HomeMy WebLinkAbout04-1340Johnson, Duffle, Stewart & Weidner
By: Mark C. Duffle
I.D. No. 75906
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
Attorneys for Plaintiff
ANN M. NISCHALKE,
Plaintiff
V.
BRYAN L. NlSCHALKE,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 04-
CIVIL ACTION - LAW
IN CUSTODY
COMPLAINT FOR CUSTODY
AND NOW, this :~'~ day of March, 2004, comes the Plaintiff, Ann M. Nischalke, by and through her
undersigned attorneys, Johnson, Duffle, Stewart & Weidner, and files this Complaint for Custody, and in
support thereof aver as follows:
1. The Plaintiff is Ann M. Nischalke, hereinafter referred to as "MOTHER," who resides at 629
Herman Avenue, First Floor, Lemoyne, Cumberland County, Pennsylvania 17043.
2. The Defendant is Bryan L. Nischalke, hereinafter referred to as "FATHER," who currently
resides at 430 Cabin Hollow Road, Dillsburg, York County, Pennsylvania 17019.
3. MOTHER seeks to confirm primary physical custody of the following child: MATTHEW
BRYAN NISCHALKE, whose date of birth is November 12, 1994.
4. The child was born during marriage of the parties hereto.
5. The child is presently in the primary custody of MOTHER.
6. Since birth, the child has resided with the following persons at the following addresses:
A. From birth until age four, with MOTHER and FATHER, at 243 Saginaw Street,
Grantville, Pennsylvania 17028.
B. From age four until age seven, with MOTHER and FATHER, at 206 Lost
Hollow Road, Dillsburg, Pennsylvania 17019.
C. From age seven until present, with MOTHER, at 629 Herman Avenue, First
Floor, Lemoyne, Pennsylvania 17043.
7. The MOTHER of the child is Plaintiff, Ann M. Nischalke. She resides at 629 Herman Avenue,
First Floor, Lemoyne, Cumberland County, Pennsylvania. She is not married.
8. The FATHER of the child is Defendant, Bryan L. Nischalke. He currently resides at 430
Cabin Hollow Road, Dillsburg, York County, Pennsylvania 17019. He is married.
9. The relationship of Plaintiff to the minor child is that of natural mother. The Plaintiff currently
resides with the following persons: Matthew Bryan Nischalke.
10. The relationship of Defendant to the minor child is that of natural father. The Defendant
currently resides with the following persons: his wife, Cindy Nischalke.
11. Plaintiff has participated as a party in other litigation concerning the custody of the child. The
parties hereto filed a Complaint in Divorce in the Court of Common Pleas of York County to Docket No.
2001-SU-06013-02D. The Decree was granted by said Honorable Court on August 29, 2002. The Property
Settlement Agreement was not merged into the Decree in Divorce but contains a provision in Paragraph 2
relating to custody. A true and correct copy of said Property Settlement Agreement is attached hereto and
incorporated herein as Exhibit "A."
12. Plaintiff has no information of a custody proceeding concerning the child pending in a Court
of this Commonwealth.
13. Plaintiff does not know of a person not a party to the proceedings who has physical custody
of the child or claims to have custody or visitation rights with respect to the child.
14. It would be in the best interest and permanent welfare of the child by granting the relief
requested for the following reasons:
A. The Defendant has created difficulty in communication between the parties
hereto which needs to be addressed and clarified in a revised Order of Custody.
B. The Defendant has made disparaging remarks which are having an emotional
impact on the minor child as well as creating difficulties in both parent-child relationships.
C. The Defendant has proven unreliable with respect to the existing Custody
Agreement which has had an adverse impact on the minor child.
15. Each parent whose parental rights to the child have not been terminated, and the person who
has physical custody, have been named as parties to this action.
WHEREFORE, MOTHER requests this Honorable Court to enter a Custody Order reaffirming in her
primary physical custody and shared legal custody of the minor child as well as provide additional provisions
addressing some of the concerns set forth herein.
JOHNSON, D U F~,~ I E ,.~STE~VV/~*~N E I D N E R
Ma2,k C. Duffle f /
Attorney ID. No. 7§~06
VERIFICATION
I, Ann M. Nischalke, verify that the statements made in this Complaint for Custody are true and
correct to the best of my knowledge, information and belief. I understand that false statements made herein
are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to u nswern falsification to authorities.
EXHIBIT "A "
PROPERTY SETTLEMENT AGREEMENT
THIS AGR[~I)',MEN' ' s rnade lhis {lay of ~.002 hy and hcm, een
ANN M. NISCI4Ai.KE, (hcreinal'tcr t'clkrred to as "WII'VF?') and 13RYAN L. NISCHALKE. (hercinal~cr
rcIbrred to as
WITN ESSETH
WHEREAS, the parties were married on Septemher 12, 1992 in Colver, Cambria County
Pennsylvania:
WHEREAS, diverse unhappy differences, disputes and difficulties have arisen betwe~ the
part/es and it is Ihe retention of tLIsband and Wil~ Io live separate and apart, and the parties d~sire to
establish their respective financial and property rights and obligations as between each other including,
without limitation/ay spccificatton: issues relating Io the ownership and equitable dislribul~on off real and
personal proper~y; issues relating t'o Ihe past, presenl, and fi~ture snppo~, alimony and/or maintenance of
WtI~ by 1 lushand or of Hosband by Wifk; and in general, thc setthng oF any and all claims and possible
claims by one againsl lhe other or against their respective eslates.
1. SEPARATION~ Husband and Wil~ shall at all times hereafter have thc righl Io hve separate
and apart [?om each olher arid reside ~kon~ tinlc 1o [illlc at such place or places as they shall respectively
deem fit, l?ee fi'om any control, restraint, or inlerl~rence by the other. Neither party shall molest the other
t~r shall endcavor In compel Ibc other 1o cohahit or dwell with him or her hy othcr lcgal or othcF
proceedings. Thc foregoh~g provisions shall no~ be taken to he an admissmn on tine part of either Husband
m' WilZ' oFthc lawt~lnc~s <)r unlawfithlcss ol'thc catlhe leading to
2. CUSTOI)Y. Thc parlms utc Ihe parents ol'onc minor child: Ma/thew B. Ntschallte (d.o.b.
I 1/12/94). The part,es agree to the fifllowing Icl'ms and conditions regarding custody:
A. l,egal Custody. The parties agree to share legal custody as that term is defined in the Custody
Act I985, October 30, P.L. 264, No 66, Section 1, 23 Pa.C.S.A. 530! ct seq.
B. Primary Physical Custody. Primary physical cuslody ol'thc rain(n- child, as that tem'~ is defined
in thc Custody Acl 1985, October 30, P.L. 264, No 60, Section I, 23 Pa.C.S,A. 530[ c_.'~ sc._~_q., is confirmed
m the Mother. '['he father ..shall have partial physical custody of the minor child every other weekend from
Friday at 6:00 p.m. to Sunday at 6:00 p.m. Father shall also enjoy liberal periods ol'partial physical
cuslody at other times as tile parties mutually agree.
3. DIVISION OF PROPERTY AND DEBTS. Husband and Wile agree that the lbltowdng
constitutes an equitable distribution t}f'the marital property and marital debis.
A. Wii'e will retain possession of the Following items:
ii.
iii.
iv.
iht pcrsollal COll~DLJI¢I'/
The 1998 Ford Taurus:
Wil'e's HCA;
Will's 401 (k);
Will's retirement account',
Wi &s savings bonds.
B, Husbam:l will retain possession of the f~llowing iterns:
t. Willi'oss truck collection;
ii. Husband's 401(k);
iii. }.tusband's retirement accotll~l;
iv. Hushand's rollover IRA:
v. 1997 Ford F[50.
C. 'Fhe parties agree 0mt they shall execute all paperwork necessary to efl~ctume thc
transI~r of the vehicle titles. Furthermore, ltusband agrees to inclemni[~ Wil~ and hold
her harmless with respecl to fl~e loan on the FI50. Wil~ agrees to indemni~ Husband and
hold him harmless with respect to the loan on the Ford Taurus.
D. The parties joinlly own real estate siluate at 206 I,osl l-lollow Road, I)illsburg, York
Cmmly, Pennsylvania. Said property has been sold with se~lement to occur on or abo[It
May [ 7~ 2002. The parties agree that aaer payment oli the costs o:l'sale and payment to
Wife o:f $236.00 and one half of the legal t~cs fi)r file divorce actiom the lxoceeds fi'om
the sale of the home shall be divided equally betweeu the part~es, lflhe proceeds fi'om the
sale of the home do not meet l-hlsband's obligation under [his paragraph, I fusbam:l agrees
to pay Wi~ the sum of $50.00 per mo~zth until th~s obligation is satisfied. These payments
shall he part ol! thc equilahle d~slribution of the parties' marital estate and shall have no tax
consequence ~Br either p~rty,
l{ [lusbam:t shall assume and ~nake all paymeuts ~m Ibc' credil card accou~lts wil;h
l,o~ves, and Citibank. Wif~ shall assume and make all paymenls on the credit card
[ic¢ooll[ wilh WalMarl.
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4. CHILD ED[ICATION EXPENSES. TI're parties ag'tee t~ equally shm'e all educaton expenses
l~r the minor child which shall inchtde, but arc not Imtited to, costs of posl secondary education througt~
Matthew's gradualicm or antil he tums 23 years old. whichever shall first occur.
5. INCOME TAX PRIOR RETURNS. The Paroles have hereto:lbre filed joint Federal and State
Tax Returns. Botl'~ parties agree that in the event any deficiency in Federal, State, or local income tax is
proposed, or any assessment of any such taxes made against either of them, each will identit~ and hold
harmless t:he t~ther from alld agalnSl any loss or liai¢ilily [bt any s[ich tax deficiency or assessmenl ami any
interest, penalty or expense shall be paid solety and entirely by the individual who is finally detemained to
be fl~e cause of the misrepresentatiol~ or thilut'cs to disclose thc nalarc and extent of his or bet separate
income on the atbresaid joint returns.
6, EXECUTION OF ADDiTIONAl, DOCUMENTS, The }~arties agree to execule any derds.
assignments, titles m' other instrunqcnts necessary and appropriate to accomplish the afbresaid division of
property.
7. TRANSFERS SUB.IEC, T TO LIENS. Nt)twithstanding any other provismns in this
document, all pmpm'ty transl'erred hereunder is subjecl to the existing lien o[ liens sel fin'th above. "l'l~e
respective transtkree of such proper~ agwees to indemni~? and save harmless fl~e other party t?om any
claim ti)r liability thai such other F~ir[y rnay stl['[~r or nlay be reqttired to pay on account ol'such lien
incul~lbrance.
8. C()MPLETE I.,ISTIN(; OF PROPERTY. 'lhc i'm'tics represent and warralll Io c~lcl'l other
rhal the property described in this agreement represents all of the property in which lhey have any right,
title and interest, and that such prnperty is subject to no mortgage, pledge, lien, security interest~
encumbrance, or charge except those which are disclosed herein.
9. EOUITABLE DISTRIBUTION OF PROPERTY. [~y this agreement, the pm'tics have
intended tn effect an equitable distribution of their jointly owned property, The parties have determined
tlmt an equitahle division of such property confi~rms to a just and right standard, with due regard to thc
rights of each party. The division et' existing martial property is not mteuded by the panics to constitute m
any way a sale or exchauge of assets, any division as being ct'l~ctualed without the introductit:m {~' outside
funds or other property not constituting a part of the marital estate. It is the intention of the parties to treat
ull t~'anstt:rs of property hereto as nontaxable.
i0. REI,INOUISHMENT OF OWNERSHIP. Except as provided therein, Husband forever
reliuquishes any righls and interests he may now or hereaRer have in ally assels ~nw belonging to Wil~,
and Wi{~ fiyrever relinquishes any rights and interests she may now or hereafter have in any assets now
belonging to I:lusband.
I I. AFTER-ACOUIIIEI) PROPERTY. [:ach el'the parties shall hereafter own and enjoy
independently of any claim or right of lhc other all items of properly, be they real, personal, or mixed,
tangible or intangible, which arc hereafter acquired by him or imf, with lkdl power m him or her t(~ dispose
of the same as fktlly and e~l~ctively, m all respects lbr all purposes as though he or she were unm~ried.
12..~BTS. Husband and Wit~ agree to be responsible fi~r thc j~int: debt of the parties as
described above. All debts, comracts, obligations or liabilities incurred any time in the past or future hy
either party will he paid promplly by said party, uuless and exccpl as {~lherwise specifically set lbrfll m t[ais
agrcemenl: and each of the parttes hereto fitrther promises, and agrees that each will now and at ali times
hcreali;er save harmless and keep 0lc ofllcl or his er her estate indemnified and save harmless fi'mn all
5
debts or liability incurred by him or her, as the case rnay he, and ['rom all actions, claims and demands
whatsoever with respect thermo, and fi'om all costs, legal or otherwise, aud coansel/~es whatsoever
pertaining to such actions, claims and demauds, Neither party shall, as of the date of tbis agreement.
contract or incur any debt or liability fi'om wbich the other or l~is or her property amy be responsibte, anti
shall indemnit~ and save harnlless the other l¥om any and al1 claims or demands made against him ur her
by reason of debts or obligations incurred by him or her anti fi'om all expenses, legal costs, and counsel
tkes unless provided tn the contrary hereto
13. BANKRUPTCY, TI,,¢ parties mutually agree that should either of them file/bt ban~'uptcy m
the lk~ture, any monies to be paid lo thc other party, or to a thh'd party, pursuant lo the terms of this
agreemenl shall constito/e support and maintenance and shall not be discharged in bankruptcy.
14. FULL DISCI,OSURE. The respective parties do hereby wal-ranl, represent, and declare thai
he and she have made a [kdl and complete disclosure tn the othm' ol5 all assets of any nature whatsoever in
which soch party has an interest and ['urther enumeration nr statement thereof in this Agreemenl is
specifically waived. Each party agrees that he or she shall not at any ['u/ute time raise such a delknse or
otherwise the lack of soch disclosure in any legal proceeding involving this agreement with the exception
of the disclosure that may have been fi'sudulently withheld.
15, RELEASES. This agreement is not intended to. nor does either party, release, quitclaim or
discharge the other or the estate of Ibc other t?om claims Iha[ each olher may now have, ur hereafter have
or can have at any time, against the other, or in and to or against the other's estate, or any part thereof~
whelher ~ll'lSillg otll t)f any tin'met cotm'acls, engagements or liabilities oP Iht t}ther, or by way hi' dower or
claim in the nature of'dower, widow's rights, *~r onder tt~c intestate laws, or the right fo take against each
ether's will or fi.)r support or mamtenance~ or of any other nature whatsoever, except m~y rights accruing
under I:his Agreement or as otherwise stated m this Agreement.
16, IN DEMN II*ICATION. Each party represents anti warrants tn the other flint be or she bas
incurred any debt, obligation, or other liability, otber than described in this Agreement, on which the otl~er
party is or may be liable, l:~ach party covenants and agrees that if any claim, action or proct;eding is
hereinafter initiated seeking to hold the other party liable Iht' any other del)ts, obligations, [[ability, act or
omissiou of sucl~ party, such party will at his (}r bet sole expense, dc~nd Ibc other against any such claim
or demand, whether or not welMbanded, and that he or she will indet~ii~ and hold harmless the o~er
party m respect of all darnages as resulting there[rom. Damages as used herein shall intrude any claim,
action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel ~es
aud other cnsts m~d cxpcuses rcasonubly incun'ed in investigating or attempting to avoid same or m
opposing the imposition lbereofor enforcing this mdenmity, resulting to Husband or Wii~ fi'om any
i~mccurate representation made hy or on bchal['of either Husband or Wilk to the other in this Agreement,
any breach of fl~e warranties made by ltusband ut' Wd~~ to fl~e other m this Agreement, or breach or dct~ttll
m perfi~rmance by Husband or Wi~ of any of the obligations to Be perlBrmed by such party bereumler.
The 1 lusband or Wi[~ agrees to give the other prompt written notice ol'any li tigution threatened or
instituted against either party which might constitute the basis for a claim tbr indenmity pursuant to the
lerms oF tbis Agreement.
t7. GENERAL PROVISIONS. This Agreement constitutes the entu-e andm'standing of the
parties and supersedes any al~d all prit}r agreements and negotiatinus between Ibenl. '['here arc no
represenlations or warranties other than those expressly set [k)rth hereto
18. FAIR AND EOUITABLE CONTENTS. The provisions of this Agreement and their legal
el'lbct have bcm'l fully explained to the parties hy their rcspecttve counsel. I~ach parly acknowledges thai
he or she has received independent legal advise ti'om counsel of bis or her selection and that each
understands the f:act:s and bas been l~tlly mibrmed as to his or her legal righls and obligations. Each pmly
acknowledges and accepts that this Agreement is, under the circunlstallccs, I~ir at~d equitable, and that
being entered into tYeely and voluntarily after having received such advice and with such knowledge, and
that executioo ol'this Agrecment iq not the result of ally duress or undue infltlel]cc and that it is not the
result nfany collusion or improper or illegal agreement or agreements.
[9. BREACt!. [t is expressly stipulated lhat il'eitber party I[tils in the due perlbrmancc oI'any
his nr her mater(al nb[igations under this Agreement, the other party shall have the right, at his or her
election, tn sue It)r damages Ibr breach thereol~ to sue lbr specific perfBrmance, or t(~ seek any other legal
remedies as may be available, and the de~ktulting party shall pay the reasonable legal [kcs tk)r any services
rendered by the non-del~ultmg party's attorney in any action or proceeding to compel pm'fi~rmance
20. [NIIEPENDENT SEPARATE COVENANTS. It is specifically understood and agreed by
and between the parlies hereto thai each paragraph hereof shall be deenlcd to be a separale and
independent Agreement.
21. VOID CLAUSI~S. Il'any term, condition, clause m' provision o["lhis Agreemeot shall be
determined or declared to be void or invalid in law or otherwise, then only that term, conditiom clause
provtston shall he stricken fi'm~ this Agreement and in all otbe~ resl:)ccls this Agreement shall be valid and
continue in fi~ll tgrce, effect and operation.
22. EXECI. 1TION OF DOCI./MENTS. Each party slnall on demanl:[ execute tt~ly other documents
that nmy I:~e necessary or a~.ivisabl~' Ix~ carry out thc provisions ol'lt~is Agreement.
23. APPI,.,ICABLE LAW. 'l"his Agreemenl shall be constrtted treader tile laws of'tine
Commonwealth o1! Penr~sylvama.
24. NON-MERGER. This Agreeme~lt shall llol merge w/ti] alny subseqttcrlt ~:lecrce in divorce
between the parties but shah survive s~.~ch decree an0 be e~tirely indepe~der~t thereof'. This Agreemetnt
shall/>e ~llcorporatcd Ik)r the l:lt~rposes of clll'orceme~l only into any Decree in Divorce which Ilnay be
entered with respect to the parties, but shall rtot be deemed to have beet~ merged with such Decree,
25. MODI IrlCA'I'ION AND WAIVER. A t~tndiOcation tlr waiver e~' ar~y o[ tine p~ovisions off
this agreeme~at shall be ct'~ective only il' rr~ade in writing an~.l executed with tine same for~ality as this
Agreement. 'l:he failure ol:either party to insist apon strict perl~)rmance ol'a~y provisions of this
Agreement shall not be construed as a waiver ol'any subseqtletlt tlet'aulls ol'the same or similar natt~re.
IN WITNESS WHERigOI*, thc parties hereto, after fBIl ~.lisclosure, irzten,:ling to be legally beunc[,
have sigr~ed, se;: ec ami acktiowletlge~.l this S'tiI ltl :Il ~ a.
$I .~N[L ), $1:ALI:!.I) AND DEi~,IVEI~,I~D
IN TI II!:, I~RESENCI~ O1;':
Wi'h~ess
ACI'~N O~,VI,EDGMENTS
(.:OMMO:NWEAI,TH OF PI'iNNSYI,VANiA :
: SS
COUNTY OF I]§~TY Iff gtl~][ltl./t~l) :
On this the _._/d/g clay of ...... ,/57,..9y 2002 before me. the undersigned officer,
personally appeared ANN M. NISCHALKE, known to me (or satisfactorily proven) to be the person
whose rmlllc is subscribed Io the wilhm iltstrument, :.md acknowledged thai she executed the same Ibr the
purposes thereto contained,
IN WI'I NLSS xA HEI~.EOi~, I have hereunto set my hand and official seal.
NOTARY PUBLIC~
MY OMMISSION t X ~[ 0
/
COMMONWEALTH OF PENNSYLVANIA :
: SS
(~OUNTY OF ~,~'f¥ I~tr [;[I~[/~.,q~,[} :
On this. thc .~ day o:f ~ ........... .. ........... 2002, betbl:e me, thc undersigned office,',
pets[really appeared BRYAN 1,. NISCHAI. KE, known Io me (or satislhclori[y proven) lo hc the person
whose name is subscribed to the within instrumenl, and ac~owledged that he executed thc same fbr the
proposes therein contained.
IN WITNESS WHEREOF, I have hcreur~to set my hand and official seal.
ANN M. NISCHALKE
PLAINTIFF
V.
BRYAN L. NISCHALKE
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
04-1340 CIVIL ACTION LAW
1N CUSTODY
ORDER OF COURT
AND NOW, Thursday, April 01, 2004 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear be~bre Dawn S. Sunday, Esq. _, the conciliator,
at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, April 29, 2004 at 10:30 AM
for a Pre-Heating Custody Conference. At such conference, an eftbrt will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children are five or older may also be l~resent at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT.
By: /s/ Dawn & Sunday, Esq.
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans w/th Disabilites Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact out' 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
Johnson, Duffle, Stewart & Weidner
By: Mark C. Duffle
I.D. No. 75906
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043 -0109
(717) 761-4540
Attorneys for Plaintiff
ANN M. NISCHALKE,
Plaintiff
V.
BRYAN L. NISCHALKE,
Defendant
INI THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. O~"-13t./O ~},,;/
CIVIL ACTION - LAW
IN CUSTODY
RETURN OF SERVICE
The undersigned makes the following return of service:
The Complaint for Custody was mailed to the Defendant, Bryan L. Nischalke, on April 6, 2004 at 339
Walnut Street, Lemoyne, Pennsylvania 17043.
X A copy of the signed return receipt indicating service was completed on April 17, 2004 is
attached hereto.
__ The mail, refused and returned, is attached. A copy mailed to the Defendant at the same
address by ordinary mail with the return address of the sender appearing thereon has not been returned
within fifteen days after mailing.
I verify that the statements made in this affidavit and return of service are true and correct.
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to
unswom falsification to authorities.
Date:
:227554
JOHNSON, DUFFLE, ST,~t~ & WEIDNER
OFF CJAL USE
ANN M. NISCHALKE
Plaintiff
VS.
BRYAN L. NISCHALKE
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLtLND COUNTY, PENNSYLVANIA
04-1340 C1VIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this ~. day of~ ~ ~
c°nsiderati°n°ftheattache~-Custod33~onciliationReport, i~sor~r2~ ~ ~, 2004, upon
and directed as follows:
1. The Mother, Ann M. Nischalke, and the Father, Bryan L. Nischalke, shall have shared legal
custody of Matthew Bryan Nischalke, bom November 12, 1994. Eaeh parent shall have an equal right,
to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the
Child's general well-being including, but not limited to, all decisions regarding his health, education
and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and
information pertaining to the Child inchiding, but not limited to, school and medical records and
information.
2. The Mother shall have primary physical custody of the Child.
3. The Father shall have partial physical custody of the Child on alternating weekends fi.om
Friday at 5:00 pm through Sunday at 7:00 pm.
4. The parties shall share or alternate having custody of the Child on holidays as follows:
A. CHRISTMAS: In every year, the Mother shall have custody of the Child
fi.om after the last day of school and work before Christmas through the date on
which the Mother returns to work after the holidays.
B. THANKSGIVING: In every year, the Father shall have custody of the Child
over Thanksgiving from Wednesday at 5:00 pm through Thanksgiving Day at
7:00 pm.
C. ALTERNATING HOLIDAYS: In even numbered years, the Mother shall
have custody of the Child for Eas~er and July 4th and the Father shall have
custody for Memorial Day and Labor Day. In odd numbered years, the Father
shall have custody of the Child for Easter and July 4th and the Mother shall have
custo, d.y for Memorial Day and Labor Day. The periods of custody under this
provm~on shall include the entire weekend of the holiday, with the specific times
for exchanges to be to arranged by agreement between the parties.
Notwithstanding the foregoing, in 2004, the t~arties agree that
with the paternal grandparents for the July 4 holiday, the Child shall be
D. The holiday custody schedule shall supersede and take precedence over the
regular custody schedule.
5. The parties shall engage in counseling with a professional to be selected by agreement. The
purpose of the counseling shall be to assist the parties in establishing sufficient communication and
cooperation to enable them to effectively co-parent their Child. The Mother shall provide the list of
counselors included in her insurance coverage to the Father and the Father shall make the initial
contact with the counselor to schedule the first session.
6. The parties agree that the Father shall ensure that the Child attends his baseball game on May
15, 2004, that the Mother shall make arrangements with the paternal[ grandparents to ensure that the
Child attends his baseball game on May 29, 2004 and that the Mother shall take the Child to his
baseball game on June 12, 2004 and transport the Child to his horse show following the baseball game.
7. The parties agree to cooperate in making adjustments to the weekend custody schedule to
permit the Father to take the Child to horse shows on the Mother's weekends after the end of the
baseball season in order to earn horse showing points missed by the Child due to conflicts with
baseball games. The Father shall provide the Mother with as much advance notice as possible of the
horse show schedule with locations and times.
8. The Mother shall provide a copy of the Child's medical insurance card and any other
necessary insurance information to the Father as soon as possible following the custody conciliation
conference.
9. The Father's wife may prowde transportation for the Child tbr exchanges of custody,
activities, and school or childcare.
10. The parties agree that the paternal grandparents may have the Child for vacation from April
2 at 5:00 pm through no earlier than April 9, 2004 at a time to be arran.ged by agreement between the
parties. The parties shall cooperate in scheduling a vacation period for the Child with the maternal
grandparents for the following week.
11. The part/es agree that the Father will investigate alternative childcare arrangements which
will enable ' . .
the Child to ~nteract w~th children the same age and provide the identified ophons to the
Mother for consideration.
12. Neither party shall do or say anything which may estrange the Child from the other parent,
injure the opinion of the Child as to the other parent, or hamper the free and natural development of the
Child's love and respect for the other parent. Both parties shall ensure that third parties having contact
with the Child comply with this provision. Both parties shall refrain from discussing conflicts
regarding child support and custody matters with the Child or in the hild s presence.
C ' '
13. This Order is entered pursuant to an agreement of the parties at 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.
cc: Mark C. Duffle, Esquire - Counsel for Mother
Bryan L. Nischalke, Father
BY THE CO1URT,
ANN M. NISCHALKE
Plaintiff
VS.
BRYAN L. NISCHALKE
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
04-1340 CIVIL ACTION LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN AC~5ORDANCE. WITH CUMBERLAND COUNTY
PROCEDURE 1915 3 8, the undersigned Cust ,.:. , . RULE OF CIVIL
· ody Con~d~ator suom~ts the following report:
1. The pertinent information concerning the Child who ',.
follows:
k, the subject of this litigation is as
NAME DATE OF BIRTH CURI~:NTLY IN CUSTODY OF
Matthew Bryan Nischalkc November 12, 1994
Mother
2. A Conciliation Conference was held on April 29, 2004, with the following individuals in
attendance: The Mother, Ann M. Nischalke, with her counsel, Mark C. Duffle, Esquire, and the Father,
Bryan L. Nischalke, who is not represented by counsel in this matter.
3. The parties agreed to entry of an Order in the form as attached.
wn S. Sunday, Esqui~-~--------~
Custody Conciliator