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HomeMy WebLinkAbout07-3093CANDICE A. OVERMILLER, Plaintiff v. STEPHEN J. OVERMILLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007- 3t~ ~3 CIVIL ACTION -LAW CUSTODY COMPLAINT FOR CUSTODY OF MINOR CHILDREN Plaintiff Candice A. Overmiller, by her attorneys, Snelbaker & Brenneman, P. C., hereby avers the following: 1. Plaintiff is Candice A. Overmiller, an adult individual residing at 1408 Bradley Drive, No. L312, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Stephen J. Overmiller, an adult individual residing at 1537 Sheepford Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the following children: NAME PRESENT RESIDENCE AGE Sydney A. Overmiller 1408 Bradley Drive, Carlisle 6 (D.O.B. 04/30/2001) Chloe J. Overmiller 1408 Bradley Drive, Carlisle 3 (D.O.B. 05/25/2004) The children named above were born in wedlock. The children named above are presently in the custody of Plaintiff at her residence as indicated in Paragraph 1, above. During the last five (5) years, the children subject to this custody action resided with LAW OFFICES SNELBAKER & BRENNEMAN, F.C. the following persons and at the following addresses: PERSONS ADDRESSES Plaintiff Candice A. Overmiller 1408 Bradley Drive Carlisle Defendant Stephen J. Overmiller 1537 Sheepford Road Mechanicsburg Plaintiff and Defendant 1537 Sheepford Road Mechanicsburg Plaintiff and Defendant 6 William Penn Drive Camp Hill DATES December 28, 2006 to Present December 28, 2006 to President November 2003 to December 28, 2006 2001 to November 2003 The mother of the children is Plaintiff Candice A. Overmiller, who is currently residing at the address indicated in Paragraph 1, above. She is married to Defendant. The father of the children is Defendant Stephen J. Overmiller, who is currently residing at the address indicated in Paragraph 2, above. He is married to Plaintiff. 4. The relationship of Plaintiff to the children is that of mother. The Plaintiff currently resides with the following persons: NAME Sydney A. Overmiller Chloe J. Overmiller RELATIONSHIP Daughter Daughter 5. The relationship of Defendant to the children is that of father. The Defendant LAW OFFICES SNELBAKER EC BRENNEMAN, P.C. currently resides with the following persons: NAME Sydney A. Overmiller Chloe J. Overmiller RELATIONSHIP Daughter Daughter -2- 6. Plaintiff has not participated as a party in other litigation that involved custody of the parties' children. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to these proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting primary physical custody to Plaintiff because Plaintiff can and has provided an emotionally stable home and environment for her children and has been the primary caretaker for the children since the children's births. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene: None. WHEREFORE, Plaintiff Candice A. Overmiller requests this Court to grant her primary physical custody of her children, Sydney A. Overmiller and Chloe J. Overmiller. SNELBAKER & BRENNEMAN, P. C. LAW OFFICES SNELBAKER & Date: May 21, 2007 BRENNEMAN, P.C. a. I(12?~_ Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Candice A. Overmiller -3- VERIFICATION I verify that the statements made in the foregoing Complaint 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. _~. Date: May 21, 2007 Candice A. Overmiller ~y t"~] t"] ~ \ t \ 1 = ~~ ~ ~ o r.~ -_ -, '~ o ~ ay ~ ;. , W ~ ~ r ., o ' _ ~ ~,, r~ -~: l CANDICE A. OVERMILLER IN THE COURT OF COMMON PLEAS OF PL.,AINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. STEPHEN J. OVERMILLER DEFENDANT • 07-3093 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, ~_ _ Friday, May 25, 2007 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, June 12, 2007 at 10:00 AM for aPre-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 al;e 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 a!1 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/ ohn .Man an r. Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infonnation 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 UO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN (iET LEGAL HELP. Cumberland County Bar Association 3? South Bedfi~rd Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ca _sPS ,,~. :~ 1w.~ E ~'''. `~ ` !`;ii`~'.~ c it :~ ~~~~~ ~~ r~`~~~-~ f.G~IZ _''" ~I~ r r CANDICE A. OVERMILLER, Plaintiff, vs. STEPHEN J• OVERMILLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.07 - 3093 CIVIL CIVIL ACTION -LAW CUSTODY ANSWER TO PLAINTIFF'S COMPLAINT FOR CUSTODY OF MINOR CHILDREN AND NOW, comes Defendant, Stephen Overmiller, by and through his counsel Linda A. Clotfelter, Esquire, who responds to Plaintiff's Complaint as follows: 1. Admitted. 2. Admitted. 3. Admitted in part and denied in part. The general allegations regarding the identity and personal information related to the children are admitted; however it is specifically denied that the children's present residence is with Mother at 1408 Bradley Drive, Carlisle, Pennsylvania. In further answer hereof, the custody arrangements for the five (5) months just prior to the filing have been truly shared by the parties on a 50/50 basis since Plaintiff left the family home in January, 2007. For the three (3) years prior to Mother's departure, the children resided at Father's address, (the family residence) located at 1537 Sheepford Road, Mechanicsburg, Pennsylvania. 4. Admitted. 5. Admitted. 6. Admitted. 7. Denied. It is specifically denied that the best interest and permanent welfare of the children would be served by granting Mother primary physical custody. It is also denied that Mother has been the primary caretaker of the children since birth and the implication that Father's home environment is less nurturing or stable than Mother's is also denied. In further answer hereof, it is in the best interest of the children to be within the primary care of their Father in the family residence for the following reasons: a. Since the children's birth, it was Father and not Mother who provided the children with their primary care on a regular basis. Father could typically adjust his schedule to care for the children and minimize daycare expenses. This occurred from 2001 through 2005 while Mother attended graduate school at Millersville University. In 2006 Father adjusted his work schedule so that he could be home with Sydney to care for her in the morning; get her on the bus for kindergarten; be there to get her off the bus; and then he would play with her and make dinner. Presently Father's work hours coincide with the school hours, so Father is available to feed, bathe, and care for the children, including taking them to doctor's and other appointments, as he always has. There are no limitations to Father's involvement in the care of the children and since Mother left the family residence, Father has continued in his role as primary caregiver. b. Father's residence has been the children's home for most of Sydney's life and all of Chloe's life. It is the community in which they are most comfortable and have the most connections. The children have their own rooms; a dog; a cat; a private yard in which they can safely play; sidewalks for bike riding and roller-skating; friends there including Sydney's friends at the school that she had been attending; and also a neighborhood park within two blocks. c. Mother's current living conditions are inappropriate for two small children as it is a third floor apartment with no yard in which the children may play. The children are not able to safely ride their bikes, roller skate, or do other similar activities. If the children want to play outdoors, Mother must take them to a park. This environment is expected to continue for at least one more year due to her recent lease renewal. d. Father has strived to communicate with Mother on all issues related to the children while Mother has not. More specifically, Mother unilaterally removed Sydney from her school and enrolled her in a different school, despite Father's objections. Mother has also "told" Father that Sydney will go to yet another school in the fall, without discussing it with Father. Essentially, Mother refuses to effectively work with Father on communication and she went as far as to refuse Father's request for marriage counseling provided by Section 3302 of the Divorce Code. e. Father has always encouraged the children's relationships with their extended families. Mother, on the contrary, has forbidden any relationship with the maternal grandmother who lives in Carlisle, and consequently, she has never seen the children. Sydney has begun questioning Father about this situation and due Father's concern about her confusion and emotional state; he would encourage a relationship, as has been the case with the other extended family members. f. Father has always participated in and attended the children's school and other activities. His schedule is such that he can typically attend and Chloe's daycare is across the street from his place of employment. Father has participated in safety day; bike-a - rama; track and field day; two family dance nights; kindergarten celebration; and Sydney's talent show. He has also helped in class for kid-writing and he has gone on field trips with Sydney's class, which Mother did not do until after the separation. 8. Admitted. WHEREFORE, Defendant, Stephen J. Overmiller, respectfully requests that this court grant him primary physical custody of the parties' children, Sydney A. Overmiller and Chloe J. Overmiller; grant partial custody to Plaintiff; and order that the parties participate in co-parenting or family counseling. Date: Lt ! ' D Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER X621 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attorney for Defendant CANDICE A. OVERMILLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA vs. : N0.07 - 3093 CIVIL STEPHEN J. OVERMILLER, :CIVIL ACTION -LAW Defendant :CUSTODY VERIFICATION I, STEPHEN J. OVERMILLER, verify that the statements in the foregoing document aze true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: (3 0'1 STEP N J. VERMILLER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.07 - 3093 CIVIL CIVIL ACTION -LAW CUSTODY CERTIFICATE OF SERVICE h AND NOW, this ~~' day of a ~~.Y , 2006, the undersigned hereby certifies that a true and correct copy of the foregoing ANSWER TO PLAINTIFF'S COMPLAINT FOR CUSTODY OF MINOR CHILDREN, was served upon the interested parties by facsimile and United States First Class Mail, postage prepaid, addressed as follows: Keith Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055 John J. Mangan, Jr., Esquire 35 East High Street Carlisle, PA 17013 Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER Li da A. Clotfelter, Esquire A torney ID No. 72963 21 East Trindle Road, Suite 1 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attorney for Defendant CANDICE A. OVERMILLER, Plaintiff, vs. STEPHEN J. OVERMILLER, Defendant (~ ~ O ~~ - ~ ' .r , ~= --~ r cry ~, ~,_ rV' c;~ ..,-- ~ -1 - .. ~~ SHERIFF'S RETURN - REGULAR CASE N0: 2007-03093 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND OVERMILLER CANDICE A VS OVERMILLER STEPHEN J RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - CUSTODY was served upon OVERMILLER STEPHEN J the DEFENDANT at 0837:00 HOURS, on the 7th day of June 2007 at CUMBERLAND COUNTY 911 1101 CLAREMONT ROAD CARLISLE, PA 17013 by handing to STEPHEN OVERMILLER a true and attested copy of COMPLAINT - CUSTODY together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge 18.00 4.80 .41 10.00 .00 33.21 So Answers: R. Thomas Kline 06/11/20n~ SNELBAKE Sworn and Subscibed to By: before me this day of A.D. CANDICE A. OVERMILLER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V. IN CUSTODY STEPHEN J. OVERMILLER, DEFENDANT 07-3093 CIVIL IN RE: CUSTODY ORDER OF COURT AND NOW, this 8th day of August, 2007, upon consideration of the custody matter pending before this court, IT IS HEREBY ORDERED AND DIRECTED that a status conference shall be held in chambers of Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania on Thursday, August 9, 2007, at 4:00 p.m. By the Court, ~~ ~ M. L. Ebert, Jr., J. mda Clotfelter, Esquire ith Brenneman, Esquire bas 6Z ~ZI ~~ 8- ~~~ tDQl ~ViJ~\..' tJJ i}~ CANDICE A. OVERMILLER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V. STEPHEN J. OVERMILLER, DEFENDANT NO. 07-3093 CIVIL ORDER OF COURT AND NOW, this 14th day of August, 2007, after review of the pleadings in the case, the recommendation of the Custody Conciliator, and after a status conference with counsel, IT IS HEREBY ORDERED AND DIRECTED that the child Sydney A. Overmiller, DOB: 4/30/01 shall be initially enrolled in the Carlisle School District for the school year 2007/2008 beginning August 28, 2007. IT IS FURTHER ORDERED AND DIRECTED that a full hearing in this matter shall be held on Friday, September 21, 2007, at 9:30 a.m. at which time the Court will consider what is in the best interest of the child as to where the child should attend school. By the Court, eith O. Brenneman, Esquire Attorney for Plaintiff ~a Clotfelter, Esquire Attorney for Defendant bas ~~ M. L. Ebert, Jr., J. < < 7, ~~ ~l1~~ ~1 `~~`~t~}~~ ~~~ o ~ ~ool~y CANDICE A. OVERMILLER, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 07-3093 Civil Term STEPHEN J. OVERMILLER, Defendant : ACTION IN CUSTODY COURT ORDER AND NOW, this ~ day of August, 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: This Order is entered pursuant to a C~tody Conci iation Conference. A Custody Hearing is hereby scheduled on o2~ day of , 2007 at ~ : ~ am/}~m~ ur Courtroom number ~ in the umberland County Court of Common Pleas, Carlisle, PA 17013. 2. The Mother, Candice Overmiller, and the Father, Stephen Overmiller, shall enjoy shazed legal custody of Sydney A. Overmiller, born Apri130, 2001 and Chloe J. Overmiller, born May 25, 2004. The parties agree that major non-emergency decisions concerning the children's health, welfare, education and religion shall be made by them jointly, after discussion and consultation with the other, with a view toward obtaining and following a harmoniously policy in the children's best interest. 3. The Mother and Father shall share physical custody of the Sydney and Chloe Overmller on a three days on/three days off schedule. In the event that Father's work schedule changes to a twelve hour shift, the parties shall share physical custody on a 2/2/3 schedule. (For example, meaning Mother has the children Monday and Tuesday, Father has the children Wednesday and Thursday and Mother has Friday through Sunday. The following week Father has Monday and Tuesday and soon.) The times and location for the exchanges are as mutually agreed upon. 4. Transportation: The non-custodial parent shall pick up and transport the children unless the parties mutually agree to some alternative. 5. Mother and Father shall employ appropriate car seats/restraints for the Children during transportation. 6. Telephone contact between Children and the non-custodial parent shall be liberal as agreed upon between the parties. Should the parents not agree on a telephone schedule, the. custodial parent shall facilitate telephone contact between the non- custodial pazent and the Children at 8:30 pm. 7. Mother and Father shall not engage in any disparaging language with the Children that would negatively affect the Children's love and affection for the other parent. To the extent possible, Mother and Father shall not allow any disparaging conversation by third parties regarding the other parent. 8. Holidays: Holidays shall be as mutually agreed upon by the parties. In the event that the parties can not agree, Christmas in 2007 and in all odd numbered years, the Father shall have custody from 3:00 pm on 12/24 until 12:00 pm on 12/25. The Mother shall have custody from noon 12/25 through 3:00 pm 12/26. This schedule shall alternate in even number years. For New Year's eve holiday, the schedule shall be identical to that of the Christmas holiday. Mother and Father shall have custody the Children on their respective days from 9:00 am through 8:00 pm. For Easter and Thanksgiving, the Father shall have custody of the Children from 8:00 am unti12:00 pm and Mother from 2:00 pm unti18:00 pm in odd years. This shall rotate in even years. The parties shall rotate Memorial Day from 9:00 am unti17:30 pm, Fourth of July from 9:00 am until 10:30 pm, or after the fireworks, and Labor Day from 9:00 am unti17:30 pm. Mother shall commence this schedule on Memorial Day 2007. 9. Vacation: Each party shall have two weeks vacation (non consecutive), no more than seven consecutive. days. The party seeking said vacation shall give the other party three weeks notice of intentions. 10. In the event of a medical emergency, the custodial parent shall notify the other parent as soon as practicable after the emergency is handled. 11. Mother and Father are directed to continue with their co-parenting counseling to address their issues on how to successfully communicate/work with each other so that they can successfully raise their children. Distribution: ~stiida Clotfelter, Esq. ~rth Brenneman, Esq. ~tihn J. Mangan, Esq. c BY THE COURT, J. i~ 't i''~' ~ j ,ll~--~i~_.' ~~E~' _ "~a ~9:~ ~ ~ ~ ~ I ~~"~ ft ~ ~('i ~ ~DOl )i::~ij l""r_i~ ll_~ CANDICE A. OVERMILLER, Plaintiff vs. STEPHEN J. OVERMILLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-3093 Civil Term ACTION IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Sydney A. Overmiller, born April. 30, 2001, currently in the shared physical custody of Mother and Father Chloe J. Overmiller, born May 25, 2004, currently in the shared physical custody of Mother and Father 2. A Conciliation Conference was held on June 18, 2007 and a status update conference was held on August 6, 2007 with the following individuals in attendance: The Mother, Candice Overmiller, with her counsel, Keith Brenneman, Esq. The Father, Stephen Overmiller, with his counsel, Linda Clotfelter, Esq. 3. Father's position on custody is as follows: The Parties have essentially come to an agreement in regard to a custody schedule with the unresolved issue of which school district Sydney will attend. Sydney had attended Lower Allen (West Shore school district) and then transferred to Letort Elementary for half a year where Mother was employed as an elementary school teacher. Mother has recently obtained a job at Crestview Elementary and Father does not think it is in the Child's best interest to attend yet another school. Father would like Sydney to return to Lower Allen to attend school with children that she is already familiar with. Father's position is such that he feels that Sydney should attend a school that is more of a neutral setting; i.e. that Mother's employment at the same school that Sydney would attend causes too much influence in the whole situation. Father also asserts that Sydney also has established friends in Father's community and school district. 4. Mother's position is as follows: Mother would like Sydney to attend Crestview Elementary this year. Mother has recently obtained a teaching position at Crestview Elementary relates that she thinks that this situation would be a positive influence on Sydney and in Sydney's best interest. f .~ Mother further points out that the Parties and Sydney have had counseling sessions with a psychologist who has opined that Sydney adjusts well to change and that Sydney's well being would be better served by having Sydney enrolled at Crestview Elementary. Furthermore, the psychologist reported that Sydney appears to make friends easily and thrive in general. The psychologist reported that there may be some security for Sydney knowing that her Mother would be in the immediate vicinity. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and entering an Order of Court granting Mother and Father shared legal custody and shared physical custody as outlined in the proposed Order. The Conciliator further recommends that in the event a custody hearing not take place before the beginning of school, Sydney Overmiller be enrolled at Crestview Elementary as it is the Conciliator's belief that this would be in the Child's best interest. It is expected that the Hearing will require one day. 6. -The proposed recommended Order may contain a requirement that the parties file apre-trial memorandum with the Judge to whom the matter has been assigned. Date: August 6,.2007 J J. Mang ,Esquire stody Con 'liator CANDICE A. OVERMILLER, Plaintiff v. STEPHEN J. OVERMILLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 07-3093 CIVIL TERM ORDER OF COURT AND NOW, this 21st day of September, 2007, after hearing in the above-captioned matter, the Court does find that it is in the best interest of the child that she remain enrolled in the Crestview Elementary School. By the Court, Mer e L. Ebert, ., J. Keith Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055 ~ For the Plaintiff 1. ~~S /7Y`1~ Linda A. Clotfelter, Esquire Q!~ 116 7 5021 East Trindle Road, Ste 100 Mechanicsburg, PA 17050 `~-~-~•~,,, For the Defendant pcb ~~ ~ift~kS~~?~~Wi13 ~,~ ~~ ~~ ~ Z ~3S L~1gZ Katie J. Maxwell, Esquire c•' i Attorney I.D. 206018 f ( ~ MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICE5 ' a,.c :l`~ a~ t Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CANDICE A. McCLINTOCK, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COiJNTY, PENNSYLVANIA • 9b93 v. : NO. 07-39" CIVIL TERM STEPHEN J. OVERMILLER : CNIL ACTION - CHILD CUSTODY Defendant/Respondent : PETITION FOR MODIFICATION OF CUSTODY AND NOW, comes the Petitioner, Candace A. McClintock, by and through his attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby files this Petition for Modification of Custody as follows: 1. Petitioner is Candice A. McClintock ("Petitioner"), an adult individual residing at 63 Meade Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. Respondent is Stephen J. Overmiller, an adult individual residing at 11 Scarsdale Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Petitioner and Respondent are the parents of two children, Sydney A. Overmiller, born April 30, 2001, and Chloe J. Overmiller, May 25, 2004 4. A prior Order of Court was entered on August 9, 2007, establishing a three days on three days off, or 2/3/2, schedule between the Mother and Father. A copy of the Order is attached as Exhibit "A." 5. The children attend school at Crestview Elementary, which is part of the Carlisle School District. 6. Over the last few weeks, there have been several incidents in which Respondent has been physically abusive to his daughter, Sydney, as well as verbally abusive and intimidating towards both children. ~ C~ ~aW st s 7. Petitioner wishes to limit Respondent's time with the children unless and until he agrees to attend and complete anger management classes. WHEREFORE, Petitioner, Candace A. McClintock, requests this Honorable Court to schedule custody conciliation to address the above-referenced changes in circumstances. MARTSON LAW OFFICES gy; /"l Katie J. 11, Esquire Attorney . . No. 206018 10 East High Street Carlisle, PA 17013 (717) 243-3341 J~~ Attorneys for Petitioner Candace A. McClintock Date: EXHIBIT "A" -t 4 ~ CANDICE A. OVERMII,LER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVATTIA vs. : No. 07-3093 Civil Term STEPHEN 1. OUERMII.LER, . Defendant : ACTION IN CUSTODY COURT ORDER AND NOW, this ~ day of August, 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. This. Order is entered pursuant to a Custody Co %aLonf onference. A Custody Hsaring is hersbY scheduled on 5~ daY o007 at g:.~l am/p~ ineourdroom number ~ in umberland County Court of Common Pleas, Carlisle, PA 17013. 2. The Iviother,,Candice Overmiller, and the Father, Stephen Overmiller, sha11 enjoy shared legai eustody of Sydney A. Overmiller, born Apri130, 2001 and Chloe J. Overmiller, born May 25., 2004. The parties agree that major non-emergency decisions coricerning the children's health, welfare, education and religion shall be made by.them jointly, after discussion and consulta.tion with the other, with a view toward obtaining and following a harmoniously policy in the children's best interest. 3. The Mother and Father shall shaze physical custody of the Sydney and Chloe Overmiller on a three days on/three da.ys off schedule. In the event that Father's work schedule changes to a twelve hour shift, the parties shall shaze physical custody on a 2/2/3 sChedule. (Eor exaznple, meaning Mother has the children Monday and Tuesday, Father has the children Wednesday and Thursda.y and Mother has Friday through Sunday. The following week Father has Monday and Tuesday and so on.) The times and location for the exchanges are as mutually agreed upon.', 4. Transportation:. TYie non=custodial parent sha11 pick up and transport the children unless the parties mutually agree to some altemative. 5. Mother and Father shall employ appropriate car seats/restraints for the Children during transportation: 6. Telephone contact between Children and the non-custodial parent shall be liberal as agreed upon between the parties. Should the parents not agree on a telephone scheduTe, the custodial parent shall facilitate telephone contact between the non- custodial parent and the Children at 8:30 pm. J• 7. Mother and Father shall not engage in any disparaging langua.ge with the Children that would negativEly affect the Children's love and affection for the otlier parent. To the extent possible, Mother and Father shall not allow any disparaging conversation by third parties regarding the other pazent. 8. Holidays: Holidays shall be as mutually agreed upon by the parties. In the event that the parties can not agree, Christnias in 2007 and in all odd numbered yeazs, the Father shall have custody from 3:00 pm on 12/24 until 12:00 pm on 12/25. The„Mother shall. have custody from noon 12/25 through 3:00 pm 12/26. This scheduTe shall alterriate in even number years. For New Yeaz's eve holiday, the scheclute shall be.identical to that of the Chrisbnas holiday. Mother and Father shall heive custody the Cliildren on their respective days from 9:00 am through 8:00-pm. For.Easter and Thanksgiving, the Father shall have custody of the Children from 8:00 am unti12:00 pm and Mother from 2:00 pm unti18:00 pm in odd years. This shall rotate in even yeazs. The parties shall rotaxe Memorial Day from 9:00 am unti17:30- pm, Fourth of July from 9:00 am until 10:30 pm, or after the fireworks; and LaborDay from 9:00 am unti17:30 pm. Mother shall commence this schedule on Memorial Day 2007. 9. Vaeation: Each party shall ha.ve two weeks vacation (non consecutive), no more thanseven consecutive days. The party seeking said vacation shall give the other party three weeks notice of intentions. 10. In the event of a medical emergency, the custodial pazent shall notify the other parent as soon as practicable after the emergency is handled. 11. Motlier and Father aze directed to continue with their eo-parenting eounseling to address their issues on how to successfully communicate/work with each other so that they can successfully raise their children. BY THE COURT, Distribution: Linda Clotfelter; Esq. ~ Keith Brenrieman, Esq. John J. Mangan, Esq. . , . TPtls :zf mY ~(d . - In To o said - u. t C~ri~s:e, Pe• . end e seat. s C Y . • . Q F u • ' ' Prot ~Y CANDICE A. OVERMILLER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COiINTY, PENNSYLVANIA vs. : No. 07-3093 Civil Term STEPHEN J. OVERMILLER, . Defendant : ACTION IN CUSTODY CONC'II,IA1'ION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH TFiE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE.1915.3-8(B), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation. is as follows: Sydney A. Overmiller, bom April. 30, 2001, currently in the shared physical custody, of Mother and Father Chloe J.: Overmiller, born May 25, 2004, currently in the shared physical custody of Mother and Father. 2. A Conciliation Conference was held on June 18, 2007 and a status update conferenee was held on August 6, 2007 with the following individuals in attendance: ' The Mother, _Candice Overmiller, with her counsel, Keith Brenneman, Esq. The Father, Stephen Overmiller, with his counsel, Linda Clotfelter, Esq. 3. Father's position on custody is as follows: The Parties have essentially come to an agreement in regard to a custody schedule with the unresolved issue of which school district Sydney will attend. Sydney had attended Lower Allen (West Shore sehool district) and then transfened to Letort Elementary for half a year where Mother was employed as an elementary school teacher. Mother. - lias recently obtained a job at Crestview Elementary and Father does not think it is in the Cluld's-best interest to attend yet another school. Father would like Sydney to return to Lower Allen to attend school with children that she is aTready fam.iliar with. Father's position is such that he feels that Sydney should afterid a school that is more of a neutral setting; i.e. that Mother's employment at the same school that Sydney would attend causes too much influence in the whole situation. Father also asserts that Sydney also has established friends in Father's community and school district. 4. Mother's.position is as follows: Mother would like Sydney to attend Crestview Elementary this year. Mother has recently obtained a teaching position at Crestview Elementary relates that she thinks tha.t this situation would be a positive influence on Sydney and in Sydney's best interest. ' Mother further points out that the Parties and Sydney have had counseling sessions with a psychologist who has opined that Sydney adjusts well to change and that Sydney's well being would be better served by having Sydney erirolled at Crestview Elementary. Furthermore, the psychologist reported that Sydney appeazs to make friends.easil--and-thr-ive -iu-geuer-al.--The------ psychologist reported that there may be some security for Sydney knowing that her IVlother would be in the innmediate vicinity. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and entering .an Order of Court granting Mother and Father shared legal custody and shared physical custody as outlined in the proposed Order. The Conciliator further recommends that in the event a custody hearing not take'place before-the beginning of school, Sydney Overmiller be enrolled at Crestview Elementary as it is the Conciliator's belief that tliis would be in the Child's best interest. It is expected that the Hearing will require one day. 6. The proposed recommended-Order may contain a requirement that the parties file.a pre-trial memorandum with the Judge to whom the matter has been assigned. . . . Date: August 6, 2007 J J. Mang Esquire tody Con iliator VERIFICATION The foregoing Petition to Modify Custody is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. , This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. 4 ''Vl,CMdlo~ Candice A. McClintock CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Petition to Modify Custody was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Kara W. Haggerty, Esquire ABOM & KUTULAKIS 2 West High Street Carlisle, PA 17013 MARTSON LAW OFFICES By_ U~ttu4) LA - M~xj . rice Ten Ea High Street Carlisle, PA 17013 (717) 243-3341 Dated: )D/ J CANDICE A. MCCUNTOCK IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2007-3093 CIVIL ACTION LAW rnW r*t o STEPHEN J. OVERMILLER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, November 03, 2011 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at _ 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, December 13, 2011 at 2:30 PM fora Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ ohn . Man an r. Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 1 elephone (717) 249-3166 A I toc/ - 't CepV n " a0 S b l° ??? ? r lac ed i? A /PC? Y /W/i WE CANDICE A. OVERMILLER, N/K/A CANDICE A. McCLINTOCK Plaintiff IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA 2 V. STEPHEN J. OVERMILLER, Defendant Prior Judge: M.L.Ebert, Jr., J. : No. 07-3093 Civil Term ACTION IN CUSTODY COURT ORDER AND NOW, this day of January 2012, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: Legal Custody: The Mother, Candice Overmiller, and the Father, Stephen Overmiller, shall enjoy shared legal custody of Sydney A. Overmiller, born April 30, 2001 and Chloe J. Overmiller, born May 25, 2004. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: The Mother and Father shall share physical custody of the Sydney and Chloe Overmiller on a three days on/three days off schedule. In the event that Father's work schedule changes to a twelve hour shift, the parties shall share physical custody on a 2/2/3 schedule. (For example, meaning Mother has the children Monday and Tuesday, Father has the children Wednesday and Thursday and Mother has Friday through Sunday. The following week Father has Monday and Tuesday and so on.) The times and location for the exchanges are as mutually agreed upon. 3. Transportation for Custody Exchanges: The transportation obligations shall be shared between the parents. The non-custodial parent shall pick up and transport the children unless the parties mutually agree to some alternative. 4. Mother and Father shall employ appropriate car seats/restraints for the Children during transportation. 5. Telephone contact between Children and the non-custodial parent shall be liberal as agreed upon between the parties. Should the parents not agree on a telephone schedule, the custodial parent shall facilitate telephone contact between the non- custodial parent and the Children at 8:30 pm. 6. Mother and Father shall not engage in any disparaging language with the Children that would negatively affect the Children's love and affection for the other parent. To the extent possible, Mother and Father shall not allow any disparaging conversation by third parties regarding the other parent. Additionally, neither party shall say disparaging comments or names about the other parent's significant other/spouse when the Children are present. 7. Holidays: Holidays shall be as mutually agreed upon by the parties. In the event that the parties can not agree, Christmas in 2007 and in all odd numbered years, the Father shall have custody from 3:00 pm on 12/24 until 12:00 pm on 12/25. The Mother shall have custody from noon 12/25 through 3:00 pm 12/26. This schedule shall alternate in even number years. For New Year's eve holiday, the schedule shall be identical to that of the Christmas holiday. Mother and Father shall have custody the Children on their respective days from 9:00 am through 8:00 pm. For Easter and Thanksgiving, the Father shall have custody of the Children from 8:00 am until 2:00 pm and Mother from 2:00 pm until 8:00 pm in odd years. This shall rotate in even years. The parties shall rotate Memorial Day from 9:00 am until 7:30 pm, Fourth of July from 9:00 am until 10:30 pm, or after the fireworks, and Labor Day from 9:00 am until 7:30 pm. Mother shall commence this schedule on Memorial Day 2007. 8. Vacation: Each party shall have two weeks vacation (non consecutive), no more than seven consecutive days. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 9. In the event of a medical emergency, the custodial parent shall notify the other parent as soon as practicable after the emergency is handled. 10. Family Counseling: The parties are directed to engage in therapeutic family counseling (with a focus on co-parenting) with a mutually-agreed upon professional. The parties shall select and contact a counselor within ten days of the instant Order. The parties shall attend at least six sessions and then the parties shall sign releases/authorizations for the counselor to speak to the parties' respective attorneys. The cost of said counseling, after appropriate payment through insurance or employment benefits, shall be split equally between the parties. 11. Individual Counseling: The parties have agreed to engage Sydney in individual counseling with a mutually agreed upon professional and the parties shall adhere to the counselor's recommendations. The cost of said counseling, after appropriate payment through insurance or employment benefits, shall be split equally between the parties. 12. Anger Management: Father has agreed to, and shall, engage in anger management counseling. Father shall contact and set up an appointment within ten days of the instant Order. 13. A status conference is hereby scheduled for March 27, 2012 at 10:00 am with the assigned conciliator at the Court of Common Pleas; the parties and counsel may attend by telephone by request. 14. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control Distribution: ? Katie Maxwell, Esq. Kara Haggerty, Esq. ? John J. Mangan, Esq. dpi eS ma, ,-d 111D/la: ?GD BY THE COURT, rnw =M X:10 u,r r? C C7 2C) --t c_. 0 Q0 Un --I m C) 4c =- 1 C> =; r CANDICE A. OVERMILLER, N/KJA CANDICE A. McCLINTOCK Plaintiff v. STEPHEN J. OVERMILLER, Defendant Prior Judge: M.L.Ebert, Jr., J. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 07-3093 Civil Term : ACTION IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the children who are the subject of this litigation is as follows: Sydney A. Overmiller, born April 30, 2001, currently in the shared physical custody of Mother and Father Chloe J. Overmiller, born May 25, 2004, currently in the shared physical custody of Mother and Father 2. A Conciliation Conference was held on June 18, 2007, a status update conference was held on August 6, 2007, an Order issued August 09, 2007 and a conference was held December 13, 2011 with the following individuals in attendance: The Mother, Candice McClintock, with her counsel, Katie Maxwell, Esq. The Father, Stephen Overmiller, with his counsel, Kara Haggerty, Esq. 3. The parties agreed to and the undersigned recommends the entry of an Order in the form as attached. Date: Z J Mangan, Esq ' e ust dy Conciliator (,-,) a-- CANDICE A. OVERMILLER, N/K/A CANDICE A. McCLINTOCK Plaintiff V. STEPHEN J. OVERMILLER, Defendant Prior Judge: M.L.Ebert, Jr., J. : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-3093 Civil Term ACTION IN CUSTODY COURT ORDER AND NOW, this 30ih day of March 2012, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. Legal Custody: The Mother, Candice McClintock, F/K/A Candice Overmiller, and the Father, Stephen Overmiller, shall enjoy shared legal custody of Sydney A. Overmiller, born April 30, 2001 and Chloe J. Overmiller, born May 25, 2004. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: The Mother and Father shall share physical custody of the Sydney and Chloe Overmiller on a three days on/three days off schedule. In the event that Father's work schedule changes to a twelve hour shift, the parties shall share physical custody on a 2/2/3 schedule. (For example, meaning Mother has the children Monday and Tuesday, Father has the children Wednesday and Thursday and Mother has Friday through Sunday. The following week Father has Monday and Tuesday and so on.) The times and location for the exchanges are as mutually agreed upon. 3. Transportation for Custody Exchanges: The transportation obligations shall be shared between the parents. The non-custodial parent shall pick up and transport the children unless the parties mutually agree to some alternative. 4. Mother and Father shall employ appropriate car seats/restraints for the Children during transportation. 5. Telephone contact between Children and the non-custodial parent shall be liberal as agreed upon between the parties. Should the parents not agree on a telephone schedule, the custodial parent shall facilitate telephone contact between the non- custodial parent and the Children at 8:30 pm. 6. Mother and Father shall not engage in any disparaging language with the Children that would negatively affect the Children's love and affection for the other parent. To the extent possible, Mother and Father shall not allow any disparaging conversation by third parties regarding the other parent. Additionally, neither party shall say disparaging comments or names about the other parent's significant other/spouse when the Children are present. 7. Holidays: Holidays shall be as mutually agreed upon by the parties. In the event that the parties can not agree, Christmas in 2007 and in all odd numbered years, the Father shall have custody from 3:00 pm on 12/24 until 12:00 pm on 12/25. The Mother shall have custody from noon 12/25 through 3:00 pm 12/26. This schedule shall alternate in even number years. For New Year's eve holiday, the schedule shall be identical to that of the Christmas holiday. Mother and Father shall have custody the Children on their respective days from 9:00 am through 8:00 pm. For Easter and Thanksgiving, the Father shall have custody of the Children from 8:00 am until 2:00 pm and Mother from 2:00 pm until 8:00 pm in odd years. This shall rotate in even years. The parties shall rotate Memorial Day from 9:00 am until 7:30 pm, Fourth of July from 9:00 am until 10:30 pm, or after the fireworks, and Labor Day from 9:00 am until 7:30 pm. Mother shall commence this schedule on Memorial Day 2007. Vacation: Each party shall have two weeks vacation (non consecutive), no more than seven consecutive days. The requesting parent shall give the other parent 21 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 9. In the event of a medical emergency, the custodial parent shall notify the other parent as soon as possible after the emergency is handled. 10. Family Counseling: The parties are strongly encouraged to engage in therapeutic family counseling (with a focus on co-parenting) with a mutually-agreed upon professional. The parties shall select and contact a counselor within seven days of the instant Order. An intake appointment shall be conducted within fourteen days of this Order, if possible. The parties shall attend at least six sessions and then the parties shall sign releases/authorizations for the counselor to speak to the parties' respective attorneys. The cost of said counseling, after appropriate payment through insurance or employment benefits, shall be split equally between the parties. It is anticipated that the parties shall discuss with the counselor their desires/concerns about the procurement of the Children's passports. 11. Individual Counseling: The parties have agreed to engage Sydney in individual counseling with a mutually agreed upon professional and the parties shall adhere to the counselor's recommendations. The parties have agreed that Sydney's individual counseling will be set up by the end of March 2012. The cost of said counseling, after appropriate payment through insurance or employment benefits, shall be split equally between the parties. 12. Anger Management: Father has agreed to, and shall, engage in anger management counseling. Father shall contact and set up an appointment within ten days of the instant Order. This class shall be completed no later than the end of April 2012. The fact that Father will/has engaged in anger management classes shall not prejudice his custodial position and may not be used against him. 13. Relocation. The parties are advised that neither party shall hereafter relocate the child or children if such relocation will significantly impair the ability of a non- relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the child/children consents to the proposed relocation or (B) the court approves the proposed relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S. §5337. 14. :A telephonic status conference is hereby scheduled for Tuesday May 29 2012 at 9:00 am. The assigned conciliator will initiate the call. The purpose of the conference is to address the passport issue and the transportation issue. 15. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control BY THE COURT, J. Distribution: Katie Maxwell, Esq. Kara Haggerty, Esq. c.? V John J. Mangan, Esq. :7. r7 ,? I?'o? y?//fi L'c ?es tn , r . - N ) p c.. . D CANDICE A. OVERMILLER, N/K/A CANDICE A. McCLINTOCK Plaintiff v. STEPHEN J. OVERMILLER, Defendant Prior Judge: M.L.Ebert, Jr., J. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No. 07-3093 Civil Term : ACTION IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Sydney A. Overmiller, born April 30, 2001, currently in the shared physical custody of Mother and Father Chloe J. Overmiller, born May 25, 2004, currently in the shared physical custody of Mother and Father 2. A Conciliation Conference was held on June 18, 2007, a status update conference was held on August 6, 2007, an Order issued August 09, 2007, a conference was held December 13, 2011, an Order issued January 10, 2012 and a conference was held March 20, 2012 with the following individuals in attendance: The Mother, Candice McClintock, with her counsel, Katie Maxwell, Esq. The Father, Stephen Overmiller, with his counsel, Kara Haggerty, Esq. 3. The parties agreed to and the undersigned recommends the entry of an Order in the form as attached. Date: JohnX. gan, Esquire Cu ody onciliator CANDICE A. OVERMILLER, N/K/A CANDICE A. McCLINTOCK Plaintiff V. STEPHEN J. OVERMILLER, Defendant Prior Judge: M. L. Ebert, Jr., J. IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No. 07-3093 Civil Term ACTION IN CUSTODY COURT ORDER AND NOW, this I J)0) day of July 2012, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: Legal Custody: The Mother, Candice McClintock, F/K/A Candice Overmiller, and the Father, Stephen Overmiller, shall enjoy shared legal custody of Sydney A. Overmiller, born April 30, 2001 and Chloe J. Overmiller, born May 25, 2004. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: The Mother and Father shall share physical custody of the Sydney and Chloe Overmiller on a three days on/three days off schedule. In the event that :Father's work schedule changes to a twelve hour shift, the parties shall share physical custody on a 2/2/3 schedule. (For example, meaning Mother has the children Monday and Tuesday, Father has the children Wednesday and Thursday and Mother has Friday through Sunday. The following week Father has Monday and Tuesday and so on.) 3. Transportation for Custody Exchanges: When school is out of session for the summer holiday and during extended school vacations, the transportation schedule shall be modified so that the custody exchanges are conducted the night before at 7 pm, instead of at 7 am the following morning, and that transportation is provided by the party receiving the Children. Father will pick up the Children at Mother's house at 7 pm on the last day of her period of custody, and Mother will pick up at Father's house at 7 pm on the last day of his custody. This paragraph may be altered/modified by mutual agreement. 4. Passports: Both parents shall sign all forms required to secure passports for the Children within ten days of the request by either parent. Either party traveling outside of the Commonwealth shall provide the other party with the following travel information seven days in advance of departure: General travel information (ex. Flight number, cruise line and ship name, all destinations, hotel information and phone number), and designated daily time when the non-traveling parent can speak with the Children. Each party will be required to maintain a cell phone plan that will allow them to be reached when traveling abroad. 5. Mother and Father shall employ appropriate car seats/restraints for the Children during transportation. 6. Telephone contact between Children and the non-custodial parent shall be liberal as agreed upon between the parties. Should the parents not agree on a telephone schedule, the custodial parent shall facilitate telephone contact between the non- custodial parent and the Children at 8:30 pm. 7. Mother and Father shall not engage in any disparaging language with the Children that would negatively affect: the Children's love and affection for the other parent. To the extent possible, Mother and Father shall not allow any disparaging conversation by third parties regarding the other parent. Additionally, neither party shall say disparaging comments or names about the other parent's significant other/spouse when the Children are present. 8. Holidays: Holidays shall be as mutually agreed upon by the parties. In the event that the parties can not agree, Christmas in 2007 and in all odd numbered years, the Father shall have custody from 3:00 pm on 12/24 until 12:00 pm on 12/25. The Mother shall have custody from noon 12/25 through 3:00 pm 12/26. This schedule shall alternate in even number years. For New Year's eve holiday, the schedule shall be identical to that of the Christmas holiday. Mother and Father shall have custody the Children on their respective days from 9:00 am through 8:00 pm. For Easter and Thanksgiving, the Father shall have custody of the Children from 8:00 am until 2:00 pm and Mother from 2:00 pm until 8:00 pm in odd years. This shall rotate in even years. The parties shall rotate Memorial Day from 9:00 am until 7:30 pm, Fourth of July from 9:00 am until 10:30 pm, or after the fireworks, and Labor Day from 9:00 am until 7:30 pm. Mother shall commence this schedule on Memorial Day 2007. 9. Vacation: Each party shall have two weeks vacation (non consecutive), no more than seven consecutive days. The requesting parent shall give the other parent 21 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 10. In the event of a medical emergency, the custodial parent shall notify the other parent as soon as possible after the emergency is handled. 11. Family Counseling: The parties are strongly encouraged to engage in therapeutic family counseling (with a focus on co-parenting) with a mutually-agreed upon professional. The parties shall select and contact a counselor within seven days of the instant Order. An intake appointment shall be conducted within fourteen days of this Order, if possible. The parties shall attend at least six sessions and then the parties shall sign releases/authorizations for the counselor to speak to the parties' respective attorneys. The cost of said counseling, after appropriate payment through insurance or employment benefits, shall be split equally between the parties. It is anticipated that the parties shall discuss with the counselor their desires/concerns about the procurement of the Children's passports. 12. Individual Counseling: The parties have agreed to engage Sydney in individual counseling with a mutually agreed upon professional and the parties shall adhere to the counselor's recommendations. The parties have agreed that Sydney's individual counseling will be set up by the end of March 2012. The cost of said counseling, after appropriate payment through insurance or employment benefits, shall be split equally between the parties. 13. Relocation. The parties are advised that neither party shall hereafter relocate the child or children if such relocation will significantly impair the ability of a non- relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the child/children consents to the proposed relocation or (b) the court approves the proposed relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S. §5337. 14. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control Distribution: Katie Maxwell, Esq. Y Kara Haggerty, Esq. John J. Mangan, Esq. Cv?; f+ 7 BY THE COURT V J. "} rs? r-n MM cn Fr; ?. ?._ > 4-0 cn W CANDICE A. OVERMILLER, N/K/A CANDICE A. McCLINTOCK Plaintiff V. STEPHEN J. OVERMILLER, Defendant Prior Judge: M.L. Ebert, Jr., J. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-3093 Civil Term ACTION IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the children who are the subject of this litigation is as follows: Sydney A. Overmiller, born April 30, 2001, currently in the shared physical custody of Mother and Father Chloe J. Overmiller, born May 25, 2004, currently in the shared physical custody of Mother and Father 2. A Conciliation Conference was held on June 18, 2007, a status update conference was held on August 6, 2007, an Order issued August 09, 2007, a conference was held December 13, 2011, an Order issued January 10, 2012, a conference was held March 20, 2012, an Order issued March 30, 2012 and a phone conference was held May 29, 2012 with the following individuals in attendance: The Mother, Candice McClintock, with her counsel, Katie Maxwell, Esq. The Father, Stephen Overmiller, with his counsel, Kara Haggerty, Esq. 3. The parties agreed to and the undersigned recommends the entry of an Order in the form as attached. The undersigned believe the proposed Order is in the Children's best interest. Date: - /'; Jo J. angan, Esquire Cus d Conciliator