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HomeMy WebLinkAbout08-5984 ROMINGER & ASSOCIATES 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA ROBERT ICKES, JR Plaintiff No. D ?'- -9 v. Civil Action- Complaint for MELANIE L. LUGO Child Custody Defendant COMPLAINT FOR CUSTODY 1. Plaintiff is Robert Ickes, Jr., (biological father), an adult individual, sui juris, residing at 17 Garden Parkway, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Melanie L. Lugo, (biological mother), an adult individual, sui juris, with a current mailing address of 123 Stone House Road, Carlisle, Cumberland County, Pennsylvania 17015. 3. Plaintiff seeks custody of the following child: Name Address Age Lexis Marie Ickes 123 Stone House Road 3 y/o (DOB: 3-19-05) Carlisle, PA 17015 4. The child was born out of wedlock. 5. The child is presently in the primary physical custody of Defendant, Melanie L. Lugo (natural mother), 123 Stone House Road, Carlisle, Cumberland County, Pennsylvania 17015. 6. During the last five years the child has resided with the following persons and at the following addresses: i Name Address Date Melanie Lugo 123 Stone House Road October 2007 to Albert Lugo Carlisle, PA 17015 present Linda Lugo Kristin Lugo Robert Ickes, Jr 612 Heritage Court 5-07 to 10-07 Melanie Lugo Mechanicsburg, PA 17055 Robert Ickes, Jr 1425 Apple Drive #13 6-06 to 5-07 Melanie Lugo Mechanicsburg, PA 17050 Melanie Lugo 20 Hoover Road birth 6-06 Albert Lugo Carlisle, PA 17013 Linda Lugo 7. The mother of the child is Melanie Lugo. 8. She is single. 9. The father of the child is Robert Ickes, Jr. 10. He is single. 11. The relationship of Plaintiff to the child is that of natural father. The Plaintiff currently resides with the following persons: Name Relationship Ernest Petty Step father Cheryl Ann Petty Mother 12. The relationship of Defendant to child is that of natural mother. The Defendant currently resides with the following persons: Name Relationship Albert Lugo Maternal grandfather Linda Lugo Maternal grandmother Kristin Lugo Aunt 13. Plaintiff, Robert Ickes, Jr., is represented by Lee E. Oesterling, Esquire in regard to this matter. 14. Defendant, Melanie Lugo, may be represented in this matter, however, at this time specific counsel is not known in regard to this matter. 15. Plaintiff has no information of another custody proceeding concerning the child pending in a Court of this Commonwealth. 16. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 17. The best interest and permanent welfare of the child will be served by granting the relief requested because: 18. Plaintiff has been a responsible custodian and caregiver of the child 19. Plaintiff has maintained a relationship with the child that has provided for the child's physical, intellectual, emotional and spiritual well being. 20. Plaintiff believes that the child needs a more consistent custody arrangement that provides for set times during the week and weekend and leisure time with the child. 21. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, named who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: Name Address Basis of Claim NONE 22. A copy of this Complaint has been served on Defendant by certified and fast class Mail. WHEREFORE, Plaintiff, Robert Ickes, Jr, requests the court grant him custody of the child. Respectfully Submitted, Supreme Court ID # 71320 155 South Hanover Street Carlisle, PA 17013 (717)241-6070 Attorney for Plaintiff VERIFICATION I verify that upon personal knowledge or information and belief that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unworn falsification to authorities. Pla ntiff Date: ROMINGER & ASSOCIATES 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 IN THE COURT OF COMMON PLEAS OF THE 9th JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA ROBERT ICKES, JR. Plaintiff, V. MELANIE L. LUGO Defendant : No. Civil Term Civil Action - Custody CERTIFICATE OF SERVICE BY CERTIFIED AND FIRST CLASS MAIL Lee E. Oesterling, Esquire, attorney for Plaintiff in the above-captioned Divorce, deposes and says that he mailed a copy of the Custody Complaint and Order to Attend Custody Conference filed in this matter by certified mail, restricted delivery, and first class mail to the Defendant, Melanie L. Lugo at 123 Stone House Road, Carlisle, PA 17015 on October 6s 2008. Lee E. Oestetl r?i , Esquire 155 South Hanover Street Carlisle, PA 17013 (717)241-6070 Attorney for Plaintiff ,4? r? (\ ?` ?-; } V [ 'V --. ROBERT ICKES, JR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MELANIE L. LUGO DEFENDANT 2008-5984 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Friday, October 10, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, November 20, 2008 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Hubert X. Gilroy, Es q. j kJ 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 /Fvw * JgT ur n(j,. 11 L c :1 wi c 1 130 OUR AWQK?Odd 3FIL JO 101±. ROBERT ICKES, JR., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-5984 MELANIE L. LUGO, : CIVIL ACTION - LAW Defendant : IN CUSTODY PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of John J. Connelly, Jr., Esquire, on behalf of the Defendant, Melanie L. Lugo, in the above-captioned action. Date: 10-10-07 Post Office Box 650 By: Jo o lly, Jr., Esquir Pcf??' A y 15615 Hershey, PA 17033 (717) 533-3280 2 % Film 3 NOV Z 4 Z008?1- ROBERT ICKES, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY. PENNSYLVANIA VS. : CIVIL ACTION - LAW MELANIE L. LUGO, NO. 2008-5984 Detendant IN CUSTODY COURT ORDER AND NOW, this day of N ew? , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The father, Robert Ickes, Jr., and the mother, Melanie L. Lugo, shall enjoy shared legal custody of Lexis Marie Ickes born March 19, 2005. 2. The Mother shall enjoy primary physical custody of the minor child. 3. The Father shall enjoy periods of temporary physical custody with the minor child as follows: A. On alternating weekends from 4:00 p.m. on Friday until 4:00 p.m. on Sunday. B. At least one evening per week from 4:00 p.m. until 7:30 p.m. This evening shall be Wednesday unless agreed otherwise by the parties. Father shall notify Mother by 6:00 p.m. of the Sunday before each Wednesday if Father intends to modify the weekday. C. At such other times as agreed. 4. During the summer months, Father shall also have up to three non-consecutive weeks of summer vacation with the minor child subject, however, to the understanding that Father shall be off work and shall be spending time with the minor child. Father shall give the Mother at least thirty (30) days notice as to when he will exercise vacation with the understanding the Mother will notify Father if she makes plans for her own summer vacation so that Father is aware of what particular weeks will not be available to him. The week of vacation for either party would include that party's weekend under the custody schedule set forth above. It is understood that Mother has a similar three-week vacation time frame. 5. Holidays shall be handled as follows: A. For the Thanksgiving holiday each year, Father shall have custody of the minor child from Tuesday at 4:00 p.m. until Thursday, Thanksgiving day. at noon. Mother shall have custody every Thanksgiving from noon on Thanksgiving day through 4:00 p.m. on Friday. The weekend for Thanksgiving shall be handled subject to the alternating weekend schedule. B. For the Christmas holiday, the parties shall work between themselves to set a schedule each year. However, it is understood that Father will have the child for a minimal time starting on December 23rd through an agreed upon time in the evening on Christmas Eve, with Mother having the child from Christmas Eve through Christmas Day. C. For Halloween, the parties shall alternate that evening with Father having the evening on even years and Mother having the evening on odd years. U. The parties shall alternate custody on the following holidays: New Year's Day, Faster, Memorial Day, July 4`h and Labor Day. Mother shall have New Year's 2009 with the time being from 9:00 a.m. until 7:00 p.m., unless agreed otherwise by the parties. E. The Mother shall always have custody on Mother's Day and the Father shall always have custody on Father's Day with the time frame being from 4:00 p.m. on Saturday through 4:00 p.m. on Sunday. This provision shall supersede the alternating weekend schedule. 6. For exchange of custody and under circumstances where the child is not being picked up at daycare, the non-custodial parent shall pick the child up at the other parent's home. 7. This Order is entered pursuant to an agreement reached by the parties at a custody conciliation conference. If the parties agree, they may modify the custody schedule between themselves. Absent an agreement, the schedule set forth above shall control, In the event either party desires to modify this Order, that party may petition the Court to have the case again schedule the custody Conciliator for a conference. BY '.R 4 Judge cc: Lee F. Oesterling. Esquire John J. Connelly, Jr., Esquire '? Alp, ROBERT ICKES, JR.. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA ks. CIVIL. ACTION - LAW MELANIE L. LUGO. : NO. 2008-5981 Defendant IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the child who is the subject of this litigation is as follows: Lexis Marie Ickes, born March 19, 2005 2. A Conciliation Conference was held on November 20, 2008, with the following individuals in attendance: The mother, Melanie L. Lugo, who appeared with her counsel, John J. Connelly, Jr., Esquire, and the father, Robert Ickes, Jr., with his counsel, Lee E. Oesterling Esquire. 3. The parties agreed to the entry of an Order in the form as attached. 9 Date: November, 2008 9 Hubert X. Gilroy, E§' quire Custody Conciliator John J.Connelly,Jr.,Esquire Attorney I.D.No.,15615 JSDC Law Offices P.O.Box,650 Hershey,PA 17033 Attorneys for Defendant ROBERT ICKES,JR., : IN THE COURT OF COMMON PLEAS Plaintiff/Respondent : CUMBERLAND COUNTY,PENNSYLVANIA V. : NO. 08-5984 c q C- M L. LUGO nWa, ! ? - MELANIE L. RASMUSSEN, : CIVIL ACTION= LAW Defendant/Petitioner : IN CUSTODY <?_ E} a t" PETITION TO MODIFY CUSTODY ORDER ° s cry AND NOW, comes the above-named Petitioner, Melanie L. Lugo, now known as Melanie L. Rasmussen,by and through her counsel, John J. Connelly, Jr., Esquire, JSDC Law Offices, and respectfully requests this Honorable Court to modify the Custody Order currently in place, and in support thereof avers the following: 1. Petitioner is Melanie L. Rasmussen, formerly known as Melanie L. Lugo, (hereinafter referred to as "Petitioner"), Defendant in the above-referenced matter, who resides at 1481 McClures Gap Road, Carlisle, Cumberland County, Pennsylvania 17015. 2. Respondent is Robert Ickes, Jr. (hereinafter referred to as "Respondent"), Plaintiff in the above-referenced matter, who resides at 36 East North Street, Apartment A, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are the natural parents of one minor child, namely Lexis Marie Ickes, born March 19, 2005. The child is currently 8 years old. /9?it r7 5-s- 17 V130 0 4. An Order of Court regarding the custody of the minor child was entered on November 25, 2008. A copy of said Order is attached hereto and marked as Exhibit"A". 5. Since the date of the entry of the Order, circumstances have changed warranting a significant change in the current Order. 6. Respondent in the past has been diagnosed with depression and bi-polar disorder and has been hospitalized in both an in-patient and out-patient program. His most recent treatment is provided through Roxbury Treatment Center, a psychiatric facility in Shippensburg, Pennsylvania. 7. Respondent, as well as his mother, Cheryl Petty, communicated to Petitioner that it was recommended that Respondent undergo in-patient treatment at Roxbury for his condition. Given Respondent's mental instability, it is not in the best interest of the parties' minor child to be around him at this time. 8. In spite of the fact that Respondent represented to the Petitioner that he was going in to Roxbury,he has now failed and refused to do so. 9. In approximately April 2011, the Respondent married Stephanie Ickes. She has three(3) children of her own who reside with the Respondent. The children are a girl age 6, a boy age 8 and a girl age 11. 10. The parties' minor child reports to the Petitioner that the Respondent and his wife frequently argue violently and strike each other, all of this occurring in front of both the parties' minor child and the other children. 11. Approximately three or four months ago,the parties' minor child came home after a weekend with the Respondent covered in flea bites. The Respondent insisted they were not flea bites but that the parties' minor child had chicken pox. When Petitioner took the parties' minor child to the doctor it was confirmed that they were flea bites. Over the next several visits, she continued to be exposed to the fleas because the Respondent had difficulty in eradicating the problem. 12. The Respondent does not work and has had difficulty in seeking and maintaining employment. 13. In spite of the fact that the parties' minor child has asthma, and the Respondent is aware of it, they smoke in his household and this has continued to cause the parties' minor child difficulties. 14. When Lexi is with Respondent, all four children sleep in a top and bottom bunk bed with the three girls sleeping in the bottom bunk and the boy sleeping in the top bunk. This sleeping arrangement is unacceptable in additional to all the other problems referenced herein. The parties' minor child reports that she cannot sleep and is constantly being kicked by the other children during the night. 15:- Because of the circumstances referenced herein, the minor child has refused to go on visits with the Respondent unless she is forced by Petitioner. As recently as Friday, August 2, 2013, Lexi became extremely upset, refused to go and told the Respondent on the telephone that she did not want to come at which time he hung up on her. 16. Given the Respondent's refusal to return to mental health treatment and given the violent arguments that occur in the household as well as.the other issues raised in this Petition, it is the minor child's best interest that a psychological evaluation be done to determine how best to maintain the Respondent in the life of his child without exposing her to the difficulties referenced in this Petition. 17. It is imperative that a prompt custody conciliation be scheduled in order to address the issues raised in this Petition. The Petitioner believes and therefore avers that pending the completion of a psychological/psychiatric evaluation, that all visits with the Respondent should occur at his mother's home who has a good relationship with the child and is willing to allow the Respondent access to the child to occur at her residence located at 17 Garden Parkway, Carlisle, Pennsylvania 17013 where she will provide supervision. 18. Pursuant to Cumberland County Rules of Civil Procedure No. 208.2(d), it is believed that Respondent/Respondent's counsel does not concur in this Petition. 19. Pursuant to Cumberland County Rules of Civil Procedure No. 208.3(a)(2), requiring Motions to state whether or not a Judge has ruled upon any other issue in the same or related matter, there has been prior involvement by the Court in this matter assigned to the Honorable Edward E. Guido. WHEREFORE, for the foregoing reasons, Petitioner/Mother respectfully requests this Honorable Court to modify the current Custody Order dated November 25, 2008. Respectfully submitted, JSDC Law Offices Dated: August 9, 2013 By: J � onne y,Jr. A rney . . #15615 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Defendant/Petitioner, Melanie L. Rasmussen VERIFICATION I,Melanie L. Rasmussen,verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject-to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: Melanie L. Rasmussen EXHIBIT "A" ROBERT ICKES, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW MELANIE L. LUGO, NO. 2008-5984 Defendant IN CUSTODY COURT ORDER AND NOW, this day.of 200 8, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The father, Robert Ickes, Jr., and the mother, Melanie L. Lugo, shall enjoy shared legal custody of Lexis Marie Ickes born March 19, 2005. 2. The Mother shall enjoy primary physical custody of the minor child. 3. The Father shall enjoy periods of temporary physical custody with the minor child as follows: A. On alternating weekends from 4:00 p.m. on Friday until 4:00 p.m. on Sunday. B. At least one evening per week from 4:00 p.m. until 7:30 p.m. This evening shall be Wednesday unless agreed otherwise by the parties. Father shall notify Mother by 6:00 p.m. of the Sunday before each Wednesday if Father intends to modify the weekday. C. At such other times as agreed. 4. During the summer months,Father shall also have up to three non-consecuti ve weeks of summer vacation with the minor child subject, however,to the understanding that Father shall be off work and shall be spending time with the minor child. Father shall give the Mother at least thirty (30) days notice as to when he will exercise vacation with the understanding the Mother will notify Father if she makes plans for her own summer vacation so that Father is aware of what particular weeks will not be available to him. The week of vacation for either party would include that party's weekend under the custody schedule set forth above. It is understood that Mother has a similar three-week vacation time fi•ame. 5. Holidays shall be handled as follows: A. For the Thanksgiving holiday each year, Father shall have custody of the minor child from Tuesday at 4:00 p.m. until Thursday, Thanksgiving day. at noon. Mother shall have custody every "Thanksgiving fi•om noon on Thanksgiving day through 4:00 p.m. on Friday. The weekend for "Thanksgiving shall be handled subject to the alternating weekend schedule. B. For the Christmas holiday, the parties shall work between themselves to set a schedule each year. However, it is understood that Father will have the child for a minimal time starting on December 23'd through an agreed upon time in the evening on Christmas Eve, with Mother having the child from Christmas Eve through Christmas Day. C. For Halloween, the parties shall alternate that evening with Father having the evening on even years and Mother having the evening on odd years. D. ']'he parties shall alternate custody on the following holidays: New Year's Day, Easter, Memorial Day, July 4"' and Labor Day. Mother shall have New Year's 2009 with the time being from 9:00 a.m. until 7:00 p.m., unless agreed otherwise by the parties. E. The Mother shall always have custody on Mother's Day and the Father shall always have custody on Father's Day with the time frame being from 4:00 p.m. on Saturday through 4:00 p.m. on Sunday. This provision shall supercede the alternating weekend schedule. 6. For exchange of custody and under circumstances where the child is not being picked up at daycare, the non-custodial parent shall pick the child up at the other parent's home. 7. This Order is entered pursuant to an agreement reached by the parties at a custody conciliation conference. If the parties agree, they may modify the custody schedule between themselves. Absent an agreement, the schedule set forth above shall control. In the event eithcr party desires to modify this Order, that party may petition the Court to have the case again scheduled with the custody Conciliator for a conference. 13 Y T Judge cc: Lee E. Oesteding. l;squire a.,itirnony wwroof, I bare unto sdi rdy how John J. Connelly, ,Jr., Esquire ;did the SW Of Said GOUT. 161161 PL ROBERT 1CICES, JR.. IN THE COURT OF COMMON PLEAS OF Plaintiff CtJMBIRLAND COIJN'1'Y. PENNSYLVANIA vs. CIVIL. ACTION - LAW MELANIE L. LUOO. ; NO. 2008-5984 Defendant IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b),.the undersigned Custody Conciliator submits the following report: I. The pertinent information pertaining to the child who is the subject of this litigation is as follows: I.,exis Marie Ickes, born March 19, 2005 2. A Conciliation Conference was held on November 20, 2008, with the following individuals in attendance: The mother, Melanie L. Lugo, who appeared with her counsel, John J. Connelly, Jr., Esquire, and the father, Robert Ickes, Jr., with his counsel, Lee E. Oesterling Esquire. 3. The parties agreed to the entry of an Order in the form as attached. rt Date: November � , 2008 ,�' ,•' r � _ Hubert X. Gilroy, Esquire Custody Conciliator F, ROBERT ICKES,JR., : IN THE COURT OF COMMON PLEAS Plaintiff/Respondent : CUMBERLAND COUNTY,PENNSYLVANIA V. : NO. 08-5984 MELANIE L. LUGO n/k/a, MELANIE L. RASMUSSEN, : CIVIL ACTION- LAW Defendant/Petitioner : IN CUSTODY CERTIFICATE OF SERVICE I, John J. Connelly, Jr.,Esquire,of JSDC Law Offices, attorney for the Defendant,Melanie L. Rasmussen,hereby certify that I have served a copy of the foregoing Petition to Modify Custody Order on the following on the date and in the manner indicated below: VIA U.S.MAIL,FIRST CLASS,PRE-PAID Lee E. Oesterling, Esquire Oesterling&Armbruster 503 Bridge Street, Suite 212. New Cumberland, PA 17070 Robert Ickes, Jr. 36 East North Street Apartment A Carlisle, PA 17013 JSDC Law Offices Dated: August 9, 2013 By: /Jo .-Co lly,Jr. ttorn #15615 P.O.Box 650 Hershey,PA 17033-0650 (717) 533-3280 Attorneys for Defendant/Petitioner, Melanie L. Rasmussen John J.Connelly,Jr.,Esquire Attorney I.D.No. 15615 JSDC Law Offices P.O.Box 650 Hershey,PA 17033 Attorneys for Defendant ROBERT ICKES,JR., : IN THE COURT OF COMMON PLEAS Plaintiff/Respondent : CUMBERLAND COUNTY,PENNSYLVANIA i. V. :NO. 08-5984 MELANIE L. LUGO n/k/a, r .-,• MELANIE L. RASMUSSEN, : CIVIL ACTION- LAW `,' Defendant/Petitioner : IN CUSTODY , ,. i ..r". PETITION FOR EMERGENCY RELIEF AND NOW, comes the above-named Petitioner, Melanie L. Lugo, now known as Melanie L. Rasmussen,by and through her counsel, John J. Connelly, Jr., Esquire, JSDC Law Offices, and files this Petition for Emergency Relief and in support thereof avers the following: 1: Petitioner is Melanie L. Rasmussen, formerly known as Melanie L. Lugo, (hereinafter referred to as "Mother"), Defendant in the above-captioned custody matter, who resides at 1481 McClures Gap Road, Carlisle, Cumberland County, Pennsylvania 17015. 2. Respondent is Robert Ickes, Jr. (hereinafter referred to as "Father"), Plaintiff in the above-captioned custody matter, who resides at 36 East North Street, Apartment A, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are the natural parents of one minor child, namely Lexis Marie Ickes, t born March 19, 2005. The child is currently 8 years old. 4. The minor child is the subject of a Custody Order entered by this Court on November 25, 2008, where Mother enjoys primary physical custody of the minor child, and :�d3. oopc/ c#i7-7e6 -17%Wj � 1 Father enjoys periods of partial physical custody on alternating weekends from 4:00 p.m. on Friday until 4:00 p.m. on Sunday and on each Wednesday evening from 4:00 p.m. to 7:30 p.m. Said Custody Order is attached hereto and marked as Exhibit"A". Father has not exercised his Wednesday evening periods of custody in the past. 5. On August 12, 2013, Mother filed a Petition to Modify Custody Order, requesting a psychological/psychiatric evaluation of Father, and pending an evaluation, requesting that all visits with Father and the minor child occur at Paternal Grandmother's home. Said Petition is attached hereto and marked as Exhibit"B". 6. The undersigned counsel forwarded a letter dated August 9, 2013 to Father, a copy of which is attached hereto and marked as Exhibit"C". in the correspondence, counsel made it clear to Father that an Emergency Petition would be filed if he failed to cooperate. Because of Father's reaction to the Petition for Modification, this Emergency Petition was filed. 7. As averred in Mother's Petition to Modify Custody Order, Father been diagnosed with depression and bi-polar disorder and has been hospitalized in the past in both in-patient and out-patient programs. Father's most recent treatment is provided through Roxbury Treatment Center, a psychiatric facility in Shippensburg, Pennsylvania. 8. Given Father's mental instability, and the minor child's living conditions while at Father's residence as specifically described in Mother's Petition to Modify Custody Order, Mother believes, and therefore avers, that it is not in the best interests of the parties' minor child to exercise his scheduled periods of partial physical custody at this time without supervision. 9. Specifically,Mother's Petition to Modify Custody Order requests that all future visits with Father and the minor child take place at the home of:Paternal Grandmother, Cheryl Petty, located at 17 Garden Parkway, Carlisle, Pennsylvania, with Paternal Grandmother as supervisor during Father's regularly scheduled custodial periods, pending the completion of a psychological/psychiatric evaluation and any recommendation regarding a future custodial arrangement. 10. Paternal Grandmother is willing to be the supervisor for Father's custodial periods, and she has communicated to the undersigned counsel that she believes the custodial periods should take place in her home, as opposed to Father's home, because she believes that Father's home is an unsafe environment for the minor child. r. 11. The child becomes hysterical every time she is required to go with Father, and for the weekend of August 2, 2013, in a hysterical state, she refused to go. At that time, the minor child communicated to her Father that she was extremely upset, and that she does not want to go to Father's residence for her custodial periods of partial physical custody in the future. 12. The minor child has been attending counseling with Lisa Bechtel, LPC, RPT-S, of Franco Psychological Associates, P.C., Carlisle, Pennsylvania for approximately three years in order to help deal with the issues with her Father. In spite of the counseling, she is still extremely upset about attending the visits. As part of the evaluation process, the counselor could have input with any expert appointed to discuss how the problems expressed in counseling can i be corrected. 13. By correspondence dated August 9, 2013, the undersigned counsel requested of Father that his scheduled periods of custodial time with the minor child occur at his Mother's home pending completion of a psychological/psychiatric evaluation. Despite this request, Father has insisted through text message.to Mother that he will be picking up the minor child as i scheduled for his custodial weekday visit on Wednesday, August 14; 2013, as well as this Friday, c k, i. s August 16, 2013 for the weekend. As referenced in paragraph 4 hereof, Father has not been exercising his Wednesday visits until served with the Petition for Modification. t 14. Based on the mental health history of Father, and the living conditions at Father's residence, Mother believes, and therefore avers, that it is in the child's best interest to suspend Father's eriods of custody until further Order of Court or in the alternative allow Father access p Y to the minor child during his regularly scheduled periods of custody at Paternal Grandmother's residence, with Paternal Grandmother serving as a supervisor during these periods,until further Order of Court. 15. Pursuant to Cumberland County Rules of Civil Procedure No. 208.2(d), it is believed that Father/Father's counsel does not concur in the within Petition for Emergency Relief. 16. Pursuant to Cumberland County Rules of Civil Procedure No. 208.3(a)(2), the Honorable Edward E. Guido entered the current Custody Order dated November 25, 2008 in the above-captioned custody matter. WHEREFORE, for the foregoing reasons,Petitioner/Mother respectfully requests this Honorable Court to enter an Order: (a) Suspending the Order of November 25, 2008; (b) Requiring Father to.undergo a psychological/psychiatric evaluation; (c) Pending entry of a subsequent Order, directing that all visits be supervised by Paternal Grandmother, Cheryl Petty, at her residence located at 17 Garden Parkway, Carlisle, Pennsylvania; and (d) Granting any other appropriate relief. k. . i Respectfully submitted, JSDC Law Offices Dated: August 13,2013 By: J 9. #15615 r. A rne P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 i Attorneys for Defendant/Petitioner, Melanie L. Rasmussen i VERIFICATION I,Melanie L. Rasmussen,verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: '" Melanie L. Rasmussen I 1 EXHIBIT "A iL ROBERT ICKES, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW MELANIE L. LUGO, NO. 2008-5984 Defendant IN CUSTODY COURT ORDER AND NOW, this day of e4*�^ 200$, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The father, Robert Ickes, Jr., and the mother, Melanie L. Lugo, shall enjoy shared legal custody of Lexis Marie Ickes born March 19, 2005. 2. The Mother shall enjoy primary physical custody of the minor child. 3. The Father shall enjoy periods of temporary physical custody with the minor child as follows: A. On alternating weekends from 4:00 p.m. on Friday until 4:00 p.m. on Sunday. B. At least one evening per week from 4:00 p.m. until 7:30 p.m. This evening shall be Wednesday unless agreed otherwise by the parties. Father shall notify Mother by 6:00 p.m. of the Sunday before each Wednesday if Father intends to modify the weekday. C., At such other times as agreed. 4. During the summer months,Father shall also have up to three non-consecutive weeks of summer vacation with the minor child subject,however,to the understanding that Father shall be off work and shall be spending time with the minor child. Father shall give the Mother at least thirty (30) days notice as to when he will exercise vacation with the understanding the Mother will notify Father if she makes plans for her own summer vacation so that Father is aware of what particular weeks will not be available to him. The week of vacation for either party would include that party's weekend under the custody schedule set forth above. It is understood that Mother has a similar three-week vacation time frame. 5. Holidays shall be handled as follows: A. For the Thanksgiving holiday each car, Father y shall have custody of the minor child from Tuesday at 4:00 p.m. until Thursday, Thanksgiving day. L at noon. Mother shall have Custody every Thanksgiving from noon on Thanksgiving day through 4:00 p.m. on Friday. The weekend for Thanksgiving shall be handled subject to the alternating weekend schedule. B. For the Christmas holiday, the parties shall work between themselves to set a schedule each year. However, it is understood that Father will have the child for a minimal time starting on December 23' through an agreed upon time in the evening on Christmas Eve, with Mother having the child from Christmas Eve through Christmas Day. C. For Halloween, the parties shall alternate that evening with Father having the evening on even years and Mother having the evening on odd years. D. The parties shall alternate custody on the following holidays: New Year's Day, Easter, Memorial Day, July 4" and Labor Day. Mother shall have New Year's 21009 with the time being from 9:00a.m. until 7:00 p.m., unless agreed otherwise by the parties. E. The Mother shall always have custody on Mother's Day and the Father shall always have custody on Father's Day with the time frame being from 4:00 p.m. on Saturday through 4:00 p.m. on Sunday. This provision shall supercede the alternating weekend schedule. 6. For exchange of custody and under circumstances where the child is not being picked up at daycare, the non-custodial parent shall pick the child up at the other parent's home. 7. This Order is entered pursuant to an agreement reached by the parties at a custody conciliation conference. If the parties agree, they may modify the custody schedule between themselves. Absent an agreement, the schedule set forth above shall control. In the event either party desires to modify this Order, that party may petition the Court to have the case again scheduled with the custody Conciliator for a conference. BY P Judge C C Lee E. Oesterling. Esquire #7's-Istimorly Whorow I hw#Uffie"t to him John .1. Connelly, Jr., 1.-Esquire Ad W SW of SO Coed A ­ III# PC 2 ��wrs 11 MOMMIN W&V ROBERT 1CKES, JR., 1N THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL. ACTION - LAW MELANIE L. LUGO, : NO. 2008-5984 Defendant IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b),-the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Lewis Marie Ickes, born March 19, 2005 2. A Conciliation Conference was held on November 20, 2008, with the following individuals in attendance: The mother, Melanie L. Lugo, who appeared with her counsel, John J. Connelly, Jr., Esquire, and the father, Robert Ickes, Jr., with his counsel, Lee E. Oesterling Esquire. 3. The parties agreed to the entry of an Order in the form as attached. Date: November?J,2008 i Hubert X. Gilroy, Psquire Custody Conciliator r, EXHIBIT. "B" ROBERT ICKES,JR., : IN THE COURT OF COMMON PLEAS Plaintiff/Respondent : CUMBERLAND COUNTY,PENNSYLVANIA V. NO. 08-5984 MELANIE L. LUGO n/k/a, MELANIE L. RASMUSSEN, : CIVIL ACTION-LAW Defendant/Petitioner : IN CUSTODY ORDER OF COURT AND NOW,upon consideration of the attached Petition to Modify Existing Custody Order, it is hereby directed that the parties and their respective counsel appear before, Esquire, the Conciliator, on the day of 2013, at —.M., at the 4th Floor, Cumberland County Courthouse, Carlisle, Pennsylvania, for a Pre-Hearing Custody Conference. At such Conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court,and to enter into a Temporary Order. All children age five or older may also be present at the Conference. Failure to appear at the Conference may provide grounds for the entry of a temporary or permanent Order. For the Court, Date of Order: By: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. 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 Phone: (717) 249-3166 Distribution, John J. Connelly,Jr., Esquire,P.O. Box 650,Hershey,PA 17033 Lee E. Oesterling, Esquire, 503 Bridge Street, Suite 212,New Cumberland,PA 17070 Robert Ickes, Jr., 36 East North Street,Apartment A, Carlisle, PA 17013 John J.Connelly,Jr.,Esquire Attorney I.D.No. 15615 JSDC Law Offices P.O.Box 650 Hershey,PA 17033 Attorneys for Defendant ROBERT ICKES,JR., : IN THE COURT OF COMMON PLEAS Plaintiff/Respondent : CUMBERLAND COUNTY,PENNSYLVANIA V. :NO. 08-5984 MELANIE L. LUGO n/k/a, MELANIE L. RASMUSSEN, : CIVIL ACTION-LAW Defendant/Petitioner : IN CUSTODY PETITION TO MODIFY CUSTODY ORDER AND NOW, comes the above-named Petitioner, Melanie L. Lugo,now known as Melanie L. Rasmussen,by and through her counsel, John J. Connelly, Jr., Esquire,JSDC Law Offices, and respectfully requests this Honorable Court to modify the Custody Order currently in place, and in support thereof avers the following: 1. Petitioner is Melanie L. Rasmussen, formerly known as Melanie L. Lugo, (hereinafter referred to as "Petitioner"), Defendant in the above-referenced matter,who resides at 1481 McClures Gap Road, Carlisle, Cumberland County, Pennsylvania 17015. 2. Respondent is Robert Ickes,Jr. (hereinafter referred to as"Respondent"),Plaintiff in the above-referenced matter,who resides at 36 East North Street,Apartment A,Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are the natural parents of one minor child, namely Lexis Marie Ickes, born March 19, 2005. The child is currently 8 years old. 4. An Order of Court regarding the custody of the minor child was entered on November 25,2008. A copy of said Order is attached hereto and marked as Exhibit"A". 5. Since the date of the entry of the Order, circumstances have changed warranting a significant change in the current Order. 6. Respondent in the past has been diagnosed with depression and bi-polar disorder and has been hospitalized in both an in-patient and out-patient program. His most recent treatment is provided through Roxbury Treatment Center, a psychiatric facility in Shippensburg, Pennsylvania. 7. Respondent, as well as his mother, Cheryl Petty, communicated to Petitioner that it was recommended that Respondent undergo in-patient treatment at Roxbury for his condition. Given Respondent's mental instability, it is not in the best interest of the parties' minor child to be around him at this time. 8. In spite of the fact that Respondent represented to the Petitioner that he was going in to Roxbury,he has now failed and refused to do so. 9. In approximately April 2011,the Respondent married Stephanie Ickes. She has three(3) children of her own who reside with the Respondent. The children are a girl age 6, a boy age 8 and a girl age 11. 10. The parties' minor child reports to the Petitioner that the Respondent and his wife frequently argue violently and strike each other, all of this occurring in front of both the parties' minor child and the other children. 11. Approximately three or four months ago,the parties' minor child came home after a weekend with the Respondent covered in flea bites. The Respondent insisted they were not flea bites but that the parties' minor child had chicken pox. When Petitioner took the parties' minor child to the doctor it was confirmed that they were flea bites. Over the next several visits, she continued to be exposed to the fleas because the Respondent had difficulty in eradicating the problem. 12. The Respondent does not work and has had difficulty in seeking and maintaining employment. 13. In spite of the fact that the parties' minor child has asthma, and the Respondent is aware of it,they smoke in his household and this has continued to cause the parties' minor child difficulties. 14. When Lexi is with Respondent, all four children sleep in a top and bottom bunk bed with the three girls sleeping in the bottom bunk and the boy sleeping in the top bunk..This sleeping arrangement is unacceptable in additional to all the other problems referenced herein. The parties' minor child reports that she cannot sleep and is constantly being kicked by the other children during the night. 15. Because of the circumstances referenced herein,the minor child has refused to go on visits with the Respondent unless she is forced by Petitioner. As recently as Friday,August 2, 2013, Lexi became extremely upset,refused to go and told the Respondent on the telephone that she did not want to come at which time he hung up on her. 15. Given the Respondent's refusal to return to mental health treatment and given the violent arguments that occur in the household as well as the other issues raised in this Petition, it is the minor child's best interest that a psychological evaluation be done to determine how best to maintain the Respondent in the life of his child without exposing her to the difficulties referenced in this Petition. i 17. It is imperative that a prompt custody conciliation be scheduled in order to address the issues raised in this Petition. The Petitioner believes and therefore avers that pending the completion of a psychological/psychiatric evaluation, that all visits with the Respondent should occur at his mother's home who has a good relationship with the child and is willing to allow the Respondent access to the child to occur at her residence located at 17 Garden Parkway, Carlisle, Pennsylvania 17013 where she will provide supervision. 18. Pursuant to Cumberland County Rules of Civil Procedure No. 208.2(d), it is believed that Respondent/Respondent's counsel does not concur in this Petition. 19. Pursuant to Cumberland County Rules of Civil Procedure No. 208.3(a)(2), requiring Motions to state whether or not a Judge has ruled upon any other issue in the same or related matter,there has been prior involvement by the Court in this matter assigned to the Honorable Edward E. Guido. WHEREFORE,for the foregoing reasons, Petitioner/Mother respectfully requests this Honorable Court to modify the current Custody Order dated November 25, 2008. Respectfully submitted, JSDC Law Offices Dated: August 9,2013 By: J onne A rney . #15615 P.O. Box 650 Hershey,PA 17033-0650 (717) 533-3280 Attorneys for Defendant/Petitioner, Melanie L. Rasmussen VERIFICATION I,Melanie L. Rasmussen,verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Date: Melanie L. Rasmussen EXHIBIT "A" N Z", ot ROBERT ICKES, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW MELANIE L. LUGO, NO. 2008-5984 Defendant IN CUSTODY COURT ORDER AND NOW, this day.of 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The father, Robert Ickes, Jr., and the mother, Melanie L. Lugo, shall enjoy shared legal custody of Lexis Marie Ickes born March 19, 2005. 2. The Mother shall enjoy primary physical custody of the minor child. 3. The Father shall enjoy periods of temporary physical custody with the minor child as follows: A. On alternating weekends from 4:00 p.m. on Friday until 4:00 p.m. on Sunday. B. At least one evening per week from 4:00 p.m. until 7:30 p.m. This evening shall be Wednesday unless agreed otherwise by the parties. Father shall notify Mother by 6:00 p.m. of the Sunday before each Wednesday if Father intends to modify the weekday. C. At such other times as agreed. 4. During the summer months,Father shall also have up to three non-consecutive weeks of summer vacation with the minor child subject,however,to the understanding that Father shall be off work and shall be spending time with the minor child. Father shall give the Mother at least thirty (30) days notice as to when he will exercise vacation with the understanding the Mother will notify Father if she makes plans for her own summer vacation so that Father is aware of what particular weeks will not be available to him. The week of vacation for either party would include that party's weekend under the custody schedule set forth above. It is understood that Mother has a similar three-week vacation time frame. 5. Holidays shall be handled as follows: A. For the Thanksgiving holiday each year, Father shall have custody of the minor child from Tuesday at 4:00 p.m. until Thursday, Thanksgiving day. at noon. Mother shall have Custody every Thanksgiving from noon on Thanksgiving day through 4:00 p.m. on Friday. The weekend for Thanksgiving shall be handled subject to the alternating weekend schedule. B. For the Christmas holiday, the parties shall work between themselves to set a schedule each year. However, it is understood that Father will have the child for a minimal time starting on December 23' through an agreed upon time in the evening on Christmas Eve, with Mother having the child from Christmas Eve through Christmas Day. C. For Halloween, the parties shall alternate that evening with Father having the evening on even years and Mother having the evening on odd years. D. The parties shall alternate custody on the following holidays: New Year's Day, Easter, Memorial Day, July 4" and Labor Day. Mother shall have New Year's 2009 with the time being from 9:00 a.m. until 7:00 p.m., unless agreed otherwise by the parties. E. The Mother shall always have custody on Mother's Day and the Father shall always have custody on Father's Day with the time frame being from 4:00 p.m. on Saturday through 4:00 p.m. on Sunday. This provision shall supersede the alternating weekend schedule. 6. For exchange of custody and under circumstances where the child is not being picked up at daycare, the non-custodial parent shall pick the child up at the other parent's home. 7. This Order is entered pursuant to an agreement reached by the parties at a custody conciliation conference. If the parties agree, they may modify the custody schedule between themselves. Absent an agreement, the schedule set forth above shall control. In the event either party desires to modify this Order, that party may petition the Court to have the case again scheduled with the custody Conciliator for a conference. BYT Judge F C 11 R U cc: Lee E. Oesterling. Esquire timony wherwA, i two unto wt my hand John .l. Connelly, Jr., Esquire W the'80 of SO COW A C0151 k AL iNt. ROBERT 1CKES, JR.. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY. PENNSYLVANIA vs. CIVIL. ACTION - LAW MELANIE L. LUGO, NO. 2008-5984 Defendant IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b),.the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: L exis Marie Ickes, born March 19, 2005 2. A Conciliation Conference was held on November 20, 2008, with the following individuals in attendance: The mother, Melanie L. Lugo, who appeared with her counsel, John J. Connelly, Jr., Esquire, and the father, Robert Ickes, Jr., with his counsel, Lee E. Oesterling Esquire. 3. The parties agreed to the entry of an Order in the form as attached. Date: November J, 2008 0 N Hubert X. Gilroy, Esquire Custody Conciliator ROBERT ICKES,JR., : IN THE COURT OF COMMON PLEAS Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 08-5984 MELANIE L. LUGO n/k/a, : MELANIE L.RASMUSSEN, : CIVIL ACTION- LAW Defendant/Petitioner : IN CUSTODY CERTIFICATE OF SERVICE I,John J. Connelly,Jr.,Esquire,of JSDC Law Offices, attorney for the Defendant,Melanie L.Rasmussen,hereby certify that I have served a copy of the foregoing Petition to Modify Custody Order on the following on the date and in the manner indicated below: VIA_ U.S.MAIL,FIRST CLASS,PRE-PAID Lee E. Oesterling, Esquire Oesterling&Armbruster 503 Bridge Street, Suite 212 New Cumberland,PA 17070 Robert Ickes, Jr. 36 East North Street Apartment A Carlisle, PA 17013 JSDC Law Offices Dated: August 9, 2013 By: Jo Co lly,Jr. ttorn . .#15615 P.O. Box 650 Hershey,PA 17033-0650 (717) 533-3280 Attorneys for Defendant/Petitioner, Melanie L. Rasmussen t f { i . 4. i I' t i i i i d { EXHIBIT "C" JSDC LAW OFHCES JAMES•SAm•DmTrERICK•CONNELLY•SPADE•CHABAL•YAHN•SEEBER•TO!, S O John J.Connelly,Jr. ijcajsdc.com FAX 717.298.2053 August 9 2013 P. Box 650 HERSHEY,PA 17033 MAIN OFFICE: 134 SIPE AVENUE HUMMELSTOWN,PA 17036 Robert Ickes, Jr. WEST SHORE LOCATION: 36 East North Street PIKE Apartment A Su� �RG Carlisle, PA 17013 MECHANICS&M,PA 17055 TEL.717.533.3280 Re: Robert Ickes, Jr. v. Melanie L. Lugo n/k/a Melanie L. Rasmussen No. 08-5984 vuuuwJsDc.coM GARY L.JAMES Dear Mr. Ickes: MAx J.sMIrH,JR. JOHN J.CONNELLY,JR. SCOTT A.DIETTERICK Enclosed you will find a Petition to Modify Custody we have forwarded today to JAMES F SPADE the Prothonotary's Office of Cumberland County. N T WEWACHABAL,III EDWARD P.SEEKER We are requesting that your visits occur at your mother's home pending RONALD TomAsKo com letion of a psychological/psychiatric evaluation and an recommendation regarding Coum E K.Po p Y g g COURTNEY K.PowriL a future custodial arrangement. As you are well aware, your daughter is very upset and KAREN N.CONNELLY has refused to go on future visits. It is my understanding that Lexi communicated that to CHRISIINET.BRANN JESSICA E.LoWE you directly on the telephone last Friday, August 2, 2013. Although I have not asked for GREGORY A.KoGur,JR. an Emergency Order, I will do so if you insist on Lexi coming on her next scheduled visit THOMAS J.CAR during the weekend of August 16, 2013. TEREsA M.REIFamm JAMES D.YOUNG CAYLA B.HENN Since I am not aware of your current attorney, I did forward a copy of this ALEws M.MiLos&wm Petition to your former counsel, Lee E. Oesterling,Esquire. We should be receiving an OF COUNSEL: Order from the Court shortly scheduling a custody conciliation at which time the issues GREGORY K.RICHAms raised in our Petition can be addressed by a custody conciliator. If you are willing to w M. B°""ER cooperate with our proposal to have your mother supervise the visits on her terms ANDREW H.BRIGGS pending the completion of an evaluation,please contact me directly or through your attorney. Otherwise we will discuss this matter at the custody conciliation. Very truly yours, John , Co ly, Jr. JJC/mbl Enclosure cc: Melanie L. Rasmussen ROBERT ICKES,JR., : IN THE COURT OF COMMON PLEAS Plaintiff/Respondent : CUMBERLAND COUNTY,PENNSYLVANIA V. :NO. 08-5984 MELANIE L. LUGO n/k/a, MELANIE L.RASMUSSEN, : CIVIL ACTION-LAW Defendant/Petitioner : IN CUSTODY CERTIFICATE OF SERVICE I,John J. Connelly,Jr.,Esquire,of JSDC Law Offices, attorney for the Defendant,Melanie L. Rasmussen,hereby certify that I have served a copy of the foregoing Petition for Emergency Relief on the following on the date and in the manner indicated below: VIA U.S.MAIL,FIRST CLASS,PRE-PAID AND VIA HAND DELIVERY Robert Ickes, Jr. 36 East North Street Apartment A Carlisle, PA 17013 JSDC Law Offices Dated: August 13,2013 By: o . Co lly,Jr. o . . #15615 P.O. Box 650 Hershey,PA 17033-0650 " (717) 533-3280 Attorneys for Defendant/Petitioner, Melanie L. Rasmussen ROBERT ICKES,JR., : IN THE COURT OF COMMON PLEAS Plaintiff/Respondent CUMBERLAND COUNTY,PENNSYLVANIA V. : NO. 08-5984 C- MELANIE L. LUGO n/k/a, l.s MELANIE L.RASMUSSEN, : CIVIL ACTION-'LAW cn - csi Defendant/Petitioner : IN CUSTODY RULE TO SHOW CAUSE AND NOW,this /.3"lay ovue, 2013,upon consideration of Plaintiffs Petition for Emergency Relief, it is hereby ORDERED that: 1. A Rule is hereby issued upon the Plaintiff/Respondent,Robert Ickes,Jr.,to show cause.why the Petitioner is not entitled to the relief requested; 2. The Respondent shall file an Answer to the Petition within o70 days of this date; r , 3. A hearing shall be held on .�Qay of !� 2013, at i9d a.m./p.m:, in Courtroom No. , Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. C.. C�•w�C .GeM C:ep1�''� 4. Pending he rin in this matter, vi e-of-No entber--2-5-24Mis -Vt erkill,Mir]Of 5 1 By the urt, J. Distribution: Jo J. Connelly, Jr., Esquire, P.O. Box 650, Hershey,PA 17033 Robert Ickes, Jr., 36 1East North Street, Apartment A, Carlisle, PA 17013 ROBERT ICKES,JR., : IN THE COURT OF COMMON PLEAS Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 08-5984 MELANIE L. LUGO n/k/a, _ MELANIE L. RASMUSSEN, : CIVIL ACTION - LAW Defendant/Petitioner : IN CUSTODY Vic. �C3 AFFIDAVIT OF SERVICE 00 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF DAUPHIN AND NOW, this 15°i day of August, 2013, personally appeared before me, a Notary Public in and for the State and County aforementioned, Teresa M. Reifsnyder, Esquire, who, being duly sworn according to law, deposes and says that a time-stamped copy of Defendant's Petition for Emergency Relief was served on the Plaintiff, Robert Ickes, Jr., on August 14, 2013, by certified mail number 7011 3500 0002 5756 3816, as evidenced by the return receipt card attached hereto and made a part hereof. Teresa M. Reifsnyder, Es ui e Sworn to and subscribed before me this day of August,2013. Notary Public COMMON OF PE 4NS-YLVANL4 Notarial Seal Maria B.LaRue,Notary Public Derry Twp.,Dauphin County py$,_2013 @Eft P,ON 8 Of N8111Nes co M 0 F F :1 C I At v. S. E. r17 Postage $ Y Ln CertHled Fee 3 O Retum Receipt Feb r c7 O (Endorsement Required) '2013 . AU+ostmark�e�3?013 W Restricted Delivery Fee p (Endorsement Required) C3 vS Ln Total Postage&Fees F S M ti Sent To ll r ar PO Box No., (p p City,State,ZIPM� Ai '�' — •' COMPLETE ■ Complete items 1,2,and 3.Also complete A. Signature I ', item 4 if Restricted Delivery is desired. � ����/ 1..�^- ■ Print your name and address on the reverse X so that we can return the card to you. '• ddress e ■ Attach this card to the back of the mailpiece, ; B eceived by(Printed Name) C. Date of eli liver or on the front if space permits. )e� �G S 1. Article Addressed to: D. Is belivery address different from Rem 1? ❑Yes If YES,enter delivery address below: _1zl_No RoTiert Ickes, Jr. ;it,.,-East North Street i Apartment A t C-70 3. arlisle, PA 17013 �? Type lwCertrfied Mail ❑Express Mail ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. t 4. Restricted Delivery?(Extra Fee) ❑Yes r Number far from service/abeq .17-011-3500, 0 0 0 2 15 756 3816 i I: ) .� 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 4 ROBERT ICKES,JR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA 70 _V V. 2008-5984 CIVIL ACTION LAW 71 MELANIE L. LUGO N/K/A MELANIE L. x RASMUSSEN IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday,August 16,2013 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X.Gilroy,Esq. the conciliator, at - 4th Floor,Cumberland County Courthouse,Carlisle on Thursday,September 05,2013 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court; and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders,and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By:. /s/ Hubert X. Gilroy, Esq. Custody Conciliator The Court of Common .Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY.AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE,GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ROBERT ICKES, JR. : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 08-5984 MELANIE L. LUGO n/k/a, MELANIE L. RASMUSSEN, : CIVIL ACTION—LAW Defendant/Petitioner ANSWER TO PETITION FOR EMERGENCY RELIEF AND NOW comes Respondent, Robert Ickes, Jr., by and through his counsel of record, Bradley L. Griffie, Esquire, and the law firm of Griffie & Associates, P.C. and files the following Answer to the Petition for Emergency Relief c-,) . �,; 1. Admitted. c -OZ rryca rn 2. Admitted. tT} v � 3. Admitted D t7 C.)y 4. Admitted. F`:> 5. Admitted. 6. Admitted. 7. Admitted in part. Denied in part. It is further averred, however, that father's original diagnosis of depression and bipolar disorder was made in 2008. It is admitted that since that time Father has addressed this matter through inpatient and outpatient programs. It is denied that Father's most recent treatment was provided by Roxbury Treatment Center. It is further averred that Mother has been aware of Father's diagnosis since.2008 when it originally occurred. 8. Denied. It is denied that Father has mental instability. It is admitted that Mother may be believe whatever she avers that she believes. It is denied that it is not in the best interest of the parties' minor child to exercise her [sic] scheduled period of partial custody at this time without supervision. It is further averred that there has been no need or-request for supervision of the periods of custody when Father has had the child for the past five (5) years and no supervision is necessary now. 9. Admitted in part. Denied in part. It is admitted that Mother's Petition to Modify Custody requests what she states it requests. It is denied that it is appropriate or in any way in the child's best interest for Father to have supervised visits. It is averred that it is in no way in the child's best interest for supervised visits to take place at the residence of the,paternal grandmother, Cheryl Petty. It is denied that any such modification of the current Custody Order should be implemented pending the completion of a psychological/psychiatric evaluation. It is further averred that Mother's statements are unclear as to what is being claimed by Mother in this matter, as her claims imply an evaluation should be conducted of Father's mental and psychiatric condition, but her claim further suggests that some type of custodial arrangement would be recommended by such evaluation. It is averred that Mother is unclear as to whether she is asking for a custody evaluation to be performed by a psychologist, or whether she is demanding that a psychiatric or psychological evaluation be performed on Father. 10. Denied. The averments set forth in paragraph number ten (10) are first denied because they are unverified. It is submitted that what the third party may have told Mother's counsel is not something that can be properly verified by Mother, and is not something to be properly inserted into a Petition for Emergency Relief, or any other pleading. It is further averred that maternal grandmother's position as to whether she feels father's home is unsafe is totally irrelevant. It is further denied that Father's home is an unsafe environment for the child. 11. Denied. It is denied that the child becomes hysterical every time she is required to go to Father's residence. It is denied that on the weekend of August 2, 2013 the child was in a hysterical state, refusing to go for her visit with Father. It is denied that the minor child communicated to Father that "she was extremely upset." It is denied that the child indicated to Father that"she does not want to go to Father's residence for custodial periods of partial physical custody in the future." It is averred, however, that after having spent essentially three weeks away from Mother, being with the Maternal grandfather and with Father for extended period of time, the child was missing Mother and wished to remain with her Mother rather than returned to Father's custody for a routine period of custody. It is further averred that this is what the child verbalized to her father. 12. Admitted in part. Denied in part. To the best of Father's knowledge, it is believed that the child has, in fact, been attending counseling with Lisa Bechtel of Franco Psychological Associates, P.C. in Carlisle for approximately three years. It is further averred, however, in that Mother has failed and refused to engage in any aspects of shared legal custody with Father, and has failed and refused to provide information relative to the child's counseling, the child's education, the child's medical treatment, and all other aspects of shared legal custody matters, Father does not have personal knowledge as to the child's engagement in the counseling with Lisa Bechtel. The second averment in paragraph number twelve suggesting the child is extremely upset about attending the visits, is likewise denied. It is further averred, however, that Mother engages in.a course of conduct to create feeling of separation anxiety with the child, downgrade Father and his wife, and otherwise engages in conduct and makes comments in an effort to alienate the child from Father such that it is possible, since Mother is the only party taking the child to counseling, that the child makes comments about not wishing to engage in her periods of custody with Father. The third averment set forth in paragraph twelve is admitted in that any counselor engaged in a custody matter, with both parents' consent could discuss with an expert whether any modifications in the custodial arrangement might be appropriate to address issues raised in counseling. It is denied, however, that it is in the child's best interest or would be appropriate to limit, terminate, or otherwise modify Father's periods of custody with the child unless those custodial periods are modified to increase Father's periods of time with the child. 13. Admitted. It is further averred, however, that Father, without the advice of counsel, concurred in Mother's demand, through counsel and otherwise, that he not exercise his period of custody over the weekend of Friday, October 16 through Sunday, October 18. It is averred, however, that with the advice of counsel, Father will be exercising his custodial period from Friday, August 30, 2013 through Sunday, September 1, 2013, pursuant to the terms of the Custody Order that remains in effect, and which the court refused to rescind. 14. Admitted in part. Denied in part. It is admitted that Mother believes and avers whatever she claims to believe and avers. It is denied, however, that her statements and her beliefs are accurate. It is denied that it is in the child's best interest to suspend Father's periods of custody. It is denied that it is in the child's best interest to only allow access for Father to have custody of the child through supervised visits at the Paternal Grandmother's home. It is averred, rather, that there has been nothing that has occurred to form the basis for the Petition for Emergency Relief that has been filed. It is averred that Father's diagnosis of depression and bipolar condition originally came in 2008 and Father has followed the terms of the Custody Order since the entry of the Order on November 25, 2008, which was subsequent to Father's diagnosis. 15. Admitted. 16. Admitted. WHEREFORE, Respondent/Father requests your Honorable Court to dismiss Father's Petition for Emergency Relief. Respectfully Submitted, B Grif , Esquire torney for P aintiff/Respondent Supreme Court ID No. 34349 GRIFFIE & ASSOCIATES, P.C. 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: ROAERT ICKES, JR. ROBERT ICKES, JR. : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 08-5984 MELANIE L. LUGO n/k/a, MELANIE L. RASMUSSEN, : CIVIL ACTION—LAW Defendant/Petitioner CERTIFICATE OF SERVICE I, Bradley L. Griffie, Esquire, hereby certify that I did, the day of August, 2013, cause a copy of Plaintiff/Respondent's Answers to Defendant/Petitioner's Petition for Emergency Relief to be served upon Defendant by serving her attorney of record, John J. Connelly, Jr., Esquire,by first-class mail,postage prepaid at the following address: John J. Connelly, Jr., Esquire JSDC Law Offices P.O. Box 650 Hershey, PA 17033 DATE: riffie, Esquire 4ttor Plaintiff/Respondent Supreme Court ID No. 34349 GRIFFIE &ASSOCIATES, P.C. 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 Y ROBERT ICKES, JR. : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 08-5984 MELANIE L. LUGO n/k/a, MELANIE L. RASMUSSEN, : CIVIL ACTION–LAW Defendant/Petitioner ANSWER TO PETITION FOR MODIFICATION OF CUSTODY ORDER AND COUNTERCLAIM FOR MODIFICATION OF CUSTODY AND NOW comes Respondent, Robert L. Ickes, Jr., by and through his counsel, Bradley L. Griffie, Esquire and the law firm of Griffie and Associates and files the following Answer and Counterclaim in the above captioned matter: w 1. Admitted. , j �..J 2. Admitted. 3. Admitted. �— na 4. Admitted. 5. Admitted. It is further averred, however, that the only change in circumstances that have occurred is Petitioner's (hereinafter "Mother") conduct with the child which has been to attempt to alienate the child from Respondent (hereinafter "Father") and his wife. 6. Admitted in part. Denied in part. It is further averred, however, that Father's original diagnosis of depression and bipolar disorder was made in 2008. It is admitted that since that time Father has addressed this matter through inpatient and outpatient programs. It is denied that Father's most recent treatment was provided by Roxbury Treatment Center. It is further averred that Mother has been aware of Father's diagnosis since 2008 when it originally occurred. 7. Denied. Father has no way to determine what a .third party may have communicated to Mother and that allegation is, therefore, denied. It is denied that it was recommended to Father that he undergo inpatient treatment at Roxbury. It is denied that Father has mental instability. It is denied that it is not in the best interest of the child to be with Father. 8. Denied. It is denied that Father ever represented to Mother that he was going into Roxbury. It is denied that Father failed and refused to go to Roxbury. 9. Admitted in part. Denied in part. The averments set forth in paragraph nine are admitted with the exception of the age of Stephanie Ickes' children who are six, seven, and eleven years old. 10. Denied. Father is without sufficient knowledge or information to form a belief as to the truth of the averments relative to "reports" that the child has made to Mother, and those averments are, therefore, denied. It is further averred, however, that the child has reported to Father that Mother and her spouse frequently engage in violent arguments and confrontation, all of which occur in front of the child. It is further denied that Father and his wife engage in frequent violent arguments and further denied that they strike each other. 11. Admitted in part. It is further averred, however, that Father was able to eradicate the flea problem by removing the pet cats that the Father had in his home and by bombing the home for the eradication of the fleas. 12. Admitted. It is further averred, however, that Father, through medication, believes that he will be able to seek and maintain employment and is looking for employment at this time, while simultaneously filing for social security disability benefits. 13. Admitted in part. Denied in part. It is admitted that the child has asthma but only upon information received in that Mother fails and refuses to engage Father in the child's medical care in any manner whatsoever. It is admitted that the Respondent and his Wife have, in the past, smoked in the house. It is further averred, however, that the parties cordoned off the children's bedrooms and play rooms with curtains to inhibit the smoke going into the children's play areas. It is further averred, however, that Father and his wife have been requiring any and all smoking at their home to be out of doors. 14. Admitted. It is further averred that the bottom bunk is a double bed. It is further averred that upon the filing of "anonymous" complaints to Cumberland County Children and Youth Services, Children and Youth Services have investigated the Father's and his wife's home and found the sleeping accommodations to be acceptable. It is denied that the minor child cannot sleep because of being constantly kicked by the other children and averred rather that all of the children sleep comfortably every night that they have slept at Father's home. 15. Denied. It is denied that, because of circumstances referenced in Mother's petition, the minor child refused to go to for her period of custody with Father unless she was forced by Mother. It is averred,rather, that the child had just spent substantial periods of time away from Mother, whom she rarely sees under any circumstances because of Mother's work shift that causes her to be home well after the dinner hour, placing the child in the care of maternal grandmother for substantial periods of time, and that because the child was missing Mother, the child told Father she did not wish to come over for a period of custody. It is further admitted that the child was sad and was missing her mother on Friday, August 2, 2013, and that she told her Father that she did not wish to exercise that period of physical custody for that weekend. It is denied that Father hung up on the child. 16. Denied in all respects. It is denied that Father has refused to continue mental health treatment. It is denied that there are violent arguments that occur in Respondent's household. It is denied that the child's best interest requires a psychological evaluation, if Mother is suggesting that a custody evaluation be performed in this matter. It is denied that a psychiatric evaluation is necessary. It is further averred, however, that Father has made arrangements through his therapist, Franklin Family Services, to have a psychiatric evaluation to provide evidence to Mother, the Conciliator, the Court, or anyone else of his ability to provide appropriate care for the child. 17. Denied. It is denied that it was imperative that a prompt custody conciliation be scheduled to address the alleged issues raised in Mother's Petition. It is admitted that Mother believes and states whatever she wishes to believe and state. It is denied that her thoughts and accusations are accurate. It is denied that the contact between the Father and the child should be limited to supervised visits at the Paternal Grandmother's home pending a psychological/psychiatric evaluation. 18. Admitted. 19. Admitted. WHEREFORE, your Petitioner requests your Honorable Court to dismiss Mother's Petition. COUNTERCLAIM 20. Father's Answers to paragraphs 1 through 19 are incorporated herein by reference as if set forth in their full text. 21. In the recent past, Mother has engaged in the course of conduct in an attempt to alienate the parties' child, Lexi, from Father, his wife, and her step-siblings. 22. Father was diagnosed with having issues with depression and a bipolar disorder in 2008. 23. Father has exercised custody pursuant to the November 25, 2008 Custody Order since his diagnosis, or a period of nearly five (5) years with the exclusion of the week day visits that Father has voluntarily forfeited, initially due to his move to another county. 24. Due to Father's bipolar condition, he engages in therapy with a therapist at Franklin Family Services and uses medication that has been prescribed for him by his family physician. 25. At Mother's demand, but also in order to secure another professional to provide for the monitoring of his medications, Father has secured the services of Dr. Scott Trayer, with Franklin Family Services, to conduct a psychiatric evaluation of Father. 26. Father currently uses Abilifi and Wellbutrin as prescribed by his family physician, which prescriptions are anticipated to continue under Dr. Trayer's treatment, but which may be modified based upon Dr. Trayer's analysis and diagnosis. 27. In an effort to alienate the child from Father, Mother has made negative comments about Father and his Wife, and Wife's children, as has the child's maternal grandmother. 28. The child has complained to Father and his wife that because she does not appreciate hearing the negative statements, downgrading and negative comments made by Mother and her family against Father and his family. 29. Because the child does not see Mother for substantial periods of time due to her work schedule and Mother's her social life, the child will often disclose to Father that she misses her Mother because she doesn't have enough time with her. 30. In the summer of 2013, the child spent two weeks with Father pursuant to the terms of the Court Order allowing for Father to have three non-consecutive weeks of custody with the child. 31. During the child's two week period of time with Father, she enjoyed herself thoroughly, as she normally does, during periods of custody with Father. 32. The Mother has exerted all possibly efforts to exclude Father from the child's medical needs, failing to advise Father of any of the child's medical circumstances, her doctor's appointments or any other aspects of treating her medical needs. 33. The child has an orthodontic appliance in her mouth which requires routine application of a wrench to slowly screw portions of the apparatus in her mouth. 34. Mother refuses to provide Father with the necessary tools to treat the child's orthodontic needs and insists on coming to Father's home during his periods of custody to address those needs. 35. Mother claims that child. has asthma, but has never provided Father with medication, an inhaler, or any details relative to her medical needs. 36. The child wears glasses, to father's knowledge, for reading, watching television, and for other matters, but Mother refuses to allow the child to bring her glasses to Father's home during his periods of custody with the child. 37. Mother has failed and refused to list Father on the child's emergency information and records at school, such that only she and the step-father are permitted to have contact with the child at school since Father and the step-mother are not listed as guardians or in any other capacity in school records. 38. The child, Lexi, enjoys being with Father, his Wife, and Lexi's step-siblings, to the point where Mother has actually taken step-mother's eldest child with Mother Lexi for meals and for other events because they enjoy each other's company so thoroughly. 39. It is in the best interest and permanent welfare of the child to modify the Custody Order of November 25, 2008 to provide as follows: A. Expansion of Father's alternating weekend period of custody from Friday after school until Monday morning when the child is delivered to school, with Father keeping the child on Monday holidays that the child does not have school,until Monday evening; B. One evening per week from after school until 8:00 p.m.; C. Alternating weeks of custody during the summer vacation months; D. For expanded period of time over the major holidays of Easter, Thanksgiving, and Christmas. WHEREFORE, Petitioner requests your Honorable Court to modify the Court's Order of November 25, 2008 accordingly. Ay Submitted, Griffi Esquire y for Plaintiff/Respondent Supreme Court ID No. 34349 GRIFFIE &ASSOCIATES, P.C. 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904,relating to unworn falsifications to authorities. DATE:O - Z 3 r 3 e�Qvjrl�y ; RUBERT ICKES, JR. { ROBERT ICKES, JR. : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 08-5984 MELANIE L. LUGO n/k/a, MELANIE L. RASMUSSEN, : CIVIL ACTION—LAW Defendant/Petitioner CERTIFICATE OF SERVICE Py I, Bradley L. Griffie, Esquire, hereby certify that I did, the o16 day of August, 2013, cause a copy of Plaintiff's Answers to Petition for Modification of Custody Order and Counterclaim for Modification of Custody to be served upon Defendant by serving her attorney of record, John J. Connelly, Jr., Esquire, by first-class mail, postage prepaid at the following address: John J. Connelly, Jr., Esquire P.O. Box 650 Hershey, PA 17033 DATE: Grif ie, Esquire ney for Plaintiff/Respondent GRIFFIE & ASSOCIATES, P.C. 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 ROBERT ICKES, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v 2008-5984 CIVIL ACTION -LAW x � z� MELANIE L. LUGO n/k/a MELANIE L. X--70 RASMUSSEN, Defendant IN CUSTODY PRIOR JUDGE: The Honorable Edward E. Guido `• �' COURT ORDER AND NOW, this /(�� day of September, 2013, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The hearing scheduled before this Court on Monday,September 30,2013,at 1:00 p.m. shall remain as scheduled subject,however,to the ability of legal counsel for the parties to cancel the hearing in the event the problems existing in the case are resolved prior to the hearing. In an effort to resolve some of the current issues,the existing custody Order dated November 25, 2008, shall remain in place subject to the following conditions: A. Father shall not smoke himself or allow any cigarette smoking or other smoking in his residence or in any automobiles when he has custody of the minor child. B. Father shall undergo a psychiatric evaluation with the results of that evaluation shared with legal counsel for both parties. In the event mother desires a second psychiatric evaluation and is willing to pay the costs of that evaluation, father shall cooperate in that evaluation with the evaluator retained by the mother also to share the results of that evaluation with counsel for both parties. Father shall sign all necessary consents for sharing of that information. It is understood that any psychiatrist evaluating the father shall obtain relevant information from both parties in connection with the father's situation. M C. Father shall follow any recommendations of the psychiatrist who does the evaluation to include directions on medications and any other pertinent treatment. D. Father shall continue his existing therapy on a weekly basis and maintain the therapy sessions as directed by his therapist. E. Father shall contact Lisa Bechtel of Franco Associates, who is the current counselor for the minor child, and father shall initiate his own sessions with Miss Bechtel for purposes of facilitating appropriate counseling of the minor child. F. Father shall continue to take all medications prescribed by his psychiatrist with the understanding that a monthly medication check shall be accomplished in order to insure the father is maintaining a therapeutic level for his medications. G. When the minor child is in the custody of the father overnight, father shall provide the minor child with the option if having a separate sleeping accommodation at the father's home. 2. Counsel for either party may contact the Custody Conciliator for a telephone conference in the event the parties believe such a conference may aid in addressing any future issues with the parties. No party shall be permitted to relocate the residence of the child where said relocation will significantly impair the ability to exercise custody unless every individual who has custodial rights to the child consents to the proposed relocation or the court approves the proposed relocation. Any party proposing to relocate MUST comply with 23 Pa. C.S. § 5337. BY THE COURT, Edward E. Guido, Judge cc: J. Connelly, Jr., Esquire ✓ Bradley L. Griffie, Esquire Co p,-e.s 9/;//1:1 - ROBERT ICKES, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v 2008-5984 CIVIL ACTION - LAW MELANIE L. LUGO n/k/a MELANIE L. RASMUSSEN, Defendant IN CUSTODY PRIOR JUDGE: The Honorable Edward E. Guido CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b),the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Lexus Marie Ickes,born March 19, 2005. 2. A Conciliation Conference was held on September 5, 2013, with the following individuals in attendance: The father, Robert Ickes, Jr., with his counsel, Bradley L. Griffie, Esquire, and the mother, Melanie L. Rasmussen, with her counsel, John J. Connelly, Jr., Esquire. 3. Based upon the recommendation of the Custody Conciliator, the parties agree to the entry of an Order in the form as attached. Date: September , 2013 Hubert X ilroy, Esquire Custod Conciliator ROBERT ICKES, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : MELANIE LUGO RASMUSSEN, : 2008 —5984 CIVIL Defendant : CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 2511-1 day of SEPTEMBER, 2013, by agreement of the parties, the hearing scheduled for Monday, September 30, 2013, at 1:00 p.m. is CONTINUED GENERALLY to be rescheduled at the request of either party. By th- - . 4, Edward E. Guido, J. John J. Connelly,Jr., Esquire Bradley L. Griffie, Esquire :sld Cop t'es 112 .1 is..L farSil 3 rri) � - -R7 --a -tiL 5c C..) _,- ROBERT ICKES, JR. : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 08-5984 MELANIE L. LUGO n/k/a, • MELANIE L. RASMUSSEN, : CIVIL ACTION—LAW c Defendant/Petitioner : Prior Judge: Edward E. Guido -v3 `{ r~n X,* r -7-) to ry PETITION TO WITHDRAW AS COUNSEL C ? _, -C;;) rr AND NOW, comes Petitioner, Bradley L. Griffie, Esquire, and the law firm ofSPriffie 8' ux Associates, P.C., and petitions the Court as follows: 1. Your Petitioner is Bradley L. Griffie, Esquire, and the law firm of Griffie & Associates, P.C., attorney of record for the above named Plaintiff, Robert Ickes, Jr. 2. Respondent is Robert Ickes, Jr., the above named Plaintiff and adult individual, with an address of 36 East North Street, Carlisle, Cumberland County, Pennsylvania. 3. Pursuant to a conciliation conference held on September 5, 2013, an Order of Court dated September 10, 2013 was entered, a copy of said Order of Court being attached hereto and incorporated herein by reference as Exhibit"A." 4. Pursuant to the terms of the Order of Court, Plaintiff was obligated to meet various agreed upon requirements relative to maintaining his periods of partial physical custody with his child. 5. Petitioner has been contacting by opposing counsel, John J. Connelly, Jr., Esquire, suggesting that Plaintiff has failed to meet his obligation under the Order and attempting to discuss how to most expeditiously resolve the Defendant's and opposing counsel's concerns in this matter. 6. Since October 30, 2013, Petitioner has forwarded six (6) letters to his client, the above named Plaintiff and Respondent herein, without a response. 7. The most recent correspondence forwarded to Respondent by Petitioner was on January 7, 2014, in which correspondence Petitioner advised Respondent that if Petitioner could not secure any type of contact or cooperation from the Respondent, Petitioner had no alternative but to file a Petition to Withdraw as Counsel. 8. Petitioner is simply unable to represent the Respondent in this matter because of Respondent's refusal to maintain any type of contact with Petitioner, which has now extended over a three month period, during which time issues have been raised which require Respondent and Petitioner to respond. 9. Petitioner has no way of knowing the Respondent's position regarding this request to withdraw. WHEREFORE, Petitioner requests your Honorable Court to enter a Rule upon the Respondent, to show cause, if any he has, as to why Petitioner should not be permitted to withdraw as counsel in this matter. Respectfully submitted, iffle, Esquire 11,1, Supreme Court ID No. 34349 GRIFFIE &ASSOCIATES, P.C. 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 ROBERT ICKES, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA v : 2008-5984 CIVIL ACTION-LAW MELANIE L. LUGO n/k/a MELANIE L. : -,.Z --� RASMUSSEN, z rt rri Defendant : IN CUSTODY ' Q I r —ate PRIOR JUDGE: The Honorable Edward E. Guido _ -n COURT ORDER AND NOW, this /1016 day of September, 2013, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The hearing scheduled before this Court on Monday,September 30,2013,at 1:00 p.m. shall remain as scheduled subject,however,to the ability of legal counsel for the parties to cancel the hearing in the event the problems existing in the case are resolved prior to the hearing. In an effort to resolve some of the current issues,the existing custody Order dated November 25, 2008, shall remain in place subject to the following conditions: A. Father shall not smoke himself or allow any cigarette smoking or :other smoking in his residence or in any automobiles when he has custody of the minor child. • B. Father shall undergo a psychiatric evaluation with the results of that evaluation shared with legal counsel for both parties. In the event mother desires a second psychiatric evaluation and is willing to pay the costs of that evaluation,father shall cooperate in that evaluation with the evaluator retained by the mother also to share the results of that evaluation with counsel for both parties. Father shall sign all necessary consents for sharing of that information. It is understood that any psychiatrist evaluating the father shall obtain relevant information from both parties in connection with the father's situation. EXHIBIT A C. Father shall follow any recommendations of the psychiatrist who does the evaluation to include directions on medications and any other pertinent treatment. D. Father shall continue his existing therapy on a weekly basis and maintain the therapy sessions as directed by his therapist. E. Father shall contact Lisa Bechtel of Franco Associates, who is the current counselor for the minor child, and father shall initiate his own sessions with Miss Bechtel for purposes of facilitating appropriate counseling of the minor child. F. Father shall continue to take all medications prescribed by his psychiatrist with the understanding that a monthly medication check shall be accomplished in order to insure the father is maintaining a therapeutic level for his medications. G. When the minor child is in the custody of the father overnight, father shall provide the minor child with the option if having a separate sleeping accommodation at the father's home. 2. Counsel for either party may contact the Custody Conciliator for a telephone conference in the event the parties believe such a conference may aid in addressing any future issues with the parties. No party shall be permitted to relocate the residence of the child where said relocation will significantly impair the ability to exercise custody unless every individual who has custodial rights to the child consents to the proposed relocation or the court approves the proposed relocation. Any party proposing to relocate MUST comply with 23 Pa. C.S. §5337. TRUE-CbPY)FROIVI REGYOFtD BY THE COURT, In Testimony iih; f,!Or `kipio set'`mY'hand and the sea-ofisaldt Carlisle,P1' This � y of l f►' '�" �'2Q7 Pr6thono. ,f; \ Edward E. Guido, Judge cc: John J. Connelly, Jr., Esquire Bradley L. Griffie, Esquire ROBERT ICKES, JR., • IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : 2008-5984 CIVIL ACTION - LAW MELANIE L. LUGO n/k/a MELANIE L. • RASMUSSEN, • Defendant : IN CUSTODY PRIOR JUDGE: The Honorable Edward E. Guido CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b),the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Lexus Marie Ickes,born March 19,2005. 2. A Conciliation Conference was held on September 5, 2013, with the following individuals in_attendance: The father, Robert Ickes, Jr., with his counsel, Bradley L. Griffie, Esquire, and the mother,Melanie L. Rasmussen, with her counsel,John J. Connelly, Jr.,Esquire. 3. Based upon the recommendation of the Custody Conciliator, the parties agree to the entry of an Order in the form as attached. Date: September _ _,2013 Hubert X ' ilroy, Esquire Custod Conciliator VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. DATE: I () 9 y �i ' , 100, ��'Y . GRIFFIE, Petitioner ROBERT ICKES, JR. : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 08-5984 • MELANIE L. LUGO n/k/a, MELANIE L. RASMUSSEN, : CIVIL ACTION—LAW Defendant/Petitioner : Prior Judge: Edward E. Guido CERTIFICATE OF SERVICE art/ I, Bradley L. Griffie, Esquire, hereby certify that I did, the a-9 day of , 2014, cause a copy of Petitioner's Petition to Withdraw as Counsel to be served upon Plaintiff, and by serving Defendant's attorney of record, John J. Connelly, Jr., Esquire, by first-class mail,postage prepaid at the following addresses: Robert Ickes, Jr. 36 East North Street Carlisle, PA 17013 John J. Connelly, Jr., Esquire P.O. Box 650 Hershey, PA 170 DATE: a1 iffi- squire ey for Defendant upreme Court ID No. 34349 GRIFFIE &ASSOCIATES, P.C. 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 3 ROBERT ICKES, JR. : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA VS. :No. 08-5984 MELANIE L. LUGO n/k/a, MELANIE L. RASMUSSEN, : CIVIL ACTION—LAW Defendant/Petitioner Prior Judge: Edward E. Guido ORDER OF COURT AND RULE TO SHOW CAUSE AND NOW this day of , 2014, upon presentation and consideration of the within Petition to Withdraw as Counsel, a Rule is issued upon Respondent, Robert Ickes, Jr., to show cause, if any he has, as to why Bradley L. Griffie, Esquire and the law firm of Griffie and Associates, P.C. should not be permitted to withdraw as counsel in this matter. RULE returning Po days after service by first-class mail, postage prepaid upon f: Plaintiff, Robert Ickes, Jr.. Edward E. Guido, Judge Cc: - Bradley L. Griffie, Esquire Petitioner _.,�Robert Ickes, Jr. 36 East North Street Carlisle, PA 17013 Respondent ,,-"John J. Connelly, Jr., Esquire c Attorney for Defendant rn, =-n =­,"l C ' CZ '[�� c - . i;;c= rn C�i^R,.L�J -�}.'/it F i NO HE PRO HO H0Hti lA i John J. Connelly,Jr.,Esquire Attorney I.D.No. 15615 2Q i 4 FEB 14 PM 2: 47 James Smith Dietterick&Connelly,LLP P.O.Box 650 CUMBERLAND COUNTY Hershey,PA 17033 PENNSYLVANIA Attorneys for Plaintiff/Petitioner ROBERT ICKES,JR., : IN THE COURT OF COMMON PLEAS Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 08-5984 MELANIE L. LUGO n/k/a, MELANIE L. RASMUSSEN, : CIVIL ACTION - LAW Defendant/Petitioner : IN CUSTODY PETITION FOR CONTEMPT AND TO SUSPEND THE TERMS OF THIS COURT'S CUSTODY ORDER DATED NOVEMBER 25,2008 AND NOW, comes John J. Connelly, Jr., Esquire and JSDC Law offices, on behalf of Melanie L. Lugo, now known as Melanie L. Rasmussen, and avers as follows: 1. The Petitioner is Melanie L. Rasmussen, the natural mother of Lexis Marie Ickes, DOB: March 19, 2005, hereafter referred to as "Mother." 2. The Respondent is Robert Ickes,Jr.,the father of the aforementioned child,hereafter referred to as "Father." 3. An order was entered by this Court on November 25, 2008 setting forth a custodial schedule, a copy of which is attached hereto and marked as Exhibit"A". 4. On September 10,2013, after a conciliation in this matter,the Court entered an Order providing for certain conditions to be met by Father in order to maintain the status of the November 25, 2008 Order. A copy of the September 10, 2013 Order is attached hereto and marked as Exhibit"B". $83.co Pb. p-M ict8sc1 12 '5o 1 105& 5. There were seven specific conditions contained in Paragraph 1 of the Order dated September 10, 2013. Each of those conditions are addressed below in the order in which they appear in the September 10, 2013 Order: a. Father has discontinued cigarette smoking in the residence and vehicle consistent with the terms of this paragraph. b. Father has not undergone a psychiatric evaluation. In fact,when requesting information of Father's psychiatrist,the psychiatrist contacted his own attorney who advised counsel for Defendant/Petitioner that he would not comply with the Court Order. It is believed and therefore averred that Father is no longer receiving psychiatric treatment. The Mother has attempted to secure an alternative psychiatric evaluation without success. Because of the limited number of psychiatrists available to do this type of work,it was impossible to locate someone to do an evaluation after numerous efforts were made by counsel for Mother. c. If Father is no longer seeing a psychiatrist,he is not following any directions. Your Petitioner has no knowledge of directions, if any,that were given to the Respondent prior to discontinuing his psychiatric treatment. d. To Mother's knowledge,Father does not see any therapists on a weekly basis or maintain any therapy sessions as directed. e. Father contacted Lisa Bechtel of Franco Associates and attended one visit. He has since been uncommunicative and has not scheduled any subsequent sessions in spite of requests by the therapist to do so. f. The Mother has no information regarding Father's medications,whether he is taking them on a regular basis, or whether a therapeutic level of medication is being maintained by him. g. This paragraph required Father to provide a separate sleeping accommodation for the child,which only occurred on one occasion since September 2013. 6. On January 29, 2014, counsel for the Father, Bradley L. Griffie, Esquire, filed a Petition to Withdraw as Counsel, indicating that the Father has been unresponsive to him in efforts to determine Father's compliance with the Order. This occurs in spite of the fact that the Father lives approximately one block from his counsel's office. 7. The child continues to attend regular counseling with Lisa Bechtel at Franco Associates and has been reacting adversely to the visits with her Father. 8. A child in Father's household(the daughter of his wife)has been removed by Cumberland County Children and Youth and placed with a relative. Specific details of this removal are unavailable at the present time;however,it is believed and therefore averred that the Respondent struck the child, and based on that the child was removed. 9. It is believed and therefore averred that the Respondent smokes marijuana consistently in the residence, and to the Petitioner's knowledge is not currently employed. 10. Because of Father's prior diagnosis of bi-polar disorder and his failure to follow the Order of September 10, 2013, unless and until the Father provides documentation of his ongoing treatment for these long standing mental health issues, it is not in the best interest of the minor child to continue to visit him at the residence. 11. The fact that his counsel,Bradley L. Griffie, Esquire, is requesting an order to withdraw from the case is further evidence of the unresponsiveness of the Respondent in addressing his issues. 12. Given the fact that Petitioner's counsel,Bradley L. Griffie,has filed a Motion to Withdraw from this action, it is anticipated that he does not concur in the request for relief stated herein. WHEREFORE, your Petitioner requests that the Court suspend the Order of November 25, 2008 and schedule a hearing on the matter to determine whether or not the Respondent is in contempt of the Order dated September 10, 2013, the Petitioner further requests that the Court address the concerns of the Petitioner regarding her daughter's safety in Respondent's care. Respectfully submitted, JSDC LAW OFFICES 411LDated: vi hecillq By: " ..��. a► Jo J o elly,Jr. A • I IL #15615 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Defendant/Petitioner, Melanie L. Rasmussen VERIFICATION I,Melanie L.Rasmussen,verify that the statements made in the foregoing pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities.NDate: , e ame .Rasmussen T. •.'I. to%4 ,/l-Th NOV L 2000 ROBERT ICKES, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY. PENNSYLVANIA vs. : CIVIL ACTION - LAW MELANIE L. LUGO, : NO. 2008-5984 Defendant : IN CUSTODY COURT ORDER AND NOW, this 2 5 day of i' fielAtIrel , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The father, Robert Ickes, Jr., and the mother, Melanie L. Lugo, shall enjoy shared legal custody of Lexis Marie Ickes born March 19, 2005. 2. The Mother shall enjoy primary physical custody of the minor child. 3. The Father shall enjoy periods of temporary physical custody with the minor child as follows: A. On alternating weekends from 4:00 p.m. on Friday until 4:00 p.m. on Sunday. B. At least one evening per week from 4:00 p.m. until 7:30 p.m. This evening shall be Wednesday unless agreed otherwise by the parties. Father shall notify Mother by 6:00 p.m. of the Sunday before each Wednesday if Father intends to modify the weekday. C. At such other times as agreed. 4. During the summer months,Father shall also have up to three non-consecutive weeks of summer vacation with the minor child subject,however,to the understanding that Father shall be off work and shall be spending time with the minor child. Father shall give the Mother at least thirty (30) days notice as to when he will exercise vacation with the understanding the Mother will notify Father if she makes plans for her own summer vacation so that Father is aware of what particular weeks will not be available to him. The week of vacation for either party would include that party's weekend under the custody schedule set forth above. It is understood that Mother has a similar three-week vacation time frame. 5. Holidays shall be handled as follows: A. For the Thanksgiving holiday each year, Father shall have custody of the minor child from Tuesday at 4:00 p.m. until Thursday, Thanksgiving day. at noon. Mother shall have custody every Thanksgiving from noon on Thanksgiving day through 4:00 p.m. on Friday. The weekend for Thanksgiving shall be handled subject to the alternating weekend schedule. B. For the Christmas holiday, the parties shall work between themselves to set a schedule each year. However, it is understood that Father will have the child for a minimal time starting on December 23rd through an agreed upon time in the evening on Christmas Eve, with Mother having the child from Christmas Eve through Christmas Day. C. For Halloween, the parties shall alternate that evening with Father having the evening on even years and Mother having the evening on odd years. D. The parties shall alternate custody on the following holidays: New Year's I)ay, Easter, Memorial Day, July 4th and Labor Day. Mother shall have New Year's 2009 with the time being from 9:00 a.m. until 7:00 p.m., unless agreed otherwise by the parties. E. The Mother shall always have custody on Mother's Day and the Father shall always have custody on Father's Day with the time frame being from 4:00 p.m. on Saturday through 4:00 p.m. on Sunday. This provision shall supercede the alternating weekend schedule. 6. For exchange of custody and under circumstances where the child is not being picked up at daycare, the non-custodial parent shall pick the child up at the other parent's home. 7. This Order is entered pursuant to an agreement reached by the parties at a custody conciliation conference. If the parties agree, they may modify the custody schedule between themselves. Absent an agreement, the schedule set forth above shall control. In the event either party desires to modify this Order, that party may petition the Court to have the case again scheduled with the custody Conciliator for a conference. BY TI- .04_0!!', Judge w: O cc: Lee E. Oesterling. Esquire ` e'stl eit'tyW b , l two titili W.illy l John .1. Connelly. Jr., Esquire °' ti the Seal of said Opt at4# Prothonotert 0.' py ROBERT ICKES, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA C) r i V : 2008-5984 CIVIL ACTION-LAW-02 i":.; --� fri CO=1-11 Ti -'7 t'- MELANIE L.LUGO n/k/a MELANIE L. : ci) °! RASMUSSEN, "' ° Defendant IN CUSTODY D a o A zc,, C r PRIOR JUDGE:The Honorable Edward E. Guido v COURT ORDER AND NOW, this /a day of September, 2013, upon consideration of the attached Custody Conciliation Report,it is ordered and directed as follows: 1. The hearing scheduled before this Court on Monday,September 30,2013,at 1:00 p.m. shall remain as scheduled subject,however,to the ability of legal counsel for the parties to cancel the hearing in the event the problems existing in the case are resolved prior to the hearing. In an effort to resolve some of the current issues,the existing custody Order dated November 25, 2008, shall remain in place subject to the following conditions: A. Father shall not smoke himself or allow any cigarette smoking or other smoking in his residence or in any automobiles when he has custody of the minor child. B. Father shall undergo a psychiatric evaluation with the results of that evaluation shared with legal counsel for both parties. In the event mother desires a second psychiatric evaluation and is willing to pay the costs of that evaluation,father shall cooperate in that evaluation with the evaluator retained by the mother also to share the results of that evaluation with counsel for both parties. Father shall sign all necessary consents for sharing of that information. It is understood that any psychiatrist evaluating the father shall obtain relevant information from both parties in connection with the father's situation. C. Father shall follow any recommendations of the psychiatrist who does the evaluation to include directions on medications and any other pertinent treatment. D. Father shall continue his existing therapy on a weekly basis and maintain the therapy sessions as directed by his therapist. E. Father shall contact Lisa Bechtel of Franco Associates, who is the current counselor for the minor child, and father shall initiate his own sessions with Miss Bechtel for purposes of facilitating appropriate counseling of the minor child. F. Father shall continue to take all medications prescribed by his psychiatrist with the understanding that a monthly medication check shall be accomplished in order to insure the father is maintaining a therapeutic level for his medications. G. When the minor child is in the custody of the father overnight, father shall provide the minor child with the option if having a separate sleeping accommodation at the father's home. 2. Counsel for either party may contact the Custody Conciliator for a telephone conference in the event the parties believe such a conference may aid in addressing any future issues with the parties. No party shall be permitted to relocate the residence of the child where said relocation will significantly impair the ability to exercise custody unless every individual who has custodial rights to the child consents to the proposed relocation or the court approves the proposed relocation. Any party proposing to relocate MUST comply with 23 Pa.C.S.§5337. TRUE COPY-FROM.RECORD BY THE COURT, In Testrtw ► vnew 't mat mY hand and�� . .Prottia►o�a�► This ' of G%yyJ 6 ) Edward E. Guido,Judge cc: John J. Connelly, Jr.,Esquire Bradley L. Griffie,Esquire ROBERT ICKES,JR., : IN THE COURT OF COMMON PLEAS Plaintiff/Respondent : CUMBERLAND COUNTY,PENNSYLVANIA v. : NO. 08-5984 MELANIE L. LUGO n/k/a, • MELANIE L. RASMUSSEN, : CIVIL ACTION- LAW Defendant/Petitioner : IN CUSTODY CERTIFICATE OF SERVICE I, John J. Connelly, Jr., Esquire, of JSDC Law Offices, attorney for the Plaintiff, Melanie L. Rasmussen,hereby certify that I have served a copy of the foregoing Petition on the following on the date and in the manner indicated below: VIA U.S.MAIL,FIRST CLASS,PRE-PAID Bradley L. Griffie, Esquire Griffie & Associates 200 North Hanover Street Carlisle, PA 17013 JSDC LAW OFFICES Dated: . 4 By: 4.4 �►� Jc . C% : ly, Jr. 1111 A . yey .D. 15615 P.O. Box . I Hershey, PA 17033-0650 (717) 533-3280 ROBERT ICKES,JR. IN THE COURT OF COMMON PLEAS OF c N� PLAINTIFF CUMBERLAND COUNTY, PENNSYLVAN1 V. -Ti 2008-5984 CIVIL ACTION LAW .rn m -= ,37-3 -t", CJI• MELANIE L. LUGO N/K/A MELANIE L. IN CUSTODY RASMUSSEN DEFENDANT =C 2:.. —. C.a c-> ORDER OF COURT AND NOW, Friday,February 21,2014 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X.Gilroy,Esq. ,the conciliator, at 4th Floor,Cumberland County Courthouse,Carlisle on Thursday, March 27,2014 9:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished,to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. You must file with the Court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in-person contact with the court (including, but not limited to, a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition. No party may make a change in the residence of any child which significantly impairs the ability of the other party to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and Pa.R.C.P. No. 1915.17 regarding relocation. FOR THE COURT. By: Is/ Hubert X. Gilroy, Esq.(i1r- 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. Co M Cumberland County Bar Association w i E S' 12.at�C 32 South Bedford Street 041J. egsAkm Carlisle, Pennsylvania 17013 �} Telephone (717) 249-3166 D . �?yu It_. 141-ly 1"/ 02.1,114g ROBERT ICKES, JR. : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA vs. MELANIE L. LUGO n/k/a, MELANIE L. RASMUSSEN, Defendant/Petitioner : No. 08 -5984 : CIVIL ACTION —LAW PETITION TO MAKE RULE ABSOLUTE —4 c:: r -' AND NOW comes Petitioner, Bradley L. Griffie, Esquire, and the law firm of Griffie & Associates, P.C., and petitions the court as follows: 1 Petitioner is Bradley L. Griffie, Esquire and the law firm of Griffie & Associates, P.C., attorney of record for the above named Plaintiff, Robert Ickes, Jr. 2. Respondent is Robert Ickes, Jr., the above named Plaintiff, an adult individual with a last known address of 36 East North Street, Carlisle, Cumberland County, Pennsylvania. 3. On January 29, 2014, Petitioner filed a Petition to Withdraw as Counsel in this matter which resulted in the entry of an Order of Court dated February 3, 2014, a copy of which is attached hereto and incorporated herein by reference as Exhibit 4. Pursuant to the Courts Order of February 3, 2014, a Rule was issued upon Respondent, Robert Ickes, Jr., to show cause, if any he had, as to why Petitioner should not be permitted to withdraw as counsel in this matter. _ 5. A true and attested copy of. the Court's Order and Rule to Show Cause was forwarded by first class mail, postage prepaid, as required by the Order of Court to the Respondent on February 10, 2014. 6. Cosidering three (3) days for mailing, the law presumes that the documents were received by the Respondent by February 13, 2014, thereby making the twenty (20) day period in which to respond terminate on March 5, 2014. 7. The period of time in which the Respondent was granted by the Court to respond to the Petition has passed and no response had been filed. WHEREFORE, Petitioner requests your Honorable Court to enter an Order authorizing Petitioner to withdraw as counsel for Robert Ickes, Jr. in this matter. Respectfiill Submitted, oner upreme Court ID No. 34349 GRIFFIE & ASSOCIATES, P.C. 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 le, Esquire VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: ROBERT ICIKES, JR. : IN THE COURT OF COMMON. PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 08 -5984 MELANIE L. LUGO n/k/a, MELANIE L. RASMUSSEN, Defendant/Petitioner : CIVIL ACTION —LAW : Prior Judge: Edward E. Guido ORDER OF COURT AND NOW, this / 7 day of March, 2014, upon presentation and consideration of the within Petition to Make Rule Absolute, our Rule previously issued upon Respondent, Robert Ickes, Jr., requiring him to show cause, as to why Bradley L. Griffie, Esquire and the law firm of Griffie & Associated, P.C. should not be permitted to withdraw as counsel in this matter is hereby made ABSOLUTE. Petitioner is hereby permitted to withdraw as counsel for Respondent, Robert Ickes, Jr. Edward E. Guido, Judge Cc: ✓Bradley L. Griffie, Esquire Petitioner Robert Ickes, Jr. 36 East North Street Carlisle, PA 17013 Respondent Connelly, Jr., Esquire Attorney for Defendant i l 3717/5' ROBERT ICKES, JR. : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY,PENNSYLVANIA vs. :No. 08-5984 C, -7, MELANIE L. LUGO n/k/a, : =- MELANIE L. RASMUSSEN, : CIVIL ACTION—LAW Defendant/Petitioner : �»..� c <c W CD F >c) PRAECIPE "j TN.) ' TO THE PROTHONOTARY: Pursuant to the Court Order of March 17, 2014, please withdraw my appearance previously entered in this matter on behalf of Robert Ickes, Jr., Plaintiff. 111,�DATE: /..)01/q �-4 �►!4riffie, Esquire ' me Court ID No. 34349 GRIFFIE &ASSOCIATES, P.C. 200 North Hanover Street Carlisle,PA 17013 (717) 243-5551