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HomeMy WebLinkAbout03-1840JAMES PAUL BRANOFF, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 03- + g o CIVIL TERM SHANNYN SNELL, Defendant CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff, James Paul Branoff, currently resides at 135 East Dauphin Street, Enola, Cumberland County, Pennsylvania. 2. The Defendant, Shannyn Snell, currently resides at 661 South 82nd Street, Apt. 8, Harrisburg, Dauphin County, Pennsylvania. 3. The plaintiff seeks custody of the following children: Name Present Residence Date of Birth James Branoff 135 East Dauphin Street 09/27/2000 Enola, PA 17025 Alex Branoff 135 East Dauphin Street 07/22/1998 Enola, PA 17025 Blake Snell 135 East Dauphin Street 07/29/1996 Enola, PA 17025 The children were born out of wedlock. The children are presently in the custody of the plaintiff at the above address. 2 During the past five years, the James and Alex Branoff have resided with the following persons and at the following addresses: Name Address Date James Paul Branoff Shannyn Snell James Paul Branoff During the past five years, Blake Snell has resided with Shannyn Snell and either her boyfriend, Cleveland Marsh or his sister, Michelle Marsh, at three different residences in Dover, PA, 2 different residences in Harrisburg, PA and one residence in New Cumberland, PA. The dates when the defendant moved are unknown to the plaintiff. 135 East Dauphin Street Enola, PA 17025 135 East Dauphin Street Enola, PA 17025 1999 - 2001 July 2001- Present Since September 2002, Blake Snell has resided with the following persons and at the following addresses: Name Address Date James Paul Branoff James Branoff Alex Branoff 135 East Dauphin Street Enola, PA 17025 September 2002 - Present The mother of the children is Shannyne Snell, currently residing at 661 South 82nd Street, Apt.8, Harrisburg, Dauphin County, Pennsylvania. She is single. The father of the children is James Paul Branoff, currently residing at 135 East Dauphin Street, Enola, PA 17025. He is single. 4. The relationship of plaintiff to the James and Alex Branoff is that of father. The plaintiff has acted in place of the father for Blake Snell since he was about 9 or 10 months old, and has provided solely for Blake since September 2002. 3 The plaintiff currently resides with: Name Relationship James Branoff Son Alex Branoff Son Blake Snell "Step-son" 5. The relationship of defendant to the child is that of mother. The defendant currently resides with the following persons: Name Relationship Cleveland Marsh Boyfriend Michelle Marsh Boyfriend's sister Michelle Marsh's 3 children 6. The plaintiff has not participated as a party or witness, or in another capacity, concerning the custody of the children in this or another court. in other 7. The plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 8. Plaintiff does not know of a person not a party to the proceeding who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 9. The best interest and permanent welfare of the children will be served by granting the relief requested for reasons including, but not limited, to the following: a) The father has provided for James and Alex Branoff since birth, and has been their sole caretaker since July 2001 when the mother left the residence where the parties had resided. The father has acted in loco parentis for Blake Snell since he was 9 or 10 months old, and has been his sole caretaker since September 2002. The father is the person who can best provide for the emotional, physical and education needs of all the children, including a stable environment. b) The mother has not acted in the best interest of the children for reasons including the following: 4 i. The mother is unstable and unable to care for the children. In the past two years, the mother has moved approximately 6 times, and has placed Blake Snell in about 3 different schools. ii. In September 2002, the mother placed Blake in the care of the father after Children & Youth Services became involved because of the mother's inappropriate care of the child. Prior to this time, Blake had been kept from his half-siblings since July 2001. iii. From July 2001 until December 2001, the mother failed to contact James and Alex who she left in the custody of their father. The mother visited James and Alex only sporadically and for short periods of time. iv. On or about March 30, 2003, the mother, without informing the father, picked up the children from the babysitter, removed them from their home, and refused to return them to the father or allow him contact with the children for nine (9) days. During this time, the mother kept the children from school for two (2) days. On April 7, 2003, the mother returned the children to the father stating that she had no transportation to get the children to and from school. 8. Each parent whose parental rights to the child have not been terminated and the persons who have physical custody of the child have been named as parties to this action. WHEREFORE, the plaintiff requests this Court to grant him primary physical and legal custody of the children. Plaintiff further requests any other relief that is just and proper. Respectfully submitted, Jb,a n Carey Attorney for Plaintiff Mid Penn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 5 VERIFICATION The above-named PLAINTIFF, James Paul Branoff, verifies that the statements made in the above Complaint For Custody are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: `7' 18 - 0 J_ & /Ja-esPatul Branoff 7 JAMES PAUL BRANOFF, Plaintiff SHANNYN SNELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03- CIVIL TERM CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, James Paul Branoff, Plaintiff, to proceed in forma au eris. I, Joan Carey, attorney for the party proceeding in forma au eris, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. Joan Carey Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 6 JAMES PAUL BRANOFF IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. SHANNYN SNELL • 03-1840 CIVIL ACTION LAW DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, April 25, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, May 20, 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 directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By. /s/ _Wqueline M Very ey,Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 1701.3 Telephone (717) 249-3166 lm? 4?7 MNIVASNIN3d Azinm i E :C iI'd b? 8dv CO Ca6? ?i A MAY 2 0 2003 W JAMES PAUL BRANOFF, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-1840 CIVIL TERM : CIVIL ACTION - LAW SHANNYN SNELL, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this a?- day of M V , 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, James Paul Branoff, and the Mother, Shannyn Snell, shall have shared legal custody of James Branoff, born September 27, 2000, Alex Branoff, born July 22, 1998 and Blake Snell, July 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. 2. Father shall have primary physical custody of the children. 3. Mother shall have periods of partial physical custody of the children as the parties agree. 4. Neither party shall relocate the children outside of the jurisdiction without prior Order of Court. 5. Both parties shall keep each other advised of their current address and telephone number. 6. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: Joan Carey, Esquire - Counsel for Father Shannyn Snell, 661 South 82"d Street Apt 8, Harrisburg, PA 17111 J. Gdpc.ca .?v+-u.?-LLa?-- /? a?_ o3 VINVA14NN3d i Z *01 ?Z AV w0 A JAMES PAUL BRANOFF, Plaintiff V. SHANNYN SNELL, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :2003-1840 CIVIL TERM : CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF James Branoff September 27, 2000 Father Alex Branoff July 22, 1998 Father Blake Snell July 29, 1996 Father 2. A Conciliation Conference was held in this matter on May 20, 2003. Father, James Paul Branoff, was present with counsel, Joan Carey, Esquire, Mid Penn Legal Services. Mother did not appear although she was aware of the conference. 3. Father requested the entry of an Order in the form as attached. 2 ?aa-o3 Date ?h. C4? - cqu ine M. Verney, Esquire Custody Conciliator MICHAEL WINE, Plaintiff, (Petitioner)? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA vs. JAMES PAUL BRANOFF, Plaintiff. NO. 03-1840 vs. SHANNYN SNELL, Defendant. CIVIL ACTION LAW IN CUSTODY N O T I C E TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. 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 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQUIRE ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (beam@kopelaw.com MICHAEL WINE, Plaintiff, Attorney for Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA vs. JAMES PAUL BRANOFF, Plaintiff. NO. 03-1840 vs. SHANNYN SNELL, Defendant. CIVIL ACTION LAW IN CUSTODY PETITION TO TERMINATE RIGHTS OF JAMES PAUL BRANOFF AND PETITION TO MODIFY CUSTODY ORDER AND NOW comes Petitioner/Plaintiff Michael Wine by and through his attorney Lesley J. Beam, Esq., and requests the court terminate the rights of James Paul Branoff as to the minor child Blake Snell, born July 29, 1995, and modify the custody order as to said child as follows: 1. The Petitioner/Plaintiff is Michael Wine, currently residing at 801 Linden Avenue, 2nd Floor, York, York County, Pennsylvania, 17404. 2. The initial Plaintiff is James Paul Branoff, currently residing at 135 East Dauphin Street, Enola, Cumberland County, Pennsylvania, 17025. 3. The Defendant is Shannyn Snell, of various residences, believed to be currently residing with her mother at 313 7th Street, New Cumberland, Cumberland County, Pennsylvania, 17070. 4. In April of 2003, James Paul Branoff (hereinafter "Branoff") filed for custody of three children, James and Alex Branoff, Branoff s biological children, and the aforementioned Blake Snell, the biological child of his former paramour Defendant Shannyn Snell (hereinafter "Defendant") and this Petitioner/Plaintiff Michael Wine (hereinafter "Petitioner"). See attached Custody Complaint, Exhibit "A". A. Terminate Rights of James Paul Branoff to the Child 5. Petitioner incorporates paragraphs one (1) through four (4) above by reference, as though fully set forth at length herein. 6. Despite Branoff's assertion that "[e]ach parent whose parental rights to the child have not been terminated and the persons who have physical custody of the child have been named as parties to this action", Branoff did not name Petitioner as a party to the action. 7. Petitioner is the biological father of Blake Snell (hereinafter the "Child") His parental rights to the Child have never been terminated by this or any other court. 8. Not only was Petitioner not named as a party to the action, but Petitioner was never given notice of the action nor the Order which resulted. 9. An Order of Court was entered by this Honorable Court on May 22, 2003, wherein Branoff was granted (apart from custody rights over his biological children) shared legal custody and primary physical custody of the Child. Mother was granted partial physical custody of the children only by agreement of the parties. See attached Order marked Exhibit "B". 10. Although Petitioner received visits with the Child and maintained involvement in the Child's life through Defendant, Petitioner was not informed about the Order, nor was Petitioner informed that the Child was primarily residing with a man not his father, i.e., Branoff. Defendant would retrieve the Child from Branoffs care and deliver him to Petitioner for visits, but never informed Petitioner that the Child was not living with her, as was believed. 11. In early 2004, Petitioner learned from Branoff that the Child was residing with Branoff in his home. As a result of this discussion, Branoff agreed to relinquish custody of the Child to Petitioner. From that point until the end of the school year, Petitioner took physical custody of the Child every weekend, from Friday to Sunday. On the last day of said school year, the Child began residing primarily with Petitioner. 12. Thus, from June of 2004 until present, the Child has been residing primarily with Petitioner and his fiance, 13. Petitioner has been a presence in the Child's life from birth, has provided financial support, and has developed a loving and constant relationship with Child since Child has been in his home. 14. Branoff, despite his involvement in the Child's life, is not the Child's biological father, and achieved his custody of said Child by failing to notify Petitioner or name Petitioner as a party to the action. WHEREFORE, Petitioner respectfully requests this Honorable Court to terminate any and all rights of James Paul Branoff to the Child as may have been established by the previous Order. B. Modify the Custody Order 15. Petitioner incorporates paragraphs one (1) through fourteen (14) above by reference, as though fully set forth at length herein. 16. As seen in the attached Order at Exhibit "B", an Order of Court was entered by this Honorable Court on May 22, 2003, wherein Branoff was granted shared legal custody and primary physical custody of the Child, as well as his two biological children, James and Alex Branoff. Mother was granted partial physical custody of the children only by agreement of the parties. 17. Petitioner seeks to have a modified, separate Order entered as to the custody of the Child Blake, not disturbing the custody Order as it pertains to James and Alex Branoff, the aforementioned biological children of Branoff. 18. As mentioned above, Petitioner seeks to modify the current Order of Court so that he has primary physical and shared legal custody of the following child. NAME PRESENT RESIDENCE AGE DATE OF BIRTH Blake Snell 801 Linden Avenue, 2d Fl. 11 years July 29, 1995 York, PA 19. The Child was born out of wedlock to Defendant and Petitioner. 20. The Child is presently residing primarily with Petitioner. 21. During the past five years, the Child has resided with the following persons and at the following addresses: PERSONS ADDRESSES DATES Michael Wine Dawn Bowman Austin Buhrman 801 Linden Avenue, 2d fl York, PA June 2004 - present James Paul Branoff James Branoff Alex Branoff 135 East Dauphin Street Enola, PA Sept. 2002-June 2004 Prior to September 2002, it is believed and therefore averred that the Child resided with Defendant and either her then-boyfriend Cleveland Marsh, or his sister, Michelle Marsh, at three different residences in Dover, PA, 2 different residences in Harrisburg, PA, and one residence in New Cumberland, PA. The precise dates of residence and precise addresses are unknown. 22. The mother of the Child is Shannyn Snell, the named Defendant, of various residences, believed to be currently residing with her mother at 313 7th Street, New Cumberland, Cumberland County, Pennsylvania, 17070. She is unmarried. 23. The father of the Child is Michael Wine, the named Petitioner and Plaintiff, currently residing at 801 Linden Avenue, 2d Floor, York, York County, Pennsylvania. He is engaged. 24. The relationship of Petitioner to the Child is that of Father. Petitioner currently resides with the following persons: NAME RELATIONSHIP Blake Snell Son Dawn Bowman Fiancee Austin Buhrman Fiancee's minor child 25. The relationship of Defendant to the Child is that of Mother. It is believed that Defendant currently resides with her mother, Kathy Snell. 26. Petitioner has not participated as a party in previous litigation concerning the custody of the Child, although as previously discussed, an Order was previously entered regarding custody of the Child. 27. Petitioner does not know of a person not a party to the proceedings that has physical custody of the Child or claims to have custody or visitation rights with respect to the Child. 28. Petitioner requests primary physical and shared legal custody of the Child. 29. Petitioner further requests that Defendant be court-ordered to participate in and complete an educational workshop or the like for parents of children with Asperger's Syndrome. 30. Petitioner requests that Defendant refrain from imbibing alcohol in any amount while in the presence of the Child or within twelve (12) hours of when Defendant will receive custody of the Child. 31. The best interest and permanent welfare of the Child will be served by granting relief as requested because: a. Defendant is an unstable parent incapable of providing a secure home environment. As demonstrated above, Defendant consistently moves from residence to residence. When the Child was in her care, the Child was moved through at least 3 different schools; b. Defendant placed the Child in the care of named Plaintiff Branoff in September 2002 when Children & Youth Services became involved due to Defendant's inappropriate care of the child. Defendant did not inform the Child's natural and biological father of the Child's whereabouts; c. The Child has been diagnosed with Asperger's Syndrome, and as such, needs a heightened degree of stability of environment, regularity of schedule, and constancy of care; d. Defendant has a lengthy history of alcohol abuse and a violent temper; e. Defendant has indicated that she no longer wishes to care for the Child, and would rather sit in jail than support her child financially; f. Petitioner has been exercising constant custody of the Child since he learned of the Child's whereabouts in 2004. Since June of 2004, Petitioner has had full custody of the Child; g. Since the Child has been in Petitioner's care, the Child's education level has risen drastically, the Child's health has improved, and the Child's behavior has become substantially less affected as per Asperger's Syndrome; h. Petitioner's fiancee is employed by the Corporate Division of Estee' Lauder, and performs her duties almost exclusively from their home. By working out of the home, Petitioner's fiancee is able to provide the constant care and contact needed for a child with Asperger's Syndrome; L Petitioner is able to provide a stable home and emotional environment for the Child. Petitioner and Petitioner's fiancee are fully equipped to offer assistance with nourishment and care; and j. Petitioner has the facilities to provide for the care, comfort and control of the Child, as well as the intention and desire to do so. 32. By granting the relief requested, the Child's living arrangements as per the last two and one/half (2 '/2) years will remain undisturbed and the Child will continue to flourish. 33. Each parent whose parental rights to the Child have not been terminated and the persons who have physical custody of the Child have been named as parties to this action. WHEREFORE, Petitioner respectfully requests that this Honorable Court remove the Child from the current Order and enter a separate Order per the Child alone. WHEREFORE, Petitioner respectfully requests that this Honorable Court grant the following relief in this separate Order: (a) Award Petitioner primary physical custody and shared legal custody of the Child; (b) Award Defendant partial physical custody of the Child by agreement of the parties; (c) Order Defendant to participate in and complete an educational workshop or the equivalent for parents of children with Asperger's Syndrome; and (d) Order Defendant to refrain from imbibing alcohol in any amount while in the presence of the Child or within twelve (12) hours of when Defendant will receive custody of the Child. Respectfully Submitted, KOPE & ASSQCIATES, LLC By: 7 Dated: c2 JAMES PAUL BRANOFF, Plaintiff SHANNYN SNELL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 03- g c.? o CIVIL TERM CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff, James Paul Branoff, currently resides at 135 East Dauphin Street, Enola, Cumberland County, Pennsylvania. 2. The Defendant, Shannyn Snell, currently resides at 661 South 82nd Street, Apt.8, Harrisburg, Dauphin County, Pennsylvania. 3. The plaintiff seeks custody of the following children: Name Present Residence Date of Birth James Branoff 135 East Dauphin Street 09/27/2000 Enola, PA 17025 Alex Branoff 135 East Dauphin Street 07/22/1998 Enola, PA 17025 Blake Snell 135 East Dauphin Street 07/29/1996 Enola, PA 17025 The children were born out of wedlock. The children are presently in the custody of the plaintiff at the above address. 2 EXHIBIT -A- During the past five years, the James and Alex Branoff have resided with the following persons and at the following addresses: Name Address Date James Paul Branoff Shannyn Snell James Paul Branoff 135 East Dauphin Street Enola, PA 17025 135 East Dauphin Street Enola, PA 17025 1999 - 2001 July 2001- Present During the past five years, Blake Snell has resided with Shannyn Snell and either her boyfriend, Cleveland Marsh or his sister, Michelle Marsh, at three different residences in Dover, PA, 2 different residences in Harrisburg, PA and one residence in New Cumberland, PA. The dates when the defendant moved are unknown to the plaintiff. Since September 2002, Blake Snell has resided with the following persons and at the following addresses: Name Address Date James Paul Branoff 135 East Dauphin Street September 2002 - James Branoff Enola, PA 17025 Present Alex Branoff The mother of the children is Shannyne Snell, currently residing at 661 South 82"d Street, Apt.8, Harrisburg, Dauphin County, Pennsylvania. She is single. The father of the children is James Paul Branoff, currently residing at 135 East Dauphin Street, Enola, PA 17025. He is single. 4. The relationship of plaintiff to the James and Alex Branoff is that of father. The plaintiff has acted in place of the father for Blake Snell since he was about 9 or 10 months old, and has provided solely for Blake since September 2002. The plaintiff currently resides with: Name Relationship James Branoff Son Alex Branoff Son Blake Snell "Step-son" 5. The relationship of defendant to the child is that of mother. The defendant currently resides with the following persons: Name Relationship Cleveland Marsh Boyfriend Michelle Marsh Boyfriend's sister Michelle Marsh's 3 children 6. The plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 7. The plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 8. Plaintiff does not know of a person not a party to the proceeding who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 9. The best interest and permanent welfare of the children will be served by granting the relief requested for reasons including, but not limited, to the following: a) The father has provided for James and Alex Branoff since birth, and has been their sole caretaker since July 2001 when the mother left the residence where the parties had resided The father has acted in loco parentis for Blake Snell since he was 9 or 10 months old, and has been his sole caretaker since September 2002. The father is the person who can best provide for the emotional, physical and education needs of all the children, including a stable environment. b) The mother has not acted in the best interest of the children for reasons including the following: 4 i. The mother is unstable and unable to care for the children. In the past two years, the mother has moved approximately 6 times, and has placed Blake Snell in about 3 different schools. ii. In September 2002, the mother placed Blake in the care of the father after Children & Youth Services became involved because of the mother's inappropriate care of the child. Prior to this time, Blake had been kept from his half-siblings since July 2001. iii. From July 2001 until December 2001, the mother failed to contact James and Alex who she left in the custody of their father. The mother visited James and Alex only sporadically and for short periods of time. iv. On or about March 30, 2003, the mother, without informing the father, picked up the children from the babysitter, removed them from their home, and refused to return them to the father or allow him contact with the children for nine (9) days. During this time, the mother kept the children from school for two (2) days. On April 7, 2003, the mother returned the children to the father stating that she had no transportation to get the children to and from school. 8. Each parent whose parental rights to the child have not been terminated and the persons who have physical custody of the child have been named as parties to this action. WHEREFORE, the plaintiff requests this Court to grant him primary physical and legal custody of the children. Plaintiff further requests any other relief that is just and proper. Respectfully submitted, Uoann Carey Attorney for Plaintiff Mid Penn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 5 VERIFICATION The above-named PLAINTIFF, James Paul Branoff, verifies that the statements made in the above Complaint For Custody are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unworn falsification to authorities. Date: L O t0. James Paul Branoff 7 JAMES PAUL BRANOFF, Plaintiff SHANNYN SNELL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO.03- N-40 CIVIL TERM CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, James Paul Branoff, Plaintiff, to proceed in forma ap uperis. I, Joan Carey, attorney for the party proceeding in forma au ris, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. Joan Carey Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 6 A MAY 2 0 2003 W JAMES PAUL BRANOFF, Plaintiff V. SHANNYN SHELL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003-1840 CIVIL TERM : CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this ??- day of M'- , 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, James Paul Branoff, and the Mother, Shannyn Snell, shall have shared legal custody of James Branoff, born September 27, 2000, Alex Branoff, bom July 22, 1998 and Blake Snell, July 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. 2. Father shall have primary physical custody of the children. 3. Mother shall have periods of partial physical custody of the children as the parties agree. 4. Neither parry shall relocate the children outside of the jurisdiction without prior Order of Court. 5. Both parties shall keep each other advised of their current address and telephone number. 6. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: Joan Carey, Esquire - Counsel for Father Shannyn Snell, 661 South 82nd Street Apt 8, Harrisburg, PA 17111 ? EXHISM J. .G,etc.cc .?v?,a?-?.-lug--- !,f a?. 0,3 Dec 30-06-02:39a_ Dawn_ Bowman 7178542620 , .. P • ??, ?y 1 VERIFICATION 1, Michael Wine, the Petitioner in this matter, have read the foregoing Petition to Terminate the Rights of James Paul Branoff and Petition to Modify the Custody order. I verify that my averments in this Petition are true and correct and based upon my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S. 49M relating to unsworn falsifications to authorities. Dated: •x - 30 - t%c- ????- Michael Wine CERTIFICATE OF SERVICE I, Lesley J. Beam, Esquire, hereby certify that on January 2, 2007, 1 served a copy of the within Petition by depositing the same in the United States Mail, first class, postage prepaid in Camp Hill, Pennsylvania, addressed to the following individuals at the following addresses: James Paul Branoff 135 E. Dauphin Street Enola, PA 17025 Shannyn Snell 3137 th Street New Cumberland, PA 17070 Respectfully Submitted, KOPE & ASSOCIATES, LLC Lesre ?eam, Esquire 466 rindle Road Suite 201 Camp Hill, PA 17011 (717) 761-7573 rr ,? t r?O MICHAEL WINE, JAMES PAUL BRANOFF IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. SHANNYN SNELL DEFENDANT 03-1840 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Monday, January 08, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, February 08, 2007 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR. THE COURT. By: /s/ Jacqueline M. Verney, Esq. a„r-1 Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 r/ 4,4-?,?kw -v- ?w? ?k - / AV/ *P -o-, /vivw 4(v --,Yv 4 a -? - ? it. c,0 .C NJ 6- NVr LOOZ A8ViQNQ"i-il0ed 3jH.I JO KU40?DIIJ KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQUIRE ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (beam@kopelaw.com MICHAEL WINE, Plaintiff, vs. JAMES PAUL BRANOFF, Plaintiff. vs. SHANNYN SNELL, Defendant. Attorney for Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 03-1840 CIVIL ACTION LAW IN CUSTODY PETITION TO ADD MICHAEL WINE AS PLAINTIFF IN CAPTION AND NOW comes Petitioner Michael Wine by and through his attorney Lesley J. Beam, Esq., and requests the court permit the addition of his name to the caption in this custody matter for the following reasons: 1. The Petitioner is Michael Wine, currently residing at 801 Linden Avenue, 2nd Floor, York, York County, Pennsylvania, 17404. 2. The initial Plaintiff is James Paul Branoff, currently residing at 135 East Dauphin Street, Enola, Cumberland County, Pennsylvania, 17025. 3. The Defendant is Shannyn Snell, of various residences, believed to be currently residing with her mother at 313 7t" Street, New Cumberland, Cumberland County, Pennsylvania, 17070. 4. In April of 2003, James Paul Branoff (hereinafter "Branoff') filed for custody of three children, James and Alex Branoff, Branoffs biological children, and the minor child Blake Snell, born July 29, 1995, the biological child of Branoffs former paramour Defendant Shannyn Snell (hereinafter "Defendant") and this Petitioner Michael Wine (hereinafter "Petitioner"). See attached Custody Complaint, Exhibit "A". 5. Despite Branoffs assertion in said Complaint that "[e]ach parent whose parental rights to the child have not been terminated and the persons who have physical custody of the child have been named as parties to this action", Branoff did not name Petitioner as a party to the action. 6. Petitioner is the biological father of Blake Snell (hereinafter the "Child"). His parental rights to the Child have never been terminated by this or any other court. 7. Not only was Petitioner not named as a party to the action, but Petitioner was never given notice of the action nor the Order which resulted. 8. An Order of Court was entered by this Honorable Court on May 22, 2003, wherein Branoff was granted (apart from custody rights over his biological children) shared legal custody and primary physical custody of the Child. Mother was granted partial physical custody of the children only by agreement of the parties. See attached Order marked Exhibit "B". 9. Although Petitioner received visits with the Child and maintained involvement in the Child's life through Defendant, Petitioner was not informed about the Order, nor was Petitioner informed that the Child was primarily residing with a man not his father, i.e., Branoff. Defendant, the Child's mother, would retrieve the Child from Branoff's care and deliver him to Petitioner for visits, but never informed Petitioner that the Child was not living with her, as was believed. 10. In early 2004, Petitioner learned from Branoff that the Child was residing with Branoff in his home. As a result of this discussion, Branoff agreed to relinquish custody of the Child to Petitioner. From that point until the end of the school year, Petitioner took physical custody of the Child every weekend, from Friday to Sunday. On the last day of said school year, the Child began residing primarily with Petitioner. 11. Thus, from June of 2004 until present, the Child has been residing primarily with Petitioner and his fiance. 12. Branoff, despite his involvement in the Child's life, is not the Child's biological father, and achieved his custody of said Child by failing to notify Petitioner or name Petitioner as a party to the action. 13. Petitioner has petitioned this court to terminate the custodial rights of Branoff as to the Child, and to modify the current custody order to give Petitioner full physical custody of the Child. 14. In said petition, Petitioner added his name to the caption as Plaintiff. At this juncture, however, Petitioner asks this Court to confirm and authorize this addition, thus preventing any confusion and complying with procedure. WHEREFORE, Petitioner respectfully requests this Honorable Court to alter the caption in this matter to include Petitioner as a named Plaintiff for all custody actions concerning Petitioner's biological child. Respectfully Submitted, KOPE & ASSOCIATES, LLC By: Dated: ?/ > 'Lesley J ; e , Esq. Jan 12 07 01:54a Dawn Bowman 7178542620 P.6 VERIFICATION 1, Michael Wine, the Petitioner in this matter, have read the foregoing Petition to Add Michael Wine as Plaintiff in Caption. I verify that my averments in this Petition are true and correct and based upon my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsifications to authorities. Dated: ! a - a -? '//- Michael Wine JAMES PAUL BRANOFF, Plaintiff SHANNYN SNELL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 03- g o CIVIL TERM CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff, James Paul Branoff, currently resides at 135 East Dauphin Street, Enola, Cumberland County, Pennsylvania. 2. The Defendant, Shannyn Snell, currently resides at 661 South 82nd Street, Apt.8, Harrisburg, Dauphin County, Pennsylvania. 3. The plaintiff seeks custody of the following children: Name Present Residence Date of Birth James Branoff 135 East Dauphin Street 09/27/2000 Enola, PA 17025 Alex Branoff 135 East Dauphin Street 07/22/1998 Enola, PA 17025 Blake Snell 135 East Dauphin Street 07/29/1996 Enola, PA 17025 The children were born out of wedlock. The children are presently in the custody of the plaintiff at the above address. 2 EXHIBIT c? Q to During the past five years, the James and Alex Branoff have resided with the following persons and at the following addresses: Name Address Date James Paul Branoff Shannyn Snell James Paul Branoff 135 East Dauphin Street Enola, PA 17025 135 East Dauphin Street Enola, PA 17025 1999 - 2001 July 2001- Present During the past five years, Blake Snell has resided with Shannyn Snell and either her boyfriend, Cleveland Marsh or his sister, Michelle Marsh, at three different residences in Dover, PA, 2 different residences in Harrisburg, PA and one residence in New Cumberland, PA. The dates when the defendant moved are unknown to the plaintiff. Since September 2002, Blake Snell has resided with the following persons and at the following addresses: Name Address Date James Paul Branoff 135 East Dauphin Street September 2002 - James Branoff Enola, PA 17025 Present Alex Branoff The mother of the children is Shannyne Snell, currently residing at 661 South 82nd Street, Apt.8, Harrisburg, Dauphin County, Pennsylvania. She is single. The father of the children is James Paul Branoff, currently residing at 135 East Dauphin Street, Enola, PA 17025. He is single. 4. The relationship of plaintiff to the James and Alex Branoff is that of father. The plaintiff has acted in place of the father for Blake Snell since he was about 9 or 10 months old, and has provided solely for Blake since September 2002. 3 The plaintiff currently resides with: Name Relationship James Branoff Son Alex Branoff Son Blake Snell "Step-son" 5. The relationship of defendant to the child is that of mother. The defendant currently resides with the following persons: Name Relationship Cleveland Marsh Boyfriend Michelle Marsh Boyfriend's sister Michelle Marsh's 3 children 6. The plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 7. The plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 8. Plaintiff does not know of a person not a party to the proceeding who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 9. The best interest and permanent welfare of the children will be served by granting the relief requested for reasons including, but not limited, to the following: a) The father has provided for James and Alex Branoff since birth, and has been their sole caretaker since July 2001 when the mother left the residence where the parties had resided. The father has acted in loco parentis for Blake Snell since he was 9 or 10 months old, and has been his sole caretaker since September 2002. The father is the person who can best provide for the emotional, physical and education needs of all the children, including a stable environment. b) The mother has not acted in the best interest of the children for reasons including the following: 4 i. The mother is unstable and unable to care for the children. In the past two years, the mother has moved approximately 6 times, and has placed Blake Snell in about 3 different schools. ii. In September 2002, the mother placed Blake in the care of the father after Children & Youth Services became involved because of the mother's inappropriate care of the child. Prior to this time, Blake had been kept from his half-siblings since July 2001. iii. From July 2001 until December 2001, the mother failed to contact James and Alex who she left in the custody of their father. The mother visited James and Alex only sporadically and for short periods of time. iv. On or about March 30, 2003, the mother, without informing the father, picked up the children from the babysitter, removed them from their home, and refused to return them to the father or allow him contact with the children for nine (9) days. During this time, the mother kept the children from school for two (2) days. On April 7, 2003, the mother returned the children to the father stating that she had no transportation to get the children to and from school. 8. Each parent whose parental rights to the child have not been terminated and the persons who have physical custody of the child have been named as parties to this action. WEEREFORE, the plaintiff requests this Court to grant him primary physical and legal custody of the children. Plaintiff further requests any other relief that is just and proper. Respectfully submitted, oan Carey Attorney for Plaintiff Mid Penn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VERIFICATION The above-named PLAINTIFF, James Paul Branoff, verifies that the statements made in the above Complaint For Custody are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unworn falsification to authorities. Date: `'y ` / 4 `i 0 '_?; /?X P /J/am-es Paul Branoff JAMES PAUL BRANOFF, Plaintiff SHANNYN SNELL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO.03- o CIVIL TERM CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, James Paul Branoff, Plaintiff, to proceed in forma ap uperis. I, Joan Carey, attorney for the party proceeding in forma ap uperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. Joan Carey Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 6 A MAY z o 2003 W JAMES PAUL BRANOFF, Plaintiff V. SHANNYN SNELL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003-1840 CIVIL TERM : CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this aD aok day of MA7 , 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, James Paul Branoff, and the Mother, Shannyn Snell, shall have shared legal custody of James Branoff, born September 27, 2000, Alex Branoff, born July 22, 1998 and Blake Snell, July 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. 2. Father shall have primary physical custody of the children. 3. Mother shall have periods of partial physical custody of the children as the parties agree. 4. Neither party shall relocate the children outside of the jurisdiction without prior Order of Court. 5. Both parties shall keep each other advised of their current address and telephone number. 6. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: Joan Carey, Esquire - Counsel for Father Shannyn Snell, 661 South 82nd Street Apt 8, Harrisburg, PA 17111 J. .l . 0,3 ®? EXHIBIT CERTIFICATE OF SERVICE I, Lesley J. Beam, Esquire, hereby certify that on January 16, 2007, 1 served a copy of the within Petition to Add Michael Wine as Plaintiff in Caption by depositing the same in the United States Mail, first class, postage prepaid in Camp Hill, Pennsylvania, addressed to the following individuals at the following addresses: Nora F. Blair, Esquire 5440 Jonestown Road Harrisburg, PA 17112 James Paul Branoff 135 E. Dauphin Street Enola, PA 17025 Respectfully Submitted, KOPE & ASSOCIATES, LLC E / By; Lesley ?. Beam, Esquire 4666 Trindle Road Suite 201 Camp Hill, PA 17011 (717) 761-7573 ,?_-? -?? ??? .-•-4 ?- t MICHAEL WINE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JAMES PAUL BRANOFF NO. 2003 -1840 CIVIL TERM V. SHANNYN SNELL CIVIL ACTION -CUSTODY ORDER OF COURT AND NOW, this 22°a day of JANUARY, 2007, a Rule is issued upon all parties to Show Cause why the requested relief should not be granted. Rule returnable ten (10) days after service. the Court, Edward E. Guido, J. esley J. Beam, Esquire ora F. Blair, Esquire Aes Paul Branoff 135 E. Dauphin Street Enola, Pa. 17025 :sld tUZ JAMES PAUL BRANOFF, Plaintiff V. SHANNYN SNELL, Defendant :IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-1840 :CIVIL ACTION -- CUSTODY ANSWER TO PETITION TO ADD MICHAEL WINE AS PLAINTIFF IN CAPTION WITH NEW MATTER And now comes Kathleen Snell, by and through her attorney, Nora F.. Blair, Esquire, files this Answer to Petition to Add Michael Wine as Plaintiff in Caption with New Matter, and in support thereof avers as follows: 1. Admitted. 2. Admitted. 3. Denied. Defendant Shannyn Snell currently resides at 135 East Dauphin Street, Enola, Pennsylvania. 4. Admitted with clarification. The correct spelling of the child's name is Blayke Snell. 5. Admitted. 6. Admitted with clarification. The correct spelling of the child's name is Blayke Snell. 7. Admitted. Byway of further response, Petitioner Michael Wine had not had significant contact with the minor child at the time the Complaint for Custody was filed. 8. Admitted. 9. Admitted in part, denied in part. It is admitted that Petitioner Michael Wine had visits with the child however it is specifically denied that these visits were with sufficient frequency to support Petitioner's averment that he has "maintained involvement in the Child's life". To the contrary, Petitioner was not involved with Blayke until he was about six years of age. It is specifically denied that Petitioner did not know where the child was residing as Petitioner was informed of such by Plaintiff James Paul Branoff. 10. Admitted in part, denied in part. It is admitted that Petitioner learned from Plaintiff of the child's residence. It is denied that Plaintiff alone agreed to relinquish custody of the child to Petitioner. To the contrary, Petitioner discussed weekend visitation with Respondent Kathleen Snell as well as Plaintiff. It is denied that Petitioner enjoyed physical custody of the minor child every weekend for the latter half of the 2003-2004 school year. During most months, Petitioner enjoyed custody every other weekend. 11. Denied. It is specifically denied that the child has been residing primarily with Petitioner since June, 2004. To the contrary, Blayke did not begin to reside primarily with Petitioner until September, 2004. 12. Admitted in part, denied in part. It is admitted that Plaintiff is not the biological father of Blayke Snell. It is denied that Plaintiff achieved custody of the child by failing to notify Petitioner of the action or naming Petitioner as an interested party. To the contrary, Plaintiff James Paul IL Branoff had custody as a result of neither biological parent taking full responsibility for Blayke. Plaintiff filed a Complaint for Custody in which he referred to himself as the step-father of Blayke Snell. Subsequent to the filing of the Complaint, a Custody Conciliation was held. As a result of the conciliation, an Order of Court was entered giving Plaintiff primary physical custody. 13. Admitted. 14. Admitted in part. It is admitted that Petitioner added his name to the caption as Plaintiff. The remainder of the averment does not require an answer. NEW MATTER 15. Paragraphs one (1) through fourteen (14) are incorporated herein as though set forth below. 16. Kathleen Snell is an adult individual currently residing at 313 Seventh Street, New Cumberland, Cumberland County, Pennsylvania. 17. Kathleen Snell is the maternal grandmother of Blayke Snell. 18. Defendant Shannyn Snell and Blayke resided with Kathleen Snell from April 2001 until October 2001, during which time Kathleen Snell was one of the child's care givers. 19. On or about October 2001, Shannyn Snell moved out of the residence. Blayke continued to reside with Kathleen Snell from October 2001. until 'n June 2002, during which time Kathleen Snell was the child's primary care giver. 20. Kathleen Snell has acted in loco parentis to Blayke Snell. WHEREFORE, Respondent respectfully requests that Your Honorable Court modify the caption in this matter to include Kathleen Snell as a Defendant. DATED: `1 .=1 l Respectfully submitted, ra F. Blair Supreme Court ID #45513 5440 Jonestown Road Post Office Box 6216 Harrisburg, PA 17112-0216 (717) 541-1428 1 VERIFICATION I verify that the statement made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements therein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Dated: r . y JAMES PAULL BRANOFF, :IN THE COURT OF COMMON PLEAS, Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-1840 SHANNYN SNELL, : CIVIL ACTION -- CUSTODY Defendant CERTIFICATE OF SERVICE I hereby certify that I have this date served a copy of the Answer to Petition to Add Michael Wine as Plaintiff in Caption with New Matter on the persons in the manner stated belowwhich service satisfies the requirement of Pa.R.C.P. No. 440. SERVICE BY FIRST CLASS MAIL TO: Lesley J. Beam, Esquire 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 James Paul Branoff 135 East Dauphin Street Enola, PA 17025 Shannyn Snell 135 East Dauphin Street Enola, PA 17025 Date: January 29, 2007 Resp submitted, ora F. Blair JAMES PAUL BRANOFF, Plaintiff V. SHANNYN SNELL, Defendant :IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-1840 CIVIL ACTION -- CUSTODY ANSWER TO PETITION TO ADD MICHAEL WINE AS PLAINTIFF IN CAPTION WITH NEW MATTER And now comes Shannyn Snell, by and through her attorney, Nora F. Blair, Esquire, files this Answer to Petition to Add Michael Wine as Plaintiff in Caption with New Matter, and in support thereof avers as follows: 1. Admitted. 2. Admitted. 3. 4. Denied. Defendant Shannyn Snell currently resides at 135 East Dauphin Street, Enola, Pennsylvania. Admitted with clarification. The correct spelling of the child's name is Blayke Snell. 5. Admitted. 6. Admitted with clarification. The correct spelling of the child's name is Blayke Snell. 7. Admitted. Byway of further response, Petitioner Michael Wine had not had significant contact with the minor child at the time the Complaint for Custody was filed. 8. Admitted. 9. Admitted in part, denied in part. It is admitted that Petitioner Michael Wine had visits with the child however it is specifically denied that these visits were with sufficient frequency to support Petitioner's averment that he has "maintained involvement in the Child's life". To the contrary, Petitioner was not involved with Blayke until he was about six years of age. It is specifically denied that Petitioner did not know where the child was residing as Petitioner was informed of such by Plaintiff James Paul Branoff. 10. Admitted in part, denied in part. It is admitted that Petitioner learned from Plaintiff of the child's residence. It is denied that Plaintiff alone agreed to relinquish custody of the child to Petitioner. To the contrary, Petitioner discussed weekend visitation with Respondent Kathleen Snell as well as Plaintiff. It is denied that Petitioner enjoyed physical custody of the minor child every weekend for the latter half of the 2003-2004 school year. During most months, Petitioner enjoyed custody every other weekend. 11. Denied. It is specifically denied that the child has been residing primarily with Petitioner since June, 2004. To the contrary, Blayke did not begin to reside primarily with Petitioner until September, 2004. 12. Admitted in part, denied in part. It is admitted that Plaintiff is not the biological father of Blayke Snell. It is denied that Plaintiff achieved custody of the child by failing to notify Petitioner of the action or naming Petitioner as an interested party. To the contrary, Plaintiff James Paul Branoff had custody as a result of neither biological parent taking full responsibility for Blayke. Plaintiff filed a Complaint for Custody in which he referred to himself as the step-father of Blayke Snell. Subsequent to the filing of the Complaint, a Custody Conciliation was held. As a result of the conciliation, an Order of Court was entered giving Plaintiff primary physical custody. 13. Admitted. 14. Admitted in part. It is admitted that Petitioner added his name to the caption as Plaintiff. The remainder of the averment does not require an answer. NEW MATTER 15. Paragraphs one (1) through fourteen (14) are incorporated herein as though set forth below. 16. Kathleen Snell is an adult individual currently residing at 313 Seventh Street, New Cumberland, Cumberland County, Pennsylvania. 17. Kathleen Snell is the maternal grandmother of Blayke Snell. 18. Defendant Shannyn Snell and Blayke resided with Kathleen Snell from April 2001 until October 2001, during which time Kathleen Snell was one of the child's care givers. 19. On or about October 2001, Shannyn Snell moved out of the residence. Blayke continued to reside with Kathleen Snell from October 2001 until June 2002, during which time Kathleen Snell was the child's primary care giver. 20. Kathleen Snell has acted in loco parentis to Blayke Snell. WHEREFORE, Respondent respectfully requests that Your Honorable Court modify the caption in this matter to include Kathleen Snell as a Defendant. submitted, DATED: ?'. N a F. Blair Supreme Court ID #45513 5440 Jonestown Road Post Office Box 6216 Harrisburg, PA 17112-0216 (717) 541-1428 VERIFICATION I verify that the statement made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements therein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. 1 Dated: ? ? S - ? ' JAMES PAULL BRANOFF, :IN THE COURT OF COMMON PLEAS, Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-1840 SHANNYN SNELL, : CIVIL ACTION -- CUSTODY Defendant CERTIFICATE OF SERVICE I hereby certify that I have this date served a copy of the Answer to Petition to Add Michael Wine as Plaintiff in Caption with New Matter on the persons in the manner stated belowwhich service satisfies the requirement of Pa.R.C.P. No. 440. SERVICE BY FIRST CLASS MAIL TO: Lesley J. Beam, Esquire 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 James Paul Branoff 135 East Dauphin Street Enola, PA 17025 Date: February 5, 2007 Respectfully submitted, N F. Blair „,. ??° --, ? ??? ?? - _.s?; -?°? -:; ? f ?? ?? ;?j`S1 ? ? ? 4 JAN E 12007 <( JAMES PAUL BRANOFF, :IN THE COURT OF COMMON PLEAS, Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-1840 CIVIL TERM SHANNYN SNELL, : CIVIL ACTION -- CUSTODY Defendant ORDER OF COURT AND NOW, this i?f , 2007, a Rule is issued upon Michael Wine, James Paul Branoff, and Shannyn Snell to show cause why the relief requested in Respondent Kathleen Snell's Answer and New Matter should not be granted. RULE RETURNABLE RD DAYS AFTER SERVICE. the Court, J. Distribution: Leslie Beam, Esquire, 4660 Trindle Road, Suite 201, Camp Hill, PA 17011 Nora F. Blair, Esquire, 5440 Jonestown Road, P.O. Box 6216, Harrisburg, PA 17112 Shannyn Snell, 135 East Dauphin Street, Enola, PA 17025 James Paul Branoff, 135 East Dauphin Street, Enola, PA 17025 i I :yj (t t, FEB 0 7 2007,01 JAMES PAUL BRANOFF, :IN THE COURT OF COMMON PLEAS, Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-1840 CIVIL TERM SHANNYN SNELL, :CIVIL ACTION -- CUSTODY Defendant ORDER OF COURT AND NOW, this of , 2007, a Rule is issued upon Michael Wine, James Paul Branoff, and Shannyn Snell to show cause why the relief requested in Respondent Kathleen Snell's Answer and New Matter should not be granted. RULE RETURNABLE X DAYS AFTER SERVICE. By-the Court,) J. Distribution: Leslie Beam, Esquire, 4660 Trindle Road, Suite 201, Camp Hill, PA 17011 Nora F. Blair, Esquire, 5440 Jonestown Road, P.O. Box 6216, Harrisburg, PA 17112 d- o g -a 4 Shannyn Snell, 135 East Dauphin Street, Enola, PA 17025 t,7 0 Gi, i Z1 KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQUIRE ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (beam@kopelaw.com MICHAEL WINE, Plaintiff, Attorney for Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA vs. JAMES PAUL BRANOFF, Plaintiff. vs. SHANNYN SNELL, Defendant. NO. 03-1840 CIVIL ACTION LAW IN CUSTODY MOTION TO MAKE RULE ABSOLUTE AND ANSWER AND NEW MATTER TO KATHLEEN SNELL'S NEW MATTER AND ANSWER AND NEW MATTER TO SHANNYN SNELL'S NEW MATTER AND NOW, comes the Petitioner, Michael Wine, (hereinafter "Petitioner"), by and through his counsel, Lesley J. Beam, Esquire, and asserts the following Motion to Make Rule Absolute, Answer to Kathleen Snell's New Matter, and Answer to Shannyn Snell's New Matter: 1. Petitioner filed a Petition to Add Michael Wine as Plaintiff in Caption on January 17, 2007. A true and correct copy of said Petition is attached hereto as Exhibit A. I 2. In summary, Plaintiff James Paul Branoff filed a Complaint for Custody in 2003 under this action regarding the custody of three children. Two of these children are the offspring of Plaintiff Branoff and Defendant Shannyn Snell; the third child, Blake Snell, is the biological and natural son of Petitioner and Defendant Shannyn Snell. Petitioner, the biological father of Blake Snell, was never notified of the action nor named as a party to the action. As a result, Petitioner filed a Petition for Termination of Plaintiff James Paul Branoff's rights in regards to Petitioner's son, as well as Petition to Modify the Custody Order, filed on January 4, 2007. A true and correct copy of said Petition is attached hereto as Exhibit B. 3. Petitioner filed the petition to add his name to the caption in order to clarify his position as a party, and properly intervene in the matter. 4. Upon the Petition to Add Michael Wine as Plaintiff to Caption, the Honorable Judge Edward E. Guido issued a Rule to Show Cause on January 22, 2007 upon parties Shannyn Snell (through her attorney Nora F. Blair, Esquire) and James Paul Branoff, pro se. A true and correct copy of this Rule is attached hereto as Exhibit C. 5. In response to this Rule to Show Cause, Attorney Blair filed an Answer and New Matter on January 31, 2007, on behalf of Kathleen Snell, the grandmother of the child Blake Snell (hereinafter "the child") and an unnamed party in this action. A true and correct copy of this document is attached hereto as Exhibit D. 6. Attorney Blair was served the aforementioned Petitions and the Rule to Show Cause only because she purported to represent Shannyn Snell, the named Defendant in the action and the child's natural mother. Page 2 of 11 7. This Answer and New Matter (hereinafter First Answer and New Matter) raised minor points of dispute with the averments in the Petition, and contained a New Matter requesting the addition of Kathleen Snell's name to the caption. 8. Upon Kathleen Snell's filing of the First Answer and New Matter, the Honorable Judge Guido issued a second Rule to Show Cause on February 5, 2007. A true and correct copy of this Rule is attached hereto as Exhibit E. 9. When Petitioner's attorney, Attorney Beam, contacted Attorney Blair concerning Kathleen Snell"s lack of standing to file an Answer and New Matter to the Petition, Attorney Blair filed essentially the same Answer and New Matter, but purportedly on behalf of Shannyn Snell. Said document (hereinafter Second Answer and New Matter) was filed on February 6, 2007. A true and correct copy of this document is attached hereto as Exhibit F. 10. As this document was identical to the First Answer and New Matter but for the client on whose behalf it was brought, the Second Answer and New Matter again raised minor points of dispute with the averments in the Petition, and contained a New Matter requesting the addition of Kathleen Snell's name to the caption. 11. Upon the filing of the Second Answer and New Matter, purportedly on behalf of Shannyn Snell, the Honorable Judge Guido issued a third Rule to Show Cause on February 8, 2007. A true and correct copy of this Rule is attached hereto as Exhibit G. Motion to Make Rule Absolute 12. Paragraphs one (1) through eleven (11) above are incorporated by reference as if fully set forth herein. Page 3 of 11 13. In accordance with Rule 206.7(b) of the Pennsylvania Rules of Civil Procedure, Petitioner hereby moves this Honorable Court to grant the relief requested and add Michael Wine as a party in the caption. 14. Pursuant to Rule 1915.6 of the Pennsylvania Rules of Civil Procedure, as the child's natural and biological father, and as a party with physical de facto custody of the child, Petitioner is an indispensable party who shall be joined as a party to the above- referenced action. 15. Neither the First Answer and New Matter, nor the Second Answer and New Matter dispute that Petitioner is the father of the child in question, nor that the child is currently in Petitioner's care, custody and control. 16. In addition, neither the First Answer and New Matter, nor the Second Answer and New Matter dispute that Petitioner was not named as a party in 2003, nor that Petitioner was not notified of the action. 17. The points of contention in the First and Second Answer and New Matter include issues such as Defendant Shannyn Snell's address, the correct spelling of the child's name, and the extent of contact between Petitioner and child in his early years. 18. Specifically, Petitioner asserted in Paragraph 5 of the Petition that "[d]espite Branoff's assertion in [the Custody Complaint] that "[e]ach parent whose parental rights to the child have not been terminated and the persons who have physical custody of the child have been named as parties to this action", Branoff did not name Petitioner as party to the action." Both the First Answer and Second Answer admit this averment. Page 4 of 11 19. Petitioner asserted in Paragraph 6 of the Petition that "Petitioner is the biological father of Blake Snell. His parental rights to the Child have never been terminated by this or any other court." Both the First Answer and Second Answer admit this averment, with a clarification of the spelling of the child's name. 20. Petitioner asserted in Paragraph 7 of the Petition that "[n]ot only was Petitioner not named as a party to the action, but Petitioner was never given notice of the action nor the Order which resulted." Both the First Answer and Second Answer admit this averment. 21. Paragraph 11 of both the First and Second Answer, while disputing the month in which the child began residing primarily with Petitioner, admits that as of at least September 2004, the child has been residing primarily with Petitioner. 22. In sum, both the First Answer and New Matter, and Second Answer and New Matter admit that (1) Petitioner is the biological father of the child with parental rights; (2) Plaintiff Branoff did not name Petitioner as a party to the action; (3) Petitioner was not only never named as a party, but was never given notice of the action or the Order that resulted from said action; and (4) Petitioner has had primary physical custody of the child since, at the latest, September 2004. 23. As such, Petitioner hereby moves this Honorable Court to grant the relief requested and add Michael Wine as a party in the caption and to the action. Answer and New Matter to Kathleen Snell's New Matter (First New Matter) 24. Paragraphs one (1) through twenty-three (23) above are incorporated by reference as if fully set forth herein. Page 5 of 11 r J 25. As stated above, in response to this Rule to Show Cause, Attorney Blair filed an Answer and New Matter ("First Answer and New Matter") on January 31, 2007, on behalf of Kathleen Snell, the grandmother of the child and an unnamed party in this action. A true and correct copy of this document is attached hereto as Exhibit D. 26. As the within document contains a Motion to Make Rule Absolute, and Answers to both the First New Matter and Second New Matter, the following paragraphs are not numbered to correspond with each paragraph of the New Matter. As such, the following paragraphs will be identified within the text to indicate the paragraph of the New Matter to which it answers. Answer to First New Matter 27. Paragraph 15: No answer is required. Paragraphs one (1) through twenty-six (26) above are incorporated by reference as if fully set forth herein. 28. Paragraph 16: Admitted. 29. Paragraph 17: Admitted. 30. Paragraph 18: Denied. To the best of Petitioner's knowledge and/or information, the child was not residing with or at the home of Kathleen Snell during this period. To the contrary, school records indicate that the child was living in Dover school district during this period with Shannyn Snell and her then-paramour Cleveland Marsh. 31. Paragraph 19: Denied. To the best of Petitioner's knowledge and/or information, the child was not residing with or at the home of Kathleen Snell during this period. To the contrary, school records indicate that the child was living in Dover school district during this period with Shannyn Snell and her then-paramour Cleveland Marsh. Page 6 of 11 32. Paragraph 20: Denied. The allegation of Paragraph 20 of the First New Matter is a legal conclusion to which no answer is required. To the extent an answer may be appropriate, the allegation in this Paragraph is specifically denied and, to the contrary, Kathleen Snell has not acted in loco parentis to the child. New Matter 33. Paragraphs one (1) through thirty-one (31) above are incorporated by reference as if fully set forth herein. 34. Kathleen Snell's Answer and New Matter are not properly filed in this action. Kathleen Snell is not a named party; her attorney only had access to the Rule to Show Cause because Attorney Blair purported to represent Shannyn Snell and hence was named for service. 35. Furthermore, Kathleen Snell's New Matter to her Answer requested addition of her name to the Caption. According to Rule 1030 of the Rules of Civil Procedure, a party shall assert in New Matter all affirmative defenses (with enumerated exceptions) and any other material fact which is not merely a denial of the averments of a preceding pleading. 36. Not only is Kathleen Snell a non-party, who does not have standing to either deny the averments of record or raise a new matter at this time, but she is precluded by the Pennsylvania Rules of Civil Procedure from raising her own claims for relief in the New Matter of a pleading. Page 7 of 11 37. Kathleen Snell is neither a natural or adoptive parent, nor a person with physical custody of the child. Both of the child's parents are alive and legally capable of asserting custodial rights of the child. 38. Pursuant to Rules 1915.6(b) and/or 1915.16(b) of the Pennsylvania Rules of Procedure, should Kathleen Snell wish to intervene in the afore-mentioned matter, she is required by law to petition the Court for leave to intervene. 39. By filing said Answer and New Matter with no legal basis to do so, Kathleen Snell has forced Petitioner to incur additional attorney fees to defend baseless actions. It is Petitioner's belief that Attorney Nora Blair intentionally failed to petition to intervene on behalf of Kathleen Snell because she knew that Kathleen Snell lacked legal standing to do so. By introducing a petition for relief for non-party Kathleen Snell as New Matter, Attorney Blair attempted to achieve standing for her client through subversive means. WHEREFORE, Plaintiff Michael Wine respectfully request that non-party Kathleen Snell's Answer and New Matter be dismissed and reasonable attorney fees awarded. Answer and New Matter to Shannyn Snell's New Matter (Second New Matter) 40. Paragraphs one (1) through thirty-nine (39) above are incorporated by reference as if fully set forth herein. 41. As stated above, after Attorney Blair filed the First Answer and New Matter, Petitioner's attorney contacted Attorney Blair concerning Kathleen Snell"s lack of standing to file an Answer and New Matter to the Petition. Attorney Blair thus filed essentially the same Answer and New Matter, but purportedly on behalf of Shannyn Snell. Said document (hereinafter Second Answer and New Matter) was filed on Page 8 of 11 February 6, 2007. A true and correct copy of this document is attached hereto as Exhibit F. 42. As the within document contains a Motion to Make Rule Absolute, and Answers to both the First New Matter and Second New Matter, the following paragraphs are not numbered to correspond with each paragraph of the New Matter. As such, the following paragraphs will be identified within the text to indicate the paragraph of the New Matter to which it answers. Answer to Second New Matter 43. Paragraph 15: No answer is required. Paragraphs one (1) through forty-two (42) above are incorporated by reference as if fully set forth herein. 44. Paragraph 16: Admitted. 45. Paragraph 17: Admitted. 46. Paragraph 18: Denied. To the best of Petitioner's knowledge and/or information, the child was not residing with or at the home of Kathleen Snell during this period. To the contrary, school records indicate that the child was living in Dover school district during this period with Shannyn Snell and her then-paramour Cleveland Marsh. 47. Paragraph 19: Denied. To the best of Petitioner's knowledge and/or information, the child was not residing with or at the home of Kathleen Snell during this period. To the contrary, school records indicate that the child was living in Dover school district during this period with Shannyn Snell and her then-paramour Cleveland Marsh. 48. Paragraph 20: Denied. The allegation of Paragraph 20 of the First New Matter is a legal conclusion to which no answer is required. To the extent an answer may be Page 9 of 11 appropriate, the allegation in this Paragraph is specifically denied and, to the contrary, Kathleen Snell has not acted in loco parentis to the child. New Matter 49. Paragraphs one (1) through forty-eight (48) above are incorporated by reference as if fully set forth herein. 50. As in the Kathleen Snell's New Matter, Shannyn Snell's New Matter to her Answer requested addition of Kathleen Snell's name to the Caption. According to Rule 1030 of the Rules of Civil Procedure, a party shall assert in New Matter all affirmative defenses (with enumerated exceptions) and any other material fact which is not merely a denial of the averments of a preceding pleading. 51. Although Shannyn Snell is a named party who is permitted to file an Answer and New Matter, she is precluded by the Pennsylvania Rules of Civil Procedure from raising her own claims for relief in the New Matter of a pleading. 52. As previously stated, Kathleen Snell is neither a natural or adoptive parent, nor a person with physical custody of the child. Both of the child's parents are alive and legally capable of asserting custodial rights of the child. 53. Pursuant to Rules 1915.6(b) and/or 1915.16(b) of the Pennsylvania Rules of Procedure, should Kathleen Snell wish to intervene in the afore-mentioned matter, she herself is required by law to petition the Court for leave to intervene. 54. By filing said Answer and New Matter with no legal basis to do so, Kathleen Snell has forced Petitioner to incur additional attorney fees to defend baseless actions. It is Petitioner's belief that Attorney Nora Blair intentionally failed to petition to intervene Page 10 of 11 on behalf of Kathleen Snell because she knew that Kathleen Snell lacked legal standing to do so. By introducing a petition for relief for non-party Kathleen Snell as New Matter on behalf of her other purported client, Shannyn Snell, Attorney Blair attempted to achieve standing for her client through subversive means. WHEREFORE, Plaintiff Michael Wine respectfully request that Shannyn Snell's Answer and New Matter be dismissed and reasonable attorney fees awarded. KOPE AND ASSOCIATES, LLC ? 16a, 0 1 /. L y: Les y JBeam, Esq. Date: February 26, 2007 Page 11 of 11 KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQUIRE ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (beam@kopelaw.com Attorney for Petitioner MICHAEL WINE, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PA vs. JAMES PAUL BRANOFF, NO. 03-1840 Plaintiff. p vs. X SHANNYN SNELL, CIVIL ACTION Defendant. LAW IN CUSTODY=_- _ f , -TI zr_ rn PETITION TO ADD MICHAEL WINE AS PLAINTIFF IN CAPTION R C AND NOW comes Petition er Michael Wine by and through his attorney Lesley J. Beam, Esq., and requests the court permit the addition of his name to the caption in this custody matter for the following reasons: 1. The Petitioner is Michael Wine, currently residing at 801 Linden Avenue, 2"d Floor, York, York County, Pennsylvania, 17404. 2. The initial Plaintiff is James Paul Branoff, currently residing at 135 East Dauphin Street, Enola, Cumberland County, Pennsylvania, 17025. 3. The Defendant is Shannyn Snell, of various residences, believed to be currently residing with her mother at 313 7th Street, New Cumberland, Cumberland County, Pennsylvania, 17070. g EXHIBIT a 4. In April of 2003, James Paul Branoff (hereinafter "Branoff') filed for custody of three children, James and Alex Branoff, Branofrs biological children, and the minor child Blake Snell, born July 29, 1995, the biological child of Branoff s former paramour Defendant Shannyn Snell (hereinafter "Defendant) and this Petitioner Michael Wine (hereinafter "Petitioner"). See attached Custody Complaint, Exhibit "A". 5. Despite Branoff s assertion in said Complaint that "[e]ach parent whose parental rights to the child have not been terminated and the persons who have physical custody of the child have been named as parties to this action", Branoff did not name Petitioner as a party to the action. 6. Petitioner is the biological father of Blake Snell (hereinafter the "Child"). His parental rights to the Child have never been terminated by this or any other court. 7. Not only was Petitioner not named as a party to the action, but Petitioner was never given notice of the action nor the Order which resulted. 8. An Order of Court was entered by this Honorable Court on May 22, 2003, wherein Branoff was granted (apart from custody rights over his biological children) shared legal custody and primary physical custody of the Child. Mother was granted partial physical custody of the children only by agreement of the parties. See attached Order marked Exhibit "B". 9. Although Petitioner received visits with the Child and maintained involvement in the Child's life through Defendant, Petitioner was not informed about the Order, nor was Petitioner informed that the Child was primarily residing with a man not his father, i.e., Branoff. Defendant, the Child's mother, would retrieve the Child from Branoffs care and deliver him to Petitioner for visits, but never informed Petitioner that the Child was not living with her, as was believed. 10. In early 2004, Petitioner learned from Branoff that the Child was residing with Branoff in his home. As a result of this discussion, Branoff agreed to relinquish custody of the Child to Petitioner. From that point until the end of the school year, Petitioner took physical custody of the Child every weekend, from Friday to Sunday. On the last day of said school year, the Child began residing primarily with Petitioner. 11. Thus, from June of 2004 until present, the Child has been residing primarily with Petitioner and his fiance. 12. Branoff, despite his involvement in the Child's life, is not the Child's biological father, and achieved his custody of said Child by failing to notify Petitioner or name Petitioner as a party to the action. 13. Petitioner has petitioned this court to terminate the custodial rights of Branoff as to the Child, and to modify the current custody order to give Petitioner full physical custody of the Child. 14. In said petition, Petitioner added his name to the caption as Plaintiff. At this juncture, however, Petitioner asks this Court to confirm and authorize this addition, thus preventing any confusion and complying with procedure. WHEREFORE, Petitioner respectfully requests this Honorable Court to alter the caption in this matter to include Petitioner as a named Plaintiff for all custody actions concerning Petitioner's biological child. Respectfully Submitted, Dated: - Vj.5- of KOPE & ASSOCIATES, LLC By: - Z Z, ley J/,Se*n, Esq. Jan 12 07 01:54a Dawn Bowman 7178542620 VERIFICATION P.6 i, Michael Whi e, the Petitioner in this matter, have read the foregoing Petition to Add Michael Wine as Plaintiff in Caption. I verify that my averments in this Petition are true and correct and based upon my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unswom falsifications to authorities. Dated: 1-1;t -0-? 11/?-/? Michael Wine JAMES PAUL BRANOFF, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 03- ! g c? o CIVIL TERM SHANNYN SNELL, . Defendant CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff, James Paul Brano$ currently resides at 135 East Dauphin Street, Enola, Cumberland County, Pennsylvania. 2. The Defendant, Shannyn Snell, currently resides at 661 South 82nd Street, Apt.8, Harrisburg, Dauphin County, Pennsylvania 3. The plaintiff seeks custody of the following children: Name Present Residence Date of Birth James Branoff 135 East Dauphin Street 09/27/2000 Enola, PA 17025 Alex Branoff 135 East Dauphin Street 07/22/1998 Enola, PA 17025 Blake Snell 135 East Dauphin Street 07/29/1996 Enola, PA 17025 The children were born out of wedlock. The children are presently in the custody of the plaintiff at the above address. 2 EXHIBFT During the past five years, the James and Alex Branoff have resided with the following persons and at the following addresses: Name Address Date James Paul Branoff Shannyn Snell James Paul Branoff During the past five years, Blake Snell has resided with Shannyn Snell and either her boyfriend, Cleveland Marsh or his sister, Michelle Marsh, at three different residences in Dover, PA, 2 different residences in Harrisburg, PA and one residence in New Cumberland, PA,. The dates when the defendant moved are unknown to the plaintiff. 135 East Dauphin Street Enola, PA 17025 135 East Dauphin Street Enola, PA 17025 1999 - 2001 July 2001- Present Since September 2002, Blake Snell has resided with the following persons and at the following addresses: Name Address Date James Paul Branoff James Branoff Alex Branoff 135 East Dauphin Street Enola, PA 17025 September 2002 - Present The mother of the children is Shannyne Snell, currently residing at 661 South 82nd Street, Apt8, Harrisburg, Dauphin County, Pennsylvania. She is single. The father of the children is James Paul Branoff, currently residing at 135 East Dauphin Street, Enola, PA 17025. He is single. 4. The relationship of plaintiff to the James and Alex Branoff is that of father. The plaintiff has acted in place of the father for Blake Snell since he was about 9 or 10 months old, and has provided solely for Blake since September 2002. 3 The plaintiff currently resides with: Name Relationshiv James Branoff Son Alex Branoff Son Blake Snell "Step-son" 5. The relationship of defendant to the child is that of mother. The defendant currently resides with the following persons: Name Relationship Cleveland Marsh Boyfriend Michelle Marsh Boyfriend's sister Michelle Marsh's 3 children 6. The plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 7. The plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 8. Plaintiff does not know of a person not a party to the proceeding who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 9. The best interest and permanent welfare of the children will be served by granting the relief requested for reasons including, but not limited, to the following: a) The father has provided for James and Alex Bmnoff since birth, and has been their sole caretaker since July 2001 when the mother left the residence where the parties had resided. The father has acted in loco parentis for Blake Snell since he was 9 or 10 months old, and has been his sole caretaker since September 2002. The father is the person who can best provide for the emotional, physical and education needs of all the children, including a stable environment. b) The mother has not acted in the best interest of the children for reasons including the following: 4 i. The mother is unstable and unable to care for the children. In the past two years, the mother has moved approximately b times, and has placed Blake Snell in about 3 different schools. ii. In September 2002, the mother placed Blake in the care of the father after Children & Youth Services became involved because of the mother's inappropriate care of the child. Prior to this time, Blake had been kept from his half-siblings since July 2001. iii. From July 2001 until December 2001, the mother failed to contact James and Alex who she left in the custody of their father. The mother visited James and Alex only sporadically and for short periods of time. iv. On or about March 30, 2003, the mother, without informing the father, picked up the children from the babysitter, removed them from their home, and refused to return them to the father or allow him contact with the children for nine (9) days. During this time, the mother kept the children from school for two (2) days. On April 7, 2003, the mother returned the children to the father stating that she had no transportation to get the children to and from school. 8. Each parent whose parental rights to the child have not been terminated and the persons who have physical custody of the child have been named as parties to this action. WHEREFORE, the plaintiff requests this Court to grant him primary physical and legal custody of the children. Plaintiff further requests any other relief that is just and proper. Respectfully submitted, Oboan Carey Attorney for Plaintiff Mid Penn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 5 VERIFICATION The above-named PLAINTIFF, James Paul Branoff, verifies that the statements made in the above Complaint For Custody are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unworn falsification to authorities. ' ?J-/8- D ?; b. / Date: `7 O James Paul. Branoff 7 JAMES PAUL BRANOFF, Plaintiff SHANNYN SNELL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 03- 1 o CIVIL TERM CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, James Paul Branoff, Plaintiff, to proceed in forma pu averis. I, Joan Carey, attorney for the party proceeding in forma M 's certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. g"t?/ I Joan Carey Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 6 A MAY 2 o 2003 W JAMES PAUL BRANOFF, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-1840 CIVIL TERM : CIVIL ACTION - LAW SHANNYN SNELL, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this aD- aA day of M0117 , 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, James Paul Branoff, and the Mother, Shannyn Snell, shall have shared legal custody of James Branoff, born September 27, 2000, Alex Branoff, born July 22, 1998 and Blake Snell, July 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. 2. Father shall have primary physical custody of the children. 3. Mother shall have periods of partial physical custody of the children as the parties agree. 4. Neither party shall relocate the children outside of the jurisdiction without prior Order of Court. 5. Both parties shall keep each other advised of their current address and telephone number. 6. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terns of this Order shall control. cc: Joan Carey, Esquire - Counsel for Father Shannyn Snell, 661 South 82nd Street Apt 8, Harrisburg, PA 17111 J. 0,3 ©CFIIBIT I CERTIFICATE OF SERVICE I, Lesley J. Beam, Esquire, hereby certify that on January 16, 2007, 1 served a copy of the within Petition to Add Michael Wine as Plaintiff in Caption by depositing the same in the United States Mail, first class, postage prepaid in Camp Hill, Pennsylvania, addressed to the following individuals at the following addresses: Nora F. Blair, Esquire 5440 Jonestown Road Harrisburg, PA 17112 James Paul Branoff 135 E. Dauphin Street Enola, PA 17025 Respectfully Submitted, KOPE & ASSOCIATES, LLC Lesl? y -Berri, Esquire 466 Trindle Road Suite 201 Camp Hill, PA 17011 (717) 761-7573 KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQUIRE ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 IbeamA-kopelaw.com Attorney for Petitioner MICHAEL WINE, Plaintiff, vs. JAMES PAUL BRANOFF, Plaintiff. vs. SHANNYN SNELL, Defendant. AND NOW, this : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA NO. 03-1840 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT day of , 2007, upon consideration of the attached Petition to Add Michael Wine as Plaintiff in Caption filed by the Petitioner Michael Wine, it is hereby ordered that Michael Wine be added as Plaintiff in the caption for all future actions under this matter number. BY THE COURT, J. e ' MICHAEL WINE, Plaintiff, (Petitioner)? vs. JAMES PAUL BRANOFF, Plaintiff. vs. SHANNYN SNELL, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA NO. 03-1840 CIVIL ACTION LAW IN CUSTODY N 0 T I C E TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. 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 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 c ? Si Fri wL C) L (rt 1 PQ -C EXHIBIT KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQUIRE ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (beam@kopelaw.com MICHAEL WINE, Plaintiff, vs. JAMES PAUL BRANOFF, Plaintiff. Attorney for Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA NO. 03-1840 vs. SHANNYN SNELL, Defendant. CIVIL ACTION LAW IN CUSTODY PETITION TO TERMINATE RIGHTS OF JAMES PAUL BRANOFF AND PETITION TO MODIFY CUSTODY ORDER AND NOW comes Petitioner/Plaintiff Michael Wine by and through his attorney Lesley J. Beam, Esq., and requests the court terminate the rights of James Paul Branoff as to the minor child Blake Snell, born July 29, 1995, and modify the custody order as to said child as follows: 1. The Petitioner/Plaintiff is Michael Wine, currently residing at 801 Linden Avenue, 2"d Floor, York, York County, Pennsylvania, 17404. 2. The initial Plaintiff is James Paul Branoff, currently residing at 135 East Dauphin Street, Enola, Cumberland County, Pennsylvania, 17025. 3. The Defendant is Shannyn Snell, of various residences, believed to be currently residing with her mother at 313 7th Street, New Cumberland, Cumberland County, Pennsylvania, 17070. 4. In April of 2003, James Paul Branoff (hereinafter "Branoff") filed for custody of three children, James and Alex Branoff, Branoffs biological children, and the aforementioned Blake Snell, the biological child of his former paramour Defendant Shannyn Snell (hereinafter "Defendant") and this Petitioner/Plaintiff Michael Wine (hereinafter "Petitioner"). See attached Custody Complaint, Exhibit "A". A. Terminate Rights of James Paul Branoff to the Child 5. Petitioner incorporates paragraphs one (1) through four (4) above by reference, as though fully set forth at length herein. 6. Despite Branoffs assertion that "[e]ach parent whose parental rights to the child have not been terminated and the persons who have physical custody of the child have been named as parties to this action", Branoff did not name Petitioner as a party to the action. 7. Petitioner is the biological father of Blake Snell (hereinafter the "Child"). His parental rights to the Child have never been terminated by this or any other court. 8. Not only was Petitioner not named as a party to the action, but Petitioner was never given notice of the action nor the Order which resulted. 9. An Order of Court was entered by this Honorable Court on May 22, 20031 wherein Branoff was granted (apart from custody rights over his biological children) shared legal custody and primary physical custody of the Child. Mother was granted partial physical custody of the children only by agreement of the parties. See attached Order marked Exhibit "B". 10. Although Petitioner received visits with the Child and maintained involvement in the Child's life through Defendant, Petitioner was not informed about the Order, nor was Petitioner informed that the Child was primarily residing with a man not his father, i.e., Branoff. Defendant would retrieve the Child from Branoffs care and deliver him to Petitioner for visits, but never informed Petitioner that the Child was not living with her, as was believed. 11. In early 2004, Petitioner learned from Branoff that the Child was residing with Branoff in his home. As a result of this discussion, Branoff agreed to relinquish custody of the Child to Petitioner. From that point until the end of the school year, Petitioner took physical custody of the Child every weekend, from Friday to Sunday. On the last day of said school year, the Child began residing primarily with Petitioner. 12. Thus, from June of 2004 until present, the Child has been residing primarily with Petitioner and his fiance, 13. Petitioner has been a presence in the Child's life from birth, has provided financial support, and has developed a loving and constant relationship with Child since Child has been in his home. 14. Branoff, despite his involvement in the Child's life, is not the Child's biological father, and achieved his custody of said Child by failing to notify Petitioner or name Petitioner as a party to the action. WHEREFORE, Petitioner respectfully requests this Honorable Court to terminate any and all rights of James Paul Branoff to the Child as may have been established by the previous Order. B. Modify the Custody Order 15. Petitioner incorporates paragraphs one (1) through fourteen (14) above by reference, as though fully set forth at length herein. 16. As seen in the attached Order at Exhibit "B", an Order of Court was entered by this Honorable Court on May 22, 2003, wherein Branoff was granted shared legal custody and primary physical custody of the Child, as well as his two biological children, James and Alex Branoff. Mother was granted partial physical custody of the children only by agreement of the parties. 17. Petitioner seeks to have a modified, separate Order entered as to the custody of the Child Blake, not disturbing the custody Order as it pertains to James and Alex Branoff, the aforementioned biological children of Branoff. 18. As mentioned above, Petitioner seeks to modify the current Order of Court so that he has primary physical and shared legal custody of the following child. NAME PRESENT RESIDENCE AGE DATE OF BIRTH Blake Snell 801 Linden Avenue, 2d Fl. 11 years July 29, 1995 York, PA 19. The Child was born out of wedlock to Defendant and Petitioner 20. The Child is presently residing primarily with Petitioner. 21. During the past five years, the Child has resided with the following persons and at the following addresses: PERSONS Michael Wine Dawn Bowman Austin Buhrman James Paul Branoff James Branoff Alex Branoff ADDRESSES 801 Linden Avenue, 2d fl. York, PA 135 East Dauphin Street Enola, PA DATES June 2004 -- present Sept. 2002-June 2004 Prior to September 2002, it is believed and therefore averred that the Child resided with Defendant and either her then-boyfriend Cleveland Marsh, or his sister, Michelle Marsh, at three different residences in Dover, PA, 2 different residences in Harrisburg, PA, and one residence in New Cumberland, PA. The precise dates of residence and precise addresses are unknown. 22. The mother of the Child is Shannyn Snell, the named Defendant, of various residences, believed to be currently residing with her mother at 313 7th Street, New Cumberland, Cumberland County, Pennsylvania, 17070. She is unmarried. 23. The father of the Child is Michael Wine, the named Petitioner and Plaintiff, currently residing at 801 Linden Avenue, 2d Floor, York, York County, Pennsylvania. He is engaged. 24. The relationship of Petitioner to the Child is that of Father. Petitioner currently resides with the following persons: NAME RELATIONSHIP Blake Snell Son Dawn Bowman Fiancee Austin Buhrman Fiancee's minor child 25. The relationship of Defendant to the Child is that of Mother. It is believed that Defendant currently resides with her mother, Kathy Snell. 26. Petitioner has not participated as a party in previous litigation concerning the custody of the Child, although as previously discussed, an Order was previously entered regarding custody of the Child. 27. Petitioner does not know of a person not a party to the proceedings that has physical custody of the Child or claims to have custody or visitation rights with respect to the Child. 28. Petitioner requests primary physical and shared legal custody of the Child. 29. Petitioner further requests that Defendant be court-ordered to participate in and complete an educational workshop or the like for parents of children with Asperger's Syndrome. 30. Petitioner requests that Defendant refrain from imbibing alcohol in any amount while in the presence of the Child or within twelve (12) hours of when Defendant will receive custody of the Child. 31. The best interest and permanent welfare of the Child will be served by granting relief as requested because: a. Defendant is an unstable parent incapable of providing a secure home environment. As demonstrated above, Defendant consistently moves from residence to residence. When the Child was in her care, the Child was moved through at least 3 different schools; b. Defendant placed the Child in the care of named Plaintiff Branoff in September 2002 when Children & Youth Services became involved due to Defendant's inappropriate care of the child. Defendant did not inform the Child's natural and biological father of the Child's whereabouts; c. The Child has been diagnosed with Asperger's Syndrome, and as such, needs a heightened degree of stability of environment, regularity of schedule, and constancy of care; d. Defendant has a lengthy history of alcohol abuse and a violent temper; e. Defendant has indicated that she no longer wishes to care for the Child, and would rather sit in jail than support her child financially; f. Petitioner has been exercising constant custody of the Child since he learned of the Child's whereabouts in 2004. Since June of 2004, Petitioner has had full custody of the Child; g. Since the Child has been in Petitioner's care, the Child's education level has risen drastically, the Child's health has improved, and the Child's behavior has become substantially less affected as per Asperger's Syndrome; h. Petitioner's fiancee is employed by the Corporate Division of Estee' Lauder, and performs her duties almost exclusively from their home. By working out of the home, Petitioner's fiancee is able to provide the constant care and contact needed for a child with Asperger's Syndrome; i. Petitioner is able to provide a stable home and emotional environment for the Child. Petitioner and Petitioner's fiancee are fully equipped to offer assistance with nourishment and care; and j. Petitioner has the facilities to provide for the care, comfort and control of the Child, as well as the intention and desire to do so. 32. By granting the relief requested, the Child's living arrangements as per the last two and one/half (2 %) years will remain undisturbed and the Child will continue to flourish. 33. Each parent whose parental rights to the Child have not been terminated and the persons who have physical custody of the Child have been named as parties to this action. WHEREFORE, Petitioner respectfully requests that this Honorable Court remove the Child from the current Order and enter a separate Order per the Child alone. WHEREFORE, Petitioner respectfully requests that this Honorable Court grant the following relief in this separate Order: (a) Award Petitioner primary physical custody and shared legal custody of the Child; (b) Award Defendant partial physical custody of the Child by agreement of the parties; (c) Order Defendant to participate in and complete an educational workshop or the equivalent for parents of children with Asperger's Syndrome; and (d) Order Defendant to refrain from imbibing alcohol in any amount while in the presence of the Child or within twelve (12) hours of when Defendant will receive custody of the Child. Respectfully Submitted, KOPE & ASSOCIATES, LLC By: Dated: ` ?c2 7 r JAMES PAUL BRANOFF, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA NO. 03- g c? o CIVIL TERM SHANNYN SNELL, Defendant CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff, James Paul Branof? currently resides at 135 East Dauphin Street, Enola, Cumberland County, Pennsylvania. 2. The Defendant, Shannyn Snell, currently resides at 661 South 82nd Street, Apt.8, Harrisburg, Dauphin County, Pennsylvania 3. The plaintiff seeks custody of the following children: Name Present Residence Date of Birth James Branoff 135 East Dauphin Street 09/27/2000 Enola, PA 17025 Alex Branoff 135 East Dauphin Street 07/22/1998 Enola, PA 17025 Blake Snell 135 East Dauphin Street 07/29/1996 Enola, PA 17025 The children were born out of wedlock. The children are presently in the custody of the plaintiff at the above address. 2 EXHIBIT During the past five years, the James and Alex Branoff have resided with the following persons and at the following addresses: Name Address Date James Paul Branoff Shannyn Snell James Paul Branoff During the past five years, Blake Snell has resided with Shannyn Snell and either her boyfriend, Cleveland Marsh or his sister, Michelle Marsh, at three different residences in Dover, PA, 2 different residences in Harrisburg, PA and one residence in New Cumberland, PA. The dates when the defendant moved are unknown to the plaintiff. 135 East Dauphin Street Enola, PA 17025 135 East Dauphin Street Enola, PA 17025 . 1999 - 2001 July 2001- Present Since September 2002, Blake Snell has resided with the following persons and at the following addresses: Name James Paul Branoff James Branoff Alex Branoff Address 135 East Dauphin Street Enola, PA 17025 Date September 2002 - Present The mother of the children is Shannyne Snell, currently residing at 661 South 82d Street, Apt.8, Harrisburg, Dauphin County, Pennsylvania. She is single. The father of the children is James Paul Branof? currently residing at 135 East Dauphin Street, Enola, PA 17025. He is single. 4. The relationship of plaintiff to the James and Alex Branoff is that of father. The plaintiff has acted in place of the father for Blake Snell since he was about 9 or 10 months old, and has provided solely for Blake since September 2002. 3 The plaintiff currently resides with: Name Relationship James Branoff Son Alex Branoff Son Blake Snell "Step-son" 5. The relationship of defendant to the child is that of mother. The defendant currently resides with the following persons: Name Relationship Cleveland Marsh Boyfriend Michelle Marsh Boyfriend's sister Michelle Marsh's 3 children 6. The plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 7. The plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 8. Plaintiff does not know of a person not a party to the proceeding who has physical custody of the child or claims to have custody or visitation rights with respect to the child 9. The best interest and permanent welfare of the children will be served by granting the relief requested for reasons including, but not limited, to the following: a) The father has provided for James and Alex Branoff since birth, and has been their sole caretaker since July 2001 when the mother left the residence where the parties had resided The father has acted in loco parentis for Blake Snell since he was 9 or 10 months old, and has been his sole caretaker since September 2002. The father is the person who can best provide for the emotional, physical and education needs of all the children, including a stable environment. b) The mother has not acted in the best interest of the children for reasons including the following: 4 i_ The mother is unstable and unable to care for the children. In the past two years, the mother has moved approximately 6 times, and has placed Blake Snell in about 3 different schools. ii. In September 2002, the mother placed Blake in the care of the father after Children & Youth Services became involved because of the mother's inappropriate care of the child Prior to this time, Blake had been kept from his half-siblings since July 2001. iii. From July 2001 until December 2001, the mother failed to contact James and Alex who she left in the custody of their father. The mother visited James and Alex only sporadically and for short periods of time. iv. On or about March 30, 2003, the mother, without informing the father, picked up the children from the babysitter, removed them from their home, and refused to return them to the father or allow him contact with the children for nine (9) days. During this time, the mother kept the children from school for two (2) days. On April 7, 2003, the mother returned the children to the father stating that she had no transportation to get the children to and from school. 8. Each parent whose parental rights to the child have not been terminated and the persons who have physical custody of the child have been named as parties to this action. WHEREFORE, the plaintiffrequests this Court to grant him primary physical and legal custody of the children. Plaintiff further requests any other relief that is just and proper. Respectfully submitted, fiban Carey Attorney for Plaintiff Mid Penn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VERIFICATION The above-named PLAINTIFF, James Paul Branoff, verifies that the statements made in the above Complaint For Custody are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4404, relating to unworn falsification to authorities. ? Date: `7`/ 10 144?L ?. /James Paul Branoff JAMES PAUL BRANOFF, Plaintiff SHANNYN SNELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03- Q CIVIL TERM CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, James Paul Branoff, Plaintiff, to proceed in forma aQ uperis. I, Joan Carey, attorney for the party proceeding in forma ap uperis• certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. To-an Carey Attorney for Plaintiff MidPenn Legal Services .8 Irvine Row Carlisle, PA 17013 (717) 243-9400 6 MAY 2 o Zoos W JAMES PAUL BRANOFF, Plaintiff V. SHANNYN SHELL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003-1840 CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this a?, day of n?a , 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, James Paul Branoff, and the Mother, Shannyn Snell, shall have shared legal custody of James Branoff, born September 27, 2000, Alex Branoff, born July 22, 1998 and Blake Snell, July 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. 2. Father shall have primary physical custody of the children. 3. Mother shall have periods of partial physical custody of the children as the parties agree. 4. Neither party shall relocate the children outside of the jurisdiction without prior Order of Court. 5. Both parties shall keep each other advised of their current address and telephone number. 6. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: Joan Carey, Esquire -- Counsel for Father Shannyn Snell, 661 South 82nd Street Apt 8, Harrisburg, PA 17111 J. 11 EXHIBrr , 3 1 Dec 30_06_02:39a Dawn-Bowman 7.178542620 VERIFICATION i, Michael Wine, the Petitioner in this matter, have read the foregoing Petition to Terminate the Flights of James Paul Bmnoff and Petition to Modify the Custody Order. I verify that my averments in this Petition are true and correct and based upon my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 Pa. 0.5. 4904 relating to unworn falsifications to authorities. Dated: zz - 30 - IL Michael Wine CERTIFICATE OF SERVICE I, Lesley J. Beam, Esquire, hereby certify that on January 2, 2007, 1 served a copy of the within Petition by depositing the same in the United States Mail, first class, postage prepaid in Camp Hill, Pennsylvania, addressed to the following individuals at the following addresses: James Paul Branoff 135 E. Dauphin Street Enola, PA 17025 Shannyn Snell 313 7t' Street New Cumberland, PA 17070 Respectfully Submitted, KOPE & ASSOCIATES, LLC Lesr'e . Veam, Esquire 466 rindle Road Suite 201 Camp Hill, PA 17011 (717) 761-7573 MICHAEL WINE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JAMES PAUL BRANOFF NO. 2003 -1840 CIVIL TERM V. SHANNYN SNELL CIVIL ACTION -CUSTODY ORDER OF COURT AND NOW, this 22"d day of JANUARY, 2007, a Rule is issued upon all parties to Show Cause why the requested relief should not be granted. Rule returnable ten (10) days after service. Edward E. Guido, J. Lesley J. Beam, Esquire Nora F. Blair, Esquire James Paul Branoff 135 E. Dauphin Street Enola, Pa. 17025 :sld EXHIBIT J r JAMES PAUL BRANOFF, :IN THE COURT OF COMMON PLEAS, Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-1840 SHANNYN SNELL, : CIVIL ACTION -- CUSTODY Defendant -?' 4 ANSWER TO PETITION TO ADD MICHAEL WINE AS r PLAINTIFF IN CAPTION WITH NEW MATTER And now comes Kathleen Snell, by and through her attorney, Nora F. Blair, Esquire, files this Answer to Petition to Add Michael Wine as Plaintiff in Caption with New Matter, and in support thereof avers as follows: 1. Admitted. 2. Admitted. 3. 4. Denied. Defendant Shannyn Snell currently resides at 135 East Dauphin Street, Enola, Pennsylvania. Admitted with clarification. The correct spelling of the child's name is Blayke Snell. 5. Admitted. 6. Admitted with clarification. The correct spelling of the child's name is Blayke Snell. 7. Admitted. Byway of further response, Petitioner Michael Wine had not had significant contact with the minor child at the time the Complaint for Custody was filed. EXHIBIT c B. Admitted. 9. Admitted in part, denied in part. It is admitted that Petitioner Michael ovine had visits with the child however it is specifically denied that these visits were with sufficient frequency to support Petitioner's averment that he has "maintained involvement in the Child's life". To the contrary, Petitioner was not involved with Blayke until he was about six years of age. It is specifically denied that Petitioner did not know where the child was residing as Petitionerwas informed of such by Plaintiff James Paul Branoff. 10. Admitted in part, denied in part. It is admitted that Petitioner learned from Plaintiff of the child's residence. It is denied that Plaintiff alone agreed to relinquish custody of the child to Petitioner. To the contrary, Petitioner discussed weekend visitation with Respondent Kathleen Snell as well as Plaintiff. It is denied that Petitioner enjoyed physical custody of the minor child every weekend for the latter half of the 2003-2004 school year. During most months, Petitioner enjoyed custody every other weekend. 11. Denied. It is specifically denied that the child has been residing primarily with Petitioner since June, 2004. To the contrary, Blayke did not begin to reside primarily with Petitioner until September, 2004. 12. Admitted in part, denied in part. It is admitted that Plaintiff is not the biological father of Blayke Snell. It is denied that Plaintiff achieved custody of the child by failing to notify Petitioner of the action or naming Petitioner as an interested party. To the contrary, Plaintiff James Paul Branoff had custody as a result of neither biological parent taking full responsibility for Blayke. Plaintiff filed a Complaint for Custody in which he referred to himself as the step-father of Blayke Snell. Subsequent to the filing of the Complaint, a Custody Conciliation was held. As a result of the conciliation, an Order of Court was entered giving Plaintiff primary physical custody. 13. Admitted. 14. Admitted in part. It is admitted that Petitioner added his name to the caption as Plaintiff. The remainder of the averment does not require an answer. NEW MATTER 15. Paragraphs one (1) through fourteen (14) are incorporated herein as though set forth below. 16. Kathleen Snell is an adult individual currently residing at 313 Seventh Street, New Cumberland, Cumberland County, Pennsylvania. 17. Kathleen Snell is the maternal grandmother of Blayke Snell. 18. Defendant Shannyn Snell and Blayke resided with Kathleen Snell from April 2001 until October 2001, during which time Kathleen Snell was one of the child's care givers. 19. On or about October 2001, Shannyn Snell moved out of the residence. Blayke continued to reside with Kathleen Snell from October 2001 until June 2002, during which time Kathleen Snell was the child's primary care giver. 20. Kathleen Snell has acted in loco parentis to Blayke Snell. WHEREFORE, Respondent respectfully requests that Your Honorable Court modify the caption in this matter to include Kathleen Snell as a Defendant. DATED: i - Z 1-1 - iNeya rv. j5iair Supreme Court ID #45513 5440 Jonestown Road Post Office Box 6216 Harrisburg, PA 17112-0216 (717) 541-1428 VERIFICATION I verify that the statement made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements therein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Dated: JAMES PAULL BRANOFF, :IN THE COURT OF COMMON PLEAS, Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-1840 SHANNYN SNELL, : CIVIL ACTION -- CUSTODY Defendant CERTIFICATE OF SERVICE I hereby certify that I have this date served a copy of the Answer to Petition to Add Michael Wine as Plaintiff in Caption with New Matter on the persons in the manner stated belowwhich service satisfies the requirement of Pa.R.C.P. No. 440. SERVICE BY FIRST CLASS MAIL TO: Lesley J. Beam, Esquire 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 James Paul Branoff 135 East Dauphin Street Enola, PA 17025 Shannyn Snell 135 East Dauphin Street Enola, PA 17025 Date: January 29, 2007 Res submitted, ora F. Blair JAN 312007 <? JAMES PAUL BRANOFF, :IN THE COURT OF COMMON PLEAS, Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-1840 CIVIL TERM SHANNYN SNELL, : CIVIL ACTION -- CUSTODY Defendant ORDER OF COURT i' of 2007, a Rule is issued upon Michael Wine, James Paul Branoff, and Shannyn Snell to show cause why the relief requested in Respondent Kathleen Snell's Answer and New Matter should not be granted. RULE RETURNABLE !/ v DAYS AFTER SERVICE. the Court, J. Distribution: Leslie Beam, Esquire, 4660 Trindle Road, Suite 201, Camp Hill, PA 17011 Nora F. Blair, Esquire, 5440 Jonestown Road, P.O. Box 6216, Harrisburg, PA 17112 Shannyn Snell, 135 East Dauphin Street, Enola, PA 17025 EXHIBIT James Paul Branoff, 135 East Dauphin Street, Enola, PA 17025 in Thy whereon, i aere unto set ray hM 'M the-W of said r'Ski rt at CAW, p& rhi 7-N day Pmttmmrv y ? JAMES PAUL BRANOFF, Plaintiff V. SHANNYN SHELL, Defendant :IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-1840 CIVIL ACTION -- CUSTODY ANSWER TO PETITION TO ADD MICHAEL WINE AS PLAINTIFF IN CAPTION WITH NEW MATTER And now comes Shannyn Snell, by and through her attorney, Nora F. Blair, Esquire, files this Answer to Petition to Add Michael Wine as Plaintiff iaCaptior° c - -TI with New Matter, and in support thereof avers as follows: 1. Admitted. ;J rn 2. Admitted. 3. Denied. Defendant Shannyn Snell currently resides at 135 East Dauphin Street, Enola, Pennsylvania. 4. Admitted with clarification. The correct spelling of the child's name is Blayke Snell. 5. Admitted. 6. Admitted with clarification. The correct spelling of the child's name is Blayke Snell. 7. Admitted. Byway of further response, Petitioner Michael Wine had not had significant contact with the minor child at the time the Complaint for Custody was filed. EXHIBIT 8. Admitted. 9. Admitted in part, denied in part. It is admitted that Petitioner Michael Wine had visits with the child however it is specifically denied that these visits were with sufficient frequency to support Petitioner's averment that he has "maintained involvement in the Child's life". To the contrary, Petitioner was not involved with Blayke until he was about six years of age. It is specifically denied that Petitioner did not know where the child was residing as Petitioner was informed of such by Plaintiff James Paul Branoff. 10. Admitted in part, denied in part. It is admitted that Petitioner learned from Plaintiff of the child's residence. It is denied that Plaintiff alone agreed to relinquish custody of the child to Petitioner. To the contrary, Petitioner discussed weekend visitation with Respondent Kathleen Snell as well as Plaintiff. It is denied that Petitioner enjoyed physical custody of the minor child every weekend for the latter half of the 2003-2004 school year. During most months, Petitioner enjoyed custody every other weekend. 11. Denied. It is specifically denied that the child has been residing primarily with Petitioner since June, 2004. To the contrary, Blayke did not begin to reside primarily with Petitioner until September, 2004. 12. Admitted in part, denied in part. It is admitted that Plaintiff is not the biological father of Blayke Snell. It is denied that Plaintiff achieved custody of the child by failing to notify Petitioner of the action or naming Petitioner as an interested party. To the contrary, Plaintiff James Paul Branoff had custody as a result of neither biological parent taking full responsibility for Blayke. Plaintiff filed a Complaint for Custody in which he referred to himself as the step-father of Blayke Snell. Subsequent to the filing of the Complaint, a Custody Conciliation was held. As a result of the conciliation, an Order of Court was entered giving Plaintiff primary physical custody. 13. Admitted. 14. Admitted in part. It is admitted that Petitioner added his name to the caption as Plaintiff. The remainder of the averment does not require an answer. NEW MATTER 15. Paragraphs one (1) through fourteen (14) are incorporated herein as though set forth below. 16. Kathleen Snell is an adult individual currently residing at 313 Seventh Street, New Cumberland, Cumberland County, Pennsylvania. 17. Kathleen Snell is the maternal grandmother of Blayke Snell. 18. Defendant Shannyn Snell and Blayke resided with Kathleen Snell from April 2001 until October 2001, during which time Kathleen Snell was one of the child's care givers. 19. On or about October 2001, Shannyn Snell moved out of the residence. Blayke continued to reside with Kathleen Snell from October 2001 until I c June 2002, during which time Kathleen Snell was the child's primary care giver. 20. Kathleen Snell has acted in loco paren Us to Blayke Snell. WHEREFORE, Respondent respectfully requests that Your Honorable Court modify the caption in this matter to include Kathleen Snell as a Defendant. Res DATED: _ L) -7 submitted, Ndta F. Blair Supreme Court ID #45513 5440 Jonestown Road Post Office Box 6216 Harrisburg, PA 17112-0216 (717) 541-1428 CATION I verify that the statement made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements therein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. Dated. S r • JAMES PAULL BRANOFF, : IN THE COURT OF COMMON PLEAS, Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-1840 SHANNYN SNELL, : CIVIL ACTION -- CUSTODY Defendant CERTIFICATE OF SERVICE I hereby certify that I have this date served a copy of the Answer to Petition to Add Michael Wine as Plaintiff in Caption with New Matter on the persons in the manner stated belowwhich service satisfies the requirement of Pa.R.C.P. No. 440. SERVICE BY FIRST CLASS MAIL TO: Lesley J. Beam, Esquire 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 James Paul Branoff 135 East Dauphin Street Enola, PA 17025 Date: February 5, 2007 Respectfully submitted, r% W6ra F. Blair FEB 0 7 2007 Y I JAMES PAUL BRANOFF, Plaintiff V. SHANNYN SNELL, Defendant :IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-1840 CIVIL TERM CIVIL ACTION -- CUSTODY ORDER OF COURT AND NOW this of Prtn--7 20071 a Rule is issued upon Michael Wine, James Paul Branoff, and Shannyn Snell to show cause why the relief requested in Respondent Kathleen Snell's Answer and New Matter should not be granted. RULE RETURNABLE IO DAYS AFTER SERVICE. J. Distribution: Leslie Beam, Esquire, 4660 Trindle Road, Suite 201, Camp Hill, PA 17011 EXHIBIT Nora F. Blair, Esquire, 5440 Jonestown Road, P.O. Box 6216, Harrisburg, Shannyn Snell, 135 East Dauphin Street, Enola, PA 17025 NIZVE COPY FRUM Wo u i Testimony whereof, I here onto set fray h&x 1d the of said Cou at Cackle, Pa. y r C z if 411 r Feb 25 07 12:10p Dawn Bowman 7178542620 p.2 y VERIFICATION 1, Michael Wine, the Petitioner in this matter, have read the foregoing Motion to Make Rule Absolute, Answer and New Matter to Kathleen Snell's New Matter, and Answer and New Matter to Shannyn Snell's New Matter. 1 verify that my averments in this Motion, Answer and New Matter, and Answer and New Matter are true and correct and based upon my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 Pa, C.S. 4904 relating to unworn falsifications to authorities. Dated: Z i r Michael Wine CERTIFICATE OF SERVICE I, Lesley J. Beam, Esquire, hereby certify that on February 26, 2007, 1 served a copy of the within Motion to Make Rule Absolute and Answer and New Matter to Kathleen Snell's New Matter and Answer and New Matter to Shannyn Snell's New Matter by depositing the same in the United States Mail, first class, postage prepaid in Camp Hill, Pennsylvania, addressed to the following individuals at the following addresses: James Paul Branoff 135 E. Dauphin Street Enola, PA 17025 Nora F. Blair, Esquire 5440 Jonestown Road P.O. Box 6216 Harrisburg, PA 17112 Respectfully Submitted, KOPE & ASSOCIATES, LLC I By: %%. Lesle J. Bea , Esquire 4600 rindle Road Sue 201 Camp Hill, PA 17011 (717) 761-7573 r-.'? -- ? c , ?"v ?: _ _ ? ? r.... ?.? _ « _-. - ? ?? ... - ?? . , ?? :? .-?„ ......,i JAMES PAUL BRANOFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. SHANNYN SNELL NO. 2003 -1840 CIVIL TERM ORDER OF COURT AND NOW, this 5TH day of MARCH, 2007, a hearing shall be held on WEDNESDAY, MARCH 21, 2007, at 1:00 p.m. in Courtroom # 3 of the Cumberland County Courthouse, Carlisle, Pa. at which time we shall determine whether to add Michael Wine and/or Kathleen Snell to the caption in this matter. Edward E. Guido, J. Jslie Beam, Esquire ra Blair, Esquire ,Xnes P. Branoff ,-'?nyn Snell d J? sld INI LOOZ Di -jl0 IU- JAMES PAUL BRANOFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. SHANNYN SNELL : NO. 2003 -1840 CIVIL TERM ORDER OF COURT AND NOW, this 15TH day of MARCH, 2007, the hearing scheduled for Wednesday, March 21, 2007, at 1:00 p.m. is continued to THURSDAY, MARCH 22, 2007, at 1:00 p.m. in Courtroom # 3 of the Cumberland County_Cearthquse, Carlisle, Pa. By the Edward E. Guido, J. Leslie Beam, Esquire Ora Blair, Esquire :sld tANM%l,,&SNN3d ? S :1 Ind S i HVW LODZ h8V1GNtiHiO8d' 3H.i. JO ?OHAI'-??id JAMES PAUL BRANOFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. SHANNYN SNELL NO. 2003 -1840 CIVIL TERM ORDER OF COURT AND NOW, this 20TH day of MARCH, 2007, the hearing scheduled for Thursday, March 22, 2007, at 1:00 p.m. is rescheduled to THURSDAY, MARCH 29, 2007, at 11:00 a.m. in Courtroom # 3. Edward E. Guido, J. Xsley J. Beam, Esquire 4660 Trindle Road, Suite 201 Camp Hill, Pa. 17011 ra Blair, Esquire 5440 Jonestown Rd. P.O. Box 6216 Harrisburg, Pa. 17112 J :sld AINIn,C"'ll L z :Z ltd N 8VW LODZ AdViQf QrUC'dd Ni ?O 3,')L440-0-TIJ APR OE 20070V JAMES PAUL BRANOFF and : IN THE COURT OF COMMON PLEAS OF MICHAEL J. WINE, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs VI. : NO. 2003-1840 CIVIL ACTION - LAW SHANNYN SNELL, : IN CUSTODY Defendant ORDER OF COURT AND NOW, this Al day of AwtoJ , 2007, upon consideration of the attached Custody Conciliation Report, it i ordered and directed as follows: The caption shall be modified as indicated above to add Michael J. Wine as a Plaintiff. 2. The prior Order of Court dated May 22, 2003 shall remain in full force and affect as to the children, James Branoff and Alex Branoff. The Order of Court of May 22, 2003 shall be vacated as it applies to Blayke Snell. 3. The Father, Michael J. Wine and the Mother, Shannyn Snell, shall have shared legal custody of Blayke Snell, born July 29, 1995. Each party 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 23 Pa.C.S. §5309, each party shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, and the residence address of the child and the other parent. To the extent one party has possession of any such records or information, that party shall be required to share the same, or copies thereof, with the other parry within such reasonable time as to make the records and information of reasonable use to the other party. All parties shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each party shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parties including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each party 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 nights, and the like. The parties shall not attempt to alienate the affections of the minor child from the other parties. Day-to-day decisions shall be the responsibility of the party then having physical custody. With regard to emergency decisions which must be made, the party having physical custody of the minor child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, the party making the emergency decision shall inform the other of the emergency and consult with the other parent as soon as possible. 4. Primary physical custody of Blayke shall be with Michael J. Wine (hereinafter referred to as "Father"). 5. Hereinafter where it says "Mother" (Shannyn Snell) it shall be assumed that it shall also include the phrase "and/or James Paul Branoff (Step-father), as agreed between her and step-father." This does not include paragraph 3 above. 6. Mother shall have partial physical custody as follows: a. Alternating weekends from Friday at 6:00 p.m. to Sunday at 6:00 p.m. beginning April 20 -- 22, 2007. In addition, Mother shall have the weekend of March 30 -- April 1, 2007; b. One day per week during the months that Blayke is on summer vacation; C. Such other times as the parties may agree. 6. Father shall have custody on Father's Day each year from Saturday at 6:00 p.m. until Sunday at 6:00 p.m. and Mother shall have custody on Mother's Day each year from Saturday at 6:00 p.m. to Sunday at 6:00 p.m. 7. The parties agree that all Monday holidays when the parent is off from work shall be spent with the parent who had the minor child for the Sunday immediately preceding the Monday holiday. The parties agree to alternate the following holidays: A. New Years Day from New Year's Eve at 6:00 p.m. to 6:00 p.m. New Years Day (with Mother in odd-numbered years and Father in even-numbered years); B. Easter from 6:00 p.m. Saturday to 6:00 p.m. Sunday (with Father in odd- numbered years and Mother in even-numbered years); C. July 4 at 9:00 a.m. to July 5 at 9:00 a.m. (with Mother in odd-numbered years and Father in even-numbered years); D. Child's birthday, July 29, from 9:00 a.m. to 8:00 p.m. (with Father in odd- numbered years and Mother in even-numbered years); E. Halloween Trick or Treat night from after school to 8:30 p.m. (If Halloween trick or treat night is different in the two municipalities where the parties reside then both parents may have the child for the trick or treat night in their local municipality) (with Mother in odd-numbered years and Father in even- numbered years); F. Thanksgiving from Wednesday after school to Sunday at 6:00 p.m. (with Father in odd-numbered years and Mother in even-numbered years); G. Christmas Eve at 1:00 p.m. to Christmas Day at 1:00 p.m. (with Mother in odd-numbered years and Father in even-numbered years); H. Christmas Day at 1:00 p.m. to 1:00 p.m. December 26 (with Father in odd- numbered years and Mother in even-numbered years). 8. The holiday schedule shall take precedence over the regular custody schedule. 9. Mother and Father each shall be entitled to have Blayke for three non- consecutive weeks of uninterrupted time each year with the week including that parent's weekend. The parent wishing to take the time shall provide the other parent at least thirty (30) days written notice of the dates for the time with Blayke. First notice takes priority. 10. During any period of custody or partial custody the parties to this Order shall not possess or use any controlled substance, except under a doctor's care, and shall not consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this prohibition. 11. Each parent shall be entitled to reasonable telephone contact with the minor child when in the custody of the other parent. Further, Blayke's grandparents and siblings shall be entitled to reasonable telephone contact with Blayke. 12. The party receiving custody of the minor child shall be responsible for transportation; each party may designate an adult to provide the transportation; Blayke shall be picked up for Mother's periods of partial physical custody at 6:00 p.m. at Father's residence; and Blayke shall be picked up at maternal grandmother's residence at the end of Mother's periods of partial physical custody. 13. The parties shall refrain from making derogatory comments about the other parent in the presence of the minor child and to the extent possible shall prevent third parties from making such comments in the presence of the minor child. 14. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control Edward E. Guido, J. coley J. Beam, Esquire, for Father F. Blair, Esquire, for Mother ?I nes Paul Branoff, pro se 135 East Dauphin Street Enola, PA 17025 ? CC :Z HIJ ' - ?--]V LODZ A { 1Cf`iv i.i-` 'Hi. ?O JAMES PAUL BRANOFF and MICHAEL J. WINE, Plaintiffs V. SHANNYN SNELL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003-1840 CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Blayke Snell July 29, 1995 Father 2. A Conciliation Conference was held in this matter on March 29, 2007, with the following in attendance: The Father, Michael J. Wine, with his counsel, Lesley J. Beam, Esquire, the Step-father, James Paul Branoff, pro se and the Mother, Shannyn Snell, with her counsel, Nora F. Blair, Esquire. 3. The Honorable Edward E. Guido previously entered an Order of Court dated May 22, 2003 providing for shared legal custody by the Step-father and Mother, Step-father having primary physical custody and Mother having partial physical custody as agreed. 4. The parties agreed to an Order in the form as attached. 3-3u-off A.? ? Date Jac eline M. Verney, Esquire Custody Conciliator MICHAEL J. WINE, Petitioner VS. SHANNYN SNELL and JAMES PAUL BRANOFF, Respondents IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003-1840 CIVIL ACTION - LAW CUSTODY PETITION TO MODIFY AN EXISTING CUSTODY O DER AND NOW, to wit, this 5t" day of June, 2008, comes Petitioner, MICHAEL J. WINE, by and through his attorneys CARRUCOLI & ASSOCIATES, PC, and Kelly M. Dick, Esquire, and files this Petition to Modify an Existing Custody Order and avers as follows: 1. Petitioner is Michael J. Wine [hereinafter "Father"], an adult individual, who currently resides at 801 Linden Avenue, 2nd Floor, York, York County, Pennsylvania, 17404. 2. Respondent is James Paul Branoff (hereinafter "Respondent Branoff'], an adult individual, who currently resides at 135 East Dauphin Street, Enola, Cumberland County, Pennsylvania, 17025. 3. Respondent is Shannyn Snell [hereinafter "Respondent Snell"], an adult individual, whose current address is unknown. 4. Father is the biological father of a minor child, Blayke Snell, whose date of birth is July 29, 1995. 5. Respondent Branoff is a former paramour of Respondent Snell. 6. Respondent Snell is the biological mother of the minor child. 7. By prior order of court dated April 4, 2007, Respondent Snell and Father were granted shared legal custody of the minor Child [a true and correct copy of the prior court order is attached y hereto as Exhibit "A" and is annexed to and made a part thereofJ. 8. By the same prior order of court, Father was granted primary physical custody of the minor Child, and Respondent Snell was granted periods of partial physical custody, which were to include every other weekend from Friday at 6:00 p.m. until Sunday at 6:00 p.m. 9. On May 15, 2008, the minor Child was transported to the crisis center in York, Pennsylvania, as a result of suicidal ideations. 10. At the crisis center, the counselor recommended that the minor Child undergo a psychiatric evaluation. The counselor also recommended that the Child be kept in a stable environment. 11. A psychiatric evaluation is scheduled for June 11, 2008, at Wellspan Behavioral Health. 12. As a result of the recent events, Father believes that the existing custody order should be modified to reduce the periods of partial physical custody with Respondent Snell and Respondent Branoff. 13. Father believes that this course of action is appropriate and for the best interests of the minor Child. WHEREFORE, Petitioner requests that the Court modify the existing custody order because it will be in the best interest of the Child. Respectfully submitted, CARRUCOLI & ASSOCIATES, PC Kelly M Dick4squire Supreme Court ID No. 93167 875 Market Street, Suite 200 Lemoyne, PA 17043 (717) 761-1274 Attorneys for Petitioner VERIFICATION I verify that the statements made in this Petition to Modify an Existing Custody Order are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsifications to authorities. Date: - tp _e? --?7 Michael J. Wine ?J APR 03 200704V JAMES PAUL BRANOFF and : IN THE COURT OF COMMON PLEAS OF MICHAEL J. WINE, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs VI. : NO. 2003-1840 CIVIL ACTION - LAW SHANNYN SNELL, : IN CUSTODY Defendant ORDER OF COURT AND NOW, this /,(*day of 2007, upon consideration of the attached Custody Conciliation Report, it ordered and directed as follows: 1. The caption shall be modified as indicated above to add Michael J. Wine as a Plaintiff. 2. The prior Order of Court dated May 22, 2003 shall remain in full force and affect as to the children, James Branoff and Alex Branoff. The Order of Court of May 22, 2003 shall be vacated as it applies to Blayke Snell. 3. The Father, Michael J. Wine and the Mother, Shannyn Snell, shall have shared legal custody of Blayke Snell, bom July 29, 1995. Each party 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 23 Pa.C.S. §5309, each party shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, and the residence address of the child and the other parent. To the extent one party has possession of any such records or information, that party shall be required to share the same, or copies thereof, with the other party within such reasonable time as to make the records and information of reasonable use to the other party. All parties shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each party shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parties including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each party 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 nights, and the like. The parties shall not attempt to alienate the affections of the minor child from the other parties. Day-to-day decisions shall be the responsibility of the party then having physical custody. With regard to emergency decisions which must be made, the party having physical custody of the minor child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, the party making the emergency decision shall inform the other of the emergency and consult with the other parent as soon as possible. Exhibit A 4. Primary physical custody of Blayke shall be with Michael J. Wine (hereinafter referred to as "Father"). 5. Hereinafter where it says "Mother" (Shannyn Snell) it shall be assumed that it shall also include the phrase "and/or James Paul Branoff (Step-father), as agreed between her and step-father." This does not include paragraph 3 above. 6. Mother shall have partial physical custody as follows: a. Alternating weekends from Friday at 6:00 p.m. to Sunday at 6:00 p.m. beginning April 20 -- 22, 2007. In addition, Mother shall havethe weekend of March 30 -- April 1, 2007; b. One day per week during the months that Blayke is on summer vacation; C. Such other times as the parties may agree. 6. Father shall have custody on Father's Day each year from Saturday at 6:00 p.m. until Sunday at 6:00 p.m. and Mother shall have custody on Mother's Day each year from Saturday at 6:00 p.m. to Sunday at 6:00 p.m. 7. The parties agree that all Monday holidays when the parent is off from work shall be spent with the parent who had the minor child for the Sunday immediately preceding the Monday holiday. The parties agree to alternate the following holidays: A. New Years Day from New Year's Eve at 6:00 p.m. to 6:00 p.m. New Years Day (with Mother in odd-numbered years and Father in even-numbered years); B. Easter from 6:00 p.m. Saturday to 6:00 p.m. Sunday (with Father in odd- numbered years and Mother in even-numbered years); C. July 4 at 9:00 a.m. to July 5 at 9:00 a.m. (with Mother in odd-numbered years and Father in even-numbered years); D. Child's birthday, July 29, from 9:00 a.m. to 8:00 p.m. (with Father in odd- numbered years and Mother in even-numbered years); E. Halloween Trick or Treat night from after school to 8:30 p.m. (If Halloween trick or treat night is different in the two municipalities where the parties reside then both parents may have the child for the trick or treat night in their local municipality) (with Mother in odd-numbered years and Father in even- numbered years); F. Thanksgiving from Wednesday after school to Sunday at 6:00 p.m. (with Father in odd-numbered years and Mother in even-numbered years); G. Christmas Eve at 1:00 p.m. to Christmas Day at 1:00 p.m. (with Mother in odd-numbered years and Father in even-numbered years); H. Christmas Day at 1:00 p.m. to 1:00 p.m. December 26 (with Father in odd- numbered years and Mother in even-numbered years). 8. The holiday schedule shall take precedence over the regular custody schedule. 9. Mother and Father each shall be entitled to have Blayke for three non- consecutive weeks of uninterrupted time each year with the week including that parent's weekend. The parent wishing to take the time shall provide the other parent at lust thirty (30) days written notice of the dates for the time with Blayke. First notice takes priority. ? . J 10. During any period of custody or partial custody the parties to this Order shall not possess or use any controlled substance, except under a doctor's care, and shall not consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this prohibition. 11. Each parent shall be entitled to reasonable telephone contact with the minor child when in the custody of the other parent. Further, Blayke's grandparents and siblings shall be entitled to reasonable telephone contact with Blayke. 12. The party receiving custody of the minor child shall be responsible for transportation; each party may designate an adult to provide the transportation; Blayke shall be picked up for Mother's periods of partial physical custody at 6:00 p.m. at Father's residence; and Blayke shall be picked up at maternal grandmother's residence at the end of Mother's periods of partial physical custody. 13. The parties shall refrain from making derogatory comments about the other parent in the presence of the minor child and to the extent possible shall prevent third parties from making such comments in the presence of the minor child. 14. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control Edward E. Guido, J. coley J. Beam, Esquire, for Father F. Blair, Esquire, for Mother x..1r2 n es Paul Branoff, pro se 135 East Dauphin Street Enola, PA 17025 'it Gu 0 g K? C 1 -3 MICHAEL J. WINE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2003-1840 CIVIL ACTION LAW SHANNYN SNELL AND JAMES PAUL BRANOFF IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, June 09, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, July 07, 2008 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ aq ue. ne M. Verne Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ya. all, v'? VA- I )UNnoo 10? c c `d 3?U 3Q JAMES PAUL BRANOFF and MICHAEL J. WINE, Plaintiffs V. SHANNYN SNELL, Defendant :IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-1840 CIVIL ACTION -- CUSTODY ANSWER TO PETITION TO MODIFY AN EXISTING CUSTODY ORDER WITH NEW MATTER IN THE FORM OF CONTEMPT AND REQUEST FOR PRIMARY PHYSICAL CUSTODY And now comes Shannyn Snell, by and through her attorney, Nora F. Blair, Esquire, files this Answer to Petition to Modify an Existing Custody Order with New Matter in the Form of Contempt and Request for Primary Physical Custody, and in support thereof avers as follows: 1. Admitted. 2. Admitted. Branoff shall be referred to in this pleading as "Step-Father". 3. Denied. It is specifically denied that Shannyn's address is unknown. To the contrary, Michael Wine is well aware of the address of Shannyn Snell which is 135 East Dauphin Street, Enola, Pennsylvania - the address used by the Court to mail the Order setting the custody conference. Shannon Snell shall be referred to in this pleading as "Mother" 4. Admitted. 5. Admitted with clarification. It is admitted that Step-Father and Mother were in a relationship for a number of years. By way of further response, Step-Father and Mother have two children together and Step-Father was the only father in Blayke Snell's life for many years. Further Step-Father was in locoparentisfor Blayke Snell as established by prior Court Orders in this matter. 6. Admitted. 7. Admitted. 8. Admitted. 9. Denied. Mother has no way of knowing the truth of this statement where, contrary to shared legal custody, Michael Wine did not contact her regarding any issues with their son or regarding any medical treatment of their son. It is specifically denied that the minor child was "transported to the crisis center in York, Pennsylvania, as a result of suicidal ideation". To the contrary, pursuant to an Authorization for release of medical records, counsel for Mother was informed by York Crisis Intervention that a telephone call was received indicating that the minor child had cut himself and said that he wanted to die; that the father stated that he would pick up the minor child at school and transport him to crisis; and that the father and the minor child never showed up. 10. Denied. Mother has no way of knowing the truth of this statement where, contrary to shared legal custody, Michael Wine did not contact her regarding any issues with their son or regarding any medical treatment of their son. Further, Shannon Snell was not contacted by the crisis center regarding her son's treatment. Strict proof is demanded at hearing. 11. Denied. Mother has no way of knowing the truth of this statement where, contrary to shared legal custody, Michael Wine did not contact her regarding any issues with their son or regarding any medical treatment of their son. Further, Mother was not contacted by Wellshap Behavioral Health regarding her son's treatment. By way of further response, Blayke Snell was with his mother and his mother's family on June 11, 2008. Father did contact maternal grandmother and indicated that Blayke had a dentist's appointment on June 9, 2008. Father picked up Blayke on June 9, 2008, and returned him to maternal grandmother on June 10, 2008. By way of further response, pursuant to an Authorization for release of medical records, counsel for Mother was informed by Wellspan Behavioral Health at York° Guidance Center that an appointment had been scheduled at Meadowlands for the minor child on January 25, 2008, but that appointment was canceled; that an appointment had been scheduled at Meadowlands for the minor child on June 5, 2008, but that appointment had been canceled; and that an appointment is scheduled at the Meadowlands for the minor child on July 8, 2008, with Nicole Sissonm, MSW, LCSW and not with a psychiatrist. 12. Denied. Mother has no way of knowing what Father believes. By way of further response, Mother believes and therefore avers that the problems for Blayke, if any, are likely a result of living in his Father's home and therefore a change in primary custody should be made. Blayke is a happy child when he is with Mother and Mother's family. 13. Denied. Mother has no way of knowing what Father believes. By way of further response, Mother believes and therefore avers that the problems for Blayke, if any, are likely a result of living in his Father's home and therefore a change in primary custody should be made. NEW MATTER IN THE FORM OF CONTEMPT AND REQUEST FOR PRIMARY PHYSICAL CUSTODY 14. Paragraphs one (1) through thirteen (13) of the answer above are incorporated herein as though set forth below. 15. As indicated in paragraph 7 of Father's Petition, Father and Mother share legal custody. 16. Contrary to shared legal custody, Father has not provided Mother with any information regarding medical issues for their son. 17. Contrary to shared legal custody, Father did not let Mother know that their son had suicidal ideation, if that was true. 18. Contrary to shared legal custody, Father did not let Mother know that there son was taken to the crisis center in York, Pennsylvania, if he was. 19. Contrary to shared legal custody, Father did not let Mother know that their son had an psychiatric evaluation scheduled at Wellspan Behavioral Health. 20. Contrary to shared legal custody, Father did not discuss with Mother any concerns about their son's well being. 21. Contrary to shared legal custody, Father has not provided Mother with any information regarding the minor child's school activities. 22. Mother recently learned that the minor child failed in school this year. 23. Contrary to shared legal custody, Father did not discuss any of son's difficulties in school with Mother. 24. Contrary to the custody schedule set forth in the custody order, Father has refused to follow the holiday schedule completely. 25. Mother has incurred significant fees and costs as a result of bringing this contempt action and will incur fees in proceeding with the contempt action. These fees and costs will total a minimum of $750.00 and may be higher depending on how the resolution is reached. 26. Mother is concerned that the minor child is so unhappy in Father's home. 27. Mother is concerned that the minor child is failing in school while in Father's home. 28. Mother believes and therefore avers that Father spends very little time with the minor child and that the minor child is supervised by and spends most of his time with Father's girlfriend/wife. 29. Mother believes and therefore avers that Mother, Step-Father and Mother's family will provide a more stable and nurturing environment for the minor child. 30. Mother believes and therefore avers that the minor child should no longer reside with Father primarily. WHEREFORE, Respondent respectfully requests that Your Honorable Court hold Michael Wine in contempt of the April 4, 2007, Order; require Michael J. Wine to pay Shannyn Snell's reasonable attorney fees and costs in bringing this contempt action; and grant Shannyn Snell primary physical and legal custody. Respectfully submitted, ?? DATED: 17 r ora . Blair Supreme Court ID #45513 5440 Jonestown Road Post Office Box 6216 Harrisburg, PA 17112-0216 (717) 541-1428 VERIFICATION I verify that the statement made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements therein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Dated: ? - 1-7- 00' JAMES PAULL BRANOFF and: IN THE COURT OF COMMON PLEAS, MICHAEL J. WINE, : CUMBERLAND COUNT', PENNSYLVANIA Plaintiffs V. SHANNYN SNELL, Defendant : NO. 2003-1840 : CIVIL ACTION -- CUSTODY CERTIFICATE OF SERVICE I hereby certify that I have this date served a copy of the Answer to Petition to Modify an Existing Custody Order with New Matter in the Form of Contempt and Request for Primary Physical Custody on the persons in the manner stated below which service satisfies the requirement of Pa.R.C.P. No. 440. SERVICE BY FIRST CLASS MAIL TO: Kelly M. Dick, Esquire 875 Market Street, Suite 200 Lemoyne, PA 17043 James Paul Branoff 135 East Dauphin Street Enola, PA 17025 Date: ?r 7- r/ Respectfully submitted, ora . Blair .?a }..?, "'r «.._ ? ?'? ?.1 '? -'-{ •? MICHAEL J. WINE, : IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2003-1840 CIVIL ACTION - LAW SHANNYN SNELL and JAMES PAUL BRANOFF, : CUSTODY Respondents AFFIDAVIT OF SERVICE I, Kelly M. Dick, Esquire, hereby certify that I served a copy of the attached Petition to Modify an Existing Custody Order upon the following individual by Certified Mail, Return Receipt Requested on the 16th day of June, 2008: A copy of the receipt is attached hereto. James Branoff 135 E. Dauphin Street Enola, PA 17025 Respectfully submitted, Supreme Court ID No. 93167 875 Market Street, Suite 200 Lemoyne, PA 17043 (717) 761-1274 Attorneys for Petitioner CARR COLI & ASSOCIATES, PC Kelly M. Di ,Esquire M ComPlete items 1, 2, and 3. Also complete •4hkted Delivery is deslred. Your name and address on the reverse 30 that We can return the card to you. ¦ Attach this card to the back of the mmailpiece, or on the front if space permits. Are 1C Agertt B. re Received c C. Dot DON nee ?tf AW7 1. ARk le Addressed to: D. la Y address di ww* from Komi? ? Yes If YES, enter delivery address below: 0 No James P. Branoff 135 East Dauphin Street Enola, PA 17025 $Pe*btW itAaa 3 Regmww Insured Mall O Ram. %OWPt MmhaWbe r 2. Amide titxnber; eU OW (Extra Fee) O ye s MWWW ---- trOf1ia°"'f0e7007 3020 0001 1089'---2-3-01- PS Form 3$11, February 2ppq DommW Return Rerrelpt 102595-0244-1540: r-1 0 M .• l? ru EE tr w 0 postage r-1 Certified Fee r9 C3 Return Receipt Fee Q (Endorsement Required) C3 Restricted Delivery Fee O (Endorsement Required) C3 lbtal Postage & Fees M I tTo --r. ce A JUL 0 8 2008 MICHAEL J. WINE, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-1840 CIVIL ACTION - LAW SHANNYN SNELL and JAMES : PAUL BRANOFF, : IN CUSTODY Respondents ORDER OF COURT AND NOW, this day of r+ , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. 3 , of the Cumberland County Court House, on the ' day of , 2008, at `7-'30 o'clock, A. M., at which time testimony will be taken. For purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Order of Court dated April 4, 2007 shall remain in full force and effect. 3. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. cc: Kelly M. Dick, Esquire, counsel for Father Nora F. Blair, Esquire, counsel for Mother James Paul Branoff, pro se 135 East Dauphin Street Enola, PA 17025 76/-1,371 7- iv- 0 8 41- J Edward E. Guido, J. VINVA?ASNN' d ao -0 wd o i inr eooz AdVJO,, }i-iiU6d 3141 dQ 3 jAf-` <fflu MICHAEL J. WINE, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-1840 CIVIL ACTION - LAW SHANNYN SNELL and JAMES : PAUL BRANOFF, Respondents : IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Blayke Snell July 29, 1995 Father 2. A Conciliation Conference was held July 7, 2008 with the following individuals in attendance: The Father, Michael J. Wine, with his counsel, Kelly M. Dick, Esquire, the Mother, Shannyn Snell, with her counsel, Nora F. Blair, Esquire and Step- Father, James Paul Branoff, pro se. 3. The Honorable Edward E. Guido previously entered an Order of Court dated April 4, 2007 providing for Mother and Father to have shared legal custody, Father having primary physical custody and Mother having alternating weekends, three weeks in the summer and one day during the week in the summer. Step-Father was to have physical custody as arranged with Mother. 4. Father's position on custody is as follows: Father seeks to maintain the status quo but to stop Maternal Grandmother from having physical contact with the child. (Mother permits Maternal Grandmother periods of visitation while the child is in Mother physical custody.) Father asserts that the child is having emotional problems due to Grandmother's inappropriate comments to the child. Crisis Intervention was called by school officials in May because the child was cutting himself. An evaluation is scheduled for 1:30 p.m. on July 8, 2008. Father asserts that until recently, Mother has lived in a motel and not exercised her periods of physical custody, but that Grandmother has cared for the child on alternating weekends. 5. Mother's position on custody is as follows: Mother seeks shared legal custody and primary physical custody of the child. She maintains that Father does not communicate with her about the child. She was not aware of the child meeting with Crisis Intervention. Mother asserts that she is exercising her periods of partial physical custody, but permits the child to visit Grandmother. Mother maintains that when the child lived with her he was a straight A student and now he is failing several subjects. Mother also asserts that there is inappropriate discipline in Father home. 6. Step-Father's position is as follows: Step-Father agrees with Mother's position. 7. The Conciliator recommends an Order in the form as attached scheduling a Hearing and maintaining the status quo. It is expected that the Hearing will require one-half day. -7 - -? -08 Date acq line M. Verney, Esquire Custody Conciliator MICHAEL J. WINE, Petitioner vs. SHANNYN SNELL and JAMES PAUL BRANOFF, Respondents IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003-1840 CIVIL ACTION - LAW : CUSTODY ANSWER TO DEFENDANT'S NEW MATTER IN THE FORM OF CONTEMPTAND REQUEST FOR PRIMARY PHYSICAL CUSTODY AND NOW, to wit, this 12'h day of August 2008, comes Petitioner, MICHAEL J. WINE, by and through his attorney Kelly M. Dick, Esquire, and files this Answer to Defendant's New Matter and avers as follows: 14. Paragraphs one (1) through thirteen (13) of Petitioner's original complaint are incorporated herein as though fully set forth below. 15. Admitted. 16. Denied. By way of further answer, Father has attempted to contact Respondent Snell on various occasions to discuss medical and educational components regarding their son; however, Respondent Snell has not kept Father informed of her whereabouts. Further, the child's maternal grandmother, Kathy Snell [hereinafter "Grandmother"], has told Father that he is to discuss with her any issues regarding the child. 17. Denied. By way of further answer, Respondent Snell has not kept Father informed of her whereabouts. 18. Denied. By way of further answer, Respondent Snell has not kept Father informed of her whereabouts. 19. Denied. By way of further answer, Respondent Snell has not kept Father informed of her whereabouts. 20. Denied. By way of further answer, Respondent Snell has not kept Father informed of her whereabouts. 21. Denied. By way of further answer, Respondent Snell has not kept Father informed of her whereabouts. 22. Denied. Father has no way of knowing if this statement is true. 23. Denied. By way of further answer, Respondent Snell has not kept Father informed of her whereabouts. 24. Denied. The averments of this paragraph constitute legal conclusions to which no response is deemed necessary. Should a response be necessary, after reasonable investigation, Father is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph and the same are therefore denied and strict proof thereof is demanded. 25. Denied. The averments of this paragraph constitute legal conclusions to which no response is deemed necessary. 26. Denied. Father has no way of knowing if this statement is true. 27. Denied. Father has no way of knowing if this statement is true. 28. Denied. The averments of this paragraph constitute legal conclusions to which no response is deemed necessary. Should a response be necessary, Father believes and avers that Respondent Snell and Respondent Branoff spend very little time with the child and that the child instead spends Respondent Snell's court-ordered periods of partial custody with Grandmother, who has not been granted in loco parentis status by any court. Further, Father works on average fifty (50) hours per week, and since Father's wife works out of the home, she acts as a caretaker to the minor child while Father is at work. 29. Denied. Father believes and avers that the child spends most of his time with his Grandmother rather than with Respondent Snell or Respondent Branoff. WHEREFORE, Petitioner requests that the Court deny Respondent's request for primary custody and contempt of court because it will be in the best interest of the Child. Respec lly submitted, BY: Kelly M. Dick, Esquire Supreme Court ID No. 93167 204 North George Street, Ste. 200 York, PA 17401 (717) 848-5522 Attorneys for Petitioner VERIFICATION I verify that the statements made in this Answer to Defendant's New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsifications to authorities. Date: 0 b ' Michael J. Wine CERTIFICATE OF SERVICE I, Kelly M. Dick, Esquire, hereby certify that I served a copy of the attached Answer to Defendant's New Matter upon the following individuals by First Class U.S. Prepaid Postage on the 12th day of August, 2008: Nora Blair, Esquire 5440 Jonestown Road P.O. Box 6216 Harrisburg, PA 17112 Attorney for Respondent Snell James Paul Branoff 135 East Dauphin Street Enola, PA 17025 Pro Se Respondent i Respectfully submitted, ky??-?,Esquire Supreme Court ID No. 93167 204 North George Street, Ste. 200 York, PA 17401 (717) 848-5522 Attorney for Petitioner t-, ?.? ?-. ? :a ? S t _ "?-?. :? ?? ? M ° . N ...,.. ?;? CP'. MICHAEL J. WINE, IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2003-1840 CIVIL ACTION - LAW SHANNYN SNELL and JAMES PAUL BRANOFF, Respondents CUSTODY ORDER OF COURT AND NOW, this 20th day of August, 2008, hearing in this matter is continued to Tuesday, September 23, 2008, at 11:30 a.m. The parties are directed to forthwith have the child evaluated by Dr. Kasey Shienvold and to follow any counseling recommendations he makes. We will be looking to hear from Dr. Shienvold as far as his input on the custodial situation at the rescheduled hearing. As indicated, we will take Dr. Shienvold's testimony by phone. y4e'lly M. Dick, Esquire For the Petitioner aol ra F. Blair, Esquire For Respondent Shannyn Snell ./ames Paul Branoff Respondent, pro se srs By the Court, [[ ????}} r?? C -J: , C! ;g 14V 1 Z SO OUR JAMES PAUL BRANOFF IN THE COURT OF COMMON PLEAS OF And MICHAEL J. WINE CUMBERLAND COUNTY, PENNSYLVANIA V. SHANNYN SNELL : NO. 2003 -1840 CIVIL TERM ORDER OF COURT AND NOW, this 21sT day of AUGUST, 2008, The Children's Advocacy Clinic is hereby court appointed guardian ad litem to represent the juvenile (BLAYKE SNELL) in the above captioned matter. The Guardian ad litem is hereby authorized, pursuant to 42 Pa.C.S.A. § 6311(B)(4), to timely access to all relevant court and Children and Youth records, reports of examination of the parents or other custodian of the child and medical, psychological and school records. This order shall act as an Entry of Appearance for Lucy Johnston-Walsh, Esquire, whose office address and telephone number is as follows: The Children's Advocacy Clinic Lucy Johnston-Walsh, Esquire 45 North Pitt Street Carlisle, Pennsylvania 17013 (717) 243-2968 Supreme Ct # 80296 y the Co , Edward E. Guido, J. The Children's Advocacy Clinic ?Lucy Johnston-Walsh, Esquire Aelly Dick, Esquire 204 North George Street - Suite 200 York, Pa. 17401 Aora Blair, Esquire 5440 Jonestown Rd. P.O. Box 6216 Harrisburg, Pa. 17112 J WV 9z 9nv OCR :ha JAMES PAUL BRANOFF : IN THE COURT OF COMMON PLEAS OF and MICHAEL J. WINE, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs ; V. : CIVIL ACTION - LAW IN CUSTODY SHANNYN SNELL, Defendant : NO. 2003-1840 CIVIL TERM MOTION FOR CONTINUANCE AND NOW, this 22°d day of September, 2008, comes the Children's Advocacy Clinic as Guardian Ad Litem for the minor child in the above-captioned matter to request the following: 1. A hearing in this matter is scheduled for September 23, 2008 before the Honorable Edward E. Guido, by Order of Court dated August 20, 2008. 2. The Honorable Edward E. Guido appointed the Children's Advocacy Clinic as Guardian Ad Litem to represent the minor child subject of these custody proceedings, Blayke Snell, by Order of Court dated August 21, 2008. 2. The Guardian Ad Litem is seeking a continuance because the Honorable Edward E. Guido ordered Dr. Kasey Shienvold to complete an evaluation on Blayke Snell. Dr. Shienvold completed his evaluation and recommended that the child undergo a psychiatric evaluation. An appointment has been scheduled for the minor child to see a psychiatrist on October 3, 2008. 3. The Guardian Ad Litem believes that it is not in the child's best interests to proceed with the custody hearing without the results of the psychiatric evaluation. t 4. The Guardian Ad Litem requests that this Honorable Court continue the hearing until after the results of the psychiatric evaluation are available, at some date after October 15, 2008. 5. Pursuant to C.C.R.P. 208.2(d), the Guardian Ad Litem has sought and received the concurrence of counsel for Plaintiff Michael Wine, Kelly Dick, and counsel for Defendant Shannyn Snell, Nora Blair. WHEREFORE, the Guardian Ad Litem for minor child, Blayke Snell, requests that the custody hearing for Blayke Snell be continued from September 23, 2008 to some date after October 15th, 2008. Respectfully Submitted, Date: September 22, 2005 ?I? o.-?" . ucy Jo t -Walsh, Esq. Guardian Ad Litem CHILDREN'S ADVOCACY CLINIC 45 North Pitt Street Carlisle, PA 17013 (717)243-2968 Fax: (717) 243-3639 JAMES PAUL BRANOFF, : IN THE COURT OF COMMON PLEAS OF and MICHAEL J. WINE, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : CIVIL ACTION - LAW IN CUSTODY SHANNYN SNELL, Defendant : NO. 2003-1480 CIVIL TERM CERTIFICATE OF SERVICE AND NOW, this 22nd day of September, 2008, I, Lucy Johnston-Walsh, hereby certify that I served a true and correct copy of the foregoing Motion for Continuance on the following parties via facsimile: Nora Blair, Esq., Counsel for Plaintiff (717) 541-1429 Kelly M. Dick, Esq., Counsel for Defendant (717) 848-5523 ?tJ ucy J s n-Walsh, Esq. Guardian Ad Litem for minor child Children's Advocacy Clinic 45 N. Pitt Street Carlisle, PA 17013 P: 717-243-2968 F: 717-243-3639 ?1 ? ? ?? ?? ,? =? . ' ? d ? "?:. JAMES PAUL BRANOFF, and MICHAEL J. WINE Plaintiffs V. SHANNYN SNELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY : NO. 2003-1840 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow the minor child, Blayke Snell, to proceed in forma pauperis. The Children's Advocacy Court was appointed as Guardian Ad Litem for minor child, Blayke Snell, by Order of Court, dated August 21, 2008. The Children's Advocacy Clinic, Guardian Ad Litem, for the minor child, proceeding in forma pauperis, certifies that we believe the child is unable to pay the costs and that we are providing free legal service to the child. Date Z b Respectfully submitted, L CY STON-WALSH Guardi Ad Litem for Minor Child CHILDREN'S ADVOCACY CLINIC 45 North Pitt Street Carlisle, PA 17013 P: 717-243-2968 F: 717-243-3639 ? L!4 /? V ? 4' • ? ? ? ?.y? ?.r`L ?r ,t 4 ? ?? ? ? ?} SEp 2 2 2008 JAMES PAUL BRANOFF, : IN THE COURT OF COMMON PLEAS OF and MICHAEL J. WINE, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : V. : CIVIL ACTION - LAW IN CUSTODY SHANNYN SNELL, Defendant : NO. 2003-4489 - CIVIL TERM ORDER OF COURT AND NOW, this ?# day of , 2008, upon consideration of the attached Motion, the Motion for Continuance is GRANTED. The hearing in the above-captioned matter is rescheduled for 3o day of BY T T: Edward E. Guido, J. stribution: wo" Lucy Johnston-Walsh, Esq. and Amanda Franzen, Guardian Ad Litem for Minor Child, Children's Advocacy Clinic, 45 N. Pitt Street, Carlisle, PA 17013 ? Nora Blair, Esq., Attorney for Defendant 5440 Jonestown Road, P.O. Box 6216, Harrisburg, PA 17112 ? Kelly M. Dick, Esq., Attorney for Plaintiff 204 North George Street, Ste. 200, York, PA 17401 "T gas I 9/a3 (0 8 ?,- ? N r U JAMES PAUL BRANOFF AND, MICHAEL J. WINE, Plaintiffs V. SHANNYN SNELL Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. 2003-1840 MOTION TO SCHEDULE A CUSTODY HEARING AND NOW, to wit, this 7th day of April, 2009, comes Plaintiff, MICHAEL J. WINE, by and through his attorney, Kelly M. Dick, Esquire, and files this Motion to Schedule a Custody Hearing and respectfully represents the following: 1. Blayke Snell is a male child, age thirteen years (DOB 7/29/95) who resides primarily with the Plaintiff, Michael J. Wine. 2. The father of the minor child is Michael J. Wine, who currently resides at 3253 Staunton Avenue, Dover, York County, Pennsylvania 17315. 3. The mother of the minor child is Shannyn Snell, who is reported to reside at 135 East Dauphin Street, Enola, Cumberland County, Pennsylvania 17025. 4. Plaintiff filed a Petition to Modify an Existing Court Order on June 5, 2008, requesting a reduction in mother's periods of partial custody as a result of certain negative behaviors exhibited by the child. 5. On or about July 7, 2008, Defendant filed an Answer with New Matter in the Form of Contempt and Request for Primary Physical Custody. 6. The parties attended a conciliation conference before Jacqueline M. Verney, Esquire, on July 7, 2008, whereby an agreement could not be reached. 7. A custody hearing was held before your Honor on August 20, 2008, and was subsequently continued until October 30, 2008, so that a psychological evaluation could be performed on the child. 8. A psychological evaluation was performed by Dr. Kasey Sheinvold on August 27, 2008 and a recommendation was made that the child undergo a psychiatric evaluation. On October 3, 2008, a psychiatric evaluation was completed by Dr. Sudhakumar Madapoosi, and he recommended medication and individual counseling. 9. Based upon the results of the evaluations and the recommendation of the Guardian Ad Litem that the child remain in the primary physical custody of the Plaintiff, the parties attempted to work out an agreement; however, after several attempts, an agreement could not be reached. 10. Plaintiff is requesting that mother's periods of partial physical custody be reduced and that the holiday schedule be changed to accommodate the custody schedule of the child's step- brother. 11. Plaintiff is also requesting that James Paul Branoff s name be stricken from the current custody order. WHEREFORE, Plaintiff prays Your Honorable Court to schedule a hearing in this matter to determine what is in the best interests of the child. Respectfully submitted, By: < t, Kelly Mc ey Dick, Es ire Supreme Court ID. No. 93167 875 Market Street, Suite 200 Lemoyne, PA 17043 (717) 761-1274 Attorney for Plaintiff VERIFICATION I verify that the statements made in this Motion to Schedule a Custody Hearing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsifications to authorities. Date: " cj -© A50 Michael Wine I It CERTIFICATE OF SERVICE I, Kelly M. Dick, Esquire, hereby certify that I served a copy of the attached Motion to Schedule a Custody Hearing upon the following individuals by First Class U.S. Prepaid Postage on the 7`h day of April, 2009: Nora Blair, Esquire Lucy Johnston-Walsh, Esquire and Amanda 5440 Jonestown Road Franzen P.O. Box 6216 Children's Advocacy Clinic Harrisburg, PA 17112 45 N. Pitt Street Attorney for Defendant Carlisle, PA 17013 Guardian Ad Litem James Paul Branoff 135 East Dauphin Street Enola, PA 17025 Pro Se Plaintiff Respectfully submitted, BY: .Z)I Kelly . D' , Esquire Supreme Court ID No. 93167 204 North George Street, Ste. 200 York, PA 17401 (717) 848-5522 Attorney for Plaintiff Wine o C? r? 4r q' L n :?G APR 0 8 2000 JAMES PAUL BRANOFF MICHAEL J. WINE, Plain V. SHANNYN SNELL Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW IN CUSTODY : NO. 2003-1840 A AND NOW, TO Motion to Schedule a 1. A Custody I'' Q CALm in Pennsylvania, 1 D' ribution: ucy Johnston-Walsh, Esc Children's Advoci ra Blair, Esquire, Attoi 5440 Jonestown R Xelly M. Dick, Attorney f 204 North George Xa'tnes Paul Branoff, 135 1 this 1 day of &$11? , 2009, upon consideration of the i Hearing it is hereby DIRECTED and O.?RDDERED that: is hereby scheduled for , the / day of , 2009, at ;ourt Room No. 3, Cumberland County Courthouse, Carlisle, 13, before the Honorable Edward E. Guido, Judge. ire and Amanda Franzen, Guardian Ad Litem for Minor Child, i Clinic, 45 N. Pitt Street, Carlisle, PA 17013 y for Defendant Ld, P.O. Box 6216, Harrisburg, PA 17112 Plaintiff, Michael J. Wine xeet, Suite 200, York, PA 17401 st Dauphin Street, Enola, PA 17025 Edward E. Guido, Judge S c ..01 wv tuw fioQ Ai'dll'??'?+ HI. dd ?O Q? JAMES PAUL BRANOFF AND : IN THE COURT OF COMMON PLEAS OF MICHAEL J. WINE, Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY SHANNYN SNELL, Defendant. : NO. 2003-1840 CIVIL TERM ORDER OF COURT The parties, Michael J. Wine, Plaintiff, hereinafter Father, and Shannyn Snell, hereinafter Mother, agreed this 17th day of June, 2009, that the following custody agreement shall be made an Order of Court, concerning the custody of their child: Blayke Snell, born July 29, 1995. Mother and Father desire to enter into an agreement as to the custody of the child. Mother and Father agree to the following. 1. The prior Order of Court dated May 22, 2003 shall remain in full force and effect as to the children, James Branoff and Alex Branoff. The order of May 22, 2003 shall be vacated as it applies to Blayke Snell. The prior Order of Court dated April 4, 2007 shall be vacated. 2. Mother and Father shall share legal custody of the child. Each party 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 23 Pa.C.S. §5309, each party shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, and the residence address of the child and the other parent. To the extent that one party has possession of any such records or information, that party shall be required to share the same, or copies thereof, with the other party within such reasonable time as to make the records and information of reasonable use to the other party. All parties shall be entitled to full participation in all educational and medical treatment planning meetings and evaluations with regard to the minor child. Each party shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parties including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each party 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 nights, etc. Day-to-day decisions shall be the responsibility of the party who has physical custody. With regard to emergency decisions which must be made, the party leaving physical custody of the minor child at the time of the emergency shall be permitted to make any necessary, immediate decisions. However, the party making the emergency decision shall inform the other of the emergency and consult with the other parent as soon as possible. 3. Father shall have primary physical custody of the child. 4. Mother shall have periods of partial physical custody of the child as follows: a. Alternating weekends from Friday at 6:00 PM to Sunday at 6:00 PM. Mother shall have custody of the child for extended weekend periods during the summer school holiday period beginning Thursdays at 6:00 PM and ending Monday at 6:00 PM. b. During the summer school vacation period, Mother shall be entitled to have custody of the child for three uninterrupted weeks with no more than two consecutive weeks each summer. Mother shall provide Father at least twenty days written notice of the dates for her scheduled weeks. If Father plans a vacation, Father shall provide Mother with twenty days written notice of any scheduled trips. The summer holidays referenced in paragraphs 6(d) and 6(e) takes precedence over this subsection. The uninterrupted weeks shall begin Friday at 6:00 PM and continue through the following Friday at 6:00 PM. Beginning in 2010, the uninterrupted week shall begin on that parent's custodial weekend. c. If there is a school holiday on the Friday before the Mother's weekend of custody or the Monday following Mother's weekend of custody, Mother shall have custody of the child for that additional day, 5. Father shall have custody on Father's Day each year from the Saturday before Father's Day at 6:00 PM until Sunday at 6:00 PM and Mother shall have custody on Mother's Day each year from Saturday before Mother'sOay at 6:00 PM until Sunday at 6:00 PM 6. The parties agree to alternate the following holidays: a. New Years Day from New Years Eve at 6:00 PM to 6:00 PM New Years Day (with Mother in odd-numbered years and Father in even- numbered years); b. Easter from 6:00 PM Saturday to 6:00 PM Sunday (with Father in odd- numbered years and Mother in even-numbered years); c. Memorial Day from 9:30 AM to 8:00 PM (with Father in odd- numbered years and Mother in even-numbered years); d. July 4 at 9:30 AM to July 5 at 9:30 AM (with Mother in odd-numbered years and Father in even-numbered years); e. Child's birthday, July 29, from 9:30 AM to 8:00 PM (with Father in odd-numbered years and Mother in even-numbered years); f. Labor Day from 9:30 AM to 8:00 PM (with Father in odd-numbered years and Mother in even-numbered years); g. Thanksgiving from Wednesday after school to Sunday at 6:00 PM (with Father in even-numbered years and Mother in odd-numbered years); h. Christmas Eve Day at 1:00 PM to Christmas Day at 1:00 PM (with Mother in even-numbered years and Father in odd-numbered years); i. Christmas Day at 1:00 PM to December 26 at 1:00 PM (with Father in even-numbered years and Mother in odd-numbered years). j. Mother shall have custody of the child for an additional three-day, two-overnight period during the Christmas school holiday. The period of time shall begin at 6:00 PM, either before or following mother's custodial weekend period, in accordance with school holiday schedules. k. The holiday schedule shall take precedence over the regular custody schedule. 7. During any period of custody or partial custody the parties to this Order shall not possess or use any controlled substance, except under a doctor's care, and shall not consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this prohibition. 8. Each parent shall be entitled to reasonable telephone contact with the minor child when in the custody of the other parent. 9. The party receiving custody of the minor child shall be responsible for transportation; each party may designate an adult to provide the transportation. 10. Both parties shall comply with the child's prescribed medication regimen. 11. Neither parent will do anything which may estrange the child from the other party, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love and respect for the other parent. 12. If either party does not anticipate being with the child for a continuous period of 24 hours or more, the party will notify the other parent so that the other parent may assume custody. 13. The parties intend to be bound by the terms of this agreement and intend for this Agreement to be made an Order of Court. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, a'i/G. L/a"& /Y AOV9 cc,5lly McNaney Dick, Esq., for Father /Nora F. Blair, Esq., for Mother ,-C'h'ildren's Advocacy Clinic, GAL for minor child CoPL4 G.?! elo 9 rawara h. Guido, J. F LED THE P"' "17 Fly 2009 ju" 13 A IJ: t,