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HomeMy WebLinkAbout03-6265JOSEPH M. PNICI IN ME COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA No.: 03 - 4-2Lo5 Giv?l?Eith? (( KRISTEN R. ALDINGER CIVILACTION: LAW INCUSTODY Defendant TO THE HONORABLE JUDGE OF SAID COURT: COMPLAINT FOR CUSTODY 1. The Plaintiff is Joseph M. Pinci, residing at io5 Fairway Drive, Mechanicsburg, Cumberland County, Pennsylvania, i7o55• 2. The Defendant is Kristen Aldinger, residing at 9 Pine Ridge Circle, Enola, Cumberland County, Pennsylvania, 17o25. 3. Plaintiff seeks visitation of the following children: Name: Faith Rose Pinci & Madilyn Noel Pinci Present Residence: 9 Pine Ridge Circle, Enola, PA 17025 Date of Birth: Faith, July 4, 2001 & Madilyn, April 13, 2003 The child was born out of wedlock. The children are presently in the custody of Kristin Aldinger, Mother/Defendant who resides at 9 Pine Ridge Circle, Enola, Pennsylvania. During the past five (5) years, the child has resided with the following persons at the followir addresses: (list allpersons, addresses, and dates resided at that residence) Name: Joseph M. Pinci & Kristin R. Aldinger Address: Cumberland Street, Enola Dates: 2001 - 2001 Name: Joseph M. Pinci & Kristin R. Aldinger Address: Lisburn Dates: 2000 - 2001 The Mother of the child is Kristin R. Aldinger, currently residing at residing at 9 Pin Circle, Enola, Cumberland County, Pennsylvania, 17o25. She is single. The Father of the child is Joseph M. Pinci, currently residing at 105 Fairway Drive: Mechanicsburg, Cumberland County, Pennsylvania, i7o55. He is single. 4. The relationship of the Plaintiff to the children is that of Father. The Plaintiff currently resides with the following persons: (list names and relationships of all people living with the Plaintiff.) Self 5. The relationship of the Defendant to the children is that of Mother. The Plaintiff currently resides with the following persons: (list names and relationships of all people living with the Plaintiff.) Michelle and Bill Aldinger, mother and father of Defendant 6. Plaintiff has not participated as a party of witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. The court, term and number, and its relationship to this action is: N/A Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. The court, term and number, and its relationship to this action is: N/A Plaintiff does not know of a person not a party to this proceeding who has physical custody of the child or claims to have custody or visitation rights with respect to the child. The name and address of such person is: N/A 7. The best interest andpermanent welfare of the child will be served by granting the relief requested because it would be in the best interest and permanent welfare of the children. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. 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: (Name, Address, Basis of Claim): N/A WHEREFORE, Plaintiff requests the court to grant partial custody of the children, Faith Rose Pinci and Madilyn Noel Pinci.. Respectfully Submitted, 0ttor . aney for the Defendant James, Smith, Dietterick, & Connelly Attorney ID 63881 134 Sipe Avenue Hummelstown, PA 17036 (717) 533-328o JOSEPHM. PNICI IN THE COURT OFC01"ONPLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO.: KRISTENR. ALDINGER CIVILACTION: LAWINCUSTODY Defendant CERTIFICATE OFSERVICE I hereby certify that on the /I, day of ?i^ ?wr 2003, a copy of the Complaint for Custody was served by certified mail, return receipt requested, addressee copy of the Complaint for Custody upon the person named below as the last known address, in accordance with the applicable Rules of Procedure, addressed as follows: Kristin Aldinger 9 Pine Ridge Circle Enola, PA 17025 ?v d Walk, Esquire A rney for the Defendant amen, Smith, Dietterick, & Connelly Attorney ID 63881 134 Sipe Avenue Hummelstown, PA 17036 (717) 533-3280 VERIFICATION The undersigned verifies that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties at 18 Pa.C.S. A., 7,4904 relating to Unsworn Falsification to Authorities. DATE: /21;107 ca t? ,r11 , le... aintiff N V c rte- ? ?. C-11 {, C_ n TJ 7 t' iJ JOSEPH M.PNICI IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 03-6265 CIVIL ACTION LAW KRISTEN R. ALDINGER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, December 09, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Tuesday, January 13, 2004 at 1:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Melissa P. Greevy, Esq. v Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 e-v ® ?f?o, ?'IM?AIASNN?d £Z q 1a'.d 1 1 J3u CO -,?h i MAR 2 5 2004 j JOSEPH M. PINCI, V. KRISTEN R. ALDINGER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 03-6265 CIVIL TERM CIVIL ACTION - LAW Defendant IN CUSTODY TEMPORARY ORDER OF COURT AND NOW, thisp day of March, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Joseph M. Pinci and Kristen R. Aldinger, shall have shared legal custody of the minor children, Faith Rose Pinci, born July 4, 2001, and Madilyn Noel Pinci, born April 13, 2003. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the 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. Mother shall have temporary primary physical custody subject to Father's rights of partial custody which shall be arranged as follows: A. Each Wednesday from 5:00 p.m. to 8:00 p.m. B. Each Sunday from 11:00 a.m. to 3:00 p.rn. C. At such other times as the parties shall agree. 3. The parties will continue the work they have begun with Dr. Casey Shienvold. It is anticipated that this work will result in expanded custodial' time for Father. NO. 03-6265 CIVIL TERM 4. This Order is temporary in nature and may be modified by the parties upon their mutual agreement. J. Dist: 4ryan S. Walk, Esquire, 114 West Chocolate Avenue, Hershey, PA 17033 v1dark T. Silliker, Esquire, 5922 Linglestown Road, Harrisburg, PA 17112 0 3,31-6 y y fY ??? ti ?b ?Pv C7 L 1 :8 Py I c ?VH h00Z J r1`s'1(r 1C1 i0tld 3H1 n loijJ5-Q3ld JOSEPH M. PINCI, V. Plaintiff KRISTEN R. ALDINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6265 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1 • The pertinent information concerning the children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Faith Rose Pinci July 4, 2001 Mother Madilyn Noel Pinci April 13, 2003 Mother 2. A Custody Conciliation Conference was held on March 23, 2004 in response to the Father's filing of a Complaint for Custody on December 2, 2003. The Conciliation had been continued because the parties agreed to participate in private mediation. The Conference was then rescheduled at the request of counsel made on March 15, 2004. Present for the conference were: the Father, Joseph M. Pinci, and his counsel, Bryan S. Walk, Esquire; the Mother, Kristen R. Aldinger, and her counsel, Mark D. Silliker, Esquire. 3. The parties reached a temporary agreement in the form of an Order as attached. 3? g10? Date Melissa Peel Greevy, Esquire Custody Conciliator :226024 'ORIGINAL JOSEPH M. PINCI IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO.:03-6265 Civil Tenn KRISTEN R. ALDINGER CIVIL ACTION: LAW IN CUSTODY Defendant PETITION FOR MODIFICATION OF PARTIAL CUSTODY OR VISITATION ORDER 1. The Petition of Joseph M. Pinci is respectfully represents that on March 30, 2004, an Order of Court was entered for Partial Custody, a true and correct copy of which is attached (See Exhibit A). 2. This Order should be modified because the parties have since separated and the Petitioner is requesting additional time with the children. WHEREFORE, Petitioner requests that the Court modify the existing Temporary Order of Court filed March 31, 2004. Respectfully Submitted, B alk, Esquire Attorney ID 63881 114 W. Chocolate Avenue Hershey, PA 17033 (717) 533-8652 EXHIBIT ,A MAR 2 5 2004 JOSEPH M. PINCI, V. Plaintiff KRISTEN R. ALDINGER, Defendant IN CUSTODY TEMPORARY ORDER OF COURT AND NOW, this day of March, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Joseph M. Pinci and Kristen R. Aldinger, shall have shared legal custody of the minor children, Faith Rose Pinci, born July 4, 2001, and Madilyn Noel Pinci, born April 13, 2003. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the 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. Mother shall have temporary primary physical custody subject to Father's rights of partial custody which shall be arranged as follows: A. Each Wednesday from 5:00 p.m. to 8:00 p.m. B. Each Sunday from 11:00 a.m. to 3:00 p.m. C. At such other times as the parties shall agree. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6265 CIVIL TERM CIVIL ACTION - LAW 3. The parties will continue the work they have begun with Dr. Casey Shienvold. It is anticipated that this work will result in expanded custodial time for Father. NO. 03-6265 CIVIL TERM 4. This Order is temporary in nature and may be modified by the parties upon their mutual agreement. Dist: Bryan S. Walk, Esquire, 114 West Chocolate Avenue, Hershey, PA 171333 Mark T. Silliker, Esquire, 5922 Linglestown Road, Harrisburg, PA 17112 TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand the e.a?l ... of id Court j Carlisle, Pa. %t of,...t.YJ.Q.lJ' C'? JOSEPH M. PINCI, V. Plaintiff KRISTEN R. ALDINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.03-6265 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Faith Rose Pinci July 4, 2001 Madilyn Noel Pinci April 13, 2003 Mather Mother 2. A Custody Conciliation Conference was held on March 23, 2004 in response to the Father's filing of a Complaint for Custody on December 2, 2003. The Conciliation had been continued because the parties agreed to participate in private mediation. The Conference was then rescheduled at the request of counsel made on March 15, 2004. Present for the conference were: the Father, Joseph M. Pinci, and his counsel, Bryan S. Walk, Esquire; the Mother, Kristen R. Aldinger, and her counsel, Mark D. Silliker, Esquire. 3. The parties reached a temporary agreement in the form of an Order as attached. date -?_ Melissa Peel Greevyf Esquire Custody Conciliator :226024 VERIFICATION The undersigned verifies that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties at 18 Pa.C.S. A., 24904 relating to Unsworn Falsification to Authorities. DATE: ?-`_" aintiff N?.. I-IN VJ V r r? N t? n C? N G ?P .G" TI { 2 T ti i JOSEPH M. PINCI IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 03-6265 CIVIL ACTION LAW KRISTEN R. ALDINGER IN CUSTODY DEFENDANT ORDER OF COURT Wednesday, Jul 28, 2004 , upon consideration of the attached Complaint, AND NOW, the conciliator, it is hereby directed that parties and their respective counsel appear before Melissa P Greevy, Esg. Monday, August 30, 2004 at 8:30 AM at 301 Market Street, Lemo ne, PA 17043 on I for a Pre-Hearing Custody Conference. At such conference, an effort wil be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also ?ane present at the conference. Failure to appear at the conference may permanent provide grounds for entry of a temporary The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By ae lissa P ,r /s/ y,.. 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 uals having business before the court, please contact our office- accommodations available to disabled individ 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. tion Cumberland County Bar AS.,oela 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 #Y? 4v AjNnVglfZSNNj3d Z£ :E Rd 8z inr wz Abyl PtOf{LOW 3i a d0 33U-4 }? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Joseph M. Pinci, Petitioner vs. Kristin R. Aldinger, Respondent Docket No. 03-6265 Civil Action - Law Action In Custody PETITION FOR CONTEMPT AND MODIFI ATION 1. The Petitioner is Joseph M. Pinci, who resides at 105 Fairway Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. The Respondent is Kristin R. Aldinger, who resides at 176 Wyoming Avenue, Enola, Cumberland County, Pennsylvania, 17025. 3. The parties are the parents of three minor children, Faith R. Pinci born July 4, 2001, Madilyn N. Pinci born April 13, 2003 and Ava M. Pinci born February 17, 2005. 4. An Order for Custody was entered on September 10, 2004. A true and correct copy of the Order is attached hereto and incorporated herein by reference as Exhibit "A". 5. Pursuant to the Order for Custody, both parties share joint legal custody of the children and Mother was provided with primary physical custody subject to Father's rights of partial custody as outlined in the Order. 6. The Respondent has been in violation of the Order for Custody as she has repeatedly refused to relinquish custody of the children for any of Father's periods of partial custody. Father has not seen his children for approximately ten (12) weeks. 7. The Petitioner, to his credit, has shown a great deal of patience with the Respondent, however, due to the Respondent's continued refusal to follow the Order, this Petition has been deemed necessary. 8. No justifiable reason exists for the conduct of the Respondent. 9. The Petitioner believes that the conduct of the Respondent is not in the best interests of the children. 10. The Petitioner desires partial physical custody of the children alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m. as well as alternating holidays and summer vacation. WHEREFORE, the Petitioner, Joseph M. Pinci, urges this Honorable Court to find the Respondent, Kristin R Aldinger, in contempt of the Order for Custody and order that she pay Petitioner's attorney's fees for the preparation of this Petition and attendance at any court sessions, as well as provide makeup time. In addition, the Petitioner, Joseph M. Pinci, urges this Honorable Court to grant the requested relief and modify the Order for Custody to reflect that he shall have partial physical according to the schedule outlined above. Respectfully Submitted, By: Nicole M. Werner, Esquire Nealon Gover & Perry 101 South Duke Street York, PA 17401 (717) 852-7888 Date: d 09/20/2007 03:12 7177325439 reca*v1d: 9120/07 12C13PM; Sep 20 2007 11:59AM HP I.ASERJET FRI JOE'-TREE--SERVICE PAGE 02 -r THE VPS STORE; rog* 1 p.5 I, lamb M. Pinci. No* that the Omements made in the f ffeving C m true and correct. I undue stand to false statmou herein are made subje penalties of IS Pa.C.S.A. §4904 rdating to uiswonl falsification to authorigea. Data 4:?:?Oggft .0?. )WFph M. Niel 0812312007 04:20 7177325439 JOSEPH M. PINCI, JOE'-TREE--SERVICE PAGE 01 SEP 08 IN THE COURT OF COMMON F CUMBERLAND UNTY, PENN Plaintiff V. NO. W-6265 CIVIL KRISTEN R. ALDINGER, Defendant CIVIL *CTION -- LAW IN USTODY ORDER OF COURT AND NOW, this day ofl September, 2004, upon consideratio attached Custody Conciliation Summary Report, it Is hereby. Ordered and di follows: 1. Legal Custody. The parties, Joseph M. Pinci and , risten R. Aldin have shared legal custody of the minor ch dren, Faith Rose PA% born July 4. 20 Madilyn Noel Pinci, born April 13, 2003. ? Each parent shaif h e an equal 60 exercised jointly with the other parent, to m ke all major non-ems ency decisions i the children's general well-being including, but not limited to, a l : ecisions regard health, education and religion. Pursuant t the terms cf 23 Pa. .' S.'5309, ea4l shall be entitled to all records and information pertaining to the G ildren including, limited to, medical, dental, religious or school records, the reside address of the and of the other parent. To the extent and parent has possessia of any such ral information, that parent shall be required Ilo share the same, or, opies thereof, other parent within such reasonable time( as to make the re rds and inform reasonable use to the other parent. 2. Physical Custody. Mother Oall have temporary unary physical subject to Father's rights of partial custody v4hich shall be arrangeld? s follows: A. Effective September 1, 2004, each Wednesday from 5:00 p.m. 8:00 P.M. B. Effective September 111, 2004, on alternst4g weekends Saturday and on Sunday from 9:00 a.m. to 2:00 p.m. ? kS OF VANIA the as shall and to be their irert t not R or the of C. At such other times as the parties shall agree. i 3. This Order supersedes any custody provisions which may be provide the PFA docketed to 04-3423. i 08/23/2007 04:20 7177325439 JOE'-TREE--SERVICE PAGE 02 NO. 03-6265 CIVIL TERM i i 4. Father will contact Dr. Mary *hite by September 1,, 004, for an a regarding the parties' oldest child, Both Oarents will participate out patient th counseling with Dr. White regarding Faithirs emotional needs. a parties will White's guidance regarding the extension bf Father's partial cu$t y time based 0 progress. 5. Custodial exchanges shall odcur near the Imaginat n Station of Ad Park. 4 6. Father will contact Mother by Geil phone in the event khat he is runni custodial exchange. I. This Order is temporary in nature. If within sixty days of the date of an additional Conference is needed, counsai for either party may 4ontact the Con letter to request that the Custody Conciliatieln Conference be recerltened. I I B HE R J. • - i Dist: Bryan S. Walk, Esquire, 114 West Chocolate Avenue, Hershey, PA, 17033 ! Mark T. Silliker, Esquire, 5922.Unglestowr Road,iHarrisburg, PA 17112 Jessica Diamondstone, Esquire,'Mid Penn Legal i;ervices, 8 Irvine Row, Carlisle PA 17013 )eutic e Dr, aith's Ricci for Order for by COPY FRAM '.010 1A Zk?? tiWhereof 1 hcra set MY hand er t a Ni .,?? p tint I c b Icz n 0 0 0 N ca (? G ? ?f ' Cat „ 7 ? N JOSEPH M. PINCI IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KRISTIN R. ALDINGER DF,FENDANT 2003-6265 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, September 28, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, October 26, 2007 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilroy, Esq. Custody Conciliator I The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 rmti'a?'9 ?.V 10 LUZ JOSEPH M. PINCI, : IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 03-6265 c> KRISTIN R. ALDINGER, : CIVIL ACTION -LAW Defendant/Respondent: CHILD CUSTODY RESPONDENT KRISTIN R. ALDINGER'S RESPONSE TO PETITIONER JOSEPH M. PINCI'S PETITION FOR CONTEMPT AND MODIFICATION AND NOW comes the Respondent, Kristin R. Aldinger, by and through her attorneys, the Law Offices of Silliker and Reinhold, by Kristin R. Reinhold, Esquire, and responds to Petitioner Joseph M. Pinci's Petition for Contempt and Modification as follows: 1. Admitted. 2. Admitted. 3. Admitted. By way of further answer, the parties' child, Ava M. Pinci, is not a subject of the Custody Order dated September 10, 2004, as Father has never admitted paternity to the child, despite a paternity test result of 99.99 percent probability. 4. Admitted. 5. Admitted. 6. Admitted in part, denied in part. It is admitted that Father has not seen his children for approximately 12 weeks. It is adamantly denied that Mother is in violation of the Order of Custody and has repeatedly refused to relinquish custody of the children for any of Father's periods of partial custody. By way of further answer, pursuant to the terms of the parties' Custody Order, exchanges are to occur at the Imagination Station of Adam Ricci Park. The parties have not adhered to this provision of the Custody Order since September of 2004. Instead, historically, Father's mother contacts Mother and arranges a suitable time and place for the children to be dropped off so that Father may exercise his custodial periods. In the end of July, 2007, Mother contacted Father to discuss the difficulties the children were experiencing before and after visitations with Father due to physical violence in Father's household with his girlfriend while the children are in his custody. Father expressed he wanted no contact with Mother again. As well, Father's girlfriend contacted Mother and stated she should never call Father again, and that he was unwilling to talk to her. Since July 27, 2007, Father and Father's mother have made no contact whatsoever with Mother to arrange future visitations as had been the historical practice since the Custody Order has been in place. 7. Denied. It is denied that Mother has continued to refuse to follow the Order. To the contrary, Father has made no attempts to see his children since the end of July of 2007. It is further denied that Father has shown a great deal of patience with Mother. 8. Denied. It is denied no justifiable reason exists for the conduct of Mother. Mother attempted to discuss in good faith the problems that the children were having with Father's visitation due to the physical violence in Father's household. The subject minor children, Faith R. Pinci and Madilyn N. Pinci, are being counseled by Mary Jo Devlin, LSW, BCD, who has diagnosed both children with Post Traumatic Stress Disorder due to the physical violence they have witnessed in Father's household. Ms. Devlin's current recommendation is that Father's visitation be supervised and that the children have no contact with Father's girlfriend, Devon Stewart. A copy of Mary Jo Devlin's letter and recommendation dated October 4, 2007, is attached hereto and incorporated herein. 9. Denied. It is denied that Mother's conduct is not in the best interests of the children. To the contrary, it is Father's conduct of physical violence in his household in front of the subject minor children which is not in their best interests. 10. No responsive pleading necessary as this averment represents a prayer for relief. By way of further answer, Mother believes and therefore avers that Father's visitation should be supervised as per the recommendation of the children's counselor. WHEREFORE, Respondent, Kristin R. Aldinger, respectfully requests this Honorable Court deny Petitioner Joseph M. Pinci's Petition for Contempt and Modification. Date: 0 /(U / L7 - Respectfully submitted, THE LAW OFFIC)ES OF SILLIKER & RE OLD R. 5922 Linglestown Road Harrisburg, PA 17112 (717) 671-1500 I.D. No. 57911 Attorney for Kristin R. Aldinger JOSEPH M. PINCI, : IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 03-6265 KRISTIN R. ALDINGER, CIVIL ACTION -LAW Defendant/Respondent: CHILD CUSTODY CERTIFICATE OF SERVICE The undersigned, Renee Dreisbach, hereby certifies that a copy of Respondent Kristin R. Aldinger's Response to Petitioner Joseph M. Pinci's Petition for Contempt and Modification was mailed to James G. Nealon, Esquire, on ()JQ6Q!? I D , 2007, by first-class mail, addressed as follows: James G. Nealon, Esquire 2411 North Front Street Harrisburg, PA 17110 I hereby certify that the aforegoing is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 7 isbach Renee re n''-T-4-2007 10: 22P =P,OM: MPPY JO GEVLI`l Mary Jo Devlin, LSW, BCD 3507 Market Street Suite 301 Camp Hill, PA 17011 (717) 737-5066 Fax (717) 234-2319 October 4, 2007 Attn:Attorney Kristin Reinhold Re: Faith and Madelynn Pinci Faith and Madelynn Pinci entered my psychotherapy on 8/24/2007. At that time I assessed both girls to be suffering from post traumatic stress disorder secondary to emotional and physical violence they witnessed between their father and his girlfriend, Devon Stewart at the home of Joey Pinci where they have stayed overnight and weekends. They do not want to return to that household should history repeat itself. I began EMDR therapy for PTSD with Faith on 9/19/2007 with excellent results. The goal of this therapy is to get the patient to the point where they can bring up a traumatic memory or a series of traumatic memories with negligible emotional and physical distress. I am scheduled to dD the same therapy with Madelynn Pind within the next few weeks. Despite the gains I have made with Faith, and which I expect to make with Madelyn, should the children return to the Pinci household and be re-traumatized , all our work together will be negated Given what I have been told by the children regarding their experiences Inside the Pinci household, I recommend that their visits with their father be supervised and they have no contact with his girlfriend, Devon Stewart. Attached is my curriculum vitae and brief description of the therapy I have initated with the Pincl children for the resolution of PTSD. Thank you for your attention to this matter. Sincerely, P.1 Mary Jo Devlin LSW AFFIDAVIT I, I h ('1 I n4tOiereby certify that the aforegoing is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. 4909 relating to unworn falsifications to authorities. Dated: V 00-6 / f ' ? ? } r-? ??? •-r 1 ,??, i . _ ?.. , ,.. e Y o. ?. ....? { m? ; ?? ?} JOSEPH M. PINCI, IN THE COURT OF COMMON PLEAS Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-6265 KRISTIN R. ALDINGER, : CIVIL ACTION -LAW Defendant/Petitioner : CHILD CUSTODY ORDER AND NOW, this /V' cpay of OA?_r , 2007, in consideration of the attached Complaint, it is hereby directed that the parties and their respective 7A counsel, shall appear befor GC rf i ? the onciliator, on the & day of D(/em r , 2007, at a , at ffimbul" for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a Temporary Order. All children age five and older may also be present at the conference. Failure to appear at the conference may provide grounds for the entry of a temporary or permanent Order. FOR THE COURT: Date: 10 4 0 L0 7 By: ??L?Wiva S Custody ciliat YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELEGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 Telephone: (717) 249-3166 JOSEPH M. PINCI, : IN THE COURT OF COMMON PLEAS Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-6265 KRISTIN R. ALDINGER, : CIVIL ACTION -LAW Defendant/Petitioner : CHILD CUSTODY PETITION FOR CONTEMPT AND MODIFICATION OF CUSTODY AND NOW comes the Petitioner, Kristin R. Aldinger, by and through her attorneys, the Law Offices of Silliker and Reinhold, by Kristin R. Reinhold, Esquire, and respectfully petitions this Court to find the Respondent, Joseph M. Pinci, in contempt of the Court Order dated September 10, 2004, and requests a modification thereof based upon the following: 1. Petitioner is Kristin R. Aldinger, hereinafter referred to as "Mother", an adult individual residing at 176 Wyoming Avenue, Enola, Cumberland County, Pennsylvania 17025. 2. Respondent is Joseph M. Pinci, hereinafter referred to as "Father", an adult individual residing at 105 Fairway Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The parties are the natural parents of three minor children, namely, Faith R. Pinci, born July 4, 2001, Madilyn N. Pinci, born April 13, 2003, and Ava M. Pinci, born February 17, 2005. However, it should be noted that only Faith R. Pinci and Madilyn N. Pinci are subject to this Court's Custody Order of September 10, 2004. 4. An Order for Custody was entered on September 10, 2004, wherein Mother has primary physical custody of the subject children, and Father is entitled to partial custody for the purposes of visitation on alternating Saturdays and Sundays from 9:00 a.m. until 2:00 p.m. and every Wednesday from 5:00 p.m. until 8:00 p.m. A copy of the Court's Order dated September 10, 2004, marked Exhibit "A" is attached hereto and incorporated herein. 5. Father has violated the terms of this Court's Order dated September 10, 2004, including but not limited to the following incidents: a. Father failed to contact and participate in the parties' oldest child's counseling with Dr. Mary White pursuant to paragraph four of the parties' Court Order. At the time of the entry of the Court Order, the parties' child, Faith, was diagnosed with Post Traumatic Stress Disorder after witnessing Father's physical abuse of Mother. Father's failure to participate in the child's counseling has further exacerbated the child's problem. Due to continued physical violence in Father's current household with his girlfriend, Devon Stewart, which has been witnessed by Faith and Madilyn, both children have now been diagnosed with Post Traumatic Stress Disorder, for which they are currently receiving counseling from Mary Jo Devlin, LSW, BCD. b. For approximately three years, Father has failed to exercise his custodial periods on Wednesdays from 5:00 p.m. to 8:00 p.m. pursuant to paragraph 2(a) of the parties' Court Order. Instead, Father's mother has exercised Father's custodial time with the children on Wednesdays. c. Father has failed to contact Mother by cell phone in the event he is running late for custodial exchanges pursuant to paragraph 6 of the Court Order dated September 10, 2004. Father has either failed to show up for visitations or was late and did not call Mother on the following dates: October 9, 2004, October 17, 2004, October 31, 2004, February 13, 2005, February 18, 2005, April 23, 2005, August 13, 2005, August 14, 2005, May 21, 2006, November 23, 2006, August 22, 2007, August 25, 2007, August 29, 2007, September 5, 2007, September 8, 2007, September 19, 2007, September 22, 2007, and October 3, 2007. 6. Both minor children, Faith R. Pinci and Madilyn N. Pinci, have observed physical violence between Father and his girlfriend, Devon Stewart, during their visits with Father which has caused them extreme psychological and emotional distress. It should be noted that Father served approximately one year in prison for aggravated assault/sexual assault involving an unknown female and sixty days in prison for simple assault upon Mother. Similarly, Father's girlfriend was arrested for aggravated assault and disorderly conduct on or about July 1, 2006. Due to Father's conduct while the children have been in his custody, the children's counselor, Mary Jo Devlin, LSW, is recommending that Father's visitation be supervised and that Father's girlfriend have no contact with the children. A copy of Mary Jo Devlin's report dated October 4, 2007, marked Exhibit "B", is attached hereto and incorporated herein. 7. Mother seeks a finding of contempt against Father for his actions which are in direct violation of the Order of Court dated September 10, 2004. 8. Mother believes and therefore avers that due to Father's actions in continually violating the parties' Custody Order and exposing the children to physical violence within his household, the best interests of the subject children would be served by modifying the current Custody Order to supervise Father's periods of custody with the children and enjoin Father's girlfriend from any contact with the children. 9. As a result of Father's contemptuous behavior, Mother has been forced to incur and will further incur significant attorney's fees and costs. WHEREFORE, Petitioner, Kristin R. Aldinger respectfully requests this Honorable Court: a. Find Respondent, Joseph M. Pinci, in contempt of this Court's Order dated September 10, 2004; b. Order Respondent to pay all attorney's fees and costs related to the preparation and filing of this Petition for Contempt and Modification of Court Order; c. Compel Respondent to attend anger management counseling; d. Restrict Respondent's custodial periods with the subject minor children in a supervised setting and enjoin Respondent's girlfriend, Devon Stewart, from having any contact with the subject children; e. Any other relief this Court deems reasonable and just. Date: C Q? Respectfully submitted, THE LAW OFFI ES OF SILLIKER & REOU k. 5922 LIglestown Road Hams ura, PA 17112 (717) 671-1500 I.D. No. 57911 Attorney for Kristin R. Aldinger JOSEPH M. PINCI, : IN THE COURT OF COMMON PLEAS Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-6265 KRISTIN R. ALDINGER, : CIVIL ACTION -LAW Defendant/Petitioner : CHILD CUSTODY CERTIFICATE OF SERVICE The undersigned, Renee Dreisbach, hereby certifies that a copy of a Petition for Contempt and Modification of Custody was mailed to James G. Nealon, Esquire, on , 2007, by first-class mail, addressed as follows: James G. Nealon, Esquire 2411 North Front Street Harrisburg, PA 17110 I hereby certify that the aforegoing is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: /,( bo?7 Renee Dreisbach AFFIDAVIT I, h 1.?fi n P .41 hereby certify that the aforegoing is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. 4909 relating to unworn falsifications to authorities.. Dated: U JOSEPH M. PINCI, Plaintiff L SEP 0 8 2004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6265 CIVIL TERM V. KRISTEN R. ALDINGER, Defendant CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT ek AND NOW, this _ day of September, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Leval Custody. The parties, Joseph M. Pinci and Kristen R. Aldinger, shall have shared legal custody of the minor children, Faith Rose Pinci, born July 4, 2001, and Madilyn Noel Pinci, born April 13, 2003. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the 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. Mother shall have temporary primary physical custody subject to Father's rights of partial custody which shall be arranged as follows: A. Effective September 1, 2004, each Wednesday from 5:00 p.m. to 8:00 p.m. B. Effective September 11, 2004, on alternating weekends on Saturday and on Sunday from 9:00 a.m. to 2:00 p.m. C. At such other times as the parties shall agree. 3. This Order supersedes any custody provisions which may be provided in the PFA docketed to 04-3423. E EXHIBIT tyl . N'O. 03-6265 CIVIL TERM 4. Father will contact Dr. Mary White by September 1, 2004, for an appointment regarding the parties' oldest child. Both parents will participate in out patient therapeutic counseling with Dr. White regarding Faith's emotional needs. The parties will utilize Dr. White's guidance regarding the extension of Father's partial custody time based on Faith's progress. 5. Custodial exchanges shall occur near the Imagination Station of Adam Ricci Park. 6. Father will contact Mother by cell phone in the event that he is running late for custodial exchange. 7. This Order is temporary in nature. If within sixty days of the date of this Order an additional Conference is needed, counsel for either party may contact the Conciliator by letter to request that the Custody Conciliation Conference be reconvened. BY J. Dist: Bryan S. Walk, Esquire, 114 West Chocolate Avenue, Hershey, PA 17033 Mark T. Silliker, Esquire, 5922 Linglestown Road, Harrisburg, PA 17112 Jessica Diamondstone, Esquire, Mid Penn Legal Services, 8 Irvine Row, Carlisle, PA 17013 TRUE Co? :"'? In T tirm. 0Y wll?:::oi en fi e seal?if said Z RD i here u?to set my hand .A?.f riislA. Pa. of F w JOSEPH M. PINCI, Plaintiff NO. 03-6265 CIVIL TERM v. KRISTEN R. ALDINGER, Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: IN CUSTODY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 1. The pertinent information concerning the children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Faith Rose Pinci Madilyn Noel Pinci July 4, 2001 April 13, 2003 Mother Mother 2. The parties second Custody Conciliation Conference was held on August 30, 2004 following the Father's filing of a Petition for Modification of Partial Custody or Visitation Order. Present for the conference were: the Father, Joseph M. Pinci, and his counsel, Bryan S. Walk, Esquire; the Mother, Kristen R. Aldinger, and her counsel, Mark D. Silliker, Esquire. 3. The parties reached an agreement in the form of an Order as attached. Date Melissa Peel Greevy, Esquire Custody Conciliator :234748 Mary Jo Devlin, LS,, BCD 3507 Market Street Suite 301 Camp Bill, PA 17011 (717) 737-5066 Fax (717) 234-2319 October 4, 2007 Atzn:Attorney Kristin Reinhold Re: Faith and Madelynn Pinci Faith and Madelynn Pinci entered my psychotherapy on 8/24/2007. At that time I assessed both girls to be suffering from post traumatic stress disorder secondary to emotional and physical violence they witnessed between their father and his girlfriend, Devon Stewart at the home of Joey Pinci where they have stayed overnight and weekends. They do not want to return to that household should history repeat itself. I began EMDR therapy for PTSD with Faith on 9/19/2007 with excellent results. The goal of this therapy is to get the patient to the point where they can bring up a traumatic memory or a series of traumatic memories with negligible emotional and physical distress. I am scheduled to do the same therapy with Madelyn Pinci within the next few weeks. Despite the gains I have made with Faith, and which I expect to make with Madelyn, should the children return to the Pinci household and be re-traumatized , all our work together will be negated Given what I have been tnid by the children regarding their experiences inside the Pinci household, I recommend that their visits with their father be supervised and they have no contact with his girlfriend, Devon Stewart Atlached is my curriculum vitae and brief description of the therapy I have initated with the Pinci children for the resolution of PTSD. Thank you for your attention to this matter. Sincerely, Mary Jo Devlin LSW EXHIBIT y`LL77 {? E ,, f 1 W Q V Nicole M. Werner, Esquire Nealon Gover & Perry 101 South Duke Street York, PA 17401 (717) 232-9900 nwemer@ngplawfirm.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA D 11 Joseph M. Pinci, Petitioner VS. Kristin R. Aldinger, Respondent Docket No. 03-6265 Civil Action - Law Action In Custody AFFIDAVIT OF SERVICE I c?Df? . Gr' do hereby certify, subject to the penalties of 18 Pa. C. S. Section 4904, relating to Unsworn Falsifi on to Authorities, that I am a .qp competent a It and that on the day ofGr3SAB4O 2007, at about o'clock a.m. / 4?1 served true and correct copies of the following cuments in the above-captioned matter: Petition For Contempt and Modification: Correspondence of Nicole M. Werner, Esquire, directed to Respondent, Kristin R. Aldinger, dated September 26, 2007. Servic was completed in the following manner: personally handing said copies to and leavings with the said KRISTIN R. ALDINGER at the address below, or at the followin oc iog _ Person Serving Print Name lersor) Serving Sig( Name TO BE FILLED IN BY PERSONA TING S Received t o a s n jo-7 (Date) Signature. K IS IN . LDINGER Date Received: ?;r / Address: 176 Wyoming Avenue Enola, PA 17025 For Attorney: Nicole M. Werner, Esq. Phone #s ?v9D?G Hearin Date & Time: None at this Time Additional Info: am - G el C JOSEPH M. PINCI, Plaintiff v NOV 1320M : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW KRISTIN R. ALDINGER, : NO. 2003-6265 Defendant : IN CUSTODY COURT ORDER AND NOW, this day of November, 2007, it is ordered and directed that the prior Custody Orders entered in this case are vacated and replaced with the following temporary Custody Order: 1. The father, Joseph M. Pinci, and the mother, Kristin R. Aldinger, shall enjoy shared legal custody of Faith R. Pinci, born July 4, 2001, Madilyn N. Pinci, born April 13, 2003 and Ava M. Pinci, born February 17, 2005. 2. The mother shall enjoy primary physical custody of the minor children. 3. The father shall enjoy temporary physical custody of the minor children as follows: A. On every Saturday from 10:00 a.m. until 6:00 p.m. B. At such other times as agreed upon by the parties. 4. The parties and their counsel shall meet with the Custody Conciliator again on Monday, December 17, 2007, at 8:30 a.m. 5. When father has custody of the minor children, that custody at this point shall be at his mother's home with pick-up and delivery at the mother's unless agreed in writing by the parties. However, father may take the children on trips to the movies, restaurants, etc. when he has custody and father may do so on his own subject, however, to the condition that father's girlfriend shall not be with father alone with the children. If the girlfriend is present when father is with the children, father's mother shall also be present. 6. Communication on all matters relating to the children shall be strictly between the parents. The father's girlfriend shall not interfere with any matters pertaining to custody and all agreements and communications on custody shall be between the mother and father except that father's mother may also be involved in working out details for pick-up and exchanges. °I VIN AtIAq-,[N3d L l t t i WV h l AON t001 AbYI= Hi dd Ni JO 301:40-cmu .r 7. The parties shall submit themselves and the three minor children to family therapeutic counseling to address any issues the children may have with respect to visitation with the father. Cost of this counseling that is not paid for by insurance shall be split equally between the parties. Any counselor employed to do these services shall be an independent counselor and shall share the results of the counseling sessions with legal counsel for the parties. 8. It is the intention and hope that father's periods of temporary custody shall be expanded to include overnights and other reasonable visitation. This issue will be addressed at the next Custody Conciliation Conference and will only be addressed after some meaningful counseling as set forth above takes place and there is a report provided by the counselor. 9. In the event there are any problems with the above custody schedule, legal counsel for the parties may contact the Custody Conciliator directly to schedule an emergency telephone conference between the Conciliator and the attorneys after which the Conciliator may recommend an appropriate Order to the Court. BY THE COURT. cc: ,James Nealon, Esquire istin R. Reinhold, Esquire # - ¦ JOSEPH M. PINCI, Plaintiff v KRISTIN R. ALDINGER, Defendant Prior Judge: Kevin A. Hess : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003-6265 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Faith R. Pinci, born July 4, 2001, Madilyn N. Pinci, born April 13, 2003 and Ava M. Pinci, born February 17, 2005. 2. A Conciliation Conference was held on November 8, 2007, with the following individuals in attendance: The father, Joseph M. Pinci, with his counsel, James Nealon, Esquire, and the mother, Kristin R. Aldinger, with her counsel, Kristin R. Reinhold, Esquire. 3. Based upon the strong recommendation of the Conciliator, the parties are willing to abide by an Order in the form as set forth in the attached proposed Order. Date: 1a Hubert X. Gilroy, Custody Conciliar FEe 1 0 zooer---, JOSEPH M. PINCI, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW KRISTIN R. ALDINGER, NO. 2003-6265 Defendant IN CUSTODY COURT ORDER 41 AND NOW, this day of February, 2008, the Conciliator having been advised by counsel that there is not a need for a Conciliation Conference, the Conciliation scheduled for February 19, 2008 is cancelled and the Conciliator relinquishes jurisdiction. Hubert X. Gil y, Esquire Custody Co iliator MARIA P.COGNETTI&ASSOCIATES .,_ u MARGARET M.SIMOK,ESQUIRE P ;`'1' ' J CCU! Attorney I.D.No. 89633 1/1-VAhi/A T 210 Grandview Avenue,Suite 102 Camp Hill,PA 17011 Telephone No.(717)909-4060 Email: msimok @cognettilaw.com Attorneys for Intervenors JOSEPH M. PINCI, :IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :NO. 2003-6265 KRISTIN R. ALDINGER, :CIVIL ACTION - LAW Defendant :IN CUSTODY v. • WILLIAM ALDINGER and • MICHELLE ALDINGER Intervenors PETITION FOR SPECIAL RELIEF AND NOW COMES, Petitioners/Intervenors, William and Michelle Aldinger, by and through their attorney, Margaret M. Simok, Esquire, of Cognetti & Associates, who files this Petition for Special Relief and in support thereof, avers as follows: 1. Petitioners/Intervenors are William and Michelle Aldinger, (hereinafter referred to as "Maternal Grandparents"), adult individuals currently residing at 9 Pine Ridge Circle, Enola, Cumberland County, Pennsylvania. 2. Respondent/Plaintiff is Joseph M. Pinci, (hereinafter referred to as "Father"), an adult individual currently residing at 107 Fairway Drive, Mechanicsburg, Cumberland County, Pennsylvania. atik4 a 14/ CI( 4 3sav 7c2 (O23 3. Respondent/Defendant is Kristin R. Aldinger, (hereinafter referred to as "Mother"), an adult individual residing at 915 Bridge Street, Apartment B, New Cumberland, Cumberland County, Pennsylvania. 4. Intervenors are the maternal grandparents of Faith R. Pinci, born July 2001, Madilyn N. Pinci, born April 2003 and Ava M. Pinci,born February 2005. 5. Mother and Father are parties to a custody order entered on November 13, 2007. (See attached Exhibit"A". ) 6. Maternal Grandparents have had full physical custody of the three minor children since January of 2012 when Mother was forcibly evicted from her home and subsequently entered a drug and alcohol rehabilitation program. 7. The three children, Mother, Maternal Grandparents and other related parties have spent around thirty-eight (38) hours in sessions with Mary Jo Devlin, family therapist selected by Mother. 8. In October of 2013, Ms. Devlin referred the children to Cumberland County Children and Youth Services, due to concerns regarding Mother's behaviors toward the children and the physical impact on Ava, who suffers from Crohn's disease. 9. On October 12, 2013, Cumberland County Children and Youth Services implemented a Safety Plan which concluded that Mother's time with the three children be supervised. (See attached Exhibit`B".) 10. Mother has made repeated calls to the children indicating that she will come to their home and take them to live with her and her"wife"of a few months in New Cumberland. 11. Maternal Grandparents fear that Mother, who has a documented record of drug and alcohol abuse, will take the children, in spite of the Safety Plan and current investigation, as Amy Ford, caseworker from Cumberland County Children and Youth Services explained that the Maternal Grandparents that they would not be notified of the results of the investigation. 12. Maternal Grandparents are filing a Petition for Modification of Custody Order concurrent with this Petition for Special Relief. WHEREFORE, Maternal Grandparents respectfully requests this Honorable Court temporarily grant them primary physical custody and sole legal custody, with supervised physical custody for Mother. Respectfully Submitted, COGNETTI & ASSOCIATES Date: November 20, 2013 By: MARG T M. SIMOK, ESQUIRE Attorney I.D. No. 89633 3304 Market Street Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Intervenors NOV .1 3200? JOSEPH M. PINCI, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION -LAW KRISTIN it ALDINGER, : NO. 2003-6265 Defendant : IN CUSTODY / LI COURT ORDER AND NOW, this l3tn day of November, 2007, it is ordered and directed that the prior Custody Orders entered in this case are vacated and replaced with the following temporary Custody Order: 1. The father, Joseph M. Pinci, and the mother, Kristin R. Aldinger, shall enjoy shared legal custody of Faith R. Pinci, born July 4, 2001, Madilyn N. Pinci, born April 13, 2003 and Ava M. Pinci,born February 17,2005. 2. The mother shall enjoy primary physical custody of the minor children. 3. The father shall enjoy temporary physical custody of the minor children as follows: A. On every Saturday from 10:00 a.m. until 6:00 p.m. B. At such other times as agreed upon by the parties. 4. The parties and their counsel shall meet with the Custody Conciliator again on Monday, December 17,2007, at 8:30 a.m. 5. When father has custody of the minor children,that custody at this point shall be at his mother's home with pick-up and delivery at the mother's unless agreed in writing by the parties. However,father may take the children on trips to the movies, restaurants, etc. when he has custody and father may do so on his own subject, however, to the condition that father's girlfriend shall not be with father alone with the children. If the girlfriend is present when father is with the children, father's mother shall also be present. 6. Communication on all matters relating to the children shall be strictly between the parents. The father's girlfriend shall not interfere with any matters pertaining to custody and all agreements and communications on custody shall be between the mother and father except that father's mother may also be involved in working out details for pick-up and exchanges. 4 7. The parties shall submit themselves and the three minor children to family therapeutic counseling to address any issues the children may have with respect to visitation with the father. Cost of this counseling that is not paid for by insurance shall be split equally between the parties. Any counselor employed to do these services shall be an independent counselor and shall share the results of the counseling sessions with legal counsel for the parties. 8. It is the intention and hope that father's periods of temporary custody shall be expanded to include overnights and other reasonable visitation. This issue will be addressed at the next Custody Conciliation Conference and will only be addressed after some meaningful counseling as set forth above takes place and there is a report provided by the counselor. 9. In the event there are any problems with the above custody schedule, legal counsel for the parties may contact the Custody Conciliator directly to schedule an emergency telephone conference between the Conciliator and the attorneys after which the Conciliator may recommend an appropriate Order to the Court. BY THE COURT, /`5! Judge evin A. Hess cc: James Nealon,Esquire Kristin R. Reinhold,Esquire TRUE COPY y P`: k`.41 RECORD In Testimony whic:r ef, i LI-E. c : t my hand an• a seal of said Curt a Carlisle, Pa. T of Qv • / 7 / ii 7 1 1 JAVA MI .' • rothonota - _ - ) Al ...., ' .t, z cin n .ti iv ° Q' �1 °' C'.) n D C .• co 0 s yz —CD o o V` �� '� CD m »4,, r LA. y o a �' by o Li' LP o 5 :1:' ° '" V'' co w• n �+ ° ° '. w f' o 0 O coo a -. Q- 0 a' < c4 ).--, y0- ° Z 5y z CD 0 S P— y tri o- ? n Q a b = N d m . 0 E. , s. 5 0 ca a co ,i II. ,`�o z — z.. `� CAD cn .. co 00 n 1 p, O y 00 0 ♦ :. " 0 ' C9 ,� o ,.� . b � � = o . g 4 Fi V tj CA CS w C/D C a O y CD 04.--co i .. cl 4 5 E' .9 gli '57 cp cr zo (% "q /� ^`ter F�cb�! n N (N 4 P.,. y n.O fD∎°`< YCY 1 g VERIFICATION I, WILLIAM ALDINGER hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. -�O Date: II -I rilliam Aldinger VERIFICATION I, MICHELLE ALDINGER hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. Date: I i — .f3 (. Michelle Aldinger CERTIFICATE OF SERVICE I, Margaret M. Simok, Esquire, hereby certify that I served a true and correct copy of the foregoing Petition for Special Relief at the address indicated below: Joseph M. Pinci 107 Fairway Drive Mechanicsburg, PA 17050 Kristin R.Aldinger 915 Bridge Street;Apt. B New Cumberland,PA 17070 Service by: Personal service via hand delivery X Service by First Class,United States Mail, postage pre-paid, mailed at Camp Hill, Pennsylvania, addressed as indicated above (as to Rebecca Keller and Joshua Sheaffer) Overnight delivery X Facsimile service (as to P. Richard Wager, Esquire) Certified/Registered Mail COGNETTI & ASSOCIATES Date: November 20, 2013 By: ✓Z'l MARG JET M. SIMOK, ESQUIRE Attorney I.D.No. 89633 3304 Market Street Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Intervenors • COGNETTI&ASSOCIATES MARGARET M.SIMOK,ESQUIRE 8 Attorney I.D.No. 89633 t,yy e c; 3304 Market Street P`� I' fir' Camp Telephone No.(7 17011 )909-4060 s r"r-'iS L v,,- 1 Email:msimok @cognettilaw.com Attorneys for Intervenors JOSEPH M. PINCI, :IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY,PENNSYLVANIA v. :NO. 2003-6265 KRISTIN R. ALDINGER, :CIVIL ACTION -LAW Defendant :IN CUSTODY v. WILLIAM ALDINGER and . MICHELLE ALDINGER Intervenors • CRIMINAL RECORD/ABUSE HISTORY VERIFICATION I, WILLIAM ALDINGER, hereby swear or affirm, subject to penalties of law including 18 Pa. C.S. §4904 relating to unsworn falsification to authorities, that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act, 42 Pa. C.S. §6307, to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check Crime Self Other Date of Sentence all that household conviction, apply member guilty plea, no contest plea or pending charges ❑ 18 Pa.C.S. Ch. 25 ❑ ❑ (relating to criminal 1 homicide) ❑ 18 Pa.C.S. §2702 ❑ ❑ (relating to aggravated assault) ❑ 18 Pa.C.S. §2706 ❑ ❑ (related to terroristic threats) ❑ 18 Pa.C.S. §2709.1 ❑ ❑ (relating to stalking) ❑ 18 Pa.C.S. §2901 ❑ ❑ (relating to kidnapping) ❑ 18 Pa.C.S. §2902 ❑ ❑ (relating to unlawful restraint) ❑ 18 Pa.C.S. §2903 ❑ ❑ (relating to false imprisonment) ❑ 18 Pa.C.S. §2910 ❑ ❑ (relating to luring a child into a motor vehicle or structure) ❑ 18 Pa.C.S. §3121 ❑ ❑ (relating to rape) ❑ 18 Pa.C.S. §3122.1 ❑ ❑ (relating to statutory sexual assault) ❑ 18 Pa.C.S. §3123 ❑ ❑ (relating to involuntary deviate sexual intercourse) ❑ 18 Pa.C.S. §3124.1 ❑ ❑ (relating to sexual assault) ❑ 18 Pa.C.S. §3125 ❑ ❑ (relating to aggravated indecent assault) ❑ 18 Pa.C.S. §3126 ❑ ❑ (relating to indecent assault) ❑ 18 Pa.C.S. §3127 ❑ ❑ 2 (relating to indecent exposure) ❑ 18 Pa.C.S. §3129 ❑ ❑ (relating to sexual intercourse with animal) ❑ 18 Pa.C.S. §3130 ❑ ❑ (relating to conduct relating to sex offenders) ❑ 18 Pa.C.S. §3301 ❑ ❑ (relating to arson and related offenses) ❑ 18 Pa.C.S. §4302 ❑ ❑ (relating to incest) El 18 Pa.C.S. §4303 ❑ ❑ (relating to concealing death of child) El 18 Pa.C.S. §4304 ❑ ❑ (relating to endangering welfare of children) ❑ 18 Pa.C.S. §4305 ❑ ❑ (relating to dealing in infant children) ❑ 18 Pa.C.S. §5902(b) El El (relating to prostitution and related offenses) ❑ 18 Pa.C.S. §5903(c) or ❑ ❑ (d)(relating to obscene and other sexual materials and performances) ❑ 18 Pa.C.S. §6301 ❑ ❑ (relating to corruption of minors) El 18 Pa.C.S. §6312 ❑ ❑ (relating to sexual abuse of children) El 18 Pa.C.S. §6318 ❑ ❑ (relating to unlawful 3 contact with minor) ❑ 18 Pa.C.S. §6320 ❑ ❑ (relating to sexual exploitation of children) ❑ 18 Pa.C.S. §6114 ❑ ❑ (relating to contempt for violation of protection order or agreement) ❑ Driving under the ❑ ❑ influence of drugs or alcohol ❑ Manufacture, sale, ❑ ❑ delivery, holding, offering for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct, including the following: Check Self Other Date all that household apply member ❑ A finding of abuse by a Children& Youth Agency ❑ ❑ or similar agency in Pennsylvania or similar statute in another jurisdiction ❑ Abusive conduct as defined under the Protection ❑ ❑ from Abuse Act in Pennsylvania or similar statute in another jurisdiction ❑ Other: ❑ ❑ 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4 4. If any conviction above applied to a household member, not a party, state that person's name, date of birth and relationship to the child. 8P/£iueC,f / +c-7- //KR, mod'so.,� /�4s Gc Cie 4111 4"1 sT6.,, �,��1 Si`' 7 j,inc ' �sati F�.� Oi J ci .� s �tid G S S/die ,,,,40,1 7/E, /0/4i/l,? (�L7Le'i2� 7 5. If you are aware that the other party or members of the other party's household has or have a criminal/abuse history, please explain: I verify that the information above is true and correct to the best of my knowledge, information, or belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Signature Cl x,1/7 /f/d/ Printed Name 5 CERTIFICATE OF SERVICE I, Margaret M. Simok, Esquire, hereby certify that I served a true and correct copy of the foregoing Petition for Modification of Custody Order at the address indicated below: Joseph M. Pinci 107 Fairway Drive Mechanicsburg, PA 17050 Kristin R.Aldinger 915 Bridge Street;Apt. B New Cumberland, PA 17070 Service by: Personal service via hand delivery X Service by First Class, United States Mail, postage pre-paid, mailed at Camp Hill, Pennsylvania, addressed as indicated above Overnight delivery Facsimile service Certified/Registered Mail COGNETTI & ASSOCIATES Date: November 20, 2013 By: f C MARGART M. SIMOK,ESQUIRE Attorney I.D. No. 89633 3304 Market Street Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Intervenors J 1 _ COGNETTI&ASSOCIATES �� � rl .� 4 MARGARET M.SIMOK,ESQUIRE �I 1' 41(A r Attorney I.D.No. 89633 3304 Market Street Camp Hill,PA 17011 Telephone No.(717)909-4060 Email: msimok @cognettilaw.com Attorneys for Intervenors JOSEPH M. PINCI, :IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :NO. 2003-6265 KRISTIN R. ALDINGER, :CIVIL ACTION - LAW Defendant :IN CUSTODY v. • WILLIAM ALDINGER and MICHELLE ALDINGER Intervenors PETITION FOR MODIFICATION OF CUSTODY ORDER 1. The petition of Intervenors, William and Michelle Aldinger, respectfully represents that on November 13, 2007, a Court Order regarding custody was entered, a true and correct copy of which is attached. 2. Intervenors are William and Michelle Aldinger (hereinafter referred to as "Maternal Grandparents"), adult individuals residing at 9 Pine Ridge Circle, Enola, Cumberland County, Pennsylvania. 4- 483- 4jelly4 1 ��� 3safl 3. Plaintiff is Jospeh M. Pinci (hereinafter referred to as "Father"), an adult individual residing at 107 Fairway Drive, Mechanicsburg, Cumberland County, Pennsylvania. 4. Defendant is Kristin R. Aldinger (hereinafter referred to as "Mother"), an adult individual residing at 915 Bridge Street, Apartment B, New Cumberland, Cumberland County, Pennsylvania. 5. Intervenor, William Aldinger, has attached the completed Criminal Record/Abuse History Verification form required pursuant to Pa. R.C.P. No. 1915.3-1. 6. The attached Order should be modified in the best interest of the children as Maternal Grandparents have been the sole providers for the children, with the parents' consent for over twelve consecutive months. WHEREFORE, Maternal Grandparents requests that the Court modify the existing Order because it will be in the best interest of the children. COGNETTI & ASSOCIATES Date: November 20, 2013 By: MARGAP ' M. SIMOK,ESQUIRE Attorney I.D. No. 89633 3304 Market Street Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Intervenors 2 NOV 132DD7 JOSEPH M. PINCI, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION- LAW KRISTIN R. ALDINGER, : NO. 2003-6265 Defendant : IN CUSTODY l` COURT ORDER AND NOW, this l31 day of November, 2007, it is ordered and directed that the prior Custody Orders entered in this case are vacated and replaced with the following temporary Custody Order: 1. The father, Joseph M. Pinci, and the mother, Kristin R. Aldinger, shall enjoy shared legal custody of Faith R. Pinci, born July 4, 2001, Madilyn N. Pinci, born April 13, 2003 and Ava M. Pinci,born February 17,2005. 2. The mother shall enjoy primary physical custody of the minor children. 3. The father shall enjoy temporary physical custody of the minor children as follows: A. On every Saturday from 10:00 a.m. until 6:00 p.m. B. At such other times as agreed upon by the parties. 4. The parties and their counsel shall meet with the Custody Conciliator again on Monday,December 17,2007, at 8:30 a.m. 5. When father has custody of the minor children,that custody at this point shall be at his mother's home with pick-up and delivery at the mother's unless agreed in writing by the parties. However,father may take the children on trips to the movies, restaurants, etc. when he has custody and father may do so on his own subject, however, to the condition that father's girlfriend shall not be with father alone with the children. If the girlfriend is present when father is with the children, father's mother shall also be present. 6. Communication on all matters relating to the children shall be strictly between the parents. The father's girlfriend shall not interfere with any matters pertaining to custody and all agreements and communications on custody shall be between the mother and father except that father's mother may also be involved in working out details for pick-up and exchanges. • • • 7. The parties shall submit themselves and the three minor children to family therapeutic counseling to address any issues the children may have with respect to visitation with the father. Cost of this counseling that is not paid for by insurance shall be split equally between the parties. Any counselor employed to do these services shall be an independent counselor and shall share the results of the counseling sessions with legal counsel for the parties. 8. It is the intention and hope that father's periods of temporary custody shall be expanded to include overnights and other reasonable visitation. This issue will be addressed at the next Custody Conciliation Conference and will only be addressed after some meaningful counseling as set forth above takes place and there is a report provided by the counselor. 9. In the event there are any problems with the above custody schedule, legal counsel for the parties may contact the Custody Conciliator directly to schedule an emergency telephone conference between the Conciliator and the attorneys after which the Conciliator may recommend an appropriate Order to the Court. BY THE COURT, /-51 Judge evin A. Hess cc: James Nealon,Esquire Kristin R Reinhold,Esquire TRUE COPY F.71":',M RECORD in Testimony v:huz,ef, I hsr y 'rto :-st my hand an. e see o said Curt a- Carlisle, Pa. T .7.. . • of Q / 7 A. �. / . .� . . al • rothonota VERIFICATION I, MICHELLE ALDINGER hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Date: / 1 13 1/��e-c�/2 e�-Q - 1/ Michelle Aldinger VERIFICATION I,WILLIAM ALDINGER hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. Date: /f -a0 `3 . /� '��_ illiam Aldinger COGNETTI&ASSOCIATES '4 MARGARET M.SIMOK,ESQUIRE Attorney I.D.No. 89633 �; 3 `mot 3304 Market Street ` Camp Hill,PA 17011 A Ni "(f 8 ° Telephone No. (717)909-4060 t`Ct�'t 1 Email:msimok @cognettilaw.com Attorneys for Intervenors JOSEPH M.PINCI, :IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY,PENNSYLVANIA v. :NO. 2003-6265 KRISTIN R.ALDINGER, :CIVIL ACTION -LAW Defendant :IN CUSTODY v. • WILLIAM ALDINGER and • MICHELLE ALDINGER • • Intervenors CRIMINAL RECORD /ABUSE HISTORY VERIFICATION I, WILLIAM ALDINGER, hereby swear or affirm, subject to penalties of law including 18 Pa. C.S. §4904 relating to unsworn falsification to authorities,that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act, 42 Pa. C.S. §6307, to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check Crime Self Other Date of Sentence all that household conviction, apply member guilty plea, no contest plea or pending charges ❑ 18 Pa.C.S. Ch. 25 ❑ ❑ (relating to criminal 1 homicide) ❑ 18 Pa.C.S. §2702 ❑ ❑ (relating to aggravated assault) ❑ 18 Pa.C.S. §2706 ❑ ❑ (related to terroristic threats) ❑ 18 Pa.C.S. §2709.1 ❑ El (relating to stalking) ❑ 18 Pa.C.S. §2901 ❑ ❑ (relating to kidnapping) El 18 Pa.C.S. §2902 ❑ ❑ (relating to unlawful restraint) ❑ 18 Pa.C.S. §2903 ❑ ❑ (relating to false imprisonment) ❑ 18 Pa.C.S. §2910 ❑ ❑ (relating to luring a child into a motor vehicle or structure) ❑ 18 Pa.C.S. §3121 ❑ ❑ (relating to rape) ❑ 18 Pa.C.S. §3122.1 ❑ ❑ (relating to statutory sexual assault) ❑ 18 Pa.C.S. §3123 ❑ ❑ (relating to involuntary deviate sexual intercourse) ❑ 18 Pa.C.S. §3124.1 ❑ El (relating to sexual assault) ❑ 18 Pa.C.S. §3125 ❑ El (relating to aggravated indecent assault) ❑ 18 Pa.C.S. §3126 ❑ ❑ (relating to indecent assault) ❑ 18 Pa.C.S. §3127 ❑ ❑ 2 (relating to indecent exposure) ❑ 18 Pa.C.S. §3129 ❑ ❑ (relating to sexual intercourse with animal) ❑ 18 Pa.C.S. §3130 ❑ ❑ (relating to conduct relating to sex offenders) ❑ 18 Pa.C.S. §3301 ❑ ❑ (relating to arson and related offenses) ❑ 18 Pa.C.S. §4302 ❑ ❑ (relating to incest) ❑ 18 Pa.C.S. §4303 ❑ ❑ (relating to concealing death of child) ❑ 18 Pa.C.S. §4304 ❑ ❑ (relating to endangering welfare of children) ❑ 18 Pa.C.S. §4305 ❑ ❑ (relating to dealing in infant children) ❑ 18 Pa.C.S. §5902(b) ❑ ❑ (relating to prostitution and related offenses) ❑ 18 Pa.C.S. §5903(c) or ❑ ❑ (d)(relating to obscene and other sexual materials and performances) ❑ 18 Pa.C.S. §6301 ❑ ❑ (relating to corruption of minors) ❑ 18 Pa.C.S. §6312 ❑ ❑ (relating to sexual abuse of children) ❑ 18 Pa.C.S. §6318 ❑ ❑ (relating to unlawful 3 contact with minor) ❑ 18 Pa.C.S. §6320 ❑ ❑ (relating to sexual exploitation of children) ❑ 18 Pa.C.S. §6114 ❑ ❑ (relating to contempt for violation of protection order or agreement) ❑ Driving under the ❑ ❑ influence of drugs or alcohol ❑ Manufacture, sale, ❑ ❑ delivery, holding, offering for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct, including the following: Check Self Other Date all that household apply member ❑ A finding of abuse by a Children & Youth Agency ❑ ❑ or similar agency in Pennsylvania or similar statute in another jurisdiction ❑ Abusive conduct as defined under the Protection ❑ ❑ from Abuse Act in Pennsylvania or similar statute in another jurisdiction ❑ Other: ❑ ❑ 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4 • 4. If any conviction above applied to a household member, not a party, state that person's name, date of birth and relationship to the child. • 4� 1 j 8e/6 UY'c' TAO— ,✓Uj/'R, "i`'ma //&c c Cie,in,4, tir f� / me STS�t„/ _Verv, Fv/t /4v c,/f„i,eS - J �c o� 5. If you are aware that the other party or members of the other party's household has or have a criminal/abuse history,please explain: I verify that the information above is true and correct to the best of my knowledge, information, or belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Signature (I Printed Name 5 CERTIFICATE OF SERVICE I, Margaret M. Simok, Esquire, hereby certify that I served a true and correct copy of the foregoing Petition for Modification of Custody Order at the address indicated below: Joseph M. Pinci 107 Fairway Drive Mechanicsburg, PA 17050 Kristin R. Aldinger 915 Bridge Street;Apt.B New Cumberland,PA 17070 Service by: Personal service via hand delivery X Service by First Class, United States Mail, postage pre-paid, mailed at Camp Hill, Pennsylvania, addressed as indicated above Overnight delivery Facsimile service Certified/Registered Mail COGNETTI & ASSOCIATES Date: November 20, 2013 By: v� MARGARU M. SIMOK,ESQUIRE Attorney I.D. No. 89633 3304 Market Street Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Intervenors • JOSPEH M. PINCI, • IN THE COURT OF COMMON PLEAS OF Plaintiff • CUMBERLAND COUNTY, PENNSYLVANIA v. • NO. 2003-6265 CIVIL TERM KRISTIN MADISON, • CIVIL ACTION-LAW f/k/a KRISTIN R. ALDINGER, • Defendant • IN CUSTODY '- r • • WILLIAM ALDINGER and • ra MICHELLE ALDINGER, • Intervenors : fiC"--; (e? PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendant, Kristin Madison, f/k/a Kristin R. Aldinger, in the above-captioned matter. Respectfully submitted, BARIC SCHERER LLC Date: November 27, 2013 Bret P. haffer, Esquire I.D.# 309180 19 West South Street Carlisle, PA 17013 (717) 249-6873 r CERTIFICATE OF SERVICE I hereby certify that on November 27,2013,I,Andrea M. Ramos, secretary at Baric Scherer LLC,did serve the Praecipe for Entry of Appearance,by first class U.S.mail,postage prepaid,to the party listed below, as follows: Jospeh M. Pinci 107 Fairway Drive Mechanicsburg, Pennsylvania 17050 Margaret M. Simok, Esquire Cognetti & Associates 3304 Market Street Camp Hill, Pennsylvania 17011 a/LULL I/- l Andrea . Rams JOSEPH M. PINCI IN THE COURT OF COMMON PLEAS OF - - PLAINTIFF . CUMBERLAND COUNTY, PENNSYLVAN[ r • me - t V. 2003-6265 CIVIL ACTION LAW J -0 KRISTIN R. ALDINGER, WILLIAM - — _ ALDINGER, MICHELLE ALDINGER IN CUSTODY <C; yr, DEFENDANT '' ORDER OF COURT AND NOW, Tuesday,December 03,2013 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy,Esq. , the conciliator, at 4th Floor,Cumberland County Courthouse,Carlisle on Thursday,December 26,2013 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/ Hubert X. Gilroy, 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. � Cumberland County Bar Association l:.0 CS /nk•1 32 South Bedford Street . Ps/no Carlisle, Pennsylvania 17013 K. ��. `� Telephone (717)249-3166 '_7 It" J. LO • laii4/13 JOSEPH M. PINCI, Plaintiff two�� ;04 11 I ' ',� "21 11 IN THE COURT OF COMMON PLEAS KRISTIN R. ALDINGER, OF THE NINTH JUDICIAL DISTRICT Defendant v. 2003-06265 CIVIL TERM WILLIAM ALDINGER AND MICHELLE IN CUSTODY ALDINGER, Intervenors IN RE: PETITION FOR SPECIAL RELIEF ``y ORDER OF COURT AND NOW, this\,‘ day of December 2013, upon consideration of Intervenors' Petition for Special Relief, it is hereby ORDERED and DECREED that Maternal Grandparents, William and Michelle Aldinger, shall exercise temporary primary physical custody of the children, Faith R, Madilyn N., and Ava M. Pinci. Maternal Grandparents are also granted temporary shared legal custody of the children with Plaintiff Father, Joseph M. Pinci. Mother's time with the children must be supervised according to the Safety Plan established by Cumberland County Children and Youth Services. The remainder of the petition is referred to conciliation for entry of a final custody order. BY COURT, Thomas A. Placey C.P.J. Distribution: L,w, rgaret M. Simok, Esq. rnC) c� ./Jooseph M. Pinci r" "- stin R. Aldinger �l �y , - ( c:: Court Administration _p L50c . l� i r_ Coo i.cs iy/ci.LcL • crs /0;i/11M t , 7 Jo JOSEPH M. PINCI, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA , v 2003-6265 CIVIL ACTION- LAW mom' .� KRISTIN R. ALDINGER, : , Defendant : IN CUSTODY CD -- C-' rte. COURT ORDER �II oo-- AND NOW,this day of December,2013,upon consideration of the attached Custody Conciliation Report, it is ordered and directed that this Court's Order of December 11, 2013, shall remain in place as a TEMPORARY Order subject to the following modifications: 1. The Court noting that the Cumberland County Children and Youth Services Safety Plan has been withdrawn as Children's Services is no longer involved in the case,the provision relating to supervised visitation consistent with the plan in the December 11, 2013, Order is removed. 2. Mother shall have periods of partial physical custody with the minor children taking place at the maternal grandparents' home as follows: A. Sunday, December 22, 2013, from noon until 5:00 p.m. B Christmas Day from noon until 5:00 p.m. C. Thereafter,every Sunday from noon until 5:00 p.m. (Or Saturday if the parties agree)and one evening per week,to be agreed upon by the parties with it being Tuesday evening if the parties cannot agree, from 6:00 p.m. until 8:30 p.m. 3. The parties shall meet for another Custody Conciliation on Friday, January 10,2014, at 2:00 p.m. on the Fourth Floor of the Cumberland County Courthouse. 4. Mother shall make arrangements for the maternal grandparents to visit the mother's home so that they can see the home as to where it is and the condition. 5. Counsel for the maternal grandparents shall make arrangements for a risk assessment to be performed on the mother with the cost of that assessment to be paid for by the maternal grandparents. If possible,this risk assessment should be completed prior to the Conciliation Conference scheduled for January 10,and copies of any reports should be furnished in advanced of the Conference to legal counsel for all parties and the Custody Conciliator. The maternal grandparents' attorney shall insure that father gets a copy of all of the documents mentioned in this Order. 6. Mother's counsel shall investigate opportunities for parenting classes to be initiated by mother,with the hope that such classes can be initiated prior to the January 10,Custody Conciliation Conference. 7. The schedule set forth above can be modified by agreement of the parties. Absent an agreement for modification of the Order,the schedule set forth above shall control. 8. It is the hope and intent of this Order that mother's time will be expanded after the January 10 Conciliation Conference, assuming the visitations outlined above go well and there are no other issues that would justify delaying mother having the opportunity to take the children to her home unsupervised. 9. The agreement of the parties to this Order does not prejudice the parties from advancing a different position if the parties have to go a hearing on this case. No party shall be permitted to relocate the residence of the child where said relocation will significantly impair the ability to exercise custody unless every individual who has custodial rights to the child consents to the proposed relocation or the court approves the proposed relocation. Any party proposing to relocate MUST comply with 23 Pa. C.S. § 5337. BY THE COURT Thomas Placey, Judge cc: /16argaret M. Simok, Esquire Joseph M Pinci . A s. Kristin R. Aldinger 4 ec;sp • ? • 3\ 11". JOSEPH M. PINCI, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : 2003-6265 CIVIL ACTION - LAW KRISTIN R. ALDINGER, • Defendant : IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The Conciliator met with the mother,her counsel,the maternal grandparents and their counsel and the father on December 19, 2013, for a very lengthy Conciliation Conference. Based upon that Conference,the Conciliator recommends an Order in the form as attached. �y Date: December a , 2013 ■ Hubert X. Gilroy, Esq ' e Custody Conciliator X� JOSEPH M. PINCI, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v 2003-6265 CIVIL ACTION - LAW KRISTIN R. ALDINGER, Defendant WILLIAM ALDINGER AND MICHELLE ° ALDINGER, r- Intervenors : IN CUSTODY ` ' + PRIOR JUDGE: The Honorable Thomas A. Placey :T.{ COURT ORDER AND NOW,this jf5 day of January, 2014, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. 6 of the Cumberland County Courthouse on the 7`" day of February, 2014 at 10:30 a.m. At this hearing,the mother shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a detailed memorandum setting forth the history of custody in this case, a list of witnesses each party would desire to testify at the hearing and a summary of the anticipated testimony of each witness. It is noted that this hearing is scheduled for the limited purpose and scope of determining whether mother's periods of partial physical custody need to be supervised or not. On that basis, the memorandum filed by counsel should specifically address that issue and specifically advise the Court what each party's position is on that issue and the rationale for that position. The Court notes that it has allotted only one and a half hours for the scheduled hearing in this matter and that the maternal grandparents desire to offer expert witness testimony. In lieu of any expert witness testimony at the hearing on February 7, 2014, counsel for the maternal grandparents is directed to attach to their pretrial memorandum copies of any expert reports for witnesses she would propose to testify in this matter. After hearing testimony from the parties on February 7, 2014, and after review of the expert witness reports, the Court will determine if another hearing needs to be scheduled for purposes of taking in person testimony from experts in order for the Court to adequately address the limited issue of whether the mother's periods of partial custody should be supervised or not. 2. Pending further Order of this Court, this Court's prior Order of December 30, 2013, which incorporated the Order of December 11, 2013, shall remain in place. No party shall be permitted to relocate the residence of the child where said relocation will significantly impair the ability to exercise custody unless every individual who has custodial rights to the child consents to the proposed relocation or the court approves the proposed relocation.Any party proposing to relocate MUST comply with 23 Pa. C.S. § 5337. Thomas lacey, Judge cc: 4wgaret M. Simok, Esquire Mr—Joseph M Pinci /Bret Shaffer, Esquire JOSEPH M. PINCI, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v 2003-6265 CIVIL ACTION- LAW KRISTIN R. ALDINGER, Defendant WILLIAM ALDINGER AND MICHELLE ALDINGER, Intervenors : IN CUSTODY PRIOR JUDGE: The Honorable Thomas A. Placey MEMORANDUM TO THE COURT ADMINISTRATOR'S OFFICE The Conciliator estimates that the hearing in this case shall take no more than one and a half hours Date: January , 2014 Hubert X. Gilroy, Esquire Custody Conciliator JOSEPH M. PINCI, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v 2003-6265 CIVIL ACTION - LAW KRISTIN R. ALDINGER, Defendant WILLIAM ALDINGER AND MICHELLE ALDINGER, Intervenors : IN CUSTODY PRIOR JUDGE: The Honorable Thomas A. Placey CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE 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: Faith R. Pinci, born July 4, 2001, Madilyn N. Pinci, born April 13, 2003 and Ava M. Pinci,born February 17, 2005. 2. A Conciliation Conference was held on January 10, 2014, with the following individuals in attendance: The maternal granparents,William Aldinger and Michelle Aldinger,with their counsel, Margaret M. Simok, Esquire, and the mother Kristin R. Aldinger, with her counsel, Bret Shaffer,Esquire. The father,Joseph M.Pinci,did not appear,and counsel for the parties related to the Conciliator that the father is not actively involved in the children's lives. 3. The recent history of this case was that Judge Placey, by Special Order of December 11,2013,granted the maternal grandparents temporary primary physical custody of the children and shared legal custody. At that time,the parties were involved in issues with Children Services and the children had been removed from mother's custody. The parties then appeared before the Custody Conciliator on December 19, 2013, at which time there was an agreement reached that mother would have supervised visitation at the other parent's home on a number of days including Christmas Day and every Sunday for five hours and every Tuesday evening for two and a half hours thereafter. The agreement reached at the Custody Conciliation was reduced to a December 30, 2013,Court Order which authorized the maternal grandparents to have a risk assessment done for the mother. A risk assessment was completed, and the professional suggested that the supervised visitation should continue. The parties again appeared at a Custody Conciliation Conference on January 10,2014, with the maternal grandparents continuing to take the position that supervised visitation should continue. The mother felt that she did not believe there was any need for supervised visitation. However,the mother is not seeking any more custody than what she had under the exiting Order, she just wanted to eliminate the supervised visitation and take the children to her home. She was not seeking overnights or extensive time with the children. Although the Conciliator acknowledges that the maternal grandparents have significant and sincere concerns with respect to the parenting abilities of the mother, the Conciliator did not hear at the Conciliation Conferences held in this case nor did the Conciliator observe from the risk assessment report any information indicating that the mother would be a "threat" to the children if her limited (no more than five hours) periods of partial custody were unsupervised. The Conciliator made that position known to the parties at the Conciliation Conference and the maternal grandparents continued to maintain their position that visitation must be supervised. On that basis and in light of the fact that the most recent two Orders of Court required supervised visitation,the Conciliator did not feel comfortable recommending to the Court that the supervised visitation be eliminated without the Court conducting some type of hearing for testimony. The attorney for the maternal grandparents noted that she would like to call expert witnesses at the hearing in this matter. After consultation with Judge Placey, the Conciliator recommends an Order in the form as attached. Date: Januaa3 , 2014 z�W, V// /Stody t X. Gilroy, Esquire Conciliator yy L$l 5 "r� " JOSEPH M. PINCI, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVigsTI v. No. 2003-6265 CIVIL TERM rn CD rn KRISTIN MADISON, CIVIL ACTION—LAW -< (f f/k/a KRISTIN R.ALDINGER, Defendant IN CUSTODY • WILLIAM ALDINGER and -' No • MICHELLE ALDINGER, . Intervenors PRIOR JUDGE: HON. THOMAS A. PLACEY STIPULATION AND AGREEMENT OF THE PARTIES AND NOW Joseph M. Pinci, Kristin Madison f/k/a Kristin R.Aldinger and William and Michelle Aldinger do hereby stipulate and agree as follows: 1. This Stipulation and Agreement of the Parties("Agreement")concerns the physical custody of Faith R. Pinci,born July 4, 2001; Madilyn N.Pinci,born r April 13, 2003; and Ava M. Pinci, born February 17, 2005 (collectively "children"). 2. Kristin Madison f/k/a Kristin R. Aldinger and Joseph M. Pinci are the biological parents of the children,while William and Michelle Aldinger are the maternal grandparents of the children. 3. On or about November 20, 2013, William and Michelle Aldinger did cause to be filed with the Court a Petition for Modification of Custody Order and a Petition for Special Relief. 4. The Court ordered the parties to appear at an initial conciliation conference, held _ $ . on December 19, 2013, at which appeared all parties named in the case caption. 5. Thereafter, a follow-up conciliation was held on January 10, 2014, at which time William and Michelle Aldinger requested the matter be listed for a hearing on the sole issue of whether Kristin Madison should be able to exercise periods of unsupervised physical custody of the children; Mr. Pinci did not attend the follow-up conciliation. 6. This Honorable Court set the matter for hearing on Febraury 7, 2014, at 10:30 a.m. 7. By entering this stipulation and agreement, William and Michelle Aldinger do hereby withdraw their previous request for a hearing and consent to that matter's removal from the Court's schedule. Y t- 8. The parties acknowledge and agree that William and Michelle Aldinger shall k continue to exercise primary physical custody of the children. 9. The parties acknowledge and agree that Kristin Madison shall exercise the following periods of unsupervised physical custody with the understanding that Kristin Madison shall provide all necessary transportation: a. Tuesday from 6:00 P.M. until 8:30 P.M.that same evening; b. Saturday at 10:00 A.M.through 5:00 P.M. Sunday evening; c. such other time as the parties may agree. *` 10. The parties acknowledge and agree that Kristin Madison's periods of unsupervised physical custody may be modified upon reasonable notice and the consent of the affected parties 11. The parties acknowledge and agree that this Agreement by no means precludes the parties from arranging additional periods of unsupervised or supervised ' physical custody. xi 12. Kristin Madison acknowledges and agrees that she will not attend N.A. (Narcotics Anonymous)meetings or the like with the children. 13. The parties shall be entitled to reasonable telephone contact with the children when not in their physical custody. 14. Execution of this agreement shall not be a bar to further custody proceedings by any party hereto. IN WITNESS WHEREOF,the parties hereto have signed their hands and seals as follows: 1 h i tc. Is l a S el, (SEAL) / � (SEAL) Kristin Madison illiam Aldinger f/k/a Kristin R.Aldinger Michelle Aldinger Bret Shaffer, Esquire Margaret!!' eg" Simok, Esquire Attorney for Kristin Madison Attorney or William and Michelle Aldinger • Joseph M. Vinci F!LI It O iC . � y -7 AMD 3 CUMBERLAND COUNTY PENNSYLVANIA JOSEPH M. PINCI, AN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY,PENNSYLVANIA V. :NO.2003-6265 KRISTIN R.ALDINGER, :CIVIL ACTION-LAW Defendant :IN CUSTODY V. WILLIAM ALDINGER and MICHELLE ALDINGER Intervenors ORDER AND NOW, this (13 day of ;-JoY' , 2014 upon consideration of the attached, fully executed Stipulation and Agreement of the Parties, it is HEREBY ORDERED and decreed that the Stipulation and Agreement of the Parties is incorporated herein as an Order of Court. BY T OURT: Common Pleas Judge J. Distribution: garet.M. Simok,Esquire,Cognetti &Associates, 3304 Market Street, Camp Hill, PA 17011 Bret Shaffer, Baric Scherer, 19 West South Street, Carlisle, PA 17013 a 7/t 7 JOSEPH M. PINCI, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA c-1 v. No. 2003-6265 CIVIL TERM -- -a KRISTIN MADISON, CIVIL ACTION - LAW ter-- ro C' f/k/a KRISTIN R. ALDINGER,-� �' Defendant IN CUSTODY�Cn - G t WILLIAM ALDINGER and v MICHELLE ALDINGER, --i �. Intervenors PRIOR JUDGE: HON. THOMAS A. PLACEY STIPULATION AND AGREEMENT OF THE PARTIES AND NOW Joseph M. Pinci, Kristin Madison f/k/a Kristin R. Aldinger and William and Michelle Aldinger do hereby stipulate and agree as follows: 1. This Stipulation and Agreement of the Parties ("Agreement") concerns the physical custody of Faith R. Pinci, born July 4, 2001; Madilyn N. Pinci, born April 13, 2003; and Ava M. Pinci, born February 17, 2005 (collectively "children"). 2. Kristin Madison f/k/a Kristin R. Aldinger and Joseph M. Pinci are the biological parents of the children, while William and Michelle Aldinger are the maternal grandparents of the children. 3. Prior to 2013, the only parties to this matter were Kristin Madison and Joseph M. Pinci. 4. Prior to 2013, a Court Order dated November 13, 2007, controlled in this matter. A true and correct copy of the November 13, 2007 Court Order is attached hereto as Exhibit "A" and is incorporated by reference herein. 5. The November 13, 2007 Court Order provided that (a) Kristin Madison and Joseph M. Pinci would share legal custody of the children, (b) Kristin Madison would enjoy primaryphysical custodyof the children and (c) Joseph M. Pinci YpY would enjoy custody from 10:00 a.m. to 6:00 p.m. each Saturday unless otherwise agreed by the parties. 6. On or about November 25, 2013, William and Michelle Aldinger did cause to be filed with the Court a Petition for Modification of Custody Order and a Petition for Special Relief. 7. At the time these petitions were filed, the children were residing solely with William and Michelle Aldinger. 8. The Court entered an Order of Court on December 11, 2013, in regard to the Petition for Special Relief. A true and correct copy of this Order is attached hereto as Exhibit "B" and is incorporated by reference herein. 9. The December 11, 2013 Order of Court provided that (a) William and Michelle Aldinger would exercise temporary primary physical custody of the children and have shared legal custody with Joseph M. Pinci and (b) Kristin Madison's time with the children would be supervised in accordance with a Safety Plan established by Cumberland County Children and Youth Services. 10. By separate Order, the Court ordered the parties to appear at an initial conciliation conference, held on December 19, 2013, at which appeared all parties. 11. Following the conciliation, the Court entered a December 30, 2013 Order of Court modifying the December 11, 2013 Order of Court. A true and correct copy of the December 30, 2013 Order of Court is attached hereto as Exhibit "C" and is incorporated by reference herein. 12. The December 30, 2013 Order of Court (a) noted that the Safety Plan had been withdrawn and that supervised visitation for Kristin Madison was no longer required, (b) provided Kristin Madison with periods of partial custody and (c) provided for an additional conciliation to be held on Friday, January 10, 2014. 13. The December 30, 2013 Order of Court also provided that Kristin Madison would undergo a risk assessment and pursue parenting classes. 14. The December 30, 2013 Order of Court also noted that it was the "hope and intent of this Order that [Kristin Madison's] time will be expanded ... assuming the visitations outlined above go well and there are no other issues that would justify delaying mother having the opportunity to take the children to her home unsupervised." 15. Thereafter, a follow-up conciliation was held on January 10, 2014, at which time William and Michelle Aldinger requested the matter be listed for a hearing on the sole issue of whether Kristin Madison should be able to exercise periods of unsupervised physical custody of the children; Mr. Pinci did not attend the follow-up conciliation. 16. By a January 15, 2014 Order of Court, this Court set the matter for hearing on Febraury 7, 2014, at 10:30 a.m. A true and correct copy of the January 15, 2014 Order of Court is attached hereto as Exhibit "D" and is incorporated by reference herein. 17. Prior to the hearing, the parties entered into a Stipulation and Agreement of the Parties regarding the physical custody of the children, which was filed with this Court on February 5, 2014, thus removing any need for the Court to hear the matter. A true and correct copy of the Stipulation and Agreement of the Parties is attached hereto as Exhibit "E" and is incorporated herein. 18. The February 5, 2014 Stipulation and Agreement of the Parties was made a part of the record in this matter by Order of Court dated February 6, 2014. A true and correct copy of the Order of Court is attached hereto as Exhibit "F" and is incorporated herein. 19. The parties hereto now seek to modify the February 5, 2014 Stipulation and Agreement of the Parties. 20. The parties acknowledge and agree that Kristin Madison has now had primary custody of the children for a substantial period of time and is a fit and responsible parent for the children. 21. The parties acknowledge and agree that it is their desire for Kristin Madison to have full physical custody of the children. 22. The parties acknowledge and agree Joseph M. Pinci and William and Michelle Aldinger may still exercise visitation by agreement with Kristin Madison. 23. The parties acknowledge and agree that it is their desire for Kristin Madison and Joseph M. Pinci to have shared legal custody of the children. 24. The parties acknowledge and agree that William and Michelle Aldinger shall no longer exercise legal custody of the children. 25. The parties acknowledge and agree that it is in the best interest of the children for this Honorable Court to enter an Order granting full physical custody of the children and shared legal custody of the children to Kristin Madison and shared legal custody of the children to Joseph M. Pinci. 26. Execution of this agreement shall not be a bar to further custody proceedings by any party hereto. 27. Each party hereto acknowledges and agrees that it is his/her intent to have this Stipulation and Agreement of the Parties made effective and binding by an appropriate Order of Court and do hereby consent to the entry of such Order of Court. IN WITNESS WHEREOF, the parties hereto have signed their hands and seals as follows: (6 (361 Kristin n dison f/k/a Kristin R. Aldinger (SEAL) or. illiam Aldin:er Bret P. Shaffer, Esquire Attorney for Kristin Madison J . seph M. Pinci Gu& (SEAL) ichelle Aldinger i e .c; ©,1� m --/i-1 MargarJ 'Peg" Simok, Esquire Attorney for William and Michelle Aldinger I' NOV i 32001, JOSEPH M. PINCI, : IN .THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW KRISTIN R. ALDINGER, : NO. 2003-6265 Defendant : IN CUSTODY COURT ORDER AND NOW, this/?' day of November, 2007, it is ordered and directed that the prior Custody Orders entered in this case are vacated and replaced with the following temporary Custody Order: 1. The father, Joseph M. Piaci, and the mother, Kristin R. Aldinger, shall enjoy shared legal custody of Faith R. Pinci, born July 4, 2001, Madilyn N. Pinci, born April 13, 2003 and Ava M. Pinci, born February 17, 2005. 2. The mother shall enjoy primary physical custody of the minor children. 3. The father shall enjoy temporary physical custody of the minor children as follows: A. On every Saturday from 10:00 a.m. until 6:00 p.m. B. At such other times as agreed upon by the parties. 4. The parties and their counsel shall meet with the Custody Conciliator again on Monday, December 17, 2007, at 8:30 a.m. 5. When father has custody of the minor children, that custody at this point shall be at his mother's home with pick-up and delivery at the mother's unless agreed in writing by the parties. However, father may take the children on trips to the movies, restaurants, etc. when he bas custody and father may do so on his own subject, however, to the condition that father's girlfriend shall not be with father alone with the children. If the girlfriend is present when father is with the children, father's mother shall also be present. 6. Communication on an matters relating to the children shall be strictly between the parents. The father's girlfriend shall not interfere with any matters pertaining to custody and all agreements and communications on custody shall be between the mother and father except that father's mother may also be involved in working out details for pick-up and exchanges. EXHIBIT OF 711E PRO ,ONO, TARY 2001 NOV 14 MU' 17 CUMBEHLANO COUNTY PENhSYLVANA i 7. The parties shall submit themselves and the three minor children to family therapeutic counseling to address any issues the children may have with respect to visitation with the father. Cost of this counseling that is not paid for by insurance shall be split equally between the parties. Any counselor employed to do these services shall be an independent counselor and shall share the results of the counseling sessions with legal counsel for the parties: 8. It is the intention and hope that father's periods of temporary custody shall be expanded to include overnights and other reasonable visitation. This issue will be addressed at the next Custody Conciliation Conference and will only be addressed after some meaningful counseling as set forth above takes place and there is a report provided by the counselor. 9. In the event there are any problems with the above custody schedule, legal counsel for the parties may contact the Custody Conciliator directly to schedule an emergency telephone conference between the Conciliator and the attorneys after which the Conciliator may recommend an appropriate Order to the Court. BY THE COURT, Judge vin A. Hess cc: 4mes Nealon, Esquire difistin R. Reinhold, Esquire JOSEPH M. PINCI, Plaintiff v. KRISTIN R. ALDINGER, Defendant v. WILLIAM ALDINGER AND MICHELLE ALDINGER, Intervenors IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 2003-06265 CIVIL TERM IN CUSTODY IN RE: PETITION FOR SPECIAL RELIEF rr ORDER OF COURT AND NOW, this \I\ day of December 2013, upon consideration of Intervenors' Petition for Special Relief, it is hereby ORDERED and DECREED that Maternal Grandparents, William and Michelle Aldinger, shall exercise temporary primary physical custody of the children, Faith R, Madilyn N., and Ava M. Pinci. Maternal Grandparents are also granted temporary shared legal custody of the children with Plaintiff Father, Joseph M. Pinci. Mother's time with the children must be supervised according to the Safety Plan established by Cumberland County Children and Youth Services. The remainder of the petition is referred to conciliation for entry of a final custody order. Distribution: rgaret M. Simok, Esq. ./J'oseph M. Pinci ,�•IFristin R. Aldinger i Court AdministrationCo Jp 1 �l AS' frtati ./ ilia BY COURT, Thomas A. Placey EXHIBIT ,,B it C. P.J. 'nrn Q zm Nr -<� rte;, c.n JOSEPH M. PINCI, Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA 4'� e v : 2003-6265 CIVIL ACTION - LAW-rl3 m co ,=1 r, :J IN CUSTODY Com' r. COURT- ORDER AND NOW, this day ofpecember,:2013 upon eonsiderali©nofthealtaehed. islody : IN THE COURT OF COMMON PLEAS OF KRISTIN R. ALDINGER, Defendant �;. Conciliation Report, it is ordered and directed that this Court's Order of December 11, 2013, shall remain in place as a TEMPORARY Order subject to the following modifications: 1. The Court noting that the Cumberland County Children and Youth Services Safety Plan has been withdrawn as Children's Services is no longer involved in the case, the provision relating to supervised visitation consistent with the plan in the December 11, 2013, Order is removed. 2. Mother shall have periods of partial physical custody with the minor children taking place at the maternal grandparents' home as follows: A. Sunday, December 22, 2013, from noon until 5:00 p.m. 13 Christmas Day from noon until 5:00 p.m. C. Thereafter, every Sunday from noon until 5:00 p.m. (Or Saturday if the parties agree) and one evening per week, to be agreed upon by the parties with it being Tuesday evening if the parties cannot agree, from 6:00 p.m. until 8:30 p.m. 3; The parties shall meet for another Custody Conciliation on Friday, January 10, 2014, at 2:00 p.m. on the Fourth Floor of the Cumberland County Courthouse. 4. Mother shall make arrangements for the maternal grandparents to visit the mother's home so that they can see the home as to where it is and the condition. 5. Counsel for the maternal grandparents shall make arrangements for a risk assessment to be performed on the mother with the cost of that assessment to be paid for by the maternal grandparents. If possible, this risk assessment should be completed prior to the Conciliation Conference scheduled for January 10, and copies of any reports should be furnished in advanced of the Conference to legal counsel for all parties and the Custody Conciliator. The maternal grandparents' attorney shall insure that father gets a copy of all of the documents mentioned in this Order, EXHIBIT "a" r 6. Mother's counsel shall investigate opportunities for parenting classes to be initiated by mother, with the hope that such classes can be initiated prior to the January 10, Custody Conciliation Conference. T. The schedule set forth above can be modified by agreement of the parties. Absent an agreement for modification of the Order, the schedule set forth above shall control. 8, It is the hope and intent of this Order that mother's time will be expanded after the January 10 Conciliation Conference, assuming the visitations outlined above go well and there are no other issues that would justify delaying mother having the opportunity to take the children to her home unsupervised. 9. The agreement of the parties to this Order does not prejudice the parties from advancing a different position if the parties have to go a hearing on this case. No party shall be permitted to relocate the residence of the child where said relocation will significantly impair the ability to exercise custody unless every individual who has custodial rights to the child consents to the proposed relocation or the court approves the proposed relocation. Any party proposing to relocate MUST comply with 23 Pa. C.S. § 5337. cc: ,'i4 ;rgaret M. Simok, Esquire Joseph M Pinci s..Kristin R. Aldinger Thomas Placey, Judge JOSEPH M. PINCI, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : 2003-6265 CIVIL ACTION - LAW KRISTIN R. ALDINGER, Defendant WILLIAM ALDINGER AND MICHELLE : ALDINGER, Intervenors : IN CUSTODY PRIOR JUDGE: The Honorable Thomas A. Placey COURT ORDER AND NOW, thissVA day of January, 2014, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: c-> -1j= rriG, z-; -<_? <o D C) c �? s: w A hearing is scheduled in Court Room No. 6 of the Cumberland County Courthouse on the 7`h day of February, 2014 at 10:30 a.m. At this hearing, the mother shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a detailed memorandum setting forth the history of custody in this case, a list of witnesses each party would desire to testify at the hearing and a summary of the anticipated testimony of each witness. It is noted that this hearing is scheduled for the limited purpose and scope of determining whether mother's periods of partial physical custody need to be supervised or not. On that basis, the memorandum filed by counsel should specifically address that issue and specifically advise the Court what each party's position is on that issue and the rationale for that position. The Court notes that it has allotted only one and a half hours for the scheduled hearing in this matter and that the maternal grandparents desire to offer expert witness testimony. In lieu of any expert witness testimony at the hearing on February 7, 2014, counsel for the maternal grandparents is directed to attach to their pretrial memorandum copies of any expert reports for witnesses she would propose to testify in this matter. After hearing testimony from the parties on February 7, 2014, and after review of the expert witness reports, the Court will determine if another hearing needs to be scheduled for purposes of taking in person testimony from experts EXHIBIT „pu in, order for the Court to adequately address the limited issue of whether the mother's periods of partial custody should be supervised or not. 2. Pending further Order of this Court, this Court's prior Order of December 30, 2013, which incorporated the Order of December 11, 2013, shall remain in place. No party shall be permitted to relocate the residence of the child where said relocation will significantly impair the ability to exercise custody unless every individual who has custodial rights to the child consents to the proposed relocation or the court approves the proposed relocation. Any party proposing to relocate MUST comply with 23 Pa. C.S. § 5337. cc: t M. Simok Esquire Joseph M Pinci ret Shaffer, Esquire kac ram 'Lek. ThomasLacey, Judge Al �e. JOSEPH M. PINCI, Plaintiff v. KRISTIN MADISON, f/k/a KRISTIN R. ALDINGER, Defendant WILLIAM ALDINGER and MICHELLE ALDINGER, Intervenors IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA; rnw -n =mrn zao co r CIVIL ACTION — LAW -<n cn <Q -� IN CUSTODY ip C Z' ry No. 2003-6265 CIVIL TERM PRIOR JUDGE: HON. THOMAS A. PLACEY S'L"11PT1t1lLA>l'l<U i AI IJ AGRE T F THEPART S AND NOW Joseph M. Pinci, Kristin Madison f/k/a Kristin R. Aldinger and William and Michelle Aldinger do hereby stipulate and agree as follows: 1. This Stipulation and Agreement of the Parties ("Agreement") concerns the physical custody of Faith R. Pinci, born July 4, 2001; Madilyn N. Pinci, born. April 13, 2003; and Ava M. Pinci, born February 17, 2005 (collectively "children"). 2. Kristin Madison f/k/a Kristin R. Aldinger and Joseph M. Pinci are the biological parents of the children, while William and Michelle Aldinger are the maternal grandparents of the children. On or about. November 20, 2013, William and Michelle Aldinger did cause to be filed with the Court a Petition for Modification of Custody Order and a Petition for Special Relief. 4. The Court ordered the parties to appear at an initial conciliation conference, held on December 19, 2013, at which appeared all parties named in the case caption. 5. Thereafter, a follow-up conciliation was held on January 10, 2014, at which time William and Michelle Aldinger requested the matter be listed for a hearing on the EXHIBIT sole issue of whether Kristin Madison should be able to exercise periods of unsupervised physical custody of the children; Mr. Pinci did not attend the follow-up conciliation. 6. This Honorable Court set the matter for hearing on Febraury 7, 2014, at 10:30 a.m. 7. By entering this stipulation and agreement, William and Michelle Aldinger do hereby withdraw their previous request for a hearing and consent to that matter's removal from the Court's schedule. 8. The parties acknowledge and agree that William and Michelle Aldinger shall continue to exercise primary physical custody of the children. 9. The parties acknowledge and agree that Kristin Madison shall exercise the following periods of unsupervised physical custody with the understanding that Kristin Madison shall provide all necessary transportation: a. Tuesday from 6:00 P.M. until 8:30 P.M. that same evening; b. Saturday at 10:00 A.M. through 5:00 P.M. Sunday evening; c. such other time as the parties may agree. 10. The parties acknowledge and agree that Kristin Madison's periods of unsupervised physical custody may be modified upon reasonable notice and the consent of the affected parties. 11. The parties acknowledge and agree that this Agreement by no means precludes the parties from arranging additional periods of unsupervised or supervised physical custody. 12. Kristin Madison acknowledges and agrees that she will not attend N.A. (Narcotics Anonymous) meetings or the like with the children. 13. The parties shall be entitled to reasonable telephone contact with the children when not in their physical custody. 14. Execution of this agreement shall not be a bar to further custody proceedings by any party hereto. IN WITNESS WHEREOF, the parties hereto have signed their hands and seals as follows: i 4 h. IfrshJ( i Ji' es e21 (SEAL) Kristin Madison f/k/a Kristin R. Aldinger Bret P. Shaffer, Esquire Attorney for Kristin Madison Joseph M. nci illiam Aldinger (SEAL) &hIASEAL) Michelle Aldinger Margaret ` ' eg" Simok, Esquire Attorney or William and Michelle Aldinger • • F1LED-OFFICE CF THE PROTHONOTARY "20I1i FEB -7 AM iOt 23 CUMBERLAND COUNTY PENNSYLVANIA JOSEPH M. PINCI, :IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :NO. 2003-6265 KRISTIN R. ALDINGER, :CIVIL ACTION - LAW Defendant :IN CUSTODY v. WILLIAM ALDINGER and MICHELLE ALDINGER Intervenors ORDER AND NOW, this 'O day of ,, 2014 upon consideration of the attached, fully executed Stipulation and Agreement of the Parties, it is HEREBY ORDERED and decreed that the Stipulation and Agreement of the Parties is incorporated herein as an Order of Court. tion: garet.M. Simok, Esquire, Cognetti & Associates, 3304 Market Street, Camp Hill, PA 17011 ret Shaffer, Baric Scherer, 19 West South Street, Carlisle, PA 17013 cot',g,/Ya EXHIBIT U!Fn 3o .I @ 1 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Vs : No. 2c3- �o ‘S— CIVIL TERM �'lc,o� r`sri.1 CIVIL ACTION - LAW r IN CUSTODY xrn u)rG.: -.) 171 ; ' -< N CD . < ; 6,1 [. r; C C.),_, I, J 6S i Al -el , hereby swear or affirm, subjict o .--r. penalties of law inclu in 18 Pa.C.S. 4904 relatingto unsworn falsification to ...<- .7J g § k:(s f ..._ Defendant CRIMINAL RECORD / ABUSE HISTORY VERIFICATION authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act 42 Pa.C.S. § 6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check Crime Self Other Date of Sentence all that household conviction, apply member guilty plea, no contest plea or pending charges O 18 Pa.C.S. Ch. 25 0 ❑ (relating to criminal homicide) O 18 Pa.C.S. 42702 0 (relating to aggravated assault) O 18 Pa.C.S. §2706 0 (relating to terroristic threats) O 18 Pa.C.S. §2709.1 0 (relating to stalking) o 18 Pa.C.S. §2901 0 0 (relating to kidnapping) 18 Pa.C.S. §2902 0 0 (relating to unlawful restraint) 18 Pa.C.S. §2903 0 (relating to false imprisonment) 18 Pa.C.S. §291O 0 (relating to luring a child into a motor vehicle or structure) 0 0 18 Pa.C.S. §3121 0 0 (relating to rape) 18 Pa.C.S. §3122.1 0 (relating to statutory sexual assault) 18 Pa.C.S. §3123 0 (relating to involuntary deviate sexual intercourse) 18 Pa.C.S. §3124.1 (relating to sexual assault) 18 Pa.C.S. §3125 0 (relating to aggravated indecent assault) 18 Pa.C.S. §3126 0 (relating to indecent assault) 0 18 Pa.C.S. §3127 0 relating to indecent exposure) 18 Pa.C.S. §3129 0 (relating to sexual intercourse with animals) 0 18 Pa.C.S. §3130 (relating to conduct relating to sex offenders) 18 Pa.C.S. §3301 (relating to arson and related offenses) 0 18 Pa.C.S. §4302 0 (relating to incest) 18 Pa.C.S. §4303 (relating to concealing death of child) 18 Pa.C.S. §4305 0 0 (relating to dealing in infant children) 18 Pa.C.S. §5902(b) 0 0 (relating to prostitution and related offenses) O 18 Pa.C.S. §5903 (c) or (d) (relating obscene and other sexual materials and performances) O 18 Pa.C.S. §6301 ❑ (relating to corruptoion of minors) ❑ 18 Pa.C.S. §6312 ❑ (relating to sexual abuse of children) ❑ 18 Pa.C.S. §6318 ❑ (relating to unlawful contact with minorl ❑ 18 Pa.C.S. §6320 ❑ (relating to sexual exploitation of children) 23 Pa.C.S. §6114 (relating to contempt for violation of Protection order or agreement) Driving under the influence of drugs or alcohol 0 Manufacture, sale, delivery, holding, offering for sale or of an essio a77 ??`-f rolled substance or other drug or device 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct including the following: Check Self Other Date all that household apply member O A finding of abuse by a Children 0 0 & Youth Agency or similar agency in Pennsylvania or similar statute in another jurisdiction O Abusive conduct as defined under 0 0 the Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction ❑ Other: 0 0 3. Please list an evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child: 5. If you are aware that the other party or members of the party's household has or have a criminal / abuse history, please explain: I verify that the information above is true and correct to the best of my knowledge information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Signature Printed Name To cep h „tc IN THE COURT OF COMMON PLEAS II Plaintiff CUMBERLAND COUNTY, PA ( -) Vs X�; f f; n Tha d, son No. Q2c°3‘.2C5 CIVIL ACTION - LAW Defendant IN CUSTODY CRIMINAL RECORD / ABUSE HISTORY VERIFICATION A -4 I, I11��(VU4it hereby swear or affirm, subject cD to penalties of law including 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act 42 Pa.C.S. § 6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check Crime Self Other Date of Sentence all that household conviction. apply member guilty plea, no contest plea or pending charges O 18 Pa.C.S. Ch. 25 0 0 (relating to criminal homicide) O 18 Pa.C.S. $2702 0 0 (relating to aggravated assault) O 18 Pa.C.S. 42706 0 0 (relating to terroristic threats) O 18 Pa.C.S. 42709.1 0 0 (relating to stalking) O 18 Pa.C.S. 42901 0 0 (relating to kidnapping) O 18 Pa.C.S. §2902 0 0 (relating to unlawful restraint) O 18 Pa.C.S. §2903 0 0 (relating to false imprisonment) O 18 Pa.C.S. 42910 0 0 (relating to luring a child into a motor vehicle or structure) O 18 Pa.C.S. 43121 0 0 (relating to rapel O 18 Pa.C.S. 43122.1 0 0 (relating to statutory sexual assault) O 18 Pa.C.S. 43123 0 0 (relating to involuntary deviate sexual intercourse) O 18 Pa.C.S. 43124.1 0 0 (relating to sexual assault) 18 Pa.C.S. 43125 0 (relating to aggravated indecent assault) O 18 Pa.C.S. 43126 0 0 (relating to indecent assault) O 18 Pa.C.S. 43127 0 0 (relating to indecent exposure) O 18 Pa.C.S. 43129 0 0 (relating to sexual intercourse with animals) O 18 Pa.C.S. 43130 0 0 (relating to conduct relating to sex offenders) O 18 Pa.C.S. 43301 0 0 (relating to arson and related offenses) O 18 Pa.C.S. 44302 0 0 (relating to incest) O 18 Pa.C.S. 44303 0 0 (relating to concealing death of child) O 18 Pa.C.S. §4305 0 0 (relating to dealing in infant children) O 18 Pa.C.S. 45902(b) 0 0 (relating to prostitution and related offenses) 18 Pa.C.S. §5903 (c) or (d) (relating obscene and other sexual materials and performances) 0 18 Pa.C.S. §6301 (relating to corruptoion of minors) 0 18 Pa.C.S. §6312 0 (relating to sexual abuse of children) 18 Pa.C.S. §6318 (relating to unlawful contact with minor) 0 18 Pa.C.S. §6320 (relating to sexual exploitation of children) 23 Pa.C.S. §6114 0 (relating to contempt for violation of Protection order or agreement) 0 Driving under the 0 0 influence of drugs or alcohol O Manufacture, sale, 0 0 delivery, holding, offering, for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct including the following: Check Self Other Date all that household apply member ❑ A finding of abuse by a Children 0 0 & Youth Agency or similar agency in Pennsylvania or similar statute in another jurisdiction O Abusive conduct as defined under 0 ❑ the Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction ❑ Other: 0 0 3. Please list an evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child: 5. If you are aware that the other party or members of the party's household has or have a criminal / abuse history, please explain: I verify that the information above is true and correct to the best of my knowledge information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Signature I 11 Printed Name 1� J OSe Qk cmc t Plaintiff Vs iSk rr\ Y AP-1scnn Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. 2003-42 (PS CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CRIMINAL RECORD / ABUSE 1, ,, i Colt l att M penalties of law including 18 Pa.C.S. § 4904 authorities that: -" r c.r) HISTORY VERIFICATION r >C) , hereby swear or affirm, subjea relating to unsworn falsification to> G) ry ry G) 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act 42 Pa.C.S. § 6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check Crime Self Other Date of Sentence all that household conviction, apply member guilty plea, no contest plea or pending charges ❑ 18 Pa.C.S. Ch. 25 0 0 (relating to criminal homicide) O 18 Pa.C.S. §2702 0 0 (relating to aggravated assault) O 18 Pa.C.S. §2706 0 0 (relating to terroristic threats) ❑ 18 Pa.C.S. 42709.1 ❑ ❑ (relating to stalking) ❑ 18 Pa.C.S. 42901 ❑ ❑ (relating to kidnapping) ❑ 18 Pa.C.S. 42902 ❑ ❑ (relating to unlawful restraint) ❑ 18 Pa.C.S. 42903 ❑ ❑ (relating to false imprisonment) ❑ 18 Pa.C.S. 42910 ❑ ❑ (relating to luring a child into a motor vehicle or structure) ❑ 18 Pa.C.S. 43121 ❑ ❑ (relating to rape) ❑ 18 Pa.C.S. 43122.1 ❑ ❑ (relating to statutory sexual assault) ❑ 18 Pa.C.S. 43123 ❑ ❑ (relating to involuntary deviate sexual intercourse) ❑ 18 Pa.C.S. 43124.1 ❑ ❑ (relating to sexual assault) ❑ 18 Pa.C.S. 43125 ❑ ❑ (relating to aggravated indecent assault) ❑ 18 Pa.C.S. §3126 ❑ ❑ (relating to indecent assault) ❑ 18 Pa.C.S. §3127 ❑ ❑ (relating to indecent exposure) ❑ 18 Pa.C.S. $3129 ❑ ❑ (relating to sexual intercourse with animals) ❑ 18 Pa.C.S. §3130 ❑ ❑ (relating to conduct relating to sex offenders) ❑ 18 Pa.C.S. §3301 ❑ ❑ (relating to arson and related offenses) ❑ 18 Pa.C.S. §4302 ❑ ❑ (relating to incest) ❑ 18 Pa.C.S. §4303 ❑ ❑ (relating to concealing death of child) ❑ 18 Pa.C.S. §4305 ❑ ❑ (relating to dealing in infant children) ❑ 18 Pa.C.S. §5902(b) ❑ ❑ (relating to prostitution and related offenses) ❑ 18 Pa.C.S. §5903 ❑ ❑ (c) or (d) (relating obscene and other sexual materials and performances) ❑ 18 Pa.C.S. §6301 ❑ ❑ (relating to corruptoion of minors) ❑ 18 Pa.C.S. §6312 ❑ ❑ (relating to sexual abuse of children) 18 Pa.C.S. §6318 (relating to unlawful contact with minor) ❑ ❑ ❑ 18 Pa.C.S. §6320 ❑ ❑ (relating to sexual exploitation of children) ❑ 23 Pa.C.S. §6114 ❑ ❑ (relating to contempt for violation of Protection order or agreement) Driving under the influence of drugs or alcohol Manufacture, sale, delivery, holding, offering, for sale or possession of any controlled substance or other drug or device ❑ nil 1s 19ig ),3 mah4s 3rnbritiM 2. Unless indicated by my checking the box next to an item below, neither nor any other member of my household have a history of violent or abusive conduct including the following: Check Self Other Date all that household apply member O A finding of abuse by a Children 0 ❑ & Youth Agency or similar agency in Pennsylvania or similar statute in another jurisdiction O Abusive conduct as defined under 0 0 the Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction ❑ Other: 0 ❑ 3. Please list an evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child: 5. If you are aware that the other party or members of the party's household has or have a criminal / abuse history, please explain: I verify that the information above is true and correct to the best of my knowledge information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Signature (C 0 it 1144eli` m Printed Name I Plaintiff vs , «3�« / Iael r SOr Defendant : IN CUSTODY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. 26°3--Ca‘'S-- CIVIL `S - CIVIL ACTION - LAW CIVIL TERM CRIMINAL RECORD / ABUSE HISTORY VERIFICATION I, r k ,c.,\,\ tg- 1' /i\. a t. n hKeby swear or affirm, subject to penalties of law inc uding 18 Pa.C.S. § 4904€Iating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act 42 Pa.C.S. § 6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check Crime Self Other Date of Sentence all that household conviction, apply member guilty plea, no contest plea or pending charges 0 18 Pa.C.S. Ch. 25 0 ❑ (relating to criminal homicide) ❑ 18 Pa.C.S. §2702 0 0 C-3 (relating to aggravated assault) `r,' ___ n (f)r- ' ❑ 18 Pa.C.S. §2706 0 0 _<r_. —a c4),1 (relating to <�' 17.. C7 --=- terroristic threats) c = CD r' p . 70 rn . o 18 Pa.C.S. §2709.1 0 (relating to stalking) O 18 Pa.C.S. §2901 0 0 (relating to kidnapping) o 18 Pa.C.S. §2902 0 (relating to unlawful restraint) 18 Pa.C.S. §2903 0 0 (relating to false imprisonment) 18 Pa.C.S. §291O 0 (relating to luring a child into a motor vehicle or structure) 18 Pa.C.S. §3121 0 0 (relating to rape) 18 Pa.C.S. §3122.1 0 (relating to statutory sexual assault) 0 18 Pa.C.S. §3123 0 (relating to involuntary deviate sexual intercourse) 18 Pa.C.S. §3124.1 0 (relating to sexual assault) 18 Pa.C.S. §3125 0 (relating to aggravated indecent assault) ❑ 18 Pa.C.S. §3126 ❑ (relating to indecent assault) ❑ 18 Pa.C.S. §3127 ❑ ❑ (relating to indecent exposure) ❑ 18 Pa.C.S. §3129 ❑ ❑ (relating to sexual intercourse with animals) ❑ 18 Pa.C.S. §3130 ❑ ❑ (relating to conduct relating to sex offenders ❑ 18 Pa.C.S. §3301 ❑ ❑ (relating to arson and related offenses) ❑ 18 Pa.C.S. §4302 ❑ (relating to incest) ❑ 18 Pa.C.S. §4303 ❑ ❑ (relating to concealing death of child) ❑ 18 Pa.C.S. §4305 ❑ ❑ (relating to dealing in infant children) ❑ 18 Pa.C.S. §5902(b) ❑ ❑ (relating to prostitution and related offenses) 18 Pa.C.S. 45903 (c) or (d) (relating obscene and other sexual materials and Performances) 18 Pa.C.S. 46301 0 (relating to corruptoion of minors) O 18 Pa.C.S. 46312 (relating to sexual abuse of children) O 18 Pa.C.S. 46318 (relating to unlawful contact with minor) O 18 Pa.C.S. 46320 0 (relating to sexual exploitation of children) O 23 Pa.C.S. 46114 0 (relating to contempt for violation of Protection order or agreement) O Driving under the 0 0 influence of drugs or alcohol O Manufacture, sale~ 0 0 delivery, holding, offering, for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct including the following: Check Self Other Date all that household apply member O A finding of abuse by a Children 0 0 & Youth Agency or similar agency in Pennsylvania or similar statute in another jurisdiction O Abusive conduct as defined under 0 0 the Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction Other: ❑ 0 3. Please list an evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child: 5. If you are aware that the other party or members of the party's household has or have a criminal / abuse history, please explain: I verify that the information above is true and correct to the best of my knowledge information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. vt2i7L.,A, Signature Printed Name I5ep Plaintiff Vs c y Ff It ("1/101) f J0" Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No.�0ti3- CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CRIMINAL RECORD / ABUSE HISTORY VERIFICATION c-, I, 'k `\ Vt.‘-+'/\ f to) (Act 4',Ot'ereby swear or affirm, subject penalties of law including 18 Pa.C.S. § 4904 Felating to unsworn falsification to authorities that: D 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act 42 Pa.C.S. § 6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check Crime Self Other Date of Sentence all that household conviction, apply member guilty plea, no contest plea or pending charges 0 18 Pa.C.S. Ch. 25 ❑ 0 (relating to criminal homicide) 0 18 Pa.C.S. §2702 0 0 (relating to aggravated assault) 18 Pa.C.S. §2706 0 (relating to terroristic threats) 0 o 18 Pa.C.S. §2709.1 0 (relating to stalking) O 18 Pa.C.S. §2901 (relating to kidnapping) O 18 Pa.C.S. §2902 0 (relating to unlawful restraint) O 18 Pa.C.S. §2903 0 0 (relating to false imprisonment) 18 Pa.C.S. §2910 0 (relating to luring a child into a motor vehicle or structure) O 18 Pa.C.S. §3121 0 0 (relating to rape) O 18 Pa.C.S. §3122.1 0 0 (relating to statutory sexual assault) O 18 Pa.C.S. §3123 0 (relating to involuntary deviate sexual intercourse) 18 Pa.C.S. §3124.1 0 (relating to sexual assault) 18 Pa.C.S. §3125 0 (relating to aggravated indecent assault) O 18 Pa.C.S. 43126 0 (relating to indecent assault) O 18 Pa.C.S. 43127 0 (relating to indecent exposure) LJ 18 Pa.C.S. 43129 0 (relating to sexual intercourse with animals) .0 18 Pa.C.S. 43130 0 (relating to conduct relating to sex offenders) 18 Pa.C.S. 43301 0 (relating to arson and related offenses) 0 18 Pa.C.S. 44302 0 (relating to incest) 18 Pa.C.S. 44303 (relating to concealing death of child) 0 18 Pa.C.S. 44305 0 0 (relating to dealing in infant children) 18 Pa.C.S. 45902(b) 0 (relating to prostitution and related offenses) 0 18 Pa.C.S. 45903 (c) or (d) (relating obscene and other sexual materials and performances) 18 Pa.C.S. §6301 0 (relating to corruptoion of minors) 0 18 Pa.C.S. §6312 0 0 (relating to sexual abuse of children) 0 18 Pa.C.S. 46318 0 (relating to unlawful contact with minor) 18 Pa.C.S. §6320 0 (relating to sexual exploitation of children) 23 Pa.C.S. 46114 0 (relating to contempt for violation of Protection order or agreement) 0 Driving under the 0 0 influence of drugs or alcohol Manufacture, sale, 0 delivery, holding, offering, for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct including the following: Check Self Other Date all that household apply member O A finding of abuse by a Children 0 0 & Youth Agency or similar agency in Pennsylvania or similar statute in another jurisdiction O Abusive conduct as defined under 0 0 the Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction O Other: 0 3. Please list an evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child: 5. If you are aware that the other party or members of the party's household has or have a criminal / abuse history, please explain: I verify that the information above is true and correct to the best of my knowledge information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. rinted Name JOSEPH M. PINCI, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No. 2003-6265 CIVIL TERM KRISTIN MADISON, CIVIL ACTION — LAW -0 a s- r -n cc f/k/a KRISTIN R. ALDINGER, = rnF li Defendant IN CUSTODY C.f) I- N c rr-z bac. 21. MCD A_c� ,. q -<: Cr) WILLIAM ALDINGER and MICHELLE ALDINGER, Intervenors ORDER OF COURT AND NOW, this n day of August, 2014, upon consideration of the attached, fully v executed Stipulation and Agreement of the Parties, it is HEREBY ORDERED and decreed that the Stipulation and Agreement of the Parties is incorporated herein as an Order of Court. BY THE COURT: T o as A. Placey Common Pleas Judge Di ribution: aret M. Simok, Esquire, Cognetti & Associates, 3304 Market Street, Camp Hill, PA 17011 ✓Bret P. Shaffer, Esquire, Baric Scherer LLC, 19 West South Street, Carlisle PA 17013 ierz, Bp7py