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HomeMy WebLinkAbout08-5906Debra R. Mehaffie, Esquire Attorney I.D. No. 90951 Scaringi & Scaringi, P.C. 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717) 657-7770 (717) 657-7797 fax Attorney for Plaintiff AMY TAYLOR-AVERY Plaintiff -v- GILBERT E. PROKOP, JR. Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. ' S c10 4 CIVIL ACTION IN DIVORCE/CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT, if you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody and visitation of your children. When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Prothonotary's Office of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT'HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 AVISO PARA DEFENDER Y RECLAMAR DERECHOS . USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quesjas expuestas en las paginas siguientes, debe tomar accion con prontitud. Se le avisa que si no se defiende, elcaso puede proceder sin usted y decreto de divorcia o anulamiento puede ser emitido en su contra por law Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja o compensacion reclamados por el demandante. Usted Puede perder dinero, o propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades or rompimiento irreparable del matrimonio, usted puede solicitor consejo matrimonial. Una lista de consedos matrimonales esta disponible en la oficina del Prothonotary, en la Cumberland County Court of Common Pleas, 1 Courthouse Square, Carlisle, Pennsylvania, 17013. SI USTED NO RELAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMITITDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI TIENE O NO PUEDE PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 Debra R. Mehaffie, Esquire Attorney I.D. No. 90951 Scaringi & Scaringi, P.C. 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717) 657-7770 (717) 657-7797 fax Attorney for Plaintiff AMY TAYLOR-AVERY Plaintiff • -v- GILBERT E. PROKOP, JR. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. CIVIL ACTION IN DIVORCE/CUSTODY COMPLAINT UNDER SECTION 3301(c) and 3301(d)(1) OF THE DIVORCE CODE 1. The Plaintiff is AMY TAYLOR-AVERY, an adult individual who currently resides at 3609 Wansford Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. Defendant is GILBERT E. PROKOP, JR., an adult individual whose address is unknown at this time. 3. Plaintiff and* Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 19, 2003 in Negril, Jamaica. 5. There have been no prior actions of divorce or for annulment between the parties. There is a Temporary Order for Protection from Abuse against Defendant in favor of Plaintiff at Docket No. 08-5522. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff avers the grounds for divorce: a. the marriage is irretrievably broken. WHEREFORE, Plaintiff prays for divorce from the bonds of matrimony existing between Plaintiff and Defendant. COUNT I - DIVORCE - FAULT ADULTRY UNDER SECTION 3301(a)(2), BARBAROUS TREATMENT UNDER SECTION 3301(a)(3) and INDIGNITIES UNDER SECTION 3301(a)(6) OF THE DIVORCE CODE 9. Paragraphs 1 through 8 above are incorporated herein by reference as though set forth in full. 10. Plaintiff avers that she is entitled to a divorce on the ground that Defendant committed adultery. . 11. Plaintiff avers that she is entitled to divorce on the ground that Defendant, by cruel and barbarous treatment, endangered the life or health of the injured and innocent spouse. 12. Plaintiff avers that she is entitled to a divorce on the ground that the Defendant has offered such indignities to the person of the Plaintiff, the injured and innocent spouse, as to render her condition intolerable and life burdensome. WHEREFORE, Plaintiff prays for divorce from the bonds of matrimony existing between Plaintiff and Defendant. COUNT II CUSTODY 13. 14. 15 16 ADDRESSES Paragraphs 1 through 12 above are incorporated herein by reference as though set forth in full. There are two minor children of the marriage, namely Caroline Grace Avery- Prokop, born June 23, 2004 and Juliana Katherine Avery-Prokop, born April 26, 2006. The children are presently in the physical custody of Plaintiff/ Mother who resides at 3609 Wansford Road, Mechanicsburg, Cumberland County, Pennsylvania. During the past five years, the children have resided with the following persons and at the following addresses: 3609 Wansford Road Mechanicsburg, PA 17050 PERSONS Amy Taylor-Avery DATES 9/15/2008-present 3609 Wansford Road Amy Taylor-Avery 6/23/2004 - 9/15/2008 Mechanicsburg, PA 17050 Gilbert E. Prokop, Jr. 17. The relationship of Plaintiff to children is that of natural parent. 18. The relationship of Defendant to children is that of natural parent. 19. Plaintiff believes that Plaintiff and Defendant will be able to reach an agreement with respect to custody that can be entered as a Stipulation Agreement with the Court. However, in the event that an agreement is not reached, Plaintiff requests that an Order be entered granting primary physical custody to her and that Defendant be awarded periods of partial custody in Pennsylvania. WHEREFORE, Plaintiff requests this Honorable Court to enter a Stipulation Agreement with respect to custody of the parties minor children if an agreement can be reached. In the alternative, Plaintiff respectfully requests that this Court enter an Order granting primary physical custody of the minor children to Plaintiff with periods of partial custody to Defendant in Pennsylvania. COUNT III EQUITABLE DISTRIBUTION 20. Paragraphs 1 through 19 above are incorporated herein by reference as though set forth in full. 21. During the marriage, Plaintiff and Defendant have acquired various items of marital property and debt, both real and personal, which are subject to equitable distribution under Section 3502 of the Divorce Code. 22. Plaintiff and Defendant have been unable to agree as to an equitable division of said property and debt. WHEREFORE, Plaintiff requests the Court to equitably divide all marital property and debt, and to enjoin the Defendant from transferring, encumbering, concealing, selling, removing, disposing or alienating any property owned by Plaintiff and Defendant individually, in co- ownership, or in any other person's name until further Order of Court, except by Agreement of the parties. COUNT IV SUPPORT. ALIMONY PENDENTE LITE AND ALIMONY 23. Paragraphs 1-22 are incorporated herein by reference. 24. Plaintiff requires reasonable support to adequately sustain herself with the standard of living'established during the marriage. WHEREFORE, Plaintiff requests your Honorable Court to order Defendant to pay Plaintiff Support, Alimony and Alimony Pendente Lite. COUNT V ATTORNEY FEES AND COSTS 25. Paragraphs 1-24 are incorporated herein by reference. 26. Plaintiff is unable to sustain herself during the course of this litigation and has employed Debra R. Mehaffie, Esquire as counsel, but is unable to pay the necessary and reasonable attorney fees for said counsel, and the necessary and reasonable costs of litigation. WHEREFORE, Plaintiff requests and award of counsel's fees and expenses. WHEREFORE, Plaintiff, AMY TAYLOR-AVERY, prays this Court to: a. Award Plaintiff a Decree in Divorce; b. Award Plaintiff primary physical custody of the minor children and provide Defendant with periods of partial custody in Pennsylvania; c. Enjoin the Defendant from transferring, encumbering, concealing, selling, removing, disposing or alienating any property owned by Plaintiff and Defendant individually, in co-ownership, or in any other person's name until further Order of Court, except by Agreement of the Parties; d. Equitably divide all marital assets and debt; e. Award Plaintiff support, alimony and alimony pendente lite; f. Award Plaintiff counsel fees, costs and expenses; and g. Grant such further relief as the Court may deem equitable and just. submitted, Dated: 9)-k/w ??'t?1- RINGI & SCARINGI, P.C. orney I.D. 90951 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717) 657-7770 (717) 657-7797 fax debrana,scaringilaw.com ATTORNEY FOR PLAINTIFF AMY TAYLOR-AVERY : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA -v- . NO. GILBERT E. PROKOP, JR. : CIVIL ACTION Defendant : IN DIVORCE/CUSTODY VERIFICATION I, AMY TAYLOR-AVERY, verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: ?? Z? Debra R. Mehaffie, Esquire Attorney I.D. No. 90951 Scaringi & Scaringi, P.C. 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717) 657-7770 (717) 657-7797 fax Attorney for Plaintiff AMY TAYLOR-AVERY Plaintiff -v- GILBERT E. PROKOP, JR. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . NO. CIVIL ACTION IN DIVORCE/CUSTODY AFFIDAVIT REGARDING COUNSELING 1. I have been advised of the availability of marriage counseling and understand that I may . request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not require that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unworn Dater kv 09 c? v cv ~ ? W 3 W? x , 1 r ? w i AMY TAYLOR-AVERY : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA -v- : NO. 08-5906 GILBERT E. PROKOP, JR. : CIVIL ACTION Defendant : IN DIVORCE/CUSTODY ACCEPTANCE OF SERVICE We, Donald T. Kissinger, Esquire and Rebecca Darr, Esquire, of Howett, Kissinger & Holst, P.C., do hereby accept service of the complaint in divorce with respect to the above captioned action and certify that we are authorized to do so. Date Donald T. Kissinger, Es uire Attorney I.D. No. 7 HOWETT, KISSINGER & HOL T, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 (717) 234-2616 Attorney for Defendant Date 4A Darr, Esquire ttorney I.D. No. 5j ;) 2 HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 (717) 234-2616 Attorney for Defendant. r,{z; c) C-) elip "r° r . r7't i 2 z5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMY TAYLOR-AVERY, ) Plaintiff ) V. ) GILBERT E. PROKOP, ) Defendant ) NO. 2008-5906 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ANSWER TO COMPLAINT IN DIVORCE AND COUNTERCLAIM FOR CUSTODY AND NOW, Defendant Gilbert E. Prokop, by and through his attorneys, Howett, Kissinger & Holst, P.C., files this Answer to Plaintiff's Complaint in Divorce and Counterclaim for Custody, and in support thereof, avers the following: COUNT I - DIVORCE 1. Admitted. 2. Denied. It is specifically denied that Defendant's address is unknown. Plaintiff is fully aware that Defendant is temporarily residing with his mother at 833 Mapleridge Drive, Youngstown, Ohio 44572. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Denied. Defendant lacks knowledge or information at to what Plaintiff may have been advised and is therefore unable to respond to this averment. However, to the extent that a response is required, the averment is denied. 8. Admitted. Defendant specifically admits that the marriage is irretrievably broken and that, per section 3301(c) of the Divorce Code, Defendant will consent to the entry of a no-fault divorce at the time the parties' outstanding economic claims are resolved. WHEREFORE, Defendant, Gilbert E. Prokop, respectfully requests that this Honorable Court enter an Order divorcing him from the bonds of matrimony existing between Plaintiff and Defendant. COUNT II - DIVORCE - FAULT 9. No response is required to this averment. 10. Denied. It is specifically denied that Plaintiff is entitled to a divorce on the grounds that Defendant committed adultery. 11. Denied. It is specifically denied that Plaintiff is an innocent and injured spouse who is entitled to a divorce on the ground that Defendant endangered the life or health of Plaintiff. 12. Denied. It is specifically denied that Plaintiff is entitled to a divorce on the ground that Defendant offered Plaintiff such indignities as to render her condition intolerable and her life burdensome. WHEREFORE, Defendant, Gilbert E. Prokop, respectfully requests that this Honorable Court to deny Plaintiff's request to be divorced from the bonds of matrimony on fault grounds. COUNT III - CUSTODY 13. No response is required to this averment. 14. Admitted. 2 15. Admitted. 16. Admitted. 17. Admitted. 18. Admitted. 19. Denied. Defendant lacks knowledge or information at to whether the parties will be able to reach an agreement with regard to custody which can be entered as an Order of Court. However, to the extent that a response is required, the averment is denied. WHEREFORE, Defendant, Gilbert E. Prokop, respectfully requests that this Honorable Court enter an Order scheduling a custody conciliation conference at the earliest possible date, and that primary physical custody of the parties' two children be awarded to him. COUNT IV - EQUITABLE DISTRIBUTION 20. No response is required to this averment. 21. Admitted. 22. Admitted. WHEREFORE, Defendant, Gilbert E. Prokop, respectfully requests that this Honorable Court to equitably divide all marital property and debt, and to enjoin Plaintiff from transferring, encumbering, concealing, selling, removing, disposing or alienating any property until further Order of court, except by mutual written Agreement executed by the parties. 3 COUNT V - SUPPORT, ALIMONY PENDENTE LITE, ALIMONY 23. No response is required to this averment. 24. Denied. It is specifically denied that Plaintiff requires support to sustain herself. WHEREFORE, Defendant, Gilbert E. Prokop, respectfully requests that this Honorable Court deny Plaintiff's request for an award of spousal support, alimony or alimony pendente lite. COUNT VI - ATTORNEY FEES AND COSTS 25. No response is required to this averment. 26. Admitted in part; denied in part. It is admitted that Plaintiff has retained Attorney Debra Mehaffie to represent her during the course of this litigation, but it is specifically denied that Plaintiff is unable to pay reasonable attorney fees and costs associated therewith. WHEREFORE, Defendant, Gilbert E. Prokop, respectfully requests that this Honorable Court deny Plaintiff's request for an award of attorney fees and costs. Respectfully submitted, Date: A Al ze Donald T. Kissinger, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Defendant, Gilbert E. Prokop 4 VERIFICATION I, Gilbert E. Prokop, hereby swear and affirm that the facts contained in the foregoing Answer to Complaint in Divorce and Counterclaim for Custody are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. 4 Date: 10/21/08 ILBERT E. PROKOP ?? ` ,, :? -? r°? -r-? c", ?f? _. " ? ? tn3 `-- ? I ? W t?.?? L( l ., i? . ++ •. ?4 Y ?, ., ....- r4 ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMY TAYLOR-AVERY, ) Plaintiff ) V. ) GILBERT E. PROKOP, ) Defendant ) NO. 2008-5906 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE INTERIM STIPULATION FOR ENTRY OF AGREED UPON CUSTODY ORDER THIS STIPULATION is made this day of October, 2008, by and between AMY TAYLOR-AVERY (hereinafter "Mother") of Cumberland County, Pennsylvania, and GILBERT E. PROKOP, (hereinafter "Father") of Cumberland County, Pennsylvania; WITNESSETH: WHEREAS, the parties hereto, husband and wife, are the parents of Caroline Grace Prokop (D.O.B. June 23, 2004) and Juliana Katherine Prokop (D.O.B. April 26, 2006) (hereinafter referred to as "the Children"); WHEREAS, the parties separated on or about September 15, 2008; WHEREAS, Mother has filed a Complaint for Custody requesting shared legal and primary physical custody of the Children docketed to the above term and number; and Father has filed a Counterclaim at the same term and number for primary physical custody; WHEREAS, Mother filed a petition under the Protection from Abuse Act on September 18, 2008, and a Temporary Order was entered by the Cumberland County Court of Common Pleas on September 18, 2008; WHEREAS, a hearing on the Petition for Protection from Abuse will not be conducted before the Honorable Edward Guido until December 1, 2008 at 1:30 p.m.; and WHEREAS, the parties both agree that contact between Father and the minor Children pending such hearing is in the best interests of the minor Children, and therefore, the parties seek to modify the Temporary Protection from Abuse Order to provide for physical contact and reasonable phone contact between Father and the minor Children. NOW, THEREFORE, in consideration of the premises, and of the mutual promises, covenants and undertakings hereinafter set forth, Mother and Father, each intending to be legally bound hereby, and agree as follows: 1. Legal Custody. The parties shall share legal custody of their children, legal custody being defined as the right to make major decisions affecting the best interests of the Children, including, but not limited to, medical, religious, moral, educational and general parenting decisions. See 23 Pa.C.S.A. Section 5301. The parties agree to discuss and consult with one another with a view towards adopting a harmonious policy calculated to promote the Childrens' best interests. Each party shall have the right to be kept informed of the Childrens' educational, social, moral and medical development. Each parent shall notify the other of any matter relating to the Children which could reasonably be expected to be of significant concern to the other parent. Day-to-day decisions shall be the responsibility of the parent then having physical custody. The parent having physical custody of the Children at the time of any emergency shall have the right to make any immediate decisions necessitated thereby but shall inform the other parent of that emergency and consult with him or her as soon as possible. 2 2. Physical Custody. Without prejudice to the rights or claims of either party, and pending a custody conciliation conference and final hearing, or a subsequent written agreement of the parties, interim primary physical custody of the parties' two minor Children, Caroline and Juliana, shall be with Mother, and partial physical custody of the Children shall be with Father. The parties agree to re-negotiate the terms of their custody agreement in good faith no later than December 5, 2008 if there has been no intervening Order of Court. (a) Father shall exercise partial physical custody of the Children on Saturday, November 1, 2008 from 8:00 a.m. until Sunday, November 2, 2008 at 6:00 p.m. (b) Thereafter, Father shall exercise partial physical custody of the Children on Friday, November 14, 2008 from Friday at Noon until Sunday, November 16, 2008 at 6:00 p.m., and then again on Friday, November 21, 2008 at Noon until Sunday, November 23, 2008 at 6:00 p.m. (c) Said periods of partial physical custody of the Children shall be conducted in the Central Pennsylvania area and Father shall provide Mother with written contact information regarding his lodging for such periods. Father shall be responsible for all transportation of the Children, as restrained in properly installed car seats, necessary to effectuate his partial physical custody, specifically to include picking up and dropping off at the marital residence. Father and Mother may have limited contact for purposes of facilitating such custody exchanges. 3 (d) Other than during Father's partial physical custody, Father may have contact with the minor Children via scheduled telephone calls between himself and his Children every Monday, Wednesday and Thursday evening at 7:00 p.m. Additionally, Mother may have telephone contact with the Children at 7:00 p.m. each evening when they are in Father's custody. Father and Mother may have limited phone contact as necessary to assist the minor Children in their phone call participation. (e) The parties agree to implement a web cam system on their computers in order to ensure continuing contact between Father and the Children on an ongoing and consistent basis. Such contact will not be considered to be a violation of the Temporary Protection from Abuse Order. (f) The parties agree that neither of them will consume any alcoholic beverages in the presence of the Children, or within twelve (12) hours immediately prior to being in their presence. (g) The parties each agree to undergo alcohol and anger management evaluations, and will execute all appropriate documentation to permit review thereof by counsel. A party's failure to cooperate with such evaluations shall be a breach of this interim stipulation of custody. 4 IN WITNESS WHEREOF, the parties hereby agree to the above terms as of the day COMMONWEALTH OF PENNSYLVANIA COUNTY OF a(i. L'Lt h BEFORE ME, the undersigned authority, on this day personally appeared AMY TAYLOR-AVERY, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 2T) 411- day of 4--b V -A '2008. '?'tGC L Z "' Z ?J Notary Public in and for Commonwealth of Pennsylvania Typed or printed name of Notary: Awa?ib- I-- eacv-sal My commission expires: Q 2 20 12- 0 O NE UK L IOwN ? ft M SOMM OMK 6 COMMONWEALTH OF PENNSYLVANIA COUNTY OF ? BEFORE ME, the undersigned authority, on this day personally appeared GILBERT E. PROKOP, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of (? A , 2008. .Notary and for Commonwealth of Pennsylvania Typed or printed name of Notary: rrer My commission expires: COMMORWEALTH OF PENNSYLVANIA NOTARIAL SEAL 6hr8ER L 60N7Z, NOTARY PUBUIC C" DF MIN MAIL DAUPHIN COUNTY MY COMMISSION EXPIRES MAY 17.2012 7 !"! +,`J ?J ? " ?"? C > _ti: r? a _:`r ;- ._? __. L ?? .. - 1':t N ;..{? IV , , . O OCT s o 2008 ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMY TAYLOR-AVERY, ) Plaintiff ) V. ) GILBERT E. PROKOP, } Defendant ) NO. 2008-5906 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE /? ? BRER OF COURT AND NOW, this 7, day of , 2008, it is hereby ORDERED and DECREED that the terms and conditions of the attached Stipulation for Entry of Agreed Upon Custody Order are incorporated herein and hereby made an Order of Court. J. Distribution: Donald T. Kissinger,quire, P.O. Box 810, Harrisburg, PA 17108, (717) 234-2616 Debra R. Mehaffe„quire, 2000 Linglestown Road, Suite 106, Harrisburg, PA 17110, (717) 657-7770 I C :01 WV I c 130 Baal AMY TAYLOR-AVERY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. GILBERT E. PROKOP DEFENDANT 2008-5906 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, October 31, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Monday, November 17, 2008 at 11:30 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: Is/ Dawn S. Sunda Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 r _. I E -01 V ? ` AON 0001 .155'-- ` 1-o iIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMY TAYLOR-AVERY, Plaintiff NO. 2008-5906 CIVIL TERM V. GILBERT E. PROKOP, Defendant CIVIL ACTION - LAW IN DIVORCE INTERIM STIPULATION FOR ENTRY OF AGREED UPON CUSTODY ORDER THIS STIPULATION is made this day of December, 2008, by and between AMY TAYLOR-AVERY (hereinafter "Mother") of Cumberland County, Pennsylvania, and GILBERT E. PROKOP, (hereinafter "Father") of Cumberland County, Pennsylvania; WITNESSETH: WHEREAS, the parties hereto, husband and wife, are the parents of Caroline Grace Avery Prokop (D.O.B. June 23, 2004) and Juliana Katherine Avery Prokop (D.O.B. April 26, 2006) (hereinafter referred to as "the Children"); WHEREAS, the parties separated on or about September 15, 2008; WHEREAS, Mother has filed a Complaint for Custody requesting shared legal and primary physical custody of the Children docketed to the above term and number; and Father has filed a Counterclaim at the same term and number for primary physical custody; WHEREAS, Mother filed a petition under the Protection from Abuse Act on September 18, 2008, and the parties are contemporaneously entering a consent order pursuant to that Act which permits contact between Mother and Father; and WHEREAS, the parties both agree that frequent contact between Father and the minor Children is in the best interests of the minor Children. NOW, THEREFORE, in consideration of the premises, and of the mutual promises, covenants and undertakings hereinafter set forth, Mother and Father, each intending to be legally bound hereby, and agree as follows: Legal Custody. The parties shall share legal custody of the Children, legal custody being defined as the right to make major decisions affecting the best interests of the Children, including, but not limited to, medical, religious, moral, educational and general parenting decisions. See 23 Pa.C.S.A. Section 5301. The parties agree to discuss and consult with one another with a view towards adopting a harmonious policy calculated to promote the Children's best interests. Each party shall have the right to be kept informed of the Children's educational, social, moral and medical development. Each parent shall notify the other of any matter relating to the Children which could reasonably be expected to be of significant concern to the other parent. Day-to-day decisions shall be the responsibility of the parent then having physical custody. The parent having physical custody of the Children at the time of any emergency shall have the right to make any immediate decisions necessitated thereby but shall inform the other parent of that emergency and consult with him or her as soon as possible. 2. Physical Custody. Without prejudice to the rights or claims of either party, and pending a custody conciliation conference and final hearing, or a subsequent written agreement of the parties, interim primary physical custody of the parties' two minor Children, Caroline and Juliana, shall be with Mother, and partial physical custody of the Children shall be 2 with Father. The parties agree to re-negotiate the terms of their custody agreement in good faith no later than March 1, 2009 if there has been no intervening agreement or Order of Court. If the parties are unable to reach an agreement by that date, a custody conciliation conference will be requested and scheduled as soon as possible thereafter. (a) Alternating Weekends. Father shall exercise partial physical custody of the Children on alternating weekends from Fridays at Noon until Sundays at 3:00 p.m., commencing on Friday, December 5, 2008. (b) Venue. Father's said periods of partial physical custody of the Children shall be conducted in the Central Pennsylvania area and Father shall provide Mother with written contact information regarding his lodging for such periods at least three (3) days prior to such custodial periods. This provision notwithstanding, with two (2) weeks advance written notice, Father may take the Children to visit his family in Ohio once per month on his regularly scheduled weekend, which for those weekends only, shall commence on Thursday at Noon and run through Sunday at 3:00 p.m. Father shall be responsible for all transportation of the Children, as restrained in properly installed car seats, necessary to effectuate his partial physical custody, specifically to include picking up and dropping off at the marital residence. (c) Phone Contact. While the Children are in Mother's physical custody, Father may have contact with the minor Children via scheduled telephone calls Monday, Wednesday and Thursday afternoons at 4:00 p.m, and on Saturday afternoons at 4:00 p.m. when they are in Mother's physical custody for the weekend. Additionally, Mother may have telephone contact with the Children at least once per day when they are in Father's physical custody. (d) Web Cam S stem. The parties agree to maintain a web cam system on their computers in order to ensure continuing contact between Father and the Children on an ongoing and consistent basis. (e) Christmas 2008/ New Year's 2009. The parties acknowledge that they have agreed that Mother shall enjoy physical custody of the Children over the Christmas holiday in 2008 to visit with her family out of town. The parties further agree that Father shall enjoy physical custody of the Children from Wednesday, December 31, 2008 at Noon through Sunday, January 4, 2009 at 3:00 p.m. and that he may take them to Ohio to visit with his family. (f) Alcoholic beverages. The parties agree that neither of them will consume any alcoholic beverages to the point of intoxication while having physical custody of the Children, and that they will exercise their best efforts to prevent any third parties with whom the Children will be in contact from doing same. IN WITNESS WHEREOF, the parties hereby agree to the above terms as of the day 4 and date first written above. COMMONWEALTH OF PENNSYLVANIA COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared AMY TAYLOR-AVERY, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of _L?eL° tyj'. ' , 2008. Notary P lic in and foi Commonwealth of Pennsylvania Typed or printed name of Notary: My commission expires: )D g $4 NOvina S. #AW L N#R t N0101 fit MV C0NwAw1*n 1 F 1 act !a, X01 > 5 COMMONWEALTH OF PENNSYLVANIA COUNTY OF k s BEFORE ME, the undersigned authority, on this day personally appeared GILBERT E. PROKOP, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. V, cl GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of A-6A - - , 2008. { Lary P 4b%'c in and for Commonwealth of Pennsylvania Typed or printed name of Notary: My commission expires: COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL GINGER L. GONTI, NOTARY PUBLIC CM OF HARRISBURG, DAUPHIN COUNTY MY COMMISSION EXPIRES MAY 17, 2012 6 I EC 0 5 Z01361 AMY TAYLOR-AVERY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 08-5906 CIVIL ACTION LAW GILBERT E. PROKOP, JR. Defendant IN CUSTODY ORDER AND NOW, this 2nd day of December, 2008, the conciliator, being advised by counsel that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction. The custody conciliation conference scheduled for today is cancelled. FOR THE COURT, ce, Dawn S. Sunday, Esquire Custody Conciliator ? ? r ? , ? - C _ .? , ; -? ?? ?? A JUDGE GUIDO 0 9 ?N'193 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMY TAYLOR-AVERY, ) Plaintiff ) V. ) GILBERT E. PROKOP, ) Defendant ) NO. 2008-5906 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT AND NOW, this V day of bt? '2008, it is hereby ORDERED and DECREED that the terms and conditions of the attached Interim Stipulation for Entry of Agreed Upon Custody Order are incorporated herein and hereby made an Order of Court. J. Distribution: Donald T. Kissinger, Esquire, P.O. Box 810, Harrisburg, PA 17108, (717) 234-2616 Debra R. Mehaffie, Esquire, 2000 Linglestown Road, Suite 106, Harrisburg, PA 17110, (717) 657-7770 Dawn Sunday, Esquire, 39 West Main Street, Mechanicsburg, PA 17055, (717) 766-9622 `? A--_ 1A1/0 •e0 S I :I Wd 01 030 BOOZ Auviut ;, f. L.uu i 3-U JCS D LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: Isaylor(a)-pirlaw.com AMY TAYLOR-AVERY, Plaintiff V. GILBERT E. PROKOP, Defendant. Attorneys for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-5906 CIVIL TERM CIVIL ACTION LAW IN DIVORCE/CUSTODY PETITION FOR MODIFICATION Petitioner, Gilbert E. Prokop, by and through his counsel, The Law Offices of Peter J. Russo, P.C., states the following: 1. Plaintiff/Petitioner, hereinafter referred to as Father, resides at 3609 Wansford Road, Mechanicsburg, Pennsylvania, 17050. 2. Defend ant/Respondent, hereinafter referred to as Mother, is believed to reside at 2956 Fort Lee Street, Oak Hill, VA 20171. 3. The above-named parties are the natural parents of Caroline Grace Avery Prokop, born June 23, 2004, and Juliana Katherine Avery Prokop, born April 26, 2006 (hereinafter collectively "the Children") 4. The current Custody Order, dated December 10, 2008, is attached as Exhibit "A" and incorporated herein by reference. 5. The December 10, 2008, Order of Court, in pertinent part, grants the parties shared legal custody of the Children, with Mother having primary physical r custody and with Father having periods of temporary physical custody every week Friday to Sunday. 6. Father and Mother reconciled within the same month that the December 10, 2008 Order of Court was entered. 7. Father and Mother separated on or about November 12, 2009, upon Mother acting in a menacing manner that resulted in the filing of both criminal charges (CR-0000505-09) and a protection from abuse action (09-7947). 8. Father is entitled to a modification of the current order, which is in the best interest of the Children, for reasons including but not limited to the following: a. Mother has repeatedly acted in a menacing manner in the presence of the Children; b. Mother suffers from psychological problems for which she does not follow the recommended therapy and/or medication treatment, resulting in unpredictable and inappropriate behavior; c. It is believed and thus averred that on November 12, 2009, Mother deceitfully reported a death in the family in attempt to withdraw the children from school and flee to Virginia, without Father's knowledge or consent; d. Since November 12, 2009, Mother, while believed to be in Virginia, has had no contact with the Children, nor has she inquired into their well-being; e. Father has been the primary caregiver to the Children, for at least the previous ten (10) months; f. Father is the only parent able to provide a nurturing and stable home environment for the Children and for the Children's emotional, physical, medical and educational needs; g. Father is the parent most likely to foster a relationship with the other parent. 9. The undersigned counsel contacted Mother's counsel of record, who indicated she had no authority to concur with the relief requested within this Petition. 10. The Honorable Edward E. Guido has entered all previous Orders in this matter. The Honorable Edward E. Guido and the Honorable Edgar B. Bayley have entered Orders in related matters. WHEREFORE, Father respectfully requests the following: a. That this matter be scheduled for a custody conciliation to modify the terms of the current custody Order. b. That Mother and Father continue to share legal custody of the Children. C. That Father be granted primary physical custody of the Children. d. That Mother be granted periods of partial physical custody of the Children upon compliance with recommended mental health treatment and as recommended by a mutually selected mental health professional. e. Any other relief this Court finds just and proper. Respectfully submitte LAW S PETER J. RUSSO, P.C. Attorneys for Defendant Peter J. Russo, Esquire ID # 72897 Elizabeth J. Saylor, Esquire I D # 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 PH: (717) 591-1755 FX: (717) 591-1756 VERIFICATION I, Gilbert E. Prokop, verify that the statements made in the forgoing document are true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904 relating to unsworn falsification to authorities. Dated: 25? filbert E. Pro op AMY TAYLOR-AVERY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-5906 CIVIL TERM GILBERT E. PROKOP, CIVIL ACTION LAW Defendant. IN DIVORCE/CUSTODY CERTIFICATE OF SERVICE I, Amber L. Southard, hereby certify that I am on this day serving a copy of the Petition to Modify upon the person(s) and in the manner indicated below: Service by First-Class Mail, Postage Prepaid, and Addressed as Follows: Debra R. Mehaffie, Esquire Scaringi & Scaringi, P.C. 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 Attorney for Plaintiff Amy Taylor-Avery 2956 Fort Lee Street Oak Hill, VA 20171 vaha&d OK V&zd_ Amber L. Southard, Paralegal Date: I f ILE -;= r r T H r 2Cj og tjo j ? Ij F i ,fit 4, ??i 01 AMY TAYLOR-AVERY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. GILBERT E. PROKOP DEFENDANT 2008-5906 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, December 03, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, January 05, 2010 at 2:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Dawn S. Sunda Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our oft-ice. 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 »* OTAAY 2004 DEC -3 Pik 3: 541 J` 41-3Of AMY TAYLOR-AVERY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-5906 CIVIL TERM GILBERT E. PROKOP, CIVIL ACTION LAW Defendant. IN DIVORCE/CUSTODY WITHDRAWAL OF APPEARANCE AS COUNSEL Kindly withdraw our appearances as counsel on behalf of Gilbert E. Prokop, Defendant in the above captioned action. Date: Date: a' 3 Howett, Kissinger & Holst, P.C. 130 Walnut Street P.O. Box 810 -Harrisburg, PAJ7108 , Don-aTd'T. Kissinger, E*juire Attorney I.D. 47937 eb cca McClincy, Esq e Attorney I.D. 59249 ENTRY OF APPEARANCE AS COUNSEL Kindly enter my appearance as counsel on behalf of Gilbert E. Prokop, Defendant in the above captioned action. Date: / y Z?? Law Offices of Peter J. Russo, P.C. 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Peter J. usso, Esquire Vlizabeth 0.72897 J. Saylor, Esquire I.D. No. 200139 AMY TAYLOR-AVERY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-5906 CIVIL TERM GILBERT E. PROKOP, CIVIL ACTION LAW Defendant. IN DIVORCE/CUSTODY CERTIFICATE OF SERVICE 1, Amber L. Southard, hereby certify that I am on this day serving a copy of the Withdrawal and Entry of Appearance as Counsel upon the person(s) and in the manner indicated below: Service by First-Class Mail, Postage Prepaid, and Addressed as Follows: Debra R. Mehaffie, Esquire Scaringi & Scaringi, P.C. 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 Attorney for Plaintiff Howett, Kissinger & Holst, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Date: 12 ti iog_ Amber L. Southard, Paralegal iJ"Ll F tt OF THE 7 ONOTA 2009 DEC -8 AM 11 •• Q 5 CUM r i ,,UNTY PF.NfvSYLVAa IfA AMY TAYLOR-AVERY Plaintiff vs. GILBERT E. PROKOP Defendant DEC 28pppg, ?n? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-5906 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this _ day of 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall submit themselves, their minor Children, and any other individuals deemed necessary by the evaluator to a custody evaluation to be performed by a professional selected by agreement between the parties and counsel within 10 days of the custody conciliation conference. All costs of the evaluation shall be shared equally between the parties. The parties shall sign any authorizations deemed necessary by the evaluator in order to obtain additional information pertaining to the parties or the Children. 2. Pending completion of the custody evaluation and agreement of the parties or further Order of Court, the parties shall have shared legal and physical custody of the Children. 3. The parties shall have physical custody of the Children in accordance with the following schedule: A. The Mother shall have custody of the Children from the date of the custody conciliation conference through December 26 at 6:00 p.m. B. The Father shall have custody of the Children from December 26, 2009 at 6:00 p.m. through January 2, 2010 at 6:00 p.m. C. The Mother shall have custody of the Children from January 2 at 6:00 p.m. through January 7, 2010 after school. D. The Father shall have custody of the Children from Thursday, January 7, 2010 after school through the following Thursday, which shall begin the alternating weekly schedule with the exchange to take place every Thursday after school. E. All exchanges of custody shall take place at the Children's school and, for exchanges that do not take place on a school day, the parties shall exchange custody at the Good Shepherd parking lot. The parties shall conduct all custody exchanges in a civil and cooperative manner to promote the emotional well-being of the Children. 4. The Father may make arrangements for the Children's nanny to pick up the Children on a Thursday after school at the beginning of the Father's periods of custody in the event the Father is returning that same day from business travel but will not be back in the area in time to personally pick up the Children. 5. Both parties shall ensure that the Children attend all of their regularly scheduled activities during that parent's week of custody. Neither party shall enroll the Children in new activities unless the parties have agreed to do so in advance. 6. The Father shall notify the Mother at least one week in advance of any times he will be unavailable during his periods of custody due to business travel. The Father shall notify the Mother under this provision through counsel, who will assist the parties in making the specific arrangements for adjusted dates and times for exchanges of custody. The Mother shall have custody of the Children during any period of time during which the Father is unavailable due to business travel. 7. The parties shall make arrangements for Caroline to continue in therapy with Georgi Anderson. The parties shall contact Juliana's preschool teacher to determine whether there are any recommendations regarding counseling for Juliana. 8. Within 60 days of receipt of the evaluator's written custody recommendations, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference, if necessary. Counsel for the parties may also contact the conciliator to schedule a conference call to address additional holidays, if necessary due to delays in completion of the custody evaluation. 9. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 10. The parties may modify the provisions of this Order by mutual consent in writing. In the absence of mutual consent in writing, the terms of this Order shall control. BY COURT, Edward E. Guido J. cc: zabeth J. Saylor, Esquire - Counsel for Father ?e " Debra R. Mehaffe, Esquire - Counsel for Mother 4_1 AMY TAYLOR-AVERY Plaintiff vs. GILBERT E. PROKOP Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-5906 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH Caroline Grace Avery Prokop June 23, 2004 Juliana Kathryn Avery Prokop April 26, 2006 2. A custody conciliation conference was held on December 21, 2009, with the following individuals in attendance: the Mother, Amy Taylor-Avery, with her counsel, Debra R. Mehaffie, Esquire, and the Father, Gilbert E. Prokop, with his counsel, Elizabeth J. Saylor, Esquire. 3. This Court previously entered an Order in this matter on December 10, 2008, although the parties reconciled soon after the entry of the Order and have now separated on November 12, 2009. In addition, there is a Protective Order against the Mother which was entered recently and a Protective Order against the Father which was entered previously. Both parties seek primary physical custody of the Children, but have agreed to obtain a custody evaluation to assist them in determining what type of arrangements will best meet the Children's needs. The parties were able to reach an agreement as to the Christmas and New Year's holiday this year and to establish other arrangements on minor issues. 4. The conciliator recommends an Order in the form as attached reflecting the parties' agreements as to the custody evaluation, counseling for the oldest Child, place of exchange and other details as well as the conciliator's recommendations for the shared custody schedule on a temporary basis pending completion of the custody evaluation. con., Date Dawn S. Sunday, Esquire Custody Conciliator ,7 THr PP' 2009 DEC 30 AM iJ LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: Isaylor@pjdaw.com Attorneys for Defendant AMY TAYLOR-AVERY, Plaintiff V. GILBERT E. PROKOP, Defendant. t 1'? Z? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-5906 CIVIL TERM CIVIL ACTION LAW IN DIVORCE/CUSTODY PETITION FOR CONTEMPT AND MODIFICATION Petitioner, Gilbert E. Prokop, by and through his counsel, The Law Offices of Peter J. Russo, P.C., states the following: 1. Petitioner, hereinafter referred to as Father, resides at 702 Quarter Circle, Apt 4, Lewisberry, York County, Pennsylvania 17339. 2. Respondent, hereinafter referred to as Mother, resides at the marital residence located at 3609 Wansford Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. The above-named parties are the natural parents of Caroline Grace Avery Prokop, born June 23, 2004, and Juliana Katherine Avery Prokop, born April 26, 2006 (hereinafter collectively "the Children") 4. The current Custody Order, dated December 29, 2009, is attached as Exhibit A and incorporated herein by reference (hereinafter "Order") d-ct LGL ? 3 S?' 5. The Order in pertinent part, grants the parties shared legal and physical custody of the children pending completion of the custody evaluation and agreement of the parties or further Order of Court. 6. Paragraph 1 of the Order states in pertinent part that the parties shall submit themselves to a custody evaluation and that all costs of said evaluation shall be shared equally between the parties. 7. The parties agreed the Dr. Kasey Shienvold would perform said evaluation. 8. As set forth in the letter from Dr. Shienvold's office, attached hereto as Exhibit B and incorporated herein, Mother has failed to move forward with said evaluation. 9. Father believes and thus avers that Mother is alleging that she is not financially able to afford the costs of said evaluation, despite her earning a salary of approximately $90,000.00 per year and not paying the mortgage payments as agreed on the marital residence for months. 10. Mother has further willfully disobeyed the current Order in ways including, but not limited to, the following: a. Mother has not conducted all custody exchanges in a civil and cooperative manner to promote the emotional well-being of the Children per Paragraph 3(E) of the Order as she, on or about January 15, 2010, verbally attacked the Children's' Nanny while she was holding Juliana during the custody exchange. b. Mother and Mother's mother acted in violation of Paragraph 9 of the Order when: i. On or about January 26, 2010, while on speaker phone with the parties' Children, Mother verbally attacked Father alleging that he was going to kidnap the Children and threatening to call the police; and ii. On or about January 13, 2010, while in the presence of Juliana and her young friend, Mother verbally attacked Juliana's friend's mother at ballet class, in front of both Juliana and her friend, falsely alleging that Father was having sexual relations with her. iii. On or about January 14, 2010, while the aforementioned mother of Juliana's friend was teaching a Teenage Sunday School Class at church, Mother's mother had Juliana point out her friend's mother, at which time the Mother's mother indicated before all present that she was not impressed. Mother further made inappropriate allegations toward Father in the common meeting area of the church, which Father believes and thus avers has resulted in a meeting being scheduled between Mother and church officials. c. Mother has acted in violation of Paragraph 2 of the Order as she has misrepresented communications and recommendations made by the children's pediatrician and has further made and attended three (3) medical appointments for the children without informing Father. d. Mother has further not acted in the best interest of the children as she: i. Has to date failed to sign and return the consent form needed to get Juliana counseling, which has been in her possession for approximately one (1) month, despite counseling being recommended by Juliana's preschool teachers per Paragraph 7 of the Order; ii. Has failed to make the children available for the agreed upon phone contact on three (3) occasions; iii. Has allowed Caroline to sleep in Mother's bed, with Mother, on a regular basis; and iv. Has threatened to keep the children during Father's periods of custody and has further acted unreasonably and in a manner that will hinder rather than foster the children's relationship with their Father, as illustrated in Exhibit C, attached hereto and incorporated herein. 11. Father has repeatedly tried to communicate with and cooperate with Mother to effectively raise the children. 12. Mother's attorney does not concur with the relief requested in this Petition. 13. Judge Guido and Judge Bayley have entered all related Orders. WHEREFORE, Father respectfully requests the following: a. That this Court find Mother in contempt of the Order; b. That this matter be scheduled for a custody conciliation to modify the terms of the current custody Order. c. That Mother and Father continue to share legal custody of the Children. d. That Father be awarded primary physical custody pending the completion of the evaluation. e. That Mother be ordered to immediately: i. Move forward with the evaluation as set forth in Paragraph 1 of the Order; ii. Sign and return the consent form needed to get Juliana into counseling with Ms. Anderson; iii. Conduct all custody exchanges in a civil and cooperative manner; iv. Inform Father of medical appointments and other important events concerning the Children; v. Cease disparaging and inappropriate behavior before the Children, and request that her mother does the same; and vi. Otherwise act in the best interest of the Children and in compliance with the terms of the Order. f. That Mother be responsible for reasonable counsel fees and costs. g. Any other relief this Court finds just and proper. Respectfully submitted, Date: /a? AW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Defendant Peter J. Russo, Esquire I D # 72897 Elizabeth J. Saylor, Esquire ID # 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 PH: (717) 591-1755 FX: (717) 591-1756 O2/26/2010 14:40 3128422785 FEDEXOFFICE5020 PAGE 02102 To: Gilbert Qrokop k'M 17175911755 4 26 10 3:37pa p, 2 of 2 VERIFI AT10N 1, Gilbert E. Prokop, verify that the statements made in the forgoing document are true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904 relating to unswom falsification to authorities. Dated: -(? ?- D filbert E. Prokop EXHIBIT A DEC 2 8 2009 G AMY TAYLOR AVERY Plaintiff VS. GILBERT E. PROKOP Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-5906 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this day of I c r..'LC&_ 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall submit themselves, their minor Children, and any other individuals deemed necessary by the evaluator to a custody evaluation to be performed by a professional selected by agreement between the parties and counsel within 10 days of the custody conciliation conference. All costs of the evaluation shall be shared equally between the parties. The parties shall sign any authorizations deemed necessary by the evaluator in order to obtain additional information pertaining to the parties or the Children. 2. Pending completion of the custody evaluation and agreement of the parties or further Order of Court, the parties shall have shared legal and physical custody of the Children. 3. The parties shall have physical custody of the Children in accordance with the following schedule: A. The Mother shall have custody of the Children from the date of the custody conciliation conference through December 26 at 6:00 p.m. B. The Father shall have custody of the Children from December 26, 2009 at 6:00 p.m. through January 2, 2010 at 6:00 p.m. C. The Mother shall have custody of the Children from January 2 at 6:00 p.m. through January 7, 2010 after school. D. The Father shall have custody of the Children from Thursday, January 7, 2010 after school through the following Thursday, which shall begin the alternating weekly schedule with the exchange to take place every Thursday after school. E. All exchanges of custody shall take place at the Children's school and, for exchanges that do not take place on a school day, the parties shall exchange custody at the Good Shepherd parking lot. The parties shall conduct all custody exchanges in a civil and cooperative manner to promote the emotional well-being of the Children. 4. The Father may make arrangements for the Children's nanny to pick up the Children on a Thursday after school at the beginning of the Father's periods of custody in the event the Father is returning that same day from business travel but will not be back in the area in time to personally pick up the Children. 5. Both parties shall ensure that the Children attend all of their regularly scheduled activities during that parent's week of custody. Neither party shall enroll the Children in new activities unless the parties have agreed to do so in advance. 6. The Father shall notify the Mother at least one week in advance of any times he will be unavailable during his periods of custody due to business travel. The Father shall notify the Mother under this provision through counsel, who will assist the parties in making the specific arrangements for adjusted dates and times for exchanges of custody. The Mother shall have custody of the Children during any period of time during which the Father is unavailable due to business travel. 7. The parties shall make arrangements for Caroline to continue in therapy with Georgi Anderson. The parties shall contact Juliana's preschool teacher to determine whether there are any recommendations regarding counseling for Juliana. 8. Within 60 days of receipt of the evaluator's written custody recommendations, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference, if necessary. Counsel for the parties may also contact the conciliator to schedule a conference call to address additional holidays, if necessary due to delays in completion of the custody evaluation. 9. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 10. The parties may modify the provisions of this Order by mutual consent in writing. In the absence of mutual consent in writing, the terms of this Order shall control. BY THE COURT, d E. Guido J. cc: Elizabeth J. Saylor, Esquire - Counsel for Father Debra R. Mehaffie, Esquire - Counsel for Mother T +F,' AMY TAYLOR-AVERY Plaintiff VS. GILBERT E. PROKOP Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-5906 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY, REPORT IN ACCORDANCE W1TH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH Caroline Grace Avery Prokop June 23, 2004 Juliana Kathryn Avery Prokop April 26, 2006 2. A custody conciliation conference was held on December 21, 2009, with the following individuals in attendance: the Mother, Amy Taylor-Avery, with her counsel, Debra R. Mehaffie, Esquire, and the Father, Gilbert E. Prokop, with his counsel, Elizabeth J. Saylor, Esquire. 3. This Court previously entered an Order in this matter on December 10, 2008, although the parties reconciled soon after the entry of the Order and have now separated on November 12, 2009. In addition, there is a Protective Order against the Mother which was entered recently and a Protective Order against the Father which was entered previously. Both parties seek primary physical custody of the Children, but have agreed to obtain a custody evaluation to assist them in determining what type of arrangements will best meet the Children's needs. The parties were able to reach an agreement as to the Christmas and New Year's holiday this year and to establish other arrangements on minor issues. 4. The conciliator recommends an Order in the form as attached reflecting the parties' agreements as to the custody evaluation, counseling for the oldest Child, place of exchange and other details as well as the conciliator's recommendations for the shared custody schedule on a temporary basis pending completion of the custody evaluation. Date Dawn S. Sunday, Esquire Custody Conciliator EXHIBIT B Rieder - Shienvold VA & Associates February 25, 2010 Scaringi & Scaringi Debra R. Mehaffie, Esquire 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 Law Office of Peter Russo, P.C. Elizabeth Saylor, Esquire 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Re: Amy Taylor-Avery v. Gilbert E. Prokop,Jr. Custody Evaluation (Per the Order of Court dated 12129/09) Dear Attorneys, Elliot Ricgler, Ph.D. (1948-1999) Arnold T. Shienvold, Ph.D. Melinda r•,ash. 195 James Eash, LSW Bonnie Howard, Ph.U. Arny K. Keisling. ACSIti', LC'SW Tracy Richards, QCSW, L(-'SW Jeffrey Pincus, Ph.D. Ann Verealcs, ACS1l'. LCSW Kasey Shienvold, Psy.D. Shanen Turk-Geller, LCSW John Sivlcy, LCSW, CAC Janet Frankel Staub, LCSW, QCSG'r'' The purpose of my letter is to update you on the status of the custody evaluation that Dr. Kasey Shienvold is conducting with regard to your clients. Mr. Prokop has met with Dr. Shienvold on three occasions (1/26/10, 2/8/10 and 2/22/10). Mr, Prokop's visit with the children on 2/24/10 was cancelled by our office because Ms. Taylor-Avery has failed to contact our office to schedule her initial visit. Ms. Taylor-Avery was scheduled on 2/8/10 for her initial visit with Dr. Shienvold, however, her appointment was cancelled on 2/5110 by Ms. Taylor-Avery's mother who reported that her daughter had a work conflict and that she would call on 2/8/10 to reschedule. I attempted to reach Ms. Taylor- Avery on 2/22/10 and a message was left on her cell phone. As of this date, I have not heard back from Ms. Taylor-Avery. At this point, the evaluation cannot move forward until Ms. Taylor-Avery contacts me to schedule her initial appointment. I may be reached at (717) 540-1313. If you have any questions, please contact me. Sincerely, Susan Smith Administrative Assistant Dr. Kasey Shienvold 2151 Linglestown Road, Suite 200 - Harrisburg, Pennsylvania 171 10 - (717) 540-1313 - Fax: (717) 540-1416 www.riegiershienvold.com Z-d 9 L? 1-OtS-L LL oossy 12 Plonue14S ae1691b dL0:90 06 9Z 9a-I EXHIBIT C `Liz Saylor From: Liz Saylor lisaylor@pjdaw.com] Sent: Wednesday, February 24, 20101:22 PM To: 'Liz Saylor' Subject: FW: Week of March 8 From: Liz Saylor jmailto:lsaylor@pjrlaw.com) Sent: Wednesday, February 24, 2010 1:22 PM To: 'Liz Saylor' Subject: FW: Week of March 8 ---------- Forwarded message ---------- From: gilbert prokop <burmanohiona,gmail.com> Date: Wed, Feb 24, 2010 at 11:29 AM Subject: Re: Week of March 8 To:.ata.edrn(@P-mail.com I am not trying to be difficult, I am just trying to share some time with our children. Thank you for your consideration. Gil On Wed, Feb 24, 2010 at 10:41 AM, <ata.edrn@gmail.com> wrote: Gil You misunderstand the nature of our custody arrangements in as such my mother provides care for the children when I am at work not as a adjunct to my own care giving. Therefore your assumption that by taking the girls away from their home for a crusrary dinner in some way helps my mother out is perverse. Therefore I reiterate my original statement that I will receive the children on Feb 26 as scheduled and will return them to you on March 19th as scheduled. Sent on the Sprint@ Now Network from my B1ackBeny@ From: gilbert prokop <burmanohiongmail.com> Date: Wed, 24 Feb 2010 09:12:59 -0500 To: <ata.edrn@email.com> Subject: Re: Week of March 8 You have to understand that I had nothing to do with determining when the National Sales meeting was scheduled. I am grateful that you are helping out but I though your mother would like a break and return home for a weekend. Since you are not willing to allow me to spend overnight time with our children would you consider allowing me to take them to lunch or dinner during the weekend? I am only asking to spend time with our children and I would hope that you would understand where I am coming from. Again, thank you for your consideration and a timely response. Gil On Wed, Feb 24, 2010 at 8:54 AM, <ata.e-d-m- email.com> wrote: No Gil you have to consider when these business trips occur that you are not only affecting me but my mother and step father. You should be grateful that we are willing to help you out and thus eliminating the costs that you would accrue with 24 hour child care coverage. ATA Sent on the Sprint® Now Network from my BlackBerry® ..-..-- rom: gilbert prokop <burmanohio(a gmaii com> Date: Wed, 24 Feb 2010 08:48:49 -0500 To: <ata.edrna gmail.com> Subject: Re: Week of March 8 I would like you to reconsider and allow me to have the children from March 12th through the 14th. On the 12th we could exchange at 2:50, at Good Shep and I would return them after church on Sunday. I just feel that they need to see their father and three weeks is too long to go without spending time with me. Thank you for considering my request and I am looking forward to a timely response. Gil On Mon, Feb 22, 2010 at 8:07 AM, 'cata.ed-m--@ mail com> wrote: Gil: In response to your email last night regarding you SS White National Sales Meeting.. I will accept custody of the children as scheduled on February 26th and will maintain custody of the girls til March 19th. When you will have your normal scheduled week. Amy Sent on the Sprint® Now Network from my BlackBerry® From: gilbert prokop <b?nohiona amail com> Date: Sun, 21 Feb 2010 19:35:14 -0500 To: Amy Taylor Avery<ata.edrn@,grnail com>; Liz Saylor<lsa for c rlaw.com> Subject: Week of March 8 Amy, I just want to let you know that SS White's national sales meeting is being held March 7 through March 11. I am scheduled to have the girls that week and I was hoping that you would let me have them over the weekend of March 12 through the 14th. I can'Lavoid this and hope to prevent this from happening in the future. Thank you for your understanding and consideration. Gil AMY TAYLOR-AVERY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-5906 CIVIL TERM GILBERT E. PROKOP, CIVIL ACTION LAW Defendant. IN DIVORCE/CUSTODY CERTIFICATE OF SERVICE I, Amber L. Southard, hereby certify that I am on this day serving a copy of the Petition to Modify upon the person(s) and in the manner indicated below: Service by First-Class Mail, Postage Prepaid, and Addressed as Follows: Debra R. Mehaffie, Esquire Scaringi & Scaringi, P.C. 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 Attorney for Plaintiff Amy Taylor-Avery 2956 Fort Lee Street Oak Hill, VA 20171 j9" kar 1? l Amber L. Southard, Paralegal Date: Z h-) r i Zn 7-1ttPR N('j ?T ARY Scaringi & Scaringi, P.C. Debra R. Mehaffie, Esquire I.D. No. 90951 2000 Linglestown Road, Suite 106 Harrisburg, Pennsylvania 17110 Tele: (717) 657-7770 Fax: (717) 657-7797 Debra(d)scaringilaw.com AMY TAYLOR-AVERY, Plaintiff -v- GILBERT E. PROKOP, Defendant 1010 MAR -4 Pik 2: 51 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-5906-CIVIL TERM CIVIL ACTION LAW IN DIVORCE / CUSTODY PETITION FOR LEAVE TO WITHDRAW AS COUNSEL PURSUANT TO Pa. R.C.P. 1012 AND NOW COMES, Petitioner Debra R. Mehaffie, Esquire and Scaringi & Scaringi, P.C. who respectfully requests that this Honorable Court grant her permission to withdraw as counsel on behalf of Plaintiff Amy Taylor-Avery and in support thereof avers as follows: 1. Your Petitioner is presently counsel of record for Plaintiff Amy Taylor-Avery in the above-captioned divorce and custody matters. 2. Pennsylvania Rule of Professional Conduct 1.16(b) provides in pertinent part: ... a lawyer may withdraw from representing a client if withdrawal can be accomplished without material adverse effect on the interest of the client, or if: (6) other good cause for withdrawal exists. s a 3. Your Petitioner seeks to withdraw as counsel for Ms. Avery in this matter because it is believed that grounds exist pursuant to Rule of Professional Conduct 1.16(b) (6). 4. Withdrawal of Debra R. Mehaffie, Esquire will not materially prejudice Ms. Avery or delay pending litigation. 5. Petitioner sought concurrence from Defendant's counsel Elizabeth J. Saylor, Esquire concerning the request made herein and she does not object to Petitioner's withdrawal. 6. Judge Guido and Judge Bayley have entered Orders concerning the parties. WHEREFORE, your Petitioner respectfully requests that this Honorable Court grant Petitioner's request to withdraw as counsel on behalf of Amy Taylor-Avery in the above- captioned matter. Respectfully submitted: GI & SCARINGI, P.C. Date: u 4? Vebra R. Mehaffie, Esquire v 12000 Linglestown Road, Suite 106 Harrisburg, Pennsylvania 17110 Tele: (717) 657-7770 Fax: (717) 657-7797 Debra(,scaringilaw.com 2 AMY TAYLOR-AVERY, Plaintiff -v- GILBERT E. PROKOP, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-5906-CIVIL TERM CIVIL ACTION LAW IN DIVORCE / CUSTODY CERTIFICATE OF SERVICE I, Amanda L. Emerson, Paralegal for Scaringi & Scaringi, P.C. do hereby certify that a copy of the foregoing Petition for Leave to Withdraw as Counsel in the above-captioned case has been duly served upon the following individual(s) by depositing same in the United States Mail, First Class, Postage Prepaid, addressed as follows: Elizabeth J. Saylor, Esquire 5006 E. Trindle Road, Suite 100 Mechanicsburg, Pennsylvania 17050 (and via E-mail) Amy Taylor-Avery 3609 Wansford Road Mechanicsburg, Pennsylvania 17050 (and via E-mail) Date: .3 ID Amanda L. Emerson, Paralegal 3 AMY TAYLOR-AVERY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. GILBERT E. PROKOP DI:FFNDANT 2008-5906 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, March 02, 2010 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Monday, April 05, 2010 at 12:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entrv of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunda Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 '3F THE P Q??TARY 2010 MAR -3 AN 10: 51 CUMBE" Lr'V. L) (ZUNIY PENt,&LVA* 1. . ,, MAR 0 ,5 Lu, u AMY TAYLOR-AVERY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA -v : NO. 2008-5906-CIVIL TERM GILBERT E. PROKOP, Defendant : CIVIL ACTION LAW IN DIVORCE / CUSTODY RULE TO SHOW CAUSE AND NOW, this day of r4? 2010, upon presentation and consideration of the within Petition to Withdraw as Counsel, it is hereby ORDERED that a Rule is entered upon Plaintiff Amy Taylor Avery and Defendant Gilbert E. Prokop to show cause why, if any, said Petition should not be granted. Rule returnable 0?b days after service. J. Distribution: ?a R. Mehaffie, Esquire, 2000 Linglestown Road, Suite 106, Harrisburg, Pa 17110 .?Ttizabeth J. Saylor, Esquire, 5006 E. Trindle Road, Suite 100, Mechanicsburg, Pa 17050 ?41n.7 '_G110ti-4CX? V N. rrt? t L-C 3 8 ??o 1 co '? _ ?, IT, C/1 LAW OFFICES OF PE? BY: Elizabeth J. Saylor, PA Supreme Court ID: 5006 E. Trindle Road, S Mechanicsburg, PA 170: Telephone: (717) 591-1 Facsimile: (717) 591-17 Email: Isaylor@pjrlaw.cc Attomevs for Defendant J. RUSSO, P.C. 139 100 ncE OF THc ppn-Ff,, },I1 ?Y 2 3 'i AMY TAYLOR-AVERY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-5906 CIVIL TERM GILBERT E. PROKOP, Defendant. CIVIL ACTION LAW IN DIVORCE/CUSTODY PRAECIPE TO AMEND Kindly amend the 2010 by adding the attac Date: 3?/y'???? :ion for Contempt and Modification filed on February 26, original Verification signed by Defendant. Respectfull submitted, LAW OFFICES PETER J. RUSSO, P.C. Attorneys for Defendant Peter J. Russo, Esquire ID # 72897 Elizabeth J. Saylor, Esquire ID # 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 PH: (717) 591-1755 FX: (717) 591-1756 VERIFICATION I, Gilbert E. Pr4op, verify that the statements made in the forgoing document are true an correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904 relatin to unsworn falsification to authorities. t Dated: .Z ilbert E. Prokop AMY TAYLOR-AVERY, Plaintiff V. GILBERT E. PROKOP, Defendant) I, Amber L. Praecipe to Amend upon Service by First-Class Debra R. Mehaffie, Esqui Scaringi & Scaringi, P.C. 2000 Linglestown Road, Harrisburg, PA 17110 Attorney for Plaintiff Amy Taylor-Avery 3609 Wansford Road Mechanicsburg, PA 1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-5906 CIVIL TERM CIVIL ACTION LAW IN DIVORCE/CUSTODY CERTIFICATE OF SERVICE hereby certify that I am on this day serving a copy of the person(s) and in the manner indicated below: , Postage Prepaid, and Addressed as Follows: cite 106 gzk ,? - Amber L. Southard, Paralegal Date: 3 2 2 Scaringi & Scaringi, P.C. Debra R. Mehaffie, Esquire I.D. No. 90951 2000 Linglestown Road, Suite 106 Harrisburg, Pennsylvania 17110 Tele: (717) 657-7770 Fax: (717) 657-7797 Debra(d) scaringilaw.com AMY TAYLOR-AVERY, Plaintiff -v- GILBERT E. PROKOP, Defendant yy,! UIU i'ih ' n rt r I 2: c IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-5906-CIVIL TERM CIVIL ACTION LAW IN DIVORCE / CUSTODY MOTION TO MAKE RULE ABSOLUTE AND NOW COMES, Debra R. Mehaffie, Esquire and Scaringi & Scaringi, P.C. who respectfully requests that this Honorable Court grant her permission to withdraw as counsel on behalf of Plaintiff Amy Taylor-Avery and in support thereof avers as follows: 1. On March 4, 2010, the undersigned filed a Petition to Withdraw as Counsel on behalf of Plaintiff Amy Taylor-Avery, in the above-captioned matter. 2. On March 8, 2010 the Honorable Edward E. Guido entered a Rule to Show Cause upon Plaintiff Amy Taylor- Avery and Defendant Gilbert E. Prokop, to show cause why, if any, said Petition should not be granted. The rule was returnable 20 days after service. A copy of the Rule to Show Cause is attached hereto and marked as Exhibit «A» Exhibit "B" The Attorneys Cdrlllgl & Marc A. Scaringi Melanie Walz Scaringi Cdrlllgl, P.C. Virginia Henning* A Full Service Law Firm Frank C. S luzis Debra R. Mehaffie www.scaringilaw.com Laurence C. Kress* 2000 Linglestown Road, Suite 106 Margaret M. Simok Harrisburg, PA 17110 Megan E. Castor 717-657-7770 Keith E. Kendall *AlsoAdmitted in MD 717-657-7797 (fax) Also Admitted inAZ (Please reply to Harrisburg Office) March 10, 2010 Via E-mail and First Class Mail Amy Taylor Avery 3609 Wansford Road Mechanicsburg, Pa 17050 RE. Amy Taylor Avery v Gilbert E. Prokop, Jr. No. 2008-5906 (Divorce/ Custody) Dear Amy: The Administrative Staff Mary Beth Lake Firm Administrator Dominic M. Fure Assistant Firm Adminstrator Mary L. Snyder Law Clerk Amanda L. Emerson Paralegal Newport Office 14 S. 2nd Street Newport, PA 17074 Enclosed please find Judge Guido's Rule to Show Cause providing you with twenty (20) days after service to respond to my Petition to Withdraw as Counsel in the above-referenced matter, if you so desire. Thank you for your time and 4ttpntibn in this r truly y s ?k i R. ehafl Enclosure The Attorneys CdYlrigl -? & Marc A. Scaringi Melanie Walz Scaringi CdYingl, P.C. Virginia H. Henning* A Full Service Law Firm Frank C. Sluzis www.searingilaw.com Debra R. Mehaffie Laurence C. Kress** 2000 Linglestown Road, Suite 106 Margaret M. Simok Harrisburg, PA 17110 Megan E. Castor 717-657-7770 Keith E, Kendall *Also Admitted in MU 717-657-7797 (fax) **Also Admitted in AZ (Please reply to Harrisburg Office) March 10, 2010 Elizabeth J. Saylor, Esquire Law Offices of Peter J. Russo, P.C. 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 RE. Amy Taylor Avery v Gilbert E. Prokop, Jr. No. 2008-5906 (Divorce/ Custody) Dear Elizabeth: Mary Beth Lake Firm Administrator Dominic M. Fure Assistant Firm Adminstrator Mary L. Snyder Law Clerk Amanda L. Emerson Paralegal lice Newport Office 1.4 S. 2nd Street Newport, PA 17074 Enclosed please find Judge Guido's Rule to Show Cause providing the parties twenty (20) days after service to respond to my Petition to Withdraw as Counsel in the above-referenced matter. Thank you for your tii Enclosure Cc: Amy Taylor Avery (w APR U "I 2010 3 AMY TAYLOR-AVERY, : IN THE Plaintiff : CUMBI _v_ : NO. 20( GILBERT E. PROKOP, : Defendant : CIVIL IN DIV -_OURT OF COMMON PLEAS BLAND COUNTY, PENNSYLVANIA 3-5906-CIVIL TERM ON LAW E/CUSTODY ORDER AND NOW THIS day of , 2010, upon consideration of the Petition for Leave to Withdraw as Counsel, Motio to Make Rule Absolute, and noting that no response or objection was filed by Plaintiff or Defend t to the Petition, it is hereby ORDERED that said Petition is GRANTED. Scaringi & Scaringi, .C. and Debra R. Mehaffie, Esquire, are withdrawn as counsel for Plaintiff Amy Taylor-A in the above-captioned matter. 1 n : J. Distribution: Debra R. Mehaffie, Esquire, 000 Linglf ,,Yelizabeth J. Saylor, Esquire, 5006 E. Tri m Road, Suite 106, Harrisburg, Pa 17110 Road, Suite 100, Mechanicsburg, Pa 17050 0 0 LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: Isaylor@pjdaw.com Attorneys for Defendant AMY TAYLOR-AVERY, Plaintiff V. GILBERT E. PROKOP, Defendant. F LED-: OPT 2016 APR -5 Rai 8: ,18 IN THE COURT OF COMMON PLEAS CUM ERLAND COUNTY, PENNSYLVANIA NO. 2008-5906 CIVIL TERM CIVIACTION LAW IN DI gORCE/CUSTODY )RAW DEFENDANT'S TO THE PROTHONOTARY: Please withdraw Defendant's, Gilbert E, and Modification in regards to the above February 26, 2010. Date: NT Prokop's, Petition for Contempt action which was filed on Res pectfu I ly1 su bm itted, LAW OFFIC Peter J. Ru: Attorney I.D Elizabeth J. Attorney I.D Attorneys fo 5006 E. Trir Mechanicsb Telephone: Facsimile: S OF PETER J. RUSSO, P.C. o, Esquire No. 72897 aylor, Esquire No. 200139 Plaintiff le Road, Suite 100 rg, PA 17050 717) 591-1755 17) 591-1756 AMY TAYLOR-AVERY, Plaintiff V. GILBERT E. PROKOP, Defendant IN THtCOURT OF COMMON PLEAS CUMB RLAND COUNTY, PENNSYLVANIA NO. 2408-5906 CIVIL TERM CIVIL ? CTION LAW IN DI RCEICUST( I, Amber L. Southard, hereby certify that II am on this day serving a copy of the Praecipe to Withdraw Defendant's Petition the person(s) and in the manner indicated be Service by First-Class Mail, Postage Prepaid, Debra R. Mehaffie, Esquire Scaringi & Scaringi, P.C. 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 Attorney of record for Plaintiff Contempt and Modification upon Addressed as Follows: Amber L. Southard, Paralegal Date: 3 © I APR 19 2010 AMY TAYLOR-AVERY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2008-5906 CIVIL ACTION bkW, o ? aae+»» -v rn-n GILBERT E. PROKOP r N F Defendant IN CUSTODY sa. CM ORDER AND NOW, this 5th day of April, 2010 , the conciliator, being advised that the Father is withdrawing his Petition for Contempt and Modification, hereby relinquishes jurisdiction. The custody conciliation conference scheduled for April 5, 2010 is cancelled. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator Ott ?_ ? , _ LAW OFFICES OF PETER J. RUSSO,13 2 9 J BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 City 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: Isaylor@pjrlaw.com Attorneys for Defendant AMY TAYLOR-AVERY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. GILBERT E. PROKOP, Defendant NO. 2008-5906 CIVIL TERM CIVIL ACTION LAW IN DIVORCE/CUSTODY DEFENDANT'S EMERGENCY PETITION FOR SPECIAL RELIEF TO PREVENT WASTE IN THE FORM OF EXCLUSIVE POSSESSION Petitioner, Gilbert E. Prokop, by and through his counsel, The Law Offices of Peter J. Russo, P.C., states the following: 1. Gilbert E. Prokop, hereinafter Husband, currently resides at 702 Quarter Circle, Apt 4, Lewisberry, York County, Pennsylvania 17339. 2. Amy Taylor-Avery, hereinafter Wife, currently resides at 3609 Wansford Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. On November 19, 2002, Husband, purchased the residence located at 3609 Wansford Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050 (hereinafter "Subject Property"). 4. Husband and Wife were married on May 19, 2003. 5. Wife is neither on the Deed, Mortgages or Notes on the Subject Property. 6. Wife was awarded exclusive possession of the Subject Property as a result of a Protection from Abuse (No. 08-5522) entered on December 1, 2008 by the Honorable Judge Guido following agreement without admission of the parties. 7. Husband and Wife entered into an Interim Support Agreement, dated December 5, 2008, in which Wife agreed to be responsible for the timely and complete payment of both mortgages, and Husband agreed to make $311.00 for mortgage contribution. See the Interim Support Agreement (Paragraphs 1 and 3) attached hereto and incorporated herein as Exhibit A. 8. The parties reconciled soon thereafter. 9. Despite said reconciliation, Husband continued to make the aforementioned mortgage contribution payments. 10. The parties again separated on November 12, 2009, at which time Wife vacated the martial residence. 11. Following a hearing on December 16, 2009, before the Honorable Judge Guido, a Protection from Abuse (No. 09-7947) was entered in favor of Husband. 12. Immediately following said hearing, as a result of Wife's expressed desire to reside at the Subject Property, Husband, in compliance with the Order dated December 1, 2008, vacated the Subject Property and Wife took possession thereof. 13. Husband immediately thereafter needed to secure appropriate housing to accommodate the parties two minor children and as a result entered into a one year lease at the rental property situate at his aforementioned current address. 14. Husband continued to make the aforementioned mortgage contribution payment to Wife until a modified domestic relations order was entered on February 12, 2010, which does not include mortgage assistance. 15. Husband has recently been informed that the first mortgage on the Subject Property is approximately $13,310.00 delinquent, as no payments have been made thereon since November 2009. 16. Husband has recently been informed that the second mortgage on the Subject Property is approximately $6,599.00 delinquent. 17. Husband has been notified that if immediate action is not taken in regards to said delinquencies, the Subject Property will be foreclosed on. 18. On April 19, 2010, Husband brought the second mortgage current by making a $6,599.00 payment thereon. 19. While Husband is attempting, he has thus far been unsuccessful in attaining loan modifications regarding either mortgage on the Subject Property. 20. Husband is unable to afford his current rent, in addition to the delinquent mortgage, ongoing mortgage payments, and the repairs needed to the Subject Property. 21. Said delinquencies have also negatively impacted Husband's credit and have further interfered with his employment as it has caused a substantial decrease in his credit lines which he relies on for business travel. 22. It is believed and therefore averred that there may be significant equity in the Subject Property that may be subject to equitable distribution. 23. It is believed and therefore averred that the equity in the Subject Property that should be subject to equitable distribution will be lost if the property is foreclosed on by either mortgage holder. 24. It is believed and thus averred that if the house is sold, it could earn a greater profit if specific repairs were made, regarding dry wall, painting, and re-carpeting. 25. It is believed and therefore averred that Wife's occupancy is resulting in further damage to the residence as it was recently indicated that the significant damage to Wife's Mother's Cadillac is a result of the vehicle colliding with the Subject Property. 26. Wife has expressed an intent to continue to reside in the Subject Property and has indicated that she is unable to contribute to the repairs needed to get the Subject Property in listing condition and is unable to afford the mortgage payments and delinquency. 27. Wife has been assigned an earning capacity of $95,000.00 per year, which is higher than Husband's income, and is believed to be currently employed as a Nurse Practitioner. 28. Wife has ample financial resources to obtain alternative living quarters. 29. The Parties, consistent with the Order dated December 29, 2009, by the Honorable Judge Guido, currently share legal and physical custody of their two minor daughters. 30. Husband is concerned given the animosity between the parties that Wife will not cooperate in quickly getting the home in listing condition and listing, showing and selling the home if she is permitted to continue to reside at the Subject Property, as she is essentially living rent free in a home, which is believed to be valued in excess of $400,000.00, without any impact on her credit. 31. Wife has repeatedly refused to discuss the Subject Property with Husband. 32. Negotiations between Wife's previous counsel and the undersigned in regards to the Subject Property ceased immediately prior to Wife's previous counsel's withdrawal as counsel. 33. Section 3323(f) of the Divorce Code provides in relevant part: "In all matrimonial causes, the court shall have full equity power and jurisdiction and may issue injunctions or other orders which are necessary to protect the interests of the parties or to effectuate the purposes of this part, and may grant such other relief or remedy as equity and justice require against either party..." 34. Pennsylvania's Divorce Code at 23 Pa. C.S. §3502 (c) specifically provides: "The Court may award, during the pendency of the action or otherwise, to one or both of the parties the right to reside in the marital residence." See also Laczkowski v. Laczkowski, 496 A.2d 56 (Pa. Super. Ct. 1985); Ottem v. Otteni, 45 Pa. D. & C.3d 40 (1987); McGinnis v. McGinnis, 7 Pa. D. & CAth 58 (1990); Merola v. Merola, 19 Pa. D. & CA 1h 538 (1993); Chappell v. Chappell, 81 pa. D. & CAth 235 (2007). 35. The undersigned did not contact Wife regarding this petition as Wife is believed to be currently in transition between counsel. 36. The Honorable Judge Guido, Judge Bayley and Judge Hess have previously entered Orders on matters related to the above captioned action. WHEREFORE, Defendant Gibert E. Prokop requests this Honorable Court to enter an Order, awarding to the Defendant Husband, exclusive possession of the marital residence in order to prevent waste, order Wife to pay the first mortgage current prior to and in order to avoid the foreclosure action, and reimburse Husband for any reasonable amount due as a result of Husband's early termination of his lease. In the alternative, Husband requests that Wife immediately brings and maintains both mortgages current. Respectfully submitted, e Law Offi f Peter J. Russo, P.C. Attorneys for Plaintiff Peter J. Russo, Esquire ID #72897 Date: ?°Z? ?v Elizabeth J. Saylor, Esquire -ON ID # 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 PH: (717) 591-1755 FX: (717) 591-1756 VERIFICATION I, Gilbert E. Prokop, verify that the statements made in the forgoing document are true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904 relating to unsworn falsification to authorities. Dated: 2er J 22bl o &; 1) 1 Gilbert E. Prokop AMY TAYLOR-AVERY, Plaintiff V. GILBERT E. PROKOP, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-5906 CIVIL TERM CIVIL ACTION LAW IN DIVORCE/CUSTODY CERTIFICATE OF SERVICE I, Amber L. Southard, hereby certify that I am on this day serving a copy of the Defendant's Emergency Petition for Special Relief to Prevent Waste in the Form of Exclusive Possession upon the person(s) and in the manner indicated below: Service by First-Class Mail, Postage Prepaid, and Addressed as Follows: Amy Taylor-Avery 3609 Wansford Road Mechanicsburg, PA 17050 Pro se Plaintiff Amber L. Southard, Paralegal Date: 11291110 APR s o 200 3 AMY TAYLOR-AVERY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-5906 CIVIL TERM GILBERT E. PROKOP, CIVIL ACTION LAW Defendant IN DIVORCE/CUSTODY ORDER AND NOW, this day of , 2010 a hearing is scheduled for M CO , 2010 at 00.M. in Courtroom Number -3 of the Cumberland County Courthouse, on Defendant's Emergency Petition for Special Relief to Prevent Waste in the Form of Exclusive Possession. Distribution List: Elizabeth J. Saylor, Esquire he Law Offices of Peter J. Russo, P.C. 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Attorney for Defendant ,/ J XMy Taylor-Avery 3609 Wansford Road Mechanicsburg, PA 17050 Pro se Plaintiff B T: (! w ry N G7 a co J. --G 0 AMY TAYLOR-AVERY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-5906 CIVIL TERM GILBERT E. PROKOP, CIVIL ACTION LAW Defendant IN DIVORCE/CUSTODY PRAECIPE TO ADD EXHIBIT r ° Kindly add Exhibit A to the Emergency Petition for Special Relief to PrevgW wastd in ?:LL the Form of Exclusive Possession filed on April 29, 2010 by Defendant. C Re pectfully submitted, J` cs, < 00-1 Date: J LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Defendant Peter J. Russo, Esquire ID # 72897 Y Elizabeth J. Saylor, Esquire ID # 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 PH: (717) 591-1755 FX: (717) 591-1756 EXHIBIT A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMY TAYLOR-AVERY, ) Plaintiff ) V. ) } GILBERT E. PROKOP, JR., ) Defendant ) DOCKET NO: 00867-5-2008 PACSES CASE NO: 961110363 INTERIM SUPPORT AGREEMENT This SUPPORT AGREEMENT is made this?J` `-day of December, 2008 by and between AMY TAYLOR AVERY of Cumberland County, Pennsylvania and GILBERT E. PROKOP, JR., of Youngstown, Ohio. WITNESSETH: M s Z WHEREAS, Amy Taylor Avery (hereinafter referred to as "Mother"), res 4g!it 360 -0 Wansford Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050 (the "Mrrftal w -a ? Residence") and her date of birth is December 13, 1969; WHEREAS, Gilbert E. Prokop, Jr. (hereinafter referred to as "Father"), resides at 833 Maple Ridge Drive, Youngstown, Ohio, 44512, and his date of birth is October 6, 1966; WHEREAS, the parties are husband and wife having been married on May 19, 2003; WHEREAS, the parties separated on September 15, 2008 and Mother has commenced actions for divorce, custody and support in the Court of Common Pleas of Cumberland County, Pennsylvania; WHEREAS, Mother and Father are the parents of two children namely, Caroline Grace Avery Prokop, born June 23, 2004, and Juliana Katherine Avery Prokop, born April 26, 2006; WHEREAS, the parties desire to enter into an agreement for support without the necessity of court intervention. NOW, THEREFORE, with the foregoing recitals being hereinafter incorporated by reference herein and deemed as an essential part hereof, and intending to be legally bound hereby, and for other good and sufficient consideration, the receipt of which is hereby acknowledged, and without prejudice to the rights or claims of either party or pending a support conference and final hearing or subsequent written agreement of the parties, interim support shall be as follows: 1. Monthly Payment. For purposes of prospective support, which shall be effective as of December 1, 2008, and without any findings as to the income of the parties (the parties incomes on the PASCES order shall be left blank), the parties agree that Father shall pay to Mother as and for interim support for the parties' two minor Children, Caroline and Juliana, the sum of Two Thousand Dollars One Hundred Eighty Dollars ($2,180.00) per month, to be paid in the weekly amount of $503.08. The monthly amount of support shall be allocated as follows: $1,869.00 for child support and $311.00 for a mortgage contribution. The parties have considered daycare costs, medical insurance coverage, preschool tuition, and ballet costs in arriving at this interim amount of support. Such support payment: shall be payable on a weekly basis through the Cumberland County Domestic Relations Office via wage attachment from Father's employer, S. S. White Burs, Inc., One Tiffany Pointe, Suite #206, Bloomingdale, Illinois 60108. Father agrees to pay Mother directly the sum of $2,180.00 simultaneously upon execution of this Agreement and Mother agrees that Father shall receive direct credit toward his support obligation for said payment. Finally, the parties reaffirm that this Interim Agreement is temporary in nature and agree to re-negotiate the terms of their support agreement in good faith no later than March 1, 2009 if there has been no intervening agreement or Order of Court. 2. Reservation of Retroactive Claims. Mother and Father acknowledge that this Support Agreement is without prejudice to Mother's claim that she is entitled to support retroactive to the September 29, 2008 date of filing her support complaint, and it is equally without prejudice to Father's right to argue that he should receive credit against such support obligation for payments which he asserts that he made in October and November of 2008 for the mortgage obligations on the Marital Residence, in the amount of approximately Six Thousand Four Hundred Dollars ($6,400.00), as well as other purported payments toward the parties' utility bills during those months. In entering into this Agreement, the parties do not intend to effectuate a waiver of either parties' claims concerning the effective date of the order and expressly reserve this issue. 3. Mortgage Payments. During the period of time that this Interim Support Agreement remains in effect, Mother shall be responsible for the timely and complete payment of both mortgages due and payable on a monthly basis on the Marital Residence inasmuch as she has exclusive possession thereof as primary physical custodian of the parties' two minor children. The parties acknowledge that both mortgages are in Father's name only. The parties therefore agree that Father shall execute any authorization or document necessary so that Mother can access information concerning the status of the mortgage accounts. Additionally, the parties have not agreed how any mortgage payment made by either parry since the parties' separation will be characterized or applied. Accordingly the issue of whether mortgage payments paid by either party will be treated as part of equitable distribution or support is expressly reserved and not waived by either party. 4. Medical Insurance Coverage. Mother shall continue to provide medical insurance, which includes medical, dental and vision, for the children available through her place of employment, so long as it is available to her at a reasonable cost. If Mother does not have medical insurance available to her through her employment, the responsibility to provide such coverage for the children will shift to Father, so long as it is available to him at a reasonable cost through his employment. In such an eventuality, the parties agree that the monthly amount of child support will need to be recalculated to reflect that change, effective as of the date that Father begins providing such coverage. 5. Unreimbursed Medical Expenses. With respect to unreimbursed medical expenses, as defined pursuant to Pennsylvania Rule of Civil Procedure 1910.16-6(4)(c), Mother shall be responsible for paying the first $250.00 per child per year. Thereafter, remaining unreimbursed medical expenses, including psychiatric, orthodontics, and other reasonable and necessary medical expenses, shall be shared by the parties' with Father paying 35% thereof, and Mother paying 65% thereof. 5. Consent to Court Order. The parties stipulate and agree that the terms and conditions of this Interim Support Agreement shall be entered as an Order of Court, without the need to appear for a support conference. IN WITNESS WHEREOF, the parties hereto have signed, sealed and acknowledged this Support Agreement. A? L R ArRY Cl' JE*RRT E. PROKOP COMMONWEALTH OF PENNSYLVANIA COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared AMY TAYLOR AVERY, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 'A?)Lu'f*W , 2008. Notai Public in d for Commonwealth of Pennsylvania Typed or printed name of Notary: MCI 5h. / re My commission expires: 101-?'3111 NOTARIAL SEAL MARY L SNYDER Notary Public SUSQUEHANNA TWR DAUPHIN COUNTY 1Mv Commission Expires Oct 23. 2011 COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN BEFORE ME, the undersigned authority, on this day personally appeared GILBERT E. PROKOP, JR., known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of DECEMBER, 2008. Commonwealth(of F Typed or printed DEBRA M. SHIMP My commission expires: August 29, 2009 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBRA M. SHIMP, NOTARY PUBLIC CITY OF HARRISBURG, DAUPHIN COUNTY MY COMMISSION EXPIRES AUG. 29 2009 AMY TAYLOR-AVERY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-5906 CIVIL TERM GILBERT E. PROKOP, CIVIL ACTION LAW Defendant. IN DIVORCE/CUSTODY CERTIFICATE OF SERVICE I, Amber L. Southard, hereby certify that I am on this day serving a copy of the Defendant's Emergency Petition for Special Relief to Prevent Waste in the Form of Exclusive Possession upon the person(s) and in the manner indicated below: Service by First-Class Mail, Postage Prepaid, and Addressed as Follows: Amy Taylor-Avery 3609 Wansford Road Mechanicsburg, PA 17050 Pro se Plaintiff ,*/J& 4?,?Oa4y Amber L. Southard, Paralegal Date: _0h ?Io AMY TAYLOR-AVERY, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent: CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-5906 CIVIL TERM' GILBERT E. PROKOP, CIVIL ACTION - LAW Defendant/Petitioner: IN DIVORCE/CUSTODY IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT _A am C7 AND NOW, this 10th day of May, 2010, by agreement of the parties, it is hereby ordered and directed as follows: 1. Plaintiff/Respondent shall write a check made payable to the Law Offices of Peter J. Russo, P.C., as escrow agent, for the March, April and May mortgage payment. Provided, however, that the Defendant/Petitioner will refund any stop-payment fees to Plaintiff/Respondent for the March payment. Said check to be paid within 48 hours. The Law Offices of Peter J. Russo, P.C., may disburse those payments to Suntrust Mortgage if and when they will accept that payment. 2. Defendant/Petitioner shall pay the Law Offices of Peter J. Russo, P.C., an amount sufficient to bring the mortgage up-to-date. Said amount shall be deposited within 10 days of today's date. 3. Upon receipt of the sums necessary to bring the mortgage up-to-date, the Law Offices of Peter J. Russo, P.C., shall disburse the escrowed funds to Suntrust Mortgage. 4. Plaintiff/Respondent shall timely pay all future mortgage payments commencing with June 2010 until further Order of Court. By th urt, Edward E. Guido, J. Elizabeth J. Saylor, Esquire Law Offices of Peter J. Russo, P.C. 5006 East Trindle Road Mechanicsburg, PA 17050 For Defendant/Petitioner /Amy Taylor-Avery 3609 Wansford Road Mechanicsburg, PA 17050 Plaintiff/Respondent, Pro se srs LAW OFFICES OF PETER J. RUSSO, P.C. T ARY BY: Elizabeth J. Saylor, Esquire 41 e , ??? 2: 3 PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 CUtr?BC ,w CO UNN Mechanicsburg, PA 17050 Pb&OYLVANfA Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: Isaylor@pjrlaw.com Attorneys for Defendant AMY TAYLOR-AVERY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-5906 CIVIL TERM GILBERT E. PROKOP, CIVIL ACTION LAW Defendant IN DIVORCE/CUSTODY DEFENDANT'S PETITION FOR CONTEMPT AND RENEWED APPLICATION FOR EMERGENCY RELIEF TO PREVENT WASTE Petitioner, Gilbert E. Prokop, by and through his counsel, The Law Offices of Peter J. Russo, P.C., states the following: 1. Gilbert E. Prokop, hereinafter Husband, currently resides at 702 Quarter Circle, Apt 4, Lewisberry, York County, Pennsylvania 17339. 2. Amy Taylor-Avery, hereinafter Wife, currently resides at 3609 Wansford Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050 (hereinafter "Subject Property"). 3. Husband purchased the Subject Property prior to the parties' marriage. 4. Wife is neither on the Deed, either of the two (2) Mortgages or Notes on the Subject Property. 5. The parties each have Protection from Abuse Orders against each other, one of which provides Wife with exclusive possession of the Subject Property. 6. Wife has been in exclusive possession of the marital residence since December 16, 2009. 7. On or about April 29, 2010, upon Wife's repeated failure to pay the mortgages connected to the Subject Property, Husband filed an Emergency Petition for Special Relief to Prevent Waste in the Form of Exclusive Possession. 8. Following a hearing on May 10, 2010 in regards to Defendant's aforementioned Emergency Petition, the Honorable Judge Guido entered an Order directing Plaintiff to timely pay all future mortgage payments commencing with June 2010 until further Order of Court. A true and correct copy of said Order is attached hereto and incorporated herein Exhibit A. 9. In regards to the first mortgage held by SunTrust Mortgage: a. On or about August 6, 2010, Husband received notice that the first mortgage was in default approximately $7,609.12. A true and correct copy of the SunTrust Mortgage Account Statement is attached hereto and incorporated herein as Exhibit B. b. Wife has only made one (1) payment on the first mortgage since the May 10, 2010 Order, in an amount of $2,357.54, which was applied August 6, 2010. A true and correct copy of the SunTrust Loan Activity Statement is attached hereto and incorporated herein as Exhibit C. c. Husband believes that Wife's payment was insufficient to bring the loan current, only a portion of said payment was applied as $363.90 was returned, and as of August 13, 2010, $5,266.58 was needed to bring the delinquent loan to a current status. See Suntrust Letter dated August 13, 2010, attached hereto and incorporated herein as Exhibit D. 10. In regards to the second mortgage held by Chase Home Finance: a. Wife has failed to make any payment since the May 10, 2010 Order. A true and correct copy of the Chase Transaction History is attached hereto and incorporated herein as Exhibit E. b. On or about August 13, 2010, Husband received notice that the second mortgage was approximately $4,710.84 delinquent. A true and correct copy of a Chase August Statement is attached hereto and incorporated herein as Exhibit F. c. Husband did make a payment on or about August 13, 2010, in the amount of $1,296.45 on the second mortgage as a foreclosure preventative measure. A true and correct copy of the Chase Payment Confirmation is attached hereto and incorporated herein as Exhibit G. d. It is believed and thus averred that as of August 15, 2010, the second mortgage held by Chase was approximately $3,414.39 delinquent ($4,710.84 - $1,296.45). 11. Wife is in contempt of the May 10, 2010 Order. 12. Husband believes and thus avers that if immediate action is not taken in regards to said delinquencies and Wife's repeated failure to timely pay the mortgages on the Subject Property in which she has exclusively resided since December 16, 2009, the marital asset will be foreclosed upon, equity will be wasted, and Husband's credit will be further damaged. 13. Husband is unable to afford his current rent, in addition to the delinquent mortgage, and ongoing mortgage payments. 14. It is believed and therefore averred that there may be significant equity in the Subject Property that may be subject to equitable distribution. 15. It is believed and therefore averred that the equity in the Subject Property that should be subject to equitable distribution will be lost if the property is foreclosed on by either mortgage holder. 16. Wife has been assigned an earning capacity of $95,000.00 per year, which is higher than Husband's income, and is believed to be currently employed as a Nurse Practitioner. 17. While the Subject Property has been listed for sale Husband has been repeatedly notified in regards to the poor condition and lack of showing availability in regards to the Subject Property. Please see the ReMax Listing Activity Report attached hereto and incorporated herein as Exhibit H. 18. It is believed and therefore averred that Wife's is wasting a marital asset in this regard as her actions are interfering with the sale of the Subject Property as well as the sales price of the Subject Property. 19. Section 3323(f) of the Divorce Code provides in relevant part: "In all matrimonial causes, the court shall have full equity power and jurisdiction and may issue injunctions or other orders which are necessary to protect the interests of the parties or to effectuate the purposes of this part, and may grant such other relief or remedy as equity and justice require against either party..." 20. The Parties, consistent with the Order dated December 29, 2009, by the Honorable Judge Guido, currently share legal and physical custody of their two minor daughters. 21. The undersigned did contact Wife regarding this petition as Wife is believed to be a pro se litigant and she does not concur with our request. 22. The Honorable Judge Guido, Judge Bayley and Judge Hess have previously entered Orders on matters related to the above captioned action. WHEREFORE, Defendant Gilbert E. Prokop requests this Honorable Court Order: a. Wife to bring and maintain both the first and second mortgages on the Subject Property current; b. Wife to make the Subject Property available for all requested showings; c. Wife to ensure that the home is in clean, and orderly fashion for each showing; d. Wife to reimburse Husband for the payment made on or about August 13, 2010, in the amount of $1,296.45 on the second mortgage; e. Wife to be held in contempt of the Court Order dated May 10, 2010; f. Wife to reimburse Husband for his reasonable attorney's fees for his enforcement of the May 10, 2010 Order; and g. Any further relief or remedy as equity and justice require. Respectf y s itted, The Law Offices of P usso, P.C. Attorneys for Plaintiff Peter J. Russo, Esquire ID # 72897 4g;;;?fizabeth J. Saylor, Esquire ID # 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 PH: (717) 591-1755 FX: (717) 591-1756 Date: VERIFICATION I, Gilbert E. Prokop, verify that the statements made in the forgoing document are true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904 relating to unsworn falsification to authorities. Dated: A)3? I c Gi bert E. Prokop EXHIBIT A AMY TAYLOR-AVERY, Plaintiff/Respondent: V. GILBERT E. PROKOP, Defendant/Petitioner: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-5906 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE/CUSTODY IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 10th day of May, 2010, by agreement of the parties, it is hereby ordered and directed as follows: 1. Plaintiff/Respondent shall write a check made payable to the Law Offices of Peter J. Russo, P.C., as escrow agent, for the March, April and May mortgage payment. Provided, however, that the Defendant/Petitioner will refund any stop-payment fees to Plaintiff/Respondent for the March payment. Said check to be paid within 48 hours. The Law Offices of Peter J. Russo, P.C., may disburse those payments to Suntrust Mortgage if and when they will accept that payment. 2. Defendant/Petitioner shall pay the Law Offices of Peter J. Russo, P.C., an amount sufficient to bring the mortgage up-to-date. Said amount shall be deposited within 10 days of today's date. 3. Upon receipt of the sums necessary to bring the mortgage up-to-date, the Law Offices of Peter J. Russo, P.C., shall disburse the escrowed funds to Suntrust Mortgage. 4. Plaintiff/Respondent shall timely pay all future mortgage payments commencing with June 2010 until further Order of Court. By the. -Court , ? Edward.r ..E. Guido, J. Eli beth J. Saylor, Esquire L Offices of Peter J. Russo, P.C. 06 East Trindle Road A Mechanicsburg, PA 17050 For Defendant/Petitioner Amy Taylor-Avery 3609 Wansford Road Mechanicsburg, PA 17050 Plaintiff/Respondent, Pro se srs EXHIBIT B ?? Your information is atways treated confidentially. MORTCAC,£ Tnl!- Free 80G.5sd.7928 IMC r>et? www.smirusncr2page. ccm 014147 9T GILBERT E PROKOP JR ANY TAYLOR AVERY 102 QUAKER C1CLE. APT:r4 LEW7SSERRY aA 17339-0239 Statement Date 08/06110 Payment Due Date 07/01/ to Loan Number Item Description Amount Balant•es _.....__........... _._ .............. -. Principal Balance ` 268, 510.40 Escrow Balance 988. 54- 1 Payment lFactor tt Interest Rate 9 , 50000% Payment Information Principal d interest 1,726,03 Escrow Payment 631.48 i i Optional Products .00 other 00 I MORTGAGE PAYMENT 2.387.54 s Payyhent Past Due 4,715.08 ' Unpaid Late Charges 431 . 50 TOTAL AMOUNT DIE 7,6 08.12 Year to bate __- Pro Addrt3S4' Interest - p" 3609 WANSFORD RD Taxas 9 , 96 s , 81 - Home Phone WECHA PA 17OSO Principal Paid . 5, 16t.23 3,846.83 Olt1.- Phone: s,y sa;n : o-q=at nrrnra. We haute teamed up with first Book to provide children in new whit bratrd new books formorc itrJormati m vi it I . t s www. l!3tb 00i?.gfy,. Im artant Messages ' 1 you are purchasing a new home at Ifimking of refinancing your uxistittp mortgaga rantact 6iil TuO at {7`7) 7 57- 0306. visit www.surttruslmorlgage com/lug or call ! 87 `1 , re at 7.6 0.8753. Ask about itw new pnvcrnme„t Irian programs wpich are helping many Ol our (:!iCrtiS 3 R you have any questions *Out your 4urretlt mortgage including payment orilinns " titan, Cli S . ,, ent ervice-,; 8? 1800.634.7928. Transaction Summary cn. a -F l+laa4et>r: ; RI:O,R bktron F,esryq rana,ulrtp 08106 38CRON AWAtK.7t .... .....-? $966-54 08/06 SCHOOL DISTRICT $A66 St $4,054.40- 08/06 PAYWW ? $2,351.5 6$1,237.50 $490.50 0631.46 Special Messages Please i iciw5e this portion with your ptymern. No partial paymems accepted. Please de not send cash. Thank you for you, bus'r.Iess. SUPIftu` n warepayir4aft,20ofv Payment Due Date 07/01/10 MORTGAGE nn 08116"10, your Mime Payrrte;swith 3W3abtedwlga Mort Sage Pix meet 2,357.54 S is.7,6&c.d7. --------......_.------ --- ._..._.,.-?-_ - Loar+ Nuaoer ; ,1LSERT F RROKOP SR SP!1,iiY i<w aiWfYiE,oi Pl ruiJilirr.,t Payment Past Due ----.-----_.--------- 4 715 08 ----R--_ 5 .. E""" " ?" °k tl +I doapPLAUr=.ramamzaixfin8 tansrd„yv,tanl?jiral UnPaid Late Charges ._ .........-- Fees 431.50 ----'^------ 105.00 - - ----------------- Tntai lrwn,mr n,,. 7 - 604 _ 12 :uN`:RUST NORT6Ar;E lute ?A PO cr.% T93a: :r GAi.TIVORF Rn )s2]a C`J4' ll illlll tll?l it li'iil,?l??lill,iiili tl lli1?111111I ill if il7?l?ill Additional Principat - S ------` ---------- ------ Additional Esrow; , ,,,n,r..; Total Amount Enclosed s EXHIBIT C `.oan Activity Loan !Number: Property Address: 3609 WANSFORD RD MECHANICSBURG. PA 17050.0000 Borrower Name: GILBERT E PROKOP JR Balances: Principal balance $269,510.40 Escrow balance. -5966.54 Unpaid late charges: $517.80 t .< Date Description Principal Interest Escrow Amount Escrow Principal Paid Balance Balance 08106%2010 PtrymentApplied $486.58 $1.237.50 563146 52.35754 $3,08786 5269310.40 05128/2010 Payment Applied $48636 $1,239.72 5831.46 $0.00 $2.45640 $269.99898 05!28£2070 payment Applied $464.14 $1.241.94 $53146 50 00 $1.824.84 $270.485 34 0512812010 PaymentAppiied 5481.93 $1,244.15 $63146 $0.00 $1,19346 $270.969.48 05!2812010 Payment Applied 5479.73 51246,35 $631 46 $0.00 $631 46 5271 451 41 0512812010 Payment Applied $477.54 51.248.54 $631.46 $0.00 $631 46 $271.931 14 05:'28i2010 Payment Applied $475.36 51,250.72 5631.46 $12.394.00 5631 46 $27,240868 02?22,12010 Paymen>Appiietl $473,19 $1.252.89 $63146 $2,23614 $631 46 $272.884 04 0 1 12012 0 1 0 PaymentAppiied 50.00 $0.00 $0,00 $2;236.34 $0.00 52''3 357 23 1210712009 Payment Applim $0.00 $000 $14.38 SOOO $14M $273,35723 12}01,2009 Payment Appiied S471.03 $1255 05 S$10.26 $2.250-72 $510 lei $273.2571, 23 05175.12009 Payment Applieu $468.38 51,257.2C 551026 52,32264 $913337 $273828,2,,"; 08:2412009 Pay,7lemApplied 5486.75 51,25933 $510.26 52.32264 55102:7 5274.2!;714 0 7 7 2012 009 Payr•.eant Applied $464,62 $1.26146 $510.26 $2,32268 $3,827 43 5274 763 69 0672912009 Payrnent Applied 5462.50 $1.26358 $510.26 $2,408.90 $3,317 17 $275.228.51 06110.2009 Payment Applied $460,39 $1,265 69 $510,26 $2,236.34 $2.806.91 $275.691.01 04;2712009 Payment Applied $458.29 $1,26779 5510.26 $2,236.34 $2,296.65 $2746,157 40 0313012009 principal Reduction $3.06 $0.00 $0.00 53.06 52,89312 $275,609.69 0313012009 Payment Applied $456,18 31,269.90 $510.26 $2;408.94 $2.89322 S275,612.76 0310212009 Payinerr, App lmd S45410 51,271.98 $610.26 $2,322.64 $2,382.96 5277.068 93 For further information please contact our Client Service Department at 1-800- 634-7928 or . ° . .. C 20'0 SunTrust Banks, Inc. All lights reserved Equal Ho using Lender I !kr? xan = I I M1w!2 - Gopyrigtd v; Z" - 2010. Lender PFOCAISIM Services, Inc All Rights Reserved Rage I of I https:!lcarenet.f'ntismd.com/SunTrust/LoamActivitp?Servlet 8l1 8"_010 EXHIBIT D SUNTRUST MORTGAGE August 13, 2010 Gilbert E Prokop Jr Amy Taylor Avery 702 Quaker Cicle, Apt#4 Lewisberry, PA 17339 9239 RE: Mortgage Loan Number. Property Address: 3609 ans r Mechanicsburg PA 17050 Dear Gilbert E Prokop Jr: SunTrust MCI-tpaga. Inc. Pc;; L?'iit Sox 49 .. ,oil>.._":.£50'06, '..r'3C. The funds that we recently received from you were insufficient to bring your loan current. A portion of the funds were applied to outstanding fees, if applicable. The enclosed check in the amount of $363.90 is being returned to you as we cannot apply these funds to your loan. To bring your delinquent loan to a current status, remit $ 5,266.58 to: SunTrust Mortgage, Inc. P.O. Box 79041 Baltimore, MD 21279-0041 If you have a',ly questions regarding this matter, please use the toll free number of 800.443.1032 to speak to our Collections Department. Business hours are 8 a.m. to 10 p.m., ET, Monday through Thursday, 8 a.m. to 8 p.m., ET, on Friday, and 8 a.m. to 2 p.m., ET, on Saturday. SUNTRUST MORTGAGE INC 68-0002 SUNTRUST BANKS, INC. REMITTANCE CLEARING CHECK NO, 0510 MO/DAY/YR *,N? SU RUST 019 0133012625 698933 08/1012010 MORTGA E 0133012625 P.O. Box 26149 Richmond, VA 23260-6149 FOR MISAPPLIC ION REVERSAL AMOUNT Three Hundred Sixty Three and 90/100 Dollars - VOID IF NOT CASHED WITHIN 180 DAYS PAY TO GILBERT E PROKOP JR THE ORDER AMY TAYLOR AVERY 702 QUAKER CICLE, APT#4 WAto OF LEWISBERRY PA 17339-9239 AUTHORIZED SIGNATURE EXHIBIT E ,'iase '-'acne Tmance Page I of* I 0 P;>.rte () Help with this gage Home Equity Li ne Account Activity 1 - 10 of 104 Effective Data i Description Amount Principal Interest Pees Pri ncipal Balance 0811312010 REGULAR PAYMENT $1,296.45 $696.89 $599.56 50.00 $81.534 16 0713012010 FEE ASSESSMENT $25.00 $0.00 $0.00 $25,00 $82.231.05 0613012010 FEE ASSESSMENT $25.00 $0.00 50.00 S2500 $82.231.05 06101;20 i 0 FEE ASSESSMENT $25.00 S0.00 $0,00 $25.00 382.231.05 041191'1010 REGULAR PAYMENT 56,599.30 $4,136.48 $2.462.82 S0.00 $82,231 05 03!30/2010 FEE. ASSESSMENT 525.00 $0.00 50.00 $25.00 $86.367.53 03/0212010 FEE ASSESSMENT 525.00 $0.00 S0.00 $2500 $86.367.53 0 210 1 i201 0 FEE ASSESSMENT $25.00 $0.00 $0.00 $2500 $86.367.53 (2/3 012 00 9 FEE ASSESSMENT S25.00 50.00 $0.00 $25 00 S86.367.53 1210412009 REGULAR PAYMENT $1,250.92 $686.92 $564.00 $0,00 $86,36753 01 - 02 - 03 - 04 - 05 - 06 - 07 - 08 - 09 - 10 - 11 J Next ITttps:/!mortgage;0i.chase.camlclpappmgriclppoiial!liome?_nfpb=trued pageL:abcl=pavre ... S/181 7 2010 EXHIBIT F I 7{ w0 1 VW VQ11 woo `'O'-"z ACCO IINIIT !5 PAST DUE. The payment amount due on your line includes a past due amount of u3, any wevlnus unpaid fees. If you have not already done so, please pay the past due amount nlo?ediate y YOUR ACCOUNT IS PAST DUE. PLEASE MAKE A PAYMENT TODAY. _ ... Previous Statement Balance i $63.680,18 } PayrllentslCredils $0001 (+) DebilwAdvances $0,001 (+! Debits'FeeslFinance Charges $444.044 (=) Current Statement Balance- $84,124.22 '• Ins is not a p.yvtt amount. Please ccntaCj us to tegaest a payQ" qupte. Activity Since Your Last State" mert Pest Date Description To Contact Us: By Phone (800) $36-5656 Para Espanol: (800) 800-5626 Hearing Impaired (8W) 582-0542 Internet: ewvw.chase com'. Payments/ Debits/ Principal Balance Credits AdvanceslFees After Transaction 06-21-10 Balance Forward $82,231.05 06-21-10 Beginning ANNUAL PERCENTAGE RATE 6.00% Daily Periodic Rate .00016438 06-30-10 late Charge Fee $2500 07-21-10 FINANCE CHARGE (Interest) Accrued 06-21-10 Thru 07-21-10 $415.04 Total $0.00 $444.04 182 231.05 Current Statement = Current Fees and Finance + Previous Unpaid Fees and + Principal Balance Balance Charges Finance Charges $84,124 22 $444-04 $1,449.13 $82,231.05 More News You Can Use MANAGE YOUR ACCOUNT ONLINE. Visit our website at chase.com for updated account information and special offers exclusively for Chase customers. Change of Address Information. Please use the change of address form in your statement or please contact us at 1-800-838-5656. riease a@tacn +n4 Fet'- O;e oottom pGngn of this statement :rf1; you; patm;er:t uiu q the enc"ed milwviea erveiup> Payment Coupon Home Equity Line Of Credit GILBERT E PROKOP A At counl hlun,tmi - Due, Date 08-15-10 Check Wx it address has charlyed: M" W t.tt: rig s on taversu W.t Payment Due 51,121 A6 Please make check payable to Chase Ammutt Past Due as or 07-21-10 y3 q 38 Write your account number on your chock, include coupon voth payment. Fees _ $225.00 Minimum Payment Due $4,710,84 Anrount Envtvsctt# $ 1'111111111'IIi11F?1111r'IrI!'?r 111 II'i 1?1'1t1?11I?i?€r?1'it CHASE P.O. BOX 78035 PHOENIX. AZ 85062-8095 €€€€€€€€€e€1€1€i€1#t#1111I1t111tlifllt 111111(11 t111Nt1111111 dlitll EXHIBIT G Online Bill Pa Continn Payinents 11m Bills payment Confirmation Page 1 of I Print you've paid the following bills. if you want to keep any additional information on file with the hill, click the tiote link. Biller ?name account mount Pay Date Confirmation Chase Horne Mortgage Free Checking- $1296.45 0811312010 BGM7V-KNFQI I ;lute Total: $1.296.45 Finished https:l/Const.rmerbillpay.ottlinebanl:itte.pnc.comlew4Il/wDs i{ I2i20]Q EXHIBIT H Liz Savior From: Liz Saylor [Isaylor@pjrlaw.com] Sent: Friday, August 27, 2010 12:28 PM To: 'Liz Saylor' Subject: FW: Listing Activity Report: 3609 Wansford Rd., Mechanicsburg From: WENDY LEATHERY <callcenter(ashowin ime.com> Date: Mon, Aug 16, 2010 at 1:02 PM Subject: Listing Activity Report: 3609 Wansford Rd., Mechanicsburg To: "ata.edm@Rmail.com" <ata.edrn ,gmail.com> Cc: burmanohioggmail.com Please see the attached report created for your review. (For best results, the attachment should be saved to your computer before viewing) Do to the recent trouble with showing requests I have change the showing instructions for our agents to say "Call Wendy and she will confirm with the seller." The agent that was not able to view the home on Friday or Sunday would like to know when is a good time to reschedule. Also have a request for a showing on 8/17 (tomorrow) from 5:45 to 6:15 arrival that has not been confirmed. WENDY LEATHERY Powered by ShowingTime (c) Copyright 2010 ShowingTime, Inc. All Rights Reserved No virus found in this incoming message. Checked by AVG - www.avq.com Version: 8.5.441 / Virus Database: 271.1.1/3079 - Release Date: 08/18/10 06:35:00 WAft-lim Agents. Outstanding Re-wIt";. Listing Activity Report 3609 Wansford Rd., Mechanicsburg Aug 16, 2010,11:02 PM Homeowner: Amy Taylor Avery (Home Phone) (Cell Phone) mail.com Hl3rrleowner: Gilbert Prokop ?:m il.com Directions: Camp Hill - West on Market - Right on Orrsbridge - Right on Golfview - Left on Triverton - Right on Wansford to Home on Right. Activity Dataii Showhm Total: 19 Last ThkW Days: 8 Last Seven Days: 1 Presented By: WENDY LEATHERY Tel: (717) 968-0499 Email: wleathery@remax.net Show Feedback Detail: With Showing F. Agerk InquMNs: 0 Datarthris Future Showing 0&1-, 11 5 45 PM - 5:15 PM Showing Cancelled Showing 0311512010 2:05 P M - 3:30 PM Showing Cancelled Showing 0811312010 5:00 PM - 5:15 PM Showing Cancelled Showing 0511IN2010 2.'OOPM - 3:00 PM Showing Past Shawing 08/0412010 3:30 PM - 4:30 PM Showing Past Showing 0729/2010 3:15 PM - 4:45 PM Showing Feedback: COMMENTSIRECOMMENDATIONS: Buyers are not interested. Thought there was too much work to be done to home. Past Showing 0729/201010:30 AM -11:30 AM Showing Feedback: COMMENTSMECOMMENDATIONS: loo much drivel Past Showing 07/24/2010 10:00 AM - 11:00 AM Showing Feedback: Thank you letting us show your property on Sat. My clients are very interested in the home. They are running the numbers, checking to see if their furniture fits in the COMMENTSInECOMMENDATIONS: moms, there are some concerns on a few cosmetic items that will need. to be addressed if we oosad with an offer. Please advise me if there is other interest in the property with another offer. Thank you, Past Showing 07230010 5:30 PM - 6:30 PM Shaving Feedback: COMMENTS/RECOMMENDATIONS: Large home. Didn't like the backyard. Needs a lot of paint and carpet replaced. Cancelled Showing 0712212010 5.30 PM - 6:30 PM Showing Price Change 0722/2010 9:35 AM Past Showing 07/10/2010 4:00 PM - 5:00 PM Showing Past Showing 07117/2010 2:00 PM - 3:00 PM Showing Past Showing 07/162010 10:00 AM - 11:00 AM Showing Past Shaving 07/152010 11:30 AM - 11:45 AM Showing Feedback: COMMENTS/RECOMMENDATIONS: This one did not make the short list. Very cute cat, but I had to run down the street twice to catch him and bring back. He didn't want us to leave. Called office for advice on how to handle. Maybe he just liked me. Past Showing 071152010 10:00 AM - 10:30 AM Showing Feedback: Page 1 / 2 MLS Number: 10196552 Address: 3609 Wansford Rd., Mechanicsburg Price: $419,900.00 Status: ACTIVE i COMMENTSM ECOMMENDATIONS: Home did not show great. I would recommend fixing door going into garage. Overpriced based on other homes shown. Thank you! Michelle Past Showing 07/052010 5:00 PM - 6.00 PM Showing Feedback: COMMENTSIRECOMMENDATIONS: Customer did not care for floor plan. Was looking for a much more open floor plan w/ not so much additional work needed. Home appears to be priced somewhat competetively wl respect to repairs needed. Past Showing 07/01/2010 6:30 PM Showing Past Showing 06`30/2010 5:30 PM - 6:30 PM Showing Past Shaving 06/29/2010 7:00 PM - 8:00 PM Showing Past Shaving 0629/2010 4:00 PM - 5:00 PM Showing Feedback: COMMENTStRECOMMENDATIONS: I gave the feedback directly to Wendy. Thank you. Comments to Wendy - House in need of cleaning and cat has used downstairs tub as litter box. Lower level smells due to it. Would be easier to show if central air were on for showings. Past Showing 06/2812010 1:00 PM - 1:30 PM Showing Feedback: COMMENTSIRECOMMENDATIONS: Sony to be so brunt but the house was disgusting. Carpels had cat and dog stains in almost every room and need replaced throughout. Walls were beat up and paint job was very sloppy. Holes in the walls in lots of room and doors. Kitchen cabinets had hole in them and most were extreme dirty and greasy to the touch. Bathrooms were extremely dirty as well. Home looks like it hasn't had a cleaning in months. Door coming in from garage needs replaced. Looks like someone kicked it in. I was embarresed to take my customers through. I think you will need to do a heck of a lot to get this home sold or drop the price significantly. Thanks for the opportunity. Past Showing 06272010 4:45 PM - 5:45 PM Showing Feedback: COMMENTSIRECOM MENDATIONS: Could not get into the home. Past Showing 06123/2010 8:00 AM - 10:00 AM Showing Feedback: COMMENTS/RECOMMENDATIONS: Great curb appeall The home. was large and had many rooms which was great. My buyers didn't like the size of the kitchen, the countertops in the kitchen, and the size of the backyard. Thanks for allowing us to view this home. New Listing 0fY21/2010 4:00 PM Q Copyright 2010 Showing-rime, Inc. All Rights Reserved Page 2 / 2 AMY TAYLOR-AVERY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-5906 CIVIL TERM GILBERT E. PROKOP, CIVIL ACTION LAW Defendant. IN DIVORCE/CUSTODY CERTIFICATE OF SERVICE I, Amber L. Southard, hereby certify that I am on this day serving a copy of the Defendant's Petition for Contempt and Renewed for Emergency Relief to Prevent Waste upon the person(s) and in the manner indicated below: Service by First-Class Mail, Postage Prepaid, and Addressed as Follows: Amy Taylor-Avery 3609 Wansford Road Mechanicsburg, PA 17050 Pro se Plaintiff Date: 91-0110 afv,?o JL rj?p, Cl lc, Amber L. Southard, Paralegal Y • AUG 312010 AMY TAYLOR-AVERY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-5906 CIVIL TERM GILBERT E. PROKOP, CIVIL ACTION LAW Defendant IN DIVORCE/CUSTODY ORDER AND NOW, this day of , 2010 a hearing is scheduled for J ' 2010 at •\3.M. in courtroom Number of the Cumberland County Courthouse, on Defendant's Petition for Contempt and Renewed Application for Emergency Relief to Prevent Waste. T T: J. Distribution List: ? Elizabeth J. Saylor, Esquire The Law Offices of Peter J. Russo, P.C. 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Attorney for Defendant y Taylor-Avery 3609 Wansford Road Mechanicsburg, PA 17050 Pro se Plaintiff -n ca t F S /Y. l c 0 AMY TAYLOR-AVERY, Plaintiff V. GILBERT E. PROKOP, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-5906 CIVIL TERM CIVIL ACTION LAW IN DIVORCE/CUSTODY PRAECIPE TO WITHDRAW TO THE PROTHONOTARY: Please withdraw Defendant's, Gilbert E. Prokop, Petition for Contempt and Renewed Application for Emergency Relief to Prevent Marital Waste in regards to the above mentioned caption which was filed on August 27, 2010. Respectfully submitted, LAW OFFICES OF PETER J. RUSSO, P.C. Peter J. Russo, Esquire Attorney I.D. No. 72897 Elizabeth J. Saylor, Esquire Attorney I.D. No. 200139 Attorneys for Plaintiff 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Date: C -y 3rn ?} C r AMY TAYLOR-AVERY, Plaintiff V. GILBERT E. PROKOP, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-5906 CIVIL TERM CIVIL ACTION LAW IN DIVORCE/CUSTODY CERTIFICATE OF SERVICE I, Amber L. Southard, hereby certify that I am on this day serving a copy of the foregoing document upon the person (s) and in the manner indicated below, service by US Mail addressed as follows: Margaret M. Simok, Esquire Maria P. Cognetti & Associates 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 Amber L. Southard, Paralegal Date: v 0" F rdCE ?' i k t r 0 TA N' Y t" COUNTY AMY TAYLOR-AVERY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 2008-5906 CIVIL TERM GILBERT E. PROKOP, CIVIL ACTION -LAW Defendant IN DIVORCE/CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Margaret M. Simok, Esquire, on behalf of Amy Taylor- Avery, Plaintiff in the above-captioned action. Respectfully Submitted, Margar . Simok, Esquire Attorney ID No. MARIA P. COGNETTI & ASSOCIATES 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone: (717) 909-4060 DATE: d .fig. MARIA P. COGNETTI & ASSOCIATES MARGARET M. SIMOK, ESQUIRE Attorney I.D. No. 89633 210 Grandview Avenue, Suite '.102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Email: msimok(a))cognettilaw.com Attorneys for Plaintiff AMY TAYLOR-AVERY, Plaintiff/Petitioner v. ,GILBERT E. PROKOP, Defendant/Respondent A 1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 2008-5906 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE/CUSTODY PETITION FOR SPECIAL RELIEF AND NOW, comes Amy Taylor-Avery, by and through her attorney, Margaret M. Simok, Esquire, of Maria P. Cognetti and Associates, and petitions this Court to cease to require her to pay future mortgage payments on the marital home, and in support thereof avers as follows: 1. Plaintiff/Petitioner, Amy Taylor-Avery, (here and after referred to as "Wife"), is an adult individual currently residing at 3609 Wansford Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant/Respondent, Gilbert E. Prokop, (here and after referred to as "Husband"), is an adult individual currently residing at 702 Quarter Circle, Apartment 4, Lewisberry, York County, Pennsylvania. 3. The home at 3609 Wansford Road, Mechanicsburg, Pennsylvania, is the marital residence. 4. Wife filed a Complaint in Divorce on or about October 3, 2008. 5. On December 20; 2009, Husband left the marital home. 6. Wife resided in the marital home from November 2002 until present. 7. Husband resided in the marital home from November 2002 until December 20, 2009. 8. Wife returned to the marital home on December 20, 2009, when a Protection from Abuse Order granted her exclusive possession of the marital home. 9. On or about April 29, 2010, Husband filed an Emergency Petition for Special Relief to Prevent Waste in the Form of Exclusive Possession. 10. A hearing was held before the Honorable Edward E. Guido, and an Order was granted requiring Wife to pay all future mortgage payments until further Order of Court (Order attached hereto and made a part of hereof as Exhibit "A".) 11. The marital home has been for sale for five (5) months and the asking price has been lowered on two (2) occasions. 12. The current asking; price is $390,000 and the parties owe $267,534 on the mortgage, in addition to $82,567 on the home equity line of credit. 13. The marital home is a 3,600 square foot home with a quarter acre of property. 14, The monthly mortgage payment which Wife is required to pay is $2,546.83. 15. The monthly payment on the home equity line of credit is $1,121.45. 2 16. As a single parent with shared custody of two (2) minor children, Wife cannot afford either the time or money needed to maintain the marital home. 17. Wife has located a less expensive, smaller home, in the children's school district, which is available to her in the month of November. 18. Wife would like to move into the new home over the school holiday to allow the children to adjust to the new home before returning to school in January. WHEREFORE, Wife prays this Court will amend its May 10, 2010 Order and no longer require her to make the monthly mortgage payments on the home once she moves to the smaller, more affordable home. Respectfully Submitted, MARIA P. COGNETTI & ASSOCIATES :Date: November 5, 2010 By: MARG RET M. SIMOK, ESQUIRE Attorney ID No. 89633 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No.: (717) 909-4060 Attorneys for Plaintiff 3 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein made subject to the penalties of 18 Pa. C.S.:§4904 relating to unsworn falsification to authorities. Date:-I! 14 -O 10 "/-Ox"!? a Amy Taylor-Ave ?111( AMY TAYLOR-AVERY, Plaintiff/Respondent:: V. GILBERT E. PROKOP, Defendant/Petitioner: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-5906 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE/CUSTODY IN REi PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 10th day of May, 2010, by agreement of the parties, it is hereby ordered and directed as follows: 1. Plaintiff/Respondent shall write a check made Payable t:o the Law Offices of Peter J. Russo, P.C., as escrow agent, for the March, April and May mortgage payment. Provided, however, that the Defendant/Petitioner will refund any stop-payment fees to Plaintiff /Respondent for the March payment. Said check to be paid within 48 hours. The Law Offices of Peter J. Russo, P.C., may disburse those payments to Suntrust Mortgage if and when they will accept that payment. 2. Defendant/Petitioner shall pay the Law Offices of Peter J. Russo, P.C., an amount sufficient to bring the mortgage up-to-date. Said amount shall be deposited within 10 days of today°s date. 3. Upon receipt of the sums necessary to bring the mortgage up-to-date, the Law Offices of Peter J. Russo, P.C., shall disburse the escrowed funds to Suntrust Mortgage. 4. Plaintiff/Respondent shall timely pay all future mortgage payments commencing with June 2010 until further Order of Court. By the. •Oourt , / r J• Edward E. Guido, J. Eli both J. Saylor, Esquire Offices of Peter J. Russo, p. C. 06 East Trindle Road Mechanicsburg, PA 17050 For .Defendant/Petitioner Amy Taylor-Avery, 3609 Wansford Road Mechanicsburg, Ph 17050 Plaintiff/Respondent, Pro se srs CERTIFICATE OF SERVICE I, Margaret M. Simok, Esquire, hereby certify that on November 5, 2010, I served a true and correct copy of the foregoing Plaintiffs Answers to Defendant's Preliminary Objections to Complaint for Custody at the address indicated below: Elizabeth J. Saylor, Esquire Law Offices of Peter J. Russo, P.C. 5006 East Trindle Road Suite 100 Mechanicsburg, PA 17050 Service by: Personal service via hand delivery X Service by First Class, United States Mail, postage pre-paid, mailed at Camp Hill, Pennsylvania, addressed as indicated above Overnight delivery Service by placing a copy of the above document in counsel's box In the Office of the Prothonotary of County Facsimile service Certified/Registered Mail MARIA P. COGNETTI & ASSOCIATES Date: November 5, 2010 By: AftQ/ MARG T M. SIMOE, ESQUIRE Attorney ID No. 89633 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No.: (717) 909-4060 Attorneys for Plaintiff f MARIA P. COGNETTI & ASSOCIATES MARGARET M. SIMOK, ESQUIRE Attorney I.D. No. 89633 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No.: (717) 909-4060 Email: msimok(a,cognettilaw.com ILEB-OFFICE BF TAE. E PROTHONOTARY 2010 NOY 17 AM 11: 22 CUMBERLAND COUNTY PENNSYLVANIA NOY 15 2010 Attorneys for Plaintiff AMY TAYLOR-AVERY, IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. GILBERT E, PROKOP, Defendant NO. 2008-5906 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE/CUSTODY ORDER AND NOW, this day of , 2010, a hearing on Plaintiff's Petition for Special Relief is scheduled for the/, day of p? (?i1/ e ? to, ?, M., in Court Room No. ?of the Cumberl CouintyCourt Carlisle, Pennsylvania. B e Court: J. D' 'but'on: lizabeth T Saylor, Esquire, Law Office of Peter J. Russo, P.C., 5006 East Trindle Road, Suite 100, M hanicsburg, PA 17050 ./Margaret M. Simok, Esquire, Maria P. Cognetti & Associations, 210 Grandview Avenue, Suite 102, Camp Hill.. PA 17011 0-0 t ES eK& t LQCL /1/17!16 L=^y 3 ILED-OFFICE `x THE PP€ g'HON0 r:',,? , 291 O DEC -8 AM I I: h C CUMBERLAND COUNTY PENNSYLVANIA MARIA P. COGNETTI & ASSOCIATES MARGARET M. SIMOK, ESQUIRE Attorney I.D. No. 89633 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No.: (717) 909-4060 Email: msimok0kognettilaw.com Attorneys for Plaintiff AMY TAYLOR-AVERY, IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. GILBERT E. PROKOP, Defendant/Respondent : DOCKET NO. 2008-5906 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE/CUSTODY PRAECIPE TO WITHDRAW PETITION FOR SPECIAL RELIEF TO THE PROTHONOTARY: Kindly withdraw the Plaintiff's Petition for Special Relief filed with the Court in the above-captioned matter. Respectfully Submitted, MARIA P. COGNETTI & ASSOCIATES Date: December 7, 2010 By: I??'?. \ CY7 MARG T M. SIMOK, ESQUIRE Attorney ID No. 89633 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No.: (717) 909-4060 Attorneys for Plaintiff AMY TAYLOR-AVERY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVAIA nco rri :Z_11 VS. 2008-5906 CIVIL ACTION LAW GILBERT E. PROKOP a ._ , Defendant IN CUSTODY < CD ORDER OF COURT AND NOW, this day of )gAu?./ 2011, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: Order. 1. The prior Order of this Court dated December 29, 2009 is vacated and replaced with this 2. The Mother, Amy Taylor-Avery, and the Father, Gilbert E. Prokop, shall have shared legal custody of Caroline Avery Prokop, born June 23, 2004, and Juliana Avery Prokop, born April 26, 2006. Major decisions concerning the Children including, but not necessarily limited to, their health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in each Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Children. Neither party shall attempt to alienate the affections of the Children from the other party. Each party shall notify the other of any activity or circumstance concerning the Children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 3. The parties shall continue to share having physical custody of the Children on an alternating weekly basis with the exchange to take place every Friday. During the school year, both parties shall pick up Caroline after school at Good Shepherd School and Juliana at either Good Shepherd or at the after school care provider at the end of the school day on their respective Fridays. During the summer school break, the Father shall pick up the Children on alternating Fridays at 5:30 p.m. at the Dairy Queen across from Good Shepherd School and the Mother shall pick up the Children during the interim Fridays between 5:00 p.m. and 5:30 p.m. at the daycare location specified by the Father. 4. The parties shall share having custody of the Children on Christmas as follows: In odd numbered years, the Mother shall have custody of the Children from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon and the Father shall have custody from Christmas Day at 12:00 noon through December 26 at 12:00 noon. In even numbered years, the Father shall have custody of the Children from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon and the Mother shall have custody from Christmas Day at 12:00 noon through December 26 at 12:00 noon. 5. The parties shall engage in therapeutic family counseling with Deborah Salem, LPC CAC or Dr. Jose DeLarme as selected with the assistance of the parties' counsel. 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 Children. The parties shall follow the recommendations of the counselor with regard to the frequency and duration of the counseling. Any costs of the counseling which are not covered by insurance shall be shared equally between the parties. The parties shall schedule their initial appointments under this provision at the earliest available date for the professional or at least by March 1, 2011. 6. Maryann Murphy, Esquire is hereby appointed as Parent Coordinator for the parties for a term of 12 months from the date of this Order, or until the resignation of the Parent Coordinator or termination of the appointment by the Court whichever first occurs. Both parties shall cooperate with scheduling and shall not cancel appointments absent a true emergency. Any costs of parent coordination shall be equally divided between the parties, subject to reallocation by the Court in the event the Court determines such a reallocation is appropriate under the circumstances. The parties shall promptly sign Ms. Murphy's standard Parent Coordination Contract. References to the "Child" in the provisions herein regarding the terms of appointment shall be deemed to include either or both Children. 7. The Parent Coordinator shall attempt to resolve issues arising out of the existing Custody Order through facilitation, mediation, consultation, coaching and education. If it is apparent to the Parent Coordinator that continued similar efforts are unlikely to resolve the parenting conflict, the Parent Coordinator shall have the authority to resolve the dispute by providing a decision for the parties on the following issues: A. Dates, times, places and conditions for custody exchanges; B. Temporary variation from the schedule for a special event or particular circumstance; C. Minor adjustments to the physical custody schedule necessitated by the needs of the Child; D. School issues, apart from school selection; E. Child's participation in recreation, enrichment and extracurricular activities, programs and travel; F. Child care arrangements; G. Personal possessions of the Child; H. Behavioral management of the Child; 1. Information exchange and communication with or about the Child; J. Coordination of services for the Child including counseling, health or medication issues; K. Other related custody issues that the parties mutually agree, in writing, to submit to the Parent Coordinator. 8. The Parent Coordinator's role and authority shall not include the following: A. A change in legal custody decision making authority; B. A change in primary physical custody; C. A change in the partial custody schedule that substantially reduces or expands the Child's time one or both parties; D. Relocation of the Child's residence which would render implementation of the current Custody Order impossible or impracticable; E. Determination of financial issues. 9. Prior to the Parent Coordinator making a decision or recommendation, the Parent Coordinator shall provide a notice and opportunity for each of the parties to be heard either in person or by other means as determined by the Parent Coordinator, unless exigent circumstances render contact with both parties impracticable or potentially dangerous to a party and or the Child. In the event a parent is given advance written notice of a session with the Parent Coordinator but does not attend or otherwise make arrangements to participate, the Parent Coordinator may make a decision despite that parent's absence. 10. The Parent Coordinator's decisions may be communicated to the parties orally, but shall be confirmed in writing as soon as practicable and filed in the Prothonotary's Office at the parties' above- captioned Custody Docket. Any communication from the Parent Coordinator to the Court shall be copied to the parties, or if represented, counsel. 11. The Parent Coordinator's decisions shall be binding upon the parties unless and until revised by Court Order. 12. Each party retains the right to petition the Court with regard to the conduct of the other party and any recommendations/decisions made by the Parent Coordinator. The parties shall have the right to rely upon recommendations/decisions made by the Parent Coordinator until such time as the Court enters any subsequent Order, with or without a hearing, regarding any issue raised by the parties. 13. Prior to filing any new motion, petition or complaint with the Court involving non- emergency custody or parenting of the Child within the scope of the Parent Coordinator's authority, the parties shall participate in at least two sessions with the Parent Coordinator to attempt resolution of the specified disputed issues. 14. Each party shall provide the Parent Coordinator with all information that the Parent Coordinator requests, including signed HIPAA releases and other forms requested. The Parent Coordinator is authorized to contact any professional or other individual (e.g. the Child, therapists, physicians, child care providers, teachers, family members, etc.) as the Parent Coordinator deems necessary. 15. The Parent Coordinator shall determine the protocol of all communications, interviews, and sessions, including who shall or may attend the sessions (including the Child), and whether the sessions will be conducted in person or by other means. 16. The Parent Coordinator may communicate with any party or their attorney in writing or verbally, if necessary, and shall advise all parties/attorneys of any such communications. Any party or attorney may communicate in writing with the Parent Coordinator for the Child, provided that copies are provided to the other party or counsel simultaneously. Any communications between the parents, the parents' attorneys, and the Parent Coordinator shall not be deemed confidential, but shall be admissible in evidence at any proceeding held before the Court, subject to the Pennsylvania Rules of Evidence. 17. In accordance with Pa. R.Civ.P. §1915.17, the Court appointed Parent Coordinator is an officer of the Court, and has quasi-judicial immunity. 18. The Parent Coordinator cannot be compelled to testify in any proceeding absent a Court Order. 19. The parties shall contact the Parent Coordinator appointed herein on the earliest date that the Parent Coordinator is available or at the latest, by March 1, 2011 to initiate the process. 20. The Mother shall obtain a determination by a psychiatrist, who is not associated with the Mother's recent employers, as to whether mental health treatment is necessary. Thereafter, the Mother shall provide to the Parent Coordinator written documentation from the psychiatrist that treatment is not necessary or written documentation from the appropriate mental health professional providing treatment that the Mother is in general compliance with any treatment plan on a quarterly basis. 21. The requirement that the parties participate in therapeutic family counseling and the parent coordination process set forth in this Order shall supersede the prior Court Ordered conditions prohibiting contact between the parties. 22. The parties shall make arrangements for the Children to continue in counseling with Georgie Anderson and shall follow the recommendations of the Children's counselor. 23. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision.. 24. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of the custody schedule set forth in this Order by agreement. In the absence of mutual consent, the terms of the custody schedule set forth in this Order shall control. T, Edward E. Guido J. cc: '/Elizabeth J. Saylor, Esquire - Counsel for Father 'Margaret M. Simok, Esquire - Counsel for Mother Co?ies balled a?i?{?pr8 AMY TAYLOR-AVERY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2008-5906 CIVIL ACTION LAW GILBERT E. PROKOP Defendant IN CUSTODY Prior Judge: Edward E. Guido CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Caroline Avery Prokop June 23, 2004 Mother/Father Juliana Avery Prokop April 26, 2006 Father/Mother 2. A custody conciliation conference was held on Februar y 8, 2011, with the following individuals in attendance: the Mother, Amy Taylor-Avery, with her counsel, Margaret M. Simok, Esquire, and the Father, Gilbert E. Prokop, with his counsel, Elizabeth J. Saylor, Esquire. 3. Evidencing their intention and desire to reduce family conflict and establish an effective co- parenting relationship for the benefit of their Children, the parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator 01i_ T1« FROTHCNO IN-, NI1 MAP, 18 P11, 1: 18 MARIA P. COGNETTI & ASSOCIATES MARGARET M. SIMOK, ESQUIRE Attorney I.D. No. 89633 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No.: (717) 909-4060 Email: msimok@cognettilaw.com CUPENNSYLVAN A TY Attorneys for Plaintiff/Movant AMY TAYLOR-AVERY, IN THE COURT OF COMMON PLEAS Plaintiff/Movant CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 2008-5906 CIVIL TERM GILBERT E. PROKOP, Defendant/Respondent CIVIL ACTION -LAW IN CUSTODY MOTION TO VACATE ORDER OF COURT AND NOW, comes Plaintiff/Movant, Amy Taylor-Avery, by and through her attorney, Margaret M. Simok, Esquire, of Maria P. Cognetti and Associates, and files the following Motion to Vacate Order of Court and in support thereof avers as follows: 1. Plaintiff/Movant, Amy Taylor-Avery (here and after referred to as "Mother"), is currently residing at 431 Blacklatch Lane, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant/Respondent, Gilbert E. Prokop (here and after referred to as "Father"), is currently residing at 702 Quarter Circle, Apartment 4, Lewisberry, York County, Pennsylvania. 3. On or about February 8, 2011, Mother and Father attended a Pre-Hearing Custody Conference. 4. Dawn S. Sunday, Esquire, was the Conciliator at the February 8, 2011 conference. E, I 5. Father was represented by Elizabeth J. Saylor, Esquire and Mother was represented by Margaret M. Simok, Esquire. 6. At the Pre-Hearing Custody Conference, the parties agreed to enter a stipulated agreement as an Order of Court. 7. An Order of Court was entered on February 14, 2011 and a copy is attached hereto and made a part hereof as Exhibit "A." 8. The parties agreed to engage in therapeutic counseling and to the appointment of a parenting coordinator at the Pre-Hearing Custody Conference on February 8, 2011. 9. The parties did not agree to a start date for either the therapeutic family counseling or the parenting coordinator. 10. The Conciliator unilaterally placed the date of March 1, 2011, for the parties to initiate both the services of the person doing the therapeutic family counseling and the parenting coordinator. 11. The Conciliator did not, at any point in the conference, disclose to the parties that the parenting coordinator being discussed by the parties, and suggested by the Conciliator, was a tenant of the Conciliator's and actually located in the same building as the Conciliator. 12. The parties did not agree to, nor were they told of, the contents of paragraph nine (9) through eighteen (18) that the Conciliator later unilaterally added to the February 14, 2011 Order as presented to the Court. 13. Movant is specifically concerned about the language of paragraph fourteen (14) of the February 14, 2011 Order, which provides the parenting coordinator with unlimited and far-reaching access to the parties records, which have no bearing on the issues 2 assigned the parenting coordinator in paragraph seven (7) of the same February 14, 2011 Order. 14. The parties did agree to have their respective counsel review the parenting coordinator agreement before beginning services with the parenting coordinator; however, that was not entered into the Order of Court by the Conciliator. 15. The parties agreed that Mother would obtain a determination as to her mental health status, with said determination to be forwarded to Father's counsel from Mother's counsel. 16. Conciliator unilaterally changed the parties' agreement as to whom Mother's letter of determination on mental health status would be sent, with the Order now requiring Mother to provide said document to the parenting coordinator. 17. Opposing counsel and Conciliator have been advised that this motion is being filed after numerous attempts to resolve by agreement with opposing counsel have failed. 18. Neither opposing counsel nor Conciliator concur that the Order be vacated. WHEREFORE, Mother respectfully requests this Honorable Court vacate the February 14, 2011 Order and require Conciliator to draft an Order that is consistent with the parties' agreement on the date of their conference. Respectfully Submitted, MARIA P. COGNETTI & ASSOCIATES Date: March 17, 2011 By: MARG T M. SIMOK, ESQUIRE Attorney ID No. 89633 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No.: (717) 909-4060 Attorneys for Plaintiff/Movant 3 AMY TAYLOR-AVERY IN THE COURT OF COMMON PLEA 14 OFEB 1 5 Lit 11 L. Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA BY: ------------------- vs. 2008-5906 CIVIL ACTION LAW GILBERT E. PROKOP rDa : D efendant IN CUSTODY n:PM ORDER OF COURT AND NOW, this / 41 _e? day of rI J46tol ./ , 2011, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: Order. 1. The prior Order of this Court dated December 29, 2009 is vacated and replaced with this 2. The Mother, Amy Taylor-Avery, and the Father, Gilbert E. Prokop, shall have shared legal. custody of Caroline Avery Prokop, born June 23, 2004, and Juliana Avery Prokop, born April 26, 2006. Major decisions concerning the Children including, but not necessarily limited to, their health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in each Child's best interest. Neither party shall impair the other parry's rights to shared legal custody of the Children. Neither party shall attempt to alienate the affections of the Children from the other parry. Each party shall notify the other of any activity or circumstance concerning the Children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 3. The parties shall continue to share having physical custody of the Children on an alternating weekly basis with the exchange to take place every Friday. During the school year, both parties shall pick up Caroline after school at Good Shepherd School and Juliana at either Good Shepherd or at the after school care provider at the end of the school day on their respective Fridays. During the summer school break, the Father shall pick up the Children on alternating Fridays at 5:30 p.m. at the Dairy Queen across from Good Shepherd School and the Mother shall pick up the Children during the interim Fridays between 5:00 p.m. and 5:30 p.m. at the daycare location specified by the Father. 4. The parties shall share having custody of the Children on Christmas as follows: In odd numbered years, the Mother shall have custody of the Children from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon and the Father shall have custody from Christmas Day at 12:00 noon through December 26 at 12:00 noon. In even numbered years, the Father shall have custody of the Children from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon and the Mother shall have custody from Christmas Day at 12:00 noon through December 26 at 12:00 noon. 5. The parties shall engage in therapeutic family counseling with Deborah Salem, LPC CAC or Dr. Jose DeLarme as selected with the assistance of the parties' counsel. 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 Children. The parties shall follow the recommendations of the counselor with regard to the frequency and duration of the counseling. Any costs of the counseling which are not covered by insurance shall be shared equally between the parties. The parties shall schedule their initial appointments under this provision at the earliest available date for the professional or at least by March 1, 2011. 6. Maryann Murphy, Esquire is hereby appointed as Parent Coordinator for the parties for a term of 12 months from the date of this Order, or until the resignation of the Parent Coordinator or termination of the appointment by the Court whichever first occurs. Both parties shall cooperate with scheduling and shall not cancel appointments absent a true emergency. Any costs of parent coordination shall be equally divided between the parties, subject to reallocation by the Court in the event the Court determines such a reallocation is appropriate under the circumstances. The parties shall promptly sign Ms. Murphy's standard Parent Coordination Contract. References to the "Child" in the provisions herein regarding the terms of appointment shall be deemed to include either or both Children. 7. The Parent Coordinator shall attempt to resolve issues arising out of the existing Custody Order through facilitation, mediation, consultation, coaching and education. If it is apparent to the Parent Coordinator that continued similar efforts are unlikely to resolve the parenting conflict, the Parent Coordinator shall have the authority to resolve the dispute by providing a decision for the parties on the following issues: A. Dates, times, places and conditions for custody exchanges; B. Temporary variation from the schedule for a special event or particular circumstance; C. Minor adjustments to the physical custody schedule necessitated by the needs of the Child; D. School issues, apart from school selection; E. Child's participation in recreation, enrichment and extracurricular activities, programs and travel; F. Child care arrangements; G. Personal possessions of the Child; H. Behavioral management of the Child; I. Information exchange and communication with or about the Child; J. Coordination of services for the Child including counseling, health or medication issues; K. Other related custody issues that the parties mutually agree, in writing, to submit to the Parent Coordinator. 8. The Parent Coordinator's role and authority shall not include the following: A. A change in legal custody decision making authority; B. A change in primary physical custody; C. A change in the partial custody schedule that substantially reduces or expands the Child's time one or both parties; D. Relocation of the Child's residence which would render implementation of the current Custody Order impossible or impracticable; E. Determination of financial issues. 9. Prior to the Parent Coordinator making a decision or recommendation, the Parent Coordinator shall provide a notice and opportunity for each of the parties to be heard either in person or by other means as determined by the Parent Coordinator, unless exigent circumstances render contact with both parties impracticable or potentially dangerous to a party and or the Child. In the event a parent is given advance written notice of a session with the Parent Coordinator but does not attend or otherwise make arrangements to participate, the Parent Coordinator may make a decision despite that parent's absence. 10. The Parent Coordinator's decisions may be communicated to the parties orally, but shall be confirmed in writing as soon as practicable and filed in the Prothonotary's Office at the parties' above- captioned Custody Docket. Any communication from the Parent Coordinator to the Court shall be copied to the parties, or if represented, counsel. 11. The Parent Coordinator's decisions shall be binding upon the parties unless and until revised by Court Order. 12. Each party retains the right to petition the Court with regard to the conduct of the other party and any recommendations/decisions made by the Parent Coordinator. The parties shall have the right to rely upon recommendations/decisions made by the Parent Coordinator until such time as the Court enters any subsequent Order, with or without a hearing, regarding any issue raised by the parties. 13. Prior to filing any new motion, petition or complaint with the Court involving non- emergency custody or parenting of the Child within the scope of the Parent Coordinator's authority, the parties shall participate in at least two sessions with the Parent Coordinator to attempt resolution of the specified disputed issues. 14. Each party shall provide the Parent Coordinator with all information that the Parent Coordinator requests, including signed HIPAA releases and other forms requested. The Parent Coordinator is authorized to contact any professional or other individual (e.g. the Child, therapists, physicians, child care providers, teachers, family members, etc.) as the Parent Coordinator deems necessary. 15. The Parent Coordinator shall determine the protocol of all communications, interviews, and sessions, including who shall or may attend the sessions (including the Child), and whether the sessions will be conducted in person or by other means. 16. The Parent Coordinator may communicate with any party or their attorney in writing or verbally, if necessary, and shall advise all parties/attorneys of any such communications. Any party or attorney may communicate in writing with the Parent Coordinator for the Child, provided that copies are provided to the other party or counsel simultaneously. Any communications between the parents, the parents' attorneys, and the Parent Coordinator shall not be deemed confidential, but shall be admissible in evidence at any proceeding held before the Court, subject to the Pennsylvania Rules of Evidence. 17. In accordance with Pa. R.Civ.P. §1915.17, the Court appointed Parent Coordinator is an officer of the Court, and has quasi-judicial immunity. 18. The Parent Coordinator cannot be compelled to testify in any proceeding absent a Court Order. 19. The parties shall contact the Parent Coordinator appointed herein on the earliest date that the Parent Coordinator is available or at the latest, by March 1, 2011 to initiate the process. 20. The Mother shall obtain a determination by a psychiatrist, who is not associated with the Mother's recent employers, as to whether mental health treatment is necessary. Thereafter, the Mother shall provide to the Parent Coordinator written documentation from the psychiatrist that treatment is not necessary or written documentation from the appropriate mental health professional providing treatment that the Mother is in general compliance with any treatment plan on a quarterly basis. 21. The requirement that the parties participate in therapeutic family counseling and the parent coordination process set forth in this Order shall supersede the prior Court Ordered conditions prohibiting contact between the parties. 22. The parties shall make arrangements for the Children to continue in counseling with Georgie Anderson and shall follow the recommendations of the Children's counselor. 23. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 24. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of the custody schedule set forth in this Order by agreement. In the absence of mutual consent, the terms of the custody schedule set forth in this Order shall control. Edward E. Guido J. cc: Elizabeth J. Saylor, Esquire - Counsel for Father Margaret M. Simok, Esquire - Counsel for Mother TRUE COPY FROM RECORD In TesdriNony whotso% I W* Uinto set my hand end the seal d said tswt OW N1410. Pa. 20 /1 ThW „1'? ` d=-+ ,0044t, L Pcathonotary CERTIFICATE OF SERVICE I, Margaret M. Simok, Esquire, hereby certify that on March 17, 2011, I served a true and correct copy of the foregoing Motion to Vacate Order of Court at the address indicated below: Elizabeth J. Saylor, Esquire Law Offices of Peter J. Russo, P.C. 5006 East Trindle Road Suite 100 Mechanicsburg, PA 17050 Service by: Personal service via hand delivery X Service by First Class, United States Mail, postage pre-paid, mailed at Camp Hill, Pennsylvania, addressed as indicated above Overnight delivery Service by placing a copy of the above document in counsel's box In the Office of the Prothonotary of County Facsimile service Certified/Registered Mail MARIA P. COGNETTI & ASSOCIATES Date: March 17, 2011 By: 2C? ;t co MARG T M. SIMOK, ESQUIRE Attorney ID No. 89633 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No.: (717) 909-4060 Attorneys for Plaintiff/Movant LAW OFFICES OF PETER J. RUSSO, P.C BY: Elizabeth J. Saylor, Esquire c-? PA Supreme Court ID: 2001.39 5006 E. Trindle Road, Suite 100 a? _,. Mechanicsburg, PA 17050 n? :;Of= Telephone: (717) 591-1755 2 ° Facsimile: (717) 591-1756 <© -v a Email: lsaylor@pjrlaw.com =C:? _ I Gr") Attorneys for Defendant V M V c-n AMY TAYLOR-AVERY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-5906 CIVIL TERM GILBERT E. PROKOP, CIVIL ACTION LAW Defendant. IN DIVORCE/CUSTODY DEFENDANT'S ANSWER TO MOTION TO VACATE ORDER OF COURT WITH NEW MATTER AND REQUEST FOR RELIEF 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted with explanation. By way of further explanation please see Paragraphs 47-56 of Defendant's New Matter. 10. Admitted with explanation. By way of further explanation please see Paragraphs 47-56 of Defendant's New Matter. 11. Admitted with further response. By way of further response, whether or not the proposed Parenting Coordinator shares office space with the neutral court appointed and assigned conciliator is irrelevant. The undersigned counsel informed Attorney Simok that MaryAnn Murphy was previously presented to the parties in this matter to potentially serve as a mediator. Attorney Simok and/or her client did not voice any concern and did not further inquire upon the suggestion of MaryAnn Murphy serving as a Parent Coordinator. 12. Denied. It is denied that the parties did not agree to, nor were they told of, the contents of paragraph nine (9) through eighteen (18) or that the Conciliator unilaterally added this information to the Order. By way of further response please see Paragraphs 47, 48, 59-66 of the Defendant's New Matter. 13. Denied. The undersigned can only speculate as to what the movant is specifically concerned about. The remainder of the allegation is a legal conclusion to which no response is required. 14. Denied. The undersigned does not recall any agreement to have respective counsel review the Parenting Coordinator Agreement before beginning services, and finds it unlikely that she would have agreed in that regard given the past issues in this matter in regards to professionals, which are more specifically set forth below in Defendant's New Matter. 15. Denied. It was never agreed that Mother would obtain a determination as to her mental health status, with said determination to be forwarded to Father's counsel from Mother's counsel. By way of further response, please see Paragraphs 57-58 of the Defendant's New Matter. 16. Denied. It is denied that the conciliator unilaterally changed the parties' agreement as to whom Mother's letter of determination would be forwarded to. By way of further response, please see Paragraph 57-58 of the Defendant's New Matter. 17. Admitted in part, denied in part. It is admitted that Attorney Simok provided notice to Attorney Sunday and the undersigned on February 21, 2011, however, further negotiations commenced thereafter and no further notice was provided to the undersigned. 18. Admitted in part, denied in part. Attorney Sunday stated in an email dated February 22, 2011, that she did not believe her concurrence was relevant as she is not representing a party. Please see Paragraph 82 of the Defendant's New Matter. By way of further response, it is unknown why Attorney Sunday's non-concurrence was noted, yet she was not provided a copy of the filing. Defendant denies all other allegations in Paragraph 1 through 18 of Plaintiff s Motion to Vacate Order of Court. DEFENDANT'S NEW MATTER 19. Defendant incorporates by reference all previous responses contained herein. 20. On December 29, 2009, an Order of Court was entered as a result of an agreement reached between parties at a Custody Conciliation before Dawn S. Sunday, Esquire. A true and correct copy of the December 29, 2009 Order is attached hereto and incorporated herein as EXHIBIT A. 21. Paragraph 1 of the December 29, 2009 Order states, "The parties shall submit themselves, their minor Children, and any other individuals deemed necessary by the evaluator to a custody evaluation to be performed by a professional selected by agreement between the parties ...the parties shall sign any authorizations deemed necessary by the evaluator in order to obtain additional information pertaining to the parties or the Children." 22. Paragraph 7 states, "The parties shall make arrangements for Caroline to continue in therapy with Georgi Anderson. The parties shall contact Juliana's preschool teacher to determine whether there are any recommendations regarding counseling for Juliana." 23. Paragraph 8 states, "Within 60 days of receipt of the evaluator's written. custody recommendations, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference, if necessary. Counsel for the parties may also contact the conciliator to schedule a conference call to address additional holidays, if necessary due to delays in completion of the custody evaluation." 24. As indicated in Paragraph 4 of the custody Conciliation Summary Report, the recommendation was temporary, pending completion of the custody evaluation. 25. Via letter dated January 5, 2010, the parties agreed to use Dr. Kasey Shienvold of Riegler-Shienvold & Associates to perform the custody evaluation. A true and correct copy of the January 5, 2010 letter is attached hereto and incorporated herein as EXHIBIT B. 26. Via email dated January 22, 2010, Juliana's preschool teacher, Amy Koch, recommended that Juliana, a.k.a. Cissy, needs counseling. A true and correct copy of the January 22, 2010, email is attached hereto and incorporated herein as EXHIBIT C. 27. Father proposed that Georgi Anderson, the oldest child's counselor, provide counseling to Cissy. 28. Via letter dated February 4, 2010, Mother indicated that she would consent to Cissy's counseling so long as there was a written agreement that the counselor will not testify in any custody proceeding or provide any input whatsoever into the custody evaluation. A true and correct copy of the February 4, 2010, letter and attached proposed agreement is attached hereto and incorporated herein as EXHIB IT D. 29. Via letter dated February 5, 2010, Father indicated his refusal to enter into the proposed agreement and intention to file .a petition if Mother continued her position. A true and correct copy of the February 5, 2010 letter is attached hereto and incorporated herein as EXHIBIT E. 30. Via letter dated February 15, 2010, Mother finally agreed to sign the appropriate consent forms with Cissy's counselor as requested by Dr. Shienvold. A true and correct copy of the February 15, 2010 letter is attached hereto and incorporated herein as EXHIBIT F. 31. Mother previous counsel Debra R. Mehaffie, Esquire from Scaringi & Scaringi, was granted leave to withdraw on April 5, 2010 32. Attorney Simok entered her appearance on behalf of Mother on September 22, 2010. 33. Via letter dated December 8, 2010, Attorney Simok requested that Mother have the children from 11:00 a.m. until 4:00 p.m. on December 25, 2010 indicating that it is her understanding that "Mr. Prokop had that amount of time last year." Attorney Simok wished for an immediate telephone conference with Attorney Sunday in regards to the holiday schedule. A true and correct copy of the December 8, 2010 letter is attached hereto and incorporated herein as EXHIB IT G. 34. Via email dated December 9, 2010, the office of the undersigned notified Attorney Simok of the desire to resolve the holiday matter between counsel and provided email correspondences refuting her client's allegation as to the holiday schedule the previous year. A true and correct copy of the December 9, 2010 email and attachment is attached hereto and incorporated herein as EXHIBIT H. 35. Via email December 9, 2010, Attorney Simok notified the office of the undersigned that she had scheduled a conciliation conference at 9:00 a.m. on December 16, 2010, in regards to the holiday schedule. A true and correct copy of the December 9, 2010 email is attached hereto and incorporated herein as EXHIBIT I. 36. The final evaluation report was sent via email by Dr. Shienvold on December 13, 2010. 37. On December 16, 2010, the conciliator was informed that: a. The holiday schedule was resolved between counsel; b. The Evaluation Report was received; c. The parties did not agree in regards thereto; and d. A conciliation was needed. 38. A conciliation was scheduled for February 8, 2011 before Dawn S. Sunday, Esquire. 39. Via email dated February 4, 2011, the office of the undersigned counsel provided Attorney Sunday a copy of both the current Protection from Abuse and the Evaluation Report. A true and correct copy of the February 4, 2011 email is attached hereto and incorporated herein as EXHIB IT J. 40. Via email dated February 4, 2011, Attorney Simok requested that Attorney Sunday destroy the evaluation alleging it should not have been presented. A true and correct copy of the February 4, 2011, email is attached hereto and incorporated herein as EXHIBIT K. 41. Via email dated February 7, 2011, Attorney Simok sent a follow up email indicating that her client never agreed to have anyone review this document. A true and correct copy of the February 7, 2011 email is attached hereto and incorporated herein as EXHIBIT L. 42. A second email transmission was sent on February 7, 2011, stating "read acknowledgments requested." A true and correct copy of the February 8, 2011, email is attached hereto and incorporated herein as EXHIB IT M. 43. On February 8, 2011 the parties were present at the conciliation with their respective counsel. 44. The conciliator first met with counsel only. 45. Mother's counsel indicated that: a. The conciliator had no right to review the evaluation; b. She had talked to other conciliators about it; c. The Evaluator's Recommendation was overreaching; d. Dr. Kasey Shienvold was not a doctor and he cannot diagnose; e. She had talked to Dr. Arnie Shienvold about it, who directed her to Dr. Kasey Shienvold; f. Mother did not suffer from a mental health condition; and g. Mother would only agree to Co-parenting counseling. 46. Father's counsel indicated that: a. It was her understanding that Dr. Kasey Shienvold was qualified to make diagnosis; b. Mother has a chronic mental health condition that negatively effects her parenting when not properly treated; c. Mother has a history of deceptive behavior; d. Father needed at least the following, specific recommendations of Dr. Shienvold to become part of the Order for the current shared custody arrangement to remain in effect: i. Mother must seek and comply with treatment in regards to her mental health condition; and ii. A powerful Parent Coordinator is needed to monitor the parents' behavior. 47. The Parent Coordinator and his/her role was further discussed. 48. The Conciliator physically left the conference room, obtained a previous Court Order, and read the document word for word in regards to the Parent Coordinator. 49. The undersigned counsel expressed a desire to use Maryann Murphy, Esquire as a Parent Coordinator. 50. Attorney Simok expressed a desire to use Deb. Salem or Dr. Jose DeLarme as the Co- Parenting Counselor. 51. Dawn S. Sunday, Esquire spoke very highly of Maryann Murphy, Deb Salem and Dr. DeLarme. 52. It was agreed that the parties would meet with the professionals at their earliest availability. 53. Conversation developed as to possible dates, which created difficulty as the professionals' availability was unknown. 54. During said conversation Attorney Simok attempted to call Deb Salem via her cell phone to obtain her availability. 55. No objection was voiced in regards to any of the dates discussed. 56. It was agreed that Attorney Simok would be responsible for reaching out to the proposed Co-Parenting Counselors and the undersigned would be responsible for reaching out to Maryann Murphy to obtain their availability. 57. The undersigned counsel expressed the need for a compliance letter to be shared either directly to the undersigned counsel or to the Parent Coordinator. 58. The undersigned counsel does not recall anyone expressing a stance as to whom the information would be furnished to, but rather the extent and frequency of the information. 59. Thereafter the attorneys left the conference room to meet with their respective clients. 60. What Attorney Simok discussed with her client is unknown. 61. When the Attorneys returned with their clients, Attorney Sunday reviewed what was discussed between the Attorneys. 62. Attorney Sunday did review both the Co-Parenting Counseling and Parenting Coordination. 63. Attorney Sunday summarized what the Parent Coordinator could and could not do. 64. Attorney Sunday also reviewed the compliance letter. 65. The parties were very amicable and nobody further inquired or expressed an opposition in regards to anything that Attorney Sunday discussed. 66. After approximately three (3) hours, the conciliation ended. 67. On February 8, 2011, counsel exchanged several status emails regarding their inquiries as to the availability of the professionals. A true and correct copy of the February 8, 2010, emails are attached hereto and incorporated herein as EXHIBIT N. 68. In the final February 8, 2011 email in Exhibit N, Attorney Simok stated in regards to . Maryann Murphy "I say we DO NOT provide her with the evaluation so we are beginning anew and not going backwards. We should tell our clients..." 69. On February 9, 2011, counsel exchanged multiple emails. A true and correct copy of the February 9, 2011 emails are attached hereto and incorporated herein as EXHIBIT O. 70. On February 9, 2011, the undersigned counsel wrote "I have no intent of sending Deb or Maryann the evaluation beforehand. With that said, I think that it should be completely up to Deb and Maryann to decide what information may or may not assist them in serving in their respective rules..." 71. In the same email the undersigned further asked whether the parties should contact Maryanne Murphy after something is scheduled with Deb Salem in an attempt to confirm counsel was on the same page in this regard. 72. Attorney Simok responded and said, "As long as we can agree that both.of our clients need to agree that the evaluation can be given to anyone before anyone. received, I'm okay." 73. In a follow up email she wrote, "I am thinking that they should start with Deb Salem first and then see Maryann, with the hopes they may need Maryann less and less if Deb is successful. Am open to discussion..." 74. Again in an email dated February 9, 2011, the undersigned counsel stated, "I do not agree that mutual consent needs to be provided in order for the parties to share the evaluation. I have not and will not in any way agree to limit any other professionals' access to information that they, in their professional opinion, believe may be helpful." 75. In another email dated February 9, 2011, Attorney Simok stated, "If we cannot agree to not provide the custody evaluation to either Maryann Murphy or Deb Salem without the consent of both parties, we will withdraw our agreement to see either of these people and we will then proceed to a hearing... However, I would agree that either or both parties could raise relevant issues that are in the evaluation, but without mutual consent it is not to be provided to anyone, even Attorney Sunday." 76. In said email, Attorney Simok further indicated that, "If we can move ahead ...I will need to see [Maryanne Murphy's] agreement before I will have [Mother] contact her - a little concerned that [Maryanne Murphy] needs the Order to draft her agreement..." 77. The February 14, 2011 Order of Court was received by counsel on or about February 16, 2011. A true and correct copy of the February 14, 2011 Order of Court is attached hereto and incorporated herein as EXHIBIT P. 78. Upon receipt of the Order, Attorney Simok indicated via email dated February 16, 2011, that she contacted Attorney Sunday to advise her that "we had not and would not agree to numerous provisions in the Order in regards to what the Parent Coordinator could and would be doing. She asked that I speak with you and if we could agree, she would revise the Order." A true and correct copy of the February 16, 2011 email is attached hereto and incorporated herein as EXHIBIT Q. 79. Attorney Simok sent a letter to Attorney Sunday dated February 16, 2011, which is attached hereto and incorporated herein as EXHIBIT R. 80. The undersigned sent a responsive letter on February 17, 2011, which is attached hereto and incorporate herein as EXHIBIT S. 81. Attorney Simok sent an email dated February 21, 2011 to the undersigned and Attorney Sunday indicating her preparation of the Motion to Vacate and her intention to state both recipients non concurrence. A true and correct copy of the February 21, 2011 letter is attached hereto and incorporated herein as EXHIB IT T. 82. Attorney Sunday, responded via email dated February 22, 2011, which is attached hereto and incorporated herein as EXHIB IT U, stating: a. She did not believe her concurrence was relevant as she is not representing a party; b. The Order cannot be changed absent agreement of the parties; and c. She wished Attorney Simok had raised the concerns when Attorney Sunday "got the PC appointment order from [her] desk and read it to [Attorney Sunday and the undersigned]. 83. Upon inquiry via email by the undersigned on February 22, 2011, in an email dated February 23, 2011 Attorney Simok stated that she would not supply a Parent Coordinator with medical information nor will she ask her client to sign Attorney Murphy's agreement as it is far too reaching for a parent coordinator, we could move forward "if we can agree to terms in the Order that allow the parties and Maryann to be a PC and no more." A true and correct copy of the February 22, 2011 and February 23, 2011 emails are attached hereto and incorporated herein as EXHIBIT V. 84. Attorney Murphy's proposed Parenting Coordinator Agreement is reflective of the February 14, 2011 Order. A true and correct copy of the Parenting Coordinator Agreement signed by Father is attached hereto and incorporated herein as EXHIBIT W. 85. In response to Maryann Murphy's email dated February 21, 2011 in regards to the status of the Parenting Coordinator Agreement, Attorney Simok responded that: "The Order does NOT reflect what the clients agreed to at the conference. They were to begin with Deb Salem before starting with a parent coordinator... Additionally, I have reviewed your agreement and will not agree to have my client sign in its present form. We can discuss once the Order accurately reflects the parties' agreement." A true and correct copy of the February 21, 2011 emails are attached hereto and incorporated herein as EXHIBIT X. 86. Via email dated February 23, 2011, the undersigned counsel requested that Attorney Simok revise the current Order to reflect what she believed was agreed to as to the Parent Coordinator's power and amend the Parenting Agreement to reflect her intent as to the PC. A true and correct copy of the email is attached hereto and incorporated herein as EXHIBIT Y. 87. Via email dated February 24, 2011, Attorney Simok sent a proposed parenting coordinator agreement to the undersigned only. A true and correct copy of the email and proposed agreement are attached hereto and incorporated herein as EXHIBIT Z. 88. Via email dated February 24, 2011, Attorney Simok sent the undersigned counsel and Attorney Sunday proposed changes to the custody order. A true and correct copy of the email and proposed changes are attached hereto as EXHIBIT AA. 89. In an email dated February 28, 2011, the undersigned counsel set forth specifically the conflicting terms of the proposed order and proposed pc agreement, and specifically asked Attorney Simok the following question, "Since your proposed agreement is far more limiting and in contradiction to the powers provided to the PC in your proposed order, my question is: Is it your intention to limit the PC's powers to what is in your proposed agreement?" A true and correct copy of the February 28, 2011 email is attached hereto as EXHIBIT BB. 90. Attorney Simok provided an illusory response via email dated March 3, 2011, responding to specific paragraphs with "Agree (?)" and "And..." and further indicating the she has "a real problem with the court Order being almost a mirror image of the PC's agreement." A true and correct copy of the March 3, 2011 email is attached hereto as EXHIBIT CC. 91. Via email dated March 3, 2011 the undersigned again sets forth in bold the one question posed in her February 28, 2011 email, requesting a response. A true and correct copy of the March 3, 2011 email is attached hereto and incorporated herein as EXHIBIT DD. 92. Via email dated March 3, 2011, Attorney Simok responded to the question that it is her "intention to correct the order to cover what was agreed to and to limit the parent coordinator to what the parent coordinator was agreed to do by the parties." A true and correct copy of the March 3, 2011 email is attached hereto and incorporated herein as EXHIBIT EE. 93. Via email dated March 11, 2011, the undersigned counsel sent an email to Attorney Sunday and Attorney Simok indicating that an agreement to modify the current Order could not be reached. A true and correct copy of the March 11, 2011 email is attached hereto and incorporated herein as EXHIBIT FF. 94. Via email dated March 14, 2011, Attorney Simok again requested numerous changes to the PC agreement. A true and correct copy of the email dated March 14, 2011 is attached hereto and incorporated herein as EXHIBIT GG. 95. Via email dated March 16, 2011, Attorney Simok asked whether Father would consider only dropping the HIPPA release paragraph indicating she thinks we could move ahead then. A true and correct copy of EXHIBIT HH. 96. The undersigned received a copy of Attorney Simok's Motion to Vacate Order of Court on Friday, March 18, 2011. 97. Upon receipt and review, the undersigned forwarded a copy of the Motion to Vacate Order of Court to Dawn S. Sunday, Esquire, as her non-concurrence was noted but she was not listed on the Certificate of Service or cover letter as a recipient. 98. On or about February 23, 2011, multiple correspondences were sent in regards to Mother canceling wellness exams for the children, alleging she was not notified until three days before, when in fact notice of said appointments were communicated in writing between counsel as early as January 10, 2011. A true and correct copy of said correspondences are attached hereto and incorporated herein as EXHIBIT II. 99. On or about February 24, 2011, the undersigned counsel appeared at a support conference upon the request of Mother for a modification due to a decrease in Mother's income and Father's cohabitation. 100. Mother only presented one W-2 statement at the conference and acknowledged having more than one employer in 2010 and having filed her 2010 taxes. 101. Mother further alleged medical expenses. 102. As indicated via email from Todd Moul Mother promised to provide her 2010 tax return and all w-2s, as well as the medical expenses on February 25, 2011. A true and correct copy of the email is attached hereto and incorporated herein as EXHIBIT JJ. 103. As indicated in The Summary of Trier of Fact, Mother failed to produce the promised documentation. A true and correct copy of The Summary of Trier of Fact is attached hereto and incorporated herein as EXHIBIT KK. DEFENDANT'S REQUEST FOR RELIEF 104. Defendant incorporates by reference all previous responses contained herein. 105. It is believed and thus averred that Mother has a history of: a. A mental health condition; b. Deception; c. Non-compliance with agreements entered into before and Orders entered into by officers of the Court; d. Entering into-agreements and attempting to later renegotiate what has already been negotiated, creating litigation over litigation; e. Attempting to limit information furnished to involved professionals; f. Attempting to micromanage the services provided by the professionals; g. Manipulating situations to attempt to get what she wants. 106. Mother, after the conciliation and through counsel, has gone to great lengths to make the Parent Coordinator's role meaningless. 107. This would result in Co-Parenting Counseling only, which was Mother's original stance at the Conciliation. 108. Allowing Mother to get her desired outcome through an expression of Buyer's remorse following an agreement reached at conciliation or through litigation over litigation will establish unwanted precedent. 109. It is believed and thus averred that Mother will refuse to sign any requested releases or furnish any requested information to either the Parent Coordinator or the Co-Parenting Counselor absent a specific and clear mandate in the Order to do so. 110. It is believed and thus averred that Mother will continue to attempt to negotiate the terms of the Parenting Coordinator Agreement or any Co-Parenting Counselor Agreement. 111. Mother's conduct, alone and with the assistance of counsel, has been dilatory, obdurate and/or vexatious. 112. Father has spent countless hours and thousands of dollars as a result of Mother's conduct. WHEREFORE, Defendant/Father, Gilbert E. Prokop, respectfully requests that this Court Order the following: 1. The Order dated February 14, 2011 remain in full force and effect except that a. all March 1, 2011 dates referenced shall be changed to May 1, 2011; and b. the addition of the following language: L Paragraph 5. "Each party shall provide the therapeutic family counselor with all information that the therapeutic family counselor requests, including signed HIPAA releases and other forms requested. The therapeutic family counselor is authorized to contact any professional or other individual (e.g. the Child, therapists, physicians, child care providers, teachers, family members, etc.) as the therapeutic family counselor deems necessary. The parties shall sign any services agreement presented by the therapeutic family counselor in the form originally presented and return it to the therapeutic family counselor on or before May 1, 2011." ii. Paragraph 6. The second to last sentence shall be amended to read, "The parties shall promptly sign Ms. Murphy's standard Parent Coordination Contract in the original form presented and return it to Ms. Murphy on or before May 1, 2011; OR 2. The Order dated February 14, 2011 be vacated, and a Custody Hearing be scheduled as expeditiously as possible. It is further requested that a. the Court inform, if possible, as to the number of witnesses that each party may call. It is further requested b. the hearing not be scheduled on any of the following dates as they are known to conflict with the travel schedules of the undersigned and her intended professional witnesses: L June 13-17; ii. July 18-22; and iii. August 12-24. c. The Court GRANT any Motion to Compel Plaintiff to Provide Mental Health Records to and Submit Herself to an Independent Mental Health Evaluator that is filed by the defendant in the immediate future. AND 3. Mother immediately furnish attorney's fees in the amount of $5,000.00 to Father, via cashier's check, through counsel; and 4. Any other relief that the Court finds proper. Respec ful submitt , Date: ?? ? LAW O ETER J. RUSSO, P.C. Attorneys for Defendant Peter J. Russo, Esquire ID # 72897 M' Elizabeth J. Saylor, Esquire ID # 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 PH: (717) 591-1755 FX: (717) 591-1756 03/23/2011 WED 9:30 FAX VERIFICATION ?002/002 I, Gilbert E. Prokop, verify that the statements made in the forgoing document are true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4944 relating to unworn falsification to authorities. 13 9-2 Dated: -2011 ?-i?x Gilbert E. Prokop INDEX Exhibit Description Page A Order dated December 29, 2009 Pg 1-3 B January 5, 2010 Letter regarding Dr. Kasey Shienvold Pg 4 C January 22, 2010 E-mail from Amy Koch Pg 5 D February 4, 2010 letter and proposed agreement Pg 6-8 E February 5, 2010 letter from Attorney Saylor Pg 9-10 F February 15, 2010 letter from Attorney Mehaffie Pg 11 G December 8, 2010 letter regarding Holiday Schedule Pg 12 H December 9, 2010 Email and attachment from Attorney Saylor Pg 13-14 I December 9, 2010 Email from Attorney Simok Pg 15 J February 4, 2011 Email from Attorney Saylor Pg 16 K February 4, 2011 Email from Attorney Simok Pg 17 L February 7, 2011 Email from Attorney Simok to Atty Sunday Pg 18 M February 7, 2011 Email from Attorney Simok to Atty Sunday Pg 19 N February 8, 2010 Emails regarding professionals availability Pg 20-25 O February 9, 2011 Emails between counsel Pg 26-30 P Order dated February 14, 2011 Pg 31-35 Q February 16, 2011 Email from Attorney Simok Pg 36 R February 16, 2011 Letter from Attorney Simok Pg 37-38 S February 17, 2011 Letter from Attorney Saylor Pg 39-40 T February 21, 2011 Email from Attorney Simok Pg 41 U February 22, 2011 Email Attorney Sunday Pg 42 V February 22 and 23, 2011 Emails Pg 43-44 W Parenting Coordinater Agreement Pg 45-48 X February 21, 2011 Emails with Maryanne Murphy Pg 49-50 Y February 23, 2011 Email Attorney Saylor Pg 51 Z February 24, 2011 Email Attorney Simok Pg 52-54 AA February 24, 2011 Email from Attorney Simok Pg 55-59 BB February 28, 2011 Email from Attorney Saylor Pg 60-62 CC March 3, 2011 Email from Attorney Simok Pg 63-64 DD March 3, 2011 Email from Attorney Saylor Pg 65 EE March 3, 2011 Email from Attorney Simok Pg 66 FF March 11, 2011 Email from Attorney Saylor Pg 67 GG March 14, 2011 Email from Attorney Saylor Pg 68 HH March 16, 2011 Email from Attorney Simok Pg 69 II February 23, 2011 Letters regarding wellness exams Pg 70-74 JJ February 25, 2011 Email from Todd Moul Pg 75 KK The Summary of Trier of Fact Pg 76-78 DEC 2 8 2009 G AMY TAYLOR-AVERY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2008-5906 CIVIL ACTION LAW GILBERT E. PROKOP Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of J )EC P_,.,LCn _. , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall submit themselves, their minor Children, and any other individuals deemed necessary by the evaluator to a custody evaluation to be performed by a professional selected by agreement between the parties and counsel within 10 days of the custody conciliation conference. All costs of the evaluation shall be shared equally between the parties. The parties shall sign any authorizations deemed necessary by the evaluator in order to obtain additional information pertaining to the parties or the Children. 2. Pending completion of the custody evaluation and agreement of the parties or further Order of Court, the parties shall have shared legal and physical custody of the Children. 3. The parties shall have physical custody of the Children in accordance with the following schedule: A. The Mother shall have custody of the Children from the date of the custody conciliation conference through December 26 at 6:00 p.m. B. The Father shall have custody of the Children from December 26, 2009 at 6:00 p.m. through January 2, 2010 at 6:00 p.m. C. The Mother shall have custody of the Children from January 2 at 6:00 p.m. through January 7, 2010 after school. D. The Father shall have custody of the Children from Thursday, January 7, 2010 after school through the following Thursday, which shall begin the alternating weekly schedule with the exchange to take place every Thursday after school. E. All exchanges of custody shall take place at the Children's school and, for exchanges that do not take place on a school day, the parties shall exchange custody at the Good Shepherd parking lot. The parties shall conduct all custody exchanges in a civil and cooperative manner to promote the emotional well-being of the Children. 4. The Father may make arrangements for the Children's nanny to pick up the Children on a Thursday after school at the beginning of the Father's periods of custody in the event the Father is returning that same day from business travel but will not be back in the area in time to personally pick up the Children. 5. Both parties shall ensure that the Children attend all of their regularly scheduled activities during that parent's week of custody. Neither party shall enroll the Children in new activities unless the parties have agreed to do so in advance. 6. The Father shall notify the Mother at least one week in advance of any times he will be unavailable during his periods of custody due to business travel. The Father shall notify the Mother under this provision through counsel, who will assist the parties in making the specific arrangements for adjusted dates and times for exchanges of custody. The Mother shall have custody of the Children during any period of time during which the Father is unavailable due to business travel. 7. The parties shall make arrangements for Caroline to continue in therapy with Georgi Anderson. The parties shall contact Juliana's preschool teacher to determine whether there are any recommendations regarding counseling for Juliana. 8, Within 60 days of receipt of the evaluator's written custody recommendations, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference, if necessary. Counsel for the parties may also contact the conciliator to schedule a conference call to address additional holidays, if necessary due to delays in completion of the custody evaluation. 9. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 10. The parties may modify the provisions of this Order by mutual consent in writing. In the absence of mutual consent in writing, the terms of this Order shall control. BY THE COURT, E. Guido J. cc: Elizabeth J. Saylor, Esquire - Counsel for Father Debra R. Mehaffie, Esquire - Counsel for Mother -:,5 C•::1 rnly 1a(X te, ft. T - d AMY TAYLOR-AVERY Plaintiff VS. GILBERT E. PROKOP Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-5906 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH Caroline Grace Avery Prokop June 23, 2004 Juliana Kathryn Avery Prokop April 26, 2006 2. A custody conciliation conference was held on December 21, 2009, with the following individuals in attendance: the Mother, Amy Taylor-Avery, with her counsel, Debra R. Mehaffie, Esquire, and the Father, Gilbert E. Prokop, with his counsel, Elizabeth J. Saylor, Esquire. 3. This Court previously entered an Order in this matter on December 10, 2008, although the parties reconciled soon after the entry of the Order and have now separated on November 12, 2009. In addition, there is a Protective Order against the Mother which was entered recently and a Protective Order against the Father which was entered previously. Both parties seek primary physical custody of the Children, but have agreed to obtain a custody evaluation to assist them in determining what type of arrangements will best meet the Children's needs. The parties were able to reach an agreement as to the Christmas and New Year's holiday this year and to establish other arrangements on minor issues. 4. The conciliator recommends an Order in the form as attached reflecting the parties' agreements as to the custody evaluation, counseling for the oldest Child, place of exchange and other details as well as the conciliator's recommendations for the shared custody schedule on a temporary basis pending completion of the custody evaluation. DZams.h!, IT, 'g-aoc? Date Dawn S. Sunday, Esquire Custody Conciliator 3 Jan, 5. 2010 9:34AM Scaringi & Scaringi No,915 P, 2 Marc A Scaringi Sharon I Bond MelLue T21z Scaringi a " cariyi Erin Admiui3trator Virginia H. H6nning'_ ' Mary L. Snyder Law C. Sluzis Clerk Amanda L. Fmerson Debra R. Mehaf e Parrlegal LaucGlce C. Kress "` Attorneys and CO=selors at Law- Margaret M, Siinok A, Processional Corporation Megan E: Castoff i *A4o adinitud in MD **AG adm.irted i7t AZ January 5, 2010,... Sent via Facsimile to (71 7j 591-1754,and First Class kail'. Elizabeth I Saylor, .Esquire Law Offices of Peter J. Russo, P:O. 5006 R. Trindle Road; Suite 100 Nleclaanacsburg, PA 17050 ' kE. Amy fiayCor,Avery y. GUberfE. Prokap; Jr. .No..20.0,.8-590b'(.Divorce'/ Custody) DeanElizabeft My client agrees to. use Dr. Kale Shienvvld of. Riegler-Sbienvold & Associates to . perform the custody evaluation. From: amylkochgverizon.net Date: Fri, 22 Jan 2010 17:07:43 -0600 (CST) To: <ata.edrnna gmail.com> Cc: <heather.rose i trini camphill orb>; <burmanohio(aa mail.com> Subject: Re: Fwd: Juliana Prokop Amy, Amy Koch C 5 The Attorneys Cann 1 Marc A. Scaringi ?u & Melanie Walz Scaringi ?;, Callrigi, P.C. Virginia H. Henning* A Full Service Law Firm Frank G.Sluzis www.scaringilaw.com Debra R. Mehaffie Laurence C. Kress** 2000 Linglestown Road, Suite 106 Margaret M. Simok Harrisburg, PA 17110 Megan E. Castor 717-657-7770 Keith E. Kendall WsoAdmiusd in MD 717-657-7797 (fax) **ALWAdndWdinAZ (Please reply to Harrisburg Office) February 4, 2010 Sent via Facsimile to (717) 591-1756 and First Class Mail. Elizabeth J. Saylor,.Esquire Law Offices of Peter J. Russo, P.C. 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 RE: Amy'Taylor Avery v Gilbert E Prokop, Jr. No. 2008-5906 (Divorce /Custody) Dear Elizabeth: The Administrative Stab Mary Beth Lake Firm Administrator Dominic M. Fure Assistant Firm Adminstrator Mary-L. Snyder Law Clerk Amanda L. Emerson Paralegal 14 S. 2nd Street Newport, PA 17074 Amy will consent to Cissy's counseling so long as we have a written agreement that the counselor will not testify in any custody 'Dro ceodina or grouide act y. input whatsoever into, the Enclosures Cc Amy Taylor-Avery truly yo , ?. I R. Mehaffie Q AMY TAYLOR-AVERY : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA -v- :2008-5906 CIVIL ACTION - LAW GILBERT E. PROKOP Defendant : IN CUSTODY INTERIM CUSTODY AGREEMENT AND NOW, this day of February, 2010, the parties hereto, Amy Taylor-Avery ("Mother") and Gilbert E. Prokop ("Father") hereby agree to the following Interim Custody Agreement: WITNESSETH: WHEREAS, the Mother and I ather are the natural parents of two children, namely: Caroline Grace Avery-Prokop, born June 23, 2004 and Juliana Kathryn Avery-Prokop, born April 26, 2006; and WHEREAS, the Mother and Father attended a custody conference on December 21, 2009 to address Father's Petition to Modify Custody; and WHEREAS, the conciliator recommended an Order reflecting the parties' agreement to a custody evaluation, counseling for Caroline, place of exchange and other details and the conciliator's recommendation for shared physical custody on a temporary basis pending completion of a custody evaluation; and WHEREAS, the parties have reached a temporary agreement concerning counseling of their daughter Juliana. NOW THEREFORE, in consideration of these promises, and of the mutual promises, covenants and undertakings hereinafter set forth, Mother and Father each intending to be legally bound, hereby covenant and agree as follows: 1. Mother and Father agree tt-at Juliana will commence counseling with Georgi Anderson. 2. The parties agree that the intended purpose of said counseling shall be for Juliana to talk freely with the counselor without consequence from either parent. 3 3. Both parents consent to counseling with Ms. Anderson and agree to extend their full cooperation to the counselor. 4. Both parents shall be entitled to acquire information regarding the progress of Juliana's counseling consistent with 23 Pa. CSA Section 5309. 5. Should either party believe that counseling is no longer appropriate; the parties shall discuss their concerns. If the concerns cannot be resolved through good faith discussion between the parties, counseling may be ceased by either party. 6. The parties intend that all information gained during counseling shall be kept confidential between Juliara, the counselor, and the parents. It is further intended that no information obtained during the course of course of counseling shall be used in litigation concerning this child. Accordingly, the parties agree that Ms. Anderson shall not be called as a witness to testify in any custody proceeding. The parties further agree that Ms. Anderson shall not communicate any information regarding Juliana or the parents to any third party, including but not limited to the custody evaluator, without both parties' express written consent, unless required by federal, state or local law. 7. The parties agree that the costs for Juliana's counseling as agree herein shall be paid equally by the parties after insurance reimbursement. 8. The parties agree that it is their intention that this Custody Agreement be effective upon signature of both parties. 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. However, the validity of this Agreement is not contingent upon the Court's approval and shall take effect upon execution of the parties. 9. Mother has been represented by Debra R. Mehaffie, Esquire and Father has been represented by Elizabeth J. Saylor, Esquire in this matter. IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties hereto have hereunto set their hands and seals the day and year first above written to this two (2) page Agreement. WITNESS WITNESS AMY TAYLOR-AVERY (Mother) GILBERT E. PROKOP (Father) 2 8 LAW OFFICES OF PETER JAUSSOP.c. PETER). RUSSO. ESCJIIRE ASHLEY R. SIPE. PARALEGAL ATTORNEYS AT LAw ELIZABETH J. SAYLOR. ESQUIRE AMBER L. SOUTHARD, PARALEGAL Friday, February 5, 2010 Debra R. Mehaffie, Esquire Scaringi & Scaringi 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 RE: Taylor-Avery v. Prokop, No. 2008-5906 Dear Debra, VIA FAX (717) 657-7797 My client is unwilling to agree that Cissy's counselor will not provide any input whatsoever into the custody evaluation. Our understanding at the conciliation was that the evaluator will determine who he wishes to gain information from. My client wishes to allow Dr. Shienvold to have that discretion, especially since the counselor selected for Cissy has been providing counseling services to Caroline for a substantial period of time, Dr. Shienvold has expressed a desire to speak to her, and Mr. Prokop has signed a release in that regard. Please inform as to whether your client will voluntarily agree to Cissy receiving counseling in light of Mr. Prokop's position or if a petition will be necessary. 5006 EAST TRINDLE ROAD, SUITE 100, MECHANICSBURG, PA 17050 47 PHONE: (717) 591-1755 FAX: (717) 591-1756 I am in receipt of your letter dated February 4, 2010. EJS/als cc: Gil Prokop (via e-mail) Truly, •r Elizabe J ylor, Esquire 10 The Attorneys Caringi r C Marc A. Scaringi Melanie Walz Scaringi t? Car><ngi, P .C. Virginia H. Henning* A -Full Service Law Firm Frank C. Sluzis www scaringilaiv com Debra R. Mehaffie Laurence C. Kress** 2000 Linglestown Road,. Suite 106 Margaret M. Simok Harrisburg, PA 17110 Megan E. Castor 717-657-7770 Keith E. Kendall *Also Admined in MD 717-657-7797 (fax) **AlsoAdmittedinAZ (Please reply to Harrisburg Office) February 15, 2010 Sent via Facsimile to (717) 591-1756 and First Class Mail Elizabeth J. Saylor, Esquire Law Offices of Peter J. Russo, P.C. 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 RE:.. Amy Taylor Avery v. Gilbert E. Prokop, Jr. No. 2008-5906 (Divorce/ Custody) Dear Elizabeth: Cc:. Amy. Taylor=Avery The Administrative Staff Mary Beth Lake Firm Administrator Dominic M. Fure Assistant. Firm Adminstrator Mary L. Snyder Law Clerk Amanda L. Emerson Paralegal 14 S. 2nd Street Newport, PA 17074 Very truly yours, .I , 3'jDebra R. Meh e Finally, Ms. Avery will sign the appropriate consent forms with Cissy's counselor as requested by Dr. Shienvold. However, Cara should not accompany the girls to counseling sessions. and she should refrain from providing any input, which is clearly biased under the circumstances. Thank you for your time and attention in this matter. 12/08/2010 09:42 FAX 717 909 4068 MARIA P COGNETTI [it 002 MARIA OGNETn ssocuTE Attorneys & Counselors at Law 210 Grandview Avenue, Suite 102 ? Camp Hill, PA 17011 Telephone (717) 909-4060 ? Fax (717) 909-4068 Maria P. Cognetti* Attorney at Caw "Fellow, American Academy of Matrimonial Lawyers Fellow, International Academy of Matrimonial Lawyers VIA FACSIMILE ONLY FAX NO.: (717) 591-1756 Elizabeth J. Saylor, Esquire Law Offices of Peter J. Russo, P.C. 5006 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 December 8, 2010 RE: TAYLOR AVERYv. PROKOP Our File No. 878 Dear Attorney Saylor: Margaret M. Simok Attorney at Law Heather E. Verchick Attorney at Caw Karen A. Sheriff Paralegal er your request, wi tell you that my client would a to have the c . . until 4:00 p.m. on December 25, 2010. It is my understanding that Mr. Prokop had that amount of time last year. Very truly yours, Margaret M. Simok MMS/lb cc: Amy Taylor-Avery (via email) is Practice Limited to Matrimonial Law Liz Saylor From: Amber Southard [asouthard@pjrlaw.com] Sent: Thursday, December 09, 2010 12:17 PM To: Isaylor@pjrlaw.com Subject: FW: Taylor-Avery v. Prokop Attachments: Email from ATA to GP.pdf From: Amber Southard fmailto:asouthard(ftirlaw.com] Sent: Thursday, December 09, 2010 10:51 AM To: 'Margaret M. Simok' Subject: Taylor-Avery v. Prokop Attorney Simok, She does intend to respond to your ho iday proposal prior to her departure in an attempt to resolve is matter without the need of involving Attorney Sunday. Liz also requested that I share with you the attached email that refutes your client's allegation that she allowed our client to enjoy any Christmas time last year. Amber L. Southard, Paralegal The Law Offices of Peter J. Russo, P.C. 5006 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 Phone: (717) 591-1755, Ext. 105 Fax: 717)591-1756 Please note our office will be closed on December 24th and December 31st for the holiday. We wish you and your family a safe and happy holiday season! CONFIDENTIAL This electronic mail, information and any data or attachments which accompany this transmission contain information that is privileged, confidential, and/or otherwise protected and is intended for the information of the recipients set forth above. If you are not the intended recipient of this electronic mail, you are hereby notified that any unauthorized distribution of the information contained herein is strictly prohibited. If you receive this electronic mail in error, please notify the sender immediately by reply email and delete the original message without further disclosure, dissemination, copying or use of this electronic mail, its contents or its attachments. Thank you. No virus found in this incoming message. Checked by AVG -)m .av .com Version: 8.5.449 / Virus Database: 271.1.1/3304 - Release Date: 12/09/10 07:34:00 N 13 Liz From: burmanohio@gmail.com Sent: Tuesday, December 29, 200911:27 AM To: Elizabeth Saylor Subject: Fw: FW: Emailing: avery order to appear 01-12-10 Sent on the Now Network from my Sprint@ BlackBerry ...... ...... ... . From: ata.edrn@gmail.com Date: Thu, 24 Dec 2009 21:58:43 +0000 To: <burmanohio@gmail.com> Subject: Re: FW: Emailing: avery order to appear 01-12-10 I am sorry but our family have several holiday events planned. Sent on the Sprint@ Now Network from my B1ackBerry@ From: burmanohio@gmail.com Date: Thu, 24 Dec 2009 16:01:04 +0000 To: Amy Taylor Avery<ata.edm@gmail.com>; Gil Prokop<gprokop@sswhiteburs.com> Cc: Debra R. Mehaffie<debra@scaringilaw.com> Subject: Re: FW: Emailing: avery order to appear 01-12-10 Amy, I would also like to call Sincerely, Gil uest that I have the ability to s eak to the girls on Christmas. 4 pm worked well last time time? If n_ o ase let me know Sent on the Now Network from my Sprint@ BlackBerry From: Amy Taylor Avery <ata.edrn@gmail.com> Date: Wed, 23 Dec 2009 19:37:04 -0500 To: gilbert prokop<bunnanohio@gmail.com>; Gil Proko < roko Cc: Debra R. Mehaffie<debra@scaringilaw.com> p p@sswhiteburs.com> Subject: Re: FW: Emailing: avery order to appear 01-12-10 ly From: Margaret M. Simok rmaiIto: msimoKbcognettilaw coml Sent: Thursday, December 09, 2010 2:29 PM To: 'Amber Southard' Cc: dssunday(&aol.com Subject: RE: Taylor-Avery v. Prokop - Christmas time for Mother Attorney Saylor, I spoke with Attorney Sunday and informed her that you were not available for the 1:00 pm tomorrow. Given that she has very limited availability between now and Christmas, she went ahead and scheduled us for a 9:00 am conference call on December 16, 2010. Dawn thought that maybe someone in your office could take the call for you if you are not available. My office will originate the call so please confirm at what number you can be reached at that time. Margaret M. Simok, Esquire MARIA P. COGNETTI & ASSOCIATES 210 Grandview Avenue, Ste 102 Camp Hill, PA 17011 Telephone: 717.909.4060 Fax: 717.909.4068 Email: msimok(a,cognettilaw. com The information is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please reply to the sender that you have received the message in error, and then delete it. Thank you for your cooperation. IRS Circular 230 Disclosure: To comply with certain U.S. Treasury regulations, we inform you that, unless expressly stated otherwise, any U.S. federal tax advice contained in this communication, including attachments, was not intended or written to be used, and cannot be used, by any taxpayer for the purpose of avoiding any penalties that may be imposed on such taxpayer by the Internal Revenue Service. In addition, if any such tax advice is used or referred to by other parties in promoting, marketing or recommending any partnership or other entity, investment plan or arrangement, then (i) the advice should be construed as written in connection with the promotion or marketing by others of the transaction(s) or matter(s) addressed in this communication and (ii) the taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. Although we have made every effort to safeguard this e-mail and any attachments against viruses, there is no guarantee that this message is virus free. It is the recipient's responsibility to protect against viruses and other defects that may result from the opening of this e-mail or any attachments hereto. )5 From: Amber Southard (mailto:asouthard(a pjrlaw coml Sent: Friday, February 04, 20112:18 PM To: DSSunday(a)aol.com Cc: Liz Saylor; 'Margaret M. Simok' Subject: Taylor-Avery v. Prokop Attorney Sunday, Attached please find the current PFA which my client has against Ms. Taylor-Avery as well as Dr. Shienvold's evaluation. Please note that these two parties have a conciliation scheduled on Tuesday, February 8, 2010. Should you have any questions or concerns, please feel free to contact our office. Amber L. Southard, Paralegal The Law Offices of Peter J. Russo, P.C. 5006 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 Phone: (717) 591-1755, Ext. 105 Fax: (717) 591-1756 CONFIDENTIAL This electronic mail, information and any data or attachments which accompany this transmission contain information that is privileged, confidential, and/or otherwise protected and is intended for the information of the recipients set forth above. If you are not the intended recipient of this electronic mail, you are hereby notified that any unauthorized distribution of the information contained herein is strictly prohibited. If you receive this electronic mail in error, please notify the sender immediately by reply email and delete the original message without further disclosure, dissemination, copying or use of this electronic mail, its contents or its attachments. Thank you. No virus found in this incoming message. Checked by AVG - www.avq.com Version: 8.5.449 / Virus Database: 271.1.1/3422 - Release Date: 02/04/11 07:34:00 1(0 From: Margaret M. Simok rmailto:msimok(a cognettilaw coml Sent: Friday, February 04, 20115:26 PM To: 'Amber Southard'; 'DSSunday@aol.com' Cc: 'Liz Saylor' Subject: RE: Taylor-Avery v. Prokop By copy of this email I am asking the Attorney Sunday destroy the copy of the Kasey Shienvold evaluation. This document should not have been presented. Please let me know that it has been destroyed. Margaret M. Simok, Esquire MARIA P. COGNETTI & ASSOCIATES 210 Grandview Avenue, Ste 102 Camp Hill, PA 17011 Telephone: 717.909.4060 Fax: 717.909.4068 Email: msimok ,cognettilaw.com The information is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please reply to the sender that you have received the message in error, and then delete it. Thank you for your cooperation. IRS Circular 230 Disclosure: To comply with certain U.S. Treasury regulations, we inform you that, unless expressly stated otherwise, any U.S. federal tax advice contained in this communication, including attachments, was not intended or written to be used, and cannot be used, by any taxpayer for the purpose of avoiding any penalties that may be imposed on such taxpayer by the Internal Revenue Service. In addition, if any such tax advice is used or referred to by other parties in promoting, marketing or recommending any partnership or other entity, investment plan or arrangement, then (i) the advice should be construed as written in connection with the promotion or marketing by others of the transaction(s) or matter(s) addressed in this communication and (ii) the taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. Although we have made every effort to safeguard this e-mail and any attachments against viruses, there is no guarantee that this message is virus free. It is the recipient's responsibility to protect against viruses and other defects that may result from the opening of this e-mail or any attachments hereto. K II From: Margaret M. Simok fmailto:msimok(a)cognettilaw com] Sent: Monday, February 07, 201110:54 AM To: 'DSSunday@aol.com' Cc: 'Liz Saylor' Subject: RE: Taylor-Avery v. Prokop Dawn, I have tried calling you this morning, but the line is constantly busy. I am a little concerned that I have not heard back from you regarding the destruction of the custody evaluation. My client never agreed to have anyone review this document. Please let me know. Margaret M. Simok, Esquire MARIA P. COGNETTI & ASSOCIATES 210 Grandview Avenue, Ste 102 Camp Hill, PA 17011 Telephone: 717.909.4060 Fax: 717.909.4068 Email: msimok(acognettilaw.com The information is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please reply to the sender that you have received the message in error, and then delete it. Thank you for your cooperation. IRS Circular 230 Disclosure: To comply with certain U.S. Treasury regulations, we inform you that, unless expressly stated otherwise, any U.S. federal tax advice contained in this communication, including attachments, was not intended or written to be used, and cannot be used, by any taxpayer for the purpose of avoiding any penalties that may be imposed on such taxpayer by the Internal Revenue Service. In addition, if any such tax advice is used or referred to by other parties in promoting, marketing or recommending any partnership or other entity, investment plan or arrangement, then (i) the advice should be construed as written in connection with the promotion or marketing by others of the transaction(s) or matter(s) addressed in this communication and (ii) the taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. Although we have made every effort to safeguard this e-mail and any attachments against viruses, there is no guarantee that this message is virus free. It is the recipient's responsibility to protect against viruses and other defects that may result from the opening of this e-mail or any attachments hereto. IO From: Margaret M. Simok rmailto:msimok(c)cognettilaw.com] Sent: Monday, February 07, 201110:56 AM To: 'Margaret M. Simok'; DSSunday aaol.com Cc: 'Liz Saylor' Subject: RE: Taylor-Avery v. Prokop Second transmission - read acknowledgements requested. Margaret M. Simok, Esquire MARIA P. COGNETTI & ASSOCIATES 210 Grandview Avenue, Ste 102 Camp Hill, PA 17011 Telephone: 717.909.4060 Fax: 717.909.4068 Email: msimok(c cognettilaw.com The information is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please reply to the sender that you have received the message in error, and then delete it. Thank you for your cooperation. IRS Circular 230 Disclosure: To comply with certain U.S. Treasury regulations, we inform you that, unless expressly stated otherwise, any U.S. federal tax advice contained in this communication, including attachments, was not intended or written to be used, and cannot be used, by any taxpayer for the purpose of avoiding any penalties that may be imposed on such taxpayer by the Internal Revenue Service. In addition, if any such tax advice is used or referred to by other parties in promoting, marketing or recommending any partnership or other entity, investment plan or arrangement, then (i) the advice should be construed as written in connection with the promotion or marketing by others of the transaction(s) or matter(s) addressed in this communication and (ii) the taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. Although we have made every effort to safeguard this e-mail and any attachments against viruses, there is no guarantee that this message is virus free. It is the recipient's responsibility to protect against viruses and other defects that may result from the opening of this e-mail or any attachments hereto. 1 ' ' 11 From: Margaret M. Simok rmailto:msimok@cognettilaw.com] Sent: Tuesday, February 08, 20113:05 PM To: 'Deborah Salem' Cc: 'Liz Saylor' Subject: Co-parenting - New Clients Deb, Attorney Saylor and I are looking for you to possibly work with our clients in co-parenting counseling ...... we would like to ask when your first appointments might be.....and your fee schedule.... Please "Reply All" so that we both know what to tell our clients. Thanks! Margaret M. Simok, Esquire MARIA P. COGNETTI & ASSOCIATES 210 Grandview Avenue, Ste 102 Camp Hill, PA 17011 Telephone: 717.909.4060 Fax: 717.909.4068 Email: msimok(c?cognettilaw.com The information is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please reply to the sender that you have received the message in error, and then delete it. Thank you for your cooperation. IRS Circular 230 Disclosure: To comply with certain U.S. Treasury regulations, we inform you that, unless expressly stated otherwise, any U.S. federal tax advice contained in this communication, including attachments, was not intended or written to be used, and cannot be used, by any taxpayer for the purpose of avoiding any penalties that may be imposed on such taxpayer by the Internal Revenue Service. In addition, if any such tax advice is used or referred to by other parties in promoting, marketing or recommending any partnership or other entity, investment plan or arrangement, then (i) the advice should be construed as written in connection with the promotion or marketing by others of the transaction(s) or matter(s) addressed in this communication and (ii) the taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. Although we have made every effort to safeguard this e-mail and any attachments against viruses, there is no guarantee that this message is virus free. It is the recipient's responsibility to protect against viruses and other defects that may result from the opening of this e-mail or any attachments hereto. From: Margaret M. Simok jmailto:msimok(abcognettilaw.com] Sent: Tuesday, February 08, 20113:13 PM To: 'Liz Saylor' Subject: Dr. Delerme Liz, Peggy I left a message at Dr. Delerme's office asking about availability and fees. You were copied on my follow-up email to Deb Salem. Margaret M. Simok, Esquire MARIA P. COGNETTI & ASSOCIATES 210 Grandview Avenue, Ste 102 Camp Hill, PA 17011 Telephone: 717.909.4060 Fax: 717.909.4068 Email: msimok cDcognettilaw.com The information is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please reply to the sender that you have received the message in error, and then delete it. Thank you for your cooperation. IRS Circular 230 Disclosure: To comply with certain U.S. Treasury regulations, we inform you that, unless expressly stated otherwise, any U.S. federal tax advice contained in this communication, including attachments, was not intended or written to be used, and cannot be used, by any taxpayer for the purpose of avoiding any penalties that may be imposed on such taxpayer by the Internal Revenue Service. In addition, if any such tax advice is used or referred to by other parties in promoting, marketing or recommending any partnership or other entity, investment plan or arrangement, then (i) the advice should be construed as written in connection with the promotion or marketing by others of the transaction(s) or matter(s) addressed in this communication and (ii) the taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. Although we have made every effort to safeguard this e-mail and any attachments against viruses, there is no guarantee that this message is virus free. It is the recipient's responsibility to protect against viruses and other defects that may result from the opening of this e-mail or any attachments hereto. X1 From: Liz Saylor jmailto:lsaylor('0pjrlaw.com1 Sent: Tuesday, February 08, 20114:05 PM To: 'MaryannMurphyEsq@aol.com' Cc: 'msimok@cognettilaw.com' Subject: Parenting Coordinator Hi, Maryann. Attorney Simok and I wanted to inquire as to whether you are willing to be a parenting coordinator in our high conflict custody case? If you are so willing, kindly inform as to your availability and fee. Please "Reply All" so that we both know what to tell our clients. Thanks so much. Hope all is well. Liz LAW OFFICES O PETER J,RUSSOPc Elizabeth J. Saylor, Esquire Law Offices of Peter J. Russo, P.C. 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 PH: 717-591-1755 x 104 FX:717-591-1756 From: Liz Saylor [mailto:lsaylor@pjrlaw.com] Sent: Tuesday, February 08, 20114:08 PM To: 'Margaret M. Simok' Subject: RE: Dr. Delerme Hi, Peg. I have received both of your emails. Please let me know if you did not receive my email to Maryann. Thanks, Liz LAW OFFICES OF PETER J.RUSSOPcw Elizabeth J. Saylor, Esquire Law Offices of Peter J. Russo, P.C. 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 PH: 717-591-1755 x 104 FX:717-591-1756 From: Margaret M. Simok jmailto:msimok(abcognettilaw.com] Sent: Tuesday, February 08, 20113:53 PM To: 'Liz Saylor'; MaryannMurphyEsg0aol.com Subject: RE: Parenting Coordinator Maryann, Can you send me the agreement the clients would sign for you as the parent coordinator? Thanks! Margaret M. Simok, Esquire MARIA P. COGNETTI & ASSOCIATES 210 Grandview Avenue, Ste 102 Camp Hill, PA 17011 Telephone: 717.909.4060 Fax: 717.909.4068 Email: msimok(cDcognettilaw. com The information is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please reply to the sender that you have received the message in error, and then delete it. Thank you for your cooperation. IRS Circular 230 Disclosure: To comply with certain U.S. Treasury regulations, we inform you that, unless expressly stated otherwise, any U.S. federal tax advice contained in this communication, including attachments, was not intended or written to be used, and cannot be used, by any taxpayer for the purpose of avoiding any penalties that may be imposed on such taxpayer by the Internal Revenue Service. In addition, if any such tax advice is used or referred to by other parties in promoting, marketing or recommending any partnership or other entity, investment plan or arrangement, then (i) the advice should be construed as written in connection with the promotion or marketing by others of the transaction(s) or matter(s) addressed in this communication and (ii) the taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. Although we have made every effort to safeguard this e-mail and any attachments against viruses, there is no guarantee that this message is virus free. It is the recipient's responsibility to protect against viruses and other defects that may result from the opening of this e-mail or any attachments hereto. 1?4 From: Margaret M. Simok Imailto:msimok(?lcognettilaw.com] Sent: Tuesday, February 08, 20113:58 PM To: 'Liz Saylor' Subject: RE: Dr. Delerme I did receive your emails and emailed Maryann to ask to review her agreement And, Deb Salem returned my cellphone call before she read the email. She is taking new cases and has appointments available as early as late next week. The parties would call her to make arrangements and she asks that they mention both attorneys' names when they call. Initial appointments are $125. per person per session and if they want individual meetings, one-on-ones, first she will do that but she states is not necessary. I say we DO NOT provide her with the evaluation so we are beginning anew and not going backwards. We should tell our clients....... I was so very pleased to see our clients positively interacting - hope you and I had something to do with that..... I'm in court all morning tomorrow, but around after that.. Margaret M. Simok, Esquire MARIA P. COGNETTI & ASSOCIATES 210 Grandview Avenue, Ste 102 Camp Hill, PA 17011 Telephone: 717.909.4060 Fax: 717.909.4068 Email: msimok(cDcognettilaw. com The information is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please reply to the sender that you have received the message in error, and then delete it. Thank you for your cooperation. IRS Circular 230 Disclosure: To comply with certain U.S. Treasury regulations, we inform you that, unless expressly stated otherwise, any U.S. federal tax advice contained in this communication, including attachments, was not intended or written to be used, and cannot be used, by any taxpayer for the purpose of avoiding any penalties that may be imposed on such taxpayer by the Internal Revenue Service. In addition, if any such tax advice is used or referred to by other parties in promoting, marketing or recommending any partnership or other entity, investment plan or arrangement, then (i) the advice should be construed as written in connection with the promotion or marketing by others of the transaction(s) or matter(s) addressed in this communication and (ii) the taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. Although we have made every effort to safeguard this e-mail and any attachments against viruses, there is no guarantee that this message is virus free. It is the recipient's responsibility to protect against viruses and other defects that may result from the opening of this e-mail or any attachments hereto. d5, Liz Savior From: Margaret M. Simok [msimok@cognettilaw.com] Sent: Wednesday, February 09, 20112:30 PM To: Isaylor@pjrlaw.com Cc: DSSunday@aol.com Subject: Custody Evaluation Attorney Saylor, If we cannot agree to not provide the custody evaluation to either Maryann Murphy or Deb Salem without the consent of both parties, we will withdraw our agreement to see either of these people and we will then proceed to a hearing. If you remember, we did speak about moving ahead and not moving backwards and the evaluation certainly goes backwards. However, I would agree that either or both parties could raise relevant issues that are in the evaluation, but without mutual consent it is not to be provided to anyone, even Attorney Sunday. If we can move ahead on the above, I will need to see Maryann's agreement before I will have Amy contact her - a little concerned that she needs the Order to draft her agreement....... Margaret M. Simok, Esquire MARIA P. COGNETTI & ASSOCIATES 210 Grandview Avenue, Ste 102 Camp Hill, PA 17011 Telephone: 717.909.4060 Fax: 717.909.4068 Email: msimokacognettilaw.com The information is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please reply to the sender that you have received the message in error, and then delete it. Thank you for your cooperation. IRS Circular 230 Disclosure: To comply with certain U.S. Treasury regulations, we inform you that, unless expressly stated otherwise, any U.S. federal tax advice contained in this communication, including attachments, was not intended or written to be used, and cannot be used, by any taxpayer for the purpose of avoiding any penalties that may be imposed on such taxpayer by the Internal Revenue Service. In addition, if any such tax advice is used or referred to by other parties in promoting, marketing or recommending any partnership or other entity, investment plan or arrangement, then (i) the advice should be construed as written in connection with the promotion or marketing by others of the transaction(s) or matter(s) addressed in this communication and (ii) the taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. Although we have made every effort to safeguard this e-mail and any attachments against viruses, there is no guarantee that this message is virus free. It is the recipient's responsibility to protect against viruses and other defects that may result from the opening of this e-mail or any attachments hereto. No virus found in this incoming message. Checked by AVG - www.ava.com Version: 8.5.449 / Virus Database: 271.1.1/3432 - Release Date: 02/09/11 07:34:00 D X,0 From: Liz Saylor jmaiIto: lsaylor@pjrlaw.coml Sent: Wednesday, February 09, 20112:00 PM To: 'Margaret M. Simok' Subject: RE: Prokop and Taylor Avery I do not agree that mutual consent needs to be provided in order for the parties to share the evaluation. I have not and will not in any way agree to limit any other professional's access to information that they, in their professional opinion, believe may be helpful. With that said, I do completely understand that the information within the evaluation is personal. In short, I think it is best to have both of our clients contact Deb and allow her to take it from there. I agree with your view below on Maryann. I do think we should check with Maryann in regards to her preference. I understand the money issue, but also want this to be as effective as possible. If I were acting as a PC I would want to meet with them to know a little something about them in case an issue would arise as it would be very difficult to make a decision, particularly a time pressed one, if you knew virtually nothing about the situation. However, this is just me. I thought maybe after they made their appointment with Deb that they could then each contact Maryann, explain when they are meeting with Deb, that they know Maryann is the PC and see how she would like to handle the situation. Again, I am all about them contacting her and her taking it from there. Thanks, Liz LAW OFFICES OF PETER ].R.USSOP(, Elizabeth J. Saylor, Esquire Law Offices of Peter J. Russo, P.C. 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 PH: 717-591-1755 x 104 FX: 717-591-1756 o From: Margaret M. Simok lmailto:msimokQcognettilaw.com] Sent: Wednesday, February 09, 201111:39 AM To: Isaylor(fti rlaw.com Subject: RE: Prokop and Taylor Avery Opps - forgot to answer your Maryann question. I am thinking that they should start with Deb Salem first and then see Maryann, with the hopes they may need Maryann less and less if Deb is successful. Am open to discussion ........ think we need to keep in mind their time and money as we move along on this.... Margaret M. Simok, Esquire MARIA P. COGNETTI & ASSOCIATES 210 Grandview Avenue, Ste 102 Camp Hill, PA 17011 Telephone: 717.909.4060 Fax: 717.909.4068 Email: msimok@cognettilaw.com The information is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please reply to the sender that you have received the message in error, and then delete it. Thank you for your cooperation. IRS Circular 230 Disclosure: To comply with certain U.S. Treasury regulations, we inform you that, unless expressly stated otherwise, any U.S. federal tax advice contained in this communication, including attachments, was not intended or written to be used, and cannot be used, by any taxpayer for the purpose of avoiding any penalties that may be imposed on such taxpayer by the Internal Revenue Service. In addition, if any such tax advice is used or referred to by other parties in promoting, marketing or recommending any partnership or other entity, investment plan or arrangement, then (i) the advice should be construed as written in connection with the promotion or marketing by others of the transaction(s) or matter(s) addressed in this communication and (ii) the taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. Although we have made every effort to safeguard this e-mail and any attachments against viruses, there is no guarantee that this message is virus free. It is the recipients responsibility to protect against viruses and other defects that may result from the opening of this e-mail or any attachments hereto. as From: Margaret M. Simok jmailto:msimokOgggnettilaw.coml Sent: Wednesday, February 09, 201111:37 AM To: Isaylor@pj rlaw.com Subject: RE: Prokop and Taylor Avery As long as we can agree that both of our clients need to agree that the evaluation can be given to anyone before anyone receives, I'm okay. I does contain very sensitive and personal information about both, so that both should concur on its release. On Deb Salem - are we agreeing that she will do the work? Then I will no longer pursue information from Dr. Delerme..... Thanks Margaret M. Simok, Esquire MARIA P. COGNETTI & ASSOCIATES 210 Grandview Avenue, Ste 102 Camp Hill, PA 17011 Telephone: 717.909.4060 Fax: 717.909.4068 Email: msimok@cognettilaw.com The information is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please reply to the sender that you have received the message in error, and then delete it. Thank you for your cooperation. IRS Circular 230 Disclosure: To comply with certain U.S. Treasury regulations, we inform you that, unless expressly stated otherwise, any U.S. federal tax advice contained in this communication, including attachments, was not intended or written to be used, and cannot be used, by any taxpayer for the purpose of avoiding any penalties that may be imposed on such taxpayer by the Internal Revenue Service. In addition, if any such tax advice is used or referred to by other parties in promoting, marketing or recommending any partnership or other entity, investment plan or arrangement, then (1) the advice should be construed as written in connection with the promotion or marketing by others of the transaction(s) or matter(s) addressed in this communication and (ii) the taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. Although we have made every effort to safeguard this e-mail and any attachments against viruses, there is no guarantee that this message is virus free. It is the recipient's responsibility to protect against viruses and other defects that may result from the opening of this e-mail or any attachments hereto. From: Isaylor@)pjrlaw.com rmailto:lsaylor irlaw.com,] Sent: Wednesday, February 09, 20116:50 AM To: Margaret Simok Subject: Prokop and Taylor Avery I will have Gil call Deb to make arrangments and will inform him to mention both attorneys' names. In regards to Maryanne, what time frame would you like to have our clients contact and schedule with Maryanne? Are you thinking that they should contact her after something is scheduled with Deb and, if Maryanne would like to talk to them and get to know them before any issues have an opportunity to surface, schedule as soon as possible after the appointment(s) with Deb? I just want to make sure we are on the same page on this before I direct my client to contact Maryanne. I have no intent of sending Deb or Maryann the evaluation beforehand. With that said, I think that it should be completely up to Deb and Maryanne to decide what information may or may not assist them in serving in their respective roles. I too was pleased to see our clients positively interact and I too hope we had something to do with that. I understand you are in Court all morning. I am out of the office most of the morning, but will be in and out in the afternoon. Thanks, Liz No virus found in this incoming message. Checked by AVG - www.ava.com Version: 8.5.449 / Virus Database: 271.1.1/3432 - Release Date: 02/09/11 07:34:00 30 J AMY TAYLOR-AVERY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2008-5906 CIVIL ACTION LAW GILBERT E. PROKOP . Defendant IN CUSTODY ORDER OF COURT AND NOW, this 147t? day of FF.i/laJ? , 2011, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated December 29, 2009 is vacated and replaced with this Order. 2. The Mother, Amy Taylor-Avery, and the Father, Gilbert E. Prokop, shall have shared legal custody of Caroline Avery Prokop, born June 23, 2004, and Juliana Avery Prokop, born April 26, 2006. Major decisions concerning the Children including, but not necessarily limited to, their health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in each Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Children. Neither party shall attempt to alienate the affections of the Children from the other party. Each party shall notify the other of any activity or circumstance concerning the Children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 3. The parties shall continue to share having physical custody of the Children on an alternating weekly basis with the exchange to take place every Friday. During the school year, both parties shall pick up Caroline after school at Good Shepherd School and Juliana at either Good Shepherd or at the after school care provider at the end of the school day on their respective Fridays. During the summer school break, the Father shall pick up the Children on alternating Fridays at 5:30 p.m. at the Dairy Queen across from Good Shepherd School and the Mother shall pick up the Children during the interim Fridays between 5:00 p.m. and 5:30 p.m. at the daycare location specified by the Father. 3 4. The parties shall share having custody of the Children on Christmas as follows: In odd numbered years, the Mother shall have custody of the Children from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon and the Father shall have custody from Christmas Day at 12:00 noon through December 26 at 12:00 noon. In even numbered years, the Father shall have custody of P JI the Children from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon and the Mother shall have custody from Christmas Day at 12:00 noon through December 26 at 12:00 noon. 5. The parties shall engage in therapeutic family counseling with Deborah Salem, LPC CAC or Dr. Jose DeLarme as selected with the assistance of the parties' counsel. 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 Children. The parties shall follow the recommendations of the counselor with regard to the frequency and duration of the counseling. Any costs of the counseling which are not covered by insurance shall be shared equally between the parties. The parties shall schedule their initial appointments under this provision at the earliest available date for the professional or at least by March 1, 2011. 6. Maryann Murphy, Esquire is hereby appointed as Parent Coordinator for the parties for a term of 12 months from the date of this Order, or until the resignation of the Parent Coordinator or termination of the appointment by the Court whichever first occurs. Both parties shall cooperate with scheduling and shall not cancel appointments absent a true emergency. Any costs of parent coordination shall be equally divided between the parties, subject to reallocation by the Court in the event the Court determines such a reallocation is appropriate under the circumstances. The parties shall promptly sign Ms. Murphy's standard Parent Coordination Contract. References to the "Child" in the provisions herein regarding the terms of appointment shall be deemed to include either or both Children. 7. The Parent Coordinator shall attempt to resolve issues arising out of the existing Custody Order through facilitation, mediation, consultation, coaching and education. If it is apparent to the Parent Coordinator that continued similar efforts are unlikely to resolve the parenting conflict, the Parent Coordinator shall have the authority to resolve the dispute by providing a decision for the parties on the following issues: A. Dates, times, places and conditions for custody exchanges; B. Temporary variation from the schedule for a special event or particular circumstance; C. Minor adjustments to the physical custody schedule necessitated by the needs of the Child; D. School issues, apart from school selection; E. Child's participation in recreation, enrichment and extracurricular activities, programs and travel; F. Child care arrangements; G. Personal possessions of the Child; H. Behavioral management of the Child; 1. Information exchange and communication with or about the Child; J. Coordination of services for the Child including counseling, health or medication issues; K. Other related custody issues that the parties mutually agree, in writing, to submit to the Parent Coordinator. 8. The Parent Coordinator's role and authority shall not include the following: 3a A. A change in legal custody decision making authority; B. A change in primary physical custody; C. A change in the partial custody schedule that substantially reduces or expands the Child's time one or both parties; D. Relocation of the Child's residence which would render implementation of the current Custody Order impossible or impracticable; E. Determination of financial issues. 9. Prior to the Parent Coordinator making a decision or recommendation, the Parent Coordinator shall provide a notice and opportunity for each of the parties to be heard either in person or by other means as determined by the Parent Coordinator, unless exigent circumstances render contact with both parties impracticable or potentially dangerous to a party and or the Child. In the event a parent is given advance written notice of a session with the Parent Coordinator but does not attend or otherwise make arrangements to participate, the Parent Coordinator may make a decision despite that parent's absence. 10. The Parent Coordinator's decisions may be communicated to the parties orally, but shall be confirmed in writing as soon as practicable and filed in the Prothonotary's Office at the parties' above- captioned Custody Docket. Any communication from the Parent Coordinator to the Court shall be copied to the parties, or if represented, counsel. 11. The Parent Coordinator's decisions shall be binding upon the parties unless and until revised by Court Order. 12. Each party retains the right to petition the Court with regard to the conduct of the other party and any recommendations/decisions made by the Parent Coordinator. The parties shall have the right to rely upon recommendations/decisions made by the Parent Coordinator until such time as the Court enters any subsequent Order, with or without a hearing, regarding any issue raised by the parties. 13. Prior to filing any new motion, petition or complaint with the Court involving non- emergency custody or parenting of the Child within the scope of the Parent Coordinator's authority, the parties shall participate in at least two sessions with the Parent Coordinator to attempt resolution of the specified disputed issues. 14. Each party shall provide the Parent Coordinator with all information that the Parent Coordinator requests, including signed HIPAA releases and other forms requested. The Parent Coordinator is authorized to contact any professional or other individual (e.g. the Child, therapists, physicians, child care providers, teachers, family members, etc.) as the Parent Coordinator deems necessary. 15. The Parent Coordinator shall determine the protocol of all communications, interviews, and sessions, including who shall or may attend the sessions (including the Child), and whether the sessions will be conducted in person or by other means. 16. The Parent Coordinator may communicate with any party or their attorney in writing or verbally, if necessary, and shall advise all parties/attomeys of any such communications. Any party or attorney may communicate in writing with the Parent Coordinator for the Child, provided that copies 33 /I are provided to the other party or counsel simultaneously. Any communications between the parents, the parents' attorneys, and the Parent Coordinator shall not be deemed confidential, but shall be admissible in evidence at any proceeding held before the Court, subject to the Pennsylvania Rules of Evidence. 17. In accordance with Pa. R.Civ.P. §1915.17, the Court appointed Parent Coordinator is an officer of the Court, and has quasi-judicial immunity. 18. The Parent Coordinator cannot be compelled to testify in any proceeding absent a Court Order. 19. The parties shall contact the Parent Coordinator appointed herein on the earliest date that the Parent Coordinator is available or at the latest, by March 1, 2011 to initiate the process. 20. The Mother shall obtain a determination by a psychiatrist, who is not associated with the Mother's recent employers, as to whether mental health treatment is necessary. Thereafter, the Mother shall provide to the Parent Coordinator written documentation from the psychiatrist that treatment is not necessary or written documentation from the appropriate mental health professional providing treatment that the Mother is in general compliance with any treatment plan on a quarterly basis. 21. The requirement that the parties participate in therapeutic family counseling and the parent coordination process set forth in this Order shall supersede the prior Court Ordered conditions prohibiting contact between the parties. 22. The parties shall make arrangements for the Children to continue in counseling with Georgie Anderson and shall follow the recommendations of the Children's counselor. 23. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 24. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of the custody schedule set forth in this Order by agreement. In the absence of mutual consent, the terms of the custody schedule set forth in this Order shall control. Edward E. Guido J. cc: Elizabeth J. Saylor, Esquire - Counsel for Father Margaret M. Simok, Esquire - Counsel for Mother TRUE COpy.PwA R1~CORD to . Teeon*W whemd.-i hew urO OM nW hand ariflms"tlot!efQ'ONAA ? Fa. I: AMY TAYLOR-AVERY Plaintiff VS. GILBERT E. PROKOP Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-5906 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Caroline Avery Prokop June 23, 2004 Mother/Father Juliana Avery Prokop April 26, 2006 Father/Mother 2. A custody conciliation conference was held on Februar y 8, 2011, with the following individuals in attendance: the Mother, Amy Taylor-Avery, with her counsel, Margaret M. Simok, Esquire, and the Father, Gilbert E. Prokop, with his counsel, Elizabeth J. Saylor, Esquire. 3. Evidencing their intention and desire to reduce family conflict and establish an effective co- parenting relationship for the benefit of their Children, the parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator Iss From: Margaret M. Simok [mailto:msimok@cognettilaw.com] Sent: Wednesday, February 16, 20119:01 AM To: 'Liz Saylor' Subject: Prokop v. Taylor-Avery Attorney Saylor, Upon receipt of the Order I contacted Attorney Sunday to advise her that we had not and would not agree to numerous provisions in the Order in regards to what the PC could and would be doing. She asked that I speak with you and if we could agree, she would revise the Order. I would like to speak with you this morning about those issues to avoid the need to file with the court. I have a 9:15 client meeting that should last no more than and hour. Peggy Margaret M. Simok, Esquire MARIA P. COGNETTI & ASSOCIATES 210 Grandview Avenue, Ste 102 Camp Hill, PA 17011 Telephone: 717.909.4060 Fax: 717.909.4068 Email: msimok(a.)cognettilaw.com The information is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please reply to the sender that you have received the message in error, and then delete it. Thank you for your cooperation. IRS Circular 230 Disclosure: To comply with certain U.S. Treasury regulations, we inform you that, unless expressly stated otherwise, any U.S. federal tax advice contained in this communication, including attachments, was not intended or written to be used, and cannot be used, by any taxpayer for the purpose of avoiding any penalties that may be imposed on such taxpayer by the Internal Revenue Service. In addition, if any such tax advice is used or referred to by other parties in promoting, marketing or recommending any partnership or other entity, investment plan or arrangement, then (i) the advice should be construed as written in connection with the promotion or marketing by others of the transaction(s) or matter(s) addressed in this communication and (ii) the taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. Although we have made every effort to safeguard this e-mail and any attachments against viruses, there is no guarantee that this message is virus free. It is the recipient's responsibility to protect against viruses and other defects that may result from the opening of this e-mail or any attachments hereto. No virus found in this incoming message. Checked by AVG - www.avq.com Version: 8.5.449 / Virus Database: 271.1.1/3447 - Release Date: 02/16/11 07:34:00 0 ,3 G 02/16/2011 1_3:18 FAX 717 909 4068 MARIA P COGNETTI MARU P'. C oGNF,= & Assocuns Attorneys & Counselors at Law 210 Grandview Avenue, Suite 102 ? Camp Hill, PA 17011 Telephone (717) 9094060 ? Fax (717) 909-4068 Maria P. Cognetti* Practice Limited to Matrimonial Law Attorney at law *Fellow, American Academy of Matrimonial Lawyers Fellow, International Academy of Matrimonial Lawyers February 16, 2011 VIA FACSIMILE AND REGULAR MAIL FAX NO. 717-795-7280 Dawn S. Sunday, Esquire 39 West Main Street Mechanicsburg, PA 17055 RE. TAYLOR AVERY v. PROSOP Our File No. 878 Dear Attorney Sunday: Z002/003 Margaret M. Simok Attorney at Law Karen A. Sheriff Paralegal As a follow-up to our telephone conversation of February 15, 2011, I am writing to voice my concerns about the numerous paragraphs in the Order of February 14, 2011, for the above- noted parties, that were never discussed or agreed to at the Custody Conference. Most glaring are the restrictive, all-inclusive rights given to the Parent Coordinator that the clients never, I repeat never, agreed to at the conference. Specifically, paragraphs 7 through 16 should be deleted and replaced with a paragraph that merely states the parties agree to the appointment of Maryann Murphy, Esquire; as a Parent Coordinator and will reach agreement on the specific involvement with Maryann Murphy at their meetings with Ms. Murphy. Secondly, paragraph 19 states that the parties shall contact the Parent Coordinator on or before March 1, 2011. This is in direct conflict with the agreement at the Custody Conference that they would contact the Parent Coordinator after they began their sessions with the party performing therapeutic family counseling. Paragraph 20 was never agreed to. In fact, the agreement at the Custody Conference was that Mother would obtain a psychiatric determination as to treatment and the attorneys would be provided with the information. It was never agreed that any such document would be provided to a Parent Coordinator, and as such, I see no reason for that to ever happen. n 3l 02/16/2011 13:18 FAX 717 909 4068 MARIA P COGNEM IM003/003 Dawn S. Sunday, Esquire February 16, 2011 Page 2 I am copying Attorney Saylor on this letter and have asked her via telephone and e-mail messages if she and I could discuss the matters in controversy. If you will not agree to amend the Order to correctly reflect the parties' agreement at the conference, and acknowledge such agreement in writing on or before February 18, 2011, I will be compelled to file a Motion to Vacate the Order. Very truly yours, Margaret M. Simok MMS/lb cc: Elizabeth J. Saylor, Esquire (via facsimile and regular mail) Amy Taylor-Avery 28 LAW OFFICES OF PETER J.RUS SO P.c. PETER 1. RUSSO. ESQUIRE ATTORNEYS AT LAW ASHLEY R. SIPS. PARALEGAL Thursday,, February 17, 2011 Margaret M. Simok, Esquire Maria P. Cognetti &. Associates 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 RE: Taylor-Avery v. Prokop Dear Attorney Simok, ELIZABETH 1. SAYLOR. ESQUIRE AMBER L. SOUTHARD. PARALEGAL VIA FAX I am in receipt of your letter addressed to Attorney Sunday that you copied me on. Please note that I was not surprised by the Order and believe that it is reflective of what was agreed to at the Conciliation. First, as for the Parenting Coordinator (PC) paragraphs in the Order that you allege were never agreed to, please recall that Attorney Sunday actually read the last PC Order she had drafted word for word to both of us. We were to discuss this with our clients prior to bringing them back into the room. Upon our clients then accompanying us into the conference room, Attorney Sunday reviewed what the PC could and could not do with our clients. Everybody agreed and nobody asked any further questions. Second, as for the March 1, 2011 date, there was a loose conversation in this regard with multiple suggestions thrown about. We agreed that the parties should begin with the counselor and the PC as soon as possible. We also agreed that they should first schedule with Deb Salem and then schedule with the PC. We were throwing around different deadline dates in this regard, and at one point you even called Deb Salem via your cell phone in attempt to gain information as to her availability. The intent was simply to move the parties forward with both professionals, in good faith and without delay, with Deb Salem being first. It is my understanding that my client has an appointment with Deb Salem on or about March 8, 2011. Thus, my client will agree to amend this date to April 1, 2011. Third, as for the psychiatric determination/compliance, you voiced your concern in regards to confidential medical information being exchanged. I indicated that 1) the treating mental health professional could not be associated with your client's recent employers and 2) that I was fine with said professional supplying counsel or even the PC with a simple compliance letter on a quarterly basis. Everybody agreed that they were fine with this. Thus, my client has no issues with the mental health professional, or if he/she is unwilling Ms. Avery Taylor, providing written documentation from the psychiatrist that treatment is not necessary or written documentation from the appropriate mental health professional providing treatment that Mother is in general compliance with any treatment plan on a quarterly basis. 5006 EAST TRINDLE ROAD. SUITE 100. MECHANICSBURG. PA 17050 PHONE: (717) 591-1755 FAX: (717) 591-1756 '3 7 Last, enclosed please find the PC agreement executed by my client. Kindly have your client sign the agreement and forward the original to Attorney Murphy and forward me a copy. Truly, /Qzn Elizabeth J. Saylor, Esquire Enclosure EJS/ann cc: Dawn Sunday, Esquire (w/o encl.) G. Prokop (w/o encl.) y0 From: Margaret M. Simok [mailto:msimokCabcognettilaw.coml Sent: Monday, February 21, 20117:00 PM To: Isaylor pjrlaw.com; DSSunday@aol.com Cc: 'Amy Taylor Avery' Subject: Motion to Vacate - Taylor-Avery v. Prokop Ladies, I am preparing to file the Motion to Vacate the Order of February 14, 2011. I will state that neither of you concur with my Motion unless I hear otherwise since I have received no response to my letter of last week. Margaret M. Simok, Esquire MARIA P. COGNETTI & ASSOCIATES 210 Grandview Avenue, Ste 102 Camp Hill, PA 17011 Telephone: 717.909.4060 Fax: 717.909.4068 Email: msimok cognettilaw.com The information is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please reply to the sender that you have received the message in error, and then delete it. Thank you for your cooperation. IRS Circular 230 Disclosure: To comply with certain U.S. Treasury regulations, we inform you that, unless expressly stated otherwise, any U.S. federal tax advice contained in this communication, including attachments, was not intended or written to be used, and cannot be used, by any taxpayer for the purpose of avoiding any penalties that may be imposed on such taxpayer by the Internal Revenue Service. In addition, if any such tax advice is used or referred to by other parties in promoting, marketing or recommending any partnership or other entity, investment plan or arrangement, then (i) the advice should be construed as written in connection with the promotion or marketing by others of the transaction(s) or matter(s) addressed in this communication and (ii) the taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. Although we have made every effort to safeguard this e-mail and any attachments against viruses, there is no guarantee that this message is virus free. It is the recipient's responsibility to protect against viruses and other defects that may result from the opening of this e-mail or any attachments hereto. No virus found in this incoming message. Checked by AVG - www.avq.com Version: 8.5.449 / Virus Database: 271.1.1/3459 - Release Date: 02/22/11 07:34:00 T y, From: DSSunday aol.com jmailto:DSSunday(abaol.coml Sent: Tuesday, February 22, 20119:29 AM To: msimok cognettilaw.com; Isaylor@pjrlaw.com Cc: ata.edm(@gmail.com Subject: Re: Motion to Vacate - Taylor-Avery v. Prokop As I am not representing a party, I do not believe my concurrence is relevant. I would just reiterate two points from our telephone conversation last week. First, I believe the concerns you raised could be fairly easily resolved by agreement between counsel and second, I would be happy to submit an amended order reflecting any agreements to modify the original recommended order. Without an agreement, I cannot make any changes to the order which I believe reflect the agreements reached at the conciliation conference. I wish you had raised any concerns at the time I got the PC appointment order from my office and read it to you and Liz so that we could have discussed them when we were all together. I reread just the two provisions related to the role of the PC when the parties rejoined us. This is a fairly new option (appointment of a PC) and so still a learning experience. From now on, I think I will print and hand out copies of the appointment order at the conference when the option is under consideration rather than just reading it. I hope you and Liz have at least made an attempt to address the concerns by agreement. Otherwise, Judge Guido will take care of it when you file your motion. U y;I- From: Liz Saylor [maiIto: lsaylor@pjrlaw.coml Sent: Tuesday, February 22, 201111:08 AM To: DSSunday(a)aol.com: msimok@cognettilaw.com Subject: RE: Motion to Vacate - Taylor-Avery v. Prokop Ladies - I am confused as to Peg stating "I have received no response to my letter of last week." I sent the attached letter last week via fax and mail to Peg and via mail to Dawn. Thanks, Liz LAW OFFICES O PETER J.Russopc Elizabeth J. Saylor, Esquire Law Offices of Peter J. Russo, P.C. 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 PH: 717-591-1755 x 104 FX: 717-591-1756 V y3 From: Margaret M. Simok [mailto:msimok@cognettilaw.coml Sent: Wednesday, February 23, 20118:44 AM To: 'Liz Saylor'; DSSunday0aol.com Subject: RE: Motion to Vacate - Taylor-Avery v. Prokop Attorney, Sorry to say but I never received a fax copy of your February 17, 2011 letter. I did receive the mailed copy on February 22 at 6:30 pm as there was no mail on Monday and I had a trial all day Tuesday in Franklin County. I do not believe that Dawn Sunday read anything but the list of issues that the PC could and could not address to counsel or the parties. There was no reading of the terms contained in paragraphs nine through nineteen. We may have discussed some of the processes in a few of those, but they were not read or agreed to as then placed in the order. I will discuss the April 1, 2011, date with my client in regards to Deb Salem. We will not supply a PC with medical information nor will I ask my client to sign Ms. Murphy's agreement as it far too far- reaching for a parent coordinator who is to resolve minor parenting issues at the parties' requests. If we can agree to terms in the Order that allow the parties and Maryann to be a PC and no more, we can move forward. Margaret M. Simok, Esquire MARIA P. COGNETTI & ASSOCIATES 210 Grandview Avenue, Ste 102 Camp Hill, PA 17011 Telephone: 717.909.4060 Fax: 717.909.4068 Email: msimok cognettilaw.com The information is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please reply to the sender that you have received the message in error, and then delete it. Thank you for your cooperation. IRS Circular 230 Disclosure: To comply with certain U.S. Treasury regulations, we inform you that, unless expressly stated otherwise, any U.S. federal tax advice contained in this communication, including attachments, was not intended or written to be used, and cannot be used, by any taxpayer for the purpose of avoiding any penalties that may be imposed on such taxpayer by the Internal Revenue Service. In addition, if any such tax advice is used or referred to by other parties in promoting, marketing or recommending any partnership or other entity, investment plan or arrangement, then (i) the advice should be construed as written in connection with the promotion or marketing by others of the transaction(s) or matter(s) addressed in this communication and (ii) the taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. Although we have made every effort to safeguard this e-mail and any attachments against viruses, there is no guarantee that this message is virus free. It is the recipient's responsibility to protect against viruses and other defects that may result from the opening of this e-mail or any attachments hereto. 0 MARYANN MURPHY, ESQUIRE 39 West Main Street Mechanicsburg, PA 17055 (717) 730-0422 PARENTING COORDINATOR AGREEMENT We, Amy Taylor Avery and Gilbert Prokop have entered into an agreement with Maryann Murphy, Esquire to serve as a Parenting Coordinator for us and our child(ren), Gwl-Lx Ja 1 i ct-m We agree that this agreement shall serve as a binding contract. 1. We understand that it is in the chiid(ren)'s best interests when parents do not engage in conflict. To that end, we will attempt to resolve our issues in a mutually satisfactory manner between ourselves whenever possible. If issues cannot be resolved between us, either one of us may request the assistance of the Parenting Coordinator. The Parenting Coordinator shall attempt to resolve issues arising out of the existing Custody Order through facilitation, mediation, consultation, coaching and education, all of which are non-decision-making functions. We understand that if the Parenting Coordinator believes that these efforts are unlikely to resolve the conflict, the Parenting Coordinator shall make a binding decision for the parents. 2. The following issues may be submitted to the Parenting Coordinator for resolution: • Dates, times, places and conditions for custody transfers; • Temporary variation from the schedule for a special event or particular circumstance; • Minor adjustments to the physical custody schedule necessitated by the needs of the child(ren); • School issues, apart from school selection; • Child(ren)'s participation in recreation, enrichment and extracurricular activities, programs and travel; • Childcare arrangements; • Personal possessions of the child(ren); • Behavioral management of the child(ren); • Information exchange and communication with or about the child(ren); • Coordination of services for the child(ren) including counseling, health or medication issues; • Other related custody issues as the parents mutually agree, in writing, to submit to the Parenting Coordinator. ?Aj y5 3. The following issues are specifically excluded from the Parenting Coordinator's role and decision-malting authority: • A change in legal custody; • A change in primary physical custody; • A change in the partial custody schedule that substantially reduces or expands the child(ren)'s time with one or both parents; • Relocation of the child(ren)'s residence which would render implementation of the current Custody Order impossible or impracticable; • Determination of financial issues. 4. We understand that we may mutually agree, in writing, to submit any of the excluded issues set forth above to the Parenting Coordinator for her facilitation and recommendation. We further understand that any such recommendations shall be non-binding unless the parents otherwise agree and enter their agreement as an Order of Court. 5. We understand that the Parenting Coordinator does not function as a psychotherapist, counselor, attorney or advocate for the parents, children or family. The Parenting Coordinator shall facilitate communication and agreements by the parents whenever possible and shall always act in a manner conducive to the best interests of the child(ren). 6. The Parenting Coordinator shall determine the protocol for all communications, interviews and sessions, including who shall or may attend the sessions, and whether the sessions will be conducted in person or by other means. Appointments or telephone contacts with the Parenting Coordinator may be scheduled at the request of either parent or of the Parenting Coordinator. All parties agree to make a good faith effort to be available when contacts are requested. 7. We agree to provide the Parenting Coordinator with all information that the Parent Coordinator requests, including signed HIPAA releases and other necessary authorizations for the release of requested information. The Parenting Coordinator is authorized to contact any professional or other individual (ex. the child(ren), therapists, physicians, childcare providers, teachers, family members, etc.) as the .Parenting Coordinator deems necessary. The Parenting Coordinator shall notify the parents prior to such third-party contact. 8. Prior to the Parenting Coordinator's malting a decision, the Parenting Coordinator shall provide notice and opportunity for each of the parents to be heard, either in person or by other means, as determined by the Parenting Coordinator, unless exigent circumstances render contact with both parents impracticable or potentially dangerous to the other parent and/or the welfare of the child(ren). In the event a parent is given advance notice of a session with the Parenting Coordinator but does not attend or otherwise make arrangements to y6 participate, the Parenting Coordinator may make a decision despite that parent's absence. 9. The Parenting Coordinator's decisions may be communicated to the parents orally but shall be confirmed in writing as soon as practicable and filed in the Office of the Prothonotary to the parties' Custody docket. Any communication from the Parenting Coordinator to the Court shall be copied to the parents or their attorneys if they are represented by counsel. The decisions of the Parenting Coordinator shall be binding on the parents until either parent brings the case back to Court and the Court enters an Order terminating or modifying the Parenting Coordinator's decision. io. We understand that the Parenting Coordinator's work with the family is not confidential. She may share information between us. The Parenting Coordinator may also disclose information when she has a reasonable suspicion that a child may be subject to neglect or abuse; if either of us or another person may be subject to bodily harm; or if she learns either of us may intend to commit a felony. The parents and their attorneys shall have the right to initiate or receive oral ex parte communication with the Parenting Coordinator as long as the communication is provided to the other parent. Either parent or attorney may communicate in writing with the Parenting Coordinator with a copy sent to the other parent simultaneously. Any documents, etc. which one parent gives to the Parenting Coordinator shall also be provided to the other parent. Zi. Maryann Murphy's role as Parenting Coordinator may be terminated by written agreement of both parents; however, if a Court appointment is in effect, it shall be the responsibility of the parents to have the Court vacate the appointment. If one parent wishes to terminate the services of the Parenting Coordinator and the other parent does not agree, an Order of Court is required to remove her. 12. If the Parenting Coordinator deems herself no longer able to work with either parent in an unbiased or productive manner, then she shall provide each parent with thirty days (3o) written notice and she shall notify the Court and request that the appointment be vacated. In that event the Parenting Coordinator may suggest the names of potential Parenting Coordinators to the parents. 13. We understand that the Court-appointed Parenting Coordinator is an officer of the Court and has quasi-judicial immunity. 14. We understand that the Parenting Coordinator cannot be compelled to testify in any proceeding without a Court Order. FEE ARRANGEMENTS 1. We agree to pay the Parenting Coordinator at the rate of $1oo.oo per hour, with each parent paying fifty percent (50%) of all charges. Charges shall V. 7 include, but not be limited to: time spent reviewing documents; participating in sessions; phone conferences; telephone, mail or electronic communications with parents, attorneys and necessary third parties; and preparation of decisions or other documents. 2. Upon signing this contract, the parents shall provide a retainer in the amount of $1,ooo.oo to the Parenting Coordinator, with each parent paying one- half ($500.00). Itemized statements shall be provided to the parents with the costs deducted from the retainer. When the account falls below $5oo.oo, the Parenting Coordinator may request an additional retainer. At the end of the Parenting Coordinator process, any amounts remaining in the retainer account shall be returned to the parents equally. 3. We understand that if a session is cancelled with less than 24 hours notice, a fee may be charged commensurate with the amount of time scheduled for that day. If one of us fails to attend a scheduled session, that parent shall be responsible for the entire cost of the scheduled time. We have read the above contract and have had the opportunity to discuss it with our attorneys. We enter this contract with the full understanding that if we cannot resolve conflicts between ourselves, Maryann Murphy, Esquire will have the right to make binding decisions that will affect us and our child(ren). t Amy Taylor Avery, Mother Gilbert Prokop,`Faffier` V 2ro t 7.1114 Date Date Maryann Murphy, Esquire Parenting Coordinator 7 LJO U From: Margaret M. Simok fmaiIto: msimok@)coonettilaw.com] Sent: Monday, February 21, 20113:49 PM To: MaryannMurphyEsg0)aol.com Cc: Isaylor(ftjrlaw.com; 'Amy Taylor Avery' Subject: RE: Amy Avery and Gilbert Prokop Maryann, The Order does NOT reflect what the clients agreed to at the conference. They were to begin with Deb Salem before starting with a parent coordinator. I will be filing to have this corrected along with other issues. I have notified Dawn Sunday, Esquire, of our many concerns. Additionally, I have reviewed your agreement and will not agree to have my client sign in its present form. We can discuss once the Order accurately reflects the parties' agreement. I did copy Attorney Saylor on my letter to Attorney Sunday on the problems with the Order but have not heard from either attorney. Margaret M. Simok, Esquire MARIA P. COGNETTI & ASSOCIATES 210 Grandview Avenue, Ste 102 Camp Hill, PA 17011 Telephone: 717.909.4060 Fax: 717.909.4068 Email: msimok(d)cognettilaw. com The information is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please reply to the sender that you have received the message in error, and then delete it. Thank you for your cooperation. IRS Circular 230 Disclosure: To comply with certain U.S. Treasury regulations, we inform you that, unless expressly stated otherwise, any U.S. federal tax advice contained in this communication, including attachments, was not intended or written to be used, and cannot be used, by any taxpayer for the purpose of avoiding any penalties that may be imposed on such taxpayer by the Internal Revenue Service. In addition, if any such tax advice is used or referred to by other parties in promoting, marketing or recommending any partnership or other entity, investment plan or arrangement, then (i) the advice should be construed as written in connection with the promotion or marketing by others of the transaction(s) or matter(s) addressed in this communication and (ii) the taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. Although we have made every effort to safeguard this e-mail and any attachments against viruses, there is no guarantee that this message is virus free. It is the recipient's responsibility to protect against viruses and other defects that may result from the opening of this e-mail or any attachments hereto. x 1'9 From: MaryannMurphyEsq@aol.com jmailto:MaryannMurphyEsq@aol.com] Sent: Monday, February 21, 20112:53 PM To: Isavlor ftjrlaw.com; msimok@cognettilaw.com Subject: Amy Avery and Gilbert Prokop Hi Peg and Liz. I had a message from Gilbert Prokop saying he has the custody order and wanting me to schedule an appointment. Have the parents signed my agreement? If not, I can have them do that when they first come in. Would one of you be able to either fax or scan and e-mail me the Order? I'd like to see it before I meet with the parents. Thank you. Maryann Murphy Attorney-at-Law 39 West Main Street Mechanicsburg, PA 17055 phone (717) 730-0422 fax (717) 730-0421 e-mail MaryannMurphyEsg(c-)AOL.com No virus found in this incoming message. Checked by AVG - yvww.avg.com Version: 8.5.449 / Virus Database: 271.1.1/3457 - Release Date: 02/21/11 08:05:00 50 From: Liz Saylor Finailto1saylor pirlaw.coml Sent: Wednesday, February 23, 20119:59 AM To: 'Margaret M. Simok'; DSSunday aol.com Subject: RE: Motion to Vacate - Taylor-Avery v. Prokop Peg- I have no idea what you mean by "if we can agree to terms in the Order that allow the parties and Maryann to be a PC and no more." While you clearly remember the conciliation differently than I do, you have acknowledged recalling Dawn reading the last Order she created, inclusive of the PC's powers, which were again reviewed with our clients in the room. Setting aside our different recollections as to what specifically was or was not discussed, it was very clear that the Order would, like the Order read to us, specifically set forth the PC's powers. Thus, please: 1. Using the current Order, provide a proposed Order, so I know exactly what you believe was agreed to as to the PC's powers; and 2. Using Maryann's proposed PC Agreement, provide a proposed PC Agreement, so, again, I know exactly what your intent is as to the PC. Liz LAW OFFICES OF PETER J.RUSSOP(. Elizabeth J. Saylor, Esquire Law Offices of Peter J. Russo, P.C. 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 PH: 717-591-1755 x 104 FX: 717-591-1756 y 51 From: Margaret M. Simok [mailto:msimok0cognetdlaw.com] Sent: Thursday, February 24, 20114:30 PM To: 'Liz Saylor' Cc: ata.edrn(a)gmail.com; DSSunday@aol.com Subject: Attached letter on Proposed Changes to Custody Order Attorney Saylor, Attached is a letter, that will also be transmitted via facsimile tomorrow, that outlines what we believe should be changed in the custody order. I await your comments on this and the proposed changes in the Parent Coordinator agreement. Margaret M. Simok, Esquire MARIA P. COGNETTI & ASSOCIATES 210 Grandview Avenue, Sts 102 Camp Hill, PA 17011 Telephone: 717.909.4060 Fax: 717.909.4068 Email: msimok@cognettilaw.com The information is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please reply to the sender that you have received the message in error, and then delete it. Thank you for your cooperation. IRS Circular 230 Disclosure: To comply with certain U.S. Treasury regulations, we inform you that, unless expressly stated otherwise, any U.S. federal tax advice contained in this communication, including attachments, was not intended or written to be used, and cannot be used, by any taxpayer for the purpose of avoiding any penalties that may be imposed on such taxpayer by the Internal Revenue Service. In addition," if any such tax advice is used or referred to by other parties in promoting, marketing or recommending any partnership or other entity, investment plan or arrangement, then (i) the advice should be construed as written in connection with the promotion or marketing by others of the transaction(s) or matter(s) addressed in this communication and (ii) the taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. Although we have made every effort to safeguard this e-mail and any attachments against viruses, there is no guarantee that this message is virus free. It is the recipient's responsibility to protect against viruses and other defects that may result from the opening of this e-mail or any attachments hereto. No virus found in this incoming message. Checked by AVG - www.avo.com Version: 8.5.449 / Virus Database: 271.1.1/3465 - Release Date: 02/24/11 07:34:00 NMAwA P. CoGNETn & A,ssocIATEs Attorneys & Counselors at Law Maria P. Copetti* Attorney at Law *Fellow, American Academy of Matrimonial Lawyers Fellow, International Academy of Matrimonial Lawyers 210 Grandview Avenue, Suite 102 ?Camp Hill, PA 17011 Telephone (717) 909-4060 ? Fax (717) 909-0068 Practice Limited to Matrimonial Law Margaret M. Simok Attorney at Law Karen A. Sheriff Paralegal February 24, 2011 TRANSMITTED VIA ELECTRONIC MAIL AND FACSIMILE FAX NO. (717) 591-1756 Elizabeth J. Saylor, Esquire Law Offices of Peter J. Russo, P.C. 5006 East Trindle Road Suite 100 Mechanicsburg, PA 17050 RE: TAYLOR AVERY v. PROKOP Our File No. 878 Dear Attorney Saylor: Relative to the Order of Court, dated February 14, 2011, my comments and suggestion for changes are as follows: In paragraph 5, I believe the language should say "... the parties agree to engage in therapeutic family counseling with Deborah Salem." We can remove Dr. Jose DeLerme, as we know that the parties have selected Deborah Salem. Additionally, the date in the final sentence in should be changed to April 1, 2011, as you have suggested. 2) With regard to paragraph 6, it should be stated that the parties agree to see Maryanne Murphy as Parenting Coordinator. It is important to both parties that we establish that they are seeing a Parent Coordinator by agreement and not by court Order. 3.) In paragraph 10 we might want to protect our parties and add the Parenting Coordinator's decisions "... on the issues stated in paragraph 7." 4) In paragraph 11, to protect our clients, we should include the Parenting Coordinator's decisions " on issues stated in t)araparanh 7." 53 Elizabeth J. Saylor, Esquire February 24, 2011 Page 2 5) Paragraph 13 needs to be deleted in its entirety, in order to allow our clients the right to manage their own custody situation without having to first pay a Parenting Coordinator. 6.) In regards to paragraph 14, it needs to be changed to read, if the parties agree, they will provide the Parenting Coordinator with additional information. It is my contention that the Parenting Coordinator is neither a therapist, nor a healthcare professional and as such, should not need such information, unless both parties agree that it is relative to a particular issue in their custody situation. 7.) Paragraph 15 needs to be deleted in its entirety; otherwise we could have a Parenting Coordinator requiring appointments for our clients when they don't even request them. 8.) Paragraph 19 needs to be changed, pursuant to our agreement at the conference that the parties shall contact the Parenting Coordinator after they have begun their sessions with the therapeutic family counselor. If you wish to make it no later than May 1, 2011, I have no problem, but it was my understanding that we were going to start one process before we started the other. 9.) In paragraph 20, since we did not agree that Mother would provide any sort of psychiatric determination to a Parenting Coordinator, that information is only to be provided to me and I will forward same to you. There is absolutely no reason for the Parenting Coordinator to be involved in such issues between the two parents. I will await your response on both the proposed agreement with Attorney Murphy and the proposed changes to the Order. I really would like to resolve these issues amicably. Very truly yours, ff \-S? Margaret . Simok MMS/lb cc: Amy Taylor-Avery (via electronic mail) 5Y From: Margaret M. Simok rmailto:msimok(&mgnettilaw.com1 Sent: Thursday, February 24, 20114:03 PM To: 'Liz Saylor' Cc: ata.edrnCaligmail.com Subject: Proposed Parent Coordinator Agreement Attorney Saylor, Attached is the proposed Parent Coordinator agreement I suggest our parties enter into with Maryann Murphy. Because the Parent Coordinator was not court appointed but agreed to by the parties, much of what is in Maryann's agreement should not apply. I look forward to hearing from you on this. I will also be forwarding a letter with suggested proposed changes to the Order so that we can settle without my filing to ask to have to order vacated. It would be helpful if we could speak about all of this, but your refusal to do so is being honored. Margaret M. Simok, Esquire MARIA P. COGNETTI & ASSOCIATES 210 Grandview Avenue, Ste 102 Camp Hill, PA 17011 Telephone: 717.909.4060 Fax: 717.909.4068 Email: msimok@cmnettilaw.com The information is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please reply to the sender that you have received the message in error, and then delete it. Thank you for your cooperation. IRS Circular 230 Disclosure: To comply with certain U.S. Treasury regulations, we inform you that, unless expressly stated otherwise, any U.S. federal tax advice contained in this communication, including attachments, was not intended or written to be used, and cannot be used, by any taxpayer for the purpose of avoiding any penalties that may be imposed on such taxpayer by the Internal Revenue Service. In addition, N any such tax advice is used or referred to by other parties in promoting, marketing or recommending any partnership or other entity, investment plan or arrangement, then (1) the advice should be construed as written in connection with the promotion or marketing by others of the transaction(s) or matter(s) addressed in this communication and (ii) the taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. Although we have made every effort to safeguard this e-mail and any attachments against viruses, there is no guarantee that this message is virus free. It is the recipients responsibility to protect against viruses and other defects that may result from the opening of this e-mail or any attachments hereto. No virus found in this incoming message. Checked by AVG - www.ava.com Version: 8.5.449 / Virus Database: 271.1.1/3465 - Release Date: 02/24/11 07:34:00 A 76c 55 REVISED PARENTING COORDINATOR AGREEMENT And we, and have entered into an agreement with Maryanne Murphy, Esquire, to serve as Parenting Coordinator for us and our children, We agree that this agreement shall serve as a binding contract. 1. We understand that it is in the children's best interest when parents do not engage in conflict. To that end, we will attempt to resolve our issues as stated below in paragraph two (2), in a mutually satisfactory manner between ourselves whenever possible. If the issues cannot be resolved between us, either one of us may request the assistance of the Parenting Coordinator.. The Parenting Coordinator shall attempt to resolve issues arising out of the existing Custody Order through facilitation, mediation and consultation, all of which are non-decision-making functions. 2. The following issues may be submitted to the Parenting Coordinator for resolution: • Date, times, places and conditions for custody transfer; • Temporary variation from the schedule for a special event or particular circumstance; • Minor adjustments to the physical custody schedule necessitated by the needs of the children; • School issues, apart from school selection; • Children's participation in recreation, enrichment and extracurricular activities, programs and travel; • Childcare arrangements; • Personal possessions of the children; • Behavioral management of the children; • Information exchange and communications with or about the children. 3. The following issues are specifically excluded from the Parenting Coordinator's role and decision-making authority: • A change in legal custody; • A change in primary physical custody; • A change in the partial physical custody schedule that substantially reduces or expands the children's time with one or both parents; • Relocation of the children's residence; • Determination of financial issues. 4. We understand the Parenting Coordinator does not function as a psychotherapist, counselor, attorney or advocate for the parents, children or family. The Parenting Coordinator shall facilitate communication and agreements by the parents 5( whenever possible and shall always act in a manor conducive to the best interest of the children. 5. The Parenting Coordinator is NOT able to change any portion of the Custody Order or offer any type of recommendation to the Court regarding custody. This includes both legal and physical custody. The Order which is presented at the time of the first session shall be the governing Order until further order of Court. 6. The Parenting Coordinator's sessions shall begin with an intake session with each party; however, the overall schedule regarding the necessity of additional sessions shall be as the parties may request such sessions. These sessions may include meetings with the children or any other persons the Parenting Coordinator deems appropriate to address the concerns of the parties. 7. Where there are additional difficulties which emerge during the session, parties are encouraged to instruct or indicate these difficulties to the Parenting Coordinator, as these may be issues which require additional sessions in order to avoid future conflict. 8. The Parenting Coordinator is a mandated reporter. As such, the Parenting Coordinator must report any suspected abuse or neglect of the child and any threats of harm to self/another/property/parent/third party. 9. We understand that the Parenting Coordinator's work with the family is not confidential. She may share information between the parties. The Parenting Coordinator may also disclose information as noted in the above paragraph eight (8). The parents and their attorneys shall have the right to initiate or receive oral communication with the Parenting Coordinator only by conference call with all parties. Either parent or attorney may communicate in writing with the Parenting Coordinator, with a copy of correspondence sent to the other parent or other attorney. Any documents which one parent gives to the Parenting Coordinator shall also be provided to the other parent. 10. The Parenting Coordinator's role may be terminated by written agreement of both parties; however, if a Court appointment is in effect other than by agreement of the parties, it shall be the responsibility of the parents to have the Court vacate the appointment. If one parent wishes to terminate the services of the Parenting Coordinator and the other parent does not agree, an Order of Court is required to remove the Parenting Coordinator. 11. If the Parenting Coordinator deems herself no longer able to work with either parent in an unbiased or productive manner, then she shall provide each parent with thirty (30) days written notice and she shall notify the Court and request that the appointment be vacated. 12. We understand that the Parenting Coordinator cannot be compelled to testify at any proceedings without a Court Order. 57 FEE ARRANGEMENTS 1. We agree to pay the Parenting Coordinator at a rate of One Hundred Dollars ($100.00) per hour, with each parent paying fifty percent (50%) of all charges. Charges shall include, but not be limited to, time spent reviewing documents if requested by the parties, participating in sessions as requested by the parties, phone conferences as requested by the parties, telephone, mail or electronic communications with either parent or attorneys as requested by either. parent. The Parenting Coordinator will also be compensated for preparations of decisions or other documents required by this agreement. The Parenting Coordinator will charge in six (6) minute increments for work performed. 2. Upon signing this contract, the parents shall provide a retainer in the amount of One Thousand Dollars ($1,000.00) to the Parenting Coordinator, with each parent paying Five Hundred Dollars ($500.00). Itemized statements shall be provided to both parents with the cost deducted from the retainer. When the total retainer falls below Five Hundred Dollars ($500.00), the Parenting Coordinator may request an additional retainer from each party. At the end of the Parenting Coordinator process, any amounts remaining in the retainer account shall be returned to the parents equally. 3. If one party continually cancels appointments, the Parenting Coordinator reserves the right to bill the regularly canceling parent for the sessions as a sign of noncompliance. This is at the discretion of the Parenting Coordinator. 4. Contact with the Parenting Coordinator must be done by both parents. Therefore, if one party would like to speak with the Parenting Coordinator, a time must be set up where both parents can participate in a conference call. No parent shall have individual access to the Parenting Coordinator without the opportunity for the non- requesting parent to participate. By signing the bottom of this document, I hereby agree to the provisions contained herein. • I agree that the Parenting Coordinator is not an ally of either parent or a custody evaluator. • I understand that these sessions are to discuss our children and not my children. • I agree that the sessions will be child focused, learning to look at my behaviors, taking accountability for them and learning how to remain focused on the children when making all decisions which will directly and indirectly affect our children. • I agree to participate fully in the parenting coordinating process and understand all the ramifications if I do not continue to participate. • I understand that the Parenting Coordinator selected by the parties is not an individual therapist. • I do understand that even though it is not a therapeutic environment, the sessions are to be a safe environment where both parents are to work 56 together to open lines of communication with the focus remaining on the best interests of the children. • Although the Parenting Coordinator will do her best to maintain the confidentiality of all sessions, the privilege of. confidentiality does not apply to our sessions. Parents should refer to the Court Order or to their respective counsel regarding confidentiality issues. Date Date Gilbert E. Prokop, Jr Amy Taylor-Avery 59 From: Liz Saylor [mailto:lsaylor ftjrlaw.com1 Sent: Monday, February 28, 20115:40 PM To: 'Margaret M. SimoW Cc: 'DSSunday@aol.com' Subject: Proposed Parent Coordinator Agreement Peg - I noticed the following conflicts in regards to your proposed order and proposed PC agreement: 1. Binding recommendations/decisions. a. Proposed Order. i. Par 7 is inclusive of "coaching and education," and the authority to resolve the dispute by providing a decision for the parties on the following issues... A through K (emphasis added). ii. Par 11, the PC's decisions "shall be binding upon the parties unless and until revised by Court Order." iii. Par 12, "Each party retains the right to petition the Court with regard to-any recommendation/decisions made by the PC. The parties shall have the right to rely upon recommendations/decisions made by the PC until such time as the Court enters any subsequent Order, with or without a hearing, regarding any issue raised by the parties." b. Proposed Agreement.. L The coaching and education, the authority to resolve the dispute by providing a decision, as well as (1) (coordination of services for the Child including counseling, health or medication issues and (K) (other related custody issues that the parties mutually agree, in writing, to submit to the PC) are absent. *Note: in the proposed order you request that Par 10 and 11 reference the powers in Par 7 (A-K), but the proposed agreement excludes J and K. ii. Most importantly, paragraph 5 states, "The [PC] is NOT able to change any portion of the Custody Order or offer any type of recommendation to the Court regarding custody. This includes both legal and physical custody. The Order which is presented at the time of the first session shall be the governing Order until further order of Court." iii. It additionally alters the language of the non inclusive powers (inserts the word "physical" and strikes relocation language.) 2. Communication. a. Proposed Order. i. Par 9 references the opportunity for each party to be heard as determined by the PC prior to the PC making a decision or recommendation. ii. Par 10 indicates that the PC's decision may be communicated orally, confirmed in writing, and communications from the PC to the Court shall be copied to the parties/counsel iii. (Par 15, you request to be deleted in its entirety; "otherwise we could have a [PC] requiring appointments for our clients when they don't even request them." Par 15 in the current Order states, "The [PC] shall determine the b b 60 protocol of all communications, interviews, and sessions, including who shall or may attend the sessions (including the Child), and whether the sessions will be conducted in person or by other means." iv. Par 16 indicates that the PC may communicate with any party or their attorney in writing or verbally, if necessary, and shall advise all parties/attorneys of any such communications..." b. Proposed Agreement. L Par. 9,10,15, and 16 of the proposed order (as indicated above) are absent from the proposed agreement. ii. Par 6 states that after the initial intake session, "the overall schedule regarding the necessity of additional sessions shall be as the parties may request such sessions. These sessions may include meetings with the children ...to address the concerns of the parties. (emphasis added). iii. Par 9 states "...The [PC] may also disclose information as noted in the above paragraph eight (8)," which references mandated reporting. "The parents and their attorneys shall have the right to initiate or receive oral communications with the PC only by conference call with all parties. Either parent or attorney may communicate in writing with the PC, with a copy of correspondence sent to the other parent or other attorney. Any documents which one parent give to the PC shall also be provided to the other parent." (Emphasis added). 3. Further clarification of PC's role. a. Proposed Order. L Par 20, you request be stricken alleging there was not agreement regarding psychiatric determination being shared with the PC, and you further state that "there is absolutely no reason for the PC to be involved in such issues between the two parents." (Emphasis added). ii. Par 6, you request that "hereby appointed" language regarding Maryanne Murphy, be replaced with language regarding the parties agreement, stating that "it is important to both parties that we establish that they are seeing a PC by agreement and not by court Order." iii. Par 17, "In accordance with Pa. R.Civ.P. section 1915.17, the Court appointed PC is an officer of the Court, and has quasi-judicial immunity." iv. Par 18, "The PC cannot be compelled to testify in any proceeding absent a Court Order." b. Proposed Agreement. L You include Par 18, but exclude Par 17. 1 note that Rule 1915.8(a) states, "The court may order the child(ren) and/or any party to submit to and fully participate in an evaluation by an appropriate expert or experts." Rule 1915.8(b) states, "Unless otherwise directed by the court, the expert shall deliver to the court, to the attorneys of record and to any unrepresented party, copies of any reports arising from the evaluation setting out the findings, results of all tests made, diagnosis and conclusions. No reports shall be filed of record or considered evidence unless and until admitted by the court." (Emphasis added). I believe that Dawn, as well as anyone appointed is an officer/arm of the Court and thus is entitled to the information. 6l Since your proposed agreement is far more limiting and in contradiction to the powers provided to the PC in your proposed order, my question is: Is it your intention to limit the PC's powers to what is in your proposed agreement? I did not want Dawn to be lost in this conversation so out of courtesy I did attach both your proposed order and your proposed PC agreement, as I noticed that you copied her on the email with the proposed order attached, but not the email with the proposed agreement attached. I also attached Maryann's original PC agreement, which is signed by my client. Liz LAW OFFICES O PETER j.RUSSOPc. Elizabeth J. Saylor, Esquire Law Offices of Peter J. Russo, P.C. 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 PH: 717-591-1755 x 104 FX:717-591-1756 6a From: Margaret M. Simok Tmailto:msimok(abcognettilaw.com] Sent: Thursday, March 03, 20119:32 AM To: 'Liz Saylor' Cc: ata.edrn(aDgmail.com Subject: Prokop and Taylor Avery Attorney Saylor, In response to you email of February 28: 1. a. i. If you wish to add J and K to PC agreement, that is okay. ii. Not sure what you are saying - could you explain why you merely cite part of paragraph 11 iii. Same as ii b. i. See a. i. ii. Agree (?) iii. And..... 2. a. i. PC should not be able to determine who is heard ...... the parties should request time with PC, especially since they are seeing by agreement and they are required to pay. ii. And..... iii. I know what is stated and I ask that it be deleted. iv. So maybe we delete paragraph 16 from the Order also 3. a. i. And..... ii-PC's can only be appointed if clients agree.....the court did not order they see as we had no hearing - they agreed so order should reflect what happened. iii. And.... iv. And..... 4. b. Maryann is not the Court or an expert in her role as PC.... so I strongly disagree. I have a real problem with the court Order being almost a mirror image of the PC's agreement. Not sure how this happens and it appears is not a standard practice in Cumberland County. The PC is to help with minor issues regarding custody if the parties request help. The PC is not to become the person to decide everything the happens within the family regardless of whether they ask for help or not. As an attorney, this PC has no medical or psychological training and should stay away from such matters. We have an Order that was to encompass what was agreed to at the conference BUT instead it covers everything that "someone" unilaterally believes a Parent Coordinator should be able to do and covers a multitude of issues that were never even raised at the conference. This is unfair to the clients and as Ms. Taylor-Avery's counsel, I am asking that the Order be what it should be when an agreement is reached, and nothing more. Again, your refusal to communicate other than in writing makes this a very difficult process. Margaret M. Simok, Esquire MARIA P. COGNETTI & ASSOCIATES 210 Grandview Avenue, Ste 102 63 Camp Hill, PA 17011 Telephone: 717.909.4060 Fax: 717.909.4068 Email: msimok .cognettilaw.com The information is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please reply to the sender that you have received the message in error, and then delete it. Thank you for your cooperation. IRS Circular 230 Disclosure: To comply with certain U.S. Treasury regulations, we inform you that, unless expressly stated otherwise, any U.S. federal tax advice contained in this communication, including attachments, was not intended or written to be used, and cannot be used, by any taxpayer for the purpose of avoiding any penalties that may be imposed on such taxpayer by the Internal Revenue Service. In addition, if any such tax advice is used or referred to by other parties in promoting, marketing or recommending any partnership or other entity, investment plan or arrangement, then (i) the advice should be construed as written in connection with the promotion or marketing by others of the transaction(s) or matter(s) addressed in this communication and (ii) the taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. Although we have made every effort to safeguard this e-mail and any attachments against viruses, there is no guarantee that this message is virus free. It is the recipient's responsibility to protect against viruses and other defects that may result from the opening of this e-mail or any attachments hereto. No virus found in this incoming message. Checked by AVG - www.avq.com Version: 8.5.449 / Virus Database: 271.1.1/3478 - Release Date: 03/03/11 07:34:00 0 From: Liz Saylor jmailto:lsaylor@pJrlaw com] Sent: Thursday, March 03, 201111:24 AM To: 'Margaret M. Simok' Subject: FW: Proposed Parent Coordinator Agreement Peg - In my email last week, which I have attached below for your convenience, I asked you one question: Since your proposed agreement is far more limiting and in contradiction to the powers provided to the PC in your proposed order, my question is: Is it your intention to limit the PC's powers to what is in your proposed agreement? Could you please answer it? Thanks, Liz LAW OFFICES OF DETER )AUSSOvc Elizabeth J. Saylor, Esquire Law Offices of Peter J. Russo, P.C. 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 PH: 717-591-1755 x 104 FX:717-591-1756 DD 6 From: Margaret M. Simok Imailto:msimok@cognettilaw.com] Sent: Thursday, March 03, 2011 12:36 PM To: 'Liz Saylor' Cc: ata.edrnOgmail.com Subject: RE: Proposed Parent Coordinator Agreement As stated in my email this morning, it is my intention to correct the order to cover what was agreed to and to limit the parent coordinator to what the parent coordinator was agreed to do by the parties. That should answer the question you keep asking. If you look at my response of this morning, I have accepted some of what you have pointed out and agreed to further changes. You even made a few good points about some further deletions from the proposed Order. Honestly, if left to be solely drafted by me, much of what Dawn included in the Order regarding the PC would be removed. You and I should be able to work on the proposed order and PC agreement to best serve our clients, not the PC. Perhaps you could answer my email of this morning and let me know what you are willing to agree to and what you want changed and what you want to stay in both documents. I would like you to let me know by Monday of next week if you are agreeing to any of the changes I have proposed or if I have to involve the court to correct the Order. The Custody Conciliation Summary Report clearly states, "....the parties agreed to entry of an Order in the form attached." And the Order that was attached contained items and dates that were never agreed to at the conference, as well as many items that were never even discussed. (e.g., your letter of February 17 states "...there was a loose conversation...." as to dates to begin with PC, yet the Order sets specific date.) Margaret M. Simok, Esquire MARIA P. COGNETTI & ASSOCIATES 210 Grandview Avenue, Ste 102 Camp Hill, PA 17011 Telephone: 717.909.4060 Fax: 717.909.4068 Email: msimokCcDcognettilaw.com The information is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please reply to the sender that you have received the message in error, and then delete it. Thank you for your cooperation. IRS Circular 230 Disclosure: To comply with certain U.S. Treasury regulations, we inform you that, unless expressly stated otherwise, any U.S. federal tax advice contained in this communication, including attachments, was not intended or written to be used, and cannot be used, by any taxpayer for the purpose of avoiding any penalties that may be imposed on such taxpayer by the Internal Revenue Service. In addition, if any such tax advice is used or referred to by other parties in promoting, marketing or recommending any partnership or other entity, investment plan or arrangement, then (i) the advice should be construed as written in connection with the promotion or marketing by others of the transaction(s) or matter(s) addressed in this communication and (ii) the taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. Although we have made every effort to safeguard this e-mail and any attachments against viruses, there is no guarantee that this message is virus free. It is the recipient's responsibility to protect against viruses and other defects that may result from the opening of this e-mail or any attachments hereto. 66 From: Liz Saylor fmailto:lsaylorOpjrlaw.com] Sent: Friday, March 11, 20115:12 PM To: 'DSSunday@aol.com' Cc: 'Margaret M. Simok' Subject: RE: Motion to Vacate - Taylor-Avery v. Prokop Dawn, While an attempt was made, unfortunately an agreement to modify the current Order cannot be reached. Liz LAW OFFICES OF PETER. J.RUSSOr>c Elizabeth J. Saylor, Esquire Law Offices of Peter J. Russo, P.C. 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 PH: 717-591-1755 x 104 FX: 717-591-1756 rf, W From: Margaret M. Simok [maiIto: msimok@cognettilaw.coml Sent: Monday, March 14, 20111:56 PM To: 'Liz Saylor' Cc: ata.edrn gmail.com Subject: Order and PC Liz, In order to try and save our clients the expense of a hearing, can we agree to at least the following: - date to see Deb Salem, April 1, 2011 (you had already proposed this) - date to see PC, April 1, 2011 - delete paragraph 7 of PC agreement and paragraph 14 of the Order re HIPPA - amend paragraph 20 of the Order to state what was agreed to at conference - once my client gets the determination from the psychiatrist we provide to you - change paragraph 10 in PC agreement to more closely mirror paragraph 16 of the order and state no ex parte with either attorney - change paragraph 6 of PC agreement to only allow the parties to request appointments (If we leave paragraph six in place, your client could be out of town when the PC schedules a meeting and the PC can make a decision without him even there according to PC paragraph ten????) - under fee arrangements, specify in what billing increments the PC will charge and in that same section, number 3, answer who pays if one party cancels and the other does not. I realize you are out of the office today, but would hope you would address this on your return so that we can move forward with the PC Margaret M. Simok, Esquire MARIA P. COGNETTI & ASSOCIATES 210 Grandview Avenue, Ste 102 Camp Hill, PA 17011 Telephone: 717.909.4060 Fax: 717.909.4068 Email: msimok(a)cognettilaw.com The information is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please reply to the sender that you have received the message in error, and then delete it. Thank you for your cooperation. IRS Circular 230 Disclosure: To comply with certain U.S. Treasury regulations, we inform you that, unless expressly stated otherwise, any U.S. federal tax advice contained in this communication, including attachments, was not intended or written to be used, and cannot be used, by any taxpayer for the purpose of avoiding any penalties that may be imposed on such taxpayer by the Internal Revenue Service. In addition, if any such tax advice is used or referred to by other parties in promoting, marketing or recommending any partnership or other entity, investment plan or arrangement, then (i) the advice should be construed as written in connection with the promotion or marketing by others of the transaction(s) or matter(s) addressed in this communication and (ii) the taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. Although we have made every effort to safeguard this e-mail and any attachments against viruses, there is no guarantee that this message is virus free. It is the recipient's responsibility to protect against viruses and other defects that may result from the opening of this e-mail or any attachments hereto. No virus found in this incoming message. Checked by AVG - www.avq.com Version: 8.5.449 / Virus Database: 271.1.1/3506 - Release Date: 03/14/11 07:34:00 6a From: Margaret M. Simok [mailto:msimok@cognettilaw.coml Sent: Wednesday, March 16, 20118:51 AM To: 'Liz Saylor' Cc: ata.edrn(aDgmail.com Subject: Question Attorney Saylor, Will your client consider only dropping the paragraph that requires the parties to sign HIPPA releases? I think we could move ahead on everything else but this. Margaret M. Simok, Esquire MARIA P. COGNETTI & ASSOCIATES 210 Grandview Avenue, Ste 102 Camp Hill, PA 17011 Telephone: 717.909.4060 Fax: 717.909.4068 Email: msimok cognettilaw.com The information is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please reply to the sender that you have received the message in error, and then delete it. Thank you for your cooperation. IRS Circular 230 Disclosure: To comply with certain U.S. Treasury regulations, we inform you that, unless expressly stated otherwise, any U.S. federal tax advice contained in this communication, including attachments, was not intended or written to be used, and cannot be used, by any taxpayer for the purpose of avoiding any penalties that may be imposed on such taxpayer by the Internal Revenue Service. In addition, if any such tax advice is used or referred to by other parties in promoting, marketing or recommending any partnership or other entity, investment plan or arrangement, then (i) the advice should be construed as written in connection with the promotion or marketing by others of the transaction(s) or matter(s) addressed in this communication and (ii) the taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. Although we have made every effort to safeguard this e-mail and any attachments against viruses, there is no guarantee that this message is virus free. It is the recipient's responsibility to protect against viruses and other defects that may result from the opening of this e-mail or any attachments hereto. No virus found in this incoming message. Checked by AVG - www.avq.com Version: 8.5.449 / Virus Database: 271.1.1/3510 - Release Date: 03/16/11 07:34:00 1-1-I 0 RE: Taylor-Avery v. Prokop LAW OFFICES OF PETER JAUSSOP.c. PETER J. RUSSO. ESQUIRE ASHLEY R. SIPE. PARALEGAL ATTORNEYS AT LAW Wednesday, February 23, 2011 Margaret M. Simok, Esquire Maria P. Cognetti & Associates 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Dear Attorney Simok, 1. 2. cc Please be aware of the following: ELIZABETH J. SAYLOR. ESQUIRE AMBER L. SOUTHARD, PARALEGAL VIA EMAIL ONLY Please note that Mr. Prokop has rescheduled annual wellness exams for both girls on March 21 st at 8:20 am. Please be aware that Mr. Prokop originally scheduled these appointments for Monday, February 21, 2011, notice of which was provided through counsel via letter dated January 10, 2011. It is my understanding that Ms. Taylor Avery cancelled both appointments during the afternoon of Friday, February 18, 2011, without notifying Mr. Prokop. Kindly notify me immediately if there is an issue with the rescheduling of this wellness exam. Also, I respectfully request that my client be extended the courtesy of reasonable notice prior to the cancelation of any future appointments. G. Prokop Truly, Eli Beth J. aylor, Esq re :U 5006 EAST TRINDLE ROAD, SUITE 100. MECHANICSBURG, PA 17050 PHONE: (717) 591-1755 FAX: (717) 591-1756 -7' 02/23/2011 18:09 FAX 717 909 4068 MARIA YLARu P. CoG10TF,= & Assocums Attorneys & Counselors at Law 210 Grandview Avenue, Suite 102 ?Camp Hill, PA 17011 Telephone (717) 909-4060 ? Fax (717) 909-4068 Maria P. Cognetti* Attorney at Law "Fellow, American Academy of Matrimonial Lawyers Fellow, International Academy of Matrimonial Lawyers Practice Limited to Matrimonial Law February 23, 2011 VIA FACSIMILE ONLY FAX NO.: (717) 591-1756 Elizabeth J. Saylor, Esquire Law Offices of Peter J. Russo, P.C. 5006 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 RE: TAYLOR AVERY v. PROKOP Our File No. 878 Dear Attorney Saylor: Lfl 002 Margaret M. Simok Attorney at law Karen A. Sheriff Paralegal I have been advised by Ms. Taylor-Avery that on January 7, 2011, Mr. Prokop made appointments for annual physicals for both children with Jones Daly & Coldren Pediatrics. The appointments were scheduled for February 21, 2011 at 8:20 a.m. However, Mr. Prokop never notified Ms. Taylor-Avery, which would be in contempt of their shared custody arrangement. Being as Ms. Taylor-Avery never received notice of the appointments until the evening of February 17, 2011, she was unable to rearrange her patients' schedules to attend the appointments. The appointments will need to be made when both parents are available. To that end, Ms. Taylor-Avery has canceled the appointments, as she is unable to adjust her work schedule with such short notice. Very truly yours, rn. Margaret M. Simok MMS/jtm cc: Amy Taylor-Avery (via email) -71 % N a LAW OFFICES OF PETER JAUSSO P.c. PETER J. RUSSO. ESQUIRE ASHLEY R SIPE. PARALEGAL ATTORNEYS AT LAW Thursday, February 24, 2011 Margaret M. Simok, Esquire Maria P. Cognetti & Associates 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 RE: Taylor-Avery v. Prokop Dear Attorney Simok, ELIZABETH J. SAYLOR. ESQUIRE AMBER L. SOUTHARD. PARALEGAL VIA FAX -+ US t'( w% I am in receipt of your February 23, 2011 fax in regards to the wellness appointments scheduled for both girls. In response thereto please see attached. Please note that Mr. Prokop has rescheduled annual wellness exams for both girls on March 21 st at 8:20 am. Kindly notify me immediately if there is an issue with the rescheduling of this wellness exam. Also, I respectfully request that my client be extended the courtesy of reasonable notice prior to the cancelation of any future appointments. Truly, J. jSayIq, Esquire cc: G. Prokop 5006 EAST TRINDLE ROAD, SUITE 100. MECHANICSBURG, PA 17050 PHONE: (717) 591-1755 FAX: (717) 591-1756 02%23/2011 16:09 FAX 717 909 4068 It a . MARIA P COGNETTI MARu P. Coc?Tn & ASsocum Attorneys & Cotauelors at Law 210 drandview Avenue, Suite 102 Kamp Hill, PA 17011 Telephone (717) 909-4060 ? Fax (717) 909.4068 Maria P. Cognetti* Attorney at law 'Fellow, Anurican Academy of Matrimonial Lawyers Fellow, International Academy of Matrimonial Lawyers February 23, 2011 VIA FACSIMILE ONLY FAX NO.: (717) 591-1756 Elizabeth J. Saylor, Esquire Law Offices of Peter J. Russo, P.C. 5006 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 RE: TAYLOR AVERY v PROKOP Our File No. 878 Dear Attorney Saylor: I have been adv-sed y c- Tnvlnr-Avery that appointments for annual physicals appointments were no . Al or- ,which would be in contemn Being as Ms. Taylor-Avery never recely no ce o it shared February?ll. she was unable to rearrange her patients' schedules to attend the appointments. The appointments will need to be made when both parents are available. To that end, Ms. Taylor-Avery has canceled the appointments. as she is unable to adjust her work schedule with such short notice. Very truly yours, Margaret M. Simok MMS/jtm cc: Amy Taylor-Avery (via email) Practice Limited to Matrimonial Law Margaret M. Simok Attomey at Law Karen A. Sheriff Paralegal r. Prokon made Pediatrics. The F Pr never iv amw ems t the evening I 1 \ -73 LAW OFFICES OF PETER J.RUSSO P.c. PETER J. Russo, ESQyip.E ATTORNEYS AT LAW ELIZABETH J. SAYLOR. ES4VIRE ASHLEY R. SIPE, PARALEGAL AMBER L SOUTHARD. PARALEGAL Monday, January 10, 2011 Margaret M. Simok, Esquire VIA FAX Maria P. Cognetti & Associates 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 RE: Taylor-Avery v. Prokop Dear Attorney Simok, Enclosed please find 1) a medical insurance card, and 2) a dental insurance card. Please be aware of the following appointments: 1) Juliana has an appointment with Georgi Anderson on 1/11/2011 at 3 pm 2).. ' has an appointment with Georgi Anderson on 1/13/2011 at 4 pm Caroline has her annual wellness appointment scheduled on 2121/2 a - 4) Juliana has her annual wellness appointment scheduled on 2/21/20111 at : am. Also, please take notice that during my client's scheduled custody period from 1121/2011 through 1/28/2011 he will have overnight travel on the night of 1/27/2011 and 1/2&7011. Thus, he is proposing that the exchange in custody takes place on January 27, 2011, at 2:50 in the parking lot of Good Shepherd. Kindly inform on or before January 18, 2011 if Ms. Taylor- Avery is not available for these two days or for the custodial exchange. If we do not hear from you on or before, January 18, 2011 we will assume that Ms. Taylor-Avery wishes to exercise this custodial time and the exchange will take place at the above stated time and place. Also, Mr. Prokop would love to make-up some of his lost time with the girls, and is proposing having the girls on February 12'I' through 13`s; kindly inform as to whether this or any other time would be acceptable to your client. Last, as we all know, we have an up-coming conciliation. Kindly inform as to your client's custodial proposal in the interest of 1) seeing if there is any possibility of amicable resolution in part and/or total and 2) decreasing the time and expense in regards to this matter. I look forward to hearing from you. T 1, EJS/als Eliza J. Saylor, Esquire cc: Gilbert Prokop Enclosures 5006 EAST TRUNDLE ROAD. SUITE 100. MECHANICSBURG. PA 17050 PHONE: (717) 591-1755 FAX: (717) 591-1756 V Liz Saylor From: Moul, Todd A. [ToddMoul@pacses.com] Sent: Friday, March 04, 2011 9:15 AM To: 'ATA.EDRN@GMAIL.COM' Cc: 'Isaylor@pjrlaw.com' Subject: PACSES #: 961110363 Ms Taylor-Avery, Our office is still awaiting receipt of documents regarding your income and medical expenses as discussed at the conference held last Thursday, February 24, 2011. At the time of the conference you indicated the documentation would be provided to our office the following day. Please be advised that if the required information is not received by Monday, March 7, 2011, your petition may be dismissed. As a reminder, you were to provide your 2010 Federal income tax return along with all w-2's. An issue regarding medical expenses was also raised that you were to provide documentation of. Thank you for your anticipated cooperation in this matter. Please feel free to contact our office if you have any questions. Todd A. Moul Program Manager Conference/Enforcement Officer Cumberland County Domestic Relations Section www.ccpa.net/domesticrelations IF YOL; RECEIVE THIS EMAIL IN ERROR, PLEASE CONTACT ME IMMEDIATELY AND THEN DESTROY OR DELETE THE MATERIALS. CONFIDENTIALITY NOTICE: The information contained in this e-mail is privileged and confidential information intended for the use of the individual or entity named above. This information is personal and sensitive and should only be read by authorized individuals. Failure to maintain confidentiality is subject to penalties under State and Federal Law. No virus found in this incoming message. Checked by AVG - www.avg.com Version: 8.5.449 / Virus Database: 271.1.1/3480 - Release Date: 03/04/11 07:34:00 Is In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION PACSES Case Number: 961110363 Docket Number: 00867 S 2008 Other State ID Number: Please note: All correspondence must include the PACSES Case Number. FEBRUARY 28, 2011 SUMMARY OF TRIER OF FACT Plaintiff Information AMY TAYLOR-AVERY Address: Employer: Attorney: O Complaint for Support Reason for Conference: Pltf filed petition to increase. Defendant Information GILBERT E. PROKOP JR Address: Employer: Attorney: ELIZABETH J. SAYLOR, ESQ. O Petition for Modification Filed 01 /20/11 O Other Dependent(s) CAROLINE G. AVERY-PROKOP JULIANA K. AVERY-PROKOP Current Order: 06/23/04 - -0000 04/26/06 - -0000 / Form CM-022 02/11 Service Type M Worker ID 21101 yf N TAYLOR-AVERY v. PROKOP Plaintiff Information Current Income: Tax Return: Medical Coverage: low PACSES Case Number: 961110363 Defendant Information Child Care/Tuition: Additional Obligations: W Other I However, deft indicated that she had previously held another position where she earned 2. 3. Service Type M Page 2 of 3 year Form CM-022 02/11 Worker ID 21101 in addition to her current employment. Pltf was requested to provide her 2010 federal tax return along with all w-2's from 2010. Pltf failed to provide this documentation, she is therefore, held to the earning capacity of Was was previously assigned. Id TAYLOR-AVERY v. PROKOP Facts Agreed Upon: or PACSES Case Number: 961110363 Guideline Amount: DRS Recommended Amount: DRS Recommended Order Effective Date: Parties to be Covered by Recommended Order Amount: two children. Guideline Deviation: O YES or O NO Reason for Deviation: Submitted by: TODD A. MOUL Service Type M Date Prepared: FEBRUARY 28, 2011 Page 3 of 3 Form CM-022 02/11 Worker ID 21101 Facts in Dispute and Contentions with Respect to Facts in Dispute: .y 1 , lo, AMY TAYLOR-AVERY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-5906 CIVIL TERM GILBERT E. PROKOP, CIVIL ACTION LAW Defendant. IN DIVORCE/CUSTODY CERTIFICATE OF SERVICE I, Ashley R. Malcolm, hereby certify that I am on this day serving a copy of the Defendant's Answer to Motion to Vacate Order of Court with New Matter and Request for Relief upon the person(s) and in the manner indicated below: Service by First-Class Mail, Postage Prepaid, and Addressed as Follows: Margaret M. Simok, Esquire Maria P. Cognetti & Associates 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Date: `I Ashley R alcolm, Paralegal AMY TAYLOR-AVERY, Plaintiff/Movant V. GILBERT E. PROKOP, Defendant/Respondent RULE TO SHOW CAUSE AND NOW, this P?'day of M "AA 2011, upon presentation and consideration of the within Motion to Vacate Order of Court, it is hereby ORDERED 0-0-0 b&'- wN St. od a c,) ?sg that a Rule is entered upon Defendant/Respondent Gilbert E. Prokop to show cause why, ?J if any, said Motion should not be granted. Rule returnable ?Lo days after service. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA c DOCKET NO. 2008-5906 CIVIL TE c -ten --i ? a Wi=t CIVIL ACTION - LAW zo IN CUSTODY -rC 1 00 -" CD 4AR 4 r b -t et7? ? BY THE COURT: i J. Distribution: `Elizabeth J. Saylor, Esquire, Law Office of Peter J. Russo, P.C., 5006 East Trindle Road, Suite 100, Mechanicsburg, PA 17050 ? Margaret M. Simok, Esquire, Maria P. Cognetti & Associations, 210 Grandview Avenue, Suite 102, Camp Hill, PA 17011 t / v _hA "wI&I Sk,?i, 7/ ?squ.,' op 3?a3 f?? LAW OFFICES OF PETER J. BY: Elizabeth J. Saylor, Esquir PA Supreme Court ID: 20013$ 5006 E. Trindle Road, Suite 1 C Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: Isaylor@pjrlaw.com AMY TAYLOR-AVERY, Plaintiff V. GILBERT E. PROKOP, Defendant. Defendant, Gilbert E. Russo, P.C. respectfully provide her mental health support of this request, 1. This is a custody been in controversy. 2. The Plaintiff/Mother history. 3. It is believed and thus treatment from the Dr. William Bohonyi 9 Flowers Drive Mechanicsburg, PA 1 RUSSO, P.C. v" t;0-rngOTAr? ? 1!I1ER25 10- 41 t, ERLASD COUMV, g;???t?5YLVAt?iA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-5906 CIVIL TERM CIVIL ACTION LAW IN DIVORCE/CUSTODY through his attorneys, The Law Offices of Peter J. that this Court compel Plaintiff Amy Taylor Avery, to and submit herself to a mental examination. In avers the following: in which Mother's mental condition is and has continually repeatedly been evasive about her mental condition and rred that Mother has previously received mental health providers: Dr. Denis Milke 1013 Mumma Road S Lemoyne, PA 17043 Dr. Edward Lamarque 2920 Market Street Camp Hill, PA 17011 J S Trayer 131 E. Mckinley St Chambersburg, PA 4. At the agreement of Kasey Shienvold. 5. Dr. Kasey Shienvold was received. 6. Mother, through her ite 203 7 parties, a custody evaluation was performed by Dr. nt a release of information to Dr. Milke but no information rney, has alleged that Dr. Shienvold cannot provide a diagnosis. 7. At the February 8, 2011 conciliation, opposing counsel noted that Mother was currently being treated nd/or evaluated by a mental health professional but could not recall his/her ame and believed treatment may cease due to a change in insurance. 8. Via email dated March ? 0, 2011, Mother's attorney wrote, "Additionally, we are getting a psychiatric yourself." A true and c incorporated herein as 9. The undersigned bel determination of the rmination and we will not be sharing with anyone but ect copy of the email is attached hereto and A. that Mother's mental condition is crucial in the interest of the children. 10. The Honorable Judge Edward E. Guido has ruled on this matter. 11. Opposing Counsel WHEREFORE, Defe a. Compel the Plai mental health providers and not concur with this motion. respectfully requests this Honorable Court to to provide the Defendant's counsel with all of her including but not limited to the above named providers referenced by Attorney Simok at the February 8, 2011 conciliation and in her March 10, 2011 email. Said records shall thereafter be provided by the Defendant's counsel to the mental examine; and b. Compel the Pla by a mental Date: d Y// to submit herself to a mental examination performed professional selected by the Defendant. Resp?ctf Ily subm"' , O P ER J. RUSSO, P.C. Attorney o efendant Peter J. Russo, Esquire D # 72897 Elizabeth J. Saylor, Esquire ID # 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 PH: (717) 591-1755 FX: (717) 591-1756 Exhibit A `LirSavlor From: Sent: To: Cc: Subject: Margaret M. Sim Thursday, Marcf 'Liz Saylor' ata.edrn@gmail. Prokop and Tayl Attorney Sa%llor. itionally, we are a psych Margaret M. Simok, Esquire MARIA P. COGNETTI & ASSOCIATES 210 Grandview Avenue, Ste 102 Camp Hill, PA 17011 Telephone: 717.909.4060 Fax: 717.909.4068 Email: msimok(&coanettilaw.com The information is confidential and may be legally privilel; dissemination, distribution, or copying of this communical error, and then delete it. Thank you for your cooperation. ik [msimok@cognettilaw.com] 10, 2011 1:53 PM determination and we will not be sharing with anyone but yourself. If you are not the intended recipient, you are hereby notified that any retention, is strictly prohibited. Please reply to the sender that you have received the message in IRS Circular 230 Disclosure: To comply with certain U.S. reasury regulations, we inform you that, unless expressly stated otherwise, any U.S. federal tax advice contained in this communication, including att hments, was not intended or written to be used, and cannot be used, by any taxpayer for the purpose of avoiding any penalties that may be imposed o such taxpayer by the Internal Revenue Service. In addition, if any such tax advice is used or referred to by other parties in promoting, marketing or recommending any partnership or other entity, investment plan or arrangement, then (i) the advice should be construed as written in connection with the pr otion or marketing by others of the transaction(s) or matter(s) addressed in this communication and (ii) the taxpayer should seek advice b sed on the taxpayer's particular circumstances from an independent tax advisor. Although we have made every effort to safeguard this e- ail and any attachments against viruses, there is no guarantee that this message is virus free. It is the recipient's responsibility to protect against viruses and other defects that may result from the opening of this e-mail or any attachments hereto. No virus found in this incoming message. Checked by AVG - www.avq.com Version: 8.5.449 / Virus Database: 271.1.1/34 6 - Release Date: 03/10/11 07:34:00 I, Gilbert E. Prokop, true and correct to the VERIFICATION that the statements made in the forgoing document are of my knowledge and belief. I understand that false statements herein are made (subject to the penalties of 18 Pa. C. S. § 4904 relating to unsworn falsification to authbriti Dated: -A) V-t MCo L A A,& filbert E. Prokop LAW OFFICES OF PETER J. BY: Elizabeth J. Saylor, Esquii PA Supreme Court ID: 20013 5006 E. Trindle Road, Suite 1( Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: Isaylor@pjrlaw.com AMY TAYLOR-AVERY, Plaintiff V. GILBERT E. PROKOP, Defendant. I hereby certify that I Defendant's Motion to Co Herself to a Mental Examina FIRST CLASS MAIL Margaret M. Simok, Esquire Maria P. Cognetti & Associate 210 Grandview Avenue, Suite Camp Hill, PA 17011 DATE: RUSSO, P.C. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-5906 CIVIL TERM CIVIL ACTION LAW IN DIVORCE/CUSTODY ERTIFICATE OF SERVICE on this day served a true and correct copy of the Plaintiff to Produce Mental Health Records and Submit n, upon the following person, in the manner indicated: 102 aLuw V? . Ashley alcolm, Paralegal 0 LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: lsaylor@pjrlaw.com Attorneys for Defendant r?= THE FILED-OFFICE 2011 MAR 25 P1112:07 CUMBERLAND COUNTY PENNSYLVANIA AMY TAYLOR-AVERY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-5906 CIVIL TERM GILBERT E. PROKOP, CIVIL ACTION LAW Defendant. IN DIVORCE/CUSTODY PRAECIPE TO AMEND Kindly amend the Defendant's Answer to Motion to Vacate Order of Court with New Matter and Request for Relief filed on March 23, 2011 by adding the attached original Verification signed by Plaintiff. Respec ful su, Date: LAW OFF ES bF-FIETER J. RUSSO, P.C. Attorneys for Defendant Peter J. Russo, Esquire ID #72897 -Elizabeth J. Saylor, Esquire ID # 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 PH: (717) 591-1755 FX: (717) 591-1756 VERIFICATION I, Gilbert E. Prokop, verify that the statements made in the forgoing document are true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904 relating to unsworn falsification to authorities. Dated: 3 1:51,20 L 24IDerrt"E. Pr kop LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: lsaylor@pjrlaw.com Attorney$ for Defendant AMY TAYLOR-AVERY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-5906 CIVIL TERM GILBERT E. PROKOP, CIVIL ACTION LAW Defendant. IN DIVORCE/CUSTODY CERTIFICATE OF SERVICE I, Ashley R. Malcolm, hereby certify that I am on this day serving a copy of the Praecipe to Amend upon the person(s) and in the manner indicated below: Service by First-Class Mail, Postage Prepaid, and Addressed as Follows: Margaret M. Simok, Esquire Maria P. Cognetti & Associates 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Date: 3 lay{ `\ \ . ?flo?,n Ashley . alcolm, Paralegal ffl AMY TAYLOR-AVERY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANJA vs. 2008-5906 CIVIL ACTION LAWS, ;-1 GILBERT E. PROKOP _<? u"', _ 7 Defendant IN CUSTODY CD FZ . t? ro ANSWER BY CONCILIATOR TO PLAINTIFF'S MOTION TO VACATE ORDER The Plaintiff's Motion is riddled with inaccuracies but I intend to respond only to those allegations which question my credibility or integrity. 11. Admitted in part, denied in part. It is admitted that I did not advise the parties that Maryann Murphy, Esquire, one of the parenting coordinators being discussed at the conference, leased an office in my building for occasional conferences or appointments. It is denied that I suggested that the parties select Maryann Murphy as their parenting coordinator. I provided counsel with the names of all individuals of whom I am aware are trained parenting coordinators. The parties were free to select any individual they desired and Maryann Murphy's name was not submitted to the Court as a recommendation by the Conciliator in the resultant proposed Order, but rather as an agreed upon selection by the parties. I spoke positively of Maryann Murphy's services as well as those of other parenting coordinators. I included Maryann Murphy on the list of those of whom I spoke highly because I think highly of her. 12. Denied. I specifically advised counsel at the conference that this Court has used a standard parent coordination appointment Order. I retrieved a copy of the standard Order from my office and read it in full to counsel at the conference. Neither Ms. Simok not Ms. Saylor raised any objections or concerns regarding the use of the appointment Order at that time. After the parties joined the conference following consultation with their respective counsel, I reread the two provisions of the standard Order that specifically list the powers and limitations on the powers of the parenting coordinator. Again, neither counsel nor the parties raised any objections or concerns at that time. Respectfully submitted, Date Dawn S. Sunday, Esquire Custody Conciliator 39 W. Main Street, Suite 1 Mechanicsburg, PA 17055 TEL: (717) 766-9622 AMY TAYLOR-AVERY Plaintiff vs. GILBERT E. PROKOP Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-5906 CIVIL ACTION LAW IN CUSTODY CERTIFICATE OF SERVICE I, Dawn S. Sunday, hereby certify that I am on this day serving a copy of the Conciliator's Answer to Plaintiff s Motion to Vacate Order of Court upon the persons and in the manner indicated below: Service by First Class Mail Addressed as Follows: Elizabeth J. Saylor, Esquire Law Offices of Peter J. Russo 5006 East Trindle Road, Suite 100 Mechanicsburg PA 17050 Margaret M. Simok, Esquire Maria P. Cognetti & Associates 210 Grandview Avenue, Suite 102 Camp Hill PA 17011 Date Dawn S. Sunday b AMY TAYLOR-AVERY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-5906 CIVIL TERM c - GILBERT E. PROKOP, CIVIL ACTION LAW zca =C - rn Defendant. IN DIVORCE/CUSTODY "??? o Ica 7>n C.) -n C-- ORDER AC) rv CDM AND NOW thi A1 12M , s ay of AGII 2011, upon consider ation of Defendant's Motion to Compel Plaintiff to Produce Mental Health Records and Submit Herself to a Mental Examination, it is hereby ORDERED and DECREED that the motion ieD w i fAo w1- jPRe'T44d ('C. C . =-F aF l-e0.G 1?e4 Lei N f is hall: CAA S tgnat e-A S E W*- Ft a C c? f .?- 4 u 04 4*LC4 ZA) F0.4e m G, f -to A N i s ec e,950 R 4a < 4AJ <l od e.e ..G r of by 0, i . ai r B J. /Elizabeth J. Saylor, Esquire Law Offices of Peter J. Russo 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 /Margaret M. Simok, Esquire Maria P. Cognetti & Associates 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 vS Mooo0?wd ? II 51 I PKA AMY TAYLOR-AVERY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA C= V. : ?co ...` GILBERT E. PROKOP, NO. 2008 - 5906 CIVIL TERM ? Defendant wY 3rc -c? =C:) ORDER OF COURT y-t, v AND NOW, this 7T" day of APRIL, 2011, after reviewing Plaintiff's Moti on to Vacate Order of Court as well as Defendant's response thereto, (including the oppressively lengthy New Matter and Exhibits), a hearing on the Motion is scheduled for THURSDAY. MAY 26.2011 at 9:30 a.m. in Courtroom # 3. Since the central issue is whether the parties and their counsel reached an agreement as to the terms of the order, counsel are necessary witnesses. They are therefore precluded from acting as advocates under Rule 3.7 of the Pa. Rules of Professional Conduct. Pending said hearing the order of February 14, 2011, shall remain in full force and effect. By the Court... Edward E. Guido, J. 'Elizabeth J. Saylor, Esquire Margaret M. Simok, Esquire Dawn Sunday, Esquire ap ,od :sld FrLED-OEF! OF THE PR0-T0 ONnTARY 2011 APR 13 AM 9: 09 CUMBERLAND CQUNTy PENNSYLVANIA AMY TAYLOR-AVERY, Plaintiff/Movant V. GILBERT E. PROKOP, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 2008-5906 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY ORDER AND NOW, to wit, this 19? day of , 2011, upon consideration of the Plaintiff's Motion t q trik? Defend 's NewMatter, ?,-?L'' ' ` at vpd lam, `? 44.06 k Me WTULI e reques s or re ie ar q:30 a /K d?o B e Court: J. Distribution: Elizabeth J. Saylor, Esquire, Law Office of Peter J. Russo, P.C., 5006 East Tnndle Road, Suite 100, Mechanicsburg, PA 17050 ? Margaret M. Simok, Esquire, Maria P. Cognetti & Associations, 210 Grandview Avenue, Suite 102, Camp Hill, PA 17011 Ma?i?d MARIA P. COGNETTI & ASSOCIATES MARGARET M. SIMOK, ESQUIRE Attorney I.D. No. 89633 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No.: (717) 9094060 Email: msimokacognettilaw com Attorneys for Plaintiff AMY TAYLOR-AVERY, Plaintiff V. GILBERT E. PROKOP, Defendant TO THE PROTHONOTARY: OF TNF?' RO?j MONO T ARY ""MAY 20 AM 11:15 CUPENNSYLVA IA Nla IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 2008-5906 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY PRAECIPE Please withdraw the following pleadings in the above-captioned custody action: 1. Plaintiff's Motion to Vacate Order of Court, filed March 18, 2011; 2. Defendant's Answer to Motion to Vacate Order of Court with New Matter and Request for Relief, filed March 23, 2011; and 3. Plaintiff's Motion to Strike Defendant's New Matter, filed April 6, 2011 Respectfully Submitted, C Peter J. Russo, Esquire Law Offices of Peter J. Russo, P.C. 5006 Trindle Road; Suite 100 Mechanicsburg, PA 17050 Attorney I.D. No. 72897 MargareI. Simok, Esquire Maria P. Cognetti & Associates 210 Grandview Avenue, Suite 110 Camp Hill, PA 17011 Attorney I.D. No. 89633 0 LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: lsaylor@pjrlaw.com Attorneys for Defendant FILED-OF'F'ICE O THE PROTHONOTARY ZOO I MAY 24 AM 11: 48 CUMBERLAND COUNTY PENNSYLVANIA AMY TAYLOR-AVERY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-5906 CIVIL TERM GILBERT E. PROKOP, Defendant. TO THE PROTHONOTARY: CIVIL ACTION LAW IN DIVORCE/CUSTODY PRAECIPE Please withdraw Defendant's Motion to Compel Plaintiff to Produce Mental Health Records and Submit herself to a Mental Examination which was filed on March 25, 2011 under the above mentioned captioned. Respectfully sub tte Date: LAW S OF PETER J. RUSSO, P.C. Attorneys for Defendant Peter J. Russo, Esquire ID # 72897 Elizabeth J. Saylor, Esquire ID # 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 PH: (717) 591-1755 FX: (717) 591-1756 LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: lsaylor@pjrlaw.com Attorneys for Defendant AMY TAYLOR-AVERY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-5906 CIVIL TERM GILBERT E. PROKOP, CIVIL ACTION LAW Defendant. IN DIVORCE/CUSTODY CERTIFICATE OF SERVICE I, Ashley R. Malcolm, hereby certify that I am on this day serving a copy of the Praecipe upon the person(s) and in the manner indicated below: Service by First-Class Mail, Postage Prepaid, and Addressed as Follows: Margaret M. Simok, Esquire Maria P. Cognetti & Associates 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 0'L&QW2_ mok( Ashley R. alcolm, Paralegal Jr_??'t1 Date: • s . -a r ? 't r r? .. t• s ?., 1 .` i s t r 0Tf?DN0TA1` v. GILBERT E. PROKOP, Defendant/Respondent DOCKET NO. 2008-5906 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE/CUSTODY PETITION FOR LEAVE TO WITHDRAW AS COUNSEL AND NOW, comes Petitioner, Margaret M. Simok, Esquire, who respectfully MARIA P. COGNETTI & ASSOCIATES MARGARET M. SIMOK, ESQUIRE Attorney I.D. No. 89633 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 'Telephone No.: (717) 909-4060 Email: msimok(-kognettilaw.com Ul?BERL A ND PENN5YLygNiA T,?, Attorneys for Plaintiff AMY TAYLOR-AVERY, IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA requests that this Honorable Court grant her permission to withdraw as counsel on behalf of :Plaintiff, Amy Taylor-Avery and in support thereof avers as follows: 1. Petitioner is presently counsel of record for Plaintiff, Amy Taylor-Avery in the above-captioned divorce/custody matter. 2. Pennsylvania. Rule of Professional Conduct 1.16(b) provides in pertinent part: ...a lawyer may withdraw from representing a client if withdrawal can be accomplished without material adverse effect on the interest of the client, or if: (6) the representation will result in an unreasonable financial burden on the lawyer or has been rendered unreasonably difficult by the client. 3. Petitioner seeks to withdraw as counsel for Amy Taylor-Avery in this matter because it is believed that grounds exist pursuant to Rule of Professional Conduct 1.16(b)(6). 4. Withdrawal of Margaret M. Simok, Esquire, will not materially prejudice Amy Taylor-Avery or delay pending litigation. WHEREFORE, your Petitioner respectfully requests that this Honorable Court grant :Petitioner's request to withdraw as counsel on behalf of Amy Taylor-Avery in the above- captioned matter. Respectfully submitted. MARIA P. COGNETTI & ASSOCIATES Date: August 1, 2011 By: MARG T M. SIMOK, ESQUIRE Attorney I.D. No. 89633 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff r CERTIFICATE OF SERVICE I, Margaret M. Simok, Esquire, hereby certify that I served a true and correct copy of the foregoing Petition for Leave to Withdraw as Counsel at the address indicated below: Elizabeth J. Saylor, Esquire Law Offices of Peter J. Russo, P.C. 5006 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 Amy Taylor-Avery 431 Blacklatch Lane Camp Hill, PA 17011 Service by: Personal service via hand delivery X Service by First Class, United States Mail, postage pre-paid, mailed at Camp Hill, Pennsylvania, addressed as indicated above Overnight delivery Service by placing a copy of the above document in counsel's box In the Office of the Prothonotary of County Facsimile service Certified/Registered Mail MARIA P. COGNETTI & ASSOCIATES Date: August 1, 2011 By: ry)" MARG T M. SIMOK, ESQUIRE Attorney ID No. 89633 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No.: (717) 909-4060 Attorneys for Plaintiff t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW AMY TAYLOR-AVERY, Plaintiff V. GILBERT E. PROKOP, Defendant DECISION JI No. 2008-5906 Civil Term r • ~ rrj IN CUSTODY v7r_. t i ?1 AND NOW, this 9 day of 2011 , the parents, working with the Parenting Coordinator, have reached agreement on the ?.3 following issues with respect to their minor children, Caroline Grace Avery Prokop and Juliana Katherine Avery Prokop. The Parenting Coordinator recommends the following agreements to be binding decisions: 1. Names: Whenever the children's full names are used, including information provided to doctors, schools, etc., Caroline's middle name shall be written as Grace Avery, and Juliana's middle name shall be written as Katherine Avery. 2. Activities: The parents shall share expenses for activities that have been pre-approved by both of them. Mutual agreement, confirmed via e-mail between the parents, shall be established before the expense is incurred. For the 2011-2012 school year, Caroline will participate in Brownies at Good Shepherd, and gymnastics. If Caroline wants to be in Cheerleading, she shall be in the Smurf's group at Good Shepherd. Juliana will participate in Daisies at Good Shepherd, and gymnastics and soccer. The parents shall each pay one-half of the registration fees for these activities since they have been mutually agreed upon. Caroline and Juliana shall not be in the same gymnastics class as Bella Cashman. If there are other activities in which one parent wants the children to participate during her/his respective custodial weeks, and there is not mutual agreement, that parent shall pay the registration fees and all associated fees. 3. Mother's Day and Father's DaX: If Father's custodial week begins on the Friday before Mother's Day, the children shall remain with Mother until Mother's Day at 5:00 p.m. If Mother's custodial week begins on the Friday before Father's Day, the children shall remain with Father until Father's Day at 5:00 p.m. 4. Parental Authorizations: Only Mother and Father shall sign parental authorizations for the minor children, including but not limited to, permission slips, report cards, homework, field trips, etc. 5• Appointments: If either parent makes an appointment for the children, that parent shall notify the other by e-mail the day the appointment is made so that both parents may attend, if possible. If the other parent cannot be present at the appointment, a follow-up e-mail shall be sent with the information received at that appointment. Neither parent shall unilaterally cancel an appointment the other parent makes for the children. 6. Communication: Communication by e-mail is the preferred way for the parents to contact each other. In an emergency, a phone call should also be placed to the other parent. The parents shall notify each other of any illness, event, activity, school issues, etc. regarding the children as soon as a parent is aware of such. On Fridays, the day custody is transferred, the parent who had the children that week shall e-mail the other parent with updates regarding the children's week, any upcoming school or activity information (snacks, spirit sticks, etc.) for the following week, and any health concerns. All communication from the schools, doctors, activity provider, etc., whether oral or written, shall be provided to the other parent when received. The parents will follow the red folder provided by Mrs. Paul, and review the CB Book. 7. Right of First Refusal: If the parent who has custody during a week when he or she will be away from home for more than two consecutive overnights, that parent shall notify the other as soon as it is known which week this will occur. The other parent shall have the right of first refusal to care for the children before they are left with a third party. 8. Social Media Networks: Neither parent shall put the children's photos, likenesses or representations on any social media network without the written permission of the other parent. The parents shall ensure, to the extent possible, that household members, family and friends comply with this prohibition. The parents are permitted to send pictures of their children to family and friends by private e-mail. 9• Religious Trainin-9: The children will go to church with Mother during her week of custody (currently Trinity Lutheran Church), and go to church with Father during his week of custody (currently Good Shepherd Catholic Church). The children will receive the sacraments in the Catholic Church, and Mother shall purchase the girls' dresses for these sacraments. 10. School: The children shall attend Good Shepherd Catholic School. Caroline will repeat first grade in the 2011-2012 school year with Sister Mary Ann Lawrence. Mother shall take the children for their "back to school" hair cuts each year. Each parent shall pay for school lunches during her/his respective custodial weeks. In odd numbered school years (i.e. 2011-2012), Father shall provide backpacks and supplies for the children for school. In even numbered school years (i.e. 2012-2013), Mother shall provide backpacks and supplies for the children for school. If a parent uses the after school program on her/his custodial weeks, that parent shall pay the cost of the program. Any additional costs assessed because of late pick-up shall be paid by the parent who incurs the cost. 11. Tutoring_: Caroline will be tutored by Angela Stone during the summer Of 2011. 12. Ear Piercing: Mother shall take Juliana to get her ears pierced after first grade. 13. Illegal Drugs Cigarettes and Alcohol: The parents shall not possess or use any illegal controlled substances. When the children are in their custody, the parents shall not consume alcoholic beverages to excess or to the point of intoxication, nor shall they smoke cigarettes inside their residence or vehicle. The parents shall likewise ensure that other household members and/or houseguests comply with this prohibition. 14. No Conflict Zone: The parents shall not alienate the affections of the children from the other parent and the other parent's household members and extended family. To the extent possible, the parents shall prevent third parties from alienating the children's affections from the other parent as well as the other parent's household members and extended family. Neither parent shall make derogatory comments about the other parent or the other parent's household members and extended family when the children are in their physical custody. To the extent possible, the parents shall prevent third parties from making derogatory comments about the other parent or the other parent's household members and extended family when the children are in their physical custody. 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. Both parents shall refrain from encouraging the children to provide reports about the other parent. Communication should always take place directly between the parents, never using the children as intermediaries. 15. Decision-Makin : Neither parent shall make important decisions unilaterally for the children regarding medical, educational or religious matters. Such decisions shall be made by the parents jointly after discussion and consultation with each other. Maryan Murphy, Esqui e Parenting Coordinator Distribution: The Honorable Edward E. Guido Margaret M. Simok, Esquire: 21o Grandview Ave, Suite 102, Camp Hill, PA 17011 Amy Taylor-Prokop: 431 Blacklatch Lane, Camp Hill, PA 17011 Elizabeth J. Saylor, Esquire: 5oo6 E. Trindle Road, Suite loo, Mechanicsburg, PA 17050 Gilbert E. Prokop: 5237 Strathmore Drive, Mechanicsburg, PA 17050 CERTIFICATE OF SERVICE ?j +-L "D NOW, this " I day of 2011, the undersigned does hereby certify that she did this date serve a copy of the foregoing Decision upon the Honorable Edward E. Guido, the parties and their respective attorneys by causing same to be deposited in the United States Mail, first class, postage prepaid, at Mechanicsburg, Pennsylvania, addressed as follows: The Honorable Edward E. Guido Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Margaret M. Simok, Esquire 210 Grandview Ave, Suite 102 Camp Hill, PA 17011 Amy Taylor-Prokop 431 Blacklatch Lane Camp Hill, PA 17011 Elizabeth J. Saylor, Esquire 5006 E. Trindle Road, Suite loo Mechanicsburg, PA 17050 Gilbert E. Prokop 5237 Strathmore Drive Mechanicsburg, PA 17050 Maryann eurphy, Esquire I.D. #61900 PMB 246 4902 Carlisle Pike Mechanicsburg, PA 17050 (717) 730-0422 E u-OFFICE "ROTHONOTAR i 2 R I 1 AUDI 29 AM 10: 50 ."UMBERLAND COUNTY PENNSYLVANIA MARIA P. COGNETTI & ASSOCIATES MARGARET M. SIMOK, ESQUIRE Attorney I.D. No. 89633 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No.: (717) 909-4060 Email: msimok ,comettilaw.com Attorneys for Plaintiff AMY TAYLOR-AVERY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 2008-5906 CIVIL TERM GILBERT E. PROKOP, CIVIL ACTION -LAW Defendant IN DIVORCE/CUSTODY MOTION TO MAKE RULE ABSOLUTE AND NOW COMES, Margaret M. Simok, Esquire, of Maria P. Cognetti & Associates, who respectfully requests that this Honorable Court grant her permission to withdraw as counsel on behalf of Plaintiff, Amy Taylor-Avery and in support thereof avers as follows: 1. On August 1, 2011, the undersigned filed a Petition for Leave to Withdraw as Counsel, on behalf of Plaintiff, Amy Taylor-Avery, in the above-captioned matter. 2. On August 4, 2011, the Honorable Edward E. Guido entered an Order upon Plaintiff Amy Taylor-Avery and Defendant Gilbert E. Prokop, to show cause why, if any, said Petition should not be granted. The Rule was returnable twenty (20) days after service. (A copy of the Order is attached hereto and marked as Exhibit "A".) 3. On August 4, 2011, the Court caused the Order of August 4, 2011 to be served upon Plaintiff and Defendant's counsel, Elizabeth J. Saylor, Esquire, via first-class mail, postage pre-paid. 4. Twenty (20) days have elapsed since the Order was served upon the Plaintiff and Defendant's counsel. 5. To the best of the undersigned's knowledge, neither Defendant's counsel nor Plaintiff have responded to the Order, objecting to the undersigned's request to withdraw as counsel for Amy Taylor-Avery. WHEREFORE, Margaret M. Simok, Esquire, of Maria P. Cognetti & Associates, respectfully requests that this Honorable Court grant her request to immediately withdraw as counsel on behalf of Amy Taylor-Avery in the above- captioned matter. Respectfully submitted: MARIA P. COGNETTI & ASSOCIATES Date: August 26, 2011 By: n-V - CV t MARGA M. SIMOK, ESQUIRE Attorney I.D. No. 89633 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff 1 f? 11, CERTIFICATE OF SERVICE I, Margaret M. Simok, Esquire, hereby certify that on August 26, 2011,1 served a true and correct copy of the foregoing Motion to Make Rule Absolute at the address indicated below: Elizabeth J. Saylor, Esquire Law Office of Peter J. Russo, P.C. 5006 East Trindle Road Suite 100 Mechanicsburg, PA 17050 Amy Taylor-Avery 431 Blacklatch Lane Camp Hill, PA 17011 Service by: Personal service via hand delivery X Service by First Class, United States Mail, postage pre-paid, mailed at Camp Hill, Pennsylvania, addressed as indicated above Overnight delivery Service by placing a copy of the above document in counsel's box In the Office of the Prothonotary of County Facsimile service Certified/Registered Mail MARIA P. COGNETTI & ASSOCIATES Date: August 26, 2011 By: MARGARJ& M. SIMOE, ESQUIRE Attorney ID No. 89633 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No.: (717) 909-4060 Attorneys for Plaintiff FILED-OFPICF rrs. _ THE PRCTHON ?T??,?, 2rj1 I SEP - i AM 8.3 I CUMBERLAND COUNTY PENNSYLVANIA AMY TAYLOR-AVERY, Plaintiff V. GILBERT E, PROKOP, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-5906 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE/CUSTODY ORDER 04- AND NOW this -31- 80 day of kn*:T-, 2011, upon consideration of the Motion to Make Rule Absolute, filed by Plaintiff, it is hereby ordered that said Motion is granted and Petitioner, Margaret M. Simok, Esquire is permitted to withdraw her appearance in the above-captioned matter. B e Court: J. Distribution: VElizabeth J. Saylor, Esquire, Law Office of Peter J. Russo, P.C., 5006 East Trindle Road, Suite 100, Mechanicsburg, PA 17050 Margaret M. Simok, Esquire, Maria P. Cognetti & Associations, 210 Grandview Avenue, Suite 102, Camp Hill, PA 17011 ? Amy Taylor-Avery, 431 Blacklatch Lane, Camp Hill, PA 17011 Cvp; e5 th,.I ee? q11111 3 4't _ ABOM cSZ' KLiTLILAKIS Kara W. Haggerty, Esquire Attorney I.D. #: 86914 2 West High Street Carlisle, PA 17013 (717) 249-0900 112 SEP 26 Ply 3: 1'0 PENNSYLVANIA AMY "TAYLOR-AVERY, Plaintiff V. GILBERT E. PROKOP, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2008-5906 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE/CUSTODY TO THE PROTHONOTARY OF SAID COURT: AND NOW, comes the above-named Plaintiff, Amy Taylor-Avery, by and through her attorney, Kara W. Haggerty, Esquire, of Abom & Kutulakis, L.L.P., and wishes to withdraw Count III - Equitable Distribution, Count IV- Support, Alimony Pendente Lite, Alimony, and Count V - Attorney Fees and Costs from the Divorce Complaint that was filed on October 3, 2008, due to the fact that the parties have satisfactorily divided all marital property. Respectfully submitted, DAB 2 Z,- ABOM & KUTULAms, L.L.P. I4?t? Held" C.J Kara W. Haggerty, Esquire Supreme Court ID No. L_?l 2 West High Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for the Plaintiff AND NOW, this 26th day of September, 2012, I, Kara W. Haggerty, Esquire, of ABOM & KUTULAKIS, L.L.P., hereby certify that I did serve a true and correct copy of the foregoing Praecipe to Withdraw Count III - Equitable Distribution, Count IV - Support, Alimony Pendente Lite, Alimony, and Count V - Attorney Fees and Costs of the Divorce Complaint, by First Class Mail addressed to the following: Peter J. Russo, Esquire Law Offices of Peter J. Russo, P.C. 5006 East Trindle Road Suite 203 Mechanicsburg, PA 17050 Attorney for the Defendant DATE 1 126 112- Respectfully submitted, ABOM & KUTULA"s, L.L.P. Kara W. Haggerty, Esquire Supreme Court ID No. 8 1 2 West High Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for the Plaintiff f r o?10 OM & LITLILAKIS NOW- Kara W. Haggerh,, Esquire Attorney LD. #:86914 2 West High Street Carlisle, PA 17013 (717) 249-0900 AMY TAYLOR-AVERY, Plaintiff v. 7312 SEP 26 PM 3' 10 1 `? PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2008-5906 GILBERT E. PROKOP, CIVIL ACTION - LAW Defendant IN DIVORCE 1. A Complaint in divorce under §§ 3301(c) and 3301(d) of the Divorce Code was filed on October 3, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: G AMY TAYLOR-AV)8n, Plaintiff OM & LITLILAKIS Kara W. I laggerty, Esquire Attomey I.D. No.: 86914 2 West High Street Carlisle, Pennsylvania 17013 (717) 249-0900 AMY TAYLOR-AVERY, Plaintiff 2 12 SEP 26 Pty 3. 12 CUMBE LAND COUNT PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA : NO. 2008-5906 V. GILBERT E. PROKOP, Defendant To the Prothonotary: CIVIL ACTION - LAW IN DIVORCE/CUSTODY Transmit the record, together with the following information, to the court for entry of a divorce decree: 1) Ground(s) for Divorce: a) Irretrievable Breakdown under §3301(c) of the Divorce Code. 2) Date and manner of service of the Complaint: a) October 10, 2008 by Acceptance of Service 3) Related claims pending: a) None. 4) Date of execution of the Affidavit of Consent required by 53301(c) of the Divorce Code: a) by Plaintiff: September 20, 2012 ; by Defendant: August 27, 2012 5) Date Waiver of Notice in 53301(c) Divorce was filed with the Prothonotary: a) by Plaintiff: September 21, 2012; by Defendant: September 13, 2012 Respectfully submitted, DATE ?- r 7 Lf 12- ? ABOr & SUTUZ AxrS L.L.P Kara W. Haggerty, Es uir Supreme Court ID # 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff