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HomeMy WebLinkAbout08-495611 TIMOTHY R. REED, * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLAND COUNTY, PENNSYLVANIA * VS. * NO. JESSICA R. REED, * CIVIL ACTION - LAW Defendant * IN CUSTODY COMPLAINT FOR CUSTODY AND NOW COMES, TIMOTHY R. REED, by and through his attorney, Thomas M. Clark, Esquire, of Colgan Marzzacco, LLC, and files the instant Complaint for Custody, and in support thereof, avers as follows: 1. Plaintiff is Timothy Ryan Reed, who currently resides at 211 3`d Street, Huachuca City, Cochise County, Arizona 85616. 2. Defendant is Jessica Rose Reed, who currently resides at 22 West Beale Avenue, Enola, Cumberland County, Pennsylvania 17025. 3. Plaintiff seeks shared legal custody and shared physical custody of the following children: Elijah James Reed, born July 24, 2002, and Emma Rose Reed, born September 12, 2004. The children were not born out of wedlock. The children are presently in the physical custody of Defendant. 4. During the past five years, the children have resided with the following persons and at the following addresses: Dates Address Persons A. June 2007 to 22 West Beale Avenue Jessica Reed Present Enola, PA B March 2006 to 15 Lynewood Building Jessica Reed June 2007 Middletown, PA C. July 2005 to 102 Nelson Circle 'Timothy & Jessica Reed March 2006 Ft. Huachuca, AZ 85613 D. July 2003 to 4226-8 599th Street Timothy & Jessica Reed July 2005 Fort Wainwright, AK 99703 The father of the children is Timothy Ryan Reed, who currently resides at 211 P Street, Huachuca City, Cochise County, Arizona 85616.. The mother of the children is Jessica Rose Reed, who currently resides at 22 West Beale Avenue, Enola, Cumberland County, Pennsylvania 17025 5. The relationship of Plaintiff to the children is that of father. 6. The relationship of Defendant to the children is that of mother. 7. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in another court of this Commonwealth or any other state. Plaintiff does not know of any person not a party to the proceedings who has physical custody or the children or who claims to have custody or visitation rights with respect to the children. 8. The best interest and permanent welfare of the children will be served by granting Plaintiff shared legal and shared physical custody of the children. 9. 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, Plaintiffs respectfully request This Honorable Court to award him shared legal custody and shared physical custody of the minor children with partial physical custody to Defendant. Respectfully submitted, COL ARZZACCO,LCC By: Thomas M. Clark, Esquire ID # 85211 130 W. Church Street Dillsburg, PA 17019 (717)502-5000 Dated: oeo V TIMOTHY R. REED, * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLAND COUNTY, PENNSYLVANIA VS. * NO. * JESSICA R. REED, * CIVIL ACTION - LAW Defendant * IN CUSTODY VERIFICATION I verify that the statements made in this Complaint are hue and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. Date: Cq AUCh © othy Ryan Reed Plaintiff 14 skx W ag P n r-n ` n i C ( V.1h. TIMOTHY R. REED IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-4956 CIVIL ACTION LAW JESSICA R. REED IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, August 27, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, September 23, 2008 at 10:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ john-1. Man an r. Esq.,jLt 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 P)w4-rW -ftv --*- -"* -? LZ BCQ? OCT 13 2008, c?, TIMOTHY R. REED, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-4956 CIVIL ACTION LAW JESSICA R. REED, IN CUSTODY Defendant ORDER OF COURT AND NOW this Eel day of October 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Legal Custody: The Father, Timothy R. Reed, and the Mother, Jessica R. Reed, shall have shared legal custody of Elijah James Reed, born 07/24/2002 and Emma Rose Reed, born 09/12/2004. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's partial physical custody as follows: a. Commencing summer 2009, Father shall have physical custody of the Children from after school ends in the beginning of June (approximately June 5 or 6, 2009) and continuing for a period of approximately twenty-six days (until June 30 or July 1, 2009). The exact days shall be arranged by mutual agreement at least thirty (30) days before the summer break begins, and in all cases shall be arranged so that Elijah will be able to attend his specialized summer camp to the greatest extent possible. Mother shall be obligated to pay the summer time travel expenses for the Children. The parties may expand these periods by mutual agreement as is necessary or proper. b. The parents shall alternate Thanksgiving and Christmas with the Children with Father having Thanksgiving and Mother having Christmas in even years and Father having Christmas and Mother having Thanksgiving in odd years. These holiday periods shall be for approximately one week in duration. The exact days shall be arranged by mutual agreement at least thirty (30) days before the holiday occurs. Father shall be obligated to pay for the holiday travel expenses. C. Father shall additional periods of physical custody of the Children here in Pennsylvania by mutual agreement and with two (2) weeks' advance notice to Mother. 3. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. 4. Neither parry may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other parry, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 5. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 6. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Either party may contact the assigned conciliator to request a status conference as necessary. distribution: .-'Larry Weisberg, Esquire, 2041 Herr Street, Harrisburg, PA 17103-1624 omas Clark, Esquire, 130 W. Church Street, Dillsburg, PA 17019 ohn J. Mangan, Esquire r CoPI;es nrn?. &ct lD?iyfo? ..?' a-- ?J' ?, ?? ?J ?[ r 1 ? ? `'?s r es c? , . ? U TIMOTHY R. REED, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-4956 CIVIL ACTION LAW JESSICA R. REED, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH 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: Name Date of Birth Currently in the Custody of Elijah James Reed 07/24/2002 Primary Mother Emma Rose Reed 09/12/2004 Primary Mother 2. A Conciliation Conference was held with regard to this matter on September 23, 2008 with the following individuals in attendance: The Mother, Jessica R. Reed, with her counsel, Larry A. Weisberg, Esq. The Father, Timothy R. Reed, did not appear, but was represented by his counsel, Thomas M. Clark, Esq. 3. The parties agreed to the entry of an Order in the form as attached. lo v Date Jo J. , Esquire Csto Conciliator TIMOTHY R. REED IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA C- r- s1 V. 2008-4956 CIVIL ACTION LAW -C TZ JESSICA R. REED --?> p IN CUSTODY r-z : DEFENDANT y"c-) Q _ ?c `' c_' s ORDER OF COURT AND NOW, Friday, April 27, 2012 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, June 05, 2012 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ John J. Manganr. 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 f ow copy ?/, lPC? /e - Con?'•'??' 7 ,r ? for a i y y/3 d //z ??'nY / .01le Hynum Law, P.C. Debra R. Mehaffie, Esquire I.D. No. 90951 2608 N. Third Street Harrisburg, PA 17110 Tele: (717) 774-1357 Fax: (717) 774-0788 Debmna hynumpc.com Counsel for Defendant Jessica R. Reed 7 f 3: 1 k (7 L?ERL,1i i? i r D C G lt IJ I i - E1H"' 1rL`?ANH TIMOTHY R. REED, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA _v_ NO. 2008-4956 JESSICA R. REED, CIVIL ACTION - LAW Defendant IN CUSTODY PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Debra R. Mehaffie, Esquire and Hynum Law, P.C., as attorneys in the above-captioned action for Defendant, JESSICA R. REED, per her request. Date: `` ?! of Al. // u 0 bra R. Mehdffie, Esquire I.D. No. 90951 ynum Law 2 8 N. Third Street arrisburg, PA 17110 Tele: (717) 774-1357 Fax: (717) 774-0788 Debmkhynumpc.com CERTIFICATE OF SERVICE I hereby certify that served the foregoing Praecipe to Enter Appearance upon the individual indicated below via United States Postal Service, first class mail, postage prepaid, addressed as follows: Thomas M. Clark, Esquire 130 West Church Street, Suite 100 Dillsburg, PA 17019 (Attorney for Plaintiff) John J. Mangan, Jr., Esquire - Custody Conciliator 17 West South Street Carlisle, PA 17013 Date: b a R. Meh ffie, Esquire I No. 90951 Iq um Law N. Third Street 2isburg, PA 17110 Tele: (717) 774-1357 Fax: (717) 774-0788 TIMOTHY R. REED, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JESSICA REED, DEFENDANT NO. 08-4956 CIVIL IN RE: MOTHER'S MOTION FOR CUSTODY EVALUATION ORDER OF COURT AND NOW, this 28th day of June, 2012, upon consideration of the Motion for Custody Evaluation filed by Jessica Reed, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Father, Timothy R. Reed, to show cause why the relief requested should not be granted; 2. The Plaintiff will file an answer on or before July 13, 2012; 3. The Prothonotary is directed to forward said Answer to this Court. 4. Hearing/argument on the matter will be held on Wednesday, July 18, 2012, at 9:30 a.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, `?A V M.L. Ebert, Jr., J. /Thomas M. Clark, Esquire Attorney for Father -:3 /Debra R. Mehaffie, Esquire r- pa Attorney for Mother te bas zc a _. Piet 0 0 TIMOTHY R. REED, IN THE COURT OF COMMON PLEAS OF' Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA No. 08-4956 CIVIL ACTION LAW JESSICA R. REED, IN CUSTODY Defendant ORDER OF COURT AND NOW this day of July 2012, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. This Order is entered pursuant to a Custody Conciliation Conference. A Custody Hearingi is hereby scheduled on the day of qA9f , 2012 at T30 am/p-in Courtroom number P-- in the Cumberland County Court of Common Pleas, Carlisle, PA 17013 at which time testimony will be taken in regard to the physical custody for the subj?ct Children and whether it is in the Children's best interest to relocate into the primary care f Father in Hawaii.. For purposes of this hearing, the Father shall be deemed to be the movi g party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody a list of witnesses who will be expected to testify at the hearing and a summary of the antici a testimony of each witness. These Memoranda shall. be filed at least five days prior to the hearing date. 2. Legal Custody: The Father, Timothy R. Reed, and the Mother, Jessica R. Reed, shall have shared legal custody of Elijah James Reed, born 07/24/2002 and Emma Rose Reed, born 09/12/2004. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions rega dint their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each pare 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 oth Ir parent within such reasonable time as to make the records and information of reasonable u?e to the other parent. 3. Physical Custody: Pending further Order of Court or written mutual agreement of the Mother shall have primary physical custody of the Child subject to Father's partial ph: custody as follows: a. Commencing summer 2009, Father shall have physical custody of the Children from after school ends in the beginning of June (approximately June 5 or 6, 2009) and continuing for a period of approximately twenty-six days (until June 30 or July 1, 2009). The exact days shall be arranged by mutual agreement t least thirty (30) days before the summer break begins, and in all cases shall ?e arranged so that Elijah will be able to attend his specialized summer camp t? the greatest extent possible. Mother shall be obligated to pay the summer time travel expenses for the Children. The parties may expand these periods by mutual agreement as is necessary or proper. b. The parents shall alternate Thanksgiving and Christmas with the Children with Father having Thanksgiving and Mother having Christmas in even years and Father having Christmas and Mother having Thanksgiving in odd years. These holiday periods shall be for approximately one week in duration. The exact days shall be arranged by mutual agreement at least thirty (30) days before the holiday occurs. Father shall be obligated to pay for the holiday travel expe1ses. C. Father shall additional periods of physical custody of the Children here in Pennsylvania by mutual agreement and with two (2) weeks' advance notice to Mother. 4. The non-custodial parent shall have liberal telephone, text, email, Skype (or similar technology) contact with the Children on a reasonable basis. In the absence of agreement, the non-custodial parent shall have contact two times per week. 5. The parents have agreed to have the Child/ren re-evaluated and/or updated for mental health diagnosis. The purpose of which is to undergo an evaluation to ascertain whether the curr ent diagnosis is valid or whether there are additional mental health issues present. The cost o said evaluation is to be paid for by Father. Both parents shall have an opportunity to provide i put and a right to provide records at least 30 days prior to the evaluation. The evaluation shall occur here in this jurisdiction (within a sixty mile radius of Mother's residence) or the evaluation shall be performed during Father's custodial periods. However, if the evaluation needs to be done farther that sixty miles from Mother's residence, Father shall make the arrangements (and pay for) the transportation. 6. Neither party ma,y say or do anything nor permit a third party to do or say anything that m estrange the Children from the other party, or injure the opinion of the Children as to the c party, or may hamper the free and natural development of the Children's love or affection the other party. To the extent possible, both parties shall not allow third parties to dispar, the other parent in the presence of the Children. 7. In the event of a medical emergency, the custodial party shall notify the other party as soo?l as possible after the emergency is handled. 8. Relocation. The parties are advised that neither party shall hereafter relocate the child or children if such relocation will significantly impair the ability of a non-relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the child/children consents to the proposed relocation or (b) the court approves the proposed relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S. §5337. 9. This Order is entered pursuant to a Custody Conciliation Conference. The parties may mo ify the provisions of this Order by mutual consent. In the absence of mutual consent, the term of this Order shall control. Eitl99NMMiSKjJQJitact the assigned conciliator to request a sta is conference prior to the schgq l9K4n_l@"@ssary. o i inc au By the Court, ??' .1. Distribution: ?? Debra Mehaffie, Esquire, 2608 North 3rd Street, Harrisburg, PA 17110 Y Thomas Clark, Esquire, 130 W. Church Street, Dillsburg, PA 17019 Y John J. Mangan, Esquire C Opp ?'S !vt 4? ?r ?Z° ? 7//%„r ,Qfz-rte TIMOTHY R. REED, Plaintiff V. JESSICA R. REED, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-4956 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDI 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custo Elijah James Reed 07/24/2002 Primary Moth( Emma Rose Reed 09/12/2004 Primary Moth( 2. A Conciliation Conference was held with regard to this matter on September 23, 2 an Order issued October 14, 2008 and a conference was held June 05, 2012 with tl following individuals in attendance: The Mother, Jessica R. Reed, with her counsel, Debra Mehaffie, Esq. The Father, Timothy R. Reed, did not appear, but was represented by his counsel, Thomas M. Clark, Esq. 3. The Father's position on custody is as follows: Father currently has partial physical custody of the Children for approximately a month during the summer and alternating Thanksgiving and Christmas breaks. Father is in the military and currently in the state of Washington; his wife lives in AZ. However, Father indicates that he is moving t HI in July 2012. Father is requesting primary custody of the Children. Father asserts t at Mother does not include him in regard to updates/decisions for the Children. Fathe questions whether the Children have been properly diagnosed and requests that a new mental health evaluation be conducted. Father has additional concerns that Mother as unilaterally converted the Children to Judaism without his knowledge. Father believes the Children would be better off in Hawaii with him and his wife. The issue of a 11 custody evaluation was discussed, but Father and his counsel indicated that they are not in agreement of an evaluation. Father and his counsel assert that the instant matter i? not a relocation case. 4. The Mother's position on custody is as follows: Mother requests that she maintain primary custody of the Children in this jurisdiction. Mother asserts that she has been very flexible in regard to Father and the custodial situation. Mother indicates that s keeps Father fully informed in regard to the Children's educational and medical issues. Mother alleges that Father does not believe or accept the Child/ren's medical diagnosis. However, Mother would consider an updated evaluation under certain circumstance as outlined in the proposed Order. Mother believes that the Children are thriving and being well taken care of Mother does want a custody evaluation to be performed and thinks it would be beneficial. Mother and her counsel assert that this is a relocation case as it impacts financial concerns for transportation as well as Father's request for primary custody with the Children in HI. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and entering an Order of Court regarding custody as outlined. It is the Conciliator's b lief that this would be in the Children's best interest. It is expected that the HearingLw 11 require one day. 6. The proposed recommended Order may contain a requirement that the parties file pre- trial memorandum with the Judge to whom the matter has been assigned. Date Joh J. angan, Esquire Cu tody' Conciliator TIMOTHY R. REED, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYL'@?N ` . -v 3 - + vs. cl? No. 2008-4956 r- W a JESSICA R. REED, : CIVIL ACTION - LAW A ?' - Defendant : IN CUSTODY = e ate` ' ANSWER TO DEFENDANT'S MOTION FOR CUSTODY EVALUATION PURSUANT TO Pa. R.C.P.1915.8(a) AND NOW, comes Timothy R. Reed, by and through his attorney, Thomas M. Clark, Colgan & Associates, LLC, who hereby files the following Answer to Defendant's Motion Custody Evaluation, and in support thereof avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted in part. Father admits that he was agreeable to Mother's counsel obtaining information regarding the costs and time frame for completing a custod evaluation. However, as stated in the Conciliator's Conference Summary Report, a the time of the Conciliation Conference, Father was not in agreement with Mother' request for a custody evaluation. 8. Admitted in part. Father admits that he was agreeable to Mother's counsel obtaining information regarding the costs and time frame for completing a evaluation. However, as stated in the Conciliator's Conference Summary Report, the time of the Conciliation Conference, Father was not in agreement with Mother request for a custody evaluation. 9. Admitted. 10. Admitted. 11. Admitted. By way of further answer, Father was open to Mother's counsel obtaini information for a custody evaluation, but at the time of the Conciliation Con Father was not in agreement with the custody evaluation. 12. Admitted. 13. a. Admitted, in part. Denied, in part. It is disputed that Elijah was with an Autistic Disorder. It is believed that Elijah has been diagnosed twice by two different doctors who were not in agreement with his diagnosis. The first doctor diagnosed Elijah with Aspergers, which is on the Autism Spectrum. The second doctor diagnosed Elijah with Pervasive Development Disorder-Not Otherwise Specified, which is also on the Autism Spectrum. Father has requested that a proper evaluation by a specialist be done in order to effectively diagnose Elijah and provide proper care and treatment (This issue was addressed at the time of Conciliation Conference and the Order was modified for Elijah to be evaluated). Mother has not shared any documentation with Father regarding Emma diagnosis. According to the information provided by Tricare to Father, Emma was not diagnosed with ADHD, she was simply provided a referral for ADHD. Essentially, there was speculation that she could have ADHD a further testing was necessary. No further information was shared with Fatt regarding this from Mother. Father does not believe a follow-up 'A conducted as he has not received any information from Tricare regarding tl matter. Father believes that he should be immediately contacted regardii any follow-up appointments for Emma. Even if the children have special needs, Father does not believe that custody evaluation is necessary for the Court to be able to assess how Fa will respond to such needs. Father believes that any issues related to children's special needs can successfully be resolved at Trial through evide and testifying witnesses, rather than through a custody evaluation. b. Admitted, in part. Denied, in part. Father admits that Mother has been primary caregiver of the children. However, Father's ability to care for th children need not be determined exclusively by a custody evaluation. Fathe believes that his ability to care for the children, regardless of whether or nc they have special needs, can be determined at Trial through evidence any testifying witnesses, rather than through a custody evaluation. c. Denied. Father is going to be living in military housing in Honolulu, Hawai and, upon relocation, information for Father's housing will be readily available to Mother and to Mother's attorney. In almost all Custody cases, the Court is asked to make judgments about issues such as living arrangements without the Court having the benefit of examining the actual home or having a custody evaluation. Unlike other cases, in the case at hand, the Court can feel more secure knowing that Father is going to be residing in military housing. To suggest, that an Evaluator is necessary to examine Father's home environment, would be to suggest that an Evaluator is needed in every case. d. Admitted, in part. Denied, in part. Father admits that he and Mother have partners. However, Father denies that his Wife must to be evaluated an Evaluator with regard to the best interests of the children. Father's W can testify at time of Trial and the Court will be able to assess Wife's abilit as a stepparent. Again, in most cases, without the benefit of an Evaluator, I Court is asked to examine a spouse or significant other. e. Denied. The issues between the parties can successfully be resolved at through evidence and testifying witnesses, rather than spending large of money on a custody evaluation. 14. Denied. While it is true that the cost of the evaluation is approximately $6,000 $7,000, Father does not believe that this figure includes the Evaluator testifying at time of the Hearing. From having had Evaluators testify in the past, Undersig Counsel believes that the fee for the Evaluator to testify will be at least an additic $1,500. Father does not agree that he and Mother should share the costs of the evaluati All of the issues raised in Mother's Motion can be fairly decided at Trial without the extra expense of a custody evaluation. Further, Father would be required to pay his own expenses in travelling from Hawaii to Pennsylvania. These expenses include roundtrip airfare (for Father, his Wife, and their child), hotel accommodations and a rental car. The additional costs to Father would be thousands of dollars. Additionally, once the case is ready for Trial, Father would need to pay these sa travel and lodging expenses all over again. Father does not have the disposable income available to pay approximat $4,000 for a custody evaluation, pay for two (2) round trips with wife Pennsylvania, and pay attorney's fees. When it is all said and done, even prior having a Trial, Father could spend close to $10,000 for his portion of the custe evaluation and travel costs. Ordering Father to pay for a custody evaluation m prevent Father from being able to move forward and essentially would deny Fad his right to modification of the current Custody Order. If Mother feels that a custo evaluation is necessary, Mother should pay for the custody evaluation. Undersign Counsel acknowledges that PA Rules of Civil Procedure 1915.8 allows the Court have a custody evaluation if the Court finds it is in the best interest in the childre however, it has typically been the case that the upfront monies for the custo evaluation are paid for by the party requesting said evaluation. If Father is unable proceed to a Trial because he cannot afford to pay for one half of the evaluation pl costs, this will effectively deny Father his rights to expanded time with his children. 15. Admitted. 16. Admitted. WHEREFORE, it is respectfully requested that this Honorable Court deny Mother' request for commencement of a custody evaluation. Respectfully COLGAN f(ASS"TES, LLC Thomas M. Clark, Esquire Attorney ID #85211 130 West Church Street Suite 100 Dillsburg, PA 17019 Tel: (717) 502-5000 Fax: (717) 502-5050 Dated:----/.3- / Z VERIFICATION I, TIMOTHY R. REED, verify that the statements made in this Answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Date: 13 -3utr ?10/Z.._ OTHY R. D, Plaintiff TIMOTHY R. REED, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANI4 VS. : No. 2008-4956 JESSICA R. REED, : CIVIL ACTION - LAW Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Thomas M. Clark, Esquire, do hereby certify that on this date, I served a true and correct copy of Plaintiffs Answer to Plaintiff s Motion upon the following people, via United States First Class mail, postage prepaid, addressed as follows: Debra R. Mehaffie, Esquire 2608 N. Third Street Harrisburg, PA 17110 By: Dated: ?-- /? - 1 Z I nomas M. Clark, Esquire ID # 85211 130 West Church Street Dillsburg, PA 17019 (717) 502-5000 r TIMOTHY R. REED, PLAINTIFF V. JESSICA REED, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANI/ NO. 08-4956 CIVIL ORDER OF COURT AND NOW, this 18th day of July, 2012, upon consideration of Mother's Motion Custody Evaluation, Father's Answer thereto and after oral argument; IT IS HEREBY ORDERED AND DIRECTED that: 1. Given Father's anticipated move to Hawaii, this case will be considered a relocation case under the provisions of 42 Pa.C.S.A. §5337 and the parties shall comf with all notice requirements contained therein; 2. Father shall schedule and pay for an updated medical/mental health evaluation of the children. This evaluation shall be completed on or before September 7, 2012, and copies of the report of the evaluation shall be provided to the Court and parties. 3. Mother's Motion for Custody Evaluation pursuant to Pa.R.C.P. 1915.8(a) is GRANTED, subject to the following conditions: a. On or before July 31, 2012, if the parties cannot agree upon an evaluator, each party shall supply the Court with three names of qualified evaluators perform the evaluation. The Court shall then select an appropriate evaluator. b. The custody evaluation shall take place in Pennsylvania. Father is directed to cooperate with the evaluator and supply any requested information or testimony. Father need not travel to Pennsylvania in order to provide input. c. The cost of the custody evaluation shall initially be borne by Mother, with the Court determining final apportionment of the custody evaluation costs after final trial in the matter. Any party wishing to subpoena the evaluator for testimony at the trial shall pay the evaluator's expert witness fee. d. The custody evaluator shall complete the evaluation and provide a copy of his/her report to the Court and the parties on or before September 28, 2012. By the Court, M. L. Ebert, Jr., V Thomas M. Clark, Esquire Attorney for Father r/ Debra R. Mehaffie, Esquire Attorney for Mother bas &p,es /u.Q lee( -7/POi ' XeV& a? c FT's ?r -cam :r_ C) N G r %D z co ±.n a= et ?a Hynum Law, P.C. Debra R. Mehaffie, Esquire Attorney I.D. No. 90951 2608 North 3`d Street Harrisburg, PA 17110 (717j 774-1"357 (717) 774-0788 -fax debm(a~hynumpc.com Attorney for Jessica R. Greishaw ~L I 22 QI-V ~' ~ ~t3 ~~~~~ TIMOTHY R. REED, Plaintiff -v- JESSICA R. REED, n/k/a JESSICA R. GREISHAW, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-4956 CIVIL ACTION -LAW IN CUSTODY PETITION F'OR SPECIAL CUSTODY RELIEF PURSUANT TO Pa. R.C.P. 1915.13 AND NOW, comes Jessica R. Greishaw, fJk/a Jessica R. Reed, by and through her counsel, Hynum Law and Debra R. Mehaffie, Esquire, who hereby files the following Petition for Special Custody Relief and in support thereof avers as follows: 1. Mother is Jessica R. Greishaw, f/k/a Jessica R. Reed, who currently resides at 60 Briardale Road. Dauphin, Dauphin County, Pennsylvania 17018. 2. l=ather is Timothy R. Reed, who has a mailing address of 254101 Abbott Street, Wahiawa, I-lI 96786. 3. Mother and Father are the parents of two (2) minor children, namely Elijah J. Reed, born July 24, 2002 (age 10) and Emma Rose Reed, born September 12, 2004 (age 8). ~~3.U~~r~~~. C k.~ SySB ,-~~ .~8 a.~a~ 4. 1 he parties are subject this Honorable Court's Custody Order dated July 1O.2012. A copy of the Custody Order is attached hereto and marked Exhibit ``A". RELEVANT BACKGROUND IN SUPPORT OF MOTHER'S REQUEST ~. Elijah has been diagnosed with Autistic Disorder. He struggles with transitioning activities, focus, remaining on task and following directions. The Child can. be non-compliant, partic~ilarly with non-preferred activities, struggles with peer interaction and is unable to grasp social innuendos and cues. He becomes easily overwhelmed, will tantrum and becomes emotionally upset. The Child has experienced stimming behaviors, which include spinning, falling on the floor, rocking, and clicking his fingers. Elijah has received psychological and psychiatric services since approximately 2007. Dr. Sleber has evaluated and diagnosed Elijah for several years. Dr. Hermann is the Child's treating Psychiatrist and sees the Child periodically. 6. Emma was recently diagnosed with ADHD and will receive special education and psychological services. Dr. Sleber has recently evaluated Emma and Dr. 1-lermann treats this Child as well. 7. This Honorable Court has ordered a custodv evaluation in this matter, which is underway. Mother has been court ordered to front all the costs of the custody evaluation. 8. h'ather has requested that the Children be re-evaluated to ascertain whether the current diagnosis is valid or whether there are additional mental health issues present. Mother agreed to the evaluations, but Father has not scheduled nor obtained updated evaluations that he requested by September 7, 201.2, as Ordered by this Honorable Court on July 18, 2012. Oral argument on F'ather's request for Extension of Time to complete these evaluations is scheduled for October 25. 2012 at 8:30 a.m. 2 9. 1~ custody hearing is scheduled in this matter for April 3, 2013 before the Honorable M.L. l~bert, Jr. 10. Paragraph 3 (b) of the current Custody Order provides that the parents shall alternate Thanksgiving and Christmas with the Children with Father having Thanksgiving and Mother having Christmas in even numbered years and Father having Christmas and Mother having Thanksgiving in odd years. The exact days are to be arranged by mutual agreement. at Least thirty days before the holiday occurs. Father is obligated to pay for the holiday travel expenses. 11. Father elected not to exercise his holiday time in 2011. 12. bather has communicated that he intends to exercise his 2012 Thanksgiving holiday. 13. Father currently resides i.n Hawaii, which will require the Children to flv for more than ten (10) hours each way to visit their Father and return home. MOTHER'S REQUEST FOR SPECIAL RELIEF 14. Father has demanded that the Children be put on an airplane by a chaperone and fly without supervision. 15. Mother understands that a "chaperone" will simply put the Children on the plane and help them get off. No one will be providing regular supervision during the flight. Rather, a flight attendant wi I I periodically check on the Children. 16. Father insists that the Children do not require supervision during this fang flight. 17. Mother strongly believes that the Children should not fly without supervision given their ages, behavioral concerns and emotional issues. 18. I~r. Sleber and Dr. Hermann support Mother's position that the Children should not fly without supervision. See Dr. Hermann's letter attached as Exhibit `B". 3 ] 9~ 1Vlother has never agreed for the Children to fly alone. Historically,. 1~1[other has either flown with the Children or paid for a responsible adult to fly with the Children to ~~isit Father. Mother has historically paid for 4 round-trip tickets (2 for the children and 2 for the supervisor to fly out and back twice for Father's 6 week custody period) to ensure that the children were safe, secure and supervised. 20. Father has estimated that two round-trip plane tickets will cost around $3.000.00. 21. Mlother has presented Father with three flight schedule options showing that the estimated cost of each option is less then $3,000.00 for a supervisor to fly with the Children to Hawaii, round trip. Mother has offered to pay the costs for the supervisor to stay at a hotel in Hawaii and for a rental car. A copy of the flight schedule options are attached hereto and marked Exhibit '`C". 22. Mother has suggested that the Children's Grandfather fly with the Children. Grandfather has previously flown wish the Children to visit Father and they are comfortable with him. 23. Mother has requested that Father simply pay for Grandfather's plane ticket. 24. As set forth in the Order of Court, Father is responsible for holiday travel expenses. 25. bather refuses to pay for Crandfather's plane ticket. 26. vlother does not believe it is in the best interests of the Children to fly for such an extended period of time without supervision and she is unable to pay for Grandfather's ticket. 27. Mother desires that Father spend time with the Children over Thanksgiving and does not want to do anything to impede Father's custody rights. However, if Father does not pay for the supervisor's ticket, Mother believes it would jeopardize the Children if she would place them on the plane as demanded by Father. 4 WHEREFORE, Petitioner .~essica R. Greishaw. respectfully requests that this Honorable Cow-t order that the Children shall fly with a supervisor when they travel from Pennsylvania to Hawaii to visit Father over the Thanksgiving holiday as provided for in this Court's Order dated July 10, 2012, and that Father shall purchase three round-trip tickets for this trip and see to it that Mother is provided with the tickets at least ten (10) days prior to the Children's travel date. Respectfully submitted: LA W Date: ~~ --~~- - ebra R. Mehaffie, F,squire 608 N. 'Third Street ~rrisburg, PA 17 ] 10 ele: (717) 774-1357 Fax: (717) 774-0788 debm a hynumpc.com ,~, ~~ ' ---'''`_-. -i`~ f 5 ATTORNEY VERIFICATION Undersigned counsel, Debra R. Mehaffie, Esquire, hereby verifies and states that: 1. She is counsel for Jessica R. Greishaw in the above-captioned matter. 2. Ms. Greishaw has reviewed the foregoing :Petition via e-mail and verified that the facts set forth in the foregoing Petition are true and correct to the best of her kno~rledge, information and belief. 3. I~1s. Greishaw has authorized the undersigned to make this verification on her behalf and his original verification will be subsequently filed to substitute this Attorney Verification. 4. T'he facts set forth in the foregoing Petition are known to be true and correct to the best of the undersigned's knowledge, information and belief. 5. The undersigned is aware that false statements herein are made subject to the penalties of ~ 8 Pa. C.S. § 4904 relating to unsworn falsifications to authorities. Respectfully submitted: Date: ~ ~~ ~ ~--' -~-~ f ~~~ ~r~ ~ ~ ~ ~~ ~ ' bra R Mehaffie, Esquire I` . No. 90951 2 8 North 3`~ Street rrisburg, PA 17110 Tele: (717) 774-1357 6 CERTIFICATE OF SERVICE I hereby certify that on this _ day of October, 2012 I served the foregoing Special Relief Petition., by fax and first class mail, postage prepaid upon the individual(s) indicated belo~~°. addressed as follows: Thomas M. Clark, Esquire 130 Nest Chuxch Street, Suite 100 Dillsburg, PA 1701.9 r Date:.-- ~ ~--__~ ~~. e, Esquire ~~ .I~. No. 90951 um Law 08 N. Third Street Harrisburg, PA 17110 Tele: (717) 774-1357 Fax: (717) 774-0788 debm@hynumpc.com 7 TLVIO'''l~Y R. REED, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYL'~rANIA v. No. 08-4956 CNIL ACTION LAVd J)/SSICA R. REED, IN CUSTODY D efendaalt ORDER OF COURT y~r AND NOW this ~~ day of July 2012, upon consideration of the attached Custody Conciiiation Report, it is Ordered and Directed as follows: This Order is entered pursuant to s: Custody Conciliation Conference. A Custody lieari.ng s hereby scheduled on the ~ day of ~~. ~Pi,~ ; 2012 at 9==31~am/.~- in. Courtroom number ~ in the Cumberland County Court of Common Pleas, Carlisle, PA 17013 ar which time testimony will be taken in regard to the physical custody for the subject Children and whether it is in the Children's best interest to relocate into the primary care of Father in Hawaii. For purposes of this hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the ~'ourt ar~d opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the hearing and a summary of the anticipated Testimony of each witness. These Memoranda. shall be filed at least five days prior tc; the hearinE date. 2. Legal Custody: The Father, Timothy R. Reed, and the Mother, Jessica R. Reed, shall 'nave shared legal custody of Elijah James Reed, born 07/24/2002 and Emma Rose Reed, born 09/12/2004. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address.of the Children ar?d 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 othe- 1•iarent within such reasonable time as to make the records and information of reasonable use to the other parent. Physical Custody: Pending fiuther Order of Court or written mutual agreement of the parties, Mother shall have primary physica:. custody of the Child subject to Father's nartiai physical custody ~~ follows: ~:. Commencing summer 2009, Father shall have physical custody of the Children. from after school ends in the beginning of 3une (approximately June 5 or 6; 2009) and continuing for a period of approximately twenty-six days lur_til June 30 or July 1, 2009). The exact days shall be arranged by mutual agreement at least thirty (30) days before the summer break begins, and in all :rases shall be arranged so that Elijah will be able to attend his specialized summer came to the greatest extent possible. Mother shall be obligated to pay the summer time travel expenses for fhe Children, The parties may e7;pand these pe?-iocs 'b~.~ mutual agreement as is necessary or proper. b. The parents shall alternate Thanksgiving and Christmas with the Children. with Father having Thaxilcsgiving and Mother having Clu-istznas in even years and Father having Clu-istmas and Mother having Thanksgiving in odd years. These holiday periods shall be for approximately one week in duration. The exact days shall be arranged by mutual agreement at least thirty (34) days before the holiday occurs. Father shall be obligated to pay for the holiday travel expez.ses. ,.. Father shall additio:rzal periods of physical custody of the Children here ~n ?'ennsylvania by mutual agreement and witr. two (?! weeks' advance notice to i Mother. i 4. 'the non-custodial parent shall have Liberal telephone, text, email, Skype (or sirnila_ technology; contact with the Children on a reasonable basis. In the absence of a.greemertt, the non-custodial parent shall have contact two times per week. ~. "~ he parents have agreed to have the Children re-evaluated and/or updated for mental health diagnosis. The purpose of which i.s to undergo an evaluation to ascertain whether tiz.e current ~ diagnosis is valid. or whether there are additional mental health issues present. The cost of said evaluation is to be paid for by Father. Both parents shall have an opportunity io provide input and a right to provide records at least 30 days prior to the evaluation. The evaluatior, shall occur here in this jurisdiction (within a sixty mile radius of Mother's residence) or the evaluation shall be performed during Father's custodial periods. However, if the evaluation i :needs to be done farther that sixty miles from Mother's residence, Father shall make the ar-rangegnents (and pay for) the transportation. '~ 6. _'~ either part}- may say or do anything nor permit a third party to do or say anything that may estrange the Children from the otYier party, or injure the opinion of the Children as to the other party, or znay hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 7. In the event of a medical emergency, the custodial party shall notify the other part} as soon as aossible after the emergency is handled. 8. Relocation. The parties are advised that neither party shall hereafrer relocate the child or children if such relocation will significantly impair the ability of anon-relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the c'nild/children consents to the proposed relocation or. (b) the court approves the proposed relocation, The party seeking relocation must follour the. procedures required by 2 ~ Pa.C.S. X53,;. 9. 'I'bis Order is entered pursuant to a Custody Conciliation Conference. The pa--ties may modify the pr~•~~isions of this Order by mutual consent, In the absence of mutual consent. the terns of ~~~ a~~~ ~ control. Either party may contact the assigned conciliator to request a status ~~ i P~~9?~~r~~i~~~z~~~llhe scheduled hearing as necessary. ~~ :7' dr Gi ~ ~(~~ ZI~c' -" TRUE' o By the Court, In 7esfimon CC' Y FRC31V1 RICO ~endthe y i~~aaieof, I here RDC~, ~/~ n~~F%' ~i~'Or{~.~~~ ~~~_~ .~~`~ This- ~~serairn said,Counatuntosetft}f~'hara({~. ~__(~~J-~~ ~ -' •~~:?~+~1-t1~-ii_~ ~ C „of arlisle,-pa. G'~xi'a~ 2C fa _ .. I ~~~~~-rcL Profhonota ~ Disn-ibutiozz: Debz•a Mehaffie, Esquire, 2608 North 3rd Street, Harrisburg, PA 171.10 ' Thomas Clark. F?squire, 130 W. Church Street, Dillsburg, PA 17019 Joi~~z J. Mangan., Esquire TIMOTHY R, REED, IN THE COURT OF COMMON PLEAS O:F Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA ~~. No. 08-4956 CIVIL ACTION LA~~` JESSICA R. REED, IN CUSTODY Defendant . CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH 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: Name Date of Birth Currently in the Custody of Elijah James Reed .07/24/2002 Primary Mother Emma Rose Reed 09/12/2004 Primary Mother 2. A Conciliation Conference was held with regard to this matter on September 23, 2008, an Order issued October 14, 2008 and a conference was held June O5, 2012 with the following individuals in attendance: The Mother, Jessica R. Reed,: with her counsel, .Debra Mehaffie, Esq., The Father, Timothy R. Reed, did not appear, but was represented by his counsel, Thomas M. Clark, Esq. The Father's position on custody is as follows: Father currently has partial physical custody of the Children for approximately a month during the summer and alternating Thanksgiving and Christmas breaks. Father is in the military and currently in the state of Washington; his wife lives in AZ. However, Father indicates that he is moving to HI in July 2012. Father is requesting primary custody of the Children. Father asserts that Mother does not include him in regard to updates/decisions for the Children. Father questions whether the Children have been properly diagnosed and requests that a new n-ental health evaluation be conducted. Father has additional concerns that Mother has unilaterally converted the Children to Judaism without his knowledge. Father believes the Children would be better off in Hawaii with him and his wife. The issue of a custody evaluation was discussed, but Father and his counsel indicated that they are not in agreement of an evaluation. Father and his counsel assert that the instant matter is not a relocation case: 4. The Mother's position on custody is as follows: Mother requests that she maintain primary custody of the Children in this jurisdiction. Mother asserts that she has been very flexible in regard to Father and the custodial situation. Mother indicates that she keeps Father fully informed in regard to the Children's educational and medical issues. Mother alleges that Father does not believe or accept the Child/ren's medical diagnosis. F[owever, Mother would. consider an updated evaluation under certain circumstances as outlined in the proposed Order. Mother believes that the Children are thriving and being well taken care of. Mother does want a custody evaluation to be performed and thinks it would he beneficial. Mother and. her counsel assert that this is a relocation case as it impacts financial concerns for transportation as well as Father's request for primary custody with the Children in HI. 5. 'The Conciliator recommends an Order in the form as attached scheduling a Healing and entering an Order of Court regarding custody as outlined, It is the C;onciliator's belief that this would be in the Children's best interest. It is expected that the Hearing will require one day., 6. The proposed recommended Order may contain a requirement that the parties file a pre- trial memorandum with the Judge to whom the matter has been assigned.. Date Jo J. angan, Esquire Cu tod Conciliator Oct lE; 12 0?:50p Jeff Hermann 1?1?58321?4 p,2 ~OCT/lf!20i2,~'TU~ 0?.35 PM Teameare EH i'Ak~ ~Jo ?)7 ~°i777± ~ GG7!002 °~ ~ ~ r 8ehai~~ra! Health, L.~C 1806 Colonial Village i-ano SUIle 903 Lancaster, P~ 17601 date. l Oi 11/2012 Re: Errur~a Reed (DOB: 4/12/2004) a.a~3 Elijah Keed (DOB: 7/2412002) 'To who~r it inay concern: "!'his icttcr was written in a zespomse to a request frown the clients' tnothtr regarding an anticipated Ldsit with their father who lives in Hawaii. There aze significant concerns zegarding the children's ages acid ±.heir rnental health and behavioral coxtcezns zegarding an approximately 10 hour flight without adult supervision, Emma is a child who presents with pz~oblenas with attention and impulse centre: difficulties. Elijah has mote significant issuas including impaired social coaxtzx-uiueatior. skills, impulsivity, eznotioaal lability ertd aggressi.oz>„ 1 Feel that the childzen would zequire supervision on s Qigbt of this duration., Supervision would ideally consist of so>neane sittsng with the chiSdren on the plane. Sincerely, ~~~ ? ~ ~~ .~ ~~ Jeffrey 1-lermamt, M.D. Board Certified Child and Adolescent Psychiatrist '9 7.991.0172 `8Y' 717.391.77; 1 ~~ ~~`' Flight Options O tip on 1: Cost= $736 per ticket Total. cost= $2208 Depart Wed, Nov 21 EWR to HNL - 1 stop 15h OSm American Airlines -Flight 2083 4h lOm Ta1ce-off Wed 7:30a EWR Newark, NJ Landing Wed 10:40a DFW Dallas, TX Coach ~ McDonne[1 Douglas MD83 (Narrow-body Jet) ~ 4h IOir.~ Change planes DFW Dallas, TX 2h 20m American Airlines -Flight 5 8h 35m Take-off Wed l :00p DFW Dallas, TX Landing Wed 5:35p HNL Honolulu, HI Coach ~ Boeing 767-300 (Wide-body Jet) ~ 8h 35m Return Mon, Nov 26 HNI~ to EWR - 1 stopl3h 04m This flight leaves on Monday and arrives on Tuesday. American Airline;> -Flight 8 7h 20m Take-off Mop S:SSp HNL Honolulu, HI Landing Tue S:15a DFW Dallas, TX Coach ~ Boeing 76'1-300 (Wide-body Jet) 17h 20m Change planes DFW Dallas, TX 2h 2Gm .American Airlines -Flight 2018 3h 24m Take-off Tue 7:35a DFW Dallas, TX Landing Tue 11:59a EWR Newark, NJ Coach ~ McDonnel. Douglas MD83 (Narrow-body Jet) ~ 3h 24m ~ O t~ ion 2: I Cost= $781 per ticket "I'ota1= $2342 Depart Wed, Nov 21 EWR to HNL --nonstop l lh OOm United -Flight 15 '1h00m Take-off Wed 1:35p EWR Newark, NJ Landing Wed 7:35p HNL Honolulu, Hl Coach ~ Fare code: J~,LOEI4ZN ~ Boeing 767 (Wide-body Jet} ~ ~ lh OOm 492 miles ~ 9+ seats remain 3 Return Mon, Nov 26 HNL to EWR -- i stop 1 Sh 21m This flight leaves an Monday and arrives on Tuesday. United -~ Flight 218 7h 24m Take-off Mon 8; l Op HNL Honolulu, HI Landing Tue: 7:34a IAH Houston, TX Coach ~ Fare code: LLOEI4ZN ~ Boeing 777 (Wide-body Jet) ~ 7h 24m 3895 miles ~ 9+ seats remain Change planes IAH Houston, TX 4h 31m ?Jnited -Flight 1 `i 11 3h 26m Take-off Tue 12:OSp IAH Houston, TX Landing Tue 4:31p EWR Newark, NJ Coach ~ Fare code: LLOEI4ZN ~ Boeing 767-400 (Wide-body Jet) 3h 26m ~ 50% on time ~ 1.397 miles ~ 9- seats remain Option 3: Cost per ticket $684 I Total ~2050~ i' Depart Tue, Nov 20 EWR to HNL -nonstop 1 lh OOm United -Flight 15 1 lh OOm Ta1ce-off Tue 1:35p EWR Newark, NJ Landing Tue 7:35p HNL Honolulu, HI I Coach ~ Fare code,: GRCOFS ~ Boeing 767 (Wide-body Jet) ~ 11 h C`Om 4962 miles ~ 9+ seats ren-,ain Return Mon, Nov 26 HNL to EWR- - 1 stop 12h 17m This flight leaves on Monday and arrives on Tuesday, United - Flight ZI8 ' 7:n 24m ~ Take-off Mon 8; l Op HNL Honolulu, HI Landing Tt~e 7:34a IAH Houston, TX Coach ~ Fare code: TLOEI4ZN ~ Boeing 777 (Wide-body Jetj ! 71i 24m ~ 3895 miles ~ 7 seats rerrrain ~ Change planes LgH Houston; TX lh 24m United --Flight 1.188 3h 29m Take-off Tue 8:58a IAH Houston, TX Landing Tue 1:27p EWR. Newark, NJ Coach ~ Fare code: TLOFI4ZN ~ Boeing 737-700 (Narrow-body :lei; ~ ~ 3h 29m ~ 60% on time ~ ;_397 miles ~ 7 seats remain 4 TIMOTHY REED, Plaintiff V JESSICA REED, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 08-4956 CIVIL TERM IN RE: FATHER'S MOTION FOR EXTENSION OF TIME ORDER OF COURT AND NOW, this 25th day of October, 2012, upon consideration of the Father's Motion for Extension of Time to complete evaluation, and the court having been advised that the father has made arrangements to have the son evaluated by a doctor in Hawaii during the Thanksgiving vacation trip, IT :IS HEREBY ORDERED AND DIRECTED that the Motion for Extension is granted. The father shall complete the evaluation and provide the court with a copy o:E the evaluation on or before December 14, 2012. By the Court, Thomas M. Clark, Esquire Far the Plaintiff ~ Debra. R. Mehaffie, Esquire For the Defendant mtf ~-op; ~'S , loo( 0 ~5~~ t.! C .. ~ N ""i ~ ~ ~ ~ ~-' :_ ~, '~ -~ ~ ._; , -~ cY ~~ f", ^ 7 ~ ~~ rv ~,, _~. c:a ~= ~% TIMOTHY REED, Pl<~intiff T, JESSI(~A REED, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 08-4956 CIVIL TERM IN RE: PETITION FOR SPECIAL CUSTODY RELIEF ORDER OF COURT AND NOW, thi:~ 25th day of October, 2012, upan consideration of the Petition for Special Custody Relief filed by mother, IT IS HEREBY ORDERED AND DIRECTED thar_ father's mother will be allowed to accompany the children an the flight. to Hawaii. By the Court, ~~ ~~'~ ,. ,. M. L. Bert, Jr. , J. :-~ L~ ~ _, .Y~l !~ ~~ / Thomas M. Clark, Esquire ~~ d ~.,~~4` For the Plaintiff ~rx-' ~ =~~`;~; ~': .~ ~ ~' c !/Debra R. Mehaffie, Esquire ~.:~ -n ;~~: Far the Defendant ~"~ ~ ;~--- :~ c ~.~ ~..:, 1 ~. ~: _.; ~ ` ~' , ~ _ ~~ ~ = ~~GL Hynum Law, P.C. By: Debra R. Mehaffie, Esquire f ' I.D.No. 90951 3 Pf, P, 7 2608 North 3rd Street Harrisburg, PA 17110 I YLo COUNTY Tele: (717) 774-1357 Aft] Fax: (717) 774-0788 Debm @hynumpc.com Attorney for Jessica R. Greishaw, Defendant TIMOTHY R. REED, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff -v- : NO. 2008-4956 JESSICA R. REED, n/k/a JESSICA R. GREISHAW, : CIVIL ACTION- LAW Defendant : IN CUSTODY MOTION FOR CONTINUANCE NOW COMES, the Defendant, Jessica R. Greishaw, by and through her counsel, Hynum Law, P.C. and Debra R. Mehaffie, Esquire who files the following Motion for Continuance, and in support thereof avers as follows: 1. Plaintiff Timothy R. Reed(hereinafter"Father"), who resides at 254-101 Abbott Street, Wahiawa, HI 96786. 2. Defendant is Jessica R. Greishaw(hereinafter"Mother"), who currently resides at 60 Briardale Road, Dauphin, Dauphin County, Pennsylvania 17018. 3. Mother and Father are the parents of two (2)minor children, namely Elijah J. Reed, born July 24, 2002 (age 10) and Emma Rose Reed, born September 12, 2004 (age 8). 4. The parties are subject to this Honorable Court's Order of Court dated July 10, 2012 entered by the Honorable M.L. Elbert Jr., pursuant to the Custody Conciliation Report dated, July 2, 2012. 5. This Honorable Court issued an Order on July 18, 2012 for a custody evaluation to be completed by September 28, 2012. 6. The parties agreed for Deborah L. Salem, CAADC, LPC to complete the custody evaluation. 7. A Custody Hearing was scheduled for October 8, 2012,however that hearing was continued until April 3, 2013 because the custody evaluator was unable to complete the report by September 28,2012. 8. Ms. Salem's report was due on March 18,2013,however she requested a few additional days to complete the report. Counsel for the parties did not object to Ms. Salem's request. 9. Ms. Salem issued a letter dated March 19, 2013 that outline general recommendations that will be a part of her final report. Ms. Salem indicated in this letter that her recommendations for summer will not be available until mid-May at the earliest due to the way summer services are determined for Elijah. 10. Ms. Salem further indicated in her letter of March 19, 2013 that she can clearly state at this time that she will not be recommending a change in Mother's primary custody and she will be recommending as much time with Father as possible in the children's free time and she is looking into options for services for Elijah in Pennsylvania and Hawaii, However, Ms. Salem has stated that there is no way to determine how this will be carried out until recommendations are made in May about services for Elijah. 11. Given that the custody evaluator has indicated that her recommendations will not be complete until mid-May at the earliest, Mother is requesting a continuance of the 2 April 3, 2013 custody hearing and the pre-trial deadlines set forth in the Order scheduling the hearing. 12. Mother's counsel contacted chambers prior to drafting this motion and learned that the earliest possible date for a full day custody hearing is June 12, 2013 at 9:30 a.m. 13. Plaintiff's Attorney Tom Clark has indicated that Father does not oppose a continuance of the hearing, but Father is requesting a hearing date before the summer vacation commences, which is set to start after June 6, 2013. It is noted that Father does have court ordered summer custody time provided in the current Order of custody. WHEREFORE, Defendant Jessica R. Greishaw respectfully requests that this Honorable Court continue the April 3, 2013 Custody Hearing and schedule a full day hearing for June 12, 2013 at 9:30 a.m. Respectfully Submitted: iFax: w, P.C. Date: BMehaffie, squire 0951h 3rd Street ,PA 17110 ) 774-1357 774-0788 Debm@hynumpc.com 3 4 CERTIFICATE OF SERVICE I, Savannah M. Little, Paralegal, hereby certify that on this day of March, 2013 I served the foregoing Motion, by first class mail, postage prepaid upon the individual indicated below, addressed as follows: Tom Clark, Esquire Colgan and Associates LLC 130 West Church Street Suite 100 Dillsburg, PA 17019 (Counsel for Father) Date: ,-3%]T'�) 41ahM.Tjittle. ara e Hynum Law, P.C. 2608 N. Third Street Harrisburg, PA 17110 Tele: (717) 774-1357 Fax: (717) 774-0788 slittle @hynumpc.com 4 TIMOTHY R. REED, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-4956 c--3 `- -v- : CIVIL ACTION-LAW MU girt IN CUSTODY 0 JESSICA R. REED, -+c-� «� n/k/a JESSICA GREISHAW Defendant , =1 ORDER AND NOW, this day of , 201-, upon consideration of the Motion for Continuance, it is hereby ORDERED that the Motion GRANTED. The custody evaluator Deborah L. Salem shall complete e custody evaluation and provide a copy of her report to the Court and the parties to include recommendations for summer on or before The custody hearing scheduled for April 3, 2013 is rescheduled for a- 2013, at 9,"310 A.M. / was. in Courtroom No. J_ at the Cumberland County Courthouse. The parties shall comply with all other terms and conditions set forth in this Court's Order dated July 10, 2012. BY THE COURT: M.L. E B T, J`1rJDGE Distribution: The Honorable M.L Elbert, Judge ✓Debra R. Mehaffie, Esquire, 2608 North 3`d Street, Harrisburg, PA 17110 ✓Tom Clark, Esquire, 130 West Church Street, Suite 100, Dillsburg, PA 17019 Deborah L. Salem, CAADC, LPC, 4335 N Front St#A Harrisburg, PA 17110 e8P`e5 4 r4 a Hynum Law, P.C. - By: Debra R. Mehaffie, Esquire =r" — I.D.No. 90951 2608 North 3rd Street Harrisburg, PA 17110 T _ a Tele: (717) 774-1357 -' :-,. Fax: (717) 774-0788 Debm @hynumpc.com Attorney for Jessica R. Greishaw, Defendant TIMOTHY R. REED, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff -v- :NO. 2008-4956 • JESSICA R. REED, nikla JESSICA R. GREISHAW, : CIVIL ACTION - LAW Defendant : IN CUSTODY MOTION FOR CONTINUANCE NOW COMES, the Defendant, Jessica R. Greishaw, by and through her counsel, Hynum Law, P.C. and Debra R. Mehaffie, Esquire who files the following Motion for Continuance, and in support thereof avers as follows: 1. Plaintiff is Timothy R. Reed (hereinafter"Father"), who resides at 254-101 Abbott Street, Wahiawa, HI 96786. 2. Defendant is Jessica R. Greishaw(hereinafter"Mother"), who currently resides at 60 Briardale Road, Dauphin, Dauphin County, Pennsylvania 17018. 3. Mother and Father are the parents of two (2) minor children, namely Elijah J. Reed, born July 24, 2002 (age 10) and Emma Rose Reed, born September 12, 2004 ( age 8). 4. The parties are subject to this Honorable Court's Order of Court dated July 10, 2012 entered by the Honorable M.L. Elbert Jr., pursuant to the Custody Conciliation Report dated, July 2, 2012. 5. This Honorable Court issued an Order on July 18, 2012 for a custody evaluation to be completed by September 28, 2012. 6. The parties agreed for Deborah L. Salem, CAADC, LPC to complete the custody evaluation. 7. A Custody Hearing was scheduled for October 8, 2012,however that hearing was continued until April 3, 2013 because the custody evaluator was unable to complete the report by September 28, 2012. 8. Ms. Salem's report was due on March 18, 2013, however she requested a few additional days to complete the report. Counsel for the parties did not object to Ms. Salem's request. 9. Ms. Salem issued a letter dated March 19, 2013 that outline general recommendations that would be a part of her final report. Ms. Salem indicated in this letter that her recommendations for summer will not be available until mid-May at the earliest due to the way summer services are determined for Elijah. 10. Ms. Salem further indicated in her letter of March 19, 2013 that she could clearly state at that time that she would not be recommending a change in Mother's primary custody and she would be recommending as much time with Father as possible in the children's free time and she was looking into options for services for Elijah in Pennsylvania and Hawaii. However, Ms. Salem stated that there was no way to determine how this will be carried out until recommendations were made in May about services for Elijah. 11. Based upon the custody evaluator's need for additional time, Mother filed an unopposed Motion to Continue the custody hearing. 2 12. This Honorable Court entered an Order dated March 28, 2013 providing Ms. Salem until May 31, 2013 to complete the evaluation, including her recommendations for summer and the custody hearing was rescheduled for June 12, 2013 at 9:30 a.m. 13. Ms. Salem was unable to complete her report by May 31, 2013 and she did not provide a complete report to counsel until close to the end of business on June 3, 2013. 14. Counsel for the parties and Ms. Salem discussed the report on June 6, 2013. Ms. Salem indicated that she would like to know that Father has similar summer services set up for Eli in Hawaii. On that same date counsel for the parties discussed possible resolution in this matter and Attorney Clark indicated he would attempt to acquire information from Father concerning the summer services established in Hawaii for Eli. 15. Based upon counsel's discussion and the assumption that Father has services set up for Eli upon his arrival in Hawaii, Mother's counsel drafted a proposed custody Order for Father's consideration consistent with the recommendations made by Ms. Salem and e-mailed this to Father's Counsel on June 6, 2013 with the understanding that counsel for the parties would confer on June 7, 2013 in an attempt to resolve this matter without a hearing. Counsel did briefly confer at 4:00 p.m. on this date, but agreed that more time is needed to finalize an agreement. 16. Ms. Salem has requested that she be paid by end of business on June 7, 2013 to appear at the June 12, 2013 custody hearing. Ms. Salem's retainer is not refundable and Mother cannot afford to pay Ms. Salem to appear at trial, given that she borrowed funds to pay for the custody evaluation in full. 3 • 17. Mother is optimistic that this matter can be settled consistent with Ms. Salem's recommendations, however it is not certain that settlement can be reached before trial given the involved individuals' schedules and the distance of the parties. 18. Therefore, Mother is requesting a short continuance to allow the parties sufficient time to settle this matter without the need for trial and if settlement is not possible, allow time for the parties to subpoena necessary witnesses and pay expert fees. 19. Mother notes that Father is entitled to Court Ordered custody time this summer and she is wiling to cooperate so that Father can spend time with the children pending resolution of his matter. 20. Attorney Clark could not reach Father to obtain his concurrence to continuance of the hearing at this time. WHEREFORE, Defendant Jessica R. Greishaw respectfully requests that this Honorable Court continue the June 12, 2013 Custody Hearing and schedule a full day hearing within the next three (3)weeks. Respectfully Submitted: Hy fi' Law, P.C. Date: I By: Ala R. Mehaffie, Esquire Iry� o. 90951# North 3`d Street r isburg, PA 17110 ele: (717) 774-1357 Fax: (717) 774-0788 Debm @hynumpc.com 4 A CERTIFICATE OF SERVICE I, Debra R. Mehaffie, Esquire, hereby certify that on this day of June, 2013 I served the foregoing Motion, by first class mail, postage prepaid upon the individual indicated below, addressed as follows: Tom Clark, Esquire Colgan and Associates LLC 130 West Church Street Suite 100 Dillsburg, PA 17019 (Counsel for Father) ) Via fax 51 50 Date: 0 A , h,),,,, A-4 Are D'. • . Mehaffie, Esquire stn Law, P.C. (6e8 . Third Street a isburg, PA 17110 e: (717) 774-1357 Fax: (717) 774-0788 slittle @hynumpc.com 5 ■ TIMOTHY R. REED, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V 2008-4956 CIVIL TERM JESSICA R. REED, k/n/a CIVIL. ACTION - LAW JESSICA GREISHAW, Defendant IN CUSTODY IN RE: CUSTODY ORDER OF COURT AND NOW, this 12th day of June, 2013, after hearing in the above-captioned matter, the parties will be given until the close of business on June 21, 2013, to submit to the Court any cases they feel relevant to the issue of allocation of fees for this custody evaluation. By the Court, �%'-�� �JA M. L. Ebert, Jr. , J Thomas M. Clark, Esquire For the Plaintiff V Debra R. Mehaffie, Esquire ct For the Defendant ile :mtf � d LD -�, --� _� r r- cn r— ) _ ? ; ? C! as TIMOTHY R. REED, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff -v- : NO. 2008-4956 "'�r JESSICA R. REED, � °P' r--- n/k/a JESSICA R. GREISHA _ CIVIL ACTION -LAW � ' CD Defe dant : IN CUSTODY CO_ - ORDER OF COURT—PARENTING PLAN AND NOW, this 12`'' day of June, 2013, pursuant to an agreement regarding the above-captioned parents' physical and legal custodial responsibilities of their minor children, Elijah J. Reed, DOB: July 24, 2002 and Emma Reed, DOB: September 12, 2004, it is hereby ORDERED AND DECREED, in the child(ren)'s best interests that the "Parenting Plan" shall be as follows: 1. Legal Custodial Responsibilities: The parents shall jointly share their various legal custodial responsibilities for their child. a. Major parental decisions concerning their child(ren), including, but not limited to, their child(ren)'s health, medical, dental & orthodontic treatment, mental and emotional health treatment, education, religious training and moral upbringing shall be made jointly by the parents, after discussion and consultation with each other, with a view toward obtaining and following a harmonious parenting plan, not in their own individual best interests, but rather in their child(ren)'s best interests. b. Absent an emergency, neither parent shall obtain medical care and/or have an initial interview with any health caregiver in the absence of the participation of the other parent. C. Any parent granted sole or shared legal custody has the right to access the child's medical, dental, religious and school records, the address of the child and any other related information in accordance with 23 Pa.C.S.A. § 5336(a). d. Each parent shall execute any and all legal authorizations so that the other parent may obtain information from their child's schools, physicians, dentists, orthodontists, counselors, psychologists, or other similar individuals or entities concerning their child(ren)'s progress and welfare. e. Both parents shall arrange for the child's school to provide both parents identical information. Both parents shall provide to the other parent on a weekly basis, all school papers, projects, or other products of the child's development, and mutually share those items as fully as possible. f. The parents shall, in advance, discuss and attempt to reach a mutual agreement regarding the following matters: their child's enrollment or termination in a particular school or school program, advancing or holding their child back in school, authorizing enrollment in college, authorizing their child's driver's license or purchase of an automobile, authorizing employment, authorizing minor child's marriage, enlistment in the armed forces, approving a petition for emancipation, authorizing foreign travel, passport application or exchange student status. g. Neither parent shall impair the other parent's rights and responsibilities for their shared legal custodial responsibilities for their child. h. Parents shall civilly and respectfully communicate about co-parenting legal custody issues and changes in schedules via letters, faxes, texts or e-mail or private social media cite. 2. No Conflict Zone and General Rules of Conduct: a. The parents shall not alienate the affections of their child from the other parent and the other parent's extended family and shall make a special conscious effort not to do so. To the extent possible, the parents shall prevent third parties from alienating the child's affections from the other parent as well as the other parent's extended family. b. The parents shall establish a No-Conflict Zone for their child and refrain from making derogatory or uncomplimentary comments about the other parent in the presence of their child and to the extent possible, shall not permit third parties from making such comments in the presence of their child while in their physical custody, whether they are sleeping, awake or in another room. C. It shall be the duty of each parent to uphold the other parent as one the child should respect and love. d. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as Mom, Dad, your grandmother, etc. e. The parents shall refrain from encouraging their child to provide reports about the other party. Communication should always take place directly between parents, without using their child or others as an intermediary or spy on the other parent. It is harmful to the child to be put in the role of a spy. 2 f. The child shall be protected by the parents from individuals with poor character (including, but not limited to, individuals involved with illegal activity, immoral or intemperate behavior, or violent propensities). The parents shall, to the extent possible, avoid contact with such individuals of poor character. It sets a bad example and may corrupt the morals of the child. g. The parents should remember that they cannot teach the child proper moral conduct by indulging in improper conduct themselves. Children are quick to recognize hypocrisy and the parent who maintains a double standard will lose the respect of their child. h. The parents shall not permit their child to be exposed to or participate in interactive excessively violent video games based upon their understanding that violent video games increase aggression, physiological desensitization to violence and decreases pro-social behavior. The parents shall also monitor the children's use of the internet. The parties shall adhere to the ratings on the games per the entertainment software review board. The following links are online articles that can give you some guidance with video games: http://arstechnica.com/gaming20lO/l2/parenting`and-video- ag mes/ http://www.psychologytoday.com/blog/great-kids- rg eat-parents/201104/kids- parents-and-video-games i. The parents shall not conduct arguments or heated conversation when they are together in the presence of their child. j. It is in the child's best interest for the parents and all adults to understand that the child is trying to desperately cope with the custody litigation and related issues, and need help in loving both parents, rather than interference or censure. k. The parents shall, at all times, consider the child's best interests, and act accordingly. 3. Physical Custodial Responsibilities: a. The parents shall share physical custodial responsibilities for their child, as outlined in Paragraph 4 herein. b. All physical custodial exchanges shall be handled professionally, under a "no conflict zone," abiding by all techniques set forth in reputable parental educational materials, to avoid conflict, anxiety, and other emotional harm to the child. C. Day-to-day decisions shall be the responsibility of the parent then having physical custodial responsibilities. Each parent shall notify the other of any 3 activity or circumstance concerning their child that could reasonably be expected to be of concern or interest to the other parent. d. With regard to any emergency decisions which must be made, the parent having physical custodial responsibility for their child at the time of the emergency shall be permitted to make any necessary immediate decisions. The parent having physical custody shall notify the other parent immediately or as soon as reasonably possible of the emergency. e. In the event of a child's serious illness, the parent then having physical custodial responsibility shall immediately inform the other parent by telephone or any other means, as to the nature of the illness. During such illness, each parent shall have the right to visit the child, consistent with the medical status of the child. f. If a child is taking medication, an adequate supply of that medication or a prescription for the medication shall be given to the other parent at the custodial exchanges. An adequate supply of the child's recommended nutritional supplements and non-prescription medication and supplies, if any, shall be maintained by each parent. g. The parent with physical custodial responsibilities for their child during any given period of time shall communicate in a prompt fashion with the other parent concerning the well-being of their child, and shall appropriately notify the other parent of any changes in health or educational progress. h. Each parent shall promptly notify the other parent of, and invite to major events in the child's lives, including but not limited to graduations, awards presentations, performances, academic and athletic competitions and similar extracurricular activities. i. Each parent shall have and encourage reasonable telephone contact with the children no more or less than three times a week unless the parents negotiates less time with the children or the children request to call other parent more than three times for reasons other than to disturb the discipline being delivered by the custodial parent. Calls initiated by the children should occur no more than once each day that there is not a scheduled call. Neither parent shall entice the children to feel a loss about not being with the other by discussing events that are occurring that the children are missing. Neither parent shall entice the children with things that will occur when they get back home. j. The parents will not deviate from the regular custody schedule because of their child's birthday. k. Each parent should promptly and politely respond to the other parent's telephone calls, text messages, faxes and emails regarding the child. 4 1. If one parent will be late for a physical custodial exchange they shall call or text the other parent as soon as possible but no later than 30 minutes prior to the appointed meeting time. 4. Physical Custodial Responsibility Schedule: a. Mother shall maintain primary physical custody of their children. b. Father shall have partial physical custodial responsibilities for their children in accordance with the following schedule: i) In odd numbered years, three days after the last day of school until ten days before the first day of school and in even numbered years, ten days after the last day of school until three days before the first day of school. ii) Such additional times as the parents can agree. C. In odd numbered years, Father shall have custody from the day after the children are dismissed from school for their Winter Break and continuing until the day before the children are to return to school from their Winter Break. In even numbered years, Mother shall have custody from the day after the children are dismissed from school from their Winter Break and continuing until the morning of December 26' and Father shall have custody from December 26' until the day before the children are to return to school from their Winter Break. Mother shall have the option of extending Father's holiday custody to arrange for the best flight rates. The parties agree that the children may miss up to two days of school to extend Father's holiday custody. 5. General Custodial Schedule Provisions: a. The parents may revise this schedule upon written agreement and should be flexible for the sake of the child. b. Each parent shall have the option of proposing temporary time or date variations to the other parent when special recreational or other unexpected opportunities arise. The parent asking for the change in schedule shall ask the other parent by email/text or by phone no later than 1 week prior. The parent being asked for the change will reply either by email/text or by phone no later than 24 hours after the request is made. If the parents cannot agree, the parent receiving the request will make the final decision. 5 C. In the event certain provisions in this Parenting Plan are inconsistent, then the provisions set forth concerning specific holidays and vacations shall supersede provisions concerning weekends. d. Physical custodial rights shall be exercised at reasonable hours and under circumstances reasonably acceptable to the other party and to the needs and desire of the minor child. e. If a parent finds they are unable to keep an appointed exchange time or other appointment for the child, they should give immediate notice to the other parent, so as to avoid subjecting the child to unnecessary apprehension and failure of expectations. f. The parent relinquishing physical custodial responsibility should prepare the child both physically and mentally for the transfer of custody to the other parent and have them available at the time and place mutually agreed upon. 6. Transportation: a. Transportation shall be shared equally by the parents with Father paying for the children and an escort to fly with the children to commence his periods of custody and Mother paying for the children and an escort to fly with the children to commence her periods of custody. b. Until otherwise recommended by Deborah L. Salem, CADDC, LPC, or by mutual agreement of the parents, the children shall always be accompanied on an airplane for the duration of the flight by one of the children's relatives or a V party mutually agreed to by the parties, which shall not be an airline escort, but rather someone who the children are familiar and comfortable with. The parties shall notify each other at least 30 days in advance of purchasing plane tickets of the person who is to escort the children on the airplane. If a parry does not approve of the other party's selection, he or she may select the escort or he or she can travel with the children, at the expense of the party who disagreed with the other party's choice. Both parties shall cooperate so that plane tickets can be purchased at the most reasonable fare and in a manner that ensures that the escort can fly with the children. Travel plans shall be shared between the parents 30 days prior to the date of departure and both parents will arrange flights that do not unnecessarily burden the other to take or receive the children at the airport. 7. Extracurricular Activities: a. The parents shall organize ways for their child to maintain their friendships and other special interests, regardless of which household in which they reside. 6 b. Each parent shall provide the other with at least seventy-two (72) hours advance notice of school or other activities and two weeks' or greater advance notice whenever possible. C. Both parents shall honor and be supportive of the extracurricular activities in which the child wishes to engage. 8. Child(ren)'s Property: Toys, clothes, etc. shall not become matters of contention between the parents as these generally are the child's property, not the parents', entitling the toys or clothes to be taken by the child and back with the child, as reasonably appropriate. 9. Family Gatherings: The parents shall permit and support their child's access to all family relationships. Special family events such as' weddings, family reunions, family gatherings, funerals, graduations, etc. shall be accommodated by both parents with routine visitations resuming immediately thereafter. 10. Child-Care Providers: a. The telephone numbers of any and all child-care providers shall be provided by both parents to each other. Parents shall provide one another with a phone number and address where their child may be contacted at all times, whenever reasonably possible. This principle applies to situations such as vacations with friends and their families. 11. Coordination of Services for the Children: a. All future treatment planning for the children shall be done with both parents. Father is encouraged to participate by conference call in the school year and Mother by conference call during the summer when possible or each can be interviewed separately by the treatment professionals. b. Both parties shall provide the other with the names and contact information of all treating professionals for the children, including medical, dental and psychological. Mother shall provide Father with the name and contact information for the children's classroom teachers and Therapeutic Support Staff ("TSS") by the end of the first week of school or within a week from the date that Mother knows the name and contact information for the TSS. C. Father shall see to it that recommended services for the children are coordinated to occur in Hawaii for summer 2013 and thereafter by Father seeking out services commensurate wi the recommendations from the children's current treatment staff. Father shall b apprised of services recommended for the children for the summer in enough time o secure services for them and to allow the professionals in Pennsylvania to have a exchange with the professionals in Hawaii or wherever Father may reside. Both arents shall sign the necessary consents / authorizations to 1� allow treatment providers to communicate with both parents about the children's progress, services and recommendations. Mother shall be apprised of services recommended for the children in Hawaii and she shall be provided with periodic updates on the children's progress to coordinate a comprehensive treatment plan for the children among all professionals working with them. Father shall be apprised of services recommended for the children in Pennsylvania and he shall be provided with periodic updates on the children's progress to coordinate a comprehensive treatment plan for the children among all professionals working with them. 12. Illegal Drugs. Tobacco and Alcohol: a. The parents shall not possess or use any illegal controlled substances, nor shall they consume alcoholic beverages to the point of intoxication within 12 hours neither prior to or during periods of physical custodial responsibilities, nor smoke tobacco inside their residence or vehicle. The parents shall likewise assure that other household members and/or house guests comply with this prohibition. b. If a party shows up for a visit under the influence of alcohol or drugs or smoking, the visit may be considered forfeited on those grounds alone. 13. Electronic Contact: a. Each parent shall be entitled to reasonable (not excessive) phone calls, as outlined in Paragraph 3(i) above, a-mails and/or text messaging contact with their child when in the custody of the other parent. Both parents shall establish an e-mail address for themselves and their child for e-mail communication or Skype between the parents for communication with their child. b. Each parent shall send an e-mail once a week to update the other parent about their observations of the child's emotional, mental, physical status and/or developmental milestones. 14. Relocation: a. Neither parent shall permanently relocate if the relocation would necessitate a change in the physical custodial schedule or significantly impair the ability of the non-relocating party to exercise physical custodial responsibilities. b. Both parents are always encouraged to relocate closer to each other's residence. C. The parent proposing relocation must notify all parties in accordance with 23 Pa. C.S. §5337 as set forth in Exhibit A attached to this Order. 8 d. No parent may relocate their residence, as term "relocation" is defined by the Pennsylvania Custody Act, unless the other parent consents in writing or the Court approves the proposed relocation. 15. Modifications or Disputes about this Order: a. The terms of this Parenting Plan may be modified by mutual agreement of both parents, which is best memorialized if placed in writing and signed by both parents, when such modifications are in the best interests of the child. b. Both parents shall use their best efforts to engage in joint decision- making with respect to the child. C. In the event the parents are unable to reach an agreement, they shall exchange written proposals, including appropriate explanations of their positions, after which they shall discuss their modification proposals, if necessary, to reach a decision in the best interest of their child. The Parents can also seek an updated custody evaluation from Deborah L. Salem. 16. Contempt: a. Certain rules of conduct set forth in this Court Order are included in most custody matters. They are binding on both parties as are all other provisions. b. If a parent does not follow any provision in this Order, that violation could become the subject of contempt proceedings before this Court which could result in fines and up to 6 months' incarceration, and could constitute grounds for modification of the legal and physical custody provisions in this Order. 17. Enumerated Offenses: a. Neither parent has been convicted or pled guilty or no contest to a criminal offense set forth in 23 Pa. C.S. §5303. 18. Custody Hearing Cancelled: a. The parents agree that this Agreement shall be submitted to the Court of Common Pleas of Cumberland County, Pennsylvania, for approval and for entry of an Order awarding custody as set forth herein. It is also the intention of the parties that this agreement be confirmed by an Order of Court, without requiring their presence before this Court, pursuant to Pa. Rule of Civil Procedure 1915.7. The parties further agree that this Agreement replaces and supersedes all prior agreements concerning custody of the child and hereby request that this Agreement be entered as an Order of Court. The parties request that the custody hearing scheduled for June 12, 2013 be cancelled. 9 19. Signatures: s c . Greishaw, Mother T thy R. Reed, Father /a/J ssica R. Reed � W to s Witness BY THE COURT: M.L. Ebert, Judge Distribution: �mas M. Clark, Esquire, 130 W. Church Street, Suite 100, Dillsburg, PA 17019 — Attorney for �Plaaiintiff � Debra R. Mehaffie, Esquire, 2608 N. 3rd Street, Harrisburg, Pa 17110-Attorney for Defendant 026 I-es ?I-lif,040 xyls 10 EXHIBIT A. REQUIREMENTS REGARDING RELOCATION OF RESIDENCE . A relocation is a move or change of residence that will significantly impair the ability of the non-relocating party-to easily exercise periods of custody. You cannot relocate with the child(ren)without following these procedures. If you are contemplating such a move, you are striongly urged to seek the advice of an attorney to-make sure.that you are following the procedures. You are not permitted to relocate your residence without either: • The consent of every individual who has custody rights to the•child(ren) to the proposed relocation OR The court approves the proposed relocation. NOTICE 1. The party proposing the relocation must notify every other party who has custody rights to the child(ren) of the-proposed move by certified motif, return receipt requested. You should complete the attached "Notice of Proposed Relocation to Be Completed,by Party Intending To Relocate" and send the notice to all other parties by certified mail, return receipt requested. 2. Notice must be given 60 days before the date of the proposed relocation OR 10 days after the date that the party knows about the relocation only if the individual did not know and could not have reasonably known about the relocation in time - �------ —to comply with the-60 days-notice or it-is not-reasonably-possible-to tleiay-the�- ------ -!- date of relocation to comply with the 60 day notice: 3. You must include with this mailing the attached "Counter-Affidavit Regarding Relocation". The other parties must complete this form to indicate their position with regard-to the proposed move. WHAT DO(ES)THE-OTHER PARTY(IES) DO WHEN THEY RECEIVE THE NOTICE AND. COUNTER-AFFIDAVIT? _ 1. If you receive a notice and a counter-affidavit, you must complete the counter- affidavit and file with the Prothonotary's'Office this completed counter-affidavit within 30 days from the day you receive the notice and counter-affidavit. If you fail to file this counter-affidavit within the 30 days, you will be foreclosed from objecting to the relocation. 2. If the counter-affidavit is.timely filed and the party objects to the proposed relocation or objects to the proposed modification of the custody order, a hearing will be held. 3. You must serve the other party with the Counter-Affidavit by certified mail, return receipt-requested. 4. If notice.of the proposed relocation has been properly given and no objection to the proposed'relocation has been filed with the Prothontoary, then it will be presumed that the nonrelocating party has consented to the proposed relocation. 5. If a party who has been given proper notice does not file with the court'an objection to the relocation within 30 days after receipt of the notice but later petitions the court for review of the custodial arrangements, the court shall not accept testimony challenging the relocation. WHAT DO I'DO IF NO OBJECTION TO THE PROPOSED RELOCATION IS FILED? The party proposing relocation shall file the following with the Prothonotary prior to relocation: 1. An affidavit stating that the party provided notice to every individual entitled-to notice, the time to file an objection to the proposed relocation-has passed and no individual entitled to receive notice has filed an objection to the proposed relocation. 2. Proof that proper notice was given in the form of a return receipt with the signature of the addressee and a copy of the full notice that was sent to the addressee. . 3. 'A petition to confirm the relocation and modify any existing custody order, and 4. A proposed order containing the information in the notice. WHAT DO I DO IF A COUNTER-AFFIDAVIT IF FILED WITH THE PROTHONOTARY THAT INDICATES THERE IS NO OBJECTION TO-THE PROPOSED RELOCATION i AND NO OBJECTION TO THE MODIFICATION OF THE CUSTODY ORDER CONSISTENT WITH THE PROPOSAL FOR A REVISED CUSTODY SCHEDULE? • The court may modify the existing custody order by approving the proposal for a revised custody schedule submitted with the Notice. You should submit a proposed order with distribution and attach a copy of the notice and the{courter-affidavit. WHAT DO I DO IF A COUNTER-AFFIDAVIT IS FILED WITH THE PRGTHONOTARY WHICH INDICATES THAT THE NONRELOCATING PARTY OBJECTS EITHER TO THE PROPOSED RELOCATION OR TO THE MODIFICATION OF THE CUSTODY ORDER? You should file a motion for a hearing with the Prothonotary's Office. The matter will be assigned to a.judge for the scheduling-of a hearing and disposition. TIMOTHY R. REED, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA • V. • JESSICA REED, • k/n/a JESSICA GREISHAW DEFENDANT : NO. 08-4956 CIVIL IN RE: ALLOCATION OF FEES FOR CUSTODY EVALUATION ORDER OF COURT AND NOW, this 27th day of June, 2013, upon consideration of the parties request to allocate the fee for the custody evaluation, and the briefs submitted by the parties; IT IS HEREBY ORDERED AND DIRECTED that Mother shall bear 60 percent of the cost of the custody evaluation and Father shall bear 40 percent of the cost of the evaluation. Accordingly, since Mother has paid the cost of the evaluation in full, IT IS HEREBY ORDERED AND DIRECTED that Timothy Reed shall pay Jessica Greishaw the sum of$2,560.00. Timothy Reed shall pay to Jessica Greishaw the sum of$200.00 per month until the amount is paid in full. By the Court, 1\1\\*J M. L. Ebert, Jr., ---' omas M. Clark, Esquire Attorney for Plaintiff • D 3 ebra R. Mehaffie, Esquire rn r Attorney for Defendant x,0 N bas <Q -0 v �//yy�' ' fw., IOA /f 2 °t --- •• •Lrq