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HomeMy WebLinkAbout08-2475MICHAEL RINEER , : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 7 +c<v. SHANNON LEE DONOFRIO-RINEER Defendant Civil Action - Custody COMPLAINT AND NOW comes the Plaintiff, by and through his attorneys, the Offices of Fenstermacher and Associates, P.C., and files this Complaint, as follows: 1. The Plaintiff and Defendant are the parents of Jonas Michael Rineer, a minor child, born April 12, 2000. 2. Jonas Michael Rineer was born during this marriage. 3. No outstanding order of custody currently exists. 4. There exists no custody arrangement between the parties.. 5. The mother of the minor child is Shannon Lee Donofrio-Rineer and the father of the minor child is Michael Rineer; and there are no other parties in interest in this custody action. The father currently reside at 8 Hazelwood Path, Mechanicsburg, Pennsylvania. 6. The mother currently works at IBM, 2020 Technology Parkway, Mechanicsburg, Pennsylvania. Her residence is unknown. 7. The minor child has resided with both mother and father at 8 Hazelwood Path, Mechanicsburg, Pennsylvania since April, 2000. 8. The Defendant left the marital home on April 15, 2008. 9. Prior to Defendant leaving the premises, the Defendant had assaulted the Plaintiff causing physical injury. 10. On April 15, 2008, the Plaintiff was assaulted by the Defendant's paramour at the home. 11. The Defendant has stated to Plaintiff that if she gets visitation with the child, the Defendant will not see the child again. 12. The Plaintiff/Father asks for custody of the minor child, Jonas Michael Rineer, in the belief that he is the party best able to care for the minor child and that it would be in the best interest of the child. 13. To the best of Plaintiffs knowledge no other action for custody, support or visitation has been filed with this or any other Court of the Commonwealth regarding the minor child. 14. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another Court. 15. Plaintiff does not know of a person not a party to the proceedings who claims to have custody or visitation rights with respect to the child. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an award of temporary custody to him until a final hearing on the matter is held and, thereafter, to enter a final order for custody in the name of the Plaintiff. Respectfully submitted, FENSTERMACHER AND ASSOCIATES, P.C. Y John R. Fenstermacher Supreme Court I. D. #29940 5115 East Trindle Road Mechanicsburg, PA 17050 (717) 691-5400 r? Attorney for Plaintiff DATED: VERIFICATION I, Michael Rineer, have read the foregoing Complaint and hereby certify that the facts set forth are true and correct to the best of my knowledge, information and belief. This statement is made subject to the penalties of 18 Pa. Const. Stat. Ann. §4904 relating to unsworn falsification to authorities. By: 91 " Michael ineer DATED://% c 77 CJ7 CIO -G n' t? 1 MICHAEL RINEER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-2475 CIVIL ACTION LAW SHANNON LEE DONOFRIO-RINEER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, April 22, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, May 23, 2008 at 1:00 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. 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/ john . Mangan, r. 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Fl- ?o ?? ? -5 n`+? J Last Printed: September 22, 2008 9:00 AM MARGARET M. SIMOK, ESQUIRE MARIA P. COGNETTI & ASSOCIATES Attorney I.D. No. 89633 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 717-909-4060 Attorney for Plaintiff MICHAEL RINSER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. SHANNON LEE DONOFRIO-RINSER, Defendant : NO. 08-2475 CIVIL ACTION - LAW IN CUSTODY PRAECIPE FOR WITHDRAWAL/ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appearance on behalf of Michael J. Rineer, Plaintiff in the above-captioned matter. Respectfully Su fitted: Date: 9 iS-O$ By: *JOPIN FEN-1STERMACHE'R, ESQUIRE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Michael J. Rineer, Plaintiff, in the above-captioned divorce matter. Respectfully submitted, _ Date: //ag By: /z zr;? I MARG T S. SIMOK, ESQUIRE C? ? "r7 . Fig} CU MICHAEL RINEER V. Plaintiff SHANNON LEE DONOFRIO-RINEER Defendant : IN THE No. T OF COMMON PLEAS COUNTY, PENNSYLVANIA 2475 Civil Term : ACTION IN CUSTODY COURT ORDER AND NOW, this day of December 20 8, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. This Order is entered pursuant to a Custody Co Hearing is hereby scheduled on the #a dE qp#pm in Courtroom number - in the Cum] Pleas, Carlisle, PA 17013 at which time testimc physical custody for the subject Children. For shall be deemed to be the moving party and shE Counsel for each party shall file with the Court Memorandum setting forth each party's positio who will be expected to testify at the hearing w testimony of each witness. These Memoranda prior to the hearing date. 2. Legal custody: The Mother, Shannon D Father, Michael Rineer shall have shared legal c born 04/12/2000 and Lucas Rineer, born 08/20/: equal right to make all major non-emergency de general well-being including, but not limited to, health, education and religion. Pursuant to the t parent shall be entitled to all records and inform including, but not limited to, medical, dental, rel residence address of the Children and of the othi parent has possession of any such records or infi required to share the same, or copies thereof, wi reasonable time as to make the records and infoi other parent. 3. Physical Custody: Mother shall have primary pl subject to Father's physical custody as follows: a. Father shall share physical custod and Thursday from after school u Saturday from noon until Sunday ciliation Conference. A Custody of March 2009 at I,'_30 ,rland County Court of Common ry will be taken in regard to the nposes of this hearing, the Father proceed initially with testimony. nd opposing counsel a on custody, a list of witnesses l a summary of the anticipated call be filed at least five days Donofrio-Rineer, and the ;tody of Jonas Michael Rineer, 08. The parties shall have an sions affecting the Children's .1 decisions regarding their ms of 23 Pa.C.S. §5309, each ion pertaining to the Children ,ious or school records, the parent. To the extent one nation, that parent shall be the other parent within such ation of reasonable use to the custody of the Children of Jonas Rineer every Tuesday it the following morning, every :00 pm and Father shall have b. C. physical custody of Jonas one ou following morning. Father shall have physical custod or Thursday from 5:30 pm until Additionally, Father shall have pl Saturday from noon until 2:00 pr right to be physically present at F and then Father shall spend time hour. It is understood that Mothe residence is meant to increase Mc can adequately care for Lucas an4 with Father's care of Lucas, thesf with only Lucas and Father. Fatt is present at his residence, only F Father shall have physical custod times as the parties may mutually of every four Sundays until the V of Lucas Rineer every Tuesday :30 pm at Father's residence. tysical custody of Lucas every i. Initially, Mother shall have the ather's residence for the first hour done with Lucas for the second is physical presence at Father's ther's comfort level that Father l as soon as Mother is satisfied custodial times shall be spent er shall ensure that when Mother ether will be there. of the Children at such other agree. 4. Counseling: The parties are directed to engage i therapeutic family counseling with a mutually-agreed upon professional. In the absence of agreement, Melinda Eash's services shall be used. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 5. It is agreed upon that a custody evaluation may be beneficial to the instant matter with a mutually agreed upon professional. The location of costs for the evaluation shall be arranged between the parties. 6. The non-custodial parent shall have liberal on a reasonable basis. 7. Holidays: Father shall custodial time with the C Christmas Day, Father shall have custodial time pm and with Jonas from noon until the followin; right to be physically present at Father's residen Father shall spend time alone with Lucas for the 8. Neither party may say or do anything nor permit anything that may estrange the Children from thf of the Children as to the other party, or may ham development of the Children's love or affection i possible, both parties shall not allow third parties the presence of the Children. contact with the Child(ren) uldren on Christmas Eve and on vith Lucas from noon until 2:00 morning. Mother shall have the for the first hour and then tcond hour. i third party to do or say other party, or injure the opinion ?er the free and natural )r the other party. To the extent to disparage the other parent in 9. In the event of a medical emergency, the custodio party shall notify the other parties as soon as possible after the emergency isl handled. 10. During any periods of custody or visitation, the parties shall not possess or use controlled substances or consume/be under the i uence of alcoholic beverages to the point of intoxication. The parties shall like se assure, to the extent possible, that other household members and/or house gue is comply with this provision. 11. A status conference is hereby scheduled for Jan ary 28, 2008 at 8:30 am at the Court of Common Pleas, Carlisle, PA 17013. the event the parties feel that said status conference is not necessary, the parties shall contact the assigned conciliator to cancel. 12. The parties may modify this Order by mutual absence of mutual consent, the terms of this ( Yrstribution: ,/Margaret Simok, Esq. ,/Jn Purcell, Jr., Esq. ,/John n J. Mangan, Esq. Cv P t ;2S mC16Li ?C' :ment in writing. In the shall control. BY T14F, Cni1RT_ Aill- 0 0 .1 W8 91 030 OOOZ ?' MICHAEL RINEER V. SHANNON LEE DONOFRIO-RINEER : No. 082475 Civil Term Defendant : ACTION IN CUSTODY CONCII.IATION CONFERENCES Y REPORT IN ACCORDANCE WITH THE CUMBERLA D COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the litigation is as follows: Name Date of Birth Jonas Michael Rineer 04/12/2000 Lucas Rineer 08/20/2008 2. A Conciliation Conference was held on De4 following individuals participating: The Mother, Shannon Lee Donofrio-Rineer, wi The Father, Michael Rineer, with his counsel, b 3. Mother's position on custody is as follows: share physical custody of Jonas but Mother Father and does not feel a shared arrangeme that Father has not been involved with the c, breast feeds the Child, which requires her to than two hours. Mother has concerns regarc and parenting skills; especially with an infar appropriate for Father to have extended peri, point. Mother maintains that she is apprehei Father's family. 4. Father's position on custody is as follows: F. current shared physical custody schedule wit an excellent relationship with him. Father as increase his contact with Lucas. Father asser Lucas with a bottle. Father feels uncomfortal Mother and seeks uninterrupted and unsupen would like to see his side of the family also e Lucas. Both Mother and Father agreed to pu possibly with a custody evaluation. IN THE COURT OF COMMON PLEAS Plaintiff CUMB AND COUNTY, PENNSYLVANIA who are the subject of this Currently in the Custody of Mother and Father Primary Mother 04, 2008 with the her counsel John Purcell, Jr., Esq. rgaret Simok, Esq. zrrently, the parents essentially s some concerns regarding is appropriate. Mother asserts of Lucas and she currently away from the Child no more g Father's anger management Mother asserts that is not s of time with Lucas at this ve about certain members of ther would like to keep the Jonas and maintains that he has erts that he would like to that he would be able to feed le always being supervised by sed time with Lucas. Father tablish a relationship with we family counseling and 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and entering an Order of Court rega rding custody as outlined. It is the Conciliator's belief that this would be in the Children's best interest. It is expected that the Hearing will require one h f of a day. 6. The proposed recommended Order may con 'n a requirement that the parties file a pre-trial memorandum with the Judge o whom the matter has been assigned. Date: ZY JohKJ. *ai(gan-Z-96u-1iFe' _ 4r FEB 1 2 ZOOeG O MICHAEL RINEER Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. SHANNON LEE DONOFRIO-RINEER Defendant Prior Judge: J. Wesley Oler, Jr., J. : No. 08-2475 Civil Term : ACTION IN CUSTODY COURT ORDER AND NOW, this -? Kday of February 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. All prior Orders of Court are VACATED and replaced with this Order. 2. This Order is entered pursuant to a Custody Conciliation Conference. A Custody Hearing is currently scheduled on the 12th day of March 2009 at 1:30 pm in Courtroom number 1 in the Cumberland County Court of Common Pleas, Carlisle, PA 17013 at which time testimony will be taken in regard to the physical custody for the subject Children. For purposes of this hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the hearing date. 3. Legal custody: The Mother, Shannon Lee Donofrio-Rineer, and the Father, Michael Rineer shall have shared legal custody of Jonas Michael Rineer, born 04/12/2000 and Lucas Rineer, born 08/20/2008. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 4. Physical Custody: Mother shall have primary physical custody of the Children subject to Father's physical custody as follows: a. Father shall share physical custody of Jonas Rineer every Tuesday and Thursday from after school until the following morning, every Saturday from noon until Sunday 5:00 pm and Father shall have physical custody of Jonas one out of every four Sundays until the following morning. b. Father shall have physical custody of Lucas Rineer every Tuesday or Thursday from 5:30 pm until 7:30 pm at Father's residence. Additionally, Father shall have physical custody of Lucas every Saturday from noon until 2:00 pm. Mother's presence at Father's home during this time is not necessary. C. Father shall have physical custody of the Children at such other times as the parties may mutually agree. 5. Counseling: The parties are directed to continue with therapeutic family counseling with a mutually-agreed upon professional. In the absence of agreement, Melinda Eash's services shall be used. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 6. It is agreed upon that a custody evaluation may be beneficial to the instant matter with a mutually agreed upon professional. The allocation of costs for the evaluation shall be arranged between the parties. 7. The non-custodial parent shall have liberal telephone contact with the Child(ren) on a reasonable basis. 8. Holidays: A holiday schedule shall be established either at the conference on 2/25/09 or at the scheduled hearing 3/4/09. 9. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 10. In the event of a medical emergency, the custodial party shall notify the other parties as soon as possible after the emergency is handled. 11. Right of first refusal: In the event that the custodial parent should require a care- taker/babysitter for the Children a period of time in excess of three hours, the custodial party shall first offer said opportunity to the non-custodial parent. 12. During any periods of custody or visitation, the parties shall not possess or use controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 13. A status conference is hereby scheduled for February 25, 2009 at 12:00 pm. at the Court of Common Pleas, Carlisle, PA 17013. In the event the parties feel that said status conference is not necessary, the parties shall contact the assigned conciliator to cancel. 14. The parties may modify this Order by mutual agreement in writing. In the absence of mutual consent, the terms of this Order shall control. Di 'bution: argaret Simok, Esq. )ehn Purcell, Jr., Esq. Vhn J. Mangan, Esq. \ RV TTJT7 r nT Tl) T L't W d L ! 83.E 6002 V, MICHAEL RINEER V. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA SHANNON LEE DONOFRIO-RINSER Defendant Prior Judge: J. Wesley Oler, Jr., J. : No. 08-2475 Civil Term : ACTION 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: Name Date of Birth Currently in the Custody of Jonas Michael Rineer 04/12/2000 Mother and Father Lucas Rineer 08/20/2008 Primary Mother 2. A Conciliation Conference was held on December 04, 2008, an Order issued December 12, 2008 and a status conference was held January 26, 2009 with the following individuals participating: The Mother, Shannon Lee Donofrio-Rineer, by herself but represented by her counsel John Purcell, Jr., Esq. The Father, Michael Rineer, with his counsel, Margaret Simok, Esq. 3. Mother's position on custody is as follows: Currently, the parents essentially share physical custody of Jonas but Mother has some concerns regarding Father and does not feel a shared arrangement is appropriate. Mother would like Jonas Monday through Friday. Mother feels that this would be more stable for him with his school schedule and friends in the community. Mother agreed to consider a 4/3/3/4 schedule whereby the majority of every school week would be spent with her; however she needed to confer with her counsel. In regard to Lucas, Mother does not feel comfortable expanding time for Father. She indicated that she may be more receptive to this soon. Mother acknowledges that Father has been doing a "great job" taking care of Lucas since December. Mother indicates that Lucas has been taking formula and baby food and that Father has given bottles to Lucas. Mother indicates that she will be taking some baby food over to Father's house. 4. Father's position on custody is as follows: Father would like to keep the current shared physical custody schedule with Jonas or possible implementing J a 2/2/3 or 4/3/3/4 schedule. Mother and Father only live about 3-4 miles from each other. Father asserts that is more than capable to assist Jonas with school work and it would not be an issue if Jonas spent overnights at Father's house between Monday and Friday. Father also submits that things are going well in terms of him caring for Lucas. Father would like to increase his time with Lucas and submits that Mother's presence is not warranted when he has custody of Lucas. Father asserts that he has been giving Lucas a bottle and changing him. Father seeks uninterrupted and unsupervised time with Lucas. Father would like to see his side of the family also establish a relationship with Lucas. Both Mother and Father agreed to continue with family counseling and possibly with a custody evaluation. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and entering an Order of Court regarding custody as outlined. It is the Conciliator's belief that this would be in the Children's best interest. It is expected that the Hearing will require one half of a day. 6. The proposed recommended Order may contain a requirement that the parties file a pre-trial memorandum with the Judge to whom the matter has been assigned. Date: 1- (G 7 i FED 20006, MICHAEL RINEER V. Plaintiff SHANNON LEE DONOFRIO-RINEER Defendant Prior Judge: J. Wesley Oler, Jr., J. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 08-2475 Civil Term : ACTION IN CUSTODY AMENDED COURT ORDER AND NOW, this Vi ? day of February 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. All prior Orders of Court are VACATED and replaced with this Order. 2. This Order is entered pursuant to a Custody Conciliation Conference. A Custody Hearing is currently scheduled on the 4th day of March 2009 at 1:30 pm in Courtroom number 1 in the Cumberland County Court of Common Pleas, Carlisle, PA 17013 at which time testimony will be taken in regard to the physical custody for the subject Children. For purposes of this hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the hearing date. 3. Legal custody: The Mother, Shannon Lee Donofrio-Rineer, and the Father, Michael Rineer shall have shared legal custody of Jonas Michael Rineer, bom 04/12/2000 and Lucas Rineer, born 08/20/2008. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 4. Physical Custody: Mother shall have primary physical custody of the Children subject to Father's physical custody as follows: N, r., ti a. Father shall share physical custody of Jonas Rineer every Tuesday and Thursday from after school until the following morning, every Saturday from noon until Sunday 5:00 pm and Father shall have physical custody of Jonas one out of every four Sundays until the following morning. b. Father shall have physical custody of Lucas Rineer every Tuesday or Thursday from 5:30 pm until 7:30 pm at Father's residence.. Additionally, Father shall have physical custody of Lucas every Saturday from noon until 2:00 pm. Mother's presence at Father's home during this time is not necessary. C. Father shall have physical custody of the Children at such other times as the parties may mutually agree. 5. Counseling: The parties are directed to continue with therapeutic family counseling with a mutually-agreed upon professional. In the absence of agreement, Melinda Eash's services shall be used. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 6. The non-custodial parent shall have liberal telephone contact with the Child(ren) on a reasonable basis. 7. Holidays: A holiday schedule shall be established at the scheduled hearing on 3/4/09. 8. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 9. In the event of a medical emergency, the custodial party shall notify the other parties as soon as possible after the emergency is handled. 10. Right of first refusal: In the event that the custodial parent should require a care- taker/babysitter for the Children a period of time in excess of three hours, the custodial party shall first offer said opportunity to the non-custodial parent. 11. During any periods of custody or visitation, the parties shall not possess or use controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 12. The parties may modify this Order by mutual agreement in writing. In the absence of mutual consent, the terms of this Order shall control. 'b on: argaret Simok, Esq. J hn Purcell, Jr., Esq. ohn J. Mangan, Esq. uv TUP rnT TR T MICHAEL RINEER V. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA SHANNON LEE DONOFRIO-RINEER Defendant Prior Judge: J. Wesley Oler, Jr., J. : No. 08-2475 Civil Term : ACTION IN CUSTODY CONCILIATION CONFERENCE SUhDIARY 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: Name Date of Birth Currently in the Custody of Jonas Michael Rineer 04/12/2000 Mother and Father Lucas Rineer 08/20/2008 Primary Mother 2. A Conciliation Conference was held on December 04, 2008, an Order issued December 12, 2008 and a status conference was held January 26, 2009 with the following individuals participating: The Mother, Shannon Lee Donofrio-Rineer, by herself but represented by her counsel John Purcell, Jr., Esq. The Father, Michael Rineer, with his counsel, Margaret Simok, Esq. 3. Mother's position on custody is as follows: Currently, the parents essentially share physical custody of Jonas but Mother has some concerns regarding Father and does not feel a shared arrangement is appropriate. Mother would like Jonas Monday through Friday. Mother feels that this would be more stable for him with his school schedule and friends in the community. Mother agreed to consider a 4/3/3/4 schedule whereby the majority of every school week would be spent with her; however she needed to confer with her counsel. In regard to Lucas, Mother does not feel comfortable expanding time for Father. She indicated that she may be more receptive to this soon. Mother acknowledges that Father has been doing a "great job" taking care of Lucas since December. Mother indicates that Lucas has been taking formula and baby food and that Father has given bottles to Lucas. Mother indicates that she will be taking some baby food over to Father's house. 4. Father's position on custody is as follows: Father would like to keep the current shared physical custody schedule with Jonas or possible implementing a 2/2/3 or 4/3/3/4 schedule. Mother and Father only live about 3-4 miles from each other. Father asserts that is more than capable to assist Jonas with school work and it would not be an issue if Jonas spent overnights at Father's house between Monday and Friday. Father also submits that things are going well in terms of him caring for Lucas. Father would like to increase his time with Lucas and submits that Mother's presence is not warranted when he has custody of Lucas. Father asserts that he has been giving Lucas a bottle and changing him. Father seeks uninterrupted and unsupervised time with Lucas. Father would like to see his side of the family also establish a relationship with Lucas. Both Mother and Father agreed to continue with family counseling and possibly with a custody evaluation. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and entering an Order of Court regarding custody as outlined. It is the Conciliator's belief that this would be in the Children's best interest. It is expected that the Hearing will require one half of a day. 6. The proposed recommended Order may contain a requirement that the parties file a pre-trial memorandum with the Judge to whom the matter has been assigned. Date: `Zl U Jo Jangan, Esquire C rod(Conciliator MICHAEL RINSER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. SHANNON LEE DONOFRIO- RINEER, Defendant NO. 08-2475 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this 5 h day of March, 2009, a further hearing in the above matter is scheduled for Monday, June 1, 2009, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. Margaret M. Simok, Esq. 210 Grandview Avenue Suite 102 Camp Hill, PA 17011 Attorney for Plaintiff ?John W. Purcell, Jr., Esq. 1719 N. Front Street Harrisburg, PA 17102 Attorney for Defendant :rc CoP?£.S' ma<<cr? BY THE COURT, \/lN VA143,NN--Id I ? :01 WV 9- HVW fiml AUVi ,,40r U(JW 3A da • MICHAEL RINEER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW SHANNON LEE DONOFRIO-RINEER, Defendant 08-2475 CIVIL TERM ORDER OF COURT AND NOW, this 4th day of March, 2009, upon consideration of Plaintiff's complaint for custody in the above-captioned matter and following an initial period of hearing which has not yet been completed, the record shall remain open and counsel are requested to contact the Court's secretary for purposes of scheduling an additional day of hearing. It is noted that at the time of adjournment on today's date Defendant was in the course of presenting her testimony and at the time of adjournment was about to be subjected to redirect examination by her counsel. In addition, it is noted that Plaintiff's Exhibits 1 through 11 had been identified and admitted. No other exhibits had been identified or admitted. Counsel have requested that the stenographer transcribe and file the notes of testimony from today's proceeding. Both counsel have reserved the right to call additional witnesses in this case. By the Court, ?' ff J. Wesley e Jr., J. tz.a ? ?' ° . ?V V e .. /Margaret M. Simok, Esquire 210 Grandview Avenue Ste 102 Camp Hill, PA 17011 Fcyr the Plaintiff John W. Purcell, Jr., Esquire 1719 N Front Street Harrisburg, PA 17102 For the Defendant pcb 1..0? t ES m?.cL MARIA P. COGNETTI & ASSOCIATES MARGARET M. SIMOII, ESQUIRE Attorney I.D. No. 89633 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff MICHAEL RINSER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-2475 SHANNON LEE DONOFRIO-RINSER, : CIVIL ACTION - LAW Defendant : IN CUSTODY MOTION FOR CONTINUANCE AND NOW, comes Michael Rineer, Plaintiff herein, by and through his attorney, Margaret M. Simok, Esquire, and brings this Motion for Continuance and in support thereof respectfully represents as follows: 1. Michael Rineer is the Plaintiff in the above-captioned matter. 2. Shannon Lee-Donofrio-Rineer is the Defendant in the above-captioned matter. 3. On March 4, 2009, this Honorable Court held a partial custody hearing on this matter. 4. The hearing was continued to a full-day hearing on June 1, 2009, by Order of this Court on March 5, 2009. 5. Several of Plaintiff's witnesses, who are in the education field, are unable to attend the hearing on that date due to their responsibilities at their respective schools. 6. Defendant's counsel, John W. Purcell, Jr., Esquire, is aware of Plaintiffs request for a continuance of this hearing and does not concur with the filing of this Motion for Continuance. WHEREFORE, Plaintiff requests this Honorable Court grant a continuance of the hearing scheduled for June 1, 2009, at 9:30 a.m. Respectfully submitted, Dated: 3 ao o 1 MARIA P. COGNETTI & ASSOCIATES By. tr A,?-z MARGARET M. SIMOK, ESQUIRE Attorney I.D. No. 89633 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff -2- N CERTIFICATE OF SERVICE I, Margaret M. Simok, Esquire, hereby certify that I served a true and correct copy of the foregoing Motion for Continuance at the address indicated below: John W. Purcell, Jr., Esquire Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102-2392 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 MARIA P. COGNETTI & ASSOCIATES Dated: _'J?ao lo q By: MARG T M. SIMOK, ESQUIRE Attorney I.D. No. 89633 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff -3- C? ?=?' E.w ? .a..-? 4$.? 2 -?"[ i fly" rw „?._ :3 ??r!?.? l,J • ?"`., ?? ...!;i tti...i MICHAEL RINSER, Plaintiff V. SHANNON LEE DONOFRIO- RINEER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-2475 CIVIL TERM INTERIM ORDER OF COURT AND NOW, this 24th day of March, 2009, upon consideration of Plaintiff s Complaint with respect to custody of the parties' child, Jonas Michael Riineer (d.o.b. April 12, 2000), and it appearing that the parties regard the present case as involving the issue of custody as well of their other child, Lucas Matthew Rineer (d.o.b. August 20, 2008), and following an initial period of hearing held on March 4, 2009,'which has not yet been completed, it is ordered and directed as follows pending the continuation of the hearing, scheduled for June 1, 2009, and further order of court: 1. The terms of the order dated February 13, 2009, shall remain in full force and effect, except as modified by paragraph 2 herein; 2. Plaintiff father's periods of temporary or partial physical custody of Lucas Matthew Rineer shall be (a) every Tuesday ftom 5:30 p.m. until 7:30 p.m., (b) every Thursday from 5:30 p.m. until 7:30 p.m., and (c) every Saturday from noon until 7:30 p.m.; and 3. Nothing herein shall preclude the parties from deviating from the terms of the court-ordered arrangement by mutual agreement. J, X rgaret M. Simok, Esq. 210 Grandview Avenue Suite 102 Camp Hill, PA 17011 J Attorney for Plaintiff i BY THE COURT, ?''. iu ,,,?ohn W. Purcell, Jr., Esq. 1719 N. Front Street Harrisburg, PA 17102 Attorney for Defendant :rc MICHAEL RINSER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : SHANNON LEE DONOFRIO- RINEER, Defendant NO. 08-2475 CIVIL TERM IN RE: PLAINTIFF'S MOTION FOR CONTINUANCE ORDER OF COURT AND NOW, this 26 h day of March, 2009, upon consideration of Plaintiff's Motion for Continuance, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 10 days of service. BY THE COURT, argaret M. Simok, Esq. 210 Grandview Avenue Suite 102 Camp Hill, PA 17011 Attorney for Plaintiff ohn W. Purcell, Jr., Esq. 1719 N. Front Street Harrisburg, PA 17102 Attorney for Defendant :rc f I? Jj esley Oler r., J. John W. Purcell, Jr., Esquire ID #29955 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 jpurcell@pkh.com MICHAEL J. RINEER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-2475 CIVIL TERM SHANNON DONOFRIO-RINEER, CIVIL ACTION - LAW Defendant IN CUSTODY DEFENDANT'S RESPONSE TO PLAINTIFF'S MOTION FOR CONTINUANCE AND NOW, comes Shannon Lee Donofrio, by and through her attorney, John W. Purcell, Jr., who responds to Plaintiffs Motion for Continuance as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Defendant is without knowledge or information sufficient to form a belief as the truth of the averment and strict proof thereof is demanded. In further response, the witnesses that the Defendant is referring to are teachers who the Defendant believes were subpoenaed and present at the previous hearing on March 4th, which was a school day. The hearing on June 1St is at the end of the school year. 6. Admitted. In further response, however, Plaintiff, through counsel, did ask Defendant to concur in the request for the hearing. When asked the reason for the request, Defendant's counsel was initially told that the child had a possible field trip scheduled for that day. It turns out he does not. Counsel was then informed that asking the child to be taken out of school for that day would cause him to miss "fun activities," although Plaintiff had no problem taking the child out of school for the last hearing, for which he was not needed, and at a time when there were no fun activities, causing him to miss regular school work. To date, Counsel for Defendant still has no solid understanding of why a continuance is needed, despite numerous requests, other than the amorphous contention that it is not convenient. Finally, further delay into the summer will simply cause possible problems with the upcoming school year if a decision is not made by that time. The present hearing date is optimal for resolving this matter both for the summer and for the upcoming school year. WHEREFORE, Defendant asks this Honorable Court to deny the request for continuance. Respectfully submitted, KRUG & By: DATE: 6-o7 John W. Purcell, Jr., Esquire 115429955 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney for Defendant CERTIFICATE OF SERVICE I, Kimberly S. DeFalco, Legal Assistant to John W. Purcell, Jr., hereby certify that a true and correct copy of the foregoing document was served upon the Defendant, by sending a copy of the same to counsel via first class U.S. Mail to: Margaret M. Simok, Esquire Maria Cognetti & Associates 210 Grandview Avenue, Ste. 102 Camp Hill, PA 17011-1706 i berly S. D o, Legal Assistant to John W. Purcell, Jr., Esquire PURCELL, KRUG & HALLER I.D. No. 29955 DATE: ?-I 1 -11 09 FILED-CRICE CAF THE IR^ H,r)! OTARY 2009 APR -9 AM 11: 39 I, I MICHAEL RINEER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. SHANNON LEE DONOFRIO- RINEER, Defendant NO. 08-2475 CIVIL TERM IN RE: PLAINTIFF'S MOTION FOR CONTINUANCE ORDER OF COURT AND NOW, this 15'' day of April, 2009, upon consideration of Plaintiff s Motion for Continuance and of Defendant's response thereto, and it appearing from the court's schedule that the next available day for hearing would be August 5, 2009, the motion for a continuance is denied. Xargaret M. Simok, Esq. 210 Grandview Avenue Suite 102 Camp Hill, PA 17011 Attorney for Plaintiff x hn W. Purcell, Jr., Esq. 1719 N. Front Street Harrisburg, PA 17102 a Attorney for Defendant :rc BY THE COURT, ??4? itil 0 2 :P, t48 n 1 88V 6301 111 w t, i t i. %'w 3H,L J MICHAEL J. RINEER IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-2475 CIVIL TERM SHANNON DONOFRIO RINEER Defendant ACTION IN CUSTODY PRAECIPE TO THE PROTHONOTARY: Please withdraw the appearance of Margaret M. Simok, Esquire, of Cognetti & Associates, on behalf of Michael J. Rineer, Plaintiff in the above-captioned custody action, and enter the appearance of Margaret M. Simok, Esquire, of Scaringi & Scaringi, P.C. Date: S -./s- -o 7 Date: S <s-o Respectfully Submitted, fin MargaiWt M. Simok, Esquire Cognetti & Associates 210 Grandview Avenue, Suite 110 Camp Hill, PA 17011 Margar M. Simok, Esquire Scaringi & Scaringi, P.C. 2000 Linglestown Road, Suite 106 Harrisburg, PA 17101 OF THE 2009 MAY 22 W` i i : 0 2 7 t MICHAEL RINSER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. SHANNON LEE DONOFRIO- RINEER, : Defendant NO. 08-2475 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this 8t' day of June, 2009, due to a conflict in the Court's schedule, continuation of the custody hearing previously scheduled for June 1, 2009, is rescheduled to Monday, October 12, 2009, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, .Margaret M. Simok, Esq. 210 Grandview Avenue Suite 102 Camp Hill, PA 17011 Attorney for Plaintiff ./John W. Purcell, Jr., Esq. 1719 N. Front Street Harrisburg, PA 17102 Attorney for Defendant rc o tE,s m?clCCE p FILED -Ut riCE ,, IJT OF THC FP ' H 'ntW?Y 2009 juN - 9 AM I i- 3 3 PENNSYLV/'N'IA MICHAEL RINEER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. SHANNON LEE DONOFRIO- RINSER, Defendant NO. 08-2475 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this 13'' day of October, 2009, upon consideration of Plaintiff's Complaint with respect to custody of the parties' child, Jonas Michael Rineer (d.o.b. April 12, 2000), and it appearing that the parties regard the present case as involving the issue of custody as well of their other child, Lucas Matthew Rineer (d.o.b. August 20, 2008), and following a hearing held on March 4, 2009, and October 12, 2009, it is ordered and directed as follows: 1. The terms of the order dated February 13, 2009, shall remain in full force and effect, except as modified by the following paragraphs: 2. Plaintiff father's periods of temporary or partial physical custody of Lucas Matthew Rineer shall be on alternating weekends from Saturday at noon until Sunday at 5:00 p.m.; provided, that as of January 1, 2010, the father's period of temporary or partial physical custody of Lucas Matthew Rineer shall extend until Monday morning, one out of every two such weekends. These periods of temporary or partial physical custody shall coincide with the father's periods of temporary or partial physical custody of Jonas Michael Rineer; 3. Physical custody of the children on federal holidays shall be alternated between the parties; provided, that Defendant mother shall have physical custody of the children until 3:00 p.m. and Plaintiff father shall have physical custody of the children from 3:00 p.m. until 8:00 p.m. 4. Family counseling shall not be required. 5. Nothing herein shall preclude the parties from deviating from the terms of this order by mutual agreement. Margaret M. Simok, Esq. 210 Grandview Avenue Suite 102 Camp Hill, PA 17011 Attorney for Plaintiff ohn W. Purcell, Jr., Esq. 1719 N. Front Street Harrisburg, PA 17102 Attorney for Defendant :rc f1>1144107 BY THE COURT, FILED- 0 P ?I Y"" 10 TARY 2009 OCT 14 Ptl 1: 557 cu, } n1' !? MICHAEL RINEER, IN THE COURT OF COMMON PLEAS OF. Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW SHANNON LEE DONOFRIO-RINEER, Defendant 08-2475 CIVIL TERM ORDER OF COURT AND NOW, this 12th day of October, 2009, upon consideration of Plaintiff's complaint with respect to custody of the parties' child, Jonas Michael Rineer (date of birth April 12, 2000), and it appearing that the parties regard the present case as involving the issue of custody as well of their other child, Lucas Matthew Rineer (date of birth August 20, 2008), and following a second day of hearing, the record is declared closed and the matter is taken under advisement. By the Court, XMargaret M. Simok, Esquire 210 Grandview Avenue Ste 102 Camp Hill, PA 17011 For the Plaintiff 4/ John W. Purcell, Jr., Esquire 1719 N Front Street Harrisburg, PA 17102 For the Defendant pcb COP t c,15- rr1o7CLL lU?l? f CSj jt 2099 O' C' 6 PH 2, ,v , r r INDEX TO WITNESSES FOR DEFENDANT DIRECT CROSS REDIRECT RECROSS Ronald Bruce Brumley 5 11 12 -- Diane L. Donofrio 13 23 -- -- Shannon Lee Donofrio-Rineer (Continued redirect) -- -- 27 45 FOR PLAINTIFF John Walker Timothy Horan Jodi Lyn Rineer James M. Rineer, Jr. REBUTTAL PLAINTIFF DIRECT CROSS REDIRECT RECROSS 54 58 -- 60 65 67 -- 67 77 -- 81 89 -- -- Michael J. Rineer 94 110 -- -- REBUTTAL PLAINTIFF Shannon Donofrio-Rineer 114 -- -- -- Diane L. Donofrio 117 -- -- -- a r ti'TV 1DIQ ron`1r 19 PM I: Cuv Ud v Y Margaret M. Simok, Esquire SCARINGI & SCARINGI, P.C. 2000 Linglestown Road; Suite 106 Harrisburg, PA 17110 717-657-7770 Mar ag ret(ccScaringilaw.com Attorney for Petitioner/Plaintiff MICHAEL J. RINEER, Petitioner/Plaintiff V. SHANNONLEE DONOFRIO RINEER Respondent/Defendant :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY :CIVIL ACTION - LAW :NO.08-2475 CIVIL TERM :CUSTODY PETITION FOR MODIFICATION OF A CUSTODY ORDER 1. The petition of Michael J. Rineer respectfully represents that on October 13, 2009, a custody Order was entered, a true and correct copy of which is attached hereto as Exhibit A. 2. Petitioner/Plaintiff is Michael J. Rineer, an adult individual currently residing at 8 Hazelwood Path, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. Respondent/Defendant is Shannon Lee Donofrio Rineer, an adult individual currently residing at 309 Briar Ridge Circle, Enola, Cumberland County, Pennsylvania, 17025. $7o•oo PO ATT~/ C,lLi` 113x.9 El a`A371 4. The attached Order should be modified to provide Petitioner/Plaintiff increased periods of partial custody with the youngest child and to provide for a summer vacation arrangement for both parties. WHEREFORE, Petitioner/Plaintiff requests that the Court modify the existing Order because it is in the best interest of the children. Respectfully Submitted, Date: s ? 8 to ?. Marg M. Simok, Esquire SCARINGI & SCARINGI, P.C. 2000 Linglestown Road; Suite 106 Harrisburg, PA 17110 717-657-7770 PA. Supreme Court ID No. 89633 VERIFICATION I, Michael J. Rineer, 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.§4904 relating to unsworn falsification to authorities. Date: S 18 Michael J. veer EXHIBIT A MICHAEL RINSER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. SHANNON LEE DONOFRIO- RINEER, : Defendant NO. 08-2475 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this 13`h day of October, 2009, upon consideration of Plaintiff's Complaint with respect to custody of the parties' child, Jonas Michael Rineer (d.o.b. April 12, 2000), and it appearing that the parties regard the present case as involving the issue of custody as well of their other child, Lucas Matthew Rineer (d.o.b. August 20, 2008), and following a hearing held on March 4, 2009, and October 12, 2009, it is ordered and directed as follows: 1. The terms of the order dated February 13, 2009, shall remain in full force and effect, except as modified by the following paragraphs: 2. Plaintiff father's periods of temporary or partial physical custody of Lucas Matthew Rineer shall be on alternating weekends from Saturday at noon until Sunday at 5:00 p.m.; provided, that as of January 1, 2010, the father's period of temporary or partial physical custody of Lucas Matthew Rineer shall extend until Monday morning, one out of every two such weekends. These periods of temporary or partial physical custody shall coincide with the father's periods of temporary or partial physical custody of Jonas Michael Rineer; 3. Physical custody of the children on federal holidays shall be alternated between the parties; provided, that Defendant mother shall have physical custody of the children until 3:00 p.m. and Plaintiff father shall have physical custody of the children from 3:00 p.m. until 8:00 p.m. 4. Family counseling shall not be required. 5. Nothing herein shall preclude the parties from deviating from the terms of this order by mutual agreement. Margret M. Simok, Esq. 2" Grandview Avenue el- uite 102 Camp Hill, PA 17011 Attorney for Plaintiff John W. Purcell, Jr., Esq. 1719 N. Front Street Harrisburg, PA 17102 Attorney for Defendant : rc VA BY THE COURT, CERTIFICATE OF SERVICE I, Margaret M. Simok, Esquire, do hereby certify that a true and correct copy of the foregoing Petition was served on the following party on the date below via United States Postal Service, Is' class mail, mailed from Harrisburg, Pennsylvania: John W. Purcell, Jr., Esquire Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Date: S -18 -- 4o By zl/? Margaret M. Simok, Esquire Y" MICHAEL J. RINEER PLAINTIFF V. SHANNONLEE DONOFRIO DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-2475 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, _ Monday, May 24, 2010 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, July 01, 2010 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ john j. Mandan, jr., Esq. A 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 T HE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. n _ Cumberland County Bar Association a teas-??! 32 South Bedford Street -; Carlisle, Pennsylvania 17013 elephone (717) 249-3166 C; ? - ' -S o2S/0 f?'-- -r , 7. m y. !;..s MICHAEL J. RINEER Plaintiff v. SHANNON DONOFRIO-RINEER Defendant TO THF. PROTHONOTARY: :IN THE COURT OF COMMON PL~AS ~ _;; :CUMBERLAND COUNTY, PEN ~I,V~IIA-~ ~~ .. -~ _, - ~ _ . • _, , , :NO.08-2475 CIVIL TERM ~'`-' ce.; ':' ~~" :ACTION IN CUSTODY = `~ - s -- . :~ O' ~ -. PRAECIPE ~ Please withdraw the appearance of Margaret M. Simok, Esquire of Scaringi & Scaringi, P.C., on behalf of Michael J. Rineer, Plaintiff in the above-captioned custody action, and enter the appearance of Margaret M. Simok, Esquire of Maria P. Cognetti & Associates. Respectfully Submitted, Date: "7 ~7 -10 Date: `7 d-7 -10 Margar M. Simok, Esquire Scaringi & Scaringi, PC 2000 Linglestown Road; Suite 106 Hamsburg, PA 17110 Attorney I.D. No. 89633 Marga M. Simok, Esquire Maria P. Cognetti & Associates 210 Grandview Avenue, Suite 110 Camp Hill, PA 17011 Attorney I.D. No. 89633 MICHAEL RINSER IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. c~ No. 08-2475 Civil Term _., ;`>~` ,~ ~ ~-F c ~: -+ SHANNON LEE DONOFRIO-RINSER ~ ~ `' ' _' ' :?,' Defendant : ACTION IN CUSTODY -?= ~ ~'' 4' Prior Judge: J. Wesley Oler, Jr., J. _ ' ~ <- =-i ~~ _ COURT ORDER ~ ~ ~ -. AND NOW, this ~ day of August 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. All prior Orders of Court entered in this matter are VACATED and replaced with this Order. 2. Legal custody: The Mother, Shannon Lee Donofrio-Rineer, and the Father, Michael Rineer shall have shared legal custody of Jonas Michael Rineer, born 04/12/2000 and Lucas Rineer, born 08/20/2008. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: Mother and Father shall arrange physical custody of the Children pursuant to a repeating two week schedule as follows: a. Jonas: In week one, Mother shall have custody Monday through Wednesday, Father shall have custody Wednesday through Friday and Mother shall have Friday through Monday morning. In week two, Father shall have custody Monday through Wednesday, Mother shall have custody Wednesday through Friday and Father shall have custody Friday through Monday morning. When school is in session, the receiving parent shall pick Jonas up after school is out and shall put Jonas on the bus at 8:00 am. When there is no school, the exchanges shall occur at 10:00 am. b. Lucas: For the month of July 2010, in week one, Mother shall have custody Monday through Wednesday, Father shall have custody Wednesday through Thursday morning and then Mother shall have custody Thursday through Monday morning. In week two, Father shall have custody of Lucas Monday 5:00 pm until 8:00 pm, Tuesday from 5:00 pm unti18:00 pm, Mother shall have custody from Tuesday evening until Friday, Father shall have custody Friday evening from 5:00 pm unti17:30 pm, Mother shall have custody from Friday evening until noon on Saturday and then Father shall have custody noon on Saturday until Monday morning 8:00 am. c. Lucas: Starting in the month of August 2010, in week one, Mother shall have custody Monday through Wednesday, Father shall have custody Wednesday (08/04/10) through Friday morning and then Mother shall have custody Friday through Monday morning. In week two, Father shall have custody of Lucas Monday 5:00 pm until 8:00 pm, Tuesday from 5:00 pm unti18:00 pm, Mother shall have custody from Tuesday evening until Friday, Father shall have custody Friday evening from 5:00 pm unti17:30 pm, Mother shall have custody from Friday evening until noon on Saturday and then Father shall have custody noon on Saturday until Monday morning 8:00 am. d. Father shall have physical custody of the Children at such other times as the parties may mutually agree. 5. Custody evaluation: The parties have agreed to, and shall, engage in a custody evaluation with a mutually agreed upon professional. The cost of said evaluation shall be split equally between the parties. 6. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. 7. Holidays: The parties shall share and alternate the holidays by agreement. In the absence of agreement, the parties shall adhere to the holiday schedule as attached. 8. Vacation: Each parent shall have seven consecutive days (one week) of vacation with the Children per year. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. Mother has already notified Father of her scheduled vacation week commencing Saturday August 14, 2010. 9. The parties have agreed to, and shall, cooperate with each other to procure the Children's passports. 10. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 11. In the event of a medical emergency, the custodial party shall notify the other parties as soon as possible after the emergency is handled. 12. Right of first refusal: In the event that the custodial parent shouldrequire acare- taker/babysitter for the Children a period of time in excess of three hours, the custodial party shall first offer said opportunity to the non-custodial parent. 13. During any periods of custody or visitation, the parties shall not possess or use controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 14. Within ninety days of the instant Order, or after the custody evaluation has been completed and issued with recommendations in regard to the physical custody of the Children, the parties are authorized to contact the assigned conciliator directly to schedule a conciliation conference. 15. The parties may modify this Order by mutual agreement in writing. In the absence of mutual consent, the terms of this Order shall control. ~i~s'tribution: l~e[rgaret Simok, Esq. ,/John Purcell, Jr., Esq. ~hn J. Mangan, Esq. ~ ~~ ~~ ~ ~ s ~~~a ~~ nv ~ru~ nnT ro T TIlISES EVEN ODD HOLIDAYS AND YEARS YEARS SPECIAL DAYS Easter Da 1 Half From 9 am until 3 Father Mother Easter Da 2 Half From 3 until 9 Mother Father Memorial Da From 9 am until 9 m Mother Father Ind ence Da From 4 am until 9 m Father Mother Labor Da From 9 am until 9 Mother Father Halloween From one hour before trick or Father Mother treating to one hour after trick or Thanksgiving 1 From 8 am Thanksgiving Day to 2 Father Mother Half on 'vin Da Thanksgiving 2 From 2 pm on Thanksgiving Day to Mother Father half noon the da after Thanks ' Da Christmas 1 Half From noon on 12/24 to noon on Father Mother 12/25 Christmas 2 Half From noon on 12/25 to noon on Mother Father 12/26 New Year's From 5 pm 12/31 until noon January Mother Father 1 ~` (with the 12/31 year to control the . even/odd determination Mother's Da From 9 am until 4 m Mother Mother Father's Da From 9 am until 9 m Father Father JOnas' Re~ilar Physical Cnstodv Schedule (l~dad M=mnm1 Monda Tuesda Wedr~esda. Thursda. Frida Saturda Sunda D M M M D D D M M M M D D D M M M D D D Jaly 2010 Lucas' Re~nler Phvsicgl C'n~tuiv Rrhntlnln li~.i~d M=........~ Monda Tuesda Wednesda Thursda Frida Saturda Sunda D M M M D D M M M M M D M D M M M D M D D Angast 2010 Laces' Regahr Physical Custndv ~h.~xinle «~~ ~r=...~...~ Monde Tuesda Wednesda Thursda Frida Saturda Sunda D M M M D D D M M M M D M D M M M D M D D MICHAEL RINSER v. IN. THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA SHANNON LEE DONOFRIO-RINSER Defendant Prior Judge: J. Wesley Oler, Jr., J. No. 08-2475 Civil Term ACTION 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: Name Date of Birth Currently in the Custody of Jonas Michael Rineer 04/12/2000 Mother and Father Lucas Rineer 08/20/2008 Primary Mother 2. A Conciliation Conference was held on December 04, 2008, an Order issued December 12, 2008, a status conference was held January 26, 2009, an Order issued February 13, 2009, hearings were held March 04, 2009 and October 12, 2009, as Order issued October 13, 2009, a conciliation conference was held July Ol, 2010 with the following individuals participating: The Mother, Shannon Lee Donofrio-Rineer, with her counsel John Purcell, Jr., Esq. The Father, Michael Rineer, with his counsel, Margaret Simok, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date: ~~ John g n, Esquire Cult y onciliator 0 MICHAEL RINEER V. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA SHANNON LEE DONOFRIO-RINEER Defendant Prior Judge: J. Wesley Oler, Jr., J. No. 08-2475 Civil Term N ACTION IN CUSTODY e Z cra ?l COURT ORDER =r' AND NOW, this o day of January 2011, upon consideration of theme attached Custody Conciliation Report, it is ordered and directed that: 1. All prior Orders of Court entered in this matter are VACATED and replaced with this Order. 2. Legal custody: The Mother, Shannon Lee Donofrio-Rineer, and the Father, Michael Rineer shall have shared legal custody of Jonas Michael Rineer, born 04/12/2000 and Lucas Rineer, born 08/20/2008. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: Mother and Father shall arrange physical custody of the Children pursuant to a repeating two week schedule as follows: a. Jonas: In week one, Mother shall have custody Monday through Wednesday, Father shall have custody Wednesday through Friday and Mother shall have Friday through Monday morning. In week two, Father shall have custody Monday through Wednesday, Mother shall have custody Wednesday through Friday and Father shall have custody Friday through Monday morning. When school is in session, the receiving parent shall pick Jonas up after school is out and shall put Jonas on the bus at 8:00 am. When there is no school, the exchanges shall occur at 10:00 am. c? CD t CD C' ?, CD b. Lucas: In week one, Mother shall have custody Monday through Wednesday, Father shall have custody Wednesday through Friday morning and then Mother shall have custody Friday through Monday morning. In week two, Father shall have custody of Lucas Monday 5:00 pm until 8:00 pm, Tuesday from 5:00 pm until 8:00 pm, Mother shall have custody from Tuesday evening until Friday, then Father shall have custody Friday evening from 5:00 pm until Monday morning 8:00 am. When there is no school, the exchanges shall occur at 10:00 am. C. Father shall have physical custody of the Children at such other times as the parties may mutually agree. 4. Custody evaluation: The parties have agreed to, and shall, engage in a custody evaluation with a mutually agreed upon professional. The cost of said evaluation shall be split equally between the parties. 5. Within ten (10) days of today's date, Father has agreed to, and shall, cooperate in obtaining the Children's passports. Each parent shall equal access to the passports of the Children. 6. Counseling: The parents have agreed to, and shall, within ten (10) days of today's date exchange names of therapeutic family counselors and mutually select an appropriate professional. 7. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. 8. Holidays: The parties shall share and alternate the holidays by agreement. In the absence of agreement, the parties shall adhere to the holiday schedule as attached. 9. Vacation: Each parent shall have seven consecutive days (one week) of vacation with the Children per year. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 10. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 11. In the event of a medical emergency, the custodial party shall notify the other parties as soon as possible after the emergency is handled. 12. Right of first refusal: In the event that the custodial parent should require a care- taker/babysitter for the Children a period of time in excess of three hours, the custodial party shall first offer said opportunity to the non-custodial parent. 13. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 14. The parties may modify this Order by mutual agreement in writing. In the absence of mutual consent, the terms of this Order shall control. Distribution: "Margaret Simok, Esq. 'John Purcell, Jr., Esq. 'John J. Mangan, Esq. atd oopo IIa'II 1A9 rnm =rn U) r- ?n Ca Cl) 0 N d C_ s ze rv MC N co O -n r? "Orn m C) 1 =° C °rn BY THE COURT, HOLIDAYS AND SPECIAL DAYS TIMES EVEN YEARS ODD YEARS Easter Da 1St Half From 9 am until 3 m Father Mother Easter Day 2n Half From 3 m until 9 m Mother Father Memorial Day From 9 am until 9 m Mother Father Independence Day From 9 am until 9 m Father Mother Labor Day From 9 am until 9 m Mother Father Halloween From one hour before trick or treating to one hour after trick or treating Father Mother Thanksgiving 1St Half From 8 am Thanksgiving Day to 2 m on Thanksgiving Day Father Mother Thanksgiving 2° half From 2 pm on Thanksgiving Day to noon the day after Thanksgiving Da Mother Father Christmas 1St Half From noon on 12/24 to noon on 12/25 Father Mother Christmas 2" Half From noon on 12/25 to noon on 12/26 Mother Father New Year's From 6 pm 12/31 until noon January 1St (with the 12/31 year to control the even/odd determination) Mother Father Mother's Day I From 9 am until 9 m Mother Mother Father's Day From 9 am until 9 m Father Father Jonas' Regular Phvsical Custody Schedule to=dad M=mnml Monday Tuesday Wednesday Thursday Friday Saturday Sunday D M M M D D D M M M M D D D M M M D D D Lucas' Regular Physical Custody Schedule m=dad M=mnmi Monday Tuesday Wednesday Thursday Friday Saturday Sunday D M M M D D D M M M M D M D M M M D D D MICHAEL RINEER V. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA SHANNON LEE DONOFRIO-RINEER Defendant Prior Judge: J. Wesley Oler, Jr., J. No. 08-2475 Civil Term : ACTION 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: The pertinent information pertaining to the children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Jonas Michael Rineer 04/12/2000 Mother and Father Lucas Rineer 08/20/2008 Mother and Father 2. A Conciliation Conference was held on December 04, 2008, an Order issued December 12, 2008, a status conference was held January 26, 2009, an Order issued February 13, 2009, hearings were held March 04, 2009 and October 12, 2009, an Order issued October 13, 2009, a conciliation conference was held July 01, 2010, an Order issued August 04, 2010 and a conference was held January 08, 2011 with the following individuals participating: The Mother, Shannon Lee Donofrio-Rineer, with her counsel John Purcell, Jr., Esq. The Father, Michael Rineer, with his counsel, Margaret Simok, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date: Z Jo J. angan, Esquir Cu od Conciliator MARIA P. C GNETTI & ASSOCIATES MARGARET M. SIMOK, ESQUIRE Attorney I.D. o. 89633 210 Grandview Avenue, Suite 102 Camp Hill. P 17011 (717) 909-406 Email: msimo la7coenettilaw.com MICHAEL ?. RINSER, Petitioner/Plaintiff V. LEE DONOFRIO-RINSER, Respondent/Defendant C ? 0 'n .V _ -_ W zrn S cis o ° C x 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 08-2475 CIVIL ACTION - LAW IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDER NOW, comes Petitioner/Plaintiff, Michael J. Rineer, by and through his attorney, Margaret M? Simok, Esquire, and files the following Petition for Modification of Custody Order and in suppdrt thereof avers as follows: 1. ( Petitioner/Plaintiff is Michael J. Rineer, an adult individual currently residing at 8 Hazelwood Path, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. ( Respondent/Defendant is Shannon Lee Donofrio-Rineer, an adult individual currently rending at 309 Briar Ridge Circle, Enola, Cumberland County, Pennsylvania, 17025. 3. I A Custody Order was entered on January 20, 2011, a true and correct copy of which is attached hereto as Exhibit "A". 4. The attached Custody Order should be modified in the best interest of the children to provide tl?e parties with shared physical custody of both children. ,170-00 r"'47 Ott vf3 JZ?,? X36 7 Petitioner/Plaintiff respectfully requests that this Honorable Court modify the ?xisting order because it is in the best interest of the children to be together and to spend an equal amount of time with both parents. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: July 1 2011 By: MARG T M. SIMOE, ESQUIRE Attorney I.D. No. 89633 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Petitioner/Plaintiff MICHAEL RINEER IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA : No. 08-2475 Civil Term SHANNON LEE DONOFRIO-RINEER Defendant : ACTION IN CUSTODY Prior Judge: J. Wesley Oler, Jr., J. COURT ORDER ,ND NOW, this &0A day of January 2011, upon consideration of the Custody Conciliation Report, it is ordered and directed that: 1. tll prior Orders of Court entered in this matter are VACATED and replaced with is Order. 2. e al custod : The Mother, Shannon Lee Donofrio-Rineer, and the Father, Michael Rineer shall have shared legal custody of Jonas Michael Rineer, born 4/12/2000 and Lucas Rineer, born 08/20/2008. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general ell-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 all be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the sidence 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 r uired to share the same, or copies thereof, with the other parent within such r asonable time as to make the records and information of reasonable use to the ther parent. 3. h sical Custod : Mother and Father shall arrange physical custody of the Children pursuant to a repeating two weep schedule as follows: a. Jonas: In week one, Mother shall have custody Monday through Wednesday, Father shall have custody Wednesday through Friday and Mother shall have Friday through Monday morning. In week two, Father shall have custody Monday through Wednesday, Mother shall have custody Wednesday through Friday and Father shall have custody Friday through Monday morning. When school is in session, the receiving parent shall pick Jonas up after school is out and shall put Jonas on the bus at 8:00 am. When there is no school, the exchanges shall occur at 10:00 am. b. Lucas: In week one, Mother shall have custody Monday through Wednesday, Father shall have custody Wednesday through Friday morning and then Mother shall have custody Friday through Monday morning. In week two, Father shall have custody of Lucas Monday 5:00 pm until 8:00 pm, Tuesday from 5:00 pm until 8:00 pm, Mother shall have custody from Tuesday evening until Friday, then Father shall have custody Friday evening from 5:00 pm until Monday morning 8;00 am. When there is no school, the exchanges shall occur at 10:00 am. C. Father shall have physical custody of the Children at such other times as the parties may mutually agree. 4. ustod evaluation: The parties have agreed to, and shall, engage in a custody aluation with a mutually agreed upon professional. The cost of said evaluation all be split equally between the parties. 5. ithin ten (10) days of today's date, Father has agreed to, and shall, cooperate in btaining the Children's passports. Each parent shall equal access to the assports of the Children. 6. Counseling: The parents have agreed to, and shall, within ten (10) days of today's ate exchange names of therapeutic family counselors and mutually select an appropriate professional. 7. he non-custodial parent shall have liberal telephone contact with the Children on Ireasonable basis. 8. olidays: The parties shall share and alternate the holidays by agreement. In the sence of agreement, the parties shall adhere to the holiday schedule as attached. 9. Vacation: Each parent shall have seven consecutive days (one week) of vacation with the Children per year. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule V 11?±?(?+YCt i1? ?r.fter. LiV .1 o-tiCV Jf 11Kall 11 1a 1.aT?ii the l 11ii1? vacations, the party first providing Yrtai.V.Jaa t1., aL: tt11.J i??+' f vacation. Prior to departure, the parties will provide each other with ffiformation regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this acation time by mutual agreement. 10. either party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural evelopment of the Children's love or affection for the other party. To the extent Te ssible, both parties shall not allow third parties to disparage the other parent in presence of the Children. 11. 11 the event of a medical emergency, the custodial party shall notify the other parties as soon as possible after the emergency is handled. 12. Right of first refusal: In the event that the custodial parent should require a care- t er/babysitter for the Children a period of time in excess of three hours, the stodial party shall first offer said opportunity to the non-custodial parent. 13. During any periods of custody or visitation, the parties shall not possess or use i legal substances or consume/be under the influence of alcoholic beverages to the oint of intoxication. The parties shall likewise assure, to the extent possible, that her household members and/or house guests comply with this provision. 14. parties may modify this Order by mutual agreement in writing. In the nce of mutual. consent, the terms of this Order shall control. BY THE COURT, g LS I I J-W* a #1 1 \111 J. John R John J. Simok, Esq. ell, Jr., Esq. angan, Esq. TRUE COPY FROM.RECORD In Testimony whereof, l here unto set my hand and the seal of, said Cou at Carlisle. a._._- do SO\ 2 T -A P. y of bpk? prothonotary V HOLI AYS AND TIMES EVEN ODD SPEC AL DAYS YEARS YEARS Easter a 1St Half From 9 am until 3 m Father Mother Easter g ay 2n Half From 3 pm until 9 m Mother Father Memori 1 Day From 9 am until 9 pm Mother Father Indepen fence Day From 9 am until 9 m Father Mother Labor D ay From 9 am until 9 pm Mother Father Hallowe en From one hour before trick or Father Mother treating to one hour after trick or treating Thanksg iving 1St From 8 am Thanksgiving Day to 2 Father Mother Half m on Thanksgiving Day Thanksg iving 2n From 2 pm on Thanksgiving Day to Mother Father half noon the day after Thanksgiving Day Christm as 1St Half From noon on 12/24 to noon on Father Mother 12/25 Christm as 2n Half From noon on 12/25 to noon on Mother Father 12/26 New Ye ar's From 6 pm 12/31 until noon January Mother Father 1St (with the 12/31 year to control the even/odd determination) Mother' Day From 9 am until 9 m Mother Mother Father's Day From 9 am-until 9 m Father Father Jonas' Regular Physical Custodv Schedule (D=dad M=mom) Monday Tuesday Wednesday Thursday Frida Saturday Sunday D M M D D D M M M M D D D M M M D D D Lucas' Regular Phvsical Custodv Schedule (D=dad M=mom) Monday Tuesday Wednesday Thursday Friday Saturday Sunday D M M D D D M M M M 1 1 ) M D M M M D D D RINEER Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 08-2475 Civil Term S LEE DONOFRIO-RINEER Defendant : ACTION IN CUSTODY Prior J report: 1. 2 3 Date: J. Wesley Oler, Jr., J. CONCILIATION CONFERENCE SUMMARY REPORT ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF JRE 1915.3-8(B), the undersigned Custody Conciliator submits the following Date of Birth Currently in the Custody of Michael Rineer 04/12/2000 Mother and Father Rineer 08/20/2008- Mother and Father The pertinent information pertaining to the children who are the subject of this litigation is as follows: A Conciliation Conference was held on December 04, 2008, an Order issued December 12, 2008, a status conference was held January 26, 2009, an Order issued February 13, 2009, hearings were held March 04, 2009 and October 12, 2009, an Order issued October 13, 2009, a conciliation conference was held July 01, 2010, an Order issued August 04, 2010 and a conference was held January 08, 2011 with the following individuals participating: Mother, Shannon Lee Donofrio-Rineer, with her counsel John Purcell, Jr., Esq. Father, Michael Rineer, with his counsel, Margaret Simok, Esq. The parties agreed to the entry of an Order in the form as attached. Jo J Y . angan, Esquire Cu od t VERIFICATION I, J. Rineer, 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 Ito authorities. DATE -- 11 Michael J. Rineer CERTIFICATE OF SERVICE I, Margaret M. Simok, Esquire, hereby certify that on this date, I served a true and correct copy of the foregoing Petition for Modification of Custody Order at the addresses indicated below: John W. Purcell, Jr., Esq. Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 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 MARIA P. COGNETTI & ASSOCIATES Date: July l 7 2011 By: MARG IT M. SIMOK, ESQUIRE Attorney I. D. No. 89633 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Petitioner/Plaintiff MICHAEL J. RINSER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V . 2008-2475 CIVIL ACTION LAW v e =-.n rn M r --om SHANNON LEE DONOFRIO-RINEER A ?p IN CUSTODY - DEFENDANT fG .? -n i;„C W H"M ORDER OF COURT AND NOW, _ _ Wednesday, July 06, 2011 upon consideration of the attached Co mplai nt, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, August 17, 2011 at 9:00 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/ John f Mangan, Jr., 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 ?,?? Cb ??t•%p?/ .?j ?y SiY)!t}tL 'T'elephone (717) 249-3166 *C- 0) MICHAEL RINEER Plaintiff V. SHANNON LEE DONOFRIO-RINEER Defendant Prior Judge: J. Wesley Oler, Jr., J. IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 08-2475 Civil Term ACTION IN CUSTODY c -? 3 rnm :Cr,n z= (At- {Q a c:) COURT ORDER v? x N to rn -o N z 0 c? rnr= -"rn ?aQ acD =-n C:)-n E5 c5n rn AND NOW, this 31,5t day of August 2011, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. All prior Orders of Court entered in this matter are VACATED and replaced with this Order. 2. Legal custody: The Mother, Shannon Lee Donofrio-Rineer, and the Father, Michael Rineer shall have shared legal custody of Jonas Michael Rineer, born 04/12/2000 and Lucas Rineer, born 08/20/2008. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Physical Custody: Mother and Father shall share physical custody of the Children pursuant to a repeating two week schedule (2/2/3) as follows: a. Lucas and Jonas: In week one, Mother shall have custody Monday through Wednesday, Father shall have custody Wednesday through Friday and Mother shall have Friday through Monday morning. In week two, Father shall have custody Monday through Wednesday, Mother shall have custody Wednesday through Friday and Father shall have custody Friday through Monday morning. When school is in session, the receiving parent shall pick Jonas up after school is out and shall put Jonas on the bus at 8:00 am. When there is no school, the exchanges shall occur at 10:00 am. b. When the Children are in each parent's respective custody, that parent may obtain child care of their own choosing, whether it is day care or family members. However, if either parent is not able to care for the Children for a period of time up to 48 hours or more, the available parent shall have the option of caring for the Children for this time. C. The parents may alter this schedule by agreement of the parties. 4. Counseling: The parents have agreed to, and shall, within ten (10) days of today's date exchange names of therapeutic family counselors and mutually select an appropriate professional. The parents shall continue in counseling until there is a recommendation by the counselor to cease services. 5. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. In the absence of agreement, the non-custodial parent may contact the Children at least once per day and any missed calls shall be returned promptly. 6. Holidays: The parties shall share and alternate the holidays by agreement. In the absence of agreement, the parties shall adhere to the holiday schedule as attached. 7. Vacation: Each parent shall have seven consecutive days (one week) of vacation with the Children per year. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 8. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 9. In the event of a medical emergency, the custodial party shall notify the other parties as soon as possible after the emergency is handled. 10. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 11. The parties may modify this Order by mutual agreement in writing. In the absence of mutual consent, the terms of this Order shall control. Distribution: ? Margaret Simok, Esq. John Purcell, Jr., Esq. / John J. Mangan, Esq. ?/(p,i lei Copy l??r 1 HOLIDAYS AND SPECIAL DAYS TIMES EVEN YEARS ODD YEARS Easter Day 1St Half From 9 am until 3 m Father Mother Easter Da 2n Half From 3 m until 9 m Mother Father Memorial Day From 9 am until 9 m Mother Father Independence Da From 9 am until 9 m Father Mother Labor Day From 9 am until 9 m Mother Father Halloween From one hour before trick or treating to one hour after trick or treating Father Mother Thanksgiving 1St Half From 8 am Thanksgiving Day to 2 m on Thanks 'vin Day Father Mother Thanksgiving 2° half From 2 pm on Thanksgiving Day to noon the day after Thanksgiving Day Mother Father Christmas 1St Half From noon on 12/24 to noon on 12/25 Father Mother Christmas 2n Half From noon on 12/25 to noon on 12/26 Mother Father New Year's From 6 pm 12/31 until noon January 1St (with the 12/31 year to control the even/odd determination) Mother Father Mother's Day From 9 am until 9 pm Mother Mother Father's Day From 9 am until 9 m Father Father Jonas' and Lucas' Regular Physical Custody Schedule (D=dad M=mom) Monday Tuesday Wednesda Thursday Friday Saturday Sunday D M M M D D D M M M M D D D M M M D D D DV TT-TIC rnT TDT MICHAEL RINEER V. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA SHANNON LEE DONOFRIO-RINEER Defendant Prior Judge: J. Wesley Oler, Jr., J. : No. 08-2475 Civil Term : ACTION 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: The pertinent information pertaining to the children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Jonas Michael Rineer 04/12/2000 Mother and Father Lucas Rineer 08/20/2008 Mother and Father 2. A Conciliation Conference was held on December 04, 2008, an Order issued December 12, 2008, a status conference was held January 26, 2009, an Order issued February 13, 2009, hearings were held March 04, 2009 and October 12, 2009, an Order issued October 13, 2009, a conciliation conference was held July 01, 2010, an Order issued August 04, 2010, a conference was held January 08, 2011, an Order issued January 20, 2011 and a confer4ence was held August 18, 2011 with the following individuals participating: The Mother, Shannon Lee Donofrio-Rineer, by self but represented by her counsel John Purcell, Jr., Esq. The Father, Michael Rineer, with his counsel, Margaret Simok, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date: Z l John . M gan, Esquire Cus dy onciliator COGNETTI & ASSOCIATES MARGARET M. SIMOK, ESQUIRE Attorney I.D. No. 89633 3304 Market Street Camp Hill. PA 17011 (717) 909-4060 Attorney for Petitioner/Plaintiff MICHAEL J. RINEER, Petitioner/Plaintiff v. p_otrp r, 1-1101:10t':t4 1) y 2014AU 1:53 CLINBEi?L ND C 0 LIN T 't' PENNSYLVANIA : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-2475 SHANNON LEE DONOFRIO-RINEER, : CIVIL ACTION - LAW Respondent/Defendant : IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW, comes Petitioner/Plaintiff, Michael J. Rineer, by and through his attorney, Margaret M. Simok, Esquire, and files the following Petition for Modification of Custody Order and in support thereof avers as follows: 1. Petitioner/Plaintiff is Michael J. Rineer, an adult individual currently residing at 8 Hazelwood Path, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. Respondent/Defendant is Shannon Lee Donofrio-Rineer, an adult individual currently residing at 4715 Laurel Valley Lane, Enola, Cumberland County, Pennsylvania, 17025. 3. The parties are the natural parents of two (2) children, namely Jonas Michael Rineer (born 2000), and Lucas Matthew Rineer (born 2008). 4. The relationship of Petitioner to the children is that of the Father. 5. The relationship of Respondent to the children is that of the Mother. 6. A Custody Order was entered on January 20, 2011, a true and correct copy of OUtt.-1- 6 83' 64) i(--41 31,S 9 1/,is which is attached hereto as Exhibit "A". custody. 7. Pursuant to said Order, the parties have shared legal custody and shared physical 8. Petitioner believes and avers that it is in the best interest of the older child, Jonas Michael Rineer, for Petitioner to have primary physical custody. 9. Petitioner's Criminal Record / Abuse History Verification is being filed concurrently with this petition. WHEREFORE, Petitioner respectfully requests this Honorable Court grant him primary physical custody of Jonas Michael Rineer. Date: August 28, 2014 By: Respectfully Submitted: COGNETTI & ASSOCIATES MARGAT M. SIMOK, ESQUIRE Attorney I.D. No. 89633 3304 Market Street Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Petitioner/Plaintiff CERTIFICATE OF SERVICE I, Margaret M. Simok, Esquire, hereby certify that on this date, I served a true and correct copy of the foregoing Petition for Modification of Custody Order at the address indicated below: Service by: John W. Purcell, Jr., Esquire Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 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: August 28, 2014 By: l A -/r MARGRGA T M. SIMOK, ESQUIRE Attorney I.D. No. 89633 3304 Market Street Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Petitioner/Plaintiff EXHIBIT q MICHAEL RINEER : IN THE COURT OF COMMON PLEAS Plaintiff ' : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 08-2475 Civil Term SHANNON LEE DONOFRIO-RINEER . Defendant : ACTION IN CUSTODY Prior Judge: J. Wesley Oler, Jr., J. COURT ORDER AND NOW, this 3Ist day of August 2011, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. All prior Orders of Court entered in this matter are VACATED and replaced with this Order. 2. Legal custody: The Mother, Shannon Lee Donofrio-Rineer, and the Father, Michael Rineer shall have shared legal custody of Jonas Michael Rineer, born 04/12/2000 and Lucas Rineer, born 08/20/2008. The parties shall have an equal right to make all major non -emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: Mother and Father shall share physical custody of the Children pursuant to a repeating two week schedule (2/2/3) as follows: a. Lucas and Jonas: In week one, Mother shall have custody Monday through Wednesday, Father shall have custody Wednesday through Friday and Mother shall have Friday through Monday morning. In week two, Father shall have custody Monday through Wednesday, Mother shall have custody Wednesday through Friday and Father shall have custody Friday through Monday morning. When school is in session, the receiving parent shall pick Jonas up after school is out and shall put Jonas on the bus at 8:00 am. When there is no school, the exchanges shall occur at 10:00 am. b. When the Children are in each parent's respective custody, that parent may obtain child care of their own choosing, whether it is c. day care or family members. However, if either parent is not able to care for the Children for a period of time up to 48 hours or more, the available parent shall have the option of caring for the Children for this time. The parents may alter this schedule by agreement of the parties. 4. Counseling: The parents have agreed to, and shall, within ten (10) days of today's date exchange names of therapeutic family counselors and mutually select an appropriate professional. The parents shall continue in counseling until there is a recommendation by the counselor to cease services. 5. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. In the absence of agreement, the non-custodial parent may contact the Children at least once per day and any missed calls shall be returned promptly. 6. Holidays: The parties shall share and alternate the holidays by agreement. In the absence of agreement, the parties shall adhere to the holiday schedule as attached. 7. Vacation: Each parent shall have seven consecutive days (one week) of vacation with the Children per year. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 8. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 9. In the event of a medical emergency, the custodial party shall notify the other parties as soon as possible after the emergency is handled. 10. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 11. The parties may modify this Order by mutual agreement in writing. In the absence of mutual consent, the terms of this Order shall control. Distribution: • Margaret Simok, Esq. John Purcell, Jr., Esq. John J. Mangan, Esq. BY THE COURT, is) J I Desii: TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the se I of said Court at Carlisle, Pa. This c2 da of4f 200 L3 Prothonotary HOLIDAYS AND SPECIAL DAYS TIMES EVEN YEARS ODD YEARS Easter Day lsi Half From 9 am until 3 pm Father Mother Easter Day 2nd Half From 3 pm until 9 pm Mother Father Memorial Day From 9 am until 9 pm Mother Father Independence Day From 9 am until 9 pm Father * Mother Labor Day From 9 am until 9 pm Mother Father Halloween From one hour before trick or treating to one hour after trick or treating Father Mother Thanksgiving ls` Half - From 8 am Thanksgiving Day to 2 pm on Thanksgiving Day Father Mother Thanksgiving 2nd half • From 2 pm on Thanksgiving Day to noon the day after Thanksgiving Day Mother Father Christmas lHalf From noon on 12/24 to noon. on 12/25 Father Mother Christmas 2nd Half From noon on 12/25 to noon on 12/26 'Mother Father New Year's From 6 pm 12/31 until noon Januaiy lst (with, the 12/31 year to control the even/odd determination) Mother Father Mother's Day From 9 am until 9 pm Mother Mother Father's Day From 9 am until 9 pm . Father Father Jonas' and Lucas' Reaiilar PIv'it'l CittnrIu (fl—A.,1 Monday Tuesday _ _ Wednesday ., ____ —...„....T Thursday ..,,.....,....... Friday .1.0--uau ivi-1110111) Saturday Sunday D M M. M D D , D M M M M D D D M M M D D D MICHAEL RINEER : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 08-2475 Civil Term SHANNON LEE DONOFRIO-RINEER . Defendant : ACTION IN CUSTODY Prior Judge: "J. Wesley Oler, Jr., J. 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: Name Date of Birth Currently in the Custody of Jonas Michael Rineer 04/12/2000 Mother and Father Lucas Rineer 08/20/2008 Mother and Father 9. A Conciliation Conference was held on December 04, 2008, an Order issued December 12, 2008, a status conference was held January 26, 2009, an Order issued February 13, 2009, hearings were held March 04, 2009 and October 12, 2009, an Order issued October 13, 2009, a conciliation conference was held July 01, 2010, an Order issued August 04, 2010, a conference was held January 08, 2011, an Order issued January 20, 2011 and a confer4ence was held August 18, 2011 with the following individuals participating: The Mother, Shannon Lee Donofrio-Rineer, by self but represented by her counsel John Purcell, Jr., Esq. The Father, Michael Rineer, with his counsel, Margaret Simok, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date: • �" Ll ( / // - ---� John �' igan Es uire ��� � q / Cus dviConciliator VERIFICATION I, MICHAEL J. RINEER, 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: $-a�-�y MICHAEL J. RINEER COGNETTI & ASSOCIATES MARGARET M. SIMOK, ESQUIRE Attorney I.D. No. 89633 3304 Market Street Camp Hill, PA 17011 Telephone No. (717) 909-4060 Email: msimok@cognettilaw.com Attorney for Plaintiff MICHAEL RINEER, Plaintiff v. OF THE P,; u HONG 14 F?211I4 AUG 29 PN j: Si, CUMBERLAND COUNTY PENNSYLVANIA ENNSY[V NIA : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 08-2475 SHANNON LEE DONOFRIO-RINEER, : CIVIL ACTION — LAW Defendant : IN CUSTODY CRIMINAL RECORD / ABUSE HISTORY VERIFICATION I, Michael Rineer, 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 all that apply Crime Self Other household member Date of conviction, guilty plea, no contest plea or pending charges Sentence ❑ 18 Pa.C.S. Ch. 25 (relating to criminal homicide) ❑ ❑ 18 Pa.C.S. §2702 (relating to aggravated assault) ❑ ❑ ■ 1 ❑ 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 (relating to indecent exposure) ■ ■ ■ 18 Pa.C.S. §3129 (relating to sexual ❑ ■ 2 3 intercourse with animal) • 18 Pa.C.S. §3130 (relating to conduct relating to sex offenders) El El 0 18 Pa.C.S. §3301 (relating to arson and related offenses) 0 18 Pa.C.S. §4302 (relating to incest) 0 18 Pa.C.S. §4303 (relating to concealing death of child) 0 18 Pa.C.S. §4304 (relating to endangering welfare of children) LI El 0 18 Pa.C.S. §4305 (relating to dealing in infant children) Li El • 18 Pa.C.S. §5902(b) (relating to prostitution and related offenses) El 0 • 18 Pa.C.S. §5903(c) or (d)(relating to obscene and other sexual materials and performances) El El 0 18 Pa.C.S. §6301 (relating to corruption of minors) El 0 El 18 Pa.C.S. §6312 (relating to sexual abuse of children) Li 18 Pa.C.S. §6318 (relating to unlawful contact with minor) LI CI El 18 Pa.C.S. §6320 (relating to sexual El 0 3 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, or involvement with a Children & Youth Agency, including the following: Check all that apply exploitation of children) Self Other household member Date • • 18 Pa.C.S. §6114 (relating to contempt for violation of protection order or agreement) ■ ❑ • • Driving under the influence of drugs or alcohol ❑ ❑ o Manufacture, sale, delivery, holding, offering for sale or possession of any controlled substance or other drug or device ❑ o • ■ Other: ■ 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, or involvement with a Children & Youth Agency, including the following: Check all that apply Self Other household member Date • 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 ❑ ■ o Involvement with a Children & Youth Agency or similar agency in Pennsylvania or another jurisdiction. Where: o o ■ Other: ■ ■ 4 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: None 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. No 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. Date: Michael Rineer 5 MICHAEL J. RINEER PLAINTIFF V. SHANNON LEE DONOFRIO-RINEER DEFENDANT C) C ---- IN THE COURT OF COMMON PLEAS OF .3: CUMBERLAND COUNTY, PENNSYLVA r= t cn -4 2008-2475 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT W AND NOW, Wednesday, September 03, 2014 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, September 23, 2014 9:00 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/ John J. Mangan, Jr., Ely./ 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. 610/ el /8//"J ,Si41ok, Fst. ifi/d 4 eft Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MICHAEL RINEER : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA • v. : No. 08-2475 Civil Term SHANNON LEE DONOFRIO-RINEER : Defendant : ACTION IN CUSTODY Prior Judge: J. Wesley Oler, Jr., J. COURT ORDER AND NOW, this /.-t day of October 2014,upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. All prior Orders of Court entered in this matter are VACATED and replaced with this Order. 2. Legal custody: The Mother, Shannon Lee Donofrio-Rineer, and the Father, Michael Rineer shall have shared legal custody of Jonas Michael Rineer, born 04/12/2000 and Lucas Rineer, born 08/20/2008. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: Mother and Father shall share physical custody of the Children pursuant to a week on/week off basis as follows: a. Absent agreement otherwise or further Order of Court, the parents shall each have custody of the boys week on/week off from Monday until the following Monday with the exchanges being at school. When there is no school, the exchanges shall occur at 10:00 am. b. During each parent's "off week" that parent shall have the option to have custody of the Children on Wednesday from after school until 7 pm if there are no scheduled activities. c. When the Children are in each parent's respective custody, that parent may obtain child care of their own choosing, whether it is day care or family members. However, if either parent is not able to care for the Children for a period of time up to 48 hours or more, the available parent shall have the option of caring for the Children for this time. d. The parents may alter this schedule by agreement of the parties. 4. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. In the absence of agreement, the non-custodial parent may contact the Children at least once per day and any missed calls shall be returned promptly. 5. Holidays: The parties shall share and alternate the holidays by agreement. In the absence of agreement, the parties shall adhere to the holiday schedule as attached. 6. Vacation: Each parent shall have seven consecutive days (one week) of vacation with the Children per year to be taken over their respective regular custodial weeks. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 7. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible,both parties shall not allow third parties to disparage the other parent in the presence of the Children. 8. In the event of a medical emergency, the custodial party shall notify the other parties as soon as possible after the emergency is handled. 9. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 10. Relocation. The parties are advised that neither party shall hereafter relocate the child or children if such relocation will significantly impair the ability of a non- relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the child/children consents to the proposed relocation or(b) the court approves the proposed relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S. §5337. 11. A status conference with the assigned conciliator is hereby scheduled for November 21, 2014 at 10:30 am to see how the new schedule is working. 12. The parties may modify this Order by mutual agreement in writing. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, r) rn y- Distribution: r Margaret Simok, Esq. Nt to John Purcell, Jr., Esq. <c' c: John J. Mangan, Esq. • &pE e5 ma.lair''' /o/�..e/y gize HOLIDAYS AND TIMES EVEN ODD SPECIAL DAYS YEARS YEARS Easter Day 1St Half From 9 am until 3 pm Father Mother Easter Day 2nd Half From 3 pm until 9 pm Mother Father Memorial Day From 9 am until 9 pm Mother Father Independence Day From 9 am until 9 pm Father Mother Labor Day From 9 am until 9 pm Mother Father Halloween From one hour before trick or Father Mother treating to one hour after trick or treating Thanksgiving 1St From 8 am Thanksgiving Day to 2 Father Mother Half pm on Thanksgiving Day Thanksgiving 2nd From 2 pm on Thanksgiving Day to Mother Father half noon the day after Thanksgiving Day Christmas 1St Half From noon on 12/24 to noon on Father Mother 12/25 Christmas 2nd Half From noon on 12/25 to noon on Mother Father 12/26 New Year's From 6 pm 12/31 until noon January Mother Father 15t (with the 12/31 year to control the even/odd determination) Mother's Day From 9 am until 9 pm Mother Mother Father's Day From 9 am until 9 pm Father Father MICHAEL RINEER : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : : No. 08-2475 Civil Term SHANNON LEE DONOFRIO-RINEER : Defendant : ACTION IN CUSTODY Prior Judge: J. Wesley Oler, Jr., J. 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: Name Date of Birth Currently in the Custody of Jonas Michael Rineer 04/12/2000 Mother and Father Lucas Rineer 08/20/2008 Mother and Father 2. A Conciliation Conference was held on December 04, 2008, an Order issued December 12, 2008, a status conference was held January 26, 2009, an Order issued February 13, 2009, hearings were held March 04, 2009 and October 12, 2009, an Order issued October 13, 2009, a conciliation conference was held July 01, 2010, an Order issued August 04, 2010, a conference was held January 08, 2011, an Order issued January 20, 2011, a conference was held August 18, 2011, an Order issued August 31, 2014 and a conference was held September 23, 2014 with the following individuals participating: The Mother, Shannon Lee Donofrio-Rineer, with her counsel John Purcell, Jr., Esq. The Father, Michael Rineer, with his counsel, Margaret Simok, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date: 7/Z 37( John J% a an, Esquire Cus+,�" y /d conciliator MICHAEL RINEER : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 08-2475 Civil Term SHANNON LEE DONOFRIO-RINEER : Defendant : ACTION IN CUSTODY Prior Judges: J. Wesley Oler, Jr., J. Christylee L. Peck, J. COURT ORDER AND NOW, thisc,,7,5' , day of November 2014, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. Legal custody: The Mother, Shannon Lee Donofrio-Rineer, and the Father, Michael Rineer shall have shared legal custody of Jonas Michael Rineer, born 04/12/2000 and Lucas Rineer, born 08/20/2008. The parties shall have an equal right to make all major non -emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: Mother and Father shall share physical custody of the Children pursuant to a week on/week off basis as follows: a. b. c. Absent agreement otherwise or further Order of Court, the parents shall each have custody of the boys week on/week off from Monday until the following Monday with the exchanges being at school. When there is no school, the exchanges shall occur at 10:00 am. During each parent's "off week" that parent shall have the option to have custody of the Children on Wednesday from after school until 7 pm if there are no scheduled activities. When the Children are in each parent's respective custody, that parent may obtain child care of their own choosing, whether it is day care or family members. However, if either parent is not able to care for the Children for a period of time up to 48 hours or more, d. the available parent shall have the option of caring for the Children for this time. The parents may alter this schedule by agreement of the parties. 4. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. In the absence of agreement, the non-custodial parent may contact the Children at least once per day and any missed calls shall be returned promptly. 5. Counseling: Both parents have agreed that Jonas may benefit from individual counseling; as such, a qualified professional shall be selected by December 01, 2014 and an intake session shall be scheduled. Both parents shall adhere to the counselor's recommendations regarding Jonas' well being, specifically in regard to the instant custodial situation being week on/off and whether any alterations need to be made. After appropriate payment through insurance, the cost of the counseling shall be split equally between the parties. 6. Holidays: The parties shall share and alternate the holidays by agreement. In the absence of agreement, the parties shall adhere to the holiday schedule as attached. 7. Vacation: Each parent shall have seven consecutive days (one week) of vacation with the Children per year to be taken over their respective regular custodial weeks. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 8. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 9. In the event of a medical emergency, the custodial party shall notify the other parties as soon as possible after the emergency is handled. 10. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 11. Relocation. The parties are advised that neither party shall hereafter relocate the child or children if such relocation will significantly impair the ability of a non - relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the child/children consents to the proposed relocation or (b) r the court approves the proposed relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S. §5337. 12. The instant matter is hereby held open for a period of three months, giving each party the opportunity to contact the assigned conciliator for a conference. Thereafter, a petition to modify needs to be filed. .= 13. The parties may modify this Order by mutual agreement in writing. In the ' © ` `` r- absence of mutual consent, the terms of this Order shall control. ry) r_ BY THE COURT, c LL, {`i ffe:L;( J. Distribution: Margaret Simok, Esq. John Purcell, Jr., Esq. John J. Mangan, Esq. I alp HOLIDAYS AND SPECIAL DAYS fr TIMES EVEN YEARS ODD YEARS Easter Day 1st Half From 9 am until 3 pm Father Mother Easter Day 2nd Half From 3 pm until 9 pm Mother Father Memorial Day From 9 am until 9 pm Mother Father Independence Day From 9 am until 9 pm Father Mother Labor Day From 9 am until 9 pm Mother Father Halloween From one hour before trick or treating to one hour after trick or treating Father Mother Thanksgiving 1St Half From 8 am Thanksgiving Day to 2 pm on Thanksgiving Day Father Mother Thanksgiving 2nd half From 2 pm on Thanksgiving Day to noon the day after Thanksgiving Day Mother Father Christmas 1St Half From noon on 12/24 to noon on 12/25 Father Mother Christmas 2nd Half From noon on 12/25 to noon on 12/26 Mother Father New Year's From 6 pm 12/31 until noon January 1St (with the 12/31 year to control the even/odd determination) Mother Father Mother's Day From 9 am until 9 pm Mother Mother Father's Day From 9 am until 9 pm Father Father MICHAEL RINEER : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 08-2475 Civil Term SHANNON LEE DONOFRIO-RINEER : Defendant : ACTION IN CUSTODY Prior Judges: J. Wesley Oler, Jr., J. Christylee L. Peck, J. 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: Name Date of Birth Currently in the Custody of Jonas Michael Rineer 04/12/2000 Mother and Father Lucas Rineer 08/20/2008 Mother and Father 2. A Conciliation Conference was held on December 04, 2008, an Order issued December 12, 2008, a status conference was held January 26, 2009, an Order issued February 13, 2009, hearings were held March 04, 2009 and October 12, 2009, an Order issued October 13, 2009, a conciliation conference was held July 01, 2010, an Order issued August 04, 2010, a conference was held January 08, 2011, an Order issued January 20, 2011, a conference was held August 18, 2011, an Order issued August 31, 2014, a conference was held September 23, 2014, an Order issued October 15, 2014 and a conference was held November 21, 2014 with the following individuals participating: The Mother, Shannon Lee Donofrio-Rineer, by phone without her counsel John Purcell, Jr., Esq. The Father, Michael Rineer, with his counsel, Margaret Simok, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date: /i% 2147' angan, Esquire dy Conciliator