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HomeMy WebLinkAbout07-3792JESSICA L. IGNERI, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. CHRISTOPHER M. EMORY , Defendant CIVIL ACTION- LAW :NO.: 01' CIVIL TERM : IN CUSTODY COMPLAINT FOR CUSTODY COMES NOW, the Plaintiff, Jessica L. Igneri, by and through his counsel, Sally J. Winder, Esquire, and does represent as follows: 1. The Plaintiff is Jessica L. Igneri, residing at 9 East Burd Street, Shippensburg, Cumberland County, Pennsylvania. 2. The Defendant is Christopher M. Emory, residing at 305 East Orange Street, Shippensburg, Cumberland County, Pennsylvania, 17257. 3. Plaintiff seeks Primary residential Custody of the following child: Reese H. Igneri, born November 10, 2003 The child was born out of wedlock. The parties were never married. However, Defendant has acknowledged paternity of the child, Reese H. Igneri. The child is presently in the custody of Mother, Plaintiff, who resides at 9 East Burd Street, Shippensburg, Cumberland County, Pennsylvania. During the past five years and since his birth, the child, Reese H. Igneri, has resided with the following persons and at the following addresses: With mother and father at 1863 Johnson Road, Chambersburg, Pennsylvania, from birth until Father purchased the property at 305 East Orange Street, Shippensburg, Pennsylvania. Mother and child moved to the East Orange Street property with Father, where she and the child lived until June 15, 2007. The mother of the child is Jessica L. Igneri, currently residing at 9 East Burd Street, Shippensburg, Cumberland County, Pennsylvania with the child Reese H. Igneri and another adult, Michelle Joyal. The father of the child is Christopher M. Emory, currently residing at 305 East Orange Street, Shippensburg, Pennsylvania. He is the unmarried father of this child and another older child with whom he spends no time and he currently resides with a girlfriend who is the Mother of a one year old child. 4. The relationship of Plaintiff to the child is that of natural mother. The Plaintiff currently resides with the following person(s): Michelle Joyal and Reese H. Igneri and no other persons. She is employed at Amazon.com in Chambersburg, Pennsylvania. She is a single parent who provides for the nurturing and well being of the child. 5. The relationship of Defendant to the child is that of natural father. The Defendant currently resides with the following person(s): a girlfriend named Ashley and her one year old child. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another Court. Plaintiff has no information of a custody proceeding concerning the child filed in a Court of this Commonwealth. Plaintiff does not know of a person not a party to the proceeding who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interests and permanent welfare of the child, will be served by granting the relief requested based upon the following: Mother has been the primary source of the nurturing and care of the child. Mother has paid all the daycare and arranged for care of the child during her work hours because Father refuses to care for the child. Father becomes very angry and argumentative with Mother and has been physically abusive to Mother and the child. Father has charged Mother rent to live at the family residence for the last six months prior to her moving to her present residence. Father has made threats of assaulting and injuring Mother if she files for custody or support. Based upon all of these actions and the behavior of Father, Mother is fearful for the physical well being of herself and the child, Reese H. Igneri. Mother believes that Father is not capable of caring for the child and that it is in the best interest of the child to be in the primary custody of Mother. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests the Court to grant Custody of the child to Mother, subject to reasonable rights of visitation and partial custody in the father. Respectfully submitted, ki ( Sally J. W' er, Esquire Attorney fbf Plaintiff VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: SSICA I ?'{y y t i ? CJ ^? 1 r-3 C= C= N crl c5 q m? ?Q c JESSICA L. IGNERI IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 07-3792 CIVIL ACTION LAW CHRISTOPHER M. EMORY IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, July 02, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, July 16, 2007 _ at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ acqueline M. Verney, Esq. 1) IV Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 !? ,4v ICJ ?' L, " ? no t i.`r?it l o ^C .1 IldJ C- -111P UOZ 01,1-10-031IJ AW 12 Z007 JESSICA L. IGNERI, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-3792 CIVIL ACTION - LAW CHRISTOPHER M. EMORY, . Defendant : IN CUSTODY CHRISTOPHER M. EMORY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-3877 CIVIL ACTION - LAW JESSICA L. IGNERI, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 0774day of * , 2007, upon consideration of the attached Custody Conciliate n is ordered and directed as follows: 1. These cases, at the above captioned dockets, are hereby consolidated. 2. The Mother, Jessica L. Igneri and the Father, Christopher M. Emory, shall have shared legal custody of Reese Harrison Igneri, born November 10, 2003. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 3. Mother shall have primary physical custody of the child. 4. Father shall have the following periods of partial physical custody beginning August 22, 2007: A. Every Wednesday evening from 5:00 p.m. to 8:00 p.m. B. Beginning Sunday, August 26, 2007, four consecutive Sundays from 10:00 a.m. to 7:00 p.m. C. Beginning Friday, September 28, 2007 alternating weekends from Friday at 6:00 p.m. to Monday at 6:00 p.m. 5. Transportation shall be shared such that the receiving party shall transport. 6. Neither party shall do or say anything or permit third parties to do or say anything that may estrange the child from the other party, or injure the opinion of the child as to the other party, or may hamper the free and natural development of the child's love and affection for the other party. 7. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Custody Conciliation Conference is scheduled for Tuesday, October 23, 2007 at 9:30 a.m. J. ccy Oly Winder, Esquire, Counsel for Mother 1 Ferguson, Esquire, Counsel for Father A VINVMA'ST NI f1?1 L I •Z Wd cZ Onn LOOZ r 400 JESSICA L. IGNERI, Plaintiff V. CHRISTOPHER M. EMORY, Defendant CHRISTOPHER M. EMORY, Plaintiff V. JESSICA L. IGNERI, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-3792 CIVIL ACTION - LAW : IN CUSTODY : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-3877 CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Reese Harrison Igneri November 10, 2003 Mother 2. A Conciliation Conference was held in this matter on August 21, 2007, with the following in attendance: the Mother, Jessica L. Igneri, with her counsel, Sally Winder, Esquire and the Father, Christopher M. Emory, with his counsel, Paul M. Ferguson, Esquire. 3 $•ZI -o7 Date The parties agreed to an Order in the form as attached. Jacq line M. Verney, Esquire Custody Conciliator ? ?. OCT 2 32007 JESSICA L. IGNERI, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-3792 CIVIL ACTION - LAW CHRISTOPHER M. EMORY, Defendant : IN CUSTODY CHRISTOPHER M. EMORY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-3877 CIVIL ACTION - LAW JISSICA L. IGNERI, Defendant IN CUSTODY ORDER OF COURT AND NOW, this X day of y , 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated August 27, 2007 is hereby vacated and replaced with the following: 2. The Mother, Jessica L. Igneri and the Father, Christopher M. Emory, shall have shared legal custody of Reese Harrison Igneri, born November 10, 2003. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with -r regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 3. Mother shall have primary physical custody of the child. 4. Father shall have periods of partial physical custody on alternating weekends from Friday at 6:00 p.m. to Monday at 6:00 p.m. 5. Thanksgiving, Christmas and Easter shall be shared as agreed by the parties. 6. Each party shall be entitled to one full week of physical custody in the summer, provided they give the other party 30 days prior notice. 7. Transportation shall be shared such that the receiving party shall transport. 8. Neither party shall do or say anything or permit third parties to do or say anything that may estrange the child from the other party, or injure the opinion of the child as to the other party, or may hamper the free and natural development of the child's love and affection for the other party. 9. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE C RT, Edward E. Guido, J. ccally Winder, Esquire, Counsel for Mother /aul Ferguson, Esquire, Counsel for Father i C I -Z Pld R 1.00 LODZ -]Hi :110 v4l-0 (I?-j JESSICA L. IGNERI, Plaintiff V. CHRISTOPHER M. EMORY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-3792 CIVIL ACTION - LAW : IN CUSTODY CHRISTOPHER M. EMORY, Plaintiff V. JESSICA L. IGNERI, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-3877 CIVIL ACTION - LAW IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Reese Harrison Igneri November 10, 2003 Mother 2. A Conciliation Conference was held in this matter on October 23, 2007, with the following in attendance: the Mother, Jessica L. Igneri, with her counsel, Sally Winder, Esquire and the Father, Christopher M. Emory, with his counsel, Paul M. Ferguson, Esquire. 3. The Honorable Edward E. Guido entered an Order of Court dated August 27, 2007 providing for shared legal custody, Mother having primary physical custody and Father having alternating weekends. 4. The parties agreed to an Order in the form as attached. ??-z307 I-? Date cqu ine M. Verney, Esquire Custody Conciliator JESSICA L. IGNERI, Plaintiff/Respondent V. CHRISTOPHER M. EMORY, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW NO. 2007 - 3792 CIVIL TERM :CUSTODY PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF CUSTODY ORDER 1 2. 3. 4. 5. 6. Defendant/Petitioner, Christopher Emory, a sui juris adult, hereinafter "Father," presently resides at 305 East Orange Street, Shippensburg, Cumberland County, Pennsylvania. Plaintiff/Respondent, Jessica L. Igneri, a sui juris adult, hereinafter "Mother," is believed to reside presently at 9 East Burd Street, Shippensburg, Cumberland County, Pennsylvania. The parties are the natural parents of one child: Reese H. Igneri, hereinafter "child," born November 10, 2003. The instant action began when Mother filed a Complaint for Custody in June 2007. The parties attended a conciliation conference on or about October 23, 2007, and an Order was entered on October 25, 2007. Essentially, this Order provides Mother with primary physical custody of the child, subject to Father's periods of physical custody on alternating weekends from Friday at 6:00 p.m. to Monday at 6:00 p.m. A copy of the October 25, 2007 Custody Order is attached hereto and incorporated herein as Exhibit "A." Over the past few months, Father has experienced increasing difficulty in obtaining custody of the child to begin his alternating weekends as prescribed by the October 25, 2007 Order. 7. Recently, Mother has made it a practice to refuse to allow Father to pick the child up at 6:00 p.m. as prescribed by the October 25, 2007 Order. 8. As a result, Father does not obtain custody of the child until sometime between 6:30 p.m. and 7:00 p.m. 9. Father is often forced to wait at his residence because Mother tells Father not to pick up the child until between 6:30 or 7:00 p.m., or Father is forced to wait at Mother's residence until 6:30 p.m. or 7:00 p.m. before Mother will release the child to Father. 10. Father has repeatedly asked Mother to follow the Order of Court in this matter, but Mother consistently refuses. 11. The October 25, 2007 Order also contains a provision prohibiting the parties from directing disparaging remarks against the other party or allowing third parties to do so. 12. Mother's paramour, Michelle Joyal, tells Father repeatedly that he is a "piece of s* * * Father" in the presence of the child. 13. Ms. Joyal also makes numerous other disparaging remarks about Father in the presence of the child. 14. Finally, the October 25, 2007 Order requires the parties to share the holidays of Thanksgiving, Christmas and Easter as the parties agree. 15. Mother refused to share the holidays of Easter in 2008 and Thanksgiving in 2007 with Father because Mother went out of town during these holidays. As a result, Father was not able to exercise physical custody of the child during these holidays. 16. As a result of Mother's willful disregard of the October 25, 2007 Order, Father is obligated to pursue the present Petition for Contempt. Mother should be responsible for payment of Father's attorney's fees associated with these proceedings which were necessitated by Mother's willful refusal to abide by the terms of the Court's Order. 19. Father believes Mother is presently represented by Sally Winder, Esquire. Therefore, a copy of this Petition for Contempt was provided to Attorney Winder concurrently with the filing of this petition. It is believed that Mother does not concur with the relief requested herein. WHEREFORE, Defendant/Petitioner respectfully requests this Honorable Court hold Plaintiff/Respondent, Jessica L. Igneri, in contempt of Court, obligate Respondent to comply with the Court's Order with the threat of sanctions, compensate Petitioner for his attorney's fees and order such other relief as the Court deems appropriate. Respectfully submitted, Neuharth Law Offices Paul M. Ferguson Supreme Ct. ID #: 203293 Attorney for Defendant/Petitioner 232 Lincoln Way East P.O. Box 359 Chambersburg, PA 17201 (717) 264-2939 VERIFICATION I verify that the statements made in this document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: q -Zf -08 r Chris op er M. Emory EXHIBIT A OCT 2 3 2007 JESSICA L. IGNERI, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-3792 CIVIL ACTION - LAW CHRISTOPHER M. EMORY, Defendant IN CUSTODY CHRISTOPHER M. EMORY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-3877 CIVIL ACTION - LAW JISSICA L. IGNERI, Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of , 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated August 27, 2007 is hereby vacated and replaced with the following: 2. The Mother, Jessica L. Igneri and the Father, Christopher M. Emory, shall have shared legal custody of Reese Harrison Igneri, born November 10, 2003. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school. records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. Mother shall have primary physical custody of the child. 4. Father shall have periods of partial physical custody on alternating weekends from Friday at 6:00 p.m. to Monday at 6:00 p.m. 5. Thanksgiving, Christmas and Easter shall be shared as agreed by the parties. 6. Each party shall be entitled to one full week of physical custody in the summer, provided they give the other party 30 days prior notice. 7. Transportation shall be shared such that the receiving party shall transport. 8. Neither party shall do or say anything or permit third parties to do or say anything that may estrange the child from the other party, or injure the opinion of the child as to the other parry, or may hamper the free and natural development of the child's love and affection for the other party. 9. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. i BY THE C T, Edward E. Guido, cc: Sally Winder, Esquire, Counsel for Mother Paul Ferguson, Esquire, Counsel for Father TRUE COPY in Testimony whereof, 4ae f s d da J. FROM RECORD I here unto set my and curt rli le; Pa. of ??,, .................., f\, L-I JESSICA L. IGNERI, Plaintiff V. CHRISTOPHER M. EMORY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-3792 CIVIL ACTION - LAW IN CUSTODY CHRISTOPHER M. EMORY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-3877 CIVIL ACTION - LAW JESSICA L. IGNERI, Defendant : IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME Reese Harrison Igneri DATE OF BIRTH CURRENTLY IN CUSTODY OF November 10, 2003 Mother 2. A Conciliation Conference was held in this matter on October 23, 2007, with the following in attendance: the Mother, Jessica L. Igneri, with her counsel, Sally Winder, Esquire and the Father, Christopher M. Emory, with his counsel, Paul M. Ferguson, Esquire. 3. The Honorable Edward E. Guido entered an Order of Court dated August 27, 2007 providing for shared legal custody, Mother having primary physical custody and Father having alternating weekends. 4. The parties agreed to an Order in the form as attached. ?j Date 4 cqu ine M. Verney, Esquire Custody Conciliator JESSICA L. IGNERI, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW CHRISTOPHER M. EMORY, NO. 2007 - 3792 CIVIL TERM Defendant/Petitioner :CUSTODY CERTIFICATION OF SERVICE I, Paul M. Ferguson, hereby certify that I am on this day serving a true and correct copy of the attached Petition for Civil Contempt for Disobedience of Custody Order to the following individual by First Class U.S. mail, postage prepaid addressed as follows: Sally J. Winder, Esquire (Attorney for Plaintiff/Respondent) 9974 Molly Pitcher Highway Shippensburg, PA 17275 Respectfully submitted, ®% 30 oQ Da Paul M. Ferguson Attorney for Defendant/Petitioner Supreme Ct. ID#: 203293 Neuharth Law Offices 232 Lincoln Way East P.O. Box 359 Chambersburg, PA 17201 (717) 264-2939 "6oO .... r `r s c? F. JESSICA L. IGNERI IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. CHRISTOPHER M. EMORY INTENDANT 2007-3792 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday„ May 02, 2008 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse Carlisle on Monday, June 02, 2008 at 10:30 AM .... ..... - _ ............ .._ ....... -._. .........- for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Jacqueline M. Verney, Esq. ,) yyi Custody Conciliator I 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 5 `--2 (7 e? c r ,si 3 I 'A 'JUN 0 5 2008 0V JESSICA L. IGNERI, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-3792 CIVIL ACTION - LAW CHRISTOPHER M. EMORY, . Defendant : IN CUSTODY ORDER OF COURT "Mmmo. AND NOW, this day of Lla Me- , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. Father's Petition for Contempt is withdrawn. 2. The prior Order of Court dated October 25, 2007 shall remain in full force and effect with the following modifications and additions. 3. The parties shall cooperate with counseling for the child. 4. Paragraph 5 of the October 25, 2007 Order of Court is hereby deleted and replaced with the following: A. Thanksgiving shall be alternated among the parties with Father having even numbered years and Mother having odd numbered years. B. Christmas shall be divided into two Blocks. Block A shall be from 12:00 noon Christmas Eve to 12:00 noon Christmas Day. Block B shall be from 12:00 noon Christmas Day to 12:00 noon December 26. Mother shall have Block A in even numbered years and Block B in odd numbered years. Father shall have Block A in odd numbered years and Block B in even numbered years. C. Easter shall be alternated with Mother having odd numbered years and Father having even numbered years. 5. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: Paul Ferguson, Esquire Counsel for Father Aessica L. Igneri, pro se 9 East Burd Street Shippensburg, PA 17257 dc? I'ez ma;6L L/4/o8 VINV/1uS' 3f SZ : f 1 WV 6- Nilf IWIW i-{J:( d 3Ht .40 Aw JUN 0 b 2008 JESSICA L. IGNERI, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-3792 CIVIL ACTION - LAW CHRISTOPHER M. EMORY, . Defendant : IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Reese Harrison Igneri November 10, 2003 Mother 2. A Conciliation Conference was held in this matter on June 2, 2008, with the following in attendance: the Father, Christopher M. Emory, with his counsel, Paul M. Ferguson, Esquire and the Mother, Jessica L. Igneri, pro se. 3. The Honorable Edward E. Guido entered an Order of Court dated October 25, 2007 providing for shared legal custody, Mother having primary physical custody and Father having alternating weekends, Friday to Monday. 4. Father filed for Contempt alleging that Mother had not been turning over the child in a timely manner for his periods of custody. Father agreed to withdraw his Petition for Contempt. 5. The parties agreed to an Order in the form as attached. Date ac eline M. Verney, Esquire 44 Custody Conciliator OM & &U UI AKIS Michelle L. Sommer, Esquire Attorney LD. #.• 93034 1 West High Street Carlisle, PA 17013 (717) 249-0900 JESSICA L. IGNERI, Plaintiff/Petitioner v. zrn c ?? =fc _C-3 N C --q t J7 IN THE COURT OF COMMON PLEAS - CUMBERLAND COUNTY, PENNSYLV ANI A NO. 2007-3792 CIVIL TERM CHRISTOPHER M. EMORY, CIVIL ACTION - LAW Defendant/Respondent IN CUSTODY AND NOW, comes the Petitioner, JESSICA L. IGNERI, by and through her attorney, Michelle L. Sommer, Esquire, of ABOM & KUTULAKIS, L.L.P., and respectfully petitions for modification of custody, and in support thereof avers the following: 1. Petitioner is Jessica L. Igneri, Plaintiff/Petitioner (hereinafter referred to as "Mother"), who currently resides at 5209 Lockaber Avenue, Franklin County, Pennsylvania and is represented by Michelle L. Sommer, Esquire, of Abom & Kutulakis, L.L.P. 2. Respondent is Christopher M. Emory, Defendant/Respondent (hereinafter referred to as "Father"), who currently resides at 305 East Orange Street, Shippensburg, Cumberland County, Pennsylvania. 3. On or about October 25, 2007, the Honorable Edward Guido issued an Order of the Court, wherein the parties share legal custody of Reese Harrison Igneri (hereinafter referred to as "Child"). Mother was given primary physical custody of i'10.00 Pb AT 'Y e#a??cosq the Child and Father was given partial physical custody of the child on alternating weekends from Friday at 6:00 p.m. until Monday at 6:00 p.m., as set forth in the Order hereto and made a part hereof marked as "Exhibit A". 4. Paragraphs one (1) through four (3) of this Complaint are incorporated herein by reference as though set forth in full. 5. This Agreement should be modified because: a. Father at the time of the Order was unemployed and Child was four (4) years old and not attending school. b. Father is no longer home on Monday's to watch the Child because he is at work. c. Mother would prefer Father's custody begin on Fridays at 6:00 p.m. until Sundays at 6:00 p.m. since the child is now in school and Father is employed full-time. d. Mother has enrolled the Child in a YMCA day camp for the summer and the daily structure and the activity camp offers is necessary for the child due to his Asperger's Syndrome. i. Based on the current custody schedule, Father refuses to take the Child to camp on Monday's at the YMCA and instead leaves the child with his wife. 1. Mother is concerned by the lack of structure on Mondays at Father's home and the fact that this take the child out of his current routine at the Camp. 2. Mother is concerned with Father's unwillingness to recognize the benefits associated with the constant routine and structure needed for the Child. 3. Mother believes that the Child is currently excelling at the program at the YMCA; in fact, there are days where the Child does not need to take his medicine for his Asperger's Syndrome as the daily routine and structure at the camp are helping to keep him calm and relaxed. e. Further, the Court Order does not provide a scheduled time for custody exchanges on Thanksgiving or Easter. i. Mother wishes to continue to alternate these holidays; however, she wishes to add specific times for these holidays exchanges from 9:00 a.m. to 5:00 p.m. for each holiday. f. Currently, the order does not address Mother's Day or Father's Day in the Court Order. i. As a result; if Mother's Day falls on Father's weekend Father currently refuses to allow Mother to spend Mother's Day with the Child. ii. Therefore, Mother would like to add Mother's Day and Father's Day to their existing Court Order. iii. Mother would like a holiday schedule allowing each parent to have the child on their respective holiday from 9:00 a.m. until 5:00 p.m. 6. Mother attempted to address all the issue in their existing Court Order with Father; however, Father has been uncooperative and unresponsive to her requests. WHEREFORE, the Petitioner respectfully requests that this Court modify the existing Order to accommodate the Child's school schedule and Mother's additional holiday requests. Respectfully submitted, ABom & KUTULA"s, L.L.P. hA /A ft) IK DATE - - l -, kwYO-0 G I %k A JAXAV.9-A Michelle L. Somme, Esquire Supreme Court ID 93034 2 West High Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Petitioner/Plaintff I, Jessica L. Igneri, verify that the statements made in this Petition for Modification of Custody are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date O CT 2 3-2007 JESSICA L. IGNERI, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-3792 CIVIL ACTION - LAW CHRISTOPHER M. EMORY, . Defendant : IN CUSTODY CHRISTOPHER M. EMORI', : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-3877 CIVIL ACTION - LAW JISSICA L. IGNERI, Defendant IN CUSTODY ORDER OF COURT AND NOW this day oft) 41;6 , 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated August 27, 2007 is hereby vacated and replaced with the following: 2. The Mother, Jessica L. Igneri and the Father, Christopher M. Emory, shall have shared legal custody of Reese Harrison Igneri, born November 10, 2003. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with EXHIBIT 1 t regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. Mother shall have primary physical custody of the child. 4. Father shall have periods of partial physical custody on alternating weekends from Friday at 6:00 p.m. to Monday at 6:00 p.m. 5. Thanksgiving, Christmas and Easter shall be shared as agreed by the parties. 6. Each party shall be entitled to one full week of physical custody in the summer, provided they give the other party 30 days prior notice. 7. Transportation shall be shared such that the receiving party shall transport. 8. Neither party shall do or say anything or permit third parties to do or say anything that may estrange the child from the other party, or injure the opinion of the child as to the other party, or may hamper the free and natural development of the child's love and affection for the other party. 9. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE C RT, Edward E. Guido, J. cc: Sally Winder, Esquire, Counsel for Mother Paul Ferguson, Esquire, Counsel for Father TRUE COPY FROM RECORD s . oy whereof, I here unto set my hand sLT' enal #f said C urt at list,, Pa. T --- -3a. day of... JESSICA L. IGNERI, Plaintiff V. CHRISTOPHER M. EMORY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-3792 CIVIL ACTION - LAW IN CUSTODY CHRISTOPHER M. EMORY, Plaintiff V. JESSICA L. IGNERI, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-3877 CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Reese Harrison Igneri November 10, 2003 Mother . 2. A Conciliation Conference was held in this matter on October 23, 2007, with the following in attendance: the Mother, Jessica L. Igneri, with her counsel, Sally Winder, Esquire and the Father, Christopher M. Emory, with his counsel, Paul M. Ferguson, Esquire. 3. The Honorable Edward E. Guido entered an Order of Court dated August 27, 2007 providing for shared legal custody, Mother having primary physical custody and Father having alternating weekends. 4. The parties agreed to an Order in the form as attached. Date U,acqueline M. Verney, Esquire J Custody Conciliator AND NOW, this 11th day of July 2011, I, Michelle L. Sommer, Esquire, of Abom & Kutulakis, L.L.P., hereby certify that I did serve a true and correct copy of the foregoing Petition for Modification of Custody, upon the Plaintiff by depositing, or causing to be deposited, same in the United States Mail,, postage prepaid addressed to the following: Christopher M. Emory 305 East Orange Street Shippensburg, PA 17257 Pro Se Rerpondentl Defendant Respectfully submitted, Abom & Kutulakis, L.L.P. 1 Michelle L. Somme , Esquire Attorney ID No. 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney for the Petitionerl Plaint f JESSICA L. IGNERI IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA N ?. 2007-3792 CIVIL ACTION LAWS r O CHRISTOPHER M. EMORY r-- CO , ?' IN CUSTODY -v - I)EFF,NDANT N [ ORDER OF COURT AND NOW, _ Friday, July 15, 2011 , upon consideration of the attached Com plaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, August 10, 2011 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ? jacgueline M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street ( ee/ C/00 ,0 A ? Rc y / Carlisle, Pennsylvania 17013 SO/1?/1'1 Telephone (717) 249-3166 7 11 C 7 g.t, C,- JESSICA L. IGNERI Plaintiff V. CHRISTOPHER M. EMORY Defendant. IN THE COURT OF COMMON PLErr,' CUMBERLAND COUNTY, PENNSY 1NfA NO. 2007-3792 CIVIL ACTION - R, IN CUSTODY COUNTER-PETITION FOR MODIFICATION OF CUSTODY AND NOW comes the Petition, Christopher M. Emory, by and through his attorney, John F. King, Esq., Counter-Petition for Modification of Custody and Support thereof, avers the following: 1. Petitioner is Christopher M. Emory, hereinafter referred to as "Father", who currently resides at 305 East Orange Street, Shippensburg, Cumberland County, Pennsylvania. 2. The Respondent is Jessica L. Igneri, hereinafter referred to as "Mother", who currently resides at 5209 Lockaber Avenue, Franklin County, Pennsylvania, and who is represented by Michelle M. Sommer, Esq., of Abom & Kutulakis, LLP. 3. On or about October 25, 2007, the Honorable Edward Guido issued an Order of Court wherein the parties share legal custody of Reese Harrison Igneri,hereinafter referred to as "Child". A copy of the Order is attached hereto and marked as Exhibit A. 4. On July 11, 2011, Mother filed a Petition for Modification of Custody. A copy of the Petition is attached hereto and marked as Exhibit B. 5. The Order should be modified because: A. The parents' homes are in close proximity and Mother has been further informed that Father intends to relocate to a relocation approximately five minutes from his present residence. B. Father believes, and therefore avers, that it would be in the best interest of the subject minor child to spend more time with Father, and Father's other children. Dated: August +, 2011 Respectfully submitted, JOHN F. KING LAW, P.C. By. John F. King, Esq. 4076 Market Street Camp Hill, PA 17011 (717) 695-2222 Attorney for Father VERIFICATION I, Christopher Emory, hereby acknowledge that I am the Counter Petitioner in the foregoing action; that I have read the foregoing Counterclaim; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Chri phe mory Dated: August _?__, 2011 JESSICA L. IGNERI PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 2007-3792 CIVIL ACTION LAW _ CHRISTOPHER M. EMORY ?m f - r?n--- IN CUSTODY r a{ , DEFENDANT uric - ' ORDER OF COURT d==-' "" ' AND NOW, Friday, July 15, 2011 upon consideration of the attached Complaffit it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, August 10, 2011 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporarv or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ac ueline M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 RT OF CONNON NV ANIA IN TH ECgI, U D COUINTY' PEN ER1, CLIMB JESSICA IJ. IGN ?- CNIl-TERM Pl?ntiff/Petitioner NO 2007-392 ACTION -LAW V. CIVIL EMORY' .1N CUSTO M. DY CHRISTOPHER ondent T Defendant/Resp directed that laint? it is hereby ,the attached Comp he day of the on t h D co counsel before At Suc Nqw- upon counsel appear Conference' be Hearing Custody or if this cannot d their respective the parties an to for a pre- dispute; e issues d to rnentry of a Conciliator, at 20117 at resolve th eard by the Courts an e made to be h rovide grounds f of effort will b the issues to cOnference, an define and narro a at the conference may P complished' to Failure to al'p isting protection ac orary order. and all ex temp or permanent order. any an the conciliator 48 temporary parties to furnish orders to directs theOprders, and Custody Court hereby ecial Relief The froth Abuse Orders, eduled Flearing• hours Prior to the sch -BY THE COURT to comply sed by law County is requ utnberland form adore about accessib be o e the of C urs Court of Gonunon eSSAct of 1990. FOr ud a]s having business prior to i l72 hO The Disab available to disabled ade at east ust be m gith nth the Americans `rn odations eats rn the scheduled conference or ona accomn1 office. Ae ?geYou must attend and reas oua blcontact our th I court please ess before ONCE- R AT OR °r busul OUR Lp,?YE EGO TO any hea-rang Y HIS pApER TO OT AFFORD ON, T WHERE hearing OW O D OU YOU SHOULD 'I AKE TDER ORRCANN -BF L T FIN YOU DO NoT HE FFICE SET FO TELECAN GE LEGAL- HELP• COUNTY BAR ASSOCIATION YOIJ AND COUN FORD CUMBER 32, SOUTH BED 17013 CARLISLE, P 17010-9108 (717) 249-3166 OR e ONL ? S Ui "iA l,. Sommer. Esquire Nlie 9ttorne7lc #. 93034 v /.D. 3 wcst High Street Carlisle. FA 1, (717) 749-0900 L. IGNERI, JESSICA Plaintiff /p etitioner v. pHER Ni. EMORY, CHRIST O ondent f ndant/Resp CD , ,7q -1 ricu T?1 rl G F F COMM ON PLEAS IN THE COED oUNTY, GUMBERL N P O. 2007-3792 CIVIL TERM CIVIL ACTION - LAW IN CUSTOD De e and through her I IGN ERI, by P ITI Petitioner JESSICA L. ectfully AND NOVI come 's the BOM & KUTU?yjS' LL.P•, and resp Michelle L. Sommer, Esq'?e' of A Ott thereof avers the following attorney, as of custody, and in supp referred to for modefication ri plainaff/Petitioner (hereinafter petitions I Petitioner is essica I-• gne 5209 Lockaber Avenue, Franklin county, J 1 at u S "Mother"), whO CurreTitly reSlde M 1 Michelle L. Sommer, Esquire, of Abom p ennsyly aria and is represented by Kutulakis, L•L•P efendant/Respondent (hereinafter 2 Respondent ristopher M• Emote' D 5 East Orange Street, is Ch resides at 30 who currently referred to as "Farmer ?, Cumberland County, Pennsylvasva. Edward Guido issued an Order of Shippensburg, 2007, the Honorable E or about October 25, custody of Reese Harrison Igr,eri of 3. On the parries share legal Court, wherein ven pear' physical custody the Mother was (hereinafter referred to as "Chdd„? al custody of the child on alternating iven partial physic e Child and Father was g at 6:00 p.m•, as set forth in th d1e m. until Monday weekends from Friday at 6:00 p hereof marked as "Exhibit A" order hereto and made a art. I d herein by t are incorporate through four (3) of this Complain paragraphs one (1) set f ference as though orth in ED. re because' ent should be modified b Child was four (4) 5• This Agreem of the Order was unemployed and a Father at the time of attending school. he is at years old and n watch the Child because r is no longer home on Monday's to b, Fathe s at 6:00 'P-m- until • Friday work. Father's custody begin on Father is c Mother would prefer is now in school and s at 6:00 p•n-i• since the Sunday child employed full-time. da camp for the suer and has enrolled the Child in a YMCA Y ffers is necessary for the child Mother ha d Ostructure and the activity camp ° the d Y er's SYn?°me• Child due to his Asperg e Father refuses to take the d on the current custody schedul , i. Base and instead leaves the child with on Monday's at the YMCA an to camp his wife' 4 the lack of structure on Mondays at 1. Mother is concerned by take the child out of his Father's home and the fact that this current routine at the Camp With Father's unwillingness to recognize ? Mother is concerned w e and structure the benefits associated with the constant rout in needed for the Child at the s that the Child is currently excelling 3 Mother believe ,here the Child at the YMCA; in fact, there are days program r's Syndrome of need to take his m_dicin, for his Asperge does n are helping to day routine and structure at the camp as the keep him cal, and relaxed. e. d time for custody ovide a schedule Further, the Court Order does not pr exchanges °n Thanksgiving or Easter. alternate these holidays; however, she to 9:00 wishes to continue olidays exch from i Mother anges es for these h j,,,ishes to add specific vsn to 5:00 P.M. for each holiday in the a•m• or Father's Day £ Currently, the order does not address Mother's Day court order. weekend Father currently result; if Mothers Day falls on Father's i As a the child. ?, Mother to spend Mower's Day with refuses to allo other's Day and Father's Day to u. Therefore, Mother would like to add M their existing Court order. schedule allowing each parent to have the Mother would like a holiday .m• until 5:00 p•n1• child on their respectwe holiday from 9:00 a issue in their existing court Or 6 Mother attempted der with Father; to address all the en uncooperative and unresponsive to her requests. however, Father has be respectfully requests that this Court modify the WHEREFOREthe petitioner er's additional holiday date the Chtld's school schedule and Moth existing order to accommo requests. DATE' J 1 L t Respectfully submitted, ABOM & KUTULAvs, L.L.P. 1 11 rr { Michelle L. Somme Esquire Supreme Court ID 93034 2 West High Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorn y for Petitionerl Plaintiff RI, AT etition for Modification of made in this P 1gneri, verify that the statements I, r tznnwledge, information, and belief. I essica L.• and correct to the best 4904 Custody are tru the enalties of 18 Pa.GS. g statements herein are made subject to th P understand that false to uns?vorn falsification to authorities relating . l Date `? T COURT OF COMMO M1. SY07A;eIA PL- -,q- A L. IG UI?' CUTI ERLAND COUNTY JE?.??.C N - L A? Plaintiff CIVIL ACTI® NO.200 V. EMORY' IN CUSTODY CHRISTOPII DR Defendant T OF COMMON PLEA?7OF R : IN THE BE CO RL AND COUNT', PENNSY ER M- EMORY , CHRISTOPH CU M Plaintiff I,Aw N0.2007-3877 CIVIL ACTION - V. IISSICA L• IGNVU, : IN CUSTODY Defendant ®R DER OF COURT '` 2007, upon directe day °f ort, it is ordered and 5 AND d as NOW, this Custody Conciliation Rep ed Cust ach consideration of the att vacated and follows _oust 27, 2007 is hereby he prior Order of Court dated Aux 1. T sl1all with the following' Christopher M. Emory, replaced d the Father, 2003. Each 3essica L. Ib en an rlovember 10, make all The Mother, son lgneri, born anent to , Of Reese Hann jointly with the other p at custody including, but have shared legal equal right, to be exerci the sed Child s general well-beincn pursuant to the . parent shall have an education and religion- d information major non-emergency decisions affecting, o each parent shall beentitled i gall recor s an ne anent not limited to, all decisions rem dental, religious or school n S. 5309, limited tom anent. To the extent o terms of 23 Pa-C' § wired to share perta. ing to the child including, but not that parent shall be req aloe esidence address of the childoanaton ' such tother hat par SOnab records, the r such records or m session of any le time as to m anent within r parent. Both parents shall be has POs with the other P a meetings or copies thereof, lanninb the same' of reasonable use to the edicallPtreatment p Each parent shall be entitled to full and the records and information o full Pal t'CiPation in all ed lrio 10lhild and m authority and cop oies entitled t a,,xd to them dentist, teacher or birth and evaluations with reg an}, physician , medical records, each re fete inf given to ormati them on from , but not limited to: Additionall} comp as parents including, ort cards. - Jith iices which come from schoo ? . school or educational attendance recor s or r certificates, parent shall be entitled to receive C°P es of any not (T EXHIB vv? re(-,ard to sehooi pictures. extracurricular activities. children's parties. u?asical presentations, back-to-school nights, and the like. Mother shall have primary physical custody of the child. 4. Father shall have periods of partial physical custody on alternating weekends from Friday at 6:00 p.m. to Monday at 6:00 p.m. 5. Thanksgiving, Christmas and Easter shall be shared as agreed by the parties. Each party shall be entitled to one full week of physical custody in the summer, provided they give the other party 30 days prior notice. 7. Transportation shall be shared such that the receiving party shall transport. 8. Neither party, shall do or say anything or permit third parties to do or say anything that may estrange the child from the other- party, or injure the opinion of the child as to the other party, or may hamper the free and natural development of the child's love and affection for the other party. 9. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent.. In the absence of mutual consent, the terms of this Order shall control. BY THE Edward E. Guido, J. cc: Sally Winder; Esquire, Counsel for Mother Paul Ferguson, Esquire. Counsel for Father TRUE COPY In Tes ' ony whereof, and teal of said Cs FROM RECORD I here unto set my hand iurt at iisf , Pa. of....?....., J'ESSIC.A L. IGNERI. Plaintiff V. CHRISTOPHER M. EMORY, Defendant CHRISTOPHER M. EMORY, Plaintiff V. JESSICA L. IGNERI, Defendant IN THE COURT OF CO'v1J'N40-N' PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-3792 CIVIL ACTION - LAW IN CUSTODY : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-3877 CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-£, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Reese Harrison Igneri November 10, 2003 Mother 2. A Conciliation Conference was held in, this matter on October 23, 2007, with the following in attendance: the Mother, Jessica L. Igneri, with her counsel, Sally Winder, Esquire and the Father, Christopher M. Emory, with his counsel, Paul M. Ferguson, Esquire. 1. The Honorable Edward E. Guido entered an Order of Court dated August 27, 2007 providing for shared legal custody, Mother having primary physical custody and Father having alternating weekends. 4. The parties agreed to an Order in the form as attached. 2- 3 7 Date lTacqueline M. Verney. Esquire Custody Conciliator CERTIFICATE OF RVI E AND NOW, this 11th day of July 2011, I, Michelle L. Sommer, Esquire, of Abom & Kutulakis, L.L.P., hereby certify that I did serve a true and correct copy of the foregoing Petition for Modification of Custody, upon the Plaintiff by depositing, or causing to be deposited, same in the United States Mail, , postage prepaid addressed to the following: Christopher M. Emory 305 East Orange Street Shippensburg, PA 17257 Pro Se Rerpondent/Defendant Respectfully submitted, Abom & Kutulakrs, L.L.P. Michelle L. Somme , Esquire Attorney ID No. 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney for the Petitioner/Plaintiff 0 T 2 0 2007 JESSICA L. IGNERI, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-3792 CIVIL ACTION - LAW CHRISTOPHER M. EMORY, . Defendant : IN CUSTODY CHRISTOPHER M. EMORY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-3877 CIVIL ACTION - LAW JISSICA L. IGNERI, Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated August 27, 2007 is hereby vacated and replaced with the following: 2. The Mother, Jessica L. Igneri and the Father, Christopher M. Emory, shall have shared legal custody of Reese Harrison Igneri, born November 10, 2003. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. Mother shall have primary physical custody of the child. 4. Father shall have periods of partial physical custody on alternating weekends from Friday at 6:00 p.m. to Monday at 6:00 p.m. 5. Thanksgiving, Christmas and Easter shall be shared as agreed by the parties. 6. Each party shall be entitled to one full week of physical custody in the sunLmer, provided they give the oth, r party 0 days prior notice. 7. Transportation shall be shared such that the receiving party shall transport. 8. Neither party shall do or say anything or permit third parties to do or say anything that may estrange the child from the other party, or injure the opinion of the child as to the other party, or may hamper the free and natural development of the child's love and affection for the other party. 9. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE C ; RT, Edward E. Guido, cc: Sally Winder, Esquire, Counsel for Mother Paul Ferguson, Esquire, Counsel for Father TRUE. COPY T ... 3Q ..J. in Testimony whereof, an a sea] of n.sad FROM RECORD I here unto set my hand lie ; Pa. / ...................'.e .-i )U11 of. JESSICA L. IGNERI, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-3792 CIVIL ACTION - LAW CHRISTOPHER M. EMORY, . Defendant : IN CUSTODY CHRISTOPHER M. EMORY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-3877 CIVIL ACTION - LAW JESSICA L. IGNERI, Defendant : IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME Reese Harrison Igneri DATE OF BIRTH CURRENTLY IN CUSTODY OF November 10, 2003 Mother 2. A Conciliation Conference was held in this matter on October 23, 2007, with the following in attendance: the Mother, Jessica L. Igneri, with her counsel, Sally Winder, Esquire and the Father, Christopher M. Emory, with his counsel, Paul M. Ferguson, Esquire. 3. The Honorable Edward E. Guido entered an Order of Court dated August 27, 2007 providing for shared legal custody, Mother having primary physical custody and Father having alternating weekends. 4. The parties agreed to an Order in the form as attached. z 3-o 7??w? j . h Date JLqu dine M. Verney, Esquire Custody Conciliator i Juk 0 5? 2DOF! lt'?l JESSICA L. IGNERI, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-3792 CIVIL ACTION - LAW CHRISTOPHER M. EMORY, . Defendant : IN CUSTODY ORDER OF COURT AND NOW, this _ Fr4 day of LIU ME , 2008, upon. consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: Father's Petition for Contempt is withdrawn. 2. The prior Order of Court dated October 25, 2007 shall remain in full force and effect with the following modifications and additions. 3. The parties shall cooperate with counseling for the child. 4. Paragraph 5 of the October 25, 2007 Order of Court is hereby deleted and replaced with the following: A. Thanksgiving shall be alternated among the parties with Father having even numbered years and Mother having odd numbered years. B. Christmas shall be divided into two Blocks. Block A shall be from 12:00 noon Christmas Eve to 12:00 noon Christmas Day. Block B shall be from 12:00 noon Christmas Day to 12:00 noon December 26. Mother shall have Block A in even numbered years and Block B in odd numbered years. Father shall have Block A in odd numbered years and Block B in even numbered years. C. Easter shall be alternated with Mother having odd numbered years and Father having even numbered years. 5. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE C J. cc: Paul Ferguson, Esquire, Counsel for Father Jessica L. Igneri, pro se 9 East Burd Street Shippensburg, PA 17257 <Aj x.. t »t :; ZULt JESSICA L. IGNERI, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-3792 CIVIL ACTION - LAW CHRISTOPHER M. EMORY, . Defendant : IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Reese Harrison Igneri November 10, 2003 Mother 2. A Conciliation Conference was held in this matter on June 2, 2008, with the following in attendance: the Father, Christopher M. Emory, with his counsel, Paul M. Ferguson, Esquire and the Mother, Jessica L. Igneri, pro se. 3. The Honorable Edward E. Guido entered an Order of Court dated October 25, 2007 providing for shared legal custody, Mother having primary physical custody and Father having alternating weekends, Friday to Monday. 4. Father filed for Contempt alleging that Mother had not been turning over the child in a timely manner for his periods of custody. Father agreed to withdraw his Petition for Contempt. 5. The parties agreed to an Order in the form as attached. lU ?e •'u?, ?? ?, & " 3 !G d c ! e-c- Date ac 'eline M. Verney, Esquire Custody Conciliator J JESSICA L. IGNERI, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA C7 V. : NO. 2007-3792 CIVIL ACTION - L•. CHRISTOPHER M. EMORY,` ? Defendant IN CUSTODY r; d ..) . C) Z.. ORDER OF COURT -?AND NOW, this .ro da A _1 C-0 fit _r y of Ae? t'1 5T , 20JI, upon consideration of the attached Custody Conciliation Report, it i ordered and directed as follows: 1. The prior Orders of Court dated October 25, 2007 and June 9, 2008 are hereby vacated. 2. The Mother, Jessica L. Igneri and the Father, Christopher M. Emory, shall have shared legal custody of Reese Harrison Igneri, born November 10, 2003. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. If it is recommended by a professional that the child needs a structured day camp in the summer, the parties shall discuss the child's attendance prior to registering him for the camp. If the parties cannot agree to send him to camp, one party much petition the court for resolution of the matter. If it is agreed that the child will attend camp, then the custodial parent is responsible for transportation. !; 3. Mother shall have primary physical custody of the child. 4. Father shall have the following periods of partial physical custody: A. During the school year, alternating weekends from Friday at 6:00 p.m. to Sunday at 6:00 p.m. However, if there is a school holiday on Friday or Monday of Father's weekend, Father's period of custody shall be extended to include Thursday or Monday. B. During the school year and during the week following Father's weekend, Thursday from 5:15 p.m. to 7:30 p.m. C. During the school year and during the week before Father's weekend, Tuesday from 5:15 p.m. to 7:30 p.m. 5. During the summer, the parties shall share physical custody of the child on a week on/week off basis. The exchange day and time shall be Sunday at 6:00 p.m. Father shall have the first week beginning the first Sunday after the last day of school. 6. HolidaysNacation shall take precedence over the regular schedule: A. Labor Day, Thanksgiving, Easter, Memorial Day and July 4ch shall be alternated among the parties with the times being 9:00 a.m. to 6:00 p.m. Mother shall have Labor Day, 2011. B. Mother shall have physical custody of the child for Mother's Day from 9:00 a.m. to 6:00 p.m. Father shall have physical custody of the child for Father's Day from 9:00 a.m. to 6:00 p.m. C. Christmas shall be divided into two Blocks. Block A shall be from 12:00 noon Christmas Eve to Christmas Day at 12:00 noon. Block B shall be from 12:00 noon Christmas Day to 12:00 noon December 26. Mother shall have physical custody of the child for Block A in even numbered years and Block B in odd numbered years. Father shall have physical custody of the child for Block A in odd numbered years and Block B in even numbered years. D. Each party shall be entitled to one full uninterrupted week during the school year provided they give the other party 30-days prior notice. The week should coincide with the requesting party's normal custodial weekend, if it does not, make up time shall be provided to the other parent. During the summer the parties shall take their vacation on their regularly scheduled week of physical custody. 7. Transportation shall be shared such that the receiving party shall transport. 8. The parties shall cooperate with co-parenting counseling as directed by Dr. Trayer to address issues of the child's Asperger's diagnosis. 9. The parties shall advise each other concerning any overnight travel away from home. 10. The parties shall have liberal telephone contact with the child. 11. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY Edward E. Guido, J cc: Michelle L. Sommer, Esquire, Counsel for Mother John F. King, Esquire, Counsel for Father jgS Mai ( e? Coy 8/16/11 JESSICA L. IGNERI, Plaintiff V. CHRISTOPHER M. EMORY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-3792 CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1 • The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Reese Harrison Igneri November 10, 2003 Mother 2. A Conciliation Conference was held in this matter on August 10, 2011, with the following in attendance: the Mother, Jessica L. Igneri, with her counsel, Michelle L. Sommer, Esquire and the Father, Christopher M. Emory, with his counsel, John F. King, Esquire. 3. The Honorable Edward E. Guido previously entered Orders of Court dated October 25, 2007 and June 9, 2008 providing for shared legal custody, Mother having primary physical custody and Father having alternating weekends, Friday to Monday. 4. The parties agreed to an Order in the form as attached. to - tl ? "l,V Date acqu me M. Verney, Esquire Custody Conciliator