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HomeMy WebLinkAbout01-0479 FXNAT N C. WOLF, ESQUIRE ATT RNEY ID NO. 87380 35 AST HIGH STREET C LISLE PA 17013 ( 17)343-6090 A ORNEY FOR PLAINTIFF MICHAEL J. REIGLE, Plaintiff VS. MELODIE A. REIGLE, AUG 1 5 2003 (r : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW 2001-0479 CIVIL TERM Defendant: IN CUSTODY PRE-TRIAL MEMORANDUM OF PLAINTIFF MICHAEL J. REIGLE Plaintiff, Michael J. Reigle through his counsel, Nathan C. Wolf, Esquire, submits to this Honorable Court the following pre-trial memorandum for consideration: 1. FACTUAL BACKGROUND Father believes that it is in the best interests of the children for them to have a close and significant relationship with both parents. Father has strived to establish an environment in which he tries to provide them with some stability through the dissolution of the parties' marriage. Before the parties' separation, Mother was the primary caretaker of the children. However, Father assumed the role of primary caretaker beginning in January of 2001, after Mother left Father and moved to New Jersey, and then again, after a three (3) week long unsuccessful attempt at reconciliation, Mother left for New Jersey again in July of 2001. In Father's role as primary caretaker of the children, he continues to be responsible for their educational progress and their overall health and welfare. It is believed that the Mother's position and behavior with regard to the children in this matter represent nothing more than an attempt by Mother to disrupt the lives of the children by moving them to New Jersey and away from their Father's home and both Father's and Mother's families. Mother's move to New Jersey was predicated by her meeting her current boyfriend Scott Barnacz (hereinafter Barnacz) over the internet, taking the children to New Jersey for two days to meet this Barnacz for the first time in December of 2000 without even having met this man herself. The parties' attempted reconciliation in June of 2001 followed Mother's return to Father's home one day after having been assaulted by Barnacz, the same boyfriend she now lives with and seeks to expose the children to on a full-time basis. The reconciliation attempts failed after Father discovered that Mother continued to have an ongoing relationship with Barnacz while she was still living with Father here in Pennsylvania. Mother's modification petition was based upon allegations of abuse, or at least, stern discipline, that she reported as abuse to the children's school. Ultimately the school counselor interviewed the children and was satisfied from the results of her discussions with them that no real threat of danger to the children existed. II. FATHER'S POSITION WITH RESPECT TO CUSTODY OF THE CHILDREN: Father is active in his children's education, attending all parent conferences, and by being involved in their daily activities, as much as his work schedule permits. Father believes that the children's permanent welfare and best interests would be best served by an order of court that continues to provide for primary physical custody of the children with Father and continuing Mother's periods of partial physical custody as set forth in the July 15, 2002 Order. Ultimately, Father believes that if the children are placed in the primary care of their Mother, that their schoolwork and emotional progress will be severely disrupted. Father's position is that he is better equipped to provide the children with a stable environment in which to live, especially during the school year. III. WITNESSES: PLAINTIFF MICHAEL J. REIGLE Will testify as to details involving the relationship between the parties and the current situation as it relates to the children and their lives. Will testify about her concerns regarding the children when they are in the Mother's care. CHRISTINE VAUGHN (PLAINTIFF'S GIRLFRIEND) Will testify about her role in the children's lives and her observations regarding their well-being while in the care of the Father and the environment in which the children are cared for. DEB SALEM (CUSTODY EVALUATOR) Listed by both parties as a potential witness, despite the fact that Ms. Salem's report is, to date, not completed. Counsel for the parties are scheduled to have a conference call with Ms. Salem on August 18, 2003. Father reserves the right to call Ms. Salem as a witness if he deems necessary. DARLENE DARR (PATERNAL GRANDMOTHER) Will testify about Father's role in the children's lives since Mother left the Father and the children and moved to New Jersey. This witness, if called, will also offer testimony regarding events she has seen and heard involving both parents and the level of care and concern the Father has demonstrated in raising the children. IV. OTHER WITNESSES: Plaintiff reserves the right to amend and supplement his list of witnesses as necessary prior to hearing. Respectfully Submitted, Date: August 15, 2003 1 Naha If, Esquire orney r Plaintiff ? upr a Court ID #87380 35- ast High Street, Suite 2011202 Carlisle, PA 17013 (717) 243-6090 NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF MICHAEL J. REIGLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Vs. : CIVIL ACTION - LAW MELODIE A. REIGLE, : 2001-0479 CIVIL TERM Defendant: IN CUSTODY CERTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire, have on this date served a true and correct copy of Plaintiffs Pre-Trial Memorandum upon the following parties and in the matter indicated: SERVICE BY U.S. MAIL: Carol J. Lindsay, Esquire SAIDIS SHUFF FLOWER & LINDSAY 26 WEST HIGH STREET CARLISLE, PA 17013 (For Defendant) August 15, 2003 NATHAN C. WOLF, ESQUIRE Attomey-ro-r Plaintiff 35 East High Street, Suites 201/202 Carlisle, Pennsylvania 17013-3052 (717) 243-6090 Supreme Court I.D. No. 87380 NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-0090 ATTORNEY FOR PLAINTIFF MICHAEL J. REIGLE, Plaintiff VS. MELODIE A. REIGLE, AUG 1 b 2003 t, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW 2001-0479 CIVIL TERM Defendant: IN CUSTODY PRE-TRIAL MEMORANDUM OF PLAINTIFF MICHAEL J. REIGLE Plaintiff, Michael J. Reigle through his counsel, Nathan C. Wolf, Esquire, submits to this Honorable Court the following pre-trial memorandum for consideration: 1. FACTUAL BACKGROUND Father believes that it is in the best interests of the children for them to have a close and significant relationship with both parents. Father has strived to establish an environment in which he tries to provide them with some stability through the dissolution of the parties' marriage. Before the parties' separation, Mother was the primary caretaker of the children. However, Father assumed the role of primary caretaker beginning in January of 2001, after Mother left Father and moved to New Jersey, and then again, after a three (3) week long unsuccessful attempt at reconciliation, Mother left for New Jersey again in July of 2001. In Father's role as primary caretaker of the children, he continues to be responsible for their educational progress and their overall health and welfare. It is believed that the Mother's position and behavior with regard to the children in this matter represent nothing more than an attempt by Mother to disrupt the lives of the children by moving them to New Jersey and away from their Father's home and both Father's and Mother's families. Mother's move to New Jersey was predicated by her meeting her current boyfriend Scott Barnacz (hereinafter Barnacz) over the internet, taking the children to New Jersey for two days to meet this Barnacz for the first time in December of 2000 without even having met this man herself. The parties' attempted reconciliation in June of 2001 followed Mother's return to Father's home one day after having been assaulted by Barnacz, the same boyfriend she now lives with and seeks to expose the children to on a full-time basis. The reconciliation attempts failed after Father discovered that Mother continued to have an ongoing relationship with Barnacz while she was still living with Father here in Pennsylvania. Mother's modification petition was based upon allegations of abuse, or at least, stern discipline, that she reported as abuse to the children's school. Ultimately the school counselor interviewed the children and was satisfied from the results of her discussions with them that no real threat of danger to the children existed. II. FATHER'S POSITION WITH RESPECT TO CUSTODY OF THE CHILDREN: Father is active in his children's education, attending all parent conferences, and by being involved in their daily activities, as much as his work schedule permits. Father believes that the children's permanent welfare and best interests would be best served by an order of court that continues to provide for primary physical custody of the children with Father and continuing Mother's periods of partial physical custody as set forth in the July 15, 2002 Order. Ultimately, Father believes that if the children are placed in the primary care of their Mother, that their schoolwork and emotional progress will be severely disrupted. Father's position is that he is better equipped to provide the children with a stable environment in which to live, especially during the school year. III. WITNESSES: PLAINTIFF MICHAEL J. REIGLE Will testify as to details involving the relationship between the parties and the current situation as it relates to the children and their lives. Will testify about her concerns regarding the children when they are in the Mother's care. CHRISTINE VAUGHN (PLAINTIFF'S GIRLFRIEND) Will testify about her role in the children's lives and her observations regarding their well-being while in the care of the Father and the environment in which the children are cared for. DEB SALEM (CUSTODY EVALUATOR) Listed by both parties as a potential witness, despite the fact that Ms. Salem's report is, to date, not completed. Counsel for the parties are scheduled to have a conference call with Ms. Salem on August 18, 2003. Father reserves the right to call Ms. Salem as a witness if he deems necessary. DARLENE DARR (PATERNAL GRANDMOTHER) Will testify about Father's role in the children's lives since Mother left the Father and the children and moved to New Jersey. This witness, if called, will also offer testimony regarding events she has seen and heard involving both parents and the level of care and concern the Father has demonstrated in raising the children. IV. OTHER WITNESSES: Plaintiff reserves the right to amend and supplement his list of witnesses as necessary prior to hearing. Respectfully Submitted, Date: August 15, 2003 rvatna wt, tsquire ?kftorney,fdr Plaintiff upr a Court ID #87380 35-East High Street, Suite 201/202 Carlisle, PA 17013 (717) 243-6090 NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF MICHAEL J. REIGLE, Plaintiff Vs. MELODIE A. REIGLE, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : 2001-0479 CIVIL TERM Defendant: IN CUSTODY CERTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire, have on this date served a true and correct copy of Plaintiffs Pre-Trial Memorandum upon the following parties and in the matter indicated: SERVICE BY U.S. MAIL: Carol J. Lindsay, Esquire SAIDIS SHUFF FLOWER & LINDSAY 26 WEST HIGH STREET CARLISLE, PA 17013 (For Defendant) August 15, 2003 NATHAN C. WOLF, ESQUIRE Attorneyfor Plaintiff 35 East High Street, Suites 2011202 Carlisle, Pennsylvania 17013-3052 (717) 243-6090 Supreme Court I.D. No. 87380 MICHAEL J. REIGLE, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF/RESPONDENT : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION -LAW : NO. 01-479 CIVIL TERM MELODIE A. REIGLE, DEFENDANT/PETITIONER IN CUSTODY ORDER OF COURT AND now, this day of 2002, upon consideration of the attached Motion, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at on the day of 2002, at o'clock . m. for a pre-hearing custody conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. For the Court, By: Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County, Pennsylvania, is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. By the Court, J. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA MICHAEL J. REIGLE, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF/RESPONDENT : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION -LAW : NO. 01-479 CIVIL TERM MELODIE A. REIGLE, DEFENDANT/PETITIONER IN CUSTODY ORDER OF COURT AND now, this day of 2003, upon consideration of the attached Motion, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at on the day of 2003, at o'clock . m. for a pre-hearing custody conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. For the Court, By: Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 SAIDIS SHUFF, FLOWER & LINDSAY ATMILNUS•ATLAW 26 W. High Street Carlisle, PA AMERICANS WITH DISABILITIES ACT OF 1990 SAIDIS SNUFF, FLOWER & LINDSAY The Court of Common Pleas of Cumberland County, Pennsylvania, is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. Date: By the Court, J. 26 W. High Street Carlisle, PA MICHAEL J. REIGLE, PLAINTIFF/RESPOND ENT vs. MELODIE A. REIGLE, DEFENDANT/PETITIONER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-479 CIVIL TERM IN CUSTODY PRE-TRIAL MEMORANDUM BACKGROUND: The parties hereto were married on March 16, 1995 and separated in June, 2001. They are the parents of three children; Kelsey Ann Reigle, born October 6, 1995; Clayton Michael Reigle, born July 9, 1997; and Kamryn Marie Reigle, born September 9, 1999. The parties' separation in June 2001 was preceded by a period of separation in January 2001. During that period of separation, the Court entered an Order for custody providing primary physical custody to Michael J. Reigle, hereinafter Father, and partial custody to Melodie A. Reigle, hereinafter Mother. A copy of the January 25, 2001 Court Order is attached hereto as Exhibit "A". On June 13, 2002, Mother filed a Petition for contempt and modification of the SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, PA Court Order alleging that she had been cut off from the children by Father and was unable to see them. On July 15, 2002, this Court entered an Order vacating the January 25, 2001 Order and providing primary physical custody to Father with partial custody in Mother on alternating weekends during the school year and equal time during the summer. A copy of the July 15, 2002 Order is attached hereto as Exhibit "B". On March 19, 2003, Mother filed a Petition for modification of the Court Order based on her concerns for the physical safety of the children, the repeated refusal by Father to permit her to speak with the children and other negative influences in Father's household. A conciliation conference was held on April 24, 2003 after which a hearing was set for August 21, 2003. Additionally, the parties agreed to submit themselves and the children to a brief evaluation by Deb Salem of InterWorks. WITNESSES: 1. Melodie Reigle, Mother, will testify on behalf of the children about her concerns for them and their best interests. 2. Scott Barnacz, Mother's boyfriend, will testify regarding his relationship with the children and that of Mother. 3. Deb Salem. Ms. Salem's report has not yet been provided, but Mother may decide to call her as a witness and reserves the right to do so. 4. Douglas Meals, Paternal Grandfather, who has had ongoing contact with the children at all relevant times. PROPOSED RESOLUTION: Transfer primary physical custody from Father to Mother. Respectfully submitted, SAIDIS SHUF$ FLOWER SAIDIS, SHUFF, FLOWER & LINDSAY & LINDSAY ATTORNEYS FOR DEFENDANT ATPORNEYS•AT•LAW 26 W. High Street Carlisle, PA BY: CAROL J. LIN Y, ESQUIRE ID# 44693 26 WEST HIGH STREET CARLISLE, PA 17013 (717) 243-6222 MICHAEL J. REIGLE, PLAINTI FF/RESPON DENT vs. MELODIE A. REIGLE, DEFENDANT/PETITIONER CERTIFICATE OF SERVICE AND now, this 1 day of wa 2003, I, Carol J. Lindsay, Esquire, of the law firm of S IDIS, SHUFF, FLOWER & LINDSAY, Attorneys, hereby certify that I served the within Defendant's Pre-Trial Memorandum this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-479 CIVIL TERM IN CUSTODY Nathan C. Wolf, Esquire Irwin Law Office 35 East High Street Carlisle, PA 17103 SAIDIS SHUFF, FLOWER & LINDSAY SAIDIS, SHUFF, FLOWER & LINDSAY ATTORNEYS FOR DEFENDANT BY: 26 West High Street Carlisle, PA 17013 (717) 243-6222 26 W. High Street Carlisle, PA CIVIL ACTION - LAW MICHAEL J. REIGLE, Plaintiff V. MELODIE A. REIGLE, Defendant NO.Q(-7f l IN CUSTODY ORDER OF COURT Civil Term 3rfN AND NOW, this P> day of , 2001, upon consideration of the attached Stipulation for Entry of a Custody Order, IT IS HEREBY ORDERED AND DECREED that custody and partial custody with respect to the minor children: KELSEY ANN REIGLE, born October 6,1995; CLAYTON MICHAEL REIGLE, born July 9, 1997; land KAMRYN MARIE REIGLE, born September 9, 1999, is awarded as follows: The parents shall share legal custody of the minor children. FATHER shall have primary physical custody of the minor children. MOTHER shall have partial physical custody of the minor children every weekend from Friday evening until Sunday evening. The specific times for the transfer of custody shall be as the parents can agree. In the event that the parents cannot agree, the hours shall be from 7:00 p.m. on Friday until 7:00 p.m. on Sunday. MOTHER understands that FATHER may request an occasional weekend with the minor children, and she agrees not to unreasonably refuse his request. I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA 4. Until MOTHER establishes employment and a residence that is suitable for the children in New Jersey, MOTHER shall exercise her periods of partial physical custody of the children in' Pennsylvania at FATHER's home or at a mutually agreeable alternate location. After MOTHER establishes employment and a residence that is suitable for the children in New Jersey, the parents shall modify this agreement to allow MOTHER to enjoy her periods of physical custody of the children in her home in New Jersey. In the event that they cannot agree that MOTHER's residence is suitable for the children, the parents shall continue with the above custody schedule, and shall list this matter before the Custody Conciliator and attempt to expedite the hearing of the case. The parents shall share or alternate holidays as can be mutually agreed between them. With respect to the Christmas holiday, the parents shall each have time with the children on Christmas Day. 6. MOTHER shall have the Mother's Day weekend and FATHER shall have the Father's Day weekend from 7:00 p.m. Friday until 7:00 p.m. Sunday. 7. MOTHER and FATHER may each enjoy a period of one (1) uninterrupted week with the children each year so long as he or she provides the other with at least sixty (60) days written notice of her/his intention to exercise this period of vacation custody. Each parent shall advise the other in writing of dates, times, location and a means of contact in the event that the vacation will be taken away from either parent's home. 8. MOTHER shall have partial physical custody of the minor children at such other times as may be mutually agreed upon between the parents. 9. FATHER shall not unreasonably withhold from MOTHER rights of partial physical custody or visitation. 10. MOTHER shall be responsible for transportation during custody transfers while she is enjoying herperiods ofpartial custody in Pennsylvania. At such time as MOTHER begins her periods of partial custody in New Jersey, the parents shall negotiate a shared transportation schedule for custody transfers. 11. By mutual consent of the parents, a revised schedule maybe agreed upon between them for and in the best interests of the minor children, 12. Both parents shall permit reasonable telephone access between the children and the other parent. 13. This Order shall replace and supercede any and all prior Orders of Court or agreements between the parties. 14. This Order shall remain in full force and effect until further Order of Court. BY THE COURT: D? b\ Ily n''? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW MICHAEL J. REIGLE, Plaintiff NO. Ol - Y77 Civil Term V. MELODIE A. REIGLE, Defendant IN CUSTODY STIPULATION FOR ENTRY OF CUSTODY ORDER The parties to this action, MELODIE A. REIGLE (hereinafter referred to as "MOTHER"), and MICHAEL J. REIGLE (hereinafter referred to as "FATHER"), desiring to amicably settle and resolve all outstanding issues concerning custody and partial custody with respect to the minor children: KELSEY ANN REIGLE, born October 6,1995; CLAYTON MICHAEL REIGLE, born July 9,1997; and KAMRYN MARIE REIGLE, born September 9,1999, hereby stipulate and agree to the entry of an Order of Court awarding custody and partial custody of KELSEY, CLAYTON and KAMRYN as follows: 1. The parents agree that they shall share legal custody of the minor children. 2. The parents agree that FATHER shall have primary physical custody of the minor children. 3. The parents agree that MOTHER shall have partial physical custody of the minor children every weekend from Friday evening until Sunday evening. The specific times for the transfer of custody shall be as the parents can agree. In the event that the parents cannot agree, the hours shall be from 7:00 p.m. on Friday until 7:00 p.m. on Sunday. MOTHER understands that FATHER may request an occasional weekend with the minor children, and she agrees not to unreasonably refuse his request. 4. Until MOTHER establishes employment and a residence that is suitable for the children in New Jersey, the parents agree that MOTHER shall exercise her periods ofpartial physical custody of the children in Pennsylvania at FATHER's home or at a mutually agreeable alternate location. After MOTHER establishes employment and a residence that is suitable for the children in New Jersey, the parents agree that they shall modify this agreement to allow MOTHER to enj oy her periods of physical custody of the children in her home in New Jersey. In the event that they cannot agree that MOTHER's residence is suitable for the children, the parents shall continue with the above custody schedule, and shall list this matter before the Custody Conciliator and attempt to expedite the hearing of the case. 5. The parents agree that they shall share or alternate holidays as can be mutually agreed between them. With respect to the Christmas holiday, the parents agree that each shall have time with the children on Christmas Day. The parents agree that MOTHER shall have the Mother's Day weekend and FATHER shall have the Father's Day weekend from 7:00 p.m. Friday until 7:00 p.m. Sunday. MOTHER and FATHER agree that each may enjoy a period of one (1) uninterrupted week with the children each year so long as he or she provides the other with at least sixty (60) days written notice ofher/his intention to exercise this period of vacation custody. Each parent shall advise the other in writing of dates, times, location and a means of contact in the event that the vacation will be taken away from either parent's home. 8. The parents agree that MOTHER shall have partial physical custody of the minor children at such other times as may be mutually agreed upon between them. 9. FATHER agrees that he shall not unreasonably withhold from MOTHER rights ofpartial physical custody or visitation. 10. MOTHER agrees to be responsible for transportation during custody transfers while she is enjoying her periods of partial custody in Pennsylvania. At such time as MOTHER begins her periods of partial custody in New Jersey, the parents agree to negotiate a shared transportation schedule for custody transfers. 11. Both parents agree that, by their mutual consent, a revised schedule may be agreed upon between them for and in the best interests of the minor children, 12. Both parents agree to permit reasonable telephone access between the children and the other parent. 13. The parents agree and anticipate that this agreement and stipulation for custody and partial custody may be entered as an Order of Court in the Court of Common Pleas of Cumberland County, Pennsylvania. 14. The parents do hereby stipulate and agree that they waive their respective rights to be present in Court at the time an Order is made pursuant to this agreement and stipulation for custody and partial custody. IN WITNESS WHEREOF, the parties have executed this Stipulation for Entry of a Custody Order on the date indicated below. 1//1/0( Date D to } MICHAEL J. REIGLE NI?LODIE A. ICS' J 6 S l? o 3 .ro O o m `o .a U ? c !C o_ L N d ? o Y IL Q 'ry r ? ?- 1'ft f a -y C,r K C M N .- Q r r? m n Ica J ? u.i N v c C J ? N C m oU J J U L ! ! [uuc ..JUL 1 2 2002 Y MICHAEL J. REIGLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 2001-479 CIVIL TERM MELODIE A. REIGLE, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this /SZ4 day of " _ 2002, upon consideration of the attached Custody Conc atio Report, it is ordered and directed as follows: The prior Order of Court dated January 25, 2001 is hereby vacated. 2. The Father, Michael J. Reigle, and the Mother, Melodie A. Reigle, shall have shared legal custody of Kelsey Ann Reigle, born October 6, 1995, Clayton Michael Reigle, born July 9, 1997 and Kamryn Marie Reigle, born September 9, 1999. 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. This means that both parents are entitled to all medical and educational information, records and reports. Father shall have primary physical custody of the Children 4. Mother shall have periods of partial physical custody on the following schedule: A. Beginning July 11, 2002 to August 25, 2002. During Mother's periods of physical custody in the summer, Father shall be entitled to alternating weekends beginning Friday, July 19, 2002, at 8:00 p.m. to Sunday at 5:00 p.m. B. During the school year, Mother shall have physical custody of the Children on an alternating weekend basis from Friday at 8:00 p.m. to Sunday at 5:00 p.m. C. For each summer after 2002, the parties shall share the summer vacation as equally as possible with Father having the first half of the summer and Mother having the second half of the summer. The transfer day to Mother shall be the Friday after the first half of the summer at 8:00 p.m. Mother's summer period shall end the Sunday before school starts. During the summer schedule, the non-custodial party shall have alternating weekends with the Children from Friday at 8:00 p.m. to Sunday at 5:00 p.m. 5. The Christmas Holiday shall'be in two Blocks. Block A shall be from the evening school concludes to December 26 at 8:00 p.m. and Block B shall be from December 26at 8:00 p.m. to the day before school starts at 5:00 p.m. Mother shall have Block Ain even numbered years and Block B in odd numbered years. Father shall have Block B in even numbered years and Block A in odd numbered years. 6. The Thanksgiving holiday shall be from Wednesday before the holiday at 8:00 p.m. until the Monday after the holiday at 5:00 p.m. The parties shall alternate the Thanksgiving holiday with Father having physical custody in even numbered years. 7. Mother shall have physical custody of the children for the Mother's Day weekend from Friday at 8:00 p.m. to Sunday at 5:00 p.m. Father shall have physical custody of the children on Father's Day weekend from Friday at 8:00 p.m. to Sunday at 5:00 p.m. 8. When any Monday holiday coincides with a party's weekend schedule, that party shall be entitled to extend the weekend to Monday at 5:00 p.m. 9. Holidays shall take precedence over the alternating weekend schedule, however at no time will a party who is exercising alternating weekends, be entitled to three consecutive weekends. 10. Transportation shall be shared such that Mother will transport on Fridays and Father will transport on Sundays. 11. The parties shall be entitled to liberal telephone contact. Neither party nor any adult members of their household shall withhold telephone contact with the children. 12. Both parties shall provide each other with current telephone numbers including those of day care providers. 13. Neither party shall do or permit third parties to do anything that may estrange the children from the other party, or injure the opinion of the children as to the other party, or may hamper the free and natural development of the children's love or affection for the other party. 14. Mother reserves the right to pursue the contempt allegation in her Petition, including attorney's fees, although Father asserts he did not intentionally withhold the children from Mother and that the contempt allegation has been purged because he has provided make-up time for Mother this summer. 15. 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. BY THE COURT, s a - J. j`evrN A. fiEss cc: Carol J. Lindsay, Esquire, Counsel for Mother Nathan C. Wolf, Esquire, Counsel for Father IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW MICHAEL J. REIGLE, Plaintiff NO. OI- Y77 Civil Term V. MELODIE A. REIGLE, Defendant IN CUSTODY STIPULATION FOR ENTRY OF CUSTODY ORDER The parties to this action, MELODIE A. REIGLE (hereinafter referred to as "MOTHER"), and MICHAEL J. REIGLE (hereinafter referred to as "FATHER"), desiring to amicably settle and resolve all outstanding issues concerning custody and partial custody with respect to the minor children: KELSEY ANN REIGLE, born October 6,1995; CLAYTON MICHAEL REIGLE, born July 9,1997; and KAMRYN MARIE REIGLE, born September 9,1999, hereby stipulate and agree to the entry of an Order of Court awarding custody and partial custody of KELSEY, CLAYTON and KAMRYN as follows: 1. The parents agree that they shall share legal custody of the minor children. 2. The parents agree that FATHER shall have primary physical custody of the minor children. 3. The parents agree that MOTHER shall have partial physical custody of the minor children every weekend from Friday evening until Sunday evening. The specific times for the transfer of custody shall be as the parents can agree. In the event that the parents cannot agree, the hours shall be from 7:00 p.m. on Friday until 7:00 p.m. on Sunday. MOTHER understands that FATHER may request an occasional weekend with the minor children, and she agrees not to unreasonably refuse his request. 4. Until MOTHER establishes employment and a residence that is suitable for the children in New Jersey, the parents agree that MOTHER shall exercise her periods of partial physical custody of the children in Pennsylvania at FATHER's home or at a mutually agreeable alternate location. After MOTHER establishes employment and a residence that is suitable for the children in New Jersey, the parents agree that they shall modify this agreement to allow MOTHER to enjoy her periods of physical custody of the children in her home in New Jersey. In the event that they cannot agree that MOTHER's residence is suitable for the children, the parents shall continue with the above custody schedule, and shall list this matter before the Custody Conciliator and attempt to expedite the hearing of the case. 5. The parents agree that they shall share or alternate holidays as can be mutually agreed between them. With respect to the Christmas holiday, the parents agree that each shall have time with the children on Christmas Day. 6. The parents agree that MOTHER shall have the Mother's Day weekend and FATHER shall have the Father's Day weekend from 7:00 p.m. Friday until 7:00 p.m. Sunday. 7. MOTHER and FATHER agree that each may enjoy a period of one (1) uninterrupted week with the children each year so long as he or she provides the other with at least sixty (60) days written notice of her/his intention to exercise this period of vacation custody. Each parent shall advise the other in writing of dates, times, location and a means of contact in the event that the vacation will be taken away from either parent's home. 8. The parents agree that MOTHER shall have partial physical custody of the minor children at such other times as may be mutually agreed upon between them. 9. FATHER agrees that he shall not unreasonably withhold from MOTHER rights ofpa tial physical custody or visitation. 10. MOTHER agrees to be responsible for transportation during custody transfers while she is enjoying her periods of partial custody in Pennsylvania. At such time as MOTHER begins her periods of partial custody in New Jersey, the parents agree to negotiate a shared transportation schedule for custody transfers. 11. Both parents agree that, by their mutual consent, a revised schedule may be agreed upon between them for and in the best interests of the minor children, 12. Both parents agree to permit reasonable telephone access between the children and the other parent. 13. The parents agree and anticipate that this agreement and stipulation for custody and partial custody may be entered as an Order of Court in the Court of Common Pleas of Cumberland County, Pennsylvania. 14. The parents do hereby stipulate and agree that they waive their respective rights to be present in Court at the time an Order is made pursuant to this agreement and stipulation for custody and partial custody. IN WITNESS WHEREOF, the parties have executed this Stipulation for Entry of a Custody Order on the date indicated below. Imo( Date D to MICHAEL J. REIGLE LODIE A. I $ ro r 4 i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW MICHAEL J. REIGLE, Plaintiff NO. 61 - q'l Civil Term V. MELODIE A. REIGLE, Defendant IN CUSTODY ORDER OF COURT AND NOW, this V' day of , 2001, upon consideration of the attached Stipulation for Entry of a Custody Order, IT IS HEREBY ORDERED AND DECREED that custody and partial custody with respect to the minor children: KELSEY ANN REIGLE, born October 6,1995; CLAYTON MICHAEL REIGLE, born July 9, 1997; land KAMRYN MARIE REIGLE, born September 9, 1999, is awarded as follows: 1. The parents shall share legal custody of the minor children. 2. FATHER shall have primary physical custody of the minor children. 3. MOTHER shall have partial physical custody of the minor children every weekend from Friday evening until Sunday evening. The specific times for the transfer of custody shall be as the parents can agree. In the event that the parents cannot agree, the hours shall be from 7:00 p.m. on Friday until 7:00 p.m. on Sunday. MOTHER understands that FATHER may request an occasional weekend with the minor children, and she agrees not to unreasonably refuse his request. 4. Until MOTHER establishes employment and a residence that is suitable for the children in New Jersey, MOTHER shall exercise her periods of partial physical custody of the children in Pennsylvania at FATHER's home or at a mutually agreeable alternate location. After MOTHER establishes employment and a residence that is suitable for the children in New Jersey, the parents shall modify this agreement to allow MOTHER to enjoy her periods of physical custody of the children in her home in New Jersey. In the event that they cannot agree that MOTHER's residence is suitable for the children, the parents shall continue with the above custody schedule, and shall list this matter before the Custody Conciliator and attempt to expedite the hearing of the case. 5. The parents shall share or alternate holidays as can be mutually agreed between them. With respect to the Christmas holiday, the parents shall each have time with the children on Christmas Day. 6. MOTHER shall have the Mother's Day weekend and FATHER shall have the Father's Day weekend from 7:00 p.m. Friday until 7:00 p.m. Sunday. MOTHER and FATHER may each enjoy a period of one (1) uninterrupted week with the children each year so long as he or she provides the other with at least sixty (60) days written notice of her/his intention to exercise this period of vacation custody. Each parent shall advise the other in writing of dates, times, location and a means of contact in the event that the vacation will be taken away from either parent's home. 8. MOTHER shall have partial physical custody of the minor children at such other times as may be mutually agreed upon between the parents. 9. FATHER shall not unreasonably withhold from MOTHER rights of partial physical custody or visitation. 10. MOTHER shall be responsible for transportation during custody transfers while she is enjoying her periods ofpartial custody in Pennsylvania. At such time as MOTHER begins her periods of partial custody in New Jersey, the parents shall negotiate a shared transportation schedule for custody transfers. 11. By mutual consent of the parents, a revised schedule maybe agreed upon between them for and in the best interests of the minor children, 12. Both parents shall permit reasonable telephone access between the children and the other parent. 13. This Order shall replace and supercede any and all prior Orders of Court or agreements between the parties. 14. This Order shall remain in full force and effect until further Order of Court. BY THE COURT: 0? G i?[=L,,,- , H v4 tS U1 JAN' 25 AM 11' 21 %UfviEL I FtivJ COUNTY PENNSYLVANIA MICHAEL J. REIGLE, PLAINTIFF/RESPOND ENT VS. MELODIE A. REIGLE, DEFENDANT/PETITIONER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-479 CIVIL TERM IN CUSTODY PETITION FOR CONTEMPT AND FOR MODIFICATION NOW comes Melodie A. Reigle, by and through her counsel, SAIDIS, SHUFF, FLOWER & LINDSAY, petitions this Honorable Court as follows: 1. The parties hereto are the parents of three children: Kelsey Ann Reigle, born October 6, 1995; Clayton Michael Reigle, born July 9, 1997; and Kamryn Marie Reigle, born September 9, 1999. 2. On January 25, 2001, this Court entered an Order for custody of the children providing primary physical custody to Respondent and partial custody to Petitioner. A copy of the Court's Order of January 25, 2001 is attached hereto as Exhibit "N'. 3. Paragraph 3 of the Order provided to Petitioner "partial physical custody SAIDIS SHUFF, FLOWER. & LINDSAY ATMRWYS•AT•i.AW 26 W. High street Carlisle. PA of the minor children every weekend from Friday evening until Sunday evening. The specific times for the transfer of custody shall be as the parents can agree. In the event that the parents cannot agree, the hours shall be from 7:00 p.m. on Friday until 7:00 p.m. on Sunday." 4. Despite repeated requests, since January 1, 2002, Respondent has refused to provide Petitioner partial custody of the children except on very few occasions. In particular: f A. Between January 1, 2002 and April 25, 2002, Respondent permitted Petitioner to see the children on two occasions, the weekend of January 11, 2002 and the weekend of March 10, 2002. B. Since April 25, 2002, Petitioner has been denied visits whenever Respondent does not agree with Petitioner with regard to divorce and support issues. C. Respondent refuses to permit Petitioner telephone contact with the children. 5. Since the entry of the Court Order, Petitioner has established an apartment for herself in New Jersey. She is therefore in a position to enjoy custody of the children at her home. 6. Petitioner seeks a holiday schedule, a vacation schedule and the right to contact her children by telephone. WHEREFORE, Petitioner prays this Honorable Court to hold Respondent in contempt of the Court's Order of January 25, 2001, and to provide make up time to Petitioner for the weekends when custody has been denied to her, and to modify the Court Order to permit alternating weekends of custody with the children in New Jersey to Petitioner, along with a schedule for holidays and vacations, and such other relief as the Court deems just. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. ATTORNEYS FOR DEFENDANT/PETITIONER BY: -r i&'744 3 26 EST HIGH STREET CARLISLE, PA 17013 (717) 243-6222 VERIFICATION THE UNDERSIGNED, CAROL J. LINDSAY, ESQUIRE, AVERS THAT THE FACTS SET FORTH IN THE FOREGOING INSTRUMENT, BASED UPON INFORMATION AND BELIEF, WERE DEVELOPED FROM CONVERSATIONS WITH DEFENDANT/PETITIONER, MELODIE A. REIGLE AND INFORMATION GAINED IN THE INVESTIGATION OF THIS FILE, AND THIS VERIFICATION IS MADE FOR THE REASON THAT DEFENDANT/PETITIONER IS OUTSIDE OF THE JURISDICTION OF THE COURT, AND THAT HIS VERIFICATION COULD NOT BE OBTAINED WITHIN THE TIME ALLOWED FOR THE FILING OF THIS PLEADING, AND THIS VERIFICATION IS MADE SUBJECT TO THE PENALTIES OF 18 PA. C.S. §4904, RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. ATTORNEYS FOR DEFENDANT/PETITIONER BY: SAIDIS SHUFF, FLOWER & LINDSAY CAR J. INDSAY, ESC ID 446 26 T HIGH STREET CARLISLE, PA 17013 (717) 243-6222 26 W. High Street Carlisle, PA MICHAEL J. REIGLE, PLAINTIFF/RESPONDENT VS. MELODIE A. REIGLE, DEFENDANT/PETITIONER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01479 CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE AND now, this 1':X •- day of \ , 2002, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, SNUFF, FLOWER & LINDSAY, Attorneys, hereby certify that I served the within Petition for Contempt and Modification this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Michael Reigle R. D. 1, Box 167 Landisburg, PA 17040 SAIDIS SHUFF, FLOWER & LINDSAY SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. ATTORNEYS FOR DEFENDANT/PETITIONER "!Cyarol J. Lindsay, E uire ID# 44693 26 West High Street Carlisle, PA 17013 (717) 243-6222 26 W. High Street Carlisle, PA FI _ED -CiTiCT OF Ti"??F 02 AE's 3 A1-1 9: Is 5 Cif D =^;Pi) i:DOUN1Y ,r- ,rs ,: JR. ?n F L N, Z I Ull"N r l2 s-qb o MICHAEL J. REIGLE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 01-479 CIVIL ACTION LAW MELODIE A. REIGLE DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, June 17, 2002 , 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, July 11, 2002 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/ ,acquelineM. Verney-Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 o 1UP-1 18 PE°1 3: e 53 c?r? r ? U COU,NIN FENINSYDANA G /rya J .44 JUL 12 2002 MICHAEL J. REIGLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 2001-479 CIVIL TERM MELODIE A. REIGLE, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this IS" day of (I 2002, upon consideration of the attached Custody Conciliat n R port, it is ordered and directed as follows: The prior Order of Court dated January 25, 2001 is hereby vacated. 2. The Father, Michael J. Reigle, and the Mother, Melodie A. Reigle, shall have shared legal custody of Kelsey Ann Reigle, born October 6, 1995, Clayton Michael Reigle, born July 9, 1997 and Kamryn Marie Reigle, born September 9, 1999. 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. This means that both parents are entitled to all medical and educational information, records and reports. 3. Father shall have primary physical custody of the Children 4. Mother shall have periods of partial physical custody on the following schedule: A. Beginning July 11, 2002 to August 25, 2002. During Mother's periods of physical custody in the summer, Father shall be entitled to alternating weekends beginning Friday, July 19, 2002, at 8:00 p.m. to Sunday at 5:00 p.m. B. During the school year, Mother shall have physical custody of the Children on an alternating weekend basis from Friday at 8:00 p.m. to Sunday at 5:00 p.m. C. For each summer after 2002, the parties shall share the summer vacation as equally as possible with Father having the first half of the summer and Mother having the second half of the summer. The transfer day to Mother shall be the Friday after the first half of the summer at 8:00 p.m. Mother's summer period shall end the Sunday lLc?J OFFICE 02 JUL .? 5 A !0= ? t, CUiIMLE-i+;,'jc Coulni, PFJMNSYLVANIA before school starts. During the summer schedule, the non-custodial party shall have alternating weekends with the Children from Friday at 8:00 p.m. to Sunday at 5:00 p.m. 5. The Christmas Holiday shall be in two Blocks. Block A shall be from the evening school concludes to December 26 at 8:00 p.m. and Block B shall be from December 26 at 8:00 p.m. to the day before school starts at 5:00 p.m. Mother shall have Block A in even numbered years and Block B in odd numbered years. Father shall have Block B in even numbered years and Block A in odd numbered years. 6. The Thanksgiving holiday shall be from Wednesday before the holiday at 8:00 p.m. until the Monday after the holiday at 5:00 p.m. The parties shall alternate the Thanksgiving holiday with Father having physical custody in even numbered years. 7. Mother shall have physical custody of the children for the Mother's Day weekend from Friday at 8:00 p.m. to Sunday at 5:00 p.m. Father shall have physical custody of the children on Father's Day weekend from Friday at 8:00 p.m. to Sunday at 5:00 P.M. 8. When any Monday holiday coincides with a party's weekend schedule, that party shall be entitled to extend the weekend to Monday at 5:00 p.m. 9. Holidays shall take precedence over the alternating weekend schedule, however at no time will a party who is exercising alternating weekends, be entitled to three consecutive weekends. 10. Transportation shall be shared such that Mother will transport on Fridays and Father will transport on Sundays. 11. The parties shall be entitled to liberal telephone contact. Neither party nor any adult members of their household shall withhold telephone contact with the children. 12. Both parties shall provide each other with current telephone numbers including those of day care providers. 13. Neither party shall do or permit third parties to do anything that may estrange the children from the other party, or injure the opinion of the children as to the other party, or may hamper the free and natural development of the children's love or affection for the other party. 14. Mother reserves the right to pursue the contempt allegation in her Petition, including attorney's fees, although Father asserts he did not intentionally withhold the children from Mother and that the contempt allegation has been purged because he has provided make-up time for Mother this summer. 15. 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. BY THE COURT, / J. Kew, R • Norl cc: Carol J. Lindsay, Esquire, Counsel for Mo r ?? a* q?ib jam . Nathan C. Wolf, Esquire, Counsel for Fat r p MICHAEL J. REIGLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. : 2001-479 CIVIL TERM MELODIE A. REIGLE, : CIVIL ACTION - LAW Defendant/Petitioner 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kelsey Ann Reigle October 6, 1995 Father Clayton Michael Reigle July 9, 1997 Father Kamryn Marie Reigle September 9, 1999 Father 2. A Conciliation Conference was held in this matter on July 11, 2002, with the following individuals in attendance: The Mother, Melodic A. Reigle, with her counsel, Carol J. Lindsay, Esquire and the Father, Michael J. Reigle, with his counsel, Nathan C. Wolf, Esquire. 3. A prior Order of Court, dated January 25, 2001 was entered by the Honorable Edward E. Guido providing for shared legal custody, with Father having primary physical custody and Mother having periods of partial physical custody. 4. Mother filed a Petition for Contempt and Modification claiming that Father has withheld the children from Mother. 5. The parties agreed to the entry of an Order in the form as attached. - /a -o -;z-- 4? A , U? Date cq line M. Verney, Esquire Custody Conciliator MICHAEL J. REIGLE, PLAINTIFF/RESPONDENT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION -LAW : NO. 01-479 CIVIL TERM MELODIE A. REIGLE, DEFENDANT/PETITIONER IN CUSTODY PETITION FOR MODIFICATION NOW comes Melodie A. Reigle, by and through her counsel, SAIDIS, SHUFF, FLOWER & LINDSAY, petitions this Honorable Court as follows: 1. The parties hereto are the parents of three children: Kelsey Ann Reigle, born October 6, 1995; Clayton Michael Reigle, born July 9, 1997; and Kamryn Marie Reigle, born September 9, 1999. 2. On July 15, 2002 this Court entered an Order providing primary physical custody of the minor children with Michael J. Reigle, hereinafter Respondent, and partial custody to Melodie A. Reigle, hereinafter Petitioner. A copy of the Court's Order of July 15, 2002 is attached hereto as Exhibit "A". 3. Since the entry of the Court's Order of July 15, 2002, circumstances of SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, PA the parties have changed such that it is in the best interest of the children to have primary physical custody with Petitioner and partial custody with Respondent. Those changes include but are not limited to: A. The physical abuse of the children at the hands of the 9-year-old child who resides with Respondent's girlfriend and the refusal of Respondent to protect the children despite being advised of the abuse. B. Inappropriate discipline of the children by Respondent and his girlfriend. C. Repeated refusal by Respondent to permit Petitioner to speak with the children despite the provisions of Paragraph 11 of the Court's Order of July 15, 2002. D. The continued derogatory statements made by Respondent and his girlfriend about Petitioner despite the provisions of Paragraph 13 of the Court's Order of July 15, 2002. 4. Petitioner believes the best interest and permanent welfare of the children would be served by transferring primary physical custody of the children to her. WHEREFORE, Petitioner prays this Honorable Court to provide to Petitioner primary physical custody of the parties' minor children. SAIDIS, SNUFF, FLOWER & LINDSAY ATTORNEYS FOR DEFENIIANT/PETITIONI BY: J I LINDSAY, 26_W6T HIGH STREET CARLISLE, PA 17013 (717) 243-6222 SAIDIS SNUFF, FLOWER & LINDSAY ATTMIA OAT•LAW 26 W. High Sheet Carlisle, PA VERIFICATION I, THE UNDERSIGNED, HEREBY VERIFY THAT THE STATEMENTS MADE HEREIN ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA. C.S. § 4904, RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Z- VELODiqA.A-EIGLE DATE: 2 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA MICHAEL J. REIGLE, PLAINTIFF/RESPONDENT VS. MELODIE A. REIGLE, DEFENDANT/PETITIONER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-479 CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE AND now, this F? day of 2003, I, Carol J. Lindsay, Esquire, of the law firm of AIDIS, SHUFF, FLOWER & LINDSAY, Attorneys, hereby certify that I served the within Petition for Modification this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Nathan C. Wolf, Esquire Irwin Law Office 35 East High Street Carlisle. PA 17103 SAIDIS SHUFF, FLOWER & LINDSAY SAIDIS, SHUFF, FLOWER & LINDSAY ATTORNEYS FOR DEFENDANT/PETITIONER BY: / Carol J. Lindsay, Esquite I D# 44693 26 West High Street Carlisle, PA 17013 (717) 243-6222 26 W. High Street Carlisle, PA J U L I 7 Luuz JUL 1 2 2002 MICHAEL J. REIGLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2001-479 CIVIL TERM MELODIE A. REIGLE, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this 15ZIe day of Q, Q , _ 2002, upon consideration of the attached Custody Conc iatio Report, it is ordered and directed as follows: The prior Order of Court dated January 25, 2001 is hereby vacated. 2. The Father, Michael J. Reigle, and the Mother, Melodic A. Reigle, shall have shared legal custody of Kelsey Ann Reigle, born October 6, 1995, Clayton Michael Reigle, born July 9, 1997 and Kamryn Marie Reigle, born September 9, 1999. 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. This means that both parents are entitled to all medical and educational information, records and reports. Father shall have primary physical custody of the Children 4. Mother shall have periods of partial physical custody on the following schedule: A. Beginning July 11, 2002 to August 25, 2002. During Mother's periods of physical custody in the summer, Father shall be entitled to alternating weekends beginning Friday, July 19, 2002, at 8:00 p.m. to Sunday at 5:00 p.m. B. During the school year, Mother shall have physical custody of the Children on an alternating weekend basis from Friday at 8:00 p.m. to Sunday at 5:00 p.m. C. For each summer after 2002, the parties shall share the summer vacation as equally as possible with Father having the first half of the summer and Mother having the second half of the summer. The transfer day to Mother shall be the Friday after the first half of the summer at 8:00 p.m. Mother's summer period shall end the Sunday I it ri before school starts. During the summer schedule, the non-custodial party shall have alternating weekends with the Children from Friday at 8:00 p.m. to Sunday at 5:00 p.m. 5. The Christmas Holiday shall be in two Blocks. Block A shall be from the evening school concludes to December 26 at 8:00 p.m. and Block B shall be from December 26 at 8:00 p.m. to the day before school starts at 5:00 p.m. Mother shall have Block A in even numbered years and Block B in odd numbered years. Father shall have Block B in even numbered years and Block A in odd numbered years. 6. The Thanksgiving holiday shall be from Wednesday before the holiday at 8:00 p.m. until the Monday after the holiday at 5:00 p.m. The parties shall alternate the Thanksgiving holiday with Father having physical custody in even numbered years. 7. Mother shall have physical custody of the children for the Mother's Day weekend from Friday at 8:00 p.m. to Sunday at 5:00 p,m. Father shall have physical custody of the children on Father's Day weekend from Friday at 8:00 p.m. to Sunday at 5:00 p.m. 8. When any Monday holiday coincides with a party's weekend schedule, that party shall be entitled to extend the weekend to Monday at 5:00 p.m. 9. Holidays shall take precedence over the alternating weekend schedule, however at no time will a party who is exercising alternating weekends, be entitled to three consecutive weekends. 10. Transportation shall be shared such that Mother will transport on Fridays and Father will transport on Sundays. 11. The parties shall be entitled to liberal telephone contact. Neither party nor any adult members of their household shall withhold telephone contact with the children. 12. Both parties shalt provide each other with current telephone numbers including those of day care providers. 13. Neither party shall do or permit third parties to do anything that may estrange the children from the other party, or injure the opinion of the children as to the other party, or may hamper the free and natural development of the children's love or affection for the other party. 14. Mother reserves the right to pursue the contempt allegation in her Petition, including attorney's fees, although Father asserts he did not intentionally withhold the children from Mother and that the contempt allegation has been purged because he has provided make-up time for Mother this summer. 15. 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. BY THE COURT, vevilv A. . cc: Carol J. Lindsay, Esquire, Counsel for Mother Nathan C. Wolf, Esquire, Counsel for Father TRUE t-OPY FROM RECORD 'n Testimony whereof, I here unto set my hang fe, 4nd the seal of said at Garesie; Pa.. Ihj I. gy 2croZ Prothonotary 4'.. -r1, Iy ??i v? J i ?f ?iPV;F\ MICHAEL J. RFIGLE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW 01-479 CIVIL MELODIE A. REIGLE, Defendant IN CUSTODY ORDER AND NOW, this IV day of May, 2003, the hearing in the above captioned matter set for August 29, 2003, is cancelled. This case is transferred to the Honorable Edgar B. Bayley for a hearing on the 21St day of August, 2003, at 8:45 o'clock a.m., in Courtroom Number 2, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, The Honorable Edgar B. Bayley ,Nathan Wolf, Esquire /For the Plaintiff ,,Carol J. Lindsay, Esquire For the Defendant Am A. Hess, J. ,< - 6I /3?s 3 -? arA?Z? .5-14•611 -Tv A MICHAEL J. REIGLE, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MELODIE A. REIGLE, DEFENDANT 01-0479 CIVIL TERM ORDER OF COURT AND NOW, this ?/0 day of May, 2003, the custody hearing scheduled for Thursday, August 21, 2003, at 8:45 a.m., shall commence at 1:30 p.m. instead of 8:45 a.m. By Edgar B. Bayley, J. Nathan Wolf, Esquire For Plaintiff Carol J. Lindsay, Esquire For Defendant -20, 03 :sal ti ?, ? ! viz ?? f J I?Ln, '?? ;;? MICHAEL J. REIGLE, Plaintiff VS. MELODIE A. REIGLE, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW 2001-0479 CIVIL TERM Defendant: IN CUSTODY ORDER OF COURT AND NOW this 4-1 day of 003, upon consideration of the agreement reached by counsel for both parties in this matter, the hearing previously scheduled for August 21, 2003 at 1:30 o'clock p.m., is hereby continued until September 24, 2003 at 1:30 o'clock p.m. in Courtroom 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE t Edgar B. Di n ution: I J. Lindsay, Esquire (for the defendant) athan C. Wolf, Esquire (for the plaintiff) V . o?- R?{9 os-aa-03 `III I; E G3 A lf„ r' P?Pd?SY?4`ANiA SAIDIS SHUFF, FLOWER & LINDSAY MICHAEL J. REIGLE, Plaintiff/Respondent PENNSYLVANIA MELODIE A. REIGLE, Defendant/Petitioner vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, CIVIL ACTION - LAW NO. 01-479 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW this day of 2003, it appearing that the parties have resolved their issues with a Stipulation, the hearing set for September 24, 2003 is cancelled. 26 W. High Street Carlisle, PA CJI -' 3 3 r, c MICHAEL J. REIGLE IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA. V. MELODIE A. REIGLE DEFENDANT • 01-479 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, March 27, 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, April 15, 2003 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/ _facqueline M. Verney. Esc L® 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 FILED--OFFICE OF T?' tiT.%RY 03 MAP 28 PP1 2: 38 CUNiEWi'iL- , - " N7Y PENNSYLVANIA 3x803 `O 3 a8d_3 420 G 1 APR 2 5 2003 V MICHAEL J. REIGLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW MELODIE A. REIGLE, : NO. 2001-479 CIVIL TERM Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of , 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. ?, of the Cumberland County Court House, on theme day of -u t6,- 2003, at o'clock, _4. M., at which time testimony will be yen. For purposes of this Hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Order of Court dated July 15, 2002 shall remain in effect, with the following additional provision: 3. The parties shall cooperate with Deb Salem for an interview with the children and a written report concerning the children. 4. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, A Kevin cc: Nathan Wolf, Esquire, counsel for Father Carol J. Lindsay, Esquire, counsel for Mother Hess, J. os (n I('E :I iY lJW APO ?tl%1 tF ?E. PENNSY???,v?p ?`? MICHAEL J. REIGLE, Plaintiff V. MELODIE A. REIGLE, Defendant PRIOR JUDGE: Kevin A. Hess, J. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2001-479 CIVIL TERM 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 subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kelsey Ann Reigle October 6, 1995 Father Clayton Michael Reigle July 9, 1997 Father Kamryn Marie Reigle September 9, 1999 Father 2. A Conciliation Conference was held April 24, 2003 with the following individuals in attendance: The Father, Michael J. Reigle, with his counsel, Nathan Wolf, Esquire, and the Mother, Melodic A. Reigle, with her counsel, Carol J. Lindsay, Esquire. 3. The Court previously entered an Order on July 15, 2002 providing for shared legal custody, Father having primary physical custody and Mother having alternating weekends and one half of the summer. 4. Father's position on custody is as follows: Father seeks the status quo to continue. Father maintains that he has appropriately cared for the children, they have a stable home-life, living in the same home they have always lived. Mother left the family in 2001, moving to New Jersey with a man she met over the internet. Father indicates that the children return from visits with Mother out of control and using bad language allegedly because Mother does not discipline them. All family members including Mother's parents live in the Cumberland County area. The two older children attend school in the area and have established friendships here. 5. Mother's position on custody is as follows: Mother seeks shared legal custody and primary physical custody with Father having an alternating weekend schedule. Mother alleges that the children are disciplined excessively. She has complained to Father that his girlfriend's nine year old son has inappropriately touched the three year old female child. Mother reported the incident to school. Mother has found stable employment and a residence and believes the children would thrive in her primary physical custody. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing, continuing the prior Order of Court and requiring the cooperation of the parties with Deb Salem for an interview and written report on the children's position. It is expected that the Hearing will require one day. q-?So3 Date cq line M. Verney, Esquire Custody Conciliator OCT 0 3 2003 ? v MICHAEL J. REIGLE, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW NO. 01-479 CIVIL TERM MELODIE A. REIGLE, Defendant/Petitioner IN CUSTODY ORDER OF COURT AND NOW this day of , 2003, upon consideration of the within Stipulation, the terms thereof are hereby made an order of court. BY THE CO SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA Z_j??,U RKs /®-06-03 __ _ __I L 110 11i, '-1 U ll?a MICHAEL J. REIGLE, IN THE COURT OF COMMON PLEAS OF PLAINTIFF/RESPONDENT CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 01-479 CIVIL TERM MELODIE A. REIGLE, DEFENDANT/PETITIONER IN CUSTODY STIPULATION The parties hereto stipulate as follows: 1. They are the parents of three children; Kelsey Ann Reigle, born October 6, 1995; Clayton Michael Reigle, born July 9, 1997; and Kamryn Marie Reigle, born September 9, 1999. 2. On July 15, 2002, the Court of Cumberland County, Pennsylvania entered an Order of Court which the parties agree to modify and, therefore, the Order of July 15, 2002 is superseded by the Order entered on this Stipulation. 3. Michael J. Reigle (Father) and Melodie A. Reigle (Mother) shall have shared legal custody of the children. 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. This means that both parents are entitled to all medical and educational information, records and reports. 4. Father shall have primary physical custody of the children 5. Mother shall have periods of partial physical custody on the following schedule: A. On alternating weekends from Friday at 8:00 p.m. to Sunday at 5:00 P.m. 1 B. Commencing four days after school lets out for the summer holiday, Mother shall have custody of the children until four days before the school year resumes, provided, however, that upon 30 days notice from Father, Father may exercise a period of seven consecutive days during the summer for his vacation and two weekends, one in the first half of the summer and one in the second half of the summer from Friday at 8:00 p.m. until Sunday at 5:00 p.m. 6. The Christmas holiday shall be divided into two blocks: Block A shall be from 3:00 p.m. on December 24 until the day before school resumes at 5:00 p.m. and Block B. will be from December 26 at 9:00 a.m. until 5:00 p.m. until the day before school resumes. Mother shall have custody of the children on Block A in even numbered years and Block B in odd numbered years. 7. The parties will alternate the Thanksgiving holiday from the Wednesday before the holiday at 8:00 p.m. until the Monday after the holiday at 5:00 p.m. with Father having physical custody during this period in even numbered years and Mother having physical custody in odd numbered years. 8. Mother shall have physical custody of the children during their spring break from school commencing at 10:00 a.m. on the morning after school lets out and continuing until 5:00 p.m. on the day before school resumes. 9. When any Monday holiday coincides with a party's weekend schedule, that party shall be entitled to extend the weekend until Monday at 5:00 p.m. 2 10, Holidays shall take precedence over the alternating weekend schedule. However, at no time will a party who is exercising alternating weekends be entitled to have three consecutive weekends. 11, Transportation shall be shared so that the party receiving the children picks them up. 12, The parties shall be entitled to liberal telephone contact. Neither party, nor any adult members of their household, shall withhold telephone contact with the children. In the event one parent calls the children and must leave a message on the answering machine, the custodial parent will immediately have the children return the parent's call. Neither party will use the answering machine to screen calls. The parties, when the children are in their custody, will answer the phone and permit the out of custody parent to talk to the children. 13, Both parties shall provide each other with current telephone numbers including those of daycare providers. 14, Neither party will do, or permit third parties to do, anything that may estrange the children from the other party or injure the opinion of the children as to the other party or may hamper the free and natural development of the children's love or affection for the other party. 15, In the event that one party or the other will be more than one hour late in pick up or delivery of the children, he or she will notify the other party immediately. This late notice is not license for one party to leave late for pick up or delivery, but rather is to take into account unavoidable delays in traffic.. Neither party may delay leaving for pick 3 up or delivery of the children beyond the time normally necessary in order to accomplish that task. 16. In the event one party wishes to modify in any respect the terms of this Agreement, he or she may not do so unilaterally, but rather must seek the agreement of the other party. 17. The parties will engage in communications counseling with either Bonnie Howard at Reagler Sheinvold Associates or with Anthea Stebbins at Innerworks. Communication counseling will take place on Saturdays at times agreeable to the parties, but the first appointment with either Bonnie Howard or Anthea Stebbins will be made within one month of the date of this Stipulation. Mother will make the initial contact and advise Father of the available dates and Father will promptly respond as to which day is satisfactory to him. All other dates for communications counseling shall be arranged with the therapist. The parties may terminate communications counseling upon their mutual agreement or upon the recommendation of the therapist that no further counseling is necessary or will avail. 18. The parties intend that the terms of this Stipulation be made an Order of court. Witness Witness Michael J. Reigle M die A. R le 4 FIt`°i ! !=p OF _ )itiC)TGFiY 0OJ OCT -? AIj 9: 1q PENtvS Y LV,',N A J MICHAEL J. REIGLE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MELODIE A. BARNACZ DEFENDANT 01-479 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Wednesday, June 29, 2005 , 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, August 02, 2005 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/ Jacqueline M. Verney, Esq. J? 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 FILED-OffiOE OF THE PROTHONOTARY 2005 JUN 29 Phi 3: G4 OLJMRER1MD ODufflY PENNSYLVANIA 'uNSp'.s'av+xavaaxr -+ah', ,Www l MICHAEL J. REIGLE, Plaintiff/Respondent V. MELODIE A. BARNACZ, Defendant/Petitioner RECEIVED JUN 2 3 2005 ,hn v § IN THE COURT OF COMMON PLEAS OF § CUMBERLAND COUNTY, PENNSYLVANIA § NO. 01-479 § CIVIL ACTION - LAW ORDER OF COURT You, Michael J. Reigle, have been sued in court to modify custody, partial custody or visitation of the following children: Kelsey Ann Riegle, born October 6, 1995; Clayton Michael Reigle, born July 9, 1997; and Kamryn Marie Reigle, born September 9, 1999. You are ordered to appear in person at on , 2005 at .M. for Fla conciliation or mediation conference. ? a pretrial conference. ? a hearing before the court. If you fail to appear as provided by this order, an order for custody, partial custody or visitation may be entered against you or the court may issue a warrant for your arrest. r YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDED YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Perry County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. FOR THE COURT: Date By J. MICHAEL J. REIGLE, § PlaintifVRespondent § V. § § MELODIE A. BARNACZ, § Defendant/Petitioner § IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-479 CIVIL ACTION - LAW PETITION FOR MODIFICATION OF PARTIAL CUSTODY OR VISITATION ORDER PURSUANT TO 23 Pa.C.S. 5310 AND NOW, comes the Petitioner, Melodie A. Barnacz, by her attorney, Tanner Law Offices, LLC, and represents as follows: 1. Petitioner, Melodic A. Barnacz, is an individual currently residing at 112A Rutgers Road, Piscataway, New Jersey 08854. 2. Respondent, Michael J. Reigle, is an adult individual currently residing at 101 Roddy Lane, Ickesburg, Perry County, Pennsylvania 17037. 3. Petitioner respectfully represents that on October 6, 2003, an Order of Court was entered for Custody based on a September 23, 2003 Stipulation signed by the parties. 4. This Order should be modified because Petitioner believes that the children are living in an unsafe environment. 5. Said unsafe environment consists of the Respondent's continued encouragement of the children's relationship with a convicted sex offender, including, but not limited to, allowing the sex offender to babysit the children, play alone at his home, and visit with the children at the Respondent's home. 5. Said unsafe environment consists of physical and mental abuse by the Respondent's wife, including violently throwing the children against a wall,. causing the children serious physical injuries. 6. Said unsafe environment consists of physical abuse by the Respondent, including hitting the children. 7. Said unsafe environment consists of physical and sexual abuse of the youngest child by the Respondent's step son, including bringing the child to the bedroom, removing her diaper, and "touching [her] when [she] tells him no." When this was reported to the Respondent, he replied that the step son "is only curious." 8. Said unsafe environment consists of unsanitary living conditions, such as dirt, bugs and spiders in the children's rooms and other parts of the home. WHEREFORE, Petitioner requests that the Court modify the existing order for Custody because it will be in the best interest of the children. Respectfully submitted, Tabetha A. Tanner, Esquire Supreme Court I.D. No.: 91979 Attorney for Plaintiff TANNER LAW OFFICES, LLC 1300 Market Street, Suite 6 Lemoyne, PA 17043 (717) 731-8114 VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements made herein may subject me to penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Date:. Melodie A. Barnacz FILED-43f: CE OF THE Fi?MTH ",;OTtiRY H05 J NI 22 Hi 3? 2L kit, P 90. ob ??L 44 / eK? ?03? MICHAEL J. REIGLE, § IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent § CUMBERLAND COUNTY, PENNSYLVANIA V. § § NO. 01-479 MELODIE A. BARNACZ, § Defendant/Petitioner § CIVIL ACTION - LAW CERTIFICATE OF SERVICE I HEREBY CERTIFY THAT I served a copy of the Petition, filed in the above- captioned matter, upon Michael J. Reigle via regular first class mail, postage prepaid, and first class mail, certified, restricted delivery, return receipt requested, addressed as follows: Mr. Michael J. Reigle 101 Roddy Lane Ickesburg, PA 17037 Respectfully submitted, Date: July 5, 2005 ?C?P pc A. /0"n? Tabetha A. Tanner, Esquire Supreme Court I.D. No.: 91979 Attorney for Plaintiff TANNER LAW OFFICES, LLC 1300 Market Street, Suite 6 Lemoyne, PA 17043 (717) 731-8114 OF THE FILE oTARy 2005 JUL -7 AM 9: 22 ?v \If ??. Fti c S RECEIVED AUG 02 2005 (", MICHAEL J. REIGLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. .NO. 2001-479 CIVIL TERM MELODIE A. (REIGLE) BARNACZ,: CIVIL ACTION - LAW Defendant : IN CUSTODY ORDER OF COURT AND NOW, this _"ay of 2005, upon consideration of the attached Custody Conciliation eport, it is ordered and directed as follows: 1. The prior Order of Court dated September 23, 2003 shall remain in full force and effect with the following modifications and additions: 2. During the school year, Mother shall have physical custody of the children two weekends per month, in most instances on an alternating basis. However, in the event Mother's weekend military training conflicts with one of her scheduled weekends, the parties shall cooperate to change Mother's weekends so she will have two weekends per month. In this regard Mother shall provide Father with her weekend military schedule in advance. 3. The children shall only be transported by licensed drivers. 4. Custody arrangements are to be discussed by the parents. Neither parry may use the children to exchange custody arrangements and/or messages. The children are not to be left in the car for longer than 5 minutes. 6. Father shall provide Mother a copy of the insurance prescription card. 7. Parents, step-parents, and other third parties are not permitted to listen in on telephone calls between the parents and children. 8. 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. Another Conciliation Conference is scheduled for September 16, 2005 at 3:30 p.m. at which time the Conciliator will speak with the children. Neither parry may discuss the custody matter with the children, nor attempt to influence the children in their discussion with the Conciliator. cc: Tabitha A. Tanner, Esquire, Counsel for Mot Nathan C. Wolf, Esquire, Counsel for Father La iyva?Ge?( k-03-u3 L?-.. , 1 11 MICHAEL J. REIGLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. :2001-479 CIVIL TERM MELODIE A. (REIGLE) BARNACZ,: CIVIL ACTION - LAW Defendant/Petitioner : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kelsey Ann Reigle October 6, 1995 Father Clayton Michael Reigle July 9, 1997 Father Kamryn Marie Reigle September 9, 1999 Father 2. A Conciliation Conference was held in this matter on August 2, 2005, with the following individuals in attendance: The Mother, Melodic A. (Reigle) Barnacz, with her counsel, Tabetha A. Tanner, Esquire and the Father, Michael J. Reigle, with his counsel, Nathan C. Wolf, Esquire. 3. A prior Order of Court, dated September 23, 2003 was entered by the Honorable Edgar B. Bayley, providing for shared legal custody, with Father having primary physical custody and Mother having periods of partial physical custody, including alternating weekends and most of the summer. 4. Mother filed a Petition for Modification requesting primary physical custody. 5. The parties agreed to the entry of an Order in the form /?as attached. a 'OS A U . Date cqu ine M. Verney, Esquire Custody Conciliator RECEIVED SEP 19 2005 MICHAEL J. REIGLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2001-479 CIVIL TERM MELODIE A. (REIGLE) BARNACZ,: CIVIL ACTION - LAW Defendant : IN CUSTODY ORDER OF COURT AND NOW, this -W day of A . 2005, upon consideration of the attached Custody Conciliation Repoh, it is ordered and directed as follows: 1. The prior Orders of Court dated October 6, 2003 and August 3, 2005 shall remain in full force and effect with the following modifications and additions: Father shall ensure that the children write to their Mother weekly while she is at basic training. 3. Father shall have physical custody of the children on Christmas Day until 12:30 p.m. Mother shall have physical custody of the children from Christmas Day at 12:30 p.m. until 12:30 p.m. on the day before school resumes after the Christmas recess. 4. The parties shall cooperate with an updated custody evaluation by Deb Salem. The parties shall pay for the costs associated with their portion of the report. 5. 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 b utual consent. In the absence of mutual consent, the terms of this Orderlfr4 contrp BY B. cct tha A. Tanner, Esquire, Counsel for Mother an C. Wolf, Esquire, Counsel for Father FILEG?OFFCE OF THE PROTHONOTARY 2005 SEP 20 AM I I : 13 COUNTY P'E('INSY'LVL NIA '01(. a MICHAEL J. REIGLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :2001-479 CIVIL TERM MELODIE A. (REIGLE) BARNACZ,: CIVIL ACTION - LAW Defendant IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kelsey Ann Reigle October 6, 1995 Father Clayton Micbael Reigle July 9, 1997 Father Kamryn Marie Reigle September 9, 1999 Father 2. A Conciliation Conference was held in this matter on September 16, 2005, with the following individuals in attendance: The Mother, Melodie A. (Reigle) Barnacz, with her counsel, Tabetha A. Tanner, Esquire and the Father, Michael J. Reigle, with his counsel, Nathan C. Wolf, Esquire. 3. Prior Orders of Court, dated October 6, 2003 and August 3, 2005 were entered by the Honorable Edgar B. Bayley, providing for shared legal custody, with Father having primary physical custody and Mother having periods of partial physical custody, including alternating weekends and most of the summer. 4. Mother filed a Petition for Modification requesting primary physical custody. 5. The parties agreed to the entry of an Order in the form as rattttached. Date (1acq ine M. Verney, Esquire Custody Conciliator JUL 2 4 2006 91 MICHAEL J. REIGLE, § Plaintiff § V. § MELODIE A. BARNACZ, § Defendant § IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-479 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER ALLOWING WITHDRAWAL OF DEFENDANT'S COUNSEL AND NOW, this a?'- day o 2006, upon consideration of the verified Petition of Defendant's Counsel For Leave to ithdraw Appearance, it is hereby ORDERED and DECREED that said petition is GRANTED and that petitioner, Tabetha A. Tanner, Esquire, be permitted to withdraw her appearance of record for the Defendant in the above captioned matter. . ok ,111 4 2001; TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Phone (717) 731-8114/ Fax (717) 731-8115 Attorney for Defendant MICHAEL J. REIGLE, § Plaintiff § v. § MELODIE A. BARNACZ, § Defendant § IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-479 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PETITION OF DEFENDANT'S COUNSEL FOR LEAVE TO WITHDRAW APPEARANCE The petition of Tabetha A. Tanner, Esquire, respectfully represents the following: 1. Defendant filed a Petition for Modification of Partial Custody or Visitation Order Pursuant to 23 Pa.C.S. 5310 on June 22, 2005. 2. The Petitioner and Defendant entered into an Attorney/Client agreement on April 29, 2005. Said agreement states that "if fees or costs are owing, payment is due no later than thirty (30) days from the date the bill is presented to you. If such statement is not timely paid, we reserve the right to suspend services until satisfactory payment arrangements are made or, if necessary, to end our services." 3. Defendant has an outstanding balance and has failed to make payments on the outstanding account. 5. Defendant last made payment on the outstanding balance on February 16, 2006 and has failed to make any payments since this time. 6. Petitioner sent Defendant regular monthly statements reflecting the fees owed for services rendered as well as periodic letters with regard to the above-referenced matter. 7. The Defendant has failed to substantially fulfill her financial obligation to the Petitioner regarding Petitioner's legal fees and Defendant has been given reasonable warning that Petitioner will withdraw unless said financial obligation is fulfilled. Good cause thus exists pursuant to Rule 1.16(b)(5) of the Pennsylvania Rules of Professional Conduct for Petitioner's withdrawal. 8. The continued representation of the Defendant without payment of Petitioner's fees, or the prospect of such payment, has resulted and will further result in an unreasonable financial burden on Petitioner. Good cause thus exists pursuant to Rule 1.16(b)(6) of the Pennsylvania Rules of Professional Conduct for Petitioner's withdrawal. 9. Plaintiffs counsel, Nathan Wolf, has indicated his lack of objection to Petitioner's withdrawal of representation in this matter. WHEREFORE, petitioner requests that this Court grant Petitioner leave to withdraw her appearance for Defendant in this action. Respectfully submitted, /a. N• /Cl?o?. Tabetha A. Tanner, Esquire Supreme Court I.D. No. 91979 t - r VERIFICATION I verify that the statements made in the foregoing Petition of Defendant's Counsel for Leave to Withdraw Appearance are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein may subject to me to the penalties of Pa.C.S. Section 4904 relating to unworn falsification to authorities. / ? I / ?? Tabetha A. Tanner, Esquire Fa _ - f_ A, JUL Z 4 2006 MICHAEL J. REIGLE, § IN THE COURT OF COMMON PLEAS OF § CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff § V. § NO. 2001-479 CIVIL TERM MELODIE A. BARNACZ, § CIVIL ACTION - LAW Defendant § IN CUSTODY ORDER ALLOWING WITHDRAWAL OF DEFENDANT'S COUNSEL AND NOW, this day o 2006, upon consideration of the verified Petition of Defendant's Counsel For Leave to ithdraw Appearance, it is hereby ORDERED and DECREED that said petition is GRANTED and that petitioner, Tabetha A. Tanner, Esquire, be permitted to withdraw her appearance of record for the Defendant in the above captioned matter. ? ??? ? M i `;?Vv?,, ? V ? , . ` j tom,' Ut _ Q ? F ? E•???? '?• 7 ~ rt3 a ?? MICHAEL J. REIGLE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 2001-0479 CIVIL ACTION LAW MELODIE A. BARNACZ, (FORMERLY IN CUSTODY REIGLE) DEFENDANT ORDER OF COURT AND NOW, Monday, June 30, 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 14, 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/ ac ueline M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 AiNt 13 QE' • JEANNE B. COSTOPOULOS, ESQUIRE Attorney L.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff MICHAEL J. REIGLE, Plaintiff vs. MELODIE A. BARNACZ, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No 2001-0479 CIVIL ACTION - AT LAW CUSTODY ITIO ' N FOR MODIFICATION OF DEFENDANT'S ANSWER T S PET O PLAINTIFF CUSTODY AND PERMISSION TO RELOCATE AND DE FENDANT'S PETITION FOR PRI MARY PHYSICAL CITST ODY AND NOW, comes Defendant, Melodie A. Barnacz, by and through her attorney, Jeanne B. Costopoulos, Esquire, and avers the following: DEFFNDANT'S ANSWFR TO Pi AINTIFF'S PETITION FOR MODIFICATION OF CUSTODY AND PERMISSION TO RELOCATE, 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. No answer required. If it is deemed an answer is required, Mother specifically denies the averments contained in paragraph 7 of Father's petition. 8. Admitted. a 9. Admitted. 10. Admitted. 11. Admitted. 12. Admitted. 13. Mother is without insufficient information to admit or deny the averments contained in paragraph 13 of Father's petition. 14. Mother is without insufficient information to admit or deny the averments contained in paragraph 14 of Father's petition. 15. Mother is without insufficient information to admit or deny the averments contained in paragraph 15 of Father's petition. 16. Mother is without insufficient information to admit or deny the averments contained in paragraph 16 of Father's petition. 17. Mother is without insufficient information to admit or deny the averments contained in paragraph 17 of Father's petition. 18. Mother is without insufficient information to admit or deny the averments contained in paragraph 18 of Father's petition. 19. Denied. It is denied that Father would have lost his job if he did not relocate to Kentucky and strict proof thereof is demanded. 20. No answer required. If it is deemed an answer is required, Mother specifically denies the averments contained in paragraph 20 of Father's petition. 21. Mother is without insufficient information to admit or deny the averments contained in paragraph 21 of Father's petition. 22. Mother is without insufficient information to admit or deny the averments contained in paragraph 22 of Father's petition. 23. Admitted. 24. Denied. 25. No answer required. 26. Mother is without insufficient information to admit or deny the averments contained in paragraph 26 of Father's petition. 27. Denied. It is specifically denied that the children have, while in their Father's primary custody, excelled in school and have had absolutely no behavioral issues and strict proof thereof is demanded. 28. Admitted. By way of further answer, the children do not desire to relocate to Kentucky. 29. Admitted. 30. Denied. 31. Denied. 32. No answer required. If it is deemed an answer is required, Mother specifically denies the averments contained in paragraph 32 of Father's petition. 33. No answer required. 34. No answer required. 35. Admitted. WHEREFORE, Mother respectfully requests this Honorable Court to deny Father's Petition for Modification of Custody and Permission to Relocate. DEFENDANT'S PETITION FOR PRIMARY PHYSICAL CIJSTODV 36. The averments set forth in paragraphs 1 through 35 above are hereby incorporated by reference. 37. The best interests and permanent welfare of the children will be served by granting Mother primary physical custody for the following reasons: (a) Father's work schedule is such that the children spend more time with third parties than with Father. (b) Father does not encourage the children to participate in extracurricular activities and has discouraged any activities that would require Father to arrange transportation to and from scheduled activities. (c) While in Father's custody, the children have had behavior issues and have suffered academically. (d) When at Father's home, the children lack proper supervision and are not protected from potentially dangerous situations. (e) When at Father's home, the children do not have proper hygiene and do not receive adequate health care. (f) Mother is the likely parent to foster a relationship with the other parent and make sure the children maintain relationships with extended family of both parties. 38. Mother believes, and therefore avers, that the children do not desire to move to Kentucky with Father and would prefer to be in Mother's primary custody. WHEREFORE, Mother requests that she be granted primary physical custody of the parties' three children subject to rights of partial custody with Father. Respectfully Submitted: By: J NE B. COSTOPOULO , UIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 7/////? ?- ATTORNEY FOR DEFENDANT Date. 406 VERIFICATION I, Melodie A. Barnacz, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Dater Q a Signature: Mel ie A. B cz I, Jeanne B. Costopoulos, Esquire, hereby certify that this day I personally served a copy of the foregoing document upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Nathan C. Wolf, Esquire 10 West High Street Carlisle, PA 17013 By: ,. JEANNE B. COSTOPOULO QUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 ATTORNEY FOR DEFENDANT Date: A??? c7 ns ? ` `7 ,7 r. .. '.: '.?.. CZ ,ju?:14 coos MICHAEL J. REIGLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2001-0479 CIVIL ACTION - LAW MELODIE A. BARNACZ, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this _ day of -N , 2008, upon consideration of the attached Custody Conciliation Re ort, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. 2, of the Cumberland County Court House, on the 28th day of August, 2008, at 8:45 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 Order of Court dated September 20, 2008 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. Edgar B. Bayley, cc: than C. Wolf, Esquire, counsel for Father Jeanne B. Costopoulos, Esquire, counsel for Mother e? ? d I 6L P era ?' co t:u i ct;p C ? Q) CV MICHAEL J. REIGLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2001-0479 CIVIL ACTION - LAW MELODIE A. BARNACZ, Defendant : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, P.J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kelsey Ann Reigle October 6, 1995 Father Clayton Michael Reigle July 9, 1997 Father Kamryn Marie Reigle September 9, 1999 Father 2. A Conciliation Conference was held July 14, 2008 with the following individuals in attendance: The Father, Michael J. Reigle, with his counsel, Nathan C. Wolf, Esquire, and the Mother, Melodie A. Barnacz, with her counsel, Jeanne B. Costopoulos, Esquire. 3. The Honorable Edgar B. Bayley, P.J. previously entered an Order of Court dated September 20, 2005 providing for shared legal custody, Father having primary physical custody during the school year, with Mother having alternating weekends during the school year. During the summer Mother has primary physical custody with Father having one full week and two weekends during the summer. 4. Father's position on custody is as follows: Father seeks a continuation of the status quo and permission to relocate the children to Louisville, Kentucky. Father asserts that in order to keep his job, it is mandatory for him to relocate and Louisville, Kentucky is the closest location to Mother. 5. Mother's position on custody is as follows: Mother seeks shared legal and primary physical custody. Mother maintains that Father did not need to relocate for his job. She further asserts that the children do not want to relocate and leave their current school and friends. 6. 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 day. 7 Date acq line A Verney, Esquire Custody Conciliator _._a ^-A MICHAEL J. REIGLE, PLAINTIFF V. MELODIE A. BARNACZ, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-0479 CIVIL TERM ORDER OF COURT AND NOW, this / day of September, 2008, following a hearing on the merits, IT IS ORDERED:' (1) All prior custody orders are vacated and replaced with this order. (2) Michael J. Reigle and Melodie A. Barnacz shall have shared legal custody with their children, Kelsey Reigle, born October 6, 1995, Clayton Reigle, born July 9, 1997, and Kamryn Reigle, born September 9, 1999. (3) Primary physical custody of Kelsey, Clayton and Kamryn is awarded to their father. (4) The petition of the father to move Kelsey, Clayton and Kamryn to Salem, Indiana, IS GRANTED. (5) The mother shall have temporary physical custody of Kelsey, Clayton and Kamryn as follows: (a) From the second Saturday after the end of each school year to the third Saturday before the start of the next school year. (b) During each Christmas school break from the day after school ends until two days before school begins. (c) At such other times as they may agree. 'An opinion in support of this order will follow. . -4 (6) The parents shall make shared transportation arrangements for the children during changes of custody. Nathan Wolf, Esquire For Michael J. Reigle ,#=6 Costopoulos, Esquire For Melodie A. Barnacz sal By,.the Court, r ti Edgar B. Bayley, J. t? C C-3 f„? MICHAEL J. REIGLE, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MELODIE A. BARNACZ, DEFENDANT 01-0479 CIVIL TERM IN RE: CUSTODY OPINION IN SUPPORT OF ORDER DATED SEPTEMBER ?. 2008 Bayley, J., September 16, 2008:-- Michael J. Reigle, age 31, and Melodie A. Barnacz, age 31, were married in 1994, separated in January, 2001, and divorced in 2003. They are the parents of Kelsey Reigle, age 12, born October 6, 1995, Clayton Reigle, age 11, born July 9, 1997, and Kamryn Reigle, age 9, born September 9, 1999. The three children have been in the primary physical custody of their father since the parties' separation. A current custody order entered on July 20, 2005, provides the mother with temporary physical custody during the school year of every other weekend from Friday evening until Sunday evening. She has the children during the summer except for one week and two weekends that the father has them. The parents alternate holidays. On June 20, 2008, the father filed a petition to relocate the children to another state. The mother opposes the move. A hearing was conducted on August 28, 2008. An order was entered on September 2, 2008, that provides: (1) All prior custody orders are vacated and replaced with this order. (2) Michael J. Reigle and Melodie A. Barnacz shall have shared legal custody with their children, Kelsey Reigle, born October 6, 1995, Clayton Reigle, born July 9, 1997, and Kamryn Reigle, born September 9, 1999. (3) Primary physical custody of Kelsey, Clayton and Kamryn is awarded to their father. (4) The petition of the father to move Kelsey, Clayton and Kamryn to Salem, Indiana, IS GRANTED. 01-0479 CIVIL TERM (5) The mother shall have temporary physical custody of Kelsey, Clayton and Kamryn as follows: (a) From the second Saturday after the end of each school year to the third Saturday before the start of the next school year. (b) During each Christmas school break from the day after school ends until two days before school begins. (c) At such other times as they may agree. (6) The parents shall make shared transportation arrangements for the children during changes of custody. This opinion is filed in support of the order. The parents were living in Perry County when the mother separated in January, 2001, and moved to New Jersey with Scott Barnacz, age 33. They were married in April, 2004. The father married Christan Reigle, age 41, on October 24, 2003. They have lived together since October, 2001, with his three children and her son, Christopher Lavere, age 14. Christan Reigle works part-time as a waitress. For the last four years they have lived in a rented three bedroom two bath apartment in Ickesburg, Perry County. The children attend school in the West Perry School District. Kelsey is in eighth grade, Clayton sixth grade and Kamryn third grade. Kelsey excels at school, Clayton, who can be lazy about getting his homework done, improved at the end of the last school year. Kamryn is doing well. The father worked as a Teamster dockworker for Consolidated Freight for two and a half years. Consolidated Freight then went out of business. The father obtained his CDL license and started driving a truck five years ago. Initially, he was a non-union driver for two different companies. Approximately four and a half years ago, he became a Teamster driver for Yellow Freight Transportation out of its Lancaster terminal. He needed a total of five years to vest his Teamster's pension. When he started driving for -2- 01-0479 CIVIL TERM Yellow his two and a half years with Consolidated Freight counted toward this period. At Yellow's Lancaster terminal, the father was on the extra board as a line-haul driver, which means that he was on call twenty-four hours a day seven days a week. When called to work, he had two hours to report. He worked a lot of nights and on many weekends. After six trips he had forty-eight hours off and after twelve trips seventy-two hours off. In 2006, he earned about $63,000 and in 2007 about $67,000. In April 2008, Yellow posted a realignment at its Lancaster terminal which was effective on June 15th and which resulted in a loss of over one hundred positions. In order to ensure that he did not lose his job with Yellow, the father had to bid on another job in another location. Bidding was by order of seniority, and although the father had worked for Yellow for over four years, there were many others who had more seniority. He did not want to take a significant cut in pay, and if possible he wanted to improve his working conditions. Taking those primary factors into consideration, he bid on a position at a Yellow facility in Louisville, Kentucky. It provided him comparable pay working Monday through Friday from 9:00 a.m. to approximately 7:30 p.m.' He accepted the position which required that he report for work on July 6, 2008, which he did.2 The Louisville terminal was the closest to this area which guaranteed forty hours a week with pay comparable to what he was making at the Lancaster terminal. The position in ' This is a start time position. If Yellow had not realigned its Lancaster terminal, and the father had continued to work there, it would have taken him approximately fifteen years to obtain such a position. 2 He is currently sharing the cost of an apartment rented by another driver. -3- 01-0479 CIVIL TERM Louisville allows him to continue as a Teamster driver and maintain his seniority with Yellow. Contingent on his being able to move his children, the father has found a three bedroom two and a half bath home on 5.6 acres in Salem, Indiana, which is thirty-eight miles from the Yellow terminal in Louisville. He has a commitment for a mortgage. The advantages of living in Salem and commuting to work in Louisville is that Salem has a substantially lower cost of living than in Louisville, with good schools.' The father's wife and children visited in Salem during the third week of August. After she separated from the father, the mother lived in New Jersey for seven years. In 2005, she enlisted in the Army National Guard. She was injured during basic training in Fort Jackson, South Carolina, and discharged for medical reasons on June 9, 2006. In March, 2007, she and her husband moved to Carlisle, Cumberland County. Her husband works for Borders Distribution and she is a machine operator at Carlisle Syntec Monday through Friday from 3:30 p.m. to 11:00 p.m. The mother testified that she moved back to Pennsylvania because she wanted to be closer to her children. When she had the children this summer, her parents cared for them when she was working.4 LEGAL PRINCIPLES In Gruber v. Gruber, 400 Pa. Super. 174 (1990), the Superior Court of 3 It also has a lower cost of living than in Perry County. 4 Her mother and the father's mother, who see the children, also live in this area. -4- 01-0479 CIVIL TERM Pennsylvania set forth three factors for consideration in determining whether a parent should be permitted to relocate children outside of the geographical area of the non- custodial parent: 1. The potential advantages of the proposed move and the likelihood that the move would substantially improve the quality of life for the custodial parent and the children and is not the result of a momentary whim on the part of the custodial parent. 2. The integrity of the motives of both the custodial and non-custodial parent in either seeking the move or seeking to prevent it. 3. The availability of realistic, substitute visitation arrangements which will adequately foster an ongoing relationship between the child and the non-custodial parent. In Beers v. Beers, 710 A.2d 1206 (Pa. Super. 1998), the Superior Court set forth that it has consistently held that Gruber "refines upon, but does not alter the basic and determinative inquiry as to the direction in which the best interests of the child lie." In Collins v. Collins, 897 A.2d 466 (Pa. Super. 2006), the Superior Court stated that when there is no final custody order in place when a parent files a petition to relocate a child, the trial court must scrutinize the custodial environment offered by each parent without favoring one or the other, as part of the requisite best interest analysis. The focus of the court must be on determining which parent and which living situation provides a familial setting that better serves the children's best interest. Id. As to the first Gruber factor, the Superior Court stated in Anderson v. McVay, 743 A.2d 472 (Pa. Super. 1999): A court need not consider only economic benefits when determining whether relocation substantially improves the quality of life of the parent.... Rather, "when the move will significantly improve the general quality of life for the custodial parent, indirect benefits flow to the children with whom they reside." This is because "the best interests of the -5- 01-0479 CIVIL TERM child are more closely aligned with the interests and quality of life of the custodial parent." ... [T]here is no need ... to show an independent benefit, apart from that of [the moving party], flowing to the children because of the relocation. See Zalenko v. White, 701 A.2d 227, 229 (Pa. Super. 1997). (Other citations omitted.) The father is a hard worker who has progressed from a job on a dock to a CDL truck driver with an established company. His current job with Yellow Freight Transportation provides him substantial income, and now his working conditions have much improved. If the father had not taken the position in Louisville, but gone to work for another trucking company in this area, he would have had to take a substantial cut in pay, would have had much poorer working conditions, and would not have had any seniority. As he testified, he would have had to start out all over again. Also by retaining his position as a Teamster driver, he derives considerable benefit over that of a non-union position. Clearly, the potential advantages of a move to Salem, Indiana, where he will work out of the Louisville terminal, will substantially improve his quality of life over what it would have been if he had not made the move. The father researched and put considerable time into looking at all of the other possible positions there were with Yellow Freight Transportation which would have been closer to this area. None of those positions provided him with the substantial benefits he has at the Louisville terminal. It was a difficult decision for him to move which was brought about by the realignment of the Lancaster terminal. Thus, the move is not a momentary whim. The move will not only protect the father's economic stability but it has the further benefit of providing him the means to purchase a home in a community where the cost of living is -6- 01-0479 CIVIL TERM less than where he is now living. The protection of this quality of life will benefit Kelsey, Clayton and Kamryn as their interests are closely aligned with the interest and quality of life of their father. Clearly, the integrity of the motive of the father in seeking to move his children who have been in his primary physical custody for over seven and a half years since the mother separated in January, 2001, is sound. We do not question the integrity of the mother in opposing the move since she was able, even when living in New Jersey for seven years, to have regular periods of temporary physical custody that fostered an ongoing relationship with her children. It is interesting, however, that if the mother had not been injured after she enlisted in Army National Guard in 2005, which resulted in her discharge for medical reasons on June 6, 2006, her regular contact with her children would obviously have been significantly decreased. We are satisfied that the order entered on September 2, 2008, provides the mother with reasonable periods of temporary physical custody foster her ongoing relationship with Kelsey, Clayton an amry t b i9x- (Date) Edgar B. Bayley, J. ZNathan Wolf, Esquire For Plaintiff -Jeanne Costopoulos, Esquire For Defendant :sal Oo i cs r xa -7- 4fr??o8 ? t <L U 1 :- r 4-? MICHAEL J. REIGLE, PLAINTIFF V. MELODIE A. BARNACZ n/k/a MELODIE BEECH DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBELRAND COUNTY, PENNSYLVANIA 01-0479 CIVIL IN RE: PETITION FOR EMERGENCY RELIEF ORDER OF COURT AND NOW, this 23~d day of September, 2010, upon consideration of Petitioner's Petition for Special Relief pursuant to Pa.R.C.P. No. 1915.13, IT IS HEREBY ORDERED AND DIRECTED that Father is prohibited from relocating the children from their current residence until further Order of this Court. An Emergency hearing on this matter is scheduled for 3:00 p.m. on Thursday, September 30, 2010, in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. The Emergency hearing will be limited to 1 hour. Each side will be given no more than 30 minutes. Only the Father and Mother will testify. Notice of the entry of this Order is to be provided by Mother. By the Court, / Dean E. Reynosa, Esquire Attorney for Mother athan C. Wolf, Esquire Attorney for Father bas ~o iFS ma~~ 4~~~~ ~~ M. L. Ebert, Jr., J. ~~ k"7 ~` r~ ~ ~r en ~, -~ ~ ~~ :~ c~ ~o S,, c z -~ N p cr'> t~'t -,s w -,~ cn ~. 0 ~. 1 T7 ~;,- -~ tzt ~~ c~ , s° ~~ ~~ a r.,,~ n -~ - MICHAEL J. REIGLE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2001-479 CIVIL ACTION LAW MELODIE A. BARNACZ N/K/A MELODIE BEECH IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, September 24, 2010 , 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, October 19, 2010 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 pennanent 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/ ac ueline M. Verne Es yCustody 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 OFFIDE T FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 9?aZY?/d Cumberland County Bar Association r t-. r 32 South Bedford Street w =e?_ r_- , e y /rill ??• JCCj,taosjk Carlisle, Pennsylvania 17013r (? Telephone (717) 249-3166 rndt l.- ( 7 r+ A 44y A.) • WbW c c`am' ?,' 1 MICHAEL J. REIGLE, IN THE COURT OF COMMON PLEAS OF PLA{NTIFF CUMBELRAND COUNTY, PENNSYLVANIA V. MELODIE A. BARNACZ n/k/a MELODIE BEECH DEFENDANT 01-0479 CIVIL {N RE: CUSTODY ORDER OF COURT AND NOW, this 30th day of September, 2010, IT IS HEREBY ORDERED AND DIRECTED that a custody hearing on the issue of Michael Reigle's relocation will be held on Monday, November 22, 2010, at 9:00 a.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, ' ~`~ M. L. Ebert, Jr., J. '~ Dean E. Reynosa, Esquire Attorney for Mother Y Nathan C. Wolf, Esquire Attorney for Father ca bas ~-~ ~ °~~ ~ _ ~~ Cep; es ,.,~~..f~d /ofr~f,U ~~~~ ~ r+p ~~- . _~ ~ ~~ .. ~ _ ,,~ ;V y ~~~ ~ ~v ~ F ..,.r c':.. wa MICHAEL REIGLE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V . MELODIE BARNACZ, n/k/a MELODIE BEECH, 01-0479 CIVIL TERM Defendant IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT °'B..j'w`rS "" IFS AND NOW, this 30th day of September, .2010, a;,n~ s~i~~j consideration of Melodie Beech' s Petition for Emergen~t~e~~.}e~ ~~ ~-- ..~. and after hearing on the matter, IT IS HEREBY ORDERED~~ ~ ~~~_ -~ .R~ nv c, r a c--s DIRECTED that the children shall remain in Carlisle ar~ct~~e .z- ~`~' --~ ~ ~~~ enrolled in the Carlisle School District immediately. In the `"~ interim, counsel shall provide the Court with a proposed custody exchange schedule. By the Court, ~~ M. L. Ebert, Jr., J. than C. Wolf, Esquire For the Plaintiff n Reynosa, Esquire For the Defendant :mtf ~e,,a~' ~o~ «;~ MICHAEL J. REIGLE, Respondent v. MELODIE A. BARNACZ n/k/a MELODIE BEECH Petitioner 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA N0.01-0479 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY MOTION TO MAKE STIPULATION AN ORDER OF COURT L {~ AND NOW, this ~ day of October, 2010, come MELODIE A. BARNACZ n/k/a MELODIE BEECH, by and through her counsel and respectfully represents as follows: 1. This matter is currently scheduled for a hearing before the Honorable M.L. Ebert, Jr., on November 22, 2010. 2. The parties have agreed upon the attached Stipulation concerning the custody of the children. See original Stipulation attached hereto and incorporated herein as Exhibit "A" SAIDIS SULLIVAN LAW 26 West High Screet Cazlisle. PA 3. The parties ask that the terms of the attached stipulation be made an order of Court. WHEREFORE, it is respectfully requested that the terms of the attached signed Stipulation of the parties be made an Order of Court and the hearing scheduled for November 22, 2010, be cancelled. ~~1t~'v~,tt1 i~.~iFtit~Cl U~ c~ ~~d ~ i 1~D Ci~a? ~at~-~:"Rt~,~rnosa, Esquire Saidis Sullivan. Law 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Petitioner AhtfllJ~~~~10~~ 3H1 ~0 MICHAEL J. REIGLE, Respondent v. MELODIE A. BARNACZ n/k/a MELODIE BEECH Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA N0.01-0479 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY CERTIFICATE OF SERVICE By First-Class Mail: Nathan C. Wolf, Esquire Wolf & Wolf 10 West High Street Carlisle, PA 17013 DeyKi L-~o ,Esquire S idis Sullivan L 26 West HighStre t Carlisle, PA 17013 (717) 243-6222 Counsel for Petitioner SAIDIS SULLIVAN LAW 26 West High Street Carlisle, PA AND NOW, October ~, 2010, I, Dean E. Reynosa, Esquire, hereby certify that l did serve a true and correct copy of the Motion to Make Stipulation an Order of Court upon Respondent's counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: MICHAEL J. REIGLE, Respondent v. MELODIE A. BARNACZ n/k/a MELODIE BEECH Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA N0.01-0479 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY Stipulation The parties hereto stipulate as follows: 1. The parties are the biological parents of three children: Kelsey Ann Reigle (DOB 10/6/1995); Clayton Michael Reigle (DOB 7/9/1997); and Kamryn Marie Reigle (DOB (9/9/1999). 2. A hearing was he{d on September 29, 2010, before the Honorable M.L. Ebert, Jr., concerning Mother's request for special relief in the nature of preventing Father from relocating the children to the State of New York. 3. The Honorable M.L. Ebert, Jr., entered an order directing that the children not be relocated to New York and that they remain in Pennsylvania and be enrolled in the local school district. 4. The order further directed that the parents share physical custody of the children on a `week on week off' basis since both parents planned to reside in Carlisle. 5. Father and Mother shall have shared legal custody of the children. 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 health, education and religion. This means that both parents are equally entitled to all medical and educational information, records and reports. 6. Mother shall have primary physical custody of the children. 1 7. Father shall have periods of partial physical custody on the following schedule: A. Commencing four days after school lets out for the summer holiday, Father shall have custody of the children until four days before the school year resumes, provided, however, that upon 30 days notice from Mother, Mother may exercise two consecutive weeks (fourteen consecutive days) during the summer for her vacation. B. One weekend per month from Friday after school until Sunday at 12:00 p.m. $. The Christmas holiday shall be divided into two blocks: Block A shall be from 12:00 p.m. on December 24 until the day before school resumes at 12:00 p.m. and Block B will be from December 26 at 9:00 a.m. until 12:00 p.m. until the day before school resumes. Father shall have custody of the children on Block A in even numbered years and Block B in odd numbered years. 9. The parties will alternate the Thanksgiving holiday from the Wednesday before the holiday from after the time that school lets out for the holiday until the Sunday after the holiday at 12:00 p.m. Mother shall begin by exercising her right to the Thanksgiving holiday during 2010. 10. Father shall have physical custody of the children during their spring break from school commencing at 10:00 a.m. on the morning after school {ets out and continuing until 12:00 p.m, on the day before school resumes. 11. When any Monday holiday coincides with a party's weekend schedule, that party shall be entitled to extend the weekend until Monday at 12:00 p.m. 12. Holidays shall take precedence over the alternating, weekend schedule. 13. Transportation shall be shared so that the party receiving the children will be picking them up. 2 14. The parties shall be entitled to liberal telephone contact. Neither party, nor any adult members of their household, shall withhold telephone contact with the children. In the event one parent calls the children and must leave a message, the custodial parent will immediately have the children return the parent's call. Neither party will use an answering machine or Caller-ID to screen calls. The parties, when the children are in their custody, will answer the phone and permit the out of custody parent to talk with the children. 15. Both parents shall provide each other with current telephone numbers. 16. Neither party will do, or permit third parties to do, anything that may estrange the children from the other party or injure the opinion of the children as to the other party or may hamper the free and natural development of the children's love and affection of the other party. 17. In the event that one party or the other party will be more than one hour late in pick up or delivery of the children, he or she will notify the other party immediately. This late notice is not license for one party to leave late for pick up or delivery, but rather is to take into account unavoidable delays in traffic. Neither party may delay leaving for pick up or delivery of the children beyond the time normally necessary in order to accomplish that task. 18. In the event one party wishes to modify in any respect the terms of this Agreement, he or she may not do so unilaterally, but rather must seek the agreement of the other party. 19. The parties intend that the terms of this Stipulation be made an Order of Court. Father e Michael J. Reigle c~v Melodie A. Barnacz n/Wa Melodie Beech 4 Nor n C.~olf, Esq. OCt 15 2010 MICHAEL J. REIGLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : NO.38~~9~-479 CIVIL ACTION -LAW • a?0~ I MELODIE A. BARNACZ, n/Wa MELODIE BEECH, : IN CUSTODY Defendant ORDER OF COURT AND NOW, this 14th day of October, 2010, being advised that the parties have reached a stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, ~•V acq eline M. Verney, Esquire, Cus dy Conciliator G C:3 ~ ~ ~ ' ..s ' Q i ~~-....,, .""~. Y^sv ~ '-^"~~. p~ ~-~ ~~ OCT 15 ~u~u MICHq-EL J. REIGLE, IN THE COURT OF COMMON PLEAS Respondent :CUMBERLAND COUNTY PENNSYLVANIA v. NO.01-0479 CIVIL TERM MELD IE A. BARNACZ n/k/a MELO~IE BEECH :CIVIL ACTION -LAW Petitioner IN CUSTODY ORDER OF COURT th AID NOW, this 19 day of October, 2010, upon consideration of the within stipulation, the terms are hereby made an Order of Court. IT IS FURTHER ORDERED that the hearing scheduled for November 22, 2010, is hereby cancelled. ', By the Court, M.L. Ebert, Jr., J SAIDIS SULLIVAN LAW 26 West High Street Carlisle, PA cc: can E. Reynosa, Esquire Attorney for Petitioner khan C. 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