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HomeMy WebLinkAbout03-5122 v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003- S/~).... CIVIL TERM MICHELLE Y. PUGLIESE, Plaintiff SHAWN M. LIBERATOR, Defendant : CIVIL ACTION - LAW : IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Michelle Y. Pugliese, an adult individual currently residing at 996 Mt. Rock Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Shawn M. Liberator, an adult individual currently residing at 996 Mt. Rock Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Plaintiff is the natural mother of the child, Schyler Wyatt Liberator, born April 9, 2003. 4. The child was not born in wedlock. 5. Since birth the child has resided with the following persons at the following addresses for the following lengths of time: NAMF Mother and Father Mother ADDRFSS 996 Rock Rd. Carlisle, P A MainSt. Newburg, PA DATFS Birth to 9/22/03 9/22/03 to Present 6. single. 7. The natural Mother of the child is the Plaintiff, who resides as fore said. She is The natural Father of the child is the Defendant, who resides as foresaid. He is single. 8. The relationship of the Defendant to the child is that of natural Father. The Defendant currently resides alone. 9. The relationship of the Plaintiff to the child is that of natural Mother. The Plaintiff currently resides with the child. 10. The Plaintiff has no information of a custody proceeding concerning the child pending in any Court of this Commonwealth. 11. The best interest and permanent welfare of the child will be best served by granting the relief requested as the Plaintiff is better suited to provide a stable environment to foster the child's well being. 12. The Plaintiff does not know of any person not a party to the proceedings who claims to have custody or visitation rights with respect to the child. WHEREFORE, the Plaintiff, Michelle Y. Pugliese, respectfully requests this Honorable Court to enter an Order scheduling the Parties for a Custody Conciliation. Respectfully submitted, Date: ~ Q..:J 1 :)CO::> 0p5] Thomas S:1Siehl, Esquire Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 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. ~ 4904, relating to unsworn falsification to authorities. ~\~\\Ch~tlo ~ A ,QClvl~D MI~HkLLE Y. PUGLIE~Plaintiff a G ~ (") ,--... 0 p ...... c (:) ~ - Z::.. "'1' t 0 "1:Jtti en 92'-> ,." !-;-: 'U ,- lI) 2~~ f-~ N --:,1'1 SJ". 0" -rr-J ....... "-' 0 r'C' <:i~~ -t: :;; ", ' ..." ,.., 0 fl Z>-- ;?f~{ ;;; (~- ~? -.J - r :2.. .... ....., ..'-:1 -:;:.-... ::D C> 1 , rv -< MICHELLE Y. PUGLIESE PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COlJNIT, PENNSYLVANIA V. 03-5122 CIVIL ACTION LAW SHAWN M. LIBERATOR DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, October 01, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, November 12, 2003 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to defme 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 hearin~. FOR TIlE COURT. By: /sl Jacqueline M. Vern~y. Esq. Custody Conciliator L 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, pl(:ase 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 HA VB 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 '~~;1 ~ ~~~ fc?(,c?/ .-h Z ~ ~~ [O'!-ell ~ ?1l~~PJ f:(J./.(// \fI1\'V/ilASNN3d ,UN('!Cn?~n8:;8r,Ajm 9 I :8 ~IJ I - 1JO f::O ^i:J\tlO("~;;'Jj"j :',";.1. :iO 38!:I::K}-'O:] "jU MICHELLE Y. PUGLIESE, Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2003-5122 CIVIL TERM SHAWN M. LIBERATOR, Defendant/Respondent : CIVIL ACTION - LAW : IN CUSTODY PETITION FOR SPECIAL REIl.IEF AND NOW, comes the Plaintiff/Petitioner, Michelle Y. Pugliese, by and through her attorney, Thomas S. Diehl, Esquire, and makes the following Petition for Special Relief against the Defendant/Respondent, Shawn M. Liberator: I . Petitioner is Michelle Y. Pugliese (hereinafter referred to as "Mother"), an adult individual currently residing at 3 Main Street, Newburg, Cumberland County, Pennsylvania 17240. 2. Respondent is Shawn M. Liberator (hereinafter referred to as "Father"), an adult individual currently residing at 996 Mt. Rock Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are the natural parents of the child, Schyler Wyatt Liberator, born April 9, 2003. 4. There are no prior Orders of Court concerning the within named minor child. 5. A Complaint for Custody was filed with the Court of Common Pleas, Cumberland County, Pennsylvania, on September 26, 2003, from which a Custody Conciliation Conference has been scheduled for November 12, 2003. 6. Mother files this Petition for Special Relief for the following reasons: (a) The parties separated on September 27, 2003, wherein Mother moved from the parties' residence at 996 Mt. Rock Road, Carlisle, Pennsylvania to her current address; (b) Mother is not employed, and but for part time work for two months, she has not been employed since the birth of the child. Father is and has been working two jobs; (c) Since Mother relocated with the child, Mother has been in contact with Father on a nearly daily basis, during which times she would bring the child to Father's residence, or to his place of employment, for routine visits; (d) Although Mother routinely visited Father with the child, all overnights with the child were spent in the Mother's care, who has been acting as the child's primary caregiver since the child's birth; (e) The parties worked under this arrangemfmt without incident until Sunday, October 5, 2003; (f) On or about Friday, October 3, 2003, Father received a copy of the Order of Court scheduling the Custody Conciliation Conference for November 12, 2003; (g) Following receipt of the Order of Court, Father became enraged and made threatening telephone calls to Mother; (h) On Sunday, October 5, 2003, Mother nonetheless made the child available to Father when she brought the child to Father's place of employment, Love's Auto Sales, Spring Road, Carlisle, Pennsylvania; (i) At this visit, Father angrily removed the child from Mother, placed the child in his vehicle, and fled the scene; G) Alarmed by Father's behavior, Mother contacted the police, in response to which Officer Fiber of the North Middleton Police Department responded to the scene to interview Mother; (k) While Officer Fiber was interviewing Mother, Father returned to the scene with the child; (I) Upon reappearing at the scene, Father drove by honking his horn, waving "bye-bye," and mockingly laughing at Mother; (m) Counsel for Mother confirmed these allegations through a telephone conference with Office Fiber of the North Middleton Police Department on Tuesday, October 7, 2003; (n) Officer Fiber advised Mother to seek legal counsel; (0) Mother telephoned Father, requesting to know child's whereabouts to which Father responded that the child was in the care of the paternal grandmother, Lavana Shaw; (p) On Monday, October 6, 2003, Mother met with paternal grandmother at grandmother's place off employment, wherein she advised Mother that she was not keeping or caring for the child; (q) Paternal grandmother further denied any knowledge of Father requesting her to care for the child; (r) Mother has since repeatedly telephoned Father, who continues to withhold the whereabouts of the child; and (s) As of the filing of this petition, Mother has not had contact with the child, nor does she have any knowledge as to who is caring for the child. WHEREFORE, the Petitioner, Michelle Y. Pugliese, n:spectfully requests this Honorable Court to enter an Order scheduling a hearing on the disputed facts in this matter, wherein Mother is seeking to have the child returned to her primary care, and wherein Father shall be permitted liberal periods of visitation with the child as his work schedule permits. Respectfully submitted, CI- Date: () /D . ,} CO] I ~;:D Thomas S. Diehl, Esquire Attorney for the Petitioner One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4909 relating to unsworn falsification to authorities. -f{\ i \: MICHELLE Y. PUGLI (') CJ () c.: c_, ..,.., ); -, ~ <:'- ;">:;:) "_.J ~ c' c: ~-) ,." ~/,' --t 2: 'l-.> .. :z \. "" ~ (j) c ...... -< 'J -<:: G:, r: I, ; ..,. L..l 2 ~ ~ ( , j -c: ~~. c~, ~~ '- rrr Lv ~~-. :'-:::;1 " 0 <.:1 ::~ -:J 5:'; "< '11 -< OCT 1 6 Z003 i if \j MICHELLE Y. PUGLIESE, Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2003-5122 CIVIL TERM SHAWN M. LIBERATOR, Defendant/Respondent : CIVIL ACTION - LAW : IN CUSTODY AND NOW, this ORDER OF COURT 11 .t'\ day of 0 d.fr1. , 2003, upon consideration of the attached Petition for Special Relief, it is HEREBY ORDERED AS FOLLOWS: The parties and their respective counsel shall appear before the Honorable <;:"cll.ol/t'" J (;....: d.. , at the Cumberland County Courthouse, Carlisle, ;J ~ , on the /7 day of o.J..M , 2003, Pennsylvania, Courtroom Number 5 at d: 30 o'clock L.m. for a custody hearing. All children age five or older may be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order 1. cc: Thomas S. Diehl, Esquire Attorney for Petitioner Defendant/Respondent ~ - ~ 10,17_03 (~. ltif\MH\SNf\rJd ,~JNn('() '~:', ",. '~\ r~r':;i.'iJnJ L1:: :fH I lJI.J f;J 't..'\.,',',',,; ,\u '~.,;',l"i" MICHELLE Y. PUGLIESE, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner: CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION -- LAW SHAWN M. LIBE~TOR, 03-5122 CIVIL TERM Defendant/Respondent: IN CUSTODY IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, October 22, 2003, we adopt the agreement of the parties as articulated on the record as a temporary Order of Court pending onciliation and/or further Order of Court in this matter. A cop of the transcript of the stipulation is attached By hereto. Edward E. Guido, J. Thomas Diehl, Esquire For Plaintiff Petitioner :mtf ~~ (=f-~ J/}-:J.'l.oJ Mary Dissinge , Esquire For Defendant Respondent V1~,~J/',~LI,S~\~ r.!:ld AJ.Nr:C,"~l 1 (",,-"'~-<':'~'\~:18 ; ~l : ',7 ~~ 1JJ 1:,;.,; 1 2 3 Wednesday, October 22, 2003 3:10 p.m. THE COURT: I understand we are going to take 4 testimony 0 the mental health provider. 5 MS. DISSINGER: That is not correct, Your 6 Honor. Whi e you were in chambers, the parties have reached 7 an agreemen we wanted to enter on the record. 8 9 THE COURT: Go ahead. MS. DISSINGER: The agreement in this matter, 10 Pu liese vs Liberator, is that the par~ies shall enjoy 11 shared leg 1 custody, and the physical custody arrangement 12 will be as follows: 13 THE COURT: This is a temporary order pending 14 conciliati n, is that correct? 15 16 Order of 17 they may r 18 think it s ould be until further Order of Court. 19 I believe it is until further MS. DISSINER: because they are going to conciliation, and a voluntary agreement, they may not. So I THE COURT: That is correct. But usually on 20 these spec al reliefs, I preface them by saying it is a 21 temporary rder, not meant to give up any rights, et cetera. 22 That's wha this is. 23 24 correct? 25 You are going to conciliation, is that MS. DISSINGER: That l' c, d correct. 1 1 THE COURT: So this is a temporary order. 2 MS. DISSINGER: Yes, sir. 3 THE COURT: Pending conciliation or further 4 Order of Co rt. 5 MS. DISSINGER: Yes, sir. 6 THE COURT: Okay. Good. 7 MS. DISSINGER: Okay. S The parties shall enjoy shared legal custody. 9 The physical custody arrangement will be as follows: 10 The father, Shawn Liberator, will have 11 custody for two days. Then after that, the mother will have 12 custody for two days. They will alternate two day periods. 13 Father's first custodial period will begin tomorrow, the 14 23rd of Oct o'clock a.m. 15 At the end of his two days, which means two 16 overnights ith the child, he will then take the child to 17 mother's the beginning of her day. That time will be 18 whenever t child gets up and before father goes to work. 19 During this temporary c'.lstodial arrangement, 20 whenever father is at work and mother is not, mother will 21 provide the daycare for the child if she is available. If 22 mother is orking during this temporary period and father is 23 not, father will be contacted by mother to see if is he 24 available to provide daycare for her. 25 At the beginning of eac~ party's two day 2 1 custodial period, they will generally go pick up the child 2 from the o~her parent. Mother will at the end of her , 3 baby-sitting periods return the child ':0 father at a place , 4 __ do you want to do that at his place of work or his home? 6 MR. LIBERATOR: Can we arrange however? MS. DISSINGER: Or at a place wherever you can agree. MS. PUGLIESE: That is fine. MS. DISSINGER: At a place to be agreed upon 5 7 8 9 10 by the par ies at a time approximately 6:30 in the afternoon 11 or evening. 12 I believe that that expresses the agreement 13 of the par ies. Is that correct, Mr. Diehl? 14 MR. DIEHL: I believe that is correct. 15 THE COURT: Ma'am, is that your 16 understand'ng? 17 MS. PUGLIESE: I just want to make sure of 18 one thing. The 9:00 a.m. -- I don't want, I don't want the 19 baby any 1 ter than 9:00 a.m. I would be glad to take the 20 baby earli r than 9:00 a.m., but no later. 21 THE COURT: Do you ever go to work later than 22 9:00 a.m.? 23 MR. LIBERATOR: No. Around that time, 24 between 8 nd 9 I go to work. 25 THE COURT: So you will have the child to her 3 1 by nine o'c ock a.m. 2 MR. LIBERATOR: Or whatever we decide. 3 THE COURT: Or earlier. 4 MR. LIBERATOR: That's fine, Your Honor. 5 MS. DISSINGER: You have heard the other 6 terms that I have indicated to the Court. 7 MR. LIBERATOR: Yes. 8 MS. DISSINGER: Do those represent your 9 agreement s this temporary period? 10 MR. LIBERATOR: That's fine. 11 (End of discussion about agreement.) 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4 NOV 1 3 2003 if MICHELLE Y. PUGLIESE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : CIVIL ACTION - LAW SHAWN M. LIBERATOR, Defendant : NO. 2003-5122 CIVIL TERM : IN CUSTODY ORDER OF COURT AND NOW, this II ~ day of tJ ~ ,2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: " I. A Hearing is scheduled in Court Room No. ~ , o~he Cumberland County Court House, on the C;~ day of F~ ' 200 , at ,: 3 t) o'c1ock,~ . M., at which time testimony will be taken. or purpos s of this Hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. The prior Order of Court dated October 22, 2003 shall remain in full force and effect with the following additions: 3. The parties shall cooperate with a custody evaluation conducted by Dr. Stanley Schneider. Father shall advance all expenses with the understanding that the Court will ultimately allocate said expenses among the parties. 4. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. Edward E. Guido, J. cc;;r1iomas S. Diehl, Esquire, counsel for Mother ~ary Dissinger, Esquire, counsel for Father \j VIN\fi\lASNN3d AJ.~ln(Y') (":r".;>r:\J::8~'~n8 . ') '"' 'j'l 0 I ,', "'CJ ,'n Lv:d i' ~ V I\U.1l...u :JO MICHELLE Y. PUGLIESE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW SHAWN M. LIBERATOR, Defendant : NO. 2003-5122 CIVIL TERM : 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: I, The pertinent information concerning the Child who is the subject of this litigation is as fol1ows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Schyler Wyatt Liberator April 9, 2003 shared 2, A Conciliation Conference was held November 12, 2003 with the following individuals in attendance: The Mother, Michelle Y. Pugliese, (her counsel, Thomas S, Diehl, Esquire did not appear) and the Father, Shawn M, Liberator, with his counsel, Mary Dissinger, Esquire, 3. As a result of a hearing on Mother's Petition for Emergency Relief, the Court entered an Order of Court, dated October 22, 2003 providing for shared legal custody and shared physical custody, 4, Father's position on custody is as follows: Father seeks shared legal and primary physical custody, He maintains that Mother has mental health issues and that he can provide proper care of the child. 5, Mother's position on custody is as follows: Mother seeks shared legal custody and primary physical custody, indicating that she is a good mother. 6, Both parties agree that a custody evaluation should occur, Father agreed to pay the costs of an evaluation, but asks the Court to ultimately allocate the expenses, 7, The Conciliator recommends an Order in the form as attached scheduling a Hearing and continuing the prior Order of Court dated October 22, 2003, It is expected that the Hearing will require one day, 1/ - I ~.() 3 Date ~,~,b Custody Conciliator '. MICHELLE y, PUGLIESE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION - LAW SHAWN M, LIBERATOR, Defendant : NO, 2003-5122 : IN CUSTODY CIVIL TERM CUSTODY STIPULATION & AGREEMENT THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between MICHELLE y, PUGLIESE, (hereinafter referred to as "Mother") and SHA WN M. LIBERATOR, (hereinafter referred to as "Father"). WHEREAS, the parties are the natural parents of one child, namely Schyler Wyatt Liberator, born April 9, 2003, (hereinafter referred to as "Child"); and WHEREAS, the parties live separate and apart, and wish to enter into a comprehensive stipulation and agreement relative to physical and legal custody of their Child, NOW THEREFORE, in consideration of mutual covenants, promises and agreements as hereinafter set forth, the parties stipulate and agree as follows: 1. Mother and Father shall have shared legal custody of the child, 2, Mother shall have primary physical custody of the child, 3, Father shall have periods of partial physical custody of the child at the following times: a,) Every weekend beginning on Friday at 8:00 a,m, and ending on Monday at 8:00 a.m.; b.) At other times as the parties may agree, 4, The party receiving custody of the child will provide transportation, 5, The parties agree that the non-custodial parent shall be entitled to reasonable telephone contact with the child without interference or monitoring by the custodial parent. 6, Holidays shall supercede the custodial schedule as set forth above and custody shall be shared between Mother and Father as follows: a, The parties shall alternate New Years Day, Easter, Memorial Day, July 4th, Labor Day and Thanksgiving, with the holiday beginning at 8:00 a.m, and ending at 8:00 p,m, on the holiday, In all even numbered years Father shall have the holidays of New Years Day, Memorial Day, and Labor Day and Mother shall have Easter, July 4th and Thanksgiving, In all odd numbered years, Father shall have Easter, July 4th, and Thanksgiving and Mother shall have New Years Day, Memorial Day and Labor Day. b,) For the Christmas holiday shall consist of Block A and Block B and the Blocks shall be rotated from year to year. Block A: December 24th at 2:00 p.m, until Christmas Day (December 25th) at 2:00 p,m, Block B: Christmas Day (December 25th) at 2:00 p.m. until December 26th at 2:00 p,m, In all even numbered years, Father shall have Block A and Mother shall have Block B, In all odd numbered years Father shal1 have Block B and Mother shall have Block A, 7, If during Mother's or Father's period of custody a parent is unable to directly care for the child and must make arrangements for a baby-sitter for a period of three (3) hours or more, the non-custodial parent shall have the right of first refusal to provide care for the child and the custodial parent shall make reasonable efforts to contact the non- custodial parent and make the child available for the non-custodial parent to care for the child during this time, 8, The child shal1 always be with the Mother on Mother's Day and with Father on Father's Day, Such periods of custody shal1 run from 8:00 a,m, until 8:00 p,m, on their respective holiday. 9, On the child's birthday, the non-custodial parent shall be entitled to a three (3) hour period of custody which shall be arranged by the parties, 10, The parties shall keep each other advised in the event of serious illness or medical emergency concerning the child and shall further take any necessary steps to ensure that the health and well-being of the child is protected, During such illness ,.' or medical emergency, both parties shall have the right to visit the child as often as he or she desires consistent with the proper medical care of the child, 11. Neither parent shall do anything which may estrange the child from the other party, injure the opinion of the child as to the other party, or which may hamper the free and natural development of the child's love and affection for the other party. 12, During the periods of custody and for a period of time eight (8) hours prior to the periods of custody, the custodial parent shall not consume alcohol or other drugs to the point of intoxication and shall make every effort to ensure that other people in the household do not consume alcohol to the point of intoxication, 13, Any modification or waiver of any of the provisions of this Agreement on a permanent basis shall be effective only if made in writing, and only if executed with the same formality as this Stipulation and Agreement. 14. The parties desire that this Stipulation and Agreement be made an Order of Court of the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor child, 15. The parties stipulate that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other party, 16, The parties acknowledge that they have read and understand the provisions ofthis Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence, IN WITNESS WHEREOF, The parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year hereinafter mentioned, WITNESSETH: ~ (:~~ , , UOC'~()~CI\fue,\~ ~),~t~D Date) MIC LLE Y. PUGL E )-1(J/\rl1-l1~~ p- ;?2.. ..0 S Date ~~~--? . SHAWN M, LIBERATOR COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUw\;fxflat-ul On this 12. AEf day of bUu~ bu , 2003, before me, the undersigned officer, personally appeared MICHELLE Y. PUGLIESE, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained, IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~SUI, PIJ8I.Il! ~ llOl- couMt1 ~__.~tS tOO ~WJfA f?~ N tary Publjt , COMMONWEALTH OF PENNSYLVANIA CUW\ bc;lOtYl.c1 ~zP-~ay of ~eu WI bv- COUNTY OF On this , 2003, before me, the undersigned officer, personally appeared SHAWN M. LIBERATOR, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. -.rARlAl. SEAL _..~:!O"~ ---.-. t !u.;~ /0 ~ otary PulSfic ,. "'II i ',.~... V~J,',. i,<}4;~~'.:a. l'r:' .:,:':! "~~'jjll.l~ '."':.,,> ',:i).C~OU./llJ~~' " ~~~<YW~~;:: H~ . ----,...-'.~jAJi .{~\ ~~, '~, '; C;iJl-""_'h'_~' ~~ =lJ~L'~'t9."\ ,'! "1~F~1.I,t_Q YH\:-:':: .\", " :: ,;jn!ll3.!2U~~' ,",<c. ." <j '~;''-'~ 'Yi\,1J:~Vfl,.Q::l~,4 . (') S; T;;) ~ = "'" ....., C.::J rrl Cj f'\) W o -,., :;! Fii:!') r- -~m :::.10 !~jl.~ '::'i-""j ~:-~i~1 - J ;J,] , MICHELLE Y. PUGLIESE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA (; v, : CIVIL ACTION - LAW IlC 2 !.> 2003 Q.., SHAWN M, LIBERATOR, Defendant : NO, 2003-5122 : IN CUSTODY CIVIL TERM ORDER OF COURT AND NOW this ,;c,i^ day of ~ , 2003, the attached Custody Stipulation and Agreement is hereby made an Order of Court, B~ J, cc: Brian C, Bornman, Esquire Attorney for Plaintiff Mary A. Etter Dissinger, Esquire Attorney for Defendant ~1~ I ~- c4j~ ()~ ~ \.'; NV/\~l/, :;,lj'\,1N~Jd AJ.i\Jr.cC' :<'?Nfl8 01 :01 in! 6(; J]D [OOZ /L;V).(A\IO;'j.LQ,~:ld :JHl ;:}O :; 2i ~~L~o-'-c3l!:.1 MICHELLE y, PUGLIESE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v, : CIVIL ACTION - LAW SHAWN M, LIBERA TOR, Defendant : NO, 2003-5122 : IN CUSTODY CIVIL TERM PRAECIPE TO THE PROTHONOTARY: WITHDRAWAL OF APPEARANCE Please withdraw my appearance on behalf of the Plaintiff in the above-captioned matter. Date: 1-10 -OL{ Respectfully submitted, ~i/ Thomas S, Diehl, Esquire I West High Street P,O, Box 1290 Carlisle, P A 17013 ENTRY OF APPEARANCE Please enter my appearance on behalf of the Plaintiff in the above-captioned matter, Respectfully submitted, Date: 1-/3-0 r ~~~- Brian C. Bornman, Esquire GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243.5551 (800) 347-5552 "" """ ~:-:} ..- !2 .....".. "- Cl -r~ -- C>, , ::;:1 F;}::t! f--'_ ~'C"J1 ;"'0 ':)(1. ::;::J_-.) (~):U .{~;.S; -i) -,. _C~ -- '.' (,J"J -';;"- " MICHELLE Y. PUGLIESE, Plaintiff/Respondent vs. :IN THE COURT OF COMMON PLEAS :OF THE 41ST JUDICIAL DISTRICT :OF PENNSYLVANIA :CUMBERLAND COUNTY BRANCH :CIVIL ACTION - CUSTODY SHAWN LIBERATOR, Defendant/Petitioner : NO . 03 - 5122 NOT ICE T 0 D E FEN D You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, .. by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the '. claims set forth against you. You are warned that if you fail to do . so the case may proceed without you and a judgment may be entered against you by the court without. further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Central PA Legal Services 213A North Front Street Harrisburg, PA 17101 1-800-932-0356 OR Lawyers Referral Service 100 Pine Street P.O. Box 186 Harrisburg, PA 17108 1-800-692-7375 ?~l' Mary N. Etter Dissinger Attorney for Defendant/ '- Tl MICHELLE Y. PUGLIESE, Plaintiff/Respondent :IN THE COURT OF COMMON PLEAS :OF THE 41ST JUDICIAL DISTRICT :OF PENNSYLVANIA :CUMBERLAND COUNTY BRANCH :CIVIL ACTION - CUSTODY vs. SHAWN LIBERATOR, Defendant/Petitioner :NO. 03-5122 COMPLAINT FOR CUSTODY 1. Plaintiff/Respondent is Michelle Y. Pugliese, residing at 9878 Stage Coach Road, Kutztown, Berks County, Pennsylvania. 2. Defendant/Petitioner is Shawn Liberator, residing at 966 Mt. Rock Road, Carlisle, Cumberland County, Pennsylvania. 3. Defendant/Petitioner seeks custody of the following child: Name Sophia Marie Liberator Present Residence 9878 Stage Coach Road Kutztown, PA 17530 Age 4 months 4. The child has been born out of wedlock. 5. The child is presently in the custody of Plaintiff/Respondent who resides at 9878 Stage Coach Road, Kutztown, Berks County, Pennsylvania. 6. During the past five years, the child has resided with the following persons at the following addresses: Persons Addres:ses Date Michelle Y. Pugliese Schylar W. Liberator (18 months) Sophia Marie Liberator 3 Main Street Newburg, PA Birth on 6/11/04 to c. 7/04 Michele Y. Pugliese Shawn Liberator Schylar W. Liberator Sophia Marie Liberator 966 Mt. Rock Road Carlisle, PA 17013 c. 7/04 to c. 10/8/04 fI Michele Y. Pugliese Schylar W. Liberator Sophia Marie Liberator 9878 Stage Coach Road Kutztown, PA 17530 c. 10/8/04 to present 7. The mother of the child is Michelle Y. Pugliese who currently resides at 9878 Stage Coach Road, Kutztown, Berks County, Pennsylvania. 8. She is not married. 9. The father of the child is Shawn Liberator who currently resides at 966 Mt. Rock Road, Carlisle, Cumberland County, Pennsylvania. 10. He is not married. 11. The relationship of Plaintiff/Respondent to the child is that of natural father. The Plaintiff/Respondent currently resides with his son Schylar W. Liberator. 12. The relationship of Defendant/Petitioner to the child is that of natural mother. The Defendant/Peti.tioner currently resides with her son Schylar W. Liberator. 13. The parties are also the parents of a child Schylar W. Liberator, and a custody action has been filed to this docket number and an Order entered granting the parents, the parties, shared legal custody, copy of the Order is attached as exhibit "A". 14. In the very recent past, the Pla.intiff/Respondent herein has been arrested for various unrelated incidents. 15. Defendant/Petitioner wishes to modify custody of the minor child Schylar W. Liberator. I' 16. Defendant/Petitioner has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child except in this court. 17. Defendant/Petitioner has no information proceeding concerning the child pending in a Commonwealth. of a custody court of this 18. Defendant/Petitioner does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 19. The best interest and permanent welfare of the children will be served by granting the relief requested because Defendant/Petitioner can provide a more stable environment within which the children will grow and flourish. 20. 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. All other persons, named below who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: NONE. WHEREFORE, Defendant/Petitioner requests the Court to grant custody of the children to the father, Shawn Liberator. Respectfully Submitted: DISSINGER AND DISSINGER BY'''/)~ /A~Jfr-m-<'k ~ Mary :- E t.er lssinger Esquire Attorney for Plaintiff Supreme Court I.D. #27736 400 South State Road Marysville, PA 17053 (717) 957-3474 II , : , VERIFICATION I, Shawn Liberator, verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. ~/petitioner MICHELLE Y. PUGLIESE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA (; v. : CIVIL ACTION - LAW IIEC 1 !o; 2003 Q../ SHA \VN M. LIBERATOR, Defendant : NO. 2003-5122 : IN CUSTODY CIVIL TERNI ORDER OF COURT AND NOW this c';)ttt'- day of ~ , 2003, the attached Custody Stipulation and Agreement is hereby made an Order of Court. J. ,I: '. i ,I: cc: Brian C. Bornman, Esquire Attorney for Plaintiff Mary A. Etter Dissinger, Esquire Attorney for Defendant i!' >1; " ,Ii H: , " ii EXHIBIT I A -- MICHELLE Y. PUGLIESE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW .. SHA WN M. LIBERATOR, Defendant : NO. 2003-5122 : IN CUSTODY CIVIL TERM r-) ".) """ '.:,.-.J '--' P o -17 ~-<o - >-- .:-~... ::;:! C-.: 1~7 :!": r-O: r......; -~ CT1 <"v : ~:; I:;; '....),.J... -- ::;-J ~i? -. ;~ ;;:~. THIS STIPULATION AND AGREEMENT entered into the day and year het~inaftet seq ,/ " :::: ~::; CUSTODY STIPULATION & AGREEMENT " forth, by and between MICHELLE Y PUGLIESE, (hereina~ter referred to as "Mother") and SHA WN M. LIBERATOR, (hereinafter referred to as "Father"). VlHEREAS, the parties are the natural parents of one child, namely Schyler Wyatt Liberator, born April 9, 2003, (hereinafter referred to as "Child"); and WHEREAS, the parties live separate and apart, and wish to enter into a comprehensive stipulation and agreement relative to physical and legal custody of their Child, NOW THEREFORE, in consideration of mutual covenants, promises and agreements as hereinafter set forth, the parties stipulate and agree as follows: 1. Mother and Father shall have shared legal custody of the child. 2. Mother shall have primary physical custody of the child. 3. Father shall have periods of partial physical custody of the child at the following times: -- a.) Every weekend beginning on Friday at 8:00 a.m. and ending on Monday at 8:00 a.m.; . . b.) At other times as the parties may agree. 4. The party receiving custody of the child will provide transportation. 5. The parties agree that the non-custodial parent shall be entitled to reasonable telephone contact with the child without interference or monitoring by the custodial parent. 6. Holidays shall supercede the custodial schedule as Sl~t forth above and custody shall be shared between Mother and Father as follows: a. The parties shall alternate New Years Day, Easter, Memorial Day, July 4th, Labor Day and Thanksgiving, with the holiday beginning at 8:00 a.m. and ending at 8:00 p.m. on the holiday. In all even numbered years Father shall have the holidays of New Years Day, Memorial Day, and Labor Day and Mother shall have Easter, July 4th and Thanksgiving. In all odd numbered years, Father shall have Easter, July 4th, and Thanksgiving and Mother shall have New Years Day, ~remorial Day and Labor Day. b.) For the Christmas holiday shall consist of Block A and Block B and the Blocks shall be rotated from year to year. - - Block A: December 24th at 2:00 p.m. until Christmas Day (December 25th) at 2:00 p.m. Block B: Christmas Day (December 2Sth)_at_2:00 p.m. until December 26th at 2:00 p.m. In all even numbered years, Father shall have Block A and Mother shall have Block B. In all odd numbered years Father shall have Block B and Mother shall have Block A. 7. If during Mother's or Father's period of custody a parent is unable to directly care for the child and must make arrangements for a baby-sitter for a period of three (3) hours or more, the non-custodial parent shall have the right of first refusal to provide care for the child and the custodial parent shaiI make reasonable efforts to contact the non- custodial parent and make the child available for the non-custodial parent to care for the child during this time. 8. The child shall always be with the Mother on Mother's Day and with Father on Father's Day. Such periods of custody shall run from 8:00 a.m. until 8:00 p.m. on their respective holiday. 9. On the child's birthday, the non-custodial parent shall be entitled to a three (3) hour period of custody which shall be arranged by the parties, 10. The parties shall keep each other advised in the event of serious illness or medical emergency concerning the child and shall further take any necessary steps to ensure that the health and well-being ofthe child is protected. During such illness - - or medical emergency, both parties shall have the right to visit the child as often as he or she desires consistent with the proper. medical care of the child. 11. Neither parent shall do anything which may estrange the child from the other party, injure the opinion of the child as to the other pa.rty, or which may hamper the free and natural development of the child's love and affection for the other party. I: 12. During the periods of custody and for a period of time eight (8) hours prior to the periods of custody, the custodial parent shall not consume alcohol or other drugs to the point of intoxication and shall make every effort to ensure that other people in the household do not consume alcohol to the point of intoxication. 13. Any modification or waiver of any of the provisions of this Agreement on a permanent basis shall be effective only if made in writing, and only if executed with the same formality as this Stipulation and Agreement. 14. The parties desire that this Stipulation and Agreement he made an Order of Court of the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor child. 15. The parties stipulate that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other party. 16. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influ.ence. IN WITNESS WHEREOF, The parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year hereinafter mentioned. WITNESSETH: /""J ~ -'/ /J ~' h (~,/~~ , ~ l "';-""1""'. )U'~ j/06{&; ,l1Vj~ .' !/~ p- 22- -03 ___-~;;;?~~ ~ J Date SHA \VN' M. LIBERATOR COMMONWEAL TH OF PENNSYLVANIA COUNTY OF e~! vVl be.,."'! t{ ~'lii 1 .1 r..!! ll'A ~ , J On this .J-.t- day of /Jeu It-! ~)(/ , -206:1, before me, the undersigned officer, personally appeared MICHELLE Y. PUGLIESE, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. , r IOT~i~MrfPU!l\C .-1.tEll....... BElllAKO COUNT( ~lOt\O.'~~RES~UG. 'l5 'lOOL ..J!f CQIAM\SS\Oft ~ r ~~ ;;,cf'~7111 U! 0' ,i"N' (/ I/t lYlA...--r I _ ,: COMMONYVEAL TH OF PENNSYL V ANlA. COUNTY OF (~L ~1It bc.r [CtV\.6'( On this ~zP-~ay of i\tU j,y.' /kr , 2003, before me, the undersigned officer, personally appeared SHA fVN ~J. LIBERA TOR, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained, IN WITNESS WHEREOF, I hereunto set my hand and off:cial seal. NOTARIAL SEAl MRISAJ.LEHMAN. NOTARY PUBLIC CARUSLE BORO., CUMBERlAND COUN'lY MY COMMISSION EXPIRES AUG. 25 2007 /;- /'j / I . !U v (,,{.; c:{ ~otary P - ( ~'1 " /'" h /t/1.1,t1 ;i,j ,J /1 1../ - v" \-t:- .... V'" \ 11 MICHELLE Y. PUGLIESE, Plaintiff/Respondent :IN THE COURT OF COMMON PLEAS :OF THE 41ST JUDICIAL DISTRICT :OF PENNSYLVANIA : CUMBERLAND COUNTY BRANCH :CIVIL ACTION - CUSTODY I II vs. SHAWN LIBERATOR, Defendant/Petitioner : NO . 03 - 5122 CERTIFICATE OF SERVICE I, Mary A. Etter Dissinger, Esquire, do hereby certify that a copy of the foregoing document has bElen duly served upon Michele Y. Pugliese, Plaintiff and Brian C. Bornman, Esquire, attorney for Plaintiff, by depositing same in the United States Mail, postage prepaid, addressed as follows: Michele Y. Pugliese 9878 Stage Coach Road Kutztown, PA 17530 Brian C. Bornman, Esquire Griffie & Associates 200 North Hanover Street Carlisle, PA 17013 Date: /() 1r-29 /oy , .' I --#f.~ (l~~+ 111ary A. Etter Dissinger ' ~R:P @'<C,t?\' ~Xcf X U:' CJ d o ~~; """','\ \-' :' :;~.. > ~ S::, '~;~ ;J, N c:;:::> c.~ .s:" C) ("') -. r"",' 1..0 o -n --\ -r: \-1\ .:;. -n, ~, u (.', ) , \ ,c, ~~; .,~ ~ J~ ~~; ~- :,J ~:.-~n , .: ':~ _i;:"' :,~ <.Ji C-,' MICHELLE Y. PUGLIESE PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. 03-5122 CIVIL ACTION LA W SHAWN LIBERATOR DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, November 04, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, December 02, 2004 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 ifthis cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children a,ge 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 existin1,!: Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearine. FOR THE COURT. By: Isl lacqueline M. Vemt'v, ESlJ. Custody Conciliator mhc 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 A TTORNEY 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 .~ ~ .~ ~~ ~ ;itl.,5'1/ ~ ~ -? ~?"" /;05/1 ~ ~ ~~~ N ;'05-/1 V;N\;Il\lA~M q,..j t f i. fl\'-"'-l i'; .~i;~- ~:.:7;. . IUl\l, 1\" \; ',' I ',~:1,~;1~nJ 92 :2 Hd S- AON ~OUl ~ L~';/I r~~ 'r.L~ J i r""",l t ~ :1'" 1 I"... ',",VI\\,;n..uw'J ,:"Jl'll ;:10 :18ij:i()-03-:jj MICHELLE Y. PUGLIESE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. SHAWN LIBERATOR, Defendant CIVIL ACTION NO. 2003-5122 IN CUSTODY PETITION TO WITHDRAW APPEARANCE AND NOW COMES, Dissinger and Dissinger, counsel for Shawn Liberator, and requests permission to withdraw as counsel and in support thereof avers as follows: 1. Petitioner is Dissinger and Dissinger and Karen L. Koenigsberg, an attorney associated with Dissinger and Dissinger. 2. Respondent is Shawn Liberator, Defendant in the within action. 3. On December 13, 2004, Respondent indicated to Dissinger and Dissinger he is no longer able to comply with the fee agreement he signed on October 12, 2003, evidencing the payment arrangements regarding Petitioner's services. 4. Respondent has outstanding legal fees and has failed to make payment on his account as per the fee agreement he signed on October 12, 2003. WHEREFORE, Petitioner requests that Defendant and Plaintiff's counsel herein relief requested should not be granted. a Rule be issued upon to show cause why the Respectfully Submitted, DI,: S)I, NGER & :r~SIN R \ ' .' \ M rY- [ )A t C\ Uf)r'. ~, Koenigs!:' rg, Esqu ~eh " Petitioner ~rE; Supreme Court ID# 85556 { 28 North 32nd Street V Camp Hill, PA 17011 (717) 975-2840 VERIFICATION I, Karen L. Koenigsberg, verify that the foregoing facts are true and correct. I understand that false statements herein are ~ade subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. } ~';'~j\Q)A ~J4en L. J " .~ sberg 0 ^1 (/ l' MICHELLE Y. PUGLIESE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. SHAWN LIBERATOR, Defendant CIVIL ACTION NO. 2003-5122 IN CUSTODY CERTIFICATE OF SERVICE I, Karen L. Koenigsberg, Esquire, do hereby certify that a copy of the foregoing document has been duly served upon Shawn Liberator Defendant, and Brian C. Bornman, Esquire, attorney for Plaintiff, by depositing same in the United States Mail, postage prepaid, addressed as follows: Shawn Liberator 1970 Spring Road Carlisle, PA 17013 Date: if) -1)6- () 'I Brian C. Bornman, Esquire Griffie & Associates 200 North Hanover Street Carlisle, PA 17013 // A) ,~CJAOA( li~ GtAru(lJv~ ~K~en L.~Sberg (- LJ ~""1 ...-, " ~:.:... .) q " ,,1 -'-- I 1 C'.' :-1 I i I" .. (' ;0 ,'I f'-.,) .. It , q c=) I ,:. .l I ," , ( .. , " -,-~ - 1 , " " \ C..) i I i f"'..) .. II MICHELE y. PUGLIESE, Plaintiff IN THE COURT OF COMMON PLEAS OF THE 41ST JUDICIAL DISTRICT OF P8NNSYLVANIA CUMBERLAND COUNTY BRANCH CIVI:L ACTION NO.03-5122 IN DIVORCE vs. SHAWN LIBERATOR, Defendant AFFIDAVIT OF ~\ILING COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF PERRY Mary A. Etter Dissinger, attorney for Defendant/Petitioner, being duly sworn according to law, says that she mailed by United States Certified Mail, Restricted Deli,rery, a true and correct copy of the Custody Complaint in this action to the Plaintiff/Respondent at her residence, and that Plaintiff/Respondent did receive same as evidenced by the signed receipt dated November 3, 2004, attached hereto as Exhibit "A". /J(~ a~ Mary;} Etter Dissinger Attorney for Plaintiff Supreme Court ID #27736 400 South State Road Marysville, PA 17053 (717) 957-3474 Sworn to and subscribed before me this 8th day of November, 2004. t4L~ (/. Notary Publ c NOTARfALSEAL lEtGH ANN SNYDER, Notary NlIic Marysvlne 80m, P8I'lJ.. County My Ccln1Imaslon ExpIres May 16,2005 II . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mail piece, or on the front if space permits. 1, Article Addressed to: U:l~ot. 'i. p~C~ Q'\1' ~~ ~ w-..~, PIt .I~9Sdl RESTRIC~ED ELIVERY , . ., 3. Service T}'pe IJ. Certified Mail D Registl~red D Insured Mail D Express Mail D Return Receipt for Merchandise DC.O.D, 4, Restrictecl Delivery? (Extra Fee) I!IL Yes 2 Article Number (Transfer from service label) 7or::t:> t:1S:IO ~l ogaI SSS1 PS Form 3811, August 2001 Domestic Return Receipt 102595-01-M-2509 EXHIBIT "All -., - :-- - c) f~-' 0 c:.:) f, (..::':'~ -11 ..J,.- .-1 -,.. -oi ...' ".. :1:-" ~! C') rn f" ...~ -nrn '2.' r"-' :::> 9 ~ ...0 ~1o '< ..,"- -rl P' ;- -IJ ?! J: ~:,') C) 2m ~ \ 9 c':) " }j .r:- ......;: I"'-> .< { ; ( ({ DEe 08 2004G MICHELLE Y. PUGLIESE, Plaintiff/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : CIVIL ACTION '. LAW SHAWN LIBERATOR, DefendantlPetitioner : NO. 2003-5122 CIVIL TERM : IN CUSTODY ORDER OF COURT AND NOW, this ,"^ day of ~ , 2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is sch~led in Court Room No. ~~, of the Cumberland County Court House, on the 7 day of mltl4A/I,,) ,2005, at8.o 3d /t. /Y1. o'clock, A... M., at which time testimony will be taken. For purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness, These Memoranda shall be filed at least ten days prior to the Hearing date. 2. The prior Order of Court dated December 29, 2003 shall remain in full force and effect with the following modifications and additions: 3. Paragraph 1 is deleted and replaced with the following: The Father, Shawn Liberator and the Mother, Michelle Y. Pugliese, shall have shared legal custody of Schylar W. Liberator, born April 9, 2003 and Sophia Marie Liberator, born June 11, 2004. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 4. Paragraphs 2 and 3 are deleted. They are replaced with the following: The parties shall share physical custody of the children on a week on/week off basis. The exchange date and time shall be Tuesday at 7:00 p.m. Father shall have physical custody of the children from Saturday, December 4,2004 at 8:00 a.m. through Tuesday, December 14,2004 at 7:00 p.m. at which time the schedule shall thereafter alternate week to week. 5. The parties shall cooperate with a custody evaluation conducted by Dr. Stanley Schneider. Father shall advance all expenses with the understanding that the Court will ultimately allocate said expenses among the parties. 6. Paragraph 7 is modified from a three-hour period to a nine-hour period, In the event the non-custodial parent intends to exercise their right to care for the child, they shall be responsible for all of the transportation. 7. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. Edward E. Guido, 1. cc~aren Koenigsberg, Esquire, counsel for Father vl3rian Bornman, Esquire, counsel for Mother D~ \ f),:' \Il) '. " '" ~ l' \ :C\::' )~f\!(""l;,'-~ --~ .. -"ir!J I 0 .\ II.! n \ '1-;0 l-of'flZ ~: ( '\ 1-;;...1 u . \..J _..:' iu\o- ;:Ji ~O MICHELLE Y. PUGLIESE, Plaintiff /Respondent : IN THE COURT O)r COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : CIVIL ACTION - I.lA W SHAWN LIBERATOR, Defendant/Petitioner : NO. 2003-5122 CIVIL TERM : IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. CUSTODY CON CILIA TION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Sophia Marie Liberator Schylar W. Liberator June 11,2004 April 9, 2003 Mother Mother 2. A Conciliation Conference was held December 2, 2004 with the following individuals in attendance: The Father, Shawn Liberator, with his counsel, Karen Koenigsberg, Esquire, and the Mother, Michelle Y. Pugliese, with her counsel, Brian Bornman, Esquire. 3. The Court previously entered an Order on December 29,2003 regarding Schylar W. Liberator. Following that Order of Court the parties reconciled and Sophia was born to the parties. Father is seeking an Order to include Sophia and seeking to modify the prior Order of Court regarding Schylar. The prior Order of Court provided for shared legal custody with Mother having 4 overnights per week and Father having 3 overnights per week, from Friday at 8:00 a.m. to Monday at 8:00 a.moo 4. Father's position on custody is as follows: lFather seeks shared legal and primary physical custody, although he would accept shared physical custody on a week on/week off basis. Father maintains that Mother relocated with the children to Reading, Pennsylvania, without his agreement or Order of Court. The relocation makes it difficult for him to exercise his Friday daytime custodial period du(: to the travel time and his work schedule. He asserts that Mother is mentally unstabh~. Father is willing to participate in a custody evaluation and will pay for said evaluation, but asks to Court to ultimately allocate the costs thereof. 5. Mother's position on custody is as follows: Mother seeks shared legal custody and primary physical custody with Father having an alternating weekend schedule. Mother maintains that Father was abusive to her and his home is not a healthy environment for the children. Mother was willing to agree to a week on/week off schedule but disagreed with Father's choice of babysitter. Mother agrees to participate in a custody evaluation, 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and granting the parents shared legal custody and shared physical custody on a week on/week off basis. It is expected that the Hearing will require one day. 1),,-3 -uy Date ~~ I-t. ~~, cqu ine M. Verney, Esquue Custody Conciliator II I, MICHELLE Y. PUGLIESE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. SHAWN LIBERATOR, Defendant CIVIL ACTION NO. 2003-5122 IN CUSTODY PRAECIPE To the Prothonotary: Please withdraw the Petition to Withdraw the appearance of issinger and Dissinger filed December 20, 2004, in the above captioned case. Respectfully Submitted, DISSINGER AND DISSINGER / ~, L,'/ ~I~~~n~~ 28 North 32~ Street Camp Hill, PA 17011 (717) 975-2840 II MICHELLE Y. PUGLIESE, Plaintiff IN THE COURT OF COMMON PLEAS OF Cill1BERLAND COUNTY PENNSYLVANIA vs. SHAWN LIBERATOR, Defendant CIVIL ACTION NO. 2003-5122 IN CUSTODY CERTIFICATE OF SERVICE I, Karen L. Koenigsberg, Esquire, do hereby certify that a copy of the foregoing document has been duly served upon Shawn Liberator Defendant, and Brian C. Bornman, Esquire, attorney for Plaintiff, by depositing same in the United States Mail, postage prepaid, addressed as follows: Shawn Liberat.or 1970 Spring Road Carlisle, PA 17013 Brian C. Bornman, Esquire Griffie & Associates 200 North Hanover Street Carlisle, PA 17013 ate: \ 11 /0 S- f ~n ,......, 0 (') <=> ".'-- = -n c..n .-1 "'r-' <- I" :D- rn- 1--. Z In I =?S9 , .. --l (::), (j '~:-J I' :, ~ ~;?F5 ,- .' -- ;~ in ;.> r;~; co ::-1 "V~ .....,. - ~ -, .... .~~ -( W " JAN 1 9 2005 c{\ >i> vs. IN THE: COURT OF COMMON PLEAS OF THE: 41sT JUDICIAL DISTRICT OF PE:J\lNSYLVANIA CUMBg'<.LAND COUNTY BRANCH CIVIL ACTION - CUSTODY MICHE:LLE Y. PUGLIESE, Plaintiff SHAWN LIBERATOR, Defendant NO. 03-5122 ORDER AND NOW this ~I.~day of ~f.W.......y ORDERED and DECREED that the hearing scheduled for February 7, 2005, I jat 8:30 a.m. is continued. The hearing is rescheduled , 5 of the Cumberland County Courthouse on the /"It 'C- ' 2005 at g':' 3D ~ ,m, , 2005, it is hereby in.;i.ourtroom f.. day of J. Sf: :8 i~:j LZ N~r SOOZ !~,bVl.U.: 1'C)H1Cbd :THl :10 3Jlj3C}-O:JlH " vs, IN THE COURT OF COMMON PLEAS OF THE 41sT JUDICIAL DISTRICT OF PENNSYLVANIA CUMBERLAND COUNTY BRANCH CIVIL ACTION - CUSTODY MICHELLE Y. PUGLIESE, Plaintiff SHAWN LIBERATOR, Defendant NO. 03-5122 MOTION FOR CONTINUANCE AND NOW, by and through his attorneys, Dissinger and Dissinger, Defendant avers as follows: 1, A custody hearing is scheduled for February 7, 2005, in the above captioned matter, 2. The Order of Court dated December 8, 2004, which was issued after a conciliation conference, states that the parties shall cooperate with a custody evaluation conducted by Dr, Schneider, 3. Defendant was ordered to advance all expenses with the understanding the court would ultimately allocate said expenses among the parties. 4, Due to financial difficulties, Defendant was unable to provide payment for the evaluation until recently. 5, Defendant's first appointment with Dr. Schneider is on February 2, 2005. 6. It will be impossible for the evaluator to issue a report prior to the scheduled hearing on February 7, 2005, 7. Defendant moves to continue the hearing in this matter until II the custody evaluation is completed, 8. Counsel for mother, Brian C, Bornman, concurs with this motion. 9, Dr, Schneider is out of the office for a portion of January and February and his office indicates that it will take at least ninety (90) days form the start of the custody evaluation for a final report to be issued. WHEREFORE, Defendant respectfully requests this Honorable Court to continue the hearing scheduled in this matter pending receipt of the custody evaluation report. Respectfully Submitted, DISSINGER AND DISSINGER } ~ .~/ /, , i! i, en. A torney for Defendant! Supreme Court ID #8555 28 North 32nd Street Camp Hill, PA 17011 (717) 975-2840 II VERIFICATION I, Karen L. Koenigsberg, verify that the foregoing facts are true and correct, I understand that false statements herein are made subject to the penalties of 18 Pa.C,S, ~4904, relating to unsworn falsification to authorities. J brn II il MICHELLE y, PUGLIESE, Plaintiff vs, IN THE COURT OF COMMON PLEAS OF THE 41sT JUDICIAL DISTRICT OF PENNSYLVANIA CUMBERLAND COUNTY BRANCH CIVIL ACTION - CUSTODY SHAWN LIBERATOR, Defendant NO. 03-5122 CERTIFICATE OF SERVICE I, Karen L, Koenigsberg, Esquire, do hereby certify that a copy of the foregoing document has been duly served upon Brian C. Bornman, Esquire, attorney for Plaintiff, by depositing same in the United States Mail, postage prepaid, addressed as follows: Brian C, Bornman, Esquire Griffie & Associates 200 North Hanover Street Carlisle, PA 17013 Date: (~/r-(}s / ?h/ , " K r,m L, ~,:J , " (... <: /1 .....1, ~-,: -r y-;; cJ -., (I': ...... .;:. ~ ------ v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW MICHELLE y, PUGLIESE, Plaintiff SHAWN LIBERATOR, Defendant : NO. 2003-5127/ CIVIL TERM : IN CUSTODY PETITION FOR SPECIAL RELIEF AND NOW comes Petitioner, Micehlle Pugliese, by and through her counsel of record, Brian C, Bornman, Esquire, and the law firm of Griffie and Associates and petitions the Court as follows: I, Petitioner is the above named Plaintiff, Michelle Pugliese, an adult individual currently residing at 9878 Stagecoach Road, Kempton, Berks County, Pennsylvania. 2, Respondent is the above named Defendant, Shawn Liberator, an adult individual currently residing at 966 Mount Rock Road, Carlisle, Cumberland County, Pennsylvania, 3, The parties are the natural parents of two (2) children, namely, Schylar W, Liberator, born April 9, 2003, and Sophia Marie Liberator, born June 11,2004, 4, A custody stipulation concerning Schylar Liberator was executed by the parties and signed into Order of Court dated December 29, 2003, A copy of this Order is attached hereto and incorporated herein by reference as exhibit "A", Paragraph 12 of this Order prohibited either parent from consuming alcohol to the point of intoxication while the children were in their custody. 5, On October 29, 2004, Defendant! Respondent filed a custody complaint to address custody of both children, 6, A custody conciliation was held with Jacqueline M, Verney, Esquire on December 2, 2004, The Order resulting from this conciliation is attached hereto and incorporated herein by reference as Exhibit "B", 5, The Order dated December 8, 2004, attached as Exhibit "B", modified the prior Order but left intact paragraph 12 which prohibits either custodial parent from consuming alcohol for a period of time eight hours prior to any periods of custody. 6, On Tuesday, February 9, 2005, Petitioner and another person came to pick up the children at Respondent's residence, 7, Respondent arrived at the residence with the children, Respondent was highly intoxicated to the point that he was swaying when he walked and slurring his speech, 8 The condition of Respondent was observed by another person, An affidavit has been executed by that person and is attached hereto and incorporated herein by reference as exhibit "C". 9, Petitioner observed the children to be transported by Respondent without be secured in child seats or buckled in to the vehicle, I 0, Respondent reeked of alcohol and became belligerent to Petitioner, calling her names in front of the children, 11. Petitioner is extremely concerned that Respondent is driving with the children when he is severely intoxicated and the children are not fastened in their seats, It is particularly concerning that Respondent was this intoxicated when he knew Petitioner would be coming to pick up the children and this behavior was addressed in a previous court Order. 12, Attorney for Defendant! Respondent has been provided with a copy of this petition on February 11, 2005 and was advised that it would be filed on Monday February 14, 2005, WHEREFORE, Petitioner requests your Honorable Court to enter an Order modifying the Custody Order dated December 8, 2004 to provide that Respondent shall have no unsupervised visitation with the children until further Order of Court and that visitation shall be supervised by Respondent's parents as set up between the parties, Further, Petitioner requests that Respondent be ordered to participate in a drug and alcohol evaluation and follow through with any recommendations, Respectful1y submitted, ~~~7 Brian C, Bornman, Esquire Attorney for PlaintifJlPetitioner GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, P A 17013 (717) 243-5551 (800) 347-5552 -F~b 09 05 04:4210 Grlffi~ & Assooiates 7172435063 p.6 VERIFICA nON I verify that the statements made in the foregoing document ate true and correct. I lInderstand that falsc statements herein arc made subject to thc pcnaIties of 18 Pa,C.S, Scction 4904, relating to unsworn falsifications to authorities. DATE:kh Cj,QC05 '-t'~ \ .. MICHELLE PUGLIESE MICHELLE Y. PUGLIESE, Plaintiff fN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION - LA W SHA WN M. LIBERA TOR, Defendant NO, 2003-5122 IN CUSTODY ORDER OF COURT AND NOW this ~c,t- day of ~ Stipulation and Agreement is hereby made an Order of Court. !lEe 2 "' 2003 CfVIL TERM , 2003, the attached Custody J. " ~':;~ ~:~:c:()r{'~ ~-:.i T 0;~t~lT,"::n~1 ~.,. .,- ' ,,,,,y... ":" ~:-~/I~ ~'~, r ,:1 ""..' ,f ~- ~ ~ -;'''''''. '.>..,. ...,,~ 'n'-' " . ~,' '!',,,... .~'~j \I- ~lOiil'. cc: Brian C. Bomman, Esquire Attorney for Plaintiff Mary A, Etter Dissinger, Esquire Attorney for Defendant t ,:~~ All . ...~... ;..~.~ '::Cl~~:.i.i,e "fl"mr?) ',"- '& ",:,-,'-' - ~Zf i ll. MICHELLE Y. PUGLIESE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACT10N - LAW SHA WN M, LlBER.A TOR, Defendant : NO, 2003-5122 : IN CUSTODY CIVIL TERM ORDER OF COURT AND NOW this day of , 2003, the attached Custody Stipulation and Agreement is hereby made an Order of Court. BY THE COURT, 1. cc: Brian C. Bornman, Esquire Attorney for Plaintiff Mary A. Etter Dissinger, Esquire Attorney for Defendant M1CHELLE y, PUGLIESE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW SI-IA WN M, LIBERA TOR, Defendant : NO. 2003-5122 : IN CUSTODY CIVIL TERM r-",_, ~:',~ c) '_<.J -I") :-"..' -.-, THIS STIPULATION AND AGREEMENT entered into the day and year hereina~r s~;';;:! :' J 1-(1 , i......J. "~:' f0l1h, by and between MICHELLE Y PUGLIESE, (hereinafter referred to as "Mother':) atid<;' CUSTODY STIPULATION & AGREEMENT SHA WN M LIBERATOR, (hereinafter refened to as "Father"), ,," ~- I/i WHEREAS, the par1ies are the natural parents of one child, namely Schyler Wyatt Liberator, hom April 9,2003, (hereinafter refened to as "Child"); and WHEREAS, the parties live separate and apart, and wish to enter into a comprehensive stipulation and agreement relative to physical and legal custody of their Child, NOW THEREFORE, in consideration of mutual covenants, promises and agreements as hereinafter set forth, the parties stipulate and agree as follows: 1. Mother and Father shall have shared legal custody of the child, 2, Mother shall have primary physical custody of the child, 3, Father shall have periods of partial physical custody of the child at the following times: a,) Every weekend beginning on Friday at 8:00 a,m. and ending on Monday at 8:00 a.111.; b,) At other times as the parties may agree, 4, The party receiving cllstody of the child wil1 provide transportation. 5, The parties agree that the non-custodial parent shall be entitled to reasonable telephone contact with the child without interference or monitoring by the custodial parent. 6. Holidays shall supercede the custodial schedule as set forth above and custody shall be shared between Mother and Father as follows: a, The parties shall alternate New Years Day, Easter, Memorial Day, July 4t\ Labor Day and Thanksgiving, with the holiday beginning at 8:00 a,m, and ending at 8:00 p,m, on the holiday, In all even numbered years Father shall have the holidays of New Years Day, Memorial Day, and Labor Day and Mother shal1 have Easter, July 4th and Thanksgiving, In all odd numbered years, Father shall have Easter, July 4t\ and Thanksgiving and Mother shall have New Years Day, Memorial Day and Labor Day, b,) For the Christmas holiday shall consist of Block A and Block B and the Blocks shall be rotated from year to year. Block A: Deccmber 24th at 2:00 p.m. until Christmas Day (December 25th) at 2:00 p,m, Block B: Christmas Day (December 25th) at 2:00 p.m. lll1til December 26th at 2:00 p,m, In all even numbered years, Father shall have Block A and Mother shall have Block B, In all odd numbered years Father shall have Block B and Mother shall have Block A. 7, If during Mother's or Father's period of custody a parent is unable to directly care for the child and must malce anangements for a baby-sitter for a period of three (3) hours or more, the non-custodial parent shall have the right of first refusal to provide care for the child and the custodial parent shall make reasonable efforts to contact the non- custodial parent and make the child available for the non-custodial parent to care for the child during this time, 8, The child shall always be with the Mother on Mother's Day and with Father on Father's Day, Such periods of custody sha11l1ln from 8:00 3.m, until 8:00 p,m, on their respective holiday, 9, On the child's birthday, the non-custodial parent shal1 be entitled to a three (3) hour period of custody which shall be ananged by the parties, ] 0, The parties shall keep each other advised in the event of serious illness or medical emergency conceming the child and shall fuliher take any necessary steps to ensure that the health and well-being of the child is protected, During such illness or medical emcrgcncy, both parties shall have the right to visit the child as often as he or she desires consistent with the proper medical care of thc child, I]. Neither parent shall do anything which may estrange the child from the other party, injure the opinion of the child as to the other party, or which may hamper the free and natural development of the child's love and affection for the other party. 12, During the periods of custody and for a period of time eight (8) hours prior to the periods of custody, the custodial parent shall not consume alcohol or other drugs to the point of intoxication and shall make every effort to ensure that other people in the household do not consume alcohol to the point of intoxication, 13, Any modification or waiver of any of the provisions of this Agreement on a permanent basis shall be effective only if made in writing, and only if executed with the same formality as this Stipulation and Agreement. 14, The parties desire that this Stipulation and Agreement be made an Order of Court of the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Conmlon Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor child, 15, The parties stipulate that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other party, 16, Tbe parties aelmowledge that they havc read and understand tbe provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue inDuence. IN WITNESS WHEREOF, The parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and ycar hereinafter mentioned, WITNESSETH: . ~':::' J ~~/? .. ",/ /> /2;:/ .. h".... ( ,~~~---- , Ii" \ i r:,,., J"-j\.....)l.~-"" l/(",,( &1 }"j!2.'YV'- I ( .... p-,72--o~_~~-? Date SHAWNM, LIBERATOR COMMONWEAL TI-I OF PENNSYLVANIA COUNTY OF 'I , j".' ,.' (VI WI )(,!t1lld 1'~!del ;\ " >-f-. day of 1) (I~: {i.! bu , 2003, before me, the undersigned On this officer, personally appeared MICHELLE Y. PUGLIESE, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained, IN WITNESS WHEREOF, I hereunto set my hand and official seal. - h - . , ',I till/iliA !~\ .,)~iU'1fJ{A.A . J ../ IV" Nbtal)' Publi ' lIOtMltAl. SEAL U9UC ~I.LEHMAN, N~1t~~ COUNl'I CNlUSlE 9QftO., Bl~:r.s ~UG, 25 2001 I!'f COMMISSION '" COMMONWEALTH OF PENNSYLVANIA COUNTY OF (~t~\I\bC/IOin&( 0/ ' On this ;a,JO:day of !le.u Iv? DCf , 2003, before me, the undersigned officer, personally appeared SHA WN M. LIBERATOR, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained, IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL SEAL !{AWl. LEHMAN, NOTARY PUBLIC CARUSLE BOllO" CUMBERLAHO COUNl'I MY COMMISSIOH EXPiRF-s AUG, 25 2007 ftUM(/! I Notary P , ,.r .") M01/L.e,w\ DEe 0 3 2004 IS. (;( MICHELLE Y. PUGLIESE, PlaintifflRespondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PE!'.'NSYLVANIA V. : CIVIL ACTION - LAW SHAWN LIBERA TOR, Defendant/Petitioner : NO. 2003-5122 CIVIL TERM : IN CUSTODY ORDER OF COURT AND NOW, this ,rf^. day of ~ ,2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I, A Hearing is scheduled in Court Room No, .;:;- , of the Cumberland County Court House, on the 7'th day of I-Ultv./l/?-~005, at8 '. 30 ..-'I, /n. o'clock, jl, M" at which time testimony will be taken, For purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony, Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a sununary of the anticipated testimony of each witness, These Memoranda shall be filed at least ten days prior to the Hearing date, 2, The prior Order of Court dated December 29, 2003 shall remain in full force and effect with the following modifications and additions: 3, Paragraph 1 is deleted and replaced with the following: The Father, Shawn Liberator and the Mother, Michelle Y. Pugliese, shall have shared legal custody of Schylar W, Liberator, born April 9,2003 and Sophia Marie Liberator, born June 11, 2004, Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion, 4, Paragraphs 2 and 3 are deleted, They are replaced with the following: The parties shall share physical custody of the children on a week on/week offbasis, The exchange date and time shall be Tuesday at 7:00 p,m, Father shall have physical custody of the children from Saturday, December 4,2004 at 8:00 a,m, through Tuesday, December 14, 2004 at 7:00 p,m, at which time the schedule shall thereafter alternate week to week, 5, The parties shall cooperate with a custody evaluation conducted by Dr. Stanley Schneider. Father shall advance all expenses with the understanding that the Court will ultimately allocate said expenses among the parties, \'B " 6, Paragraph 7 is modified from a three-hour period to a nine-hour period, In the event the non-custodial parent intends to exercise their right to care for the child, they shall be responsible for all of the transportation, 7, The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. Edward E, Guido, 1. cc: Karen Koenigsberg, Esquire, counsel for Father Brian Bornman, Esquire, counsel for Mother MICHELLE Y. PUGLIESE, PlaintifflRespondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW SHAWN LIBERATOR, Defendant/Petitioner : NO. 2003-5122 CIVIL TERM : 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: I, The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Sophia Marie Liberator Schylar W, Liberator June 11, 2004 April 9, 2003 Mother Mother 2, A Conciliation Conference was held December 2, 2004 with the following individuals in attendance: The Father, Shavm Liberator, with his counsel, Karen Koenigsberg, Esquire, and the Mother, Michelle Y. Pugliese, with her counsel, Brian Bornman, Esquire, 3, The Court previously entered an Order on December 29,2003 regarding Schylar W, Liberator. Following that Order of Court the parties reconciled and Sophia was born to the parties, Father is seeking an Order to include Sophia and seeking to modify the prior Order of Court regarding Schylar, The prior Order of Court provided for shared legal custody with Mother having 4 overnights per week and Father having 3 overnights per week, from Friday at 8:00 a,m, to Monday at 8:00 a,m.. 4. Fatller's position on custody is as follows: Father seeks shared legal and primary physical custody, although he would accept shared physical custody on a week on/week offbasis. Father maintains that Mother relocated with the children to Reading, Pennsylvania, without his agreement or Order of Court, The relocation makes it difficult for him to exercise his Friday daytime custodial period due to the travel time and his work schedule. He asserts that Mother is mentally unstable, Father is willing to participate in a custody evaluation and will pay for said evaluation, but asks to Court to ultimately allocate the costs thereof, 5, Mother's position on custody is as follows: Mother seeks shared legal custody and primary physical custody with Father having an alternating weekend schedule, Mother maintains that Father was abusive to her and his home is not a healthy environment for the children, Mother was willing to agree to a week on/week off schedule but disagreed with Father's choice of babysitter. Mother agrees to participate in a custody evaluation, 6, The Conciliator recommends an Order in the form as attached scheduling a Hearing and granting the parents shared legal custody and shared physical custody on a week on/week off basis, It is expected that the Hearing will require one day, IJ- - :rL "/ Date /-vu-,L I-t, (;~''->' '. cqu ine M, Verney, Esquire Custody Conciliator Feb 09 05 04:42p Griffie ~ Rssociates 7172435063 p.8 AFFIDAVIT And now, this ~~_ day or fe....,.."','t ' 2005, comes Melinda Oldt, of Kempton, Berks County, Pennsylvania, and states the following: .,.,...0. 1, On February 8'h, 2005, I.-drove Michene PugJicsc to pick up her children at the residence of Shawn Libemtor. 2, Mr, Liberator drovc to the residence with his children ill the vehicle. 3, Mr. Liberator was intoxicated to the point that he WdS having difficulty walking stf'<light and he reeked of alcohol. DATE: z.-o~-o:r ~ ()/J+.- -' Melinda Oldt Sworn and subscribed to befo~me this ~A day of €bR..lJ.q~, 2003, ../J- ARYPUBLlC N01arlal Seal Marie A, D'Amico, Notary Public City of Reading, Berks County My CommlSlJion Expires June 27, 2005 Member, PennsylvaniaAsscdatloootNotaries " // C v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW MICHELLE y, PUGLIESE, Plaintiff SHAWN LIBERATOR, Defendant : NO, 2003-51222 CIVIL TERM : IN CUSTODY CERTIFICATE OF SERVICE I, Brian C. Bornman, Esquire, hereby certify that I did, the /lit day of February, 2005 cause a copy of PlaintifflPetitioner's Petition for Special Relief to be served upon Defendant by Facsimile and first class mail at the following address: Karen Koenigsberg, Esquire Dissinger & Dissinger 400 South State Road Marysville, P A 17053 7 DATE: ,;2 - /I-Q 5 -z: /-:7 r;=' ~ ---~ /~. ......... .~_/ / ,,"' , <7 ,~~~ ~cc-~~_~ Brian C, Bornman, Esquire Attorney for PlaintifflPetitioner GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, P A 17013 (717)243-5551 (800)347-5552 .? FEB 1 4 2005r MICHELLE y, PUGLIESE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION - LAW SHA WN LIBERATOR, Defendant NO, 2003-512~t CIVIL TERM IN CUSTODY ORDER OF COURT AND RULE TO SHOW CAUSE AND NOW this 14a... day of ~ ' 2005, upon presentation and consideration of the within Petition, it is hereby ORDERED and DECREED that: 1. A Rule is hereby issued upon the Defendant/Respondent, Shawn Liberator, to show cause, if any he has, as to why PlaintifflPetitioner, Michelle Pugliese, is not entitled to the relief requested; - 2. TIKIUicu Q.d~l~ &f"{:9I1Jt allan ~fl Rl8difitd .._...h.thAt ~I'UDueDI snail DAn,nO - ..u~ut''''. y;;:,,,d yl.-:ll;b.l~uu nab. tb... childlLB IIllftl fill (liLY (lad...,. vC C.......t. ~. l&.e8,88"4....'.:, y;.,i~lb.,u :lhall b" 3U.P'=' 'Y~\id bJ' ~I'uud~ur" 1'..ICUUJ.5 aunluged bc::n't't:cn the pili t&lt. - 4. lh-i3pUUdICUI sbau pamclpate In a UJ ug nud .kuhullC"lthu(uuu. llIud .,h.dl rvH.....~ ..bruugn OD any J et.:uUlJlu;ud...th.u.13o r J. l-la:ln(ulIKt:;,pvudcUl. ~u:dl Pi1.... ,"0 /~~........l ~5 Pl!ti.:n~~ ..lthift tl"'OI1~ (3.9) ill!3"s j]f Ol~ illl.tp1P -JAg bl'efes8ant"P.it;-:-lWr; 6. TILt: Pt:dtlon shall bt: d\;",id",d uud"'J Y a.K.C.F.l~v.16o.'1, ....... 7, a....pV.3~Gvu'" ...L~l h.... ....vUlpl"'t""d ..:ti.:u 40~ fir tl._ .::n.'..:....... 4'68' ~Cl-CIl<tuIU}lcllauu""J ufdJl,; alL3H'.H t~ tho '9&811. ~" .." .. II,,, 00 W"" :.....,. ,... It. +1"" of , 2005, at ,..t)/) ~,m, in Courtroom #~ of the Cumberland County Cou ouse, Carlisle, Pennsylvania. ~ _ 9. If JtalRB 1 ..ul € _b,,..,,,, W~ ICll manK. depOSition and/or argument will be conSidered upon IDe ~ l~ueStulmJY ycul"'. BYT J, en cc: Brian C, Bornman, Esquire Attorney for Plaintiff/Petitioner - ~'.;- ~ Karen Koenigsberg, Esquire (7 Attorney for Defendant/ Respondent .- "1f1",: ~ 'c( c9.,p# 0 J ---- ) ;J. /' '1/ a if' ;;- '.'.1 '-I I,,;:> - MICHELLE y, PUGLIESE, Plaintiff : IN THE COURT OF COMMON PEAS OF : CUMBERLAND COUNTY, PENNS LV ANIA : CIVIL ACTION - LAW vs. SHAWN M, LIBERATOR, Defendant : NO, 2003.5122 CIVIL TERM : IN CUSTODY CUSTODY STIPULATION AND AGREEMENT THIS STIPULA TI ON AND AGREEMENT entered into the day and year ereinafter set forth, by and between MICHELLE Y. PUGLIESE, (hereinafter referred to as "Mother") and SHAWN M, LIBERATOR, (hereinafter referred to as "Father"), WHEREAS, the parties are the natural parents of two (2) children, nal ly Schyler Wyatt Liberator, born April 9, 2003 and Sophia M, Liberator, bornJune 11, 2004 ereinafter referred to as "Children"); and WHEREAS, the parties live separate and apart, and wish to e er into a comprehensive stipulation and agreement relative to physical and legal cust dy of their children. NOW THEREFORE, in consideration of mutual covenants, promises and greements as hereinafter set forth, the parties stipulate and agree as follows: 1. Mother and Father shall have shared legal custody of the tw (2) minor children, Schyler Wyatt Liberator and Sofia M. Liberator. Each parent shall h e an equal right to be exercised jointly with the other parent to make all major non-emerge y decisions " affecting the children's general well-being, including, but not limited to, al decisions regarding their health, education and religion, 2. The parties shall share physical custody of the minor children on week-on! week-off basis, The exchange date and time shall be Monday at 7:00 p,m. he party I , ~ Ii, receiving custody of the children will provide transportation, absent any agreemen~lotherwise, 'i 3, The parties shall alternate the following holidays: Easter, Me orial Day, Independence Day, Labor Day and Thanksgiving from 8:00 a,m. until 8:00 p, , In even numbered years, Father shall have New Year's Day, Memorial Day and Labor ay in even numbered years and Mother shall have Easter, Independence Day and Thanks ving, The parties shall continue to alternate the above-schedule thereafter. 4. The parties shall alternate the Christmas holiday, The Christmas hedule for the year 2005 shall be as follows: Mother shall have Christmas Eve from 2:0 p,m. until Christmas Day at 2:00 p.m.. Father shall then have custody of the children on Ch istmas Day ,I at 2:00 p.m. until 2:00 p,m, December 26th, This schedule shall alternate each ~ear; 5, Father shall have custody of the children on Father's Day and , other shall have custody of the children on Mother's Day at times to be decided by the pa ies. 6. On the children's birthdays, the non-custodial parent shall be titled to a three.hour period of custody which shall be arranged by the parties. \\P400 _bCl'Ver\rowc Jawuffi'LFoldcrs _ 3800 _to _ 3999\381S-r\custodystipJorm.wpd 2 J,_ 7. The parties agree that the non-custodial parent shall be entitled to asonable telephone contact with the minor children without interference or monitor' g by the custodial parent, 8, If during Mother's or Father's periods of custody the custodial pare is unable to directly care for the children and must make arrangements for a babysitter for period of twenty-four (24) hours or more, the non-custodial parent shall have the right-of- st-refusal to provide care for the children and the custodial parent shall make reasonabl efforts to contact the non-custodial parent and make the children available for the no -custodial parent to care for the children during this time, 9, There shall be no consumption of alcohol by either parent during t ir periods of physical custody, 10, During periods of custody or partial physical custody, neither p rent shall criticize, ridicule or hold up for derision the other parent, Nor shall either par t permit, encourage or tolerate any such criticism, ridicule or derision in any way directed gainst the other parent by any third party in the presence of or at the residence in which t e children or child, as the case may be, reside, 11. Both parties acknowledge that the right of custody shall not inclu the right to enter the other party's home unless specifically invited therein by the other par ,Neither party shall use derogatory language or loud language when addressing the other arty. \ \P400 _ server\rowe Jawnffi\.. Folders _ 3800 _ to _ 3999\3818-'r\custodystipJorm. wpd 3 12, In the event of any serious illness of the child/children at any tim any party then having custody of the child/children shall immediately communicate wit the other party by telephone or by any other means, informing the other party as to the na re of such illness, and during such illness, each party shall have the right to visit the child hildren as he or she desires consistent with the property medical care of the child/childreq 13, Neither patty shall alienate nor permitor attempt to alienate the ch d/children from the other party, While in the presence of the child/children, neither paren shall make any remarks or do anything which is derogatory or uncomplimentary to the othe and it shall be the duty of each parent to uphold the other parent as one whom the chil en should respect and love. 14. Any modification or waiver of any provision of this Agreement on pernlanent basis shall be effective only if made in writing and only if executed with the sa e formality as this Stipulation and Agreement. However, it is the specific intent of the rties to be I flexible with their respective periods of physical custody, Neither party shall ullreasonably withhold their consent to a request to change times or dates under this order if ppropriate notice is given, 15, Both parties acknowledge and desire that this Agreement may e made an Order of the Court of Common Pleas of Cumberland County, Pennsylvania nd further \\P400 _,crvcr\rnwc Jaw(.>ffi~Foldcrs _ 3800 _to _3999\381S-r\custoJystipJorm.wpd 4 acknowledge that the Court of Common Pleas of Cumberland County, Pennsy ania does have jurisdiction over the issue of custody of the parties' minor children, 16, Each party to this Agreement acknowledges and declares that he or she respectively: A. Acknowledge that they have read and understand the provi' ons of this I Agreement. Each party ackno\j'ledges that the Agreement is fair and equitable nd that it is not the result of any duress ot undue influence; B, Enters intd this Agreement voluntarily after receiving such dvice as he or she may desire; C. Has given j:areful and ma ture thought to the making of this greement; D, Has carefJlly read each provision of this Agreement and this greement has been made available to him and her in advance of such signing; E. Fully and 'completely understands each provision of this greement, both as to subject matter and legal effect; and F. There has been no fraud, concealment, overreaching, coerc n, or other unfair dealing on the part of th(e other party, IN WITNESS WHEREOF, the parties have hereunto set their hands and eals the day and year first above written, \\NOD _servcr\rowe Jawoffi\Jolders _ 3800 _ to_ 3999\3818-r\custodystipJorm.wpd 5 Signed, sealed and delivered in the presence of: ~/V e=~(j/l1/)/ Ann E, Endres, Esquire AttJrney for Plaint' , ,] "- \\NOD _~crvcr\rowe _lawoffi~Folders _ 3800 _to _ 3999\381S-r\cu~toJystip.form.wpd 6 r' \, Shawn M. Liberator, Defenda .t CERTIFICATION OF ADDRESSES I, Ann E, Endres, Esquire, do hereby certify the following to be the names an addresses of the parties and/or attorneys of record to be mailed a true and correct copy of the Custody Stipulation and Agreement: Ann E. Endres, Esquire Rowe Law Offices, P,C. 1150 Berkshire Boulevard, Suite 225 Wyomissing, PA 19610 Karen ~. Cummings, Esquire 28 N, 32 Street Camp Hill, PA 17011 ROWE LAW OFFICES, P.c. Bt;/X/ ~ y1lQ;L/~ Ann E, Endres, Esquire Dated:f)lMcA 3 D ,2005 \\P400 _ server\rowc _lawoffi'LFolders _ 3800 _to _3999\3818-r\!::ustodystipJorm.wpd 7 Ii .! o C -:Jf:-i: n\\1-1 ~.,,, :J~ t:;.( th/.~ / ' ,''::~C: ,,-... ~{'=; ""C~ ~ '"'" - ...> ~ ~ ?O I <.Jl -0 ~. -" ~ ~-n rl1i::::::: ..,.,.-n :ny C~>~ ><rl', , , ':<1. -7~" :iJ ."" 19 1'-' cP - vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY j PENNSYLVANIA : CIVIL ACTION . LAW : NO. 2003-5122 CIVIL TE~ : IN CUSTODY MICHELLE Y. PUGLIESE, Plaintiff SHAWN M, LIBERATOR, Defendant ENTRY OF APPEARANCE TO THE DOCKETING DIVISION OF THE DOMESTIC RELATI NS SECTION: Kindly enter the appearance of Ann E, Endres, Esquire and Ro e Law Offices, P.C" Attorneys for Michelle Y. Pugliese, Plaintiff, in the above-captioned ma ter, Papers, process and notices in this case may be served at the following address: Rowe La Offices, P.e., 1150 Berkshire Boulevard, Suite 225, Wyomissing, Pennsylvania 19610, I I ROWE LAW OmeES, P-f BY:{}vv~M/) Ann E, Endres, Esquire . Attorney LD. No. 79101 1150 Berkshire Boulevard, uite 225 Wyomissing, PA 19610 (610) 478-7725 Attorneys for Plaintiff Dated: -(n(jAdL/c30 ,2005 ,,, ':~ C::'J <.n n ':'h ::;;:",. -';} AJ +-1 I 1'-.1 (--, RECEIVED APR 061005 if) ;f MICHELLE y, PUGLIESE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW vs. SHAWN M. LIBERATOR, Defendant : NO. 2003-5122 CIVIL TERM : IN CUSTODY ORDER AND NOW, to wit, this ~ . 1 daYOf~ , 2005, upon consideration of the attached Stipulation of the parties, it is hereby ORDERED and DECREED that the attached Custody Stipulation executed by the parties hereto shall become the final Custody Order. z;~r ~ EDWARD E. GUIDO, JUDGE 11,0 l\,~ ~ ~-7-{)~ .jh \/11 ~V/\l\Si\i;>,j_-:'j() I "Inrn ,':"",', ':::~J"n" 1\lJ,<1 h).,.. ".; "'_;f " fl..) ~fc.\.t~.:\!l"c.~ 'I\~ 't>-.'(~ \) Z lJ :01 ~l\t L - HdV SOOl AtlVlOhOi-liOlJcl 3Hl :10 3:J1:l~O-o311::l '0,' \Y,:, ' Katie J. Maxwell, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 206018 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant ED -OFFICE t" f iL PROTHONOTARY HI if SEP —4 A!..1 10: 144 CUMBERLAND COUNTY PENNSYLVANIA MICHELLE Y. PUGLIESE, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003-5122 : CIVIL ACTION - LAW SHAWN M. LIBERATOR, Defendant : IN CUSTODY DEFENDANT'S PETITION TO MODIFY CUSTODY 1. Plaintiff is Michelle Pugliese, an adult individual currently residing at 18 East Big Spring Avenue, Newville, Pennsylvania 17241 2. Defendant is Shawn M. Liberator, an adult individual currently residing at 996 Mount Rock Road, Carlisle, Pennsylvania 17013. 3. The parties are the parents of Schyler W. Liberator, born April 9, 2003; and Sofia M. Liberator, born June 11, 2004. 4. A Custody Complaint was filed on September 26, 2003. 5. On April 7, 2005, a Custody Stipulation and Agreement were entered as an Order in this matter. A copy of said Order and Custody Stipulation and Agreement are attached hereto as Exhibit "A." 6. It has been over nine years since the custody order has been reviewed and Defendant requests this Honorable Court to schedule a Custody Conciliation Conference to review and modify the current Custody Order to Defendant. WHEREFORE, Defendant Shawn Liberator prays Your Honorable to schedule a Custody Conciliation Conference to review and modify the Custody Order to Defendant. MARTSON LAW OFFICES Date: itilty By a'3, Ka ie J. M. 11, Esquire 10 East Hig Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant EXHIBIT "A" MICHELLE Y. PUGLIESE, Plaintiff VS. RECEIVED APR 0 6201 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2003-5122 CIVIL TERM SHAWN M. LIBERATOR, : IN CUSTODY Defendant ORDER /441 AND NOW, to wit, this day of , 2005, upon consideration of the attached Stipulation of the parties, it is hereby ORDERED and DECREED that the attached Custody Stipulation executed by the parties hereto shall become the final Custody Order. 13ZEr-e R EDWARD E. GUIDO, JUDGE MICHELLE Y. PUGLIESE, Plaintiff VS. : IN THE COURT OF COMMON P EAS OF : CUMBERLAND COUNTY, PENNS LVANIA : CIVIL ACTION - LAW : NO. 2003-5122 CIVIL TERM SHAWN M. LIBERATOR, : IN CUSTODY Defendant CUSTODY STIPULATION AND AGREEMENT THIS STIPULATION AND AGREEMENT entered into the day and year ereinafter set forth, by and between MICHELLE Y. PUGLIESE, (hereinafter referred to as Mother") and SHAWN M. LIBERATOR, (hereinafter referred to as "Father"). WHEREAS, the parties are the natural parents of two (2) children, na ly Schyler Wyatt Liberator, born April 9, 2003 and Sophia M. Liberator, born.) une 11, 2004 ereinafter referred to as "Children"); and WHEREAS, the parties live separate and apart, and wish to e er into a comprehensive stipulation and agreement relative to physical and legal custi.y of their children. NOW THEREFORE, in consideration ofmutualcovenants, promises and greements as hereinafter set forth, the parties stipulate and agree as follows: 1. Mother and Father shall have shared legal custody of the t (2) minor children, Schyler Wyatt Liberator and Sofia M. Liberator. Each parent shall h. e an equal right to be exercised jointly with the other parent to make all major non -emerge y decisions affecting the children's general well-being, including, but not limited to, al regarding their health, education and religion. 2. The parties shall share physical custody of the minor children on week -off basis. The exchange date and time shall be Monday at 7:00 p.m. receiving custody of the children will provide transportation, absent any agreemen 3. The parties shall alternate the following holidays: Easter, Me Independence Day, Labor Day. and Thanksgiving from 8:00 a.m. until 8:00 p. numbered years, Father shall have New Year's Day, Memorial Day and Labor numbered years and Mother shall have Easter, Independence Day and Thanks parties shall continue to alternate the above -schedule thereafter. 4. The parties shall alternate the Christmas holiday. The Christmas the year 2005 shall be as follows: Mother shall have Christmas Eve from 2:0 Christmas Day at 2:00 p.m.. Father shall then have custody of the children on Ch at 2:00 p.m. until 2:00 p.m. December 26th. This schedule shall alternate each 5. Father shall have custody of the children on Father's Day and have custody of the children on Mother's Day at times to be decided by the pa 6. On the children's birthdays, the non-custodial parent shall be three-hour period of custody which shall be arranged by the parties. decisions week-oni he party otherwise. orial Day, . In even ay in even ving. The \\P400_wrver \rowc jawuffi \_Folticrs_38002n_3999 \ 3818-c \custodyscip.form.wpti 2 hedule for p.m.. until as Day ear; other shall ies. itled to a 7. The parties agree that the non-custodial parent shall be entitled to asonable telephone contact with the minor children without interference or monito g by the custodial parent. 8. If during Mother's or Father's periods of custody the custodial pare • unable to directly care for the children and must make arrangements for a babysitter for period of twenty-four (24) hours or more, the non-custodial parent shall have the right -of- st-refusal to provide care for the children and the custodial parent shall make reasonabl efforts to contact the non-custodial parent and make the children available for the no -custodial parent to care for the children during this time. 9. There shall be no consumption of alcohol by either parent during t it periods of physical custody. 10. During periods of custody or partial physical custody, neither pi rent shall criticize, ridicule or hold up for derision the other parent. Nor shall either par permit, encourage or tolerate any such criticism, ridicule or derision in any way directed gainst the other parent by any third party in the presence of or at the residence in which te children or child, as the case may be, reside. 11. Both parties acknowledge that the right of custody shall not inclu the right to enter the other party's home unless specifically invited therein by the other par . Neither party shall use derogatory language or loud language when addressing the other • arty. \\P400_5erver\rowe_lawoffik Folders_3800_to_3999\3818-rkustudystip.forrn.wpd 3 12. In the event of any serious illness of the child/children at any tim any party then having custody of the child/children shall immediately communicate wit the other party by telephone or by any other means, informing the other party as to the na 1 re of such illness, and during such illness, each party shall have the right to visit the child hildren as he or she desires consistent with the properry medical care of the child/children 13. Neither party shall alienate nor permit or attempt to alienate the ch d/children from the other party. While in the presence of the child/children, neither pareni shall make any remarks or do anything which is derogatory or uncomplimentary to the othe nd it shall be the duty of each parent to uphold the other parent as one whom the chil. en should respect and love. 14. Any modification or waiver of any provision of this Agreement on permanent basis shall be effective only if made in writing and only if executed with the sa e formality as this Stipulation and Agreement. However, it is the specific intent of the s rties to be flexible with their respective periods of physical custody. Neither party shall urtreasonably withhold their consent to a request to change times or dates under this order ppropriate notice is given. 15. Both parties acknowledge and desire that this Agreement may e made an Order of the Court of Common Pleas of Cumberland County, Pennsylvania nd further \\P400_scrvurVowc_lawufickFolders_3500_to_3999 \38184%custodystip.form,wpd 4 acknowledge that the Court of Common Pleas of Cumberland County, Pennsy have jurisdiction over the issue of custody of the parties' minor children. 16. Each party to this Agreement acknowledges and declares that respectively: A. Acknowledge that they have read and understand the provi ania does he or she ons of this Agreement. Each party acknowledges that the Agreement is fair and equitable nd that it is not the result of any duress or undue influence; B. Enters into this Agreement voluntarily after receiving such or she may desire; C. Has given careful and mature thought to the making of this D. Has carefully read each provision of this Agreement and thi has been made available to him, and her in advance of such signing; E. Fully and 'completely understands each provision of this dvice as he greement; greement greement, both as to subject matter and legal effect; and F. There has been no fraud, concealment, overreaching, coercsn, or other unfair dealing on the part of thie other party. IN WITNESS WHEREOF, the parties have hereunto set their hands and ats che day and year first above written. \\P400_server\rowe_lawuffi\_Folders_3800_to_3999\3816,6cuscodyscipiorm,wpd 5 Signed, sealed and delivered in the presence of: crAA j�a.',./ Ann E. Endres, Esquire AttIrney for Plaint ti / i . ren L. ummings, squire Attorney for Defendant \\P400 serverVowe_lawoffi\ Folders_3800_to 3999 818-r\custodystip.form.wpd 6 C.' Michelle Y. Pugliese, P4. ntiff Shawn M. Liberator, Defenda It r 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 Petition and to the extent that the document 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. Shawn M. Liberator F:\FILES\Clients\12312 Liberator \12312.4 Domestic\ 12312.4.custody complaint.wpd t Katie J. Maxwell, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 206018 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant h-: THE PRO THON 2014 SEP -4 stii0:44 CUMBERLAND COUNTY PENNSYLVANIA MICHELLE Y. PUGLIESE Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003-5122 : CIVIL ACTION - LAW SHAWN M. LIBERATOR, Defendant : IN CUSTODY AFFIDAVIT I, Shawn M. Liberator, hereby swear or affirm, subject to penalties of law including 18 Pa. C.S. §4904 relating to unsworn falsification to authorities that: 1. I and/or another adult living in my household have or have not been convicted, pled guilty or no contest to the following crimes in Pennsylvania or any other jurisdiction, as follows: NO YES Adult in my Date Household Contempt for violation of a Protection from Abuse order or agreement; ❑ ❑ Driving under the Influence of ❑ jJ alcohol or a controlled substance � ❑ ti -g- ©3 or drugs; 1 Possession, sale, delivery, 0 El manufacturing or offering for sale any controlled substance or other drug or device; Criminal homicide; Murder; 1 ❑ ❑ ❑ ❑ NO YES Jzi ❑ Aggravated Assault; Adult in Me my Date Household ❑ ❑ Terroristic threats; ❑ ❑ p ❑ Stalking; VI ❑ Kidnapping; 71 ❑ Unlawful restraint; ❑ False imprisonment; ❑ ❑ ❑ ❑ ❑ ❑ Luring a child into a motor ❑ vehicle or structure; ❑ ❑ Rape, statutory sexual assault,❑ involuntary deviate sexual intercourse, sexual assault, aggravated indecent assault, indecent assault, indecent exposure, sexual abuse of children, sexual exploitation of children, sexual intercourse with an animal or incest; ❑ ❑ Sex offender non-compliance ❑ with registration requirements, statute, court order, probation or parole, or other requirements under 18 Pa. C.S.A. §3130 and 42 Pa. C.S. §9795.2; r Arson and related offenses; ❑ ❑ ❑ ❑ Concealing death of a child; Endangering the welfare of children; 2 ❑ ❑ ❑ ❑ Trading, bartering, buying, D selling or dealing in infant children; 0 0 Ei Prostitution and related offenses; E] 0 Obscene and other sexual El materials and performances; 0 0 Corruption of minors or unlawful F:JEl contact with a minor; 0 0 2. I and/or another adult living in my household have present and/or past history of violent or abusive conduct including the following: NO YES Adult in Me my Date Household A finding of abuse by a Children 0 & Youth Agency or similar agency in Pennsylvania or similar statue in another jurisdiction Abusive conduct as defined al 0 under the Protection from Abuse Act in Pennsylvania or similar statue in another jurisdiction 0 Other: 0 0 0 0 COMMONWEALTH OF PENNSYLVANIA COUNTY OF ( On this the 4//1-- day of 47,12gtr , 2014, before me, a Notary Public, the undersigned officer, personally appeared Shawn M. Liberator, known to me or satisfactorily proven to be the person presenting this affidavit, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand a seal. My Commission Expires: /2/2c Pc/ 3 er-?e,L 61— Notary Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Victoria L Otto, Notary Public Carlisle Boro, Cumberland County My commission expires December 20, 2014 MICHELLE Y. PUGLIESE PLAINTIFF V. SHAWN M. LIBERATOR DEFENDANT IN THE COURT OF COMMON PLEAS OF (-) CUMBERLAND COUNTY, PENNSYLVA1\ jl r -n CZ m •-<> IN CUSTODY )>(-) 2003-5122 CIVIL ACTION LAW ORDER OF COURT —4 1"1" 1,)\ AND NOW, Thursday, September 11, 2014 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, October 07, 2014 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. You must file with the Court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in-person contact with the court (including, but not limited to, a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition. No party may make a change in the residence of any child which significantly impairs the ability of the other party to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and Pa.R.C.P. No. 1915.17 regarding relocation. FOR THE COURT, By: /s/ Jacqueline M. Verney,Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE, IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. apses Ogden/ • /11cuwe1411. o IWC Vetee-y, £c 0/4ce Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MICHELLE Y. PUGLIESE Plaintiff V. SHAWN M. LIBERATOR Defendant To the Prothonotary, case. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 2003-5122 CIVIL ACTION LAW) IN CUSTODY ENTRY OF APPEARANCE Kindly enter my appearance for Michelle Y. Pugliese in the above -captioned Respectf���.�•,���.; Dated: October 7, 2014 Alan - - Ross, Esq. ID # 81301 Governor's Plaza South 2001 N. Front St., Suite 220 Harrisburg, PA 17102 ATTORNEY FOR ^NDANT PIS MICHELLE Y. PUGLIESE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-5122 CIVIL ACTION - LAW c-) cz CZ) ZfTI rn Cf) > r- , 2014, upon za, consideration of the attached Custody Conciliation Report, it is ordered and di e as c:t) follows: SHAWN M. LIBERATOR, Defendant AND NOW, this : IN CUSTODY ORDER OF COURT day of 46,12144 n the r , 44.mrin -Y oirtiee. The parties are directed to proceed with filing a pretrial statement with the Court and the other party consistent with the Pennsylvania Rule of Civil Procedure 1915.4-4. 2. A Hearing is sched led in Court Room No. -3 , of the Cumberland County Court House, on the 1.1. day of A) ovhei•varai , 2014, at o'clock, /4 . M., at which time testimony will be taken. For purposes of this Hearing, Father shall be deemed to be the moving party and shall proceed initially with testimony. 3. The prior Order of Court dated April 7, 2005 shall remain in full force and effect. 4. RELOCATION: No party shall be permitted to relocate the residence of the children which significantly impairs the ability to exercise custody unless every individual who has custodial rights to the children consents to the proposed relocation or the court approves the proposed relocation. A person proposing to relocate MUST comply with 23 Pa. C. S. § 5337. 5. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: f1e J. Maxwell, Esquire, Counsel for Father Alan Michael Ross, Esquire, Counsel for Mother Cap /6/9//f/ J. MICHELLE Y. PUGLIESE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-5122 CIVIL ACTION - LAW SHAWN M. LIBERATOR, 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Schyler W. Liberator Sofia M. Liberator April 9, 2003 shared June 11, 2004 shared 2. A Conciliation Conference was held in this matter on October 7, 2014, with the following in attendance: The Father, Shawn M. Liberator, with his counsel, Katie J. Maxwell, Esquire, and the Mother, Michelle Y. Pugliese, with her counsel, Alan Michael Ross, Esquire. 3. The Honorable Edward E. Guido previously entered an Order of Court dated April 7, 2005 providing for shared legal custody, and shared physical custody on a week on/week off schedule. 4. Father filed a Petition to Modify the prior Order of Court. 5. Father's position on custody is as follows: Father seeks shared legal custody and primary physical custody, with Mother having alternating weekends. Father asserts that during Mother's weeks and weekends, the children spend a significant amount of time with the maternal grandparents. He also asserts that occasionally Mother picks up the children from Grandparents as late as 11:30 p.m. 6. Mother's position on custody is as follows: Mother seeks shared legal custody and primary physical custody of the children with Father having alternating weekends. Mother asserts that Father leaves the children at home alone after school for several hours. She also asserts that Father takes the children with him to work on Saturdays. 7. The Conciliator recommends an Order in the fouii as attached scheduling a Hearing, and maintaining the status quo. It is expected that the Hearing will require one day. /0- 7 Date acq ne M. Verney, Esquire Custody Conciliator F:\FILES\Clients\12312 Liberator\12312.4 Domestic\12312.4.motion continuance.wpd Katie J. Maxwell, Esquire MARSTON LAW OFFICES I.D. 206018 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant ' ;L 'D.'`0FF IC. F THE PROTHONOTARY 2064 OCT 11. Phi 12: 05 CUMBERLAND COUNTY PENNSYLVANIA MICHELLE Y. PUGLIESE, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003-5122 : CIVIL ACTION - LAW SHAWN M. LIBERATOR, Defendant : IN CUSTODY DEFENDANT'S MOTION FOR CONTINUANCE AND NOW comes the Defendant, Shawn M. Liberator, by and through his attorneys, MARSTON Law Offices, and in support of his Motion for a Continuance avers as follows: 1. A custody hearing in the above -referenced matter was scheduled for November 12, 2014, at 9:30 a.m. 2. The parties are in the process of obtaining a custody evaluation with Dr. Sheinvold's office of Riegler, Sheinvold & Associates. 3. The parties believe that a custody evaluation will assist the parties and the Court to come to a resolution in this case. The parties do not believe that a custody evaluation can be completed by the November 12 hearing date, and accordingly request a continuance to a later date and time. Plaintiff's attorney Alan Ross, Esquire, has been contacted and concurs with the requested relief. WHEREFORE, Defendant respectfully requests this Honorable Court to reschedule the custody hearing to a later date and time. Date: /DIN /(1 MARSTON LAW OFFICES By: � -il� i-JCUp Katie J. 1 Ikwe11, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON LAW OFFICES, hereby certify that a copy of the foregoing Motion for Continuance was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Dated: Alan M. Ross, Esquire 2001 North Front Street, Suite 220 Harrisburg, PA 17102 MARTSON LAW OFFICES . Price 10 East High Street Carlisle, PA 17013 MICHELLE Y. PUGLIESE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. SHAWN M. LIBERATOR, Defendant : NO. 2003-5122 : CIVIL ACTION - LAW : IN CUSTODY ORDER AND NOW, this )1" day of October, 2014, upon consideration of Defendant' s for a Continuance, the Motion is Granted. A custody hearing is hereby scheduled for the day of , 20], at 1:36, o'clock A .m. /Alan M. Ross, Esquire Counsel for Plaintiff Katie J. Maxwell, Esquire Counsel for Defendant C^. ics By the Court, Edward E. Guido, Judge MICHELLE Y. PUGLIESE, Plaintiff V. : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 2003-5122 CIVIL ACTION -LAW r,.3 -cry ;� SHAWN M. LIBERATOR ) ; ....<.; Defendants `�'a) Cri `, IN CUSTODY_`, } TO THE HONORABLE EDWARD E. GUIDO, JUDGE OF SAID COURT: MOTION FOR CONTINUANCE AND NOW, this 31st day of December, 2014, comes the above- named Plaintiff, by and through her attorney, Alan Michael Ross, Esquire, and respectfully moves this Court to continue the custody hearing scheduled for January 5, 2015, and in support thereof, avers the following: 1. A custody hearing in the abrove-referenced matter was scheduled for January 5, 2015, at 9:30 a.m. 2. The parties are still in the process of completing a custody evaluation with Dr. Sheinvold's office of Reigler, Sheinvold & Associates. 3. The parties believe that a custody evaluation will assist the parties and the Court to come to a resolution in this case. The parties do not believe that a custody evaluation can be completed by the January 5, 2015, hearing date and accordingly request a continuance to a later date and time. Defendant's attorney, Katie J. Maxwell, Esquire, has been contacted and concurs with the requested relief. WHEREFORE, Plaintiff, respectfully requests this Honorable Court to reschedule the custody hearing to a later date and time. Respectfully submitted, A 5h—M chael Ross, Esq. ID#81301 2001 North Front St. Suite 220 Harrisburg, PA 17102 (717) 238-631.1 ATTORNEY FOR DEFENDANT CERTIFICATE OF SERVICE The undersigned hereby certifies that on this 31st day of December, 2014, a true and correct copy of the foregoing motion was served upon the following person(s) by hand -delivery: Katie J. Maxwell, Esquire MARSTON LAW OFFICES 10 East High Street Carlisle, PA 17013 an Michael Ross, Esquire Supreme Court No. 81301 VERIFICATION I verify that the facts contained in the attached pleading are true and correct to the best of my knowledge, information and. belief. I understand that the facts herein are verified subject to the penalties for unsworn falsification to authorities under Crimes Code, Section 4904 (18 Pa.C.S. § 4904). fare-1Vlitel Ross, Esquire No. 81301 2001 N. Front Street, Suite 220 Harrisburg, PA 17102 (717) 238-6311 Alan M. Ross, Esquire Law Office of Alan M. Ross i.D. 81301 2001 North Front St. Ste. 220 Harrisburg, PA 17102 (717) 238-6311 Attorney for Plaintiff MICHELLE Y. PUGLIESE, Plaintiff V. SHAWN M. LIBERATOR Defendant 2015Jk7 -2 H# 2:39 CUPENNSYLD VANIAN [\� : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 2003-5122 CIVIL ACTION -LAW IN CUSTODY ORDER OF COURT AND NOW, this A H41 day of`„Aisiu J , 20%fupon consideration of the within Motion for Continuance, and without objection from the Defendant; IT IS HEREBY ORDERED AND DECREED that the Motion for Continuance is granted. A custody hearing is hereby scheduled for the t3 day of I` , 2 0 , at ?•630o'clock 4 .m. pistnbution: ./Katie J. Maxwell, Esquire C nsel for Defendant Alan Michael Ross, Esquire Counsel for Plaintiff BY C=. r CZ 7) EDWARD E. GUIDO, JUDGE Court Administrator , (&)j --c)(r t. es fiat IscL 3