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HomeMy WebLinkAbout08-320511-403604302008 Franklin County Prothonotary's Office Page 1 PYE10 Civil Case Print Q 2003-00993 CARL E BLACK 4ps) JENNIE E BLACK ?$ 30??? Reference No... Filed......... 4/28/ Case Type...... CUSTODY Time.......... 12:00 Judgment...... .00 Execution Date 0/00/0000 Judge Assigned: Jury Trial.... Disposed Desc.: SETTLED Disposed Date. 2/04/2004 ------------ Case Comments ------------- Higher Crt 1.: Higher Crt 2.: ******************************************************************************** General Index Attorney Info BLACK CARL E PLAINTIFF 132 TIMBER HILL APTS SHIPPENSBURG PA 17257 BLACK JENNIE E DEFENDANT ENGLE JEFFREY B R R #2 BOX 594 PERRY COUNTY NEW BLOONSFIELD PA 17268 ******************************************************************************** * Date Entries ******************************************************************************** - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - 4/28/2003 COMPLAINT FOR CUSTODY FILED. 005 Image page(s) exist(s) for this entry ------------------------------------------------------------------- 5/01/2003 COUNTER COMPLAINT FOR CUSTODY FILED. 005 Image page(s) exist(s) for this entry ------------------------------------------------------------------- 5/05/2003 ORDER OF COURT AND DIRECTIVE FOR CONCILIATION DATED MAY 5 2003 SCHEDULING CONCILIATION CONFERENCE ON JUNE 27 2003 AT 10:00 AM WITH GEORGE E WENGER ESQ AS CONCILIATOR FILED. BY JOHN R WALKER PJ. 004 Image page(s) exist(s) for this entry ------------------------------------------------------------------- 7/03/2003 REPORT OF CONCILIATOR FILED AND SENT UPSTAIRS. 004 Image page(s) exist(s) for this entry ------------------------------------------------------------------- 7/07/2003 ORDER OF COURT APPROVING REPORT OF CONCILIATOR FILED WITH COPIES SENT TO JANICE M HAWBAKER ESQ ON BEHALF OF THE COUNTER PLAINTIFF/ DEFENDANT AND GALEN WALTZ ESQ ON BEHALF OF THE COUNTER DEFENDANT/ PLAINTIFF. BY CAROL L VAN HORN JUDGE. 002 Image page(s) exist(s) for this entry ------------------------------------------------------------------- 2/04/2004 STIPULATION AND AGREEMENT IN CUSTODY WITH ORDER OF COURT DATED FEBRUARY 4 2004 WITH COPIES FILED AND COPIES TO ATTORNEY. BY: CAROL L VAN HORN JUDGE. 008 Image page(s) exist(s) for this entry ------------------------------------------------------------------- 2/25/2008 PETITION TO TRANSFER VENUE FILED AND SENT UPSTAIRS. 014 Image page(s) exist(s) for this entry ------------------------------------------------------------------- 3/03/2008 ORDER OF COURT UPON CONSIDERATION OF PETITION TO TRANSFER VENUE ISSUING A RULE UPON THE RESPONDENT TO SHOW CAUSE FILED. BY DOUGLAS W HERMAN JUDGE. 002 Image page(s) exist(s) for this entry ------------------------------------------------------------------- 3/03/2008 NOTICE OF ENTRY OF ORDER OR DECREE PURSUANT TO PA R.C.P NO 236 NOTIFICATION. THIS DOCUMENT HAS BEEN FILED IN THIS CASE. PROTHONOTARY FRANKLIN COUNTY PA. JEFFREY B ENGLE ESQ VIA REGULAR MAIL. CARL E BLACK VIA REGULAR MAIL. ------------------------------------------------------------------- 3/19/2008 ANSWER TO PETITION TO TRANSFER VENUE FILED WITH COPIES RETURNED TO ATTY WALTZ. 004 Image page(s) exist(s) for this entry ------------------------------------------------------------------- 3/26/2008 MOTION TO MAKE RULE ABSOLUTE FILED WITH COPIES SENT UPSTAIRS. 004 Image page(s) exist(s) for this entry ------------------------------------------------------------------- 113036043C2C08 Franklin County Prothonotary's.Office Pa e PY8510 Civil Case Print g 2003-00993 CARL E BLACK fs) JENNIE E BLACK Reference No... Filed. 4/28/2003 Case Type...... CUSTODY Time.......... 12:00 Judgment...... .00 Execution Date 0/00/0000 Judge Assigned: Jury Trial.... Disposed Desc.: SETTLED Dis osed Date. 2/04/2004 ------------ Case Comments ------------- Higgger Crt 1.: Hi Crt 2.: 3/24/2008 ORDER THAT THE VENUE IN THE MATTER IS HERE BYhTRANSFERRED TO CUMBERLAND COUNTY FILED. BY DOUGLAS W HERMAN JUDGE. ---004 Image page(s) exist(s) for this entry -------------------- _ _ __ -------------------------- 4 23/2008 NOTICE OF ENTRY OF ORDER OR DECREE PURSUANT TO PA R.C.P NO 236 NOTIFICATION. THIS DOCUMENT HAS BEEN FILED IN THIS CASE. PROTHONOTARY FRANKLIN COUNTY PA. JEFFREY B ENGLE ESQ VIA REGULAR MAIL. CARL E BLACK VIA REGULAR MAIL. CUMBERLAND CO PROTHONOTARY VIA CERTIFIED MAIL. (COMPLETE FILE) -------------------- _ ____ -------------------------------- _ 4/30/2008 COMPLETE FILED SENT TO CUMBERLAND COUNTY PROTHONOTARY PER ORDER OF COURT DATED APRIL 23 2008 VIA CERTIFIED MAIL. - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - ******************************************************************************** * Escrow Information * Fees & Debits BeV*Bal ym -j End Bal COMP CSTY NEW 46.00 46.00 .00 DISC 5.00 5.00 .00 P 10.00 10.00 .00 CUST/JC WRIT .50 .5 OUST/ AOPC FEE 4.00 4.0 .000 .00 OUST-AUTO FEE .00 CONCILIATION 5.00 5.00 .00 COPIER COST 200.00 200.00 .00 4.00 4.00 .00 ------------------------ ------------ 274.50 274.50 .00 ******************************************************************************** * End of Case Information ******************************************************************************** Qlatt'00 on 2 of Franklin County, PA o-v CARL E. BLACK, Respondent/Plaintiff, VS. JENNIE E. BLACK, n/k/a JENNIE E. STONER, Petitioner/Defendant 0 IN THE COURT OF COMMON PLEAS FRANKLIN COUNTY, PENNSYLVANIA NO. FR 2003-993 IN CUSTODY ORDER AND NOW, this ay of , 2008, based upon the attached Petition, IT IS HEREBY ORDERED AND DECREED THAT venue in this matter is hereby transferred to Cumberland County, Pennsylvania. BY THE COURT, ? J -1 >T O W C >Z ?U7 (D CD D Distribution: 's Office tar th P Cumberland County Courthouse, One Courthquse?EffiareN ono y ro Carlisle, PA 17013-3387 a Jeffrey B. Engle, Esq. 129 Market Street, Millersburg, PA 17061 * 717-692-2345 (P) 717-692-3554 (F) * jeff@shafferengle.com Mr. Carl E. Black 132 Timber Hill Apts., Shippensburg, PA 17257 Jeffrey B. Engle, Esquire SHAFFER & ENGLE LAW OFFICES 129 Market Street Millersburg, PA 17061 717-692-2345 * phone 717-692-3554 * fax jeff@shafferengle.com 521 Nir%ll 2b P 12: 3b R,0TH1V1GTWY 3 r7jj y CARL E. BLACK, Respondent/Plaintiff, vs. JENNIE E. BLACK, n/k/a JENNIE E. STONER, Petitioner/Defendant IN THE COURT OF COMMON PLEAS FRANKLIN COUNTY, PENNSYLVANIA :NO. FR 2003-993 IN CUSTODY MOTION TO MAKE RULE ABSOLUTE AND NOW, this day of March, 2008, comes the SHAFFER & ENGLE LAW OFFICES and respectfully requests the Petition to Make Rule Absolute be granted and in support thereof, avers as follows: 1. Petitioner filed a Petition to Transfer Venue on February 25, 2008. 2. A Rule to Show Cause was issued by This Honorable Court on March 3, 2008, granting Respondent twenty (20) days from the date of service to show why the Petition should not be granted. 3. Respondent's Counsel, Galen R. Waltz, Esquire, filed an Answer to Petition to Transfer Venue on or about March 17, 2008, neither opposing nor supporting Petitioner's request. 161 CARL E. BLACK : IN THE COURT OF COMMON PLEAS OF Respondant/Plaintiff : FRANKLIN COUNTY, PENNSYLVANIA V. : NO. FR. 2003-993 CIVIL TERM - JENNIE E. BLACK, n/k/a -? JENNIE E. STONER, Petitioner/Defendant : IN CUSTODY- -" C)m -1M M`5- r i ANSWER TO PETITION TO TRANSFER VEN E -' ' A 1. Admitted. 2. Admitted in part and denied in part. It is admitted that Respondent is Carl E. Black, an adult individual; it is denied that he resides at 132 Timber Hill Apartments, Shippensburg, Pennsylvania, 17257. 3. Admitted. 4. Admitted in part. It is admitted that Petitioner currently resides with her husband, Wayne Stoner, the implication that the subject minor children reside with her 24 hours a day 7 days a week is denied; to the contrary, there is a custody order in place where the children in addition do reside with their natural father. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10.Admitted. 11. Paragraph 11 is a legal conclusion therefore no response is required. 12. Admitted. 13. Admitted. • 14. Paragraph 14 is a legal conclusion to which no response is required. WHEREFORE, the Respondent, Carl E. Black neither opposes nor supports the Peitioners request to transfer venue in this matter to Cumberland County. Respectfully submitted, DATE 28 South Pitt Street Carlisle, PA 17013 717-245-9688 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Answer to Petition to Transfer Venue are true and correct. I understand that false statements herein made are subject to the penalties of Pa.C.S. §4904 relating to unsworn falsification to authorities. S-119-01 Date Cv Z. X-L Carl E. Black u CERTIFICATE OF SERVICE I, Galen R. Waltz, Esquire hereby certify that I served a true and correct copy of the Answer to Petition to Transfer Venue, by first class and depositing same in the United States Mail, postage pre-paid on the _1 day of 2001, from Carlisle, Pennsylvania, addressed as follows: Jeffrey B. Engle, Esquire Shaffer & Engle Law Offices 129 Market Street Millersburg, PA 17061 TURO LAW OFFICES a R. Waltz, sc 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff Cr/ PRO THONG TAR Y FRA?,Jq tp4 r0Ut4TYPA 1008 MAR -3 P 2: 14 PRO HONOT RY DEPUTY ,?, IN THE COURT OF COMMON PLEAS OF THE 39"ff JUDICIAL DISTRICT OF PENNSYLVANIA - FRANKLIN COUNTY BRANCH CARL E. BLACK, Respondent/Plaintiff vs. JENNIE E. BLACK, n/k/a JENNIE E. STONER, Petitioner/Defendant Civil Action No. 2003-993 Custody ORDER OF COURT AND NOW, this 3 day of March 2008, upon consideration of the petitioner/defendant's Petition to Transfer Venue, it is hereby ordered that 1. A rule is issued upon the respondent to show cause why the petitioner is not entitled to the relief requested. 2. The respondent shall file a verified Answer to the Petition within twenty (20) days of receipt of service upon the respondent. 3. The petition shall be decided under Pa.R.C.P. No. 206.7 4. Depositions shall be completed within days of the receipt of service upon petitioner of the Answer to the Petition; 5. Hearing and/or argument shall be held on 2008, at o'clock m. in Courtroom No. Franklin County Courthouse, Chambersburg, Pennsylvania. 1 0 s '% • 5. Hearing and/or argument shall be held on , 2008, at o'clock m. in Courtroom No. Franklin County Courthouse, Chambersburg, Pennsylvania. 6. If Items 4 and 5 above are left blank, depositions and or argument or hearing will be considered upon the request of any party; and 7. lVotiee of the entry of this Order shall be provided to all parties by the petitioner. 8. In the case of Preliminary Objections (Local Rule 1028(a)), Motions for Judgment on the Pleadings (Local Rule 1034(a)) and Motions for Summary Judgment (Local Rule 1035(a)), parties shall follow the procedures for disposition set forth in those rules. 2 By the Court, BY THE COURT, Judge • CARL E. BLACK, Respondent/Plaintiff, VS. JENNIE E. BLACK, n/k/a JENNIE E. STONER, Petitioner/Defendant IN THE COURT OF COMMON PLEAS FRANKLIN COUNTY, PENNSYLVANIA :NO. FR 2003-993 IN CUSTODY ORDER AND NOW, this day of , 2008, based upon the attached Petition, IT IS HEREBY ORDERED AND DECREED THAT venue in this matter is hereby transferred to Cumberland County, Pennsylvania. Distribution: Prothonotary's Office Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387 Jeffrey B. Engle, Esq. 129 Market Street, Millersburg, PA 17061 * 717-692-2345 (P) 717-692-3554 (F) * jeff@shafferengle.com Mr. Carl E. Black 132 Timber Hill Apts., Shippensburg, PA 17257 • • Jeffrey B. Engle, Esquire SHAFFER & ENGLE LAW OFFICES 129 Market Street Millersburg, PA 17061 717-692-2345 * phone 717-692-3554 * fax jeff@shafferengle.com T--) -rn v o -n c -v r cam -t; 4 ':0 C) z. o N cn - T `o c-> Q, Z CD C:) o N .." D ? D CARL E. BLACK, Respondent/Plaintiff, vs. JENNIE E. BLACK, n/k/a JENNIE E. STONER, Petitioner/Defendant IN THE COURT OF COMMON PLEAS FRANKLIN COUNTY, PENNSYLVANIA :NO. FR 2003-993 IN CUSTODY PET ION TO TRANSFER VENUE AND NOW, thi day of February, 2008, the following Petition to Transfer Venue by Petitioner, Jennie E. Black, n/k/a Jennie E. Stoner, by and through her attorney, Jeffrey B. Engle, Esquire, and respectfully requests This Honorable Court grant the transfer of venue, and in support thereof, the following is averred: Petitioner is JENNIE E. STONER, an adult individual currently residing at 506 David Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. Respondent is CARL E. BLACK, an adult individual currently residing at 132 Timber Hill Apartments, Shippensburg, Pennsylvania 17257. 3. The Petitioner is the natural mother of subject minor children, Jacob D. Black, age 10, DOB 11/13/97, and MaryAnna E. Black, age 8, DOB 7/22/99. • • 4. Petitioner currently resides with her husband, Wayne Stoner, and the subject minor children, Jacob D. Black and MaryAnna E. Black. The Respondent is the natural father of the subject minor children. 6. Respondent currently resides with his fiancd, Michelle Kline and her daughter, Rebecca Kline. 7. Pursuant to the Order of Court entered on February 4, 2004, the parties share legal custody of the minor children, Jacob D. Black and MaryAnna E. Black, and Petitioner was awarded primary physical custody with Respondent having physical custody on weekends from Friday at 6:00 p.m. until Sunday at 5:00 p.m. except for the second weekend of each month which shall be Mother's weekend. (See copy of Order attached hereto as Exhibit 1.) Petitioner moved to 506 David Drive, Mechanicsburg, Cumberland County, Pennsylvania in June 2005. 9. Respondent did not contest Petitioner's relocation. 10. Petitioner and the subject minor children have lived in Cumberland County for approximately two and one-half (2 %2) years without objection from the Respondent. 11. Petitioner believes that, based upon the fact that she and the subject minor children have lived in Cumberland County for two and one-half (2'/2) years, venue should be transferred to Cumberland County, Pennsylvania. 42 Pa.C.S.A. §6321. 12. Petitioner has not participated as a party or witness, or in another capacity in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. • • 13. Petitioner does not know of a person not a party to the proceeding who has physical custody of the children, or claims to have custody or visitation rights with respect to the children. 14. The best interest and permanent welfare of the children will be served by granting the relief requested. WHEREFORE, the Petitioner, Jennie E. Stoner, respectfully requests that This Honorable Court grant her request to transfer venue in this matter to Cumberland County. Dated: 0? Respectfully submitted, SHAFFER & GLE LAW OFFICES 129 Market eet Millersburg, PA 17061 (717) 692-2345 Attorney for Petitioner, Jennie E. Stoner Feb 21 08 09;38p Wayne Stoner • VERIFICATION 717-731-1525 :J I verify that the averments in this Petition to Transfer Venue are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Dated: '?m ` 0' ?'4avjt J E. Stoner, Petitioner p.2 0 • IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT OF PENNSYLVANIA - FRANKLIN COUNTY BRANCH Carl E. Black, Plaintiff V. Jennie E. Black, now known as Jennie E. Stouffer, Defendant Civil Action - Law v - co F.R. 2003-993 - rn zo i -70 In Custody U ?. G- ORDER OF COURT NOW, rya?r? Lf , 2004, upon consideration of the within Stipulation and Agreement, it is hereby ordered as follows: 1. Plaintiff, Carl E. Black (hereinafter referred to as "Father") and Defendant, Jennie E. Black (hereinafter referred to as "Mother") shall have joint legal custody of Jacob Daniel Black, born November 13, 1997 and of MaryAnna Elizabeth Black, born July 22, 1999. 2. Mother and Father shall share physical custody as follows: A. Mother shall exercise primary physical custody of the children. B. Father shall exercise partial custody on weekends from Friday at 6:00 p.m. until Sunday at 5:00 except for the second weekend of each month which shall be Mother's weekend to exercise custody. C. When Mother obtains full time employment, Father's weekend custody shall change to alternating weekends from Friday at 6:00 p.m. until Sunday at 5:00 p.m. If Mother is not working full time, Father's weekend custody shall be as defined in Paragraph "B" of this Order. 3. Whenever Father is exercising partial custody and is scheduled to work or unable to care for the children, Angie Black will be providing day care. Attel-h A c l<UE Copy • Black v. Black - Page 2 - 4. HOLIDAYS: • No. F.R. 2003-993 Custody A. The holidays of New Year's Day, Memorial Day, 4th of July and Labor Day shall be alternated between the parties as follows: In odd numbered years, Father shall have custody on the 4th of July and New Year's Day; and Mother shall have custody on Labor Day and Memorial Day. In even numbered years the parties shall reverse periods of custody. The time for all periods of custody for these holidays shall be from 6:00 p.m. the day before the holiday to 6:00 p.m. the day of the holiday. B. Easter - In all even numbered years, Mother shall exercise custody of the children on Easter Sunday from 9:00 a.m. until 5:00 p.m. In all odd numbered years Father shall exercise custody of the children on Easter Sunday from 9:00 a.m. until 5:00 p.m. In all odd numbered years if Easter falls on Mother's weekend, Mother and Father shall exchange weekends so that Father exercises custody of the children the entire Easter weekend and Mother exercises custody of the children the entire weekend prior to or after Easter weekend. C. Thanksgiving - In all odd numbered years, Father shall exercise custody of the children from the Wednesday preceding Thanksgiving at 6:00 p.m. until Thanksgiving Day at 2:00 p.m.; and Mother shall exercise custody of the children from Thanksgiving Day at 2:00 p.m. until 6:00 p.m. the Friday following Thanksgiving. In even numbered years the parties shall reverse the periods of custody. D. Christmas - In all odd numbered years, Mother shall exercise custody of the children from December 24th at 2:30 p.m. until December 25th at 2:30 p.m.; and Father shall exercise custody of the children from December 25th at 2:30 p.m. Black v. Black No. F.R. 2003-993 -Page 3 - Custody until December 26th at 6:00 p.m. In all even numbered years, Mother shall exercise custody of the children from December 25th at 2:30 p.m. until December 26th at 6:00 p.m.; and Father shall exercise custody of the children from December 24th at 2:30 p.m. until December 25th at 2:30 p.m. E. Mother's Day/Father's Day - If Mother's Day or Father's Day falls on other that the parties' weekend, then the parties will exchange weekends. 5. Summer Vacation - Father is entitled to exercise three (3) non-consecutive weeks of custody with the children during the summer school vacation. Mother is entitled to exercise three (3) non-consecutive weeks of custody with the children during the summer school vacation. Mother and Father shall endeavor to schedule their vacation weeks to include their regularly scheduled weekend. A week is defined as seven (7) consecutive days. If either party takes an extended vacation out of the area, then the weeks may be consecutive. Each parry will provide the other with thirty (30) days written notice of the vacation dates for all periods. 6. The custodial parent shall not consume alcohol while the children are in her/his custody; nor shall the custodial parent have a blood alcohol level greater than zero while the children are in her/his custody. 7. Neither custodial parent shall speak negatively about the non-custodial parent within the hearing ("earshot') of the children; nor will the custodial parent permit third parties to speak negatively about the non-custodial parent when within the children's hearing distance. The costs in this proceeding have been paid by the Plaintiff. BY THE COURT: l Ccu`o/ fi w J. 0 0 IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT OF PENNSYLVANIA - FRANKLIN COUNTY BRANCH Carl E. Black, Civil Action -Law Plaintiff V. : F.R. 2003-993 Jennie E. Black, now known as Jennie E. Stouffer, Defendant In Custody STIPULATION AND AGREEMENT THIS STIPULATION AND AGREEMENT is made 2004,bYand r. , between Carl E. Black, of Shippensburg, Franklin County, Pennsylvania, hereinafter referred to as Plaintiff and Jennie E. Black, now know as Jennie E. Stouffer, of New Bloomfield, Perry County, Pennsylvania, hereinafter referred to as "Defendant". 1. Plaintiff and Defendant are the natural parents of Jacob Daniel Black, born November 13, 1997 and of MaryAnna Elizabeth Black, bom July 22, 1999. 2. Plaintiff and Defendant were married on June 8, 1986 and separated on February 25, 2003 3. With the exception of the action filed to the above-captioned number and term, neither party has participated as a parry in other litigation concerning the custody of the children in this Court. 4. None of the parties has information of a custody proceeding concerning the children pending in a court of this Commonwealth. 5. None of the parties knows of any person not a party to the proceedings who has physical custody of the children, or claims to have custody or visitation rights with respect to the children. 6. During the past 5 years, the children have resided with the following persons and at the following addresses: Persons Addresses Dates a. Jennie E. Black George and Maryann Stouffer (grandparents) b. Jennie E. Black, Phoebe, Michael and Joseph Pennington c. Jennie E. Black and Carl E. Black d. Jennie E. Black and Carl E. Black R.R.42 Box 594 New Bloomfield, PA 17068 6 Bentzel Drive Mechanicsburg, PA 962 Ashton Drive Shippensburg, PA 17257 144 Wilkison Lane Fayetteville, PA 17222 March 7, 2003 to present February 25, 2003 to March 7, 2003 April 30, 2002 to Feb 25, 2003 birth to April 29, 2003 7. The parties have reached an agreement with regard to the custody of their minor children and desire to reduce their agreement to an Order of Court. NOW THEREFORE, the parties intending to be legally bound and waiving their right to be present when this Agreement and Order are presented and executed, hereby stipulate and agree that the Court may enter the following Order of Court in the above-captioned case: ORDER OF COURT NOW, , 2004, upon consideration of the within Stipulation and Agreement, it is hereby ordered as follows: 1. Plaintiff, Carl E. Black (hereinafter referred to as "Father") and Defendant, Jennie E. Black, now known as Jennie E. Stouffer, (hereinafter referred to as "Mother") shall have joint legal custody of Jacob Daniel Black, born November 13, 1997 and of MaryAnna Elizabeth Black, born July 22, 1999. 2. Mother and Father shall share physical custody as follows: A. Mother shall exercise primary physical custody of the children. 0 • B. Father shall exercise partial custody on weekends from Friday at 6:00 p.m. until Sunday at 5:00 except for the second weekend of each month which shall be Mother's weekend to exercise custody. C. When Mother obtains fulltime employment, Father's weekend custody shall change to alternating weekends from Friday at 6:00 p.m. until Sunday at 5:00 p.m. If Mother is not working fulltime, Father's weekend custody shall be as defined in Paragraph "B" of this Order. 3. Whenever Father is exercising partial custody and is scheduled to work or unable to care for the children, Angie Black will be providing day care. 4. HOLIDAYS: A. The holidays of New Year's Day, Memorial Day, 4th of July and Labor Day shall be alternated between the parties as follows: In odd numbered years, Father shall have custody on the 4th of July and New Year's Day; and Mother shall have custody on Labor Day and Memorial Day. In even numbered years the parties shall reverse periods of custody. The time for all periods of custody for these holidays shall be from 6:00 p.m. the day before the holiday to 6:00 p.m. the day of the holiday. B. Easter - In all even numbered years, Mother shall exercise custody of the children on Easter Sunday from 9:00 a.m. until 5:00 p.m. In all odd numbered years Father shall exercise custody of the children on Easter Sunday from 9:00 a.m. until 5:00 p.m. In all odd numbered years if Easter falls on Mother's weekend, Mother and Father shall exchange weekends so that Father exercises custody of the children the entire Easter weekend and Mother exercises custody of the children the entire weekend prior to or after Easter weekend. C. Thanksmvin? - In all odd numbered years, Father shall exercise custody of the children from the Wednesday preceding Thanksgiving at 6:00 p.m. until Thanksgiving Day at 2:00 p.m.; and Mother shall exercise custody of the children from Thanksgiving Day at 2:00 p.m. until 6:00 p.m. the Friday following Thanksgiving. In even numbered years the parties shall reverse the periods of custody. 0 0 D. Christmas - In all odd numbered years, Mother shall exercise custody of the children from December 24th at 2:30 p.m. until December 25th at 2:30 p.m.; and Father shall exercise custody of the children from December 25th at 2:30 p.m. until December 26th at 6:00 p.m. In all even numbered years, Mother shall exercise custody of the children from December 25th at 2:30 p.m. until December 26th at 6:00 p.m.; and Father shall exercise custody of the children from December 24th at 2:30 p.m. until December 25th at 2:30 p.m. E. Mother's Day/Father's Day - If Mother's Day or Father's Day falls on other that the parties' weekend, then the parties will exchange weekends. 5. Summer Vacation - Father is entitled to exercise three (3) non-consecutive weeks of custody with the children during the summer school vacation. Mother is entitled to exercise three (3) non-consecutive weeks of custody with the children during the summer school vacation. Mother and Father shall endeavor to schedule their vacation weeks to include their regularly scheduled weekend. A week is defined as seven (7) consecutive days. If either party takes an extended vacation out of the area, then the weeks may be consecutive. Each party will provide the other with thirty (30) days written notice of the vacation dates for all periods. 6. The custodial parent shall not consume alcohol while the children are in her/his custody; nor shall the custodial parent have a blood alcohol level greater than zero while the children are in her/his custody. 7. Neither custodial parent shall speak negatively about the non-custodial parent within the hearing ("earshot') of the children; nor will the custodial parent permit third parties to speak negatively about the non-custodial parent when within the children's hearing distance. The costs in this proceeding have been paid by the Plaintiff. BY THE COURT: J. • The parties further agree that, in procuring this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other. IN WITNESS WHEREOF, the-parties, intending to be bound by the terms and conditions of this Agreement, execute this Agreement by signing below. Witness: C GJ ? 6L_r? Carl E. Black PXLA ennie E. Stouff formerly wn as Jennie E. Black I verify that the facts set forth in the above Stipulation and Agreement 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. Date: a - , 2004 e. 1?'U_ Carl E. Black I verify that the facts set forth in the above Stipulation and Agreement 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 unworn falsification to authorities. Date: off- 32004 J ie E. Stouffer CARL E. BLACK, Respondent/Plaintiff, vs. JENNIE E. BLACK, n/k/a JENNIE E. STONER, Petitioner/Defendant • IN THE COURT OF COMMON PLEAS FRANKLIN COUNTY, PENNSYLVANIA NO. FR 2003-993 : IN CUSTODY CERTIFICATE OF SERVICE I, JEFFREY B. ENGLE, ESQUIRE, hereby certify that a true and correct copy of the foregoing Petition to Transfer Venue was sent First Class U.S. Mail to the following: Mr. Carl E. Black 132 Timber Hill Apts Shippensburg, PA 17257 Date: 0? _A ?_ Melissa Wise, Paralegal for Jeffrey B. Engle, Esquire SHAFFER & ENGLE LAW OFFICES 129 Market Street Millersburg, PA 17061 (717) 692-2345 IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT OF PENNSYLVANIA - FRANKLIN COUNTY BRANCH Carl E. Black, : Civil Action -Law Plaintiff V. : F.R. 2003-993 Jennie E. Black, now known as Jennie E. Stouffer, q c Defendant In Custody -: D-a z 4 o c' M o ORDER OF COURT NOW, 1 GY L 2004 upon consideration of the withi Stifp 'tio"nd , , 61 , N Agreement, it is hereby ordered as follows: Cr 1. Plaintiff, Carl E. Black (hereinafter referred to as "Father") and Defendant, Jennie E. Black (hereinafter referred to as "Mother") shall have joint legal custody of Jacob Daniel Black, born November 13, 1997 and of MaryAnna Elizabeth Black, born July 22, 1999. 2. Mother and Father shall share physical custody as follows: A. Mother shall exercise primary physical custody of the children. B. Father shall exercise partial custody on weekends from Friday at 6:00 p.m. until Sunday at 5:00 except for the second weekend of each month which shall be Mother's weekend to exercise custody. C. When Mother obtains full time employment, Father's weekend custody shall change to alternating weekends from Friday at 6:00 p.m. until Sunday at 5:00 p.m. If Mother is not working full time, Father's weekend custody shall be as defined in Paragraph "B" of this Order. 3. Whenever Father is exercising partial custody and is scheduled to work or unable to care for the children, Angie Black will be providing day care. 9 0 Black v. Black No. F.R. 2003-993 - Page 2 - Custody 4. HOLIDAYS: A. The holidays of New Year's Day, Memorial Day, 4th of July and Labor Day shall be alternated between the parties as follows: In odd numbered years, Father shall have custody on the 4th of July and New Year's Day; and Mother shall have custody on Labor Day and Memorial Day. In even numbered years the parties shall reverse periods of custody. The time for all periods of custody for these holidays shall be from 6:00 p.m. the day before the holiday to 6:00 p.m. the day of the holiday. B. Easter - In all even numbered years, Mother shall exercise custody of the children on Easter Sunday from 9:00 a.m. until 5:00 p.m. In all odd numbered years Father shall exercise custody of the children on Easter Sunday from 9:00 a.m. until 5:00 p.m. In all odd numbered years if Easter falls on Mother's weekend, Mother and Father shall exchange weekends so that Father exercises custody of the children the entire Easter weekend and Mother exercises custody of the children the entire weekend prior to or after Easter weekend. C. Thanksgiving - In all odd numbered years, Father shall exercise custody of the children from the Wednesday preceding Thanksgiving at 6:00 p.m. until Thanksgiving Day at 2:00 p.m.; and Mother shall exercise custody of the children from Thanksgiving Day at 2:00 p.m. until 6:00 p.m. the Friday following Thanksgiving. In even numbered years the parties shall reverse the periods of custody. D. Christmas - In all odd numbered years, Mother shall exercise custody of the children from December 24th at 2:30 p.m. until December 25th at 2:30 p.m.; and Father shall exercise custody of the children from December 25th at 2:30 p.m. Black v. Black No. F.R. 2003-993 - Page 3 - Custody until December 26th at 6:00 p.m. In all even numbered years, Mother shall exercise custody of the children from December 25th at 2:30 p.m. until December 26th at 6:00 p.m.; and Father shall exercise custody of the children from December 24th at 2:30 p.m. until December 25th at 2:30 p.m. E. Mother's DU/Father's D y - If Mother's Day or Father's Day falls on other that the parties' weekend, then the parties will exchange weekends. 5. Summer Vacation - Father is entitled to exercise three (3) non-consecutive weeks of custody with the children during the summer school vacation. Mother is entitled to exercise three (3) non-consecutive weeks of custody with the children during the summer school vacation. Mother and Father shall endeavor to schedule their vacation weeks to include their regularly scheduled weekend. A week is defined as seven (7) consecutive days. If either party takes an extended vacation out of the area, then the weeks may be consecutive. Each party will provide the other with thirty (30) days written notice of the vacation dates for all periods. 6. The custodial parent shall not consume alcohol while the children are in her/his custody; nor shall the custodial parent have a blood alcohol level greater than zero while the children are in her/his custody. 7. Neither custodial parent shall speak negatively about the non-custodial parent within the hearing ("earshot") of the children; nor will the custodial parent permit third parties to speak negatively about the non-custodial parent when within the children's hearing distance. 8. The costs in this proceeding have been paid by the Plaintiff. BY THE COURT: 944 J. IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT OF PENNSYLVANIA - FRANKLIN COUNTY BRANCH Carl E. Black, : Civil Action -Law Plaintiff v F.R. 2003-993 Jennie E. Black, now known as : Jennie E. Stouffer, Defendant In Custody STIPULATION AND AGREEMENT THIS STIPULATION AND AGREEMENT is made ---? r-v c , 2004, by and between Carl E. Black, of Shippensburg, Franklin County, Pennsylvania, hereinafter referred to as Plaintiff and Jennie E. Black, now know as Jennie E. Stouffer, of New Bloomfield, Perry County, Pennsylvania, hereinafter referred to as "Defendant". 1. Plaintiff and Defendant are the natural parents of Jacob Daniel Black, born November 13, 1997 and of MaryAnna Elizabeth Black, born July 22, 1999. 2. Plaintiff and Defendant were married on June 8, 1986 and separated on February 25, 2003 3. With the exception of the action filed to the above-captioned number and term, neither party has participated as a party in other litigation concerning the custody of the children in this Court. 4. None of the parties has information of a custody proceeding concerning the children pending in a court of this Commonwealth. 5. None of the parties knows of any person not a party to the proceedings who has physical custody of the children, or claims to have custody or visitation rights with respect to the children. 6. During the past 5 years, the children have resided with the following persons and at the following addresses: Persons a. Jennie E. Black George and Maryann Stouffer (grandparents) b. Jennie E. Black, Phoebe, Michael and Joseph Pennington c. Jennie E. Black and Carl E. Black d. Jennie E. Black and Carl E. Black Addresses R.R.#2 Box 594 New Bloomfield, PA 17068 6 Bentzel Drive Mechanicsburg, PA 962 Ashton Drive Shippensburg, PA 17257 144 Wilkison Lane Fayetteville, PA 17222 Dates March 7, 2003 to present February 25, 2003 to March 7, 2003 April 30, 2002 to Feb 25, 2003 birth to April 29, 2003 7. The parties have reached an agreement with regard to the custody of their minor children and desire to reduce their agreement to an Order of Court. NOW THEREFORE, the parties intending to be legally bound and waiving their right to be present when this Agreement and Order are presented and executed, hereby stipulate and agree that the Court may enter the following Order of Court in the above-captioned case: ORDER OF COURT NOW, , 2004, upon consideration of the within Stipulation and Agreement, it is hereby ordered as follows: 1. Plaintiff, Carl E. Black (hereinafter referred to as "Father") and Defendant, Jennie E. Black, now known as Jennie E. Stouffer, (hereinafter referred to as "Mother") shall have joint legal custody of Jacob Daniel Black, born November 13, 1997 and of MaryAnna Elizabeth Black, born July 22, 1999. 2. Mother and Father shall share physical custody as follows: A. Mother shall exercise primary physical custody of the children. 9 0 B. Father shall exercise partial custody on weekends from Friday at 6:00 p.m. until Sunday at 5:00 except for the second weekend of each month which shall be Mother's weekend to exercise custody. C. When Mother obtains fulltime employment, Father's weekend custody shall change to alternating weekends from Friday at 6:00 p.m. until Sunday at 5:00 p.m. If Mother is not working f illtime, Father's weekend custody shall be as defined in Paragraph "B" of this Order. 3. Whenever Father is exercising partial custody and is scheduled to work or unable to care for the children, Angie Black will be providing day care. 4. HOLIDAYS: A. The holidays of New Year's Day, Memorial Day, 4th of July and Labor Day shall be alternated between the parties as follows: In odd numbered years, Father shall have custody on the 4th of July and New Year's Day; and Mother shall have custody on Labor Day and Memorial Day. In even numbered years the parties shall reverse periods of custody. The time for all periods of custody for these holidays shall be from 6:00 p.m. the day before the holiday to 6:00 p.m. the day of the holiday. B. Easter - In all even numbered years, Mother shall exercise custody of the children on Easter Sunday from 9:00 a.m. until 5:00 p.m. In all odd numbered years Father shall exercise custody of the children on Easter Sunday from 9:00 a.m. until 5:00 p.m. In all odd numbered years if Easter falls on Mother's weekend, Mother and Father shall exchange weekends so that Father exercises custody of the children the entire Easter weekend and Mother exercises custody of the children the entire weekend prior to or after Easter weekend. C. Thanks iving - In all odd numbered years, Father shall exercise custody of the children from the Wednesday preceding Thanksgiving at 6:00 p.m. until Thanksgiving Day at 2:00 p.m.; and Mother shall exercise custody of the children from Thanksgiving Day at 2:00 p.m. until 6:00 p.m. the Friday following Thanksgiving. In even numbered years the parties shall reverse the periods of custody. D. Christmas - In all odd numbered years, Mother shall exercise custody of the children from December 24th at 2:30 p.m. until December 25th at 2:30 p.m.; and Father shall exercise custody of the children from December 25th at 2:30 p.m. until December 26th at 6:00 p.m. In all even numbered years, Mother shall exercise custody of the children from December 25th at 2:30 p.m. until December 26th at 6:00 p.m.; and Father shall exercise custody of the children from December 24th at 2:30 p.m. until December 25th at 2:30 p.m. E. Mother's Day/Father's Day - If Mother's Day or Father's Day falls on other that the parties' weekend, then the parties will exchange weekends. Summer Vacation - Father is entitled to exercise three (3) non-consecutive weeks of custody with the children during the summer school vacation. Mother is entitled to exercise three (3) non-consecutive weeks of custody with the children during the summer school vacation. Mother and Father shall endeavor to schedule their vacation weeks to include their regularly scheduled weekend. A week is defined as seven (7) consecutive days. If either party takes an extended vacation out of the area, then the weeks may be consecutive. Each party will provide the other with thirty (30) days written notice of the vacation dates for all periods. 6. The custodial parent shall not consume alcohol while the children are in her/his custody; nor shall the custodial parent have a blood alcohol level greater than zero while the children are in her/his custody. 7. Neither custodial parent shall speak negatively about the non-custodial parent within the hearing ("earshot") of the children; nor will the custodial parent permit third parties to speak negatively about the non-custodial parent when within the children's hearing distance. The costs in this proceeding have been paid by the Plaintiff. BY THE COURT: J. 0 • The parties further agree that, in procuring this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other. IN WITNESS WHEREOF, the parties, intending to be bound by the terms and conditions of this Agreement, execute this Agreement by signing below. Witness: ej e. NC? Carl E. Black 5AL PWNnAAA1 ennie E. Stouff formerly 61wn as Jennie E. Black I verify that the facts set forth in the above Stipulation and Agreement 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. Date: a - 7 , 2004 C?? Carl E. Black I verify that the facts set forth in the above Stipulation and Agreement 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. Date: 2004 ?Jikelt. Stouffer HAConciliation\2003 Concjy ions\06-27-2003 Black v Black\Report of Conciliator-Black.doc IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT OF PENNSYLVANIA-FRANKLIN COUNTY BRANCH CARL E. BLACK, vs. JENNIE E. BLACK, Respondent/Plaintiff: Petitioner/Defendant: Civil Action - Law No. F.R. 2003-993 Custody ORDER OF COURT NOW, this 7'-""'day of , 2003, upon consideration of the Report of the Conciliator, Georg E. Wenger, Jr., Esquire, and Agreement of Parties Following Conciliation, IT IS ORDERED, as follows: The current Order of Court dated May 5, 2003, shall remain in effect except as set forth herein. 2. Holidays. A. The holidays of New Year's Day, Memorial Day, 4th of July and Labor Day shall be alternated between the parties as follows: In odd numbered years, Father shall have custody on the 4th of July and New Year's Day; and Mother shall have custody on Labor Day and Memorial Day. In even numbered years the parties shall reverse periods of custody. The time for all periods of custody for these holidays shall be from 6:00 p.m. the day before the holiday to 6:00 p.m. the day of the holiday. HosmwsoN & WP.NG = 147 EAST WASIIU ( W STBEET GHAMBE6.4BUH0. PA 17201 PRONE: (717)283-8636 PA : (717) 283-8028 B. Easter- In all even numbered years, Mother shall exercise custody of the children on Easter Sunday from 9:00 a.m. until 5:00 p.m. In all odd numbered years Father shall exercise custody of the children on Easter Sunday from 9:00 a.m. until 5:00 p.m. In all odd numbered years if Easter falls on Mother's weekend, Mother and Father shall exchange weekends so that Father exercises custody of the children the entire Easter weekend and Mother exercises custody of the children the entire weekend prior to or after Easter weekend. o r-ri C r- car ? -r Q `J C) Q 7D cy ? ZD D ? b HAConciliation\2003 Confons\06-27-2003 Black v Black\Report of Conciliator ck.doc Black v. Black F.R. 2003-993 Page 2. Order of Court Custody C. Thanksgiving - In all odd numbered years, Father shall exercise custody of the children from the Wednesday preceding Thanksgiving at 6:00 p.m. until Thanksgiving Day at 2:00 p.m.; and Mother shall exercise custody of the children from Thanksgiving Day at 2:00 p.m. until 6:00 p.m. the Friday following Thanksgiving. In even numbered years the parties shall reverse the periods of custody. D. Christmas - In all odd numbered years, Mother shall exercise custody of the children from December 24 h at 2:30 p.m. until December 25th at 2:30 p.m.; and Father shall exercise custody of the children from December 25th at 2:30 p.m. until December 26th at 6:00 p.m. In all even numbered years, Mother shall exercise custody of the children from December 25th at 2:30 p.m. until December 26 h at 6:00 p.m.; and Father shall exercise custody of the children from December 24th at 2:30 p.m. until December 25 h at 2:30 p.m. E. Mother's Day/Father's Day - If Mother's Day or Father's Day falls on other than the parties weekend, then the parties will exchange weekends. HOSEINSON & WEN6ER 147 E WA8HIIi0 W 91'HHCf CHAMHEHSHUEO, PA 17201 PHONE: (717) 2938535 FAX: (717) 2839029 3. Summer Vacation - Father is entitled to exercise two (2) non-consecutive weeks of custody with the children during the summer school vacation. Mother is entitled to exercise two (2) non-consecutive weeks of custody with the children during the summer school vacation. Mother and Father endeavor to schedule their vacation weeks to include their regularly scheduled weekend. A week is defined as seven (7) consecutive days. If either party takes an extended vacation out of the area, then the weeks may be consecutive. Each party will provide the other with thirty (30) days written notice of the vacation dates for all periods. 4. The parties agree to seek joint counseling for parenting and communication skills with costs not covered by insurance to be divided 50% to each party. 5. The effective date for implementation of this Order of Court is June 27, 2003. By the Court, J. H:\Conciliation\2003 Co0ions\06-27-2003 Black v Black\Report of Conciliator?lack.doc IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT OF PENNSYLVANIA-FRANKLIN COUNTY BRANCH HosmwsoN & WEN6EB 147 FAST WASBTNOTON STREET CHAMBERSBURO. PA 17201 PRONE: (717) 293-8535 PAX: (717)293.9029 CARL E. BLACK, Counter Defendant/Plaintiff: vs. JENNIE E. BLACK, Counter Plaintiff/Defendant: Civil Action - Law 0 M 0 r C ..? No. F.R. 20034E or o cCustody -G p REPORT OF CONCILIATOR g ? D C :X r"' r ° z = w ? o 00 ?D --ice w On June 27, 2003 at 10:00 a.m., the Conciliation was held as scheduled. The Counter Plaintiff/Defendant, Je9nie E. Black, appeared in person and by counsel, Janice M. Hawbaker, Esquirand Counter Defend ant/Plaintig, Carl E. Black, appeared in person and by counsel, Galen Waltz, EsquireVA Memorandum from the Counter Plaintiff was received as required by Local Rules, which is attached hereto, but not from the Counter Defendant. The children, who are the subject of this action, are Jacob Daniel Black, born November 13, 1997, now age 5 and MaryAnna Elizabeth Black, born July 22, 1999, now age 3. Jacob will be in kindergarten this fall at the West Perry Elementary School and MaryAnna will be attending preschool this fall. Counter Plaintiff, Jennie E. Black, natural mother, resides at R.R. 2, Box 594, New Bloomfield, Pennsylvania, where she has resided since March 2003. Counter Plaintiff resides in a 3-bedroom residence, with her parents, George and MaryAnn Stouffer. Counter Plaintiff has been employed by Weight Watchers, as a lecturer/leader, for 1-1/2 years, working 18 hours a week on Tuesday from 9:00 a.m. to 1:00 p.m.; Wednesday from 9:00 a.m. to 1:00 p.m. and 5:00 p.m. to 7:00 p.m.; and Thursday from 3:30 p.m. to 8:30 p.m. Counter Plaintiff is currently looking for full- time employment. Counter Defendant, Carl E. Black, natural father, resides at 962 Ashton Drive, Shippensburg, Pennsylvania, where he has resided since April 2003. Counter Defendant resides in a 3-bedroom residence, by himself. Counter Defendant has been employed by Forrester's Lincoln Mercury, as a mechanic, for 5-1/2 years, working 7:00 a.m. to 5:00 p.m., Monday through Friday, plus 1 Saturday a month from 8:00 a.m. to 1:00 p.m.. Plaintiff and Defendant live approximately 1 hour apart. The parties are still married, however they separated on February 25, 2003. HAConciliation\2003 Con#ions\06-27-2003 Black v Black\Report of Conciliator?ack.doc HossnvsoN & WHNOER 147 EAST WASHINGTON STREET CHAMBEH.SBURG, PA 17201 PHONE (717) 2838535 FAX: (717)2838028 The current Order of Court dated May 5, 2003 provides for shared legal custody with Mother having primary physical custody and Father having partial custody each weekend from Friday at 6:00 p.m. until Sunday at 5:00 p.m., except the second weekend of the month which is Mother's and at such other times as the parties can agree. The parties by agreement between themselves have been exchanging custody in Carlisle. Mother and Father both are seeking primary physical custody. Both are coming forward believing it the best interest of the children will be with them, because they love the children and can supply an appropriate environment for the children. Neither is accusing the other of being an unfit parent. The parties both agreed that at present psychological evaluations were not necessary. Based upon the agreement to disagree on primary physical custody, the parties went forward to discuss holidays and summer vacation periods. Based upon the Agreement of Parties Following Conciliation, Conciliator recommends the attached Order of Court. Conciliator is without sufficient information to recommend which is in the best interest of the children. Obviously, with the parties being in 2 different school districts, Mother in West Perry and Father in Shippensburg, one parent will have primary physical custody and the other will have periods of partial custody. Conciliator believes that this will be a mainly factual determination swaying in the children's best interest. Dated: Respectfully submitted, By: GEORGV WENGE , JR., Q. Franklin/ ton County Con ' i for HOSKINSON & WENGER 147 East Washington Street Chambersburg, PA 17201 Phone - (717)263-8535 Supreme Ct. I.D. No. 19231 4 - IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT OF PENNSYLVANIA-FRANKLIN COUNTY BRANCH CARL E. BLACK, Respondent/Plaintiff: Civil Action - Law vs. JENNIE E. BLACK, Petitioner/Defendant No. F.R. 2003-993 Custody AGREEMENT OF PARTIES FOLLOWING CONCILIATION The above parties being the Plaintiff and Defendant in the custody matter, which has been referred to conciliation, which conference was held on Friday, June 27, 2003, at 10:00 a.m. in front of George E. Wenger, Jr., Custody Conciliator, and the parties stipulate to the following: y: Shared Sole 1. zhysicaulCustody: 2. Shared Primary Partial 3. Holidays: Times: :??- New Year's Day* Easter Daye '?O Z Memorial Day Fourth of July* Labor Day d° o? Thanksgiving Day 0(41 wed --v, / W ,2 /lJ ? ,° 6 aR Christmas Eve > /,?a71 /Nt?.?rrO nZ Christmas* New Year's Eve* Mother's Day ? l? at0 c Father's Day w((( cc> r Child(ren) Birthday- c??d X1.5- U? 4 L,- b4-Y ') 014,vn Or Y M Z)4-)- ` 4. Summe 5. 6. Other: 7. Effective Date: --o7 7' Both parties and counsel for parties, having had an opportunity to read this Stipulation agree that the Custody Conciliator shall prepare a recommendation and Order for signature by the Court consistent with this Agreement. eou"J.4?:- DEFEN GEORG . WENG R, 11.X Custody Conciliator Dated: 4;- 2 7 ' ? IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT OF PENNSYLVANIA-FRANKLIN COUNTY BRANCH Carl E. Black, Civil Action - Law Plaintiff/Counter Defendant : vs. No. F.R. 2003-993 Jennie E. Black, Defendant/ Counter Plaintiff Custody CONCILIATION MEMORANDUM PURSUANT TO RULE 39-1915.3(b) MEMORANDUM Defendant/Counter Plaintiff Jennie E. Black, by her attorney Janice M. Hawbaker, Esquire, pursuant to Rule 39-1915(b)(8) of the Local Rules of Civil Procedure, hereby submits her Conciliation Memorandum. 1. BACKGROUND OF CASE: Jennie E. Black, Defendant/Counter Plaintiff, (hereinafter referred to as Mother) and Carl E. Black, Plaintiff/Counter Defendant (hereinafter referred to as Father) married on June 8, 1996 and separated on or about February 25, 2003. They are the parents of Jacob Daniel Black, born November 13, 1997 and of MaryAnna Elizabeth Black, born July 22, 1999. Father initiated a custody action by filing a custody Complaint on or about April of 2003. Mother filed a Counter Complaint. The Honorable Judge John R. Walker established a temporary custody Order on or about May 5, 2003 whereby mother and father share legal custody of the children and share physical custody of the children. The children reside primarily with mother and father exercises custody of the children from Friday at 6:00 p.m. until Sunday at 5:00 p.m. every weekend except for the second weekend of each month. The temporary Order further dictated that neither parent was to consume alcohol while the children were in their custody or prior to the children being in their custody. Father continues to reside at the marital home in Shippensburg, Pennsylvania. Said home is a three bedroom home. Mother resides with her parents, George and Maryann Stouffer and the children in New Bloomfield, Pennsylvania. The home is a three bedroom home and the children share a bedroom at that home. Father works for Forrester Lincoln Mercury from 7:00 a.m. until 5:00 p.m. Monday through Friday. Mother works part time for Weight Watchers on Tuesdays from 9:00 a.m. until 2:00 p.m., on Wednesdays from 9:00 a.m. until 2:00 p.m. and from 5:00 p.m. until 7:00 p.m. and on Thursdays from 3:30 p.m. until 8:30 p.m. Mother has been the primary caretaker of the children since birth and the children have rarely been in any kind of daycare setting. • • Mother and father currently reside in separate school districts. Father resides in the Shippensburg School District and mother resides in the West Perry School District. Jacob is scheduled to start kindergarten in August, 2003. Mother is essentially satisfied with the current arrangement but would like to address holidays. She would also like to change the time when the children return to her care and custody to an earlier time on Sundays once school commences. She would further like to have common ground rules and bedtimes at both homes so that the children can better transition back and forth between the homes. Mother is willing to go to counseling with father to work on co-parenting issues. II. NAME AND AGES OF CHILDREN: Name Age Jacob Daniel Black 5 years old MaryAnna Elizabeth Black 3 years old III. PROPOSED ORDER FOR RESOLUTION: OrderCounter. Plaintiff proposes that this matter be resolved as outlined in attached proposed . IV. ISSUES FOR RESOLUTION: I . What type of custody arrangement is in the best interest of the children? 2. Would counseling for co-parenting issues be beneficial for mother and father? V. HOME STUDIES: None requested at this time. VI. PSYCHOLOGICAL EVALUATIONS: None requested at this time but Counter Plaintiff would suggest that Counter Plaintiff and Counter Defendant seek counseling for co-parenting issues. Respectfully submitted, KAMINSKI & HAWBAKER - Date:__z -s =d By: 1#14 anice M. Hawb er, Esquire Attorney for Counter Plaintiff IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT OF PENNSYLVANIA - FRANKLIN COUNTY BRANCH Carl E. Black, :Civil Action -Law Plaintiff/Counter Defendant V. : F.R. 2003-993 Jennie E. Black, Defendant/Counter Plaintiff In Custody ORDER OF COURT AND NOW this _ day of , 2003, it is hereby ordered that: 1. Counter Plaintiff Jennie E. Black, ( hereinafter referred to as Mother) and Counter Defendant, Carl E. Black, (hereinafter referred to as Father) shall have joint legal custody of Jacob Daniel Black, born November 13, 1997 and of MaryAnna Elizabeth Black, born July 22, 1999. 2. Mother and father shall share physical custody as follows: a. Mother shall exercise primary physical custody of the children. b. Father shall exercise partial custody on weekends from Friday at 6:00 p.m. until Sunday at 3:30 p.m. except for the second weekend of each month which shall be mother's weekend to exercise custody. c. Father shall be entitled to exercise any additional custody that can be mutually agreed upon. &1k d. In all odd numbered years, mother shall exercise custody of the children from December 24th at 2:30 p.m. until December 25th at 2:30 p.m. In all odd numbered years father shall exercise custody of the children from December 25th at 2:30 p.m. until December 26th at 6:00 p.m. In all even numbered years, mother shall exercise custody of the children from December 25th at 2:30 p.m. • I • Carl E. Black, Plaintiff vs. Jennie E. Black, Defendant No. F.R. 2003-993 -Page 2 - Custody until December 26th at 6:00 p.m. In all even numbered years father shall exercise custody of the children from December 24th at 2:30 p.m. until December 25th at 2:30 p.m. . shall exercise custody of the children until 5:00 p.m. on Thanksgiving I A Day each and every year. Father shall exercise custody of the children from VkAR 5:00 p.m. Thanksgiving Day until 6:00 p.m. on the day after Thanksgiving each and every year. f. In all even numbered years, Mother shall exercise custody of the children on Easter Sunday from 9:00 a.m. until 5:00 p.m. In all odd numbered years father shall exercise custody of the children on Easter Sunday from 9:00 a.m. until 5:00 p.m. In all odd numbered years if Easter falls on mother's weekend, mother and father shall exchange weekends so that father exercises custody of the children the entire Easter weekend and mother exercises custody of the children the entire weekend prior to or after Easter weekend. g. Father is entitled to exercise two nonconsecutive weeks of custody with the children during the summer school vacation. Mother is entitled to exercise two l1 nonconsecutive weeks of custody with the children during the summer school vacation. Mother and Father endeavor to schedule their vacation weeks to include their regularly scheduled weekend. A week is defined as seven consecutive days. Carl E. Black, Plaintiff vs. Jennie E. Black, Defendant - Page 3 - No. F.R. 2003-993 Custody 3. The custodial parent shall not consume alcohol while the children is in his/her custody; nor shall the custodial parent have a blood alcohol level greater than 0 while children are in his/her custody. 4. Neither custodial parent shall speak negatively about the non-custodial parent with in the hearing ("earshot") of the children; nor will the custodial parent permit third parties to speak negatively about the non-custodial parent when within the children's hearing distance. By the Court, J. 0 IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT .,M OF PENNSYLVANIA - FRANKLIN COUNTY BRANCHcn o ? Carl E. Black, Civil Action -' CS E3 Plaintiff/Counter Defendant - xo 0 , ; o Z V. No. F.R. 2003 - 993 .FF .-c o p Jennie E. Black, v Defendant/Counter Plaintiff Custody COUNTER COMPLAINT FOR CUSTODY 1. The Plaintiff/Counter Defendant is Carl E. Black, an adult individual, whose residence is at 962 Ashton Drive, Shippensburg, Franklin County, Pennsylvania, 17257. 2. The Defendant/Counter Plaintiff is Jennie E. Black, an adult individual, whose residence is at R.R.#2, Box 594, New Bloomfield, Perry County, Pennsylvania, 17068. 3. Counter Plaintiff seeks custody of her children: Name Present Residence Age Jacob Daniel Black R.R.#2, Box 594 5 1/2 New Bloomfield, PA 17068 Maryanna Elizabeth Black R.R.#2, Box 594 3 1/2 New Bloomfield, PA 17068 The children were not born out of wedlock. The children are presently in the custody of Jennie E. Black, who resides at R.R.#2, Box 594, New Bloomfield, PA 17068. Since the children's birth, the children have resided with the following persons at the following addresses: Names Addresses Dates a. Jennie E. Black R.R.#2 Box 594 March 7, 2003 to George and Maryann New Bloomfield, PA 17068 present Stouffer (grandparents) b. Jennie E. Black, Phoebe, 6 Bentzel Drive February 25, 2003 to Michael and Joseph Mechanicsburg, PA March 7, 2003 Pennington c. Jennie E. Black and Carl 962 Ashton Drive April 30, 2002 to E. Black Shippensburg, PA 17257 Feb 25, 2003 d. Jennie E. Black and Carl 144 Wilkison Lane birth to April 29, 2003 E. Black Fayetteville, PA 17222 The mother of the children is Jennie E. Black, currently resid ing at the aforementioned address. She is married. The father of the children Carl E. Black, currently residing at the aforementioned address. He is married. 4. The relationship of the Counter Plaintiff to the children is that of mother. The Counter Plaintiff currently resides with the following persons: Jacob Daniel Black son Maryanna Elizabeth Black daughter George and Maryann Stouffer grandparents 5. The relationship of the Counter Defendant to the children is that of father. The Counter Defendant currently resides with the following persons: none • 6. • Counter Plaintiff (hereinafter referred to as "Jennie") has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the children in this or in any other court other than as a Defendant in an action filed by Counter Defendant (hereinafter referred to as "Carl") to the above docketed number. Jennie has no information of a custody proceeding concerning the children pending in a court of this Commonwealth other than that filed to the above docketed number. Jennie does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because: A. Jennie is better able to care for the children, and can provide a more stable environment for them, both of which would be in the best interest and permanent welfare of the children. B. Both children were born in an intact marriage and Jennie and Carl had jointly agreed that Jennie would be the primary care taker for the children as Carl worked full time. C. Pursuant to the aforementioned agreement, Jennie has been the primary care taker of the children since birth and the children have rarely been in any kind of day care setting. D. Carl works at Forrester Lincoln Mercury from 7:00 a.m. until 5:00 p.m. E. Jennie works part-time for Weight Watchers on Tuesdays from 10 a.m. until 1 p.m., on Wednesdays from 9 a.m. until 1 p.m. and from 5 p.m. until 7 p.m., and on Thursdays from 5 p.m. until 8 p.m. 0 • F. Carl drinks a significant amount of alcohol to the point where he has passed out when the children have been with him. G. Carl and Jennie currently reside in separate school districts. Carl resides in the Shippensburg School District and Jennie resides in the West Perry School District. H. Jacob Daniel Black is scheduled to start kindergarten in August 2003. 1. Jennie has always encouraged a relationship between the children and their father and has not withheld the children from being able to see their father. J. Carl has been exercising custody of the children on alternating weekends and one evening a week since March 2003. Jennie has offered additional time with the children to him and he has failed to respond. 8. 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. 9. A copy of this Counter Complaint has been forwarded to Carl's counsel of record, Galen R. Waltz, Esquire, prior to presentation. WHEREFORE, Counter Plaintiff, Jennie E. Black, requests the Court to grant joint legal custody of the children to her and to Counter Defendant, Carl E. Black, to grant shared physical custody of the children to her and to Carl E. Black so that the children would be in the primary physical custody of Jennie E. Black and be in the partial custody of Carl E. Black on alternating weekends from Friday through Sunday and one evening a week. c -, , K, - &- d, J ice M. Hawbaker Attorney for Counter Plaintiff 0 • I verify that the statements made in this Complaint 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. U^ Date: 1 ie E. Black, Counter Plain t-i ff- • • THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT IN OF PENNSYLVANIA - FRANKLIN COUNTY BRANCH C) o rTi Civil Action Black Carl E T o , . Plaintiff/Counter Defendant ° - K J No. F.R. 2003 - 993 v. ?C Jennie E. Black, Defendant/Counter Plaintiff Custody X- ORDER OF COURT AND DIRECTIVE FOR CONCILIA ION 2003. This Order will notify Carl E. Black, da NOW thi of J41 y s /_1 Plaintiff/Counter Defendant that you have been sued in court to obtain custody of the children Jacob Daniel Black, born November 13, 1997 and MaryAnna Elizabeth Black, born July 22, 1999. It is ordered and directed that George E. Wenger, Esquire, the Court's Child Custody Conciliation Officer, is hereby directed to conduct a Conciliation Conference on the 27th day of June, 2003, at 10:00 o'clock A.M. in a conference room located on the third floor of the Franklin County Courthouse, Chambersburg, Pennsylvania. The anticipated length of the Conciliation Conference is one hour. The parties along with their legal counsel shall appear in person at the designated time for the Conciliation Conference. A Memorandum shall be furnished to the Conciliator at least two days prior to the scheduled Conciliation Conference pursuant to 39th Judicial District Civil Rule No. 1915.3(b)(8). Failure to provide said Memorandum may result in the imposition of sanctions. At the Conciliation Conference, an effort will be made to see if the issues can be resolved by an agreement between the parties. If an agreement cannot be reached, the Conciliator will assist in defining and narrowing the issues to reduce the time required for hearing by the Court. • • Carl E. Black, Plaintiff /Counter Defendant vs. Jennie E. Black, Defendant/Cross Plaintiff Page 2 - Custody No. F.R. 2003 - 993 At the conclusion of the conference, the Conciliator will prepare a Conference Summary Report for further action by the Court. You have the right to be represented by an attorney who may attend the Conciliation Conference with you. If you have not secured an attorney by the date of the scheduled Conciliation Conference, you shall nonetheless personally appear at the time scheduled for the Conciliation Conference without an attorney. The Counter Defendant has deposited the sum of $200.00 with the Prothonotary for the cost of the Conciliation Conference and the Court reserves the right to further assign or divide these costs. Counter Defendant, is notified that if you fail to appear as provided by this Order, an Order of Court for Custody, partial custody or visitation may be entered against you or the Court may issue a warrant for your arrest. Pending the hearing, with emphasis placed on the arrangements for the six months preceding the filing of this Complaint and with particular attention paid to the role of primary caretaker, the Court hereby establishes the following temporary Order for custody pending a hearing: 1. Plaintiff and Defendant shall have joint legal custody of Jacob Daniel Black, born November 13,1997 and MaryAnna Elizabeth Black, born July 22,1999. 2. Plaintiff and Defendant shall share physical custody as follows: a. Defendant shall exercise primary physical custody of the children. • • f nrl F Rlack_ Plaintiff /Counter Defendant vs. Jennie E. Black, Defendant/Cross Plaintiff Page 3 - Custody No. F.R. 2003 - 993 b. Plaintiff shall exercise partial custody on weekends from Friday at 6:00 p.m. until Sunday at 5:00 p.m. except for the second weekend of each month, which will be Defendant's weekend to exercise custody. c. Plaintiff shall be entitled to exercise any additional custody that can be mutually agreed upon. 3. The custodial parent shall not consume alcohol while the children are in her/his custody; nor shall the custodial parent have a blood alcohol level greater than zero while the children are in her/his custody. 4. Neither custodial parent shall speak negatively about the non-custodial parent within the hearing ("earshot") of the children; nor will the custodial parent permit third parties to speak negatively about the non-custodial parent when within the children's hearing distance. The Counter Defendant is hereby notified that if he disputes the Counter Plaintiff's averments regarding the current status of the custody arrangement and this Order entered on the basis of those averments, he has the right to request a prompt conference with the Court. If the matter of the temporary custody arrangements is not resolved at the conference, the Court may in atypical factual situations and its sole discretion schedule a brief hearing limited to the issues of determining temporary custody arrangements pending the scheduled Conciliation Conference. The parties and their legal counsel, if applicable, are hereby directed to engage in meaningful negotiations to resolve this matter before the Conciliation Conference. . • • Carl E. Black, Plaintiff /Counter Defendant vs. Jennie E. Black, Defendant/Cross Plaintiff Page 4 - Custody No. F.R. 2003 - 993 YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Pennsylvania Bar Association - Lawyer Referral Service Telephone 1-800-692-7375 (PA ONLY) or 717-238-6715 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Franklin County is required by law to comply with the Americans with Disabilities 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. IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT OF PENNSYLVANIA - FRANKLIN-FULTON COUNTY BRANCH Cart E. Black, :CIVIL ACTION - LAW Plaintiff vi ° :No. F.R. 2003- c z? 4 M -n . { ' Jennie E. Black, -- - Defendant :CUSTODY C °O > CZ) C, COMPLAINT FOR CUSTODY o cp 1. Plaintiff is Carl E. Black, an adult individual whose residence is at 9621 Ashton Drive, Shippensburg, Franklin County, Pennsylvania 17257. 2. Defendant is Jennie E. Black , an adult individual whose residence is at R.R. #2, Box 594, New Bloomfield, Perry County, Pennsylvania 17068. 3. Plaintiff seeks custody of his children: Jacob Daniel Black, born November 13, 1997 and Maryanna Elizabeth Black, born July 22, 1999, currently residing with their mother at the above-referenced New Bloomfield, Perry County, Pennsylvania residence. 4. Since the children's birth, the children have resided at the following addresses: Name Address Dates Jacob Daniel Black 144 Wilkison Lane, Fayetteville, PA Birth to April 29, 2002 R.R. #2, Box 594, February 26, 2003 New Bloomfield PA 17068 to Present 962 Ashton Dr., Shippensburg, PA April 30, 2002 to February 25, 2003 Maryanna Elizabeth Black 144 Wilkison Lane, Fayetteville, PA Birth to April 29, 2002 962 Ashton Dr., Shippensburg, PA April 30, 2002 to February 25, 2003 R.R. #2, Box 594, February 26, 2003 New Bloomfield, PA 17068 to Present 5. The relationship of the Plaintiff to the children is that of natural father. 6. The relationship of the Defendant to the children is that of natural mother. 7. The parties were married on June 8, 1996. 8. The Plaintiff has not participated as a party or in any other capacity, in other litigation concerning the custody of the children in this or any other Court. 9. Since February 25, 2003, the date of separation between Plaintiff and Defendant herein, the Plaintiff has been denied visitation and/or custody of his children. 10. Plaintiff has made numerous requests to the Defendant for visitation with his children, Defendant has acquiesce infrequently to those requests. 11. Plaintiff has no information of a custody proceeding concerning the children pending in a Court of this Commonwealth. 12. The best interest and permanent welfare of the children will be served by granting the relief requested. 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. No other persons are known to have or claim to have any right to custody or visitation of the children other than the parties to this action. The Defendant is being represented in this matter by Attorney Janice M. Hawbaker, Kaminski & Hawbaker, 221 Lincoln Way East, Chambersburg, PA 17201- 2231 14. A copy of this Complaint was mailed first class, postage prepaid to the Defendant at the address of her attorney, Janice M. Hawbaker, Esquire. WHEREFORE, Plaintiff requests this Honorable Court grant Plaintiff's request for shared legal custody and primary physical custody of the minor children, Jacob Daniel Black and Maryanna Elizabeth Black be placed with the Father, Plaintiff. Respectfully Submitted TURO LAW OFFICES - -/-, /// 63 Date en R. Waltz, E ire 28 South Pitt Str t Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Custody Complaint are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. 4_J4-03 Date A pe Carl E. Black CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Complaint for Custody upon Janice M. Hawbaker, Esquire, by depositing same in the United States Mail, first class, postage pre-paid on the f? day of , 2003, from Carlisle, Pennsylvania, addressed as follows: Janice Muller Hawbaker Kaminski & Hawbaker 221 Lincoln Way East Chambersburg, PA 17201-2231 TURO LAW OFFICES Tatefi R. Waltz, Esquir 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff R4 - W L ? The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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. Jeffrey B. Engle, Esquire SHAFFER & ENGLE LAW OFFICES 129 Market Street Millersburg, PA 17061 717-692-2345 * phone 717-692-3554 * fax j eff@shafferengle. com CARL E. BLACK, Plaintiff/Respondent VS. JENNIE E. BLACK, n/k/a JENNIE E. STONER, Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :NO. OF. 3 ;IZs ??-- : IN CUSTODY PETITION TO MODIFY CUSTODY ORDER AND NOW, this day of May, 2008, the following Petition to Modify Custody Order by Petitioner, Jennie E. Black, n/k/a Jennie E. Stoner, by and through her attorney, Jeffrey B. Engle, Esquire, and respectfully requests This Honorable Court grant a Custody Conciliation, and in support thereof, the following is averred: Petitioner is JENNIE E. STONER, an adult individual currently residing at 506 David Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. Respondent is CARL E. BLACK, an adult individual currently residing at 8133 Scenic Drive, Shippensburg, Pennsylvania 17257. 3. The Petitioner is the natural mother of subject minor children, Jacob D. Black, age 10, DOB 11/13/1997 and Maryanna E. Black, age 8, DOB 07/22/99. 4. Petitioner currently resides with her husband, Wayne Stoner, and the subject minor children, Jacob D. Black and Maryanna E. Black. 5. The Respondent is the natural father of the subject minor children. 6. Respondent currently resides in a three-bedroom apartment with his wife, Michelle Kline and her daughter, Rebecca Kline. 7. In September, 2007, Respondent checked into Roxbury Treatment Center for in- patient treatment for alcohol abuse and claimed to be "cured" after three days of treatment. 8. Maryanna and Jacob, the subject minor children, have witnessed Respondent consuming alcohol in violation of the Custody Order 9. Respondent speaks negatively about Petitioner in front of the subject minor children, in violation of the Custody Order. 10. Respondent refuses to participate in children's activities, such as driving children to extracurricular activities with increasing gas prices, while children are in his custody. 11. Petitioner filed a Petition to Transfer with the Court of Common Pleas of Franklin County, Pennsylvania, on February 25, 2008, and an Order was issued granting same on March 23, 2008. (See copy of Order attached hereto as Exhibit 1). 12. Petitioner has not participated as a party or witness, or in another capacity in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 13. Petitioner does not know of a person not a party to the proceeding who has physical custody of the children, or claims to have custody or visitation rights with respect to the children. 14. The best interest and permanent welfare of the children will be served by ordering Respondent to: a. Complete in-patient or out-patient drug and alcohol counseling; b. Submit to random drug and alcohol testing; and c. Complete a parenting course. 15. Petitioner respectfully requests that all of Respondent's visits with the subject minor children be supervised until such time that Respondent has complied with the requirements enumerated in paragraph 15 and the current Custody Order be modified. WHEREFORE, the Petitioner, Jennie E. Stoner, respectfully requests that This Honorable Court grant her request to schedule a Custody Conciliation in this matter. Dated: l v o Respectfully submitted, Millersburg, PA 17061 (717) 692-2345 Attorney for Petitioner VERIFICATION I verify that the averments in this Petition 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. 4904, relating to unswom falsification to authorities. Dated: ?'5 16 l , ?. \ V J me . Stoner, Petitioner CARL E. BLACK, Respondent/Plaintiff, vs. JENNIE E. BLACK, n/k/a JENNIE E. STONER, Petitioner/Defendant IN THE COURT OF COMMON PLEAS FRANKLIN COUNTY, PENNSYLVANIA :NO. FR 2003-993 IN CUSTODY ORDER /11 "2 AND NOW, this U day of 2008, based upon the attached Petition, IT IS HEREBY ORDERED AND DECREED THAT venue in this matter is hereby transferred to Cumberland County, Pennsylvania. BY THE COURT, O - llJ ' - rJ Distribution: - J? Prothonotary's Office Cumberland County Courthouse, One Courthouse &E are Carlisle, PA 17013-3387 Jeffrey B. Engle, Esq. 129 Market Street, Millersburg, PA 17061 * 717-692-2 345 (P) 717-692-3554 (F) * jeff@shafferengle.com Mr. Carl E. Black 132 Timber Hill Apts., Shippensburg, PA 17257 to--;;-LJ Attests, . [1 E COPY LINDA L. BFAF"). i'i;07H0N0rARY e 4 IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT OF PENNSYLVANIA - FRANKLIN COUNTY BRANCH Carl E. Black, V. Plaintiff Jennie E. Black, now known as Jennie E. Stouffer, Defendant Civil Action -Law F.R. 2003-993 In Custody N v ? c ORDER OF COURT NOW, ?j /?cvr-tom l f , 2004, upon consideration of the within Stipulation and Agreement, it is hereby ordered as follows: 1. Plaintiff, Carl E. Black (hereinafter referred to as "Father") and Defendant, Jennie E. Black (hereinafter referred to as "Mother") shall have joint legal custody of Jacob Daniel Black, born November 13, 1997 and of MaryAnna Elizabeth Black, bom July 22, 1999. 2. Mother and Father shall share physical custody as follows: A. Mother shall exercise primary physical custody of the children. B. Father shall exercise partial custody on weekends from Friday at 6:00 p.m. until Sunday at 5:00 except for the second weekend of each month which shall be Mother's weekend to exercise custody. C. When Mother obtains full time employment, Father's weekend custody shall change to alternating weekends from Friday at 6:00 p.m. until Sunday at 5:00 p.m. If Mother is not working full time, Father's weekend custody shall be as defined in Paragraph "B" of this Order. 3. Whenever Father is exercising partial custody and is scheduled to work or unable to care for the children, Angie Black will be providing day care. t- Affect. A r szUE Copy y Black v. Black -Page 2 - No. F.R. 2003-993 Custody 4. HOLIDAYS: A. The holidays of New Year's Day, Memorial Day, 4th of July and Labor Day shall be alternated between the parties as follows: In odd numbered years, Father shall have custody on the 4th of July and New Year's Day; and Mother shall have custody on Labor Day and Memorial Day. In even numbered years the parties shall reverse periods of custody. The time for all periods of custody for these holidays shall be from 6:00 p.m. the day before the holiday to 6:00 p.m. the day of the holiday. B. Easter - In all even numbered years, Mother shall exercise custody of the children on Easter Sunday from 9:00 a.m. until 5:00 p.m. In all odd numbered years Father shall exercise custody of the children on Easter Sunday from 9:00 a.m. until 5:00 p.m. In all odd numbered years if Easter falls on Mother's weekend, Mother and Father shall exchange weekends so that Father exercises custody of the children the entire Easter weekend and Mother exercises custody of the children the entire weekend prior to or after Easter weekend. C. Thanksgiving - In all odd numbered years, Father shall exercise custody of the children from the Wednesday preceding Thanksgiving at 6:00 p.m. until Thanksgiving Day at 2:00 p.m.; and Mother shall exercise custody of the children from Thanksgiving Day at 2:00 p.m. until 6:00 p.m. the Friday following Thanksgiving. In even numbered years the parties shall reverse the periods of custody. D. Christmas - In all odd numbered years, Mother shall exercise custody of the children from December 24th at 2:30 p.m. until December 25th at 2:30 p.m.; and Father shall exercise custody of the children from December 25th at 2:30 p.m. Black v. Black - Page 3 - No. F.R. 2003-993 Custody until December 26th at 6:00 p.m. In all even numbered years, Mother shall exercise custody of the children from December 25th at 2:30 p.m. until December 26th at 6:00 p.m.; and Father shall exercise custody of the children from December 24th at 2:30 p.m. until December 25th at 2:30 p.m. E. Mother's Day/Father's Day - If Mother's Day or Father's Day falls on other that the parties' weekend, then the parties will exchange weekends. 5. Summer Vacation - Father is entitled to exercise three (3) non-consecutive weeks of custody with the children during the summer school vacation. Mother is entitled to exercise three (3) non-consecutive weeks of custody with the children during the summer school vacation Mother and Father shall endeavor to schedule their vacation weeks to include their regularly scheduled weekend. A week is defined as seven (7) consecutive days. If either party takes an extended vacation out of the area, then the weeks may be consecutive. Each party will provide the other with thirty (30) days written notice of the vacation dates for all periods. 6. The custodial parent shall not consume alcohol while the children are in her/his custody; nor shall the custodial parent have a blood alcohol level greater than zero while the children are in her/his custody. 7. Neither custodial parent shall speak negatively about the non-custodial parent within the hearing ("earshot") of the children; nor will the custodial parent permit third parties to speak negatively about the non-custodial parent when within the children's hearing distance. 8. The costs in this proceeding have been paid by the Plaintiff. BY THE COURT: J. IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT OF PENNSYLVANIA - FRANKLIN COUNTY BRANCH Carl E. Black, : Civil Action -Law Plaintiff v. :. F.R. 2003-993 Jennie E. Black, now known as Jennie E. Stouffer, : Defendant In Custody STIPULATION AND AGREEMENT THIS STIPULATION AND AGREEMENT is made } rv 2004, by and between Carl E. Black, of Shippensburg, Franklin County, Pennsylvania, hereinafter referred to, as Plaintiff and Jennie E. Black, now know as Jennie E. Stouffer, of New Bloomfield, Perry County, Pennsylvania, hereinafter referred to as "Defendant". 1. Plaintiff and Defendant are the natural parents of Jacob Daniel Black, born November 13, 1997 and of MaryAnna Elizabeth Black, born July 22, 1999. 2. Plaintiff and Defendant were married on June 8, 1986 and separated on February 25, 2003 3. With the exception of the action filed to the above-captioned number and term, neither party has participated as a party in other litigation concerning the custody of the children in this Court. 4. None of the parties has information of a custody proceeding concerning the children pending in a court of this Commonwealth. 5. . None of the parties knows of any person not a party to the proceedings who has physical custody of the children, or claims to have custody or visitation rights with respect to the children. J 6. During the past 5 years, the children have resided with the following persons and at the following addresses: Persons a. Jennie E. Black George and Maryann Stouffer (grandparents) b. Jennie E. Black, Phoebe, Michael and Joseph Pennington c. Jennie E. Black and Carl E. Black Addresses R.R.#2 Box 594 New Bloomfield, PA 17068 6 Bentzel Drive Mechanicsburg, PA 962 Ashton Drive Shippensburg, PA 17257 Dates March 7, 2003 to present February 25, 2003 to March 7, 2003 April 30, 2002 to Feb 25, 2003 d. Jennie E. Black and Carl 144 Wilkison Lane birth to April 29, 2003 E. Black Fayetteville, PA 17222 7. The parties have reached an agreement with regard..to the custody of their minor children and desire to reduce their agreement to an Order of Court. NOW THEREFORE, the parties intending to be legally bound and waiving their right to be present when this Agreement and Order are presented and executed, hereby stipulate and agree that the Court may enter the following Order of Court in the above-captioned case: ORDER OF COURT NOW, , 2004, upon consideration of the within Stipulation and Agreement, it is hereby ordered as follows: 1. Plaintiff, Carl E. Black (hereinafter referred to as "Father") and Defendant, Jennie E. Black, now known as Jennie E. Stouffer, (hereinafter referred to as "Mother") shall have joint legal custody of Jacob Daniel Black, born November 13, 1997 and of MaryAnna Elizabeth Black, born July 22, 1999. 2. Mother and Father shall share physical custody as follows: A. Mother shall exercise primary physical custody of the children. B. Father shall exercise partial custody on weekends from Friday at 6:00 p.m. until Sunday at 5:00 except for the second weekend of each month which shall be Mother's weekend to exercise custody. C. When Mother obtains fulltime employment, Father's weekend custody shall change to alternating weekends from Friday at 6:00 p.m. until Sunday at 5:00 p.m. If Mother is not working Mtime, Father's weekend custody shall be as defined in Paragraph "B" of this Order. 3. Whenever Father is exercising partial custody and is scheduled to work or unable to care for the children, Angie Black will be providing day care. 4. HOLIDAYS: A. The holidays of New Year's Day, Memorial Day, 4th of July and Labor Day shall be alternated between the parties as follows: In odd numbered years, Father shall have custody on the 4th of July and New Year's Day; and Mother shall have custody on Labor Day and Memorial Day. In even numbered years the parties shall reverse periods of custody. The time for all periods of custody for these holidays shall be from 6:00 p.m. the day before the holiday to 6:00 p.m. the day of the holiday. B. Easter - In all even numbered years, Mother shall exercise custody of the children on Easter Sunday from 9:00 a.m. until 5:00 p.m. In all odd numbered years Father shall exercise custody of the children on Easter Sunday from 9:00 a.m. until 5:00 p.m. In all odd numbered years if Easter falls on Mother's weekend, Mother and Father shall exchange weekends so that Father exercises custody of the children the entire Easter weekend and Mother exercises custody of the children the entire weekend prior to or after Easter weekend. C. Thanksgiving - In all odd numbered years, Father shall exercise custody of the children from the Wednesday preceding Thanksgiving at 6:00 p.m. until Thanksgiving Day at 2:00 p.m.; and Mother shall exercise custody of the children from Thanksgiving Day at 2:00 p.m. until 6:00 p.m. the Friday following Thanksgiving. In even numbered years the parties shall reverse the periods of custody. D. Christmas - In all odd numbered years, Mother shall exercise custody of the children from December 24th at 2:30 p.m. until December 25th at 2:30 p.m.; and Father shall exercise custody of the children from December 25th at 2:30 p.m. until December 26th at 6:00 p.m. In all even numbered years, Mother shall exercise custody of the children from December 25th at 2:30 p.m. until December 26th at 6:00 p.m.; and Father shall exercise custody of the children from December 24th at 2:30 p.m. until December 25th at 2:30 p.m. E. Mother's Day/Father's Day - If Mother's Day or Father's Day falls on other that the parties' weekend, then the parties will exchange weekends. 5. Summer Vacation - Father is entitled to exercise three (3) non-consecutive weeks of custody with the children during the summer school vacation. Mother is entitled to exercise three (3) non-consecutive weeks of custody with the children during the summer school vacation. Mother and Father shall endeavor to schedule their vacation weeks to include their regularly scheduled weekend. A week is defined as seven (7) consecutive days. If either party takes an extended vacation out of the area, then the weeks may be consecutive. Each party will provide the other with thirty (30) days written notice of the vacation dates for all periods. 6. The custodial parent shall not consume alcohol while the children are in her/his custody; nor shall the custodial parent have a blood alcohol level greater than zero while the children are in her/his custody. 7. Neither custodial parent shall speak negatively about the non-custodial parent within the hearing ("earshot") of the children; nor will the custodial parent permit third parties to speak negatively about the non-custodial parent when within the children's hearing distance. 8. The costs in this proceeding have been paid by the Plaintiff. BY THE COURT: J. The parties further agree that, in procuring this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other. IN WITNESS WHEREOF, the-parties, intending to be bound by the terms and conditions of this Agreement, execute this Agreement by signing below. Witness: GJ e, /Yr? Carl E. Black ` %41 `V 'af'r, enni e E. Stouff formerly wn as q_? Jennie E. Black I verify that the facts set forth in the above Stipulation and Agreement 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 unworn falsification to authorities. Date: a - c/ , 2004 C'.? Z. ALc Carl E. Black I verify that the facts set forth in the above Stipulation and Agreement 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 unworn falsification to authorities. Date: '?- , 2004 J 'e E. Stouffer CARL E. BLACK, Respondent/Plaintiff, vs. JENNIE E. BLACK, n/k/a JENNIE E. STONER, Petitioner/Defendant IN THE COURT OF COMMON PLEAS FRANKLIN COUNTY, PENNSYLVANIA NO. FR 2003-993 IN CUSTODY CERTIFICATE OF SERVICE I, JEFFREY B. ENGLE, ESQUIRE, hereby certify that a true and correct copy of the foregoing Petition to Transfer Venue was sent First Class U.S. Mail to the following: Mr. Carl E. Black 132 Timber Hill Apts Shippensburg, PA 17257 Date: ?9 `A - 0 `!) ?t '*?k ? -Yjv-?_e Melissa Wise, Paralegal for Jeffrey B. Engle, Esquire SHAFFER & ENGLE LAW OFFICES 129 Market Street Millersburg, PA 17061 (717) 692-2345 CARL E. BLACK, Plaintiff/Respondent vs. JENNIE E. BLACK, n/k/a JENNIE E. STONER, Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. : IN CUSTODY CERTIFICATE OF SERVICE I, JEFFREY B. ENGLE, ESQUIRE, hereby certify that a true and correct copy of the foregoing Petition to Modify Custody Order was sent First Class U.S. Mail to the following: Galen R. Waltz, Esquire TURO LAW OFFICES 28 South Pitt Street Carlisle, PA 17013 Date: C'C Melissa Wise, Paralegal for Jeffrey B. Engle, Esquire SHAFFER & ENGLE LAW OFFICES 129 Market Street Millersburg, PA 17061 (717) 692-2345 W v °; FTI ? _ CARL E. BLACK PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JENNIE E. BLACK N/K/A JENNIE E. STONER IN CUSTODY DEFENDANT ORDER OF COURT at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, July 03, 2008 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. AND NOW, Thursday, May 29, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, 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. IN THE COURT OF COMMON PLEAS OF 2008-3205 CIVIL ACTION LAW FOR THE COURT, By: /s/ Hubert X. Gtlro Es g. 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) 249-31.66 wc/,? -,,?L &t 30- OFD' I 'Cs I"eJ 0C rkVH 8Lf0Z CARL E. BLACK : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. FR. 2008-3205 CIVIL ACTION LAW JENNIE E. BLACK, n/k/a : JENNIE E. STONER, Defendant/Respondent : IN CUSTODY PETITION TO MODIFY CUSTODY ORDER AND NOW, this day of July, 2008, the following Petition to Modify Custody Order by Petitioner, Carl E. Black, by and through his attorney, Galen R. Waltz, and respectfully requests this Honorable Court grant a Custody Conciliation and a Modification of Custody, and in support thereof, the following is averred: 1. Petitioner is CARL E. BLACK, an adult individual currently residing at 8133 Scenic Drive, Shippensburg, Franklin County, Pennsylvania 17257. 2. Respondent is JENNIE E. STONER, an adult individual currently residing at 506 David Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Respondent filed a Petition to Transfer with the Court of Common Pleas of Franklin County, Pennsylvania, on February 25, 2008. An Order was issued granting Transfer on April 23, 2008. 4. Respondent filed a Petition to Modify Custody with the Court of Common Pleas of Cumberland County on May 19, 2008. 5. The Petitioner is the natural father of subject minor children, Jacob D. Black, age 10, DOB 11/13/1997 and Maryanna E. Black, age 8, DOB 07/22/1999. 6. Petitioner currently resides with his wife, Michelle Black, and her daughter, Rebecca Kline. 7. The Respondent is the natural mother of the subject matter children. 8. Respondent currently resides with her husband, and the subject minor children, Jacob D. Black and Maryanne E. Black. 9. The children are currently seeing a psychiatrist by the name of Dr. Small. It is believed ant therefore it is averred that the Respondent and Dr. Small are working in concert to pressure the children to provide unfavorable answers against Petitioner. Both Jacob and Maryanna have expressed their opinion that Dr. Small makes them very nervous when he asks questions. Moreover, both children are always asked if they have seen Petitioner drinking after spending the weekend with Petitioner. 10. Respondent intentionally and knowingly refuses to consult with Petitioner regarding decision making issues affecting the children's health and welfare prior to committing the children to a certain course of action: extra curricular activities, social events, etc. Respondent fails to seek or consider Petitioner's input regarding organized activities for the children. 11. Respondent has acted in absolute disregard of the health and welfare of the children by compelling the children to participate in non essential activities during times when the children clearly evidence illness. Furthermore, the constant tension, stress, and controversy occurring within Respondent's household seems to be the cause of Jacob's repetitive bed wetting. 12. The children initiate conversations expressing a strong desire to live with the Petitioner and thereby reverse the current custodial roles of the parents. 13. Respondent consistently speaks negatively of Petitioner in the children's presence and by way of illustration, Respondent has advised the children that "You need to remember to brush your teeth or you will end up with ugly teeth like your father" or words to that effect and "your father is fat and doesn't take care of himself' or words to that effect and she further threatens the children by advising them that they would not be able to go on vacations that they do now if Respondent was still with Petitioner because he is a mechanic and does not make very much money or words to that effect. 14. Respondent interferes and interrupts with the Father/child bonding time during Petitioner's custodial periods by making unnecessary and frequent telephone calls to the children (Two times a day for each day during weekends and during the summer week vacation Respondent telephones three times a day). 15. Petitioner has not participated as a party or witness, or in another capacity in other litigation concerning the custody of the children in this or another court. Petitioner has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 16. Petitioner does not know of a person not a party to the proceeding who has physical custody of the children, or claims to have custody or visitation rights with respect to the children. 17. Each parent whose parental rights to the child have not been. terminated and the person who has physical custody of the child have been named as parties to this Petition. 18. The best interest and permanent welfare of the children will be served by ordering Respondent to: a. Enroll in and complete a certified parenting program; and b. Submit to random drug and alcohol testing. 19. Petitioner respectfully requests to modify the Current Order and transfer the primary physical custody of the subject matter children from Respondent to him, while providing partial physical custody of the children to the Respondent WHEREFORE, the Petitioner, Carl E. Black, respectfully requests that This Honorable Court grants his request to schedule a Custody Conciliation in this matter followed by granting primary physical custody of the minor children to Petitioner. Respectfully Submitted, Dated: ` ho alen R. Waltz, Es Turo Law Offc 28 South Pitt Street Carlisle, PA 17013 (717)245-9688 VERIFICATION I verify that the statements made in the foregoing Petition to Modify Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date Cai . Black CERTIFICATE OF SERVICE I, Galen R. Waltz, Esquire hereby certify that I served a true and correct copy of the Petition to Modify Custody by first class, postage pre-paid and depositing same in the United States Mail, first class, postage pre-paid on theme day of aLP) , 2008, from Carlisle, Pennsylvania, addressed as follows: Jeffrey B. Engle, Esquire Shaffer & Engle Law Offices 129 Market Street Millersburg, PA 17061 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Supreme Court I.D. No. 39789 TURO LAW OFFICES '4 t'7 s N c° ?r a C A) V 15 R CARL E. BLACK : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. FR. 2008-3205 CIVIL ACTION LAW JENNIE E. BLACK, n/k/a JENNIE E. STONER, Defendant/Petitioner : IN CUSTODY ANSWER TO PETITION TO MODIFY CUSTODY ORDER AND NOW this day of July, 2008 comes the Respondent, Carl E. Black by and through his attorney Galen R. Waltz and filed the above referenced Answer and respectfully represents that: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. Respondent is currently residing in a four-bedroom house with Michelle Black at 8133 Scenic Drive, Shippensburg, Pennsylvania 17257. 7. Affirmed in part and denied in part. Mr. Black voluntarily checked into Roxbury Treatment Center on August 2nd, 2007 and was discharged after completing the treatment on Aug 6`h, 2007. During his stay at Roxbury Treatment Center, he completed a drug and alcohol counseling, and a copy of certification issued by the treatment center is attached hereto and incorporated herein as exhibit one. 8. Denied. Respondent may consume alcohol when the children are not in his custody or they are not imminently placed in his custody. In contrast, the minor children have told Respondent that they have seen Petitioner drinking Margaritas. 9. It is denied that Respondent has spoken negatively about Petitioner in front of the children. It is remotely possible that the children may have overheard Respondent's conversation with another adult, but Respondent never speaks, or intends to speak negatively about Petitioner in front of the subject minor children. To the contrary, it is Petitioner who has made negative comments about Respondent in the presence of the minor children on more than one occasion by demeaning his economic status and calling him "fat" and "ugly" or words to that effect. 10. Denied. It is denied that Respondent refuses to participate in children's activities when children are in his custody. It is inaccurate and inappropriate to make that conclusion by simply citing that the Respondent refused to drive the children to extracurricular activities in light of increasing gas prices. Petitioner habitually enrolls the children in extracurricular activities without seeking consent or consultation from Respondent; Respondent is notified only when the children are in his custody. By way of further answer, the Respondent only sees the children every other weekend, which means his bonding time with them becomes more important to have interactive activities; unfortunately, the physical distance becomes greater between them as the direct result of Petitioner's choice to relocate to Mechanicsburg while knowing that the Respondent still resides in Shippensburg. 11. It is admitted that Petitioner filed a Petition to Transfer with the Court of Common Pleas of Franklin County, Pennsylvania on February 25, 2008. It is denied that an Order was issued granting same on March 23, 2008. The order was issued on April 23, 2008. 12. Admitted. 13. Admitted. 14. a. Denied. Respondent does not abuse drugs or alcohol. Nor does the Respondent consume alcohol when the children are in his custody; thus it is both unnecessary and inappropriate to demand Respondent to undergo any sort of drug or alcohol counseling. Respondent voluntarily completed a drug and alcohol counseling as aforementioned under paragraph seven. n b. Denied. Petitioner neither abuses drugs nor alcohol; thus proof of same is demanded at hearing. On the other hand, Petitioner should be compelled to submit to random drug and alcohol testing based upon her consumption of alcoholic beverages in the presence of. the children. C. Denied. Respondent has always been a responsible parent historically. Respondent completed a parenting course required by Pennsylvania law during the divorce with additional counseling for both parties. No where does Petitioner claim or question Respondent's capability to care for the children economically, physically, or mentally. 15. Denied. Petitioner's request to supervise all of Respondent's visits with the children is baseless and inappropriate. WHEREFORE, the Respondent, Carl E. Black, respectfully requests this Honorable Court dismiss the Petition to modify custody. Respectfully submitted, Dated: Z / ces 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 C alen R. Walt quire Turo Law Of i ROXBURY 601 Roxbury Road . Shippensburg, PA 17257 + 800.648.4673 . www.roxburyhospital.com Carl Black 8133 Scenic Drive Shippensburg PA 17257 March 12, 2008 To Whom It May Concern: Roxbury Treatment Center is an inpatient drug and alcohol rehabilitation center, licensed by the Pennsylvania Department of Health, Office of Drug and Alcohol Programs, and accredited by the Joint Commission on Accreditation of Healthcare Organizations. Please be advised that Carl Black was admitted to Roxbury Treatment Center on 8/02/07 -8/06/07 when he was discharged from treatment, with completion of treatment. If I may be of further service, please do not hesitate to contact me at 1-800-648-4673. Sincerely, Gerry Stouffer Medical Records Clerk VERIFICATION I verify that the statements made in the foregoing Answer to Petition to Modify Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. 7-5--08 Date Carl E. Black CERTIFICATE OF SERVICE I, Galen R. Waltz, Esquire hereby certify that I served a true and correct copy of the Answer to Petition to Modify Custody Order by first class, ostage pre-paid and depositing same in the United States Mail, first class, postage pre-paid on the i day of , 2008, from Carlisle, Pennsylvania, addressed as follows: Jeffrey B. Engle, Esquire Shaffer & Engle Law Offices 129 Market Street Millersburg, PA 17061 TURO LAW OFFICES .Alen R. Waltz, Es e 28 South Pitt Stree Carlisle, PA 17013 (717) 245-9688 Supreme Court I.D. No. 39789 ?? ? ?? r? € ? _ ? r G -; : ? + ? y -'?_ ?? .?. ayCi CARL E. BLACK IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-3205 CIVIL ACTION LAW JENNIE E. BLACK N/K/A JENNIE E. IN CUSTODY STONER DEFENDANT ORDER OF COURT AND NOW, Thursday, July 10, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, August 08, 2008 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. GRro Esq.. Custody Conciliator 0- 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 -mss-- 8 5 I ?? Inr Root a w f CARL E. BLACK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW JENNIE E. BLACK N/K/A/ JENNIE NO. 2008-3205 E. STONER, Defendant IN CUSTODY COURT ORDER AND NOW, this 1" day of July, 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Courtroom No. 3 of the Cumberland County Courthouse on the day of , 2008, at /-'Of) OP. in. At this hearing the Mother shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth the history of custody in this case, the issues currently before the Court, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This Memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, this Court's prior Order of April 23, 2008, which incorporated the February 4, 2004, Franklin County Order, shall remain in effect. T, , Judge cc: " 9a en R. Waltz Esquire ?Jeffrey B. Engle, Esquire 1 3 cl"S. ! 1 lv Zz Inp 8002 4?..? J; CARL E. BLACK, Plaintiff VS. JENNIE E. BLACK N/K/A/ JENNIE E. STONER, Defendant JUL 15 2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-3205 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Jacob D. Black, born November 13, 1997 Maryanna E. Black, born July 22, 1999 2. A Conciliation Conference was held on July 11, 2008, with the following individuals in attendance: The mother, Jennie E. Stoner, with her counsel, Jeffrey B. Engle, Esquire, and the father, Carl E. Black, with his counsel Galen R. Waltz, Esquire. 3. The parties have a Custody Order from 2004 that essentially gives Mom primary custody and Dad custody on alternating weekends and some evenings during the week. The existing Custody Order specifies that neither party shall be under the influence of alcohol when they have custody of the minor children. 4. Mother has filed a petition to modify the Order suggesting that Father is violating the alcohol prohibition of the Order. Mother is seeking an Order directing that Father have an alcohol evaluation and, if required, undergo counseling. Father countered Mother's petition with his own petition whereby he is seeking to modify the existing Custody Order and is requesting primary custody. Father also suggests that Mother is violating the alcohol prohibition of the Order. The parties are unable to reach an agreement and a hearing is required. The Conciliator recommends an Order in the form as attached. ??/J dov Date: July T , 2008 Hubert X ilroy, Esquire Custod Conciliator CARL E. BLACK IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JENNIE E. BLACK NO. 2008-3205 CIVIL TERM N/K/A JENNIE E. STONER ORDER OF COURT AND NOW, this 28TH day of JULY, 2008, the custody hearing scheduled for September 4, 2008, at 1:00 p.m. is rescheduled to THURSDAY, SEPTEMBER 25, 2008, at 1:00 p.m. in Courtroom # 3. vdalen Waltz, Esquire Xfrey B. Engle, Esquire J :sld Edward E. Guido, J. l.,7IV JUL ? 9 NuO G1 CARL E. BLACK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW JENNIE E. BLACK N/K/A JENNIE E. STONER, NO. 2008-3205 Defendant IN CUSTODY COURT ORDER tt AND NOW, this 0? day of July, 2008, the Conciliator being advised that a Conciliation Conference is not needed, the Conciliator relinquishes jurisdiction. :' l.'..) ?t? i ?.. . ?? .... .,,... ; j tir.el' ?.....5 .4 ?W:,,,,1 -t-. •. ?':' `? CARL E. BLACK Plaintiff/Respondent V. JENNIE E. BLACK, n/k/a JENNIE E. STONER, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. FR. 2008-3205 CIVIL ACTION LAW IN CUSTODY MOTION IN LIMINE AND HERE comes the Plaintiff/Respondent Carl E. Black represented by his attorney Galen R. Waltz who avers the following: 1. Dr. Kenneth G. Small, PH.D. is scheduled to testify on behalf of the Defendant/Petitioner, Jennie E. Black N/K/A Jennie E. Stoner. 2. Dr. Kenneth G. Small, PH.D has indicated in the submission attached to the Defendant/Petitioner's Pre-Trial Memorandum of mother Jennie E. Stoner that he has diagnosed and been treating two minor children of the Defendant/Petitioner and Plaintiff/Respondent since October 2006. 3. It was discovered at 10:00pm September 23, 2008 that Dr. Small enclosed a release for information in his June 7, 2007 letter to attorney Jeff Engle marked at Exhibit 2 in the pre-trial memorandum of mother. 4. The father Plaintiff/Respondent was never requested to sign a release for information concerning the diagnosis and treatment of the two minor children as of the date of filing this motion nor was he permitted an opportunity to object under HIPPA regulations 45 CFR 164.512 (4)(E)(1)(iii)(A) et seq. 5. It is believed that only the mother Jennie E. Stoner, may have signed a release of this highly confidential information. M 6. The controlling custody order of February 4, 2004 and subsequent order incorporating the original custody order provides that both parents have "Joint Legal Custody." 7. Joint Legal Custody at 42 Pa C.S. Section 5944 titled Confidential Communications to Psychiatrists or Licensed Psychologists states that "No Psychiatrist or person who has been licensed under the act of March 23, 1972 (P.L. 136 #.52) to practice psychology shall be, without the written consent of his client, examined in any civil or criminal as to any information acquired in the course of his professional services. The confidential relations and communications between a Psychologist or Psychiatrist and his client shall be on the same basis as those provided or prescribed by law between attorney and client." 8. Legal custody is defined by statute as "the legal right to make major decisions affecting the best interest of a minor child, including, but not limited to, medical, religious and educational decisions." 23 Pa.C.S.A. Section 5302 9. The parents have joint legal custody; therefore, in order to release confidential information regarding the minor children, both parents are required to sign a release for the information to be used even in a court of law. to THEREFORE, the Plaintiff/Respondent respectfully requests this honorable court suppress/exclude all testimony of Dr. Kenneth G. Small, PH.D. and further suppress/exclude all written materials submitted by Dr. Small to attorney Engle and all other information relative to Dr. Small's treatment and diagnosis of the two minor children as a result of failing to secure the release of both biological parents who are under an order providing them with joint legal custody. Respectfully Submitted, Dated: 4'1,:7?r D 7 alen R. Waltz, Esq Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 (717)245-9688 CERTIFICATE OF SERVICE I, Galen R. Waltz, Esquire hereby certify that I served a true and correct copy of the Motion In Limine in person on the day of 4l r , 2008, address as follows: Jeffrey B. Engle, Esquire Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 TURO LAW OFFICES Galen R. Waltz, ee 28 South Pitt Str Carlisle, PA 17013 (717) 245-9688 Supreme Court I.D. No. 39789 VERIFICATION I verify that the statements made in the foregoing Motion In Limine are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date Galen R. Waltz, Esquire 00 cl- LS"} C-i CARL E. BLACK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS NO. 2008-3205 CIVIL TERM JENNIE E. BLACK, n/k/a JENNIE E. STONER, Defendant IN CUSTODY IN RE: CONTINUATION ORDER OF COURT AND NOW, this 25th day of September, 2008, hearing in this matter is continued to Monday, December 22, 2008, at 9:30 a.m. At that time, we would be interested in receiving a copy of Father's discharge summary from Roxbury and getting input on his progress in drug and alcohol counselling and working toward sobriety. - By e Court, Edward E. Guido, J. XGalen R. Waltz, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 For the Plaintiff Jeffrey B. Engle, Esquire Sheaffer & Engle Law Offices 129 Market Street Millersburg, PA 17061 For the Defendant Court Administrator mlc t,O t f S rn4vt LL P .6 QC ?2S 80QZ 3'ajo ,..3 CARL E. BLACK IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ; JENNIE E. BLACK NO. 2008-3205 CIVIL TERM N/K/A JENNIE E. STONER ORDER OF COURT AND NOW, this 25TH day of NOVEMBER, 2008, the hearing scheduled for December 22, 2008, at 9:30 a.m. is continued to MONDAY, JANUARY 12, 2009, at 9.30 a.m. Galen Waltz, Esquire TURO LAW OFFICE 28 South Pitt Street Carlisle, Pa. 17013 Jeffrey B. Engle, Esquire 129 Market Street Millersburg, Pa. 17061 Edward E. Guido, J. sld . v .. . c'ii Z UIN gu"'H CARL E. BLACK : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. W. 2008-3205 CIVIL ACTION LAW JENNIE E. BLACK, n/k/a JENNIE E. STONER, Defendant/Petitioner : IN CUSTODY MOTION FOR CONTINUANCE AND NOW comes the Movant represented by his attorney Galen R. Waltz who avers the following: 1. An Order scheduling a hearing in the above captioned matter was issued November 25, 2008 wherein the hearing scheduled for December 22, 2008 at 9:30 a.m. was continued to Monday, January 12, 2009 at 9:30 a.m. 2. The Movant, Carl E. Black, is employed and on Monday, January 12, 2009, Carl E. Black's immediate Supervisor and employer, Fred Gindlesperger of Chambersburg Automatic Transmission will not be present at the place of business and requires the Movant to serve as the Operations Manager of four employees wherein he has all the responsibilities of the employer when the employer is absent. 3. Opposing Counsel Jeffrey B. Engle was contacted regarding the continuance request and he has indicated that he is not opposed to the request for continuance. 4. This is the first request for continuance by the Movant. 5. No harm to the parties shall occur by granting the request for continuance. 6. The Honorable Judge Guido has been appointed as the sitting Judge in the above captioned case. WHEREFORE, the Movant requests that this Honorable Court grant the request for continuance and reschedule the Monday, January 12, 2009 hearing to a time convenient for the Court to hear this matter. Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 717-245-9688 717-245-2165/FAX RESPECTFULLY SUBMITTED, CERTIFICATE OF SERVICE I, Galen R. Waltz, Esquire hereby certify that I served a true and correct copy of the Answer to Petition to Modify Custody Order by first class, postage pre-paid and depositing same in the United States Mail, first class, postage pre-paid on the 9th day of January, 2008, from Carlisle, Pennsylvania, addressed as follows: Jeffrey B. Engle, Esquire Shaffer & Engle Law Offices 129 Market Street Millersburg, PA 17061 TURO LAW OFFICES Gal R. Waltz, Esquir 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Supreme Court I.D. No. 39789 ?. ,? ?" r ? ::; ; - > $ '? - ?? ??.:. ?_,. :` 4W JAN 0 7 2009 G? 3 r ` JAN 0 7 2009 6 CARL E. BLACK : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA v- : NO. 2008-3205 CIVIL ACTION LAW JENNIE E. BLACK, n/k/a JENNIE E. STONER, : Defendant/Petitioner : IN CUSTODY ORDER AND NOW this day of January, 2009, after reviewing the Request for Continuance of the Monday, January 12, 2009 hearing, the Request for Continuance is granted and the hearing shall be rescheduled to the day of 2009 at *o if. m. in courtroom No. __ . ?`?C.??dA A. In. Edward E. Guido, J. cc: '? len R. Waltz, Esquire zeeffrey B. Engle, Esquire i'Es rylau LCCL c? ot"0 Jeffrey B. Engle, Esquire I.D. # 76644 Shaffer & Engle Law Offices 129 Market Street Millersburg, PA 17061 717-692-2345 *phone 717-692-3554*fax jeff@a shafferen lg?e.com CARL E. BLACK, Plaintiff/Respondent V. JENNIE E. BLACK N/K/A JENNIE, E. STONER, Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-3205 : IN CUSTODY PETITION FOR SPECIAL RELIEF AND NOW, this 14`" day of January, 2009, comes the Petitioner, Jennie E. Stoner, by and through her attorney, Jeffrey B. Engle of Shaffer & Engle Law Offices, and respectfully avers the following: 1. Petitioner is JENNIE E. STONER, an adult individual currently residing at 506 David Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Respondent is CARL E. BLACK, an adult individual currently residing at 8133 Scenic Drive, Shippensburg, Franklin County, Pennsylvania 17257. 3. The Petitioner is represented by Shaffer & Engle Law Offices, more particularly, Jeffrey B. Engle, Esquire. 4. The Respondent is represented by Turo Law Offices, more particularly, Galen R. Waltz, Esquire. 5. This matter was commenced by the filing of a Petition to Modify Custody by the Petitioner on or about May 19, 2008. A custody conference occurred on July 3, 2008, at which time the parties could not resolve their dispute. 6. A hearing was scheduled before This Honorable Court on September 4, 2008. 7. Both counsel for the Petitioner and Respondent submitted pre-trial memoranda. 8. It is believed and therefore averred, that the issue for resolution, from the Petitioner's perspective, was the Respondent's continued course of alcohol abuse. 9. On September 4, 2008, this Honorable Court heard testimony from the children's therapist, Dr. Kenneth Small, psychologist, that the children were suffering as a result of the father's continued alcoholism. 10. It is believed and therefore averred, that this Honorable Court gave the Respondent an ultimatum that he either quits drinking and gets help or he would lose continued custody of his children. The Court continued the matter in accordance with the Respondent's expression that he desired to seek help and would stop drinking. 11. A continuation hearing was scheduled in this matter for January 12, 2009. 12. On behalf of Respondent, opposing counsel requested that the hearing scheduled for January 12, 2009 be continued do to a conflict at the Respondent's work. This Honorable Court granted opposing counsel's request by Order dated January 8, 2008 and rescheduled the hearing for February 13, 2009. (See Order attached hereto as Exhibit 1). 13. On Friday, January 9, 2009, the subject minor children, Jacob Black (DOB 11/13/1997) and MaryAnna Black (DOB 7/22/99) were at Respondent's residence with Respondent and his wife, Michelle Black, and his step-daughter, Rebecca Kline. 14. It is believed and therefore averred, that on or about Friday, January 9, 2009, Respondent was intoxicated and assaulted his wife, Michelle Black, in the presence of his two minor children and his step-daughter. 15. It is believed and therefore averred, that on said date, as a result of the assault, Michelle Black spoke with Petitioner and asked her to contact the Pennsylvania State Police because Ms. Black was in fear that the Respondent would retaliate if she called the police herself. 16. It is believed and therefore averred, that on said date, Pennsylvania State Police in Franklin County responded to a domestic violence complaint at Respondent's residence. 17. It is believed and therefore averred, that Pennsylvania State Police have or will charge Respondent with an Act 10, domestic violence, 18 Pa.C.S. §2702, for assaulting his wife. 18. It is believed and therefore averred, that as part of the investigation, Pennsylvania State Police tested Respondent's blood alcohol level and/or blood alcohol content and found Respondent to be intoxicated. 19. It is believed and therefore averred, that the subject minor children and the step- daughter witnessed Respondent intoxicated and witnessed Respondent assault Michelle Black. 20. It is believed and therefore averred, that on said date, Petitioner was contacted by MaryAnna Black and was begged to come to Respondent's residence to get the subject minor children. 21. It is believed and therefore averred, that Petitioner did in fact drive to Respondent's residence, pick up the subject minor children, and drive them safely back to Petitioner's residence. 22. It is believed and therefore averred, that Michelle Black has filed a Protection from Abuse (PFA) against Respondent in connection with or as a result of the events that occurred on January 9, 2009. WHEREFORE, Petitioner respectfully requests that This Honorable Court enter an Order granting the following: 1. Pending the hearing scheduled for February 13, 2009, Respondent's contact with the subject minor children shall be suspended, unless Respondent's contact with the subject minor children is supervised by a responsible and reputable third party. 2. Pending the hearing scheduled for February 13, 2009, as Respondent is in clear violation of this Honorable Court's intent, Respondent must stop all alcohol consumption and immediately seek Drug and Alcohol counseling. 3. All such other relief as the Court shall deem just and appropriate. Respectfully submitted, Millersburg, PAQq6b 717-692-2345 *phone 717-692-3554*fax Attorney for Petitioner SHAFFER & ENGLE LAW OFFICES JAIL 07 ?_009 6-t ? . JAS! 0 7 2009 6 CARL E. BLACK : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-3205 CIVIL ACTION LAW JENNIE E. BLACK, n/k/a : JENNIE E. STONER, Defendant/Petitioner : IN CUSTODY ORDER AND NOW this g day of January, 2009, after reviewing the Request for Continuance of the Monday, January 12, 2009 hearing, the Request for Continuance is granted and the hearing shall be rescheduled to the day of 2009 at •? ??.m. in Courtroom No. A./YI. Edward E. Guido, J. cc: Galen R. Waltz, Esquire Jeffrey B. Engle, Esquire 717 ]328948 14:31:57 01-15-2009 1I1 VERIFICATION I verify that the averments in this Petition for Special Relief are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unworn falsification to authorities. Dated: - l Cj -- o rl Jennie E. Stoner, Petitioner CARL E. BLACK, Plaintiff/Respondent V. JENNIE E. BLACK N/K/A JENNIE, E. STONER, Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-3205 : IN CUSTODY CERTIFICATE OF SERVICE I, JEFFREY B. ENGLE, ESQUIRE, hereby certify that a true and correct copy of the foregoing Petition for Special Relief was sent by U.S. Mail first class to the following: Galen R. Waltz, Esquire TURD LAW OFFICES 28 South Pitt Street Carlisle, PA 17013 Jeffrey ID#7J Date: LAW OFFICES 512 Market Street Millersburg, PA 17061 (717) 692-2345 W 7s C:r r-4 ?n ED `i '? Jeffrey B. Engle, Esquire SHAFFER & ENGLE LAW OFFICES 512 Market Street Millersburg, PA 17061 717-692-2345 * phone 717-692-3554 * fax j eff@shafferengle.com CARL E. BLACK, Plaintiff/Respondent V. JENNIE E. BLACK N/K/A JENNIE, E. STONER, DefendandPetitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 2008-3205 : IN CUSTODY PETITION FOR DISCOVERY PURSUANT TO PA.R.C.P. 1930.5.42 Pa.C.S.A. 1. The Petitioner/Defendant is Jennie E. Stoner, who is represented by the undersigned counsel. 2. The Respondent/Plaintiff is Carl E. Black, who is represented by Galen R. Waltz, Esquire. 3. This action was commenced by the Petitioner through the filing of a Petition to Modify Custody on or about May 19, 2008. A custody conference occurred on July 3, 2008, at which time the parties could not resolve their dispute. 4. A hearing was scheduled before this Honorable Court on September 4, 2008. 5. It is believed and therefore averred, that the issue for resolution, from the Petitioner's perspective, was the Respondent's continued course of alcohol abuse. 6. On September 4, 2008, this Honorable Court heard testimony from the children's therapist, Dr. Kenneth Small, psychologist, that the children were suffering as a result of the father's continued alcoholism. 7. It is believed and therefore averred, that this Honorable Court gave the Respondent an ultimatum that he either stop drinking and seek help for alcohol abuse or he would lose continued custody of his children. This Court continued the matter in accordance with Respondent's expression of his intention to seek help and stop drinking. 8. A continuation hearing was scheduled in this matter for January 12, 2009. 9. On behalf of Respondent, opposing counsel requested that the hearing scheduled for January 12, 2009 be continued due to a conflict at the Respondent's work. This Honorable Court granted opposing counsel's request by Order dated January 8, 2008 and rescheduled the hearing for February 13, 2009. (See Order attached hereto as Exhibit 1). 10. On Friday, January 9, 2009, the subject minor children, Jacob Black (DOB 11/13/1997) and MaryAnna Black (DOB 7/22/99) were at Respondent's residence with Respondent and his wife, Michelle Black, and his step-daughter, Rebecca Kline. 11. It is believed and therefore averred, that on or about Friday, January 9, 2009, Respondent was intoxicated and assaulted his wife, Michelle Black, in the presence of his two minor children and step-daughter. 12. It is believed and therefore averred, that on said date, as a result of the assault, Michelle Black spoke with Petitioner and asked her to contact the Pennsylvania State Police because she was in fear that the Respondent would retaliate if she called the police herself. 13. It is believed and therefore averred, that on said date, Pennsylvania State Police in Franklin County responded to a domestic violence complaint at Respondent's residence. 14. It is believed and therefore averred, that Pennsylvania State Police have or will charge Respondent with an Act 10, domestic violence, 18 Pa.C.S. §2702, for assaulting his wife. 15. It is believed and therefore averred, that as part of the investigation, Pennsylvania State Police tested Respondent's blood alcohol level and/or blood alcohol content and found Respondent to be intoxicated. 16. It is believed and therefore averred, that the subject minor children and the step- daughter witnessed Respondent intoxicated and witnessed Respondent assault Michelle Black. 17. It is believed and therefore averred, that on said date, Petitioner was contacted by MaryAnna Black and was begged to come to Respondent's residence to get the subject minor children. 18. It is believed and therefore averred, that Petitioner did in fact drive to Respondent's residence, pick up the subject minor children, and drive them safely back to Petitioner's residence. 19. It is believed and therefore averred, that Michelle Black has filed a Protection from Abuse (PFA) against Respondent in connection with or as a result of the events that occurred on January 9, 2009. 20. It is respectfully submitted that the Court may enter an order authorizing the Petitioner to conduct limited discovery to determine these issues and development them more fully. Pa.R.Civ.P. 1930.5; 4001 et seq., 42 Pa.C.S.A. 21. It is believed and therefore averred, that Pennsylvania State Police have the following documents regarding the aforementioned incident involving Respondent: a) Police Report; b) Probable Cause Affidavit; c) Blood alcohol content and/or blood alcohol level results indicating Respondent's Blood alcohol content and/or blood alcohol level; and WHEREFORE, Petitioner respectfully requests that This Honorable Court enter an Order granting the undersigned counsel the authority to issue a subpoena duces tecum and for persons to the Pennsylvania State Police for all records, including police report, Probable Case Affidavit, Incident Report, BAC test results from approved testing facility for blood of the breathalyzer test results. Respectfully submitted, GLE LAW OFFICES Date: r? Dale . etner, Esquire for #89302 Jeffrey B. Engle, Esquire ID #76644 512 Market Street Millersburg, PA 17061 717-692-2345 Attorney for Petitioner/Defendant JAN 0 7 2009 ? L JAN 0 7 2009 6 CARL E. BLACK : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-3205 CIVIL ACTION LAW JENNIE E. BLACK, n/k/a JENNIE E. STONER, Defendant/Petitioner : IN CUSTODY ORDER AND NOW this '? day of January, 2009, after reviewing the Request for Continuance of the Monday, January 12, 2009 hearing, the Request for Continuance is granted and the hearing shall be rescheduled to the day of 2009 at _ 9* *Oom. in Courtroom No. .7- In. A. Edward E. Guido, J. cc: Galen R. Waltz, Esquire Jeffrey B. Engle, Esquire 1 1 •j, yf{svll?j-.,q?p?F+y?7j11? 4{ ?3 ; ... ' c r }`? fj( 5.N t?iif1a6Y ?. e.<'d CA CY 4...rf ibllii?? k a Uwe ftftfty CARL E. BLACK, Plaintiff/Respondent V. JENNIE E. BLACK N/K/A JENNIE, E. STONER, Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2008-3205 : IN CUSTODY CERTIFICATE OF SERVICE I, JEFFREY B. ENGLE, ESQUIRE, hereby certify that a true and correct copy of the foregoing Petition for Discovery was sent by U.S. Mail first class to the following: Galen R. Waltz, Esquire TURO LAW OFFICES 28 South Pitt Street Carlisle, PA 17013 PSP, Franklin County 679 Franklin Farms Lane Chambersburg, PA 17201 Date: `- `S-C!1 0i Melissa Wise, Paralegal to Jeffrey B. Engle, Esquire SHAFFER & ENGLE LAW OFFICES 512 Market Street Millersburg, PA 17061 (717) 692-2345 IX2 ?A cep r F?' ?.. 1 3 JAN 2 2 20096, CARL E. BLACK, Plaintiff?Respondent V. JENNIE E. BLACK N/K/A JENNIE, E. STONER, Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2008-3205 IN CUSTODY RULE TO SHOW CAUSE AND NOW, this?tAay of 2009, a rule is hereby issued upon both parties to show cause why the attached Petition for Special Relief should not be granted. RULE RETURNABLE 10 DAYS FROM SERVICE. J. distribution: ,/Jeffrey B. Engle, Esq. Galen R. Waltz, Esq. eo M P es 512 Market Street, Millersburg, PA 17061 * 717-692-2345 (P) 717-692-3554(F) * jeff@shafferengle.com 28 South Pitt Street, Carlisle, PA 17013 LC s N IV NVP 60OZ _i f 4 t ?r,,,r 3 JAN 2 2 20091 CARL E. BLACK, Plaintiff/Respondent V. JENNIE E. BLACK N/K/A JENNIE, E. STONER, Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-3205 IN CUSTODY RULE TO SHOW CAUSE AND NOW, this ;G day of , 2009, a rule is hereby issued upon both parties to show cause why the attached Petition for Discovery should not be granted. RULE RETURNABLE DAYS FROM SERVICE. J. Dom' tribution: .-'Jeffrey B. Engle, Esq. j len R. Waltz, Esq. -,, SP, Franklin County nn __ ?--opc ES vrt?c ?, I 512 Market Street, Millersburg, PA 17061 * 717-692-2345 (P) 717-692-3554(F) * jeff@shafferengle.com 28 South Pitt Street, Carlisle, PA 17013 679 Franklin Farms Lane, Chambersburg, PA 17201 e tb CARL E. BLACK Respondent/Plaintiff V. JENNIE E. BLACK, n/k/a JENNIE E. STONER, Petitioner/Defendant IN THE COURT OF COMMON PLEAS OF FRANKLIN COUNTY, PENNSYLVANIA NO. FR. 2003-993 CIVIL TERM : IN CUSTODY OBJECTION TO PETITION FOR DISCOVERY PURSUANT TO PA RCP 1930.542 PA CSA 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. It is admitted that the issue for resolution involved the Respondent's possession of alcohol at his residence; it is denied that the issue for resolution was alcohol abuse. 6. It is admitted on September 4, 2008 that the Honorable Court heard the children's therapist testimony and that Maryanna was having difficulty when discovering empty containers that formerly contained alcohol; it is denied that there has been a diagnosis that the Father is an alcoholic. 7. It is denied that the Court advised the Respondent that he "either quits drinking and gets help or he would lose continued custody of his children." It is admitted that the Court strongly recommended that the Respondent secure some type of positive resolution to the issue involving the presence of alcohol in the Respondent's household as well as assistance regarding the use of alcohol in the presence of the children. 8. Admitted. 9. Admitted. 10. Admitted. 11. It is admitted a breathalyzer test was provided to the Respondent on January 9, 2009; it is neither admitted nor denied that the two minor children and stepdaughter were present when it is alleged that the Respondent was intoxicated and assaulted his wife, Michelle Black. 12. Neither admitted nor denied, the Respondent is unable to testify as to what conversation existed between Michelle Black and Petitioner nor does the Respondent know what was Ms. Black's state of mind; therefore proof thereof at a hearing is demanded. 13. It is neither admitted nor denied as to the basis for the Pennsylvania State Police in Franklin County's response; it is, however, admitted that the Pennsylvania State Police did appear at the Respondent's residence. 14. It is denied that the Respondent was charged with 18 Pa. C. S. §2702; proof thereof is demanded. 15. It is admitted in part that the Pennsylvania State Police tested Respondent's blood alcohol level and/or blood alcohol content; it is neither admitted nor denied that the test "found Respondent to be intoxicated" and proof thereof is demanded. 16. It is neither admitted nor denied that the minor children and the stepdaughter witnessed the Respondent allegedly assault Michelle Black; proof thereof is demanded. 17. It is neither admitted nor denied that the Petitioner was contacted by Maryanna Black and was requested for the Petitioner to retrieve the subject minor children; the Respondent has no way of knowing what contact if any was made; therefore proof thereof is demanded. 18. It is admitted that the Petitioner arrived at Respondent's residence, picked up the subject minor children and drove them back to Petitioner's residence; however all other descriptive terms are denied and proof thereof is demanded at a hearing. 19. Admitted. 20. This is a conclusion of law to which no response is required. 21. It is admitted that the Pennsylvania State Police may have a police report, may have a probable cause affidavit, and may have a blood test; however, by way of further answer, the case that it is alleged herein as an assault case is scheduled for hearing in this matter and the items requested by the Petitioner are not Orders of Court but rather subject to the objection of hearsay as well as well requiring proper foundation subject to cross examination. WHEREFORE, the Respondent respectfully requests this Honorable Court deny the Petitioner's request at paragraph 21 on the basis of hearsay as well as recognizing these are mere allegations and there has been no adjudication in this matter that is currently pending resolution. Respectfully submitted, p? u DATE en R. Waltz Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 717-245-9688 Attorney for Plaintiff CERTIFICATE OF SERVICE I, Galen R. Waltz, Esquire hereby certify that I served a true and correct copy of the, PETITION FOR DISCOVERY PURSUANT TO PA RCP 1930.542 PA CSA by first class and depositing same in the United States Mail, postage pre-paid on the - 01? day of ?^G aw Ar , 2009, from Carlisle, Pennsylvania, addressed as follows: Jeffrey B. Engle, Esquire Shaffer & Engle Law Offices 129 Market Street Millersburg, PA 17061 TURO LAW OFFICES Galen R. Waltz, Es 28 South Pitt Str2 Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff c`a w ?y V? }} 1 . y 2 t > CARL E. BLACK : IN THE COURT OF COMMON PLEAS OF Respondent/Plaintiff : FRANKLIN COUNTY, PENNSYLVANIA V. : NO. FR. 2003-993 CIVIL TERM JENNIE E. BLACK, n/k/a JENNIE E. STONER, Petitioner/Defendant : IN CUSTODY ANSWER TO PETITION FOR SPECIAL RELIEF 1. Admitted. 2. Denied, by way of further answer the Respondent resides at 2701 Johnson Drive, Chambersburg, Pennsylvania 17201. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. It is admitted that the issue for resolution involved the Respondent's possession of alcohol at his residence; it is denied that the issue for resolution is alcohol abuse. 9. It is admitted on September 4, 2008 that the Honorable Court heard the children's therapist testimony and that Maryanna was having difficulty when discovering empty containers that formerly contained alcohol; it is denied that there has been a diagnosis that the Father is an alcoholic. 10. It is denied that the Court advised the Respondent that he "either quits drinking and gets help or he would lose continued custody of his children." It is admitted that the Court strongly recommended that the Respondent secure some type of positive resolution to the issue involving the presence of alcohol in the Respondent's household as well as assistance regarding the use of alcohol in the presence of the children. 11. Admitted. 12. Admitted. 13. Admitted. 14. It is admitted a breathalyzer test was provided to the Respondent on January 9, 2009; it is neither admitted nor denied that the two minor children and stepdaughter were present when it is alleged that the Respondent was intoxicated and assaulted his wife, Michelle Black. 15. Neither admitted nor denied, the Respondent is unable to testify as to what conversation existed between Michelle Black and Petitioner nor does the Respondent know what was Ms. Black's state of mind; therefore proof thereof at a hearing is demanded. 16. It is neither admitted nor denied as to the basis for the Pennsylvania State Police in Franklin County's response; it is, however, admitted that the Pennsylvania State Police did appear at the Respondent's residence. 17. It is denied that the Respondent was charged with 18 Pa. C. S. §2702; proof thereof is demanded. 18. It is admitted in part that the Pennsylvania State Police tested Respondent's blood alcohol level and/or blood alcohol content; it is neither admitted nor denied that the test "found Respondent to be intoxicated" and proof thereof is demanded. 19. It is neither admitted nor denied that the minor children and the stepdaughter witnessed the Respondent allegedly assault Michelle Black; proof thereof is demanded. 20. It is neither admitted nor denied that the Petitioner was contacted by Maryanna Black and was requested for the Petitioner to retrieve the subject minor children; the Respondent has no way of knowing what contact if any was made; therefore proof thereof is demanded. 21. It is admitted that the Petitioner arrived at Respondent's residence, picked up the subject minor children and drove them back to Petitioner's residence; however all other descriptive terms are denied and proof thereof is demanded at a hearing. 22. Admitted. NEW MATTER 1. The Respondent was assessed on October 2, 2008 for substance abuse. 2. The Respondent began intensive Outpatient Treatment at Roxbury on October 16, 2008. 3. The Respondent has attended the sessions as required and as of December 8, 2008, because of the Respondent's success, instead of the 18 sessions usually required for intense Outpatient Treatment the Respondent's treatment was reduced to 16 sessions. 4. The Respondent had two relapses; one on or about December 14, 2008 and the second was on January 9, 2009. 5. The Respondent has increased the number of Roxbury treatment sessions and extended the treatment schedule. 6. The Respondent has voluntarily scheduled meetings with the children and Dr. Small and the respondent continues to attempt to resolve issues between the children, the Petitioner and the Respondent through Dr. Small. 7. The Respondent voluntarily scheduled a February 26, 2009 at 5:00 p.m appointment regarding anger management with a professional. 8. The Respondent is currently the subject of a divorce with Michelle Black. 9. The Respondent's current residence is temporary; however, the Respondent recognizes that his residential location does not permit the children to be in his custody for overnight visits; therefore, the Respondent has voluntarily and temporarily not sought custody of his children during his weekend overnight custodial periods. 10. During the December 14, 2008 and January 9, 2009 relapse, the children were not under any threat of any harm to themselves nor were they harmed. 11. The Petitioner has been unethically advised by Counsel on two occasions to contemptuously violate this Court's controlling Custody Order. WHEREFORE, the Respondent respectfully requests that this Honorable Court deny Petitioner's request for supervised visitation. Respectfully submitted, DATE alen R. Waltz Turo Law Officeg- 28 South Pitt Street Carlisle, PA 17013 717-245-9688 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Answer to Petition for Special Relief are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. ?W 1396,?- Date Carl E. Black CERTIFICATE OF SERVICE I, Galen R. Waltz, Esquire hereby certify that I served a true and correct copy of the Answer to Petition to Transfer Venue, by first class and depositing same in the United States Mail, postage pre-paid on the Qp day of -e Ar.o.!C?, 2009, from Carlisle, Pennsylvania, addressed as follows: Jeffrey B. Engle, Esquire Shaffer & Engle Law Offices 129 Market Street Millersburg, PA 17061 TURO LAW OFFICES Omen R. Waltz, Esc 28 South Pitt Streg Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff F: "*r rri lm . . Z CARL E. BLACK, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-3205 CIVIL TERM JENNIE E. BLACK, n/k/a JENNIE E. STONER, Defendant/Petitioner IN CUSTODY ORDER OF COURT AND NOW, this 13th day of February, 2009, after hearing, it is ordered and directed as follows: 1. Father's visitation with the children under the existing custody order shall be suspended until further order of court. 2. Dr. Kenneth Small is authorized to talk to Father with regard to the treatment of the children and is further directed to schedule a session with Father and the children at the earliest possible date consistent with the well-being of the children. 3. Mother is directed to provide the children's e-mail address to Father, and Father may have unlimited contact with the children by e-mail. Mother is directed to assure that the children check their e-mail on a daily basis and promptly respond to Father. 4. Father may call the children by telephone at times that are arranged between the parties. Mother may monitor those phone conversations until further order. 5. Mother and Father are directed to communicate with each other regarding the children. If communication by telephone becomes impossible, then the communication shall be by e-mail. M , '` We will review this matter on Thursday, April 2, 2009, at 1:00 p.m. By the Edward E. Guido, J. Galen R. Waltz, Esquire For the Plaintiff/Respondent Jeffrey B. Engle, Esquire For the Defendant/Petitioner Sheri f f -CQQ srs ty of Y { ?.?, r?+: 1 i?@Z :? ??a ? 1 a?? 6?flZ Jeffrey B. Engle, Esquire 1. D. # 76644 Shaffer & Engle Law Offices 512 Market Street Millersburg, PA 17061 717-692-2345 *phone 717-692-3554 *fax l E'tf?u?sh?erengle. cony CARL E. BLACK, Plaintiff V. JENNIE E. BLACK N/K/A JENNIE, E. STONER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 2008-3205 IN CUSTODY TO THE HONORABLE EDWARD E. GUIDO: JOINT MOTION FOR CONTINUANCE OF CUSTODY HEARING AND NOW, this ?R+day of N?-C K_, 2009, comes the undersigned counsel, Jeffrey B. Engle, attorney for Defendant/Petitioner, Jennie E. Stoner, and respectfully avers as follows: 1. A hearing was last held before This Honorable Court on February 13, 2009, based upon a Custody Modification action filed by the Petitioner, Jennie E. Stoner. 2. Carl E. Black is represented by Galen Waltz, Esquire, located at 28 South Pitt Street Carlisle, PA 17013. 3. Based upon the hearing held on February 13, 2009, This Honorable Court entered an Order which is attached hereto. (See Exhibit 1). 4. This Honorable Court heard testimony from Dr. Kenneth G. Small via telephone at that hearing and entered this Order of Court, which was commensurate with the recommendation provided by Dr. Small. 5. This Honorable Court then scheduled a review of this matter for Thursday, April 2, 2009, at 1:00 PM. 6. Dr. Small has provided an update for both parties since the time of the Custody Hearing on February 13, 2009, which is attached hereto and marked as Exhibit 2. (See copy of letter date March 30, 2009, from Dr. Small). 7. It is believed and therefore averred, that counsel for both parties, as well as each party, has reviewed the recommendation of Dr. Small and is in agreement with his recommendation. (See copy of email correspondence attached hereto as Exhibit 3). 8. It is believed and therefore averred, that the parties will continue with visitation and custodial periods as recommended by Dr. Small. 9. It is believed and therefore averred, that Father understands from Dr. Small's March 30, 2009 communication at numbered paragraphs 1 and 4 that father shall be required to participate in home alcohol testing and Father agrees to Dr. Small's proposal. 10. Accordingly, it is believed and therefore averred, that the necessity for the April 2, 2009, review at 1:00 PM is not required. WHEREFORE, both counsel for the parties hereto respectfully request that This Honorable Court continue this matter generally and that should a disagreement arise, this matter be brought back before This Honorable Court for review, recommendation and amendment if necessary. Respectfully submitted, 1L tY J7 10 7 28 South Pitt Street Carlisle, PA 17013 717-245-9688 *phone 717-245-2165*fax Attorney for Respondent Respectfully submitted, SHAFFER & ENGLE LAW OFFICE ID W7664o" 512 Market Street Millersburg, PA 17061 717-692-2345 *phone 717-692-3554*fax Attorney for Petitioner TURO LAW OFFICES CARL E. BLACK, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-3205 CIVIL TERM JENNIE E. BLACK, n/k/a JENNIE E. STONER, Defendant/Petitioner IN CUSTODY ORDER OF COURT AND NOW, this 13th day of February, 2009, after hearing, it is ordered and directed as follows: 1. Father's visitation with the children under the existing custody order shall be suspended until further order of court. 2. Dr. Kenneth Small is authorized to talk to Father with regard to the treatment of the children and is further directed to schedule a session with Father and the children at the earliest possible date consistent with the well-being of the children. 3. Mother is directed to provide the children's e-mail address to Father, and Father may have unlimited contact with the children by e-mail. Mother is directed to assure that the children check their e-mail on a daily basis and promptly respond to Father. 4. Father may call the children by telephone at times that are arranged between the parties. Mother may monitor those phone conversations until further order. 5. Mother and Father are directed to communicate with each other regarding the children. If communication by telephone becomes impossible, then the communication shall be e-mail., We will review this matter on Thursday, April 2, 2009, at 1:00 p.m. By theme f?f i Edward E. Guido, J. Galen R. Waltz, Esquire For the Plaintiff/Respondent Je f y B. Engle, Esquire Fo the Defendant/Petitioner Sheriff srs TRUE COPS' FROAA RECO =? ?, Testimony whereof, I Mere unto set my hanc .j the seal of said Court at Cariisie. Pa. fin Pra?thono?? Lee W"d Mimed, PsyA KENNETH G. SMALL, Ph.D. AND ASSOCIATES Ste41 DOVI°e' M.S. TM Cues Spaww, MLA. BEHAVIORAL MEDICINE Cbristiee Looks, M.S. 410 E. MAIN ST. Mare 1301tadae, M.S. MECHANIC"SBURG. PA 17455-6515 _ TELEPHONE: (717) 79541588 FAX. (717) 795-0541 March 30, 2009 Jeffrey B. Engle, Esquire Shaffer & Engle Law Offices 129 Market Street Millersburg, PA 17061 Fax: 545-3083/692-3554 RE: Jacob Black, UO)B 11-13-97 and Mary Anna Black, DOB 7-22-99 Psychological Status Update Dear Mr. Engle: I'm writing to provide you with an update on the psychological status of Jacob and Mary Anna Black. 1 have been providing then.l psvehological treatment on an outpatient basis for severe'anxiety after they witnessed domestic violence at their father's house. Custodial visits vAth the children and their father have been suspended pending sufficient resolution of the children's atWety that they will not be re-traumatized by visiting with their father, NY At this time, Jacob and Maly Anna have shown an appro.ximately 75% reduction in their anxiety related to witnessing domestic violence by their father. Both Jacob and Mary Anna fully understand that their father does not behave violently when he is not drinking alcohol., I met with Mr. Carl Black on March 24, 2009, and he tentatively agreed to undergo alcohol testing via a home kit prior to spending time with Jacob and Mary Anna, and I believe that such testing will overcome any residual psychological difficulties that Jacob and Mary Anna have with spending time with their father. Both Mary Anna and Jacob are expecting that their first meeting with their father, since suspension of custody, would he in my office, and 1 recommend that we start reunification with the meeting in lny office. I am scheduled to lneet with Mail Anna and Jacob again on. April 6, and this could be the date for a joint meeting with their father. My reConiniendation for restoration of custody visits between Jacob. -Mary Anna, and their father is as follows: prior to visiting with their father, alcohol testing with 11 home kit be administered. -4;L- Z0 39dd SOSSVT QHd 11dWS ON 109096L-LIL U17:P0 6002/08/80 Kenneth G. Small, Ph.D, and Associates March 30, 2004 letter to Jeffrey B. Engle, Esquire Page 2 RE: Jacob and Mary Anna Black 2. For the first four visits, the visits between the children and their father should be for increasing hours without overnights. 3. After the four visits of increasing fours. resumption of the former custody schedule. 4. Home alcohol testing should continue for six months prior to the children visiting with their father. I would have no problem with amending my recommended schedule for resumption of custody visits between Jacob, Mary Antra, and their father based on a mutual agreement between the children, their mother, and their father. If I can provide you with any other information, please do not hesitate to contact me. Respectfully yours, enneth G Small, Ph.D. Licensed Psychologist KCYS:t 60 39dd OOSSd T QHd 11CWS 971 Tb9096L-LTL bb:V0 600Z/0£/E0 Jeff Engle From: Galen Waltz [turo6@pa.net] Sent: Tuesday, March 31, 2009 9:31 AM To: Jeff Engle Subject: Re: Received by 7176923554 03/30/2009 13:21 Jeff: After reviewing Dr. Small's explanation regarding the word "prior" with my client, my client agrees with Dr. Small's plan as outlined in his March 30, 2009 letter addressed to you and furthermore, it makes little sense to attend a hearing with J. Guido considering your client's posture regarding that same plan. Therefore, I concur with your intention to file a motion requesting a continuance of the hearing; however, considering the controlling February 13, 2009 order "suspending [Father's visitation] until further order of court", we should suggest to the court to provide a temporary custody order mirroring Dr. Small's suggested plan for reunification. Awaiting your response. Galen ----- Original Message ----- From: "Jeff Engle" <Jeff@shafferengle.com> To: <kensmallphd@msn.com> Cc: <gwaltz@turclaw.com> Sent: Monday, March 30, 2009 4:16 PM Subject: FW: Received by 7176923554 03/30/2009 13:21 Dr. Small- Can you please clarify for myself and Attorney Waltz his question contained herein? Thank you for your continuing cooperation and assistance. Jeffrey B. Engle, Esq. 512 Market Street Millersburg, PA 17061 Hbg- (717) 545-3032 Mbg- (717) 692-2345 Fax- (717) 692-3554 Toll Free *1-888-236-9519 www.shafferengle.com -----Original Message----- From: Galen Waltz [mailto:turo6@pa.net] Sent: Monday, March 30, 2009 3:53 PM To: Jeff Engle Subject: Re: Received by 7176923554 03/30/2009 13:21 Jeff: After reviewing Dr. Smalls letter with my client, the proposal appears to contain a contradiction and therefore clarification is required. My client agrees with the first three numbered recommendations. Recommendation number 3 clearly indicates resumption of the former custody schedule after the four visits of increasing length with the children. My client also does not have a problem with home alcohol testing. EXHW The contradiction lies with the word "prior" in numbered paragraph four. Please have Dr. Small explain the contradiction. If Dr. Small means 1 that the home alcohol testing shall occur during 6 months of the resumption of the former custody schedule, as I suspecrt that he does, then in that instance my client agrees. Depending upon the clarification, it appears that my client agrees that meeting with the judge is premature. Galen ----- Original Message ----- From: "Jeff Engle" <Jeff@shafferengle.com> To: <gwaltz@turolaw.com> Sent: Monday, March 30, 2009 3:05 PM Subject: FW: Received by 7176923554 03/30/2009 13:21 Mr. Waltz- Please advise if you and your client will agree to proceed as recommended by Dr. Small. If so, I will file a joint motion requesting that the hearing scheduled for April 2, 2009, be continued to such a time that either party may request. I will attach a copy of Dr. Small's report and indicate that the parties are willing to proceed as indicated. If not, I assume I will see you on April 2. I would anticipate that you will have a copy of the expert's report you mentioned at the last hearing? I have not yet received it. I would not anticipate that you would oppose Dr. Small's testimony via telephone, however, I don't want to assume anything. Please confirm. Jeffrey B. Engle, Esq. 512 Market Street Millersburg, PA 17061 Hbg- (717) 545-3032 Mbg- (717) 692-2345 Fax- (717) 692-3554 Toll Free *1-888-236-9519 www.shafferengle.com -----Original Message----- From: Shaffer & Engle Law Offices [mailto:ToshibaCopier@shafferengle.com] Sent: Monday, March 30, 2009 5:21 PM To: Missy Wise; Elaine Kaup; Jeff Engle Subject: Received by 7176923554 03/30/2009 13:21 Received by 7176923554. Sender:7177950541 Date: 03/30/2009 13:21 Pages:3 Resolution:200x100 DPI Please do not respond to this email, Thanks!!! 2 CARL E. BLACK, Plaintiff?Respondent V. JENNIE E. BLACK N/K/A JENNIE, E. STONER, Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-3205 IN CUSTODY CERTIFICATE OF SERVICE I, JEFFREY B. ENGLE, ESQUIRE, hereby certify that a true and correct copy of the foregoing Joint Petition for Continuance was sent by facsimile and U.S. Mail first class to the following: Galen R. Waltz, Esquire TURO LAW OFFICES 28 South Pitt Street Carlisle, PA 17013 - CA Date: ? ` O Melissa Wise, Paralegal -for Jeffrey B. Engle, Esquire SHAFFER & ENGLE LAW OFFICES 512 Market Street Millersburg, PA 17061 (717) 692-2345 RLEU- O rte, OF THE PRO74 ICTARY 2009 APR -3 PM 1:33 pi, APR 0- 6 2009 CARL E. BLACK, Plaintiff/Respondent V. JENNIE E. BLACK N/K/A JENNIE, E. STONER, Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-3205 IN CUSTODY ORDER AND NOW, this day of April, 2009, based upon the Joint Motion by Counsel, IT IS HEREBY ORDERED AND DECREED that the hearing for April 2, 2009, at 1:00 PM is hereby continued generally. B Judge stribution: Jeffrey B. Engle, Esq. ?Galen R. Waltz, Esq. Copy " ryu- -? LCL .Y/A1Of 512 Market Street, Millersburg, PA 17061 * 717-692-2345 (P) 717-692-3554(F) * jeff@shafferengle.com 28 South Pitt Street, Carlisle, PA 17013 ????? ? .,.