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HomeMy WebLinkAbout07-6969i r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KATRINA A. PROBST., Plaintiff V. JOSHUA J. PROBST, Defendant NO.: 07 - 616 R ovi CIVIL, ACTION - LAW CUSTODY COMPLAINT FOR CUSTODY Plaintiff, Katrina A. Probst, by and through her attorney, L. Rex Bickley, Esquire, respectfully sets forth the following: 1. Plaintiff is Katrina A. Probst, who resides c/o Linda Smith, 148 Stony Run Road, Dillsburg, York County, PA 17019. 2. Defendant is Joshua J. Probst who resides at 3522 September Dr., #6, Camp Hill, Cumberland County, PA. 3. The parties are the natural parents of Andreanna N. Probst born in Harrisburg, PA on July 13, 2004. 4. The parties were married on September 10, 2005 in Camp Hill, Cumberland County, PA. 5. For the past five (5) years the child has resided with the following persons at the following address: 11 / 13/07 - Present Birth - 11/13/07 3522 September Dr., Apt. 6 Camp Hill, PA 17011 3522 September Dr., Apt. 6 Camp Hill, PA Father Mother & Father 6. Mother believes that a Protection from Abuse Order has been filed in the Court of Common Pleas of Cumberland County. Other than that, Mother has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 7. Mother 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. 8. The Mother seeks joint legal and primary physical custody of her child 9. The best interest and permanent welfare of the child will be served by granting the relief requested because Mother is in a position to provide love, support and care for her child. WHEREFORE, Plaintiff requests the Court to grant joint, legal and physical custody ofthe child to Plaintiff. Respectfully submitted, L. REX B: 114 South Harrisbug, PA 17101 (717) 234-0577 (717) 234-7832 FAX A . VERIFICATION I, Katrina Probst verify that the statements made in the foregoing Petition are true and correct to the best of my information, knowledge and belief. I understand that false statements made herein are made subject to Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: 1 1-Iq 07 1C?n?c rn ny ? ? ?? Katrina Probst C) ? d m? qiz 771- r.? -n ? `mil ?- C3ti N. KATRINA A. PROBST IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 2007-6969 CIVIL ACTION LAW JOSHUA J. PROBST ' DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, November 27, 2007 it is hereby directed that parties and their respective counsel appear before consideration of the attached Complaint, at 4th Floor, Cumberland County Courthouse, Carlisle onT ore Jacqueline M. Verney, Esq. ,the conciliator, for aPre-Hearing Custody Conference. At such conference, an effort will be y, Dmade ecember 18, 2007 at 9:30 AM if this cannot be accomplished, to define and narrow the issues to be heard b the court to resolve the issues m dispute; or order. All children age five or older may also be present at the conference. Failure to a' and to enter into a temporary provide grounds for entry of a temporary or permanent order. ppear at the conference may The court hereby directs the parties to furnish any and all existing Protection from Abuse or Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hear' ders, int. FOR THE COURT, By: /s/ ac ueVne M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Amer' with Disabilites Act of 1990. For information about accessible facilities and reasonable accommo a scans 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 OFFI FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CE SET Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 A VJ JAN 8 8 2008 KATRINA A. PROBST, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-6969 CIVIL ACTION - LAW JOSHUA J. PROBST, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 28`h day of January, 2008, the plaintiff's counsel having requested the matter by terminated, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, acq ine M. Verney, Esquire, C stody Conciliator th ANGELA M. GROUP, Il, Plaintiff VS. CHARLES B. REINARD, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 07 - 6969 Civil Term : IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW, comes Petitioner, Charles B. Reinard, by and through his counsel, Jane Adams, Esquire, and petitions the Court as follows: 1. Charles B. Reinard, Defendant/Petitioner, (hereinafter referred to as "Father"), is the Defendant in the above-captioned matter, and is an adult individual currently residing at 85 Regency Woods N., Carlisle, Cumberland County, Pennsylvania, 17013. 2. Angela M. Group, Plaintiff/Respondent, (hereinafter referred to as "Mother") is the Plaintiff in the above-captioned matter, and is currently residing at 114 Amy Drive, Carlisle, Cumberlalnd County, Pennsylvania, 17013. 3. The parties are the natural parents of two children, namely: Cole Tyler Reinard, born October 6, 2001; and Brian Edward Reinard, born September 10, 2004. 4. The parties are subject to an Order of Court dated February 14, 2008, which was a result of the parties' agreement. A copy of said Order and Stipulation is attached hereto and incorporated herein by reference as Exhibit "A". 5. Since August 2008, the parties have been observing a schedule of physical custody which is substantially different than as provided in the current custody Order. 6. Father is requesting that the current custody Order be modified to reflect the shared physical custody arrangement which is currently in place and address several other concerns. 7. It would be in the best interest of the children to modify this Order because a substantial change of circumstances has occurred and the prior agreement and Order do not adequately provide for the children. 8. It is believed and averred that the best interest and permanent welfare of the children will be promoted by changes proposed in this custody petition because the modification will ensure regular contact with both parents and provide for the children's well being. WHEREFORE, Plaintiff requests the court to set a conciliation date to examine issues regarding custody of the children. Respectfully submitted, Date: a? 71 e Adams, Esquire No. 79465 liW. South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR FATHER CHARLES B. REINARD ,r ANGELA M. GROUP, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07 - 6969 CIVIL ACTION LAW CHARLES B. REINARD, IN CUSTODY Defendant ORDER OF COURT AND NOW this ./144aay of February, 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: I MY Legal Custody: The Father, Charles Reinard, and the Mother, Angela Group, shall have shared legal custody of Cole T. Reinard, born 10/6/2001 and Brian E. Reinard, born 9/10/2004. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: The Mother shall have primary physical custody subject to Father's partial physical custody as follows: a. Commencing 2/8/08, Father shall have physical custody of the Children on alternating weekends from Friday 4:00 pm until Monday morning. b. Father shall have every Wednesday from after the Child/ren's school lets out until Thursday morning. c. Commencing in March 2008, Father shall have every Monday and Wednesday for overnight custody periods while Mother is attending school. d. Father shall continue to be Brian's day time care-giver while Mother is working. e. Father shall have additional periods of physical custody as the parties may agree. 3. The parties shall share transportation for the exchanges. 4. Holidays: Major holidays with the Children shall be alternated between the parents pursuant to the attached holiday schedule or as mutually agreed upon. 5. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties disparage the other parent in the presence of the Children. 6. In the event of a medical emergency, the custodial party shall notify the other party as soon as practicable after the emergency is handled. 7. Telephone Contact: Telephone contact between the Children and the non-custodial parent shall be reasonable and liberal as agreed upon between the parties. 8. Each parent shall have two non-consecutive weeks (i.e. no more than seven days in a row) of vacation per year with the Children. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 9. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. By the Court, JA_ Distribution: Charles Reinard, 85 Regency Woods North, Carlisle, PA 17015 441,11 r . Marcus McKnight, III, Esquire John J. Mangan, Esquire ?, ANGELA M. GROUP, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07 - 6969 CIVIL ACTION LAW CHARLES B. REINARD, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Cole T. Reinard 10/6/2001 Mother and Father Brian E. Reinard 9/10/2004 Mother and Father 2. A Conciliation Conference was held with regard to this matter on February 7, 2008 with the following individuals in attendance: The Father, Charles Reinard, pro se The Mother, Angela Group, with her counsel, Marcus McKnight, III, Esquire. 3. The parties agreed to the entry of an Order in the form as attached. Date: ?? ?+ John M Esquire dy onciliator HOLIDAYS AND SPECIAL DAYS TIMES EVEN YEARS ODD {YEARS Easter Day 1 Half From 8 am the Saturday before Easter until 8 am Easter Sunda. Father Mother Easter Da 2° Half From 8 am Easter Sunda until 8 m Mother Father Memorial Da From 9 am until 9 m Mother Father Independence Da From 9 am until 9 m Father Mother Labor Da From 9 am until 9 m Mother Father Halloween From one hour before trick or treating to one hour after trick or treating Father Mother Thanksgiving 1 Half From 8 am Thanksgiving Day to 2 m on Thanks ivin Da Father Mother Thanksgiving 2° half From 2 pm on Thanksgiving Day to noon the da after Thanksgiving Da Mother Father Christmas 1 Half From 8 am 12/24 until 8 m 12/24 Father Mother Christmas 2° Half From 8 am on 12/25 until 8 m 12/25 Mother Father New Year's From 6 pm 12/31 until noon January 1st (with the 12/31 year to control the even/odd determination Mother Father Mother's Da From 9 am until 9 m Mother Mother Father's Da From 9 am until 9 m Father Father VERIFICATION I verify that the statements made in this Petition 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. Date: 3/aVesC B. Reinar, Petitioner Cy ?S b t -77 J:- S r,:? .c w MAY 0 8 2009 ANGELA M. GROUP, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07 - 6969 CIVIL ACTION LAW CHARLES B. REINARD, IN CUSTODY Defendant Prior Judge: M.L. Ebert, Jr., J ORDER OF COURT AND NOW this ? day of May 2009, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. All prior Orders are VACATED and replaced with this Order. 2. This Order is entered pursuant lp a Custody Conciliation Conference. A Custody Hearing is hereby scheduled on the 02PIr-4- day of u.l 2009 at 'Ob zv/pm in Courtroom number 5 in the Cumberland County Court of C mmon Pleas, Carlisle, PA 17013 at which time testimony will be taken in regard to the physical custody for the subject Children, specifically to address that if Mother relocates, a decision needs to made whether the Children should be enrolled in Mother's new school district or whether the Children should remain in their current school district with Father. For purposes of this hearing, the Mother shall be deemed to be the moving parry and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the hearing date. 3. Legal Custody: The Father, Charles Reinard, and the Mother, Angela Group, shall have shared legal custody of Cole T. Reinard, born 10/6/2001 and Brian E. Reinard, born 9/10/2004. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 4. Physical Custody: The Mother and Father shall share physical custody of the Children as follows: a. Father shall have physical custody of the Children every weekend from 6:45 am Friday until Monday morning at 9:00 am. b. Father shall have physical custody of the Children every other Monday until Tuesday 9:00 am (extending his weekend from Friday until Tuesday morning). r -? c. Father shall have physical custody of Brian every Wednesday from 6:45 am until 7:00 pm and physical custody of Cole every Wednesday from after school until 7:00 pm. 5. The parties shall share transportation for the exchanges. 6. Holidays: Major holidays with the Children shall be alternated between the parents pursuant to the attached holiday schedule or as mutually agreed upon. 7. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties disparage the other parent in the presence of the Children. 8. In the event of a medical emergency, the custodial party shall notify the other party as soon as practicable after the emergency is handled. 9. Telephone Contact: Telephone contact between the Children and the non-custodial parent shall be reasonable and liberal as agreed upon between the parties. 10. Each parent shall have two non-consecutive weeks (i.e. no more than seven days in a row) of vacation per year with the Children. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 11. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. By the Court, DA tribution: , e Adams, Esq. cus McKnight, III, Esquire fZhn J. Mangan, Esquire 124? rnat s ag x0.040 ?I?4VWbtal HOLIDAYS AND TIMES SPECIAL DAYS EVEN ODD Easter Day 1W-Half rom 8 am the Saturday befo s YEARS re Easter until 8 am Easter Sunda Father Mother Easter Da 2n Half Memorial D From 8 am Easter Sunda until 8 m Mother Fathe a Trade endence Da From 9 am until 9 m From 9 am until 9 Mother r Father Labor Da m From 9 am until 9 m Father Mother Halloween From one hour before trick Mother Father or treating to one hour after trick or Father Mother treating Thanksgiving 1 s Half From 8 am Thanksgiving Day to 2 Father Mothe Thanksgiving 2n m on Thanks ivin Da From 2 pm on Tha k i i r half 8 n sg v ng Day to noon the day after i s Da Mother Father Christmas 1 Half Christinas 2° Half From 8 am 12/24 un t 18 m 12/24 From 8 am on 12/25 til Father Mother New Year's un 8 m 12/25 From 6 pm 12/31 until noon Janu Mother M h Father I" (with the 12/31 year to control ot er Father Mother's D even/odd determination a Father's Day I From 9 am until 9 m From 9 am until 9 Mother Mother m Father Father ANGELA M. GROUP, Plaintiff V. CHARLES B. REINARD, Defendant Prior Judge: M.L. Ebert, Jr., J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07 - 6969 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVEL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Cole T. Reinard 10/6/2001 Mother and Father Brian E. Reinard 9/10/2004 Mother and Father 2. A Conciliation Conference was held with regard to this matter on February 7, 2008, an Order was issued February 11, 2008 and a Conciliation Conference was held May 05, 2009 with the following individuals in attendance: The Father, Charles Reinard, with his counsel, Jane Adams, Esq. The Mother, Angela Group, with her counsel, Marcus McKnight, III, Esquire. 3. Mother's position on custody is as follows: The parents currently have a shared custody situation, but Mother would like primary custody of the Children. Mother has gotten a new job and is going to relocate to Hanover, PA. Mother desires to move when the Children are done with school. Mother wants to enroll the Children in her new school district. 4. Father's position on custody is as follows: Father would like some sort of shared custody arrangement, but adamant that if Mother moves to Hanover, the Children remain in their current school district (Cumberland Valley). The Conciliator recommends an Order in the form as attached scheduling a Hearing and entering an Order of Court regarding custody as outlined. It is the Conciliator's belief that this would be in the Children's best interest. It is expected that the Hearing will require one half day. 6. The proposed recommended Order may contain a requirement that the parties file a pre-trial memorandum with the Judge to whom the matter has been assigned. .____----- Date: " Z?? John J gan, Esquire Cust Conciliator