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HomeMy WebLinkAbout04-0845SCOTT J. WERNER, Plaintiff VS. CHARMAINE BOLINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. o r{- ?Y.) IN CUSTODY COMPLAINT FOR CUSTODY AND NOW comes the Plaintiff, SCOTT J. WERNER, by his attorney, Samuel L. Andes, and makes the following Complaint for Custody: 1. The Plaintiff is SCOTT J. WERNER, an adult individual who resides at 101 Willow Grove Road, Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is CHARMAINE BOLINGER, an adult individual who resides at 1974 Fry Loop Avenue, Carlisle, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant are formerly husband and wife and are the parents of two minor child, Erik Scott Werner, age 10, born 13 October 1993, and Joel Jamison Werner, age 7, born 16 April 1996. 4. The children were not born out of wedlock and are presently in the joint custody of the Plaintiff and Defendant. 5. During the past five years, the minor children have resided with the following persons at the following addresses: 1998 to July of 2002 July, 2002, to the present Plaintiff and Defendant in Carlisle, PA Defendant at 1974 Fry Loop Avenue in Carlisle, PA i 6. The Plaintiff is the natural father of the children. Plaintiff currently resides alone except for the times the children are with him. 7. The Defendant is the natural mother of the children. Defendant currently resides with her husband, Douglas Bolinger. 8. The Plaintiff has not participated as a party or in any other way in any litigation concerning the custody of the children in this or any other court. The Plaintiff has no information of a custody proceeding concerning the children pending in a court of this or any other jurisdiction. Plaintiff knows of no other person not a party to this action already who has physical custody of or claims to have custody or visitation rights with the said children. 9. Plaintiff seeks an award of shared legal and physical custody of the children and believes that such an award will be in the children's best interests for the following reasons: A. Plaintiff has always enjoyed a close relationship with both of his children and wishes to maintain and expand upon that relationship; and B. Plaintiff can offer the children the family ties and stability that they require; and C. As the children grow older, they need Plaintiff's presence to provide a suitable male role model for them; and 2 D. Defendant has recently used the children in efforts to control and manipulate Plaintiff and Plaintiff believes it is in the best interests of the children that a fixed custody schedule be determined by the Court to prevent that problem or conduct. 10. 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. WHEREFORE, SCOTT J. WERNER requests this Court to award him shared legal and physical custody of the parties' two minor sons. Sa e1 s Attorney for Plaintiff Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). DATE: /J/M0'/ 3 ? _--,._, --4 I ?_, r: ' ? ?? ? . ?? { ?` ? ( ?? -, _ _ --- ,? I I - v u•' c_ r SCOTT J. WERNER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. CHARMAINE BOLINGER 04-845 CIVIL ACTION LAW IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, March 02, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy Esq. the conciliator, at 301 Market Street Lemoyne PA 17043 on Thursday, April 01, 2004 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ M U a P r v Esq. t Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 A p£ F ?????P£? h47tl!wv £"W OUZ kJA Ir NpN!.0cd ?Hi 20 Kl-la - PJ SCOTT J. WERNER, Plaintiff V. CHARMAINE BOLINGER, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. PRAECIPE Please enter my appearance on behalf of Defendant, Charmaine Vogel Bolinger. Date: March 4, 2004 Mark F. Bayley, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 87663 SCOTT J. WERNER, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION CHARMAINE BOLINGER, : NO. Defendant CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Defendant, Charmaine Vogel Bolinger, do hereby certify that I this day served a copy of the Praecipe to Enter Appearance upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Samuel L. Andes 525 North Twelfth Street P. O. Box 166 Lemoyne, PA 17043 Mark F. Bayley, Esquire Attorney for Defendant Dated: March 4, 2004 C) y C-7 U r TI " ?_ ?'?I 9 ITT n_ APR 3 0 2004 SCOTT J. WERNER, Plaintiff V. CHARMAINE BOLINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-845 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT MA Y AND NOW, this J day of 1 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Scott J. Werner and Charmaine Bolinger, shall have shared legal custody of Eric Scott Werner, born October 13, 1993, and Joel Jamison Werner, born April 16, 1993. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of ;any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full pairticipation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not. limited to: medical records, birth certificates, school or educational records, attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, IEP meetings, extracurricular activities, children's parties, musical presentations, back-to-school night, and the like. 2. Physical Custody. Mother shall have primary physical custody subject to Father's rights of partial custody which shall be arranged as follows: p. mA. Father will have custody on April 16, 2004 until April 18, 2004 at 7:00 M. B. Effective April 23, 2004, alternating weekends from Friday between 5:00 and 6:00 p.m. until Sunday at 7:00 p.m. NC. 04-845 CIVIL TEEN C. On Tuesday and Thursday evenings from 6:00 p.m. to 8:00 p.m. However, if Father is able to get off work and arrange to commence his custodial time at 5:30 p.m., upon notice to Mother, he may do so. 3. Father will meet with Dr. Joann Coslet and Dr. Krebs regarding the children's' needs and how he can best be helpful in parenting the children in light of their special needs. 4. Holidays. The following holiday schedule supercedes the regular schedule. A. The parties will alternate the following holidays beginning with Mother having custody for Memorial Day 2004: Presidents Day, Easter, Memorial Day, Independence Day and Labor Day. B. Thanksgiving. Father will have custody for the weekend prior to Thanksgiving each year for a traditional family celebration that occurs on the Saturday before Thanksgiving. Mother will have custody from Wednesday preceding Thanksgiving from after school until Friday at 6:00 p.m. each year. Father will have custody the Friday after Thanksgiving at 6:00 p.m. until Sunday at 6:00 p.m. C. Spring School Break and Christmas '3chool Break. The parties will share the days that the children are out of school for these school breaks by their mutual agreement. However, in the event that there is no agreement on the sharing of the holiday, Father will have the first half of the Christmas school break and the second half of the Spring School Break in even numbered years and the second half of Christmas School Break and first half of the Spring School Break in odd numbered years. In even numbered years, Mother will have the second half of the Christmas School Break and the first half of the Spring School Break and in odd numbered years Mother will have the first half of the Christmas School Break and second half of the Spring School Break. D. Both parties recognize Mother's family tradition of a gathering that occurs in Pittsburgh around Christmas time and will endeavor to arrange the sharing of the Christmas School Break to continue that tradition. 5. Vacation. Father may exercise vacation time in less than seven day periods which may occur in the summer or during hunting season. The parties will provide each other with notice of their intended vacation plans by May 1sr of each year. In the event that the parties have scheduled conflicting vacations, the first party providing written notice shall have choice of the vacation time. Vacation weeks shall occur from Saturday to Saturday and coincide the vacationing parent's custodial weekend. Each parent shall be entitled to two nonconsecutive weeks of vacation per year, unless otherwise agreed. 6. Both parties shall have the right to reasonable telephone contact with the children during the other party's period of custody/visitation. The children may initiate a telephone call to the non-custodial parent upon their request. Neither party shall interfere NO. 04-845 CIVIL TEW with the other party's telephone contacts with the children. Each party shall make all reasonable efforts to promptly return calls or messages left by the other party regarding the children. In the event that the telephoning parent is not able to complete their call, the custodial parent will return the call promptly to arrange for the children to speak with the non-custodial parent. Dist: ?nuel L. Andes, Esquire, 525 North 12'n Street, Lemoyne, PA 1704:3 J 4ark F. Bayley, Esquire, 155 South Hanover Street, Carlisle, PA 17013 J? o? 05.pb VN'KI ld LINI Sh ?ZI6ld 9- Ad?h001 301'•6-Q?l;a SCOTT J. WERNER, Plaintiff V. CHARMAINE BOLINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-845 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Eric Scott Werner October 13, 1993 Mother Joel Jamison Werner April 16, 1996 Mother 2. A Custody Conciliation Conference was held on April 7, 2004 following Father's February 26, 2004 filing of a Complaint for Custody. Present for the conference were the Father, Scott J. Werner, and his counsel, Samuel J. Andes, Esquire; the Mother, Charmaine Bolinger, and her counsel, Mark Bayley, Esquire. 3. The parties reached many agreements regarding legal custody, holidays, vacation time, telephone contact and weekend periods of custody. However, the parties did not reach an agreement with regard to weekday periods of custody for Father. Therefore, the Conciliator makes a recommendation in the regard. 0y Date Melissa Peel Greevy, Esquire Custody Conciliator :227719 SCOTT J. WERNER, Plaintiff ) VS. ) CHARMAINE BOLINGER, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-845 CIVIL TERM IN CUSTODY PETITION FOR CONTEMPT AND SANCTIONS AND NOW comes the above-named Plaintiff, Scott J. Werner by his attorney, Samuel L. Andes, and petitions the court for contempt and sanctions in this matter and to modify its last order of custody, all based upon the following: 1. The Petitioner herein is the Plaintiff, SCOTT J. WERNER who resides at 101 Willow Grove Road in Carlisle, Pennsylvania 17013. 2. The Respondent herein is the Defendant, CHARMAINE BOLINGER who resides at 1974 Fry Loop Avenue in Carlisle, Pennsylvania 17013. 3. The parties are formerly husband and wife and are the parents of two minor children, Erik Scott Werner, born 13 October 1993 and Joel Jamison Werner, born 16 April 1996. Those children are the subject of an order of court dated 5 May 2004, entered in this action. A copy of that order is attached hereto and marked as EXHIBIT A. 4. Defendant has repeatedly violated the terms of this court's order. Her violations of the order include the following: A. On 4 October 2005, she refused Father's scheduled time of temporary custody with the children without cause; and B. On two separate occasions during the month of October 2005, she refused Father's periods of temporary custody with the parties' son Eric without cause; and C. On the weekend which commenced on Friday, 28 October 2005, she refused Father his periods of temporary custody with the boys without cause or explanation. In fact, when Father came to pick up the children that day, her husband drove her car across the lawn to take the children away from the house so that Father could not see them. In addition to the above examples, there have been several other occasions over the past several months when Defendant has failed or refused to make the children available to Father during his periods of custody or to allow him to have temporary custody of the children in accordance with this court's order. 5. In addition to her clear violations of the order by not allowing Father to have his designated periods of temporary custody, the Defendant has interfered with Father's custodial rights of the children in several ways which have included: A. She prevents Father from having reasonable or frequent telephone contact with the children when they are in her custody; and B. She makes negative and denigrating statements about Father to the children and to other persons in the presence of the children.; and C. She has made false statements to police and to others in an effort to prevent Father from exercising his custodial rights under the present order. All of this conduct is damaging to Father and to the children and to their relationship. 6. Despite repeated requests by Plaintiff, Defendant has not changed her conduct and continues to violate the terms of this court's last order and to otherwise interfere with his custodial rights and his relationship with the children. WHEREFORE, Plaintiff prays this court to adjudge the Defendant in contempt of its prior order, to take whatever steps are reasonably required, in the form of sanctions imposed upon the Defendant, to assure her future compliance with this court's order, and to modify the order so that Plaintiff has the children with him for one substantial block of time each week rather than the current schedule which requires the exchange of custody up to six times a week. 5a r&e-I L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12'hStreet Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: /ASZOS? F,XHTRTT A APR 3 U ZUU4? SCOTT J. WERNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-845 CIVIL TERM V. CHARMAINE BOLINGER, Defendant CIVIL ACTION - LAW IN CUSTODY ,?® ORDER OF COURT J MA V AND NOW, this day of 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Scott J. Werner and Charmaine Bolinger, shall have shared legal custody of Eric Scott Werner, born October 13, 1993, and Joel Jamison Werner, born April 16, 1993. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational records, attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, IEP meetings, extracurricular activities, children's parties, musical presentations, back-to-school night, and the like. 2. Physical Custody. Mother shall have primary physical custody subject to Father's rights of partial custody which shall be arranged as follows: A. Father will have custody on April 16, 2004 until April 18, 2004 at 7:00 p. m. B. Effective April 23, 2004, alternating weekends from Friday between 5:00 and 6:00 p.m. until Sunday at 7:00 p.m. NO. 04-845 CIVIL TERA C. On Tuesday and Thursday evenings from 6:00 p.m. to 8:00 p.m. However, if Father is able to get off work and arrange to commence his custodial time at 5:30 p.m., upon notice to Mother, he may do so. 3. Father will meet with Dr. Joann Coslet and Dr. Krebs regarding the children's' needs and how he can best be helpful in parenting the children in light of their special needs, 4. Holidays. The following holiday schedule supercedes the regular schedule. A. The parties will alternate the following holidays beginning with Mother having custody for Memorial Day 2004: Presidents Day, Easter, Memorial Day, Independence Day and Labor Day. B. Thanksgiving. Father will have custody for the weekend prior to Thanksgiving each year for a traditional family celebration that occurs on the Saturday before Thanksgiving. Mother will have custody from Wednesday preceding Thanksgiving from after school until Friday at 6:00 p.m. each year. Father will have custody the Friday after Thanksgiving at 6:00 p.m. until Sunday at 6:00 p.m. C. Spring School Break and Christmas School Break. The parties will share the days that the children are out of school for these school breaks by their mutual agreement. However, in the event that there is no agreement on the sharing of the holiday, Father will have the first half of the Christmas school break and the second half of the Spring School Break in even numbered years and the second half of Christmas School Break and first half of the Spring School Break in odd numbered years. In even numbered years, Mother will have the second half of the Christmas School Break and the first half of the Spring School Break and in odd numbered years Mother will have the first half of the Christmas School Break and second half of the Spring School Break. D. Both parties recognize Mother's family tradition of a gathering that occurs in Pittsburgh around Christmas time and will endeavor to arrange the sharing of the Christmas School Break to continue that tradition. 5. Vacation. Father may exercise vacation time in less than seven day periods which may occur in the summer or during hunting season. The parties will provide each other with notice of their intended vacation plans by May 1" of each year. In the event that the parties have scheduled conflicting vacations, the first party providing written notice shall have choice of the vacation time. Vacation weeks shall occur from Saturday to Saturday and coincide the vacationing parent's custodial weekend. Each parent shall be entitled to two nonconsecutive weeks of vacation per year, unless otherwise agreed. 6. Both parties shall have the right to reasonable telephone contact with the children during the other party's period of custody/visitation. The children may initiate a telephone call to the non-custodial parent upon their request. Neither party shall interfere 'VO. 04-845 CIVIL TERM with the other party's telephone contacts with the children. Each party shall make all reasonable efforts to promptly return calls or messages left by the other party regarding the children. In the event that the telephoning parent is not able to complete their call, the custodial parent will return the call promptly to arrange for the children to speak with the non-custodial parent. J. Dist: Samuel L. Andes, Esquire, 525 North 12'" Street, Lemoyne, PA 17043 Mark F. Bayley, Esquire, 155 South Hanover Street, Carlisle, PA 17013 TRUE COPY FROM RECORD in Testimony whereof, I here unto set my hand a the )seal of s id Court at arlisfe, Pa. U La...... f.... 9 Pr H SCOTT J. WERNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-845 CIVIL TERM V. CIVIL ACTION - LAW CHARMAINE BOLINGER, Defendant IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Eric Scott Werner October 13, 1993 Mother Joel Jamison Werner April 16, 1996 Mother 2. A Custody Conciliation Conference was held on April 7, 2004 following Father's February 26, 2004 filing of a Complaint for Custody. Present for the conference were the Father, Scott J. Werner, and his counsel, Samuel J. Andes, Esquire; the Mother, Charmaine Bolinger, and her counsel, Mark Bayley, Esquire. 3. The parties reached many agreements regarding legal custody, holidays, vacation time, telephone contact and weekend periods of custody. However, the parties did not reach an agreement with regard to weekday periods of custody for Father. Therefore, the Conciliator makes a recommendation in the regard. o? L4 Date Melissa Peel Greevy, Esquire Custody Conciliator :227719 fa. ? ? ?y ? ? ..w ?..1 ^v N f} ??? -rt _-i --i i.i =_ ti.:: i 4 Y ?v SCOTT J. WERNER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. CHARMAINE BOLINGER DtFFNDANT 04-845 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, December 08, 2005 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. the conciliator, at MDJ Manlove's, 1901 State St., Came Hill, PA 17011 on Friday, January 20, 2006 at 1:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Melissa P. Gteevp, Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717)249-3166 4??r J,-P e2 SCOTT J. WERNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-845 CIVIL TERM V. CHARMAINE BOLINGER, Defendant CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 3d day of , 2006, upon consideration of the attached Custody Conciliation Summary Report, T is hereby ordered and directed as follows: 1. Legal Custody. The parties, Scott J. Werner and Charmaine Bolinger, shall have shared legal custody of Erik Scott Werner, born October 13, 1993, and Joel Jamison Werner, born April 16, 1993. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational records, attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, IEP meetings, extracurricular activities, children's parties, musical presentations, back-to-school night, and the like. 2. Physical Custody. Mother shall have primary physical custody subject to Father's rights of partial custody which shall be arranged as follows: A. Effective January 20, 2006, alternating weekends from Friday between 5:00 and 6:00 p.m. until Sunday at 7:00 p.m. NO, 04-845 CIVIL TERM B. On Tuesday and Thursday evenings from 6:00 p.m. to 8:00 p.m. However, if Father is able to get off work and arrange to commence his custodial time at 5:30 p.m upon notice to Mother, he may do so. C. During the summer school recess, Father's Tuesday and Thursday custodial periods shall be extended until 9:00 p,m. 3. Transportation incident to all custodial exchanges will be provided by the parent receiving custody of the children. 4. Holidays. The following holiday schedule supercedes the regular schedule: A. The parties will alternate the following holidays beginning with Mother having custody for Memorial Day 2006: Presidents Day, Easter, Memorial Day, Independence Day and Labor Day. B. Thanksgiving. Father will have custody for the weekend prior to Thanksgiving each year for a traditional family celebration that occurs on the Saturday before Thanksgiving. Mother will have custody from Wednesday preceding Thanksgiving from after school until Friday at 6:00 p.m. each year. Father will have custody the Friday after Thanksgiving at 6:00 p.m. until Sunday at 6:00 p.m. C. Spring School Break and Christmas School Break. The parties will share the days that the children are out of school for these school breaks by their mutual agreement. However, in the event that there is no agreement on the sharing of the holiday, Father will have the first half of the Christmas school break and the second half of the Spring School Break in even numbered years and the second half of Christmas School Break and first half of the Spring School Break in odd numbered years. In even numbered years, Mother will have the second half of the Christmas School Break and the first half of the Spring School Break and in odd numbered years Mother will have the first half of the Christmas School Break and second half of the Spring School Break. Notwithstanding the above, Christmas shall be divided into two segments, Segment A and Segment B. Segment A shall be from December 24th at Noon until December 25th at noon. Segment B shall be from December 25th at noon until December 26th at noon. In even-numbered years, Mother shall have Segment A and Father shall have Segment B. In odd-numbered years, Father shall have Segment A and Mother shall have Segment B. NO. 04-845 CIVIL TERM D. Both parties recognize Mother's family tradition of a gathering that occurs in Pittsburgh around Christmas time and will endeavor to arrange the sharing of the Christmas School Break to continue that tradition. 5. Vacation. Father may exercise vacation time in less than seven day periods which may occur in the summer or during hunting season. The parties will provide each other with notice of their intended vacation plans by May 1 sl of each year. In the event that the parties have scheduled conflicting vacations, the first party providing written notice shall have choice of the vacation time. Vacation weeks shall occur from Saturday to Saturday and coincide the vacationing parent's custodial weekend. Each parent shall be entitled to two nonconsecutive weeks of vacation per year, unless otherwise agreed. 6. Both parties shall have the right to reasonable telephone contact with the children during the other party's period of custody/visitation. The children may initiate a telephone call to the non-custodial parent upon their request. Neither party shall interfere with the other party's telephone contacts with the children. Each party shall make all reasonable efforts to promptly return calls or messages left by the other party regarding the children. In the event that the telephoning parent is not able to complete their call, the custodial parent will return the call promptly to arrange for the children to speak with the non-custodial parent. 7. The parties will participate in therapeutic family counseling. In the event that the parties cannot agree on a therapist to provide this service, the attorneys will select a therapist from the list of preferred providers through their health insurance coverage. Unreimbursed medical expenses will be shared equally between the parties. Dist: Samuel L. Andes, Esquire, 525 North 121n Street, Lemoyne, PA 17043 Scott Stein, Esquire, 3800 Market Street, Camp Hill, PA 17011 0 3 00 :01:-; t? C- (,,Ij?OOZ >? ' d"iii JO SCOTT J. WERNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-845 CIVIL TERM V. CHARMAINE BOLINGER, CIVIL ACTION - LAW IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME Erik Scott Werner Joel Jamison Werner DATE OF BIRTH October 13, 1993 April 16, 1996 CURRENTLY IN THE CUSTODY OF Mother Mother 2. Father filed a Petition for Contempt and Sanctions on November 29, 2005. A Custody Conciliation Conference was scheduled for January 20, 2006. Attending the conference were: the Father, Scott J. Werner, and his counsel, Samuel L. Andes, Esquire; the Mother, Charmaine Bolinger, and her counsel, Scott Stein, Esquire. The last Order entered in this matter was May 5, 2004. 3. Father's position on custody is as follows: Father alleges that Mother has denied custody of one or both children in October of 2005 on a number of occasions, has prevented telephone contact, has made false statements to police and has made negative comments regarding Father to the children. Father seeks a finding of Contempt, Sanctions and to reorganize the custodial schedule in order to reduce the number of exchanges. Father alleges that Mother interferes with his exercise of summer custody. There have apparently been a number of hostile exchanges between the parties which have included harassment charges being brought between Father and step-father. Additionally, Father alleges that Mother was in jail last year after a fight with her husband. Father proposes to change his Tuesday and Thursday evening periods of custody to a single overnight period of custody to occur on Wednesday evening which would end with him taking the children to school on Thursday morning. Alternatively, Father would like to expand the Tuesday and Thursday custodial periods to 9:00 p.m. during the summer. While Father agrees to participate in therapeutic family counseling, he believes that the unreimbursed medical expenses should be shared equally by the parties. NO. 04-845 CIVIL TERM 4. Mother's position on custody is as follows: Mother's position is that the children need a great deal of structure because they both have Attention Deficit Disorder and one child has Aspergers Syndrome. Mother complains that Father does not provide enough help with the children's homework. Mother strongly resists any notion of overnight periods of custody during the school week. While Mother agrees to participate in therapeutic family counseling, she believes that her contribution should be prorated based on the ratios in the Support Order. 5. The parties have agreed to participate in therapeutic family counseling in an effort to reduce the tension and conflict between them and an effort to build a more cooperative working relationship and positive communication between them as parents of these two boys. The Conciliator also clarified the meaning of language in the Order which specifically provides that the holiday schedule supercedes the regular schedule. The parties also agreed to modify the transportation arrangements in the Order such that Mother would now be required to participate in the transportation incident to custodial exchanges. The Conciliator recommends that the unreimbursed expenses related to therapeutic family counseling be shared equally by the parties. The Conciliator reminded the parties that they are expected to abide by the Court's Order and may not unilaterally change it. l0 db Date Melissa Peel Greevy, Esqu Custody Conciliator :267502 SCOTT J. WERNER, Plaintiff Vs. CHARMATBOLINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2004-845 CIVIL TERM IN CUSTODY PLAINTIFF'S PETITION TO MODIFY AND NOW comes the above-named Plaintiff, by his attorney, Samuel L. Andes, and petitions the court to modify its prior orders of custody in this matter, based upon the following: 1. The Petitioner herein is the Plaintiff. The Respondent herein is the Defendant. 2. Plaintiff and Defendant are the parents of two minor children, Erik Scott Werner, born 13 October 1993 and Joel Jamison Werner, born 16 April 1993. The children are the subject of an order entered by this court dated 3 February 2006, a copy of which is attached hereto and marked as Exhibit A. 3. Since the entry of that order, circumstances have changed in such a way that Plaintiff believes it is in the best interests of the children that he be awarded primary physical custody of both of them. Those circumstances include: A. The mother does not share information regarding the children with father, including information regarding their schooling, their health care, and counseling in which they are involved, all contrary to the provisions of the order giving him shared legal custody of the children. B. The mother exaggerates and distorts the emotional and psychological condition of the children with the result that the children believe they are disturbed and suffer from serious conditions from which they do not suffer. C. The mother has attempted to exclude father from counseling in which the children are involved and has misled the counselors about the father and his involvement with the children. D. The mother has constantly involved the children in her disputes with the father and in her efforts to deprive father of his periods of temporary custody with the children. E. Mother continues to be excitable and erratic in her conduct, including her conduct with and in the presence of the children, which disturbs, upsets, and confuses the children. 4. Petitioner can provide a more suitable, stable and calm home for the children and is prepared and willing to do so. WHEREFORE, Petitioner prays this court to modify its prior order in this matter and award him primary physical custody or, at the minimum, equally shared physical custody of the parties' two sons. Q,2LaL uel L. Andes Attorney for Plaintiff Supreme Court I.D. #1722B 823 North 12th Street Lemoyne, PA 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.B. 4904 (unsworn falsifleation to authorities). Date: _T O . WERMR EXHIBIT A SCOTT J. WERNER, Plaintiff V. CHARMAINE BOLINGER, Defendant J bN 3 2006 / I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-845 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this day of , 2006, upon consideration of the attached Custody Conciliation Summary Report, i is hereby ordered and directed as follows: 1. Legal Custody. The parties, Scott J. Werner and Charmaine Bolinger, shall have shared legal custody of Erik Scott Werner, born October 13, 1993, and Joel Jamison Werner, born April 16, 1993. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational records, attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, IEP meetings, extracurricular activities, children's parties, musical presentations, back-to-school night, and the like. 2. Physical Custody. Mother shall have primary physical custody subject to Father's rights of partial custody which shall be arranged as follows: A. Effective January 20, 2006, alternating weekends from Friday between 5:00 and 6:00 p.m. until Sunday at 7:00 p.m. NO. 04-845 CIVIL TERM B. On Tuesday and Thursday evenings from 6:00 p.m. to 8:00 p.m. However, if Father is able to get off work and arrange to commence his custodial time at 5:30 p.m., upon notice to Mother, he may do so. C. During the summer school recess, Father's Tuesday and Thursday custodial periods shall be extended until 9:00 p.m. 3. Transportation incident to all custodial exchanges will be provided by the parent receiving custody of the children. 4. Holidays. The following holiday schedule supercedes the regular schedule: A. The parties will alternate the following holidays beginning with Mother having custody for Memorial Day 2006: Presidents Day, Easter, Memorial Day, Independence Day and Labor Day. B. Thanksgiving. Father will have custody for the weekend prior to Thanksgiving each year for a traditional family celebration that occurs on the Saturday before Thanksgiving. Mother will have custody from Wednesday preceding Thanksgiving from after school until Friday at 6:00 p.m. each year. Father will have custody the Friday after Thanksgiving at 6:00 p.m. until Sunday at 6:00 p.m. C. Spring School Break and Christmas School Break. The parties will share the days that the children are out of school for these school breaks by their mutual agreement. However, in the event that there is no agreement on the sharing of the holiday, Father will have the first half of the Christmas school break and the second half of the Spring School Break in even numbered years and the second half of Christmas School Break and first half of the Spring School Break in odd numbered years. In even numbered years, Mother will have the second half of the Christmas School Break and the first half of the Spring School Break and in odd numbered years Mother will have the first half of the Christmas School Break and second half of the Spring School Break. Notwithstanding the above, Christmas shall be divided into two segments, Segment A and Segment B. Segment A shall be from December 24th at Noon until December 25th at noon. Segment B shall be from December 25th at noon until December 26th at noon. In even-numbered years, Mother shall have Segment A and Father shall have Segment B. In odd-numbered years, Father shall have Segment A and Mother shall have Segment B. NO. 04-845 CIVIL TERM D. Both parties recognize Mother's family tradition of a gathering that occurs in Pittsburgh around Christmas time and will endeavor to arrange the sharing of the Christmas School Break to continue that tradition. 5. Vacation. Father may exercise vacation time in less than seven day periods which may occur in the summer or during hunting season. The parties will provide each other with notice of their intended vacation plans by May 1St of each year. In the event that the parties have scheduled conflicting vacations, the first party providing written notice shall have choice of the vacation time. Vacation weeks shall occur from Saturday to Saturday and coincide the vacationing parent's custodial weekend. Each parent shall be entitled to two nonconsecutive weeks of vacation per year, unless otherwise agreed. 6. Both parties shall have the right to reasonable telephone contact with the children during the other party's period of custody/visitation. The children may initiate a telephone call to the non-custodial parent upon their request. Neither party shall interfere with the other party's telephone contacts with the children. Each party shall make all reasonable efforts to promptly return calls or messages left by the other party regarding the children. In the event that the telephoning parent is not able to complete their call, the custodial parent will return the call promptly to arrange for the children to speak with the non-custodial parent. 7. The parties will participate in therapeutic family counseling. In the event that the parties cannot agree on a therapist to provide this service, the attorneys will select a therapist from the list of preferred providers through their health insurance coverage. Unreimbursed medical expenses will be shared equally between the parties. Dist: Samuel L. Andes, Esquire, 525 North 12`n Street, Lemoyne, PA 17043 Scott Stein, Esquire, 3800 Market Street, Camp Hill, PA 17011 rc U1 W FROM Fi ORU to T*urwq wtwed, I hereunto set my h aW e.,d the u W at salts Court at Cw", PL (o chip. 3 A"t da*r -200(o Prothonowif Edward E. Guido, J. fir.:., ?kY SCOTT J. WERNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-845 CIVIL TERM V. CHARMAINE BOLINGER, Defendant CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF_BIRTH CURRENTLY IN THE CUSTODY OF Erik Scott Werner October 13, 1993 Mother Joel Jamison Werner April 16, 1996 Mother 2. Father filed a Petition for Contempt and Sanctions on November 29, 2005. A Custody Conciliation Conference was scheduled for January 20, 2006. Attending the conference were: the Father, Scott J. Werner, and his counsel, Samuel L. Andes, Esquire; the Mother, Charmaine Bolinger, and her counsel, Scott Stein, Esquire. The last Order entered in this matter was May 5, 2004. 3. Father's position on custody is as follows: Father alleges that Mother has denied custody of one or both children in October of 2005 on a number of occasions, has prevented telephone contact, has made false statements to police and has made negative comments regarding Father to the children. Father seeks a finding of Contempt, Sanctions and to reorganize the custodial schedule in order to reduce the number of exchanges. Father alleges that Mother interferes with his exercise of summer custody. There have apparently been a number of hostile exchanges between the parties which have included harassment charges being brought between Father and step-father. Additionally, Father alleges that Mother was in jail last year after a fight with her husband. Father proposes to change his Tuesday and Thursday evening periods of custody to a single overnight period of custody to occur on Wednesday evening which would end with him taking the children to school on Thursday morning. Alternatively, Father would like to expand the Tuesday and Thursday custodial periods to 9:00 p.m. during the summer. While Father agrees to participate in therapeutic family counseling, he believes that the unreimbursed medical expenses should be shared equally by the parties. NO. 04-845 CIVIL TERM 4. Mother's position on custody is as follows: Mother's position is that the children need a great deal of structure because they both have Attention Deficit Disorder and one child has Aspergers Syndrome. Mother complains that Father does not provide enough help with the children's homework. Mother strongly resists any notion of overnight periods of custody during the school week. While Mother agrees to participate in therapeutic family counseling, she believes that her contribution should be prorated based on the ratios in the Support Order. 5. The parties have agreed to participate in therapeutic family counseling in an effort to reduce the tension and conflict between them and an effort to build a more cooperative working relationship and positive communication between them as parents of these two boys. The Conciliator also clarified the meaning of language in the Order which specifically provides that the holiday schedule supercedes the regular schedule. The parties also agreed to modify the transportation arrangements in the Order such that Mother would now be required to participate in the transportation incident to custodial exchanges. The Conciliator recommends that the unreimbursed expenses related to therapeutic family counseling be shared equally by the parties. The Conciliator reminded the parties that they are expected to abide by the Court's Order and may not unilaterally change it. I J ?d/ Date Melissa Peel Greevy, Esqu Custody Conciliator :267502 CK) tg d SCOTT J. WERNER, Plaintiff VS. CHARMAINE BOLINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2004-845 CIVIL TERM IN CUSTODY The Honorable Edward E. Guido, J. PLAINTIFF'S PETITION FOR EMERGENCY RELIEF AND NOW comes the above-named Plaintiff, by his attorney, Samuel L. Andes, and petitions the Court for emergency relief, to grant him his summer vacation schedule of custody with his children, based upon the following: The Petitioner herein is the Plaintiff. The Respondent is the Defendant, Charmaine Bolinger, who resides at 1974 Fry Loop Avenue in Carlisle, Cumberland County, Pennsylvania. 2. The Respondent has advised Plaintiff and his attorney that she is no longer represented by an attorney. 3. Plaintiff and Defendant are the parents of two minor sons, Eric Scott Werner, born October 13, 1993, and Joel Jamison Werner, born 16 April 1996. The children are the subject of an order of custody entered by this Court on 5 May 2004, a copy of which is attached hereto and marked as Exhibit A. 4. Pursuant to the current custody order, and specifically Paragraph 5 thereof, Plaintiff is entitled to two weeks per year of custody of the children for purposes of vacation. In compliance with the current custody order, Plaintiff advised Defendant, by a letter dated 27 April 2006, of the times he planned to have the children for his summer vacation periods of temporary custody. A copy of that letter is attached hereto and marked as Exhibit B. Plaintiff was unable to exercise his first period of summer vacation custody with the children because he was seriously injured in a motor vehicle accident in June and was hospitalized during the period of time he was scheduled to have the children for his summer vacation custody period. 7. The Defendant has failed and refused to allow Plaintiff to have the children for his summer vacation custody periods in accordance with the order and with Plaintiffs notification to her. Most recently, when Plaintiff went to Defendant's home to pick up the children to commence his week of summer vacation custody, she refused to allow him to take the children and, when he returned a second time, she had removed the children from her home and he was not able to locate Defendant or the children. The periods of summer vacation custody are of great importance to Plaintiff and, unless he is granted custody of the children soon, he will miss the opportunity to have them during the summer months when they are not attending school. 9. Defendant has willfully violated this Court's order and has offered no valid reason or excuse for not permitting Plaintiff to have the children for his periods of summer vacation custody. WHEREFORE, Plaintiff prays this Court to enter an order granting him custody of his children commencing at 4:00 p.m. on Friday, 18 August 2006, and continuing through 4 p.m. on Monday, 4 September 2006. Samue L. Andes Attorney for Plaintiff Supreme Court I.D. #17225 P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unworn falsification to authorities). Date: e",5'ly )F SERVICE i I served a copy of the foregoing 1e prepaid, addressed as follows: ne Bolinger Loop Avenue PA 17013 &)Sa 9 el L. An s ttorney for Plaintiff jpreme Court ID 17225 0. Box 168 :moyne, PA 17043 APR 3 U tuU4 V 0 SCOTT J. WERNER, Plaintiff V. CHARMAINE BOLINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-845 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT /77A V AND NOW, this day of AKi{; 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Scott J. Werner and Charmaine Bolinger, shall have shared legal custody of Eric Scott Werner, born October 13, 1993, and Joel Jamison Werner, born April 16, 1993. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not. limited to: medical records, birth certificates, school or educational records, attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, IEP meetings, extracurricular activities, children's parties, musical presentations, back-to-school night, and the like. 2. Physical Custody. Mother shall have primary physical custody subject to Father's rights of partial custody which shall be arranged as follows: A. Father will have custody on April 16, 2004 until April 18, 2004 at 7:00 p.ni. B. Effective April 23, 2004, alternating weekends from Friday between 5:00 and 6:00 p.m. until Sunday at 7:00 p.m. Plaintiff's Exhibit NO. 04-845 CIVIL TERRA C. On Tuesday and Thursday evenings from 6:00 p.m. to 8:00 p.m. However, if Father is able to get off work and arrange to commence his custodial time at 5:30 p.m., upon notice to Mother, he may do so. 3. Father will meet with Dr. Joann Coslet and Dr. Krebs regarding the children's' needs and how he can best be helpful in parenting the children in light of their special needs. 4. Holidays. The following holiday schedule supercedes the regular schedule. A. The parties will alternate the following holidays beginning with Mother having custody for Memorial Day 2004: Presidents Day, Easter, Memorial Day, Independence Day and Labor Day. B. Thanksgiving. Father will have custody for the weekend prior to Thanksgiving each year for a traditional family celebration that occurs on the Saturday before Thanksgiving. Mother will have custody from Wednesday preceding Thanksgiving from after school until Friday at 6:00 p.m. each year. Father will have custody the Friday after Thanksgiving at 6:00 p.m. until Sunday at 6:00 p.m. C. Spring School Break and Christmas School Break. The parties will share the days that the children are out of school for these school breaks by their mutual agreement. However, in the event that there is no agreement on the sharing of the holiday, Father will have the first half of the Christmas school break and the second half of the Spring School Break in even numbered years and the second half of Christmas School Break and first half of the Spring School Break in odd numbered years. In even numbered years, Mother will have the. second half of the Christmas School Break and the first half of the Spring School Break and in odd numbered years Mother will have the first half of the Christmas School Break and second half of the Spring School Break. D. Both parties recognize Mother's family tradition of a gathering that occurs in Pittsburgh around Christmas time and will endeavor to arrange the sharing of the Christmas School Break to continue that tradition. 5. Vacation. Father may exercise vacation time in less than seven day periods which may occur in the summer or during hunting season. The parties will provide each other with notice of their intended vacation plans by May 1st of each year. In the event that the parties have scheduled conflicting vacations, the first party providing written notice shall have choice of the vacation, time. Vacation weeks shall occur from Saturday to Saturday and coincide the vacationing parent's custodial weekend. Each parent shall be entitled to two nonconsecutive weeks of vacation per year, unless otherwise agreed. 6. Both parties shall have the right to reasonable telephone contact with the children during the other party's period of custody/visitation. The children may initiate a telephone call to the non-custodial parent upon their request. Neither party shall interfere ` ,. NO. 04-845 CIVIL TEAL with the other party's telephone contacts with the children. Each party shall make all reasonable efforts to promptly return calls or messages left by the other party regarding the children. In the event that the telephoning parent is not able to complete their call, the custodial parent will return the call promptly to arrange for the children to speak with the non-custodial parent. J. Dist: Samuel L. Andes, Esquire, 525 North 12th Street, Lemoyne, PA 17043 Mark F. Bayley, Esquire, 155 South Hanover Street, Carlisle, PA 17013 `RUE COPY FROM RECORD In Testimbny whereof, I here unfo set my hand aAthe. seal of *id Court aj,Qarlisle, Pa. w.,.. SM+ Thursday, April 27, 2006 2nd Updated Request Charmaine Bolinger Cc Samuel L. Andes 525 N le St. Lemoyne, Pa 17043 This is to notify you of the vacations I am taking with Erik and Joel: June 24, 2006 until July 1, 2006, 1 will pick them up on June 23rd normal time, which is my coinciding weekend. August 12, 2006 at 5:00 a.m. until August 19, 2006, you can pick them up July 20th at normal time, which is my coinciding weekend. Would also like to have them to keep them over night July 2& and all day the following day leading into my weekend, with your agreement. Scott J. Werner 8. w n, ?v ?n ar" SCOTT J. vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2004-845 CIVIL TERM CHARMAINE IN CUSTODY The Honorable Edward E. Guido, J. ORDER OF COURT AND NOW, within petition, a .b of the Cumb the relief requested I !ems day of 2006, upon consideration of the •ence is hereby scheduled before the undersigned, in Court Room No. County Court House, on% the 17!'day of 2006, commencing at 3 .'V D o'clock .m., to determine whether should be granted. BY THE COURT, V* 'A' ?" N ? J. DISTRIBUTION: Samuel L. And S, Attorney for Plaintiff, P.O. Box 168, Lemoyne, PA 1704 Charmaine Bo ' ger, pro se, 1974 Fry Loop Avenue, Carlisle, PA 17013 ?aa SCOTT J. WERNER'? : IN THE COURT OF COMMON PLEAS OF Plainti : CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-0845 CIVIL V. CHARMAINE CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, his 16th day of August, 2006, the Cumberland County Sheriffs Department IS HEREBY ORDERED AND DIRECTED to attempt personal service and post a copy of the Order of Court setting a conference for Thursday, August 17, 2006 at 3:00 p.m. regarding the Plaintiffs Petition for Emergency Relief 1974 Fry Loop determine the address of the Defendant, Charmaine Bolinger, e, Carlisle, PA. The reason for the conference is to or not the Emergency Relief should be granted. By the Court, Samuel L. Andes, Attorney for Plainti Charmaine Bo 1974 Fry Loop Vsk -? UA \/ M. L. Ebert, Jr., J. :squire r, Pro Se iue, Carlisle, PA 17013 VIN ASNN3d I z --Z bid 91 OR 9001 Moii oHiodd 3H1 JO MARIA P. COGNETTI & ASSOCIATES KRISTOPHER T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant/Respondent SCOTT J. WERNER, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. CHARMAINE BOLINGER, Defendant/Respondent NO. 2004-845 CIVIL ACTION - LAW IN CUSTODY DEFENDANT'S ANSWER TO PLAINTIFF'S PETITION FOR EMERGENCY RELIEF AND NOW, comes Defendant, Charmaine Bolinger, by and through her attorney, Kristopher T. Smull, Esquire, with this Answer to Plaintiff's Petition for Emergency Relief and hereby avers as follows: Admitted. 2. Admitted with clarification. It is admitted that Respondent advised Petitioner and his counsel that she was not represented by an attorney; however, Respondent retained the firm of Maria P. Cognetti and Associates on August 17, 2006. 3. Admitted and denied. It is admitted that the parties are the natural parents of Eric Werner and Joel Werner. It is denied that the current Order of Court is the order entered on May 5, 2004. The current Order of Court was entered on February 3, 2006, a copy of which is attached hereto, made a part hereof and marked Exhibit "A." 4. Admitted. The language in Paragraph 5 of the Order of Court of February 3, 2006 is identical to that of the Order of Court of May 5, 2004. 5. Admitted; however, by way of further answer, the letter referred to as Petitioner's Exhibit "B" states that the time of the pick-up for said vacation was to be 8:00 a.m., and Petitioner arrived for the children the night before at 10:00 p.m. 6. Admitted; however, by way of further answer, because Petitioner was laid up at home, Respondent consistently brought the children to his home every Tuesday and Thursday form 1:00 p.m. until 9:00 p.m. so that he could spend extra time with them. The February 3, 2006 Order of Court requires that Plaintiff get the children from 6:00 p.m. until 9:00 p.m. only. Denied. The first time that Petitioner arrived to retrieve the children was on Friday, August 11, 2006 at 10:00 p.m., in contradiction of the Order of Court and to Petitioner's letter which states that he would pick-up the children at 8:00 a.m. on Saturday, August 12, 2006. By way of further answer, Petitioner put the children in his car and refused to let them out for a period of over 20 minutes. The police had to be called to order Petitioner to release the children. Further, during the period that the children were being held captive in Petitioner's car, Respondent was severely injured when she reached into the car to try and release the children and the window was closed on her arm. When Petitioner arrived the following day to retrieve the children Respondent was at the hospital with the children receiving treatment for the severe injury caused by Petitioner. 8. No response is required pursuant to the Pennsylvania Rules of Civil Procedure. 9. Denied. After the incident which occurred on August 12, 2006 Respondent filed for a Protection from Abuse Order, which is presently pending before the Court, and was instructed by the police to have no contact with Petitioner. WHEREFORE, Respondent respectfully requests that this Honorable Court deny Petitioner's requested relief. Respectfully Submitted: MARIA . GNETTI & ASSOCIATES Date: June 30, 2006 By: KAIWOPHER T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant/Respondent VERIFICATION I, Charmaine Bolinger, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn verification to authorities. f1 ?D h n ,' /I I] l vin/ Dat 1 O \ Al CAtJI14u/?'L JL "mil Charmaine Bolinger MIJ ?0 2006 SCOTT J. WERNER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 04-845 CIVIL TERM V. CIVIL ACTION - LAW CHARMAINE BOLINGER, IN CUSTODY Defendant ORDER OF COURT AND NOW, this day ofx 2006, upon consideration of the attached Custody Conciliation Summary Report, i is hereby ordered and directed as follows: 1. Legal Custody.. The parties, Scott J. Werner and Charmaine Bolinger, shall have shared legal custody of Erik Scott Werner, born October 13, 1993, and Joel Jamison Werner, born April 16, 1993. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational records, attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, IEP meetings, extracurricular activities, children's parties, musical presentations, back-to-school night, and the like. 2. Physical Custody. Mother shall have primary physical custody subject to Father's rights of partial custody which shall be arranged as follows: A. Effective January 20, 2006, alternating weekends from Friday between 5:00 and 6:00 p.m. until Sunday at 7:00 p.m. NO. 04-845 CIVIL TERM B. On Tuesday and Thursday evenings from 6:00 p.m. to 8:00 p.m. However, if Father is able to get off work and arrange to commence his custodial time at 5:30 p.m., upon notice to Mother, he may do so. C. During the summer school recess, Father's Tuesday and Thursday custodial periods shall be extended until 9:00 p.m. 3. Transportation incident to all custodial exchanges will be provided by the parent receiving custody of the children. 4. Holidays. The following holiday schedule supercedes the regular schedule: A. The parties will alternate the following holidays beginning with Mother having custody for Memorial Day 2006: Presidents Day, Easter, Memorial Day, Independence Day and Labor Day. B. Thanksgiving. Father will have custody for the weekend prior to Thanksgiving each year for a traditional family celebration that occurs on the Saturday before Thanksgiving. Mother will have custody from Wednesday preceding Thanksgiving from after school until Friday at 6:00 p.m. each year. Father will have custody the Friday after Thanksgiving at 6:00 p.m. until Sunday at 6:00 p.m. C. Spring School Break and Christmas School Break. The parties will share the days that the children are out of school for these school breaks by their mutual agreement. However, in the event that there is no agreement on the sharing of the holiday, Father will have the first half of the Christmas school break and the second half of the Spring School Break in even numbered years and the second half of Christmas School Break and first half of the Spring School Break in odd numbered years. In even numbered years, Mother will have the second half of the Christmas School Break and the first half of the Spring School Break and in odd numbered years Mother will have the first half of the Christmas School Break and second half of the Spring School Break. Notwithstanding the above, Christmas shall be divided into two segments, Segment A and Segment B. Segment A shall be from December 24th at Noon until December 25th at noon. Segment B shall be from December 25th at noon until December 26th at noon. In even-numbered years, Mother shall have Segment A and Father shall have Segment B. In odd-numbered years, Father shall have Segment A and Mother shall have Segment B. N0.04-845 CIVIL TERM Both parties recognize Mother's family tradition of a gathering that occurs in Pittsburgh around Christmas time and will endeavor to arrange the sharing of the Christmas School Break to continue that tradition. 5. Vacation. Father may exercise vacation time in less than seven day periods which may occur in the summer or during hunting season. The parties will provide each other with notice of their intended vacation plans by May 1st of each year. In the event that the parties have scheduled conflicting vacations, the first party providing written notice shall have choice of the vacation time. Vacation weeks shall occur fro It and coincide the vacationing parent's custodial weekend. Each parent shall be entitled to two nonconsecutive weeks of vacation per year, unless otherwise agreed. 6. Both parties shall have the right to reasonable telephone contact with the children during the other party's period of custody/visitation. The children may initiate a telephone call to the non-custodial parent upon their request. Neither party shall interfere with the other party's telephone contacts with the children. Each party shall make all reasonable efforts to promptly return calls or messages left by the other party regarding the children. In the event that the telephoning parent is not able to complete their call, the custodial parent will return the call promptly to arrange for the children to speak with the non-custodial parent. 4 i Thkparties-wilLparticipate. irttherapeutiafamily,Counseling; In the event that the parties cannot agree on a therapist to provide this service, the attorneys will select a therapist from the list of preferred providers through their health insurance coverage. Unreimbursed medical expenses will be shared equally b?the parties. BY THE Edward E. Guido, J. Dist: Samuel L. Andes, Esquire, 525 North 12'" Street, Lemoyne, PA 17043 Scott Stein, Esquire, 3800 Market Street, Camp Hill, PA 17011 TRUE COM FrROMI MrX(J .0 IR Taltifiir N art, I W4 unit) 30t rrty ttasad and tw &W rat sales t ;xtad zt i';W". PC Prothortl irv c ?, ? ?,s; ,? ? ?? ?, ?: J ?g -,- -. ? ?. ??? y, - ? 'rn 5 .:., ? ; 1°C L ? p S) yC ? SCOTT J. WERNER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-0845 CIVIL CIVIL ACTION - LAW CHARMAINE BOLINGER, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 17'" day of August, 2006, on Plaintiffs Petition for Emergency Relief and following a conference with counsel, IT IS HERBY ORDERED AND DIRECTED as follows: 1. The Father, Scott J. Werner, shall have custody of both children from 5:00 p.m. on August 17, 2006 at which time he shall pick up the children at the Mother's home, until 10:00 a.m. on Sunday, August 20, 2006 at which time Mother shall pick the children up at Father's house. During this time, Father shall assure that the children are present at their church for a photo session scheduled for Saturday, August 19, 2006. 2. Father shall then have custody of both children from after the baptism service at their church on Sunday, August 20, 2006 until 4:00 p.m. August 27, 2006 at which time mother shall pick up the children at Father's house. 3. Father shall have custody of both children from 9:00 a.m. Friday, September 1, 2006, at which time he shall pick up the children at Mother's house until 9:00 a.m. Sunday, September 3, 2006, at which time Mother shall pick up the children at Father's house and she shall keep them until 9:00 a.m. Tuesday, September 4, 2006, when the regular custody schedule will continue. 4. In addition to the above, Father shall have the children for another week of vacation during the month of September or October 2006 on two weeks notice to Mother. His week will commence at the beginning of his weekend schedule and end Saturday one week later at 10:00 a.m. The schedule provided in prior orders of court will continue except as expressly set forth herein. This order is intended to provide for Father's periods of vacation for the year 2006. By the Court, M. L. Ebert, Jr., J. Samuel Andes, Esquire. Attorney for Plaintiff KristopherT. Smull, Esquire - ,no -st- A? Attorney for Defendant o O ? _? rn 3 n c SCOTT J. WERNER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. CHARMAINE BOLINGER DEFENDANT 04-845 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, August 17, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. the conciliator, at MDJ Manlove, 1901 State St., Camp Hill, PA 17011 on Friday, September 15, 2006 at 2:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Melissa P. Greets Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ',-°frwp -,,-z ?VIPW ?+ 708/./3 P,?*Vw ?rf1F vw 4d -,z w w s VINV IASNN3d AtNn(-,, n •;,, ;Li ?Vwino oo o Rd 8! gnv 9002 Awiu0 crlio'dd 3% d0 3?id??-?731?d Nov 0 3 2006 SCOTT J. WERNER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 04-845 CIVIL TERM V. CIVIL ACTION - LAW CHARMAINE BOLINGER, IN CUSTODY Defendant ORDER OF COURT AND NOW, this C?J day of November, 2006, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Custody Evaluation. The parties shall submit themselves and their minor children to an independent custody evaluation to be performed by Reigler Sheinvold and Associates. The parties shall sign all necessary releases and authorizations for the evaluator to obtain medical and psychological information pertaining to the parties. Additionally, the parties shall extend their full cooperation in completing this evaluation in a timely fashion and in the scheduling of appointments. 2. The initial cost of the evaluation will be allocated between the parties .31 % Mother, (P? % Father. Either party may petition the Court for reallocation of the costs of the evaluation after it has been completed. Y THE COURT: Dist: Edward E. Guido, J. Xmuel L. Andes, Esquire, 525 North 12th Street, Lemoyne, PA 17043 :Xris Smull, Esquire, Suite 102,210 Gra view Avenue, Camp Hill, PA 17011 i `" . ; ?'' ? ?,,, r,,;'1?, .? . ??? -?? :?? ? ? t ?_ ? ,. SCOTT J. WERNER, Plaintiff V. CHARMAINE BOLINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-845 CIVIL TERM : CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Erik Scott Werner October 13, 1993 Mother Joel Jamison Werner April 16, 1996 Mother 2. Father filed a Petition for Modification of Custody on August 14, 2006. A Custody Conciliation Conference was scheduled for October 27, 2006. In attendance were the Father, Scott J. Werner, and his counsel, Samuel L. Andes, Esquire; the Mother, Charmaine Bolinger, and her counsel, Kris Smull, Esquire. 3. Father's position on custody is as follows: Father filed the Petition seeking primary custody of the children because Mother does not share information with him regarding school, counseling and health care issues; Mother exaggerates the children's emotional condition; Mother has excluded Father from family counseling; the Mother involves the children in her disputes with Father; and the Mother's conduct disturbs the children. Father further reports that Mother has interfered with his exercise of partial custody and sometimes does not send the children if she believes that they do not want to come. The situation has been a chronic escalating conflict in which Father alleges that Mother disparages him and intentionally disrupts the relationship with the children and Father. Father claims that Mother has struck him at the time of custodial exchanges and that police have been involved with the family numerous times. Both parties have been allegedly charged with harassment as a result of their disputes. It was necessary for the parties to become involved with Judge Ebert on a Petition for Special Relief when there were difficulties with the exercise of Father's periods of custody for purposes of vacation in August of 2006. s NO. 04-845 CIVIL TERM The boys continue to be involved in intensive levels of mental health care including therapeutic support and family based treatment. Both children are on medication prescribed by Dr. Janiece Andrews, M.D. Despite intensive levels of treatment, the parents are not able to communicate effectively for the benefit of the children. Accordingly, Father thinks that a custody evaluation is necessary as a precedent to the Court making a decision with regard to his Petition for Primary Custody. Father's position is that the parties should equally contribute to the initial cost of the evaluation with each reserving the right to have the Court reallocate their respective contributions to the cost of the custody evaluator at a later date. Father reports that the August, 2006 Child Support Order allocated unreimbursed medical expenses at 69% to Father and 31% to Mother. Father's counsel notes that the 69% allocated to Father was based on his disability income at the time. Father has returned to work but has restrictions on what he is allowed to do. The previous Support Order was allocated 77% and 23%. At the time of the August, 2006 Order, Mother allegedly provided no information to support conference with regard to her income. However, her new counsel indicates that she is employed part-time out of her home as a hairdresser. Father anticipates that he may be laid off in November or December of this year. Father has not remarried. However, he has a long-term relationship with a woman who resides in his home. Father claims that he can rearrange his work schedule in order to care for the children. He also reports that his live-in girlfriend can help with the care of the children when he has to work longer hours, such as occurs during the summer. 4. Mother's position on custody is as follows: Mother reports that while she would agree to participate in the evaluation, she does not believe that this is the right time for the children to go through an evaluation. The children and parents are presently involved in a 32-week family based therapy program which they are approximately half way through. Mother would prefer to wait until after the completion of this program before involving the children with evaluative professionals. With regard to Mother's ability to contribute to the cost of the evaluation, Mother reports that she cannot afford a lot and, in fact, offered no percentage whatsoever of any contribution that she could make toward the cost of the evaluation. Mother claims that she has no savings and that because of her limited part-time income she has no ability to contribution to the cost of the evaluation. Mother continues to work part-time. Mother has remarried and is largely supported by her new husband. 5. Because of the chronic levels of conflict and the particular vulnerability of these children to the emotional harm caused by the ongoing and escalating conflict between the parents, the undersigned is of the opinion that a custody evaluation is an appropriate tool to help establish the children's best interest. The children are both being treated for Asperger's Syndrome and one of the children is also being treated for attention deficit disorder. The children's family based mental health services treatment plans include goals targeting and addressing conflict and communication between the parents. Counsel for the parties have agreed that the Court would, in an Order, allocate the initial cost of the custody evaluation based on the conciliator's report. Counsel also agree that the Court would retain jurisdiction for NO. 04-845 CIVIL TERM purposes of allocating the final cost sharing of the expenses associated with the custody evaluation. Counsel for the parties will have the parents contact Reigler Sheinvold and Associates to arrange the initial appointments. I I/,/ o/9 Da e Melissa Peel Greevy, Esquire Custody Conciliator :285882 SCOTT J. WERNER, Plaintiff vs. CHARMAINE BOLINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-845 CIVIL TERM IN CUSTODY PLAINTIFF'S PETITION FOR EMERGENCY RELIEF AND NOW comes the above-named Plaintiff, by his attorney, Samuel L. Andes, and petitions the court for emergency relief, based upon the following: 1. The Petitioner herein is the Plaintiff. The Respondent herein is the Defendant. 2. The parties are formerly husband and wife and are the parents of two minor children, Erik Scott Werner, now age 13, born 13 October 1993 and Joel Jamison Werner, now age 11, born 16 April 1996. The children are the subject of prior orders of this court, including an order dated 3 February 2006, a copy of which is attached hereto and marked as Exhibit A. 3. In August of 2006 Plaintiff filed a Petition to modify the existing order requesting that he be awarded primary physical custody or shared physical custody of the children. Pursuant to a subsequent order entered by this court, the parties have been involved in a custody evaluation process since November of 2006. As yet, no evaluation report has been issued. 4. On 5 June 2007, following an incident between the parties and a disagreement between the Defendant and the parties' older child Erik, Defendant and her current husband ordered Erik out of their home and directed that he stay and live with Plaintiff. The child has been with Plaintiff since that incident. 5. Plaintiff believes it will be in the best interest of the older child, Erik, to remain in his custody until such time as the pending petition for modification is determined by the parties or, if necessary, by the court. He believes such an arrangement will be in the best interest of the child for the following reasons: A. The Defendant and her current husband clearly no longer wish Erik to reside with them or in their custody; and B. Plaintiff is ready and able to make a good and adequate home for the child; and its father, the Plaintiff; and D. The situation at the Defendant's home, and her relationship with the children, has deteriorated significantly over the past year so that her home is no longer an appropriate place for Erik to reside until the court can decide the ultimate custody issue now pending before it. 6. Plaintiff requires an order modifying the existing order of court so there will not be disagreements in the future about Erik's custody, so he can make arrangements to enroll Erik in school under his supervision, and so he can otherwise exercise the rights and duties of physical custody with regard to the child. 7. The Honorable Edward Guido has entered prior orders in this case, most recently in November of 2006. 8. Plaintiff believes that Defendant may agree to the entry of this temporary order regarding custody of Erik but has not been able to communicate with her regarding that matter. Plaintiff's attorney has sent a copy of this Petition to Defendant's attorney but has not, due to the emergency nature of this matter, yet had the opportunity to receive a response from Defendant's attorney. WHEREFORE, Plaintiff prays this court to award hi m primary physical custody of the parties' son Erik pending further proceedings before or orders by this court and to confirm and order both parties to comply with the provisions of its order of 3 February 2006 with regard to legal custody of both children and physical custody of their other child, Joel Jamison Werner. SahT&61 L. Andes " - Attorney for Plaintiff Supreme Court ID # 17225 525 North 12'x' Street Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date:_ lv1o1?? I EXH?g?T SCOTT J. WERNER, Plaintiff J,8 N 3 2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-845 CIVIL TERM V. CHARMAINE BOLINGER, CIVIL ACTION - LAW IN CUSTODY Defendant ORDER OF COURT AND NOW, this 30( day of? , 2006, upon consideration of the attached Custody Conciliation Summary Report, T is hereby ordered and directed as follows: 1. Legal Custody. The parties, Scott J. Werner and Charmaine Bolinger, shall have shared legal custody of Erik Scott Werner, born October 13, 1993, and Joel Jamison Werner, born April 16, 1993. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational records, attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, IEP meetings, extracurricular activities, children's parties, musical presentations, back-to-school night, and the like. 2. Physical Custody. Mother shall have primary physical custody subject to Father's rights of partial custody which shall be arranged as follows: A. Effective January 20, 2006, alternating weekends from Friday between 5:00 and 6:00 p.m. until Sunday at 7:00 p.m. NO. 04-845 CIVIL TERM B. On Tuesday and Thursday evenings from 6:00 p.m. to 8:00 p.m. However, if Father is able to get off work and arrange to commence his custodial time at 5:30 p.m., upon notice to Mother, he may do so. C. During the summer school recess, Father's Tuesday and Thursday custodial periods shall be extended until 9:00 p.m. 3. Transportation incident to all custodial exchanges will be provided by the parent receiving custody of the children. 4. Holidays. The following holiday schedule supercedes the regular schedule: A. The parties will alternate the following holidays beginning with Mother having custody for Memorial Day 2006: Presidents Day, Easter, Memorial Day, Independence Day and Labor Day. B. Thanksgiving. Father will have custody for the weekend prior to Thanksgiving each year for a traditional family celebration that occurs on the Saturday before Thanksgiving. Mother will have custody from Wednesday preceding Thanksgiving from after school until Friday at 6:00 p.m. each year. Father will have custody the Friday after Thanksgiving at 6:00 p.m. until Sunday at 6:00 p.m. C. Spring School Break and Christmas School Break. The parties will share the days that the children are out of school for these school breaks by their mutual agreement. However, in the event that there is no agreement on the sharing of the holiday, Father will have the first half of the Christmas school break and the second half of the Spring School Break in even numbered years and the second half of Christmas School Break and first half of the Spring School Break in odd numbered years. In even numbered years, Mother will have the second half of the Christmas School Break and the first half of the Spring School Break and in odd numbered years Mother will have the first half of the Christmas School Break and second half of the Spring School Break. Notwithstanding the above, Christmas shall be divided into two segments, Segment A and Segment B. Segment A shall be from December 24th at Noon until December 25th at noon. Segment B shall be from December 25th at noon until December 26th at noon. In even-numbered years, Mother shall have Segment A and Father shall have Segment B. In odd-numbered years, Father shall have Segment A and Mother shall have Segment B. NO. 04-845 CIVIL TERM D. Both parties recognize Mother's family tradition of a gathering that occurs in Pittsburgh around Christmas time and will endeavor to arrange the sharing of the Christmas School Break to continue that tradition. 5. Vacation. Father may exercise vacation time in less than seven day periods which may occur in the summer or during hunting season. The parties will provide each other with notice of their intended vacation plans by May 15' of each year. In the event that the parties have scheduled conflicting vacations, the first party providing written notice shall have choice of the vacation time. Vacation weeks shall occur from Saturday to Saturday and coincide the vacationing parent's custodial weekend. Each parent shall be entitled to two nonconsecutive weeks of vacation per year, unless otherwise agreed. 6. Both parties shall have the right to reasonable telephone contact with the children during the other party's period of custody/visitation: The children may initiate a telephone call to the non-custodial parent upon their request. Neither party shall interfere with the other party's telephone contacts with the children. Each party shall make all reasonable efforts to promptly return calls or messages left by the other party regarding the children. In the event that the telephoning parent is' not able to complete their call, the custodial parent will return the call promptly to arrange for the children to speak with the non-custodial parent. 7. The parties will participate in therapeutic family counseling. In the event that the parties cannot agree on a therapist to provide this service, the attorneys will select a therapist from the list of preferred providers through their health insurance coverage. Unreimbursed medical expenses will be shared equally between the parties. Dist: Samuel L. Andes, Esquire, 525 North 12th Street, Lemoyne, PA 17043 Scott Stein, Esquire, 3800 Market Street, Camp Hill, PA 17011 TRUE COPY FROM R ORU In T t nq w1weW, 1 hwtD-U015 Set t't1'y ha?td ,.id t sM of said cmd at cArWAI-1 T?Lot._ A r11 Prothornolartr Edward E. Guido, J. SCOTT J. WERNER, Plaintiff V. CHARMAINE BOLINGER, Defendant : IN THE COURT OF COMMON PLEAS OF____%__ : CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-845 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning. the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Erik Scott Werner October 13, 1993 Mother Joel Jamison Werner April 16, 1996 Mother 2. Father filed a Petition for Contempt and Sanctions on November 29, 2005. A Custody Conciliation Conference was scheduled for January 20, 2006. Attending the conference were: the Father, Scott J. Werner, and his counsel, Samuel L. Andes, Esquire; the Mother, Charmaine Bolinger, and her counsel, Scott Stein, Esquire. The last Order entered in this matter was May 5, 2004. 3. Father's position on custody is as follows: Father alleges that Mother has denied custody of one or both children in October of 2005 on a number of occasions, has prevented telephone contact, has made false statements to police and has made negative comments regarding Father to the children. Father seeks a finding of Contempt, Sanctions and to reorganize the custodial schedule in order to reduce the number of exchanges. Father alleges that Mother interferes with his exercise of summer custody. There have apparently been a number of hostile exchanges between the parties which have included harassment charges being brought between Father and step-father. Additionally, Father alleges that Mother was in jail last year after a fight with her husband. Father proposes to change his Tuesday and Thursday evening periods of custody to a single overnight period of custody to occur on Wednesday evening which would end with him taking the children to school on Thursday morning. Alternatively, Father would like to expand the Tuesday and Thursday custodial periods to 9:00 p.m. during the summer. While Father agrees to participate in therapeutic family counseling, he believes that the unreimbursed -medical expenses should be shared equally by the parties. NO. 04-845 CIVIL TERM 4. Mother's position on custody is as follows: Mother's position is that the children need a great deal of structure because they both have Attention Deficit Disorder and one child has Aspergers Syndrome. Mother complains that Father does not provide enough help with the children's homework. Mother strongly resists any notion of overnight periods of custody during the school week. - While Mother agrees to participate in therapeutic family counseling, she believes that her contribution should be prorated based on the ratios in the Support Order. 5. The parties have agreed to participate in therapeutic family counseling in an effort to reduce the tension and conflict between them and an effort to build a more cooperative working relationship and positive communication between them as parents of these two boys. The Conciliator also clarified the meaning of language in the Order which specifically provides that the holiday schedule supercedes the regular schedule. The parties also agreed to modify the transportation arrangements in the Order such that Mother would now be required to participate in the transportation incident to custodial exchanges. The Conciliator recommends that the unreimbursed expenses related to therapeutic family counseling be shared equally by the parties. The Conciliator reminded the parties that they are expected to abide by the Court's Order and may not. unilaterally change it. Date Melissa Peel Greevy, Custody Conciliator :267502 CD Y ? '? N w r- ?J • ~ ? MARIA P. COGNETTI & ASSOCIATES KRISTOPHER T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant SCOTT J. WERNER, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-845 CIVIL TERM CHARMAINE BOLINGER, CIVIL ACTION -LAW Defendant IN CUSTODY ANSWER AND COUNTER-PETITION FOR CONTEMPT AND COUNSEL FEES TO PLAINTIFF'S PETITION FOR EMERGENCY RELIEF AND NOW, comes Defendant, Charmaine Bolinger, by and through her Attorney, Kristopher T. Smull, Esquire, and files the following Answer and Counter-Petition for Contempt to Plaintiff's Petition for Emergency Relief and in support thereof avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. It is specifically denied that Erik was ever forced out of his home and directed to live with Father. Erik was unhappy with the punishment he was receiving from Mother for his recent behavior and Father took the opportunity to undermine Mother and allow the child to escape his punishment. Mother allowed Erik to stay with Father on Tuesday, June 5 and Wednesday, June 6, to give the situation time to cool off, but expected Erik back on Thursday, June 7. Father refused to return the child and continues to do so. 5. Denied. It is denied that it would be in Erik's best interest to remain in Father's custody. Mother's responses to Father's specific reasons as set forth by Father are as follows: A. Denied. Mother and her husband desire that Erik remain living with them. B. Denied. Father's home is not an appropriate place for the child to reside primarily. Father has no discipline with the child and does not ensure his health and well being. Erik and his brother, Joel, both have multiple psychiatric disabilities which include Asperger's Syndrome and Attention Deficit Hyperactivity Disorder. The children have numerous medications that need to be taken each day and which Father has failed or refused to give them. In addition to their medications the children both require a structured environment, which is not provided by Father. The children both attend counseling that is undermined by Father's refusal to follow the counselor's recommendations. C. Denied. It is denied that the child prefers to live with Father; however, by way of further answer, even were it true that the child preferred to live with Father, the best interest of the child would not be served by such an arrangement due to Father's lack of discipline and concern for the child's well being and, if Erik does want to live with Father it is only due t the lack of discipline. D. Denied. The only problems in the home of Mother are caused by Father's undermining her attempts at discipline with the children and his constant sabotaging of the progress made by the children's counselors. 6. Denied. No emergency exists, nor has one been alleged by Father, that requires an immediate change in custody or allows Father to ignore the current custody order and refuse to return Erik to Mother. 7. Admitted. 8. Denied. Mother's attorney communicated with Father's attorney by telephone on Monday, June 11, 2007, prior to the filing of his Petition, and made it clear that Mother did not agree with Father's Petition and that she expected the child to be returned. WHEREFORE, Mother respectfully requests that this Honorable Court deny Father's requested relief and order that the child be returned to Mother as per the terms of the current Custody Order. COUNTER-PETITION 1. CONTEMPT 9. Paragraphs 1 through 8 of Father's Petition and Mother's Answers thereto are incorporated herein by reference thereto. 10. Father's actions are in direct violation of the terms of the Order of Court of February 3, 2006. 11. Father has willfully, and without Mother's consent, violated said Order by refusing to return custody of the minor child, Erik, to Mother and to abide by the terms of the Order. 12. Father's contempt is ongoing as he has refused to abide by the Court Order even after he was informed, through his attorney, that Mother did not agree with his actions and expected the Order to be followed and the child returned. 13. Mother seeks to have Father held in contempt of this Court's Order and have the minor child, Erik returned to Mother's custody immediately. WHEREFORE, Mother respectfully requests that this Honorable Court find Father in contempt of the Order of Court of February 3, 2006 and further order that Father return the minor child to Mother's custody immediately. II. COUNSEL FEES 14. Paragraphs 1 through 13 of Father's Petition and Mother's Answers thereto are incorporated herein by reference thereto. 15. By reason of this action, Mother has been, and will continue to be, put to considerable expense due to the preparation of her case, the employment of counsel and the payment of costs. 16. Father has deliberately, and without good reason, prompted the continuation of these proceedings, thereby causing unnecessary fees and costs to Mother. WHEREFORE, Mother respectfully requests that this Honorable Court award her counsel fees and costs in the amount of $1,500.00 for the preparation and presentation of this Answer and Counter-Petition. Date: June 14, 2007 Respectfully Submitted: M A GNETTI & ASSOCIATES By: KRWOPH--- T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant VERIFICATION I, Charmaine Bolinger, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn verification to authorities. Date: &0 k, CERTIFICATE OF SERVICE I, Kristopher T. Smull, Esquire, Attorney for Defendant, herein, do hereby certify that, on this date, I served the foregoing Answer and Counter-Petition for Contempt and Counsel Fees to Plaintiff's Petition for Emergency Relief via facsimile to (717) 761-1435 and by depositing a true and exact copy in the United States mail, first class, postage prepaid, addressed as follows: Samuel L. Andes, Esquire 525 North Twelfth Street Lemoyne, PA 17043 Respectfully Submitted: Date MARIA P. GNETTI & ASSOCIATES [q16 By: 1 "1?4 S mftst& ER T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant {? N G:.j _ ? _. '? ? T ? ? , ? 1 t'"" 'C1 ?T ; i - ??? ? C.rl , ? - ? .....- _.1 y ?':1 SCOTT J. WERNER, Plaintiff vs. CHARMAINE BOLINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-845 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW this day of " ,2 007, a conference/hearing is hereby scheduled before the undersigned, to be held in Court Room No. 3 of the Cumberland County Courthouse in Carlisle, Pennsylvania, commencing at o'clock -P--m. on the a'l'-4' day of 2007. The parties shall assure the presence of the child Erik at such proceeding. BY J. Distribufu?n: 7amuel L. Andes, Esquire (Attorney for Plaintiff) 525 North 12 Street, P.O. Box 168, Lemoyne, Pa 17043 ristopher Smull, Esquire (Attorney for Defendant) 210 Grandview Avenue, Suite 102, Camp Hill, PA 17011 om t ' ?-,, y v ?'7 T f I 5 l ! r .-, SCOTT J. WERNER, Plaintiff/Petitioner V. CHARMAINE BOLINGER, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-845 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this 21st day of June, 2007, after hearing, the Petition For Emergency Relief is DENIED. Our Order dated February 3, 2006, shall remain in full force and effect effective Tuesday, June 26, 2007, at 9:00 p.m. with regard to Eric and immediately with regard to Joel. A conference call with counsel is scheduled for Tuesday, June 26, 2007, at 9:15 a.m., to discuss the results of Dr. Shienvold's report so that I may have that input to see whether or not this Order should be modified. A full hearing in this matter, at which time we will determine the best interests of the children, shall be held on Friday, August 17, 2007, at noon. Edward Guido, J /Sa muel L. Andes, Esquire For the Plaintiff x stopher Smull, Esquire For the Defendant ?t r Sheriff c( flak ar srs ts 40 nj SCOTT J. WERNER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CHARMAINE BOLINGER NO. 2004 - 0845 CIVIL TERM CIVIL ACTION -CUSTODY ORDER OF COURT AND NOW, this 26TH day of JUNE, 2007, after having reviewed the custody evaluation we find no compelling reasons to change the custodial arrangement prior to a full hearing on the merits. Therefore, our order of June 21, 2007, shall remain in full force and effect. Edward E. Guido, J. amuel L. Andes, Esquire /525 North Twelfth Street P.O. Box 168 Lemoyne, Pa. 17043 Aistopher Smull, Esquire 210 Grandview Ave. Suite 102 Camp Hill, Pa. 17011 sld k ION Vr1?A SN'N? 9,I Z -.,1 4H'J 9Z nr LOU XdVi INO,r E t;;i'd 3Hi 40 MARIA P. COGNETTI & ASSOCIATES KRISTOPHER T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant SCOTT J. WERNER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CHARMAINE BOLINGER, Defendant : NO. 04-845 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY PETITION TO WITHDRAW APPEARANCE AND NOW, comes Petitioner, Kristopher T. Smull, Esquire, and in support of his Petition to Withdraw Appearance, respectfully represents as follows: 1. Petitioner is Kristopher T. Smull, Esquire, an attorneywith the law firm of Cognetti and Associate, with offices located at 210 Grandview Avenue, Suite 102, Camp Hill, Cumberland County, Pennsylvania. 2. Respondent is Charmaine V. Bolinger who resides at 1974 Fry Loop Lane, Carlisle, Cumberland County, Pennsylvania. 3. Petitioner was retained by Respondent on or about August 17, 2006 to represent her in connection with her custody matters. 4. A Custody Hearing is scheduled before the Honorable Edward E. Guido on August 17, 2007. In attempting to vigorously and competently represent Respondent, Petitioner has been increasingly hampered by Respondent's refusal to accept Petitioner's professional advice and by Respondent's unwillingness to cooperate with his counsel. 6. Despite repeated efforts to do so, Petitioner has been unable to meaningfully and effectively communicate with Respondent or to succeed in persuading her to view these matters in a fashion in accordance with the laws of this Commonwealth. 7. Respondent has repeatedly insisted upon pursuing matters and strategies which Petitioner has advised her are contrary to her best interest. 8. Petitioner has at all times attempted to represent Respondent effectively and vigorously to the best of his ability, but it has become impossible for Petitioner to do so. 9. Petitioner asks to withdraw his appearance for Respondent because, inter alia: a. There appears to be a serious failure to communicate between Respondent and Petitioner such that Respondent insists upon pursuing an objective that Petitioner considers imprudent; b. Respondent has failed to timely pay Petitioner's fees and costs as billed in accordance with their fee agreement; C. Respondent has deliberately disregarded her agreement with Petitioner as to fees and costs and withdrawal is allowed pursuant to Rule 1.16(b)(4) of the Rules of Professional Conduct; and, d. Continued representation will result in an unreasonable financial burden on Petitioner. 10. Respondent has been advised by Petitioner of Petitioner's intent to file this Petition to Withdraw Appearance. WHEREFORE, Petitioner respectfully requests that his appearance be withdrawn for Respondent and that he be removed from the docket as the attorney of record for Charmaine V. Bolinger. Respectfully Submitted: o.t. l ?ul,u? By: MARIA P. COGNETTI & ASSOCIATES MUST6PHEA T.ISMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant VERIFICATION I, Kristopher T. Smull, Esquire, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. DATE: i l I O'Y Smull, Esquire CERTIFICATE OF SERVICE I, Kristopher T. Smull, Esquire, do hereby certify that on this date I served the foregoing Petition to Withdraw Appearance by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Samuel L. Andes, Esquire 525 North Twelfth Street Lemoyne, PA 17043 Charmaine V. Bolinger 1974 Fry Loop Lane Carlisle, PA 17013 Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: By: / \ XMSTOPHER T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant CO t?3 -"3 ? JUL 1 9 20 SCOTT J. WERNER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-845 CIVIL TERM CHARMAINE BOLINGER, CIVIL ACTION -LAW Defendant IN CUSTODY RULE TO SHOW CAUSE AND NOW, this d? q ""day of , 2007, upon consideration of the within ;4'*; AW Sip- C-.?W rte- Petition to Withraw C ?7, d4 07. R le ice Distribution: 'stopher T. Smull, Esquire, 210 Grandview Avenue, Suite 102,Camp Hill, PA 17011 J amuel L. Andes, Esquire, 525 North Twelfth Street, Lemoyne, PA 17043 to for the J. ?? ? ?,.Y ,?; . i N`;; , ?` r? +'? ? ??` ?C?C??. u,,. j:?v, a ?,1 ' ?, ' , SCOTT J. WERNER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CHARMAINE BOLINGER NO. 2004 - 0845 CIVIL TERM CIVIL ACTION -CUSTODY ORDER OF COURT AND NOW, this 26TH day of JULY, 2007, hearing in the above captioned matter scheduled for Friday, August 17, 2007, at 12:00 noon has been rescheduled to FRIDAY, AUGUST 10, 2007, at 1:00 p.m. in Courtroom # 3. Edward E. Guido, J. ? amuel L. Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, Pa. 17043 stopher Smull, Esquire 210 Grandview Ave. Suite 102 Camp Hill, Pa. 17011 ?es G. Nealon, Esquire 2411 North Front Street Harrisburg, Pa. 17110-1160 :sld {fi ifs LIZ :.r4TJ MARIA P. COGNETTI & ASSOCIATES KRISTOPHER T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant SCOTT J. WERNER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CHARMAINE BOLINGER, Defendant NO. 04-845 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY PRAECIPE FOR WITHDRAWAL/ENTRY OF APPEARANCE To the Prothonotary: Kindly withdraw the appearance of the undersigned counsel with respect to Defendant, Channame V. Bolinger. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: *Val By: KRISTOPHER T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant To the Prothonotary: Kindly enter the appearance of the undersigned counsel with respect to Defendant, Charmaine V. Bolinger. Date: 1 1 ?,7 /C), By: q JAMES G. NEALON, ESQUIRE Attorney I.D. No. Y!t Y r 3 2411 N. Front Street Harrisburg, PA 17110 Telephone No. (717) 232-9900 CERTIFICATE OF SERVICE AND NOW, this - day of July, 2007, 1 hereby certify that I have served the foregoing Praecipe for Withdrawal/Entry of Appearance on the following by U.S. Mail: Samuel L. 525 Andes, Esquire North Twelfth Street P.O. Box 168 Lemoyne, PA 17043f KRISTOPHER T. SMULL, ESQUIRE c? p ` t ., C= . kD SCOTT J. WERNER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CHARMAINE BOLINGER : NO. 2004 - 0845 CIVIL TERM : CIVIL ACTION - CUSTODY ORDER OF COURT AND NOW, this 26TH day of JULY, 2007, at the request of counsel and because Dr. Shienvold is not available for the hearing scheduled for Friday, August 10, 2007, at 1:00 p.m., additional time has been set aside for testimony on THURSDAY, AUGUST 30, 2007, at 9:30 a.m. in Courtroom # 3. Samuel L. Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, Pa. 17043 James G. Nealon, Esquire 2411 North Front Street Harrisburg, Pa. 17110-1160 $;yY`tie Court, 7 Edward E. Guido, J. 4p ?rY7 :sld i'po V ? ?r-V k-h ?' Johnson, Duffle, Stewart & Weidner By: John R. Ninosky I.D. No. 78000 Elizabeth D. Snover I.D. No. 200997 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 SCOTT J. WERNER, V. Plaintiff CHARMAINE BOLINGER, Defendant NO. 04-845 CIVIL TERM IN CUSTODY EMERGENCY MOTION OF HOL Y SPIRIT HOSPITAL FOR PROTECTIVE ORDER PURSUANT TO Pa.R.C.P. No. 4012 AND NOW, this 8"' day of August 2007, comes Holy Spirit Hospital of the Sisters of Christian Charity "Holy Spirit Hospital", by and through its undersigned attorneys, Johnson, Duffle, Stewart & Weidner, and files this emergency Motion seeking a protective order pursuant to Pa.R.C.P. No. 4012 and in support thereof avers the following: 1. On or about August 6, 2007, the Crisis Intervention Center at Holy Spirit Hospital received a letter and subpoena requesting the appearance of David Spigelmyer to attend, testify and produce documents related to the commitment of the minor child, Erik Werner, at a custody hearing scheduled for August 10, 2007. Attached hereto as Exhibit A is a true and correct copy of that letter. 2. The subpoena served on August 6, 2007 upon Holy Spirit Hospital orders Mr. Spigelmyer to attend, testify and to produce "all records relating to any evaluation, treatment, commitment or related matters involving Erik Werner at any time in calendar year 2007." Attached as Attorneys for Holy Spirit Hospital IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Exhibit B hereto is a true and correct copy of the subpoena. 3. David Spigelmyer is a crisis intervention worker who works out of the Carlisle Hospital, however, the subpoena was served upon Holy Spirit Hospital as Mr. Spieglmyer's employer. 4. The subpoena did not contain evidence that prior notice of the intent to serve the subpoena was given to the Defendant pursuant to Pa.R.C.P. 4009.21. 5. The subpoena also did not include witness or travel fees. 6. The Mental Health Procedures Act (MHPA), 50 P.S. § 7111 states: All documents concerning persons in treatment shall be kept confidential and, without the person's written consent, may not be released or their contents disclosed to anyone except: (1) those engaged in providing treatment for the person; (2) the county administrator pursuant to § 110; (3) a court in the course of legal proceedings authorized by this Act; and (4) pursuant to Federal Rules, statutes and regulations governing disclosure of patient information where treatment is undertaken in a federal agency. In no event, however, shall privileged communications, whether written or oral, be disclosed to anyone without such written consent. 7. By fax memorandum dated August 7, 2007, John R. Ninosky, Esq. informed Plaintiff's counsel that Holy Spirit Hospital is explicitly prohibited under the Act from disclosing confidential medical records or testifying about those records without the patients' consent or without an Order of Court and asked that Plaintiff's counsel withdraw his subpoena. A copy of the aforementioned letter is attached hereto, incorporated by reference, and marked as Exhibit C. 8. No response was received to this letter, and now Holy Spirit Hospital seeks a protective order pursuant to Pa.R.C.P. 4012 for the following reasons: a. The subpoena does not comply with Pa.R.C.P. 4009.21; b. No witness fees or travel costs were provided; c. The records and testimony regarding the records is confidential and cannot be disclosed under the Mental Health Procedures Act without either the patient's consent or Order of Court; d. No Authorization to Release Privileged Information has been executed by the patient or parent and provided to Holy Spirit Hospital; e. Even if one parent, here Plaintiff, could consent on behalf of his minor child to the release of these confidential mental health records, such release will likely not be consented to by Defendant, creating a conflict of interest; f. The lack of prior notice and respect for professional schedules in mailing a letter one week prior to a hearing and causing a subpoena to be served within 4 days of a hearing is unreasonable and burdensome; g. The broad request for records to be produced within days is unreasonable, burdensome, and oppressive; h. Mr. Spigelmyer is not scheduled to work on Friday and has prior plans during the hearing. WHEREFORE, Holy Spirit Hospital of the Sisters of Christian Charity respectfully requests this Honorable Court enter a protective order whereby David Spigelmyer will be released from his obligation to appear at the hearing scheduled for August 10, 2007 and requiring the Plaintiff to obtain an Order of Court authorizing the release of minor Erik Werner's confidential mental health records. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: /71? ESQ John inosky Elizabe h D. Snover 301 Market Street P.O. Box 109 Lemoyne, PA 1 7043-0 1 09 :306644 Attorneys for Holy Spirit Hospital X 1-? 1 I? I j I'\ MAILING ADDRESS: P. o. nOX 168 LEMOYNE, PA 17043-0166 E-MAIL: "wAndas9aol.0om Mr. David Spigelmyer Crisis Intervention Holy Spirit Hospital Camp Hill, PA 17011 SAMUEL L. ANDES ATTORNEY AT LAW 685 NORTH TWELFTH STREET P. O. SOX 168 LEMOYNE, PENNSYLVANIA 17043 TELEPHONE (717) 791.6361 PAX (717) 761-1436 3 August 2007 RE: Erik Werner Dear Mr. Spigelrriyer: Your office was involved in early July In an Incident which resulted in the commitment of Erik Werner, a 12 year old juvenile, to The Meadows in State College, Pennsylvania. I represent Erik's father, Scott Werner, in a child custody dispute with Erik's mother, Charmaine Bolinger. The incident which resulted in his commitment, and Ms. Bolinger's conduct that evening, are critical to this case and I require someone with direct knowledge of the matter to appear and testify at the hearing now scheduled in the custody case for Friday, 10 August 2007 at.1:.00- p.m. I am sorry to have to Involve you in this matter, but this information is critical to the case and, I believe, to Erik's future well-being. If you will call me at your convenience, I can discuss the matter with you and try to find a way to arrange for you to appear and testify with minium inconvenience to you and your schedule. Please contact me when you receive this letter. Sincerely, S ,a L. Andes amh / Enclosure ???111?? COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SCOTT J. WERNER, Plaintiff ) CIVIL ACTION - LAW VS. ) } NO. 04-845 CIVIL TERM CHARMAINE BOLINGER, Defendant ) IN CUSTODY SUBPOENA TO ATTEND AND TESTIFY TO: Mr. David Spigelmyer Crisis Intervention Holy Spirit Hospital Camp Hill, PA 17011 1. You are ordered by the court to come to the Cumberland County Courthouse in Carlisle, Cumberland County, Pennsylvania, on Friday, 10 August 2007 at 1:00 o'clock, p.m., to testify on behalf of the Plaintiff Scott J. Werner in the above case, and to remain until excused. 2. And bring with you the following: those items listed on Schedule A. If you fail to attend or to produce the documents or things required by this Subpoena you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure, including but not limited to costs, attorneys fees and imprisonment. REQUESTED BY A PARTY/ATTORNEY IN COMPLIANCE WITH Pa. R.C.P. 234.2 (a): NAME: SAMUEL L. ANDES, ESQUIRE ADDRESS: 525 NORTH 12TH STREET LEMOYNE, PA 17043 TELEPHONE: (717) 761-5361 SUPREME COURT ID # 17225 ATTORNEY FOR : PLAINTIFF BY THE COURT: at-c?; Oe- R4-A-9 Prothonotary/Clerk, vil Division .1 DATE: 3 c16617 eal of the Court Deputy OFFICIAL NOTE: This form of Subpoena shall be used whenever a Subpoena is issuable, Including hearings in connection with depositions and before arbitrators, masters, commissioners, etc. in compliance with Pa. R.C.P. No. 234.1. If a Subpoena for production of documents, records or __ things Is desiredcomplete SCHEDULE A 1. Ail records relating to any evaluation, diagnosis, treatment, commitment, or related matters involving Erik Werner at any time in calendar year 2007. C IERRY R. DUFFIF RICHARD W.STEWART C:. ROY WFIDNER, JR. EDMUND G. ?AVERS DAVID W. DE ' L(xv ' JOHN A. STATLER JE 'FERSON J. SHIPMAN JE FI-'RI Y B. RETTIG KEVIN E. OSBORNE RAI,PIl H. WftIGHT.IR. MARK C. DUFFII'. JOHN R. NINOSKY MICHAEL 1. CASSIDY OHNSON UF FAX MEMORANDUM TO: Samuel L. Andes, Esquire DATE: August 7, 2007 FROM: John R. Ninosky, Esquire FAX NO.: 761-1435 RE: Erik Werner PAGES: 1 of 1 MELISSA PEEL GREEVY ROBERT M.IVALKER WADE D. MANLEY ELIZABETH 1). SNOVER KELLY L. BONANNO OF COUNSEL Homo', A. JOHNSON F. LEF: SHIPMAN (1463-2006) Dear Mr. Andes: The undersigned represents Holy Spirit Hospital, and I acknowledge receipt of a subpoena served upon the Hospital on August 6, 2007 in the matter of Werner v. Bolinger. The subpoena requests the testimony of a Crisis Intervention employee David Spigelmyer, and requests Mr. Spigelmyer to bring all records relating to any evaluation, diagnosis, treatment, commitment or related to Erik Werner. The hearing is scheduled for Friday at 1:00 p.m. This request is obviously attempting to secure mental health treatment records and testimony concerning mental health treatment. A subpoena is not sufficient to obtain such information. Moreover, Mr. Spigelmyer is not scheduled to work on Friday, and service of a subpoena on his employer a few days before the hearing is not reasonable. Therefore, I ask that you withdraw the subpoena by the close of business today. If not, I will be forced to file a Motion for Protective Order. Ve truly yours, John R. Ninosky )1 MARKET STREET P.O. BOX 109 LEMOYN'E, PENNSYLVANIA 17043-0109 ?tIt1t.i1)MVCON1 717.761.45411 FAN. 717.761.3015 MAIL@JOSWCOM JOHNSON, DUFFLE, STEWART & WEIDNER, P.C. CERTIFICATE OFSERVICE AND NOW, this 8 h day of August, the undersigned does hereby certify that he did this date serve a copy of the foregoing EMERGENCY MOTION upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows and by facsimile transmission as follows: Samuel L. Andes, Esq. 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 Fax: (717) 761-1435 James Nealon, Esq. 2411 North Front Street Harrisburg, PA 17110 Fax: (717) 236-9119 JOHNSON, DUFFIE, STEWART & WEIDNER By: v ? ? Elizabe D. Snover lr ! t_! W co 1) V ' J`am F" rw' N u ? I , SCOTT J. WERNER, Plaintiff V. CHARMAINE BOLINGER, Defendant AUG 0 NOR IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-845 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this day of August, 2007 upon review of Holy Spirit Hospital of Christian Charity's Motion for a Protective Order and any responses thereto, it is hereby ORDERED that David Spigelm er is excused from attending and testifying at the custody hearing scheduled for August 10, 7 c?'? ht S hr?-Q.o? ?j?,.c fz?- CW ?„- 300 d)00 2007. It is further ORDERED that Holy Spiri Hospital of the Sisters of Christia Charity and its ?' 3 G IQ ? . employees shall release the mental health records of minor Erik Werner testify concerning those records or treatment , By: J. Z O.8 WV 6- 9 i 1t LOOL AdVLON41t"IiOdd 31HI A0 301:'-40~-OPJ SCOTT J. WERNER, Plaintiff V. CHARMAINE BOLINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-845 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this 10th day of August, 2007, upon request of the Father, and over objection of the Mother, Dr. Shienvold is authorized to meet with the boys before our August 30, 2007, hearing to be updated on events since the time of his report. By cA'amuel L. Andes, Esquire For the Plaintiff ,,/ames G. Nealon, Esquire For the Defendant srs Edward E. Guido, J. 4 x rAe? Q 1 :Z tad 5 ( OR tool A1G' ?', :INl fit? SCOTT J. WERNER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-845 CIVIL TERM CHARMAINE BOLINGER, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 10th day of August, 2007, court is in recess until August 30, 2007, at 9:00 a.m. B' Edward E. Guido, J. amuel L. Andes, Esquire For the Plaintiff mes G. Nealon, Esquire or the Defendant srs 01 :Z !I'd S l of '{ LO Z ;-T Johnson, Duffle, Stewart & Weidner By: David W. DeLuce I.D. 41687 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 7614540 Attorneys for Dr. Scott Trayer SCOTT J. WERNER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. NO. 04-845 CIVIL TERM CHARMAINE BOLINGER, IN CUSTODY Defendant EMER GENCY MO TION OF DR. J. SCOTT TRAYER FOR PROTECTIVE ORDER PURSUANT TO Pa.R.C P. No. 4012 AND NOW, this 28TH day of August 2007, comes Dr. J. Scott Trayer, by and through its undersigned attorneys, Johnson, Duffie, Stewart & Weidner, and files this emergency Motion seeking a protective order pursuant to Pa.R.C.P. No. 4012 and in support thereof avers the following: 1. On or about Monday August 27, 2007, Dr. J. Scott Trayer received a letter and subpoena requesting his appearance to attend and testify at a custody hearing before the Honorable Judge Guido scheduled for Thursday August 30, 2007. Attached hereto as Exhibit A is a true and correct copy of the letter and attached hereto as Exhibit B is a true and correct copy of the subpoena. 2. The subpoena served on August 27, 2007 upon Dr. J. Scott Trayer orders Dr. Trayer to attend and testify "on behalf of Charmaine Bolinger in the above case and remain until excused." 3. The subpoena did not include witness or travel fees. 4. Dr. Trayer's relationship to the child, Eric Werner, who is the subject of this custody dispute, is that of doctor and patient. 5. Dr. Trayer has not been provided with the consent of either parent to testify about communications with the child or his own evaluations or opinions obtained through that doctor-patient relationship. 6. Judge Guido has been previously assigned to this matter and is scheduled to preside over the hearing scheduled for Thursday, August 30, 2007. 7. In a phone conversation on or about August 23, 2007, Dr. Trayer requested Attorney Nealon not call him to testify in this case so as not to impact upon his clinical relationship with the patient and interfere with his ability to communicate with both parents. Dr. Trayer feels his role and ability to benefit the patient will be adversely affected if he is forced to testify in this custody dispute, and it will not be in the child's best interests. 8. In light of the short notice of this subpoena, Dr. Trayer will be unable to testify because he has a full schedule of patient appointments for August 30, 2007 at his office. 9. Dr. J. Scott Trayer seeks a protective order pursuant to Pa.R.C.P. 4012 for the following reasons: a. The subpoena does not comply with Pa.R.C.P. 4009.21; b. No witness fees or travel costs were provided; c. No Authorization to Release Privileged Information has been executed by the patient or parent and provided to Dr. J. Scott Trayer; d. Even if one parent, here Defendant, could consent on behalf of his minor child to the release of these confidential mental health records, such release will likely not be consented to by Defendant, creating a conflict of interest; e. The lack of prior notice and respect for professional schedules in mailing a letter less than one week prior to a hearing and causing a subpoena to be served within 3 days of a hearing is unreasonable and burdensome; f. Dr. Trayer has patient appointments scheduled during the time set for the hearing. g. Any testimony by Dr. Trayer may compromise his therapeutic and clinical relationship to the patient, and his ability to communicate with both parents. WHEREFORE, Dr. J. Scott Trayer respectfully requests this Honorable Court enter a protective order whereby he will be released from his obligation to appear at the hearing scheduled for August 30, 2007 before this Honorable Court. Respectfully submitted, JO O , DUFF W RT IDNER y: - David . DeL :308491 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Dr. J. Scott Trayer CERTIFICATE OF SER VICE AND NOW, this 28`h day of August, the undersigned does hereby certify that he did this date serve a copy of the foregoing EMERGENCY MOTION upon the other parties of record by facsimile transmission, as follows: Samuel L. Andes, Esq. Fax: (717) 761-1435 James Nealon, Esq. Fax: (717) 236-9119 JOHN N DUFFIE S A T& IDNER B avid W. DeLuc AUG-27-2007 04:57PM FROM-FRANKLIN FAMILY SVCS. a NG&P ATTORmXS AT LAW JAMES G. NEALON, III, ESQUIRE J N EALON(MNGPLAWFi RM. COM J. Scott Trayer, M.D. 800 Belvidere Street Carlisle, Pennsylvania 17013 RE: Erik and Joel Werner Dear Dr. Trayer: 717-267-2316 T-770 P.002/003 F-501 NEALON GOVER & PERRY MA=a ADDRESS: 2411 N. FRm ST. HAxG. PA 17110 FH: 717.232.9900 FAM 717.236.9119 101 S. Don Sir YOJK PA 17403 PH: 717.852.7888 FAX 717.852.8087 August 27, 2007 Enclosed please find for your use, a Subpoena issued with regard to your testimony for the We ner/Bolinger Trial scheduled for Thursday, August 30, 2007, at 9:00 a.m. Thank you. Very truly yours, NEALON, & PERRY JAMES G. NEALON, III JGN/bak Enc: HAND DELIVERED - 08/27/07 EXHIBIT "A" AUG-27-2007 04:57PM FROM--FRANKLIN FAMILY SVCS. 717-267-2316 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SCOTT J. WERNER No. 04-845 Civil Plaintiff vs, Civil Action - Law CHARMAINE BOLINGER Defendant : Custody SUBPOENA TO ATTEND AND TESTIFY TO: J. Scott Trayer, M.D. 800 Belvidere Street Carlisle, Pennsylvania 17013 T-770 P.003/003 F-501 1. You are ordered by the Court to come to the Cumberland County Court House, One Courthouse Square, Carlisle, Pennsylvania, on Thursday, August 30, 2007, at 9:00 a.m. to testify on behalf of CHARMAINE BOLINGER in the above case, and to remain until excused. 2. And bring with you the following: N/A If you fail to attend or to produce the documents or things required by this Subpoena, you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure, including but not limited to costs, attorneys fees and imprisonment. REQUESTED BY A PARTY/ATTORNEY IN COMPLIANCE WITH Pa. R.C.P. No. 234.2(x): Name: James G. Nealon, 111, Esquire NEALON, GOVER & PERRY Address: 2411 North Front Street Harrisburg, PA 17110 Telephone: (717) 232-9900 Supreme Court ID# 46457 BY THE OURT: --? rD 74-1) /r-601honotarylClerk, Civil Divisi Date:.2aUT -4 Lu Deputy Official Note: This form of subpoena shall be used whenever a subpoena is issuable, including hearings in connection with deposltions and before arbitrators, masters, commissioners, etc. in compliance with Pa. R.C.P. No. 234.1. If a subpoena for a production of documents, records or things is desired, complete paragraph 2. (E-1f, 7/97) EXHIBIT "B' SCOTT J. WERNER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, V. PENNSYLVANIA CHARMAINE BOLINGER, Defendant NO. 04-845 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this day of August, 2007 upon review of Dr. J. Scott Trayer's Motion for a Protective Order and any responses thereto, it is hereby ORDERED that Dr. J. Scott Trayer is excused hearinv scheduled for Auaust3$'$99w1 Of.. C4?0 from attending and testifying at the custody By: J. *We will determine whether an alternative time to take his testimony will be scheduled after consultation with counsel " I ?-) 91: ! add R n LODZ SCOTT J. WERNER, Plaintiff V. CHARMAINE BOLINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-845 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this 30th day of August, 2007, after hearing, it is hereby ordered and directed as follows: 1. Legal Custody. Scott J. Werner shall have sole legal custody of Erik Scott Werner, born October 13, 1993, and Joel Jamison Werner, born April 16, 1996. Except as otherwise provided herein, he shall have the exclusive right to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health and education. Provided, however, that nothing in this order shall interfere with either party's rights to authorize emergency medical treatment. Pursuant to the terms of 23 Pa.C.S. Section 5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational records, attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, IEP meetings, extracurricular activities, children's parties, musical presentations, back-to-school night, and the like. 2. Physical Custody. Father shall have primary physical custody subject to Mother's rights of partial custody which shall be as follows: A. Effective September 7, 2007, alternating weekends from Friday after school until Monday at the beginning of school. It shall be Mother's responsibility to get the children to school on Monday morning. B. During the summer school recess, alternating weeks from 7:00 p.m. Saturday until 7:00 p.m. the following Saturday. The summer schedules shall commence with Mother having partial custody beginning the Saturday after school lets out for the summer. C. Such other times as the parties agree. 3. Holidays. The following holiday schedule supercedes the regular schedule: A. The parties will alternate the following holidays beginning with mother having custody for Memorial Day 2008: Presidents Day, Easter, Memorial Day, Independence Day and Labor Day. B. Thanksgiving. Father will have custody for the weekend prior to Thanksgiving each year for a traditional family celebration that occurs on the Saturday before Thanksgiving. Mother will have custody from Wednesday preceding Thanksgiving from after school until Saturday at 6:00 p.m. each year. C. Spring School Break and Christmas School Break. The parties will share the days that the children are out of school for these school breaks by their mutual agreement. However, in the event that there is no agreement of the sharing of the holiday, Father will have the first half of the Christmas School Break and the second half of the Spring School Break in even- numbered years and the second half of Christmas School Break and first half of the Spring School Break in odd- numbered years. In even-numbered years, Mother will have the second half of the Christmas School Break and the first half of the Spring School Break, and in odd- numbered years Mother will have the first half of the Christmas School Break and second half of the Spring School Break. Notwithstanding the above, Christmas shall be divided into two segments, Segment A and Segment B. Segment A shall be from December 25th at noon until December 26th at noon. In even-numbered years, Mother shall have Segment A and Father shall have Segment B. In odd-numbered years, Father shall have Segment A and mother shall have Segment B. D. Both parties recognize Mother's family tradition of a gathering that occurs in Pittsburgh around Christmas time and will endeavor to arrange the sharing of the Christmas School Break to continue that tradition. 4. Both parties shall have the right to reasonable telephone contact with the children during the other party's period of custody/visitation. The children may initiate a telephone call to the non-custodial parent upon their request. Neither party shall interfere with the other party's telephone contacts with the children. Each party shall make all reasonable efforts to promptly return calls or messages left by the other party regarding the children. In the event that the telephoning parent is not able to complete their call, the custodial parent will return the call promptly to arrange for the children to speak with the non-custodial parent. 5. Father shall continue the children's treatment with Dr. Trayer in Franklin Family Services until they are successfully discharged. Services with those particular providers shall not be changed without a Court Order or Mother's written agreement. 6. Father shall continue his individual counseling with his current therapist until he is successfully discharged. Mother is also encouraged to begin her own individual psychotherapy. 7. The parties will participate and cooperate in therapeutic family counseling to be arranged through the Franklin Family Services. 8. Because of the intractable conflict between the parents, the Children's Advocacy clinic of the Penn State Dickinson School of Law is hereby appointed to represent the interests of the children in this matter. To that effect, this Order shall act as an Entry of Appearance for Lucy Johnston-Walsh, Esquire, whose office address and telephone number is as follows: The Children's Advocacy Clinic Lucy Johnston-Walsh, Esquire 45 North Pitt Street Carlisle, Pennsylvania 17013 (717) 243-2968 Supreme Ct # 80296 Both parents are directed to cooperate with the Penn State Dickinson School of Law and to provide them with any information requested regarding the treatment and care of the children. Edward E. Guido, J. Samuel L. Andes, Esquire Attorney for the Plaintiff James G. Nealon, Esquire 9_o Y- 01 Attorney for the Defendant -° Lucy Johnston-Walsh, Esquire The Children's Advocacy Clinic .,? Court Administrator vl? _ srs .r. t„ 5 ?? LU JU ,.'?Y``? SCOTT J. WERNER, Plaintiff V. CHARMAINE BOLINGER, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-845 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this day of September, 2007, it is hereby ordered that the Guardian ad litem is authorized, pursuant to 42 Pa.C.S.A. § 6311 (B)(2), to timely access to all relevant court and Children and Youth records, reports of examination of the parents or other custodian of the child and medical, psychological and school records of the children. Edward E. Guido, J. Samuel L. Andes, Esquire Attorney for the Plaintiff James G. Nealon, Esquire Attorney for the Defendant The Children's Advocacy Clinic 45 North Pitt Street Carlisle, PA 17013 ed I Z I k--S M V t ba'-L. 41lv(v7 srs VINVAIASNN3d S I M W d L- d3S LOOZ A&IONO'HiOW 3a JO n140- SCOTT J. WERNER, Plaintiff V. CHARMAINE BOLINGER, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04 - 845 CIVIL TERM : IN CUSTODY EMERGENCY PETITION TO MODIFY CUSTODY AND REQUEST STATUS CONFERENCE The petitioner, the Children's Advocacy Clinic, was appointed Guardian Ad Litem (GAL) for the minor children by Honorable E. Edward Guido in the Order of Court dated August 30, 2007. Given the Children's Advocacy Clinic's recent appointment as GAL and the Court's longer history with the family, the petitioner respectfully represents that the Court should consider the following information: 1. On August 30, 2007, an Order of Court was entered for the custody of Erik Scott Werner, born October 13, 1993 and Joel Jamison Werner, born April 16, 1996. Under the August 30, 2007 Order, Father has sole legal custody of the children and primary physical custody subject to Mother's periods of partial physical custody of the children on alternating weekends from Friday after school until the beginning of school on Monday (Order attached as Exhibit A). 2. The Order of Court dated August 30, 2007 made a significant change from the previous order, dated February 3, 2006, which awarded Mother and Father shared legal custody of the children, and Mother primary physical custody subject to Father's periods of partial custody. 3. In preparation for the custody hearing, a custody evaluation was completed by Dr. Kasey Shienvold. Dr. Shienvold did not recommend that Mother have overnight visits with the children based in part on the presence of frequent conflict and physical violence which places the children at risk both physically and emotionally. (Custody Evaluation, Jun. 25, 2007, Werner v. Bolinger, p. 30). 4. On Sunday, September 23, 2007, physical altercations took place between Father and Mother's husband, Douglas Bolinger. Additionally, an altercation ensued between Mother and Father's paramour, Nicole Deter. Both children witnessed the altercations. 5. The children were able to get the phone, and the older child described to emergency personnel the actions that were transpiring. (North Middleton Township Police Department Incident Supplemental Report, page 1, Sept. 23, 2007). 6. Douglas Bolinger has been charged with two counts of aggravated assault, one count of simple assault, and one count of harassment. Mother has been charged with one count each of burglary, criminal trespass, simple assault, terroristic threats and harassment. 7. According to police reports, a two foot long weighted wooden club (tire billy) and a cast iron mountain pie maker were used as weapons in the altercation. (Id.) 8. During the altercation, Mother picked up a cast iron mountain pie maker and placed it near Father's throat and made specific threats to his life. (Id.) 9. Pursuant to 23 Pa. C.S.A § 5303(b.1)(2)(iii), Petitioner requests that this Honorable Court consider the charges filed against Mother and modify the current order. As noted above, one of the five offenses Mother has been charged with is 18 Pa.C.S. § 2706, relating to terroristic threats, which is one of the enumerated crimes of 23 Pa.C.SA. §5303(b.1) which the court shall consider. 10. Petitioner additionally requests that the Court schedule a hearing to address the modification of the custody order pursuant to 23 Pa. C.S.A § 5303 or a status conference under P.A.R.C.P. 212.3(a)(6), whereby the attorneys for all parties shall appear before the Court to consider the matters presented in this petition to address the best interests of the children. 11. Pursuant to Cumb. Co. R P. 208.2(d), Petitioner sought concurrence of counsel, Samuel L. Andes (counsel for Father) and James G. Nealon (counsel for Mother). Attorney Andes concurs with this Petition. Attorney Nealon does not concur with this Petition. WHEREFORE, petitioner requests that the current custody order be modified temporarily suspending Mother's visitation periods pending a modification hearing or status conference to consider the recent developments in this custody action. Date: OC, Ler a Xo-+ 9 9:? Todd E. Klein Certified Legal Intern f to Cramer Lawrence Guardian Ad Litem for Children CHILDREN'S ADVOCACY CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 SCOTT J. WERNER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04 - 845 CIVIL TERM CHARMAINE BOLINGER Defendant. IN CUSTODY CERTIFICATE OF SERVICE I, Todd Klein, Certified Legal Intern with the Children's Advocacy Clinic, hereby certify that I served a true and correct copy of the Emergency Petition to Modify Custody and Request Status Conference and Order on the following persons by facsimile and first class U.S. Mail, postage prepaid, this 2°a day of October, 2007: Samuel L. Andes, Esquire 525 North 12t' Street P.O. Box 168 Lemoyne, PA 17043 Fax: (717) 761-1435 James G. Nealon, Esquire 2411 North Front Street Harrisburg, PA 17110 Fax: (717) 236-9119 Todd Klein Certified Legal Intern CHILDREN'S ADVOCACY CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 r? 0 2 RJ - ....,.. 'ro CD l SCOTT J. WERNER Plaintiff V. CHARMAINE BOLINGER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. 04-845 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Erik Scott Werner and Joel Jamison Werner, two minor children, to proceed in forma pauperis. The Children's Advocacy Clinic, Guardian Ad Litem for the minor children proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the minor children. Respectfully submitted, Date D CjQ6t a I aOO4 Todd Klein Certified Legal Intern E MER LAWRENCE LUCY JOHNSTON-WALSH Supervising Attorneys CHILDREN'S ADVOCACY CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 n3 ?' ? -? ? s'i ?- __.s rr ?... ? TI , __? --i' ?"? ' } -'r" o- : ', S ? S .. ' . _.a w .Y3 "? _ ?? `" OCT 0 81DD7 a''e SCOTT J. WERNER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04 - 845 CIVIL TERM CHARMAINE BOLINGER Defendant. IN CUSTODY ORDER OF COURT AND NOW, thisX*4day of 2007, upon consideration of the attached Emergency Petition to Modify Custody and Request Status Conference, it is hereby ordered that Mother's periods of partial custody be suspended pending a status conference scheduled for, on xyt,e . g, , 2007. f it/efed hand d' ¢ led Colvs 0 Mal J. ?-:' ` ? ' n .,..? ? ' ? ? rv - - .s ? f': = ,. .,.i G yam 7:3 ? ? SCOTT J. WERNER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CHARMAINE BOLINGER : NO. 2004 - 0845 CIVIL TERM ORDER OF COURT AND NOW, this 16TH day of OCTOBER, 2007, the "Physical Custody" provisions of our order dated August 30, 2007 which were temporarily altered by order dated October 2, 2007, shall resume on FRIDAY, OCTOBER 19, 2007. The order is further amended to provide the following: All custody transfers shall take place at the school or through a mutually agreeable third party. All communications regarding the children shall also be through the mutually agreeable third party. Mother and Father are prohibited from having any direct contact with each other, or any household member of the other (except the children). Furthermore, Mother and Father shall not be in the presence of each other at the time of any custody transfer. The children shall be dropped off with the agreed upon third party at least 15 minutes before they are to be picked up. In all other respects our order of August 30, 2007, shall remain in full force and effect. /amuel L. Andes, Esquire mimes G. Nealon, Esquire /Cy Johnston-Walsh, Esquire :sld o, J. C C ,6 WV L 1 130 LOU 3' 0I?-'0-0311] SCOTT J WERNER, Plaintiff V. CHARMAINE BOLINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY : NO. 04-845 PETITION TO MODIFY CUSTODY ORDER 1. The petitioner, the Children's Advocacy Clinic, was appointed Guardian Ad Litem (GAL) for the minor children by the Honorable Edward E. Guido in the Order of Court dated August 30, 2007. The petitioner respectfully represents that on August 30, 2007 this Court entered an Order for the custody of Erik Scott Werner, born October 13, 1993, and Joel Jamison Werner, born April 16, 1996, a true and correct copy of which is attached as Exhibit A. 2. Under the August 30, 2007 Order, Scott J. Werner (Father) has sole legal and primary physical custody of the children subject to Charmaine Bollinger's (Mother) periods of partial physical custody on alternating weekends from Friday after school until the beginning of school on Monday and alternating weeks during the summer. 3. On October 2, 2007, this Court suspended Mother's periods of partial custody (Order Attached as Exhibit B). On October 16, 2007, this Court issued an Order resuming Mother's partial custody and amending the August 30, 2007 Order to prohibit direct contact between Mother and Father. (Order Attached as Exhibit Q. 4. The August 30, 2007 Order, as amended by the October 16, 2007 Order of Court, should be modified because the frequency and severity of conflict and physical violence by Mother towards the children has increased as evidenced by the following: a. Prior to the current Order, Dr. Kasey Shienvold completed a custody evaluation in June 2007, which noted frequent conflict and physical violence and accordingly did not recommend that Mother have overnight visits. (Custody Evaluation (recommendation portion), Jun. 25, 2007, Werner v. Bolinger, p. 30. Attached as Exhibit D). It did, however, recommend that Mother attend weekly psychotherapy. b. A physical altercation took place on September 23, 2007 where Mother and her then husband assaulted Father and his girlfriend (Police Report and Criminal Complaint Attached as Exhibit E). The altercation involved the use of a tire billy and cast iron piemaker as weapons and resulted in a Protection From Abuse Order against Mother (PFA Attached as Exhibit F). Mother was charged with and plead nolo contendre to burglary (felony), terroristic threats, trespassing and harassment. On May 27, 2008, Mother received two years probation resulting from charges relating to the incident. c. On or about March 7, 2008, there was an incident where Mother failed to pick up the children from a roller-skating rink prior to the close of the establishment. In the resulting confusion, Erik and Joel's belongings were left behind at Mother's house including backpacks, jackets and Joel's glasses. Mother refused to return the belongings to the boys at school. Eventually, Erik and Joel's respective schools replaced their school supplies and Joel retrieved his glasses at a visit with his Mother approximately four weeks later. d. On July 22, 2008, the North Middleton Township Police Department cited Mother's paramour, David Teats, for two counts of harassment stemming from incidents on July 9, 2007 where he grabbed Erik by the neck and hair, pushed him and then grabbed and pushed Joel when he tried to help his brother. Erik and Joel fled to their Father's house where they reported the incident to the police (Police Report and Citations attached as Exhibit G). e. Most recently, on August 6, 2008, the North Middleton Township Police Department arrested Mother for assaulting Erik. Mother grabbed Erik by the hair and slammed his head into a window, leaving visible scratches on his scalp and hand. Mother attempted to do this a second time, but Erik was able to grab and knock over a jewelry box which caused Mother to let go. Erik then left Mother's house and went to the police station to report the incident (Police Report and Criminal Complaint attached as Exhibit H). f. Phillip Sowders, Erik's therapist, recommends that visits with Mother be supervised as the visits appear to have become more acrimonious and the altercations between Mother and the boys have become more physical in nature. 5. Mother is currently incarcerated pending a preliminary hearing for charges stemming from the August 6, 2008 incident including assault and harassment. Mother is also being investigated by Cumberland County Child and Youth for allegations of child abuse stemming from the August 6, 2008 incident. 6. Cumberland County Child and Youth Services has reported, and therefore it is believed, that Mother has agreed to a safety plan that will suspend her unsupervised visitation with the children for 30 days. 7. Pursuant to Cumb. Co. R P. 208.2(d), Petitioner sought concurrence of counsel, Samuel L. Andes (counsel for Father) and James G. Nealon (counsel for Mother). Attorney Andes concurs with this Petition and has submitted a Joinder on Scott Werner's behalf (Attached as Exhibit I). Petitioner has called and left messages for Attorney Nealon but has not received a response. 8. The Court is advised, pursuant to C.C.R.P. Rule 208.3(a)(2), that the Honorable Judge Edward E. Guido has ruled previously on this docket. WHEREFORE, Petitioner asks that the Court modify the existing Order for Custody and limit Mother's contact to supervised visitation and order Mother to undergo a psychological evaluation because it will be in the best interest of the children. ((Y/0?_ Date: Christina F rreira Certified Legal Intern TE tT(AMER LAWRENCE LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX MEGAN RIESMEYER SUPERVISING ATTORNEYS VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. Date: S eA,,U i A Christina Fe eira Certified Legal Intern 1 SCOTT J. WERNER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-845 CIVIL TERM CHARMAINE BOLINGER, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 30th day of August, 2007, after hearing, it is hereby ordered and directed as follows: 1. Leal Custody. Scott J. Werner shall have sole legal custody of Erik Scott Werner, born October 13, 1993, and Joel Jamison Werner, born April 16, 1996. Except as otherwise provided herein, he shall have the exclusive right to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health and education. Provided, however, that nothing in this Order shall interfere with either party's rights to authorize emergency medical treatment. Pursuant to the terms of 23 Pa.C.S. Section 5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical /treatment planning meetings and eyAl.uat onss-with regard _ t-o---the minter-children . - Each parent shall be entitled to full EXHIBIT A and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including,. but not limited to: medical records, birth certificates, school or educational records, attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, IEP meetings, extracurricular activities, children's parties, musical presentations, back-to-school night, and the like. 2. Physical Custody. Father shall have primary physical custody subject to Mother's rights of partial custody which shall be as follows: A. Effective September 7, 2007, alternating weekends from Friday after school until Monday at the beginning of school. It shall be Mother's responsibility to get the children to school on Monday morning. B. During the summer school recess, alternating weeks from 7:00 p.m. Saturday until 7:00 p.m. the following Saturday. The summer schedules shall commence with Mother having partial custody beginning the Saturday after school lets out for the summer. C. Such other times as the parties agree. 3. Holidays. The following holiday schedule supersedes the regular schedule: A. The parties will alternate the following holidays beginning with Mother having custody for Memorial Day 2008: Presidents Day, Easter, Memorial ay$ Independence-Day and.-Labor Day. -- - - ---B'. Thanksgiving. Father will have custody for the weekend prior to Thanksgiving each year for a traditional family celebration that occurs on the Saturday before Thanksgiving. Mother will have custody from Wednesday preceding Thanksgiving from after school until Saturday at 6:00 p.m. each year. C. Spring School Break and Christmas School Break. The parties will share the days that the children are out of school for these school breaks by their mutual agreement. However, in the event that there is no agreement of the sharing of the holiday, Father will have the first half of the Christmas School Break and the second half of the Spring School Break in even numbered years and the second half of Christmas School Break and first half of the Spring School Break in odd- numbered years. In even-numbered years, Mother will have the second half of the Christmas School Break and the first half of the Spring School Break, and in odd- numbered years mother will have the first half of the Christmas School Break and second half of the Spring School Break. Notwithstanding the above, Christmas shall be divided into two segments, Segment A and Segment B. Segment A shall be from December 25th at ' noon until December 26th at noon. In even-numbered years, Mother shall have Segment A and Father shall have Segment B. In odd-numbered years, Father shall have Segment A and Mother shall have Segment B. D.- - - -Both Parties recognize Mother' s family ? - - tradition of a gathering that occurs in Pittsburgh around Christmas time and will endeavor to arrange the sharing of the Christmas School Break to continue that tradition. 4. Both parties shall have the right to reasonable telephone contact with the children during the other party's period of custody/visitation. The children may initiate a telephone call to the non-custodial parent upon their request. Neither party shall interfere with the other party's telephone contacts with the. children. Each party shall make all reasonable efforts to promptly return calls or messages left by the other party regarding the children. In the event that the telephoning parent is not able to complete their call, the custodial parent will return the call promptly to arrange for the children to speak with the non-custodial parent. 5. Father shall continue the children's treatment with Dr. Trayer in Franklin Family Services until they are successfully discharged. Services with those particular providers shall not be changed without a Court Order or Mother's written agreement. 6. Father shall continue his individual counseling with his current therapist until he is successfully discharged. Mother is also encouraged to begin her own individual psychotherapy. 7. The parties will participate and cooperate in therapeutic family counseling to be arranged through the Franklin Family Services. 8. Because of the intractable conflict between the parents, the Children's Advocacy clinic of the Perm-State Dickinson School of Law is hereby appointed to represent the interests of the children in this matter. To that effect, this Order shall act as an Entry of Appearance for Lucy Johnston-Walsh, Esquire, whose office address and telephone number is as follows: The Children's Advocacy Clinic Lucy Johnston-Walsh, Esquire 45 North Pitt Street Carlisle, Pennsylvania 17013 (717) 243-2968 Supreme Ct # 80296 Both parents are directed to cooperate with the Penn State Dickinson School of Law and to provide them with an information re any quested regarding the treatment and care of the children. Edward E. Guido, J, Samuel L. Andes, Esquire Attorney for the Plaintiff James G. Nealon, Esquire Attorney for the Defendant Lucy Johnston-Walsh, Esquire The Children's Advocacy Clinic 9-oY_o1 41 Court Administrator srs SCOTT J. WERNER, Plaintiff V. CHARMAINE BOLINGER Defendant. ri r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 04 - 845 CIVIL TERM IN CUSTODY FILE ORDER OF COURT AND NOW, this' day ofCxl? 2007, upon consid h Petition to Modify Custody and Request Status Conference, it is hereby ordered that Mother's periods of partial custody be suspended pending a status conference scheduled for ?-_7 -` ?%- 2007. -, on TRUE COPY FROAA RECC,R in Testimony v,hereof, I hc.-a uryto s =t my hand and the seal of said court at Carlisle, pa. Thi .....a? n y of....C.??f........... ? . a427.. a...?. da . ..... p' ............. EXHIBIT Prothoary SCOTT J. WERNER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CHARMAINE BOLINGER NO. 2004 - 0845 CIVIL TERM ORDER OF COURT AND NOW, this 16TH day of OCTOBER, 2007, the "Physical Custody" provisions of our order dated August 30, 2007 which were temporarily altered by order dated October 2, 2007, shall resume on FRIDAY OCTOBER 19, 2007. The order is further amended to provide the following: All custody transfers shall take place at the school or through a mutually agreeable third party. All communications regarding the children shall also be through the mutually agreeable third party. from having any direct contact with each other, other and Father are or any household me berlto d other (except the children). Furthermore, Mother and Father shall not be in thee presence of each other at the time of any custody transfer. The children shall be dropped off with the agreed upon third party at least 15 minutes before they are to be picked up. In all other respects our order of August 30, 2007, shall remain in full force and effect. Samuel L. Andes, Esquire James G. Nealon, Esquire Lucy Johnston-Walsh, Esquire Ad EXHIBIT C, B - e Court, Edward E. Guido, J. TRUE COPY FROM RECORD In Te imony u.•h?,reof, i here unto set my hand a"d a seal of sa' C urt at ':isl , Pa. Th' .......1.. 7, day f...... ., . 4-7 Riegler • Shienvold & Associates CUSTODY EVALUATION SCOTT J. WERNER V. CHARNL?INE BOLINGER Docket No. 04-845 CWM TERM Referred By: Court Order No. 04-845 CIVIL TERM Elliot Riegler, Ph.D. (1948-1999) Arnold T. Shienvold, Ph.D. Melinda Eash, MS James Eash, LS W Bonnie Howard, Ph.D. Amy K. Keisling, ACSW, LCSW Tracy Richards, QCSW, LCSW Dyanne Sage, QCSW, LCSW Jeffrey Pincus, Ph.D. Ann vergales, ACSW, LCSW Kasey Shienvold, Psy.D. Shanen Turk-Geller, LCSW Harvey H. Shapiro, MD John Sivley, LCSW Referral Reason: To conduct a comprehensive custody evaluation as referred by the Honorable Edward E. Guido. Individual Interviews: Scott Werner 11115106,1 . 2/04/06,12/18/06, 01/09/07,01/16/07,01/23'/07, 01/30/07,02/21/07 Charmaine Bolinger Erik Werner Joel Werner Doug Bolinger 11/27/06,12/11/06,12/18/06, 01/10/07, 01/23/07, 05/08/07 01/02/07,01/15/07, 06/21/07 01/02/07,01/15/07 12/19/6 Werner v. Bolinger Page 26 of 31 Nicole completed that MMPI-2 for this evaluation. Her responses also indicate a defensive response pattern and an attempt to deny common human frailties. Therefore, some clinical scales may be unduly suppressed and her scores can not be interpreted. This profile indicates a reluctance to admit problems. She may also be rigid and uncompromising in her thinking. Recommendations: Scott Werner and Charmaine Bolinger currently share legal custody of their two sons, Erik and Joel. The parties have utilized a primary/partial custody schedule since their separation in 2002. Charmaine currently has primary physical custody of the children and Scott has periods of partial custody on alternating weekends with two weekday evenings each week. Charmaine feels it is in the best interest of the children for her to maintain primary custody of both children and to eliminate the midweek visitations. Scott disagreed and stated that the children are better served by a custody arrangement that awards him primary physical custody and allows Charmaine periods of partial custody. However, Scott suggested that he would also be content with an alternating seven day shared custody arrangement. Each party raised multiple concerns about the other parent and their significant others. Allegations have been raised by both parties about angry and violent behavior, negative talk about the other parent in front of the children, an inability to co parent effectively, and poor parenting skills. To further complicate the parenting concerns, each child is diagnosed with Asper ger's Disorder and ADHD. However, there is some controversy about Joel's diagnosis of Asperger's Disorder. Both Erik and Joel have special needs that require special parenting skills and significant attention and consistency. The most significantly apparent factor demonstrated by these parties is their inability to work cooperatively for their children. Written notes between the parties demonstrated very poor communication. Each party made allegations of inappropriate anger and poor treatment during interactions. They each noted that the police have had to be involved in. multiple interactions. Scott provided. voice mail messages from Charmaine; Doug, and Charmaine's neighbor, Michael that were filled with negative language and threats towards Scott. Charmaine stated in one message that Scott should enjoy his custody time with the boys because she is going to limit his time with-them in the future. Doug left messages questioning Scott's manhood and Michael left messages threatening bodily harm to him. Each party reported that Doug has even been involved in altercations with Scott. Furthermore, Maryanne Dickey reported that she had to call the police recently to get Doug to leave her home as well. Werner v. Bolinger Page 27 of 31 Erik and Joel have been dismissed by two psychiatrists during the course of the evaluation as a result of the parents' inability to get along during appointments. Each psychiatrist reported that Charmaine and Doug were the aggressors during interactions. Dr. Andrews claimed that Scott often tried to deescalate situations but that Charmaine and/or Doug would not allow it. Dr. Sumbatian reported that Charma.ine and Doug were demanding and hostile towards Scott. She indicated that they would not allow Scott to speak about the children and continually demeaned his parenting and his relationship with the children. Another critical factor for the children is stability and structure. Children with Asperger's Disorder and ADHD thrive on structure and predictability. Periods of ambiguity or instability produce increases in problematic behaviors. They may become impulsive, aggressive, hyperactive, or withdrawn. These behaviors are often an attempt by the children to force the parents to initiate structure through the use of correction and discipline. Charmaine demonstrated a consistent and thorough willingness to impose structure for the children. The children even reported that their mother often plans activities and events for them throughout the day. She described appropriate bedtime routines and consistent. bedtimes. She stated that she cooperated with family based services and developed behavioral plans for the children. Additionally, Charmaine consistently involves herself in the children's school performance and progress. Scott had a tendency to minimize the children's behavioral concerns. Therefore, he was not as vigilant in creating structure and planning out the children's activities. He demonstrated a preference for spontaneous activities and group decision-making. However, Scott described appropriate, consistent bedtimes and bedtime routines. Furthermore, Scott expressed a willingness to comply with recommendations made by psychiatrists and therapists working with the children. In addition to structure and routine, children are more successful both behaviorally and emotionally in households that offer an emotionally stable atmosphere. Research indicates that children exposed to conflict are more likely to express emotional, behavioral, and academic problems. Children feel more secure and safe in environments where the mood is consistent and the level of conflict is ed.. .... Scott alleged that Charmaine is often angry and provocative. He claimed that she is often both physically and verbally violent towards people. He stated that she yelled at him and hit him consistently in front of the children. Scott reported that, she has assaulted Doug and her mother as well. Charmaine was arrested for harassment and simple assault because of an altercation with Doug. Werner v. Bolinger Page 28 of 31 Both Erik and Joel indicated that their mother gets mad easily and yells a lot. They indicated that they have witnessed multiple altercations involving their mother. Erik claimed that he has seen Charmaine hit his father and throw dishes at Doug. Furthermore, Erik alleged that he had to help his grandmother when she was being assaulted by his mother. He also reported that his mother has hit him on more than one occasion and even gave him a bloody nose. Lastly, both psychiatrists indicated that Charmaine often attempted to provoke altercations with Scott while the children were present. They each terminated treatment as a result of Charmaine's aggressive and provocative behavior. Scott reported that Doug has been involved in multiple altercations as well. Both children reported that Doug does not like their father and is not nice to him. Erik claimed that Doug frequently speaks negatively about their father. He stated that Doug calls him derogatory names and hits him with a paddle. Each child talked about a paddle named "White Lightning" that Doug will use to discipline the children. It was reported that Doug continued to hit the children until they were crying. Erik reported that he is afraid of Doug as a result. Charmaine and Doug each denied inappropriate anger or the excessive use of physical discipline. Charmaine alleged that Scott was the cause of her explosive behaviors towards Doug and Maryanne. She admitted to getting frustrated in the psychiatrists' offices but again blamed her behavior on Scott's unwillingness to accept her perceptions of the children. However, Charmaine's interview responses, behavior during the evaluation, and testing data suggest that she is rigid and uncompromising. She presented as very demanding and assertive. She tended to externalize blame for her behaviors and was unable to consider alternative perspectives of the children's behaviors. The children's psychiatrists and family-based counselors disagreed with pieces of Charmaine's complaints about the children. Dr. Sumbatian and Emily Bolling each questioned Joel's diagnosis of Asperger's Disorder. They indicated that the children's behaviors were more normal than Charmaine described them. The information gathered and reviewed for this evaluation lends credibility to the claims that Charmaine has significant difficulty controlling her expressions of negative emotions. This evaluation suggests that Charmaine.exposes the.children to violence and anger in multiple ways. She appears to consistently express her anger outwardly not only to Scott, but also towards Doug, and the children. Her. denial of accountability for all of her negative behaviors indicates that this is a personality characteristic that is deeply ingrained. Werner v. Bolinger Page 29 of 31 Conversely, Scott is described by both children as cool and calm. They denied ever hearing their father speak negatively about their mother. They claimed that their father just tells them that their mother is a "good mother." Both Joel and Erik denied witnessing their father get angry or fight with Nicole. The children denied ever seeing Scott hit anybody or lose his temper inappropriately. Furthermore, the psychiatrists each described Scott's behavior as more appropriate and balanced. There were no concerns raised about Nicole's behavior with the children. The information gathered in this evaluation does not reveal the same concerns about Scott. While he is likely more angry and resentful than he is willing to admit to people, he appears to do an adequate job of dealing with and expressing those negative emotions. The results of this evaluation suggest that Scott is better able to provide an emotionally stable environment for the children and is more capable of removing the children from the center of the conflict. Lastly, physical safety and security of the children is critical. As mentioned earlier, children need to feel safe and comfortable in their primary residence. The presence of conflict or inappropriate disciplines can prevent a child from feeling comfortable in their home. The children each reported that their mother gets angry easily and without warning. Doug reportedly has a paddle that he uses on the children and makes Erik say "Thank You Dad" after he has been hit. Erik alleged that Charmaine has hit him multiple times and that he is afraid when in his mother's house. Joel denied being fearful in his mother's house but did indicate that Doug and Charmaine yell frequently and curse. Lastly, Erik reported that Charmaine allows a 15 year old boy in the neighborhood, Michael, to physically hurt him and impose rules or consequences. He alleged that his mother suggests to him that he should act more like Michael. Scott was described by Charmaine and Doug as irrational and aggressive. However., there was little evidence to corroborate those claims. The children each described Scott as more calm and even-tempered than their mother or Doug. They denied the use of physical discipline in their father's home and reported that they feel safe and comfortable at their father's home. Erik expressed a desire to live with his father and Joel indicated that he would like, to spend more time. with his father as well. . Based on all of the information provided during the interviews, the results of the home evaluations, psychological testing, and the current peer-reviewed research, the following recommendations are given within reasonable degree of psychological certainty. C 1. It is recommended that Scott be awarded primary physical custody of Erik and Joel. Scott appears to currently be able to provide the more emotionally stable and conflict-free environment for the children. • Werner v. Bolinger Page 30 of 3.1 a. It is recommended that Charmaine have periods of partial physical custody on a two week rotation. During the first week, Charmaine shall have physical custody on Saturday from 11:00 AM until 7:00 PM. During the second week, it is recommended that Charmaine have physical custody of the children on Sundays from 11:00 AM until 7:00 PM. Furthermore, it is recommended that Charmaine be allowed multiple phone conversations each week with the children. i. Charmaine's home does not provide the safety and stability that the children require. The presence of frequent conflict and physical violence places the children at risk both physically and emotionally. Furthermore, this evaluation suggests that Charmaine is unable to facilitate a healthy relationship between the children and Scott. She is very critical of Scott and appears to have repeatedly interfered with Scott's scheduled visits. 2. It is recommended that Scott be awarded sole legal custody of the children. Given the inability for the parties to work cooperatively, it is evident that a primary decision maker needs to be determined for the best interests of the children. The children have been forced to endure at least two changes in psychiatric care already as a result of their parents' inappropriate behavior. a. According to the information gathered, including contacts with other professionals involved with this family, it is apparent that Charmaine has more difficulty with the co-parent relationship and the ability to accept professional recommendations. 3. In addition to finding a new psychiatrist, it is recommended that the children become involved with a child therapist familiar with their diagnoses. If possible, it is recommended that Family-based services be restarted in Scott's home on a weekly basis as well. a. Scott has never been primary caretaker of the children. It is critical for him to seek help in setting up the household rules and structure that makes the adjustment for the children easier.. Erik and Joel have special needs that require intense parenting. Scott will need to work with mental health professionals trained in parenting techniques required for the children's special needs. ... . ...... ..... Werner v. Bolinger Page 31 of 31 4. This evaluation revealed significant emotional and behavioral issues for Charmaine. It is recommended that she return to weekly Psychotherapy her difficulties in controlling negative expressions of emotions as well to address tendency to think in rigid and uncompromising ways. Char well as her to accept responsibility for behaviors is also concerning rnauids unwillingness addressed. Her therapist should be given a copy of this evaluation to hel illustrate her emotional and behavioral needs. Addressin help her to become a more effective parent and a better g these issues will allow relationships, partner for her interpersonal 5. Scott would also benefit from continued psychotherapy. A change in cuss drastic is going to create significant adjustment pressures and lifestyle ody this As a result, he may experience exacerbated feelings of changes. need to be monitored. This evaluation indicated that Scott has dYCUlt met will assertiveness and independence as well. It is important to iff with address these is well so that he can more effectively model behavior to his children sues as dor;; lent io the property of ins: North Middleton Township Sequence: 01 INCIPjg '09P9rVn MENTAL EPORT Page No. 1 Do net disseminate it or its contents 09/24/2007 #07-003915 DOUGLAS BOLI GERUS 10h%NW t"RN R AT HIS RESIDENCE. Reported by: GARY CA Date reported: 09/23/2007 Reviewed by: Date reviewed: ON SUNDAY SEPTEMBER 23 2007 AT APPROX. 2036HRS MYSELF AND OFFICER GROVE WERE DISPATCHED BY CUMBERLAND COUNTY COMMUNICATIONS TO RESPOD TO 101 WILLOW GROVE RD FOR AN ACTIVE ASSAULT. CNTY ADVISED THEY WERE SPEAKING TO ERIC WERNER OF THAT ADDRESS WHO WAS ADVISING THEM THAT HIS STEP-FATHER WAS ASSAULTING HIS FATHER WITH A TIRE BILLY OUTSIDE THE RESIDENCE.HE TOLD CNTY THAT HIS MOTHER AND STEP-FATHER WAS TRESPASSING. AT 2040 HE ADVISED THAT HIS STEP-DAD HIT HIS FATHER ALL OVER WITH THE TIRE BILLY. AT 2041 HE ADVISED THAT NOW HIS DAD'S GIRLFRIEND AND HIS MOTHER WERE ROLLING AROUND FIGHTING. ERIC ADVISED HE HAS HIS 11 YEAR OLD BROTHER WITH HIM AT THE BOTTOM OF THE DRIVEWAY. I ARRIVED AT APPROX. 2049 AND FOUND ALL SUBJECTS SEPARATED. I OBSERVED THAT BOTH SCOTT WERNER AND DOUGLAS BOLLINGER WERE COVERED IN BLOOD. EMS WAS DISPATCHED AT THE REQUEST OF SCOTT WERNER WHO WAS COMPLAINING OF BACK AND LEG PAIN. HE WAS SITTING IN THE DRIVEWAY LEANING AGAINST HIS VEHICLE. WERNER ADVISED THAT HIS EX-WIFE (CHARMAINE BOLLINGER) AND HER HUSBAND (DOUGLAS BOLLINGER) CAME TO THE RESIDENCE TO PICK UP A LUNCH BOX FOR THIER CHILDREN. CHARMAINE CAME UP TO THE DOOR AFTER PICKING UP THE LUNCH BOX WHICH WAS PLACED AT THE END OF THE WALKWAY BY WERNER. CHARMAINE BEGAN TO VERBALY ASSAULT WERNER THEN STRUCK WERNER OVER THE HEAD WITH THE LUNCH BOX. WERNER PUSHED HER AWAY AND TOLD HER TO LEAVE. AT THAT POINT DOUGLAS BOLINGER WHO WAS IN HIS VEHICLE GOT OUT HOLDING A TIRE BILLY (2' LONG WEIGHTED WOODEN CLUB) AND APPROACHED WERNER. BOLLINGER STRUCK WERNER TWO TO THREE TIMES IN THE BACK AND LEG WITH THE TIRE BILLY. WERNER WAS ABLE TO TAKE THE CLUB FROM WERNER AND THREW IT OUT IN THE YARD. DURING THIS TIME CHARMAINE ENTERED THE RESIDENCE AND TRYED TO TAKE THE PHONE FROM DETER WHO WAS TRYING TO DIAL 911. CHARMAINE THEN PUSHED AND PUNCHED HER SEVERAL TIMES. SHE THEN STARTED PULLING DETER'S HAIR. DETER YELLED FOR ERIC TO PICK UP THE PHONE AND CALL THE POLICE. THE ALTERCATION ENDED UP ON THE FRONT PORCH WERE CHARMIANE BIT DETER ON THE HAND. DETER WAS THEN ABLE TO RUN BACK INTO THE HOUSE AND LOCK THE DOOR. BOLINGER WAS NOW ON TOP OF WERNER WITH BOTH HIS KNEES ON WERNES CHEST. WERNER WAS YELLING THAT HE COULD NOT BREATH. CHARMAINE CAME OVER AND PICKED UP A CAST IRON MOUNTAIN PIE MAKER AND PLACED IT AGAINST WERNER'S THROAT AND TOLD HIM SHE WAS GOING TO KILL HIM. WERNER WAS ABLE TO GET TO HIS KNEES WHEN CHARMAINE GRABBED HIM BY THE HAIR AND WAS TRYING TO HOLD HIM DOWN. BOLINGER PICKED UP THE MOUNTAIN PIE MAKER AND BEGAN STRIKING WERNER ON THE BACK WITH IT. THE PIE MAKER BROKE IN HALF AND WERNER WAS ABLE TO GET UP. CHARMAINE AND HER HUSBAND RAN TO TO THEIR VEHICLE.POLICE ARRIVED SECONDS LATER. EMS ARRIVED AND BEGAN TO TREAT WERNER. WHEN THEY CHECKED HIS BACK THEY FOUND HE HAD A DEFORMITY IN THE MIDDLE OF HIS BACK OVER THE SPINE. EMT ADVISED THEY WERE GOING TO CALL LIFE LION TO TRANSPORT. I CALLED ADA BIRBECK AND ADVISED OF THE SITUATION. HE GAVE ME APPROVAL FOR THE CHARGE OF AGG ASSAULT X2, SIMPLE ASSAULT AND HARASSMENT FOR BOLINGER. 2 COUNTS OF HARASSMENTFOR CHARMAINE. BOTHE CHARMAINE AND HER HUSBAND WERE ALSO TRANSPORTED TO CARLISLE EXHIBIT 6 DREG MED CENTER. I WAS .INFORMED SEVERAL HOURS LATER 1HAT WERNER WAS NOT TAKEN TO HERSHEY VIA LIFE LION, RATHER HE WAS TRANSPORTED North Middleton Township ----- ----- - ------- This document is the property of the North Middleton Township Police Department. Do not disseminate it or its contents outside the NMPD without the expressed consent of the originator. Sequence: 01 INCIDENT SUPPLEMENTAL REPORT Page No. 2 09/24/2007 #07-003915 DOUGLAS BOLINGER ASSAULTED SCOTT WERNER AT HIS RESIDENCE. TO CARLISLE REG MED CENTER. BOTH BOLLINGERS AND WERNER WAS TREATED AND RELEASED. This document is the property of the North Middleton Township Police Department. Do not disseminate it or its contents outside the NMPD without the expressed consent of the originator, Sequence: 02 INCIDENT SUPPLEMENTAL REPORT Page No. 1 09/24/2007 #07-003915 DOUGLAS BOLINGER ASSAULTED SCOTT WERNER AT HIS RESIDENCE. Reported by: GARY CARVER Date reported: 09/24/2007 Reviewed by: Date reviewed: ON MONDAY SEPTEMBER 24 2007 OBTAINED THE 911 RECORDING FROM THE ASSAULT CALL AT 101 WILOW GROVE RD. i nis oocurnert is the property of the North Middleton Township Police Department, Do not disseminate it or Its contents outside the NMPD without the expressed consent of the originator. Sequence: 03 INCIDENT SUPPLEMENTAL REPORT Page No. 1 #07-003915 DOUGLAS BOLINGER ASSAULTED SCOTT WERNER AT HIS RESIDENCE. 09/24/2007 Reported by: GARY CARVER Date reported: 09/24/2007 Reviewed by: Date reviewed: ON MONDAY 9-24-2007 AT APPROX 1600HRS SCOTT WERNER AND NICOLE DETER CAME ON STATION. WERNER WAS ASK TO PROVIDE ME A WRITTEN STATEMENT OF THE INCIDENT THAT OCCURRED LAST EVENING. I ALSO TOOK FOLLOW UP PHOTOS OF THE INJURIES ON HIS BACK. HE WAS GIVEN A DOMESTIC VIOLENCE INFORMATION BOOKLET ALONG WITH INFORMATION ON PROTECTION FROM ABUSE ORDERS. FROM THE INFORMATION WERNER WROTE IN HIS STATEMENT IT IS VERY POSSIBLE THAT ADDITIONAL CRIMINAL CHARGES WILL BE FILED AGAINST CHARMAINE BOLINGER FOR HER ACTIONS DURING THE ASSAULT OF WERNER. I WILL CONTACT ADA BIRBECK WITH THE NEW INFORMATION. This document is the property of the North Middleton Township Police Department. Do not disseminate it or its contents outside the NMPD without the expressed consent o f the originator. L:L # 07-003915 COMPLAINT REPORT Page No. 1 09/24/2007 COMPLAINT NUMBER -> 07-003915 Received by: GARY CARVER Date/Time received: 09/23/2007 @ 20:36 How received: RADIO DISPATCH Time dispatched: 20:36 Time arrived: 20:41 COMPLAINANT -> ERIC WERNER Address: 101 WILLOW GROVE RD City: CARLISLE State: PA Zip: 17013 TYPE OF COMPLAINT -> ASSAULT-AGGRAVATED Time cleared: 22:23 Phone: (717) 514-5332 Nature of CALLED ADVISED HIS DAD AND STEP DAD WERE OUT FRONT INVOLVED complaint IN A PHYSICAL ALTERCATION. ARRIVED FOUND DOUG BOLLINGER AND SCOTT WERNER BOTH COVER IN BLOOD. WERNER FLOWN TO HERSHEY FOR INJURIES. BOLLINGER TO HOSP BY AMB. SEE INCIDENT REPORT. How handled: Officer visit Location code: ZONE2 Location dispatched: 101 WILLOW GROVE RD Officer dispatched: GARY CARVER TIME ANALYSIS Queue time Travel ti <time received to dispatched> = 0 minutes me Response time <time <time dispatched to arrived> = receiv d 5 minutes Action time <time e to arrived> = arrived to clear d 5 minutes e > = 102 minutes This document is the property of the North Middleton Township Police Department. Do not disseminate it or its contents outside the NMPD without the expressed consent of the originator. # 07-003915 INCIDENT REPORT Page No. 1 09/24/2007 DOUGLAS BOLINGER ASSAULTED SCOTT WERNER AT HIS RESIDENCE. Date occurred: 09/23/2007 to 09/23/2007 Date reported: 09/23/2007 S Time occurred: 20:36 to 20:36 Time reported: 20:36 T Jurisdiction: 21208 A T U S 0 F F E N S E 0 F F E N S E 0 F F E N S E 0 F E N S E Arrest(NON-TRAFFIC): GARY CARVER Reviewed by: Date reviewed: Cleared by: Physical arrest Date cleared: 09/23/2007 Case status: Closed Date closed: 09/23/2007 Offense code: CC2702A1 ... AGGRAVATED ASSAULT Nature of offense: DEF DID ATTEMPT TO CAUSE SERIOUS INJURY Circumstance: Completed Location: 101 WILLOW GROVE RD Unfounded? NO Date: Location code: ZONE 2 Bias motivation: None (No bias) Location type: Residence or home Alcohol consumed? NO Drug/Narcotic? NO Premises entered: Computer equipment used? NO Forced entry? Abandoned. Weapon/Force: Blunt object Offense code: CC2702A4 ... AGGRAVATED ASSAULT Nature of offense: DEF USED DEADLY WEAPON IN ASSAULT Circumstance: Completed Location: 101 WILLOW GROVE RD Unfounded? NO Date: Location code: ZONE 2 Bias motivation: None (No bias) Location type: Residence or home Alcohol consumed? NO Drug/Narcotic? NO Computer equipment used? NO Weapon/Force: Blunt object Offense code: CC2701A1...SIMPLE ASSAULT Nature of offense: DEF ASSAULTED VICTIM Premises entered: F rgtli dtnUM is the prop ned? the North Middleton Township Police Department. outside the NMPD without the expressed consent of the originator. Circumstance: Completed Unfounded? NO Date: Bias motivation: None (No bias) Alcohol consumed? NO Drug/Narcotic? NO Computer equipment used? NO Weapon/Force: Hands,fists,feet,etc Location: 101 WILLOW GROVE RD Location code: ZONE 2 Location type: Residence or home Premises entered: Forced entry? Abandoned? Offense code: CC2709A1 ... HARASSMENT Nature of offense: DEF DID SUBJECT VICTIM TO PHYSICAL CONT Circumstance: Completed Location: 101 WILLOW GROVE RD Unfounded? NO Date: Location code: ZONE 2 Bias motivation: None (No bias) Location type: Residence or home Alcohol consumed? NO Drug/Narcotic? NO Premises entered: Computer equipment used? NO Forced entry? Abandoned? # 07-003915 INCIDENT REPORT Page No. 2 DOUGLAS BOLINGER ASSAULTED SCOTT WERNER AT HIS RESIDENCE. 09/24/2007 DOUGLAS E BOLINGER DOB: 02/16/1956 Age at incident: 51 S 1974 FRY LOOP AVE Sex: M Race: WHI Ethnicity: NONH U CARLISLE, PA 17013 Height: 6100" Weight: 175 lbs. S (717) 258-4018 SSN: 179-44-8448 P E Interviewed? YES Statement taken? NO Hair color: Brown C T Citations issued? NO Eye color: Hazel Warrants issued? NO Build: Medium or average Complexion: Medium MO/Comments: ASSAULTED SCOTT WERNER DOUGLAS E BOLINGER OTN: Date of arrest: 09/24/2007 @ 00:30 A Arrest type: Taken i t Informed of charge? YES n o custody R Location: CARLISLE REGIONAL MED Advised of rights? YES R Location code: ZONE 2 NCIC check? YES E Resident? YES S Booking station: Carlisle Booking T Condition i Booking number: pr soner: Normal Arrest disposition: other incident(s) cleared? NO Date of disposition: Arrest(NON-TRAFFIC): GARY CARVER Assisting officer: RICHARD GROVE JR CHARMAINE BOLINGER S 1974 FRY LOOP AVENUE DOB: 01/07/1972 Age at incident: 35 U CARLISLE, PA 17013 Sex: F Race: WHI Ethnicity: NONH S (717) 258-4018 Height: 510811 Weight: 140 lbs. P SSN: 183-64-2577 E Interviewed? YES Statement taken? NO C Hair color: Blond or strawberry T Citations issued? NO Eye color: Blue Warrants issued? NO Build: Medium or average Complexion: Fair MO/Comments: ASSAULTED NICOLE DETER AT 101 WILLOW GRV SCOTT JAMES WERNER V 101 WILLOW GROVE ROAD DOB: 04/14/1971 Age at incident: 36 I CARLISLE, PA 17013 Sex: M Race: WHI Ethnicity: NONH C (717) 249-8344 SSN: 191-50-8489 T Interviewed? YES I Statement taken? YES Resident? YES M Hospital: Carlisle Hospital Transported b : C li Docto : Tjji:? document is the ro e p P rtyof y ar sle Comm Amb Injury type: BRUISES; Complaint of i the North Middleton Township a p n Police Department. Comments : ASSAULTED BY DOUGLAS BOLINGER Do not disseminate it or its contents Aggravated aslt/Homicide : Argument outside the NMPD without the expressed consent of the originator. Related offenses: CC2702A1; CC2702A4; CC2701A1 ; Relationship to DOUGLAS E BOLINGER: No relationship Relationshi to CHA p RMAINE BOLINGER: Ex-s pouse ## 07-003915 INCIDENT REPORT Page No. 3 09/24/2007 DOUGLAS BOLINGER ASSAULTED SCOTT WERNER AT HIS RESIDENCE. NICOLE DETER DOB: 03/20/1972 Age at incident: 35 V 101 WILLOW GROVE RD Sex: F Race: WHI Ethnicity: NONH I CARLISLE, PA 17013 SSN: 196-48-2083 C Interviewed? YES T Statement taken? YES Resident? YES I M Hospital: Carlisle Hospital Doctor: ER Transported by: Carlisle Comm Amb Injury type: BRUISES Comments: ASSAULTED BY CHARMAINE BOLINGER Related offenses: CC2709A1 Relationship to DOUGLAS E BOLINGER: No relationship Relationship to CHARMAINE BOLINGER: No relationship This document is the property of the North Middleton Township 'Police Department. Do not disseminate-it or its contents outside the NMPD without the expressed consent of the originator. COUNTY OF: Cumberland Magisterial Distrldt Number: 09-2-01 MDJ: Han. Paula P. Correa] Address. 2260 Spring Road, Suite 3 Caritals, PA 17013 Telephone: (717 ) 218-5250 L.1 1-Felony Full 2-relony Ltd. ? 3?1`elony surrounding States ? mstancb; ?: .,? •.... .? ;, ?-?,. ,?. :,?..,__ , .: -. ?1??????1? - > itlt??lYx'Y URt.19;1i1'ft ..,t?l' ????: _ .ts, , ; tiACE ETHNICITY DocketNUmber uatefied WN/LiveScanNumber complatntf b?1iL;a White ' ? Hispanic 07-00391. © Asian X Nun- anic Hi DOB 01 107 ,1972 P06 "' cx G d1acK sp ? Unknown AWL DO@ t ? SSN 183 ? 64 - 2377 Arirt't SSN Last Name rst None M1 0131e ame ? Nativo. 'GFNnFV : ran. .ARA American; 11 Male Hti12R'CbLi?1? ' , ? > (RedlAubn) ? •GRY (Grey) 13:RBD EYE COLOR d 'ldriknratun' FPma7? . :0 :CL'tC.4tstadc) `Gl pN',,CGfangs?'.BLN (Elbnde;1: ? GRIN (Green) ? PNK (Pink) SID: ;0. BLU (Blue) 17 .pL {prpl?) Str2vuberry) d 8LK (Black) d GRY (Gray) C n?uL {Muitiwlored ) 0 BRCS @rdwn)°. ;i ,--??VK..0 W1HI (U iite) Pink !? BL U (slue) f-1 hf2t (Hazr?l) ? . . ) , Request Lab Services Y919C NO GRN {G1 I9tx}.. 37;;SD7!; ? BRO (Brown) ? MAR (Maroon)[) UNK (Unknown) . State PA nse Number 23130372 Expires: o1 ' ca 1 2010 tii? U YSS C1 NO DNA Location ??qq r. Lyman* Plate # Stabe t Hazmat Registration Comm1 Vail. SChoof Oth. NCI[ C d V h I _ e e . o Ind, ? Vehr ? 0 Sticker (MMIM VIN Year Make Model Style Color Office of the attorney for the Commonwealth Approved d DisappmvPd hecause: l'he altomey for the Comnonwealth may require that the complaint, area warrant WdWt, or bath be approved by tha atomey far the Commonwealth prior to piing. See Pa.P Grim P. 07). JOHN BiRI3ECK JRB20079-27 or POLICE CRIMINAL. COMPLAINT COMMONWEALTH OF PENNSYLVANIA VS. ?b(V.??...,. ?.:..,..:..:.:......w?,W.._? ONAMEandADDRESS,1:.....,._..:_,?? ..,....., ..w...,??.,.....,.,..,,:.,.w:., CHARMAINE BOLINGER :Firai'Wer»o Al+adreNW;ria 'tast:r?arr?e_? ? ?? 46 X1974 FRY-IW000 AVt CARLISLE,'PA.1,70131 QZ 0 4-Felony No Ext. d G-Faiany Pend. ? A-Mlidernesnor Full ? B•Misdemeanor Limited U E-h! ad aapo onas: J_ M 0-M16.demeanor Surrounding Gtatea b._ m ?.waw. ? 0-Misdarnasnor No 1=xtradltJon iA i_: CgQ C I, (tdamaof the AliasiMlrasr Piiu{ Tye ?S APOE-C -P,33lgne0>,man io Number K -Badge atMa,l.SOO of North Middleton Township Police Department a? ape ,en ne gamy epreeen v i m uu ivuwn (u genoy um ei do hereby state: (check appropriate box) 1. i accuse the above named defendant who lives at the address set forth above p I accuse the defendant whose name is unknown to me but who is described as ? I accuse the defendant whose name and popular designation or nickname ore unknown to me and whom I have therefore designated as John Doe or Jane Doe with violating the penal laws of the Commonwealth of Pennsyivanla at € 208 ] North Middleton Township 101 WILLOW GROVE RD. (SubdivisionOodg) (Piece-PoHtIcalSubdivision) in Cumberland County [ 21 1 on of about µ SUNDAY 5EPTEM131-1 23 2007 @APpROX. 2036HRS -? - (County Code)' 1%0VC 412A-Ota .,r. ,...?. .?.r... North Middleton T Uwnship Police Department Use Only page 1 of 4 POLICE CRIMINAL COMPLAINT Number: Uate Filed; OTN Uvebcan mummer wmp?ainz?;anq ', '? `?r,' ''?' T ??` rust: Middle: Lan: CHARMAINE $aLINGER The acts committed by the accused are described below with each Act of Assembly or statute violated, if appropriate : (Set forth a brfaf summary of the feats sufficient tD advise the defendant of the nature of the offense(s) charged, A eltatlon to the statute(s) violated, without more, is not sufficient. In a summary case, you musWte the specific5ection(s) and subsection(s) of the statute(s) or ordinance(s) allegedly vloleted,) Attempt 301ioltatio Ay F2204 offense # al"On SubSt Lwi FA SWUM IUe Counts Grade Nr lc offense code UCIF NI6R5 SOW • "', , r r SAPPty 7nnP Work 7nnP A.r 9the accused associated with this Offense: BURGLARY: DEFENDANT DID ENTER A BUILDING OR OCCUPIED STRUCTURE, (101 WILLOW GROVE RID) OR SEPARAI1E.LY'SEGURLD UK UGGUPIED PORTION THEREOF, WITH THE INTENT TO COMMIT THE CRIME OF HARASSMENT THEREIN. lip ad ftempA SAlloltattion Conspiracy Engapfn.Q) A1df»pl a aQv d 1• I'C f?1[yi?tS NMP , .. Offense # Section Sutsenion PA SWute (Title) Counts Grade NCIC Offense Code UCRINIBRS Code ''r M, I ? Safety Zone ? Work zone Acts of the accused associated with this Offense: CRIMINAL TRESPASS: DEFENDANT DID i,,NOW'ING THAT S( IC WAS NOT LICENSED OR PRIVILEGED TO DO SO, DID ENTER OR REMAIN AT (101 WILLOW GROVE RD) AS TO WHICH NOTICE AGAINST TRESPASS WAS GIVEN BY ACTUAL COMMUNICATION TO THE DEFENDANT. ? 3oiioitation Conspiracy ^ A? u {EnaagingJ A2 n (Aiding) ? ? (Knowledge) (71l{u 73 0111y) PauniUlny '5 1575 A 98 901 A 78 902 A i8 903 r El Attempt 3ottc11airuu Cuubpi,rss:y 11 A7 Rz B Permitting (Tltle 75 Only) 18 90i A 98 902 li 18 903 (Engaging) (Aldttrg) (Knowledge) 75 1575 A F-1 3 ' 270 i A-3 T ?A 18 1 M-2. ; 13113 Ki Safety Zone ? Work Zone 1 ' 0", ll d? Lea 0(taisu # SweGwi 5utuection ?A Statnxw J100) Counts Cted2 Ncic tmonsa coda UCRINI9R5 Code Acts of the accused associated with Chic Offense; SIMPLE ASSAULT: DEFENDANT DID ATTEMPT BY PHYSICAL MENACE TO PUT SCOTT WERNER IN FEAR OF IMMINENT SERIOUS BODILY INJURY, BY PLACING A CAST IRON COOKING INSTRUMENT AGAINST HIS THROAT WITH ENOUGH FORCE THAT HE COULD NOT BREATH. , page 417.A"06 North Middleton Tcwnship Police Department Use Only ge z of ? POLICE CRIMINAL COMPLAINT Docket Number; Date Filed-. OTNtLiveSLdn Number Com taint/1n,GtaeltG numu¢r 07OA?915 . r r'w a. Spts'1 First: Middle: Ldbl: ! ;w, CHARMAINE BOLINGER .cu A •J? u1.i 75+.I'' S. .+4 r+n:., The acts committed by the accused are described below with each Act of Assembly or statute violated, if appropriate rbet torn a bnaf summary of the tats suftoient to sdviee the defendant of Lhe nature of the offense(s) charged. A citation to the statute(s) violated, without more, ie not sufScient. in a summary case, you must cite the specific section(s) and subsection(s) of the statute(s) or ordlnence(s) allegedly violated.) M?S? ? Attempt Solicitation cohrplracy 11 Al .A2 A Permitting (Title 75 Only) IS 901 A is 002 A 18 903 (Engaging) (Arding) (Knowledge} 75 1 r>76 A ? L..,,1 t14 J2 Lead? _.._.- I O N,= 1 - I ? Safety xane 1 n Work Zone Acts of the accused associated with this Offense: TERRORISTIC THREATS: DEFENDANT DID COMMUNICATE, EITHER DIRECTLY OR INDIRECTLY, A THREAT TO COMMIT THE CRIME OF MURDER WITH THE INTENT TO TERRORIZE SCOTT WERNER. ? 5 jj .270 : A-? v l edIXY Offense # Section Subsection PA statute Counts (Title) Grade Nc#o Offense Code tlGRJNIBRS Code 5af* Zone ? Work Zone Acts Oft a accused assoclatid- With this Offense: HARASSMENT: DEFENDANT DID WITH THE INTENT TO HARASS, ANNOY OR ALARM, SCOTT WERNER AND NICOLE DETER, STRIKE, SHOVE, KICKS OR OTHERWISE SUBJECTS THEM TO PHYSICAL CONTACT, OR THREATENS TO DO THE SAME. ` ` ? Attempt E] Solicitation Ca ? Al ? A2 8 F 1 Permitting (Title 7b Only) El r '... ?, ; 8 801 A 1 i8 902 A iB 903 (Engaging) (AJding} - (Knowledge} .751575 A Attempt ? Solicitation Conaplreey ? Al ? A2 ? r~r ? Permitting (Tltic 7r Gnly) s legal A 18 902 A 18903 (Engaging) (Aiding) (Knowledge) 7515; 5 A 113 Lead? PA Arrr Gracie nclc orr?{IikCGdii Q Safety zone Work Zone This rtocurn,nt lathe Property at the North Middleton Township Police Department. Do not disseminate t or its contents expre5sied the o he orin;n A„r I, M.,.e 3 rE 4 •. ?+ ?+••-? r? rvvr u r rvuuurcwr I r vvvi gar IrN r4uLa vvVar ti'1rvr it vav y11 7 POLICE CRIMINAL COMPLAINT Docket Number: Mete riled; OTN j UveScan Number Complaint/incident ntumber '. „'67rtyo391'S i1 Y rst: Millie: BOLiNGER CHARMAI N E 7_ I ask that a warrant of arrast or a summons be issued and that the defendant be required to answer the charges I have made. 3. I verify that the facts set forth in this complaint are true and correct to the best of my knowledge or information and belief. This verification is made subject to the penalties of Section 1904 of the Crimes Code (18 P&C.S.5/1904) relating to unsworn falsification to authorities. 4. This complaint is comprised of the preceding Page, as well as the attached pages that follow, numbered through 4 , specifying offenses and Participants, if any. The acts committed by the accused, as listed and hereafter, were against the peace and dignity of the Commonwealth of Pennsylvania and were contrary to the Act(s) of the ,Assembly, or in violation of the statutes cited. (Before a warrant of arrest can be issued, an afs idavi if probable cause must be completed, sworn to before the issuing authority, and attacbed.) C (Slgneiure eAfffi-ent) AND NOW, on this date I certify that the complaint has been properly completed and verified. Ai dfrddviL of prubdble wust must be completed before a warrant can be issued. (Magisterial District Court Number) (Issuing Authorfly) This document.is the pproperty of the Norlh Middleton Townrhlp Police Department. Do not disseminate it or its contents uuislde the NMPU without the expressed consent of the originator. Page 4 4 OPC 412A-06 North Middleton Township Police Department Use Only of a Date Filed. I OTN/LiveSca.n Number AFFIDAVIT of PROBABLE CAUSE YOUR AFFJANT IS OFFICER GARY CARVER OF THE NORTH MIDDLETON TOWNSHIP POLICE DEPARTMENT, ON SUNDAY SEPTEMBER 23 2007 AT APPROX. 2036HRS I IMAS DISPATCHED BY CUMBERLAND COUNTY COMMUNICATIONS TO RESPOND TO 101 WILLOW GROVE RD FOR A ACTIVE DOMESTIC. WHILE ENROUTE COUNTY COMMUNICATIONS ADVISED THAT ERIC WERNER WAS ON THE PHONE WITH THEM ADVISING THAT HIS FATHER, SCOTT WERNER AND HIS FATHER'S GIRLFRIEND, NICOLE DETER WERE INVOLVED IN A PHYSICAL ALTERCATION WITH SCOTT WERNER'S EX-WIFE AND FRIC;S MOTHFIR., CHARMAINP Ani IN(-,FR AND HFR HIISRANf) DOUGLAS BOLINGER. ERIC ADVISED THAT HE RAN OUT OF THE RESIDNECE ALONG WITH HIS YOUNGER BROTHER AND WERE STANDING AT TI IE END OF TI lE DRIVEWAY WAIT] NG F'OF; Tl IG POLICE. ERIC WAS RELAYING WHAT HE WAS SEING TO COUNTY WHO WAS INTERN RELAYING THE INI-URMAI ION TO ME. I ARRIVED TO FIND ALL PARTIES HAD SEAPARATED. I SPOKE TO BOTH WERNER AND DETER. WERNER ADVISED THAT HIS EX-WIFE CHARMAINE BOLINGER AND HER HUSBAND CAME TO THE RESIDENCE TO PICK UP THEIR CHILDRENS LUNCH BOX. A VERBAL ALTERCATION ENSUED AT THE FRONT DOOR BETWEEN HE AND CHARMAINE. THE ALTERCATION TURNED PHYSICAL WHEN CHARMAINE STRUCK WERNER OVER THE HEAL) WITH THE LUNCH BOX. WERNER PUSHED HER BACK AND TOLD HER TO LEAVE. AT THAT PIONT CHARMAINE ENTER THE RESIDENCE AND GRABBED DETER WHO WAS INSIDE TRYING TO CALL 911 FOR THE POLICE. CHARMAINE PUSHED DETER OVER A CHAIR IN THE KITCHEN AND BEGAN TO PUNCH HER ABOUT THE BODY. SHE GRABBED DETER'S HAIR AND DRAGGED HER OUTSIDE WHERE SHE CONTINUED TO PUNCH AND BITE HER. DETER WAS ABLE TO GET AWAY AND RUN BACK INTO THE'HOUSE AND CALLED POLICE. AFTER DETER RAN INTO THE HOUSE CHARMAINE THEN TURNED TO WERNER WHO WAS BEING HELD DOWN BY CHARMAINF'S HI I.SRANIh DO Uri ANn RFGAN KICKING HIM IN THE HEAD. SHE THEN PICKED UP A LONG HANDLED CAST IRON MOUNTAIN PIE MAKER AND PUSHED IT INTO WERNER'S THROAT Aa SI IE STOOD OVER HIM AND TOLD HIM THAT SHE WAS GOING TO KILL HIM, WERNER WAS ABLE TO MAKE IT TO HIS KNEES BUT CHARMAINE WAS PULLING HIS HAIR TRYING 'I U KLLP HIM DOWN, AS HE TRYED TO STAND CHARMAINE'S HUSBAND PICK UP THE MOUNTAIN PIE MAKE AND STRUCK HIM ABOUT THE BODY MULTIPLE TIMES CAUSING BODILY INJURY, CHARMAINE CRIMINAL COMPLAINT J Cor>tip AOA/.Incident Number Last: BOLINGER I, PTL. GARY CARVER , BEING DULY SWORN ACCORDING TO THE LAIN', t]FPnsF AND SAY THAT THE FACTS SET FORTH IN THE FO GOING AFFX13AVIT ARE TRUE AND CORRECT TO THE BEST OP MY KNOWLEDGEt INFORMATION A BELIEF ) (Signature of A}fient) Sworn to me and subscribed before me this _ _ _ day of , Date , Magisterial District Jud My commission expires first Monday of January, Thi,s.00cucaeat.Is the roperty of t(ie North Middletor, ?ownshlp gftrte Department, Do of d'issemmale It or Its contents a tside the NMPD without the exp?esseci-cortseht of the originator, AOPC 411C,06 North Middleton Township Colice Depertmen; Use Only t SCOTT J. WERNER IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO: 07-5772 CML TERM CHARMAINE BOLINGER CIVIL ACTION - LAW DEFENDANT PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name is: Charmaine Bolinger Defendant's Date of Birth is: January 7, 1972 Defendant's Social Security Number is: Name(s) of all protected persons, including Plaintiff and minor children: 1. Scott J. Werner Plaintiff is a former spouse of Defendant Defendant was served in accordance with Pa.R.C.P. 1930.4 and provided notice of the time, date and location of the hearing scheduled in this matter. AND NOW, on this LL '-day of , 2007, the court having jurisdiction over the parties and the subject-matter, it is ERED, ADJUDGED AND DECREED as follows: Plaintiff's request for a final protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten or attempt to use physical force that would reasonable be expected to cause bodily injury to the Plaintiff or any other protected person in any place where they might be found. 2. Defendant is completely evicted and excluded from the residence at: 101 Willow Grove Road Carlisle, PA 11013 or any other residence where Plaintiff may live. Plaintiff is granted exclusive possession of the residence. Defendant shahhave no right or privilege to enter or be present on the premises of Plaintiff or any other person protected under this Order. 3. Except as provided in Paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with Plaintiff, either directly or indirectly, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiffs' school, business, or place of employment. EXHIBIT P7 T 4. Except as provided in Paragraph 5 of this Order, Defendant shall not contact Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 5. Custody of the minor children, Erik Scott Werner and Joel Jamison Werner, shall be as follows: Custody shall remain as provided in the August 30, 2007, Order of Court relating to custody; however, all contact between Plaintiff and Defendant regarding custody shall occur utilizing wry. `",Ajaza- ,. cgoo 6. (a). The costs of this action are imposed on the Defendant. (b). Because this order followed a contested proceeding, the Defendant is ordered to pay an additional $100 surcharge to the court, which shall be distributed in the manner set forth in 23 Pa.C.S. 6106(d). 7. Plaintiff is granted leave to present a petition, with appropriate notice to Defendant, to the Court of Common Pleas of Cumberland County requesting recovery of out-of-pocket losses. The petition shall include an exhibit itemizing all claimed out-of-pocket losses, copies of all bills and estimates of repair, and an order scheduling a hearing. No fee shall be required by the prothonotary's office for the filing of this petition. 8. THIS ORDER SUPERSEDES ANY PRIOR PROTECTION FROM ABUSE ORDER. -4t.o o 9. All provisions of this order shall expire in 46-ee years, on OCTOBER 8,' 0. e?CICII? NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT, WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A FAIL SENTENCE OF UP TO SLY MONTHS. 23 Pa.C.S. 5 6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. A VIOLATION OF THIS ORDER MAY RESULT IN THE REVOCATION OF THE SAFEKEEPING PERMIT, WHICH WILL REQUIRE THE IMMEDIATE RELINQUISHMENT OF YOUR FIREARMS, OTHER WEAPONS AND AMMUNITION TO THE SHERIFF. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. § 2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT, 18 U.S.C. 5? 2261-2262. IF YOU POSSESS A FIREARM OR ANY AMMUNITION WHILE THIS ORDER IS IN EFFECT, YOU MAY BE CHARGED WITH A FEDERAL OFFENSE EVEN IF THIS PENNSYLVANIA ORDER DOES NOT EXPRESSLY PROHIBIT YOU FROM POSSESSING FIREARMS OR AMMUNITION. 18 U.S.C. § 922 (g) (8). i f % NOTICE TO SHERIFF, POLICE AND LAW ENFORCEMENT OFFICIALS The police and sheriff who have jurisdiction over Plaintiff's residence OR any location where a violation of this order occurs OR where Defendant my be located, shall enforce this order. The court shall have jurisdiction over any indirect criminal contempt proceeding, either in the county where the violation occurred or where this protective order was entered. An arrest for violation of paragraphs 1 through 7 of this order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police or any sheriff. 23 Pa.C.S. 6113. Subsequent to an arrest, and without the necessity of a warrant, the police officer or sheriff shall seize all firearms, other weapons and ammunition in Defendant's possession that were used or threatened to be used during the violation of the protection order or during prior incidents of abuse. The Cumberland County Sheriff's Department shall maintain possession of the firearms, other weapons or ammunition until further order of this court. When Defendant is placed under arrest for violation of the order, Defendant shall be taken to the appropriate authority or authorities before whom Defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer, sheriff OR Plaintiff. Plaintiff's presence and signature are not required to file this complaint. If sufficient grounds for violation of this order are alleged, Defendant shall be arraigned, bond set, if appropriate and both parties given notice of the date of hearing. BY THE COURT: F Award E. Guido, Judge Date Distribution to: Kara W. Haggerty, Esquire James Nealon, Esquire Prothonotary for service on the Pennsylvania State Police Cumberland County Sheriff's Office North Middleton Township Police Department (Plaintiff's Residence) TRUE Cj00PY FROM RECORU in Tastlmouy whereof, i here unto set my band and ifs of said Court at Carlisle. Pa i=E da ?- "onots NIP # 08-003115 COMPLAINT NUMBER -> 08-003115 COMPLAINT REPORT ,777 `?!?1F P, 002 Page No. 1 07/11/2008 Received by: DANNY FIBER Date/Time received: 07/09/2008 @ 20:32 How received: RADIO DISPATCH Time dispatched: 20:30 Time arrived: 20:45 Time cleared! 21:20 COMPLAINANT -> SCOTT WERNER Address: 101 WILLOW GROVE ROAD City: CARLISLE State: PA Zip: 17013 Phone: (717) 514-5332 TYPE OF COMPLAINT -> ASSAULT/SIMPLE Nature of REPORTED SONS ROAD BIKES TO HIS HOUSE AFTER BEING ASSAULTED complaint BY CHARMAINES BOYFRIEND DAVID TEATS 10/20/71. WERE GRABBED AND PUSHED BY TRIM AT THE REQUEST OF THEIR MOM. KELLY FROM CYS ADVISED FOR MEETING ON 10TH. WILL FOLLOW UP. How handled: officer dispatched Location code: ZONE2 Location dispatched: 101 WILLOW GROVE ROAD Officer dispatched: DANNY FIBER TIME ANALYSIS Queue time <ti.me received to dispatched> - 1438 minutes Travel time <time dispatched to arrived> = 15 minutes Response time <time received to arrived> - 13 minutes Action time <time arrived to cleared> - 35 minutes EXHIBIT ti $ 08-003115 INCIDENT REPORT FhY M1!? ?? . 22 p npq Page No. 1 07/11/2008 JMFENILE ASSAULT X2 Date occurred: 07/09/2008 to 07/09/2008 Date reported: 07/09/2008 S Time occurred: 20:00 to 20:00 Time reported: 20:30 T Jurisdiction: 21208 A Officer dispatched: DANNY FIBER T Reviewed by: Date reviewed: U S Cleared by: Not applicable Date cleared: 07/09/2008 Case status: Under investigation Date closed; 07/09/2008 Offense code: CC2701A1...SIMPLE ASSAULT 0 Nature of offense: ASSAULTED ERIC F F Circumstance: Completed Location: 1975 FRY LOOP AVENUE E Unfounded? NO Date: Location code: ZONE 2 N Bias motivation: None (No bias) Location type: Residence or home S E Alcohol Consumed? YES Drug/Narcotic? NO Premises entered: Computer equipment used? NO Forced entry? Abandoned? Weapon/Force: Hands,fists,feet,etc Offense code: CC2701A1...SIMPLE ASSAULT O Nature of offense: ASSAULTED KYLE F F Circumstance: Completed Location: 1975 FRY LOOP AVENUE E Unfounded? Date: Location code: ZONE 2 N Bias motivation: None (No bias) Location type: Residence or home S E Alcohol consumed? YES Drug/Narcotic? NO Premises entered: Computer equipment used? NO Forced entry? Abandoned? weapon/Force: Hands,fists,feet,etc DAVID ETIGENE TEATS DOB: 10/20/1971 Age at incident: 36 S 22 W BALTIMORE ST APT 1 Se.X: M Race: WHI Ethnicity: NONH U CARLISLE, PA 17013 Height: 5108" Weight: lbs. Q. SSN: 201-54-0648 P E interviewed? YES Statement taken? No C T Citations issued? N0 Warrants issued? NO KYLE WERNER V 101 WILLOW GROVE ROAD I CARLISLE, PA 17013 C (717) 514-5332 T T M Hospital: Transported by: injury type: Complaint of pain Hair color: Eye color: Blue Build: Medium or average complexion; DOB: 04/16/1996 Age at incident: 12 Sex: M Race: WHI Ethnicity: NONH SSN: - - Interviewed? YES Statement taken? NO Resident? YES Doctor: Related offensea: CC2701AI _ Relationship to DAVID EUGENE TEATS: No relationship If ?InQ v ## 08-003115 INCIDENT REPORT JUVENILE ASSAULT X2 p nn? Page No. 2 07/11/2008 ERIC WERNER ** DOB: 10/15/1993 Age at incident: 14 V 101 WILLOW GROVE ROAD Sex: M Race: WEI Ethnicity: NONH I CARLISLE, PA 17013 SSN: - C (717) 514-5332 Interviewed? YES T Statement taken.? NO Resident? YES I M Hospital: Doctor: Transported by: Injury type: Complaint of pain; BRUISES Related offenses: CC2701A1 Relationship to DAVID EUGENE TEATS: No relationship P SCOTT JAMES WERNER Association: Parent E 101 WILLOW GROVE ROAD DOB: 04/14/1971 Age at incident: 37 R CARLISLE, PA 17013 Sex: M Race: WHI Ethnicity: NONH S (717) 249-8344 SSN: 191-50-8489 0 N Interviewed? YES Statement taken? NO P CHARMAINE BOLINGER Association: Parent E 1974 FRY LOOP AVENUE DOB: 01/07/1972 Age at incident: 36 R CARLISLE, PA 17013 Sex: F Race: WHI Ethnicity: NONH S (717) 258-4018 SSN: 183-64-2577 0 N Interviewed? YES Statement taken.? NO Y7 o Sequence: 01 INCIDENT SUPPLEMENTAL REPORT Page No. 1 07/11./2008 408-003115 JUVENILE ASSAULT X2 Reported by: DANNY FIBER Date reported: 07/09/2008 Reviewed by: JEFFREY RUDOLPH Date reviewed: 07/10/2008 on the above date, Affiant was on duty, in full uniform and operating unmarked patrol vehicle #8. At or about 20:10hrs County Control advised of a possible runaway incident at 1975 Fry Loop Avenue. Upon Arrival, Affiant was met by.Charmaine Bollenger who is known to Affiant. Bollenger stated her two sons ages 12 and 14 were involved in an argument with her and her boyfriend about them taking showers and that after the dispute, both sons named Kyle and Eric fled the house on their bikes. She stated there area medicated and she thought they may be in danger. Affiant did advise her that an area check would take place. Upon leaving the residence, Affiant was contacted by County control who advised they received a call from Scott Werner at 101 Willow Grove Road. Werner is known by Affiant as Bollengers ex-husband and the father of the 2 children. Affiant responded to his residence and upon arrival, was advised by him that the two boys rode their bikes to his house. Upon arrival at the house, they explained that the argument with Charmaine and her boyfriend was physical in nature. Affiant was advised by Eric that the boyfriend who he refered to as David had grabbed him behind the neck and grabbed his hair with the other hand and began to push him. Kyle stated he tried to help his brother and was grabbed on the right shoulder by David and pushed into a cabinet. Eric stated David then let him go. Both boys stated shortly after that they fled to their fathers house. Eric stated he had a lump on the top of his head and his neck did hurt. Kyle stated his right shoulder did hurt as well. Affiant contacted Kelly Miller from Children and Youth Services who stated the kids are not to return to the Sollenger residence until further notice and a follow meeting with the kids would take place on the 10th. Affiant returned to Ballenger and advised her of the situation. Affiant spoke to the boyfriend who stated his name was David Teats with a date of birth of 10/20/1971. Teats stated he was in fact residing with Ballenger. Affiant did return to the station and prepair this report. To be continued. o, # 08--003112 COMPLAINT REPORT Page No. 1 07/11/2008 COMPLAINT NUMBER -> 08-003112 Received by: DANNY FIBER Date/Time received: 07/09/2008 Q 20:10 How received: RADIO DISPATCH Time dispatched: 20:10 Time arrived: 20:20 Time cleared: 20:30 COMPLAINANT -> CHARMAINE BOLLENGER Address: 1975 FRY LOOP AVENUE City: CARLISLE State: PA Zip: 17013 Phone: (717 TYPE OF COMPLAINT -> MISSING PERSON Nature of REPORTED HER TWO SONS MISSING. UPON ARRIVAL ADVISED THEY complaint WERE UPSET ABOUT HAVING TO TAKE A SHOWER. AFTER NEXT COMPLAINT, RETURNED AND ADVISED HER CHILDREN AND YOUTH WOULD BE FOLLOWING UP ON THE INCIDENT. NO FURTHER ACTION. How handled: Officer dispatched Location code: ZONE3 Location dispatched: 1975 FRY LOOP AVENUE Officer dispatched: DANNY FIBER TIME ANALYSIS Queue time <time received to dispatched> = 0 minutes Travel time <time dispatched to arrived> = 10 minutes Response time <time received to arrived> - 10 minutes Action time <time arrived to cleared> = 10 minutes I -A y ? COMMONWEALTH OF F2NN9YLVA2ZA =A mnm w n' NON-TRAPPIC CrrA-ZONP 6 4 8 6 8 7 6- 6 'r 4 0 6 4 8 L.A111 P MOllpypWQ Pnk 2260 3 P1tING ROAD-M 3 CARLI9L7= PA 1 7015 ? ? P? ,. P?pi.S IBPi • Nif ?m r)AVl; O E. TEATS 1974 FRY L OOP AVENDE GAPL:t6L1:,,, PA 17013 4 Mrr1Yr . A*r (lc?q D Wepanm Kob-a LL rY 1, U?LMsfdant p; 0 h6 ? nbn rmmt awwn mos 01 D NOW Amafoan u ? wJn.vu W mkMn !Fl ? rz ml. ?frm" urim"m It r.m rri. o v.. a vP. P•• ? ow ady Z..h ! O c*o w Tarp- ? Thft d fnbn ? *M mw womm HRg11Nit ? ru* DnRllwr4m ? Saneki0 RWOW u Flotg 7W ? "No. om u vkn. P4roeeti0, ei Trv,?PUien d l+wrv M1l.lf ar Bn,r?r! h.rPUp.a Q oowr r. xq.. r K ?. v.. EFENDANT DID WITH INTENT CO le RASE, ANNOY OR ALARM, DID SHOVE VICT ' lA) WIT: DID GRAB VICTIM BY NECK AND USE INTO FUMITURE. ?s y 10.00 m. ??ewMrwM[w,?a TOTAL DO 4 7 9108 X0:0 D DDLE O1J Tim, 1974 FRY LOOP AVXN= BETZLAND B X FILED 7 22/08 `"" „ , Kid. M`py qtl waL V kf•kk19 IF-mm 440 mwon wam bramo1 Mo1lPrln? ? carom-emammvR . 1 - 61 0 PI?QMroo -?--?? .ar 2031 SPRING ROAD CARLISLE PA 17013 LLPrOC N Ywq?q rm.w. Y ,,,,,?,,,,, ?..? ?.,,..?„ 08-003115 ERIC WERNER 10 15 93 M WHT/NONH 101 W2LL09? GAOVE ROAD 249-8344 SEE ATTACHED CITATION. IE NO PINE LISTED, CONrACr DISTRICT MA(gISTRATE FOR A OUNT D75rk7CT AiAGISM7'E' S TEL, rf ( M 218-5250 P 6 4 8 6 8 7 8. 6 ...a,.. q, W 0, /1 17 17 D n X12 n was a C.fNu1UrYAlmn AT ru nu mnwma? N'ON-TRAFFIC QTATIONP 6 4 8 6 817 - 35 09-2-07 1 aol 2260 SPRINO ROAD-STE 3 CARLTSLE AA 1 a73 Y? PA DAVZD -E. TRZLTq 1974 FRY LOOP 21VrMTF r-ART,T_qT.z ?A 17011 ^A^ 1 (b) ? Aftn (9) Z3 mm* (H) C2 Homi ? MOM Ae tM ? wmwrn 16 e. 00 taste P1 o rrnol. , 11.D?M Q?} NNrQAU! 7 U / 1 '?lip Q(wrFWtwuem 1M C3 Narne 1 012 Oi NIesVAmN momaemme ? rm D 7. `?. O dem W omm,x ? CNniw TNepeee ? TM.e F e.? o one ?r Am l w D HLTNMW iYrfiYrf 0 PW&owOwem ? amftl Flubbiah ? a..S ?¦+,o?+, oo..Mn «TnnaooRAtion ad L1aor a Mek a Bnfwee 9me?eees ? a?.r 81"ENDANT DID WITH INTENT TO' SS, ANNOY OR ALARM, -DID Mill VICTI O WIT: DzD.GRAB VICTIM! BY SHOULDER USE 10.00 ?u?. TIWAL oua /08 20:00 LEMN MP. S >. wsr 974 FRY LOOP AVENUE TMERLAWD X PILED 7/22/08 ? z-m .w.ww iGl ?y fOR75AC iIWImI'. ?`Mw?YrMnY Tk.s?MY.n b?alswi?MMN /dM.elbaYii tl04 2610 2051 SPRING ROAD CARLISLE PA 170]3 IM'iSb3115 KYLE WERNER Y?roam ¢eu a 4/1b/9b ?1 aroccm?l Way-NONx w.ramca®IrcuAwa?.muY? 101 WILLOW GROVE ROAD ?.? 249-8366 a. ?? spna ?a IF NO FINE LISTED, CONTACT 9ISnICT WISTRATE FOR MOAT 9IS712ICT YAKSrnMrE'S -TL_ #(117)211-5250 p 6 4 8 6 8 7 l- 5 .,.?.,w, berla $# 08-003593 COMPLAINT NUMBER -> 08-003593 Received by: GARY CARVER COMPLAINT REPORT Page No. 1 08/07/2008 Date/Time received: 08/06/2008 @ 18:45 How received: RADIO DISPATCH Time dispatched: 18:45 Time arrived: 19:00 COMPLAINANT -> SCOTT WERNER Address: 101 WILLOW GROVE RD City: CARLISLE State: PA Zip: 17013 Time cleared: Phone: (717) 514-5332 TYPE OF COMPLAINT -> DOMESTIC Nature of REQUESTED I CHECK WELFARE OF HIS SON JOEL AT HIS MOTHER'S complaint 1974 FRYLOOP AVE BECAUSE OF ALTERCATION BETWEEN MOTHER CHARMAINE BOLINGER AND SON ERIC. ERIC REPORTED BEING PHYSICL ASSAULTED BY MOTHER. BOLINGER ARRESTED FOR DOMESTIC ASSAULT. How handled: Officer visit Location code: ZONES Location dispatched: 1974 FRYLOOP AVE Officer dispatched: GARY CARVER TIME ANALYSIS Queue time <time received to dispatched> = 0 minutes Travel time <time dispatched to arrived> = 15 minutes Response time <time received to arrived> = 15 minutes Action time <time arrived to cleared> = 0 minutes Thin dooument i? th° property of the North Middleton Township Police Department. Do not disseminate it or its contents outside the NMPD ,,Athout the expressed consent of the originator. EXHIBIT iA # 08-003593 INCIDENT REPORT Page No. 1 08/07/2008 CHARMAINE BOLINGER ARRESTED FOR DOMESTIC ASSAULT AGAINST SON Date occurred: 08/06/2008 to 08/06/2008 Date reported: 08/06/2008 S Time occurred: 18:30 to 18:30 Time reported: 18:45 Jurisdiction: 21208 T A T U S 0 F F E N S E Arrest(NON-TRAFFIC): GARY CARVER Reviewed by: Date reviewed: Cleared by: Physical arrest Date cleared: 08/06/2008 Case status: Closed Date closed: 08/06/2008 Offense code: CC2701...SIMPLE ASSAULT Nature of offense: DEF SLAMMED VICTIMS HEAD INTO WINDOW. Circumstance: Completed Location: 1974 FRYLOOP AVE Unfounded? NO Date: Location code: ZONE 3 Bias motivation: None (No bias) Location type: Residence or home Alcohol consumed? NO Drug/Narcotic? NO Premises entered: Computer equipment used? NO Forced entry? Abandoned? Weapon/Force: Hands,fists,feet,etc 0 F F E N S E S U S P E C T Offense code: CC2709 ... HARASSMENT Nature of offense: DEF GRABBED PUSHED SHOVED VICTIM Circumstance: Completed Location: 1974 FRYLOOP AVE Unfounded? NO Date: Location code: ZONE 3 Bias motivation: None (No bias) Location type: Residence or home Alcohol consumed? NO Drug/Narcotic? NO Premises entered: Computer equipment used? NO Forced entry? Abandoned? CHARMAINE BOLINGER 1974 FRY LOOP AVENUE CARLISLE, PA 17013 (717) 258-4018 DOB: 01/07/1972 Age at incident: 36 Sex: F Race: WHI Ethnicity: NONH Height: 5108" Weight: 140 lbs. SSN: 183-64-2577 Interviewed? NO Statement taken? NO Hair color: Blond or strawberry Eye color: Blue Citations issued? NO Build: Medium or average Warrants issued? NO Complexion: Fair MO/Comments: DOMESTIC ASSAULT AGAINST SON ERIC CHARMAINE BOLINGER A R R E S T Date of arrest: 08/06/2008 Arrest type: Taken into Location: 1974 FRYLOOP Location code: ZONE 3 Booking station: Carlis Condition prisoner: Nor Arrest disposition: OTN: @ 20:50 Info cnt is thed v7T Middleton WfsA h' e flop&trlr"e?t en D?nc disse i1 tc- it or its contents 8ift€re NIr itR Ig expressed copse^t of ,`h.Qtlart: of charge? YES of rights? NO ck? YES ? YES umber: 03-556 ident(s) cleared? NO isposition: Arrest(NON-TRAFFIC): GARY CARVER North Middleton Township This document is the property of th@ North Middleton Township P01100 Department. Do not disseminate it or its contents outside the NMPD without the expressed consent of the originator. # 08-003593 INCIDENT REPORT Page No. 2 08/07/2008 CHARMAINE BOLINGER ARRESTED FOR DOMESTIC ASSAULT AGAINST SON ERIC WERNER ** DOB: 10/15/1993 Age at incident: 14 V 101 WILLOW GROVE ROAD Sex: M Race: WHI Ethnicity: NONH I CARLISLE, PA 17013 SSN: - - C (717) 514-5332 Interviewed? YES T Statement taken? YES Resident? YES I M Hospital: Doctor: N/A Transported by: Injury type: BRUISES; Complaint of pain; Lacerations Comments: ASSAULTED BY MOTHER CHARMAINE BOLINGER Related offenses: CC2701; CC2709 Relationship to CHARMAINE BOLINGER: Child Thia document is the property of the North Middleton Township Police Department. Do not disseminate it or its contents outside the NMPD without the expressed consent of the originator. Sequence: 01 INCIDENT SUPPLEMENTAL REPORT 0Page 8/07/o. 1 08 #08-003593CHARMAINE BOLINGER ARRESTED FOR DOMESTIC ASSAULT AGAINST SON Reported by: GARY CARVER Date reported: 08/06/2008 Reviewed by: Date reviewed: ON WEDNESDAY AUGUST 6 2008 AT APPROX 1845HRS I RECEIVED A PHONE CALL FROM SCOTT WERNER. HE REQUESTED I MEET NICOLE DETER HIS GIRLFRIEND IN FRONT OF THE STATION REFERENCE TO A WELFARE CHECK OF HIS SON JOEL WERNER WHO WAS IN THE CUSTODY OF THEIR MOTHER CHARMAINE BOLINGER.SCOTT WAS CALLING FROM OUT OF THE AREA. NICOLE DETER ARRIVED AT THE STATION AND ADVISED THAT SCOTT'S OTHER SON ERIC HAD LEFT THE CUSTODY OF THEIR MOTHER AFTER SHE ASSAULTED HIM. ERIC LEFT AND WALKED TO THE POLICE STATION. NOT FINDING AN OFFICER ON STATION HE CALLED HIS FATHER WHO HAD A FRIEND PICK HIM UP. I ADVISED DETER TO GO PICK ERIC UP AND BRING HIM BACK TO THE STATION SO I COULD SPEAK TO HIM WHILE I CHECKED THE WELFARE OF JOEL. I ARRIVED AT CHARMAINE BOLINGERS RESIDENCE AT APPROX 1350HRS WHERE I FOUND APPROX 4 MALE JUVENILES OUTSIDE. AS I WALKED UP THE DRIVEWAY I SAW JOEL STANDING IN THE GARAGE ALL ALONE. IT APPEARED THAT HE HAD BEEN CRYING BECAUSE HIS FACE WAS FLUSHED AND EYES HAD TEARS IN THEM. I ASKED IF HE WAS OK. HE STATED HE DID NOT WANT TO BE THERE, THAT HE WANTED TO GO HOME TO HIS FATHERS HOUSE. I ASKED HIM IF HE WAS INJURED. HE STATED NO. AS I WAS SPEAKING TO JOEL CHARMAINE BOLINGER HIS MOTHER AND DAVID TEATS CAME OUT OF THE RESIDENCE. I ASKED BOLINGER WHAT HAPPENED TO ERIC. SHE ADVISED ERIC WAS OUT OF CONTROL BECUASE HE HAD NOT HAD HIS MEDS BECAUSE HIS FATHER WOULD NOT BRING THEM.I ASKED HER WHAT HAPPENED. SHE STATED ERIC BECAME ANGRY AND THREW A JEWELRY BOX THAT WAS IN HER BEDROOM. I ASKED WHAT SHE DID TO HIM. SHE STATED SHE DID NOT TOUCH ERIC. JOEL WHO WAS LISTENING STATED "NO MOM YOU PUSHED HIS HEAD INTO A WALL" BOLINGER LOOKED AT JOEL AND STATED "I DID NOT" I ADVISED HER THAT ERIC WAS AT THE STATION AND THAT I WOULD BE IN CONTACT WITH HER. JOEL WAS LEFT IN THE CUSTODY OF HIS MOTHER. I ARRIVED ON STATION WHERE DETER AND ERIC WERNER WHERE WAITING. I ASKED ERIC WHAT OCCURRED AT HIS MOTHERS HOUSE TODAY AT ABOUT 1730HRS. HE STATED SHE "WENT OFF" I ASKED HOW. HE ADVISED THAT HE WAS PLAYING VIDEO GAMES IN THE BASEMENT WITH OTHER KIDS WHEN HIS MOTHER CALLED HIM UP. WHEN HE GOT UPSTAIRS SHE GRABBED HIM BY THE HAND AND PULLED HIM INTO HER BEDROOM. SHE GRABBED HIM ON HEAD BY HIS HAIR USING BOTH HANDS AND SLAMMED HIS HEAD INTO A WINDOW THEN ATTEMPTED TO DO IT AGAIN WHEN HE STATED HE BECAME ANGRY AND THREW A JEWELRY BOX. ERIC STATED WHILE THIS WAS OCCURRING HER BOYFRIEND TEATS WAS WATCHING. AT THIS PIONT SHE LET GO AND TOLD HIM TO PICK UP THE JEWELRY THAT FELL OUT. HE STATED HE WALKED INTO THE GARAGE AND WALKED AROUND FOR A COUPLE OF MINUTES THEN DECIDED TO LEAVE. HE WALKED TO THE POLICE STATION BUT WAS UNABLE TO FIND A POLICE OFFICER. HE THEN CALLED HIS FATHER WHO HAD HIS FRIEND PICK HIM UP. I OBSERVED THREE SMALL LACERATIONS ON THE TOP OF ERIC'S HEAD ALONG WITH TWO BRUISES ONE WHERE THE LACERATIONS C NC d*-6 n a property of ONE TOWARDS THE FRONT OF HIS FOREHEAD. ERIC STATED THthe North Middleton Township LACERATIONS WERE FROM HIS MOTHERS FINGERNAILS WHEN SHE G iWbepertment, HIM. I ALSO OBSERVED A SMALL LACERATION ON THE SIDE M rj€diSyeN%te it or its contents WHICH HE STATED WAS ALSO FROM HIS MOTHERS FINGERNA LS oVgW tl MPD without the GRABBED HIS HAND. ERIC THEN REACHED INTO HIS PANTS [IWK4s dI6??ent of the originator Sequence: 01 INCIDENT SUPPLEMENTAL REPORT Page No. 2 08/07/2008 #08-003593CHARMAINE BOLINGER ARRESTED FOR DOMESTIC ASSAULT AGAINST SON GRABBED HIS HEAD. I TOOK THE PLASTIC BAG CONTAINING THE HAIR FOR EVIDENCE. I TOOK SEVERAL PHOTOS OF THE BUISES AND LACERATIONS ON ERIC'S HEAD AND HAND. ERIC COMPLETED AND SIGNED A WRITTEN STATEMNT AS TO THE ABOVE DESCRIBED INCIDENT. I CALLED CCCY AND SPOKE TO THE ON CALL CASE WORKER. I ADVISED OF THE SITUATION WITH THE REPORTED ASSAULT ON ERIC AND THAT JOEL WAS STILL IN HER CUSTODY. SHE ADVISED SHE WOULD CALL BOLINGER THEN CALL ME BACK. SHE CALLED BACK A SHORT TIME LATER AND STATED BOLINGER DENIED THE ALLEGATIONS AND TOLD HER THAT ERIC WAS OUT OF CONTROL BECAUSE HE DID NOT HAVE HIS MEDICATIONS BECAUSE HIS FATHER DID NOT DROP THEM OFF. THE CASE WORKER ADVISED ME SHE WOULD HAVE THE CASE WORKER HANDLING THE CASE FOLLOW UP THE FIRST THING IN THE AM. JOEL WAS TO REMAIN WITH HER. I CONTACTED THE ON CALL ADA (JAMIE KEATING) AND ADVISED HIM OF THE ABOVE INCIDENT. HE GAVE THE OK FOR THE DOMETIC ASSAULT CHARGES AGAINST HER AND TOLD ME TO PICK HER UP. I ARRIVED AT 1974 FRYLOOP AVE AT 2039HRS AND TOOK CHAMIANE BOLINGER INTO CUSTODY FOR THE CHARGE CC2701(A)(1) SIMPLE ASSAULT AND CC2709(A)(1) HARASSMENT WITHOUT A WARRANT AS PER THE DOMESTIC VIOLENCE ACT. WHILE OUT AT THAT ADDRESS I DID OBSERVE THE JEWELRY BOX THAT ERIC STATED HE THREW. IT WAS LAYING ON TOP OF A BED IN BOLINGERS BEDROOM.I CALLED SCOTT WERNER THE FATHER OF JOEL TO RESPOND AND TAKE CUSTODY OF HIM BECUASE OF THE ARREST OF HIS MOTHER. AT 2050HRS I STARTED THE TRANSPORT TO CCP STARTING MILAGE 87047.1 I ARRIVED AT CCP AT 2057HRS ENDING MILAGE 87050.7. This documet- is the property of the North Middleton Township Police Department. Do not disseminate it or its contents outside the NMPD without the expressed consent of the originator. aw¦ a ?a?? COMMONWEALTH OF PENNSYLVANIA IrVL1L r_ LoM11v111V1ALL %..V1.1rLA.L114 COUNTY OF: Cumberland COMMONWEALTH OF PENNSYLVANIA VS. Magisterial District Number: 09- 2-01 DEFENDANT: (NA ME a n d A DDRESS)., MDJ: Hon. Paula P. Correal CHARMAINE BOLINGER _ First Name Middle Name Last Name Gen. Address: 2260 Spring Road, Suite 3 x1974 FRYLOOP AVE Carlisle, PA 17013 Telephone: (717 ) 218-5250 CARLISLE PA 17013 1 L NCIC Extradition Code Type ? 1-Felony Full 4-Felony No Ext. B-Misdemeanor Limited ? E-Misdemeanor Pending ? 2-Felony Ltd. ? 5-Felony Pend. ? C-Misdemeanor Surrounding States ? 3-Felony Surrounding States ? A-Misdemeanor Full ? D-Misdemeanor No Extradition ? Distance: DEFENDANT IDENTIFICATION INFORMATION RACE ETHNICITY Docket Number Date Fled OTN/LiveScan Number Complaint/Incident Number White ? Hispanic / 08-003593 ? Asian X Non- DOB 01 / 07 1972 POB Hispanic ? Black ? Unknown Add'I. DOB SSN 183 - 64 - 2577 Add'I SSN - - ? Native GENDER First Name Middle Name Last Name AKA Gen. American ? Male ? Unknown 11 Female HAIR COLOR ? GRY (Gray) ? RED (Red/Aubn.) EYE COLOR ? BLK (Black) ? ONG (Orange) 0 BLN (Blonde / ? GRN (Green) ? PNK (Pink) SID` 206-76-36-1 ? BLU (Blue) ? PLE (Purple) Strawberry) ? BLK (Black) ? GRY (Gray) ? MUL ? SRO (Brown) ? Whit ? WHI 19 BLU (Blue) ? HZL (Hazel) (Multicolored ) t L b S i R ? ( e) PNK Pink a erv ces eques QYESQ N ? GRN (Green) ? SDY (Sandy) ? XXX Unk./Bald ? BRO (Brown) ? MAR (Maroon)? UNK (Unknown) Driver License State PA License Number 23130372 Expires: 01 / 08 / 2010 WEIGHT (lbs.) DNA ? YES ? NO DNA Location 140 FBI Number MNU Number Ft HEIGHT.In. Fingerprint Classification: 5 9 DEFENDANT VEHICLE INFO RMATION Plate # State Hazmat Registration Comm'I Veh. School Oth. NCIC ? Sticker (MM/YY) Ind. ? Veh. ? Veh. Code VIN Year Make Model Style Color Office of the attorney for the Commonwealth ? Approved ? Disapproved because: (The attorney for the Commonwealth may require that the complaint, arrest warrant affidavit, or both be approved by the attomey for the Commonwealth prior to filing. See Pa.R.Crim.P. 507). (Name of the attorney for the Commonwealth-Please Print or Type) Signa ICI I PTL GARY CARVER the Nor1h Mid eto (Name of the Affiant-Please Print or Type) Police a rl of North Middleton Township Police Department Do not disseminate it 1. ? I accuse the defendant whose name and popular designation or nickname are unknown to me and whom I have therefore designated as John Doe or Jane Doe with violating the penal laws of the Commonwealth of Pennsylvania at [ 208 North Middleton Township 1974 FRYLOOP AVE (Subdivision Code) (Place-Political Subdivision) in Cumberland do hereby state: (check appropriate box) I expressed consent of the originator. I accuse the above named defendant who lives at the address set forth above ? I accuse the defendant whose name is unknown to me but who is described as County [ 21 on or about WEDNESDAY AUGUST 6 2008 @ 1730 (County Code) Ili ZZ - - ' North Middleton Township Police Department Use Only Page 1 of 3 POLICE CRIMINAL COMPLAINT Docket Number: Date Filed: - OTN/LiveSCan Number Complaint/ Incident Number 7 1 08-003593 First: Middle: Last: Defendant Name CHARMAINE BOUNGER The acts committed by the accused are described below with each Act of Assembly or statute violated, if appropriate : (Set forth a brief summary of the facts sufficient to advise the defendant of the nature of the offense(s) charged. A citation to the statute(s) violated, without more, is not sufficient. In a summary case, you must cite the specific section(s) and subsection(s) of the statute(s) or ordinance(s) allegedly violated.) Inchoate ? Attempt ? Solicitation Conspiracy ? Al ? A2 ? B ? Permitting (Title 75 Only) Offense 18 901 A 18 902 A 18 903 (Engaging) (Aiding) (Knowledge) 75 1575 A ? 1 2701 A-1 of the 18 1 M2 1313 Lead? Offense # Section Subsection PA Statute (Title) Counts Grade NCIC R/NIBRS Code PennDOT Data Accident (if applicable) Number ? Safety Zone ? Work Zone Acts of the accused associated with this Offense: SIMPLE ASSAULT: Defendant did attempts to cause or intentionally, knowingly or recklessly causes bodily injury to another; one Eric Warner (14), in that she grabbed him by his hair with both hands and pushed his head into a window. Inchoate ? Attempt ? Solicitation Conspiracy ? Al ? A2 ? B ? Permitting (Title 75 Only) Offense 18 901 A 18 902 A 18 903 (Engaging) (Aiding) (Knowledge) 75 1575 A ? 2 2709 A-1 of the 18 1 SUMM Lead? Offense # Section Subsection PA Statute (Title) Counts Grade NCIC Offense Code UCR/NIBRS Code PennDOT Data Accident (if applicable) Number El Safety Zone ? Work Zone Acts of the accused associated with this Offense: HARASSMENT: Defendant did with the intent to harass, annoy or alarm another, did strike, shove, kick or otherwise subject the person to physical contact, or attempts, or threatens to do the same. Defendant did grab the hair of one Eric Werner (14) with both hands and push his head into a window. Inchoate ? Attempt ? Solicitation Conspiracy ? Al ? A2 ? B ? Permitting (Title 75 Only) Offense 18 901 A 18 902 A 18 903 (Engaging) (Aiding) (Knowledge) 75 1575 A Le of the Offense # Section Subsection PA Statute (Title) Counts Grade NCIC Offense Code UCR/NIBRS Code PennDOT Data Accident (if applicable) Number ? Safety Zone ? Work Zone Acts of the accused associated with this Offense: This document is the property of the North Middleton Township Police Department, Do not disseminate it or its Contents outside the NMPD without the expressed consent of the originator. - -' North Middleton Township Police Department Use Only Page 2 of 3 POLICE CRIMINAL COMPLAINT Docket Number: Date Filed: 1 1 OTN/LiveScan Number Complaint/ Incident Number 08-003593 Defendant Name First: CHARMAINE - Middle: Last: BOLINGER 2. I ask that a warrant of arrest or a summons be issued and that the defendant be required to answer the charges I have made. 3. I verify that the facts set forth in this complaint are true and correct to the best of my knowledge or information and belief. This verification is made subject to the penalties of Section 4904 of the Crimes Code (18 PA.C.S.§4904) relating to unsworn falsification to authorities. 4. This complaint is comprised of the preceding Page, as well as the attached pages that follow, numbered through 3 specifying offenses and Participants, if any. The acts committed by the accused, as listed and hereafter, were against the peace and dignity of the Commonwealth of Pennsylvania and were contrary to the Act(s) of the Assembly, or in violation of the statutes cited. (Before a warrant of arrest can be issued, an affidavit of probable cause must be completed, sworn to before the issuing authority, and attached.) 7 (SigftreV Affiant) AND NOW, on this date An affidavit of probable cause must be completed before a warrant can be issued. (Magisterial District Court Number) (Issuing Authority) Thi€ document is the property of tho Norlh Middleton Township Police Department. Do not disseminate it or its contents outside the NMPD without the expressed consent of the originator. I certify that the complaint has been properly completed and verified. North Middleton Township Police Department Use Only Page 3 of 3 t CRIMINAL COMPLAINT Docket Number: Date Filed: OTN/LiveScan Number Complaint/ Incident Number 08-003593 First: Middle: Last: Defendant Name CHARMIANE BOLINGER AFFIDAVIT of PROBABLE CAUSE YOUR AFFIANT IS OFFICER GARY CARVER OF THE NORTH MIDDLETON TOWNSHIP POLICE DEPARTMENT. ON WEDNESDAY AUGUST 6TH 2008 AT APPROXIMATELY 1845HRS I WAS DISPATCHED TO RESPOND BACK TO THE NORTH MIDDLETON TOWNSHIP POLICE STATION TO MEET ERIC WERNER AGE 14 IN REFERENCE TO AN ASSAULT. I ARRIVED AT THE STATION AND SPOKE TO ERIC WHO ADVISED THAT HIS MOTHER, CHARMIANE BOLINGER ASSAULTED HIM AT APPROX 1730HRS THIS DATE AT HER RESIDENCE OF 1974 FRYLOOP AVE. HE ADVISED THAT WHILE HE WAS PLAYING A VIDEO GAME IN THE BASEMENT HIS MOTHER CALLED HIM UP TO FIRST FLOOR. WHEN HE WENT UP HE ADVISED SHE GRABBED HIM BY THE HAND AND DRAGGED HIM INTO HER BEDROOM. ONCE IN THE BEDROOM SHE GRABBED HIM BY THE HAIR ONTOP OF HIS HEAD WITH BOTH HANDS AND SLAMMED HIS HEAD INTO A WINDOW. SHE ATTEMPTED THIS A SECOND TIME BUT HE WAS ABLE TO GRAB A JEWELRY BOX AND KNOCK IT OVER AT WHICH PIONT SHE LET GO. HE WAS ABLE TO LEAVE THE RESIDENCE AND GO TO THE POLICE DEPARTMENT WHERE HE CALLED HIS FATHER. I OBSERVED THREE SMALL LACERATION ON TOP OF ERIC'S HEAD ALONG WITH TWO RECENT BRUISES. ONE BRUISE IN THE AREA OF THE LACERATIONS AND ONE TOWARDS THE FRONT OF HIS HEAD. ERIC ADVISED THAT THE SMALL LACERATIONS WERE FROM HIS MOTHERS FINGERNAILS. I ALSO OBSERVED A SMALL LACERATION ON THE SIDE OF ERIC'S HAND WHERE HIS MOTHER HAD GRABBED HIM. ERIC PULLED OUT A SMALL PLASTIC BAG FROM HIS PANTS POCKET THAT CONTAINED A SMALL AMOUNT OF HAIR. HE ADVISED THIS WAS SOME OF THE HAIR THAT WAS PULLED OUT OF HIS HEAD WHEN HIS MOTHER GRABBED HIM. I ARRESTED CHARMAINE BOLINGER FOR SIMPLE ASSAULT AND HARASSMENT WITHOUT A WARRANT AS PER AUTHORITY FROM PA CC SECTION 2711 PROBABLE CAUSE ARRESTS IN DOMESTIC VIOLENCE CASES. I, PTL GARY CARVER . BEING DULY SWORN ACCORDING TO THE LAW, DEPOSE AND SAY THAT THE FACTS SET FORTH IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATICA AND BEIJEF. Sworn to me and subscribed before me this day of Date My commission expires first Monday of January, North Middleton Township (Signature of Affiant) , Magisterial District Judge This document is the property of the North Middleton Township Police 06Pattment. Do not disseminate it or its contents outside the N(v1PD without the expressed consent of the originator. SCOTT J. WERNER, Plaintiff vs. CHARMAINE BOLINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-845 CIVIL TERM IN CUSTODY JOINDER BY SCOTT J. WERNER AND NOW comes Scott J. Werner and joins in the Petition of the Childrens' Advocacy Clinic and respectfully requests this court to suspend all custodial time between the minor children who are the subject of this action and their mother Charmaine Bolinger, until such time as she receives a thorough psychological or psychiatric evaluation and this court can arrange suitable supervision for any future periods of temporary custody or visitation. Date: EXHIBIT S CERTIFICATE OF SERVICE I, Christina Ferreira, Certified Legal Intern, the Children's Advocacy Clinic, hereby certify that I am serving a true and correct copy of a Petition to Modify Custody Order on the following person by fax and by first class U.S. Mail, postage prepaid, this 14'x' day of August, 2008: 1) James Nealon, Esquire 2411 North Front St. Harrisburg, PA 17110 Fax: (717) 236-9119 2) Samuel Andes, Esquire P.O. Box 168 Lemoyne, PA 17043 Fax: (717) 761-1435 Christina Ferreira Certified Legal Intern CHILDREN'S ADVOCACY CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 -j- a4.' ?,? lid SCOTT J WERNER, Plaintiff V. CHARMAINE BOLINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY : NO. 04-845 PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Erik Scott Werner and Joel Jamison Werner, two minor children, to proceed in forma pauperis. The Children's Advocacy Clinic, Guardian Ad Litem for the minor children proceeding in forma pauperis, certifies that we believe the parties are unable to pay the costs and that we are providing free legal service to the minor children. Date Respectfully submitted, Christina erreira Certified Legal Intern KAT11-CRAMER LAWRENCE LUCY JOHNSTON-WALSH ROBERT E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX Supervising Attorneys CHILDREN'S ADVOCACY CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 717-243-3639 <-' C) i "\ SCOTT J. WERNER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA. V. CHARMAINE BOLLINGER DEFENDANT 2004-845 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Tuesday, August 19, 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, September 12, 2008 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilroy, Esq. Custody Conciliator 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 V; iirt t S,1N] S :C d 6 1 OnV OOOZ SCOTT J. WERNER, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND CO. PENNSYLVANIA VS DOCKET NO: 04-845 Civil CHARMAINE BOLINGER, DEFENDANT PRAECIPE FOR WITHDRAWAL OF APPEARANCE Please withdraw the undersigned's appearance on behalf of the Defendant, Charmaine Bolinger, with regard to the above-captioned matter. By: Date: 1? 11, 01S Respectfully James G. Nealon, III, Esquire I.D. #: 46457 2411 North Front Street Harrisburg, PA 17110 717/232-9900 PRAECIPE FOR ENTRY OF APPEARANCE Please enter the undersigned's appearance on behalf of Defendant, Charmaine Bolinger, with regard to the above-captioned matter. Respectfully submitted, By: A j ?z `. A Michael J. Wh e, Esquire 37 E. Pomfret Street Carlisle, PA 17013 (717)243-3561 Dated: q-1) '0 Cz co ?..; 3C cn ^4 SCOTT J. WERNER, Plaintiff VS. CHARMAINE BOLLINGER, Defendant SEP 2 4 2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2004-845 IN CUSTODY COURT ORDER AND NOW, this ;j4AK day of September, 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that the attached Custody Agreement is incorporated as an Order of Court and the terms of the Custody Agreement are enforceable as a Court Order. In the event either party desires to modify the custody situation, that party may petition the Court to have the case again scheduled with the Custody Conciliator for a conference. BY Edward E. Guido, Judge cc: uel L. Andes Esquire Michael J. Whare, Esquire James G. Nealon, III, Esquire :Amanda Franzen, Certified Legal Intern CTCS er)?71LCL q?2f? e 1iT ;4.,7 9 I SI d CS :Z1 Yid 6Z d3S 8002 1, lUa' ?,): , l' W :11FU JO SCOTT J. WERNER, Plaintiff vs. CHARMAINE BOLLINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2004-845 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT In this case, the parties reached an agreement which they submitted to the Conciliator for referral to the Court. The Conciliator recommends an Order in the form as attached. Date: September c)a , 2008 Huberf X. Gilro , Esquire Custody Con ' iator SCOTT J WERNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY CHARMAINE BOLINGER, Defendant. : NO. 04-845 CIVIL TERM CUSTODY AGREEMENT THIS AGREEMENT, made this 12'h day of September, 2008, between Charmaine Bolinger, hereinafter Mother, and Scott J. Werner, hereinafter Father, concerns the custody of their children Erik Scott Werner, born October 13, 1993, and Joel Jamison Werner, born April 16, 1996. Mother and father desire to enter into an agreement as to the custody of the children. Mother and father agree to the following. 1. Legal Custody. Father shall have sole legal custody. Except as other wise provided herein, he shall have the exclusive right to make all major non-emergency decision affecting the children's general well-being including, but not limited to, all decisions regarding their health and education. Provided, however, that nothing in this Order shall interfere with either party's rights to authorize emergency medical treatment. Pursuant to the terms of 23 Pa. C. S. § 5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records of information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational records, attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, IEP meetings, extracurricular activities, children's parties, musical presentations, back-to-school night, and the like. 2. Physical Custody. a. Father shall have primary physical custody. b. Mother shall undergo a psychological evaluation. Upon completion of a psychological examination and after demonstrating that she is cooperating fully with any recommended services, Mother shall have supervised visitation no more then two times per month. Mother shall consent to the release of the psychological evaluation to the Children's Advocacy Clinic and to Father. Costs of the services to be paid by Mother. c. Alternative Behavior Consultants (ABC), at 224 South Hanover Street, shall provide supervised visitation services. In the alternative, the Children's Advocacy Clinic will assist in finding a provider of supervised visitation services. d. Upon recommendation of the staff at ABC, or other supervised visit service provider, and Mother's continued compliance with the recommendations of the individual who completes the psychological evaluation, supervised visitation shall cease and Mother shall have partial physical custody as set forth in the Order dated August 30th, 2007 and amended October 19th, 2007. e. The provisions regarding psychological evaluation and supervised visitation may be modified by agreement of all parties. 3. All custody transfers shall take place through a mutually agreeable third party, which may include the person or agency providing supervision. All communications regarding the children shall also be through the mutually agreeable third party. Mother and Father are prohibited from having any direct contact with each other, or any household member of the other (except the children). Furthermore, Mother and Father shall not be in the presence of each other at the time of custody transfer. 4. Father shall continue the children's treatment with Franklin Family Services, or a comparable agency, until they are successfully discharged. 5. Both parties shall have the right to reasonable telephone contact with the children during the other party's period of custody/supervised visitation. The children may initiate a telephone call to the non-custodial parent upon their request. Neither party shall interfere with the other party's telephone contacts with the children. Each party shall make all reasonable efforts to promptly respond to messages left for them by the other party regarding the children. In the event that the telephoning parent is not able to complete their call, the mutually agreeable third parry will return the call promptly to arrange for the children to speak with the non-custodial parent. 6. Because of the intractable conflict between the parents, the Children's Advocacy Clinic of the Penn State Dickinson School of Law shall continue to represent the interests of the children in this matter. Both parents are directed to cooperate with Penn State Dickinson School of Law Children's Advocacy Clinic and to provide them with any information requested regarding the treatment and care of the children. V 4,3TATE The Dickinson IV School of Law SENT BY FAX & REGULAR MAIL Hubert X. Gilroy, Esquire 10 East High Street Carlisle, PA 17013 Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, PA 17043 Michael J Whare, Esquire 37 East Pomfret Street Carlisle, PA 17013 CHILDREN'S ADVOCACY CLINIC A service to the community by students from The Dickinson School of Law of The Pennsylvania State University September 16, 2008 Re: Werner v. Bolinger Civil Action - Law In Custody 2004-845 Dear Mr. Gilroy: The Dale F. Shughart Community Law Center 45 North Pitt Street Carlisle, PA 17013-2899 Office: 717-243-2968 or 717-243-8034 Fax: 717-243-3639 The Honorable Judge Edward E. Guido scheduled a custody conciliation on the above captioned matter for Friday, September 12, 2008. Although you were not able to attend this conciliation, the parties were able to come to an agreement regarding the custody of Erik and Joel Werner during that time. All parties had counsel present during the discussion. Enclosed please find a copy of the custody agreement for your consideration. We respectfully request that you submit the agreement to be made into an order. Very truly y rs, Am nda Franzen Certified Legal Intern GAL for the Minor Children CC: James G. Nealon, III, Esquire An Equal Opportunity University Q. SCOTT J. WERNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. Civil Action- Law '- -, No. 04-845 -'' CHARMAINE WERNER, (formerly Charmaine Bolinger) Defendant : IN CUSTODY PETITION TO MODIFY CUSTODY AND NOW, comes Charmaine Werner by and through her counsel, Michael J. Whare, Esquire and in support of her Petition to Modify Custody avers as follows: 1. Petitioner is Charmaine Werner, hereinafter referred to as "Mother". 2. Respondent is Scott J. Werner, hereinafter referred to as "Father". 3. The parties are the parents of Erik Werner, born October 13, 1993 and Joel Werner, born April 16, 1996. 3. On September 29, 2008, The Honorable Judge Edward E. Guido entered a Custody Order based on an agreement entered into by the parties. (Attached as Exhibit A) 4. Since the entry of said Order, there has been a significant change in circumstances in that: a) Mother has completed an MMPI test and is continuing to receive counseling. b) The children have a strong desire to have more contact with mother. 470• oo Pio ATT`1 ce 10(01 R:r* a3,1111 c) It is mother's understanding that the children's therapist is in agreement with mother having more time with the children. 5. The best interest of the children will be served by the Court modifying said Order. WHEREFORE, Petitioner respectfully requests this Honorable Court grant modification of the Custody Order as follows: Mother and Father shall have shared physical and legal custody of the children. Respectfully submitted, Date: Michael I Whar , Esquire 37 East Pomfret Street Carlisle, PA 17013 Supreme Ct. Id No. 89028 Attorney for Plaintiff SCOTT J. WERNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law : No. 04-845 CHARMAINE WERNER, (formerly Charmaine Bolinger) Defendant : IN CUSTODY VERIFICATION 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. & 4904 relating to unsworn falsification to authorities. Date: A -'O'ff _ / 0 altlYY)L?UX (. / (? C armaine Werner, Petitioner SCOTT J. WERNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law : No. 04-845 CHARMAINE WERNER, (formerly Charmaine Bolinger) Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Michael J. Whare, Esquire, attorney for Petitioner, do hereby certify that I this day mailed a copy of the within Petition to Modify Custody upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Scott J. Werner 101 Willow Grove Road Carlisle, PA 17013 Penn State Dickinson School of Law Children's Advocacy Clinic 45 North Pitt Street Carlisle, PA 17013 Dated: D -a, I D Michael J. e, Esquire Attorney for Petitioner SEP 2 4 2008P SCOTT J. WERNER, Plaintiff VS. CHARMAINE BOLLINGER, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2004-845 IN CUSTODY COURT ORDER AND NOW, this 'A&day of September, 2008, upon consideration of the attached i Custody Conciliation Report, it is ordered and directed that the attached Custody Agreement is incorporated as an Order of Court and the terms of the Custody Agreement are enforceable as a Court Order. In the event either party desires to modify the custody situation, that.party may petition the Court to have the case again scheduled with the Custody Conciliator for a conference. BY Edward E. Guido, Judge cc: Samuel L. Andes, Esquire Michael J. Whare, Esquire James G. Nealon, III, Esquire Amanda Franzen, Certified Legal Intern til test, my wimfod. i t'fillEo t? ' ttt? 13t??k tas I zk*'n. L.- '14 E4*% Lk , SCOTT J WERNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY CHARMAINE BOLINGER, Defendant. :NO. 04-845 CIVIL TERM CUSTODY AGREEMENT THIS AGREEMENT, made this 12`h day of September, 2008, between Charmaine Bolinger, hereinafter Mother, and Scott J. Werner, hereinafter Father, concerns the custody of their children Erik Scott Werner, born October 13, 1993, and Joel Jamison Werner, bom April 16, 1996. Mother and father desire to enter into an agreement as to the custody of the children. Mother and father agree to the following. 1. Legal Custody. Father shall have sole legal custody. Except as other wise provided herein, he shall have the exclusive right to make all major non-emergency decision affecting the children's general well-being including, but not limited to, all decisions regarding their health and education. Provided, however, that nothing in this Order shall interfere with either party's rights to authorize emergency medical treatment. Pursuant to the terms of 23 Pa. C. S. § 5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records of information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational records, attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, IEP meetings, extracurricular activities, children's parties, musical presentations, back-to-school night, and the like. 2. Physical Custody. a. Father shall have primary physical custody. b. Mother shall undergo a psychological evaluation. Upon completion of a psychological examination and after demonstrating that she is cooperating fully with any recommended services, Mother shall have supervised visitation no more then two times per month. Mother shall consent to the release of the psychological evaluation to the Children's Advocacy Clinic and to Father. Costs of the services to be paid by Mother. c. Alternative Behavior Consultants (ABC), at 224 South Hanover Street, shall provide supervised visitation services. In the alternative, the Children's Advocacy Clinic will assist in finding a provider of supervised visitation services. d. Upon recommendation of the staff at ABC, or other supervised visit service provider, and Mother's continued compliance with the recommendations of the individual who completes the psychological evaluation, supervised visitation shall cease and Mother shall have partial physical custody as set forth in the Order dated August 30th, 2007 and amended October 19th, 2007. e. The provisions regarding psychological evaluation and supervised visitation may be modified by agreement of all parties. 3. All custody transfers shall take place through a mutually agreeable third party, which may include the person or agency providing supervision. All communications regarding the children shall also be through the mutually agreeable third party. Mother and Father are prohibited from having any direct contact with each other, or any household member of the other (except the children). Furthermore, Mother and Father shall not be in the presence of each other at the time of custody transfer. 4. Father shall continue the children's treatment with Franklin Family Services, or a comparable agency, until they are successfully discharged. 5. Both parties shall have the right to reasonable telephone contact with the children during the other party's period of custody/supervised visitation. The children may initiate a telephone call to the non-custodial parent upon their request. Neither party shall interfere with the other party's telephone contacts with the children. Each party shall make all reasonable efforts to promptly respond to messages left for them by the other party regarding the children. In the event that the telephoning parent is not able to AI complete their call, the mutually agreeable third party will return the call promptly to arrange for the children to speak with the non-custodial parent. 6. Because of the intractable conflict between the parents, the Children's Advocacy Clinic of the Penn State Dickinson School of Law shall continue to represent the interests of the children in this matter. Both parents are directed to cooperate with Penn State Dickinson School of Law Children's Advocacy Clinic and to provide them with any information requested regarding the treatment and care of the children. SCOTT J. WERNER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. CHARMAINE WERNER DEFFNDANT 2004-845 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, February 12, 2010 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, March 19, 2010 at 10:30 AM .._ _._-- - _ ...... for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entrv ofa 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. GYMO Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 FILED-01+11"'"'E rlr r,NOC? t 2010 FEB 16 Ate l 1: 58 PcIti ,NB 'LV ±NiA m&'Aw t de- /W ..~ 3 . ~ JUN 4 2 2010 SCOTT J. WERNER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYI AN~A ~ ~~ vs. -~, ,,:, c-- CIVIL ACTION -LAW r,.., ~~ c ' -r ~ :3: _ ~ k Z *_ CHARMAINE BOLLINGER, oo NO. 2004-845 ~` '~ ' ' , Defendant ;, ~: r, IN CUSTODY ~: ~_. :~ ~ . - ~, ~ ~:; --_~ . _ ;~• ,, _~ -~ i,- r., . , y;~, COURT ORDER ~ G'~ '"~ ~f NOW, this ` day of , 2010 upon consideration of the attached Custody Conciliation Report, the prior ders of Court in this case are vacated and replaced with the following Custody Order: 1. The appointment of the Children's Advocacy Clinic as guardian ad litem for the two minor children in this case shall continue consistent with the prior Orders of Court. 2. The father, Scott J. Werner, and the mother, Charmaine Werner, shall enjoy shared legal custody of Erik Scott Werner, born October 13,1993, and Joel Jamison Werner, born April 16, 1996. This provision with respect to shared legal custody contemplates that the parties shall communicate with each other concerning all important decisions and information concerning the two minor children. If, however, after consultation with each other the parties are at an impasse with respect to any major decisions, the father shall have the authority to issue those decisions and give appropriate directive to school officials, healthcare officials, etc. 3. Physical custody shall be handled as follows: A. During the school year, mother shall enjoy physical custody of the minor children on alternating weekends from Friday afternoon until Monday morning when the children shall be delivered to school. The exchange time for custody shall be consistent with what the parties have been doing over the '_ ~ past few months and as agreed upon by the parties. Additionally, mother shall have custody every Wednesday from after school through Thursday morning pursuant to the time schedule the parties have been practicing over the past few months. Father shall have primary physical custody during the school year subject to mother's period of temporary custody as set forth above. B. During the summer months, the parties shall share equally physical custody on a week on/week off basis. Absent an agreement of the parties, exchange of custody shall be Sunday evening at 6:00 p.m. This provision shall go into effect as of July 3, 2010 with the custody schedule set forth in subparagraph `A' above controlling until July 3. 4. The parties may modify the custody schedule outlined as they agree. Absent an agreement and in the event the parties desire to modify this Order, either party may petition the Court to have the case again scheduled before the Custody Conciliator. 5. The parties are directed to continue to work with the guardian ad litem with respect to information and access for the two minor children. 6. The holiday schedule between the parties as set forth in the prior Order dated August 30, 2007, shall remain in effect. Edward E. Guido, Judge cc: Michael J. Whare, Esquire Samuel L. Andes, Esquire / Kristen Flory, Esquire /~' l ~ ' ~' SCOTT J. WERNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CHARMAINE BOLLINGER, Defendant CIVIL ACTION -LAW NO. 2004-845 IN CUSTODY Prior Judge: The Honorable Edward E. Guido CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Erik Scott Werner, born October 13, 1993, and Joel Jamison Werner, born April 16, 1996. 2. A Conciliation Conference was held on May 27, 2010, with the following individuals in attendance: The father, Scott J. Werner, with his counsel, Samuel L. Andes, Esquire and the mother, Charmaine Werner, with her counsel, Michael J. Whare, Esquire, and Kristen Flory of the Penn State University Dickinson School of Law Children's Advocacy Clinic. 3. The Conciliator recommends an Order in the form as attached based upon an agreement of the parties at the Custody Conciliation Conference . Date: (~ ~ r , 2010 ~/ Hubert X. Gilroy, E ire Custody Conciliat r