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HomeMy WebLinkAbout08-2493NANCY L. GRAY, V. Plaintiff MICHAEL V. SPADAFORE, Sr., Defendant To: The Judges of Said Court: IN THE COURT of COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA No. ,? i ? a q 9 -3 CIVIL ACTION - CUSTODY Complaint for Custody AND NOW thisb 1- day of April, 2008 comes Plaintiff, NANCY L. GRAY, above named, by and through her attorney, John M. Glace, Esquire, and presents this Complaint for Custody as follows: 1. Plaintiff Nancy L Gray is an unmarried adult individual who presently resides at 45 Winding Hill Road, Halifax , Dauphin County, Pennsylvania, 17032. 2. Defendant Michael V. Spadafore, Sr. is an unmarried adult individual who resides at 115 Mountain View Drive, (East Pennsboro Township), Cumberland County, Pennsylvania 17025. 3. Above parties are the biological parents of Lauren Terri-Michelle Spadafore (dob: 9/29/021/12/95) and Jordan James Spadafore (dob: 9/28/03). Said minor children were born out of wedlock. 4. For the preceding five (5) years, all the aforementioned minor children have resided exclusively at. a. 115 Mountain View Road, Enola (Cumberland County), PA 17025; and b. 413 Meadow Drive, Camp Hill Cumberland County), Pennsylvania, 1701 L. 5. The parties separated on or about January, 2007. Subsequently, Plaintiff began a relationship with Richard Blazevic. After Blazevic was alleged (although said allegation was deemed unfounded) to have abused the above minor children, Cumberland County Children & Youth Services removed the children from Plaintiff s household and after a December 20, 2007 hearing, James D. Flowers, Jr., Esquire as Master recommended that the children be placed with Defendant and access restricted from Richard Blazevic. Said Recommendation and Finding is attached in Coto as Exhibit "A" and made part hereof. 6. Judge M. L. Ebert, Jr. of this Honorable Court on December 27, 2007 adopted the Master's Recommendation, said Dependency Order is attached hereto as Exhibit "B" and made part hereof. TThis is the only custody order or agreement between parties. 7. On April 2, 2008 Plaintiff petitioned judge Ebert to modify this Dependency Order for the following reasons: a. Plaintiff moved to 45 Winding Hill Road, Halifax, PA with her step-father and husband; said residence in a large country home with four (4) bedrooms; and b. Defendant resides in a small three (3) bedroom house with his mother, sister and his sister's adult son thereby sleeping on a living sofa with the minor children sleeping on the floor in sleeping bags; c. Richard Blazevic, after Plaintiff, moved has , upon knowledge and belief, returned to live with family members in Highspire, PA; an d. The Children & Youth placement was an emergency placement, said emergency no longer existing 8. Defendant , his mother and sister refuse to permit any contact between Plaintiff and her minor children notwithstanding that she was the primary care provider for the entirety of their lives prior to the Children & Youth placement and Defendant never attempted to see these children between the parties January, 2007 separation and the Children& Youth placement. Plaintiffs only contact with her children is on the limited occasions when her mother, the children's grandmother, is permitted brief custody. 9. Judge Ebert returned Modification Petition on April 8, 2008 directing Plaintiff to proceed as a custody matter only. said Order of Court is attached hereto as Exhibit "C" and made part hereof. 10 No other custody actions have been commenced in any other jurisdiction(s) nor have the parties entered into a voluntary agreement. 11. It is the best interests of the minor children to be returned to the primary physical custody of the Plaintiff with all access by Richard Blazevic restricted. 12. All parties of interest have been made party to this action. 13. No named party is a present member of the Armed Services of United States. WHEREFORE, Plaintiff NANCY I- GRAY, respectfully requests that this Honorable Court grant her primary physical and joint legal custody of her minor children with permanent restriction for any contact by Richard Blazevic.. Respectfully submitted, The Law Office of John M. Glace Jo$iri? G e, Esquire Supre e C : 23933 132-1 W ut Street Hams . PA 17101-1612 (717-238-5515) Exhibit "A" LAUREN SPADAFORE CP-21-J V-259-2007 RECOMMENDATION OF MASTER This hearing is scheduled on December 20, 2007 for the benefit of siblings, Lauren Spadafore, age five, and Jordan Spadafore, age four. Appearing at the hearing were the following: For the Agency, Candace DeBord, Chris Roland and Lindsay Baird, Esquire; Nancy Gray, mother; Jacqueline Verney, Esquire, Guardian ad Litem; Michael Spadafore, father; Tracey Spadafore, maternal aunt; and Linda Rosenberry, CASA. On September 19, 2007 the Agency received a referral of suspected physical abuse alleging as perpetrator the children's mother's paramour, Richard Blazvic. Injuries to Jordan included some bruising to his face and knee and injuries his penis as demonstrated by the photographs that were admitted as Children and Youth Exhibit 1. The children's mother initially indicated on September 20, 2007 that Jordan had infonned her that Mr. Blazvic caused the injuries. On September 24, 2007, she advised the caseworker that she doubted that Mr. Blazvic caused the injuries. There was an interview on September 25, 2007 at the Children's Resource Center. On that occasion, Jordan disclosed to the interviewer that Mr. Blazvic had pulled his bird (his term for penis) as a punishment because he had peed the bed. The juvenile's mother was advised of this after the interview. A safety plan was established that the children's mother was not allowed for the children to have contact with Mr. Blazvic. On November 16, 2007, Cumberland County Children and Youth Services indicated the abuse by the mother's paramour, and on November 21, 2007, the caseworker advised the children's mother and asked for a pledge that the safety plan would continue to be followed. The juveniles' mother was obviously torn and wanted her children to be safe, but at the same time was not willing to eject her paramour from the home at that time. She acknowledges that Mr. Blazvic admitted grabbing Jordan's face which apparently resulted in the facial bruises which were shown in the photographs. The children's mother, to her credit, took Jordan to the hospital because of the injuries to his penis. She at this point does not know whether to believe Jordan or not about the abuse. Children and Youth Services initiated a new safety plan as of November 21, 2007 for the children to reside with their biological father, Michael Spadafore, and not to have any contact with Mr. Blazvic and only supervised contact, for the time being, with their mother. The children's mother works. Her paramour does not work. She is thirty-eight and her paramour is twenty, and they also have her son in the house who is fourteen. Mr. Blazvic met the children's mother in June and moved in after about a week. She is very concerned about her children and would like to have them back as soon as possible. At the same time, she is unwilling make her paramour homeless. The father argues that he is a ready, willing and able parent and the children should be placed in his care and custody and not be found to be dependant, subject to some restrictions on visitation. Neither the Agency, nor the Guardian ad Litem are strongly opposed to that conclusion. LAUREN SPADAFORE CP-21-JV-259-2007 It is recommended that the children not be found to be dependant at this time, their father, Michael Spadafore being a ready, willing and able parent. It is recommended that they be placed in his care and custody provided that there may be no contact whatsoever with Richard Blazvic, and that the children's mother have supervised contact with the children, not to reflect any danger there would be under her care, but to ensure for the time being that Mr. Blazvic would not be included in any visitation. Placement of the children in the care and custody of their biological father, Michael Spadafore, subject to the restrictions on visitation as set forth above, is deemed to be safe and in their best interests. 0 J es D?y .11 '), I q-" . Flower Jr., Esquire-haste Exhibit "B" L? r'( IN TI-IE MATTER OF LAUREN SPADAFORE BORN 09-29-02 A DEPENDENT JUVENILE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CP-21-JV-259-2007 ORDER OF COURT AND NOW, this day of D u.. , 2007, based upon hearing and recommendation of the above Master's Report, it is hereby ordered and directed that: z This child is placed in the care and custody of his father, Michael Spadafore and until further court order shall have no contact whatsoever with Richard Blazvic, and shall have supervised visitation, as may be arranged between the parties, with their mother, Nancy Gray. Reasonable efforts: z This placement is deemed to be safe and in the best interests of the child. C7" Recommendations of the Master are approved as adopted ? Reconnnendations of the Master are modified as follows: M. L. Ebert, Jr. SWAM AWOL AP ovum 0=4, 177111 .4 now I r PT 2F 297 sswm- BY THE COURT, Exhibit "C" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CP-21-JV-259-2007 IN THE MATTER OF JORDAN SPADAFORE, Born: 9/28/03 IN THE MATTER OF LAUREN SPADAFORE, Born: 9/29/02 ORDER 'COURT AND NOW, this 8 h day of April, 2008, the Court being in receipt of the Petition for Modification of Dependency Order filed by the Mother of the juveniles in the above-captioned case and the Court being advised that the Children and Youth case is closed, IT IS HEREBY ORDERED AND DIRECTED that the Petition to Modify Dependency Order is DENIED. Counsel for Mother shall proceed with this matter as a custody case. By the Court, M. L. Ebert, Jr., J- John Glace, Esquire Attorney for Mother Lindsay Baird, Esquire Attorney for Children and Youth Jacqueline Verney, Esquire, was GAL bas VERIFICATION I verify that the statements made in the foregoing Complaint for Custody are true and correct to the best of my understanding and belief. I understand that false statements herein are made subject to the penalties provided by 18 Pa. CSA, Section 4904, relating to unworn falsification to authorities. Date: Nancy L. Gray CERTIFICATE OF SERVICE I HEREBY CERTIFY that this /Aday of April, 2008 I have served a true and correct copy of the foregoing Complaint for Custody, by first class mail, postage prepaid, upon: Michael V. Spadafore, Sr. 115 Mountain View Drive Enola, PA 17025 31ace, Esquire Ct. ID: 23933 134 Walnut Street isburg. PA 171101-1612 (717) 238-5515 Counsel for Plaintiff c? o 0 C=) T i b CD D { ' NANCY L. GRAY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL V. SPADAFORE, SR. DEFENDANT 2008-2493 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, April 24, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, May 21, 2008 at 1:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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/ Dawn S, Sunda Es q. 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 ?t 0Of0z r t.; ? ty NANCY L. GRAY, VS. MICHAEL V. SPADAFORE, SR., Defendant war : oiooY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff 2008--8493 ??q3 IN CUSTODY ORDER OF COURT CIVIL ACTION - LAW AND NOW, this IVNd day of -Sy,N e-. , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Nancy L. Gray, and the Father, Michael V. Spadafore, Sr., shall have shared legal custody of Lauren Terri-Michelle Spadafore, born January 29, 2002, and Jordan James Spadafore, born September 28, 2003. Major decisions concerning the Children including, but not necessarily limited to, their health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in each Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Children. Neither party shall attempt to alienate the affections of the Children from the other party. Each party shall notify the other of any activity or circumstance concerning the Children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 2. Pending the custody conciliation conference scheduled in this Order and further Order of Court or agreement of the parties, the Father shall have primary physical custody of the Children and the Mother shall have supervised visitation with the Children on Sundays, beginning June 1, 2008, from 12:00 noon until 8:00 p.m. The Mother's periods of custody shall be supervised by the Mother's stepmother, biological mother, or other individual agreed upon by the parties. The periods during which the Mother is transporting the Children between her residence and the maternal grandmother's residence or the Father's place of employment for exchanges of custody shall not require supervision. 3. The Mother shall ensure that the Children have no contact either in person, by telephone or any other means with Richard Blazevic. 4. The Mother shall engage in counseling with a professional at Guidance Associates for which the Mother shall schedule the initial sessions as soon as possible. The purpose of the counseling shall be to assist the Mother in addressing issues which have arisen in connection with the Children and to ensure stability for the Children. 5. The parties shall cooperate with each other in re-establishing and maintaining telephone communication to share information concerning the Children. 6. The Children shall continue their counseling with Jamie Orris at Guidance Associates. 7. The parties and their counsel shall attend an additional custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on June 27, 2008 at 10:30 a.m. The purpose of the conference shall be to review the custody arrangements, including the requirement of supervision, based on the Mother's participation in counseling and the ongoing needs of the Children. 8. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, ?\k -?- ?a V M. L. Ebert, Jr. J. cc: '' John M. Glace, Esquire - Counsel for Mother /Cindy L. Hribal, Esquire - Counsel for Father mzattrwL lo?a?D? It l'?L. 1;''? ?Hi vV NANCY L. GRAY, VS. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL V. SPADAFORE, SR., Defendant Prior Judge: M. L. Ebert, Jr. 2008-8493 CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Lauren Terri-Michelle Spadafore January 29, 2002 Father Jordan James Spadafore September 28, 2003 Father 2. A custody conciliation conference was held on May 27, 2008, with the following individuals in attendance: the Mother, Nancy L. Gray, with her counsel, John M. Glace, Esquire, and the Father, Michael V. Spadafore, Sr., with his counsel, Cindy L. Hribal, Esquire and Brian Yeager, Law Clerk. 3. This Court previously entered an Order in a related dependency action on December 27, 2007 adopting the recommendations of the Master under which the Father was to have primary physical custody of the Children and the Mother was to have supervised visitation. All contact between the Children and the Mother's paramour, Richard Blazevic was prohibited. The Mother filed a Request for Modification of that Order resulting in an additional Order entered by this Court on April 8, 2008 directing the Mother to proceed in Custody rather than Dependency. 4. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator JUL 02 aOF/ NANCY L. GRAY vs. Plaintiff MICHAEL V. SPADAFORE, SR. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008 A413 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this IA day of J` , 2008, upon consideration of the attached Custody Conciliation Report, it is 'ordered and directed as follows: 1. The prior Order of this Court dated June 2, 2008 shall continue in effect as modified by this Order. 2. Paragraph 2 of the June 2, 2008 Order is vacated and replaced with this provision. Pending further Order of Court or agreement of the parties, the Father shall have primary physical custody of the Children and the Mother shall have partial physical custody with the Children in accordance with the following schedule: During alternating weeks, beginning June 26, 2008, the Mother shall have custody of the Children on Thursday from 12:00 noon, when the Mother shall pick up the Children at daycare or day camp, through 8:00 p.m., when the parties shall exchange custody at the Father's place of employment, and on Sunday from 12:00 noon, when the Mother shall pick up the Children at the Father's place of employment, through 8:00 p.m., when the Mother shall return the Children to the maternal grandmother's residence. During the alternating interim weeks, beginning July 5, 2008, the Mother shall have custody of the Children on Saturday from 8:00 a.m. until 8:00 p.m., with both exchanges of custody taking place at the maternal grandmother's residence, and Sunday from 12:00 noon, when the Mother shall pick up the Children at the Father's place of employment through 8:00 p.m. when the Mother shall return the Children to the maternal Grandmother's residence. 3. Prior to any further modification of the custody arrangements, the Mother shall engage in three (3) additional counseling sessions with her existing counselor and shall authorize the counselor to release information to both parties' legal counsel. Both parties shall contact the Children's counselor, Jamie Orris, to provide the necessary authorizations to enable both parties' legal counsel to obtain information concerning the Children. Upon receipt of the necessary authorizations, counsel for the parties shall jointly contact both the Mother's counselor and the Children's counselor to discuss further expansion of the Children's periods of custody with the Mother to overnights. In the event neither counselor has an objection to initiating overnight periods of custody for the Mother with the Children, the parties shall cooperate to establish an overnight custody arrangement similar to the arrangements discussed at the custody conciliation conference. In the event either of the counselors indicates that either the Mother or the Children are not ready to expand the partial custody schedule to include overnight periods, counsel for either party may contact the conciliator to schedule a telephone conference. 4. Within sixty (60) days of this Order, counsel for either party may contact the conciliator to schedule an additional conciliation conference, if necessary, to review the custodial arrangements. 5. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, "\ t- V M. L. Ebert, Jr. 0 J. cc: ?Kbb M. Glace, Esquire - Counsel for Mother indy L. Hribal, Esquire - Counsel for Father 4 h h£ s I I L- WOU MdOANO Mffi? JO NANCY L. GRAY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. MICHAEL V. SPADAFORE, SR. Defendant Prior Judge: M. L. Ebert, Jr. 2008-849 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Lauren Terri-Michelle Spadafore January 29, 2002 Father Jordan James Spadafore September 28, 2003 Father 2. A custody conciliation conference was held on June 27, 2008, with the following individuals in attendance: the Mother, Nancy L. Gray, with her counsel, John M. Glace, Esquire, and the Father, Michael V. Spadafore, Sr., with his counsel, Cindy L. Hribal, Esquire. 3. The parties agreed to entry of an Order in the form as attached. ann=== Date Dawn . Sunday, Esquire 67 Custody Conciliator LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street, First Floor, Front Harrisburg, PA 17102 Telephone No. (717) 232-9724 Attorney for Defendant, Michael V. Spadafore, Sr. NANCY L. GRAY : IN THE COURT OF COMMON PLEAS Plaintiff : DAUPHIN COUNTY, PENNSYLVANIA V. NO. 2008-2493 MICHAEL V. SPADAFORE, SR. : CIVIL ACTION -LAW Defendant : CUSTODY COMPLAINT TO MODIFY CUSTODY ORDER r AND NOW, this day of May, 2009 comes the Defendant above named, Michael V. Spadafore, Sr., by his attorney, Diane M. Dils, Esquire, and respectfully avers the following: 1. The Plaintiff, Nancy L. Gray, is an adult individual currently with a mailing address of P.O. 1373, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant, Michael V. Spadafore, Sr. is an adult individual currently residing at 115 Mountain View Drive, Enola, Cumberland County, Pennsylvania 17025. 3. The Plaintiff and Defendant are the parents of two minor children; namely: Lauren Terri-Michelle Spadafore, born September 29, 2002 and Jordan James Spadafore, born September 28, 2003. 4. Attached hereto and marked Exhibit "A" is a copy of an Order entered July 71 2008 setting for the current custodial arrangements between the parties wherein father, Defendant, has primary physical custody of the minor children with limited periods of partial custody in mother. 5. The minor children have been counseling with Jamie Orris of Guidance Associates. 6. It is in the best interest of the minor children that mother's periods of custody be supervised visitation only utilizing the YWCA Visitation Center. 7. It is in the best interest of the minor children that father be granted full legal custody of his children. 8. It is on the recommendation of the Counselor, Jamie Orris, that mother's periods of custody be decreased to provide for supervised visitation only, as well as legal custody be afforded father. 9. Father is further unaware if mother ever attended three (3) additional counseling sessions with a counselor as required by the Order dated July 7, 2008. Mother has failed to provide the name of the counselor as required by said Order. 10. It is respectfully requested that mother be required to provide the name of her counselor, verification of at least three (3) counseling sessions immediately to Jamie Orris. 11. It is respectfully requested that mother be required to engage in counseling, and psychiatric evaluation and parenting classes, all at the cost of mother. WHEREFORE, the Defendant, Michael V. Spadafore, Sr., respectfully prays Your Honorable Court to Order to modify the current Custody Order entered July 7, 2008. Respectfully submitted, L t f F f BY: `(. iane M. ils, Esquire 1400 North Second Street First Floor, Front Harrisburg, PA 17102 (717) 233-8743 I.D. No. 71873 Date: May 13, 2009 EXHIBIT "A" JUL-22-2008 10:58 AM Chertok & uribal 7172494514 P. 2 All(" M ras NANCY L. GRAY Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. MICHAEL V. SPADAFORE, SIB. Defendant 2008 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this ?A day of 2008, upon consideration of the attached Custody Conciliation Report, it 0 ordered and directed as follows: 1. The prior Order of this Court dated June 2, 2008 shall continue in effect as modified by this Order. 2. Paragraph 2 of the June 2, 2008 Order is vacated and replaced with this provision. Pending further Order of Court or agreement of the parties, the Father shall have primary physical custody of the Children and the Mother shall have partial physical custody with the Children in accordance with the following schedule: During alternating weeks, beginning June 26, 2008, the Mother shall have custody of the Children on Thursday from 12:00 noon, when the Mother shall pick up the Children at daycare or day camp, through 8:00 p.m., when the parties shall exchange custody at the Father's place of employment, and on Sunday from 12;00 noon, when the Mother shall pick up the Children at the Father's place of employment, through 8:00 p.m., when the Mother shall return the Children to the maternal grandmother's residence. During the alternating interim weeks, beginning July S, 2008, the Mother shall have custody of the Children on Saturday from 8:00 a.m. until 8:00 p.m., with both exchanges of custody taking place at the maternal grandmother's residence, and Sunday from 12:00 noon, when the Mother shall pick up the Children at the Father's place of employment through 8:00 p.m. when the Mother shall return the Children to the maternal Grandmother's residence. 3. Prior to any further modification of the custody arrangements, the Mother shall engage in three (;} additional counseling sessions with her existing counselor and shall authorize the counselor to release information to both parties' legal counsel. Both parties shall contact the Children's counselor. Jamie Orris, to provide the necessary authorizations to enable both parties' legal counsel to obtain information concerning the Children. Upon receipt of the necessary authorizations, counsel for the parties shall jointly contact both the Mother's counselor and the Children's counselor to discuss further expansion of the Children's periods of custody with the Mother to overnights. In the event neither counselor has an objection to initiating overnight periods of custody for the Mother with the Children, the parties shall cooperate to establish an overnight custody arrangement similar to the arrangements discussed at the custody conciliation conference. In the event either of the counselors indicates that either the Mother or the Children are not ready to expand the partial custody schedule to include overnight periods, counsel for either party may contact the conciliator to schedule a telephone conference. JUI:-22-2008 10 : 59 AM Cher to k & XribaI 7172494514 P. 3 4. Within sixty (60) days of this Order, counsel for either party may contact the conciliator to schedule an additional conciliation conference, if necessary, to review the custodial arrangements. 5. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: John M. Glace, Esquire - Counsel for Mother Cindy L. Hribal, Esquire - Counsel for Father (PI &0h M. L. ert, In J. TRUE COPY FROM RECORD In Testimony.whereof, I here unto sa#: Foy hand and # NMI of sold C rid#. ar ' I?, a J16-22-2008 10: 59 AM Chertok &.Hribal 7172494514 P. 4 NANCY L. GRAY Plaintiff vs. MICHAEL V. SPADAFORE, SR. Defendant Prior Judge: M. L. Ebert, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 200844 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CUMNTLY IN CUSTODY OF Lauren Terri-Michelle Spadafore January 29, 2002 Father Jordan James Spadafore September 28, 2003 Father 2. A custody conciliation conference was held on June 27, 2008, with the following individuals in attendance: the Mother, Nancy L. Gray, with her counsel, John M. Glace, Esquire, and the Father, Michael V. Spadafore, Sr.. with his counsel, Cindy L. Hribal, Esquire. 3. The parties agreed to entry of an Order in the form as attached. JtA,.e ?e, .;? L Date Dawn . Sunday, Esquire Custody Conciliator VERIFICATION I verify that the statements made in this COMPLAINT TO MODIFY CUSTODY ORDER are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA. C.S. Section 4904 relating to unsworn falsification to authorities, MICHAEL V. SPADAFORE, SR. Date: May 13, 2009 *70• oo PQ ATTY C'x..? 3015 R.? ?d5lalo -4,?A NANCY L. GRAY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-2493 CIVIL ACTION LAW MICHAEL V. SPADAFORE, SR. IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, May 21, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, June 24, 2009 at 2:00 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: ls/ Dawn S. Sunday, Esq. W Custody Conciliator Ir 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 2Uijttip} r ya° _o' Cep ?.rd JAN 15 2010 NANCY L. GRAY Plaintiff VS. MICHAEL V. SPADAFORE, SR. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA a U173 2008404" CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this iq 1h day of TQ h 0 a+1y , 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated July 7, 2008 shall continue in effect. 2. The Father's Petition for Modification is dismissed by agreement. BY THE COURT, M. Dils Es uire - Counsel for Father cc: Dane q ,/Nancy L. Gray - Mother r, l?14 ?04 c? k I ?d ( M. L. Ebert, Jr. J. . . 1 NANCY L. GRAY vs. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-8493 CIVIL ACTION LAW MICHAEL V. SPADAFORE, SR. Defendant Prior Judge: M. L. Ebert, Jr. IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Lauren Terri-Michelle Spadafore January 29, 2002 Father Jordan James Spadafore September 28, 2003 Father 2. A custody conciliation conference was held on June 23, 2009, with the following individuals in attendance: the Father, Michael V. Spadafore, Sr., with his counsel, Diane M. Dils, Esquire, and the Mother, Nancy L. Gray, who is not represented by counsel in this matter. 3. The Father filed this Petition for Modification. The parties discussed possible ways to address the concerns raised by the Father in his Petition, including participation in the Children's counseling with Jaime Orris. It was determined that the conciliator would hold this matter open pending notification from the Father's counsel as to whether the Father intended to proceed with the Petition depending on the circumstances 60 days after the conciliation conference. 4. It has been determined that no further substantive Order is necessary at this time and the Father does not intend to proceed with the Petition. Accordingly, the conciliator submits an Order in the form as attached effectively relinquishing jurisdiction. J&n yal, /a _ 40 /0 Date T Dawn S. Sunday, Esquire Custody Conciliator FILED-OFFICE 0 THE r ROTHONO TARY TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Telephone: (717) 731-8114 Facsimile: (717) 731-8115 2011 MR 30 AN 11: 40 CUMBERLAND COUNTY PENNSYLVANIA NANCY GRAY, Plaintiff v. MICHAEL V. SPADAFORE, SR., Defendant § IN THE COURT OF COMMON PLEAS OF § CUMBERLAND COUNTY, PENNSYLVANIA § NO. 2008-2493 § CIVIL ACTION - CUSTODY PETITION FOR MODIFICATION AND NOW, comes the Plaintiff, Nancy Gray, by her attorney, Tanner Law Offices, LLC, and represents as follows: 1. Plaintiff is Nancy Gray, an adult individual currently residing at 67 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania 17043. 2. Defendant is Michael V. Spadafore, Sr., an adult individual currently residing at 115 Mountain View Drive, Enola, Cumberland County, Pennsylvania 17025. 3. Plaintiff seeks primary physical custody of the following children: Name Lauren Terri Michelle Spadafore Present Address 115 Mountain View Drive Enola, PA 17025 Jordan James Spadafore 115 Mountain View Drive Enola, PA 17025 4. The children were born out of wedlock. Age 8 (D.O.B. 9/29/2002) 7 (D.O.B. 9/28/2003) // wy 5. 6. 7. 8. 9. 10 The children are presently in the custody of the Defendant, Michael V. Spadafore, Sr., who resides at 115 Mountain View Drive, Enola, Cumberland County, Pennsylvania 17025. During the last five years, the children have resided at the following addresses: Person(s) Address Dates Michael V. Spadafore, Sr. 115 Mountain View Drive 12/07 - present Tracy Spadafore (Father's sister) Enola, PA 17025 Sandra Nancy Spadafore (Paternal grandmother) Corey Michael Spadafore (Father's nephew) Michael V. Spadafore, Jr. (Father's son) Nancy Gray Michael V. Spadafore, Sr. Michael V. Spadafore, Jr. Lee R. Gray (Mother's son) Nancy Gray Lee R. Gray Richard Blazevic, Jr. Nancy Gray Lee R. Gray 413 Meadow Drive 02/03 - 12/07 Camp Hill, PA 17011 413 Meadow Drive 06/07 - 09/07 Camp Hill, PA 17011 413 Meadow Drive 01/07 - 06/07 Camp Hill, PA 17011 The mother of the children is Plaintiff, Nancy Gray, currently residing at 67 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania 17043. The father of the children is Defendant, Michael V. Spadafore, Sr., currently residing at 115 Mountain View Drive, Enola, Cumberland County, Pennsylvania 17025. The relationship of the Plaintiff to the children is that of mother. The relationship of the Defendant to the children is that of father. 11. Plaintiff has previously participated as a party in other litigation concerning the custody of the children in a court of this Commonwealth or any other state, most recently in the litigation resulting in the July 7, 2008, Order. 12. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children and claims to have custody or visitation rights with respect to the children. 13. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. 14. The best interests and permanent welfare of the children will be served by granting the relief requested. The quality of the children's physical, intellectual, moral and spiritual environment would be improved by Plaintiff s continued interaction in her children's life. WHEREFORE, Plaintiff requests the Court to grant Primary Physical Custody of the Children. Respectfully submitted, la&k& 4 - 'ih? Tabetha A. Tanner, Esquire Supreme Court I.D. No.: 91979 Attorney for Plaintiff TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 (717) 731-8114 VERIFICATION I verify that the statements made in this Petition for Modification are true and correct. I understand that false statements made herein may subject me to penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 3?2g? 1 Nancy Gray r NANCY L. GRAY vs. Plaintiff MICHAEL V. SPADAFORE, SR. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-???? CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW this / Tn day of ?d-v , 2008, upon consideration of the attached Custody Conciliation Report .i.. s ordered and directed as follows: 1. The prior Order of this Court dated June 2, 2008 shall continue in effect as modified by this Order. 2. Paragraph 2 of the June 2, 2008 Order is vacated and replaced with this provision. Pending further Order of Court or agreement of the parties, the. Father shall have primary physical custody of the Children and the Mother shall have partial physical custody with the Children in accordance with the following schedule: During alternating weeks, beginning June 26, 2008, the Mother shall have custody of the Children on Thursday from 12:00 noon, when the Mother shall pick up the Children at daycare or day camp, through 8:00 p.m., when the parties shall exchange custody at the Father's place of employment, and on Sunday from 12:00 noon, when the Mother shall pick up the Children at the Father's place of employment, through 8:00 p.m., when the Mother shall return the Children to the maternal grandmother's residence. During the alternating interim weeks, beginning July 5, 2008, the Mother shall have custody of the Children on Saturday from 8:00 a.m. until 8:00 p.m., with both exchanges of custody taking place at the maternal grandmother's residence, and Sunday from 12:00 noon, when the Mother shall pick up the Children at the Father's place of employment through 8:00 ..p.m. when the Mother shall return the Children to the maternal Grandmother's residence. 3. Prior to any further modification of the custody arrangements, the Mother shall erigarge-irr -= ` three (3) additional counseling sessions with her existing counselor and shall authorize the counselor to release information to both parties' legal counsel. Both parties shall contact the Children's counselor, Jamie Orris, to provide the necessary authorizations to enable both parties' legal counsel to obtain information concerning the Children. Upon receipt of the necessary authorizations, counsel for the parties shall jointly contact both the Mother's counselor and the Children's counselor to discuss further expansion of the Children's periods of custody with the Mother to overnights. In the event neither counselor has an objection to initiating overnight periods of custody for the Mother with the Children, the parties shall cooperate to establish an overnight custody arrangement similar to the arrangements discussed at the custody conciliation conference. In the event either of the counselors indicates that either the Mother or the Children are not ready to expand the partial custody schedule to include overnight periods, counsel for either party may contact the conciliator to schedule a telephone conference. ? y 4. Within sixty (60) days of this Order, counsel for either party may contact the conciliator to schedule an additional conciliation conference, if necessary, to review the custodial arrangements. 5. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, /s A. ?. r&j. 2.--- M. L. Ebert, Jr. J. cc: John M. Glace, Esquire - Counsel for Mother Cindy L. Hribal, Esquire - Counsel for Father TRUt- COPY _.FOM R.CORD tn.1'eatimony whereof, I here urn#o:?et my hand and the 3661 of said Court at Eariisle,-Pa. NANCY GRAY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVAN@ c"'7 0 -raw m =-r- V - 2008-2493 CIVIL ACTION LAW ;r _ um ?> ? o CJ MICHAEL V. SPADAFORE, SR. ? ss cD-n c-: IN CUSTODY Z =F3 DEFENDANT . r c-n ORDER OF COURT AND NOW, Thursday, March 31, 2011 , upon consideration of the attached Complaint , it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055_ on Tuesday, May 03, 2011 at 1:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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/ Dawn S. Sunda Es q. 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 _tA P 32 South Bedford Street Carlisle, Pennsylvania 17013 p c oc ?-? ?? oyt Telephone (717) 249-3166 TANNER LAW OFFICES, LLC 3507 Market Street, Suite 303 Camp Hill, PA 17011 Telephone: (717) 731-8114 Facsimile: (717) 731-8115 NANCY GRAY, v. 4i !^ j (?t1rtT4-? 1, r y..a a 11 JUIN 21 FM 3? 10 t MBERL O J , WE tl H IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL V. SPADAFORE, SR., Respondent :NO. 2008-2493 CIVIL ACTION -CUSTODY PETITION FOR APPOINTMENT OF CUSTODY EVALUATOR AND NOW comes the Petitioner, Nancy Gray, by and through her attorneys, Tanner Law Offices, LLC, and files this petition for appointment of custody evaluator and in support thereof avers as follows: 1. The Petitioner is Nancy Gray, an adult individual residing at 67 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania 17043. 2. The Respondent is Michael V. Spadafore, Sr., an adult individual residing at 115 Mountain View Drive, Enola, Cumberland County, Pennsylvania 17025. 3. On March 30, 2011, Nancy Gray, the above-named petitioner, filed a Petition for Modification with this Court seeking primary physical custody of the following children: Lauren Terri Michelle Spadafore, born September 29, 2002, age 8 and Jordan James Spadafore, born September 28, 2003, age 7. 4. The parties were unable to reach an agreement as to a modification of the July 7, 2008 Custody Order at the conciliation hearing held before Dawn S. Sunday, Esquire, on May 3, 2011. 5. Respondent refuses to consent to the Petitioner having partial periods of overnight custody of said minor children. 6. Respondent alleges harm to the children based upon abuse by Petitioner's boyfriend nearly four years ago. 7. Petitioner was finally able to escape from her abusive boyfriend in February 2008 and neither she, nor the children, have seen him since this time. 8. Petitioner alleges that Respondent and his sister, with whom Respondent and minor children reside, are engaging in behavior constituting of parental alienation against Petitioner. 9. The Petitioner believes that it is in the best interest and permanent welfare of the children for this Court to appoint a custody evaluator to carry out a custodial evaluation of the parties and the subject children. 10. Petitioner requests this Court to direct that the parties divide equally the cost for said custody evaluator. 11. Respondent opposes the appointment of a custody evaluator to conduct a custodial evaluation, as well as equal division of the costs for said evaluation. WHEREFORE, the Petitioner, Nancy Gray, respectfully requests this Court to (1) appoint a custody evaluator to conduct a custodial evaluation of the parties and the subject children; (2) direct the parties to divide equally the cost for a custody evaluator; and (3) enter such other additional relief on behalf of Petitioner, Nancy Gray, as this Court deems just and proper. Respectfully submitted, By IC? 4. Tabetha A. Tanner, Esquire Attorney I.D. No. 91979 Attorney for Petitioner/Nancy Gray -2- VERIFICATION I verify that the statements made in this Petition for Counseling Pursuant to Section 3302 of the Divorce Code are true and correct. I understand that false statements made herein may subject me to penalties of Pa.C.S. §4904 relating to unsworn falsification to authorities. Date Nancy ly, Petiti er TANNER LAW OFFICES, LLC 3507 Market Street, Suite 303 Camp Hill, PA 17011 Telephone: (717) 731-8114 Facsimile: (717) 731-8115 NANCY GRAY, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL V. SPADAFORE, SR., Respondent : NO. 2008-2493 : CIVIL ACTION - CUSTODY CERTIFICATE OF SERVICE I HEREBY CERTIFY THAT I served a copy of the Petition for Counseling Pursuant to Section 3302 of the Divorce Code, filed in the above-captioned matter upon the counsel for Defendant, by first class U.S. mail addressed as follows: Mr. Benjamin D. Andreozzi, Esquire 215 Pine Street Harrisburg PA 17101 Date: a t_nlol Tabetha A. Tanner, Esquire Supreme Court I.D. No.: 91979 NANCY GRAY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-2493 CIVIL ACTION LAW MICHAEL V. SPADAFORE, SR.' IN CUSTODY 7, DEFENDANT r> ORDER OF COURT `. r9 AND NOW, _ Thursday, June 23, 2011 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator, at,-.--,-- 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, July 27, 2011 at 2:00 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/ Dawn S. Sunda 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 Gtp 32 South Bedford Street Carlisle, Pennsylvania 17013 1 Telephone (717) 249-3166 NANCY GRAY vs. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL V. SPADAFORE, SR. Defendant 2008-2493 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this day of , 2011, upon consideration of the attached Custody Conciliation Re rt, i s ordered and directed as follows: 1. ?A heari g is scheduled in Court Room No. 2 of the Cumberland Courthouse on the ,? 4,Yk- day of 2011, at J?'clock .m., at which time testimony will be taken. For purposes of the hearing, the Mother, Nancy Gray, shall-be deemed to be the moving party and shall proceed immediately with testimony. Counsel for the parties shall submit to the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least seven days prior to the hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Order of this Court dated July 7, 2008 shall continue in effect. By the Court: M. L. Ebert, Jr. cc: Tabetha A. Tanner, Esquire - Counsel for Mother C-) `- Benjamin Andreozzi, Esquire - Counsel for Father t'? ?) L? f t t 5 bhtt ? ? rnaa x rn e-- ? rnrn r°- . . ? ?y ? 70c3 Pf t r-a y' (-) L 7 wr1 C) ) N Ca ?. t NANCY GRAY vs. MICHAEL V. SPADAFORE, SR. Defendant Prior Judge: M. L. Ebert, Jr. IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA 2008-2493 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Lauren Spadafore Jordan Spadafore January 29, 2002 September 28, 2003 Father Father 2. A custody conciliation conference was held on May 3, 2011, with the following individuals in attendance: the Mother, Nancy Gray, with her counsel, Tabetha A. Tanner, Esquire, and the Father, Michael V. Spadafore, Sr., with his counsel, Benjamin Andreozzi, Esquire. 3. This Court previously entered an Order in this matter on July 7, 2008, under which the Father has primary physical custody of the Children and the Mother has partial physical custody during the afternoon/evening of specified days each week. The Mother filed this Petition for Modification seeking overnight and otherwise expanded periods of custody with the Children. At the time of the conciliation conference, a telephone conference with counsel was scheduled for May 11, 2011 to further discuss the Mother's request for a custody evaluation. The telephone conference was held on May 11 with both parties' counsel participating. The main topic of the telephone conference was options for financing the costs of the custody evaluation and at that time, it was agreed that the Father's counsel would further discuss those possibilities with the Father. 4. The Mother's counsel has now requested that a hearing be scheduled on this matter as no further progress has been made in connection with arrangements for a custody evaluation and further resolution of the unresolved issues. 5. The Mother's position on custody is as follows: The Mother believes that the Children's interests would be best served by the Mother's increased participation in their lives. The Mother advised that she has not been with her prior boyfriend for four years and he was the one involved in the abusive incident that created curtailment of her custodial time. The Mother does not believe that the Father has been cooperating in expanding the Mother's time or involvement with the Children. The Mother believes that the Father's sister is thwarting her relationship with the Children by contacting Children and Youth Services and by influencing the Children negatively against the Mother. The Mother requests that the Father be required to participate with her in a custody evaluation and ultimately, the Mother seeks shared physical custody of the Children. 6. The Father's position on custody is as follows: The Father believes it would be in the Children's best interests to continue the custody schedule which is currently in effect. The Father acknowledges that while the Mother's boyfriend, who was the primary focus of the abusive incident in 2007, is out of the picture now, the Father still believes that the Mother is behaving abusively toward the Children. The Father indicated that the Children are afraid to stay overnight at the Mother's residence and therefore it will be necessary to involve a professional to determine when it is appropriate for the Children's well-being to initiate overnights. The Father indicated that he does not agree to obtain a custody evaluation as he is not able to contribute toward the costs. 7. The conciliator recommends an Order in the form as attached scheduling a hearing on the Mother's Petition for Modification seeking additional time with the Children and also the Mother's request that the Father be ordered to participate in a custody evaluation. It is anticipated that the hearing will require at least one--half day. -- -mil 3 C', ?C, I I _ Date Dawn S. Sunday, Esquire Custody Conciliator NANCY GRAY vs. Plaintiff MICHAEL V. SPADAFORE, SR. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-2493 CIVIL ACTION LAW C IN CUSTODY :r _ =M plr- ? ORDER y C- =C-1 ?a . AND NOW, this 25th _ day of July, 2011 ,the conciliator, having determined that a hearing is currently scheduled on the prior Petition on which a conciliation conference was held and that the Mother's Petition for a Custody Evaluation is being handled by the Court on a Rule to Show Cause, hereby relinquishes jurisdiction. The custody conciliation conference scheduled for July 27, 2011 on the issue of the custody evaluation is canceled. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator NANCY GRAY, PLAINTIFF V. MICHAEL V. SPADAFORE, SR., DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-2493 CIVIL ORDER OF COURT AND NOW, this 29th day of July, 2011, upon consideration of the Plaintiff's Petition for Appointment of Custody Evaluator, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before August 18, 2011; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, the Court will determine if further Order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, M. L. Ebert, Jr., J. Tabetha A. Tanner, Esquire Attorney for Plaintiff Benjamin Andreozzi, Esquire Attorney for Defendant bas ?op a9?i ;W rv a' ' C t?J: MICHAEL VINCENT SPADAFORE, § IN THE COURT OF COMMON PLEAS OF Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA § V. § CIO NO. 2008-2493 C.,3 § rr ' -? NANCY LOUISE GRAY, § ' CIVIL ACTION - CUSTODY Defendant § C> CD X q PETITIONER'S MOTION TO MAKE RULE ABSOLUTE'' n m AND NOW, comes the Petitioner, Nancy Louise Gray, by and through her attorney Tanner Law Offices, LLC, and moves this Honorable Court to grant her Motion to Make Rule Absolute, and in support thereof, presents the following: 1. On June 21, 2011, Petitioner filed a Petition for Appointment of Custody Evaluator (a copy of which is attached hereto as "Exhibit A") 2. On July 29, 2011, in response to said Petition, this Honorable Court issued a Rule upon Respondent to show cause why Petitioner's relief should not be granted, returnable on August 18, 2011 (a copy of which is attached hereto as "Exhibit B"). 3. On August 18, 2011, Respondent failed to show cause why Petitioner's Petition for Appointment of Custody Evaluator should not be granted. WHEREFORE, Petitioner respectfully requests this Honorable Court grant Petitioner's Petition For Appointment of Custody Evaluator and enter the proposed Order attached hereto. Respectfully submitted, f Tabetha A. Tanner, Esquire Supreme Court I.D. No.: 91979 Petitioner TANNER LAW OFFICES, LLC 3507 Market Street, Suite 303 Camp Hill, PA 17011 Telephone: (717) 731-8114 Facsimile: (717) 731-8115 T11C OR i ??ti 1 JUN 21 Pe 3? 1 D ,1jMB FkL L?AQU NANCY GRAY, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 2008-2493 MICHAEL V. SPADAFORE, SR., : CIVIL ACTION - CUSTODY Respondent PETITION FOR APPOINTMENT OF CUSTODY EVALUATOR AND NOW comes the Petitioner, Nancy Gray, by and through her attorneys, Tanner Law Offices, LLC, and files this petition for appointment of custody evaluator and in support thereof avers as follows: 1. The Petitioner is Nancy Gray, an adult individual residing at 67 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania 17043. 2. The Respondent is Michael V. Spadafore, Sr., an adult individual residing at 115 Mountain View Drive, Enola, Cumberland County, Pennsylvania 17025. 3. On March 30, 2011, Nancy Gray, the above-named petitioner, filed a Petition for Modification with this Court seeking primary physical custody of the following children: Lauren Terri Michelle Spadafore, born September 29, 2002, age 8 and Jordan James Spadafore, born September 28, 2003, age 7. 4. The parties were unable to reach an agreement as to a modification of the July 7, 2008 Custody Order at the conciliation hearing held before Dawn S. Sunday, Esquire, on May 3, 2011. 5. Respondent refuses to consent to the Petitioner having partial periods of overnight custody of said minor children. Exhibit "A" w 6. Respondent alleges harm to the children based upon abuse by Petitioner's boyfriend nearly four years ago. 5. 7. Petitioner was finally able to escape from her abusive boyfriend in February 2008 and neither she, nor the children, have seen him since this time. 8. Petitioner alleges that Respondent and his sister, with whom Respondent and minor children reside, are engaging in behavior constituting of parental alienation against Petitioner. 9. The Petitioner believes that it is in the best interest and permanent welfare of the children for this Court to appoint a custody evaluator to carry out a custodial evaluation of the parties and the subject children. 10. Petitioner requests this Court to direct that the parties divide equally the cost for said custody evaluator. 11. Respondent opposes the appointment of a custody evaluator to conduct a custodial evaluation, as well as equal division ofthe costs for said evaluation. WHEREFORE, the Petitioner, Nancy Gray, respectfully requests this Court to (1) appoint a custody evaluator to conduct a custodial evaluation of the parties and the subject children; (2) direct the parties to divide equally the cost for a custody evaluator; and (3) enter such other additional relief on behalf of Petitioner, Nancy Gray, as this Court deems just and proper. Respectfully submitted, Byy?4./ Tabetha A. Tanner, Esquire Attorney I.D. No. 91979 Attorney for Petitioner/Nancy Gray -2- 4 VERIFICATION I verify that the statements made in this Petition for Counseling Pursuant to Section 3302 of the Divorce Code are true and correct. I understand that false statements made herein may subject me to penalties of Pa.C.S. §4904 relating to unsworn falsification to authorities. 1 ` _ mem Date Nancy y, Petiti er TANNER LAW OFFICES, LLC 3507 Market Street, Suite 303 Camp Hill, PA 17011 Telephone: (717) 731-8114 Facsimile: (717) 731-8115 NANCY GRAY, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA v. MICHAEL V. SPADAFORE, SR., Respondent : NO. 2008-2493 : CIVIL ACTION - CUSTODY CERTIFICATE OF SERVICE I HEREBY CERTIFY THAT I served a copy of the Petition for Counseling Pursuant to Section 3302 of the Divorce Code, filed in the above-captioned matter upon the counsel for Defendant, by first class U.S. mail addressed as follows: Mr. Benjamin D. Andreozzi, Esquire 215 Pine Street Harrisburg PA 17101 Date: %&& A -;ix ? Tabetha A. Tanner, Esquire Supreme Court I.D. No.: 91979 NANCY GRAY, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL V. SPADAFORE, SR., DEFENDANT NO. 08-2493 CIVIL ORDER OF COURT AND NOW, this 29P day of July, 2011, upon consideration of the Plaintiff's Petition for Appointment of Custody Evaluator, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before August 18, 2011; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, the Court will determine if further Order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, M. L. Ebert, Jr., J. Tabetha A. Tanner, Esquire Attorney for Plaintiff Benjamin Andreozzi, Esquire Attorney for Defendant bas .> Exhibit "B" MICHAEL VINCENT SPADAFORE, § IN THE COURT OF COMMON PLEAS OF Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA V. § NO. 2008-2493 NANCY LOUISE GRAY, § CIVIL ACTION - CUSTODY Defendant § CERTIFICATE OF SERVICE I HEREBY CERTIFY THAT I served a copy of the Petitioners's Petition to Make Rule Absolute, filed in the above-captioned matter, upon Defendant and Plaintiff, by regular U.S. mail, addressed as follows: Mr. Benjamin Andreozzi, Esquire 215 Pine Street Harrisburg, Pennsylvania 17101 Date Tabetha A. Tanner, Esquire Supreme Court I.D. No.: 91979 Benjamin D. Andreozzi Attorney ID 489271 ANDREOZZI & ASSOCIATES, P.C. 215 Pine St., Ste. 200 Harrisburg, PA 17101 717-525-9124 Ben@midstatelaw.com Attorney for Plaintiff/Respondent MICHAEL V. SPADAFORE, Plaintiff vs. NANCY L. GRAY, Defendant 0 T[1,9?10 TA;-, 'i. '„? i rC3 3 t111? 3 '7UNBERLAND COUNTY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2008-2493 CIVIL ACTION - LAW IN CUSTODY PLAINTIFF'S MOTION IN OPPOSITION TO DEFENDANT'S MOTION TO MAKE RULE ABSOLUTE AND NOW comes the Plaintiff through his attorneys Andreozzi & Associates, and objects to Defendant's Motion to Make Rule Absolute, and avers as follows: 1. Plaintiff/Respondent is Michael V. Spadafore, Sr., an adult individual residing at 115 Mountain View Drive, Enola, PA 17025 2. Defendant/Petitioner is Nancy Gray, an adult individual residing at 67 Hummel Avenue, Lemoyne, PA 17043. 3. Plaintiff/Respondent hired the below-signed counsel for the limited purpose of attending the Custody Conciliation in this matter. 4. Plaintiff/Respondent has elected not to retain below-signed counsel for the custody proceedings as a result of his dire financial situation. 5. Plaintiff/Respondent does not have the financial resources to pay for a custody evaluator and has repeatedly expressed this to counsel for the Defendant/Petitioner. 6. In addition to Plaintiff/Respondent's economic hardship, he does not believe that he should be Ordered to pay for half of the custody evaluation due to the fact that the custody dispute arises from sexual abuse of the children that was perpetrated by Defendant/Petitioner's ex-boyfriend. 7. Plaintiff/Respondent did not respond to Defendant/Petitioner's Petition for Appointment of Custody Evaluator because he did not feel that he had the economic resources to do so. 8. The undersigned agreed that he would present the Plaintiff/Respondent's position to the Court without cost, and therefore presents the within Motion. Wherefore, Plaintiff requests this Honorable Court deny Defendant's Motion to Make Rule Absolute or, in the alternative, grant Defendant's Motion but require Defendant to bear the entire cost of the custody evaluation. Date: Respectfully submitted, r ANDREOZZI & ASSOCIATES, P.C. By: Be'1=ijamin dreozzi, Esquire Attorney 201310 215 Piney., Ste. 200 Harrisb g, PA 17101 (717) 525-9124 Attorney for Plaintiff/Respondent VERIFICATION I, Benjamin D. Andreozzi, Attorney for Michael Spadafore, verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. <:? f Date: By: All, Benjamin D. Andreo zi, Esquire Attorney ID # 8927 215 Pine St., St 00 Harrisburg 17101 (717) 525-W24 Attorney for Plaintiff/Respondent CERTIFICATE OF SERVICE I, Benjamin D. Andreozzi, Esquire, hereby state that I have this day caused to be served a true and correct copy of the Plaintiffs Petition for Contempt of Custody Order to all counsel of interest at the address below named, by U.S. Mail, First-Class, postage prepaid: Tabetha A. Tanner, Esq. TANNER LAW OFFICES, LLC 3507 Market Street Suite 303 Camp Hill, PA 17011 Dated: By: MICHAEL VINCENT SPADAFORE, § IN THE COURT OF COMMON PLEAS OF Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA V. § NO. 2008-2493 NANCY LOUISE GRAY, § CIVIL ACTION - CUSTODY Defendant § ORDER OF COURT AND NOW, this Wl- day of " , 2011, upon consideration of the Petitioner's Petition For Appointment of Custody Evaluator, having found that Respondent has failed to show cause why the Petition should not be granted, and upon further consideration of the Petitioner's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED as follows: The parties shall immediately contact Kasey Sheinvold, Psy.D., M.B.A. of Riegler Shienvold & Associates to start the custody evaluation process with regard to the parties' two minor children. 2 3 ?c'n? Qn1,n The parties shall fully cooperate in the custody evaluation process. The parties shall equally share in the cost of the custody evaluation. An?ree 2-Z G- f_Cp;rs ?'1}?b111?S}II?,J?? J k='-103 01NV 1830 :;ice U ..'1 ! c3S (FLU 'yin 3H! .40 BY THE COURT: MICHAEL VINCENT SPADAFORE, IN THE COURT OF COMMON PLEAS, Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NANCY LOUISE GRAY C.) c:z : NO. 2008 - 2493 Defendant : IN CUSTODY z M rr i r cry o p r-, CD STIPULATION C` C., co "- THIS STIPULATION is made this 13'h day of September 2011, by and between MICHAEL VINCENT SPADAFORE (hereinafter "Father") of Cumberland County, Pennsylvania, and NANCY LOUISE GRAY (hereinafter "Mother") of Cumberland County, Pennsylvania; WITNESSETH: WHEREAS, the parties hereto are the natural parents of Lauren Terri Michelle Spadafore, born September 29d, 2002, age 8 years and Jordan James Spadafore, September 28', 2003, age 7 years (hereinafter "Children"); and WHEREAS, a custody trial is currently scheduled for October 26', 2011 to address Mother's Petition for Modification of Custody Order filed on March 30te, 2011; WHEREAS, Father filed a Petition for a Protection from Abuse Order on July 11, 2011 on behalf of the Children against Mother; and WHEREAS, Father and Mother having reached an agreement on August 51, 2011 regarding the pending Protection from Abuse hearing and Temporary Protection from Abuse (PFA) Order and the best interest and welfare of their minor children, IT IS NOW STIPULATED AND AGREED that this stipulation and agreement will not resolve the current custody action, that Father's Answer to the Rule to Show Cause is still due on August 181, 2011 and the custody trial will still be held on October 26', 2011. IT IS FURTHER STIPULATED AND AGREED that Father will contemporaneously with the filing of this Stipulation and Agreement, file a Petition to withdraw the PFA Action and vacate the Temporary PFA Order. IT IS ALSO STIPULATED AND AGREED that Father and Mother shall not physically discipline the Children in any way and they will not allow any other person to physically discipline the children. IT IS ALSO STIPULATED AND AGREED that at no time shall the children be permitted to be in the presence of mother's friend, jimmy Parks. IT IS ALSO STIPULATED AND AGREED that the Court shall enter the attached Order to resolve the Protection from Abuse matter now pending between Father and Mother. They represent that either their attorney has reviewed the proposed Order with them, or that they had an opportunity to obtain a lawyer to do so. IN WITNESS WHEREOF, the parties have set their hands and seals on the date first written above. Mother Mother: Nancy Louise Gray -?? W ?i -W- AkN111 sip.mm Attorney for Mother /,aa/%44ttomey: Tabetha A. Tanner (in PFA and Couody) sigim um 1 Father sirmwe Attorney for Father (in PFA) Father: Michael Vincent Spadafore Attorney: Abraham Prozesky MICHAEL VINCENT SPADAFORE, Plaintiff IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA V. NANCY LOUISE GRAY Defendant PRIOR JUDGE: ALBERT H. MASLAND, J. CIVIL ACTION - LAW NO. 2011 - 5392 PFA PETITION TO VACATE ORDER AND WITHDRAW ACTION rn CD C/) -urn AND NOW Plaintiff, Michael Vincent Spadafore, by and through his attorney, Abraham Prozesky, and requests that the Court vacate the 'Temporary Protection From Abuse Order in the above-captioned case and that the action be withdrawn on the grounds that: 1. A Tempoarary Protection From Abuse Order was entered on July 1, 2011, by the Honorable Albert H. Masland, J. 2. Plaintiff requests that the Temporary Protection From Abuse Order be vacated and the action withdrawn without prejudice to him. 3. A certified copy of this Order will be provided to the Police Department by attorney for Plaintiff. WHEREFORE, Plaintiff requests that the Court grant the relief requested and vacate the Order, and that the action be withdrawn without prejudice to Plaintiff. RESPECTFULLY SUBMITTED ABRAK. ;ESQ 674 STO COURT HU LSTOWN, PA 17036 TEL: 17-982-1532 VERIFICATION The above-named Plaintiff/Petitioner, Michael V. Spadafore, Sr., verifies that the statements made in the attached Complaint/Petition/Motion are true and correct. Plaintiff/Petitioner understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. 11 Date: G ? Zdl Signature: ;?Nq Michael V. Spadafore, Sr., Plaintiff TANNER LAW OFFICES, LLC 3507 Market Street, Suite 303 Camp Hill, PA 17011 Telephone: (717) 731-8114 Facsimile: (717) 731-8115 7r[ (ea Az Pr ono ,io l t bCT lp 4m l riA fcuv,Wx1 a*Ld- Caa4? Pew NANCY GRAY, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-2493 MICHAEL V. SPADAFORE, SR., : CIVIL ACTION - CUSTODY Respondent MOTION FOR CONTINUANCE AND NOW, comes the Plaintiff, Nancy Gray, by and through her attorney, Tanner Law Offices, LLC, and pursuant to Pa. R.C.P. No. 216 respectfully moves this Court to continue the Custody Trial set forth in this matter and represents the following: 1. A custody trial is scheduled in this matter for October 26, 2011. 2. The parties were ordered to participate in a custody evaluation with Kasey Sheinvold, Psy.D., M.B.A., pursuant to the Order of Court dated August 29, 2011. 3. Plaintiff had her initial appointment with the custody evaluator on September 26, 2011. 4. As of the filing of this Motion, Defendant has not participated in the custody evaluation process. 5. Mr. Sheinvold intends to meet with each party 4-5 times. The custody evaluation will not be completed by the October 26, 2011. 6. On October 5, 2011, Counsel for Defendant notified Plaintiff's Counsel that he is filing a Motion to Withdraw his appearance in this case. Defendant's counsel suggested that a continuance would give Defendant time to find new counsel. 7. No hearing is requested. 8. No Discovery is necessary. WHEREFORE, Defendant respectfully request that this case be continued to a date after January 2012. Respectfully submitted, 4. -/ax,,? Tabetha A. Tanner, Esquire Attorneys for Defendant Supreme Court I.D. No.: 91979 NANCY GRAY, PLAINTIFF V. MICHAEL V. SPADAFORE, SR., DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-2493 CIVIL ORDER OF COURT AND NOW, this 11th day of October, 2011, upon consideration of the Plaintiff's Motion for Continuance, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before October 21, 2011; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, the Court will determine if further Order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. Tabetha A. Tanner, Esquire Attorney for Plaintiff Ll Benjamin Andreozzi, Esquire Attorney for Defendant bas P-,-C ma' :--a SH Q c-? cs (--) -> 1 By the Court, + a MICHAEL VINCENT SPADAFORE, § IN THE COURT OF COMMON PLEAS OF Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA § v. § NO. 2008-2493 § ~ NANCY LOUISE GRAY, § CIVIL ACTION - CUSTODY Defendant i .,r-..; 7? PETITIONER'S MOTION TO MAKE RULE ABSOLUTE AND NOW, comes the Petitioner, Nancy Louise Gray, by and through her attorney, Tanner Law Offices, LLC, and moves this Honorable Court to grant her Motion to Make Rule Absolute, and in support thereof, presents the following: 1. On October 6, 2011, Petitioner filed a Motion for Continuance requesting the case be continued until 2012 to give the custody evaluator.adequate time to prepare a recommendation for the Court. 2. On October 11, 2011, the Court issued an Order directing the Defendant to show cause, on or before, October 21, 2011, as to why Petitioner's Motion for Continuance should not be granted. 3. Defendant has failed to file an answer to the Motion for Continuance. WHEREFORE, Petitioner respectfully requests this Honorable Court grant Petitioner's Motion for Continuance and enter the proposed Order attached hereto. Respectfully submitted, ~ Tabetha A. Tanner, Esquire Supreme Court I.D. No.: 91979 MICHAEL VINCENT SPADAFORE, § IN THE COURT OF COMMON P Plaintiff LEAS OF § CUMBERLAND COUNTY, PENNSYLVANIA § V. § NO. 2008-2493 NANCY LOUISE GRAy, § Defendant § CIVIL ACTION - CUSTODY § CERTIFICATE OF SERVICE I HEREBY CERTIFY THAT I served a copy ofthe Petitioners's Petition to Make Rule Absolute, filed in the above-captioned matter, upon Defendant's Counsel and Defendant b Y regular U.S. mail, addressed as follows: Mr. Benjamin Andreozzi, Esquire 215 Pine Street Harrisburg, Pennsylvania 17101 Mr. Michael V. Spadafore, Jr. 115 Mountain View Road Enola, PA 7025 Date Tabetha A. Tanner, Esquire Supreme Court I.D. No.: 91979 NANCY GRAY, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA -; , .:a MICHAEL V. SPADAFORE, SR., DEFENDANT NO. 08-2493 CIVIL ORDER OF COURT T -? AND NOW, this 261h day of October, 2011, upon consideration of the Mic hael Spadafore's Motion to Appoint Guardian Ad Litem; IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon Plaintiff, Nancy Gray, to show cause why the relief requested should not be granted; 2. The Plaintiff will file an answer on or before November 14, 2011; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, the Court will determine if further Order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. M. L. Ebert, Jr., Tabetha A. Tanner, Esquire Attorney for Plaintiff Jason Kutulakis, Esquire Attorney for Defendant oopies- 10 bas By the Court, I• ~ c NANCY GRAY, § IN THE COURT OF COMMON PLEA§~% ~ rn'_- Plaintiff § CUMBERLAND COUNTY, PENNSYLX^IA< ~,-"-n § v. NO. 2008-2493 r- 2: 1 ° -n ~ § =C:) MICHAEL VINCENT SPADAFORE § CIVIL ACTION - CUSTODY °.'g Defendant ~ . ANSWER TO DEFENDANT'S MOTION TO APPOINT GUARDIAN AD LITEM AND NOW comes the Plaintiff, Nancy Gray, by and through her attorney, Tanner Law Offices, LLC and answers as follows: ~i 1. Admitted. 2. Admitted. Plaintiff answers further that a hearing on Plaintiff s Petition for Modification was scheduled for October 26, 2011, but further avers that Plaintiff s Motion for Continuance was granted and the modification hearing is now scheduled for March 22, 2012. 3. Admitted. 4. Admitted. 5. Denied. 6. Denied. 7. Admitted. Answering further, the abuse by the ex-boyfriend occurred four years ago. Plaintiff cooperated fully, and in fact, assisted the prosecution in convicting and sending the perpetrator to prison. Plaintiff has not communicated with the perpetrator since that time, over four years ago. Neither child nor the Plaintiff has had ANY contact with Mr. Blazevic in more than four years. They are not in any harm while at the Plaintiffl s current home. ~ 8. Admitted in part and denied in part. Plaintiff admits that Jordan was hit by a whiffleball on June 18, 2011 while Jordan and Jimmy Parks were "horseing" around. Planitiff denies that the child had significant bruises. Planitiff further answers that there was no malice or abuse, rather, the incident was accidental, in the course of mutual, playful horse play. I 9. Admitted in part and denied in part. Plaintiff admits that a report was PrePared bY Dr. Brent in ~ November of 2008. Plaintiff denies that this report has any substantive relevance to the current custody action or the request for a Guardian Ad Litem. Plaintiff further answers that she was provided a copy of a report from Dr. Brent wherein she diagnosed Jordan with post traumatic stress disorder in 2008 as a result of the abuse from Mr. Blazevic in 2007, whom Plaintiff cooperated in convicting. Mr. Blazevic has had NO contact with the Plaintiff nor the children in more than four years. It is also important to note, that despite the assertion in her report that she would obtain information from the "parents", Dr. Brent only interviewed Defendant, Defendant's sister, and a few teachers who had known Jordan for a only a few months. Inexplicably, Dr. Brent never interviewed Plaintiff, with whom the children primarily resided at the time. It is also important to note that there is no current diagnosis for Post Traumatic Stress Disorder. Also, the report was completed in November of 2008, two months after Jordan began Kindergarten for the purpose of determining whether or not he should be provided education placement. It was determined that Jordan did not meet the criteria to be identified as a student with a disability. 10. Denied. Plaintiff has no knowledge that Dr. Graybill intends to render his professional opinion regarding visitation. Answering further, Dr. Graybill is not preparing a custody evaluation, but is simply the children's psychologist. The parties are court ordered, via an Order of Court dated August 29, 2011 to participate in a custody evaluation through Dr. Kasey Sheinvold. Despite this Order of Court, and the passing of 2'/z months, Defendant has refused to participate in the evaluation ~ i process. Plaintiff is in the process of preparing a Motion for Contempt due to Defendant's violation of this Order. 11. Admitted. Plaintiff answers further that the parties have been ordered to participate in a indenpendent custody evaluation with Dr. Kasey Sheinvold. As of the filing of this Motion, Defendant has not cooperated in the custody evaluation. To date, Defendant has not scheduled an appointment with Mr. Sheinvold. Plaintiff has participated fully in the evaluation and is willing to ; continue in the evaluation process once Defendant has begun the process. Plaintiff answers further ' that the parties are of limited financial resources. Defendant opposed the appointment of a custody evaluator stating that he did not have the financial resources to pay for one-half of the cost of the custody evaluation. Defendant stated that the reason that he did not even respond to Plaintiff's Motion to Appoint Custody Evaluator was because he did not have the financial means to pay his attorney to respond. Both parties have limited resources. The parties are unable to contribute to the cost of a guardian ad litem in addition to financing the custody evaluation and the legal fees associated with this custody action. The custody evaluation process will provide the court with an independent recommendation for custody that will be in the best interest of the children. Any additional benefit to be obtained by appointing a guardian ad litem is out-weighed by the financial burden that will be incurred by both parties who simply cannot afford this unnecessary expense. WHEREFORE, Plaintiff respectfully requests that the court deny Defendant's Motion to Appoint Guardian Ad Litem. Respectfully submitted, / a&_64 4 /Cl/Jl/l2o2, Tabetha A. Tanner, Esquire Supreme Court I.D. No.: 91979 R' NANCY L. GRAY vs. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL V. SPADAFORE Defendant 2008-2493 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT C-) c ca zm xx' mar= -a r m ? x' ca xCC crt >' AND NOW, this ?G day of ? trLr WN%u , 2011, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father shall contact Kasey Shienvold's office to pay his share of the custody evaluation costs and to schedule his initial appointment before January 1, 2012. 2. If the Father has not contacted Dr. Shienvold's office by January 1, 2012 and has not paid his one-half share of the evaluation costs by that date, the Father shall be responsible to pay all of the costs of the custody evaluation. 3. The parties and counsel shall attend a follow-up custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on January 4, 2012 at 3:30 p.m. to address issues related to the custody schedule and further address the Mother's request for reimbursement of legal fees to enforce the Court's Order. 4. If the Father's counsel verifies that the Father has paid his court ordered share of the custody evaluation costs and has scheduled his first appointment by January 1, 2012, the Father's counsel may contact the conciliator to cancel the follow-up custody conciliation conference. BY THE COURT, S, I UA M. L. Ebert Jr. J. cc: ? Tabetha A. Tanner Esquire - Counsel for Mother Kara W. Haggerty Esquire - Counsel for Father Cop,c`` M4,1,ld 11W11d NANCY L. GRAY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2008-2493 CIVIL ACTION LAW MICHAEL V. SPADAFORE Defendant IN CUSTODY Prior Judge: M. L. Ebert Jr. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Lauren Spadafore January 29, 2002 Father Jordan Spadafore September 28, 2003 Father 2. A custody conciliation conference was held on December 20, 2011, with the following individuals in attendance: the Father's counsel, Kara W. Haggerty Esquire, and the Mother's counsel, Tabetha A. Tanner Esquire. The Father was unable to attend the conference due to an emergency at work and it was not clear at the time of the conference why the Mother did not attend. 3. The Mother filed this Petition for Contempt seeking to enforce the Order of this Court dated August 29, 2011 (on the Mother's Petition for Appointment of Custody Evaluator) ordering the parties to immediately contact Kasey Shienvold to initiate the custody evaluation process, to fully cooperate with the evaluation and to equally pay for the costs. 4. The Father's counsel represented that the Father has indicated that he is not able to afford the costs of the custody evaluation and that he believes it should not be necessary as there are psychologists and school counselors involved in the matter as well. 5. The Mother's counsel proposed that either the Father should complete the evaluation as ordered by the Court or agree to expand the Mother's periods of custody with the Children to a shared schedule. The Mother does not believe that the Father should be able to block the process which has been ordered by the Court to assess the Children's needs with regard to expansion of the Mother's custodial time and at the same time refuse to work cooperatively with the Mother in making changes to the schedule. The Mother's counsel pointed out that the Father has already delayed resolution of the Mother's request for expanded custody by several months and should not be permitted to flaunt the Court's directive further. 6. Based upon the discussions with counsel at the conciliation conference and this Court's prior Order dated August 29, 2011, the conciliator recommends an Order in the form as attached. Date Dawn S. Sunday, Esquir Custody Conciliator 9- OF THE PRO THO?j,CT?,Ry 2?112 MAR 20 AM 9: 24 CUM$ERLANO COUNTY PENNSYLVANIA Tanner Law Offices, LLC 3507 Market Street, Suite 303 Camp Hill, PA 17011 Phone: (717) 731-8114 Fax (717) 731-8115 NANCY GRAY, V. Petitioner MICHAEL V. SPADAFORE, SR., Respondent K IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-2493 CIVIL ACTION - CUSTODY ORDER AND NOW, this ,I'/ day of , 2012, upon consideration of Plaintiff's Motion for Continuance, IT IS HEREBY ORDERED that the Custody Trial in the above-captioned matter is continued until the o) day of 2012, at awL?p.m. apio ;0 i I o BY THE COURT: NANCY GRAY, IN THE COURT OF COMMON PLEAS OF ', PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL V. SPADAFORE, SR., DEFENDANT N0.08-2493 CIVIL ORDER OF COURT AND NOW, this 4~' day of September, 2012, IT IS HEREBY ORDERED AND DIRECTED that the third day of testimony in this case will now be held on Monday, September 24, 2012, at 9:00 a.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. M. L. Ebert, Jr., f Tabetha Tanner, Esquire Attorney for Plaintiff ~ Kara Haggerty, Esquire Attorney for Defendant bas ([1P` 25 f1~,"tad 9~u~/~. ~G ~ ~j C "Q~ y ---~ ~ .r ~ ~ ~ c-. _ ~. ~. zo ~~ ~ ca , pc: ~ ~ -~ By the Court, MICHAEL VINCENT SPADAFORE • IN THE COURT OF COMMON PLEAS Plaintiff • CUMBERLAND COUNTY, V. C., PENNSYLVANIA , �� NANCY LOUISE GRAY • 2008-2493 CIVIL ACTION LAWS -r� Defendant : IN CUSTODY ---t: nr-. c . STIPULATION FOR CUSTODY ..a AND NOW come the parties, Michael Vincent Spadafore, and Nancy Louise Gra having reached an agreement regarding a modification of custody, and who aver as follows: 1. The Plaintiff is Michael Vincent Spadafore, who is represented on a pro bono basis, in defense of a certain Petition for Contempt filed February 5, 2013, by John F. King, Esq. 2. The Defendant is Nancy Louise Gray, who is represented by Tabetha Tanner, Esq. 3. A Custody Order was issued by this Honorable Court dated December 14, 2012. 4. A Petition for Contempt was filed by Defendant,Nancy Louise Gray, on February 5, 2013. 5. A second Court Order was issued by this Honorable Court dated March 12, 2013, which second Court Order indicated that the terms of the Order dated December 14, 2012 shall remain in effect, except as modified by the Order dated March 12, 2013. 6. Paragraph 5 of the December 14, 2012, Order requires that, "The parties shall utilize the services of Attorney Karen Miller of Cipriani and Warner...as a parenting coordinator...The parties shall be equally responsible for the cost of this service...". 7. Paragraph 2 of the December 14, 2012, Order requires that the Thursday night visitations with Mother shall occur from "...after school until 8:00 PM", 8. The parties are desirous of modifying the terms of the Order of Court dated December 14, 2012, as follows: 2. B.(2)(a) Each Thursday night after school until 7:00 PM. 5. Parenting Coordinator: The parties shall utilize the services of attorney Sandra L. Meilton, of Daly, Zucker, Meilton, Minor and Gingrich, as a parenting coordinator in order to assist them in the implementation of the terms of this Order. Attorney Meilton has agreed to assist the parties on a pro bono basis, the terms of which service shall be dictated by Attorney Meilton. Both Mother and Father shall execute releases for themselves and the children such that the parenting coordinator can discuss with each counselor the attendance and progress of the children and each parent in counseling. 9. The parties respectfully request this Honorable Court to enter the terms of this Stipulation as an Order of Court. WITNESS: `d / 4- Michael Vincent Spadafore (- Mt (5/hala Nancy Louise G y • MICHAEL VINCENT SPADAFORE IN THE COURT OF COMMON PLEAS C-) Plaintiff CUMBERLAND COUNTY, V. c-- PENNSYLVANIA j -rm NANCY LOUISE GRAY 2008-2493 CIVIL ACTION LAWr,— c3c? Defendant IN CUSTODY C:) C-- STIPULATION FOR CUSTODY AND NOW come the parties, Michael Vincent Spadafore, and Nancy Louise Gray, having reached an agreement regarding a modification of custody, and who aver as follows: I The Plaintiff is Michael Vincent Spadafore,who is represented on a pro bono basis, in defense of a certain Petition for Contempt filed February 5,2013,by John F. King, Esq. 2. The Defendant is Nancy Louise Gray,who is represented by Tabetha Tanner, Esq. 3. A Custody Order was issued by this Honorable Court dated December 14, 2012. 4. A Petition for Contempt was filed by Defendant,Nancy Louise Gray, on February 5,2013. 5. A second Court Order was issued by this Honorable Court dated March 12, 2013, which second Court Order indicated that the terms of the Order dated December 14, 2012 shall remain in effect, except as modified by the Order dated March 12, 2013. 6. Paragraph 5 of the December 14, 2012, Order requires that, "The parties shall utilize the services of Attorney Karen Miller of Cipriani and Warner...as a parenting coordinator...The parties shall be equally responsible for the cost of this service...". 7. Paragraph 2 of the December 14, 2012, Order requires that the Thursday night visitations with Mother shall occur from "...after school until 8:00 PM', 8. The parties are desirous of modifying the terms of the Order of Court dated December 14, 2012, as follows: 2. B.(2)(a) Each Thursday night after school until 7:00 PM. 5. Parenting Mediation: The parties shall utilize the services of attorney Sandra L. Meilton, of Daly, Zucker, Meilton, Minor and Gingrich, as a Mediator in order to assist them in the implementation of the terms of this Order. Attorney Meilton has agreed to assist the parties on a pro bono basis, the terms of which service shall be dictated by Attorney Meilton. Both Mother and Father shall execute releases for themselves and the children such that the Mediator can discuss with each counselor the attendance and progress of the children and each parent in counseling. 9. The parties respectfully request this Honorable Court to enter the terms of this Stipulation as an Order of Court. WITNESS: Michael Vincent Spadafore Nancy Louise ray MICHAEL VINCENT SPADAFORE IN THE COURT OF.COMMON PLEAS Plaintiff CUMBERLAND COUNTY, V. PENNSYLVANIA NANCY LOUISE GRAY 2008-2493 CIVIL ACTION LAW Defendant IN CUSTODY ORDER AND NOW,this day of -So%, 2013,upon stipulation of the parties, it is hereby ORDERED and DECREED as follows: 1 The prior Order of this Court dated December 14,2012, as modified by the subsequent Order dated March 12,2013, shall continue in effect except that: (a). The terms contained in paragraph 2. B.(2)(a) shall be: "Each Thursday night after school until 7:00 PM.", and (b). The terms contained in paragraph 5. Parenting Coordinator, shall be modified as follows: " Parenting Mediation: The parties shall utilize the services of attorney Sandra L. Meilton, of Daly, Zucker,Meilton, Minor and Gingrich, as a Mediator in order to assist them in the implementation of the terms of this Order. Attorney Meilton has agreed to assist the parties on a pro bono basis, the terms of which service shall be dictated by Attorney Meilton. Both Mother and Father shall execute releases for themselves and the children such that the Mediator can discuss with each counselor the attendance and progress of the children and each parent in C-) counseling. M Cn CD 72- C.-D C CD 2. That the terms,conditions and provisions of the attached Stipulation for custody entered into by the parties,and executed by the parties,are adopted as an Order of Court. BY THE COURT: C-5 ees irt-a, LL J. L t 12 NANCY GRAY, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO: 2008 - 2493 MICHAEL V. SPADAFORE, SR., : IN CUSTODY DEFENDANT IN RE: CUSTODY ORDER OF COURT AND NOW, this 22"d day of August, 2013, pursuant to 23 Pa.C.S.A. §5323(d) the Court states the following reasons for increasing Mother's physical custody in this case: 1. Father and his sister, Tracy Spadafore, have previously engaged in conduct which alienated the children from the Mother. Both Father and Tracy Spadafore demonstrated a willingness to condone the children's disrespectful behavior toward their mother. Tracy Spadafore, aunt of the children, consciously or unconsciously replaced Mother "as the Mother role for the children." 2. Neither parent presently poses a risk of harm to the children. 3. Both parents are capable of performing satisfactory parental duties on behalf of the children. 4. Both parties have extended family living close by and will be able to utilize this extended family for support and appropriate child-care arrangements if necessary. Mother's son, Lee Gray, who is a half-brother to the children is currently attending college, appears to be very intelligent and mature and would provide a good role model for the children. The children will be able to have a better sibling relationship with their half-brother, if they spend increased time with Mother. 5. While the daughter has expressed a preference to stay with Father and attend East Pennsboro School District, the Court finds that this preference remains in part the result of parental alienation promoted by Father and his sister. The daughter is a very intelligent child and will be capable of transitioning to a new school. The son had no preference in regard to the school he attended. 6. Both parents are likely to maintain a loving, stable, consistent and nurturing relationship with their children. 7. Both parents can attend to the daily physical, emotional, developmental, educational and special needs of the children. 8. Both parents live in fairly close proximity to each other. 9. Each parent demonstrates adequate availability to care for their children. Both are capable of making appropriate childcare arrangements in their absence. 10. The level of conflict between these parties remains significant. 11. At the present time it is important to the welfare of the children that Mother be given an opportunity to establish a significant relationship with the children during the school year. Father will have primary physical custody during the summer vacation period. By the Court, M.L. Ebert, Jr. J. Tabetha Tanner, Esquire , r For Mother Zr- r-131 o Nicole Javitt, Esquire For Father ' 3 � —' . ��, CD NANCY GRAY, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL V. SPADAFORE, SR., DEFENDANT NO. 08-2493 CIVIL ORDER OF COURT AND NOW, this 22nd day of August, 2013, after hearing in this matter regarding the school issue, IT IS HEREBY ORDERED AND DIRECTED that: 1. Legal Custody: Mother and Father shall have shared legal custody of their minor children, Lauren Spadafore, dob: 9/29/02, and Jordan Spadafore, dob: 9/28/03, collectively the "children." The parties agree that major decisions concerning the children's health, welfare, educational, religious training and upbringing shall be made by the parents jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy to arrive at a decision that is in the children's best interest. Each party agrees to keep the other informed of the progress of the children's education and social adjustments. Each party agrees not to impair the other parties' right to share legal custody of the children. Further each party agrees to give support to one another in the role as parents and to take into account the consensus of the other parent for the physical and emotional well-being of the children. Day to day decisions shall be the responsibility of the parent then having physical custody. The parent having physical custody at the time of any emergency shall be permitted to make any immediate decisions necessitated by the emergency. However, that parent shall inform the other of the emergency and consult with him or her as soon as practical. In accordance with 23 Pa. C. S. §5309, each parent shall be entitled to all 1 records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, and the resident 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. All parent information forms shall be completed to reference contact information of both parents. The parties agree not to either attempt to alienate or alienate the affections of the children for the other parent. Each party shall notify the other of any activity that could reasonably be expected to be of significant concern to the other. 2. Physical Custody: A. Mother shall have primary physical custody of the children during the school year. The children will be enrolled in the West Shore School District. B. Father shall have periods of partial physical custody as follows: (1) Each Wednesday night from after school until 8:00 p.m. (2) Alternating weekends beginning September 13, 2013, from after school on Friday until 7:00 p.m. Sunday evening. (3) Summer School Recess - Beginning in 2014 at 7:00 p.m. the first Sunday evening after the last day of school Father shall have primary physical custody of the children. Mother shall have periods of partial physical custody as follows: (a) Each Wednesday night from 5:00 p.m. until 9:00 p.m. (b) Alternating weekends beginning June 13, 2014, on Friday at 7:00 p.m. until Sunday evening at 7:00 p.m. 2 C. Vacation: Mother will be allowed a period of seven days summer vacation with the children to begin on one of her alternating weekends provided she give notice to Father of the dates of the summer vacation on or before the third Friday of May each year. 3. Holidays: A. Thanksgiving: Thanksgiving will be divided into two blocks. Block A will be from after school on the Wednesday before Thanksgiving until 3:00 p.m. Thanksgiving Day. Block B will be from 3:00 p.m. Thanksgiving Day until 7:00 p.m. Friday the day after Thanksgiving. In odd numbered years, Mother will have Block A and Father will have Block B. In even numbered years, Father will have Block A and Mother will have Block B. B. Christmas: The Christmas Holiday will be divided into two blocks. Block A shall be from after school when the children are dismissed for the Holiday recess until December 25 at 2:00 p.m. Block B shall be from December 25 at 2:00 p.m. until New Year's Eve at 7:00 p.m. Mother will have Block A in even numbered years and Father will have Block B. In Odd numbered years Mother will have Block B and Father will have Block A. C. New Year's: New Year's Holiday shall be from New Year's Eve at 7:00 p.m. until New Year's Day at 12:00 p.m. Mother shall have the children for the New Year's Holiday in odd numbered years and Father shall have the Children in even numbered years. The determination of whether the year is odd or even will be controlled by the date on which New Year's Eve occurs. (i.e. December 31, 2012, is an even year). D. Easter: The Easter Holiday shall be divided into two blocks. Block A shall be from after the last day school before the Holiday recess until Easter Sunday at 3 2:00 p.m. Block B shall be from Easter Sunday at 2:00 p.m. until the children return to school at the end of the Easter recess. Mother will have Block A in odd numbered years and Father will have Block B. In even numbered years Mother will have Block B and Father will have Block A. E. Memorial Day: Mother will have custody of the children Memorial Day Weekend from after school on Friday until 6:00 p.m. Monday in even numbered years. Father will have custody of the children for the same time period in odd numbered years. F. Independence Day: Mother will have custody of the children for the Independence Day Holiday from July 3 at 6:00 p.m. until July 5 at 8:00 a.m. in odd numbered years. Father shall have custody of the children for the same time periods in even numbered years. G. Labor Day: Mother will have custody of the children on Labor Day weekend from after school on Friday until 6:00 p.m. Monday in even numbered years. Father will have custody of the children for the same time period in odd numbered years. H. Father's Day: Father will have custody of the children on Father's Day from 9:00 a.m. until 8:00 p.m. I. Mother's Day: Mother will have custody of the children on Mother's Day from 9:00 a.m. until 8:00 p.m. J. Children's Birthdays: The children's birthdays are one day apart. In even numbered years both children will be with Mother from 6:00 p.m. September 28 until 8:00 p.m. on September 29. Father will have custody of the children during the same period in odd numbered years. The Party that does not have custody of the 4 children shall be permitted to contact the child by phone. The custodial parent will insure that the child speaks to the non-custodial parent. K. Precedence: The Holiday and Special Days schedule shall take precedence over any other custodial period set forth herein. 4. Role of Tracy Spadafore: Tracy Spadafore, sister of Father and aunt of the children, must consciously desist from playing an active mother-role for these children. She shall actively promote respectful behavior of the children toward their Mother and not degrade or vilify the Mother in any manner. 5. General Considerations: A. Drugs and Alcohol: During any period of custody or visitation, neither parent shall possess or use any controlled substance, or consume alcoholic beverages to the point of intoxication in the presence of the children. B. No Derogatory Comments: Neither party shall undertake, or permit by any other person, the alienation of the children's minds against the other parent, by conversation or otherwise, any communication that explicitly or implicitly degrades, ridicules, condemns, or in any other way attempts to alienate the affections of the children toward the other parent. At all times, each parent shall encourage and foster in the children a sincere affection for the other parent. C. Telephone Contact: Both parents shall be afforded reasonable telephone contact with the children while in the other parent's custody. To facilitate this requirement each parent shall provide the other parent with a telephone number which when called will be answered. The children shall be permitted private space in which to speak with the calling parent without interference or monitoring by any other person in the household. 5 D. Disciplinary Action: Either parent may take away the childrens' cell phones or IPods for disciplinary purposes. However, even during these disciplinary periods, the child will be allowed to use the cell phone or IPod for at least 20 minutes each day for the purposes of maintaining communication with the non-custodial parent. E. Sports/Extracurricular Activities: No child shall be enrolled or re- enrolled in any sporting activity and/or extracurricular activity without the express consent of both parties. Upon approval by both parties, each party shall ensure that the children participate in the practices and games. Father's sister, Tracy Spadafore, shall not be permitted to attend any practice for the children during Mother's periods of custody. Tracy Spadafore shall be permitted to attend the children's games however, she shall minimize her interaction with the children when their Mother is present. F. Children's Personal Items: the children's personal items and personal property belong to the children. These items and personal property shall be welcomed into each home just at the children are welcomed. Neither household shall prevent or prohibit either child from bringing their items back and forth between households regardless of how, where, or with whose money the items of personal property have been purchased. G. Transportation: The transportation burden shall be shared by the parties. The party receiving custody of the children shall provide transportation for the custodial exchanges, unless the parties mutually agree otherwise, or specifically stated above in this Order. The custodial exchanges shall take place at each party's residence where each party will be permitted to peacefully pick the children up from the other party's respective residence. H. Extended Out of County Trips: In the event either party plans to take the children out of the Cumberland County area on an extended trip lasting more than 2 6 days, the traveling party shall notify the other parent at least 5 days in advance and provide the non-traveling party with contact information so that he or she may communicate with the children while they are out of state. 6. Relocation: No party shall relocate the children if such relocation will significantly impair the ability of the non-relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the 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. By the Court, M. L. Ebert, Jr., J. /Tabetha Tanner, Esquire Attorney for Plaintiff Nicole Javitt, Esquire Attorney for Defendant cI . rn CO bas 7