrignoli, Rodger Subject: (no subject) hi there rodge, did you enjoy christian's 8th grade graduation? I was so proud of him-he did so well this year and especially in science!!! His educational level has grown so much much in the last years!!! was nice that you could attend the ceremony for a little while anyway. Thanks for everythingll You are a great dad! ky Subj: FIE: (no SubjeCt) Date: 6/12/03 8 40 36 AM Easterr~ Day ight Time From¢ ~ TO: Yes, that Philip's has a great buffet. They loved the crab legs. Date: :6/12/03 8i38:52 AM Eastern Dayiight ~irne From: rsc~ri<3n01i@State,~3a,us To: Kvras~26(~a0LC0m Yea, I was great he received an award. Too bad he had to "fake" falling ofthe stage, He has a knack for the "melodramatic", Just like you. From; Kvras426 ; ; To: rs~3ria n01i@state;oa,us Hi rodge- sorry but i refuse to use this time to participate with your sarcasm regarding any and all subjects we have broached here. As this is to be a place for us to learn how to communicate in a positive manner about our children, that is exactly what I intend to dol So, the boys are thrilled to have another year behind them and a summer ahead of them. CT is signing up for an encampment in July and he is really learning alot with CAP-and didn't Ty look cute with his mohwawk for the last day of school? PS-I will be out of town on vacation this coming week so i will resume the email then. Subj: RE: (no subject) Date: 6/i3/03 9:32 59 AM Eastern D~ylight Tirne ; rsq dqno~l~$tate,pa. Us The boys enjoy playing at the neighbors. They enjoy playing on the trampoline. Thanks for dropping them off when I'm at work, and giving me the responsibility of watching them most nights, even when your not a work. I'm sorry, but you violated the judges order, again. It's sad that you took them away on father's day weekend denying me access again. I'm to have them every other Friday and Saturday, And sorry, I don't see the cuteness in a mohawk/spike. They are great kids, and it's because of me. CERTIFICATE OF SERVICE I, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., hereby certify that I served a true and correct copy of the foregoing Answer to Plaintiff's Request for Temporary Primary Custody and Stay of Order Dated June 5, 2003, and New Matter, by first- class United States mail, to the following: Rodger E. Sgrignoli, Jr. 11 North Enola Drive Enola PA 17025 Dated: August_~b, 2003 LAW FIRM OF SUSAN KAY CANDIELLO, P.C. y Can~ Counsel for Defen~ PA I.D. # 64998 5021 East Trindle Suite 100 Mechanicsburg PA 17050 (717) 796-1930 RODGER E. SGRIGNOLI, JR. V. KYRA A. SGRIGNOLI : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003-0851 CIVIL ORDER OF COURT AND NOW, this 3Pa~ day of SEPTEMBER, 2003, we shall treat the attached petition as one for contempt as well as for modification of our prior order. As such, it shall be referred to the conciliator in accordance with local Rule 1915.12-1. Edward E. Guido, J. cc:~odger E. Sgrignoli e,gusan K. Candiello, Esquire Court Administrator :sld oCt.O RODGER E. SGRIGNOLI, JR. PLAINTIFF KYRA A. SGRIGNOLI DEFENDANT N THE COUR~I OF COMMON PLEAS OF CUMBERLAND C. OUNTY, PENNSYLVANIA 03-851 CIVIL ACTION LAW IN CUSTODY .ORDER OF COURT AND NOW, Friday, November 14, 2003 _, upon cot sideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. __, the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, December 09, 2003 at 1:00 ~M for a Pre-Hearing Custody Conference. At such conference an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, S0eeial Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Melissa P. Greevy. Esq, Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 170113 Telephone (717) 249-3166 N0~t~20O3 ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-085i CFr'IL DER OF COURT AND NCIW, tills _o ua.,, ,,, ~EPTEMBER, 2003, we shall treat the attached petition as one for contempt as well as for modification of our prior order. As such, it shall be referred to the conciliator in accordance with local Rule 1915.12-I. cc.'~odger E. Sghgnoli odgusan K. Candiello, Esquire Court Administrator :sld Edward E. Guido, J. RODGER E. SGRIGNOLI, JR., Plaintiff V. KYRA A. SGRIGNOLI, Defendant DEC/ 2003 IN THE COURT OF COMMON P-,.EEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-851 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY GUIDO, J.--- ORDER OF COURT AND NOW, this [!~ day of December, 2003, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: and effect. Pending hearing, this Court's order of June 5, 2003 shall remain in full force 2. A hearing is scheduled in Courtroom Number 5 of the Cumberland County Courthouse, on the 2"aday of February, 2004, at 1:00 o'clock P.M., at which time testimony will be taken. For the purposes of the hearing, the Father, Rodger E. Sgrignoli, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. Edward E. Guido, J. Dist: ~Rusan K. Candiello, Esquire, 5021 Trindle Road, Mechanicsburg, PA 17055 odger E. Sgrignoli, Jr., 11 North Enola Drive, Enola, PA 17025 RODGER E. SGRIGNOLI, JR., Plaintiff V. KYRA A. SGRIGNOLI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-85i CW~L TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLYIN THE CUSTODY OF Christian T. Sgrignoli Tyler J. Sgrignoli July 5, 1989 August 10, 1993 Mother Mother 2. A Custody Conciliation Conference was held on December 9, 2003 pursuant to Father's filing of a request for temporary primary custody and a Stay of the June 5, 2003 Order. Judge Guido's Order of September 3, 2003 referred the matter to conciliation and directed that Father's pleading be treated as a Petition for Contempt and Modification. Attending the Conciliation Conference on December 9, 2003 were: the Father, Rodger E. Sgrignoli, Jr., pro se; the Mother, Kyra A. Sgrignoli, and her counsel, Susan K. Candiello, Esquire. 3. The parties were not able to reach an agreement as to Father's Petition. Therefore, a half-day hearing has been scheduled with the Court to address Father's Petition and Mother's new matter. 4. Father's position is as follows' At the time of the Conciliation, Father stated that he had nothing to add that had not appeared in his pleadings. When asked what relief he was seeking from the Court with regard to the contempt matter, his response was to leave it in the discretion of the Court. Father was also seeking modification of the Custody Order such that it would give him primary custody. When asked to describe what his new proposed schedule would look like, he again indicated that would be in the discretion of the Court. Father does not dispute that the e-mails attached to Mother's pleadings as exhibits are the complete record of e-mails between the parties subsequent to the June 5, 2003 Order. Father believes that he can offer the children a better' standard of living than can the Mother. He continues to complain of her financial management which he believes is Nd. 03-851 CIVIL TERM deficient. In response to Mother's request for having the Judge to meet with the boys in chambers, Father responded that he would object to this because he does not believe that there is anything pertinent that could be obtained from seeing them once again. 5. Mother's position is as follows: Mother acknowledges that she visits the restaurant where Father took the photographs of her with the children on a frequency of one to two times per month. She also acknowledges that she has one beer when she goes to this restaurant. With regard to the e-mail requirement in the June 5, 2003 Order, Mother indicated that it was difficult for her to continue the e-mails, because she had to use a friend's computer. Additionally, because the content of Father's e-mails did not follow the positive spirit directed by the Court, she eventually stopped participating in the e-mail exchange. Mother indicates that she has asked the children what their preference would be with regard to their primary residence and that they have both informed her that they wish to remain with her. She reports that Father had not been spending time with the older child during part of the summer, but that he has resumed contact with the child. Mother attributes this to Father's involvement with a new female friend. Mother continues to view the custody litigation initiated by Father is a means to discontinue child support and place her under economic pressure. Accordingly, by and through her counsel, she has raised a claim for counsel fees which will be addressed at the hearing. Mother requests that the Judge meet with the boys again on the day of the hearing. 6. Counsel for Mother and the Plaintiff, pro se, have indicated that one-half day will be sufficient to the hearing on their matter. · irel~ssa Peel Gr y, q ~ Custody Conciliator :221999 RODGER E. SGRIGNOLI, Plaintiff KYRA A. SGRIGNOLI, Defendant JR. ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-851 CIVIL TERM : : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this 2nd day of February, 2004, after hearing, our order of June 5, 2003, is hereby amended to provide the following: Mother shall not drink any alcohol to excess while the children are in her care and custody. In all other respects, our order of June 5, 2003, shall remain in full force and effect. Mother's request for attorney's fees are denied. Father's petition for contempt, is dismissed. Edward E. Guido, J. /odger E. Sgrignoli, Jr. 11 North Enola Drive Enola, PA 17025 Plaintiff, pro se ~usan Kay Candiello, Esquire 5021 East Trindle Road Suite 100 Mechanicsburg, PA 17055 Attorney for Defendant srs