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HomeMy WebLinkAbout03-1082 DANIEL D. McCURDY, JR., Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO, 03 -IOP~ C,.....~L 't~, CIVIL ACTION - LAW CHILD CUSTODY KATHLEEN M. McCURDY, Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property, or other rights important to you, including child custody, or child visitation. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, P A 17013 Telephone: (717) 249-3166 DANIEL D. McCURDY, JR., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 0.3 - loJ> '^' C,-,..;L'TFlLi KATHLEEN M. McCURDY, Defendant CIVIL ACTION - LAW CHILD CUSTODY COMPLAINT FOR CHILD CUSTODY AND NOW comes the Plaintiff, Daniel D. McCurdy, Jr." by and through his attorney, Mark T. Silliker, Esquire, and respectfully requests this Honorable Court award him custody of the subject minor children, and in support thereto, avers the following: 1. Plaintiff is Daniel D, McCurdy, Jr" an adult individual residing at1646 Lowell Lane, New Cumberland, Cumberland County, Pennsylvania, 17070. 2. Defendant is Kathleen M, McCurdy, an adult individual residing at 42 Bayberry Drive, Mechanicsburg, Cumberland County, Pennsylvania. 17050. 3. The subject children are Shannon Ashley McCurdy, born June 26, 1990, and Matthew Tyler McCurdy, born October 8,1993, 4. The relationship of the Plaintiff to the subject minor children is that of natural father. 5. The relationship of the Defendant to the subject minor children is that of natural mother. 6, For the past five years, the minor children have resided at the following addresses, in the custody of the following individuals: A. From October I, 1997 to the present, the subject minor children have resided at 42 Bayberry Drive, Mechanicsburg, Cumberland County, in the care and custody of Defendant/Mother Kathleen M. McCurdy. 7. There have been no prior actions for custody of the subject minor children in this or any other jurisdiction. 8. The Plaintiff is not aware of the existence of any other individuals who have any type of claim whatsoever regarding the custody of the subject minor children. 9. The Plaintiff believes and therefore avers that he is much better able to meet the needs of the subject minor children than the Defendant. 10. The Plaintiff believes and therefore avers that it is in the best interest ofthe subject minor children that they be placed in his legal and physical custody. WHEREFORE, Plaintiff requests this Honorable Court award him custody of the subject minor children. Respectfully submitted, THE LAW OFFICES OF SILLIKER & RE HOLD Mark T. Illiker, re 5922 Linglestown Road Harrisburg, PAl 7112 (717) 671-1500 J.D. No. 33671 Attorney for Plaintiff AFFIDA VIT I, I2:tnieJ D. mCCJrJyIJ(, hereby certify that the afore going is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. 4909 relating to unsworn falsifications to authorities. Dated: 2 - 2/-t?-3 j)~J1/l~4 p(.:)~ ~ ~ ~ . w ~ 6 ~E~ 1- ,1(';' fl1-- -,- ~"-:t .J ~,,~ ~:~ , ~-,' Q _< l::) ..J-' ,;,-' DANIEL D, MCCURDY, JR. PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 03-1082 CIVIL ACTION LAW KATHLEEN M, MCCURDY DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, March 24, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. at 301 Market Street, Lemoyne, PA 17043 on Monday, April 14, 2003 , the conciliator, at 11:00 AM for a Pre-Hearing Custody Conference, At such conference, an effort will bl~ 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 hearinli!. FOR THE COURT, By: Isl Melissa P. Gree'l'JY. Esq. Custody Conciliator v 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 ATTOR1\fEY 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 ~-P :2 ~ ~ &5L.E:' .:J/p;e ~ ~~ ['(/. .5e.E' ~r.2~~./p W-,ge.f;' 'i1 f\!V?\l AS 0.1 i'\3d A11\Jr;(!'~' t'.. '(,.'~'-':~0;/\Jtl8 - I -,... o :G (Jj C I~ d j I.-I CO APR 2 9 2003 DANIEL D. McCURDY, JR., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 03-1082 CIVIL TERM v. CIVIL ACTION - LAW KATHLEEN M, McCURDY, IN CUSTODY Defendant GUIDO, J. --- TEMPORARY ORDER OF COURT AND NOW, this 30 ~ day of April, 2003, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Leqal Custody. The parties, Daniel D. McCurdy, Jr. and Kathleen M, McCurdy, shall have shared legal custody of the minor children, Shannon Ashley McCurdy, born June 26, 1990, and Matthew Tyler McCurdy, born October 8,1 993. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa, C. S. ~5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. The following school year physical custody schedule reflects the status quo in which Mother has primary physical custody subject to Father's rights of partial physical custody which are arranged as follows: A. Commencing April 25, 2003, on alternating weekends from after school until the following Monday morning. B, Commencing April 22, 2003, on alternating Tuesday evenings from after school until the following Wednesday morning. C, Commencing May 1, 2003, on alternating Thursday evenings from after school until the following Friday morning. NO. 03-1082 CIVIL TERM 3. Holidavs. A. The parties shall alternate the following holidays commencing with Father having custody for Memorial Day: Memorial Day, Independence Day, Labor Day, and Thanksgiving. B. Christmas shall be shared by the parties as follows: In December 2003, Father shall have custody from December 24th through December 25th at 2:00 p,m, at which time the children shall return to Mother's custody. 4. Summer Vacation. Each parent shall be entitled to two (2) non-consecutive weeks of custody, not to include the other parent's custodial weekend, during the Summer 2003, The parties will provide each other with thirty (30) days written notice of their intended vacation weeks, In the event that the parties have a conflicting vacation schedule, the party first providing written notice to the other parent shall have choice of the vacation time. For purposes of this paragraph, a week is considered to be from Friday to Friday, unless otherwise agreed. 5. In the event either party is unavailable to provide care for the children during his or her period of custody for periods of four (4) hours or more, that party shall first make a reasonable effort to contact the other party to offer the parent the opportunity to provide care for the children before contacting third-party caregivers. 6. The parties shall submit themselves and their minor children to an independent custody evaluation to be performed by Reigler, Shienvold & Associates. The parties shall sign all necessary releases and authorizations for the evaluator to obtain medical and psychological information pertaining to the parties. Additionally, the parties shall extend their full cooperation in completing this evaluation in a timely fashion and in the scheduling of appointments. 7. A hearing is ~~heduled in Courtroom Number 5 of the Cumberland County ~rthouse, on the ~ day of C7'U.NL , 2003, at '"f) (J o'clock ~,M" at which time testimony will be taken. For the purposes of the hearing, the Father, Daniel D. McCurdy, Jr., 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 NO. 03-1082 CIVIL TERM testimony of each witness, These memoranda shall be filed at least ten days prior to the hearing date. Edward E. Guido, J. Dist: ~~s C\..~ tJ.,... VIi\'\f/\lASNN3d A.'.f,....~r.~,.., ,-" '.".".'....8 I"", .' , ',"""" ..', ,-" '''fi · ,L '<j! r\..,",_; -. : .". . "''' l' . -, -7 IJd '1v -V 'I AU\IICNCi 3~)1_:f:,~Ci Of' ',' '>-; e'l I' c''''d'' '," .' v w"... '" _:J"" Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 03-1082 CIVIL TERM DANIEL D, McCURDY, JR., v, CIVIL ACTION - LAW KATHLEEN M, McCURDY, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1, The pertinent information concerning the children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Shannon Ashley McCurdy June 26, 1990 Matthew Tyler McCurdy October 8,1 993 Mother Mother 2, A Custody Conciliation Conference was held on April 21, 2003 following the filing of a Petition for Custody filed on March 11, 2003, Present for the conference were: the Father, Daniel D. McCurdy, Jr" and his counsel, Mark T, Silliker, Esquire, Esquire; the Mother, Kathleen M, McCurdy, and her counsel, Diane G. Radcliff, Esquire, This Conference was the parties' first, following a separation in 1997. 3. Father's position is as follows: Father wants more time with the children but would like it to occur in a way that is not disruptive to their schedule. He would like to have primary custody of the children and expresses concern regarding Mother's willingness to work with him in his requests for additional custodial time, her general flexibility with him in that regard and concerns about the emotional environment in the home. He has also expressed concern that she has involved the children in discussions regarding this custody action. Father reports that since the time of separation, the parties have made a minor adjustment to the physical custody schedule which he reports was accomplished approximately one year ago and was achieved with great difficulty, The status quo during the school year provides Father with custody from Friday after school until the children return to school the following Monday morning and one evening during the week. Father denies Mother's allegation that his pursuit of additional custodial time is financially motivated. Father is presently employed full time in sales for Netcom. He generally works 8:00 a.m. to 5:00 p.m. NO, 03-1082 CIVIL TERM 4. Mother's position is as follows: Mother's position is that Father's seeking to modify the schedule is financially motivated and an outgrowth of a recent dispute regarding the cost of health insurance for the children. She says that the children do not want to be in Father's primary custody and that they are doing fine with the structure of their schedule at present. Mother denies that she agreed to the present schedule which extends Father's alternating weekends from the prior arrangement of a return time at 7:00 p,m. Sunday to an overnight the following Monday morning. However, she acknowledges that this has been the case for approximately one year, Mother alleged that Father was not cooperative or flexible with her in this regard and simply refused to return the children or make them available for her to pick up on Sunday evenings. Mother is presently employed at Fork Lifts, Inc. and for approximately a year and a half to two years has been working 7:15 a.m, to 3:45 p,m. 5. A variety of options were explored to provide Father with additional custodial time, However, the parties were not able to reach an agreement. Therefore, the Order attached reflects the status quo, an alternating holiday schedule, summer vacation, a custody evaluation, and a request for hearing. Father's counsel also requests an interim brief hearing on the issue of additional custodial time for the Summer 2003 while the parties are participating in a custody evaluation and waiting for a heari a with the Court. <if ~ 31m Date &YI elissa Peel Greevy, Esquire Custody Conciliator :212444 DANIEL D. MCCURDY, JR. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. KATHLEEN M. MCCURDY NO. 2003-1082 CIVIL TERM ORDER OF COURT AND NOW, this 3RD day of JUNE, 2003, at the request of both parties the hearing scheduled for Thursday, June 12, 2003, at 1 :00 p.m. is continued generally. It will be rescheduled at the request of either party. Mark T. Silliker, Esquire 5922 Linglestown Rd. Harrisburg, Pa. 17112 Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, Pa. 17011 ~ ~ <.._0'1-03 0-. V1NVi':lASNN3d I I Nnn., .'1' '_r1' 'co'''n'' f\J.I 1\',).'--' ,_.,,", '; ,:j.Jc:"jV ~ 0,,;) L'l :6 \W i-]- Nflf EO ^1:i'v'lC\"~Ji{.<._t:,J, jQ 38I:1~O{]:Tl\:j SILLlKER & REINHOLD LAW OFFICES 5922 L1NGLESTOWN ROAD HARRISBURG, PENNSYLVANIA 17'112 MARK T SILLlKER KRISTIN R, REINHOLD PHONE: (717) 671-1500 FAX: (717) 671-8968 May 30, 2003 The Honorable Edward E. Guido Cumberland County Courthouse One Courthouse S Carlisle, P Dear J I am writing relative to the above-captioned matter, which is presently scheduled for a custody hearing before you on June 12,2003, at I :00 p.m. I believe the purpose of the hearing was to determine summertime visitation for my client, Daniel D. McCurdy, Jr. The larger issue of custody has been referred to Dr, Arnold Shienvold for a custody evaluation. I am pleased to advise you that the parties have reached agreement regarding Mr. McCurdy's periods of partial custody for the summer of 2003. Therefore, we would respectfully request that the custody trial be continued indefinitely, pending the completion of Dr. Shienvold's evaluation, I would add, I am hopeful the parties may be able to work out an overall settlement on their own sometime in the next several months. Tn Hny event, O!1 ~~h~lf of my client, as ~Ncll uS i\.ttOfilCY Diane Raucliff, i thank you for your time and assistance herein. Should you be in need of additional information, please do not hesitate to contact me. Sincerely, ~:;/ V~ark T Silliker MTSlbbl Cc: Diane Radcliff, Esquire Dan McCurdy COPTOO3 I1ANIEL D, McCURDY, JR., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 03-1082 CIVIL TERM v. CIVIL ACTION - LAW KATHLEEN M. McCURDY, IN CUSTODY Defendant GUIDO, J, --- TEMPORARY ORDER OF COURT AND NOW, this 30 ~ day of April, 2003, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1, Leqal Custody. The parties, Daniel D. McCurdy, Jr. and Kathleen M. McCurdy, shall have shared legal custody of the minor children, Shannon Ashley McCurdy, born June 26, 1990, and Matthew Tyler McCurdy, born October 8,1 993. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa. C. S. 95309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. The following school year physical custody schedule reflects the status quo in which Mother has primary physical custody subject to Father's rights of partial physical custody which are arranged as follows: A. Commencing April 25, 2003, on alternating weekends from after school until the following Monday morning. B. Commencing April 22, 2003, on alternating Tuesday evenings from after school until the following Wednesday morning, C, Commencing May 1, 2003, on alternating Thursday evenings from after school until the following Friday morning. NO, 03-1082 CIVIL TERM 3, Holidavs. A. The parties shall alternate the following holidays commencing with Father having custody for Memorial Day: Memorial Day, Independence Day, Labor Day, and Thanksgiving. B. Christmas shall be shared by the parties as follows: In December 2003, Father shall have custody from December 24th through December 25th at 2:00 p,m. at which time the children shall return to Mother's custody, 4. Summer Vacation. Each parent shall be entitled to two (2) non-consecutive weeks of custody, not to include the other parent's custodial weekend, during the Summer 2003. The parties will provide each other with thirty (30) days written notice of their intended vacation weeks. In the event that the parties have a conflicting vacation schedule, the party first providing written notice to the other parent shall have choice of the vacation time. For purposes of this paragraph, a week is considered to be from Friday to Friday, unless otherwise agreed, 5, In the event either party is unavailable to provide care for the children during his or her period of custody for periods of four (4) hours or more, that party shall first make a reasonable effort to contact the other party to offer the parent the opportunity to provide care for the children before contacting third-party caregivers. 6, The parties shall submit themselves and their minor children to an independent custody evaluation to be performed by Reigler, Shienvold & Associates. The parties shall sign all necessary releases and authorizations for the evaluator to obtain medical and psychological information pertaining to the parties, Additionally, the parties shall extend their full cooperation in completing this evaluation in a timely fashion and in the scheduling of appointments. 7. A hearing is :>,kheduled in Courtroom Number 5 of the Cumberland County qwrthouse, on the ~ day of L7U.1UL. , 2003, at /.'(1(/ o'clock ~,M., at which time testimony will be taken. For the purposes of the hearing, the Father, Daniel D. McCurdy, Jr., 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 , NO, 0.3-1082 CIVIL TERM testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. Edward E. Guido, J. Disl: Mark T, Silliker, Esquire, 5922 Linglestown Road, Harrisbur9, PA 17112 Diane G, Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011 , r '" \IINVA1,\,SNN3d }J N"'r-'1 '-":'{'{1ro, . II',).,., ,~, IV II'} ../,' II' ~.. ","; e" ,. ",j U t, :,'~_) AtN1C, DANIEL D. McCURDY, JR., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO., 03 -log';J-- KATHLEEN M. McCURDY, Defendant CIVIL LAW IN CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Please enter the appearance of Marianne E. Rudebusch, Esquire on behalf of the Plaintiff in the above referenced matter. Respectfully Submitted, Dated: ~ J '<(03 I ~^^-<- r[, f1atc~tL- Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 (717) 657-0632 Id. No. 63522 WITHDRAWAL OF APPEARANCE Please withdraw the appearance of Mark T. SilIiker, Esquire on behalf of the Plaintiff in the above referenced matter. Dated: y / ~116 ") ., I ' Respectfully Submitted, ~~ 5922 Linglestown Road Harrisburg, P A 17112: (717) 671-1500 Id. No. 3JlI7/ o ~; 4:JC n'lr-- ;:: ;.;. Z1:: ~.- '<: 1... ~;;- c::> w ~ ':,:; o -n G-~' ~l;{~ 1 :~.j " .-n :,-) ')hl ~" ", '~~ ,0 v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 43Z2 S 1~~~ O?)-IO~~ DANIEL D. McCURDY, JR., Plaintiff/Petitioner KATHLEEN M. McCURDY, Defendant/Respondent CIVIL LAW IN CUSTODY PETITION FOR ALLOCATION OF COST OF PSYCHOLOGICAL CUSTODY EVALUATION AND NOW, comes the Plaintiff/Petitioner, Daniel D. McCurdy, Jr., by and through his attorney, Marianne E. Rudebusch, Esquire, and respectfully avers as follows: 1. The Plaintiff/Petitioner is Daniel D. McCurdy, Jr., an adult individual who resides at 1646 Lowell Lane, New Cumberland, Cumberland County, Pennsylvania, 17070. 2. The Defendant/Respondent is Kathleen M. McCurdy, an adult individual who 42 Bayberry Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. The parties are the natural parents of Shannon A. McCurdy, born 9/26/90 and Matt T. McCurdy, born 10/8/93. 4. A Custody Conciliation Conference was held on 4/21/03 before Melissa P. Greevy, Esquire and a Temporary Order of Court was issued on 4/30/03. Said Order is attached hereto as Exhibit A. 5. The Order directed that the parties submit themselves and the minor children to a custody evaluation to be performed by Reigler Shienvold & Associates. 6. The issue of payment for such evaluation was not addressed in the Temporary Order of Court. 7. Counsel for Plaintiff/petitioner contacted opposing counsel, Diane Radcliff concerning this issue on 8/4/03. See Exhibit B. 8. Counsel for Defendant/Respondent, Diane Radcliff responded by letter dated 8/5/03 stating that the Defendant/Respondent was not willing to pay for any portion of the custody evaluation. See Exhibit C. 9. On 8/25/03, counsel for Plaintiff/Petitioner contacted the Custody Conciliator to ascertain what might have been agreed on at the conference as to payment of the evaluation. See Exhibit D. 10. On 8/27/03, counsel for Defendant/Respondent contacted the Custody Conciliator as well. See Exhibit E. 11. The Custody Conciliator responded by letter dated 8/29/03. See Exhibit F. WHEREFORE, Plaintiff/Petitioner respectfully requests that this Honorable Court enter an Order that: a. The parties each pay one half of the cost of the custody evaluation or in the alternative, in a ratio proportionate to the respective income. b. All other relief as this court deems appropriate. Respectfully Submitted, ~f~ - Marianne E. Rudebusch, Esquire 4711 Locust Lanl~ Harrisburg, PA 17109 (717) 657-0632 Id. No. 63522 Dated: Cf-II- 03 DANIEL D. McCURDY, JR., Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 4322 S 1999 KATHLEEN M. McCURDY, Defendant/Respondent CIVIL LAW IN CUSTODY VERIFICATION I verify that the statements made in the foregoing arle true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. By ~....,jJ y~, Daniel D. McCurdy, Jr. Date: c,~tf -03 NO, 03-1082 CIVIL TERM testimony of each witness, hearing date. These memoranda shall be f1/ed at least ten days prior to the ~/ BYT:r~ Edward E, Guido, J, Dis!: Mark T, Silliker, Esquire, 5922 Lingleslown Road. Harrisburg, PA 17112 Diane G, Radcliff. Esquire, 3448 Trtndle Road, Camp Hill. PA 17011 Exhibit B MARL~iNNE E"RUDEBt7S'Lt1 ATTORNEY AT LAW 4711 Locust Lane Harrisburg, PA 17109 (717) 657-0632 Fax 657-1512 August 4, 2003 Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 RE: McCURDY V. McCURDY IN CUSTODY Dear Diane: This office has been retained by Daniel McCurdy, Jr. to represent him in the above captioned custody action. It is my understanding that a hearing was schedu11:d in June concerning the schedulc for the summer vacation and generally continued in the anticipation that our clients would work out an acceptable schedule between the two of them. My client reports that a verbal agreement was reached between the parties and they agreed on a week on week off schedule from Tuesday to Tuesday be:ginning Tuesday, 7/29/03. This schedule will continue until the beginning of school. If this is indeed what your client agreed on, please advise as soon as possible. If this is not acceptable to your client, I will have no option but to ask the court to schedule a hearing in this matter as soon as possible. My client reports that your client has taken the position that he only wants additional time with the children because of the effect this might have on the child support. My client's income has involuntarily decreased by approximately 50 percent since the initial support agreement was reached and he has not asked for any reduction in his payments nor has he ever been late with any payments to Mrs. McCurdy. If he desired a reduction in the support payml:nts, he could have easily done so over a year ago. It seems clear that my client's desire to have more contact with his children is not motivated by financial concerns. It remains my client's position that he desires shared physical and legal custody of the children. For that purpose. he desires to proceed with the custody evaluation with Dr. Shienvold. It is my understanding that appointments have been made by the parties and that Dr. Shienvold will issue a report and recommendations as to custody. Again, my client is willing to enter into any reasonable agreement concerning custody for as long as it provides him with consistent and frequent contact with his children, Diane G. Radcliff, Esquire August 4, 2003 Page 2 The Conciliator's Interim Order is silent as to the payment of the cost for the custody evaluation. My client is prepared to pay his share of the cost as per Dr. Shienvold's requirements. I have sent a Praecipe for Withdrawal/Entry of Appearance to Mark Silliker. I shall send a time stamped copy of the Praecipe to you as soon as I receive it. Please advise if your client is willing to agree to a 50/50 custody schedule during the summer without the need for court intervention. Very truly yours, ~f.~ Marianne E. Rudebusch MER/kaf cc: Daniel McCurdy, Jr. Exhibit C DIANE G. RADCLIFF, ESQUIRE Attorney at Law 3448 Trindle Road Camp Hill, Pennsylvania 17011 Phone: (717) 737-0100 Facsimile: (717) 975-0697 August 5, 2003 Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 Re: Dan McCurdy vs. Kathleen McCurdy Cumberland County Custody Action Dear Marianne: Thank you for your letter dated August 4, 2003. The only agreement that I am aware of regarding this summer is the one reached by Attorney Silliker and myself as set forth in my letter to him dated May 30, 2003, a copy of which is enclosed. By copy of this letter, however, I am providing Kathleen with a copy of your August 4, 2003 letter and requested that she respond to your client's representations about the agreement. As soon as she responds, I will advise you. You can, of course, file a petition if you want. I doubt, however, that you will get a hearing before school starts in light of my hearing schedule and vacation plans for the rest of the summer. You indicated that your client is willing to enter into a reasonable agreement. If he has terms to suggest, please advise me. The decision to move forward with the custody evaluation was at your client's sole request. We specifically stated we would not pay for it. If he wants to proceed it is at his sole cost. We think it is unnecessary and will not contribute towards the costs. We offered to go through family counseling/mediation with Deb Salem toO discuss the custody issues and your client refused. Since he is bent on litigation, and wants the evaluation, he will have to bear the burden of those costs. Page 2 I will be in touch as soon as Kathleen responds to your letter. In the interim, should you have any questions or comments about this letter or this case in general, do not hesitate to contact me. ~ Very truly yours, ~ ~ ~~~~ D ~CL~ ESQUIRE I DGRJdr Enclosure: 5/30103 letter to Attorney Silliker cc: Kathleen McCurdy File 36-03C TRANSMITTED BY FAX AND MAIL Exhibit D i I I MARt ~E E. .RUDEBUsrH ATTORNEY AT LAW 471 r LocusfLane Harrisburg. PA 17109 (717) 657-0632 Fax 657-1512 August 25, 2003 Melissa Peel Greevy. Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 RE: MCCURDY V. MCCURDY IN CUSTODY NO, 03-1082 Dear Melissa: This office represents Daniel McCurdy, Jr., the Plaintiff in the above captioned custody action. The Defendant, Kathleen McCurdy, is represented by Diane Radcliff, Esquire. A custody conciliation conference was held with you on 4/21/03 at which my client was represented by Mark Silliker, Esquire. My client made a copy of the Order available to me which, inter alia, addresses the issue of a custody evaluation to be done by Dr. Arnold Shienvold. The order does not state which party was to pay for the custody evaluation. It is opposing counsel's position that her client is not willing to pay for any of the costs of the evaluation. Please advise if this was discussed during the conciliation conference and if so, what was the agreement. The parties have made appointments with Dr. Shienvold, but here is a disagreement concerning the payment of his fees. Thank you for your attention to this matter. Very truly yours, !~'-N<'.1M"',~ f ,Q~ Marianne E, Rudebusch MER/kat' cc: Diane G, Radcliff. Esquire Daniel D, McCurdy. Jr. Exhibit E , I : ~ DIANE G. RADCLIFF, :ESQUIRE Attorney at Law 3448 Trindle Road Camp Hill, Pennsylvania 17011 Phone: (717) 737-0100 Facsimile: (717) 975-0697 August 27, 2003 MelissaP. Greevy, Esquire 301 Market Street Lemoyne, PA 17043 copy Re: Dan McCurdy vs. Kathleen McCurdy Cumberland County Custody Action 1#.13-1082 Dear Melissa: I am in receipt of Attorney Rudebusch's letter to you dated August 25, 2003 regarding the costs of the custody evaluation. You may recall at the time of the conciliation conference the custody evaluation was requested by Attorney SiIliker. It was our stated position that this evaluation was not necessary and that we would not pay for it, although we would cooperate with one if requested. It was, therefore, clearly understood that the costs of this evaluation were to be paid by Mr. McCurdy. This has been and remains our position. If Mr. McCurdy wants an evaluation he will have to pay for it. My client did not have then, and does not have now, the funds to pay for that evaluation. If you do not have any notes on this issue, you can check with Mark SiIliker. I believe he will confIrm my understanding. I am providing him with a copy of this letter in the event he feels it appropriate to respond. Very truly yours, DIANE G. RADCLIFF, ESQUIRE DGRldr cc: Mark Silliker, Esquire DGRidr cc: Mark Silliker, Esquire Marianne Rudebusch, Esquire Kathleen McCurdy File 36-03C TRANSMITTED BY FAX AND MAIL Page 2 August 27,2003 Exhibit F ') , ~-~ ,':. " LAW OFFICES ~ JERRY R, DUFFIE RICHARD W STEWART C. ROY WEIDNER, JR, EDMUND G, MYERS DAVID W DELUCE RALPH H, WRIGHT, JR, DAVID j, LANZA MARK C, DUFFIE MELISSA PEEL GREEVY MICHAEL j, CASSIDY ROBERT M, WALKER JOHNSON, DUFFIE, STEWART 61 WEIDNER A Professional Corporation 301 MARKET STREET P. O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WEBS/TE; www.jdsw.com HORACE A, JOHNSON COUNSEL TO THE FIRM TELEPHONE 717.761,4540 FACSIMILE 717.761.3015 E-MAIL mai.lOjdsw.com WRITER'S EXT, NO. 118 E-MAIL mpg@jdsw.com August 29, 2003 Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 Re: Daniel D. McCurdy, Jr. v. Kathleen M. McCurdy No. 03-1082 Civil Term In Custody Dear Counsel: I have received your letters regarding the dispute concerning the payment for the custody evaluation which Father had sought. My notes do not reflect an agreement between the parties regarding the cost of sharing, According to my notes, Father had asked for a contribution from Mother. Mother agreed to cooperate but refused to contribute anything for the evaluation, Very truly yours, L~.;;J?="=g~RT & WEIDNER Melissa Peel Greevy Custody Conciliator MPG:kkm:217763 . DANIEL D. McCURDY, JR., Plaintiff/Petitioner IN THE COURT m' COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 4322 S 1999 KATHLEEN M. McCURDY, Defendant/Respondent CIVIL LAW IN CUSTODY CERTIFICATE OF SERVICE AND NOW, this ~ Jl day of S~~- ,2003, I, Katherine A. Frey, Secretary to Marianne E. Rudebusch, Esquire, Attorney for the PlaintifflPetitioner, hereby certify that a copy of the within document has been served, by depositing a copy of the same in the United States mail, first class, postage prepaid, at Harrisburg, Pennsylvania, to the following addressee: Diane G. Radcliff, EsqUlire 3448 Trindle Road Camp Hill, PA 17011 Attorney for Defendant By~A~(f Katherine A. Frey ~ 0 ('j f: 0 .-1 " J , , , ..) ~;;. , :::: ~.-,-.- ( ~- ~,? ;i :'j ....J :':;;;1, -, -, v. : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 'l.oO~I()~ NO. 4322 8 1 DANIEL D. McCURDY, JR., Plaintiff/Petitioner KATHLEEN M. McCURDY, Defendant/Respondent CIVIL LAW : IN CUSTODY RULE TO SHOW CAUSE AND NOW, this 1"./r... day of <;~ 2003, upon review of the attached Petition For Allocation of Costs of Psychological Custody Evaluation, a Rule is issued upon the DefendantlRespondent to show cause, if any, why the PlaintifflPetitioner's request should not be granted. Rule Returnable / 0 days from the date of service. J. ,,1t~ L>\' '\.~~ \j!N\I!i!ASNN3c! )J,N~iC{'; "'J', "-"T:'_';-:;'~'!"~~no g(. ~8 1:/ I. I d3~:S0 '<lit: ~ , ::!O " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DANIEL D. McCURDY, JR, Plaintiff NO. OJ-IO~a. CIVIL TERM V. CIVIL ACTION - LAW IN CUSTODY KATHLEEN M. McCURDY, Defendant ANSWER TO PETITION FOR ALLOCATION OF COSTS OF PSYCHOLOGICAL CUSTODY EVALUATION AND NOW, this 23'd day of September, 2003, comes ti1e Defendant, Kathleen M. McCurdy, by her attorney, Diane G. Radcliff, Esquire, and files this ANSWER TO PETITION FOR ALLOCATION OF COSTS OF PSYCHOLOGICAL CUSTODY EV ALUA TION as required by the Rule entered by the Honorable Edward E. Guido on September 16, 2003 as follows: 1. Admitted. It is admitted that the Plaintiff/Petitioner is Daniel D. McCurdy, Jr., an adult individual who resides at 1646 Lowell Lane, New Cumberland, Cumberland County, PA 17070. Plaintiff/Petitioner is hereafter referred to as "Father". 2. Admitted. It is admitted that the Defendant/Respondent is Kathleen McCurdy, an adult individual who resides at 42 Bayberry Drive, Mechanicsburg, Cumberland County, PA 17050. Mother is hereafter referred to as "Mother". 3, Admitted. It is admitted that the parties are the parents of Shannon McCurdy, born 9/26/90, and Matthew T. McCurdy, born 10/8/93. 4. Admitted. It is admitted that a Custody Conciliation Conference was held on 4/2/03 before Melissa P. Greevy, Esquire and a Temporary Order of Court was issued on 4/30/03, a copy of which Order is attached to Father's Petition as Exhibit A. 5. Admitted with Clarification. It is admitted that ti1e order directed the parties to submit themselves and the minor children to a custody evaluation to be performed by Reigler, Shienvold & Associates. By way of further Answer and by way of clarification it is averred that: - 1 - A. This custody litigation was initiated by Father, and was not started at the request of Mother nor required as the result of any conduct on her part. B, At the Custody Conciliation Conference, Father requested that a custody evaluation be performed by Dr. Shienvold. C. In response to this request Mother stated that she would cooperate with, but would not pay for, Father's requested evaluation as she felt that the evaluation was not necessary and did not have the funds to pay for such an evaluation. D. Having received iliat response Father decided nonetheless to proceed with a custody evaluation, knowing that the costs thereof would be paid solely by him. E. It was not until after Mother's first appointment with Dr. Shienvold that Father insisted on Mother's payment of a portion of the costs of the evaluation and thus refused to go forward with that evaluation unless that contribution was made. 6. Admitted with Clarification. It is admitted iliat the issue of payment for custody evaluation was not specifically addressed in the Temporary Order of Court. By way of further clarification it is averred that it was agreed and understood at the conciliation conference iliat ifF ather wanted to proceed with an evaluation he would have to pay for it as confirmed by the letters from Mother and the Custody Conciliator attached to Father's Petition as Exhibit C, E and F, incorporated by reference hereto, 7. Admitted. It is admitted that counsel for Father contacted opposing counsel, Diane G. Radcliff, Esquire concerning this issue on 8/4/03 by ilie letter attached to Father's Petition as Exhibit B. 8. Admitted. It is admitted that counsel for Mother, Diane G, Radcliff, Esquire, responded concerning this issue by letter dated 8/5103 stating that Mother was not willing to pay for the costs of the evaluation by the letter attached to Father's Petition as Exhibit C. 9. Admitted. It is admitted iliat on 8/25/03 counsel for Father contacted ilie Custody Conciliator to ascertain what might have been agreed on at the conference as to - 2 - payment of the evaluation by the letter attached to Father's Petition as Exhibit D, 10, Admitted. It is admitted that on 8/27/03 counsel for Mother contacted the Custody Conciliator as well by the letter attached to Father's Petition as Exhibit E. II. Admitted. It is admitted that the custody conciliator responded by letter dated 8/29/03, which letter is attached to Father's Petition as Exhibit F. By way of further Answer and clarification it is averred that the Custody Conciliator agreed with the position set forth Mother's counsel's letter to Father's counsel dated 8/5/03 and Mother's counsel's letter to the custody conciliator dated 8/27/03 in which it was stated that Mother agreed to cooperate with but not pay for the custody evaluation, NEW MATTER 12. Mother incorporates by reference the answers and averments set forth in Paragraphs I through II herein, the same as if fully set forth at length herein. 13. This custody litigation was initiated by Father, and was not started at the request of Mother nor required as the result of any conduct on her part. 14. At the Custody Conciliation Conference, Father requested that a custody evaluation be performed by Dr. Shienvold. 15. In response to this request Mother stated that she would cooperate with, but would not pay for, Father's requested evaluation as she felt that the evaluation was not necessary and did not have the funds to pay for such an evaluation. 16. Having received that response Father decided nonetheless to proceed with a custody evaluation, knowing that the costs thereof would be paid solely by him, 17. It was not until after Mother's first appointment with Dr. Shienvold that Father insisted on Mother's payment of a portion of the costs of the evaluation and thus refused to go forward with that evaluation unless that contribution was made. 18. Mother, suggested that the parties engage in mediation of their disputes with Deb Salem ofInter Works but Father refused that suggestion. One of the reasons for this request was based on the fact that Father refused to listen to the stated position of the children, ages 12 (almost 13) and 9 (almost 10), which have always indicated their desire to live with Mother and not to change the existing custody arrangements. - 3 - 19. The evaluation is requested solely by Father, and as such Dr. Shienvo1d would be his expert witness, although he is required to be impartial in these proceedings. Mother should not be forced to pay for his expert. 20. Mother has no funds with which to pay for a custody evaluation. 21. Mother does not believe an evaluation is necessary under the circumstances of this case, where the children have lived solely with Mother since April 30, 1997, they are well adjusted and happy under the current arrangements, and they do not want the current arrangements to change. Wherefore, Mother respectfully requests this Honorable Court to enter an Order denying Father's Petition and request for the allocation of the costs of the custody evaluation. Respectfully submitted, ~~~ ( D)Mffi'iJ. CLIFF, ESQUIRE 3<<8..Irin e Road Camp Hill, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID # 32112 Attorney for Defendant/Respondent Dated: September 23. 2003 - 4 - VERIFICATION I verifY that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. , ~)).AJ~~ KA HLEEN M. McCURDY 9-~23-03 Dated: - 5 - CERTIFICATE OF SERVICE I, DIANE G. RADCLIFF, ESQUIRE, hereby certify that on September 23.2003, I served a true and correct copy of the Answer to Plaintiffs Petition for Allocation of Costs of Psychological Custody Evaluation upon Plaintiffs Attorney, Marianne E. Rudebusch, Esquire, by mailing same by first class mail, postage prepaid, addressed as follows: Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 '8 ~ ~w,' Z:)) ~~; ::<CJ ~o :i>8 ~ c;;; (,.., :'1") ,.., '"t;) ", (f o ."1) i'i.~;:h ..,..,t;", -,:,C"''' (~)f ~j "r~ ;'-'5 ~M' ",,0 151-n -. :t -< -~1 ::x ~ 11' p:.po(J "cry] 01 "1 0 DANIEL D. McCURDY, JR., Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-1082 KATHLEEN M. McCURDY, Defendant/Respondent CIVIL LAW IN CUSTODY MOTION FOR HEARING AND NOW, comes the Plaintiff/Petitioner, by and through is attorney, Marianne E. Rudebusch, Esquire, and respectfully avers as follows: 1. On 9/15/03, PlaintifflPetitioner filed a Petition for Allocation of Cost of Psychological Custody Evaluation. See Exhibit A. 2. On 9/16/03, a Rule to Show Cause was issued by the Court giving Defendant! Respondent ten (10) days to respond to said Petition. See Exhibit B. 3. On 9/25/03, Defendant/Respondent file an Answer to Petition for Allocation of Costs of Psychological Custody Evaluation. See Exhibit C. 4. To date, there has been no resolution to this matter. WHEREFORE, Plaintiff/Petitioner respectfully requests that this Honorable Court schedule a hearing on this matter. Respectfully Submitted, tltu~ C ~ACQI/J~ Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 (717) 657-0632 Id. No. 63522 Dated: {1J/r{./o3 I I v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ~~- 1!YlJ. NO. 43220;,: lQQQ DANIEL D. McCURDY, JR., Plaintiff/Petitioner KATHLEEN M. McCURDY, Defendant/Respondent CIVIL LAW IN CUSTODY RULE TO SHOW CAUSE AND NOW, this day of , 2003, upon review of the attached Petition For Allocation of Costs of Psychological Custody Evaluation, a Rule is issued upon the DefendantlRespondent to show cause, if any, why the PlaintifffPetitioner's request should not be granted. Rule Returnable days from the date of service. BY THE COURT: J. v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA 01-l0't'J- NO. 4J22 S 1999 DANIEL D. McCURDY, JR., Plaintiff/Petitioner KATHLEEN M. McCURDY, Defendant/Respondent CIVIL LAW IN CUSTODY I , I AND NOW, comes the PlaintifflPetitioner, Daniel D. McCurdy, Jr., by and through PETITION FOR ALLOCATION OF COST OF PSYCHOLOGICAL CUSTODY EVALUATION his attorney, Marianne E. Rudebusch, Esquire, and respectfully avers as follows: 1. The PlaintifflPetitioner is Daniel D. McCurdy, Jr., an adult individual who resides at 1646 Lowell Lane, New Cumberland, Cumberland County, Pennsylvania, 17070. 2. The Defendant/Respondent is Kathleen M. McCurdy, an adult individual who 42 Bayberry Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. The parties are the natural parents of Shannon A. McCurdy, born 9/26/90 and Matt T. McCurdy. born 10/8193. 4. A Custody Conciliation Conference was held on 4/21/03 before Melissa p, Greevy, Esquire and a Temporary Order of Court was issued on 4/30103. Said Order is attached hereto as Exhibit A. 5. The Order directed that the parties submit themselves and the minor children to a custody evaluation to be performed by Reigler Shienvold & Associates. 6. The issue of payment for such evaluation was not addressed in the Temporary Order of Court. 7. Counsel for PlaintifffPetitioner contacted opposing counsel, Diane Radcliff concerning this issue on 8/4/03. See Exhibit B. 8. Counsel for DefendantlRespondent, Diane Radcliff responded by letter dated 8/5/03 stating that the Defendant/Respondent was not willing to pay for any portion of the custody evaluation. See Exhibit C. 9. On 8/25/03, counsel for PlaintifffPetitioner contacted the Custody Conciliator to ascertain what might have been agreed on at the conference as to payment of the evaluation. See Exhibit D. 10. On 8/27103, counsel for Defendant/Respondent contacted the Custody Conciliator as well. See Exhibit E. 11. The Custody Conciliator responded by letter dated 8/29/03. See Exhibit F. WHEREFORE, Plaintiff/Petitioner respectfully requests that this Honorable Court enter an Order that: a. The parties each pay one half of the cost of the custody evaluation or in the alternative. in a ratio proportionate to the respective income. b. All other relief as this court deems appropriate. Respectfully Submitted, ~€.~ - Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 (717) 657-0632 rd. No. 63522 Dated: Cf-ll- 03 DANIEL D. McCURDY, JR., Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 4322 S 1999 KATHLEEN M. McCURDY, Defendant/Respondent CIVIL LAW IN CUSTODY VERIFICATION I verify that the statements made in the foregoing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. By: Daniel D. McCurdy, Jr. Date: Cr'-t 1-03 Exhibit A . '- , ~ _ '1 H1i'; -~ J"" ,;)Ialntlrr , ,,'I ':...,E COURT OF CCI\I,\IO,~i PLEAS OF C:JI',IBE,~LAi'iD coun-:-'~, P=Ni'iSYL\/~,.'iIA D,.4,'J;=~ C' ,\1r:C:jP;J'( jp ,\)(:) :.3-<':'8:2 Ci\ il T:=,qi\! K.; THLcc:\4 ,\1 \lcCURDY, '::\'I;l.';Ci:Ot\j - '-AI,\) Defendant ','i CUS;-ODY GUIDO J -- ! TEMPORARY ORDER OF COURT I AND NOW, this 30 "'f"'- day of April, 2003. upon consideration of the attac~ed Custody Conciliation Summary Report, it is hereby ordered and directed as follows: I I I 1, LeoaJ Custodv. The parties, Daniel D. McCurdy, Jr. and Kathleen M, McCurdy, shall have shared legal custody of the minor children, Shannon Ashley McCu dy, bom June 26, 1990, and Matthew Tyler McCurdy, born October 8,1 993. Each parent s all have an equal right, to be exercised jointly with the other parent, to make all major n n- emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa. C. S. ~5309, each parent shall be entitled to all records and information pertaining to e children including, but not limited to, medical, dental, religious or school records, he residence address of the children and of the other parent. To the extent one parent as possession of any such records or information, that parent shall be required to share he same, or copies thereof, with the other parent within such reasonable time as to make he records and information of reasonable use to the other parent. 2, The following school year physical custody schedule reflects the status quo in which Mother has primary physical custody subject to Fathers rights of partial physi al custody which are arranged as follows: A Commencing April 25, 2003, on alternating weekends from after scheol until the following Monday morning, 3. Co~mencir,g Acr;r 22. 2ee3. 8n alter"~a~ir,; :,,:sscc'/ e'i~~i~gs ~....:;~ ar:er schcci until t~e foHcwing \/'IecnesCa~i .--;;cr~ir,g. C. Commenci~g ,'Jla/ ~, 21JC3. en alter~~a::r~ -,iL..;,""SC2./ s'isnir~s frsr" 3rter scheol until the following :=rida:/ rrorning, 'I':i ~';_' ~ ~~ J '_ -=::::;J,\! --C1IC,3lj"3 A. I ne parties shall alternate the foilowlng ~ciica/s cc~~enc:r<; with Father ha'/ing custody for Memorial Day: 1\lemor:al Da:! :ncapercance Day labor Day, and Thanksgiving 5 Chnstmas shail be sharec by the par.les as fellows: :r December 2003, Father shall have custody from December 2J.'h thrOl.:g,h December 25'h at 2:00 p,m, at which time the children shall return to IVl0thers custody, 4, Summer Vacation. Each parent shall be entitled to two (2) non-consecu ive weeks of custody, not to include the other parent's custodial weekend, during the Sum er 2003. The parties will provide each other with thirty (30) days written notice of t eir intended vacation weeks. In the event that the parties have a conflicting vacation sched Ie, the party first providing written notice to the other parent shall have choice of the vaca 'on time. For purposes of this paragraph, a week is considered to be from Friday to Frid y, unless otherwise agreed, 5. In the event either party is unavailable to provide care for the children dur ng his or her period of custody for periods of four (4) hours or more. that party shall first mak a reasonable effort to contact the other party to offer the parent the opportunity to provi e care for the children before contacting third-party caregivers. 6, The parties shall submit themselves and their minor chileren to n independent custody evaluation to be performed by Reigler, Shienvoid & Associates. T' e parties shall sign all necessary releases and authorizations for the evaluator to cbt in medical and Psychological information pertaining to the parties, Additionally, the part! s shall extend their full cooperation in completing this evaluation in a timely fashion and in t ,e scheduling of appointments. 7, A hearing is _s~hedulec in CourtroOr7: Number 5 cf the Cumber!anc Cel~n y SWrthouse, en the/~"'day cf o;",lV~ ,20C3 a, 1.'(Jq ce:c k ~,I"I, at "'':IC.h time tes:imony will ce taken, For t,'1e pLr;;cse~ ef ::-a hear'ng, ,:-:a ,=a:~.a', Daniel D 1\lcC:~rd:l. ~r, shall be deemed to ba the r7:cvlng ;:ar::, ar,e shellocceea.:; :nl'21 / 'lith "as"I'mcn' C~'"rsel "or the "-r'e~ or 'he ce....'fO- -r- -- ---II "'Ie "/1"" '''a C-I'- __-' I .,L ~, 'f. .....~i I '~C:.I __ ~ll, 1"--~,U'J~~:::,c, ::1 'I.L.i:.l; V'-Of.:;::;, oOcosing ccunsellpar.y a memcranCxn setting fcr.h aecr ::ar.:, 5 ,::cSI,'cn cn .eustccy, a 'i : ::f Nltresses "'1,"0 are e:<pectee :c :astI7', e: ,he ~earirg, ar:e 3 S-,~r;ar/Jf ,he arc:cice'e ' ,\.0 03- ~ 082 CI'iIL TERIVI testimony of each witness, These hearing date, memoranda shall be riled at least ten days prrcr to' the ......---~ BYTHE-e6URT, \4 5-7- Edward E, Guido, J, DiSt: Mark T. Silliker. Esquire, 5922 Wngleslown Road. Harrisburg, PA 17112 Diane G. Radcliff, Esquire, 3448 Trindle Road. Camp Hill, PA 17011 Exhibit B YL;.\RL__\i~::\'E E. Rt:nEReSI~'1-[ 4711 locust lare Harrisburg, PA I 7109 ATTORNEY AT LAvV , -1 7) 657.0632 "ax 657.1512 "\,ugust ~, 2()()3 Diane G, Radcliff. Esquire 3448 Trindle Road Camp Hill. PA l701l RE: McCURDY V. McCURDY IN CUSTODY Dear Diane: This office has been retained by Daniel McCurdy, Jr. to represent him in the above captione custody action. It is my understanding that a hearing was scheduled in June concerning the schedu1 for the summer vacation and generally continued in the ilnticipation that our clients would work ou an acceptable schedule between the two of them. My client reports that a verbal agreement was reached between the parties and they agree on a week on week off schedule from Tuesday to Tuesday beginning Tuesday, 7/29/03. This schedule will continue until the beginning of school. If this is indeed what your client agreed on, please advise as soon as possible. If this is not acceptable to your client, I will have no option but to ask the court to schedule a hearing in this matter as soon as possible. My client reports that your client has taken the position that he only wants additional time with the children because of the effect this might have on the child support. My client's income has involuntarily decreased by approximately 50 percent since the initial support agreement was reached and he has not asked for any reduction in his payments nor has he ever been late with any payments to Mrs. McCurdy, If he desired a reduction in the support payments. he could have easily done so over a year ago. It seems clear that my client's desire to have more contact with his children is not motivated by financial concerns, It remains my di~nt's position that he desir~s shar~d physical and legal custody of the children, For that purpose, h~ d~sir~s to proc~~d with the custody ~valuation with Dr. Shienvold, [t is my understanding that appointments have been made bv the parties and that Dr. Shienvold wil! issue a report and recommendations as 10 custody, Again. my client is '",,'iIling to enter into any reasonable agreement concerning custody for as long as it provides him with consistent and frequent contact with h,is children, Diane G, Radcliff, Esquire August 4. 2003 Page ~ The Conciliator's Interim Order is silent as to the payment of the cost for the custody evaluation. My client is prepared to pay his share of the cost as per Dr. Shienvold's requirement~. I have sent a Praecipe for Withdrawal/Entry of Appearance to Mark Silliker. I shall send t time stamped copy of the Praecipe to you as soon as I receive it. Please advise if your client is willing to agree to a 50/50 custody schedule during the summet without the need for court intervention. I , Very truly yours, ~f.~ Marianne E. Rudebusch MER/kaf cc: Daniel McCurdy, Jr. Exhibit C DIANE G. RADCLIFF, ESQUIRE Attorney at Law 3448 Trindle Road Camp Hill. Pennsylvania 170 II Phone: (71 7) 73 7 -010<) Facsimile: (717) 975-0697 August 5, 2003 Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PAl 71 09 Re: Dan McCurdy vs. Kathleen McCurdy Cumberland County Custody Action Dear Marianne: Thank you for your letter dated August 4, 2003. The only agreement that I am aware of regarding this summer is the one reached by Attorney Silliker and myself as set forth in my letter to him dated May 30, 2003, a copy of which is enclosed. By copy of this letter, however, I am providing Kathleen with a copy 0 your August 4, 2003 letter and requested that she respond to your client's representations about the agreement. As soon as she responds, I will advise you. You can, of course, file a petition if you want. I doubt, however, that you will get a hearing before school starts in light of my hearing schedule and vacation plans for the rest of the summer. You indicated that your client is willing to enter into a reasonable agreement, If he has terms to suggest, please advise me, The decision to move forward with the custody evaluation was at your client's sole request. We specifically stated we would not pay for it. Ifhe wants to proceed it is at his sole cost. We think it is unnecessary and will not contribute towards the costs. We offered to go through family counseling/mediation with Deb Salem to discuss the custody issues and your client refused, Since he is bent on litigation, and wants the evaluation, he will have to bear the burden of those costs, Page 2 I will be in touch as soon as Kathleen responds to your letter. In the interim, should! you have any questions or comments about this letter or this case in general, do not hesitatel to contact me. c ~ 0-t I LIFF~QUIRE DGRldr Enclosure: 5/30/03 letter to Attorney SilIiker cc: Kathleen McCurdy File 36-03C TRANSMITTED BY FAX AND MAIL Exhibit D 4711 Locust Lane Harrisburg, PA 1 71 09 l\1ARI. ~NE E. RUDEBUS~H ATTORNEY AT LAw (717) 657-063.2 Fax 657-1512 August 25, 2IJ03 Melissa Peel Greevy. Esquire 30 I Market Street P.O. Box 109 Lemoyne, P A 17043-0109 RE: MCCURDY V. MCCURDY IN CUSTODY NO. 03-1082 Dear Melissa: This office represents Daniel McCurdy, Jr., the Plaintiff in the above captioned custody action. The Defendant, Kathleen McCurdy, is represented by Diane Radcliff, Esquire. A custody conciliation conference was held with you on 4/21/03 at which my client was represented by Mark SiIliker, Esquire. My client made a copy of the Order available to me which, inter alia, addresses the issue of a custody evaluation to be done by Dr. Arnold Shienvold. The order does not state which party was to pay for the custody evaluation. It is opposing counsel's position that her client is not willing to pay for any of the costs of the evaluation. Please advise if this was discussed during the conciliation conference and if so, what was the agreement. The parties have made appointments with Dr, Shienvold, but here is a disagreement concerning the payment of his fees. Thank you for your attention to this matter. Vcry truly yours. '< {,co""l....,...,Z. I? ~ \o!arianne E, Rudebusch \ofERbt cc: Diane G, RJdellft, E,'cjulrc Daniel D, \okCurc.h, Jr, . , Exhibit E I DIANE G. RADCLIFF, ESQUIRE Attorney at Law 3448 Trindle Road Camp Hill, Pennsylvania 17011 Phone: (717) 737-0 I 00 Facsimile: (717) 975-0697 , August 27, 2003 Melissa P. Greevy, Esquire 30 I Market Street Lernoyne, P A 17043 GOPY Reo' Dan McCurdy vs, Kathleen McCurdy Cumberland County Custody Action #03-1081 Dear Melissa: I am in receipt of Attorney Rudebusch's letter to you dated August 25, 2003 regarding the costs of the custody evaluation. You may recall at the time of the conciliation conference the custody evaluation was requested by Attorney SiIliker. It was our stated position that this evaluation was not necessary and that we would not pay for it, although we would cooperate with one if requested. It was, therefore, clearly understood that the costs of this evaluation were to be paid by Mr. McCurdy. This has been and remains our position. If Mr. McCurdy wants an evaluation he will have to pay for it. My client did not have then, and does not have now, the funds to pay for that evaluation. If you do not have any notes on this issue, you can check with Mark Silliker. I believe he will confirm my understanding. I am providing him with a copy of this letter in the event he feels it appropriate to respond. Very truly yours. DIANE G, RADCLIFF. ESQ(;IRE DGRdr cc: ~[ark Silliker. Esquire DGRidr cc: Mark SilIiker, Esquire Marianne Rudebusch, Esquire Kathleen McCurdy File 36-03C TRANSMITTED BY FAX AND MAIL Page 2 August 27, 2003 . . . . . " Exhibit F fERRY R, DUFFIE RICHARD W 5TEW^RT C. ROY WEIDNER, IR, EDMt.:ND G, MYERS DAVID W DELUCE RALPH H, WRIGHT, IR D^ VID ). U,NZA MARK C, DUFFIE MELISSA PEEL GREEVY ,MICHAEL). CASSIDY ROBERT M, WALKER LA.W OFFICES JOHNSON, DUFFIE. STEWAR:f & WEIDNER A Professional Corporation 30 I MARKET STREET P. O. BOX 109 LEMOYNE. PENNSYLVANIA 17043-0109 WEBS1TE www.}dsw..;om ~ HORACE ^, JOHNSON COUNSEL Te) !liE FIRM TELEPHONE 717.76',.540 FACSIMILE 717.761,3015 E-MAIL mailOjdsw.com i WRITER'S EXTI NO, 1I8 E-MAIL mpg@)j~sw.com August 29, 2003 Diane G, Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Marianne E, Rudebusch, Esquire 4711 locust lane Harrisburg, PA 17109 Re: Daniel D. McCurdy, Jr. v. Kathleen M. McCurdy No. 03-1082 Civil Term In Custody Dear Counsel: I have received your letters regarding the dispute concerning the payment for the custody evaluation which Father had sought. My notes do not reflect an agreement between the parties regarding the cost of sharing, According to my notes. Father had asked for a contribution from Mother, Mother agreed to cooperate but refused to contribute anything for the evaluation, Very truly yours, JOHNSMUFFIE, STEWART & WEIDNER l.~fd (V-L SrLU; Melissa Peel Greevy Custody Conciliator MPGkkm:217763 . . , . , . I. . DANIEL D. McCURDY, JR., PlaintitT/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v, NO. 4322 S 1999 KATHLEEN M. McCURDY, Defendant/Respondent CIVIL LAW IN CUSTODY CERTIFICATE OF SERVICE AND NOW, this JI<tbday of c:;,~A'1A~ ,2003, I, Katherine A. Frey, Secretary to Marianne E. Rudebusch, Esquire, Attorney for the PlaintifflPetitioner, hereby certify that a copy of the within document has been served, by depositing a copy of the same I in the United States mail, first class, postage prepaid, at Harrisburg, Pennsylvania, to the following addressee: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Attorney for Defendant By: Katherine A. Frey . " , ' , . . " Exhibit B , . , " v. IN THE COURT OF COMMON PLEAS CUMBERlAND COUJ'Io"TY, PENNSYLVANIA 1(.'0::'- /01/:';. NO. 4322 8 1~99 DANIEL D. McCURDY, JR., PlaintitTIPetitioner KATHLEEN M. McCURDY, Defendant/Respondent CIVIL LAW IN CUSTODY RULE TO SHOW CAUSE AND NOW, this 1(,;'" day of ~ 2003, upon review of the attached Petition For Allocation of Costs of Psychological Custody Evaluation, a Rule is issued upon the Defendant/Respondent to show cause, if any, why the PlaintifffPetitioner's request should not be granted. Rule Returnable / 0 days from the date of service. J. . ' . . . " ! . ,. Exhibit C . . . . . " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DANIEL D. McCURDY, JR, Plaintiff 03-lo3'J., NO. 4322-l'J'J9 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY () <;; ~;.C r""\ ~ ;: ., t', ':;, !;:c. ~2 z :.< ;n " -.; V. C.""' .' o -1 KATHLEEN M. McCURDY, Defendant ;-" .... --I .-- . r"-._' ., - ~ ;\-.1 -I" ANSWER TO PETITION FOR ALLOCATION OF COSTS OF PSYCHOLOGICAL CUSTODY EVALUATION ;: .-:.J -< AND NOW, this 23rd day of September, 2003, comes the Defendant, Kathleen M. McCurdy, by her attorney, Diane G. Radcliff, Esquire, and files this ANSWER TO PETITION FOR ALLOCATION OF COSTS OF PSYCHOLOGICAL CUSTODY EVALUATION as required by the Rule entered by the Honorable Edward E. Guido on September 16, 2003 as follows: 1. Admitted. It is admitted that the Plaintiff/Petitioner is Daniel D. McCurdy, Jr., an adult individual who resides at 1646 Lowell Lane, New Cumberland, Cumberland County, P A 17070. PlaintiftJPetitioner is hereafter referred to as "Father". 2. Admitted. It is admitted that the Defendant/Respondent is Kathleen McCurdy, an adult individual who resides at 42 Bayberry Drive, Mechanicsburg, Cumberland County, PA 17050. Mother is hereafter referred to as "Mother". 3. Admitted. It is admitted that the parties are the parents of Shannon McCurdy, born 9/26/90, and Matthew T. McCurdy, born 10/8/93. 4. Admitted. It is admitted that a Custody Conciliation Conference was held on 4/2/03 before Melissa p, Greevy, Esquire and a Temporary Order of Court was issued on 4/30/03, a copy of which Order is attached to Father's Petition as Exhibit A. 5, Admitted with Clarification, It is admitted that the order directed the parties to submit themselves and the minor children to a custody evaluation to be performed by Reigler, Shienvold & Associates. By way of further Answer and by way of clarification it is averred that: - 1 - , ,. . . ~ ... . A. This custody litigation was initiated by Father, and was not started at the request of Mother nor required as the result of any conduct on her part. B, At the Custody Conciliation Conference, Father requested that a custody evaluation be performed by Dr. Shienvold. C. In response to this request Mother stated that she would cooperate with, but would not pay for, Father's requested evaluation as she felt that the evaluation was not necessary and did not have the funds to pay for such an evaluation. D. Having received that response Father decided nonetheless to proceed with a custody evaluation, knowing that the costs thereof would be paid solely by him. E. It was not until after Mother's first appointment with Dr. Shienvold that Father insisted on Mother's payment of a portion of the costs of the evaluation and thus refused to go forward with that evaluation unless that contribution was made. 6. Admitted with Clarification. It is admitted that the issue of payment for custody evaluation was not specifically addressed in the Temporary Order of Court. By way of further clarification it is averred that it was agreed and understood at the conciliation conference that if Father wanted to proceed with an evaluation he would have to pay for it as confirmed by the letters from Mother and the Custody Conciliator attached to Father's Petition as Exhibit C, E and F, incorporated by reference hereto. 7. Admitted. It is admitted that counsel for Father contacted opposing counsel, Diane G, Radcliff, Esquire concerning this issue on 8/4/03 by the letter attached to Father's Petition as Exhibit B, 8. Admitted. It is admitted that counsel for Mother, Diane G, Radcliff, Esquire, responded concerning this issue by letter dated 8/5103 stating that Mother was not willing to pay for the costs of the evaluation by the letter attached to Father's Petition as Exhibit C. 9, Admitted, It is admitted that on 8/25/03 counsel for Father contacted the Custody Conciliator to ascertain what might have been agreed on at the conference as to - 2 - c , . . . payment ofthe evaluation by the letter attached to Father's Petition as Exhibit 0, 10. Admitted. It is admitted that on 8/27/03 counsel for Mother contacted the Custody Conciliator as well by the letter attached to Father's Petition as Exhibit E, II. Admitted. It is admitted that the custody conciliator responded by letter dated 8/29/03, which letter is attached to Father's Petition as Exhibit F. By way of further Answer and clarification it is averred that the Custody Conciliator agreed with the position set forth Mother's counsel's letter to Father's counsel dated 8/5/03 and Mother's counsel's letter to the custody conciliator dated 8/27/03 in which it was stated that Mother agreed to cooperate with but not pay for the custody evaluation. NEW MATTER 12. Mother incorporates by reference the answers and averments set forth in Paragraphs I through II herein, the same as if fully set forth at length herein. 13. This custody litigation was initiated by Father, and was not started at the request of Mother nor required as the result of any conduct on her part. 14. At the Custody Conciliation Conference, Father requested that a custody evaluation be performed by Dr. Shienvold. 15. In response to this request Mother stated that she would cooperate with, but would not pay for, Father's requested evaluation as she felt that the evaluation was not necessary and did not have the funds to pay for such an evaluation. 16. Having received that response Father decided nonetheless to proceed with a custody evaluation, knowing that the costs thereof would be paid solely by him. 17. It was not until after Mother's first appointment with Dr. Shienvold that Father insisted on Mother's payment of a portion of the costs of the evaluation and thus refused to go forward with that evaluation unless that contribution was made. 18. Mother, suggested that the parties engage in mediation of their disputes with Deb Salem ofInter Works but Father refused that suggestion. One of the reasons for this request was based on the fact that Father refused to listen to the stated position of the children, ages 12 (almost 13) and 9 (almost 10), which have always indicated their desire to live with Mother and not to change the existing custody arrangements. - 3 - ~ . ~ . >. f. .. .. . 19. The evaluation is requested solely by Father, and as such Dr. Shienvold would be his expert witness, although he is required to be impartial in these proceedings. Mother should not be forced to pay for his expert. 20. Mother has no funds with which to pay for a custody evaluation. 21. Mother does not believe an evaluation is necessary under the circumstances of this case, where the children have lived solely with Mother since April 30, 1997, they are well adjusted and happy under the current arrangements, and they do not want the current arrangements to change. Wherefore, Mother respectfully requests this Honorable Court to enter an Order denying Father's Petition and request for the allocation of the costs of the custody evaluation. Respectfully submitted, \~ ~ ESQUIRE ( 3 e Road CampHiII,PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID # 32112 Attorney for Defendant/Respondent Dated: September 23. 2003 - 4 - . . . . , I. . ~ , , . VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities, ~I),{}C'c HLEEN M. McCURDY 9-:;2:3-() :3 Dated: - 5 - .. . . .. . . . . .. '. , CERTIFICATE OF SERVICE I, DIANE G, RADCLIFF, ESQUIRE, hereby certify that on September 23.2003, I served a true and correct copy of the Answer to Plaintiff's Petition for Allocation of Costs of Psychological Custody Evaluation upon Plaintiff's Attorney, Marianne E. Rudebusch, Esquire, by mailing same by first class mail, postage prepaid, addressed as follows: Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 \ \ D . RADCLIFF, ESQUIRE 3448 Trin e Road a 1,PA17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID # 32112 Date: Seotember 23. 2003 ~ ( . , . , . " . .. . DANIEL D. McCURDY, JR., Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 4322 S 1999 v. KATHLEEN M. McCURDY, Defendant/Respondent CIVIL LAW : IN CUSTODY CERTIFICATE OF SERVICE AND NOW, this JJ!!.. day of _O~Ia.eA-- , 2003, I, Katherine A. Pr y, Secretary to Marianne E. Rudebusch, Esquire, Attorney for the Plaintiff/petitioner, her by certify that a copy of the within document has been served, by depositing a copy of the s me in the United States mail, first class, postage prepaid, at Harrisburg, Pennsylvania, to the following addressee: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Attorney for Defendant By' atherine A. Pre , . () c:: i:-) ?~~ (.. , 1'1 C> I '"1.:7 I_~.' C-) r,-: ..-~., ;/ ") " ((} h :; -< ,I r:: I I 2:: .'n -<:~. , 5.'; c_- r'0 /, "'" -.', . DANIEL D. MCCU DY, JR. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN1Y, PENNSYLVANIA V. KATHLEEN M. MC URDY NO. 2003-1082 CIVIL TERM ORDER OF COURT AND NOW, this 28TH day of OCTOBER, 2003, Plaintiff/Petitioner's request for a hearing to a ocate the costs of a custody evaluation is scheduled for FRIDAY DE E Petitioner is dire ed to pay for all costs connected with the evaluation. By the Court, !Edward E. Guido, J. Marianne E. Rud usch, Esquire 4711 Locust Lan Harrisburg, Pa. 7109 ~ ~_ 10...19-03 Diane G. Radcliff, Esquire 3448 Trindle Roa Camp Hill, Pa. 1 011 O-~ . ~K'\~d JJN('\OQ'CtN'\~ OS :l\ ~d b Z l.'JU to A'd1LON(;:-<.\'c:c,; :,~.:\- 1J 3:)\:\:IO...O;iiij DANIEL D. McCURDY, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, KATHLEEN M, McCURDY, Defendant NO. 2003-1082 CIVIL TERM ORDER OF COURT AND NOW, this 19th day of December, 2003, it appearing that the facts are uncontested, and that the custody evaluation is desired by father, and that mother made it clear at the conciliation that she would participate in, but not pay for, the custody evaluation, it is hereby ordered and directed as follows: 1. The parties shall proceed with the custody evaluation, and all costs incurred in connection therewith shall be paid by father. 2. If the evaluation discloses any underlying pathology that is crucial for the determination of this case on the merits, we will consider allocating the costs thereof at a future time after hearing in this matter. Marianne E. Rudebusch, Esquire For the Plaintiff Diane G. Radcliff, Esquire For the Defendant -<-'~ ~.:J.u1.. p - .J.) ,tJ3 q. srs VlN'V/\1"SNN3d JJ.Nn(Yi ("",'v",'.rQ'<lrY'\ 1 "...~.. ,..,'. -,,' ,,~.::l~j(11 kJ 9\ :8 IN ZZ 330 toOZ A/:i\lLONOHlOl:1d 3Hl ::JO 381::Uo-031I:1 DANIEL D. McCURDY, JR., Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-1082 KATHLEEN M. McCURDY, Defendant/Respondent CIVIL LA W IN CUSTODY PETITION FOR CONTEMPT AND NOW, comes the Plaintiff/Petitioner, Daniel D. McCurdy, Jr., by and through his attorney, Marianne E. Rudebusch, Esquire, and respectfully files the following Petition for Contempt: 1, The parties, Daniel D. McCurdy, Jr. and Kathleen M. McCurdy, hereinafter referred to as Father and Mother, are the natural parents of Shannon Ashley McCurdy born 6/26/90 and Matthew Tyler McCurdy, born 10/8/93. 2, A Temporary Order of Court was issued on 4/30/03, a copy of which is attached hereto as Exhibit A. 3. The evening of 10/19/04 was Father's scheduled evening for an overnight visitation with the children. 4. Father was unable to pick up the children at the normal pick up time of 4:00 p.m. and notified Mother in advance that he would pick up the children at 5 :00 p.m. 5. The children were not at Mother's house when Father arrived to pick them up. 6. Father waited for an hour and tried telephoning Mother without success, 7. Father later learned that Mother had taken the children from her house with the express purpose of denying him his visitation with them. 8. On 10/26/04, Father notified Mother via email that he would be out of town until 11/6/04. 9. On or about 11/2/04, Father learned that he would be able to rearrange his travels and, thus, would be able to pick up the children at his normal pick up time on 11/5/04, 10, Father immediately attempted to telephone Mother to advise her of his intention to pick up the children on 11/5/04. Mother was not available by telephone and Father left a message for her on the answering machine; Mother did not return his call. 11. Father attempted to telephone Mother again on 11/3/04 and 11/4/04, without success, and without a return call from Mother. 12, At or about noon on Friday, 11/5/04, Father telephone Mother at her place of employment to advise her that he was able to pick up the children at his normal time. Mother stated that she would get back to Father about picking up the children. 13. Father attempted to pick up the children at approximately 4: 15 p.m. on 11/5/04, Mother refused to release the children to Father stating that the children were not at home and that they had other plans. 14. Mother called the Silver Springs Police Department, who refused to become involved, but told Father that the parties' son was inside the home and suggested that Father return at noon on 11/6/04, 15. Subsequently, the children reported to Father that they only ran errands on 11/5/04 and would have liked to have spent the night with him. 16. Mother refuses to give Father her current cell phone number and does not respond to voice mail messages or emails he sends her making it difficult to communicate with her regarding custody exchanges. WHEREFORE, FatherIPetitioner prays this Honorable Court to enter an order directing that: a. Mother/Respondent to fully cooperate with Father's periods of custody; b. Mother/Respondent pay to Father $500.00 in attorney's fees for the preparation of this Petition for Contempt~ and c. Father be awarded two additional nights of custody as make-up for the time he lost. Respectfully Submitted, / (ivlJ:.J,OvIAv-i- ~~ d{ Marianne E, Rudebusch, Esquire 4711 Locust Lane Harrisburg, P A 17109 717-657-0632 Id. No. 63522 Dated: DANIEL D. McCURDY, JR., Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-1082 KATHLEEN M. McCURDY, Defendant~espondent CIVIL LAW : IN CUSTODY VERIFICATION I verify that the statements made in the foregoing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities, By: .LJ llJJ!t~~L ~ Daniel D. McCurdy, J:.vc.v7 ( Date: EXHIBIT A ;'. ) ') APR 2 9 2003 DANIEL D. McCURDY, JR., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 03-1082 CIVIL TERM v. CIVIL ACTION - LAW KATHLEEN M. McCURDY, IN CUSTODY Defendant GUIDO, J. -- TEMPORARY ORDER OF COURT AND NOW, this 30 ~ day of April, 2003, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Leqal Custody, The parties, Daniel D. McCurdy, Jr. and Kathleen M. McCurdy, shall have shared legal custody of the minor children, Shannon Ashley McCurdy, born June 26, 1990, and Matthew Tyler McCurdy, born October 8,1 993. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa. C. S. 95309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. The following school year physical custody schedule reflects the status quo in which Mother has primary physical custody subject to Father's rights of partial physical custody which are arranged as follows: A. Commencing April 25, 2003, on alternating weekends from after school until the following Monday morning. B. Commencing April 22, 2003, on alternating Tuesday evenings from after school until the following Wednesday morning. C. Commencing May 1, 2003, on alternating Thursday evenings from after school until the following Friday morning. ( ( NO. 03-1082 CIVil TERM 3. Holidavs. A. The parties shall alternate the following holidays commencing with Father having custody for Memorial Day: Memorial Day, Independence Day, labor Day, and Thanksgiving. B. Christmas shall be shared by the parties as follows: In December 2003, Father shall have custody from December 24th through December 25th at 2:00 p.m, at which time the children shall return to Mother's custody. 4. Summer Vacation, Each parent shall be entitled to two (2) non-consecutive weeks of custody, not to include the other parent's custodial weekend, during the Summer 2003. The parties will provide each 'other with thirty (30) days written notice of their intended vacation weeks. In the event that the parties have a conflicting vacation schedule, the party first providing written notice to the other parent shall have choice of the vacation time, For purposes of this paragraph, a week is considered to be from Friday to Friday, unless otherwise agreed. 5, In the event either party is unavailable to provide care for the children during his or her period of custody for periods of four (4) hours or more, that party shall first make a reasonable effort to contact the other party to offer the parent the opportunity to provide care for the children before contacting third-party caregivers. 6, The parties shall submit themselves and their minor children to an independent custody evaluation to be performed by Reigler, Shienvold & Associates, The parties shall sign all necessary releases and authorizations for the evaluator to obtain medical and psychological information pertaining to the parties. Additionally, the parties shall extend their full cooperation in completing this evaluation in a timely fashion and in the scheduling of appointments. 7. A hearing is ~fheduled in Courtroom Number 5 of the Cumberland County ~rthouse, on the I A "'fIn day of lfi~ Ill' , 2003, at /:(1 tJ o'clock t::::-.M" at which time testimony will be taken. For the purposes of the hearing, the Father, Daniel D. McCurdy, Jr., 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 NO. 03'-1082 CIVIL TERM testimony of each witness. hearing date, These memoranda shall be filed at least ten days prior to the /~ ) BY THse6i~OURT: /<< L--:. '~ ::::;;;" -- fit. _ " ' - - ' I Edward E. Guido, J. Dist: Mark T, Silliker, Esquire, 5922 Linglestown Road, Harrisburg, PA 17112 Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011 eoP'l' fROM RECORD .! TR.U~ h f 1 here unto set my hand U T~imonY'2dWf ~redOC.'Q\Jrt5ar\is\e, Pa_ ~" ~~a 0 ," ',~.." of.. . f \ _. ~;.:;,~~ ~. ,\..1.. _~J~A , .' .....It.''''t:''.. . --- DANIEL D. McCURDY, JR., Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 03-1082 KATHLEEN M. McCURDY, DefendantlRespondent : CIVIL LAW : IN CUSTODY CERTIFICATE OF SERVICE AND NOW, this /'-- day of ~ ,2003, I, Katherine A. Frey, Secretary to Marianne E. Rudebusch, Esquire, Attorney for the Plaintiff/Petitioner, hereby certify that a copy ofthe within document has been served, by depositing a copy of the same in the United States mail, first class, postage prepaid, at Harrisburg, Pennsylvania, to the following addressee: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Attorney for Defendant By: ~t~ Katherine A. Frey / ~ 1~~ L. D i; ~ 0 n ~N;:c)C er, () p:: ,_::' . ~ ~.... o -11 --/ T-n r 11;:.::;: -n:'n ~:r~ ;2 :~ ;:l'{ ':! C'0 c., .. C..) -.J "".' <:.:::> c. .'> ..J.- -.,... . '. , . ""lie:: DANIEL D. McCURDY, JR., PlaintifflPetitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-1082 KATHLEEN M. McCURDY, DefendantlRespondent CIVIL LAW IN CUSTODY PETITION FOR THE MODIFICATION OF CUSTODY ORDER AND NOW, comes the PlaintifflPetitioner, Daniel D. McCurdy, Jr., by and through his attorney, Marianne E. Rudebusch, Esquire, and respectfully avers as follows: I. The PlaintifflPetitioner is Daniel D. McCurdy, Jr., an adult individual who resides at 1646 Lowell Lane, New Cumberland, Cumberland County, Pennsylvania, 17070. 2. The Defendant/Respondent is Kathleen M. McCurdy, an adult individual who resides at 42 Bayberry Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. The parties are the natural parents of Shannon A. McCurdy, born 9/26/90 and Matthew T. McCurdy, born 10/8/93. 4. A Custody Conciliation Conference was held on 4/21/03 before Melissa P. Greevy, Esquire and a Temporary Order of Court was issued on 4/30/03. Said Order is attached hereto as Exhibit A, 5. Plaintiff/Petitioner desires that said Order be modified. WHEREFORE, PlaintifflPetitioner respectfully requests that this Honorable Court schedule a Custody Conciliation. Respectfully Submitted, ~ f-(~c.~L( Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, P A 17109 (717) 657-0632 Id. No. 63522 Dated: DANIEL D. McCURDY, JR., Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 03-1082 KATHLEEN M. McCURDY, Defendant/Respondent CIVIL LA W IN CUSTODY VERIFICATION I verify that the statements made in the foregoing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. By: JJJ~t'/ .4~, Daniel D. McCurdy, r7(' Date: EXHIBIT A .... ) ~) t\PR 2 9 2003 DANIEL D. McCURDY, JR., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 03-1082 CIVIL TERM v. CIVIL ACTION - LAW KATHLEEN M. McCURDY, IN CUSTODY Defendant GUIDO, J. --- TEMPORARY ORDER OF COURT AND NOW, this 30 ~ day of April, 2003, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Leqal Custody, The parties, Daniel D. McCurdy, Jr. and Kathleen M. McCurdy, shall have shared legal custody of the minor children, Shannon Ashley McCurdy, born June 26, 1990, and Matthew Tyler McCurdy, born October 8,1 993. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa. C. S. ~5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. The following school year physical custody schedule reflects the status quo in which Mother has primary physical custody subject to Father's rights of partial physical custody which are arranged as follows: A. Commencing April 25, 2003, on alternating weekends from after school until the following Monday morning. B, Commencing April 22, 2003, on alternating Tuesday evenings from after school until the following Wednesday morning. C. Commencing May 1,' 2003, on alternating Thursday evenings from after school until the following Friday morning. ( /' ( NO. 03-1082 CIVIL TERM 3. Holidavs, A, The parties shall alternate the following holidays commencing with Father having custody for Memorial Day: Memorial Day, Independence Day, labor Day, and Thanksgiving. B. Christmas shall be shared by the parties as follows: In December 2003, Father shall have custody from December 24th through December 25th at 2:00 p.m, at which time the children shall return to Mother's custody. 4, Summer Vacation. Each parent shall be entitled to two (2) non-consecutive weeks of custody, not to include the other parent's custodial weekend, during the Summer 2003. The parties will provide each' other with thirty (30) days written notice of their intended vacation weeks. In the event that the parties have a conflicting vacation schedule, the party first providing written notice to the other parent shall have choice of the vacation time. For purposes of this paragraph, a week is considered to be from Friday to Friday, unless otherwise agreed. 5. In the event either party is unavailable to provide care for the children during his or her period of custody for periods offour (4) hours or more, that party shall first make a reasonable effort to contact the other party to offer the parent the opportunity to provide care for the children before contacting third-party caregivers. 6. The parties shall submit themselves and their minor children to an independent custody evaluation to be performed by Reigler, Shienvold & Associates. The parties shall sign all necessary releases and authorizations for the evaluator to obtain medical and psychological information pertaining to the parties. Additionally, the parties shall extend their full cooperation in completing this evaluation in a timely fashion and in the scheduling of appointments. 7. A hearing is ~kheduled in Courtroom Number 5 of the Cumberland County SWrthouse, on the /A"fIn day of l-n~ I&~'- I 2003, at I:~ (J o'clock ~.M., at which time testimony will be taken~ For the purposes of the hearing, the Father, Daniel D. McCurdy, Jr., 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 N<:J. 03'-1082 CIVIL TERM testimony of each witness. hearing date. These memoranda shall be filed at least ten days prior to the /~ BYTH~~" ,'. . . -/~, Edward E. Guido, J. Dist: Mark T, Silliker, Esquire, 5922 Linglestown Road, Harrisburg, P A 17112 Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011 - - f( fROM RECORD -I TR.U~ COh Y f t here unto set my hand U TElfrtimony w ~reo,. . \ pa t.,1" ~~a'2df d Court~arhS~' . . ~~~ ~ . 01-- '.......~ .~- \ rfj/IJ . JD'J'\ 1~. ' 9 l', .\ffl.. - ' .' . 4(' . ... -... DANIEL D. McCURDY, JR., Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-1082 KATHLEEN M. McCURDY, Defendant/Respondent CIVIL LAW IN CUSTODY CERTIFICATE OF SERVICE AND NOW, this ~ay of ,}J~ ,2003, I, Katherine A. Frey, Secretary to Marianne E. Rudebusch, Esquire, Attorney for the Plaintiff/Petitioner, hereby certify that a copy of the within document has been served, by depositing a copy of the same in the United States mail, first class, postage prepaid, at Harrisburg, Pennsylvania, to the following addressee: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Attorney for Defendant By:~l~ Katherine A. Frey .. - (J -p ~ ~ i V) tt- 0 - ~ () r', 1"',) ~ (.';:1 0 0 (",H_ e""." ~'- -n D --I V') ~ :") ~r" _~ ~ _I:::: : I"lr:~ :-~:~ !ij ~ CO (CH:~ (~~) I ~ ~ -....::: U ~;:~ -" C.) I 17"'" (,.) n -.J ~~< DANIEL D. MCCURDY, JR. PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 03-1082 CIVIL ACTION LAW KATHLEEN M, MCCURDY DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, December 02, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. at 301 Market Street, Lemoyne, P A 17043 on Tuesday, January 04, 2005 , the conciliator, at 9:30 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 hearine:. FOR THE COURT, By: Isl Melissa P. Greevy', Esq. Custody Conciliator mhc 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 A TTORNEY 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 Assodation 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~h-?~ ~ ~~~~~ ~r~~~//o/ \...1\ 1/....... i:. V;; '. 1/\;)] ";! 11~,10--.r", r--~ _ -" '-." "I""',", ~j'i;:j,.....;.._;~. .',- ;--~':'-'i"/~~,iJ OS:I t.l,j (?- '";":101-.1')07 l".. ..I v_ 'IUU", ;"H\-il (~:L!t~-..J; ;--t'.J I :JHl -10 '",UV..!..VI "'.......i i........V'....!1.:) -Jl .:J ~J)j:40-CJ31!:1 ~~ ~-e/ 40- ~- el 6C/- C7- cl -) c0 NOV 2 4 2004~ DANIEL D. McCURDY, JR., Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-1082 KATHLEEN M. McCURDY, Defendant/Respondent CIVIL LA W IN CUSTODY RULE TO SHOW CAUSE AND NOW, this day of ,2004, upon review of the attached Petition For Contempt, a Rule is issued upon the Defendant/Respondent to show cause, if any, why the Plaintiff/Petitioner's request should not be granted. days from the date of service. Rule Returnable BY THE COURT: J. DANIEL D. McCURDY, JR., Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-1082 KATHLEEN M. McCURDY, Defendant/Respondent CIVIL LAW IN CUSTODY PETITION FOR CONTEMPT AND NOW, comes the Plaintiff/Petitioner, Daniel D. McCurdy, Jr., by and through his attorney, Marianne E. Rudebusch, Esquire, and respectfhlly files the following Petition for Contempt: 1. The parties, Daniel D. McCurdy, Jr, and Kathleen M. McCurdy, hereinafter referred to as Father and Mother, are the natural parents of Shannon Ashley McCurdy born 6/26/90 and Matthew Tyler McCurdy, born 10/8/93, 2. A Temporary Order of Court was issued on 4/30/03, a copy of which is attached hereto as Exhibit A. 3, The evening of 10/19/04 was Father's scheduled evening for an overnight visitation with the children. 4. Father was unable to pick up the children at the normal pick up time of 4:00 p.m. and notified Mother in advance that he would pick up the children at 5 :00 p.m. 5. The children were not at Mother's house when Father arrived to pick them up. 6. Father waited for an hour and tried telephoning Mother without success, 7. Father later learned that Mother had taken the children from her house with the express purpose of denying him his visitation with them. 8. On 10/26/04, Father notified Mother via em ail that he would be out of town until 11/6/04. 9. On or about 11/2/04, Father learned that he would be able to rearrange his travels and, thus, would be able to pick up the children at his normal pick up time on 11/5/04. 10. Father immediately attempted to telephone Mother to advise her of his intention to pick up the children on 11/5/04, Mother was not available by telephone and Father left a message for her on the answering machine; Mother did not return his call. 11. Father attempted to telephone Mother again on 11/3/04 and 11/4/04, without success, and without a return call from Mother. 12. At or about noon on Friday, 11/5/04, Father telephone Mother at her place of employment to advise her that he was able to pick up the children at his normal time. Mother stated that she would get back to Father about picking up the children. 13. Father attempted to pick up the children at approximately 4: 15 p.m. on 11/5/04. Mother refused to release the children to Father stating that the children were not at home and that they had other plans. 14. Mother called the Silver Springs Police DepaItment, who refused to become involved, but told Father that the parties' son was inside the home and suggested that Father return at noon on 11/6/04. 15, Subsequently, the children reported to Father that they only ran errands on 11/5/04 and would have liked to have spent the night with him. 16. Mother refuses to give Father her current cell phone number and does not respond to voice mail messages or emails he sends her making it difficult to communicate with her regarding custody exchanges. WHEREFORE, FatherIPetitioner prays this Honorable Court to enter an order directing that: a. Mother/Respondent to fully cooperate with Father's periods of custody; b. Mother/Respondent pay to Father $5010.00 in attorney's fees for the preparation of this Petition for Contempt; and c. Father be awarded two additional nights of custody as make-up for the time he lost. Respectfully Submitted, /~~~~AA~ R~ d( arianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, P A 17109 717-657-0632 Id. No. 63522 Dated: DANIEL D. McCURDY, JR., Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-1082 KATHLEEN M. McCURDY, Defendant/Respondent CIVIL LAW IN CUSTODY VERIFICATION I verify that the statements made in the foregoing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A, Section 4904 relating to unsworn falsification to authorities. By: .LJ l ?J1~ Daniel D. McCurdy, Jr. ::P Date: ~ . EXHIBIT A ~ /) " !~PR 2 9 za03 DANIEL D. McCURDY, JR., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 03-1082 CIVIL TERM v. CIVIL ACTION - LAW KATHLEEN M. McCURDY, IN CUSTODY Defendant GUIDO, J. -- TEMPORARY ORDER OF COURT AND NOW, this 30 ~ day of April, 2003, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Leqal Custody, The parties, Daniel D. McCurdy, Jr. and Kathleen M. McCurdy, shall have shared legal custody of the minor children, Shannon Ashley McCurdy, born June 26, 1990, and Matthew Tyler McCurdy, born October 8,1 993. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa, C. S. 95309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parEmt. 2. The following school year physical custody schedule reflects the status quo in which Mother has primary physical custody subject to Father's rights of partial physical custody which are arranged as follows: A. Commencing April 25, 2003, on alternating weekends from after school until the following Monday morning. B. Commencing April 22, 2003, on alternating Tuesday evenings from after school until the following Wednesday morning. C. Commencing May 1, 2003, on alternating Thursday evenings from after school until the following Friday morning, :"-J ( ( NO, 03-1082 CIVIL TERM 3. Holidavs. A. The parties shall alternate the following holidays commencing with Father having custody for Memorial Day: Memorial Day, Independence Day, Labor Day, and Thanksgiving. B. Christmas shall be shared by the parties as follows: In December 2003, Father shall have custody from December 24th through December 25th at 2:00 p.m, at which time the children shall return to Mother's custody. 4. Summer Vacation. Each parent shall be entitled to two (2) non-consecutive weeks of custody, not to include the other parent's custodial weekend, during the Summer 2003. The parties will provide each' other with thirty (30) days written notice of their intended vacation weeks. In the event that the parties have a conflicting vacation schedule, the party first providing written notice to the other parent shall have choice of the vacation time. For purposes of this paragraph, a week is considered to be from Friday to Friday, unless otherwise agreed, 5. In the event either party is unavailable to provide care for the children during his or her period of custody for periods of four (4) hours or more, that party shall first make a reasonable effort to contact the other party to offer the parent the opportunity to provide care for the children before contacting third-party caregivers. 6. The parties shall submit themselves and their minor children to an independent custody evaluation to be performed by ReiglE~r, Shienvold & Associates. The parties shall sign all necessary releases and authorizations for the evaluator to obtain medical and psychological information pertaining to the parties. Additionally, the parties shall extend their full cooperation in completing this evaluation in a timely fashion and in the scheduling of appointments, 7" A hearing is ~fheduled in Courtroom Number 5 of the Cumberland County SWrthouse, on the /A"fIIn day of C7'U.AJL. , 2003, at /:fJ (J o'clock ~.M., at which time testimony will be taken~ For the purposes of the hearing, the Father, Daniel D. McCurdy, Jr" shall be deemed to be the movin9 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 ./ NO. 03'-1082 CIVIL TERM testimony of each witness. hearing date. These memoranda shall be filed at least ten days prior to the /// BYT~ Edward E. Guido, J. Dist: Mark T. Silliker, Esquire, 5922 Linglestown Road, Harrisburg, PA 17112 Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011 .. ., DANIEL D. McCURDY, JR., Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-1082 KATHLEEN M. McCURDY, Defendant/Respondent CIVIL LA W IN CUSTODY CERTIFICATE OF SERVICE AND NOW, this I-r--- day of f~ _,2003, T, Katherine A. Frey, Secretary to Marianne E. Rudebusch, Esquire, Attorney for the Plaintiff/Petitioner, hereby certify that a copy of the within document has been served, by depositing a copy of the same in the United States mail, first class, postage prepaid, at Harrisburg, Pennsylvania, to the following addressee: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Attorney for Defendant By: ~~ i fir Katherine A. Frey ... 1fi~ . ...... () 3 ~ 0 CI) Iv n ,..,) <:.::> (;--,) ...L ,~ o -11 :;1 .';: r n 'J:J ".. , \, ,"n co ~ .~, ::~)J -"';''''': ~ ---'...: ,,)'~~1:~ (;',' ,,' ....,::,! c.):) _J -< )~ DANIEL D. MCCURDY, JR. PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 03-1082 CIVIL ACTION LAW KATHLEEN M. MCCURDY DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, December 02, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. at 301 Market Street, Lemoyne, PA 17043 on Tuesday, January 04, 2005 , the conciliator, at 9:30 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 hearine:. FOR THE COURT. By: Isl Melissa P. GreeV}l', Esq. Custody Conciliator mhc 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 17013 Telephone (717) 249-3166 ~fw~~~ ~c?' fzp ;e ~ ~u., ~ ~ ~~~/-,Ptp . . \:~',::'!~!:',~>:::,:::i\ln8 I .}"n, '.' 1\..1..l "I i.... ""0 hlHil II I ?, - J.:1 Ii:U \ S : \ Ha ..... , . (." , I 'J1 Ii :10 ~~ 1\; II~-t ~C;-<J..U':1~..,'7r:"" I :~ J..L....381j~o-Gj \~j -1a,e ,el ~Ci).. f:'. l?( /10' e'e/ o , Of Nav 2 4 2004 f DANIEL D. McCURDY, JR., Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-1082 KATHLEEN M. McCURDY, Defendant/Respondent CIVIL LAW IN CUSTODY ORDER OF COURT AND NOW, upon consideration ofthe attached Petition for Conciliation Conference, it is hereby directed that the parties and their respective counsel appear before , the Conciliator, on the day of , 2004 at o'clock _.m., at , Pennsylvania, for a Custody Conciliation. 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 the entry of a temporary or permanent Order, BY THE COURT: Date of Order: By: Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR I"A WYER AT ONCE. IF YOU DO NOT HA VE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 DANIEL D. McCURDY, JR., Plaintiff/Petitioner IN THE COURT OF' COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-1082 KATHLEEN M. McCURDY, Defendant/Respondent CIVIL LAW IN CUSTODY PETITION FOR THE MODIFICATION OF CUSTODY ORDER AND NOW, comes the Plaintiff/Petitioner, Daniel D. McCurdy, Jr., by and through his attorney, Marianne E. Rudebusch, Esquire, and respectfully avers as follows: 1. The Plaintiff/Petitioner is Daniel D. McCurdy, Jr" an adult individual who resides at 1646 Lowell Lane, New Cumberland, Cumberland County, Pennsylvania, 17070. 2, The Defendant/Respondent is Kathleen M. W[cCurdy, an adult individual who resides at 42 Bayberry Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. The parties are the natural parents of Shannon A. McCurdy, born 9/26/90 and Matthew T. McCurdy, born 10/8/93. 4. A Custody Conciliation Conference was held on 4/21/03 before Melissa P. Greevy, Esquire and a Temporary Order of Court was issued on 4/30/03. Said Order is attached hereto as Exhibit A. 5. PlaintifflPetitioner desires that said Order be modified. WHEREFORE, PlaintifflPetitioner respectfully requests that this Honorable Court schedule a Custody Conciliation. Respectfully Submitted, ~ f- f~L<-'~ Marianne E. Rudlebusch, Esquire 4711 Locust Lane Harrisburg, PAl 7109 (717) 657-0632 Id. No. 63522 Dated: DANIEL D. McCURDY, JR., Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-1082 KATHLEEN M. McCURDY, Defendant/Respondent CIVIL LA W IN CUSTODY VERIFICATION I verify that the statements made in the foregoing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. By: JJ J?/I~ d- Daniel D. McCurdy, Jr. ' Date: EXHIBIT A "\ "} ') APR 2 9 2M3 DANIEL D. McCURDY, JR., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 03-1082 CIVIL TERM v. CIVIL ACTION - LAW KATHLEEN M. McCURDY, IN CUSTODY Defendant GUIDO, J. -- TEMPORARY ORDER OF COURT AND NOW, this 30 ~ day of April, 2003, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Leqal Custody. The parties, Daniel D. McCurdy, Jr. and Kathleen M. McCurdy, shall have shared legal custody of the minor children, Shannon Ashley McCurdy, born June 26, 1990, and Matthew Tyler McCurdy, born October 8,1 993. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa. C, S, 95309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parEmt. 2. The following school year physical custody schedule reflects the status quo in which Mother has primary physical custody subject to Father's rights of partial physical custody which are arranged as follows: A. Commencing April 25, 2003, on alternating weekends from after school until the following Monday morning. B. Commencing April 22, 2003, on alternating Tuesday evenings from after school until the following Wednesday morning. C. Commencing May 1, 2003, on alternating Thursday evenings from after school until the following Friday morning. ( ( NO. 03-1082 CIVIL TERM 3. Holidays. A. The parties shall alternate the following holidays commencing with Father having custody for Memorial Day: ME~morjal Day, Independence Day, Labor Day, and Thanksgiving. B. Christmas shall be shared by thE! parties as follows: In December 2003, Father shall have custody from December 24th through December 25th at 2:00 p.m. at which time the children shall return to Mother's custody. 4, Summer Vacation, Each parent shall be entitled to two (2) non-consecutive weeks of custody, not to include the other parent's custodial weekend, during the Summer 2003. The parties will provide each' other with thirty (30) days written notice of their intended vacation weeks. In the event that the parties have a conflicting vacation schedule, the party first providing written notice to the other parent shall have choice of the vacation time. For purposes of this paragraph, a week is considl~red to be from Friday to Friday, unless otherwise agreed, 5. In the event either party is unavailable to provide care for the children during his or her period of custody for periods offour (4) hours or more, that party shall first make a reasonable effort to contact the other party to offer the parent the opportunity to provide care for the children before contacting third-party caregivers. 6. The parties shall submit themselves and their minor children to an independent custody evaluation to be performed by Reigler, Shienvold & Associates. The parties shall sign all necessary releases and authorizations for the evaluator to obtain medical and psychological information pertaining to the parties. Additionally, the parties shall extend their full cooperation in completing this evaluation in a timely fashion and in the scheduling of appointments. 7, A hearing is '::;,kheduled in Courtroom Number 5 of the Cumberland County ~rthouse, on the /A-.n day of l7'U.iUE. I 2003, at I:~ fJ o'clock ~.M., at which time testimony will be taken~ For the purposes of the hearing, the Father, Daniel D. McCurdy, Jr" shall be deemed to be the movin9 party and shall proceed initially with testimony. Counsel for the parties or the parties pro sa 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 ... . -NO. 03'-1082 CIVIL TERM testimony of each witness. hearing date. These memoranda shall be filed at least ten days prior to the //~ BYT~ Edward E. Guido, J. Dist: Mark T, Silliker, Esquire, 5922 Linglestown Road, Harrisburg, PA 17112 Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011 DANIEL D. McCURDY, JR., Plaintiff/Petitioner v. KATHLEEN M. McCURDY, DefendantlRespondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1082 CIVIL LAW IN CUSTODY CERTIFICATE OF SERVICE AND NOW) this ~ay of .}J~ ) 2003) I, Katherine A. Frey, Secretary to Marianne E. Rudebusch, Esquire, Attorney for the Plaintiff/Petitioner, hereby certify that a copy ofthe within document has been served, by depositing a copy of the same in the United States mail, first class, postage prepaid, at Harrisburg, Pennsylvania, to the following addressee: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Attorney for Defendant By:~l~ Katherine A, Frey IV ~ ~ tl i V) D - ~ () ~ r \ 1"'..:' 0 c..:::.o. 0 c.") D ~.J.:'" -T/ V, p:.J ..,...... --I ~ ~~rl "!: r" - ~ -\11 II CO ,:;>~ ~ _....t"~ " -, ( - , "" .i l (.) ;TI C) :~2 -.J j.6 G( y JAN 2 tl 20~ DANIEL D, McCURDY, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 03-1082 CIVIL TERM v, CIVIL ACTION - LAW KATHLEEN M, McCURDY, IN CUSTODY Defendant GUIDO, J, --- ORDER A hearing is scheduled in courtro~ Number 5 of the Cumberland county0- Courthouse, on the tJ- -M day of mAl? ,2005, at 2( :.30 o'clock a.M. 112.,'. at which time testimony will be taken, For the purposes of the hearing, the Father, Daniel D, ) McCurdy, Jr" shall be deemed to be the moving party and shall proceed initially with testimony. Father's Petition for Modification of the Custody Order and Father's Petition for Contempt shall be consolidated and heard at the hearing scheduled above. 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. VItNlUi((Y 3/ ,?l.dO.5 / URT: ) -t Edward E. Guido, J. Dist: ~ianne R, Rudebusch, Esquire, 4711 Locust Lane, Harrisburg, PA 17109 (",":; 7-0 L 3JA ;)iane G, Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011 7 b7 - 0/ (J 0 ::J / ~ 7 I' I Z ,,-, 1 CO;"., Lt. :v ~<'>:j - G.J.J ..UUG- DANIEL D, McCURDY, JR., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO, 03-1082 CIVIL TERM v. CIVIL ACTION - LAW KATHLEEN M, McCURDY, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1, The pertinent information concerning the children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Shannon Ashley McCurdy June 26, 1990 Matthew Tyler McCurdy October 8,1993 Mother Mother 2, A Custody Conciliation Conference was held on January 5, 2005 with the following individuals in attendance: the Father, Daniel D, McCurdy, Jr" and his counsel, Marianne R. Rudebusch, Esquire; the Mother, Kathleen M, McCurdy, and her counsel, Diane G. Radcliff, Esquire. The father filed a Petition for Contempt and for Modification on November 18, 2004. 3. Father's position on custodv is as follows: In his Petition for Contempt, Father alleges that Mother denied custody on the weekend of November 5, 2004 after his plans had changed for that weekend during which he thought he would be out of town. Father alleges he gave Mother two or three days notice of the change in plans that would permit him to exercise his regular period of custody, However, he alleges that Mother failed to return his phone calls, Father further alleges that Mother failed to turn the children over until November 6, 2004. Father alleges that Mother has been unwilling to provide him with her cell phone number and does not respond to messages or e-mails. Finally, Father alleges that Mother denied an overnight period of custody on October 19, 2004. Father seeks counsel fees and makeup time. With regard to Father's Petition to Modify, Father seeks additional custodial time with the children. Father's preference would be to have an equally shared physical custody schedule, His present schedule provides custody on alternating weekends and one week night during each week, NO. 03-1082 CIVIL TERM 4, Mother's position on custody is as follows: Mother strongly prefers to follow the recommendations of the custody evaluation which the parties undertook at Father's request. She specifically references a portion of the report in which Dr. Shienvold recommends that Matthew have additional custodial time with Father during the summer but that there not be any significant modifications to this current custodial arrangement during the school year. With regard to the recommendation that Father's time be gradually increased to an equally shared time schedule during the summer vacation, Mother offered to give Father one additional week during the summer to expand upon his current two weeks during the summer schedule. She is not, however, willing to deviate from Dr. Shienvold's recommendation that there be no significant modifications to the school year custodial schedule. 5, At the conclusion of the Custody Conciliation Conference counsel sought, and were granted, an opportunity to continue to work with theil" clients toward the possibility of resolving this matter via stipulation. However, on January 14, 2005, Mother's counsel asked the Conciliator to proceed with scheduling a custody hearing in this matter. Accordingly, an Order scheduling hearing is attached. The Conciliator makes no recommendations for modification of the present Order pending that hearing. ) ;;6b( Date //~ l_l~;o~ Melissa Peel Greevy, Esquire Custody Conciliator :242879 DANIEL D. McCURDY, JR., PlaintifflPetitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 03-1082 KATHLEEN M. McCURDY, DefendantlRespondent CIVIL LAW IN CUSTODY PETITION FOR A PRE-TRIAL CONFERENCE AND NOW, comes the PlaintifflPetitioner, Daniel D. McCurdy, Jr., by and through his attorney, Marianne E. Rudebusch, Esquire, and respectfully avers as follows: 1. The PlaintifflPetitioner is Daniel D. McCurdy, Jr., an adult individual who resides at 1646 Lowell Lane, New Cumberland, Cumberland County, Pennsylvania, 17070. 2. The Defendant/Respondent is Kathleen M. McCurdy, an adult individual who resides at 42 Bayberry Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. The parties are the natural parents of Shannon A. McCurdy, born 9/26/90 and Matthew T. McCurdy, born 10/8/93. 4, PlaintifflPetitioner filed a Petition to Modify Custody and a custody hearing is scheduled for 3/4/05. 5. In an effort to avoid a full custody hearing, the parties have agreed that the children be interviewed as to their preferences concerning the custody schedule by either Judge Guido or Melissa Greevy, Esquire, the Custody Conciliator in this matter. See letter from Defendant's attorney dated 2110/05 attached hereto as Exhibit A. 6, Attorney Greevy has indicated that she would be willing to interview the children if ordered to do so by the court. WHEREFORE, Plaintiff/Petitioner, Daniel McCurdy respectfully requests that an Order of Court be issued directing that Melissa Greevy interview the children as to their preference for the custody schedule, Respectfully Submitted, ~~ 2cLcko< Marianne E, Rudebusch, Esquire ........ 4711 Locust Lane Harrisburg, PA 17109 (717) 657-0632 Id. No. 63522 Dated: ,) -/~/o5 }U~~ , FEB-10-2005 16:49 D J A~IE RADell FF 717 975 0697 P.02/02 DIANE G. RADCLIFF, ESQUIRE 3448 Trindle Road, Camp Hilt, PA 17011 Phone: 717.737-0100 Fax: 717.975-0697 E-mail: dianeradcliff@comcast.net February 10, 2005 Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 Re: Dan McCurdy vs. Kathleen McCurdy Cumberland County Custody Action Dear Marianne: Kathleen will agree to Dan's suggestion of having the children interviewed by either the judge or Melissa Greevy, Esquire with the understanding that Dan will withdraw his custody petition if the children state that they want the schedule to remain the same as it currently is. Obviously, if the children state they want more time or less time with Dan, that ultimate schedule will have to be decided by the Court or by agreement of the parties. I would prefer to have Melissa Greevy do the interview solely because I feel her demeanor would be far less threatening to the children. Kathleen is agreeable to that suggestion although she will also agree to have the judge do the interview if necessary. In any event, it is imperative that the interview take place ASAP as the hearing is scheduled for March 4, 2004 and I would like to avoid the costs of trial preparation. I would also like to clear this hearing from Dr. Shienvold's calendar if his testimony will not be required. Please advise me how you want to handle the scheduling. Very truly yours, IF~~ ( DGRidr cc: Kathleen McCurdy File 36.03,( TRANSMITTED BY FAX AND MAIL TOTAL P, 02 DANIEL D. McCURDY, JR., PlaintifflPetitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-1082 KATHLEEN M. McCURDY, DefendantlRespondent CIVIL LAW IN CUSTODY CERTIFICATE OF SERVICE AND NOW, this 1!J~ay of ~~ ' 2005, I, Katherine A. Frey, Secretary to Marianne E. Rudebusch, Esquire, Attorney for tl1e PlaintifflPetitioner, hereby certify that a copy of the within document has been served, by depositing a copy ofthe same in the United States mail, first class, postage prepaid, at Harrisburg, Pennsylvania, to the following addressee: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Attorney for Defendant ~ d1--- By. , !..1},,,~ ~ Katherine A. Frey r,J~ () :\~ ~~ ri"\ (1'\ 0,) -- d' t~'? o ~ {/ FEB 1 7 2005,S DANIEL D. McCURDY, JR., Plaintiff /Petitioner : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 03-1082 KATHLEEN M. McCURDY, Defendant/Respondent CIVIL LAW IN CUSTODY ORDER OF COURT AND NOW, this c?3ttA day of ~ '~ , 2005, upon review of the attached Petition for a Pre-Trial Conference, it is hereby ORDERED that the subject minor "fit' ;:;.~ children shall meet with Melissa Greevy, Esquire, on the ;0 day of ~ 2005 at ~:O 0 o'clock L.m. at 301 Market Street, Lemoyne, P A, for an interview concerning the children's preferences of the current custody schedule. Said interyiew shall take place prior to the custody hearing scheduled for March 4, 2005, J. h ,:11"' .\1 -