HomeMy WebLinkAbout99-04145?Ni
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RYAN J. RICH IN'1'111 C'OUR'1' OF COMMON PLEAS OI;
PLAINTIFF : CUM1313RI.AND C'OUNT'Y, PENNSYLVANIA
V.
99-4145 CIVIL ACTION LAW
JENNIFER L. MUNDIS, A/K/A JENNIFER L.
TIENTER IN CUS'T'ODY
DEFENDANT
ORDER OF COURT
AND NOW, Friday, July 30, 2004 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator,
at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, August 18, 2004 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/ Dawn S. Nu ay- Esq. mhc
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 GETLEGAL KELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
'telephone (717) 249-3106
l L: F Cr F!CE
2NIJUL 0 N 3 009
cu;
22e oy
1 S 0 2004
J. RICH,
Plaintiff/Respondent
VS.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND
OF PENNSYLVANIA
. CIVIL ACTION - CUSTODY
NNIFER L. MUNDIS,
K.A. JENNIFER L. TIENTER,
Defendant/Petitioner NO. 99-4145
ORDER OF COURT
AND NOW, , upon
ideration of the attached complaint, it is hereby directed
the parties and their respective counsel appear before
, the conciliator, at
day of , 2004, at _
.m., for a Pre-Hearing Custody Conference. At such
erence, an effort will be made to resolve the issues in
ute; or if this cannot be accomplished, to define and narrow
issues to be heard by the court, and to enter into a temporary
r. All children age five or older may also be present at the
erence. Failure to appear at the conference may provide
nds for entry of a temporary or permanent order.
FOR THE COURT,
By:
Custody Conciliator
e Court of Common Pleas of Cumberland County is required by law
comply with the Americans with Disabilities Act of 1990. For
formation about accessible facilities and reasonable
commodations available to disabled individuals having business
fore the court, please contact our office. All arrangements
st by made at least 72 hours prior to any hearing or business
fore the court. You must attend scheduled conference or
SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
OFFICE OF THE COURT ADMINISTRATOR
CUMBERLAND COUNTY COURTHOUSE, 4TH FLOOR
1 COURTHOUSE SQUARE
CARLISLE, PA 17013-3387
717-240-6200
RYAN J. RICH, IN THE COURT OF COMMON PLEAS
Plaintiff/Respondent OF CUMBERLAND
OF PENNSYLVANIA
VS.
CIVIL ACTION - CUSTODY
JENNIFER L. MUNDIS,
A.K.A. JENNIFER L. TIENTER, `-;
Defendant/Petitioner NO. 99-4145
"73
_„rn
PETITION TO MODIFY CUSTODY =' -'•L7
1. Plaintiff/Respondent is Ryan J. Rich, father of the. chfldr.:
r _
residing at 15 North Middlesex Road, Carlisle, Cumberland Eounty,
Pennsylvania.
2. Defendant /Petitioner is Jennifer L. Tienter , mother of the
children, residing at 13 N. Carlisle Street, Apartment 1-B, New
Bloomfield, Perry County, Pennsylvania.
4. By Stipulation of the parties and by Order dated April 21,
2003, custody of the minor children, Dylan T. Rich (d.o.b. October
14, 1997) and Destiny T. Rich (d.o.b. September 6, 2002), was
awarded as follows:
A. Joint legal custody to both parties.
B. Subject to a modified holiday schedule, physical custody
was awarded to both parties on an equal basis with
Mother/Petitioner having the children overnight on
Tuesday, Wednesday, Thursday and Friday during week one
of the custody schedule and Father/Respondent having the
children overnight on Monday, Saturday and Sunday during
week one of the custody schedule. During week two of
the custody schedule, Mother/Petitioner has the children
overnight on Tuesday, Wednesday and Thursday and
Father/Respondent has the children overnight on Monday,
Friday, Saturday and Sunday. (See copy of Order
attached hereto as Exhibit °A°.)
Defendant/Petitioner seeks to modify the current custody
gement because:
A. In May 2004, Mother/Petitioner moved from the Cumberland
Valley School District to the West Perry School District
with no objection from Father/Respondent.
B. The parties oldest child, Dylan, will be starting first
grade at the beginning of the 2004-2005 school year.
C. Under the current schedule, Mother/Petitioner has the
children overnight on seven out of ten school days.
D. If the schedule remains the same, Dylan will have to be
transported either from the West Perry School District
to the Cumberland Valley School District or from the
Cumberland Valley School District to the West Perry
School District three to four times per week.
E. During this period of travel, the parties two year old,
Destiny, would have to accompany the custodial parent
unless child care arrangements can be found.
F. Traveling that distance for most of the school week is
not in the best interest of the children when it is
possible for them to maintain their relationship with
Father/Respondent with an alternative custody schedule.
G. Mother/Petitioner is a stay at home mom and is able to
care for the children all day without the need for day
care.
H. Father/Respondent works daylight and must place the
children in day care while he works.
I. It is in the best interests of the children to be in the
care of Mother/Petitioner rather than in day care during
the periods when Father/ Respondent is working as placing
the children in day care does nothing to advance the
father/child relationship.
J. In May 2004, Father/Respondent went into a rage and
struck his current girlfriend's fourteen year old son in
the face and broke the boy's jaw.
K. Mother/Petitioner fears that Father may exhibit his
violent tendencies in the presence of her children.
L. Father/Respondent consumes alcohol in excess and
Mother/Petitioner fears that this may adversely affect
the children's relationship with Father.
WHEREFORE, Defendant/Petitioner requests the Court to modify
custody of the children as follows:
A. Joint legal custody to both parties;
B. Primary physical custody shall be awarded to mother with
periods of temporary physical custody to Father as
follows:
1. Every weekend from Friday after school until
Sunday evening at 8:00 pm;
2. Holidays to be split as set forth in the April 21,
2003 Order.
C. The children shall be enrolled in the West Perry School
District.
D. Father shall not drink during his periods of physical
custody.
Respectfully Submitted:
DISSINGER AND DISSINGER
By:
Mary A. ett r Dissinger
Attorney for Defendant
Supreme Court I.D. #27736
28 N. 32nd Street
Camp Hill, PA 17011
(717) 975-2840
VERIFICATION
I, Jennifer L. Tienter, verify that the statements made in
he Petition to Modify Custody are true and correct. I understand
hat false statements herein are made subject to the penalties of
8 Pa.C.S. 94904 relating to unsworn falsification to authorities.
Je nifer Tienter
JUL-2e-2004 15:45 DIANE RADCLIFF
717 975 06x7 P. 02/05
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PE.NNSYLV-WA
RYAN JAMES RICH,
Plaintiff
V.
JENNIFER LYNN MUNDIS,
Defendant
No. 99-4145 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
ORDER OF COURT
AND NOW., this .26g1 day of1w : l , 2003, upon consideration
of the within Stipulation, IT IS HEREBY ORDERED AND DECREED that the terms of'dte
within Stipulation are hereby made an Order of Court.
BY THE COURT:
rsi C?. <<?Q a lTo.
Distribution to:
Diane G. Radcliff, Esquire Ryan J. Rich Jennifer Lyme Mundis
3448 Trindle Road 382 Pin Oak Lane 382 Pin Oak Lane
Camp Hill, PA 17011 Carlisle, PA 17013 Carlisle, PA 17013
Attorney for Plaintiff Plaintiff Defendant
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EXHIBIT
JUL-28-2004 15:45 DIANE RADCLIFF 717 975 0097 P.03i05
IN THE COURT OF COMMON PLEAS OF
CUMBERLAVD COUNTY, PENNSYLVANIA
RYAN JAMES RICH, No. 99-4145 CIVIL TERM
Plaintiff
V. CIVIL ACTION - LAVA'
JENNIFER LYNN MLNDIS,
Defendant
N CUSTODY
;r,• -
CUSTODY STIPULATION
AND NOW, this S?7day of 2003, it is hereby stipulated and
agreed between the parties as follows:
1. Dylan Tyler Rich, born October 14, 1997, and Destiny Taylor Rich, born September
6, 2002, (the "Children") are the natural Children of Ryan James Rich ("Father") and
Jennifer Lynn Mundis ("Mother").
2.
3.
The parties shall have shared legal custody of the Children as contemplated by the Act
of November 5, 1981, P.L. 322, 23 P.S. § 1001, et seq.
The parents shall have shared physical custody of the Children according to the
following schedule:
a. In Week 1 Father shall have physical custody of the Children from 12:00 noon
Saturday until Tuesday at 5:30 p.m. In Week 2 Father shall have physical
custody of the Children from 5:30 p,m. on Friday until Tuesday at 5:30 p.m.
b. In Week 1 Mother shall have physical custody of the Children from 5:30 p.m.
Tuesday to 12:00 noon on Saturday. In Week 2 Mother shall have physical
custody of the Children from 5:30 p.m. Tuesday to 5:30 p.m. on Friday.
2
TUL-28-2004 15:53 DIANE RADCLIFF 717 975 0697 P.02i03
C. The foregoing schedule is set forth on the following Table #1:
TABLE #1 • WEEKLY CUSTODY SCHEDULE
Week Monday Tuesday Wednesday Thursday Friday Saturday Sunday
1 Father Custody Mother Mother Mother Custody Father
tranefers to transfers to
Mother at
Father at
5:30 pm 12:00 pm
2 Father Custody Mother Mother Custody Father Father
transfers to transfers
Mother a: to Father
5:30 pm at 5:30 pm
4. Notwithstanding the above schedule, each party shall have the Children for one
uninterrupted week during the summer vacation period, upon thirty (30) days advance
notice to the other party.
5. The following shall apply to holidays and other special days:
a. The parties shall alternate the following holidays from 9:00 a.m. to 9:00 p.m.:
Memorial Day, 4' of July, and Labor Day.
b. On Easter and Thanksgiving, Mother shall have physical custody of the
Children in even numbered years from 9:00 a.m. until 2:30 p.m. and the Father
shall have physical custody of the Children in even numbered years from 2:30
p.m. until 9:00 p.m. In odd numbered years, the schedule shall reverse.
C. In even numbered years, the Father shall have physical custody of the Children
from 12:00 noon December 24 to 12:00 noon December 25 and Mother shall
have physical custody of the Children from 12:00 noon December 25 until
12:00 noon December 26. In odd numbered years the Christmas period shall
reverse.
3
JUL-28-2004 15:46 DIANE RADCLIFF 717 975 0697 P.04i05
d. Mother shall have physical custody from 10:00 a.m. until 9:00 p.m. on
Mother's Day and Father shall have physical custody from 10:00 a.m. until
9:00 p.m. on Father's Day.
e. The foregoing schedule is set forth in the following Table #2:
TABLE #2 • HOLIDAY SCHEDULE
HOLIDAYS TIMES EVEN
YEARS ODD
YEARS
Easter Day Segment #1 9:00 a.m. until 2:30 p.m. Mother Father
Easter Day Segment #2 2:30 p.m. until 9:00 p.m. Father Mother
Memorial Day Weekend 9:00 a.m. until 9:00 P.M. Mother Father
July 4th 9:00 a.m. until 9:00 P.M. Father Mother
Labor Day Weekend 9:00 a.m. until 9:00 P.M. Mother Father
Thanksgiving Day Segment #1 9:00 a.m. until 2:30 p.m. Mother Father
Thanksgiving Day Segment #2 2:30 p.m. until 9:00 p.m. Father Mother
Christmas Segment #1 12:00 p.m. on 12/24 to 12:00 p.m. 12/25 Father Mather
Christmas Segment #2 12:00 p.m. on 12/25 to 12:00 p.m. 12/26 Mother Father
Mothers Day 10:00 a.m. until 9:00 p.m. Mother Mother
Fathers Day 10:00 a.m. until 9:00 P.M. Father Father
6. The party receiving custody shall provide transportation from the custodial parent's
residence.
7. The exchange of custody shall occur at the custodial parent's residence. unless other
arrangements are made and agreed to by both parties for an alternate place for the
exchange of custody.
8. The custodial parent shall inform the non-custodial parent immediately of all medical
appointments and problems pertaining to the Children.
4
JUL-28-2004 15:53 DIANE RADCLIFF
717 975 0697 P.03i03
9. Neither parent shall do or say anything, which may estrange the Children from the
other parent, injure the opinion of the Children as to the other parent or hamper the
free and natural development of the Children's love and respect for the other parent.
10. Both parents shall have liberal and reasonable telephone contact with the Children
when the Children is in the custody of the other parent.
11. The custodial parent shall provide copies of the Children's report card and other
reasonable papers affecting the Children's education, medical condition, or welfare.
12. In odd numbered years, the Father shall claim the Children for tax purposes and in
even numbered years, the Mother shall claim the Children for tax purposes.
13. The parties shall equally share and contribute to the child care expenses incurred for
the Children. If any childcare network or other subsidy for such expenses is obtained,
that child care subsidy shall be share equally between the parties.
14. The parties shall equally share and contribute to the costs of health insurance for the
Children, including any supplemental dental and vision and prescription coverage.
The parties shall equally share and contribute to the medial expenses incurred for the
Children, including but not limited to the expenses incurred for medical, dental and
optical treatment for the Children.
15, The parties shall equally share and contribute to the expenses and costs incurred for
the recreational and extra-curricular activities of the Children, provided, however, that
no such expense shall be incurred by a parry without the prior consent of the other
party.
16. There shall be no child support paid by either party to the other party, each party
specifically waving the right to receive child support from the other patty as long as
the parties share joint physical custody of the Children. Theterms of this Stipulation
have been specifically negotiated based on the wavier of child support herein
TOTAL P.03
JUL-28-2004 15:46 DIANE RADCLIFF
717 975 0697 P.05i05
provided, and have acted as an inducement to enter into this Stipulation. This waiver
shall apply regardless of the financial circumstances of the parties, and neither party
shall apply for any governmental benefits which would negate the waiver herein
provided. Tfa party obtains child support in violation of the terms of this Stipulation,
then the other party shall be entitled to one additional overnight period every two (2)
weeks, upon the condition that the parry receiving the additional overnight period
aforesaid does not seek nor obtain child support from the other party.
17. The parties authorize the Court to enter an order incorporating the tenns of this
Stipulation.
IN WITNESS WHEREOF, the parties have set their hands and seals, the day and year
below written:
Date AN JAMES RICH
S" OS ISEAL)
Date JEN IFER LYNN MUNDIS
TOTAL P.05
AN J. RICH, IN THE COURT OF COMMON PLEAS
Plaintiff/Respondent OF CUMBERLAND
OF PENNSYLVANIA
VS.
CIVIL ACTION - CUSTODY
NNIFER L. MUNDIS,
K.A. JENNIFER L. TIENTER,
Defendant/Petitioner NO. 99-4145
CERTIFICATE OF SERVICE
I, Mary A. Etter Dissinger, hereby certify that on the date
set forth below I served a true and correct copy of the foregoing
document upon Diane G. Radcliff, attorney for
Plaintiff /Respondent, by First Class United States mail addressed
as follows:
Diane G. Radcliff, Esquire
3448 Trindle Road
Camp Hill, PA 17011
e: -? / ?U oy e. .?/ ^ Cl ?• Svc..
Mary A. Etter Dissinge-?G
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W RYAN J. RICH
Plaintiff
VS.
JENNIFER L. MUNDIS, A/K/A
JENNIFER L. TIENTER
Defendant
AUG 3 0 2004
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
99-4145
CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this 5? day of I? ?? ` 2004, upon
consideration of the attached Custody Conciliation Report, it i iordered and directed as follows:
1. A hearing is scheduled in Courtroom No.. of;th C gil ellagd ounty
Courthouse on the I H tk day of DPf', a , 2004 '?f whi{ h i tbsstiimony will be
taken. For purposes of the hearing, the Mother, Jennifer L. Mundis, shall be deemed to be the moving
party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and
opposing counsel a memorandum setting forth each party's position on custody, a list of witnesses who
are expected to testify at the hearing, and a summary of the anticipated testimony of each witness.
These memoranda shall be filed at least 10 days prior to the hearing date.
2. Pending further Order of Court or agreement of the parties, the prior Order of this Court
dated April 21, 2003 shall continue in effect. Unless otherwise agreed between the parties, Dylan shall
continue to be enrolled in the Cumberland Valley School District.
3. The parties agree that the Children shall sleep overnight at each parent's residence during
that parent's periods of custody on school nights and, the Children's bedtime shall be no later than 8:30
p.m. on school nights.
4. Neither party shall use illegal drugs or consume alcohol during his or her periods of custody
with the Children. The parties shall ensure that third parties in their respective households comply
with this provision.
BY THE
(,
cc: L'Diane G. Radcliff, Esquire - Counsel for Father
,)6'ry Etter Dissinger, Esquire - Counsel for Mother
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RYAN J. RICH
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
JENNIFER L. MUNDIS, A/K/A
JENNIFER L. TIENTER
Defendant
Prior Judge: J. Wesley Oler, Jr.
99-4145 CIVIL ACTION LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-5, 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
Dylan T. Rich October 14, 1997 Mother/Father
Destiny T. Rich September 6, 2002 Mother/Father
2. A conciliation conference was held on August 23, 2004, with the following individuals in
attendance: The Father, Ryan J. Rich, with his counsel, Diane G. Radcliff, Esquire, and the Mother,
Jennifer L. Mundis, with her counsel, Mary A. Etter Dissinger, Esquire.
3. This Court previously entered an Order in this matter dated April 21, 2003, based upon a
stipulation between the parties. Under the Order, the parties shared having physical custody of the
Children on a biweekly cycle. The Mother filed this petition to modify the arrangement as she has
recently moved to New Bloomfield from the Carlisle area and the parties' oldest Child, Dylan, begins
first grade this year. The parties were unable to reach an agreement as to either the ongoing custody
arrangements or the school district in which Dylan would be enrolled for the 2004-2005 school year.
Therefore, it will be necessary to schedule a hearing.
4. The Mother's position on custody is as follows: The Mother believes that it would be in the
Children's best interest to reside primarily with her, now that she has remarried and moved from
Carlisle to New Bloomfield. The Mother indicated that there would be too much traveling back and
forth under the current schedule between Carlisle and New Bloomfield which would be more difficult
for Dylan as he begins first grade this Fall. The Mother does not feel that a shared custody
arrangement would provide the stability which the Children require particularly during the school year.
The Mother stated that she plans to continue to be a stay-at-home mom and there would be no need for
daycare for either Child. The Mother expressed concern over an incident which occurred between the
Father and his former girlfriend's son which involved a physical altercation. Finally, the Mother stated
that she believes Dylan should be moved from the Cumberland Valley School District where he
attended kindergarten to the West Perry School District, in which the Mother currently resides, because
she has custody (under the existing schedule) on the majority of school nights (three out of five). The
Mother proposed that she have primary physical custody and the Father have partial custody every
weekend from Friday through Sunday.
5. The Father's position on custody is as follows: The Father believes it would be in the
Children's best interest to reside primarily with him. The Father believes that Dylan should continue
in the school district in which he was enrolled for the past year in kindergarten both because a change
in school is not warranted by the Mother's move and he feels that the Cumberland Valley School
District offers superior educational opportunities. The Father does not believe it was appropriate for
the Mother to relocate the Child's residence and enroll him in a different school district without the
Father's consent as the parties had shared legal custody under the existing Court Order. The Father
indicated that he has flexible hours at his employment and is able to take time off during the day to
spend time with the parties' younger Child who is not yet in school. The Father proposed that Dylan
continue to attend school at Cumberland Valley with the Father having primary custody or with the
parties retaining the existing shared physical custody arrangement.
6. Although various options were discussed for temporary arrangements (particularly school
enrollment) pending hearing, the parties were unable to agree. Therefore, the conciliator recommends
an Order in the form as attached scheduling the hearing and continuing the April 21, 2003 Order. The
temporary recommendations are intended only to maintain the existing arrangements both as to
physical custody and school enrollment pending the Court's determination in order to avoid the
possibility of two changes in school enrollment within a short period of time.
7. It is expected that the hearing will require at least one half day. The parties request that
scheduling of the hearing be expedited due to their disagreement over the school enrollment issue.
4y of s, aOU y
Date
Dawn S. Sunday, Esquire
Custody Conciliator
(P?
RYAN J. RICH, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
JENNIFER L. TIENTER,
DEFENDANT 99-4145 CIVIL TERM
ORDER OF COURT
AND NOW, this I q +-r, day of October, 2004, following a hearing on
the merits, IT IS ORDERED:
(1) All prior custody orders are vacated and replaced with this order.
(2) Ryan J. Rich and Jennifer L. Tienter shall have joint legal custody of Dylan T.
Rich, born October 14, 1997, and Destiny T. Rich, born September 6, 2002.
(3) During the school year, the parents shall have shared custody of Dylan and
Destiny on the following two week schedule:
(a) Week One:
(i) The father shall have Sunday from 7:00 p.m., Monday,
Tuesday and Wednesday until 5:30 p.m.
(ii) The mother shall have Wednesday from 5:30 p.m.,
Thursday and Friday until 5:30 p.m.
(iii) The father shall have Friday from 5:30 p.m., Saturday and
Sunday until 7:00 p.m.
(b) Week Two:
(i) The mother shall have Sunday from 7:00 p.m., Monday,
Tuesday and Wednesday until 5:30 p.m.
(ii) The father shall have Wednesday from 5:30 p.m., Thursday
and Friday until 5:30 p.m.
(iii) The mother shall have Friday from 5:30 p.m., Saturday and
Sunday until 7:00 p.m.
(4) During the summer school vacation period, the parents shall have shared
custody of Dylan and Destiny on alternate weeks with exchanges each Sunday at 7:00
p.m.
(5) On Thanksgiving Day, the mother shall always have the children in even
numbered years and the father shall have them in odd numbered years.
(6) At Christmas, in even numbered years the father shall have the children from
noon on December 24th until noon on December 25th, and the mother shall have them
from noon on December 25th until noon on December 26th. In odd numbered years the
mother shall have the children from noon on December 24th until noon on December
25th, and the father shall have them from noon on December 25th until noon on
December 26th.
(7) The children shall always be with their mother on Mother's Day and the
father on Father's Day.
(8) The parent receiving the children shall provide transportation for the
exchange.
Iiy?Me Cou ,
i
Edgar B. Bayley, J. /
.,
,?.,. , .?
Diane G. Radcliff, Esquire
For Ryan J. Rich
Mary Etter Dissinger, Esquire
For Jennifer L. Tienter
:sal
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RYAN J. RICH, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
JENNIFER L. TIENTER,
DEFENDANT 99-4145 CIVIL TERM
AMENDED ORDER OF COURT
AND NOW, this 2151 day of October, 2004, the custody order of October 19,
2004, is amended to add the following paragraph:
(9) Dylan shall go to school in the school district of his fathers 6urrent residence.
By
Edgar B. Bayley, J.
ane G. Radcliff, Esquire
For Ryan J. Rich
,i1`ilary Etter Dissinger, Esquire
For Jennifer L. Tienter
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SO: Century 21 AT THE HELM
CLD:9/30/2003 MT 12
Fine: Conventional
Sp$ $100,000
15 N MIDDLESEX RD.
Area 7
10093151
Mun Middlesex Subdivision Sch Dist Cumberlnd County Cumberlan(
Dir FROM CARLISLE 11N. (HBG PIKE) TO (L) MIDDLESEX TOM HOUSE ON RIGHT
Tot Sq Ft Above 1740 Square Ft Source Public Records Square Feet Below 870
Lot Dim Acres Year Built +/- 1880
Design Traditional Style 2.5 Story Const Frame Ext Aluminum
# Br3 # Bth: F1 H 1 w rr rox our .ea. ??rv • ----•---
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FR BR2 Level 2 Heat Forced Air, Oil
DEN BR3 Aux Heat
IOIT Level l BR4 Wt Swr Public Sewer, Public Water
OR 1 Ext Feature Balcony, Porch
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000. IS THIS SPACIOUS 2 STORY W/LG KITCHEN, DINING RM., LG LIVING RM.
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PLAINTIFF'S
EXHIBIT
a 1
MIDDLESEX TOWNSHIP POLICE DEPARTMENT Incident investigation Report
0111: PA0211300 20040501 M3395 (011
Incident Data
:iaas 1ucx) cote: 0000 ASSAULTS - OTHER ASSAULTS (SIMPLE)
Crimes Code: Title: ?
Date/Time Reported: 05/01/2004 Saturday 19:15
Discovered Date/Time: 05/01/2004 Saturday 18:30
Last Known Secure : 05/01/2004 Saturday 18:30
TIME - Received: 19:15 / Dispatched: 19:15 / Arrived:
Badge: 14 - PTL KEITH SEIBERT
Location: 14 N MIDDLESEX RD - CARLISLE
Landmark:
Patrol Zone: 2 - SR011 - N MIDDLESEX
Premise Type:
BIAS: 88 NONE (NO BIAS)
Complete
19:28 / Cleared: 19:50
Grid: 2 - ALL OTHER ZONE 2
MO:
Weapon/Tools: Additional weapon:
Persons Involved
Number of Victims: 1 Number of Offenders: 1 Persons Involved: 4
VICTIM LORENZ, JONATHEN (NP026028)
Incident Classif.: 0800 ASSAULTS - OTHER ASSAULTS (SIMPLE)
Type: INDIVIDUAL/PERSON (NOT L.E.OFFICER) Injury: APPARENT MINOR INJURIES
Age/DOB: 14 10/10/1989 Race: W Sex: M Ethnic: N Marital: U Resdnc: U
SS#:
Height: 0 Weight: 0 Eye: Hair: Build: Compl.:
GBM ID number: Date Entered: Date Released:
Comment:
Relationship to offender: OTHERWISE KNOWN
Home: 135 SIMMONS ROAD
MECHANICSBURG PA 17050
Work Phone: EXT:
Father:
Mother: WENDY LORENZ
Employer:
DOCUMENTS ON FILE:
Home Phone: 717-790-9576
Cell Phone: 717-802-9576
Pager:
EXHIAIT
lo?i?{IW I ?5
OFFENDER RICH, RYAN JAMES (N2000211)
Incident Classif.: 0800 ASSAULTS - OTHER ASSAULTS (SIMPLE)
How Charged: ARRESTED Disposition:
Arrest Date: 05/01/2004
Type: INDIVIDUAL/PERSON (NOT L.E.OFFICER) Injury:
Age/DOB: 24 02/08/1980 Race: W Sex: M Ethnic: N Marital: S Resdnc: R
RELATIONSHIP TO SCHOOL: FACULTY
SS#: 197-68-7017
Height: 600 Weight: 140 Eye: GRN Hair: BRN Build: THI Compl.: FAIR
Officer: PTL KEITH SEIBERT Badge: 14 Page: 1
Case StatUS: CLOSED/CLEARED Case DispositionCLEARED BY ARREST
Date Printed: 14 October 200412:14 By: Keith Seibert
M(DpLESEX TOWNSHIP POLICE DEPARTMENT
ORI: PA0211300
Persons Involved
OFFENDER RICH, RYAN JAMES (N2000211)
GBM ID number: Date Entered:
Comment :
OLN/STATE: 25 121 721 /PA
Drug/Alcohol Use: A Computer Use:
Incident Investigation Report
20040501 M3395 (0
Date Released: / /
Home: 15 N MIDDLESEX RD Home Phone: 717- -
CARLISLE PA 17013-
Work Phone: EXT: Cell Phone:
Employer: Pager:
DOCUMENTS ON FILE:
- Criminal Complaint - Affid. Of Probable Cause
^?•"??? LORENZ, LINDSAY (NP026029)
Incident Classif.: 0800 ASSAULTS - OTHER ASSAULTS (SIMPLE)
Type: INDIVIDUAL/PERSON (NOT L.E.OFFICER) Injury:
Age/DOB: 15 11/11/1988 Race: W Sex: F Ethnic: N Marital: U Resdnc: U
SS#:
Height: 0 Weight: 0 Eye: Hair: Build: Compl.:
GBM ID number: Date Entered: Date Released:
Comment:
Home: 135 SIMMONS ROAD
CARLISLE PA 17013
Work Phone: EXT:
Father:
Mother: WENDY LORENZ
Employer:
DOCUMENTS ON FILE:
Home Phone: 717-790-9576
Cell Phone:
Pager:
WITNESS LORENZ, WENDY (NP026030)
Incident Classif.: 0800 ASSAULTS - OTHER ASSAULTS (SIMPLE)
Type: INDIVIDUAL/PERSON (NOT L.E.OFFICER) Injury:
Age/DOB: 41 01/06/1963 Race: W Sex: F Ethnic: N Marital: U Resdnc: U
SS#:
Height: 0 Weight: 0 Eye: Hair: Build: Compl.:
GBM ID number: Date Entered: Date Released:
Comment:
Home: 135 SIMMONS ROAD
MECHANICSBURG PA 17050
Work Phone: EXT:
Employer:
Home Phone: 717-790-9576
Cell Phone: 717-802-9576 Pager:
Officer: PTL KEITH SEIBERT Badge: 14 Page: 2
Case StatUS: CLOSED/CLEARED Case DIsposition:CLEARED BY ARREST
Date Primed: 14 October 200412:14 By: Kefth Seibert
MIDDLESEX TOWNSHIP POLICE DEPARTMENT Incident investigation
ORI: PA0211300 20040501 M3395 (0
Persons Involved
WITNESS LORENZ, WENDY (NP026030)
DOCUMENTS ON FILE:
Summary
05/01/2004 19:15 Page 1 Ofc. 14 -PTL KEITH SEIBERT
ON MAY 1, 2004, THIS OFFICER WAS INSTRUCTED BY CUMBERLAND COUNTY
CONTROL TO CONTACT THE CARLISLE EMERGENCY ROOM. COUNTY CONTROL ADVISED AN
ASSAULT HAD OCCURRED AT 15 NORTH MIDDLESEX ROAD AND THE VICTIM IS CURRENTLY
IN THE CARLISLE EMERGENCY ROOM.
I CONTACTED THE EMERGENCY ROOM BY TELEPHONE. I WAS INFORMED BY
EMERGENCY ROOM STAFF (DIANE) THAT A FOURTEEN YEAR OLD BOY HAD BEEN
ASSAULTED AND WAS BEING EXAMINED FOR A CONTUSION TO THE JAW. THEY REQUESTED
I RESPOND TO THE EMERGENCY ROOM AND TAKE A STATEMENT FROM THE VICTIM.
UPON ARRIVAL I MET JONATHAN LORENZ. I OBSERVED A LARGE BRUISE AND
SWELLING ON LORENZ'S RIGHT CHEEK. HIS MOTHER, WENDY LORENZ, WAS ALSO
PRESENT. I ASKED JONATHAN WHAT HAPPEN. JONATHAN STATED HE HAD BEEN PUNCHED
BY HIS MOTHER'S BOYFRIEND, RYAN RICH. I ASKED WENDY IF THIS WAS TRUE. WENDY
STATED, YES.
WENDY ALSO STATED THAT SHE AND RICH HAVE BEEN HAVING PROBLEMS WITH THE
KIDS. THEY ARE RUDE TOWARDS RICH BECAUSE THEY DO NOT LIKE THE RELATIONSHIP
BETWEEN HIM AND HER. WENDY STATED RICH WAS INTOXICATED AND USING PROFANITY
TOWARD HER AND HER FIFTEEN YEAR OLD DAUGHTER, LINDSAY LORENZ. JONATHAN
WALKED OVER TO RICH AND TOLD HIM TO STOP SPEAKING THAT WAY TO LINDSAY. RICH
TURNED AND STRUCK JONATHAN WITH A CLOSED FIST IN THE FACE.
WENDY FLED RICH'S RESIDENCE AND TRANSPORTED JONATHAN TO THE HOSPITAL.
I ASKED WENDY AND HER CHILDREN TO STOP AT THE POLICE STATION WHEN THE
DOCTOR WAS FINISHED LOOKING AT JONATHAN. WENDY AGREED AND STATED SHE WOULD
CALL WHEN SHE WAS ON HER WAY.
Uummary
uyyamiwntat ourmnaTy
SUPPLEMENTAL 05/01/2004 22:00 14 PTL KEITH SEIBERT
I STOPPED AT 15 NORTH MIDDLESEX ROAD AND ATTEMPTED TO MAKE CONTACT WITH
RYAN RICH. HE WAS NOT AT THE RESIDENCE. I DEPARTED.
Officer: PTL KEITH SEIBERT Badge: 14 Page: 3
Case Status: CLOSED/CLEARED Case Disposition-CLEARED BY ARREST
Date Printed: 14 October 200412:14 By: Keith Seibert
MID9LESEX TOWNSHIP POLICE DEPARTMENT Incident Investigation Report
ORI: PA0211300 20040501 M3395 /011
Summary
SUPPLEMENTAL 05/01/2004 22:01 14 PTL KEITH SEIBERT
ON THE ABOVE DATE WENDY, JONATHAN AND LINDSAY CAME TO THE STATION AND
PROVIDED A WRITTEN STATEMENT AS TO THE EVENTS THAT TOOK PLACE WHEN JONATHAN
WAS ASSAULTED BY RYAN RICH.
BASED ON THE STATEMENTS GIVEN AND THE INJURIES OBSERVED BY THIS OFFICER
I HAVE FILED CHARGES AGAINST RICH FOR SIMPLE ASSAULT AND HARASSMENT. RICH
WAS NOT LOCATED PRIOR TO THESE CHARGES BEING FILED.
summary
Supplemental Summary
SUPPLEMENTAL 09/28/2004 13:41 14 PTL KEITH SEIBERT
ON SEPTEMBER 28, 2004, THIS OFFICER REFILED CHARGES AGAINST RYAN RICH.
CUMBERLAND COUNTY DISTRICT ATTORNEY'S OFFICE APPROVED THE CHARGES OF SIMPLE
ASSAULT AND HARASSMENT.
DISTRICT JUSTICE SUSAN DAY AGREED TO HEAR THE CASE.
I CONTACTED CUMBERLAND COUNTY CHILDREN AND YOUTH AND ADVISED, BETH
BROWNING OF THE CASE. BROWNING WAS TOLD IT WAS IN MY OPINION WENDY LORENZ,
MOTHER OF THE VICTIM, FAILED TO ACT IN THE BEST INTEREST OF HER SON.
I WILL FAX COPIES OF THIS CASE TO BROWNING.
Officer: PTL KEITH SEIBERT Badge: 14 Page: 4
C88@ StBtUS: CLOSED/CLEARED C@SB DiBpOSItIOn:CLEARED BY ARREST
Date Primed: 14 October 206412:14 By: Ketlh Selbert
MIDDLESEX TOWNSHIP POLICE DEPARTMENT
ORI: PA0211300
mclaent uata
Home Phone: 717-796-7522
Class (UCR) Code: 0617 THEFT-$200 & OVER-FROM BUILDINGS
Crimes Code: Title: ?
Date/Time Reported: 11/21/2003 Friday 00:35
Discovered Date/Time: 11/20/2003 Thursday 23:30
Last Known Secure : 11/20/2003 Thursday 09:00
TIME - Received: 00:35 / Dispatched: 00:35 / Arrived:
Badge: 04 - PTL JIM PATTERSON
Location: 382 PIN OAK DR - CARLISLE
Landmark:
Patrol 'Lone: 2 - SR011 - N MIDDLESEX
Premise Type:
BIAS: 88 NONE (NO BIAS)
MO:
Persons Involved
Number of Victims: 1 Number of Offenders: 0 Persons Involved: 1
VICTIM RICH, RYAN JAMES (N2000211)
Incident Classif.: 0617 THEFT-$200 & OVER-FROM BUILDINGS
Type: INDIVIDUAL/PERSON (NOT L.E.OFFICER) Injury:
Age/DOB: 23 02/08/1980 Race: W Sex: M Ethnic: N Marital: S Resdnc: R
RELATIONSHIP TO SCHOOL: FACULTY
SS#: 197-68-7017
Height: 600 Weight: 140 Eye: GRN Hair: BRN Build: THI Compl.: FAIR
GBM ID number: Date Entered: Date Released:
Comment:
OLN/STATE: 25 121 721 /PA
Relationship to Offender:
Home: 382 PIN OAK LN
CARLISLE PA 17013-
Work Phone:
Employer:
DOCUMENTS ON FILE:
- Property
Property
DEFENDANT'S
EXHIBIT
Additional weapon:
EXT: Cell Phone:
Incident Investigation Report
20031121 M0021 (01)
Complete
00:44 / Cleared: 01:12
Grid: 2 - ALL OTHER ZONE 2
Pager:
StatnS: FURTHER INVESTGATION Case
ited: 140dober 200412:14 By W.Rti ceiti.N
MIDDLESEX TOWNSHIP POLICE DEPARTMENT
ORI: PA0211300
Property
Incident Investigation Report
20031121 M0021 (0
ao UMJu INrilC :SMITH & WESSON REVOLVER (V0004016) Status: STOLEN
Make: SMITH&WESSON Model: 38CAL Ser.#:CFS0303
value: $ 350.00 Qty: 1
Category: FIREARMS
Person: RICH,RYAN JAMES
Summary
11/21/2003 00:35 Page 1 Ofc. 04 -PTL JIM PATTERSON
Dispatched to meet Ryan Rich at 382 Pin Oak lane in ref file 7. Upon
arrival Ryan stated that when he arrived home this evening he found his dog
on screened in porch(the dog is normally inside)after entering the house he
found that the window from the screened in porch into the trailer was open.
While checking around Ryan noticed that the crank out windows on the back
door were open and a slide lock at the bottom of the door was open. Ryan
closed the window and relocked the door and then left to work on his house
that he just bought(at 15 North Middlesex Rd).There were no pry marks found
on the door or window.
Ryan arrived home at approximately 23:00hrs and as he was going to bed he
opened his night stand drawer to load his gun and found that it was
missing. Ryan stated that he always loads the gun at night and unloads the
gun in the morning leaving the 5 bullets with the gun. The five bullets
were still in the drawer. Ryan checked every where in the house and did not
locate the gun and then called the police.
The gun is a 38 caliber Smith & Wesson five shot revolver, chrome plated
with black grips and a one and seven eighth inch barrel. The gun is valued
at three hundred and fifty dollars.
Ryan is in the process of moving and has most of his things packed up and
could not find anything else missing. The drawer that the gun was in was
pushed shut and no other drawers or doors were open.
While talking to Ryan he stated that the past three days when he came home
his (large)dog was in the bathroom with the door shut and was unable to get
out. He did not think anything of it then but know stated that he is unsure
if maybe person(s) may have been in the trailer before. Ryan also stated
that he and his girlfriend (Jennifer Mundis) just got back together on
Tuesday and that the guy she was seeing(Justin A Tienter) left her several
messages on her phone today. Jennifer left me listen to the messages(4)and
Justin seemed very upset that she went back to Ryan. On one message Justin
said that "it is over for me and Ryan". Jennifer stated that on a earlier
message(that she had deleted) that Justin said the next time you see Ryan
it will be in the emergency room. None of the messages stated what Justin
was going to do or how he would do it. I told Jennifer that if she receives
any more threatening calls from Justin to report them.
The gun was entered into NCIC.
Of lcer: PTL JIM PATTERSON Badge: 04 Page: 2
Case Status: FURTHER INVESTGATION Case Disposition:
Date Printed: 14 October 200412:14 By: Keith Seibert
MIDDLESEX TOWNSHIP POLICE DEPARTMENT
ORI: PA0211300
Incident Data
Class (UCR) Code: 2500 LOITERING/ PROWLING (AT NIGHT)
Crimes Code: Title: ?
Date/Time Reported: 09/28/2003 Sunday 04:40
Discovered Date/Time: 09/28/2003 Sunday 04:15
Last Known Secure
TIME -
Complete
Received: 04:40 / Dispatched: 04:40 / Arrived: 04:40 / Cleared: 05:00
Badge: 05 - CPL KENNY JOHNSON
Location: 382 PIN OAK DR - CARLISLE
Landmark: COUNTRY MANOR MOBILE HOME
Patrol Zone: 3 - SRO011 - S MIDDLESEX
Premise Type:
BIAS: 88 NONE (NO BIAS)
MO:
/Tools: Additional weapon:
Persons Involved
Number of Victims: 1 Number of Offenders: 0
Incident Investigation Report
20030928M8445 (a
Grid: 2 - ALL OTHER ZONE 2
Persons Involved: 1
VICTIM RICH, RYAN JAMES (N2000211)
Incident Classif.: 2500 LOITERING/PROWLING (AT NIGHT)
Type: INDIVIDUAL/PERSON (NOT L.E.OFFICER) Injury:
Age/DOB: 23 02/08/1980 Race: W Sex: M Ethnic: N Marital: S Resdnc: R
RELATIONSHIP TO SCHOOL: FACULTY
SS#: 197-68-7017
Height: 600 Weight: 140 Eye: GRN Hair: BRN Build: THI Compl.: FAIR
GBM ID number: Date Entered: Date Released:
Comment:
OLN/STATE: 25 121 721 /PA
Relationship to Offender:
Home: 382 PIN OAK LN
CARLISLE PA 17013-
Work Phone: EXT:
Employer:
DOCUMENTS ON FILE:
Summary
Home Phone: 717-796-1561
Cell Phone:
Pager:
DEFENDANT'S -
EXHIBIT
Officer: CPL KENNY JOHNSON Badge: 05 Page: 1
Case Status: CLOSED/CLEARED Case Disposition-CLOSED - NO FURTHER ACTION
Date Printed: 14 October 2004 12:14 By: Keith Seibert
JLL'OLA I UYVNSHIP POLICE DEPARTMENT
PA0211300
Incident Investigation Report
2amna9ARARAAr /A
oummary
09/28/2003 04:40 Page 1 Ofc. 05 -CPL KENNY JOHNSON
Received a call from county to check the area of 382 Pin Oak Lane for
someone knocking on windows. Upon arrival, talked with the victim who said
that he was awakened up by someone pounding on the side of the trailer. He
then heard someone pound on the rear window and as he was walking down the
hall he heard someone running on the roof. He ran outside but they were
already gone. He checked the area and did not see anyone around.
A check of the area also did not locate anyone.
Officer: CPL KENNY JOHNSON Badge: 05 Page: 2
Case Status: CLOSED/CLEARED Case DISpOSitiOnCLOSED - NO FURTHER ACTION
Date Printed: f 4 October 200412:74 By: Keith Seibert
MIDDLESEX TOWNSHIP POLICE DEPARTMENT Incident Investigation Report
ORI: PA0211300 20030414M2971 (01)
Incident Data
Class (UCR) Code: CITT
Crimes Code: Title:VC ? 3112 A-3I
Date/Time Reported: 04/11/2003 Friday 23:12
Discovered Date/Time:
Last Known Secure :
TIME - Received: / Dispatched: / Arrived: / Cleared:
Badge: 42 - PTL ANDREW WOLFE
Location: -
Landmark: SR0011
Premise Type:
BIAS:
MO:
Weapon/Tools: Additional weapon:
Persons Involved
Number of Victims: 0 Number of Offenders: 1 Persons Involved: 1
OFFENDER RICH, RYAN JAMES (N2000211)
Incident Classif.: CITT
How Charged: CITED/SUMMONED Disposition:
Arrest Date: 04/11/2003
Type: BUSINESS Injury:
Age/DOB: 23 02/08/1980 Race: Sex: Ethnic: Marital: Resdnc:
RELATIONSHIP TO SCHOOL: FACULTY
SS#:
Height: 0 Weight: 0 Eye: Hair: Build: Compl.:
GBM ID number: Date Entered: Date Released:
Comment:
OLN/STATE: 25 121 721 /PA
Drug/Alcohol Use: Computer Use:
Home: 382 PIN OAK LN Home Phone:
CARLISLE PA 17013-
Work Phone: EXT: Cell Phone: Pager:
Employer:
DOCUMENTS ON FILE:
Citation(s)
Number TR/NTR Issued Offense St Section
A9179152-3 T 04/11/2003 VC 3112
0 e
1011,410q P25
Officer: PTL ANDREW WOLFE Badge: 42 Page: 1
Case Status: Case Disposition:
Date Printed: 14 October 200412:13 By: Keith Seibert
MIDDLESEX TOWNSHIP POLICE DEPARTMENT
ORI: PA0211300
Incident Data
Incident Investigation Report
20030716M6242 K
Class (UCR) Code: 3810 SERVICE CALL-ALARMS-UNFOUNDED-EXCPT FIRE C
Crimes Code: Title: ? ompleta
Date/Time Reported: 07/16/2003 Wednesday 19:32
Discovered Date/Time:
Last Known Secure :
TIME - Received: 19:32 / Dispatched:
Badge: 91 - PTL TOM CLOUSER
Location: 18 TIFFANY DR - CARLISLE
Landmark:
Patrol Zone: 3 - SR0011 - S MIDDLESEX
Premise Type:
BIAS: 88 NONE (NO BIAS)
MO:
Additional
Persons Involved
Number of Victims: 0 Number of Offenders' .-O Persons Involved: 1
- - - - - - - - - - - - - -
CONTACT RICH, RYAN JAMES (N2000211)
Incident Classif.: 3810 SERVICE CALL-ALARMS-UNFOUNDED-EXCPT FIRE
Type: INDIVIDUAL/PERSON (NOT L.E.OFFICER) Injury:
Age/DOB: 23 02/08/1980 Race: W Sex: M Ethnic: N Marital: S Resdnc: R
RELATIONSHIP TO SCHOOL: FACULTY
SS#: 197-68-7017
Height: 600 Weight: 190 Eye: GRN Hair: BRN Build: THI Compl.: FAIR
GBM ID number: Date Entered: Date Released:
Comment:
OLN/STATE: 25 121 721 /PA
Home: 382 PIN OAK LN
CARLISLE PA 17013-
Work Phone: EXT:
Employer:
DOCUMENTS ON FILE:
Summary
19:32 / Arrived: 19:35 / Cleared: 19:55
Home Phone: 717-796-1561
Cell Phone:
Pager:
07/16/2003 19:32 Page 1 Ofc. 91 -PTL TOM CLOUSER
On the above date and time county gave me a B/A at 18 Tiffany Dr. Upon
arrival I met a Mr Ryan Rich. He was in the garage cleaning a vehicle. Mr
Rich stated that he tried to shut of the alarm but it didn't work . Mr Rich
said the alarm company didn't call either. Mr Rich called his parents in
Atlantic city and there verified the Ryan would be at the house for a few
days off and on.
Officer: PTL TOM CLOUSER Badge: 41 Page: 1
Case statue: CLOSED/CLEARED Case Disposition.CLOSED - NO FURTHER ACTION
Dale Primed: 14 October 200412:13 By: KeNb Seibert
MIDDLESEX TOWNSHIP POLICE DEPARTMENT Incident investigation Report
ORt: PA0211300 20040503M3452 (01)
Incident Data
Class (UCR) Code: 4028 NON-CRIMINAL-OTHER INVESTIGATIONS Complete
Crimes Code: Title: ?
Date/Time Reported: 05/03/2004 Monday 13:00
Discovered Date/Time: 05/03/2004 Monday 13:00
Last Known secure : 05/03/2004 Monday 13:00
TIME - Received: 13:00 / Dispatched: 13:00 / Arrived: 13:00 / Cleared: 13:07
Badge: 42 - PTL ANDREW WOLFE
Location: -
Landmark:
Premise Type:
BIAS: 88 NONE (NO BIAS)
MO:
Weapon/Tools: Additional weapon:
Persons Involved
Number of Victims: 0 Number of Offenders: 0 Persons Involved: 1
CONTACT RICH, RYAN JAMES (N2000211)
Incident Classif.: 4028 NON-CRIMINAL-OTHER INVESTIGATIONS
Type: INDIVIDUAL/ PERSON (NOT L.E.OFFICER) Injury:
Age/DOB: 24 02/08/1980 Race: W Sex: M Ethnic: N Marital: S Resdnc: R
RELATIONSHIP TO SCHOOL: FACULTY
SS#: 197-68-7017
Height: 600 Weight: 140 Eye: GRN Hair: BRN Build: THI Compl.: FAIR
GBM ID number: Date Entered: Date Released:
Comment:
OLN/STATE: 25 121 721 /PA
Home: 15 N MIDDLESEX RD Home Phone: 717-243-1696
CARLISLE PA 17013-
Work Phone: EXT: Cell Phone: Pager:
Additional Address: TIFFANY DRIVE
CARLISLE PA 17013
Phone (H): 717-243-2377
Type of Location: PARENT
Employer:
DOCUMENTS ON FILE:
DEFENDANT'S
EXHIBIT
i
Officer. PTL ANDREW WOLFE Badge: 42 Page: 1
Case status: CLOSED/ CLEARED Case Disposition CLOSED - NO FURTHER ACTION
Date Printed: 14 October 200412:14 By: Keith Seibert
j MIDDLESEX TOWNSHIP POLICE DEPARTMENT incident Invesion Report
i ORI: PA0211300
::1 2005013-4-52(01)
Summary
0405/03/2004 13:00 Page i Ofc. 42 -PTL ANDREW WOLFE
Ryan Rich called because he wanted to know if we were pressing charges on
him because his girlfriend wasn't going to. I advised him that she does not
have a choice in the matter. He said ok, and wanted to know if we had a
warrant. I advised him I was not sure but I would have Officer Seibert call
him back and talk to him. He said that he did punch Jonathen Lorenz in the
face but it was only a reaction because he was running towards him.
He wanted to know if he should get an attorney or if he will get one. I
told him it was up to him. He wants Officer Seibert to call him at home, I
put both phone numbers for him the report. I cleared.
CLOSED/CLEARED Case
tober 200412:14 sy: KeRh Seibert
- NO FURTHER ACTION
RYAN JAMES RICH,
Plaintiff
V.
JENNIFER LYNN MUNDIS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99- 1,1111S L:1v<( 7f-2,
CIVIL ACTION - CUSTODY
ORDER OF COURT
AND NOW, this 161? day of , 1999, upon consideration
of the within Stipulation, the parties agreement is her- eb made an Order of Court.
BY THE COURT,
l
J.
FILM
99 JUI. I j Ail 11: 4?
PENt\'?lLVN???
RYAN JAMES RICH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. :NO. 99- V114r
JENNIFER LYNN MUNDIS, : CIVIL ACTION - CUSTODY
Defendant
CUSTODY STIPULATION
AND NOW, this - day of , 1999, it is hereby stipulated and
agreed between the parties as follows:
1. Dylan Tyler Rich, born October 14, 1997 is the natural child of Ryan
James Rich and Jennifer Lynn Mundis.
2. Shared legal custody of the child as contemplated by the Act of November
5, 1981, P.L. 322, 23 P.S. §1001, et seq., will be in both of the parties, as the natural
parents.
3. The parents shall have shared physical custody of the child according to
the following schedule:
a. The father shall have physical custody of the child every week from
12 noon Saturday until Tuesday at 5:30p.m.
b. The mother shall have physical custody of the child every week
from 5:30p.m. Tuesday to 12 noon on Saturday.
4. Notwithstanding the above schedule, the parties further agree that each
party shall have the child for one uninterrupted week during the summer vacation
period.
5. The parties shall alternate the following holidays from 9:00a.m. to
9:00p.m.: Memorial Day, 4t' of July and Labor Day.
6. On Easter and Thanksgiving, Mother shall have physical custody of the
child in even numbered years from 9:00a.m. until 2:30p.m. and the father shall have
physical custody of the child in even numbered years from 2:30p.m. until 9:00p.m. In
odd numbered years, the schedule shall reverse.
7. In even numbered years, the father shall have physical custody of the
child from 12 noon December 24 to 12 noon December 25 and mother shall have
physical custody of the child from 12 noon December 25 until 12 noon December 26. In
odd numbered years the Christmas periods shall reverse.
8. Mother shall have physical custody from 10:00a.m. until 9:00p.m. on
Mother's Day and Father shall have physical custody from 10:00a.m. until 9:00p.m. on
Father's Day.
9. The party receiving custody shall provide transportation from the custodial
parent's residence.
10. The exchange of custody shall occur at the custodial parent's residence,
unless other arrangements are made and agreed to by both parties for an alternate
place for the exchange of custody.
11. The custodial parent shall inform the non-custodial parent immediately of
all medical appointments and problems pertaining to the child.
12. Neither parent shall do or say anything, which may estrange the child from
the other parent, injure the opinion of the child as to the other parent or hamper the free
and natural development of the child's love and respect for the other parent.
13. Both parents shall have liberal and reasonable telephone contact with the
child when the child is in the custody of the other parent.
14. The custodial parent shall provide copies of the child's report card and
other reasonable papers affecting the child's education, medical condition, or welfare.
15. In odd numbered years the father shall claim the child for tax purposes
and in even numbered years the mother shall claim the child for tax purposes.
to
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an James Rich
nnifer nrl Aund'rs
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RYAN JAMES RICH,
Plaintiff
V.
JENNIFER LYNN MUNDIS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-4145 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
PRAECIPE TO ENTER APPEARANCE
TO THE PROTHONOTARY:
Please enter the appearance of the Family Law Clinic on behalf of the Plaintiff, Jennifer
Mundis, in the above-captioned complaint.
Dated:
tz'_
Michael Parker
Certified Legal Intern
THOM PLACE
ROBERT E. RAINS
LUCY JOHNSTON-WALSH
Supervising Attorneys
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
Fax: (717) 243-3639
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RYAN JAMES RICH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 994145 CIVIL TERM
CIVIL ACTION - LAW
JENNIFER LYNN MUNDIS,
Defendant : IN CUSTODY
CERTIFICATE OF SERVICE
1, Michael Parker, Family Law Clinic, hereby certify that I am serving a true and correct
copy of the Praecipe to Enter Appearance on Diane G. Radcliff, Esquire 3448 Trindle Road
Camp Hill, PA 17011 , by lTositing a copy of the same in the United States mail, first class,
postage prepaid, this /s day of April, 2003.
Date: 1 03
Michael Parker
Certified Legal Intern
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
RYAN JAMES RICH, No. 99-4145 CIVIL TERM
Plaintiff
V. CIVIL ACTION - LAW
JENNIFER LYNN MUNDIS, IN CUSTODY
Defendant
ORDER OF COURT
AND NOW, this i L a day of lot', 1 2003, upon consideration
of the within Stipulation, IT IS HEREBY ORDERED AND DECREED that the terms of the
within Stipulation are hereby made an Order of Court.
Distribution to:
y..2 3-vs
Diane G. Radcliff, Esquire Ryan J. Rich Jennifer Lynn Mundis
3448 Trindle Road 382 Pin Oak Lane 382 Pin Oak Lane
Camp Hill, PA 17011 Carlisle, PA 17013 Carlisle, PA 17013
Attornev for Plaintiff Plaintiff Defendant
BY THE COURT:
?'-' ?? t
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
RYAN JAMES RICH,
Plaintiff
V.
JENNIFER LYNN MUNDIS,
Defendant
No. 99-4145 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
CUSTODY STIPULATION
AND NOW, thisllnay of 2003, it is hereby stipulated and
agreed between the parties as follows:
1. Dylan Tyler Rich, born October 14, 1997, and Destiny Taylor Rich, born September
6, 2002, (the "Children") are the natural Children of Ryan James Rich ("Father") and
Jennifer Lynn Mundis ("Mother").
2.
3.
The parties shall have shared legal custody of the Children as contemplated by the Act
of November 5, 1981, P.L. 322, 23 P.S. § 1001, et seq.
The parents shall have shared physical custody of the Children according to the
following schedule:
a. In Week 1 Father shall have physical custody of the Children from 12:00 noon
Saturday until Tuesday at 5:30 p.m. In Week 2 Father shall have physical
custody of the Children from 5:30 p.m. on Friday until Tuesday at 5:30 p.m.
b. In Week 1 Mother shall have physical custody of the Children from 5:30 p.m.
Tuesday to 12:00 noon on Saturday. In Week 2 Mother shall have physical
custody of the Children from 5:30 p.m. Tuesday to 5:30 p.m. on Friday.
2
C. The foregoing schedule is set forth on the following Table # 1:
TABLE #1 • WEEKLY CUSTODY SCHEDULE
Week Monday Tuesday Wednesday Thursday Friday Saturday Sunday
1 Father Custody Mother Mother Mother Custody Father
transfers to transfers to
Mother at Father at
5:30 pm 12:00 pm
2 Father Custody Mother Mother Custody Father Father
transfers to transfers
Mother at to Father
5:30 pm at 5:30 pm
4. Notwithstanding the above schedule, each party shall have the Children for one
uninterrupted week during the summervacation period, upon thirty (30) days advance
notice to the other party.
5. The following shall apply to holidays and other special days:
a. The parties shall alternate the following holidays from 9:00 a.m. to 9:00 p.m.:
Memorial Day, 4n' of July, and Labor Day.
b. On Easter and Thanksgiving, Mother shall have physical custody of the
Children in even numbered years from 9:00 a.m. until 2:30 p.m, and the Father
shall have physical custody of the Children in even numbered years from 2:30
p.m. until 9:00 p.m. In odd numbered years, the schedule shall reverse.
C. In even numbered years, the Fathershall have physical custody ofthe Children
from 12:00 noon December 24 to 12:00 noon December 25 and Mother shall
have physical custody of the Children from 12:00 noon December 25 until
12:00 noon December 26. In odd numbered years the Christmas period shall
reverse.
3
d. Mother shall have physical custody from 10:00 a.m. until 9:00 p.m. on
Mother's Day and Father shall have physical custody ti•om 10:00 a.m. until
9:00 p.m. on Father's Day.
C. The foregoing; schedule is set forth in the following Table #2:
TABLE #2 • HOLIDAY SCHEDULE
HOLIDAYS TIMES EVEN
YEARS ODD
YEARS
Easter Day Segment #1 9:00 a.m. until 2:30 p.m. Mother Father
Easter Day Segment #2 2:30 p.m. until 9:00 p.m. Father Mother
Memorial Day Weekend 9:00 a.m. until 9:00 p.m. Mother Father
July 4th 9:00 a.m. until 9:00 p.m. Father Mother
Labor Day Weekend 9:00 a.m. until 9:00 p.m. Mother Father
Thanksgiving Day Segment #1 9:00 a.m. until 2:30 p.m. Mother Father
Thanksgiving Day Segment #2 2:30 p.m. until 9:00 p.m. Father Mother
Christmas Segment #1 12:00 p.m. on 12/24 to 12:00 p.m. 12/25 Father Mother
Christmas Segment #2 12:00 p.m. on 12/25 to 12:00 p.m. 12/26 Mother Father
Mothers Day 10:00 a.m. until 9:00 p.m. Mother Mother
Fathers Day 1U:00 a.m. until 9:00 p.m. Father Father
6. The party receiving custody shall provide transportation from the custodial parent's
residence.
7. The exchange of custody shall occur at the custodial parent's residence, unless other
arrangements are made and agreed to by both parties for an alternate place for the
exchange of custody.
8. The custodial parent shall inform the non-custodial parent immediately of all medical
appoinpnents and problems pertaining to the Children.
4
9. Neither parent shall do or say anything, which may estrange the Children from the
other parent, injure the opinion of the Children as to the other parent or hamper the
free and natural development of the Children's love and respect for the other parent.
10. Both parents shall have liberal and reasonable telephone contact with the Children
when the Children is in the custody of the other parent.
11. The custodial parent shall provide copies of the Children's report card and other
reasonable papers affecting the Children's education, medical condition, or welfare.
12. In odd numbered years, the Father shall claim the Children for tax purposes and in
even numbered years, the Mother shall claim the Children for tax purposes.
13. The parties shall equally share and contribute to the child care expenses incurred for
the Children. If any childcare network or other subsidy for such expenses is obtained,
that child care subsidy shall be share equally between the parties.
14. The parties shall equally share and contribute to the costs of health insurance for the
Children, including any supplemental dental and vision and prescription coverage.
The parties shall equally share and contribute to the medial expenses incurred for the
Children, including but not limited to the expenses incurred for medical, dental and
optical treatment for the Children.
15. The parties shall equally share and contribute to the expenses and costs incurred for
the recreational and extra-curricular activities of the Chi Idren, provided, however, that
no such expense shall be incurred by a party without the prior consent of the other
party.
16. There shall be no child support paid by either party to the other party, each party
specifically waving the right to receive child support from the other party as long as
the parties sharejoint physical custody of the Children. The terms of this Stipulation
have been specifically negotiated based on the wavier of child support herein
5
provided, and have acted as an inducement to enter into this Stipulation. This waiver
shall apply regardless of the financial circumstances of the parties, and neither party
shall apply for any governmental benefits which would negate the waiver herein
provided. Ifa party obtains child support in violation ofthe terms of this Stipulation,
then the other party shall be entitled to one additional overnight period every two (2)
weeks, upon the condition that the party receiving the additional overnight period
aforesaid does not seek nor obtain child support from the other party.
17. The parties authorize the Court to enter an order incorporating the terms of this
Stipulation.
IN WITNESS WHEREOF, the parties have set their hands and seals, the day and year
below written:
1113 ° SEAL
e' I AN JAMES RICH
?
SJ ?? ? i ' " {SEAL)
Date J NIFE LYNN MUNDIS
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APR 1 7 2003 V
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OCT 0 5 2004
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
RYAN JAMES RICH,
Plaintiff
V.
JENNIFER LYNN MUNDIS
a/k/a JENNIFER L. TIENTER,
Defendant
No. 99-4145 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this day of October, 2004 upon consideration of
Defendant/ Petitioner's Motion for the recusal of the Honorable Edgar B. Bayley, the
presiding judge in the above captioned case and Plaintiff/Respondent's Answer thereto,
and it appearing that the presiding judge is not acquainted with the parties or their
parents, IT IS HEREBY ORDERED that Defendant/ Petitioner's Motion is denied.
BY THE COURT:
J.
Distribution to:
Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011, Attorney for Plaintiff
Mary Etter Dissinger, Esquire, 28 North 32 nd Street, Camp Hill, PA 17011, Attorney for Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
RYAN JAMES RICH,
Plaintiff
V.
JENNIFER LYNN MUNDIS
a/k/a JENNIFER L. TIENTER,
Defendant
No. 99-4145 CIVIL TERM
CIVIL ACTION - LAW
: IN CUSTODY
PLAINTIFF/RESPONDENT'S ANSWER TO
DEFENDANT/PETITIONERS MOTION FOR RECUSAL
Ul
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.y
AND NOW, this - "day of October, 2004, comes the Plaintiff/ Respondent, Ryan
James Rich, by his attorney , Diane G. Radcliff, Esquire, and files this Answer to
Defendant/ Petitioners Motion as follows:
1. Defendant/ Petitioner filed a Motion for Recusal stating that
Plaintiff /Respondent's parents, Sharon Rich and James Rich, have friends
who are judges in Cumberland County, and that if the Honorable Judge
assigned to this case is friends with either Sharon or James Rich, that the
Defendant requests his recusal in favor if another judge.
2. Sharon Rich and/or James Rich are friends with the Honorable Edward
Guido, but said judge has not been assigned to this case. They are not
friends with any other Cumberland County Judge, including the Honorable
Edgar B. Bayley has been assigned to preside over this case, a fact which
was known to the Defendant when she filed the within referenced Motion.
WHEREFORE, Plaintiff/Respondent respectfully request that the Motion for
Recusal filed by the Defendant/Petitioner be dismissed.
Camp Hill, PA 17011
Phone: (717) 737-0100
Supreme Court ID # 32112
Attorney for Plaintiff /Respondent
spectfully submitted,
DCLIFF, ESQUIRE
3448 Trin a Road
VERIFICATION
I verify that the statements made in the foregoing document are true and correct.
I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904, relating to unsworn falsification to authorities.
i
L Ryan . Rich
Date:
2-
CERTIFICATE OF SERVICE
I, DIANE G. RADCLIFF, ESQUIRE, hereby certify that on I O
served a true and correct copy of the Answer to Motion for Recusal upon counsel, by
mailing same by first class mail, postage prepaid, addressed as follows:
Mary A. Etter Dissinger, Esquire
28 North 32nd Street
Camp Hill, PA 17011
u ? D LIFF, ESQUIRE
3 8 Trindle ad
Camp i , A 17011
Phone: (717) 737-0100
Fax: (717) 975-0697
Supreme Court ID # 32112
3-
OCT 2004 ?
RYAN JAMES RICH,
Plaintiff
V.
JENNIFER LYNN MUNDIS
a/k/a JENNIFER L. TIENTER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 99-4145 CIVIL TERM
: CIVIL ACTION - LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this day of October, 2004 upon consideration of
Defendant/ Petitioner's Motion for the recusal of the Honorable Edgar B. Bayley, the
presiding judge in the above captioned case and Plaintiff /Respondent's Answer thereto,
and it appearing that the presiding judge is not acquainted with the parties or their
parents, IT IS HEREBY ORDERED that Defendant/ Petitioner's Motion is denied.
BY THE COURT:
J.
Distribution to:
Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011, Attorney for Plaintiff
Mary Etter Dissinger, Esquire, 28 North 32nd Street, Camp Hill, PA 17011, Attorney for Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
RYAN JAMES RICH,
Plaintiff
V.
JENNIFER LYNN MUNDIS
a/k/a JENNIFER L. TIENTER,
Defendant
: No. 99-4145 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
PLAINTIFF/RESPONDENT'S ANSWER TO
DEFENDANT/PETITIONERS MOTION FOR RECUSAL
AND NOW, this - "may of October, 2004, comes the Plaintiff /Respondent, Ryan
James Rich, by his attorney , Diane G. Radcliff, Esquire, and files this Answer to
Defendant/ Petitioners Motion as follows:
1. Defendant/ Petitioner filed a Motion for Recusal stating that
Plaintiff /Respondent's parents, Sharon Rich and James Rich, have friends
who are judges in Cumberland County, and that if the Honorable Judge
assigned to this case is friends with either Sharon or James Rich, that the
Defendant requests his recusal in favor if another judge.
2. Sharon Rich and/or James Rich are friends with the Honorable Edward
Guido, but said judge has not been assigned to this case. They are not
friends with any other Cumberland County Judge, including the Honorable
Edgar B. Bayley has been assigned to preside over this case, a fact which
was known to the Defendant when she filed the within referenced Motion.
WHEREFORE, Plaintiff/ Respondent respectfully request that the Motion for
Recusal filed by the Defendant/ Petitioner be dismissed.
submitted,
DCLIFF, ESQUIRE \ I
3448 Trin a Road l
Camp Hill, PA 17011
Phone: (717) 737.0100
Supreme Court ID t/ 32112
Attorney for Plaintiff /Respondent
VERIFICATION
I verify that the statements made in the foregoing document are true and correct.
I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904, relating to unsworn falsification to authorities.
Ryan/. Rich
Date: o
2-
CERTIFICATE OF SERVICE
I, DIANE G. RADCLIFF, ESQUIRE, hereby certify that on I D
I served a true and correct copy of the Answer to Motion for Recusal upon counsel, by
mailing same by first class mail, postage prepaid, addressed as follows:
Mary A. Etter Dissinger, Esquire
28 North 32nd Street
Camp Hill, PA 17011
l
DI D LIFF, ESQU
3 7Tind ad
CaA 17011
Phone: (717) 737-0100
Fax: (717) 975-0697
Supreme Court ID # 32112
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3448 TRINDLE ROAD
CAMP HILL, PA 17011
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DIANE G. RADCLIFF, ESQUIRE
3448 TRINDLE ROAD
CAMP HILL, PA 17011
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Diane G. Radcliff, Esquire
3448 Trindle Road
Camp Hill, PA 17011
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Mary A. Etter Dissinger, Esquire
28 North 32nd Street
Camp Hill, PA 17011
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OCT 0 5 2004
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
RYAN JAMES RICH,
Plaintiff
V.
No. 99-4145 CIVIL TERM
CIVIL ACTION - LAW
JENNIFER LYNN MUNDIS
a/k/a JENNIFER L. TIENTER,
Defendant
IN CUSTODY
ORDER OF COURT
AND NOW, this day of October, 2004 upon consideration of
Defendant/ Petitioner's Motion for the recusal of the Honorable Edgar B. Bayley, the
presiding judge in the above captioned case and Plaintiff /Respondent's Answer thereto,
and it appearing that the presiding judge is not acquainted with the parties or their
parents, IT IS HEREBY ORDERED that Defendant/ Petitioner's Motion is denied.
BY THE COURT:
J.
Distribution to:
Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011, Attorney for Plaintiff
Mary Etter Dissinger, Esquire, 28 North 32nd Street, Camp Hill, PA 17011, Attorney for Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
RYAN JAMES RICH, No. 99-4145 CIVIL TERM
Plaintiff
V. CIVIL ACTION - LAW
JENNIFER LYNN MUNDIS IN CUSTODY
a/k/a JENNIFER L. TIENTER,r,
Defendant
r
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PLAINTIFF/RESPONDENT'S ANSWER TO
DEFENDANT/PETITIONERS MOTION FOR RECUSAL - n+ ' n
AND NOW, this "day of October, 2004, comes the Plaintiff/ Respondent, Ryan
James Rich, by his attorney , Diane G. Radcliff, Esquire, and files this Answer to
Defendant/ Petitioners Motion as follows:
1. Defendant/ Petitioner filed a Motion for Recusal stating that
Plaintiff /Respondent's parents, Sharon Rich and James Rich, have friends
who are judges in Cumberland County, and that if the Honorable Judge
assigned to this case is friends with either Sharon or James Rich, that the
Defendant requests his recusal in favor if another judge.
2. Sharon Rich and/or James Rich are friends with the Honorable Edward
Guido, but said judge has not been assigned to this case. They are not
friends with any other Cumberland County Judge, including the Honorable
Edgar B. Bayley has been assigned to preside over this case, a fact which
was known to the Defendant when she filed the within referenced Motion.
WHEREFORE, Plaintiff/Respondent respectfully request that the Motion for
Recusal filed by the Defendant/ Petitioner be dismissed.
lly submitted,
(,ehkiVEY: Rye RoadF, ESQUIRE I
3448?Trin e Road l
Camp Hill, PA 17011
Phone: (717) 737-0100
Supreme Court ID # 32112
Attorney for Plaintiff/ Respondent
VERIFICATION
I verify that the statements made in the foregoing document are true and correct.
I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904, relating to unsworn falsification to authorities.
4Ryar,ich Date: _z4&/
-
-2-
CERTIFICATE OF SERVICE
I, DIANE G. RADCLIFF, ESQUIRE, hereby certify that on I O
I served a true and correct copy of the Answer to Motion for Recusal upon counsel, by
mailing same by first class mail, postage prepaid, addressed as follows:
Mary A. Etter Dissinger, Esquire
28 North 32nd Street
Camp Hill, PA 17011
l
ul D LIFF, ESQUIRE
3 8 Tr:nd e ad
Camp A 1701 1
Phone: (717) 737-0100
Fax: (717) 975.0697
Supreme Court ID # 32112
-3-
OCT 0 6 2004
RYAN J. RICH,
Plaintiff
Vs.
JENNIFER L. MUNDIS,
A.K.A. JENNIFER L. TIENTER,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
OF PENNSYLVANIA
CIVIL ACTION - CUSTODY
NO. 99-4145
ORDER
AND NOW this
day of
2004, it is hereby
By The Court,
J.
RYAN J. RICH,
Plaintiff
Vs.
JENNIFER L. MUNDIS,
A.K.A. JENNIFER L. TIENTER,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
OF PENNSYLVANIA
CIVIL ACTION - CUSTODY
NO. 99-4145
MOTION
Defendant, Jennifer Tienter, has been advised by Plaintiff that
his parents Sharon and James Rich have friends who are judges in
Cumberland County. If this Honorable Judge presiding over this case
is friends with either Sharon or James Rich, Defendant respectfully
requests his recusal in favor of another Judge.
Respectfully Submitted !
DISSINGER AND, DISSINGER
Supreme Court IDU#27739
Karen L. Koenigsberg L
Supreme Court ID #85556
Attorneys for Defendant
28 North 32nd Street
Camp Hill, PA 17011
(717) 975-2840
VERIFICATION
I, Jennifer L. Tienter, verify that the statements made in the
foregoing document are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.s.
54904 relating to unsworn falsification to authorities.
J nnife L. Tienter
RYAN J. RICH,
Plaintiff
VS.
JENNIFER L. MUNDIS,
A.K.A. JENNIFER L. TIENTER,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
OF PENNSYLVANIA
CIVIL ACTION - CUSTODY
NO. 99-4145
CERTIFICATE OF SERVICE
I, Karen L. Koenigsberg, hereby certify that on the date set
forth below I served a true and correct copy of the foregoing
document upon Diane G. Radcliff, Esquire, attorney for Plaintiff,
by First Class, United States mail addressed as follows:
Diane G. Radcliff, Esquire
3448 Trindle Road
Camp Hill, PA 17011
Date: ?Q
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OCT U 6 2004 v
J. RICH,
Plaintiff
Vs.
JENNIFER L. MUNDIS,
A.K.A. JENNIFER L. TIENTER,
Defendant
AND NOW this
Ordered:
day of
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
OF PENNSYLVANIA
CIVIL ACTION - CUSTODY
NO. 99-4145
ORDER
2004, it is hereby
By The Court,
J.
OCI Il 6 2004
'AN J. RICH, IN THE COURT OF COMMON PLEAS
Plaintiff OF CUMBERLAND COUNTY
OF PENNSYLVANIA
Vs.
CIVIL ACTION - CUSTODY
NNIFER L. MUNDIS,
K.A. JENNIFER L. TIENTER,
Defendant NO. 99-4145
ORDER
AND NOW this day of
By The Court,
2004, it is hereby
J.
DISSINGER
DISSINGER
Dissinger and Dissinger
28 North 32nd Street
Camp Hill, PA 17011
Aumrteys at Lain
28 North Thirtv-Second Street • Camp Hill, PA 17011
400 South State Road • Marysville, PA 17053
'USA
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DISSINGER
DISSINGER
UI,un? k,ltlrl r I I, 1-l11cluirC-
344 H Ti iit II • 12nrttI
Camp Ili 11, PA 17011
Allorneys al Law
28 North Thirty-Second Street • Camp I lilt, VA 170 11
400 South State Road • Marysville, PA 1'0, I
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RYAN JAMES RICH,
Plaintiff
V.
JENNIFER LYNN MUNDIS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-
CIVIL ACTION - CUSTODY
CUSTODY STIPULATION
f?
AND NOW, this day of 1999, it is hereby stipulated and
agreed between the parties as follows.
1. Dylan Tyler Rich, born October 14, 1997 is the natural child of Ryan
James Rich and Jennifer Lynn Mundis.
2. Shared legal custody of the child as contemplated by the Act of November
5, 1981, P.L. 322, 23 P.S. §1001, et seq., will be in both of the parties, as the natural
parents.
3. The parents shall have shared physical custody of the child according to
the following schedule:
a. The father shall have physical custody of the child every week from
12 noon Saturday until Tuesday at 5:30p.m.
b. The mother shall have physical custody of the child every week
from 5:30p.m. Tuesday to 12 noon on Saturday.
4. Notwithstanding the above schedule, the parties further agree that each
party shall have the child for one uninterrupted week during the summer vacation
period.
5. The parties shall alternate the 'following holidays from 9:00a.m. to
9:00p.m.: Memorial Day, 4w of July and Labor Day.
6. On Easter and Thanksgiving, Mother shall have physical custody of the
child in even numbered years from 9:00a.m. until 2:30p.m. and the father shall have
physical custody of the child in even numbered years from 2:30p.m. until 9:00p.m. In
odd numbered years, the schedule shall reverse.
7. In even numbered years, the father shall have physical custody of the
child from 12 noon December 24 to 12 noon December 25 and mother shall have
physical custody of the child from 12 noon December 25 until 12 noon December 26. In
odd numbered years the Christmas periods shall reverse.
8. Mother shall have physical custody, from 10:00a.m. until 9:00p.m. on
Mother's Day and Father shall have physical custody from 10:00a.m. until 9:00p.m. on
Father's Day.
9. The party receiving custody shall provide transportation from the custodial
parent's residence.
10. The exchange of custody shall occur at the custodial parent's residence,
unless other arrangements are made and agreed to by both parties for an alternate
place for the exchange of custody.
11. The custodial parent shall inform the non-custodial parent immediately of
all medical appointments and problems pertaining to the child.
12. Neither parent shall do or say anything, which may estrange the child from
the other parent, injure the opinion of the child as to the other parent or hamper the free
and natural development of the child's love and respect for the other parent.
13. Both parents shall have liberal and treasonable telephone contact with the
child when the child is in the custody of the other parent.
14. The custodial parent shall provide copies of the child's report card and
other reasonable papers affecting the child's education, medical condition, or welfare.
15. In odd numbered years the father shall claim the child for tax purposes
and in even numbered years the mother shall claim the child for tax purposes.
to
n James Rich 7- Lq_ kateennifer und'
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RYAN JAMES RICH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-
V.
JENNIFER LYNN MUNDIS, : CIVIL ACTION - CUSTODY
Defendant
ORDER OF COURT
AND NOW, this (6 day of ?? s 1999, upon consideration
of the within Stipulation, the panties agregimenmade an Order of Court.
BY THE COURT,
J.
MNVAIASNN3d
A1.Nno,") C?r,?: y Sl ???
Ll:11 WV £Ilorf5
RYAN JAMES RICH,
Plaintiff
V.
JENNIFER LYNN MUNDIS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-4145 CIVIL TERM
CIVIL ACTION - LAW
: IN CUSTODY
PRAECIPE TO ENTER APPEARANCE
TO THE PROTHONOTARY:
Please enter the appearance of the Family Law Clinic on behalf of the Plaintiff, Jennifer
Mundis, in the above-captioned complaint.
Dated: JI1013
Michael Parker
Certified Legal Intern
I„J
41-
THOM PLACE
ROBERT E. RAINS
LUCY JOHNSTON-WALSH
Supervising Attorneys
FAMILY LAW CLINIC
45 North PittStreet
Carlisle, PA 17013
(717) 243-2968
Fax: (717) 243-3639
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RYAN J. RICH
INTHE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
• 99-4145 CI VIL ACTION LAW
JENNIFER L. MUNDIS, A/K/A JENNIFER L.
TIENTER IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Friday July 30 2004
upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before _Dawn S. Sunday, Esq. ,
at 39 West Main Street, M the conciliator
echanicsbur , PA 17055 on Wednesday, August 18, 2004 at 8:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute;
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/ d awg S Svi?SO. mhc
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 AT'T'ORNEY 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
7 /V-y*w
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AUG 3 0 2004
RYAN J. RICH
vs.
Plaintiff
JENNIFER L. MUNDIS, AWA
JENNIFER L. TIENTER
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
99-4145
IN CUSTODY
CIVIL ACTION LAW
L ORDER OF COURT
AND NOW, this S j day of
consideration of the attached Custody Conciliation ReportSt i ordered and directed as fo11ow04, upon
1. A hearing is scheduled in Courtroom No.
Courthouse on the III'* day of_ - ofythG Ct?pi e?ligAounty
S ImOnY will be
taken. For purposes of the hearing, the mother, Jennifer L. Mundis,, shall be deemmeeidtto
tbe the moving
Party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and
opposing counsel a memorandum setting forth each party's position on custody' a list of witnesses who
are expected to testify at the hearing, and a summary of the anticipated testimony of each witness.
These memoranda shall be filed at least 10 days prior to the hearing date.
2. Pending further Order of Court or agreement of the parties, the prior Order of this court
dated April 21, 2003 shall continue in effect. Unless otherwise agreed between the parties, Dylan shall
continue to be enrolled in the Cumberland Valley School District.
3. The parties agree that the Children shall sleep overnight at each parent's residence during
that parent's periods of custody on school nights and, the Children's bedtime shall be no later than 8:30
p.m. on school nights.
4. Neither party shall use illegal drugs or consume alcohol during his or her periods of custody
with the Children. The parties shall ensure that
with this provision. third parties in their respective households comply
.
cc: Diane G. Radcliff, Esquire - Counsel for Father
,Xy Etter Dissinger, Esquire - Counsel for Mother
V
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RYAN J. RICH IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs.
JENNIFER L. MUNDIS, A/K/A
JENNIFER L. TIENTER
Defendant
Prior Judge: J. Wesley Oler, Jr.
99-4145
IN CUSTODY
CIVIL ACTION LAW
CUSTODY CONCILIATION SUMMAR7(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
Dylan T. Rich October 14, 1997
Destiny T. Rich September 6, 2002 Mother/Father
Mother/Father
2. A conciliation conference was held on August 23, 2004, with the following individuals in
attendance: The Father, Ryan J. Rich, with his counsel, Diane G. Radcliff, Esquire, and the Mother,
Jennifer L. Mundis, with her counsel, Mary A. Etter Dissinger, Esquire.
3. This Court previously entered an Order in this matter dated April 21, 2003, based upon a
stipulation between the parties. Under the order, the parties shared having physical custody of the
Children on a biweekly cycle. The Mother filed this petition to modify the arrangement as she has
recently moved to New Bloomfield from the Carlisle area and the parties' oldest Child, Dylan, begins
first grade this year. The parties were unable to reach an agreement as to either the ongoing custody
arrangements or the school district in which Dylan would be enrolled for the 2004-2005 school year.
Therefore, it will be necessary to schedule a hearing.
4. The Mother's position on custody is as follows: The Mother believes that it would be in the
Children's best interest to reside primarily with her, now that she has remarried and moved from
Carlisle to New Bloomfield. The Mother indicated that there would be too much traveling back and
forth under the current schedule between Carlisle and New Bloomfield which would be more difficult
for Dylan as he begins first grade this Fall. The Mother does not feel that a shared custody
arrangement would provide the stability which the Children require; particularly during the school year.
The Mother stated that she plans to continue to be a stay-at-home mom and there would be no need for
daycare for either Child. The Mother expressed concern over an incident which occurred between the
Father and his former girlfriend's son which involved a physical altercation. Finally, the Mother stated
that she believes Dylan should be moved from the Cumberland Valley School District where he
attended kindergarten to the West Perry School District, in which the Mother currently resides, because
she has custody (under the existing schedule) on the majority of school nights (three out of five). The
Mother proposed that she have primary physical custody and the Father have partial custody every
weekend from Friday through Sunday.
5. The Father's position on custody is as follows: The Father believes it would be in the
Children's best interest to reside primarily with him. The Father believes that Dylan should continue
in the school district in which he was enrolled for the past year in kindergarten both because a change
in school is not warranted by the Mother's move and he feels that the Cumberland Valley School
District offers superior educational opportunities. The Father does not believe it was appropriate for
the Mother to relocate the Child's residence and enroll him in a different school district without the
Father's consent as the parties had shared legal custody under the existing Court Order. The Father
indicated that he has flexible hours at his employment and is able to take time off during the day to
spend time with the parties' younger Child who is not yet in school. The Father proposed that Dylan
continue to attend school at Cumberland Valley with the Father having primary custody or with the
parties retaining the existing shared physical custody arrangement.
6. Although various options were discussed for temporary arrangements (particularly school
enrollment) pending hearing, the parties were unable to agree. Therefore, the conciliator recommends
an Order in the form as attached scheduling the hearing and continuing the April 21, 2003 Order. The
temporary recommendations are intended only to maintain the existing arrangements both as to
physical custody and school enrollment pending the Court's determination in order to avoid the
possibility of two changes in school enrollment within a short period of time.
7. It is expected that the hearing will require at least one half day. The parties request that
scheduling of the hearing be expedited due to their disagreement over the school enrollment issue.
/---o?vV:A" I__IS a0u5/
Date
?
Dawn S. Sunday, Esq A4=
uire
Custody Conciliator
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
RYAN JAMES RICH,
Plaintiff
V.
JENNIFER LYNN MUNDIS
a/k/a JENNIFER L. TIENTER,
Defendant
: No. 99-4145 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
PLAINTIFF/RESPONDENT'S ANSWER TO
DEFENDANT/PETITIONERS MOTION FOR RECUSAL
AND NOW, this."day of October, 2004, comes the Plaintiff /Respondent, Ryan
James Rich, by his attorney , Diane G. Radcliff, Esquire, and files this Answer to
Defendant/ Petitioners Motion as follows:
1. Defendant/ Petitioner filed a Motion for Recusal stating that
Plaintiff/ Respondent's parents, Sharon Rich and James Rich, have friends
who are judges in Cumberland County, and that if the Honorable Judge
assigned to this case is friends with either Sharon or James Rich, that the
Defendant requests his recusal in favor if another judge.
2. Sharon Rich and/or James Rich are friends with the Honorable Edward
Guido, but said judge has not been assigned to this case. They are not
friends with any other Cumberland County Judge, including the Honorable
Edgar B. Bayley has been assigned to preside over this case, a fact which
was known to the Defendant when she filed the within referenced Motion.
WHEREFORE, Plaintiff /Respondent respectfullyrequest that the Motion for
Recusal filed by the Defendant/ Petitioner be dismissed.
` nn,_----Respectfully submitted,
DCLIFF, ESQUIRE
3448 Trin a Road 1.
Camp Hill, PA 17011
Phone: (717) 737-0100
Supreme Court ID # 32112
Attorney for Plaintiff /Respondent
- I -
VERIFICATION
I verify that the statements made in the foregoing document are true and correct.
I understand that false statements herein are made subject to the penalties of 18 Pa. C. S.
Section 4904, relating to unsworn falsification to authorities.
Ryan Rich
Date:
2-
CERTIFICATE OF SERVICE I
I, DIANE G. RADCLIFF, ESQUIRE, hereby certify that on 01,6-101
I served a true and correct copy of the Answer to Motion for Recusal upon counsel, by
mailing same by first class mail, postage prepaid, addressed as follows:
Mary A. Etter Dissinger, Esquire
28 North 32nd Street
Camp Hill, PA 17011
L 6J, DIFF, ESQUIRE
3 ad
C7011
Phone: (717) 737-0100
Fax: (717) 975-0697
Supreme Court ID # 32112
-3-
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1
RYAN J. RICH, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
JENNIFER L. TIENTER,
DEFENDANT 99-4145 CIVIL TERM
ORDER OF COURT
AND NOW, this
the merits, IT IS ORDERED:
(1) All prior custody orders are vacated and replaced with this order.
(2) Ryan J. Rich and Jennifer L. Tienter shall have joint legal custody of Dylan T.
Rich, born October 14, 1997, and Destiny T. Rich, born September 6, 2002.
(3) During the school year, the parents shall have shared custody of Dylan and
Destiny on the following two week schedule:
(a) Week One:
(b) Week Two:
(i) The father shall have Sunday from 7:00 p.m., Monday,
Tuesday and Wednesday until 5:30 p.m.
(ii) The mother shall have Wednesday from 5:30 p.m.,
I q+''- day of October, 2004, following a hearing on
Thursday and Friday until 5:30 p.m.
(iii) The father shall have Friday from 5:30 p.m., Saturday and
Sunday until 7:00 p.m.
(i) The mother shall have Sunday from 7:00 p.m., Monday,
Tuesday and Wednesday until 5:30 p.m.
(ii) The father shall have Wednesday from 5:30 p.m., Thursday
and Friday until 5:30 p.m.
(iii) The mother shall have Friday from 5:30 p.m., Saturday and
Sunday until 7:00 p.m.
(4) During the summer school vacation period, the parents shall have shared
custody of Dylan and Destiny on alternate weeks with exchanges each Sunday at 7:00
p.m.
(5) On Thanksgiving Day, the mother shall always have the children in even
numbered years and the father shall have them in odd numbered years.
(6) At Christmas, in even numbered years the father shall have the children from
noon on December 24th until noon on December 25th, and the mother shall have them
from noon on December 25th until noon on December 26th. In odd numbered years the
mother shall have the children from noon on December 24th until noon on December
25th, and the father shall have them from noon on December 25th until noon on
December 26th.
(7) The children shall always be with their mother on Mother's Day and the
father on Father's Day.
(8) The parent receiving the children shall provide transportation for the
exchange.
'?'j9 od
Edgar B. Bayley, J.
, 1 1 ? 0 !? ?)
Diane G. Radcliff, Esquire
For Ryan J. Rich
Mary Etter Dissinger, Esquire
For Jennifer L. Tienter
sal
RYAN J. RICH, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
JENNIFER L. TIENTER,
DEFENDANT 99-4145 CIVIL TERM
AMENDED ORDER OF COURT
AND NOW, this 215 day of October, 2004, the custody order of October 19,
2004, is amended to add the following paragraph:
(9) Dylan shall go to school in the school district of his
l
By
Edgar B. Bayley, J.
ane G. Radcliff, Esquire
For Ryan J. Rich
, 4ary Etter Dissinger, Esquire
For Jennifer L. Tienter
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RYAN J. RICH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
JENNIFER L. TIENTER, : NO. 99-4145 CIVIL TERM
Defendant/Petitioner IN CUSTODY
PETITION FOR MODIFICATION OF CUSTODY
AND NOW, comes Petitioner, Jennifer L. Tienter, by and through her legal counsel of
record, Bradley L. Griffie, Esquire, and the law firm of Griffie & Associates petitions the Court
as follows:
1. Your Petitioner is the above-named Defendant, Jennifer L. Tienter, an adult
individual currently residing at 200 Roth Road, New Bloomfield, Perry County,
Pennsylvania.
2. Your Respondent is the above-named Defendant, Ryan J. Rich, an adult individual
currently residing at 8 Parker Springs Avenue, Carlisle, Cumberland County,
Pennsylvania.
3. The parties are the natural parents of two Children, namely Dylan T. Rich, born
October 14, 1997 and Destiny T. Rich, born September 6, 2002.
4. The parties are subject to two (2) Orders of Court dated October 19, 2004 and
October 21, 2004 which are attached hereto and incorporated herein by reference as
Exhibit "A" and Exhibit "B" respectively.
5. Since the entry of the aforementioned Orders, the Petitioner has resided with the
children at 304 South Carlisle Street, New Bloomfield, Perry County, Pennsylvania
from the time of the entry of the prior Order until May of 2007, along with her
Husband, Justin A. Tienter and their daughter Cailyn M. Tienter (born March 8,
2005).
6. Petitioner has resided with the children at the current address of 200 Roth Road, New
Bloomfield, Perry County, Pennsylvania from May 2007 to present, along with her
Husband, Justin A. Tienter and their daughter, Cailyn M. Tienter.
7. Since the entry of the prior Order, the Defendant has resided for various periods of
time at the following addresses:
A. 15 North Middlesex Road, Carlisle, Cumberland County, Pennsylvania;
B. 116 Willow View Drive, Carlisle, Cumberland County, Pennsylvania;
C. 3 Farmhouse Lane, Carlisle, Cumberland County, Pennsylvania;
D. 103 North Old Stonehouse Road, Carlisle, Cumberland County, Pennsylvania;
E. 18 Tiffany Drive, Carlisle, Cumberland County, Pennsylvania;
F. 8 Parker Springs Avenue, Carlisle, Cumberland County, Pennsylvania;
8. In addition to the children at issue in these proceedings, Respondent's girlfriends (at
least two or three), have resided for various periods with Respondent or at least have
spent extended periods of overnights with Respondent, Respondent has resided at the
home of his parents, James and Sharon Rich.
9. Since the entry of the prior Orders in this matter, there has been a substantial change
in circumstances such that it is in the children's best interest to be placed into the
primary physical custody of Petitioner.
WHEREFORE, Petitioner requests your Honorable Court to enter an Order providing for
the parties to have shared legal custody and for Petitioner to have primary physical custody of the
children at issue, Dylan T. Rich and Destiny T. Rich.
Respectfully submitted,
L! Griffie, Esquire
for Petitioner/Defendant
& ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
VERIFICATION
I verify that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section
4904, relating to unsworn falsifications to authorities.
evi, ? ?
DATE: G O
J IFE L. TIENTER, Petitioner
RYAN J. RICH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
JENNIFER L. TIENTER, NO. 99-4145 CIVIL TERM
Defendant/Petitioner IN CUSTODY
CERTIFICATE OF SERVICE
I, Bradley L. Griffie, Esquire, hereby certify that I did, the G day of June, 2009, cause
a copy of Defendant's Petition for Modification of Custody to be served upon Plaintiff by serving
him by first-class mail, postage prepaid at the following addresses:
Ryan J. Rich
8 Parker Spring Avenue
Carlisle, PA 17013
DATE: (o 4
76W. Griffie, Esquire
-7 Atto hey for Defendant/Petitioner
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717)243-5551
(800)347-5552
RE-OFHCE
OF THE M1 4M ARY
2009 JUN 25 pm 3: } 7
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PENNSYNAW
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RYAN J. RICH
PLAINTIFF
V.
JENNIFER L. TIENTER
DEFENDANT
AND NOW,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
1999-4145 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
Tuesday, June 30, 2009 upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator,
at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, August 05, 2009 at 2:00 PM
for a Pre-Heating 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/ Dawn S. Sunda Ey, ST FLA
Custody Conciliator F
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
Al M-0-FICE
OF t: - ja- 1
?OTAPY
2009 JUG 30 P.11 2: ti 3
UYI JU V 1 "i
RYAN J. RICH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
JENNIFER L. TIENTER, NO. 99-4145 CIVIL TERM
Defendant/Petitioner IN CUSTODY
PETITION FOR SPECIAL RELIEF PURSUANT TO
PENNSYLVANIA R.C.P. 41915.13
AND NOW comes Petitioner, Jennifer L. Tienter, by and through her counsel, Bradley 1.
Griffie, Esquire, and the law firm of Griffie and Associates and petitions the Court as follows:
1. Your Petitioner is the above named Defendant, an adult individual currently
residing at 200 Roth Road, New Bloomfield, Perry County, Pennsylvania.
2. The Respondent is the above named Plaintiff, Ryan J. Rich, an adult individual
currently residing at 8 Parker Springs Avenue, Carlisle, Cumberland County,
Pennsylvania.
3. The parties are the natural parent of two (2) children, namely Dylan T. Rich, born
October 14, 1997 and Destiny T. Rich, born September 6, 2002.
4. The parties are subject to two (2) Order of Court dated October 19, 2004 and
October 21, 2004, a copy of which are attached hereto and incorporated herein by
reference as Exhibit "A" and Exhibit "B", respectively.
5. Petitioner has filed a Petition for Modification of Custody, based upon a
substantial change in circumstances, in which Petitioner has requested primary
physical custody of the children.
6. Respondent had maintained his residence in the Cumberland Valley School
District since the entry of the Court's Order of October 21, 2004 which provided
that the children would attend school from father's "current residence".
7. Respondent has now moved his residence outside of Cumberland Valley School
District and into the Carlisle School District and, as such, the children will need to
change schools.
8. Since the entry of the prior Order in this matter, Respondent has been engaged in
activities that have resulted in various criminal charges being filed against him.
9. Since the entry of the prior Order, Respondent has been engaged in a course of
conduct which has included his physical confrontations and, it is submitted,
physical abuse of his girlfriends and others.
10. Since the entry of the Court's prior Order, Respondent has lived in no less than
six (6) different residences over less than a five (5) years period.
11. For all purposes, although the children have generally resided in Respondent's
shared custody for the designated periods of custody, there have been substantial
periods of time where the children have resided with Respondent's parents and
not in Respondent's care.
12. Although children have, in general, resided in the Respondent's care during the
period of time when he was to have custody, Petitioner has, for all practical
purposes, been the primary caretaker and primary custodian relative to meeting
the children's day to day needs.
13. Due to Father's move from Cumberland Valley School District the children will
be obligated to change school districts for the 2009-2010 school year.
14. Petitioner believes and therefore avers that following a comprehensive hearing in
this matter, the Court will award her primary physical custody such that it is in the
children's best interest to initiate their schooling for the 2009-2010 school year in
the West Perry School District where Mother resides and where the children will
ultimately be attending school following the hearing.
15. Petitioner has filed a Petition for Modification of Custody, a copy of which is
attached herein and incorporated herein by reference as Exhibit "C", and a
conciliation conference is pending in this matter.
16. Petitioner believes and therefore avers that it is in the children's best interest and
necessary to have a hearing scheduled on the issue of the school district that the
children should attend to begin the 2009-2010 school year so that the matter can
be resolved prior to the beginning of the school year in the event the matter is not
resolved through agreement at the custody conciliation conference.
WHEREFORE, Petitioner requests your Honorable Court to enter an Order scheduling a
hearing at which time the Court should determine that the children should attend the
school in the West Perry School District pending final resolution of the Petitioner's
Petition for Modification of Custody.
Respectfully Submitted,
41y L riffie, Esquire
Attorn?or Petitioner
GRIFFIE AND ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
VERIFICATION
I verify that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section
4904, relating to unsworn falsifications to authorities.
DATE: V 3-? a°f VL
JE IFER . TIENTER, Petitioner
RYAN J. RICH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
JENNIFER L. TIENTER, NO. 99-4145 CIVIL TERM
Defendant/Petitioner IN CUSTODY
CERTIFICATE OF SERVICE
s
?,,I yy
I, Bradley L. Griffie, Esquire, hereby certify that I did, the day of 3arr, 2009,
cause a copy of Defendant's Petition for Special Relief to be served upon Plaintiff by serving
him by first-class mail, postage prepaid at the following addresses:
Ryan J. Rich
8 Parker Spring Avenue
Carlisle, PA 17013
DATE: 77 J I
4G?FFIYE r le, Esquire
r Defendant/Petitioner
ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717)243-5551
(800)347-5552
RYAN J. RICH,
PLAINTIFF
V.
JENNIFER L. TIENTER,
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: 99-4145 CIVIL TERM
ORDER OF COURT
AND NOW, this q +.r- day of October, 2004, following a hearing on
the merits, IT IS ORDERED:
(i) All prior custody orders are vacated and replaced with this order.
(2) Ryan J. Rich and Jennifer L. Tienter shall have joint legal custody of Dylan T.
Rich, born October 14, 1997, and Destiny T. Rich, born September 6, 2002.
(3) During the school year, the parents shall have shared custody of Dylan and
Destiny on the following two week schedule:
(a) Week One:
(i) The father shall have Sunday from 7:00 p.m., Monday,
Tuesday and Wednesday until 5:30 p.m.
(ii) The mother shall have Wednesday from 5:30 p.m.,
Thursday and Friday until 5:30 p.m.
(iii) The father shall have Friday from 5:30 p.m., Saturday and
Sunday until 7:00 p.m.
(b) Week Two:
(i) The mother shall have Sunday from 7:00 p.m., Monday,
Tuesday and Wednesday until 5:30 p.m.
EXHIBIT
(ii) The father shall have Wednesday from 5:30 p.m., Thursday
and Friday until 5:30 p.m.
(iii) The mother shall have Friday from 5:30 p.m., Saturday and
Sunday until 7:00 p.m.
(4) During the summer school vacation period, the parents shall have shared
custody of Dylan and Destiny on alternate weeks with exchanges each Sunday at 7:00
p.m.
(5) On Thanksgiving Day, the mother shall always have the children in even
numbered years and the father shall have them in odd numbered years.
(6) At Christmas, in even numbered years the father shall have the children from
noon on December 24th until noon on December 25th, and the mother shall have them
from noon on December 25tH until noon on December 26th. In odd numbered years the
mother shall have the children from noon on December 24th until noon on December
25th and the father shall have them from noon on December 25th until noon on
December 26tH
(7) The children shall always be with their mother on Mother's Day and the
father on Father's Day.
(8) The parent receiving the children shall provide transportation for the
exchange.
'T'RUE COPY FROM RECORD
In Testimony where f, 1 here unto set my hand
an t o seal i sai u t rli le, ,Pa. LA
T i C.....? y ..
r-1 "
Edgar B. Bayley, J.
Diane G. Radcliff, Esquire
For Ryan J. Rich
Mary Etter Dissinger, Esquire
For Jennifer L. Tienter
:sal
RYAN J. RICH,
PLAINTIFF
V.
JENNIFER L. TIENTER,
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
99-4145 CIVIL TERM
AMENDED ORDER OF COURT
AND NOW, this 21s' day of October, 2004, the custody order of October 19,
2004, is amended to add the following paragraph:
(9) Dylan shall go to school in the school district of his fatherjs'urrent residence.
By the Court
Edgar B. Bayley, J.
Diane G. Radcliff, Esquire
For Ryan J. Rich
Mary Etter Dissinger, Esquire
For Jennifer L. Tienter
:sal
as
EXHIBIT In Test rn'. ; hie unto set my hand
an he s t. r you; - a r li le, Pa.
T o...,
P
RYAN J. RICH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
JENNIFER L. TIENTER, : NO. 99-4145 CIVIL TERM
Defendant/Petitioner : IN CUSTODY
PETITION FOR MODIFICATION OF CUSTODY
AND NOW, comes Petitioner, Jennifer L. Tienter, by and through her legal counsel of
record, Bradley L. Griffie, Esquire, and the law firm of Griffie & Associates petitions the Court
as follows:
1. Your Petitioner is the above-named Defendant, Jennifer L. Tienter, an adult
individual currently residing at 200 Roth Road, New Bloomfield, Perry County,
Pennsylvania.
2. Your Respondent is the above-named Defendant, Ryan J. Rich, an adult individual
currently residing at 8 Parker Springs Avenue, Carlisle, Cumberland County,
Pennsylvania.
3. The parties are the natural parents of two Children, namely Dylan T. Rich, born
October 14, 1997 and Destiny T. Rich, born September 6, 2002.
4. The parties are subject to two (2) Orders of Court dated October 19, 2004 and
October 21, 2004 which are attached hereto and incorporated herein by reference as
Exhibit "A" and Exhibit "B" respectively.
EXHIBIT
a
5. Since the entry of the aforementioned Orders, the Petitioner has resided with the
children at 304 South Carlisle Street, New Bloomfield, Perry County, Pennsylvania
from the time of the entry of the prior Order until May of 2007, along with her
Husband, Justin A. Tienter and their daughter Cailyn M. Tienter (born March 8,
2005).
6. Petitioner has resided with the children at the current address of 200 Roth Road, New
Bloomfield, Perry County, Pennsylvania from May 2007 to present, along with her
Husband, Justin A. Tienter and their daughter, Cailyn M. Tienter.
7. Since the entry of the prior Order, the Defendant has resided for various periods of
time at the following addresses:
A. 15 North Middlesex Road, Carlisle, Cumberland County, Pennsylvania;
B. 116 Willow View Drive, Carlisle, Cumberland County, Pennsylvania;
C. 3 Farmhouse Lane, Carlisle, Cumberland County, Pennsylvania;
D. 103 North Old Stonehouse Road, Carlisle, Cumberland County, Pennsylvania;
E. 18 Tiffany Drive, Carlisle, Cumberland County, Pennsylvania;
F. 8 Parker Springs Avenue, Carlisle, Cumberland County, Pennsylvania;
8. In addition to the children at issue in these proceedings, Respondent's girlfriends (at
least two or three), have resided for various periods with Respondent or at least have
spent extended periods of overnights with Respondent, Respondent has resided at the
home of his parents, James and Sharon Rich.
9. Since the entry of the prior Orders in this matter, there has been a substantial change
in circumstances such that it is in the children's best interest to be placed into the
primary physical custody of Petitioner.
WHEREFORE, Petitioner requests your Honorable Court to enter an Order providing for
the parties to have shared legal custody and for Petitioner to have primary physical custody of the
children at issue, Dylan T. Rich and Destiny T. Rich.
Respectfully submitted,
rr4?FIEE . Griffie, Esquire
y for Petitioner/Defendant
& ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
VERIFICATION
I verify that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section
4904, relating to unworn falsifications to authorities.
VW
(0 11 9 mi,
DATE: I-Jac
WJE TIENTER, Petitioner
RYAN J. RICH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
JENNIFER L. TIENTER, : NO. 99-4145 CIVIL TERM
Defendant/Petitioner : IN CUSTODY
CERTIFICATE OF SERVICE
I, Bradley L. Griffe, Esquire, hereby certify that I did, the •)- G?day of June, 2009, cause
a copy of Defendant's Petition for Modification of Custody to be served upon Plaintiff by serving
him by first-class mail, postage prepaid at the following addresses:
Ryan J. Rich
8 Parker Spring Avenue
Carlisle, PA 17013
DATE: -7
5;E??-7
i . Griffie, Esquire
L-O,"' Atto.Aey for Defendant/Petitioner
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717)243-5551
(800)347-5552
FILE -V ,
O
. THE-
2G 3 it
* 70. oo Po A7W
(uc.* 354o
ea' aa1y'79
JUL 0 2 2009
RYAN J. RICH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
JENNIFER L. TIENTER, NO. 99-4145 CIVIL TERM
Defendant/Petitioner IN CUSTODY
ORDER OF COURT
AND NOW this day of , 2009, upon presentation and
consideration of the within Petition for Special Relief, it is hereby ORDERED AND DIRECTED
that a hearing is scheduled for the day of
2009 at o'clock m. to allow the Court to determine the school district where the
children shall begin attending school for the 2009-2010 school year.
By the Court,
Cc: =cyan J. Rich
Pro Se
J
radley L. Griffie
Attorney for Defendant
9lbicc?
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Q
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s k--?--?
C,4-1 IYLP--
J.
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Z
OF THc-
2C'09 JUL -b P11 2: 2 3
Petition for Emergency Relief (Custody)
Prepared by:
Diane G. Radcliff, Esquire
3448 Trindle Road, Camp Hill, PA 17011
Supreme Court ID # 32112
P: 717-737-0100 • F: 717-975-0697 • E:
Attorney for Plaintiff
dianeradcliff @comcast.net
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
RYAN JAMES RICH,
Plaintiff
V.
JENNIFER LYNN MUNDIS
a/k/a JENNIFER L. TIENTER,
Defendant
No. 99-4145 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
PETITION FOR SPECIAL RELIEF/INJUNCTION
AND NOW, comes the Petitioner, Ryan James Rich, by his attorney, Diane G. Radcliff, Esquire,
and files the above referenced Petition, and represents that:
1. This is a Custody case. This Petition involves a request for emergency relief in the form
of an order requiring the parties' children to attend school in the Cumberland Valley
School District:
2. The following attorneys have entered their appearances in this case:
(a) Diane G. Radcliff, Esquire for Plaintiff;
(b) Bradley L. Griffie, Esquire for Defendant .
3. A copy of this Petition was provided by email to Defendant's Attorney on August 25,
2009.
4. The following judge(s) was/were previously assigned to this case:
(a) The Honorable Edgar B. Bayley who entered all of the custody orders in this case.
5. Your Petitioner is Ryan James Rich , (hereinafter referred to as "Father " ), residing
at 18 Tiffany Drive, Carlisle, Cumberland County, PA 17013, and is the Plaintiff in the
above captioned divorce action.
-2-
6. Your Respondent is Jennifer L. Tienter (hereinafter referred to as "Mother "), residing
at 200 Roth Road, New Bloomfield, Perry County PA , and is the Defendant in the above
captioned divorce action.
7. The parties are the parents of two (2) minor children to wit:
A. Dylan Tyler Rich, born October 14, 1997, age 11
B. Destiny Taylor Rich, born September 6, 2002, age 6
8. On October 19, 2004, the Honorable Edgar B. Bayley entered an Order of Court
regarding parties' custody rights and schedule pertaining to the parties and the
children. A true and correct copy of the 10/19/04 Order is attached hereto, marked
Exhibit "A" and made a part hereof.
9. Pursuant to the 10/19/04 Order of Court the parties share custody of the children on
an equal basis.
10. On October 21, 2004, the Honorable Edgar B. Bayley entered an Amended Order of
Court amending the prior 10/19/04 Order to add a provision that the parties' oldest
child, Dylan, was to go to school in the school district of his father's current residence.
A true and correct copy of the 10/21 /04 Order is attached hereto, marked Exhibit "B"
and made a part hereof.
11. On or about June 26, 2009, Mother filed a Petition for Modification of Custody seeking
primary custody of the children . The conciliation conference has been scheduled on
that Petition for October 8, 2009 at 9:30 am before Dawn Sunday, Esquire.
12. On or about July 1, 2009, Mother filed a Petition for Special Relief seeking to have the
children attend school in the west Perry School District pending the final resolution of
the Petition for Modification of Custody. A true and correct copy of the Petition for
Special Relief is attached hereto, marked Exhibit "C" and made a part hereof.
13. On July 6, 2009, the Honorable Edgar B. Bayley entered an order in which he denied the
Petition for Special Relief and ordered that all issues go to conciliation on the Petition
to modify. A true and correct copy of the 7/6/09 Order is attached hereto, marked
Exhibit "D" and made a part hereof.
14. The parties' child, Dylan, has attend school in the Cumberland Valley School District
since he started kindergarten in 2004. Dylan is now in 5th grade.
- 3 -
15. The parties' child, Destiny, has attend school in the Cumberland Valley School District
since she started kindergarten in 2007. She is now in second grade.
16. Both children were enrolled in and are start school in the Cumberland Valley School
District on August 26, 2009.
17. On or about August 25, 2009, without the consent and knowledge of Father or his
attorney, Diane G. Radcliff, Esquire, Mother enrolled the child, Destiny, in the second
grade in the West Perry School District and had her start school in that school district
on August 25, 2009.
18. Despite the fact that she unilaterally changed school districts for Destiny from
Cumberland Valley to West Perry, she did not make a similar change for the Child, Dylan
and Dylan continues to be enrolled in the Cumberland Valley School District.
19. Mother had no authority to change school districts for the child, Destiny as such was a
legal custody decision to be made jointly by the parties or by Order of Court as directed
in the July 6, 2009 Order attached as Exhibit "D".
20. The child should continue to attend the only school district she has ever known until the
hearing to be held in this case.
21. School starts in the Cumberland Valley School District on August 26, 2009
WHEREFORE, based on the foregoing, Petitioner/ Father respectfully requests this Honorable
Court to enter an Emergency Order that pending the hearing and further Order of Court, the
parties' children shall be enrolled and attend school in the Cumberland Valley School District.
Respectfully submitted,
DIANE G. RADkIFF, ESQUIRE
Camp Hill, PA 17011
Phone: (717) 737-0100
Supreme Court ID # 32112
Attorney for Petitioner, Ryan James Rich
-4-
VERIFICATION
Ryan James Rich verifies that the statements made in this Petition are true and correct.
She understands that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904, relating to unsworn falsification to authorities.
1121-1-
Aup,ust 25, 2009
- 5 -
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving the foregoing document upon the person(s)
and in the manner indicated below, which service satisfies the requirements of the
Pennsylvania Rules of Civil Procedure:
Service by First Class Mail Addressed as Follows:
Bradley L. Griffie, Esquire
200 North Hanover Street
Carlisle, PA 17013
(Counsel for Defendant/ Respondent)
and by email to said attorney on August 25, 2009 emailed to his address as follows:
BGriffie@griffietaw.com
3. R CLIFF, ESQUIRE
ey istration No 32112)
Camp Hill, PA 17011
Email: dianeradcliff@comcast.net
Phone: (717) 737-0100
Fax: (717) 975-0697
Counsel for Plaintiff
Dated: August 25, 2009
-6-
EXHIBIT "A"
10/19/04 Order of Court
RYAN J. RICH,
PLAI NTI FF
V.
JENNIFER L. TIENTER,
DEFENDANT
AND NOW, this
the merits, IT IS ORDERED:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: 99-4145 CIVIL TERM
ORDER OF COURT
day of October, 2004, following a hearing on
(i) All prior custody orders are vacated and replaced with this order.
(2) Ryan J. Rich and Jennifer L. Tienter shall have joint legal custody of Dylan T.
Rich, born October 14, 1997, and Destiny T. Rich, born September 6, 2002.
(3) During the school year, the parents shall have shared custody of Dylan and
Destiny on the following two week schedule: - -- - --
(a) Week One:
(i) The father shall have Sunday from 7:00 p.m., Monday,
Tuesday and Wednesday until 5:30 p.m.
(ii) The mother shall have Wednesday from 5:30 p.m.,
Thursday and Friday until 5:30 p.m.
(iii) The father shall have Friday from 5:30 p.m., Saturday and
Sunday until 7:00 p.m.
(b) Week Two:
(i) The mother shall have Sunday from 7:00 p.m., Monday,
Tuesday and Wednesday until 5:30 p.m.
EXHIBIT
(ii) The father shall have Wednesday from 5:30 p.m., Thursday
and Friday until 5:30 p.m.
(iii) The mother shall have Friday from 5:30 p.m., Saturday and
Sunday until 7:00 p.m.
(4) During the summer school vacation period, the parents shall have shared
custody of Dylan and Destiny on alternate weeks with exchanges each Sunday at 7:00
p.m.
(5) On Thanksgiving Day, the mother shall always have the children in even
numbered years and the father shall have them in odd numbered years.
(6) At Christmas, in even numbered years the father shall have the children from
noon on December 24th until noon on December 25th, and the mother shall have them
'from noon on December 25th until noon on December 26th. In odd numbered years the
mother shall have the children from noon on December 24th until noon on December
25tH and the father shall have them from noon on December 25th until noon on
December 26tH
(7) The children shall always be with their mother on Mother's Day and the
father on Father's Day.
(8) The parent receiving the children shall provide transportation for the
exchange.
TRUE COPY FROM RECORD
In Testimony where f, I here unto sei my hand
an t e sea) f sal . u t Hi le, °a.
T t 1... Y
By tYie Cou s
Edgar B. Bayley, J.
Diane G. Radcliff, Esquire
For Ryan J. Rich
Mary Etter Dissinger, Esquire
For Jennifer L. Tienter
sal
EXHIBIT "B"
10/21/04 Order of Court
RYAN J. RICH, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
JENNIFER L. TIENTER,
DEFENDANT 99-4145 CIVIL TERM
AMENDED ORDER OF COURT
AND NOW, this 21 s' day of October, 2004, the custody order of October 19,
2004, is amended to add the following paragraph:
(9) Dylan shall go to school in the school district of his fathe
By t?he'Cou
Diane G. Radcliff, Esquire
For Ryan J. Rich
Mary Etter Dissinger, Esquire
For Jennifer L. Tienter
:sal
EXHIBIT
a
8 -
Edgar B. Bayley, J.
rrent residence.
In TesriM, ; hwe unto set my hand
an he c ..,, i our- a' r li le, Pa.
T
RYAN J. RICH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
JENNIFER L. TIENTER, NO. 99-4145 CIVIL TERM
Defendant/Petitioner : IN CUSTODY
PETITION FOR MODIFICATION OF CUSTODY
AND NOW, comes Petitioner, Jennifer L. Tienter, by and through her legal counsel of
record, Bradley L. Griffie, Esquire, and the law firm of Griffie & Associates petitions the Court
as follows:
1. Your Petitioner is the above-named Defendant, Jennifer L. Tienter, an adult
individual currently residing at 200 Roth Road, New Bloomfield, Perry County,
Pennsylvania.
2. Your Respondent is the above-named Defendant, Ryan J. Rich, an adult individual
currently residing at 8 Parker Springs Avenue, Carlisle, Cumberland County,
Pennsylvania.
3. The parties are the natural parents of two Children, namely Dylan T. Rich, born
October 14, 1997 and Destiny T. Rich, born September 6, 2002.
4. The parties are subject to two (2) Orders of Court dated October 19, 2004 and
October 21, 2004 which are attached hereto and incorporated herein by reference as
Exhibit "A" and Exhibit "B" respectively.
EXHIBIT
C
5. Since the entry of the aforementioned Orders, the Petitioner has resided with the
children at 304 South Carlisle Street, New Bloomfield, Perry County, Pennsylvania
from the time of the entry of the prior Order until May of 2007, along with her
Husband, Justin A. Tienter and their daughter Cailyn M. Tienter (born March 8,
2005).
6. Petitioner has resided with the children at the current address of 200 Roth Road, New
Bloomfield, Perry County, Pennsylvania from May 2007 to present, along with her
Husband, Justin A. Tienter and their daughter, Cailyn M. Tienter.
7. Since the entry of the prior Order, the Defendant has resided for various periods of
time at the following addresses:
A. 15 North Middlesex Road, Carlisle, Cumberland County, Pennsylvania;
B. 116 Willow View Drive, Carlisle, Cumberland County, Pennsylvania;
C. 3 Farmhouse Lane, Carlisle, Cumberland County, Pennsylvania;
D. 103 North Old Stonehouse Road, Carlisle, Cumberland County, Pennsylvania;
E. 18 Tiffany Drive, Carlisle, Cumberland County, Pennsylvania;
F. 8 Parker Springs Avenue, Carlisle, Cumberland County, Pennsylvania;
8. In addition to the children at issue in these proceedings, Respondent's girlfriends (at
least two or three), have resided for various periods with Respondent or at least have
spent extended periods of overnights with Respondent, Respondent has resided at the
home of his parents, James and Sharon Rich.
9. Since the entry of the prior Orders in this matter, there has been a substantial change
in circumstances such that it is in the children's best interest to be placed into the
primary physical custody of Petitioner.
WHEREFORE, Petitioner requests your Honorable Court to enter an Order providing for
the parties to have shared legal custody and for Petitioner to have primary physical custody of the
children at issue, Dylan T. Rich and Destiny T. Rich.
Respectfully submitted,
K Griffie, Esquire
for Petitioner/Defendant
& ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
VERIFICATION
I verify that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section
4904, relating to unsworn falsifications to authorities.
9 V l?/?
DATE: G O
J IFE L. TIENTER, Petitioner
RYAN J RICH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
JENNIFER L. TIENTER, : NO. 99-4145 CIVIL TERM
Defendant/Petitioner : IN CUSTODY
CERTIFICATE OF SERVICE
I, Bradley L. Griff e, Esquire, hereby certify that I did, the ? G day of June, 2009, cause
a copy of Defendant's Petition for Modification of Custody to be served upon Plaintiff by serving
him by first-class mail, postage prepaid at the following addresses:
Ryan J. Rich
8 Parker Spring Avenue
Carlisle, PA 17013
DATE: =-t"- &
e . Griffie, Esquire
Atto 4ey for Defendant/Petitioner
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717)243-5551
(800)347-5552
EXHIBIT "c"
Petition for Special Relief
RYAN J. RICH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW r'
IT)
JENNIFER L. TIENTER, NO. 99-4145 CIVIL TERM .P
Defendant/Petitioner IN CUSTODY L i
t?
PETITION FOR SPECIAL RELIEF PURSUANT TO E zz
PENNSYLVANIA R.C.P. X1915.13 C- rn
AND NOW comes Petitioner, Jennifer L. Tienter, by and through her co unsel, Bradley 1.<
Griffie, Esquire, and the law firm of Griffie and Associates and petitions the Court as follows:
1. Your Petitioner is the above named Defendant, an adult individual currently
residing at 200 Roth Road, New Bloomfield, Perry County, Pennsylvania.
2. The Respondent is the above named Plaintiff, Ryan J. Rich, an adult individual
currently residing at 8 Parker Springs Avenue, Carlisle, Cumberland County,
Pennsylvania.
3. The parties are the natural parent of two (2) children, namely Dylan T. Rich, born
October 14, 1997 and Destiny T. Rich, born September 6, 2002.
4. The parties are subject to two (2) Order of Court dated October 19, 2004 and
October 21, 2004, a copy of which are attached hereto and incorporated herein by
reference as Exhibit "A" and Exhibit "B", respectively.
5. Petitioner has filed a Petition for Modification of Custody, based upon a
substantial change in circumstances, in which Petitioner has requested primary
physical custody of the children.
6. Respondent had maintained his residence in the Cumberland Valley School
District since the entry of the Court's Order of October 21, 2004 which provided
that the children would attend school from father's "current residence".
7. Respondent has now moved his residence outside of Cumberland Valley School
District and into the Carlisle School District and, as such, the children will need to
change schools.
8. Since the entry of the prior Order in this matter, Respondent has been engaged in
activities that have resulted in various criminal charges being filed against him.
9. Since the entry of the prior Order, Respondent has been engaged in a course of
conduct which has included his physical confrontations and, it is submitted,
physical abuse of his girlfriends and others.
10. Since the entry of the Court's prior Order, Respondent has lived in no less than
six (6) different residences over less than a five (5) years period.
11. For all purposes, although the children have generally resided in Respondent's
shared custody for the designated periods of custody, there have been substantial
periods of time where the children have resided with Respondent's parents and
not in Respondent's care.
12. Although children have, in general, resided in the Respondent's care during the
period of time when he was to have custody, Petitioner has, for all practical
purposes, been the primary caretaker and primary custodian relative to meeting
the children's day to day needs.
13. Due to Father's move from Cumberland Valley School District the children will
be obligated to change school districts for the 2009-2010 school year.
14. Petitioner believes and therefore avers that following a comprehensive hearing in
this matter, the Court will award her primary physical custody such that it is in the
children's best interest to initiate their schooling for the 2009-2010 school year in
the West Perry School District where Mother resides and where the children will
ultimately be attending school following the hearing.
15. Petitioner has filed a Petition for Modification of Custody, a copy of which is
attached herein and incorporated herein by reference as Exhibit "C", and a
conciliation conference is pending in this matter.
16. Petitioner believes and therefore avers that it is in the children's best interest and
necessary to have a hearing scheduled on the issue of the school district that the
children should attend to begin the 2009-2010 school year so that the matter can
be resolved prior to the beginning of the school year in the event the matter is not
resolved through agreement at the custody conciliation conference.
WHEREFORE, Petitioner requests your Honorable Court to enter an Order scheduling a
hearing at which time the Court should determine that the children should attend the
school in the West Perry School District pending final resolution of the Petitioner's
Petition for Modification of Custody.
Respectfully Submitted,
90 MOy L -Griffie, Esquire
Attornvr?7for Petitioner
GRIFFIE AND ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
VERIFICATION
I verify that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section
4904, relating to unsworn falsifications to authorities.
DATE:
JE IFER TIENTER, Petitioner
RYAN J. RICH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
JENNIFER L. TIENTER, : NO, 99-4145 CIVIL TERM
Defendant/Petitioner : IN CUSTODY
CERTIFICATE OF SERVICE
/ f-
274 J;?l
I, Bradley L. Griffie, Esquire, hereby certify that I did, the r;FF day of;k , 2009,
cause a copy of Defendant's Petition for Special Relief to be served upon Plaintiff by serving
him by first-class mail, postage prepaid at the following addresses:
Ryan J. Rich
8 Parker Spring Avenue
Carlisle, PA 17013
DATE:
PFT& i ie, Esquire
efendant/ Petitioner
SSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717)243-5551
(800)347-5552
EXHIBIT "D"
7/6/09 Order of Court
t f
JUL 022009
RYAN J. RICH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
JENNIFER L. TIENTER, NO. 99-4145 CIVIL TERM
Defendant/Petitioner IN CUSTODY
ORDER OF COURT
AND NOW this day of
2009, upon presentation and
consideration of the within Petition for Special Relief, it is hereby ORDERED AND DIRECTED
that a hearing is scheduled for the day of ,
2009 at o'clock m. to allow the Court to determine the school district where the
children shall begin attending school for the 2009-2010 school year.
By the Court,
J.
Cc: Ryan J. Rich
Pro Se
Bradley L. Griffie
f Attorney for Defendant
'l 06/ ? i
44k,j-1-1ZL .
?'L l
JL'AIL CLO) JA?,
aymi-L t-on
q
oa P ? An`f
RYAN JAMES RICH, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
JENNIFER L. TIENTER,
Defendant 99-4145 CIVIL TERM
ORDER OF COURT
AND NOW, this 25th day of August, 2009, the within
petition for emergency relief, IS GRANTED. Destiny Rich as
well as Dylan Rich shall attend school in the Cumberland Valley
School District pending further order of
By t
? Diane G. Radcliff Esquire
For Plaintiff
? Bradley L. Griffie, Esquire
For Defendant
prs
Co 62-g eylk
`L
Edgar B.
'Petitioner, Ryan Rich, is living at 18 Tiffany Drive, Carlisle, which is in the Cumberland
Valley School District. He has equal shared custody of the children. On July 6, 2009, this
Court denied a petition of Jennifer L. Tienter to move the children from the Cumberland Valley
School District pending resolution of her current petition to modify the existing custody order.
?L4V`i?? »{ 'E
4F THE PP .;nN,4QTARY
1009 AUG 25 P[l !,: 25)
RYAN J. RICH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
JENNIFER L. TIENTER, : NO. 99-4145 CIVIL TERM
Defendant/Petitioner : IN CUSTODY
NOTICE TO PLEAD
You are hereby notified to file a written response to the within New Matter within
twenty days (20) days from service hereof or a judgment may be entered against you.
RYAN J. RICH, IN THE COURT OF COMMON PLEAS OF
Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
JENNIFER L. TIENTER, NO. 99-4145 CIVIL TERM
Defendant/Petitioner IN CUSTODY
ANSWER TO PETITION FOR SPECIAL RELIEF/INJUNCTION
AND NEW MATTER
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Denied. It is denied that Ryan James Rich, the Petitioner in this matter and
further referenced as "Father" in the Petition for Special Relief, was residing at 18
Tiffany Drive, Carlisle, Cumberland County, Pennsylvania. It is averred, rather,
that Petitioner was residing with the children at 12 Parker Springs, Carlisle,
Cumberland County, Pennsylvania, at the time of the filing of the Petition for
Modification of Custody and for a period of months prior thereto. It is further
averred that if the Petitioner now claims to be residing at 18 Tiffany Drive,
Carlisle, that move occurred within days of Petitioner signing and filing the
within Petition.
6. Admitted.
7. Admitted.
8. Admitted.
9. Admitted.
10. Admitted.
11. Admitted in part and denied in part. It is admitted that on or about June 26, 2009
Mother filed a Petition for Modification of Custody seeking primary custody of
the children. It is denied that the Conciliation Conference has been scheduled on
that Petition for October 8, 2009 at 9:30 a.m. before Dawn Sunday. It is averred,
rather, that initially the Conciliation Conference was scheduled in this matter for
August 5, 2009, but was continued to August 14, 2009 at the request of counsel
for Petitioner, which date was within the timeframe to address this matter through
the Conciliation Conference prior to the beginning of the school year. It is further
averred that, due to the delay in Petitioner retaining counsel, the Conciliation
Conference was again delayed at the request of counsel for Petitioner and,
ultimately, was rescheduled for the morning of September 10, 2009. It is further
averred that due to another apparent conflict, this time with the schedule of the
Conciliator, the Conciliation Conference has been rescheduled for Tuesday,
September 8, 2009 at 9:30 a.m.
12. Admitted.
13. Admitted.
14. Denied. It is denied that Dylan is now in 5`h grade as Dylan is actually now in 6th
grade.
15. Admitted.
16. Denied. Respondent is without sufficient knowledge or information to form a
belief as to the truth of the averments set forth in paragraph 16 and they are,
therefore, denied. It is further averred that Mother communicated with Father
initially and then through counsel, through the filing of the Petition for Special
Relief and Petition for Modification of Custody, over the issue of schooling as
Father had moved and was residing with the children in the Carlisle School
District. It is further averred that Mother has become aware that within the last
week or two, Father filed a verified statement with the Cumberland Valley School
District, which was untrue at the time it was signed, indicating he was residing
with his parents within the Cumberland Valley School District boundaries,
wherein he claimed he was residing with his parents and with the children at his
parents' address as well. It is further averred that such statements were false
when signed and filed.
17. Denied as stated. It is denied that on or about August 25, 2009 Mother enrolled
the child, Destiny, in the West Perry School District. It is averred, rather, that
after Mother attempted to communicate with Father relative to the need for the
children to attend school where one of the parents was residing, which occurred
months ago, she enrolled both children in the West Perry School District on July
13, 2009 as Petitioner had made no efforts whatsoever to register the children in
the Carlisle School District where he was residing and where the children were
residing when they were in his custody. It is averred that not until the weekend
before school was to start in Cumberland Valley School District did Petitioner
begin taking the children's personal property items and clothing from his home to
his parents' home so that it would appear that they are living in the Cumberland
Valley School District rather than the Carlisle School District. It is further
averred that Petitioner himself did not move from the Carlisle School District to
the Cumberland Valley School District to Respondent's knowledge. It is further
averred that if Petitioner is moving back to his parents' residence at 18 Tiffany
Drive, Carlisle, Cumberland County, Pennsylvania, it will be the seventh move
and change of residence he has made since the entry of the Court's Orders in
October 2004.
18. Denied. It is denied that Respondent unilaterally changed School Districts for
Destiny in that the children, Destiny and Dylan, were not residing in the
Cumberland Valley School District and, therefore, could not attend Cumberland
Valley School District. It is further averred that as such, Respondent registered
both children in the West Perry School District, but due to the reading of the 2004
Court Orders, a representative from the West Perry School District indicated that
the child, Dylan, could not be enrolled in West Perry School District until the
prior Orders were changed, deferring the Father's then school district, Carlisle.
19. Denied. It is denied that Respondent had no authority to change school districts
for the child, Destiny. It is averred, rather, that Petitioner refused to discuss with
Respondent the fact that neither he nor Respondent resided in the Cumberland
Valley School District and, therefore, the children would need to change School
Districts for the 2009-2010 school year. It is further averred that in order to avoid
the children being improperly enrolled in the Cumberland Valley School District
when neither parent resided within the School District boundaries, Respondent
registered both children in the West Perry School District. It is further averred
that it was not until the last week to ten days that Petitioner filed a false Affidavit
claiming that he was residing at his parents' residence and claiming that the
children were residing at his parents' residence in an effort to surreptitiously
register the children for school in the Cumberland Valley School District. It is
further averred that Respondent still is not aware of whether Petitioner has
actually moved his residency or is simply claiming to have moved his residency
in order to improperly have the children attend Cumberland Valley School
District.
20. Denied. It is denied that child should continue to attend Cumberland Valley
School District until the hearing is held in this case. It is averred, rather, that
Petitioner was not and, at this point, is believed to be continuing to not reside
within the Cumberland Valley School District as he maintains a residence where
he and the children have been residing in the Carlisle School District. It is further
averred that Destiny began school in the West Perry School District where she has
many friends and where she is happy to attend and, as such, Destiny should
continue pursuing her second grade education in the West Perry School District
pending hearing in this matter.
21. Admitted.
WHEREFORE, Respondent requests your Honorable Court to dismiss
Petitioner's Petition.
NEW MATTER
22. Respondent's answers to paragraph's 1 through 21 are incorporated herein by
reference as if set forth in their full text.
23. Respondent filed a Petition for Special Relief in this matter on July 2, 2009 due to
the fact that Father was residing in the Carlisle School District and had the
children residing with him in the Carlisle School District for his week of custody
and Mother was residing where she has resided for many years, in the West Perry
School District, and had the children with her during her weeks of custody.
24. As such, Mother attempted to secure court intervention before registering her
children in her school district where she resided with her children and only
registered them after court intervention was denied.
25. Until Father moved the children's belongings from his home in the Carlisle
School District into his parents' home in the Cumberland Valley School District
within the past few days, Father had not even attempted to hide the fact that he
was residing in another school district, but rather filed a false Affidavit with the
Cumberland Valley School District in an effort to have the children attend school
in the Cumberland Valley School District.
26. Mother became aware of Father's efforts in this regard and was informed by
representatives of the Cumberland Valley School District that no action would be
taken to determine whether the children actually reside within the School District
until after the beginning of the school year and, therefore, no legal action could be
taken relative to Father's false Affidavit until after the school year began.
27. Particularly in light of Father's instability in residences, but also due to his "game
playing" relative to the children's school district, and, further, for the reason
stated in Mother's original Petition for Special Relief, the children should be
registered in an remain attending school in the West Perry School District pending
a full hearing in this matter.
WHEREFORE, Respondent requests your Honorable Court to dismiss
Petitioner's Petition and allow the children, or at least the child Destiny, to continue in
schooling at West Perry School District.
Respectfully submitted,
Esquire
200 North jganover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
I verify that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904, relating to unworn falsification to authorities.
(? it
DATE: l "!
Je ifer L. ienter
RYAN J. RICH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
JENNIFER L. TIENTER, NO. 99-4145 CIVIL TERM
Defendant/Petitioner IN CUSTODY
CERTIFICATE OF SERVICE
I, Bradley L. Griffie, Esquire hereby certify that I did, the c_ day of September,
2009, cause a copy of Respondent's Answers and New Matter to be served upon the
Petitioner, Ryan J. Rich, by serving his attorney of record by first class mail, postage
prepaid, at the following address:
Diane G. Radcliff, Esquire
3448 Trindle Road
Camp Hill, PA 17011
DATE:
Cje"i ie, squire
M ey for Defendant/Respondent
C,c: TI lu 1 ??r .. ?. w
2 CG9 S:' -2 FI, ;; 2 1
RYAN J. RICH IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. 1999-4145 CIVIL ACTION LAW
JENNIFER L. TIENTER
Defendant IN CUSTODY
ORDER OF COURT
AND NOW, this day of P? 2009, upon
consideration of the attached Custody Conciliation eport, it is ordered and directed as follows:
1. A hearing is scheduled in Court Room No. oZ of the Cumberland County Court House
on the .2ln'?'Lday of , 2009, at t:30 o'clock 0 m. at which
time testimony will be taken. For purposes of the hearing, the Mother, Jennifer L. Tienter, shall be
deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall
file with the Court and opposing counsel a Memorandum setting forth each party's position on
custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated
testimony of each witness. These Memoranda shall be filed at least seven days prior to the hearing
date.
2. Pending further Order of Court or agreement of the parties, the Children shall continue to
attend school in the school district in which the Father currently resides as required by prior Order.
cc: " adley L. Griffie, Esquire - Counsel for Mother
? Diane G. Radcliff, Esquire - Counsel for Father
?.orJ ? ??S h1.?. ?
SEP 1 120094
RYAN J. RICH
Plaintiff
vs.
JENNIFER L. TIENTER
Defendant
Prior Judge Edgar B. Bayley
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
1999-4145 CIVIL ACTION LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
follows:
The pertinent information concerning the Children who are the subjects of this litigation is as
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Dylan T. Rich October 14, 1997 Father/Mother
Destiny T. Rich September 2, 2002 Father/Mother
2. A custody conciliation conference was held on September 8, 2009, with the following
individuals in attendance: the Father, Ryan J. Rich, with his counsel, Diane G. Radcliff, Esquire, and
the Mother, Jennifer L. Tienter, with her counsel, Bradley L. Griffie, Esquire.
3. This Court previously entered Orders in this matter dated October 19, 2004, under which the
parties had shared physical custody, and an Order dated October 21, 2004 specifying that Dylan, the
only school aged Child at the time, shall attend school in the Father's school district. The Mother filed
this Petition to Modify seeking primary physical custody of the Children. The parties agree that the
Children appear to be doing well both in school and otherwise. The Mother's counsel requested the
scheduling of a hearing.
4. The Mother's position on custody is as follows: The Mother believes that the Father's
change in residence (three times since entry of the last Order), concerns that the Father is introducing
the Children to various girlfriends, and certain incidents related to domestic problems in the Father's
household, warrant a change to a primary physical custody schedule. The Mother believes that she is a
better role model for the Children and would provide more stability and continuity. The Mother also
expressed concern that on at least a few occasions, the Father's girlfriend was providing care for the
Children when the Mother was available and should have been afforded the opportunity to have the
Children. The Mother seeks primary physical custody.
5. The Father's position on custody is as follows: The Father believes that the Children are
doing exceptionally well in school, in their activities and otherwise. Therefore, he does not feel that
there should be a change in the current custody schedule. The Father denied being in a current
relationship with a significant other and stated that the relationship which had been the source of the
domestic problems about which the Mother had concerns has terminated. The Father indicated that his
prior move out of the Cumberland Valley School District where the Children had been attending
school was unintentional and that he is now living with his parents within the school district. The
Father believes that the Children need both parents and that the current shared schedule satisfies that
need. The Father opposes the Mother's request for primary physical custody.
6. The conciliator recommends an Order in the form as attached scheduling a hearing in this
matter. Counsel for the parties have indicated that the hearing may require one full day. They do not
expect, at this point, to present expert testimony.
tom /v, -IC0 9
Date Dawn S. Sunday, Esquire
Custody Conciliator
Fil
VF HE l " .nt t '
2069 SEP 15 PH 3: 27
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
RYAN J. RICH, No. 99-4145 CIVIL TERM
Plaintiff
V. CIVIL ACTION - LAW
JENNIFER L. TIENTER, IN CUSTODY
Defendant
ORDER
AND NOW, this ! day of October, 2009, pursuant to mutual agreement of legal
counsel, the custody hearing originally scheduled in the above referenced matter for
October 26, 2009 at 1:30 p.m. is hereby rescheduled to December 7, 2009 at 1:30 p.m.,
Courtroom 2, Cumberland County Courthouse, Carlisle, Pennsylvania.
Counsel for the parties shall file with the Court and opposing counsel a Memorandum
setting forth each party's position on custody, a list of witnesses who are expected to
testify at the hearing, and a summary of the anticipated testimony of each witness.
These Memoranda shall be filed at least seven days prior to the heart/ date.
BY THE COU
Edgar B. Bayley, Judge
Distribution to:
? torney for Plaintiff: Diane G. Radcliff, Esquire, 3448 Trindle Rd., Camp Hill, PA 17011
ZAttorney for Defendant: Bradley L. Griffie, Esquire, 200 North Hanover Street, Carlisle, PA 17013
(20 , ?S ?Y1 ?[ t l td?.
I
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F1LF?--tu??
OF TIME pROnll"NGTARY
2009 OCT -S AH 9: 4 9
Pb iiNS'YLVANIA
RYAN J. RICH, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
JENNIFER L. TIENTER, NO. 99-4145 CIVIL TERM
Defendant IN CUSTODY
Judge: Edgar B. Bayley
PETITION FOR CONTINUANCE
AND NOW, comes Petitioner, Bradley L. Griffie, Esquire, and petitions the
Court as follows:
1. Your Petitioner is counsel of record for the above named Defendant, Jennifer L.
Tienter.
2. The above named Plaintiff, who is the Respondent to this Petition, is represented
by Diane G. Radcliff, Esquire, of 344 Trindle Road, Camp Hill, Pennsylvania,
17011.
3. This action was initiated by the filing of a Petition for Modification of Custody
by Defendant, represented by Petitioner herein.
4. A hearing was scheduled in this matter, following Conciliation, for October 26,
2009 at 1:30 p.m.
5. Following Conciliation, and upon the recommendation and concurrence of both
counsel for both parties, the parties determined they would engage in counseling
with Interworks, and more specifically engaged the services of Deborah L.
Salem, for purposes of counseling with the parties and their children in an effort
to resolve the conflict that resulted in the filing of the Petition.
6. The rescheduled hearing was set for December 7, 2009 at the joint request of the
parties and counsel.
7. Counsel for the parties engaged in a telephone conversation with the selected
counselor, Deborah Salem, to initiate the counseling process and schedule the
initial appointments for the parties.
8. Respondent failed to attend his initial appointment as scheduled, causing delay
in the initiation of the counseling process.
9. The counselor had some personal matters she was required to address that
caused some additional delay in fully engaging in counseling with the parties
and the children.
10. The counselor has advised counsel,that it will be impossible for her to have any
substantive input into the family and the matters at issue in this case prior to the
December 7 hearing.
11. The counselor has indicated that she believes she would be able to give some
input to counsel in this matter near the end of December or the beginning of
January after, at least, one round of sessions with both parties and the children,
as well as a joint session with the parties.
12. The parties engaged in this counseling process in an effort to avoid the
confrontation that would ensue with litigation and in the hopes and anticipation
that the matters at issue could be resolved without litigation.
13. Petitioner and his client, who initiated this litigation, are satisfied with allowing
the counselor to conclude the counseling process as the parties anticipated in
September 2009 when the hearing was first continued, and only if the counseling
does not satisfactorily resolve the matters at issue would litigation be necessary.
14. Counsel for Respondent and Respondent have demanded that a hearing take
place on December 7, 2009 despite Petitioner's and Petitioner's client's request
for a continuance, and do not concur in this request.
15. Petitioner's client has already incurred fees exceeding $300.00 in the counseling
process, all of which funds would be wasted if the parties are not able to take the
counseling to its reasonable conclusion.
16. Counsel for Respondent has suggested that this matter could be discussed jointly
between counsel and the counselor on December 3, which would certainly not
allow the parties sufficient time to prepare for a hearing on December 7cn
17. Petitioner and his client have not aggressively prepared for the hearing
scheduled for December 7th based upon the fact that the parties were attempting
to resolve these conflicts jointly through counseling rather than litigation.
WHEREFORE, Petitioner requests your Honorable Court to reschedule the
hearing in this matter or, in the alternative, to enter an Order continuing the hearing
generally and allowing either party to request a hearing with the Court following the
completion of the counseling in which both parties have voluntarily engaged.
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
Respectfully submitted,
I verify that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904, relating to unworn falsification to authorities.
DATE:
Bea!' riff , Esquire
RYAN J. RICH,
Plaintiff
V.
JENNIFER L. TIENTER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99-4145 CIVIL TERM
IN CUSTODY
Judge: Edgar B. Bayley
CERTIFICATE OF SERVICE
f'
I, Bradley L. Griffie, Esquire hereby certify that I did, the i day of December,
2009, cause a copy of the within Petition for Continuance to be served upon the Plaintiff,
Ryan J. Rich, by serving his attorney of record by email, facsimile and first class mail,
postage prepaid, at the following address:
DATE: 1 .),4 1 (a
Diane G. Radcliff, Esquire
3448 Trindle Road
Camp Hill, PA 17011
dianeradcliff( comcast.net
(Facsimile) 717-975-0697
' B ie, Es ire
ant
,THC ?,tL.i 0-!O1 OTAPY
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2009 DEC - I PM 2: 14
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