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HomeMy WebLinkAbout08-0231 HAROLD S. IRWIN,111, ESQUIRE ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 243.6050 ATTORNEY FOR PLAINTIFF GREG A. MINNIER, : IN THE COURT OF COMMON PLEAS OF PlalntHf : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 2008 - 9k-3 1 CIVIL TERM SANDRA L. MINNIER, Defendant : IN DIVORCE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 . GREG A. MINNIER, v. IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA SANDRA L. MINNIERy Dshndant : CIVIL ACTION - LAW : NO. 2008 - (9- 3 CIVIL TERM . IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 330" OF THE CODE NOW, comes the plaintiff, by his attorney, Harold S. Irwin, III, Esquire, and files this complaint in divorce against the defendant, representing as follows: 1. The plaintiff is GREG A. MINNIER, an adult individual residing at 26 Lime Kiln Road, Carlisle, Cumberland County, Pennsylvania 17015. 2. The defendant is SANDRA L. MINNIER, an adult individual residing at 316 West Snyder Street, Selinsgrove, Snyder County, Pennsylvania 17870. 3. The parties have been residents of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The parties were married on September 25, 1999, in Sunbury, Pennsylvania. 5. Pursuant to the Divorce Code, Section 3301(c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 6. The plaintiff avers that she has been advised of the availability of counseling and that she has the right to request that the court require the parties to participate in counseling. WHEREFORE, the plaintiff demands judgment dissolving the marriage between the parties. I verify that the facts contained herein are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. January If , 2008 GREGA. NIER, Plaintiff HAROLD S. IRWIN, li Attorney for Plaintiff 64 South Pitt Street Carlisle, Pennsylvania 17013 (717) 243-6090 Supreme Court ID No. 29920 GREG A. MINNIER, V. IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA SANDRA L. MINNIEk Defendant CIVIL ACTION - LAW NO. 2008 - CIVIL TERM 2 IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. 1 understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. d January 2008 GREG A NNIER, Plaintiff ? rU J V GREG A. MINNIER, v. IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA SANDRA L. MINNIER, Defendant : CIVIL ACTION - LAW : NO. 2008 - :13 ( CIVIL TERM : IN CUSTODY COMPLAINT FOR CUSTODY NOW comes the plaintiff, GREG A. MINNIER, by his attorney, Harold S. Irwin, III, Esquire, and presents the following complaint for custody, representing as follows: The plaintiff is GREG A. MINNIER, an adult individual residing at 26 Lime Kiln Road, Carlisle, Cumberland County, Pennsylvania 17015. 2. The defendant is SANDRA L. MINNIER, an adult individual residing at 316 West Snyder Street, Selinsgrove, Snyder County, Pennsylvania 17870. 3. The parties are the natural parents of three minor children, namely, LAWRENCE T. MINNIER, (born February 11, 1990), LEE W. MINNIER (born February 2, 1992) and WYATT G. MINNIER (born April 30, 2002). 4. The children resided with both parties until the parties' separation on August 25, 2007. Since then they have primarily resided with the defendant through the week and with the plaintiff on weekends. 5. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 6. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. 7. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 8. The best interests and permanent welfare of the children require that the parties have joint legal custody of the children, but that plaintiff have primary physical custody and that defendant have partial physical custody of the children on a schedule as can be determined at a conciliation conference. WHEREFORE, the plaintiffs request that the court enter an order providing for the legal and physical custody of the children as aforesaid. January It , 2008 HAROLD S. IRWIN, III Attorney for Plaintiff 64 South Pitt Street Carlisle, Pennsylvania 17013-3220 (717) 243-6090 Supreme Court I.D. No. 29920 VERIFICATION I do hereby verify that the facts set forth in this petition are true and correct. 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. January l l , 2008 vd - ` GREG VIIINNIER o ? ? W d f -r-t CP GREG A. MINNIER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-231 CIVIL ACTION LAW SANDRA L. MINNIER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, January 15, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, February 14, 2008 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ac ueline M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 I I -,C, ';t., 9 11 N!"Ir 93,11 A. MINNIER, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW DRA L. MINNIER, NO. 2008-231 CIVIL TERM Defendant/Petitioner IN CUSTODY PETITION FOR EMERGENCY RELIEF PURSUANT TO PA R.C.P. 1015.4 (e) AND NOW, comes Sandra L. Minnier, by and through her counsel of record, larylou Matas, Esquire, and files this Petition for Emergency Relief, and in support iereof avers as follows: 5. Petitioner is Sandra L. Minnier, Defendant in the custody matter, and hereinafter referred to as "Mother." 6. Respondent is Gregory A. Minnier, Plaintiff in the custody matter, and hereinafter referred to as "Father." 7. The parties are the parents of three children, namely Lawrence T. Minnier, born February 11, 1990; Lee W. Minnier, born February 2, 1992; and Wyatt G. Minnier, born April 30, 2002. 8. The parties were married on September 25, 1999 and separated on August 25, 2007. 9. During the parties' marriage, the family resided in Carlisle, but prior thereto they resided in Sunbury, Pennsylvania, from their births through SAMIS, FLOWER & LINDSAY i .uW 26 West High Street Carlisle, PA 1999. 10. At the time of separation, Mother and the children moved to Selinsgrove, Snyder County, Pennsylvania, approximately 15 minutes away from Sunbury. 11. Father assisted with and agreed with Mother's move, helping to move her and children into their new home in Selinsgrove. 12. The children have attended school in Selinsgrove since the beginning of the 2007-2008 school-year. 13. At the time of separation, Mother and Father agreed to a custody arrangement whereby Mother exercised custody of the children from Sunday evening at approximately 7:00pm through Friday after school, and Father exercised custody of the children during weekends from Friday after school through Sunday evening at approximately 7:00pm., with Father providing transportation. 14. The parties have abided by this arrangement since separation, except that the oldest child did not participate in every weekend visit with his Father due to his work commitments in Selinsgrove during the weekends. 15. Mother has encouraged and facilitated a relationship between the children and their father since separation, allowing frequent contact and visits without a court Order, inviting Father to her home for the Thanksgiving holiday, allowing Father access to her home to pick up the children as necessary if she was working and allowing him access to records and information. 16. On January 11, 2008, without Mother's knowledge, consent or permission, Father went to the children's schools and signed them out of their respective High School and Elementary School for the remaining SAIDIS, FLOWER & LINDSAY AUU ' 26 West High Street Carlisle, PA part of the school year. 17. Father then traveled to Mother's home and removed all of the children's belongings from her home without her knowledge or consent. 18. When Mother returned home from work that evening, she discovered that the children's rooms were completely empty, instead of finding that they may have gone to visit only for the weekend with their Father. 19. Mother attempted to contact the children through the weekend of January 11, 2008 but was not able to speak with the children about their circumstances until January 15, 2008. 20. Father has enrolled the children in the Carlisle Area School District, to begin on January 16, 2008. 21. Father filed a Complaint for Custody on January 11, 2008, requesting primary physical custody of the children. 22. Father alleged in his Complaint that his address is 26 Lime Kiln Road, Carlisle, the former marital residence. 23. On December 20, 2007, Mother was served with a Complaint in Foreclosure for the former marital residence, that complaint having been filed to Docket No. 2007-6122, in the Court of Common Pleas of Cumberland County. 24. Mother has reason to believe that Father and the children do not reside at the former marital residence, because during her conversation with the children they indicated that they are not at that home any longer. SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA 25. Mother can not verify the children's current location. 26. Father has told Mother that he will not allow her to visit with the children pending any hearing because he fears she will not return them to him. 27. When the parties resided together at the former marital residence, the children attended school in the Big Spring school district, not the Carlisle School District where Father has them enrolled in now. 28. The children's school records were properly transferred to the Selinsgrove School District at the time of their move in August 2007. 29. The children's medical records were properly transferred to a family doctor in the Selinsgrove area who has treated the children already since the time of their move in August 2007. . 30. Since Mother has had primary physical custody of the children, she has been seeking orthodontia treatment for the parties' son, Lee, on a regular and consistent basis. 31. Since Mother has had primary physical custody of the children, she has engaged the services of a child care facility for her youngest son at her place of employment, and now continues to have that spot held open to him, at a cost to her. 32. Since Mother has had primary physical custody of the children, the parties' oldest son, Lawrence, obtained employment at a local Wendy's restaurant in Selinsgrove, but was forced to quit that job due to Father's actions in removing the child from the area. 33. By snatching the children from Mother's primary physical custody, Father is interrupting the children's stable and consistent education, medical treatment, work opportunities and child care. SAIDIS, FLOWER & LENDS" 26 West High Street Carlisle, PA 34. Mother requests that this Court enter an Order for Emergency relief, prior to any scheduled conciliation conference in this matter, pursuant to Pa. R.C.P. 1915.4(e). 35. Mother requests that the status quo be restored pending further Order of Court, so that the children can be returned to their proper educational status and other activities without further interruption. 36. This matter has not yet been assigned to any Judge. 37. A copy of this Petition has been forwarded to Father's attorney of record, Harold S. Irwin, III, Esquire, by facsimile and regular mail. WHEREFORE, Mother requests an Order as follows: 1. The parties shall have shared legal custody pending further Order of Court; 2. Primary physical custody of the children shall be returned to Mother immediately upon entry of the Order; 3. Mother shall exercise primary physical custody on a regular basis from Sundays at 7:00 p.m. through Fridays after school; 4. Father shall exercise partial physical custody of the children from Fridays after school through Sundays at 7:00 pm; 5. Father shall be responsible for transportation. Respectfully submitted, SAIDIS, FLOWER & LINDSAY, Marylou, atas, Esqutr6 Attorne or Petitioner 26 West High Street Carlisle, PA 17013 (717) 243-6222 SrAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and A on behalf of Sandra L. Minnier who is outside the jurisdiction of this court and information provided to me by him. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to orities. b 'A t b atas, Es 1? SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA REG A. MINNIER, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW ANDRA L. MINNIER, NO. 2008-231 CIVIL TERM Defendant/Petitioner IN CUSTODY CERTIFICATE OF SERVICE This is to certify that in this case, complete copies of all papers contained in the ttached document have been served upon the following persons by the following leans and on the dates stated: ame & Address Means of Service Date of Service arold S. Irwin, III, Esquire Facsimile and US mail 1/18/08 4 S. Pitt Street :arlisle, PA 17013 G )ate: Ma as, Esquir Attorney f r etitioner 26 West High Street Carlisle, PA 17013 (717) 243-6222 SAIDIS, FLOWER & LINDSAY vuw ATKNUe'r 26 West High Street Carlisle, PA C s a c? Q r HAROLD S. IRININ,111, ESQUIRE ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 54346050 ATTORNEY FOR PLAINTIFF GREG A. MINNIER, : IN THE COURT OF COMMON PLEAS OF Plaintiff no CUMBERLAND COUNTYO PENNSYLVANIA v. CIVIL ACTION - LAW NO. 2008 - 0231 CIVIL TERM SANDRA L. MINNIER, Defendant : IN DIVORCE AFFIDAVIT OF SERVICE! OF COMPLAINT PURSUANT TO PA. R.C.P. RUDE NO. 1920A (a)(1)(1) NOW, Harold S. Irwin, III, Esquire, being duly sworn according to law, does depose and state: That he is a competent adult and attorney for the plaintiff in the above captioned action in divorce. 2. That a certified copy of the complaint in divorce was served upon the defendant on January 15, 2008, addressed to the defendant at 316 West Snyder Street, Selinsgrove, PA 17870, Certified Mail No. 7007 0710 0003 2208 3950. 3. A copy of the sender's and signed receipt are attached hereto. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. January 17, 2008 Ux ? vvv L Harold S. Irwin, Attorney, for plai 64 South Pitt Street Carlisle, PA 17013 717-243-6090 Supreme Court ID No. 29920 7 C3 (Domestic No Insurance Coverage Provided) L. n IT- ' For delivery informa tion visit our website at wwwuspsxom,? M s i , R .0 R rU Postage $ III D ??((' Oaltlfied Fee 1 M Postmark O r3 Return Receipt Fee (Endorsement Required) ` Here O Restricted Delivery Fee O (Endorsement Required) , r:l r%- Total Postage & Fees $ O ent to r?V------ ------ -- PO Box N ------ ------ - -- - City, State, ZIP+4 City, - -- -- - C _ A n _ 1, . - 1/L l rn.,,I, h ¦ tomplete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on-the front if space permits. 1. Artrordll dresadd to: SAN L MINNIER 316- NYD ER ST SELL GROVE PA 17870 P. pAgnau" X ? Agent 13 Addresses, B. ReceWed by ( Pi tted e) C. Date of Delivery D. Is dMeterrt ? Yes H YES delivery address below9 ? No 4 OD ,o 3. W0 E>?rpgss,fl Return Pt for Merchandise ? Inured Mall WW, 2. Article Number 7007 0710 0003 2208 3950 (rhiInshar ftorn serwice bw PS Form 3811, Febnwy 2004 DomeeYe Rdum Receipt 702595-02-M-1540 1- EXHIBIT "A" MM n f_I i z k J -7i GREG A. MINNIER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. SANDRA L. MINNIER, NO. 2008-0231 CIVIL DEFENDANT IN CUSTODY IN RE: PETITION FOR EMERGENCY RELIEF ORDER OF COURT AND NOW, this 18th day of January, 2008, upon consideration of the Petition for Emergency Relief filed by the Defendant, IT IS HEREBY ORDERED AND DIRECTED that a status conference with counsel will be held on Tuesday, January 22, 2008, at 8:00 a.m. in the chambers of Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, 1?k-? Harold S. Irwin, III, Esquire Attorney for Plaintiff Marylou Matas, Esquire Attorney for Defendant bas M. L. Ebert, Jr., CC? ks ryQ (Lc?' J. 0 : 114x, 1 f%! f O 3z ?t ?....l.I..i ...f to ..i?v) _ ". GREG A. MINNIER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. SANDRA L. MINNIER, NO. 2008-0231 CIVIL DEFENDANT IN CUSTODY IN RE: PETITION FOR EMERGENCY RELIEF ORDER OF COURT AND NOW, this 22nd day of January, 2008, upon consideration of the Petition for Emergency Relief filed by the Mother and after conference with Counsel, and the Court noting that a conciliation hearing in this case has been scheduled for 8:30 a.m., on February 14, 2008, before Conciliator Jackie Verney, Esquire; IT IS HEREBY ORDERED AND DIRECTED that primary custody of the three children pending the conciliation hearing shall remain with the Father, Greg A. Minnier. Mother shall have visitation with the two younger children from 9:00 a.m. Saturday Morning until 7:00 p.m. Sunday evening during the weekends of January 26-27, February 2-3 and February 9-10. Counsel having related that the oldest child will turn 18 on February 11, 2008, and now has a job in Carlisle, this child will be allowed to determine his own visitation schedule with Mother pending the conciliation hearing. Nothing in this order shall be construed in any way to infer that this Court has a preference toward either parent with regard to the primary custody. IT IS FURTHER ORDERED AND DIRECTED that Attorney Cindy Hribal, Esquire, is hereby appointed to represent Lawrence T. Minnier, born February 11, 1990, ... ', 4 ? . . _ ; _? t ''?:? '-? ?.?,..r GAG ? ?E ?;.??? . -?i 4. and Lee W. Minnier, born February 2, 1992. Attorney Hribal shall meet with each child individually and apart from any parent prior to the conciliation hearing to determine their preference with regard to custody and where they wish to attend school. By the Court, -?NA _?-j M. L. Ebert, Jr., J Harold S. Irwin, III, Esquire Attorney for Plaintiff Marylou Matas, Esquire Attorney for Defendant Jacqueline Verney, Esquire Custody Conciliator ` Cindy Hribal, Esquire Attorney for Children bas HAROLD S. IMN. 111. ESQ. ATTORNEY RD NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17013 (717) ?.43-6060 ATTORNEY FOR PLAINTIFF GREG A. MINNIEk : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW NO. 2006 - 0231 CIVIL TERM SANDRA L. MINNIEk Defendant : IN CUSTODY PLAINTIFF'S ANSWER TO DEFENDANT'S PETITION FOR EMERGENCY RELIEF NOW comes the plaintiff, GREG A. MINNIER, by his attorney, Harold S. Irwin, III, Esquire, and files this response to the defendant's petition for emergency relief, representing as follows: 5. The averments of this paragraph of defendant's petition are admitted. 6. The averments of this paragraph of defendant's petition are admitted. 7. The averments of this paragraph of defendant's petition are admitted. 8. The averments of this paragraph of defendant's petition are admitted. 9. The averments of this paragraph of defendant's petition are admitted. 10. The averments of this paragraph of defendant's petition are admitted. 11. The averments of this paragraph of defendant's petition are admitted. By way of further response, defendant had been threatening to move to Selinsgrove to move in with her boyfriend since April, 2007. Things got progressively worse at the marital home until Father finally agreed to assist with the move to keep peace in the home. 12. The averments of this paragraph of defendant's petition are admitted in part and denied in part. Prior to moving the children back to the Carlisle Area, plaintiff properly enrolled the children in the Carlisle Area School District, where they began classes on January 14, 2008. 13. The averments of this paragraph of defendant's petition are admitted in part and denied in part. Defendant had the children one weekend per month, as well as every weekday. 14. The averments of this paragraph of defendant's petition are admitted in part and denied in part. The parties' oldest child, Lawrence only spent one weekend with the plaintiff since defendant insisted that the child work on the weekends and then, according to the child, took approximately three-fourths of his income from such employment. 15. The averments of this paragraph of defendant's petition are admitted in part and denied in part. Plaintiff has not had access to school and medical records since the defendant's move to Selinsgrove. 16. The averments of this paragraph of defendant's petition are admitted. 17. The averments of this paragraph of defendant's petition are admitted in part and denied in part. By way of further response, when the plaintiff arrived at defendant's residence, the children were waiting for him on the porch of the house, with all of their bags packed. Father did not go inside of the house and he and the children took nothing other than the children's clothing, some toys and school material. 18. The averments of this paragraph of defendant's petition are admitted in part and denied in part. By way of further response, when the plaintiff arrived at defendant's residence, the children were waiting for him on the porch of the house, with all of their bags packed. Father did not go inside of the house and he and the children took nothing other than the children's clothing, some toys and school material. 19. The averments of this paragraph of defendant's petition are admitted in part and denied in part. Defendant may not have been able to reach the children that weekend, but the oldest child, Lawrence does have a cell phone on which she could have reached him at any time. 20. The averments of this paragraph of defendant's petition are admitted in part and denied in part. The children began school on January 14, 2008. 21. The averments of this paragraph of defendant's petition are admitted. 22. The averments of this paragraph of defendant's petition are admitted. By way of further response, plaintiff moved to 123 Elm Street, Carlisle, Pennsylvania on January 18, 2008. 23. The averments of this paragraph of defendant's petition are denied by reason that after reasonable investigation, plaintiff is without knowledge sufficient to prove the truth of these averments and proof thereof at trial is demanded, if relevant. By way of further response, it is plaintiff's intention to sell the former marital home. 24. The averments of this paragraph of defendant's petition are admitted. By way of further response, plaintiff moved to 123 Elm Street, Carlisle, Pennsylvania on January 18, 2008. 25. The averments of this paragraph of defendant's petition are denied. Defendant has admitted to plaintiff that she is aware of the fact that the plaintiff moved with the children to 123 Elm Street, Carlisle, Pennsylvania. 26. The averments of this paragraph of defendant's petition are admitted. By way of further response, however, plaintiff permitted defendant to have the children over this past weekend. 27. The averments of this paragraph of defendant's petition are admitted. 28. The averments of this paragraph of defendant's petition are admitted. By way of further response, the children's school records were also properly transferred to the Carlisle Area School District prior to their enrollment on January 14, 2008. 29. The averments of this paragraph of defendant's petition are denied by reason that after reasonable investigation, plaintiff is without knowledge sufficient to prove the truth of these averments and proof thereof at trial is demanded, if relevant. 30. The averments of this paragraph of defendant's petition are admitted, however, she is four months behind in her payments for such care. 31. The averments of this paragraph of defendant's petition are admitted in part and denied in part. It is admitted that the child was in daycare prior to his move back to the Carlisle area. In fact, the child entered daycare at the end of his school day and was not picked up there by the defendant until about 11:00 p.m. every weekday. 32. The averments of this paragraph of defendant's petition are denied. On the contrary, the child, Lawrence, who will turn 18 on February 11, 2008, quit the job and moved with the plaintiff to Carlisle of his own choice. Furthermore, he has obtained employment at the Carlisle Wendy's. 33. The averments of this paragraph of defendant's petition are denied. On the contrary, plaintiff has established a much more stable environment for the children back in Carlisle. Prior to the move, because of defendant's work schedule, the 5 year old was in daycare until 11:00 p.m. at night and the two older children were at home alone every weeknight. Furthermore, the children have been begging the plaintiff to bring them back to Carlisle since the defendant took them to Selinsgrove. 34. The averments of this paragraph of defendant's petition are admitted in part and denied in part. It is admitted that she is requesting such relief; it is denied that she is entitled to such relief. On the contrary, there is nothing about this situation that represents an emergency that would justify this petition or the relief requested. 35. The averments of this paragraph of defendant's petition are admitted in part and denied in part. It is admitted that she is requesting such relief; it is denied that she is entitled to such relief. On the contrary, there is nothing about this situation that represents an emergency that would justify this petition or the relief requested. 36. The averments of this paragraph of defendant's petition are denied. On the contrary, Judge Ebert has been assigned this case. 37. The averments of this paragraph of defendant's petition are admitted. WHEREFORE, the plaintiff requests that the Court deny defendant's petition for emergency relief and allow this case to move forward to a regular conciliation as has been scheduled fro February 14, 2008. January 22, 2008 HAROLD S. IRWIN, R Attorney for Plaintiff 64 South Pitt Street Carlisle, Pennsylvania 17013-3220 (717) 243-6090 Supreme Court I.D. No. 29920 VERIFICATION I do hereby verify that the facts set forth in this petition are true and correct. 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. January 22, 2008 ?) r`.? ? n ?... i _t _ _.) ? ? -' `! ? . ..., r ? •? " ?+? •4..' ?--... -. _ "_ •--J . , C o ""t ?t.j -.;` GREG A. MINNIER, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. NO. 2008-231 CIVIL TERM : IN CUSTODY SANDRA L. MINNIER, Defend ant/Petitioner THE HONORABLE M. L. EBERT, JR. PETITION FOR CONTEMPT AND NOW, comes the Petitioner, Sandra L. Minnier, by and through her counsel of record, Marylou Matas, Esquire, and petitions the Court as follows: 1. Petitioner is the above named Defendant, Sandra L. Minnier, an adult individual currently residing at 316 West Snyder Street, Selinsgrove, Snyder County, Pennsylvania. 2. Respondent is the above named Plaintiff, Greg Minnier, an adult individual currently residing at 123 Elm Street, Carlisle, Cumberland County, Pennsylvania. 3. The parties are the natural parents of three (3) children, namely Lawrence T. Minnier, born February 11, 1990; Lee W. Minnier, born February 2, 1992; and Wyatt G. Minnier, born April 30, 2002. 4. The parties are subject to an Order of Court dated January 22, 2008, a copy of which is attached hereto and incorporated herein by reference as Exhibit A. 5. Pursuant to paragraph 2 of the Order, Petitioner is entitled to exercise periods SAMIS, MOWER & LENDS" 26 West High Street Carlisle, PA of partial physical custody of the two minor children, Lee and Wyatt, on the weekends of January 26-27, February 2-3 and February 9-10, pending the conciliation conference in this matter. 6. For the first weekend period of custody, Petitioner and Respondent agreed that Petitioner's weekend would be modified to Friday, January 25, 2008 to Saturday, January 26, 2008, due to work commitments of the parties. 7. The parties agreed to exchange custody in Carlisle on Friday, January 25, 2008, and in Selinsgrove on Saturday, January 26, 2008. 8. When Petitioner met Respondent at the agreed upon public location in Carlisle on Friday, January 25, 2008, Respondent only had the child, Wyatt, with him. 9. Petitioner requested that Respondent get the child, Lee, for her weekend period of custody. 10. Respondent refused to provide the child, Lee, for Petitioner's weekend period of custody. 11. Petitioner provided Respondent with the ability to review a copy of the court's Order of January 22, 2008, to show him that she was entitled to receive custody of both children, but Respondent still refused to provide the child, Lee. 12. Respondent indicated that he needed to keep the child, Lee, for the weekend to assist him with remodeling his new home. 13. Petitioner agreed that she would wait for Respondent to get the child from his home, but Respondent continued to refuse this request. 14. Respondent has willfully failed to abide by the terms of the custody Order by refusing Petitioner the opportunity to exercise her weekend period of time with the child. 15. Given the time constraints between the date of the order and the conciliation conference, there is not be the ability for make up time for missed weekends with this child. 16. Respondent has further restricted Petitioner's ability to enjoy periods of time FLOWER & LINDSAY AT?ATWIAW 26 West High Street Carlisle, PA with her son through his willful failure to abide by the Court's Order that was just entered. 17. Petitioner was obligated to secure counsel to pursue the within Petition for Contempt and Respondent should be responsible for payment of attorney's fees and costs associated with these proceedings that were necessitated due to his failure to abide by the terms of the Court's Order. 18. Respondent is represented by counsel in these proceeding. Notice of the filing of this Petition will be provided to Respondent's counsel, Harold Irwin, III, Esquire by j First Class Mail, postage prepaid at his last known mailing address. j WHEREFORE, Petitioner requests this Honorable Court to enter an Order providing for the following: a. For Petitioner to be awarded primary custody of the children; b. For Respondent to be held in contempt of the Order. C. For Respondent to be responsible for Petitioner's attorney's fees and costs incurred in connection with this matter; and d. Other sanctions as the Court deems appropriate. Respectfully Submitted, SAIDIS, FLOWER & LINDSAY Marylou M s, Esquire 26 West Hio Street Carlisle, PA 17013 (717) 243-6222 (717) 243-6486 Dated: Counsel for Petitioner FLOWER & LINDSAY 26 West High Street Carlisle, PA GREG A. MINNIER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. SANDRA L. MINNIER, NO. 2008-0231 CIVIL DEFENDANT IN CUSTODY IN RE: PETITION FOR EMERGENCY RELIEF ORDER OF COURT AND NOW, this 22nd day of January, 2008, upon consideration of the Petition for Emergency Relief filed by the Mother and after conference with Counsel, and the Court noting that a conciliation hearing in this case has been scheduled for 8:30 a.m., on February 14, 2008, before Conciliator Jackie Verney, Esquire; IT IS HEREBY ORDERED AND DIRECTED that primary custody of the three children pending the conciliation hearing shall remain with the Father, -_ Greg A. Minnier. Mother-shall havevisitation with the two -younger children from 9:00 - - a.m. Saturday Morning until 7:00 -p.m. Sunday evening during the weekends of January 26-27, February 2-3 and February 9-10. Counsel having related that the oldest child will turn 18 on February 11, 2008, and now has a job in`Carlisle, this child will be allowed to determine his own visitation schedule with Mother pending the conciliation hearing. Nothing in this order shall be construed in any way to infer that this Court has a preference toward either parent with regard to the primary custody. IT IS FURTHER ORDERED AND DIRECTED that Attorney Cindy Hribal, Esquire, is hereby appointed to represent Lawrence T. Minnier, born February 11, 1990, and Lee W. Minnier, born February 2, 1992. Attorney Hribal shall meet with each child individually and apart from any parent prior to the conciliation hearing to determine their preference with regard to custody and where they wish to attend school. By the Court, VA\ -? - ?-a M. L. Ebert, Jr.; J. Harold S. Irwin, III, Esquire Attorney for Plaintiff MaryL-ou-Matas, Esquire Attorney for Defendant Jacqueline Verney, Esquire Custody Conciliator Cindy Hribal, Esquire Attorney for Children bas ? 0 rid ?R! ? > tte a ?tr,?:,i= # her ie L J 1"' Lt 'N' '14J 9 '-,"141 COUT N& GREG A. MINNIER, PLAINTIFF V. SANDRA L. MINNIER, DEFENDANT IN THE COURT OF COMMON PLEAS OF. : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-0231 CIVIL IN CUSTODY IN RE: PETITION FOR EMERGENCY RELIEF ORDER OF COURT AND NOW, this 18th day of January, 2008, upon consideration of the Petition for Emergency Relief filed by the Defendant, IT IS HEREBY ORDERED AND DIRECTED that a status conference with counsel will -be field on Tuesday, January-22, 2008, at'8:00 a.m. -in-the chambers of Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, ?Ik _? ? M. L. c.u01 L, dI ., Harold S. Irwin, III, Esquire Attorney for Plaintiff MaryLou Matas, Esquire Attorney for Defendant bas Q @; COP u 6 E c:e f ifi Tact? grtt? „ir?n? vft i 9 herd ?,kM t? .° w Kr-!r th 4 as r ,l F t c : ?lis. Pa. , ,.. kd the S-1-11 VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct SAIDIS, FILONVER & LINDSAY 26 West High Street Carlisle, PA on behalf of Sandra L. Minnier who is outside the jurisdiction of this court and upon information provided to me by him. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. 2,,' ( bq ) Date Ma ou atas, squire GREG A. MINNIER, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. NO. 2008-231 CIVIL TERM IN CUSTODY SANDRA L. MINNIER, Defendant/Petitioner THE HONORABLE M. L. EBERT, JR. CERTIFICATE OF SERVICE This is to certify that in this case, complete copies of all papers contained in the attached document have been served upon the following persons by the following means and on the dates stated: Name & Address Means of Service Date of Service Harold S. Irwin, III, Esquire US mail 2/6/08 64 S. Pitt Street Carlisle, PA 17013 Cindy Hribal, Esquire 61 West Louther Street Carlisle, PA 17013 US Mail 2/6/08 4-i Marylou Wrqs, Esquire Attorney f etitioner 26 West High Street Carlisle, PA 17013 (717) 243-6222 FLOWER & LENDS" 26 West High Street Carlisle, PA C7 C: fV n 47 cn ?. {07V0 w n ?,Ll GREG A. MINNIER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. SANDRA L. MINNIER DFFENDANT 2008-231 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, February 08, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at___ 4th Floor, Cumberland County Courthouse, Carlisle on Monday, March 03, 2008 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ac ueline M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 /VPIW cjv?lno S 5 " wd 9- 831 BOOZ ]Hi FEB 15 2008,NV GREG A. MINNIER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNS,t'LVANIA V. : NO. 2008-231 CIVIL ACTION - LAW SANDRA L. MINNIER, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this __LM?`day of 6 , 2008, upon consideration of the attached Custody Conciliation Repo h, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. 5 , of the Cumberland County Court House, on the a t?day of , 2008, at q'-30 o'clock, A . M., at which time testimony will be taken. For purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing coun.el a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the following shall remain in full force and effect. 3. The Father, Greg A. Minnier and the Mother, Sandra L. Minnier, shall have shared legal custody of Lee W. Minnier, born February 2, 1992 and Wyatt G. Minnier, born April 30, 2002. 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 the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, 4 extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 4. Father shall have primary physical custody of the children. 5. Mother shall have periods of partial physical custody of the children on the following schedule: A. Beginning Friday, February 22, 2008, one weekend every three weeks from Friday at 4:30 p.m. to Sunday at 6:30 p.m. B. For Wyatt only, beginning February 28, 2008, one evening per week, with Mother giving Father at least one week's advance notice of the day she has selected from 4:30 p.m. to 7:30 p.m. C. Such other times as the parties can agree. 6. Transportation shall be shared such that the parties shall meet in Duncannon, Pennsylvania to exchange custody. 7. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, ?w -?, ?,a M.L. Ebert, Jr., J. cc" Harold S. Irwin, III, Esquire, counsel for Father arlou Matas, Esquire, counsel for Mother :Cindy Hribal, Esquire, counsel for Lawrence Minnier and Lee Minnier l2ol oa S' rn?.t Lo?- a?14/OS -? ?a??c? ??y, ???? r,?, ?? ? ???? -. . \) { t r r? ? f ?•?1?? ?? ??, ??t?? ? t. E? GREG A. MINNIER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-231 CIVIL ACTION - LAW SANDRA L. MINNIER, Defendant : IN CUSTODY PRIOR JUDGE: M.L. Ebert, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Lawrence T. Minnier February 11, 1990 Father Lee W. Minnier February 2, 1992 Father Wyatt G. Minnier April 30, 2002 Father 2. A Conciliation Conference was held February 14, 2008 with the following individuals in attendance: The Father, Greg A. Minnier, with his counsel, Harold S. Irwin, III, Esquire, the Mother, Sandra L. Minnier, with her counsel, Marylou Matas, Esquire and Cindy Hribal, Esquire, counsel for the two older boys. 3. Lawrence having reached the age of 18, will no longer be a subject to this proceeding. 4. The Honorable M.L. Ebert, Jr. previously entered an Order of Court dated January 22, 2008 providing for Father to have primary physical custody, and Mother having periods of partial physical custody of the two younger children every weekend from Saturday to Sunday. 5. Mother filed a Petition for Contempt alleging that Father violated the January 22, 2008 Order of Court because he did not turn over Lee to Mother for the first weekend. Father explained that he did not have a copy of the Court Order at the time and his attorney advised him that Lee was not included in the weekend custody. Since reviewing the Order with his counsel, Father has complied with it. In light of Father's explanation, I do not believe Father willfully violated the Order of Court and recommend that the Petition for Contempt be denied. 6. Father's position on custody is as follows: Father seeks shared legal and primary physical custody of the children, with Mother having one weekend every three weekends when she is off of work and five weeks in the summer. He acknowledges that Mother took all of the children with her when she relocated. Since that relocation in August, 2007, Father maintains that all of the children begged him to let them return to live with him. Lee only wants to visit every third weekend when Mother is off of work. Wyatt had a difficult time adjusting to the initial separation, experiencing problems at the school when he lived with Mother. Mother has scheduled a psychological evaluation for Wyatt. Wyatt has some problems at school now but Father is in contact with the guidance counselor and his teacher and Father asserts that his behaviors have improved recently. 7. Mother's position on custody is as follows: Mother seeks shared legal custody and primary physical custody with Father having every weekend. Mother suggests that this schedule maximizes the time with both parents, due to their work schedules. Mother expects to switch to daylight shift this week (instead of 3:00 p.m. - 11:00 p.m.) which will allow Mother to be home for the children after school. Mother admits that Wyatt had difficulty in school, but that he was fine in daycare. Mother has scheduled a psychological evaluation for Wyatt in March, 2008. 8. The two older children reported to their attorney that when they lived with Mother they in effect took care of themselves, since Mother worked 3:00 p.m.-11:00 p.m. Lawrence reported that he could not awaken Mother one time believing she was passed out from drinking Vodka. Mother denied this allegation. 9. The Conciliator recommends an Order in the form as attached scheduling a Hearing and granting shared legal custody, Father having primary physical custody and Mother having one weekend out of three for the two younger children and one evening per week for Wyatt. It is expected that the Hearing will require one day. 4 Date acq line M?Ve e y, Esquire Custody Conciliator GREG A. MINNIER, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. NO. 2008-231 CIVIL TERM IN CUSTODY SANDRA L. MINNIER, Defendant/Petitioner THE HONORABLE M. L. EBERT, JR. CUSTODY STIPULATION AND AGREEMENT THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between Sandra L. Minnier (hereinafter referred to as "Mother") and Greg A. Minnier (hereinafter referred to as "Father") WHEREAS, the parties are the natural parents of the following three children: Lawrence T. Minnier, born February 11, 1990; Lee W. Minnier, born February 2, 1992; and Wyatt G. Minnier, born April 30, 2002; WHEREAS, the parties live separate and apart, and wish to enter into a temporary stipulation and agreement relative to physical and legal custody of their children; NOW THEREFORE, in consideration of the mutual covenants, promises and agreements as herein set forth, the parties stipulate and agree as follows: 1. Legal Custody: Because Lawrence is still enrolled in school, he shall be FLOWER &. LINDSAY 26 West High Street Carlisle, PA subject to legal custody provisions. Mother and Father shall exercise shared legal custody of all of the children. 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 this paragraph each parent shall be entitled to all records and information pertaining to the children including, but not limited to, school and medical records and information. 2. Physical Custody: Because Lawrence is no longer a minor child, he shall not be subject to terms of physical custody. a. With regard to Wyatt, Mother and Father shalt share physical custody as follows: i. Mother shall exercise physical custody from June 27, 2008 through June 29, 2008; ii. Father shall exercise physical custody from June 30, 2008 overnight to July 1, 2008; iii. Mother shall exercise physical custody from July 1, 2008 until the start of the 2008-2009 school year, except that Father shall exercise physical custody on the days that Mother works during the summer. b. With regard to Lee, Father shall exercise primary physical custody. Mother shall exercise periods of partial physical custody one weekend per month during her weekend off. Mother also has requested a vacation week with the child from July 27 through August 2, which Father shall encourage and permit. C. The parties shall exchange custody at a point halfway between FWVVER & LINDSAY 26 West High Street Carlisle, PA their respective residences. 3. A Guardian Ad Litem shall be appointed for Wyatt. The Dickinson Center Children's Advocacy Clinic in Carlisle shall be appointed to serve as the GAL. If there are any costs for this service, they shall be divided equally between the parties. this shall be divided equally. Additional sessions may be scheduled by the mediator and the parties shall participate at her recommendation. The decision of the mediator shall be binding with regard to custody of the child for the school year, but may be appealed to the Court of Common Pleas for Cumberland County, in which case a hearing date is reserved for October 17, 2008 5. Disparaging Remarks: Neither parent shall do anything which may estrange the children from the other party, injure the opinion of the children as to the other party, or which may hamper the free and natural development of the children's love and affection for the other party. 6. Any modification or waiver of any of the provisions of this Agreement on a permanent basis shall be effective only if made in writing, and only if executed with the same formality as this Stipulation and Agreement. 7. The parties desire that this Stipulation and Agreement be made an Order of Court of the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor children. 8. The parties stipulate that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the FLOWER & LINDSAY 26 West High Street Carlisle, PA part of the other party. 9. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. IN WITNESS WHEREOF, The parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year hereinafter mentioned. FLOWER ? LINDSAY 26 West High Street Carlisle, PA WITNESSETH: 6" - a cs- 08 Date Cn °???-cam 3 Date Sandra L. mnier Greg A. Mi er r I verify that the statements made in this Stipulation and Agreement for Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. 4Sandra I verify that the statements made in this Stipulation and Agreement for Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities: Greg Apftier ` FLOWER & LINDSAY 26 West High Street Carlisle, PA {"? rv f;- ? ?) cry "77 C--,. ;; 1 N q'°-- ? ;??'??? _? ('t a IV ^? }µ; -„? t - ._. j - : .? 4 ;? .. ,. -°<; IJUL 0 32008 GREG A. MINNIER, Plaintiff/Respondent V. SANDRA L. MINNIER, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-231 CIVIL TERM IN CUSTODY THE HONORABLE M. L. EBERT, JR. ORDER OF COURT AND NOW, this I day of -S J`1 , 2008, the attached Stipulation and Agreement for Custody is hereby made an Order of Court. BY THE COURT: F? RR & 26 West High Street Carlisle, PA cQ-Amarylou Matas, Esquire Attorney for Defendant gold S. Irwin, Esquire Attorney for Plaintiff s kw m tm GREG A. MINNIER, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. NO. 2008-231 CIVIL TERM IN CUSTODY SANDRA L. MINNIER, Defendant/Petitioner THE HONORABLE M. L. EBERT, JR. CUSTODY STIPULATION AND AGREEMENT THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between Sandra L. Minnier (hereinafter referred to as "Mother") and Greg A. Minnier (hereinafter referred to as "Father"). WHEREAS, the parties are the natural parents of the following three children: Lawrence T. Minnier, born February 11, 1990; Lee W. Minnier, born February 2, 1992; and Wyatt G. Minnier, born April 30, 2002; WHEREAS, the parties live separate and apart, and wish to enter into a comprehensive stipulation and agreement relative to physical and legal custody of their minor children; NOW THEREFORE, in consideration of the mutual covenants, promises and agreements as herein set forth, the parties stipulate and agree as follows: 1. Legal Custody: Because Lawrence is still enrolled in school, he shall be SAIDIS, FLOWER & LINDSAY nrrogt?vs.,v uw 26 West High Street Carlisle, PA subject to legal custody provisions. Mother and Father shall exercise shared legal custody of all of the children. 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 this paragraph each parent shall be entitled to all records and information pertaining to the children including, SAIDIS, FLOWER & LINDSAY ATiOWeY? , Q- 26 West High Street Carlisle, PA but not limited to, school and medical records and information. 2. Physical Custody: Because Lawrence is no longer a minor child, he shall not be subject to terms of physical custody. a. School year: With regard to Wyatt, Mother shall exercise primary physical custody. Father shall exercise periods of partial physical custody during the weekends that Mother works from Friday at 4:30 pm through Sunday at 7:00 pm. If Monday following Father's weekend is a holiday or other day off from school, Father may extend his weekend to include that day. If Father is not able to do so, or to exercise custody for his weekend period, he will provide at least one week's notice to Mother. With regard to Lee, Father shall exercise primary physical custody. Mother shall exercise periods of partial physical custody one weekend per month during the weekends that she is off work from Saturday at 3:00 pm through Sunday at 7:00 pm. Transportation for these periods of custody shall be provided by Father. Summer: With regard to Wyatt, the parties shall share physical custody on a two week period. Father shall exercise the first two weeks of summer break beginning the day that Wyatt gets out of school for the summer. (In 2008, Father shall exercise custody during the weeks of June 1St and June 8th; June 29th and July 6th; July 27th and August Td; Mother shall exercise custody during the weeks of June 15th and June 22 "d; July 13th and July 20th; and August 10'h and August 17t) Custody exchanges shall occur the on Sundays at 7:00 pm. b. Transportation: Unless otherwise specifically stated herein, custody exchanges shall occur at a midway point between the parties' respective residences, or at a midway point from wherever the parties may be at the time they are enjoying physical custody. (For example, if Father is enjoying physical custody of the children at his parent's residence, then the parties should exchange custody midway between that residence and Mother's residence.) 3. Holidays: a. Easter: The parties shall alternate custody of the children on this holiday. Father will exercise custody of the children in odd numbered years and Mother will exercise custody of the children in even numbered years. Times for exchanges shall be 9:00 am through 6:00 pm. b. Thanksgiving: The parties shall alternate custody of the children SAMIS, FWNWR & LINDSAY nrnotavets nruw 26 West High Street Carlisle, PA on this holiday. In 2008 and even numbered years, Father will exercise custody of the children Wednesday prior to Thanksgiving Day from 4:30 pm through 7:00 pm on Thanksgiving Day; Mother will exercise custody of the children from 7:00 pm on Thanksgiving through the day after the holiday at 7:00 pm. In 2009 and odd numbered years, Mother may exercise custody of the children Wednesday prior to Thanksgiving Day from 4:30 pm through 7:00 pm on Thanksgiving Day; Father may exercise custody of the children from 7:00 pm on Thanksgiving through the day after the holiday at 7:00 pm C. Christmas: This holiday will be blocked into three sections. The parties will alternate the sections. 1 December 23 through December 24 at 8:00 pm; 2 December 24 8:00 pm through December 28 at 8:00 pm; 3 December 28 at 8:00 pm to January 2, or the start of school. SAIDIS, FLOWER & LEVDSM ATrORN -AT•uw 26 West High Street Carlisle, PA With regard to Wyatt, in 2008 and even numbered years, Mother will exercise custody of periods 1 and 3. Father will exercise custody of period 2. In 2009 and odd numbered years, Father will exercise custody of periods 1 and 3. Mother will exercise custody of period 2. In the event that either party is working during their period of custody and the other party is available to care for Wyatt, the parties shall work together to see that Wyatt's Christmas holiday time is maximized with each available parent. With regard to Lee, in 2008, Mother will exercise custody of period 1 only and Father will exercise custody of periods 2 and 3. In 2009, Mother will exercise at least one 24 hour holiday period with Lee, to be agreed upon by the parties. If Lee requests additional holiday vacation time to spend with Mother, Father shall not unreasonably deny that request. 4. Vacation: Mother may exercise a one week vacation with Lee, providing 30 days advance notice to him, which Father shall encourage, permit and not unreasonable deny. 5. Counseling: When the children are involved in individual counseling, 8 6. Guardian Ad Litem: A Guardian Ad Litem is appointed for Wyatt. The Dickinson Center Children's Advocacy Clinic in Carlisle currently is appointed to serve as the GAL. If there are any costs for this service, both parents shall cooperate with and follow the recommendations of the counselor with regard to their participation in counseling sessions. they shall be divided equally between the parties. 7. Disparag ing Remarks: Neither parent shall do anything which may estrange the children from the other party, injure the opinion of the children as to the other party, or which may hamper the free and natural development of the children's love and affection for the other party. Any modification or waiver of any of the provisions of this Agreement on a permanent basis shall be effective only if made in writing, and only if executed with the same formality as this Stipulation and Agreement. 9. The parties stipulate that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other party. 10. The parties acknowledge that they have read and understand the SAIDIS, FLOWER & LINDSAY AT ORNM,AT•uw 26 West High Street Carlisle, PA provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. IN WITNESS WHEREOF, The parties hereto intending to be legally bound by the SAIDIS, FLOWER & LINDSAY nrroxi?YS•aT•uw 26 West High Street Carlisle, PA terms hereof, set forth their hands and seals the day and year hereinafter mentioned. WITNESSETH: as c? Witness Date W' ess ate Witness Witness rG Date 30 ?6 Date ?(1. . I J l ? N1,fD, San r L. Minnier Greg .lylinnier )r Lee I verify that the statements made in this Stipulation and Agreement for Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. '??O i2ba Z. andra L. innier I verify that the statements made in this Stipulation and Agreement for Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. Gre A. Minnier SAMIS, FLOWER & LP4DSAY nneruw 26 West High Street Carlisle, PA ? ? r..? ,, _, - ?.? - { ..? , ...,,a ? ??,.? -. '-.'1 i,_. NOV 0 3 200% GREG A. MINNIER, Plaintiff/Respondent V. SANDRA L. MINNIER, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-231 CIVIL TERM IN CUSTODY THE HONORABLE M. L. EBERT, JR. - ` ORDER OF COURT AND NOW, this 3 day of Rus." ,t , 2008, the attached Stipulation and Agreement for Custody is hereby made an Order of Court. BY THE COURT: i J. SAID?IS, FLOWER & LJNDSAY 26 West High Street Carlisle, PA its i f cc: Marylou Matas, Esquire Attorney for Defendant Harold S. Irwin, Esquire Attorney for Plaintiff Cindy Hribal, Esquire Attorney for Lee Minnier Kate Lawrence, Esquire Children's Advocacy Clinic Guardian A1d_Li?tem lip« c? 1 .$ WV ' - AON BOOZ