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HomeMy WebLinkAbout00-06296 ~.. - " ~;",i , ,~ JOSEPH M. KNOBLE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-6296 KATHERINE COOK-KNOBLE Defendant CIVIL ACTION-LAW CUSTODY NISIT AnON PRAECIPE TO WITHDRAW PETITION TO THE PROTHONOTARY: Kindly withdraw the Contempt Petition filed by Plaintiff, Joseph Knoble, in the above-captioned matter, FOREMAN & FOREMAN, PC Bruc . Fore, e Attorney ID# #21193 4409 North Front Street Harrisburg, Pennsylvania 17110 717236-9391 Date: I/j./~J _~n'._,.I, ,~' ;'I"I"'-~i .. ',,,,,.,> - . ~ '~': I '" -'-l~,,~ ';""'J;;..illW~ ';n~"~ia '.'""" " '-~'j'- , '-, , . o c: <" ~ITi z, zs. (1]:::: 2c',~c "'..~ ~t5 po::: ~ c. ~" " ""', I I r-> "'" "'" .&:" t- "" Z I en a "f1 ..... X,::!! 0,- :HI.? 0'0' .......,.. I-n 0(') 2m o s;! ::.0 -< -0 -:>:: ~ N (,)1 . .',," ~ ..,,-4, JOSEPH M. KNOBLE, Plaintiff v. KATHERINE COOK-KNOBLE, Defendant - ,,',' , " ~ ~drlJ-$'ii Af'~ 3 u 2004 ~ 0 i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-6296 CIVil TERM CIVil ACTION - lAW IN CUSTODY 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 sclheduled hearing. FOR THE?)T: ~~~ lissa Peel Greevy, Esquire Custody Conciliator ~ ~5o<f-o<{' . ~ Dist: p, Richard Wagner, Esquire, 2233 North Front Street, Harrisburg, PA 17110 Lawrence J, Rosen, Esquire, 1101 North Front Street, Harrisburg, PA 17102 1il ""' - ~ . .. 11, ~~ " ,v o <;;:: ....,... -s: iI~F _<-"'7 &:{'..~:C; 5-~C" :t:~~ -";;j; ~.. -.., -< - u.".",_",}~r'!Ii" ~ "'" J:" ~ :'''l:: :!~ -< ::;J r:n:D r-' -om :co? 00 =cJ ,_ C::::~-,l ,-3 z0 Om 5;! ::r.; -< "'- ;0.. :Jr. <:? w ~">C '}o <", ~ , ,',P"" ,'~ ~ ~'J , ,"'; ,~,', "~,"" '. ~, ' , ,"1;....~,h,' .. ~ ...... JOSEPH M. KNOBLE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-6296 CIVil TERM v. CIVil ACTION - LAW KATHERINE COOK-KNOBLE, 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 Andrew C. Knoble Allison K. Knoble May 20,1993 April 29, 1996 Mother Mother 2. A Custody Conciliation Conference was held on April 6, 2004 with the following individuals in attendance: the Father, Joseph M. Knoble, and his counsel, p, Richard Wagner, Esquire; the Mother, Katherine Cook-Knoble, and her counsel, Lawrence J. Rosen, Esquire. 3. The Conciliator had a conference with counsel for the parties. In light of the parties' chronic conflict which necessarily harms the children, the parties will be participating in therapeutic family counseling with Deb Salem of Interworks. The Custody Conciliation Conference has been continued to June 24, 2004. i.f~~t6~ Date (~&, elissa Peel Greevy, Esquire Custody Conciliator :227722 - 'b"; c , o "' JOSEPH M. KNOBLE, : IN THE COURT OF C0Ml\10N PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff, v. : NO: 00-6296 CIVIL TERM : CIVIL ACTION - LAW KATHERINE COOK-KNOBLE, : IN CUSTODY Defendant. PRE-TRIAL STATEMENT ON BEHALF OF PLAINTIFF 1. The issue on October 21,2004, is the father's petition for contempt. 2. Witnesses will be father, and father's current live-in paramour. 3. The issue to be presented is whether or not the mother is withholding the son because of an alleged incident involving the son soiling himself constitutes contempt. Respectfully submitted, Mancke, Wagner & Spreha agner, Esquire J.D. #23103 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 Attorneys for Plaintiff ,.~ Date: 10/ I'fl pr.{ I " '" r~" ~c o . CERTIFICATE OF SERVICE I, Debra K. Spinner, Secretary in the law firm of MANCKE, WAGNER, and SPREHA, do hereby certify that I am this day serving a copy of the foregoing document to the following persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing the same in the United States Mail, Harrisburg, Pennsylvania, with first class postage, prepaid, and addressed as follows: Lawrence J. Rosen, Esquire 1101 North Front Street Harrisburg, PA 17102-3324 ill tl, ,./ J . BY~'f-.,fJ(~ Debra K. Spinne , Secretary MANCKE, WAGNER, & SPREHA 2233 North Front Street Harrisburg, PA 17110 P. Richard Wagner, Esquire Attorneys for Plaintiff DATE: J () j 17/Jif I ~ ~=~~ .'. ~'~_E'"""',,,",",,...,,t, JOSEPH M. KNOBLE PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v, 00-6296 CIVIL ACTION LAW KATHERINE COOK-KNOBLE DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, March 02, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, , at 301 Market Street, Lemoyne, PA 17043 on Tuesday, April 06, 2004 at 1:00 PM 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 hearinll. FOR THE COURT. By: Isl Melissa P. CTTeevy. Esq. Custody Conciliator G 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 TIIE 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 '",- -" - ~ ~ ' flLED-OFFICE OF THE PROTHO~lmNW znG~ 11f~R -3 1\1'l1!: 52 CU'~f":::"" ""ii', ('n: '~,ITV l"u:.".,!....j..k"l',1 ~',,~' .~!'-'-'U\~l j PENNSYlVI'NL!" 3 :3 .or/ 3 -3 IFI 3'3'0l( . tal. ~ ~ -d; a:tj ~ '7t~ ~ ~ rII hp/U~-14~ . , ,~4',_ ,_\,~jJ!',!Il._~~,,^,~r".l![;M"ir;:ll"i;f"'>;Jr~~,"1~''''',~f''?''''''~~~~~1. Ii.., ;,r"f''"''~ 1'~ ,,',~,,_,~__ " ,"i''-", :, "'" -, '" " , , ~,"" '''''-''", f JOSEPH M. KNOBLE, Plaintiff/Respondent :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA F[B 2 6 2004 v V. :NO, 00-6296 CIVIL TERM :CIVIL ACTION - LAW KATHERINE COOK-KNOBLE, Defendant/Petitioner :IN CUSTODY ORDER AND NOW this day of February, 2004 IT IS HEREBY ORDERED AND DECREED that Respondent is found in contempt of court, IT IS FURTHER HEREBY ORDERED AND DECREED that Petitioner is awarded counsel fees and costs and further sanctions as follows: BY THE COURT: 1. Distribution: Lawrence 1. Rosen, Esquire, 1101 North Front Street, Harrisburg, PA 17102 Joseph M. Knoble, Lot 225, Shippensburg Mobile Estates, Shippensburg, P A 17257 Prothonotary JOSEPH M. KNOBLE , Plaintiff/Respondent :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 00-6296 CIVIL TERM :CIVIL ACTION - LAW KATHERINE COOK-KNOBLE, Defendant/Petitioner :IN CUSTODY PETITION TO HOLD RESPONDENT IN CONTEMPT AND NOW this I 't day of February, 2004 comes Petitioner, Katherine Cook- Knoble, by and through counsel, Lawrence 1. Rosen, Esquire, and offers the following averments in support of the within Petition to Hold Respondent in Contempt: I. By Order dated December 17, 2003, an Order was executed by the Honorable Wesley Ogler, Jr. providing that the parties would share legal custody of their minor children and that Petitioner would exercise primary physical custody of the minor children with Respondent exercising periods of partial custody. (See Exhibit A) 2. Paragraph five of said Order provides that; "Neither party shall do or say anything which may estrange the children from the other parent, injure the opinion of the children as the other parent, ord hamper the free and natural development of the children's love and respect for the other parent. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody." (See Exhibit A) 3. Respondent has violated Paragraph five of said Order in that during visits which occurred on January 3, January 17 and January 31, 2004, Respondent and his paramour referred to Petitioner as "bitch" and "asshole". Furthermore, the children were instructed that they were not permitted to miss Petitioner and that they would be punished if they informed Petitioner of what went on during their periods of visitation. 4. Respondent's behavior has caused the minor children great distress. 5. Respondent's behavior has resulted in the minor children becoming reluctant to visit with Respondent. ",' "' -' ,--~,; ~" ---","~,..;"'-~,,,~ ,"-'",,' , >' ''';'';;--'-';':j 1 I 'I j 6. Respondent's behavior is clearly contemptuous of the terms of Your Honorable Court's Order of Decembef 17, 2003. WHEREFORE, Petitioner asks that Your Honorable Court find that Respondent is in contempt of court and to award to Petitioner counsel fees and costs and to take such other action as the Court deems appropriate. Respectfully submitted: KREVSKY & ROSEN, P.c. By: ~ Lawrence J, Rosen, Esquire 1101 North Front Street Harrisburg, P A 17102 ID# 10625 (717) 234-4583 ~-- ~ ~-- ''''.i."~;~",,.,-', . DEe 1 6 2003 ~ " JOSEPH M. KNOBLE, Plaintiff :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-6296 CIVIL TERM V. :CIVIL ACTION - LAW KATHERINE COOK-KNOBLE, Defendant :IN CUSTODY ORDER ~ . ,., AND NOW this /1-' day onlv.~...b~r, 2003, in consideration of the attached Custody Stipulation, it is HEREBY ORDERED AND DECREED that all prior Orders in this matter are vacated and the attached Custody Stipulation is hereby adopted by this Court and shall serve as an Order ofthis Court. BY THE COURT: Isle; L,^uP,~, (7)tJh/? I / Distribution: Lawrence 1. Rosen, Esquire, 1101 North Front Street, Harrisburg, PA 17102 Joseph M. Knoble, Lot 225, Shippensburg Mobile Estates, Shippensburg, P A 17257 TRUE COpy FROM RECORD f.n T f!atimooy wlk'li'!lm, I iltirlluf;W s.llt my hand and the S&111J1 SElkj CIlUi1 al w~. f'<l. This. 7~a~~.~ Prothol'l1itarol EXHIBIT A ',"F,."'~ J' C'"--<', -, :i,'_,;, ,,~.~, " "C;: JOSEPH M. KNOBLE, Plaintiff/Respondent :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA V. :NO, 00-6296 CIVIL TERM :CIVIL ACTION - LAW KATHERINE COOK-KNOBLE, Defendant/Petitioner :IN CUSTODY VERIFICATION I, KATHERINE COOK-KNOBLE, hereby verify that the information contained in the foregoing Petition to Hold Respondent in Contempt is true and COffect to the best of our knowledge, information and belief. I also understand that false statements made herein are subject to the penalties of 18 Pa. C.S. S 4904, relating to sworn falsification to authorities. DATE: :l f'Y/c!Ct . I t..JJl,^-~ ~(- ~ - KATHERINE COOK-KNOBLE ~" <,,_ b., '0 , ' 0" , I I I I I , i , I I I JOSEPH M, KNOBLE, Plaintiff/Respondent :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 00-6296 CIVIL TERM :CIVIL ACTION - LAW KATHERINE COOK-KNOBLE, DefendantlPetitioner :IN CUSTODY CERTIFICATE OF SERVICE n,8J AND NOW, this l=L day of February, 2004, I, Janelle 1. Monday, for the Law Firm of Krevsky & Rosen, P.C., attorneys for Petitioner KATHERINE COOK-KNOBLE, hereby certify that I have this day served a copy of the Petition to Hold Respondent in Contempt via First Class U.S, Mail, Certified Mail on the following: JOSEPH M. KNOBLE LOT 225 SHIPPENSBURG MOBILE ESTATES SHIPPENSBURG, P A 17257 Jane 1. Monday 1101 North Front Street Harrisburg, PA 17102 (717) 234-4583 . " , , <. ~.' ,~ , ~ -- ,_. .. "u.,..'....,..' .. ,. ..... ., .. ..~...,...,.,' .." ';' ,,~~_1!'lIl: ~ ~ "~ -" ",~,,~, , , .., ~ ~ 1: ""1\ ~ ~ ...... \r-\ c) .(:: -..l t' \ ~ <('. "'\ ~ 'l' . :""~", ,,' ! ' ,,-, ~ ",~,""'~' ."" r~ ~ (-, ~; '~ -' ~=: ~-~~ -<> >~' , ' ':",._'- ,,~,' "'" C:'::;) co..:) ~- o " :;J fil:!J ,- :;:;9 ,~C) ~j(;1. :75 -< -" Pl OJ 1','\ 01 ,~, N f'" +:'- ...,..,.,"1[ .".,w. ~ $,'- '~,~,;" ~j"~-.h,;",, ".;; <, ;,', - i~ "_";'",,0',;,',, ' ,,'-,- , JOSEPH M. KNOBLE, Plaintiff :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA V, :NO. 00-6296 CIVIL TERM :CIVIL ACTION - LAW KATHERINE COOK-KNOBLE Defendant :IN CUSTODY PRETRIAL STATEMENT FACTS: The parties have had a contentious relationship since the dissolution of their marriage, primarily related to the relationship of Mr. Knoble with his son, Andrew. Based upon the current Order entered by the Court on August 14, 2004, Mr. Knoble is exercising periods of partial custody of both children, Andrew and Allison, on alternating weekends. Katherine Cook- Knoble has no objection to this schedule as it relates to Allison. However, she believes that continued visits by Andrew are not in his best interests based upon his clear and continuous reluctance to visit with his father based upon Mr. Knoble's failure to establish a healthy relationship with him. Specific evidence of this failru:e will be provided at trial. In addition, Ms, Knoble has filed a Petition to hold Mr. Knoble in contempt due to disparaging remarks made by him during visits. The parties had agreed to enter counseling with Deb Salem ofInterWorks to attempt to improve their relationship in the hope that they could work together to resolve the outstanding issues. Mr. Knoble has decided not to proceed with said counseling. PROPOSED RESOLUTION: Ms. Knoble is asking the Court to continue visits as per the current Order in regard to Allison and to suspend visits with Andrew and to order the parties to engage in counseling with Deb Salem at InterWorks in whatever format she deems appropriate. Visitation with Andrew should be resumed only if and when so recommended by Deb Salem. -- '"""",,,,"--~;"'['-'~, ,.,;:, ,- , ,,'. --.' "","-0" ~',T";'__ "_'"'' ,,"' "0' WITNESSES EXPECTED TO TESTIFY: I. Children 2. Katherine Cook-Knoble 3. Maternal grandparents 4. Joy Grant, Andrew's counselor/teacher 5. Katherine's fiance, Michael Respectfully submitted: KREVSKY & ROSEN, P.C. By: Wfence 1. Rosen, Esquire 110 I North Front Street Harrisburg, P A l7l 02 ID# 10625 (717) 234-4583 ',-' "',,'0,>"'-"-,"' ',<'''''' "",',-,,-,",,<,', ' . ~_ C'v " ' , ">~,,, ~".', ' . ',~;, ~,',,' , ",'-, , "-,':i:,::-'" " ,,' - .-",~,--,-",,~,'- ">-",',-:'''.0''"-,",;,,-,,, ' ,0 ',- .-',;, L,L,:~,:t"- , ,','" j:"::,~: -'j "-.'i{"j ~ JOSEPH M. KNOBLE, Plaintiff :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA v. :NO. 00-6296 CIVIL TERM :CIVIL ACTION - LAW KATHERINE COOK-KNOBLE Defendant :IN CUSTODY CERTIFICATE OF SERVICE AND NOW, this I/- day of October, 2004, I, Lawrence J. Rosen, Esquire, for the Law Firm of Krevsky & Rosen, P.C., hereby certify that a copy of the foregoing Pre-Trial Statement was sent via Fax Transmittal on the following: , RlCHARD P. WAGNER, ESQillRE 2233 NORTH FRONT STREET HARRISBURG, PA 17110 awrence J. Rosen, Esquire 1101 North Front Street Harrisburg, P A 17102 (717) 234-4583 ~"',~~ , ~,i,; ',,,',,;" , "",,,., N'" ,'C, " ':-''''1' ,'- v~ ",",~~ ",;.j.;:;"'",,",;,,,;"",,;,,,;,,,,,, ", #F!t:ED-DFFiCE 0" TH'" ~"O~' 'r^"",~u,y ,. ," ,",h--,' 'r"!i ll\;; ),I-tr-< .... '''''-'''''',,,, 2DnIJ aCT j I Pt112:!1 I CLJ:-,i.G:E::,c_ :,\:, ::j~.Jtj[~TY Pi:),ii"~SYLVA;\jLA '- ,~, ~",',"',"' ~",,~, ,'^"".. '~ ,'- ~-, ,-- , , , ,~,~ , ,."";",,,C;, '~-" '" ""." .."" """1 , , ,'J "', "b-~'~, _, ...<:L"",",,,_"''''-'1~~-',1i'' JOSEPH M. KNOBLE PLAINTIFF V, KATIIRYN COOK-KNOBLE DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA 00-6296 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 22nd day of September ,2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 214 Senate Avenue, Snite 105, Camp Hill, PA 17011 on the 24th day of October ,2000, at 11:00 a.m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR TIlE COURT, By: Isl Melissa P. Greevy. Esq.rP Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office, All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE TIllS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTIl BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 '"' ,,~_"',' ;", :', _, ,- ',,,;'~;;,,'n~" ", '-', " ~"'" ;:.0 ~~ ,',:'''''._ ~,." '_, '_ '" ~ ,h " n.";.., ",-,_"'" _",';_: " '1;1$ .CCJ tj\;lsr -tJ t1 tJ .~ ~C):) ~ !~ :1; ~a I '....'.'11... ] 'ii ~i ,1 :~! ,I 'I ~' , """,.._"~,,~,____,~~ " ",'~, '="~~ .~ --, "'~'-~~~" r~iU:ri--Or:FiCE ;'.'V'," ,r"("TPRY '" Ii ,~. :,,' J \ v : ,',J ,~. '\ 00 SEP 25 PI'] 3: 30 CUiviBEfiLAND COUNTY PENNSYLVANIA ~ {)/-~~~ ~ ~/h~ ~ ~~~~~ ~IP: , IJ~J ,~~:iI'~''l',\iM-'W'R_!?"~,<m ~,,~'h'f""~ ',", ""'''',' ~"j" ;,i - """'~'''''''' '-'ll._,~.",h,' , , ()....:, . SEP 1 5 2000 JOSEPH M. KNOBLE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. d-v. &.)t)(. CIVIL (-b<- KATHRYN COOK-KNOBLE, Defendant CIVIL ACTION - LAW CUSTODYNISITATION ORDER OF COURT AND NOW, this _ day of , 2000, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at on the _ day of , 2000, at , _.m., for a Prehearing CustodyNisitation 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. Either party may bring the child who is the subject of this custody/visitation action to the conference, but the child/children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT: By: Custody Conciliator 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. OFFICE OF THE COURT ADMINISTRATOR , COURT HOUSE, FOURTH FLOOR CARLISLE, PA 17013 (717) 240-6200 'mil""'""" ~ ' , "'1\''''"'''''' . hOSEPH M. KNOBLE, Plaillltiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. CIVIL KATHRYN COOK-KNOBLE, Defendant CIVIL ACTION - LAW CUSTODYNISITATION NOTICE YOU HAVE BEEN SUED IN COURT. rfyou 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 serve, 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. 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 Court Administrator 4th Floor, Cumblerland County Courthouse Carlisle, P A 17013 (717) 240-6200 ..A ~ ~ ~-"i;' ~ , A VISO USTED HA smo DEMANDADOIA EN CORTE. Se usted desea defenderse de las demandas que se prscntan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente 0 pOI medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se Ie advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fall por cualquier suma de dinero reclamada en la demanda 0 cualquier otra reclamacion 0 reIlledio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Used puede perder dinero 0 propiedad u otros derechos importantes para usted. US TED DEBE LLEV AR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TrENE UN ABOGADO 0 NO PUEDE PAGARLE A UNO, LLAME 0 VA Y A A LA SIGUIENTE OFICINA PARA A VERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. Cumberland County Court Administrator 4th Floor, Cumblerland County Courthouse Carlisle, P A 17013 (717) 240-6200 ,.~ .- ~'-'-. , . JOSEPH M. KNOBLE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. KATHRYN COOK-KNOBLE, Defendant NO. 01J - (. )..9(" CIVIL CIVIL ACTION - LAW COMPLAINT FOR CUSTODY 1. The Plaintiff is Joseph M. Knoble, residing at Lot 225 Shippensburg Mobile Estates, Shippensburg, Cumberland County, P A 17257, 2, The Defendant is Kathryn Cook-Knoble, residing at 128 South 31st Street, CampHill, Cumberland County, Pennsylvania 17011. 3. Plaintiff seeks partial custody of the following children: Andrew Carlton Knoble 128 S. 31st St.. Camp Hill. PA 17011 128 S. 31st St.. Camp Hill. PA 17011 Age 4 Age 7 Allison Kathrvn Knoble 4. The children were not born out of wedlock. 5. The children are presently in the custody of Kathryn Cook-Knoble, who resides at 128 South 31 st Street, Camp Hill, Cumberland County, P A 170 II 6. During the past five (5) years, the children have resided with the following persons, at the following addresses: a). Kathryn Cook-Knoble, George R. Cook, and Kathryn M. Cook, 128 S. 31st St., Camp Hill, PA 17011. March 1998 - Present b). Joseph M. Knoble and Kathryn Cook-Knoble, 317 B Arch Street, Mechanicsburg, PA 17055. March 1995 - March 1998 I r-'" , =_w_ t: ~,;' 7, The mother of the children is Kathryn Cook-Knoble, currently residing at 128 S. 31st St., Camp Hill, P A 170 II. She is unmarried, 8. The father of the children is Joseph M. Knoble, currently residing at Lot 225 Shippensburg Mobile Estates, Shippensburg, P A 17257. He is unmarried. 9. The relationship of the Plaintiff to the children is that off ather-son and father-daughter. 10. The Plaintiff currently resides with the following persons: Stephanie Shaw and Kayla Shaw (daughter of Stephanie Shaw). 11. The relationship of the Defendant to the children is that of mother-son and mother- daughter, 12. The Defendant currently resides with the following persons: George R. Cook (father), Kathryn M. Cook (mother), Andrew (son), Allison (daughter). 13. The Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody or visitation of the children in this or another court. 14. The Plaintiff has no information of a custody or visitation proceeding concerning the children pending in a court of this Commonwealth. 15. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children, 16. The best interests and permanent welfare of the children will be served by granting relief requested because: a. Plaintiff desires to share in the caretaking of the children, and is willing and able to provide proper care and supervision of the children. b. Plaintiff can provide a stable and loving environment to the children. 2 J '" ~ \ - "'~""",:;;." c. At present the Defendant has placed barriers to the Plaintiff having meaningful contact with the children. Since May, 1999, the Defendant has permitted Plaintiff to see his children on only two (2) occassions. Furthermore, the Defendant has informed the children that they are not permitted to speak to the Plaintiff on the telephone. Additionally, the Defendant has stated to the Plaintiff that he is not permitted to see or speak to the children unless permitted by the Defendant. The actions of the Defendant are preventing the development of a meaningful relationship between the Defendant and his children. 17. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene: NONE Wherefore, the Plaintiff requests the Court to grant primary physical custody of the children to the Defendant with liberal partial physical custody to the Plaintiff. Respectfully submitted, ~~~ Charles Rees rown, Esq. Supreme Court No. 70612 2080 Linglestown Road, Suite 202 Harrisburg, P A 17110 (717) 526-4424 Attorney for Plaintiff 3 ,'"'"""'- - " _ J "'_~ _ ~' '. ,:: , , . Verification I, verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa,C.S, S 4904, relating to falsification to authorities. ~ 4 _'.,._,..' ~~~.", BIIIM.iIULJ :~ '"' ~ ~ -~ .", ~1i"'~'.'"2i:r.IIE. --, .~~llillJaii:g* , ~,,~_' ^,' " ~"_~,',<d","~ ""~,,. , ~ ~,"" "," , "",' ,-, " -" ~" ~, " ~ g ,i ~~ .1'- f~ =< U1 .c- ... ~ 'd u\ -(; /-. ~ e. ~ r o 00 CI) "T1 r'fl '--i -0 ;,(~t-n 'fHp :~m .0' " f~T-;'- "\if(, Q:D 8frl ~ -< v :Jl: to) .. ~ "I ~ ~ e ~ ~ ~ , . " I l k I , Ii i. I \; l: I I i' ,. " I: . . . . ~ MH OCT26~ ~ ""''', 1 JOSEPH M. KNOBLE, Plaintiff V5. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-6296 KATHRYN COOK-KNOBLE, Defendant CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this \ -:.-t- day of tv 0 u e ..... L., c.J ,2000, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Joseph M. Knoble and Kathryn Cook-Knoble, shall have shared legal custody of the minor Children, Andrew Carlton Knoble, born May 20, 1993, and Allison Kathryn Knoble, born April 29, 1996. 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 this paragraph, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. 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. Physical Custody. Mother shall have primary physical custody. The Father shall have partial physical custody on alternating weekends from Friday after school until Sunday at 10:30 a,m, Father's alternating weekend schedule begins October 27,2000. 3. Vacation, Each parent shall be entitled to one week of uninterrupted summer vacation each year subject to at least a 30-day notice to the other parent. . , I . ".. ~'., '~'C'~':~' "'.",.~ ,T .~~ ,.,~, - 'C"~,~"",.I)Il!url._,."",, C~~ ." ~ >- ,-~~~ ~~~~"'-, 'C' ,,' 2 c:> 0 c:> -rOt ;;: ~ __I -oClJ c:> ~1~p rnr'" "'c z:x; -~l 911 ZS;: ~\"; t:J CC L ~~f:, '::~~i 1:20 ",. 'O:D ~O :J;:. ,..".c> $2 S? am _1 ~ ~~ $5 U> :< ""'-~,,~,,~ .'"~ , -,,'" ~ i'lR,!, -~ ,'] " _I ". ~ ~'~'C; . . NO. 00-6296 4. Holidays. Christmas shall be shared on an AlB schedule. Segment A shall be from December 24th at Noon until 10:00 a.m. Christmas Day, Segment B shall be from Christmas Day at 10:00 a.m. until December 26th at 8:00 p.m. In even-numbered years, Father shall have Segment A and Mother shall have Segment B. In odd-numbered years, Mother shall have Segment A and Father shall have Segment B. For the Christmas holiday 2000, Father's normal weekend schedule will be in effect in addition to the holiday schedule. The parties shall share other holidays as they may mutually agree. 5. Transportation. Incident to the foregoing custodial arrangement, transportation shall be shared by the parties. The parent receiving custody shall be the parent who provides transportation for the Children. 6. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. 7, It is noted that there are great tensions in the relations between the parties to this Order. The parties shall participate in a minimum of eight outpatient counseling sessions aimed at improving their communication and ability to work cooperatively in making parenting decisions for their Children's benefit. BY THE COURT, d Dis!: Charles Rees Brown, Esquire, 2080 Linglestown Road, Suite 202, Harrisburg, PA 17110 ~n Co" K """";, "'";., '"" ""..-"""", '""" "", "",,,"., '^ """"'" t/ \,' * - ~ ~ .1- ,d'j'f[ , . v" JOSEPH M. KNOBLE, Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-6296 KATHRYN COOK-KNOBLE, Defendant CIVIL ACTION - LAW CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Andrew Carlton Knoble Allison Kathryn Knoble May 20,1993 April 29, 1996 Mother Mother 2. A Conciliation Conference was held on October 24, 2000, with the following individuals in attendance: the Father, Joseph M. Knoble, and his counsel, Charles Rees Brown, Esquire; the Mother, Kathryn Cook-Knoble, and her counsel, Lori K. Serratelli, Esquire, 3. The parties agreed to entry of an Order in the form as attached. 10 l zS1 J47FO Date f U!rfi?~ Melissa Peel Greevy, Esquire Custody Conciliator '"'-rn.-----;---...;;;- -~~ '- ' ~,~,~k.::\""',,,I,li JOSEPH M. KNOBLE PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, 00-6296 CIVIL ACTION LAW KATHRYN COOK-KNOBLE DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, October 19, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on Tuesday, November 27,2001 at 9:15 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 aU existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR mE COURT, By: Isl Melissa P. Greevy. Esq. YM Custody Conciliator ~ The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATIORNEY AT ONCE. IF YOU DO NOT HAVE AN ATIORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORm BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (71 7) 249-3166 ~i ~, < ,.. .>-- ~ - , '"< -" ,,,,-,,"~' m"~ ,~" , ~ 0; F!J':{)~'Clr:F!CE , "~":r-<:;;"",,r)TARY Oi OCT 22 P!1 3: 18 CUMBERlJ.\,\O COUNTY PENNSYLVANIA /?J'0707~r M ~ ~~ ~ 4 ~ )?~.cv ~ ~//~.~o/~- /OdOlO/ ~ ~~4~ ~,~) -nll!llRi~1i!W I'lill~;:__ at MIl~_lr ~-h,",~R>;>':1j"~$i~!~m_~~p~~~~~~,~"" '~'"h" , 1II!Ili1Jf'-!l!!=" _"'~"~ ,-, -- ~''', , '- co " """---,,;, 'i .. . 0\ ,i.IT 1 9 20~~ JOSEPH M. KNOBLE, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-6296 KATHRYN COOK-KNOBLE, Respondent CIVIL ACTION - LAW ORDER OF COURT You, Kathryn Cook-Knoble, (respondent), have been sued in court to MODIFY custody, partial custody or visitation of the children: Andrew Knoble and Allison Knoble. You are ordered to appear in person at ,200_ at (Time), _.M., for on [] a conciliation or mediation conference. [] a pretrial conference. [] a hearing before the court. If you fail to appear as provided by this order, an order for custody, partial custody or visitation may be entered against you or the court may issue a warrant for your arrest. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB 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, Pennsylvania 17013 (717) 249-3166 I ~=~ "', ~. ~ ~"""'" .. - . AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled 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. BY THE COURT: Date: ,J. 2 ", ." '" ~ " JOSEPH M. KNOBLE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA Petitioner v. NO. 00-6296 KATHRYN COOK-KNOBLE, Respondent CIVIL ACTION - LAW PETITION FOR MODIFICATION OF A PARTIAL CUSTODY ORDER 1. The petition of Joseph M. Knoble respectfully represents that an Order of Court was previously entered on November 1,2000 for PARTIAL CUSTODY, a true and correct copy of which is attached. 2. This Order should be modified because the Respondent has repeatedly demonstrated her willingness to use the children as a means of attempting to penalize the non- custodial parent to the harm and detriment and well-being of the minor children. Specifically, the Respondent has: a. repeatedly failed and refused to disclose to the Petitioner the minor children's event schedules to permit Petitioner to exercise his rights of custody so that the minor children may have a loving and stable relationship with their father; b. through the use of family members, threatened and intimidated the Petitioner to discourage Petitioner from exercising his rights of custody so that the minor children may have a loving and stable relationship with their father; I , .L,di' ""',, ,,_,~~,O> "''''''''-,..L..' L~~-- c. repeatedly failed and refused to inform Petitioner as to significant events in the educational upbringing of the minor children, such as parent-teacher conferences, so as to discourage Petitioner from exercising his rights of custody so that the minor children may have a loving and stable relationship with their father; d. repeatedly failed and refused to permit Petitioner to have unrestricted telephone contact with the minor children Andrew Knoble and Allison Knoble so that they may have a meaningful and stable relationship with their father; and, e. repeatedly engaged in a course of conduct which is detrimental to the development and maintenance of a loving and stable relationship between the minor children and the Petitioner. f. repeatedly threatened to disclose to the minor child Andrew Knoble the fact that the non-custodial parent is his adoptive, but not biological father. The Respondent has even referred to the minor child Andrew Knoble as the child of Respondent and the biological father in the presence of the minor child Andrew Knoble; g. repeatedly failed and refused to properly toilet train the minor child Andrew Knoble, who, although being eight (8) years of age, continues to soil himself and states that the Respondent does not require the minor child to become toilet trained; h. refused to honor the order of court granting the Petitioner partial custody of the minor children. Specifically, on September 28, 2001, a date on which Petitioner was to exercise his rights of partial custody, Respondent refused to permit 2 " ,^," <"'~'l"';;;:ltl Petitioner to have the minor children. When Petitioner arrived at the custodial home to pick up his minor children he was assaulted by the father of Respondent. Petitioner was required to seek police intervention to retrieve his minor children WHEREFORE, Petitioner requests that the Court modify the existing Order for PARTIAL CUSTODY because it will be in the best interest of the children. ~~~ Charles Rees Brown Supreme Court No. 70612 Nicholas & Foreman, P.C. 4409 North Front Street Harrisburg, PA 17110 Attorney for Petitioner 3 ,. . ~ ",'. ~-- " ~"' -'~' ~ci!&", Verification I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. !l 4904 relating to unsworn falsification to authorities. 'M ~ '0-'-,01 M. Knoble (date) 4 ~=~ - , -', , , .>----'-"->,.,'...',;:"" "~ '"""'..........~\" JOSEPH M. KNOBLE, Plaintiff V5. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-6296 KATHRYN COOK-KNOBLE, Defendant CIVIL ACTION - LAW CUSTODY. ORDER OF COURT AND NOW, this )st day of JJ ove ~e.R ,2000, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Joseph M. Knoble and Kathryn Cook-Knoble, shall have shared legal custody of the minor Children, Andrew Carlton Knoble, born May 20, 1993, and Allison Kathryn Knoble, born April 29, 1996. 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 this paragraph, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. 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. Physical Custody. Mother shall have primary physical custody, The Father shall have partial physical custody on alternating weekends from Friday after school until Sunday at 10:30 a.m. Father's alternating weekend schedule begins OctoQer 27, 2000, 3. Vacation, Each parent shall be entitled to one week of uninterrupted summer vacation each year subject to at least a 30-day notice to the other parent. I; , , '~ ~ ~~, "" ~"'..;,!<"" , , NO. 00-6296 4. Holidavs. Christmas shall be shared on an Al8 schedule. Segment A shall be from December 24th at Noon until 1 0:00 a,m. Christmas Day. Segment 8 shall be from Christmas Day at 10:00 a.m. until December 26th at 8:00 p.m, In even-numbered years, Father shall have Segment A and Mother shall have Segment 8. In odd-numbered years, Mother shall have Segment A and Father shall have Segment 8. For the Christmas holiday 2000, Father's normal weekend schedule will be in effect in addition to the holiday schedule, The parties shall share other holidays as they may mutually agree. 5.' Transportation. Incidentto the foregoing custodial arrangement, transportation shall be shared by the parties. The parent receiving custody shall be the parent who provides transportation for the Children. 6, Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody, 7. It is noted that there are great tensions in the relations between the parties to this Order. The parties shall participate in a minimum of eight outpatient counseling sessions aimed at improving their communication and ability to work cooperatively in making parenting decisions for their Children's benefit. TRll" r <' .,,, ;:R"~' l"",'-~'r'~ ."'~,1 .. ". < ';. . V 11') ,....~.....', f..~." In Tectirmr,.....~,-.f, I here unto set my hand and the '"a' 0' "o'd "0"'-', -" r,'r:i.1e Pa ....t;; I I .,.... '.>1 ~It... .."'I t . Jb _...L..." .m~:;~ BY THE COURT, IS; Dist: Charles Rees Brown, Esquire, 2080 Linglestown Road, Suite 202. Harrisburg, PA 17110 Lori K. Serratelli, Esquire, 2080 Linglestown Road, Suite 201, Harrisburg, PA 17110-9670 .[:",~", "jrll~~".~.m~""'""~ ".'1_~1o;~~~~h;gIl!114~_"~_lIiifit ,', ~ ~ - " lID' I! ! i " " Ii ii , II 'i ;1 [,I " i i I, f:J (.:l "iQ 0 c c: 0 It- ~ "'l $:' a -'1 -Oct" .~ 0 ~~ n -," 2J.c ...... r-{i~ ~ CJj );,. O? -nf'n ...... C ;:s ;:::- :::-'0 ......... <.0 C))~ ~ C ~o '1J ~~~';=1 3: 'V f! $:(,; ~??? [; c: ~ ()rn :z ..-j =< w 2r5 (-.j J- -< " " ~"C' ~~__ ., , ~ - - ~.."",,-'">l"',:~"'; DEe 11 ZOOlW f ... JOSEPH M. KNOBLE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-6296 vs. KATHRYN COOK-KNOBLE, , Defendant CIVIL ACTION - LAW CUSTODY Oler, J. - TEMPORARY ORDER OF COURT AND NOW, this 1"7 rL day of December, 2001, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. A hearing is scheduled in Courtroom Number 1 of the Cumberland County Courthouse, on the of/A:{" day of ~ ,2002, at '1: 4:? o'clock A-:M., at which time testimony will be taken. For the purposes of the hearing, the Father, Joseph M. Knoble, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date, 2. Legal Custody. The parties shall have shared legal custody of the minor Children, Andrew Carlton Knoble, born May 20, 1993, and Allison Kathryn Knoble, born April 29, 1996, 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. 9 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. 3. Per agreement of the parties, custody for Allison shall be shared on a week- on/week-off basis effective January 4, 2002, being Father's custodial week. Until that time, Father shall have custody of Allison on alternating weekends from Friday at 6:00 p,m. until Sunday at 6:00 p.m., effective December 7, 2001. Father shall provide supervision of homework as needed during his periods of custody. -" ~~ w~ . .. . " '. ~, "",",'~, 41l1~, .' ,~, , ~ " """~~",,,' -w<', '. ",.~"> ,."', "'.' ~, . .~.~,' 1JI,4~.ml!![, ,"~~,..,,~~~lI',~1I1~~~i!,<;l , Li.- " ',)" t~ ,~ ", ~, 'u',,", f~ Ei"j;\S'iL/;S\'~~:~Ji\jT'( ~=~.. ,"^' ~IIJ'""__>,, ..,~,' r.' K ~ ,. ~,' '-- ~,-';,,' . No. 00-6296 - Civil Term 4. The parties shall participate in a minimum of eight co-parent counseling sessions in an endeavor to improve their parental communication and level of cooperation necessary to support a shared legal custodial arrangement. The parties shall call by December 10, 2001, to schedule the first appointment. Unreimbursed costs shall be shared equally by the parties, 5. Father shall participate in counseling with Andrew and Dr. Small. It is hoped that Dr. Small will be able to provide some effective input with regard to what Andrew's needs are and the re-establishment of the relationship and contact with his Father. 6. Father shall have partial physical custody of Andrew on alternating weekends from Friday at 6:00 p,m. until Sunday at 6:00 p.m, effective December 7,2001, BY THE COURT, J. Dis!: Kathryn Cook-Knoble, 128 S. 31" Street, Camp Hill, PA 17011 Charles Rees Brown, Esquire, 4409 N, Front Street, Harrisburg, PA 17110-1709 L~!L~ J :z -I fj .() I ~ ~ ~<,- - """"~'ii . JOSEPH M. KNOBLE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-6296 vs. KATHRYN COOK-KNOBLE, Defendant CIVIL ACTION - LAW CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVil PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Andrew Ca'rlton Knoble Allison Kathryn Knoble May 20,1993 April 29, 1996 Mother Mother 2. A Custody Conciliation Conference was held on November 30, 2001, with the following individuals in attendance: the Father, Joseph M. Knoble, and his counsel, Charles Rees Brown, Esquire; the Mother, Kathryn Cook-Knoble, appeared pro se. 3. The parties were seen pursuant to Father's Petition to Modify Custody filed on or about October 18, 2001. No subsequent pleadings to this Petition have been filed. The relief which Father seeks is to have additional time with his Children, He prefers a week-on/week- off alternating custodial schedule. Additionally, Father would like a more specific plan of holiday custody. 4. The parties were able to reach an agreement with regard to Father's custodial schedule for Allison. However, the parties were not able to reach an agreement with regard to the custodial schedule with Father for Andrew. Therefore, a hearing will be necessary on the issue of Father's custodial time with Andrew, The parties were also able to reach some agreements with regard to parent counseling and Father's participation in counseling with Andrew and his present therapist. 5. Father's Position on Custody, Father complains that Mother has failed to disclose to him information pursuant to his rights of shared legal custody. Specifically, he claims that she has failed to disclose to him schedules of sporting events and school activities. Father complains of restricted telephone contact, denial of periods of cllstody, and the use of her family to discourage his contacts with the Children. Father continues to be concerned that his son Andrew is having nocturnal enuresis and ecopresis. , J .~"~~;..': . No. 00-6296 - Civil Term Father is also very unhappy about Mother's disclosure to the Child of his adoptive relationship with Father. At the time of the Conference Father said that he had not seen Andrew in three months until a brief contact on Friday, November 23, 2001. 6, Mother's Position on Custody, Mother alleges that she has provided Father with the opportunity to be part of the discussions with Andrew regarding his adoptive status with Father. However, she claims that Father advised her he did not want to be a part of telling the Child, The parties have not participated in the co-parent counseling which was recommended and included in the last Court Order of 2000 subsequent to their October 24, 2000, Custody Conciliation Conference, However, Mother claims this is because Father refuses to pay for the counseling services. With regard to the flow of information between the parties pursuant to legal custody issues, Mother claims that she has had registered mail returned to her marked refused, return to sender. She states that when she tries to contact Father via the telephone she is frequently hung up upon. With regard to the parents' concerns about Andrew's medical condition, Mother states the physician had prescribed a medication which was only used for a few days because of side effects. Subsequently he was taken off the medication. Mother states that all of this occurred in between Father's periods of custodial visits, The Child has seen Dr. Kenneth Small for behavioral concerns. However, the Mother and Maternal Grandmother are attending these visits with Dr. Small each two weeks for his guidance. At the time of the Conference, Mother was extremely resistant to Father having any contact with Andrew other than over the telephone. She describes the Child as having a bad temperament and states that he cries and tells her that he does not want to spend time with his Father. Mother admits there is a great deal of tension between herself and Father's new fiance. She claims that the fiance stays on the telephone during times that Mother calls the Children when they are in Father's custody. Mother also alleges that Father doesn't really love Andrew and that Father will be unreliable in the supervision of homework responsibilities during this custodial time. 7. The parties do not presently have plans to use an expert witness or participate in a custody evaluation prior to the hearing, therefore there will be no need to delay the hearing pending the outcome of the custody evaluator's report, 8, In light of Mother's refusal to provide any contact between Father and the minor Child and the time interceding between the Conference and the Custody Hearing the Conciliator is making a recommendation for Father's partial custodial time with Andrew. l;;.j ID/ [)} l ~0f?M (irr~ Melissa Peel Greevy, Esquire \ Custody Conciliator Date - , ~ , ..1-,..1' ~" """'''~_,,,,,,,,,r,!i..'. , . JOSEPH M. KNOBLE PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA V, 00-6296 CIVIL ACTION LAW KATHRYN COOK-KNOBLE DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, January 08, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on Monday, Febrnary 04, 2002 , the conciliator, at 11:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Isl Melissa P. Greev Es Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office, All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 .;;. i 1'",- ~, ~- ,~... ! -1' tI.,,7 / -1' 0';; I .t 'IJ;) . ~ ,'- ,~-- " ,,'.' __'"~' ,,-,~,'''~__ ~"" "'.~,c ",~;.,,_,,_ " ."'''__'>~,~ __"~,'",,,,,p~,-,-"__' = ,~,~ fllf; i~:\' r_~'\..O~T\;'~'r, f-,::)\J ".1-"<",, J, ,\,-i," --, .' - ~ ,: : " '-" '. ,\ " '..' Ci' " n. \ \ "" (-."__' "'. I L' !'\"\ ,) ^, . "\~ - 0 \, . r" ',\ , 1,).... ~'" _ '-\Ij'icN ,__ "'",", \,)..) Ni\ c'JM'~f~~\Si\~JN\\\1\ dd.~~~ :f;:/~ '/!~ /1A-:~ ~ df!!' ~~" ~ %~~ - ,~ ~/4lll!ll'iro;!t!,\ML",_".~, ,~ ,~ ~'""-- ~ , __,",^,,~,~~mffl'<.~;;o1j"f'fJfllW'~JfI!'~~~~1ll~!'jl~~i!l\!l'!'1~~ ,!~W,,".'i' . .--'" '-, ...-,....;--.<.; "'",~- c" !:!lit;':'.' JOSEPH M. KNOBLE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-6296 KATHRYN COOK-KNOBLE, Defendant CIVIL ACTION - LAW CUSTOl>YNISITATION ORDER OF COURT AND NOW, this _ day of , 2001, upon consideration of the attached Petition for Contempt, it is hereby directed that the parties and their respective counsel appear before Melissa Peel Greevey, Esq., the conciliator, at on the _ day of , 200-, at , _.m., for a Prehearing CustodyNisitation 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. Either party may bring the child who is the subject of this custody/visitation action to the conference, but the child/children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT: By: Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ~. ,- ,-,. ~ ',__',:, -0. '_' ';_ ,,_ ~"."~.,, JOSEPH M. KNOBLE, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-6296 KATHRYN COOK-KNOBLE, Respondent CIVIL ACTION - LAW NOTICE AND ORDER TO APPEAR Legal proceedings have been brought against you alleging that you have willfully disobeyed an order of court for partial custody. If you wish to defend against the claim set forth in the following pages, you may but are not required to file in writing with the court your defenses or objections. Whether or not you file in writing with the court your defenses or objections, you must appear in person in court on at , in Courtroom No. _, Cumberland County Court of Common Pleas, One Courthouse Square, Carlisle, PA 17013. IF YOU DO NOT APPEAR IN PERSON, THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST. If the court finds that your have willfully failed to comply with its order for partial custody, you may be found to be in contempt of court and committed to jail, fined or both. 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 (717) 249-3166 1 . ~- '-, c,,- -_.,_, ~- ,- -, ''I'' fu"_ O_'~" -'",",'"".", "0__' ,_~ ^<I''\!I';-~ JOSEPH M. KNOBLE, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-6296 KATHRYN COOK-KNOBLE, Respondent CIVIL ACTION - LAW PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF PARTIAL CUSTODY ORDER The petition of Joseph M. Knoble respectfully represents: 1. That an Order of Court was previously entered on November 1, 2000 for PARTIAL CUSTODY of the minor children Allison Knoble and Andrew Knoble, a true and correct copy of which is attached hereto as Exhibit A. 2. That a Temporary Order of Court was entered on December 17, 2001 for PARTIAL CUSTODY of the minor child Andrew Knobel, a true and correct copy of which is attached hereto as Exhibit B. 3. The Respondent has willfully failed to abide by the Orders entered above in that: (a) On Friday, December 21, 2001, a date on which the Petitioner was to exercise his rights of PARTIAL CUSTODY over the minor child Andrew Knoble, the Respondent refused to permit the Petitioner to receive custody over the minor child. On Wednesday, December 19, 2001, the Petitioner sent an e-mail correspondence to the Respondent 2 '"'"<l1 -" ,-, , < - ,,~, - ,~, " ~ -~!>.,.J_ indicating that the Order of December 17, 2001 had been issued and that the Respondent was to have the minor child Andrew Knoble ready for the Petitioner's custody period. In response, the Respondent sent a reply e-mail stating her refusal to permit the Petitioner to exercise his rights of custody. A true and correct copy of this e-mail is attached hereto as Exhibit C. On Friday, December 21, 2001, the Respondent refused to permit the Petitioner to exercise his rights of custody over the minor child Andrew Knoble, in violation of the aforementioned Orders of Court. (b) On Wednesday, December 14, 2001, the Petitioner sent an e-mail correspondence to the Respondent indicating he would be taking custody of the minor child Andrew Knoble at 10:00 a.m., December 25,2001 and returning custody of the minor child Andrew Knoble at 8:00 p.m., December 26, 2001. This custody schedule is in accordance with the holiday schedule set forth in the Order of November 1,2000. The Respondent, through an e-mail reply, informed the Petitioner that she would not permit the minor child Andrew Knoble in the custody of the Petitioner for the Christmas holiday. A true and correct copy of the Petitioner's e-mail and the Respondent's e-mail reply is attached hereto as Exhibit D. On December 25, 2001, Respondent refused to 3 "lJiII ~ ~ --, ,,-., __.1""'-'--. permit the Petitioner to receive custody of the minor child Andrew Knoble. WHEREFORE, the Petitioner requests that Respondent be held in contempt of court. Respectfully submitted, NICHOLAS & FOREMAN, P.C. c'~~ . - ~ Charles Rees Brown Supreme Court No. 70612 4409 North Front Street Harrisburg, PA 17110 (717) 236-9391 Attorney for Petitioner 4 , ~ '~ ',," -''- >;'-~~~,",,,:.;;-,C__C"'_L_'" -"_ ;., _~,_~_ ~- Verilieation ~- ~-.tfiat-dUl,_E!t"at~'1 tllIld&ilLthit~dt:~.. atatma-amL. .....=.:t l>~...r~l~hu..t$at ~~~ -- , -- .~ l -, - ""5~ial..I...M'''I,.",;;; JOSEPH M. KNOBLE, Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-6296 KATHRYN COOK-KNOBLE, Defendant CIVIL ACTION - LAW CUSTODY. ORDER OF COURT AND NOW, this J 51:. day of -^.J ove yJ,eA , 2000, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Joseph M. Knoble and Kathryn Cook-Knoble, shall have shared legal custody of the minor Children, Andrew Carlton Knoble, born May 20, 1993, and Allison Kathryn Knoble, born April 29, 1996. 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 this paragraph, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. 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. Physical Custody. Mother shall have primary physical custody. The Father shall have partial physical custody on alternating weekends from Friday after school until Sunday at 10:30 a.m. Father's alternating weekend schedule begins October 27, 2000. 3. Vacation. Each parent shall be entitled to one week of uninterrupted summer vacation each year subject to at least a 30-day notice to the other parent. .- - '_To ',~- , ~~-""-, , NO. 00-6296 4. Holidays. Christmas shall be shared on an AlB schedule. Segment A shall be from December 24th at Noon until 10:00 a.m. Christmas Day. Segment B shall be from Christmas Day at 10:00 a.m. until December 26th at 8:00 p.m. In even-numbered years, Father shall have Segment A and Mother shall have Segment B. In odd-numbered years, Mother shall have Segment A and Father shall have Segment B. For the Christmas holiday 2000, Father's normal weekend schedule will be in effect in addition to the holiday schedule. The parties shall share other holidays as they may mutually agree. 5. Transportation. Incidentto the foregoing custodial arrangement, transportation shall be shared by the parties. The parent receiving custody shall be the parent who provides transportation for the Children. 6. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. 7. It is noted that there are great tensions in the relations between the parties to this Order. The parties shall participate in a minimum of eight outpatient counseling sessions aimed at improving their communication and ability to work cooperatively in making parenting decisions for their Children's benefit. TR1:"" roo'"~ ~"r~' 1"r.!-~"7'\ -\..~,1.. ~.' . ~ t'J\.v.'t'\ '-.!.-..'7..', i...;.... In Testjmor...\., / "f. I here unto set my hand and the '03' ., ""'d "0'''': -. r,(';.1 pa .:)l; J VI \,I;. \.. ...;" ~lt.. ;:':Ile/ . Jh.._L...d. .m::~"~ BY THE COURT, Dist: Charles Rees Brown, Esquire, 2080 Linglestown Road, Suite 202, Harrisburg, PA 17110 Lori K. Serratelli, Esquire, 2080 Linglestown Road, Suite 201, Harrisburg, PA 17110-9670 ., 'C'_.___. ~ -""~;i DEe 11 2001 J JOSEPH M. KNOBLE, vs. . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-6296 CIVIL ACTION - LAW CUSTODY Plaintiff KATHRYN COOK-KNOBLE, Defendant Oler, J. - TEMPORARY ORDER OF COURT AND NOW, this /7 1\" day of December, 2001, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. A hearing is s~eduled in Courtroom Number 1 of the Cumberland County Courthouse, on the :(15 day of _'{'(\a.f'l'\.. ,2002, at q:JO o'clock oJ .M., at which time testimony will be taken. For the purposes of the hearing, the Father, Joseph M. Knoble, 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 antidpated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. 2. Legal Custody. The parties shall have shared legal custody of the minor Children, Andrew Carlton Knoble, born May 20, 1993, and Allison Kathryn Knoble, born April 29, 1996. 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. 9 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. 3. Per agreement of the parties, custody for Allison shall be shared on a week- on/week-off basis effective January 4, 2002, being Father's custodial week. Until that time, Father shall have custody of Allison on alternating weekends from Friday at 6:00 p.m. until Sunday at'6:00 p.m., effective December 7, 2001. Father shall provide supervision of ' homework as needed during his periods of custody. ilJi.:lfu;.," No. 00-6296 - Civil Term 4. The parties shall participate in a minimum of eight co-parent counseling sessions in an endeavor to improve their parental communication and level of cooperation necessary to support a shared legal custodial arrangement. The parties shall call by December 10, 2001, to schedule the first appointment. Unreimbursed costs shall be shared equally by the parties. 5. Father shall participate in counseling with Andrew and Dr. Small. It is hoped that Dr. Small will be able to provide some effective input with regard to what Andrew's needs are and the re-establishment of the relationship and contact with his Father. 6. Father shall have partial physical custody of Andrew on alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m. effective December 7,2001. Dis!: Kathryn Cook-Knoble, 128 S. 31" Street, Camp Hill, PA 17011 Charles Rees Brown, Esquire, 4409 N. Front Street, Harrisburg, PA 17110-1709 ~ "- , , ~"''''" '~~""'oj:. JOSEPH M. KNOBLE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-6296 CIVIL ACTION - LAW CUSTODY vs. KATHRYN COOK-KNOBLE, 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 CURREIIITL Y IN CUSTODY OF Andrew Carlton Knoble Allison Kathryn Knoble May 20, 1993 April 29, 1996 Mother ' Mother 2. A Custody Conciliation Conference was held on November 30, 2001, with the following individuals in attendance: the Father, Joseph M. Knoble, and his counsel, Charles Rees Brown, Esquire; the Mother, Kathryn Cook-Knoble, appeared pro se. 3. The parties were seen pursuant to Father's Petition to Modify Custody filed on or about October 18, 2001. No subsequent pleadings to this Petition have been filed. The relief which Father seeks is to have additional time with his Children. He prefers a week-on/week- off alternating custodial schedule. Additionally, Father would like a more specific plan of holiday custody. 4. The parties were able to reach an agreement with regard to Father's custodial schedule for Allison. However, the parties were not able to reach an agreement with regard to the custodial schedule with Father for Andrew. Therefore, a hearing will be necessary on the issue of Father's. custodial time with Andrew. The parties were also able to reach some agreements with regard to parent counseling and Father's participation in counseling with Andrew and his present therapist. 5. Father's Position on CUstody. Father complains that Mother has failed to disclose to him information pursuant to his rights of shared legal custody. Specifically, he claims that she has failed to disclose to him schedules of sporting events and school activities. Father complains of restricted telephone contact, denial of periods of custody, and the use of her family to discourage his contacts with the Children. Father continues to be concerned that his son Andrew is having nocturnal enuresis and ecopresis. ~ '"-' "-- , "r"" ~,,,,:~!l, No. 00-6296 - Civil Term Father is also very unhappy about Mother's disclosure to the Child of his adoptive relationship with Father. At the time of the Conference Father said that he had not seen Andrew in three months until a brief contact on Friday, November 23, 2001. 6. Mother's Position on Custody. Mother alleges that she has provided Father with the opportunity to be part of the discussions with Andrew regarding his adoptive status with Father. However, she claims that Father advised herhe did not want to be a part of telling the Child. The parties have not participated in the co-parent counseling which was recommended and included in the last Court Order of 2000 subsequent to their October 24, 2000, Custody Conciliation Conference. However, Mother claims this is because Father refl,.lses to pay for the counseling services. With regard to the flow of information between the parties pursuant to legal custody issues, Mother claims that she has had registered mail returned to her marked refused, return to sender. She states that when she tries to contact Father via the telephone she is frequently hung up upon. With regard to the parents' concerns about Andrew's medical condition, Mother states the physician had prescribed a medication which was only used for a few days because of side effects. Subsequently he was taken off the medication. Mother states that all of this occurred in between Father's periods of custodial visits. Tbe Child has seen Dr. Kenneth Small for behavioral concerns. However, the Mother and Maternal Grandmother are attending these visits with Dr. Small each two weeks for his guidance. At the time of the Conference, Mother was extremely resistant to Father having any contact with Andrew other than over the telephone. She describes the Child as having a bad temperament and states that he cries and tells her that he does not want to spend time with his Father. Mother admits there is a great deal of tension between herself and Father's new fiance. She claims that the fiance stays on the telephone during times that Mother calls the Children when they are in Father's custody. Mother also alleges that Father doesn't really love Andrew and that Father will be unreliable in the supervision of homework responsibilities during this custodial time. 7. The parties db not presently have plans to use an expert witness or participate in a custody evaluation prior to the hearing, therefore there will be no need to delay the hearing pending the outcome of the custody evaluator's report. 8. In light of Mother's refusal to provide any contact between Father and the minor Child and the time interceding between the Conference and the Custody Hearing the Conciliator is making a recommendation for Father's partial custodial time with Andrew. /d.-/,D/()) I J l ~~((cu &JVv\ Melissa Peel Greevy, Esquire , Custody Conciliator Date Iilliil..ll"...... ~H~ ~. -~ -0-' H_: " -',. _~J!iiii'.Oti;.~"-, Charles From: Sent: To: Subject: JOEY Uoey@innernet.net] Wednesday, December 19, 2001 5:07 PM Charles Fw: Next Weekend & Christmas ----- Original Message ----- From: "kathy knoble" <kathykllO@hotmail.com> To: <joey@innernet.net> Sent: Friday, December 14, 2001 4:18 PM Subject: Re: Next Weekend & Christmas > > > > > > >From.: "JOEY" <joey@innernet~net> > >To: "Kathy K" <KathyK110@hotmail.com> > >Subject: Next weekend & Christmas > >Date: Fri, 14 Dee 2001 15:51:55 -0500 > > > >1 am informing you that when I pick up Allison next Fri. (Dec.20), I will > >also be picking Andrew up for the weekend. As for Christmas, I wil pick up > >Andrew & Allison at 10 am Dec. 25, and you can pick them up at 8 pm Dec. > >26. > > > > Join the world's largest e-mail service with MSN Hotmail. > http://www.hotmail.com > > You will be picking up Allison only. We Andrew. The last that was discussed was go and that is how it is going to stay. do not that I Sorry. have a court order about was refusing to let Andrew 1 >illi'Dli' " "~ 1lIIillIlliil"""""' ,y~;",:, Charles From: Sent: To: Subject: JOEY Ooey@innernet.net] Wednesday, December 19, 20015:06 PM Charles Fw: Weekend & Christmas ----- Original Message ----- From: "kathy knoble" <kathykllO@hotmail.com> To: <joey@innernet.net> Sent: Wednesday, December 19, 2001 5:14 PM Subject: Re: Weekend & Christmas > Andrew will not be going, so you go ahead and do what you need to do. > > > > > > > > >Frorn: "JOEY" <joey@innernet.net> >To: "Kathy K" <KathyKllO@hotmail.com> >Subject: Weekend & Christmas >Date: Wed, 19 Dec 2001 16:34:39 -0500 > >As of today, the new order is out. Have Andrew available and ready to corne > >along this weekend. I will be picking him up along with Allison at 6:00 > >pm. You can pick them up at 6:00 pm Sunday, per the new order. > > > > Join the world's largest e-mail service with MSN Hotrnail. > http://www.hotmail.com > > 1 " '0 _ ~_._ >-.' ~~" h CERTIFICATE OF SERVICE I, Charles Rees Brown, hereby certify that on this 27th day of December, 2001, I did personally serve a true and correct copy of the foregoing Petition for Contempt by depositing the same in the United States mail, first class, postage-prepaid, addressed as follows: Kathryn Cook-Knoble 128 South 31 st Street Camp Hill, PA 17011 ---~=---- ~~-~ .'-X- Charles Rees Brown ,,,,,,,,-,,,'''.^,,-,- " -^', - 'f 'II ~ ~" ""''':I " ~" " ~.~- ..._c OJtS[1U }::)(2"@ ~ 'it . - '" g t; ~ ::V ~ ~ F ~ J- ~,__"~ .n' (') C 5:: ~ig 20 zt (J) ,,;~:-: ~.~~;~ :s: \....... ~C) "'~/~'} ;p, C:: z -, -< ~ c:::> 1"-.> 1 , , , i ~ ;t.~ ~~ "'~ f f\.) o "n .-; :;--h ~n !"r2;; ~~~ ;~~~ c"_~, " :3; ~ :..' :0 -< F w . ',' _' L~ ~ Oi~" .. ~ Plaintiff FEB 1 9 2002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-6296 JOSEPH M. KNOBLE, vs. KATHERINE COOK-KNOBLE, Defendant CIVIL ACTION -LAW CUSTODY ORDER OF COURT AND NOW, this 7 -7- '" ,.{ day of February, 2002, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. All prior Orders in this matter are vacated. 2. Father's Petition for Contempt shall be held in abeyance for a period of sixty days from the date of the Conference. During the week of April 1 , 2002, counsel for Father will initiate a conference call to occur between the Conciliator and counsel for the Defendant with regard to the Defendant's compliance with the provisions of the following Order. It is anticipated that if the Defendant remains compliant with the Order that the Petitioner will withdraw the Petition for Contempt. 3. Legal Custody. The parties, Joseph M. Knoble and Katherine Cook-Knoble, shall have shared legal custody of the minor Children, Andrew Carlton Knoble, born May 20, 1993, and Allison Katherine Knoble, born April 29, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of Pa. C. S. 9 5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor Child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational records, attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school night, and the like. J ... ,." - ~~ D? Fr:I' "" "::: .~);:--, ',. ,~ . ~ =~ . , 2:S5 C'I'l" 'I,'.' '1-' ......i~b.c;.s;iL/:" ('i"\ {.' I C./VNSV;! 1,;:,--LJ{!V I J.../!t'\l//i I "'1 . " ,~"'~ ",.,"'''V?~_ ,}...., ~-. "-~-., " ,~~<'f;!'m'~1~" - <~ " .', ,-, F ~~a:w~il'~~~ .. ~ '"~",. .-''--''< -~.."'"I"I!lTL... ,1I!.""...,,c ,~. " ~ '0 "" 1ll<..J,.Tdll<;;k~.'; No. 00-6296 -- Civil Term 4. The hearing for March 21,2002, is canceled. 5. The parties shall submit themselves and their minor Children to an independent custody evaluation to be performed by Riegler, 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. The cost of the evaluation shall be shared equally by the parties. It is anticipated that the evaluation shall encompass both Children. 6. Following the completion of the custody evaluation and counsels' receipt of the report of the evaluation, the parties may request by letter to reconvene the Custody Conciliation Conference. However, should counsel choose to proceed to a hearing following the receipt of the report, a hearing will be scheduled upon proper motion before the Court. 7. The parties shall continue with the co-parent counseling which they are presently attending with Audrey C. Aarus, M.S.W. The parties shall continue their efforts to improve parental communication and the level of cooperation necessary to support a shared legal custody arrangement. The cost of the co-parent counseling shall be shared equally by the parties. It is noted for the record that the parties have attended three sessions, therefore they shall attend a minimum of five additional counseling sessions with Ms. Aarus. 8. Physical Custody. The parties shall share physical custody of Allison on a week- on/week-off basis effective January 4, 2002, to commence Father's first custodial week. Father shall provide supervision of homework as needed during his periods of custody. 9. Father shall have partial physical custody of Andrew on alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m., effective December 7, 2001. 10. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. 11. Holidays. Christmas shall be shared on an A/B schedule. Segment A shall be from December 24th at Noon until 10:00 a.m. Christmas Day. Segment B shall be from Christmas Day at 10:00 a.m. until December 26th at 8:00 p.m. In even-numbered years, Father shall have Segment A and Mother shall have Segment B. In odd-numbered years, Mother shall have Segment A and Father shall have Segment B. The parties shall share the other holidays as they may mutually agree. -- , " . . ,-",~, ' - , ;'",-;' ",' ,>, < ~- ~ "'~'''' ~ -, No. 00-6296 -- Civil Term 12. Transportation. Incident to the foregoing custodial arrangement, transportation shall be shared by the parties. The parent receiving custody shall be the parent who provides transportation for the Children. 13. Vacation. Each parent shall be entitled to one week of uninterrupted summer vacation each year to commence with the Friday of their custodial weekend. Each parent shall provide at least thirty days notice to the other parent of the vacation time chosen. In the event that there is a conflict in the vacation schedule, the parent first providing written notice to the other party shall be entitled to the choice of the vacation schedule. BY THE COURT, Disl: Charles Rees Brown, Esquire, 2080 Linglestown Road, Harrisburg, PA 17110 Heather Faust, Esquire, Killian & Gephart, 218 Pine Street, Harrisburg, PA ~ ~ .J...15'.{);L, (L. - ."-'" . '-' ",'- "'IlllII<ll~~~;:,i J... JOSEPH M. KNOBLE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-6296 vs. KATHERINE COOK-KNOBLE, Defendant CIVIL ACTION - LAW CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVil PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Andrew Carlton Knoble Allison Katherine Knoble May 20, 1993 April 29, 1996 Mother Mother 2. A Custody Conciliation Conference was held on February 4, 2002, with the following individuals in attendance: the Father, Joseph M. Knoble, and his counsel, Charles Rees Brown, Esquire; the Mother, Katherine Cook-Knoble, and her counsel, Heather Faust, Esquire. 3. The parties reached an agreement in the form of an Order as attached. c4lt/o zJ ~~~ Date Melissa Peel Greevy, Esquire Custody Conciliator ~."" "j(t: JOSEPH M. KNOBLE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 00-6296 KATHERINE COOK-KNOBLE Defendant CIVIL ACTION-LAW CUSTODYNISIT A TION ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned as counsel to the Petitioner in the above-captioned action. Respectfully submitted, ~l(~ Matthew T. Kelly J Pa. Supreme Ct. 1.D.# 90762 Foreman & Foreman, P.C. 4409 North Front Street Harrisburg, PA 17110-1709 (717) 236-9391 Attorney for Petitioner Date: l ,~t ,0 '7 \.{;'.,-~L.,,"Lo.r" "'Ill _,"IIIB ~." ."~ Tl_^_~_, ~;,..~ 12" ,,~ -- ~ -, '-~irl--~ ~" ,,' -_'-_~~ 1l~, ,-r.~"'>~, '. ':-;;Mj.",,,,,,P'. . " ,~ '';; . -','- CJ c: '?' "0'"'[;.' f11rT :Z::r Zr-' (1)2> -.<=. ro=";;" -:=::C.. )>:C :s(-;! ~c' :z =< CO 0? :.n 0:> C:;. (,.; 9 '-- S '"T" G) '. fc} ::_~~'() Q~ 6ffi );! :i:J -:: :"'L:: ~"'" . -~, ~'-. ~ ,"'d~ .i/,."""~~~iv,,,. - JOSEPH M. KNOBLE PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 00-6296 CML ACTION LAW KATHERINE COOK-KNOBLE DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, August 05, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, P A 17043 on Tnesday, September 09, 2003 at 8:30 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 directsxhe 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 hearinll. FOR THE COURT, By: Isl Melissa P. Greevy. Esq. Custody Conciliator u 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 HA VB 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 "" jf -lf~_~ ~, ~ . ~-^', ~ > " " ". .. ~__'"" n,'_'" ,,~ "<~,_,, =,- -~ "" FILEI}'O"FII'J: Of'" T~_"- "i ~,-- \.I~ I" :, 'j;: :-c.::: : r- t(}\,rnTJ.IRY .j,1i! 'u"3 All" '. 14_1,,-:; PN3:07 CU~Wf~hSytv,~~ilNl'i ff'~03 f -5 ttJ...} :Ism w-~~~'a1f~ ~~~~. ~~ ~'4~ - ~'"'..... ~i\lI!Il!M._~~ ~~I"""'- :.l.JI ,~_"_ ,.r .' ~, ,""",,~~!lIl!iIl:<!l",~M'!>""",O''''''-:<'*1l9~iv.'Jii\'llliir~f''^),\f.~I~~!j''?''~~ft!ijl~,,_~.~ I _""0- -I- lfl. ~- '~"'"~,: JOSEPH M. KNOBLE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA f v. NO. 00-6296 KATHERINE COOK-KNOBLE Defendant CIVIL ACTION-LAW CUSTODY NISIT A nON ORDER OF COURT AND NOW, this _ day of , 2003, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before, , the conciliator, at , on the day of , 2003, at _m., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. AU children age five or older may be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. AU 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 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 (717) 249-3166 -~~- ~ '~<i',j;l<k~ JOSEPH M. KNOBLE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-6296 KATHERINE COOK-KNOBLE Defendant CIVIL ACTION-LAW CUSTODY NISITA TION ORDER OF COURT AND NOW, this day of , 2003, upon consideration of within Petition for Emergency Relief and Contempt, it is hereby ORDERED that a hearing be scheduled for the day of , 2003 at o'clock . m. in Court Room No. _ of the Cumberland County Court House. BY THE COURT: /J/ - . . .t..~~ JOSEPH M. KNOBLE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 00-6296 KATHERINE COOK-KNOBLE Defendant CIVIL ACTION-LAW CUSTODYNISITATION PETITION FOR CONTEMPT OF THE FEBRUARY 22. 2002 ORDER OF COURT AND NOW, comes the Petitioner, Joseph M. Knoble, by and through his attorney, Matthew T. Kelly, Esquire, and avers as follows: I. Petitioner is Joseph M. Knoble, who resides at Lot 225, Shippensburg Mobile Estates, Shippensburg, Pennsylvania 17257. 2. Respondent is Katherine Cook-Knoble, who resides at 128 South 31 st Street, Camp Hill, Pennsylvania 170 II. 3. The parties are the parents of the minor children: Andrew Carlton Knoble, born May 20, 1993 and Allison Katherine Knoble, born April 29 1996. 4. Pursuant to the Order of this Court dated February 22, 2002, Petitioner has partial physical custody of Andrew C. Knoble on alternating weekends from Friday at 6:00 p.m. nntil Sunday at 6: 00 p.m. effective December 7, 2001. A copy of said Order is attached hereto and marked as Exhibit "A". 5. Pursuant to the Order of this Court dated February 22,2002, Petitioner has partial physical custody of Allison K. Knoble on a week-on/week-off basis effective January 4, 2002. This agreement has been modified by mutual consent between the parties. A copy of said Order is attached hereto and marked as Exhibit "A". " - ._- 6. Pursuant to the Order neither party shall do or say anything which may estrange the children from the other parent, injure the opinion of the children as to the other parent, or hamper the free and natural development of the children's love and respect for the other parent. 7. Friday, June 20, 2003 was the beginning of a weekend on which Petitioner had physical custody of Andrew C. Knoble pursuant to this Order. 8. When Petitioner arrived at the scheduled time and place for pick-up, Andrew C. Knoble was not present or available. Only Petitioner's daughter Allison Knoble was available for him to pick-up. 9. Petitioner was denied his visitation rights with his son Andrew on this date. 10. Friday, July 4, 2003 was the beginning of a weekend on which Petitioner had physical custody of Andrew C. Knoble pursuant to this Order. II. When Petitioner arrived at the scheduled time and place for pick-up, neither minor child was present or available. 12. Petitioner was denied his visitation rights with his son Andrew and his daughter Allison on this date. 13. Friday, July 18, 2003 was the beginning of a weekend on which Petitioner had physical custody of Andrew C. Knoble pursuant to this Order. 14. When Petitioner arrived at the scheduled time and place for pick-up, Andrew C. Knoble was not present or available. Only Petitioner's daughter Allison Knoble was available for him to pick-up. 15. Petitioner was denied his visitation rights with his son Andrew on this date. - ~. ~ <~~~ 16. Petitioner has complained to Respondent regarding Respondent's withholding of minor children and despite Petitioner's complaints, Respondent continues to withhold Andrew from visitation. 17. Petitioner's next scheduled weekend begins Friday, August 1,2003. 18. Respondent has informed Petitioner that she will be on vacation and he will not be able to see either Andrew or Allison for his regular weekend visit. 19. Petitioner will be denied his visitation rights with his son Andrew and his daughter Allison on this date. 20. Respondent consistently asks children to get off the phone when Petitioner calls, making communication between Petitioner and his minor children difficult. 21. Respondent has repeatedly informed Petitioner that she will not permit Andrew to visit with Petitioner. 22. Respondent does not timely inform Petitioner of medical conditions regarding minor children so as to permit Petitioner a reasonable opportunity to remain informed, request information and to respond appropriately. 23. Respondent does not timely inform Petitioner of activities the minor children participate in so as to give him a reasonable opportunity to encourage, participate or otherwise promote the general well being of the minor children. 24. Petitioner believes and therefore avers that Respondent has informed Andrew that Petitioner is not his biological father causing estrangement and hampering the free and natural development of Andrew's love and respect for Petitioner. ... -~ ~!;'&'U,"i.,j' 25. Petitioner believes and therefore avers that the Respondent is in willful contempt of the Order dated February 22,2002 in that she does not permit Andrew Carlton Knoble to visit with Petitioner on his regular weekends. 26. Petitioner believes and therefore avers that the Respondent is in willful contempt of the Order dated February 22, 2002 in that she has denied Petitioner visitation with his minor daughter Allison. 27. Petitioner believes and therefore avers that the Respondent is in willful contempt of the Order dated February 22, 2002 in that she is taking the minor children on vacation beginning on a weekend in which Petitioner has visitation rights. 28. Petitioner believes and therefore avers that the Respondent is in willful contempt of the Order dated February 22, 2002 in that she does not timely inform Petitioner of medical and social needs and schedules so as to permit Petitioner to participate in the general well being of the minor children. 29. Petitioner believes and therefore avers that the Respondent is in willful contempt of the Order dated February 22, 2002 in that she has informed Andrew that Petitioner is not his biological father causing estrangement and hampering the free and natural development of Andrew's love and respect for Petitioner. WHEREFORE, Petitioner requests that the Court adjudicate the Respondent in contempt, award reasonable counsel fees to the Petitioner for the filing of this Petition and any further sanctions or modifications the Court deems appropriate. Respectfully submitted, FOREMAN & FOREMAN, P.C. By: Date: '1.3 \'U) . :(l Matthew T. Kelly, Esquire P A J.D. # 90762 Attorney for Petitioner 4409 North Front Street Harrisburg, PA 17110-1709 (717) 236-9391 -~. ~ ,~~ VERIFICATION " '...-., ~ '~"~', - I hereby verifY that the statements made in this Petition are true and correct to the best of my knowledge, information and belief. I understand that the statements made herein are subject to the penalties set forth at 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. Dated:~ ~~ EXHIBIT "A" ,:.~"'~ . -- ~ -~~~ . ~ ' ll~J~" .. . .. . Plaintiff fEB 1 S 2002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-6296 , JOSEPH M, KNOBLE, vs. KATHERINE COOK-KNOBLE, Defendant CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this ');2~ day of February, 2002, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. All prior Orders in this matter are vacated. 2. Father's Petition for Contempt shall be held in abeyance for a period of sixty days from the date of the Conference. During the week of April 1 , 2002, counsel for Father will initiate a conference call to occur between the Conciliator and counsel for the Defendant with regard to the Defendant's compliance with the provisions ofthefollowing Order. It is anticipated that if the Defendant remains compliant with the Order that the Petitioner will withdraw the Petition for Contempt. 3. Leaal Custody. The parties, Joseph M. Knoble and Katherine Cook-Knoble, shall have shared legal custody of the minor Children, Andrew Carlton Knoble, born May 20, 1993, and Allison Katherine Knoble, born April 29, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of Pa. C. s. 9 5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. Tip the extent one parent has possession of any such records or information, that parent shall\Q.1'l 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor Child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational records, attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school night, and the like. - - < ~. ~ '0' __,_"",..u,,, r No. 00-6296 -- Civil Term 4. The hearing for March 21, 2002, is canceled. 5. The parties shall submit themselves and their minor Children to an independent custody evaluation to be performed by Riegler, 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. The cost of the evaluation shall be shared equally by the parties. It is anticipated that the evaluation shall encompass both Children. 6. Following the completion of the custody evaluation and counsels' receipt of the report of the evaluation, the parties may request by letter to reconvene the Custody Conciliation Conference. However, should counsel choose to proceed to a hearing following the receipt of the report, a hearing will be scheduled upon proper motion before the Court. 7. The parties shall continue with the co-parent counseling which they are presently attending with Audrey C. Aarus, M.S.w. The parties shall continue their efforts to improve parental communication and the level of cooperation necessary to support a shared legal custody arrangement. The cost of the co-parent counseling shall be shared equally by the parties. It is noted for the record that the parties have attended three sessions, therefore they shall attend a minimum oHive additional counseling sessions with Ms. Aarus. 8. Physical Custody. The parties shall share physical custody of Allison on a week- onlweek-off basis effective January 4, 2002, to commence Father's first custodial week. Father shall provide supervision of homework as needed during his periods of custody. 9. Father shall have partial physical custody of Andrew on alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m., effective December?, 2001. 10. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. 11. Holidays. Christmas shall be shared on an A1B schedule. Segment A shall be from December 24th at Noon until 10:00 a.m. Christmas Day. Segment B shall be from Christmas Day at 10:00 a.m. until December 26th at 8:00 p.m. In even-numbered years, Father shall have Segment A and Mother shall have Segment B. In odd-numbered years, Mother shall have Segment A and Father shall have Segment B. The parties shall share the other holidays as they may mutually agree. ..,< r- . "--"", ,~ . No. 00-6296 -- Civil Term J'-_. ~,..,.~,l",,-, 12. Transp.ortation. Incident to the faregaing custadial arrangement, transpartatian shall be shared by the parties. The parent receiving custady shall be the parent who pravides transpartatian far the Children. 13. Vacatian. Eac.h parent shall be entitled t.o .one week .of uninterrupted summer vacatian each year ta cammence with the Friday of their custadial weekend. Each parent shall provide at least thirty days natice ta the ather parent of the vacatian time chasen. In the event that there is a conflict in the vacation schedule, the parent first providing written natice ta the ather party shall be entitled ta the choice .of the vacatian schedule. BY THE COURT, liJgetlJ'AP"j (PI,,,, Q._ J. e ey Oler, J. Dist: Charles Rees Brown, Esquire, 2080 Unglestown Road, Harrisburg, PA 17110 Heather Faust, Esquire, Killian & Gephart, 218 Pine Street, Harrisburg, PA ~rT~_{ r"'.t'~ h 'i--'''.r'''' ,-~, 1_" ,.... " . '",." ~(jL:.;'_ d~~ Ari- I -- rJ:~';r:!;hr.',r"'~-;::I"J ~ ,Y."l..d'Uu"", J .. : ,.,.j - ~ '-'~- ,. .. "~ '.- ~-~""Ilc_-_ JOSEPH M. KNOBLE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-6296 KATHERINE COOK-KNOBLE Defendant CIVIL ACTION-LAW CUSTODYNISITATION CERTIFICATE OF SERVICE I hereby certify that I am this date, serving a true and correct copy of the within Petition for Emergency Relief and Contempt on the following on the date and in the manner indicated below: Certified Mail. Return Receipt Requested Katherine Cook-Knoble 128 South 31 st Street Camp Hill, P A 170 II Respondent ~'T/,6jL Matthew T. Kelly ~ Pa. Supreme Ct. I.D.# 90762 Foreman & Foreman, P.C. 4409 North Front Street Harrisburg, P A 1711 0-1709 (717) 236-9391 Attorney for Petitioner Date: August 1,2003 '. , .~--_""",J.w"",_ JOSEPH M. KNOBLE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 00-6296 KATHERINE COOK-KNOBLE Defendant CIVIL ACTION-LAW CUSTODYNISIT A TION CERTIFICATE OF SERVICE I hereby certify that I am this date, serving a true and correct copy of the within Petition for Emergency Relief and Contempt on the following on the date and in the manner indicated below: Certified Mail. Return Receipt Requested Katherine Cook-Knoble 128 South 3151 Street Camp Hill, PA 17011 Respondent A~L ViL Matthew T. Kelly I Pa. Supreme Ct. LD.# 90762 Foreman & Foreman, P.C. 4409 North Front Street Harrisburg, P A 1711 0-1709 (717) 236-9391 Attorney for Petitioner Date:') '3) -u--S '''"_I , l~ifll1~'I:ver~iri ~1ilL:.'iilr~~_~MII~~~j~~~M. "......, - ~-. ~ ,-. 1 1 ~ ~ () 0 0 C. v.:~ "-n s: , ,.", ~ -oG' ~ ~ '-,- ~ rl1n; ,- ,'\ i;:~,_ z"'-' ,~ ~;~; ;':3 ........ b zS:;. i';~)i~! ~ \ ~~ tJ ~C' -0 --\-::~, ,"1__ ~o -"~ ...n ~ .?-{-" r:? ~~~ \~n Ji'j ~ C ~ ~ "..11 :>> J,.- ~ "',~ ," - ~'.',,~_,"_, ~,~~~~,__ ,"'?"" o. .,. ". , .,_ ;~...\ .x, ' ___.,_ _ "~",,,,~ _~, - - , - .,,"-'0-'-- ~ , _,~ ,., ,--:_~ . ~-, -~ --~'" !li,.1 -l! 1"'1 i-I !:j fi " :.i ., ;! I" ,I Ii ~ ! :, ;, i'i I' tj II il II :j 'I Ii ;,j :1 -. -, ,~, ~ -- - ,. ~- , ,-,--' '00'-' ~-."_ -' _'_'_"" - ~<-.,,; JOSEPH M. KNOBLE, Plaintiff :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYL V ANLA V. :NO. 00-6296 KATHERINE COOK-KNOBLE, Defendant :CIVIL ACTION - LAW :CUSTODY - VISITATION NOTICE TO PLEAD TO: MATTHEW T. KELLY, ESQUIRE FOREMAN & FOREMAN, P.c. 4409 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17110-1709 ATTORNEY FOR JOSEPH M. KNOBLE, PLAINTIFF You are hereby notified to file a written response to the enclosed Answer and New Matter within twenty (20) days from service hereof or a judgement will be entered against you. Date: crj ytll ence. sen, Esquire vsky & Rosen, P.C. 1101 North Front Street Harrisburg, PA 17102 Attorney for Defendant - - - -..-' .--, ''- "" JOSEPH M. KNOBLE, Plaintiff :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYL VANIA V. :NO. 00-6296 KATHERINE COOK-KNOBLE, Defendant :CIVIL ACTION - LAW :CUSTODY - VISITATION ANSWER TO PLAINTIFF'S PETITION FOR CONTEMPT. NEW MATTER AND REOUEST FOR MODIFICATION OF EXISTING ORDER AND NOW, this.5 day of Scfk'n~ ' 2003, comes Respondent, Katherine Cook-Knoble, by and through counsel, Lawrence J. Rosen, Esquire, and offers the following Answer to Petitioners Petition for Contempt, New Matter and Request for Modification of Existing Order: ANSWER 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. By way of further explanation, Petitioner originally sought shared physical custody of Andrew on a week to week basis. However, he changed his mind when Respondent requested a custody evaluation to determine the best interests of Andrew. 5. Admitted. By way of further explanation, Petitioner voluntarily reduced his periods of partial custody with Allison to every other weekend. On or before June 2002, Petitioner notified Respondent via E-Mail that every other weekend was more than he was able to handle and provided a list of weekends that he would be able and willing to exercise periods of partial custody which amounted to approximately one weekend per month. 6. Admitted. -~, :i:", .. _ ,-,--,-- .-~...',;..-'>~ 7. Admitted. 8. Admitted. By way offurther explanation, due to the Andrew's great reluctance to visit with Petitioner, Petitioner E-Mailed Respondent in May that is she would reduce his child support obligation, he would no longer force Andrew to visit with him. Respondent agreed and Petitioner stopped attempting to visit with Andrew. 9. Admitted. By way of further explanation, when, on or about mid-June Respondent requested an additional $20.00 per month in child support for summer camp expenses, Petitioner decided that he wished to exercise his rights under the Order. 10. Admitted. 11. Admitted. By way of further explanation, this date was not of Petitioner's revised schedule. 12. Admitted. By way of further explanation, rights under the Order which Petitioner had voluntarily modified. 13. Admitted. By way of further explanation, rights under the Order which Petitioner had voluntarily modified. 14. Admitted. See Paragraph 13. 15. Admitted. See Paragraph 13 16. Admitted. 17. Denied. When Petitioner voluntarily reduced his periods of partial custody, Respondent made plans for her vacation with the children.. 18. Admitted. By way of further explanation, Respondent provided notice regarding her summer vacation plans as per the existing Order. 19. Denied. Petitioner had voluntarily reduced his periods of partial custody prior to Respondent making her plans for summer vacation. 20. Denied. 21. Denied. Respondent has informed Andrew that due to the great stress and trauma he experiences when he visits with Petitioner, she has told him that she will not force him to visit with Petitioner. ,'- . '-" c,_ ~ . T', , ~--- --' - ' 22. Denied. By way of further explanation, there are no existing medical conditions about which Petitioner has not been informed. 23. Denied. By way offurther explanation, Petitioner has never expressed an interest in his children's scholastic or extracurricular activities. He has never attended a school conference, never attended one of Andrew's baseball games notwithstanding being given a schedule. Petitioner has never even sent Andrew a birthday card or given him a birthday gift. 24. Denied. Approximately two years ago, Andrew asked Respondent if Petitioner was his natural father. Respondent told Andrew the truth. Respondent believes and therefore avers that Andrew heard of this from Petitioner's girlfriend while has was visiting Petitioner. 15 - 29 See above responses. WHEREFORE, Respondent asks that the Court, should it find Respondent technically in contempt of the existing Order, take into account Petitioner's behavior is voluntarily reducing his periods of partial custody and only after being asked to pay a mere $20.00 in increase child support, seeking to enforce the Order. NEW MATTER 30. Petitioner is the adoptive father of Andrew. 31. Upon the birth of his natural child, Allison, Petitioner's interest in and behavior towards Andrew changed for the worse. 32. Petitioner agreed within the recent past to voluntarily relinquish his parental rights if Andrew's maternal grandfather was able to adopt him. 33. During visits with his father, Andrew reports that his is teased and taunted due to his suffering from bed wetting, called stupid and otherwise made to feel unwanted and unloved. 34. Respondent is concerned that this negative influence exacerbates Andrew's existing emotional/developmental problems. ~ c,. . - ,-" . '.,,',' :'-'~-,.",,-.. 35. Respondent believes and therefore avers that Petitioner is only seeking periods of partial custody with Andrew to vent his anger at Respondent. 36. The parties live approximately forty minutes apart and Allison goes to school in Respondent's school district making anything more than every other weekend visitation with Petitioner impractical. REOUEST FOR MODIFICATION OF EXISTING ORDER 37. Paragraphs one through thirty six are incorporated as if fully set forth herein. 38. Respondent asks that all periods of partial custody with Andrew be terminated and that a custody evaluation be conducted to determine the best interests of Andrew. 39. Respondent asks that Petitioner be granted periods of custody with Allison of every other weekend given the burden placed on Allison of nearly ninety minutes of driving both to and from school when she resides with Petitioner. WHERElFORE, Respondent asks that the current Order be modified to terminate all of Petitioner's periods of partial custody with Andrew pending a custody evaluation and that Petitioners periods of partial custody with Allison be reduced to every other weekend. Respectfully Submitted: Y & ROSEN, P. C. ence J. Rosen, Esquire torney for Respondent 11 0 I North Front Street Harrisburg, Pennsylvania 17102 Attorney ID# 10625 (717) 234-4583 .", ,,; C ~~' . ..~:-. . '-'- '.. '1,-_" . > ~'f J:.'.. JOSEPH M. KNOBLE, Plaintiff :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 00-6296 KATHERINE COOK-KNOBLE, Defendant :CIVIL ACTION - LAW :CUSTODY - VISITATION CERTIFICATE OF SERVICE AND NOW, this -3- day Of~~~ bQ r ,2000, I, Susan N. Lenker, for the Law Firm ofKREVSKY & ROSEN, P.C on behalf of Defendant, KATHERINE COOK- KNOBLE hereby certify that I have this day served a copy of the foregoing Answer in the above- captioned matter, by First Class U.S. Mail on the following: MATTHEW T. KELLY, ESQUIRE FOREMAN & FOREMAN, P.C. 4409 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17110-1709 ATTORNEY FOR JOSEPH M. KNOBLE, PLAINTIFF Susan . Lenker 1101 North Front Street Harrisburg, PA 17102 (717) 234-4583 'J" "-',-' -.~ ",,-_' 0'". ,,' '"'"-";,: JOSEPH M. KNOBLE, Plaintiff :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 00-6296 KATHERINE COOK-KNOBLE, Defendant :CIVIL ACTION - LAW :CUSTODY - VISITATION VERIFICATION AND NOW, this ~ day Of~A ,2003, I, KATHRINE COOK- KNOBLE, hereby verify that the information contained in the foregoing Answer to Plaintiffs Petition for Contempt, New Matter and Request for Modification of Existing Order is true and correct to the best of my knowledge, information and belief. I also understand that false statements made herein are subject to the penalties of 18 Pa. C.S. ~ 4904, relating to unsworn falsification to authorities. DATE: q -3-03 ~~~~ T RINEC - 0 E '",-,- .;L"",; .,' '.Hc ':, N-'-;'''_-''" ." _"~_ ..r.. " ',_ ' ~ -, -r' ..,-;,., - -',', , '-, ~,:-'.. -0 C < ;=g ~}; <-- -'l o G 5_ ~~~. ;>>-i:: _,yO -'c_c___ C"J c.:: ::,-1) (Tl ""'() I 'D c) ,J -'l~ ::~-H ~-~~ ~~ :..._) s! ::0 -< -0 ::r~ ~'? :11 co . .-.- -~ ~_TI ---,--,' , "'..... M...."". ~;;;,.,; \. o SEP 1 2 l003 \y JOSEPH M. KNOBLE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-6296 CIVil TERM CIVil ACTION - lAW IN CUSTODY v. KATHERINE COOK-KNOBLE, Defendant ORDER OF COURT AND NOW, this ~ day of September, 2003, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. All prior Orders in this matter are VACATED. 2. Father's Petition for Contempt shall be held in abeyance until December 31, 2003. During the period of abeyance, the Defendant will have an opportunity to demonstrate her willingness once again to comply with the provisions of this Court's Order. It is anticipated that if the Defendant remains compliant with the Order, that the Petitioner will withdraw the Petition for Contempt on or about January 2, 2004. However, in the event that the Defendant has not remained compliant to the terms of the Order which she has agreed to in the presence and with the representation of able counsel, the Plaintiff/Petitioner shall have the right to petition for a hearing on his Petition for Contempt and shall reserve the right to seek counsel fees retroactive to the date of filing of the Petition which resulted in the scheduling of the Conciliation Conference for September 9, 2003. 3. leqal Custody. The parties, Joseph M. Knoble and Katherine Cook-Knoble, shall have shared legal custody of the minor children, Andrew Carlton Knoble, born May 20, 1993, and Allison Katherine Knoble, born April 29, 1996. 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. All decisions affecting the children's growth and development including, but not limited to, choice of camp, if any; choice of child care provider; medical and dental treatment; psychotherapy, or like treatment; decisions relating to actual or potential litigation involving the children directly or as a beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities; shall be considered major decisions and shall be " """ '-,,-,' II I I , I I II Ii _"C_'<'_',~'~,"~"'o'_'-,,"~ ,,,,,...,'~ _ ,.-. ,.,. I "'.,,,-,- __'",~',,~, ~_ '0.-,,', . '",<', '"9" ,,,--<, ,. '.---~ ',,. -,._~,._ ,'-,,-,,)' _~'.'. " ,'..,__ ~ -,--~"" F~L.EIJ'''Oj:~iCE OF TH:: ~l!:~(---:';-' '~':\!OTARY 0" ~-~ I,"'" J :)t'" '" II,: '1::; ,,1,,,, e,l iil!ii~_~-~;_ii ';, --,-",; il\i;,'\.' ........,_.'-.--, ,,---.I' ,~' '..'--"'.J j . PENNS.ll'l~\J!V~IA ,,-- ,""",'- -""".., "~\%""'! " ~~_~"" W~Jli". -:qlf" _ '......,.~'''''" - ..0 "''''i-'''-~'' ~':'~r . ,--. .",. - L .,.' . '. - ^'_~_, . .~ ~""" \. NO. 00-6296 CIVIL TERM made with the parents jointly, after discussion and consultation with each other and with a view toward obtaining and following a harmonious policy in the children's best interest. 4. Physical Custody. Mother shall have primary physical custody subject to Father's rights of partial custody which shall be arranged as follows: A. Effective September 13, 2003, on alternate weekends from Saturday after Andrew's soccer game until Sunday at 6:00 p.m. Based on Andrew's present soccer schedule, it is anticipated that this schedule will continue through the weekend of November 8, 2003. During this period of time if there is no game on one of Father's custodial weekends, his custodial period shall commence Saturday at Noon until Sunday at 6:00 p.m. In the event that Andrew's soccer teams continues in soccer playoffs subsequent to the weekend of November 8, 2003, the same custodial schedule shall continue throughout playoffs. B. Effective Noyember 21, 2003, or the end of soccer season, whichever shall come first, Father's alternating custodial weekend schedule shall be expanded to Friday at 7:00 .p.m. until Sunday at 7:00 p.m. 5. Transportation. The parent receiving custody shall be responsible for providing transportation incident to the custodial exchange. 6. Neither party shall do or say anything which may estrange the children from the other parent, injure the opinion of the children as to the other parent, or hamper the free and natural development of the children's love and respect for the other parent. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. 7. Holidays. A. Christmas. Christmas shall be shared on an A1B schedule. Segment A shall be from December 24th at Noon until 10:00 a.m. Christmas Da~. Segment B shall be from Christmas Day at 10:00 a.m. until December 26t at 8:00 p.m. In even-numbered years, Father shall have Segment A and Mother shall have Segment B. In odd-numbered years, Mother shall have Segment A and Father have Segment B. B. agree. The parties shall share the other holidays as they may mutually ." . '~'- ., " " . -~ , ",41,~"I" " , . NO. 00-6296 CIVIL TERM 8. Vacation. Each parent shall be entitled to one (1) week of uninterrupted Summer vacation each year to commence with the Friday of their custodial weekend period. Each parent shall provide at least thirty (30) days notice to the other parent of the vacation time chosen. In the event that there is a conflict in the vacation schedule, the parent first providing written notice to the other party shall be entitled to the choice of the vacation schedule. 9. Counsel shall review with their clients their obligations under the Order and the proper procedure to follow in the event that there is a perception of need for change in the Order. BY THE COURT: J. Dist: ~hew T. Kelly, Esquire, 4409 N. Front Street, Harrisburg, PA 17110 J&lwrence J. Rosen, Esquire, 1101 N. Front Street, Harrisburg, PA 17102 VL~ll fY) R){~ O'}'I<o-d3 -". . ..0.. " .",,<!. ,.,'.' ~~ - ~_;l,~ JOSEPH M. KNOBLE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-6296 CIVIL TERM v. CIVIL ACTION - LAW KATHERINE COOK-KNOBLE, 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 Andrew C. Knoble Allison K. Knoble May 20,1993 April 29, 1996 Mother Mother 2. A Custody Conciliation Conference was held on September 9, 2003 with the following individuals in attendance: the Father, Joseph M. Knoble, and his counsel, Matthew T. Kelly, Esquire; the Mother, Katherine Cook-Knoble, and her counsel, Lawrence J. Rosen, Esquire. , 3. The Conference was convened as a result of Father's Petition for Contempt of the February 22, 2002 Order of Court filed on or about August 1, 2003. At the time of the Conference, counsel for Mother presented an Answer and New Matter which had been filed to seek modification of the Custody Order. q/JlJ/by the Petition for Contempt ttached. 4. and Mother's Petition for Modification in the form of a Date Melissa Peel Greevy, Esquire Custody Conciliator :218150 - ~.-~-, ,- ~ ~,.~" . JOSEPH M. KNOBLE, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-6296 KATHERINE COOK-KNOBLE Defendant CIVIL ACTION-LAW CUSTODY NISITA nON PLAINTIFF'S ANSWER TO DEFENDANT'S NEW MATTER AND REQUEST FOR MODIFICATION AND NOW, comes Plaintiff, Joseph M. Knoble, by and through his counsel, Matthew T. Kelly, Esquire, Foreman & Foreman, P.C., and responds to the New Matter and Request for Modification contained in Defendant Katherine Cook-Knoble's Answer with New Matter to Plaintiffs Petition for Contempt. 30. Admitted. 31. Denied. By way of further answer, Plaintiff makes no distinction between "adoptive child" and "natural child" in the manner in which he parents, loves, or treats his children. To the Plaintiff, they are both simply his children. The distinction is only relevant to the Defendant. 32. Admitted with clarification. Plaintiff did not in fact surrender any of his parental rights. By way of further answer, Plaintiff, upon the suggestion of Defendant, agreed to relinquish his parental rights only after being overcome by the mental and emotional exhaustion brought on by the Defendant's abusive, contentious behavior and recalcitrance in complying with court orders. Plaintiff incorrectly believed that in so ;' "-- ~~"","",,.,.m- doing he could put an end to Defendant's pattern of abusive behavior toward him and that the dynamics of the relationships would improve. At all times Plaintiff sincerely believed that his relationship with Andrew would continue, but in a more positive manner. 33. Denied as stated. Plaintiff parents Andrew and Allison equally and in a manner consistent with their best interests. 34. After reasonable investigation, Plaintiff is without knowledge or information sufficient to admit or deny the averment that Defendant is concerned that this negative influence exacerbates Andrew's existing emotional/developmental problems and strict proof is therefore demanded, if relevant, at time of trial. By way of further answer, Plaintiff incorporates his answer in Paragraph 33 above. 35. Denied. Plaintiff only desires what is best for Andrew. 36. Denied. Plaintiff only desires what is best for Allison and has therefore agreed to limit his visitation to every other weekend for the present time. 37. No response to Paragraph 37 is required. 38. Paragraph 38 is a request for relief to which no response is required. By way of further answer, Plaintiff is willing to do what is in Andrew's best interest, however at this time, Plaintiff believes and therefore avers that Defendant's willful contempt of the Order in this matter is a negative influence on Andrew and asks that partial custody be continued pending Defendant's compliance with said Order. 39. Paragraph 38 is a request for relief to which no response is required. By way of further answer Plaintiff incorporates his response in Paragraph 36. -~- " 1]~",,,L, WHEREFORE, for the reasons set forth and the premises stated Plaintiff Joseph M. Knoble respectfully requests this Honorable Court enter relief as set forth in Plaintiffs Petition in Contempt. Respectfully submitted, FOREMAN & FOREMAN, P.C. ~'\(I By Matthew T. Kelly, Es ire Pa. Supreme Ct. ill # 90762 4409 N. Front Street Harrisburg, PA 17110 (717) 236-9391 Attorney for Plaintiff Date: S<l1O~' t,:, ~~ - ~Ik.,":!li:&'" VERIFICATION I hereby verifY that the statements made in the foregoing Answer to New Matter and Request for Modification of Existing Order is true and correct to the best of my knowledge, information and belief. I understand that the statements made herein are subject to the penalties set forth at 18 Pa. C.S. ~ 4904, relating to unsworn falsification to authorities. Dated: 4117/0 ? I 1 '" " ...~ :lit;~'J JOSEPH M. KNOBLE, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-6296 KATHERINE COOK-KNOBLE Defendant CIVIL ACTION-LAW CUSTODY NISIT A TION CERTIFICATE OF SERVICE I hereby certifY that I am this date, serving a true and correct copy of the within Petition for Emergency Relief and Contempt on the following on the date and in the manner indicated below: First Class United States Mail Lawrence J. Rosen, Esquire Krevsky & Rosen, P.C. 11 01 North Front Street Harrisburg, PA 17102 Attorney for Respondent h~(, ~~ Matthew T. Kelly ) Pa. Supreme Ct. I.D.# 90762 Foreman & Foreman, P.C. 4409 North Front Street Harrisburg, P A 1711 0-1709 (717) 236-9391 Attorney for Petitioner Date: September 23, 2003 $;lk,~;,,,-,~,_~ i,,' lllL~WiJ]I!~~~.j~iimj!~~tIJ~~;;'~~~i\1~- -- -~~~ o C-..: ;.',,,.. itt?; "'- - t3~-. iF "-:--, -:e' S? ,~ >f..-~ -", (- (_-~5 .~/) r-,.., -'IJ f>-..) C;. f..J " Ci (~) -,.. _di2i ~=:f 1; ~ ~ -,'. ,- L"':: .~ "'.",);".- JOSEPH M. KNOBLE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 00-6296 KATHERINE COOK-KNOBLE Defendant CIVIL ACTION-LAW CUSTODYNISITATION PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appearance in the above-captioned matter. ~I,I~ Matthew T. Kelly PA ill # 90762 FOREMAN & FOREMAN, PC 4409 N. Front Street Harrisburg, PA 17110 717236-9391 Date: October 17, 2003 ;',' " " liIiil'''" " i "_..._""""--,",,,,,.._--"""'"'''.1'" "" o C -a~" \~~~ (f) '\~. . ~,^ - N- _" ~~ , ., ~ v ^_, ,~, . v . c:;; L,) Cl ,-) :~ rv Cl -::.., " ~ __. ~ H' 'I I I I 'I -.? -,' -' o -n ,-\ ;;~~~ i:-)C-} ~~~~ /";.:(n ~ Jj5 -< '.:? -.J1 Cl ~ .. ~, , '''-'1''---''.'-' - .-'-'"'- ... - o DEe 1 6 2003 .~ JOSEPH M. KNOBLE, Plaintiff :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA -:,~,- : NO. 00-6296 CIVIL TERM V. :CIVIL ACTION - LAW KATHERINE COOK-KNOBLE, Defendant :IN CUSTODY ORDER .'nJJ j)<::~-. ~c5 AND NOW this J!'11bday onJ;"--,l,~ 2003, in consideration of the attached Custody . Stipulation, it is HEREBY ORDERED AND DECREED that all prior Orders in this matter are vacated and the attached Custody Stipulation is hereby adopted by this Court and shall serve as an Order of this Court. . BY THE COURT: Distribution: _ Lawrence J. Rosen, Esquire, 1101 North Front Street, Harrisburg, PA 17102 ~ ~ Joseph M. Knoble, Lot 225, Shippensburg Mobile Estates, Shippensburg, P A 17257 1.2 _;1;;,.0 -3 Q- . 'y"" '. ',~".""",c~c, ""'. . >, h- -'" <'- \;:~..:; [5t5 ~:!.: C)6 I "'.. 0& w -l'1J Sx ,-- U- o M I~;" JlI- ." ".:: L1_ >- t:-; /.:-- ~2:=:r; j...;;> ':~:) :-~( :"~-~~ -~~2~ ;--;~~;t :z -) f..:> Cf\ w w Cl ,..., = = <'-l --~- '.b - '.' ~, - " :""--~_;..:i,i_' ," ,.. , , ,." .. - - 1 ~~ 1 ."", .--,-. _,-C,; ~--- JOSEPH M KNOBLE, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-6296 CIVIL TERM V. : CIVIL ACTION - LAW KATHERINE COOK-KNOBLE, Defendant : IN CUSTODY CUSTODY STIPULATION AND NOW this _day of November, 2003, intending to be bound hereby, the parties, Joseph M. Knoble and Katherine Cook-Knoble do hereby enter willingly and knowingly into the following Custody Stipulation: 1. All prior Orders in this matter are hereby vacated. 2. Legal Custody. The parties, Joseph M. Knoble and Katherine Cook-Knoble, shall have shared legal custody of the minor children, Andrew Carlton Knoble, born May 20,1993, and Allison Katherine Knoble, born April 29, 1996. 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 ofPa.C.S. Section 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 ofthe 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. All decisions affecting the children's growth and development including, but not limited to, choice of camp, if any; choice of child care provider, medical and dental treatment; psychotherapy, or like treatment; decisions relating to actual or potential litigation involving the children directly or as a beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities; ii: .-. ~ , , "IsH shall be considered major decisions and shall be made with the parents jointly, after discussion and consultation with each other and with a view toward obtaining and following a harmonious policy in the children's best interest. 3. Physical Custody: Mother shall have primary physical custody subject to Father's rights of partial custody which shall be arranged as follows: A. Effective November 8, 2003, on alternate weekends from 10:00 A.M. on Saturday until 6:00 P.M. on Sunday. 4. Transportation: The parent receiving custody shall be responsible for providing transportation incident to the custodial exchange. 5. Neither party shall do or say anything which may estrange the children from the other parent, injure the opinion of the children as the other parent, or hamper the free and natural development of the children's love and respect for the other parent. Each parent shall ensure that third panties also comply with this provision during his or her periods of custody. 6. Holidays: A. Christmas: Christmas shall be shared on an AlB schedule. Segment A shall be from December 24th at Noon until 1 0:00 a.m. Christmas Day. Segment B shall be from Christmas Day at 10:00 a.m. until December 26th at 8:00 p.m. In even- numbered years, Father shall have Segment A and Mother shall have Segment B. In odd-numbered years, Mother shall have Segment A and Father have Segment B. B. The parties shall share the other holidays as they may mutually agree. 7. Vacation: Each parent shall be entitled to one (1) week of uninterrupted Summer vacation each year to commence with the Friday of their custodial weekend period. Each parent shall provide at least thirty (30) days notice to the other parent ofthe vacation time chosen. In the event that there is conflict in the vacation schedule, the parent first providing written notice to the other party shall be entitled to the choice of the vacation schedule. "' ,.~ - -,~-,,- - f<i' 8. Counsel shall review with their clients their obligations under the Order and the proper procedure to follow in the event that there is a perception of need for change in the Order. SIGNED: DATED: JOS M. J ~{l8t2-- ~ KATHE COOK-KNOBLE It J (j~ I D 3 { , --40~ (03 ;',"' a<'lIiIliI'"~'" "",-, ! I I !Ill II . ~ ~". 0., ~ ' ~ ~ ~ ~ , ,,=,; - Me, 1i ,~, .'_" U.' -~"., - ~. ",,"'-'~""-:i.)',-C;,~.d'>;';.' -;' ". , ~ '--'u o c ~G0 (!) . ~-~- ~ " C) ~~ -<: ,..., C~ =:> '-" c:> "'1 CJ o .1 :i!-n nl- r- -om :o? ~O II. "?~ tsrn ~ =< Ul :s (-::) CJ _i " 'I ! II ~ \' -,~"-,,~-- -.' ~ "---- '"~ ~-- ~ '1&-"":> ~. JOSEPH M. KNOBLE, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Pla.inti1I: v. : NO: 00-6296 CIVIL TERM : CIVIL ACTION - LAW KATHERINE COOK-KNOBLE, : IN CUSTODY Defendant. PRE- TRIAL STATEMENT ON BEHAI,F OF PLAINTIFF I. The issue on October 21,2004, is the father's petition for contempt. 2. Witnesses will be father, and father's current live-in paramour. 3. The issue to be presented is whether or not the mother is withholding the son because of an alleged incident involving the son soiling himself constitutes contempt. Respectfully submitted, Mancke, Wagner & Spreha agner, Esquire J.D. #23103 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 Attorneys for Plaintiff Date: /6/'10</ f =~,=-="- .........~ -__~I~~~i'J_"-": .- ' CERTIFICATE OF SERVICE I, Debra K. Spinner, Secretary in the law firm of MANCKE, WAGNER, and SPREHA, do hereby certify that I am this day serving a copy of the foregoing document to the following persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing the same in the United States Mail, Harrisburg, Pennsylvania, with first class postage, prepaid, and addressed as follows: Lawrence J. Rosen, Esquire 1101 North Front Street Harrisburg, PA 17102~3324 By ,~C)( ~(~ Debra K. Spinne , Secretary MANCKE, WAGNER, & SPREHA 2233 North Front Street Harrisburg, PA 17110 P. Richard Wagner, Esquire Attorneys for Plaintiff DATE: 1~111 ()Lf I ~~~Bl~41~~S!ii~"" "~~",w,,"'~~It-i('AA~,,,~k4~~<;;,>~:"l: J]lilln _li-'.'- ~~ -A?,Wt\ii):,'ilil~~~i~",;;;,~~~~~mft2.~.~~~~-"~>!w"MHllir,j~-~,,,,,,,,, . .... ~ ~J '" (':::;) C' C.:r .' ~;,..~ -"'" --'II "'">" 0 (--;-; -., C"'" , -C C .." ....-:::.. -< C::'I '-.Cl <1-' i. 'M ~ JOSEPH M. KNOBLE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. KATHERINE COOK-KNOBLE, Defendant CIVIL ACTION - LAW NO. 00-6296 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this 21st day of October, 2004, upon consideration of Plaintiff's petition for contempt in the above-captioned matter, with respect to the parties' son, Andrew, and following a proceeding in court at which the parties had agreed as to many matters and disagreed as to others, it is ordered and directed as follows: 1. The Defendant, Katherine Cook-Knoble, is adjudicated in contempt. The condition of purge with respect to this adjudication is that the Defendant hereafter, without fail and in all respects, comply with the operative custody orders in this case. 2. The custody orders presently in effect are amended to provide and direct that the parties engage in family counseling with Deb Salem of InterWorks in Harrisburg, Pennsylvania, with the costs related to said counseling to be shared equally by the parties. For the first counseling sessions, the parents alone shall participate without Andrew's presence; for the second session, Andrew shall be present with the counselor alone, and the parents shall not be in the room with the counselor and Andrew; for sessions thereafter, the counselor shall determine the protocol to be followed for counseling sessions. The said counseling sessions shall occur at least once each month, unless otherwise recommended by the counselor, and the first two sessions shall occur within a one-month period. ,;J ., ,., u"' ,.,,,.,, , 'Y" RLED-OfflCE OF T' ,F ~""-, "", ''-'T'~Y l""j'- ~,'l--t; I' ;-<-_1 ,h_j, I ,..H ., ,l.-. , "~ _, ,~,j .'-, ,\.I, ~r,nl 0"'" ',- LGUY q~ I ~: I "" , ~ I I'i'l p.j "_"r. '."'C-";,,/' _ -", _ - - !JJJR~<,~, _ _~~.~_' ,\_Ii] , J ,.. .'~'~,'" ,. '" ~> ' ""'= - ",~--~ '. By the Court, J. li/~ vIf.Richard Wagner, Esquire 2233 North Front Street Harrisburg, PA 17110 For the Plaintiff ~wrence J. Rosen, Esquire 1101 North Front Street Harrisburg, PA 17102-3324 For the Defendant pcb \D'~ lI:iiiilJ!t-"-'_ oiL Jr., J.